5–21–02 Tuesday Vol. 67 No. 98 May 21, 2002 Pages 35705–35890
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1 II Federal Register / Vol. 67, No. 98 / Tuesday, May 21, 2002
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 202–512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public interest. Subscriptions: Paper or fiche 202–523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Assistance with Federal agency subscriptions 202–523–5243 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register is issued under the To subscribe, go to http://listserv.access.gpo.gov and select: authority of the Administrative Committee of the Federal Register Online mailing list archives as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each FEDREGTOC-L day the Federal Register is published and it includes both text Join or leave the list and graphics from Volume 59, Number 1 (January 2, 1994) forward. Then follow the instructions. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512–1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 67 FR 12345.
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2 III
Contents Federal Register Vol. 67, No. 98
Tuesday, May 21, 2002
Administration on Aging Defense Department See Aging Administration See Army Department See Engineers Corps Agency for International Development NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 35800 Proposed collection; comment request, 35787 Meetings: Capabilities for Domestic Response to Terrorist Attacks Aging Administration Involving Weapons of Mass Destruction Advisory NOTICES Panel, 35800 Grants and cooperative agreements; availability, etc.: Native Americans Part A-Indian Program, 35822 Education Department Agriculture Department NOTICES See Commodity Credit Corporation Grants and cooperative agreements; availability, etc.: See Forest Service Educational research and improvement— See Rural Utilities Service Education Improvement Fund Program, 35887–35890 Army Department See Engineers Corps Energy Department NOTICES See Federal Energy Regulatory Commission Meetings: See Southwestern Power Administration Science Board, 35800–35801
Centers for Disease Control and Prevention Engineers Corps NOTICES NOTICES Grant and cooperative agreement awards: Environmental statements; notice of intent: Lithuania Health Ministry, National Tuberculosis Control Beaumont and Port Arthur, TX; Sabine-Neches ship Program, 35822 channel improvements, 35801 Patent licenses; non-exclusive, exclusive, or partially exclusive: Environmental Protection Agency Aventis Environmental Sciences, 35822–35823 RULES Commerce Department Water pollution control: See International Trade Administration Marine sanitation devices— See National Oceanic and Atmospheric Administration Florida Keys National Marine Sanctuary, FL; no discharge zone, 35735–35743 Committee for the Implementation of Textile Agreements PROPOSED RULES NOTICES Water pollution; effluent guidelines for point source Cotton, wool, and man-made textiles: categories: Romania, 35799 Metal products and machinery; meeting, 35774–35775 NOTICES Commodity Credit Corporation Agency information collection activities: NOTICES Proposed collection; comment request, 35806–35808 Agency information collection activities: Air pollution control: Proposed collection; comment request, 35787–35788 Citizens suits; proposed settlements— Association of Irritated Residents et al., 35812–35813 Commodity Futures Trading Commission PuriNOx diesel fuel; alternative Tier 2 requirements, NOTICES 35808–35809 Meetings; Sunshine Act, 35799–35800 Air pollution control; new motor vehicles and engines: California pollution control standards; Federal Council on Environmental Quality preemption waiver request and within-scope waiver NOTICES request; hearing opportunity, 35809–35811 Reports and guidance documents; availability, etc.: Meetings: Information disseminated by Federal agencies; quality, Science Advisory Board, 35811–35812 objectivity, utility, and integrity guidelines, 35814– Superfund; response and remedial actions, proposed 35816 settlements, etc.: Robesonia Mercury Spill Site, PA, 35813–35814 Customs Service RULES User fee airports; Customs services fees: Environmental Quality Council McKinney Municipal Airport, TX, 35722–35723 See Council on Environmental Quality
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Equal Employment Opportunity Commission PROPOSED RULES RULES Food additives: Federal sector equal employment opportunity: Food contact substance notification system, 35764–35765 Americans with Disabilities Act nondiscrimination NOTICES standards; applicability to Section 501 of Grants and cooperative agreements; availability, etc.: Rehabilitation Act, 35732–35735 Innovative food safety projects, 35823–35826 Reports and guidance documents; availability, etc.: Executive Office of the President Food contact notifications preparation, 35826 See Council on Environmental Quality High-intensity mercury vapor discharge lamps See Presidential Documents advertisements; compliance policy guide revoked, See Trade Representative, Office of United States 35826–35827 Sunlamp product performance standard and UVA Federal Aviation Administration tanning products; compliance policy guide revoked, RULES 35827 Airworthiness directives: Raytheon; correction, 35847 Forest Service SOCATA-Groupe AEROSPATIALE; correction, 35847 NOTICES Airworthiness standards: Environmental statement; notice of intent: Special conditions— Umpqua National Forest, OR, 35788 Airbus Industrie Model A340-500/-600 airplanes, Meetings: 35715–35722 PROPOSED RULES Lake Tahoe Basin Federal Advisory Committee, 35788– Airworthiness directives: 35789 Bell, 35763–35764 Resource Advisory Committees— Lincoln County, 35789 Federal Communications Commission Reports and guidance documents; availability, etc.: NOTICES Wildland firefighting; interim directives, 35789 Agency information collection activities: Proposed collection; comment request, 35816–35817, Government Ethics Office 35820 RULES Reporting and recordkeeping requirements, 35817–35820 Testimony by agency employees and production of official Rulemaking proceedings; petitions filed, granted, denied, records in legal proceedings, 35709–35713 etc., 35820 Federal Emergency Management Agency Health and Human Services Department RULES See Aging Administration Flood elevation determinations: See Centers for Disease Control and Prevention Various States, 35743–35762 See Food and Drug Administration PROPOSED RULES Flood elevation determinations: Housing and Urban Development Department Various States, 35775–35786 NOTICES Agency information collection activities: Federal Energy Regulatory Commission Proposed collection; comment request, 35828 NOTICES Electric rate and corporate regulation filings: UtiliGroup, Inc., et al., 35801–35802 Inter-American Foundation NOTICES Federal Highway Administration Meetings; Sunshine Act, 35828 PROPOSED RULES Engineering and traffic operations: Interior Department Uniform Traffic Control Devices Manual for streets and See Land Management Bureau highways; revision, 35849–35886 NOTICES Meetings: Federal Housing Finance Board Exxon Valdez Oil Spill Trustee Council, 35828–35829 RULES Federal home bank loan system: Consolidated obligations; non-mortgage assets; definition, Internal Revenue Service 35713–35715 RULES Income taxes: Federal Mediation and Conciliation Service Retirement plans; required distributions NOTICES Correction, 35731–35732 Agency information collection activities: PROPOSED RULES Submission for OMB review; comment request, 35820– Excise taxes: 35821 Pension excise taxes; future benefit accrual rate; significant reduction Food and Drug Administration Correction, 35765–35766 RULES NOTICES Food additives: Agency information collection activities: Food contact substance notification system, 35724–35731 Proposed collection; comment request, 35844–35845
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International Trade Administration Meetings; Sunshine Act, 35841 NOTICES Antidumping: Office of United States Trade Representative Cased pencils from— See Trade Representative, Office of United States China, 35790 Individually quick frozen red raspberries from— Postal Rate Commission Chile, 35790–35793 PROPOSED RULES Practice and procedure: International Trade Commission Electronic filing of documents over Internet, 35766– NOTICES 35774 Import investigations: Silicomanganese from— Presidential Documents Various countries, 35832 PROCLAMATIONS Sulfanilic acid from— Trade: Hungary and Portugal, 35832–35833 Cote D’Ivoire; designation as a beneficiary Sub-Saharan Tariff legislation, pending; information request, 35833– African country (Proc. 7561), 35705–35706 35834 Special observances: Armed Forces Day (Proc. 7562), 35707–35708 Labor Department See Labor Statistics Bureau Public Health Service NOTICES See Centers for Disease Control and Prevention Agency information collection activities: See Food and Drug Administration Submission for OMB review; comment request, 35834– 35836 Rural Utilities Service Meetings: NOTICES 21st Century Workforce, President’s Council, et al., 35836 Environmental statements; availability, etc.: East River Electric Power Cooperative, Inc., 35789–35790 Labor Statistics Bureau NOTICES Securities and Exchange Commission Agency information collection activities: NOTICES Proposed collection; comment request, 35836–35837 Applications, hearings, determinations, etc.: Land Management Bureau Community Banks, Inc., 35841–35842 NOTICES Committees; establishment, renewal, termination, etc.: Social Security Administration Wild Horse and Burro Advisory Board, 35829 RULES Withdrawal and reservation of lands: Social security benefits: California and Oregon, 35830–35832 Disability determinations; medical criteria— Oregon, 35829–35830 Musculoskeletal system and related criteria; correction, 35723–35724 National Aeronautics and Space Administration NOTICES Southwestern Power Administration Committees; establishment, renewal, termination, etc.: NOTICES Aerospace Medicine and Occupational Health Advisory Power rates: Committee, 35837–35838 Integrated System rate schedules, 35802–35805 Meetings: Sam Rayburn Dam Project, 35805–35806 Advisory Council, 35838 Space Science Advisory Committee, 35838–35839 Surface Transportation Board Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Railroad operation, acquisition, construction, etc.: Reactive Material Placement Technique for Groundwater Bighorn Divide & Wyoming Railroad Inc., 35843–35844 Treatment, etc., 35839 Veridian Engineering, Inc., 35839 Textile Agreements Implementation Committee See Committee for the Implementation of Textile National Oceanic and Atmospheric Administration Agreements NOTICES Marine mammals: Trade Representative, Office of United States Incidental taking; authorization letters— NOTICES Washington State; U.S. Geological Survey; seismic Trade Policy Staff Committee: hazard investigations; harbor porpoise, killer Steel products; exclusion of particular products whale, Dall’s porpoise, harbor seal, etc., 35793– (Presidential Proclamation 7529), 35842–35843 35799 Transportation Department Nuclear Regulatory Commission See Federal Aviation Administration NOTICES See Federal Highway Administration Environmental statements; availability, etc.: See Surface Transportation Board Duke Energy Corp., 35839–35840 Meetings: Treasury Department Reactor Safeguards Advisory Committee, 35840–35841 See Customs Service
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See Internal Revenue Service Part III Education Department, 35887–35890 Veterans Affairs Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 35845– Reader Aids 35846 Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, Minority Veterans Advisory Committee, 35846 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Separate Parts In This Issue LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Part II archives, FEDREGTOC-L, Join or leave the list (or change Transportation Department, Federal Highway settings); then follow the instructions. Administration, 35849–35886
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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: 7561...... 35705 7562...... 35707 5 CFR 2608...... 35709 12 CFR 966...... 35713 14 CFR 25...... 35715 39 (2 documents) ...... 35847 Proposed Rules: 39...... 35763 19 CFR 122...... 35722 20 CFR 404...... 35723 21 CFR 20...... 35724 58...... 35724 170...... 35724 171...... 35724 174...... 35724 179...... 35724 Proposed Rules: 170...... 35764 23 CFR Proposed Rules: 655...... 35850 26 CFR 1...... 35731 54...... 35731 602...... 35731 Proposed Rules: 1...... 35765 54...... 35765 29 CFR 1614...... 35732 39 CFR Proposed Rules: 3001...... 35766 40 CFR 140...... 35735 Proposed Rules: 438...... 35774 44 CFR 65 (4 documents) ...... 35743, 35745, 35749, 35752 67 (2 documents) ...... 35756, 35758 Proposed Rules: 67 (3 documents) ...... 35775, 35781, 35784
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Federal Register Presidential Documents Vol. 67, No. 98
Tuesday, May 21, 2002
Title 3— Proclamation 7561 of May 16, 2002
The President To Designate the Republic of Coˆte d’Ivoire as a Beneficiary Sub-Saharan African Country
By the President of the United States of America
A Proclamation
Section 506A(a)(1) of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth and Opportunity Act (title I of Public Law 106–200) (AGOA), authorizes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a ‘‘beneficiary sub-Saharan African country.’’ Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides special rules for certain apparel articles imported from ‘‘lesser developed beneficiary sub-Saharan African countries.’’ Proclamation 7350 of October 2, 2000, and Proclamation 7400 of January 17, 2001, designated certain countries listed in section 107 of the AGOA as beneficiary sub-Saharan African countries and identified which designated beneficiary sub-Saharan African countries would be considered lesser devel- oped beneficiary sub-Saharan African countries under section 112(b)(3)(B) of the AGOA. Pursuant to section 506A(a)(1) of the 1974 Act, and having due regard for the eligibility criteria set forth therein, I have determined that it is appropriate to designate the Republic of Coˆte d’Ivoire (Coˆte d’Ivoire) as a beneficiary sub-Saharan African country. Coˆte d’Ivoire satisfies the criteria for treatment as a ‘‘lesser developed bene- ficiary sub-Saharan country’’ under section 112(b)(3)(B) of the AGOA. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including sections 506A and 604 of the 1974 Act, and section 111 of the AGOA, do proclaim that: (1) Coˆte d’Ivoire is designated as a beneficiary sub-Saharan African country. (2) In order to reflect this designation in the HTS, general note 16(a) to the HTS is modified by inserting in alphabetical sequence in the list of beneficiary sub-Saharan African countries ‘‘Republic of Coˆte d’Ivoire.’’ (3) For purposes of section 112(b)(3)(B) of the AGOA, Coˆte d’Ivoire shall be considered a lesser developed beneficiary sub-Saharan African country. (4) Any provisions of previous proclamations and Executive Orders that are inconsistent with this proclamation are superseded to the extent of such inconsistency.
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(5) The modifications of the HTS made by this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date of publication of this proclamation in the Federal Register. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of May, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-sixth. W
[FR Doc. 02–12859 Filed 5–20–02; 8:45 am] Billing code 3195–01–P
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Proclamation 7562 of May 16, 2002 Armed Forces Day, 2002
By the President of the United States of America
A Proclamation The words of President Dwight D. Eisenhower written in 1953 remain true today: ‘‘It is fitting and proper that we devote one day each year to paying special tribute to those whose constancy and courage constitute one of the bulwarks guarding the freedom of this nation and the peace of the free world.’’ On Armed Forces Day, our grateful Nation salutes the brave men and women who protect our country, defend freedom, and help make our world a better place. During these extraordinary times, we are reminded that our achievements in peace and war stand upon the service and sacrifice of those in uniform. Today, we have troops fighting overseas to defeat terrorism. These brave men and women follow in the footsteps of previous generations who, since our Nation’s founding, have stepped forward to defend our homeland and secure liberty for our country and our friends and allies. The members of our military exemplify the true spirit of patriotism—a love of country expressed through a commitment to serve our Nation and defend our freedom. Their selfless dedication and determination are an inspiration to every Amer- ican. In difficult times, America has called on members of our Armed Forces to protect the democratic ideals on which our country was founded, and they have never let our country down. As we confront the challenges of this new era, we will continue to rely on our military’s extraordinary skill, sense of honor, devotion to duty, and courageous commitment to service. More than 50 years ago, President Harry S. Truman helped establish a day for Americans to join together and thank our military members for their service to our country. In 1949, Secretary of Defense Louis Johnson announced the establishment of Armed Forces Day to replace separate Army, Navy, Marine Corps, and Air Force Days. A year later, President Truman issued a Presidential Proclamation, observing that the day ‘‘marks the first combined demonstration by America’s defense team of its progress, under the National Security Act, towards the goal of readiness for any eventuality. It is the first parade of preparedness by the unified forces of our land, sea, and air defense.’’ The theme of this year’s celebration is ‘‘United For Freedom.’’ During this celebration, I encourage Americans to show the world that we are unified as a people and ready to defend our way of life, our freedoms, and our homeland. As President and Commander in Chief, I urge all our citizens to join me in expressing appreciation for the dedication and selfless service of the members of our extraordinary Armed Forces. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my ten immediate predecessors in this Office, do hereby proclaim the third Saturday of each May as Armed Forces Day. I direct the Secretary of Defense on behalf of the Army, Navy, Marine Corps, and Air Force, and the Secretary of Transportation on behalf of
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the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and coopera- tion of civil authorities and private citizens. I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States. I also invite national and local veterans, civic, and community service organi- zations to join in the observance of Armed Forces Day each year. I call upon all Americans not only to display the flag of the United States at their homes on Armed Forces Day, but also to learn about our system of defense and about the men and women who sustain it by attending and participating in the local observances of the day. Proclamation 6693 of May 21, 1994, is hereby superseded. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of May, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-sixth. W
[FR Doc. 02–12860 Filed 05–20–02; 8:45 am] Billing code 3195–01–P
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Rules and Regulations Federal Register Vol. 67, No. 98
Tuesday, May 21, 2002
This section of the FEDERAL REGISTER party. Typically, these subpoenas and received suggestions on the rule as contains regulatory documents having general requests are for OGE records that are not proposed from two commenters. As applicability and legal effect, most of which available to the public under the noted below in the summary of this are keyed to and codified in the Code of Freedom of Information Act (FOIA). final rule, we are adopting several minor Federal Regulations, which is published under Also, OGE sometimes receives changes in this final rule from the rule 50 titles pursuant to 44 U.S.C. 1510. subpoenas and requests for OGE as proposed, based primarily on those The Code of Federal Regulations is sold by employees to appear as witnesses in comments. Moreover, in order to clarify the Superintendent of Documents. Prices of litigation in conjunction with a request the application of this rule, OGE has new books are listed in the first FEDERAL for nonpublic records. Requesters have decided to revise the proposed part REGISTER issue of each week. sought information, for example, on a heading to make express that it applies particular filer of a financial disclosure to testimony by OGE employees report, a particular nominee or ‘‘relating to official information’’ (as OFFICE OF GOVERNMENT ETHICS incumbent or former employee and for opposed to private matters), as well as any ethics advice that OGE may have to the production of official records in 5 CFR Part 2608 given to that individual, or concerning legal proceedings. In addition, OGE has RIN 3209–AA23 the nature of ethical advice that OGE determined to add a reference to 31 gave to another agency and how OGE U.S.C. 9701 to the new part 2608 Testimony by OGE Employees arrived at that advice. authority citation. This statute Relating to Official Information and Responding to such demands and authorizes agencies to issue regulations Production of Official Records in Legal requests sometimes results in a providing for fair and cost-based fees Proceedings significant disruption in an OGE and charges. employee’s work schedule. The result is Briefly summarized, this final rule AGENCY: Office of Government Ethics that employees may be diverted from prohibits disclosure of nonpublic (OGE). performing their official duties in order official records or testimony by OGE ACTION: Final rule. to respond to requests from parties in employees unless there is compliance litigation. In order to address this with the rule (§§ 2608.201 and SUMMARY: The Office of Government problem, many agencies over the years 2608.203). Based on a suggestion of one Ethics is adopting as final a proposed have issued ‘‘Touhy’’ regulations that of the commenters, OGE is dropping the rule, with certain minor changes based are similar to this final regulation, word ‘‘recorded’’ before the term primarily on comments received, that governing the circumstances and ‘‘interviews’’ in the list of types of sets forth procedures that requesters manner in which an employee may testimony covered by this regulation. have to follow when making demands respond to demands for testimony or for The rule identifies the factors that OGE on or requests to an OGE employee to the production of documents. Such a will consider in making determinations produce official records and regulation was upheld by the United in response to such requests and what information, and provide testimony States Supreme Court in United States information requesters must provide relating to official information, in ex rel. Touhy v. Ragen, 340 U.S. 462 (§§ 2608.202 and 2608.203). In response connection with a legal proceeding in (1951). to a comment, OGE has added which OGE is not a party. This final rule In Touhy, the Supreme Court held ‘‘otherwise protected information’’ to establishes procedures to respond to that a Department of Justice (DOJ) the types of sensitive information such demands and requests in an official, acting on order of the Attorney enumerated in paragraph (i) of orderly and consistent manner. The General, could not be held in contempt § 2608.202; on its own initiative, OGE is rule, among other benefits, will promote for declining to produce records in adding the term ‘‘demand,’’ in addition uniformity in decisions, protect response to a subpoena. The employee’s to request, to the text of paragraph (d) confidential information, provide refusal was based upon a DOJ regulation of that section. The rule also specifies guidance to requesters, and reduce the that prohibited disclosure of agency when the request should be submitted potential for both inappropriate files, documents, records, or (§ 2608.203), the time period for review disclosures of official information and information without the express (§ 2608.205), potential fees (§ 2608.301), wasteful allocation of agency resources. approval of the Attorney General. The and, if a request is granted, any EFFECTIVE DATE: June 20, 2002. Court upheld the validity of the DOJ restrictions that may be placed on the FOR FURTHER INFORMATION CONTACT: regulation, reasoning that it was disclosure of records or the appearance William E. Gressman, Senior Associate appropriate for the Attorney General to of an OGE employee as a witness General Counsel, Office of Government prescribe regulations not inconsistent (§§ 2608.207 and 2608.208). As Ethics, telephone: 202–208–8000; TDD: with law for the custody, use, and suggested by one of the commenters, 202–208–8025; FAX: 202–208–8037. preservation of records, papers, and OGE is deleting proposed subparagraph SUPPLEMENTARY INFORMATION: property pertaining to DOJ. (c)(2) of § 2608.207, which concerned On September 24, 2001, OGE denial of authorization by the General Background published in the Federal Register its Counsel for fact testimony if contrary to The Office of Government Ethics own proposed Touhy regulation, for the best interest of OGE or the United occasionally receives subpoenas and codification in a new part 2608 of 5 States, as unnecessary given the overall requests for OGE employees to provide CFR. See 66 FR 48824–48828, which requirement for authorization for such evidence in litigation or other legal provided for a 60-day public comment testimony in paragraph (c). The Office of proceedings in which OGE is not a period. The Office of Government Ethics Government Ethics is adopting in this
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final rule two other changes suggested or the official testimony of an OGE would involve fewer than ten persons by the commenters. First, OGE is adding employee nor would it create any each year. the phrase ‘‘when necessary’’ to the additional right or privilege not already procedure provided in § 2608.209 for available to OGE to deny any demand or Congressional Review Act informing the court or other competent request therefor. However, any failure to The Office of Government Ethics has authority and seeking a stay when a comply with the procedures in this rule determined that this rulemaking decision is not made prior to the time would be a basis for denying a demand involves a nonmajor rule under the a response is required. This or request submitted to OGE. Congressional Review Act (5 U.S.C. modification from the section as Matters of Regulatory Procedure chapter 8) and has submitted a report proposed recognizes that at times there thereon to the U.S. Senate, House of can be informal resolution of such Regulatory Flexibility Act Representatives and General Accounting matters short of seeking a stay. The Office in accordance with that law. second change is that OGE is adding the For purposes of the Regulatory phrase ‘‘unless otherwise advised by the Flexibility Act (5 U.S.C. chapter 6), this List of Subjects in 5 CFR Part 2608 General Counsel’’ to the procedure final rule will not have a significant provided in § 2608.210 for personal economic impact on a substantial Administrative practice and appearance of an OGE employee when number of small entities. The rule procedure, Conflict of interests, Courts, a stay of a demand (or, as now added addresses only the procedures to be Government employees, Penalties, by OGE, a request) is denied. This followed in the production or disclosure Records, Subpoenas, Testimony. change likewise recognizes that such of official OGE materials and information in litigation where OGE is Approved: May 14, 2002. denials can sometimes be resolved Amy L. Comstock, instead by written response (see the not a party. Accordingly, OGE has section’s last sentence) or otherwise. determined that a Regulatory Flexibility Director, Office of Government Ethics. Analysis is not required. The charges for witnesses are the Accordingly, for the reasons set forth same as those provided by the Federal Unfunded Mandates Reform Act in the preamble, the Office of courts; and the fees related to Government Ethics hereby adds a new production of records are the same as For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. part 2608 to 5 CFR chapter XVI to read those charged under FOIA. The charges as follows: for time spent by an employee to chapter 25, subchapter II), this rule will prepare for testimony and for not significantly or uniquely affect small PART 2608—TESTIMONY BY OGE certification of records by OGE are governments and will not result in EMPLOYEES RELATING TO OFFICIAL authorized under 31 U.S.C. 9701, which increased expenditures by State, local, INFORMATION AND PRODUCTION OF permits an agency to charge for services and tribal governments, in the aggregate, OFFICIAL RECORDS IN LEGAL or things of value that are provided by or by the private sector, of $100 million PROCEEDINGS the agency. or more (as adjusted for inflation) in any This final rule applies to a broad one year. Subpart A—General Provisions range of matters in any legal proceeding Executive Order 12866 in which OGE is not a named party. It Sec. also applies to former and current OGE In issuing this regulation, the Office of 2608.101 Scope and purpose. employees (as well as OGE consultants Government Ethics has adhered to the 2608.102 Applicability. and advisers). Former OGE employees regulatory philosophy and the 2608.103 Definitions. are prohibited from testifying about applicable principles of regulation as set Subpart B—Requests for Testimony and specific matters for which they had forth in section 1 of Executive Order Production of Documents responsibility during their active 12866, Regulatory Planning and Review. 2608.201 General prohibition. employment unless permitted to testify This final rule has not been reviewed by the Office of Management and Budget 2608.202 Factors OGE will consider. as provided in the rule. They would not 2608.203 Filing requirements for demands under that Executive order since it is be barred from appearing to testify about or requests for documents or testimony. not a significant regulatory action general matters unconnected with the 2608.204 Service of subpoenas or requests. specific matters for which they had within the meaning of the Executive 2608.205 Processing demands or requests. responsibility. order. 2608.206 Final determination. This final regulation will ensure a Executive Order 12988 2608.207 Restrictions that apply to more efficient use of OGE resources, testimony. minimize the possibility of involving As Director of the Office of 2608.208 Restrictions that apply to released OGE in issues unrelated to its Government Ethics, I have reviewed this records. responsibilities, promote uniformity in final regulation in light of section 3 of 2608.209 Procedure when a decision is not responding to such requests and Executive Order 12988, Civil Justice made prior to the time a response is subpoenas, and maintain the Reform, and certify that it meets the required. impartiality of OGE in matters that are applicable standards provided therein. 2608.210 Procedure in the event of an in dispute between other parties. It will Paperwork Reduction Act adverse ruling. also serve OGE’s interest in protecting sensitive, confidential, and privileged The Paperwork Reduction Act (44 Subpart C—Schedule of Fees information and records that are U.S.C. chapter 35) does not apply 2608.301 Fees. generated in response to the because this final regulation does not Subpart D—Penalties requirements in the ethics laws and contain information collection regulations. requirements that require approval by 2608.401 Penalties. This final OGE rule is internal (not the Office of Management and Budget. Authority: 5 U.S.C. App. (Sec. 401, Ethics branchwide), and is essentially The Office of Government Ethics in Government Act of 1978); 31 U.S.C. 9701; procedural, not substantive. It does not expects the collection of information 44 U.S.C. 3101–3107, 3301–3303a, 3308– create a right to obtain official records that is called for by the regulation 3314.
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Subpart A—General Provisions other competent authority, for the testimony relating to official production, disclosure, or release of information in response to a demand or § 2608.101 Scope and purpose. records or for the appearance and request without the prior, written (a) This part sets forth policies and testimony of an OGE employee that is approval of the General Counsel. procedures you must follow when you issued in a legal proceeding. submit a demand or request to an General Counsel means the General § 2608.202 Factors OGE will consider. employee of the Office of Government Counsel of OGE or a person to whom The General Counsel, in his or her Ethics (OGE) to produce official records the General Counsel has delegated sole discretion, may grant an employee and information, or provide testimony authority under this part. permission to testify on matters relating relating to official information, in Legal proceeding means any matter to official information, or produce connection with a legal proceeding. You before a court of law, administrative official records and information, in must comply with these requirements board or tribunal, commission, response to a demand or request. when you request the release or administrative law judge, hearing Among the relevant factors that the disclosure of official records and officer, or other body that conducts a General Counsel may consider in information. legal or administrative proceeding. making this decision are whether: (b) The Office of Government Ethics Legal proceeding includes all phases of (a) The purposes of this part are met; intends these provisions to: litigation. (b) Allowing such testimony or (1) Promote economy and efficiency OGE means the U.S. Office of production of records would be in its programs and operations; Government Ethics. necessary to prevent a miscarriage of (2) Minimize the possibility of OGE employee or employee means: justice; (1)(i) Any current or former officer or involving OGE in controversial issues (c) OGE has an interest in the decision employee of OGE; not related to our functions; that may be rendered in the legal (3) Maintain OGE’s impartiality (ii) Any other individual hired proceeding; among private litigants where OGE is through contractual agreement by or on (d) Allowing such testimony or not a named party; and behalf of OGE or who has performed or (4) Protect sensitive, confidential is performing services under such an production of records would assist or information and the deliberative agreement for OGE; and hinder OGE in performing its statutory processes of OGE. (iii) Any individual who served or is duties or use OGE resources where (c) In providing for these serving in any consulting or advisory responding to the demand or request requirements, OGE does not waive the capacity to OGE, whether formal or will interfere with the ability of OGE sovereign immunity of the United informal. employees to do their work; States. (2) Provided, that this definition does (e) Allowing such testimony or (d) This part provides guidance for not include persons who are no longer production of records would be in the the internal operations of OGE. It does employed by OGE and who are retained best interest of OGE or the United not create any right or benefit, or hired as expert witnesses or who States; substantive or procedural, that a party agree to testify about general matters, (f) The records or testimony can be may rely upon in any legal proceeding matters available to the public, or obtained from other sources; against the United States. matters with which they had no specific (g) The demand or request is unduly involvement or responsibility during burdensome or otherwise inappropriate § 2608.102 Applicability. their employment with OGE. under the applicable rules of discovery This part applies to demands and Records or official records and or the rules of procedure governing the requests to employees for factual or information mean: case or matter in which the demand or expert testimony relating to official (1) All documents and materials request arose; information, or for production of official which are OGE agency records under (h) Disclosure would violate a statute, records or information, in legal the Freedom of Information Act, 5 Executive order or regulation; proceedings in which OGE is not a U.S.C. 552; (i) Disclosure would reveal named party. However, it does not (2) All other documents and materials confidential, sensitive, or privileged apply to: contained in OGE files; and information, trade secrets or similar, (a) Demands upon or requests for an (3) All other information or materials confidential commercial or financial OGE employee to testify as to facts or acquired by an OGE employee in the information, otherwise protected events that are unrelated to his or her performance of his or her official duties information, or information which official duties or that are unrelated to or because of his or her official status. would otherwise be inappropriate for the functions of OGE; Request means any informal request, release; (b) Demands upon or requests for a by whatever method, for the production (j) Disclosure would impede or former OGE employee to testify as to of records and information or for interfere with an ongoing law matters in which the former employee testimony which has not been ordered enforcement investigation or was not directly or materially involved by a court or other competent authority. proceedings, or compromise while at the OGE; Testimony means any written or oral constitutional rights; (c) Requests for the release of records statements, including depositions, (k) Disclosure would result in OGE under the Freedom of Information Act, answers to interrogatories, affidavits, appearing to favor one litigant over 5 U.S.C. 552, or the Privacy Act, 5 declarations, interviews, and statements another; U.S.C. 552a; and made by an individual in connection (l) Disclosure relates to documents (d) Congressional demands and with a legal proceeding. requests for testimony or records. that were produced by another agency; Subpart B—Requests for Testimony (m) A substantial Government interest § 2608.103 Definitions. and Production of Documents is implicated; The following definitions apply to (n) The demand or request is within this part: § 2608.201 General prohibition. the authority of the party making it; and Demand means a subpoena, or an No employee may produce official (o) The demand or request is order or other command of a court or records and information or provide any sufficiently specific to be answered.
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§ 2608.203 Filing requirements for (d) Your request should be submitted testimony of OGE employees including, demands or requests for documents or at least 45 days before the date that for example, limiting the areas of testimony. records or testimony is required. testimony or requiring the requester and You must comply with the following Requests submitted in less than 45 days other parties to the legal proceeding to requirements whenever you issue before records or testimony is required agree that the transcript of the testimony demands or requests to an OGE must be accompanied by a written will be kept under seal or will only be employee for official records and explanation stating the reasons for the used or made available in the particular information or testimony: late request and the reasons for legal proceeding for which testimony (a) Your request must be in writing expedited processing. was requested. The General Counsel and must be submitted to the General (e) Failure to cooperate in good faith may also require a copy of the transcript Counsel. If you serve a subpoena on to enable the General Counsel to make of testimony at the requester’s expense. OGE or an OGE employee before an informed decision may serve as the (b) The Office of Government Ethics submitting a written request and basis for a determination not to comply may offer the employee’s written receiving a final determination, OGE with your request. declaration in lieu of testimony. will oppose the subpoena on grounds (c) If authorized to testify pursuant to § 2608.204 Service of subpoenas or that your request was not submitted in requests. this part, an employee may testify as to accordance with this subpart. facts within his or her personal Subpoenas or requests for official (b) Your written request must contain knowledge, but, unless specifically records or information or testimony the following information: authorized to do so by the General must be served on the General Counsel, Counsel, the employee shall not: (1) The caption of the legal Office of Government Ethics, Suite 500, (1) Disclose confidential or privileged proceeding, docket number, and name 1201 New York Avenue, NW., information; or and address of the court or other Washington, DC 20005–3917. authority involved; (2) For a current OGE employee, (2) A copy of the complaint or § 2608.205 Processing demands or testify as an expert or opinion witness equivalent document setting forth the requests. with regard to any matter arising out of assertions in the case and any other (a) After service of a demand or the employee’s official duties or the pleading or document necessary to request to testify, the General Counsel functions of OGE unless testimony is show relevance; will review the demand or request and, being given on behalf of the United (3) A list of categories of records in accordance with the provisions of States (see also § 2635.805 of this sought, a detailed description of how this subpart, determine whether, or chapter). the information sought is relevant to the under what conditions, to authorize the § 2608.208 Restrictions that apply to issues in the legal proceeding, and a employee to testify on matters relating released records. specific description of the substance of to official information and/or produce the testimony or records sought; official records and information. (a) The General Counsel may impose conditions or restrictions on the release (4) A statement as to how the need for (b) The Office of Government Ethics of official records and information, the information outweighs the need to will process requests in the order in including the requirement that parties to maintain any confidentiality of the which they are received. Absent exigent the proceeding obtain a protective order information and outweighs the burden or unusual circumstances, OGE will or execute a confidentiality agreement on OGE to produce the records or respond within 45 days from the date to limit access and any further provide testimony; that we receive it. The time for response disclosure. The terms of the protective (5) A statement indicating that the will depend upon the scope of the order or of a confidentiality agreement information sought is not available from request. must be acceptable to the General another source, from other persons or (c) The General Counsel may grant a Counsel. In cases where protective entities, or from the testimony of waiver of any procedure described by orders or confidentiality agreements someone other than an OGE employee, this subpart where a waiver is have already been executed, OGE may such as a retained expert; considered necessary to promote a condition the release of official records (6) If testimony is requested, the significant interest of OGE or the United and information on an amendment to intended use of the testimony, a general States or for other good cause. the existing protective order or summary of the desired testimony, and § 2608.206 Final determination. confidentiality agreement. a showing that no document could be The General Counsel makes the final (b) If the General Counsel so provided and used in lieu of testimony; determination on demands and requests determines, original OGE records may (7) A description of all prior to employees for production of official be presented for examination in decisions, orders, or pending motions in records and information or testimony. response to a demand or request, but the case that bear upon the relevance of All final determinations are within the they are not to be presented as evidence the requested records or testimony; sole discretion of the General Counsel. or otherwise used in a manner by which (8) The name, address, and telephone The General Counsel will notify the they could lose their identity as official number of counsel to each party in the requester and the court or other OGE records, nor are they to be marked case; and authority of the final determination, the or altered. In lieu of the original records, (9) An estimate of the amount of time reasons for the grant or denial of the certified copies will be presented for that the requester and other parties will demand or request, and any conditions evidentiary purposes (see 28 U.S.C. require with each OGE employee for that the General Counsel may impose on 1733). time spent by the employee to prepare the release of records or information, or for testimony, in travel, and for on the testimony of an OGE employee. § 2608.209 Procedure when a decision is attendance in the legal proceeding. not made prior to the time a response is (c) The Office of Government Ethics § 2608.207 Restrictions that apply to required. reserves the right to require additional testimony. If a response to a demand or request information to complete your request (a) The General Counsel may impose is required before the General Counsel where appropriate. conditions or restrictions on the can make the determination referred to
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in § 2608.201, the General Counsel, submitting to the General Counsel a SUMMARY: The Federal Housing Finance when necessary, will provide the court check or money order for the Board (Finance Board) is amending its or other competent authority with a appropriate amount made payable to the regulation on Federal Home Loan Bank copy of this part, inform the court or Treasury of the United States. In the (Bank) consolidated obligations in order other competent authority that the case of testimony by former OGE to redefine the term ‘‘non-mortgage demand or request is being reviewed, employees, you must pay applicable assets,’’ as used in the provision on and seek a stay of the demand or request fees directly to the former employee in Bank leverage limits. The effect of this pending a final determination. accordance with 28 U.S.C. 1821 or other amendment would be to allow a Bank applicable statutes. to qualify more easily to maintain a 25- § 2608.210 Procedure in the event of an (e) Certification (authentication) of to-1 assets-to-capital leverage ratio adverse ruling. copies of records. The Office of instead of the general 21-to-1 ratio. In If the court or other competent Government Ethics may certify that addition, the rule makes several authority fails to stay the demand or records are true copies in order to technical changes to the definition of request, the employee upon whom the facilitate their use as evidence. If you ‘‘non-mortgage assets.’’ demand or request is made, unless seek certification, you must request otherwise advised by the General EFFECTIVE DATE: This rule will become certified copies from OGE at least 45 effective on June 20, 2002. Counsel, will appear at the stated time days before the date they will be and place, produce a copy of this part, needed. The request should be sent to FOR FURTHER INFORMATION CONTACT: state that the employee has been the General Counsel. You will be Scott L. Smith, Acting Director, Office of advised by counsel not to provide the charged a certification fee of $15.00 for Policy, Research and Analysis (202) requested testimony or produce each document certified. 408–2991; Charlotte A. Reid, Special documents, and respectfully decline to (f) Waiver or reduction of fees. The Counsel, Office of General Counsel (202) comply with the demand or request, General Counsel, in his or her sole 408–2510; Federal Housing Finance citing United States ex rel. Touhy v. discretion, may, upon a showing of Board, 1777 F Street, NW., Washington, Ragen, 340 U.S. 462 (1951). A written reasonable cause, waive or reduce any DC 20006. response may be offered to a request, or fees in connection with the testimony, SUPPLEMENTARY INFORMATION: to a demand, if permitted by the court production, or certification of records. or other competent authority. (g) De minimis fees. Fees will not be I. Background assessed if the total charge would be Subpart C—Schedule of Fees On March 7, 2002, the Finance Board $10.00 or less. published for notice and comment a § 2608.301 Fees. Subpart D—Penalties proposed rule to amend § 966.3(a) of the (a) Generally. The General Counsel Finance Board’s regulations, which sets may condition the production of records § 2608.401 Penalties. forth the assets-to-capital leverage limit or appearance for testimony upon (a) An employee who discloses that will apply to each Bank until: (1) advance payment of a reasonable official records or information or gives That Bank’s capital structure plan estimate of the costs to OGE. testimony relating to official required under part 933 of the (b) Fees for records. Fees for information, except as expressly regulations becomes effective; and (2) producing records will include fees for authorized by OGE or as ordered by a the Bank is in compliance with the new searching, reviewing, and duplicating Federal court after OGE has had the leverage limit set forth in § 932.2 of the records, costs of attorney time spent in opportunity to be heard, may face the regulations.1 Under § 966.3(a)(1), each reviewing the demand or request, and penalties provided in 18 U.S.C. 641 and Bank generally is required to maintain expenses generated by materials and other applicable laws. Additionally, a leverage ratio not in excess of 21-to- equipment used to search for, produce, former OGE employees are subject to the 1. However, § 966.3(a)(2) provides that a and copy the responsive information. restrictions and penalties of 18 U.S.C. Bank may maintain a leverage ratio of Costs for employee time will be 207 and 216. up to 25-to-1 if the amount of its ‘‘non- calculated on the basis of the hourly pay (b) A current OGE employee who mortgage assets’’ (after deducting of the employee (including all pay, testifies or produces official records and deposits and capital held by the Bank) allowance, and benefits). Fees for information in violation of this part does not exceed 11 percent of the Bank’s duplication will be the same as those shall be subject to disciplinary action. total assets. Thus, this rule is in a charged by OGE in its Freedom of [FR Doc. 02–12552 Filed 5–20–02; 8:45 am] transitory stage because as the Banks’ Information Act and Ethics in BILLING CODE 6345–01–P capital plans are approved and Government Act fee regulations at 5 implemented, this leverage requirement CFR part 2604, subparts E and G. will yield to the new leverage limit in (c) Witness fees. Fees for attendance § 932.2 of the Finance Board by a witness will include fees, expenses, FEDERAL HOUSING FINANCE BOARD regulations. and allowances prescribed by the Under § 966.3(a)(2), ‘‘non-mortgage court’s rules. If no such fees are 12 CFR Part 966 assets’’ are defined to include a Bank’s prescribed, witness fees will be [No. 2002–19] total assets after deduction of core determined based upon the rule of the mission activity (CMA) assets described Federal district court closest to the RIN 3069–AB10 in § 940.3 of the regulations and assets location where the witness will appear. described in sections II.B.8 through Such fees will include cost of time spent Federal Home Loan Bank Consolidated II.B.11 of the Federal Home Loan Bank by the witness to prepare for testimony, Obligations—Definition of the Term System Financial Management Policy in travel, and for attendance in the legal ‘‘Non-Mortgage Assets’’ proceeding. AGENCY: Federal Housing Finance 1 See 12 CFR 931.9(b)(1) (governing transition (d) Payment of fees. You must pay Board. from old to new leverage limit; see also 66 FR 8262, witness fees for current OGE employees ACTION: Final rule. 8280 (Jan. 30, 2001) (transition discussed in and any records certification fees by preamble to rule adopting new capital regulations).
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(FMP),2 which include: mortgage- nature of the rule. Ultimately, of course, in § 966.3(a)(2) be added to that list as backed securities (MBS) or the issue is best served by the Banks’ a stand-alone category of excluded collateralized mortgage obligations new capital structures. In the unlikely assets. Upon consideration, the Finance (CMOs) issued by U.S. government- event that a question arises in the Board rejects this suggestion. While sponsored enterprises; AAA-rated MBS interim concerning whether an asset accrued interest may be related to an or CMOs issued by private entities; may be excluded from the definition of asset, it is shown as a separate line item AAA-rated asset-backed securities non-mortgage assets, the Finance Board on a balance sheet. Once an interest backed by manufactured housing loans believes that the analysis may best be payment is made it is removed from the or home equity loans; and certain undertaken on a case-by-case basis. balance sheet and flows through the obligations of state and local housing One Bank requested that the income statement. An outstanding finance agencies rated AA or higher. definition of the government-insured or interest payment due is not the While serving as a vehicle to -guaranteed loans be broadened to equivalent of a Bank advancing funds to transition the Banks from this leverage include government insured or a member. Thus, the Finance Board has requirement to their new capital guaranteed multi-family residential determined that the interest due is not structures and the new leverage limit set mortgage loans in the list of excluded a ‘‘mortgage asset’’ for purposes of the forth in § 932.2 of the Finance Board assets. The Finance Board agrees with final rule. Additionally, the Finance regulations, the final rule amends the comment that all government- § 966.3(a)(2) to: (1) Exclude from the insured (or guaranteed) residential Board is not persuaded that principal scope of the definition of ‘‘non-mortgage mortgage loans—single family and amounts carried as receivables on a assets’’ United States government- multi-family—should be excluded from balance sheet should be granted insured single family and multifamily non-mortgage assets, and has amended separate asset status for purposes of this mortgages acquired by Banks as part of the final rule to reflect that change. As rule. their acquired member asset (AMA) proposed, the final rule also amends The Bank also suggested that the list programs established under part 955 of § 966.3(a)(2) to eliminate any cross- of excluded assets should be broadened the regulations; and (2) clarify the reference to CMA assets and in its place to include any adjustments made to the definition by eliminating the CMA and adds ‘‘acquired member assets, book value of the asset categories stated FMP cross-references and replacing including all United States government- in § 966.3(a)(2) resulting from the them with direct descriptions of the insured or guaranteed whole single- application of SFAS No. 133 under assets in question. This clarification will family and multi-family residential Generally Accepted Accounting provide the Banks with an unambiguous mortgage loans’’ to the list of assets to Principles (GAAP), and the book value standard for assets that are to be be subtracted from a Bank’s total assets of derivative assets that hedge similar excluded from the definition of non- to obtain the amount of ‘‘non-mortgage provisions embedded in advances, such mortgage assets in leverage limit assets’’ on a Bank’s balance sheet for as a cap on the floating rate of an calculations. purposes of the leverage limit advance. The commenter correctly The Finance Board received four calculation under this rule. noted that under SFAS No. 133 the In addition to the above-described comment letters, all of which were Bank includes in the book value of favorable comments, on the proposed revision, as proposed, the final rule also eliminates the reference in § 966.3(a)(2) assets hedged with derivatives any fair rule. The comments are discussed value gains or losses on those assets. below. Accordingly, the final rule to ‘‘assets described in sections II.B.8 through II.B.11 of the FMP’’ and The Finance Board does not believe that adopts the proposed rule with only one the rule should be amended to take such clarification as discussed below. replaces that reference with an explicit enumeration of the assets to be values into account. Nevertheless, the II. Analysis of Comment Letters and subtracted from a Bank’s total assets in Finance Board has determined that a Changes Made in the Final Rule calculating the percentage of non- Bank may value an asset under GAAP, The Finance Board received four mortgage assets. By including all as appropriate, for purposes of this final comment letters from Banks. All of the relevant information in the published rule. commenters supported the rule change. regulatory text, the definition of non- Finally, one Bank suggested it would Two commenters suggested that the list mortgage assets is made clearer and be beneficial to codify in the final rule of excluded assets contain certain more transparent, without any the Finance Board’s regulatory additional items. Additionally, one substantive change. interpretation (2001-RI–02) that the commenter recommended that the The Finance Board received several Banks may, at their option, calculate the Finance Board add a provision to codify recommendations for additions to the non-mortgage asset ratio on a monthly a Finance Board regulatory enumerated list of excluded assets. One average basis. Again, the rule is a interpretation (2001–RI–02) that the Bank requested that standby bond transitional provision with a limited Banks may, at their option, calculate the purchase agreements for state housing shelf life. The Finance Board does not non-mortgage asset ratio on a monthly finance agency bonds be excluded from believe that amending the rule is average. Upon consideration of the non-mortgage assets, stating that to do necessary at this late stage in the comments, the Finance Board has so would be consistent with the transition process. Accordingly, the determined that, with one exception, exclusion of standby letters of credit. final rule does not incorporate the The Finance Board has considered the the recommendations would not requested amendment. substantively improve the rule, suggestion and determined that the rule especially in light of the transitional should not be amended to include such As stated, the final rule is a contracts. Such bonds may be counted transitional mechanism. In the interim, 2 The FMP is a Finance Board policy that governs as mortgage assets for purposes of this in the unlikely event that any of these Banks’ investments and other issues of financial rule only at such time as the purchase issues arise, the Finance Board is management. The policy currently is being phased is executed. prepared to address such matters on a out as the Banks transition to their new capital case-by-case basis in a regulatory structures in compmliance with the Finance Another Bank requested that the Board’s new regulations on Bank capital. See 12 accrued interest carried on a Bank’s interpretation or other appropriate CFR parts 930–933. books with respect to assets enumerated regulatory adjudication.
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III. Regulatory Flexibility Act Empowerment Zones and Enterprise terms, necessary liquidity, or favorable The final rule applies only to the and Champion Communities), by pricing required to generate needed Banks, which do not come within the providing or supporting one or more of funding for housing or community meaning of ‘‘small entities,’’ as defined the following activities: development. in the Regulatory Flexibility Act (RFA). (1) Housing; * * * * * (2) Economic development; See 5 U.S.C. 601(6). Therefore, in (3) Community services; Dated: May 8, 2002. accordance with section 605(b) of the (4) Permanent jobs; or By the Board of Directors of the Federal RFA, see id. at 605(b), the Finance (5) Area revitalization or stabilization; Housing Finance Board. Board hereby certifies that this final rule (B) In the case of mortgage-or asset- John T. Korsmo, will not have a significant economic backed securities, the acquisition of Chairman. impact on a substantial number of small which would expand liquidity for loans [FR Doc. 02–12637 Filed 5–20–02; 8:45 am] entities. that are not otherwise adequately BILLING CODE 6725–01–P IV. Paperwork Reduction Act provided by the private sector and do not have a readily available or well The final rule does not contain any established secondary market; and DEPARTMENT OF TRANSPORTATION collections of information pursuant to (C) That involve one or more members the Paperwork Reduction Act of 1995. or housing associates in a manner, Federal Aviation Administration See 44 U.S.C. 3501 et seq. Consequently, financial or otherwise, and to a degree the Finance Board has not submitted to be determined by the Bank; 14 CFR Part 25 any information to the Office of (vi) Investments in SBICs, where one Management and Budget for review. [Docket No. NM211; Special Conditions No. or more members or housing associates 25–200–SC] List of Subjects in 12 CFR Part 966 of the Bank also make a material investment in the same activity; Federal home loan banks, Securities. Special Conditions: Airbus Industrie, (vii) SBIC debentures, the short term Model A340–500/–600 Airplanes; Accordingly, the Finance Board tranche of SBIC securities, or other Ground Loads and Conditions for hereby amends title 12, chapter IX, Code debentures that are guaranteed by the Center Landing Gear With Four Wheels of Federal Regulations as follows: Small Business Administration under and Braking Capability title III of the Small Business Investment PART 966—CONSOLIDATED Act of 1958, as amended (15 U.S.C. 681 AGENCY: Federal Aviation OBLIGATIONS et seq); Administration (FAA), DOT. 1. The authority citation for part 966 (viii) Section 108 Interim Notes and ACTION: Final special conditions. continues to read as follows: Participation Certificates guaranteed by SUMMARY: the Department of Housing and Urban These special conditions are Authority: 12 U.S.C. 1422a, 1422b, and issued for the Airbus Industrie Model 1431. Development under section 108 of the Housing and Community Development A340–500 and –600 airplanes. These 2. Revise § 966.3(a)(2) to read as Act of 1974, as amended (42 U.S.C. airplanes will have a novel or unusual follows: 5308); design feature when compared to the state of technology envisioned in the § 966.3 Leverage limit and credit rating (ix) Investments and obligations requirements. issued or guaranteed under the Native airworthiness standards for transport category airplanes. This design feature (a) * * * American Housing Assistance and Self- is associated with the landing gear, in (2) The aggregate amount of assets of Determination Act of 1996 (25 U.S.C. the form of a four-wheeled center any Bank may be up to 25 times the 4101 et seq.). landing gear, installed under the total paid-in capital stock, retained (x) Securities representing an interest fuselage, which functions like a main earnings, and reserves of that Bank, in pools of mortgages (MBS) issued, landing gear in all respects, including provided that non-mortgage assets, after guaranteed, or fully insured by the the ability to brake. The applicable deducting the amount of deposits and Government National Mortgage airworthiness regulations do not contain capital, do not exceed 11 percent of Association (Ginnie Mae), the Federal adequate or appropriate safety standards such total assets. For the purposes of Home Loan Mortgage Corporation for this design feature. These proposed this section, the amount of non- (Freddie Mac), or the Federal National special conditions contain the mortgage assets equals total assets after Mortgage Association (Fannie Mae), or additional safety standards that the deduction of: Collateralized Mortgage Obligations (i) Advances; (CMOs), including Real Estate Mortgage Administrator considers necessary to (ii) Acquired member assets, Investment Conduits (REMICs), backed establish a level of safety equivalent to including all United States government- by such securities; that established by the existing insured or guaranteed whole single- (xi) Other MBS, CMOs, and REMICs airworthiness standards. family or multi-family residential rated in the highest rating category by a EFFECTIVE DATE: May 10, 2002. mortgage loans; NRSRO; FOR FURTHER INFORMATION CONTACT: Tim (iii) Standby letters of credit; (xii) Asset-backed securities Backman, FAA, ANM–116, Transport (iv) Intermediary derivative contracts; collateralized by manufactured housing Airplane Directorate, Aircraft (v) Debt or equity investments: loans or home equity loans and rated in Certification Service, 1601 Lind Avenue (A) That primarily benefit households the highest rating category by a NRSRO; SW., Renton, Washington, 98055–4056; having a targeted income level, a and telephone (425) 227–2797; facsimile significant proportion of which must (xiii) Marketable direct obligations of (425) 227–1149. benefit households with incomes at or state or local government units or SUPPLEMENTARY INFORMATION: below 80 percent of area median agencies, rated in one of the two highest income, or areas targeted for rating categories by a NRSRO, where the Background redevelopment by local, state, tribal or purchase of such obligations by a Bank On November 14, 1996, Airbus Federal government (including Federal provides to the issuer the customized Industrie applied for an amendment to
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U.S. type certificate (TC) A43NM to 500 and –600 airplanes because of a Discussion of Comments include the new models A340–500 and novel or unusual design feature, special Notice of proposed special conditions –600. These models are derivatives of conditions are prescribed under the No. 25–02–03–SC for the Airbus the A340–300, which is approved under provisions of 14 CFR 21.16. Industrie Model A340–500 and –600 the same TC. In addition to the applicable airplanes was published in the Federal The Model A340–500 fuselage is a 6- airworthiness regulations and special Register on March 20, 2002 (67 FR frame stretch of the Model A340–300 conditions, the Airbus Industrie Model 12903). No comments were received, and is powered by 4 Rolls Royce Trent A340–500 and –600 airplanes must and the special conditions are adopted 553 engines, each rated at 53,000 comply with the fuel vent and exhaust as proposed. pounds of thrust. The airplane has interior seating arrangements for up to emission requirements of 14 CFR part Applicability 375 passengers, with a maximum takeoff 34 and the noise certification requirements of 14 CFR part 36. As discussed above, these special weight (MTOW) of 820,000 pounds. The conditions are applicable to the Airbus Special conditions, as defined in 14 Model 340–500 is intended for long- Model A340–500 and –600 airplanes. range operations and has additional fuel CFR 11.19, are issued in accordance Should Airbus Industries apply at a capacity over that of the Model A340– with § 11.38 and become part of the type later date for a change to the type 600. certification basis in accordance with 14 certificate to include another model The Model A340–600 fuselage is a 20- CFR 21.101(b)(2). incorporating the same novel or unusual frame stretch of the Model A340–300 Special conditions are initially design feature, the special conditions and is powered by 4 Rolls Royce Trent applicable to the model for which they would apply to that model as well 556 engines, each rated at 56,000 are issued. Should the type certificate under the provisions of § 21.101(a)(1). pounds of thrust. The airplane has for that model be amended later to Under standard practice, the effective interior seating arrangements for up to include any other model that date of final special conditions would 440 passengers, with a MTOW of incorporates the same novel or unusual be 30 days after the date of publication 804,500 pounds. design feature, or should any other in the Federal Register; however, as the Type Certification Basis model already included on the same certification date for the Airbus Model Under the provisions of 14 CFR type certificate be modified to A340–500 and A340–600 airplanes is 21.101, Airbus Industrie must show that incorporate the same novel or unusual imminent, the FAA finds that good the Model A340–500 and –600 airplanes design feature, the special conditions cause exists to make these special meet the applicable provisions of the would also apply to the other model conditions effective upon issuance. regulations incorporated by reference in under the provisions of 14 CFR Conclusion TC A43NM or the applicable regulations 21.101(a)(1). This action affects only certain novel in effect on the date of application for Novel or Unusual Design Features the change to the type certificate. The or unusual design features of the center landing gear on the Model A340–500 regulations incorporated by reference in The Airbus Model A340–500 and and A340–600 airplanes. It is not a rule the type certificate are commonly –600 airplanes will incorporate the of general applicability, and it affects referred to as the ‘‘original type following novel or unusual design certification basis.’’ The regulations only the applicant who applied to the feature: a four-wheel center landing gear FAA for approval of these features on incorporated by reference in TC A43NM with braking ability. are 14 CFR part 25 effective February 1, the airplane. 1965, including Amendments 25–1 Discussion List of Subjects in 14 CFR Part 25 through 25–63 and Amendments 25–64, The basic A340 included a two-wheel Aircraft, Aviation safety, Reporting 25–65, 25–66, and 25–77, with certain center landing gear which did not have and recordkeeping requirements. exceptions that are not relevant to these brakes. The purpose of the center The authority citation for these proposed special conditions. landing gear was to assist the main In addition, if the regulations special conditions is as follows: landing gear during ground handling incorporated by reference do not conditions for heavy airplane weights. Authority: 49 U.S.C. 106(g), 40113, 44701, provide adequate standards with respect This center landing gear was not 44702, 44704. to the change, the applicant must intended for energy absorption during comply with certain regulations in effect The Special Conditions landing, even if it could participate in on the date of application for the Accordingly, pursuant to the the impact under certain conditions. change. The FAA has determined that authority delegated to me by the Therefore, to provide additional taxi, the Model A340–500 and –600 airplanes Administrator, the following special takeoff, and landing criteria for this must be shown to comply with conditions are issued as part of the type arrangement, Special Conditions 25– Amendments 25–1 through 25–91,with certification basis for Airbus Model ANM–69 were issued. certain FAA-allowed reversions for A340–500 and A340–600 airplanes. specific part 25 regulations to the part The Model A340–500 and –600 The following special conditions are 25 amendment levels of the original airplanes have a four-wheel center issued in lieu of the previously issued type certification basis. landing gear which functions in all special conditions, ‘‘Ground Load Airbus has also chosen to comply respects like a main landing gear, Conditions for Center Landing Gear,’’ with part 25 as amended by including braking capabilities. Because recorded as item 10 of Special Amendments 25–92, –93, –94, –95, –97, the speeds and weights of the Model Conditions: Airbus Industrie Model –98, and –104. A340–500 and –600 airplanes are A340 Series Airplanes [Docket No. NM– If the Administrator finds that the greater than that of the basic A340, 75, Special Conditions No. 25–ANM– applicable airworthiness regulations redesign of the center landing gear was 69]: (i.e., 14 CFR part 25) do not contain necessary. As a result, the current rules, 1. Ground Load Conditions for Center adequate or appropriate safety standards applying to the original two-wheel Landing Gear. Notwithstanding for the Airbus Industrie Model A340– center landing gear, are inadequate. § 25.477, the requirements of § 25.473
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and §§ 25.479 through 25.485 apply, runway having a convex upward shape (b) In addition to the requirements of except as noted: that may be approximated by a slope of § 25.483, ‘‘One gear landing (a) In addition to the requirements of 1.5 percent at main landing gear conditions,’’ the condition represented § 25.473, ‘‘Landing load conditions and stations. The maximum loads by Figure 1 also applies: assumptions,’’ and § 25.479, ‘‘Level determined from these two conditions BILLING CODE 4910–13–P landing conditions,’’ landing should be must be applied to each main landing considered on a level runway and on a gear and to the center landing gear.
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BILLING CODE 4910–13–C
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(c) In lieu of the requirements of These loads are assumed to be applied into account the behavior of the braking § 25.485, ‘‘Side load conditions,’’ the at the ground contact point and to be system. Failure conditions of the following apply: resisted by the inertia of the airplane. braking system not shown to be (1) The airplane is considered to be in The drag loads may be assumed to be extremely improbable must be analyzed the level attitude with only the main zero. in accordance with the following and center wheels contacting the (d) In addition to § 25.489, ‘‘Ground criteria: ground. handling conditions,’’ the airplane (1) At the time of occurrence. A (2) Vertical reactions of one-half of the should be considered to be on a level realistic scenario, including pilot maximum vertical reaction obtained at runway and on a runway having a corrective actions, must be established each main and center gear in the level convex upward shape that may be to determine the loads occurring at the landing conditions should be approximated by a slope of 1.5 percent time of failure and immediately after considered. The vertical loads must be at main landing gear stations. The failure. combined with side loads as follows: for ground reactions must be distributed to (i) For static strength substantiation, the main gear, 0.8 of the vertical the individual landing gear units in a these loads multiplied by an appropriate reaction (on one side) acting inward and rational or conservative manner. factor of safety that is related to the 0.6 of the vertical reaction (on the other (e) In addition to the requirements of probability of occurrence of the failure side) acting outward; for the center gear, § 25.493(d), ‘‘Braked roll conditions,’’ are ultimate loads to be considered for 0.7 of the vertical reaction acting in the the sudden application of maximum design. The factor of safety (F.S.) is same direction as main gear side loads. braking effort must be defined taking defined in Figure 2 as follows:
(ii) For residual strength analysis shows the probability of these remaining system. The flightcrew must substantiation, the airplane must be able failure conditions to be less than 10¥9, be made aware of these failures before to withstand two thirds of the ultimate criteria other than those specified in this flight. Certain elements of the control loads defined in paragraph (e)(1)(i). paragraph may be used for structural system, such as mechanical and (iii) Failures of the system that result substantiation to show continued safe hydraulic components, may use special in forced structural vibrations flight and landing. periodic inspections, and electronic (oscillatory failures) must not produce (3) Warning considerations. For components may use daily checks, in loads that could result in detrimental system failure detection and warning, lieu of warning systems to achieve the deformation of primary structure. the system must be checked for failure objective of this requirement. These (2) Consideration of certain failure conditions, not extremely improbable, certification maintenance requirements conditions may be required by other that degrade the structural capability must be limited to components that are sections of part 25, regardless of below the level required by part 25 or not readily detectable by normal calculated system reliability. Where significantly reduce the reliability of the warning systems and where service
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history shows that inspections will must be met for the dispatched limitations must be such that the provide an adequate level of safety. condition and for subsequent failures. probability of being in this combined (4) Dispatch with known failure Flight limitations and expected failure state and then subsequently conditions. If the airplane is to be operational limitations may be taken encountering limit load conditions is dispatched in a known system failure into account in establishing Qj as the extremely improbable. No reduction in condition that affects structural combined probability of being in the these safety margins is allowed if the performance, or affects the reliability of dispatched failure condition and the subsequent system failure rate is greater the remaining system to maintain subsequent failure condition for the than 10¥3 per hour. Figure 3 follows: structural performance, then the safety margins in Figure 3. These provisions of these special conditions BILLING CODE 4910–13–P
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BILLING CODE 4910–13–C
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(f) In lieu of the requirements of Issued in Renton, Washington, on May 10, elsewhere has been granted. Customs § 25.495, ‘‘Turning,’’ the following 2002. officers are assigned to all international apply: Ali Bahrami, airports to accept entries of (1) The airplane is assumed to execute Acting Manager, Transport Airplane merchandise, collect duties and enforce Directorate, Aircraft Certification Service. a steady turn by nose gear steering, or the customs laws and regulations. Other than making an emergency or by application of sufficient differential [FR Doc. 02–12608 Filed 5–20–02; 8:45 am] BILLING CODE 4910–13–P forced landing, if a civil aircraft desires power, so that the limit load factors to land at an airport not designated by applied at the center of gravity are 1.0 Customs as an international airport, the vertically and 0.5 laterally. DEPARTMENT OF THE TREASURY pilot may request permission to land at (2) The airplane must be designed for a specific airport. If permission is the condition prescribed in paragraph Customs Service granted, Customs will assign personnel (f)(1), taking into account: to that airport for the aircraft. The (i) The effects of tire characteristics on 19 CFR Part 122 airport where the aircraft is permitted to land is called a landing rights airport the sharing of lateral loads on each tire [T. D. 02–27] of the landing gear system, and (19 CFR 122.14). Section 236 of Pub. L. 98–573 (the New User Fee Airport (ii) The effect of airframe and landing Trade and Tariff Act of 1984), codified gear flexibility on the sharing of loads AGENCY: Customs Service, Department at 19 U.S.C. 58b, created an option for on the different legs of the landing gear of the Treasury. civil aircraft desiring to land at an system. ACTION: Final rule. airport other than an international or (g) In lieu of the requirements of landing rights airport. A civil aircraft § 25.503, ‘‘Pivoting,’’ the following SUMMARY: This document amends the arriving from a place outside of the apply: Customs Regulations to reflect the United States may ask Customs for establishment of a new user fee airport permission to land at an airport (1) The main and center gear units in Dallas, Texas. A user fee airport is designated by the Secretary of the and supporting structure must be one which, while not qualifying for Treasury as a user fee airport. designed for the scrubbing or torsion designation as an international or Pursuant to 19 U.S.C. 58b, an airport loads, or both, induced by pivoting landing rights airport, has been may be designated as a user fee airport during ground maneuvers produced by: approved by the Commissioner of if the Secretary of the Treasury (i) Towing at the nose gear, no brakes Customs to receive, for a fee, the determines that the volume of Customs applied, and services of a Customs officer for the business at the airport is insufficient to justify the availability of Customs (ii) Application of symmetrical or processing of aircraft entering the services at the airport and the governor unsymmetrical forward thrust to aid United States and their passengers and cargo. of the state in which the airport is pivoting and with or without braking by located approves the designation. EFFECTIVE DATE: May 21, 2002. pilot action on the pedals. Generally, the type of airport that would (2) The airplane is assumed to be in FOR FURTHER INFORMATION CONTACT: seek designation as a user fee airport static equilibrium, with the loads being Nancy Bruner, Mission Support, Office would be one at which a company, such applied at the ground contact points. of Field Operations, (202) 927–2290. as an air courier service, has a (3) The limit vertical load factor must SUPPLEMENTARY INFORMATION: specialized interest in regularly landing. As the volume of business anticipated be 1.0, and: Background at this type of airport is insufficient to (i) For wheels with locked brakes Part 122, Customs Regulations (19 justify its designation as an applied by pilot action on the pedals, CFR part 122), sets forth regulations that international or landing rights airport, the coefficient of friction must be 0.8. are applicable to all international air the availability of Customs services is (ii) For wheels with brakes not commerce relating to the entry and not paid for out of the Customs applied, the ground tire reactions must clearance of aircraft and the appropriations from the general treasury be based on reliable tire data. transportation of persons and cargo by of the United States. Instead, the aircraft. (4) The failure conditions must be services of Customs officers are Under § 1644a, Title 19, United States analyzed in accordance with paragraph provided on a fully reimbursable basis Code (19 U.S.C. 1644a), the Secretary of (e) of these Special Conditions. to be paid for by the user fee airport on the Treasury is authorized to designate behalf of the recipients of the services. (h) In lieu of paragraph (b) of § 25.723 places in the United States as ports of The fees which are to be charged at ‘‘Shock absorption tests,’’ the center entry for civil aircraft arriving from any user fee airports, according to the landing gear should not fail in a test place outside of the United States, and statute, shall be paid by each person demonstrating its reserve energy for merchandise carried on the aircraft. using the Customs services at the airport absorption capacity at design landing These airports are referred to as and shall be in the amount equal to the weight, assuming airplane lift no greater international airports, and the location expenses incurred by the Secretary of than the airplane weight acting during and name of each are listed in § 122.13, the Treasury in providing Customs a 12-feet-per-second airplane landing Customs Regulations (19 CFR 122.13). services which are rendered to such impact, taking into account both main In accordance with § 122.33, Customs person at such airport, including the and center gear acting during the Regulations (19 CFR 122.33), the first salary and expenses of those employed impact. Landing should be considered landing of every civil aircraft entering by the Secretary of the Treasury to on a level runway or a runway having the United States from a foreign area provide the Customs services. To a convex upward shape that may be must be at one of these international implement this provision, generally, the approximated by a slope of 1.5 percent airports, unless the aircraft has been airport seeking the designation as a user with the horizontal at main landing gear specifically exempted from this fee airport of that airport’s authority stations, whichever is the most critical. requirement or permission to land agrees to pay Customs a flat fee annually
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and the users of the airport are to However, personnel from other offices For information on eligibility or filing reimburse that airport/airport authority. participated in its development. for benefits, call our national toll-free The airport/airport authority agrees to number, 1–800–772–1213 or TTY 1– List of Subjects in 19 CFR Part 122 set and periodically to review its 800–325–0778, or visit our Internet web charges to ensure that they are in accord Air carriers, Aircraft, Airports, site, Social Security Online, at with the airport’s expenses. Customs Duties and Inspection, Freight. www.ssa.gov. Pursuant to Treasury Department Amendment to the Regulations Order No. 165, Revised (Treasury SUPPLEMENTARY INFORMATION: Decision 53564), all the rights, Part 122, Customs Regulations (19 Background privileges, powers and duties vested in CFR part 122) is amended as set forth the Secretary of the Treasury by the below. The final regulations that are the Tariff Act of 1930, as amended, by the subject of these corrections affect navigation laws, or by any other laws PART 122—AIR COMMERCE disability determinations and decisions administered by Customs, are REGULATIONS we make for individuals under title II transferred to the Commissioner of 1. The authority citation for part 122 and title XVI of the Social Security Act. Customs. Accordingly, the authority continues to read as follows: In addition, to the extent that Medicare and Medicaid eligibility are based on granted to the Secretary of the Treasury Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, to designate user fee airports and to entitlement to benefits under title II and 1433, 1436, 1448, 1459, 1590, 1594, 1623, eligibility for benefits under title XVI, determine appropriate fees is delegated 1624, 1644, 1644a. to the Commissioner of Customs. these corrections would also affect the 2. The listing of user fee airports in Medicare and Medicaid programs. Under this authority, Customs has § 122.15(b) is amended by adding, in determined that certain conditions must alphabetical order, in the ‘‘Location’’ Need for Correction be met before an airport can be column, ‘‘Dallas, Texas’’ and by adding As published, the final regulations designated as a user fee airport. At least on the same line, in the ‘‘Name’’ inadvertently did not update the cross- one full-time Customs officer must be column, ‘‘McKinney Municipal references in listings 111.07A and requested, and the airport must be Airport’’. responsible for providing Customs with 111.08A of part B of the listings to satisfactory office space, equipment and Robert C. Bonner, reflect the new musculoskeletal listings supplies, at no cost to the Federal Commissioner of Customs. criteria. The cross-references in current Government. Approved: May 16, 2002. listings 111.07A and 111.08A are to Thirty-six airports are currently listed Timothy E. Skud, listings 101.03 or 111.06. To reflect the in § 122.15, Customs Regulations, as Deputy Assistant Secretary of the Treasury. revised musculoskeletal listings, the user fee airports. This document revises [FR Doc. 02–12645 Filed 5–20–02; 8:45 am] correct cross-references should be to the list of user fee airports. It adds listings 101.02 or 111.06. BILLING CODE 4820–02–P McKinney Municipal Airport, in Dallas, List of Subjects in 20 CFR Part 404 Texas, to this listing of designated user Administrative practice and fee airports. SOCIAL SECURITY ADMINISTRATION procedure, Blind, Disability benefits, Inapplicability of Public Notice and Old-Age, Survivors, and Disability Delayed Effective Date Requirements 20 CFR Part 404 Insurance, Reporting and recordkeeping Because this amendment merely [Regulation No. 4] requirements, Social Security. updates the list of user fee airports RIN 0960–AB01 Accordingly, 20 CFR part 404, designated by the Commissioner of Subpart P, is corrected by making the Customs in accordance with 19 U.S.C. Revised Medical Criteria for following correcting amendments: 58b and neither imposes any additional Determination of Disability, burdens on, nor takes away any existing Musculoskeletal System and Related PART 404—FEDERAL OLD-AGE, rights or privileges from, the public, Criteria; Correction SURVIVORS AND DISABILITY pursuant to 5 U.S.C. 553 (b)(B), notice INSURANCE (1950–) and public procedure are unnecessary, AGENCY: Social Security Administration. and for the same reasons, pursuant to 5 ACTION: Correcting amendments. 1. The authority citation for subpart P U.S.C. 553(d)(3) a delayed effective date SUMMARY: This document contains of part 404 continues to read as follows: is not required. corrections to the final regulations that Authority: Secs. 202, 205(a), (b), and (d)– Regulatory Flexibility Act and were published in the Federal Register (h), 216(i), 221(a) and (i), 222(c), 223, 225, Executive Order 12866 of Monday, November 19, 2001 (66 FR and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), Because no notice of proposed 58010). The regulations revised the criteria in our Listing of Impairments 421(a) and (i), 422(c), 423, 425, and rulemaking is required for this final 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 rule, the provisions of the Regulatory (the listings) that we use to evaluate Stat. 2105, 2189. musculoskeletal impairments in adults Flexibility Act (5 U.S.C. 601 et seq.) do 2. Revise the introductory text and not apply. Agency organization matters and children. DATES: Effective on February 19, 2002. paragraph A. in listings 111.07 and such as this amendment are exempt 111.08 of Part B of appendix 1 of FOR FURTHER INFORMATION CONTACT: from consideration under Executive Subpart P of part 404 to read as follows: Order 12866. Suzanne DiMarino, Social Insurance Specialist, Office of Process and Appendix 1 to Subpart P of Part 404— Drafting Information Innovation Management, Social Security Listing of Impairments {Amended} The principal author of this document Administration, 2109 West Low Rise * * * * * was Janet L. Johnson, Regulations Building, 6401 Security Boulevard, Branch, Office of Regulations and Baltimore, Maryland 21235–6401, (410) Part B Rulings, U.S. Customs Service. 965–1769 or TTY (410) 966–5609. * * * * *
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111.01 Category of Impairments, I. Background expected to be ready to accept new Neurological In 1997, FDAMA amended section FCNs on January 18, 2000, and * * * * * 409 of the Federal Food, Drug, and requested that those persons with a 111.07 Cerebral Palsy. With: Cosmetic Act (the act) (21 U.S.C 348) to pending submission for approval of an A. Motor dysfunction meeting the FCS under active review contact FDA requirements of 101.02 or 111.06; or establish a premarket notification process as the primary method for prior to withdrawing such submission * * * * * authorizing new uses of food additives and converting it to an FCN. After 111.08 Meningomyelocele (and related that are FCSs. In the proposed rule, October 25, 1999, FDA began working disorders). With one of the following despite with the food packaging industry to prescribed treatment: published in the Federal Register of July 13, 2000 (65 FR 43269) (hereinafter convert these pending submissions A. Motor dysfunction meeting the 1 referred to as the July 2000 proposal), under FDA review to FCNs. requirements of 101.02 or 111.06; or In the Federal Register of November FDA referred to a premarket notification * * * * * 12, 1999 (64 FR 61648), FDA published for a food contact substance as a ‘‘PMN’’ a notice announcing the availability of Georgia E. Myers, and the process of premarket a draft guidance on the chemistry and SSA Regulations Officer. notification for such substances as the toxicology information that should be [FR Doc. 02–12553 Filed 5–20–02; 8:45 am] ‘‘PMN process.’’ This document refers to included in an FCN. In the November a premarket notification for a food BILLING CODE 4191–02–P 12, 1999, notice FDA requested contact substance as an ‘‘FCN’’ and to comments on the guidance documents the process as the food contact and on the information collection notification (FCN) process. This change burden associated with the FCN DEPARTMENT OF HEALTH AND responds to a request from the HUMAN SERVICES program. comments (see section II.H of this In addition, FDA published a direct document). A ‘‘food contact substance’’ Food and Drug Administration final rule in the Federal Register of May is defined in section 409(h)(6) of the act 11, 2000 (65 FR 30352), that amended as ‘‘any substance intended for use as a the agency’s regulations on 21 CFR Parts 20, 58, 170, 171, 174, and component of materials used in 179 environmental impact considerations to manufacturing, packing, packaging, permit manufacturers or suppliers to transporting, or holding food if such use [Docket No. 99N–5556] claim in FCNs the categorical exclusions is not intended to have any technical currently applicable to FAPs and TOR effect in such food.’’ The FDAMA exemption requests. The regulations in RIN 0910–AB94 amendments and their legislative the May 11, 2000, direct final rule history make clear that the FCN process Food Additives: Food Contact became effective on August 24, 2000. is to be the preferred process for Substance Notification System Finally, in the July 2000 proposal (65 authorizing new uses of food additives FR 43377), the agency proposed AGENCY: Food and Drug Administration, that are FCSs. Specifically, section regulations to implement the FCN HHS. 409(h)(3)(A) of the act states that the process and announced the availability ACTION: Final rule. FCN process shall be utilized for of an administrative guidance document authorizing the marketing of food concerning the FCN process. SUMMARY: The Food and Drug additives that are FCSs except where the II. Comments on the Proposed Rule Administration (FDA) is amending the Secretary of Health and Human Services food additive regulations regarding the determines that the submission and The agency provided 75 days for premarket notification process for food review of a FAP is necessary to provide comment on the proposed rule. FDA contact substances (FCSs) established by adequate assurance of safety, or where received comments from three trade the Food and Drug Administration FDA and any manufacturer or supplier associations representing the food Modernization Act (FDAMA) of 1997. agree that a petition may be submitted. packaging industry. In general, the The notification process is the primary (See S. Rept. No. 105–43, 105th Cong., comments supported the proposal. They method for authorizing new uses of food 1st sess. 46 (1997); H. Rept. 105–306, also raised issues specific to the draft additives that are FCSs. FDA is 105th Cong., 1st sess. 19 (1997).) FDA administrative guidance document codifying regulations that identify the expects most new uses of FCSs that announced with the proposed rule in circumstances under which a food previously would have been regulated the July 13, 2000, issue of the Federal additive petition (FAP) will be required by issuance of a listing regulation in Register (65 FR 43377) and the draft to authorize the use of an FCS; specify response to an FAP or would have been chemistry and toxicology guidance the information required in a exempted from the requirement of a documents announced in the Federal notification for an FCS; describe the regulation under the threshold of Register of November 12, 1999 (64 FR administration of the notification regulation (TOR) process (21 CFR 61648 ). In accordance with FDA’s good process; and establish the procedure by 170.39) will be the subject of FCNs. guidance practice (GGP) regulations (21 which the agency may deem a The FCN program began operating on CFR 10.115), such comments have been notification to be no longer effective. October 22, 1999, with the signing of addressed by modification of the final DATES: This rule is effective June 20, FDA’s Fiscal Year 2000 budget. This toxicology and chemistry guidance 2002. budget met the requirements under documents announced in the Federal section 409(h)(5) of the act for funding Register of April 11, 2002 (67 FR FOR FURTHER INFORMATION CONTACT: the FCN program. On October 25, 1999, 17703), and in FDA’s revised Mitchell A. Cheeseman, Center for Food FDA sent letters to trade associations Safety and Applied Nutrition (HFS– and persons with pending submissions 1Between October 25, 1999, and December 31, 205), Food and Drug Administration, (i.e., a food additive petition or a TOR 2000, FDA and industry converted 58 FAPs and 19 5100 Paint Branch Pkwy., College Park, TOR submissions to FCNs. FDA currently lists exemption request) under active review those FCNs that have become effective on its MD 20740, 202–418–3083. by the agency to authorize use of an Internet site at http://www.cfsan.fda.gov/∼dms/opa- SUPPLEMENTARY INFORMATION: FCS. The letter stated that FDA fcn.html.
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administrative guidance document, the receipt of a complete FCN and not on that a completed and signed FDA Form availability of which is published the date the FCN is accepted. 3480 be included in an FCN. FDA Form elsewhere in this issue of the Federal (Comment 2) All three comments 3480 requires that manufacturers or Register. Comments also requested that requested that FDA clarify that the suppliers list summary toxicology FDA clarify several specific issues in the requirements in proposed § 170.101(c) information on the FCS and its proposal. These issues and FDA’s regarding compliance with FDA’s good constituents. In addition, the comments responses follow. laboratory practice regulations in part noted, the draft guidance on toxicology (Comment 1) Two of the comments 58 (21 CFR part 58) do not apply to information in an FCN advises that were concerned with the language in analytical testing (e.g., migration notifiers (i.e., manufacturers and proposed § 170.104(b) describing FDA’s testing). The comments noted that suppliers) should provide a initial review of an FCN submission. analytical testing had not been comprehensive toxicological profile for Proposed § 170.104(b) reads: ‘‘In order previously required to comply with part the FCS and its constituents. The for the 120-day review period to begin 58. One comment requested that FDA comments expressed uncertainty about FDA must accept that notification.’’ The make this clarification by explicitly the level of detail required in FDA Form comments expressed the opinion that referencing the definition of nonclinical 3480. The comments noted that the draft the language in proposed § 170.104(b) laboratory studies in § 58.3. toxicology guidance document appeared could be read to mean that the 120-day FDA agrees that, historically, it has to request that some of the same review period for the FCN does not not applied its good laboratory practice information be included in both the begin until after FDA ‘‘accepts’’ the regulations to analytical testing such as comprehensive toxicology profile and submission as an FCN. These comments migration testing. Therefore, FDA is the safety narrative, as is required in referenced the language in section revising § 170.101(c) to explicitly FDA Form 3480. Thus, a notifier might 409(h)(2)(A) of the act that states that a reference the definition of nonclinical have to list the same information in two ‘‘* * * notification submitted under laboratory studies in § 58.3(d). sections of a notification. paragraph (1) shall become effective 120 (Comment 3) All three comments FDA has revised FDA Form 3480 (Ref. days after the date of receipt by the requested that FDA make it clear that 1) to minimize duplication of effort in Secretary***.’’ FCNs are required only for FCSs that are developing the toxicology package for FDA agrees with these comments that food additives. The comments FCNs. FDA also has revised its guidance the 120-day review period for the FCN referenced a statement in the preamble documents to assist manufacturers and runs from the date of receipt of a of the July 2000 proposal (65 FR 43269 suppliers in completing FDA Form complete notification. The purpose of at 43274) that reads as follows 3480. Published elsewhere in this issue § 170.104(b) is to provide FDA with an ‘‘* * * Under section 409(a) of the act, of the Federal Register, FDA is opportunity to determine whether the in the absence of an effective announcing the availability of submission is a complete notification notification an FCS cannot be legally administrative, chemistry, and and to ensure that FDA would not be marketed.’’ One of the comments toxicology guidance documents. required to review or object to an requested that FDA revise the (Comment 5) One comment requested incomplete FCN. The following are referenced language to read as follows: that FDA make mandatory the issuance examples of how FDA’s initial review of ‘‘Under section 409(a) of the act, in the by the agency of a final letter for FCNs FCN submissions has operated thus far absence of an effective notification, an that become effective. The comment and how FDA expects its initial review FCS that is a food additive cannot be argued that the listing of notifications in of FCNs to proceed in the future. FDA legally marketed.’’ FDA’s inventory of effective expects to determine whether an FCN is FDA agrees with the comments that notifications on the agency’s Internet complete and reviewable within 30 days FCNs are required only for those FCSs site may not be adequate to inform after receipt of a submission. If FDA that are food additives as defined by interested persons regarding the status finds that an FCN is complete and section 201(s) of the act (21 U.S.C. of an FCN. In addition, the comment reviewable as received, then FDA will 321(s)). FDA intended the referenced contended that listing of notifications accept the FCN and the 120-day review statement to clarify that in cases where on FDA’s Internet site may not be period will continue to run from the FDA objects to an FCN, the FCN cannot completed in a timely manner. date of receipt of the FCN. However, if become effective. Because the language FDA disagrees with this comment. FDA determines that, as submitted, an referred to was not in the codified The statute does not require FDA to FCN is incomplete, the agency will portion of the proposed regulation, the issue a letter at the conclusion of the request additional information from the agency is taking no further action in review of an FCN. Indeed, no action is manufacturer or supplier. If the response to these comments. required by FDA for an FCN to become information is submitted before FDA FDA also believes, however, that the effective. FDA believes that issuance of issues a nonacceptance letter, FDA will language suggested by one comment is final letters for effective FCNs has some accept the now complete FCN, and the misleading because it implies that FCSs value, but FDA is concerned that the 120-day review period begins on the are authorized only through the FCN issuance of such letters may consume date of receipt of the additional process. Although the FCN process is limited resources that are necessary to information. If the required additional the primary means for authorizing new complete a timely review of FCNs. information is not submitted, and the uses of FCSs, some new uses of FCSs Therefore, FDA is denying the request to FCN is not withdrawn, FDA will issue still will be authorized through the require the agency to issue a final letter a nonacceptance letter. Issuance of the petition process in section 409(b) of the for effective notifications. However, as nonacceptance letter will complete the act. noted above, FDA has been reviewing review of the FCN submission. (Comment 4) All three comments FCNs since the program began operating In any case, the date of receipt of the requested that FDA clarify the and, since that time, FDA has complete FCN is the date of receipt for relationship of FDA Form 3480 to the consistently issued final letters and the purposes of section 409(h)(2) of the recommendations in the agency’s draft listed effective notifications on its act. FDA is revising the language in guidance documents for FCNs. The Internet site in a timely manner. § 170.104(b) to clarify that the 120-day comment noted that adopting Accordingly, FDA expects to continue review period begins on the date of § 170.101(e), as proposed, would require to issue final letters as long as the
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resources necessary to do so do not this comment are outside the scope of regulations. Because no comments were prevent timely review of FCNs. the proposal. Currently, FDA requires received relating to the remaining (Comment 6) One comment requested any subsequent manufacturer who regulations included in the July 2000 that FDA provide an opportunity for a wishes to market an FCS for a use that proposal, FDA is finalizing those company to notify the agency of any is the subject of an already effective regulations as proposed with only minor change in name or corporate structure FCN to submit a notification to FDA. In editorial changes. Listed below are the subsequent to its filing of an FCN. The addition, the manufacturer identified in revisions that are being incorporated comment also requested that FDA an effective FCN may authorize other into this final rule, based on the establish a procedure whereby FDA manufacturers to reference information comments received in response to the would change the name of the contained in the effective FCN. Thus, proposal: manufacturer in the listing of the FCN other manufacturers may have to 1. FDA is replacing the term on FDA’s Internet site and reissue the provide only limited additional ‘‘notifier’’ with the term ‘‘manufacturer final letter for the FCN with the new information in subsequent FCNs but or supplier’’ throughout the regulations company’s name. they must notify FDA separately and to correspond with the language in The agency agrees in part with this wait 120 days for their FCN to become section 409(h) of the act. comment. Under § 170.100(d), effective. However, FDA is interested in 2. FDA is revising the language in manufacturers or suppliers are required hearing the views of other interested § 170.101(c) to reference the definition to keep on file with FDA an address at parties on this issue. Therefore, of nonclinical laboratory studies in which FDA may contact the elsewhere in this issue of the Federal § 58.3(d) to clarify that 170.101(c) does manufacturer or supplier regarding the Register, FDA is publishing an not apply to analytical testing to notification. FDA already had one advanced notice of proposed determine the functionality or to experience with the sale of the rulemaking requesting comments on the determine physical or chemical manufacturing unit of a notified FCS issue of transferability of FCNs. characteristics of the test article. from one company to another. In that (Comment 8) All three comments 3. FDA is revising the language in case, the original manufacturer verified requested FDA to replace the § 170.104(b) to clarify that the 120-day the sale and FDA changed the name of abbreviation ‘‘PMN’’ with ‘‘FCN’’ to review period for an FCN begins on the the manufacturer in the listing for the represent a premarket notification for a date FDA receives the complete FCN. FCN on the agency’s Internet site. FDA food contact substance (also called a Thus, where FDA receives an did not, however, reissue the final letter. Food Contact Notification). The incomplete FCN, the 120-day review FDA believes that reissuing final letters comments argued that this change will period begins when FDA receives the would be an ineffective use of its avoid confusing a premarket notification missing information. limited resources. Therefore, FDA will for a food contact substance with a 4. FDA is replacing the acronym not reissue an updated final letter when ‘‘PMN’’ submitted to the U.S. ‘‘PMN’’ with ‘‘FCN’’ to refer to a the manufacturer or supplier of the FCN Environmental Protection Agency premarket notification for a food contact changes. FDA has included guidance on (EPA). substance (also known as a Food the above procedure in ‘‘Preparation of FDA already made this change in the Contact Notification). FDA is using the Premarket Notifications for Food operation of the FCN program, acronym FCN throughout this document Contact Substances: Administrative throughout this document, and where and in the codified regulations. Recommendations,’’ the availability of appropriate in the codified regulations. 5. In § 170.100(a)(2) FDA is replacing which is announced elsewhere in this FDA also made other nonsubstantive the word ‘‘should’’ with ‘‘must.’’ issue of the Federal Register. editorial changes in the regulations. FDA also is revising the language in (Comment 9) In § 170.100(a)(2), FDA IV. Paperwork Reduction Act of 1995 all the regulations to replace the word is replacing the word ‘‘should’’ with This final rule contains information ‘‘notifier’’ with the words ‘‘must.’’ FDA is making this change to collection provisions that are subject to ‘‘manufacturer or supplier.’’ FDA be consistent with the description of the review by the Office of Management and believes ‘‘manufacturer or supplier’’ is provision in the proposed rule. In the Budget (OMB) under the Paperwork more appropriate because it is the term preamble of the proposed rule, the Reduction Act of 1995 (44 U.S.C. 3501– used in section 409(h) of the act. agency stated that it would permit a 3520). The title, description, and (Comment 7) One comment requested manufacturer or supplier to incorporate respondent description of the that FDA clarify its position on the issue by reference information in FDA’s files information collection provisions are of transferability of FCNs. Specifically, where the submitter of the information shown below with an estimate of the the comment requests that FDA has given the notifier permission to annual reporting burden. Included in establish regulations to permit a reference the information (65 FR 43269 the estimate is the time for reviewing manufacturer identified in an effective at 43271). Requiring the manufacturer or instructions, searching existing data FCN to transfer the rights granted under supplier to establish that it has sources, gathering and maintaining the an effective notification. The comment permission to incorporate certain data needed, and completing and contended that licensing the information by reference also is reviewing each collection of manufacture of an FCS would maintain consistent with standard FDA practice information. the safety of the FCS because it would on incorporation by reference. (See 21 Title: Food Contact Substances continue to be manufactured in the CFR 171.1(f); 21 CFR 314.420(d); 21 CFR Notification System. manner reviewed by the agency. 571.1(f); 21 CFR 814.20(c).) Description: Section 409(h) of the act At the time of the proposal, FDA did establishes a premarket notification not contemplate regulations to permit a III. Summary and Conclusions process for FCSs. Section 409(h)(6) of subsequent manufacturer other than the The comments received in response to the act defines a ‘‘food contact manufacturer identified in the FCN to the July 2000 proposal requested substance’’ as ‘‘any substance intended produce and market the FCS under that changes to the proposed language in for use as a component of materials used FCN and did not discuss such §§ 170.101(c) and 170.104(b). In in manufacturing, packing, packaging, regulations in the proposed rule. Thus, addition, FDA is revising certain transporting, or holding food if such use FDA believes that the issues raised in language throughout the proposed is not intended to have any technical
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effect in such food.’’ Section 409(h)(3) of the general safety standard for food comment in the November 12, 1999 (64 the act requires that the notification additives, the data in an FCN should be FR 61648 at 61649), notice and Form process be used for authorizing the comparable to the data in an FAP. FDA 3479 available for public comment in marketing of FCSs except where FDA is issuing regulations necessary to the July 2000 proposal (65 FR 43269 at determines that the submission and implement the FCN program that will 43277). FDA believes that these forms premarket review of an FAP under largely replace the FAP process for will facilitate both preparation and section 409(b) of the act is necessary to those food additives that are FCSs. review of notifications because the provide adequate assurance of safety or Also, FDA is requiring that an FCN forms will serve to organize information include FDA Form 3480 entitled where FDA and the manufacturer or necessary to support the safety of the ‘‘Notification for New Use of a Food supplier agree that a petition should be use of the FCS. The burden of filling out Contact Substance’’ (Ref. 1) and is the appropriate form has been included submitted. Section 409(h)(1) of the act requiring that a notification for a food requires that a notification include in the burden estimate for the contact substance formulation (NFCSF) notification. information on the identity and the include FDA Form 3479 entitled intended use of the FCS and the basis ‘‘Notification for a Food Contact Description of Respondents: for the manufacturer’s or supplier’s Substance Formulation’’ (Ref. 2). These Manufacturers of food contact determination that the FCS is safe under forms will serve to summarize pertinent substances. the intended conditions of use. Because information in the notification. FDA FDA estimates the burden of this section 409(h)(1) of the act references made Form 3480 available for public collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Form Respondents per Response Responses Response Total Hours
170.1062 FDA 3479 200 4 800 2 1,600
170.1013,7 FDA 3480 200 1 200 25 5,000
170.1014,7 FDA 3480 55 2 110 120 13,200
170.1015,7 FDA 3480 45 2 90 150 13,500
107.1016,7 FDA 3480 16 1 16 150 2,400
Total 35,700 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Notifications for a food contact substance formulation. These notifications require only FDA Form 3479 (‘‘Notification for a Food Contact Sub- stance Formulation’’) to be filled out and documentation attached. 3 Duplicate notifications for uses of FCSs. 4 Notifications for uses that currently would be the subject of exemptions under 21 CFR 170.39 or very simple FAPs. 5 Notifications for uses that currently would be the subject of moderately complex FAPs. 6 Notifications for uses that currently would be the subject of more complex FAPs. 7 These notifications require the submission of FDA Form 3480 (‘‘Notification for New Use of a Food Contact Substance’’).
The above estimate is based on the manufacturer or supplier filling out requirements contained in the rule. In types of submissions that FDA currently FDA Form 3480, verifying that a addition, FDA shall address any issues receives for food contact substances in previous notification is effective, and related to reducing duplication between the TOR and the FAP processes and the preparing necessary documentation. FDA and EPA related to this collection.’’ • Based on the amount of data following assumptions and information: FDA received no comments on the • FDA estimates that the likely typically submitted in FAPs and TOR information collection requirements in increase in FCNs over the number of requests, FDA identified three other FAPs and TOR requests will be tiers of FCNs that represent escalating the proposed rule. FDA continues to approximately four times the highest levels of burden required to collect work with EPA and the U.S. Department recent annual influx of these information. of Agriculture (USDA) to eliminate areas submissions (50 and 54, respectively). • FDA estimated the median number of duplicative data collection and This factor is based on an analysis of the of hours necessary for collecting evaluation. Within the past 2 years number of companies producing various information for each type of notification USDA has eliminated its separate types of FCSs and the types of FCSs for within each of the three tiers based on approval process for components of which FAPs and TORs most commonly input from industry sources. food contact materials that duplicated are submitted to FDA. In the July 2000 proposal (65 FR FDA’s process. In addition, the Food • Based on input from industry 43269 at 43276), the agency requested Quality Protection Act of 1996 gave sole sources, FDA estimates that the agency comments on the proposed collection of jurisdiction to EPA for certain will receive approximately 800 information. On October 3, 2000, OMB substances formerly regulated by FDA notifications annually for food contact filed comment on the information as food additives and by EPA as substance formulations. collection provisions, assigning OMB pesticide chemicals. Currently, there is • FDA also has included 200 expected control number 0910–0447. OMB’s no significant duplication of data duplicate submissions in the second comments stated that, ‘‘FDA shall collection and evaluation for food lowest tier. FDA expects that the burden evaluate the contents of this collection contact substances among Federal for preparing these notifications in light of any comments received agencies with jurisdiction. In addition, primarily will consist of the regarding the information collection to avoid unnecessary duplication for
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individual submissions, existing data FDA estimates that the social benefits additional cost. The drawback is that will be used whenever possible by FDA of the change in regime will be from small firms could copy and distribute in evaluating notifications for food new product innovation. The agency themselves the substances being contact substances. estimates that four times the current reviewed in response to the marketing FDA submitted the information annual number of petitions and submission of a competitor, thus, collection provisions of this final rule to threshold of regulation exemptions will creating disincentives for new substance OMB for review. Prior to the effective be introduced into the market, for a total development by rival firms. date of this final rule, FDA will publish of 416. The social costs from the change 4. Description of Recordkeeping and a notice in the Federal Register in regimes are the costs to submit announcing OMB’s decision to approve, duplicate notifications. The agency Reporting modify, or disapprove the information estimates that 50 percent of the total will be duplicates for a total social cost There are no additional recordkeeping collection provisions in this final rule. requirements for the final rule. An agency may not conduct or sponsor, of $26,387,500. For a full explanation of and a person is not required to respond the estimated costs and benefits of this 5. Summary to, a collection of information unless it final rule, see the preliminary regulatory displays a currently valid OMB control impact assessment published in the July FDA estimates that there will be no number. 2000 proposal (65 FR 43269 at 43277), net costs to small businesses because of which is incorporated by reference. this final rule. If small business entities V. Analysis of Impacts determine that the costs of notification B. Final Regulatory Flexibility Analysis A. Final Regulatory Impact Analysis outweigh the benefits, the small 1. Introduction business entities could rely on existing FDA has examined the economic FDA has examined the economic authorized FCSs. implications of this final rule as implications of this final rule as required by Executive Order 12866. C. Unfunded Mandates required by the Regulatory Flexibility Executive Order 12866 directs agencies Act (5 U.S.C. 601–612.) If a rule has a Section 1531(a) of the Unfunded to assess all costs and benefits of significant economic impact on a available regulatory alternatives and, Mandates Reform Act of 1995 (Public substantial number of small entities, the when regulation is necessary, to select Law 104–4), defines a significant rule as Regulatory Flexibility Act requires regulatory approaches that maximize a Federal mandate that may result in the agencies to analyze regulatory options net benefits (including potential expenditure by State, local, and tribal that would lessen the economic effect of economic, environmental, public health governments in the aggregate, or by the the rule on small entities. and safety, and other advantages; private sector, of $100 million (adjusted distributive impacts; and equity). 2. Economic Effects on Small Entities annually for inflation) in any one year. FDA has determined that this rule does Executive Order 12866 classifies a rule There were no comments that not constitute a significant rule under as significant if it meets any one of a pertained directly or indirectly to the number of specified conditions, initial regulatory flexibility analysis so the Unfunded Mandates Reform Act of including having an annual effect on the FDA made no change in the evaluation 1995. economy of $100 million, adversely of the regulation for the final regulatory VI. Environmental Impact affecting a sector of the economy in a flexibility analysis. The final rule could material way, adversely affecting affect small businesses because new The agency previously reviewed the competition, or adversely affecting jobs. costs will be imposed that did not exist potential environmental effects of this A regulation also is considered a before the change in regimes. A small final rule as announced in the July 2000 significant regulatory action if it raises firm that wants to introduce a new FCS proposal (65 FR 43269). The agency novel legal or policy issues. OMB will have to produce more concluded under 21 CFR 25.30(h) that determined that this final rule is a documentation after the final rule than this action is of a type that does not significant regulatory action as defined before. However, because the final rule individually or cumulatively have a by Executive Order 12866. Accordingly, reduces the uncertainty about the period significant effect on the human OMB has reviewed this final rule and of evaluation of new uses of substances, environment. Therefore, neither an has approved its publication in the firms that rely heavily on the Federal Register. environmental assessment nor an authorization of a unique use of a environmental impact statement is There were no comments that substance stand to benefit the most. required. pertained directly or indirectly to the Because new small businesses may rely preliminary regulatory impact analysis on innovation that requires new use VII. References (PRIA) so FDA has made no change in authorization, they are more likely to the evaluation of the regulation for the benefit the most from the final rule. The following references have been final regulatory impact analysis. The However, they also may incur placed on display in the Dockets rulemaking was necessary to implement proportionately greater costs than if they Management Branch (HFA–305), Food the FCN process established by would have relied on rival firms to and Drug Administration, 5630 Fishers FDAMA. The notification process incur the authorization costs. Lane, rm. 1061, Rockville, MD 20852, largely will replace the FAP process for and may be seen by interested persons FCSs. The FCN process requires FDA to 3. Regulatory Relief between 9 a.m. and 4 p.m., Monday object within 120 days to the Because some small firms are through Friday. notification of an FCS manufacturer or expected to be adversely affected by the 1. FDA Form No. 3480 ‘‘Notification for a supplier that it intends to market a final rule, options for regulatory relief, New Use of A Food Contact Substance,’’ Rev. particular food contact substance for a such as a small business exemption, 9/01. specific use, or the substance may be were addressed in the proposed rule. 2. FDA Form No. 3479 ‘‘Notification for a marketed legally on the 121st day The benefit of this option is that small Food Contact Substance Formulation,’’ Rev. without issuance of a regulation. businesses would not incur an 5/00.
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List of Subjects (e)*** Subpart D—Premarket Notifications 21 CFR Part 20 (23) A premarket notification for a § 170.100 Submission of a premarket food contact substance, described in notification for a food contact substance Confidential business information, part 170, subpart D, of this chapter. Courts, Freedom of information, (FCN) to the Food and Drug Administration Government employees. * * * * * (FDA). (a) An FCN is effective for the food 21 CFR Part 58 PART 170—FOOD ADDITIVES contact substance manufactured or Laboratories, Reporting and prepared by the manufacturer or 5. The authority citation for 21 CFR recordkeeping requirements. supplier identified in the FCN part 170 continues to read as follows: submission. If another manufacturer or 21 CFR Part 170 Authority: 21 U.S.C. 321, 341, 342, 346a, supplier wishes to market the same food Administrative practice and 348, 371. contact substance for the same use, that procedure, Food additives, Reporting 6. Section 170.3 is amended by manufacturer or supplier must also and recordkeeping requirements. revising paragraph (e)(2) and by adding submit an FCN to FDA. 21 CFR Part 171 paragraph (e)(3) to read as follows: (1) An FCN must contain all of the information described in § 170.101. Administrative practice and § 170.3 Definitions. (2) An FCN may incorporate by procedure, Food additives. * * * * * reference any information in FDA’s files 21 CFR Part 174 (e)(1)*** provided that the manufacturer or supplier is authorized to reference the Food additives, Food packaging. (2) Uses of food additives not information. The FCN must include requiring a listing regulation. Use of a 21 CFR Part 179 information establishing that the substance in a food contact article (e.g., manufacturer or supplier is authorized Food additives, Food labeling, Food food-packaging or food-processing packaging, Radiation protection, to reference information in FDA’s files. equipment) whereby the substance (3) Any material submitted in or Reporting and recordkeeping migrates, or may reasonably be expected referenced by an FCN that is in a foreign requirements, Signs and symbols. to migrate, into food at such levels that language must be accompanied by an Therefore, under the Federal Food, the use has been exempted from English translation verified to be Drug, and Cosmetic Act and under regulation as a food additive under complete and accurate. authority delegated to the Commissioner § 170.39, and food contact substances (b) FDA may choose not to accept an of Food and Drugs, 21 CFR parts 20, 58, used in accordance with a notification FCN for either of the following: 170, 171, 174, and 179 are amended as submitted under section 409(h) of the (1) A use of a food contact substance follows: act that is effective. that is the subject of a regulation in PART 20—PUBLIC INFORMATION (3) A food contact substance is any parts 173 through 189 of this chapter; or substance that is intended for use as a (2) A use of a food contact substance 1. The authority citation for 21 CFR component of materials used in that is the subject of an exemption part 20 continues to read as follows: manufacturing, packing, packaging, under the threshold of regulation Authority: 5 U.S.C. 552; 18 U.S.C. 1905; 19 transporting, or holding food if such use process described in § 170.39. U.S.C. 2531–2582; 21 U.S.C. 321–393, 1401– is not intended to have any technical (c) A petition must be submitted 1403; 42 U.S.C. 241, 242, 242a, 242l, 242n, effect in such food. under § 171.1 of this chapter to 243, 262, 263, 263b–263n, 264, 265, 300u– * * * * * authorize the safe use of a food contact 300u–5, 300aa–1. substance in either of the following 2. Section 20.100 is amended by 7. Subpart D, consisting of §§ 170.100 circumstances, unless FDA agrees to adding paragraph (c)(41) to read as through 170.106, is added to part 170 to accept an FCN for the proposed use. follows: read as follows: (1) The use of the food contact substance increases the cumulative Subpart D—Premarket Notifications § 20.100 Applicability; cross-reference to dietary concentration to a certain level. other regulations. Sec. For a substance that is a biocide (e.g., it * * * * * 170.100 Submission of a premarket is intended to exert microbial toxicity), (c)*** notification for a food contact substance this level is equal to or greater than 200 (41) Premarket notifications for food (FCN) to the Food and Drug parts per billion in the daily diet (0.6 contact substances, in § 170.102 of this Administration (FDA). milligram (mg)/person/day). For a chapter. 170.101 Information in a premarket substance that is not a biocide, this level notification for a food contact substance PART 58—GOOD LABORATORY (FCN). is equal to or greater than 1 part per PRACTICE FOR NONCLINICAL 170.102 Confidentiality of information in a million in the daily diet (3 mg/person/ LABORATORY STUDIES premarket notification for a food contact day); or substance (FCN). (2) There exists a bioassay on the food 3. The authority citation for 21 CFR 170.103 Withdrawal without prejudice of a contact substance, FDA has not part 58 continues to read as follows: premarket notification for a food contact reviewed the bioassay, and the bioassay substance (FCN). Authority: 21 U.S.C. 342, 346, 346a, 348, is not clearly negative for carcinogenic 170.104 Action on a premarket notification 351, 352, 353, 355, 360, 360b–360f, 360h– effects. for a food contact substance (FCN). 360j, 371, 379e, 381; 42 U.S.C. 216, 262, (d) A manufacturer or supplier for 170.105 The Food and Drug 263b–263n. which a notification is effective must Administration’s (FDA’s) determination 4. Section 58.3 is amended by adding that a premarket notification for a food keep a current address on file with FDA. paragraph (e)(23) to read as follows: contact substance (FCN) is no longer (1) The current address may be either effective. the manufacturer’s (or supplier’s) § 58.3 Definitions. 170.106 Notification for a food contact address or the address of the * * * * * substance formulation (NFCSF). manufacturer’s (or supplier’s) agent.
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(2) FDA will deliver correspondence withdrawn prior to the completion of objecting to the FCN or FDA has issued to the manufacturer’s or supplier’s FDA’s review. an objection letter. current address. (c) Once FDA completes its review of § 170.104 Action on a premarket an FCN, the agency will make its § 170.101 Information in a premarket notification for a food contact substance notification for a food contact substance conclusion about the FCN publicly (FCN). (FCN). available. For example, if FDA objects to a notification 90 days after the date of (a) If the Food and Drug An FCN must contain the following: receipt, the agency would make Administration (FDA) does not object to (a) A comprehensive discussion of the available its objection at that time. an FCN within the 120-day period for basis for the manufacturer’s or FDA review, the FCN becomes effective. (d) By submitting an FCN to FDA, the supplier’s determination that the use of (b) If an FCN is complete when manufacturer or supplier waives any the food contact substance is safe. This received, the 120-day review period claim to confidentiality of the discussion must: begins on the date FDA receives the information required to adequately (1) Discuss all information and data FCN. describe the food contact substance and submitted in the notification; and (1) If any element required under the intended conditions of use that are (2) Address any information and data § 170.101 is missing from an FCN, then the subject of that FCN. that may appear to be inconsistent with FDA will not accept that FCN and FDA (e) The following data and the determination that the proposed use will send an FCN nonacceptance letter information in an FCN are available for of the food contact substance is safe. to the manufacturer or supplier. If the public disclosure, unless extraordinary (b) All data and other information that manufacturer or supplier submits the circumstances are shown, on the 121st form the basis of the determination that missing information before FDA sends day after receipt of the notification by the food contact substance is safe under an FCN nonacceptance letter, the 120- FDA, except that no data or information the intended conditions of use. Data day review period begins on the date of are available for public disclosure if the must include primary biological data receipt of the missing information. FCN is withdrawn under § 170.103. and chemical data. (2) If FDA accepts an FCN, then FDA (c) A good laboratory practice (1) All safety and functionality data will acknowledge in writing its receipt statement for each nonclinical and information submitted with or of that FCN. laboratory study, as defined under incorporated by reference into the (c) Objection to an FCN: § 58.3(d) of this chapter, that is notification. Safety and functionality (1) If FDA objects to an FCN, then submitted as part of the FCN, in the data include all studies and tests of a FDA will send an FCN objection letter. form of either: food contact substance on animals and The date of the letter will be the date of (1) A signed statement that the study humans and all studies and tests on a FDA’s objection for purposes of section was conducted in compliance with the food contact substance for establishing 409(h)(2)(A) of the act. good laboratory practice regulations identity, stability, purity, potency, (2) If FDA objects to an FCN within under part 58 of this chapter; or performance, and usefulness. the 120-day period for FDA review, the (2) A brief signed statement listing the (2) A protocol for a test or study, FCN will not become effective. reason(s) that the study was not unless it is exempt from disclosure (3) FDA may object to an FCN if any conducted in compliance with part 58 under § 20.61 of this chapter. part of FDA’s 120-day review occurs of this chapter. (3) A list of all ingredients contained during a period when this program is (3) Data from any study conducted in a food contact substance, excluding not funded as required in section after 1978 but not conducted in information that is exempt from 409(h)(5) of the act. compliance with part 58 of this chapter disclosure under § 20.61 of this chapter. (d) If FDA and a manufacturer or must be validated by an independent Where applicable, an ingredient list will supplier agree that the notifier may third party prior to submission to the be identified as incomplete. submit a food additive petition Food and Drug Administration (FDA), (4) An assay method or other proposing the approval of the food and the report and signed certification analytical method, unless it serves no contact substance for the use in the of the validating party must be regulatory or compliance purpose and is manufacturer’s or supplier’s FCN, FDA submitted as part of the notification. exempt from disclosure under § 20.61 of will consider that FCN to be withdrawn (d) Information to address FDA’s this chapter. by the manufacturer or supplier on the responsibility under the National (5) All correspondence and written date the petition is received by FDA. Environmental Policy Act, in the form summaries of oral discussions relating of either: to the notification, except information § 170.105 The Food and Drug (1) A claim of categorical exclusion that is exempt for disclosure under Administration’s (FDA’s) determination that § 20.61 of this chapter. a premarket notification for a food contact under § 25.30 or § 25.32 of this chapter; substance (FCN) is no longer effective. or (6) All other information not subject (2) An environmental assessment to an exemption from disclosure under (a) If data or other information complying with § 25.40 of this chapter. subpart D of part 20 of this chapter. available to FDA, including data not (e) A completed and signed FDA submitted by the manufacturer or § 170.103 Withdrawal without prejudice of Form No. 3480. supplier, demonstrate that the intended a premarket notification for a food contact use of the food contact substance is no § 170.102 Confidentiality of information in substance (FCN). longer safe, FDA may determine that the a premarket notification for a food contact A manufacturer or supplier may authorizing FCN is no longer effective. substance (FCN). withdraw an FCN without prejudice to (b) If FDA determines that an FCN is (a) During the 120-day period of the a future submission to the Food and no longer effective, FDA will inform the Food and Drug Administration (FDA) Drug Administration (FDA) if FDA has manufacturer or supplier in writing of review of an FCN, FDA will not disclose not completed review of the FCN. For the basis for that determination. FDA publicly any information in that FCN. the purpose of this section, FDA’s will give the manufacturer or supplier (b) FDA will not disclose publicly the review is completed when FDA has an opportunity to show why the FCN information in an FCN that is allowed 120 days to pass without should continue to be effective and will
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specify the time that the manufacturer substance (Food Contact Notification PART 179—IRRADIATION IN THE or supplier will have to respond. (FCN)) submitted under section 409(h) PRODUCTION, PROCESSING AND (c) If the manufacturer or supplier of the act may be converted to a HANDLING OF FOOD fails to respond adequately to the safety petition, the withdrawal date for the 13. The authority citation for 21 CFR concerns regarding the notified use, FCN will be deemed the date of receipt part 179 continues to read as follows: FDA will publish a notice of its for the petition. determination that the FCN is no longer Authority: 21 U.S.C. 321, 342, 343, 348, (ii) If the petitioner desires, he may effective. FDA will publish this notice 373, 374. supplement a deficient petition after in the Federal Register, stating that a 14. Section 179.25 is amended by being notified regarding deficiencies. If detailed summary of the basis for FDA’s revising paragraph (c) to read as follows: determination that the FCN is no longer the supplementary material or effective has been placed on public explanation of the petition is deemed § 179.25 General provisions for food display and that copies are available acceptable, the petitioner shall be irradiation. upon request. The date that the notice notified. The date of such notification * * * * * publishes in the Federal Register is the becomes the date of filing. If the (c) Packaging materials subjected to date on which the notification is no petitioner does not wish to supplement irradiation incidental to the radiation longer effective. or explain the petition and requests in treatment and processing of (d) FDA’s determination that an FCN writing that it be filed as submitted, the prepackaged food shall be in is no longer effective is final agency petition shall be filed and the petitioner compliance with § 179.45, shall be the action subject to judicial review. so notified. subject of an exemption for such use under § 170.39 of this chapter, or shall § 170.106 Notification for a food contact (iii) Notwithstanding paragraph (i)(1)(ii) of this section, the petition shall be the subject of an effective premarket substance formulation (NFCSF). notification for a food contact substance not be filed if the Food and Drug (a) In order for the Food and Drug for such use submitted under § 170.100 Administration determines that the use Administration (FDA) to accept an of this chapter. identified in the petition should be the NFCSF, any food additive that is a * * * * * component of the formulation must be subject of an FCN under section 409(h) authorized for its intended use in that of the act rather than a petition. Dated: September 28, 2001. NFCSF. * * * * * Margaret M. Dotzel, (b) FDA may publish a notice in the Associate Commissioner for Policy. 10. Section 171.7 is amended by Federal Register stating that the agency [FR Doc. 02–12661 Filed 5–20–02; 8:45 am] adding paragraph (c) to read as follows: has insufficient resources to review BILLING CODE 4160–01–S NFCSFs. From the date that this notice § 171.7 Withdrawal of petition without publishes in the Federal Register, FDA prejudice. will no longer accept NFCSFs. * * * * * DEPARTMENT OF THE TREASURY (c) An NFCSF must contain the following: (c) Any petitioner who has a food Internal Revenue Service (1) A completed and signed FDA additive petition pending before the Form No. 3479; and agency and who subsequently submits a 26 CFR Parts 1, 54, and 602 (2) Any additional documentation premarket notification for a food contact required to establish that each substance (FCN) for a use or uses [TD 8987] component of the formulation already described in such petition shall be may be marketed legally for its intended deemed to have withdrawn the petition RIN 1545–AY69, 1545–AY70 use. for such use or uses without prejudice Required Distributions From to a future filing on the date the FCN is Retirement Plans; Correction PART 171—FOOD ADDITIVE received by the Food and Drug PETITIONS Administration. AGENCY: Internal Revenue Service (IRS), 8. The authority citation for 21 CFR Treasury. part 171 continues to read as follows: PART 174—INDIRECT FOOD ACTION: Correction to final and ADDITIVES: GENERAL Authority: 21 U.S.C. 321, 342, 348, 371. temporary regulations. 9. Section 171.1 is amended by 11. The authority citation for 21 CFR SUMMARY: This document contains revising paragraph (i)(1) to read as part 174 continues to read as follows: corrections to final and temporary follows: Authority: 21 U.S.C. 321, 342, 348, 371. regulations that were published in the § 171.1 Petitions. Federal Register on Wednesday, April 12. Section 174.5 is amended by 17, 2002 (67 FR 18988) relating to the * * * * * adding paragraph (d)(5) to read as required minimum distributions from (i)(1)(i) Within 15 days after receipt, follows: qualified plans, individual retirement the Food and Drug Administration will plans, deferred compensation plans notify the petitioner of the acceptance or § 174.5 General provisions applicable to under section 457, and section 403(b) indirect food additives. nonacceptance of a petition, and if not annuity contracts, custodial accounts, accepted, the reasons therefor. If * * * * * and retirement income accounts. accepted, the petitioner will be sent a letter stating this and the date of the (d)*** DATES: This correction is effective letter shall become the date of filing for (5) Food contact substances used in January 1, 2003. the purposes of section 409(b)(5) of the accordance with an effective premarket FOR FURTHER INFORMATION CONTACT: act. In cases in which the Food and notification for a food contact substance Cathy A. Vohs, (202) 622–6090 (not a Drug Administration agrees that a (FCN) submitted under section 409(h) of toll-free number). premarket notification for a food contact the act. SUPPLEMENTARY INFORMATION:
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Background (voice), (202) 663–7026 (TDD). This Overview of Public Comments The final and temporary regulations document is also available in the The Commission received fifteen that are the subject of these corrections following formats: large print, braille, comments in response to this NPRM. Of are under sections 401, 403, 408, 457, audio tape, and electronic file on these comments, four were from federal and 4974 of the Internal Revenue Code. computer disk. Requests for this agencies, two were from federal unions, document in an alternative format two from advocacy groups representing Need for Correction should be made to the Publications persons with disabilities, one from a As published, the final and temporary Information Center at 1–800–669–3362. group representing employment regulations contain errors that may SUPPLEMENTARY INFORMATION: Increasing attorneys, and one from a state agency. prove to be misleading and are in need the employment of individuals with The remaining submissions were from of clarification. disabilities is one of the goals of section four individuals and one group not Correction of Publication 501 of the Rehabilitation Act of 1973, as specifically involved with federal amended (section 501),1 and Title I and employees or disability rights. The Accordingly, the publication of the selected sections of Title V of the Commission has carefully considered all final and temporary regulations (TD Americans with Disabilities Act (ADA).2 of the comments and, as a result, has 8987), that were the subject of FR Doc. Section 501 has prohibited the federal made some changes to the proposed 02-8963, are corrected as follows: government, as an employer, from regulation. The public comments and 1. On page 18991, column 2, in the discriminating on the basis of disability the text of the final regulation are preamble under the paragraph heading since the late 1970’s. Title I of the ADA discussed below. ‘‘Temporary Rules for Defined Benefit applied similar prohibitions to private Plans and Annuity Contracts’’, first Nondiscrimination and Model sector and state and local government paragraph, line 2 from the bottom, the Employer employers in 1990. To promote language ‘‘assets has been replaced with An advocacy group for individuals consistent and full enforcement of these this more’’ is corrected to read ‘‘assets with disabilities expressed concern that two laws, Congress amended section have been replaced with this more’’. paragraph (a) of the proposed rule 501 in 1992 3 to adopt the employment specifically referenced hiring, § 54.4974–2 [Corrected] nondiscrimination standards of the placement, and advancement of Americans with Disabilities Act (ADA).4 2. On page 19028, column 1, qualified individuals with disabilities, In a Notice of Proposed Rulemaking § 54.4974–2(b)(4), line 19, the language but did not enumerate all the types of (NPRM), the U.S. Equal Employment ‘‘the calendar in which the employee’’ employment discrimination prohibited Opportunity Commission (EEOC or is corrected to read ‘‘the calendar year by the ADA. To clarify that the ADA’s Commission) proposed to implement in which the employee’’. broad nondiscrimination standards the 1992 Amendments by deleting the apply in the federal sector, this Cynthia E. Grigsby, text of its old section 501 regulation, at Chief, Regulations Unit, Associate Chief commenter suggested cross-referencing 29 CFR 1614.203, and inserting new the ADA’s list of prohibited activities in Counsel, (Income Tax and Accounting). language to cross-reference the [FR Doc. 02–12720 Filed 5–20–02; 8:45 am] paragraph (a) and also deleting the Commission’s existing ADA regulation specific references to hiring, placement, BILLING CODE 4830–01–P 5 at 29 CFR part 1630. The Commission and advancement. now responds to public comments The Commission concludes that these submitted in response to this NPRM and changes are not necessary because EQUAL EMPLOYMENT OPPORTUNITY issues a final rule. Consistent with paragraph (b) of the rule already cross COMMISSION President George W. Bush’s New references the ADA statute and Freedom Initiative, this final rule 29 CFR Part 1614 regulation. Specifically, paragraph (b) continues ‘‘the movement towards full states that the ADA’s nondiscrimination RIN 3046–AA57 integration of individuals with standards apply to section 501 disabilities’’ into the workforce and complaints, and cross references the Federal Sector Equal Employment promotes full compliance with section ADA rule at 29 CFR part 1630. Title I 6 Opportunity 501. of the ADA, and the ADA rule at 29 CFR AGENCY: Equal Employment part 1630, both enumerate many types 1 29 U.S.C. 791(1994) (codified as amended). For Opportunity Commission. of prohibited employment a summary of the early history of Section 501, see discrimination. In light of this cross- ACTION: Final rule. Prewitt v. United States Postal Service, 662 F.2d 292, 301–304 (5th Cir. 1981). reference, it is unnecessary to SUMMARY: The Equal Employment 2 42 U.S.C. 12101–12117, 12201–12213 (1994) supplement paragraph (a) to establish Opportunity Commission is publishing (codified as amended). This goal was reaffirmed by that the ADA’s broad discrimination the New Freedom Initiative of President George W. prohibitions apply under section 501. this final rule to implement the Bush (Integrating Americans with Disabilities into amendment of section 501 of the the Workforce, Part C: Compliance with the Furthermore, for purposes of simplicity Rehabilitation Act, under the Americans with Disabilities Act) (Feb. 1, 2001), at and clarity, the Commission makes Rehabilitation Act Amendments of http://www.whitehouse.gov/news/ paragraph (b) the sole reference to freedominitiative/freedominitiative.html (visited 1/ nondiscrimination in the final rule, 1992. This rule continues the movement 09/02) [hereinafter New Freedom Initiative]. towards full integration of individuals 3 Rehabilitation Act Amendments of 1992, Pub. L. deleting the general nondiscrimination with disabilities into the Federal 102–569, 106 Stat. 4344, 4424 (1992) (codified as language from paragraph (a). workforce. amended at 29 U.S.C. 791(g) (1994)) (1992 Amendments). Using the ADA Rule To Implement the DATES: Effective June 20, 2002. 4 The 1992 Amendments refer to Title I and 1992 Amendments FOR FURTHER INFORMATION CONTACT: selected sections of Title V (sections 501 through 504 and 510). One commenter questioned the Carol R. Miaskoff, Assistant Legal 5 Notice of Proposed Rulemaking to Update 29 Commission’s proposal to implement Counsel, or Mary Kay Mauren, Senior CFR 1614.203, 65 FR 11019, March 1, 2000. the 1992 Amendments by cross- Attorney Advisor, (202) 663–4689 6 New Freedom Initiative, supra note 2. referencing its ADA regulation at 29
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CFR part 1630. The Commission preference law) that requires affirmative Reasonable Accommodation remains convinced that this is the most action for individuals with disabilities.9 efficient way to implement the 1992 This would include the government’s Section 501 requires federal Amendments. The Commission’s ADA affirmative action efforts under section employers to provide reasonable regulation at 29 CFR part 1630 501. See 29 U.S.C. 791(b). accommodation for qualified applicants and employees with disabilities, barring implements the ADA employment Definition of Disability provisions that are cited in the 1992 undue hardship. Reasonable Amendments.7 An advocacy group for individuals accommodation is central to integrating This commenter also correctly noted with disabilities contended that the U.S. individuals with disabilities into the that the ADA’s statutory definition of Supreme Court’s decision in Sutton v. workforce.12 The NPRM preamble ‘‘employer’’ excludes the United States. United Airlines, Inc., 527 U.S. 471 addressed the ADA’s treatment of the On this basis, the commenter contended (1999), should not apply to section 501. interactive process, reassignment, and that the ADA cannot cover federal The Commission has considered this undue hardship. The Commission employers. This commenter comment but does not adopt it. The reiterates that the ADA standards that misapprehended both the purpose and ADA definition of ‘‘disability’’ as apply in private sector employment effect of the 1992 Amendments and this construed by the Supreme Court must 13 10 apply to federal employment as well. regulation. Neither the 1992 apply to section 501. The following discussion addresses Amendments nor this regulation result Safety Issues and ‘‘Direct Threat’ some of the public comments regarding in the ADA directly covering federal reasonable accommodation. employers. Rather, section 501 of the A federal agency commented that the Rehabilitation Act continues to cover NPRM imposes a burden on federal The Interactive Process federal employers. Due to the text of the employers because they may need to 1992 Amendments, however, section determine whether an applicant or The Commission agrees with the 501 now incorporates by reference the employee poses a ‘‘direct threat’’ to public comment that, under ADA ADA’s nondiscrimination standards. health or safety. The Commission has standards, a request for reasonable The ADA’s statutory definition of considered this comment but has accommodation and the informal ‘‘employer’’ does not impact the decided that, pursuant to the 1992 interactive process are two distinct coverage of section 501. Amendments, the same ‘‘direct threat’’ steps. First, the individual must request standard must apply to federal reasonable accommodation, in all but Self-Identification and Affirmative employers as to private employers. The the most limited circumstances.14 Action NPRM correctly stated the ADA Second, the employer engages in the One advocacy group for individuals standard for ‘‘direct threat,’’ which interactive process if the disability or with disabilities asserted that old requires employers to assess each the type of accommodation needed are subparagraph 1614.203(e)(3), which individual’s ability to safely perform a not obvious.15 Under ADA standards, permitted self-identification for particular job, based on the most current employers must make a reasonable affirmative action purposes, should be medical assessment or other objective effort to identify an effective 11 retained so that federal agencies can evidence. accommodation that does not pose an comply with their affirmative action responsibilities under section 501.8 The 9 The employer also must state clearly on any written questionnaire, or orally if no written 1630.2(r)(2001)(definition of ‘‘direct threat’’). For a Commission has considered the questionnaire is used, that the information discussion of when employers may request medical comment but concludes that old requested is used solely in connection with its information necessary for assessing ‘‘direct threat,’’ subparagraph 1614.203(e)(3) should be affirmative obligations or efforts, and that the see ‘‘Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees deleted in its entirety. Contrary to the information is being requested on a voluntary basis and will be kept confidential and used in under the Americans with Disabilities Act,’’ commenter’s assertions, the ADA accordance with the ADA (or section 501 of the question 5, n.39, 8 FEP Manual (BNA) 405:7701, standard does not prevent federal Rehabilitation Act). The information must also be 7708 (2000). employers from satisfying their section on a form that is kept separate from the application. 12 See New Freedom Initiative supra note 2. 501 affirmative action obligations. The See ‘‘ADA Enforcement Guidance: Preemployment 13 In US Airways, Inc. v. Barnett, No. 00–1250, Disability-Related Questions and Medical slip op. at 9 (U.S. April 29, 2002), the Supreme ADA permits affirmative action Examinations,’’ at 12, 8 FEP Manual (BNA) Court adopted the position articulated in several disability-related inquiries of job 405:7191, 7196–97 (1995) [hereinafter ‘‘Guidance lower court cases that in any reasonable applicants if certain requirements are on Preemployment Inquiries’’]. (This and other accommodation case, a plaintiff/employee ‘‘need met. Specifically, employers may ask ADA guidances are available through the Internet only show that an ‘accommodation’ seems at http://www.eeoc.gov.) However, the information reasonable on its face, i.e., ordinarily or in the run applicants to voluntarily self-identify as on a separate form may be provided to hiring of cases,’’ to defeat a defendant/employer’s motion individuals with disabilities if the officials or special appointing authorities to fulfill for summary judgment with respect to whether an employer is undertaking affirmative affirmative action obligations. accommodation is ‘‘reasonable.’’ Once the plaintiff/ action because of a federal, state, or 10 The Commission notes that the Sutton analysis employee has made this showing, the defendant/ has been applied in section 501 decisions. See employer has the burden of demonstrating undue local law (including a veterans’ Crocker v. Runyon, 207 F.3d 314, 319 n.1 (6th Cir. hardship on the facts of the particular case. The 2000). See also Flynn-Banigan v. Dep’t of Justice, decision in Barnett involved a conflict between a 7 The 1992 Amendments cite two sections in Title EEOC Appeal No. 01973401 (August 3, 2000), seniority system and a reassignment as a reasonable V of the ADA that are not implemented by the Pulcini v. Social Security Admin., EEOC Appeal accommodation. Commission’s ADA regulation because they do not No. 01990835 (July 27, 2000). 14 See ‘‘EEOC Enforcement Guidance on concern employment. These are sections 502 (state 11 The Supreme Court is deciding an ADA direct Reasonable Accommodation and Undue Hardship immunity) and 504 (regulations by the threat case this term. See Chevron U.S.A., Inc. v. Under the Americans with Disabilities Act,’’ at Architectural and Transportation Barriers Echazabal, No. 00–1406 (U.S. argued February 27, questions 1–4, 39, 8 FEP Manual (BNA) at 405:7601, Compliance Board). Compare 29 U.S.C. 791(g) 2002). The Commission already has applied the 7604–07, 7628–29 (1999) [hereinafter ‘‘Reasonable (1994) with 29 CFR 1630.1(a) (2001). ADA ‘‘direct threat’’ standard to federal employers Accommodation Guidance’’]. The Reasonable 8 Old subparagraph 1614.203(e)(3) states: ‘‘To in its decisions. Kahout v. United States Postal Accommodation Guidance contains a detailed enable and evaluate affirmative action to hire, place Service, EEOC Appeal No. 01954900 (June 19, description of the reasonable accommodation or advance individuals with handicaps, the agency 1997); Hobbs v. United States Postal Service, EEOC interactive process. may invite applicants for employment to indicate Appeal No. 01944181 (January 26, 1996); Robinson 15 See Reasonable Accommodation Guidance, whether and to what extent they are handicapped v. United States Postal Service, EEOC Request No. supra note 14 at question 5, 8 FEP at 405:7606–07 ***’’ 05940034 (September 16, 1994). See 29 CFR (1999).
