10–28–02 Monday Vol. 67 No. 208 Oct. 28, 2002 Pages 65689–65870

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1 II Federal Register / Vol. 67, No. 208 / Monday, October 28, 2002

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2 III

Contents Federal Register Vol. 67, No. 208

Monday, October 28, 2002

Actuaries, Joint Board for Enrollment Commodity Futures Trading Commission See Joint Board for Enrollment of Actuaries PROPOSED RULES Commodity pool operators and commodity trading Agricultural Marketing Service advisors: PROPOSED RULES Commodity pool operators; otherwise regulated persons Prunes (dried) produced in— excluded from term definition, 65743–65746 California, 65732–65737 NOTICES Defense Department Meetings: See Air Force Department Microbiological Data Program, 65777–65778 RULES Acquisition regulations: Agriculture Department Multiple award contracts; purchase of services; competition requirements, 65721–65722 See Agricultural Marketing Service See Commodity Credit Corporation Energy Department See Federal Crop Insurance Corporation See Energy Efficiency and Renewable Energy Office See Forest Service RULES See Natural Resources Conservation Service Personnel Security Assistance Program; security police RULES officer positions; eligibility requirements, 65690–65692 Organization, functions, and authority delegations: NOTICES Designated Agency Ethics Official, 65689–65690 Committees; establishment, renewal, termination, etc.: American Statistical Association Committee on Energy Air Force Department Statistics, 65787–65788 RULES Meetings: Commercial Air Transportation Quality and Safety Review Environmental Management Advisory Board, 65788 Program; revision, 65698–65706 Environmental Management Site-Specific Advisory Board— Arts and Humanities, National Foundation Fernald Site, OH, 65788 See National Foundation on the Arts and the Humanities Energy Efficiency and Renewable Energy Office Centers for Medicare & Medicaid Services PROPOSED RULES NOTICES Consumer products; energy conservation program: Privacy Act: Energy conservation standards and test procedures— Systems of records, 65795–65801 Residential and small-duct high-velocity central air conditioners and heat pumps; workshop, 65742– 65743 Coast Guard NOTICES RULES Meetings: Drawbridge operations: State Energy Advisory Board, 65789 Florida, 65707 Massachusetts, 65706 Environmental Protection Agency PROPOSED RULES RULES Ports and waterways safety: Air quality implementation plans; approval and San Pedro Bay, CA; security zones, 65746–65749 promulgation; various States; air quality planning NOTICES purposes; designation of areas: Agency information collection activities: Idaho, 65713–65718 Submission for OMB review; comment request, 65825– Air quality implementation plans; approval and 65826 promulgation; various States: New Hampshire, 65710–65713 Commerce Department Reporting and recordkeeping requirements, 65708–65709 See International Trade Administration PROPOSED RULES See National Oceanic and Atmospheric Administration Air quality implementation plans; approval and See Patent and Trademark Office promulgation; various States; air quality planning purposes; designation of areas: Commodity Credit Corporation Idaho, 65750 RULES Air quality implementation plans; approval and Loan and purchase programs: promulgation; various States: Sugar and farm facility storage loan programs New Hampshire, 65749–65750 Correction, 65690 NOTICES PROPOSED RULES Air pollution control: Payment limitation and eligibility: State operating permits programs— Program participation; income limits, 65738–65742 Louisiana, 65789

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Air programs: NOTICES State implementation plans; adequacy status for Disaster and emergency areas: transportation conformity purposes— Indiana, 65792–65793 Colorado, 65789–65790 Louisiana, 65793 Committees; establishment, renewal, termination, etc.: Texas, 65793 Good Neighbor Environmental Board, 65790–65791 Federal Reserve System Meetings: Particulate matter epidemiology; GAM-related statistical NOTICES Banks and bank holding companies: issues; workshop, 65791 Change in bank control, 65793–65794 Reports and guidance documents; availability, etc.: Formations, acquisitions, and mergers, 65794 Chesapeake Bay Comprehensive Oyster Management Meetings; Sunshine Act, 65794–65795 Plan, 65791 Federal Transit Administration Executive Office of the President NOTICES See Presidential Documents Agency information collection activities: Submission for OMB review; comment request, 65829– Federal Aviation Administration 65830 RULES Grants and cooperative agreements; availability, etc.: Airmen: Over-the-Road Bus Accessibility Program, 65830–65832 Picture identification requirements, 65857–65861 Airworthiness standards: Food and Drug Administration Special conditions— RULES Avions Marcel Dassault-Breguet Aviation Model Falcon Animal drugs, feeds, and related products: 10 airplanes, 65692–65697 Carprofen, 65697 NOTICES NOTICES Air traffic operating and flight rules, etc.: Meetings: High density airports; takeoff and landing slots, slot Combination products; hearing, 65801–65804 exemption lottery, and slot allocation procedures— La Guardia Airport, NY and NJ, 65826–65828 Forest Service Exemption petitions; summary and disposition, 65828 NOTICES Meetings: Meetings: Aviation Rulemaking Advisory Committee, 65828 Resource Advisory Committees— RTCA, Inc., 65829 Mineral County, 65778 Passenger facility charges; applications, etc.: Reports and guidance documents; availability, etc.: Tri-Cities Airport, WA, 65829 Agency Strategic Plan (2003 Update), 65778

Federal Communications Commission Health and Human Services Department RULES See Centers for Medicare & Medicaid Services Radio stations; table of assignments: See Food and Drug Administration California, 65721 See National Institutes of Health PROPOSED RULES Radio stations; table of assignments: Housing and Urban Development Department Florida, 65750 RULES Oklahoma, 65750–65751 Public and Indian housing: Television broadcasting: Housing Choice Voucher Program— Telecommunications Act of 1996; implementation— Homeownership option; eligibility of public housing Broadcast ownership rules and other rules; biennial agency-owned or controlled units, 65863–65865 regulatory review, 65751–65776 Interior Department Federal Crop Insurance Corporation See Land Management Bureau See National Park Service PROPOSED RULES Crop insurance regulations: Internal Revenue Service General administrative regulations, group risk plan of RULES insurance regulations for 2003 and succeeding crop Income taxes: years, and common crop insurance regulations, Unit-livestock-price method, 65697–65698 65732 PROPOSED RULES Income taxes: Federal Deposit Insurance Corporation Marketable stock; mark to market treatment election NOTICES Hearing cancellation, 65841–65842 Agency information collection activities: NOTICES Proposed collection; comment request, 65791–65792 Agency information collection activities: Meetings: Proposed collection; comment request, 65840 Banking Policy Advisory Committee, 65792 International Trade Administration Federal Emergency Management Agency NOTICES RULES Antidumping: Flood elevation determinations: Brake rotors from— Various States, 65718–65721 China, 65779–65782

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Fresh garlic from— Nuclear Regulatory Commission China, 65782–65783 NOTICES Tin mill products from— Meetings: Japan, 65783–65786 Reactor Safeguards Advisory Committee, 65811–65812

Joint Board for Enrollment of Actuaries Patent and Trademark Office NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Meetings: Actuarial Examinations Advisory Committee, 65777 Patent laws harmonization; small business views; round table meetings, 65786–65787 Land Management Bureau NOTICES Presidential Documents Meetings: PROCLAMATIONS Resource Advisory Councils— Special observances: Sierra Front-Northwestern Great Basin, 65809–65810 United Nations Day (Proclamation 7614), 65867–65870

National Foundation on the Arts and the Humanities Public Health Service NOTICES See Food and Drug Administration Meetings: See National Institutes of Health Combined Arts Advisory Panel, 65810–65811 Research and Special Programs Administration National Highway Traffic Safety Administration NOTICES NOTICES Hazardous materials: Agency information collection activities: Applications; exemptions, renewals, etc., 65837–65838 Proposed collection; comment request, 65832 Meetings: Securities and Exchange Commission Safety performance standards; vehicle regulatory NOTICES program, 65833 Meetings; Sunshine Act, 65812 Motor vehicle safety standards: Self-regulatory organizations; proposed rule changes: Nonconforming vehicles— American Stock Exchange LLC, 65812–65813 Importation eligibility; determinations, 65833–65837 Chicago Stock Exchange, Inc., 65813–65815 Cincinnati Stock Exchange, Inc., 65816–65818 National Institutes of Health International Securities Exchange LLC, 65818–65819 NOTICES National Association of Securities Dealers, Inc., 65819– Meetings: 65823 National Cancer Institute, 65804–65805 National Institute of Child Health and Human Small Business Administration Development, 65806, 65807 NOTICES National Institute of Diabetes and Digestive and Kidney Disaster loan areas: Diseases, 65805 California, 65823 National Institute of Mental Health, 65805–65806 Louisiana, 65823 Scientific Review Center, 65807–65809 South Carolina, 65823–65824

National Oceanic and Atmospheric Administration State Department RULES NOTICES Fishery conservation and management: Foreign terrorists and terrorist organizations; designation: West Coast States and Western Pacific fisheries— Tunisian Combat Group, 65824 West Coast salmon, 65728–65731 Marine mammals: Transportation Department Incidental taking— See Coast Guard Atlantic Large Whale Take Reduction Plan, 65722– See Federal Aviation Administration 65727 See Federal Transit Administration NOTICES See National Highway Traffic Safety Administration Committees; establishment, renewal, termination, etc.: See Research and Special Programs Administration Hawaiian Islands Humpback Whale National Marine NOTICES Sanctuary Advisory Council, 65786 Aviation proceedings: Agreements filed, weekly receipts, 65824 National Park Service Certificates of public convenience and necessity and NOTICES foreign air carrier permits; weekly applications, Meetings: 65824–65825 Death Valley National Park Advisory Commission, 65810 Treasury Department Natural Resources Conservation Service See Internal Revenue Service NOTICES RULES Meetings: Federal claims collection, 65843–65855 Farm Bill 2002 National Technical Service Provider PROPOSED RULES Summit, 65778–65779 Federal claims collection; cross-reference, 65855–65856

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NOTICES Part IV Agency information collection activities: Transportation Department, Federal Aviation Submission for OMB review; comment request, 65838– Administration, 65857–65861 65840 Part V Veterans Affairs Department Housing and Urban Development Department, 65863–65865 RULES Adjudication; pensions, compensation, dependency, etc.: Part VI Accrued benefits; evidence, 65707–65708 Presidential Documents, 65867–65870

Reader Aids Separate Parts In This Issue Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Part II and notice of recently enacted public laws. Treasury Department, Internal Revenue Service, 65841– 65842 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Part III archives, FEDREGTOC-L, Join or leave the list (or change Treasury Department, 65843–65856 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 50 CFR Proclamations: 229...... 65722 7614...... 65869 660 (3 documents) ...... 65728, 65729, 65730 7 CFR 2...... 65689 1435...... 65690 1436...... 65690 Proposed Rules: 400...... 65732 407...... 65732 457...... 65732 993...... 65732 1400...... 65738 10 CFR 710...... 65690 Proposed Rules: 430...... 65742 14 CFR 25 (2 documents) ...... 65692, 65695 61...... 65858 17 CFR Proposed Rules: 4...... 65743 21 CFR 520...... 65697 24 CFR 982...... 65864 26 CFR 1...... 65697 Proposed Rules: 1...... 65842 31 CFR 5...... 65844 Proposed Rules: 5...... 65856 32 CFR 861...... 65698 33 CFR 117 (2 documents) ...... 65706, 65707 Proposed Rules: 165...... 65746 38 CFR 3...... 65707 40 CFR 9...... 65708 52 (2 documents) ...... 65710, 65713 81...... 65713 Proposed Rules: 52 (2 documents) ...... 65749, 65750 81...... 65750 44 CFR 65...... 65718 47 CFR 73...... 65721 Proposed Rules: 73 (3 documents) ...... 65750, 65751 48 CFR 208...... 65721 216...... 65721

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Rules and Regulations Federal Register Vol. 67, No. 208

Monday, October 28, 2002

This section of the FEDERAL REGISTER regulation currently limits the authority the Regulatory Flexibility Act, and, contains regulatory documents having general of the Assistant Secretary for thus, is exempt from the provisions of applicability and legal effect, most of which Administration over the ethics program that Act. are keyed to and codified in the Code of to that of general supervision with no Paperwork Reduction Act Federal Regulations, which is published under authority over the functions exercised 50 titles pursuant to 44 U.S.C. 1510. by the Director, Office of Ethics, The Department has determined that The Code of Federal Regulations is sold by pursuant to that officer’s delegation of the Paperwork Reduction Act (44 U.S.C. the Superintendent of Documents. Prices of DAEO authority. As amended, all chapter 35) does not apply because this new books are listed in the first FEDERAL references to the ‘‘Director, Office of regulation does not contain any REGISTER issue of each week. Ethics’’ would be deleted and replaced information collection requirements that by the ‘‘Deputy Assistant Secretary for require the approval of the Office of Administration.’’ Management and Budget. DEPARTMENT OF AGRICULTURE Section 2.87 relates to delegations of Environmental Impact authority from the Assistant Secretary Office of the Secretary for Administration to the Deputy This decision will not have a Assistant Secretary for Administration. significant impact upon the quality of 7 CFR Part 2 There currently exists no reference in the human environment or the RIN 3209–AA15 this section to any ethics conversation of energy resources. responsibilities. Section 2.95 concerns List of Subjects in 7 CFR Part 2 Revision of Delegations of Authority delegations by the Assistant Secretary for Administration to the Director, Authority delegations (Government AGENCY: Department of Agriculture. Office of Ethics. That section reflects the agencies). ACTION: Final rule. current designation of the Director, Dated: October 17, 2002. SUMMARY: This document revises certain Office of Ethics as DAEO. This Ann M. Veneman, delegations of authority related to ethics amendment would delegate the DAEO Secretary of Agriculture. from the Secretary of Agriculture and function to the Deputy Assistant Secretary for Administration by adding Accordingly, amend part 2, title 7, changes the USDA Designated Agency Code of Federal Regulations as follows: Ethics Official from the Director, Office that delegation to section 2.87 and removing the current DAEO delegation of Ethics, to the Deputy Assistant PART 2—DELEGATIONS OF from section 2.95. This amendment also Secretary for Administration, and AUTHORITY BY THE SECRETARY OF would designate the Director, Office of further designates the Director, Office of AGRICULTURE AND GENERAL Ethics, as the Alternate Ethics Official. Ethics, as the USDA Alternate Agency OFFICERS OF THE DEPARTMENT Ethics Official. II. Matters of Regulatory Procedure EFFECTIVE DATE: 1. The authority citation for part 2 Effective October 28, Administrative Procedure Act 2002. continues to read as follows: This rule relates to internal agency Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. FOR FURTHER INFORMATION CONTACT: management. Therefore, pursuant to 5 301; Reorganization Plan No. 2 of 1953, 3 Raymond J. Sheehan, Director, Office of U.S.C. 553, notice of proposed rule CFR, 1949–1953 Comp., p. 1024. Ethics, U.S. Department of Agriculture, making and opportunity for comment Room 348–W—Stop 0122, 1400 are not required, and this rule may be Subpart C—Delegations of Authority to Independence Avenue, SW., made effective less than 30 days after the Deputy Secretary, the Under Washington, DC 20250–0122, telephone publication in the Federal Register. Secretaries and Assistant Secretaries (202) 720–2251. SUPPLEMENTARY INFORMATION: Congressional Review 2. Paragraph (a)(13) of section 2.24 is revised to read as follows: I. Background The Department has determined this rulemaking is not a rule as defined in 5 This amendment revises the current § 2.24 Assistant Secretary for U.S.C. 804, and, thus, does not require Administration. language of sections 2.24, 2.87, and 2.95 review by Congress. This rulemaking a. * * * of part 2 of title 7 of the Code of Federal applies only to delegations of authority Regulations, to change the delegation of and responsibility to the employees and * * * * * authority to serve as Designated Agency officers of the Department of (13) Related to ethics. The Ethics Ethics Official (DAEO) for the Agriculture. function in the U.S. Department of Department of Agriculture (USDA), from Agriculture is under the authority of the the position of Director, Office of Ethics, Executive Orders Nos. 12866 and 12988 Assistant Secretary for Administration to the position of Deputy Assistant Since this rule relates to Department for purposes of general supervision Secretary for Administration, and to personnel, it is exempt from the only. The Assistant Secretary does not designate the Director, Office of Ethics, provisions of Executive Orders Nos. have any authority over the functions as Alternate Agency Ethics Official. 12866 and 12988. exercised by the Deputy Assistant Paragraph (a)(13) of section 2.24 Secretary for Administration, pursuant addresses delegations from the Secretary Regulatory Flexibility Act to the Deputy Assistant Secretary’s to the Assistant Secretary for In addition, this action is not a rule responsibilities as Designated Agency Administration relating to ethics. The as defined by Public Law No. 96–354, Ethics Official under the Office of

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Government Ethics regulations at 5 CFR 54926). Several sections of the Policy Staff, Office of Security, part 2638. regulation were incorrectly numbered in Department of Energy, SO–112, 1000 * * * * * the final rule. The corrections are Independence Ave., SW., Washington, provided in this document. DC 20585, 301–903–4800. Subpart P—Delegations of Authority EFFECTIVE DATE: October 25, 2002. SUPPLEMENTARY INFORMATION: by the Assistant Secretary for FOR FURTHER INFORMATION CONTACT: Tom I. Background Administration Witzig, 202–205–5851, email: [email protected]. Persons The Personnel Security Assurance 3. Section 2.87 is revised to read as with disabilities who require alternative Program (PSAP) is a special access follows: means for communication (Braille, large authorization program, established by DOE pursuant to the Atomic Energy Act § 2.87 Deputy Assistant Secretary for print, audiotape, etc.) should contact the Administration. USDA Target Center at (202) 720–2600 of l954, to assure the reliability of (voice and TDD). individuals whose positions: (1) Afford (a) Delegations. Pursuant to the Office direct access to Category I quantities of of Government Ethics regulations at 5 SUPPLEMENTARY INFORMATION: In the special nuclear material (including CFR part 2638. The Deputy Assistant final rule published on August 26, 2002, guarding and transporting special Secretary for Administration shall be (67 FR 54926) make the following nuclear material), (2) are identified as the USDA Designated Agency Ethics corrections. nuclear material production reactor Official and shall exercise all authority § 1435.308 [Corrected] operators, or (3) have the potential for pursuant to the Office of Government causing unacceptable damage to Ethics regulations at 5 CFR part 2638. 1. On page 54934, in the third column, under § 1435.308, paragraphs national security. The PSAP regulations (b) Pursuant to § 2.24(a), subject, to are at 10 CFR part 710, subpart B and reservations in § 2.24(b), the following (a)(3), and (a)(4) are redesignated as paragraphs (b) and (c), respectively. currently require an employee or delegation of authority is made by the applicant for any PSAP position to have Assistant Secretary for Administration 2. On page 54935, in the first column, under § 1435.308, paragraphs (a)(5), (b) a Q access authorization based upon a to the Deputy Assistant Secretary for full background investigation before Administration, to be exercised only and (c) are redesignated as paragraphs (d), (e) and (f), respectively. being granted a PSAP access during the absence or unavailability of authorization. 10 CFR 710.60(c). the Assistant Secretary: Perform all the § 1436.37 [Corrected] On April 4, 2002, DOE proposed a duties and exercise all the powers 3. On page 54939, in the third rule to amend 10 CFR 710.60 to permit which are now or which may hereafter column, § 1436.37 is redesignated as security police officers (SPOs) to be be delegated to the Assistant Secretary § 1436.19. eligible for a PSAP access authorization for Administration. based on an interim access 4. Section 2.95 is revised to read as Signed in Washington, DC, on October 21, authorization obtained through the 2002. follows: Department’s Accelerated Access James R. Little, Authorization Program (AAAP) (see 67 § 2.95 Director, Office of Ethics. Executive Vice President, Commodity Credit FR 16061). DOE explained in the notice The Director, Office of Ethics, shall be Corporation. of proposed rulemaking (NOPR) that the the USDA Alternate Agency Ethics [FR Doc. 02–27228 Filed 10–25–02; 8:45 am] events of September 11, 2001, have Official, pursuant to 5 CFR 2638.202, BILLING CODE 3410–05–P made use of the AAAP to expedite SPO and shall exercise the authority reserved screening vitally important, particularly to the Designate Agency Ethics Official because of the need for DOE to increase under 5 CFR part 2638 only in the DEPARTMENT OF ENERGY the size of its protective forces. absence or unavailability of the The AAAP was implemented to assist Designated Agency Ethics Official. 10 CFR Part 710 DOE managers and DOE contractors [FR Doc. 02–27184 Filed 10–25–02; 8:45 am] RIN 1992–AA30 who request interim access authorization for individuals pursuant BILLING CODE 3410–01–M Eligibility for Security Police Officer to DOE Order 472.1B, DOE Manual Positions in the Personnel Security 472.1–1B, and related DOE directives. DEPARTMENT OF AGRICULTURE Assurance Program Entry into the AAAP is voluntary and written consent of the employee or Commodity Credit Corporation AGENCY: Department of Energy. applicant is required. The AAAP ACTION: Final rule. includes the following screening 7 CFR Parts 1435 and 1436 elements: SUMMARY: The Department of Energy (1) Testing for the use of illegal drugs RIN 0560–AG73 (DOE) is amending its regulations to in accordance with the provisions of allow newly hired individuals in DOE directives implementing Executive 2002 Farm Security and Rural security police officer positions who Investment Act of 2002 Sugar Order 12564 or, for contractor have received an interim Q access employees, the provisions of 10 CFR Programs and Farm Facility Storage authorization through DOE’s Loan Program part 707, ‘‘Workplace Substance Abuse Accelerated Access Authorization Programs at DOE Sites’’; Program to be eligible to hold a AGENCY: Commodity Credit Corporation, (2) Completion of a National Agency USDA. Personnel Security Assurance Program Check; for contractor employees, this (PSAP) position. ACTION: Final rule; correction. includes checks of Office of Personnel EFFECTIVE DATE: This final rule will be Management security indices, SUMMARY: This document contains effective November 27, 2002. Department of Defense clearance corrections to the final rule that was FOR FURTHER INFORMATION CONTACT: indices, Federal Bureau of Investigation published in the Federal Register on Linda Repass, Personnel Security name and fingerprint indices, and Monday, August 26, 2002 (67 FR Assurance Program Manager, Security Credit Bureau files, and for Federal

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employees, the National Agency Check III. Regulatory and Procedural number of small entities. This rule also includes written inquiries to past Requirements would not directly regulate small businesses or other small entities. It employers, references given by the A. Review Under Executive Order 12866 individual, and any educational would apply only to individuals who institutions attended recently; Today’s regulatory action has been apply for SPO positions at sites owned determined not to be a significant or operated by DOE or DOE contractors. (3) A psychological assessment using regulatory action under Executive Order DOE management and operating a standard psychological screening test 12866, ‘‘Regulatory Planning and contractors are not small businesses. to determine if the individual has any Review’’ (58 FR 51735, October 4, 1993). Accordingly, DOE certified in the NOPR psychological/behavioral condition Accordingly, this action was not subject that the rule, if promulgated, would not which might call into question the to review under that Executive Order by have a significant economic impact on individual’s reliability, judgment, and the Office of Information and Regulatory a substantial number of small entities. trustworthiness; Affairs of the Office of Management and DOE today affirms that certification. Budget (OMB). (4) A controlled counterintelligence- D. Review Under the Paperwork scope polygraph examination in B. Review Under Executive Order 12988 Reduction Act accordance with 10 CFR part 709; and With respect to the review of existing No new collection of information (5) Review of the applicant’s regulations and the promulgation of would be imposed by this proposed completed ‘‘Questionnaire for National new regulations, section 3(a) of rule. Accordingly, no clearance by the Security Positions’’ (Standard Form 86). Executive Order 12988, ‘‘Civil Justice Office of Management and Budget is With the exception of the AAAP- Reform’’ (61 FR 4729, February 7, 1996) required under the Paperwork specific psychological/behavioral imposes on Executive agencies the Reduction Act (44 U.S.C. 3501 et seq.). general duty to adhere to the following evaluation, the AAAP screening E. Review Under the National elements are required elements for requirements: (1) Eliminate drafting errors and ambiguity; (2) write Environmental Policy Act anyone in a PSAP position. Thus, as regulations to minimize litigation; and DOE has concluded that promulgation explained in the NOPR, the rule change (3) provide a clear legal standard for of this rule falls into a class of actions proposed by DOE would enhance the affected conduct rather than a general that would not individually or ability of SPOs who have completed standard and promote simplification cumulatively have a significant impact their required training and received an and burden reduction. With regard to on the human environment, as interim access authorization to assume the review required by section 3(a) and determined by DOE’s regulations PSAP duties prior to completion of their section 3(b) of Executive Order 12988 implementing the National background investigation. Due to the specifically requires that Executive Environmental Policy Act of 1969 (42 controlled nature and continuous agencies make every reasonable effort to U.S.C. 4321 et seq.). Specifically, this oversight of SPO positions, there is no ensure that the regulation: (1) Clearly rule would amend DOE’s regulations appreciable risk to allowing assumption specifies the preemptive effect, if any; governing access to PSAP and would of PSAP duties by SPOs prior to (2) clearly specifies any effect on not change the environmental effect of completion and adjudication of the existing federal law or regulation; (3) the PSAP regulations. Therefore, this background investigation. provides a clear legal standard for rulemaking is covered under the DOE received no comments in affected conduct while promoting Categorical Exclusion in paragraph A5 response to the NOPR. simplification and burden reduction; (4) to subpart D, 10 CFR part 1021. specifies the retroactive effect, if any; (5) Accordingly, neither an environmental II. Summary of Rule Amendment adequately defines key terms; and (6) assessment nor an environmental addresses other important issues impact statement is required. Having received no public comment, affecting clarity and general F. Review Under Executive Order 13132 DOE today is adopting the proposed draftsmanship under any guidelines rule as final without change. issued by the Attorney General. Section Executive Order 13132, ‘‘Federalism,’’ This final rule amends section 710.60 3(c) of Executive Order 12988 requires (64 FR 43255, August 10, 1999) requires of the PSAP regulations to permit newly Executive agencies to review regulations agencies to develop an accountable hired SPOs who obtain interim access in light of applicable standards in process to ensure meaningful and timely authorization through the AAAP to section 3(a) and section 3(b) to input by State and local officials in the assume their PSAP duties before determine whether they are met or it is development of regulatory policies that completion of the ongoing full unreasonable to meet one or more of have ‘‘federalism implications.’’ Policies background investigation. When them. DOE has completed the required that have federalism implications are effective, this provision will allow review and determined that, to the defined in the Executive Order to newly hired SPOs who obtain an extent permitted by law, this final rule include regulations that have interim access authorization through the meets the relevant standards of ‘‘substantial direct effects on the States, AAAP and successfully complete the Executive Order 12988. on the relationship between the national PSAP requirements to assume their government and the States, or on the C. Review Under the Regulatory distribution of power and PSAP duties immediately upon Flexibility Act responsibilities among the various completing the 9-week basic SPO The Regulatory Flexibility Act (5 levels of government.’’ On March 14, training course. U.S.C. 601 et seq.) requires preparation 2000, DOE published a statement of This final rule also adds to section of an initial regulatory flexibility policy describing the intergovernmental 710.54 of the PSAP regulations a analysis for any rule that by law must consultation process it will follow in the definition of the term ‘‘Accelerated be proposed for public comment, unless development of such regulations (65 FR Access Authorization Program’’ that the agency certifies that the rule, if 13735). DOE has examined today’s rule contains the central elements of the promulgated, will not have a significant and determined that it would not have AAAP. economic impact on a substantial a substantial direct effect on the States,

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on the relationship between the national (3) is designated by the Administrator of part 709, and a review of the applicant’s government and the States, or on the OIRA as a significant energy action. For completed ‘‘Questionnaire for National distribution of power and any proposed significant energy action, Security Positions.’’ (Standard Form 86). responsibilities among the various the agency must give a detailed * * * * * levels of government. No further action statement of any adverse effects on 3. Section 710.60 of subpart B is is required by the Executive Order. energy supply, distribution, or use amended by revising paragraph (c) to G. Review Under the Unfunded should the proposal be implemented, read as follows: Mandates Reform Act of 1995 and of reasonable alternatives to the action and their expected benefits on § 710.60 DOE security review and Title II of the Unfunded Mandates energy supply, distribution, or use. clearance determination. Reform Act of 1995 (Pub. L. 104–4) Today’s rule is not a significant * * * * * requires each federal agency to prepare energy action. Accordingly, DOE has not (c) Review for initial PSAP access a written assessment of the effects of prepared a Statement of Energy Effects. authorization. An initial PSAP access any federal mandate in a proposed or J. Congressional Notification authorization requires the applicant or final rule that may result in the employee to have a DOE Q access expenditure by state, local, and tribal As required by 5 U.S.C. 801, DOE will authorization based upon a background governments, in the aggregate, or by the submit to Congress a report regarding investigation, except for Security Police private sector, of $100 million in any the issuance of today’s final rule prior Officers who may be granted PSAP one year. The Act also requires a federal to the effective date set forth at the access authorization based on an agency to develop an effective process outset of this notice. The report will interim Q access authorization obtained to permit timely input by elected state that it has been determined that through the Accelerated Access officers of state, local, and tribal the rule is not a ‘‘major rule’’ as defined Authorization Program. The governments on a proposed ‘‘significant by 5 U.S.C. 801(2). adjudication and determination for a intergovernmental mandate,’’ and it PSAP access authorization shall be requires an agency to develop a plan for List of Subjects in 10 CFR Part 710 based upon a review of security giving notice and opportunity for timely Administrative practice and information, including the results of the input to potentially affected small procedure, Classified information, background investigation (or governments before establishing any Government contracts, Government Accelerated Access Authorization requirement that might significantly or employees, Nuclear materials, Program screening elements in the case uniquely affect them. This rule does not Revocation, Security measures, of Security Police Officers) and the contain any federal mandate, so these Suspension. information provided by management requirements do not apply. Issued in Washington, on October 16, 2002. and medical sources. H. Review Under the Treasury and Spencer Abraham, * * * * * General Government Appropriations Secretary of Energy. [FR Doc. 02–27205 Filed 10–25–02; 8:45 am] Act, 1999 For the reasons set forth in the BILLING CODE 6450–01–P Section 654 of the Treasury and preamble, part 710 of chapter III of title General Government Appropriations 10, Code of Federal Regulations is Act of 1999, Pub. L. 105–277, requires amended, as set forth below: DEPARTMENT OF TRANSPORTATION Federal agencies to issue a Family Policymaking Assessment for any PART 710—CRITERIA AND Federal Aviation Administration proposed rule that may affect family PROCEDURES FOR DETERMINING well-being. Today’s rule would not have ELIGIBILITY FOR ACCESS TO 14 CFR Part 25 any impact on the autonomy or integrity CLASSIFIED MATTER OR SPECIAL of the family as an institution. NUCLEAR MATERIAL [Docket No. NM232; Special Conditions No. 25–221–SC] Accordingly, DOE has concluded that it 1. The authority citation for part 710 is not necessary to prepare a Family is revised to read as follows: Special Conditions: Avions Marcel Policymaking Assessment. Dassault-Breguet Aviation (AMD/BA) Authority: 42 U.S.C. 2165; 2201; 5815; Model Falcon 10 Series AirPlanes; I. Review Under Executive Order 13211 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. High-Intensity Radiated Fields (HIRF) Executive Order 13211, ‘‘Actions 10450, 3 CFR 1949–1953 Comp., p. 936, as Concerning Regulations That amended; E.O. 10865, 3 CFR 1959–1963 AGENCY: Federal Aviation Significantly Affect Energy Supply, Comp., p. 398, as amended, 3 CFR Chap. IV. Administration (FAA), DOT. Distribution, or Use,’’ (66 FR 28355, 2. Section 710.54 of subpart B is ACTION: Final special conditions; request May 22, 2001) requires Federal agencies amended by adding, in alphabetical for comments. to prepare and submit to the Office of order, the definition of ‘‘Accelerated Information and Regulatory Affairs Access Authorization Program’’ to read SUMMARY: These special conditions are (OIRA), Office of Management and as follows: issued for Avions Marcel Dassault- Budget, a Statement of Energy Effects for Breguet Aviation Model Falcon 10 series any significant energy action. A § 710.54 Definitions. airplanes modified by Garrett Aviation ‘‘significant energy action’’ is defined as * * * * * Services. These airplanes, as modified, any action by an agency that Accelerated Access Authorization will have a novel or unusual design promulgates or is expected to lead to the Program means the DOE program for feature when compared to the state of promulgation of a final rule, and that: granting interim access to classified technology envisioned in the (1) Is a significant regulatory action matter and special nuclear material airworthiness standards for transport under Executive Order 12866, or any based on a drug test, a National Agency category airplanes. The modification successor order; and (2) is likely to have Check, a psychological assessment, a incorporates the installation of dual a significant adverse effect on the counterintelligence-scope polygraph Innovative Solutions & Support Air Data supply, distribution, or use of energy; or examination in accordance with 10 CFR Display Units (ADDU) with the IS&S Air

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Data Sensor and an analog interface unit We will file in the docket all Falcon 10 series airplanes, as changed, (AIU) that perform critical functions. comments we receive, as well as a continue to meet the applicable The applicable airworthiness report summarizing each substantive provisions of the regulations regulations do not contain adequate or public contact with FAA personnel incorporated by reference in Type appropriate safety standards for the concerning these special conditions. Certificate No. A33EU, or the applicable protection of these systems from the The docket is available for public regulations in effect on the date of effects of high-intensity-radiated fields inspection before and after the comment application for the change. Subsequent (HIRF). These special conditions closing date. If you wish to review the changes have been made to § 21.101 as contain the additional safety standards docket in person, go to the address in part of Amendment 21–77, but those that the Administrator considers the ADDRESSES section of this preamble changes do not become effective until necessary to establish a level of safety between 7:30 a.m. and 4 p.m., Monday June 10, 2003. The regulations equivalent to that established by the through Friday, except Federal holidays. incorporated by reference in the type existing airworthiness standards. We will consider all comments we certificate are commonly referred to as DATES: The effective date of these receive on or before the closing date for the ‘‘original type certification basis.’’ special conditions is October 15, 2002. comments. We will consider comments The original type certification basis for Comments must be received on or filed late if it is possible to do so the modified Avions Marcel Dassault- before November 27, 2002. without incurring expense or delay. We Breguet Aviation Model Falcon 10 series ADDRESSES: Comments on these special may change these special conditions in airplanes includes 14 CFR part 25 as conditions may be mailed in duplicate light of the comments we receive. amended by Amendments 25–1 through If you want the FAA to acknowledge to: Federal Aviation Administration, 25–20, dated February 1, 1964, except receipt of your comments on this Transport Airplane Directorate, Attn: for special conditions and exceptions proposal, include with your comments Rules Docket (ANM–113), Docket No. noted in Type Certificate Data Sheet a pre-addressed, stamped postcard on NM232, 1601 Lind Avenue SW., (TDCS) A33EU. which the docket number appears. We If the Administrator finds that the Renton, Washington 98055–4056; or will stamp the date on the postcard and applicable airworthiness regulations delivered in duplicate to the Transport mail it back to you. (that is, 14 CFR part 25, as amended) do Directorate at the above address. All not contain adequate or appropriate comments must be marked: Docket No. Background safety standards for the Avions Marcel NM232. Comments may be inspected in On August 22, 2002, Garrett Aviation Dassault-Breguet Aviation Model Falcon the Rules Docket weekdays, except Services, 1200 North Airport Drive, 10 series airplanes because of novel or Federal holidays, between 7:30 a.m. and Capital Airport, Springfield, IL 62707, unusual design features, special 4 p.m. applied for a supplemental type conditions are prescribed under the FOR FURTHER INFORMATION CONTACT: Greg certificate (STC) to modify Avions provisions of § 21.16. Dunn, FAA, Airplane and Flight Crew Marcel Dassault-Breguet Aviation Model In addition to the applicable Interface Branch, ANM–111, Transport Falcon 10 series airplanes approved airworthiness regulations and special Airplane Directorate, Aircraft under Type Certificate No. A33EU. The conditions, the Avions Marcel Dassault- Certification Service, 1601 Lind Avenue Avions Marcel Dassault-Breguet Breguet Aviation Model Falcon 10 series SW., Renton, Washington 98055–4056; Aviation Model Falcon 10 series airplanes must comply with the fuel telephone (425) 227–2799; facsimile airplane is a small category airplane vent and exhaust emission requirements (425) 227–1149. powered by two Airesearch of 14 CFR part 34 and the noise SUPPLEMENTARY INFORMATION: Manufacturing Company TFE731–2–1C certification requirement of part 36, turbofan engines and having a FAA’s Determination as to Need for including Amendment 36–1. maximum takeoff weight of 18,300 Public Process Special conditions, as defined in 14 pounds. This airplane operates with a 2- CFR 11.19, are issued in accordance The FAA has determined that notice pilot crew and can hold up to 9 with § 11.38 and become part of the type and opportunity for prior public passengers. The modification certification basis in accordance with comment are unnecessary in accordance incorporates the installation of § 21.101(b)(2). with 14 CFR 11.38, because the FAA has Innovative Solutions & Support Air Data Special conditions are initially provided previous opportunities to Display Units (ADDU) and an analog applicable to the model for which they comment on substantially identical interface unit (AIU). The ADDU replaces are issued. Should Garrett Aviation special conditions and has fully the existing analog flight Services apply at a later date for a considered and addressed all the instrumentation and provides additional supplemental type certificate to modify substantive comments received. Based functional capability and redundancy in any other model included on the same on a review of the comment history and the system. The AIU is a digital-to- type certificate to incorporate the same the comment resolution, the FAA is analog adapter used to adapt signals novel or unusual design feature, these satisfied that new comments are driving the existing Sperry Flight special conditions would also apply to unlikely. The FAA, therefore, finds that Guidance Computer. The avionics/ the other model under the provisions of good cause exists for making these electronics and electrical systems 14 CFR 21.101(a)(1). special conditions effective upon installed in this airplane have the Novel or Unusual Design Features issuance. However, the FAA invites potential to be vulnerable to high- interested persons to participate in this intensity radiated fields (HIRF) external The Avions Marcel Dassault-Breguet rulemaking by submitting comments, to the airplane. Aviation Model Falcon 10 series data, or views. The most helpful airplanes modified by Garrett Aviation comments reference a specific portion of Type Certification Basis Services will incorporate systems the special conditions, explain the Under the provisions of 14 CFR comprised of dual Air Data Display reason for any recommended change, 21.101, Amendment 21–69, effective Units and an analog interface unit that and include supporting data. We ask September 16, 1991, Garrett Aviation will perform critical functions. These that you send us two copies of written Services must show that the Avions systems have the potential to be comments. Marcel Dassault-Breguet Aviation Model vulnerable to high-intensity radiated