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undue hardship. See 29 CFR part 1630 accommodation, then s/he is not obligation to search for vacant positions app. 1630.9. entitled to reassignment because s/he beyond a commuting area and was never ‘‘qualified’’ for the original throughout an entire organization would Reassignment as a Reasonable position.19 result in administrative difficulty and Accommodation expense. One commenter asserted that When a Position Becomes ‘‘Vacant’’ for Reassignment Is Separate From the federal employers should not always be Purposes of Reassignment Federal Merit Promotion System required to search for vacancies in Two federal agencies responded to the Several agencies expressed concern different subagencies or components of Commission’s request for comment on that section 501 reassignment actions the larger agency, because subagencies when a position becomes vacant in the could violate the federal merit may be legally separate and may operate federal government. One agency promotion system. Under ADA under separate appropriations, commented that a position must not standards, however, reassignment of a appointing authorities, and personnel only be funded and unencumbered but qualified individual with a disability is offices. Another commenter urged the must also be one that the agency intends distinct from the competitive selection Commission to redefine the ADA to fill rather than eliminate for process. The ADA defines reassignment ‘‘undue hardship’’ standard for the budgetary or mission reasons. The other to be part of the duty of reasonable federal sector, so that reassignment agency commented that positions accommodation, which is a decisions could be based on the budget subject to hiring or other employment nondiscrimination obligation separate of a particular facility. In the federal freezes are not presently funded and so and apart from the competitive selection sector, the agency commented, a facility cannot be considered vacant positions process.16 Indeed, the Office of may have a limited budget with which even though they may be authorized Personnel Management (OPM) has to respond to growing public needs. and not filled. It further contended that characterized the reasonable Under the 1992 Amendments, the if an employee leaves a position, the accommodation of reassignment as ‘‘a Commission is bound by ADA employer must continue to have the non-competitive process.’’ 17 standards, including the undue opportunity to decide whether to fund hardship standard.21 The Commission Probationary Employees and the position, abolish it, or modify it in concludes, however, that the ADA’s Reassignment accordance with changed work or ‘‘undue hardship’’ analysis takes into Agencies also expressed concern that business requirements. Both agencies account the operational, financial, and the ADA approach to reassignment contended that a position cannot be legal relationships between components permits reassignment of probationary considered vacant if it has been of large organizations, whether the employees, contrary to the categorical unconditionally offered to another organizations are private or federal.22 prohibition against such reassignment individual. Finally, one of the agencies An employer seeking to demonstrate in the old regulation at 29 CFR argued that a position cannot be ‘‘undue hardship’’ under the ADA 1614.203(g). The Commission considered vacant if another employee standard would have to demonstrate considered these comments and again has a vested priority to it by seniority why, in light of the resources, concludes that reassignment is available or some other superior right based on operations, and constraints of its as a reasonable accommodation for the employer’s non-discriminatory particular organization, a reasonable probationary employees. policies. accommodation would result in Under the ADA, qualified individuals The Commission agrees that an significant difficulty or expense. If a with disabilities are entitled to agency must have an opportunity to federal employer seeks to demonstrate reasonable accommodation, barring decide whether to abolish, modify, or that a specific reasonable undue hardship. Reassignment is a form simply continue funding a position after accommodation poses an undue of reasonable accommodation. An an employee departs. The Commission hardship because it would compromise individual with a disability is qualified also agrees that the duty to provide the agency’s mission, the agency needs for reassignment if s/he has adequately reassignment does not include to factually assess the ‘‘impact of the performed the essential functions of the reassignment to a position for which accommodation’’ on operations.23 original position, with or without there has already been an offer to An advocacy group for individuals reasonable accommodation, before the another individual.20 Finally, a position with disabilities objected that the need for reassignment arose.18 The is not vacant if it is subject to a hiring proposed rule appeared to limit longer the period of time in which a freeze. Any decision not to continue a reassignment to situations in which probationary employee has adequately position, whether for funding or mission there was no other effective performed the essential job functions, reasons, must not be discriminatorily accommodation, or in which all other with or without reasonable based. accommodations would impose an accommodation, the more likely it is undue hardship. The Commission has Undue Hardship and the Extent of Duty that reassignment is appropriate if s/he consistently interpreted the ADA to To Search for a Vacancy becomes unable to continue performing mean that reassignment is only required the essential functions of the position Several agencies commented on an in these circumstances.24 Reassignment due to a disability. If, however, the employer’s duty to search for vacancies may be an option in other circumstances probationary employee has never throughout its organization and on if the employer and the employee agree adequately performed the essential issues involving reassignments denied to it.25 To avoid any ambiguity functions, with or without reasonable on the basis of undue hardship. These agencies expressed concern that an 21 The Supreme Court, in US Airways, slip op. at 16 See 42 U.S.C. 12111(9)(B) (1994). 10, emphasized that the employer still retains the 17 See Employment Service, U.S. Office of 19 See id. burden of showing undue hardship. 22 Personnel Management, People with Disabilities in 20 Under the ADA, a job offer is real if the See 42 U.S.C. 12111(10) (1994). See also 29 the Federal Government: An Employment Guide at employer has evaluated all relevant non-medical CFR 1630.2(p) (2001). 31 (1999). information which it reasonably could have 23 Id. 18 See Reasonable Accommodation Guidance, obtained and analyzed prior to giving the offer. See 24 See Reasonable Accommodation Guidance, supra note 14 at question 25, 8 FEP at 405:7622– Guidance on Preemployment Inquiries, supra note supra note 14, at p. 39, 8 FEP at 405:7622 (1999). 23 (1999). 9, at 18–19, 8 FEP 405:7200 (1995). 25 Id.
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concerning when reassignment is seniority provisions as well as to Code of Federal Regulations is amended appropriate, we eliminated paragraph seniority systems based on employer as follows: (b)(2) which defined the employer’s practices. duty to provide reasonable PART 1614—FEDERAL SECTOR Effective Date of the Final Rule accommodation and reassignment. The EQUAL EMPLOYMENT OPPORTUNITY remaining cross-reference to the ADA This regulation will be effective 30 1. The authority citation for part 1614 standards in paragraph (b) provides the days after publication of the final rule continues to read as follows: appropriate standard. in the Federal Register, and will apply to conduct occurring on or after that Authority: 29 U.S.C. 206(d), 633(a), 791 Conflict With Collective Bargaining and 794a; 42 U.S.C. 2000e–16; E.O. 10577, 3 Agreement date. CFR, 1954–1958 Comp., p. 218; E.O. 11222, Additional Amendment 3 CFR, 1964–1965 Comp., p. 306; E.O. 11478, Some federal unions and employers 3 CFR, 1969 Comp., p. 133; E.O. 12106, 3 questioned whether reassignment The Commission did not receive CFR 1978 Comp., p. 263; Reorg. Plan No. 1 should be required as a reasonable public comment on its proposal to of 1978, 3 CFR 1978 Comp., p. 321. accommodation when it would create a delete the provision in § 1614.102(a)(9) § 1614.102 [Amended] conflict with another employee’s which refers to reassignment pursuant seniority rights under a collective to § 1614.203(g). That paragraph is now 2. Section 1614.102 is amended by bargaining agreement (CBA). These deleted. removing paragraph (a)(9) and commenters cited developing ADA case redesignating paragraphs (a)(10) through law on this issue and urged the view Regulatory Procedures (a)(14) as paragraphs (a)(9) through that CBA seniority rights should prevail. Executive Order 12866 (a)(13), respectively. Following the submission of these Pursuant to Executive Order 12866, 3. Section 1614.203 is revised to read public comments to the Commission, as follows: the U.S. Supreme Court decided US EEOC has coordinated this final rule Airways, Inc. v. Barnett, No. 00–1250, with the Office of Management and § 1614.203 Rehabilitation Act. (U.S. April 29, 2002). In Barnett, the Budget. Under section 3(f)(1) of (a) Model employer. The Federal Court considered whether the ADA Executive Order 12866, EEOC has Government shall be a model employer requires an employer to reassign an determined that the regulation will not of individuals with disabilities. individual with a disability as a have an annual effect on the economy Agencies shall give full consideration to reasonable accommodation when of $100 million or more or adversely the hiring, placement, and advancement another employee is entitled to hold the affect in a material way the economy, a of qualified individuals with position under an established seniority sector of the economy, productivity, disabilities. system. competition, jobs, the environment, (b) ADA standards. The standards The Court held that a conflict between public health or safety, or State or local used to determine whether section 501 a seniority system and a proposed tribal governments or communities. of the Rehabilitation Act of 1973, as accommodation should be analyzed to Therefore, a detailed cost-benefit amended (29 U.S.C. 791), has been determine whether the requested assessment of the regulation is not violated in a complaint alleging accommodation is reasonable. The required. nonaffirmative action employment Court ruled that ‘‘ordinarily’’ a proposed Paperwork Reduction Act discrimination under this part shall be accommodation will not be reasonable if the standards applied under Titles I and it conflicts with a seniority system. This regulation contains no V (sections 501 through 504 and 510) of Barnett, slip op. at 14. However, the information collection requirements the Americans with Disabilities Act of Court also stated that, even if an subject to review by the Office of 1990, as amended (42 U.S.C. 12101, employer shows that the proposed Management and Budget under the 12111, 12201), as such sections relate to accommodation will violate a seniority Paperwork Reduction Act (44 U.S.C. employment. These standards are set system, a plaintiff/employee may chapter 35). forth in the Commission’s ADA nevertheless show that ‘‘special regulations at 29 CFR part 1630. circumstances’’ warrant a finding that Regulatory Flexibility Act [FR Doc. 02–12543 Filed 5–20–02; 8:45 am] the accommodation is ‘‘reasonable’’ on In addition, the Commission certifies the facts of the particular case. The under 5 U.S.C. 605(b) that this rule will BILLING CODE 6570–01–P plaintiff/employee has the burden of not have a significant economic impact proof to show that such ‘‘special on a substantial number of small circumstances’’ exist. The Court entities, because it applies exclusively ENVIRONMENTAL PROTECTION remanded Barnett for consideration to employees and agencies and AGENCY under this standard. departments of the federal government. 40 CFR Part 140 In Barnett, a seniority system was For this reason, a regulatory flexibility linked to longstanding employer analysis is not required. [FRL–7212–4] practice but was not part of a negotiated CBA. In its analysis, the Court relied List of Subjects in 29 CFR Part 1614 Marine Sanitation Devices (MSDs); primarily on Rehabilitation Act and Administrative practice and Regulation to Establish a No Discharge ADA case law involving collectively procedure, Equal employment Zone (NDZ) for State Waters within the bargained seniority systems to conclude opportunity, Government employees, Boundary of the Florida Keys National that accommodations conflicting with Individuals with disabilities. Marine Sanctuary (FKNMS) seniority systems are unreasonable For the Commission. AGENCY: Environmental Protection absent special circumstances. The Cari M. Dominguez, Agency (EPA). Court’s language broadly and ACTION: Final rule. consistently referred to ‘‘seniority Chair. systems.’’ Accordingly, the Commission For the reasons set forth in the SUMMARY: EPA is establishing a NDZ for construes Barnett as applying to CBA preamble, Chapter XIV of Title 29 of the State waters within the boundaries of
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the FKNMS pursuant to section 312 743–2437, or by writing to the the Florida Keys, and directed the U.S. (f)(4)(A) of the Clean Water Act. This Sanctuary Superintendent at P.O. Box EPA and the State of Florida to develop action is being taken in response to an 500368, Marathon, Florida 33050. a Water Quality Protection Program October 27, 1999, resolution passed by Basically, State waters extend from land (WQPP) for the Sanctuary. The WQPP the FKNMS Water Quality Protection out to a distance of three statute miles was finalized in September 1996 and Program Steering Committee and a on the Atlantic side of the Florida Keys implementation of the numerous December 8, 1999, resolution of the and nine nautical miles on the Gulf recommended actions within the WQPP Board of County Commissioners of side. It should be noted that the is ongoing. Monroe County, Florida to establish a National Oceanic and Atmospheric The State of Florida recognized the NDZ area for State waters within the Administration (NOAA) is pursuing importance of water quality to FKNMS. These resolutions led to a NDZ status for Federal waters within ecosystem structure and function and December 7, 2000, letter from Governor the FKNMS. It is estimated that NOAA declared the State waters surrounding Jeb Bush of Florida requesting this will complete its rule-making process in the Florida Keys as ‘‘Outstanding action. late 2002 or early 2003. Florida Waters’’ (OFW) in 1985. Florida DATES: This rule will take effect June 19, Currently, there are about 30 pump Statute grants the Florida Department of 2002. out facilities located throughout the Environmental Protection the power to Florida Keys. To obtain a list of these establish rules that provide for the ADDRESSES: Written comments or facilities you may contact George category of water bodies called OFW, requests for information may be Garrett, Director of Marine Resources for which are worthy of special protection submitted to Wesley B. Crum, Chief, Monroe County, at (305) 289–2507, because of their natural attributes. No Coastal Programs, EPA Region 4, 61 E-mail at [email protected], or by degradation of water quality is allowed Forsyth Street, Atlanta, Georgia 30303– writing to Monroe County Service in OFW, except as allowed in Florida 8960. Center, 2798 Overseas Highway, Suite Administrative Code (F.A.C.) 62– FOR FURTHER INFORMATION CONTACT: 420, Marathon, Florida 33050–2227. 4.242(2). In addition, the Florida Keys Drew Kendall at (404) 562–9394 or Fred The Florida Keys are a national have been designated as an ‘‘Area of McManus at (404) 562–9385. treasure of international acclaim that Critical State Concern.’’ The objective of SUPPLEMENTARY INFORMATION: contain unique environments and this program is to provide another level I. Background possess high value to humans when of legislative review for development properly conserved. Adjacent to the plans within areas where unique and The proposed rule was published in Florida Keys land mass are located fragile natural resources exist and local the Federal Register on July 26, 2001 spectacular, unique nationally protection may be lacking. ‘‘Areas of (66 FR 38967). A 90-day comment significant marine environments, Critical State Concern’’ are declared period followed (ending October 26, including seagrass meadows, mangrove where there is a perceived need to 2001), during which time, EPA Region islands, and extensive living coral reefs. protect public resources from risk by 4 received 1,050 comments via letter, These marine environments support unregulated or inadequately regulated fax, or E-Mail. The comment tally was rich biological communities possessing development. Further, the pristine and 1,016 in favor and 34 opposed. This extensive conservation, recreational, unique habitats of the Florida Keys have Federal Register document will address commercial, ecological, historical, led to the establishment of special comments submitted in response to the research, educational, and aesthetic protection areas by the Federal July 26, 2001 (66 FR 38967), Federal values. These marine environments are government, including the Key West Register document. Comments in the maritime equivalent of tropical rain Wildlife Refuge and the Great White opposition to the NDZ designation are forests in that they support high levels Heron Wildlife Refuge. These actions addressed in section II below in general of biological diversity, are fragile and are further evidence of the importance subject categories. Comments in favor of easily susceptible to damage from of the Florida Keys and their unique the NDZ designation focused on the fact human activities, including nutrient natural resources. that the FKNMS contains unique marine enrichment. The economy of the Florida The purpose of the WQPP is to ecosystems(seagrass meadows, third Keys is based in large part on tourism recommend priority corrective actions largest coral barrier reef in the world, and fisheries that are directly tied to the and compliance schedules addressing and mangrove islands) that are a State ecological resources and quality of the point and nonpoint sources of pollution and national treasure and of high waters surrounding the Florida Keys. In to restore and maintain the chemical, ecological, educational, aesthetic, recognition of this, Congress created the physical, and biological integrity of the recreational, and commercial value. FKNMS with the signing of H.R. 5905 FKNMS. This includes restoration and Commentors supporting the NDZ (Public Law 101–605, the FKNMS and maintenance of a balanced, indigenous pointed out that these ecosystems Protection Act) on November 16, 1990. population of corals, shellfish, fish and support tremendous biological diversity, The purpose of a marine sanctuary is to wildlife, and recreational activities in containing more than 6,000 species of protect resources and their and on the water. NOAA’s Final plants, fish and invertebrates that conservation, recreational, ecological, Management Plan/Environmental depend upon pristine water quality. historical, research, educational, or Impact Statement for the FKNMS Further, they stated that all boaters who aesthetic values through comprehensive became effective on July 1, 1997 and use the FKNMS share the responsibility long-term management. The mission of includes the WQPP. The Monroe to protect this resource for future the National Marine Sanctuary Program County Board of County Commissioners generations and that establishment and is to identify, designate, and and the State of Florida recognize and compliance with the NDZ is important comprehensively manage marine areas support this document. and necessary to protect water quality. of national significance. National There is a large community in the A map which delineates the area to be Marine Sanctuaries are established for Florida Keys that live on boats and designated can be obtained or viewed by the public’s long-term benefit, use, and many live-aboard vessels are accessing the FKNMS’s Web site at enjoyment. Congress also recognized the permanently anchored in harbors and http://www.fknms.nos.noaa.gov/, by critical role of water quality in are not capable of movement. Transient calling the Sanctuary office at (305) maintaining the ecological resources of vessels also anchor in harbors and other
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protected sites and are very numerous The Board of County Commissioners of contrasted with CWA section in winter months. The number of live- Monroe County has adopted a 312(f)(4)(A), which focuses solely on the aboard vessels has increased resolution requesting that the Governor water quality issues and does not dramatically in recent years. While the of the State of Florida petition the EPA require EPA to make the determination Clean Vessel Act prohibits the dumping to declare all waters of the State within that adequate pump out facilities are of raw sewage, treated wastewater from the boundaries of the FKNMS to be a reasonably available for State waters vessels may be discharged into State NDZ for sewage, whether treated or not, within the boundary of the NDZ. Under waters. Wastewater treatment from all vessels. Monroe County section 312(f)(4)(A), ‘‘if EPA determines (disinfection) by Type I and II MSDs believes that this action would be a upon application by a State that the does not remove nutrients from major step in protecting water quality protection and enhancement of the wastewater. Many live-aboard and around the Keys and especially in those quality of specified waters within the transient vessels discharge wastewater areas where there are high state requires a prohibition, EPA shall, into surface waters. It is estimated that concentrations of vessels. The NDZ by regulation completely prohibit the nutrients from vessel wastewater designation is fully supported by the discharge from a vessel of any sewage, account for about 2.8% of nitrogen and WQPP Steering Committee and is whether treated or not, into such 3.0% of phosphorus loadings into consistent with the overall goals of the waters.’’ In this particular matter, the nearshore waters of the Florida Keys WQPP for the FKNMS. This designation Board of County Commissioners of (U.S. EPA, 1993, Phase II Report). is also consistent with Florida’s Area of Monroe County, by resolution, Nutrient loadings from vessels may be Critical State Concern Program and the requested that Florida Governor Jeb relatively small contributions to total Principles for Guiding Development for Bush submit an application to EPA for Keys-wide loadings. However, loadings the Florida Keys. The Governor of the a NDZ designation pursuant to section from vessels are a significant source of State of Florida supports Monroe 312(f)(4)(A). The Governor honored this nutrients to harbors and result in County’s decision and submitted the request and applied to EPA under the eutrophication of waters that typically County’s request to EPA Region 4, authority of section 312(f)(4)(a) based on exhibit poor circulation/flushing. asking EPA to designate all State waters the State’s finding that its waters within Violations of fecal coliform standards within the boundary of the FKNMS as the boundary of the FKNMS have are common in marinas and harbors a NDZ under the authority of section particular environmental importance throughout the Florida Keys (Florida 312(f)(4)(a) of the CWA. considering the unique, fragile, and Department of Environmental Section 312(f)(4)(a) states: ‘‘If the EPA ecologically important natural resources Regulation 1987, 1990). The WQPP Administrator determines upon of the Florida Keys ecosystem. However, Phase II Report (1993) and other studies application by a State that the although section 312(f)(4)(A) does not have determined that discharges of protection and enhancement of the require an analysis of whether adequate wastewater from vessels are degrading quality of specified waters within such pump out facilities are reasonably water quality in nearshore and confined State requires such a prohibition, he available, due to the number of waters. The final WQPP document shall, by regulation completely prohibit comments received related to this issue, (1996) identified the need to eliminate the discharge from a vessel of any EPA, working with the County and the sewage discharges from live-aboard sewage (whether treated or not) into State has provided information vessels and other vessels as a high such waters.’’ This authority has now concerning this issue below. priority action item. The State of been delegated to EPA Regional B. Adequate Pump Out Facilities Administrators. On December 7, 2000, Florida, as requested by the City of Key Many commentors’ letters expressed the Governor of Florida, Jeb Bush, West, recently determined that the concern about the adequacy of existing requested that EPA Region 4 establish protection and enhancement of the pump out facilities in the Florida Keys, the NDZ status for State waters within quality of waters surrounding the City of including the total number of facilities the FKNMS. The EPA Region 4 Key West require greater environmental and the availability of the pump outs. In Administrator concurs with this request. protection. This action prohibits the addition, a few commentors stated that discharge from all vessels of any II. Response to Comments EPA did not investigate the availability sewage, whether treated or not, into of pump out facilities. Although it was A. Clarification of the Requirements of such waters out to a distance of 600 feet not required for this determination Section 312 of the CWA from shore. The U.S. EPA, pursuant to under section 312(f)(4)(a), staff from section 312(f)(3) of the Clean Water Act Several commentors appeared to EPA, the Florida Department of (Public Law 92–500), recently (August misinterpret the different requirements Environmental Protection (FDEP), and 25, 1999) concurred with the State’s of Clean Water Act (CWA) section Monroe County did conduct a survey determination that adequate pumpout 312(f)(4)(A) and CWA section 312(f)(3) and collect information on the existing facilities for safe and sanitary removal and which regulatory process was being and planned pump out facilities and treatment of sewage from all vessels used to propose this NDZ. To propose throughout the Florida Keys. This effort are reasonably available for the waters a NDZ in this situation, there are two identified 29 locations with active surrounding the City of Key West. primary but distinct regulatory pump-out stations and several more in The Board of County Commissioners approaches that may be followed. Under the planning stages (see the summary of Monroe County, Florida has for some CWA section 312(f)(3), the State may section of this final notice for time been concerned about water designate a NDZ based on a State instructions on how to obtain this quality in the Florida Keys. Monroe determination that protection and information). The types of pump outs County’s Comprehensive Plan is very enhancement of the quality of the varied from stationary facilities located strongly predicated upon environmental waters within the area requires on docks, to carts that boaters can roll protection and the associated Executive additional protection and a to their vessels, to pump out boats/ Order and Work Program adopted by the determination by EPA that adequate barges that navigate to vessels in need Florida Governor and Cabinet are geared pump out facilities for safe and sanitary of pump out services. The hours of toward assisting Monroe County with removal and treatment of sewage from operation usually coincided with the improving and protecting water quality. vessels are reasonably available. This is normal business hours of marinas and
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many facilities were open seven days a grants will also be used to develop and this facility has a pump out station week. Several pump out stations in Key additional pump out systems. that is connected to the Key West West are capable of servicing large FDEP in consultation with EPA and wastewater management system. In vessels. During the survey, a review of many other state, regional, local, and addition, the City of Key West operates GIS maps identified several areas federal government agencies and a pump out vessel with a capacity of throughout the Florida Keys where gaps concerned citizens have initiated an 300 gallons and is scheduled to acquire exist and where additional pump out effort to develop an implementation another pump out vessel with a capacity facilities may be needed. The survey plan for the NDZ. This implementation of 1,000 gallons by summer 2002. effort resulted in the development of a plan will consist of many components, Accordingly, consistent with our 1999 detailed spreadsheet and maps with including a public education/outreach determination, EPA still believes that specific information concerning all program, a strategy to develop there are sufficient pump out facilities pump out facilities in the Florida Keys. additional infrastructure (pump outs, in the Key West area to service the Ideally, about 26 additional pump out mooring fields, etc.) and an enforcement limited number of ocean-going tugs, facilities are recommended (by the strategy. Initial efforts will be focused towboats, and other large vessels with interagency planning group mentioned on public education and outreach and destinations in the Key West area. above) throughout the Florida Keys for the construction of additional pump out Further, we believe that ocean-going total coverage along the entire length of facilities in areas where gaps have been barge traffic navigating through the islands which would eliminate the identified. Initially, enforcement of the Sanctuary waters should be able to identified gaps. It should be noted that NDZ will be focused in the marinas, retain the minimum volume of sewage most of those areas in the Florida Keys harborages, and other protected areas generated while in Sanctuary waters with large populations and density of where vessels congregate and where and then discharge that sewage when vessels have available pump out pump out facilities are available. Later, outside the established NDZ in an stations. after pump out stations are added in the environmentally safe manner. Currently, the majority of existing areas with gaps, enforcement will be marinas in the Florida Keys are not expanded to all areas of the Florida C. Effectiveness of Land-Based required to provide pump out services. Keys. Wastewater Treatment Facilities/ State regulations only require One group of commentors Adequacy of Existing MSDs installation of pump out systems for representing the tugboat, barge, and Some commentors questioned new and expanded docking facilities towboat industry commented that there whether land-based wastewater where the development project involves are no existing facilities in the Florida treatment systems were more effective at construction of ten or more slips in Keys that can accommodate large tug/ treating and disposing of sewage from Outstanding Florida Waters, pursuant to towboat units. In 1999, pursuant to vessels than Type 1 and 2 MSDs. EPA Rule 62–312.430 of the Florida section 312(f)(3) of the CWA, the State believes that the land based facilities Administrative Code (F.A.C.), or in of Florida designated the waters around which are available to treat the pumped sovereign submerged lands owned by the City of Key West out to a distance sewage are more effective in removing a the State, in accordance with Rule of 600 feet from shore as a NDZ and greater range of pollutants than the Type 18–21.0041(1)(b)6, F.A.C. EPA determined that adequate pump 1 and Type 2 MSDs. Type 1 and 2 MSDs The FDEP Division of Law out facilities for safe and sanitary are flow-through devices for treating Enforcement administers the Clean removal and treatment of sewage from and discharging sewage on commercial Vessel Act (CVA) grant program. Under vessels are reasonably available. In and recreational vessels that are this program, grants are available to addition, according to the Assistant City equipped with installed toilets. When fund installation of vessel sewage pump Manager of Key West, there are existing operated properly, these devices out facilities and portable toilet dump facilities in the City of Key West that macerate fecal material and add stations at marinas. These grants can be can accommodate large ocean-going chemicals, or otherwise treat/disinfect used to fund mobile pump out systems vessels and can provide pump out the sewage to meet specified and are available to local governments services. The dock at Mallory Square requirements for fecal coliform bacteria. and commercial and non-profit entities can accommodate large tugs and However, Type 1 and 2 MSDs do not operating marinas, boat ramps, mooring towboats and presently, the City pumps remove nutrients and other pollutants fields, etc. the holding tanks of large vessels by (e.g.; oxygen demanding materials) that Projects under this program receive running a hose from the dock to a contribute to water quality degradation. federal/state funds for up to 75% of the sewage collection line that is directly The City of Key West and the City of project cost. Grantees are required to connected to the City’s state-of-the-art Key Colony Beach have recently provide pump out services to the sewage treatment and disposal facility. completed significant and costly recreational boating public and fees The City has plans to install a large upgrades to their wastewater shall not exceed $5.00 per service, capacity pump station capable of management systems, including unless justified and approved by FDEP servicing large vessels at Mallory Square construction of advanced wastewater and the U.S. Fish and Wildlife Service. by April 2002. The U.S. Naval Base at treatment plants, subsurface well FDEP staff is currently working with Truman Annex in Key West can also injection of effluent, and replacement of local governments and marina owners to accommodate large vessels and is inadequate sewage collection lines. In increase the number of pump out equipped with a pump out station that addition, there are waste water facilities. Since 1996, eighteen pump is directly connected to the collection treatment facilities in the Miami area out facilities have been funded with system of the City’s wastewater that properly treat and dispose of CVA grants totaling approximately treatment facility. This U.S. Naval sewage pumped from vessel holding $520,000 in the Florida Keys. In facility may be transferred to the City of tanks. Further, Monroe County’s addition, National Fish and Wildlife Key West in the near future and can Sanitary Wastewater Master Plan has Foundation and Coastal Improvement now be used by the City in emergency been completed and the County is Assistance Program (CIAP) grants situations for pump out services. The pursuing wastewater system upgrades to obtained by Monroe County will be U.S. Coast Guard Base at Trumbo Point state-of-the-art wastewater management used to establish mooring fields. CIAP does receive fuel shipments via tankers systems that remove the vast majority of
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nutrients from sewage prior to disposal. vessel sewage versus other sources issuing citations, and imposing Pursuant to recent State legislation, all represents a small percentage of the penalties. This phased approach will new and expanded land-based overall sewage load entering the system. not apply to the previously established wastewater discharges permitted in the Several scientific studies conducted in NDZ for the jurisdictional waters Florida Keys after June 1999 are the Florida Keys have documented that surrounding the City of Key West. required to meet best available sewage and the associated nutrients Marine law enforcement agencies technology standards for treatment and from onsite wastewater treatment including federal, State, and local disposal, including nutrient removal. In systems migrate from land to semi- governments will actively participate in addition, the legislation requires all confined waters (canal systems) and the implementation of the public existing sewage treatment plants and other nearshore coastal waters and education/outreach program by on-site sewage treatment and disposal cause water quality degradation and distributing information on the NDZ systems to meet these standards by year eutrophication of the environment. It is regulations to boaters. 2010. estimated that nutrients from vessel Initially, enforcement of the NDZ will Several commentors stated that they wastewater account for only about 2.8% be focused in the marinas, harborages, had already installed an approved Type of the total nitrogen and 3.0% of the and other protected areas where vessels 1 MSD and that this type device is total phosphorus loadings into congregate and where pump out adequate to protect the environment. nearshore waters of the Florida Keys facilities are available. Later, after pump Boaters who have taken the initiative to (EPA, 1999). However, loadings from out stations are added in the areas that install approved Type 1 MSD devices vessels are a significant source of have been identified as requiring pump are to be commended. However, as nutrients to harbors, marinas, and other outs, enforcement activities can be mentioned above, Type 1 MSDs do not protected areas where vessels expanded to all areas of the Florida remove nutrients or the biochemical congregate and result in eutrophication Keys. Achieving 100% compliance with oxygen demand loading from vessel of waters that typically exhibit poor the NDZ designation in all the State sewage. The population of the Florida circulation and flushing. The WQPP waters of the FKNMS is probably not Keys includes a large number of document and action plan (EPA, 1996) realistic. However, EPA does believe individuals that live on their boats and concluded that sewage discharges from that the vast majority of the boating many of these vessels are permanently vessels were degrading water quality in public will voluntarily comply with the anchored in various harbors throughout nearshore and confined waters. requirements of the NDZ and utilize the the chain of islands. Thousands of However small the contribution from available pump out stations. This will transient vessels also anchor in harbors vessels may be, the fact remains that lead to a decrease in the amount of and other protected sites and are nutrients from vessel sewage does nutrients and other pollutants entering especially numerous in the winter negatively impact the fragile the waters of the FKNMS and an months. Nutrient loadings from vessels environment of the Florida Keys increase in the level of protection for the may be a relatively minor contribution (additional information is provided in waters and unique marine resources of to total Keys-wide loadings. However, section G below). the Florida Keys ecosystem. EPA staff loadings from vessels are a significant reviewed the magazine articles provided source of nutrients to harbors and other E. Enforcement by respondents concerning the Rhode protected areas that experience poor Several commentors expressed Island NDZ and have discussed the circulation and flushing contributing to concern over the relatively large size of status of this NDZ with staff from EPA eutrophication. Several scientific the proposed NDZ and felt that Region 1 in Boston, Massachusetts. studies have determined that discharges enforcement would be difficult. These Problems do appear to exist with the from vessels have caused degraded respondents also commented that availability of pump out facilities during water quality in nearshore areas of previous NDZ designations in other certain times of the day and in some confined and semi-confined waters. The areas (i.e., Rhode Island) have been specific areas throughout the designated discharge of minimally treated sewage ineffective. As mentioned above, FDEP NDZ area. However, this information from vessels is not consistent with the in consultation with EPA and many does not lead to a conclusion that the numerous actions that the State of other state, regional, local, and federal NDZ for the State of Rhode Island is Florida and Monroe County have taken government agencies and concerned ineffective. Based on the existing level to restore and protect the water quality citizens have initiated an effort to of public concern for and demonstrated of the Florida Keys, and which formed develop an implementation plan for the desire to protect the environment of the the basis for the State’s application for NDZ. This implementation plan will Florida Keys and the level of a NDZ. consist of many components, including commitment and willingness to a public education/outreach program, a cooperate and coordinate on the part of D. Land-Based Sources of Pollution strategy to develop additional all levels of government, we are Some respondents to the NDZ Federal infrastructure (pump outs, mooring confident that the NDZ designation for Register Notice pointed out that land- fields, etc.), and an enforcement State waters within the boundary of the based sources of pollution are the strategy. Initial efforts will be focused FKNMS will be successful. primary cause of water quality problems on public education and outreach and in the Florida Keys and that the relative the construction of additional pump out F. Economic Impacts, Safety, and contribution of vessel sewage versus facilities in areas where gaps have been Feasibility other sources is minuscule. It is true identified. The NDZ implementation The Florida Keys have been, and that comparatively, most sewage plan recommends that enforcement continue to be an international tourist/ nutrients entering the nearshore waters activities be phased in after the public boating destination. According to a of the Florida Keys are from land-based education/outreach initiative. The study sponsored by NOAA, the Florida sources such as inadequate cesspits, recommended approach is to conduct a Keys Tourist Development Council, and malfunctioning septic systems, and comprehensive public education/ The Nature Conservancy, visitors in the leaky collection lines associated with outreach program, after the NDZ Florida Keys spent $1.38 billion during aging wastewater treatment plants. It is designation becomes effective, before the 12-month period from June 1997 also true that the relative contribution of taking formal enforcement action, through May 1998. The primary
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attractions for people who visit this area party boats, and some tugboats/towboats effective and that their use does not are warm weather, historic areas, that operate within the boundary of the contribute to water quality problems. fishing, and diving/snorkeling activities FKNMS. According to the U.S. Coast As part of the Florida Keys National that are available in the nearby coral Guard, most charter/dive/party boats in Marine Sanctuary and Protection Act of reef communities. Currently, the coral the Florida Keys are already equipped 1990, specific programs were reef ecosystem is degrading. Coral reefs with Type 3 MSDs and these established to address water quality require waters low in nutrients to thrive. commercial vessels will be able to use issues. Water quality matters in the Therefore, actions that reduce the input the available pump out facilities (most Florida Keys are reviewed and of nutrients into this system are likely already do this) and comply with the evaluated by the Steering Committee for to benefit coral reefs. If the coral reefs NDZ rule. Other commercial vessels the Water Quality Protection Program. and associated biological resources are without Type 3 MSDs should be able to The Steering Committee consists of allowed to decline, then a significant retrofit for less than $1,000 in most federal and State resource agency portion of the attraction for visiting this cases. A commercial vessel (e.g., managers, local elected officials and area will no longer exist. tugboat/towboat, etc.) operator with an knowledgeable citizens. The Steering One commentor thought that a NDZ existing Type 2 MSD that chooses not to Committee receives technical guidance would make it illegal to discharge grey retrofit (prohibitive cost or other from the Water Quality Protection water associated with bathing and considerations) may install an Program Technical Advisory Committee washing dishes. Designation of an area appropriate portable toilet in addition to which consists of scientists from the as a NDZ does not make it illegal to the existing Type 2 MSD for use while Florida Keys and South Florida. Both discharge grey water. Another navigating through waters of the committees concurred that water quality commentor believed that the NDZ FKNMS designated as a NDZ. concerns in the Florida Keys must be would outlaw existing Type 1 and 2 Several commentors were concerned addressed comprehensively. The MSDs currently installed onboard about the cost to pump out vessel committees concluded that elimination vessels. The NDZ designation would not holding tanks. EPA, FDEP, and Monroe of discharges from vessels, including cause existing Type 1 and 2 MSDs to be County conducted a survey and discharge from Type I or Type II MSDs, in violation by their mere presence collected information on the existing will eliminate a known source of water onboard the vessel. However, it would pump outs in the Florida Keys and quality degradation. be illegal for vessel operators to determined that the range of costs to A major challenge to scientists and discharge from these devices while pump out was from $5.00 to $25.00, managers working in the Florida Keys, inside the NDZ. Type 1 and 2 MSDs with the majority of pump out facilities and elsewhere, is being able to should be secured to prohibit discharge charging $5.00. The number of times a differentiate the natural variability of while navigating or otherwise situated tank will need to be pumped out will ecosystems from human-caused within the NDZ. depend on usage. Live-aboards will disturbances. Signs of ecosystem stress Some commentors stated that holding have to pump out fairly often while less in the Florida Keys include loss of coral tanks were personally unacceptable and frequent boat users will need to empty cover and diversity, particularly at installation of Type 3 MSDs could cause the tank much less often. Using $10.00 offshore bank reefs, increasing nitrogen various problems, including unpleasant as the pump out charge, ($10 is on the and phosphorus concentrations in the odors, decrease in boat stability, and high end, most pump outs cost $5) and near shore waters, decreased water substantially reduce the limited usable one pump out per week, results in an clarity, and changes in the natural space on the average vessel. Cost to estimated annual cost of $520 per vessel benthic community composition. retrofit was also cited as a negative per year. Annual costs in this range are Comprehensive monitoring has impact on boat owners. It is considered reasonable. It should also be documented a 37% reduction in stony indisputable that boating safety is an noted that pump out fees may qualify as coral coverage between 1996 and 2000. important consideration. Neither EPA or a business expense and may be tax Also, the reason that monitoring was the State of Florida would promulgate deductible for some vessel owners. initiated was the observed, but poorly any rule which compromises the safety One commentor suggested that it quantified loss of coral cover at many of the boating public. Installation of a would be a better use of funds from sites prior to 1996. Habitat and water holding tank should be approached no FDEP to provide money for research quality degradation in canals and other differently than any other marine into more effective MSD technology. semi-confined waters within the Florida retrofit, and if done properly by a well- The State of Florida, in accordance with Keys has been measured and is related trained and certified marine mechanic, section 312 (f)(4)(A) filed an application to population density. The distance safety, odor, and cost issues can be dealt for the designation of the NDZ and EPA from shore at which ecological changes with effectively. According to the has the responsibility of processing that are attributable to sources of pollution Monroe County Department of Marine application. EPA would always continues to be a subject of scientific Resources and the FDEP Division of encourage research into more effective debate. Law Enforcement, the average cost of means to reduce pollution that is being Scientists have postulated that the installing a typical Type 3 MSD in most discharged into the nation’s waters. observed degradation of the Florida vessels should be about $600. As an However, whether FDEP should fund Keys marine ecosystem is due to alternative, portable toilets (i.e.; porto- research into more effective MSDs is an multiple stressors operating on different potties) can be purchased ($50 to $100) issue that EPA would defer to the State. scales. The increase in atmospheric and used onboard most vessels, or carbon dioxide and warming of ocean boaters can tie-up at a marina with G. Availability of Scientific Evidence to waters is occurring on a global scale and shoreside facilities. Support NDZ may be responsible for weakening corals The vast majority of vessels that Several commentors claimed that through bleaching or other heat-related operate within the FKNMS are there is no scientific evidence to stresses. Nutrient addition to coastal recreational (approximately 22,000 demonstrate that the proposed NDZ will waters is a local stressor that may be registered recreational vessels). improve water quality in the Florida more easily managed than others by However, there are a significant number Keys aquatic environment. It is their implementing wastewater and storm of commercial fishing, charter/dive/ opinion that Type I or Type II MSDs are water treatment technologies to
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eliminate or significantly reduce disinfection, and the discharge contains during winter months. The canals nutrient addition. a greater level of chemicals. Neither discharging into the basin and the basin Just like lawn fertilizer, human wastes Type I or Type II MSDs remove itself had reduced oxygen concentration contain nutrients that if discharged to nutrients from the discharge. Raw and high fecal coliform concentrations. water can stimulate algal growth and sewage or improperly treated sewage Fecal coliform levels in the basin were deplete the amount of oxygen in the from vessels or other sources is not only highest during winter months at stations water. Algal growth and changes in visually repulsive, but also has the in close proximity to live-aboard water chemistry are two of the potential to expose swimmers and vessels; violations of the State standard identified factors in ecosystem decline. shellfish to pathogens. for fecal coliform bacteria were The most readily observed impacts of Waterborne illnesses directly common. nutrient addition occur in confined attributable to sewage pollution include In 1994, Lapointe et al. assessed waters (canals, marina basins) because hepatitis, typhoid, cholera, and nutrient concentrations along transects of reduced circulation and/or reduced gastroenteritis. The indicators used to from known sources, including House dilution. However, it is feared that if detect the presence of sewage pollution Boat Row (Cow Key Channel), Key nutrient additions continue or increase, are usually not the pathogens West. Nutrients were highest at the those perturbations will result in themselves, but rather a type of bacteria sources and decreased seaward. They changes in community structure further called fecal coliform bacteria. Fecal found elevated nutrients hundreds of and further from shore. coliform bacteria detected in water can meters offshore of the source. Because Manipulative experiments in seagrass be an indicator of the presence of any degradation from ambient beds in south Florida have human waste and the potential exposure conditions is a violation of OFW demonstrated that the time course of to diseases. Enterococci bacteria are standards, these elevated nutrient response of seagrass beds to nutrient another indicator of fecal contamination concentrations were a violation of State enrichment is on the order of decades. that is more specific to human wastes water quality standards. They also Since the bank reefs are already stressed than fecal coliform bacteria. When concluded that nutrient enrichment was and are a major component of the bacteria levels exceed designated public resulting in significant degradation to economy of the Keys, it is prudent to health standards, swimming beaches seagrass community structure for a reduce all manageable sources of and shellfish beds may be closed, which considerable distance from shore. pollution before additional can harm tourism and deteriorate the One commentor stated that the use of environmental degradation occurs. quality of life. MSDs on commercial vessels transiting The Florida Keys ecosystem is, Several studies conducted by the the Keys would cause no water quality hydrologically, very ‘‘open.’’ Water FDEP, or its predecessor agency, have or habitat degradation. There are no site- current directions and speeds are very documented water quality standard specific scientific studies available that complex and are just beginning to be violations or other signs of directly address that matter. There are understood. Nutrients and other eutrophication (nutrient enrichment) in many variables to consider in assessing pollutants derived from other areas where vessels congregate in the the impacts of vessels transiting Keys geographical areas undoubtedly reach Florida Keys. In 1985, State scientists waters including the volume of waters surrounding the Florida Keys. studied the water quality of waters discharge, level of treatment, the The mass balance loadings from these surrounding the Keys in preparation for number of vessels, the depth and various sources have not been their proposed designation as distance from shore or other sources of quantified because of the hydrological Outstanding Florida Waters (OFW). pollution, current patterns, and the complexity. However, nutrient loadings That study concluded that the majority habitat type at the discharge point. The from land-based sources and vessels in of waters met the criteria for designation dilution of wastewater from a single the Keys have been estimated (EPA, as OFW, but that certain areas, vessel transiting the Keys may be so 1993; Monroe County Sanitary including canals and other confined great that the discharge may not cause Wastewater Master Plan, 2000; Monroe waters exhibited low values in serious ecological problems and may County Storm Water Master Plan, 2001). dissolved oxygen, high nutrient not be detectable within a short distance Nutrient loading to a water body can concentrations, and violations of the from the point of discharge. However, come from various land-based sources fecal coliform standard. These areas the cumulative impact from many including residential, commercial, and were listed as ‘‘hot spots’’ by EPA transiting vessels could be significant. municipal sewage treatment systems, (Phase 1 Report, 1992). Included in that The potential impacts are increased if poor storm water practices, and other list are several marinas or boat basins the transiting vessels discharge in close discharges from shoreline facilities and (e.g., Plantation Yacht Harbor, Faro proximity to coral reef or seagrass boats. Blanco Marina, Boot Key Harbor, habitats. As a practical matter, allowing It is estimated that nutrients from Oceanside Marina, and Garrison Bight some vessels to discharge at some vessel wastewater account for only Marina). locations within the FKNMS would lead about 2.8% of the total nitrogen and In 1984, FDEP (1987) measured water to confusion among boaters and 3.0% of the total phosphorus loadings quality parameters in the vicinity of the enforcement problems. Thus, it is our into nearshore waters of the Florida City of Marathon (Middle Keys). High determination that the prudent and Keys (EPA, 1999). While these levels of nutrients and fecal coliform expedient course of action is to percentages may not seem significant bacteria were found at Faro Blanco eliminate all discharges of wastewater Keys-wide, it is thought that vessel Marina during the tourist season due to from all vessels in State waters in the discharge is a major contributor of discharge of sewage from vessels. In FKNMS. nutrients in harbors and other 1990, the Florida Department of anchorages where vessels congregate. Environmental Regulation conducted an H. Geographic Scope of NDZ Type I MSDs treat sewage with intensive one-year study to assess the At least one commentor noted that the disinfectant chemicals before discharge water quality in Boot Key Harbor jurisdictional waters surrounding the and the discharges must not show any (Marathon). Boot Key Harbor is a basin City of Key West have previously been visible floating solids. Type II MSDs with limited flushing that has designated as a NDZ and suggested that provide a higher level of maceration and approximately 400 live-aboard vessels the proposed Keys-wide NDZ be limited
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to 600 feet from shore and only in areas or loan programs or the rights and community, as we minimize the cost of with adequate pump outs. EPA, obligations of recipients thereof; or Federal information collection and pursuant to section 312 (f)(3) of the (4) Raise novel legal or policy issues dissemination. In general, the Act CWA, concurred (August 1999) with the arising out of legal mandates, the requires that information requests and State of Florida’s determination that President’s priorities, or the principles recordkeeping requirements affecting 10 adequate pump out facilities for safe set forth in the Executive Order. or more non-Federal respondents be and sanitary removal and treatment of EPA, in consultation with local and approved by OMB. Since today’s rule sewage from all vessels are reasonably State government officials, has would not establish or modify any available for waters surrounding the determined that this rule is not a information and recordkeeping City of Key West. The action cited above ‘‘significant regulatory action’’ under requirements, it is not subject to the prohibits the discharge from all vessels the terms of Executive Order 12866 and requirements of the Paperwork of any sewage, whether treated or not, is therefore not subject to OMB review. Reduction Act. into such waters around Key West out B. Executive Order 13132 G. Unfunded Mandates Reform Act of to a distance of 600 feet from shore. 1995 Based on information provided by the The State of Florida is requesting that Monroe County Department of Marine EPA take action to designate State Under section 202 of the Unfunded Resources, there are many vessel waters within the FKNMS as a NDZ. Mandates Reform Act of 1995 (the Act), anchorage areas (both nearshore and Therefore, this order does not apply. Public Law 104–4, which was signed offshore) throughout the Florida Keys into law on March 22, 1995, EPA C. Executive Order 13175 that are outside the zone that would be generally must prepare a written delineated by a line 600 feet from shore. This order pertains to compliance statement for rules with Federal Many, if not most, of these anchorages costs of this rule to tribes. There are no mandates that may result in estimated are situated in areas with extensive tribal lands within the boundaries of the costs to State, local, and tribal living corals, seagrass meadows, and FKNMS. Therefore, this order does not governments in the aggregate, or to the other unique and ecologically important apply. private sector, of $100 million or more in any one year. When such a statute is marine resources. A NDZ limited to 600 D. Executive Order 13045 feet from shore would not provide an required for EPA rules under section increased level of protection to a vast This order authorizes EPA the 205 of the Act, EPA must identify and area within the FKNMS that contains discretion to consider health or safety consider alternatives, including the least fragile and nationally significant marine risks (especially for children) when costly, most cost-effective or least resources. In addition, limiting the NDZ making regulatory determinations. The burdensome alternative that achieves area to a line 600 feet from shore would net result of this action will be to the objectives of the rule. EPA must cause confusion among the boating improve environmental conditions consider that alternative, unless the public and would complicate and within the FKNMS. Administrator explains otherwise in the final rule. Before EPA establishes confound enforcement of the NDZ E. Regulatory Flexibility Act designation. Therefore, EPA believes regulatory requirements that may Pursuant to the Regulatory Flexibility significantly or uniquely affect small that the NDZ should encompass all Act of 1980, 5 U.S.C. 6501 et seq governments, including tribal State waters within the boundary of the whenever an agency is developing governments, it must develop under FKNMS to provide the highest level of regulations, it must prepare and make section 203 of the Act a small protection afforded by law to the waters available for public comment the impact government agency plan. The plan must and the precious marine ecosystem of of the regulations on small entities (i.e., provide for notifying potentially the Florida Keys. small businesses, small organizations, affected small governments, giving them III. Administrative Requirements and small governmental jurisdictions). opportunity for meaningful and timely A regulatory flexibility analysis is not input during the development of EPA A. Executive Order 12866 required if the head of the agency regulatory proposals with significant Under Executive Order 12866 (58 FR certifies that the rule will not have Federal intergovernmental mandates, 51735, October 4, 1993), the Agency significant economic impact on a and informing, educating, and advising must determine whether the regulatory substantial number of small entities. them of compliance with the regulatory action is significant and therefore EPA policy dictates that an Initial requirements. subject to Office of Management and Regulatory Flexibility Analysis (IRFA) EPA, in consultation with local and Budget (OMB) review and the be prepared if the proposed action will State government officials, has requirements of the Executive Order. have any significant effect on any small determined that this rule does not This Order defines ‘‘significantly entities. An abbreviated IRFA can be include a Federal mandate that will regulatory action’’ as likely to result in prepared depending on the severity of result in estimated annualized costs of a rule that may: the economic impact and relevant $100 million or more to either State, (1) Have an annual effect on the statute’s allowance of alternatives. After local, and tribal governments in the economy of $100 million or more or considering the economic impacts of aggregate, or to the private sector. All adversely affect in a material way the this proposed regulation/rule on small vessels that are equipped with MSDs economy, a sector of the economy, entities, EPA certifies that this action and that navigate throughout the productivity, competition, jobs, the will not have a significant economic FKNMS are already subject to the EPA environment, public health or safety, or impact on a substantial number of small MSD Standard at 40 CFR part 140 and State, local, or tribal governments or entities. the U.S. Coast Guard MSD Standard at communities; 33 CFR part 159. These standards (2) Create a serious inconsistency or F. Paperwork Reduction Act prohibit the overboard discharge of otherwise interfere with an action taken The Paperwork Reduction Act, 44 untreated vessel sewage in State waters or planned by another agency; U.S.C. 3501 et seq., is intended to in the FKNMS and require that vessels (3) Materially alter the budgetary minimize the reporting and with on-board toilets shall have U.S. impact or entitlement, grants, user fees, recordkeeping burden on the regulated Coast Guard certified MSDs which
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either retain sewage or treat sewage to FEDERAL EMERGENCY Flood Insurance Act of 1968, 42 U.S.C. the applicable standards. MANAGEMENT AGENCY 4001 et seq., and with 44 CFR part 65. There are 3 types of MSDs certified by For rating purposes, the currently 44 CFR Part 65 the U.S. Coast Guard. Only those vessels effective community number is shown that have either one of the two types of and must be used for all new policies [Docket No. FEMA–D–7523] and renewals. certified flow-through devices will be The modified base flood elevations affected by this rule. Those vessels Changes in Flood Elevation are the basis for the floodplain affected by this rule will either retain Determinations management measures that the and pump out treated sewage or AGENCY: Federal Emergency community is required to either adopt discharge outside of the designated Management Agency, FEMA. or to show evidence of being already in NDZ. Any costs associated with those ACTION: Interim rule. effect in order to qualify or to remain activities is minimal and it is therefore qualified for participation in the estimated that the annualized costs to SUMMARY: This interim rule lists National Flood Insurance Program State or tribal governments in the communities where modification of the (NFIP). aggregate, or to the private sector, will base (1% annual chance) flood These modified elevations, together not exceed $100 million. elevations is appropriate because of new with the floodplain management criteria Therefore, this rule is not subject to scientific or technical data. New flood required by 44 CFR 60.3, are the the requirements of sections 202 and insurance premium rates will be minimum that are required. They 205 of the Act. Because the rule calculated from the modified base flood should not be construed to mean that contains no regulatory requirements that elevations for new buildings and their the community must change any might significantly or uniquely affect contents. existing ordinances that are more small governments, it is also not subject DATES: These modified base flood stringent in their floodplain to the requirements of section 203 of the elevations are currently in effect on the management requirements. The Act. Small governments are subject to dates listed in the table and revise the community may at any time enact the same requirements as other entities Flood Insurance Rate Map(s) (FIRMs) in stricter requirements of its own, or pursuant to policies established by other whose duties result from this rule and effect prior to this determination for Federal, state or regional entities. they have the same ability as other each listed community. The changes in base flood elevations entities to retain and pump out treated From the date of the second are in accordance with 44 CFR 65.4. sewage or discharge outside of the publication of these changes in a National Environmental Policy Act. designated zones. newspaper of local circulation, any person has ninety (90) days in which to This rule is categorically excluded from List of Subjects in 40 CFR Part 140 request through the community that the the requirements of 44 CFR part 10, Acting Executive Associate Director Environmental Consideration. No Environmental protection, Sewage reconsider the changes. The modified environmental impact assessment has disposal, Vessels. elevations may be changed during the been prepared. Dated: May 7, 2002. 90-day period. Regulatory Flexibility Act. The Acting Executive Associate Director, Mitigation J.I. Palmer, Jr., ADDRESSES: The modified base flood Directorate, certifies that this rule is Regional Administrator, Region 4. elevations for each community are available for inspection at the office of exempt from the requirements of the Title 40, Chapter 1, Part 140 of the the Chief Executive Officer of each Regulatory Flexibility Act because Code of Federal Regulations is amended community. The respective addresses modified base flood elevations are as follows: are listed in the following table. required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, FOR FURTHER INFORMATION CONTACT: PART 140—[AMENDED] and are required to maintain community Matthew B. Miller, P.E., Chief, Hazards eligibility in the National Flood Study Branch, Federal Insurance and 1. The authority citation for part 140 Insurance Program. No regulatory Mitigation Administration, Federal continues to read as follows: flexibility analysis has been prepared. Emergency Management Agency, 500 C Regulatory Classification. This Authority: 33 U.S.C. 1322. Street SW., Washington, DC 20472, interim rule is not a significant 2. Section 140.4 is amended by (202) 646–3461, or (email) regulatory action under the criteria of [email protected]. adding paragraph (b)(1)(ii)to read as Section 3(f) of Executive Order 12866 of follows: SUPPLEMENTARY INFORMATION: The September 30, 1993, Regulatory modified base flood elevations are not Planning and Review, 58 FR 51735. § 140.4 Complete prohibition. listed for each community in this Executive Order 12612, Federalism. * * * * * interim rule. However, the address of This rule involves no policies that have (b) *** the Chief Executive Officer of the federalism implications under Executive community where the modified base Order 12612, Federalism, dated October (1) *** flood elevation determinations are 26, 1987. (ii) Waters of the State of Florida available for inspection is provided. Executive Order 12778, Civil Justice within the boundaries of the Florida Any request for reconsideration must Reform. This rule meets the applicable Keys National Marine Sanctuary as be based upon knowledge of changed standards of Section 2(b)(2) of Executive delineated on a map of the Sanctuary at conditions, or upon new scientific or Order 12778. http://www.fknms.nos.noaa.gov/. technical data. The modifications are made pursuant List of Subjects in 44 CFR Part 65 * * * * * to section 201 of the Flood Disaster Flood insurance, Floodplains, [FR Doc. 02–12283 Filed 5–20–02; 8:45 am] Protection Act of 1973, 42 U.S.C. 4105, Reporting and recordkeeping BILLING CODE 6560–50–P and are in accordance with the National requirements.
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Accordingly, 44 CFR Part 65 is Authority: 42 U.S.C. 4001 et seq.; § 65.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, amended as follows: 2. The tables published under the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, PART 65—[AMENDED] 3 CFR, 1979 Comp., p. 376. authority of § 65.4 are amended as follows: 1. The authority citation for Part 65 continues to read as follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Connecticut: Fair- Town of Green- February 11, 2002, Feb- Mr. Richard Bergstresser, First Se- Feb. 4, 2002 ...... 090008 C field. wich. ruary 18, 2002, Green- lectman for the Town of Green- wich Times. wich, 101 Field Point Road, Greenwich, Connecticut 06830. Delaware: New Unincorporated March 25, 2002, April 1, Mr. Thomas P. Gordon, New Castle July 1, 2002 ...... 105085 D Castle. Areas. 2002, The News Jour- County Executive, New Castle nal. County Government Center, 87 Reads Way, New Castle, Dela- ware 19720. Illinois: Kane ...... City of Geneva .... March 6, 2002, March 13, The Honorable Kevin Burns, Mayor June 12, 2002 ...... 170325 B 2002, Kane County of the City of Geneva, 22 South Chronicle. First Street, Geneva, Illinois 60134. Indiana: DeKalb ...... Unincorporated February 26, 2002, The Ms. Connie Miles, President of the Mar. 28, 2002 ...... 18044 B Areas. Evening Star. County Commissioners, 100 South Main Street, Auburn, Indi- ana. Hamilton ...... Town of Westifeld April 12, 2002, April 19, Mr. Michael McDonald, Town of July 19, 2002 ...... 180083 C 2002, The Daily Ledger. Westfield Council President, 130 Penn Street, Westfield, Indiana 46074. Maryland: Montgomery City of Rockville .. March 6, 2002, March 13, The Honorable Larry Giammo, Feb. 22, 2002 ...... 200051 B 2002, Rockville Ga- Mayor of the City of Rockville, zette. Rockville City Hall, 111 Maryland Avenue, Rockville, Maryland 28050. Howard ...... Unincorporated December 13, 2001, De- Mr. James N. Robey, Howard Coun- Nov. 28, 2001 ...... 240044 B Areas. cember 20, 2001, The ty Executive, 3430 Courthouse Howard County Times. Drive, Ellicott City, Maryland 21043. New York: Town of February 13, 2002, Feb- Mr. Dennis Brower, Supervisor for Aug. 6, 2002 ...... 360879 B Queensbury. Queensbury. ruary 20, 2002, The the Town of Queensbury, 742 Bay Post-Star. Road, Queensbury, New York 12804. Ohio: Hamilton ..... Unincorporated April 12, 2002, April 19, Mr. David J. Krings, Hamilton Coun- April 4, 2002 ...... 390204 B Areas. 2002, The Cincinnati ty Administrator, 138 East Court Enquirer. Street, Room 603, Cincinnati, Ohio 45202. Pennsylvania: Chester ...... Township of East April 25, 2002, May 2, Mr. John T. Jordan, Chairman of the August 1, 2002 ...... 420276 D Bradford. 2002, Daily Local News. Township of East Bradford Board of Supervisors, 666 Copeland School Road, West Chester, Pennsylvania 19380. Bucks ...... Township of April 23, 2002, The Intel- Mr. Ken Bennington, Chairman of May 24, 2002 ...... 420189 D Hilltown. ligencer. the Township of Hilltown Board of Supervisors, 13 West Creamery Road, Hilltown, Pennsylvania 18297. Lehigh ...... Township of Salis- March 11, 2002, March Mr. Gabriel Khalife, Manager of the June 17, 2002 ...... 450591 D bury. 18, 2002, Morning Call. Township of Salisbury, 2900 South Pike Avenue, Allentown, Pennsylvania 18103. Chester ...... Township of April 17, 2002, April 24, Mr. Robert T. Lang, Chairman of the April 1, 2002 ...... 422282 D Willistown. 2002, Daily Local News. Township of Willistown Board of Supervisors, 688 Sugartown Road, Malvern, Pennsylvania 19335. Puerto Rico ...... Commonwealth ... November 16, 2001, No- The Honorable Sila Maria Calderon, Nov. 7, 2002 ...... 720000 E vember 23, 2001, The Governor of the Commonwealth of San Juan Star. Puerto Rico, Office of the Gov- ernor, P.O. Box 9020082, San Juan, Puerto Rico 00901.
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Virginia: Prince William Unincorporated April 19, 2002, April 26, Mr. Craig Gerhart, Prince William April 3, 2002 ...... 510119 D Areas. 2002, Potomac News. County Executive, 1 County Com- plex Court, Prince William, Virginia 22192. Prince William Unincorporated February 7, 2002, Feb- Mr. Craig Gerhart, Prince William May 16, 2002 ...... 510119 D Areas. ruary 14, 2002, Poto- County Executive, 1 County Com- mac News. plex Court, Prince William, Virginia 22192. Fauquier ...... Town of March 21, 2002, March Mr. John Anzivino, Warrenton Town Mar. 5, 2002 ...... 510057 B Warrenton. 28, 2002, Fauquier Cit- Manager, Municipal Building, 18 izen. Court Street, Warrenton, Virginia 20186.
(Catalog of Federal Domestic Assistance No. respective addresses are listed in the The changes in BFEs are in 83.100, ‘‘Flood Insurance.’’) table below. accordance with 44 CFR 65.4. Dated: May 15, 2002. FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act. Robert F. Shea, Matthew B. Miller, P.E., Chief, Hazards This rule is categorically excluded from Acting Administrator, Federal Insurance and Study Branch, Federal Insurance and the requirements of 44 CFR Part 10, Mitigation Administration. Mitigation Administration, 500 C Street, Environmental Consideration. No [FR Doc. 02–12656 Filed 5–20–02; 8:45 am] SW., Washington, DC 20472, (202) 646– environmental impact assessment has BILLING CODE 6718–04–P 3461 or (e-mail) [email protected]. been prepared. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act. The Acting modified BFEs are not listed for each Administrator for Federal Insurance and FEDERAL EMERGENCY community in this interim rule. Mitigation Administration certifies that MANAGEMENT AGENCY However, the address of the Chief this rule is exempt from the requirements of the Regulatory 44 CFR Part 65 Executive Officer of the community where the modified BFE determinations Flexibility Act because modified BFEs [Docket No. FEMA–P–7610] are available for inspection is provided. are required by the Flood Disaster Any request for reconsideration must Protection Act of 1973, 42 U.S.C. 4105, Changes in Flood Elevation be based on knowledge of changed and are required to maintain community Determinations conditions or new scientific or technical eligibility in the NFIP. No regulatory AGENCY: Federal Emergency data. flexibility analysis has been prepared. Management Agency, (FEMA). The modifications are made pursuant Regulatory Classification. This ACTION: Interim rule. to section 201 of the Flood Disaster interim rule is not a significant Protection Act of 1973, 42 U.S.C. 4105, regulatory action under the criteria of SUMMARY: This interim rule lists and are in accordance with the National Section 3(f) of Executive Order 12866 of communities where modification of the Flood Insurance Act of 1968, 42 U.S.C. September 30, 1993, Regulatory Base (1-percent-annual-chance) Flood 4001 et seq., and with 44 CFR part 65. Planning and Review, 58 FR 51735. Elevations (BFEs) is appropriate because For rating purposes, the currently Executive Order 12612, Federalism. of new scientific or technical data. New effective community number is shown This rule involves no policies that have flood insurance premium rates will be and must be used for all new policies federalism implications under Executive calculated from the modified BFEs for and renewals. Order 12612, Federalism, dated October new buildings and their contents. The modified BFEs are the basis for 26, 1987. DATES: These modified BFEs are the floodplain management measures Executive Order 12778, Civil Justice currently in effect on the dates listed in that the community is required to either Reform. This rule meets the applicable the table below and revise the Flood adopt or to show evidence of being standards of Section 2(b)(2) of Executive Insurance Rate Map(s) in effect prior to already in effect in order to qualify or Order 12778. this determination for the listed to remain qualified for participation in communities. the National Flood Insurance Program List of Subjects in 44 CFR Part 65 From the date of the second (NFIP). Flood insurance, Floodplains, publication of these changes in a These modified BFEs, together with Reporting and recordkeeping newspaper of local circulation, any the floodplain management criteria requirements. person has ninety (90) days in which to required by 44 CFR 60.3, are the Accordingly, 44 CFR Part 65 is request through the community that the minimum that are required. They amended as follows: Acting Administrator for Federal should not be construed to mean that Insurance and Mitigation the community must change any PART 65—[AMENDED] Administration reconsider the changes. existing ordinances that are more The modified BFEs may be changed stringent in their floodplain 1. The authority citation for Part 65 during the 90-day period. management requirements. The continues to read as follows: ADDRESSES: The modified BFEs for each community may at any time enact Authority: 42 U.S.C. 4001 et seq.; community are available for inspection stricter requirements of its own, or Reorganization Plan No. 3 of 1978, 3 CFR, at the office of the Chief Executive pursuant to policies established by other 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Officer of each community. The Federal, State, or regional entities. 3 CFR, 1979 Comp., p. 376.
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§ 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification number
Arkansas: Unincorporated April 3, 2002, April 10, The Honorable Claude Dill, Judge, March 12, 2002 ...... 050424 Cleburne. Areas. 2002, The Sun Times. Cleburne County, County Court- house, 301 West Main Street, Heber Springs, Arkansas 72543. Illinois: Cook ...... Unincorporated March 20, 2002, March Mr. John H. Stroger, Jr., Presi- June 26, 2002 ...... 170054 Areas. 27, 2002, The Chicago dent, Cook County Board of Tribune. Commissioners, 118 North Clark Street, Room 537, Chi- cago, Illinois 60602. Illinois: Cook ...... Unincorporated January 17, 2002, Janu- Mr. John H. Stroger, Jr., Presi- December 20, 2001 .. 170054 Areas. ary 24, 2002, North- dent, Cook County Board of brook Star. Commissioners, 118 North Clark Street, Room 537, North- brook, Illinois 60602. Illinois: St. Clair .. City of Belleville January 8, 2002, January The Honorable Mark A. Kern, April 16, 2002 ...... 170618 15, 2002, Belleville Mayor, City of Belleville, 101 News-Democrat. South Illinois Street, Belleville, Illinois 62220. Illinois: Cook ...... City of North- January 17, 2002, Janu- Mr. Mark W. Damisch, President, December 20, 2001 .. 170132 brook. ary 24, 2002, North- Village of Northbrook, 1225 brook Star. Cedar Lane Northbrook, Illinois 60062–4582. Illinois: Cook ...... City of Oak For- March 20, 2002, March The Honorable Patrick M. Gordon, June 26, 2002 ...... 170136 est. 27, 2002, The Chicago Mayor, City of Oak Forest, Tribune. 15440 South Central Avenue, Oak Forest, Illinois 60452. Illinois: Will ...... Village of Plain- February 20, 2002, Feb- Mr. Richard Rock, President, Vil- May 29, 2002 ...... 170771 field. ruary 27, 2002, The lage of Plainfield, 530 West Enterprise. Lockport Street, Suite 206, Plainfield, Illinois 60544. Indiana: Dearborn Town of Green- February 7, 2002, Feb- The Honorable Doug Hedrick, January 9, 2002 ...... 180040 dale. ruary 14, 2002, The Mayor, Town of Greendale, 510 Dearborn County Reg- Ridge Avenue, Greendale, Indi- ister. ana 47025. Indiana: Johnson City of Green- April 3, 2002, April 10, The Hon. Charles E. Henderson, April 22, 2002 ...... 180115 wood. 2002, Greenwood and Mayor, City of Greenwood, 2 Southside Challenger. North Madison Avenue, Green- wood, Indiana 46142. Indiana: Dearborn City of February 7, 2002, Feb- The Honorable Paul E. Tremain, January 9, 2002 ...... 180041 Lawrenceburg. ruary 14, 2002, The Mayor, City of Lawrenceburg, Dearborn County Reg- 450 Main Street, Lawrenceburg, ister. Indiana 47025. Michigan: Oak- Village of Lake April 3, 2002, April 10, Ms. JoAnn Van Tassel, Manager, April 5, 2002 ...... 260588 land. Orion. 2002, The Lake Orion Village of Lake Orion, 37 East Review. Flint Street, Lake Orion, Michi- gan 48362. Michigan: City of Warren ... March 22, 2002, March The Hon Mark A. Steenbergh, June 28, 2002 ...... 260129 Macomb. 29, 2002, The Macomb Mayor, City of Warren, Warren Daily. Municipal Building, 29500 Van Dyke Avenue, Warren, Michigan 48093. Michigan: Township of February 8, 2002, Feb- Mr. Gary Kirsh, Supervisor, Town- December 21, 2001 .. 260447 Macomb. Washington. ruary 15, 2002, The ship of Washington, P.O. Box Macomb Daily. 94067, Washington, Michigan 48094. Minnesota: Anoka City of Coon February 15, 2002, Feb- The Honorable Ilona McCauley, January 22, 2002 ...... 270011 Rapids. ruary 22, 2002, The Mayor, City of Coon Rapids, Herald. 11155 Robinson Drive, Coon Rapids, Minnesota 55433. Minnesota: Rice .. City of Dundas .. January 23, 2002, Janu- The Honorable Myron Malecha, May 1, 2002 ...... 270403 ary 30, 2002, Northfield Mayor, City of Dundas, 216 News. Railway Street North, Dundas, Minnesota 55109–4013.
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification number
Missouri: St. City of Ladue ..... April 19, 2002, April 26, The Honorable Jean Quenlen, April 2, 2002 ...... 290363 Louis. 2002, St. Louis Post Mayor, City of Ladue, 9345 Dispatch. Clayton Road, Ladue, Missouri 63124–1511. Missouri: Ste. City of Ste., Ste. February 20, 2002, Feb- The Honorable Kathleen Waltz, February 8, 2002 ...... 290325 Genevieve. Genevieve. ruary 27, 2002, Ste. Mayor, City of Ste. Genevieve, Genevieve Herald. 165 South Fourth Street, Ste. Genevieve, Missouri 63670. Missouri: Ste. Unincorporated February 20, 2002, Feb- Mr. Dennis Huck, County Com- February 8, 2002 ...... 290833 Genevieve. Areas. ruary 27, 2002, Ste. missioner, Ste. Genevieve Genevieve Herald. County, 165 South Fourth Street, Ste. Genevieve, Missouri 63670. New Mexico: City of Albu- February 21, 2002, Feb- Mr. Tom Rutherford, Chairman, January 29, 2002 ...... 350001 Bernalillo. querque. ruary 28, 2002, Albu- Bernalillo County, 2400 Broad- querque Journal. way, S.E., Albuquerque, New Mexico 87102. Ohio: Lorain ...... City of Avon ...... March 22, 2002, March The Honorable James A. Smith, June 28, 2002 ...... 390348 29, 2002, The Morning Mayor, City of Avon, 36080 Journal. Chester Road, Avon, Ohio 44011. Ohio: Mont- City of March 15, 2002, March The Honorable Sally D. Beals, June 21, 2002 ...... 390408 gomery. Centerville. 22, 2002, Dayton Daily Mayor, City of Centerville, 7875 News. Stonehouse Court, Centerville, Ohio 45459. Ohio: Delaware ... Unincorporated March 6, 2002, March 13, Mr. James Ward, President, Dela- June 12, 2002 ...... 390146 Areas. 2002, Westerville News ware County, Board of Commis- and Public Opinion. sioners, 101 North Sandusky Street, Delaware, Ohio 43015. Ohio: Franklin ..... Unincorporated March 6, 2002, March 13, Mr. Dewey R. Stokes, President, June 12, 2002 ...... 390167 Areas. 2002, Westerville News Franklin County, Board of Com- and Public Opinion. missioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215. Ohio: Franklin ..... City of Grove April 17, 2002, April 24, The Hon. Cheryl L. Grossman, July 24, 2002 ...... 390173 City. 2002, Suburban News Mayor, City of Grove City, P.O. Publication. Box 427, Grove City, Ohio 43123. Ohio: Lucas ...... Unincorporated February 19, 2002, Feb- Ms. Sandy Isenberg, President, May 28, 2002 ...... 390359 Areas. ruary 26, 2002 Farm- Lucas County, Board of Com- land News. missioners, One Government Center, Suite 800, Toledo, Ohio 43604. Ohio: Franklin City of March 6, 2002, March 13, The Honorable Stewart Flaherty, June 12, 2002 ...... 390179 and Delaware. Westerville. 2002, Westerville News Mayor, City of Westerville, 21 and Public Opinion. South State Street, Westerville, Ohio 43081. Ohio: Franklin City of April 10, 2002, April 17, The Honorable Stewart Flaherty, March 8, 2002 ...... 390179 and Delaware. Westerville. 2002 Westerville News Mayor, City of Westerville, 21 and Public Opinion. South State Street, Westerville, Texas 43081. Oklahoma: Okla- Unincorporated March 22, 2002, March The Honorable Saundra Naifeh, February 28, 2002 ..... 400252 homa. Areas. 29, 2002, The Edmond Mayor, City of Edmond, P.O. Sun. Box 2970, Edmond, Oklahoma 73083. Oklahoma: Tulsa Unincorporated March 7, 2002, March 14, The Honorable Wilbert E. Collins, June 13, 2002 ...... 400462 Areas. 2002, Tulsa World. Chairman, Board of Commis- sioners, 500 South Denver, Tulsa, Oklahoma 74103. Texas: Tarrant .... City of Arlington April 10, 2002, April 17, The Honorable Elzie Odom, July 16, 2002 ...... 485454 2002, The Arlington Mayor, City of Arlington, 101 Morning News. West Abram Street, Arlington, Texas 76004–0231. Texas: Travis ...... City of Austin ..... March 5, 2002, March 12, The Honorable Kirk P. Watson, January 18, 2002 ...... 480624 2002, Austin American Mayor, City of Austin, 124 West Statesman. 8th Street, Austin, Texas 78701. Texas: Travis ...... City of Austin ..... April 30, 2002, May 7, The Honorable Kirk P. Watson, August 6, 2002 ...... 480624 2002, Austin American Mayor, City of Austin, 124 West Statesman. 8th Street, Austin, Texas 78701.
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification number
Texas: Bexar ...... Unincorporated January 17, 2002, Janu- The Honorable Cyndi T. Krier, April 25, 2002 ...... 480035 Areas. ary 24, 2002, San An- Judge, Bexar County, 100 tonio Express News. Dolorosa, Suite 101, San Anto- nio, Texas 78205–3035. Texas: Bexar ...... Unincorporated February 21, 2002, Feb- The Honorable Nelson W. Wolff, May 30, 2002 ...... 480035 Areas. ruary 28, 2002, San Judge, Bexar County, 100 Antonio Express News. Dolorosa, Suite 101, San Anto- nio, Texas 78205–3035. Texas: Johnson .. City of Burleson February 20, 2002, Feb- The Honorable Byron Black, May 29, 2002 ...... 485459 ruary 27, 2002, The Mayor, City of Burleson, 141 Burleson Star. West Renfro, Burleson, Texas 76028. Texas: Comal ..... Unincorporated November 16, 2001, No- The Honorable Danny Scheel, February 22, 2002 ..... 485463 Areas. vember 23, 2001, New Judge, Comal County, 150 Braunfels Herald- North Seguin Street, New Zeitung. Braunfels, Texas 78130. Texas: Mont- City of Conroe ... February 19, 2002, Feb- The Honorable Carter Moore, May 28, 2002 ...... 480484 gomery. ruary 26, 2002, The Mayor, City of Conroe, P.O. Box Courier. 3066, Conroe, Texas 77305. Texas: Denton .... Town of Corinth April 3, 2002, April 10, The Hon. Shirley Spellerberg, July 10, 2002 ...... 481143 2002, Lake Cities Sun Mayor, Town of Corinth, 2003 Paper. South Corinth, Corinth, Texas 76205. Texas: Dallas ...... City of Dallas ..... January 24, 2002, Janu- The Honorable Ron Kirk, Mayor, May 1, 2002 ...... 480171 ary 31, 2002, Dallas City of Dallas, 1500 Marilla Morning News. Street, City Hall, Dallas, Texas 75201. Texas: Tarrant .... City of Fort March 20, 2002, March The Honorable Kenneth Barr, June 26, 2002 ...... 480569 Worth. 27, 2002, Fort Worth Mayor, City of Fort Worth, 1000 Star-Telegram. Throckmorton Street, Fort Worth, Texas 76102–6311. Texas: Tarrant .... City of Fort April 3, 2002, April 10, The Honorable Kenneth Barr, July 10, 2002 ...... 480596 Worth. 2002, Fort Worth Star- Mayor, City of Fort Worth, 1000 Telegram. Throckmorton Street, Fort Worth, Texas 76102–6311. Texas: Dallas ...... City of Garland .. March 7, 2002, March 14, The Honorable Jim Spence, June 13, 2002 ...... 485471 2002, Garland Morning Mayor, City of Garland, 200 News. North 5th Street, P.O. Box 469002, Garland, Texas 76046– 9002. Texas: Harris ...... City of Houston January 10, 2002, Janu- The Honorable Lee P. Brown, April 18, 2002 ...... 480296 ary 17, 2002, Houston Mayor, City of Houston, P.O. Chronicle. Box 1562 Houston, Texas 77251. Texas: Williamson City of Hutto ...... February 21, 2002, Feb- The Honorable Glen Pierce, May 30, 2002 ...... 481047 ruary 28, 2002, Hutto Mayor, City of Hutto, P.O. Box Herald. 280, Hutto, Texas 78634. Texas: Dallas ...... City of Irving ...... April 4, 2002, April 11, The Honorable Joe H. Putnam, March 8, 2002 ...... 480180 2002 The Irving Morn- Mayor, City of Irving, P.O. Box ing News. 152288, Irving, TX 75015–2288. Texas: Midland ... City of Midland .. May 2, 2002, May 9, The Honorable Michael J. Canon, August 8. 2002 ...... 480477 2002, Midland Re- Mayor, City of Midland, City porter-Telegram. Hall, 300 N. Loraine, Midland, Texas 79701. Texas: Mont- Unincorporated March 6, 2002, March 13, The Honorable Alan B. Sadler, June 12, 2002 ...... 480483 gomery. Areas. 2002, The Courier. Judge, Montgomery County, 301 North Thompson Street, Suite 201, Conroe, Texas 77301. Texas: Mont- Unincorporated March 20, 2002, March The Honorable Alan B. Sadler, February 26, 2002 ..... 480483 gomery. Areas. 27, 2002, The Courier. Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, Texas 77301. Texas: Mont- Unincorporated March 21, 2002, March The Honorable Alan B. Sadler, March 1, 2002 ...... 480483 gomery. Areas. 28, 2002, The Courier. Judge, Montgomery County, 301 North Thompson Street, Suite 210, Conroe, Texas 77301.
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification number
Texas: Tarrant .... City of North January 8, 2002, January The Honorable Charles Scoma, December 19, 2001 .. 480607 Richland Hills. 15, 2002, Fort Worth Mayor, City of North Richland Star-Telegram. Hills, P.O. Box 820609, North Richland Hills, Texas 76182. Texas: Tarrant .... City of North March 4, 2002, March 11, The Honorable Charles Scoma, January 23, 2002 ...... 480607 Richland Hills. 2002, Fort Worth Star- Mayor, City of North Richland Telegram. Hills, P.O. Box 820609, North Richland Hills, Texas 76182. Texas: Mont- City of Oak March 6, 2002, March 13, The Honorable Joe Michels, June 12, 2002 ...... 481560 gomery. Ridge North. 2002, The Courier. Mayor, City of Oak Ridge North, City Hall, 27424 Robinson Road, Oak Ridge North, TX 77385. Texas: Collin ...... City of Plano ...... February 20, 2002, Feb- The Honorable Jeran Akers, May 29, 2002 ...... 480140 ruary 27, 2002, Plano Mayor, City of Plano, P.O. Box Star Courier. 860358, Plano, Texas 75086– 0358. Texas: Rockwall City of Rockwall March 22, 2002, March The Honorable Scott Self, Mayor, March 1, 2002 ...... 480547 29, 2002, The City of Rockwall, 205 West Rockwall/Rowlett Morn- Rusk, Rockwall, TX 75087. ing News. Texas: Tarrant .... Unincorporated April 3, 2002, April 10, The Honorable Tom Vandergriff, July 10, 2002 ...... 480582 Areas. 2002, Fort Worth Star- Judge, Tarrant County, 100 Telegram. East Weatherford Street, Fort Worth, Texas 76196–0101. Texas: Travis ...... Unincorporated March 6, 2002, March 13, The Honorable Samuel T. Briscoe, June 12, 2002 ...... 481026 Areas. 2002, Austin American- Judge, Travis County, P.O. Box Statesman. 1748, Austin, Texas 78767– 1748. Texas: Collin ...... City of Wylie ...... March 20, 2002, March The Honorable John Mondy, March 1, 2002 ...... 480759 27, 2002, Wylie News. Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098.
(Catalog of Federal Domestic Assistance No. for the listed communities prior to this determinations are available for 83.100, ‘‘Flood Insurance.’’) date. inspection. The modifications are made pursuant Dated: May 14, 2002. ADDRESSES: The modified BFEs for each Robert F. Shea, to section 206 of the Flood Disaster community are available for inspection Protection Act of 1973, 42 U.S.C. 4105, Acting Administrator, Federal Insurance and at the office of the Chief Executive Mitigation Administration. and are in accordance with the National Officer of each community. The Flood Insurance Act of 1968, 42 U.S.C. [FR Doc. 02–12655 Filed 5–20–02; 8:45 am] respective addresses are listed in the 4001 et seq., and with 44 CFR part 65. BILLING CODE 6718–04–P table below. For rating purposes, the currently FOR FURTHER INFORMATION CONTACT: effective community number is shown FEDERAL EMERGENCY Matthew B. Miller, P.E., Chief, Hazards and must be used for all new policies MANAGEMENT AGENCY Study Branch, Federal Insurance and and renewals. Mitigation Administration, 500 C Street, The modified BFEs are the basis for 44 CFR Part 65 SW., Washington, DC 20472, (202) 646– the floodplain management measures 3461 or (e-mail) [email protected]. that the community is required to either Changes in Flood Elevation adopt or to show evidence of being SUPPLEMENTARY INFORMATION: Determinations FEMA already in effect in order to qualify or makes the final determinations listed to remain qualified for participation in AGENCY: Federal Emergency below of the final determinations of the National Flood Insurance Program Management Agency, (FEMA). modified BFEs for each community (NFIP). ACTION: Final rule. listed. These modified elevations have These modified BFEs, together with been published in newspapers of local the floodplain management criteria SUMMARY: Modified Base (1-percent- circulation and ninety (90) days have required by 44 CFR 60.3, are the annual-chance) Flood Elevations (BFEs) elapsed since that publication. The minimum that are required. They are finalized for the communities listed Acting Administrator, Federal Insurance should not be construed to mean that below. These modified elevations will and Mitigation Administration, has the community must change any be used to calculate flood insurance resolved any appeals resulting from this existing ordinances that are more premium rates for new buildings and notification. stringent in their floodplain their contents. The modified BFEs are not listed for management requirements. The EFFECTIVE DATES: The effective dates for each community in this notice. community may at any time enact these modified BFEs are indicated on However, this rule includes the address stricter requirements of its own, or the table below and revise the Flood of the Chief Executive Officer of the pursuant to policies established by other Insurance Rate Maps ((FIRMs) in effect community where the modified BFE Federal, State, or regional entities.
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These modified BFEs are used to meet Flexibility Act because modified base List of Subjects in 44 CFR Part 65 the floodplain management flood elevations are required by the requirements of the NFIP and are also Flood Disaster Protection Act of 1973, Flood insurance, Floodplains, used to calculate the appropriate flood 42 U.S.C. 4105, and are required to Reporting and recordkeeping insurance premium rates for new maintain community eligibility in the requirements. buildings built after these elevations are NFIP. No regulatory flexibility analysis Accordingly, 44 CFR Part 65 is made final, and for the contents in these has been prepared. amended as follows: buildings. Regulatory Classification. This final rule is not a significant regulatory action The changes in BFEs are in PART 65—[AMENDED] under the criteria of Section 3(f) of accordance with 44 CFR 65.4. National Executive Order 12866 of September 30, Environmental Policy Act. This rule is 1. The authority citation for Part 65 1993, Regulatory Planning and Review, categorically excluded from the continues to read as follows: 58 FR 51735. requirements of 44 CFR part 10, Executive Order 12612, Federalism. Authority: 42 U.S.C. 4001 et seq.; Environmental Consideration. No This rule involves no policies that have Reorganization Plan No. 3 of 1978, 3 CFR, environmental impact assessment has federalism implications under Executive 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, been prepared. Order 12612, Federalism, dated October 3 CFR, 1979 Comp., p. 376. Regulatory Flexibility Act. The Acting 26, 1987. § 65.4 [Amended] Administrator, Federal Insurance and Executive Order 12778, Civil Justice Mitigation Administration, certifies that Reform. This rule meets the applicable 2. The tables published under the this rule is exempt from the standards of Section 2(b)(2) of Executive authority of § 65.4 are amended as requirements of the Regulatory Order 12778. follows:
Dates and names of State and county Location newspaper where notice Chief executive officer of Effective date of Community was published community modification No.
Arkansas: City of Jonesboro September 4, 2001, Sep- The Honorable Hubert Brodell, Aug. 15, 2001 ...... 050048 Craighead tember 11, 2001, The Mayor, City of Jonesboro, P.O. (FEMA Docket Jonesboro Sun. Box 1845, Jonesboro, Arkansas No. 7608). 72403–1845. Arkansas: Pope City of Russell- August 21, 2001, August The Honorable Raye Turner, July 30, 2001 ...... 050178 (FEMA Docket ville. 28, 2001, The Courier. Mayor, City of Russellville, P.O. No. 7606). Box 428, Russellville, Arkansas 72801. Illinois: Lake (FEMA Village of Lake August 16, 2001, August The Honorable James Krischke, July 18, 2001 ...... 170376 Docket No. Zurich. 23, 2001, Lake Zurich Mayor, Village of Lake Zurich, 70 7606). Courier. East Main Street, Lake Zurich, Il- linois 60047. Will (FEMA Unincorporated July 24, 2001, July 31, Mr. Joseph L. Mikan, Will County Oct. 30, 2001 ...... 170695 Docket No. Areas. 2001, Chicago Sun- Executive, 302 North Chicago 7606). Times. Street, Joliet, Illinois 60432. Indiana: Howard Unincorporated October 23, 2001, October Mr. John Harbaugh, President, Oct. 12, 2001 ...... 180414 (FEMA Areas. 30, 2001, Kokomo Trib- Howard County, Board of Com- Docket No. une. missioners, 230 North Main, Ko- 7608). komo, Indiana 46901. Howard City of Kokomo ... October 23, 2001, October The Honorable James Trobaugh, Oct. 12, 2001 ...... 180093 (FEMA 30, 2001, Kokomo Trib- Mayor, City of Kokomo, 100 Docket No. une. South Union Street, Kokomo, In- 7608). diana 46901. Iowa: Black Hawk City of Cedar July 24, 2001, July 31, The Honorable Jon Crews, Mayor, June 22, 2001 ...... 190017 (FEMA Docket Falls. 2001, Waterloo Cedar City of Cedar Falls, 220 Clay No. 7606). Falls Courier. Street, Cedar Falls, Iowa 50613. Minnesota: Wi- Unincorporated December 21, 2001, De- Mr. David Stoltman, Chairperson, Mar. 29, 2002 ...... 270525 nona (FEMA Areas. cember 28, 2001, Wi- Winona County, Board of Com- Docket No. nona Daily News. missioners, 177 Main Street, Wi- 7608). nona, Minnesota 55987. Missouri: St. Charles City of Cottleville October 5, 2001, October The Honorable Robert Powers, Jan. 11, 2002 ...... 290898 (FEMA 12, 2001, St. Charles Mayor, City of Cottleville, P. O. Docket No. Journal. Box 387, Cottleville, Missouri 7608). 63338. St. Charles Unincorporated October 5, 2001, October Mr. Joe Ortwerth, St. Charles Jan. 11, 2002 ...... 290315 (FEMA Areas. 12, 2001, St. Charles County Executive, 201 North Docket No. Journal. Second Street, St. Charles, Mis- 7608). souri 63301. Marion Unincorporated August 1, 2001, August 8, Mr. Lyndon, Presiding Commis- July 9, 2001 ...... 290222 (FEMA Areas. 2001, Palmyra Spec- sioner, Marion County, 100 Docket No. tator. South Main Street, Palmyra, Mis- 7606). souri 63461.
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Dates and names of State and county Location newspaper where notice Chief executive officer of Effective date of Community was published community modification No.
Ohio: Lorain City of Avon Lake October 24, 2001, October The Honorable Robert Berner, Jan. 30, 2002 ...... 390602 (FEMA Docket 31, 2001, The Morning Mayor, City of Avon Lake, 150 No. 7608). Journal. Avon Belden Road, Avon Lake, Ohio 44012–1699. Oklahoma: Tulsa (FEMA City of Broken November 1, 2001, No- The Honorable Jim Reynolds, Feb. 7, 2002 ...... 400236 Docket No. Arrow. vember 8, 2001, Broken Mayor, City of Broken Arrow, 220 7608). Arrow Ledger. South First Street, Broken Arrow, Oklahoma 74012. Tulsa (FEMA City of Broken October 18, 2001, October The Honorable Jim Reynolds, Jan. 24, 2002 ...... 400236 Docket No. Arrow. 25, 2001, Broken Arrow Mayor, City of Broken Arrow, 7608). Ledger. P.O. Box 610, Broken Arrow, Oklahoma 74013. Oklahoma City of Edmond .. November 1, 2001, No- The Honorable Saundra Naifeh, Oct. 15, 2001 ...... 400252 (FEMA vember 8, 2001, The Mayor, City of Edmond, 100 E. Docket No. Edmond Sun. First, Edmond, Oklahoma 73034. 7608). Oklahoma City of Oklahoma December 5, 2001, De- The Hon. Kirk Humphreys, Mayor, Mar. 13, 2002 ...... 405378 (FEMA City. cember 12, 2001, The City of Oklahoma City, 200 North Docket No. Daily Oklahoman. Walker, Suite 302, Oklahoma 7608). City, Oklahoma 73102. Texas: Comal Unincorporated November 16, 2001, No- The Honorable Danny Scheel, Feb. 22, 2002 ...... 485463 (FEMA Areas. vember 23, 2001, New Judge, Comal County, 150 North Docket No. Braunfels Herlad- Seguin Street, New Braunfels, 7608). Zeitung. Texas 78130. Dallas and City of Cedar Hill October 19, 2001, October The Hon. Robert L. Franke, Mayor, Jan. 24, 2002 ...... 480168 Ellis 26, 2001, Southwest City of Cedar Hill, P.O. Box 96, (FEMA Morning News.. Cedar Hill, Texas 75106. Docket No. 7608). Denton City of Denton .... November 14, 2001, No- The Honorable Euline Brock, Feb. 20, 2002 ...... 480194 (FEMA vember 21, 2001, Den- Mayor, City of Denton, 215 East Docket No. ton Record Chronicle. McKinney Street, Denton, Texas 7608). 76201. Collin (FEMA City of Frisco ...... December 12, 2001, De- The Honorable Kathy Seei, Mayor, Mar. 20, 2002 ...... 480134 Docket No. cember 19, 2001, Plano City of Frisco, 6891 Main Street, 7608). Star Courier. Frisco, Texas 75034. Dallas City of Garland ... December 20, 2001, De- The Honorable Jim Spence, Mayor, Nov. 9, 2001 ...... 485471 (FEMA cember 27, 2001, Gar- City of Garland, P. O. Box Docket No. land Morning News. 469002, Garland, Texas 75046– 7608). 9002. Dallas and City of Grand October 19, 2001, October The Hon. Charles England, Mayor, Jan. 24, 2001 ...... 485472 Ellis Prairie. 26, 2001, Arlington City of Grand Prairie, 317 Col- (FEMA Morning News. lege Street, P. O. Box 534045, Docket No. Grand Prairie, Texas 75053. 7608). Ellis, Tarrant City of Grand November 14, 2001, No- The Hon. Charles England, Mayor, Oct. 17, 2001 ...... 485472 and Dallas Prairie. vember 21, 2001, Ar- City of Grand Prairie, 317 Col- (FEMA lington Morning News. lege Street, P. O. Box 534045, Docket No. Grand Prairie, Texas 75053. 7608). Tarrant City of Haltom July 24, 2001, July 31, Mr. Joel A. Guerrero, Floodplain Oct. 30, 2001 ...... 480599 (FEMA City. 2001, Fort Worth Star Administrator, City of Haltom Docket No. Telegram. City, 5024 Broadway Avenue, 7606). Haltom City, Texas 76117. Harris (FEMA Unincorporated August 16, 2001, August The Honorable Robert Eckels, Har- Nov. 22, 2001 ...... 480287 Docket No. Areas. 23, 2001, Houston ris County Judge, 1001 Preston 7606). Chronicle. Street, Suite 911, Houston, Texas 77002. Harris (FEMA Unincorporated August 21, 2001, August The Honorable Robert Eckels, Nov. 27, 2001 ...... 480287 Docket No. Areas. 28, 2001, Houston Judge Harris County, 1001 Pres- 7606). Chronicle. ton Street, Suite 911, Houston, Texas 77002. Harris (FEMA City of Houston .. August 21, 2001, August The Honorable Lee P. Brown, Nov. 27, 2001 ...... 480296 Docket No. 28, 2001, Houston Mayor, City of Houston, P. O. 7606). Chronicle. Box 1562, Houston, Texas 77251–1562. Dallas City of Irving ...... December 20, 2001, De- The Honorable Joe H. Putnam, Mar. 28, 2002 ...... 480180 (FEMA cember 27, 2001, The Mayor, City of Irving, P. O. Box Docket No. Irving Morning News. 152288, 825 West Irving Boule- 7608). vard, Irving, Texas 75015–2288.
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Dates and names of State and county Location newspaper where notice Chief executive officer of Effective date of Community was published community modification No.
Galveston City of League December 13, 2001, De- The Hon. A. T. Frankovich, Mayor, Mar. 21, 2002 ...... 485488 (FEMA City. cember 20, 2001, The City of League City, City Hall, Docket No. Galveston County Daily Suite 216, 200 West Walker, 7608). News. League City, Texas 77573. Ellis (FEMA City of Midlothian November 8, 2001, No- The Honorable Daid Setzer, Mayor, Feb. 14, 2002 ...... 480801 Docket No. vember 15, 2001, The City of Midlothian, 104 West Ave- 7608). Midlothian Mirror. nue E, Midlothian, Texas 76065. Tarrant City of North July 24, 2001, July 31, The Honorable Charles Scoma, Oct. 30, 2001 ...... 480607 (FEMA Richland Hills. 2001, Fort Worth Star- Mayor, City of N. Richland Hills, Docket No. Telegram. P. O. Box 820609, North Rich- 7606). land Hils, Texas 76182. Tarrant City of North June 22, 2001, June 29, The Honorable Charles Scoma, June 12, 2001 ...... 480607 (FEMA Richland Hills. 2001, Fort Worth Star- Mayor, City of N. Richland Hills, Docket No. Telegram. P. O. Box 820609, North Rich- 7604). land Hills, Texas 76182. Tarrant City of North August 23, 2001, August The Honorable Charles Scoma, July 31, 2001 ...... 480607 (FEMA Richland Hills. 30, 2001, Fort Worth Mayor, City of N. Richland Hills, Docket No. Star-Telegram. P.O. Box 820609, North Richland 7606). Hills, Texas 76182. Parker Unincorporated September 12, 2001, Sep- The Honorable Mark Riley, Parker Aug. 9, 2001 ...... 480520 (FEMA Areas. tember 19, 2001, County Judge, 1 Court House Docket No. Weatherford Democrat. Square Weatherford, Texas 7608). 76086. Collin and City of Richard- November 20, 2001, No- The Honorable Gary A. Slagel, Feb. 26, 2002 ...... 480184 Dallas son. vember 27, 2001, Dallas Mayor, City of Richardson, P. O. (FEMA Morning News. Box 830309, Richardson, Texas Docket No. 75083. 7608). Tarrant City of Richland July 24, 2001, July 31, Mr. John W. Cherry, P.E., Director, Oct. 30, 2001 ...... 480608 (FEMA Hills. 2001, Fort Worth Star- Department of Public Works, City Docket No. Telegram. of Richland Hills, 6700 Rena 7606). Drive, Richland Hills, Texas 76118. Bexar (FEMA City of San Anto- December 21, 2001, De- The Honorable Ed Garza, Mayor, March 29, 2002 ...... 480045 Docket No. nio. cember 28, 2001, San City of San Antonio, P.O. Box 7608). Antonio Express-News. 839966, San Antonio, Texas 78283. Tarrant City of Southlake August 3, 2001, August The Honorable Rick Stacy, Mayor, Nov. 9, 2001 ...... 480612 (FEMA 10, 2001, Fort Worth City of Southlake, 1400 Main Docket No. Star-Telegram. Street, Suite 270, Southlake, 7606). Texas 76092. Harris (FEMA City of Tomball ... July 25, 2001, August 1, The Hon. Hap Harrington, Mayor, Oct. 31, 2001 ...... 480315 Docket No. 2001, Tomball Magnolia City of Tomball, 401 West Market 7606). Tribune. Street, Tomball, Texas 77375.
(Catalog of Federal Domestic Assistance No. SUMMARY: Modified base (1% annual Emergency Management Agency, 500 C 83.100, ‘‘Flood Insurance.’’) chance) flood elevations are finalized Street SW., Washington, DC 20472, Dated: May 14, 2002. for the communities listed below. These (202) 646–3461, or (email) Robert F. Shea, modified elevations will be used to [email protected]. calculate flood insurance premium rates Acting Administrator, Federal Insurance and SUPPLEMENTARY INFORMATION: The for new buildings and their contents. Mitigation Administration. Federal Emergency Management Agency [FR Doc. 02–12658 Filed 5–20–02; 8:45 am] EFFECTIVE DATES: The effective dates for makes the final determinations listed these modified base flood elevations are BILLING CODE 6718–04–P below of modified base flood elevations indicated on the following table and for each community listed. These revise the Flood Insurance Rate Map(s) modified elevations have been FEDERAL EMERGENCY (FIRMs) in effect for each listed published in newspapers of local MANAGEMENT AGENCY community prior to this date. circulation and ninety (90) days have ADDRESSES: The modified base flood elapsed since that publication. The 44 CFR Part 65 elevations for each community are Acting Executive Associate Director has available for inspection at the office of resolved any appeals resulting from this Changes in Flood Elevation the Chief Executive Officer of each notification. Determinations community. The respective addresses The modified base flood elevations are listed in the following table. are not listed for each community in AGENCY: Federal Emergency FOR FURTHER INFORMATION CONTACT: this notice. However, this rule includes Management Agency, FEMA. Matthew B. Miller, P.E., Chief, Hazards the address of the Chief Executive ACTION: Final rule. Study Branch, Federal Insurance and Officer of the community where the Mitigation Administration, Federal modified base flood elevation
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determinations are available for pursuant to policies established by other 1993, Regulatory Planning and Review, inspection. Federal, state or regional entities. 58 FR 51735. The modifications are made pursuant These modified elevations are used to Executive Order 12612, Federalism. to section 206 of the Flood Disaster meet the floodplain management This rule involves no policies that have Protection Act of 1973, 42 U.S.C. 4105, requirements of the NFIP and are also federalism implications under Executive and are in accordance with the National used to calculate the appropriate flood Order 12612, Federalism, dated October Flood Insurance Act of 1968, 42 U.S.C. insurance premium rates for new 26, 1987. 4001 et seq., and with 44 CFR part 65. buildings built after these elevations are Executive Order 12778, Civil Justice For rating purposes, the currently made final, and for the contents in these Reform. This rule meets the applicable buildings. effective community number is shown standards of Section 2(b)(2) of Executive The changes in base flood elevations and must be used for all new policies Order 12778. are in accordance with 44 CFR 65.4. and renewals. National Environmental Policy Act. This List of Subjects in 44 CFR Part 65 The modified base flood elevations rule is categorically excluded from the are the basis for the floodplain requirements of 44 CFR part 10, Flood insurance, Floodplains, management measures that the Environmental Consideration. No Reporting and recordkeeping community is required to either adopt environmental impact assessment has requirements. or to show evidence of being already in been prepared. Accordingly, 44 CFR Part 65 is effect in order to qualify or to remain Regulatory Flexibility Act. The Acting amended as follows: qualified for participation in the Executive Associate Director, Mitigation National Flood Insurance Program Directorate, certifies that this rule is PART 65—[AMENDED] (NFIP). exempt from the requirements of the These modified elevations, together Regulatory Flexibility Act because 1. The authority citation for Part 65 with the floodplain management criteria modified base flood elevations are continues to read as follows: required by 44 CFR 60.3, are the required by the Flood Disaster Authority: 42 U.S.C. 4001 et seq.; minimum that are required. They Protection Act of 1973, 42 U.S.C. 4105, Reorganization Plan No. 3 of 1978, 3 CFR, should not be construed to mean that and are required to maintain community 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the community must change any eligibility in the NFIP. No regulatory 3 CFR, 1979 Comp., p. 376. existing ordinances that are more flexibility analysis has been prepared. § 65.4 [Amended] stringent in their floodplain Regulatory Classification. This final management requirements. The rule is not a significant regulatory action 2. The tables published under the community may at any time enact under the criteria of Section 3(f) of authority of § 65.4 are amended as stricter requirements of its own, or Executive Order 12866 of September 30, follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Connecticut: Fairfield Town of Green- November 15, 2001, No- Ms. Lolly H. Prince, First Select- Nov. 5, 2001 ...... 090008 C (FEMA wich. vember 22, 2001, man of the Town of Greenwich, Docket No. Greenwich Times. 101 Field Point Road, Green- D–7517). wich, Connecticut 06830. Fairfield Town of Green- December 21, 2001, De- Mr. Richard Bergstresser, First Se- Dec. 7, 2001 ...... 090008 C (FEMA wich. cember 28, 2001, lectman for the Town of Green- Docket No. Greenwich Times. wich, 101 Field Point Road, D–7519). Greenwich, Connecticut 06830. New Haven City of Meriden ... November 30, 2001, De- The Honorable Joseph J. Marinan, Nov. 19, 2001 ...... 090081 C (FEMA cember 7, 2001, Jr., Mayor of the City of Meriden, Docket No. Record-Journal. 142 East Main Street, Meriden, D–7519). Connecticut 06450–8022. Florida: Lee (FEMA Unincorporated September 27, 2001, Oc- Mr. Doug St. Cerny, Chairman of Sept. 20, 2001 ...... 125124 B Docket No. Areas. tober 4, 2001, News- the Lee County Board of County D–7517). Press. Commissioners, P.O. Box 398, Fort Myers, Florida 33902. Santa Rosa Unincorporated December 4, 2001, De- Mr. Hunter Walker, Santa Rosa Nov. 27, 2001 ...... 120274 C (FEMA Areas. cember 11, 2001, The County Administrator, 6495 Caro- Docket No. Pensacola News Jour- line Street, Suite D, Milton, Flor- D–7521). nal. ida 32570–4592. Sarasota City of Sarasota December 5, 2001, De- The Honorable Carolyn Mason, Nov. 28, 2001 ...... 125150 C (FEMA cember 12, 2001, Sara- Mayor of the City of Sarasota, Docket No. sota Herald Tribute. P.O. Box 1058, Sarasota, Florida D–7521). 34230. Leon (FEMA City of Tallahas- September 28, 2001, Oc- The Honorable Scott Maddox, Jan. 4, 2002 ...... 120144 D Docket No. see. tober 5, 2001, Tallahas- Mayor of the City of Tallahassee, D–7517). see Democrat. 300 South Adams Street, Talla- hassee, Florida 32301–1731. Georgia:
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Fulton City of Alpharetta October 11, 2001, October The Honorable Charles E. Martin, Jan. 17, 2001 ...... 130084 E (FEMA 18, 2001, The Review & Jr., Mayor of the City of Docket No. News. Alpharetta, City Hall, 2 South D–7521). Main Street, Alpharetta, Georgia 30004. Columbia Unincorporated October 25, 2001, Novem- Mr. Barry Fleming, Chairman of the Oct. 18, 2001 ...... 130059 B (FEMA Areas. ber 1, 2001, The Au- Columbia County Board of Com- Docket No. gusta Chronicle. missioners, 630 Ronald Reagan D–7521). Drive, Evans, Georgia 30809. Columbia Unincorporated November 8, 2001, No- Mr. Barry Flemming, Chairman of Nov. 1, 2001 ...... 130059 A (FEMA Areas. vember 15, 2001, The the Columbia County Board of Docket No. Augusta Chronicle. Commissioners, 630 Ronald D–7521). Reagan Drive, Evans, Georgia 30809. Fulton Unincorporated October 25, 2001, Novem- Mr. Thomas Andrews, Fulton Coun- Jan. 31, 2002 ...... 135160 E (FEMA Areas. ber 8, 2001, The Atlanta ty Manager, 141 Pryor Street Docket No. Daily World. S.W., Fulton County Government D–7521). Center, Atlanta, Georgia 30303. Gwinnett Unincorporated September 27, 2001, Oc- Mr. Wayne Hill, Chairman of the Sept. 20, 2001 ...... 130322 (FEMA Areas. tober 4, 2001, Gwinnett Gwinnett County Board of Com- B&C Docket No. Daily Post. missioners, Justice and Adminis- D–7517). tration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Gwinnett Unincorporated August 23, 2001, August Mr. Wayne Hill, Chairman of the Nov. 29, 2001 ...... 130322 C (FEMA Areas. 30, 2001, Gwinnett Daily Gwinnett County Board of Com- Docket No. Post. missioners, Justice and Adminis- D–7515). tration Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Bibb and City of Macon ..... September 25, 2001, Oc- The Honorable Jack Ellis, Mayor of Jan. 1, 2002 ...... 130011 E Jones tober 4, 2001, The the City of Macon, 700 Poplar (FEMA Macon Telegraph. Street, Macon, Georgia 31201. Docket No. D–7517). Illinois: Cook (FEMA Village of Arling- November 2, 2001, No- The Honorable Arlene J. Malder, Feb. 8, 2002 ...... 170056 F Docket No. ton Heights. vember 9, 2001, Daily Mayor of the Village of Arlington D–7521). Herald. Heights, Arlington Heights Village Hall, 33 South Arlington Road, Arlington Heights, Illinois 60005. Cook ...... Unincorporated January 25, 2002, The Mr. John H. Stroger, Jr., President, Feb. 24, 2002 ...... 170054 F Areas. Daily Southtown. Cook County Board of Commis- sioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602. Cook ...... Village of Willow January 25, 2002, The The Honorable Terrence Carr, Feb. 24, 2002 ...... 170174 F Springs. Daily Southtown. Mayor of the Village of Willow Springs, 8156 South Archer Ave- nue, Willow Springs, Illinois 60480. Indiana: Lake (FEMA Town of Dyer ...... December 14, 2001, De- Mr. Glen Eberly, President, Town Dec. 6, 2001 ...... 180129 D Docket No. cember 21, 2001, Daily of Dyer Board of Trustees, One D–7519). Herald. Town Square, Dyer, Indiana 46311. Lake (FEMA Town of December 14, 2001, De- Mr. Richard Kramer, Manager of Dec. 6, 2001 ...... 180142 B Docket No. Schererville. cember 21, 2001, Daily the Town of Schererville, 833 D–7519). Herald. West Lincoln Highway, Suite B20W, Schererville, Indiana 46375. Maine: York (FEMA Town of Alfred .... September 27, 2001, Oc- Mr. Perley Yeaton, Chairperson of Sept. 19, 2001 ...... 230191C Docket No. tober 4, 2001, The San- the Board of Selectmen for the D–7517). ford News. Town of Alfred, P.O. Box 667, Al- fred, Maine 04002. Aroostook Town of Fort November 28, 2001, De- Mr. Dan K. Foster, Manager of the Nov. 19, 2001 ...... 230018 B (FEMA Fairfield. cember 5, 2001, Fort Town of Fort Fairfield, P.O. Box Docket No. Fairfield Press. 350, Fort Fairfield, Maine 04742. D–7519). Knox (FEMA Town of North November 22, 2001, No- Mr. Dake Collins, Town of North Nov. 13, 2001 ...... 230228 B Docket No. Haven. vember 29, 2001, The Haven Administrator, P.O. Box D–7519). Courier-Gazette. 400, North Haven, Maine 04853.
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Cumberland Town of Scar- November 30, 2001, De- Mr. Ronald W. Owens, Manager of Nov. 19, 2001 ...... 230052 D (FEMA borough. cember 7, 2001, Port- the Town of Scarborough, P.O. Docket No. land Press Herald. Box 360, Scarborough, Maine D–7521). 04070–0360. Knox (FEMA Town of St. October 18, 2001, October Mr. John Falla, St. George Town Oct. 12, 2001 ...... 230229 C Docket No. George. 25, 2001, Courier-Ga- Manager, P.O. Box 131, Tenants D–7517). zette. Harbor, Maine 04860. Maryland: Frederick City of Frederick November 14, 2001, No- The Honorable James Grimes, Oct. 30, 2001 ...... 240030 B (FEMA vember 21, 2001, Fred- Mayor of the City of Frederick, Docket No. erick News Post. 101 North Court Street, Fred- D–7517). erick, Maryland 21701. Frederick City of Frederick November 19, 2001, No- The Honorable James Grimes, Nov. 1, 2001 ...... 240030 B (FEMA vember 26, 2001, Fred- Mayor of the City of Frederick, Docket No. erick News Post. 101 North Court Street, Fred- D–7521). erick, Maryland 21701. Frederick Unincorporated November 14, 2001, No- Mr. Ron Hart, Frederick County Oct. 30, 2001 ...... 240027 B (FEMA Areas. vember 21, 2001, Fred- Manager, 12 East Church Street, Docket No. erick News Post. Frederick, Maryland 21701. D–7517). Massachusetts: Plymouth Town of Hanover December 12, 2001, De- Office of the Chairman of the Board Mar. 13, 2002 ...... 250266 B (FEMA cember 19, 2001, Han- of Selectmen, Town Hall, 550 Docket No. over Mariner. Hanover Street, Hanover, Massa- D–7521). chusetts 02339. Michigan: Wayne Township of Can- October 18, 2001, October Mr. Thomas J. Yack, Township of Jan. 24, 2002 ...... 260219 B (FEMA ton. 25, 2001, The Observer Canton Supervisor, 1150 South Docket No. & Eccentric. Canton Center Road, Canton, D–7517). Michigan 48188. New Jersey: Cape May City of North October 10, 2001, October The Honorable Aldo A. Palombo, Sept. 19, 2001 ...... 345308 E (FEMA Wildwood. 17, 2001, The Leader. Mayor of the City of North Wild- Docket No. wood, Municipal Building, 901 At- D–7517). lantic Avenue, North Wildwood, New Jersey 08260. North Carolina: Wake (FEMA Town of Cary ...... May 24, 2001, May 31, The Honorable Glenn D. Lang, August 29, 2001 ...... 370238 E Docket No. 2001, The Cary News. Mayor of the Town of Cary, P.O. D–7513). Box 8005, Cary, North Carolina 27512. Wake (FEMA Town of Cary ...... November 23, 2001, No- The Honorable Glenn D. Lang, July 26, 2001 ...... 370238 E Docket No. vember 30, 2001, The Mayor of the Town of Cary, 318 D–7521). News and Observer. North Academy Street, P.O. Box 8005, Cary, North Carolina 27512. Dare (FEMA Unincorporated August 23, 2001, August Mr. Moncie L. Daniels, Chairman of Aug. 16, 2001 ...... 375348E Docket No. Areas. 30, 2001, Coastland the Board of Commissioners, D–7515). Times. P.O. Box 1000, Manteo, North Carolina 27954. Ohio: Warren City of Mason ..... September 5, 2001, Sep- The Honorable John McCurley, Aug. 30, 2001 ...... 390559 C (FEMA tember 12, 2001, Pulse- Mayor of the City of Mason, 202 Docket No. Journal. West Main Street, Mason, Ohio D–7517). 45040. Pennsylvania: Dauphin Township of East November 30, 2001, De- Mr. George Rish, Chairman, Town- Nov. 14, 2001 ...... 420377 B (FEMA Hanover. cember 7, 2001, Patriot ship of East Hanover, Board of Docket No. News. Supervisors, 80848 Jonestown D–7521). Road, Grantville, Pennsylvania 17028. Carbon Township of East November 2, 2001, No- Mr. Gordon Scherer, Chairman of Oct. 23, 2001 ...... 421013 B (FEMA Penn. vember 9, 2001, Times the Township of East Penn Docket No. News. Board of Supervisors, 167 Munic- D–7519). ipal Road, Lehighton, Pennsyl- vania 18253. Dauphin Township of December 7, 2001, De- Mr. Gregory J. Ricci, President of Mar. 15, 2002 ...... 420398 B (FEMA Swatara. cember 14, 2001, Pa- the Township of Swatara Board Docket No. triot News. of Commissioners, 599 Eisen- D–7521). hower Boulevard, Swatara, Pennsylvania 17111–2397. Puerto Rico:
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Dates and name of news- State and county Location paper where notice was Chief executive officer of Effective date of Community published community modification No.
Common ...... October 5, 2000, October Mr. Jose R. Cabellero Mercado, Jan. 12, 2001 ...... 720000 wealth. 12, 2000, El Nuevo Dia. President de la Junta de, Planificacion de Puerto Rico, El Piso 13, Oficina 1304, Edificio Norte, Centro Gubernamental Minillas, Santurce, Puerto Rico 00940. Puerto Rico Commonwealth .. October 12, 2001, October The Honorable Sila Maria Jan. 18, 2002 ...... 720000 (FEMA 19, 2001, San Juan Star. Calderon, Governor of the Com- B&C Docket No. monwealth of Puerto Rico, P.O. D–7517). Box 82, La Fortaleza, San Juan, Puerto Rico 00901. South Carolina: Richland Unincorporated June 28, 2001, July 5, Mr. T. Cary McSwain, Richland June 21, 2001 ...... 450170 G (FEMA Areas. 2001, The State. County Administrator, 2020 Docket No. Hampton Street, P.O. Box 192, D–7513). Columbia, South Carolina 29202. Richland Unincorporated December 17, 2001, De- Mr. T. Cary McSwain, Richland Dec. 10, 2001 ...... 450170 G (FEMA Areas. cember 24, 2001, The County Administrator, P.O. Box Docket No. State Newspaper. 192, 2020 Hampton Street, Co- D–7521). lumbia, South Carolina 29202. Tennessee: Williamson City of Brentwood November 23, 2001, No- The Honorable Joseph Reagan, November 16, 2001 .. 470205 C (FEMA vember 30, 2001, The Mayor of the City of Brentwood, Docket No. Review Appeal. 5211 Maryland Way, Brentwood, D–7521). Tennessee 37024. Shelby Town of October 18, 2001, October The Honorable Linda Kerley, Mayor Jan. 31, 2002 ...... 470263 E (FEMA Collierville. 25, 2001, The of the Town of Collierville, 101 Docket No. Collierville Herald. Walnut Street, Collierville, Ten- D–7521). nessee 38017–2671. U.S. Virgin Is- Island of St. Croix November 1, 2001, No- The Honorable Charles W. Oct. 25, 2001 ...... 780000 D lands (FEMA vember 8, 2001, The Turnbull, Governor of the U.S. Docket No. D– Daily News. Virgin Islands, Government 7517). House, 21–22 Kongens Gade, St. Thomas, Virgin Islands 00802. Virginia: Fauquier Unincorporated October 18, 2001, October Mr. G. Robert Lee, Fauquier Coun- Jan. 24, 2002 ...... 510055 A (FEMA Areas. 25, 2001, Fauquier Cit- ty Administrator, 40 Culpeper Docket No. izen. Street, Warrenton, Virginia 20186. D–7517). Henrico Unincorporated October 26, 2001, Novem- Mr. Richard Glover, Chairman of Oct. 12, 2001 ...... 510077 B (FEMA Areas. ber 1, 2001, The Rich- the Henrico County, Board of Su- Docket No. mond Times. pervisors, P.O. Box 27032, Rich- D–7517). mond, Virginia 23273.