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fields (HIRF) external to the airplane. b. Demonstration of this level of The substance of these special The current airworthiness standards (14 protection is established through system conditions has been subjected to the CFR part 25) do not contain adequate or tests and analysis. notice and comment period in several appropriate safety standards for the 2. A threat external to the airframe of prior instances and has been derived protection of this equipment from the the field strengths indicated in the table without substantive change from those adverse effects of HIRF. Accordingly, below for the frequency ranges previously issued. It is unlikely that this system is considered to be a novel indicated. Both peak and average field prior public comment would result in a or unusual design feature. strength components from the table significant change from the substance below are to be demonstrated. contained herein. For this reason, and Discussion because a delay would significantly Field strength affect the certification of the airplane, There is no specific regulation that (volts per meter) addresses protection requirements for Frequency which is imminent, the FAA has electrical and electronic systems from Peak Average determined that prior public notice and HIRF. Increased power levels from comment are unnecessary and ground-based radio transmitters and the 10 kHz–100 kHz ... 50 50 impracticable, and good cause exists for growing use of sensitive avionics/ 100 kHz–500 kHz 50 50 adopting these special conditions upon electronics and electrical systems to 500 kHz kHz–2 issuance. The FAA is requesting MHz ...... 50 50 comments to allow interested persons to command and control airplanes have 2 MHz–30 MHz ..... 100 100 made it necessary to provide adequate 30 MHz–70 ...... 50 50 submit views that may not have been protection. 70 MHz–100 MHz 50 50 submitted in response to the prior To ensure that a level of safety is 100 MHz–200 MHz 100 100 opportunities for comment described achieved that is equivalent to that 200 MHz–400 above. intended by the regulations MHz; ...... 100 100 400 MHz–700 MHz 700 50 List of Subjects in 14 CFR Part 25 incorporated by reference, special 700 MHz–1 GHz ... 700 100 Aircraft, Aviation safety, Reporting conditions are needed for Avions 1 GHz–2 GHz ...... 2000 200 Marcel Dassault-Breguet Aviation Model 2 GHz–4 GHz ...... 3000 200 and recordkeeping requirements. Falcon 10 series airplanes modified by 4 GHz–6 GHz ...... 3000 200 The authority citation for these Garrett Aviation Services. These special 6 GHz–8 GHz ...... 1000 200 special conditions is as follows: conditions require that new avionics/ 8 GHz–12 GHz ..... 3000 300 electronics and electrical systems that 12 GHz–18 GHz ... 2000 200 Authority: 49 U.S.C. 106(g), 40113, 44701, perform critical functions be designed 18 GHz– 40 ...... 600 200 44702, 44704. and installed to preclude component The field strengths are expressed in terms The Special Conditions damage and interruption of function of peak of the root-mean-square (rms) over due to both the direct and indirect the complete modulation period. Accordingly, pursuant to the effects of HIRF. The threat levels identified above are authority delegated to me by the Administrator, the following special High-Intensity Radiated Fields (HIRF) the result of an FAA review of existing studies on the subject of HIRF, in light conditions are issued as part of the With the trend toward increased of the ongoing work of the supplemental type certification basis for power levels from ground-based Electromagnetic Effects Harmonization the Avions Marcel Dassault-Breguet transmitters, plus the advent of space Working Group of the Aviation Aviation Model Falcon 10 series and satellite communications, coupled Rulemaking Advisory Committee. airplanes modified by Garrett Aviation with electronic command and control of Services. Applicability the airplane, the immunity of critical 1. Protection from Unwanted Effects avionics/electronics and electrical As discussed above, these special of High-Intensity Radiated Fields systems to HIRF must be established. conditions are applicable to Avions (HIRF). Each electrical and electronic It is not possible to precisely define Marcel Dassault-Breguet Aviation Model system that performs critical functions the HIRF to which the airplane will be Falcon 10 series airplanes modified by must be designed and installed to exposed in service. There is also Garret Aviation Services. Should Garrett ensure that the operation and uncertainty concerning the effectiveness Aviation Services apply at a later date operational capability of these systems of airframe shielding for HIRF. for a supplemental type certificate to to perform critical functions are not Furthermore, coupling of modify any other model included on the adversely affected when the airplane is electromagnetic energy to cockpit- same type certificate to incorporate the exposed to high-intensity radiated installed equipment through the cockpit same novel or unusual design feature, fields. window apertures is undefined. Based these special conditions would apply to 2. For the purpose of these special on surveys and analysis of existing HIRF that model as well under the provisions conditions, the following definition emitters, an adequate level of protection of § 21.101(a)(1). applies: Critical Functions: Functions exists when compliance with the HIRF Conclusion whose failure would contribute to or cause a failure condition that would protection special condition is shown in This action affects only certain novel prevent the continued safe flight and accordance with either paragraph 1, or or unusual design features on the landing of the airplane. 2 below: Avions Marcel Dassault-Breguet 1. A minimum threat of 100 volts rms Aviation Model Falcon 10 series Issued in Renton, Washington, on October (root-mean-square) per meter electric airplanes modified by Garrett Aviation 15, 2002. field strength from 10 KHz to 18 GHz. Services. It is not a rule of general Ali Bahrami, a. The threat must be applied to the applicability and affects only the Acting Manager, Transport Airplane system elements and their associated applicant who applied to the FAA for Directorate, Aircraft Certification Service. wiring harnesses without the benefit of approval of these features on the [FR Doc. 02–27379 Filed 10–25–02; 8:45 am] airframe shielding. airplane. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Comments Invited passengers. The modification The FAA has determined that notice incorporates the installation of single or Federal Aviation Administration and opportunity for prior public dual Collins ADC–87A Air Data comment hereon are impracticable Computers. The ADC–87A is installed 14 CFR Part 25 because these procedures would as a new #2 ADC or as a replacement for [Docket No. NM238; Special Conditions No. significantly delay certification, and the existing Collins ADC–80K Air Data 25–222–SC] thus delivery, of the affected airplane. In Computer, while also providing addition, the substance of these special additional functional capability and Special Conditions: Avions Marcel conditions has been subject to the redundancy in the system. The ADC– Dassault—Breguet Aviation, Falcon 10; public comment process in several prior 87A is a microprocessor-based digital High-Intensity Radiated Fields (HIRF) instances with no substantive comments computer used to adapt signals driving received. The FAA therefore finds that the existing Collins FCS–80 Flight AGENCY: Federal Aviation Guidance System. The avionics/ Administration (FAA), DOT. good cause exists for making these special conditions effective upon electronics and electrical systems ACTION: Final special conditions; request installed in this airplane have the for comments. issuance; however, the FAA invites interested persons to participate in this potential to be vulnerable to high- intensity radiated fields (HIRF) external SUMMARY: These special conditions are rulemaking by submitting written to the airplane. issued for Avions Marcel Dassault- comments, data, or views. The most Breguet Aviation, Falcon 10 airplanes helpful comments reference a specific Type Certification Basis modified by Garrett Aviation Services. portion of the special conditions, Under the provisions of 14 CFR These modified airplanes will have a explain the reason for any 21.101 (amendment 21–69, effective novel or unusual design feature when recommended change, and include September 16, 1991), Garrett Aviation compared to the state of technology supporting data. We ask that you send Services must show that the AMD/BA envisioned in the airworthiness us two copies of written comments. Falcon 10 airplane, as changed, standards for transport category We will file in the docket all continues to meet the applicable airplanes. The modification comments we receive, as well as a provisions of the regulations incorporates the installation of the report summarizing each substantive incorporated by reference in Type Collins ADC–87A Air Data Computer public contact with FAA personnel Certificate No. A33EU, or the applicable system that performs critical functions. concerning these special conditions. regulations in effect on the date of The applicable airworthiness The docket is available for public application for the change. Subsequent regulations do not contain adequate or inspection before and after the comment changes have been made to § 21.101 as appropriate safety standards for the closing date. If you wish to review the part of amendment 21–77, but those protection of this system from the docket in person, go to the address in changes do not become effective until effects of high-intensity radiated fields the ADDRESSES section of this preamble June 10, 2003. The regulations (HIRF). These special conditions between 7:30 a.m. and 4 p.m., Monday incorporated by reference in the type contain the additional safety standards through Friday, except Federal holidays. certificate are commonly referred to as that the Administrator considers We will consider all comments we the ‘‘original type certification basis.’’ necessary to establish a level of safety receive on or before the closing date for The certification basis for the modified equivalent to that established by the comments. We will consider comments AMD/BA Falcon 10 airplanes includes existing airworthiness standards. filed late if it is possible to do so without incurring expense or delay. We 14 CFR part 25, dated February 1, 1965, DATES: The effective date of these as amended by amendments 25–1 special conditions is October 18, 2002. may change these special conditions in light of the comments we receive. through 25–20, except for special Comments must be received on or conditions and exceptions noted in before November 27, 2002. If you want the FAA to acknowledge receipt of your comments on these Type Certificate Data Sheet (TCDS) ADDRESSES: Comments on these special special conditions, include with your A33EU. conditions may be mailed in duplicate comments a pre-addressed, stamped If the Administrator finds that the to: Federal Aviation Administration, postcard on which the docket number applicable airworthiness regulations Transport Airplane Directorate, Attn: appears. We will stamp the date on the (that is, part 25, as amended) do not Rules Docket (ANM–113), Docket No. postcard and mail it back to you. contain adequate or appropriate safety NM238, 1601 Lind Avenue SW., Renton standards for the AMD/BA Falcon 10 Washington, 98055–4056; or delivered Background airplanes because of a novel or unusual in duplicate to the Transport Airplane On August 13, 2001, Garrett Aviation design feature, special conditions are Directorate at the above address. All Services, 1200 North Airport Drive, prescribed under the provisions of comments must be marked: Docket No. Capital Airport, Springfield, IL 62707, § 21.16. NM238. Comments may be inspected in applied for a supplemental type In addition to the applicable the Rules Docket weekdays, except certificate (STC) to modify Avions airworthiness regulations and special Federal holidays, between 7:30 a.m. and Marcel Dassault -Breguet Aviation conditions, the AMD/BA Falcon 10 4 p.m. (AMD/BA), Falcon 10 airplanes airplanes must comply with the fuel FOR FURTHER INFORMATION CONTACT: approved under Type Certificate No. vent and exhaust emission requirements Meghan Gordon, FAA, Standardization A33EU . The AMD/BA Falcon 10 is a of 14 CFR part 34, and the noise Branch, ANM–113, Transport Airplane small transport category airplane, certification requirements of 14 CFR Directorate, Aircraft Certification powered by two Airesearch part 36, including amendment 36–1. Service, 1601 Lind Avenue SW., Manufacturing Company Model Special conditions, as defined in 14 Renton, Washington 98055–4056; TFE731–2–1C turbofan engines, with a CFR 11.19, are issued in accordance telephone (425) 227–2138; facsimile maximum takeoff weight of 18,300 with § 11.38 and become part of the (425) 227–1149. pounds. This airplane operates with a 2- airplane’s type certification basis in SUPPLEMENTARY INFORMATION: pilot crew and can hold up to 9 accordance with § 21.101(b)(2),

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(amendment 21–69, effective September It is not possible to precisely define modify any other model included on 16, 1991). the HIRF to which the airplane will be Type Certificate A33EU to incorporate Special conditions are initially exposed in service. There is also the same novel or unusual design applicable to the model for which they uncertainty concerning the effectiveness feature, these special conditions would are issued. Should Garrett Aviation of airframe shielding for HIRF. apply to that model as well under the Services apply at a later date for a Furthermore, coupling of provisions of § 21.101(a)(1) (amendment supplemental type certificate to modify electromagnetic energy to cockpit- 21–69, effective September 16, 1991). installed equipment through the cockpit any other model included on the same Conclusion type certificate to incorporate the same window apertures is undefined. Based novel or unusual design feature, the on surveys and analysis of existing HIRF This action affects only certain novel special conditions would also apply to emitters, an adequate level of protection or unusual design features on the AMD/ the other model under the provisions of exists when compliance with the HIRF BA Falcon 10 airplanes modified by § 21.101(a)(1), (amendment 21–69, protection special condition is shown Garrett Aviation Services. It is not a rule effective September 16, 1991). with either paragraph 1 or 2 below: of general applicability and affects only 1. A minimum threat of 100 volts rms the applicant who applied to the FAA Novel or Unusual Design Features (root-mean-square) per meter electric for approval of these features on the As noted earlier, the AMD/BA Falcon field strength from 10KHz to 18GHz. airplane. 10 airplanes modified by Garrett a. The threat must be applied to the The substance of these special Aviation Services will incorporate system elements and their associated conditions has been subjected to the single or dual Collins ADC–87A Air wiring harnesses without the benefit of notice and comment period in several Data Computers that will perform airframe shielding. prior instances and has been derived critical functions. These systems have b. Demonstration of this level of without substantive change from those the potential to be vulnerable to high- protection is established through system previously issued. Because a delay intensity radiated fields external to the tests and analysis. would significantly affect the airplane. The current airworthiness 2. A threat external to the airframe of certification of the airplane, which is standards of part 25 do not contain the field strengths indicated in the table imminent, the FAA has determined that adequate or appropriate safety standards below for the frequency ranges prior public notice and comment are that address the protection of this indicated. Both peak and average field unnecessary and impracticable, and equipment from the adverse effects of strength components from the table are good cause exists for adopting these HIRF. Accordingly, this system is to be demonstrated. special conditions upon issuance. The considered to be a novel or unusual FAA is requesting comments to allow Field strength interested persons to submit views that design feature. (volts per meter) Frequency may not have been submitted in Discussion Peak Average response to the prior opportunities for There is no specific regulation that comment described above. addresses protection requirements for 10 kHz–100 kHz ... 50 50 100 kHz–500 kHz 50 50 List of Subjects in 14 CFR Part 25 electrical and electronic systems from 500 kHz–2 MHz .... 50 50 HIRF. Increased power levels from Aircraft, Aviation safety, Reporting 2 MHz–30 MHz ..... 100 100 and recordkeeping requirements. ground-based radio transmitters and the 30 MHz–70 MHz ... 50 50 growing use of sensitive avionics/ 70 MHz–100 MHz 50 50 The authority citation for these electronics and electrical systems to 100 MHz–200 MHz 100 100 special conditions is as follows: command and control airplanes have 200 MHz–400 MHz 100 100 400 MHz–700 MHz 700 50 Authority: 49 U.S.C. 106(g), 40113, 44701, made it necessary to provide adequate 44702, 44704. protection. 700 MHz–1 GHz ... 700 100 1 GHz–2 GHz ...... 2000 200 The Special Conditions To ensure that a level of safety is 2 GHz–4 GHz ...... 3000 200 achieved that is equivalent to that 4 GHz–6 GHz ...... 3000 200 Accordingly, pursuant to the intended by the regulations 6 GHz–8 GHz ...... 1000 200 authority delegated to me by the incorporated by reference, special 8 GHz–12 GHz ..... 3000 300 Administrator, the following special conditions are needed for the AMD/BA 12 GHz–18 GHz ... 2000 200 conditions are issued as part of the Falcon 10 airplanes modified by Garrett 18 GHz–40 GHz ... 600 200 supplemental type certification basis for Aviation Services. These special The field strengths are expressed in terms the Avions Marcel Dassault—Breguet conditions require that the Collins of peak of the root-mean-square (rms) over Aviation, Falcon 10 airplanes modified ADC–87A Air Data Computers, which the complete modulation period. by Garrett Aviation Services. perform critical functions, be designed The threat levels identified above are 1. Protection from Unwanted Effects and installed to preclude component the result of an FAA review of existing of High-Intensity Radiated Fields damage and interruption of function studies on the subject of HIRF, in light (HIRF). Each electrical and electronic due to both the direct and indirect of the ongoing work of the system that performs critical functions effects of HIRF. Electromagnetic Effects Harmonization must be designed and installed to ensure that the operation and High-Intensity Radiated Fields (HIRF) Working Group of the Aviation Rulemaking Advisory Committee. operational capability of these systems With the trend toward increased to perform critical functions are not power levels from ground-based Applicability adversely affected when the airplane is transmitters, plus the advent of space As discussed above, these special exposed to high-intensity radiated and satellite communications, coupled conditions are applicable to AMD/BA fields. with electronic command and control of Falcon 10 airplanes modified by Garret 2. For the purpose of these special the airplane, the immunity of critical Aviation Services. Should Garrett conditions, the following definition avionics/electronics and electrical Aviation Services apply at a later date applies: Critical Functions: Functions systems to HIRF must be established. for a supplemental type certificate to whose failure would contribute to or

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cause a failure condition that would information submitted to support DEPARTMENT OF THE TREASURY prevent the continued safe flight and approval of this application may be seen landing of the airplane. in the Dockets Management Branch Internal Revenue Service Issued in Renton, Washington, on October (HFA–305), Food and Drug 18, 2002. Administration, 5630 Fishers Lane, rm. 26 CFR Part 1 1061, Rockville, MD 20852, between 9 Ali Bahrami, [TD 9019] Acting Manager, Transport Airplane a.m. and 4 p.m., Monday through Friday. Directorate, Aircraft Certification Service. RIN 1545–BA25 [FR Doc. 02–27377 Filed 10–25–02; 8:45 am] The agency has determined under 21 BILLING CODE 4910–13–P CFR 25.33(d)(1) that this action is of a Unit Livestock Price Method type that does not individually or AGENCY: cumulatively have a significant effect on Internal Revenue Service (IRS), Treasury. DEPARTMENT OF HEALTH AND the human environment. Therefore, ACTION: Final regulations. HUMAN SERVICES neither an environmental assessment nor an environmental impact statement SUMMARY: This document contains final Food and Drug Administration is required. regulations relating to the use of the This rule does not meet the definition unit-livestock-price method of 21 CFR Part 520 of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because accounting. The regulations affect it is a rule of ‘‘particular applicability.’’ Oral Dosage Form New Animal Drugs; livestock raisers and other farmers that Therefore, it is not subject to the Carprofen elect to use the unit-livestock-price congressional review requirements in 5 method. These regulations provide rules AGENCY: Food and Drug Administration, U.S.C. 801–808. relating to the annual reevaluation of HHS. List of Subjects in 21 CFR Part 520 unit prices and the depreciation of ACTION: Final rule. livestock raised for draft, breeding, or Animal drugs. dairy purposes. SUMMARY: The Food and Drug EFFECTIVE DATE: Therefore, under the Federal Food, These regulations are Administration (FDA) is amending the effective October 28, 2002. animal drug regulations to reflect Drug, and Cosmetic Act and under FOR FURTHER INFORMATION CONTACT: A. approval of a supplemental new animal authority delegated to the Commissioner Katharine Jacob Kiss at (202) 622–4930 drug application (NADA) filed by Pfizer, of Food and Drugs and redelegated to (not a toll-free number). Inc. The supplemental NADA provides the Center for Veterinary Medicine, 21 for the veterinary prescription use of CFR part 520 is amended as follows: SUPPLEMENTARY INFORMATION: carprofen in dogs, by oral chewable Background tablet, for the control of postoperative PART 520—ORAL DOSAGE FORM pain associated with soft tissue and NEW ANIMAL DRUGS This document contains amendments orthopedic surgery. to the Income Tax Regulations (26 CFR 1. The authority citation for 21 CFR part 1) under section 471 of the Internal DATES: This rule is effective October 28, part 520 continues to read as follows: Revenue Code (Code). A notice of 2002. Authority: 21 U.S.C. 360b. proposed rulemaking (REG–125626–01, FOR FURTHER INFORMATION CONTACT: 2002–9 IRB 604) was published in the Melanie R. Berson, Center for Veterinary 2. Section 520.309 is amended by Federal Register (67 FR 5074) on Medicine (HFV–110), Food and Drug revising paragraphs (b), (d)(1), and (d)(2) February 4, 2002. No public hearing was Administration, 7500 Standish Pl., to read as follows: requested or held. One comment Rockville, MD 20855, 301–827–7540, e- § 520.309 Carprofen. responding to the notice of proposed mail: [email protected]. rulemaking was received. The proposed SUPPLEMENTARY INFORMATION: Pfizer, * * * * * regulations are adopted by this Treasury Inc., 235 East 42d St., New York, NY (b) Sponsor. See No. 000069 in decision. 10017–5755, filed a supplement to § 510.600(c) of this chapter. Explanation of Provisions NADA 141–111 for veterinary * * * * * prescription use of RIMADYL The unit-livestock-price method (carprofen) Chewable Tablets for the (d) * * * (1) Amount. 2 mg per provides for the valuation of different control of postoperative pain associated pound (/lb) of body weight once daily classes of animals in inventory at a with soft tissue and orthopedic surgery or 1 mg/lb twice daily. For the control standard unit price for each animal in dogs. The supplemental NADA of postoperative pain, administer within a class. A taxpayer using the provides for use of carprofen chewable approximately 2 hours before the unit-livestock-price method must tablets in dogs for the control of procedure. annually reevaluate its unit prices and postoperative pain associated with soft (2) Indications for use. For the relief must adjust the prices upward to reflect tissue and orthopedic surgery. The of pain and inflammation associated increases in the costs of raising supplemental application is approved as with osteoarthritis, and for the control livestock. The regulations allow of August 21, 2002, and the regulations of postoperative pain associated with taxpayers to both increase and decrease are amended in 21 CFR 520.309 to soft tissue and orthopedic surgery. unit prices without obtaining the reflect the approval. The basis of * * * * * consent of the Commissioner. The approval is discussed in the freedom of regulations also clarify that a livestock Dated: September 30, 2002. information summary. raiser that uses the unit-livestock-price In accordance with the freedom of Stephen F. Sundlof, method may elect to remove from information provisions of 21 CFR part Center for Veterinary Medicine. inventory after maturity an animal 20 and § 514.11(e)(2)(ii), a summary of [FR Doc. 02–27266 Filed 10–25–02; 8:45 am] raised for draft, breeding, or dairy safety and effectiveness data and BILLING CODE 4160–01–S purposes and treat the inventoriable

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cost of such animal as an asset subject in numerical order to read in part as DEPARTMENT OF DEFENSE to depreciation. follows: Department of the Air Force In the notice of proposed rulemaking, Authority: 26 U.S.C. 7805 * * * the IRS and Treasury Department requested comments on whether safe Section 1.471–6 also issued under 26 32 CFR Part 861 harbor unit prices should be made U.S.C. 471. * * * available to taxpayers using the unit- Par. 2. Section 1.471–6 is amended as RIN 0701–AA67 livestock-price method and, if so, what follows: index should be used. The sole Department of Defense Commercial Air commentator requested that safe harbor 1. In paragraph (c), the last sentence Transportation Quality and Safety unit prices should be made available, is removed. Review Program and suggested using the price index 2. Paragraph (f) is revised. developed by a local state extension AGENCY: Department of the Air Force, 3. In paragraph (g), the first sentence DOD. service for the safe harbor unit prices. is amended by removing the language Due to the lack of widespread interest ‘‘capital assets’’ and adding in its place ACTION: Final rule. in developing and using safe harbor unit ‘‘property used in a trade or business.’’ prices, the final regulations do not adopt SUMMARY: The Department of the Air that suggestion. The revisions read as follows: Force has revised the Department of Defense Commercial Transportation Effective Date § 1.471–6 Inventories of livestock raisers and other farmers. Quality and Safety Review Program. These regulations are applicable to This was necessary to reflect current taxable years ending after October 28, * * * * * and anticipated policies. 2002. (f) A taxpayer that elects to use the EFFECTIVE DATE: October 29, 2002. Special Analyses ‘‘unit-livestock-price method’’ must apply it to all livestock raised, whether FOR FURTHER INFORMATION CONTACT: Mr. It has been determined that this for sale or for draft, breeding, or dairy Merlin Lyman, 618–229–4801. Treasury decision is not a significant purposes. The inventoriable costs of SUPPLEMENTARY INFORMATION: This regulatory action as defined in animals raised for draft, breeding, or action is authorized by 10 U.S.C. 8013 Executive Order 12866. Therefore, a dairy purposes can, at the election of the and 10 U.S.C. 2640. The Department of regulatory assessment is not required. It livestock raiser, be included in the Air Force has determined that this has also been determined that section inventory or treated as property used in rule is not a major rule because it will 553(b) of the Administrative Procedure a trade or business subject to not have an annual effect on the Act (5 U.S.C. chapter 5) does not apply depreciation after maturity. See economy of $100 million or more. The to these regulations and, because these § 1.263A–4 for rules regarding the Secretary of the Air Force has certified regulations do not impose on small that this rule is exempt from the entities a collection of information computation of inventoriable costs for purposes of the unit-livestock-price requirements of the Regulatory requirement, the Regulatory Flexibility Flexibility Act, 5 U.S.C. 601 to 612, method. Once established, the methods Act (5 U.S.C. chapter 6) does not apply. because this rule does not have a of accounting used by the taxpayer to Therefore, a Regulatory Flexibility significant economic impact on small Analysis is not required. Pursuant to determine unit prices and to classify entities as defined by the Act, and does section 7805(f) of the Code, the animals must be consistently applied in not impose any obligatory information proposed regulations preceding these all subsequent taxable years. A taxpayer requirements beyond internal Air Force regulations were submitted to the Chief that uses the unit-livestock-price use. Counsel for Advocacy of the Small method must annually reevaluate its Business Administration for comment unit prices and adjust the prices either List of Subjects in 32 CFR Part 861 on its impact on small business. upward to reflect increases, or Administrative practice and Drafting Information downward to reflect decreases, in the procedure, Air carriers, Aviation safety, costs of raising livestock. The consent of Military air transportation. The principal author of these the Commissioner is not required to For the reasons set forth in the regulations is A. Katharine Jacob Kiss, make such upward or downward Office of Associate Chief Counsel preamble, the Air Force has revised 32 adjustments. No other changes in the CFR Part 861 to read as follows: (Income Tax and Accounting). However, classification of animals or unit prices other personnel from the IRS and may be made without the consent of the PART 861—DEPARTMENT OF Treasury Department participated in Commissioner. See § 1.446–1(e) for DEFENSE COMMERCIAL AIR their development. procedures for obtaining the consent of TRANSPORTATION QUALITY AND List of Subjects in 26 CFR Part 1 the Commissioner. The provisions of SAFETY REVIEW PROGRAM Income taxes, Reporting and this paragraph (f) apply to taxable years ending after October 28, 2002. Sec. recordkeeping requirements. 861.1 References. * * * * * 861.2 Purpose. Adoption of Amendments to the 861.3 Definitions. Approved: October 2, 2002. Regulations 861.4 DOD commercial air transportation Robert E. Wenzel, Accordingly, 26 CFR part 1 is quality and safety review program. 861.5 DOD Commercial Airlift Review amended as follows: Deputy Commissioner of Internal Revenue. Pamela F. Olson, Board procedures. PART 1—INCOME TAXES 861.6 DOD review of foreign air carriers. Assistant Secretary of the Treasury. 861.7 Disclosure of voluntarily provided Paragraph 1. The authority citation [FR Doc. 02–27158 Filed 10–25–02; 8:45 am] safety-related information. for part 1 is amended by adding an entry BILLING CODE 4830–01–P Authority: 10 U.S.C. 2640, 8013.

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§ 861.1 References. paratrooper drops, and charter airlift (IASA) program and categories. The The following references apply to this and group travel arranged by the FAA IASA program assesses the ability part: Military Service Academies, foreign of a foreign country’s CAA to adhere to (a) 10 U.S.C. 2640, Charter Air military sales, nonappropriated fund international standards established by Transportation of Members of the instrumentalities by other DOD and the United Nation’s technical agency for Armed Forces. non-DOD activities for DOD personnel. aviation, the International Civil (b) Department of Defense Directive All air carriers providing air Aviation Organization (ICAO). The FAA 4500.53, Department of Defense transportation services to DOD must has established ratings for the status of Commercial Air Transportation Quality have a FAA or CAA certificate. The countries as follows: and Safety Review Program. policy contained in this Directive shall (1) Category 1—Does comply with not apply to individually procured, ICAO standards. A country’s CAA has § 861.2 Purpose. discretionary air travel, such as that been found to license and oversee air Department of Defense Directive associated with military leave or pass. carriers in accordance with ICAO 4500.53, Department of Defense (c) Civil Aviation Authority (CAA). aviation safety standards. Commercial Air Transportation Quality The CAA refers to the organization (2) Category 2—Does not comply with and Safety Review Program, charges the within a country that has the authority ICAO standards. A country’s CAA does Commander-in-Chief (CINC), United and responsibility to regulate civil not meet ICAO standards for aviation States Transportation Command aviation. The term CAA is used oversight. Operations to the U.S. by a (USTRANSCOM), with ensuring the throughout this part since these carrier from a Category 2 country are establishment of safety requirements requirements are applicable to both U.S. limited to those in effect at the time a and criteria for evaluating civil air and foreign carriers doing business with country is classified as Category 2 and carriers and operators (hereinafter DOD. The term CAA thus includes the are subjected to heightened FAA collectively referred to as ‘‘air carriers’’) U.S. Federal Aviation Administration surveillance. Expansion or changes in providing air transportation and (FAA). services to the U.S. are not permitted operational support services to the (d) Code sharing. Code sharing is a while a country is in Category 2 status Department of Defense (DOD). It also marketing arrangement in which an air unless the carrier arranges to have new charges the CINC with ensuring the carrier places its designator code on a services conducted by an air carrier establishment of a Commercial Airlift flight operated by another air carrier and from a Category 1 country. Category 2 Review Board (CARB) and providing sells tickets for that flight. countries that do not have operations to policy guidance and direction for its (e) DOD approval. DOD approval in the U.S. at the time of the FAA operation. This part establishes DOD the context of this part refers to the assessment are not permitted to quality and safety criteria for air carriers process by which air carriers seeking to commence such operations unless it providing or seeking to provide air provide passenger or cargo airlift arranges to have its flights conducted by transportation and, at the discretion of services (hereinafter referred to as air an air carrier from a Category 1 country. the CARB or higher authority, transportation services) to the DOD (3) Non-rated. A country’s CAA is operational support services to the DOD. must be screened and evaluated by the labeled ‘‘non-rated’’ if it has not been This part also includes the operating DOD Air Carrier Survey and Analysis assessed by the FAA. procedures of the CARB. The CARB has Office or other entity authorized by the (h) GSA City Pair Program. A program the authority to suspend air carriers CARB, and approved for DOD use by the managed by the General Services from DOD use or take other actions CARB. Once initial approval is Administration in which U.S. air when issues of air carrier quality and air obtained, a DOD approved air carrier carriers compete for annual contracts safety arise. must remain in an approved status to be awarding U.S. Government business for eligible for DOD business. Although not specific domestic and international § 861.3 Definitions. generally required, the CARB or higher scheduled service city pair routes. (a) Air carrier. Individuals or entities authority may, on a case-by-case basis, (i) Group travel. Twenty-one or more that operate commercial fixed and require DOD approval of air carriers passengers on orders from the same rotary wing aircraft in accordance with providing operational support services organization traveling on the same date the Federal Aviation Regulations (14 to DOD. to the same destination to attend the CFR Chapter I) or equivalent regulations (f) DOD air carrier safety and quality same function. issued by a country’s Civil Aviation review process. Includes four possible (j) Letter of Warning. A notice to a Authority (CAA) and which provide air levels of review with increasing DOD approved air carrier of a failure to transportation or operational support authority. The responsibilities of each satisfy safety or airworthiness services. Commercial air carriers under are described in more detail in the requirements which, if not remedied, contract with, or operating on behalf of reference in § 861.1 (b). These levels may result in temporary nonuse or the DOD shall have a FAA or CAA consist of the: suspension of the air carrier by the certificate. (1) DOD Air Carrier Survey and DOD. Issuance of a Letter of Warning is (b) Air transportation services. The Analysis Office; not a prerequisite to a suspension or transport of DOD personnel or cargo by (2) DOD Commercial Airlift Review other action by the CARB or higher DOD fixed or rotary wing commercial aircraft, Board (CARB); authority. where such services are acquired (3) Commander-in-Chief, U.S. (k) On-site Capability Survey. The primarily for the transportation of DOD Transportation Command, or most comprehensive evaluation personnel and cargo, through donation USCINCTRANS; and performed by DOD’s Air Carrier Survey or any form of contract, tender, blanket (4) Secretary of Defense. (Note: A and Analysis Office. Successful ordering agreement, Government charge DOD-level body, the Commercial Airlift completion of this evaluation is card, Government or commercial Review Authority, or CARA, provides required of most air carriers before they transportation request (TR), bill of advice and recommendations to the may be approved to provide air lading, or similar instruments. Air Secretary of Defense.) transportation services to DOD. Once transportation services also include (g) Federal Aviation Administration approved, air carriers are subject to medical evacuation services, (FAA) International Safety Assessment periodic On-site Capability Surveys, as

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specified at Enclosure 3 in the reference Normally, temporary nonuse will be for services to DOD. However, in the event in § 861.1(b). a period of 30 days or less. However, by concerns relating to the safety of such a (l) Operational support services. mutual agreement of the CARB and the carrier arise, the CARB or higher Missions performed by air carriers that air carrier involved, a suspension authority may, on a case-by-case basis, use fixed or rotary-winged aircraft to hearing or decision may be delayed and direct an appropriate level of oversight provide services other than air the air carrier continued in a temporary under the authority of this part. transportation services as defined in nonuse status for an extended period of (b) Applicability. (1) The evaluation, paragraph (b) of this section. Examples time. quality and safety criteria and include, but are not limited to, range (r) Voluntarily provided safety-related requirements set forth in this part apply instrumentation and services, target- information. Information which consists to air carriers providing or seeking to towing, sling loads, and electronic of nonfactual safety-related data, provide air transportation services to countermeasures target flights. Air reports, statements, and other DOD. carriers providing only operational information provided to DOD by an air (2) Foreign air carriers performing support services do not require advance carrier at any point in the evaluation portions of GSA City Pair routes DOD approval and are not subject to the process described in this Part. It does awarded to U.S. air carriers under a initial or periodic on-site survey not include factual safety-related code-sharing arrangement, as well as requirements under this part, unless information, such as statistics, foreign air carriers providing directed by the CARB or higher maintenance reports, training records, individually-ticketed passenger service authority. All air carriers providing flight planning information, and the to DOD personnel traveling on official operational support services to DOD like. business, may be subject to limited must have a FAA or CAA certificate and oversight and review pursuant to § 861.4 DOD air transportation quality and § 861.6. are required to maintain applicable FAA safety requirements. or CAA standards absent deviation (3) The inspection and oversight authority obtained pursuant to 14 CFR (a) General. The DOD, as a customer requirements, as well as the quality and 119.55 or similar CAA rules. of air transportation and operational safety criteria of this part may, on a (m) Performance assessments. support services, expects air carriers case-by-case basis and at the discretion Reviews conducted by U.S. air carriers used by DOD to employ programs and of the CARB or higher authority, be when evaluating foreign air carriers business practices that not only ensure applied to air carriers seeking to provide with which they have code share good service but also enhance the safety, or providing operational support arrangements, using performance-based operational, and maintenance standards services as defined in § 861.3(l). factors. Such assessments include established by applicable Civil Aviation (4) The inspection and oversight reviewing a variety of air carrier data Authority (CAA) regulations. requirements of this part do not apply including history, safety, scope/size, Accordingly, and as required by the to aircraft engaged in medical transport financial condition, equipment, flight references in § 861.1 (a) and (b), the services if procured under emergency DOD has established a set of quality and operations and airworthiness issues. conditions to save life, limb or eyesight. (n) Performance evaluations. Reviews safety criteria and requirements that Likewise, the inspection and oversight conducted by DOD as directed in the reflect the type programs and practices requirements of this part are not references in § 861.1(a) and (b). These DOD seeks from air carriers providing applicable when DOD is not involved in evaluations include a review of air services to DOD. Air carriers must meet the procurement of the medical carrier flight operations, maintenance and maintain these requirements in transportation services. For example, departments, safety programs and other order to be eligible for DOD business. when specific medical treatment is air carrier areas as necessary. Air carriers providing air transportation obtained on an individual basis by or for Performance evaluations are not services to DOD either directly by DOD personnel with medical conducted on-site, but rely on contract or agreement, or indirectly transportation provided, as needed, at information collected primarily from the through the General Services the direction of the non-DOD medical FAA and the National Transportation Administration (GSA) City Pair Program care giver. This includes situations Safety Board (NTSB). or some other arrangement, must be where DOD, through TRICARE or (o) Preflight safety inspection. A approved by DOD prior to providing otherwise, pays for such transportation visual safety inspection of the interior such services and remain in an as part of the costs of medical services and exterior of an air carrier’s aircraft approved status throughout the contract, provided. performed by DOD personnel in agreement, or arrangement performance (c) Scope and nature of the evaluation accordance with the references in period. This approval entails successful program—(1) Evaluation requirement. § 861.1(a) and (b). completion of initial and recurring on- The provision of air transportation (p) Suspension. The exclusion of an site surveys as well as periodic services under a contract or agreement air carrier from providing services to the performance evaluations in accordance with or on behalf of DOD, requires the DOD. The period of suspension will with the reference in § 861.1(b). The successful completion of an initial on- normally: quality and safety criteria and site survey and approval by the CARB (1) Remain in effect until the air requirements set forth in this part under this part in order to be eligible for carrier furnishes satisfactory evidence complement rather than replace the DOD business. In addition, U.S. air that the conditions causing the CAA criteria applicable to air carriers. carriers awarded contracts under the suspension have been remedied and has Air carriers normally remain fully GSA City Pair Program, including those been reinstated by the CARB, or; subject to applicable CAA regulations that perform part of the contract under (2) Be for a fixed period of time as (CARs) while performing business for a code-sharing arrangement with the determined at the discretion of the the DOD, even when the aircraft U.S. air carrier awarded the contract, CARB. involved is used exclusively for DOD must successfully complete an initial (q) Temporary nonuse. The immediate missions. The inspection and oversight on-site survey and be approved by the exclusion of a DOD approved air carrier criteria set forth in this part do not, as CARB for DOD use under this part prior from providing services to the DOD a general rule, apply to air carriers to beginning performance of the GSA pending a decision on suspension. providing only operational support contract. Once approved by DOD, air

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carriers providing air transportation commercial operator certificates and Weekly flight activity is normally services are subject to recurring on-site shall remain under FAA and/or CAA considered continuous, while sporadic surveys and performance evaluations regulatory and safety oversight during or seasonal operations (if such and assessments throughout the performance of the DOD mission. operations are the only operations duration of the relevant contract or Aircraft performing services for or on conducted by the carrier) may not agreement. The frequency and scope of behalf of DOD shall be on the air suffice to establish a carrier’s ability to these surveys and performance reviews carrier’s operating certificate, and perform and support services in the will be in accordance with Enclosure 3 remain on that certificate while sustained, safe, reliable, and regular of the reference in § 861.1(b). performing the DOD mission. The manner required by DOD. The ability of (2) Office of primary responsibility. installation of any special equipment a carrier to perform services of the type Evaluations are performed by the DOD needed to perform services for DOD sought by DOD may be called into Air Carrier Survey and Analysis Office shall be FAA or CAA approved or an question if there have been lengthy located at Scott Air Force Base, Illinois. appropriate FAA or CAA waiver periods of time during the qualifying The mailing address of this office is HQ obtained. period in which the carrier has not AMC/DOB, 402 Scott Drive Unit 3A1, (e) Evaluation requirements. The air operated such services. Consequently, Scott AFB IL 62225–5302. The website carrier requirements stated in this part any cessation, or nonperformance of the address is https://public.scott.af.mil/ provide the criteria against which type of service for which approval is hqamc/dob/index.htm. would-be DOD and GSA City Pair sought may, if it exceeds 30 days in (3) Items considered in the evaluation Program air carrier contractors, as well length during the qualifying period and process. The specifics of the applicable as air carriers providing services on depending on the underlying factual DOD contract or agreement (if any), the behalf of DOD, may be subjectively circumstances, necessitate ‘‘restarting’’ applicable CAA regulations, and the evaluated by DOD. These requirements the 12-month continuous service period experienced judgment of DOD are neither all-inclusive nor inflexible in needed to obtain DOD approval. personnel will be used to evaluate an air nature. They are not replacements for (iii) ‘‘Equivalent to the services sought carrier’s capability to perform services the certification criteria and other by DOD’’ means service offered to for DOD. The survey may also include, regulations established by the CAA. qualify for DOD approval must be with the air carrier’s coordination, Rather, these requirements complement substantially equivalent to the type of observation of cockpit crew CAA certification criteria and service sought by DOD. The prior performance, as well as ramp regulations and describe the enhanced experience must be equivalent in inspections of selected company level of service required by DOD. The difficulty and complexity with regard to aircraft. In the case of air carriers relative weight accorded these the distances flown, weather systems seeking to provide air transportation requirements in a given case, as well as encountered, international and national services, after satisfactory completion of the determination of whether an air procedures, the same or similar aircraft, the initial survey and approval by the carrier meets or exceeds them, is a schedule demands, aircrew experience, CARB as a DOD air carrier, follow-up matter within the sole discretion of the number of passengers handled, surveys will be conducted on a DOD Air Carrier Survey and Analysis frequency of operations, and recurring basis and when otherwise Office and the CARB, subject to the management required. There is not a set required to validate adherence to DOD statutory minimums provided in the formula for determining whether a quality and safety requirements. DOD reference in § 861.1(a). particular type of service qualifies. The personnel will also assess these quality (1) Quality and safety requirements— performance of cargo services is not and safety requirements when prior experience. U.S. and foreign air considered to be ‘‘substantially conducting periodic air carrier carriers applying for DOD approval in equivalent’’ to the performance of performance evaluations. The size of an order to conduct air transportation passenger services, and may not be used air carrier, along with the type and services for or on behalf of DOD under to meet the 12 continuous months scope of operations will be considered a contract or agreement with DOD, the requirement for passenger services. during the on-site survey. For example, GSA City Pair Program, or by some However, when a carrier already while an air taxi operator may not have other arrangement are required to providing cargo services to DOD applies a formal flight control function, such as possess 12 months of continuous service to carry passengers, the CARB may a 24-hour dispatch organization, that equivalent to the service sought by consider the carrier’s cargo performance same air taxi operator is expected to DOD. In applying this requirement, the demonstrate some type of effective flight following guidance will be used by DOD and experience in assessing whether a following capability. On the other hand, authorities: carrier is qualified to carry passengers a major air carrier is expected to have (i) ‘‘12 months’’ refers to the 12 on a specific type or category of aircraft, a formal flight control or dispatch calendar months immediately preceding over certain routes or stage lengths, or function. Both, however, will be the request for DOD approval. under differing air traffic control, evaluated based on the effectiveness and (ii) ‘‘Continuous’’ service means the weather, or other conditions. The quality of whatever flight following carrier must have performed revenue- following examples are illustrative and function they do maintain. In the case generating services of the nature for not intended to reflect or predict CARB of air carriers seeking to provide which DOD approval is sought, as an action in any given case: operational support services, the type, FAA Part 121, 125, 127, or 135 (14 CFR Example 1: Coyote Air has operated scope and frequency of evaluation, if 121, 125, 127, or 135) air carrier (or commercial passenger commuter operations any, performed by DOD or other entity foreign CAA equivalent if appropriate) in the U.S. for a number of years flying a will be as directed by the CARB or on a recurring, substantially variety of twin-engine turboprop aircraft. uninterrupted basis. The services must They have also been a DOD-approved cargo higher authority. carrier, providing international cargo services (d) Status of aircraft performing have occurred with such frequency and using DC–10 freighter aircraft. Coyote Air services for DOD. All air carriers regularity as to clearly demonstrate the purchases a passenger version DC–10, and providing air transportation or carrier’s ability to perform and support seeks DOD approval to provide international operational support services to the DOD sustained, safe, reliable, and regular passenger service for DOD. The CARB may shall have FAA or CAA air carrier or services of the type DOD is seeking. decide that although Coyote Air has provided

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passenger services for 12 continuous months, implemented. Audit results are and management attention to properly those services are not substantially analyzed in order to determine the qualify these personnel are required. equivalent to those being sought by DOD. cause, not just the symptom, of any (iv) Aircrew training. Training, While the carrier may have considerable deficiency. The result of sound fiscal including recurrent training, which operational experience with the DC–10, its policy is evident throughout the develops and refines skills designed to commuter passenger operations are not substantially equivalent to the service now company. Foreign code-sharing air eliminate mishaps and improve safety, proposed—international passenger services carrier partners are audited at least is essential to a quality operation. Crew on large jet aircraft. every two years using DOD-approved coordination training that facilitates full Example 2: Acme Air has been a DOD- criteria and any findings resolved. cockpit crews training and full crew approved cargo carrier for several years, Comprehensive disaster response plans interaction using standardized operating domestic and international and, where applicable, family support procedures and including the principles missions with MD–11 freighter aircraft. At plans, must be in place and exercised on of Crew Resource Management (CRM) is the same time, Acme has been performing a regular basis. required. Programs involving the use of commercial international passenger services (3) Quality and safety requirements— simulators or other devices that can with B–757 aircraft. Acme Air purchases a operations—(i) Flight safety. Established provide realistic training scenarios are MD–11 passenger aircraft and applies to perform passenger services for DOD using the policies that promote flight safety. desired. Captain and First Officer MD–11. Assuming Acme has performed B– These policies are infused among all training objectives cultivate similar 757 passenger service for 12 continuous aircrew and operational personnel who levels of proficiency. Appropriate months immediately preceding its translate the policies into practice. New emergency procedures training (e.g., application, the CARB may consider these or revised safety-related data are evacuation procedures) is provided to passenger services substantially equivalent to promptly disseminated to affected flight deck and flight attendant those proposed since both involve the personnel who understand that personnel as a total crew whenever operation of large multi-engine aircraft in an deviation from any established safety possible; such training focuses on international environment. The CARB may policy is unacceptable. An audit system cockpit and cabin crews functioning as also consider Acme’s operational history that detects unsafe practices is in place a coordinated team during emergencies. with its MD–11 freighter aircraft in determining whether the carrier is competent and a feedback structure informs Crew training—be it pilot, engineer, or to provide MD–11 passenger service in the management of safety policy results flight attendant—is appropriate to the same environment. including possible safety problems. level of risk and circumstances Management ensures that corrective anticipated for the trainee. Training (iv) Once approved by DOD, an air actions resolve every unsafe condition. programs have the flexibility to carrier’s failure to maintain continuous (ii) Flight operations. Established incorporate and resolve recurring operations of the type for which flight operations policies and problem areas associated with day-to- approval has been granted may, at the procedures are up-to-date, reflect the day flight operations. Aeromedical discretion of the CARB, be grounds for current scope of operations, and are crews must also be trained in handling nonuse or suspension under this part, clearly defined to aviation department the specific needs of the categories of rendering the carrier ineligible for DOD employees. These adhered-to patients normally accepted for business during the nonuse or procedures are further supported by a transportation on the equipment to be suspension period. Any cessation or flow of current, management-generated used. Trainers are highly skilled in both nonperformance of the type of service safety and operational communications. subject matter and training techniques. for which approval has been obtained Managers are in touch with mission Training received is documented, and may, if it exceeds 30 days in length and requirements, supervise crew selection, that documentation is maintained in a depending on the circumstances, and ensure the risk associated with all current status. provide the basis for the CARB to take flight operations is reduced to the (v) Captain upgrade training. A appropriate action. lowest acceptable level. Flight crews are selection and training process that (2) Quality and safety requirements— free from undue management pressure considers proven experience, decision air carrier management. Management and are comfortable with exercising making, crew resource management, has clearly defined safety as the number their professional judgment during and response to unusual situations, one company priority, and safety is flight activities, even if such actions do including stress and pressure, is never sacrificed to satisfy passenger not support the flight schedule. required. Also important is emphasis on concern, convenience, or cost. Policies, Effective lines of communication permit captain responsibility and authority. procedures, and goals that enhance the feedback from line crews to operations (vi) Aircrew scheduling. A closely CAA’s minimum operations and managers. Personnel records are monitored system that evaluates maintenance standards have been maintained and reflect such data as operational risks, experience levels of established and implemented. A experience, qualifications, and medical crewmembers, and ensures the proper cooperative response to CAA status. pairing of aircrews on all flights is inspections, critiques, or comments is (iii) Flight crew hiring. Established required. New captains are scheduled demonstrated. Proper support procedures ensure that applicants are with highly experienced first officers, infrastructure, including facilities, carefully screened, including a review and new or low-time first officers are equipment, parts, and qualified of the individual’s health and suitability scheduled with experienced captains. personnel, is provided at the certificate to perform flight crew duties. Except for aircraft new to the company, holder’s primary facility and en route Consideration is given to the applicant’s captains and first officers assigned to stations. Personnel with aviation total aviation background, appropriate DOD charter passenger missions possess credentials and experience fill key experience, and the individual’s at least 250 hours combined experience management positions. An internal potential to perform safely. Freedom in the type aircraft being operated. The quality audit program or other method from alcohol abuse and illegal drugs is scheduling system involves an capable of identifying in-house required. If new-hire cockpit established flight duty time program for deficiencies and measuring the crewmembers do not meet industry aircrews, including flight attendants, company’s compliance with their stated standards for experience and carefully managed so as to ensure policies and standards has been qualification, then increased training proper crew rest and considers quality-