(Catalog of Federal Domestic Assistance No. flood elevations are made final for the the Chief Executive Officer of each 83.100, ‘‘Flood Insurance’’) communities listed below. The base community. The respective addresses Dated: May 15, 2002. flood elevations and modified base are listed in the table below. Robert F. Shea, flood elevations are the basis for the FOR FURTHER INFORMATION CONTACT: Acting Administrator, Federal Insurance and floodplain management measures that Matthew B. Miller, P.E., Chief, Hazards Mitigation Administration. each community is required either to Study Branch, Federal Insurance and [FR Doc. 02–12657 Filed 5–20–02; 8:45 am] adopt or to show evidence of being Mitigation Administration, Federal BILLING CODE 6718–04–P already in effect in order to qualify or Emergency Management Agency, 500 C remain qualified for participation in the Street SW., Washington, DC 20472, National Flood Insurance Program (202) 646–3461, or (e-mail) FEDERAL EMERGENCY (NFIP). [email protected]. MANAGEMENT AGENCY EFFECTIVE DATES: The date of issuance of SUPPLEMENTARY INFORMATION: The 44 CFR Part 67 the Flood Insurance Rate Map (FIRM) Federal Emergency Management Agency showing base flood elevations and (FEMA or Agency) makes final Final Flood Elevation Determinations modified base flood elevations for each determinations listed below of base community. This date may be obtained flood elevations and modified base AGENCY: Federal Emergency by contacting the office where the maps flood elevations for each community Management Agency (FEMA). are available for inspection as indicated listed. The proposed base flood ACTION: Final rule. on the table below. elevations and proposed modified base ADDRESSES: The final base flood flood elevations were published in SUMMARY: Base (1% annual chance) elevations for each community are newspapers of local circulation and an flood elevations and modified base available for inspection at the office of opportunity for the community or
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individuals to appeal the proposed PART 67—[AMENDED] #Depth in feet determinations to or through the above ground. *Elevation in community was provided for a period of 1. The authority citation for Part 67 Source of flooding and location feet ninety (90) days. The proposed base continues to read as follows: (NGVD) ∑ Elevation in flood elevations and proposed modified Authority: 42 U.S.C. 4001 et seq.; feet base flood elevations were also Reorganization Plan No. 3 of 1978, 3 CFR, (NAVD) published in the Federal Register. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Approximately 200 feet This final rule is issued in accordance downstream of State with Section 110 of the Flood Disaster § 67.11 [Amended] Route 338 ...... *587 Protection Act of 1973, 42 U.S.C. 4104, Approximately 0.7 mile up- 2. The tables published under the stream of State Route and 44 CFR part 67. authority of § 67.11 are amended as 338 ...... *587 The Agency has developed criteria for follows: Groundhog Creek: floodplain management in floodprone Just upstream of State areas in accordance with 44 CFR part #Depth in feet Route 338 ...... *593 above ground. Approximately 1.7 miles 60. *Elevation in upstream of State Route feet 338 ...... *593 Interested lessees and owners of real Source of flooding and location (NGVD) ∑ Sugarcamp Run: property are encouraged to review the Elevation in Just upstream of State proof Flood Insurance Study and Flood feet (NAVD) Route 124 ...... *601 Insurance Rate Map available at the Approximately 0.8 mile up- address cited below for each OHIO stream of State Route community. 124 ...... *601 Meigs County (Unincor- Indian Run: The base flood elevations and porated Areas) (FEMA Just upstream of State modified base flood elevations are made Docket No. D–7518) Route 124 ...... *602 Approximately 0.9 mile up- final in the communities listed below. Village of Middleport, Vil- stream of State Route Elevations at selected locations in each lage of Pomeroy, Village 124 ...... *602 community are shown. of Racine, Village of Syr- acuse, and Meigs County Meigs County National Environmental Policy Act. (Unincorporated Areas) (Unincorporated Areas) This rule is categorically excluded from Ohio River: Maps available for inspec- the requirements of 44 CFR part 10, Approximately 2 miles up- tion at the Meigs County stream of the down- Courthouse, 100 East Environmental Consideration. No stream county boundary *576 Second Street, Pomeroy, environmental impact assessment has At the upstream county Ohio. been prepared. boundary ...... *602 Village of Middleport Meigs County Maps available for inspec- Regulatory Flexibility Act. The Acting (Unincorporated Areas) tion at the Middleport Vil- Executive Associate Director, Mitigation Little Leading Creek: lage Hall, 237 Race Directorate, certifies that this rule is Approximately 0.8 mile up- Street, Middleport, Ohio. exempt from the requirements of the stream of the Village of Village of Pomeroy Maps available for inspec- Regulatory Flexibility Act because final Rutland corporate limits *578 Approximately 0.9 mile up- tion at the Pomeroy Vil- or modified base flood elevations are stream of the Village of lage Hall, 320 East Main required by the Flood Disaster Rutland corporate limits *578 Street, Pomeroy, Ohio. Protection Act of 1973, 42 U.S.C. 4104, Kerr Run: Village of Racine Maps available for inspec- and are required to establish and Just upstream of the Vil- lage of Pomeroy cor- tion at the Racine Village maintain community eligibility in the porate limits ...... *579 Hall, 405 Main Street, NFIP. No regulatory flexibility analysis Approximately 250 feet Racine, Ohio. has been prepared. upstream of the Village Village of Syracuse of Pomeroy corporate Maps available for inspec- Regulatory Classification. This final limits ...... *579 tion at the Syracuse Vil- rule is not a significant regulatory action Unnamed Tributary to Kerr lage Hall, 2581 Third under the criteria of Section 3(f) of Run: Street, Syracuse, Ohio. Executive Order 12866 of September 30, Just upstream of the Vil- ——— 1993, Regulatory Planning and Review, lage of Pomeroy cor- Scioto County (Unincor- porate limits ...... *579 porated Areas) (FEMA 58 FR 51735. Approximately 50 feet up- Docket No. D–7516) Executive Order 12612, Federalism. stream of the Village of Pomeroy corporate lim- Scioto County This rule involves no policies that have its ...... *579 (Unincorporated Areas), City federalism implications under Executive Unnamed Tributary to Wolf of Portsmouth Order 12612, Federalism, dated October Run: Ohio River: 26, 1987. Approximately 750 feet Approximately 1,270 feet upstream of the con- downstream of the con- Executive Order 12778, Civil Justice fluence with Wolf Run ... *582 fluence of Spencer Run *531 Reform. This rule meets the applicable Approximately 950 feet Approximately 4.2 miles standards of Section 2(b)(2) of Executive upstream of the con- downstream of CSX fluence with Wolf Run ... *582 Transportation ...... *536 Order 12778. Rose Creek: Village of Rarden List of Subjects in 44 CFR Part 67 Approximately 0.8 mile up- Rarden Creek: stream of the con- At Norfolk Southern Rail- Administrative practice and fluence with the Ohio way ...... *615 River ...... *580 At upstream corporate lim- procedure, Flood insurance, Reporting Approximately 1.1 miles its ...... *615 and recordkeeping requirements. upstream of the con- City of Portsmouth fluence with the Ohio Scioto River: Accordingly, 44 CFR Part 67 is River ...... *580 At downstream corporate amended as follows: Johns Run: limits ...... *535
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#Depth in feet FEDERAL EMERGENCY The Agency has developed criteria for above ground. floodplain management in floodprone *Elevation in MANAGEMENT AGENCY areas in accordance with 44 CFR part Source of flooding and location feet (NGVD) 44 CFR Part 67 60. ∑ Elevation in feet Interested lessees and owners of real (NAVD) Final Flood Elevation Determinations property are encouraged to review the proof Flood Insurance Study and Flood At upstream corporate lim- AGENCY: Federal Emergency its ...... *535 Management Agency (FEMA). Insurance Rate Map available at the address cited below for each Scioto County ACTION: Final rule. (Unincorporated Areas) community. Maps available for inspec- SUMMARY: Base (1% annual chance) The base flood elevations and tion at the Scioto County flood elevations and modified base modified base flood elevations are made Courthouse, 602 7th flood elevations are made final for the final in the communities listed below. Street, Room 1, Ports- communities listed below. The base Elevations at selected locations in each mouth, Ohio. community are shown. Village of Rarden flood elevations and modified base Maps available for inspec- flood elevations are the basis for the National Environmental Policy Act tion at the Rarden City floodplain management measures that This rule is categorically excluded Hall, 1400 Main Street, each community is required either to Rarden, Ohio. from the requirements of 44 CFR part adopt or to show evidence of being City of Portsmouth 10, Environmental Consideration. No already in effect in order to qualify or Maps available for inspec- environmental impact assessment has tion at the Portsmouth Mu- remain qualified for participation in the been prepared. nicipal Building, 728 2nd National Flood Insurance Program Street, Portsmouth, Ohio. (NFIP). Regulatory Flexibility Act VIRGINIA EFFECTIVE DATES: The date of issuance of The Acting Executive Associate the Flood Insurance Rate Map (FIRM) Director, Mitigation Directorate, certifies Southampton County (Unincorporated Areas) showing base flood elevations and that this rule is exempt from the (FEMA Docket No. D– modified base flood elevations for each requirements of the Regulatory 7520) community. This date may be obtained Flexibility Act because final or modified base flood elevations are required by the Southampton County by contacting the office where the maps (Unincorporated Areas) are available for inspection as indicated Flood Disaster Protection Act of 1973, Blackwater River: on the table below. 42 U.S.C. 4104, and are required to At the confluence with ADDRESSES: The final base flood establish and maintain community Chowan River ...... *14 elevations for each community are eligibility in the NFIP. No regulatory Approximately 6,700 feet available for inspection at the office of flexibility analysis has been prepared. upstream of State Route 620 (Broadwater Road) *36 the Chief Executive Officer of each Regulatory Classification Southampton County (Unin- community. The respective addresses corporated Areas), Town are listed in the table below. This final rule is not a significant of Courtland regulatory action under the criteria of FOR FURTHER INFORMATION CONTACT: Nottoway River: Section 3(f) of Executive Order 12866 of At the confluence with Matthew B. Miller, P.E., Chief, Hazards September 30, 1993, Regulatory Chowan River ...... *14 Study Branch, Federal Insurance and Planning and Review, 58 FR 51735. Approximately 2,400 feet Mitigation Administration, Federal upstream of Norfolk Emergency Management Agency, 500 C Executive Order 12612, Federalism Franklin & Danville Rail- road ...... *27 Street SW., Washington, DC 20472, This rule involves no policies that Southampton County (202) 646–3461, or (e-mail) have federalism implications under (Unincorporated Areas) [email protected]. Executive Order 12612, Federalism, Maps available for inspec- SUPPLEMENTARY INFORMATION: The dated October 26, 1987. tion at the Southampton County Administrator’s Of- Federal Emergency Management Agency Executive Order 12778, Civil Justice fice, 26022 Administration (FEMA or Agency) makes final Reform Center Drive, Courtland, determinations listed below of base Virginia. flood elevations and modified base This rule meets the applicable Town of Courtland flood elevations for each community standards of section 2(b)(2) of Executive Maps available for inspec- Order 12778. tion at the Courtland Town listed. The proposed base flood Office, 22219 Meherrin elevations and proposed modified base List of Subjects in 44 CFR Part 67 Road, Courtland, Virginia. flood elevations were published in Administrative practice and newspapers of local circulation and an procedure, Flood insurance, Reporting (Catalog of Federal Domestic Assistance No. opportunity for the community or and recordkeeping requirements. 83.100, ‘‘Flood Insurance.’’) individuals to appeal the proposed Accordingly, 44 CFR part 67 is Dated: May 15, 2002. determinations to or through the amended as follows: Robert F. Shea, community was provided for a period of ninety (90) days. The proposed base PART 67—[AMENDED] Acting Administrator, Federal Insurance and flood elevations and proposed modified Mitigation Administration. base flood elevations were also 1. The authority citation for part 67 [FR Doc. 02–12654 Filed 5–20–02; 8:45 am] published in the Federal Register. continues to read as follows: BILLING CODE 6718–04–P This final rule is issued in accordance Authority: 42 U.S.C. 4001 et seq.; with section 110 of the Flood Disaster Reorganization Plan No. 3 of 1978, 3 CFR, Protection Act of 1973, 42 U.S.C. 4104, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and 44 CFR part 67. 3 CFR, 1979 Comp., p. 376.
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§ 67.11 [Amended] #Depth in feet #Depth in feet above ground. above ground. 2. The tables published under the *Elevation in *Elevation in Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) authority of § 67.11 are amended as ∑ Elevation in ∑ Elevation in follows: feet (NAVD) feet (NAVD)
#Depth in feet Approximately 500 feet West side of U.S. Route above ground. east of the intersection 98 (Tyndall Parkway) at *Elevation in of Delwood Beach Road Pitts Bayou Crossing .... *8 Source of flooding and location feet (NGVD) ∑ and Delwood Drive ...... *12 Maps available for inspec- Elevation in Approximately 500 feet feet (NAVD) tion at the Department of west of the intersection Public Works, 324 South CONNECTICUT of Sabre Drive and Berthe Avenue, Callaway, Delta Avenue ...... *8 Florida. North Bay: Cheshire (Town), New Approximately 500 feet Lynn Haven (City), Bay Haven (FEMA Docket west of the intersection No. D–7512) County (FEMA Docket of 27th Street and No. D–7524) Judd Brook: Mound Avenue ...... *11 At West Johnson Avenue *137 Approximately 750 feet North Bay: Approximately 600 feet north of the intersection At the intersection of West upstream of Interstate of North Shore Road 19th Street and Mary- 84 ...... *140 and Goose Bayou Road *7 land Avenue ...... *7 Maps available for inspec- Callaway Creek: Shoreline at Little Oyster tion at the Town Planning At State Route 22 ...... *7 Bar Point ...... *11 Department, Town Hall, Approximately 0.8 mile up- At intersection of New Jer- 84 South Main Street, stream of State Route sey Avenue and 11th Cheshire, Connecticut. 22 ...... *7 Street ...... *7 Callaway Bayou: Maps available for inspec- Approximately 200 feet tion at the Lynn Haven Southington (Town), Hart- south of intersection of ford County (FEMA City Hall, 825 Ohio Ave- Colonial Road and nue, Lynn Haven, Florida. Docket No. D–7512) Coleridge Drive ...... *7 Judd Brook: Approximately 1,600 feet Approximately 75 feet up- south of intersection of Martin County (Unincor- stream of corporate lim- Colonial Road and porated Areas) (FEMA its ...... *139 Coleridge Drive ...... *10 Docket No. D–7514) At confluence of East Watson Bayou Tributary: Bessey Creek: Branch Judd Brook and Approximately 200 feet Approximately 1,100 feet Humiston Brook ...... *144 southwest of intersec- downstream of Andrews Humiston Brook: tion of Cherry Street Drive ...... *8 and Everitt Avenue ...... *8 At confluence of Judd At 84th Avenue ...... *26 Brook and East Branch St. Andrew Sound: Approximately 4,000 feet Danforth Creek: Judd Brook ...... *144 At Martin Downs Boule- Approximately 50 feet south of intersection of Interstate 98 and vard ...... *8 downstream of Marion Approximately 1,600 feet Avenue ...... *166 Unnamed Road ...... *11 Approximately 2,000 feet upstream of State Route East Branch Judd Brook: 76A ...... *23 At confluence of Judd south of intersection of Brook and Humiston Interstate 98 and South Fork St. Lucie River: Brook ...... *144 Unnamed Road ...... *13 Approximately 2.1 miles Maps available for inspec- Approximately 1,940 feet upstream of State Route tion at the Bay County 76 ...... *8 upstream of Marion Av- Builders Services Division, enue ...... *185 Approximately 4.9 miles 640 Mulberry Avenue, upstream of State Route Maps available for inspec- Panama City, Florida. tion at the Planning and 76 ...... *10 Zoning Department, 75 Roebuck Creek: Main Street, Southington, Callaway (City), Bay Approximately 700 feet Connecticut. County (FEMA Docket downstream of Buckskin No. D–7524) Trail *8 FLORIDA East Bay: Approximately 0.78 miles Approximately 0.7 mile upstream of State Route Bay County (Unincor- east of the intersection 76A *19 porated Areas) (FEMA of South Berthe Avenue Manatee Creek: Docket No. D–7514) and Wallace Road ...... *11 State Route A1A ...... *9 Approximately 1,000 feet Approximately 1,800 feet Gulf of Mexico: southeast of intersection upstream of Twin Lakes Approximately 500 feet of South Berthe Avenue Drive ...... *15 southwest of the inter- and Wallace Road ...... *7 East Fork Creek: section of Paridiso Callaway Bayou: Approximaely 400 feet up- Place and Miracle Strip Approximately 0.7 mile stream of Cove Road ... *9 Parkway ...... *16 east of the intersection Approximately 100 feet Approximately 1,100 feet of South Berthe Avenue southwest of Salt Creek upstream of Mariner and Wallace Road ...... *11 Sands Drive ...... *15 crossing of U.S. Route Approximately 500 feet 98 ...... *8 southeast of intersection Atlantic Ocean: East Bay: of Winonast and Beulah Approximately 600 feet At Farndale Bayou shore- Avenue ...... *7 east of the intersection line crossing of Tyndall Callaway Creek: of A1A and 42nd Street *14 County Line Road ...... *6 At State Route 22 ...... *7 Approximately 1.1 miles Approximately 500 feet Approximately 0.6 mile up- northeast of intersection west of the Hamilton stream of State Route of Golfhouse Drive and Road extended ...... *10 22 ...... *7 Hill Terrace ...... *6 St. Andrew Bay: Pitts Bayou:
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#Depth in feet #Depth in feet #Depth in feet above ground. above ground. above ground. *Elevation in *Elevation in *Elevation in Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) ∑ Elevation in ∑ Elevation in ∑ Elevation in feet (NAVD) feet (NAVD) feet (NAVD) Maps available for inspec- Parker (City), Bay County At State Route 254 ...... *1,317 tion at the Martin County (FEMA Docket No. D–7514) Chattahoochee River: Engineer’s Office, 2401 East Bay: Approximately 1.7 miles South East Monterey Approximately 2,500 feet downstream of State Road, Stuart, Florida. southeast of the inter- Route 75 ...... *1,390 section of Fleming Approximately 1.5 miles Mexico Beach (City). Bay Street and Interstate 98 *10 downstream of State County (FEMA Docket Approximately 300 feet Route 75 ...... *1,394 No. D–7524) east of the intersection Maps available for inspec- of Bay Avenue and Oak Gulf of Mexico: tion at the White County Shore Drive ...... *8 Planning Commission Di- At the intersection of 38th St. Andrew Bay: Street and 36th Street .. *8 rector’s Office, 59 South Approximately 800 feet Main Street, Cleveland, Approximately 175 feet west of intersection of Georgia. south of the intersection Sunset Drive and Cedar of 16th Street and U.S. Avenue ...... *11 Highway 98 ...... *16 At the intersection of East MAINE Maps available for inspec- Street and Fourth Street *8 tion at the Mexico Beach Maps available for inspec- Orrington (Town), Penob- City Hall, 118 North 14th tion at the Parker City scot County (FEMA Street, Mexico Beach, Hall, 1001 West Parker, Docket No. D–7522) Florida. Parker, Florida. Sedgeunkedunk Stream: A point approximately 100 Panama City (City). Bay Springfield (City), Bay feet downstream of County (FEMA Docket County (FEMA Docket Orrington corporate lim- No. D–7514) No. D–7514) its ...... *42 Watson Bayou: Watson Bayou Tributary: A point approximately 420 Approximately 300 feet Approximately 300 feet feet upstream of Fields west of the intersection south of the intersection Pond Road bridge ...... *102 of Harris Avenue and of East 2nd St and Penobscot River: 11th Street ...... *8 Springfield Avenue ...... *8 At downstream corporate Approximately 1,600 feet Maps available for inspec- limits ...... *11 northeast of the inter- tion at the Springfield City At upstream corporate lim- section of Hollis Avenue Hall, 3529 East Third its ...... *16 and Texas Street ...... *11 Street, Springfield, Florida. Brewer Lake: St. Andrew Bay: Entire shoreline within Approximately 400 feet GEORGIA community ...... *112 north of the intersection Maps available for inspec- of Allen Avenue and White County (Unincor- tion at the Orrington Town Linda Avenue ...... *8 porated Areas) (FEMA Hall, 29 Center Drive, Approximately 125 feet Docket No. D–7514) Orrington, Maine. south of the intersection Blue Creek: Approximately 300 feet of Fairland Avenue and MASSACHUSETTS Beach Drive ...... *12 upstream of the con- fluence with Chattahoo- North Bay: Malden (City), Middlesex Approximately 100 feet chee River ...... *1,268 Approximately 2.5 miles County (FEMA Docket west of the intersection No. D–7516) of Frankfort Avenue and upstream of Duncan Calhoun Avenue ...... *7 Bridge Road ...... *1,372 Town Line Brook: Approximately 650 feet Brasstown Creek: Approximately 1,000 feet northwest of the inter- Approximately 800 feet downstream of cor- section of Harbor Place upstream of the con- porate limits ...... *9 and Harbor Road ...... *11 fluence with Chattahoo- chee River ...... *1,271 Approximately 500 feet Maps available for inspec- Approximately 3.2 miles upstream of Lynn Street *9 tion at the City Hall, City upstream of Roy Pow- Linden Brook: of Panama City, 9 Har- ers Road ...... *1,391 Approximately 250 feet rison Avenue, Panama Brasstown Creek Tributary downstream of cor- City, Florida. No. 1: porate limits ...... *9 At confluence with On downstream side of Panama City Beach Brasstown Creek ...... *1,322 Beach Street ...... *9 (City), Bay County Approximately 1.3 miles Maps available for inspec- (FEMA Docket No. D– upstream of the con- tion at the Malden Engi- 7514) fluence with Brasstown neering Office, Malden Gulf of Mexico: Creek ...... *1,386 City Hall, 200 Pleasant Approximately 400 feet Brasstown Creek Tributary Street, Malden, Massa- west of the intersection No. 2: chusetts. of Crane Street and Mir- At the confluence with acle Strip Parkway ...... *16 Brasstown Creek ...... *1,341 Revere (City), Suffolk Approximately 200 feet Approximately 0.9 mile up- County (FEMA Docket west of the intersection stream of the con- No. D–7516) of Habanero Avenue fluence with Brasstown and Lullwater Drive East *8 Creek ...... *1,394 Town Line Brook: Maps available for inspec- White Creek: Approximately 100 feet tion at the Panama City Approximately 200 feet east of intersection of Beach City Hall, 110 upstream of the con- Washington Avenue and South Arnold Road, Pan- fluence with Chattahoo- Squire Road ...... *9 ama City Beach, Florida chee River ...... *1,133 Linden Brook:
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#Depth in feet #Depth in feet #Depth in feet above ground. above ground. above ground. *Elevation in *Elevation in *Elevation in Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) ∑ Elevation in ∑ Elevation in ∑ Elevation in feet (NAVD) feet (NAVD) feet (NAVD) Approximately 180 feet Maps available for inspec- A point approximately 1.19 south of the intersection tion at the Corning Code miles upstream of Main of Lynn Street and Enforcement Office, 7 Street ...... *1,003 Adamski Memorial High- Nasser Civic Center, Cor- Maps available for inspec- way ...... *9 ning, New York. tion at the Lisle Town Of- Maps available for inspec- fice, 9234 NYS Route 79, tion at the Revere Plan- Corning (Town), Steuben Lisle, New York. ning Office, 281 Broad- County (FEMA Docket way, Revere, Massachu- No. D–7506) Lockport (Town), Niagara setts. Post Creek: County (FEMA Docket Approximately 150 feet No. D–7516) MISSISSIPPI downstream of down- Eighteen Mile Creek: stream corporate limits *956 At downstream corporate Gulfport (City), Harrison Approximately 1,850 feet limits ...... *356 County (FEMA Docket upstream of down- Approximately 130 feet No. D–7524) stream corporate limits *967 upstream of Stone Road *365 Maps available for inspec- Flat Branch: tion at the Corning Town East Tributary to Eighteen Approximately 525 feet Hall, 20 South Maple Mile Creek: upstream of Dedeaux Street, Corning, New At downstream corporate Road ...... *20 York. limits ...... *360 Downstream side of U.S. Approximately 1 mile up- Highway 49 ...... *50 Hamilton (Town), Madi- stream of State Route Maps available for inspec- son County (FEMA 104 ...... *363 tion at the Gulfport City Docket No. D–7504) West Tributary to Eighteen Hall, 2309 15th Street, Mile Creek: Gulfport, Mississippi. Sangerfield River: At confluence with Eight- From downstream cor- een Mile Creek ...... *359 porate limits ...... *1,075 NEW JERSEY At Lockport town line ...... *384 Approximately 150 feet East Branch to Eighteen upstream of upstream Mile Creek: Watchung (Borough), corporate limits ...... *1,186 Somerset County At downstream corporate Maps available for inspec- limits ...... *357 (FEMA Docket No. D– tion at the Hamilton Town 7255) Approximately 1,500 feet Hall, 16 Broad Street, upstream of upstream Hamilton, New York. Stony Brook: corporate limits ...... *375 Approximately 40 feet Gulf Branch: Hamilton (Village), Madi- At Niagara Street ...... *472 downstream of Johnston son County (FEMA Drive ...... *115 Docket No. D–7516) Just downstream of Upper Approximately 150 feet Mountain Road ...... *584 upstream of Somerset Canal Tributary: Gulf Tributary: Street ...... *187 At confluence with Payne At confluence with Gulf East Branch Stony Brook: Brook Tributary ...... *1,110 Branch ...... *497 At the upstream corporate Approximately 675 feet Approximately 2,250 feet limits ...... *1,116 upstream of confluence downstream of Valley Payne Brook: Drive ...... *213 with Gulf Branch ...... *514 Approximately 1,360 feet Tonawanda Creek: Approximately 20 feet downstream of College downstream of Mead- Approximately 1 mile up- Street ...... *1,101 stream of Rapids Road *591 owlark Drive ...... *237 At upstream corporate lim- Green Brook: its ...... *1,125 At upstream corporate lim- At Raymond Avenue ...... *128 Payne Brook Tributary: its ...... *591 Approximately 1,650 feet At the confluence with Donner Creek: upstream of Apple Tree Payne Brook ...... *1,104 At the downstream cor- Road ...... *405 Approximately 80 feet up- porate limits ...... *606 Maps available for inspec- stream of Eaton Street *1,119 Approximately 1,660 feet tion at the Watchung Bor- Maps available for inspec- upstream of Hamm ough Hall, 15 Mountain tion at the Hamilton Vil- Road ...... *618 Boulevard, Watchung, lage Hall, 3 Broad Street, Maps available for inspec- New Jersey. Hamilton, New York. tion at the Lockport Town Hall, 6560 Dysinger Road, Lockport, New York. NEW YORK Lisle (Town), Broome County (FEMA Docket No. D–7514) Tusten (Town), Sullivan Corning (City), Steuben County (FEMA Docket County (FEMA Docket Dudley Creek: No. D–7514) No. D–7516) Approximately 650 feet downstream of Owen Delaware River: Post Creek: Hill Road ...... *1,044 At the downstream cor- Approximately 0.52 mile At Popple Hill Road ...... *1,097 porate limits ...... *629 upstream of the con- Culver Creek: Approximately 2.03 miles fluence with Chemung At the confluence with downstream of the River ...... *924 Dudley Creek ...... *1,075 CONRAIL bridge ...... *665 Approximately 1.55 miles At Hunts Corners Road .... *1,106 Maps available for inspec- upstream of the con- Tioughnioga River: tion at the Tusten Town fluence with Chemung Approximately 3.12 miles Hall, 210 Bridge Street, River ...... *958 downstream of Main Narrowsburg, New York. Street ...... *979
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#Depth in feet #Depth in feet #Depth in feet above ground. above ground. above ground. *Elevation in *Elevation in *Elevation in Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) Source of flooding and location feet (NGVD) ∑ Elevation in ∑ Elevation in ∑ Elevation in feet (NAVD) feet (NAVD) feet (NAVD) VIRGINIA Isle of Wight County (Un- Maps available for inspec- incorporated Areas) tion at the Bay City Village Franklin (City), Inde- (FEMA Docket No. D– Hall, W6371 Main Street, pendent City (FEMA 7514) Bay City, Wisconsin. Docket No. D–7514) Blackwater River: Approximately 3.7 miles Chippewa Falls (City), Blackwater River: Chippewa County At downstream corporate downstream of CSX Transportation ...... *16 (FEMA Docket No. D– limits ...... *17 7516) At upstream corporate lim- Approximately 1.3 miles its ...... *22 upstream of Broadwater Duncan Creek: Road (State Route 629) *36 Maps available for inspec- Maps available for inspec- Upstream side of Bridge tion at the Franklin City tion at the Isle of Wight Street ...... *827 Office, 207 West Second Planning and Zoning De- Approximately 0.72 mile Avenue, Franklin, Virginia. partment, 17140 Monu- upstream of Glen Loch ment Circle, Suite 201, Dam ...... *898 Suffolk (City), Inde- Isle of Wight, Virginia. Maps available for inspec- pendent City (FEMA tion at the Chippewa Falls Docket No. D–7514) WISCONSIN City Hall, 30 West Central Street, Chippewa Falls, Blackwater River: Wisconsin. At downstream corporate Bay City (Village), Pierce limits ...... *15 County (FEMA Docket At upstream corporate lim- No. D–7516) (Catalog of Federal Domestic Assistance No. its ...... *16 Mississippi River (Lake 83.100, ‘‘Flood Insurance.’’) Maps available for inspec- Pepin): tion at the Suffolk City Entire shoreline within Dated: May 15, 2002. Manager’s Office, 441 community ...... *682 Robert F. Shea, Market Street, Suffolk, Vir- Bay City Creek: ginia. Approximately 520 feet Acting Administrator, Federal Insurance and downstream of CSX Mitigation Administration. Transportation ...... *683 [FR Doc. 02–12653 Filed 5–20–02; 8:45 am] Approximately 900 feet upstream of Great River BILLING CODE 6718–04–P Road ...... *690
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Proposed Rules Federal Register Vol. 67, No. 98
Tuesday, May 21, 2002
This section of the FEDERAL REGISTER 663, Fort Worth, Texas 76137. You may Discussion contains notices to the public of the proposed also send comments electronically to On July 31, 1980, the FAA issued AD issuance of rules and regulations. The the Rules Docket at the following 80–17–09, Amendment 39–3876 (45 FR purpose of these notices is to give interested address: [email protected]. 54014, August 14, 1980), Docket No. 80– persons an opportunity to participate in the Comments may be inspected at the rule making prior to the adoption of the final ASW–25. That AD requires replacing Office of the Regional Counsel between rules. certain TT straps on or before attaining 9 a.m. and 3 p.m., Monday through 1,200 hours TIS or 24 calendar months, Friday, except Federal holidays. whichever occurs first, for the BHTI DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Model 204B, 205A–1, 212, 214B, 214B– Michael Kohner, Aviation Safety Federal Aviation Administration 1, and the Model UH–1 series military Engineer, FAA, Rotorcraft Directorate, helicopters. That action was prompted Rotorcraft Certification Office, Fort 14 CFR Part 39 by an offshore accident of a Bell Model Worth, Texas 76193–0170, telephone 212 helicopter in which a TT strap [Docket No. 2001–SW–42–AD] (817) 222–5447, fax (817) 222–5783. reportedly failed in flight after 2,140 SUPPLEMENTARY INFORMATION: hours TIS with resulting loss of the RIN 2120–AA64 Comments Invited main rotor blade. The requirements of that AD are intended to prevent failure Airworthiness Directives; Bell Interested persons are invited to Helicopter Textron, Inc. Model 204B, of a TT strap, loss of a main rotor blade, participate in the making of the and subsequent loss of control of the 205A, 205A–1, 205B, 212, 214B, and proposed rule by submitting such 214B–1 Helicopters helicopter. written data, views, or arguments as Since the issuance of that AD, a AGENCY: Federal Aviation they may desire. Communications separate NPRM has been issued (67 FR Administration, DOT. should identify the Rules Docket 17305, April 10, 2002) for the military number and be submitted in triplicate to ACTION: Notice of proposed rulemaking surplus restricted category helicopters the address specified above. All (NPRM). that includes the Model UH–1 series communications received on or before hence the removal of the Model UH–1 SUMMARY: This document proposes the closing date for comments will be series helicopters from the applicability superseding an existing airworthiness considered before taking action on the of this proposed AD. Also, further directive (AD) for Bell Helicopter proposed rule. The proposals contained review indicates that the affected TT Textron, Inc. (BHTI) Model 204B, 205A– in this document may be changed in straps are eligible for installation on the 1, 212, 214B, and 214B–1 helicopters. light of the comments received. BHTI Model 205A and 205B helicopters. Comments are specifically invited on That AD currently requires reducing the Therefore, this proposed AD includes the overall regulatory, economic, retirement time for certain main rotor those models in the applicability. environmental, and energy aspects of tension-torsion (TT) straps on those This unsafe condition is likely to exist models and on the Model UH–1 series the proposed rule. All comments submitted will be available, both before or develop on other helicopters of these helicopters. This document would same type designs. The proposed AD contain the same requirements but and after the closing date for comments, in the Rules Docket for examination by would supersede AD 80–17–09 to would remove the Model UH–1 series contain the same requirements but restricted category helicopters and interested persons. A report summarizing each FAA-public contact would change the applicability by would add the BHTI Model 205A and removing the restricted category Model 205B helicopters to the applicability. concerned with the substance of this proposal will be filed in the Rules UH–1 series helicopters and adding the This proposal is prompted by the BHTI Model 205A and 205B helicopters. issuance of a separate AD for the Model Docket. The FAA estimates that this AD UH–1 series helicopters and the need to Commenters wishing the FAA to would affect 168 helicopters of U.S. add the BHTI Model 205A and 205B acknowledge receipt of their mailed registry. The FAA also estimates that it helicopters to the applicability because comments submitted in response to this would take 8 work hours to replace the the affected straps are eligible for proposal must submit a self-addressed, TT straps at an average labor rate of $60 installation on these model helicopters. stamped postcard on which the per work hour. The TT straps would The actions specified by the proposed following statement is made: cost approximately $10,484 per AD are intended to prevent failure of a ‘‘Comments to Docket No. 2001–SW– helicopter. Based on these figures, the TT strap, loss of a main rotor blade, and 42–AD.’’ The postcard will be date total cost impact of the proposed AD on subsequent loss of control of the stamped and returned to the U.S. operators is estimated to be helicopter. commenter. $1,840,352. DATES: Comments must be received on Availability of NPRMs The regulations proposed herein or before June 5, 2002. Any person may obtain a copy of this would not have a substantial direct ADDRESSES: Submit comments in NPRM by submitting a request to the effect on the States, on the relationship triplicate to the Federal Aviation FAA, Office of the Regional Counsel, between the national Government and Administration (FAA), Office of the Southwest Region, Attention: Rules the States, or on the distribution of Regional Counsel, Southwest Region, Docket No. 2001–SW–42–AD, 2601 power and responsibilities among the Attention: Rules Docket No. 2001–SW– Meacham Blvd., Room 663, Fort Worth, various levels of government. Therefore, 42–AD, 2601 Meacham Blvd., Room Texas 76137. it is determined that this proposal
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would not have federalism implications been eliminated, the request should include in the Federal Register of July 13, 2000. under Executive Order 13132. specific proposed actions to address it. The action requested in the comment For the reasons discussed above, I Compliance: Required as indicated, unless concerning the transfer of rights granted certify that this proposed regulation (1) accomplished previously. under the FCN process is beyond the is not a ‘‘significant regulatory action’’ To prevent separation of a TT strap, loss scope of the July 2000 proposal, and under Executive Order 12866; (2) is not of a main rotor blade, and subsequent loss of FDA is publishing this document so that a ‘‘significant rule’’ under the DOT control of the helicopter, accomplish the following: interested persons may have adequate Regulatory Policies and Procedures (44 (a) Before further flight, remove and time to consider and comment on this FR 11034, February 26, 1979); and (3) if replace any TT strap with 1,200 or more issue. promulgated, will not have a significant hours time-in-service (TIS) or 24 or more DATES: Submit written or electronic economic impact, positive or negative, months since initial installation on any comments by August 5, 2002. on a substantial number of small entities helicopter, whichever occurs first. ADDRESSES: Submit written comments under the criteria of the Regulatory (b) This AD revises the limitations section to the Dockets Management Branch Flexibility Act. A copy of the draft of the maintenance manual by establishing a life limit for the TT straps, P/N 204–012– (HFA–305), Food and Drug regulatory evaluation prepared for this Administration, 5630 Fishers Lane, rm. action is contained in the Rules Docket. 122–1, –5, or 214–010–179–1, of 1200 hours TIS or 24 months since initial installation on 1061, Rockville, MD 20852. Submit A copy of it may be obtained by any helicopter, whichever occurs first. electronic comments to http:// contacting the Rules Docket at the (c) Special flight permits will not be www.fda.gov/dockets/ecomments. location provided under the caption issued. FOR FURTHER INFORMATION CONTACT: ADDRESSES. (d) An alternative method of compliance or Mitchell Cheeseman, Center for Food adjustment of the compliance time that List of Subjects in 14 CFR Part 39 provides an acceptable level of safety may be Safety and Applied Nutrition (HFS– Air transportation, Aircraft, Aviation used if approved by the Manager, Rotorcraft 205), Food and Drug Administration, safety, Safety. Certification Office, Rotorcraft Directorate, 5100 Paint Branch Pkwy., College Park, FAA. Operators shall submit their requests MD 20740, 202–418–3083. The Proposed Amendment through an FAA Principal Maintenance SUPPLEMENTARY INFORMATION: Accordingly, pursuant to the Inspector, who may concur or comment and I. Background authority delegated to me by the then send it to the Manager, Rotorcraft Administrator, the Federal Aviation Certification Office. The Food and Drug Administration Administration proposes to amend part Note 2: Information concerning the Modernization Act of 1997 (Public Law 39 of the Federal Aviation Regulations existence of approved alternative methods of 105–115) established a premarket compliance with this AD, if any, may be (14 CFR part 39) as follows: notification process for food contact obtained from the Rotorcraft Certification substances (FCSs). The FCN process Office. PART 39—AIRWORTHINESS began to operate on October 22, 1999, DIRECTIVES Issued in Fort Worth, Texas, on May 9, and is now the primary method for 2002. authorizing new uses of food additives 1. The authority citation for part 39 David A. Downey, that are FCSs. In the Federal Register of continues to read as follows: Manager, Rotorcraft Directorate, Aircraft July 13, 2000 (65 FR 43269), the agency Authority: 49 U.S.C. 106(g), 40114, 44701. Certification Service. proposed regulations to facilitate § 39.13 [Amended] [FR Doc. 02–12702 Filed 5–20–02; 8:45 am] implementation of the notification process. FDA provided 75 days for 2. Section 39.13 is amended by BILLING CODE 4910–13–P comment on the proposed rule. FDA removing Amendment 39–3876 (45 FR received three comments from trade 54014, dated August 14, 1980), and by associations representing the food adding a new airworthiness directive DEPARTMENT OF HEALTH AND packaging industry. One comment (AD), to read as follows: HUMAN SERVICES requested that FDA issue regulations to Bell Helicopter Textron, Inc.: Docket No. Food and Drug Administration permit the transfer of rights granted 2001–SW–42. Supersedes AD 80–17–09, under the FCN process. Because that Amendment 39–3876, Docket No. 80– 21 CFR Part 170 request is outside the scope of the ASW–25. proposed rule, in this advanced notice [Docket No. 01N–0234] Applicability: Model 204B, 205A, 205A–1, of proposed rulemaking, FDA is 205B, 212, 214B, and 214B–1 helicopters, soliciting input from interested parties with main rotor tension-torsion (TT) strap, Food Additives: Food Contact part number (P/N) 204–012–122–1, –5, or Substance Notification System on the action requested by that 214–010–179–1, installed, certificated in any comment. Elsewhere in this issue of the category. AGENCY: Food and Drug Administration, Federal Register, FDA is publishing a Note 1: This AD applies to each helicopter HHS. final rule responding to the remaining identified in the preceding applicability ACTION: Advance notice of proposed comments on the proposal and provision, regardless of whether it has been rulemaking. codifying the proposed regulations with otherwise modified, altered, or repaired in limited changes. the area subject to the requirements of this SUMMARY: The Food and Drug AD. For helicopters that have been modified, Administration (FDA) is requesting II. The American Plastics Council altered, or repaired so that the performance input on whether the agency should Comment of the requirements of this AD is affected, the establish regulations permitting the The comment on the proposed rule owner/operator must request approval for an licensing of the rights to manufacture received from the American Plastics alternative method of compliance in accordance with paragraph (d) of this AD. and market a food contact substance for Council (APC) requests that FDA issue The request should include an assessment of the use that is the subject of an effective regulations to permit a manufacturer the effect of the modification, alteration, or food contact notification (FCN). FDA is identified in an effective FCN to transfer repair on the unsafe condition addressed by requesting this input in response to a by sale, licensing, or otherwise to this AD; and if the unsafe condition has not comment on a proposed rule published another manufacturer the right to
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manufacture and market the FCS for the associated with regulations permitting a DEPARTMENT OF THE TREASURY use that is the subject of the FCN, manufacturer or supplier identified in provided that FDA is advised of the an effective FCN to transfer by sale, Internal Revenue Service transfer. The APC comment argues that licensing, or otherwise to another such a process would maintain the manufacturer or supplier the right to 26 CFR Parts 1 and 54 safety of the FCS because the FCS manufacture or market the FCS for the would continue to be manufactured in use that is the subject of the FCN. The [REG–136193–01] the manner reviewed by FDA and agency particularly requests answers or would still be authorized only for the comments on the following questions: use that was the subject of the original 1. What paperwork and other costs RIN 1545–BA08 FCN. As noted, FDA believes that the will you incur in submitting a transfer Notice of Significant Reduction in the issue raised in the APC comment is application? outside the scope of the proposed rule, Rate of Future Benefit Accrual; 2. What health and safety safeguards Correction and thus, the agency has not addressed operate under transfer? the APC comment in the final rule 3. Will consumers benefit from AGENCY: published elsewhere in this issue of the Internal Revenue Service (IRS), establishing such a transfer right? If so, Federal Register. To assist the agency in Treasury. how? determining what, if any, action it ACTION: Correction to notice of proposed 4. What effect would transfer have on should take, FDA is requesting rulemaking and notice of public the costs and market position of small comments from interested parties on hearing. whether the agency should permit a businesses? 5. How many transfers do you manufacturer to transfer the rights, SUMMARY: This document contains a anticipate issuing for each new FCN? granted by an effective FCN, to correction to the notice of proposed manufacture and market an FCS. VI. Environmental Impact rulemaking and notice of public hearing that was published in the Federal III. FDA’s Current Practice The agency has carefully considered Register on Tuesday, April 23, 2002 (67 the potential environmental effects of Under section 409(h)(2)(C) of the FR 19713) that relates to the this action. FDA has concluded under Federal Food, Drug, and Cosmetic Act requirements of section 4980F of the 21 CFR 25.30(h) that this action is of a (21 U.S.C. 348(h)(2)(C)), a notification is Internal Revenue Code (Code) and type that does not individually or only effective for the FCS identified in section 204(h) of the Employee cumulatively have a significant effect on the FCN and not for a similar or Retirement Income Security Act of 1974 the human environment. Therefore, identical FCS manufactured or prepared (ERISA), as amended, which apply to neither an environmental assessment by another manufacturer. Currently, defined benefit plans and to individual nor an environmental impact statement FDA requires any subsequent account plans that are subject to the is required. manufacturer who wishes to market an funding standards of section 412 of the FCS for a use that is the subject of an VII. Reference Code and section 302 of ERISA. effective FCN to submit a new notification to FDA. In addition, the The following reference has been FOR FURTHER INFORMATION CONTACT: manufacturer identified in an effective placed on display in the Dockets Pamela Kinard, (202) 622–3847 (not a FCN may authorize other manufacturers Management Branch (address above) toll-free number). to reference information contained in and may be seen by interested persons SUPPLEMENTARY INFORMATION: the effective FCN. Thus, other between 9 a.m. and 4 p.m., Monday manufacturers may have to provide only through Friday. Background limited additional information in 1. Comment from the American Plastics subsequent FCNs but they must Council submitted to FDA Docket No. 99N– The notice of proposed rulemaking separately notify FDA and wait 120 days 5556, dated September 26, 2000. and notice of public hearing that is the for their FCN to become effective. One subject of this correction is under effect of FDA issuing the regulations VIII. Comments section 4980F of the Internal Revenue requested in the APC comment would Interested persons may submit to the Code. be that subsequent manufacturers could Dockets Management Branch (see Need for Correction more rapidly market FCSs. ADDRESSES) written or electronic IV. Paperwork Reduction Act of 1995 comments regarding this notice by As published, REG–136193–01 August 5, 2002. Two copies of any contains an error which may prove to be This advanced notice of proposed comments are to be submitted, except misleading and is in need of rulemaking contains no collections of that individuals may submit one copy. clarification. information. Therefore, clearance by the Comments are to be identified with the Office of Management and Budget under docket number found in brackets in the Correction of Publication the Paperwork Reduction Act of 1995 is heading of this document. Received not required. Accordingly, the publication of the comments may be seen in the Dockets notice of proposed rulemaking and V. Analysis of Impacts Management Branch between 9 a.m. and notice of public hearing (REG–136193– 4 p.m., Monday through Friday. Executive Order 12866, the 01), which is the subject of FR Doc. 02– Regulatory Flexibility Act, and the Dated: September 28, 2001. 9529 is corrected as follows: Unfunded Mandates Reform Act of 1995 Margaret M. Dotzel, On page 19718, column 2, in the require cost-benefit and other economic Associate Commissioner for Policy. preamble under the caption ‘‘Comments analyses of regulatory alternatives. FDA [FR Doc. 02–12662 Filed 5–20–02; 8:45 am] and Public Hearing’’, third paragraph, requests comments on economic issues BILLING CODE 4160–01–S line 8, the language ‘‘(8) copies) by June
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18, 2002. A period’’ is corrected to read to as Filing Online. Nearly all waiver of the online filing requirement ‘‘(8) copies) by July 22, 2002. A period’’. participants in Commission proceedings if it demonstrates to the Commission rely on word processing software to that it faces special circumstances that LaNita Van Dyke, generate the documents that they file, make online filing infeasible. The Paralegal Specialist, Regulations Unit, and nearly all have the capability to Commission proposes to revise its rules Associate Chief Counsel, (Income Tax and send those documents in electronic of practice and arrange for any training Accounting). form to the Commission via the Internet that may be necessary to ensure that the [FR Doc. 02–12721 Filed 5–20–02; 8:45 am] using standard browser technology. The benefits of online filing will be available BILLING CODE 4830–01–P Commission has developed a user to all participants in the next major rate interface to support the electronic filing or classification proceeding that the of documents by participants in Commission conducts. POSTAL RATE COMMISSION Commission proceedings. Tests of this The Benefits of Filing Online interface have shown it to be secure, 39 CFR Part 3001 reliable, and user-friendly. It is therefore As noted in order no. 1317, using [Docket No. RM2002–1; Order No. 1341] appropriate to propose that online filing Filing Online should substantially be made the standard procedure for reduce the cost of participating in Rules of Practice and Procedure filing documents in Commission Commission proceedings. The process proceedings. for filing documents will be greatly AGENCY: Postal Rate Commission. The Commission laid the groundwork simplified. Transaction costs associated ACTION: Proposed rule. for the conversion from hard copy to with the actual filing of hard copy, as online filing in its notice and order well as the costs of paper, printing, and SUMMARY: The Commission proposes concerning electronic filing (order no. postage, will be largely eliminated. The revising its rules of practice to require, 1317), issued June 13, 2001. There the need to serve participants will be in most instances, that participants file Commission notified the public of the eliminated for all but the most lengthy documents electronically over the specific online filing procedures that it documents. The cumbersome attestation Internet. This will allow the was developing, and of its intention to requirement for interrogatory answers Commission and others to apply incorporate them in a notice of will be eliminated as well. This modern technology to certain routine proposed rulemaking. It invited both streamlining should reduce the time and procedures. This should reduce the written comments on those procedures expense of filing documents with the burden and expense associated with and oral comments at a technical Commission. It should also give traditional hard copy filing. Conforming conference that it conducted on July 11, participants earlier access to documents and related changes to other rules, 2001. The public’s suggestions resulted filed by others, making it possible to including those addressing service and in some adjustments to the procedures shorten the current cycle of pleading submission of computer-generated proposed. and response. It should also eliminate studies and analyses, are also proposed. On October 24, 2001, the Commission any confusion over service dates. These changes also will contribute to issued a notice to participants in all of Because documents will be available more efficient participation in the dockets that were active at that time. in portable document format (pdf), they Commission proceedings and enhance The notice announced that the will be vastly more efficient to administration. Commission was setting up docket no. download. It will also be easier to cut and paste portions of filed documents DATES: Working session on June 12, T2002–1 as a vehicle for conducting a 2002 (10:00 a.m.); comments due by live test of its proposed online filing into related pleadings and testimony. Conversion to Filing Online should also June 21, 2002. procedures. Participants were encouraged to take hard copy facilitate document management and ADDRESSES: Send correspondence documents that they were filing in other electronic archiving for participants. It concerning this proposal to Steven W. dockets and file them simultaneously in should bring about these improvements Williams, Secretary, Postal Rate docket no. T2002–1 via the Internet. without a reduction in security, since Commission, 1333 H Street, NW., Suite Additional minor revisions were made web transmissions between participants 300, Washington, DC 20268–0001. The to the Commission’s proposed and the Commission’s server will be working session will be held at the same electronic filing procedures as a result over encrypted channels. Processing address. of this test. The notice indicated the documents on the Commission’s Web FOR FURTHER INFORMATION CONTACT: Commission’s desire to make online site will be secure as well. Procedures Stephen L. Sharfman, General Counsel, filing procedures available on an are provided that allow a participant to Postal Rate Commission, 1333 H Street, optional basis shortly after the temporarily store documents that it NW., Suite 300, Washington, DC 20268– conclusion of the test. plans to file in a reserved area on the 0001, 202–789–6820. Commission’s server without losing Proposal To Make Filing Over the SUPPLEMENTARY INFORMATION: control over its documents. Filing Internet Standard Procedure Online also provides procedures that Regulatory History The results of the T2002–1 test docket safeguard against inadvertent filing of See 66 FR 33034 (June 20, 2001). have led the Commission to conclude documents that have not been finalized. preliminarily that the potential benefits Materials subject to a protective order, Procedural History to participants and the Commission however, may not be filed through The Commission has preliminarily promised by online filing are Filing Online, and will not be posted on concluded that it is feasible and substantial, but that to fully realize them the Commission’s Web site. desirable to make electronic filing of it will be necessary to make online filing Conversion to Filing Online also documents over the Internet the the standard procedure for filing and offers significant benefits to the standard procedure for filing official serving documents in its proceedings. Commission. The time and expense of documents with the Commission. The Therefore, the Commission is proposing applying scanning and optical character Internet-based filing system that the to make the use of Filing Online recognition procedures to filed Commission has developed is referred mandatory. A participant may obtain a documents will be eliminated for most
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filings. As a result, filings can be posted account holder’s dedicated user area on uploaded either from the account on the Commission’s Web site more the Commission’s server secure. holder’s personal computer or from the quickly, in drastically reduced file sizes, By submitting a document for filing user area reserved for the account and in a form that will ensure under the account holder’s user name holder on the Commission’s server. consistency when they are reproduced and password, the account holder In order for the document to be filed, on different printers by different users. would vouch for the accuracy and however, it must be in text-based pdf This will enable the Commission to authenticity of that document in the form. Requiring that all Filing Online provide participants with faster and same way that a person would vouch for documents be submitted in this form is more efficient service. the accuracy and authenticity of the essential to the Commission’s ability to documents that he or she submits under provide a seamless exchange among all Account Holders the Commission’s current subscription participants of documents that are filed The specific procedures that are rule. This procedure will dispense with online. It will ensure that page and line proposed for filing documents online the need to sign individual documents citations to any document downloaded with the Secretary of the Commission that are filed online. For the same via Filing Online will be consistent; it are set forth in the Filing Online user reason, submitting an interrogatory will make it feasible to assemble Filing guide, which may be accessed from the answer to the Commission for filing Online documents into a searchable Filing Online Login page on the under an account holder’s user name database; and it will drastically reduce Commission’s Web site (url: and password will dispense with the the size of downloaded files. www.prc.gov). A hard copy of the Filing need for the witness to attest to the The account holder can produce a Online user guide will also be mailed to accuracy of his or her answer. document in text-based pdf form on a each person who was on a service list Attestation will not be required until the personal computer using standard of any Commission docket that was interrogatory is offered as record Adobe Acrobat software. Alternatively, active within the past year. It will also evidence. the account holder can convert a document to text-based pdf form when be mailed to anyone else that requests The Basic Mechanics of Filing it. submitting it to the Commission by Documents Online simply clicking on either the ‘‘create Basic to the proposed Filing Online In order to use Filing Online, an pdf’’ button on the Edit Filing page, the procedures is the requirement that each account holder will access the Add Files to Computer page, or the User individual who wishes to represent a Commission’s Web site. The account Activity page. participant in a Commission proceeding holder will click on the Filing Online If the material that the user wishes to become an account holder. An link in the banner at the top of the file consists of a set of files, the user individual may become an account Home page and log in by providing the must select a text file from the set to holder by filling out the account holder appropriate user name and password. A treat as the ‘‘host document.’’ A host application that is attached to this Welcome page will appear. This page document is one that references all notice as attachment 2 and mailing it to will offer several choices. A page can be other files in the set and describes them the Secretary. selected that will explain how to file a (as attachments, exhibits, workpapers, et When the Commission accepts an document (the Create Filing Record cetera). The user will be required to application to become an account page). Another page can be selected that enter the title of the host document holder, the account holder assumes a will list and display all the documents exactly as it appears on the first page of contractual duty to ensure that each the account holder is currently that document. The host document and document that he or she files online is preparing for filing (the User Activity any collateral files that belong in the set authentic, accurate, and authorized by page). The account holder may also should then be uploaded, either from the participant that the account holder select a page that will list all of the the user’s work station or from the purports to represent. This duty is the documents that have been submitted on user’s area on the Commission’s web same as that imposed by the behalf of a participant that the account server. The host document must be Commission’s current subscription rule holder represents, indicate which submitted in text-based pdf form. Any [39 CFR 3001.11(e)]. Under proposed 39 account holder submitted them, and collateral files that can be produced in CFR 3001.6(c), the account holder must whether the filings are pending or text-based pdf must also be submitted in notify the Commission if this authority accepted (the Participant Activity page). that form. The ‘‘create pdf’’ button on to represent a particular participant Finally, a page can be selected that will the Commission’s Edit Filing page, Add ends. explain how the account holder’s Files from Computer page, and the User The Secretary will assign the new password or address information can be Activity page can convert Postscript, account holder a user name and changed (the Profile page). Word, Rich Text Format or Wordperfect temporary password and deliver them There are several ways for an account files into text-based pdf files. While data by e-mail. The e-mail will instruct the holder to file a document. All begin files may be submitted in their native new account holder to immediately with the creation of a filing record. A format, they must accompany a host access the Profile page through the filing record may be thought of as an document that is in the required pdf Commission’s Filing Online link and empty receptacle that the account format. This is necessary to enable the select a new password. The new holder will fill. The account holder will Commission to track and archive the password and all files subsequently begin this process by clicking on ‘‘create filed material. submitted using the new password will filing record.’’ If the document to be After the record-identifying be transmitted to the Commission’s filed consists of a single file, the account information has been supplied, the host server over an encrypted channel. The holder will fill in the basic record- document and attachments have been account holder will be encouraged to identifying fields by selecting the assembled, and the host document and take the added precaution of appropriate docket number and filing any other documents capable of being periodically changing his or her party, and entering the title of the converted to text-based pdf format have password, which can be done on the document to be filed exactly as it been converted, the user will then click Profile page. These procedures will keep appears on the first page of that the ‘‘proceed with filing’’ button. This the password-protected material in each document. The document may be will bring up the Confirmation page.
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The confirmation page gives the user a hard copy and electronic files will be spreadsheet, and statistical software. final chance to view a filing before listed. The principal restriction that Filing submitting it. Clicking the ‘‘Save on A Profile page will be made available Online will impose on users is the Activity page’’ button saves the record where account holders can change their requirement that each filing have at on the User Activity page without filing password and update their address least a host document that is submitted it. If the account holder submits the information. To maintain security, in text-based pdf form. This conversion record to the Commission, a Receipt account holders are encouraged to is straightforward for users who have page will appear that reflects the time periodically change their password. Adobe Acrobat software. Users who do that the Commission received the Updating the address information on the not have Adobe Acrobat software can submission. The account holder should Profile page will simultaneously update make the conversion on the print a copy of this record. The receipt the account holder’s address on the Commission’s Web site at the touch of acknowledges only the fact that the service list and participant a button. This will ensure that all copies Commission’s server has received the representative pages on the subsequently made of host documents submission. It does not constitute Commission’s Web site. filed through Filing Online will be true acceptance of the submission as an A Help page will be available where to the original, wherever and however officially filed document. The receipt the public may obtain information in a they are generated. will contain a unique document question and answer format about how The requirement that host documents identifier that may be used if problems to use the Filing Online system. be filed in text-based pdf format should subsequently arise. Commission information specialists will not add to the complexity of producing The Secretary or designee will check also be available to answer questions by such documents for filing with the the document-identifying information telephone at (202) 789–6847 during Commission. Currently, hard copy text for the host document and review any regular Commission office hours. documents are typically composed in Word or Wordperfect format and then collateral files. If they are found to be Compatibility With Users’ Systems printed before they are filed with the in compliance with the Commission’s Filing Online is designed to be rules, the filing will be posted on the Commission. If a filer uses different compatible with most commonly-used printers with different printer drivers to Daily Listing page. This will indicate web browsers, computer operating that the filing has been accepted. If a print the same document, it may affect systems, and word processing software. the formatting, and therefore, the problem is found the account holder The basic uploading and downloading will be contacted. appearance of the document, functions provided by Filing Online are particularly if the document A dedicated User Activity page will available to account holders that use incorporates a graph or table generated be provided for the account holder’s any recent edition of the Internet by non-text based software. For this convenience. It will be password- Explorer, Netscape, or AOL web reason, the prudent participant protected and will have three parts. The browsers, the Windows or Mac currently will review a document one ‘‘holding area’’ screen provides a space operating systems, and Word or final time after it has been printed but on the Commission’s server where the WordPerfect word processing software. before it has been submitted to the account holder can temporarily upload The Commission recommends that all Commission, in order to catch such individual files in order to assemble account holders download and use the discrepancies. The same precaution them into a set, or test their conversion most recent version of Adobe Acrobat should be followed when submitting a to pdf format, without creating an Reader to view documents downloaded document under Filing Online. A official filing record. Documents in the through Filing Online. Adobe Acrobat document should be reviewed one final holding area can be added directly to a Reader may be downloaded free of time in pdf form before it is submitted prospective filing using the ‘‘add files charge at www.Adobe.com. to the Commission in order to catch from holding area’’ button. Files will At its inception, Filing Online will similar discrepancies that might arise remain in the holding area for 7 days. offer some enhanced functions as well, between the word-processed version Filings not yet submitted will be such as batch downloading and batch and the pdf version. listed in the ‘‘filings in progress’’ table printing. These will be available to Once produced in pdf form, it should on the User Activity page. An account account holders that use any recent be much easier and cheaper to file holder will be able to save a filing version of the Windows operating documents with the Commission under record and return to it later from this system together with either Internet Filing Online than under the current screen. Unsubmitted filings will remain Explorer, Netscape 4.7 or Netscape 6.2. hard copy system, for the reasons on this screen for seven days. Filings Batch downloading and batch printing, discussed above. As was also noted that the account holder has submitted to however, will not initially be available above, the need to serve documents the Commission in the last seven days to account holders who use other filed through Filing Online on other appear in the ‘‘submitted filings’’ table versions of Netscape, or who use a Mac participants will largely be eliminated. on the same page. All submitted filings operating system. The availability of will be listed on this screen as these enhanced functions will gradually Training and Implementation ‘‘pending’’ until they have been be expanded. After comments on this notice of reviewed and accepted or rejected. Once proposed rulemaking have been a document is accepted, its status will Comparison With Hard Copy Filing received and evaluated, the Commission change from ‘‘pending’’ to ‘‘filed.’’ System hopes to adopt Filing Online as the A Participant Activity page will be Filing Online filing procedures standard procedure for filing documents available where multiple account should prove to be easier to comply in Commission proceedings. The holders who represent the same with than the hard copy-based filing Commission expects to have Filing participant can view a list of all of the procedures that are currently followed. Online rules in place and to implement filings that they submitted on behalf of Most documents filed with the the system in the summer of 2002. that participant, on that day and the Commission will be generated in the As noted, the Commission established previous business day, whether the same manner as they are currently, docket no. T2002–1 on October 24, filings are pending or accepted. Both using standard word processing, 2001, as a vehicle for testing online
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filing procedures. Participants in docket lengthy documents still be served in the Commission’s Web site. Chief no. T2002–1 became account holders by hard copy form reflects requests made among them, as discussed above, is the submitting the application that was by the attendees at the technical requirement that documents submitted attached to the notice to participants in conference that was held at the via Filing Online be accompanied by a that docket. Those who became account Commission on July 11, 2001. host document that is in text-based pdf holders in that docket should continue Documents that are filed through format. Proposed rule 10(a)(2) would to test the Filing Online system until Filing Online will be posted on the authorize the secretary to compile and they are familiar with its procedures. Commission’s Web site and will be maintain these instructions. These available to participants and the public Those who expect to represent instructions are expected to be adapted for downloading, normally on the same participants in future Commission over time to reflect new technology and proceedings who are not account business day that they are submitted. to facilitate the use of Filing Online by holders should apply to become account When Filing Online becomes the holders and become familiar with Filing standard form of filing documents with all interested persons. A set of Online procedures by filing test the Commission, documents filed online instructions in the form of a Filing documents in docket no. T2002–1. An will be considered served when the Online user guide is available on the account holder may file documents in document is posted by the Commission Commission’s web site, and in hard any active docket. An account holder on the Daily Listing page of its Web site. copy form upon request. application is provided with this notice Participants will not be required to While reviewing its proposal to of proposed rulemaking as attachment 2. serve those documents on other require that documents filed with the A workshop for current and prospective participants. This change in procedure Commission be in a standardized account holders will be conducted by is reflected in proposed rule 12(a). electronic form, the Commission also re- the Commission where instruction on However, participants would still be evaluated the form requirements that are Filing Online procedures will be required to serve documents in hard set forth in its rules of practice with copy form on individuals found to be provided. That workshop is scheduled respect to library references and unable to receive service through the for June 12, 2002, at 10:00 a.m. Those computer analyses. Current rule interested in participating are asked to Commission’s Web site. 31(b)(2)(vii) requires that material filed notify the secretary by June 5, 2002. Proposed rule 9 requires that each individual, whether representing as a library reference be provided in an Proposed Changes to the Commission’s himself or herself or a participant in ‘‘electronic version’’ unless it is shown Rules of Practice Commission proceedings, become an that an electronic version cannot be The changes to the Commission’s account holder in order to file provided. The current rule is broad rules of practice that implement Filing documents in Commission dockets. This enough to permit material to be filed as Online are set forth in attachment 1. requirement is set forth in proposed rule a library reference even if it can only be Included in these changes are some that 9(b). As discussed above, account read and executed on a mainframe or on relate only indirectly to Filing Online. holders would assume a contractual a Macintosh computer. Neither of these The basic change that the Commission obligation to warrant the authenticity is commonly available hardware. If proposes is to revise rule 9 to make it and accuracy of the documents that they material can only be accessed through mandatory that all documents that are file through Filing Online. They would such hardware, it imposes on filed with the Commission be filed via receive a user name and a password, participants and the Commission the the internet through Filing Online, and a dedicated user area on the undue burden of acquiring such unless a waiver is obtained. To obtain Commission web server. Relying on hardware, or converting the files to a PC a waiver, a participant must account holders to warrant the compatible form, in order to read and demonstrate that there are special authenticity and accuracy of the execute the files. To avoid this, the circumstances that make it infeasible for documents that they file through Filing Commission proposes to revise this rule it to use Filing Online to file a Online would dispense with the need document. for the participant’s representatives to to require that material filed as a library The Commission proposes to revise sign specific documents that they file. reference be provided on ‘‘PC media,’’ rule 10 to include a list of documents This change in procedure is reflected in unless it is shown that it cannot be that must be filed both through Filing proposed rule 11(e). provided in that form. Online and in hard copy form. The list With respect to interrogatory answers, The Commission’s evidence rule consists of testimony and briefs that the reliance on account holders to governing the submission of computer exceed 20 pages in length, and formal warrant the authenticity and accuracy of analyses requires that a listing of input rate or classifications change requests. documents filed through Filing Online data, output data, and source codes be Such documents are likely to be dispenses with the need for witnesses to provided, unless it is shown that they cumbersome for participants to specifically attest to the accuracy of cannot be provided. See current rule download and print because they are their answers. It is contemplated that 31(k)(3)(i). As with the current library likely to be long, to include images or attestation will be not required until reference rule, this is broad enough to spreadsheets, or are likely to be interrogatory answers are offered as allow such material to be submitted in submitted in large batches. Where evidence. This change in procedure is a form that can only be read and supplementary hard copy filing is reflected in proposed rule 26(b). required, the form, content, and service As noted, there will be restrictions on executed by a mainframe or a Macintosh requirements for hard copy documents the formats and computer technologies computer. To make such material that are set forth in proposed rules 9 that account holders may use to submit reasonably accessible to participants though 12 must be followed. Among documents via Filing Online in order to and the Commission, the Commission them is a requirement that hard copy make them compatible with the proposes to revise this rule to require documents filed with the Commission Commission’s data processing system. that a copy of input data, output data, be printed from a text-based pdf version These will be prescribed by the and source codes be provided in a form of the document, where possible. See secretary of the Commission in a set of that allows them to be replicated using proposed rule 10(b). The proposal that instructions that will be maintained on a publicly available PC application.
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Postal Rate Commission Filing Online A of its rules of practice and procedure § 3001.9 Filing of documents. Account Holder Application 1 as set forth below. (a) Filing with the Commission. The To file documents electronically, each Ordering Paragraphs filing of each written document required account holder must have a login name or authorized by these rules or any and password. Upon submitting a It is ordered: applicable statute, rule, regulation, or completed application to the 1. Interested persons are invited to order of the Commission, or by direction Commission, the account holder will submit comments on the Commission’s of the presiding officer shall be made receive a login name and password. The proposed Filing Online proposal and using the Internet (Filing Online) login name/password procedure is this notice of proposed rulemaking no pursuant to § 3001.10(a) at the following designed to ensure that material filed later than June 21, 2002. url: www.prc.gov, unless a waiver is using the Filing Online system conforms 2. The Secretary shall cause this obtained. If a waiver is obtained, a hard to the Commission’s rules of practice, is notice of proposed rulemaking to be copy document may be filed either by authorized by the account holder, that it published in the Federal Register. mailing or by hand delivery to the is filed on behalf of the participant that 3. A workshop for current and Office of the Secretary, Postal Rate it purports to represent, that the account prospective account holders will be Commission, 1333 H Street, NW., suite holder has read the material filed and is held on June 12, 2002, at 10:00 a.m., in 300, Washington, DC 20268–0001 familiar with its contents, and that the the hearing room of the Commission, during regular business hours on a date account holder warrants that it is 1333 H Street NW., Washington, DC. no later than that specified for such authentic, accurate and otherwise in Steven W. Williams, filing. compliance with rule 11(e). If the Secretary. (b) Account holder. In order for a account holder authorizes support staff document to be accepted using Filing to use his/her login name and password List of Subjects in 39 CFR Part 3001 Online, it must be submitted to the for purposes of filing documents with Administrative practice and Commission by a Filing Online account the Commission, the account holder procedure, Postal Service. holder. The authority of the account remains ultimately responsible for For the reasons discussed in the holder to represent the participant on ensuring that each filing submitted preamble, the Commission proposes to whose behalf the document is filed must under his/her login name and password amend 39 CFR part 3001—Rules of be valid and current, in conformance is in full compliance with rule 11(e). Practice and Procedure Subpart A— with § 3001.6. The Commission, therefore, cautions Rules of General Applicability as (c) Acceptance for filing. Only such each account holder to employ suitable follows: documents as conform to the monitoring procedures to ensure that requirements of this part and any other any material filed under his/her account PART 3001—RULES OF PRACTICE applicable rule, regulation, or order of fully conforms to that rule. AND PROCEDURE the Commission shall be accepted for Account Holder Name filing. In order for a document to be 1. The authority citation for part 3001 Affiliation accepted using Filing Online, it must be continues to read as follows: Address submitted to the Commission by a Filing Phone Authority: 39 U.S.C. 404(b); 3603; 3622– Online account holder. Fax 24; 3661; 3662; 3663. Email Address (1) Subject to rule 9(d): I, llllrecognize that as the Subpart A—Rules of General (i) A document submitted through account holder I remain responsible for Applicability Filing Online is filed on the date the authenticity and accuracy of all indicated on the receipt issued by the documents filed under my login name 2. Revise §3001.6(c) to read as Secretary. It is accepted when the and password and undertake to monitor follows: Secretary, after review, has posted it on the Daily Listing page of the filings with the Commission to § 3001.6 Appearances. safeguard that no unauthorized filing is Commission’s Web site. made under my login name and * * * * * (ii) A hard copy document is filed on password. (c) Notice of appearance and the date stamped by the secretary. It is withdrawal of appearance. An accepted when the Secretary, after Signature of account holder. individual intending to appear before review, has posted it on the Daily the Commission or its presiding officer Privacy Act Notice: The collection of Listing page of the Commission’s Web in a representative capacity for a this information is authorized by 39 site. participant in a proceeding shall file U.S.C. 3603. This information will be (2) Any document received after the with the Commission a notice of used for administering the filing of close of regular business hours or on a appearance in the form prescribed by documents in electronic form by Saturday, Sunday, or holiday, shall be the Secretary unless that individual is participants in Postal Rate Commission deemed to be filed on the next regular named in an initial filing of the proceedings. It may be publicly business day. participant whom he/she represents as a disclosed under the routine uses given (d) Rejected filings. Any filing that person to whom communications from in the Privacy Act system notice does not comply with any applicable the Commission in regard to the filing published at 64 FR 56819 (1999). statute, rule, regulation, or order may be For the reasons discussed above, the are to be addressed. A person whose rejected. Any filing that is rejected is Commission proposes to amend subpart authority to represent a participant in a deemed not to have been filed with the specific Commission proceeding has Commission. If a filing is rejected, the 1 This application appears as attachment 2 in the been terminated shall file a timely secretary or the secretary’s designee will notice distributed to the service list and in the notice of withdrawal of appearance with notify the person submitting the filing, notice as posted on the Commission’s web site. The the Commission. indicating the reason(s) for rejection. changes proposed in the Code of Federal Regulations appear as attachment 1. The order of * * * * * Acceptance for filing shall not waive appearance has been reversed for purposes of 3. Revise §§ 3001.9 through 3001.13 to any failure to comply with this part, and publication in the Federal Register. read as follows: such failure may be cause for
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subsequently striking all or any part of required or permitted to be filed under the document is true and no such any document. this part, except for a document filed statements are misleading; and that such under seal, for which only the original document is not filed for purposes of § 3001.10 Form and number of copies of and two (2) copies need be filed. The delay. documents. copies need not be signed but shall (1) For a document filed via the (a) Documents. Each document filed show the full name of the individual Internet by an account holder, the with the Commission must be submitted signing the original document and the subscription requirement is met when through Filing Online by an account certificate of service attached thereto. the document is filed with the holder, unless a waiver is obtained. The (c) Computer media. A participant Commission. text of documents filed with the that has obtained a waiver of the online (2) For a hard copy document filed Commission shall be formatted in not filing requirement of § 3001.9(a) may under either § 3001.10(b) or (c), the less than one and one-half spaced lines submit a document on standard PC original shall be signed in ink by the except that footnotes and quotations media, simultaneously with the filing of individual filing the same or by an may be single spaced. Documents must one printed original and three hard authorized officer, employee, attorney, be submitted in Arial 12 point font, or copies, provided that the stored or other representative and all other such program, format, or font as the document is a file generated in either copies of such document filed with the presiding officer may designate. Acrobat (pdf), Word, or WordPerfect, or Commission and served on the (b) Attachments to documents filed Rich Text Format (rtf). participants in any proceeding shall be online will be accepted in their native fully conformed thereto. format (i.e., Excel, Lotus, et cetera). The § 3001.11 General contents of documents. form of documents filed as library (a) Caption and title. The caption of (f) Table of contents. Each document references is governed by each document filed with the filed with the Commission consisting of § 3001.31(b)(2)(iv). Commission in any proceeding shall 20 or more pages shall include a table (1) The following shall be filed both clearly show the docket designation and of contents with page references. For online and in hard copy form pursuant title of the proceeding before the briefs see § 3001.34. to paragraph (b): Commission. The title of such document (g) Certificate of service. A certificate (i) Requests for changes in rates or shall identify each participant on whose of service signed in ink must be classifications, including supporting behalf the filing is made and include a attached to the original of each hard documentation. brief description of the document or the copy document filed with the (ii) Written testimony, including nature of the relief sought therein (e.g., Commission showing service on all appendices and exhibits, that exceeds motion for extension, brief on participants in a proceeding as 20 pages in length. exceptions, complaint, notice of prescribed by § 3001.12. All copies filed (iii) Briefs that exceed 20 pages in intervention, answer to complaint). and served shall be fully conformed length. (b) Designation of individuals to thereto. (2) Documents filed online must receive service. Each notice of § 3001.12 Service of documents. satisfy computer system compatibility intervention filed pursuant to requirements specified by the Secretary. §§ 3001.20 or 20a must state the name, (a) Service by account holders. Each They may be accessed from the Filing full mailing address, telephone number, document filed in a proceeding via the Online page on the Commission’s Web and e-mail address of up to two Internet by an Account Holder shall be site, www.prc.gov. individuals designated to receive deemed served on all participants upon (3) Documents requiring privileged or service of hard copy documents relating its acceptance for filing by the protected treatment shall not be filed to the proceeding. Commission, except for: online. (c) Contents. In the event there is no (1) A document subject to (b) Hard copies. Each document filed rule, regulation, or order of the § 3001.10(a)(1), which must meet the in paper form must be produced on Commission which specifically service requirements that apply to hard letter-size paper, 8 to 81⁄2 inches wide prescribes the contents of any document copy documents as well as those that by 101⁄2 to 11 inches long, with left- and to be filed, such document shall contain apply to documents filed online. right-hand margins not less than 1 inch a proper identification of the parties (2) A document that must be served and other margins not less than .75 concerned and a concise but complete on a participant that the Commission or inches, except that tables, charts or statement of the relief sought and of the presiding officer has determined is special documents attached thereto may facts and citations of authority and unable to receive service through the be larger if required, provided that they precedent relied upon. Commission’s Web site. are folded to the size of the document (d) Improper matter. Defamatory, (b) Service by others. If the to which they are attached. If the scurrilous, or unethical matter shall not Commission or presiding officer has document is bound, it shall be bound on be included in any document filed with determined that a participant is unable the left side. Copies of documents for the Commission. to file documents online, documents filing and service must be printed from (e) Subscription. Each document filed filed by that participant must meet the a text-based pdf version of the with the Commission shall be service requirements that apply to hard document, where possible. Otherwise, subscribed. Subscription constitutes a copy documents. they may be reproduced by any certification that he/she has read the (c) Service by the Commission. Except duplicating process that produces clear document being subscribed and filed; as provided in this section, each and legible copies. Participants in that he/she knows the contents thereof; document issued by the Commission or proceedings conducted under subpart H that if executed in any representative presiding officer shall be deemed served who are unable to comply with these capacity, the document has been upon the participants in the proceeding requirements may seek to have them subscribed and executed in the capacity upon its posting by the Commission on waived. Each person filing a hard copy specified in the document with full its Web site. Service of Commission document with the Commission must power and authority so to do; that to the documents on any participant that the provide an original and 24 fully best of his/her knowledge, information Commission or presiding officer has conformed copies of the document and belief every statement contained in determined is unable to receive service
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through the Commission Web site shall as initiated shall be assigned an whom the other participant expects to be by mail. appropriate designation. The Secretary call as a witness at the hearing and to (d) Hard copy documents. Each shall maintain a hearing calendar of all state the subject matter on which the participant filing a hard copy document proceedings that have been set for witness is expected to testify. The in a proceeding shall serve such hearing. Proceedings shall be heard on participant propounding the document upon each person on the the date set in the hearing order, except interrogatories shall file them with the proceeding’s service list, unless the that the Commission may for cause, Commission in conformance with Commission or presiding officer with or without motion, at any time §§ 3001.9 through 3001.12. Follow-up otherwise directs. with due notice to the parties advance interrogatories to clarify or elaborate on (e) Limitation on extent of hard copy or postpone the date of hearing. All the answer to an earlier discovery service. To avoid the imposition of an documents filed in a docket, other than request may be filed after the initial unreasonable burden upon participants, matter filed under seal, and the hearing discovery period ends. They must be the Commission or the presiding officer calendar may be accessed remotely via filed within 7 days of receipt of the may, by appropriate order, limit service the Commission’s Web site, or viewed at answer to the previous interrogatory of hard copy documents to service upon the Commission’s docket section during unless extraordinary circumstances are participants intending to actively regular business hours. shown. participate in the hearing, or upon a 4. Amend § 3001.20 by revising (b) Answers. Answers to discovery person or persons designated for paragraph (c) to read as follows: properly representative groups, or by requests shall be prepared so that they requiring the making of documents § 3001.20 Formal Intervention. can be incorporated as written cross- available for convenient public * * * * * examination. Each answer shall begin inspection, or by any combination of (c) Form and time of filing. Notices of on a separate page, identify the such methods. intervention shall be filed no later than individual responding and the relevant (f) Service list. The Secretary shall the date fixed for such filing in any testimony number, if any, the maintain a current service list in each notice or order with respect to the participant who asked the question, and proceeding which shall include the proceeding issued by the Commission or the number and text of the question. participants in that proceeding and up its Secretary, unless in extraordinary Each interrogatory shall be answered to two individuals designated for circumstances for good cause shown, separately and fully in writing, unless it service of documents by each the Commission authorizes a late filing. is objected to, in which event the participant . The service list for each Notices of intervention shall conform to reasons for objection shall be stated in current proceeding will be available on the requirements of §§ 3001.9 through the manner prescribed by paragraph (c) the Commission’s Web site, 3001.12. of this section. The participant www.prc.gov. Each participant is * * * * * responding to the interrogatories shall responsible for ensuring that its listing 5. Amend § 3001.20a by revising file the answers in conformance with on the Commission’s Web site is paragraph (a) to read as follows: §§ 3001.9 through 3001.12 within 14 accurate, and should promptly notify days of the filing of the interrogatories the Commission of any errors. § 3001.20a Limited participation by or within such other period as may be (g) Method of hard copy service. persons not parties. fixed by the Commission or presiding Service of hard copy documents may be * * * * * officer, but before the conclusion of the made by First-Class Mail or personal (a) Form of Intervention. Notices of hearing. intervention as a limited participator delivery, to the address shown for the (c) Objections. In the interest of shall be in writing, shall set forth the individuals designated on the expedition, the bases for objection shall nature and extent of the intervenor’s Secretary’s service list. Service of any be clearly and fully stated. If objection interest in the proceeding, and shall hard copy document upon the Postal is made to part of an interrogatory, the conform to the requirements of Service shall be made by delivering or part shall be specified. A participant §§ 3001.9 through 3001.12. mailing six copies thereof to the address claiming privilege shall identify the shown for the individual designated in * * * * * specific evidentiary privilege asserted the Secretary’s service list. 6. Amend § 3001.26 to revise and state the reasons for its (h) Date of hard copy service. paragraphs (a) through (c) and applicability. A participant claiming Whenever service is made by mail, the paragraph (e) to read as follows: undue burden shall state with date of the postmark shall be the date of particularity the effort that would be service. Whenever service is made by § 3001.26 Interrogatories for purpose of discovery. required to answer the interrogatory, personal delivery, the date of such (a) Service and contents. In the providing estimates of cost and work delivery shall be the date of service. hours required, to the extent possible. (i) Form of hard copy certificate of interest of expedition and limited to information which appears reasonably An interrogatory otherwise proper is not service. The certificate of service of hard necessarily objectionable because an copy documents shall show the name of calculated to lead to the discovery of admissible evidence, any participant answer would involve an opinion or the participant or his/her counsel contention that relates to fact or the making service, the date and place of may propound to any other participant in a proceeding written, sequentially application of law to fact, but the service, and include the statement that Commission or presiding officer may ‘‘I hereby certify that I have this day numbered interrogatories, by witness, requesting nonprivileged information order that such an interrogatory need served the foregoing document upon all not be answered until a prehearing participants of record in this proceeding relevant to the subject matter in such proceeding, to be answered by the conference or other later time. in accordance with section 12 of the Objections shall be filed with the rules of practice.’’ participant served, who shall furnish such information as is available to the Commission in conformance with § 3001.13 Docket and hearing calendar. participant. A participant through §§ 3001.9 through 3001.12 within 10 The Secretary shall maintain a docket interrogatories may require any other days of the filing of the interrogatories. of all proceedings, and each proceeding participant to identify each person * * * * *
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(e) Compelled answers. The the part shall be specified. A participant paragraph (c) of this section. A Commission, or the presiding officer, claiming privilege shall identify the participant who answers a request for upon motion of any participant to the specific evidentiary privilege asserted admission shall file its answer with the proceeding, may compel a more and state with particularity the reasons Commission in conformance with responsive answer, or an answer to an for its applicability. A participant §§ 3001.9 through 3001.12. interrogatory to which an objection has claiming undue burden shall state with (c) Objections. In the interest of been raised if the objection is found not particularity the effort that would be expedition, the bases for objection shall to be valid, or may compel an additional required to answer the request, be clearly and fully stated. If objection answer if the initial answer is found to providing estimates of cost and work is made to part of an item, the part shall be inadequate. Such compelled answers hours required, to the extent possible. be specified. A participant claiming shall be filed in conformance with Objections shall be filed with the privilege shall identify the specific §§ 3001.9 through 3001.12 within 7 days Commission in conformance with evidentiary privilege asserted and state of the date of the order compelling an §§ 3001.9 through 3001.12 within ten the reasons for its applicability. A answer or within such other period as days of the request for production. participant claiming undue burden shall may be fixed by the Commission or * * * * * state with particularity the effort that presiding officer, but before the (e) Compelled answers. Upon motion would be required to answer the conclusion of the hearing. of any participant to the proceeding to request, providing estimates of cost and * * * * * compel a response to discovery, as work hours required to the extent 7. Amend § 3001.27 to revise provided in paragraph (d) of this possible. Objections shall be filed with paragraphs (a) through (c) and section, the Commission or the the Commission in conformance with paragraph (e) to read as follows: presiding officer may compel §§ 3001.9 through 3001.12, within 10 production of documents or things to days of the request for admissions. § 3001.27 Requests for production of which an objection is found not to be * * * * * documents or things for purpose of discovery. valid. Such compelled documents or (e) Compelled answers. Upon motion things shall be made available to the of any participant to the proceeding the (a) Service and contents. In the participant making the motion within 7 Commission or the presiding officer interest of expedition and limited to days of the date of the order compelling may compel answers to a request for information which appears reasonably production or within such other period admissions to which an objection has calculated to lead to the discovery of as may be fixed by the Commission or been raised if the objection is found not admissible evidence, any participant presiding officer, but before the to be valid. Such compelled answers may serve on any other participant to conclusion of the hearing. When shall be filed with the Commission in the proceeding a request to produce and complying with orders to produce conformance with §§ 3001.9 through permit the participant making the documents or things, notice shall be 3001.12 within 7 days of the date of the request, or someone acting in his/her filed in conformance with §§ 3001.9 order compelling production or within behalf, to inspect and copy any through 3001.12. The Commission or such other period as may be fixed by the designated documents or things that the presiding officer may, on such terms Commission or the presiding officer, but constitute or contain matters, not and conditions as are just and before the conclusion of the hearing. If privileged, that are relevant to the reasonable, order that any participant in the Commission or presiding officer subject matter involved in the a proceeding shall respond to a request determines that an answer does not proceeding and that are in the custody for inspection, and may make any comply with the requirements of this or control of the participant to whom protective order of the nature provided rule, it may order either that the matter the request is addressed. The request in § 3001.26(g) as may be appropriate. is admitted or that an amended answer shall set forth the items to be inspected 8. Amend § 3001.28 to revise be filed. either by individual item or category, paragraphs (a) through (c) and 9. Amend § 3001.30 by revising and describe each item and category paragraph (e) to read as follows: paragraph (e)(3) to read as follows: with reasonable particularity, and shall specify a reasonable time, place, and § 3001.28 Requests for admissions for § 3001.30 Hearings. manner of making inspection. The purpose of discovery. * * * * * participant requesting the production of (a) Service and content. In the interest (e) * * * documents or things shall file its request of expedition, any participant may serve (3) Oral cross-examination. Oral with the Commission in conformance upon any other participant a written cross-examination will be permitted for with §§ 3001.9 through 3001.12. request for the admission, for purposes clarifying written cross-examination and (b) Answers. The participant of the pending proceeding only, of any for testing assumptions, conclusions or responding to the request shall file an relevant, unprivileged facts, including other opinion evidence. Notices of answer with the Commission in the genuineness of any documents or intent to conduct oral cross-examination conformance with §§ 3001.9 through exhibits to be presented in the hearing. should be filed three or more working 3001.12 within 14 days after the request The participant requesting the days before the announced appearance is filed, or within such other period as admission shall file its request with the of the witness and should include may be fixed by the Commission or Commission in conformance with specific references to the subject matter presiding officer. The answer shall state, §§ 3001.9 through 3001.12. to be examined and page references to with respect to each item or category, (b) Answers. Each matter of which an the relevant direct testimony and that inspection will be permitted as admission is requested shall be exhibits. Participants intending to use requested unless the request is objected separately set forth and is admitted complex numerical hypotheticals, or to to pursuant to paragraph (c) of this unless within 14 days after the request question using intricate or extensive section. is filed, or within such other period as cross-references, shall provide (c) Objections. In the interest of may be fixed by the Commission or adequately documented cross- expedition, the bases for objection shall presiding officer, the participant to examination exhibits for the record. be clearly and fully stated. If objection whom the request is directed files a Copies of these exhibits should be filed is made to part of an item or category, written answer or objection pursuant to at least two calendar days (including
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one working day) before the scheduled a copy of the input and output data and ENVIRONMENTAL PROTECTION appearance of the witness. If a source codes (or a showing pursuant to AGENCY participant has obtained permission to paragraph (k)(3)(iii) of this section as to receive service of documents in hard why such codes cannot be so furnished). 40 CFR Parts 438 copy form, hard copy notices of intent The copy provided must be submitted [FRL–7213–7] to conduct oral cross-examination of in a form that allows it to be replicated witnesses for that participant should be using a publicly available PC RIN 2040–AB79 delivered to counsel for that participant application. For the purpose of Effluent Limitations Guidelines, and served three or more working days completing such foundation, the Pretreatment Standards, and New before the announced appearance of the following additional items shall be Source Performance Standards for the witness, and cross-examination exhibits deemed presumptively necessary and Metal Products and Machinery Point should be delivered to counsel for the shall be furnished upon request of a Source Category; Announcement of witness at least two calendar days participant, the Commission, or the Meeting (including one working day) before the presiding officer, unless the scheduled appearance of the witness. presumption is overcome by an AGENCY: Environmental Protection * * * * * affirmative showing. Agency (EPA). 10. Amend § 3001.31 by: * * * * * ACTION: Proposed rule; announcement of a. Revising the first sentence of (i) An expert on the design and meeting. paragraph (b)(2)(iv); operation of the program shall be SUMMARY: b. Revising paragraph (b)(2)(vii); provided at a technical conference to EPA will conduct a public c. Removing and reserving paragraph respond to any oral or written questions meeting on the upcoming Metal (f); concerning information that is Products and Machinery (MP&M) Notice d. Removing and reserving paragraph reasonably necessary to enable of Data Availability. The Office of Science and Technology (g); independent replication of the program within EPA’s Office of Water is holding e. Revising paragraph (k)(3)(i); and output. Machine-readable data files and the public meeting to inform all f. Revising paragraph (k)(3)(i)(i). program files shall be provided in a interested parties of the status of the form that allows them to be replicated § 3001.31 Evidence. MP&M effluent guidelines. EPA intends using a publicly available PC * * * * * to finalize effluent limitations application. Any machine-readable data (b) * * * guidelines and standards for the Metal file or program file so provided must be (2) * * * Products and Machinery Point Source identified and described in (iv) Filing procedure. Participants Category in December 2002. At the accompanying hard copy filing material as a library reference meeting, EPA will report on the status documentation. In addition, files in text shall file contemporaneous written of the rulemaking; new data and format must be accompanied by hard notice of this action in conformance information available for public copy instructions for printing them. with §§ 3001.9 through 3001.12. * * * comment; revised economic and Files in machine code must be engineering models and methodologies * * * * * accompanied by hard copy instructions used for estimating costs, pollutant (vii) Electronic version. Material filed for executing them. as a library reference shall also be made loads, benefits, and economic impacts; * * * * * available on standard PC media, absent revised limitations and standards; a showing of why a version on PC media 11. Amend § 3001.42 by revising compliance alternatives we developed cannot be supplied or should not be paragraph (a) to read as follows: based on new information; and specific required to be supplied. The material § 3001.42 Public information and requests. areas where EPA is seeking further comment. provided on PC media must be * * * * * submitted in a form that allows it to be EPA will also use this meeting to ask replicated using a publicly available PC (a) Notice and publication. Service of for informal public comment on any of application. The library reference intermediate and recommended the issues or information presented in documentation shall include file names decisions, advisory opinions and public the upcoming NODA and in the and corresponding descriptions of file reports upon parties to the proceedings Administrative Record supporting that contents, and shall identify the is provided in §§ 3001.12(c) and notice. The meeting does not include a applications necessary to execute the 3001.39(d). Descriptions of the pretreatment hearing nor will EPA files. This documentation should be Commission’s organization, its methods record the meeting for the included in both the hard copy and the of operation, statements of policy and Administrative Record. The meeting is electronic version of the library interpretations, procedural and open to the public, and limited seating reference. substantive rules, and amendments is available on a first-come, first-served thereto will be filed with and published basis. For information on the location, * * * * * in the Federal Register, and are see the ADDRESSES section below. The revisions are to read as follows: available on the Commission’s Web site, (k) * * * DATES: EPA will conduct the MP&M www.prc.gov. Commission public meeting on Friday, June 7, 2002, (3) Computer analyses. (i) In the case recommended decisions, advisory of computer analyses that are being from 1 p.m. to 4 p.m. Central Standard opinions and public reports, orders, and Time. offered in evidence, or relied upon as intermediate decisions will be released ADDRESSES: The MP&M public meeting support for other evidence, a foundation to the press and made available to the will be held at the EPA Region 5 Offices, for the reception of such materials must public promptly, by posting on the 77 West Jackson Boulevard, Room 331, be laid by furnishing a general Commission’s Web site. description of the program that includes Chicago, IL 60604. the objectives of the program, the * * * * * FOR FURTHER INFORMATION CONTACT: For processing tasks performed, the [FR Doc. 02–12644 Filed 5–20–02; 8:45 am] additional information, call Mr. Carey methods and procedures employed, and BILLING CODE 7710–FW–P A. Johnston at (202) 566–1014 or send
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him an e-mail at elevation modifications for the buildings built after these elevations are [email protected]. communities listed below. The base made final, and for the contents in these flood elevations are the basis for the SUPPLEMENTARY INFORMATION: On buildings. January 3, 2001 (66 FR 424), EPA floodplain management measures that National Environmental Policy Act. proposed technology-based effluent the community is required either to This proposed rule is categorically adopt or to show evidence of being limitations guidelines and standards excluded from the requirements of 44 already in effect in order to qualify or under the Clean Water Act (33 U.S.C. CFR part 10, Environmental remain qualified for participation in the 1251 et. seq.) for the Metal Products and Consideration. No environmental National Flood Insurance Program Machinery Point Source Category. You impact assessment has been prepared. (NFIP). can find additional information on these Regulatory Flexibility Act. The Acting proposed effluent guidelines at: http:// DATES: The comment period is ninety Executive Associate Director, Mitigation www.epa.gov/waterscience/guide/mpm. (90) days following the second Directorate, certifies that this proposed No meeting materials will be publication of this proposed rule in a rule is exempt from the requirements of distributed in advance of the public newspaper of local circulation in each the Regulatory Flexibility Act because meeting; all materials will be distributed community. proposed or modified base flood at the meeting. If you need special ADDRESSES: The proposed base flood elevations are required by the Flood accommodations at this meeting, such elevations for each community are Disaster Protection Act of 1973, 42 as wheelchair access or special audio- available for inspection at the office of U.S.C. 4104, and are required to visual needs, you should contact Ms. the Chief Executive Officer of each establish and maintain community Krista Durlas, (312) 886–3894, at least community. The respective addresses eligibility in the NFIP. As a result, a five business days before the meeting so are listed in the following table. regulatory flexibility analysis has not been prepared. that we can make appropriate FOR FURTHER INFORMATION CONTACT: arrangements. You can also use the EPA Matthew B. Miller, P.E., Chief, Hazards Regulatory Classification. This Region 5 website (www.epa.gov/ Study Branch, Federal Insurance and proposed rule is not a significant region5/visitor/index.htm) for further Mitigation Administration, Federal regulatory action under the criteria of information on directions, lodging, and Emergency Management Agency, 500 C Section 3(f) of Executive Order 12866 of transportation. Those who are unable to Street SW., Washington, DC 20472, September 30, 1993, Regulatory attend the meeting can get a copy of the (202) 646–3461, or (e-mail) Planning and Review, 58 FR 51735. presentation and meeting materials after [email protected]. Executive Order 12612, Federalism. the meeting by making an e-mail or This proposed rule involves no policies SUPPLEMENTARY INFORMATION: The telephone request to Mr. Carey A. that have federalism implications under Federal Emergency Management Agency Johnston, see the FOR FURTHER Executive Order 12612, Federalism, (FEMA or Agency) proposes to make INFORMATION CONTACT section above. dated October 26, 1987. determinations of base flood elevations Dated: May 14, 2002. Executive Order 12778, Civil Justice and modified base flood elevations for Reform. This proposed rule meets the Geoffrey H. Grubbs, each community listed below, in applicable standards of Section 2(b)(2) Director, Office of Science and Technology. accordance with Section 110 of the of Executive Order 12778. [FR Doc. 02–12706 Filed 5–20–02; 8:45 am] Flood Disaster Protection Act of 1973, BILLING CODE 6560–50–P 42 U.S.C. 4104, and 44 CFR 67.4(a). List of Subjects in 44 CFR Part 67 These proposed base flood and Administrative practice and modified base flood elevations, together procedure, Flood insurance, Reporting FEDERAL EMERGENCY with the floodplain management criteria and recordkeeping requirements. required by 44 CFR 60.3, are the MANAGEMENT AGENCY Accordingly, 44 CFR Part 67 is minimum that are required. They proposed to be amended as follows: 44 CFR Part 67 should not be construed to mean that the community must change any PART 67—[AMENDED] [Docket No. FEMA–D–7528] existing ordinances that are more Proposed Flood Elevation stringent in their floodplain 1. The authority citation for Part 67 Determinations management requirements. The continues to read as follows: community may at any time enact Authority: 42 U.S.C. 4001 et seq.; AGENCY: Federal Emergency stricter requirements of its own, or Reorganization Plan No. 3 of 1978, 3 CFR, Management Agency, FEMA. pursuant to policies established by other 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, ACTION: Proposed rule. Federal, state or regional entities. These 3 CFR, 1979 Comp., p. 376. proposed elevations are used to meet SUMMARY: Technical information or the floodplain management § 67.4 [Amended] comments are requested on the requirements of the NFIP and are also 2. The tables published under the proposed base (1% annual chance) flood used to calculate the appropriate flood authority of § 67.4 are proposed to be elevations and proposed base flood insurance premium rates for new amended as follows:
#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Florida ...... Gulf County (Un- Gulf of Mexico ...... Along the coast of the Gulf of Mexico ap- *13 ...... *12 incorporated proximately 1,000 feet north of Eagle Areas). Harbor.
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#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Along the Gulf of Mexico shoreline ap- *14 ...... *13 proximately 1,500 feet west of Indian Pass. St. Joseph Bay ...... Approximately 1,500 feet inland from St. *9 ...... *8 Joseph Bay, along the shoreline of St. Joseph Bay. Along the St. Joseph Bay shoreline, ap- *10 ...... *11 proximately 3 miles southeast of Pig Is- land. Indian Lagoon ...... Along the shoreline of Indian Lagoon, ap- *11 ...... *9 proximately 1,000 feet west of Indian Pass. Approximately 500 feet west of Indian *11 ...... *10 Pass. Maps available for inspection at the Gulf County Courthouse, 1000 Cecil G. Costin, Sr., Boulevard, Room 302, Port St. Joe, Florida. Send comments to Mr. Nathan Peters, Jr., Chairman of the Gulf County Board of Commissioners, 1000 Cecil G. Costin, Sr., Boulevard, Room 302, Port St. Joe, Florida 32456.
Florida ...... Port St. Joe St. Joseph Bay ...... Intersection of 11th Street and Palmer None ...... *8 (City). Gulf Boulevard. County. Approximately 250 feet west of intersec- *10 ...... *12 tion of Constitution Drive and 14th Street. At intersection of 16th Street and Long *7 ...... *8 Avenue. Shallow Flooding ...... Approximately 425 feet southeast of inter- *10 ...... *8 section of Fourth Street and Woodward Avenue. Maps available for inspection at the City of Port St. Joe Chamber of Commerce Office, 105 West 4th Street, Port St. Joe, Florida. Send comments to The Honorable Frank Pate, Jr., Mayor of the City of Port St. Joe, 305 Cecil G. Costin, Sr., Boulevard, Port St. Joe, Florida 32456.
Illinois ...... Champaign Coun- Sangamon River...... Approximately 1,000 feet downstream None ...... *676 ty (Unincor- from the Township Road 2000 North porated Areas). (Shively) bridge. At Lake of the Woods covered bridge ...... None ...... *689 Maps available for inspection at the Champaign County Department of Planning and Zoning, Brookens Administrative Center, 1776 East Wash- ington Street, Urbana, Illinois
Illinois ...... Mahomet (Vil- Sangamon River...... Approximately 800 feet downstream of None ...... *677 lage), Cham- downstream corporate limits. paign County. Approximately 1,800 feet downstream of None ...... *689 upstream corporate limits. Maps available for inspection at the Mahomet Village Hall, 503 East Main Street, Mahomet, Illinois. Send comments to The Honorable Jeff Courson, Mayor of the Village of Mahomet, 503 Main Street, P.O. Box 259, Mahomet, Illinois 61853.
Illinois ...... Milan (Village), Eckhart Creek (Zone AO). East of Chaney Lane and approximately None ...... #1 Rock Island 500 feet south of Interstate Route 280. County. Approximately 600 feet north of W 10th None ...... #1 Avenue and approximately 450 feet east of 9th Street. Northwest of Missouri Kansas and Texas None ...... #1 Railroad and approximately 600 feet south of Interstate Route 280. Maps available for inspection at the Village of Milan Administrative Office, 321 West 2nd Avenue, Milan, Illinois. Send comments to Mr. Duane Dawson, Milan Village President, 321 West 2nd Avenue, Milan, Illinois 61264.
Maine ...... Allagash (Town) St. John River ...... Approximately 3.68 miles downstream of None ...... *603 Aroostook State Route 161. County. Approximately 550 feet upstream of con- None ...... *627 fluence of Little Black River. Little Black River ...... At the confluence with St. John River ...... None ...... *626 Approximately 125 feet upstream of None ...... *626 Route 161.
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#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Maps available for inspection at the Allagash Town Office, Route 161, Allagash, Maine. Send comments to Mr. Roy Gardner, Town of Allagash First Selectman, Municipal Building, R.R. 1, P.O. Box 127, St. Francis, Maine 04774.
Massachusetts .... Scituate (Town), Massachusetts Bay ...... Approximately 500 feet east of intersec- *25 ...... *27 Plymouth tion of Crescent Avenue and Peggotty County. Beach Road. Approximately 100 feet east of intersec- None ...... *10 tion of Wellesley Road and Jericho Road. Approximately 150 feet west of Intersec- *11 ...... Depth 3′ tion of Wampatuck Way and Turner Road. Approximately 900 feet northeast of inter- Depth 2′ ...... Depth 3′ section of Circuit Avenue and Edward Foster Road. At intersection of Baileys Causeway and Depth 1′ ...... Depth 2′ Glades Road. Maps available for inspection at Scituate Town Hall, 600 Chief Justice Highway, Scituate, Massachusetts. Send comments to Mr. Richard Agnew, Scituate Town Administrator, 600 Chief Justice Cushing Highway, Scituate, Massachusetts 02066.
Massachusetts .... Worcester (City), Broad Meadows Brook ..... Approximately 240 feet downstream of None ...... *450 Worcester U.S. Highway 20. County. Approximately 1.6 miles upstream of U.S. None ...... *484 Highway 20. Beaver Brook...... Approximately 175 feet downstream of *480 ...... *480 Mill Street bridge. At Maywood Street. *484 ...... *481 Maps available for inspection at the Worcester Environmental/Land Use Planner’s Office, 25 Meade Street, Worcester, Massachussetts. Send comments to Mr. Thomas R. Hoover, Worcester City Manager, Worcester City Hall, 455 Main Street, Worcester, Massachusetts 01608.
New Jersey ...... Weymount Tuckahoe River ...... At the downstream corporate limits ...... None ...... *56 (Township), At- lantic County. At the upstream corporate limits ...... None ...... *77 Great Egg Harbor River ... At the confluence of the South River ...... None ...... *9 At the upstream corporate limits ...... None ...... *9 South River ...... At Walkers Forge Avenue ...... None ...... *16 Approximately 500 feet upstream of up- None ...... *38 stream corporate limits. Maps available for inspection at the Weymouth Township Hall, 45 South Jersey Avenue, Dorothy, New Jersey. Send comments to The Honorable Amelia A. Messina, Mayor of the township of Weymount, P.O. Box 53, Dorothy, New Jersey 08317.
New York ...... Mina (Town), Findley Lake ...... Entire shoreline of Findley Lake ...... None ...... *1,423 Chautauqua County. Maps available for inspection at the Mina Town Community Center, 2883 North Road, Findley Lake, New York. Send comments to Ms. Rebecca Brumagin, Mina Town Supervisor, P.O. Box 38, 2883 North Road, Findley Lake, New York 14736.
New York ...... Sardinia (Town), Hosmer Brook ...... Approximately 0.83 mile downstream of None ...... *1,320 Erie County. State Route 39. Approximately 80 feet upstream of Gen- None ...... *1,408 esee Road. Maps available for inspection at the Sardinia Community Center, 12320 Savage Road, Sardinia, New York. Send comments to Mr. William Hare, Sardinia Town Supervisor, P.O. Box 219, 12320 Savage Road, Sardinia, New York 14134.
Ohio ...... Bloomingburg East Fork Paint Creek ...... Upstream side of Midland Avenue (State None ...... •973 (Village), Fay- Route 38). ette County. Approximately 0.5 mile upstream of State None ...... •974 Route 38. Maps available for inspection at Bloomingburg Village Hall, 62 Main Street, Bloomingburg, Ohio. Send comments to The Honorable James Fabin, Mayor of the Village of Bloomingburg, 62 Main Street, Box 186, Bloomingburg, Ohio 43106.
Ohio ...... Fayette County East Fork Paint Creek ...... Approximately 300 feet upstream of con- *955 ...... •954 (Unincorporated fluence with Paint Creek. Area).
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#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Approximately 0.90 mile upstream of None ...... •1,026 Greene Road Rattlesnake Creek ...... At Milledgeville-Octa Road None ...... •1,038 Approximately 130 feet upstream of State None ...... •1,058 Route 734 Sugar Creek ...... Approximately 150 feet downstream of None ...... •1,025 parrott Station Road Approximately 1,500 feet upstream of None ...... •1,048 Main Street Maps available for inspection at the Fayette County Building Department, 121 E. East Street, Washington Court House, Ohio. Send comments to Mr. John M. Schlichter, President of the Fayette County Commissioners, 133 South Main Street, Suite 401, Washington Court House, Ohio 43160.
Ohio ...... Octa (Village), Rattlesnake Creek ...... At the downstream side of Allen Road ..... None ...... *1,041 Fayette County. Approximately 175 feet upstream of Allen None ...... *1,041 Maps available for inspection at the Village of Octa Council House, Allen Street, Milledgeville, Ohio. Send comments to The Honorable Robert E. Ison, Mayor of the Village of Octa, P.O. Box 63, Milledgeville, Ohio 43142.
Ohio ...... Washington Court East Fork Paint Creek ...... Approximately 1,375 feet downstream of *956 ...... *954 House (City), Washington Avenue. Fayette County. Approximately 1.2 miles upstream of *960 ...... *959 Washington Avenue. Maps available for inspection at the Washington Court House City Hall, 105 North Main Street, Washington Court House, Ohio. Send comments to Mr. Stephen J. Sobers, Washington Court House City Manager, 105 North Main Street, Washington Court House, Ohio 43160.
Pennsylvania ...... Bullskin (Town- Jacobs Creek ...... At the downstream corporate limits ...... *1,039 ...... *1,037 ship), Fayette County. At a point approximately 250 feet up- *1,143 ...... *1,142 stream of State Route 31. Maps available for inspection at the Bullskin Township Municipal Building, 178 Shenandoah Road, Connellsville, Pennsylvania. Send comments to Mr. Robert Butler, Chairman of the Township of Bullskin Board of Supervisors, 178 Shenandoah Road, Connellsville, Penn- sylvania 15425.
Pennsylvania ...... Everson (Bor- Jacobs Creek ...... Approximately 2,400 feet downstream of *1,027 ...... *1,025 ough), Fayette 5th Avenue. County. Upstream corporate limits ...... *1,031 ...... *1,029 Maps available for inspection at the Everson Borough Building, Brown Street, Everson, Pennsylvania. Send comments to The Honorable Timothy Shoemaker, Mayor of the Borough of Everson, Municipal Building, Brown Street, Everson Pennsyl- vania 15631.
Pennsylvania ...... Timicum (Town- Delaware River...... Approximately 0.25 mile upstream of *126 ...... *127 ship), Bucks Uhlerstown Hill Road. County. Approximately 1.17 miles downstream of *135 ...... *134 Upper Black Eddy Bridge. Delaware River At confluence with the Delaware River .... *127 ...... *128 Overland Flow At divergence from the Delaware River ... *135 ...... *133 Maps available for inspection at the Tinicum Municipal Building, 163 Municipal Road, Pipersville, Pennsylvania. Send comments to Mr. Gary Pearson, Chairperson of the Township of Tinicum Board of Supervisors, 163 Municipal Road, Pipersville, Pennsyl- vania 18947.
Pennsylvania ...... Upper Tyrone Jacobs Creek ...... At State Route 819 ...... *1,021 ...... *1,020 (Township), Fayette County. At upstream corporate limits ...... *1,039 ...... *1,037 Stauffer Run At confluence with Jacobs Creek ...... *1,034 ...... *1,030 At upstream corporate limits ...... *1,034 ...... *1,031 Maps available for inspection at the Upper Tyrone Township Building, 259 Montgomery Road, Scottdale, Pennsylvania. Send comments to Mr. Jack E. Fullem, Upper Tyrone Township Supervisor, 509 Hickory Square Road, Connellsville, Pennsylvania 15425.
Tennessee ...... Chattanooga North Chickamauga Creek At confluence with the Tennessee River .. *661 ...... *660 (City), Hamilton County.
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#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Approximately 200 feet downstream of *684 ...... *682 Thrasher Pike. Tennessee River ...... Approximately 1,625 feet downstream of *651 ...... *650 Shoal Creek. Just downstream of Chicakmauga Dam .. *651 ...... *660 Mountain Creek ...... At the confluence wiht the Tennessee *653 ...... *652 River. Approximately 1,109 feet upstream of the *653 ...... *652 Norfolk Southern Railway. Lookout Creek ...... At the confluence with Tennessee River .. *655 ...... *654 Approximately 160 feet upstream of the *655 ...... *654 confluence of Black Creek. Black Creek ...... At the confluence with Lookout Creek ..... *655 ...... *654 At downstream side of Norfolk Southern *655 ...... *654 Railway (first crossing). Shallow Flooding Areas.... In the vicinity of the Tennessee River, *657 ...... *656 south of Cherokee Boulevard. Stringers Branch ...... At the confluence with Mountain Creek ... *653 ...... *652 At Signal Mountain Road ...... *653 ...... *652 Chattanooga Creek ...... Approximately 850 feet downstream of *656 ...... *655 Market Street. At downstream side of 2nd crossing of *656 ...... *655 Norfolk Southern Railway. Maps available for inspection at the City of Chattanooga City Hall Annex, 101 East 11th Street, Room 44, Chattanooga, Tennessee. Send comments to The Honorable Bob Corker, Mayor of the City of Chattanooga, City Hall, East 11th Street, Room 100, Chattanooga, Ten- nessee 37402.
Tennessee ...... East Ridge (City) Spring Creek ...... At Interstate 75 ...... *678 ...... *679 Hamilton Coun- ty. At Spring Creek Road ...... *678 ...... *679 South Chickamauga Creek Approximately 800 feet downstream of *677 ...... *678 4th crossing of Louisville and Nashville Railroad. At upstream state boundary ...... *691 ...... *689 Maps available for inspection at the Building Department, 1517 Tombras Avenue, East Ridge, Tennessee. Send comments to The Honorable Fred Pruett, Mayor of the City of East Ridge, 1517 Tombras Avenue, East Ridge, Tennessee 37412.
Tennessee ...... Hamilton County Rogers Branch ...... At confluence with Wolftever Creek ...... *688 ...... *687 (Unincorporated areas). At Access/Mountain View Road ...... None ...... *748 Rogers Branch Tributary .. At confluence with Rogers Branch ...... None ...... *719 Approximately 550 feet upstream of Inter- None ...... *742 state 75. Wolftever Creek ...... At the confluence with Wolftever Creek *762 ...... *761 Tributary. Approximately 2,200 feet upstream of Bill None ...... *795 Reed Road. Little Soddy Creek ...... At the City of Soddy-Daisy corporate lim- None ...... *820 its. Approximately 120 feet upstream of the None ...... *823 City of Soddy-Daisy corporate limits. Lookout Creek ...... Approximately 135 feet downstream of *655 ...... *654 the Norfolk Southern Railway. Approximately 525 feet upstream of *655 ...... *654 Cummings Highway. Tennessee River ...... At the county boundary ...... *649 ...... *650 At the confluence of Shoal Creek ...... *652 ...... *650 Fruedenberg Creek ...... Approximately 250 feet upstream of con- None ...... *1,670 fluence with Middle Creek. Approximately 0.9 mile upstream of con- None ...... *1,777 fluence with Middle Creek. Lick Branch...... At confluence with North Chickamauga *671 ...... *670 Creek. Approximately 50 feet downstream of None ...... *676 Thrasher Pike. Lick Branch ...... At confluence with Lick Branch ...... *671 ...... *670
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#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Tributary ...... Approximately 100 feet downstream of None ...... *683 Thrasher Pike. Lick Branch ...... At confluence with Lick Branch ...... *671 ...... *670 Tributary 2...... Approximately 50 feet downstream of None ...... *675 Thrasher Pike. Lick Branch ...... At confluence with Lick Branch ...... *671 ...... *670 Tributary 3...... Approximately 50 feet downstream of None ...... *680 Thrasher Pike. Middle Creek ...... Approximately 1,100 feet downstream of None ...... *1,634 Edwards Point Road. Approximately 50 feet downsteam of None ...... *1,718 Timesville Road. North Chickamauga Creek At the upstream side of Lower Mill Road *670 ...... *669 Approximately 1 mile upstream of Dayton *754 ...... *753 Pike. Possum Creek ...... At Lee Pike ...... *688 ...... *687 Approximately 1.4 miles upstream of *861 ...... *862 Black Valley Road. Sale Creek...... At the confluence with the Tennessee *687 ...... *688 River. Approximately 1,580 feet upstream of the *687 ...... *688 confluence with the Tennessee River. Maps available for inspection at the Regional Planning Agency, County Courthouse, Room 208, Chattanooga, Tennessee. Send comments to Mr. Claude Ramsey, Hamilton County Executive, County Courthouse, Room 208, Chattanooga, Tennessee 37402.
Tennessee ...... Red Bank (City), Stringers Branch...... Approximately 400 feet downstream of *653 ...... *652 Hamilton Coun- Signal Mountain Road. ty. At Barker Road ...... None ...... *785 Maps available for inspection at the Red Bank City Hall, 3117 Dayton Boulevard, Red Bank, Tennessee. Send comments to The Honorable Ronnie Moore, Mayor of the City of Red Bank, 3117 Dayton Boulevard, P.O. Box 15069, Red Bank, Ten- nessee 37415.
Virginia ...... Fairfax City (Inde- Accotink Creek ...... At the downstream corporate limits ...... *287 ...... *289 pendent Citry). Approximately 50 feet upstream of Poplar *396 ...... *397 Street. Dale Lestina Tributary...... At the confluence with North Fork *312 ...... *313 Accotink Creek. Approximately 500 feet upstream of Plan- None ...... *344 tation Parkway. Daniels Run ...... At the confluence with Accotink Creek ..... *295 ...... *296 Approximately 1,030 feet upstream of *400 ...... *406 Sager Avenue. Draper Drive Tributary ...... Approximately 750 feet upstream of con- None ...... *307 fluence with Accotink Creek. Approximately 920 feet upstream of the None ...... *311 confluence with Accotink Creek. Little River Hills Tributary Approximately 150 feet upstream of the None ...... *328 confluence with Daniels Run. Approximately 1,460 feet upstream of None ...... *379 Ashby Road. Mosby Woods Tributary... At the confluence with North Fork *328 ...... *332 Accotink Creek. Approximately 1,940 feet upstream of None ...... *342 confluence with North Fork Accotink Creek. North Fork ...... At the confluence with Accotink Creek ..... *310 ...... 313 Accotink Creek ...... Approximately 800 feet upstream of How- None ...... *382 erton Avenue. Ranger Road Tributary ..... At the confluence with Accotink Creek ..... *309 ...... *312 Approximately 260 feet upstream of None ...... *314 Ranger Road. Tusico Branch ...... At the confluence with Accotink Creek ..... *360 ...... *362 Approximately 570 feet upstream of Keith *377 ...... *373 Avenue. Tusico Branch (area of Approximately 570 feet upstream of Keith *377 ...... #2 shallow flooding). Avenue.
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#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location •Elevation in feet (NAVD) Existing Modified
Approximately 625 feet upstream of Scott None ...... #2 Drive. Maps available for inspection at the Fairfax City Hall, 10455 Armstrong Street, Room 204, Fairfax, Virginia. Send comments to Mr. Robert Sissan, Fairfax City Manager, 10455 Armstrong Street, Fairfax, Virginia 22030.
Virginia ...... Grottoes (Town), Miller Run Approximately 60 feet downstream of None ...... *1,090 Augusta and 21st Street. Rockingham Counties. Approximately 60 feet upstream of Cary None ...... *1,152 Street. Maps available for inspection at the Grottoes Town Office, 601 Dogwood Avenue, Grottoes, Virginia. Send comments to Mr. Timonty E. Crider, Grottoes Town Superintendent, P.O. Box 146, Grottoes, Virginia 24441.
Wisconsin ...... Lincoln County Wisconsin River ...... Approximately 1.37 miles downstream of None ...... *1,258 (Unincorporated Alexander Dam. Areas). At downstream side of Alexander Dam .... None ...... *1,261 Prairie River...... Approximately 528 feet downstream of None ...... *1,263 Mill Street. Approximately 0.9 mile upstream of U.S. *1,273 ...... *1,274 Business Highway 51. Maps available for inspection at the Lincoln County Zoning Office, 1110 East Main Street, Merrill, Wisconsin. Send comments to Mr. Phil Cohrs, Chairman of the Lincoln County Board, 1110 East Main Street, Merrill, Wisconsin 54452.
Wisconsin ...... River Falls (City), Kinnickinnic River ...... Approximately 1.1 miles downstream of None ...... *806 St. Croix and the confluence of South Fork Pierce Counties. Kinnickinnic River. Approximately 400 feet upstream of State *897 ...... *898 Route 35/65. Rocky Branch ...... Approximately 850 feet upstream of con- None ...... *805 fluence with Kinnickinnic River. Approximately 2,230 feet upstream of None ...... *814 confluence with Kinnickinnic River. South Fork ...... At confluence with Kinnickinnic River ...... *837 ...... *828 Kinnickinnic River ...... Approximately 575 feet upstream of State *900 ...... *906 Route 35/65. South Fork Kinnickinnic At confluence with South Fork *901 ...... *906 River. Kinnickinnic River. Tributary No. 2...... Approximately 950 feet upstream of None ...... *907 South Fork Kinnickinnic River. Maps available for inspection at the River Falls City Hall, 123 East Elm Street, River Falls, Wisconsin. Send comments to The Honorable Katie Chaffee, Mayor of the City of River Falls, 123 East Elm Street, River Falls, Wisconsin 54022.
(Catalog of Federal Domestic Assistance No. FEDERAL EMERGENCY floodplain management measures that 83.100, ‘‘Flood Insurance.’’) MANAGEMENT AGENCY the community is required either to Dated: May 15, 2002. adopt or to show evidence of being Robert F. Shea, 44 CFR Part 67 already in effect in order to qualify or Acting Administrator, Federal Insurance and [Docket No. FEMA–D–7530] remain qualified for participation in the Mitigation Administration. National Flood Insurance Program [FR Doc. 02–12652 Filed 5–20–02; 8:45 am] Proposed Flood Elevation (NFIP). Determinations BILLING CODE 6718–04–P DATES: The comment period is ninety AGENCY: Federal Emergency (90) days following the second Management Agency, FEMA. publication of this proposed rule in a ACTION: Proposed rule. newspaper of local circulation in each community. SUMMARY: Technical information or comments are requested on the ADDRESSES: The proposed base flood proposed base (1% annual chance) flood elevations for each community are elevations and proposed base flood available for inspection at the office of elevation modifications for the the Chief Executive Officer of each communities listed below. The base community. The respective addresses flood elevations are the basis for the are listed in the following table.
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FOR FURTHER INFORMATION CONTACT: proposed elevations are used to meet September 30, 1993, Regulatory Matthew B. Miller, P.E., Chief, Hazards the floodplain management Planning and Review, 58 FR 51735. Study Branch, Federal Insurance and requirements of the NFIP and are also Executive Order 12612, Federalism. Mitigation Administration, Federal used to calculate the appropriate flood This proposed rule involves no policies Emergency Management Agency, 500 C insurance premium rates for new that have federalism implications under Street, SW., Washington, DC 20472, buildings built after these elevations are Executive Order 12612, Federalism, (202) 646–3461, or (e-mail) made final, and for the contents in these dated October 26, 1987. [email protected]. buildings. Executive Order 12778, Civil Justice SUPPLEMENTARY INFORMATION: The National Environmental Policy Act. Reform. This proposed rule meets the Federal Emergency Management Agency This proposed rule is categorically applicable standards of Section 2(b)(2) (FEMA or Agency) proposes to make excluded from the requirements of 44 of Executive Order 12778. CFR part 10, Environmental determinations of base flood elevations List of Subjects in 44 CFR Part 67 and modified base flood elevations for Consideration. No environmental each community listed below, in impact assessment has been prepared. Administrative practice and accordance with Section 110 of the Regulatory Flexibility Act. The Acting procedure, Flood insurance, Reporting Flood Disaster Protection Act of 1973, Executive Associate Director, Mitigation and recordkeeping requirements. 42 U.S.C. 4104, and 44 CFR 67.4(a). Directorate, certifies that this proposed Accordingly, 44 CFR Part 67 is These proposed base flood and rule is exempt from the requirements of proposed to be amended as follows: modified base flood elevations, together the Regulatory Flexibility Act because PART 67—[AMENDED] with the floodplain management criteria proposed or modified base flood required by 44 CFR 60.3, are the elevations are required by the Flood 1. The authority citation for Part 67 minimum that are required. They Disaster Protection Act of 1973, 42 continues to read as follows: should not be construed to mean that U.S.C. 4104, and are required to establish and maintain community Authority: 42 U.S.C. 4001 et seq.; the community must change any Reorganization Plan No. 3 of 1978, 3 CFR, existing ordinances that are more eligibility in the NFIP. As a result, a 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, stringent in their floodplain regulatory flexibility analysis has not 3 CFR, 1979 Comp., p. 376. management requirements. The been prepared. community may at any time enact Regulatory Classification. This § 67.4 [Amended] stricter requirements of its own, or proposed rule is not a significant 2. The tables published under the pursuant to policies established by other regulatory action under the criteria of authority of § 67.4 are proposed to be Federal, state or regional entities. These Section 3(f) of Executive Order 12866 of amended as follows:
#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet Source of flooding Location (NAVD) Communities affected Existing Modified
FLORIDA Charlotte County
Auburn Waterway ...... At the confluence with Pellam Waterway .... None *8 Charlotte County (Unincorporated Areas) At Hillsborough Boulevard ...... None *12 Broad Creek ...... At the upstream side of Copley Drive ...... None *8/9 Charlotte County Approximately 1 mile upstream of Airport None *12 (Unincorporated Areas) Road. Broad Creek Tributary At the confluence with Broad Creek ...... *8 *10 Charlotte County Just upstream of Piper Road ...... None *23 (Unincorporated Areas) Courtland Waterway .. At the confluence with Auburn Waterway .... None *8 Charlotte County (Unincorporated Areas) At Hillsborough Boulevard ...... None *13 Crestview-Lionheart ... At the confluence with Crestview Waterway None *16 Charlotte County (Unincorporated Areas) Connector Waterway At divergence from Lionheart Waterway ...... None *16 Crestview Waterway .. At the confluence with West Spring Lake .... None *9 Charlotte County (Unincorporated Areas) At Hillsborough Boulevard ...... None *16 Delavan Waterway ..... At the confluence with Fordham Waterway None *21 Charlotte County (Unincorporated Areas) Approximately 475 feet upstream of Com- None *21 stock Boulevard. Elkcam Waterway ...... Approximately 1,900 feet upstream of U.S. None *9 Charlotte County (Unincorporated Areas) Route 41. Approximately 1.2 miles upstream of None *19 Peachland Boulevard. Fordham Waterway ... Approximately 1,750 feet upstream of U.S. None *9 Charlotte County (Unincorporated Areas) Route 41. Approximately 1.0 mile upstream of None *21 Peachland Boulevard. Kings Highway East At the downstream side of Westchester None *9 Charlotte County (Unincorporated Areas) Outfall. Boulevard. Approximately 780 feet upstream of None *13 Suncoast Boulevard. Kings Highway West Approximately 150 feet upstream of West- *9 *10 Charlotte County (Unincorporated Areas) Outfall. chester Boulevard.
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#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet Source of flooding Location (NAVD) Communities affected Existing Modified
Approximately 1,080 feet upstream of None *16 MacDougall Avenue. Lionheart Waterway ... At the county boundary ...... None *19 Charlotte County Approximately 170 feet upstream of U.S. None *9 (Unincorporated Areas) Route 41. Newgate Waterway.... Approximately 1.2 miles upstream of the None *8 Charlotte County (Unincorporated Areas) confluence with Early Waterway. Approximately 2.2 miles upstream of Jen- None *10 ning’s Boulevard. Niagara Waterway ..... At the confluence with Fordham Waterway None *9 Charlotte County (Unincorporated Areas) At Peachland Boulevard ...... None *19 Pellam Waterway ...... Approximately 2.1 miles upstream of Holly None *8 Charlotte County (Unincorporated Areas) Avenue. At Hillsborough Boulevard ...... None *14 Pelton Circle Water- At the confluence with Crestview Waterway None *16 Charlotte County (Unincorporated Areas) way. Approximately 0.5 mile upstream of con- None *16 fluence with Crestview Waterway. Rampart Outfall...... Approximately 0.3 mile upstream of None *9 Charlotte County (Unincorporated Areas) Harborview Road. Just upstream of Rampart Boulevard ...... None *22 Sunset Waterway ...... At the confluence with Lionheart Waterway None *13 Charlotte County (Unincorporated Areas) At County boundary ...... None *20 Yale Waterway ...... At the confluence with Fordham Waterway None *13 Charlotte County (Unincorporated Areas) Approximately 475 feet upstream of None *14 Sheehan Boulevard. Gulf of Mexico ...... Approximately 1,200 feet southwest of the *17 *16 Charlotte County (Unincorporated Areas) intersection of Gulf Boulevard and South Gulf Boulevard. Approximately 200 feet east of the intersec- *11 *10 tion of County Route 775 and Cap Haza Drive.
Charlotte County (Unincorporated Area) Maps available for inspection at the Charlotte County Community Development, Charlotte County Administration Building, 18500 Murdock Cir- cle, Port Charlotte, Florida Send comments to Ms. Pamela Brangaccio, Charlotte County Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948.