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of-life factors. Attention is given to the (4) Quality and safety requirements— required. Also required is a system to stress on aircrews during strikes, maintenance. Maintenance supervisors evaluate contract vendors, suppliers, mergers, or periods of labor- ensure all personnel understand that in and their products. Inspection management difficulties. spite of scheduling pressure, peer personnel are identified, trained (initial (vii) In-flight performance. Aircrews, pressure, supervisory pressure, or other and recurrent), and provided guidance including flight attendants and flight factors, the airplane must be airworthy regarding inspector responsibility and medical personnel, are fit for flight prior to flight. Passenger and employee authority. The inspection activity is duties and trained to handle normal, safety is a paramount management normally a separate entity within the abnormal, and emergency situations. concern. Quality, completeness, and maintenance department. They demonstrate crew discipline and a integrity of work are trademarks of the (iv) Maintenance training. Training is knowledge of aviation rules; use maintenance manager and maintenance conducted commensurate with the size company-developed standardized department. Nonconformance to and type of maintenance function being procedures; adhere to checklists; and established maintenance practices is not performed. Continuing education and emphasize safety, including security tolerated. Management ensures that progressive experience are provided for considerations, throughout all preflight, contracted maintenance, including all maintenance personnel. Orientation, in-flight, and postflight operations. repair and overhaul facilities, is familiarization, on-the-job, and Qualified company personnel evaluate performed by maintenance appropriate recurrent training for all full aircrews and analyze results; known organizations acceptable to the CAA. and part-time personnel are expected. performance deficiencies are (i) Maintenance personnel. Air The use of such training aids as eliminated. Evaluations ensure aircrews carriers are expected to hire and train mockups, simulators, and computer- demonstrate aircraft proficiency in the number of employees required to based training enhances maintenance accordance with company established safely maintain the company aircraft training efforts and is desired. Training standards. Flight crews are able to and support the scope of the documentation is required; it is current, determine an aircraft’s maintenance maintenance operations both at home complete, well maintained, and condition prior to flight and use station (the company’s primary facility) correctly identifies any special standardized methods to accurately and at en route locations. These authorization such as inspection and report aircraft deficiencies to the personnel ensure that all maintenance airworthiness release. Trainers are fully maintenance activity. tasks, including required inspections qualified in the subject manner. (viii) Operational control/support. and airworthiness directives, are (v) Maintenance control. A method to Effective mission control includes performed; that maintenance actions are control maintenance activities and track communications with aircrews and the properly documented; and that the aircraft status is required. Qualified capability to respond to irregularities or discrepancies identified between personnel monitor maintenance difficulties. Clear written procedures for inspections are corrected. Mechanics are preplanning, ensure completion of mission preparation and flight following fit for duty, properly certificated, the maintenance actions, and track deferred aircraft and aircrews are provided. company verifies certification, and these discrepancies. Deferred maintenance There is access to weather, flight personnel possess the knowledge and actions are identified to supervisory planning, and aircraft maintenance data. the necessary aircraft-specific personnel and corrected in accordance There are personnel available who are experience to accomplish the with the criteria provided by the knowledgeable in aircraft performance maintenance tasks. Noncertified and manufacturer or regulatory agency. and mission requirements and that can inexperienced personnel received Constant and effective communications correctly respond to emergency proper supervision. Freedom from between maintenance and flight situations. There is close interface alcohol abuse and illegal drugs is operations ensure an exchange of between operations and maintenance, required. critical information. ensuring a mutual awareness of aircraft (ii) Quality assurance. A system that (vi) Aircraft maintenance program. operational and maintenance status. continuously analyzes the performance Aircraft are properly certified and Procedures to notify DOD in case of an and effectiveness of maintenance maintained in a manner that ensures accident or serious incident have been activities and maintenance inspection they are airworthy and safe. The established. Flight crews involved in programs is required. This system program includes the use of such accidents or incidents report the evaluates such functions as reliability manufacturer’s and CAA information, as situation to company personnel who, in reports, audits, component tear-down well as company policies and turn, have procedures to evaluate the reports, inspection procedures and procedures. Airworthiness directives are flight crew’s capability to continue the results, tool calibration program, real- complied with in the prescribed time mission. Aircraft involved in accidents time aircraft maintenance actions, frame, and service bulletins are or incidents are inspected in accordance warranty programs, and other evaluated for applicable action. with Civil Aviation Regulations and a maintenance functions. The extent of Approved reliability programs are determination made as to whether or this program is directly related to the air proactive, providing management with not the aircraft is safe for continued carrier’s size and scope of operation. visibly on the effectiveness of the operations. The cause of any recurring discrepancy maintenance program; attention is given (ix) DOD charter procedures. Detailed or negative trend is researched and to initial component and older aircraft procedures addressing military charter eliminated. Action is taken to prevent inspection intervals and to deferred requirements are expected. The level of recurrence of these discrepancies and maintenance actions. Special tools and risk associated with DOD charter preventive actions are monitored to equipment are calibrated. missions does not exceed the risks ensure effectiveness. The results of (vii) Maintenance records. inherent in the carrier’s non-DOD daily preventive actions are provided to Maintenance actions are well flight operations. Complete route appropriate maintenance technicians. documented and provide a complete planning and airport analyses are (iii) Maintenance inspection activity. record of maintenance accomplished accomplished, and actual passenger and A process to ensure required aircraft and, for repetitive actions, maintenance cargo weights are used in computing inspections are completed and the required. Such records as aircraft log aircraft weight and balance. results properly documented is books and maintenance documentation

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are legible, dated, clean, readily a commuter or foreign air carrier with (d) Quality and safety issues relating identifiable, and maintained in an which it has a code-sharing to air carriers used, or proposing to be orderly fashion. Inspection compliance, arrangement, must have a formal used, by DOD, per reference (b) must be airworthiness release, and maintenance procedure in place to periodically referred to the CARB for appropriate release records, etc., are completed and review and assess the code-sharing air disposition. signed by approved personnel. carrier’s safety, operations, and (e) CARB responsibilities. As detailed (viii) Aircraft appearance. Aircraft maintenance programs. The extent of in the reference in § 861.1(b), the CARB exteriors, including all visible surfaces such reviews and assessments must be provides a multifunctional review of the and components, are clean and well consistent with, and related to, the efforts of the DOD Air Carrier Survey maintained. Interiors are also clean and code-sharing air carrier’s safety history. and Analysis Office and is the first level orderly. Required safety equipment and These procedures must also provide for decision authority in DOD on quality systems are available and operable. actual inspections of the foreign code- and safety issues relating to air carriers. (ix) Fueling and servicing. Aircraft sharing air carrier if the above reviews Responsibilities include, but are not fuel is free from contamination, and and assessments indicate questionable limited to: the review and approval or company fuel facilities (farms) are safety practices. disapproval of air carriers seeking initial inspected and results documented. (8) Quality and safety requirements— approval to provide air transportation Procedures and instructions pertaining aeromedical transport requirements. (i) service to DOD; the review and approval to servicing, handling, and storing fuel The degree of oversight is as determined or disapproval of air carriers in the and oil meet established safety by the CARB or higher authority. When program that do not meet DOD quality standards. Procedures for monitoring an inspection is conducted, DOD and safety requirements; the review and and verifying vendor servicing practices medical personnel may also participate approval or disapproval of air carriers in are included in this program. to assess the ability to provide the the program seeking to provide a class (x) Maintenance manuals. Company patient care and any specialty care of service different from that which they policy manuals and manufacturer’s required by DOD. The CARB’s review are currently approved; taking action to maintenance manuals are current, will be limited solely to issues related suspend, reinstate, or place into available, clear, complete, and adhered to flight safety. temporary nonuse or extended to by maintenance personnel. These temporary nonuse, DOD approved (ii) Portable Electronic Devices (PEDs) manuals provide maintenance carriers; taking action, on an as needed used in the provision of medical personnel with standardized procedures basis, to review, suspend, reinstate, or services or treatment on board aircraft for maintaining company aircraft. place into temporary nonuse or are tested for non-interference with Management policies, lines of authority, extended temporary nonuse, an air aircraft systems and the results and company maintenance procedures carrier providing operational support documented to show compliance with are documented in company manuals services to DOD; and, referring with 14 CFR 91.21 or other applicable CAA and kept in a current status. recommendations, issues requiring regulations. If there are no CAA (xi) Maintenance facilities. Well resolution or other action by higher maintained, clean maintenance regulations, actual use/inflight testing of authority. facilities, adequate for the level of the same or similar model PED prior to (f) CARB administrative procedures.— aircraft repair authorized in the use with DOD patients is the minimum (1) Membership. The CARB will consist company’s CAA certificate are expected. requirement. of four voting members appointed by Safety equipment is available in § 861.5 DOD Commercial Airlift Review USCINCTRANS from USTRANSCOM hangars, shops, etc., and is serviceable. Board procedures and its component commands. These Shipping, receiving, and stores areas are members and their alternates will be (a) This section establishes likewise clean and orderly. Parts are general officers or their civilian procedures to be used by the DOD correctly packaged, tagged, segregated, equivalent, with experience in the when, in accordance with references and shelf life properly monitored. operations, maintenance, transportation, in§ 861.1(a) and (b): (5) Quality and safety requirements— or air safety fields. A Chairman and security. Company personnel receive (1) An air carrier is subject to review alternate will be designated. Nonvoting training in security responsibilities and or other action by the DOD Commercial CARB members will be appointed as practice applicable procedures during Airlift Review Board, or CARB; necessary by USCINCTRANS. A non- ground and in-flight operations. (2) A warning, suspension, temporary voting recorder will also be appointed. Compliance with provisions of the nonuse, or reinstatement action is (2) Decisions. Decisions of the CARB appropriate standard security program, considered or taken against a carrier by will be taken by a majority vote of the established by the Transportation the CARB; or voting members present, with a Security Administration or foreign (3) An issue involving an air carrier is minimum of three voting members (or equivalent, is required for all DOD referred by the CARB to higher authority their alternates) required to constitute a missions. for appropriate action. quorum. In the event of a tie, the Chair (6) Quality and safety requirements— (b) These procedures apply to air of the CARB will decide the issue. specific equipment requirements. Air carriers seeking to provide or already (3) Meetings of the CARB. The CARB carriers satisfy DOD equipment and providing air transportation services to may meet either in person or by some other requirements as specified in DOD DOD. It also applies to U.S. or foreign electronic means. It will be convened by agreements. air carriers providing operational either USCINCTRANS or the Chair of (7) Quality and safety requirements— support services to DOD which, on a the CARB. The meeting date, time, and oversight of commuter or foreign air case-by-case basis and at the discretion site of the CARB will be determined at carriers in code-sharing agreements. Air of the CARB or higher authority, require the time of the decision to convene the carriers awarded a route under the some level of oversight by DOD. CARB. Minutes of CARB meetings will Passenger Standing Route Order (PSRO) (c) An air carrier’s sole remedy in the be taken by the recorder, summarized, program, the GSA City Pair Program, or case of a suspension decision by the and preserved with all other records other DOD program, that includes CARB is the appellate process under relating to the CARB meeting. The performance of a portion of the route by this part. recorder will ensure the air carrier and

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appropriate DOD and federal agencies (v) Air carriers shall have the burden USCINCTRANS to the Under Secretary are notified of the CARB’s decision(s) of proving their suitability to safely of Defense (Acquisition, Technology and reasons therefore. In the event of a perform DOD air transportation and/or and Logistics) (USD(AT&L)), all air fatal accident, the CARB shall convene operational support services by clear carrier use/nonuse recommendations as soon as possible but not later than 72 and convincing evidence. involving foreign air carriers other than hours after notification by the Chair. (vi) After the conclusion of such those providing charter transportation (g) CARB operating procedures.—(1) hearing, or if no hearing is requested or operational support service to the Placing an air carrier into temporary and attended by the air carrier within Department of Defense. nonuse. (i) In case of a fatal aircraft the time specified by the CARB, the accident or for other good cause, two or CARB shall consider the matter and § 861.6 DOD review of foreign air carriers. more voting members of the CARB may make a final decision whether or not to Foreign air carriers providing or jointly make an immediate suspend the air carrier or to impose seeking to provide services to DOD shall determination whether to place the air such lesser sanctions as appropriate. be subject to review and, if appropriate, carrier involved into a temporary The air carrier will be notified of the approval by DOD. Application of the nonuse status pending suspension CARB’s decision. criteria and requirements of this part proceedings. Prior notice to the air (3) Reinstatement. (i) The CARB may and the degree of oversight to be carrier is not required. consider reinstating a suspended carrier exercised by DOD, if any, over a foreign (ii) The carrier shall be promptly on either CARB motion or carrier air carrier depends upon the type of notified of the temporary nonuse motion, unless such carrier has become services performed and, in some determination and the basis therefore. ineligible in the interim. instances, by the quality of oversight (iii) Temporary nonuse status (ii) The carrier has the burden of exercised by the foreign air carrier’s terminates automatically if suspension proving by clear and convincing CAA. The scope and frequency of the proceedings are not commenced, as set evidence that reinstatement is review of any given foreign air carrier out in paragraph (g)(2) of this section, warranted. The air carrier must satisfy under this part will be at the discretion within 30 days of inception unless the the CARB that the deficiencies, which of the CARB or higher authority. CARB and air carrier mutually agree to led to suspension, have been corrected (a) Foreign air carriers seeking to extend the temporary nonuse status. and that action has been implemented provide or providing air transportation (2) Suspension of an air carrier. (i) On to preclude the recurrence of similar services under a contract or Military Air a recommendation of the DOD Air deficiencies. Transportation Agreement with DOD, or Carrier Survey and Analysis Office or (iii) Air carrier evidence in support of pursuant to another arrangement any individual voting member of the reinstatement will be provided in a entered into by, or on behalf of, DOD. CARB, the CARB shall consider whether timely manner to the CARB for its Foreign air carriers seeking to provide or or not to suspend a DOD approved air review. The CARB may independently providing air transportation services carrier. corroborate the carrier-provided under a contract or Military Air (ii) If the CARB determines that evidence and may, at its option, Transportation Agreement with DOD, suspension may be appropriate, it shall convene a hearing and request the must meet all requirements of § 861.4, notify the air carrier that suspension participation of the air carrier. and be approved by the CARB in action is under consideration and of the (4) Appeal of CARB decisions. (i) An accordance with § 861.5. This includes basis for such consideration. The air air carrier placed in suspension by the foreign air carriers seeking to provide, or carrier will be offered a hearing within CARB may administratively appeal this providing, airlift services to DOD 15 days of the date of the notice, or action to USCINCTRANS. An appeal, if personnel pursuant to an arrangement other such period as granted by the any, must be filed in writing, with the entered into by another federal agency, CARB, at which the air carrier may be DOD Air Carrier Survey and Analysis state agency, foreign government, present and may offer evidence. The Office, and postmarked within 15 international organization, or other hearings shall be as informal as workdays of receipt of notice of the entity or person on behalf of, or for the practicable, consistent with CARB’s suspension decision. In the sole benefit of, DOD, regardless of whether administrative due process. Formal discretion of USCINCTRANS, and for DOD pays for the airlift services rules of evidence do not apply. good cause shown, the suspension may provided. For purposes of establishing (iii) The types of evidence which may be stayed pending action on the appeal. the degree of oversight and review to be be considered includes, but is not (ii) Air carriers shall not be entitled to conducted under the DOD Commercial limited to: a de novo hearing or personal Air Transportation Quality and Safety (A) Information and analysis provided presentation before the appellate Review Program, such foreign air by the DOD Air Carrier Survey and authority. carriers are considered the same as U.S. Analysis Office. (iii) The decision of the appellate carriers. In addition, they must have an (B) Information submitted by the air authority is final and is not subject to operating certificate issued by the carrier. further administrative review or appeal. appropriate CAA using regulations (C) Information relating to action that (5) Referral of issues to higher which are the substantial equivalent of may have been taken by the air carrier authorities. The approval or disapproval those found in the U.S. FARs, and must to: of an air carrier for use by DOD, the maintain such certification throughout (1) Correct the specific deficiencies placing of approved carriers into the term of the contract or agreement. that led the CARB to consider temporary nonuse status, and the The CAA responsible for exercising suspension; and suspension and reinstatement of oversight of the foreign air carrier must (2) Preclude recurring similar approved carriers, are all decisions meet ICAO standards as determined by deficiencies. which must be made by the CARB. ICAO, or the FAA under the FAA’s (D) Other matters the CARB deems Other matters may be referred by the International Aviation Safety relevant. CARB to USCINCTRANS for Assessment Program. (iv) The CARB’s decisions on the appropriate action, with or without (b) Foreign air carriers providing reception or exclusion of evidence shall recommendations by the CARB. The passenger services under the GSA City be final. CARB will forward for decision, through Pair Program. Foreign air carriers

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performing any portion of a route appropriate Combatant Commander, no ACTION: Notice of temporary deviation awarded to a U.S. air carrier under the acceptable alternative to using the from regulations. GSA City Pair Program pursuant to a carrier exists and the travel is mission code-sharing agreement with that U.S. essential. SUMMARY: The Commander, First Coast air carrier, are generally not subject to (f) Foreign carriers providing Guard District, has issued a temporary DOD survey and approval under operational support services to DOD. deviation from the drawbridge operation §§ 861.4 and 861.5. However, DOD will Such carriers are subject to DOD regulations for the Brightman Street periodically review the performance of oversight, on a case-by-case basis, to the Bridge, mile 1.8, across the Taunton such foreign carriers. This review may extent directed by the CARB or higher River between Fall River and Somerset, consist of recurring performance authority. Massachusetts. This deviation from the evaluations, periodic examination of the § 861.7 Disclosure of voluntarily provided regulations allows the bridge to open U.S. code-sharing carrier’s operational safety-related information. only one lift span for the passage of reviews and assessments of the foreign vessel traffic from 9 p.m. on November carrier and, where appropriate and (a) General. In accordance with paragraph (h) of the reference in § 861.1 8, 2002 through 4 p.m. on November 22, agreed to by the air carriers concerned 2002. During this deviation the Fall and DOD, on-site surveys of the foreign (a), DOD may withhold from public disclosure safety-related information River lift span will remain in the closed air carrier. Such carriers must also meet position for vessel traffic and the the 12 months prior experience voluntarily provided to DOD by an air carrier for the purposes of this Part if Somerset lift span will be fully requirement of § 861.4(e)(1). The CARB operational at all times. This deviation or higher authority may prescribe DOD determines that— (1) The disclosure of the information is necessary to facilitate scheduled additional review requirements. Should would, in the future, inhibit an air maintenance at the bridge. circumstances warrant, use of these air carrier from voluntarily providing such carriers by DOD passengers on official DATES: This deviation is effective from information to DOD or another Federal business may be restricted or prohibited November 8, 2002 through November agency for the purposes of this Part or as necessary to assure the highest levels 22, 2002. for other air safety purposes; and of passenger safety. (2) The receipt of such information FOR FURTHER INFORMATION CONTACT: John (c) Other foreign air carriers carrying generally enhances the fulfillment of W. McDonald, Project Officer, First individually ticketed DOD passengers responsibilities under this Part or other Coast Guard District, at (617) 223–8364. on official business. Foreign air carriers air safety responsibilities involving DOD carrying individually ticketed DOD SUPPLEMENTARY INFORMATION: The bridge or another Federal agency. passengers on official business are not (b) Processing requests for disclosure owner, Massachusetts Highway subject to DOD survey and approval of voluntarily provided safety-related Department, requested a temporary under §§ 861.4 and 861.5. However, the information. Requests for public deviation from the drawbridge operating DOD Air Carrier Survey and Analysis disclosure will be administratively regulations to facilitate necessary Division may periodically review the processed in accordance with 32 CFR structural repairs at the bridge, performance of such carriers. Reviews Part 806, Air Force Freedom of replacement of the main floor beam, at may include voluntary on-site surveys Information Act Program. the bridge. as directed by the CARB or higher (c) Disclosure of voluntarily provided Under this deviation the Brightman authority. In the event questions relating safety-related information to other Street Bridge, mile 1.8, across the to the safety and continued use of the agencies. The Department of Defense Taunton River in Massachusetts, will be carrier arise, the matter may be referred may, at its discretion, disclose allowed to open only a single lift span to the CARB for appropriate action. voluntarily provided safety-related for the passage of vessel traffic from 9 (d) Foreign air carriers from countries information submitted under this Part p.m. on November 8, 2002 through 4 in which the CAA is not in compliance by an air carrier, to other agencies with p.m. on November 22, 2002. During this with ICAO standards. Unless otherwise safety responsibilities. The DOD will deviation the Fall River lift span will authorized, use by DOD personnel on provide such information to another remain in the closed position for vessel official business of foreign air carriers agency only upon receipt of adequate traffic and the Somerset lift span will be from countries in which the CAA is not assurances that it will protect the in compliance with ICAO standards is fully operational at all times. information from public disclosure, and prohibited except for the last leg into There have been few requests to open that it will not release such information and the first leg out of the U.S. on such this bridge during the requested time unless specifically authorized. carriers. This includes foreign air period scheduled for these structural carriers performing any portion of a Pamela D. Fitzgerald, repairs in past years. The Coast Guard route awarded to a U.S. air carrier under Air Force Federal Register Liaison Officer. and the bridge owner coordinated this the GSA City Pair Program pursuant to [FR Doc. 02–27087 Filed 10–25–02; 8:45 am] closure with the facilities upstream from a code-sharing agreement with that U.S. BILLING CODE 5001–05–P the bridge and no objections to this air carrier. scheduled closure were received. (e) On-site surveys. The scope of the This deviation from the operating on-site survey of a foreign air carrier DEPARTMENT OF TRANSPORTATION regulations is authorized under 33 CFR will be at the discretion of the CARB. In 117.35, and will be performed with all the event a foreign air carrier denies a Coast Guard due speed in order to return the bridge request made under this part to conduct to normal operation as soon as possible. an on-site survey, the CARB will 33 CFR Part 117 consider all available information and Dated: October 18, 2002. make a use/nonuse recommendation to [CGD01–02–123] V.S. Crea, DOD. If placed in nonuse status by Rear Admiral, Coast Guard, Commander, Drawbridge Operation Regulations: First Coast Guard District. DOD, such air carriers will not be used Taunton River, MA unless, in accordance with the reference [FR Doc. 02–27373 Filed 10–25–02; 8:45 am] in § 861.1 (b), in the judgment of the AGENCY: Coast Guard, DOT. BILLING CODE 4910–15–U

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DEPARTMENT OF TRANSPORTATION period of repair. The Commander, SUPPLEMENTARY INFORMATION: On March Seventh Coast Guard District has 4, 2002, we published in the Federal Coast Guard granted a temporary deviation from the Register (67 FR 9638–9640) a proposed operating requirements listed in 33 CFR rule to amend the adjudication 33 CFR Part 117 117.261(g) to complete emergency regulations to define the terms [CGD07–02–125] repairs to the drawbridge. This ‘‘evidence in the file at date of death’’ deviation, the Memorial Drawbridge, and ‘‘evidence necessary to complete Drawbridge Operation Regulations; mile 830.6 at Daytona, need only open the application’’ for the purpose of Memorial Drawbridge, Atlantic a single leaf, from 6 a.m. until 6 p.m. on accrued benefits. Intracoastal Waterway, Daytona Beach, November 2, 2002 to December 31, We are also correcting a technical Volusia County, FL 2002. A double-leaf opening is available error we made in the second with a 30-minute advance notice to the amendatory language instruction of the AGENCY: Coast Guard, DOT. bridge tender. proposed rule. We proposed to revise ACTION: Notice of temporary deviation Dated: October 16, 2002. ‘‘paragraph (d)(4) introductory text,’’ from regulations. (emphasis added) 67 FR 9640, whereas Greg Shapley, we meant to revise paragraph (d)(4) in SUMMARY: The Commander, Seventh Chief, Bridge Administration Branch, Seventh its entirety (emphasis added). Despite Coast Guard District. Coast Guard District, has approved a the error in the amendatory instruction, temporary deviation from the [FR Doc. 02–27372 Filed 10–25–02; 8:45 am] our intent was clearly indicated in the regulations governing the operation of BILLING CODE 4910–15–U SUPPLEMENTARY INFORMATION discussion the Memorial Drawbridge, across the of the proposed rule. There, we Atlantic Intracoastal Waterway, mile explained that ‘‘38 CFR 3.1000(d)(4) 830.6, Daytona Beach, Florida. This DEPARTMENT OF VETERANS purports to define ‘evidence in the file deviation allows the bridge to only open AFFAIRS at date of death,’’’ but rather provides a single leaf from 6 a.m. until 6 p.m. that VA may accept identifying, from November 2, 2002 until December 38 CFR Part 3 corroborating, or verifying information 31, 2002. A double leaf opening will be RIN 2900–AH42 from certain evidence. 67 FR 9639. available with 30-minutes advance Further, we stated that we proposed ‘‘to notice to the bridge tender. From 6:01 Evidence for Accrued Benefits revise § 3.1000(d)(4) to define ‘evidence p.m. until 5:59 a.m. the bridge will in the file at the (sic) date of death.’’’ 67 remain in the open to navigation AGENCY: Department of Veterans Affairs. FR 9639. Accordingly, in this final rule, position. This temporary deviation is ACTION: Final rule. we revise paragraph (d)(4) in its entirety required to allow the bridge owner to to conform with the explanation given safely complete emergency repairs to SUMMARY: This document amends the in the preamble to the proposed rule. the bridge. Department of Veterans Affairs (VA) We requested interested persons to DATES: This deviation is effective from adjudication regulations dealing with submit comments on or before May 3, 6 a.m. on November 2, 2002 until 6 p.m. accrued benefits, those benefits to 2002. We received no comments. Based on December 31, 2002. which an individual was entitled under on the rationale set forth in the ADDRESSES: Material received from the existing ratings or decisions, or those proposed rule, we are adopting the public, as well as documents indicated based on ‘‘evidence in the file at date of proposed rule as a final rule without in this preamble as being available in death,’’ which were due and unpaid at change. the docket [CGD07–02–125] will the time the individual died. ‘‘Evidence Unfunded Mandates become part of this docket and will be in the file at date of death’’ is now available for inspection or copying at interpreted as evidence in VA’s The Unfunded Mandates Reform Act Commander (obr), Seventh Coast Guard possession on or before the date of the requires, at 2 U.S.C. 1532, that agencies District, 909 S.E. 1st Avenue, Room 432, beneficiary’s death, even if such prepare an assessment of anticipated Miami, FL 33131 between 7:30 a.m. and evidence was not physically located in costs and benefits before developing any 4 p.m., Monday through Friday, except the VA claims folder on or before the rule that may result in an expenditure Federal holidays. date of death. Further, ‘‘evidence by State, local, or tribal governments, in necessary to complete the application’’ FOR FURTHER INFORMATION CONTACT: Mr. the aggregate, or by the private sector of for accrued benefits is now interpreted Barry Dragon, Project Officer, Seventh $100 million or more in any given year. as information necessary to establish Coast Guard District, Bridge at (305) This final rule will have no that the claimant is within the category 415–6743. consequential effect on State, local, or of eligible persons and that tribal governments. SUPPLEMENTARY INFORMATION: The circumstances exist which make the existing regulations for the Memorial claimant the specific person entitled to Paperwork Reduction Act Drawbridge in 33 CFR 117.261(g), the accrued benefits. These amendments This document contains no provisions require the drawbridge to open on reflect our interpretation of the constituting a collection of information signal; except that from 7:45 a.m. to 8:45 governing statute. under the Paperwork Reduction Act (44 a.m. and from 4:45 p.m. to 5:45 p.m., DATES: U.S.C. 3501–3520). Monday through Saturday except Effective Date: November 27, Federal holidays, the draw need open 2002. Executive Order 12866 only at 8:15 a.m. and 5:15 p.m. FOR FURTHER INFORMATION CONTACT: John This document has been reviewed by Volusia county officials notified the Bisset, Jr., Consultant, Regulations Staff, the Office of Management and Budget Coast Guard on October 1, 2002, that Compensation and Pension Service, under Executive Order 12866. they needed to operate the bridge on a Veterans Benefits Administration, 810 single leaf schedule to effect emergency Vermont Avenue, NW, Washington, DC Regulatory Flexibility Act repairs. The drawbridge will be closed 20420, telephone (202) 273–7213. This The Secretary certifies that the to vehicular traffic during the entire is not a toll-free number. adoption of the final rule will not have

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a significant economic impact on a the date of the original VA notification V; 40 CFR part 63, subpart F; 40 CFR substantial number of small entities as of information required, no benefits will part 63, subpart G; 40 CFR part 63, they are defined in the Regulatory be awarded on the basis of that subpart H; and 40 CFR part 63, subpart Flexibility Act, 5 U.S.C. 601–612. This application. I. EPA will continue to present OMB final rule does not directly affect any * * * * * control numbers in a consolidated table small entities. Only VA beneficiaries (d) * * * format to be codified in 40 CFR part 9 could be directly affected. Therefore, (4) Evidence in the file at date of of the Agency’s regulations. The table pursuant to 5 U.S.C. 605(b), this death means evidence in VA’s lists CFR citations with reporting, amendment is exempt from the initial possession on or before the date of the recordkeeping, or other information and final regulatory flexibility analysis beneficiary’s death, even if such collection requirements, and the current requirements of sections 603 and 604. evidence was not physically located in OMB control numbers. This listing of Catalog of Federal Domestic Assistance the VA claims folder on or before the the OMB control numbers and their Program Numbers date of death. subsequent codification in the CFR satisfies the requirements of the The catalog of Federal Domestic Assistance * * * * * Paperwork Reduction Act (44 U.S.C. program numbers for this final rule are [FR Doc. 02–27407 Filed 10–25–02; 8:45 am] 64.104, 64.105, 64.109, and 64.110. 3501 et seq.) and OMB’s implementing BILLING CODE 8320–01–P regulations at 5 CFR part 1320. List of Subjects in 38 CFR Part 3 These ICRs were previously subject to Administrative practice and public notice and comment prior to ENVIRONMENTAL PROTECTION procedure, Claims, Disability benefits, OMB approval. Due to the technical AGENCY Health care, Pensions, Veterans, nature of the table, EPA finds that Vietnam. 40 CFR Part 9 further notice and comment is Approved: August 21, 2002. unnecessary. As a result, EPA finds that [FRL–7399–1] Anthony J. Principi, there is ‘‘good cause’’ under section 553(b)(B) of the Administrative Secretary of Veterans Affairs. OMB Approvals Under the Paperwork Procedure Act, 5 U.S.C. 553(b)(B), to For the reasons set forth in the Reduction Act; Technical Amendment amend this table without prior notice preamble, 38 CFR part 3 is amended as AGENCY: Environmental Protection and comment. follows: Agency (EPA). I. Administrative Requirements PART 3—ADJUDICATION ACTION: Final rule. Under Executive Order 12866 (58 FR Subpart A—Pension, Compensation, SUMMARY: In compliance with the 51735, October 4, 1993), this action is and Dependency and Indemnity Paperwork Reduction Act (PRA), this not a ‘‘significant regulatory action’’ and Compensation technical amendment amends the table is therefore not subject to review by the that lists the Office of Management and Office of Management and Budget. In 1. The authority citation for part 3, Budget (OMB) control numbers issued addition, this action does not impose subpart A continues to read as follows: under the PRA. any enforceable duty, contain any Authority: 38 U.S.C. 501(a), unless EFFECTIVE DATE: This final rule is unfunded mandate, or impose any otherwise noted. effective October 28, 2002. significant or unique impact on small governments as described in the 2. Section 3.1000 is amended by FOR FURTHER INFORMATION CONTACT: Unfunded Mandates Reform Act of 1995 revising the section heading, paragraph Marcia B. Mia, 202–564–7042; (Pub. L. 104–4). This rule also does not (c)(1), and paragraph (d)(4) , to read as [email protected] require prior consultation with State, follows: SUPPLEMENTARY INFORMATION: EPA is local, and tribal government officials as § 3.1000 Entitlement under 38 U.S.C. 5121 amending the table of currently specified by Executive Order 12875 (58 to benefits due and unpaid upon death of approved information collection request FR 58093, October 28, 1993) or a beneficiary. (ICR) control numbers issued by OMB Executive Order 13084 (63 FR 27655, * * * * * for various regulations. The amendment May 10, 1998), or involve special (c) * * * updates the table to list those consideration of environmental justice (1) If an application for accrued information collection requirements related issues as required by Executive benefits is incomplete because the promulgated under the Consolidated Order 12898 (59 FR 7629, February 16, claimant has not furnished information Federal Air Rule, (CAR) which appeared 1994). Because this action is not subject necessary to establish that he or she is in the Federal Register on December 14, to notice-and-comment requirements within the category of eligible persons 2000 at 65 FR 78285. The amendment under the Administrative Procedure Act under the provisions of paragraphs also updates the table to list the or any other statute, it is not subject to (a)(1) through (a)(4) or paragraph (b) of information collection requirements the regulatory flexibility provisions of this section and that circumstances exist approved by OMB on August 31, 2002 the Regulatory Flexibility Act (5 U.S.C. which make the claimant the specific under control number 2060–0443 for the 601 et seq.). This rule also is not subject person entitled to payment of all or part consolidation of the ICR’s for the to Executive Order 13045 (62 FR 19885, of any benefits which may have referencing subparts of the CAR into the April 23, 1997) because EPA interprets accrued, VA shall notify the claimant: CAR ICR as follows: 40 CFR part 60, Executive Order 13045 as applying only (i) Of the type of information required subpart Ka; 40 CFR part 60, subpart Kb; to those regulatory actions that are to complete the application; 40 CFR part 60, subpart VV; 40 CFR part based on health or safety risks, such that (ii) That VA will take no further 60, subpart DDD; 40 CFR part 60, the analysis required under section 5– action on the claim unless VA receives subpart III; 40 CFR part 60, subpart 501 of the Order has the potential to the required information; and NNN; 40 CFR part 60, subpart RRR; 40 influence the regulation. This rule is not (iii) That if VA does not receive the CFR part 61, subpart BB; 40 CFR part subject to Executive Order 13045 required information within 1 year of 61, subpart Y; 40 CFR part 61, subpart because it does not establish an

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environmental standard intended to 60.562–1, 60.562–2, 60.563–60.565, OMB control mitigate health or safety risks. 60.613–60.615, 60.663–60.665, 60.703– 40 CFR citation no. 60.705 under the heading ‘‘Standards of Congressional Review Act Performance for New Stationary 61.243–1 ...... 2060–0443 The Congressional Review Act, 5 Sources’’; 61.242–1, 61.242–2, 61.242–3, 61.243–2 ...... 2060–0443 U.S.C. 801 et seq., as added by the Small 61.242–4, 61.242–7, 61.242–8, 61.242– 61.244–61.247 ...... 2060–0443 Business Regulatory Enforcement 10, 61.242–11, 61.243–1, 61.243–2, ***** Fairness Act of 1996, generally provides 61.244–61.247, 61.271–61.276, 61.300, 61.271–61.276 ...... 2060–0443 that before a rule may take effect, the 61.302–61.305, under the heading agency promulgating the rule must 61.300 ...... 2060–0443 ‘‘National Emission Standards for 61.302–61.305 ...... 2060–0443 submit a rule report, which includes a Hazardous Air Pollutants’; and 63.103, copy of the rule, to each House of the 63.105, 63.117–63.118, 63.122–63.123, ***** Congress and to the Comptroller General 63.129–63.130, 63.146–63.148, 63.151– of the United States. Section 808 allows 63.152, 63.181–63.182 under the National Emission Standards for Haz- the issuing agency to make a good cause heading ‘‘National Emission Standards ardous Air Pollutants for Source Cat- finding that notice and public procedure for Hazardous Air Pollutants for Source egories 3 is impracticable, unnecessary or Categories’’ to read as follows: contrary to the public interest. This determination must be supported by a § 9.1 OMB approvals under the Paperwork ***** brief statement. 5 U.S.C. 808(2). As Reduction Act. 63.103 ...... 2060–0443 stated previously, EPA has made such a 63.105 ...... 2060–0443 OMB control good cause finding, including the 40 CFR citation 63.117–63.118 ...... 2060–0443 no. 63.122–63.123 ...... 2060–0443 reasons therefore, and established an 63.129–63.130 ...... 2060–0443 effective date of October 28, 2002. EPA 63.146–63.148 ...... 2060–0443 ***** will submit a report containing this rule 63.151–63.152 ...... 2060–0443 and other required information to the 63.181–63.182 ...... 2060–0443 U.S. Senate, the U.S. House of Standards of Performance New Stationary Sources 1 Representatives, and the Comptroller ***** General of the United States prior to publication of the rule in the Federal ***** Consolidated Federal Air Rule Register. This action is not a ‘‘major 60.113a–60.115a ...... 2060–0443 rule’’ as defined by 5 U.S.C. 804(2). 60.113b–60.116b ...... 2060–0443 65.5 ...... 2060–0443 65.6 ...... 2060–0443 List of Subjects in 40 CFR Part 9 ***** 65.47 ...... 2060–0443 Environmental protection, Reporting 60.482–2 ...... 2060–0443 65.48 ...... 2060–0443 and recordkeeping requirements. 60.482–3 ...... 2060–0443 65.66 ...... 2060–0443 60.482–4 ...... 2060–0443 65.63 ...... 2060–0443 Dated: October 17, 2002. 60.482–7 ...... 2060–0443 65.67 ...... 2060–0443 Oscar Morales, 60.482–8 ...... 2060–0443 65.83 ...... 2060–0443 Director, Collection Strategies Division, Office 60.482–10 ...... 2060–0443 65.87 ...... 2060–0443 60.483–1 ...... 2060–0443 of Information Collection. 65.102 ...... 2060–0443 60.483–2 ...... 2060–0443 For the reasons set out in the 60.484–60.487 ...... 2060–0443 65.103–65.106 ...... 2060–0443 preamble, 40 CFR part 9 is amended as 65.109 ...... 2060–0443 follows: ***** 65.111 ...... 2060–0443 60.562–1 ...... 2060–0443 65.117–65.120 ...... 2060–0443 PART 9—[AMENDED] 60.562–2 ...... 2060–0443 65.159 ...... 2060–0443 60.563–60.565 ...... 2060–0443 65.160 ...... 2060–0443 1. The authority citation for part 9 65.162 ...... 2060–0443 continues to read as follows: ***** 65.163 ...... 2060–0443 Authority: 7 U.S.C. 135 et seq., 136–136y; 60.613–60.615 ...... 2060–0443 65.164 ...... 2060–0443 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 65.165 ...... 2060–0443 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 ***** 65.166 ...... 2060–0443 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 60.663–60.665 ...... 2060–0443 1321, 1326, 1330, 1342, 1344, 1345 (d) and ***** (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, ***** 1 1971–1975 Comp. p. 973; 42 U.S.C. 241, 60.703–60.705 ...... 2060–0443 The ICRs referenced in this section of the 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, table encompass the applicable general provi- ***** sions contained in 40 CFR part 60, subpart A, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, which are not independent information collec- 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., National Emission Standards for tion requirements. 6901–6992k, 7401–7671q, 7542, 9601–9657, 2 Hazardous Air Pollutants 2 The ICRs referenced in this section of the 11023, 11048. table encompass the applicable general provi- sions contained in 40 CFR part 61, subpart A, 2. In § 9.1 the table is amended by: which are not independent information collec- a. Adding an entry title and citations ***** tion requirements. for the ICR for 40 CFR part 65 under the 61.242–1 ...... 2060–0443 3 The ICRs referenced in this section of the 61.242–2 ...... 2060–0443 heading ‘‘Consolidated Federal Air table encompass the applicable general provi- 61.242–3 ...... 2060–0443 sions contained in 40 CFR part 63, subpart A, Rule’; and 61.242–4 ...... 2060–0443 which are not independent information collec- b. Revising entries 60.113a–60.115a, 61.242–7 ...... 2060–0443 tion requirements. 60.113b–60.116b, 60.482–2, 60–482–3, 61.242–8 ...... 2060–0443 60.482–4, 60.482–7, 60.482–8, 60.482– 61.242–10 ...... 2060–0443 [FR Doc. 02–27140 Filed 10–25–02; 8:45 am] 10, 60.483–1, 60.483–2, 60.484–60.487, 61.242–11 ...... 2060–0443 BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: I.B: What Is the History of the PSD AGENCY Brendan McCahill, (617) 918–1652; Program in New Hampshire? email at [email protected]. 40 CFR Part 52 In a March 18, 1982 letter to the SUPPLEMENTARY INFORMATION: On August Director of the New Hampshire Air [NH–01–48–7174a; A–1–FRL–7376–5] 6, 2001, the State of New Hampshire Resources Agency, EPA delegated to submitted a formal request to revise its Approval and Promulgation of Air New Hampshire the administrative State Implementation Plan (SIP). This Quality Implementation Plans; New provisions of the Federal PSD program notice approves New Hampshire’s Hampshire; Prevention of Significant under 40 CFR 52.21. Under the terms of Deterioration (PSD) of Air Quality submitted revisions and solicits the delegation, New Hampshire was Permit Requirements comments on this approval. The SIP responsible for: (1) receiving and revision adopts into New Hampshire’s processing PSD applications and (2) AGENCY: Environmental Protection SIP the federal PSD program provisions developing the preliminary Agency (EPA). as set forth in 40 CFR 52.21. The SIP determination and draft permit that ACTION: Direct final rule. revision also amends two sections of documents New Hampshire’s technical New Hampshire’s permit procedural findings regarding the air impact SUMMARY: EPA is approving a State rules required to implement the new analysis and BACT requirements. New Implementation Plan (SIP) revision state PSD program; Part Env-A 205.03, Hampshire would then forward the submitted by the State of New ‘‘Applications Subject to PSD Hampshire. The revision consists of a preliminary determination and draft Requirements,’’ and Part-A 205.04, permit to EPA for final issuance. EPA new rule, PART Env-A 623, ‘‘Prevention ‘‘Applications Subject to Nonattainment of Significant Deterioration (PSD) of Air retained authority to issue and enforce Requirements.’’ Please note that if EPA the final PSD permit. Quality Permitting,’’ that adopts into receives adverse comment on an New Hampshire’s SIP the federal PSD amendment, paragraph, or section of On January 28, 1999, the New program provisions. The SIP revision this rule and if that provision may be Hampshire Department of also amends New Hampshire’s permit severed from the remainder of the rule, Environmental Services, Air Resources procedural rule, PART Env-A 205, EPA may adopt as final those provisions Division (ARD), submitted a SIP ‘‘Permit Notice and Hearing Procedures: of the rule that are not the subject of an revision that consists of a new rule, Temporary Permits and Permits to adverse comment. PART Env-A 623, ‘‘Prevention of Operate,’’ to make the rule consistent Significant Deterioration of Air Quality with the new state PSD rule. The I. Summary of SIP Revision Permitting. The submittal was intended approval of this revision will make the to adopt into New Hampshire’s SIP the The following table summarizes the New Hampshire PSD program federal PSD program provisions as set contents of this document. consistent with the federal plan forth in 40 CFR 52.21. However, due to requirements for a SIP-approved PSD Table of Contents issues with the federal citations program. This action is being taken in referenced in the submittal, EPA could accordance with the Clean Air Act. I.A: What is the PSD Program? I.B: What is the history of the PSD program not fully approve the rule and therefore, DATES: This direct final rule is effective in New Hampshire? did not take action on the submittal. on December 27, 2002 without further I.C: How will New Hampshire’s SIP-approve notice, unless EPA receives adverse In a November 27, 2000 letter to the PSD program under 40 CFR 51.166 differ Regional Administrator, the ARD comment by November 27, 2002. If from the delegated PSD program under 40 adverse comment is received, EPA will formally withdrew its January 28, 1999 CFR 52.21? SIP revision and requested full publish a timely withdrawal of the II. Final Action delegation to implement the federal PSD direct final rule in the Federal Register III. Administrative Requirements and inform the public that the rule will rules at 40 CFR 52.21 including the not take effect. I.A: What Is the PSD Program? authority to issue and enforce PSD ADDRESSES: Comments may be mailed to permits. In addition, the ARD requested The Clean Air Act (CAA) requires authority to enforce PSD permits Steven A. Rapp, Manager, Air Permits, new major sources and major Toxics and Indoor Programs, Office of already issued by EPA. On July 9, 2001, modifications to major sources to obtain Ecosystem Protection (mail code CAP), EPA Region I approved the ARD’s an air pollution permit before U.S. Environmental Protection Agency, request to accept full delegation of the commencing construction. The PSD EPA-New England, 1 Congress Street— PSD program under 40 CFR 52.21. program is the set of regulations Suite 1100, Boston, MA 02114–2023. On August 6, 2001, the ARD Copies of the documents relevant to this specifying the minimum permit requirements for new major sources or submitted SIP revisions that consist of action are available for public new rule, PART Env-A 623 ‘‘Permit inspection during normal business major modifications in areas that are in attainment of the national ambient air Notice and Hearing Procedures: hours, by appointment at the Office Temporary Permits and Permits to Ecosystem Protection, U.S. quality standards (NAAQS). The PSD Operate,’’ that adopts into New Environmental Protection Agency, program includes two major elements: Hampshire’s SIP the federal PSD Region I, One Congress Street, 11th (1) provisions for an air quality analysis floor, Boston, MA; Air and Radiation that ensure new major sources or program provisions as set forth in 40 Docket and Information Center, U.S. modifications do not violate NAAQS or CFR 52.21. New Hampshire is also Environmental Protection Agency, applicable air quality increments and; revising portions of its permit Room B–108, 1301 Constitution (2) provisions for Best Available Control procedural rules, Env-A 205, ‘‘Permit Avenue, NW., Washington DC; and the Technology (BACT) that require sources Notice and Hearing Procedures: Department of Environmental Services, to install air pollutant controls and/or Temporary Permits and Permits to 64 North Main Street, Caller Box 2033, implement pollution reduction Operate,’’ to make these rules consistent Concord, NH 03302–2033. operations. with the new state PSD rule.

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I.C: How Will New Hampshire’s SIP- CFR 52.21 without the need for will not have a significant economic Approve PSD Program Under 40 CFR additional state rulemaking. Typically, impact on a substantial number of small 51.166 Differ From the Delegated PSD states need to revise their SIP-approved entities under the Regulatory Flexibility Program Under 40 CFR 52.21? rules to comply with any revisions Act (5 U.S.C. 601 et seq.). Because this There are two sets of PSD regulations. made to underlying federal rules. rule approves pre-existing requirements under state law and does not impose The first set, 40 CFR 51.166, specifies II. Final Action any additional enforceable duty beyond the minimum requirements that a State EPA is approving New Hampshire’s PSD air quality permit program under that required by state law, it does not PART Env-A 623, ‘‘Prevention of contain any unfunded mandate or Part C of Title I of the CAA must contain Significant Deterioration (PSD) of Air in order to obtain approval by EPA as significantly or uniquely affect small Quality Permit Requirements.’’ In governments, as described in the a revision to the SIP. The second set, 40 addition, EPA is approving New Unfunded Mandates Reform Act of 1995 CFR 52.21, delineates the federal PSD Hampshire’s Part Env-A 205.03, (Pub. L. 104–4). program, which applies as part of the ‘‘Applications Subject to PSD This rule also does not have tribal SIP for states that have not submitted a Requirements,’’ and Part-A 205.04, implications because it will not have a PSD program that meets the ‘‘Applications Subject to Nonattainment substantial direct effect on one or more requirements of 40 CFR 51.166. New Requirements’’ adopted by the state on Indian tribes, on the relationship Hampshire’s SIP revision PART Env-A February 17, 1995 and amended on July between the Federal Government and 623 adopts by reference into the State’s 23, 2001. Indian tribes, or on the distribution of SIP portions of the federal PSD program The EPA is publishing this action power and responsibilities between the as promulgated in 40 CFR 52.21. By without prior proposal because the Federal Government and Indian tribes, adopting portions of the federal PSD Agency views this as a noncontroversial as specified by Executive Order 13175 program as well as certain other amendment and anticipates no adverse (65 FR 67249, November 9, 2000). This provisions, PART Env-A 623 satisfies comments. However, in the proposed action also does not have Federalism the minimum plan approval rules section of this Federal Register implications because it does not have requirements for a PSD program under publication, EPA is publishing a substantial direct effects on the States, 40 CFR 51.166. separate document that will serve as the on the relationship between the national Since the state’s new PSD program proposal to approve the SIP revision government and the States, or on the includes all the federal PSD program should relevant adverse comments be distribution of power and elements, the state program filed. This rule will be effective responsibilities among the various requirements will be equivalent to the December 27, 2002 without further levels of government, as specified in federal program. However, New notice unless the Agency receives Executive Order 13132 (64 FR 43255, Hampshire adopted public participation relevant adverse comments by August 10, 1999), because it merely and permit appeal procedural November 27, 2002. approves a state rule implementing a requirements that are specific to the If the EPA receives such comments, federal standard, and does not alter the state in place of procedures under the then EPA will publish a notice relationship or the distribution of power federal program. The federally delegated withdrawing the final rule and and responsibilities established in the PSD program follows the public informing the public that the rule will Clean Air Act. This rule also is not participation procedural requirements not take effect. All public comments subject to Executive Order 13045 found in EPA’s consolidated permit received will then be addressed in a ‘‘Protection of Children from procedure regulation at 40 CFR part 124. subsequent final rule based on the Environmental Health Risks and Safety The federal consolidated permit process proposed rule. The EPA will not Risks’’ (62 FR 19885, April 23, 1997), regulation addresses, among other institute a second comment period on because it is not economically things, the appeal process for several the proposed rule. Only parties significant. EPA permitting programs including the interested in commenting on the rule In reviewing SIP submissions, EPA’s PSD program. The regulation requires should do so at this time. If no such role is to approve state choices, that petitions of PSD permit decisions comments are received, the public is provided that they meet the criteria of be addressed to Federal Environmental advised that this rule will be effective the Clean Air Act. In this context, in the Appeals Board (EAB). on December 27, 2002 and no further absence of a prior existing requirement Under the SIP-approved PSD action will be taken on the proposed for the State to use voluntary consensus program, the appeal process follows the rule. standards (VCS), EPA has no authority state’s permit procedural rules for state- to disapprove a SIP submission for III. Administrative Requirements issued permits. With approval of New failure to use VCS. It would thus be Hampshire’s PSD rules, persons Under Executive Order 12866 (58 FR inconsistent with applicable law for aggrieved by a PSD permit decision will 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, now direct permit appeals to New not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission Hampshire’s Air Resources Council as therefore is not subject to review by the that otherwise satisfies the provisions of required by the state’s permit Office of Management and Budget. For the Clean Air Act. Thus, the procedural requirements. If the Air this reason, this action is also not requirements of section 12(d) of the Resources Council denies the appeal, subject to Executive Order 13211, National Technology Transfer and the petitioner may request the state ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. supreme court to hear the appeal. Significantly Affect Energy Supply, 272 note) do not apply. This rule does EPA notes that New Hampshire’s Distribution, or Use’’ (66 FR 28355, May not impose an information collection pending SIP-approved PSD rule did not 22, 2001). This action merely approves burden under the provisions of the define a date of the incorporated rule state law as meeting Federal Paperwork Reduction Act of 1995 (44 revision of 40 CFR 52.21. Without this requirements and imposes no additional U.S.C. 3501 et seq.) date, New Hampshire believes its PSD requirements beyond those imposed by The Congressional Review Act, 5 rules will automatically incorporate and state law. Accordingly, the U.S.C. 801 et seq., as added by the Small implement all future revisions to 40 Administrator certifies that this rule Business Regulatory Enforcement

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Fairness Act of 1996, generally provides enforce its requirements. (See section (i) Incorporation by reference. that before a rule may take effect, the 307(b)(2).) (A) Section 623.01 and sections agency promulgating the rule must List of Subjects in 40 CFR Part 52 623.03 through 623.06 of New submit a rule report, which includes a Hampshire’s rule PART Env-A 623 rule copy of the rule, to each House of the Environmental protection, Air entitled, ‘‘Prevention of Significant Congress and to the Comptroller General pollution control, Carbon monoxide, Deterioration (PSD) Of Air Quality of the United States. EPA will submit a Incorporation by reference, Permit Requirements.’’ This regulation report containing this rule and other Intergovernmental relations, Lead, was adopted in the State of New required information to the U.S. Senate, Nitrogen dioxide, Ozone, Particulate Hampshire on July 23, 2001. the U.S. House of Representatives, and matter, Reporting and recordkeeping (B) New Hampshire’s rules PART the Comptroller General of the United requirements, Sulfur oxides, Volatile Env-A 205.03, ‘‘Applications Subject to States prior to publication of the rule in organic compounds. PSD Requirements,’’ and PART Env-A the Federal Register. A major rule Dated: September 3, 2002. 205.04, ‘‘Applications Subject to cannot take effect until 60 days after it Robert W. Varney, Nonattainment Requirements.’’ These is published in the Federal Register. Regional Administrator, EPA New England. regulations were adopted in the State of This action is not a ‘‘major rule’’ as Part 52 of chapter I, title 40 of the New Hampshire on February 22, 1995 defined by 5 U.S.C. 804(2). Code of Federal Regulations is amended and amended on July 23, 2001. Under section 307(b)(1) of the Clean as follows: (ii) Additional materials. Air Act, petitions for judicial review of (A) Letter from the New Hampshire this action must be filed in the United PART 52—[AMENDED] Air Resources Division dated August 6, States Court of Appeals for the 2001 submitting a revision to the New 1. The authority citation for part 52 Hampshire State Implementation Plan. appropriate circuit by December 27, continues to read as follows: 2002. Interested parties should (B) Letter from the New Hampshire comment in response to the proposed Authority: 42 U.S.C. 7401 et seq. Air Resources Division dated April 26, rule rather than petition for judicial 1995 submitting a revision to the New Subpart EE—New Hampshire review, unless the objection arises after Hampshire State Implementation Plan. the comment period allowed for in the 2. Section 52.1520 is amended by (C) Nonregulatory portions of the proposal. Filing a petition for adding paragraph (c)(60) to read as State submittal. reconsideration by the Administrator of follows: 3. In § 52.1525, Table 52.1525 is this final rule does not affect the finality amended by adding new entries to § 52.1520 Identification of plan. of this rule for the purposes of judicial existing state citations for PART Env-A review nor does it extend the time * * * * * 200 and PART Env-A 600 to read as within which a petition for judicial (c) * * * follows: review may be filed, and shall not (60) Revisions to the State postpone the effectiveness of such rule Implementation Plan submitted by the § 52.1525—EPA-approved New Hampshire or action. This action may not be New Hampshire Air Resources Division state regulations. challenged later in proceedings to August 6, 2001 and April 26, 1995. * * * * *

TABLE 52.1525—EPA-APPROVED RULES AND REGULATIONS 1—NEW HAMPSHIRE

Date Date State citation Federal Title/subject 2 adopted by approved by 52.1520 Explanations chapter State EPA Register citation

******* Procedural Rules ..... Env-A 200 ...... 2/17/95 10/28/02 67 FR 65710...... (c)(60) Approving Env-A 205.03 & Env-A & 205.04 as amended 7/23/01 7/23/01

******* Statewide Permitting Env-A 600 ...... 7/23/01 10/28/02 67 FR 65710...... (c)(60) Adding Part Env-A 623: New Hamp- System. shire’s PSD permit requirements.

******* 1 These regulations are applicable statewide unless otherwise noted in the Explanation section. 2 When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from CH Air to Env-A.

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4. Section 52.1529 is revised to read hours at the United States as an unclassified, or ‘‘not classified’’ as follows: Environmental Protection Agency, CO nonattainment area because there Region 10, Office of Air Quality, 1200 were no violations of the CO standard § 52.1529 Significant deterioration of air quality. Sixth Avenue, Seattle WA. in 1988 or 1989 prior to the 1990 Clean Air Act Amendments. New Hampshire’s Part Env-A 623, FOR FURTHER INFORMATION CONTACT: Steve Body, State and Tribal Programs Nonattainment areas can be ‘‘Requirements for Prevention of redesignated to attainment after the area Significant Deterioration Permits,’’ as Unit, Office of Air Quality, EPA Region 10, 1200 Sixth Avenue, Seattle WA., has measured air quality data showing submitted on August 6, 2001, is it has attained the NAAQS and when approved as meeting the requirements 98101, Telephone number: (206) 553– 0782. certain planning requirements are met. of Subpart 1, Part C, Title I, of the Clean Section 107(d)(3)(E) of the CAA Air Act. SUPPLEMENTARY INFORMATION: provides the requirements for [FR Doc. 02–25857 Filed 10–25–02; 8:45 am] redesignation. These are: Table of Contents BILLING CODE 6560–50–P (i) The Administrator determines that I. What is the purpose of this action? the area has attained the national II. What is the State’s process to submit these ambient air quality standard; ENVIRONMENTAL PROTECTION materials to EPA? (ii) The Administrator has fully AGENCY III. EPA’s Evaluation of the Redesignation approved the applicable Request and Maintenance Plan implementation plan for the area under 40 CFR Parts 52 and 81 (a) The Area Must have Attained the Carbon Monoxide NAAQS section 110(k) of the Act; [Docket # ID–02–001; FRL–7398–1] (b) The Area Must Have Met All (iii) The Administrator determines Applicable Requirements Under Section that the improvement in air quality is Approval and Promulgation of Air 110 and Part D due to permanent and enforceable Quality Implementation Plans; State of 1. CAA Section 110 Requirements reductions in emissions resulting from Idaho; Northern Ada County Carbon 2. Part D Requirements implementation of the applicable Monoxide Redesignation to Attainment A. Section 172(c)(3)—Emissions Inventory implementation plan, applicable and Designation of Areas for Air B. Section 172(c)(5)—New Source Review Federal air pollution control (NSR) Quality Planning Purposes C. Section 172(c)(7)—Compliance With regulations, and other permanent and CAA section 110(a)(2): Air Quality enforceable reductions; AGENCY: Environmental Protection (iv) The Administrator has fully Agency (EPA). Monitoring Requirements (c) The Area Must Have a Fully Approved approved a maintenance plan for the ACTION: Direct final rule. SIP Under Section 110(k) of the CAA area as meeting the requirements of (d) The Area Must Show the Improvement CAA section 175A; and, SUMMARY: On January 17, 2002, the State in Air Quality is Due to Permanent and (v) the State containing the area has of Idaho requested EPA to redesignate Enforceable Emission Reductions. met all requirements applicable to the the Northern Ada County ‘‘not (e) The Area Must Have A Fully Approved area under section 110 and part D of the classified’’ carbon monoxide (CO) Maintenance Plan Under CAA Section CAA. nonattainment area to attainment for the 175A Before an area can be redesignated to CO National Ambient Air Quality 1. Emissions Inventory—Attainment Year attainment, all applicable State Standard (NAAQS) and submitted a CO 2. Demonstration of maintenance 3. Monitoring Network and Verification of Implementation Plan (SIP) elements maintenance plan for Northern Ada must be fully approved. County. In this action, EPA is approving Continued Attainment the maintenance plan and redesignating 4. Contingency Plan II. What Is the State’s Process To IV. Conformity Submit These Materials to EPA? the Northern Ada County CO V. Final Action nonattainment area to attainment. VI. Administrative Requirements The CAA requires States to follow DATES: This direct final rule will be certain procedural requirements for I. What Is the Purpose of This Action? effective December 27, 2002, unless EPA submitting SIP revisions to EPA. Section receives adverse comments by EPA is redesignating the Northern 110(a)(2) of the CAA requires that each November 27, 2002. If relevant adverse Ada County ‘‘not classified’’ CO SIP revision be adopted by the State comments are received, EPA will nonattainment area from nonattainment after reasonable notice and public publish a timely withdrawal of the to attainment and approving the hearing. The State then submits the SIP direct final rule in the Federal Register maintenance plan that will keep the revision to EPA for approval. informing the public that the rule will area in attainment for the next 10 years. The Idaho Department of not take effect. Please note that if EPA EPA originally designated the Environmental Quality (IDEQ), which receives relevant adverse comment on Northern Ada County area as has regulatory authority for sources of an amendment, paragraph or section of nonattainment for CO under the air pollution in the Northern Ada this rule and if that provision may be provisions of the 1977 Clean Air Act County CO nonattainment area, severed from the remainder of the rule, (CAA) Amendments (see 43 FR 8962, developed the CO maintenance plan. On EPA may adopt as final those provisions March 3, 1978). On November 15, 1990, October 23, 2001, IDEQ notified the of the rule that are not the subject of a the Clean Air Act Amendments of 1990 public of the public hearing on the plan. relevant adverse comment. were enacted (Pub. L. 101–549, 104 Stat. On November 27, 2001 IDEQ held the ADDRESSES: Written comments may be 2399, codified at 42 U.S.C. 7401–7671q). public hearing at their offices in Boise, mailed to: Steve Body, State and Tribal Under section 107(d)(1)(C) of the CAA, Idaho. On January 17, 2002, the State of Programs Unit, Office of Air Quality, the Northern Ada County area was Idaho adopted the Limited Maintenance EPA Region 10, 1200 Sixth Avenue, designated nonattainment for CO by Plan for the Northern Ada County Seattle, WA 98101. operation of law because the area had Carbon Monoxide Not-Classified Copies of the documents relevant to been designated as nonattainment Nonattainment area. On January 17, this action are available for public before November 15, 1990. The 2002, the State submitted the proposed inspection during normal business Northern Ada County area is classified SIP to EPA. EPA has determined that

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the State met the requirements for the Northern Ada County area has not Before the Northern Ada County ‘‘not reasonable notice and public hearing violated the CO standard since 1987. classified’’ CO nonattainment area may under section 110(a)(2) of the CAA. be redesignated to attainment, the State (b) The Area Must Have Met All must have fulfilled the applicable III. EPA’s Evaluation of the Applicable Requirements Under Section requirements of part D. Under part D, an 110 and Part D Redesignation Request and area’s classification indicates the Maintenance Plan Section 107(d)(3)(E)(v) requires that requirements to which it will be subject. EPA has reviewed the State’s an area must meet all applicable Subpart 1 of part D sets forth the basic maintenance plan and redesignation requirements under section 110 and part nonattainment requirements applicable request and is approving the D of the CAA. EPA interprets this to all nonattainment areas, whether maintenance plan and redesignating the requirement to mean the State must classified or not classified. area to attainment consistent with the meet all requirements that applied to The relevant Subpart 1 requirements requirements of CAA section the area prior to, or at the time of, the are contained in sections 172(c) and 176 107(d)(3)(E). The following is a submission of a complete redesignation of the Act. The April 16, 1992, General summary of EPA’s evaluation and a request. Preamble for the Implementation of description of how each requirement is 1. CAA Section 110 Requirements Title I of the Clean Air Act Amendments met. of 1990 (see 57 FR 13498) (‘‘General On January 31, 1972, Idaho submitted Preamble of April 16, 1992’’) provides (a) The Area Must Have Attained the the SIP to EPA. EPA approved the SIP our interpretation of the CAA Carbon Monoxide NAAQS on May 31, 1972. See 37 FR 10861. requirements for not classified CO areas Although section 110 of the CAA was Section 107(d)(3)(E)(i) requires that (see specifically 57 FR 13535). The amended in 1990, most of the changes General Preamble of April 16, 1992, the Administrator determine that the were not substantial. Thus, we have area has attained the applicable reads, ‘‘Although it seems clear that the determined that the SIP revisions CO-specific requirements of subpart 3 of NAAQS. The primary NAAQS for CO is approved in 1972 along with subsequent 9 parts per million (ppm) (10 milligrams part D do not apply to CO ‘‘not revisions that we have previously classified’’ areas, the 1990 CAAA are per cubic meter) for an 8-hour average, approved, continue to satisfy the not to be exceeded more than once per silent as to how the requirements of requirements of section 110(a)(2). EPA subpart 1 of part D, which contains year as determined at each monitoring has analyzed the SIP elements that are site in the area. CO in the ambient air general SIP planning requirements for part of this action and determined they all designated nonattainment areas, is measured by a reference method comply with the requirements of section based on 40 CFR part 50, Appendix C. should be interpreted for such CO areas. 110(a)(2). Nevertheless, because these areas are EPA considers an area as attaining the designated nonattainment, some aspects CO NAAQS when all of the CO 2. Part D Requirements of subpart 1 necessarily apply.’’ monitors in the area have an exceedance The Northern Ada County area was Under section 172(b), the applicable rate of 1.0 or less each calendar year originally designated as nonattainment section 172(c) requirements, as over a two-calendar year period. (See 40 for CO on March 3, 1978 (see 43 FR determined by the Administrator, were CFR 50.8 and 40 CFR part 50 Appendix 8962). Idaho’s CAA Part D initial plan due no later than three years after an C.) EPA’s interpretation of this for the Northern Ada County CO area was designated as nonattainment requirement is that an area seeking nonattainment area was submitted on under section 107(d) of the amended redesignation to attainment must show January 31, 1980, and approved by EPA CAA (see 56 FR 56694, November 6, attainment of the CO NAAQS for at least on October 23, 1980. Idaho 1991). In the case of the Northern Ada two consecutive calendar years subsequently revised the nonattainment County area, the due date was (September 4, 1992, John Calcagni area plan and submitted that revision to November 15, 1993. Since the Northern policy memorandum ‘‘Procedures for EPA in 1984 and it was approved by Ada County CO redesignation request Processing Requests to Redesignate EPA on June 5, 1985. A final revision and maintenance plan were not Areas to Attainment’’ (‘‘Calcagni was made to the plan and submitted to submitted by Idaho until January 17, Memorandum’’)). In addition, the area EPA June 29, 1994 and approved by 2002, the General Preamble of April 16, must continue to show attainment EPA on December 1, 1994. See 59 FR 1992, provides that the applicable through the date that EPA promulgates 61546. requirements of CAA section 172 are: redesignation to attainment. Prior to the 1990 CAA Amendments, 172(c)(3) (emissions inventory), Idaho’s CO redesignation request for EPA had begun development of its post- 172(c)(5)(new source review permitting the Northern Ada County area is based 1987 policy for carbon monoxide; program), and 172(c)(7)(the section on valid ambient air quality data. however, EPA did not finalize the post- 110(a)(2) air quality monitoring Ambient air quality monitoring data for 1987 policy for CO because the Clean requirements). See 57 FR 13535, April calendar years 1987 through 2001 show Air Act (CAA) was amended on 16, 1992. a measured exceedance rate of the CO November 15, 1990. Under section EPA has determined that the Part D NAAQS of 1.0 or less per year at all 107(d)(1)(C) of the CAA, the Northern requirements for Reasonably Available monitoring sites. These data were Ada County area was by operation of Control Measures (RACM), an collected and analyzed as required by law designated nonattainment for CO attainment demonstration, reasonable EPA (see 40 CFR 50.8 and 40 CFR part because the area had been previously further progress (RFP), and contingency 50, Appendix C) and have been stored designated nonattainment before measures (CAA section 172(c)(9)) are in EPA’s Aerometric Information and November 15, 1990. In the November 6, not applicable to ‘‘not classified’’ CO Retrieval System (AIRS). These data 1991, Federal Register, (56 FR 56694) nonattainment areas. See 57 FR 13535, have met minimum quality assurance the Northern Ada County area was April 16, 1992. requirements and have been certified by classified as a ‘‘not classified’’ CO Section 176 of the CAA contains the State as being valid before being nonattainment area as the area had not requirements related to conformity. included in AIRS. EPA’s evaluation of violated the CO NAAQS in 1988 or Although federal regulations (see 40 the ambient air quality data finds that 1989. CFR 51.396) require that states adopt

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transportation conformity provisions in nonattainment areas. The Act requires (d) The Area Must Show the their SIPs for areas designated states to amend their SIPs to reflect Improvement in Air Quality Is Due to nonattainment or that are subject to a these revisions, but it did not require Permanent and Enforceable Emission federally approved maintenance plan, submittal of this element along with the Reductions EPA has determined that a other SIP elements. The Act established Section 107(d)(3)(E)(iii) of the CAA transportation conformity SIP is not an June 30, 1992 as the submittal date for provides that for an area to be applicable requirement for purposes of the revised NSR programs. See Section redesignated to attainment, the evaluating a redesignation request under 189(a) of the Act. Administrator must determine that the section 107(d) of the CAA. This decision improvement in air quality is due to is reflected in our 1996 approval of the In the General Preamble of April 16, permanent and enforceable reductions Boston carbon monoxide redesignation. 1992, EPA issued guidance for states to in emissions resulting from (See 61 FR 2918, January 30, 1996.) follow in the development of revised The remaining applicable programs to meet the requirements of implementation of the applicable requirements of CAA section 172 are the 1990 Amendments. EPA guidance implementation plan, implementation discussed below. calls for states to implement their of applicable Federal air pollutant control regulations, and other existing NSR programs during the A. Section 172(c)(3) Emissions permanent and enforceable reductions. interval preceding our formal approval Inventory The CO emissions reductions for the of their revised NSR programs. Section 172(c)(3) of the CAA requires Northern Ada County area were a comprehensive, accurate, current The State of Idaho submitted to EPA achieved through a number of control inventory of all actual emissions from on September 4, 1992, rules that met the measures. The primary emission all sources in the Northern Ada County requirements of the 1990 Clean Air Act reductions are the result of the Federal CO nonattainment area. The emission Amendments and EPA approved those Motor Vehicle Emission Standards and inventory requirement for ‘‘not rules on July 23, 1993. See 58 FR 39445. fleet turnover. These reductions will classified’’ CO nonattainment areas is The requirements of section 172(c)(5) continue into the maintenance period detailed in the General Preamble of are met. for the Northern Ada County area. There April 16, 1992. EPA has determined that are several additional control measures an emissions inventory is required by C. Section 172(c)(7) Compliance With including transportation control CAA section 172(c)(3) regardless of air CAA Section 110(a)(2): Air Quality measures (transit, rideshare and I&M), quality levels. An emissions inventory Monitoring Requirements stationary source controls through the must be included as a revision to the NSR program, and several voluntary SIP and was due three years from the According to the General Preamble of measures. Lastly, there are woodstove time of the area’s designation. For ‘‘not April 16, 1992, ‘‘not classified’’ CO curtailment programs designed for classified’’ CO areas, this date is nonattainment areas should meet the particulate matter control during November 15, 1993. To address the ‘‘applicable’’ air quality monitoring episodes of poor air quality that will section 172(c)(3) requirement for a requirements of section 110(a)(2) of the provide reduction in CO emissions. ‘‘current’’ inventory, EPA interpreted CAA. The State of Idaho has operated a EPA has evaluated the various State ‘‘current’’ to mean calendar year 1990 CO monitor in the Northern Ada County and Federal control measures and the (see 57 FR 13502, April 16, 1992). area since the early 1970’s. In this 1995 emission inventory, and we Idaho included in the January 17, proposed SIP revision, the State of conclude that the improvement in air 2002, proposed SIP revision, a Northern Idaho further commits to operating the quality in the Northern Ada County Ada County CO emission inventory for CO monitoring network into the future. nonattainment area has resulted from emission reductions that are permanent calendar year 1995. This year The requirements of section 172(c)(7) and enforceable. corresponds to the year used in are met. calculating the design value contained (e) The Area Must Have a Fully in the SIP. The inventory has been (c) The Area Must Have a Fully Approved Maintenance Plan Under reviewed by EPA and a copy of that Approved SIP Under Section 110(k) of CAA Section 175A review is in the docket to this action. the CAA EPA believes the inventory is Section 107(d)(3)(E)(iv) of the CAA comprehensive, accurate and current Section 107(d)(3)(E)(ii) of the CAA provides that for an area to be and meets the requirements of section provides that for an area to be redesignated to attainment, the 172(c)(3) of the CAA. It represents redesignated to attainment, it must be Administrator must have fully approved emissions that contributed to the design determined that the Administrator has a maintenance plan for the area meeting value in the plan. The design value fully approved the applicable the requirements of section 175A of the shows that the area attains the CO implementation plan for the area under CAA. standard. Therefore the emissions are at section 110(k). Section 175A of the CAA sets forth a level that would maintain the the elements of a maintenance plan for Based on the approval into the SIP of areas seeking redesignation from standard. provisions under the pre-1990 CAA, our The requirements of section 172(c)(3) nonattainment to attainment. For areas prior approval of a SIP revision required are met. such as Northern Ada County that are under the 1990 amendments to the utilizing EPA’s limited maintenance B. Section 172(c)(5) New Source CAA, and our approval of the State’s plan approach, as detailed in the EPA Review (NSR) commitment to maintain an adequate guidance memorandum, ‘‘Limited The Clean Air Act Amendments of monitoring network, EPA has Maintenance Plan Option for 1990 included revisions to the new determined that, as of the date of this Nonclassifiable CO Nonattainment source review (NSR) program Federal Register action, Idaho has a Areas’’ from Joseph Paisie, Group requirements of the construction and fully approved CO SIP under section Leader, Integrated Policy and Strategies operation of new and modified major 110(k) for the Northern Ada County CO Group, Office of Air Quality and stationary sources located in nonattainment area. Planning Standards, dated October 6,

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1995 (‘‘Paisie Memorandum’’), the data showing attainment. The Northern emission reductions or other milestones maintenance plan demonstration Ada County CO maintenance plan in any area. requirement is considered to be satisfied contains an accurate, current, and The Federal Transportation for ‘‘not classified’’ areas if the comprehensive emission inventory for Conformity Rule, 40 CFR parts 51 and monitoring data show the design value calendar year 1995. 93, applies to all nonattainment and is at or below 7.65 ppm, or 85 percent maintenance areas. As prescribed by the of the level of the 8-hour CO NAAQS. 2. Demonstration of Maintenance conformity rule, once an area has an The design value must be based on the As described in the Paisie applicable state implementation plan 8 consecutive quarters of data. There is Memorandum, the maintenance plan with motor vehicle emissions budgets, no requirement to project emissions or demonstration requirement is the expected emissions from planned air quality over the maintenance period. considered to be satisfied for ‘‘not transportation activities must be EPA believes if the area begins the classified’’ CO areas if the design value consistent with (‘‘conform to’’) such maintenance period at, or below, 85 for the area is equal to, or less than 7.65 established budgets for that area. In the percent of the level of the CO 8 hour ppm. The CO design value for 1995 for case of the Northern Ada County CO NAAQS, the applicability of PSD the Northern Ada County area is 7.4 limited maintenance plan, however, the requirements, the control measures ppm, and the design value for 1996 is emissions budgets may be treated as already in the SIP, and Federal 4.9 ppm both of which are below the essentially not constraining for the measures, should provide adequate limited maintenance plan requirement length of the initial maintenance period assurance of maintenance over the of 7.65 ppm. Therefore, the Northern because there is no reason to expect that initial 10-year maintenance period. In Ada County area has adequately Northern Ada County will experience so addition, the design value for the area demonstrated maintenance. much growth in that period that a must continue to be at or below 7.65 violation of the CO air quality standard ppm until the time of final EPA action 3. Monitoring Network and Verification would result. In other words, emissions on the redesignation. The method for of Continued Attainment from on-road transportation sources calculating the design value is presented Continued ambient monitoring of an need not be capped for the maintenance in the June 18, 1990, EPA guidance area is required over the maintenance period because it is unreasonable to memorandum entitled ‘‘Ozone and period. Section VI(C) of the Northern believe that emissions from such Carbon Monoxide Design Value Ada County CO maintenance plan sources would increase to a level that Calculations’’, from William G. Laxton, provides for continued ambient would threaten the air quality in this Director of the OAQPS Technical monitoring in the area. area for the duration of this Support Division, to Regional Air maintenance period. Directors. 4. Contingency Plan Therefore, for the Northern Ada Eight years after redesignation to The Northern Ada County CO Limited County CO maintenance area all attainment, the State must submit a Maintenance plan contains a federally funded and approved revised maintenance plan that contingency plan that would institute transportation actions that require demonstrates continued maintenance of an oxygenated fuels program or other conformity determinations under the the CO NAAQS for an additional 10 equivalent transportation control transportation conformity rule can years following the initial ten-year measure. The contingency plan is already be considered to satisfy the maintenance period. To address the triggered either when an exceedance of regional emissions analysis and ‘‘budget possibility of future NAAQS violations, the level of the 8 hour standard is test’’ requirements in 40 CFR 93.118 of the maintenance plan must contain recorded and any monitor, or when a the rule. However, since Northern Ada contingency measures, with a schedule monitor records non-overlapping 8 hour County is still a maintenance area, for adoption and implementation, that CO concentrations of 8 parts per million transportation conformity are adequate to assure prompt (ppm) on 4 or more days within a single determinations are still required for correction of a violation. winter season within the nonattainment transportation plans, programs, and The analysis of the pertinent area. EPA finds that the contingency projects. Specifically, for such maintenance plan requirements follows: measures provided in the maintenance determinations, transportation plans, TIPs, and projects must still 1. Emissions Inventory—Attainment plan are adequate to ensure prompt demonstrate that they are fiscally Year correction of a violation. constrained (40 CFR part 108) and must The plan must contain an attainment IV. Conformity meet the criteria for consultation and year emissions inventory to identify the A. How Is Transportation Conformity TCM implementation in the conformity level of emissions in the area which is rule (40 CFR 93.112 and 40 CFR 93.113). sufficient to attain the CO NAAQS. This Demonstrated to a Limited Maintenance Plan? In addition, projects in Northern Ada inventory is to be consistent with EPA’s County will still have to meet the most recent guidance on emissions Section 176(c) of the Act defines criteria for CO hot spot analyses (40 CFR inventories for nonattainment areas transportation conformity as conformity 93.116 and 40 CFR 93.123) that must available at the time 1 and should to the SIP’s purpose of eliminating or incorporate the latest planning represent emissions during the time reducing the severity and number of assumptions and models that are period associated with the monitoring violations of the NAAQS and achieving available. expeditious attainment of such 1 The October 6, 1995, limited maintenance plan standards. Also, the Act states that no B. What Is the Adequacy Status of This guidance memorandum states that current guidance Federal transportation activity will: (1) Limited Maintenance Plan? on the preparation of emissions inventories for CO areas is contained in the following documents: Cause or contribute to any new violation On March 2, 1999, the United States ‘‘Procedures for the Preparation of Emission of any standard in any area, (2) increase Court of Appeals for the District of Inventories for Carbon Monoxide and Precursors of the frequency or severity of any existing Columbia Circuit issued a decision on Ozone: Volume I’’ (EPA–450/4–91–016), and ‘‘Procedures for Emission Inventory Preparation: violation of any standard in any area, or EPA’s third set of conformity revisions Volume IV, Mobile Sources’’ (EPA–450/4–81–026d (3) delay timely attainment of any in response to a case brought by the revised). standard or any required interim Environmental Defense Fund. This

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decision stated that a conformity Significantly Affect Energy Supply, 272 note) do not apply. This rule does determination cannot be made using a Distribution, or Use’’ (66 FR 28355, May not impose an information collection submitted motor vehicle emission 22, 2001). This action merely approves burden under the provisions of the budget until EPA makes a positive state law as meeting Federal Paperwork Reduction Act of 1995 (44 determination that the submitted budget requirements and imposes no additional U.S.C. 3501 et seq.). is adequate. In response to the court’s requirements beyond those imposed by The Congressional Review Act, 5 decision, EPA issued guidance on our state law. Accordingly, the U.S.C. 801 et seq., as added by the Small adequacy process on May 14, 1999. Administrator certifies that this rule Business Regulatory Enforcement In accordance with our guidance and will not have a significant economic Fairness Act of 1996, generally provides the court decision, the Northern Ada impact on a substantial number of small that before a rule may take effect, the County limited maintenance plan was entities under the Regulatory Flexibility agency promulgating the rule must posted for adequacy review of the motor Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a vehicle emissions budget on March 20, rule approves pre-existing requirements copy of the rule, to each House of the 2002, on EPA’s conformity Web site: under state law and does not impose Congress and to the Comptroller General http://www.epa.gov/otaq/traq, (once any additional enforceable duty beyond of the United States. EPA will submit a there, click on the ‘‘Conformity’’ button, that required by state law, it does not report containing this rule and other then look for ‘‘Adequacy Review of SIP contain any unfunded mandate or required information to the U.S. Senate, Submissions for Conformity’’). As a significantly or uniquely affect small the U.S. House of Representatives, and general rule, however, limited governments, as described in the the Comptroller General of the United maintenance plans do not include Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in budgets. Instead, the limited (Public Law 104–4). the Federal Register. A major rule maintenance plan for Northern Ada This rule also does not have tribal cannot take effect until 60 days after it County concludes that the area will implications because it will not have a is published in the Federal Register. continue to maintain the CO air quality substantial direct effect on one or more This action is not a ‘‘major rule’’ as standard regardless of the quantity of Indian tribes, on the relationship defined by 5 U.S.C. 804(2). emissions from the on-road between the Federal Government and transportation sector; essentially, the Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean budget is unlimited. Therefore, EPA’s power and responsibilities between the Air Act, petitions for judicial review of adequacy review of the Northern Ada Federal Government and Indian tribes, this action must be filed in the United County limited maintenance plan as specified by Executive Order 13175 States Court of Appeals for the primarily focused on whether the area (65 FR 67249, November 6, 2000). This appropriate circuit by December 27, qualifies for the applicable limited action also does not have Federalism 2002. Filing a petition for maintenance policy for CO. From our implications because it does not have reconsideration by the Administrator of review, EPA has concluded that substantial direct effects on the States, this final rule does not affect the finality Northern Ada County does meet the on the relationship between the national of this rule for the purposes of judicial criteria for a limited maintenance plan, government and the States, or on the review nor does it extend the time and therefore, is able to find this limited distribution of power and within which a petition for judicial maintenance plan adequate for responsibilities among the various review may be filed, and shall not conformity purposes. levels of government, as specified in postpone the effectiveness of such rule Executive Order 13132 (64 FR 43255, or action. This action may not be C. Are the Requirements for General August 10, 1999). This action merely challenged later in proceedings to Conformity Altered Under This Limited approves a state rule implementing a enforce its requirements. (See section Maintenance Plan? Federal standard, and does not alter the 307(b)(2).) No. Although the requirements to relationship or the distribution of power perform a regional emissions analysis and responsibilities established in the List of Subjects and budget test under the transportation Clean Air Act. This rule also is not 40 CFR Part 52 conformity rule are altered under a subject to Executive Order 13045 limited maintenance plan, the ‘‘Protection of Children from Environmental protection, Air requirements for general conformity are Environmental Health Risks and Safety pollution control, Carbon monoxide, not changed. Upon today’s approval of Risks’’ (62 FR 19885, April 23, 1997), Intergovernmental relations, Reporting the Northern Ada County limited because it is not economically and recordkeeping requirements. significant. maintenance plan, 40 CFR part 93, 40 CFR Part 81 subpart B General Conformity Rules for In reviewing SIP submissions, EPA’s federal actions still apply. role is to approve state choices, Air pollution control, National parks, provided that they meet the criteria of Wilderness areas. V. Final Action the Clean Air Act. In this context, in the EPA is approving the Northern Ada absence of a prior existing requirement Dated: October 10, 2002. County CO maintenance plan and for the State to use voluntary consensus Ronald A. Kreizenbeck, redesignating the area to attainment. standards (VCS), EPA has no authority Acting Regional Administrator, Region 10. to disapprove a SIP submission for VI. Administrative Requirements failure to use VCS. It would thus be Parts 52 and 81, chapter I, title 40 of Under Executive Order 12866 (58 FR inconsistent with applicable law for the Code of Federal Regulations are 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, amended as follows: not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission therefore is not subject to review by the that otherwise satisfies the provisions of PART 52—[AMENDED] Office of Management and Budget. For the Clean Air Act. Thus, the this reason, this action is also not requirements of section 12(d) of the 1. The authority citation for part 52 subject to Executive Order 13211, National Technology Transfer and continues to read as follows: ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. Authority: 42 U.S.C. 7401 et seq.