WISCONSIN Winnebago County
Arrowhead River ...... Approximately 300 feet upstream of County *750 *751 Winnebago County (Unincorporated Areas) Highway M. Approximately 7,650 feet upstream of *755 *757 Woodland Road. Wolf River ...... Approximately 1.7 miles upstream of mouth *750 *751 Winnebago County (Unincorporated Areas) at Lake Poygan. At County boundary ...... *754 *753 Mud Creek...... Approximately 250 feet downstream of *743 *744 Winnebago County (Unincorporated Areas) county boundary. At County boundary ...... *743 *744 Eight Mile Creek ...... At the confluence with Rush Creek ...... None *817 Winnebago County Approximately 2,000 feet upstream of Knott *843 *844 (Unincorporated Areas) Road. Rush Creek ...... At upstream side of State Highway 116 ...... None *780 Winnebago County At the confluence of Eight Mile Creek ...... None *817 (Unincorporated Areas) Sawyer Creek ...... Downstream side of North Westfield Street *754 *753 Winnebago County (Unincorporated Areas) Approximately 1.2 miles upstream of None *811 Oshkosh Clairville Road. Rush Lake ...... Entire shoreline within community ...... None *823 Winnebago County (Unincorporated Areas) Waukau Creek ...... At the confluence of Eight Mile Creek ...... None *817 Winnebago County Approximately 1.8 miles upstream of con- None *818 (Unincorporated Areas) fluence of Eight Mile Creek. Winnebago County (Unincorporated Areas) Maps available for inspection at the Winnebago County Zoning Office, 448 Algoma Boulevard, Oshkosh, Wisconsin. Send comments to Ms. Jane Van De Hey, Winnebago County Executive, P.O. Box 2808, Oshkosh, Wisconsin 54901.
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#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet Source of flooding Location (NAVD) Communities affected Existing Modified
City of Oshkosh Maps available for inspection at the Oshkosh City Hall. 215 Church Avenue, Oshkosh, Wisconsin. Send comments to The Honorable Jon Dell’Antonia, Mayor of the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54903.
(Catalog of Federal Domestic Assistance No. respective addresses are listed in the Mitigation Administration certifies that 83.100, ‘‘Flood Insurance.’’) table below. this proposed rule is exempt from the Dated: May 15, 2002. FOR FURTHER INFORMATION CONTACT: requirements of the Regulatory Robert F. Shea, Matthew B. Miller, P.E., Chief, Hazards Flexibility Act because proposed or Acting Administrator, Federal Insurance and Study Branch, Federal Insurance and modified BFEs are required by the Flood Mitigation Administration. Mitigation Administration, FEMA, 500 Disaster Protection Act of 1973, 42 [FR Doc. 02–12651 Filed 5–20–02; 8:45 am] C Street, SW., Washington, DC 20472, U.S.C. 4104, and are required to BILLING CODE 6718–04–P (202) 646–3461 or (e-mail) establish and maintain community [email protected]. eligibility in the NFIP. No regulatory flexibility analysis has been prepared. SUPPLEMENTARY INFORMATION: FEDERAL EMERGENCY FEMA Regulatory Classification. This MANAGEMENT AGENCY proposes to make determinations of proposed rule is not a significant BFEs and modified BFEs for each regulatory action under the criteria of 44 CFR Part 67 community listed below, in accordance Section 3(f) of Executive Order 12866 of with Section 110 of the Flood Disaster [Docket No. FEMA–P–7605] September 30, 1993, Regulatory Protection Act of 1973, 42 U.S.C. 4104, Planning and Review, 58 FR 51735. and 44 CFR 67.4(a). Proposed Flood Elevation Executive Order 12612, Federalism. These proposed BFEs and modified Determinations This proposed rule involves no policies BFEs, together with the floodplain that have federalism implications under AGENCY: Federal Emergency management criteria required by 44 CFR Executive Order 12612, Federalism, Management Agency (FEMA). 60.3, are the minimum that are required. dated October 26, 1987. ACTION: Proposed rule. They should not be construed to mean that the community must change any Executive Order 12778, Civil Justice SUMMARY: Technical information or Reform. This proposed rule meets the comments are requested on the existing ordinances that are more stringent in their floodplain applicable standards of Section 2(b)(2) proposed Base (1% annual-chance) of Executive Order 12778. Flood Elevations (BFEs) and proposed management requirements. The BFE modifications for the communities community may at any time enact List of Subjects in 44 CFR Part 67 stricter requirements of its own, or listed below. The BFEs and modified Administrative practice and BFEs are the basis for the floodplain pursuant to policies established by other Federal, State, or regional entities. procedure, Flood insurance, Reporting management measures that the and recordkeeping requirements. community is required either to adopt These proposed elevations are used to meet the floodplain management Accordingly, 44 CFR Part 67 is or to show evidence of being already in proposed to be amended as follows: effect in order to qualify or remain requirements of the NFIP and are also qualified for participation in the used to calculate the appropriate flood PART 67—[AMENDED] National Flood Insurance Program insurance premium rates for new (NFIP). buildings built after these elevations are 1. The authority citation for Part 67 made final, and for the contents in these continues to read as follows: DATES: The comment period is ninety buildings. (90) days following the second Authority: 42 U.S.C. 4001 et seq.; National Environmental Policy Act. Reorganization Plan No. 3 of 1978, 3 CFR, publication of this proposed rule in a This proposed rule is categorically newspaper of local circulation in each 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, excluded from the requirements of 44 3 CFR, 1979 Comp., p. 376. community. CFR part 10, Environmental ADDRESSES: The proposed BFEs for each Consideration. No environmental § 67.4 [Amended] community are available for inspection impact assessment has been prepared. 2. The tables published under the at the office of the Chief Executive Regulatory Flexibility Act. The Acting authority of § 67.4 are proposed to be Officer of each community. The Administrator for Federal Insurance and amended as follows:
#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) ♦(NAVD) Existing Modified
AR ...... Vadnais Heights, Ponding Area ...... Pond west of McMenemy Road, north of None *889 City of Ramsey Meadowood Lane, and southeast Foot- County. hill Trail.
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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) ♦(NAVD) Existing Modified
Ponding area northeast of the intersec- None *892 tion of McMenemy Road and Com- merce Court. Ponding Area ...... Ponding area north of Commerce Court None *904 and south of Oak Grove Parkway and west of SOO Line Railroad. Ponding area north of Oak Grove Park- None *918 way approximately 1,500 feet east of its intersection with McMenemy Road. Ponding area east of the SOO Line Rail- None *912 road, north of Spring Hill Road and west of Morningside Avenue. Pond north of Willow Grove Lane and None *915 west of Greenhaven Drive. Pond north of Clearbrook Lane, east of None *920 Bramblewood Avenue, west of Ever- green Drive and South of Birch Ridge Road. Pond north of Heritage Court East and None *941 South of Valley Oaks Road. Ponding area south of Westfield Lane, None *902 east and north of Oakcrest Drive and north of South Oak Drive. Ponding area south of North Oak Drive, None *898 west of Thornhill Lane, and North of County Road ‘‘F’’. Ponding area ...... Ponding area south of Bridgewood Ter- None *907 race, east of Thornhill Lane and west of Centerville Road. Ponding area north of County Road ‘‘F,’’ None *901 east of Thornhill Lane and west of Centerville Road. Ponding area along Edgerton Street, None *897 south of Bear Avenue North and north of Stockdale Road. Ponding area along Arcade Street and None *896 Stockdale Road, south of County Road ‘‘F,’’ north of Kohler Road, east of Stockdale Drive and west of Centerville Road. Ponding area east of Interstate 35E, None *908 south of the Burlington Northern Rail- road, west of Labore Road and north of County Road ‘‘E’’. Ponding area north of Hiawatha Avenue, None *904 west of Greenbrier Street, and south of the Burlington Northern Railroad. Ponding area east of Centerville Road, None *900 and north of Vadnais Road. Pond south of Manor Street and north of None *909 Interstate 694. Ponding area ...... Ponds south of Vadnais Center Drive, None *915 east of Interstate 35 and west of the intersection of Labore Road and Willow Lake Boulevard. Willow Lake ...... None *884 Ponding area south of County Road ‘‘E,’’ None *949 east of Montmorency Street and north of Willow Lake Boulevard. Maps are available for inspection at City Hall, 800 East County Road E, Vadnais Heights, Minnesota. Send comments to the Honorable Susan Banovetz, Mayor, City of Vadnais Heights, 800 East County Road E, Vadnais Heights, MN 55127.
IA ...... Marshall County Iowa River ...... *861 *881 (Unincorporated Areas). Maps are available for inspection at the Marshall County Court House, 1 East Main Street, Marshalltown, Iowa. Send comments to The Honorable Gordie Johnson, Chairman, Marshall County Board of Supervisors, 1 East Main Street, Marshalltown, Iowa 50158.
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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) ♦(NAVD) Existing Modified
MO ...... Madison County Little St. Francis River ...... Approximately 8,550 feet downstream of None *703 (Unincorporated West Main Street. Areas). Approximately 3,960 feet downstream of None *716 the Missouri Pacific Railroad. Saline Creek ...... Approximately 530 feet upstream of the None *718 abandoned Railroad Spur. Approximately 2,510 feet upstream of the None *726 abandoned Railroad Spur. Village Creek ...... Just downstream of Catherine Mine Road None *707 Just downstream of the Missouri Pacific None *709 Railroad. Maps are available for inspection at Madison County Courthouse, #1 Courthouse Square, Fredericktown, Missouri. Send comments to the Honorable Robert Mooney, Presiding Commissioner, Madison County Courthouse, #1 Courthouse Square, Frederick- town, Missouri 63645.
TX ...... Corinth, Town of Swisher Creek ...... At North Shady Shores Road ...... *537 *537 Denton County. Lake Dallas, City of Swisher Creek ...... At Jean Street about 70 feet east of Fair- None *579 Denton County. view Drive. GS–1 ...... At North Shady Shores Road ...... *537 *537 Shady Shores, GS–1 ...... About 100 feet upstream of Dobbs Road None *552 Town of Denton County. Maps are available for inspection at Denton County Government Center, 306 North Loop 288, Suite 115, Denton, Texas. Send comments to the Honorable Scott Armey, Court-House-on-the-Square, 110 West Hickory Street, Denton, Texas 76201. Maps are available for inspection at the Town Hall, 2003 South Corinth Street, Corinth, Texas. Send comments to The Honorable J. B. Troutman, Town Hall, 2003 South Corinth Street, Corinth, Texas 76205. Maps are available for inspection at City Hall, 303 Alamo, Lake Dallas, Texas. Send comments to The Honorable Steve Wohr, City Hall, 303 Alamo Avenue, Lake Dallas, Texas 75065. Maps are available for inspection at City Hall, 101 South Shady Shores Road, Shady Shores, Texas. Send comments to The Honorable Olive Stephens, P.O. Box 362, Lake Dallas, Texas 75065.
TX ...... Town of Leona, Adkisson Branch ...... •298 •325 Leon County. Leona Branch ...... •300 •356 Leona Branch Tributary 1 •315 •349 Leona Branch Tributary 2 •299 •315 Maps are available for inspection at City Hall, Highway 75, Leona, Texas.
(Catalog of Federal Domestic Assistance No. Dated: May 14, 2002. 83.100, ‘‘Flood Insurance.’’) Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration. [FR Doc. 02–12650 Filed 5–20–02; 8:45 am] BILLING CODE 6718–04–P
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Notices Federal Register Vol. 67, No. 98
Tuesday, May 21, 2002
This section of the FEDERAL REGISTER the form of Commodity Import Programs Title: Sugar Program, 7 CFR Part 1435. contains documents other than rules or (CIPs). These funds are made available OMB Control Number: 0560–0093. proposed rules that are applicable to the to host countries to be allocated to the Type of Request: Reinstatement of a public. Notices of hearings and investigations, public and private sectors for Previously Approved Information committee meetings, agency decisions and purchasing various commodities from rulings, delegations of authority, filing of Collection. petitions and applications and agency the U.S., or in some cases, from other Abstract: The Secretary of Agriculture statements of organization and functions are developing countries. In accordance is authorized to make price support examples of documents appearing in this with section 604(f) of the Foreign through the Commodity Credit section. Assistance Act of 1961, as amended, Corporation (CCC) by eligible sugar USAID may finance only those processors or refiners on behalf of the commodities which are determined grower delivering eligible sugar to them. AGENCY FOR INTERNATIONAL eligible and suitable in accordance with Sugar loans provide eligible processors DEVELOPMENT various statutory requirements and with interim financing on their agency policies. Using the Application inventory, facilitate the orderly Notice of Public Information for approval of Commodity Eligibility Collections being Reviewed by the U.S. distribution of sugar throughout the (form AID 11), the supplier certifies to year, and provide a market floor through Agency for International Development; USAID information about the Comments Requested the set loan rate. Instead of selling the commodities being supplied, as crop immediately at harvest, a loan SUMMARY: U.S. Agency for International required in section 604(f), so that allows a processor to store the Development (USAID) is making efforts USAID may determine eligibility. production, pledging the crop itself as Annual Reporting Burden: collateral. to reduce the paperwork burden. USAID Respondents: 260. invites the general public and other Total annual responses: 850. Respondents: Sugar beet and Sugar Federal agencies to take this Total annual hours requested: 425 Cane Processors. opportunity to comment on the hours. Estimated Number of Respondents: following proposed and/or continuing 43. Dated: May 13, 2002. information collections, as required by Estimated Number of Responses per Joanne Paskar, the Paperwork Reduction Act for 1995. Respondent: 2. Comments are requested concerning: (a) Chief, Information and Records Division, Office of Administrative Services, Bureau for Estimated Total Annual Burden on Whether the proposed or continuing Respondents: 58 hours. collections of information are necessary Management. Proposed topics for comment include: for the proper performance of the [FR Doc. 02–12678 Filed 5–20–02; 8:45 am] (a) Whether the collection of functions of the agency, including BILLING CODE 6116–01–M information is necessary for the proper whether the information shall have performance of the functions of the practical utility; (b) the accuracy of the agency, including whether the burden estimates; (c) ways to enhance DEPARTMENT OF AGRICULTURE information will have practical utility the quality, utility, and clarity of the and protect the interests of CCC and the information collected; and (d) ways to Request for Reinstatement of a producer; (b) the accuracy of the minimize the burden of the collection of Previously Approved Information agency’s estimate of burden including information on the respondents, Collection the validity of the methodology and including the use of automated AGENCY: Commodity Credit Corporation. assumptions used; (c) ways to enhance collection techniques or other forms of ACTION: Notice of request for comment. the quality, utility, and clarity of the information technology. information collected; or (d) ways to SUMMARY: In accordance with the DATES: Submit comments on or before minimize the burden of the collection of Paperwork Reduction Act of 1995, this July 22, 2002. the information on those who respond, notice announces the intention of the FOR FURTHER INFORMATION CONTACT: including the use of appropriated Farm Service Agency (FSA) to request Beverly Johnson, Bureau for automated, electronic, mechanical, or for reinstatement of the information Management, Office of Administrative techniques or other forms of information collection previously approved for the Services, Information and Records technology. Sugar Program. Division, U.S. Agency for International Comments should be sent to the Desk DATES: Comments on this notice must be Development, Room 2.07–106, RRB, Officer for Agriculture, Office of received on or before July 22, 2002 to be Washington, DC, 20523, (202) 712–1365 Information and Regulatory Affairs, assured consideration. or via e-mail [email protected]. Office of Management and Budget, SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Washington, DC 20503 and to Danielle OMB No: OMB 0412–0004. Danielle Cooke, USDA/Farm Service Cooke, USDA/Farm Service Agency, Form No.: AID 11. Agency, 1400 Independence Avenue, 1400 Independence Avenue, SW, STOP Title: Application for Approval of SW, STOP 0512; Washington, DC 0512; Washington, DC 20250–0512, Commodity Eligibility. 20550–0512, telephone number (202) telephone number (202) 720–1919. All Type of Review: Renewal of 720–1919. Comments may also be responses to this notice will be Information Collection. submitted by e-mail to: Danielle summarized and included in the request Purpose: USAID provides loans and [email protected]. for OMB approval. All comments will grants to some developing countries in SUPPLEMENTARY INFORMATION: become a matter of public record.
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Signed at Washington, DC on May 14, for this EIS. Mr. Caplan may be To assist the Forest Service in 2002. contacted at Umpqua National Forest, identifying and considering issues and James R. Little, PO Box 1008, Roseburg, OR 97470. concerns on the proposed action, Executive Vice President, Commodity Credit SUPPLEMENTARY INFORMATION: The comments on the Supplement to the Corporation. Lemolo Watershed Project proposed draft EIS should be as specific as [FR Doc. 02–12640 Filed 5–20–02; 8:45 am] action was first published in the federal possible. It is also helpful if comments BILLING CODE 3410–05–M register on April 14, 1999. A public refer to specific pages or chapters of the meeting was held at the Douglas County draft statement. Comments may also Library on April 21, 1999 along with a address the adequacy of the draft EIS or DEPARTMENT OF AGRICULTURE subsequent field trip to the planning the merits of the alternatives formulated and discussed in the statement. Forest Service area in August of 1999. The draft EIS was published in October, 2001. The (Reviewers may wish to refer to the Supplement to the Draft Environment Forest Service received many comments Council on Environmental Quality Impact Statement, Lemolo Watershed on the project during the 45 day Regulations for implementing the Projects, Diamond Lake Ranger comment period. Public comments procedural provisions of the National District, Umpqua National Forest, identified issues related to harvest of Environmental Policy Act of 40 CFR Douglas County, Oregon old-growth timber, and protection of 1503.3 in addressing these points.) recreation values. Based on public In the final EIS, the Forest Service is AGENCY: Forest Service, USDA. comment, 2 additional alternatives to required to respond to substantive ACTION: Notice of Intent to Supplement the proposed action have been comments and responses received to a Draft Environmental Impact developed to address these issues and during the comment period that pertain Statement. will be described in the Supplement to to the environmental consequences the Draft Environmental Impact discussed in the draft EIS and SUMMARY: The USDA, Forest Service, applicable laws, regulations, and will prepare a Supplement to the Draft Statement. A total of 5 alternatives policies considered in making a Environmental Impact Statement (EIS) including the No Action and the decision regarding the proposal. The for a variety of connected resource Proposed Action alternative have been Responsible Official will document the projects within the Lemolo Watershed developed. decision and rationale for the decision Projects planning area of the Diamond Public comments are appreciated in a Record of Decision. That decision Lake Ranger District. The Draft throughout the analysis process. The will be subject to appeal under, 36 CFR Supplemental EIS will describe draft EIS is expected to be filed with the Part 215. additional alternatives developed in Environmental Protection Agency (EPA) response to public comments. The and be available for public review by Dated: May 7, 2002. additional alternatives address issues July 2002. The comment period on the James Caplan, draft EIS will be 45 days from the date related to old-growth forests, and Forest Supervisor, Umpqua National Forest. recreation. The projects proposed the EPA publishes the notice of availability in the Federal Register. The [FR Doc. 02–12646 Filed 5–20–02; 8:45 am] within the range of alternatives include BILLING CODE 3410–11–M several timber sales, the construction of final EIS is scheduled to be available in temporary and system roads, site October 2002. preparation, planting, the burning of The Forest Service believes it is DEPARTMENT OF AGRICULTURE natural fuels, road decommissioning, important to give reviewers notice of and soil restoration. These projects are this early stage of public participation Forest Service proposed for implementation in 2003 and of several court rulings related to and 2004. The planning area is located public participation in the environment Lake Tahoe Basin Federal Advisory approximately 80 miles east of review process. First, reviewers of a Committee Roseburg, Oregon. The agency gives draft EIS must structure their AGENCY: Forest Service, USDA. notice of the full environmental analysis participation in the environmental and decision-making process that will review of the proposal so that it is ACTION: Notice of meeting. occur on the proposal so that interested meaningful and alerts an agency to the and affected people may become aware reviewer’s position and contentions. SUMMARY: The Lake Tahoe Basin Federal of how they can participate in the Vermont Yankee Nuclear Power Corp. v. Advisory Committee will hold a process and contribute to the final NRDC, 435 U.S. 519, 553 (1978). Also, meeting on June 13, 2002, at the decision. environmental objections that could Convention Center, Horizon Casino and have been raised at the draft stage may Resort, Highway 50, Stateline, NV. This ADDRESSES: Send written comments and be waived or dismissed by the court if Committee, established by the Secretary suggestions concerning this proposal to not raised until after completion of the of Agriculture on December 15, 1998, John Ouimet, District Ranger, Diamond final EIS. City of Angoon v. Hodel, 803 (64 FR 2876) is chartered to provide Lake Ranger District, 2020 Toketee f.2d 1016, 1022 (9th Cir, 1986) and advice to the Secretary on implementing Ranger Station RD, Roseburg, Oregon Wisconsin Heritages, Inc. v. Harris, 490 the terms of the Federal Interagency 97447–9704. F. Supp. 1334, 1338 (E.D. Wis. 1980). Partnership on the Lake Tahoe Region FOR FURTHER INFORMATION CONTACT: Because of these court rulings, it is very and other matters raised by the Direct questions about the proposed important that those interested in this Secretary. action, or EIS to Pat Williams, ID Team proposed action participate by the close Leader/Project Planner, Diamond Lake of the 45-day comment period so DATES: The meeting will be held June Ranger District, 2020 Toketee Ranger substantive comments and objections 13, 2002, beginning at 9:00 a.m. and Station RD, Idleyld Park, Oregon 97447– are made available to the Forest Service ending at 4:30 p.m. 9704, or (541) 498–2531. at a time when it can meaningfully ADDRESSES: The meeting will be held at RESPONSIBLE OFFICIAL: Forest Supervisor consider and respond to them in the the Convention Center, Horizon Casino James Caplan is the responsible official final EIS. and Resort, Highway 50, Stateline NV.
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FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Agenda Steen, National Interagency Fire Center, Maribeth Gustafson or Jeannie Stafford, topics include reviewing project 3833 South Development Avenue, Lake Tahoe Basin Management Unit, proposals and receiving public Boise, Idaho 83705 (telephone 208–387– Forest Service, 870 Emerald Bay Road comment. 5100), and for ID 2670–2002–1 by Suite 1, South Lake Tahoe, CA 96150, Dated: May 13, 2002. contacting Tina Kingsberry, Forest (530) 573–2642. Bob Castaneda, Service, USDA, Watershed, Fish, SUPPLEMENTARY INFORMATION: The Forest Supervisor. Wildlife, Air, and Rare Plants Staff, Stop Code 1121, 1400 Independence Avenue committee will meet jointly with the [FR Doc. 02–12629 Filed 5–20–02; 8:45 am] Lake Tahoe Federal Interagency SW., Washington, DC 20250–1121 BILLING CODE 3410–11–M Partnership. Items to be covered on the (telephone 202–205–1205). Members of agenda include: Lands and Budget the public who wish to comment on the Subcommittee reports, the Federal DEPARTMENT OF AGRICULTURE interim directives may mail their Partnership perspective the Partnership, written comments in paper format to Lake Tahoe August Congressional Forest Service these addresses or send them Event, update on the USFS Lake Tahoe electronically to Restoration Act projected list, USACE Clarification of Direction on Safety [email protected]. Priorities During Wildland Firefighting update on Lade Tahoe projects, the FOR FURTHER INFORMATION CONTACT: status of Lake Tahoe atmospheric Activities and Procedures for Shelly Steen (208–387–5100) or Tina deposition, and public comment. All Emergency Consultation under the Kingsberry (202–205–1205). Lake Tahoe Basin Federal Advisory Endangered Species Act Dated: May 14, 2002. Committee meetings are open to the AGENCY: Forest Service, USDA. public. Interested citizens are Sally Collins, ACTION: Notice of issuance of agency Associate Chief. encouraged to attend. Issues may be interim directives. brought to the attention of the [FR Doc. 02–12719 Filed 5–20–02; 8:45 am] Committee during the open public SUMMARY: The Forest Service is issuing BILLING CODE 3410–11–P comment period at the meeting or by two interim directives to provide filing written statements with the internal administrative direction to secretary for the Committee before or guide its employees during wildland DEPARTMENT OF AGRICULTURE firefighting activities. The interim after the meeting. Please refer any Rural Utilities Service written comments to the Lake Tahoe directive issued to Forest Service Basin Management Unit at the contact Manual chapter FSM 5130, Wildland East River Electric Power Cooperative, address stated above. Fire Suppression, as ID number 5130– Inc., Notice of Finding of No Significant Dated: May 13, 2002. 2002–1, clarifies existing direction to Impact ensure that the safety of firefighters, Maribeth Gustafson, other personnel, and the public is AGENCY: Rural Utilities Service, USDA. Forest Supervisor. always the first priority in fire ACTION: Notice of finding of no [FR Doc. 02–12701 Filed 5–20–02; 8:45 am] suppression. While this is already the significant impact. BILLING CODE 3410–11–M current agency policy, the agency believes that the direction should be SUMMARY: Notice is hereby given that clarified and better stated. The interim the Rural Utilities Service (RUS) has DEPARTMENT OF AGRICULTURE directive issued to Forest Service made a finding of no significant impact in connection with a request from East Forest Service Manual chapter FSM 2670, Threatened, Endangered, and Sensitive Plants and River Electric Power Cooperative (EREPC) for assistance from RUS to Notice of Lincoln County Resource Animals, as ID number 2670–2002–1, finance the construction of an electrical Advisory Committee Meeting clarifies and expands existing direction to facilitate emergency consultation substation, a short segment of 230kV AGENCY: Forest Service, USDA. under the Endangered Species Act. This transmission line, and a communication ACTION: Notice of meeting. interim directive makes clear that tower in Lincoln County, South Dakota. human safety is the highest priority for FOR FURTHER INFORMATION CONTACT: SUMMARY: Pursuant to the authorities in every emergency response action, and Nurul Islam, Environmental Protection the Federal Advisory Committee Act under no circumstances should an Specialist, Rural Utilities Service, (Public Law 92–463) and under the emergency response action be delayed Engineering and Environmental Staff, Secure Rural Schools and Community in order to contact the Fish and Wildlife Stop 1571, 1400 Independence Avenue, Self-Determination Act of 2000 (Public Service or the National Marine Fisheries SW., Washington, DC 20250–1571, Law 106–393) the Kootenai National Service for initiating emergency telephone (202) 720–1414, Fax (202) Forests’ Lincoln County Resource consultation or during an ongoing 720–0820, e-mail [email protected]. Advisory Committee will meet Monday, consultation. The agency will consider Information is also available from Mr. June 3, 2002 at 6:30 p.m. in Libby, any comments received in the Ronald W. Golden, Land Agent, East Montana for a business meeting. The development of final directives. River Electric Power Cooperative, Inc., meeting is open to the public. DATES: The interim directives are 121 Southeast First Street, Madison, DATES: June 3, 2002. effective May 21, 2002. South Dakota 5704, telephone (605) ADDRESSES: The meeting will be held at ADDRESSES: The interim directives are 256–4536, Fax (605) 256–8058, e-mail the Kootenai National Forest available electronically from the Forest [email protected]. Supervisor’s Office, located at 1101 U.S. Service via the World Wide Web/ SUPPLEMENTARY INFORMATION: East River Highway 2 West, Libby, MT. Internet at http://www.fs.fed.us/im/ Electric Power Cooperative (EREPC) FOR FURTHER INFORMATION CONTACT: directives. Single paper copies of the proposes to construct an electrical Barbara Edgmon, Committee interim directives also are available for substation, a short segment of 230 kV Coordinator at (406) 293–6211. ID 5130–2002–1 by contacting Shelly transmission line and a communication
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tower in Lincoln County, South Dakota. Office, 100 East Fifth Street, Canton, Republic of China (PRC), covering the The proposed Virgil Fodness 230 kV South Dakota 57013. period December 1, 1999 through November 30, 2000 (66 FR 8378). On Substation will be located in the Blaine D. Stockton, southwest corner of the Southeast December 4, 2001, the Department Assistant Administrator, Electric Program, Quarter (SE1/4) of Section two, published an extension of time limit for Rural Utilities Service. the preliminary results. On January 17, Township 99 North, Range 51 West in [FR Doc. 02–12639 Filed 5–20–02; 8:45 am] Lincoln County. The overall height of 2002, we published the preliminary BILLING CODE 3410–15–P the communication tower with antenna results of review (67 FR 2402). In our will be 285 feet. The tower will be a notice of preliminary results, we stated our intention to issue the final results of self-supporting type with red DEPARTMENT OF COMMERCE this review no later than 120 days from obstruction lighting. The existing 230 the date of publication of the kV transmission line will be rerouted International Trade Administration preliminary results. and it will need the addition of four [A–570–827] steel poles. The height of the poles will Extension of Time Limit for Final vary between 95 feet and 145 feet. The Certain Cased Pencils from the Results of Review facility will require 20 acres to People’s Republic of China: Extension We determine that it is not practicable construct. It will make it possible for of Time Limit for Final Results of to complete the final results of this EREPC to provide transmission and Antidumping Duty Administrative review within the original time limit. transformation service to meet the Review Therefore the Department is extending increasing power requirements of its the time limit for completion of the final member distribution system. RUS may AGENCY: Import Administration, results until no later than July 16, 2002. provide financial assistance to EREPC International Trade Administration, See Memorandum from Holly A. Kuga Department of Commerce. for this project. RUS has concluded that to Bernard T. Carreau, dated the impacts of the proposed project EFFECTIVE DATE: May 21, 2002. concurrently with this notice, which is would not be significant and the FOR FURTHER INFORMATION CONTACT: Paul on file in the Central Records Unit, proposed action is not a major federal Stolz at (202) 482–4474, Michele Mire at Room B–099 of the main Commerce action significantly affecting the quality (202) 482–4711, or Crystal Crittenden at building. This extension is in accordance with of the human environment. Therefore, (202) 482–0989, AD/CVD Enforcement, section 751(a)(3)(A) of the Act. the preparation of an environmental Office 4, Group II, Import impact statement is not necessary. RUS, Administration, Room 1870, Dated: May 8, 2002. in accordance with its environmental International Trade Administration, Bernard T. Carreau, U.S. Department of Commerce, 14th policies and procedures, required that Deputy Assistant Secretary for Import Street and Constitution Avenue, NW, EREPC prepare an Environmental Administration, Group II. Washington, DC 20230. Report reflecting the potential impacts [FR Doc. 02–12724 Filed 5–20–02; 8:45 am] SUPPLEMENTARY INFORMATION: of the proposed facilities. The BILLING CODE 3510–DS–S Environmental Analysis, which Time Limits: includes input from federal, state, and Statutory Time Limits DEPARTMENT OF COMMERCE local agencies, has been reviewed and accepted as RUS’ Environmental Section 751(a)(3)(A) of the Tariff Act International Trade Administration Assessment (EA) for the project in of 1930, as amended (the Act), requires [A–337–806] accordance with 7 CFR 1794.41. EREPC the Department to make a preliminary determination within 245 days after the published notices of the availability of Notice of Final Determination of Sales the EA and solicited public comments last day of the anniversary month of an order/finding for which a review is at Less Than Fair Value: IQF Red per 7 CFR 1794.42. The 30-day Raspberries from Chile comment period on the EA for the requested and a final determination within 120 days after the date on which proposed project ended May 6, 2002. No AGENCY: Import Administration, the preliminary determination is comments were received on the EA. International Trade Administration, published. However, if it is not Department of Commerce. Based on the EA, RUS has concluded practicable to complete the review ACTION: Notice of final determination of that the proposed action will not have within these time periods, section sales at less than fair value. a significant effect on various resources, 751(a)(3)(A) of the Act allows the including important farmland, Department to extend the time limit for SUMMARY: The Department of Commerce floodplains, wetlands, cultural the preliminary determination to a has conducted an antidumping duty resources, threatened and endangered maximum of 365 days and for the final investigation of IQF red raspberries from species and their critical habitat, air and determination to 180 days (or 300 days Chile. We determine that individually water quality, and noise. RUS has also if the Department does not extend the quick frozen (‘‘IQF’’) red raspberries determined that there would be no time limit for the preliminary from Chile are being sold in the United negative impacts of the proposed project determination) from the date of States at less than fair value, as on minority communities and low- publication of the preliminary provided in section 735(a) of the Tariff income communities as a result of the determination. Act of 1930, as amended. On December construction of the project. 31, 2001, the Department of Commerce Background published its preliminary determination The EA is available for public review On January 31, 2001, the Department of sales at less than fair value of IQF red at the RUS or the headquarters of EREPC published a notice of initiation of raspberries from Chile. Based on the at the addresses provided in this notice administrative review of the results of verification and our analysis and at the following location: Lincoln antidumping duty order on certain of the comments received, we have County Courthouse, County Auditor’s cased pencils from the People’s made changes in the margin
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calculations. Therefore, this final The petitioners and respondents filed calculation memorandum for Comfrut determination differs from the case and rebuttal briefs, respectively, on (‘‘Comfrut Calculation Memorandum’’) preliminary determination. The final April 15 and April 18, 2002. At the and the March 22, 2002 sales weighted-average dumping margins are request of the petitioners, the verification report for Comfrut listed below in the section entitled Department held a public hearing on (‘‘Comfrut Sales Verification Report’’). Continuation of Suspension of April 22, 2002. Frucol Liquidation. Scope of Investigation We corrected certain ministerial EFFECTIVE DATE: May 21, 2002. The products covered by this errors from the preliminary FOR FURTHER INFORMATION CONTACT: Cole investigation are imports of IQF whole determination (see the Ministerial Errors Kyle or Blanche Ziv, Import or broken red raspberries from Chile, Memo). We revised reported amounts, Administration, International Trade with or without the addition of sugar or where appropriate, with respect to Administration, U.S. Department of syrup, regardless of variety, grade, size payment date, inland freight, indirect Commerce, 14th Street and Constitution or horticulture method (e.g., organic or selling expenses, credit expenses, gross Avenue, NW, Washington, DC 20230; not), the size of the container in which unit price, and brokerage expenses telephone: (202) 482–1503, or (202) packed, or the method of packing. The based on information collected at 482–4207, respectively. scope of the investigation excludes fresh verification. We also revised the SUPPLEMENTARY INFORMATION: red raspberries and block frozen red reported amounts for packing and direct selling expenses. For further The Applicable Statute and Regulations raspberries (i.e., puree, straight pack, juice stock, and juice concentrate). information, see the May 15, 2002 Unless otherwise indicated, all The merchandise subject to this calculation memorandum for Frucol citations to the Tariff Act of 1930, as investigation is classifiable under (‘‘Frucol Calculation Memorandum’’) amended (‘‘the Act’’), are references to section 0811.20.2020 of the Harmonized and the March 7, 2002 sales verification the provisions effective January 1, 1995, Tariff Schedule of the United States report for Frucol (‘‘Frucol Sales the effective date of the amendments (‘‘HTSUS’’). Although the HTSUS Verification Report’’). made to the Act by the Uruguay Round subheading is provided for convenience Olmue Agreements Act (‘‘URAA’’). In addition, and customs purposes, the written unless otherwise indicated, all citations description of the merchandise under We corrected certain ministerial to the Department of Commerce investigation is dispositive. errors from the preliminary (‘‘Department’’) regulations are to 19 determination (see the Ministerial Errors CFR Part 351 (April 2001). Period of Investigation Memo). We revised reported amounts for international freight, gross unit Case History The period of investigation (‘‘POI’’) is April 1, 2000, through March 31, 2001. price, and direct selling expenses for Since the publication of the several sales based on information preliminary determination in this Fair Value Comparisons obtained at verification. We also revised investigation (see Notice of Preliminary To determine whether sales of IQF red the reported amount for indirect selling Determination of Sales at Less Than raspberries from Chile to the United expenses and inventory carrying costs. Fair Value and Postponement of Final States were made at less than fair value, For further information, see the May 15, Determination: IQF Red Raspberries we compared export price (‘‘EP’’) to 2002 calculation memorandum for From Chile, 66 FR 67510 (December 31, normal value (‘‘NV’’). Our calculations Olmue (‘‘Olmue Calculation 2001) (‘‘Preliminary Determination’’)), follow the methodologies described in Memorandum’’) and the April 3, 2002 the following events have occurred: the Preliminary Determination, except sales verification report for Olmue On January 9, 2002, the petitioners as noted below and in each individual (‘‘Olmue Sales Verification Report’’). and the respondents submitted respondent’s calculation memorandum, Normal Value ministerial error allegations regarding dated May 15, 2002, which are on file the Department’s preliminary margin in the Department’s CRU. We used the same methodology as calculations. For a detailed discussion that described in the preliminary of the allegations and the Department’s Export Price determination to determine the cost of analysis, seeMemorandum to Richard For sales to the United States, we production (‘‘COP’’), whether W. Moreland, ‘‘Ministerial Errors in the used EP as defined in section 772(a) of comparison market sales were at prices Preliminary Determination in the the Act. We calculated EP based on the below the COP, and the NV, with the Antidumping Duty Investigation of same methodologies described in the following exceptions: Individually Quick Frozen (IQF) Red Preliminary Determination, with the 1. Cost of Production Analysis Raspberries from Chile’’ (‘‘Ministerial following exceptions: Errors Memo’’) dated January 15, 2002, Comfrut Comfrut which is on file in the Import We made adjustments to Comfrut’s Administration’s Central Records Unit We corrected certain ministerial costs based on verification findings (see (‘‘CRU’’), Room B–099 of the main errors from the preliminary Comfrut Calculation Memorandum and Department of Commerce building. determination (see the January 15, 2002 the March 6, 2002 cost verification In January and February 2002, we Ministerial Errors Memo). We revised report for Comfrut). We are not making conducted verifications of the reported amounts, where appropriate, the major input adjustment made in the questionnaire responses submitted by with respect to international freight, preliminary determination. For further Comercial Fruticola (‘‘Comfrut’’), shipping date, and direct selling information, see the Comfrut Exportadora Frucol (‘‘Frucol’’), and expenses based on information obtained Calculation Memorandum. Fruticola Olmue (‘‘Olmue’’) at verification. We also revised the (collectively, ‘‘the respondents’’). We reported amounts for warehousing Frucol issued verification reports in March and expenses, indirect selling expenses, and We have calculated a single, April 2002. See ‘‘Verification’’ section of inventory carrying costs. For further weighted-average cost of fresh this notice for further discussion. information, see the May 15, 2002 raspberries for Frucol. For the reasons
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discussed in our response to Comment For further information, see the Olmue The weighted-average dumping 1 in the May 15, 2002 Issues and Calculation Memorandum and the margins are as follows: Decision Memorandum for the Olmue Sales Verification Report at Antidumping Duty Investigation of IQF Exhibit S–1. Weighted-Average Red Raspberries from Chile; Final Exporter/Manufacturer Margin Currency Conversions Percentage Determination(‘‘Decision We made currency conversions in Memorandum’’), we have used market Comercial Fruticola ...... 0.50 percent (de prices for the berries grown by Frucol accordance with section 773A of the Act minimis) and, for the reasons discussed in in the same manner as in the Exportadora Frucol ...... 0.00 percent response to Comment 3 in the Decision preliminary determination. Fruticola Olmue ...... 5.98 percent Memorandum, we have used the higher Verification All Others ...... 5.98 percent of market or transfer prices for the berries purchased by Frucol’s affiliated As provided in section 782(i)(1) of the Pursuant to section 735(c)(5)(A), we supplier. Also, based on our findings at Act, we verified the information have excluded from the calculation of verification, we made revisions to submitted by all responding companies the all others rate margins which are Frucol’s interest expense and total cost during January and February 2002. We zero or de minimis. of manufacturing, including, direct used standard verification procedures, ITC Notification labor, SG&A, variable overhead, and including examination of relevant fixed overhead. See the Frucol accounting and production records, as In accordance with section 735(d) of Calculation Memorandum, the April 2, well as original source documents the Act, we have notified the 2002 cost verification report for Frucol provided by the respondent. International Trade Commission (‘‘ITC’’) (‘‘Frucol’s Cost Verification Report’’) Analysis of Comments Received of our determination. As our final and Comments 1, 2, 4, 5, and 6 of the All issues raised in the case and determination is affirmative, the ITC Decision Memorandum). rebuttal briefs by parties to this will, within 45 days, determine whether Olmue investigation are addressed in the these imports are materially injuring, or threaten material injury to, the U.S. Based on our findings at verification, Decision Memorandum, which is hereby adopted by this notice. Attached to this industry. If the ITC determines that we made revisions to Olmue’s total cost material injury, or threat of material of manufacturing, including raw notice as an appendix is a list of the issues which parties have raised and to injury, does not exist, the proceeding materials, direct labor, variable will be terminated and all securities overhead, and fixed overhead. See the which we have responded in the Decision Memorandum. Parties can find posted will be refunded or canceled. If Olmue Calculation Memorandum and the ITC determines that such injury the Olmue Cost Verification Report. a complete discussion of all issues raised in this investigation and the does exist, the Department will issue an 2. Calculation of NV corresponding recommendations in this antidumping duty order. Comfrut public memorandum, which is on file in This notice also serves as a reminder the Department’s CRU. In addition, a to parties subject to administrative We revised the reported amounts for complete version of the Decision protective order (‘‘APO’’) of their billing adjustments and credit expenses Memorandum can be accessed directly responsibility concerning the for certain sales based on information disposition of proprietary information obtained at verification. We also revised on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version disclosed under APO in accordance the reported amounts for warehousing with 19 CFR 351.305. Timely expenses, indirect selling expenses, and of the Decision Memorandum are identical in content. notification of return or destruction of inventory carrying costs. For further APO materials, or conversion to judicial information, see the Comfrut Continuation of Suspension of protective order, is hereby requested. Calculation Memorandum and the Liquidation Failure to comply with the regulations Comfrut Sales Verification Report. In accordance with section and the terms of an APO is a Frucol 735(c)(1)(B) of the Act, we are directing sanctionable violation. We corrected certain ministerial the U.S. Customs Service (‘‘Customs’’) This determination is issued and errors from the preliminary to continue to suspend liquidation of all published in accordance with sections determination (see the Ministerial Errors imports of IQF red raspberries from 735(d) and 777(i)(1) of the Act. Chile (except for entries from Comercial Memo ). Based on information collected Dated: May 15, 2002. Fruticola and Exportadora Frucol) that at verification, we revised the reported Faryar Shirzad, form, control number, commissions, and are entered, or withdrawn from warehouse, for consumption on or after Assistant Secretary for Import customer code for certain sales. We also Administration. revised the reported amounts for December 31, 2001, the date of packing and direct selling expenses. For publication of the Preliminary APPENDIX Determination in the Federal Register. further information, see the Frucol List of Comments in the Issues and Comercial Fruticola and Exportadora Calculation Memorandum and the Decision Memorandum Frucol Sales Verification Report at Frucol have de minimis and zero Exhibit S–1. margins, respectively, and will be Frucol excluded from the antidumping duty Comment 1:COP Methodology Olmue order, if issued. Customs shall continue We revised reported amounts for gross to require a cash deposit or the posting Comment 2: Production Quantities unit price, brokerage and handling, and of a bond equal to the weighted-average Comment 3: Frucol’s Purchases of Fresh direct selling expenses for several sales amount by which the NV exceeds the Raspberries based on information obtained at EP, as appropriate, as indicated in the Comment 4: Extraordinary Costs verification. We also revised the chart below. These suspension of Comment 5: Unreconciled Differences reported amounts for indirect selling liquidation instructions will remain in Comment 6: General and Administrative expenses and inventory carrying costs. effect until further notice. Expense Ratio
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Comment 7: Third Country Sales intentional, taking of small numbers of either a single airgun or more usually an Comment 8: Billing Adjustment marine mammals by U.S. citizens who array of airguns to indirectly view these engage in a specified activity (other than features. Because seismic noise from the Comfrut commercial fishing) within a specified proposed survey’s airguns could Comment 9: Direct Material Costs geographical region if certain findings potentially affect marine mammals due Comment 10: Raw Material Costs are made and either regulations are to disturbance by sound (i.e., acoustic issued or, if the taking is limited to harassment), an IHA under the MMPA Olmue harassment, a notice of a proposed is warranted. Comment 11: COM authorization is provided to the public Throughout western Washington state Comment 12: Sales to Third Country for review. and southwest British Columbia (BC), Comment 13: CV Profit Rate Permission may be granted if NMFS geological faults that might produce [FR Doc. 02–12725 Filed 5–20–02; 8:45 am] finds that the taking will have a earthquakes lie hidden beneath the BILLING CODE 3510–DS–S negligible impact on the species or dense forest and the waters of Puget stock(s) and will not have an Sound and the Strait of Georgia. unmitigable adverse impact on the Although some faults are known from DEPARTMENT OF COMMERCE availability of the species or stock(s) for limited exposures on land and from subsistence uses, and if the permissible marine seismic surveys, such as the National Oceanic and Atmospheric methods of taking and requirements Lummi Island and Outer Islands faults Administration pertaining to the monitoring and (see Figure 1 in the USGS application), [I.D. 010302E] reporting of such takings are set forth. more may have eluded detection in this NMFS has defined ‘‘negligible impact’’ little-studied area. Furthermore, the Small Takes of Marine Mammals in 50 CFR 216.103 as ‘‘...an impact amount of recent (<50,000 years) motion Incidental to Specified Activities; resulting from the specified activity that on these faults, if any, is unknown. Seismic Hazard Investigations in cannot be reasonably expected to, and is Estimating the frequency and sizes of Washington State not reasonably likely to, adversely affect earthquakes on both the known and the species or stock through effects on unknown faults is crucial to AGENCY: National Marine Fisheries annual rates of recruitment or survival.’’ understanding the earthquake risk to the Service (NMFS), National Oceanic and Subsection 101(a)(5)(D) of the MMPA cities of Bellingham and Anacortes, WA Atmospheric Administration (NOAA), established an expedited process by to Vancouver and Victoria, BC and to Commerce. which citizens of the United States can the more rural parts of the region. For ACTION: Notice of issuance of an apply for an authorization to more detailed information on the incidental harassment authorization. incidentally take small numbers of geological faults in this area, please refer marine mammals by harassment. The to the USGS application. SUMMARY: In accordance with provisions MMPA defines ‘‘harassment’’ as: Seismic reflection data will be of the Marine Mammal Protection Act any act of pursuit, torment, or annoyance collected during May, 2002 by the (MMPA) as amended, notification is which (a) has the potential to injure a marine Canadian research vessel J. P. Tully. hereby given that an Incidental mammal or marine mammal stock in the Seismic profiling will be done by Harassment Authorization (IHA) to take wild; or (b) has the potential to disturb a towing a 600–m (1,968.5–ft) long marine mammal or marine mammal stock in small numbers of marine mammals by the wild by causing disruption of behavioral hydrophone streamer for sensing and harassment incidental to collecting patterns, including, but not limited to, recording pressure changes from the marine seismic reflection data to migration, breathing, nursing, breeding, airgun echos. The streamer will be investigate the earthquake hazard in the feeding, or sheltering. towed at a depth of 5 m (16.4 ft). Near Straits of Georgia region of Washington Subsection 101(a)(5)(D) establishes a the forward end of the streamer, an State by the U.S. Geological Survey 45–day time limit for NMFS review of airgun will be towed about 10 m (32.8 (USGS) during May, 2002. an application followed by a 30–day ft) behind the ship at a depth of about DATES: This authorization is effective public notice and comment period on 5 m (16.4 ft). The hydrophone streamer, from April 30, 2002, through September any proposed authorizations for the which is connected to a computer 30, 2002. incidental harassment of small numbers recording system, will record echos of marine mammals. Within 45 days of coming from the strata beneath the sea ADDRESSES: A copy of the application the close of the comment period, NMFS bottom. These recordings will be and an Environmental Assessment (EA) must either issue or deny issuance of computer-processed to create an image may be obtained by writing to Donna the authorization. of the subsurface strata, including any Wieting, Chief, Marine Mammal faults that are crossed during the Conservation Division, Office of Summary of Request profiling. The seismic operation will Protected Resources, NMFS, 1315 East- In May, 2002, the USGS, in operate 24 hours/day while in U.S. West Highway, Silver Spring, MD cooperation with the Geological Survey waters and will be traveling at a speed 20910–3225, or by telephoning the of Canada and the University of of 6 to 8 knots (6.9 to 9.2 miles/hr; 11.1 contact listed below. Victoria, will collect marine seismic to 14.8 km/hr). FOR FURTHER INFORMATION CONTACT: reflection data to investigate the The sound source will be either a Kenneth R. Hollingshead, Office of earthquake hazards in the Straits of single, 120 inch3 airgun or, more likely, Protected Resources, NMFS, (301) 713– Georgia. For approximately 2 to 4 days a small array of airguns consisting of 2055, ext 128. this research will be in U.S. waters and two 40- in3 and two 20–in3 guns being SUPPLEMENTARY INFORMATION: about 17 to 19 days will be in Canadian fired within several milliseconds (1/ waters. Geological features around the 1000 second) of each other. The source Background Straits of Georgia that might produce will be chosen after tests at the Sections 101(a)(5)(A) and (D) of the earthquakes lie obscured beneath water, beginning of the cruise. Either way, this MMPA (16 U.S.C. 1361 et seq.) direct urban areas, forest, and thick glacial sound source, as measured by the the Secretary of Commerce to allow, deposits. As a result, investigators must volume of the chamber, is only 2 upon request, the incidental, but not use sound waves that are produced by percent of the size of the airgun array
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used in the USGS survey conducted in 5792), and a 30–day public comment cause more than a short-term 1998 in Puget Sound (see 63 FR 2213, period was provided on the application disturbance on a very few animals and January 14, 1998). Both of the USGS′ and proposed authorization. Comments would therefore have a negligible potential sources for this activity will were received from the Marine Mammal impact on the killer whale population or produce similar levels of sound Commission (MMC) and Lifeforce. stock. pressure, which is estimated to be about Comment 1: Lifeforce advises that all On August 13, 2001 (66 FR 42499), 225 dB. An array of small airguns activities that could produce any NMFS announced that a petition to list increases the frequency of the sound undetermined impact on marine the eastern North Pacific southern over that from a single gun, and an array wildlife must not be permitted. This resident stock of killer whales as better directs the sound downward. This should be of special concern regarding endangered or threatened species under array has been used previously in the the southern community of resident the Endangered Species Act (ESA) and inland waters of Canada (Reidel et al., orca. They are in the planned research to designate critical habitat for this stock 1999), and the characteristics of this area during April and May. In 2001 all under the ESA presented substantial sound source have been measured (see three pods were present in May. The scientific information indicating that a Figure 3 in the USGS application). abundance of orcas is high. Noise from listing may be warranted and would The airgun does not emit a prolonged these tests could interrupt foraging, initiate an ESA status review. In sound source; rather, it emits an socializing, and resting periods. These accordance with section 4(b)(3)(B) of the impulsive noise burst (<10 types of disturbance are believed to ESA, NMFS is completing its status milliseconds) with a peak-to-peak (P-P) jeopardize the survival of this review on this stock. sound pressure level (SPL) estimated to population. The population was Comment 2: There has been evidence be between 220 dB and 230 dB. The recently designated as an endangered from necropsies on marine mammals USGS best estimate is that the source species by the Committee on the Status that damage to auditory systems can be will have an SPL of about 225 dB (P-P). of Endangered Wildlife in Canada caused by loud noises and can be fatal. This compares to an estimated SPL of (COSEWIC) and the U.S. Government is As in humans, hearing impairment can 240 dB (P-P) for the 6730 inch3 airgun considering similar action. be caused by short term and/or long array used in the 1998 Puget Sound Response: The proposed authorization term exposure to loud noises. Therefore, seismic survey project (Fisher, 1997). notice did not state that impacts could any exposure from these tests could The airgun will be fired almost not be determined, but that impacts have an immediate or accumulative continuously 3 to 6 times per minute. from noise were variable. If NMFS finds impact. There is about a 16–dB difference that the taking will be small, have a Response: Injury to both auditory and between measuring the P-P sound negligible impact on the species or non-auditory organs can be caused by pressure and the more commonly used stock(s) of affected marine mammals, loud impulse noise and by explosions as root-mean-square (RMS) measurement and will not have an unmitigable noted in the proposed authorization for assessing sound pressure impacts on adverse impact on the availability of the document and this document. However, marine mammals (6 dB converts P-P to species or stock(s) for subsistence uses, the acoustic sources proposed for use by peak-to-zero values, and an additional the taking by incidental harassment can this activity are unlikely to result in an 10 dB converts peak-to-zero to RMS be authorized under section 101(a)(5)(D) SPL sufficient to cause Level A values). NMFS’ criteria for safety radii of the MMPA. Due to the fairly low SPL harassment (i.e., injury). In addition, based on pressure measurements are for the single airgun or small airgun Diercks et al. (1971), as reported in based on the RMS or the average array (approximately 209 dB RMS) and Richardson et al. (1995) recorded killer received level over the duration of the the mitigation monitoring required whale echo-location clicks at 180 dB in sound pulse. These conversions mean under the IHA, marine mammal injury the 12 to 25-kHz frequency. For the that the USGS airgun array will be and mortality is unlikely. Impacts, proposed airgun, 180 dB (P-P) is approximately equivalent to a source therefore, would be limited to Level B approximately 50 m (32.8 ft) from the with a RMS sound pressure of about 204 harassment. Because behavioral source, at which distance the SPL on an to 214 dB (relative to 1 µPa), with a best reactions to the seismic airgun sounds RMS basis would be approximately 164 estimate being about 209 dB (RMS). and/or the USGS vessel could occur, the dB (180 dB would be less than 10 m This compares with the continuous USGS applied for an IHA under the (32.8 ft) from the acoustic source). noise from freighters and other ship MMPA. Provided certain findings are Therefore, since marine mammals are traffic in the area, which is estimated to made, as here, the MMPA allows marine unlikely to be injured by their own be 150 to 205 dB RMS (Richardson et mammals to be harassed, injured or vocalizations or vocalizations of al., 1995). killed incidental to conducting maritime conspecifics, it is unlikely that animals The frequency spectrum of the sound activities. would be injured by sounds from this emission was measured when the array The killer whale, however, appears to acoustic source unless the animal is was used in a previous study (Reidel et be fairly insensitive to LF sounds, with significantly closer to the airgun than 10 al., 1999). The airgun’s energy is hearing ability approximately 100–140 m (32.8 ft). Finally, because the activity concentrated below 200 Hz, with a rapid dB for LF-sound (Richardson et al., will be less than 19 days long, no long- decrease in amplitude with increasing 1995). This means that it would be term impacts are anticipated. frequency between 200 and 400 Hz. unlikely for killer whales to Comment 3: Seals should be regarded Frequencies above 400 Hz have behaviorally respond to the sounds as any other species in the mitigation amplitudes that are less than 10 percent unless the sounds are about 20 dB or and monitoring plans. It is known that of the lower frequencies. Frequencies higher above those levels. For the seal bombs and noise deterrents used on below 1,000 Hz (1 kHz) are considered airgun(s) planned to be used by this fish farms frighten seals and can cause low frequency (LF). activity, this means being close to the hearing damage. Lifeforce assumes that source. In addition, due to the short continuous noise from airguns would Comments and Responses duration of the activity under create similar problems. A notice of receipt of the application consideration here and the mitigation Response: Under section 101(a)(5)(D) and proposed authorization was required to be conducted, it is unlikely of the MMPA, it is NMFS’ responsibility published on February 7, 2002 (67 FR that impacts on killer whales would to ensure that the impact on marine
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mammals due to an activity is reduced observations on effects on all pinnipeds IHA is for the safety zone to be to the lowest level practicable. In after the airgun is again powered up. monitored for 15 minutes prior to the reviewing the information available, Comment 5: When cetaceans, such as time the source is turned on, if the NMFS has determined that it is not orcas, gray whales, humpback whales, source is powered up at night or in practicable to require applicants to minke whales and other slower moving inclement weather, the entire 50–m delay surveys in order to provide more cetaceans are sighted at any distance, (164–ft) safety zone needs to be visible protection for curious seals than has the tests should be suspended until they to the biological observers. Otherwise, been proposed by the applicant, unless are a safe distance from, and are clearly the source must remain below 160 dB re the animal indicates a significant moving away from the test site. When 1 micro Pa-m (RMS), until sufficient adverse effect (see response to comment faster dolphins and porpoises are light is available to observe the safety (RTC) 4 in this document). Delays due sighted at any distance near the safety zone(s). Alternatives to night-vision to shutdowns lengthen the time zone the tests should be suspended equipment would include lighting the necessary for completing surveys, until they are clearly heading in a safety zone with high intensity lights or requiring additional survey time and direction away from the research use of infra-red scopes, which operate resulting in a potential increase in activity. differently than most light-enhancement impacts on more sensitive marine Response: The USGS has devices. Infra-red scopes were tested by mammal species, and raise the potential recommended, and NMFS has adopted, biologists in 1997 and found to be for either increased costs for conducting shutdown criteria for this activity at 100 useful in detecting marine mammals at surveys or continuing surveys in future m (328 ft) for all cetaceans and night; however, they are expensive to years. As mentioned in this document pinnipeds. At 100 m (328 ft), the SPL rent or purchase and may not be and in prior Federal Register notices, from the proposed airgun(s) will be warranted for this short duration survey. seals and sea lions are believed to be approximately 170 dB (P-P) or 154 dB Comment 7: The applicants have less likely to be harmed by underwater (RMS). This shutdown distance is stated that their monitoring plans would noise than cetaceans, and have even significantly greater than is necessary to probably not meet MMPA requirements. been observed swimming in the bubbles protect marine mammals from the They state that funding would be of large seismic airgun arrays, a source potential for injury. As noted in RTC 3, required to meet adequate monitoring significantly more powerful than the suspension of activities whenever a objectives. one proposed for use by this activity. marine mammal is sighted is not Response: The USGS will be capable For impulse noise such as the one under practical due to the potential number of of conducting the monitoring program consideration here, it has been shutdowns that could be required, and required under the IHA for this activity. Comment 8: Lifeforce recommends determined through scientific is not necessary because of the low SPL of the acoustic source. that observers on the seismic team workshops that pinnipeds would need Comment 6: Tests during darkness should have experience and training in to be closer than 190 dB (RMS) before must not be permitted. Proper spotting marine wildlife. there is even the potential for injury. monitoring of marine wildlife at night is Response: In order to monitor Because an SPL of 190 dB would be impossible and may not meet MMPA shutdown areas and to make within about 5 m (16.4 ft) of the airgun, requirements. The use of night vision observations on marine mammal a requirement under the IHA of a 100– equipment only works if you know behavior, at least one observer on watch m (328-ft) shutdown is unnecessary for where to look and scanning the areas needs to be trained in making at-sea those seals and sea lions approaching would miss marine wildlife during their observations of marine mammals. For the airgun. dive periods. By the time they are this activity, the USGS has contracted Comment 4: Regarding monitoring the spotted, they could be within the safety with a private company to provide a impact on marine mammals by the zone. Operation should only be allowed minimum of three biological observers. activity, the MMC believes the program from sunrise to sunset. In addition, crewmembers will also (if funded) is adequate to verify that Response: During nighttime, observers assist in watching for marine mammals. animals are taken only as authorized. are required to monitor a minimum of Comment 9: The MMC recommends The MMC notes however, that, in 50–m (164–ft) radius around the source that NMFS advise the USGS that, if monitoring pinniped approaches to the whenever the airgun or small airgun there is any indication that other types active airgun array, transmissions be array is powered up, to protect marine of taking (e.g., mortalities) may be suspended if there is any indication that mammals. This distance is sufficient to occurring, survey activities be the animals are being adversely affected. ensure that marine mammals are suspended while NMFS considers Response: NMFS concurs and has detected prior to getting close enough to whether an authorization under section made that recommendation a part of the the airgun array to be injured. As 101(a)(5)(A) is needed. IHA. However, these seals and sea lions discussed in the proposed Response: Because the survey time is need to be actively approaching the authorization, suspension of night-time limited to 2 days in U.S. waters, vessel (itself moving forward at about 3– operations is impractical and costly to suspension of an IHA would likely 5 knots) from the side of the vessel or the USGS, and it may not result in result in termination of that portion of the stern, meaning that the animal is reduced impacts to marine mammals by the scientific research being conducted voluntarily approaching a noise source extending surveys either into a period of in U.S. waters. It is also unlikely that a that is increasing in strength as the greater marine mammal abundance or cause-and-effect relationship would be animal gets closer. Therefore, if a into a future year when funding and able to be determined within a pinniped approaches the USGS vessel, ship time become available, or both. reasonable length of time to affect the the IHA requires the USGS to monitor NMFS believes that because the vessel work schedule. Even though it is a the interaction to ensure the animal is underway, resulting in a de-facto standard requirement in all IHAs to does not show signs of distress. If the ramp-up for marine mammals at suspend activities if a taking occurred in pinniped(s) show obvious distress, the distances forward of the vessel, no a manner that was not authorized, USGS is to suspend airgun operations marine mammals will be injured by the mortality by this activity, caused either until the pinniped moves outside of the airgun or small airgun array. However, by a ship strike (because of the safety zone and to continue to conduct because a mitigation requirement of the relatively low speed) or by seismic noise
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(because of low SPL), is highly addressed the impacts on the human subject to harassment as a result of improbable. NMFS notes that the SPLs environment from issuance of an conducting seismic surveys. made by this activity are comparable to authorization and the alternatives to General information on the marine the vocalizations made by many species that action. NMFS’ analysis resulted in mammal species can be found in the of marine mammals. If marine mammals a Finding of No Significant Impact USGS application and the previously vocalize at high SPL levels, it is realistic (FONSI). As a result of that finding, in mentioned documents prepared under to believe that these species have also accordance with Council on NEPA. Information on marine mammal evolved mechanisms to protect Environmental Quality regulations (40 species in this area can also be found in themselves and conspecifics from high CFR 1501.3) and NOAA Administrative Caretta et al. (2002). In addition, a SPL vocalizations. Order 216–6 (i.e., NOAA’s guidelines general synopsis of marine mammal Comment 10: Lifeforce has studied implementing the National presence and abundance in the Straits of behavior and travel patterns of orcas Environmental Policy Act (NEPA)), an Georgia area has been provided by over a 9-year period. This allows it to Environmental Impact Statement was NMFS’ National Marine Mammal be able to locate and track orcas on a not prepared. This seismic survey will Laboratory for the determinations made daily basis and to predict estimated operate in approximately the same here. That paper and the NEPA times of their arrival in certain areas. geographic area as the 1998 survey, and documents are available upon request Communication between Lifeforce and affect the same species of marine (see ADDRESSES); Caretta et al. (2002) is the research team would reduce many mammals. However, the airgun sources available at the following URL: http:// conflicts resulting from the merging and used in this action are significantly less www.nmfs.noaa.gov/protlres/ crossing of routes taken by the research intense the 1998 array and only 2 readingrm/MMSARS/ team and the endangered orcas. percent of the size of the earlier acoustic FinalPacSar2001.pdf. Please refer to Response: To the extent possible, array. Accordingly, this proposed action these documents for information on NMFS recommends that the monitoring qualifies for a categorical exclusion marine mammal species. team for this activity coordinate with under NEPA. A change in the status of Lifeforce so that the acoustic harassment a marine mammal stock does not Potential Effects of Seismic Surveys on incidental to conducting a 2-day seismic necessarily require a new NEPA Marine Mammals program in U.S. waters is reduced to the analysis; a new NEPA review would be Discussion lowest level practicable. However, this required if either the impact of the Disturbance by seismic noise is the should not be interpreted to mean that action was different than assessed under the USGS can not conduct its activity the proposed action or alternatives in principal means of taking incidental to without the participation of Lifeforce. the EA, or if new knowledge became this activity. Vessel noise may provide Since the USGS will have an NMFS- available that called into question the a secondary source. Also, the physical approved observation team onboard the impact assessments made in the EA. presence of vessel(s) could also lead to vessel, additional monitoring tasks are Since neither situation is relevant here, some non-acoustic effects involving not needed, but would be useful. a new NEPA analysis is unnecessary. visual or other cues. Comment 11: Many of the species The effects of underwater noise on which could be affected by this research Description of Habitat and Marine marine mammals are highly variable, are transboundary species making their Mammals Affected by the Activity and can be categorized as follows (based homes in both the U.S. and Canadian A description of the affected habitat on Richardson et al., 1995): (1) The waters. Lifeforce urges NMFS to advise and its associated marine mammals can noise may be too weak to be heard at the both American and Canadian be found in the USGS application and location of the animal (i.e. lower than participants that they must follow all in several documents issued previously the prevailing ambient noise level, the requirements to protect marine wildlife for acoustic research in Washington hearing threshold of the animal at as stated in the MMPA and all State waters (NMFS, 1996, 1997). relevant frequencies, or both); (2) the noise may be audible but not strong requirements set forth in any permit. Marine Mammals Response: The MMPA is effective in enough to elicit any overt behavioral U.S. waters and, for U.S. citizens, on the The species of marine mammals that response; (3) the noise may elicit global commons; it is not effective are likely to be present in the region of behavioral reactions of variable within the waters of another nation. As the Straits of Georgia include the harbor conspicuousness and variable relevance a result, NMFS is recommending that porpoise (Phocoena phocoena), killer to the well being of the animal; these the USGS follow Canadian law while whale (Orcinus orca), Dall’s porpoise can range from subtle effects on operating within that nation’s waters. (Phocoenoides dalli), harbor seal (Phoca respiration or other behaviors To the extent possible, NMFS vitulina) California sea lion (Zalophus (detectable only by statistical analysis) recommends that the USGS follow the californianus), elephant seal (Mirounga to active avoidance reactions; (4) any mitigation requirements of the IHA angustirostris) (Calambokidis and Baird, noise that is strong enough to be heard while within these waters, unless 1995) and Steller sea lion (Eumetopias has the potential to reduce (mask) the required by Canada to comply with jubatus) (NMFS data). Additional ability of marine mammals to hear other methods for protecting marine species that are rare or only occasionally natural sounds at similar frequencies, mammals. seen in the area at the time of the survey including calls from conspecifics and/or Comment 12: Lifeforce recommends include: Pacific white-sided dolphin echolocation sounds, and that a new Environmental Impact Study (Lagenorhynchus obliquidens), minke environmental sounds such as storms should be considered because during whale (Balaenoptera acutorostrata) and surf noise; (5) upon repeated the past 6 years there has been a 20– humpback whale (Megaptera exposure, animals may exhibit percent decrease in the southern orca novaengliae) and gray whale diminishing responsiveness community. The last EIS was conducted (Eschrichtius robustus). However, (habituation), or disturbance effects may 5 years ago. because of the short duration of this persist (the latter is most likely with Response: In conjunction with a project in waters under the jurisdiction sounds that are highly variable in seismic survey project in Puget Sound of the United States, it is very unlikely characteristics, unpredictable in in 1998, NMFS completed an EA that that these latter species would be occurrence, and associated with
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situations that the animal perceives as a avoidance of the area. The reaction at several distances, as shown in Figure threat); and (6) very strong sounds have threshold and degree of response are 5 of the USGS application. The results the potential to cause either a temporary related to the activity of the animal at indicate that the noise from any specific or a permanent reduction in hearing the time of the disturbance. Whales frequency emitted from the airgun array sensitivity (i.e., temporary threshold engaged in active behaviors such as lies below the TTS of marine mammals shift (TTS) or permanent threshold shift feeding, socializing or mating are less at all distances (see Fig. 5 in the (PTS), respectively). In addition, intense likely than resting animals to show application). acoustic or explosive events may cause overt behavioral reactions, unless the The latter estimate of the strength of trauma to tissues associated with organs disturbance is directly threatening. the individual frequency components is vital for hearing, sound production, Neither hearing damage nor an underestimate, however, because it respiration and other functions. This nonauditory trauma are expected to assumes that all the frequencies are trauma may include minor to severe occur as a result of this project. While exactly in phase to produce the sound hemorrhage. TTS is a theoretical possibility for pulse. In reality, the system is not Few data on the effects of non- marine mammals close to an acoustic perfectly efficient as implied in this explosive sounds on hearing thresholds source, if the SPL of the source is of calculation, and the individual of marine mammals have been obtained. sufficient intensity, planned monitoring frequency components are somewhat However, in terrestrial mammals (and and mitigation measures (described later larger than shown in Figure 4 in the presumably in marine mammals), in this document) are designed to detect USGS application. If it is assumed that received sound levels must far exceed marine mammals occurring near the the USGS source is about 70 percent the animal’s hearing threshold for there airgun array and to avoid, to the greatest efficient, the individual frequency to be any TTS and must be even higher extent practicable, exposing them to components would be about 1.43 times for there to be risk of PTS (Richardson sound pulses that have any possibility what the USGS estimates assuming et al., 1995). of causing TTS. perfect efficiency. By this calculation, Depending upon ambient conditions Two factors determine the effect of the sound levels from the airgun lie and the sensitivity of the receptor, the airgun array on marine mammals: below the temporary hearing shift of underwater sounds produced by large- (1) The intensity of the sound most marine mammals at any distance scale open-water seismic operations (mentioned previously in this greater than 50 m (164 ft)(USGS, 2001). may be detectable some substantial document), and (2) the frequency range NMFS concurs with the USGS that distance away from the activity. Any of the sound. The airgun sound spreads the best estimate of the strength of the sound that is detectable is (at least in laterally in the water as the radius of the airgun source is the 209 dB(RMS) theory) capable of eliciting a sound wave increases, resulting in a measure of sound pressure. Using this disturbance reaction by a marine decrease in amplitude with distance of RMS measure, the ‘‘annoyance’’ or mammal or masking a signal of 20Log(R) or greater (R= distance in behavioral-response threshold is comparable frequency. Incidental meters). Given this estimate of decay, a reached at a distance of 300 m (984.3 ft) harassment is presumed to occur when 230 dB(P-P) sound pressure decays to from the airguns based on a P-P marine mammals in the vicinity of the 180 dB(P-P) at a distance of about 300 measurement (Table 4 in the USGS seismic source (or vessel) show a m (984.3 ft)(see Figure 4 in the USGS application) and less than 50 m (164 ft) significant behavioral response to the application) from the source. on an RMS measurement (subtracting 16 generated sounds or visual cues. The 300–m (984.3–ft) distance, dB from each of the Y-axis SPL High-intensity LF seismic pulses are however, is clearly an overestimate for designations). This implies that animals known to cause some species of whales, an estimation for a zone of potential 50 m (164 ft) from the USGS airguns including gray and bowhead whales, to injury (i.e., 180 db) because (1) it is may become annoyed (harassed), but behaviorally respond within a distance based on a P-P measurement and not the TTS would potentially not occur unless of several kilometers of the source accepted RMS measurement and (2) the the USGS airguns were within about 5– (Richardson et al., 1995). Although frequency range of the airgun lies 10 m (16.4–32.8 ft) of a mammal. some limited masking of low-frequency primarily outside the hearing range of In light of the above information and sounds is a possibility for those species most marine mammals. Data on hearing recent scientific information that of whales using low frequencies for thresholds for odontocetes and indicates that nonauditory injury is communication, the intermittent nature pinnipeds show that the most sensitive unlikely at SPL levels below 190 dB of seismic source pulses limit the extent hearing is in the 1,000– to 100,000–Hz (Crum and Mayo, 1996); and frequencies of masking. Bowhead whales, for frequency range (see Figure 5 in the below 300 Hz (Ketten, 2001), example, are known to continue calling USGS application; Richardson et al., nonauditory injury is also unlikely for in the presence of seismic survey 1995; Kastack and Schusterman, 1995). marine mammals exposed to this sounds, and their calls can be heard The USGS airgun source rapidly acoustic source. between seismic pulses (Richardson et decreases in strength above 200 Hz, al., 1986). resulting in the source strength above Mitigation When the received levels of noise 400 Hz being less than 10 percent of the Several mitigation measures to reduce exceed some behavioral reaction amplitude at lower frequencies. the potential for marine mammal threshold, cetaceans will show The USGS has estimated the SPL of harassment will be implemented by disturbance reactions. The levels, its airgun source as a function of USGS as part of their proposed activity. frequencies, and types of noise that will frequency. The P-P sound pressure is These include: elicit a response vary between and created by the sum of waves of all the (1) Scheduling the survey during May, within species, individuals, locations frequencies emitted by the airguns, with when marine mammal abundance in the and season. Behavioral changes may be each frequency contributing only a Straits of Georgia is low; subtle alterations in surface-dive- portion of the total sound. If the (2) Keeping the vessel’s speed respiration cycles. More conspicuous maximum P-P SPL is divided by the between 6 and 8 knots to permit marine responses include changes in activity or frequency spectrum of the airgun array, mammals that hear the ship and airgun aerial displays, movement away from the amplitude of the individual noise to be able to move out of the area the sound source, or complete frequency components can be estimated of the ship’s track if they find the
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approaching vessel and accompanying operations have ceased temporarily, the of seismic operations, details of marine noise annoying; airguns will be turned on sequentially mammal sightings, and estimates of the (3) Establishing a safety zone of 100 (if an array is used), so that peak power amount and nature of all takes by m (328 ft) around the seismic airguns; is achieved gradually to give marine harassment. A final technical report will the USGS will shut down the airgun mammals a chance to move away from be provided by USGS within 1 year of operation if any marine mammal enters the source. completion of the project. The final the safety zone. The 100–m (328–ft) (6) Upon notification by a local technical report will contain a distance is double the 50–m (164–ft) stranding network that a marine description of the methods, results, and estimate of the distance for harassment. mammal has been found dead within interpretation of all monitoring tasks. This safety zone radius compares with the waters of the Straits of Georgia or a 100–m (328–ft) safety radius for nearby U.S. waters when the array is NEPA marine mammals that was used operating within that body of water, In conjunction with a seismic survey successfully in the 1998 Puget Sound NMFS will investigate the stranding to project in Puget Sound in 1998, NMFS seismic experiment using much larger determine whether a reasonable chance completed an EA that addressed the airguns (Fisher, 1997; Calambokidis and exists that the USGS seismic survey impacts on the human environment Osmek, 1998; Bain, 1998). Given that project caused the animal’s death. If from issuance of an authorization and the current USGS airgun source is only NMFS determines, based upon a the alternatives to that action. NMFS’ 2 percent of the size of the 1998 source necropsy of the animal(s), that the death analysis resulted in a FONSI. This as measured in chamber volume (120 was likely due to the seismic source, the proposed seismic survey will operate in inch3 versus 6730 inch3), NMFS concurs survey must cease U.S. operations until the same geographic area as the 1998 with the USGS that a 100–m (328–ft) procedures are altered to eliminate the survey and as the seismic airgun sources safety radius is overly conservative to potential for future deaths. used in this proposed action are ensure that no marine mammals would significantly less intense. Accordingly, Monitoring be injured and that the potential even this proposed action qualifies for a for marine mammal harassment is To monitor the 100–m (328–ft) safety categorical exclusion under NEPA. unlikely. zone when in U.S. waters, the USGS Therefore, a new EA will not be (4) For all seals and sea lions, if the will have two trained observers, one on prepared. A copy of the 1997 EA is seismic vessel approaches a pinniped, a each side of the ship, specifically available upon request (see ADDRESSES). safety radius of 100 m (328 ft) will be watching for marine mammals at all Consultation maintained from the animal(s). times that the airguns are operating. However, if a pinniped (except Steller Members of the crew, specifically the Under section 7 of the ESA, NMFS sea lions) approaches the towed airgun ship’s pilot, will also be instructed to has completed consultation on the array during airgun transmissions, the immediately notify the observers if any issuance of this IHA. NMFS has USGS will not be required to shutdown marine mammals are sighted. However, concluded that this action is unlikely to the airguns, unless the animal(s) shows in order for 24–hour operations to be adversely affect listed marine mammals signs of distress. Therefore, if a undertaken, a sufficient number of because those species of whales that are pinniped (except Steller sea lions) biological observers must be available so listed under the ESA are not expected approaches the USGS vessel, the IHA that no single observer is on active to be present in the inshore waters of requires the USGS to monitor the watch for more than 3 consecutive the Straits of Georgia at the time of the interaction to ensure the animal does hours. year that the activity will take place. not show signs of distress. If the Observations will begin at least 15 Steller sea lions, which are more pinniped(s) show obvious distress, the minutes before airguns are turned on. common in British Columbia than the USGS is to suspend airgun operations The observers will be equipped with Straits of Georgia, are unlikely to be until the pinniped moves outside of the binoculars during the day and night- affected by low frequency seismic safety zone and to continue to conduct vision equipment during the night, both sources unless fairly close to the source. observations on effects on all pinnipeds of which are believed adequate to However, the acoustic source that will after the airgun is again powered up. monitor the 100–m (328–ft) safety zone be used during this project is of low Experience indicates that pinnipeds will while standing on the ship. The intensity and will not have a large zone come from great distances to scrutinize observers will order the airgun of influence. Therefore, even though seismic operations. Seals have been operations to cease if the vessel Steller sea lions may be fairly abundant observed swimming within airgun approaches within 100 m (328 ft) of a in these waters in late spring, because bubbles, 10 m (33 ft) away from active marine mammal during daylight hours of the small zone of influence for this arrays and, more recently, Canadian and 50 m (164 ft) during nighttime source (less than 50 m (164 ft)), no scientists, who were using a high- operations. Steller sea lions are expected to be taken frequency seismic system that produced The objectives of the proposed during this short acoustic survey. sound closer to pinniped hearing than monitoring program will be: to mitigate Conclusions will the USGS airgun array, describe potential harassment of marine how seals frequently approached close mammals, to document the number of NMFS has determined that the short- to the seismic source, presumably out of animals of each species present in the term impact of conducting a marine curiosity. Therefore, the above- vicinity of the sound transmissions, and seismic survey in the Straits of Georgia mentioned mitigation plan has been to evaluate the reactions of marine will result, at worst, in a temporary proposed. In addition, the USGS will mammals to these transmissions. modification in behavior by certain gather information on how often species of pinnipeds, and possibly some pinnipeds approach the airgun array on Reporting individual cetaceans. While behavioral their own volition, and what effect the The USGS will provide an initial modifications may be occur in certain airguns appear to have on them. report to NMFS within 120 days of the species of marine mammals to avoid the (5) To ensure no marine mammals are completion of the Straits of Georgia resultant noise from airgun arrays, this inadvertently harmed when data marine seismic survey project. This behavioral change is expected to result collection first begins or resumes after report will provide dates and locations in the harassment of only small
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numbers of each of several species of and Apparel website at http:// COMMODITY FUTURES TRADING marine mammals and would have no otexa.ita.doc.gov. COMMISSION more than a negligible impact on the affected species or stocks of marine SUPPLEMENTARY INFORMATION: Sunshine Act Meeting mammals. Authority: Section 204 of the Agricultural In addition, no take by injury and/or Act of 1956, as amended (7 U.S.C. 1854); TIME AND DATE: 11 a.m., Friday, June 7, death is anticipated and takes by Executive Order 11651 of March 3, 1972, as 2002. harassment will be at the lowest level amended. practicable due to incorporation of the PLACE: 1155 21st St., NW., Washington, The current limits for certain DC, 9th Floor Conference Room. mitigation measures mentioned categories are being reduced for previously. No known rookeries, mating carryforward used. STATUS: Closed. grounds, areas of concentrated feeding, or other areas of special significance for A description of the textile and MATTERS TO BE CONSIDERED: Surveillance marine mammals occur within or near apparel categories in terms of HTS Matters. numbers is available in the the planned area of operations during CONTACT PERSON FOR MORE INFORMATION: the season of operations. CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Jean A. Webb, 202–418–5100. Authorization Schedule of the United States (see Jean A. Webb, As a result of these determinations, Federal Register notice 66 FR 65178, Secretary of the Commission. NMFS has issued an IHA to the USGS published on December 18, 2000). Also [FR Doc. 02–12814 Filed 5–17–02; 2:40 pm] for the possible harassment of small see 66 FR 63033, published on BILLING CODE 6351–01–M numbers of several species of marine December 4, 2001. mammals incidental to collecting James C. Leonard III, marine seismic data in Straits of Georgia COMMODITY FUTURES TRADING Chairman, Committee for the Implementation COMMISSION region of Washington State, provided of Textile Agreements. the above-mentioned mitigation, monitoring, and reporting requirements Committee for the Implementation of Textile Sunshine Act Meeting are incorporated. Agreements Dated: May 15, 2002. May 15, 2002. TIME AND DATE: 11:00 a.m., Friday, June 14, 2002. David Cottingham, Commissioner of Customs, Deputy Director, Office of Protected Department of the Treasury, Washington, DC PLACE: 1155 21st St., N.W., Washington, Resources, National Marine Fisheries Service. 20229. D.C., 9th Floor Conference Room. Dear Commissioner: This directive [FR Doc. 02–12718 Filed 5–20–02; 8:45 am] amends, but does not cancel, the directive STATUS: Closed. BILLING CODE 3510–22–S issued to you on November 27, 2001, by the Chairman, Committee for the Implementation MATTERS TO BE CONSIDERED: Surveillance of Textile Agreements. That directive Matters. COMMITTEE FOR THE concerns imports of certain cotton, wool and CONTACT PERSONS FOR MORE man-made fiber textiles and textile products IMPLEMENTATION OF TEXTILE INFORMATION: Jean A. Webb, 202–418– in the following categories, produced or AGREEMENTS 5100. manufactured in Romania and exported Adjustment of Import Limits for Certain during the twelve-month period which began Jean A. Webb, Wool and Man-Made Fiber Textiles and on January 1, 2002 and extends through Secretary of the Commission. December 31, 2002. Textile Products Produced or [FR Doc. 02–12815 Filed 5–17–02; 2:40 pm] Manufactured in Romania Effective on May 21, 2002, you are directed to reduce the limits for the following BILLING CODE 6351–01–M May 15, 2002. categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing: AGENCY: Committee for the COMMODITY FUTURES TRADING Implementation of Textile Agreements COMMISSION (CITA). Category Adjusted twelve-month limit 1 ACTION: Issuing a directive to the Sunshine Act Meeting Commissioner of Customs adjusting 435 ...... 10,529 dozen. limits. 444 ...... 44,829 numbers. DATES: Time and Date: 11:00 a.m., 604 ...... 1,652,800 kilograms. Friday, June 21, 2002 EFFECTIVE DATE: May 21, 2002. 1 The limits have not been adjusted to ac- PLACE: 1155 21st St., NW., Washington, FOR FURTHER INFORMATION CONTACT: count for any imports exported after December Naomi Freeman, International Trade 31, 2001. DC., 9th Floor Conference Room. Specialist, Office of Textiles and The Committee for the Implementation of STATUS: Closed. Apparel, U.S. Department of Commerce, Textile Agreements has determined that MATTERS TO BE CONSIDERED: Surveillance (202) 482–4212. For information on the these actions fall within the foreign affairs Matters. quota status of these limits, refer to the exception to the rulemaking provisions of 5 Quota Status Reports posted on the U.S.C. 553(a)(1). FOR FURTHER INFORMATION CONTACT: Jean bulletin boards of each Customs port, Sincerely, A. Webb, 202–418–5100. call (202) 927–5850, or refer to the U.S. James C. Leonard III, Customs website at http:// Chairman, Committee for the Jean A. Webb, www.customs.ustreas.gov. For Implementation of Textile Agreements. Secretary of the Commission. information on embargoes and quota re- [FR Doc.02–12632 Filed 5–20–02; 8:45 am] [FR Doc. 02–12816 Filed 5–17–02; 2:40 pm] openings, refer to the Office of Textiles BILLING CODE 3510–DR–S BILLING CODE 6351–01–M
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COMMODITY FUTURES TRADING Title, Associated Form, and OMB is required under the Federal Advisory COMMISSION Number: Custodianship Certification to Committee Act. (Pub. L. 92–463). Support Claim on Behalf of Minor DATES: June 17 and 18, 2002. Sunshine Act Meeting Children of Decreased Members of the ADDRESSES: Conference Center, Room C, Armed Forces, DD Form 2790, OMB Government Center South, 302 W. TIME AND DATE: 11 a.m., Friday, June 28, License Number 0730–0010. 2002. Washington Street, Indianapolis, IN Needs and Uses: Per DoD Financial 46204. PLACE: 1155 21st St., NW., Washington, Management Regulation 7000.14–R, DC, 9th Floor Conference Room. Volume 7B, Chapter 46, paragraph FOR FURTHER INFORMATION CONTACT: STATUS: Closed. 460103A(1), an annuity for a minor RAND provides information about this Panel on its Web site at http:// MATTERS TO BE CONSIDERED: Surveillance child is paid to the legal guardian, or, Matters. if there is no legal guardian, to the www.rand.org/organization/nsrd/ terrpanel; it can also be reached at (703) CONTACT PERSON FOR MORE INFORMATION: natural parent who has care, custody, 413–1100 extension 5321. Jean A. Webb, 202–418–5100. and control of the child as the custodian, or to a representative payee SUPPLEMENTARY INFORMATION: Jean A. Webb, of the child. An annuity may be paid Proposed Schedule and Agenda Secretary of the Commission. directly to the child when the child is Panel to Assess the Capabilities for [FR Doc. 02–12817 Filed 5–17–02; 2:40 am] considered to be of majority age under Domestic Response to Terrorist Attacks BILLING CODE 6351–01–M the law in the state of residence. The Involving Weapons of Mass Destruction child then is considered an adult for will meet from 12:00 p.m. until 5:30 annuity purposes and a custodian or p.m. on June 17, 2002 and from 8:30 am. DEPARTMENT OF DEFENSE legal fiduciary is not required. Affected Public: Individuals. until 3:00 p.m. on June 18, 2002. Time Office of the Secretary Annual Burden Hours: 120 hours. will be allocated for public comments Number of Respondents: 300. by individuals or organizations at the Proposed collection; comment request Responses per Respondent: 1. end of the meeting on June 18. Average Burden per Response: 24 Public comment presentations will be AGENCY: Defense Finance and limited to two minutes each and must Accounting Service, DoD. minutes. Frequency: 1. be provided in writing prior to the ACTION: Notice. meeting. Mail written presentations and SUPPLEMENTARY INFORMATION: requests to register to attend the open SUMMARY: In compliance with section Summary of Informaiton Collection 3507(a)(2)(B) of the Paperwork public session to: Nancy Rizor, RAND, Reduction act of 1995, the Defense The form is used by the Directorate of 1200 South Hayes Street, Arlington, VA Finance and Accounting Service Annuity Pay, Defense Finance and 22202–5050. Public seating for this announces the proposed public Accounting Service Denver, (DFAS–DE), meeting is limited, and is available on information collection and seeks public in order to pay the annuity to the correct a first-come, first-served basis. comment on the provisions thereof. person on behalf of a child under the Dated: May 14, 2002. Comments are invited on: (1) Whether age of majority. If the form with the Patricia L. Toppings, the proposed collection of information completed certification is not received, Alternate OSD Federal Register Liaison is necessary for the proper performance the annuity payments are suspended. Officer, Department of Defense. of the functions of the agency, including Since the funds for annuity are paid by [FR Doc. 02–12671 Filed 5–20–02; 8:45 am] whether the information shall have members there are no consequences to BILLING CODE 5001–08–M practical utility; (b) the accuracy of the the Federal Government. agency’s estimate of the burden of the Dated: May 15, 2002. DEPARTMENT OF DEFENSE proposed information collection; (c) Patricia L. Toppings, ways to enhance the quality, utility and Alternate OSD Federal Register, Liaison Department of the Army clarity of the information to be Officer, Department of Defense. collected; and (d) ways to minimize the [FR Doc. 02–12670 Filed 5–20–02; 8:45 am] Army Science Board; Notice of Open burden of the information collection on BILLING CODE 5001–08–M Meeting respondents, including through the use of automated collection techniques or In accordance with section 10(a)(2) of the other forms of information technology. DEPARTMENT OF DEFENSE Federal Advisory Committee Act (Pub. L. 92– DATES: Consideration will be given to all 463), announcement is made of the following comments received by July 22, 2002. Office of the Secretary Committee Meeting: ADDRESSES: Written comments and Name of Committee: Army Science Board recommendations on the proposed Meeting of the Advisory Panel To (ASB). information collection should be sent to Assess the Capabilities for Domestic Date(s) of Meeting: May 20–22, 2002. Response to Terrorist Attacks Time(s) of Meeting: 0800–1700—May 20, the Defense Finance and Accounting 2002, 0800–1700—May 21, 2002, 0800– Service—Denver, (PDSA) ATTN: Ms. Involving Weapons of Mass Destruction 1700—May 22, 2002. Sue Debevec, 6760 East Irvington Place, Place: Institute for Defense Analysis. Denver, CO 80279–8000. 1. AGENDA: The Integration and Analysis ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: To Panel of the Army Science Board FY02 request more information on this SUMMARY: This notice sets forth the Summer Study on ‘‘Ensuring the Financial proposed information collection or to schedule and summary agenda for the Viability of the Objective Force’’ is holding a meeting on 20–22 May. The meeting will obtain a copy of the proposal and next meeting of the Panel to Assess the be held at IDA—4850 Mark Center Drive. The associated collection instruments, Capabilities for Domestic Response to meeting will begin at 0800 hours on the 20th please write to the above address, or call Terrorist Attacks Involving Weapons of and will end at approximately 1700 hours on Ms. Sue Debevec, 303–676–3126. Mass Destruction. Notice of this meeting the 22nd. For further information, please
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contact LTC Mark Malcolm—703–604–7047 reconnaissance study evaluated a The ICT is composed of representatives or e-mail: Malcolm, Mark A LTC DUSA(OR). deepening and widening plan to from 4 Federal agencies, 7 regulatory Wayne Joyner, establish a Federal Interest in the agencies from the States of Texas and Program Support Specialist, Army Science project. The study concluded that there Louisiana, the local sponsor, and the Board. was a Federal Interest in continuing U.S. Army Corps of Engineers. [FR Doc. 02–12700 Filed 5–20–02; 8:45 am] studies in 1998. The feasibility study 5. DEIS Preparation. It is estimated began in March 2000 and will determine BILLING CODE 3710–08–M that the DEIS will be available to the the most cost-effective alternative for public for review and comment in improving the channel while protecting January 2004. DEPARTMENT OF DEFENSE the Nation’s environment. (2) a. Alternatives. The construction Carolyn E. Murphy, Department of the Army; Corps of alternatives that will be evaluated in the Chief, Environmental Section. Engineers feasibility phase are: (1) Deepening the [FR Doc. 02–12647 Filed 5–20–02; 8:45 am] channel to 45 ft from offshore to the BILLING CODE 3710–52–P Intent To Prepare a Draft Beaumont turning basin; (2) deepening Environmental Impact Statement for the channel to 48 ft from offshore to the Improvements to the Sabine-Neches Beaumont turning basin ; (3) deepening Ship Channel Near Beaumont and Port the channel to 50 ft from offshore to the DEPARTMENT OF ENERGY Arthur, Texas as Published in a Beaumont turning basin ; (4) various Resolution of the Senate Committee on combinations of selective widening and Federal Energy Regulatory Environment and Public Works, dated turning basins; 5) various combinations Commission June 5, 1997, 105th Congress, 2nd of selective widening and turning basins Session with each one of the above depths. [Docket No. ER02–517–002, et al.] b. No Action. A ‘‘No Action’’ AGENCY: Department of the Army, U.S. alternative will be evaluated and UtiliGroup, Inc., et al.; Electric Rate Army Corps of Engineers, DoD. presented for comparison purposes in and Corporate Regulation Filings ACTION: Notice of intent. evaluating the various construction alternatives. May 14, 2002. SUMMARY: The proposed action to be (3) Scoping. The scoping process will addressed in the Draft Environmental The following filings have been made involve Federal, State and local with the Commission. The filings are Impact Statement (DEIS) is to evaluate agencies, and other interested persons several widening and deepening listed in ascending order within each and organizations. Scoping meetings are docket classification. alternatives to improve a deep-draft scheduled for May 28 and 29, 2002 in navigation channel that connects harbor Lake Charles, Louisiana, and Beaumont, 1. UtiliGroup, Inc. facilities in the Beaumont and Port Texas. The time and place of these [Docket No. ER02–517–002] Arthur area with the Gulf of Mexico. meetings will be announced in local Take notice that on May 3, 2002, The study will focus on circulation and newspapers and mailings. Issues to be UtiliGroup, Inc. (UtiliGroup) tendered salinity changes associated with an discussed at these meetings include, but for filing with the Federal Energy improved channel and develop dredged are not limited to, changes in salinity Regulatory Commission (Commission) material disposal options that will and circulation, changes in fresh and additional information to its original include an evaluation of beneficial uses saltwater marshes, water and sediment of dredged material. The project is being quality, erosion along the channel, Petition for Acceptance of Initial Rate maintained at its authorized depth of 40 threatened and endangered species Schedule, Waivers and Blanket feet and includes about 56 nautical impacts, opportunities for ecosystem Authority filed December 10, 2001 and miles of deep-draft channel. The restoration, and the beneficial use of Amendment filed February 4, 2002. Beaumont/Port Arthur area is located dredged material. Any person or Comment Date: May 24, 2002. about 90 miles northeast of Houston, organization wishing to provide 2. San Diego Gas & Electric Company Texas. The local sponsor for the project information on issues or concerns is the Jefferson County Waterway and should contact the Corps of Engineers at [Docket No. ER02–613–001] Navigation District. the above address. Take notice that on April 30, 2002, FOR FURTHER INFORMATION CONTACT: 4. Coordination. Further coordination San Diego Gas and Electric Company Questions about the proposed action with environmental agencies will be (SDG&E) tendered for filing with the and DEIS can be answered by: Ms. conducted under the National Federal Energy Regulatory Commission Lizette Richardson, (409) 766–3123, Environmental Policy Act, the Fish and (Commission) revised tariff sheets in Project Manager, Project Management Wildlife Coordination Act, the Docket No. ER02–613–000, dated Branch, or Ms. Janelle Stokes, (409) Endangered Species Act, the Clean December 24, 2001, reflecting its 766–3039, Environmental Lead, Water Act, the Clean Air Act, the proposed recovery of revenue Environmental Section, Planning National Historic Preservation Act, the requirements. Since making its filing, Branch, Planning Environmental and Magnuson-Stevens Fishery SDG&E determined that the revenue Regulatory Division, P.O. Box 1229, Conservation and Management Act requirement submitted did not include Galveston, Texas 77553–1229. (Essential Fish Habitat), and the Coastal recovery of franchise fees paid to the SUPPLEMENTARY INFORMATION: Zone Management Act under the Texas cities and counties in its service (1) Background. The study began in Coastal Management Program and the territory. 1997 when Congress directed the Louisiana Coastal Resources Program. Secretary of the Army to study the An Interagency Coordination Team SDG&E is requesting the Commission feasibility of modifying the channels (ICT) has been formed to provide to approve the revised revenue serving the Ports of Beaumont, Port guidance and counsel on matters requirements and rates effective July 1, Arthur, and Orange, Texas in the relating to the evaluation of 2002 through December 31, 2002. interests of commercial navigation. A environmental impacts of this project. Comment Date: May 24, 2002.
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3. Oncor Electric Delivery Company Application for Market-Based Rate (PWCC), pursuant to which ED3 will [Docket No. ER02–1029–001] Authority filed February 26, 2002, with provide transmission services to PWCC the Commission seeking acceptance of pursuant to Section 211 of the Federal Take notice that on May 9, 2002, Garnet’s FERC Rate Schedule No. 1 and Power Act, in accordance with the Oncor Electric Delivery Company the granting of certain blanket Commission’s Proposed Order Directing (Oncor) tendered for filing with the approvals, including the authority to Transmission Services and Ordering Federal Energy Regulatory Commission sell energy and capacity at market-based Further Proceedings in Pinnacle West (Commission), its Sixth Revised Tariff rates and the waiver of certain Capital Corp., 98 FERC ¶ 61,039 (2002). for Transmission Service To, From and Commission regulations. The filing was ED3 requests an effective date of Over Certain HVDC Interconnections to submitted in compliance with the letter October 9, 2001 for the TSA. PWCC modify the tariff to change the name of order issued April 22, 2002. concurs in ED3’s filing. TXU Electric Company to Oncor Electric Comment Date: June 13, 2002. Delivery Company and otherwise Comment Date: May 30, 2002. conform the tariff to the requirements of 7. Tampa Electric Company Standard Paragraph Order No. 614 in compliance with the Docket No. ER02–1177–001] E. Any person desiring to intervene or Commission’s April 15, 2002 order in to protest this filing should file with the Take notice that on May 8, 2002, Docket No. ER02–1029–000 regarding Federal Energy Regulatory Commission, Tampa Electric Company (TEC) Oncor’s Notice of Succession. 888 First Street, NE., Washington, DC tendered for filing an amendment to an Oncor states that this filing has been 20426, in accordance with Rules 211 executed Interconnection and Operating served upon each customer taking and 214 of the Commission’s Rules of Agreement between TEC and service under the tariff and the Public Practice and Procedure (18 CFR 385.211 Auburndale Peaker Energy Center, Utility Commission of Texas. and 385.214). Protests will be L.L.C. in accordance with the April 8, Comment Date: May 30, 2002 considered by the Commission in 2002 letter order issued by the Director determining the appropriate action to be 4. Oncor Electric Delivery Company of the Division of Tariffs and Rates— taken, but will not serve to make East. [Docket No. ER02–1029–002] protestants parties to the proceeding. Take notice that on May 9, 2002, Comment Date: May 29, 2002. Any person wishing to become a party Oncor Electric Delivery Company 8. Midwest Independent must file a motion to intervene. All such (Oncor) tendered for filing with the Transmission System Operator, Inc. motions or protests should be filed on Federal Energy Regulatory Commission Docket No. ER02–1422–002] or before the comment date, and, to the (Commission), its Second Revised Tariff Take notice that on May 7, 2002, the extent applicable, must be served on the for Transmission Service for Tex-La Midwest Independent Transmission applicant and on any other person Electric Cooperative of Texas, Inc. to System Operator, Inc. (the Midwest ISO) designated on the official service list. modify the tariff to change the name of tendered for filing the average loss This filing is available for review at the TXU Electric Company to Oncor Electric factor for the Joint Open Access Commission or may be viewed on the Delivery Company and otherwise Transmission Tariff for the Midwest Commission’s web site at http:// conform the tariff to the requirements of Independent Transmission System www.ferc.gov using the ‘‘RIMS’’ link, Order No. 614 in compliance with the Operator, Inc. for the Transmission select ‘‘Docket #’’ and follow the Commission’s April 15, 2002 order in System (Michigan), FERC Electric Tariff, instructions (call 202–208–2222 for Docket No. ER02–1029–000 regarding Original Volume No. 2 (JOATT). assistance). Protests and interventions Oncor’s Notice of Succession. The Midwest ISO has electronically may be filed electronically via the Oncor states that this filing has been served copies of its filing, with Internet in lieu of paper; see 18 CFR served upon each customer taking attachments, upon all Midwest ISO 385.2001(a)(1)(iii) and the instructions service under the tariff and the Public Members, Member representatives of on the Commission’s web site under the Utility Commission of Texas. Transmission Owners and Non- ‘‘e-Filing’’ link. Comment Date: May 30, 2002. Transmission Owners, the Midwest ISO Magalie R. Salas, Advisory Committee participants, 5. Continental Electric Cooperative Secretary. Policy Subcommittee participants, as Services, Inc. well as all state commissions within the [FR Doc. 02–12660 Filed 5–20–02; 8:45 am] [Docket No. ER02–1118–001] region. In addition, the filing has been BILLING CODE 6717–01–P Take notice that on May 9, 2002, electronically posted on the Midwest Continental Electric Cooperative ISO’s website at www.midwestiso.org DEPARTMENT OF ENERGY Services, Inc. (CCS) tendered for filing under the heading ‘‘Filings to FERC’’ for with the Federal Energy Regulatory other interested parties in this matter. Southwestern Power Administration Commission (Commission), modified Customers served under the existing FERC Electric Rate Schedule No. 1 in JOATT will be served with paper copies Integrated System Power Rates compliance with the Commission’s of this filing by U.S. mail. AGENCY: Southwestern Power Letter Order issued April 24, 2002. Comment Date: May 28, 2002. Administration, DOE. Comment Date: May 30, 2002. 9. Pinnacle West Capital Corporation ACTION: Notice of public review and comment. 6. Garnet Energy LLC Docket No. TX02–1–001] Docket No. ER02–1119–001] Take notice that on May 7, 2002, SUMMARY: The Administrator, Take notice that on May 9, 2002, Electrical District No. 3 of Pinal County, Southwestern Power Administration Garnet Energy LLC (Garnet) filed with State of Arizona, (ED3) filed with the (Southwestern), has prepared Current the Federal Energy Regulatory Federal Energy Regulatory Commission and Revised FY 2002 Power Repayment Commission (Commission), a (Commission), a transmission service Studies which show the need for an Clarification and Compliance Filing of agreement (TSA) between ED3 and increase in annual revenues to meet cost Supplemental Information regarding the Pinnacle West Capital Corporation recovery criteria. Such increased
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revenues are needed primarily to cover 1, 1977. Guidelines for preparation of annual revenues of $5,542,676, (a 5.1 increased investments and replacements power repayment studies are included percent increase), beginning October 1, in hydroelectric generating and high- in DOE Order No. RA 6120.2, Power 2002, are needed to satisfy repayment voltage transmission facilities, increased Marketing Administration Financial criteria. operation and maintenance expenses Reporting. Procedures for Public A Rate Design Study has also been and increased transmission service Participation in Power and completed which allocates the revenue expenses. The Administrator has Transmission Rate Adjustments of the requirement to the various system rate developed proposed Integrated System Power Marketing Administrations are schedules for recovery, and provides for rates, which are supported by a rate found at title 10, part 903, subpart A of transmission service rates in design study, to recover the required the Code of Federal Regulations (10 CFR conformance with FERC Order No. 888 revenues. Beginning October 1, 2002, 903). (Promoting Wholesale Competition and thereafter, the proposed rates would Southwestern markets power from 24 Through Open Access Non- increase annual system revenues multi-purpose reservoir projects with approximately 5.6 percent from hydroelectric power facilities Discriminatory Transmission Services $109,463,500 to $115,602,003, which constructed and operated by the U.S. by Public Utilities). The proposed new includes an increase in the purchased Army Corps of Engineers. These projects rates would increase estimated annual power adder. are located in the states of Arkansas, revenues from $109,463,500 to $115,602,003 and would satisfy the DATES: The consultation and comment Missouri, Oklahoma, and Texas. present financial criteria for repayment period will begin on the date of Southwestern’s marketing area includes of the project and transmission system publication of this Federal Register these States plus Kansas and Louisiana. notice and will end August 19, 2002. The costs associated with the investments within the required number 1. Public Information Forum—June 6, hydropower facilities of 22 of the 24 of years. As indicated in the Integrated 2002, 1 p.m.,Tulsa, OK. projects are repaid via revenues System Rate Design Study, this revenue 2. Public Comment Forum—July 10, received under the Integrated System would be developed primarily through 2002, 1 p.m.,Tulsa, OK. rates, as are Southwestern’s increases in the charges for generation ADDRESSES: The forums will be held in transmission facilities which consist of and transmission services, to include Southwestern’s offices, Room 1402, 1,380 miles of high-voltage transmission some of the ancillary services for Williams Center Tower I, One West lines, 24 substations, and 46 microwave deliveries of both Federal and non- Third Street, Tulsa, Oklahoma 74103. and VHF radio sites. Costs associated Federal power and associated energy Ten copies of the written comments with the Sam Rayburn and Robert D. from the transmission system of together with a diskette in MS Word or Willis Dams, two Corps of Engineers Southwestern. There are also increased Corel Word Perfect, regarding the projects that are isolated hydraulically, charges for transformation services for proposed rate change should be electrically, and financially from the deliveries at voltages of 69 kV (kilovolt) submitted to the Administrator, Integrated System are repaid under or less. Southwestern Power Administration, separate rate schedules and are not A second component of the Integrated U.S. Department of Energy, One West addressed in this notice. System rates for power and energy, the Following Department of Energy Third Street, Tulsa, Oklahoma, 74103. purchased power adder, produces guidelines, the Administrator, FOR FURTHER INFORMATION CONTACT: Mr. revenues which are segregated to cover Southwestern, prepared a Current Forrest E. Reeves, Assistant the cost of power purchased to meet Power Repayment study using existing contractual obligations. The purchased Administrator, Office of Corporate system rates. The Study indicates that Operations, Southwestern Power Southwestern’s legal requirement to power adder is established to reflect Administration, U.S. Department of repay the investment in power what is expected to be needed by Energy, One West Third Street, Tulsa, generating and transmission facilities Southwestern to meet purchased power Oklahoma 74103, (918) 595–6696, for power and energy marketed by needs on an average annual basis. It has [email protected]. Southwestern will not be met without been increased from the existing rate to SUPPLEMENTARY INFORMATION: The U.S. an increase in revenues. The need for reflect the projected power costs based Department of Energy was created by an increased revenues is primarily due to on present market rates. The Act of the U.S. Congress, Department of increased investments and replacements Administrator’s authority to adjust the Energy Organization Act, Pub. L. 95–91, in hydroelectric generating and high- purchased power adder annually at his/ dated August 4, 1977, and voltage transmission facilities, increased her discretion, plus or minus $0.0011 Southwestern’s power marketing operation and maintenance expenses per kilowatthour (kWh), will remain the activities were transferred from the and increased transmission services same. Department of Interior to the expenses. The Revised Power Below is a general comparison of the Department of Energy, effective October Repayment Study shows that additional existing and proposed system rates:
Existing rates Proposed rates
GENERATION RATES Rate Schedule P–98D Rate Schedule P–02 (System Peaking) (System Peaking)
Capacity: Grid or 138–161kV...... $2.56/kW/Mo + up to $0.0146/kW/Mo (ancillary $2.72/kW/Mo + up to $0.0112/kW/Mo (ancillary services) for generation within control area: services) for generation within control area: Regulation Ancillary Services + $0.04/kW/Mo for de- Regulation Ancillary Services + $0.06/kW/Mo for de- liveries within control area liveries within control area 69 kV ...... Transformation Service Transformation Service + $0.25/kW/Mo (applied to usage, not reservation) + $0.28/kW/Mo (applied to usage, not reservation)
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Existing rates Proposed rates
GENERATION RATES Rate Schedule P–98D Rate Schedule P–02 (System Peaking) (System Peaking) Energy ...... $0.0048/kWh of Peaking Energy and Supplemental $0.0050/kWh ofr Peaking Energy and Supplemental Peaking Energy + a Purchased Power Adder of Peaking Energy + a Purchase Power Adder or $0.0011 of Peaking Energy (± 0.0011 annually at $0.0025 of Peaking Energy (± 0.0011 annually at Administrator’s discretion). Administrator’s discretion). TRANSMISSION RATES Rate Schedule NFTS–98D Rate Schedule NFTS–02 (Transmission) (Transmission) Capacity-Firm Reservation with en- ergy). Grid of 138–161 kV. $0.69/W/Mo $0.73/kW/Mo $0.173/kW/Week $0.183/kW/Week $0.0314/kW/Day $0.0332/kW/Day + Required Ancillary Services: + Required Ancillary Services: $0.06/kw/Mo, or $0.08/kW/Mo, or $0.016/kW/Week, or $0.021/kW/Week, or $0.0028/kW/Day $0.0037/kW/Day + Reserve Ancillary Services: + Reserve Ancillary Services: up to: $0.00146/kW/Mo, or up to: $0.00112/kW/Mo, or $0.00366/kW/Week, or $0.0028/kW/Week, or $0.00066kW/Day, $0.00050/kW/Day, for generation in control area for generation in control area + Regulation & Freq Response + Regulation & Freq Response Ancillary Service Ancillary Service up to: $0.04/kW/Mo, or up to: $0.06/kW/Mo, or 69 kV and below ...... $0.010/kW/Week, or $0.015/kW/Week, or $0.0018/kW/Day, for deliveries within control area $0.0027/kW/Day, for deliveries within control area Capacity (Non-firm with energy):. Transformation Service Transformation Service + 40.25/kW/Mo + $0.28/KW/Mo no separate charge (applied on usage, not reserva- no separate charge (applied on usage, not reserva- tion). Weekly and daily rates not applied. tion). Weekly and daily rates not applied. Network Service ...... no separate capacity charge $0.55/kW/Mo, or no separate capacity charge $0.138/kW/Week, or 80% of firm monthly charge $0.0251/kW/Day, or divided by 4 for weekly rate, $0.00157/kWh, delivered divided by 22 for daily rate and divided by 352 for hourly rate. $0.72/kW/Mo of Network Load $0.73/kW/Mo of Network Load + Required Ancillary Services: + Required Ancillary Services: $0.06/kW/Mo, or $0.08/kW/Mo, or + Reserve Ancillary Services: + Reserve Ancillary Services: up to: $0.00146/kW/Mo, up to: $0.00112/kW/Mo, for for generation in control area generation in control area + + Regulation & Freq Response
Rate Schedule EE–98 Rate Schedule EE–02 (Excess Energy) (Excess Energy) Energy ...... $0.0048/Wh + $0.0050/kWh + $0.0018/kWh (transmission) + $0.0021/kWh (transmission) + Required ancillary services Required ancillary services $0.00018/kWh + $0.00023/kWh + $0.00018/kWh (anciullary service) $0.00004/kWh (ancillary service) for generation in control area + for generation in control area + $0.00011/kWh (ancillary service) .000017/kWh (ancillary service) + + for deliveries in control area: for deliveries in control area:
Opportunity is presented for Power Administration, One West Third, and information presented at the Forum Southwestern customers and other Tulsa, OK 74103 (918) 595–6696. will be answered, to the extent possible, interested parties to receive copies of A Public Information Forum is at the Forum. Questions not answered at the Integrated System Studies. If you scheduled to be held on June 6, 2002, the Forum will be answered in writing, desire a copy of the Integrated System to explain to customers and the public except that questions involving Power Repayment Studies and Rate the proposed rates and supporting voluminous data contained in Design Study Data Package, submit your studies. The proceeding will be Southwestern’s records may best be request to Mr. Forrest E. Reeves, transcribed. The Forum will be answered by consultation and review of Assistant Administrator, Office of conducted by a chairman who will be pertinent records at Southwestern’s Corporate Operations, Southwestern responsible for orderly procedure. offices. Questions concerning the rates, studies,
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Persons interested in attending the DEPARTMENT OF ENERGY Marketing Administration Financial Public Information Forum should Reporting. Procedures for Public indicate in writing by letter or facsimile Southwestern Power Administration Participation in Power and transmission (918–595–6656) by May Transmission Rate Adjustments of the Sam Rayburn Dam Power Rate 31, 2002, their intent to appear at such Power Marketing Administrations are Forum. If no one so indicates their AGENCY: Southwestern Power found at title 10, part 903, subpart A of intent to attend, no such Forum will be Administration, DOE. the Code of Federal Regulations (10 CFR held. ACTION: Notice of public review and 903). comment. Southwestern markets power from 24 A Public Comment Forum is multi-purpose reservoir projects with scheduled to be held on July 10, 2002, SUMMARY: The Administrator, hydroelectric power facilities at which interested persons may submit Southwestern Power Administration constructed and operated by the U.S. written comments or make oral (Southwestern), has prepared Current Army Corps of Engineers. These projects presentations of their views and and Revised 2002 Power Repayment are located in the states of Arkansas, comments related to the rate proposal. Studies which show the need for a Missouri, Oklahoma, and Texas. The proceeding will be transcribed. The decrease in annual revenues to meet Southwestern’s marketing area includes Forum will be conducted by a chairman cost recovery criteria. Such decreased these States plus Kansas and Louisiana. who will be responsible for orderly revenues are required primarily due to The costs associated with the procedure. Southwestern’s decreased investments and operations hydropower facilities of 22 of the 24 representatives will be present, and they and maintenance expenses at the projects are repaid via revenues and the chairman may ask questions of project. The Administrator has received under the Integrated System the speakers. Persons interested in developed a proposed Sam Rayburn rates, as are Southwestern’s attending the Public Comment Forum Dam rate schedule, which is supported transmission facilities which consist of 1,380 miles of high-voltage transmission should indicate in writing by letter or by a power repayment study, to recover lines, 23 substations, and 46 microwave facsimile transmission (918–595–6656) the required revenues. Beginning and VHF radio sites. Costs associated by July 3, 2002, their intent to appear at October 1, 2002, the proposed rates would decrease annual revenues with the Sam Rayburn and Robert D. such Forum. If no one so indicates their Willis Dams, two projects that are intent to attend, no such Forum will be approximately 3.1 percent from $2,077,632 to $2,013,024. isolated hydraulically, electrically, and held. Persons interested in speaking at financially from the Integrated System the Forum should submit a request to DATES: The consultation and comment period will begin on the date of are repaid by separate rate schedules. Mr. Forrest E. Reeves, Assistant Following Department of Energy publication of this Federal Register Administrator, Southwestern, at least guidelines, the Administrator, notice and will end August 19, 2002. five (5) days prior to the Forum so that 1. Public Information Forum—June 6, Southwestern, prepared a Current a list of speakers can be developed. The 2002, 9 a.m. central time,Tulsa, OK. Power Repayment study using the chairman may allow others to speak if 2. Public Comment Forum—July 10, existing Sam Rayburn Dam rate. The time permits. 2002, 9 a.m. central time,Tulsa, OK. Study indicates that Southwestern’s legal requirement to repay the the A transcript of each Forum will be ADDRESSES: The forums will be held in investment in the power generating made. Copies of the transcripts may be Southwestern’s offices, Room 1402, facility for power and energy marketed Williams Center Tower I, One West obtained from the transcribing service. by Southwestern will be over-collected Third Street, Tulsa, Oklahoma 74103. Copies of all documents introduced will without a decrease in revenues. The Ten copies of the written comments, be available from Southwestern upon need for decreased revenues is primarily together with a diskette in MS Word or request for a fee. due to the decreased costs for project Corel Word Perfect, regarding the Following review of the oral and investments, together with decreased proposed rate change should be written comments and the information costs for operations and maintenance submitted to the Administrator, expenses. The Revised Power gathered in the course of the Southwestern Power Administration, proceedings, the Administrator will Repayment Study shows that a U.S. Department of Energy, One West reduction in annual revenue of $64,608 submit the amended Integrated System Third Street, Tulsa, Oklahoma 74103. Rate Proposal, Power Repayment (a 3.1 percent decrease), beginning FOR FURTHER INFORMATION CONTACT: Mr. October 1, 2002, is needed to satisfy Studies, and Rate Design Study in Forrest E. Reeves, Assistant support of the proposed rates to the repayment criteria. Administrator, Office of Corporate Opportunity is presented for Secretary of Energy for confirmation and Operations, Southwestern Power Southwestern customers and other approval on an interim basis, and Administration, U.S. Department of interested parties to receive copies of subsequently to the Federal Energy Energy, One West Third Street, Tulsa, the Sam Rayburn Dam Studies and the Regulatory Commission (FERC) for Oklahoma 74103, (918) 595–6696. proposed rate schedule. If you desire a confirmation and approval on a final SUPPLEMENTARY INFORMATION: The U.S. copy of the Sam Rayburn Dam Power basis. The FERC will allow the public Department of Energy was created by an Repayment Data Package with the an opportunity to provide written Act of the U.S. Congress, Department of proposed Rate Schedule, submit your comments on the proposed rate increase Energy Organization Act, Pub. L. 95–91, request to Mr. Forrest E. Reeves, before making a final decision. dated August 4, 1977, and Assistant Administrator, Office of Issued in Tulsa, Oklahoma, this 6th day of Southwestern’s power marketing Corporate Operations, Southwestern May 2002. activities were transferred from the Power Administration, One West Third Department of Interior to the Michael A. Deihl, Street, Tulsa, OK 74103, (918) 595–6696 Department of Energy, effective October or via e-mail to [email protected]. Administrator. 1, 1977. Guidelines for preparation of A Public Information Forum is [FR Doc. 02–12683 Filed 5–20–02; 8:45 am] power repayment studies are included scheduled to be held on June 6, 2002, BILLING CODE 6450–01–P in DOE Order No. RA 6120.2, Power to explain to customers and the public
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the proposed rate and supporting to the Secretary of Energy for that you identify docket ID number studies. The Forum will be conducted confirmation and approval on an OPPT–2002–0014 in the subject line on by a chairman who will be responsible interim basis, and subsequently to the the first page of your response. for orderly procedure. Questions Federal Energy Regulatory Commission FOR FURTHER INFORMATION CONTACT: For concerning the rate, studies, and (FERC) for confirmation and approval general information contact: Barbara information presented at the Forum will on a final basis. The FERC will allow Cunningham, Acting Director, be answered, to the extent possible, at the public an opportunity to provide Environmental Assistance Division the Forum. Questions not answered at written comments on the proposed rate (7408M), Office of Pollution Prevention the Forum will be answered in writing, decrease before making a final decision. and Toxics, Environmental Protection except that questions involving Issued in Tulsa, Oklahoma, this 6th day of Agency, 1200 Pennsylvania Ave., NW., voluminous data contained in May, 2002. Washington, DC 20460; telephone Southwestern’s records may best be Michael A. Deihl, number: (202) 554–1404; e-mail address: answered by consultation and review of Administrator. [email protected]. pertinent records at Southwestern’s [FR Doc. 02–12682 Filed 5–20–02; 8:45 am] For technical information contact: offices. Paul Campanella, Chemical Control Persons interested in attending the BILLING CODE 6450–01–P Division (7405M), Office of Pollution Public Information Forum should Prevention and Toxics, Environmental indicate in writing by letter or facsimile Protection Agency, 1200 Pennsylvania transmission (918–595–6656) by May ENVIRONMENTAL PROTECTION Ave., NW., Washington, DC 20460; 31, 2002, their intent to appear at such AGENCY telephone number: (202) 564–8091; fax Forum. If no one so indicates their [OPPT–2002–0014; FRL–7177–1] number: (202) 564–4765; e-mail address: intent to attend, no such Forum will be [email protected]. held. TSCA Section 8(d) Health and Safety SUPPLEMENTARY INFORMATION: A Public Comment Forum is Data Reporting, Submission of Lists scheduled to be held on July 10, 2002, and Copies of Health and Safety I. Does this Action Apply to Me? at which interested persons may submit Studies; Request for Comment on You may be potentially affected by written comments or make oral Renewal of Information Collection this action if you are a company that presentations of their views and Activities manufactures, processes, imports, or comments related to the rate proposal. distributes in commerce chemical AGENCY: Environmental Protection The Forum will be conducted by a substances or mixtures. Potentially Agency (EPA). chairman who will be responsible for affected categories and entities may orderly procedure. Southwestern’s ACTION: Notice. include, but are not limited to: representatives will be present, and they SUMMARY: In compliance with the and the chairman may ask questions of Paperwork Reduction Act (PRA) (44 Type of business NAICS codes the speakers. Persons interested in U.S.C. 3501 et seq.), EPA is seeking Chemical manufac- 325 attending the Public Comment Forum public comment on the following should indicate in writing by letter or turing Information Collection Request (ICR): facsimile transmission (918–595–6656) Petroleum refineries 32411 TSCA Section 8(d) Health and Safety by July 3, 2002, their intent to appear at Data Reporting, Submission of Lists and This table is not intended to be such Forum. If no one so indicates their Copies of Health and Safety Studies exhaustive, but rather provides a guide intent to attend, no such Forum will be (EPA ICR No. 0575.09, OMB Control No. for readers regarding entities likely to be held. Persons interested in speaking at 2070–0004). This ICR involves a affected by this action. Other types of the Forum should submit a request to collection activity that is currently entities not listed in this table could the Administrator, Southwestern, at approved and scheduled to expire on also be affected. The North American least five (5) days prior to the Forum so October 31, 2002. The information Industrial Classification System that a list of speakers can be developed. (NAICS) codes are provided to assist The chairman may allow others to speak collected under this ICR relates to you and others in determining whether if time permits. requirements that manufacturers and A transcript of each Forum will be processors submit lists and copies of or not this action might apply to certain made. Copies of the transcripts may be health and safety studies relating to the entities. If you have any questions obtained from the transcribing service. health and/or environmental effects of regarding the applicability of this action Copies of all documents introduced will chemical substances and mixtures listed to a particular entity, consult the be available from Southwestern upon in the TSCA section 8(d) rule (40 CFR technical person listed under FOR request for a fee. Written comments, part 716). Before submitting this ICR to FURTHER INFORMATION CONTACT. together with a diskette in MS Word or the Office of Management and Budget II. How Can I Get Additional Corel Word Perfect, on the proposed (OMB) for review and approval under Information, Including Copies of this Sam Rayburn Dam Rate are due on or the PRA, EPA is soliciting comments on Document and Other Related before August 19, 2002. Ten copies of specific aspects of the collection. Documents? the written comments should be DATES: Written comments, identified by submitted to the Administrator, the docket ID number OPPT–2002– A. Electronically Southwestern, at the above-mentioned 0014, must be received on or before July You may obtain electronic copies of address for Southwestern’s offices. 22, 2002. this document, and certain other related Following review of the oral and ADDRESSES: Comments may be documents that might be available written comments and the information submitted by mail, electronically, or in electronically, from the EPA Internet gathered in the course of the person. Please follow the detailed Home Page at http://www.epa.gov/. On proceedings, the Administrator will instructions for each method as the Home Page select ‘‘Laws and submit the amended Sam Rayburn Dam provided in Unit III. of the Regulations,’’ ‘‘Regulations and Rate Proposal, and Power Repayment SUPPLEMENTARY INFORMATION. To ensure Proposed Rules,’’ and then look up the Studies in support of the proposed rate proper receipt by EPA, it is imperative entry for this document under the
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‘‘Federal Register—Environmental e-mail to: [email protected], or mail line on the first page of your response. Documents.’’ You can also go directly to your computer disk to the address You may also provide the name, date, the Federal Register listings at http:// identified in Units III.A.1. and 2. Do not and Federal Register citation. www.epa.gov/fedrgstr/. submit any information electronically D. What Information is EPA Particularly that you consider to be CBI. Electronic B. Fax-on-Demand Interested in? comments must be submitted as an Using a faxphone call (202) 564–3119 ASCII file avoiding the use of special Pursuant to section 3506(c)(2)(A) of and select items 4094 and 4095 for a characters and any form of encryption. the PRA, EPA specifically solicits copy of the ICR. Comments and data will also be comments and information to enable it to: C. In Person accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file 1. Evaluate whether the proposed The Agency has established an official format. All comments in electronic form collections of information are necessary record for this action under docket ID must be identified by docket ID number for the proper performance of the number OPPT–2002–0014. The official OPPT–2002–0014. Electronic comments functions of the Agency, including record consists of the documents may also be filed online at many Federal whether the information will have specifically referenced in this action, Depository Libraries. practical utility. any public comments received during 2. Evaluate the accuracy of the an applicable comment period, and B. How Should I Handle CBI that I Want Agency’s estimates of the burdens of the other information related to this action, to Submit to the Agency? proposed collections of information. including any information claimed as Do not submit any information 3. Enhance the quality, utility, and Confidential Business Information (CBI). electronically that you consider to be clarity of the information to be This official record includes the CBI. You may claim information that collected. documents that are physically located in you submit to EPA in response to this 4. Minimize the burden of the the docket, as well as the documents document as CBI by marking any part or collections of information on those who that are referenced in those documents. all of that information as CBI. are to respond, including through the The public version of the official record Information so marked will not be use of appropriate automated or does not include any information disclosed except in accordance with electronic collection technologies or claimed as CBI. The public version of procedures set forth in 40 CFR part 2. other forms of information technology, the official record, which includes In addition to one complete version of e.g., permitting electronic submission of printed, paper versions of any electronic the comment that includes any responses. comments submitted during an information claimed as CBI, a copy of IV. What Information Collection applicable comment period, is available the comment that does not contain the Activity or ICR Does this Action Apply for inspection in the TSCA information claimed as CBI must be to? Nonconfidential Information Center, submitted for inclusion in the public North East Mall Rm. B–607, Waterside version of the official record. EPA is seeking comments on the Mall, 401 M St., SW., Washington, DC. Information not marked confidential following ICR: Title: TSCA Section 8(d) Health and The Center is open from noon to 4 p.m., will be included in the public version Safety Data Reporting, Submission of Monday through Friday, excluding legal of the official record without prior Lists and Copies of Health and Safety holidays. The telephone number for the notice. If you have any questions about Studies. Center is (202) 260–7099. CBI or the procedures for claiming CBI, ICR numbers: EPA ICR No. 0575.09, please consult the technical person III. How Can I Respond to this Action? OMB No. 2070–0004. FOR FURTHER INFORMATION listed under ICR status: This ICR is currently A. How and to Whom Do I Submit the CONTACT . scheduled to expire on October 31, Comments? C. What Should I Consider when I 2002. An Agency may not conduct or You may submit comments through Prepare My Comments for EPA? sponsor, and a person is not required to the mail, in person, or electronically. To You may find the following respond to a collection of information ensure proper receipt by EPA, it is suggestions helpful for preparing your that is subject to approval under PRA, imperative that you identify docket ID comments: unless it displays a currently valid OMB number OPPT–2002–0014 on the 1. Explain your views as clearly as control number. The OMB control subject line on the first page of your possible. numbers for EPA’s information response. 2. Describe any assumptions that you collections appear on the collection 1. By mail. Submit your comments to: used. instruments or instructions, in the Document Control Office (7407M), 3. Provide copies of any technical Federal Register notices for related Office of Pollution Prevention and information and/or data you used that rulemakings and ICR notices, and, if the Toxics (OPPT), Environmental support your views. collection is contained in a regulation, Protection Agency, 1200 Pennsylvania 4. If you estimate potential burden or in a table of OMB approval numbers in Ave., NW., Washington, DC 20460. costs, explain how you arrived at the 40 CFR part 9. 2. In person or by courier. Deliver estimate that you provide. Abstract: Section 8(d) of the Toxic your comments to: OPPT Document 5. Provide specific examples to Substances Control Act (TSCA) and 40 Control Office (DCO) in EPA East illustrate your concerns. CFR part 716 require manufacturers and Building Rm. 6428, 1201 Constitution 6. Offer alternative ways to improve processors of chemicals to submit lists Ave., NW., Washington, DC. The DCO is the collection activity. and copies of health and safety studies open from 8 a.m. to 4 p.m., Monday 7. Make sure to submit your relating to the health and/or through Friday, excluding legal comments by the deadline in this environmental effects of certain holidays. The telephone number for the notice. chemical substances and mixtures. In DCO is (202) 564–8930. 8. To ensure proper receipt by EPA, order to comply with the reporting 3. Electronically. Submit your be sure to identify the docket ID number requirements of section 8(d), comments and/or data electronically by assigned to this action in the subject respondents must search their records to
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identify any health and safety studies in Estimated total annual burden costs: SUMMARY: The Lubrizol Corporation their possession, copy and process $203,512. (Lubrizol) has developed a motor- relevant studies, list studies that are vehicle diesel fuel, known as PuriNO , VI. Are There Changes in the Estimates X currently in progress, and submit this that contains significant amounts of from the Last Approval? information to EPA. water and methanol. The purpose of this EPA uses this information to There is a decrease of 2,198 hours notice is to announce that EPA has construct a complete picture of the (from 4,542 hours to 2,344 hours) in the notified Lubrizol, by certified letter, of known effects of the chemicals in total estimated respondent burden proposed Alternative Tier 2 testing question, leading to determinations by compared with that identified in the requirements for PuriNOX Generation 2 EPA of whether additional testing of the information collection request most Winter Diesel Fuel Emulsion (Winter chemicals is required. The information recently approved by OMB. This change PuriNOX) under the fuel and fuel enables EPA to base its testing decisions results from an updated analysis of the additive registration testing on the most complete information historical reporting patterns and the requirements. EPA is also proposing available and to avoid demands for number of chemicals listed on the that testing performed by Lubrizol on testing that may be duplicative. EPA section 8(d) reporting rule (adjustment). Winter PuriNOX and a warm-climate will use information obtained via this Specifically, because no new chemicals PuriNOX is sufficient to cover collection to support its investigation of were added to the rule during the intermediate versions of PuriNOX. A the risks posed by chemicals and, in previous ICR reporting period, the copy of the letter has been placed in the particular, to support its decisions on number of chemicals added during the public record. The purpose of these whether to require industry to test 1993 through 1996 period were proposals is to assist in characterizing chemicals under section 4 of TSCA. averaged over 8 years (1993 through potential health risks associated with Responses to the collection of 2000) to provide an estimate of expected the use of this fuel. The public is invited information are mandatory (see 40 CFR reporting over the coming 3 year period to comment on these proposals. part 716). Respondents may claim all or of this ICR renewal. Unit burden DATES: Comments must be submitted on part of a notice confidential. EPA will estimates have not changed. or before June 20, 2002. Comments on disclose information that is covered by VII. What is the Next Step in the the proposed Alternative Tier 2 a claim of confidentiality only to the Process for this ICR? provisions must be received from extent permitted by, and in accordance Lubrizol within 60 days of Lubrizol’s with, the procedures in TSCA section 14 EPA will consider the comments receipt of the notification letter. received and amend the ICR as and 40 CFR part 2. ADDRESSES: Written comments should appropriate. The final ICR package will be addressed to Public Docket No. A– V. What are EPA’s Burden and Cost then be submitted to OMB for review Estimates for this ICR? 2002–07, Waterside Mall (Room M– and approval pursuant to 5 CFR 1500), Environmental Protection Under the PRA, ‘‘burden’’ means the 1320.12. EPA will issue another Federal Agency, Air Docket Section, 401 M total time, effort, or financial resources Register notice pursuant to 5 CFR Street, SW., Washington, DC, 20460– expended by persons to generate, 1320.5(a)(1)(iv) to announce the 0001. Relevant materials have been maintain, retain, or disclose or provide submission of the ICR to OMB and the placed in this docket. It may be information to or for a Federal Agency. opportunity to submit additional inspected from 8 a.m. to 5:30 p.m., For this collection it includes the time comments to OMB. If you have any Monday through Friday. A reasonable needed to review instructions; develop, questions about this ICR or the approval fee may be charged for copying. process, please contact the technical acquire, install, and utilize technology FOR FURTHER INFORMATION CONTACT: person listed under FOR FURTHER and systems for the purposes of James W. Caldwell, Environmental INFORMATION CONTACT. collecting, validating, and verifying Engineer, U.S. Environmental Protection information, processing and List of Subjects Agency, Office of Transportation and maintaining information, and disclosing Air Quality, Mail Code 6406J, 1200 and providing information; adjust the Environmental protection, Reporting and recordkeeping requirements. Pennsylvania Avenue, NW, Washington, existing ways to comply with any DC, 20460–0001, (202) 564–9303, fax previously applicable instructions and Dated: May 10, 2002. (202) 565–2085, [email protected]. requirements; train personnel to be able Stephen L. Johnson, SUPPLEMENTARY INFORMATION: Regulated to respond to a collection of Entity. The entity potentially regulated information; search data sources; Assistant Administrator for Prevention, Pesticides and Toxic Substances. by this action is Lubrizol. complete and review the collection of information; and transmit or otherwise [FR Doc. 02–12714 Filed 5–20–02; 8:45 am] I. Introduction disclose the information. BILLING CODE 6560–50–S Pursuant to sections 211(b)(2) and The ICR provides a detailed 211(e) of the Clean Air Act (CAA) EPA explanation of this estimate, which is promulgated regulations requiring ENVIRONMENTAL PROTECTION only briefly summarized in this notice. manufacturers of designated fuels and AGENCY The annual public burden for this fuel additives (F/FA) to conduct tests to collection of information is estimated to determine the potential health effects of average 4.1 hours per response. The [FRL–7213–9] the F/FA emissions. The final rule, following is a summary of the estimates promulgated May 27, 1994, established Proposed Alternative Tier 2 taken from the ICR: new health-effects testing requirements Requirements for PuriNOl Diesel Fuel Respondents/affected entities: 569. for the registration of designated F/FAs Frequency of response: On occasion. AGENCY: Environmental Protection (59 FR 33042). Estimated average number of Agency (EPA). The registration requirements are responses for each respondent: 12.5. organized within a three-tier structure. ACTION: Notice of proposed Estimated total annual burden hours: Tier 1 requires F/FA manufacturers to requirements. 2,344. supply to EPA (1) the identity and
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concentration of certain emission Winter PuriNOX, will be sufficient to ZEV amendments’’). By letter dated May products, and (2) any available meet the Tier 2 requirements for 30, 2001, California requested that EPA information regarding the health and intermediate PuriNOX combinations of grant a waiver of preemption under welfare effects of the whole and diesel fuel, water, methanol, and section 209(b) of the Clean Air Act speciated emissions. 40 CFR 79.52. Tier additive package.1 (CAA), 42 U.S.C. 7543(b) for the LEVII 2 requires that combustion emissions of EPA requests public comment on amendments. By letter dated February 7, each F/FA subject to the testing these proposals. A copy of the 2002, California requested that EPA requirements be tested for subchronic notification to Lubrizol has been placed confirm CARB’s determination that a systemic and organic toxicity, as well as in Public Docket No. A–2002–07 noted limited portion of the LEVII the assessment of specific health-effect above. The notification is also available amendments, the 1999 ZEV endpoints. 40 CFR 79.53. Tier 3 testing from the contact noted above and at amendments, are within-the-scope of may be required, at EPA’s discretion, www.epa.gov/otaq/fuels. previously issued waivers granted by when remaining uncertainties as to the EPA. This notice announces that EPA III. Environmental Impact significance of observed health or has tentatively scheduled two welfare effects, or emissions exposures, This document will result in no successive public hearings concerning interfere with EPA’s ability to immediate environmental impact, but California’s requests and that EPA is reasonably assess the potential risks may provide a basis for further accepting comments on these requests. posed by the emissions from a F/FA. 40 regulatory action, should the collected EPA invites comments on all relevant CFR 79.54. EPA’s regulations permit data indicate that there may be a risk to aspects of California’s requests, in submission of adequate existing test public health or welfare. particular, whether EPA should waive data in lieu of conducting new, IV. Economic Impact preemption of California’s LEVII duplicative tests. 40 CFR 79.53(b). amendments, and whether the 1999 At its discretion, EPA may modify the This document will reduce the testing ZEV amendments are within the scope standard Tier 2 health-effects testing expense for Lubrizol by reducing the of previous waivers and, if not, whether requirements for a F/FA (or group number of test fuels. Since this applies EPA should waive preemption for the thereof) by substituting, adding, or only to Lubrizol, which is not a small 1999 ZEV amendments. deleting testing requirements, or entity, there is no economic impact on DATES: EPA has tentatively scheduled a small entities. changing the underlying vehicle/engine public hearing concerning the 1999 ZEV specifications. 40 CFR 79.58(c). EPA Dated: May 14, 2002. amendments on June 20, 2002 beginning will not, however, delete a testing Robert Brenner, at 10:00 a.m. EPA has also tentatively requirement for a specific end point in Acting Assistant Administrator, Office of Air scheduled a public hearing concerning the absence of existing adequate and Radiation. the LEVII amendments to commence information, or an alternative testing [FR Doc. 02–12707 Filed 5–20–02; 8:45 am] immediately following the hearing for requirement for that endpoint. 40 CFR BILLING CODE 6560–50–P the 1999 ZEV amendments and may 79.58(c). carry over until the following day. EPA II. Proposed Alternative Tier 2 will hold hearings only if a party Requirements for PuriNOX ENVIRONMENTAL PROTECTION notifies EPA by June 10, 2002, AGENCY The purpose of this document is to expressing its interest in presenting oral announce that EPA has notified [AMS–FRL–7214–3] testimony regarding the 1999 ZEV Lubrizol of proposed Alternative Tier 2 amendments and/or the LEVII testing requirements under 40 CFR California State Motor Vehicle amendments. By June 17, 2002, any 79.58(c) for Lubrizol’s Winter PuriNOX Pollution Control Standards; Request person who plans to attend the formulation. The proposed Alternative for Waiver of Federal Preemption; hearing(s) should call David Dickinson Tier 2 testing requirements are identical Within the Scope Request; Opportunity at (202) 564–9256 to learn if either to the standard Tier 2 requirements with for Public Hearing hearing will be held. If EPA does not the exception that the test fuel will be receive a request for one or both public AGENCY: Environmental Protection hearings, then EPA will not hold one or the Winter PuriNOX formulation, Agency (EPA). consisting of 74% diesel fuel, 16.8% both hearings, and instead consider ACTION: Notice of Opportunity for public water, 5.7% methanol, and 3.5% CARB’s requests based on written hearing and comment. PuriNOX Generation 2 Additive submissions to the docket. Any party Package. Under the standard Tier 2 SUMMARY: The California Air Resources may submit written comments by July requirements the water and methanol Board (CARB) has notified EPA that it 22, 2002. would have been tested separately in has adopted amendments to its Low- ADDRESSES: EPA will make available for diesel fuel. EPA believes that, since Emission Vehicle (LEV) regulations public inspection at the Air and such separate formulations will never including amendments to its exhaust Radiation Docket and Information occur in the production of Winter emission standards, evaporative Center written comments received from PuriNOX, testing of the proposed test emission standards, its certification interested parties, in addition to any fuel, which corresponds with its requirements, and to its Zero-Emission- testimony given at the public hearing. commercial composition, will produce Vehicle (ZEV) program (collectively the The Air Docket is open during working more meaningful health-effects testing ‘‘LEVII’’ amendments; the ZEV hours from 8 a.m. to 4 p.m. at EPA, Air results. amendments are referred to as the ‘‘1999 Docket (6102), Room M–1500, Lubrizol has already conducted Waterside Mall, 401 M St., SW., 1 standard Tier 2 testing on a warm- Thus, if the Winter PuriNOX Alternative Tier 2 Washington, DC 20460. The reference climate PuriNOX formulation, consisting testing is successfully completed, the Tier 2 health number for this docket is A–99–26. of 77% diesel fuel, 20% water, and 3% effects testing requirements would be met for Parties wishing to present oral PuriNOX formulations consisting of 100%–74% PuriNOX 1121A Additive Package. We diesel fuel, 0%–20%water, 0%–5.7% methanol, testimony at either public hearing propose that this testing, in conjunction 0%–3.5% PuriNOX Generation 2 Additive, or 0%– should provide written notice to David with the Alternative Tier 2 testing for 3% PuriNOX 1121A. Dickinson at the address noted below;
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parties should submit any written LEVII regulations. (May 2001 letter) evaporative emission standards; (4) comments to David Dickinson. If EPA These LEVII regulations include additional mechanisms for the receives a request for a public hearing, amendments to its exhaust emission generation of ZEV credits; and (5) EPA will hold the public hearing in the standards, evaporative emission establishment of ‘‘CAP 2000’’ first floor conference room at 501 3rd standards, certification requirements, certification requirements. Street, NW., Washington, DC. and to its Zero-Emission Vehicle When EPA receives new waiver FOR FURTHER INFORMATION CONTACT: program. Subsequently, on February 7, requests from CARB, EPA traditionally David Dickinson, Certification and 2002, CARB submitted to the publishes a notice of opportunity for Compliance Division (6405J), U.S. Administrator its request that EPA public hearing and comment and then Environmental Protection Agency, 1200 confirm CARB’s determination that the publishes a decision in the Federal Pennsylvania Ave, NW., Washington, limited portion of the previously Register following the public comment DC 20460. Telephone: (202) 564–9256, submitted LEVII amendments that period. In contrast, when EPA receives Fax: (202) 565–2057, e-mail address: pertains to ZEVs does not require a new within the scope waiver requests from [email protected]. EPA makes waiver of preemption but rather is CARB, EPA traditionally publishes a available an electronic copy of this within the scope of previously issued decision in the Federal Register and Notice on the Office of Transportation waivers. (February 2002 letter) concurrently invites public comment if an interested part is opposed to EPA’s and Air Quality’s (OTAQ’s) homepage (B) Background and Discussion (http://www.epa.gov/otaq/). Users can decision. Because CARB seeks a new waiver for find this document by accessing the Section 209(a) of the Clean Air Act, as nearly all of the requirements in its OTAQ homepage and looking at the amended (‘‘Act’’), 42 U.S.C. 7543(a), LEVII regulations, and because EPA has path entitled ‘‘Regulations.’’ This provides: already received written comment on service is free of charge, except any cost No State or any political subdivision CARB’s within the scope request for its you already incur for Internet thereof shall adopt or attempt to enforce any standard relating to the control of emissions 1999 ZEV amendments, EPA invites connectivity. Users can also get the comment on the following issues: (1) official Federal Register version of the from new motor vehicles or new motor vehicle engines subject to this part. No state Whether California’s 1999 ZEV Notice on the day of publication on the shall require certification, inspection or any amendments (a) undermine California’s primary website: (http://www.epa.gov/ other approval relating to the control of previous determination that its docs/fedrgstr/EPA–AIR/). emission from any new motor vehicle or new standards, in the aggregate, are at least Please note that due to differences motor vehicle engine as condition precedent as protective of public health and between the software used to develop to the initial retail sale, titling (if any), or welfare as comparable Federal the documents and the software into registration of such motor vehicle, motor vehicle engine, or equipment. standards, (b) affect the consistency of which the documents may be California’s requirements with section downloaded, changes in format, page Section 209(b)(1) of the Act requires 202(a) of the Act, and (c) raise new length, etc., may occur. the Administrator, after notice and issues affecting EPA’s previous waiver SUPPLEMENTARY INFORMATION: opportunity for public hearing, to waive determinations; and (2) Whether (a) application of the prohibitions of (A) Procedural History California’s determination that its section 209(a) for any state that has standards (including its LEVII standards On January 13, 1993, EPA published adopted standards (other than crankcase and including the 1999 ZEV a Notice Regarding Waiver of Federal emission standards) for the control of amendments to the extent they are not Preemption granting California a waiver emissions from new motor vehicles or within the scope of previous waivers), of federal preemption for the California new motor vehicle engines prior to as referenced in its May 2001 request LEV program (58 FR 4166). The March 30, 1966, if the state determines letter, are at least as protective of public California LEV waiver included that the state standards will be, in the health and welfare as applicable federal California’s original ZEV requirements. aggregate, at least as protective of public standards is arbitrary and capricious, (b) In March 1996, CARB amended the health and welfare as applicable federal California needs separate standards to LEV program by eliminating the ZEV standards. California is the only state meet compelling and extraordinary sales requirement for model years 1998 that is qualified to seek and receive a conditions, and (c) California’s through 2002 (1996 ZEV amendments). waiver under section 209(b). The standards and accompanying On February 26, 1997, CARB submitted Administrator must grant a waiver enforcement procedures are consistent to the Administrator a request that EPA unless she finds that (A) the with section 202(a) of the CAA? confirm the CARB Board’s determination of the state is arbitrary determination that the 1996 ZEV and capricious, (B) the state does not Procedures for Public Participation amendments to its LEV program need the state standards to meet In recognition that public hearings are (primarily repealing the ZEV compelling and extraordinary designed to give interested parties an requirements for 1998 through 2002), conditions, or (C) the state standards opportunity to participate in this but also creating multiple ZEV credits and accompanying enforcement proceeding, there are no adverse parties for vehicles produced prior to the 2003 procedures are not consistent with as such. Statements by participants will model year and test procedures for section 202(a) of the Act. not be subject to cross-examination by determining All-Electric Vehicle Range) CARB’s May 2001 letter to the other participants without special are within-the-scope of the existing Administrator notified EPA that it had approval by the presiding officer. The California LEV program which had adopted amendments to its LEV presiding officer is authorized to strike previously received a waiver. On program. These amendments include (1) from the record statements that he or January 25, 2001, EPA published a imposing passenger car exhaust she deems irrelevant or repetitious and document (66 FR 7751) confirming emission standards on most sport utility to impose reasonable time limits on the CARB’s within the scope determination. vehicles (SUVs), pick-up trucks, and duration of the statement of any On May 30, 2001, CARB submitted to mini-vans; (2) lower exhaust emission participant. the Administrator its request that EPA standards for all light- and medium- If hearing(s) are held, the Agency will grant a waiver of preemption for its duty vehicles; (3) reductions in make a verbatim record of the
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proceedings. Interested parties may ENVIRONMENTAL PROTECTION to: (a) Discuss the charge and the arrange with the reporter at the AGENCY adequacy of the review materials provided to the TCE Review Panel; (b) hearing(s) to obtain a copy of the [FRL–7215–2] transcript at their own expense. to clarify any questions and issues Regardless of whether public hearing(s) EPA Science Advisory Board; relating to the charge and the review are held, EPA will keep the record open Notification of Public Advisory materials; (c) to discuss specific charge until July 22, 2002. Upon expiration of Committee Meetings; Environmental assignments to the TCE Review the comment period, the Administrator Health Committee’s Trichloroethylene Panelists; and (d) to clarify specific will render a decision on CARB’s (TCE) Health Risk Assessment points of interest raised by the Panelists in preparation for the face-to-face request based on the record of the Synthesis and Characterization Review meeting to be held on June 18 and June public hearing(s), if any, relevant Panel 19, 2002. This teleconference meeting of written submissions, and other Pursuant to the Federal Advisory the TCE Review Panel will provide information that she deems pertinent. Committee Act, Public Law 92–463, focus on the charge and issues prior to All information will be available for notice is hereby given of three meetings the June 18–19, 2002 meeting of the inspection at EPA Air Docket. (Docket of the Environmental Health Panel. No. A–99–26). Committee’s Trichloroethylene (TCE) See below for availability of review EPA requests that parties wishing to Health Risk Assessment Synthesis and materials, the charge to the review submit comments specify which issue, Characterization Review Panel (TCE panel, and contact information. Review Panel) of the US EPA Science noted above, they are addressing. 2. Environmental Health Committee’s Advisory Board (SAB). The Panel will Commenters may submit one document Trichloroethylne (TCE) Health Risk meet on the dates and times noted which addresses several issues but they Assessment Synthesis and below. All times noted are Eastern should separate, to the extent possible, Characterization Review Panel—June Time. All meetings are open to the those comments that relate to the 1999 18 and 19, 2002 Meeting public, however, seating is limited and ZEV amendments from those that relate available on a first come basis. For The TCE Review Panel of the Science to the LEVII amendments. teleconference meetings, available lines Advisory Board (SAB) will conduct a Persons with comments containing may also be limited. Important Notice: public meeting on June 18 and June 19, proprietary information must Documents that are the subject of SAB 2002. The meeting will begin on June distinguish such information from other reviews are normally available from the 18, 2002 at 9:00 am and adjourn no later comments to the greatest possible extent originating EPA office and are not than 5:30 pm that day. On June 19, and label it as ‘‘Confidential Business available from the SAB Office— 2002, the meeting may begin at 9:00 am Information’’ (CBI). If a person making information concerning availability of and adjourn no later than 1:00 pm. The comments wants EPA to base its documents from the relevant Program meeting will take place at RESOLVE, decision in part on a submission labeled Office is included below. 1255 23rd Street, Suite 275, NW Washington, DC 20037. For further CBI, then a nonconfidential version of Background: The background for this information concerning the meeting, the document that summarizes the key review and the charge to the panel were published in the Federal Register (66 please contact the individuals listed at data or information should be submitted FR 54768–54769) on October 30, 2001. the end of this FR notice. for the public docket. To ensure that The notice also included a call for The need for subsequent meetings of proprietary information is not nominations for members of the panel the Review Panel will be discussed at inadvertently placed in the docket, in certain technical expertise areas this meeting and schedules of any future submissions containing such needed to address the charge and meetings to complete review of this information should be sent directly to described the process to be used in topic will be discussed. However, a the contact person listed above and not forming the panel. contingency date of July 18, 2002 from to the public docket. Information 1:00 pm to 3:00 pm Eastern Standard covered by a claim of confidentiality 1. Environmental Health Committee’s Time has been reserved for a conference will be disclosed by EPA only to the Trichloroethylene (TCE) Health Risk call. Information concerning any future extent allowed and by the procedures Assessment Synthesis and public meetings will appear in Federal set forth in 40 CFR part 2. If no claim Characterization Review Panel—June 5, Register notices as appropriate. 2002 Teleconference of confidentiality accompanies the Purpose of the Meeting—The purpose submission when EPA receives it, EPA The TCE Review Panel will meet on of this meeting is to conduct a review will make it available to the public June 5, 2002 via teleconference from of an Agency draft document, without further notice to the person 1:00 pm to 3:00 pm Eastern Time. This Trichlorethylene Health Risk making comments. teleconference meeting will be hosted Assessment: Synthesis and out of Conference Room 6013, USEPA, Characterization, Draft Report, Prepared Dated: May 14, 2002. Ariel Rios Building North, 1200 for the U.S. Environmental Protection Robert D. Brenner, Pennsylvania Avenue, NW, Washington, Agency, Office of Research and Deputy Assistant Administrator for Air and DC 20004. The meeting is open to the Development, EPA/600/P–01/002A, Radiation. public, but, due to limited space, seating August 2001 External Review Draft. In [FR Doc. 02–12709 Filed 5–20–02; 8:45 am] will be on a first-come basis. The public particular, the Review Panel will: (1) BILLING CODE 6560–50–P may also attend via telephone, however, Engage in dialogue with appropriate lines may be limited. For further officials from the Agency who are information concerning the meeting or responsible for its preparation; (2) begin how to obtain the phone number, please to prepare responses to the charge contact the individuals listed at the end questions; (3) receive public comments of this FR notice. as appropriate; and (4) plan and Purpose of the Meeting—The purpose schedule subsequent meetings (if of this public teleconference meeting is needed) to complete this review.