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Subpart N—Idaho Nonattainment Area, submitted by the Authority: 42 U.S.C. 7401 et seq. State on January 17, 2002. 2. Section 52.672 is added to Subpart (2) [Reserved]. 2. In § 81.313, the table entitled N to read as follows: (b) Lead. [Reserved] ‘‘Idaho—Carbon Monoxide’’ is amended (c) Nitrogen Dioxide. [Reserved] by revising the entry for ‘‘Boise— § 52.672 Approval of plans. (d) Ozone. [Reserved] Northern Ada County’’ to read as (e) Particulate Matter. [Reserved] follows: (a) Carbon Monoxide. (1) EPA (f) Sulfur Dioxide. [Reserved] approves as a revision to the Idaho State § 81.313 Idaho. PART 81—[AMENDED] Implementation Plan, the Limited * * * * * Maintenance Plan for the Northern Ada 1. The authority citation for part 81 County Carbon Monoxide Not-Classified continues to read as follows:

IDAHO—CARBON MONOXIDE

Designation Classification Designated Area Date 1 Type Date 1 Type

******* Boise-Northern Ada County Area: The Boise-Ada County nonattainment area is described 12/27/02 Attainment. as follows: Beginning at a point in the center of the channel of the Boise River which the section line be- tween sections fifteen (15) and sixteen (16), Township three (3) north, range four (4) east crosses said river; thence down the center of the channel of the Boise River to a point opposite the mouth of Mores Creek. Thence in a straight line north forty four (44) degrees and 36 minutes west until the said line intersects the north line of Township five (5) north (12 Ter. Ses. 67); thence west to the northwest corner of Township five (5) north, range one (1) west; thence southerly to the northwest corner of Township three (3) north, range one (1) west; thence east to the northwest corner of Section four (4) township three (3) north, range one (1) west; thence south to the southeast corner of sec- tion thirty-two (32), township two (2) north, range one (1) west; thence, west to the northwest corner town- ship one (1) north, range one (1) west; thence south- erly to the southwest corner of township one (1) north, range one (1) west; thence east to the south- west corner of section thirty-three (33), township one (1) north, range four (4) east; thence in a northerly di- rection along the north and south centerline of town- ship one (1), two (2) and three (3) north, range four (4) east, Boise Meridian, to a point in the center of the channel of the Boise River where the section line between section fifteen (15) and sixteen (16) township three (3) north, range four (4) east, Boise Meridian crosses said Boise River, the point of beginning.

******* 1 This date is November 15, 1990, unless otherwise noted.

* * * * * FEDERAL EMERGENCY Elevations is appropriate because of [FR Doc. 02–27237 Filed 10–25–02; 8:45 am] MANAGEMENT AGENCY new scientific or technical data. New BILLING CODE 6560–50–P flood insurance premium rates will be 44 CFR Part 65 calculated from the modified Base Flood [Docket No. FEMA—B –7431] Elevations for new buildings and their contents. Changes in Flood Elevation DATES: These modified Base Flood Determinations Elevations are currently in effect on the AGENCY: Federal Emergency dates listed in the table below and Management Agency (FEMA). revise the Flood Insurance Rate Maps in effect prior to this determination for ACTION: Interim rule. each listed community. SUMMARY: This interim rule lists From the date of the second communities where modification of the publication of these changes in a Base (1-percent-annual-chance) Flood newspaper of local circulation, any

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person has ninety (90) days in which to The modified Base Flood Elevations NFIP. No regulatory flexibility analysis request through the community that the are the basis for the floodplain has been prepared. Director, Federal Insurance and management measures that the Regulatory Classification Mitigation Administration, reconsider community is required to either adopt the changes. The modified elevations or to show evidence of being already in This interim rule is not a significant may be changed during the 90-day effect in order to qualify or to remain regulatory action under the criteria of period. qualified for participation in the section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory ADDRESSES: The modified Base Flood National Flood Insurance Program Elevations for each community are (NFIP). Planning and Review, 58 FR 51735. These modified elevations, together available for inspection at the office of Executive Order 12612, Federalism the Chief Executive Officer of each with the floodplain management criteria This rule involves no policies that community. The respective addresses required by 44 CFR 60.3, are the have federalism implications under are listed in the table below. minimum that are required. They should not be construed to mean that Executive Order 12612, Federalism, FOR FURTHER INFORMATION CONTACT: the community must change any dated October 26, 1987. Matthew B. Miller, P.E., Chief, Hazards existing ordinances that are more Study Branch, Federal Insurance and Executive Order 12778, Civil Justice stringent in their floodplain Reform Mitigation Administration, 500 C Street management requirements. The SW., Washington, DC 20472, (202) 646– community may at any time enact This rule meets the applicable 3461, or (e-mail) [email protected]. stricter requirements of its own, or standards of section 2(b)(2) of Executive SUPPLEMENTARY INFORMATION: The pursuant to policies established by other Order 12778. modified Base Flood Elevations are not Federal, State, or regional entities. List of Subjects in 44 CFR Part 65 listed for each community in this The changes in Base Flood Elevations interim rule. However, the address of are in accordance with 44 CFR 65.4. Flood insurance, Floodplains, the Chief Executive Officer of the Reporting and recordkeeping community where the modified Base National Environmental Policy Act requirements. Flood Elevation determinations are This rule is categorically excluded Accordingly, 44 CFR part 65 is available for inspection is provided. from the requirements of 44 CFR part amended to read as follows: Any request for reconsideration must 10, Environmental Consideration. No be based on knowledge of changed environmental impact assessment has PART 65—[AMENDED] conditions or new scientific or technical been prepared. data. 1. The authority citation for part 65 The modifications are made pursuant Regulatory Flexibility Act continues to read as follows: to section 201 of the Flood Disaster The Administrator, Federal Insurance Authority: 42 U.S.C. 4001 et seq.; Protection Act of 1973, 42 U.S.C. 4105, and Mitigation Administration certifies Reorganization Plan No. 3 of 1978, 3 CFR, and are in accordance with the National that this rule is exempt from the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Flood Insurance Act of 1968, 42 U.S.C. requirements of the Regulatory 3 CFR, 1979 Comp., p. 376. 4001 et seq., and with 44 CFR part 65. Flexibility Act because modified Base For rating purposes, the currently Flood Elevations are required by the § 65.4 [Amended] effective community number is shown Flood Disaster Protection Act of 1973, 2. The tables published under the and must be used for all new policies 42 U.S.C. 4105, and are required to authority of § 65.4 are amended as and renewals. maintain community eligibility in the follows:

Date and name of news- State and county Location and paper where notice was Chief executive officer of Effective date of Community case No. published community modification No.

Arizona: Maricopa ...... Town of Care- August 29, 2002; Sep- The Honorable Edward C. Mor- December 5, 2002 ..... 040126 free (01–09– tember 5, 2002; Ari- gan, Mayor, Town of Carefree 1157P), (02– zona Business Gazette. P.O. Box 740, Carefree, Arizona 09–1409X). 85377. Maricopa ...... Town of Cave August 29, 2002; Sep- The Honorable Vincent Francia, December 5, 2002 ..... 040129 Creek (01–09– tember 5, 2002; Ari- Mayor, Town of Cave Creek, 1157P), (02– zona Business Gazette. 37622 North Cave Creek Road, 09–1409X). Cave Creek, Arizona 85331. Maricopa ...... City of Chandler July 24, 2002; July 31, The Honorable Jay Tibshraeny, October 30, 2002 ...... 040040 (02–09–248P). 2002; Arizona Republic. Mayor, City of Chandler, 55 North Arizona Place, Chandler, Arizona 85225. Maricopa ...... City of Scotts- August 29, 2002; Sep- The Honorable Mary Manross, December 5, 2002 ..... 045012 dale (01–09– tember 5, 2002; Ari- Mayor, City of Scottsdale, 3939 1157P), (02– zona Business Gazette. North Drinkwater Boulevard, 09–1409X). Scottsdale, Arizona 85251. Maricopa ...... Unincorporated September 5, 2002; Sep- The Honorable Don Stapley, August 21, 2002 ...... 040037 Areas (02–09– tember 12, 2002; Ari- Chairman, Maricopa County 068P). zona Business Gazette. Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, Arizona 85003.

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Date and name of news- State and county Location and paper where notice was Chief executive officer of Effective date of Community case No. published community modification No.

Pima ...... City of Tucson September 18, 2002; The Honorable Robert Walkup, September 11, 2002 .. 040076 (02–09– September 25, 2002; Mayor, City of Tucson, P.O. Box 1050P). Daily Territorrial. 27210, Tucson, Arizona, 85726. Pima ...... Unincorporated September 19, 2002; The Honorable Raul Grijalva, September 9, 2002 ... 040073 Areas (02–09– September 26, 2002; Chairman, Pima County , Board 1007P). Arizona Daily Star. of Supervisors, 130 West Con- gress, 11th Floor, Tucson, Ari- zona 85701. California: Alameda ...... City of Dublin, July 26, 2002; August 2, The Honorable Janet Lockhart, November 1, 2002 ..... 060705 (00–09–931P). 2002; Tri-Valley Herald. Mayor, City of Dublin, 100 Civic Plaza, Dublin, California 94568. San Diego ... City of San August 15, 2002; August The Honorable Richard M. Mur- November 21, 2002 .. 060295 Diego, (00– 22, 2002; San Diego phy, Mayor, City of San Diego, 09–717P). Union-Tribune. 202 C Street, 11th Floor, San Diego, California 92101. Yolo ...... City of Winters, August 1, 2002; August The Honorable Harold Anderson, July 11, 2002 ...... 060425 (02–09–649P). 8, 2002; Winters Ex- Mayor, City of Winters, 318 First press. Street, Winters, California 95694–1923. Colorado: El Paso ...... City of Colorado August 14, 2002; August The Honorable Mary Lou August 6, 2002 ...... 080060 Springs, (02– 21, 2002; The Gazette. Makepeace, Mayor, City of Col- 08–141P). orado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901–1575. El Paso ...... City of Colorado September 5, 2002; Sep- The Honorable Mary Lou August 21, 2002 ...... 080060 Springs, (02– tember 12, 2002; The Makepeace, Mayor, City of Col- 08–325P). Gazette. orado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901–1575. Jefferson ...... City of Golden August 8, 2002; August The Honorable Charles J. Baroch, November 14, 2002 .. 080090 (02–08–185P). 15, 2002; Denver Post. Mayor, City of Golden, 911 10th Street, Golden, Colorado 80401. Jefferson ...... City of West- September 12, 2002; The Honorable Ed Moss, Mayor, December 19, 2002 .. 080008 minster (02– September 19, 2002; City of Westminster, 4800 West 08–013P). Westminster Window. 92nd Avenue, Westminster, Col- orado 80031. Jefferson ...... Unincorporated August 8, 2002; August The Honorable Michelle Law- July 23, 2002 ...... 080087 Areas (02–08– 15, 2002; Denver Post. rence, Chairman, Jefferson 185P). County Board of Commis- sioners, 100 Jefferson County Parkway, Golden, Colorado 80419. Jefferson ...... Unincorporated September 18, 2002; The Honorable Michelle Law- December 25, 2002 .. 080087 Areas (02–08– September 25, 2002; rence, Chairman, Jefferson 368P). Canyon Courier. County Board of Commis- sioners, 100 Jefferson County Parkway, Golden, Colorado 80419. Weld ...... Town of Fire- July 31, 2002; August 7, The Honorable Michael Simone, November 6, 2002 .... 080241 stone (01–08– 2002; Farmer and Mayor, Town of Firestone, P.O. 384P). Miner. Box 100, Firestone, Colorado 80520. Weld ...... Unincorporated July 31, 2002; August 7, The Honorable Glenn Vaad, July 11, 2002 ...... 080266 Areas (01–08– 2002; Greeley Tribune. Chairman, Weld County Board 384P). of Commissioners, P.O. Box 758, Greeley, Colorado 80632– 0758. Texas: Collin ...... City of Frisco February 1, 2002; Feb- The Honorable Kathy Seei, Mayor, November 2, 2000 ..... 480134 (00–06– ruary 8, 2002; Frisco City of Frisco, City Hall, P.O. 1133P). Enterprise. Box 1100, Frisco, Texas 75034. Dallas ...... City of Dallas January 31, 2002; Feb- The Honorable Ron Kirk, Mayor, November 13, 2000 .. 480171 (99–06– ruary 7, 2002; Dallas City of Dallas, 1500 Marilla 1120P). Morning News. Street, Dallas, Texas 75201. Utah: Utah ...... City of Spanish August 28, 2002; Sep- The Honorable Dale Barney, February 16, 2003 ..... 490241 Fork (01–08– tember 4, 2002; Daily Mayor, City of Spanish Fork, 40 306P). Herald. South Main Street, Spanish Fork, Utah 84660.

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Date and name of news- State and county Location and paper where notice was Chief executive officer of Effective date of Community case No. published community modification No.

Utah ...... Unincorporated August 28, 2002; Sep- The Honorable Jerry Grover, December 4, 2002 ..... 495517 Areas (01–08– tember 4, 2002; Daily Chairman, Utah County Board 306P). Herald. of Commissioners, County Ad- ministration Building, 100 East Center Street, Suite 2300, Provo, Utah 84606.

(Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE 83.100, ‘‘Flood Insurance’’) Andrew J. Rhodes, Media Bureau, (202) Dated: October 17, 2002. 418–2180. 48 CFR Parts 208 and 216 Anthony S. Lowe, SUPPLEMENTARY INFORMATION: This is a Training Supporting Implementation of Administrator, Federal Insurance and Mitigation Administration. synopsis of the Commission’s Report Section 803 of the National Defense Authorization Act for Fiscal Year 2002, [FR Doc. 02–27320 Filed 10–25–02; 8:45 am] and Order in MM Docket No. 01–11, adopted September 25, 2002, and Competition Requirements for BILLING CODE 6718–04–P released October 9, 2002. The full text Purchase of Services Under Multiple of this decision is available for Award Contracts inspection and copying during normal AGENCY: Department of Defense (DoD). business hours in the FCC’s Reference FEDERAL COMMUNICATIONS ACTION: Notice of training opportunities. COMMISSION Information Center at Portals II, CY– A257, 445 12th Street, SW., SUMMARY: The Director, Defense 47 CFR Part 73 Washington, DC. The complete text of Procurement, is sponsoring two training this decision may also be purchased sessions to support implementation of [DA 02–2514, MM Docket No. 01–11, RM– from the Commission’s copy contractor, the Defense Federal Acquisition 10027, and RM–10322] Qualex International, Portals II, 445 Regulation Supplement final rule 12th Street, SW., Room CY–B402, published in the Federal Register on Radio Broadcasting Services; Arcadia, Washington, DC 20554, telephone 202– October 25, 2002, under DFARS Case Desert Hot Springs, Fallbrook, 863–2893, facsimile 202–863–2898, or 2001-D017, Competition Requirements Murrieta, and Yucca Valley, CA via e-mail [email protected]. for Purchase of Services Under Multiple Award Contracts. AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 Commission. DATES: Training will be conducted on October 31, 2002, and on November 12, ACTION: Final rule. Radio, Radio broadcasting. 2002, from 1–3 p.m. Part 73 of Title 47 of the Code of SUMMARY: This document allots Channel ADDRESSES: Training will be conducted Federal Regulations is amended as 281A to Murrieta, California, as a first in the Crystal City area of Arlington, local aural service in response to a follows: VA, in Room C–43, Crystal Mall 4, 1941 Jefferson Davis Highway, Arlington, VA rulemaking petition filed by Helen PART 73—RADIO BROADCAST Jones. See 66 FR 8559, February 1, 2001. 22202. The room is located on the SERVICES The coordinates for Channel 281A at Underground/Tunnel level and is accessible from the Metro. Murrieta are 33–32–55 and 117–09–26. 1. The authority citation for part 73 The document also denies a continues to read as follows: FOR FURTHER INFORMATION CONTACT: For counterproposal filed by Big City Radio- information regarding registration for LA, L.L.C., to upgrade Station Authority: 47 U.S.C. 154, 303, 334 and 336. the training sessions or other training KLYY(FM), Arcadia, California, from § 73.202 [Amended] issues, contact Ms. Melissa Rider, Channel 296A to Channel 296B1. To Procurement Analyst, at accommodate the upgrade, the 2. Section 73.202(b), the Table of FM [email protected] or (703) 614– counterproposal also proposed to Allotments under California, is 3883. For information regarding final substitute 281A for Channel 296A for amended by adding Murrieta, Channel rule content, contact the case manager, Station KSYY(FM), Fallbrook California, 281A. Ms. Susan Schneider, at (703) 602–0326. and to downgrade, reallot, and change SUPPLEMENTARY INFORMATION: DoD Federal Communications Commission. the community of license of Station contracting personnel and personnel KYOR(FM), Channel 295B, Yucca John A. Karousos, who develop requirements for service Valley, California, to Channel 295B1 at Assistant Chief, Audio Division, Media task orders under multiple award Desert Hot Springs, California. The staff Bureau. vehicles (including Federal Supply reasoned that the counterproposal could [FR Doc. 02–27326 Filed 10–25–02; 8:45 am] Service multiple award schedules), not be granted because the BILLING CODE 6712–01–P civilian agency personnel who fulfill Commission’s policies and rules do not DoD requirements under the Economy permit pre-1964 grandfathered, short- Act, and representatives of companies spaced stations such as KLYY(FM) to that have been awarded a multiple upgrade channel class with short- award contract for services should spacings to stations on second or third attend the training. Civilian agencies adjacent FM channels. must follow the new DoD procedures if DATES: Effective November 25, 2002. they acquire services on behalf of DoD

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under multiple award contracts or of the ALWTRP may be obtained by Corrections schedules. Attendance at the training writing Diane Borggaard, NMFS, NMFS noted in the preamble to the sessions is limited to 60 per session. For Northeast Region, 1 Blackburn Dr., DAM proposed (66 FR 50160) and final those who are unable to attend the Gloucester, MA 01930 or Katherine rules (67 FR 1133) that if NMFS decides training sessions, briefings, including Wang, NMFS, Southeast Region, 9721 not to implement restrictions within a briefer notes, have been posted to the Executive Center Dr., St.Petersburg, FL DAM zone, it will issue an alert to Defense Procurement Web site at 33702–2432. fishermen requesting that they http://www.acq.osd.mil/dp under the FOR FURTHER INFORMATION CONTACT: voluntarily remove lobster trap and special interest drop down box/Section anchored gillnet gear from a DAM zone 803. Diane Borggaard, NMFS, Northeast Region, 978–281–9145; or Patricia and asking them not to set additional Michele P. Peterson, Lawson, NMFS, Office of Protected gear inside it. However, NMFS Executive Editor, Defense Acquisition Resources, 301–713–2322. Individuals inadvertently omitted this language Regulations Council. who use a telecommunications device from the regulatory text section of the [FR Doc. 02–27348 Filed 10–25–02; 8:45 am] for the deaf (TDD) may call theFederal DAM rule. The new and existing SAM gear BILLING CODE 5001–08–P Information Relay Service at 1–800– 877–8339 between 8 a.m. and 4 p.m. requirements discussed in the Eastern time, Monday through Friday, preambles to the SAM proposed and interim final rules are intended to be DEPARTMENT OF COMMERCE excludingFederal holidays. required in addition to existing National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: requirements for Northern Inshore State Lobster Waters, Northern Nearshore Administration Electronic Access Lobster Waters, Offshore Lobster 50 CFR Part 229 Several of the background documents Waters, and Other Northeast Gillnet for the ALWTRP and the take reduction Waters or in place of the existing [Docket No. 020819201–2201–01; I.D.’s planning process can be downloaded requirements for those areas to the 091401B and 092401E] from the ALWTRP web site at http:// extent the SAM gear requirements RIN 0648–AQ23 www.nero.nmfs.gov/whaletrp/. Copies conflict with them. But, text to that of the most recent marine mammal stock effect did not appear in the proposed Taking of Marine Mammals Incidental assessment reports may be obtained by rule’s regulatory text. NMFS noted this to Commercial Fishing Operations; writing to Richard Merrick, NMFS, 166 discrepancy and intended to correct this Atlantic Large Whale Take Reduction Water St., Woods Hole, MA 02543 or oversight in the interim final rule. Plan Regulations can be downloaded from the Internet at However, this clarification was also inadvertently omitted from the interim AGENCY: http://www.wh.whoi.edu/psb/ National Marine Fisheries final rule’s regulatory text section. Service (NMFS), National Oceanic and sar2001.pdf. In addition, copies of the document entitled ‘‘Defining Triggers Therefore, the regulations are corrected Atmospheric Administration (NOAA), to note that the SAM gear modifications Commerce. for Temporary Area Closures to Protect Right Whales from Entanglements: supercede requirements found at ACTION: Final rule, technical existing ALWTRP fishery specific area amendment. Issues and Options’’ and ‘‘Identification of Seasonal Area Management Zones for requirements when they are more restrictive. SUMMARY: North Atlantic Right Whale NMFS is issuing a correction The SAM interim final rule also to the interim final rule and final rule Conservation’’ are available by writing to Diane Borggaard, NMFS, Northeast incorrectly defined SAM East to include implementing the ALWTRP’s Seasonal Point 9, 42&30′ N Lat., 66°50′ W Long., Region, 1 Blackburn Dr., Gloucester, MA Area Management (SAM) and Dynamic which is outside the Exclusive 01930 or can be downloaded from the Area Management (DAM) programs, Economic Zone. This rule removes this Internet at http://www.nero.nmfs.gov/ respectively, which were published in point from the regulations and whaletrp/. the Federal Register on January 9, 2002. renumbers the remaining points. Also, The purpose of this action is to correct Background NMFS clarifies that the gear restriction errors in and make minor clarifications in § 229.32 (g)(4)(ii)(B) applies in SAM to the SAM interim final rule and to the This final rule modifies the Atlantic East. While the fact that the gear DAM final rule. Some aspects of the Large Whale Take Reduction Plan as restrictions in § 229.32(g)(4)(ii)(B) apply SAM and DAM program were deemed necessary by NMFS to satisfy in SAM East is clear from the structure inadvertently omitted from the requirements of the Endangered Species of the regulations, NMFS is adding the associated regulatory text and this Act (ESA) and the Marine Mammal words ‘‘in SAM East’’ for added clarity. technical amendment makes the Protection Act (MMPA). On January 9, A number of clarifications are made to regulatory text reflect information 2002, NMFS published a SAM interim § 229.32 (g)(4)(i)(B). First, NMFS provided in the rules’ preambles. final rule (67 FR 1142) and DAM final clarifies that the gear restriction in DATES: Effective October 28, 2002. rule (67 FR 1133) in the Federal § 229.32 (g)(4)(i)(B) applies in SAM ADDRESSES: Copies of the Register. The purpose of this final rule West. While the fact that the gear Environmental Assessment (EA), the is to correct errors in and make minor restrictions in § 229.32(g)(4)(i)(B) apply Regulatory Impact Review (RIR), and the clarifications in the SAM interim final in SAM West is clear from the structure Final Regulatory Flexibility Analysis rule and DAM final rule regulatory text. of the regulations, NMFS is adding the (FRFA), are available from the Protected NMFS had discussed the SAM and words ‘‘in SAM West’’ for added clarity. Resources Division, NMFS, 1 Blackburn DAM programs in the preambles to the Second, NMFS mistakenly omitted from Drive, Gloucester, MA 01930–2298. SAM and DAM rules, however, some the regulatory text for the SAM interim Atlantic Large Whale Take Reduction aspects of each program were final rule the following requirements: Team (ALWTRT) meeting summaries, inadvertently omitted from the (1) buoy lines are to be composed and progress reports on implementation associated regulatory text. entirely of sinking or neutrally buoyant

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line; and (2) floating ground lines and buoy line requirement was effective of the regulated community nor add buoy lines are prohibited. However, the January 1, 2003. This correction new requirements. Also, because this preambles to the proposed and interim removes the incorrect effective date rule corrects and clarifies provisions final rules for SAM stated that the from the graphics. and makes non-substantive or de ground lines and buoy lines were to be Figure 4 also incorrectly indicated on minimus changes to the SAM and DAM composed entirely of sinking or the SAM Gillnet Gear graphic that the regulations good cause exists, under 5 neutrally buoyant line in SAM areas, single buoy line requirement was U.S.C. 553(d), not to delay the effective and indicated that floating ground lines effective January 1, 2003, and described date for 30 days. and buoy lines are prohibited. Thus, the the SAM gillnet gear anchoring system Because a general notice of proposed wording at § 229.32 (g)(4)(i)(B)(1) and as a 22 lb (9.9 kg) Danforth-style anchor. rulemaking is not required under 5 (g)(4)(i)(B)(2) has been changed As noted above, the SAM interim final U.S.C. 553, or any other law, the accordingly to reflect the discussion in rule and associated gear modifications analytical requirements of the the preambles. were effective March 1, 2002. Regulatory Flexibility Act, 5 U.S.C. 601 Third, NMFS wrote ‘‘sinking ground Additionally, the regulations state that et seq., are inapplicable. While a line’’ in the heading at the beginning of all anchored gillnets, regardless of the Regulatory Flexibility Analysis is not § 229.32 (g)(4)(i)(B)(2); however, this has number of net panels, must be securely required and none has been prepared for been changed to ‘‘ground line’’ to clarify anchored with the holding power of at this technical amendment, the economic the requirement stated in the preambles least a 22 lb (9.9 kg) Danforth-style impacts on affected fisheries of the rules and the regulatory text following the anchor at each end of the net string. and alternatives to them were heading that ground lines be made This language is consistent with the considered by NMFS. Copies of the entirely of sinking or neutrally buoyant preamble of the proposed and interim analyses for the SAM interim final rule line. Fourth, NMFS noted on the SAM final rule for SAM. and the DAM final rule may be obtained Gillnet Gear graphics that five weak Classification from NMFS (see ADDRESSES) by links with a breaking strength not to requesting copies of the EA/RIRs for The Assistant Administrator (AA) exceed 1,100 lb (498.9 kg) each are each program. required on a net panel. However, the finds that good cause exists to waive the word ‘‘each’’ was not in the regulatory requirement to provide prior notice and Dated: October 17, 2002. text to the SAM interim final rule. the opportunity for comment, pursuant Rebecca Lent, Through this rule, § 229.32 to authority set forth at 5 U.S.C. Deputy Assistant Administrator for (g)(4)(i)(B)(1)(iii) is clarified to indicate 553(b)(B), as such procedures would be Regulatory Programs, National Marine that the breaking strength of each weak unnecessary. Prior notice and Fisheries Service. link on a net panel must not exceed opportunity for comment are Corrections to the Preamble of the 1,100 lb (498.9 kg). unnecessary because the technical Interim Final Rule The SAM interim final rule and amendment to the regulations associated gear modifications were implementing the SAM and DAM In rule FR Doc. 02–274, published effective March 1, 2002; however, programs merely clarifies NMFS’ intent January 9, 2002 (67 FR 1142), make the NMFS mistakenly indicated on the SAM as explained in the preambles to the following corrections: Northern Nearshore and Inshore Lobster rules and will have a de minimus effect, 1. On pages 1146 and 1147, Figures 2 Gear and SAM Offshore Lobster Gear if any, on the regulated community. The and 3 are corrected to read as follows: graphics (Figures 2 and 3) that the single clarifications do not increase the scope BILLING CODE 3510–22–S

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2. On page 1149, Figure 4 is corrected to read as follows:

BILLING CODE 3510–22–C

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List of Subjects in 50 CFR Part 229 § 229.32 (b) – (d), a vessel may fish in or western end of the gillnet string Fisheries, Marine mammals. the SAM Areas as described in depending on the direction of the set. paragraphs (g)(4)(i)(A) and (g)(4)(ii)(A) (v) Gillnet anchor—All anchored For the reasons set out in the of this section, which overlay the gillnets, regardless of the number of net preamble, 50 CFR part 229 is corrected previously mentioned areas, provided panels, must be securely anchored with by making the following correcting the vessel complies with the gear a holding power of at least a 22 lb (9.9 amendments: requirements specified in paragraphs kg) Danforth-style anchor at each end of PART 229–AUTHORIZATION FOR (g)(4)(i)(B) and (g)(4)(ii)(B) of this the net string. COMMERCIAL FISHERIES UNDER THE section during the times specified in (2) Lobster Trap gear. (i) Ground lines MARINE MAMMAL PROTECTION ACT those paragraphs. The gear requirements and Buoy lines—All ground lines and OF 1972 in (g)(4)(i)(B) and (g)(4)(ii)(B) supercede buoy lines must be made entirely of requirements found at § 229.32 (b) - (d) sinking or neutrally buoyant line. 1. The authority citation for part 229 when the former are more restrictive Floating ground lines and buoy lines are continues to read as follows: than the latter. Copies of a chart prohibited. Authority: 16 U.S.C. 1361 et seq. depicting these areas are available from (ii) [Reserved] the Regional Administrator upon (iii) Offshore Lobster Waters Area § 229.32 [Corrected] request. buoy weak links—All buoy lines must 2. Corrected § 229.32 as follows: (i)* * * be attached to the buoy with a weak link a. Paragraph (g)(3)(iii) introductory (B) Gear requirements. Unless having a maximum breaking strength of text is corrected by removing the word otherwise authorized by the Assistant up to 1,500 lb (680.4 kg). Weak links ‘‘either’’ in the last sentence; Administrator for Fisheries, NMFS, in may include swivels, plastic weak links, b. Paragraph (g)(3)(iii)(A) is corrected accordance with paragraph (g)(2) of this rope of appropriate diameter, hog rings, by removing the word ‘‘or’’ at the end section, from March 1 through April 30, rope stapled to a buoy stick, or other of the text; no person may fish with anchored materials or devices approved in writing c. Paragraph (g)(3)(iii)(B) is corrected gillnet or lobster trap gear in SAM West by the Assistant Administrator. by adding ‘‘and/or’’ at the end of the unless that person’s gear complies with (iv) Buoy line—No more than one text; the following gear characteristics: buoy line per trawl is allowed. The buoy d. Paragraph (g)(3)(iii)(C) is correctly (1)Anchored gillnet gear. (i) Ground line must be attached to the northern or designated as (g)(3)(iii)(D); and lines and Buoy lines—All ground lines western end of the trawl string e. A new paragraph (g)(3)(iii)(C) is and buoy lines must be made entirely of depending on the direction of the set. added and paragraphs (g)(4) sinking or neutrally buoyant line. These requirements supersede the introductory text, (g)(4)(i)(B) and Floating ground lines and buoy lines are requirements found at § 697.21, which (g)(4)(ii) are correctly revised to read as prohibited. require one radar reflector at each end follows: (ii) Buoy weak links—All buoy lines of a trawl with more than three traps. § 229.32 Atlantic large whale take are attached to the buoy with a weak (ii) SAM East. (A) Area. SAM East reduction plan regulations. link having a maximum breaking consists of all waters bounded by straight lines connecting the following * * * * * strength of up to 1,100 lb (498.9 kg). points in the order stated: (g)* * * Weak links may include swivels, plastic weak links, rope of appropriate (3)* * * SAM EAST (iii)* * * diameter, hog rings, rope stapled to a buoy stick, or other materials or devices (C) Issue an alert to fishermen using Point N. Lat. W. Long. appropriate media to inform them of the approved in writing by the Assistant fact that right whale density in a certain Administrator. SAM5 41°48.9′ 69°24′ area has triggered a DAM zone. In the (iii) Net panel weak link—Each net SAM4 42°30′ 69°24′ alert, NMFS will provide detailed panel must have a total of five weak SAM8 42°30′ 67°26′ information on the location of the DAM links. The breaking strength of each of SAM9 41°45′ 66°50′ zone and the number of animals sighted these weak links must not exceed 1,100 SAM10 41°45′ 68°17′ ° ′ ° ′ within it. Furthermore, NMFS will lb (498.9 kg). The weak link SAM11 42 10 68 31 request that fishermen voluntarily requirements apply to all variations in remove lobster trap and anchored gillnet panel size. Three of the five weak links (B) Gear requirements. Unless gear from the DAM zone and ask that no must be located on the floatline. One otherwise authorized by the Assistant additional gear be set inside it for 15 floatline weak link must be placed at the Administrator for Fisheries, NMFS, in days or until NMFS rescinds the alert. center of the net panel, and two weak accordance with paragraph (g)(2) of this section, from May 1 through July 31, no * * * * * links must be placed as close as possible person may fish with anchored gillnet (4) Seasonal Area Management (SAM) to each of the bridle ends of the net or lobster trap gear in SAM East unless Program. In addition to existing panel. The remaining two of the five that person’s gear complies with the requirements for vessels deploying weak links must be placed in the center gear characteristics found at paragraph anchored gillnet or lobster trap gear in of each of the up and down lines at (g)(4)(i)(B) of this section. the Other Northeast Gillnet Waters, either end of each panel. Northern Inshore State Lobster Waters, (iv) Buoy line—No more than one * * * * * Northern Nearshore Lobster Waters, and buoy line per net string may be used, [FR Doc. 02–27363 Filed 10–25–02; 8:45 am] Offshore Lobster Waters found at and it must be deployed at the northern BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE Information relevant to this document is 15, 2002, with a possession and landing available for public review during limit of 20 salmon per day, and all size National Oceanic and Atmospheric business hours at the Office of the restrictions suspended for the duration Administration Regional Administrator, Northwest of the fishery. All other restrictions that Region, NMFS. apply to this fishery remained in effect 50 CFR Part 660 FOR FURTHER INFORMATION CONTACT: as announced in the 2002 annual [Docket No. 020430101–2101–01; I.D. Christopher Wright, 206–526–6140. management measures. The Regional Administrator 101102G] SUPPLEMENTARY INFORMATION: The determined that the best available Regional Administrator modified the information indicated that the catch and Fisheries Off West Coast States and in C&S harvest regulations for the Quileute effort data, and projections, supported the Western Pacific; West Coast Tribe to extend the C&S fishery through the above inseason actions Salmon Fisheries; Inseason Action midnight on Tuesday, October 15, 2002, recommended by the Quileute Tribe. 17—Adjustment of the Ceremonial and with a possession and landing limit of The States and Tribes manage the Subsistence Harvest Regulations for 20 salmon per day, and all size fisheries in State waters adjacent to the the Ocean Salmon Fisheries of the restrictions suspended for the duration Quileute Tribe areas of the U.S. exclusive economic of the fishery. On September 26, 2002, zone in accordance with this Federal the Northwest Regional Administrator, AGENCY: National Marine Fisheries action. As provided by the inseason Service (NMFS), National Oceanic and NMFS (Regional Administrator), notice procedures of 50 CFR 660.411 Atmospheric Administration (NOAA), determined that available catch and (a)(2), actual notice to fishers of the Commerce. effort data indicated that the tribal quota above described actions were given ACTION: Inseason adjustment; request for of 60,000 chinook and 60,000 coho prior to the effective dates by telephone comments. salmon had not been reached, and it hotline number 206–526–6667 and 800– was found that there was enough 662–9825, and by U.S. Coast Guard SUMMARY: NMFS announces that the salmon left in the quotas to allow Notice to Mariners broadcasts on ceremonial and subsistence (C&S) additional days of fishing in the C&S harvest regulations for the Quileute Channel 16 VHF-FM and 2182 kHz. fishery. Modification of Treaty Indian These actions do not apply to other Tribe were modified to extend the C&S fishing is authorized by regulations at fisheries that may be operating in other fishery through midnight on Tuesday, 50 CFR 660.408(k)(1). Automatic season areas. October 15, 2002, with a possession and closures based on quotas are authorized landing limit of 20 salmon per day, and by regulations at 50 CFR 660.409(a)(1), Classification all size restrictions suspended for the and modification of fishing seasons is The Assistant Administrator for duration of the fishery. On September authorized by regulations at 50 CFR Fisheries, NOAA (AA), finds that good 26, 2002 the Northwest Regional 660.409(b)(1)(i). cause exists for this notification to be Administrator, NMFS (Regional In the 2002 annual management issued without affording prior notice Administrator), determined that measures for ocean salmon fisheries (67 and opportunity for public comment available catch and effort data indicated FR 30616, May 7, 2002), NMFS under 5 U.S.C. 553(b)(B), or delaying the that the tribal overall quota of 60,000 announced that all treaty Indian effectiveness of this rule for 30 days chinook and 60,000 coho salmon had fisheries would open May 1, 2002, under 5 U.S.C. 553(d)(3), because such not been reached, and it was found that through the earlier of June 30, 2002, or notification and delay is impracticable there was enough salmon left in the a 30,000–chinook quota, and July 1, and contrary to the public interest. As quotas to allow additional days of 2002, through the earliest of September previously noted, actual notice of these fishing in the C&S fishery. These actions 15, 2002, or a 30,000–chinook or the actions were provided to fishers through were necessary to conform to the 2002 overall 60,000 coho quota. The telephone hotline and radio notification. management goals. minimum size and retention limits for These actions comply with the DATES: Closure of the C&S harvest for C&S harvest for the Quileute, Hoh, and requirements of the annual management the Quileute Tribe effective 2359 hours Quinault tribes were: ‘‘Not more than 2 measures for ocean salmon fisheries (67 local time, October 15, 2002, after which chinook longer than 24 inches (61.0 cm) FR 30616, May 7, 2002) and the West the fishery will remain closed until in total length may be retained per day. Coast Salmon Plan. Prior notice and opened through an additional inseason Chinook less than 24 inches (61.0 cm) opportunity for public comment is action, which will be published in the total length may be retained.’’ impracticable because NMFS, the Federal Register for the west coast On September 26, 2002, the Regional Tribes, and the State agencies have salmon fisheries, or until the effective Administrator consulted with insufficient time to provide for prior date of the year 2003 management representatives of the Pacific Fishery notice and the opportunity for public measures. Comments will be accepted Management Council, the Quileute comment between the time the fishery through November 15, 2002. Tribe, the Washington Department of catch and effort data are collected to ADDRESSES: Comments on this action Fish and Wildlife, the Makah Tribe, the determine the extent of the fisheries, must be mailed to D. Robert Lohn, Quinault Tribe, and other interested and the time the limits to which the Regional Administrator, Northwest parties by conference call. Information fishery must be in place. Moreover, such Region, NMFS, NOAA, 7600 Sand Point related to catch to date, the chinook and prior notice and the opportunity for Way N.E., Bldg. 1, Seattle, WA 98115– coho catch rates, and effort data public comment is contrary to the 0070; or faxed to 206–526–6376; or Rod indicated that the chinook and coho public interest because it does not allow McInnis, Acting Regional quotas had not been reached. As a fishers appropriately controlled access Administrator, Southwest Region, result, the Quileute Tribe to the available fish at the time they are NMFS, NOAA, 501 W. Ocean Blvd., recommended, and the Regional available. Suite 4200, Long Beach, CA 90802– Administrator concurred, that the The AA finds good cause to waive the 4132; or faxed to 562–980–4018. Quileute Tribe’s C&S fishery be 30–day delay in effectiveness required Comments will not be accepted if modified to extend the C&S fishery under 5 U.S.C. 553(d)(3). A delay in submitted via e-mail or the Internet. through midnight on Tuesday, October effectiveness of this action would not

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allow fishers appropriately controlled Rod McInnis, Acting Regional this fishery remain in effect as access to the available fish at the time Administrator, Southwest Region, announced in the 2002 annual they are available. NMFS, NOAA, 501 W. Ocean Blvd., management measures and subsequent This action is authorized by 50 CFR Suite 4200, Long Beach, CA 90802– inseason actions. 660.409 and 660.411 and is exempt from 4132, facsimile 562–980–4018. The Regional Administrator review under Executive Order 12866. Comments will not be accepted if determined that the best available Authority: 16 U.S.C. 1801 et seq. submitted via e-mail or the Internet. information indicated that the catch and Information relevant to this document is effort data, and projections, supported Dated: October 21, 2002. available for public review during the above inseason action recommended Bruce C. Morehead, business hours at the Office of the by the ODFW. The States manage the Acting Director, Office of Sustainable Regional Administrator, Northwest fisheries in State waters adjacent to the Fisheries, National Marine Fisheries Service. Region, NMFS. areas of the U.S. exclusive economic [FR Doc. 02–27361 Filed 10–25–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: zone in accordance with this Federal BILLING CODE 3510–22–S Christopher Wright, 206–526–6140. action. As provided by the inseason notice procedures of 50 CFR 660.411 SUPPLEMENTARY INFORMATION: The (a)(2), actual notice to fishers of the Regional Administrator closed the DEPARTMENT OF COMMERCE above described action was given prior commercial salmon fishery in the area to the effective date by telephone from Humbug Mountain, OR to the National Oceanic and Atmospheric hotline number 206–526–6667 and 800– Administration Oregon-California Border effective at 662–9825, and by U.S. Coast Guard midnight on Monday, September 9, Notice to Mariners broadcasts on 50 CFR Part 660 2002. Information provided on Channel 16 VHF-FM and 2182 kHz. September 9, 2002, estimated that the This action does not apply to other [Docket No. 020430101–2101–01; quota of 2,000 chinook salmon had been I.D.101102D] fisheries that may be operating in other reached. Automatic season closures areas. Fisheries Off West Coast States and in based on quotas are authorized by Classification the Western Pacific; West Coast regulations at 50 CFR 660.409(a)(1). Salmon Fisheries; Inseason Action No. In the 2002 annual management The Assistant Administrator for 15—Closure of the Commercial Fishery measures for ocean salmon fisheries (67 Fisheries, NOAA (AA), finds that good from Humbug Mountain, OR to the FR 30616, May 7, 2002), NMFS cause exists for this notification to be Oregon-California Border announced that the commercial fishery issued without affording prior notice for all salmon except coho in the area and opportunity for public comment AGENCY: National Marine Fisheries from Humbug Mountain, OR to the under 5 U.S.C. 553(b)(B), or delaying the Service (NMFS), National Oceanic and Oregon-California Border would open effectiveness of this rule for 30 days Atmospheric Administration (NOAA), July 1, 2002, through the earlier of July under 5 U.S.C. 553(d)(3), because such Commerce. 30, 2002, or a 1,500–chinook quota. The notification and delay is impracticable ACTION: Closure; request for comments. fishery would then reopen on August 1, and contrary to the public interest. As 2002, through the earlier of August 29, previously noted, actual notice of this SUMMARY: NMFS announces that the 2002, or a 3,000–chinook quota; and action was provided to fishers through commercial fishery for all salmon September 1, 2002, through the earlier telephone hotline and radio notification. except coho in the area from Humbug of September 30, 2002, or a 2,000– This action complies with the Mountain, OR to the Oregon-California chinook quota. No transfer of remaining requirements of the annual management Border was closed at midnight on quota from earlier fisheries allowed. measures for ocean salmon fisheries (67 September 9, 2002. The Northwest Inseason Action #8 announced the FR 30616, May 7, 2002) and the West Regional Administrator, NMFS commercial fishery for all salmon Coast Salmon Plan. Prior notice and (Regional Administrator), determined except coho in the area from Humbug opportunity for public comment is that the quota of 2,000 chinook salmon Mountain to the Oregon-California impracticable because NMFS and the had been reached. This action was Border was closed at midnight on July State agencies have insufficient time to necessary to conform to the 2002 26, 2002 (67 FR 57345, September 10, allow for prior notice and the management goals. 2002). It was determined that the quota opportunity for public comment DATES: Closure in the area from Humbug of 1,500 chinook salmon had been between the time the fishery catch and Mountain to the Oregon-California reached. effort data are collected to determine the border, effective 2359 hours local time On September 9, 2002, the Regional extent of the fisheries, and the time the (l.t.), September 9, 2002, after which the Administrator consulted with fishery closure must be implemented to fishery will remain closed until opened representatives of the Pacific Fishery avoid exceeding the quota. Moreover, through an additional inseason action, Management Council and Oregon such prior notice and the opportunity which will be published in the Federal Department of Fish and Wildlife for public comment is contrary to the Register for the west coast salmon (ODFW) by conference call. Information public interest because not closing the fisheries, or until the effective date of related to catch to date, the chinook fishery upon attainment of the quota the year 2003 management measures. catch rate, and effort data indicated that would allow the quota to be exceeded Comments will be accepted through it was likely that the quota had been and thus compromise conservation and November 15, 2002. reached. As a result, the State of Oregon allocation objectives established ADDRESSES: Comments on these actions recommended, and the Regional preseason, and it does not allow fishers must be mailed or faxed to D. Robert Administrator concurred, that the appropriately controlled access to the Lohn, Regional Administrator, commercial salmon fishery in the area available fish at the time they are Northwest Region, NMFS, NOAA, 7600 from Humbug Mountain, OR to the available. Sand Point Way N.E., Bldg. 1, Seattle, Oregon-California Border close effective The AA finds good cause to waive the WA 98115–0070, facsimile 206–526– at midnight on Monday, September 9, 30–day delay in effectiveness required 6376; or 2002. All other regulations that apply to under 5 U.S.C. 553(d)(3). A delay in

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effectiveness of this action would not hours l.t., September 6, 2002 through through the earlier of September 30 or allow fishers appropriately controlled 2359 hours l.t., September 15, 2002, a 55,700 coho subarea quota, with a access to the available fish at the time after which the fishery will remain guideline of 11,200 chinook. The they are available. closed until opened through an Westport sub-area was announced to This action is authorized by 50 CFR additional inseason action, which will open June 30, 2002, through the earlier 660.409 and 660.411 and is exempt from be published in the Federal Register for of September 8, 2002, or a 39,280 coho review under Executive Order 12866. the west coast salmon fisheries, or until subarea quota, with a guideline of Authority: 16 U.S.C. 1801 et seq. the effective date of the year 2003 32,000 chinook. management measures. Comments will The Columbia River sub-area fishery Dated: October 21, 2002. be accepted through November 15, was modified twice by inseason action. Bruce C. Morehead, 2002. The fishery was first modified to Acting Director, Office of Sustainable ADDRESSES: Comments on this action establish chinook minimum size limits Fisheries, National Marine Fisheries Service. must be mailed to D. Robert Lohn, of 28 inches (71.1 cm) total length from [FR Doc. 02–27359 Filed 10–25–02; 8:45 am] Regional Administrator, Northwest the U.S.-Canada Border to Leadbetter BILLING CODE 3510–22–S Region, NMFS, NOAA, 7600 Sand Point Point, WA, and 26 inches (66.0 cm) total Way N.E., Bldg. 1, Seattle, WA 98115– length from Leadbetter Point, WA to 0070; or faxed to 206–526–6376; or Rod Cape Falcon, OR effective July 21, 2002 DEPARTMENT OF COMMERCE McInnis, Acting Regional (67 FR 52891, August 14, 2002). Administrator, Southwest Region, Information provided on July 18, 2002, National Oceanic and Atmospheric regarding the available catch and effort Administration NMFS, NOAA, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802– data indicated that modifying the minimum size limit of 24 inches (61.0 50 CFR Part 660 4132; or faxed to 562–980–4018. Comments will not be accepted if cm) total length for chinook to the [Docket No. 020430101–2101–01; I.D. submitted via e-mail or the Internet. adjusted size limits should be 101102C] Information relevant to this document is implemented to slow the catch of available for public review during chinook and provide greater access to Fisheries Off West Coast States and in business hours at the Office of the the coho quota. Second, the season for the Western Pacific; West Coast Regional Administrator, Northwest the recreational fishery in the area from Salmon Fisheries; Inseason Action 14- Region, NMFS. the U.S.-Canada Border to Cape Falcon, -Adjustment of the Recreational OR, was modified to prohibit chinook FOR FURTHER INFORMATION CONTACT: Fishery from Leadbetter Point, WA to retention effective Saturday, August 10, Christopher Wright, 206–526–6140. Cape Falcon, OR (Columbia River 2002, in the Neah Bay, La Push, and Area) SUPPLEMENTARY INFORMATION: The Columbia River sub-areas (see 67 FR Regional Administrator modified the 61041, August 27, 2002). The three sub- AGENCY: National Marine Fisheries season for the recreational fishery in the areas would then remain open through Service (NMFS), National Oceanic and Columbia River sub-area to close at the earlier of their established season Atmospheric Administration (NOAA), midnight on Monday, September 2, end dates or the attainment of their Commerce. 2002, and then reopen Friday, respective marked coho subarea quotas. ACTION: Adjustment; request for September 6, 2002, through midnight on The recreational fishery in the comments. Sunday, September 15, 2002. On August Westport, WA sub-area was modified 29, 2002 the Northwest Regional three times by inseason action. The last SUMMARY: NMFS announces that the Administrator, NMFS (Regional action modified the Westport sub-area recreational fishery in the area from Administrator), determined that to reopen on Sunday, August 18, 2002, Leadbetter Point, WA to Cape Falcon, available catch and effort data indicated through midnight on Monday, August OR (Columbia River Area), was that the quota of 55,700 coho salmon 19, 2002, to access the available chinook modified to close at midnight on would be reached by September 2, 2002. and marked coho left in the sub-area Monday, September 2, 2002, and then However, after reevaluating the quotas (67 FR 63055, October 10, 2002). reopen Friday, September 6, 2002, available catch and effort data on The sub-area closed for the 2002 season through midnight on Sunday, September 4, 2002, it was found that because there were no chinook September 15, 2002. On August 29, there was enough salmon left in the remaining in the guideline. However, 2002, the Northwest Regional coho quota to allow an additional 10 there were approximately 20,000 Administrator, NMFS (Regional days of fishing if the remaining coho marked coho left in the Westport sub- Administrator), determined that were transferred from the Westport sub- area quota when the sub-area closed. available catch and effort data indicated area quota. Automatic season closures On August 29, 2002, the Regional that the quota of 55,700 coho salmon based on quotas are authorized by Administrator consulted with would be reached by September 2, 2002. regulations at 50 CFR 660.409(a)(1), and representatives of the Pacific Fishery However, after reevaluating the modification of fishing seasons is Management Council (Council), available catch and effort data on authorized by regulations at 50 CFR Washington Department of Fish and September 4, 2002, it was found that 660.409(b)(1)(i). Wildlife(WDFW), and Oregon there was enough salmon left in the In the 2002 annual management Department of Fish and Wildlife coho quota to allow an additional 10 measures for ocean salmon fisheries (67 (ODFW) by conference call. Information days of fishing if coho were transferred FR 30616, May 7, 2002), NMFS related to catch to date, the chinook and from Westport sub-area quota. These announced the recreational fishery in coho catch rates, and effort data actions were necessary to conform to the the area from the U.S.-Canada Border to indicated that it was likely that the coho 2002 management goals. Cape Falcon, OR, would have an overall quota would be reached by Monday, DATES: Closure in the Columbia River chinook quota of 67,500 fish, with each September 2, 2002. As a result, the Area effective 2359 hours local time of its four sub-areas having a chinook States of Washington and Oregon (l.t.), September 2, 2002; Reopening in guideline. The Columbia River sub-area recommended, and the Regional the Columbia River Area effective 0001 was announced to open July 7, 2002, Administrator concurred, that the

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Columbia River sub-area close effective management measures and subsequent requirements of the annual management at midnight on Monday, September 2, inseason actions. measures for ocean salmon fisheries (67 2002. All other restrictions that apply to The Regional Administrator FR 30616, May 7, 2002) and the West this fishery remained in effect as determined that the best available Coast Salmon Plan. Prior notice and announced in the 2002 annual information indicated that the catch and opportunity for public comment is management measures. In addition, the effort data, and projections, supported impracticable because NMFS and the parties agreed to reevaluate the fishery the above inseason actions State agencies have insufficient time to on September 4, 2002, to assess the recommended by the States. The States provide for prior notice and the possibility of further openers. manage the fisheries in State waters opportunity for public comment On September 4, 2002, the Regional adjacent to the areas of the U.S. between the time the fishery catch and Administrator again consulted with exclusive economic zone in accordance effort data are collected to determine the representatives of the Council, WDFW with this Federal action. As provided by extent of the fisheries, and the time the and ODFW by conference call. the inseason notice procedures of 50 limits to which the fishery must be Information related to catch to date, the CFR 660.411 (1)(2), actual notice to adjusted. Moreover, such prior notice chinook and coho catch rates, and effort fishers of the above described actions and the opportunity for public comment data indicated that there was enough were given prior to the effective dates by is contrary to the public interest because coho left in the Columbia River sub-area telephone hotline number 206–526– it does not allow fishers appropriately quota, added with the available coho 6667 and 800–662–9825, and by U.S. controlled access to the available fish at remaining from the Westport sub-area Coast Guard Notice to Mariners the time they are available. quota, to allow 10 more days of fishing. broadcasts on Channel 16 VHF-FM and The AA finds good cause to waive the In addition, enough chinook remained 2182 kHz. in the quota to account for anticipated These actions do not apply to other 30–day delay in effectiveness required hooking mortality that would occur fisheries that may be operating in other under 5 U.S.C. 553(d)(3). A delay in during the fishery. As a result, the States areas.Classification effectiveness of this action would not of Washington and Oregon The Assistant Administrator for allow fishers appropriately controlled recommended, and the Regional Fisheries, NOAA (AA), finds that good access to the available fish at the time Administrator concurred, that the cause exists for this notification to be they are available. recreational fishery in the Columbia issued without affording prior notice This action is authorized by 50 CFR River sub-area should be modified to and opportunity for public comment 660.409 and 660.411 and is exempt from reopen on Friday, September 6, 2002, under 5 U.S.C. 553(b)(B), or delaying the review under Executive Order 12866. through midnight on Sunday, effectiveness of this rule for 30 days Authority: 16 U.S.C. 1801 et seq. September 15, 2002, to access the under 5 U.S.C. 553(d)(3), because such available marked coho left in the notification and delay is impracticable Dated: October 21, 2002. modified sub-area quota. All other and contrary to the public interest. As Bruce C. Morehead, restrictions that applied to this fishery, previously noted, actual notice of these Acting Director, Office of Sustainable including the chinook non-retention actions were provided to fishers through Fisheries, National Marine Fisheries Service. requirement, remained in effect as telephone hotline and radio notification. [FR Doc. 02–27362 Filed 10–25–02; 8:45 am] announced in the 2002 annual These actions comply with the BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 67, No. 208

Monday, October 28, 2002

This section of the FEDERAL REGISTER 0812, Room 421, Kansas City, MO DEPARTMENT OF AGRICULTURE contains notices to the public of the proposed 64133–4676. Comments titled ‘‘Basic issuance of rules and regulations. The Provisions’’ may also be sent via the Agricultural Marketing Service purpose of these notices is to give interested Internet to persons an opportunity to participate in the 7 CFR Part 993 rule making prior to the adoption of the final [email protected]. A copy rules. of each comment will be available for [Docket No. FV02–993–3 PR] public inspection and copying from 7 a.m. to 4:30 p.m., CDT, Monday through Dried Prunes Produced in California; DEPARTMENT OF AGRICULTURE Friday, except holidays, at the above Revising the Regulations Pertaining to address. a Voluntary Prune Plum Diversion Federal Crop Insurance Corporation Program FOR FURTHER INFORMATION CONTACT: AGENCY: 7 CFR Parts 400, 407 and 457 Janice Nuckolls, Insurance Management Agricultural Marketing Service, USDA. RIN 0563–AB85 Specialist, Research and Development, Product Development Division, Risk ACTION: Proposed rule. General Administrative Regulations, Management Agency, at the Kansas City, SUMMARY: This rule invites comments Subpart T—Federal Crop Insurance MO address listed above, telephone on revising the administrative rules and Reform, Insurance Implementation, (816) 926–7730. regulations pertaining to a voluntary Regulations for the 1999 and SUPPLEMENTARY INFORMATION: prune plum diversion program under Subsequent Reinsurance Years; Group the California prune marketing order Risk Plan of Insurance Regulations for Background (order). The order regulates the handling the 2001 and Succeeding Crop Years; of dried prunes produced in California and the Common Crop Insurance On Wednesday, September 18, 2002, and is administered by the Prune Regulations, Basic Provisions FCIC published a proposed rule with Marketing Committee (Committee). The request for comments in the Federal AGENCY: Federal Crop Insurance proposed changes would revise the Register proposing changes to subpart T Corporation, USDA. regulations to reflect changes in in the General Administrative industry structure and current economic ACTION: Notice of reopening and Regulations, the Group Risk Plan of extension of comment period. conditions, and would modify Insurance Regulations, and the Common administrative procedures used in SUMMARY: The Federal Crop Insurance Crop Insurance Regulations; Basic connection with implementing a Corporation is reopening and extending Provisions to implement program diversion program. These changes the comment period for the proposed changes mandated by ARPA, and make would provide for more timely and rule that was published in the Federal other changes to existing policy efficient implementation of a diversion Register on Wednesday, September 18, provisions to better meet the needs of program if recommended in the future. 2002 (67 FR 58912–58933) that the insured. DATES: Comments must be received by amended the General Administrative Comments were required to be December 27, 2002. Pursuant to the Regulations, Subpart T; Group Risk Plan received on or before October 18, 2002. Paperwork Reduction Act, comments on of Insurance Regulations; and the Based on requests received during the information collection burden that Common Crop Insurance Regulations, comment period, we are reopening and would result from this proposal must be Basic Provisions. The proposed rule extending the comment period until received by December 27, 2002. implements certain provisions of the November 12, 2002. This action will ADDRESSES: Interested persons are Agricultural Risk Protection Act of 2000 allow interested persons additional time invited to submit written comments (ARPA) eliminating identified program to prepare and submit comments. concerning this proposal. Comments vulnerabilities that have lead to must be sent to the Docket Clerk, potential fraud, waste, and abuse, and Signed in Washington, DC, on October 23, Marketing Order Administration make such other changes to existing 2002. Branch, Fruit and Vegetable Programs, policy provisions to better meet the Ross J. Davidson, Jr., AMS, USDA, 1400 Independence needs of producers. This action will Manager, Federal Crop Insurance Avenue, SW STOP 0237, Washington, allow interested persons additional time Corporation. DC 20250–0237; Fax: (202) 720–8938, or to prepare and submit comments. [FR Doc. 02–27367 Filed 10–25–02; 8:45 am] E-mail: [email protected]. All DATES : Written comments and opinions BILLING CODE 3410–08–P comments should reference the docket on this proposed rule will be accepted number and the date and page number until close of business November 12, of this issue of the Federal Register and 2002, and will be considered when the will be made available for public rule is to be made final. inspection in the Office of the Docket ADDRESSES: Interested persons are Clerk during regular business hours, or invited to submit written comments to can be viewed at: http:// the Director, Product Development www.ams.usda.gov/fv/moab.html. Division, Risk Management Agency, FOR FURTHER INFORMATION CONTACT: United States Department of Richard P. Van Diest, Marketing Agriculture, 6501 Beacon Drive, Stop Specialist, California Marketing Field

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Office, Marketing Order Administration This proposal invites comments on contain several outdated provisions. Branch, Fruit and Vegetable Programs, revising the administrative rules and Section 993.162(a) of the regulations AMS, USDA, 2202 Monterey Street, regulations pertaining to a voluntary currently establishes specific dryaway suite 102B, Fresno, California 93721; prune plum diversion program under ratios by producing regions within the telephone: (559) 487–5901, Fax: (559) the California prune marketing order production area. Dryaway ratios 487–5906; or George Kelhart, Technical (order). The order regulates the handling represent the ratio of the weight of fresh Advisor, Marketing Order of dried prunes produced in California prune plums needed to produce dried Administration Branch, Fruit and and is administered by the Prune prunes, and are the basis for computing Vegetable Programs, AMS, USDA, 1400 Marketing Committee (Committee). The the dried weight equivalent of diverted Independence Avenue, SW STOP 0237, proposed changes would revise the fresh prune plums. The ratios range Washington, DC 20250–0237; telephone: regulations to reflect changes in from 2.6 to 3.25 pounds of fresh plums (202) 720–2491, Fax: (202) 720–8938. industry structure and current economic to make a pound of French prunes, Small businesses may request conditions, and would modify depending on the producing region. For information on complying with this administrative procedures used in non-French prunes, the dryaway ratio is regulation by contacting Jay Guerber, connection with implementing a established at 3.5 pounds of plums for Marketing Order Administration diversion program. These changes also one pound of non-French prunes for the Branch, Fruit and Vegetable Programs, would provide for more timely and entire production area. AMS, USDA, 1400 Independence efficient implementation if a diversion The dryaway ratios can change from Avenue, SW STOP 0237, Washington, program is needed in the future. The year to year depending upon weather DC 20250–0237; telephone: (202) 720– proposed changes were unanimously conditions, fruit maturity at time of 2491, Fax: (202) 720–8938, or E-mail: recommended by the Committee at a harvest, fruit solids and other factors. [email protected]. meeting on November 29, 2001. The dryaway ratios used in the early 1970’s are no longer valid. Expanding SUPPLEMENTARY INFORMATION: This Volume Regulation Authority production together with limited proposal is issued under Marketing Section 993.54 of the order provides dehydration capacity has forced some Agreement and Order No. 993, both as authority for volume control in the form growers to begin harvesting earlier and amended (7 CFR part 993), regulating of reserve pooling. Volume control continue later than in the past. This has the handling of dried prunes produced regulation is designed to promote resulted in dryaway ratios higher than in California, hereinafter referred to as orderly marketing conditions, stabilize those currently specified. Because of the ‘‘order.’’ The order is effective under prices and supplies, and improve this, and to provide more flexibility, the the Agricultural Marketing Agreement producer returns. When volume Committee recommended removing the Act of 1937, as amended (7 U.S.C. 601– regulation is in effect, a certain specific dryaway ratios for non-French 674), hereinafter referred to as the percentage of the California prune crop prunes from § 993.162(a) of the ‘‘Act.’’ may be sold by handlers to any market regulations and proposed adding The Department of Agriculture (salable or free tonnage) while the language that would allow the (Department) is issuing this rule in remaining percentage must be held by Committee to compute dryaway ratios conformance with Executive Order handlers in a reserve pool (or reserve) for the applicable producing regions 12866. for the account of the Committee. based on a survey of at least eight commercial prune dehydrators This rule has been reviewed under Reserve prunes are disposed of through geographically dispersed within the Executive Order 12988, Civil Justice various programs authorized under the production area. Reform. This rule is not intended to order. Net proceeds generated from sales of reserve prunes are distributed to the When the Committee believes a have retroactive effect. This rule will diversion program is needed, the not preempt any State or local laws, reserve pool’s equity holders, primarily producers. Committee would obtain annual average regulations, or policies, unless they dryaway ratios from commercial present an irreconcilable conflict with Diversion Program Authority dehydrators surveyed and compute a this rule. The order also provides authority five-year average dryaway ratio for each The Act provides that administrative under § 993.62 for prune producers to dehydrator. The Committee would then proceedings must be exhausted before participate in a voluntary prune plum add together the participating parties may file suit in court. Under diversion program when a reserve pool commercial dehydrators’ five-year section 608c(15)(A) of the Act, any is implemented. Under this program, average dryaway ratios for each handler subject to an order may file prune producers can elect to divert part producing region within the production with USDA a petition stating that the of their prune plum crop from normal area, and divide the total dryaway ratio order, any provision of the order, or any prune or prune product markets in lieu by the number of participating obligation imposed in connection with of placing prunes in a reserve pool. commercial dehydrators to obtain each the order is not in accordance with law Section 993.62 also authorizes year’s average dryaway ratio by and request a modification of the order establishment of rules and regulations to producing region. In the event any of or to be exempted therefrom. A handler implement and administer a diversion the annual dryaway ratios for any of the is afforded the opportunity for a hearing program. crop years are abnormally high or low on the petition. After the hearing, USDA Section 993.162 contains the rules in any year, the Committee could would rule on the petition. The Act and regulations necessary for governing replace the abnormal year’s data with provides that the district court of the the implementation of a diversion that of an earlier year. After the United States in any district in which program. computations are made, the resulting the handler is an inhabitant, or has his ratios would be announced and or her principal place of business, has Prune Marketing Committee commercial dehydrators would be jurisdiction to review USDA’s ruling on Recommendations notified by letter prior to the beginning the petition, provided an action is filed Because a diversion program has not of any crop year in which reserve not later than 20 days after the date of been implemented since the 1970’s, the pooling and a diversion program was the entry of the ruling. administrative rules and regulations being contemplated. This would result

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in more accurate dryaway ratios in within the production area because to provide that whenever a diversion determining the dried weight equivalent specific information on growing regions program is implemented, the Committee of fresh prune plums being diverted. within the State is not maintained. shall, with the approval of the Secretary, No change to the dryaway ratio for Section 993.162(b) of the regulations compute and announce the deposit fees non-French prunes was recommended. currently establishes the following associated with filing applications for Production of these prunes is small eligible diversion methods: (1) the diversion program. The deposit fees (0.06 percent of total prune production), Disposing of harvested prune plums would be announced to the industry, little data is available, and it is believed under Committee supervision for instead of specifying the deposit fees in that the currently listed ratio of 3.5 to nonhuman use at a location and in a the rules and regulations. It is intended 1 is accurate. manner satisfactory to the Committee; that the computed fees would reflect As previously mentioned, dryaway and (2) Leaving unharvested the entire Committee administrative costs ratios for French prunes are calculated production of prune plums from a solid associated with administering a and applied to various producing block of bearing trees designated by the diversion program whenever such a regions within the production area. producer applying for the diversion. program is recommended. Section 993.162(a) of the regulations This proposal would specifically These changes would allow flexibility currently contains reference to 13 reference the removal of prune plum in the regulations by allowing the counties that no longer produce prunes. trees prior to harvest as an eligible Committee to compute and announce Prune production has shifted within the diversion method. In the past, it has the fees. Section 993.162(c) is proposed production area over the years. Thus, been determined that removing trees to be modified to reflect these changes. the Committee recommended updating would qualify as unharvested The Committee also recommended the prune producing regions and production under the existing changes to § 993.162(d) of the condensing them into fewer regions. It regulations. However, the Committee regulations. This section includes is proposed that the regions used in recommended adding clarifying criteria for approving diversion determining dried weight equivalents language to the regulations to ensure applications and establishes fees in for a diversion program in § 993.162(a) that the removal of trees would qualify connection with modifying be realigned as follows: as an eligible diversion method. applications. The proposed changes A final change to § 993.162(b) would would remove reference to specific fees French Prunes require the Committee to conduct a and allow the Committee to apply fees • North Sacramento Valley—The meeting prior to the beginning of any consistent with the proposed process counties of Butte, Glenn, Shasta, and crop year in which a diversion program regarding deposit fees. The changes also Tehama. was being contemplated to determine would increase the service charge for • South Sacramento, Napa, Sonoma, which diversion method or methods modifying applications from $1 to $2 and Santa Clara Valleys and the may be used, and announce the eligible per ton to reflect current administrative counties of Amador, Colusa, Lake, diversion method(s) to the industry. costs. Section 993.162(d) is proposed to Placer, Solano, Sutter, Yolo, Yuba, Section 993.162(b) is proposed to be be modified accordingly. The rules and Napa, Sonoma, San Benito, and Santa modified to reflect these changes. regulations pertaining to implementing Clara. To participate in the diversion a prune diversion program were • San Joaquin Valley—The counties program, producers must file an developed in the 1970’s, and several of Fresno, Kern, Kings, Madera, Merced, application with the Committee. Section provisions are outdated. These proposed San Joaquin, Stanislaus, and Tulare. 993.162(c) of the regulations currently changes are designed to bring the rules This proposal also would allow the requires that when a producer applies and regulations in line with the present Committee to assign any new counties for the diversion program, a deposit fee California prune industry practice. The of production to one of these three shall accompany the application. The changes also provide for flexibility in regions or remove counties when deposit fees established in the current years when reserve pooling and a production ceased. When prune acreage regulations are as follows: For each diversion program are implemented. ceases to exist in a county, the producer application, the fee shall be Committee would remove that county the greater of either $100 or the amount Initial Regulatory Flexibility Analysis from the existing production region, obtained by multiplying the quantity, in Pursuant to requirements set forth in with the approval of the Secretary, and tons, of prune plums proposed to be the Regulatory Flexibility Act (RFA), the announce the removal to the industry. diverted by $3.50. For commercial Agricultural Marketing Service (AMS) In like manner, if there were new dehydrators acting as an agent for a has considered the economic impact of producing counties within the State, the group of four or more producers, the fee this rule on small entities. Accordingly, Committee would, with the approval of shall be the greater of either $200 or the AMS has prepared this initial regulatory the Secretary, be allowed to assign them amount obtained by multiplying the flexibility analysis. to one of the existing regions based on aggregate quantity in tons of prune The purpose of the RFA is to fit geographic proximity and/or plums proposed to be diverted by the regulatory actions to the scale of production/dehydration characteristics, group by $3.50. The deposit fees business subject to such actions in order instead of listing the counties in the charged to diverting growers were that small businesses will not be unduly rules and regulations. These intended to finance the Committee’s or disproportionately burdened. assignments also would be announced administrative costs for the entire Marketing orders issued pursuant to the to the industry. This process would diversion program with any excess Act, and rules issued thereunder, are allow the Committee to make timely monies to be refunded on a prorate basis unique in that they are brought about changes to the producing regions so to participants. Because of changed through group action of essentially they reflect the current industry economics since these fees were small entities acting on their own situation. Section 993.162(a) is established in the 1970’s, the deposit behalf. Thus, both statutes have small proposed to be modified to reflect these fees established in the regulations entity orientation and compatibility. changes. would not currently cover these costs. There are approximately 1,205 The region for non-French prunes The Committee, therefore, producers of dried prunes in the would continue to include all counties recommended revising the regulations production area and approximately 24

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handlers subject to regulation under the of Management and Budget (OMB) for regardless of size. It is anticipated that marketing order. Small agricultural approval, and is addressed in a later the recommended actions would benefit producers are defined by the Small section of this proposed rule. the prune industry by updating the Business Administration (13 CFR Another change would update the regulations to reflect changes in the 121.201) as those having annual receipts prune producing regions to which the industry, and by providing a process of less than $750,000, and small dryaway ratios for French prunes are that would facilitate more timely agricultural service firms are defined as applied, and allow the Committee to implementation of a diversion program, those whose annual receipts are less update the areas based on current if recommended. than $5,000,000. production information. Dryaway ratios The Committee discussed alternatives An updated industry profile shows vary from area to area, and prune to this change on November 29, 2001, that 9 out of 24 handlers (37.5 percent) production shifts over time. Another including taking no action. However, shipped over $5,000,000 worth of dried change would specify in the regulatory that would leave any future diversion prunes and could be considered large text that tree removal is an acceptable program a less viable supply handlers by the Small Business diversion method, and that the management tool due to outdated Administration. Fifteen of the 24 Committee may determine, with the program elements. Another alternative handlers (62.5 percent) shipped under approval of the Secretary, and announce was to update the data on dryaway $5,000,000 worth of prunes and could which method(s) of diversion may be ratios, prune producing regions, and be considered small handlers. An used whenever a program is diversion application charges through estimated 32 producers, or less than 3 implemented. Another change would informal rulemaking the next time a percent of the 1,205 total producers, remove from the regulations outdated diversion program was considered, would be considered large growers with deposit fees for diversion program rather than changing to a formula or annual receipts over $500,000. The participants and authorize the survey procedure as proposed herein. majority of handlers and producers of Committee to compute such fees based This alternative was not recommended California dried prunes may be on current program administration because the Committee believed that classified as small entities. USDA does costs. this proposal would provide for more not have precise numbers on the total The proposed changes to the prune flexibility in administering a future number of commercial dehydrators in producing regions, addition of diversion program. the industry or their size. However, it acceptable diversion methods, and the This action would allow the may be assumed that many may be Committee’s authority to determine Committee to survey commercial prune considered small under SBA criteria. which methods of diversion are to be dehydrators to estimate costs applicable Under § 993.62 of the order, when used are not expected to have a to drying prune plums. The reporting volume control in the form of a reserve significant impact on growers or and recordkeeping burdens are pool is implemented, prune producers handlers, either small or large. These necessary for compliance purposes and can elect to divert part of their prune changes would update the regulations to for developing statistical data to plum crop from normal markets in lieu reflect changes in the industry and to administer a future program. This rule of placing prunes in a reserve pool. facilitate administration and would impose some additional Section 993.163 contains the implementation of a voluntary diversion reporting or recordkeeping requirements administrative rules and regulations program, if recommended in the future. on both small and large California prune necessary to administer a diversion The proposed changes regarding plum commercial dehydrators. The program. This proposed rule would deposit fees would allow the Committee information collection requirements are revise those regulations. to collect charges from diversion discussed in the following section. As One of the proposed changes would program participants that reflect actual with all Federal marketing order remove references in the regulations to administrative costs incurred by the programs, reports and forms are establish dryaway ratios for prune Committee. The fees specified in the periodically reviewed to reduce plums of the French variety. Dryaway regulations are outdated and would not information requirements and ratios are used to determine the dried cover the Committee’s actual costs if a duplication by industry and public weight equivalent of fresh prune plums diversion program was needed to be sector agencies. diverted from normal markets. Because implemented in the future. These USDA has not identified any relevant these dryaway ratios are outdated, the changes would help to ensure that the Federal rules that duplicate, overlap or Committee recommended replacing growers participating in a future conflict with this proposed rule. them by a process that would allow the diversion program would pay the In addition, the Committee’s Supply Committee to compute and announce administrative costs of the program, as Management Subcommittee meeting on current dryaway ratios based on a specified in § 993.62(g) of the order. November 28, 2001, and the Committee survey of commercial dehydrators. Because growers participating in a meeting on November 29, 2001, where Surveying commercial prune diversion program are the beneficiaries this action was deliberated, were both dehydrators would impose a minor of the program, it is appropriate that public meetings widely publicized information collection burden on such they pay the administrative fees of the throughout the prune industry. All entities. It is estimated that between 8 program. In addition, because the interested persons, both large and small, and 15 commercial dehydrators would diversion program is voluntary, growers were invited to attend the subcommittee be requested to furnish information on would determine individually whether and Committee meetings and participate their annual average dryaway ratios to the costs would outweigh the benefits in the industry’s deliberations. Finally, the Committee, and that it would take prior to their participation. It is not interested persons are invited to submit approximately 15 minutes to furnish the known how many growers would information on the regulatory and information. The total estimated annual participate in a diversion program, since informational impacts of this action on burden of collecting this information is there has not been one implemented small businesses. estimated to be 225 minutes (3 hours under the marketing order since the A small business guide on complying and 45 minutes) for the industry. The 1970’s. with fruit, vegetable, and specialty crop additional information collection This proposed rule would be applied marketing agreements and orders may burden is being submitted to the Office to small and large entities equally, be viewed at: http://www.ams.usda.gov/

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fv/moab.html. Any questions about the is estimated to average 15 minutes per PART 993—DRIED PRUNES compliance guide should be sent to Jay response. PRODUCED IN CALIFORNIA Guerber at the previously mentioned Respondents: Commercial prune address in the FOR FURTHER INFORMATION dehydrators. 1. The authority citation for 7 CFR CONTACT section. Estimated Number of Respondents: part 993 continues to read as follows: 15. Authority: 7 U.S.C. 601–674. Paperwork Reduction Act Estimated Number of Responses per 2. In § 993.162, paragraphs (a), (b), (c), In accordance with the Paperwork Respondent: 1. and (d) are revised to read as follows: Reduction Act of 1995 (44 U.S.C. Estimated Total Annual Burden on chapter 35), this notice announces that Respondents: 3.75 hours. § 993.162 Voluntary prune plum diversion. AMS is seeking approval for a new Comments: Comments are invited on: (a) Quantity to be diverted. The information collection request for Dried (1) Whether the collection of Committee shall indicate the quantity of Prunes Produced in California, information is necessary for the proper prune plums that producers may divert Marketing Order No. 993 (order). performance of the functions of the pursuant to § 993.62 whenever it Title: Dried Prunes Produced in agency, including whether the recommends to the Secretary that California, Marketing Order No. 993. information will have practical utility; diversion operations for a crop year be OMB Number: 0581–NEW. (2) the accuracy of the agency’s estimate permitted. Whenever diversion Type of Request: New collection. of the burden of the collection of operation for a crop year have been Abstract: The information collection information, including the validity of authorized by the Secretary, the requirements in this request are the methodology and assumptions used; Committee shall notify producers, essential to carryout the intent of the (3) ways to enhance the quality, utility, commercial dehydrators, and handlers, Act, to provide the respondents the type and clarity of the information to be known to it of such authorization and of service they request, and to collected; and (4) ways to minimize the diversion program procedures. The administer the dried prune marketing burden of the collection of information Committee shall compute the dried order program, which has been on those who are to respond, including weight equivalent of prune plums so operating since 1949. the use of appropriate automated, diverted on a dryaway basis as follows: On November 29, 2001, the Prune electronic, mechanical, or other (1) For prune plums of the French Marketing Committee unanimously technological collection techniques or variety, the Committee shall survey at recommended revising the order’s other forms of information technology. least eight commercial prune administrative rules and regulations Comments should reference OMB No. dehydrators that are geographically pertaining to a voluntary prune plum 0581-NEW and the Dried Prune dispersed within the production area to diversion program. One of the proposed marketing order, and be sent to USDA obtain their annual dryaway ratios for revisions would require the Committee in care of the Docket Clerk at the each of the preceding five crop years, to survey commercial prune dehydrators previously mentioned address. All and compute a five-year average to determine dried weight equivalents comments received will be available for dryaway ratio for each dehydrator. The for fresh prune plums to be diverted. public inspection during regular Committee shall then add together the The Committee would obtain business hours at the same address. participating commercial dehydrators’ commercial dehydrators’ annual All responses to this notice will be five-year average dryaway ratios for dryaway ratios for the preceding five summarized and included in the request each producing region within the years, and would compute a five-year for OMB approval. All comments will production area, and divide the total by average dryaway ratio for each become a matter of public record. the number of participating commercial dehydrator. The Committee would then As mentioned before, AMS is seeking dehydrators in that region to compute average those ratios and compute a five- approval from OMB for the additional the dryaway ratio by producing region. year average dryaway ratio for each burden imposed by the Prune In the event any of the annual dryaway producing region, and apply that ratio to Dehydrator Survey. Upon OMB ratios for any of the crop years is diverted prune plums in those regions. approval, the additional burden will be abnormally high or low in any year, the The survey is needed so the merged into the information collection Committee may replace the abnormal Committee can compute and announce currently approved under OMB No. year’s data with that of an earlier year. dried weight equivalents for fresh prune 0581–0178, Vegetable and Specialty The prune producing regions for which plums for use by those choosing to Crop Marketing Orders. dryaway ratios shall be computed for participate in a voluntary diversion In addition to the information prune plums of the French variety are program. collection burden, this rule also invites as follows: The information collection would be comments on revising the regulations (i) North Sacramento Valley, which used only by authorized representatives concerning a voluntary prune plum includes the counties of Butte, Glenn, of USDA, including AMS, Fruit and diversion program under the order. A Shasta, and Tehama; Vegetable Programs’ regional and 60-day comment period is invited to (ii) South Sacramento, Napa, Sonoma, headquarters staff, and authorized allow interested persons to respond to and Santa Clara Valleys, which includes Committee employees. Authorized this proposal. All written comments the counties of Amador, Colusa, Lake, Committee employees will be the timely received will be considered prior Placer, Solano, Sutter, Yolo, Yuba, primary users of the information and to finalization of this rule. Napa, Sonoma, San Benito, and Santa AMS is the secondary user. List of Subjects in 7 CFR Part 993 Clara; and The request for approval of the new (iii) San Joaquin Valley, which information collection under the order Marketing agreements, Plums, Prunes, includes the counties of Fresno, Kern, is as follows: Reporting and recordkeeping Kings, Madera, Merced, San Joaquin, requirements. Stanislaus, and Tulare. Prune Dehydrator Survey For the reasons set forth in the (A) New producing counties within Estimate of Burden: Public reporting preamble, 7 CFR part 993 is proposed to the area. If there were new producing burden for this collection of information be amended as follows: counties within the State of California,

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the Committee would, with the approval arranging for the sale of natural diversion: Provided, That the Committee of the Secretary, assign the new prune condition dried prunes of its members. may extend such deadline if the total producing county or counties, as the (c) Applications for diversion—(1) By tonnage represented in all applications case may be, to one of the prune producers. Each producer desiring to is substantially less than the total producing regions based on geographic divert prune plums of his own tonnage established by the Committee proximity and/or production/ production shall, prior to diversion, file pursuant to paragraph (a) of this section. dehydration characteristics. The with the Committee a certified (d) Approval of applications. No addition of a county or counties, as the application on Form PMC 10.1 certificate of diversion shall be issued case may be, to one of the producing ‘‘Application for Prune Plum Diversion’’ by the Committee unless it has regions would be announced to the containing at least the following approved the application covering such industry. information: diversion. (B) Removal of a county from a (i) The name and address of the (1) The Committee’s approval of an production area. When prune acreage producer; whether the producer is an application shall be in writing, and ceases to exist in a county, the owner-operator, share-landlord, share- include at least the following: Committee would, with the approval of tenant, or cash tenant; and the name and (i) The details as to the method of the Secretary, remove that county from address of any other person or persons diversion to be followed; the existing region. Removal of a county sharing a proprietary interest in such (ii) The method of appraisal to be from a production region also would be prune plums; used by the Committee to determine the announced to the industry. (ii) The proposed method of diversion quantity of prune plums diverted; and the location where the diversion is (2) For prune plums of the non- (iii) The lesser of either the quantity to take place; French variety, the dryaway ratio shall specified in the application to be (iii) The quantity and variety of prune be 1 pound for each 3.50 pounds or diverted, or modification of that plums proposed to be diverted; and prune plums diverted. The prune- quantity as a result of any Committee (iv) The approximate period of action to prorate the total quantity to be producing region for prune plums of diversion. non-French varieties is the State of diverted by all producers; and (v) A deposit fee shall accompany (iv) Such other information as may be California. each producer’s application to cover necessary to assist the applicant in (b) Eligible diversions. Eligible costs associated with processing the meeting the requirements of this diversions shall preclude prune plums application and administering the section, including the conditions for from becoming prunes and may include diversion program. The Committee shall proof of diversion. the following methods: compute, with the approval of the (2) If the Committee determines that (1) Disposing of harvested prune Secretary, and announce to the industry, it cannot approve an application it shall plums under Committee supervision for the deposit fee. The deposit fee notify the applicant promptly. The nonhuman use at a location and in a announced shall be a set dollar amount Committee shall state the reason(s) for manner satisfactory to the Committee; or a per ton cost based on the proposed failing to approve the application, and (2) Leaving unharvested the entire tonnage to be diverted. The fee paid by request the applicant to submit, if production of prune plums from a solid the applicant shall be the greater of practicable, an amended application block of bearing trees designated by the these amounts. correcting the deficiencies in the producer applying for the diversion or (2) By dehydrator as agent. Any original application. removing prune plum trees prior to producer, or group of producers, may (3) The Committee shall establish, and harvest; and/or authorize a dehydrator to act as an agent give prompt notice to the industry of a (3) Such other diversions as may be to divert harvested prune plums. Prior final date by which a producer or authorized by the Committee and to diversion such dehydrator shall dehydrator may modify an approved approved by the Secretary. submit to the Committee an application application, including changing the (4) In accordance with § 993.62(c), on Form PMC 10.1 ‘‘Application for proposed method of diversion or the eligible diversion shall not apply to Prune Plum Diversion’’ for each quantity of prune plums proposed to be prune plums, which would not, under producer or group of producers under diverted: Provided, That any such normal producer practices, be dried and contract with the dehydrator. A deposit change shall include information on the delivered to a handler. On or before July fee shall accompany each such location or quantity of such diversion 20 of each crop year when the application to cover the costs associated and shall be accompanied by a payment Committee recommends a reserve pool with processing the application and of a second deposit fee, calculated and diversion program (except the administration of the program. With pursuant to paragraph (c)(1) or (c)(2), as Committee with the approval of the respect to any group of four or more applicable, of this section, plus a $2 per Secretary may extend this date by not producers under contract with a ton service charge for any increase in more than 10 business days if warranted dehydrator, the deposit fee for the group tonnage to be diverted. by a late crop), the Committee shall shall be the greater of either double the (4) If an applicant cancels an identify, with the approval of the single deposit fee, pursuant to approved diversion application prior to Secretary, the acceptable method(s) of paragraph (c)(1) of this section, or the diversion, no part of the deposit fee voluntary prune plum diversion through amount obtained by multiplying the shall be refunded, except upon approval reasonable publicity to producers, total tonnage of prune plumes to be by the Committee following review of commercial dehydrators, handlers, and diverted by the group of producers all circumstances in the matter. the cooperative bargaining covered in the dehydrator’s application * * * * * association(s). For the purposes of this times the per ton deposit rate section, cooperative bargaining announced by the Committee pursuant Dated: October 22, 2002. association means a nonprofit to (c)(1) of this section. A.J. Yates, cooperative association of dried prune (3) Receipt of applications. The Administrator, Agricultural Marketing producers engaged within the Committee shall establish, and give Service. production area in bargaining with prompt notice to the industry, a final [FR Doc. 02–27305 Filed 10–25–02; 8:45 am] handlers as to price and otherwise date for receipt of applications for BILLING CODE 3410–02–P