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See below for availability of review who register. Registration is on a first opportunities for oral comment will materials, the charge to the review come basis. Speakers who have been usually be limited to no more than 3 panel, and contact information for both granted time on the agenda may not minutes per speaker and no more than meetings. yield their time to other speakers. fifteen minutes total. Deadlines for Speakers who are unable to register in getting on the public speaker list for a 3. Environmental Health Committee time may provide their comments in Review of the Trichloroethylene (TCE) meeting are given above. Speakers writing. Health Risk Assessment Synthesis and should bring at least 35 copies of their Members of the public desiring comments and presentation slides for Characterization Draft Document—July additional information about the 18, 2002 Teleconference distribution to the reviewers and public meeting locations or the call-in number at the meeting. Written Comments: Purpose of the Meeting—Depending for the teleconference before June 30, Although the SAB accepts written on progress achieved in developing its 2002, must contact Ms. Diana Pozun, comments until the date of the meeting report from the June 18–19, 2002 Program Specialist EPA Science (unless otherwise stated), written meeting, the TCE Review Panel of the Advisory Board (1400A), Suite 6450N, comments should be received in the Executive Committee of the Science U.S. EPA, 1200 Pennsylvania Avenue, SAB Staff Office at least one week prior Advisory Board (SAB) may convene in NW, Washington, DC 20460; telephone/ to the meeting date so that the a public teleconference on July 18, 2002 voice mail at (202) 564–4544; fax at comments may be made available to the from 1 p.m. to 3 p.m. Eastern Standard (202) 501–0323; or via e-mail at review panel for their consideration. Time as a contingency date to conduct [email protected]. Comments should be supplied to the a public meeting to reach closure on a A copy of the draft agenda for each appropriate DFO at the address/contact draft report. The purpose of reserving meeting will be posted on the SAB Web information noted above in the this date is to provide an opportunity site (www.epa.gov/sab) (under the following formats: one hard copy with for the Review Panel to reach closure on AGENDAS subheading) approximately original signature, and one electronic a consensus draft in a public forum. 10 days before that meeting. copy via e-mail (acceptable file format: This will be coordinated through a Availability of Review Material— Adobe Acrobat, WordPerfect, Word, or There is one primary document that is teleconference connection hosted out of Rich Text files (in IBM-PC/Windows 95/ the subject of the review. The review Conference Room 6013, US EPA, Ariel 98 format). Those providing written document is available electronically at Rios Building North, 1200 Pennsylvania comments and who attend the meeting the following site http:// Avenue, NW., Washington, DC 20004. are also asked to bring 35 copies of their The meeting is open to the public, but oaspub.epa.gov/eims/ comments for public distribution. due to limited space, seating will be on eimscomm.getfile?p—download— Meeting Access—Individuals a first-come basis—the public may also id=4580. For questions and information requiring special accommodation at this attend via telephone, however, lines pertaining to the review documents, meeting, including wheelchair access to may be limited. For further information please contact Dr. V. James Cogliano the conference room, should contact Dr. concerning the meeting or how to obtain (Mail Code 8623D), U.S. Environmental Nugent at least 5 business days prior to the phone number, please contact the Protection Agency, USEPA the meeting so that appropriate individuals listed at the end of this FR Headquarters, Ariel Rios Building, 1200 arrangements can be made. notice. Pennsylvania Ave., NW, Washington, For Further Information about Public DC 20460; tel. (202) 564–3269, Fax (202) General Information—Additional Participation in the meetings identified 565–0079, e-mail: [email protected]. information concerning the Science above must contact Dr. Angela Nugent, Dr. Cogliano will refer you to the Advisory Board, its structure, function, Designated Federal Officer, TCE Review appropriate contact for the particular and composition, may be found on the Panel, USEPA Science Advisory Board issue of interest. The review document SAB Website (http://www.epa.gov/sab) (1400A), Suite 6450BB, 1200 which is the subject of this review is and in the Science Advisory Board Pennsylvania Avenue, NW, Washington, cited as follows: Trichloroethylene FY2001 Annual Staff Report which is DC 20460; telephone/voice mail at (202) Health Risk Assessment: Synthesis and available from the SAB Publications 564–4562; fax at (202) 501–0323; or via Characterization, Draft Report, Prepared Staff at (202) 564–4533 or via fax at e-mail at [email protected]. for the U.S. Environmental Protection (202) 501–0256. Requests for oral comments must be in Agency, Office of Research and Dated: May 16, 2002. writing (e-mail, fax or mail) and Development, EPA/600/P–01/002A A. Robert Flaak, received by Dr. Nugent no later than August 2001 External Review Draft. Acting Staff Director, EPA Science Advisory noon Eastern Time on the following Board. dates: for the June 5 teleconference call, Providing Oral or Written Comments at SAB Meetings [FR Doc. 02–12823 Filed 5–20–02; 8:45 am] requests must be received by May 29; BILLING CODE 6560–50–P for the June 18–19 face to face meeting, It is the policy of the EPA Science requests must be received by June 4; and Advisory Board to accept written public for the July 18 teleconference call, comments of any length, and to ENVIRONMENTAL PROTECTION requests must be received by July 11. accommodate oral public comments AGENCY The SAB will have a brief period (no whenever possible. The EPA Science more than 30 minutes) available during Advisory Board expects that public [FRL–7214–5] the Teleconference meetings for statements presented at its meetings will Proposed Settlement Agreement applicable public comment. At the not be repetitive of previously Teleconferences, the oral public submitted oral or written statements. AGENCY: Environmental Protection comment period will be limited to 30 Oral Comments: In general, each Agency (EPA). minutes divided among the speakers individual or group requesting an oral ACTION: Notice of Proposed Settlement who register. At the June 18–19th face presentation at a face-to-face meeting Agreement; request for public comment. to face meeting, the oral public will be limited to a total time of ten comment will be limited to ninety minutes (unless otherwise indicated). SUMMARY: In accordance with section minutes divided among the speakers For teleconference meetings, 113(g) of the Clean Air Act, as amended,
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42 U.S.C. 7413(g), notice is hereby given the State of California that the 34 local Dated: May 14, 2002. of a proposed settlement agreement in air districts covered by the December Alan W. Eckert, the following consolidated cases: Assoc. 2001 rule are not adequately Associate General Counsel, Air and Radiation of Irritated Residents, et al. v. U.S. EPA, administering or enforcing their part 70 Law Office. et al. No. 02–70160, Medical Alliance programs because the districts lack [FR Doc. 02–12708 Filed 5–20–02; 8:45 am] for Healthy Air, et al. v. Whitman, et al., adequate authority to issue permits to, BILLING CODE 6560–50–P No. 02–70177, Communities for a Better and assure compliance by, all major Environment v. U.S. EPA, No. 02–70191 agricultural sources required to have a (9th Circuit). These cases concern the permit under Title V of the Clean Air ENVIRONMENTAL PROTECTION AGENCY U.S. Environmental Protection Agency’s Act as a result of the exemption in (EPA) full approval of the part 70 section 42310 of the California Health [FRL–7213–8] operating permit programs in 34 air and Safety Code. The proposed districts in the State of California, settlement agreement also provides that Proposed Administrative Settlement published at 66 FR 63503 (December 7, no later than July 19, 2002, the Regional Under the Comprehensive 2001). The proposed settlement Administrator of EPA Region 9 shall Environmental Response, agreement was signed by the last party Compensation and Liability Act; sign and forward to the Office of the on May 14, 2002. Robesonia Mercury Spill Site Federal Register a Notice of Proposed DATES: Written comments on the AGENCY: proposed settlement agreement must be Rulemaking (‘‘NPRM’’) that will Environmental Protection received by June 20, 2002. propose, pursuant to 40 CFR Agency. 70.10(b)(2)(i), to partially withdraw ACTION: Notice; request for public ADDRESSES: Written comments should be sent to Carol S. Holmes, Air and approval of those portions of the 34 part comment. 70 programs that relate to major sources Radiation Law Office (2344A), Office of SUMMARY: using equipment involved in the In accordance with section General Counsel, U.S. Environmental 122(i)(1) of CERCLA, 42 U.S.C. growing of crops or raising of fowl or Protection Agency, 1200 Pennsylvania 9622(i)(1), notice is hereby given of a animals that would be subject to Title V Avenue, NW., Washington, DC 20460. A proposed administrative settlement copy of the proposed settlement but for the state agricultural exemption concerning the Robesonia Mercury Spill agreement is available on EPA’s Web (‘‘state-exempt agricultural sources’’). In Site, Robesonia, Berks County, Page at http://www.epa.gov/region09/ such NPRM, the Regional Administrator Pennsylvania. The administrative air. You may also obtain a copy from also shall propose that EPA will settlement was signed by the United Phyllis J. Cochran, (202) 564–7606. implement a partial federal operating States Environmental Protection SUPPLEMENTARY INFORMATION: permits program under 40 CFR part 71 Agency, Region III’s Acting Regional EPA granted full approval of the 34 (‘‘Part 71 program’’) for major state- Administrator on May 6, 2002, and is California part 70 operating permit exempt agricultural sources. A signed, subject to review by the public pursuant programs (also known as ‘‘title V’’ final rule must to sent to the Office of to this document. permit programs) on November 29, the Federal Register no later than The Environmental Protection Agency 2001. 66 FR 63503 (December 7, 2001). October 2, 2002. Finally, the proposed is proposing to enter into a settlement The following groups of petitioners filed settlement agreement sets forth pursuant to section 122(h) of the a timely petition for review: (1) application deadlines for sources Comprehensive Environmental Association of Irritated Residents (AIR) subject to the part 71 federal permit Response, Compensation, and Liability and Communities for Land, Air and program in the event the final rule Act of 1980, as amended, (CERCLA), 42 Water (CLAW); (2) Natural Resources implements such a program, as well as U.S.C. 9622(h). The proposed settlement Defense Council (NRDC), Sierra Club, the deadline for EPA to act on any such resolves EPA’s claim for past response Medical Alliance for Healthy Air; and part 71 permit applications. costs under section 107 of CERCLA, 42 (3) Citizens for a Better Environment U.S.C. 9607 against the UGI Corporation (CBE) and Our Children’s Earth For a period of thirty (30) days for response costs incurred at the Foundation (OCEF). Petitioners following the date of publication of this Robesonia Mercury Spill Site, challenged EPA’s action due to notice, EPA will receive written Robesonia, Berks County, Pennsylvania. California Health and Safety Code comments relating to the proposed The proposed settlement requires UGI section 42310(e), which provides in settlement agreement from persons who Corporation to pay $13,499.42 to the relevant part that ‘‘a permit shall not be were not named as parties or interveners EPA Hazardous Substance Fund. required for **** (e) any equipment to the litigation in question. EPA or the The UGI Corporation, as the Settling used in agricultural operations in the Department of Justice may withdraw or Party, has executed binding growing of crops or the raising of fowl withhold consent to the proposed certifications of its consent to or animals ***.’’ (Petitioners CBE settlement agreement if the comments participate in this settlement. UGI and OCEF made additional challenges disclose facts or considerations that Corporation has agreed to pay $13, to the Bay Area Air Quality indicate that such consent is 499.42 subject to the contingency that Management District part 70 program inappropriate, improper, inadequate, or the Environmental Protection Agency that are not a part of this proposed inconsistent with the requirements of may elect not to complete the settlement settlement agreement.) The parties the Act. Unless EPA or the Department based on matters brought to its attention engaged in settlement discussions and of Justice determine, based on any during the public comment period entered the Ninth Circuit Mediation comment which may be submitted, that established by this document. For thirty (30) days following the date Program. consent to the settlement agreement The proposed settlement agreement of publication of this notice, EPA will should be withdrawn, the terms of the provides that EPA will send a Notice of receive written comments relating to the Deficiency (NOD) for publication to the agreement will be affirmed. proposed settlement. EPA will consider Office of the Federal Register by May 15, all comments received and may 2002. Such NOD will provide notice to withdraw or withhold consent to the
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proposed settlement if such comments (OMB) to issue government-wide Section 515 of the Treasury and disclose facts or considerations which guidelines under sections 3504(d)(1) General Government Appropriations indicate the proposed settlement is and 3516 of Title 44, and require each Act for Fiscal Year 2001 (Public Law inappropriate, improper, or inadequate. Federal agency to issue agency-specific 106–554, hereinafter referred to as EPA’s response to any written guidelines, to ensure and maximize the Section 515) directs the Office of comments received will be available for quality, objectivity, utility, and integrity Management and Budget to issue public inspection at the U.S. of information, including statistical government-wide guidelines that Environmental Protection Agency, information, disseminated by the agency ‘‘provide policy and procedural Region III, 1650 Arch Street, and to establish administrative guidance to Federal agencies for Philadelphia, PA 19103. mechanisms allowing affected persons ensuring and maximizing the quality, DATES: Comments must be submitted on to seek and obtain correction of objectivity, utility, and integrity of or before June 20, 2002. information maintained and information (including statistical ADDRESSES: Comments should be disseminated by the agency that does information) disseminated by Federal addressed to the Docket Clerk, United not comply with such guidelines. Each agencies.’’ OMB has required agencies States Environmental Protection agency must also report periodically to to publish draft guidelines no later than Agency, Region III, 1650 Arch Street, the OMB director on the number, May 1, 2002. The Council on Philadelphia, Pennsylvania, 19103, and nature, and resolution of complaints Environmental Quality’s guidelines will should reference Robesonia Mercury received by the agency in regards to be published in the Federal Register Spill Site, Robesonia, Berks County, these requirements. The proposed and posted on the agency’s Web site at Pennsylvania, U.S. EPA Docket No. guidelines published below would www.whitehouse.gov/ceq. CERCLA 03–2002–0082. The proposed implement these requirements for the The following are CEQ’s ‘‘Proposed settlement agreement is available for Council on Environmental Quality. Guidelines for Ensuring and public inspection at the United States They are intended to comply with both Maximizing the Quality, Objectivity, Environmental Protection Agency, the statutory requirements noted above Utility, and Integrity of Information Region III, 1650 Arch Street, and the final guidelines published by Disseminated by the Council on Philadelphia, Pennsylvania, 19103. A OMB on February 22, 2002 (67 FR 36, Environmental Quality’’: copy of the proposed settlement at 8452). A. CEQ Will Ensure That All agreement can be obtained from DATES: Public comments must be Information It Disseminates to the Suzanne Canning, Regional Docket submitted by July 1, 2002. Public Meets All Applicable Standards Clerk (3RCOO) Environmental ADDRESSES: Please submit comments to of Quality, Including Objectivity, Utility Protection Agency, Region III, 1650 Dinah Bear, General Counsel of the and Integrity. CEQ Hereby Adopts This Arch Street, Philadelphia, Pennsylvania, Council on Environmental Quality, 722 Standard of Quality, as a Performance 19103, telephone number (215) 814– Jackson Place, NW., Washington, DC Goal, and Adopts the Following 2476. 20503. Comments can be emailed to Procedures for the Incorporation of FOR FURTHER INFORMATION CONTACT: [email protected]. Information Quality Criteria Into CEQ Charles Hayden, Senior Assistant Information Dissemination Activities Regional Counsel, United States FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency, Dinah Bear, General Counsel, Council 1. Objectivity and Utility of Information Office of Enforcement, Compliance, and on Environmental Quality, 722 Jackson As defined in Section C, below, Environmental Justice (3EC00) 1650 Place, NW., Washington, DC 20503. ‘‘objectivity’’ is a measure of whether Arch Street, Philadelphia, Pennsylvania, Telephone: (202) 395–7421. disseminated information is ‘‘accurate, 19103, telephone number (215) 814– SUPPLEMENTARY INFORMATION: The clear, complete, and unbiased;’’. 2668. Council on Environmental Quality ‘‘Utility’’ refers to the usefulness of the (CEQ) was established by Congress in information to its intended audience. James W. Newson, 1969 through passage of the National CEQ is committed to disseminating Acting Regional Administrator, Region III. Environmental Policy Act (NEPA), 42 reliable and useful information. Before [FR Doc. 02–12710 Filed 5–20–02; 8:45 am] U.S.C. 4321 et seq., and is an agency disseminating information, CEQ staff BILLING CODE 6560–50–P within the Executive Office of the and officials will ensure that the President (EOP). The Chairman of CEQ, information has been reviewed in an who is appointed by the President with information quality review process that COUNCIL ON ENVIRONMENTAL the advice and consent of the Senate, is proportional to the importance of the QUALITY serves as the principal environmental information. It is the primary policy adviser to the President. CEQ responsibility of the professional staff Proposed Guidelines for Ensuring and coordinates federal environmental person drafting information intended for Maximizing the Quality, Objectivity, efforts and works closely with agencies dissemination, or supervising the Utility, and Integrity of Information and other White House offices in the preparation of such information, to use AGENCY: Council on Environmental development of environmental policies the most knowledgeable and reliable Quality, Executive Office of the and initiatives. CEQ also oversees sources reasonably available to confirm President. federal agencies implementation of the objectivity and utility of such ACTION: Proposed Guidelines. NEPA through promulgation of information. regulations implementing the 2. Much of the information CEQ SUMMARY: This notice requests comment procedural provisions of NEPA (40 CFR disseminates consists of or is based on on proposed guidelines implementing 1500–1508) and through interpretation information submitted to CEQ by other Section 515 of the Treasury and General of statutory requirements. CEQ also has Federal agencies. Prior to dissemination Government Appropriations Act for a variety of other responsibilities under of such information, responsible CEQ Fiscal Year 2002 (Public Law 106–554; NEPA, the Environmental Quality staff will obtain a written statement H.R. 5658). Section 515 directs the Improvement Act of 1970 and other from the agency submitting the Office of Management and Budget statutes. information attesting that the
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information meets the agency of origin’s comprehensive and informative. CEQ which the normal application of information quality guidelines. will also determine whether peer review information quality standards will 3. In seeking to assure the would be appropriate and, if necessary, resume. ‘‘objectivity’’ and ‘‘utility’’ of the coordinate such review. Further, CEQ B. Administrative Process for information it disseminates, CEQ will will provide sufficient information Correction of Information generally follow the basic clearance about such methods as related to process established internally by the influential information that a qualified 1. Any person who is affected by Chief of Staff and, where appropriate, member of the public could reproduce information disseminated by CEQ that the government-wide clearance process the analysis, subject to an acceptable he or she believes does not comply with coordinated by OMB. Where degree of imprecision and subject to these guidelines may seek correction of appropriate, substantive input will be ethical, feasibility and confidentiality that information by submitting a request sought from within CEQ, other offices constraints. for correction to CEQ within 90 days of within the EOP, other government 6. CEQ will disseminate information CEQ’s dissemination of the information. agencies, non-government only after appropriate internal 2. Any request for correction must be organizations, and the public. When clearances are obtained from the Office submitted by mail to the Deputy General CEQ determines that the transparency of of the General Counsel and the Chief of Counsel, CEQ, 722 Jackson Place, NW., information is relevant for assessing the Staff. Washington, DC 20503 or via electronic information’s usefulness from the 7. ‘‘Integrity’’ refers to be protection of mail at [email protected]. perspective of the users of the information from unauthorized, The request for correction should be as information, including the public, CEQ unanticipated, or unintentional specific as possible regarding the shall ensure that transparency has been modification, thus preventing information that is the subject of the appropriately addressed and provided. information from being compromised by concern and the reason(s) for the In determining the appropriate level of corruption of falsification. Within the concern. Affected persons shall clearly transparency, CEQ should consider the EOP, the Office of Administration has indicate that the communication is a types of data that can practicably be substantial responsibility for ensuring ‘‘Request for Correction’’ under Section subjected to a reproducibility the ‘‘integrity’’ of information as defined 515 of the Treasury and General requirement given ethical, feasibility, in these guidelines. CEQ also has an Government Appropriation Act for and confidentiality constraints. Administrative Officer that coordinates Fiscal Year 2001. Persons should 4. The CEQ staff member or official and works with the EOP Office of specify the information that is being responsible for the dissemination of Administration to ensure the integrity of contested, the aspect of the information information should generally take the information. These offices implement that needs to be corrected, explain how following basic steps to assure the and maintain new computer software they are affected by the information, ‘‘objectivity’’ and ‘‘utility’’ of the and hardware systems and provide how the information identified does not information to be disseminated: operational support for systems and comply with applicable information a. Preparing a draft of the document system users. quality guidelines, and what corrective after consulting the necessary parties, 8. Computer security is the action is sought. Persons should provide including government and non- responsibility of the EOP Office of all supporting information necessary for government sources, as appropriate; Administration’s Chief Information, CEQ to correct the information. CEQ b. Determining necessary clearance Information Assurance Directorate. This may decline to respond to requests that points; Office oversees all matters relating to appear to be frivolous and/or c. Determining where the final information integrity, including the duplicative. decision shall be made; design and implementation of the 3. CEQ will respond to any request d. Determining whether peer review security architecture for the EOP, within 60 days of receipt of the request would be appropriate and, if necessary, periodic audits of security architecture in accordance with paragraph C.1, and coordinating such review; components, and review and approval may at that time provide an initial e. Obtain clearances; and of changes to the technical baseline. response that additional time is f. Overcoming delays and, if 9. As an agency under the EOP, CEQ necessary to consider the request, to necessary, presenting the matter to is an integral part of the overall EOP consult with the source of the higher authority. network, and is an active participant in information or other agencies, or to 5. For information regarding risks to all aspects of information integrity at obtain additional information from the human health, safety and the EOP. CEQ adheres to both law and OMB requestor or the public. If CEQ finds that environment and information that CEQ IT security policies, along with EOP additional time is necessary, CEQ shall determines is ‘‘influential’’ as defined in security policies and operational seek a mutually agreed-upon extension Section D(3) of these guidelines, CEQ processes for the protection of data and of time and, if agreement is not adapts the standards set forth by information. obtained, shall include in its initial Congress in the Safe Drinking Water Act 10. Information quality standards response a deadline for a final CEQ Amendments of 1996 (42 U.S.C. 300g– applicable to the dissemination of response based upon the factors that 1(b)(3)(A) & (B) to CEQ’s information information by CEQ may be waived require additional time. quality review process. Thus, CEQ will temporarily by the Chair of CEQ, the 4. CEQ’s final response will set forth use the ‘‘best available, peer-reviewed General Counsel, the Chief of Staff, or whether CEQ agrees or disagrees with science and supporting studies his/her designee in urgent situations the concern expressed and, if it believes conducted in accordance with sound (e.g., imminent threats to public health, that concern has validity, how CEQ will and objective scientific practices’’, and homeland security, or of significant correct the information or otherwise ‘‘data collected by the accepted methods environmental impact) to the extent address the concern. Subject to or best available methods (if the necessary to respond to the urgent applicable law, rules and regulations, reliability of the method and the nature situation. Any waiver shall provide for CEQ may take corrective measures of the decision justifies use of the public notice, to the extent practicable through any appropriate and effective data).’’ Such information shall be under the circumstances of the waiver, means, including personal contacts via presented in a manner that is and a determination of the point at letter or telephone, form letters, press
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releases, or postings on the CEQ Web substantial impact on important public including background information site to correct a widely disseminated policies or important private sector where warranted by the circumstances. error or address a frequently raised decisions. 7. ‘‘Person’’ means an individual, request. Corrective measures, where 4. ‘‘Information,’’ for purposes of partnership, association, corporation, appropriate, should be designed to these guidelines, means any business trust, or legal representative, provide reasonable notice to affected communication or representation of an organized group of individuals, a persons of such correction. facts or data, in any medium or form, regional, national, State, territorial, 5. If CEQ responds that the including textual, numerical, graphic, tribal, or local government or branch information meets the requirements of cartographic, narrative, or audiovisual thereof, or a political subdivision of a the applicable guidelines and no forms. This definition does not include: State, territory, tribal, or local correction is needed, the affected person a. Opinions, where the presentation government or a branch of a political may request reconsideration of the makes clear that the statements are subdivision, or an international response from the CEQ General Counsel subjective opinions, rather than facts; organization; within 60 days of receipt of the however, any underlying information 8. ‘‘Quality’’ encompasses ‘‘utility’’, response. Such a request for disseminated by CEQ upon which the ‘‘objectivity’’, and ‘‘integrity’’. Thus, the reconsideration shall clearly indicate opinion is based may be subject to these government-wide guidelines and CEQ’s that the communication is a ‘‘Request guidelines; guidelines may refer to these four for Reconsideration’’ under Section 515 b. Information originated by, and statutory terms, collectively, as of the Treasury and General attributed to, non-CEQ sources, ‘‘quality’’. Government Appropriations Act for provided CEQ does not expressly rely 9. ‘‘Utility’’ refers to the usefulness of Fiscal Year 2001 and set forth, as upon it. Examples include: non-U.S. the information to its intended users, specifically as possible, the reasons for Government information reported and including the public. the affected person’s disagreement with duly attributed in materials prepared Dated: May 15, 2002. CEQ’s response. The request for and disseminated by CEQ; hyperlinks James L. Connaughton, reconsideration should be mailed to the on CEQ’s Web site to information that CEQ General Counsel, 722 Jackson Chairman, Council on Environmental others disseminate; and reports of Quality. Place, NW., Washington, DC 20503 or advisory committees published on [FR Doc. 02–12643 Filed 5–20–02; 8:45 am] e-mailed to CEQ’s Web site; [email protected].. CEQ c. Statements related solely to the BILLING CODE 3125–01–M will respond to any such request for internal personnel rules and practices of reconsideration within 60 days of CEQ and other materials produced for receipt of the request. CEQ employees, contractors, agents, FEDERAL COMMUNICATIONS COMMISSION C. Definitions volunteers or alumni; d. Descriptions of the agency, its 1. ‘‘Affected’’ persons are those who Notice of Public Information responsibilities and its organizational Collection(s) Being Reviewed by the use, or may benefit from or be harmed components; by, the disseminated information. Federal Communications Commission, e. Statements, the modification of Comments Requested 2. ‘‘Dissemination’’ means agency- which might cause harm to the national initiated or sponsored distribution of security, including harm to the national May 13, 2002. information to the public, whether in defense or foreign relations of the SUMMARY: The Federal Communications written, electronic, or audiovisual form. United States; Commission, as part of its continuing Dissemination does not include f. Statements of Administration effort to reduce paperwork burden distribution of information or materials policy; however, any underlying invites the general public and other that are: information disseminated by CEQ upon a. Intended for government employees Federal agencies to take this which a statement is based may be or agency contractors, consultants or opportunity to comment on the subject to these guidelines; volunteers; following information collection(s), as b. Intended for U.S. government g. Testimony or comments of CEQ required by the Paperwork Reduction agencies; officials before Congress, courts, Act of 1995, Public Law 104–13. An c. Produced in response to requests administrative bodies, or the media; agency may not conduct or sponsor a for agency records under the Freedom of h. Investigatory material compiled collection of information unless it Information Act, the Privacy Act, the pursuant to U.S. law or for law displays a currently valid control Federal Advisory Committee Act or enforcement purposes in the United number. No person shall be subject to similar law, or requests from Congress States; or any penalty for failing to comply with or other government officials; i. Statements which are, or which a collection of information subject to the d. Correspondence or other reasonably may be expected to become, Paperwork Reduction Act (PRA) that communication limited to individuals the subject of litigation, whether before does not display a valid control number. or to other persons within the meaning a U.S. or foreign court, or in a dispute Comments are requested concerning (a) of ‘‘person’’ as forth in paragraph 7, resolution proceeding. whether the proposed collection of below; 5. ‘‘Integrity’’ refers to the security of information is necessary for the proper e. Archival records; information—protection of the performance of the functions of the f. Responses to subpoenas or other information from unauthorized access Commission, including whether the compulsory document productions; or revision, to prevent the information information shall have practical utility; g. Documents prepared for from being compromised through (b) the accuracy of the Commission’s adjudicative proceedings. corruption or falsification. burden estimate; (c) ways to enhance 3. ‘‘Influential’’ when used in the 6. ‘‘Objectivity’’ addresses whether the quality, utility, and clarity of the phrase ‘‘influential information’’ refer to disseminated information is being information collected; and (d) ways to disseminated information that CEQ presented in an accurate, clear, minimize the burden of the collection of determines will have a clear and complete, and unbiased manner, information on the respondents,
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including the use of automated ensure that broadcast stations are amended, requires that almost all collection techniques or other forms of addressing issues concerning the telephones manufactured in or imported information technology. community to which it is licensed to into this country after August 16, 1989 DATES: Written comments should be serve and to ensure that radio stations be hearing aid compatible. Refurbished, submitted on or before July 22, 2002. If entering into time brokerage agreements repaired or resold telephones, you anticipate that you will be comply with Commission policies telephones used with public and private submitting comments, but find it pertaining to licensee control and to the mobile radio services, and secure difficult to do so within the period of Communications Act and the antitrust telephones used for classified time allowed by this notice, you should laws. Broadcasters are required to send communications are exempt. The advise the contact listed below as soon each cable operator in the station’s Hearing Aid Compatibility (HAC) Act as possible. market a copy of the election statement provides a three-year grace period for ADDRESSES: Direct all comments to applicable to that particular cable cordless telephones before they must Judith Boley Herman or Leslie Smith, operator. Placing these retransmission comply with the requirement. Congress Federal Communications Commission, consent/must-carry elections in the recognized, however, that there may be Room 1–C804 or Room 1–A804, 445 public file provide public access to technological and/or economical 12th Street, SW., Washington, DC 20554 documentation of station’s elections reasons some new telephones may not or via the Internet to [email protected] or which are used by cable operators in meet the hearing aid compatibility [email protected]. negotiations with television stations and requirement. Therefore, it provided for by the public to ascertain why some a waiver requirement for new FOR FURTHER INFORMATION CONTACT: For stations are/are not carried by the cable telephones based on technological and additional information or copies of the systems. economical grounds. Telephone information collection(s), contact Judith manufacturers seeking a waiver of 47 Boley Herman at 202–418–0214 or via Federal Communications Commission. CFR 68.4 which requires that certain the Internet at [email protected]. Marlene H. Dortch, telephones be hearing aid compatible SUPPLEMENTARY INFORMATION: OMB Secretary. must demonstrate that compliance with Control No.: 3060–0214. [FR Doc. 02–12668 Filed 5–20–02; 8:45 am] the rule is technologically infeasible or Title: Section 73.3526, Local Public BILLING CODE 6712–01–P too costly. 47 CFR 68.5 provides the Inspection File of Commercial Stations. criteria to be used to assess waivers. Form No.: N/A. Applicants seeking waivers must submit Type of Review: Extension of a FEDERAL COMMUNICATIONS sufficient information for the currently approved collection. COMMISSION Commission to make an informed Respondents: Business or other for- decision. Information is used by FCC profit. Public Information Collections Number of Respondents: 10,780 Approved by Office of Management staff to determine whether to grant or commercial radio licensee and Budget dismiss the request. Obligation to recordkeepers; 1,310 commercial TV respond: Required to obtain or retain licensee recordkeepers; 1,310 May 16, 2002. benefits. The Federal Communications commercial TV stations making must- OMB Control No.: 3060–00992 Commission (FCC) has received Office carry/retransmission consent elections. of Management and Budget (OMB) Expiration Date: 12/31/2004. Estimated Time Per Response: 104 Title: Request for Extension of the ours per year for radio recordkeeping; approval for the following public information collections pursuant to the Implementation Deadline for Non- 130 hours per year for TV Recurring Services, CC Docket No. recordkeeping; 5 hours per election Paperwork Reduction Act of 1995, Public Law 104–13. An agency may not 96–45 (FCC 01–195) and 47 CFR statement per TV station. 54.507(d)(1)–(4). Frequency of Response: conduct or sponsor and a person is not required to respond to a collection of Form No.: N/A. Recordkeeping requirement and third Respondents: Not-for-profit party disclosure requirement. information unless it displays a currently valid control number. For institutions; Business or other for-profit. Total Annual Burden: 1,356,920 Estimated Annual Burden: 850 further information contact Marie Moyd, hours. respondents; 1 per response (avg.); 850 Federal Communications Commission, Total Annual Cost: N/A. total annual burden hours (for all (202) 418–2111. Needs and Uses: Section 73.3526 collections under this control number). requires that each licensee/permittee of Federal Communications Commission Estimated Annual Reporting and a commercial broadcast station maintain Recordkeeping Cost Burden: $0. a file for public inspection. The contents OMB Control No.: 3060–0422. Expiration Date: 10/31/2004. Frequency of Response: On occasion; of the file vary according to type of Title: Section 68.5, Waivers Third Party Disclosure. service and status. The contents (Application for Waiver of Hearing Aid Description: 47 CFR 54.507(d) include, but are not limited to, copies of Compatibility Requirements). provides additional time for recipients certain applications tendered for filing, Form No.: N/A. under the schools and libraries a statement concerning petitions to deny Respondents: Business or other for- universal service support mechanism to filed against such applications, copies of profit. implement contracts or agreements with ownership reports and annual Estimated Annual Burden: 30 service providers for non-recurring employment reports, statements respondents; 3 per response (avg.); 30 services. 47 CFR 54.407(d) extends the certifying compliance with filing total annual burden hours (for all deadline for receipt of non-recurring announcements in connection with collections under this control number). services from 6/30 to 9/30 following the renewal applications, letters received Estimated Annual Reporting and close of the funding year. 47 CFR from members of the public, etc. The Recordkeeping Cost Burden: $0. 54.507(d) establishes a deadline for the data are used by the public and FCC to Frequency of Response: On occasion. implementation of non-recurring evaluate information about the Description: Section 710(b) of the services for certain qualified applicants broadcast licensee’s performance, to Communications Act of 1934, as who are unable to complete
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implementation by the September 30 operating environments of rural carriers. chooses this path would file a deadline. The rule provides schools and Recognizing that a disaggregation and disaggregation plan with the state libraries with more time to install non- targeting system must meet the unique commission, or other appropriate recurring services. The information will regulatory and competitive regulatory authority. Carriers selecting be used by the Commission to environments in each state, the Rural Path 2 must submit a copy to USAC of determine whether schools and libraries Task Force recommended a the Order approving the disaggregation qualify for additional time to implement disaggregation system consisting of plan submitted by the carriers to the non-recurring services. Obligation to three paths. a. Election of Disaggregation state commission or appropriate respond: Required to obtain or retain Plan and Change in Path: Carriers are regulatory authority and a copy of the benefits. required to elect one of three paths disaggregation plan approved by the OMB Control No.: 3060–0986 within 270 days of the effective date of state commission or appropriate the Order implementing rural high-cost regulatory authority. See 47 CFR Expiration Date: 01/31/2005. reform through a submission to the state 54.315(c), (e), and (f). (No. of Title: Federal-State Joint Board on commission. Rural carriers not subject respondents: 873; hours per response: Universal Service ‘‘ Plan for Reforming to the jurisdiction of the state are .666 hours; total annual burden: 582 the Rural Universal Service Support required to make such submission to the hours). 3. Path 3. Self-Certification of Mechanism, CC Docket No. 96–45. Form No.: N/A. Commission. Carriers failing to do so the Disaggregation and Targeting of Respondents: Business or other will not be permitted to disaggregate Support: The Commission adopts the for-profit; State, Local or Tribal and target support unless ordered to do Path Three self-certification process that Government. so by a state commission or other permits carriers to choose (1) a Estimated Annual Burden: 7099 appropriate regulatory authority either disaggregation plan of up to two cost respondents; .81 per response (avg.); on its own motion or in response to a zones per wire center, or (2) a 5770 total annual burden hours (for all request by an interested party. See 47 disaggregation plan that complies with collections under this control number). CFR 54.315(a). (Number of respondents: a prior regulatory determination. A Estimated Annual Reporting and 1300; hours per response: .5 hours; total carrier must provide, among other Recordkeeping Cost Burden: $0. annual burden: 650 hours). b. things, the state and USAC with a Frequency of Response: On occasion; Notification of Disaggregation description of the rationale used to Quarterly; Annually; One-time; Third Methodology: 1. Path One: Carriers Not disaggregate support, including the Party Disclosure. Disaggregating and Targeting High-Cost methods and data and a discussion of Description: In the Fourteenth Report Support. Path One provides that a how the plan complies with the self- and Order, Twenty-Second Order on carrier may choose not to disaggregate. certification guidelines. In addition, if Reconsideration in CC Docket No. 96–45 This Path is intended to address those the plan uses a benchmark, it must be and Report and Order in CC Docket No. instances where a carrier determines generally consistent with how the total 00–256, released May 23, 2001 (FCC that given the demographics, cost study area level of support for each 01–157), consistent with the characteristics, and location of its category of costs (high-cost loop recommendation of the Federal-State service territory, and the lack of a support, LSS and LTS) is derived, to Joint Board on Universal Service (Joint realistic prospect of competition, that enable a competitor to compare the Board), the Commission adopts rules for disaggregation is not economically disaggregated costs used to determine determining high-cost universal service rational. A carrier must certify to the support for each zone. See 47 CFR support for rural telephone companies state commission, or other appropriate 54.315(d), (e) and (f). (No. of for the next five years based upon the regulatory authority, that it does not respondents: 873; hours per response: proposals made by the Rural Task Force. want to disaggregate support. Carriers .666 hours; total annual burden: 582 The Commission also addresses certain electing Path One must submit to USAC hours). c. Reporting Working Loops at proposals made by the Multi- a copy of the certification of the state Cost-Zone Level: Rural carriers that Association Group (MAG) for reforming commission or appropriate regulatory elect to disaggregate and target per-line universal services rules applicable to authority certifying that it will not support under either Path Two or Three rural carriers. As part of its proposal to disaggregate and target support. See 47 are required to report loops at the cost- reform the Federal universal service CFR 54.315(b). (No. of respondents: 500; zone level. If there is no competition in support mechanism for rural carriers, hours per response: .5 hours; total the service area the carrier is required to the Rural Task Force proposed that rural annual burden: 250 hours).2. Path 2: file annually. If competition exists in carriers be permitted to depart from Carriers Seeking Prior Regulatory the service area than the carrier is study area averaging and instead Approval for the Disaggregation and required to file quarterly. See 47 CFR disaggregate and target per-line high- Targeting of Support. Path Two 54.307(b) and (c). (No. of respondents: cost universal service support, provides that a carrier may seek 864 filing annually; 9 filing quarterly; including high-cost loop support, LTS, approval of its disaggregation and hours per response: 2 hours; total and LSS, into geographic areas below targeting plan from the appropriate annual burden: 1746 hours). d. State the study area level. The Rural Task regulatory authority. Because there are Certification Letter Under 254(e): The Force concluded that the disaggregation no constraints on disaggregation and Commission also concludes that states and targeting of support is necessary to targeting proposals under this path, for should be required to file annual eliminate the economic distortions that example a carrier could disaggregate certifications with the Commission to may result from the delivery of support and target support to multiple levels ensure that carriers use universal on a uniform per-line basis under the below a wire center, a disaggregation service support ‘‘only for the provision, current mechanism. At the same time, and targeting method can be tailored maintenance and upgrading of facilities however, the Rural Task Force stated with precision, subject to state approval, and services for which the support is that rural carriers need flexibility in the to the cost and geographic intended’’ consistent with section manner in which support is characteristics of the carrier and the 254(e). The Commission concludes that disaggregated and targeted in light of the competitive and regulatory environment the mandate in section 254(e) applies to widely varying characteristics and in which it operates. A carrier that all carriers, rural and non-rural, that are
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designated as eligible to receive support carrier has not been designated. See 47 mechanism, rural carriers shall also under section 214(e) of the Act. States CFR 36.611 and 36.612. To ensure that provide written notice to USAC of when that wish to receive federal universal the interval between the submission of their index year has been established for service high-cost support for rural data and receipt of support is as short purposes of calculating eligibility for carriers within their boundaries to file a as possible in rural carrier study areas, safety valve support. See 47 CFR 54.305 certification with the Commission and the Commission clarifies that (f). (No. of respondents: 1300; hours per USAC stating that all federal high-cost competitive eligible response: .5 hours; total annual burden: funds flowing to rural carriers in that telecommunications carriers may 650 hours). The Commission will use state will be used in a manner submit initial line count data and the information requirements to consistent with section 254(e). The receive support on a regular quarterly determine whether and to what extent Commission recognizes that some state basis under section 54.307(c). Rural rural telecommunications carriers commissions may have only limited telephone companies that incorporate providing the data are eligible to receive regulatory oversight to ensure that acquired exchanges into existing study universal service support. Obligation to federal support is reflected in intrastate areas should exclude the costs respond: Required to obtain or retain rates. In the case of non-rural carriers, associated with the acquired exchanges benefits. the Commission concluded that states from the cost associated with the pre- OMB Control No.: 3060–0149 nonetheless may certify to the acquisition study areas in annual Expiration Date: 01/31/2005. Title: Application and Supplemental Commission that a non-rural carrier in universal service data a submissions Information Requirements—Part 63, the state had accounted to the state used to determine eligibility for high- Section 214, Sections 63.01 –63.601. commission for its receipt of federal cost loop supports. Acquiring rural Form No.: N/A. support, and that such support will be carriers shall separately provide the Respondents: Business or other for- used ‘‘only for the provision, information listed in section 47 CFR profit. maintenance and upgrading of facilities section 36.611 for both acquired and Estimated Annual Burden: 35 and services for which the support is existing exchanges, as if these two respondents; 5 per response (avg.); 175 intended.’’ The Commission determined categories of exchanges constitute total annual burden hours (for all that, in states in which the state separate study areas. See 47 CFR section collections under this control number). commission has limited jurisdiction 36.611. (No. of respondents: 20; hours Estimated Annual Reporting and over such carriers, the state need not per response: 24 hours; total annual Recordkeeping Cost Burden: $0. initiate the certification process itself. burden: 480 hours). f. Safety Net Frequency of Response: On occasion; Instead, non-rural local exchange Additive: Safety net additive support Third Party Disclosure. carriers, and competitive eligible would only be available in years in Description: Section 214 of the telecommunications carriers serving which support levels would otherwise Communications Act of 1934, as lines in the service area of the non-rural exceed the new indexed cap on the amended, 47 U.S.C. 214, requires that a local exchange carriers, may formulate high-cost loop support fund. To receive carrier must first obtain FCC plans to ensure compliance with section such support in a particular study area, authorization either to (1) construct, 254(e), and present those plans to the a carrier would need to show that operate, or engage in transmission over state, so that the state may make the growth in telecommunications plant in a line of communication, or (2) appropriate certification to the service (TPIS) per line is at least 14 discontinue, reduce, or impair service Commission. Absent the filing of such percent greater than the study area’s over a line of communication. Part 63 of certification, carriers will not receive TPIS per line in the prior year, or the title 47 of the CFR implements section support. See 47 CFR 54.313(b) and ‘‘base year.’’ Any study area that 214. Part 63 also implements provisions 54.314. (No. of respondents: 60 initially qualifies for safety net additive of the Cable Communications Policy Act respondents; hours per response: 3 support would also qualify for such of 1984 pertaining to video hours; total annual burden: 180 hours). support in each of the four succeeding programming by telephone common e. Support in Competitive Study Areas: years if the cap is again triggered, carriers. In the Report and Order for Under our existing rules, rural carriers regardless of whether the study area Implementation of Section 402(b)(2)(A) and their competitors currently are meets the 14 percent criterion in the of the Telecommunications Act of 1996 required to file line count data annually, succeeding years. Carriers must provide (214 Streamlining Order), released on and may file quarterly updates on a written notice to the Commission and June 30, 1999, the Commission modified voluntary basis. Quarterly updates are USAC in conjunction with their annual part 63 to eliminate information required in non-rural carrier study or quarterly submissions to NECA submission requirements entirely for areas. Under the current rules, if an indicating that a study area meets the 14 some categories of communications incumbent rural carrier does not update percent TPIS trigger. If a carrier should carriers and to reduce the submission its line count data but its competitor fail to provide written notification to the requirements for other categories. does, the competitor’s more recent data Commission and USAC, the study area Among other things, carrier filing may include lines captured from the that otherwise would have qualified for requirements in the following area were incumbent since the incumbent’s last safety net additive will not be eligible. either reduced, altered, or entirely filing. Thus the incumbent may See 47 CFR 36.605(c)(2). (No. of eliminated: (1) entry certification for continue to receive support for the year respondents: 1300; hours per response: common carriers; (2) applications for based on an overstated number of lines. .5 hours; total annual burden: 650 line extensions; (3) reports identifying To prevent an overpayment of support, hours). g. Safety Valve: Once relevant proposed small projects; (4) applications the Commission requires the filing of regulatory approvals are obtained and for new lines; and (5) applications for line count data on a regular quarterly the transaction is closed, the rural exit from the market. By making these basis upon competitive entry in rural carrier shall provide written notice to revisions, the Commission substantially carrier study areas. The Commission USAC that they have acquired access reduced the amount of time carriers had emphasizes that this requirement will lines that may become eligible for safety to spend in order to fully comply with not apply in rural carrier study areas in value support. In order to assist USAC Part 63’s requirements. The Commission which an eligible telecommunications in the administration of the safety valve also entirely eliminated the requirement
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for line extensions because Congress collection of information unless it only’’ phone, which do not have dial- exempted such ‘‘extensions’’ from the displays a currently valid control able numbers. To advise the public and requirements of 47 U.S.C. 214, under number. No person shall be subject to emergency workers of this limitation Section 402(b)(2)(A) of the Act. any penalty for failing to comply with and to thus advise them using such Furthermore, the Commission a collection of information subject to the phones in emergency situations to eliminated reporting requirements by Paperwork Reduction Act (PRA) that provide as much critical information, domestic non-dominant carriers, small does not display a valid control number. particularly regarding location, the carriers, and carriers proposing small Comments are requested concerning (a) Commission adopted labeling, software projects because Congress enacted whether the proposed collection of modification, and public education section 214 to prevent unnecessary information is necessary for the proper requirements. duplication of facilities that could result performance of the functions of the Federal Communications Commission. in increased rates being imposed on Commission, including whether the Marlene H. Dortch, captive telephone ratepayers. Moreover, information shall have practical utility; Secretary. the Commission reduced, but did not (b) the accuracy of the Commission’s entirely eliminate, submission burden estimate; (c) ways to enhance [FR Doc. 02–12669 Filed 5–20–02; 8:45 am] requirements for domestic dominant the quality, utility, and clarity of the BILLING CODE 6712–01–P rate-of-return carriers in applications for information collected; and (d) ways to ‘‘new’’ lines because the information minimize the burden of the collection of FEDERAL COMMUNICATIONS was either collected elsewhere, was information on the respondents, COMMISSION found to be unnecessary and/or including the use of automated confusing in light of the provisions of collection techniques or other forms of [Report No. 2553] section 402(b)(2)(A), or was no longer of information technology. decisional significance to the DATES: Written comments should be Petitions for Reconsideration of Action Commission. The Commission submitted on or before June 20, 2002. If in Rulemaking Proceedings significantly streamlined the carrier exit you anticipate that you will be May 15, 2002. procedures this process because of its submitting comments, but find it desire to eliminate unnecessary barriers Petitions for Reconsideration have difficult to do so within the period of been filed in the Commission’s to carriers wanting to exit the market. time allowed by this notice, you should See 47 CFR part 63. The Commission rulemaking proceedings listed in this advise the contact listed below as soon Public Notice and published pursuant to will use the information to determine if as possible. affected respondents are in compliance 47 CFR 1.429(e). The full text of this with its rules and the requirements of ADDRESSES: Direct all comments to document is available for viewing and Section 214 of the Communications Act Judith Boley Herman, Federal copying in Room CY–A257, 445 12th of 1934, as amended. Obligation to Communications Commission, Room Street, SW., Washington, DC or may be respond: Required to obtain or retain 1-C804, 445 12th Street, SW, DC 20554 purchased from the Commission’s copy benefits. or via the Internet to [email protected]. contractor, Qualex International (202) Public reporting burden for the FOR FURTHER INFORMATION CONTACT: For 863–2893. Oppositions to these collections of information are as noted additional information or copies of the petitions must be filed by June 5, 2002. above. Send comments regarding the information collection(s), contact Judith See Section 1.4(b)(1) of the burden estimates or any other aspect of Boley Herman at 202–418–0214 or via Commission’s rules (47 CFR 1.4(b)(1)). the collections of information, including the Internet at [email protected]. Replies to an opposition must be filed suggestions for reducing the burden to SUPPLEMENTARY INFORMATION: within 10 days after the time for filing Performance Evaluation and Records OMB Control No.: 3060–0987. oppositions has expired. Management, Washington, DC 20554. Title: 911 Callback Capability: Non- Subject: Implementation of the pay Federal Communications Commission. initialized Phones. telephone reclassification and Marlene Dortch, Form No.: N/A. compensation provision’s of the Type of Review: Revision of a Secretary. Telecommunications Act of 1996 (CC currently approved collection. Docket No. 96–128), Amendment of FM [FR Doc. 02–12726 Filed 5–20–02; 8:45 am] Respondents: Business or other for- Table of Allotments (MM Docket No. BILLING CODE 6712–01–P profit, state, local or tribal government. 01–120, RM–10126). Number of Respondents: 3,137. Number of Petitions Filed: 3. Estimated Time Per Response: .50–2 FEDERAL COMMUNICATIONS hours (average). Marlene H. Dortch, COMMISSION Frequency of Response: Third party Secretary. Notice of Public Information disclosure requirement, and other one- [FR Doc. 02–12667 Filed 5–20–02; 8:45 am] Collection(s) Being Reviewed by the time requirements. BILLING CODE 6712–01–M Federal Communications Commission Total Annual Burden: 4,481 hours. Total Annual Cost: $661,125. May 13, 2002. Needs and Uses: The Report and FEDERAL MEDIATION AND SUMMARY: The Federal Communications Order in CC Docket No. 94–102, FCC CONCILIATION SERVICE Commission, as part of its continuing 02–120, released April 29, 2002, effort to reduce paperwork burden imposes requirements on wireless and Proposed Agency Information invites the general public and other wireline carriers and equipment Collection Activities; Comment Federal agencies to take this manufacturers aimed at responding to Request opportunity to comment on the the problem of the inability of following information collection(s), as emergency workers and the public to AGENCY: Federal Mediation and required by the Paperwork Reduction contact for further critical information a Conciliation Service. Act of 1995, Public Law 104–13. An 911 caller may be using a non- ACTION: Notice of Forms SF–424, SF– agency may not conduct or sponsor a initialized wireless telephone or a ‘‘911- 270 (LM–6), (LM–8), SF–269a (LM–7),
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(LM–9), and (LM–3) submitted for an comments will be available for System and Financial Capability emergency extension and review to the inspection in Room 211 at the Questionnaire 60 minutes. Office of Management and Budget. Washington, DC address above from Abstract: Except for the FMCS Forms 8:30 a.m. to 4:30 p.m., Monday through LM–3 and LM–9, the forms under SUMMARY: This notice announces that Friday, excluding legal holidays. six information collection requests consideration herein are either required contained in the Federal Mediation and FOR FURTHER INFORMATION CONTACT: Jane or recommended in OMB Circulars. The Conciliation Service (FMCS) agency A. Lorber, Director, Labor Management two exceptions are non-recurring forms, forms are coming up for renewal. FMCS Grants Program or Linda E. Stubbs, the former a questionnaire sent only to submitted to the Office of Management Grants Management Specialist, FMCS non-governmental potential grantees and Budget (OMB) a request for an 2100 K Street, NW., Washington, DC and the latter a questionnaire sent only emergency review of six FMCS forms: 20427. Telephone (202) 606–8181; Fax: to former grantees for voluntary SF–424 Application for Federal (202) 606–3434. completion and submission. Assistance, SF–270 (LM–6)—Request for SUPPLEMENTARY INFORMATION: Copies of The collected information is used by Advance or Reimbursement, (LM–8)— each of the agency forms are available FMCS to determine annual applicant Project Performance, SF–269 (LM–7)— from the Labor-Management Grants suitability, to monitor quarterly grant Financial Status Report, (LM–9)—FMCS Program, by calling, faxing, or writing, project status, and for on-going program Grants Program Grantee Evaluation Ms. Linda Stubbs at the above address. evaluation. If the information were not Questionnaire, and (LM–3)— Please ask for the form by title and collected, there could be no accounting Accounting System and Financial agency form number. for the activities of the program. Actual Capability Questionnaire. The request use has been the same as intended use. seeks OMB approval for a three-year I. Information Collection Requests expiration date of Forms SF–424, SF– FMCS is seeking comments on the II. Request for Comments 269a (LM–6), (LM–8), SF–270a (LM–7), following information collection FMCS solicits comments to: (LM–9) and (LM–3) until December 31, requests contained in FMCS agency 2004. FMCS is soliciting comments on forms. (i) Evaluate whether the proposed collection of information is necessary specific aspects of the collection as Agency: Federal Mediation and for the appropriate performance of the described below. Conciliation Service. functions of the agency, including DATES: Comments must be submitted on Form Number: OMB No. 3076–0006. or before June 24, 2002. whether the information will have Type of Request: Emergency practical utility. ADDRESSES: Submit written comments Extension of Expiration date of a identified by the appropriate agency currently approved collection without (ii) Evaluate the accuracy of the form number by mail to the Office of any change in the substance or method agency’s estimates of the burden of the Information and Regulatory Affairs of of collection. proposed collection of information. Office of Management and Budget, Attn: Affected Entities: Potential (iii) Enhance the quality, utility, and Desk Office for the Federal Mediation applicants/grantees who received our clarity of the information to be and Conciliation Service, Room 10235, grant application kit. Also, applicants/ collected. Washington, DC 20503. Copies of the grantees who have received a grant from complete agency forms may be obtained (iv) Minimize the burden of the FMCS. collection of information on those who from the Labor Management Grants Frequency: Program at Federal Mediation and are to respond, including the use of a. Three of the forms, the SF–424, Conciliation Service, the Labor appropriate automated electronic LM–6, and LM–9 are submitted at the Management Grants Program, 2100 K collection technologies or other forms of applicant/grantee’s discretion. Street, NW., Washington, DC 20427 or information technology, e.g. permitting by contacting the person whose name b. To conduct the quarterly electronic and fax submission of appears under the section headed, FOR submissions, LM–7/LM–8 forms are responses. used. Less than quarterly reports would FURTHER INFORMATION CONTACT. III. The Official Record Comments and data may also be deprive FMCS of the opportunity to submitted by fax at (202) 606–3434 or provide prompt technical assistance to The official record is the paper electronically by sending electronic deal with those problems identified in records maintained at the address in (e-mail) to [email protected] or the report. ADDRESSES at the beginning of this [email protected]. All comments and c. Once per application. The LM–3 document. FMCS will transfer all data in electronic form must be is the only form to which a ‘‘similar electronically received comments into identified by the appropriate agency information’’ requirement could apply. printed form as they are received. These form number. No confidential business That form takes the requirement into records are available for inspection from information (CBI) should be submitted consideration by accepting recent audit 8:30 a.m. to 4:30 p.m., Monday through through e-mail. reports in lieu of applicant completion Friday, excluding legal holidays. Information submitted as a comment of items C2 through 9 and items D1 List of Subjects concerning this document may be through 3. claimed confidential by marking any Burden: SF–424 Application for Labor-Management Cooperation part or all of the information as ‘‘CBI’’. Federal Assistance, SF–270 (LM–6) Program and Information collection Information so marked will not be Request for Advance or requests. disclosed but a copy of the comment Reimbursement—30 minutes, (LM–8) that does contain CBI must be submitted Project Performance—60 minutes, SF– Dated: May 14, 2002. for inclusion in the public record. 269a (LM–7) Financial Status Report— C. Richard Barnes, Information not marked confidential 30 minutes, (LM–9) FMCS Grants Director. may be disclosed publicly by FMCS Program Evaluation Questionnaire—60 [FR Doc. 02–12659 Filed 5–20–02; 8:45 am] without prior notice. All written minutes, and (LM–3) Accounting BILLING CODE 6372–01–M
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Rosado, Lead Grants Management HUMAN SERVICES HUMAN SERVICES Specialist. International Grants & Contracts Branch, Procurement and Administration on Aging Centers for Disease Control and Grants Office, Centers for Disease Prevention Control and Prevention, 2920 [Program Announcement No. AoA–02–08] [Program Announcement 02033] Brandywine Road, MS E–09, Atlanta, GA 30341–4146, Telephone number: Fiscal Year 2002 Program Improving Effectiveness of (770) 488–2782, FAX: (770) 488–2866, Announcement; Availability of Funds Tuberculosis Prevention and Control Email address: [email protected]. and Notice Regarding Applications in Lithuania; Notice of Award For program technical assistance, contact: Charles Wells, Email address A. Purpose AGENCY: Administration on Aging, HHS. [email protected], Puneet Dewan, Email The Centers for Disease Control and address [email protected], Michael Qualls, ACTION: Extension of deadline to apply Prevention (CDC) announces the Email address [email protected], National for funds under the Older Americans availability of $105,000 in fiscal year Center for HIV/STD/STD and TB Act, Title VI, Grants for Native (FY) 2002 funds for a Cooperative Prevention, Division of Tuberculosis Americans, Part A—Indian Program, Agreement to provide education and Elimination, 1600 Clifton Road, MS stated in the Federal Register Program technical assistance to improve the E–10, Atlanta, GA 30333, Telephone: Announcement dated September 17, quality, efficiency, and effectiveness of (404) 639–8120, Fax: (404) 639–8961. 2001. programs for the prevention and control of tuberculosis (TB) with the National Dated: May 15, 2002. Sandra R. Manning, CGFM, SUMMARY: Because of continuing needs Tuberculosis Control Program (NTP), of Tribal elders, the Administration on Ministry of Health of the Government of Director, Procurement and Grants Office, Centers for Disease Control and Prevention Aging is extending the date for which Lithuania. The award is anticipated to begin in May 2002, with a 12-month (CDC). the Title VI grant applications for the [FR Doc. 02–12648 Filed 5–20–02; 8:45 am] grant period April 1, 2002–March 31, budget period within a five-year project BILLING CODE 4163–18–P 2005 are due. Applications will be period. This program addresses the accepted from Tribes with grants that ‘‘Healthy People 2010’’ priority areas of ended on March 31, 2002. Please note, Immunization and Infectious Diseases. The National Tuberculosis Control DEPARTMENT OF HEALTH AND since the Older Americans Act allows Program (NTP), Ministry of Health of HUMAN SERVICES only one grant per Tribal organization, the Government of Lithuania is the most the program announcement applies only Centers for Disease Control and appropriate and qualified agency to Prevention to Tribes that did not receive a grant conduct the activities under this under the program announcement of Cooperative Agreement because: Prospective Grant of Exclusive September 17, 2001. 1. The NTP is uniquely positioned, in License: Control of Arthropod Vectors DATES: The deadline date for the terms of legal authority, ability, track of Parasitic Diseases submission of applications is June 20, record, and credibility in Lithuania to 2002. develop and implement TB control AGENCY: Centers for Disease Control and activities in both public sites throughout Prevention (CDC), Department of Health ADDRESSES: Application kits are the country. and Human Services. 2. The NTP is currently involved in available by writing to the U.S. ACTION: Notice. Department of Health and Human TB treatment services in Lithuania, Services, Administration on Aging, enabling it to immediately become SUMMARY: This is a notice in accordance Yvonne Jackson, Director, Office for engaged in the activities listed in this with 35 U.S.C. 209(e) and 37 CFR 404.7 American Indian, Alaska Native and announcement. (a) (1) (i) that the Centers for Disease 3. The purpose of the announcement Native Hawaiian Programs, 330 Control and Prevention (CDC), is to utilize and build upon the existing Technology Transfer Office, Department Independence Ave., SW., Washington, framework of TB control activities that DC 20201 or by calling 202/619–2713. of Health and Human Services (DHHS), the NTP has developed or initiated. is contemplating the grant of a Applications must be postmarked on or 4. The NTP has been mandated by the worldwide exclusive license to practice before June 20, 2002. An original and Ministry of Health in Lithuania to the inventions embodied in the patent two copies of the application are to be coordinate and implement TB treatment application referred to below to Aventis mailed to Margaret Tolson, Director, and control activities including Multi- Environmental Sciences, a business unit Office of Grants Management, 330 Drug Resistant Tuberculosis (MDR–TB) of Aventis CropScience, of Montvale, Independence Ave., SW., Washington, within the country. New Jersey. The patent rights in these DC 20201. The purpose of this Cooperative Agreement is to assist the recipient in inventions have been assigned to the Dated: May 15, 2002. conducting an anti-tuberculosis drug government of the United States of Josefina G. Carbonell, resistance survey in Lithuania based on America. The patent application to be Assistant Secretary for Aging. WHO/IUATLD Global Project on Anti- licensed is: [FR Doc. 02–12679 Filed 5–20–02; 8:45 am] Tuberculosis Drug Resistance Title: Use of Fipronil to Control Ixodes Ticks and Control Lyme Disease. BILLING CODE 4154–01–P Surveillance protocols (‘‘The Global Project’’). U.S. Patent Application Serial No. 09/ 595,035 Filing Date: 06/16/00 B. Where To Obtain Additional The prospective exclusive license will Information be royalty-bearing and will comply with To obtain business management the terms and conditions of 35 U.S.C. technical assistance, contact: Dorimar 209 and 37 CFR 404.7.
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This invention comprises a method of availability of Federal funds to support Internet viewers should proceed to controlling Lyme disease by preventing the grant. These grants are not intended ‘‘Publications.’’ the maturation of deer ticks on white- to fund or conduct food inspections. The Public Health Service strongly footed mice by exposing the mice to DATES: Submit applications by July 22, encourages all award recipients to fipronil as they enter food-baited boxes. 2002. provide a smoke-free workplace and to ADDRESSES: Requests for a copy of the ADDRESSES: Application forms are discourage the use of all tobacco patent application, inquiries, comments, available from, and completed products. This is consistent with the and other materials relating to the applications should be submitted to FDA mission to protect and advance the contemplated license should be directed Cynthia M. Polit, Grants Management physical and mental health of the to Andrew Watkins, Director, Office (HFA–520), Food and Drug American people. Technology Transfer Office, Centers for Administration, 5600 Fishers Lane, rm. II. Background Disease Control and Prevention (CDC), 2129, Rockville, MD 20857, 301–827– ORA is the inspection component of 4770 Buford Highway, Mailstop K–79, 7180, e-mail: [email protected]. the FDA and has some 1,100 Atlanta, GA 30341, telephone: (770) Applications hand-carried or investigators and inspectors who cover 488–8600; facsimile: (770) 488–8615. commercially delivered should be the country’s approximately 95,000 Applications for a license filed in addressed to 5630 Fishers Lane, rm. FDA-regulated businesses. These response to this notice will be treated as 2129, Rockville, MD 20857. Application investigators inspect more that 15,000 objections to the grant of the forms PHS–5161–1 (7/00) are available facilities a year. In addition to the contemplated license. Only written via the Internet at http://www.psc.gov/ standard inspection program, they comments and/or applications for a forms (revised 7/00). conduct special investigations, conduct license which are received by CDC FOR FURTHER INFORMATION CONTACT: food inspection recall audits, perform within fifteen days of this notice will be Regarding the administrative and consumer complaint inspections, and considered. financial management aspects of collect samples of regulated product. Comments and objections submitted this notice: Cynthia M. Polit (see FDA has relied on the States in assisting in response to this notice will not be ADDRESSES). with the these activities through formal made available for public inspection, Regarding the programmatic aspects contracts, partnership agreements, and and, to the extent permitted by law, will of this notice: Paul M. Raynes, or other informal arrangements. Under the not be released under the Freedom of Anne Hope Scott, Division of Food Safety Initiative (FSI), the Information Act, 5 U.S.C. 552. A signed Federal-State Relations, Office of demands on both the agency and the Confidential Disclosure Agreement will Regulatory Affairs (HFC–150), Food States has increased. Procedures need to be required to receive a copy of any and Drug Administration, 5600 be reviewed and innovative changes pending patent application. Fishers Lane, rm. 12–07, Rockville, made that will increase effectiveness Dated: May 15, 2002. MD 20857, 301–827–6906, e-mail: and efficiency and conserve resources. James D. Seligman, [email protected], on the Internet at ORA will support FSI by: (1) Effectively _ Associate Director for Program Services, http://www.fda.gov/ora/fed state/ and efficiently ensuring compliance of Centers for Disease Control and Prevention default.htm. regulatory products; and (2) providing (CDC). SUPPLEMENTARY INFORMATION: high quality, science-based work that [FR Doc. 02–12649 Filed 5–20–02; 8:45 am] results in maximizing consumer I. Introduction BILLING CODE 4163–18–P protection. FDA will support projects covered by Under FSI, FDA is mandated to this notice under title XVII of the Public develop innovative food safety programs DEPARTMENT OF HEALTH AND Health Service Act (42 U.S.C. 1702). that would be utilized nationally by HUMAN SERVICES FDA’s project program is described in State and local food safety regulatory the Catalog of Federal Domestic agencies. Even though the American Food and Drug Administration Assistance No. 93.245, and applicants food supply is among the safest in the are limited to food safety regulatory world, millions of Americans are Innovative Food Safety Projects; agencies of State, local, and tribal stricken by illness each year caused by Availability of Grants; Request for governments. the food they consume, and some 7,000 Applications FDA urges applicants to submit work Americans a year, primarily the very AGENCY: Food and Drug Administration, plans that address specific objectives of young and elderly, die as a result. The HHS. ‘‘Healthy People 2010.’’ Applicants may goal of FSI is to further reduce the ACTION: Notice. obtain a hard copy of the ‘‘Healthy incidence of foodborne disease to the People 2010’’ objectives, volumes I and greatest extent possible. Innovative food SUMMARY: The Food and Drug II, Conference Edition (B0074), for $22 safety programs that are developed at Administration (FDA), Office of per set, by writing to the Office of the State and local levels and have Regulatory Affairs (ORA), Division of Disease Prevention and Health national implication could enhance Federal-State Relations (DFSR), is promotion (ODPHP) Communication programs that are developed at the announcing the availability of grant Support Center, P.O. Box 37366, Federal level. funds for the support of an innovative Washington, DC 20013–7366. Each of food safety program. Approximately the 28 chapters of ‘‘Healthy People A. Project Goals, Definitions, and $350,000 will be available in fiscal year 2010’’ is priced at $2 per copy. Examples 2002. FDA anticipates making at least Telephone orders can be placed to the The specific objective of this program seven awards, not to exceed $50,000 center on 301–468–5690. The center will be to complement, develop, or (direct and indirect costs combined) per also sells the complete Conference improve State and local food safety award per year. Support of these grants Edition in CD–ROM format (B0071) for programs that would have applicability will be for 1 year. The number of grants $5. This publication is available as well to food safety programs nationwide. funded will depend on the quality of the on the Internet at http:// Examples of food safety projects are applications received and the www.health.gov/healthypeople/. retail food (food manufacturers,
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processors, wholesalers, and by other State and local food safety Executive Order 12372 sets up a system warehouses); egg safety program; milk regulatory agencies. These projects may for State and local government review of safety program; shellfish safety program. incorporate concurrent education of applications for Federal financial Applications that address one of the both State and local food safety assistance. Applicants (other than food safety projects and fulfill the regulatory agencies and the food federally recognized Indian tribal following specific project objectives will industry. governments) should contact the State’s be considered for funding. Single Point of Contact (SPOC) as early Each application must address only B. Applicability as possible to alert the SPOC to the one project. Applicants may apply for All grant application projects that are prospective application(s) and to receive more than one project area, but must developed at State, local, and tribal any necessary instructions on the State’s submit a separate application for each levels must have national implication or review process. A current listing of project. These grants are not to fund or application that can enhance Federal, SPOCs is included in the application conduct food inspections for food safety State, and local food regulatory kit. The SPOC should send any State regulatory agencies. Applications programs and are likely to reduce review process recommendations to relating to the Retail Food Program area factors that cause foodborne illness. At FDA’s administrative contact (see should be applicable to program the discretion of FDA, successful project ADDRESSES). The due date for the State improvement processes for FDA’s draft formats will be made available to process recommendations is no later ‘‘Recommended National Retail Food interested Federal, State, local, and than 60 days after the deadline date for Regulatory Program Standards’’ (http:// tribal food safety regulatory agencies. the receipt of applications. FDA does vm.cfsan.fda.gov/~dms/ret-toc.html) No grant will be awarded for projects not guarantee to accommodate or (see review criteria). that do not support the FDA Food Code. explain SPOC comments that are There are two key project areas received after the 60 day cut-off. identified for this effort: III. Reporting Requirements B. Eligibility 1. Inspection Semiannual progress reports as well as a final program progress report and This grant program is only available Development of innovative regulatory a final financial status report (FSR) (SF– to State, local, and tribal government inspection methods or techniques for 269) are required. An original FSR and food regulatory agencies. (See SPOC the inspection process of various food two copies shall be submitted to FDA’s requirements stated previously.) establishments in order to improve Grants Management Officer within 90 C. Length of Support effectiveness and efficiency. Innovative days of the expiration date of the grant. Regulatory Program Methodology The final program progress report must The length of support will be for 1 projects must demonstrate an effect on provide full written documentation of year from date of award. factors that contribute to foodborne the project, copies of any results, as V. Review Procedure and Criteria illness in all, or a segment of, food described in the grant application, and industry programs. For example, All applications submitted in an analysis and evaluation of the results response to this request for application projects could address key elements of the project. The documentation must from the draft entitled ‘‘Recommended (RFA) will first be reviewed by grants be in a form and contain sufficient management and program staff for National Retail Food Regulatory detail such that other State and local Program Standards,’’ such as the five responsiveness. Responsiveness is food safety regulatory agencies could defined as submission of a complete Food Code Interventions (management reproduce the final project. knowledge, employee health, hands as a application with original signatures on Program monitoring of recipients will or before the required submission date vehicle of contamination, time/ be conducted on an ongoing basis and temperature relationships, and as listed previously in this document. If written reports will be reviewed and applications are found to be consumer advisory), or the five Centers evaluated at least semiannually by the for Disease Control and Prevention risk nonresponsive, they will be returned to project officer. Project monitoring may the applicant without further factors (improper holding temperature, also be in the form of telephone inadequate cooking, contaminated consideration. An application will be conversations between the project considered nonresponsive if any of the equipment, unsafe source, and poor officer/grants management specialist personal hygiene). Other examples of following criteria are not met: (1) If it is and the principal investigator and/or a received after the specified receipt date; projects in this area could include site visit with appropriate officials of prevention and control of Listeria (2) if the total dollar amount requested the recipient organization. The results of from FDA exceeds $50,000; (3) if all monocytogenes in retail and foodservice these monitoring activities will be duly environments and projects that address required original signatures are not on recorded in the official file and may be the face, assurance, or certification shell egg safety, such as refrigeration, available to the recipient upon request. safe handling, or labeling. The goal of pages of the application; (4) if there is these projects should be to achieve IV. Mechanism of Support no original signature copy; (5) if it is illegible; (6) if the material presented is efficient and effective compliance with A. Award Instrument regulations that affect factors that insufficient to permit an adequate contribute to foodborne illness. Support for this program will be in review; (7) if the application the form of a grant. These grants will be demonstrates an inadequate 2. Education and Health Information subject to all policies and requirements understanding of the intent of the RFA; Dissemination that govern the project grant programs of (8) if the application is determined to be Development of innovative education FDA, including the provisions of 42 essentially similar to projects that have projects and materials for State and CFR part 52 and 45 CFR parts 74 and been funded in the past; or (9) if for any local food safety regulatory officials that 92. The regulations issued under reason the results of the project, foster consistency and uniform Executive Order 12372 also apply to this including computer software, cannot be application of State and local food program and are implemented through made available to other State, local, and regulations. These education projects Department of Health and Human tribal food regulatory agencies. All and/or materials must be reproducible Services regulations at 45 CFR part 100. applicants are encouraged to check the
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list of projects that received funding in 6. Applications must include a full receipt from a commercial carrier, prior years under this program on the description of the project design, a unless they arrive too late for orderly Internet at www.fda.gov/ora/fed_state/ detailed implementation plan, methods processing. Private metered postmarks Innovative_Grants.html. of execution, and timeline for shall not be acceptable as proof of Responsive applications will be completion. The application must timely mailing. Applications not reviewed and evaluated for scientific include a detailed description of received on time will not be considered and technical merit by an ad hoc panel measures of effectiveness and a for review and will be returned to the of experts in the subject field of the description of the source documents or applicant. Applicants should note that specific application. Applications will data collection methods for establishing the U.S. Postal Service does not be considered for funding on the basis the baseline for measurement. uniformly provide dated postmarks. of their overall technical merit as 7. Applications must address the Before relying on this method, determined through the review process. adequacy of facilities, expertise of applicants should check with their local Other award criteria will include project staff, equipment, databases and post office. availability of funds and overall support services needed for the project. Do not send applications to the Center program balance in terms of geography. 8. Applicants and applicants’ for Scientific Research, National Final funding decisions will be made by subgrantees and subcontractors must Institutes of Health (NIH). Any the Commissioner of Food and Drugs or ensure compliance that any projects application sent to NIH that is then his designee. developed in whole or in part with forwarded to FDA and not received in Applicants are strongly encouraged to Federal funds may be made available to time for orderly processing will be contact FDA to resolve any questions other State, local, and tribal food deemed unresponsive and returned to regarding criteria prior to the regulatory agencies by FDA or its agents. the applicant. Instructions for submission of their application. All Such copyrighted or copyrightable completing the application are included questions of a technical or works shall be subject to a royalty-free, in Form PHS–5161–1. FDA is unable to programmatic nature must be directed nonexclusive, and irrevocable license to receive applications via Internet. to ORA’s program staff (see ADDRESSES) the Federal Government to reproduce, B. Format for Application and all questions of an administrative or publish, or otherwise use them, and to financial nature must be directed to the authorize others to do so for Federal Submission of the application must be grants management staff (address Government purposes. on Grant Application Form PHS 5161– above). 1 (Rev 7/00). All instructions for the Applications will be given an overall VI. Submission Requirements enclosed Standard Form 424 (SF–424) score and judged based on all of the The original and two copies of the should be followed using the following criteria: completed Grant Application Form nonconstruction application pages. A 1. Application budgets must remain PHS–5161–1 (Revised 7/00) for State properly formatted sample application within the $50,000 cap for combined and local governments, with copies of for the grant can be accessed on the direct and indirect costs. Applications the appendices for each of the copies, Internet at http://www.fda.gov/ora/ _ _ exceeding this dollar amount will be should be delivered to Cynthia M. Polit fed state/Innovative Grants.html. returned as nonresponsive. (see ADDRESSES). The application receipt Applications may be considered 2. Applications must provide in date is July 22, 2002. If the receipt date nonresponsive if not submitted in the detail, a sound rationale and falls on a weekend, it will be extended proper order. appropriate grant design to address the to Monday; if the date falls on a holiday, The face page of the application objectives of the RFA. it will be extended to the following should indicate ‘‘RFA–FDA–ORA–02– 3. The project must be generic enough workday. No supplemental or Project I (Inspection),’’ or ‘‘RFA–FDA– in nature to be used by other State, addendum material will be accepted ORA–02–Project II (Education and local, and tribal food regulatory after the receipt date. Health Information and agencies. The outside of the mailing package Dissemination).’’ Data included in the 4. Applications must include a and item 2 of the application face page application, if restricted with the legend detailed explanation of the desired goals should be labeled ‘‘Response to RFA– specified below, may be entitled to and outcomes of the project. confidential treatment as trade secret or 5. Only for applications relating to the FDA–ORA–02–Project I (Inspection) or ‘‘RFA–FDA–ORA–02–Project II confidential commercial information Retail Food Program, the outcomes of within the meaning of the Freedom of the project should be applicable to (Education and Health Information Dissemination).’’ Submit only one Information Act (FOIA) (5 U.S.C. program improvement process for FDA’s 552(b)(4)) and FDA’s implementing draft ‘‘Recommended National Retail project application (an original and two copies) per package. regulations (21 CFR 20.61). Food Regulatory Program Standards.’’ Information collection requirements These standards will serve as a guide to VII. Method of Application requested on PHS Form 5161–1 were the regulatory retail food program. The A. Submission Instructions approved and issued under Office of standards apply to the operation, Management and Budget Circular A– management, and promotion of a Each application must be submitted 102. regulatory retail food program focused under separate cover. Do not submit on the reduction of risk factors known more than one application (original with C. Legend and suspected to cause foodborne two copies) per envelope. Applications Unless disclosure is required by FOIA illness. The FDA draft ‘‘Recommended will be accepted during working hours, as amended (5 U.S.C. 552), as National Retail Food Regulatory 8 a.m. to 4:30 p.m., Monday through determined by the freedom of Program Standards’’ are found on the Friday, on or before the established information officials of Department of Internet at http://vm.cfsan.fda.gov/ receipt date. Applications will be Health and Human Services or by a ~dms/ret-toc.html or contact your local considered received on time if sent or court, data contained in the portions of FDA Regional Retail Food Specialist mailed on or before the receipt date as this application which have been from the list provided in the application evidenced by a legible U.S. Postal specifically identified by page number packet. Service dated postmark or a legible date and paragraph by the applicant as
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containing restricted or proprietary electronic access to the guidance (65 FR 43377). The comment period for information shall not be used or document. the guidance document closed on disclosed except for evaluation FOR FURTHER INFORMATION CONTACT: September 26, 2000. FDA received no purposes. Mitchell Cheeseman, Center for Food comments on the guidance document. Dated: May 14, 2002. Safety and Applied Nutrition (HFS– However, FDA did receive three comments on the proposed rule Margaret M. Dotzel, 205), Food and Drug Administration, published simultaneously with the July Associate Commissioner for Policy. 5100 Paint Branch Pkwy., College Park, MD 20740–3835, 202–418–3083. 13, 2000, notice of availability. Portions [FR Doc. 02–12665 Filed 5–20–02; 8:45 am] of these three comments are relevant to BILLING CODE 4160–01–S SUPPLEMENTARY INFORMATION: the guidance document and FDA has I. Background addressed the relevant portions of the comments in the guidance document FDAMA (Public Law 105–115) DEPARTMENT OF HEALTH AND announced by this notice. Thus, in amended section 409 of the Federal HUMAN SERVICES accordance with its GGPs, FDA now is Food, Drug, and Cosmetic Act (the act) reissuing this guidance document in Food and Drug Administration (21 U.S.C. 348) to establish an FCN final form. process as the primary method for [Docket No. 00D–1360] authorizing new uses of food additives III. Electronic Access that are FCSs. A ‘‘food contact Persons with access to the Internet Guidance for Industry on Preparation substance’’ is defined in section may obtain the guidance document at of Food Contact Notifications: 409(h)(6) of the act as ‘‘any substance http://www.cfsan.fda.gov/~dms/ Administrative; Availability intended for use as a component of guidance.html. materials used in manufacturing, AGENCY: Food and Drug Administration, packing, packaging, transporting, or IV. Comments HHS. holding food if such use is not intended Interested persons may submit to the ACTION: Notice. to have any technical effect in such Dockets Management Branch (see food.’’ FDA expects most new uses of SUMMARY: The Food and Drug ADDRESSES) written and electronic Administration (FDA) is announcing the FCSs that previously would have been comments regarding the guidance availability of the guidance document regulated by issuance of a listing document at any time. Two copies of entitled ‘‘Preparation of Food Contact regulation in response to a food additive any comments are to be submitted, Notifications: Administrative.’’ This petition or would have been exempted except that individuals may submit one guidance document is intended to from the requirement of a regulation copy. Comments are to be identified provide guidance for industry regarding under the ‘‘Threshold of Regulation’’ with the docket number found in the preparation of food contact process will be the subject of FCNs. brackets in the heading of this notifications (FCNs). FDA is providing FDA is announcing the availability of document. The guidance document and this guidance as part of its the guidance document entitled received comments may be seen in the implementation of the premarket ‘‘Preparation of Food Contact office above between 9 a.m. and 4 p.m., notification process for food contact Notifications: Administrative.’’ This Monday through Friday. Such substances (FCSs) established by the guidance document is intended to comments will be considered when Food and Drug Administration provide guidance for industry regarding determining whether to amend the Modernization Act of 1997 (FDAMA). the preparation of FCNs. FDA is guidance. providing this guidance document as Dated: May 6, 2002. DATES: Submit written or electronic part of its implementation of the Margaret M. Dotzel, comments concerning this guidance premarket notification process for FCSs document at any time. established by FDAMA. Associate Commissioner for Policy. ADDRESSES: Submit written comments [FR Doc. 02–12663 Filed 5–20–02; 8:45 am] concerning this guidance document to II. Significance of Guidance BILLING CODE 4160–01–S the Dockets Management Branch (HFA– This guidance document represents 305), Food and Drug Administration, the agency’s current thinking on the 5630 Fishers Lane, rm. 1061, Rockville, data and information that should be DEPARTMENT OF HEALTH AND MD 20852. Submit electronic comments submitted in an FCN and the plan for HUMAN SERVICES to http//www.fda.gov/dockets/ administration of the FCN program. Food and Drug Administration ecomments. Submit written requests for This guidance document does not create single copies of the guidance document or confer any rights for or on any person [Docket No. 02D–0199] to the Office of Food Additive Safety and does not operate to bind FDA or the (HFS–275), Food and Drug public. An alternative approach may be Advertisements for High-Intensity Administration, 5100 Paint Branch used if such approach satisfies the Mercury Vapor Discharge Lamps; Pkwy., College Park, MD 20740–3835. requirements of the applicable statute Revocation of Compliance Policy Send one self-addressed adhesive label and regulations. This guidance Guide 7133.13 to assist that office in processing your document is a level 1 guidance under AGENCY: Food and Drug Administration, requests. You also may request a copy the agency’s good guidance practices HHS. of the guidance document by electronic (GGPs) regulations (21 CFR 10.115). ACTION: Notice. mail at [email protected], or Because it is a level 1 guidance under by telephone to the Office of Food the agency’s GGPs, FDA announced the SUMMARY: The Food and Drug Additive Safety at 202–418–3087 (voice) availability for comment of a draft of the Administration (FDA) is revoking the or FAX 202–418–3131. All requests guidance document ‘‘Preparation of Compliance Policy Guide (CPG) entitled should be identified with the guidance Food Contact Notifications: ‘‘Sec. 391.100 Advertisement Literature document by its title. See the Administrative’’ in a notice published for High-Intensity Mercury Vapor SUPPLEMENTARY INFORMATION section for in the Federal Register of July 13, 2000 Discharge Lamps (CPG 7133.13)’’
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because it is obsolete and outdated. This Dated: May 14, 2002. became effective on May 7, 1980, CPG is no longer necessary because it John Marzilli, applied to: (1) Any sunlamp product concerns revising advertisements, Deputy Associate Commissioner for designed to incorporate one or more printed before March 7, 1980, to comply Regulatory Affairs. ultraviolet lamps and intended for with the Federal performance standard [FR Doc. 02–12623 Filed 5–20–02; 8:45 am] irradiation of any part of the living for high-intensity mercury vapor BILLING CODE 4160–01–S human body by ultraviolet radiation discharge lamps (HIMVDLs). with wavelengths, in air, between 180 and 320 nanometers (nm) to induce skin DATES: June 20, 2002. DEPARTMENT OF HEALTH AND tanning and (2) any ultraviolet lamp that ADDRESSES: Submit written requests for HUMAN SERVICES produces radiation in the wavelength single copies of the CPG to the Division Food and Drug Administration interval of 180 to 320 nm, in air, and is of Compliance Policy (HFC–230), Office intended for use in any sunlamp of Enforcement, Office of Regulatory [Docket No. 02D–0200] product. Sunlamp products, that emit Affairs, Food and Drug Administration, only UVA radiation (320 to 400 nm), Sunlamp Product Performance 5600 Fishers Lane, Rockville, MD were not subject to the 1980 Standard and UVA Tanning Products; 20857, 301–827–0411 or FAX your Revocation of Compliance Policy performance standard. request to 301–827–0482. Guide 7133.16 In the Federal Register of September A copy of the CPG may be seen in the 6, 1985 (50 FR 36548 at 36550), FDA Dockets Management Branch (HFA– AGENCY: Food and Drug Administration, amended the sunlamp product 305), Food and Drug Administration, HHS. performance standard to accommodate 5630 Fishers Lane, rm. 1061, Rockville, ACTION: Notice. new products and designs that were MD 20852 between 9 a.m. and 4 p.m., significantly different from those for SUMMARY: The Food and Drug Monday through Friday. Administration (FDA) is revoking the which the original standard was FOR FURTHER INFORMATION CONTACT: compliance policy guide (CPG) entitled developed. This revised performance Jeffrey B. Governale, Division of ‘‘Sec. 396.100 Applicability of the standard, which became effective on Compliance Policy (HFC–230), Office of Sunlamp Performance Standard to UVA September 8, 1986, applies to sunlamp Enforcement, Office of Regulatory Tanning Products (CPG 7133.16).’’ This products and ultraviolet lamps that emit Affairs, Food and Drug Administration, CPG is no longer necessary because the ultraviolet radiation with wavelengths, 5600 Fishers Lane, Rockville, MD agency has amended the sunlamp in air, between 200 and 400 nm and are 20857, 301–827–0411. product performance standard (21 CFR intended for skin tanning 1040.20) to include sunlamp products (§ 1040.20(b)(9) and (b)(11)). SUPPLEMENTARY INFORMATION: and ultraviolet lamps that emit only Accordingly, sunlamp products and I. Background ultraviolet A (UVA) radiation. ultraviolet lamps which emit only UVA DATES: The revocation is effective June radiation are now subject to the FDA issued the CPG entitled ‘‘Sec. 20, 2002. performance standard. 391.100 Advertisement Literature for ADDRESSES: Submit written requests for Given the current sunlamp product High-Intensity Mercury Vapor Discharge single copies of the CPG to the Division performance standard, FDA is revoking Lamps (CPG 7133.13)’’ on October 1, of Compliance Policy (HFC–230), Office CPG 7133.16, in its entirety. 1980. This CPG addresses a question of Enforcement, Office of Regulatory from manufacturers related to Affairs, Food and Drug Administration, II. Electronic Access advertisements, printed before March 7, 5600 Fishers Lane, Rockville, MD Prior to June 20, 2002, a copy of the 1980, for HIMVDLs that were 20857, 301–827–0411 or FAX your CPG may also be downloaded to a request to 301–827–0482. manufactured after that date. These personal computer with access to the A copy of the CPG may be seen in the advertisements, primarily catalogs, Internet. The Office of Regulatory should have been revised by now. Dockets Management Branch (HFA– 305), Food and Drug Administration, Affairs home page includes the Because the requirements for these referenced document that may be types of lamps manufactured after 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., accessed at http://www.fda.gov/ora/ March 7, 1980, and their advertisements _ Monday through Friday. compliance ref/cpg/cpgdev/cpg396– are included in the Federal performance 100.html. standard for HIMVDLs (21 CFR FOR FURTHER INFORMATION CONTACT: 1040.30), this CPG is obsolete and Jeffrey B. Governale, Division of Dated: May 14, 2002. outdated. Therefore, FDA is revoking Compliance Policy (HFC–230), Office of John Marzilli, CPG 7133.13, in its entirety, to eliminate Enforcement, Office of Regulatory Deputy Associate Commissioner for unnecessary compliance policy. Affairs, Food and Drug Administration, Regulatory Affairs. 5600 Fishers Lane, Rockville, MD [FR Doc. 02–12666 Filed 5–20–02; 8:45 am] II. Electronic Access 20857, 301–827–0411. BILLING CODE 4160–01–S SUPPLEMENTARY INFORMATION: Before June 20, 2002, a copy of the CPG may also be downloaded to a I. Background personal computer with access to the FDA issued the CPG entitled ‘‘Sec. Internet. The Office of Regulatory 396.100 Applicability of the Sunlamp Affairs (ORA) homepage includes the Performance Standard to UVA Tanning referenced document that may be Products (CPG 7133.16)’’ on October 1, accessed at: http://www.fda.gov/ora/ 1980. This CPG describes how the compliancelref/cpg/cpgdev/cpg391– sunlamp product performance standard 100.html. (§ 1040.20 (21 CFR 1040.20)), that
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DEPARTMENT OF HOUSING AND Title of Proposal: Schedule of INTER-AMERICAN FOUNDATION URBAN DEVELOPMENT Subscribers and Ginnie Mae Guaranty Agreement. Meeting of the Board of Directors and [Docket No. FR–4740–N–03] Advisory Council; Sunshine Act OMB Control Number, if applicable: Notice of Proposed Information 2503–0009. TIME AND DATE: June 3, 2002, 9:30 a.m.– Collection: Comment Request; 3:00 p.m. Schedule of Subscribers and Ginnie Description of the Need for the Mae Guaranty Agreement Information and Proposed Use PLACE: Inter-American Foundation, 901 N. Stuart Street, 10th Floor, Arlington, AGENCY: Office of the President of This form is prepared and submitted VA 22203. Government National Mortgage by the issuer to Ginnie Mae’s agent, STATUS: Open session. JPMorgan Chase Bank. This form must Association (Ginnie Mae), HUD. MATTERS TO BE CONSIDERED: be used by the issuer to submit pool or ACTION: Notice. • Approval of the Minutes of the loan packages. Each time the issuer March 1, 2002, Meeting of the Board of SUMMARY: The proposed information issues a new security, it agrees that the Directors collection requirement described below applicable Guaranty Agreement is in • President’s Report will be submitted to the Office of effect on the issue date of the securities • Management and Budget (OMB) for IAF 2001 Results Report and that it will govern all of the issuer’s • Investment Initiative review, as required by the Paperwork outstanding pool and loan packages, Reduction Act. The Department is pooled mortgages, and securities CONTACT PERSON FOR MORE INFORMATION: soliciting public comments on the whether created under the Ginnie Mae Carolyn Karr, General Counsel, (703) subject proposal. I MBS Program or the Ginnie Mae II 306–4350. DATES: Comment Due Date: July 22, MBS Program. The pool will vary as to Dated: May 16, 2002. 2002. the amount of each security, securities Carolyn Karr, ADDRESSES: Interested persons are holders, and the number of securities for General Counsel. invited to submit comments regarding each holder. The data provided on this [FR Doc. 02–12821 Filed 5–17–02; 2:41 pm] this proposal. Comments should refer to form is the basis for the preparation of BILLING CODE 7025–01–M the proposal by name and/or OMB the securities issued under each Ginnie Control Number and should be sent to: Mae MBS pool. Upon receipt of the Sonya Suarez, Office of Program form, JPMorgan Chase Bank reviews the DEPARTMENT OF THE INTERIOR Operations, Department of Housing & information submitted in conjunction Urban Development, 451 7th Street, with other documentation required for Office of the Secretary SW., Room 6206, Washington, DC the issuance of MBS securities. The 20410. approval of this form enables the actual Exxon Valdez Oil Spill Trustee Council; preparation of the securities to be Notice of Meeting FOR FURTHER INFORMATION CONTACT: issued. Sonya Suarez, Ginnie Mae, (202) 708– AGENCY: Office of the Secretary, 2884 (this is not a toll-free number) for Agency form numbers, if applicable: Department of the Interior. Form HUD 11705. copies of the proposed forms and other ACTION: Notice of meeting. available documents. Members of affected public: For-profit SUPPLEMENTARY INFORMATION: The business (mortgage companies, thrifts, SUMMARY: The Department of the Department will submit the proposed savings & loans, etc.). Interior, Office of the Secretary is announcing a public meeting of the information collection to OMB for Estimation of the total number of Exxon Valdez Oil Spill Public Advisory review, as required by the Paperwork hours needed to prepare the information Group. Reduction Act of 1995 (44 U.S.C. collection, including number of Chapter 35, as amended). respondents, frequency of response, and DATES: June 20, 2002, at 8:30 a.m. The Notice is soliciting comments hours of response: ADDRESSES: Fifth floor conference room, from members of the public and affected 441 West 5th Avenue, Anchorage, Number of respondents: 297 (end of agencies concerning the proposed Alaska. collection of information to: (1) Evaluate 2001). FOR FURTHER INFORMATION CONTACT: whether the proposed collection of Frequency of responses: 106 (per Douglas Mutter, Department of the information is necessary for the proper year). Interior, Office of Environmental Policy performance of the functions of the Total annual responses: 31,482. and Compliance, 1689 ‘‘C’’ Street, Suite agency, including whether the 119, Anchorage, Alaska, (907) 271– information will have practical utility; Hours per response: .17 (10 minutes). 5011. (2) Evaluate the accuracy of the agency’s Total burden hours: 5,352. estimate of the burden of the proposed Status of the proposed information SUPPLEMENTARY INFORMATION: The collection of information; (3) Enhance collection: Extension of a currently Public Advisory Group was created by the quality, utility, and clarity of the approved collection. Paragraph V.A.4 of the Memorandum of information to be collected; and (4) Agreement and Consent Decree entered Minimize the burden of the collection of Authority: Section 3506 of the Paperwork into by the United States of America information on those who are to Reduction Act of 1995, 44 U.S.C. Chapter 35, and the State of Alaska on August 27, respond, including through the use of as amended. 1991, and approved by the United States appropriate automated collection Dated: May 13, 2002. District Court for the District of Alaska techniques or other forms of information in settlement of United States of George S. Anderson, technology, e.g., permitting electronic America v. State of Alaska, Civil Action submission of responses. Executive Vice President, Ginnie Mae. No. A91–081 CV. The meeting agenda This Notice also lists the following [FR Doc. 02–12717 Filed 5–20–02; 8:45 am] will feature discussions about the fiscal information: BILLING CODE 4210–66–M year 2003 draft work plan, an update on
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injured resources and services, and the Wildlife Management, Road, Medford, Oregon 97504, 541– proposed Gulf of Alaska Ecosystem Livestock Management. 618–2272. Monitoring and Research program. The specific category that the SUPPLEMENTARY INFORMATION: A Notice Dated: May 13, 2002. nominee will represent should be of Proposed Withdrawal was published Willie R. Taylor, identified in the letter of nomination. in the Federal Register on January 22, Director, Office of Environmental Policy and Board membership must be balanced in 2001, 66 FR 6663—6664, segregating Compliance. terms of categories of interest approximately 151,970 acres of Federal [FR Doc. 02–12686 Filed 5–20–02; 8:45 am] represented. Each member must be a lands from location and entry under the BILLING CODE 4310–RG–P person who, as a result of training and mining laws. Based on a review of the experience, has knowledge or special lands proposed for withdrawal and a expertise which qualifies him or her to review of the Medford Resource DEPARTMENT OF THE INTERIOR provide advice from among the Management Planning objectives categories of interest listed above. outlined in its Record of Decision dated Bureau of Land Management Members will be appointed to a term of June 1995, the Bureau of Land [WO–260–09–1060–00–24 1A] 3 years. Management hereby cancels from the Pursuant to Section 7 of the Wild withdrawal application the following Call for Nominations for the Wild Horse Free-Roaming Horse and Burro Act, described lands: Members of the Board cannot be and Burro Advisory Board Willamette Meridian employed by either Federal or State AGENCY: Bureau of Land Management, Government. T. 37 S., R. 6 W., 1 Interior. Members will serve without salary, Sec. 31, W ⁄2. ACTION: Notice of Wild Horse and Burro but will be reimbursed for travel and per T. 39 S., R. 6 W., Advisory Board call for nominations. diem expenses at current rates for Sec. 5, E1⁄2; Government employees. SUMMARY: The purpose of this notice is Sec. 8. The Board will meet no less than two to solicit public nominations for three T. 33 S., R. 7 W., times annually. The Director, Bureau of Secs. 18, 19, 30, and 31. members to the Wild Horse and Burro Land Management may call additional T. 34 S., R. 7 W., Advisory Board. The Board provides meetings in connection with special Secs. 7, 19, 30, and 31. advice concerning management, needs for advice. T. 35 S., R. 7 W., protection, and control of wild free- Secs. 3 to 10, inclusive, and roaming horses and burros on the public Henri Bisson, Secs. 15, 17, 18, and 19; lands administered by the Department Assistant Director, Renewable Resources and Sec. 20, W1⁄2. of the Interior, through the Bureau of Planning. T. 39 S., R. 7 W., Land Management, and the Department [FR Doc. 02–12677 Filed 5–20–02; 8:45 am] Sec. 2. T. 32 S., R. 8 W., of Agriculture, through the Forest BILLING CODE 4310–84–P Service. Sec. 31. T. 33 S., R. 8 W., DATES: Nominations should be Secs. 5 to 36, inclusive. submitted to the address listed below DEPARTMENT OF THE INTERIOR T. 34 S., R. 8 W., under ADDRESSES no later than March Secs. 2 to 5, inclusive, secs. 8 to 10, 29, 2002. Bureau of Land Management inclusive, secs. 15 to 17, inclusive; Secs. 20 to 29, inclusive, and secs. 31 to ADDRESSES: National Wild Horse and [OR–958–1430–ET; GPO–02–0040; OR– 56288] 36, inclusive. Burro Program, Bureau of Land T. 35 S., R. 8 W., Management, Department of the Secs. 1, 2, and secs. 6 to 36, inclusive. Interior, P.O. Box 12000, Reno, Nevada Partial Cancellation of Proposed Withdrawal; Oregon T. 38 S., R. 8 W., 89520–0006, Attn: Ramona DeLorme; Secs. 9, 15, 21, and 28. FAX 775–861–6711. AGENCY: Bureau of Land Management, T. 40 S., R. 8 W., FOR FURTHER INFORMATION CONTACT: John Interior. Secs. 7, 10, 15, and secs. 17 to 20, inclusive; Fend, Group Manager—Wild Horse and ACTION: Notice. 1 Burro Group, (202) 452–0379. Sec. 22, N ⁄2; Sec. 33, S1⁄2NE1⁄4, and S1⁄2; sec. 34. SUMMARY: Individuals who use a The Bureau of Land T. 32 S., R. 9 W., telecommunications device for the deaf Management has partially cancelled Secs. 3 to 9, inclusive, secs. 17 to 22, (TDD) may contact Mr. Fend at any time 118,000 acres of an application to inclusive, and secs. 24 to 35, inclusive. by calling the Federal Information Relay withdraw approximately 151,970 acres T. 33 S., R. 9 W., Service at 1–800–877–8339. of Federal lands to protect the Secs. 1 to 20, inclusive, secs. 23 to 27, SUPPLEMENTARY INFORMATION: Any nationally significant ecological and inclusive, and secs. 29 to 34, inclusive. individual or organization may biological values of the Siskiyou Wild T. 34 S., R. 9 W., Secs. 4 to 7, inclusive, secs. 16 to 21, nominate one or more persons to serve Rivers area. This Notice terminates the temporary segregation of the Federal inclusive, and secs. 27 to 36, inclusive. on the Wild Horse and Burro Advisory T. 35 S., R. 9 W., Board. Individuals may also nominate lands described below from location Secs. 1 to 14, inclusive, secs. 17 to 20, themselves for Board membership. All and entry under the mining laws. All of inclusive, and secs. 23 to 36, inclusive. nomination letters should include the the lands have been and will remain T. 41 S., R. 9 W., name, address, profession, relevant open to the public land and mineral Sec. 9. biographic data, and reference sources leasing laws unless closed by other Tps. 32, 33, and 34 S., R. 10 W. for each nominee, and should be sent to segregations of record. T. 32 S., R.11 W. the address listed under ADDRESSES, EFFECTIVE DATE: May 21, 2002. The areas described aggregate above. Nominations for the following FOR FURTHER INFORMATION CONTACT: Matt approximately 118,000 acres, more or categories of interest are needed: Craddock, Bureau of Land Management, less, in Curry, Coos, Josephine, and Humane Advocacy, Medford District Office, 3040 Biddle Douglas Counties.