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DEPARTMENT OF AGRICULTURE Because the provisions of the rule are intergovernmental consultation with not effective until the 2003 crop, and State and local officials. See the notice Commodity Credit Corporation due to the complexity of the issues related to 7 CFR part 3015, subpart V, presented in the rule, it has been published at 48 FR 29115 (June 24, 7 CFR Part 1400 determined that it is in the public’s 1983). interest to solicit comments on this rule RIN 0560–AG86 Unfunded Mandates before it becomes effective. Income Limits Title II of the Unfunded Mandates Executive Order 12866 Reform Act of 1995 (UMRA) does not AGENCY: Commodity Credit Corporation, This proposed rule has been apply to this rule because CCC is not USDA. determined to be significant under required by 5 U.S.C. 553 or any other ACTION: Proposed rule. Executive Order 12866 and has been law to publish a notice of proposed reviewed by the Office of Management rulemaking for the subject matter of this SUMMARY: This proposed rule would and Budget (OMB). rule. Also, this rule contains no implement provisions of the Farm mandates as defined in sections 202 and Security and Rural Investment Act of Federal Assistance Programs 205 of UMRA. 2002 regarding limits on the income of This proposed rule has a potential persons eligible for program impact on all programs listed in the Paperwork Reduction Act participation. These regulations set forth Catalog of Federal Domestic Assistance Section 1601(c) of the 2002 Act the criteria to be applied in determining in the Agency Program Index under the provides that the promulgation of whether certain income limits have Department of Agriculture, Farm regulations and the administration of been exceeded by an individual or Service Agency and Natural Resources Title I of the 2002 Act shall be done entity and thus making such individual Conservation Service. Other assistance without regard to chapter 5 of title 44 or entity ineligible for certain programs are also impacted. of the United States Code (the Commodity Credit Corporation (CCC) Paperwork Reduction Act). Accordingly, commodity and conservation program Regulatory Flexibility Act these regulations and the forms and benefits. The proposed rule, generally, The Regulatory Flexibility Act is not other information collection activities provides that for individuals CCC will applicable to this rule because the needed to administer the program use the adjusted gross incomes reported Commodity Credit Corporation (CCC) is authorized by these regulations are not by the individual in the prior three not required by 5 U.S.C. 553 or any subject to review by the Office of years to the Internal Revenue Service other law to publish a notice of Management and Budget under the (IRS), United States Department of proposed rulemaking for the subject Paperwork Reduction Act. Treasury, and a comparable amount for matter of this rule. Government Paperwork Elimination all other entities such as corporations, Environmental Assessment Act limited partnerships, and charitable institutions. The environmental impacts of this FSA is committed to compliance with rule have been considered under the the Government Paperwork Elimination DATES: To be assured of consideration National Environmental Policy Act of Act (GPEA) and the Freedom to E-File comments must be received by 1969 (NEPA), 42 U.S.C. 4321 et seq., the Act, which require Government November 27, 2002. regulations of the Council on agencies in general and FSA in ADDRESSES: Comments and requests for Environmental Quality (40 CFR parts particular to provide the public the further information should be directed 1500–1508), and regulations of the Farm option of submitting information or to Dan McGlynn, Production, Service Agency (FSA) of the Department transacting business electronically to Emergencies and Compliance Division, of Agriculture (USDA) for compliance the maximum extent possible. The form United States Department of Agriculture with NEPA, 7 CFR part 799. An that applicants will use to certify their (USDA), Stop 0517, 1400 Independence Environmental Evaluation was income is being developed for on-line Ave. SW., Washington, DC 20250–0517. completed and the proposed action has use. However, because of the nature of Telephone: (202) 720–3463. Electronic been determined not to have the the other paperwork and documentation _ mail: Income [email protected]. potential to significantly impact the that may be needed to verify eligibility Persons with disabilities who require quality of the human environment and based on income, the use of electronic alternative means for communication no environmental assessment or means of submission for those (Braille, large print, audio tape, etc.) environmental impact statement is information collections is not feasible at should contact the USDA Target Center necessary. A copy of the environmental this time. at (202) 720–2600 (voice and TDD). evaluation is available for inspection Background and Discussion SUPPLEMENTARY INFORMATION: and review upon request. The 2002 Act authorized new Notice and Comment Executive Order 12778 programs and benefits, including direct Section 1601(c) of the Farm Security This rule has been reviewed under payments and counter-cyclical and Rural Investment Act of 2002 (the Executive Order 12778. This rule payments for producers of certain 2002 Act) provides that the regulations preempts State laws that are covered commodities and for payments needed to implement Title I of the 2002 inconsistent with it, however, this rule and other benefits under a number of Act, including those involved here, may is not retroactive. Before judicial action new and revised conservation programs. be promulgated without regard to the may be brought concerning this rule, all Section 1603 of that Act amended the notice and comment provisions of 5 administrative remedies must be Food Security Act of 1985 by adding a U.S.C. 553 or the Statement of Policy of exhausted. new section 1001D to provide that the Secretary of Agriculture effective individuals or entities shall not be July 24, 1971, (36 FR 13804) relating to Executive Order 12372 eligible to receive direct payments, notices of proposed rulemaking and This program is not subject to counter-cyclical payments, marketing public participation in rulemaking. Executive Order 12372, which requires loan gains nor a payment under any of

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the conservation program authorized Act. In order to provide consistency in be used unless a certified public under title XII of the Food Security Act the application of both sections 1001 accountant or attorney provides a of 1985 Act, nor a payment under the and 1001D, the proposed rule also certified statement delineating the conservation programs of title II of the provides that the definition of an distribution of income and expenses if 2002 Act, if the three year average of the ‘‘individual’’ will be the same for both the two taxpayers would have filed adjusted gross income of the individual, purposes. separate returns. Accordingly, it is or comparable measure for an entity, This proposed rule does not propose possible that one tax return will be used exceeds $2.5 million. An exemption, to extend the adjusted gross income by more than one individual for purpose though, is provided where not less than limits to States, counties, political of this rule. 75 percent of the adjusted gross income subdivisions, agencies thereof, or For corporations including a ‘‘sub- is derived from farming, ranching, or recognized Indian tribes because chapter S corporation’’, the adjusted forestry operations. In determining the Governmental organizations do not have gross income will be the final taxable scope of coverage to an individual or ‘‘income’’ similar to the other listed income plus charitable contributions. entity, section 1001D(a)(1) provides: individuals and entities. The proposed rule includes charitable The term ‘‘adjusted gross income,’’ for contributions in order to provide In this section, the term ‘‘average adjusted IRS purposes, applies only to taxpayers gross income’’, with respect to an individual equitable treatment vis-a-vis or entity (for purposes of this section as who are ‘‘individuals.’’ Thus, this individuals. For an individual, defined in section 1001(e)(2)(A)(ii)), means proposed rule proposes, for individuals, charitable deductions are deducted from the 3-year average of the adjusted gross that adjusted gross income be based on adjusted gross income, along with a income or comparable measure of the the IRS definition of that term and variety of other items, to determine the individual or entity over the preceding tax associated filings. Section 1001D(a)(1) individual’s taxable income. Generally, years, as determined by the Secretary. takes into account the limited use of this the other items deducted from an Section 1001 of the 1985 Act sets term by providing that the Secretary is individual’s adjusted gross income, forth the statutory payment limitations to fashion a ‘‘comparable measure’’ for such as personal exemptions and child applicable to certain commodity and other entities. In order to maintain a care credits, do not have a conservation program benefits. consistent application of this statutory corresponding relevancy on a corporate Generally, these provisions have been provision as compared to its application return. Inclusion of charitable the same since enactment in 1987, with to individuals, this proposed rule contributions by corporations would, in amendments made since then to include proposes that prior years’ tax filings will the view of CCC, be more comparable to new payments authorized by statutes be the starting point of reference. In the actions of an individual. enacted after 1987, and provide that the addition, due to the severe penalties For charitable organizations with total amount of specified payments that associated with the filing of a false tax income that is not subject to Federal a ‘‘person’’ may receive are limited to return, CCC has determined that such income taxation, the comparable specified amounts per year. Section information is likely to be the most measure of adjusted gross income is 1001(e)(2)(A) contains one of the credible evidence available to determine proposed to be ‘‘unrelated business fundamental components of the this ‘‘comparable measure’’ of adjusted taxable income’’ of the entity as statutory payment limitation scheme in gross income. While this proposed rule reported to the Internal Revenue Service that it defines the term ‘‘person’’ as defines the adjusted gross income for less any other income CCC determines follows: the different program participants, the to be from commercial activities. proposed rule does not specify the line Currently, that amount is specified on * * * the term ‘‘person’’ means— item on tax returns for participants from line 34 of Internal Revenue Service (i) An individual, including any individual participating in a farming operation as a which the critical information will be Form 990–T. Generally, this would partner in a general partnership, a participant gathered since such references may exclude from inclusion as adjusted gross in a joint venture, a grantor of a revocable likely change from year-to-year. CCC income receipts that are gifts, grants and trust, or a participant in a similar entity (as anticipates that the CCC forms that will contributions that are tax deductible by determined by the Secretary); be used to make these determinations the donor; and receipts from rent, (ii) A corporation, joint stock company, will specify the specific lines from royalties and asset sales. Effectively, the association, limited partnership, charitable various IRS forms that will be used. To adjusted gross income for these entities organization, or other similar entity (as the extent information from the entity is determined by the Secretary, including any would be the net income from only their such entity or organization participating in needed that can not be ascertained commercial activities. the farming operation as a partner in a solely from the IRS forms, CCC will For a general partnership, foreign general partnership, a participant in a joint specify in its forms what other partnership, limited liability company, venture, a grantor of a revocable trust, or as information is needed. Because of the limited partnership, limited liability a participant in a similar entity (as large number of business entities that partnership or similar organization, the determined by the Secretary); and may be affected by this rule and the adjusted gross income will be the sum (iii) A State, political subdivision, or desire to rely to the maximum extent of the income from trade or business agency thereof. possible only on the information already activities plus the guaranteed payments In determining who is a ‘‘person’’ for set forth on the IRS forms, CCC to the members as reported for the purposes of section 1001D, an ‘‘entity’’ specifically requests comments on applicable tax year. is specifically defined to be the same as which IRS forms and lines on the forms For an estate or trust, the adjusted an ‘‘entity’’ as provided in section that would be rational to use in the gross income will be the sum of the 1001(e)(2)(A)(ii) of the 1985 Act. application of this rule. adjusted total income plus the Notably, section 1001D does not contain For individuals, the adjusted gross charitable deductions as reported for the such a mandate to use the definitions in income would be the amount so applicable tax year. sections 1001(e)(2)(A)(i) and (iii). specified on the individual’s final Individuals and entities who have Accordingly, this proposed rule (including amendments) tax return for adjusted gross income in excess of $2.5 provides that the definition of an the applicable year. Where there is a million and whose average adjusted ‘‘entity’’ shall be the same for purposes joint return filed, the adjusted gross gross income from farming, ranching, of sections 1001 and 1001D of the 1985 income specified on the joint return will and forestry is less than 75 percent of

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such income are ineligible for the derived from farming, ranching and payments in the situations where an specified CCC program benefits. The forestry. individual or entity fails to comply. Any determination of this income from Section 1603 also requires a program payment or benefit issued to an farming, ranching and forestry will be commensurate reduction in the share of entity, general partnership, or joint that which is included in the an payments going to an entity which is venture shall be reduced by an amount individual’s adjusted gross income. proportional to the interest held in the commensurate with the direct or Generally, for farming and ranching entity by parties whose adjusted gross indirect interest held by that individual incomes, this amount will be from the income is over $2.5 million. Information or entity that is determined to have an IRS forms used to determine farm regarding ownership of interests in average adjusted gross income that income, currently IRS form 4865 and entities will be requested to a maximum exceeds the limitation. Schedule F, and would represent the net of five levels of organization. Based Note that those ineligible for income from the farming operation after upon past experience in administering marketing loan gains and loan deductions for the cost of production. the provisions of section 1001 relating deficiency payments because of the CCC specifically requests comments on to the maximum amount of specified adjusted gross income restriction may what should be classified as income payments a person may receive, CCC still be eligible to participate in the from farming, ranching and forestry has determined that business marketing assistance loan programs. activities. Income derived from forestry enterprises comprised of such layered Further, when commodity prices operations, to the extent it is not ownership generally are done so simply decrease they will still be able to use reported on these forms, would be the to maximize the receipt of government commodity certificates to repay those subject of a separate report by the payments. loans at rate lower that the original loan individual or entity. The proposed rule also provides that rates. Benefits they realize from the With respect to those persons who payments, incidental to the actual reduced payment rate, essentially the have exceeded the $2.5 million program payments, made to vendors same as marketing loan gains, are threshold, Congress intended that those that receive payment for services or subject neither to payment limits nor persons who are dependent upon technical assistance that otherwise the adjusted gross income restrictions. farming, ranching and forestry should would be provided to producers and The 2002 Act mandates that the be accorded deferential treatment; program participants by the government adjusted gross income requirement however, there is no legislative history will not be included as payments and apply to the 2003 through 2007 crop with respect to the manner in which benefits subject to this limitation. years. In May 2002, the Congressional income derived from specific types of Cost/Benefit Analysis Budget Office estimated that savings asset sales should be treated. Because of from the adjusted gross income the inherent inability of CCC to try to The adjusted gross income limitation not only applies payments under the requirement will total $22 million in distinguish the treatment of different fiscal years 2002 through 2006. types of sales of assets, CCC proposes commodity and price support programs, but to all payments and benefits under The Cost/Benefit Assessment of the that: adjusted gross income limitation is (1) Income from selling land used to the conservation and related programs. available from James Baxa, Production, produce forestry or agricultural Included, but not limited to, are direct Emergencies, and Compliance Division, commodities would not be considered and counter-cyclical payments, United States Department of Agriculture to be derived from framing, ranching or conservation reserve and environmental (USDA), 1400 Independence Ave, SW, forestry; quality incentive program payments, (2) Farm or forestry implement sales loan deficiency payments and marketing Washington, DC 20250. Phone: (202) by a retail dealership would not be loan gains. 720–4189. E-mail: James considered farm or forestry income but For the 2003 through 2007 crop, [email protected]. the sale of equipment otherwise subject program or fiscal years, an individual or List of Subjects in 7 CFR Part 1400 to depreciation expense on the IRS entity is not eligible for payments or Agriculture, Price support programs, Form 4865 or Schedule F would be benefits from the above-mentioned Reporting and recordkeeping considered to be included as such programs if their average adjusted gross requirements. income; income exceeds $2.5 million for the 3 (3) Investment income of an tax years immediately preceding the For the reasons stated in the individual would not be considered applicable crop, program or fiscal year. preamble, CCC proposes to amend 7 income from farming, ranching or This requirement applies unless 75 CFR part 1400 as follows: forestry even though the invested funds percent or more of that average adjusted were derived from such sources; gross income amount was derived from PART 1400—PAYMENT LIMITATION (4) Income from sales at a market farming, ranching or forestry operations. AND PAYMENT ELIGIBILITY would only be considered to be income The determinations necessary for 1. The authority citation for part 1400 from farming, ranching and forestry if compliance with the adjusted gross is continues to read as follows: the commodity being sold was produced income requirement will be based on by the person; Internal Revenue Service concepts and Authority: 7 U.S.C. 1308 et seq. (5) Income from sales as a commission information included on final tax 2. Section 1400.1 is amended by broker, auctioneer or warehouse filings. Comparable measures for adding a new paragraph (h) to read as operator or similar enterprise would not adjusted gross income have been follows: be income from farming, ranching or developed for entities, partnerships and forestry; and for organizations that do not have such § 1400.1 Applicability. (6) In integrated operations, a line item on tax filings, and that are * * * * * undifferentiated income, for example, non-profit, or are not required to file tax (h) As provided in subpart G of this income that could not be differentiated information. part, additional requirements are between income for the production of Under the adjusted gross income applicable to certain of the payments the tree and for the sale of a finished provisions, there is a required specified in paragraph (g) of this product, would not be considered to be commensurate reduction of program section.

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3. Subpart G is added to read as under Title II of the 2002 Act and Title (6) For an estate or trust, the adjusted follows: XII of the 1985 Act, but who are not in total income plus charitable deductions Subpart G—Average Adjusted Gross the class of persons who are as reported on the federal tax return for Income Limitation beneficiaries of the program, are not the applicable tax year. subject to this subpart for services that (c) For purposes of applying this Sec. are of the type that are also performed subpart and calculating the three-year 1400.600 Applicability. average referenced in § 1400.600, that 1400.601 Determination of average adjusted by the Federal Government. gross income. (f) Payments to a person as an escrow average shall be for the adjusted gross 1400.602 Compliance. agent or other similar capacity in which income for the three tax years 1400.603 Commensurate reduction. the recipient is maintaining temporary immediately preceding the applicable custody of the funds for eventual crop, program or fiscal year, as Subpart G—Average Adjusted Gross disbursement to eligible program determined by CCC, excluding any year Income Limitation participant are not subject to this part so in which the individual or entity did not have income or had adjusted gross § 1400.600 Applicability. long as the party ultimately receiving the payment is eligible under this part. income considered to be zero. (a) For the 2003 through 2007 crops, (g) Payments to States, counties, § 1400.602 Compliance. programs or fiscal years, an individual political subdivisions and agencies or entity is not eligible for any payment thereof, and Indian tribes are not subject (a) To comply with the adjusted gross or benefit identified in § 1400.1 as being to this subpart. income limitation, an individual or subject to this part if the individual’s or entity shall provide either as required entity’s average adjusted gross income § 1400.601 Determination of average by CCC: exceeds $2.5 million for the 3 tax years adjusted gross income. (1) A certification in the manner immediately preceding the applicable (a) For purposes of this subpart, prescribed by CCC from a certified crop, program or fiscal year. Payments income from farming, ranching and public accountant or attorney that the may also be reduced under the forestry means income derived from individual’s or entity’s average adjusted commensurate share rules set out in producing crops, livestock and gross income of the individual or entity § 1400.603. unfinished raw forestry products. does not exceed this limitation; or (b) Notwithstanding paragraph (a) of (b) For purposes of this subpart, (2) Submission to CCC of the relevant this section, the individual or entity adjusted gross income means: Internal Revenue Service documents may be considered to meet the (1) For an individual filing a separate and supporting financial data as requirements of this subpart if not less tax return, the amount reported as requested by CCC. Such information than 75 percent of the individual’s or adjusted gross income on the final may include State income tax returns, entity’s average adjusted gross income federal tax return for the individual for financial statements, balance sheets, for the 3 tax years immediately the applicable tax year; reports prepared for or provided to proceeding the applicable crop, program (2) For an individual filing a joint tax another Government agency, or fiscal year, is derived from farming, return, the amount reported as information prepared for a private ranching, and forestry operations. ‘‘adjusted gross income’’ on the final lender, and other credible source of (c) In addition to payments or benefits filed federal tax return for the applicable information relating to the amount and identified under § 1400.1, this subpart tax year unless a certified statement is source of the person’s income. applies to benefits provided to provided by a certified public (b) Audits of certifications of average participants under contracts or accountant or attorney specifying the adjusted gross income may be agreements entered into during the 2003 manner in which such income would conducted as necessary to determine through 2007 fiscal years for the have been determined if the individuals compliance with requirements of this following programs: had filed two separate returns and that part. As a part of this audit income tax (1) The program authorized by part this calculation is consistent with the forms may be requested and if requested 1466 of this chapter or its successor information actually supporting the must be supplied. If a person has regulations; filed joint return; submitted information to CCC, (2) The program authorized by part (3) For a corporation, including a including a certification from a certified 1467 of this chapter or its successor subchapter S corporation, the total final public accountant or attorney, that regulations; reported ‘‘taxable income’’ as reported relied upon information from a form (3) The program authorized by part to the Internal Revenue Service plus the previously filed with the Internal 636 of this chapter or its successor amount of the charitable contributions Revenue Service, such person shall regulations; as reported on the final federal income provide to CCC a copy of any amended (4) Any other program authorized by tax return for the applicable tax year; form filed with the Internal Revenue Title XII of the Food Security Act of (4) For a tax exempt entity, the Service within 30 days of the filing. 1985, as amended, or Title II of the Farm adjusted gross income is the ‘‘unrelated (c) The program participant shall Security and Rural Investment Act of business taxable income’’ of the entity provide all information and 2002. as reported to the Internal Revenue documentation the reviewing authority (d) Determinations made under this Service, less any other income CCC determines necessary to verify any subpart with regard to the programs determines to be from non-commercial information or certification provided described in paragraph (c) of this activities; under this part, including all documents section will be based on the year the (5) For a limited liability company, referred to in paragraph (a)(2) of this contract or agreement is approved and limited partnership, limited liability section. Failure to provide necessary that determination will apply for the partnership or similar type of and accurate information to verify entire term of the subject agreement or organization, the income from trade or compliance, or failure to comply with contract. business activities plus the amount of the this subpart’s requirements, will (e) Vendors that receive payment for guaranteed payments to the members as result in the determination of technical services or assistance reported on the federal tax return for the ineligibility for all program benefits for provided in conjunction with programs applicable year; and the year or years subject to the request.

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§ 1400.603 Commensurate reduction. considered timely if they are submitted Copies of the transcript of the public (a) Any program payment or benefit by 11:59 p.m. (Eastern time) January 8, workshop, public comments received, subject to this part provided to an 2003. Written comments, data and and this notice may be read (or copied) entity, general partnership or joint information, and a signed original with at the Freedom of Information Reading venture shall be reduced by an amount an electronic copy on diskette, must be Room, U.S. Department of Energy, commensurate with the direct and received at the Department of Energy by Forrestal Building, Room 1E–190, 1000 indirect ownership interest in the entity, January 8, 2003. Independence Avenue, SW., general partnership, or joint venture of Washington, DC 20585, (202) 586–3142, ADDRESSES: The workshop will be held each individual or entity determined to between the hours of 9 a.m. and 4 p.m., at the U.S. Department of Energy, have an average adjusted gross income Monday through Friday, except Federal Forrestal Building, Room 1E–245, 1000 in excess of this limitation under the holidays. Independence Avenue SW., standards elsewhere provided in this FOR FURTHER INFORMATION CONTACT: Mr. Washington, DC 20585. (Please note that subpart for the direct recipient of such Michael Raymond, U.S. Department of foreign nationals visiting DOE payments. Energy, Office of Energy Efficiency and Headquarters are subject to advance (b) Ownership interest in an entity Renewable Energy, EE–2J, 1000 security screening procedures. If you are shall be reviewed to the fifth level of Independence Avenue, SW., a foreign national and wish to ownership to determine whether a Washington, DC 20585–0121, (202) 586– participate in the workshop, please commensurate reduction is applicable 9611, e-mail: inform DOE of this fact as soon as and the extent of such reduction. If an [email protected], or Mr. possible by contacting Ms. Crystal ownership interest is not held by an Michael W. Bowers, Esq., U.S. Branson at (202) 586–6448 so that the individual in any of the first five levels Department of Energy, Office of General necessary procedures can be of ownership, no payment or benefit Counsel, GC–72, 1000 Independence completed.) shall be made with respect to such Avenue, SW., Washington, DC 20585, interest. On or about November 15, 2002, DOE (202) 586–8140, e-mail: will place a set of presentations Signed in Washington, DC, on October 21, [email protected]. describing the Department’s research on 2002. SUPPLEMENTARY INFORMATION: Part B of these issues and workshop agenda on James R. Little, Title III of the Energy Policy and the DOE Web site at: http:// Conservation Act of 1975 (EPCA or Act), Executive Vice President, Commodity Credit www.eren.doe.gov/buildings/ Corporation. Public Law 94–163, as amended by the codes_standards/. Please submit National Energy Conservation Policy [FR Doc. 02–27227 Filed 10–25–02; 8:45 am] comments, data and information Act (NECPA), Public Law 95–619; the BILLING CODE 3410–05–P electronically. These should be sent to National Appliance Energy the following Internet address: Conservation Act of 1987 (NAECA), [email protected]. Electronic comments Public Law 100–12; the National DEPARTMENT OF ENERGY must be submitted as a WordPerfect 5.1/ Appliance Energy Conservation 6.1/8 format file and avoid the use of Office of Energy Efficiency and Amendments of 1988 (NAECA 1988), special characters or any form of Renewable Energy Public Law 100–357; and the Energy encryption. Comments in electronic Policy Act of 1992 (EPACT), Public Law format should also be identified by the 10 CFR Part 430 102–486, created the Energy docket number EE–RM/STD–02–330 Conservation Program for Consumer [Docket Nos. EE–RM/TP–02–002; EE–RM/ (for SDHV comments), or EE–RM/TP– Products other than Automobiles. The STD–02–330] 02–002 (for test procedure comments), consumer products subject to this and wherever possible carry the program include residential central air Energy Conservation Program for electronic signature of the author. conditioners and central air Consumer Products: Test Procedure Absent an electronic signature, conditioning heat pumps. (42 U.S.C. for Residential Central Air comments submitted electronically 6295(d)). Conditioners and Heat Pumps; Energy must be followed and authenticated by Conservation Standards for Small Duct The Department has been pursuing a submitting the signed original paper rulemaking activity for the purpose of High Velocity Air Conditioners and document. No telefacsimiles (telefaxes) Heat Pumps determining whether amended energy will be accepted. conservation standards for the niche AGENCY: Office of Energy Efficiency and Written (paper) comments may be central air conditioning products with Renewable Energy, Department of submitted to: Ms. Crystal Branson, U.S. small ducts and high velocities are Energy. Department of Energy, Office of Energy justified. The Department also is ACTION: Notice of public workshop. Efficiency and Renewable Energy, developing additional revisions it Energy Conservation Program for intends to propose to the test SUMMARY: The Department of Energy Consumer Products: Energy procedures for residential central air (DOE or Department) is convening a Conservation Standards and Test conditioners and heat pumps. These public workshop to discuss and receive Procedures for Residential Central Air revisions concern: (1) Establishing new comments on several issues related to Conditioners and Heat Pumps, Docket default values for the cooling mode test procedures for residential central air Number: EE–RM/TP–02–002 (for test cyclic degradation coefficients; (2) conditioners and heat pumps and procedure comments); EE–RM/STD–02– increasing the minimum static pressure energy conservation standards for small- 330 (for SDHV comments), EE–2J, 1000 used in testing small duct high velocity duct high-velocity (SDHV) central air Independence Avenue, SW., systems; (3) testing of two-capacity heat conditioners and heat pumps. Washington, DC 20585–0121. pumps; and (4) acceptable verification DATES: The public workshop will be Telephone: (202) 586–6448. Please units for the alternative rating method. held on Friday, December 13, 2002, submit one signed copy and a computer The workshop announced in today’s from 9 a.m. to 4 p.m. Comments diskette or CD (in WordPerfectTM 8 notice is the next step in the rulemaking submitted by electronic mail will be format)—no telefacsimiles. process for determining whether to

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amend the energy conservation material at least one week before the 20581. Comments may be sent by standards for small-duct high-velocity date of the workshop. facsimile transmission to (202) 418– air conditioners and heat pumps. In a The meeting will be conducted in an 5528, or by e-mail to [email protected]. notice of final rulemaking published on informal, conference style. A court Reference should be made to ‘‘Proposed May 23, 2002 (67 FR 36368), DOE reporter will be present to record the Amendment to Rule 4.5 for Non-Hedge established amended energy minutes of the meeting. There shall be Activity.’’ conservation standards for all classes of no discussion of proprietary FOR FURTHER INFORMATION CONTACT: residential central air conditioners and information, costs or prices, market Barbara S. Gold, Associate Director, heat pumps except small-duct high- shares, or other commercial matters Division of Clearing and Intermediary velocity systems. In that final rule, DOE regulated by antitrust law. After the Oversight, or Ronald Hobson, Industry created a separate product class for meeting and a period for written Economist, Office of the Chief SDHV systems, but it deferred statements, the Department will begin Economist, Commodity Futures Trading establishing amended standards collecting data and conducting the Commission, 1155 21st Street, NW., pending completion of a new test analyses discussed at the workshop. Washington, DC 20581, telephone procedure and the analysis needed to If you would like to participate in the number: (202) 418–5441 or (202) 418– support new standards. The May 23, workshop, to receive workshop 5285, respectively; facsimile number: 2002, final rule defines ‘‘small duct materials, or to be added to the DOE (202) 418–5536, or (202) 418–5660, mailing list to receive future notices and high-velocity system’’ to mean a heating respectively; and electronic mail: information regarding distribution and cooling product that contains a [email protected] or [email protected], transformers, please contact Ms. Crystal blower and indoor coil combination respectively. Branson at (202) 586–6448. that: (1) Is designed for, and produces, SUPPLEMENTARY INFORMATION: at least 1.2 inches of external static Issued in Washington, DC, on October 22, I. Background pressure when operated at the certified 2002. air volume rate of 220–350 CFM per David K. Garman, The term ‘‘commodity pool operator’’ rated ton of cooling; and (2) when Assistant Secretary, Energy Efficiency and (CPO) is defined in section 1a(5) of the applied in the field, uses high velocity Renewable Energy. Commodity Exchange Act (Act),1 to room outlets generally greater than 1000 [FR Doc. 02–27332 Filed 10–25–02; 8:45 am] mean: fpm which have less than 6.0 square BILLING CODE 6450–01–P [A]ny person engaged in a business that is inches of free area. (See revision to of the nature of an investment trust, § 430.2 at 67 FR 36406). The workshop syndicate, or similar form of enterprise, and announced in today’s notice is also COMMODITY FUTURES TRADING who, in connection therewith, solicits, being held to consider the additional COMMISSION accepts, or receives from others, funds, securities, or property, either directly or revisions to DOE’s test procedure for 17 CFR Part 4 through capital contributions, the sale of central air conditioners and heat pumps stock or other forms of securities, or mentioned in the preceding paragraph RIN 3038–AB34 otherwise, for the purpose of trading in any of this notice. commodity for future delivery on or subject A detailed agenda for this workshop Exclusion for Certain Otherwise to the rules of any contract market or Regulated Persons From the Definition derivatives transaction execution facility, is currently under development and as except that the term does not include such noted above, will be posted on the of the Term ‘‘Commodity Pool Operator’’ persons not within the intent of the definition Department’s Web site on or about of the term as the Commission may specify November 15, 2002. The agenda items AGENCY: Commodity Futures Trading by rule, regulation, or order. [Emphasis will include issues related to the Commission. added.] 2 engineering and life-cycle cost ACTION: Proposed rule. In connection with the adoption of methodology used in the small-duct the Futures Trading Act of 1982,3 the high-velocity standards rulemaking, and SUMMARY: The Commodity Futures Senate Committee on Agriculture, the methodology and data used to Trading Commission (Commission or Nutrition, and Forestry (Committee) derive new default values for the CFTC) is proposing to amend Rule 4.5 considered an amendment to the Act cooling mode cyclic degradation by adding an alternative limitation on that would have exempted certain coefficients. For each agenda item, the the non-hedge activities of eligible persons from the CPO definition. In lieu Department will make a presentation persons claiming relief under the rule of adopting such an amendment to the summarizing the current status and will (Proposal). The Commission also is CPO definition, the Committee directed initiate a discussion regarding the taking a ‘‘no-action’’ position to permit the Commission to issue regulations that accuracy and completeness of data and the use of this alternative criterion would have the effect of providing relief analysis tools. During these discussions, pending final action on an amendment from regulation as a CPO for certain the Department is particularly interested to the rule. The Proposal and the ‘‘no- otherwise regulated persons with in receiving comments and views of action’’ position would not affect the respect to their operation of certain interested parties and possible ability of qualifying entities under Rule collective investment vehicles that met approaches to enhance the accuracy of 4.5 to engage in unlimited trading for certain criteria. These criteria specified, the analysis tools and data. The bona fide hedging purposes. among other things, that ‘‘the entity uses Department encourages those who wish DATES: Comments on the proposed rule commodity futures or options thereon to participate in the workshop to make change must be received by December presentations that address these issues. 12, 2002. 1 7 U.S.C. 1a(5) (2002). If you would like to make a presentation ADDRESSES: Comments on the proposed 2 Both the Act and the Commission’s rules issued during the workshop, please inform Ms. rule should be sent to Jean A. Webb, thereunder can be accessed through the Commission’s Web site: www.cftc.gov/cftc/ Branson at least two weeks before the Secretary, Commodity Futures Trading cftclawreg.htm#cea. Commission rules cited to date of the workshop and provide her Commission, Three Lafayette Centre, herein are found at 17 CFR chapter I (2002). with a copy of your written presentation 1155 21st Street, NW., Washington, DC 3 Pub. L. No. 97–444, 96 Stat. 2294 et seq. (1983).

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solely for hedging purposes’’ and that Based upon its staff’s experience in approximate the liquidation value of an ‘‘initial margin requirements or administering Rule 4.5, the Commission entity’s portfolio. Recently, however, premiums for * * * futures or options has made various revisions to the rule eligible persons and qualifying entities contracts will never be in excess of 5 subsequent to its initial adoption. These have expressed concern to Commission percent of the entity’s assets. * * *’’ 4 revisions have expanded the range of staff over the 5 percent test, because Pursuant to this directive, in 1985 the persons eligible to claim relief under the margin levels for certain stock index Commission adopted Rule 4.5.5 rule 9 and the trading strategies that may futures have come to significantly The purpose of Rule 4.5 is to make be engaged in under the rule—i.e., that exceed 5 percent of contract value, available to certain persons (eligible unlimited hedging but limited non- thereby limiting the use of such persons) an exclusion from the hedging activities may be engaged in contracts in non-hedging strategies to a definition of CPO with respect to their under the rule.10 Based upon staff’s much greater extent than other types of operation of certain entities (qualifying most recent experience with Rule 4.5, contracts with lower margins.11 They entities) that would otherwise be treated the Commission again is proposing also have expressed concern that a as commodity pools under the Act, but revisions to the rule and, in particular, similar constraint could arise with that are already subject to extensive to the operating criteria concerning the respect to security futures products operating requirements of another amount of a qualifying entity’s non- (SFPs), because the required margin for federal or state regulator. These eligible hedging commodity interest trading. SFPs will be 20 percent of contract persons and their qualifying entities value.12 include: (1) Investment companies II. The Proposal In response to these concerns, the registered as such under the Investment A. The Text of the Proposal Commission is proposing to amend Rule Company Act of 1940; (2) state- 4.5 by adding as an alternative to the 5 regulated insurance companies with Currently, Rule 4.5(c)(2)(i) provides percent test a limitation based on the respect to their operation of insurance that the Notice of Eligibility must notional value of non-hedge positions. company separate accounts; (3) state- or contain a representation that the eligible This amendment would reorganize federally-regulated financial depository person must operate the qualifying paragraph (c)(2)(i) of the rule, to: (1) institutions with respect to their entity such that the entity: Redesignate the 5 percent test as new operation of separate units of Will use commodity futures or commodity paragraph (c)(2)(i)(A); and (2) provide investment; and (4) trustees, named option contracts solely for bona fide hedging an alternative non-hedge operating fiduciaries, certain designated purposes within the meaning and intent of criterion in new paragraph (c)(2)(i)(B). fiduciaries, and employers of pension [Rule] 1.3(z)(1); Provided, however, That in As proposed, this alternative would plans subject to Title I of the Employee addition, with respect to positions in provide that, with respect to non-hedge Retirement Income Security Act of 1974 commodity futures or commodity option commodity interest positions, a contracts which do not come within the qualifying entity may represent that the with respect to the operation of such meaning and intent of [Rule] 1.3(z)(1), a 6 plans. In order to claim exclusion from qualifying entity may represent that the aggregate notional value of such the CPO definition under Rule 4.5, an aggregate initial margin and premiums positions does not exceed the eligible person must file a Notice of required to establish such positions will not liquidation value of the qualifying Eligibility with the National Futures exceed five percent of the liquidation value entity’s portfolio (notional test). This Association (NFA) and the of the qualifying entity’s portfolio, after alternative is based upon a proposal Commission.7 The Notice must contain taking into account unrealized profits and recently made to the Commission’s specified representations on how the unrealized losses on any such contracts it has Division of Clearing and Intermediary person will operate the qualifying entered into; And, Provided further, That in Oversight in connection with a request entity. These operating criteria include the case of an option that is in-the-money at for ‘‘no-action’’ relief from the 5 percent the time of purchase, the in-the-money 13 requirements to: restrict the amount of amount as defined in [Rule] 190.01(x) may be test of Rule 4.5(c)(2). For the purpose the entity’s commodity interest trading excluded in computing such 5 percent. of the notional test, ‘‘notional value’’ with respect to its non-hedging activity; would be calculated for futures by not market the entity as a pool or This limitation on non-hedge activity multiplying for each such position the otherwise as a vehicle to trade contained in Rule 4.5 has come to be size of the contract, in contract units, by commodity interests; disclose the known as ‘‘the 5 percent test.’’ the current market price per unit and for purpose of and restrictions on the Because futures margins have entity’s commodity interest trading; and generally been set at levels near or 11 See, e.g., comments received in connection submit to special calls to demonstrate below 5 percent of contract value, the 5 with the Commission’s Roundtable on CPO and compliance with the foregoing percent test has permitted the notional CTA Issues, held on September 19, 2002. These value of non-hedging commodity comments may be accessed at http://www.cftc.gov/ provisions. A supplemental Notice must opa/press02/opa4700–02.htm. be filed, as necessary, to render the futures and option positions to The Commission held the Roundtable as a result original Notice ‘‘accurate and of its ‘‘Report on the Study of the Commodity complete.’’ 8 regulated financial depository institutions—2,700; Exchange Act and the Commission’s Rules and and pension plan trustees, fiduciaries and Orders Governing the Conduct of Registrants Under employers—200. However, not all of the qualifying the Act.’’ The Report was mandated by section 125 4 S. Rep. No. 384, 97th Cong., 2d Sess. 79–80 entities named in these Notices may still be in of the Commodity Futures Modernization Act of (1982). operation as of this date. 2000 (CFMA), which directed the Commission to 5 50 FR 15868 (Apr. 23, 1985), which contains a Additionally, Rule 4.5 provides that certain conduct a study of those sections of the Act and the full discussion of the history of the directive and pension plans are not commodity pools. Because Commission’s rules applicable to intermediaries. the subsequent adoption of Rule 4.5. this exclusion is self-executing, no notice must be The Report can be accessed through: www.cftc.gov/ 6 Rules 4.5(a) and (b). filed to claim it. Accordingly, the amendment to files/opa/opaintermediarystudy.pdf, and section 7 Rule 4.5(c). Rule 4.5(c) that the Commission is today proposing 125 of the CFMA can be accessed through: 8 Rule 4.5(d). does not apply to these plans or their operation. See www.cftc.gov/files/ogc/ogchr5660.pdf. Over the past ten years, eligible persons have Rule 4.5(a)(4)(i)–(iv). 12 See CFTC Rule 41.45(b)(1) and Securities and filed approximately 15,500 initial and supplemental 9 See 58 FR 43791 (Aug. 18, 1993). The Exchange Commission Rule 403(b)(1), 67 FR 53146, Notices with the NFA and the Commission, as Commission also has expanded the class of persons 53174 and 53179, respectively (Aug. 14, 2002). follows: registered investment companies (filing on who are ‘‘non-pools’’ under Rule 4.5. See 65 FR 13 See Letter of Barclays Global Investors, N.A. a series-by-series basis)—12,000; state-regulated 24127 (Apr. 25, 2000). dated July 18, 2002, to Jane K. Thorpe, Director of insurance companies—600; state- or federally- 10 See 58 FR 6371 (Jan. 28, 1993). the Division.

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options by multiplying for each such number of contracts the person could that the eligible person could establish position the size of the contract, in establish would be: would be: contract units, by the strike price per 5% of liquidation value = $500,000 (.05 5% of liquidation value = $500,000 (.05 × unit. $10,000,000) × $10,000,000) The following two examples show the Initial non-hedge margin for a single Initial non-hedge margin for a single T- different effects of the existing and S&P contract = $17,813, or almost 9% Note contract = $1,755, or less than proposed non-hedging tests using of contract value futures contracts based on equity, in one S&P settlement level = 819.29 points 2% of contract value instance, and on debt, in the other S&P contract value = $204,822.50 T-Note settlement level = 114,160 points instance. In each example, the eligible (819.29 × $250 per point) T-Note contract value = $114,160 person desires to establish the 5% Test = 28 contracts ($500,000/ (114,160 × 100%) maximum number of contracts $17,813=28.07) 5% Test = 284 contracts ($500,000/ permissible for the qualifying entity. In Notional Test = 48 contracts $1,755=284.9) ($10,000,000/$204,822.50=48.8) both examples, it is assumed that the Notional Test = 87 contracts entity’s liquidation value is $10 million, Thus, for establishing positions in the ($10,000,000/$114,160=87.6) the settlement level of the contract is as S&P 500 Stock Price Index future of September 25, 2002, and the margin contract, the notional test would be less Thus, for establishing positions in the requirement is as of September 26, 2002. restrictive. 10-Year Treasury Note contract, the 5 With respect to the S&P 500 Stock With respect to the 10-Year Treasury percent test would be less restrictive. Price Index futures contract traded on Note contract traded on the Chicago The following table summarizes this the Chicago Mercantile Exchange, the Board of Trade, the number of contracts information:

Initial mar- Liquidation gin Settlement level No. Con- Contracts Contract value 5% (as of 9/26/ (as of 9/25/02) Multiplier Contract value tracts 5% notional test 02) test

S&P ...... $10m $500,000 $17,813 819.29 $250 $204,822.50 28 48 T-Note ...... 10m 500,000 1,755 114,160.00 100% 114,160.00 284 87

The Proposal (and the ‘‘no-action’’ C. ‘‘No-Action’’ Position amendment as the Commission may position taken below) would not affect The Proposal would facilitate the use adopt or with the existing 5 percent test the ability of eligible persons claiming of the commodity interest markets by of Rule 4.5. In the event the Commission relief under Rule 4.5 to use commodity persons and entities who, in accordance adopts an alternative non-hedge interests for bona fide hedging purposes with Rule 4.5, are ‘‘otherwise regulated’’ operating criterion that varies from the on an unlimited basis. Rather, it would and it would potentially benefit other criterion proposed herein, it will establish a second, alternative test under market participants through increased provide affected eligible persons and which they could use commodity liquidity. Accordingly, the Commission qualifying entities with sufficient time interests for other than bona fide has determined that, pending action on within which to comply with the hedging purposes. Also, the Proposal the Proposal, it will not commence any criterion as adopted. (and the ‘‘no-action’’ position) would enforcement action against an eligible III. Related Matters not affect any other provision of Rule person for failing to register as a CPO in 4.5, including the proviso following accordance with section 4m(1) of the A. Paperwork Reduction Act paragraph (c)(2) of the rule that: Act,14 where the eligible person The Paperwork Reduction Act of 1995 the making of such representations [as are operates a qualifying entity in (PRA),15 which imposes certain required in the Notice of Eligibility] shall not accordance with the proposed revisions requirements on Federal agencies be deemed a substitute for compliance with to Rule 4.5(c)(2). (including the Commission) in any criteria applicable to commodity futures Neither eligible persons who have connection with their conducting or or commodity options trading established by any regulator to which [an eligible] person or claimed relief under Rule 4.5 nor sponsoring any collection of qualifying entity is subject. eligible persons who claim such relief in information as defined by the PRA, does the future need to take any additional not apply to the Proposal. The B. Request for Comment action to operate their qualifying Commission believes the proposed The Commission requests comment entities in accordance with the notional amendment of Rule 4.5 does not contain on the Proposal and on the following test. Rather, making the representations information requirements which issues: currently required by the rule in a necessitate the approval of the Office of Notice filed with the NFA and the Management and Budget, because the (1) Do the proposed changes Commission—including the purpose of the amendment is to provide adequately address perceived problems representation concerning the 5 percent an alternative representation that may with the existing requirements under test—is all that is required. be made to claim the relief available Rule 4.5? This position will remain in effect under the rule. (2) Is there some other limitation for until such time as the Commission takes B. Regulatory Flexibility Act non-hedge positions that the final action on the Proposal. It is, Commission should adopt in lieu of, or however, subject to the condition that The Regulatory Flexibility Act in addition to, the existing and upon adoption of any amendment to (RFA) 16 requires that agencies, in proposed limitations? Rule 4.5, the eligible person must promulgating rules, consider the impact (3) Should the Commission impose comply in full with the terms of any any limitation for non-hedge activity by 15 44 U.S.C. 3501 et seq. persons claiming relief under Rule 4.5? 14 7 U.S.C. 6m(1). 16 5 U.S.C. 601 et seq.