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2. At 8:30 a.m., on May 21, 2002, the System lands described below for up to Sec. 22, W1⁄2NW1⁄4 and NW1⁄4SW1⁄4; lands described above will be opened to 2 years from location and entry under Sec. 28, NW1⁄4, NE1⁄4SW1⁄4, and W1⁄2SW1⁄4; Sec. 29, E1⁄2 and SW1⁄4; location and entry under the United the United States mining laws. The 1 1 1 1 States mining laws subject to valid and Sec. 31, E ⁄2NE ⁄4 and NE ⁄4SE ⁄4; lands have been and will remain open Sec. 32; existing rights, the provisions of existing to such forms of disposition as may by Sec. 33, W1⁄2W1⁄2 and NE1⁄4SW1⁄4. withdrawals, other segregations of law be made of National Forest System T. 34 S., R. 10 W., record, and the requirements of lands and mineral leasing. Sec. 11, S1⁄2NE1⁄4 and SE1⁄4; applicable law. Appropriation of any of DATES: The effective date of the Siskiyou Sec. 12, E1⁄2NW1⁄4, SW1⁄4NW1⁄4, SW1⁄4, and the land described in this Notice under Wild Rivers withdrawal application SW1⁄4SE1⁄4; 1 1 1 1 the general mining laws prior to the date cancellation is May 21, 2002. The Sec. 13, NW ⁄4NE ⁄4 and N ⁄2NW ⁄4; Sec. 14, NE1⁄4, E1⁄2NW1⁄4, W1⁄2SW1⁄4, and and time of restoration is unauthorized. effective date of the Siskiyou 1 1 Any such attempted appropriation, NE ⁄4SW ⁄4; withdrawal application is May 21, 2002. Sec. 26, S1⁄2SW1⁄4 and SW1⁄4SE1⁄4; including attempted adverse possession Comments on the new proposed Sec. 33, E1⁄2NE1⁄4; under 30 U.S.C. 38 (1994), shall vest no withdrawal must be received by August Sec. 34, W1⁄2NE1⁄4, NW1⁄4, NW1⁄4SW1⁄4, rights against the United States. Acts 19, 2002. E1⁄2SW1⁄4, and SE1⁄4; 1 1 1 1 1 required to establish a location and to ADDRESSES: Comments should be sent to Sec. 35, W ⁄2NE ⁄4, W ⁄2, and NW ⁄4SE ⁄4. T. 34 S., R. 12 W., initiate a right of possession are the Forest Supervisor, Siskiyou National governed by State law where not in Sec. 4, lots 3 and 4, SW1⁄4NW1⁄4, and Forest, 333 West 8th Street, P.O. Box 1 1 conflict with Federal law. The Bureau of NW ⁄4SW ⁄4; 520, Medford, Oregon 97501. 1 1 Land Management will not intervene in Sec. 5, lots 1 to 4, inclusive, S ⁄2N ⁄2, and FOR FURTHER INFORMATION CONTACT: N1⁄2S1⁄2. disputes between rival locators over Rob Shull, Siskiyou National Forest, (541) T. 35 S., R. 8 W., possessory rights since Congress has 1 1 858–2200. Sec. 13, lots 2 and 3, SW ⁄4NE ⁄4, provided for such determinations in NE1⁄4SW1⁄4, S1⁄2SW1⁄4, and W1⁄2SE1⁄4; SUPPLEMENTARY INFORMATION: On 1 1 local courts. Sec. 14, S ⁄2SE ⁄4; 3. The Bureau of Land Management January 22, 2001, a notice of proposed Sec. 22, SE1⁄4SW1⁄4 and S1⁄2SE1⁄4; will continue to evaluate the remaining withdrawal was published in the Sec. 23, NE1⁄4NE1⁄4, W1⁄2NE1⁄4, SE1⁄4NW1⁄4, lands to consider whether or not to Federal Register, 66 FR page 6664, and SW1⁄4; 1 1 recommend a formal withdrawal to the segregating approximately 1,093,953 Sec. 24, NW ⁄4NW ⁄4; acres of National Forest System lands Sec. 27, N1⁄2NE1⁄4, NW1⁄4, and NE1⁄4SW1⁄4; Secretary of Interior. 1 1 from location and entry under the Sec. 28, NE ⁄4NE ⁄4. Dated: February 4, 2002. T. 35 S., R. 9 W., United States mining laws. The Robert D. DeViney, Jr., Sec. 24, SW1⁄4SE1⁄4; proposed withdrawal as described in 1 1 1 1 Chief, Branch of Realty and Records Services. Sec. 25, NE ⁄4, SW ⁄4, SE ⁄4SW ⁄4, and the Federal Register is hereby cancelled NW1⁄4SE1⁄4; [FR Doc. 02–12675 Filed 5–20–02; 8:45 am] 1 1 1 in its entirety on May 21, 2002. Subject Sec. 26, SE ⁄4NE ⁄4, and SE ⁄4; BILLING CODE 4310–33–P to valid existing rights and other Sec. 31, lots 3 and 4, and S1⁄2SE1⁄4; segregations of record, the lands Sec. 32, lots 1 to 3, inclusive, S1⁄2SW1⁄4, described in the January notice are and SW1⁄4SE1⁄4; 1 1 DEPARTMENT OF THE INTERIOR opened to such uses as may by law be Sec. 33, lots 4 to 6, inclusive, SE ⁄4NW ⁄4, and E1⁄2SW1⁄4; made of National Forest System lands Bureau of Land Management Sec. 35, NE1⁄4, E1⁄2SW1⁄4, and W1⁄2SE1⁄4; including location and entry under the Sec. 36, NW1⁄4NW1⁄4. [OR–958–1430–ET; GPO–02–0039; OR– United States mining law. T. 35 S., R. 10 W., 56289 et al] On October 18, 2001, the United Sec. 2, lot 4, SW1⁄4NW1⁄4 and SW1⁄4; States Forest Service, filed an Sec. 3, lots 1 to 3, inclusive, S1⁄2NE1⁄4, Cancellation of Proposed Withdrawal, application to withdraw the following N1⁄2,SE1⁄4, and SE1⁄4SE1⁄4; and Notice of Proposed Withdrawal 1 1 1 1 1 described National Forest System lands Sec. 10, E ⁄2, SE ⁄4NW ⁄4, NE ⁄4SW ⁄4, and and Opportunity for a Public Meeting; 1 1 from location and entry under the S ⁄2SW ⁄4; California and Oregon 1 4 1 4 United States mining laws, subject to Sec. 11, lots 3 and 4, and SW ⁄ NW ⁄ ; Sec. 12, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, E1⁄2SW1⁄4, AGENCY: valid existing rights: 1 Bureau of Land Management, and SE ⁄4; Interior. Willamette Meridian Sec. 13, NE1⁄4, NE1⁄4NW1⁄4, S1⁄2NW1⁄4, ACTION: SW1⁄4, NE1⁄4SE1⁄4, and W1⁄2SE1⁄4; Notice. Siskiyou National Forest Sec. 15, NW1⁄4NE1⁄4, NW1⁄4, NE1⁄4SW1⁄4, SUMMARY: The United States Forest T. 32 S., R. 11 W., and W1⁄2SW1⁄4; 1 1 1 1 Service canceled its application to Sec. 5, E ⁄2SW ⁄4, and SW ⁄4SE ⁄4; Sec. 16, E1⁄2NE1⁄4 and SE1⁄4; 1 1 withdraw approximately 1,093,953 Sec. 8, lots 1 and 2, W ⁄2NE ⁄4, and Sec. 21, E1⁄2SW1⁄4 and E1⁄2; 1 1 acres of National Forest System lands to NE ⁄4NW ⁄4. Sec. 22, W1⁄2 and S1⁄2SE1⁄4; T. 32 S., R. 12 W., Sec. 23, E1⁄2 and SW1⁄4; protect the Siskiyou Wild Rivers area. 1 1 1 1 1 1 Sec. 26, W ⁄2E ⁄2, SE ⁄4NE ⁄4, E ⁄2NW ⁄4, Sec. 24, NW1⁄4NE1⁄4, S1⁄2NE1⁄4, W1⁄2, and This notice terminates the temporary 1 1 1 1 1 SW ⁄4NW ⁄4, SW ⁄4, and NE ⁄4SE ⁄4; SE1⁄4; segregation of the National Forest 1 1 1 1 1 1 1 1 1 Sec. 27, NE ⁄4SE ⁄4 and S ⁄2S ⁄2; Sec. 25, N ⁄2NE ⁄4, NW ⁄4, W ⁄2SW ⁄4, and 1 1 System lands described below from Sec. 28, SE ⁄4SE ⁄4; NE1⁄4SW1⁄4; 1 1 location and entry under the mining Sec. 33, E ⁄2 and SW ⁄4; Sec. 26, E1⁄2, NE1⁄4NW1⁄4, W1⁄2NW1⁄4, 1 1 1 laws. This notice also notifies the public Sec. 34, N ⁄2 and NW ⁄4SW ⁄4; NE1⁄4SW1⁄4, and S1⁄2SW1⁄4; 1 1 1 1 that the Forest Service proposes to Sec. 35, NE ⁄4NW ⁄4 and W ⁄2NW ⁄4. Sec. 27, N1⁄2 and N1⁄2SW1⁄4; withdraw approximately 82,829.35 T. 33 S., R. 12 W., Sec. 28, N1⁄2 and N1⁄2S1⁄2; 1 Sec. 9, lot 4 and SE ⁄4; Sec. 29, NE1⁄4, NE1⁄2NW1⁄4, S1⁄2NW1⁄4, acres of National Forest System lands in 1 Sec. 10, lots 1 to 4, inclusive, SW ⁄4, SW1⁄4, NE1⁄4SE1⁄4, and W1⁄2SE1⁄4; the Siskiyou National Forest to protect 1 1 1 1 NE ⁄4SE ⁄4, and W ⁄2SE ⁄4; Sec. 30, lots 1 to 4, inclusive, SE1⁄4NE1⁄4, endangered species and preserve 1 1 Sec. 15, W ⁄2W ⁄2; SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4; 1 outstanding botanical and scenic values. Sec. 16, E ⁄2; Sec. 31, N1⁄2NE1⁄4 and NE1⁄4NW1⁄4; Subject to valid existing rights, this Sec. 20, S1⁄2SE1⁄4; Sec. 34, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, NE1⁄4SW1⁄4, notice segregates the National Forest Sec. 21, NE1⁄4, SW1⁄4SW1⁄4, and N1⁄2SE1⁄4; S1⁄2SW1⁄4, and SE1⁄4;
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Sec. 35, N1⁄2NE1⁄4, NW1⁄4, W1⁄2SW1⁄4, and Sec. 30, lots 1 to 4, inclusive, and Sec. 17, N1⁄2 and N1⁄2SE1⁄4; NE1⁄4SW1⁄4; E1⁄2NW1⁄4; Sec. 18, NE1⁄4NE1⁄4; 1 1 Sec. 36, SE1⁄4SW1⁄4 and SE1⁄4. Sec. 31, NW ⁄4NW ⁄4; Sec. 27, S1⁄2NE1⁄4 and SE1⁄4; 1 1 1 T. 35 S., R. 101⁄2 W., Sec. 34, E ⁄2SW ⁄4 and SE ⁄4; Sec. 33, SE1⁄4; 1 1 1 1 1 Sec. 31, lots 3 and 4, SW1⁄4, and W1⁄2SE1⁄4. Sec. 35, S ⁄2NE ⁄4, SE ⁄4NW ⁄4, and S ⁄2; Sec. 34, lots 1 to 8, inclusive, NE1⁄4NE1⁄4, 1 1 T. 35 S., R. 11 W., Sec. 36, W ⁄2SW ⁄4. W1⁄2NE1⁄4, and NW1⁄4SE1⁄4. 1 Sec. 33, SE1⁄4SE1⁄4; T. 37 S., R. 12 ⁄2 W., T. 40 S., R. 10 W., 1 1 1 1 1 Sec. 34, lots 1 and 2, NE1⁄4SW1⁄4, Sec. 24, E ⁄2, NE ⁄4NW ⁄4, and SE ⁄4SW ⁄4; Secs. 2 and 3; 1 1 1 1 1 SW1⁄4SW1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4; Sec. 25, NE ⁄4, E ⁄2NW ⁄4, and E ⁄2SE ⁄4. Sec. 4, SE1⁄4NE1⁄4; Sec. 35, SW1⁄4NW1⁄4, SW1⁄4, and S1⁄2SE1⁄4; T. 37 S., R. 13 W., Sec. 8, SE1⁄4; Sec. 36, NE1⁄4SW1⁄4, S1⁄2SW1⁄4, and SE1⁄4. Protracted blocks 44 and 46. Sec. 9, E1⁄2, S1⁄2NW1⁄4, and SW1⁄4; T. 35 S., R. 13 W., T. 371⁄2 S., R. 12 W., Secs. 10 and 11; Sec. 31, lot 1, lots 3 to 8, inclusive, Sec. 25, lots 2 to 4, inclusive, lots 6 and Secs. 14 to 16, inclusive; portions of lots 2 and 9, N1⁄2NE1⁄4, 7; Sec. 17, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, NE1⁄4NW1⁄4, and SE1⁄4SE1⁄4; Sec. 26, lots 2 to 6, inclusive; and S1⁄2; Sec. 32, lots 4 and 5, NW1⁄4NW1⁄4, and Sec. 27, lot 1; Sec. 19, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, E1⁄2SW1⁄4, SW1⁄4SW1⁄4. Protracted blocks 43 and 44. SE1⁄4; T. 36 S., R. 9 W., T. 38 S., R. 8 W., Secs. 20 to 23, inclusive, and secs. 26 to 1 1 1 Sec. 4, lots 3 and 4, S1⁄2NW1⁄4, SW1⁄4, and Sec. 7, SE ⁄4NE ⁄4 and SE ⁄4; 29, inclusive; 1 1 NW1⁄4SE1⁄4; Sec. 8, lots 2 to 4, inclusive, W ⁄2E ⁄2, and Sec. 30, lots 2 to 4, inclusive, E1⁄2, and 1 Sec. 5, lots 1 to 4, inclusive, S1⁄2N1⁄2, W ⁄2; E1⁄2W1⁄2; NE1⁄4SW1⁄4, and N1⁄2SE1⁄4; Sec. 17; Protracted blocks 37 to 46, inclusive. 1 1 1 1 1 Sec. 6, lots 1 to 7, inclusive, S1⁄2NE1⁄4, Sec. 18, E ⁄2, SE ⁄4NW ⁄4, NE ⁄4SW ⁄4, and T. 40 S., R. 11 W., 1 2 1 4 SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and NW1⁄4SE1⁄4; S ⁄ SW ⁄ ; Sec. 25, NE1⁄4SE1⁄4 and S1⁄2SE1⁄4; protracted Sec. 7, lot 1. Secs. 19 and 20; blocks 42 and 43. T. 36 S., R. 10 W., Sec. 28, portion of M.S. No. 334; T. 40 S., R. 12 W., Sec. 29, lots 1 to 12, inclusive, portion of Sec. 1, lots 1 to 4, inclusive, S1⁄2N1⁄2, and Sec. 14, SW1⁄4NE1⁄4 and E1⁄2NW1⁄4; M.S. No. 334, NW1⁄4NE1⁄4, and S1⁄2; Sec. 15, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, N1⁄2SW1⁄4, NE1⁄4SW1⁄4; Sec. 2, S1⁄2N1⁄2 and S1⁄2; and NW1⁄4SE1⁄4; Sec. 30, W1⁄2NE1⁄4 and W1⁄2; Sec. 3, lots 2 to 4, inclusive, S1⁄2NW1⁄4, Sec. 16, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, and Sec. 31, NW1⁄4NW1⁄4. W1⁄2SW1⁄4, and E1⁄2SE1⁄4; N1⁄2SW1⁄4. T. 38 S., R. 9 W., Sec. 4, lot 1, S1⁄2NE1⁄4, S1⁄2SW1⁄4, and SE1⁄4; T. 40 S., R. 13 W., Sec. 24, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, E1⁄2SW1⁄4, Sec. 5, SW1⁄4, W1⁄2SE1⁄4, and SE1⁄4SE1⁄4; Sec. 12, lot 14; and SE1⁄4; Sec. 6, SE1⁄4SW1⁄4, and SE1⁄4; Sec. 13, NW1⁄4NW1⁄4. Sec. 25, E1⁄2, NW1⁄4, and NE1⁄4SW1⁄4; Sec. 7, lots 1 to 3, inclusive, NE1⁄4, T. 41 S., R. 6 W., Sec. 30, SE1⁄4SW1⁄4 and SW1⁄4SE1⁄4; E1⁄2NW1⁄4, NE1⁄4SW1⁄4, and NW1⁄4SE1⁄4; Sec. 7, lots 1 and 2, NE1⁄4, and W1⁄2NW1⁄4; Sec. 31, E1⁄2 and NE1⁄4SW1⁄4; Sec. 8, NE1⁄4 and N1⁄2NW1⁄4; Sec. 8, NE1⁄4NW1⁄4 and S1⁄2NW1⁄4. Sec. 32, S1⁄2NW1⁄4 and N1⁄2SW1⁄4; Sec. 9, E1⁄2, NW1⁄4, and N1⁄2SW1⁄4; T. 41 S., R. 7 W., 1 4 1 4 1 1 1 1 1 Sec. 36, NE ⁄ NE ⁄ . 1 1 Sec. 10, E ⁄2NE ⁄4, SW ⁄4NW ⁄4, and S ⁄2; T. 39 S., R. 9 W., Sec. 8, SE ⁄4SE ⁄4; Sec. 11, NE1⁄4, W1⁄2, NE1⁄4SE1⁄4, and Sec. 12, NE1⁄4NE1⁄4; Sec. 19, lots 2 to 4, inclusive, SW1⁄4NE1⁄4, W1⁄2SE1⁄4; Sec. 16, NW1⁄4NW1⁄4; SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4; Sec. 12, N1⁄2 and NW1⁄4SW1⁄4; Sec. 17, N1⁄2NE1⁄4. Sec. 29, SW1⁄4NW1⁄4 and W1⁄2SW1⁄4; Sec. 14, NE1⁄4NW1⁄4 and W1⁄2NW1⁄4; T. 41 S., R. 8 W., Sec. 30, lots 1 and 2, E1⁄2NW1⁄4, and E1⁄2; Sec. 15, NE1⁄4, N1⁄2NW1⁄4, and SE1⁄4NW1⁄4. Sec. 15, lot 1, W1⁄2NE1⁄4, and SE1⁄4NE1⁄4. Sec. 31, lot 4, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, T. 36 S., R. 11 W., T. 41 S., R. 9 W., E1⁄2SW1⁄4, and SE1⁄4; 1 1 1 Sec. 1, lots 1 to 4, inclusive, and 1 Sec. 4, lots 1 and 2, S ⁄2NE ⁄4, and S ⁄2; Sec. 32, W ⁄2. 1 1 1 1 SE ⁄4NE ⁄4; T. 39 S., R. 10 W., Sec. 5, S ⁄2SE ⁄4; 1 2 1 4 1 2 Sec. 2, lots 1 to 4, inclusive, and S ⁄ NW ⁄ ; Sec. 26, S1⁄2S1⁄2 and NE1⁄4SE1⁄4; Sec. 8, E ⁄ ; 1 2 1 4 1 2 1 2 1 4 Sec. 3, lots 1 to 4, inclusive, and S ⁄ NE ⁄ ; Sec. 34, S1⁄2; Sec. 17, lots 1 and 2, N ⁄ , N ⁄ SW ⁄ , and 1 4 1 4 1 4 1 4 Sec. 4, lots 1 to 6, inclusive, SW ⁄ NW ⁄ , Sec. 35, N1⁄2, SW1⁄4, N1⁄2SE1⁄4, and NW ⁄ SE ⁄ ; 1 2 1 4 1 4 and W ⁄ SW ⁄ ; SE1⁄4SE1⁄4; Sec. 18, lots 1 to 7, inclusive, NE ⁄ , Sec. 5, lot 1, SE1⁄4NE1⁄4, and E1⁄2SE1⁄4; Protracted blocks 44 to 46, inclusive. E1⁄2NW1⁄4, NE1⁄4SW1⁄4, and N1⁄2SE1⁄4. Sec. 13, S1⁄2; T. 39 S., R. 11 W., T. 41 S., R. 10 W., 1 1 1 1 1 1 1 1 Sec. 14, SE ⁄4, NE ⁄4SW ⁄4, and S ⁄2SW ⁄4; Sec. 9, SE1⁄4SE1⁄4; Sec. 3, NW ⁄4NE ⁄4 and NW ⁄4; 1 1 1 1 1 1 1 1 1 1 1 Sec. 15, SW ⁄4, W ⁄2SE ⁄4, and SE ⁄4SE ⁄4; Sec. 10, W1⁄2NW1⁄4, SE1⁄4NW1⁄4, and SW1⁄4; Sec. 4, NE ⁄4, W ⁄2, N ⁄2SE ⁄4, SW ⁄4SE ⁄4; 1 1 Sec. 16, lots 3 and 4, SE ⁄4SW ⁄4, Sec. 15, NW1⁄4. Secs. 5 and 6; NE1⁄4SE1⁄4, and S1⁄2SE1⁄4; T. 39 S., R. 12 W., Sec. 7, NE1⁄4; 1 1 1 1 1 1 1 1 Sec. 21, N ⁄2NE ⁄4 and NE ⁄4NW ⁄4; Sec. 28, W1⁄2NW1⁄4. Sec. 8, E ⁄2, NW ⁄4, N ⁄2SW ⁄4, and Sec. 22, NE1⁄4 and N1⁄2NW1⁄4; T. 40 S., R. 9 W., SE1⁄4SW1⁄4; Sec. 23, N1⁄2N1⁄2 and SW1⁄4NW1⁄4; Sec. 5, lot 4; Sec. 9, NW1⁄4NE1⁄4, NW1⁄4, and W1⁄2SW1⁄4. 1 1 Sec. 24, N ⁄2N ⁄2. Sec. 6, lots 1 to 7, inclusive, SW1⁄4NE1⁄4, T. 41 S., R. 11 W., T. 36 S., R. 12 W., SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SW1⁄4SE1⁄4; Sec. 1; 1 1 1 1 1 1 1 1 Sec. 22, SE ⁄4SE ⁄4; Sec. 7, lots 1 to 3, inclusive, W1⁄2NE1⁄4, Sec. 2, NE ⁄4NE ⁄4, S ⁄2NE ⁄4, NE ⁄4SW ⁄4, 1 1 1 1 1 1 1 Sec. 23, S ⁄2SW ⁄4 and SW ⁄4SE ⁄4; SE1⁄4NE1⁄4, E1⁄2W1⁄2, and SE1⁄4; S ⁄2SW ⁄4, and SE ⁄4; 1 1 1 1 1 1 Sec. 26, N ⁄2 and N ⁄2SW ⁄4; Sec. 8, W1⁄2SW1⁄4 and SE1⁄4SW1⁄4; Sec. 11, N ⁄2NE ⁄4 and NW ⁄4; 1 1 1 1 1 Sec. 27, NE ⁄4 and NE ⁄4SE ⁄4. Sec. 10, E1⁄2SE1⁄4; Sec. 12, NW ⁄4NW ⁄4. T. 36 S., R. 13 W., Sec. 11, lots 4 to 6, inclusive, and T. 41 S., R. 12 W., 1 1 1 1 1 Sec. 6, S ⁄2NE ⁄4 and SE ⁄4. N1⁄2SW1⁄4; Sec. 3, NW ⁄4NW ⁄4; 1 1 1 T. 37 S., R. 12 W., Sec. 13, NE1⁄4, S1⁄2NE1⁄4NW1⁄4, S1⁄2NW1⁄4, Sec. 7, lot 16, NE ⁄4, and SW ⁄4SE ⁄4; 1 1 1 1 1 1 1 1 1 Sec. 3, W ⁄2SW ⁄4 and SE ⁄4SW ⁄4; and N1⁄2S1⁄2; Sec. 8, SW ⁄4NE ⁄4, NW ⁄4, N ⁄2SW ⁄4, 1 1 1 1 1 1 Sec. 4, E ⁄2SE ⁄4; Sec. 14, NE1⁄4, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, SE ⁄4SW ⁄4, and W ⁄2SE ⁄4; 1 1 1 1 Sec. 18, S ⁄2SE ⁄4; SE1⁄4SW1⁄4NW1⁄4, SE1⁄4NW1⁄4, Sec. 11, SW ⁄4SE ⁄4; 1 1 1 1 1 1 1 Sec. 19, lots 2 to 4, inclusive, E ⁄2, and N1⁄2NE1⁄4SW1⁄4, and N1⁄2SE1⁄4; Sec. 14, S ⁄2N ⁄2, NE ⁄4NW ⁄4, NE ⁄4SW ⁄4, 1 1 1 1 E ⁄2W ⁄2; Sec. 15, NE1⁄4, W1⁄2, and N1⁄2SE1⁄4; and NW ⁄4SE ⁄4; Sec. 20, W1⁄2NW1⁄4, SE1⁄4NW, and Sec. 16, E1⁄2, W1⁄2NW1⁄4, SE1⁄4NW1⁄4, Sec. 17, S1⁄2NW1⁄4 and N1⁄2SW1⁄4; N1⁄2SW1⁄4; N1⁄2SW1⁄4, and SE1⁄4SW1⁄4; Sec. 18, lot 1 and NW1⁄4NE1⁄4.
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The area described contains approximately INTERNATIONAL TRADE 2002. The views of the Commission are 81,769.50 acres in Curry, Coos, Josephine, COMMISSION contained in USITC Publication 3505 and Douglas County. (May 2002), entitled Silicomanganese [Investigations Nos. 731–TA–929–931 (Final)] from India, Kazakahstan, and Humboldt Meridian Venezuela: Investigations Nos. 731–TA– Siskiyou National Forest Silicomanganese From India, 929–931 (Final). T. 18 N., R. 5 E., Kazakhstan, and Venezuela Issued: May 16, 2002. Sec. 1, W1⁄2SW1⁄4 and SE1⁄4SW1⁄4; By order of the Commission. Determinations Sec. 2, lots 2 to 4, inclusive, S1⁄2NE1⁄4, and Marilyn R. Abbott, 1 1 1 NE ⁄4SE ⁄4; On the basis of the record developed Secretary. 1 1 1 1 Sec. 12, E ⁄2NW ⁄4, SW ⁄4NW ⁄4, and in the subject investigations, the United [FR Doc. 02–12703 Filed 5–20–02; 8:45 am] W1⁄2SW1⁄4; States International Trade Commission BILLING CODE 7020–20–P Sec. 13, NW1⁄4 NW1⁄4. determines, pursuant to section 735(b) T. 19 N., R. 5 E., of the Tariff Act of 1930 (19 U.S.C. Sec. 34, lots 1, 3, 5, and 6, NE1⁄4SW1⁄4, 1673d(b)) (the Act), that an industry in INTERNATIONAL TRADE N1⁄2SE1⁄4, and SE1⁄4SE1⁄4. the United States is materially injured COMMISSION Sec. 35, W1⁄2SW1⁄4 and SE1⁄4SW1⁄4; by reason of imports from India, The area described contains 1,059.85 acres in Kazakhstan, and Venezuela of [Investigations Nos. 701–TA–426 and 731– TA–984–985 (Final)] Del Norte County. silicomanganese, provided for in subheading 7202.30.00 or statistical For a period of 90 days from the date Sulfanilic Acid From Hungary and reporting number 7202.99.5040 of the Portugal of publication of this notice, all persons Harmonized Tariff Schedule of the who wish to submit comments, United States, that have been found by AGENCY: United States International suggestions, or objections in connection the Department of Commerce to be sold Trade Commission. with the proposed withdrawal may in the United States at less than fair ACTION: Scheduling of the final phase of present their views in writing to the value (LTFV). countervailing duty and antidumping Forest Supervisor, Siskiyou National investigations. Forest, at the address stated above. Background SUMMARY: Notice is hereby given that a public The Commission instituted these The Commission hereby gives notice of the scheduling of the final meeting will be provided in connection investigations effective April 6, 2001, phase of countervailing duty with the proposed withdrawal. The following receipt of a petition filed with investigation No. 701–TA–426 (Final) times, dates, and places for the meetings the Commission and Commerce by Eramet Marietta Inc. (Marietta, OH) and under section 705(b) of the Tariff Act of will be announced in a subsequent 1930 (19 U.S.C. 1671d(b)) (the Act) and notice published in the Federal Register the Paper, Allied-Industrial, Chemical and Energy Workers International the final phase of antidumping at least 30 days before the scheduled Union, Local 5–0639. The final phase of investigations Nos. 731–TA–984–985 date of the meeting. the investigations was scheduled by the (Final) under section 735(b) of the Act The application will be processed in Commission following notification of (19 U.S.C. 1673d(b)) to determine accordance with the regulations set preliminary determinations by whether an industry in the United fourth in 43 CFR 2300. For a period of Commerce that imports of States is materially injured or 2 years from the date of publication of silicomanganese from India, threatened with material injury, or the this notice in the Federal Register, the Kazakhstan, and Venezuela were being establishment of an industry in the lands will be segregated from location sold at LTFV within the meaning of United States is materially retarded, by and entry under the United States section 733(b) of the Act (19 U.S.C. reason of subsidized imports from mining laws unless the application is 1673b(b)). Notice of the scheduling of Hungary of sulfanilic acid and less-than- denied or canceled or the withdrawal is the final phase of the Commission’s fair-value imports from Hungary and approved prior to that date. All investigations and of a public hearing to Portugal of sulfanilic acid, provided for temporary land uses identified in 43 be held in connection therewith was in subheadings 2921.42.22 and 2921.42.90 of the Harmonized Tariff CFR 2310.2(c) may be approved while given by posting copies of the notice in Schedule of the United States.1 the lands remain segregated which the Office of the Secretary, U.S. For further information concerning include, applications for licenses, International Trade Commission, Washington, DC, and by publishing the the conduct of this phase of the permits, cooperative agreements or investigations, hearing procedures, and other discretionary land use notice in the Federal Register of November 29, 2001 (66 FR 59596).2 The rules of general application, consult the authorizations of a temporary nature. hearing was held in Washington, DC, on Commission’s Rules of Practice and Locatable mineral operations (36 CFR April 2, 2002, and all persons who Procedure, part 201, subparts A through 228.3(a)) conducted on or for the benefit requested the opportunity were E (19 CFR part 201), and part 207, of mining claims located prior to the permitted to appear in person or by subparts A and C (19 CFR part 207). effective date of this segregation, can counsel. EFFECTIVE DATE: May 6, 2002. continue and may be allowed without The Commission transmitted its FOR FURTHER INFORMATION CONTACT: Gail first conducting a valid existing rights determinations in these investigations to Burns (202–205–2501), Office of determination. the Secretary of Commerce on May 16, Investigations, U.S. International Trade Dated: November 26, 2001. 1 Robert D. DeViney, Jr., The record is defined in sec. 207.2(f) of the 1 For purposes of these investigations, the Commission’s Rules of Practice and Procedure (19 Department of Commerce has defined the subject Chief, Branch of Realty and Records Services. CFR 207.2(f)). merchandise as ‘‘all grades of sulfanilic acid, which [FR Doc. 02–12676 Filed 5–20–02; 8:45 am] 2 On January 14, 2002, the Commission published include technical (or crude) sulfanilic acid, refined in the Federal Register a notice of revised schedule (or purified) sulfanilic acid and sodium salt of BILLING CODE 4310–33–P (67 FR 1783). sulfanilic acid.’’
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Commission, 500 E Street SW, provided that the application is made before July 31, 2002. On August 14, Washington, DC 20436. Hearing- no later than 21 days prior to the 2002, the Commission will make impaired persons can obtain hearing date specified in this notice. available to parties all information on information on this matter by contacting Authorized applicants must represent which they have not had an opportunity the Commission’s TDD terminal on 202– interested parties, as defined by 19 to comment. Parties may submit final 205–1810. Persons with mobility U.S.C. 1677(9), who are parties to the comments on this information on or impairments who will need special investigations. A party granted access to before August 16, 2002, but such final assistance in gaining access to the BPI in the preliminary phase of the comments must not contain new factual Commission should contact the Office investigations need not reapply for such information and must otherwise comply of the Secretary at 202–205–2000. access. A separate service list will be with § 207.30 of the Commission’s rules. General information concerning the maintained by the Secretary for those In addition, parties may submit Commission may also be obtained by parties authorized to receive BPI under comments on Commerce’s final accessing its internet server (http:// the APO. determination with respect to sulfanilic www.usitc.gov). The public record for Staff report.—The prehearing staff acid from Portugal no later than three these investigations may be viewed on report in the final phase of these working days after Commerce’s notice of the Commission’s electronic docket investigations will be placed in the final determination is published in the (EDIS-ON-LINE) at http:// nonpublic record on July 10, 2002, and Federal Register. All written dockets.usitc.gov/eol/public. a public version will be issued submissions must conform with the thereafter, pursuant to § 207.22 of the SUPPLEMENTARY INFORMATION: provisions of § 201.8 of the Commission’s rules. Background.—The final phase of Commission’s rules; any submissions Hearing.—The Commission will hold these investigations is being scheduled that contain BPI must also conform with a hearing in connection with the final the requirements of §§ 201.6, 207.3, and as a result of affirmative preliminary phase of these investigations beginning determinations by the Department of 207.7 of the Commission’s rules. The at 9:30 a.m. on July 24, 2002, at the U.S. Commission’s rules do not authorize Commerce that certain benefits which International Trade Commission constitute subsidies within the meaning filing of submissions with the Secretary Building. Requests to appear at the by facsimile or electronic means. of section 703 of the Act (19 U.S.C. hearing should be filed in writing with 1671b) are being provided to In accordance with §§ 201.16(c) and the Secretary to the Commission on or 207.3 of the Commission’s rules, each manufacturers, producers, or exporters before July 17, 2002. A nonparty who in Hungary of sulfanilic acid, and that document filed by a party to the has testimony that may aid the investigations must be served on all such products from Hungary and Commission’s deliberations may request Portugal are being sold in the United other parties to the investigations (as permission to present a short statement identified by either the public or BPI States at less than fair value within the at the hearing. All parties and meaning of section 733 of the Act (19 service list), and a certificate of service nonparties desiring to appear at the must be timely filed. The Secretary will U.S.C. 1673b). The investigations were hearing and make oral presentations requested in a petition filed on not accept a document for filing without should attend a prehearing conference a certificate of service. September 28, 2001, by Nation Ford to be held at 9:30 a.m. on July 19, 2002, Chemical Co., Fort Mill, SC. at the U.S. International Trade Authority: These investigations are being Participation in the investigations and Commission Building. Oral testimony conducted under authority of title VII of the Tariff Act of 1930; this notice is published public service list.—Persons, including and written materials to be submitted at industrial users of the subject pursuant to § 207.21 of the Commission’s the public hearing are governed by rules. merchandise and, if the merchandise is §§ 201.6(b)(2), 201.13(f), and 207.24 of sold at the retail level, representative the Commission’s rules. Parties must Issued: May 16, 2002. By order of the Commission. consumer organizations, wishing to submit any request to present a portion participate in the final phase of these of their hearing testimony in camera no Marilyn R. Abbott, investigations as parties must file an later than 7 days prior to the date of the Secretary. entry of appearance with the Secretary hearing. [FR Doc. 02–12704 Filed 5–20–02; 8:45 am] to the Commission, as provided in Written submissions.—Each party BILLING CODE 7020–02–P § 201.11 of the Commission’s rules, no who is an interested party shall submit later than 21 days prior to the hearing a prehearing brief to the Commission. date specified in this notice. A party Prehearing briefs must conform with the INTERNATIONAL TRADE that filed a notice of appearance during provisions of § 207.23 of the COMMISSION the preliminary phase of the Commission’s rules; the deadline for investigations need not file an filing is July 17, 2002. Parties may also Request for Information Concerning additional notice of appearance during file written testimony in connection Draft Miscellaneous Tariff Legislation this final phase. The Secretary will with their presentation at the hearing, as AGENCY: United States International maintain a public service list containing provided in § 207.24 of the Trade Commission. the names and addresses of all persons, Commission’s rules, and posthearing ACTION: Notice. or their representatives, who are parties briefs, which must conform with the to the investigations. provisions of § 207.25 of the SUMMARY: The United States Limited disclosure of business Commission’s rules. The deadline for International Trade Commission is proprietary information (BPI) under an filing posthearing briefs is July 31, 2002; seeking non-confidential general administrative protective order (APO) witness testimony must be filed no later information from interested parties, and BPI service list.—Pursuant to than three days before the hearing. In including proponents, on approximately § 207.7(a) of the Commission’s rules, the addition, any person who has not 400 pending bills proposing duty Secretary will make BPI gathered in the entered an appearance as a party to the suspensions or other tariff modifications final phase of these investigations investigations may submit a written on imported goods, from among the available to authorized applicants under statement of information pertinent to total number of such bills already the APO issued in the investigations, the subject of the investigations on or introduced (over 600). The Commission
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regularly provides this information to the two Congressional Committees. To locate a domestic producer or reasons the Committee on Ways and Means of expedite the collection of the prohibiting domestic production (such the House of Representatives and to the information needed by the Committees, as patent coverage); Committee on Finance of the Senate, the Commission is posting a list of bills (5) Estimated annual revenue loss based on longstanding requests from the for which general information is being (dutiable imports times applicable duty two Committees. These bills are under sought, indicating the subject of each rate) for each product covered by the consideration for possible enactment bill, on its Internet site, www.usitc.gov bill for 2002 and each year of the bill’s later this year; many of them are (under ‘‘New and Notable’’), and will be effective period or, if the proposal is for covered by a recent press release issued updating this list as additional bills are a permanent tariff change, through 2006; by the Subcommittee on Trade of the introduced. A link enabling users to (6) Other recommended technical Committee on Ways and Means (see obtain these bills over the Internet will changes and information relevant to http://waysandmeans.house.gov/trade/ be supplied as well. Persons without consideration of the bill. 107cong/tr-9.htm). Because of the large access to the Internet can contact the Issued: May 16, 2002. number of bills introduced in recent Office of Tariff Affairs and Trade By order of the Commission. weeks and the likely scheduling of Agreements (202–205–2592) to obtain Marilyn R. Abbott, Congressional proceedings for this copies of the list of bills under review Secretary. summer, the normal Commission or copies of individual bills. process for collecting and compiling Information supplied to the Commission [FR Doc. 02–12705 Filed 5–20–02; 8:45 am] this information is being suspended for will be compiled for use by the Congress BILLING CODE 7020–02–P the remainder of the 107th Congress, in its consideration of these bills; based on communications with the aggregate information on each bill will staffs of the two Committees. This be made available to the Congress and DEPARTMENT OF LABOR notice is intended to advise interested to government agencies requested by Office of the Secretary parties of the introduction of these bills Congress to evaluate each bill. While and to supplement the Commission’s Commission analysts will be Submission for OMB Review; efforts to contact interested parties and communicating directly with individual Comment Request collect the information needed by the firms, it is requested that firms and two Committees. other interested parties, particularly May 9, 2002. EFFECTIVE DATE: To be useful to the firms that may produce goods covered The Department of Labor (DOL) has Congress in its consideration, by pending bills in the United States, submitted the following public information is sought as soon as supply particular general information to information collection request (ICR) to possible but not later than July 15, 2002. ensure its availability to the Committees the Office of Management and Budget ADDRESSES: A single copy of the in a timely manner. Information need (OMB) for review and approval in information being supplied pursuant to not be supplied on all of the above items accordance with the Paperwork this notice can be sent by facsimile but can be supplied to the Commission Reduction Act of 1995 (Pub. L. 104–13, transmission to the Office of Tariff as it is available. Persons desiring to 44 U.S.C. Chapter 35). A copy of this Affairs and Trade Agreements, 202– register support for or objections to ICR, with applicable supporting 205–2616. Information or questions on particular bills should contact the documentation, may be obtained by bills concerning chemicals, relevant Congressional Committees calling the Department of Labor. To pharmaceuticals or related goods can be directly so that such views are available obtain documentation contact Darrin sent by electronic mail to David Beck, to the Members as quickly as possible. King on (202) 693–4129 or E–Mail: Nomenclature Analyst, at Accordingly, non-confidential [email protected]. [email protected] or mailed to the Office information of the following general Comments should be sent to Office of of Tariff Affairs and Trade Agreements, types is being sought for each bill, as Information and Regulatory Affairs, United States International Trade appropriate to the bill’s subject matter, Attn: OMB Desk Officer for ETA, Office Commission, Room 404-M, 500 E Street and information may be supplied on of Management and Budget, Room SW, Washington, DC 20436. Information any or all of these topics: 10235, Washington, DC 20503 ((202) (1) Chemical name of the product, if or questions on other bills can be sent 395–7316), within 30 days from the date the proposed tariff provision contains by electronic mail to Janis L. Summers, of this publication in the Federal only a trade or proprietary name; the Esq., at [email protected] or mailed to Register. Chemical Abstracts Service registry Room 404-J at the above address. The OMB is particularly interested in number, if missing from or incorrect in comments which: FOR FURTHER INFORMATION CONTACT: a bill dealing with a chemical product; • Evaluate whether the proposed David Beck, Nomenclature Analyst and the Colour Index name, for collection of information is necessary (202–205–2603); Janis L. Summers, Esq. chemical dyes and pigments; for the proper performance of the (202–205–2605); or Eugene A. (2) Suggested changes in product functions of the agency, including Rosengarden, Director, Office of Tariff description or in Harmonized Tariff whether the information will have Affairs and Trade Agreements (202– Schedule of the United States practical utility; 205–2592). classification, and basis therefor; Type of Review: Extension of a SUPPLEMENTARY INFORMATION: As (3) Estimated annual dutiable import currently approved collection. indicated above, due to the volume of levels (aggregate and for your firm) for Agency: Employment Standards pending legislation and the likely each product covered by the bill for Administration (ESA). scheduling of Congressional 2002 and each year of the bill’s effective Title: Occupancy Certificate—Migrant proceedings, the normal Commission period or, if the proposal is for a and Seasonal Agricultural Worker process for collecting and compiling permanent tariff change, through 2006; Protection Act. general information on miscellaneous (4) Current, past, or future domestic OMB Number: 1215–0158. tariff bills is being suspended for the production of each product covered by Affected Public: Farms, Individuals or remainder of the 107th Congress, based the bill by your firm and by other firms; households; Business or other for-profit. on communications with the staffs of if none, any efforts by your firm to Frequency: On Occasion.
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Number of Respondents: 60. 395–7316), within 30 days from the date DEPARTMENT OF LABOR Number of Annual Responses: 60. of this publication in the Federal Estimated Time Per Response: 3 Register. Office of the Secretary minutes. The OMB is particularly interested in Total Burden Hours: 4. comments which: Submission for OMB Review; Total Annualized Capital/Startup • Evaluate whether the proposed Comment Request Costs: $0. collection of information is necessary May 14, 2002. Total Annual Costs (operating/ for the proper performance of the The Department of Labor (DOL) has maintaining systems or purchasing functions of the agency, including submitted the following public services): $0. whether the information will have information collection requests (ICRs) to Description: Section 203(b)(1) of the practical utility; the Office of Management and Budget Migrant and Seasonal Agricultural • Evaluate the accuracy of the (OMB) for review and approval in Worker Protection Act (MSPA) and agency’s estimate of the burden of the accordance with the Paperwork Section 500.135(b) of Regulations 29 proposed collection of information, Reduction Act of 1995 (Pub. L. 104–13; CFR part 500, provide that any person including the validity of the 44 U.S.C. Chapter 35). A copy of each who owns or controls a facility or real methodology and assumptions used; individual ICR, with applicable property to be used for housing migrant • Enhance the quality, utility, and supporting documentation, may be agricultural workers shall not permit clarity of the information to be obtained by calling the Department of such housing to be occupied by any collected; and worker unless a copy of a certificate of • Minimize the burden of the Labor. To obtain documentation contact occupancy from State, Local, or Federal collection of information on those who Marlene Howze at ((202) 693–4158 or agency which conducted the housing are to respond, including through the Email [email protected]. Comments should be sent to Office of safety and health inspection, is posted use of appropriate automated, Information and Regulatory Affairs, at the site of the facility or real property. electronic, mechanical, or other Attn: OMB Desk Officer for ESA, Office Form WH–520 is the form used to technological collection techniques or of Management and Budget, Room gather information to determine other forms of information technology, 10235, Washington, DC 20503 ((202) whether or not the facility meets the e.g., permitting electronic submission of 395–7316), within 30 days from the date applicable safety and health standards, responses. and also serve as the certificate of Agency: Employment and Training of this publication in the Federal occupancy. If the information were not Administration (ETA). Register. collected, it would not be possible to Type of Review: New collection. The OMB is particularly interested in ascertain which facility had been comments which: Title: Workforce Investment Act • inspected and certified as meeting (WIA) National Emergency Grant (NEG) Evaluate whether the proposed applicable safety and health standards Financial Reporting Requirements. collection of information is necessary and who is responsible for maintaining OMB Number: 1205–0NEW. for the proper performance of the those standards. Affected Public: State, Local, or Tribal functions of the agency, including Government; Not-for-profit institutions; whether the information will have Ira L. Mills, practical utility; Departmental Clearance Officer. and Business or other for-profit. • Frequency: Quarterly. Evaluate the accuracy of the [FR Doc. 02–12696 Filed 5–20–02; 8:45 am] Type of Response: Reporting. agency’s estimate of the burden of the BILLING CODE 4510–27–M Number of Respondents: 40. proposed collection of information, Number of Annual Responses: 320. including the validity of the Estimated Time Per Response: .5 methodology and assumptions used; DEPARTMENT OF LABOR • hours. Enhance the quality, utility, and clarity of the information to be Office of the Secretary Total Burden Hours: 160. Total Annualized Capital/Startup collected; and minimize the burden of Submission for OMB Review; Costs: $0. the collection of information on those Comment Request Total Annual Costs (operating/ who are to respond, including through maintaining systems or purchasing the use of appropriate automated, May 14, 2002. services): $0. electronic, mechanical, or other The Department of Labor (DOL) has Description: In accordance with the technological collection techniques or submitted the following public Workforce Investment Act of 1998 other forms of information technology, information collection request (ICR) to (Public Law 105–220) and 20 CFR 652 e.g., permitting electronic submission of the Office of Management and Budget et al., the National Emergency Grant responses. (OMB) for review and approval in Financial Reporting requirements have Type of Review: Extension of a accordance with the Paperwork been developed to achieve compliance currently approved collection. Reduction Act of 1995 (Pub. L. 104–13, with the statute. Furthermore, the Agency: Employment Standards 44 U.S.C. Chapter 35). A copy of this Regulations at 20 CFR 667.300 require Administration (ESA). ICR, with applicable supporting that DOL issue financial reporting Title: 29 CFR Part 825, The Family documentation, may be obtained by instructions to the States and other and Medical Leave Act of 1993. calling the Department of Labor. To direct grant recipients. These financial OMB Number: 1215–0181. obtain documentation contact Darrin reporting requirements represent the Affected Public: Individuals or King on (202) 693–4129 or E-Mail: King- DOL’s only means for obtaining the households; Business or other for-profit; [email protected]. statutorily required data. Not-for-profit institutions; Farms; State, Comments should be sent to Office of Local or Tribal Government. Information and Regulatory Affairs, Ira L. Mills, Frequency: On Occasion. Attn: OMB Desk Officer for ETA, Office Departmental Clearance Officer. Number of Respondents: 4.7 million. of Management and Budget, Room [FR Doc. 02–12697 Filed 5–20–02; 8:45 am] Number of Annual Responses: 10.107 10235, Washington, DC 20503 ((202) BILLING CODE 4510–30–M million.
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Estimated Time Per Response: 1 to 10 Workforce on issues guided by DEPARTMENT OF LABOR minutes. Executive Order 13218. Total Burden Hours: 718,529. Bureau of Labor Statistics Total Annualized Capital/Startup DATE, TIME & LOCATION: The Council and Costs: $0. its Committees will meet on June 18, Proposed collection; comment request Total Annual Costs (operating/ 2002 from 8:30 am to approximately 4 maintaining systems or purchasing pm. The location of the meeting will be ACTION: Notice. services): $0. the Secretary’s Conference Room, U.S. SUMMARY: The Department of Labor, as Description: The Family and Medical Department of Labor, Francis Perkins part of its continuing effort to reduce Leave Act of 1993 (FMLA), Public Law Building, 200 Constitution Avenue NW., paperwork and respondent burden, 103–3, 107 Stat. 6, 29 U.S.C. 2601, Washington, DC 20210. conducts a pre-clearance consultation which became effective on August 5, FOR FURTHER INFORMATION CONTACT: program to provide the general public 1993, requires private sector employers and Federal agencies with an of 50 or more employees, and public Russell Harris, in the Secretary’s Office of the 21st Century Workforce, room S– opportunity to comment on proposed agencies to provide up to 12 weeks of and/or continuing collections of 2229, 200 Constitution Ave. NW., unpaid, job-protected leave during any information in accordance with the Washington, DC 20210. The contact 12-month period to ‘‘eligible’’ Paperwork Reduction Act of 1995 employees for certain family and telephone number is (202)–693–6490. (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This medical reasons. The information SUPPLEMENTARY INFORMATION: The program helps to ensure that requested collections involve third-party Council and it’s Committees will meet data can be provided in the desired notifications between the employer and on June 18, 2002 in Washington, DC. format, reporting burden (time and the employees. These requirements are The meeting is open to the public. The financial resources) is minimized, necessary to ensure that both employers agenda for this meeting includes a: collection instruments are clearly and employees are aware of and can understood, and the impact of collection exercise their rights and meet their b Welcome and remarks by the Secretary requirements on respondents can be respective obligations under FMLA. The of Labor properly assessed. Currently, the Bureau b record-keeping requirement are Welcome and remarks by the Director of of Labor Statistics (BLS) is soliciting necessary in order for the Department of the Office of the 21st Century Workforce comments concerning the proposed b Labor to carry out its statutory Briefing by Department of Labor (DOL) revision of ‘‘The Consumer Expenditure Officials obligation under section 106 of FMLA to Surveys: The Quarterly Interview and b Committee meeting on the Skills Gap, investigate and ensure employer the Diary.’’ A copy of the proposed the Changing Demographics and Workplace compliance. Without requiring information collection request (ICR) can Issues employers to maintain these records, it be obtained by contacting the individual b Reception would not be possible for the listed below in the ADDRESSES section of Department of Labor to determine An official record of the meeting will this notice. compliance. be available for public inspection, in the DATES: Written comments must be Ira L. Mills, Office of the 21st Century Workforce. submitted to the office listed in the Departmental Clearance Officer. All inquires should be addressed to the ADDRESSES section below on or before [FR Doc. 02–12698 Filed 5–20–02; 8:45 am] Office of the 21st Century Workforce at July 22, 2002. BILLING CODE 4510–27–M the address and telephone number ADDRESSES: Send comments to Amy A. provide in the FOR FURTHER INFORMATION Hobby, BLS Clearance Officer, Division CONTACT section. of Management Systems, Bureau of DEPARTMENT OF LABOR Labor Statistics, Room 4080, 2 Individuals needing special Massachusetts Avenue, NE., Office of the Secretary of Labor accommodations for the Council or Washington, DC 20212, telephone Committee meeting should contact number 202–691–7628. (This is not a Notice of Meeting; President’s Council Russell Harris at telephone number toll free number.) on the 21st Century Workforce and the (202) 693–6490 before June 10, 2002 at FOR FURTHER INFORMATION CONTACT: Committees on Skills Gap, the above address. Amy A. Hobby, BLS Clearance Officer, Demographics and Workplace Issues Interested parties may submit written telephone number 202–691–7628. (See AGENCY: Office of the Secretary of Labor, data, views or comments, preferably 20 ADDRESSES section.) DOL. copies, to Russell Harris at the address SUPPLEMENTARY INFORMATION: ACTION: listed above. The Office of the 21st Notice of a meeting of the I. Background President’s Council on the 21st Century Century Workforce will provide Workforce and meeting of Committees. submissions received prior to the The Consumer Expenditure (CE) meeting to the appropriate Committees surveys collect data on consumer SUMMARY: Pursuant to Executive Order and will include each submission in the expenditures, demographic information, 13218, the Secretary of Labor will hold record of the meeting. and related data needed by the a meeting of the President’s Council on Consumer Price Index (CPI) and other the 21st Century Workforce, hereafter Signed at Washington, DC, On May 15, public and private data users. The (The Council). This is the first meeting 2002. continuing surveys provide a constant of The Council and it’s Committees on Shelley S. Hymes, measurement of changes in consumer the Skills Gap, the Changing Director, Office of the 21st Century Workforce. expenditure patterns for economic Demographics and Workplace Issues. [FR Doc. 02–12694 Filed 5–20–02; 8:45 am] analysis and to obtain data for future The Council and its Committees will BILLING CODE 4510–23–P CPI revisions. The CE Surveys have provide information and advice to the been ongoing since 1979. President, through the Secretary of The data from the CE Surveys are Labor and the Office of the 21st Century used (1) for CPI revisions; (2) to provide
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a continuous flow of data on income family for two consecutive one-week streamline the reading of questions with and expenditure patterns for use in periods. The primary objective of the automatic ‘‘fills’’ of pronouns or economic analysis and policy Diary Survey is to obtain expenditure previously reported data. formulation; and (3) to provide a data on small, frequently purchased The race and ethnicity questions have flexible consumer survey vehicle that is items which normally are difficult to been modified in both the Quarterly available for use by other Federal recall over longer periods of time. Interview and the Diary in accordance Government agencies. Public and II. Desired Focus of Comments with the Office of Management and private users of price statistics, Budget’s (OMB) 1997 published including Congress and the economic The Bureau of Labor Statistics is ‘‘Standards for Maintaining, Collecting, policy making agencies of the Executive particularly interested in comments and Presenting Federal Data on Race that: branch, rely on data collected in the CPI • and Ethnicity’’. The placement and in their day-to-day activities. Hence, Evaluate whether the proposed collection of information is necessary exact wording of these questions were data users and policy makers widely based on consultations with the accept the need to improve the process for the proper performance of the functions of the agency, including interagency group formed to study the used for revising the CPI. If the CE implementation of these standards, in Surveys were not conducted on a whether the information will have practical utility; an effort to maintain comparability with continuing basis, current information • Evaluate the accuracy of the other household surveys collecting this necessary for more timely, as well as agency’s estimate of the burden of the information. more accurate, updating of the CPI proposed collection of information, The response category ‘‘unmarried would not be available. In addition, data including the validity of the partner’’ was added to the question would not be available to respond to the methodology and assumptions used; defining each household member’s continuing demand—from the public • Enhance the quality, utility, and relationship to the reference person. and private sectors—for current clarity of the information to be Previously, this response was a ‘‘write- information on consumer spending. collected; and in’’ under ‘‘other’’ on the questionnaire. In the Quarterly Interview Survey, • Minimize the burden of the If this category is selected, the person is each consumer unit (CU) in the sample collection of information on those who automatically included in the reference is interviewed every three months over are to respond, including through the person’s consumer unit without asking five calendar quarters. The sample for use of appropriate automated, the subsequent financial responsibility each quarter is divided into three electronic, mechanical, or other questions. panels, with CU’s being interviewed technological collection techniques or The wording of the question every three months in the same panel of other forms of information technology, concerning receipt of cash assistance/ every quarter. The Quarterly Interview e.g., permitting electronic submissions welfare was reworded in the Quarterly Survey is designed to collect data on the of responses. Interview Survey to ensure respondents types of expenditures that respondents correctly include all benefits received can be expected to recall for a period of III. Current Action from state and local government three months or longer. In general the The BLS and the Census Bureau have agencies. expenses reported in the Interview converted the paper and pencil CE Survey are either relatively large, such Quarterly Interview Survey to a Type of Review: Revision of a as property, automobiles, or major computer assisted personal interview currently approved collection. appliances, or are expenses which occur (CAPI) instrument. The CE Quarterly Agency: Bureau of Labor Statistics. on a fairly regular basis, such as rent, Interview CAPI instrument will be Title: The Consumer Expenditure utility bills, or insurance premiums. implemented in April, 2003. Surveys: The Quarterly Interview and The Diary (or recordkeeping) Survey Minor wording changes were made in the Diary. is completed at home by the respondent the CAPI version of the questionnaire to OMB Number: 1220–0050.
Estimated Form Total Frequency Total Average Time Total Burden Respondents Responses per Response (hours)
CE Quarterly Interview CAPI Instrument ...... 9,629 4 38,516 90 57,774 Quarterly Interview Reinterview ...... 2,118 1 2,118 15 530 CE Diary: CE–802 Household Questionnaire ...... 7,745 3 23,235 25 9,681 CE Diary: CE–801, Record of Your Daily Expenses ...... 7,745 2 15,490 105 27,108 CE Diary Reinterview CE–880 CE–880(N) ...... 1,293 1 1,293 12 259
Totals ...... 17,374 ...... 80,652 ...... 95,352 Please note: Reinterview respondents are a subset of the original number of respondents for each survey. Therefore, they are not counted again in the totals.
Affected Public: Individuals or information collection request; they also NATIONAL AERONAUTICS AND households. will become a matter of public record. SPACE ADMINISTRATION Total Burden Cost (capital/startup): Signed at Washington, DC, this 8th day of $0. May, 2002. [Notice (02–057)] Total Burden Cost (operating/ Jesu´ s Salinas, NASA Advisory Committee; Notice of maintenance): $0. Acting Chief, Division of Management Establishment Comments submitted in response to Systems, Bureau of Labor Statistics. this notice will be summarized and/or [FR Doc. 02–12695 Filed 5–20–02; 8:45 am] AGENCY: National Aeronautics and included in the request for Office of BILLING CODE 4510–24–P Space Administration (NASA). The Management and Budget approval of the Administrator of the National
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Aeronautics and Space Administration Dated: May 9, 2002. NATIONAL AERONAUTICS AND has determined that the establishment Sylvia K. Kraemer, SPACE ADMINISTRATION of an Aerospace Medicine and Advisory Committee Management Officer, [Notice (02–059)] Occupational Health Advisory National Aeronautics and Space Committee is necessary and in the Administration. NASA Advisory Council, Space public interest in connection with the [FR Doc. 02–12625 Filed 5–20–02; 8:45 am] Science Advisory Committee, performance of duties imposed upon BILLING CODE 7510–01–P Education and Public Outreach Task NASA by law. This determination Force; Meeting follows consultation with the AGENCY: National Aeronautics and Committee Management Secretariat, NATIONAL AERONAUTICS AND Space Administration (NASA). General Services Administration. SPACE ADMINISTRATION ACTION: Notice of Meeting. Name of Committee: Aerospace Medicine and Occupational Health [Notice (02–058)] SUMMARY: In accordance with the Advisory Committee. Federal Advisory Committee Act, Public NASA Advisory Council; Meeting Law 92–463, as amended, the National Purpose and Objective: The Aeronautics and Space Administration Committee will advise the NASA AGENCY: National Aeronautics and announces a forthcoming meeting of the Administrator through the NASA Space Administration. NASA Advisory Council (NAC), Space Advisory Council on programs, policies, ACTION: Notice of Meeting. Science Advisory Committee (SScAC), plans, and other matters pertinent to the Education and Public Outreach (E/PO) Agency’s responsibilities for aerospace Task Force. SUMMARY: In accordance with the medicine and occupational health. DATES: Tuesday, June 11, 2002, 9:00 Aerospace medicine responsibilities Federal Advisory Committee Act, Public Law 92–463, as amended, the National a.m. to 5:00 p.m., and Friday, June 14, broadly relate to all health and medical 2002, 1:00 p.m. to 5:00 p.m. Aeronautics and Space Administration issues impacting space flight. ADDRESSES: Union League Club of Occupational health responsibilities announces a meeting of the NASA Advisory Council. Chicago, 65 West Jackson Boulevard, include compliance with externally Chicago, Illinois 60604. mandated occupational safety and DATES: Tuesday, June 11, 2002, 8:00 FOR FURTHER INFORMATION CONTACT: Dr. health requirements and the provision a.m. to 6:00 p.m.; and Wednesday, June Jeffrey D. Rosendhal, Code S, National of effective, uniform basic health 12, 2002, 8:00 a.m. to 12:30 p.m. Aeronautics and Space Administration, services to employees of the Agency. Washington, DC 20546, (202) 358–2470. The Committee’s advice will span ADDRESSES: National Aeronautics and Space Administration, Room MIC– SUPPLEMENTARY INFORMATION: The crucial health and safety practices in all meeting will be open to the public up work environments, on the ground, in 7H46, 300 E Street, SW, Washington, DC 20546. to the capacity of the room. The agenda the air, and in space. Areas of advice for the meeting includes the following will include the direction and FOR FURTHER INFORMATION CONTACT: Mr. topics: requirements for NASA’s clinical Lee Pagel, Code IC, National —Discussion with OSS E/PO Broker/ research in support of human space Aeronautics and Space Administration, Facilitators flight, standards for occupational health Washington, DC 20546, 202/358–4621. —Discussion with OSS E/PO Forum and medical practice, and medical and Leads SUPPLEMENTARY INFORMATION: ethical standards for human and animal The —General Discussion research and clinical practice. meeting will be open to the public up —Work Assignments to the seating capacity of the room. The It is imperative that the meeting be held Balanced Membership Plans: The agenda for the meeting is as follows: Committee will consist of 6 to 11 on these dates to accommodate the scheduling priorities of the key members. At least one member of the —Agency Status on ISS Program participants. Visitors will be requested Office of Biological and Physical —NASA Education Initiative to sign a visitor’s register. Research Advisory Committee, the —Discussion of Findings and May 8, 2002. Space Flight Advisory Committee, and Recommendations the Aerospace Safety Advisory Panel Sylvia K. Kraemer, will be appointed to the Committee to It is imperative that the meeting be held Advisory Committee Management Officer, ensure robust communication and on these dates to accommodate the National Aeronautics and Space integration between these advisory scheduling priorities of the key Administration. groups on all matters affecting health. participants. [FR Doc. 02–12627 Filed 5–20–02; 8:45 am] Membership will be balanced with Visitors will be requested to sign a BILLING CODE 7510–01–P experts in Aerospace Medicine, visitors register. Occupational Health, clinical medicine Dated: May 8, 2002. NATIONAL AERONAUTICS AND practice, and medical management. Sylvia K. Kraemer, SPACE ADMINISTRATION Duration: Continuing. Advisory Committee Management Officer, [Notice 02–062] Responsible NASA Official: Dr. National Aeronautics and Space Richard S. Williams, Chief Health and Administration. NASA Advisory Council, Space Medical Officer, National Aeronautics [FR Doc. 02–12626 Filed 5–20–02; 8:45 am] Science Advisory Committee, and Space Administration, 300 E Street, BILLING CODE 7510–01–P Astronomical Search for Origins and SW., Washington, DC 20546, telephone Planetary Systems Subcommittee 202/358–0702. AGENCY: National Aeronautics and Space Administration (NASA).
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ACTION: Notice of meeting. for Reductive Dehalogenation of Dated: May 15, 2002. DNAPLs,’’ are available for licensing on Robert M. Stephens, SUMMARY: In accordance with the a nonexclusive basis. Both of these Deputy General Counsel. Federal Advisory Committee Act, Public inventions are assigned to the United [FR Doc. 02–12692 Filed 5–20–02; 8:45 am] Law 92–463, as amended, the National States of America as represented by the BILLING CODE 7510–01–P Aeronautics and Space Administration Administrator of the National announces a forthcoming meeting of the Aeronautics and Space Administration. NASA Advisory Council (NAC), Space Science Advisory Committee (SScAC), FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY Astronomical Search for Origins and Randy Heald, Assistant Chief Counsel/ COMMISSION Planetary Systems Subcommittee (OS). Patent Counsel, Kennedy Space Center, [Docket Nos. 50–413 AND 50–414] Mail Code CC–A, Kennedy Space DATES: Thursday, June 6, 2002, 8:30 a.m. to 5:30 p.m., and Friday, June 7, 2002, Center, FL 32899–0001, telephone (321) Duke Energy Corporation, Catawba 8:30 a.m. to 5:30 p.m. 867–7214. Nuclear Station, Units 1 and 2; Notice ADDRESSES: NASA Headquarters, May 8, 2002. of Availability of the Draft Supplement Conference Room 5H46, 300 E Street, Robert M. Stephens, 9 to the Generic Environmental Impact SW, Washington, DC 20546. Deputy General Counsel. Statement and Public Meeting for the License Renewal of Catawba Units 1 FOR FURTHER INFORMATION CONTACT: Ms. [FR Doc. 02–12628 Filed 5–20–02; 8:45 am] and 2 Marian Norris, Code SB, National BILLING CODE 7510–01–P Aeronautics and Space Administration, Notice is hereby given that the U. S. Washington, DC 20546, (202) 358–4452. Nuclear Regulatory Commission (the SUPPLEMENTARY INFORMATION: The NATIONAL AERONAUTICS AND Commission) has published a draft meeting will be open to the public up SPACE ADMINISTRATION plant-specific supplement to the to the capacity of the room. The agenda Generic Environmental Impact for the meeting includes the following [Notice 02–061] Statement (GEIS), NUREG–1437, topics: regarding the renewal of operating Notice of Prospective Patent License • OSS Budget licenses NPF–35 and NPF–52 for an • Origins Update additional 20 years of operation at AGENCY: National Aeronautics and • Starlight Update Catawba Nuclear Station, Units 1 and 2 Space Administration. • Terrestrial Planet Finder Update (Catawba). Catawba is located in York • SOFIA Data Cycle System Update ACTION: Notice of prospective patent County, South Carolina. Possible • Origins Roadmap Review license. alternatives to the proposed action • Origins Government Performance and (license renewal) include no action and Results Act Review SUMMARY: NASA hereby gives notice reasonable alternative energy sources. • Astronomy and Physics Working that Veridian Engineering, Inc. of The draft supplement to the GEIS is Group Report Dayton, Ohio, 45440–3638 has applied available electronically for public • Space Archives Working Group for an exclusive license to practice the inspection in the NRC Public Document Report inventions disclosed in U.S. Patent No. Room located at One White Flint North, It is imperative that the meeting be 5,736,642, entitled ‘‘Nonlinear 11555 Rockville Pike (first floor), held on these dates to accommodate the Ultrasonic Scanning to Detect Material Rockville, Maryland, or from the scheduling priorities of the key Defects,’’ U.S. Patent No. 6,343,513, Publicly Available Records (PARS) participants. Visitors will be requested entitled ‘‘Non-Destructive Evaluation component of NRC’s document system to sign a visitor’s register. Method and Apparatus for Measuring (ADAMS). ADAMS is accessible from Dated: May 15, 2002. Acoustic Material Nonlinearity,’’ and the NRC Web site at http://www.nrc.gov/ NASA Case No. LAR 15927–1 entitled Sylvia K. Kraemer, reading-rm.html (the Public Electronic ‘‘Method and Apparatus to Reading Room). If you do not have Advisory Committee Management Officer, Ultrasonically Determine Fatigue State,’’ National Aeronautics and Space access to ADAMS or if there are Administration. for which a U.S. Patent Application was problems in accessing the documents filed and assigned to the United States [FR Doc. 02–12691 Filed 5–20–02; 8:45 am] located in ADAMS, contact the NRC of America as represented by the Public Document Room (PDR) Reference BILLING CODE 7510–01–P Administrator of the National staff at 1–800–397–4209, or 301–415– Aeronautics and Space Administration. 4737, or by e-mail to [email protected]. In NATIONAL AERONAUTICS AND Written objections to the prospective addition, the York County Library, SPACE ADMINISTRATION grant of a license should be sent to located at 138 Black Street, Rock Hill, Langley Research Center. NASA has not South Carolina, has agreed to make the [Notice (02–060)] yet made a determination to grant the draft supplement to the GEIS available requested license and may deny the for public inspection. Notice of Prospective Patent License requested license even if no objections Any interested party may submit AGENCY: National Aeronautics and are submitted within the comment comments on the draft supplement to Space Administration. period. the GEIS for consideration by the NRC staff. To be certain of consideration, ACTION: Notice of Availability. DATES: Responses to this notice must be comments on the draft supplement to received by June 5, 2002. SUMMARY: NASA hereby gives notice the GEIS and the proposed action must that U.S. Patent No. 6,207,114 entitled, FOR FURTHER INFORMATION CONTACT: be received by August 9, 2002. ‘‘Reactive Material Placement Helen M. Galus, Patent Attorney, Comments received after the due date Technique for Groundwater Treatment,’’ Langley Research Center, Mail Stop 212, will be considered if it is practical to do and NASA Case No. KSC–12246, Hampton, VA 23681–2199, telephone so, but the NRC staff is able to assure entitled, ‘‘Zero-Valent Metal Emulsion (757) 864–3227; fax (757) 864–9190. consideration only for comments
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received on or before this date. Written needed to attend or present information Oral statements may be presented by comments on the draft supplement to at the public meeting, the need should members of the public with the the GEIS should be sent to: Chief, Rules be brought to Mr. Wilson’s attention no concurrence of the Subcommittee and Directives Branch, Division of later than June 21, 2002, to provide the Chairman; written statements will be Administrative Services, Office of NRC staff adequate notice to determine accepted and made available to the Administration, Mail Stop T–6D 59, whether the request can be Committee. Electronic recordings will U.S. Nuclear Regulatory Commission, accommodated. be permitted only during those portions Washington, DC 20555–0001. FOR FURTHER INFORMATION, CONTACT: Mr. of the meeting that are open to the Comments may be hand-delivered to James H. Wilson, License Renewal and public, and questions may be asked only the NRC at 11545 Rockville Pike, Environmental Impacts Program, by members of the Subcommittees, their Rockville, Maryland, between 7:45 a.m. Division of Regulatory Improvement consultants, and staff. Persons desiring and 4:15 p.m. on Federal workdays. Programs, U.S. Nuclear Regulatory to make oral statements should notify Electronic comments may be submitted Commission, Washington, DC 20555. the Designated Federal Official named to the NRC by the Internet at Mr. Wilson may be contacted at the below five days prior to the meeting, if [email protected]. All comments aforementioned telephone number or e- possible, so that appropriate received by the Commission, including mail address. arrangements can be made. those made by Federal, State, and local During the initial portion of the agencies, Indian tribes, or other Dated at Rockville, Maryland, this 13th day of May, 2002. meeting, the Subcommittees, along with interested persons, will be made any of their consultants who may be available electronically at the For the Nuclear Regulatory Commission. John R. Tappert, present, may exchange preliminary Commission’s Public Document Room views regarding matters to be in Rockville, Maryland and from the Acting Program Director, License Renewal and Environmental Impacts, Division of considered during the balance of the Publicly Available Records (PARS) meeting. component of NRC’s document system Regulatory Improvement Programs, Office of The Subcommittees will then hear (ADAMS). Nuclear Reactor Regulation. The NRC staff will hold public [FR Doc. 02–12687 Filed 5–20–02; 8:45 am] presentations by and hold discussions meetings to present an overview of the BILLING CODE 7590–01–P with representatives of the NRC staff, draft plant-specific supplement to the Electric Power Research Institute (EPRI), GEIS and to accept public comments on Materials Reliability Program (MRP), the document. The public meetings will NUCLEAR REGULATORY First Energy Nuclear Operating be held in the auditorium at the Council COMMISSION Company (FENOC), and other interested persons regarding this review. Chamber at the City Hall, located at 155 Advisory Committee on Reactor Johnston Street, Rock Hill, South Further information regarding topics Safeguards; Joint Meeting of the ACRS Carolina on June 27, 2002. There will be to be discussed, whether the meeting Subcommittees on Materials and two sessions to accommodate interested has been canceled or rescheduled, and Metallurgy and on Plant Operations; parties. The first session will commence the Chairman’s ruling on requests for Notice of Meeting at 1:30 p.m. and will continue until 4:30 the opportunity to present oral p.m. The second session will commence The ACRS Subcommittees on statements and the time allotted at 7:00 p.m. and will continue until Materials and Metallurgy and on Plant therefor, can be obtained by contacting 10:00 p.m. Both meetings will be Operations will hold a joint meeting on the Designated Federal Official, Ms. transcribed and will include (1) a June 5, 2002, Room T–2B3, 11545 Maggalean W. Weston (telephone 301– presentation of the contents of the draft Rockville Pike, Rockville, Maryland. 415–3151) between 7:30 a.m. and 5:00 plant-specific supplement to the GEIS, The entire meeting will be open to p.m. (EDT). Persons planning to attend and (2) the opportunity for interested public attendance. this meeting are urged to contact the government agencies, organizations, and The agenda for the subject meeting above named individual one or two individuals to provide comments on the shall be as follows: working days prior to the meeting to be draft report. Additionally, the NRC staff advised of any potential changes to the Wednesday, June 5, 2002—8:30 a.m. will host informal discussions one hour agenda that may have occurred. Until the Conclusion of Business prior to the start of each session at the Dated: May 15, 2002. The Subcommittees will discuss the same location. No comments on the Sher Bahadur, draft supplement to the GEIS will be Root Cause Report and Repair Plan associated with the Davis-Besse vessel Associate Director for Technical Support, accepted during the informal ACRS/ACNW. discussions. To be considered, head degradation, the status of [FR Doc. 02–12688 Filed 5–20–02; 8:45 am] comments must be provided either at licensees’ response to Bulletin 2001–01, the transcribed public meetings or in ‘‘Circumferential Cracking of Reactor BILLING CODE 7590–01–P writing. Persons may pre-register to Pressure Vessel Head Penetration Nozzles,’’ Bulletin 2002–01, ‘‘Reactor attend or present oral comments at the NUCLEAR REGULATORY Pressure Vessel Head Degradation and meeting by contacting Mr. James H. COMMISSION Wilson by telephone at 1–800–368– Reactor Coolant Pressure Boundary 5642, extension 1108, or by Internet to Integrity,’’ and data used to support Advisory Committee on Reactor the NRC at [email protected] no later findings related to the control rod drive Safeguards; Joint Meeting of the ACRS than June 21, 2002. Members of the mechanism (CRDM) penetration Subcommittees on Plant Operations public may also register to provide oral cracking and the reactor pressure vessel and on Fire Protection; Notice of comments within 15 minutes of the start (RPV) head degradation. The purpose of Meeting of each session. Individual oral this meeting is to gather information, comments may be limited by the time analyze relevant issues and facts, and The ACRS Subcommittees on Plant available, depending on the number of formulate proposed positions and Operations and on Fire Protection will persons who register. If special actions, as appropriate, for deliberation hold a joint meeting on June 19, 2002, equipment or accommodations are by the full Committee. in Region II, at the Sam Nunn Atlanta
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Federal Center, 23 T85, 61 Forsyth Dated: May 15, 2002. longer wish to receive it, or would like Street, SW, Atlanta, Georgia. Sher Bahadur, to be added to the distribution, please The entire meeting will be open to Associate Director for Technical Support, contact the Office of the Secretary, public attendance. ACRS/ACNW. Washington, DC 20555 (301–415–1969). [FR Doc. 02–12689 Filed 5–20–02; 8:45 am] In addition, distribution of this meeting The agenda for the subject meeting BILLING CODE 7590–01–P notice over the Internet sysetm if shall be as follows: available. If you are interested in receiving this Commission meeting Wednesday, June 19, 2002—8:30 a.m. NUCLEAR REGULATORY schedule electronically, please send an Until the Conclusion of Business COMMISSION electronic message to [email protected]. The Subcommittees will discuss the Sunshine Act Meeting Dated: May 16, 2002. performance of the plants in Region II David Louis Gamberoni, including fire protection issues, and DATE: Weeks of May 20, 27, June 3, 10, Technical Coordinator, Office of the other plant related information. The 17, 24, 2002. Secretary. purpose of this meeting is to gather PLACE: Commissioners’ Conference [FR Doc. 02–12822 Filed 5–17–02; 8:45 am] information, analyze relevant issues and Room, 11555 Rockville Pike, Rockville, BILLING CODE 7590–01–M facts, and to formulate proposed Maryland. positions and actions, as appropriate, STATUS: Public and Closed. for deliberation by the full Committee. MATTERS TO BE CONSIDERED: SECURITIES AND EXCHANGE Oral statements may be presented by COMMISSION Week of May 20, 2002 members of the public with the [File No. 1–11663] concurrence of the Subcommittee There are no meetings scheduled for the Chairman and written statements will Week of May 20, 2002. Issuer Delisting; Notice of Application be accepted and made available to the Week of May 27, 2002. To Withdraw From Listing and Registration; (Community Banks, Inc., Committee. Electronic recordings will Tuesday, May 28, 2002 be permitted only during those portions Common Stock, $5.00 par value) From 9:30 a.m.—Discussion of Security Issues the American Stock Exchange LLC of the meeting that are open to the (Closed—Ex. 1) public, and questions may be asked only Wednesday, May 29, 2002 May 15, 2002. by members of the Subcommittees, their Community Banks, Inc., a consultants, and staff. Persons desiring 9:25 a.m.—Affirmation Session (Public Meeting) (if needed) Pennsylvania corporation (‘‘Issuer’’), has to make oral statements should notify 9:30 a.m.—Briefing on the Status of New filed an application with the Securities the Designated Federal Official named Reactor Licensing Activities (Public and Exchange Commission below five days prior to the meeting, if Meeting) (Contact: Joseph Williams, 301– (‘‘Commission’’), pursuant to Section possible, so that appropriate 415–1470) 12(d) of the Securities Exchange Act of arrangements can be made. This meeting will be webcast live at the 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) Web address—www.nrc.gov 2 During the initial portion of the thereunder, to withdraw its Common meeting, the Subcommittees, along with Week of June 3, 2002—Tentative Stock, $5.00 par value (‘‘Security’’), from listing and registration on the any of their consultants who may be Friday, June 7, 2002 present, may exchange preliminary American Stock Exchange LLC (‘‘Amex’’ 9:00 a.m.—Briefing on Strategic Workforce or ‘‘Exchange’’). views regarding matters to be Planning and Human Capital Initiatives The Issuer stated in its application considered during the balance of the (Closed—Ex. 2)—New Date, originally scheduled for June 6, 2002) that it has met the requirements of meeting. Amex Rule l8 by complying with all The Subcommittees will then hear Week of June 10, 2002—Tentative applicable laws in effect in the state of presentations by and hold discussions There are no meetings scheduled for the Pennsylvania, in which it is with representatives of the Region II Week of June 10, 2002. incorporated, and with the Amex’s rules personnel, and other interested persons Week of June 17, 2002, 2002—Tentative governing an issuer’s voluntary regarding matters scheduled for this There are no meetings scheduled for the withdrawal of a security from listing meeting. Week of June 17, 2002. and registration. The Board of Trustees (‘‘Board’’) of Further information regarding topics Week of June 24, 2002—Tentative the Issuer approved a resolution on to be discussed, whether the meeting 10:30 a.m.—All Employees Meeting (Public March 25, 2002 to withdraw the Issuer’s has been canceled or rescheduled, and Meeting) Security from listing on the Amex and the Chairman’s ruling on requests for 1:30 p.m.—All Employees Meeting (Public to list its Security on the Nasdaq the opportunity to present oral Meeting) National Market (‘‘Nasdaq’’). The Issuer statements and the time allotted *The schedule for Commission hopes to increase trading volume and therefore, can be obtained by contacting meetings is subject to change on short the liquidity of its Security by listing on the Designated Federal Official, Ms. notice. To verify the status of meetings the Nasdaq. The Issuer stated in its Maggalean W. Weston (telephone 301/ call (recording—(301) 415–1292. application that trading in the Security 415–3151) between 8:00 a.m. and 5:30 Contact person for more information began on the Nasdaq at the opening of p.m. (EDT). Persons planning to attend David Louis Gamberoni (301) 415–1651. business on May 14, 2002. this meeting are urged to contact the The NRC Commission Meeting The Issuer’s application relates solely above named individual one or two Schedule can be found on the Internet to the Security’s withdrawal from listing working days prior to the meeting to be at: www.nrc.gov/what-we-do/policy- on the Amex and from registration advised of any potential changes to the making/schedule.html agenda that may have occurred. This notice is distributed by mail to 1 15 U.S.C. 78l(d). several hundred subscribers; if you no 2 17 CFR 240.12d2–2(d).
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under Section 12(b) of the Act 3 and out the procedures for submitting new to goods entered, or withdrawn from shall not affect its obligation to be exclusion requests. warehouse for consumption, on or after registered under Section 12(g) of the EFFECTIVE DATE: May 21, 2002. 12:01 a.m., EST, on March 20, 2002, 4 Act. FOR FURTHER INFORMATION CONTACT: Proclamation 7529 modifies the HTS so Any interested person may, on or Office of Industry, Office of the United as to provide for such increased duties before June 7, 2002, submit by letter to States Trade Representative, 600 17th and a tariff-rate quota. Proclamation the Secretary of the Securities and Street, NW, Room 501, Washington DC 7529 also delegated to the USTR the Exchange Commission, 450 Fifth Street, 20508. Telephone (202) 395–5656. authority to further consider exclusion requests submitted in accordance with NW, Washington, DC 20549–0609, facts SUPPLEMENTARY INFORMATION: On the procedures set out in the Notice and, bearing upon whether the application October 22, 2001, the U.S. International upon publication in the Federal has been made in accordance with the Trade Commission (ITC) issued Register of a notice of his finding that rules of the Amex and what terms, if affirmative determinations under a particular product should be any, should be imposed by the section 202(b) of the Trade Act (22 excluded, to modify the HTS provisions Commission for the protection of U.S.C. 2252(b)) that (1) carbon and alloy created by the Annex to that investors. The Commission, based on steel slabs, plate (including cut-to- proclamation to exclude such particular the information submitted to it, will length plate and clad plate), hot-rolled product from the pertinent safeguard issue an order granting the application sheet and strip (including plate in coils), measure. USTR published a notice in 67 after the date mentioned above, unless cold-rolled sheet and strip (other than FR 16484 (April 5, 2002), excluding the Commission determines to order a grain-oriented electrical steel), and hearing on the matter. certain particular products from the corrosion-resistant and other coated safeguard measure. For the Commission, by the Division of sheet and strip; (2) carbon and alloy hot- On April 18, 2002, USTR published a Market Regulation, pursuant to delegated rolled bar and light shapes; (3) carbon authority.5 notice in the Federal Register informing and alloy cold-finished bar; (4) rebar; (5) interested persons of the need for Jonathan G. Katz, carbon and alloy welded tubular additional information with regard to Secretary. products (other than oil country tubular both previously submitted exclusion [FR Doc. 02–12690 Filed 5–20–02; 8:45 am] goods); (6) carbon and alloy flanges, requests and previously submitted BILLING CODE 8010–01–P fittings, and tool joints; (7) stainless oppositions to those requests. It steel bar and light shapes; and (8) instructed interested persons to provide stainless steel rod are being imported in this information in response to such increased quantities as to be a questionnaires available on the websites OFFICE OF THE UNITED STATES substantial cause of serious injury, or TRADE REPRESENTATIVE of USTR and the U.S. Department of the threat thereof, to the domestic Commerce. The notice provided further Procedures for Consideration of New industries producing those products. that, to the extent possible, USTR would Requests for Exclusion of Particular The Commissioners voting were equally consider requests for exclusion of Products From Actions With Regard to divided with respect to the products that have not received an X Certain Steel Products Under Section determination under section 202(b) of number. It asked interested persons 203 of the Trade Act of 1974, as the Trade Act as to whether increased requesting the exclusion of such a Established in Presidential imports of (9) carbon and alloy tin mill product to respond to the questionnaire Proclamation 7529 of March 5, 2002 products; (10) tool steel, all forms; (11) before May 20, 2002, and indicated that stainless steel wire; and (12) stainless procedures for submitting such AGENCY: Office of the United States steel flanges and fittings are being additional requests for exclusion will be Trade Representative. imported in such increased quantities as announced in a subsequent Federal ACTION: Notice. to be a substantial cause of serious Register notice. injury, or the threat thereof, to the USTR, in conjunction with the U.S. SUMMARY: Presidential Proclamation domestic industries producing those Department of Commerce, has 7529 of March 5, 2002 established products. developed a series of questions designed actions under section 203 of the Trade On October 26, 2001, the Trade Policy to elicit information for products that Act of 1974, as amended, (19 U.S.C. Staff Committee (TPSC) published a have not been excluded from the 2253) (safeguard measures) with regard Federal Register notice that requested remedy and currently are not subject to to certain steel products, and authorized comments on what action the President reconsideration requests. The the United States Trade Representative should take under section 203 of the information required clearly identifies (USTR) to further consider requests for Trade Act, including any exclusion the product under consideration and exclusion of particular products from requests. The TPSC received more than provides detailed information on the the safeguard measure that had been 200 requests, covering approximately requestor’s situation. These questions, submitted in accordance with a Federal 1000 particular products. Each request presented in the form of a new Register notice published on October was assigned a tracking number, exclusion request questionnaire, are 26, 2001 (66 FR 54321). In a notice beginning with an X (the X number), available on the USTR and Commerce published on April 18, 2002, USTR and posted on the USTR website, http:/ Department websites at http:// established procedures for further /www.ustr.gov/sectors/industry/ ia.ita.doc.gov/steel/exclusion/. Parties consideration of such requests and steel201/exclusionlrequests.htm. applying for an exclusion of their provided that, to the extent possible, it On March 5, 2002, the President product from the remedy should would consider new exclusion requests issued Proclamation 7529, which provide responses to this questionnaire submitted after the time period established safeguard measures in the by May 20, 2002. specified in the Notice. This notice sets form of increases in duty and a tariff- USTR, in conjunction with the rate quota pursuant to section 203 of the Commerce Department, has developed a 3 15 U.S.C. 78l(b). Trade Act on imports of ten steel series of questions designed to 4 15 U.S.C. 78l(g). products described in paragraph 7 of substantiate any objections to these new 5 17 CFR 200.30–3(a)(1). that proclamation. Effective with respect requests for exclusion. These questions,
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presented in the form of an objector After new exclusion request other aspect of the information questionnaire, will be available on the questionnaires have been received, the collection to USTR at the address above. USTR and Commerce Department Commerce Department will assign an Robert B. Zoellick, websites at http://ia.ita.doc.gov/steel/ alpha-numeric designator such as United States Trade Representative. exclusion/. Interested persons should ‘‘N299.3’’ assigned to the requested [FR Doc. 02–12624 Filed 5–20–02; 8:45 am] submit a complete objector product. Requestors will be notified of questionnaire at a date to be determined the assigned alpha-numeric designator BILLING CODE 3190–01–P and announced shortly. for each product as soon as possible If a complete response to the new after receipt of the submission. All exclusion request questionnaire with parties must use this alpha-numeric DEPARTMENT OF TRANSPORTATION regard to a particular product has not designator in every subsequent Surface Transportation Board been received by the date indicated reference to that exclusion request. above, USTR may disregard the [STB Finance Docket No. 34195] exclusion request for that product. To We strongly discourage the ensure that an interested party’s submission of business confidential Bighorn Divide & Wyoming Railroad position is considered in the context of information. Any questionnaire Inc.—Acquisition and Operation the exclusion request, a complete response that contains business Exemption—Rail Lines of Bad Water response to the objector questionnaire confidential information must be Line, Inc. and Lost Cabin Gas Plant should be submitted no later than the accompanied by six copies of a public Line in Riverton, WY, and of The due date, which will be determined and summary that does not contain business Burlington Northern and Santa Fe announced shortly. confidential information, and a diskette Railway Company Between Lysite, WY Each request will be evaluated on a containing an electronic version of the and Shobon, WY case-by-case basis. USTR will grant only public summary. Any paper submission Bighorn Divide & Wyoming Railroad those exclusions that do not undermine and diskette containing business Inc. (BDW), a noncarrier, has filed a the objectives of the safeguard measures. confidential information must be clearly verified notice of exemption under 49 In analyzing the requests, USTR will marked ‘‘Business Confidential’’ at the CFR 1150.31 to acquire and operate rail consider whether the product is top and bottom of the cover page (or lines of: (a) Bad Water Line Inc. (BDL) currently being produced in the United letter) and each succeeding page of the extending from milepost 0.0 at Shobon States, whether substitution of the submission, and on the label of the (switch on The Burlington Northern and product is possible, whether diskette. The version that does not Santa Fe Railway Company (BNSF) at qualification requirements affect the contain business confidential BNSF milepost 303.9) to milepost 4.1 at requestor’s ability to use domestic information should also be clearly the town of Shoshoni, WY, and of Lost products, inventories, whether the marked, at the top and bottom of each Cabin Gas Plant Line extending from requested product is under development page, ‘‘public version’’ or milepost 0.0 at Lysite (at BNSF milepost by a U.S. producer who will imminently ‘‘nonconfidential,’’ and on the label of 282.7) to milepost 3.89 at Lost Cabin, be able to produce it in commercial the diskette. WY, a total distance of 7.99 miles; and quantities and any other relevant (b) BDL’s trackage rights agreement with factors. Where necessary, USTR and/or Paperwork Reduction Act BNSF between milepost 282.5 at Lysite the Commerce Department will meet and milepost 306.0 near Shobon, WY, a with parties to discuss the information This notice contains a collection of distance of 23.5 miles.1 BDW states that that was submitted and/or to gain information provision subject to the its projected annual revenues do not additional information. Paperwork Reduction Act (PRA) that the exceed those that would qualify it as a Every effort will be made to process Office of Management and Budget Class III carrier. requests as soon as possible consistent (OMB) has approved. Notwithstanding The transaction was scheduled to be with resources and the quality of any other provision of law, no person is consummated on May 1, 2002. information that is received. required to respond to nor shall a If the verified notice contains false or Proclamation 7529 also authorizes person be subject to a penalty for failure misleading information, the exemption USTR to exclude particular products to comply with a collection of is void ab initio. Petitions to revoke the from the safeguard measures in March information subject to the requirements exemption under 49 U.S.C. 10502(d) of any year in which a safeguard of the PRA unless that collection of may be filed at any time. The filing of measure remains in effect. To the extent information displays a currently valid a petition to revoke will not possible, information submitted in OMB number. This notice’s collection of automatically stay the transaction. accordance with this notice will be used information burden is only for those An original and 10 copies of all in the evaluation of whether to grant persons who wish voluntarily to request pleadings, referring to STB Finance additional exclusions pursuant to this the exclusion of a product from the Docket No. 34195, must be filed with authority, so as to avoid repetitive safeguard measures. USTR has the Surface Transportation Board, Case submission of information. submitted the new exclusion request Submission of Requests for Exclusion questionnaire to OMB for approval 1 Because BDW is acquiring BDL’s rights in a and Opposition to Requests for under the Paperwork Reduction Act. It trackage rights agreement that had already existed with BNSF, and not acquiring or entering into a Exclusion is expected that the collection of new trackage rights agreement, this proceeding is an Parties should follow the instructions information burden will be no more acquisition and operation exemption. The owners than 20 hours. This collection of of BDL have agreed to reorganize the Subchapter S posted on the USTR and Commerce Corporation, BDL, as a Subchapter S Corporation Department web sites at http:// information contains no annual named BDW. Real property of BDL is being ia.ita.doc.gov/steel/exclusion/. Failure reporting or record keeping burden. transferred to a Limited Liability Company (LLC), to follow the instructions posted there Please send comments regarding the named BDW, LLC. Applicant states that these collection of information burden or any changes are for both tax and public relations may result in rejection of the purposes and include all assets owned by the questionnaire submission. former Bad Water Railway, LLC.
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Control Unit, 1925 K Street, N.W., on a highway motor vehicle with a DEPARTMENT OF THE TREASURY Washington, DC 20423–0001. In taxable gross weight of more than addition, a copy of each pleading must 75,000 pounds. Internal Revenue Service be served on Clifford Root, 642 South Current Actions: There are no changes Proposed Collection; Comment Federal Blvd., Riverton, WY 82501. being made to the form at this time. Board decisions and notices are Request for Revenue Procedures available on our website at Type of Review: Extension of a 2002–37, 2002–38, and 2002–39 currently approved collection. ‘‘WWW.STB.DOT.GOV.’’ AGENCY: Internal Revenue Service (IRS), Decided: May 15, 2002. Affected Public: Business or other for- Treasury. By the Board, David M. Konschnik, profit organizations. ACTION: Notice and request for Director, Office of Proceedings. Estimated Number of Respondents: comments. Vernon A. Williams, 110,000. Secretary. SUMMARY: The Department of the Estimated Time Per Respondent: 4 [FR Doc. 02–12699 Filed 5–20–02; 8:45 am] Treasury, as part of its continuing effort hours, 57 minutes. BILLING CODE 4915–00–P to reduce paperwork and respondent Estimated Total Annual Burden burden, invites the general public and Hours: 544,500. other Federal agencies to take this DEPARTMENT OF THE TREASURY The following paragraph applies to all opportunity to comment on proposed of the collections of information covered and/or continuing information Internal Revenue Service by this notice: collections, as required by the Paperwork Reduction Act of 1995, Proposed Collection; Comment An agency may not conduct or Public Law 104–13 (44 U.S.C. Request for Form 2290–EZ sponsor, and a person is not required to 3506(c)(2)(A)). Currently, the IRS is respond to, a collection of information soliciting comments concerning AGENCY: Internal Revenue Service (IRS), unless the collection of information Revenue Procedures 2002–37, 2002–38, Treasury. displays a valid OMB control number. 2002–39, Changes in Periods of ACTION: Notice and request for Books or records relating to a collection Accounting. comments. of information must be retained as long DATES: Written comments should be SUMMARY: The Department of the as their contents may become material received on or before July 22, 2002 to be Treasury, as part of its continuing effort in the administration of any internal assured of consideration. revenue law. Generally, tax returns and to reduce paperwork and respondent ADDRESSES: Direct all written comments burden, invites the general public and tax return information are confidential, to Glenn P. Kirkland, Internal Revenue other Federal agencies to take this as required by 26 U.S.C. 6103. Service, room 6411, 1111 Constitution opportunity to comment on proposed Request for Comments: Comments Avenue NW., Washington, DC 20224. and/or continuing information submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: collections, as required by the be summarized and/or included in the Requests for additional information or Paperwork Reduction Act of 1995, request for OMB approval. All copies of revenue procedures should be Public Law 104–13 (44 U.S.C. comments will become a matter of directed to Carol Savage, (202) 622– 3506(c)(2)(A)). Currently, the IRS is public record. Comments are invited on: 3945, or through the Internet soliciting comments concerning Form (a) Whether the collection of ([email protected].), Internal 2290–EZ, Heavy Highway Vehicle Use information is necessary for the proper Revenue Service, room 6407, 1111 Tax Return for Filers With a Single performance of the functions of the Constitution Avenue NW., Washington, Vehicle. agency, including whether the DC 20224. DATES: Written comments should be information shall have practical utility; SUPPLEMENTARY INFORMATION: received on or before July 22, 2002 to be (b) the accuracy of the agency’s estimate Title: Changes in Periods of assured of consideration. of the burden of the collection of Accounting. ADDRESSES: Direct all written comments information; (c) ways to enhance the OMB Number: 1545–1786. to Glenn P. Kirkland, Internal Revenue quality, utility, and clarity of the Revenue Procedure Numbers: Service, room 6411, 1111 Constitution information to be collected; (d) ways to Revenue Procedures 2002–37, 2002–38, Avenue NW., Washington, DC 20224. minimize the burden of the collection of and 2002–39. FOR FURTHER INFORMATION CONTACT: information on respondents, including Abstract: Revenue Procedures 2002– Requests for additional information or through the use of automated collection 37, 2002–38, and 2002–39, provide the copies of the form and instructions techniques or other forms of information comprehensive administrative rules and should be directed to Carol Savage, technology; and (e) estimates of capital guidance, for affected taxpayers (202) 622–3945, or through the Internet or start-up costs and costs of operation, adopting, changing, or retaining annual ([email protected].), Internal maintenance, and purchase of services accounting periods, for federal income Revenue Service, room 6407, 1111 to provide information. tax purposes. In order to determine Constitution Avenue NW., Washington, whether a taxpayer has properly DC 20224. Approved: May 14, 2002. adopted, changed to, or retained an SUPPLEMENTARY INFORMATION: Glenn P. Kirkland, annual accounting period, certain Title: Heavy Highway Vehicle Use IRS Reports Clearance Officer. information regarding the taxpayer’s Tax Return for Filers With a Single [FR Doc. 02–12722 Filed 5–20–02; 8:45 am] qualification for and use of the requested annual accounting period is Vehicle. BILLING CODE 4830–01–P OMB Number: 1545–1781. required. The revenue procedures Form Number: 2290–EZ. request the information necessary to Abstract: Form 2290–EZ may be used make that determination when the instead of Form 2290 to pay the tax due information is not otherwise available.
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Current Actions: There are no changes DEPARTMENT OF VETERANS Estimated Average Burden Per being made to these revenue procedures AFFAIRS Respondent: 20 minutes. at this time. [OMB Control No. 2900–0115] Frequency of Response: On Occasion. Type of Review: Extension of a Estimated Number of Respondents: 2,400. currently approved collection. Agency Information Collection Activities Under OMB Review Affected Public: Business or other for- Dated: May 9, 2002. By direction of the Secretary. profit organization, individuals, not-for- AGENCY: Veterans Benefits profit institutions and farms. Administration, Department of Veterans Genie McCully, Affairs. Acting Director, Information Management Estimated Number of Respondents: Service. 800. ACTION: Notice. [FR Doc. 02–12673 Filed 5–20–02; 8:45 am] Estimated Average Time Per SUMMARY: In compliance with the BILLING CODE 8320–01–P Respondent: 53 minutes. Paperwork Reduction Act (PRA) of 1995 Estimated Total Annual Burden (44 U.S.C., 3501 et seq.), this notice Hours: 700. announces that the Veterans Benefits DEPARTMENT OF VETERANS AFFAIRS Also, the burden is reflected in the Administration (VBA), Department of Veterans Affairs, has submitted the burdens of Forms 1128 and 2553. collection of information abstracted [OMB Control No. 2900–0408] The following paragraph applies to all below to the Office of Management and of the collections of information covered Budget (OMB) for review and comment. Agency Information Collection by this notice: The PRA submission describes the Activities Under OMB Review An agency may not conduct or nature of the information collection and AGENCY: Veterans Benefits its expected cost and burden; it includes sponsor, and a person is not required to Administration, Department of Veterans the actual data collection instrument. respond to, a collection of information Affairs. unless the collection of information DATES: Comments must be submitted on ACTION: Notice. displays a valid OMB control number. or before June 20, 2002. Books or records relating to a collection FOR FURTHER INFORMATION CONTACT: SUMMARY: In compliance with the of information must be retained as long Denise McLamb, Information Paperwork Reduction Act (PRA) of 1995 as their contents may become material Management Service (045A4), (44 U.S.C., 3501 et seq.), this notice in the administration of any internal Department of Veterans Affairs, 810 announces that the Veterans Benefits revenue law. Generally, tax returns and Vermont Avenue, NW, Washington, DC Administration (VBA), Department of tax return information are confidential, 20420, (202) 273–8030, FAX (202) 273– Veterans Affairs, has submitted the as required by 26 U.S.C. 6103. 5981 or e-mail: collection of information abstracted [email protected]. Please below to the Office of Management and Request for Comments: Comments refer to ‘‘OMB Control No. 2900–0115.’’ Budget (OMB) for review and comment. submitted in response to this notice will Send comments and The PRA submission describes the be summarized and/or included in the recommendations concerning any nature of the information collection and request for OMB approval. All aspect of the information collection to its expected cost and burden; it includes comments will become a matter of VA’s OMB Desk Officer, OMB Human the actual data collection instrument. public record. Comments are invited on: Resources and Housing Branch, New DATES: Comments must be submitted on (a) Whether the collection of Executive Office Building, Room 10235, or before June 20, 2002. information is necessary for the proper Washington, DC 20503 (202) 395–7316. FOR FURTHER INFORMATION CONTACT: performance of the functions of the Please refer to ‘‘OMB Control No. 2900– Denise McLamb, Information agency, including whether the 0115’’ in any correspondence. Management Service (045A4), information shall have practical utility; SUPPLEMENTARY INFORMATION: Department of Veterans Affairs, 810 Title: Supporting Statement Regarding (b) the accuracy of the agency’s estimate Vermont Avenue, NW, Washington, DC of the burden of the collection of Marriage, VA Form 21–4171. OMB Control Number: 2900–0115. 20420, (202) 273–8030, FAX (202) 273– information; (c) ways to enhance the 5981 or e-mail: quality, utility, and clarity of the Type of Review: Reinstatement, with change, of a previously approved [email protected]. Please information to be collected; (d) ways to collection for which approval has refer to ‘‘OMB Control No. 2900–0408.’’ minimize the burden of the collection of expired. Send comments and information on respondents, including Abstract: The data collected is used to recommendations concerning any through the use of automated collection determine if a marital relationship has aspect of the information collection to techniques or other forms of information been established and benefits are VA’s OMB Desk Officer, OMB Human technology; and (e) estimates of capital payable based on a claim of common Resources and Housing Branch, New or start-up costs and costs of operation, law marriage. Executive Office Building, Room 10235, maintenance, and purchase of services An agency may not conduct or Washington, DC 20503 (202) 395–7316. to provide information. sponsor, and a person is not required to Please refer to ‘‘OMB Control No. 2900– 0408’’ in any correspondence. Approved: May 14, 2002. respond to a collection of information unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: Glenn P. Kirkland, control number. The Federal Register Titles: IRS Reports Clearance Officer. Notice with a 60-day comment period a. Manufactured Home Loan Claim [FR Doc. 02–12723 Filed 5–20–02; 8:45 am] soliciting comments on this collection Under Loan Guaranty (Manufactured BILLING CODE 4830–01–P of information was published on Home Unit Only), VA Form 26–8629. February 21, 2002, at page 8066. b. Manufactured Home Loan Claim Affected Public: Individuals or Under Loan Guaranty (Combination households. Loan ‘‘ Manufactured Home Unit and Estimated Annual Burden: 800 hours. Lot or Lot Only), VA Form 26–8630.
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OMB Control Number: 2900–0408. Lot or Lot Only), VA Form 26–8630—3 5:00 p.m. The meeting is open to the Type of Review: Extension of a hours. public. The Committee will meet to currently approved collection. Estimated Average Burden Per write the Committee’s legislatively Abstract: Respondent: mandated annual report. a. VA Form 26–8629 is completed a. Manufactured Home Loan Claim The purpose of the Advisory and submitted by holders of terminated Under Loan Guaranty (Manufactured Committee on Minority Veterans is to VA guaranteed manufactured home unit Home Unit Only), VA Form 26–8629— advise the Secretary of Veterans Affairs loans and a prerequisite payment of any 20 minutes. on the administration of VA benefits claims. b. Manufactured Home Loan Claim and services to minority veterans, to b. VA Form 26–8630 is used as a Under Loan Guaranty (Combination assess the needs of minority veterans, prerequisite to payment of claims on Loan—Manufactured Home Unit and and to evaluate whether VA terminated combination loans. The Lot or Lot Only), VA Form 26–8630—20 compensation, medical and collected is used to determine claim minutes. rehabilitation services, outreach, and payment due the holder. Frequency of Response: On occasion. Data furnished on these forms, such Estimated Number of Total other programs are meeting those needs. as accrued interest, various expenses of Respondents: 110. The Committee will make liquidation, and claim balance, are used recommendations to the Secretary Dated: May 9, 2002. regarding such activities. by holder in determining the amount By direction of the Secretary. Those wishing to attend the meeting claimed. Supporting documentation Genie McCully, required includes copies of ledgers for should contact Mr. Anthony T. Acting Director, Information Management Hawkins, Department of Veterans VA use in verifying data provided by Service. Affairs, at (202) 273–6708. No time will the holder to ensure its accounts are [FR Doc. 02–12674 Filed 5–20–02; 8:45 am] correct and to avoid overpayment. be allocated for receiving oral An agency may not conduct or BILLING CODE 8320–01–P presentations from the public. However, sponsor, and a person is not required to the Committee will accept written comments form interested parties on the respond to a collection of information DEPARTMENT OF VETERANS meeting agenda items and other issues unless it displays a currently valid OMB AFFAIRS control number. The Federal Register affecting minority veterans. Such Notice with a 60-day comment period Advisory Committee on Minority comments should be referred to the soliciting comments on this collection Veterans, Notice of Meeting Committee at the following address: of information was published on Advisory Committee on Minority February 28, 2002, at page 9359. The Department of Veterans Affairs Veterans, Center for Minority Veterans Affected Public: Business or other for- (VA) gives notice under Public Law 92– (00M), U.S. Department of Veterans profit, and Individuals or households. 463 (Federal Advisory Committee Act) Affairs, 810 Vermont Avenue, NW, Estimated Annual Burden: 36 hours. that a meeting of the Advisory Washington, DC 20420. Committee on Minority Veterans will be a. Manufactured Home Loan Claim Dated: May 8, 2002. Under Loan Guaranty (Manufactured held from Monday, June 10, 2002, By direction of the Secretary. Home Unit Only), VA Form 26–8629— through Wednesday, June 12, 2002, at 33 hours. the Department of Veterans Affairs, 810 Nora E. Egan, b. Manufactured Home Loan Claim Vermont Avenue, NW, Room 230, Committee Management Officer. Under Loan Guaranty (Combination Washington, DC. Each day the meeting [FR Doc. 02–12672 Filed 5–20–02; 8:45 am] Loan—Manufactured Home Unit and will convene at 8:30 a.m. and adjourn at BILLING CODE 8320–01–M
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Corrections Federal Register Vol. 67, No. 98
Tuesday, May 21, 2002
This section of the FEDERAL REGISTER paragraph, ‘‘Aerpspatiale’’ should read, paragraph, in the first line, ‘‘April 27, contains editorial corrections of previously ‘‘Aerospatiale’’. 201’’ should read, ‘‘April 27, 2001’’. published Presidential, Rule, Proposed Rule, 2. On the same page, in the same and Notice documents. These corrections are [FR Doc. C2–11215 Filed 5–20–02; 8:45 am] prepared by the Office of the Federal column, under § 39.13, paragraph (c), BILLING CODE 1505–01–D Register. Agency prepared corrections are last line, ‘‘5’’ should be removed. issued as signed documents and appear in 3. On page 30543, in the table, in the the appropriate document categories first column, in paragraph (1)(i), in the DEPARTMENT OF TRANSPORTATION elsewhere in the issue. first line, ‘‘inboard and carriage’’ should read, ‘‘inboard and outboard carriage’’. Federal Aviation Administration 4. On the same page, in the table, the 14 CFR Part 39 DEPARTMENT OF TRANSPORTATION same column, in paragraph (1)(iv), in the second line, ‘‘and the screw heads’’ [Docket No. 2001–CE–13–AD; Amendment Federal Aviation Administration should read, ‘‘and on the screw heads’’. 39– 12745; AD 2002–09–12] 14 CFR Part 39 5. On the same page, in the table, in RIN 2120–AA64 the same column, in paragraph (2), in the second line, ‘‘on the inboard, and Airworthiness Directives; Raytheon [Docket No. 2002–CE–01–AD; Amendment central carriages’’ should read, ‘‘on the Aircraft Company Beech Model C90 39–12744; AD 2002–09–11] inboard, outboard, and central Airplanes carriages’’. RIN 2120–AA64 6. On the same page, in the table, in Correction Airworthiness Directives; SOCATA– the same column, in paragraph (3)(iii), In rule document 02–11333 beginning Groupe AEROSPATIALE Model TBM in the third line, ‘‘directs AD. on page 31115 in the issue of Thursday, 700 Airplanes differently.’’ should read, ‘‘directs May 9, 2002 make the following differently.’’. correction: Correction 7. On the same page, in the table, in § 39.13 [Corrected] the second column: In rule document 02–11215 beginning On page 31116, in the third column, on page 30541 in the issue of Tuesday, a. In the first paragraph, in the seventh §39.13, in the table, under the May 7, 2002, make the following line, ‘‘yoy’’ should read, ‘‘you’’. ‘‘Procedures’’ column, in the sixth line, corrections: b. In the ninth line, ‘‘paragraph (s)(2)’’ remove the words ‘‘ compliance with § 39.13 [Corrected] should read, ‘‘paragraph (d)(2)’’. the’’. 1. On page 30542, in the third 8. On the same page, in the table, in [FR Doc. C2–11333 Filed 5–20–02; 8:45 am] column, under § 39.13, in the second the same column, in the fourth BILLING CODE 1505–01–D
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Part II
Department of Transportation Federal Highway Administration
23 CFR Part 655 National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways; Revision; Proposed Rule
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DEPARTMENT OF TRANSPORTATION Room 4230, (202) 366–0791, U.S. MUTCD was published on December 18, Department of Transportation, Federal 2000. About 150 of the 7100 comments Federal Highway Administration Highway Administration, 400 Seventh that were received on the eight notices Street, SW., Washington, DC 20590. of proposed amendments leading to the 23 CFR Part 655 Office hours are from 7:45 a.m. to 4:15 creation of the Millennium Edition of [FHWA Docket No. FHWA–2001–11159] p.m., e.t., Monday through Friday, the MUTCD, while extremely worthy, except Federal holidays. were deemed to result in too significant RIN 2125–AE93 SUPPLEMENTARY INFORMATION: a change from the text in the notices of proposed amendments to be National Standards for Traffic Control Electronic Access and Filing incorporated in the final rule without Devices: Manual on Uniform Traffic You may submit or retrieve comments allowing the public an additional Control Devices for Streets and online through the Document comment period. Also, this notice Highways; Revision Management System (DMS) at http:// addresses the many advances in AGENCY: Federal Highway dmses.dot.gov/submit. Acceptable technology, and the traffic and safety Administration (FHWA), DOT. formats include: MS Word (versions 95 management strategies that have ACTION: Notice of proposed amendments to 97), MS Word for Mac (versions 6 to occurred since the beginning of the to the Manual on Uniform Traffic 8), Rich Text File (RTF), American updating process of the 1988 edition of Control Devices (MUTCD); request for Standard Code Information Interchange the MUTCD in 1997. comments. (ASCII)(TXT), Portable Document The FHWA invites comments on Format (PDF), and WordPerfect these proposed changes to the MUTCD. SUMMARY: The MUTCD is incorporated (versions 7 to 8). The DMS is available The FHWA proposes giving figure by reference in 23 CFR part 655, subpart 24 hours each day, 365 days each year. numbers and titles to all pages that did F, approved by the Federal Highway Electronic submission and retrieval help not have a figure number for images of Administration, and recognized as the and guidelines are available under the traffic control devices in the national standard for traffic control help section of the web site. Millennium Edition of the MUTCD, to devices used on all public roads. The An electronic copy of this document facilitate easy reference. The FHWA also purpose of this notice of proposed may also be downloaded from the proposes changing the titles of a number amendments is to revise standards, Government Printing Office’s Electronic of figures to clarify a figure as either guidance, options, and supporting Bulletin Board Service at (202) 512– ‘‘typical’’ or ‘‘example(s) of.’’ In general, information relating to the traffic control 1661 by using a computer, modem and the FHWA proposes using the word devices in all parts of the MUTCD. The suitable communications software. ‘‘typical’’ in the title if the figure proposed changes are intended to Internet users may also reach the Office portrays preferred or recommended expedite traffic, promote uniformity, of the Federal Register’s home page at: practice, and the words ‘‘example(s) of’’ improve safety, and incorporate http://www.nara.gov/fedreg and the in the title if the figure portrays one or technology advances in traffic control Government Printing Office’s web page several of a variety of things that would device application. These proposed at: http://www.access.gpo.gov/nara. be acceptable practice with no recommended preference. Also, where changes are being designated Revision Background No. 2. appropriate, the FHWA proposes A list of the items of Revision No. 2 modifying figures to reflect proposed DATES: Comments must be received on and the text of the Millennium Edition changes in the text. or before August 19, 2002. of the MUTCD with Revision No. 2 text Additionally, throughout the MUTCD, ADDRESSES: Mail or hand deliver incorporated are available for inspection minor changes in text are proposed for comments to the U.S. Department of and copying, as prescribed in 49 CFR grammatical or style consistency, to Transportation, Dockets Management part 7, at the FHWA Office of improve consistency with related text or Facility, Room PL–401, 400 Seventh Transportation Operations, Room 3408, figures, to improve clarity, or to correct Street, SW., Washington, DC 20590– 400 Seventh Street, SW., Washington, minor errors. Where the FHWA 0001 or submit electronically at http:// DC 20590. Furthermore, the list of items proposes to add new sections within a dmses.dot.gov/submit. All comments of Revision No. 2 and the text of the chapter of the MUTCD, the sections in should include the docket number that 2000 Millennium Edition of the MUTCD the chapter that follow the proposed appears in the heading of this with Revision No. 2 text incorporated addition would be renumbered document. To facilitate documenting are available on the MUTCD Internet accordingly. All Tables of Contents, comments, please include the site http://mutcd.fhwa.dot.gov. The Lists of Figures, Lists of Tables, and applicable MUTCD section number with current version of the 2000 Millennium page headers and footers would be each of your comments. All comments Edition of the MUTCD with Revision revised as appropriate to reflect the received will be available for No. 1 text incorporated is also available proposed changes. examination at the above address on this Internet site. The FHWA is aware that Section 508 between 9 a.m. and 5 p.m., e.t., Monday This notice of proposed amendments of the Rehabilitation Act, 29 U.S.C. 794 through Friday, except Federal holidays. is being issued to provide an (2001), requires that certain electronic Those desiring a notification of receipt opportunity for public comment on the and information technology (‘‘EIT’’) be of comments must include a self- desirability of these proposed accessible to individuals with addressed, stamped envelope or amendments to the MUTCD. Based on disabilities. By regulation, 36 CFR postcard, or print the acknowledgement the comments received and its own 1194.4 (2001), EIT includes information page that appears after submitting experience, the FHWA may issue a final contained on world wide websites. comments electronically. rule concerning the proposed changes Because the FHWA distributes the FOR FURTHER INFORMATION CONTACT: Mr. included in this notice. MUTCD via the Internet site (http:// Ernest Huckaby, Office of The notice of proposed amendments mutcd.fhwa.dot.gov), it is aware that it Transportation Operations, Room 3408, is being published in response to many must comply with Section 508, and it (202) 366–9064, or Mr. Raymond comments received after the final rule will do so by providing, in addition to Cuprill, Office of the Chief Counsel, creating the Millennium Edition of the the PDF file format, an alternative
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format (hypertext markup language— contents’’ that contains the page number approval’’ process for the FHWA HTML), that is accessible to individuals of every section, figure, and table. This approving the use of new traffic control with disabilities. Included within those change will simplify the search for an devices pending official rulemaking. HTML files will be narrative item by those with visual disabilities by Additionally, the FHWA proposes descriptions of the illustrations (figures) enabling them to advance to the modifying Figure 1A–2 to reflect the that are contained within the affected appropriate Part and then page more ‘‘interim approval’’ process. non-accessible format electronic files. quickly and easily. 6. In Section 1A.11 Relation to Other However, because of the very large Documents, the FHWA proposes number of figures of traffic control Discussion of Proposed Amendments to the Introduction modifying the STANDARD statement to devices and of their possible update the documents to the latest applications in the 1150 page MUTCD, 3. In the Introduction, the FHWA editions. Additionally, the FHWA it was determined that the FHWA proposes adding a fourth SUPPORT proposes adding additional sources of would be tentatively exempted from statement to clarify the organization of information in the SUPPORT statement. meeting this regulation due to onerous the MUTCD and explain how one could The FHWA also proposes revising the and costly effort resulting in a reference portions of the MUTCD. order of the sources of information, fundamental alteration of the electronic The FHWA also proposes adding a alphabetizing first by source, then by version of the MUTCD. The FHWA does new section that lists special the title of the document. have a contractual task underway, that compliance dates for various portions of 7. In Section 1A.12 Color Code, the will be completed approximately in a the MUTCD. The purpose of this list is FHWA proposes adding to the year, to develop the hypertext markup to provide a convenient reference guide STANDARD statement the assignment language tags. Furthermore, the FHWA to the user of special compliance dates of the color fluorescent coral to incident determined that this notice of proposed for various portions of the MUTCD. management to make it easier for road amendments go forward immediately as Discussion of Proposed Amendments to users to follow directions relating to the proposed changes would be Part 1—General traffic incidents. The items will be beneficial to the traveling public, including those with visual disabilities. 4. In Section 1A.05 Maintenance of reordered so that the colors appear in A summary of the significant Traffic Control Devices, in the second alphabetical order. The color proposed changes for each of the parts paragraph of the GUIDANCE statement, coordinates for the color coral are of the MUTCD is included in the the FHWA proposes revising the text to indicated below. following discussion. eliminate redundancy. The Commission Internationale de 1. On Page i the FHWA proposes 5. In Section 1A.10 Interpretations, l’Eclairage (CIE) (English: International including addresses for several Experimentations, and Changes, the Commission on Illumination) additional organizations whose FHWA proposes changing the first chromaticity coordinates (x, y), defining publications are referenced in the GUIDANCE statement to a STANDARD the corner of the Fluorescent Coral various parts of the MUTCD. statement to ensure that these requests daytime color region are as follows: come to the FHWA’s Office of Discussion of Proposed Amendments to Transportation Operations. X y the Table of Contents Additionally, following the fourth 2. The FHWA proposes condensing GUIDANCE statement the FHWA 0.450 ...... 0.270 the Table of Contents to include only proposes adding STANDARD, 0.590 ...... 0.350 0.644 ...... 0.290 the list of Parts and Chapters. Each Part GUIDANCE, OPTION, and SUPPORT 0.536 ...... 0.230 will continue to begin with a ‘‘table of statements describing a new ‘‘interim
Luminance Factor Limits (Y)
D65 D150
Min Max YF Min Max
Fluorescent Pink ...... 25 None ...... 15 25 None.
Fluorescent materials differ from non- Illuminant D65 in accordance with and ‘‘Roundabout Intersection’’ since fluorescent materials in that the total ASTM E991. In addition, the color shall they are used in the MUTCD. luminance is the sum of the luminances be fluorescent, as determined by ASTM Additionally, the FHWA proposes due to reflection and fluorescence. The E1247. removing the definition for ‘‘Preferential Lane Marking’’ since it is no longer used luminance factor Y of such materials is 8. In Section 1A.13 Definitions of the sum of the luminance due to in the MUTCD. Words and Phrases in This Manual, the 9. In Section 1A.14 Abbreviations reflection (YR) and the luminance due to FHWA proposes in the STANDARD fluorescence (Y ). Therefore, Y=Y +Y . Used on Traffic Control Devices, the F R F statement revising definitions for: FHWA proposes in the first STANDARD If the value Y is greater than zero, the F ‘‘Active Grade Crossing Warning statement revising the text to clarify that material is fluorescent; if Y equals zero, F System,’’ ‘‘Average Day,’’ ‘‘Beacon,’’ the abbreviations shown in Table 1A–1 then the luminance factor Y is equal to ‘‘Crosswalk,’’ and ‘‘Highway Traffic are not the only word messages that can Y . R Signal’’ to better reflect accepted be abbreviated. These four pairs of chromaticity practice and terminologies. The FHWA also proposes adding a coordinates determine the acceptable Additionally, the FHWA proposes GUIDANCE statement at the end of this color in terms of CIE 1931 Standard adding definitions for ‘‘Crashworthy,’’ section to give guidance regarding the Colorimetric System (2 degree standard ‘‘Detectable,’’ ‘‘Inherently Low Emission consistency of abbreviations within a observer) measured with CIE Standard Vehicle (ILEV),’’ ‘‘Pedestrian Facilities,’’ single jurisdiction.
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Additionally, the FHWA proposes the circle shape as the FHWA proposes heading would be added after the new revising Tables 1A–1 and 1A–2 to that the design of this sign be a SUPPORT statement. include additional abbreviations, delete rectangular plate in accordance with 17. In Section 2A.15 Sign Borders, the some abbreviations, and modify some other guide signs, as indicated in FHWA proposes modifying the abbreviations, based on research on Section 2I.03. STANDARD statement to clarify that the driver understanding of abbreviations. Additionally, the FHWA proposes corners of all sign borders, except for clarifying the information for the STOP signs, shall be rounded. The Discussion of Proposed Amendments to FHWA also proposes modifying the Part 2—Signs Trapezoid shape signs to be ‘‘Recreational and Cultural Interest Area GUIDANCE statement to clarify that, 10. In Section 2A.06 Design of Signs, Series’’ and ‘‘National Forest Route’’ where practical, the corners of the sign the FHWA proposes adding to the signs. should be rounded to fit the border, SUPPORT statement that the ‘‘general 14. In Section 2A.11 Sign Colors, the except for STOP signs. appearance’’ of the sign legends, colors FHWA proposes modifying the 18. In Section 2A.16 Standardization and sizes are shown in the illustrations STANDARD statement to read ‘‘The of Location, the FHWA proposes and do not exactly correspond to the colors to be used on standard signs and relocating Figures 2A–3, 2A–4, 2A–5, letter brush stroke widths of the their specific use on these signs shall be and 2A–6 to Section 2B.32 and 1 ‘‘Standard Highway Signs’’ book and as indicated in the applicable sections removing Figure 2A–7. These relocated the FHWA central values and tolerance of this Manual. The color coordinates figures are more appropriate in Chapter limits of colors. and values shall be as described in 23 2B. The first SUPPORT statement would Additionally, the FHWA proposes CFR, Part 655, Subpart F, Appendix.’’ be revised to reflect these changes. 19. In Section 2A.17 Overhead Sign adding to the STANDARD statement This proposed modification will clarify Installations, the FHWA proposes that, unless otherwise stated in the that the color requirements apply to all modifying the GUIDANCE statement to MUTCD for a specific sign, phone signs in the MUTCD, not just those in clarify that overhead guide signs should numbers or Internet addresses shall not Part 2, and would refer to the correct be used on freeways as well as be shown on any sign to reduce the location of the color coordinates and expressways, under certain conditions. possibility of driver distraction. values. The FHWA also proposes 11. In Section 2A.07 Changeable 20. In Section 2A.18 Mounting modifying the SUPPORT statement by Message Signs, the FHWA proposes Height, the FHWA proposes relocating deleting the color coral from the revising the GUIDANCE statement to the first OPTION and SUPPORT reserved colors, because FHWA include safety messages as one of the statements so that they appear after the proposes that the color coral be assigned types of allowable displays for second paragraph of the first for incident management uses. changeable message signs. STANDARD statement. This proposed Additionally, the FHWA proposes Additionally, the FHWA proposes change will improve the clarity of the adding at the end of the section adding to the SUPPORT statement that section. OPTION, SUPPORT, GUIDANCE, and information regarding color coding of Additionally, the FHWA proposes STANDARD statements regarding the destinations on guide signs is contained adding a paragraph to the last OPTION use, design, and format of safety and in Section 2D.03. The FHWA also statement heading to state that if the other messages so that they do not proposes modifying Table 2A–4 by vertical clearance for the design of other adversely affect the usefulness of the adding a new column on the right hand structures is less than 4.9 m (16 ft), the sign. side for the color coral, by adding a new vertical clearance to overhead sign 12. In Section 2A.08 Retroreflectivity row ‘‘Incident Management’’ to the structures or supports may be as low as and Illumination, the FHWA proposes bottom, by adding a second new row at 0.30 m (1 ft) higher than the vertical clarifying Table 2A–1 by replacing the bottom, following Incident clearance for the design of the other ‘‘Patterns of incandescent light bulbs’’ Management, ‘‘Changeable Message structures. These lower clearances for with ‘‘Incandescent light bulbs’’ and by Signs**’’ and by adding or revising the sign structures are sometimes adding ‘‘Light Emitting Diodes (LEDs)’’ color designation and note to reflect needed to maximize the visibility of the to the listed Means of Illumination proposed changes in other parts of the signs when low bridge structure or under Other Devices to reflect current MUTCD. tunnel clearances limit the sign technology. 15. In Section 2A.12 Dimensions, the visibility. Additionally, the FHWA proposes FHWA proposes adding a second 21. In Section 2A.19 Lateral Offset, adding a new SUPPORT statement at paragraph to the SUPPORT statement the FHWA proposes dividing the first the end of the section referencing describing and clarifying the different STANDARD statement into a information contained in Section 2A.22 sizes of signs, as detailed in the STANDARD and a GUIDANCE on the use of retroreflective material on Standard Highway Signs book. statement. The proposed STANDARD the sign support. 16. In Section 2A.14 Word Messages, statement will deal with the lateral 13. In Section 2A.10 Shapes, the the FHWA proposes modifying the first offset of overhead sign supports, and the FHWA proposes clarifying Table 2A–3 GUIDANCE statement to clarify that the proposed GUIDANCE statement will by removing the Emergency Evacuation specific ratio of 25 mm (1 in) of letter deal with the lateral offset of roadside- Route Marker from the listed signs for height per 12 m (40 ft) of legibility mounted signs. This will provide distance should be a minimum. additional flexibility to jurisdictions for 1 ‘‘Standard Highway Signs,’’ FHWA, 2002 Additionally, the FHWA proposes roadside-mounted signs. Edition is available for purchase from the U.S. adding a new SUPPORT statement after 22. In Section 2A.20 Position of Signs, Government Printing Office Bookstore, Superintendent of Documents, Room 118, Federal the first paragraph of GUIDANCE to the FHWA proposes to removing the Building, 1000 Liberty Avenue, Pittsburgh, PA provide additional information that second sentence under the SUPPORT 15222. Internet web site at http://bookstore.gpo.gov. some research indicates that a ratio of statement as the references to the figures It is also available on the FHWA’s web site at http:/ 25 mm (1 in) of letter height per 10m (33 duplicates other references elsewhere. /mutcd.fhwa.dot.gov and is available for inspection and copying at the FHWA Washington ft) of legibility distance could be 23. In Section 2A.22 Posts and Headquarters and all FHWA Division Offices as beneficial for addressing the needs of Mountings, the FHWA proposes adding prescribed at 49 CFR part 7. older road users. A new GUIDANCE an OPTION statement after the
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SUPPORT statement, indicating that a Additionally, the FHWA proposes ENTER sign, no other sign shall be strip of retroreflective material may be adding to the OPTION statement that mounted back-to-back with a YIELD used on the supports of regulatory and signs larger than those shown in Table sign. warning signs to draw attention to the 2B–1 may be used. Sometimes there are Additionally, the FHWA proposes sign during nighttime conditions. special conditions that warrant much adding a paragraph to the GUIDANCE Additionally, the FHWA proposes larger signs and this flexibility is statement stating that, at a roundabout adding a second STANDARD statement needed. intersection, the face of the YIELD sign after the OPTION statement specifying 27. In Section 2B.06 STOP Sign should not be visible from the the size, location, and color of the strip Placement, the FHWA proposes circulating roadway. This is of retroreflective material if it is used. correcting an error in the STANDARD recommended to prevent circulating This will provide for uniformity of statement by changing the word vehicles in the roundabout from application. ‘‘correct’’ to ‘‘right’’ so that the yielding unnecessarily. 24. In Section 2A.24, the FHWA statement reads, ‘‘The STOP sign shall The FHWA also proposes adding an proposes changing the title of the be installed on the right side of the OPTION statement at the end of the section from ‘‘Wrong Way Traffic traffic lane to which it applies.’’ section to allow the installation of an Control’’ to ‘‘Median Opening Additionally, the FHWA proposes additional YIELD sign on the left side of Treatments for Divided Highways with adding that other than a DO NOT the road and/or the use of a YIELD line Wide Medians,’’ to better clarify the ENTER sign, no other sign shall be at wide-throat intersections. This will content of the section. mounted back-to-back with a STOP provide for improved visibility of the Additionally, the FHWA proposes sign, to assure that the shape of the YIELD signs where needed. removing the existing GUIDANCE STOP sign is visible to road users on 30. In Section 2B.11 Speed Limit Sign statement and to change the other approaches to the intersection. (R2–1), the FHWA proposes modifying STANDARD statement to a GUIDANCE The proposed exception for the DO NOT the STANDARD statement to reflect that statement, to clarify that at the median ENTER sign is to allow flexibility in as indicated in Figure 2B–1, the FHWA opening of a divided highway with side urban areas where there may not be proposes a new unique design for the streets and driveways, where the enough room to install separate poles metric speed limit sign. The sign will median width at the median opening is for each sign and both signs must be have a red circle around the speed value 9 m (30 ft) or more, the median installed at the corner. with a ‘‘km/h’’ legend below. Based on openings should be signed as two 28. In Section 2B.09 YIELD Sign this new design, the FHWA proposes separate intersections. This will provide Applications, the FHWA proposes removing the first SUPPORT statement, additional signing flexibility to clarifying the OPTION statement by as it is no longer needed. The new jurisdictions. adding a reference to STOP signs. The design of the metric Speed Limit sign 25. In Section 2B.02 Design of proposed change states that instead of will better differentiate a metric speed Regulatory Signs, the FHWA proposes using a STOP sign, a YIELD sign may be limit sign from an English units speed adding OPTION and GUIDANCE used if engineering judgment indicates limit sign, and will also remedy the statements at the end of the section that one or more of the conditions listed possible situation where the ‘‘METRIC’’ regarding the use of Changeable exist. The conditions for using a YIELD plaque used in the old design is Message Signs to provide for the display sign are not being changed. damaged or stolen and the sign appears of regulatory signs. Additionally, the FHWA proposes to be an English units Speed Limit sign 26. In Section 2B.03 Size of adding a STANDARD statement after with a higher but erroneous value. Regulatory Signs, the FHWA proposes the OPTION statement to require the use The FHWA also proposes clarifying modifying Table 2B–1 by adding and of a YIELD sign to assign right-of-way at the third paragraph of the GUIDANCE removing signs to reflect proposed the entrance to a roundabout statement to differentiate the rounding changes in Part 2, and by adding intersection. An essential design feature of a speed limit on a sign located on a additional sign sizes. These new sign of a modern roundabout is ‘‘yield-on- non-residential street from a sign sizes reflect proposed changes in Part 2, entry’’ so a YIELD sign is necessary at located on a residential street. The are values from the ‘‘Standard Highway all entrances to the roundabout. proposed GUIDANCE states that when a Signs’’ book, and reflect regular use by 29. In Section 2B.10 YIELD Sign speed limit is posted, it should be the highway agencies. Placement, the FHWA proposes 85th-percentile speed of free-flowing Additionally, the FHWA proposes correcting an error in the first paragraph traffic, rounded up to the nearest 10 km/ that the ONE WAY (R6–2) sign and the of the STANDARD statement by h (5 mph) on non-residential streets and DIVIDED HIGHWAY CROSSING (R6–3, changing the word ‘‘correct’’ to ‘‘right’’ rounded up or down to the nearest 10 R6–3a) signs be increased in size for all so that the first sentence reads, ‘‘The km/h (5 mph) increment on residential roads based on the research addressing YIELD sign shall be installed on the streets. Additionally, the FHWA the needs of older road users. The right side of the traffic lane to which it proposes adding a paragraph to the FHWA proposes adding sign sizes in the applies.’’ Additionally, FHWA proposes beginning of the GUIDANCE statement, ‘‘Expressways’’ and ‘‘Freeways’’ adding a new sentence after the first which states that States and local columns for these signs and the R6–1 sentence of the STANDARD statement agencies should reevaluate their non- ONE WAY sign, since these are the to require that YIELD signs shall be statutory speed limits on their streets main signs to alert road users of the placed on both the left and right sides and highways at least once every 5 years divided highway. of the approaches to roundabout to determine whether adjustments The FHWA proposes that the new intersections with more than one would be appropriate. sizes of these signs become effective approach lane. This is in concert with The FHWA proposes adding a immediately for new or replacement of best practices of modern roundabout paragraph to the end of the OPTION damaged existing sign installations. The design and to assure adequate visibility statement, which states that a FHWA proposes a phase-in compliance of the YIELD signs. changeable message sign that displays to period of 10 years for existing signs in The FHWA also proposes adding a approaching drivers the speed at which good condition to minimize any impact paragraph to the STANDARD statement, they are traveling may be installed in on State or local highway agencies. which states that other than a DO NOT conjunction with a Speed Limit sign.
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The FHWA also proposes adding, the lane control pavement markings The proposed changes in Section following the OPTION statement, a mentioned are lane-use arrow markings. 2B.28 are to clarify the proper uses of GUIDANCE statement, which states that 35. In Section 2B.23, the FHWA Keep Right and Keep Left signs. if a changeable message sign displaying proposes changing the title from 37. In Section 2B.29 DO NOT ENTER approach speeds is installed, the legend ‘‘Reversible Lane Control Signs (R3–9c Sign (R5–1), the FHWA proposes YOUR SPEED XX KM/H (MPH) or through R3–9i)’’ to ‘‘Reversible Lane modifying the GUIDANCE statement by similar legend should be shown. Control Signs (R3–9d, R3–9f through clarifying the placement of the DO NOT Changeable message signs displaying R3–9i)’’ and removing the R3–9c and ENTER sign. The proposed GUIDANCE the actual speeds of approaching drivers R3–9e signs and all of their references states that, if used, the DO NOT ENTER have been shown to be valuable tools to in the section. Using just the R3–9d sign sign should be placed directly in view enhance driver compliance with speed will improve uniformity and maintain of the road user at the point where a limits. consistency with the red X symbol used road user could wrongly enter a divided 31. Following Section 2B.14 in reversible lane signal systems. The highway, one-way roadway, or ramp, Minimum Speed Limit Sign (R2–4), the DO NOT ENTER symbol is intended to and includes a reference to Figure 2B– FHWA proposes adding a new section be used to prohibit entry into a roadway 8. numbered and titled ‘‘Section 2B.15 or ramp, and using this symbol to Additionally, the FHWA proposes Fines Higher Sign (R2–6).’’ The prohibit use of a single lane of a renumbering and retitling Figure 2B–2 proposed Section 2B.15 will consist of roadway that is otherwise available for from ‘‘Typical Wrong-Way Signing for a OPTION, GUIDANCE, and STANDARD travel is inconsistent and degrades the Divided Highway’’ to ‘‘Figure 2B–8. statements on the uses of the FINES meaning of the symbol. Example of Wrong-Way Signing for a HIGHER sign; namely, to advise road The FHWA proposes clarifying in the Divided Highway with a Median Width users when increased fines are imposed first STANDARD statement that the of 9 m (30 ft) or Greater.’’ 38. In Section 2B.31 Selective for traffic violations within designated barriers mentioned are physical barriers. Exclusion Signs, the FHWA proposes roadway segments; and on the Additionally, the FHWA proposes changing item H in the SUPPORT installation of the FINES HIGHER sign; modifying item B of the second OPTION statement from ‘‘Hazardous Cargo’’ to namely, below an applicable regulatory statement to read, ‘‘An engineering ‘‘Hazardous Material’’ to reflect the or warning sign in a temporary traffic study indicates that the use of the changes proposed in Section 2B.46. control zone, a school zone, or other Reversible Lane Control signs alone 39. In Section 2B.32 ONE WAY Signs applicable designated zone. The would result in an acceptable level of (R6–1, R6–2), the FHWA proposes sections following Section 2B.15 will be safety and efficiency.’’ This is proposed relocating four figures from Section renumbered accordingly. to clarify the specific types of signs used 2A.16 to Section 2B.32. Figure 2A–5 32. The FHWA proposes removing for control of a reversible lane operation will be renumbered and retitled ‘‘Figure existing Section 2B.16 Reduced Speed that the study needs to evaluate to 2B–10. Examples of Locations of ONE Ahead Signs (R2–5) Series, as these determine whether such signs alone, WAY Signs’’; Figure 2A–6 will be signs are proposed to be revised to be without reversible lane signals, would renumbered and retitled ‘‘Figure 2B–11. warning signs and added to Chapter 2C. be acceptable. Examples of Locations of ONE WAY The FHWA proposes this change The FHWA proposes that these Signs’’; Figure 2A–4 will be renumbered because the intended message is more changes in Section 2B.23 become and retitled ‘‘Figure 2B–12. Examples of properly categorized as a warning effective immediately for new or ONE WAY Signing for Divided message rather than a regulatory replacement of damaged existing sign Highways with Medians 9 m (30 ft) or message. The FHWA proposes that this installations. The FHWA proposes a Greater’’; and Figure 2A–3 will be change become effective immediately phase-in compliance period of 10 years renumbered and retitled ‘‘Figure 2B–13. for new or replacement of damaged for existing signs in good condition to Example of ONE WAY Signing for existing sign installations. The FHWA minimize any impact on State or local Divided Highways with Medians Less proposes a phase-in compliance period highway agencies. Than 9 m (30 ft).’’ The FHWA also of 10 years for existing signs in good 36. In Section 2B.28 Keep Right and proposes to add a new figure, ‘‘Figure condition to minimize any impact on Keep Left Signs (R4–7, R4–8), the 2B–14. Examples of ONE WAY Signing State or local highway agencies. FHWA proposes adding to the first for Divided Highways with Medians 33. In Section 2B.17, the FHWA OPTION statement that the Keep Left Less Than 9 m (30 ft) and Separated proposes retitling the section from (R4–8) sign may be used at locations Left-Turn Lanes.’’ These figures are ‘‘Turn Prohibition Signs (R3–1 through where it is necessary for traffic to pass most directly associated with ONE WAY R3–4)’’ to ‘‘Turn Prohibition Signs (R3– only to the left of a roadway feature or signs and should be located adjacent to 1 through R3–4, and R3–18)’’ to include obstruction. Section 2B.32, which contains the text a new symbol sign which combines the The FHWA proposes adding to the about ONE WAY signs. No Left Turn and the No U-Turn symbol GUIDANCE statement to clarify that the Additionally, the FHWA proposes signs into one symbol sign, and to add Keep Right sign should be mounted on showing the optional Keep Right signs to the OPTION and GUIDANCE the face of, or just in front of, a pier or on the medians on Figures 2B–13 and statements information on the proper other obstruction separating opposite 2B–14 at a 45 degree angle facing the use of the sign. This proposed new sign directions of traffic in the center of the road users on the cross street, to make will reduce the sign clutter at an highway such that traffic will have to it easier for them to determine the intersection where both movements are pass to the right of the sign. location of the median nose and to enter restricted and make it easier for road Additionally, the FHWA proposes the proper roadway of a divided users to understand the multiple turn adding a new STANDARD statement highway. restrictions. following the GUIDANCE statement that 40. In Section 2B.35 Design of 34. In Section 2B.19 Mandatory the Keep Right sign shall not be Parking, Standing, and Stopping Signs, Movement Lane Control Signs (R3–5, installed on the right side of the the FHWA proposes adding to the R3–5a, and R3–7), the FHWA proposes roadway in a position where traffic must GUIDANCE statement that where clarifying the GUIDANCE statement that pass to the left of the sign. special parking restrictions are imposed
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during heavy snowfall, Snow YIELD TO PEDESTRIANS (R10–15) sign Section 2B.31 and to reflect the change Emergency signs should be installed, may be used. This proposed change is in terminology in the industry. The and that the legend will vary according necessary to prevent potential overuse FHWA proposes that this change to the regulations, but the signs should and reduced impact of the sign. become effective immediately for new be vertical rectangles, having a white Additionally, the FHWA proposes or replacement of damaged existing sign background with the upper part of the adding a paragraph to the third OPTION installations. The FHWA proposes a plate a red background. This statement (new fourth OPTION phase-in compliance period of 5 years GUIDANCE was inadvertently left out of statement) allowing the use of for existing signs in good condition to the current MUTCD. However, signs of supplemental plaques showing times of minimize any impact on State or local this type are used by many jurisdictions. day or with the legend WHEN highway agencies. 41. In Section 2B.39 Pedestrian PEDESTRIANS ARE PRESENT below a 44. In Section 2B.48 Preferential Lane Crossing Signs (R9–2, R9–3), the FHWA NO TURN ON RED sign, to allow the Signs (R3–10 through R3–17), the proposes modifying the second OPTION flexibility to restrict turns on red only FHWA proposes modifying the first statement by changing the during certain times or when a paragraph of the third GUIDANCE ‘‘PEDESTRIANS PROHIBITED’’ to ‘‘NO pedestrian conflict is present. statement to include light rail transit in PEDESTRIAN CROSSING’’ as the proper Additionally, the FHWA proposes the list of preferential lane signs for word message sign to be used as an adding to the second GUIDANCE which the diamond symbol should not alternate to the No Pedestrian Crossing statement that where turns on red after be used, because the diamond symbol is (R9–3a) symbol sign. ‘‘NO PEDESTRIAN stop are permitted and the turn signal intended to be used only to denote HOV CROSSING’’ is the intended meaning of indication is a RED ARROW, the RIGHT lanes. The FHWA also proposes the symbol and more clearly describes (LEFT) TURN ON RED ARROW changing the last paragraph of the third the actual restriction of pedestrian PERMITTED AFTER STOP (R10–17 or GUIDANCE statement to a second movement. R10–17a) sign should be installed STANDARD statement because 42. In Section 2B.40, the FHWA adjacent to the RED ARROW signal changeable message signs serving as proposes changing the title from indication to conform to the ‘‘Uniform HOV signs shall be the required sign ‘‘Traffic Signal Signs (R10–1 through Vehicle Code and Model Traffic size and shall display the required letter R10–13)’’ to ‘‘Traffic Signal Signs (R10– Ordinance’’ 2 (UVC) as revised. The height and legend format that 1 through R10–21)’’ to reflect proposed revised UVC prohibits turns on a RED corresponds to the type of facility and additional traffic signal signs. These ARROW after stop unless a sign design speed as articulated in Section signs are shown in new Figures 2B–17 specifically allowing the turn is in 2A.07. This proposed change from a and 2B–18. place. recommended practice to a required The FHWA proposes adding to the Additionally, the FHWA proposes practice is being made to preclude the second OPTION statement that the R10– adding to the third STANDARD use of insufficiently sized or designed 3d sign may be used if the pedestrian statement that the EMERGENCY changeable message signs to display clearance time is sufficient only for the SIGNAL—STOP WHEN FLASHING these important regulatory messages for pedestrian to cross to the median. This RED (R10–14) sign shall be used in HOV lane use. sign is similar to the existing R10–3b conjunction with emergency beacons Additionally, the FHWA proposes sign except that next to the DON’T and that the U–TURN YIELD TO RIGHT adding a new GUIDANCE statement at WALK symbol is the message ‘‘START TURN (R10–16) sign shall be installed the end of the section that the CROSSING TO MEDIAN WATCH FOR near the left-turn signal face if U-turns Inherently Low Emission Vehicle (ILEV) VEHICLES.’’ The FHWA also proposes are allowed on a protected left-turn (R3–10b) sign should be used to indicate modifying Figure 2B–17 to add movement from which drivers making a that it is permissible for a properly illustrations of the R10–3d sign and the right turn from the conflicting approach labeled and certified ILEV, regardless of R10–3e sign. The R10–3e sign is a to their left are simultaneously being the number of occupants, to operate in variant incorporating ‘‘time remaining shown a right-turn GREEN ARROW the HOV lanes and that the ILEV signs to finish crossing’’ and is consistent signal indication, to correspond with should be ground mounted in advance with countdown pedestrian signals as proposed changes in Part 4 of the of the HOV lanes and at intervals along proposed in Part 4. MUTCD, which will require the use of the HOV lanes based upon engineering Additionally, the FHWA proposes these signs with Emergency Beacons judgment. A uniform sign design and revising and relocating the third and when right turns conflict with U- application are needed to enhance OPTION statement to follow the second turns, respectively. driver understanding and compliance STANDARD statement to indicate that a 43. In Section 2B.46 the FHWA regarding ILEV use of HOV lanes and symbolic NO TURN ON RED (R10–11) proposes changing the title from also to correspond to proposed changes sign may be used as an alternate to the ‘‘Hazardous Cargo Signs (R14–2, R14– in Section 2B.49. R10–11a and R10–11b signs. The 3)’’ to ‘‘Hazardous Material Signs (R14– 45. In Section 2B.49 High-Occupancy symbolic sign is proposed to have a 2, R14–3)’’ and revising the OPTION Vehicle (HOV) Lanes, the FHWA symbolic red ball rather than using the and GUIDANCE statements to replace proposes modifying the STANDARD ‘‘No Right Turn’’ symbol, to avoid ‘‘cargo’’ with the word ‘‘material’’ and to statement to allow motorcycles to use confusion with the R3–1 (No Right revise the symbol for the Hazardous HOV lanes that received Federal-aid Turn) sign. Material sign (R14–3) sign to be HM program funding. Additionally, the FHWA proposes rather than HC, to correspond with The FHWA also proposes three relocating the last item in the second additions to this STANDARD statement. GUIDANCE statement to the first 2 The ‘‘Uniform Vehicle Code and Model Traffic The first addition requires agencies to paragraph under the third OPTION Ordinance,’’ 2000 edition, is published by the allow a vehicle with less than the statement (new fourth OPTION National Committee on Uniform Traffic Laws and required number of occupants to operate statement) and changing it to read that Ordinances, 107 S. West Street, #110, Alexandria, in the HOV lanes if: Virginia 22314. It is available for inspection as when right turn on red after stop is prescribed at 49 CFR part 7. Purchase information A. The vehicle is properly labeled and permitted and pedestrian crosswalks are is available on the web site for the National certified as an ILEV and the HOV lane marked, the TURNING TRAFFIC MUST Committee at http://www.ncutlo.org. is not a bus-only HOV lane; or
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B. The HOV lanes are part of a project the seat belt symbol is in the ‘‘Standard of the laws regarding right-of-way at an that is participating in the FHWA Value Highway Signs’’ book. unsignalized pedestrian crossing. The Pricing Pilot Program. 48. The FHWA proposes adding a FHWA proposes including OPTION, The second addition requires that the new Section 2B.51 Photo Enforced Signs GUIDANCE, and STANDARD requirements for a minimum number of (R10–18, R10–19). The purpose of this statements describing the proposed use, occupants in a vehicle to use an HOV new section is to provide guidance to design and application of the In-Street lane shall be in effect for most, or all, State and local agencies on the use of Pedestrian Crossing (R1–6, R1–6a) signs. of at least one of the usual times during the photo enforcement signs to alert These signs are proposed in order to the day when the demand to travel is road users of this type of traffic provide for uniformity of these greatest (such as morning or afternoon enforcement. The FHWA proposes regulatory messages and for improved peak travel periods) and the traffic including an OPTION statement with pedestrian safety. congestion problems on the roadway two paragraphs. The first paragraph The FHWA also proposes adding a and adjoining transportation corridor states that a TRAFFIC LAWS PHOTO new figure numbered and titled Figure are at their worst. The final addition ENFORCED (R10–18) sign may be 2B–22, ‘‘Unsignalized Pedestrian requires a Federal review prior to installed at a jurisdictional boundary to Crosswalk Signs’’ to illustrate the design initiating a proposed test or advise road users that some of the traffic of the R1–5, R1–5a, the R1–6, and the demonstration project that seeks to regulations within that jurisdiction are R1–6a signs. significantly change the operation of the being enforced by photographic 51. In Section 2C.02 Application of HOV lanes for any length of time. equipment. The second paragraph states Warning Signs, the FHWA proposes The last major change that the FHWA that a PHOTO ENFORCED (R10–19) modifying the SUPPORT statement to proposes to this section is the addition sign (see Figure 2B–1) may be mounted reflect that ‘‘categories’’ not of a SUPPORT statement at the end of below a regulatory sign to advise road ‘‘applications’’ of warning signs are the Section. The SUPPORT statement users that the regulation is being shown in Table 2C–1. This change is states that the Inherently Low Emissions enforced by photographic equipment. necessary to make the text and Table Additionally, the FHWA proposes Vehicle (ILEV) program requirements, 2C–1 consistent. including a STANDARD statement, certification program, and other Additionally, the FHWA proposes which states that if the PHOTO regulatory provisions are developed and changing the title of Table 2C–1 from ENFORCED (R10–19) sign is used below administered through the U.S. ‘‘Application of Warning Signs’’ to a regulatory sign, it shall be a rectangle Environmental Protection ‘‘Categories of Warning Signs’’ and to with black legend and border on a white Administration (EPA). The U.S. EPA is add new roadway related and traffic background. related signs and supplemental plaques the only entity with the authority to The FHWA proposes that these signs certify ILEVs. Vehicle manufacturers to the table based on proposed changes become effective immediately for new in other sections of Chapter 2C. The must request the U.S. EPA to grant an or replacement of damaged existing sign ILEV certification for any vehicle to be change in the title of the table is being installations. The FHWA proposes a proposed to better reflect the actual considered and labeled as meeting these phase-in compliance period of 10 years standards. According to the U.S. EPA, content of the table. for existing signs of different designs 52. In Section 2C.04 Size of Warning 1996 was the first year that they that are in good condition to minimize certified any ILEVs. The U.S. EPA Signs, the FHWA proposes changing any impact on State or local highway Table 2C–2 to add sizes for the regulations specify that ILEVs must agencies. meet the emission standards specified Expressway W1 series Arrows signs, 49. The FHWA proposes adding a sizes for the Expressways and Freeways in 40 CFR 88.311–93 and their labeling new Section 2B.52 Yield Here To must be in accordance with 40 CFR W7 series truck runaway signs, sizes for Pedestrians Signs (R1–6, R1–6a). These the Expressways and Freeways W12–2P 88.311–93(c). proposed new signs alert road users of The proposed changes in Section low clearance signs, and increasing the the presence of an unsignalized sizes for all roadways except Freeways 2B.49 are to assure consistency with the midblock pedestrian crossing. The provisions of Titles 23 and 49 of the for the W10–1 advance grade crossing FHWA proposes including a sign, to enhance visibility of this sign United States Code (USC), with STANDARD statement, which states commitments made by FHWA during for all road users, including older that if YIELD lines are used in advance drivers. The FHWA proposes that the the National Environmental Policy Act of an unsignalized marked crosswalk, process, and with requirements under larger sizes become effective the YIELD HERE TO PEDESTRIANS immediately for new or replacement of the Clean Air Act. (R1–5 or R1–5a) signs, shall be placed 46. In Section 2B.50 High-Occupancy damaged existing sign installations. The 6.1 to 15 m (20 to 50 ft) in advance of FHWA proposes a phase-in compliance Vehicle Sign Applications and the nearest crosswalk line. The purpose Placement, the FHWA proposes adding period of 10 years for existing signs in of the STANDARD is to provide for the good condition to minimize any impact a SUPPORT statement after the uniform use and placement of these GUIDANCE statement, which states that on State or local highway agencies. signs and improved pedestrian safety. 53. In Section 2C.05 Placement of Figures 2E–44 through 2E–48 show The FHWA proposes that this change Warning Signs, the FHWA proposes application and placement examples of become effective immediately for new changing Table 2C–4 so that the HOV signing for entrances to barrier- or replacement of damaged existing sign distances for the placement of advance separated HOV lanes and direct installations. The FHWA proposes a warning signs correspond to the values entrances to and exits from HOV lanes. phase-in compliance period of 10 years in the 2001 AASHTO ‘‘A Policy on This figure reference will clarify the for existing signs in good condition to Geometric Design of Highway and intended use of these signs. minimize any impact on State or local Streets’’3 book and to make the table 47. The FHWA proposes highway agencies. easier to use. redesignating current Section 2B.51 50. The FHWA proposes adding a Other Regulatory Signs, as Section new Section 2B.53 In-Street Pedestrian 3 ‘‘A Policy on Geometric Design of Highways and 2B.54 and revising the STANDARD Crossing Signs (R1–6, R1–6a). These Streets,’’ 4th Edition, 2001, in both hardcopy and statement to indicate that the symbol for proposed new signs remind road users CD–ROM, is available from the American
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In Table 2C–4, the FHWA proposes very well outlined with delineators or 56. In Section 2C.10 Chevron combining the ‘‘Condition B’’ and chevron signs. Since crashes are still Alignment Sign (W1–8), the FHWA ‘‘Condition C’’ columns and labeling occurring, the FHWA believes that there proposes adding to the STANDARD them ‘‘Condition B’’. The FHWA also is a need to remind drivers of the statement that a border shall not be used proposes adding columns for 90, 100, recommended reduction in speed as on the CHEVRON ALIGNMENT sign. and 110 km/h and 60 and 70 mph for they proceed along the curve or ramp. The purpose of this change is to correct the deceleration to the listed advisory Additionally, the FHWA proposes an error in the current edition. speed and rows for 70 and 75 mph for adding to Table 2C–5 to show the metric 57. In Section 2C.11 Hill Signs (W7– the Posted or 85th Percentile Speed. speed value of less than or equal to 50 1, W7–1a, W7–1b), the FHWA proposes Finally, the FHWA proposes revising km/h along with the English unit of less adding to the GUIDANCE statement to the Notes to reflect the proposed than or equal to 30 mph and showing clarify that on longer grades, the Hill changes throughout the MUTCD. These the metric speed value of greater than 50 sign with distance (W7–3a) plaque or changes to Table 2C–4 are proposed to km/h along with the English unit of the combination distance/grade (W7–3b) reflect the needs of older road users, and greater than 30 mph. The metric values plaque at periodic intervals of to improve the clarity of the Notes. were inadvertently omitted from the approximately 1.6 km (1 mi) spacing 54. In Section 2C.06, the FHWA Millennium Edition of the MUTCD. should be considered. This change is proposes changing the title from 55. In Section 2C.07, the FHWA proposed to clarify that the plaques ‘‘Horizontal Alignment Signs (W1–1 proposes changing the title from should not be used alone but should through W1–5)’’ to ‘‘Horizontal ‘‘Combination Horizontal Alignment/ supplement the Hill sign. Alignment Signs (W1–1 through W1–5, Advisory Speed Signs (W1–9)’’ to W1–10, W1–11, W1–15)’’ to reflect the 58. In Section 2C.12 Truck Escape ‘‘Combination Horizontal Alignment/ Ramp Signs (W7–4 Series), the FHWA proposed Hairpin Curve (W1–11) sign Advisory Speed Signs’’. The FHWA also and the 270 Degree Loop (W1–15) sign. proposes adding to the STANDARD proposes changes to the first OPTION statement to indicate that at least one of In the first OPTION statement, the statement to allow the combination into FHWA proposes recommending the use the W7–4 series warning signs shall be a single sign of any Horizontal of the Hairpin Curve sign and the 270 used when truck escape ramps are Alignment sign with an Advisory Speed Degree Loop sign based on the change installed. This change clarifies that (W13–1) plaque. The resulting sign in horizontal alignment. These new additional warning signs may be used as number for the combination sign would signs would better portray the severe conditions warrant. be the Horizontal Alignment sign curvature for these types of alignment number with an ‘‘a’’ added. This change 59. In Section 2C.13, the FHWA changes. will provide additional flexibility to proposes changing the title from ‘‘ROAD The FHWA also proposes adding to jurisdictions. NARROWS Sign (W5–1)’’ to ‘‘ROAD the GUIDANCE statement. The The FHWA proposes revising the NARROWS Sign (W5–1, W5–1a)’’ to proposed addition recommends reflect the new symbolic Road Narrows installing a One-Direction Large Arrow STANDARD statement. When a combination Horizontal Alignment/ (W1–5a) sign. The Narrow Bridge (W5– (W1–6) sign or Chevron Alignment 2a) symbol sign would be renumbered (W1–8) sign on the outside of a turn or Advisory Speed sign is used, the proposed revised STANDARD statement and retitled as the new Road Narrows curve when the Hairpin Curve sign or (W5–1a) symbol sign. The Road 270-Degree Loop sign is installed. The will require that the advisory speed match the advisory speed on the Narrows (W5–1a) symbol sign may be reason for this recommendation is to used as an alternate to the word message provide for enhanced warning to road Advisory Speed plaque mounted with the advance warning sign and that the ROAD NARROWS (W1–5) word sign. users of the severe alignment change The FHWA proposes these changes and reduce run-off-the-road crashes. sign also be installed as near as practical to the beginning of the turn or curve, as because the road user’s understanding The FHWA also proposes adding a of the symbol is not exclusively as second GUIDANCE statement following depicted on new Figure 2C–2. When the recommended reduction in speed is 20 ‘‘narrow bridge ahead,’’ but rather as the STANDARD statement. This symbolic of any narrowing of the road, proposed GUIDANCE recommends that km/h (15 mph) or greater, the proposed revised STANDARD will require that such as the presence of curb bulb-outs the need for additional curve warning or chicanes. signs or advisory speed reduction the combination Horizontal Alignment/ warning plaques be based on an Advisory Speed sign supplement other 60. In Section 2C.14 NARROW engineering study or on engineering advance warning signs. BRIDGE Sign (W5–2), the FHWA judgment. The reason for this Additionally, the FHWA proposes proposes removing the reference to the recommendation is that highway curves adding an OPTION statement, which Narrow Bridge symbol (W5–2b) sign tend to be high crash locations with the states that when the recommended from the OPTION statement. This crash rate about three times the rate for reduction in speed is less than 25 change reflects the proposed change of highway tangent segments and with the km/h (15 mph), instead of installing the Narrow Bridge symbol (W5–2b) sign run-off-the-road crash rate about four other advance warning signs, the to the Road Narrows symbol (W5–1a) times the tangent segment rate. combination Horizontal Alignment/ sign. The FHWA proposes adding an Advisory Speed sign alone may be 61. In Section 2C.17 Divided Highway OPTION statement that provides a installed just before the point of (Road) Ends Sign (W6–2), the FHWA method that may be used to determine curvature. The combination Horizontal proposes modifying the GUIDANCE the need for additional speed reduction Alignment/Advisory Speed sign may be statement to clarify that a Divided warning signs. The FHWA proposes used throughout the turn or curve. Highway Ends (W6–2) symbol sign these optional criteria for determining The proposed changes to Section should be used in advance of the end of the need for additional recommended 2C.07 provide for enhanced uniformity a section of physically divided highway speed reduction signs to mitigate the of application of these types of signs (not an intersection or junction) as a high number of run-off-the-road crashes and improved safety on curves and warning of two-way traffic ahead. The along curves and ramps. Most curves are turns. reason for this change is that the
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warning sign should be placed in STANDARD statement requires the use FHWA proposes that this change advance of, rather than at, the start of of the SHOULDER DROP-OFF (W8–9a) become effective immediately for new the divided highway section. sign when a shoulder drop-off, adjacent or replacement of damaged existing sign 62. In Section 2C.19 DEAD END/NO to the travel lane, exceeds 75 mm (3 in) installations. The FHWA proposes a OUTLET Sign (W14–1, W14–2), the in depth and is not protected by phase-in compliance period of 10 years FHWA proposes modifying the portable barriers. The FHWA also for existing signs in good condition to STANDARD statement to clarify that proposes removing the part of the minimize any impact on State or local when the W14–1 or W14–2 sign is used, GUIDANCE statement concerning the highway agencies. the sign shall be posted as near as use of the SHOULDER DROP-OFF sign 70. In Section 2C.29 Added Lane Sign practical to the entry point or at a since it is covered in the proposed new (W4–3), the FHWA proposes changing sufficient advance distance to permit STANDARD statement. This the title to reflect the addition of the the road user to avoid the dead end or STANDARD statement is identical to new Entering Roadway Added Lane no outlet condition by turning off, if the STANDARD statement in Section (W4–3a) sign. In addition to the title possible, at the nearest intersecting 6F.41 (Shoulder and UNEVEN LANES change, the FHWA proposes an addition street. The change is proposed to give Signs). This proposed requirement is to to the GUIDANCE statement, which additional flexibility to jurisdictions represent the state-of-the-practice. states that when an Added Lane sign is when posting the sign at the exact entry 67. In Section 2C.26 Advance Traffic to be installed on a roadway that curves point is not practical due to obstructions Control Signs (W3–1a, W3–2a, W3–3, before converging with another roadway or other factors. W3–4), the FHWA proposes clarifying that has a tangent alignment at the point 63. In Section 2C.20 Low Clearance that the reference to a beacon in the of convergence, the Entering Roadway Signs (W12–2 and W12–2P), the FHWA second OPTION statement and the Added Lane (W4–3a) sign should be proposes clarifying the STANDARD second GUIDANCE statement is a used. This sign is recommended for this statement by removing the words ‘‘or reference to a warning beacon. This condition because it would better minimum structure height’’. This clarification is necessary to be portray the actual geometric conditions change is proposed to clarify the proper consistent with prescribed use of to road users on the entering roadway. application of Low Clearance signs. warning beacons in Part 4 of the The FHWA proposes that this change Additionally, the FHWA proposes MUTCD. become effective immediately for new clarifying the GUIDANCE statement by 68. In Section 2C.27 CROSS TRAFFIC or replacement of damaged existing sign changing the phrase ‘‘legal limit’’ to DOES NOT STOP Plaque (W4–4), the installations. The FHWA proposes a ‘‘legal maximum vehicle height’’ to FWHA proposes replacing the entire phase-in compliance period of 10 years reflect more precisely the proper section with new OPTION and for existing signs in good condition to dimension. STANDARD statements. The OPTION minimize any impact on State or local 64. In Section 2C.21 BUMP and DIP statement specifies that the CROSS highway agencies. Signs (W8–1, W8–2), the FHWA TRAFFIC DOES NOT STOP (W4–4) 71. In Section 2C.30, the FHWA proposes modifying the second plaque may be used in combination proposes changing the title of the GUIDANCE statement to clarify that a with a STOP sign when engineering section from ‘‘Lane Ends Signs (W9–1, short stretch of depressed alignment judgment indicates drivers frequently W9–2)’’ to ‘‘Lane Ends Signs (W4–2, that might momentarily hide a vehicle misinterpret the intersection as a multi- W9–1, W9–2).’’ This title change reflects should be treated as a no-passing zone way stop condition. The STANDARD the addition of the Lane Reduction when centerline striping is provided on statement specifies that if the W4–4 (W4–2) sign, which was included in a two-lane or three-lane road. The plaque is used, it shall be installed previous editions of the MUTCD but not proposed change replaces the word below the STOP sign. The proposed in the Millennium Edition. ‘‘may’’ with ‘‘might’’ to avoid possible new text for this section is necessary to The FHWA proposes changing the confusion of this as an OPTION provide for more uniform application of design of the Lane Reduction (W4–2) statement, and clarifies that the use of this plaque. symbol sign to improve the a no-passing zone in this situation only Additionally, the FHWA proposes comprehension by road users. The new applies when centerline striping is removing the arrow from the design of design has been developed by human provided on the road. the plaque to reduce potential confusion factors research studies and will be 65. In Section 2C.22 SPEED HUMP and misunderstanding as to whether the similar to one being used successfully in Sign (W17–1), the FHWA proposes arrow denotes the direction cross traffic Canada. The FHWA proposes that this adding a sentence to the OPTION is flowing or the direction toward which change become effective immediately statement to allow the use of the legend the driver is to look for cross traffic. for new or replacement of damaged SPEED BUMP instead of the legend 69. In Section 2C.28 Merge Sign (W4– existing sign installations. The FHWA SPEED HUMP on the W17–1 sign. This 1), the FHWA proposes changing the proposes a phase-in compliance period proposed addition provides additional title to reflect the addition of the new of 10 years for existing signs in good flexibility to jurisdictions and to reduce Entering Roadway Merge (W4–1a) sign. condition to minimize any impact on sign inventory. In addition to the title change, the State or local highway agencies. 66. In Section 2C.24, the FHWA FHWA proposes adding a Additionally, the FHWA proposes proposes changing the title from recommendation to the GUIDANCE adding the Lane Reduction (W4–2) ‘‘SHOULDER Signs (W8–4, W8–9, W8– statement, which states that when a symbol sign to the first and second 9a, and W8–11)’’ to ‘‘SHOULDER and Merge sign is to be installed on an GUIDANCE statements and to the UNEVEN LANES Signs (W8–4, W8–9, entering roadway that curves before OPTION statement, indicating that the W8–9a, and W8–11)’’. This new title is merging with the major roadway, the W4–2 symbol sign is an alternative to more accurate since the UNEVEN Entering Roadway Merge (W4–1a) sign the LANE ENDS MERGE LEFT (RIGHT) LANES (W8–11) sign is distinguished should be used. This sign is (W9–2) word sign. This will provide from the Shoulder signs. recommended for this condition additional flexibility to jurisdictions. The FHWA proposes adding a because it would better portray the 72. In Section 2C.33 Advisory Exit, STANDARD statement just before the actual geometric conditions to road Ramp, and Curve Speed Signs (W13–2, GUIDANCE statement. The proposed users on the entering roadway. The W13–3, W13–5), the FHWA proposes
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changing the design of the metric exit 74. In Section 2C.36, the FHWA to provide advance notice to road users speed, ramp speed, and curve speed proposes changing the title from of crossing activity. signs, and advisory speed signs/plaques ‘‘Motorized Traffic Signs (W8–6, W11– Additionally, the FHWA proposes so that the metric speed value is within 5, W11–8, W11–10)’’ to ‘‘Motorized modifying the STANDARD statement to a black circle with ‘‘km/h’’ below. This Traffic Signs (W8–6, W11–5, W11–5a, clarify that when Nonvehicular warning new design will better differentiate W11–8, W11–10, W11–10a, W11–12)’’ signs are used at the crossing, the signs between signs and plaques with metric to include the optional Farm Machinery shall be supplemented with a diagonal units for speed from those using English (W11–5a) symbol sign which was downward pointing arrow (W16–1) units for speed. inadvertently omitted, and to reflect a plaque showing the location of the The FHWA also proposes adding proposed Dump Truck (11–10a) sign for crossing. This proposed modification ‘‘Figure 2C–8 Example of Advisory use in work zones and other locations reflects the fact that Nonvehicular Speed Signing for an Exit Ramp’’. This where there is a concentration of dump warning signs can be used either in figure illustrates the use of the Exit truck crossing or entering the roadway, advance of or at the crossing, and is Speed sign along the deceleration lane and a proposed Emergency Signal consistent with the practice of using the and the use of the Ramp Speed signs Ahead (W11–12) supplemental plaque diagonal downward pointing arrow with along the actual ramp. The figure will for use with the W11–8 sign. other crossing signs. clarify application of these signs to In the first OPTION statement, the Additionally, the FHWA proposes jurisdictions. FHWA proposes adding a statement that adding to the third OPTION statement Additionally, the FHWA proposes the TRUCK CROSSING (W8–6) word to clarify that Pedestrian, Bicycle, adding to the OPTION statement at the message sign may be used as an School Advance Crossing, and School end of the section, which states that the alternate to the Truck Crossing symbol Crossing signs and their related 85th percentile speed, which is sign, to provide additional flexibility. supplemental plaques may have a equivalent to the 16 degree ballbank In the second OPTION statement, the fluorescent yellow-green background with a black legend and border. This indication or an 85 mm/second (0.28 ft/ FHWA proposes adding that a second) reading on an accelerometer, proposed change reflects the common supplemental plaque with the legend may be used to determine the practice for supplemental plaques to be SHARE THE ROAD may be mounted recommended speed along the ramp or of the same color as the signs they below Motorized Traffic warning signs. curve as it is the speed at which most supplement. The purpose of this addition is to allow road users’ judgment recognizes 76. In Section 2C.42 Advisory Speed the use of this sign to provide additional incipient instability along a ramp or Plaque (W13–1), the FHWA proposes warning to road users. curve. The FHWA proposes this adding to the first OPTION statement to OPTION criteria to enhance the 75. In Section 2C.37, the FHWA clarify that the Advisory Speed (W13– uniformity of determining the proposes changing the title from 1) plaque may be used to supplement recommended advisory speed and to ‘‘Crossing Signs (W11–1, W11–2, W11– any warning sign to indicate the provide additional warning to motorists 3, W11–4, W16–7P)’’ to ‘‘Nonvehicular recommended speed for a condition. since highway curves have a crash rate Signs (W11–1, W11–2, W11–3, W11–4, This will provide additional flexibility about three times the rate for highway W11–11, W11–14, W11–14a, W11–15)’’ for jurisdictions. tangent segments and a run-off-the-road to reflect the addition of the following In the STANDARD statement, the crash rate about four times the tangent proposed signs: Golf Cart (W11–11) FHWA proposes requiring the use of the segment rate. symbol sign, Horse and Buggy (W11–14) Advisory Speed plaque where an 73. In Section 2C.34 Intersection symbol sign, Horse and Carriage (W11– engineering study indicates a need to Warning Signs (W2–1 through W2–6), 14a) symbol sign, and the Waterfowl advise road users of the recommended the FHWA proposes changing the Crossing (W11–15) symbol sign. Many speed for a condition and if they are design of the CIRCULAR variations of these symbol signs are used, the speed shown shall be a INTERSECTION (W2–6) sign to a currently being used and these designs multiple of 10 km/h (5 mph). This symbol sign with three rotating arrows will create a set of uniform symbol change is needed to clarify that to better portray the operations at messages for road users. The FHWA engineering studies are needed to circular intersections. The FHWA proposes that these changes become determine the need for an Advisory proposes that this change become effective immediately for new or Speed plaque and to determine what the effective immediately for new or replacement of damaged existing sign recommended speed is for the replacement of damaged existing sign installations. The FHWA proposes a condition. installations. The FHWA proposes a phase-in compliance period of 10 years Additionally, the FHWA proposes phase-in compliance period of 10 years for existing signs in good condition to adding an OPTION statement at the end for existing signs in good condition to minimize any impact on State or local of the section, which states that the minimize any impact on State or local highway agencies. 85th-percentile speed, which is highway agencies. The FHWA also proposes clarifying equivalent to the 16 degree ballbank Additionally, the FHWA proposes the first OPTION statement to add golf indication or an 85 mm/second (0.28 ft/ modifying the GUIDANCE statement. carts and horse-drawn vehicles to the second) reading on an accelerometer, The proposed changes clarify that the list of crossing activities for which may be used to determine the recommendation to not use Intersection Nonvehicular signs may be used to alert recommended speed along the ramp or Warning signs on controlled approaches road users. This reflects the addition of curve as it is the speed at which most does not apply to the use of the Circular new signs for this purpose. road users’ judgment recognizes Intersection Warning symbol (W2–6) The FHWA also proposes clarifying incipient instability along a ramp or sign, and add a recommendation that the second OPTION statement to clarify curve. This provides jurisdictions with this sign should be used on the that the supplemental plaques such as several optional methods of determining approach to a YIELD sign controlled AHEAD or XX METERS may be used recommended speeds, reflecting current roundabout intersection. These changes with the Nonvehicular warning signs, practices. are proposed to reflect state of the when used in advance of a crossing. 77. In Section 2C.43, the FHWA practice regarding roundabouts. These plaques are specifically intended proposes changing the title from
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‘‘Supplemental Arrow Plaques (W16– proposed Section 2B.51. The FHWA Additionally, the FHWA proposes 5P, W16–6P)’’ to ‘‘Supplemental Arrow proposes that this change become including a STANDARD statement, Plaques (W16–5, W16–6, W16–7)’’ to effective immediately for new or which requires that a Speed Reduction remove the ‘‘p’’ suffix and to reflect the replacement of damaged existing sign sign be followed by a Speed Limit (R2– existence of the diagonally pointing installations. The FHWA proposes a 1) sign installed at the beginning of the down arrow plaque and include the phase-in compliance period of 10 years zone where the speed limit applies and designation in the section text. for existing signs in good condition to that the speed limit displayed on the 78. In Section 2C.46 DEAD END/NO minimize any impact on State or local Speed Reduction sign shall be identical OUTLET Plaques (W14–1P, W14–2P), highway agencies. to the speed limit displayed on the the FHWA proposes adding to the Additionally, the FHWA proposes subsequent Speed Limit sign. This is OPTION statement to clarify that DEAD adding a STANDARD statement to needed to provide for uniform END (W14–1P) or NO OUTLET (W14– require that, if used below a warning application of these signs. 2P) plaques may be used in combination sign, the PHOTO ENFORCED plaque be 82. The FHWA proposes adding a with Street Name (D3) signs to warn a rectangle with a black legend and new section, numbered and titled turning traffic that the crossroad ends in border on a yellow background. This ‘‘Section 2C.52 BRIDGE ICES BEFORE the direction indicated by the arrow on STANDARD is proposed to make the ROAD Sign (W8–13).’’ This proposed the plaque and that where there the color of the plaque consistent with the new section includes an OPTION cross street has no name, the plaque color of the warning sign it statement on the use of the proposed may be used alone in place of a street supplements. BRIDGE ICES BEFORE ROAD sign, name sign. The proposed change will 81. The FHWA proposes adding a which states that the sign may be used clarify the proper use of these types of new section, numbered and titled in advance of bridges to advise road plaques with street name signs or alone. ‘‘Section 2C.50 HILL BLOCKS VIEW users as they approach and traverse the Additionally, the FHWA proposes Sign (W7–6).’’ This proposed new bridge during winter weather removing the STANDARD statement, section includes an OPTION statement conditions. which requires the use of the DEAD Additionally, the FHWA proposes on the use of the proposed HILL END or NO OUTLET plaque where including a GUIDANCE statement, BLOCKS VIEW sign in advance of the traffic can proceed straight through the which recommends that the BRIDGE crest of a vertical curve to advise road intersection to the dead end or no outlet ICES BEFORE ROAD sign be removed or users to reduce speed and to look for street. This STANDARD is proposed for covered during seasons of the year when vehicles and other roadway users as removal because it is no longer its message is not relevant. they approach and traverse the hill as appropriate. The preferred practice This proposed new section will only limited sight distance is available. under the conditions cited is the use of provide for uniform design and the DEAD END (W4–1) and NO The FHWA proposes adding this sign application of a sign for warning of the OUTLET (W4–2) warning signs rather because it is in use, fulfills an important specific condition. than the plaques. need, and has been found by research to 84. The FHWA proposes adding a 79. The FHWA proposes adding a be well understood by road users. new section, numbered and titled new section, numbered and titled Additionally, the FHWA proposes ‘‘Section 2C.53 Traffic Signal Signs ‘‘Section 2C.48 High Occupancy Vehicle including a GUIDANCE statement, (W25–1, W25–2).’’ This proposed new (HOV) Plaque (W16–1).’’ This proposed which states that when a HILL BLOCKS section includes a STANDARD new section includes an OPTION VIEW sign is used, an Advisory Speed statement on the use of the proposed statement on the use of the proposed plaque based on available stopping sight CAUTION ONCOMING GREEN High Occupancy Vehicle (HOV) Plaque. distance should accompany it. This is EXTENDED (W25–1) and CAUTION Specifically, an HOV (W16–1) plaque proposed because road users should be ONCOMING GREEN MAY BE may be used to warn drivers in an HOV advised of the recommended speed for EXTENDED (W25–2) traffic signal signs. lane of a specific condition and to traversing the hillcrest. The STANDARD statement requires that differentiate a warning sign specific for 82. The FHWA proposes adding a unless a separate left-turn signal face is HOV lanes when the sign is also visible new section, numbered and titled provided and is operated as described in to traffic on the adjoining general ‘‘Section 2C.51 Speed Reduction Signs Section 4D.06, if the possibility exists purpose roadway. Additionally the (W3–5, W3–5a).’’ This proposed new that a CIRCULAR YELLOW signal diamond symbol may be used instead of section includes a GUIDANCE indication could be displayed to an the word message HOV and, when statement, which recommends using the approach from which drivers are appropriate, the words LANE or ONLY proposed Speed Reduction signs to turning left permissively without the may be used. This will enhance road inform road users of a reduced speed simultaneous display of a CIRCULAR user understanding of which signs zone when engineering judgment YELLOW signal indication to the apply to which lanes. indicates the need for advance notice to opposing approach (see Section 4D.05), 80. The FHWA proposes adding a comply with the posted speed limit either a W25–1 or a W25–2 sign be new section numbered and titled ahead. These proposed new warning installed near the left-most signal head. ‘‘Section 2C.49 PHOTO ENFORCED signs replace the R2–5a, b, and c signs The FHWA proposes adding this new Plaque (W16–10).’’ This proposed new because the intended message is more section because these signs are proposed section includes an OPTION statement properly categorized as a warning in Chapter 4D as one of several ways to on the use of the proposed PHOTO message rather than regulatory message. eliminate or reduce safety issues ENFORCED plaque in advance of The FHWA proposes that this change associated with the ‘‘yellow trap’’ in locations of photo enforcement of traffic become effective immediately for new some traffic signal phasing sequences. laws, thereby, alerting motorists of the or replacement of damaged existing sign 85. The FHWA proposes adding a use of cameras as an enforcement tool. installations. The FHWA proposes a new section, numbered and titled This change is proposed for consistency phase-in compliance period of 10 years ‘‘Section 2C.54 Truck Rollover Warning with the proposed addition of the for existing signs in good condition to Signs (W1–13, W1–13a).’’ This proposed PHOTO ENFORCED plaque for use with minimize any impact on State or local new section includes OPTION and regulatory signs, as described in highway agencies. STANDARD statements on the use of
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the proposed Truck Rollover Warning reduced letter height, reduced interline 93. In Section 2D.31 Confirming or signs to warn driver of vehicles with a spacing, and reduced edge spacing may Reassurance Assemblies, the FHWA high center of gravity of a curve or turn be used on guide signs if the sign size proposes removing from the having geometric conditions that are is limited by factors such as lane width, STANDARD statement the requirement prone to cause such vehicles to lose and vertical and lateral clearance. that, if used, the Confirming Assembly control and overturn. This proposed Additionally, the FHWA proposes be installed just beyond intersections of new section will provide for uniform adding a STANDARD statement that numbered routes. design and application of signs for this prohibits the use of reduced spacing Additionally, in the first GUIDANCE purpose. The FHWA proposes that this between the letters or words of the statement, the FHWA proposes change become effective immediately legend as a means of reducing the recommending that a Confirming for new or replacement of damaged overall size of a guide sign. Assembly should be installed just existing sign installations. The FHWA The proposed changes to this section beyond intersections of numbered proposes a phase-in compliance period will provide for enhanced legibility of routes. of 10 years for existing signs in good guide signs, especially for older road These changes are proposed because condition to minimize any impact on users. use of the confirming assembly beyond State or local highway agencies. 88. In Section 2D.06 Size of Lettering, intersections with numbered routes 86. In Section 2D.03 Color, the FHWA proposes removing the last should be a recommended practice Retroreflection, and Illumination, the paragraph in the STANDARD statement, rather than completely optional. The FHWA proposes adding a SUPPORT which required sign panels to be large confirming assembly provides highly statement following the STANDARD enough to accommodate the legend desirable information to road users. statement, which states that color without crowding. That information has These proposed changes allow coding is sometimes used to help road been modified and included in Section flexibility in installing the signs to users distinguish between multiple 2D.04, where it is more appropriately adjust to roadside conditions. potentially confusing destinations. The located. 94. In Section 2D.34, the FHWA SUPPPORT statement gives examples of 89. In Section 2D.17 ALTERNATE proposes changing the title from valuable uses of color coding including Auxiliary Signs (M4–1, M4–1a), the ‘‘Destination Signs’’ to ‘‘Destination guide signs for roadways approaching or FHWA proposes adding the qualifiers of Signs (D1 Series)’’ and to add the sign inside an airport property with multiple time or distance to the word ‘‘shorter’’ number designations to the section text terminals serving multiple airlines, and in the GUIDANCE statement. This to clarify which signs are applicable to wayfinding signs for various addition clarifies that the shorter (time the material in the section. neighborhoods, business areas, or traffic or distance) or better-constructed route The FHWA proposes moving material generator destinations within a should retain the regular route number. concerning the use of a sloping arrow at community or area. This will clarify that the shorter route an irregular intersection from the The FHWA proposes adding a second can be defined in terms of either time second GUIDANCE statement to a new STANDARD statement that prohibits the or distance, and will provide additional second OPTION statement. This use of different color sign backgrounds flexibility. proposed change removes unclear to provide color-coding of destinations 90. In Section 2D.23, the FHWA language and clarifies that the sloping and that requires that the color-coding propose changing the title from arrow use is optional. shall be accomplished by the use of ‘‘TEMPORARY Auxiliary Sign (M4–7)’’ 95. In Section 2D.36, the FHWA different colored square or rectangular to ‘‘TEMPORARY Auxiliary Sign (M4– proposes changing the title from panels on the face of the guide signs. 7, M4–7a)’’ to reflect the addition of the ‘‘Distance Signs’’ to ‘‘Distance Signs (D2 The FHWA also proposes adding an new TEMP (M4–7a) sign and to add the Series)’’, adding the sign number OPTION statement, which states that TEMP (M4–7a) sign to the OPTION and designations to the section text to clarify the different colored panels may include STANDARD statements. The TEMP sign which signs are applicable to the a black or white (whichever provides is proposed for improved legibility. material in the section, and adding the the better contrast with the panel color) 91. In Section 2D.26 Directional D2–3 (3 destination distance sign) to the letter, numeral, or other appropriate Arrow Auxiliary Signs (M6 Series), the text, to reflect all the signs included in designation to identify the airport FHWA proposes removing the M6–8 the series. terminal or other destination. and M6–9 multiple direction advance Additionally, in the first GUIDANCE Additionally, the FHWA proposes arrow auxiliary signs. These specific statement, the FHWA proposes adding a adding a SUPPORT statement, which arrow signs are not consistent in design recommendation that the distance states that two examples of color-coded concept with the other Directional shown on the sign be the distance to the guide sign assemblies are shown in Arrow Auxiliary Signs, and the M6–6 center of the central business district, or Figure 2D–1. Figure 2D–1 is a proposed and M6–4 signs or separate assemblies to the point where the major north/ new figure titled ‘‘Examples of Color- for each route direction should be used south and east/west routes serving the Coded Destination Guide Signs’’ and instead to provide enhanced clarity to city intersect, or to some point near the illustrates two overhead guide signs road users. center of the city. The FHWA proposes examples of color-coded airport 92. In Section 2D.27 Route Sign this addition because this distance terminal destination guide signs and an Assemblies, the FHWA proposes measurement is the general practice example of a color-coded community renumbering Figure 2D–2 to become used by State and local agencies. destination guide sign. Figure 2D–6 and modifying all three 96. In Section 2D.38, the FHWA The proposed changes to Section sheets of the figure to make the sign proposes changing the title from ‘‘Street 2D.03 will provide for enhanced assemblies illustrated in the figure Name Sign (D3)’’ to ‘‘Street Name Sign uniformity of design and application of consistent with requirements in Section (D3–1)’’. In the first GUIDANCE color-coding of destinations in guide 2D.15 regarding the size of the initial statement the FHWA proposes adding a signs. letter of the Cardinal Direction recommendation that on multi-lane 87. In Section 2D.04 Size of Signs, the Auxiliary Signs, and to illustrate streets with speed limits of 60 km/h (40 FHWA proposes rephrasing the first directional assemblies that reflect the mph) or more the minimum letter size OPTION statement to clarify that most recent state of the practice. should be 200 mm (8 in). Larger letter
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sizes are needed to improve sign and suburban areas, especially where reflect the assignment of 511 as the legibility and safety for older drivers. In Advance Street Name signs are not nationwide traveler information this same GUIDANCE statement, the used, overhead-mounted street name telephone number. FHWA proposes deleting the signs be considered. If overhead Street Additionally, the FHWA proposes recommendation that larger letter Name signs are used, the lettering changing the words ‘‘CB Monitoring’’ in heights be used for Street Name signs should be at least 300 mm (12 inch) the existing fifth OPTION statement to mounted overhead, because more high in capital letters or 300 mm (12 in) ‘‘Channel 9 Monitored’’ and to make a specific guidance is being proposed to upper-case letters with 225 mm (9 in) corresponding change in item C of the be added elsewhere in this section. lower-case letters. This proposal reflects following GUIDANCE statement. These The FHWA also proposes adding a the need for enhanced visibility and changes reflect current practice and clarification to the first OPTION legibility of Street Name signs for road terminology. The FHWA proposes that statement. Currently the OPTION users, especially older people, in the this change become effective statement generally states that a symbol complex driving environments of urban immediately for new or replacement of or letter designation may be used to and suburban areas. damaged existing sign installations. The identify the government jurisdiction. Additionally, the FHWA proposes FHWA proposes a phase-in compliance The proposed paragraph provides more adding a SUPPORT statement at the end period of 10 years for existing signs in specificity by stating that a symbol or of the section referencing Section 2C.45 good condition to minimize any impact letter designation may be used on a for information regarding the use of on State or local highway agencies. Street Name sign to identify the street name signs as supplemental 99. In existing Section 2D.45 (new governmental jurisdiction, area of plaques below intersection-related Section 2D.46), the FWHA proposes jurisdiction, or other government- warning signs. The FHWA proposes that changing the title from ‘‘Reference Posts approved institution. This change is these changes become effective (D10–1 through D10–3)’’ to ‘‘Reference proposed to provide additional immediately for new or replacement of Location Signs (D10–1 through D10–8)’’ flexibility for jurisdictions that install damaged existing sign installations. The and to change the term ‘‘reference Street Name signs. FHWA proposes a phase-in compliance posts’’ to ‘‘reference location signs’’ The FHWA proposes adding to the period until January 9, 2012, for existing throughout the section to correspond to first STANDARD statement that if a signs in good condition to minimize any terminology used throughout the symbol or letter designation is used, the impact on State or local highway MUTCD. height, in addition to the width, of the agencies. This date corresponds with The FHWA proposes two changes to symbol or letter designation shall not the existing compliance period for the first STANDARD statement. First, exceed the letter height of the sign. This increasing the letter height to 150 mm the FHWA proposes distinguishing proposal will provide for more uniform (6 in) on all street name signs. between use on conventional roads and Street Name sign design and assure that 97. The FHWA proposes adding a freeways. The design of reference the name of the street will have more new section, numbered and titled location signs used on conventional prominence on the sign than the ‘‘Section 2D.39 Advance Street Name roads is the same as currently listed in jurisdictional symbol or letter Signs (D3–2)’’ immediately following the STANDARD. If reference location designation. Section 2D.38. The FHWA proposes signs are used on freeways or Two changes are proposed in the SUPPORT, STANDARD, OPTION, and expressways, the FHWA proposes second OPTION statement. First, the GUIDANCE statements to describe the requiring that the reference location FHWA proposes eliminating midblock uses, placement, legend, and lettering signs be designed in accordance with locations from the provision concerning sizes for Advance Street Name signs. the STANDARDS contained in Section locations where Street Name signs may The proposed new section is needed to 2E.54, for consistency with other signs be installed, because Street Name signs provide for uniform design and used on expressways or freeways. are not appropriate at non-intersection application of Advance Street Name Second, the FHWA proposes requiring locations. At midblock locations, signs. The following sections would be the installation of reference location Advance Street Name signs, as renumbered accordingly. The FHWA signs on the right side of the roadway, described in a subsequent section, are proposes a phase-in compliance period except where conditions limit or restrict appropriate to provide advance notice of until January 9, 2012, for existing signs the use of such signs on the right side the next intersection. Second, the in good condition to minimize any of the roadway. This is proposed for FHWA proposes eliminating the impact on State or local highway enhanced uniformity of location of these provision allowing the installation of a agencies. This date corresponds with signs. supplemental Street Name sign the existing compliance period for The FHWA proposes two changes to separately or below an intersection- increasing the letter height to 150 mm the last OPTION statement. First, the related warning sign on intersection (6 in) on all street name signs. FHWA proposes changing the suggested approaches, because this is an 98. In existing Section 2D.44 (new spacing of intermediate reference inappropriate use. Instead, the Advance Section 2D.45) General Service Signs location signs from one, two, or five Street Name plaque, as described in (D9 Series), the FHWA proposes adding tenths of a kilometer (or mile) to one- Section 2C.45, is appropriate for this Electric Vehicle Charging to the list of tenth of a kilometer (or mile) or some purpose. services, one or more of which General other regular spacing, for enhanced The FHWA proposes changes to the Services signs must carry, in accordance consistency and uniformity. Second, the fourth GUIDANCE statement. First, the with the second STANDARD statement. FHWA proposes that to further enhance FHWA proposes eliminating the The FHWA proposes removing the reference location sign system, a recommendation on the color of the references in the fourth OPTION new enhanced reference location (D10– supplemental Street Name sign when it statement to the Road Conditions Dial 7) sign and a new enhanced is combined with a warning sign, 511 (D12–5) sign and adding new intermediate reference location (D10–8) because this is now termed an Advance OPTION, STANDARD, and GUIDANCE sign may be installed at one-tenth of a Street Name plaque and is discussed in statements regarding the use and design kilometer (mile) interval, or at some Section 2C.45. Second, the FHWA of the redesigned TRAVELER INFO other regular spacing. Evaluation of proposes recommending that in urban CALL 511 (D12–5) sign. These changes experimental systems indicates that this
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type of sign greatly assists road users in reference location signs. This will messages. These messages, such as reporting a more precise location of an provide flexibility to jurisdictions. SEAT BELTS BUCKLED? and DON’T incident or other emergency. 100. In existing Section 2D.47 (new DRINK AND DRIVE, are in common and The FHWA proposes adding a Section 2D.48) General Information widespread use in many jurisdictions STANDARD statement describing the Signs (I Series), the FHWA proposes and they provide valuable reminders to design of the enhanced reference removing all references concerning road users of important laws. The location signs and the enhanced Adopt-a-Highway signs from the proposed additions to this section intermediate reference location signs. MUTCD. Current State and local provide for consistency in application of The proposed STANDARD requires that practices pertaining to Adopt-A- these types of messages on General the signs shall be vertical panels having Highway signs vary widely and, in some Information signs and reduce the green backgrounds with white cases, include the use of commercial possibility of such signs being misused. numerals, letters, and borders, except logos for indicating Adopt-A-Highway Finally, the FHWA proposes in the for the route shield which shall be the sponsors. The use of logos has raised second STANDARD statement replacing standard color and shape. The top line deeper policy issues regarding Federal the words ‘‘jurisdiction logos’’ with shall consist of the cardinal direction for and State laws concerning advertising ‘‘boundary’’ to provide additional the roadway; the second line shall along the right-of-way, general flexibility highway agencies to use consist of the applicable route shield for commercialization of the right-of-way, different colors for political boundary the roadway; the third line shall identify the safety to motorists and workers, and signs. the units in metric or English; the fourth the ability to raise revenues for activities 101. In existing Section 2D.48 (new line shall identify the kilometer (mile) such as litter removal. Section 2D.49) Signing of Named reference for the location; and for the Recent discussions of the signing Highways, in the first STANDARD enhanced intermediate reference criteria in the MUTCD, along with statement the FHWA proposes adding location sign the fifth line shall give the dialogue of several American additional requirements for installing tenth of a kilometer (mile) using a Association of State Highway and memorial signs on the mainline. These Transportation Officials (AASHTO) decimal point. requirements prohibit the use of subcommittees, have highlighted these Although a blue background has been memorial names on the directional deeper issues that go beyond the simple used in some experimental projects, the guide signs, interference with necessary standards included in the MUTCD. For FHWA believes that the standard green highway signing, and placement which example, the AASHTO Subcommittee background of the 30-year old ‘‘mile compromises the safety or efficiency of on Maintenance has argued that several marker’’ system should be used. traffic flow. The proposed STANDARD States have existing contracts that allow Although most of the signs of statement is identical to the a commercial entity to exchange experimental projects use an STANDARD statement in Section 2E.08. maintenance and litter pickup services The FHWA proposes this addition for abbreviation and do not spell out the for signs acknowledging the commercial cardinal direction, the FHWA believes sponsors who pay for the services. consistency and to clarify the acceptable that most road users do not understand These contracts supplement scarce locations to install memorial signs. the abbreviations, thus spelling out the maintenance resources for these States. 102. The FHWA proposes adding a cardinal direction would assist road The Subcommittee also noted that the new section, numbered and titled users in reporting incidents. Likewise, use of more experienced crews used in ‘‘Section 2D.52 National Scenic Byways most of the signs of experimental such arrangements is safer than using Marker (D6–4).’’ The FHWA proposes projects do not use a decimal point volunteers. including SUPPORT, OPTION, and before the tenth of kilometer (mile), The AASHTO Subcommittee on STANDARD statements that describe however, recent research indicates that Traffic Engineering, on the other hand, the National Scenic Byways program road users better understand that the has argued that these and the markers that may be placed on location is a fraction of a kilometer acknowledgements of the commercial roads designated as National Scenic (mile) with the decimal point. sponsors is an opening for other types Byways or All-American Roads by the The FHWA proposes that the design of advertising (including electronic Secretary of Transportation of the U.S. of this optional enhanced reference advertising on overhead dynamic DOT. As of January 2002 there were 72 location sign become effective message signs along freeways and at such designated byways in 32 States. immediately for new location signalized intersections) and raise This new section is proposed to provide referencing system installations. The serious concerns over driver distraction, for uniformity of design and application FHWA proposes a phase-in compliance confusion, and crash potential and of markers on designated National period of 10 years for existing signs of liability. At the request of the Scenic Byways. existing systems to minimize any Subcommittee on Maintenance, the 103. In Section 2E.10, the FHWA impact on State or local highway AASHTO Standing Committee on proposes changing the title from agencies. Highways has established a task force to ‘‘Number of Signs at an Overhead The FHWA also proposes requiring consider commercialization within the Installation’’ to ‘‘Number of Signs at an the installation of the enhanced right-of-way, including, but not limited Overhead Installation and Sign reference location signs on the right side to, signage for the Adopt-A-Highway Spreading’’ and relocating the of the roadway in rural areas except program. SUPPORT and GUIDANCE statements where conditions limit or restrict the Until the AASHTO study is on sign spreading from Section 2E.11 use of enhanced reference location signs completed, the FHWA is proposing the because they are more appropriately on the right side of the roadway. removal of all references to Adopt-A- associated with sign location Finally, the FHWA proposes adding Highway signs in the MUTCD. installation. an OPTION statement, which states that In this section, the FHWA also 104. In Section 2E.11, the FHWA in urban areas, enhanced reference proposes adding new OPTION, proposes changing the title from ‘‘Sign location signs may be installed on the GUIDANCE, and STANDARD Spreading and Pull-Through Signs’’ to right side of the roadway, in the median, statements regarding the use of signs to ‘‘Pull-Through Signs’’ to reflect the or on ramps to replace or to supplement display safety or transportation-related proposed relocation of the sign
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spreading SUPPORT and GUIDANCE GUIDANCE become effective expressways, and that the abbreviation statements to Section 2E.10. immediately for new or replacement of KM (MILE) shall be in 100 mm (4 in) In the first GUIDANCE statement, the damaged existing sign installations. The white letters. FHWA proposes replacing the words FHWA proposes a phase-in compliance Additionally, the FHWA proposes ‘‘only when’’ with ‘‘where’’ to broaden period of 15 years for existing signs in adding a paragraph to the OPTION the use of Pull-Through signs. The good condition to minimize any impact statement at the end of the section, FHWA proposes this change to on State or local highway agencies. which states that intermediate and recognize that Pull-Through signs can The FHWA proposes adding a new enhanced reference location signs may be beneficial in congested traffic for OPTION statement following the first also be used on freeways and road users, especially older drivers, at GUIDANCE statement, which states that expressways. It is on those types of many locations. The FHWA also the portion of the exit number plaque facilities where such signs have the proposes recommending that Pull- containing the word LEFT may have a most common application. Through signs with down arrows be black legend and border on a yellow 113. In Section 2E.56 Radio used where alignment of the through background. This proposed OPTION Information Signing, the FHWA lanes is curved and the exit direction is statement mirrors other similar uses of proposes adding OPTION and straight ahead, where the number of the black on yellow color pattern for STANDARD statements at the end of the through lanes is not readily evident, and signs and panel associated with left section describing the use and design of at multilane exits. This will enhance the exits in the MUTCD. a TRAVELER INFO CALL 511 (D12–5) information provided to road users. Additionally, the FHWA proposes sign. With the adoption of 511 as the 105. In Table 2E–3 Minimum Letter removing the EXIT 13 sign from Figure nationwide traveler information phone and Numeral Sizes for Freeway Guide 2E–3 to reflect the changes in Section number, a uniform sign design is Signs According to Interchange 2E.28. needed. The proposed changes in this Classification, the FHWA proposes 109. In Section 2E.34 Exit Gore Signs, section are consistent with the proposed adding dimensions for the ‘‘Action the FHWA proposes adding an OPTION changes in Section 2D.45. Message Word’’ row and adding a row statement to allow the mounting of a 114. In Section 2E.57 Carpool with dimensions for the sizes of panel under the Exit sign indicating the Information Signing, the FHWA ‘‘Numerals and Letter’’ for Gore signs. advisory speed for the ramp. This proposes adding to the OPTION These were inadvertently omitted from option provides jurisdictions additional statement that Carpool Information the current edition. flexibility for reminding road users of signs may include Internet addresses or 106. In Section 2E.19 Diagrammatic the recommended speed for an exit telephone numbers within the legend. Signs, the FHWA proposes to adding to ramp. The proposal reflects common current item A of the first STANDARD 110. In Section 2E.49 Signing of practice and provides for additional statement the option of showing each Approaches and Connecting Roadways, information to road users. individual lane arrangement. Research the FHWA proposes removing the entire Additionally, the FHWA proposes of the needs of older road users text of the section and adding new changing the size of the maximum indicates that it is easier to comprehend SUPPORT, GUIDANCE, STANDARD, vertical dimension of the logo or symbol a diagrammatic sign with one arrow for and OPTION statements, as well as five in the STANDARD statement from 900 each lane than one arrow for all lanes new figures. The proposed new section mm (36 in) to 450 mm (18 in), to as the width of each lane on a single addresses sign sequences and sign enhance the legibility of the primary arrow is too small. Additionally, the design for conventional roads with one message. FHWA proposes adding a second lane and those with more than one lane 115. Following Section 2E.58, the illustration to the Diagrammatic Sign for of traffic approaching an interchange. FHWA proposes adding a new section, a Single-Lane Left Exit (Figure 2E–3) The proposed new section also clarifies numbered and titled ‘‘Section 2E.59 which shows two diagrammatic arrows the use of signs for approaches and High-Occupancy Vehicle (HOV) Signs.’’ instead of just one. connecting roadways in order to better This proposed section includes 107. In Section 2E.20 Signing for convey to road users the ramp STANDARD, GUIDANCE, OPTION, and Interchange Lane Drops, the FHWA configuration and the maneuver that a SUPPORT statements regarding the use proposes clarifying the second road user would have to make to get on and placement of signs for HOV lanes STANDARD statement that an EXIT the desired connecting roadway. and facilities. The FHWA also proposes ONLY (down arrow) (E11–1) panel shall 111. In Section 2E.51 General Service including five figures illustrating not be used on an Exit Direction sign Signs, the FHWA proposes changing examples of HOV signing applications. that contains an arrow in its design. from 3 to 2 the number of meals per day This proposed section reflects current 108. In Section 2E.28 Interchange Exit for which a food establishment should state-of-the-practice. Numbering, the FHWA proposes have a continuous operation to serve in 116. In Section 2F.01 Eligibility, the relocating the second OPTION item B.2 in the first GUIDANCE FHWA proposes changing from 3 to 2 statement to the first GUIDANCE statement. The FHWA proposes this the number of meals per day for which statement. Because road users might not change to accommodate more food a food establishment should have a expect a left exit and have difficulty in businesses. continuous operation to serve in item maneuvering to the left, the FHWA is 112. In Section 2E.54, the FHWA B.2 of the fourth GUIDANCE statement. recommending that the word LEFT be proposes changing the title from The FHWA proposes this change to added to the exit number plaque. The ‘‘Reference Posts’’ to ‘‘Reference accommodate more food businesses. FHWA is proposing this change because Location Signs’’ to reflect the new This proposed change is consistent with of numerous complaints of the difficulty enhanced reference location sign and to the proposed change in Section 2E.51. that road users have in knowing when be consistent with changes in other 117. In Section 2F.04 Number and an exit is on the left. Very few road parts of the MUTCD. Size of Logos and Signs, the FHWA users know that when the exit plaque is The FHWA proposes clarifying that proposes changing the second installed on the top left edge of the sign, the sign sizes in the STANDARD STANDARD statement to require that a it means the exit is on the left. The statement refer to reference location logo panel on signs for conventional FHWA proposes that this new signs placed on freeways or roads and ramps not exceed 750 mm (30
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in) in width instead of 600 mm (24 in) this shape for recreational or cultural of Longitudinal Pavement Markings’’ to to be consistent with the proportions of interest area directional signing as ‘‘Colors of Pavement Markings,’’ panels for freeways and expressways. provided for in Section 2G.09. because this section defines the use of 118. In Section 2F.08 Double-Exit 123. In Section 2I.03 EVACUATION colors for all pavement markings, not Interchanges, the FHWA proposes ROUTE Sign (EM–1), in the first just longitudinal line markings. The adding to the OPTION statement that at STANDARD statement, the FHWA FHWA also proposes revising this entire a double-exit interchange where there proposes changing the design of the section to clarify the function of each are four logo panels displayed for one of EVACUATION ROUTE (EM–1) sign to a color of pavement marking. the exits and one or two panels to be rectangle sign with a blue circular 126. In Section 3A.06 Widths and displayed for the other exit, the logo symbol with a directional arrow and the Patterns of Longitudinal Pavement panels may be arranged in three rows legend EVACUATION ROUTE. The Markings, the FHWA proposes with two panels per row, to make the proposed minimum size is 600×600 mm removing item A of the STANDARD layout of the sign more logical. (24×24 in) and the proposed circular statement, which states that a solid line 119. In Chapter 2G TOURIST- symbol diameter is 2.54 mm (1 in) prohibits or discourages crossing. This ORIENTED DIRECTIONAL SIGNS, the smaller than the width of the sign. This item does not describe the width or FHWA proposes changing from change reserves the circular shape sign pattern of longitudinal lines. The ‘‘Typical’’ to ‘‘Examples of’’ in the titles exclusively for rail grade crossings and remaining items would be renumbered of Figures 2G–1 and 2G–2 because the enhances the conspicuity and legibility accordingly. information shown is only an example of the EVACUATION ROUTE sign. The In existing item D (new item C) of the of many acceptable arrangements of FHWA proposes that this change STANDARD statement, the FHWA signs. become effective immediately for new proposes replacing the word ‘‘normal’’ 120. In Section 2G.01 Purpose and or replacement of damaged existing sign with ‘‘parallel’’ to clarify the pattern of Application, in the second STANDARD installations. The FHWA proposes a a double line. statement, the FHWA proposes phase-in compliance period of 10 years In existing items D, E, and F (new prohibiting the placement of tourist- for existing signs in good condition to items C, D, and E) of the STANDARD oriented directional signs on minimize any impact on State or local statement, the FHWA proposes conventional roads in urban areas. This highway agencies. removing the last sentence of each item, proposal will clarify and strengthen the In the second STANDARD statement, since these sentences describe the current requirement that such signs the FHWA proposes changing the detail function of various markings, rather shall only be used on rural conventional regarding the colors to be used on the than the width and pattern of roads. EVACUATION ROUTE (EM–1) sign and longitudinal markings. Also, the FHWA proposes relocating requiring that the entire sign be The FHWA proposes revising the the current first paragraph of the retroreflective. This proposed change GUIDANCE statement to clarify that this GUIDANCE statement to become a new corresponds with the proposed design guidance refers to all roadway types, not second paragraph of the second changes required by the first just rural highways. STANDARD statement. This proposed STANDARD statement. Additionally, the FHWA proposes change would require, rather than The FHWA proposes adding to the revising the OPTION statement to recommend, that tourist-oriented second OPTION statement that the differentiate between the dimensions for directional signs incorporate legend on the EVACUATION ROUTE dotted lines used for line extensions and information from and be used in place sign may be modified to describe the lane drop/add markings. The of Specific Service signs where both type of evacuation route, such as dimensions for the line segments and types of signs are needed at an HURRICANE, to provide additional gaps for each are also proposed, for intersection. The FHWA is proposing information to road users. consistency with other sections in Part this change in order to reduce sign Additionally, the FHWA proposes 3. clutter at intersections and enhance adding to Figure 2I–1 illustrations of the 127. The FHWA proposes changing road user safety. HURRICANE EVACUATION ROUTE, the title of Section 3B.01 from ‘‘Yellow 121. In Section 2G.07 State Policy, the AREA CLOSED, TRAFFIC CONTROL Centerline and Left Edge Line Pavement FHWA proposes changing the phrase POINT, MEDICAL CENTER, and Markings and Warrants’’ to ‘‘Yellow ‘‘State or Federal laws’’ to ‘‘State and HURRICANE SHELTER signs and Centerline Pavement Markings and Federal laws’’ in the STANDARD illustrations of six new directional signs Warrants,’’ and moving the fourth statement, to clarify that both types of for EMERGENCY SHELTER, FALLOUT STANDARD statement of Section 3B.01 laws must be heeded. SHELTER, CHEMICAL SHELTER, to Section 3B.06 since edge lines are 122. In Section 2H.09 Destination WELFARE CENTER, REGISTRATION appropriately covered in Section 3B.06. Guide Signs, the FHWA proposes CENTER, and DECONTAMINATION 128. In Section 3B.02 No-Passing clarifying the second STANDARD CENTER signs. Zone Pavement Markings and Warrants, statement that linear parkway-type the FHWA proposes revising the second highways that primarily, rather than Discussion of Proposed Amendments to STANDARD statement to clarify that no- merely, function as arterial connectors, Part 3—Markings passing zone markings on approaches to even if they also provide access to 124. In Section 3A.04 Colors, the highway-rail grade crossings shall recreational or cultural interest areas, FHWA proposes revising the conform with Section 8B.19, and shall not qualify for the use of white-on- STANDARD statement to clarify the use eliminating the requirement that no brown destination guide signs. The of black markings. Black markings can passing zone markings be used at other FHWA proposes this change to improve be used in conjunction with any other appropriate locations, to be consistent uniformity of guide signing on these color marking to add contrast to it. The with Part 8 and eliminate overlap with important arterials. FHWA proposes removing the existing more specific requirements for no The FHWA also proposes adding reference to object markers because it passing zone markings elsewhere in illustrations of trapezoidal-shaped was not an appropriate reference. Section 3B.02. directional guide signs to Figure 2H–2 125. The FHWA proposes changing Additionally, the FHWA proposes to correspond with the optional use of the title of Section 3A.05 from ‘‘Colors revising the third STANDARD statement
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to clarify the dimensions of a no-passing extended into or continued through because this is an acceptable spacing for buffer zone, and eliminating the buffer intersections or interchanges. This most applications. zone dimensions specific to areas where guidance is needed so that pavement Additionally, in item B.5 of the no passing zones are required because of marking extensions through GUIDANCE statement, the FHWA limited passing sight distance. The intersections and interchanges do not proposes revising the recommended proposed dimension of ‘‘at least 15 m confuse drivers in adjacent or opposing spacing to be used between raised (50 ft) in length’’ is suitable for all no travel lanes. pavement markers that supplement edge passing zone buffers regardless of the 134. In Section 3B.11 Raised line extensions through freeway reason for the buffer. Pavement Markers, the FHWA proposes interchanges from N/2 to N because this 129. In Section 3B.03 Other Yellow clarifying in the first SUPPORT is an acceptable spacing for most Longitudinal Pavement Markings, the statement that the 10 mm (0.4 in) height applications. FHWA proposes revising the text in the of a raised pavement marker is for the 137. In Section 3B.14 Raised first paragraph of the first STANDARD retroreflective surface and that this Pavement Markers Substituting for statement to substitute the phrase height is the actual height or optical Pavement Markings, in the first ‘‘normal double’’ for ‘‘two double’’ in height. The FHWA also proposes STANDARD statement, the FHWA the description of the pavement marking clarifying the first SUPPORT statement proposes revising the required spacing requirements for reversible lanes. In the to include marking the position of fire between raised pavement markers when third paragraph of the first STANDARD hydrants as one of the uses of raised substituted for broken line markings statement, the FHWA proposes pavement markings, for consistency from N/12 to N/8 and revising the clarifying that the pavement marking with other proposed revisions in this required spacing between raised requirements for a two-way left turn section. pavement markers when substituted for lane applies to such lanes that are never Additionally, the FHWA proposes solid lane line markings from N/8 to N/ operated as a reversible lane. The adding an OPTION statement after the 4. In the third STANDARD statement, FHWA proposes these changes to STANDARD statement, which states the FHWA proposes revising the improve the clarity of the requirements that blue raised pavement markers may required spacing between raised and for consistency with requirements be used to mark the positions of fire pavement markers when substituted for hydrants. This is common practice in elsewhere in Chapters 3A and 3B. dotted line markings from N/8 to N/4. 130. The FHWA proposes changing many jurisdictions. The FHWA proposes these changes the title of Section 3B.04 from ‘‘Edge 135. In Section 3B.12 Raised because these spacings are acceptable Line Pavement Markings and Warrants’’ Pavement Markers as Vehicle for most applications. to ‘‘White Lane Line Pavement Markings Positioning Guides with Other The FHWA proposes that these and Warrants,’’ and moving the fourth Longitudinal Markings, in the first changes become effective immediately STANDARD statement of Section 3B.04 SUPPORT statement, the FHWA to Section 3B.06 since edge lines are proposes revising the spacing used for new raised pavement marker appropriately covered in Section 3B.06. between raised pavement markers along installations. The FHWA proposes a 131. In Section 3B.05 Other White longitudinal line markings from 2N to phase-in compliance period of 10 years Longitudinal Pavement Markings, the 3N because this is an acceptable spacing for existing raised pavement markers in FHWA proposes changing the gap for most applications. The value ‘‘N’’ is good condition to minimize any impact length for lane drop markings from 3.6 equal to the length of one line segment on State or local highway agencies. m (12 ft) gaps to 2.7 m (9 ft) gaps in the plus one gap. 138. In Section 3B.15 Transverse third OPTION statement to be consistent Additionally, in the second OPTION Markings, in the first STANDARD with the spacing of other marking gaps. statement, the FHWA proposes statement the FHWA proposes adding 132. In Section 3B.06 Edge Line changing from ‘‘N or less’’ to ‘‘2N or ‘‘yield lines’’ and ‘‘speed hump’’ Pavement Markings, the FHWA less’’ for the reduced spacing that may markings to the list of transverse proposes adding to the STANDARD be used where it is desired to alert the markings required to be white markings. statement text the requirements that are road user to changes in the travel path, Additionally, the FHWA proposes being relocated from Sections 3B.01 and because this is an acceptable spacing for changing the second paragraph of the 3B.04 pertaining to left and right edge most applications. GUIDANCE statement to a STANDARD lines. These proposed changes would 136. In Section 3B.13 Raised statement, which requires that result in all edge line pavement marking Pavement Markers Supplementing pavement marking letters, numerals, information being contained within one Other Markings, the FHWA proposes and symbols be installed in accordance section. revising item B1 of the GUIDANCE with the ‘‘Standard Alphabets for The FHWA also proposes adding an statement to indicate that raised Highway Signs and Pavement OPTION statement, which states that pavement markers should not Markings’’ to correct an oversight in the wide solid edge line markings may be supplement right edge line markings Millennium Edition of the MUTCD. used for greater emphasis. Wide edge unless they are spaced closely enough 139. In Section 3B.16 Stop and Yield lines can sometimes be useful in (no greater than 3 m (10 ft) apart) to Lines, in the second paragraph of the reducing run-off-the-road crashes at approximate the appearance of a solid first GUIDANCE statement, the FHWA curves and this proposal will provide line. This proposed exception is needed proposes clarifying that YIELD signs are additional flexibility for jurisdictions to to give jurisdictions the ability to use an exception to the recommendations use these markings where needed. raised pavement markers to supplement on the use of stop lines, to be consistent 133. In Section 3B.08 Extensions edge lines in situations where with the intended use of yield lines. Through Intersections or Interchanges, additional wet-night delineation is The FHWA also proposes modifying the FHWA proposes adding to the needed, such as on curves. the OPTION statement to clarify that GUIDANCE statement on the placement In item B.2 of the GUIDANCE yield lines may also be placed at and dimensions of pavement markings statement, the FHWA proposes revising locations where vehicles are to yield to that are continued through intersections the recommended spacing to be used pedestrians in compliance with a YIELD and interchanges. The FHWA proposes between raised pavement markers along HERE TO PEDESTRIANS (R1–5 or R1– recommending that edge lines not be broken line markings from 2N to 3N 5a) sign, to correspond with the
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proposed addition of this new sign to one symbol or word marking can be treatments, such as in redevelopment Chapter 2B. used to mark a preferential lane, that the areas, as long as the crosswalk is marked The FHWA proposes revising and word message HOV is acceptable as a by standard, retroreflectorized, white adding to the second GUIDANCE preferential marking (relocating this lines. statement to clarify the recommended from the OPTION statement), and that Additionally, in the first GUIDANCE placement of yield lines at unsignalized the ‘‘T’’ marking be the light rail transit statement, the FHWA proposes midblock crosswalks, to enhance preferential lane symbol. Additionally, recommending that colors that degrade pedestrian safety. The FHWA also in the same STANDARD statement, the the contrast of white crosswalk lines, or proposes adding a new paragraph to the FHWA proposes requiring that symbol that might be mistaken by road users as second GUIDANCE statement regarding or word markings for each preferential a traffic control application, not be used placement of yield lines at midblock lane use be installed if two or more for colored pavement located between crosswalks. The FHWA also proposes preferential lane uses are permitted in a crosswalk lines. This proposed change adding a new figure numbered and single lane. The FHWA proposes these is needed to reduce the possibility of titled ‘‘Figure 3B–15 Examples of Yield changes to provide uniformity for uses of colored pavements in ways that Lines at Unsignalized Midblock marking of multi-use preferential lanes might confuse road users or reduce Crosswalks’’ relating to the new text. All and to provide a distinctive symbol for pedestrian safety. of the following figures in the chapter light rail transit. would be renumbered accordingly. 144. In Section 3B.24 Markings for Discussion of Proposed Amendments to Additionally, the FHWA proposes Roundabouts, the FHWA proposes Part 4—Highway Traffic Signals adding a new SUPPORT statement at adding a new STANDARD statement, 148. In Section 4A.02 Definitions the end of the section to emphasize that which prohibits marking bicycle lanes Relating to Highway Traffic Signals, the drivers who yield too close to on roundabouts. The FHWA proposes FHWA proposes revising the definition crosswalks on multi-lane approaches the prohibition to enhance bicyclist for ‘‘Average Day’’ and ‘‘Flashing’’ and place pedestrians at risk by blocking safety by avoiding giving bicyclists a adding a new definition for ‘‘Flashing other drivers’ view of pedestrians. The false sense of security when traveling Mode’’. These definitions would be FHWA proposes this to clarify the through the roundabout with conflicting identical to the proposed revised reasons for the recommended locations and turning traffic. This proposed definitions in Section 1A.13 and are of stop and yield lines. change is consistent with state of the repeated in Section 4A.02 because they 140. In Section 3B.17 Crosswalk practice for roundabout design. are especially pertinent to Highway Markings, in the second GUIDANCE 145. In Section 3C.01 Object Marker Traffic Signals. statement the FHWA proposes Design and Placement Height, the Additionally, the FHWA proposes increasing the upper limit of the range FHWA proposes adding to the first revising the definitions for ‘‘Backplate’’ for spacing diagonal or longitudinal STANDARD statement that the (change to ‘‘Signal Backplate’’), crosswalk marking lines from 300 to 600 minimum width of both the yellow and ‘‘Detector,’’ ‘‘Louver’’ (change to ‘‘Signal mm (12 to 24 in) to 300 to 1500 mm (12 black stripes on a Type 3 striped marker Louver’’), ‘‘Signal Face,’’ ‘‘Signal Head,’’ to 60 in) and to specify the relationship shall be 75mm (3 in), to provide for and ‘‘Visibility-Limited Signal Face or between marking spacing and line uniformity of appearance of these Section’’ to better reflect accepted width, to provide more flexibility to markers. The FHWA proposes that this practice and terminologies. jurisdictions. change become effective immediately 141. In Section 3B.19 Pavement Word for new or replacement of damaged The FHWA also proposes revising the and Symbol Markings, the FHWA existing sign installations. The FHWA definition of ‘‘Pedestrian Clearance proposes modifying the third proposes a phase-in compliance period Time’’ to correspond to proposed STANDARD statement to allow the use of 10 years for existing signs in good changes in the standards contained in of STOP markings at the ends of aisles condition to minimize any impact on Section 4E.10 (formerly 4E.09). in parking lots even though there is no State or local highway agencies. Additionally, the FHWA proposes STOP sign. In parking lots, often there 146. In Section 3D.01 Delineators, the adding new definitions for ‘‘Dual-Arrow is no practical way to install a stop sign FHWA proposes changing the Signal Section,’’ ‘‘Emergency Beacon,’’ at the end of the aisles, so the STOP STANDARD statement indicating that ‘‘Moveable Bridge Signal,’’ ‘‘Separate legend pavement marking is needed to delineators are considered guidance Left Turn Signal Face,’’ and ‘‘Shared clarify right-of-way. devices rather than warning devices to Left Turn Signal Face’’ because these 142. In Section 3B.21 Curb Markings, a SUPPORT statement to be consistent terms are frequently used in Part 4. The in the first paragraph of the STANDARD with other parts of the MUTCD. entire list of definitions is renumbered statement, the FHWA proposes 147. In Section 3E.01 General, the accordingly. clarifying that the requirement for signs FHWA proposes several changes to 149. In Section 4B.02 Basis of to be used with curb markings does not reflect that red colored pavement is no Installation or Removal of Traffic apply if the no parking zone is longer being considered a traffic control Control Signals, the FHWA proposes controlled by statute or local ordinance, device. Accordingly, the FHWA revising the first GUIDANCE statement to minimize unnecessary sign clutter. proposes adding to the SUPPORT to more specifically define the elements The FHWA also proposes adding a statement that colored pavement located that should be considered as traffic new OPTION statement immediately between the crosswalk lines is not conditions, because vehicles, following the first item in the first considered to be a traffic control device, pedestrians, and bicyclists are all GUIDANCE statement to clarify the use removing existing item A of the considered to be traffic. of signs and word markings when curb STANDARD statement concerning when In the SUPPORT statement, the markings are used to convey statutory the color red is used, and removing the FHWA proposes changing the word law. second GUIDANCE statement ‘‘intersections’’ to ‘‘locations,’’ since 143. In Section 3B.22 Preferential concerning how the color red is used. traffic signals are not always located at Lane Word and Symbol Markings, the These proposed changes will provide intersections. Traffic signals can be at FHWA proposes adding to the second additional flexibility for jurisdictions to shopping center driveways and other STANDARD statement that more than use colored pavements as aesthetic locations that are not legally considered
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intersections. This proposed revision is Additionally, in item A of the existing paragraph. This revision is proposed to carried throughout Part 4. second (new third) paragraph of the improve clarity. The FHWA proposes adding a OPTION statement, the FHWA proposes The FHWA also proposes adding to paragraph to the beginning of the removing the reference to the Peak Hour the GUIDANCE statement that the second GUIDANCE statement, which Warrant to correct an error in the location of signalized midblock states that engineering judgment should previous edition. crosswalks should be at least 30 m (100 be applied in the review of operating 152. In Section 4C.02 Warrant 1, ft) away from adjacent stop or yield traffic control signals to determine Eight-Hour Vehicular Volume, in the controlled driveways or streets. The whether the type of installation and the first OPTION statement, the FHWA purpose of this proposed change is to signal timing meet the current proposes changing the phrase ‘‘exceeds reduce potential conflicts and improve requirements of traffic. This information 70 km/h (40 mph)’’ to ‘‘exceeds 70 km/ safety, and to codify previous official is relocated from Section 4B.03. h or exceeds 40 mph’’ to clarify that, for interpretations of the MUTCD on this Additionally, in item E of the purposes of evaluating warrant subject. The FHWA proposes that this OPTION statement, the FHWA proposes satisfaction, either 70 km/h or 40 mph guidance become effective immediately removing the maximum time limit of (depending on whether metric or for new signalized midblock crosswalks. one year for signal poles and cables to English units are used for speeds, and The FHWA proposes a phase-in remain in place after removal of the regardless of metric-English conversion compliance period of 10 years for signal heads, since it is too restrictive. factors) is the speed above which the existing signalized midblock crosswalks 150. In Section 4B.03 Advantages and 70% factor may be used. This change is in good condition to minimize any Disadvantages of Traffic Control Signals, carried throughout the applicable text impact on State or local highway the FHWA proposes revising item B of and figures in Chapter 4C. agencies. the second paragraph of the SUPPORT The FHWA proposes adding a new 155. In Section 4D.04 Meaning of statement, to clarify that signal timing GUIDANCE statement following the first Vehicular Signal Indications, the FHWA review and updating be conducted if OPTION statement, and a new proposes removing the phrase ‘‘unless needed and to clarify that every two SUPPORT statement at the end of the otherwise determined by law’’ from the years is just one of several possible section to better clarify the intended use beginning of the STANDARD statement frequencies of review. of the combination of Conditions A and to conform to the Uniform Vehicle 151. In Section 4C.01 Studies and B under Warrant 1. Code. Factors for Justifying Traffic Control Additionally, the FHWA proposes The FHWA proposes adding to item Signals, the FHWA proposes adding a adding a new OPTION statement after A.3 that the pedestrian does not recommendation to the GUIDANCE the second STANDARD statement to automatically have the right of way statement, which states that a traffic explain the use of 56% traffic volumes when starting to cross on a green signal control signal installed under projected under certain conditions and modifying to conform to the Uniform Vehicle conditions should be studied again Table 4C–1 to include additional criteria Code. within one year after placing it in stop- for a combination of Conditions A and The FHWA proposes adding to item and-go operation to determine if it is B as reflected in the text. These changes C.2 that a turn on a RED ARROW signal still justified and, if it is not justified, it will better reflect commonly accepted indication after stopping is allowed should be taken out of stop-and-go practice that was implicitly allowed in when a sign is in place permitting the operation or removed. The FHWA the 1988 MUTCD. turn on red arrow to conform to the proposes this addition because it 153. In Section 4C.08 Warrant 7, Uniform Vehicle Code. Additionally, reflects best practice to prevent Crash Experience, the FHWA proposes the FHWA proposes removing the continued operation of unjustified adding a new OPTION statement at the existing OPTION statement at the end of signals. Additionally, the FHWA end of the section to explain the use of the section dealing with right-turn on a proposes categorizing a wide median 56% traffic volumes. This proposed red arrow to eliminate redundancy with (for purposes of signal warrant analysis) change is consistent with similar the change in the STANDARD as one with a width greater than 9 m (30 proposed changes in Section 4C.02. statement. ft), for consistency with other parts of 154. In Section 4D.01, General, the 156. In Section 4D.05 Application of the MUTCD. FHWA proposes removing from the Steady Signal Indications, the FHWA Additionally, the FHWA proposes STANDARD statement the requirement proposes adding protected/permissive adding a paragraph at the beginning of that a traffic control signal be operated mode left-turn operation with separate the OPTION statement, which explains in either a steady (stop-and-go) mode or left-turn signal faces as an exception to the option of using the left-turn volume a flashing mode at all times. This when a steady CIRCULAR RED signal on the major-street as the minor-street change is proposed because it is in indication is required to be displayed volume and the corresponding single conflict with other STANDARD with the appropriate GREEN ARROW direction of opposing traffic as the major statements in Chapter 4E that require signal indication. This proposed change street volume. The proposed change flashing indications (flashing clarifies the proper display with the reflects commonly used and accepted UPRAISED HAND pedestrian signal ‘‘Dallas’’ type left turn phasing. practices and provides additional indications) to be displayed during an The FHWA proposes adding a new flexibility to practitioners in analyzing a otherwise steady mode of traffic control item B.4 to the STANDARD statement to location for a traffic signal. signal operation. This change also prohibit signal displays that result in The FHWA proposes adding an item allows practitioners the flexibility to use what is referred to as the ‘‘yellow trap’’ H to the existing first (new second) flashing indications along with steady unless certain ameliorating measures are paragraph of the OPTION statement to indications where appropriate in a taken. The ‘‘yellow trap’’ is a potentially indicate that bicyclists may be counted signal sequence to improve the adverse safety situation inherent in as either vehicles or pedestrians when efficiency or safety of the intersection. some signal phasing sequences studying the need for a traffic control Additionally, the FHWA proposes involving lagging left turns in one signal. This proposed change provides a reordering the paragraphs in this direction. A left turning driver, in the more complete listing of recommended STANDARD statement so that existing intersection waiting for gaps in data for the engineering study. last paragraph will become the first oncoming traffic in order to turn left on
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a permissive green signal indication, provided. This proposed change typically get preemption control, to sees the signals for adjacent through corrects an error from the previous reflect current typical practice. traffic change from green to yellow and edition. Additionally, in the last paragraph of mistakenly assumes that oncoming 158. In Section 4D.07 Application of the SUPPORT statement, the FHWA through traffic also has yellow signals at Steady Signal Indications for Right proposes switching the first two items the same time and will be soon coming Turns, in item B.2 of the STANDARD in the order of priority from ‘‘boat, to a stop. The proposed new text reflects statement, the FHWA proposes train’’ to ‘‘train, boat’’ because trains current best practices and addresses the correcting an error in the previous typically cannot be stopped as easily as safety concerns. The FHWA proposes edition on the proper use of the RIGHT boats. that this standard become effective TURN SIGNAL sign and revising the 162. In Section 4D.15 Size, Number, immediately for new or replacement of statement for clarity. The proposed and Location of Signal Faces by damaged existing traffic control signal change reflects the fact that a visibility- Approach, the FHWA proposes revising installations. The FHWA proposes a limited CIRCULAR RED signal item D in the second STANDARD phase-in compliance period of 5 years indication is considered not readily statement to change from 45 m (150 ft) for existing traffic control signals in visible to drivers in the through lane(s). to 55 m (180 ft) the maximum distance good condition to minimize any impact 159. In Section 4D.09 Unexpected beyond the stop line that a signal face on State or local highway agencies. Conflicts During Green or Yellow installed to satisfy the requirements of The FHWA proposes revising item D Intervals, the FHWA proposes revising Items B and C in this STANDARD and of the STANDARD statement to item A of the STANDARD statement to at least one and preferably both of the correspond with changes to Section add an exception for the situation signal faces required by item A in this 4D.04 that a turn on a RED ARROW regarding U-turns as described in item STANDARD be located unless a signal indication after stopping is F.2 of Section 4D.05 to the prohibition supplemental near side signal face is allowed when a sign is in place of displaying a steady GREEN ARROW provided. permitting the turn on red arrow, to or YELLOW ARROW signal indication Additionally, the FHWA proposes conform to the Uniform Vehicle Code. to vehicular movements that conflict adding a new item D.2 to the second Additionally, the FHWA proposes with other vehicles moving on a green STANDARD statement to require the adding to item F.2 of the STANDARD or yellow signal indication. This use of engineering judgment of the statement to require the use of a ‘‘U proposed change corresponds to the conditions, including worst-case Turn Yield to Right Turn’’ sign when U- change proposed in Section 4D.05. visibility conditions, to determine if the turns on a green arrow signal conflict 160. In Section 4D.12 Flashing provision of a supplemental near-side with right turns on a green arrow signal. Operation of Traffic Control Signals, the signal face would be beneficial, if the This proposed change is necessary to FHWA proposes revising the nearest signal face is located between 45 establish right-of-way of one movement GUIDANCE statement to eliminate the and 55 m (150 and 180 ft) from the stop over a conflicting movement, and to word maximum in describing the line. The FHWA also proposes changing provide for safe operations. duration of six seconds for a steady red Figure 4D–2 to reflect the text. 157. In Section 4D.06 Application of clearance interval in the change from The proposed changes to the second Steady Signal Indications for Left Turns, red-red flashing mode to steady (stop STANDARD statement and to Figure the FHWA proposes replacing the and go) mode. This change is proposed 4D–2 better accommodate signal design existing item A in the STANDARD because six seconds has been found by at large intersections. statement with new text that provides practitioners to be a reasonable and 163. In Section 4D.16 Number and for the use of separate or shared left turn practical duration to provide for safe Arrangement of Signal Sections in signal faces and the use of ‘‘Dallas’’ type operation in the transition of modes. Vehicular Traffic Control Signal Faces, displays and sequences for ‘‘permissive Since this specific duration of six the FHWA proposes revising the only’’ mode of operation. This revision seconds is a recommended condition, seventh paragraph of the STANDARD is proposed in order to make this type this proposed change allows agencies to statement to change the phrase ‘‘variable of solution available to practitioners to use longer or shorter durations if indication’’ to ‘‘dual-arrow’’ to clarify eliminate the ‘‘yellow trap’’ situation for justified by unique conditions. The that single sections that display green ‘‘permissive only’’ mode left turns as FHWA proposes that this guidance and yellow arrows are permissible. well as for ‘‘protected-permissive’’ become effective immediately for new Single section heads capable of mode. or replacement of damaged existing displaying red, yellow, and green Additionally, the FHWA proposes traffic control signal installations. The indications in the one section are not revising the text of item B.2 of the FHWA proposes a phase-in compliance allowed due to color blindness and STANDARD statement for clarity and to period of 5 years for existing traffic other issues. This proposed change is correct an error from the previous control signals in good condition to carried throughout the MUTCD. edition. The proposed change reflects minimize any impact on State or local 164. In Section 4D.18 Design, the fact that a visibility-limited highway agencies. Illumination, and Color of Signal CIRCULAR RED signal indication is 161. In Section 4D.13 Preemption and Sections, the FHWA proposes removing considered not readily visible to drivers Priority Control of Traffic Control the last GUIDANCE statement in the through lane(s). Signals, the FHWA proposes changing concerning the color of signal housings Additionally, the FHWA proposes to the first paragraph of the SUPPORT as there is no consensus that yellow revise the text of item C of the statement to an OPTION statement to be signal housings are universally best in STANDARD statement to remove the consistent with similar conditions in all of the various environments. In requirement that the left-turn signal face other parts of the MUTCD. actual practice, far fewer than 50 simultaneously display a CIRCULAR The FHWA proposes revising the percent of the signal heads in the United RED signal indication with the left-turn remaining portions of the SUPPORT States are highway yellow. California, GREEN ARROW signal indication statement to clarify that boats and trains New York, and many other very large during the protected left-turn movement are not ‘‘vehicles’’ under accepted jurisdictions require signal heads to be in Protected/Permissive Mode, if a definitions. The FHWA proposes adding other colors, such as green, black, gray, separate left-turn signal face is light rail transit to the list of modes that brown, etc. Some states require the front
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surfaces of the housings to be black necessary luminous intensity and can be 171. In existing Section 4E.07 (new while painting the back surfaces of the economically manufactured using light Section 4E.08) Pedestrian Detectors, the housing yellow. emitting diodes (LEDs) or other FHWA proposes removing from the last 165. In Section 4D.21 Traffic Signal technologies. The FHWA proposes that STANDARD statement the statement Signs, Auxiliary, the FHWA proposes this standard become effective that instructional signs are not required revising the first paragraph of the immediately for new or replacement of if special purpose pushbuttons are used. STANDARD statement to specify that damaged existing pedestrian signal The current design of special purpose the required minimum clearance of the faces. The FHWA proposes a phase-in pushbuttons does not require a sign to total assembly of traffic signal signs is compliance period of 10 years for make users aware of their intended the minimum vertical and horizontal existing pedestrian signal faces in good purpose. Additionally, the FHWA clearances of sign assemblies. condition to minimize any impact on proposes adding to the third GUIDANCE Additionally, the FHWA proposes State or local highway agencies. statement comparable text that the revising the GUIDANCE statement to The FHWA also proposes adding a special purpose pushbuttons do not clarify that traffic signal signs should be seventh paragraph to the STANDARD need an instructional sign. located adjacent to the signal face to statement to specify the flash rate for the The FHWA proposes adding an which they apply. flashing upraised hand pedestrian signal OPTION statement at the end of the 166. In Section 4E.02 the FHWA head indication. The FHWA proposes section to allow the use of special proposes changing the title of the this change to be consistent with flash pedestrian detectors to provide section from ‘‘Meaning of Pedestrian rates specified in other sections of Part additional crossing time for pedestrians Signal Indications’’ to ‘‘Meaning of 4. with special needs. This proposed Pedestrian Signal Head Indications’’ to Additionally, the FHWA proposes change reflects the availability of new make it clear that what is being referred adding an OPTION statement and a technology and can improve safety for to are the ‘‘walk-don’t walk’’ pedestrian STANDARD statement at the end of the pedestrians with special needs. signal heads, and not the red-yellow- 172. In existing Section 4E.08 (new section to allow and describe the use of green signal heads that may serve as Section 4E.09) Accessible Pedestrian an animated eyes symbol on pedestrian indications for pedestrians at some Signal Detectors, the FHWA proposes signal heads. The FHWA proposes locations. This proposed change is made changing the SUPPORT statement to a adding the animated eyes traffic control throughout Chapter 4E. STANDARD statement for consistency, device because research has Additionally, the FHWA proposes since other definitions in the MUTCD documented benefits to alerting revising item A of the STANDARD are STANDARDS. Additionally, the pedestrians to look both ways for statement to indicate that a pedestrian FHWA proposes relocating the existing does not automatically have the right of approaching vehicles. first STANDARD statement to become way when starting to cross on a WALK 169. In Section 4E.06 Accessible part of the new first STANDARD signal. This proposed change conforms Pedestrian Signals, the FHWA proposes statement at the beginning of the to the Uniform Vehicle Code. adding to the second paragraph of the section. 167. In Section 4E.03 Application of fourth GUIDANCE statement how sound The FHWA proposes retitling Figure Pedestrian Signal Heads, the FHWA pressure levels of the accessible walk 4E–2 from ‘‘Recommended Pushbutton proposes removing item D of the signal tone should be measured, to Locations for Accessible Pedestrian STANDARD statement because it reflect typical industry practices. Signals’’ to ‘‘Typical Locations for implies that pedestrian signal heads are 170. The FHWA proposes adding a Accessible Pedestrian Signals’’ to be required at all locations where split new section following Section 4E.06 consistent with terminology used phase timing is used without regard to Accessible Pedestrian Signals. The throughout the MUTCD for figures. The the presence or absence of pedestrian proposed new section is numbered and FHWA also proposes clarifying the activity. That is not the intent of this titled ‘‘Section 4E.07 Countdown arrows symbolizing push buttons in section. Pedestrian Signals’’ and contains Figure 4E–2. 168. In Section 4E.04, the FHWA OPTION, STANDARD, and GUIDANCE 173. In existing Section 4E.09 (new proposes changing the title of the statements on the design, use, and Section 4E.10) Pedestrian Intervals and section from ‘‘Size, Design, and operation of countdown pedestrian Signal Phases, the FHWA proposes Illumination of Pedestrian Signal signals. The remaining sections in removing from the first OPTION Indications’’ to ‘‘Size, Design, and Chapter 4E would be renumbered statement the desire to favor the length Illumination of Pedestrian Signal Head accordingly. Countdown pedestrian of an opposing signal phase as a Indications’’ for consistency with the signals have been shown by research condition for using walk intervals as proposed change in Section 4E.02. The and experimentation to be beneficial to short as 4 seconds. This change is FHWA also proposes specifying in the pedestrians by providing additional proposed to encourage enhanced first paragraph of the STANDARD information to help pedestrians judge consideration of pedestrian timing statement that symbolized messages for the time remaining to cross the street. needs. pedestrian signal heads are required to Uniformity in the design and operation In the second GUIDANCE statement be solid and disallowing use of ‘‘outline of countdown pedestrian signals is the FHWA proposes increasing the style’’ symbols. The FHWA also needed to minimize pedestrian pedestrian clearance time so that it is proposes changing Figure 4E–1 to reflect confusion. The FHWA proposes that sufficient to allow the pedestrian to the text and to eliminate the illustration this section become effective clear the full width of the traveled of the ‘‘outlined symbol.’’ These immediately for new or replacement of portion of the roadway. The current changes are proposed because of the damaged existing countdown pedestrian pedestrian clearance time is sufficient to difficulty that elderly people and people signal installations. The FHWA allow the pedestrian to clear just to the with diminished visual acuity have in proposes a phase-in compliance period center of the farthest traveled lane. With seeing the outline style symbols. The of 10 years for existing countdown the increases in the number of outline style symbols are also often pedestrian signals in good condition to coordinated signal systems, and with occluded when used with egg crate minimize any impact on State or local platoons of vehicles potentially arriving baffles. Solid symbols provide the highway agencies. at the intersection at the start of the
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green indication, it is a significant safety circumstances, the Emergency Beacon is km/h (40 mph) or less to be consistent concern for pedestrians to be given only more effective than an Emergency with similar criteria regarding signal enough clearance time that they are in Vehicle Traffic Control Signal in terms lens sizes in Chapter 4D. In these the middle of a travel lane when the of capturing the approaching driver’s circumstances, the use of smaller sizes platoon arrives at the start of green. The attention and achieving compliance provides a cost savings and improves proposed change will result in only a with the requirement to come to a stop aesthetics without compromising very small increase in the pedestrian when emergency vehicles are egressing. effectiveness. clearance time but will significantly The Emergency Beacon is typically less 180. In Section 4K.04 Speed Limit enhance pedestrian safety. The FHWA costly to install and thus imposes less Sign Beacon, the FHWA proposes proposes that this guidance become of a burden on jurisdictions in adding to the STANDARD statement a effective immediately for new or providing safe operations at locations requirement that a Speed Limit Beacon replacement of damaged existing signal where emergency vehicles cross or enter be used only to supplement a Speed installations. The FHWA proposes a a major road. The FHWA proposes that Limit sign. This change is proposed to phase-in compliance period of 5 years this section become effective reinforce proper use of the different for existing traffic control signals in immediately for new or replacement of types of beacons. good condition to minimize any impact damaged existing emergency beacon 181. In Section 4L.01 Application of on State or local highway agencies. installations. The FHWA proposes a In-Roadway Lights, the FHWA proposes Additionally, the FHWA proposes phase-in compliance period of 10 years revising the SUPPORT statement to adding to the first paragraph of the last for existing emergency beacons in good include marked crosswalks in advance OPTION statement the option of condition to minimize any impact on of roundabouts, highway-rail grade containing the pedestrian clearance time State or local highway agencies. crossings, and highway-light transit rail within the vehicular green and yellow 177. In Section 4G.02 Design of grade crossings as additional situations change intervals. This proposed change Traffic Control Signals for One-Lane, for possible use of in-roadway lights. reflects common practice of many Two-Way Facilities, the FHWA The state-of-the-art in designing modern jurisdictions. proposes changing the GUIDANCE roundabouts calls for pedestrian 174. In Section 4F.01 Applications of statement, concerning the applicability crosswalks to be located about one Emergency-Vehicle Traffic Control of provisions of Chapter 4D to traffic vehicle length in advance of the ‘‘yield Signals, the FHWA proposes adding to control signals for one-lane two-way line’’ where approaching vehicles enter the OPTION statement the choice of facilities and exceptions to these the roundabout. A crosswalk located in installing an Emergency Beacon instead provisions, to a STANDARD statement. this position operates essentially as a of an emergency vehicle traffic control This change is proposed to enhance mid-block uncontrolled crosswalk signal. This proposed changes safety and operation for road users, who because the yield sign controlling corresponds to the proposed new do not readily distinguish signals for vehicle entry into the roundabout does Section 4F.04 that adds Emergency one-lane, two-way facilities from any not also control the vehicles at the Beacons as an alternative to Emergency other type of highway traffic signals. crosswalk. The proposed reference to Vehicle Traffic Control Signals. 178. In Section 4I.02 Design and grade crossings is added due to the Additionally, the FHWA proposes Location of Movable Bridge Signals and proposed new Section 4L.03. revising the GUIDANCE statement to Gates, the FHWA proposes removing 182. The FHWA proposes adding a recommend following the provisions of from item A of the STANDARD new section following Section 4L.02 In- Chapter 4D not only if a numerical statement the explanation that then Roadway Warning Lights at Crosswalks. signal warrant is met, but also if a three-section signal faces with red, The proposed new section is numbered decision is made to install a signal after yellow and green signal lenses are and titled ‘‘Section 4L.03 In-Roadway an engineering study, for consistency generally used if movable bridge Lights at Highway-Rail Grade Crossings with Chapter 4C. operation is quite frequent. The FHWA and Highway-Light Rail Grade 175. In Section 4F.02 Design of also proposes adding comparable text in Crossings’’ and contains STANDARD, Emergency-Vehicle Traffic Control a proposed SUPPORT statement, which GUIDANCE, and OPTION statements Signals, the FHWA proposes revising follows the third paragraph of the describing the design, application, and the GUIDANCE statement to indicate STANDARD statement. The FHWA operation of in-roadway warning lights that two signal faces are required for proposes this change because the and in-roadway stop line lights at each major street approach, and that at statement is too vague for a highway-rail and highway-light rail least one of those two signal faces STANDARD. transit grade crossings. Research and should be located over the roadway. Additionally, the FHWA proposes experimentation has indicated that red This proposed change is for consistency removing the phrase ‘‘on long bridges or in-roadway lights at the stop line of an with Chapter 4D. causeways’’ from the eighth paragraph approach to a grade crossing controlled 176. The FHWA proposes adding a of the STANDARD statement because by active grade crossing warning new section following Section 4F.03 two sets of gates may be used on bridges systems can provide effective additional Operation of Emergency-Vehicle Traffic or causeways of any length and what emphasis of the need for road users to Control Signals. This proposed new constitutes a long bridge or causeway is stop and remain stopped for the passage section is numbered and titled ‘‘Section not and cannot be readily defined. of a train or light rail vehicle. Also, the 4F.04 Emergency Beacon’’ and contains 179. In Section 4J.03 Design of Lane- use of yellow in-roadway warning lights STANDARDS, SUPPORT, GUIDANCE, Use Control Signals, the FHWA in advance of the grade crossing and OPTIONS concerning the design, proposes adding to the OPTION provides further warning of the crossing use, and application of Emergency statement to allow the use of smaller to approaching road users, Beacons. The FHWA proposes adding size lane-use control signal faces for supplementing advance warning signs the Emergency Beacon to the MUTCD to one-way and two-way left turn arrows and pavement markings. The FHWA provide for uniformity in the design and in areas with minimal visual clutter and proposes that this section become operation of this type of device. low speeds. The FHWA proposes effective immediately for new or Research and experimentation has changing the definition of low speeds replacement of existing in-roadway indicated that, under certain from 70 km/h (45 mph) or less to 60 lights at highway-rail and highway-light
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rail transit grade crossings. The FHWA OPTION statement to correspond with considered when planning, designing proposes a phase-in compliance period the appropriate terminology in Part 6. and establishing a temporary traffic of 10 years for existing installations of 191. In Section 5G.05 Other Traffic control zone. This is in accordance with in-roadway lights at highway-rail and Control Devices, the FHWA proposes ADA, Title II, paragraph 35.130. highway-light rail transit grade adding a SUPPORT statement referring Additionally, the FHWA proposes crossings in good condition to minimize to Figure 5G–1 for some of the signs that adding to the second GUIDANCE any impact on State or local highway might be applicable in a temporary statement that the needs of operators of agencies. traffic control zone on a low-volume commercial vehicles should be assessed road. The FHWA also proposes revising and appropriate accommodations made Discussion of Proposed Amendments to Figure 5G–1 Temporary Traffic Control when developing a public relations plan Part 5—Traffic Control Devices for Low- Signs on Low-Volume Roads, to change for a temporary traffic control zone. Volume Roads the W20–7a Flagger sign to conform 194. In Section 6C.01 Temporary 183. In Section 5A.03 Design, the with the correctly designed sign in Traffic Control Plans, the FHWA FHWA proposes revising Figure 5A–1 Section 6F.29 and to change the metric proposes adding to the first GUIDANCE Minimum Sign Sizes on Low-Volume version of the W13–1 Advisory Speed statement that planning for all road Roads to reduce the minimum size of Plaque to conform to the use of the users, including pedestrians (especially the W20–1, W20–7a, W20–7b, W21–1a, black circle for metric speed values as those with disabilities) and bicyclists, and W21–6 signs from 900 × 900 mm proposed in Chapter 2C. should be part of the planning and × × × (36 36 in) to 600 600 mm (24 24 Discussion of Proposed Amendments to design of the temporary traffic control in) to be consistent with minimum sizes Part 6—Temporary Traffic Control plan. The FHWA also proposes adding of other signs of comparable design. to the first GUIDANCE statement that 192. In Section 6A.01 General, the 184. In Section 5B.03 Speed Limit provisions for effective continuity of FHWA proposes adding to a number of Signs (R2 Series), the FHWA proposes accessible circulation paths for places in this section, and in a number revising the illustration of the metric pedestrians should be incorporated into of sections in Part 6, references to speed limit sign to correspond to a the temporary traffic control process. ensure that temporary traffic controls similar proposed revision in Chapter 2B. involving or impacting pedestrian These proposed changes will enhance The proposed design of the metric speed walkways and paths account for the the quality of traffic control plans in limit sign includes the metric speed needs of pedestrians with disabilities. terms of addressing the needs of all road value within a green circle with the These proposed additions follow the users. legend ‘‘km/h’’ below it. accessibility requirements of the 195. In Section 6C.02 Temporary 185. In Section 5B.04 Traffic Americans with Disabilities Act of 1990 Traffic Control Zones, the FHWA Movement and Prohibition Signs (R3, (ADA) (Public Law 101–366, 104 Stat. proposes adding to the SUPPORT R4, R5, R6, R9, R10, R11, R12, R13, and 327, July 26, 1990. 42 USC 12101–12213 statement that the incident area begins R14), the FHWA proposes adding an (as amended)). In this regard FHWA at the first warning sign or vehicle with illustration of the PASS WITH CARE, proposes a SUPPORT statement a rotating/strobe light and extends to the (R4–2), sign to accompany the DO NOT identifying the Act following the first last temporary traffic control device or PASS (R4–1) sign, because this sign is STANDARD statement. to a point where road users are allowed commonly used. Additionally, the FHWA proposes to return to the original lane alignment. 186. In Section 5C.05, the FHWA adding to this section and in a number This proposed change is needed to proposes retitling the section from of sections in Part 6, references to clarify the limits of an incident area. ‘‘Narrow Bridge Sign (W5–2a)’’ to ensuring that the needs of bicyclists 196. In Section 6C.06 Activity Area, ‘‘NARROW BRIDGE Sign (W5–2)’’ through temporary traffic control zones the FHWA proposes adding a new table because in Chapter 2C of the MUTCD are met, as many temporary traffic numbered and titled ‘‘Table 6C–2 the FHWA proposes removing the control plans affect a substantial amount Stopping Sight Distance as a Function of symbol version of this sign and of bicycle activity. Speed.’’ This table is identical to Table requiring the use of only the word Additionally, the FHWA proposes 6E–1. The current Table 6C–2 is version of the sign. adding to a number of places in this renumbered as Table 6C–3, Taper 187. In Section 5C.10 Advisory Speed section and a number of sections in Part Length Criteria for temporary Traffic Plaque (W13–1), the FHWA proposes 6 statements that temporary traffic Control Zones. The FHWA also revising the illustration of the metric control principles are applicable to proposes adding a reference to new advisory speed plaque to correspond to managing traffic incidents along the Table 6C–2 to the second OPTION a similar proposed revision in Chapter roadway, as incidents are temporary statement, as these distances may be 2C. The proposed design of the metric road or lane closures and are one of the used to determine the length of a buffer advisory speed plaque includes the major causes of congestion. In this space. metric speed value within a black circle regard the FHWA proposes adding a 197. In Section 6C.07 Termination with the legend ‘‘km/h’’ below it. new chapter titled ‘‘Chapter 6I Control Area, the FHWA proposes adding to the 188. In Section 5F.04, STOP and of Traffic Through Incident Areas.’’ OPTION statement that a longitudinal YIELD Signs, FHWA proposes removing 193. In Section 6B.01 Fundamental buffer space may be used between the the words ‘‘State or local’’ from the Principles of Temporary Traffic Control, work space and the beginning of the OPTION statement, to reflect that the FHWA proposes adding to a number downstream taper, to provide flexibility jurisdictions responsible for grade of places in this section references about to jurisdictions. crossings may be any level of accounting for the needs of pedestrians 198. In Section 6D.01 Pedestrian government or may be quasi- with disabilities, bicyclists, and traffic Considerations, the FHWA proposes governmental or non-governmental. incident management responders. adding a new GUIDANCE statement at 189. In Section 5G.03 Channelization Additionally, the FHWA proposes the beginning of the section to indicate Devices, the FHWA proposes replacing adding to the first and second that pedestrians of all ages and abilities the phrase ‘‘temporary traffic control GUIDANCE statements that the needs of should be provided a detectable and zone’’ with ‘‘work space’’ in the pedestrians with disabilities should be usable travel path.
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Additionally, the FHWA proposes as meeting ANSI 107–1999 Standard statement requirements for the modifying the first SUPPORT statement Performance for Class 1, 2, or 3 risk performance of flashing lights that are to include information on other exposure. The FHWA proposes a phase- used on the STOP/SLOW paddle. These publications that can provide useful in compliance period of 5 years for this flashing rate values are identical to the data for assisting the planning for, and change in order to minimize any impact flashing rate used in other parts of the the design of pedestrian facilities. on State or local highway agencies. MUTCD. This is proposed for Additionally, the FHWA proposes Additionally, in the same GUIDANCE consistency. adding to the first STANDARD statement, the FHWA proposes adding 203. In Section 6E.05 Flagger Stations, statement that in addition to visual ‘‘Activity Area’’ and ‘‘Worker Safety the FHWA proposes adding a signage, equivalent information in Planning’’ to the list of key elements of GUIDANCE statement following the first alternate formats for pedestrians who worker safety and temporary traffic STANDARD statement to indicate that have visual disabilities shall be control management that should be flagger stations should be located so that provided so that they are not trapped on considered to improve worker safety. an errant vehicle has space to stop a closed facility. The FHWA proposes that the worker without entering the work space, to Additionally, in the existing first, safety plan should be in accordance enhance worker safety. second, third, fourth, fifth, and sixth with the Occupational Safety and Additionally, the FHWA proposes GUIDANCE statements the FHWA Health Act ‘‘General Duty Clause’’ changing the title of Table 6E–1 from proposes adding information about the Section 5(a)(1) ‘‘ Public Law 91–596, 84 ‘‘Distance of Flagger Station in Advance general needs of pedestrians with visual Stat. 1590, December 29, 1970, as of the Work Space’’ to ‘‘Stopping Sight disabilities; the desirability for amended, and with the requirement to Distance as a Function of Speed’’ and providing a channelized pedestrian assess worker risk exposures for each changing the distance values to be in route through or around the activity area job site and job classification as per agreement with AASHTO’s ‘‘A Policy as opposed to closing the walkway; the 1926.20(b)(2) of the Occupational Safety on Geometric Design of Highways and possible need for audible warnings and and Health Administration (OSHA) Streets’’ book. directions; the need for fencing or Regulations as contained in 29 CFR. Additionally, the FHWA proposes barriers with a continuous edging at the These proposed additions are changing the GUIDANCE statement to a bottom for assisting a cane user; the expected to improve worker safety by STANDARD statement to indicate that need to minimize abrupt changes in reducing the conflicts between vehicles flagger stations shall be preceded by an grade or terrain; that temporary traffic and workers, by making workers more advance warning sign or signs, and that control devices and any ballast or visible to road users, and by flagger stations shall be illuminated at mounting equipment should not intrude recommending a thorough risk exposure night. The FHWA believes that anytime into the minimum 1500 mm (60 in) analysis as part of the worker safety a flagger is active at night, illumination width of clear accessible passageway; planning process. of the flagger station is important to and that lining a walkway with tape, 200. In Section 6E.01 Qualifications make the flagger more visible to rope, or plastic chain strung between for Flaggers, the FHWA proposes approaching road users. devices is not detectable to pedestrians rewriting the GUIDANCE statement in 204. In Section 6F.02 General with visual limitations. its entirety to describe in terms more Characteristics of Signs, the FHWA The FHWA proposes the changes to appropriate to a temporary traffic proposes adding to the first OPTION this section to enhance the control zone environment the statement that warning and guide signs consideration of pedestrian needs in recommended skills and abilities for a used for temporary traffic control of temporary traffic control zones. The flagger. This proposed change is needed incident management situations may FHWA proposes a phase-in compliance to reflect the state of the practice in have a black legend and border on a period of 5 years for these changes in flagger selection and training. fluorescent coral background. This order to minimize any impact on State 201. In Section 6E.02 High-Visibility change is proposed based on research or local highway agencies as they design Clothing, the FHWA proposes adding to and experimentation conducted in and advertise new projects, and as they the first STANDARD statement the Virginia. undertake maintenance activities. requirement that flaggers wear safety 205. In Section 6F.03 Sign Placement, 199. In Section 6D.02 Worker apparel meeting the requirements of the in the first STANDARD statement, the Considerations, the FHWA proposes American National Standard for High FHWA proposes adding ‘‘bicycle adding to the SUPPORT statement Visibility Apparel and labeled as movements’’ to the list of reasons why information on the need to separate meeting ANSI 107–1999 Standard in urban areas the distance between the workers on foot from moving Performance for Class 3 risk exposure, bottom of the sign and the top of the construction vehicles. to improve worker visibility to near edge of the traveled way shall be Additionally, the FHWA proposes approaching road users. The FHWA at least 2.1 m (7 ft), to enhance safety adding to the GUIDANCE statement that proposes a phase-in compliance period for bicyclists. workers exposed to the risks of moving of 5 years for these changes in order to Additionally, the FHWA proposes roadway traffic or construction minimize any impact on State or local adding language requiring signs to be equipment should wear high visibility highway agencies. mounted and placed in accordance with apparel meeting the requirements of the 202. In Section 6E.03 Hand-Signaling Section 4.4 of the ‘‘Americans with American National Standard for High Devices, the FHWA proposes adding to Disabilities Act Accessibility Guidelines Visibility Safety Apparel 4 and labeled the OPTION statement other design for Buildings and Facilities (ADAAG).’’ 5 configurations for adding white lights to 4 American National Standard for High Visibility the STOP/SLOW paddle to improve 5 ‘‘American with Disabilities Act Accessibility Safety Apparel,’’ ANSI/ISEA 107–1999, 1999 conspicuity. These additional design Guidelines for Buildings and Facilities,’’ as edition, is available from ISEA—The Safety configurations of white lights will amended through January 1998, is published by the Equipment Association (ISEA) by telephone (703) provide additional flexibility in U.S. Architectural and Transportation Barriers 525–1695, facsimile (703) 528–2148, mail ISEA, Compliance Board, 1331 F Street, NW, Suite 1000, 1901 North Moore Street, Suite 808, Arlington, VA improving visibility of the paddle. Washington, D.C. 20004–1111. It may be obtained 22209, or at its web site http:// Additionally, the FHWA proposes to from the Access Board, or viewed electronically at www.safetycentral.org/isea. add to the second STANDARD http://www.access-board.gov.
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Additionally, the FHWA proposes provide accessibility for disabled reflect the sign’s name change and to be adding to the second GUIDANCE pedestrians. consistent with Part 2. statement that signs mounted lower 208. In Section 6F.13, SIDEWALK 213. In Section 6F.28 EXIT OPEN, than 2.1 m (7 ft) should not project more CLOSED Signs (R9–9, R9–10, R9–11, EXIT CLOSED Signs (E5–2, E5–2a), the than 100 mm (4 in) into pedestrian R9–11a), the FHWA proposes adding to FHWA proposes adding a GUIDANCE facilities, in accordance with the the first GUIDANCE statement that statement indicating that when an exit ‘‘Americans With Disabilities Act Bicycle/Pedestrian Detour (M4–9a) or ramp is closed, a black on orange EXIT Accessibility Guidelines For Buildings Pedestrian Detour (M4–9b) signs should CLOSED panel should be placed And Facilities (ADAAG)’’. be used where pedestrian flow is diagonally across the interchange/ Additionally, the FHWA proposes rerouted, to provide adequate route intersection guide signs, to enhance the adding to the OPTION statement at the guidance information to pedestrians. information provided to road users. end of the section that sign supports Additionally, the FHWA proposes 214. In Section 6F.41, the FHWA that are approved for use with longer- adding to the SUPPORT statement that proposes changing the title of the term signs may be used for shorter-term printed signs are not useful to section from ‘‘SHOULDER DROP–OFF signs. pedestrians with visual disabilities. Sign (W8–9a)’’ to ‘‘Shoulder and 206. In Section 6F.06 Regulatory Sign Nearby accessible pedestrian signals can UNEVEN LANES Signs (W8–4, W8–9, Design, the FHWA proposes changing provide temporary audible information W8–9a, and W8–11)’’ to reflect the the first sentence of the SUPPORT about closures and alternate routes. additional signs added to this section. statement to become a new STANDARD Tactile map modules available on some Additionally, the FHWA proposes statement at the beginning of the accessible pedestrian signal housings adding an OPTION statement to allow section, stating that temporary traffic can also provide information about the use of the SOFT SHOULDER sign to control regulatory signs shall conform to closures and alternate routes. These warn of a soft shoulder condition and the standards for regulatory signs proposed changes are to enhance the the LOW SHOULDER sign to warn of a presented in Part 2 and in the FHWA’s provision of information to pedestrians shoulder condition where there is an ‘‘Standard Highway Signs’’ book. This with visual disabilities. elevation difference of less than 75 mm sentence currently contains a ‘‘shall’’ 209. In Section 6F.14 Special (3 in) between the shoulder and the but is inadvertently in the SUPPORT Regulatory Signs, the FHWA proposes travel lane. This is proposed to statement. The remainder of the adding a SUPPORT statement differentiate from shoulder drop-off SUPPORT statement will remain a referencing Section 2B.15 for conditions, which exceed 75 mm (3 in). SUPPORT statement. information regarding the use of the Additionally, the FHWA proposes Additionally, the FHWA proposes FINES HIGHER sign, since this sign can moving the text from Section 6F.42 identifying the three existing page be useful in enhancing speed UNEVEN LANES Sign (W8–11), in its images of regulatory signs that follow enforcement in temporary traffic control entirety to this section. This information page 6F–7 as Figures 6F–3, 6F–4, and zones. will become a GUIDANCE statement 6F–5 and titling them as ‘‘Regulatory 210. In Section 6F.15 Warning Sign regarding the use of the UNEVEN Signs in Temporary Traffic Control Function, Design, and Application, the LANES Sign. With the proposed Zones,’’ ‘‘Additional Regulatory Signs in FHWA proposes adding to the first deletion of Section 6F.42 the remaining Temporary Traffic Control Zones,’’ and OPTION statement that warning signs sections will be renumbered ‘‘Regulatory Signs for Road Closure and used for temporary traffic control accordingly. Weight Limits in Temporary Traffic incident management situations may 215. The FHWA proposes adding a Control Zones.’’ Additionally, on the have a black legend and border on a new section following existing Section figure proposed to be identified as fluorescent coral background, as an 6F.43 (new Section 6F.42) NO CENTER Figure 6F–4, Regulatory Signs in alternative to black on orange. This is STRIPE Sign (W8–12). This proposed Temporary Traffic Control Zones, the consistent with proposed changes in new section will be numbered and titled FHWA proposes to increase the size of Section 6F.02 and the proposed new ‘‘Section 6F.43 Double Reverse Curve the PEDESTRIAN CROSSWALK sign Chapter 6I. Signs (W24 Series)’’ and will provide from 600 × 300 mm (24 × 12 in) to 900 Additionally, the FHWA proposes information regarding the use of the × 450 mm (36 × 18 in), increase the size adding to the GUIDANCE statement that new Double Reverse Curve signs. The of the SIDEWALK CLOSED sign from where road users include pedestrians FHWA is proposing these new signs to 600 × 300 mm (24 × 12 in) to 750 × 450 with hearing or visual disabilities, the provide a better depiction of actual mm (30 × 18 in), increase the size of the provision of supplemental audible or roadway conditions when the tangent SIDEWALK CLOSED USE OTHER SIDE tactile warning information should be distance between two reverse curves is and SIDEWALK CLOSED CROSS HERE considered to alert pedestrians. insufficient for a second Reverse Curve signs from 600 × 300 mm (24 × 12 in) 211. In Section 6F.17 ROAD sign to be placed between the curves. to 1200 × 600 (48 × 24 in), and increase (STREET) WORK Sign (W20–1), the 216. In Section 6F.47 Guide Signs, the the size of the SIDEWALK CLOSED FHWA proposes adding an OPTION FHWA proposes adding to the OPTION AHEAD CROSS HERE sign from 600 × statement indicating that, where traffic statement that guide signs used for 300 mm (24 × 12 in) to 1200 × 900 mm can enter a temporary traffic control temporary traffic control incident (48 × 36 in), to make it easier for a zone from a crossroad or a major (high management situations may have a pedestrian to read these signs from volume) driveway, an advance warning black legend and border on a fluorescent across a wide street. sign may be used on the crossroad or coral background, as an alternative to 207. In Section 6F.12 PEDESTRIAN major driveway to alert road users. This black on orange, to correspond with the CROSSWALK Sign (R9–8), the FHWA proposed change allows jurisdictions proposed change in Section 6F.02. proposes adding a STANDARD additional flexibility to provide warning 217. In Section 6F.50 the FHWA statement following the OPTION signs when needed. proposes changing the title of the statement that if a temporary crosswalk 212. In Section 6F.24 the FHWA section from ‘‘Detour Signs and Markers is established, it shall be accessible to proposes changing the title of the (M4–8, M4–8a, M4–8b, M4–9, and M4– pedestrians with disabilities. This section from ‘‘Lane Reduction Sign 10)’’ to ‘‘Detour Signs and Markers (M4– proposed change reflects the need to (W4–2)’’ to ‘‘Lane Ends Sign (W4–2)’’ to 8, M4–8a, M4–8b, M4–9, M4–9a, M4–
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9b, M4–9c, and M4–10)’’ to include changeable messages from the end of the continuous detectable bottom and top signs specifically for detouring section to the end of the first rails with no gaps between individual pedestrians and bicyclists. GUIDANCE statement, for better clarity. barricades to be detectable to users of Additionally, the FHWA proposes Additionally, the FHWA proposes long canes. The bottom of the bottom adding to the first OPTION statement changing and relocating from the first rail shall be no higher than 150 mm (6 that signs used for temporary traffic GUIDANCE statement to the following in) above the ground surface. The top of control of incident management OPTION statement that smaller letter the top rail shall be no lower than 915 situations may have a black legend and sizes may be used on a sign mounted on mm (36 in) above the ground surface. border on a fluorescent coral a trailer or large truck provided that the These proposed changes are needed to background, as an alternative to black message is legible from a minimum assure detectability to long cane users of on orange, to correspond to proposed distance of 200 m (650 ft), or a sign devices used to channelize pedestrians changes in Section 6F.02. mounted on a service patrol truck in temporary traffic control zones. The Additionally, the FHWA proposes provided that the message is legible FHWA proposes a phase-in compliance adding a STANDARD statement from a minimum distance of 100 m (330 period of 5 years for these changes in following the first GUIDANCE statement ft). This proposed change will provide order to minimize any impact on State that the Pedestrian/Bicycle Detour (M4– flexibility to use smaller letter sizes as or local highway agencies. 9a) sign shall be used where a long as the legibility distance can be 221. In Section 6F.56 Cones, the pedestrian/bicycle detour route has maintained FHWA proposes adding to the been established because of the closing Additionally, the FHWA proposes STANDARD statement that of a pedestrian/bicycle facility to adding to the second STANDARD retroreflectorization of cones that are through traffic. If used, the Pedestrian/ statement to clarify that the mounting of more than 900 mm (36 in) in height Bicycle Detour sign shall have an arrow Portable Changeable Message signs on a shall be provided by horizontal, pointing in the appropriate direction. trailer, a large truck, or a service patrol circumferential, alternating orange and Additionally, the FHWA proposes truck shall be such that the bottom of white retroreflective stripes that are adding to the second OPTION statement the message sign panel shall be a 100–150 mm (4 to 6 in) wide. Each cone that an arrow may be on the sign face minimum or 2.1 m (7 ft) above the shall have a minimum of two orange or on a supplemental plaque. The roadway in urban areas and 1.5 m (5 ft) and two white stripes with the top Pedestrian/Bicycle Detour (M4–9a) sign in rural areas when it is in the operating stripe being orange. Any non- or Bicycle Detour (M4–9c) sign may be mode, to correspond with mounting retroreflective spaces between the used where a pedestrian or bicycle heights for post-mounted signs. orange and white striped shall not detour route (not both) has been 219. In Section 6F.53 Arrow Panels, exceed 75 mm (3 in) in width. These established because of the closing of the FHWA proposes adding to the first proposed changes will enhance the that particular facility to through traffic. GUIDANCE statement that an arrow visibility of cones and improve safety in 218. In Section 6F.52 Portable panel in the arrow mode should be used temporary traffic control zones. The Changeable Message Signs, the FHWA to advise approaching road users of a FHWA proposes a phase-in compliance proposes adding to the first STANDARD lane closure along major multilane period of 5 years for these changes in statement that each character module roadways in situations involving heavy order to minimize any impact on State shall use at least a five wide and seven traffic volumes, high speeds, and or or local highway agencies. high pixel matrix, based on research limited sight distances, or at other Additionally, in the first GUIDANCE regarding visibility and legibility of locations and under other conditions statement the FHWA proposes adding changeable message signs. where road users are less likely to that cones should not be used for Additionally, the FHWA proposes expect such lane closures. This change pedestrian channelization or as adding to the first GUIDANCE statement is proposed to enhance the information pedestrian barriers in temporary traffic that for a trailer or large truck mounted provided to road users. control zones on or along sidewalks sign, the letter height should be a 220. In Section 6F.55 Channelizing unless they are continuous between minimum of 450 mm (18 in). For a Devices, following the first SUPPORT individual devices and detectable to service patrol truck mounted sign, the statement, the FHWA proposes adding a users of long canes. Non-continuous, letter height should be a minimum of STANDARD statement, GUIDANCE non-detectable series of cones have been 250 mm (10 in). The message panel statement, and another STANDARD found to be safety problems for should have adjustable display rates statement defining the use of pedestrians with visual disabilities. (minimum of 3 seconds per phase) so channelizing devices to channelize 222. In Section 6F.57 Tubular that the entire message can be read at pedestrians and that they have to be Markers, the FHWA proposes adding to least twice at the posted speed, the off- detectable to users of long canes. the GUIDANCE statement that tubular peak 85th percentile prior to work Additionally, the FHWA proposes markers should not be used for starting, or the anticipated operating adding a note to Figure 6F–14 (Sheet 1 pedestrian channelization or as speed. Since the FHWA is proposing to of 2) that where drums, cones, or pedestrian barriers in temporary traffic retain the current guidance that road tubular markers are used to channelize control zones on or along sidewalks users should be able to read the entire pedestrians, they shall be located such unless they are continuous between message twice, there may be a need in that there are no gaps between the bases individual devices and detectable to some temporary traffic control zones to of the devices, in order to create a users of long canes. . Non-continuous, use more than one portable Changeable continuous bottom, and the height of non-detectable series of tubular marker Message sign. The FHWA proposes each individual drum, cone, or tubular have been found to be safety problems these changes in response to research marker shall be no less than 915 mm (36 for pedestrians with visual disabilities. addressing the needs of older road in) to be detectable to users of long 223. In Section 6F.58 Vertical Panels, users. canes. the FHWA proposes adding to the first Additionally, the FHWA proposes Additionally, the FHWA proposes STANDARD statement that vertical moving the GUIDANCE information adding a note to Figure 6F–14 (Sheet 2 panels shall be mounted with the top a regarding the factors that should be of 2) that where barricades are used to minimum of 900 mm (36 in) above the taken into account when designing channelize pedestrians, there shall be roadway and a minimum of 1050 mm
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(42 in) above the pedestrian travel way, that can be used singly as Type I, II, or indicate the acceptable use of DO NOT so as not to interfere with pedestrians. III barricades. PASS and PASS WITH CARE signs 219. In Section 6F.59 Drums, the Proposed Section 6F.64 Other instead of pavement markings for FHWA proposes adding to the Channelizing Devices, consists of an temporary situations, rather than the NO GUIDANCE statement that drums OPTION statement and a GUIDANCE PASSING ZONE sign, because these should not be used for pedestrian statement that there may be signs provide a more effective regulatory channelization or as pedestrian barriers channelizing devices other than those message. in temporary traffic control zones on or already described in Part 6 that may be 232. In existing Section 6F.69 (new along sidewalks unless they are used in special situations based on an Section 6F.71) Lighting Devices, the continuous between individual devices engineering study. If used, these other FHWA proposes adding to the and detectable to users of long canes. channelizing devices should conform to GUIDANCE statement that the Non-continuous, non-detectable series the general size, color stripe pattern, maximum spacing for warning lights of drums have been found to be safety retroreflectivity, and placement should be identical to the channelizing problems for pedestrians with visual characteristics established for the device space requirements, for disabilities. devices described in Chapter 6F. This consistency. 220. In Section 6F.60 Type I, II, or III use of other channelizing devices was Additionally, the FHWA proposes Barricades, the FHWA proposes adding included in the 1988 MUTCD but was changing the SUPPORT statement to an a STANDARD statement following the inadvertently omitted in the OPTION statement to more accurately first GUIDANCE statement that Millennium Edition of the MUTCD. reflect the uses of lighting devices. 233. In existing Section 6F.70 (new barricade supports shall not project into 228. In existing Section 6F.63 (new Section 6F.72) Floodlights, the FHWA circulation routes more than 100 mm (4 Section 6F.65) Temporary Raised proposes adding a SUPPORT statement in) from the support between 675 mm Islands, the FHWA proposes adding a at the end of the section that research (27 in) and 2000 mm (80 in) from the STANDARD statement following the indicates that 50 lux (5 foot candles) is surface, as described in Section 4.4.1 of GUIDANCE statement that at pedestrian a desirable nighttime illumination level THE ‘‘AMERICANS WITH crossing locations temporary raised islands shall be cut through or reduced where workers are active. DISABILITIES ACT ACCESSIBILITY in size to provide at least a 1500 mm (60 234. In existing Section 6F.72 (new GUIDELINES FOR BUILDINGS AND in) wide pathway for pedestrians, to Section 6F.74) Warning Lights, the FACILITIES (ADAAG)’’, and supports meet the ADA requirements and to FHWA proposes adding Type D 360- shall not narrow the pedestrian facility ensure that all pedestrians, including degree warning lights to the first and to less than 1200 mm (48 in) in width, disabled pedestrians, have a clear and second STANDARD statements, the with a 1500 × 1500 mm (60 × 60 in) useable facility. The FHWA proposes a third OPTION statement, and the passing space at least every 60 m (200 phase-in compliance period of 5 years second GUIDANCE statement, to ft), as described in Section 4.3.4 of for these changes in order to minimize provide more flexibility in the use of ADAAG. any impact on State or local highway lighting devices. Additionally, the FHWA proposes agencies. 235. In existing Section 6F.74 (new adding to the third existing STANDARD 229. In existing Section 6F.64 (new Section 6F.76) Temporary Traffic statement that the ballast used with Section 6F.66) Opposing Traffic Lane Control Signals, the FHWA proposes barricades shall not extend into the Divider, the FHWA proposes adding to adding to the first GUIDANCE statement accessible passage width of 1500 mm the STANDARD statement that that, where pedestrian traffic is (60 in). opposing traffic lane dividers shall not detoured to a temporary traffic control These proposed changes will provide be placed across pedestrian crossings, to signal, engineering judgment should be for accessible pedestrian passes in ensure that pedestrians have a clear and used to determine if pedestrian signals temporary traffic control zones. The useable facility. or accessible pedestrian signals are FHWA proposes a phase-in compliance 230. In existing Section 6F.65 (new needed, to enhance consideration of period of 5 years for these changes in Section 6F.67) Pavement Markings, the pedestrian needs in temporary traffic order to minimize any impact on State FHWA proposes adding to the control zones. or local highway agencies. STANDARD statement that delineation Additionally, the FHWA proposes 226. In Section 6F.62 Temporary and channelizing devices for use by adding a new STANDARD statement Traffic Barriers as Channelizing Devices, pedestrians shall be accessible and that indicates that the supports for the FHWA proposes adding SUPPORT detectable to pedestrians who have temporary traffic control signals shall and STANDARD statements related to disabilities and shall be continuous not encroach into the minimum the use of temporary traffic barriers as throughout the temporary traffic control required pedestrian pathway width of traffic control devices. These statements zone, to ensure that pedestrians have a 1500 mm (60 in), to meet the ADA are being relocated from Section 6G.04, useable facility. requirements and assure a clear as they more properly belong in Section Additionally, the FHWA proposes pathway for all pedestrians, including 6F.62. adding a SUPPORT statement at the end disabled pedestrians. 227. The FHWA proposes adding two of the section that pavement markings Additionally, the FHWA proposes new sections following Section 6F.62 alone are generally not sufficient for use adding to the second SUPPORT Temporary Traffic Barriers as by pedestrians who have visual statement a new item, ‘‘the nature of Channelizing Devices. The remaining disabilities. Tactile warnings on the adjacent land uses’’ to the list of factors sections will be renumbered roadway surface or audible devices are related to the design and application of accordingly. usually more helpful to these temporary traffic control signals. The Proposed Section 6F.63 Longitudinal pedestrians. remaining items will be re-lettered. Channelizing Barricades, consists of 231. In existing Section 6F.66 (new 236. In existing Section 6F.75 (new GUIDANCE, OPTION, and SUPPORT Section 6F.68) Temporary Pavement Section 6F.77) Temporary Traffic statements relating to the use of Markings, the FHWA proposes Barriers, the FHWA proposes modifying longitudinal channelizing barricades modifying the OPTION statement and the first SUPPORT statement by deleting that are lightweight, deformable devices the second GUIDANCE statement to the last two sentences related to the
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functions of temporary traffic barriers should not be exposed to unprotected Additionally, the FHWA proposes and adding a portion of text from excavations, open utility access, adding to the GUIDANCE statement that Section 6G.11, to more clearly describe overhanging equipment, or other work sites within the intersection the four primary functions of temporary hazards. should be protected against inadvertent traffic barriers. 240. In Section 6G.04 Modifications to pedestrian incursion by providing 237. In existing Section 6F.76 (new Fulfill Special Needs, the FHWA detectable barriers. Section 6F.78) Crash Cushions, the proposes adding throughout the 246. In Section 6G.11 Work Within FHWA proposes adding a STANDARD GUIDANCE statement additional the Traveled Way of Multilane, statement that damaged crash cushions information related to the need to take Nonaccess Controlled Highways, the shall be promptly repaired or replaced, into account pedestrian and bicycle FHWA proposes adding to the first to maintain their crashworthiness. usage. SUPPORT statement that Chapter 6D 238. In existing Section 6F.78 (new Additionally, the FHWA proposes contains information regarding the steps Section 6F.80) Rumble Strips, the moving the SUPPORT and STANDARD to follow when pedestrian facilities are FHWA proposes adding to the statements at the end of the section to affected by the worksite. SUPPORT statement a definition for Section 6F.62, because this text Additionally, the FHWA proposes longitudinal rumble strips, and regarding temporary traffic barriers is moving the information in the second clarifying throughout the section which more appropriately located there. SUPPORT statement related to the four statements refer specifically to 241. In Section 6G.05 Work Outside of primary functions of temporary traffic longitudinal rumble strips and which Shoulder, the FHWA proposes adding to barriers to existing Section 6F.75 (new statements refer specifically to the first GUIDANCE statement that Section 6F.77) as they more properly transverse rumble strips, to clarify pedestrians should be separated from belong in that section. 247. In Section 6G.12 Work Within which ones go on travel lanes and the worksite by appropriate barriers that the Traveled Way at an Intersection, the which ones go on the shoulder. maintain the accessibility and Additionally, the FHWA proposes FHWA proposes adding to the first detectability for pedestrians with adding a STANDARD statement STANDARD statement and the second disabilities. following the SUPPORT statement that, GUIDANCE statement regarding contact 242. In Section 6G.06 Work on the if it is desirable to use a color other than with the highway agency having Shoulder with No Encroachment, the the color of the pavement for a jurisdiction at intersections where FHWA proposes adding to the first longitudinal rumble strip, the color of pedestrian visibility problems are STANDARD statement that, where the rumble strip shall be the same as the anticipated, to reinforce proper contact pedestrian routes are closed, alternate longitudinal line the rumble strip procedures. supplements. If the color of a transverse pedestrian routes shall be provided. Additionally, the FHWA proposes rumble strip used within a travel lane is Additionally, the FHWA proposes adding a STANDARD statement after not the color of the pavement, the color adding to the GUIDANCE statement the second GUIDANCE statement that of the rumble strip shall be white. These that, where feasible, signs should be pedestrian crossings shall be protected proposed changes are needed to placed such that they do not narrow any with a pedestrian barrier detectable to conform to general principles for colors existing pedestrian passage to less than pedestrians with visual disabilities. of pavement markings. 1500 mm (60 in). Additionally, the FHWA proposes Additionally, the FHWA proposes 243. In Section 6G.07 Work on the modifying the third OPTION statement adding to the GUIDANCE statement that Shoulder with Minor Encroachment, the to indicate that flaggers or uniformed transverse rumble strips should not be FHWA proposes adding to the law enforcement officers can be used to placed on roadways used by bicyclists GUIDANCE statement that, where direct road users when work is within unless a minimum clear path of 1.2 m feasible, pedestrian routes should be an intersection. (4 ft) is provided at the edge or the protected or alternate accessible and 248. In Section 6G.19 Control of roadway; that rumble strips should not detectable routes should be provided. Traffic Through Incident Areas, the be placed through pedestrian crossings 244. In Section 6G.09 Work within the FHWA proposes moving all of the or on bicycle routes; and that Traveled Way of Two-Lane Highways, information in this section to a new longitudinal rumble strips should not be the FHWA proposes adding to the chapter, numbered and titled ‘‘Chapter placed on the shoulder of a roadway GUIDANCE statement that pedestrian 6I Control of Traffic Through Traffic that is used by bicyclists unless a detours should be avoided, since Incident Management Areas.’’ In its minimum clear path of 1.2 m (4 ft) is pedestrians rarely observe them and the place, the FHWA proposes a new also provided at each edge of the cost of providing accessibility and Section 6G.19 titled ‘‘Temporary Traffic roadway. These proposed changes will detectability might outweigh the cost of Control During Nighttime Hours.’’ This minimize interference caused by rumble maintaining a continuous route. proposed new section will contain strips to bicyclists using the roadway or Additionally, the FHWA proposes SUPPORT and GUIDANCE statements shoulder. adding to the GUIDANCE statement regarding the temporary traffic control 239. In Section 6G.01 Introduction, that, whenever possible, work should be measures appropriate during nighttime the FHWA proposes adding to the done in a manner that it does not create hours. SUPPORT statement that temporary a need to detour pedestrians from 249. In Section 6H.01 Typical traffic control zones are subject to all existing routes or crossings. Applications, the FHWA proposes accessibility requirements for use by all 245. In Section 6G.10 Work Within changing the Typical Applications to types of pedestrians. This is in the Traveled Way of Urban Streets, the reflect the proposed changes to all parts accordance with the requirements of the FHWA proposes adding to the first of the MUTCD with particular reference Americans with Disability Act of 1990 STANDARD statement that, if the to Part 6 changes. (ADA). temporary traffic control zone affects an Additionally, the FHWA proposes Additionally, the FHWA proposes accessible and detectable pedestrian changing the titles of Figure 6H–11 from adding a GUIDANCE statement facility, the accessibility and ‘‘Lane Closure on Low-Volume Two- following the second SUPPORT detectability along the alternate Lane Road’’ to ‘‘Lane Closure on Two- statement that bicyclists and pedestrians pedestrian route shall be maintained. Lane Road with Low Traffic Volumes,’’
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Figure 6H–15 from ‘‘Work in Center of shall not be used instead of the vehicle’s rotating lights or strobe lights, and a Low-Volume Road’’ to ‘‘Work in Center rotating lights or strobe lights. This new item 8 in the STANDARD of Road with Low Traffic Volumes,’’ and change is proposed for clarity. statement, which states that vehicle Figure 6H–16 from ‘‘Surveying Along d. Notes for Figure 6H–6: The FHWA hazard warning signals shall not be used Centerline of Low-Volume Road’’ to proposes replacing existing item 10 in instead of the vehicle’s rotating lights or ‘‘Surveying Along Centerline of Road the STANDARD statement with a new strobe lights. This change is proposed with Low Traffic Volumes.’’ These item 10 in the OPTION statement, for clarity. proposed changes will avoid confusion stating that vehicle hazard warning i. Notes for Figure 6H–17: The FHWA with material in Part 5 Traffic Control signals may be used to supplement proposes adding a new item 3 to the Devices for Low-Volume Roads. Low- rotating lights or strobe lights, and a STANDARD statement that if an arrow volume roads as covered in Part 5 are new item 11 in the STANDARD panel is used, it shall be used in the specifically defined in Section 5A.01 as, statement, which states that vehicle caution mode. The remaining items among other criteria, being outside a hazard warning signals shall not be used would be renumbered. Additionally, the built-up area and having a traffic instead of the vehicle’s rotating lights or FHWA proposes removing existing item volume of less than 400 AADT. The strobe lights. This change is proposed 5 of the GUIDANCE statement and Typical Applications in Part 6 that refer for clarity. moving it to the OPTION statement as to low volume roads are not intended to e. Notes for Figure 6H–11: The FHWA part of existing item 9 that the use of a be limited only to roads meeting the proposes removing item 2 of the truck mounted attenuator is optional on limited definition of Part 5. STANDARD statement because this either a shadow vehicle or a work Additionally, the FHWA proposes the Typical Application specifically does vehicle. These changes are proposed for following changes to the notes to the not involve the use of flaggers. Typical clarity. figures of typical applications: Application 10 covers the temporary j. Notes for Figure 6H–21: The FHWA a. Notes for Figure 6H–1: The FHWA traffic control zone applicable to this proposes replacing existing item 7 in the proposes replacing existing item 5 in the STANDARD, using flaggers. STANDARD statement with a new item STANDARD statement with a new item f. Notes for Figure 6H–12: The FHWA 7 in the OPTION statement, which 5 in the OPTION statement, stating that proposes adding to item 2 of the states that vehicle hazard warning vehicle hazard warning signals may be STANDARD statement that durations of signals may be used to supplement used to supplement rotating lights or red clearance intervals shall be adequate rotating lights or strobe lights, and a strobe lights, and a new item 6 in the to clear the one-lane section of new item 8 in the STANDARD STANDARD statement, which states conflicting vehicles. Additionally, the statement, which states that vehicle that vehicle hazard warning signals FHWA proposes adding a new item 5 to hazard warning signals shall not be used shall not be used instead of the vehicle’s the STANDARD statement that adequate instead of the vehicle’s rotating lights or rotating lights or strobe lights. This means, such as interconnection, shall be strobe lights. This change is proposed change is proposed for clarity. provided to prevent conflicting signal for clarity. b. Notes for Figure 6H–3: The FHWA indications at opposite ends of the lane k. Notes for Figure 6H–22: The FHWA proposes replacing existing item 5 in the closure. The remaining items would be proposes removing item 5, regarding a STANDARD statement with a new item renumbered. These changes are right-turn island using channelizing 5 in the OPTION statement, which proposed for consistency with devices, from the OPTION statement, states that vehicle hazard warning applicable requirements for temporary since it is inappropriate for the depicted signals may be used to supplement traffic control signals in Part 4. application. rotating lights or strobe lights, and a g. Notes for Figure 6H–13: The FHWA l. Notes for Figure 6H–26: The FHWA new item 6 in the STANDARD proposes modifying item 2 of the proposes replacing existing item 7 in the statement, which states that vehicle STANDARD statement to indicate that a STANDARD statement with a new item hazard warning signals shall not be used flagger or law enforcement officer shall 7 in the OPTION statement, which instead of the vehicle’s rotating lights or be used during a temporary road states that vehicle hazard warning strobe lights. This change is proposed closure. Additionally, the FHWA signals may be used to supplement for clarity. Additionally, the FHWA proposes removing item 3 of the rotating lights or strobe lights, and a proposes to add a new item 7 to the OPTION statement, since it is not new item 8 in the STANDARD STANDARD statement at the end of the applicable. The FHWA also proposes statement, which states that vehicle Notes that when paved shoulders adding a new item 3 as a GUIDANCE hazard warning signals shall not be used having a width of 2.4 m (8 ft) or more statement, which states that the law instead of the vehicle’s rotating lights or are closed, at least one advance warning enforcement officer, if used for this strobe lights. This change is proposed sign shall be used. In addition, application, should follow the for clarity. channelizing devices shall be used to procedures of Section 6E.04 and 6E.05. m. Notes for Figure 6H–27: The close the shoulder in advance to This proposal is to encourage law FHWA proposes replacing existing item delineate the beginning of the work enforcement officers to use proper 9 in the STANDARD statement with a space and direct motor vehicle traffic to flagging devices and procedures for a new item 9 in the OPTION statement, remain within the traveled way. This temporary road closure, if it is practical. which states that vehicle hazard change is proposed to enhance safety for h. Notes for Figure 6H–15: The FHWA warning signals may be used to road users. proposes adding a new item 2 to the supplement rotating lights or strobe c. Notes for Figure 6H–4: The FHWA GUIDANCE statement that workers in lights, and a new item 10 in the proposes replacing existing item 5 in the the roadway should wear high-visibility STANDARD statement, which states STANDARD statement with a new item clothing as described in Section 6D.02. that vehicle hazard warning signals 5 in the OPTION statement, stating that Additionally, the FHWA proposes shall not be used instead of the vehicle’s vehicle hazard warning signals may be replacing existing item 6 in the rotating lights or strobe lights. This used to supplement rotating lights or STANDARD statement with a new item change is proposed for clarity. strobe lights, and a new item 6 in the 7 in the OPTION statement, which n. Notes for Figure 6H–28: The FHWA STANDARD statement, which states states that vehicle hazard warning proposes adding a new item 3 to the that vehicle hazard warning signals signals may be used to supplement GUIDANCE statement that audible
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warnings should be considered where or STOP. Additionally, the FHWA special sizes of the End School Zone midblock closings and changed proposes adding a dimension of 7.5 m (S5–2) sign and the Speed Limit (School crosswalk areas cause inadequate (25 ft) spacing between channelizing Use) (English) (R2–1) sign from 600 × communication to be provided to devices shown on Figure 6H–40. This 750 mm (24 × 30 in) and 900 × 1200 mm pedestrians who have visual disabilities. additional guidance, beyond the general (36 × 48 in) respectively to 900 × 1125 The remaining items would be guidance in Section 6F.55 about mm (36 × 45 in) and 1200 × 1500 mm renumbered. Additionally, the FHWA channelizing device spacing, is (48 × 60 in) respectively. The FHWA proposes to add the use of Type D 360- proposed to help improve also proposes revising Table 7B–1 to degree Steady-Burn warning lights to channelization specifically in the add the School Speed Limit Ahead (S4– existing item 6 (new item 7) of the median crossover by providing a 5, S4–5a) and the School Speed Limit OPTION statement. These changes are recommended device spacing to XX When Flashing (English and Metric) proposed for consistency with other minimize the tendency of vehicles to (S5–1) signs. The FHWA also proposes sections in Part 6. drive between devices. revising Table 7B–1 to revise the o. Notes for Figure 6H–29: The FHWA s. Figure 6H–41: The FHWA proposes standard size of the When Children are proposes to add a new item 3 to the adding a dimension of 7.5 m (25 ft) Present (S4–2) plaque from 900 × 500 GUIDANCE statement that audible spacing between channelizing devices mm (36 × 20 in) to 900 × 375 mm (36 warnings should be considered where shown on Figure 6H–41. This additional × 15 in), to revise the minimum, midblock closings and changed guidance, beyond the general guidance standard, and special sizes of the XXX crosswalk areas cause inadequate in Section 6F.55 about channelizing FT (W16–2) plaque from 600 × 450 mm communication to be provided to device spacing, is proposed to help (24 × 18 in), 750 × 600 mm (30 × 24 in), pedestrians who have visual disabilities, improve channelization specifically in and 750 × 600 mm (30 × 24 in) for consistency. The remaining items the median crossover by providing a respectively to 600 × 300 mm (24 × 12 would be renumbered. recommended device spacing to in), 750 × 375 mm (30 × 15 in), and 900 p. Notes for Figure 6H–32: The FHWA minimize the tendency of vehicles to × 450 mm (36 × 18 in) respectively, to proposes adding a new item 2 to the drive between devices. revise the minimum, standard, and STANDARD statement that when paved t. Notes for Figure 6H–42: The FHWA special sizes of the XXX Feet (W16–2a) shoulders having a width of 2.4 m (8 ft) proposes removing items 6 and 7 of the plaque from 600 × 300 mm (24 × 12 in), or more are closed, at least one advance OPTION statement since they are not 750 × 450 mm (30 × 18 in), and 750 × warning sign shall be used. In addition, applicable to the specific application 450 mm (30 × 18 in) respectively to 600 channelizing devices shall be used to depicted on Figure 6H–42. The × 450 mm (24 × 18 in), 750 × 525 mm close the shoulder in advance to remaining item would be renumbered. (30 × 21 in), and 900 × 600 mm (36 × delineate the beginning of the work u. Notes for Figure 6H–44: the FHWA 24 in) respectively. The FHWA also space and direct motor vehicle traffic to proposes removing item 5 in the proposes to revise Table 7B–1 to revise remain within the traveled way. The GUIDANCE statement since it is too the standard and special sizes of the remaining items would be renumbered. vague and there is no accepted practice Ahead (W16–9p) plaque from 900 × 500 The FHWA also proposes removing the to determine how traffic is stabilized. mm (36 × 20 in) and 1200 × 750 mm (48 word ‘‘optional’’ from the shoulder The remaining items would be × 30 in) respectively to 900 × 375 mm taper illustrated on Figure 6H–32, to renumbered. (36 × 15 in) and 1200 × 500 mm (48 × correspond to the proposed addition of 250. The FHWA proposes adding a 20 in) respectively, and to revise the new item 2 in the STANDARD new chapter, numbered and titled standard and special sizes of the statement. These changes are proposed ‘‘Chapter 6I Control of Traffic Through Diagonal Arrow (W16–7) plaque from to improve advance warning and Traffic Incident Management Areas.’’ 750 × 450 mm (30 × 18 in) and 750 × channelization for road users This proposed new chapter will contain 450 mm (30 × 18 in) respectively to 900 approaching the half road closure on existing Section 6G.19 Control of Traffic × 375 mm (36 × 15 in) and 1200 × 500 multilane high-speed highways. Through Incident Areas in its entirety mm (48 × 20 in) respectively. These q. Notes for Figure 6H–33: The FHWA with several modifications and proposed changes in the table are to proposes to add a new item 3 to the additional information on the use of reflect proposed changes throughout STANDARD statement that when paved temporary traffic control devices for Part 7 and to make the sizes of shoulders having a width of 2.4 m (8 ft) traffic incident management zones. The supplemental plaques correspond more or more are closed, at least one advance proposed new chapter will contain a closely with the sizes of the signs they warning sign shall be used. In addition, general section as well as sections on supplement. channelizing devices shall be used to major, intermediate, and minor traffic 252. In Section 7B.07 Sign Color for close the shoulder in advance to incidents, and on use of emergency- School Warning Signs, the FHWA delineate the beginning of the work vehicle lighting (flashing or rotating proposes changing item D in the space and direct motor vehicle traffic to beacons or strobes.) The FHWA OPTION statement to clarify that only remain within the traveled way. These proposes this new chapter in the SCHOOL portion on the School changes are proposed to improve recognition of the importance of safely Speed Limit (S5–1) sign may have a advance warning and channelization for and efficiently controlling traffic fluorescent yellow-green background. road users approaching a lane closure through traffic incident management The SCHOOL portion of the sign is the on a divided highway. Additionally, the areas, and the unique characteristics of warning message. FHWA proposes removing existing item incidents and the traffic controls that 253. In Section 7B.08 School Advance 3 of the GUIDANCE statement, since it should be utilized. Warning Sign (S1–1), the FHWA is not applicable to the application proposes giving the page of sign images depicted. Discussion of Proposed Amendments to a number and title, ‘‘Figure 7B–1 School r. Notes for Figure 6H–40: The FHWA Part 7—Traffic Controls for School Area Signs’’ for easier reference. proposes adding to item 3 that YIELD or Areas Additionally, the FHWA proposes STOP lines should be installed, if 251. In Section 7B.01 Size of School adding a new figure to be numbered and needed, across the ramp to indicate the Signs, the FHWA proposes revising titled, ‘‘Figure 7B–2 Example of Signing point at which road users should YIELD Table 7B–1 to increase the standard and for School Crosswalk Warning
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Assembly’’ to illustrate the placement of would make the guards and patrols (and and reinforces that both highway-rail these assemblies as described in Section the students they are managing) far and highway-light rail transit grade 7B.09. more visible to approaching road users. crossings are a potential source of Additionally, the FHWA proposes The FHWA proposes a phase-in congestion, and agencies should renumbering and retitling Figure 7B–1 compliance period of 5 years for these conduct engineering studies to to ‘‘Figure 7B–3 Example of Signing for changes in order to minimize any determine the cost and benefits of School Area Traffic Control with School impact on State or local agencies. eliminating such crossings. Speed Limits.’’ 258. In Section 7E.05 Operating Additionally, the FHWA proposes 254. In Section 7B.11 School Speed Procedures for Adult Guards, the FHWA adding an OPTION statement at the end Limit Assembly (S4–1, S4–2, S4–3, S4– proposes adding an OPTION statement of the section. This proposed OPTION 4, S5–1), the FHWA proposes adding to at the end of the section to allow the statement will be identical to the last the OPTION statement that changeable STOP paddle to be modified by adding OPTION statement in Section 10A.04 message signs should subscribe to the white flashing lights, to enhance and reinforces that TRACKS OUT OF principles established in Section 2A.07 conspicuity of the paddle. SERVICE (R8–9) signs may be and other sections of the MUTCD, for Additionally, the FHWA proposes temporarily installed at locations where consistency with Section 6F.52. The adding a STANDARD statement both rail or light rail transit is FHWA also proposes adding at the end following the new OPTION statement to eliminated at a highway-rail or of the OPTION statement to provide define the acceptable flashing rate of the highway-light rail transit grade crossing information on the use of the FINES optional flashing lights on STOP until the tracks are removed or paved HIGHER (R2–6) sign to advise road paddles. This proposed change is over. users when increased fines are imposed consistent with the flashing rate in other 262. In Section 8A.05 Temporary for traffic violations in school zones. parts of the MUTCD. Traffic Control Zones, the FHWA This sign can be used to enhance road proposes adding a SUPPORT statement Discussion of Proposed Amendments to user compliance with school speed at the beginning of the section. This Part 8—Traffic Controls for Highway- limits. proposed SUPPORT statement will be Rail Grade Crossings 255. In Section 7C.03 Crosswalk identical to the SUPPORT statement in Markings, the FHWA proposes adding a 259. In Section 8A.01 Introduction, in Section 10A.05 and reinforces that new SUPPORT statement at the the STANDARD statement the FHWA temporary traffic control planning beginning of the section to provide proposes revising the definitions for provides for continuity of operations information on the use of crosswalk ‘‘Advance Preemption and Advance when the normal function of a roadway markings. While this SUPPORT Preemption Time’’ (change to ‘‘Advance at both a highway-rail and a highway- statement is identical to that in Section Preemption’’ and ‘‘Advance Preemption light rail transit grade crossing is 3B.17, the FHWA believes that it is Time’’), ‘‘Clear Storage Distance,’’ suspended because of temporary traffic important to have this information in ‘‘Dynamic Envelope Delineation’’ control operations. both parts of the MUTCD. (change to ‘‘Dynamic Envelope’’), 263. In Section 8B.02, the FHWA Additionally, the FHWA proposes ‘‘Minimum Track Clearance Distance,’’ proposes changing the title from adding at the end of the first GUIDANCE and ‘‘Queue Clearance Time’’ to reflect ‘‘Highway-Rail Grade Crossing statement additional guidance that accepted practice and terminologies. (Crossbuck) Signs (R15–1, R15–2)’’ to crosswalks should not be used The FHWA also proposes adding ‘‘Highway-Rail Grade Crossing indiscriminately and that an definitions for the following, since they (Crossbuck) Signs (R15–1, R15–2, R15– engineering study should be performed are referred to later in the MUTCD: 9)’’ to reflect the proposed addition to before placing crosswalks at locations ‘‘Dynamic Exit Lane Gate Operating the OPTION statement for the optional away from traffic control signals or Mode,’’ ‘‘Exit Lane Gate Clearance use of a new sign, the Crossbuck Shield STOP signs, for consistency with Time,’’ ‘‘Exit Lane Gate Operating (R15–9) sign, that is a wing-shaped sign Section 3B.17. Mode,’’ ‘‘Flashing-Light Signals,’’ that may be mounted below the 256. In Section 7C.04 the FHWA ‘‘Timed Exit Gate Operating Mode,’’ Crossbuck (R15–1) sign or Number of proposes revising the title from ‘‘Stop ‘‘Wayside Equipment,’’ and ‘‘Vehicle Tracks (R15–2) sign. Experimentation Line Markings’’ to ‘‘Stop and Yield Intrusion Detection Devices’’ to reflect with Crossbuck Shield signs has shown Lines’’ because the FHWA proposes to accepted practice and terminologies. benefits in calling attention to the include both stop and yield lines in this 260. In Section 8A.02 Use of Standard presence of passive grade crossings, section. The FHWA also proposes Devices, Systems, and Practices, the particularly at night. The FHWA is revising the entire section to FHWA proposes adding a GUIDANCE aware that in one of the evaluations of appropriately mirror the STANDARD, statement following the STANDARD the Crossbuck Shield (R15–9) sign, GUIDANCE, OPTION, and SUPPORT statement. This proposed GUIDANCE words (or symbols) to indicate the State statements contained in Part 3. The statement will be identical to the second law about yielding or stopping at the FHWA believes that it is important to GUIDANCE statement in Section 10A.02 grade crossing were included on the have this information in both parts of and reinforces that Part 1 principles of center panel of the shield. The FHWA the MUTCD. design, placement, operation, is not including such words or symbols 257. In Section 7E.04 Uniform of maintenance, and uniformity of traffic as an option as it believes that the Adult Guards and Student Patrols, the control devices should be considered for Crossbuck Shield (R15–9) sign should FHWA proposes adding a STANDARD both highway-rail and highway-light rail be uniform in design and that, if a stop statement that adult guards shall wear transit grade crossings. or yield is required either by State law high-visibility retroreflective clothing 261. In Section 8A.04 Highway-Rail or by regulation at any given crossing, labeled as ANSI 107–1999 standard Grade Crossing Elimination, the FHWA the use of a standard YIELD or STOP performance for Class 2, and that proposes adding a GUIDANCE sign is more appropriate and will be student patrols shall wear high-visibility statement at the beginning of the more universally recognized and retroreflective material or clothing section. This proposed GUIDANCE complied with by road users than small labeled as ANSI 107–1999 standard statement will be identical to the first lettering on the Crossbuck Shield would performance for Class 1. This clothing GUIDANCE statement in Section 10A.04 be. The FHWA proposes that this option
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to use a Crossbuck Shield (R15–9) sign used as an alternate to the NO SIGNAL guidance for choosing the size of become effective immediately for new (W10–10) sign. background behind the lenses. or replacement of damaged existing sign 267. In existing Section 8B.13 (new 273. In Section 8D.05 Four-Quadrant installations. The FHWA proposes a Section 8B.15) LOOK Sign (R15–8), the Gate Systems, the FHWA proposes phase-in compliance period of 10 years FHWA proposes modifying the OPTION revising and adding to the GUIDANCE for existing signs in good condition to statement by removing the phrase, ‘‘that statement information to describe the minimize any impact on State or local do not have active warning devices’’ to various operating modes of exit lane highway agencies. clarify that the LOOK (R15–8) sign may gates and how they should be used. Additionally, the FHWA proposes be mounted at any highway-rail grade Additionally, the FHWA proposes revising the second STANDARD crossing. changing the title of Figure 8D–2 from statement to clarify the placement of 268. The FHWA proposes adding a ‘‘Typical Location Plan for Flashing- retroreflective white material on the new section following existing Section Light Signals and Four-Quadrant Gates’’ front and back of the supports for 8B.15 (new Section 8B.17) Storage to ‘‘Example of Location Plan for highway-rail grade crossing Crossbuck Space Signs (W10–11, W10–11a, W10– Flashing-Light Signals and Four- signs, to within 0.3 m (1 ft) of the 11b). This proposed new section will be Quadrant Gates.’’ ground level, except on the side of those numbered and titled ‘‘Section 8B.18 274. In Section 8D.07 Traffic Control supports where a Crossbuck Shield sign Skewed Crossing Sign (W10–12)’’ and Signals at or Near Highway-Rail Grade or flashing lights have been installed. will describe the use of the Skewed Crossings, following the second This proposed change reflects a Crossing (W10–12) sign at highway-rail paragraph of the second STANDARD reasonable distance from the ground grade crossings when railroad tracks are statement, the FHWA proposes adding level and reflects that such strips are not not perpendicular to the highway. additional GUIDANCE, STANDARD, needed to face approaching traffic when 269. In existing Section 8B.18 GUIDANCE, and OPTION statements to a Crossbuck Shield or flashing lights are Dynamic Envelope Delineation, the better describe the use of pre-signals to on that side of the support. FHWA proposes renumbering and improve safety at highway-rail grade 264. In Section 8B.03 Highway-Rail retitling this section as ‘‘Section 8B.21 crossings at locations in proximity to Grade Crossing Advance Warning Signs Dynamic Envelope Markings’’ to clarify intersections controlled by traffic (W10 series), the FHWA proposes that the text refers to pavement control signals. Additionally, the FHWA is proposing revising the first STANDARD statement, markings. adding to the last OPTION statement item A, to better define where Highway- Additionally, the FHWA proposes that at locations where a highway-rail Rail Grade Crossing Advance Warning adding a second paragraph to the grade crossing is located more than 15m (W10–1) signs are not required on an OPTION statement to clarify that (50 ft) (or more that 23 m (75 ft) for a approach to a crossing from a T- dynamic envelope markings may be highway regularly used by multi-unit intersection with a parallel highway. installed at any highway-rail grade vehicles) from an intersection controlled Additionally, the FHWA proposes crossing unless a Four-Quadrant Gate by a traffic control signal, a pre-signal revising the second STANDARD system is used. may be used if an engineering study statement to clarify the proper use of the 270. In Section 8C.01 Illumination of determines a need. W10–2, W10–3, and W10–4 advance Highway-Rail Grade Crossings, the The FHWA proposes that these warning signs if the distance from the FHWA proposes changing the OPTION changes become effective immediately parallel highway to the railroad tracks is statement to a GUIDANCE statement to for new installations. The FHWA less than 30m (100 feet). indicate that illumination should be proposes a phase-in compliance period 265. The FHWA proposes adding two installed at and adjacent to a highway- of 10 years for existing installations in new sections following Section 8B.08 rail grade crossing when an engineering good condition to minimize any impact TRACKS OUT OF SERVICE Sign (R8–9). study determines such illumination is on State or local highway agencies. The first proposed new section will be needed to improve grade crossing safety. numbered and titled ‘‘Section 8B.09 271. In Section 8D.01 Introduction, Discussion of Proposed Amendments to STOP HERE WHEN FLASHING Sign the FHWA proposes revising the first Part 9—Traffic Controls for Bicycle (R8–10)’’ and will contain an OPTION OPTION statement to clarify that Facilities statement describing the use of the flashing-light signals that are post- 275. In Section 9A.03 Definitions STOP HERE WHEN FLASHING (R8–10) mounted or overhead-mounted may be Relating to Bicycles, the FHWA sign as it relates to highway-rail grade used separately or in combination with proposes adding to the first STANDARD crossings. each other and that flashing-light signals statement a definition for ‘‘Bicycle The second proposed new section may be used without automatic gate Facilities,’’ since the term is frequently will be numbered and titled ‘‘Section assemblies as determined by an used in Part 9. The remaining items 8B.10 STOP HERE ON RED Sign engineering study. would be renumbered accordingly. (R10–6)’’ and will contain SUPPORT, Additionally, the FHWA proposes 276. In Section 9B.01 Application and OPTION, and GUIDANCE statements adding to the second OPTION statement Placement of Signs, the FHWA proposes describing the use of the STOP HERE information that In-Roadway Stop Line removing the first SUPPORT statement ON RED (R10–6) sign at highway-rail Lights and In-Roadway Warning Lights as it only references Figure 9B–1. The grade crossings. The remaining sections may be installed at highway-rail grade FHWA proposes referencing Figure would be renumbered accordingly. crossings that are controlled by active 9B–1 in the first STANDARD statement, 266. In existing Section 8B.12 NO grade crossing warning systems, as since the sign installation standards SIGNAL Sign (W10–10), the FHWA discussed in Chapter 4L. shown in Figure proposes renumbering and retitling the 272. In Section 8D.02 Flashing-Light 9B–1 are discussed in this STANDARD. section as ‘‘Section 8B.14 NO SIGNAL Signals, Post-Mounted, the FHWA 277. In Section 9B.02 Design of Sign (W10–10) or NO GATES OR proposes modifying the GUIDANCE Bicycle Signs, the FHWA proposes LIGHTS sign (W10–13)’’ and adding to statement to clarify the sizes of lenses replacing the term ‘‘shared-use path’’ the OPTION statement that the NO for use in highway-rail grade crossing with the term ‘‘bicycle facilities’’ in the GATES OR LIGHTS (W10–13) sign may flashing-light signals and to provide first STANDARD statement and in the
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first SUPPORT statement because the sections would be renumbered additional information on the marking information in these statements relates accordingly. of obstructions in a path. only to bicycle facilities. Shared-use 281. In existing Section 9B.08 (new Additionally, the FHWA proposes paths are for the use of pedestrians Section 9B.09), the FHWA proposes moving to the OPTION statement the (with or without disabilities), skaters, changing the title from ‘‘No Parking second item of the OPTION statement joggers, and other non-motorized users Bicycle Lane Signs (R7–9, R7–9a)’’ to currently in Section 9C.05, because in addition to bicyclists. ‘‘No Parking BIKE LANE Signs (R7–9, letter, symbol, and arrow sizes to be Additionally, the FHWA proposes R7–9a)’’ and in the first STANDARD used on shared-use paths represent changing the title of Table 9B–1 from statement changing the name of the sign markings rather than markers. ‘‘Sign Sizes for Shared-Use Paths’’ to accordingly. Additionally, the FHWA proposes ‘‘Minimum Sign Sizes for Bicycle 282. The FHWA proposes adding a moving the contents of existing Section Facilities’’ and separating the column new section following existing Section 9C.06 in its entirety to Section 9C.03, headed ‘‘Minimum Sign Size’’ into two 9B.10 (new Section 9B.11) Shared-Used because this information is more sub columns headed ‘‘Path’’ and Path Restriction Sign (R9–7). The applicable in Section 9C.03 as it ‘‘Roadway,’’ to better distinguish proposed new section will be numbered clarifies the design and placement of between the applications of signs on and titled ‘‘Section 9B.12 Bicycle Signal marking patterns and object markers on paths and roadways and to be consistent Actuation Sign (R10–15)’’ and will shared-use paths. with sign sizes used on roadways as provide a new sign giving information 287. In Section 9C.04 Markings For described in Part 2. The FHWA also to bicyclists on how to best situate Bicycle Lanes, the FHWA proposes proposes revising Table 9B–1 by adding themselves within the proposed new revising the first sentence of the additional signs to reflect proposed Bicycle Detector pavement marking STANDARD statement to remove the changes elsewhere in Part 9. symbol so that they can actuate the specific distance of ‘‘not closer than 20 278. In Section 9B.03 STOP and traffic signal. The remaining sections m (65 ft) from the crossroad’’ from the YIELD Signs (R1–1, R1–2), the FHWA would be renumbered accordingly. requirement for placing bicycle lane proposes modifying the first GUIDANCE 283. In existing Section 9B.14 (new symbols, to provide jurisdictions with statement so that it applies to the Section 9B.16) Bicycle Surface additional flexibility. The specific installation of both STOP and YIELD Condition Warning Sign (W8–10), the distance may not be feasible in urban signs, and not exclusively to STOP FHWA proposes revising the first locations, and is not necessary for signs. This change is proposed because OPTION statement to clarify that BUMP, marking durability. YIELD signs as well as STOP signs may DIP, Pavement Ends, and any other Additionally, the FHWA proposes be appropriate for assignment of the word message signs are not adding a new item to the STANDARD right-of-way at a shared-use path/ supplemental plaques used with the statement to prohibit the placement of roadway intersection. W8–10 sign, but are instead standard bicycle lanes to the right of a right turn 279. In Section 9B.04, the FHWA signs to be used independently. only lane. A bicyclist continuing proposes changing the title from 284. In Section 9C.01 Functions of straight through an intersection from the ‘‘Bicycle Lane Signs (R3–16, R3–17)’’ to Markings, the FHWA proposes right of a right turn lane would be ‘‘Bicycle Lane Signs (R3–17, R3–17a, modifying the SUPPORT statement to inconsistent with normal traffic R3–17b).’’ remove the first sentence, since it only behavior and would violate the Additionally, the FHWA proposes refers to roadways with a designated expectation of right-turning drivers. The removing existing text in this section in bicycle lane and is not broad enough to FHWA also proposes adding a new item its entirety and replacing it with new describe markings used for all types of to the STANDARD statement to prohibit text regarding the use of Bicycle Lane bicycle facilities. the placement of bicycle lanes in the signs. This proposed modification will 285. In Section 9C.02 General circular roadway of a roundabout, replace the existing Bicycle LANE Principles, the FHWA proposes to add because such markings have been found AHEAD (R3–16), Bicycle LANE ENDS a new STANDARD statement after the to cause a false sense of security for (R3–16a), and RIGHT LANE Bicycle GUIDANCE statement. This proposed bicyclists traveling through the ONLY (R3–17) signs with a redesigned new STANDARD statement is being roundabout with conflicting and turning BIKE LANE (R3–17) sign to be used in moved from Section 9C.03 to Section traffic. This proposed change is conjunction with new supplemental 9C.02 because this text is applicable to consistent with state of the practice for AHEAD (R3–17a) and ENDS (R3–17b) all bicycle facilities, not just shared-use roundabout design and is consistent plaques. These proposed sign paths and is more appropriate in this with proposed changes to Section 3B.24. combinations will more clearly provide section than Section 9C.03. Additionally, the FHWA proposes the information contained on the old 286. In Section 9C.03 Marking adding a new paragraph to the R3–16, R3–16a, R3–17, and R3–17a Patterns and Colors on Shared-Use SUPPORT statement describing that a signs, and will reduce road user Paths, the FHWA proposes moving the bicyclist continuing straight through an confusion. STANDARD statement to Section 9C.02, intersection from the right of a right turn 280. The FHWA proposes adding a since this text is applicable to all bicycle lane would be inconsistent with normal new section following Section 9B.05 facilities, not just shared-use paths and traffic behavior and would violate the BEGIN RIGHT TURN LANE YIELD TO is more appropriate in this section than expectation of right-turning drivers. BIKES Sign (R4–4). The proposed new Section 9C.03. Additionally, at the end of this section will be numbered and titled Additionally, the FHWA proposes section, the FHWA proposes adding a ‘‘Section 9B.06 Bicycle WRONG WAY removing the first SUPPORT statement new GUIDANCE statement to establish and RIDE WITH TRAFFIC Signs (R5–1b, since it discourages the use of guidance for bicycle lane markings at R9–3c)’’ and will standardize the design centerlines. Centerlines may be useful locations where a right through lane and placement of Bicycle WRONG WAY and valuable for user guidance in many becomes an exclusive right turn lane, Signs. Wrong way travel by bicyclists is applications, and, therefore, should not and at locations where there is a shared a major cause of conflicts and collisions, be discouraged. through and right turn lane next to a and should be discouraged at Additionally, the FHWA proposes right turn only lane. This guidance is appropriate locations. The remaining adding to the GUIDANCE statement important to ensure that bicycle lanes
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are not poorly designed at such end of the section to reinforce that Transit Grade Crossings’’ to clarify the intersections. where the distance between tracks content of the section. Additionally, the FHWA proposes exceeds 30 m (100 ft), additional signs Additionally, the FHWA proposes adding a GUIDANCE statement and a or other appropriate traffic control revising the last sentence of the SUPPORT statement to provide devices should be used. STANDARD statement to clarify that guidance on not using posts or raised 293. In Section 10A.04 Highway-Light Stop Ahead (W3–1a) and Yield Ahead pavement markers to separate bicycle Rail Transit Grade Crossing Elimination, (W3–2a) Advance Warning signs shall lanes from adjacent travel lanes, since the FHWA proposes removing from the also be installed if the criteria for their they can hinder maintenance of the second GUIDANCE statement and installation given in Section 2C.26 is bicycle lane and prevent proper vehicle adding to the STANDARD statement met. merging. that if the existing traffic control devices Additionally, in the GUIDANCE 288. The FHWA proposes removing at a multiple-track highway-light rail statement the FHWA proposes adding to Section 9C.05 Word Messages and transit grade crossing become the list of characteristics to clarify when Symbols Applied to the Pavement, and improperly placed or inaccurate because STOP or YIELD signs may be used the Section 9C.06 Object Markers on Share- of the removal of some of the tracks, the at highway-light rail transit grade Used Paths, in their entirety. The FHWA existing devices shall be relocated crossings. The FHWA proposes adding proposes incorporating the information and/or modified. the following characteristics to the list: from these sections into Section 9C.03 Additionally, the FHWA proposes that the determination of what Marking Patterns and Colors on Shared- adding to the second GUIDANCE constitutes low traffic volumes and low Use Paths, as this more properly locates statement that, when a roadway is speed limits of crossing roadways the information. The remainder of the removed from a highway-light rail should be made by local agencies, that sections would be renumbered transit grade crossing, appropriate signs light rail transit speeds do not exceed 40 accordingly. should be placed at the end of roadway km/h (25 mph), that the line of sight for 289. The FHWA proposes adding a and other appropriate locations, to alert an approaching light rail transit operator new Section 9C.05 Bicycle Detector road users that the road no longer is adequate from a significant distance Symbol, containing an OPTION crosses the light rail transit tracks. such that the operator can sound an statement that defines a standard 294. In Section 10A.05 Temporary audible signal and bring the vehicle to symbol for the marking of detector Traffic Control Zones, the FHWA a stop before arriving at the crossing, locations for traffic signals actuated by proposes combining the two separate and that the light rail transit tracks are bicyclists. This symbol marking is STANDARD statements into one located such that vehicles are not likely shown in a proposed new figure STANDARD statement at the beginning to stop on the tracks while waiting to numbered and titled ‘‘Figure 9C–7 of the section for clarity. enter a cross street or highway. Example of Bicycle Detector Pavement 295. In Section 10C.01, the FHWA 298. In Section 10C.04 (new Section Marking.’’ This symbol marking, along proposes changing the title from 10C.05) DO NOT STOP ON TRACKS with the Bicycle Signal Actuation ‘‘Introduction’’ to ‘‘Purpose’’ to more Sign (R8–8), the FHWA proposes adding (R10–15) sign, will assist bicyclists at accurately reflect the contents of the to the OPTION statement to clarify that signalized intersections by clearly section. DO NOT STOP ON TRACKS (R8–8) showing the best location to achieve Additionally, the FHWA proposes signs may be placed on both sides of the detection by loops or other vehicle correcting the text in the STANDARD track, to enhance visibility of the signs detector equipment. statement to properly indicate that the for road users. 290. In Section 9D.02 Signal design and location of signs shall 299. Following existing Section Operations for Bicycles, the FHWA conform to all of Part 2. 10C.04 (new Section 10C.05) DO NOT proposes revising the STANDARD 296. The FHWA proposes adding a STOP ON TRACKS Sign (R8–8), the statement to require that signal timing new section following Section 10C.01 FHWA proposes adding a new section. and actuation be reviewed and adjusted Introduction. The proposed new section This proposed new section will be to consider the needs of bicyclists, will be numbered and titled ‘‘Section numbered and titled ‘‘Section 10C.06 instead of simply requiring the 10C.02 Highway-Light Rail Grade TRACKS OUT OF SERVICE Sign (R8– consideration of bicyclists’ needs when Crossing (Crossbuck) Signs (R15–1, 9)’’ and will describe the use of the timing signals. This greater emphasis is R15–2, R15–9)’’ and will provide TRACKS OUT OF SERVICE (R8–9) sign to ensure that the different operating information regarding the use of at highway-light rail transit grade characteristics of bicyclists are Crossbuck signs at highway-light rail crossings. While this section would be accounted for. grade crossings. While this section identical to Section 8B.08, the use of the would be identical to Section 8B.02 (as TRACKS OUT OF SERVICE (R8–9) sign Discussion of Proposed Amendments to it is proposed to be revised as described is applicable to both highway-light rail Part 10—Traffic Controls for Highway- above), the use of Crossbuck signs and transit and highway-rail grade crossings Light Rail Transit Grade Crossings the proposed optional Crossbuck Shield so the FHWA believes that it is 291. In Section 10A.01 Introduction, signs is applicable to both highway-light important to have this information in the FHWA proposes adding a SUPPORT rail transit and highway-rail grade both parts of the MUTCD. The statement at the end of the section to crossings, so the FHWA believes that it remaining sections would be reference Section 8A.01 for the is important to have this information in renumbered accordingly. definitions applicable to Part 10. both parts of the MUTCD. The 300. Following existing Section 292. In Section 10A.03 Uniform remaining sections would be 10C.05 (new Section 10C.07) STOP Provisions, the FHWA proposes adding renumbered accordingly. HERE ON RED Sign (R10–6), the FHWA to the STANDARD statement that no 297. In existing Section 10C.03 STOP proposes adding a new section. This sign or signal shall be located in the or YIELD Signs (R1–1, R1–2, W3–1a, proposed new section will be numbered center of an undivided highway except W3–2a), the FHWA proposes and titled ‘‘Section 10C.08 STOP HERE in an island with non-mountable curbs. renumbering and retitling the section as WHEN FLASHING Sign (R8–10)’’ and Additionally, the FHWA proposes ‘‘Section 10C.04 STOP (R1–1) or YIELD will describe the use of the STOP HERE adding a GUIDANCE statement at the (R1–2) Signs at Highway-Light Rail WHEN FLASHING (R8–10) sign at
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highway-light rail transit grade sections would be identical, the use of Sign (I–13 or I–13a)’’ and will describe crossings. While this section would be advance warning signs is applicable to the use of Emergency Notification (I–13 identical to proposed new Section both highway-light rail transit and or I–13a) signs at highway-light rail 8B.09, the use of the STOP HERE WHEN highway-rail grade crossings, and the transit grade crossings. While this FLASHING (R8–10) sign is applicable to FHWA believes that it is important to section would be identical to Section both highway-light rail transit and have consistency in the use of these 8B.14, the use of these signs is highway-rail grade crossings so the signs so this information is included in applicable to both highway-light rail FHWA believes that it is important to both parts of the MUTCD. transit and highway-rail grade crossings have this information in both parts of The FHWA also proposes titling the so the FHWA believes that it is the MUTCD. The remaining sections figure illustrating predominantly important to have this information in would be renumbered accordingly. warning sign panels as ‘‘Figure 10C–4 both parts of the MUTCD. The 301. In existing Section 10C.06 (new Warning Signs and Light Rail Station remaining sections would be Section 10C.09) Light Rail Transit- Sign’’ and adding to and revising the renumbered accordingly. Activated Blank-Out Turn Prohibition signs illustrated in the figure, to reflect 308. Following existing Section Signs (R3–1a, R3–2a), the FHWA changes elsewhere in Part 10. 10C.14 (new Section 10C.22) proposes adding a STANDARD 305. Following existing Section Illumination at Highway-Light Rail statement at the end of the section. This 10C.11 (new Section 10C.15) Highway- Transit Crossings, the FHWA proposes proposed STANDARD statement will be Light Rail Advance Warning Signs adding two new sections. The first identical to STANDARD statement in (W10-Series), the FHWA proposes proposed new section will be numbered Section 8B.05 and reinforces that at both adding a new section. This proposed and titled ‘‘Section 10C.23 Pavement highway-rail and highway-light rail new section will be numbered and titled Markings’’ and will describe the use of transit grade crossings turn prohibition ‘‘Section 10C.16 Low Ground Clearance pavement markings at highway-light rail signs that are associated with Highway-Light Rail Transit Grade transit grade crossings. The second preemption shall be visible only when Crossing Sign (W10–5)’’ and will proposed new section will be numbered the grade crossing restriction is in effect describe the use of the Low Ground and titled ‘‘Section 10C.24 Stop Lines’’ in order not to cause confusion to road Clearance (W10–5) sign at highway-light and will describe the use of stop lines users. rail transit grade crossings. While this at highway-light rail transit grade 302. Following existing Section section would be identical to Section crossings. While these sections would 10C.06 (new Section 10C.09) Light Rail 8B.16, the use of Low Ground Clearance be identical to Sections 8B.19 and Transit-Actuated Blank-Out Turn (W10–5) signs is applicable to both 8B.20, respectively, it is important that Prohibition Signs (R3–1a, R3–2a), the highway-light rail transit and highway- the use of pavement markings and stop FHWA proposes adding a new section. rail grade crossings so the FHWA lines at highway-light rail transit and This proposed new section will be believes that it is important to have this highway-rail grade crossings is numbered and titled ‘‘Section 10C.10 information in both parts of the consistent so the FHWA believes that it EXEMPT Highway-Light Rail Transit MUTCD. The remaining sections would is important to have this information in Grade Crossing Signs (R15–3, W10–1a)’’ be renumbered accordingly. both parts of the MUTCD. The and will describe the use of the 306. Following existing Section remaining sections would be supplemental EXEMPT Highway-Light 10C.12 (new Section 10C.17) Light Rail renumbered accordingly. Rail Transit Grade Crossing (R15–3, Transit Approaching-Activated Blank- 309. In existing Section 10C.15, the W10–1a) signs at highway-light rail Out Warning Sign (W10–7), the FHWA FHWA proposes renumbering and transit grade crossings. While this proposes adding two new sections. The retitling the section from ‘‘Dynamic section would be identical to Section first proposed new section will be Envelope Delineation Markings’’ to 8B.04, the use of these supplemental numbered and titled ‘‘Section 10C.18, ‘‘Section 10C.25 Dynamic Envelope signs is applicable to both highway-light Storage Space Signs (W10–11, W10–11a, Markings’’ to clarify that the text refers rail transit and highway-rail grade W10–11b)’’ and will describe the use of to pavement markings. crossings, so the FHWA believes that it Storage Space (W10–11) signs at Additionally, the FHWA proposes is important to have this information in highway-light rail transit grade modifying the STANDARD statement to both parts of the MUTCD. The crossings. The second proposed new clarify that, if used, the pavement remaining sections would be section will be numbered and titled marking used to delineate the dynamic renumbered accordingly. ‘‘Section 10C.19 Skewed Crossing Sign envelope shall be a normal solid white 303. In existing Section 10C.09 (new (W10–12)’’ and will describe the use of line, contrasting pavement color, and/or Section 10C.13) Light Rail Transit Only Skewed Crossing (W10–12) signs at contrasting pavement texture. This Lane Signs (R15–4 Series), the FHWA highway-light rail transit grade STANDARD would be identical to that proposes titling the figure illustrating crossings. While these sections would in Section 8B.21. regulatory sign panels as ‘‘Figure 10C– be identical to proposed Sections 8B.17 310. At the end of Chapter 10C, the 3 Regulatory Signs’’ and adding to and and 8B.18, respectively, these signs are FHWA proposes adding two new revising the signs illustrated in the applicable to both highway-light rail figures. The first proposed new figure figure, to be consistent with Section transit and highway-rail grade crossings will be numbered and titled ‘‘Figure 2B.48 Preferential Lane Signs, and to so the FHWA believes that it is 10C–10 Example of Placement of reflect changes elsewhere in Part 10. important to have this information in Warning Signs and Pavement Markings 304. In existing Section 10C.11 (new both parts of the MUTCD. The at Highway-Light Rail Transit Grade Section 10C.15) Highway-Light Rail remaining sections would be Crossings’’ and will illustrate the Advance Warning Signs (W10 Series), renumbered accordingly. placement of warning signs and the FHWA proposes revising the entire 307. Following existing Section pavement markings at highway-light rail section by replacing it with the 10C.13 (new Section 10C.20) Light Rail transit grade crossings. The second STANDARD, OPTION, and GUIDANCE Station Sign (I–12), the FHWA proposes proposed new figure will be numbered statements contained in Section 8B.03, adding a new section. This proposed and titled ‘‘Figure 10C–11 Examples of including the proposed revisions as new section will be numbered and titled Highway-Light Rail Transit Grade described above in Part 8. While these ‘‘Section 10C.21 Emergency Notification Crossing Pavement Markings’’ and will
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illustrate the use of R X R and FHWA proposes changing the first motoring public. Therefore, a full associated pavement markings at OPTION statement to a GUIDANCE regulatory evaluation is not required. highway-light rail transit grade statement to emphasize that if an Regulatory Flexibility Act crossings. While these figures would be engineering study shows that flashing- identical to Figures 8B–7 and 8B–8, light signals alone would not provide In compliance with the Regulatory respectively, it is important that the sufficient notice of an approaching light Flexibility Act (5 U.S.C. 601–612), the warning signs and pavement markings rail transit vehicle, the LOOK (R15–8) FHWA has evaluated the effects of this at highway-light rail transit and sign and/or pedestrian gates should be notice of proposed amendments on highway-rail grade crossings is considered. small entities. This notice of proposed consistent so the FHWA believes that it amendments revising standards, is important to have this information in Discussion of Proposed Amendments to guidance, optional applications, and both parts of the MUTCD. Appendix A1—Congressional support material wording will improve 311. In Section 10D.01 Introduction, Legislation the design and installation of traffic the FHWA proposes removing the 316. In Appendix A1 Congressional control devices. The proposed changes STANDARD statement since the Legislation, the FHWA proposes to add are intended to improve traffic information is already properly to the listing of pertinent sections of operations and safety, expand guidance, contained in Section 10A.01. Public Law 104–59—Nov. 28, 1995 and clarify the application of traffic Additionally, the FHWA proposes (National Highway System Designation control devices. The FHWA hereby adding to the OPTION statement that In- Act of 1995) Section 306. Motorist Call certifies that these revisions would not Roadway Stop Line Lights and In- Boxes. This section discusses the uses of have a significant economic impact on Roadway Warning Lights may be motorist call boxes along the National a substantial number of small entities. installed at highway-light rail transit Highway System. grade crossings that are controlled by Unfunded Mandates Reform Act of active grade crossing warning systems, Rulemaking Analysis and Notices 1995 as discussed in Chapter 4L. This notice of proposed amendments All comments received before the 312. In existing Section 10D.02 Four- would not impose unfunded mandates close of business on the comment Quadrant Gate Systems, the FHWA as defined by the Unfunded Mandates closing date indicated above will be proposes moving this entire section to Reform Act of 1995 (Pub. L. 104–4, 109 considered and will be available for follow Section 10D.03 and renumbering Stat. 48, March 22, 1995). This proposed examination in the docket at the above it Section 10D.04. This reordering is action will not result in the expenditure address. Comments received after the proposed so that content contained in by State, local, and tribal governments, comment closing date will be filed in these sections would appear in the same in the aggregate, or by the private sector, the docket and will be considered to the order as it appears in Part 8. of $100 million or more in any one year extent practicable, but the FHWA may Additionally, the FHWA proposes (2 U.S.C. 1531 et seq.). revising the STANDARD statement to issue a final rule at any time after the clarify that the exit lane gate arms shall close of the comment period. In Executive Order 13132 (Federalism) be designed to fail-safe in the up addition to late comments, the FHWA This notice of proposed amendments position except as noted in the OPTION will also continue to file in the docket has been analyzed in accordance with statement, for consistency with Section relevant information that becomes the principles and criteria contained in 8D.05. available after the comment closing Executive Order 13132 dated August 4, Additionally, the FHWA proposes date, and interested persons should 1999, and the FHWA has determined adding to the GUIDANCE statement to continue to examine the docket for new that this proposed action does not have make it identical to the GUIDANCE material. a substantial direct effect or sufficient statement in Section 8D.05, to provide Executive Order 12866 (Regulatory federalism implications on States and information that describes the various Planning and Review) and DOT local governments that would limit the operating modes of exit lane gates and Regulatory Policies and Procedures policymaking discretion of the States how they should be used at both and local governments. Nothing in this highway-rail and highway-light rail The FHWA has determined document directly preempts any State transit grade crossings. preliminarily that this notice of law or regulation. The MUTCD is 313. In Section 10D.03 Automatic proposed amendments will not be a incorporated by reference in 23 CFR Gates, the FHWA proposes changing the significant regulatory action within the part 655, subpart F, which requires that last SUPPORT statement to an OPTION meaning of Executive Order 12866 or changes to the national standards issued statement to be consistent with the same significant within the meaning of by the FHWA shall be adopted by the language contained in Section 8D.04 on Department of Transportation regulatory States or other Federal agencies within how the effectiveness of gates may be policies and procedures. It is two years of issuance. The proposed enhanced by the use of channelizing anticipated that the economic impact of amendment is in keeping with the devices or raised median islands to this rulemaking will be minimal. The Secretary of Transportation’s authority discourage driving around lowered proposed standards and other changes under 23 U.S.C. 109(d), 315, and 402(a) automatic gates. in this notice are intended to improve to promulgate uniform guidelines to 314. In existing Section 10D.04 traffic operations and safety, and to promote the safe and efficient use of Flashing Light Signals, the FHWA provide additional guidance, optional highways. proposes moving this entire section to applications, and support clarification follow Section 10D.01 and renumbering for traffic control devices. The FHWA Executive Order 13175 (Tribal it Section 10D.02. This reordering is expects that these proposed standards, Consultation) proposed so that content contained in guidance, optional applications, and The FHWA has analyzed this these sections would appear in the same support material will create roadway proposed action under Executive Order order as it appears in Part 8. uniformity, and enhance the safety and 13175, dated November 6, 2000, and 315. In Section 10D.08 Pedestrian and mobility of the public at little additional believes that it would not have Bicycle Signals and Crossings, the expense to public agencies or the substantial direct effects on one or more
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Indian tribes; will not impose Executive Order 12988 (Civil Justice it is not a significant regulatory action substantial direct compliance costs on Reform) under Executive Order 12866 and is not likely to have a significant adverse effect Indian tribal governments; and will not This proposed action meets on the supply, distribution, or use of preempt tribal law. While the proposed applicable standards in Sections 3(a) energy. Therefore, a Statement of Energy changes in this notice of proposed and 3(b)(2) of Executive Order 12988, Effects under Executive Order 13211 is amendments revise standards, guidance, Civil Justice Reform, to minimize not required. optional applications, and support litigation, to eliminate ambiguity, and to material, they will create roadway reduce burden. National Environmental Policy Act uniformity, and enhance the safety and mobility of the public at little additional Executive Order 13045 (Protection of The agency has analyzed this proposed action for the purpose of the expense to public agencies. Therefore, a Children) National Environmental Policy Act of tribal summary impact statement is not The FHWA has analyzed this 1969 (42 U.S.C. 4321 et seq.) and has proposed action under Executive Order required. determined that it would not have any 13045, Protection of Children from effect on the quality of the environment. Executive Order 12372 Environmental Health Risks and Safety (Intergovernmental Review) Risks. This is not an economically Regulation Identification Number Catalog of Federal Domestic significant proposed action and does not A regulation identification number Assistance Program Number 20.205, concern an environmental risk to health (RIN) is assigned to each regulatory or safety that may disproportionately Highway Planning and Construction. action listed in the Unified Agenda of affect children. The regulations implementing Executive Federal Regulations. The Regulatory Order 12372 regarding Executive Order 12630 (Taking of Information Service Center publishes intergovernmental consultation on Private Property) the Unified Agenda in April and October of each year. The RIN contained Federal programs and activities apply to This proposed action would not effect this program. in the heading of this document can be a taking of private property or otherwise used to cross reference this proposed Paperwork Reduction Act have taking implications under action with the Unified Agenda. Executive Order 12630, Governmental Under the Paperwork Reduction Act Actions and Interference with List of Subjects in 23 CFR Part 655 of 1995 (PRA) (44 U.S.C. 3501, et seq.), Constitutionally Protected Property Design standards, Grant programs— Federal agencies must obtain approval Rights. Transportation, Highways and roads, from the Office of Management and Executive Order 13211 (Energy Effects) Incorporation by reference, Signs, Budget (OMB) for each collection of Traffic regulations. information they conduct, sponsor, or The FHWA has analyzed this Issued on: May 10, 2002. require through regulations. The FHWA proposed action under Executive Order Mary E. Peters, has determined that this proposed 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Administrator, Federal Highway action does not contain a collection of Administration. information requirement for purposes of Distribution, or Use. It has been determined that it is not a significant [FR Doc. 02–12269 Filed 5–20–02; 8:45 am] the PRA. energy action under that order because BILLING CODE 4910–22–P
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Part III
Department of Education Office of Educational Research and Improvement; Fund for the Improvement of Education (FIE) Program—Partnerships in Character Education; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2002; Notice
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DEPARTMENT OF EDUCATION Electronic Submission of Applications’’ fostering the elements of character later on in this notice. You must use the selected by the recipient. [CFDA No. 84.215V—State Educational Entities receiving grants may also Agencies; CFDA No. 84.215S—Local ‘‘e-APPLICATION’’ process described in Educational Agencies] these instructions to submit an contract with the same types of outside application electronically. sources, for assistance in: (1) Developing Office of Educational Research and Deadline for Transmittal of secular curricula, materials, teacher Improvement; Fund for the Applications: July 11, 2002. training, and other activities related to Improvement of Education (FIE) Deadline for Intergovernmental character education; and (2) integrating Program—Partnerships in Character Review: September 9, 2002. secular character education into the Education; Notice Inviting Applications Estimated Available Funds: curricula and teaching methods of for New Awards for Fiscal Year (FY) $16,000,000. schools where the program is carried 2002 Estimated Range of Awards: out. $100,000—$500,000 per year. An SEA receiving a grant may use no Purpose of Program: The purpose of Estimated Average Size of Awards: more than 3 percent of the grant funds, this program is to provide grants to The size of an award will be each year, for administrative purposes. eligible entities to assist them in commensurate with the scope of the The remainder may be used for: (1) designing and implementing character activities to be carried out. Collaborative initiatives with and education programs that teach students Minimum Award: We will reject any between LEAs and schools; (2) the any of the following elements of application from an SEA that proposes preparation or purchase of materials, character: caring, civic virtue and a total budget for the entire project and teacher training; (3) providing citizenship, justice and fairness, respect, period that is less than $500,000. There assistance to LEAs, schools, or responsibility, trustworthiness, giving, is no such restriction on applications institutions of higher education; and (4) or any other elements deemed from LEAs. technical assistance and evaluation. appropriate by the eligible entity, Estimated Number of Awards: 40 to Each application for a grant under this having taken into consideration the 45. program must include information that: views of parents and students. The (1) Demonstrates that the program for Note: The Department is not bound by any which the grant is sought has clear character education programs supported estimates in this notice. must be programs that can be integrated objectives that are based on into classroom instruction, are Project Period: Up to 48 months, of scientifically based research; (2) consistent with State academic content which no more than 12 months may be describes any partnerships or standards, and can be carried out in used for planning and program design. collaborative efforts among the conjunction with other educational Budget Period: 12 months. organizations and entities comprising reform efforts. Page Limit: The application narrative the eligible entity; (3) describes the Eligible Applicants: An eligible (Part III of the application) is where you, activities that will be carried out with applicant under the 84.215V the applicant, address the selection the grant funds and how such activities competition is: criteria that reviewers use to evaluate will meet the project objectives, (a) A State educational agency (SEA) your application. It is strongly suggested including: (a) How parents, students, in partnership with one or more local that you limit Part III to the equivalent students with disabilities (including educational agencies (LEAs); or of no more than 25 pages using the those with mental or physical (b) An SEA in partnership with one or following standards: disabilities), and other members of the • ″ × ″ more (LEAs) and nonprofit A page is 8.5 11, on one side community, including members of ″ organizations or entities, including an only, with 1 margins at the top, bottom private and nonprofit organizations, will institution of higher education. and both sides. be involved in the design and • An eligible applicant under the Double space (no more than three implementation of the program and how 84.215S competition is: lines per vertical inch) all text in the the eligible entity will work with the (a) An LEA or consortium of LEAs; or application narrative. larger community to increase the reach (b) An LEA or LEAs in partnership • Use a font that is either 12 point or and promise of the program; (b) with one or more nonprofit larger or not smaller than 10 pitch curriculum and instructional practices organizations or entities, including an (characters per inch). that will be used or developed; and (c) institution of higher education. Applicable Regulations: (a) The methods of teacher training and parent In making selections for funding, the Education Department General education that will be used or Secretary will ensure, to the extent Administrative Regulations (EDGAR) in developed; (4) describes how the practicable, that the projects are 34 CFR parts 74, 75, 77, 80, 81, 82, 85, program for which the grant is sought equitably distributed among the 86, 97, 98 and 99. will be linked to other efforts to improve geographic regions of the United States, SUPPLEMENTARY INFORMATION: academic achievement, including: (a) and among urban, suburban and rural Broader educational reforms that are Background areas. being instituted by the eligible entity or Applications Available: May 23, 2002. Eligible entities awarded grants under its partners; and (b) State academic The application package for this this program may contract with outside content standards; and (5) describes competition is available on line at: sources, including institutions of higher how the eligible entity will evaluate the http://ed.gov/GrantApps/. At this site, education and private and nonprofit success of its program based on the you may download and print a paper organizations, for the purposes of: (1) project objectives. copy of the application package. Using Evaluating the program for which the In addition, any application from an these paper forms, you may submit a assistance is made available; (2) SEA must also include information that paper copy of your application to the measuring the integration of such describes how the SEA: (1) Will provide Department. program into the curriculum and technical and professional assistance to If you want to submit an application teaching methods of schools where the its LEA partners in the development and electronically, please refer to the program is carried out; and (3) implementation of character education instructions, ‘‘Pilot Project for measuring the success of the program in programs; and (2) will assist other
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interested LEAs that are not members of Competitive Preference Priority programs included in the pilot project. the original partnership in designing The project is designed to determine If you are an applicant under either the and establishing character education whether the character education SEA competition or the LEA programs. program implemented produces competition for the FIE: Partnerships in Each eligible entity receiving a grant meaningful effects on students. In order Character Education Program, you may must provide, to the extent feasible and to do this, the project preferably submit your application to the appropriate, for the participation in the employs an experimental design with Department in either electronic or paper funded programs and activities of random assignment. If random format. The pilot project involves the use of students and teachers in private assignment is not feasible, the project the Electronic Grant Application System elementary and secondary schools. may employ a quasi-experimental (e-APPLICATION, formerly e-GAPS) Factors that may be considered in design with carefully matched portion of the Grant Administration and evaluating the success of programs comparison conditions. For Payment System (GAPS). The funded include the following: experimental designs, random Department requests your participation Discipline issues, student academic assignment to the character education in this pilot project. We shall continue achievement, participation in program being evaluated versus one or to evaluate its success and solicit extracurricular activities, parental and more comparison conditions may occur suggestions for improvement. community involvement, faculty and at the level of students, or classrooms, administration involvement, student If you participate in this e- or schools. Alternatively, in a quasi- APPLICATION pilot, please note the and staff morale, and overall experimental design, schools or improvements in school climate for all following: students or classrooms that are receiving • Your participation is voluntary but students, including students with the character education program are disabilities. strongly encouraged. matched with comparable schools or • You will not receive any additional Selection Criteria: In selecting eligible students or classrooms that are not entities to receive grants, the Secretary point value or penalty because you receiving a character education submit a grant application in electronic will use a peer review process that program. Data from reliable and valid includes the participation of experts in or paper format. measures of the elements of character • On the deadline date, the deadline the field of character education and that the character education program time for transmitting applications is development. Peer reviewers will use intends to teach and any other 4:30 p.m. Washington, DC Time. the criteria listed below in evaluating characteristics of school climate that the • If you wait until the deadline date applications. The criteria will receive program intends to influence should be to submit your application the points indicated. collected before and after participation electronically and you are unable to (1) The extent to which project in the character education program or access the e-Application system, you objectives are significant, clearly the comparison condition. must contact the Help Desk by 4:30 p.m. identified, measurable, and likely to be Waiver of Proposed Rulemaking Washington DC time on the deadline achieved. (20 points) date. (2) The extent to which the applicant Under the Administrative Procedure • Keep in mind that e-Application is utilizes scientifically based research to Act (5 U.S.C. 553) the Department not operational 24 hours a day every select character education program generally offers interested parties the day of the week. Click on Hours of Web components that are likely to foster opportunity to comment on selection Site Operation for specific hours of character in students and achieve criteria, competitive preference priority, access during the week. project objectives. (20 points) and special application requirements. • You will have access to the e- (3) The extent to which the character Section 437(d)(1) of the General Application Help Desk for technical education program activities are Education Provisions Act, however, support: 1–888–336–8930 (TTY: 1–866– integrated into teacher professional exempts from this requirement rules 697–2696, local 202–401–8363). The development, curricula, materials, and that apply to the first competition under Help Desk hours of operation are classroom instruction. (20 points) a new or substantially revised program limited to: 8 a.m.–6 p.m. Washington, (4) The extent and ongoing nature of authority. This is the first competition DC time Monday–Friday. the involvement of students, parents, under the Fund for the Improvement of • If you submit your application and community, such as faith-based Education: Character Education electronically by the transmittal date but organizations, in the design, Program, which was substantially also wish to submit a paper copy of your implementation, and evaluation of the revised by the No Child Left Behind Act application, then you must mail the project. (20 points) of 2001. These selection criteria, paper copy of the application on or (5) The extent to which the factors to competitive preference priority, and before the deadline date to: U.S. be considered in evaluating the success application requirements will apply to Department of Education, Application of the project will be clearly identified the FY 2002 grant competition only. Control Center, Attention: CFDA # and the quality of the plan for 84.305G, 7th and D Streets, SW., Room Pilot Project for Electronic Submission evaluating the project. (20 points) 3671, Regional Office Building 3, of Applications Priority Washington, DC 20202–4725. In FY 2002, the U.S. Department of • You can submit all documents This competition focuses on projects Education is continuing to expand its electronically, including the designed to meet the following priority. pilot project of electronic submission of Application for Federal Assistance (ED Under 34 CFR 75.105(c)(2)(i), applications to include additional 424), Budget Information—Non- applications will receive up to 20 formula grant programs and additional Construction Programs (ED 524), and all additional points depending on how discretionary grant competitions. The necessary assurances and certifications. well they meet the priority. These Fund for the Improvement of Education • Within three working days of points are in addition to any points the (FIE): Partnerships in Character submitting your electronic application application earns under the selection Education Program (84.215V for SEAs fax a signed copy of the Application for criteria. and 84.215S for LEAs) is one of the Federal Assistance (ED 424) to the
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Application Control Center after Applications) in the application Electronic Access to This Document following these steps: package. You may view this document, as well 1. Print ED 424 from the e- as all other Department of Education APPLICATION system. FOR APPLICATIONS AND FURTHER INFORMATION CONTACT: Beverly A. Farrar, documents published in the Federal 2. Make sure that the institution’s Register, in text or Adobe Portable Authorizing Representative signs this U.S. Department of Education, 555 New Jersey Avenue, NW., room 502J, Document Format (PDF) on the Internet form. at the following site: www.ed.gov/ Washington, DC 20208–5645. FAX: 3. Before faxing this form, submit legislation/FedRegister. (202) 219–2053 or via the Internet: your electronic application via the e- To use PDF you must have Adobe [email protected]. If you use a APPLICATION system. You will receive Acrobat Reader, which is available free an automatic acknowledgement, which telecommunications device for the deaf at this site. If you have questions about will include a PR/Award number (an (TDD), you may call the Federal using PDF, call the U.S. Government identifying number unique to your Information Relay Service (FIRS) at 1– Printing Office (GPO) toll free, at 1–888– application). 800–877–8339. 293–6498; or in the Washington, DC, 4. Place the PR/Award number in the Individuals with disabilities may area at (202) 512–1530. upper right hand corner of ED 424. obtain this document in an alternative Note: The official version of this document 5. Fax ED 424 to the Application format, e.g., Braille, large print, is the document published in the Federal Control Center at (202) 260–1349. audiotape, or computer diskette) on Register. Free Internet access to the official • We may request that you give us request to the program contact person edition of the Federal Register and the Code original signatures on all other forms at listed under FOR APPLICATIONS AND of Federal Regulations is available on GPO Access at: http://www.access/gpo.gov/nara/ a later date. FURTHER INFORMATION CONTACT. You may access the electronic grant index.html. application for the FIE: Partnerships in Individuals with disabilities also may Program Authority: 20 U.S.C. 7247. Character Education Program: 84.215V obtain a copy of the application package for SEAs or 84.215S for LEAs at: in an alternative format by contacting Dated: May 16, 2002. http://e-grants.ed.gov. that person. However, the Department is Grover J. Whitehurst, We have included additional not able to reproduce in an alternative Assistant Secretary for Educational Research information about the e-APPLICATION format the standard forms included in and Improvement. pilot project (see Parity Guidelines the application package. [FR Doc. 02–12693 Filed 5–20–02; 8:45 am] between Paper and Electronic BILLING CODE 4000–01–P
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Reader Aids Federal Register Vol. 67, No. 98 Tuesday, May 21, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 523–5227 the revision date of each title. 8 CFR 3 CFR Presidential Documents Proposed Rules: Executive orders and proclamations 523–5227 Proclamations: 3...... 31157 The United States Government Manual 523–5227 5437 (See Proc. 103...... 34862 7553) ...... 30535 214...... 34862 Other Services 6962 (See Proc. 236...... 31157 Electronic and on-line services (voice) 523–3447 7554) ...... 30537 240...... 31157 Privacy Act Compilation 523–3187 7547...... 21559 241...... 31157 Public Laws Update Service (numbers, dates, etc.) 523–6641 7548...... 30307 286...... 34414 TTY for the deaf-and-hard-of-hearing 523–5229 7549...... 30309 7550...... 30311 9 CFR 7551...... 30313 ELECTRONIC RESEARCH 94...... 31935, 34590 7552...... 30533 World Wide Web 7553...... 30535 Proposed Rules: 7554...... 30537 53...... 21934 Full text of the daily Federal Register, CFR and other publications 71...... 31987 is located at: http://www.access.gpo.gov/nara 7555...... 31105 7556...... 31107 93...... 31987 Federal Register information and research tools, including Public 7557...... 34583 94...... 31987 Inspection List, indexes, and links to GPO Access are located at: 7558...... 34585 98...... 31987 http://www.nara.gov/fedreg 7559...... 34587 112...... 34630 113...... 34630 E-mail 7560...... 34815 7561...... 35705 130...... 31987 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 7562...... 35707 10 CFR an open e-mail service that provides subscribers with a digital Executive orders: 15...... 30315 form of the Federal Register Table of Contents. The digital form 12958 (See Order of 72...... 31938 of the Federal Register Table of Contents includes HTML and May 6, 2002)...... 31109 430...... 21566 PDF links to the full text of each document. 13263...... 22337 To join or leave, go to http://listserv.access.gpo.gov and select Administrative orders: 11 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Notices: Proposed Rules: (or change settings); then follow the instructions. Notice of May 16, 100...... 35654 2002 ...... 35423 PENS (Public Law Electronic Notification Service) is an e-mail 102...... 35654 Presidential service that notifies subscribers of recently enacted laws. 104...... 35654 Determinations: 106...... 35654 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html No. 2002–17 of April 108...... 35654 and select Join or leave the list (or change settings); then follow 24, 2002 ...... 31711 110...... 31164, 35654 the instructions. No. 2002–18 of April 114...... 35654 27, 2002 ...... 31713 FEDREGTOC-L and PENS are mailing lists only. We cannot 300...... 35654 May 6, 2002...... 31109 respond to specific inquiries. 9034...... 35654 Reference questions. Send questions and comments about the 5 CFR Federal Register system to: [email protected] 12 CFR The Federal Register staff cannot interpret specific documents or Ch. VII...... 30769 3...... 35991 regulations. 591...... 22339 7...... 35992 2608...... 35709 203...... 30771 2634...... 22348 FEDERAL REGISTER PAGES AND DATE, MAY 208...... 35991 Proposed Rules 225...... 35991 21559–21974...... 1 1605...... 35051 325...... 35991 21975–22336...... 2 1620...... 35051 360...... 34385 22337–30306...... 3 1651...... 35051 366...... 34591 30307–30532...... 6 1655...... 35051 516...... 31722 30533–30768...... 7 567...... 31722, 35991 30769–31104...... 8 7 CFR 609...... 30772 31105–31710...... 9 301 ...... 21561, 30769, 31935, 611...... 31938 31711–31934...... 10 34589, 34817 614...... 31938 31935–32816...... 13 915...... 31715 620...... 30772 34383–34584...... 14 989...... 34383 790...... 30772 34585–34816...... 15 993...... 31717 792...... 30772 34817–34990...... 16 Ch. XIII...... 30769 908...... 34990 34991–35424...... 17 Proposed Rules: 966...... 35713 35425–35704...... 20 318...... 34626 35705–35890...... 21 929...... 21854 13 CFR 930...... 31896 Proposed Rules: 1427...... 31151 107...... 35055
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108...... 35449 284...... 35062 26...... 30796 1222...... 31961 121...... 30820 358...... 35062 27...... 30796 1228...... 31961 44...... 30799 1230...... 31692, 34574 14 CFR 19 CFR 70...... 30796 Proposed Rules: 13...... 31402 24...... 31948 251...... 30796 Ch. I ...... 30338 23...... 21975 122...... 35722 7...... 30339 25...... 35715 28 CFR 37 CFR 39 ...... 21567, 21569, 21572, 20 CFR Proposed Rules: 21803, 21975, 21976, 21979, 404...... 35723 16...... 31166 Proposed Rules: 21981, 21983, 21985, 21987, Proposed Rules: 1...... 30634 21988, 22349, 30541, 30774, 416...... 22021 29 CFR 2...... 30634, 35081 31111, 31113, 31115, 31117, 655...... 30466 1614...... 35732 38 CFR 31939, 31943, 31945, 34598, 656...... 30466 4022...... 34610 34818, 34820, 34823, 34826, 4044...... 34610 17...... 21998, 35037 35425, 35847 21 CFR 21...... 34404 61...... 30524 1...... 34387 30 CFR Proposed Rules: 63...... 30524 20...... 35724 250...... 35398 1...... 34884 65...... 30524 58...... 35724 256...... 35398 39 CFR 71 ...... 21575, 21990, 30775, 73...... 35429 Ch. VI...... 30803 30776, 30777, 30778, 30779, 101...... 30795 904...... 35025 111...... 30571 30780, 30781, 30782, 30783, 170...... 35724 913...... 35029 Proposed Rules: 31728, 31946, 31947, 34990, 171...... 35724 917...... 30549 265...... 31167 35426 174...... 35724 948...... 21904 501...... 22025, 31168 91...... 31932 179...... 35724 Proposed Rules: 3001...... 35766 95...... 30784 310...... 31123, 31125 250...... 35072 40 CFR 97 ...... 21990, 21992, 34828 520...... 21996 773...... 35070 121...... 31932 522...... 34387 780...... 35070 9...... 22353 139...... 31932 558 ...... 21996, 30326, 30545, 784...... 35070 51...... 21868 300...... 30324 34829 800...... 35070 52 ...... 21868, 22168, 30574, 30589, 30591, 30594, 31143, 1240...... 31119 Proposed Rules: 913...... 35073 31733, 31963, 34405, 34614, 1260...... 30544 170...... 35764 935...... 35076 35434, 35437, 35439, 35442 Proposed Rules: 314...... 22367 944...... 35077 62...... 22354, 35442 25 ...... 22363, 30820, 34414 358...... 31739 948...... 30336 63...... 21579 33...... 22019 601...... 22367 70...... 31966, 34884 39 ...... 31737, 31992, 34633, 872...... 34415 31 CFR 81...... 31143 34635, 34637, 34639, 34641, 1...... 34401, 34402 96...... 21868 34880, 35057, 35059, 35456, 22 CFR 205...... 31880 97...... 21868 35459, 35461, 35464, 35763 22...... 34831 124...... 30811 71 ...... 22020, 22366, 31994, 41...... 30546 32 CFR 140...... 35735 91...... 31920 51...... 34831 286...... 31127 180...... 34616, 35045 121...... 22020, 22363 701...... 30553 Proposed Rules: 228...... 30597 125...... 22020 203...... 30631 706...... 30803, 30804 135...... 22020 232...... 31129 187...... 30334 23 CFR 33 CFR 261...... 30811 271...... 30599 110...... 34838 15 CFR Proposed Rules: 1603...... 35445 117...... 21997, 31727 655...... 35850 Proposed Rules: 774...... 35428 165 ...... 21576, 22350, 30554, 51...... 30418 25 CFR 30556, 30557, 30805, 30807, 16 CFR 52 ...... 21607, 22242, 30637, 30809, 31128, 31730, 31955, 900...... 34602 30638, 30640, 31168, 31752, 305...... 35006 31958, 34612, 34838, 34840, 31998, 34422, 34647, 35467, Proposed Rules: 26 CFR 34842, 35035 35468, 35470 1500...... 31165 175...... 34756 1 ...... 30547, 31955, 34388, 62...... 22376, 35470 177...... 34756 34603, 35009, 35731 63 ...... 21612, 30848, 34548 17 CFR 179...... 34756 5c ...... 35009 70...... 34886 181...... 34756 30...... 30785 5f...... 35009 81...... 31168 183...... 34756 200...... 30326 18...... 35009 89...... 21613 270...... 31076 54...... 35731 Proposed Rules 90...... 21613 274...... 31076 602 ...... 34388, 34603, 35009, 165...... 35079 91...... 21613 Proposed Rules: 35731 323...... 31129 94...... 21613 228...... 35620 Proposed Rules: Proposed Rules: 194...... 35471 229...... 35620 1 ...... 30634, 30826, 31995, 100...... 22023 271...... 30640 240...... 30628 35064, 35765 117...... 31745 300...... 34886 249...... 35620 31...... 30634 155...... 31868 438...... 35774 270...... 31081 48...... 34882 165 ...... 30846, 31747, 31750, 1048...... 21613 54...... 35765 34420, 34645 18 CFR 1051...... 21613 1065...... 21613 27 CFR 34 CFR 2...... 31044 1068...... 21613 35...... 31044 4...... 30796 Proposed Rules: 284...... 30788 5...... 30796 106...... 31098 41 CFR 388...... 21994 7...... 30796 200...... 30452, 30461 Proposed Rules: Proposed Rules: 19...... 30796 102...... 34890 35...... 22250 20...... 30796 36 CFR 173...... 34890 37...... 35062 22...... 30796 242...... 30559 161...... 35062 24...... 30796 219...... 35431 42 CFR 250...... 35062 25...... 30796 1220...... 31961 36...... 35334
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36a...... 35334 10...... 34756 61...... 34665 50 CFR 81...... 22296 15...... 34756 69...... 34665 100...... 30559 82...... 22314 24...... 34756 73 ...... 21618, 22027, 30863, 222...... 21585, 34622 136...... 35334 25...... 34756 31169, 31170, 31171, 31753, 136a...... 35334 26...... 34756 34669, 34670 223...... 21585, 34622 137...... 35334 30...... 34756 74...... 35083 224...... 21586 1001...... 21579 70...... 34756 76...... 30863 300...... 30604 Proposed Rules: 90...... 34756 80...... 35086 600...... 30604 405...... 31404 114...... 34756 97...... 22376 622...... 21598, 22359 412...... 31404 169...... 34756 48 CFR 648...... 30331, 30614 413...... 31404 175...... 34756 660 ...... 30604, 30616, 34408 414...... 21617 188...... 34756 Ch. 18 ...... 30602 679 ...... 21600, 22008, 34860, 199...... 34756 482...... 31404 Proposed Rules: 35448 485...... 31404 31...... 34810 47 CFR 489...... 31404 208...... 32002 Proposed Rules: 1...... 34848 210...... 32002 17 ...... 30641, 30642, 30643, 43 CFR 15...... 34852 30644, 30645, 32003, 34422, 1820...... 30328 22...... 21999 49 CFR 34520, 34893 24...... 21999 Ch. I ...... 31975 20...... 31754 44 CFR 63...... 21803 214...... 30819 222...... 31172 64...... 30329 64...... 21999 385...... 31978 223...... 31172 65 ...... 35743, 35745, 35749, 73 ...... 21580, 21581, 21582, 1511...... 21582 228...... 30646 30818, 34620, 34621, 34622 35752 Proposed Rules: 600...... 21618 67 ...... 35758, 35756, 35758 90...... 34848 107...... 22028 622...... 31173 Proposed Rules: Proposed Rules: 171...... 22028 635...... 22165 67 ...... 30345, 35775, 35781, 1...... 34651 172...... 22028 35784 5...... 22376 175...... 32002 648...... 22035 21...... 35083 177...... 22028 660...... 30346 46 CFR 25...... 22376 571...... 21806 679...... 34424, 34624 2...... 34756 54...... 34653 572...... 22381
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REMINDERS Northeast multispecies; ENVIRONMENTAL comments due by 5-28- The items in this list were comments due by 5-29- PROTECTION AGENCY 02; published 4-25-02 [FR editorially compiled as an aid 02; published 4-29-02 Air quality implementation 02-10106] to Federal Register users. [FR 02-10488] plans; approval and Prohibited and excessive Inclusion or exclusion from COMMERCE DEPARTMENT promulgation; various contributions; non-Federal this list has no legal National Oceanic and States: funds or soft money; significance. Atmospheric Administration California; comments due by comments due by 5-29-02; 5-28-02; published 4-25- published 5-20-02 [FR 02- Fishery conservation and 12177] management: 02 [FR 02-10171] RULES GOING INTO HEALTH AND HUMAN West Coast States and ENVIRONMENTAL EFFECT MAY 21, 2002 SERVICES DEPARTMENT Western Pacific PROTECTION AGENCY Centers for Medicare & Fisheries— Air quality implementation ENVIRONMENTAL Medicaid Services Pacific Fishery plans; approval and PROTECTION AGENCY Medicare and medicaid Management Council; promulgation; various programs: Air pollutants, hazardous; environmental impact States: national emission standards: Paid feeding assistance in statement; comments California; comments due by Pesticide active ingredient due by 5-31-02; long term care facilities; 5-31-02; published 4-1-02 requirements; comments production; published 3- published 4-16-02 [FR [FR 02-07633] 22-02 02-09203] due by 5-28-02; published ENVIRONMENTAL 3-29-02 [FR 02-07344] HEALTH AND HUMAN Marine mammals: PROTECTION AGENCY SERVICES DEPARTMENT INTERIOR DEPARTMENT Commercial fishing Air quality implementation Centers for Medicare & Indian Affairs Bureau authorizations— plans; approval and Medicaid Services Human services: Atlantic Lage Whale Take promulgation; various Arrangement with States, Medicare: Reduction Plan; States: Managed care rules; comments due by 5-28- Territories, or other California; comments due by agencies for relief of modifications based on 02; published 3-27-02 5-31-02; published 4-1-02 Medicare, Medicaid, and [FR 02-07129] distress and social welfare [FR 02-07634] of Indians; CFR part SCHIP Benefits Incidental taking— ENVIRONMENTAL removed; comments due Improvement and Cook Inlet, AK; beluga Protection Act payment PROTECTION AGENCY by 5-28-02; published 3- whales; subsistence 26-02 [FR 02-07208] provisions; technical harvest by Alaska Air quality implementation INTERIOR DEPARTMENT corrections; published 3- natives; limitation; plans; approval and 22-02 comments due by 5-28- promulgation; various Fish and Wildlife Service TREASURY DEPARTMENT 02; published 5-7-02 States: Endangered and threatened Customs Service [FR 02-11302] South Carolina; comments species: due by 5-28-02; published User fee airports; Customs CORPORATION FOR Critical habitat 4-26-02 [FR 02-10334] services fees: NATIONAL AND designations— Kauai cave wolf spider McKinney Municipal Airport, COMMUNITY SERVICE ENVIRONMENTAL and Kauai cave TX; published 5-21-02 AmeriCorps grant regulations; PROTECTION AGENCY amphipod; comments comments due by 5-28-02; Air quality implementation due by 5-28-02; published 3-26-02 [FR 02- plans; approval and COMMENTS DUE NEXT published 3-27-02 [FR 06604] promulgation; various WEEK States: 02-06801] DEFENSE DEPARTMENT INTERIOR DEPARTMENT Health care services; South Carolina; comments AGRICULTURE due by 5-28-02; published Minerals Management DEPARTMENT collections from third party Service payers of reasonable 4-26-02 [FR 02-10335] Agricultural Marketing Outer Continental Shelf; oil, charges; comments due by Utah; comments due by 5- Service gas, and sulphur operations: 5-28-02; published 3-29-02 31-02; published 5-1-02 Apples; grade standards; [FR 02-07539] [FR 02-10727] Fixed and floating platforms; comments due by 5-28-02; documents incorporated ENVIRONMENTAL Air quality planning purposes; published 3-26-02 [FR 02- designation of areas: by reference; comments 07221] PROTECTION AGENCY due by 5-28-02; published Nevada; comments due by COMMERCE DEPARTMENT Air program: 3-28-02 [FR 02-07588] Stratospheric ozone 5-30-02; published 4-30- National Oceanic and 02 [FR 02-10628] INTERIOR DEPARTMENT Atmospheric Administration protection— National Park Service FEDERAL Methyl bromide; Special regulations: Fishery conservation and COMMUNICATIONS management: allowances to produce Yellowstone National Park, for developing countries; COMMISSION Alaska; fisheries of et al.; snowmobile comments due by 5-29- Radio and television regulations; postponement; Exclusive Economic 02; published 4-29-02 broadcasting: Zone— comments due by 5-28- [FR 02-10417] Broadcast and cable EEO 02; published 3-29-02 [FR Bering Sea and Aleutian rules and policies; Islands groundfish and ENVIRONMENTAL 02-07707] PROTECTION AGENCY revision; comments due INTERIOR DEPARTMENT Gulf of Alaska by 5-29-02; published 5-8- Air programs: Surface Mining Reclamation groundfish; Steller sea 02 [FR 02-11388] lion protection Stratospheric ozone and Enforcement Office measures; amendment protection— FEDERAL ELECTION Permanent program and and correction; Methyl bromide; COMMISSION abandoned mine land comments due by 5-31- allowances to produce Compliance procedures: reclamation plan 02; published 5-1-02 for developing countries; Administrative fines; civil submissions: [FR 02-10693] comments due by 5-29- money penalties reduction Pennsylvania; comments Northeastern United States 02; published 4-29-02 for those who file reports due by 5-30-02; published fisheries— [FR 02-10416] late or not at all; 4-30-02 [FR 02-10516]
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JUSTICE DEPARTMENT Ports and waterways safety: TRANSPORTATION Anti-money laundering Immigration and Boston Captain of Port DEPARTMENT programs for money Naturalization Service Zone and Salem Harbors, Federal Aviation services businesses; Immigration: MA; safety and security Administration comments due by 5-29- zones; comments due by Airworthiness directives: 02; published 4-29-02 User fee increase; [FR 02-10453] comments due by 5-28- 5-29-02; published 4-29- Hamilton Sundstrand Power 02; published 5-14-02 [FR 02 [FR 02-10471] Systems; comments due Anti-money laundering 02-12045] Cook Inlet, AK; security by 5-28-02; published 3- programs for mutual zone; comments due by 28-02 [FR 02-07416] funds; comments due LABOR DEPARTMENT by 5-29-02; published 5-28-02; published 4-25- Univair Aircraft Corp.; Occupational Safety and 02 [FR 02-10175] 4-29-02 [FR 02-10454] Health Administration comments due by 5-30- TRANSPORTATION 02; published 4-15-02 [FR USA PATRIOT Act; Wendell H. Ford Aviation DEPARTMENT 02-08989] impletmentation— Investment and Reform Act; Coast Guard Airworthiness standards: Anti-money laundering implementation: programs for operators Special conditions— Discrimination complaints Ports and waterways safety: of a credit card system; under section 519; Diablo Canyon Nuclear Cessna Aircraft Co. Model comments due by 5-29- comments due by 5-31- Power Plant, Avila Beach, 501 and 551 series 02; published 4-29-02 02; published 4-1-02 [FR CA; security zone; airplanes; comments [FR 02-10455] 02-07636] comments due by 5-28- due by 5-29-02; 02; published 3-29-02 [FR published 4-29-02 [FR LABOR DEPARTMENT 02-07713] 02-09943] LIST OF PUBLIC LAWS Pension and Welfare Raytheon (Beechcraft) Benefits Administration TRANSPORTATION DEPARTMENT Models V35, V35A, This is a continuing list of Employee Retirement Income public bills from the current Air travel; nondiscrimination on S35, 35-C33A, E33A, Security Act: session of Congress which basis of disability: E33C airplanes; Delinquent Filer Voluntary comments due by 5-29- have become Federal laws. It Compliance Program; Disability-related complaints; 02; published 4-29-02 may be used in conjunction comments due by 5-28- reporting requirements; [FR 02-09942] with ‘‘PLUS’’ (Public Laws comments due by 6-1-02; 02; published 3-28-02 [FR Class D airspace; comments Update Service) on 202–523– 02-07514] published 2-14-02 [FR 02- 6641. This list is also 03216] due by 5-29-02; published PENSION BENEFIT 4-29-02 [FR 02-09851] available online at http:// GUARANTY CORPORATION TRANSPORTATION www.nara.gov/fedreg/ DEPARTMENT TRANSPORTATION plawcurr.html. Administrative practice and DEPARTMENT procedure: Federal Aviation The text of laws is not Administration National Highway Traffic Appeals of agency Safety Administration published in the Federal Air carrier certification and decisions; comments due Insurer reporting requirements: Register but may be ordered operations: in ‘‘slip law’’ (individual by 5-28-02; published 3- Insurers required to file Antidrug and alcohol misuse pamphlet) form from the 27-02 [FR 02-07297] reports; list; comments prevention programs for Superintendent of Documents, RAILROAD RETIREMENT due by 5-28-02; published personnel engaged in U.S. Government Printing BOARD 3-27-02 [FR 02-07367] specified aviation Office, Washington, DC 20402 Railroad Retirement Act and activities; comments due Motor vehicle safety (phone, 202–512–1808). The Railroad Unemployment by 5-29-02; published 2- standards: text will also be made Insurance Act: 28-02 [FR 02-03847] Rear impact guard labels; available on the Internet from Reconsideration and TRANSPORTATION comments due by 5-28- GPO Access at http:// appeals requests; DEPARTMENT 02; published 3-29-02 [FR www.access.gpo.gov/nara/ procedures clarification; 02-07568] nara005.html. Some laws may Federal Aviation comments due by 5-28- not yet be available. Administration TRANSPORTATION 02; published 3-29-02 [FR DEPARTMENT 02-07392] Airworthiness directives: H.R. 495/P.L. 107–175 Research and Special Airbus; comments due by 5- To designate the Federal SECURITIES AND Programs Administration EXCHANGE COMMISSION 31-02; published 5-1-02 building located in Charlotte [FR 02-10245] Hazardous materials: Amalie, St. Thomas, United Investment companies: Hazardous materials TRANSPORTATION States Virgin Islands, as the Insurance company separate transportation— DEPARTMENT ‘‘Ron de Lugo Federal accounts registered as Carriage by aircraft Building.’’ (May 17, 2002; 116 Federal Aviation unit investment trusts requirements; revision; Stat. 576) offering variable life Administration comments due by 5-31- H.R. 819/P.L. 107–176 insurance policies; Airworthiness directives: 02; published 2-26-02 To designate the Federal registration form; Empresa Brasileira de [FR 02-04482] building located at 143 West comments due by 6-1-02; Aeronautica S.A. TREASURY DEPARTMENT Liberty Street, Medina, Ohio, published 4-23-02 [FR 02- (EMBRAER); comments as the ‘‘Donald J. Pease 09457] due by 5-31-02; published Currency and financial transactions; financial Federal Building’’. (May 17, TRANSPORTATION 5-1-02 [FR 02-10246] reporting and recordkeeping 2002; 116 Stat. 577) DEPARTMENT TRANSPORTATION requirements: H.R. 3093/P.L. 107–177 Coast Guard DEPARTMENT USA PATRIOT Act; To designate the Federal Drawbridge operations: Federal Aviation implementation— building and United States Florida; comments due by Administration Anti-money laundering courthouse located at 501 Bell 5-28-02; published 3-26- Airworthiness directives: programs for financial Street in Alton, Illinois, as the 02 [FR 02-07229] General Electric Co.; institutions; comments ‘‘William L. Beatty Federal Illinois and Iowa; comments comments due by 5-28- due by 5-29-02; Building and United States due by 5-28-02; published 02; published 3-27-02 [FR published 4-29-02 [FR Courthouse’’. (May 17, 2002; 3-28-02 [FR 02-07356] 02-06912] 02-10452] 116 Stat. 578)
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H.R. 3282/P.L. 107–178 subscribe, go to http:// Note: This service is strictly To designate the Federal hydra.gsa.gov/archives/ for E-mail notification of new building and United States Public Laws Electronic publaws-l.html or send E-mail laws. The text of laws is not courthouse located at 400 Notification Service to [email protected] available through this service. North Main Street in Butte, (PENS) with the following text PENS cannot respond to Montana, as the ‘‘Mike message: specific inquiries sent to this Mansfield Federal Building and address. United States Courthouse’’. PENS is a free electronic mail (May 17, 2002; 116 Stat. 579) notification service of newly SUBSCRIBE PUBLAWS-L Last List May 17, 2002 enacted public laws. To Your Name.
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