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of these rules on small entities. The addition, with respect to positions in these zones will be prohibited unless definitions of small entities that the commodity futures or commodity specifically authorized by the Captain of Commission has established for this option contracts which do not come the Port Los Angeles-Long Beach. purpose do not address the eligible within the meaning and intent of DATES: Comments and related material persons and qualifying entities set forth § 1.3(z)(1), a qualifying entity may must reach the Coast Guard on or before in Rule 4.5 because, by the very nature represent that: November 22, 2002. of the rule, the operations and activities (A) The aggregate initial margin and ADDRESSES: You may mail comments of such persons and entities generally premiums required to establish such and related material to U.S. Coast Guard are regulated by federal and state positions will not exceed five percent of Marine Safety Office/Group Los authorities other than the Commission. the liquidation value of the qualifying Angeles-Long Beach, Waterways Assuming, arguendo, that such persons entity’s portfolio, after taking into Management Division, 1001 S. Seaside and entities would be small entities for account unrealized profits and Avenue, Building 20, San Pedro, purposes of the RFA, the Commission unrealized losses on any such contracts California 90731. The Waterways believes that the Proposal would not it has entered into; Provided further, Management Division maintains the have a significant economic impact on That in the case of an option that is in- public docket for this rulemaking. them because it would relieve a greater the-money at the time of purchase, the Comments and material received from number of those persons (and entities) in-the-money amount as defined in the public, as well as documents from the requirement to register as a § 190.01(x) of this chapter may be indicated in this preamble as being CPO and from the disclosure, reporting excluded in computing such five available in the docket, will become part and recordkeeping requirements percent; or of this docket and will be available for applicable to registered CPOs. (B) The aggregate notional value of inspection or copying at the Waterways Accordingly, the Chairman, on behalf such positions does not exceed the Management Division between 8 a.m. of the Commission, certifies pursuant to liquidation value of the qualifying 17 and 4 p.m., Monday through Friday, section 3(a) of the RFA, that the entity’s portfolio, after taking into except Federal holidays. Proposal will not have a significant account unrealized profits and FOR FURTHER INFORMATION CONTACT: economic impact on a substantial unrealized losses on any such contracts Lieutenant Junior Grade Rob Griffiths, number of small entities. Nonetheless, it has entered into. For the purpose of the Commission invites comment from Assistant Chief, Waterways this paragraph (c)(2)(i)(B), the term Management Division, (310) 732–2020. any person who believes that these ‘‘notional value’’ shall be calculated for SUPPLEMENTARY INFORMATION: rules, as proposed, would have a each such futures position by significant economic impact on its multiplying the size of the contract, in Request for Comments operation. contract units, by the current market We encourage you to participate in List of Subjects in 17 CFR Part 4 price per unit and for each such option this rulemaking by submitting position by multiplying the size of the Commodity pool operators, comments and related material. If you contract, in contract units, by the strike do so, please include your name and Commodity trading advisors, price per unit; Commodity futures, Commodity address, identify the docket number for * * * * * options. this rulemaking (COTP Los Angeles- Accordingly, 17 CFR chapter I is Issued in Washington, DC, on October 22, Long Beach 02–004), indicate the proposed to be amended as follows: 2002, by the Commission. specific section of this document to Jean A. Webb, which each comment applies, and give PART 4—COMMODITY POOL Secretary of the Commission. the reason for each comment. Please OPERATORS AND COMMODITY [FR Doc. 02–27309 Filed 10–25–02; 8:45 am] submit all comments and related TRADING ADVISORS BILLING CODE 6351–01–P material in an unbound format, no larger than 81⁄2 by 11 inches, suitable for 1. The authority citation for part 4 copying. If you would like to know that continues to read as follows: your submission reached us, please DEPARTMENT OF TRANSPORTATION Authority: 7 U.S.C. 1a, 2, 6b, 6c, 6(c), 6l, enclose a stamped, self-addressed 6m, 6n, 6o, 12a, and 23. Coast Guard postcard or envelope. We will consider all comments and material received Subpart A—General Provisions, 33 CFR Part 165 during the comment period. We may Definitions and Exemptions change this proposed rule in view of [COTP Los Angeles–Long Beach 02–004] them. 2. Section 4.5 is proposed to be In our final rule, we will include a RIN 2115–AA97 amended by revising paragraph (c)(2)(i) concise general statement of the to read as follows: Security Zones; San Pedro Bay, CA comments received and identify any § 4.5 Exclusion for certain otherwise changes from the proposed rule based regulated persons from the definition of the AGENCY: Coast Guard, DOT. on the comments. If as we anticipate, we term ‘‘commodity pool operator.’’ ACTION: Notice of proposed rulemaking. make the final rule effective less than 30 * * * * * days after publication in the Federal (c) * * * SUMMARY: The Coast Guard proposes to Register, we will explain our good cause (2) * * * establish moving and fixed security for doing so, as required by 5 U.S.C. (i) Will use commodity futures or zones around and under all cruise ships 553(d)(3). commodity options contracts solely for located on San Pedro Bay, California, in bona fide hedging purposes within the and near the ports of Los Angeles and Public Meeting meaning and intent of § 1.3(z)(1) of this Long Beach. These proposed security We do not now plan to hold a public chapter; Provided, however, That in zones are needed for national security meeting. But you may submit a request reasons to protect the public and ports for a meeting by writing to the 17 5 U.S.C. 605(b). from potential terrorist acts. Entry into Waterways Management Division at the

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address under ADDRESSES explaining Regulations (CFR). Under temporary security zones take effect are not why one would be beneficial. If we section 165.T11–058, which expired at required to get underway to avoid either determine that one would aid this 11:59 PDT on May 1, 2002, the Coast the moving or fixed zones unless rulemaking, we will hold one at a time Guard established a 100-yard security specifically ordered to do so by the and place announced by a separate zone around all cruise ships that Captain of the Port or his designated notice in the Federal Register. entered, were moored in, or departed representative. from the Port of Los Angeles and that Vessels or persons violating this Background and Purpose were anchored at Catalina Island. section will be subject to the penalties Since the September 11, 2001 terrorist On May 1, 2002, another temporary set forth in 33 U.S.C. 1232 and 50 U.S.C. attacks on the World Trade Center in rule was issued, under docket COTP Los 192. New York, the Pentagon in Arlington, Angeles-Long Beach 02–009, and was Pursuant to 33 U.S.C. 1232 and 33 Virginia and Flight 93, the Federal published in the Federal Register (67 CFR part 27, any violation of the Bureau of Investigation (FBI) has issued FR 31955, May 13, 2002) under security zone described herein, is several warnings concerning the temporary section 165.T11–065 of Title punishable by civil penalties (not to potential for additional terrorist attacks 33 of the CFR. Under temporary section exceed $27,500 per violation, where within the United States. In addition, 165.T11–065, which expires at 11:59 each day of a continuing violation is a the ongoing hostilities in Afghanistan p.m. PST on December 1, 2002, the separate violation), criminal penalties and growing tensions in Iraq have made Coast Guard established moving and (imprisonment up to 6 years and a it prudent for U.S. ports to be on a fixed security zones around cruise ships maximum fine of $250,000), and in rem higher state of alert because the al located on San Pedro Bay, California, liability against the offending vessel. Qaeda organization and other similar near and in the ports of Los Angeles and Any person who violates this section, organizations have declared an ongoing Long Beach. The Captain of the Port has using a dangerous weapon, or who intention to conduct armed attacks on determined the need for continued engages in conduct that causes bodily U.S. interests worldwide. security regulations exists. injury or fear of imminent bodily injury In its effort to thwart terrorist activity, Accordingly, this rulemaking to any officer authorized to enforce this the Coast Guard has increased safety proposes to make permanent the regulation, also faces imprisonment up and security measures on U.S. ports and temporary security zones established on to 12 years. waterways. As part of the Diplomatic May 1, 2002, in the rule published in Vessels or persons violating this Security and Antiterrorism Act of 1986 the Federal Register at 67 FR 31955 on section are also subject to the penalties (Pub. L. 99–399), Congress amended May 13, 2002. set forth in 50 U.S.C. 192: seizure and section 7 of the Ports and Waterways forfeiture of the vessel to the United Discussion of Proposed Rule Safety Act (PWSA), 33 U.S.C. 1226, to States; a maximum criminal fine of allow the Coast Guard to take actions, The Coast Guard proposes to establish $10,000; and imprisonment up to 10 including the establishment of security moving and fixed security zones around years. and safety zones, to prevent or respond all cruise ships that are anchored, The Captain of the Port will enforce to acts of terrorism against individuals, moored, or underway within the Los these zones and may request the use of vessels, or public or commercial Angeles and Long Beach, port areas. resources and personnel of other structures. The Coast Guard also has These proposed security zones will take government agencies to assist in the authority to establish security zones effect upon the entry of any cruise ship patrol and enforcement of the pursuant to the Magnuson Act (50 into the waters within three nautical regulation. The Captain of the Port U.S.C. 191 et seq.) and implementing miles outside of the Federal breakwaters retains discretion to initiate Coast Guard regulations promulgated by the encompassing San Pedro Bay and will civil penalty action against non- President in Subparts 6.01 and 6.04 of remain in effect until the cruise ship complaint parties pursuant to the part 6 of Title 33 of the Code of Federal departs the three nautical mile limit. PWSA, or, refer appropriate cases to the Regulations. This proposed rule, for security cognizant U.S. Attorney Office for In this particular rulemaking, to concerns, prohibits entry of any vessels disposition. This regulation is proposed address the aforementioned security inside the security zone surrounding a under the authority of 33 U.S.C. 1226 in concerns, and to take steps to prevent cruise ship. These security zones are addition to the authority contained in the catastrophic impact that a terrorist within a 100 yard radius around any 33 U.S.C. 1231. attack against a cruise ship would have cruise ship that is anchored at a on the public interest, the Coast Guard designated anchorage; within a 100 yard Regulatory Evaluation proposes to establish security zones radius around any cruise ship that is This proposed rule is not a around and under cruise ships entering, moored, or in the process of mooring at ‘‘significant regulatory action’’ under departing, or moored within the ports of any berth within the Los Angeles or section 3(f) of Executive Order 12866, Los Angeles and Long Beach. These Long Beach port areas; and within 200 Regulatory Planning and Review, and security zones will help the Coast Guard yards ahead, and 100 yards on each side does not require an assessment of to prevent vessels or persons from and astern of a cruise ship that is potential costs and benefits under engaging in terrorist actions against underway. section 6(a)(3) of that Order. The Office cruise ships. The Coast Guard believes These security zones are needed for of Management and Budget has not the establishment of security zones is national security reasons to protect reviewed it under that Order. It is not prudent for cruise ships because they cruise ships, the public, transiting ‘‘significant’’ under the regulatory carry multiple passengers. vessels, adjacent waterfront facilities, policies and procedures of the On November 1, 2001, we issued a and the ports from potential subversive Department of Transportation (DOT) (44 similar rule under docket COTP Los acts, accidents, or other events of a FR 11040, February 26, 1979). Angeles-Long Beach 01–011, and similar nature. Entry into these zones We expect the economic impact of published that rule in the Federal will be prohibited unless specifically this proposed rule to be so minimal that Register (67 FR 2571, Jan. 18, 2002) authorized by the Captain of the Port or a full Regulatory Evaluation under under temporary section 165.T11–058 of his designated representative. Vessels paragraph 10e of the regulatory policies Title 33 of the Code of Federal already moored or anchored when these and procedures of DOT is unnecessary.

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The effect of this regulation will not Small vessel traffic can pass safely their discretionary regulatory actions. In be significant because the zones will around the area and vessels engaged in particular, the Act addresses actions encompass only a small portion of the recreational activities, sightseeing and that may result in the expenditure by a waterway. Furthermore, vessels will be commercial fishing have ample space State, local, or tribal government, in the able to pass safely around the zones, outside of the security zone to engage in aggregate, or by the private sector of and may be allowed to enter these zones these activities. When a cruise ship is at $100,000,000 or more in any one year. on a case-by-case basis with permission anchor, vessel traffic will have ample Though this proposed rule would not of the Captain of the Port, or his room to maneuver around the security result in such an expenditure, we do designated representative. zone. The outbound or inbound transit discuss the effects of this rule elsewhere The sizes of the zones are the of a cruise ship will last about 30 in this preamble. minimum necessary to provide adequate minutes. Although this regulation Taking of Private Property protection for the cruise ships, their prohibits simultaneous use of portions crews and passengers, other vessels of the channel, this prohibition is of This proposed rule would not effect a operating in the vicinity of the cruise short duration. While a cruise ship is taking of private property or otherwise ships and their crews, adjoining areas, moored, commercial traffic and small have taking implications under and the public. The entities most likely recreational traffic will have an Executive Order 12630, Governmental to be affected are commercial vessels opportunity to coordinate movement Actions and Interference with transiting the main ship channel en through the security zone with the Constitutionally Protected Property route to the Ports of Los Angeles and COTP or his or her designated Rights. Long Beach and pleasure craft engaged representative. Civil Justice Reform in recreational activities and If you think that your business, sightseeing. The security zones will organization, or governmental This proposed rule meets applicable prohibit any commercial vessels from jurisdiction qualifies as a small entity standards in sections 3(a) and 3(b)(2) of meeting or overtaking a cruise ship in and that this rule would have a Executive Order 12988, Civil Justice the main ship channels, effectively significant economic impact on it, Reform, to minimize litigation, prohibiting use of the channels. please submit a comment (see eliminate ambiguity, and reduce However, the moving security zones ADDRESSES) explaining why you think it burden. will only be effective during cruise ship qualifies and how and to what degree Protection of Children transits, which will last for this rule would economically affect it. approximately 30 minutes. In addition, We have analyzed this proposed rule vessels are able to safely transit around Assistance for Small Entities under Executive Order 13045, the zones while a vessel is moored or at Under section 213(a) of the Small Protection of Children from anchor in the Ports of Los Angeles and Business Regulatory Enforcement Environmental Health Risks and Safety Long Beach. Fairness Act of 1996 (Pub. L. 104–121), Risks. This rule is not an economically significant rule and would not create an Small Entities we want to assist small entities in understanding this proposed rule so that environmental risk to health or risk to Under the Regulatory Flexibility Act they can better evaluate its effects on safety that might disproportionately (5 U.S.C. 601–612), we have considered them and participate in the rulemaking. affect children. whether this proposed rule would have If the proposed rule would affect your Indian Tribal Governments a significant economic impact on a small business, organization, or substantial number of small entities. governmental jurisdiction and you have This proposed rule does not have The term ‘‘small entities’’ comprises questions concerning its provisions or tribal implications under Executive small businesses, not-for-profit options for compliance, please contact Order 13175, Consultation and organizations that are independently Lieutenant Junior Grade Rob Griffiths, Coordination with Indian Tribal owned and operated and are not Assistant Chief, Waterways Governments, because it would not have dominant in their fields, and Management Division, (310) 732–2020. a substantial direct effect on one or governmental jurisdictions with more Indian tribes, on the relationship populations of less than 50,000. Collection of Information between the Federal Government and The Coast Guard certifies under 5 This proposed rule would call for no Indian tribes, or on the distribution of U.S.C. 605(b) that this proposed rule new collection of information under the power and responsibilities between the would not have a significant economic Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. impact on a substantial number of small U.S.C. 3501–3520). We invite your comments on how this entities. We expect this proposed rule proposed rule might impact tribal may affect the following entities, some Federalism governments, even if that impact may of which may be small entities: The A rule has implications for federalism not constitute a ‘‘tribal implication’’ owners and operators of private and under Executive Order 13132, under the Order. commercial vessels intending to transit Federalism, if it has a substantial direct Energy Effects or anchor in these small portions of the effect on State or local governments and ports of Los Angeles or Long Beach near would either preempt State law or We have analyzed this proposed rule a cruise ship covered by these security impose a substantial direct cost of under Executive Order 13211, Actions zones. The impact to these entities compliance on them. We have analyzed Concerning Regulations That would not be significant since these this proposed rule under that Order and Significantly Affect Energy Supply, zones are proposed to encompass only have determined that it does not have Distribution, or Use. We have small portions of the waterway for implications for federalism. determined that it is not a ‘‘significant limited periods of time while the cruise energy action’’ under that order because ships are transiting, moored, or in Unfunded Mandates Reform Act it is not a ‘‘significant regulatory action’’ anchorage. Delays, if any, are expected The Unfunded Mandates Reform Act under Executive Order 12866 and is not to be less than thirty minutes in of 1995 (2 U.S.C. 1531–1538) requires likely to have a significant adverse effect duration. Federal agencies to assess the effects of on the supply, distribution, or use of

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energy. It has not been designated by the port areas inside the Federal ACTION: Proposed rule. Administrator of the Office of breakwaters bounding San Pedro Bay; Information and Regulatory Affairs as a and SUMMARY: EPA is proposing to approve significant energy action. Therefore, it (3) All waters, extending from the a State Implementation Plan (SIP) does not require a Statement of Energy surface to the sea floor, within 200 yards revision submitted by the State of New Effects under Executive Order 13211. ahead, and 100 yards on each side and Hampshire. The revision consists of a astern of a cruise ship that is underway new rule, PART Env-A 623, ‘‘Prevention Environment either on the waters inside the Federal of Significant Deterioration of Air We have considered the breakwaters bounding San Pedro Bay or Quality Permitting,’’ that adopts into environmental impact of this proposed on the waters within three nautical New Hampshire’s SIP the federal PSD rule and concluded that, under figure 2– miles seaward of the Federal program provisions. The SIP revision 1, paragraph (34)(g), of Commandant breakwaters. also amends New Hampshire’s permit Instruction M16475.lD, this rule is (c) Regulations. (1) In accordance with procedural rule, PART Env-A 205, categorically excluded from further the general regulations in § 165.33 of ‘‘Permit Notice and Hearing Procedures: environmental documentation because this part, entry into or remaining in Temporary Permits and Permits to we are proposing to establish security these zones is prohibited unless Operate,’’ that make the rule consistent zones. A ‘‘Categorical Exclusion authorized by the Coast Guard Captain with the new state PSD rule. In another Determination’’ is available in the of the Port, Los Angeles-Long Beach, or document published elsewhere in this docket where indicated under his designated representative. issue of the Federal Register, EPA is ADDRESSES. (2) Persons desiring to transit the area approving the State’s SIP submittal as a direct final rulemaking. The action will List of Subjects in 33 CFR Part 165 of the security zone may contact the Captain of the Port at telephone number ensure that New Hampshire and EPA Harbors, Marine safety, Navigation 1–800–221–USCG (8724) or on VHF–FM will interpret and enforce the same PSD (water), Reporting and recordkeeping channel 16 (156.8 MHz) to seek rules providing regulatory certainty to requirements, Security measures, permission to transit the area. If the state’s regulated community. The Waterways. permission is granted, all persons and approval of this revision will make New For the reasons discussed in the vessels must comply with the Hampshire’s PSD program consistent preamble, the Coast Guard proposes to instructions of the Captain of the Port or with the federal plan requirements for a amend 33 CFR part 165 as follows: his or her designated representative. SIP-approved PSD program. (3) When a cruise ship approaches DATES: Written comments must be PART 165—REGULATED NAVIGATION within 100 yards of a vessel that is received on or before November 27, AREAS AND LIMITED ACCESS AREAS moored, or anchored, the stationary 2002. 1. The authority citation for part 165 vessel must stay moored or anchored ADDRESSES: Comments may be mailed to continues to read as follows: while it remains within the cruise ship’s Steven A. Rapp, Air Permits, Toxics, security zone unless it is either ordered and Indoor Programs, Office of Authority: 33 U.S.C. 1231; 50 U.S.C. 191; by, or given permission from, the COTP Ecosystem Protection (mail code CAP), 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 49 CFR 1.46. Los Angeles-Long Beach to do U.S. Environmental Protection Agency, otherwise. EPA-New England, One Congress Street, 2. Add § 165.1154 to read as follows: (d) Authority. In addition to 33 U.S.C. Suite 1100, Boston, MA 02114–2023. § 165.1154 Security Zones; Cruise Ships, 1231, the authority for this section Copies of the State submittal and EPA’s San Pedro Bay, California. includes 33 U.S.C. 1226. technical support document are (a) Definition. ‘‘Cruise ship’’ as used (e) Enforcement. The U.S. Coast available for public inspection during in this section means a passenger vessel, Guard may be assisted in the patrol and normal business hours, by appointment except for a ferry, over 100 feet in enforcement of the security zone by the at the Office of Ecosytem Protection, length, authorized to carry more than 12 Los Angeles Port Police and the Long U.S. Environmental Protection Agency, passengers for hire; making voyages Beach Police Department. Region I, One Congress Street, 11th lasting more than 24 hours, any part of Dated: October 4, 2002. floor, Boston, MA and the Department which is on the high seas; and for which J.M. Holmes, of Environmental Services, 64 North passengers are embarked or Captain, Coast Guard, Captain of the Port, Main Street, Caller Box 2033, Concord, disembarked in the Port of Los Angeles Los Angeles-Long Beach. NH 03302–2033. or Port of Long Beach. [FR Doc. 02–27375 Filed 10–25–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: (b) Location. The following areas are BILLING CODE 4910–15–U Brendan McCahill, (617) 918–1652. E- security zones: mail at [email protected]. (1) All waters, extending from the SUPPLEMENTARY INFORMATION: In the surface to the sea floor, within a 100- ENVIRONMENTAL PROTECTION Final Rules section of this Federal yard radius around any cruise ship that AGENCY Register, EPA is approving the State’s is anchored at a designated anchorage SIP submittal as a direct final rule either inside the Federal breakwaters 40 CFR Part 52 without prior proposal because the bounding San Pedro Bay or outside at Agency views this as a noncontroversial designated anchorages within three [NH–01–48–7174b; A–1–FRL–7376–4] submittal and anticipates no adverse nautical miles of the Federal Approval and Promulgation of Air comments. A detailed rationale for the breakwaters; Quality Implementation Plans; New approval is set forth in the direct final (2) The shore area and all waters, Hampshire; Prevention of Significant rule. If no adverse comments are extending from the surface to the sea Deterioration (PSD) of Air Quality received in response to this action, no floor, within a 100-yard radius around Permit Requirements further activity is contemplated. If EPA any cruise ship that is moored, or is in receives adverse comments, the direct the process of mooring, at any berth AGENCY: Environmental Protection final rule will be withdrawn and all within the Los Angeles or Long Beach Agency (EPA). public comments received will be

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addressed in a subsequent final rule will be withdrawn and all public request, dismissing the petition and based on this proposed rule. EPA will comments received will be addressed in terminating the proceeding. not institute a second comment period. a subsequent final rule based on this ADDRESSES: Federal Communications Any parties interested in commenting proposed rule. EPA will not institute a Commission, Washington, DC 20554. on this action should do so at this time. second comment period on this action. The address of counsel for the petitioner Please note that if EPA receives adverse Any parties interested in commenting is as follows: Timothy K. Brady, P.O. comment on an amendment, paragraph, on this action should do so at this time. Box 71309, Newnan, GA 30271–1309. or section of this rule and if that DATES: Comments on this proposed rule FOR FURTHER INFORMATION CONTACT: provision may be severed from the must be received in writing by Deborah A. Dupont, Media Bureau (202) remainder of the rule, EPA may adopt November 27, 2002. 418–7072. as final those provisions of the rule that ADDRESSES: Written comments may be SUPPLEMENTARY INFORMATION: This is a are not the subject of an adverse mailed to: Steven K. Body, Office of Air synopsis of the Commission’s Report comment. Quality, EPA Region 10, 1200 Sixth and Order, MM Docket No. 01–179, For additional information, see the Ave., Seattle WA 98101. adopted September 18, 2002, and direct final rule which is located in the Copies of the documents relevant to released September 27, 2002. The full Rules section of this Federal Register. this action are available for public text of this Commission decision is Dated: September 3, 2002. inspection between 8 a.m. and 4 p.m., available for inspection and copying Robert W. Varney, Monday through Friday at the following during normal business hours in the Regional Administrator, EPA New England. office: United States Environmental FCC Reference Information Center [FR Doc. 02–25858 Filed 10–25–02; 8:45 am] Protection Agency, Region 10, Office of (Room CY–A257), 445 12th Street, SW., BILLING CODE 6560–50–P Air Quality, 1200 Sixth Ave., Seattle Washington, DC The complete text of WA 98101. this decision may also be purchased FOR FURTHER INFORMATION CONTACT: from the Commission’s copy contractor, ENVIRONMENTAL PROTECTION Steven K. Body, Office of Air Quality, Qualex International, Portals II, 445 AGENCY EPA Region 10, 1200 Sixth Ave., Seattle 12th Street, SW., Room CY–B402, WA 98101. Telephone at (206) 553– Washington, DC 20554, telephone (202) 40 CFR Parts 52 and 81 0782. 863–2893. The Provisions of the Regulatory [Docket # ID–02–001; FRL–7397–9] SUPPLEMENTARY INFORMATION: For Flexibility Act of 1980 do not apply to additional information see the direct this proceeding. Members of the public Approval and Promulgation of Air final rule, of the same title, published in should note that from the time a Notice Quality Implementation Plans; State of the rules section of this Federal of Proposed Rule Making is issued until Idaho; Northern Ada County Carbon Register. Monoxide Redesignation to Attainment the matter is no longer subject to and Designation of Areas for Air Dated: October 10, 2002. Commission consideration or court Quality Planning Purposes Ronald A. Kreizenbeck, review, all ex parte contacts are Acting Regional Administrator, Region 10. prohibited in Commission proceedings, AGENCY: Environmental Protection [FR Doc. 02–27238 Filed 10–25–02; 8:45 am] such as this one, which involve channel Agency (EPA). BILLING CODE 6560–50–P allotments. See 47 CFR 1.1204(b) for ACTION: Proposed rule. rules governing permissible ex parte contacts. SUMMARY: On January 17, 2002, the State FEDERAL COMMUNICATIONS For information regarding proper of Idaho submitted a request to COMMISSION filing procedures for comments, See 47 redesignate the Northern Ada County CFR 1.415 and 1.420. ‘‘not classified’’ carbon monoxide (CO) 47 CFR Part 73 Federal Communications Commission. nonattainment area to attainment for the CO National Ambient Air Quality [DA 02–2390, Docket No. 02–179, RM– John A. Karousos, Standard (NAAQS). The State also 10199] Assistant Chief, Audio Division, Media submitted a CO maintenance plan for Bureau. Radio Broadcasting Services; Port St. [FR Doc. 02–26224 Filed 10–25–02; 8:45 am] Northern Ada County. In this action, Joe, FL EPA is proposing to approve the BILLING CODE 6712–01–P Northern Ada County CO redesignation AGENCY: Federal Communications request and the maintenance plan. In Commission. FEDERAL COMMUNICATIONS the Final Rules Section of this Federal ACTION: Proposed rule, dismissal. Register, EPA is approving the State’s COMMISSION redesignation request and State SUMMARY: This document dismisses a 47 CFR Part 73 Implementation Plan (SIP) revision, pending petition for rulemaking to add involving the maintenance plan, as a an FM allotment in Port St. Joe, Florida. [DA 02–2308, Docket No. 01–191, RM– direct final rule without prior proposal The Commission had requested 10211] because the Agency views the comment on a petition filed by Cecil P. Radio Broadcasting Services; Clayton, redesignation and SIP revision as Staton, proposing the allotment of OK noncontroversial and anticipates no Channel 242A at Port St. Joe, Florida. adverse comments. A detailed rationale Port St. Joe, Florida, 66 FR 44586, AGENCY: Federal Communications for the approval is set forth in the direct August 24, 2001. The petitioner filed Commission. final rule. If no adverse comments are comments in support of the proposal. ACTION: Proposed rule, dismissal. received in response to this proposed No other comments were received. On rule, no further activity is contemplated June 16, 2002, petitioner requested that SUMMARY: This document dismisses a in relation to this rule. If EPA receives the Commission dismiss the pending pending petition for rulemaking to add adverse comments, the direct final rule petition. This document grants that an FM allotment in Clayton, Oklahoma.

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The Commission had requested FEDERAL COMMUNICATIONS purchased from the Commission’s copy comment on a petition filed by Maurice COMMISSION contractor, Qualex International, Portals Salsa, proposing the allotment of II, 445 12th Street SW., Room CY–B– Channel 232C3 at Clayton, Oklahoma. 47 CFR Part 73 402, Washington, DC 20554, telephone Clayton, Oklahoma, 66 FR 44588, [MB Docket No. 02–277; FCC 02–249] (202) 863–2893, facsimile (202) 863– August 24, 2001. The petitioner filed 2898, or via email [email protected]. comments in support of the proposal. RIN 4207 Pursuant to §§ 1.415 and 1.419 of the No other comments were received. On Commission’s rules, 47 CFR 1.415 and 2002 Biennial Regulatory Review— 1.419 comments may be filed using the October 17, 2001, petitioner submitted a Review of the Commission’s motion requesting that the Commission Commission’s Electronic Comment Broadcast Ownership Rules and Other Filing System (ECFS) or by filing paper dismiss the pending petition. This Rules Adopted Pursuant to Section document grants that motion, copies. See Electronic Filing of 202 of the Telecommunications Act of Documents in Rulemaking Proceedings dismissing the petition and terminating 1996 (63 FR 24121, May 1, 1998). This the proceeding. AGENCY: Federal Communications document is available in alternative ADDRESSES: Federal Communications Commission. formats (computer diskette, large print, audio record, and Braille). Persons with Commission, Washington, DC 20554. ACTION: Proposed rule. The address of the petitioner is as disabilities who need documents in follows: Maurice Salsa, 5616 Evergreen SUMMARY: In this document the these formats may contact Brian Millin Valley Drive, Kingwood, TX 77345. Commission initiates its third biennial at (202) 418–7426 (voice), (202) 418– review of its broadcast ownership rules 7365 (TTY), or via email at FOR FURTHER INFORMATION CONTACT: pursuant to section 202 of the [email protected]. Parties may submit Deborah A. Dupont, Media Bureau (202) Telecommunications Act of 1996. The their comments using the Commission’s 418–7072. Commission invites comment on the Electronic Comment Filing System SUPPLEMENTARY INFORMATION: This is a national television multiple ownership (‘‘ECFS’’) or by filing paper copies. synopsis of the Commission’s Report rule, the local television multiple Comments may be filed as an electronic and Order, MM Docket No. 01–191, ownership rule, the radio-television file via the Internet at http:// adopted September 11, 2002, and cross-ownership rule, and the dual www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic released September 27, 2002. The full network rule. The first two rules have submission must be filed. If multiple text of this Commission decision is been reviewed and remanded to the docket or rulemaking numbers appear in available for inspection and copying Commission by the U.S. Court of Appeals for the District of Columbia the caption of this proceeding, however, during normal business hours in the commenters must transmit one FCC Reference Information Center Circuit, and the issues on remand are incorporated into the proceeding. In electronic copy of the comments to each (Room CY–A257), 445 12th Street, SW., addition, comments filed in previously docket or rulemaking number Washington, DC. The complete text of opened proceedings on the local radio referenced in the caption. In completing this decision may also be purchased ownership rule and the newspaper/ the transmittal screen, commenters from the Commission’s copy contractor, broadcast cross-ownership rule are should include their full name, Postal Qualex International, Portals II, 445 incorporated into this proceeding. The Service mailing address, and the 12th Street, SW., Room CY–B402, Commission’s Media Ownership applicable docket or rulemaking Washington, DC 20554, telephone (202) Working Group also separately released number. Parties may also submit an 863–2893. a series of studies on the media electronic comment by Internet e-mail. The Provisions of the Regulatory marketplace, and evidence in those To obtain filing instructions for e-mail Flexibility Act of 1980 do not apply to studies, as well as the comments, will comments, commenters should send an this proceeding. Members of the public be used to support decisions in this e-mail to [email protected], and should should note that from the time a Notice proceeding. include the following words in the body of Proposed Rule Making is issued until of the message: ‘‘get form .’’ A sample form and the matter is no longer subject to December 2, 2002; reply comments are directions will be sent in reply. Commission consideration or court due on or before January 2, 2003. Additional information on ECFS is review, all ex parte contacts are FOR FURTHER INFORMATION CONTACT: Paul available at http://www.fcc.gov/e-file/ prohibited in Commission proceedings, Gallant, (202) 418–2380, and Debra ecfs.html. such as this one, which involve channel Sabourin, (202) 418–2330. Press Filings may also be sent by hand or allotments. See 47 CFR 1.1204(b) for inquiries should be directed to Michelle messenger delivery, by commercial rules governing permissible ex parte Russo at (202) 418–2358 (voice), (202) overnight courier, or by first-class or contacts. 418–7365 (TTY) or (888) 835–5322 overnight U.S. Postal Service mail For information regarding proper (TTY). (although we continue to experience filing procedures for comments, see 47 SUPPLEMENTARY INFORMATION: This is a delays in receiving U.S. Postal Service CFR 1.415 and 1.420. summary of the Media Bureau’s Notice mail). Parties who choose to file by Federal Communications Commission. of Proposed Rulemaking (‘‘NPRM’’) MB paper must file an original and four 02–277; FCC 02–249, adopted copies of each filing. If more than one John A. Karousos, September 12, 2002 and released docket or rulemaking number appear in Assistant Chief, Audio Division, Media September 23, 2002. The complete texts the caption of this proceeding, Bureau. of this NPRM is available for inspection commenters must submit two additional [FR Doc. 02–26223 Filed 10–25–02; 8:45 am] and copying during normal business copies for each additional docket or BILLING CODE 6712–01–P hours in the FCC Reference Center, rulemaking number. The Commission’s Room CY–A257, 445 12th Street, SW., contractor, Vistronix, Inc., will receive Washington, DC and may also be hand-delivered or messenger-delivered

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paper filings for the Commission’s section 202(h) carries with it a 7. The Commission previously has Secretary at 236 Massachusetts Avenue, presumption in favor of repealing or initiated proceedings on the local radio NE., Suite 110, Washington, DC 20002. modifying the ownership rules. The ownership rule, MM Docket No. 01–317, The filing hours at this location are 8 court decisions interpreting section Definition of Radio Markets, NPRM/ a.m. to 7 p.m. All hand deliveries must 202(h) require a Commission decision to FNPRM (66 FR 63986, December 11, be held together with rubber bands or retain or modify its media ownership 2001), and the newspaper/broadcast fasteners. Any envelopes must be regulations, in its biennial review, to be cross-ownership rule, Cross-Ownership disposed of before entering the building. based on a solid factual record and a of Broadcast Stations and Newspapers, Commercial overnight mail (other than consistent analytical framework. MM Docket No. 01–235, Newspaper/ U.S. Postal Service Express Mail and 4. The regulatory structure best suited Radio Cross-Ownership Waiver Policy, Priority Mail) must be sent to 9300 East to promote the public interest is not MM Docket No. 96–197, Order and Hampton Drive, Capitol Heights, MD static. Thus, the Commission’s media NPRM (66 FR 50991, October 5, 2001). 20743. U.S. Postal Service first-class ownership rules must be reassessed on The local radio ownership rule sets mail, Express Mail, and Priority Mail an ongoing basis to ensure that they are forth the number of radio stations that should be addressed to 445 12th Street, grounded in the current realities of the an entity may own in a single radio SW., Washington, DC 20554. All filings media marketplace. It is only through market, § 73.3555(a). The local radio must be addressed to the Commission’s this reevaluation that the Commission ownership proceeding examines the Secretary, Office of the Secretary, can be assured that its media ownership effects of market consolidation, the Federal Communications Commission. rules actually advance, rather than proper definition of a radio market, and undermine, our policy goals. In this possible changes to our local radio Synopsis of the Notice of Proposed regard, we recognize that the ownership rules and policies to reflect Rulemaking marketplace has changed dramatically the current radio marketplace. The I. Introduction over the last few decades, with both newspaper/broadcast cross-ownership greater competition and diversity, and rule, which prohibits the common 1. This NPRM initiates a increasing consolidation. comprehensive review of the ownership of a daily newspaper and a 5. In conducting this reassessment of broadcast station in the same market, Commission’s media ownership rules. our broadcast ownership regulatory The law governing our media ownership § 73.3555(d), is currently under review framework, we must clearly define our in the newspaper/broadcast cross- policies and the media market has objectives as we strive to promote the undergone substantial changes since our ownership proceeding. Comments filed public interest. The Commission’s in those proceedings will be ownership rules were adopted. As a ownership policies traditionally have result, this proceeding will include a incorporated in this proceeding. We focused on advancing three broadly seek additional comment on those rules careful analysis of our policy goals and defined goals: (1) Diversity, (2) to the extent necessary to address issues the development and implementation of competition, and (3) localism. This raised for the first time in this NPRM. a regulatory framework that best serves proceeding will review these policy We do not contemplate a change in the to achieve those goals. objectives in light of the current media broadcast attribution rules, except to the 2. The Commission has long regulated marketplace and determine whether extent that the single majority media ownership as a means of Commission intervention is necessary to shareholder exemption is under promoting diversity, competition, and achieve these objectives. In addition, we consideration in the cable proceeding. localism in the media without will consider whether there are Implementation of Section 11 of the regulating the content of broadcast additional objectives that the Cable Television Consumer Protection speech. The Commission has adopted Commission should strive to achieve these regulations pursuant to sections through our media ownership rules. and Competition Act of 1992; 307, 308, 309(a), and 310(d) of the One such goal may be increased Implementation of Cable Act Reform Communications Act, which authorize innovation of media platforms and Provisions of the Telecommunications the Commission to grant and renew services. In defining these objectives, Act of 1996, CS Docket No. 98–82, broadcast station licenses in the public this proceeding will consider whether FNPRM (66 FR 51905, October 11, interest. The existing rules were the Commission should prioritize these 2001). We note in this regard that the adopted largely on a rule-by-rule basis policy objectives and, if so, how. By attribution rules do not themselves and evolved incrementally over the determining the relative weight of each prohibit or restrict ownership of years. During these evolutions, courts objective, the Commission will be well interests in any entity, but rather generally approved our rules as long as positioned to address those instances in determine what interests are cognizable they were rationally related to achieving which there is tension between our under those ownership rules. their stated purpose and our decisions policy goals. Furthermore, the focus of the biennial complied with administrative procedure 6. This NPRM initiates review of four review process is whether the requirements. ownership rules: the national television ownership rules ‘‘are necessary in the 3. The Telecommunications Act of multiple ownership rule, § 73.3555(e); public interest as the result of 1996 (‘‘the Act’’), Public Law No. 104– the local television multiple ownership competition.’’ The media attribution 104, fundamentally changed broadcast rule, § 73.3555(b); the radio-television limits are set at the level the ownership law. Section 202(h) of the cross-ownership rule, § 73.3555(c); and Commission believes conveys influence 1996 Act directs the Commission to re- the dual network rule, § 73.658(g). The over the affairs of the company in which examine its broadcast ownership rules first two rules have been reviewed and the interest is held. This level is not every two years and repeal or modify remanded to the Commission by the related to any changes in competitive any regulation it determines to be no U.S. Court of Appeals for the District of forces, and hence the limits are not longer in the public interest. Recent Columbia Circuit. We address the issues reviewed on a biennial basis. court decisions have held that section on remand in this proceeding. Fox 8. Our local ownership rules, which 202(h) changes the way the Commission Television Stations, Inc. v. FCC (‘‘Fox include the newspaper/broadcast cross- must evaluate its broadcast ownership Television’’); Sinclair Broadcast Group, ownership rule, the local TV ownership rules. The courts have stated that Inc. v. FCC (‘‘Sinclair’’). rule, the radio/TV cross-ownership rule,

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and local radio ownership rule, are rule, and initiated a proceeding with necessary to strengthen the bargaining interrelated. Each is intended to foster respect to the newspaper/broadcast power of the network affiliates, thereby competition and diversity in the local cross-ownership rule. The Commission promoting localism and diversity. media marketplace. As a result, it is decided to retain the local radio Although the court in Fox Television appropriate for the Commission to ownership rule, the national TV rejected the networks’ argument that consider these rules collectively, as any ownership rule (including the UHF this justification was inconsistent with change to one rule may affect the need discount), and the cable/broadcast the requirements of section 202(h), the for other rules to be retained, modified, cross-ownership rule. Prior to court determined that the Commission’s or eliminated. In addition, by evaluating completing the 1998 biennial review, reliance on this justification was invalid our local ownership rules collectively, the Commission had substantially because it did not have sufficient record we facilitate consistent analysis of relaxed the local TV ownership and support. In particular, the court held policy questions that are common to radio/TV cross-ownership rules in the that the Commission had failed to multiple rules. We are better able to separate local television ownership justify its departure from the 1984 analyze and apply our findings in areas proceeding, (MM 91–221, Report and Multiple Ownership Order, where the such as these by considering the rules Order (‘‘R&O’’), 64 FR 50651, September Commission said it ‘‘had no evidence collectively rather than separately. 17, 1999). In the 2000 biennial review indicating that stations which are not Assessing these rules collectively also proceeding, a Commission-wide group-owned better respond to avoids the problem in sequential comprehensive proceeding, the community needs, or expend decision making whereby early Commission endorsed the results of the proportionately more of their revenues decisions can inadvertently 1998 biennial review of its broadcast on local programming.’’ Nonetheless, predetermine—or preclude certain ownership rules. 1998 Biennial the court held that the Commission approaches in—later decisions. Regulatory Review—Review of the could conceivably distinguish—as Commission’s Broadcast Ownership II. Legal Framework for Biennial incorrect or inapplicable because of Rules and Other Rules Adopted Ownership Review changed circumstances—its views in the Pursuant to section 202 of the 1984 Multiple Ownership Order. The 9. Section 202(h) of the 1996 Act Telecommunications Act of 1996 (65 FR court also noted that the Commission provides: The Commission shall review 43333, July 13, 2000); 2000 Biennial did advert to possible competitive its rules adopted pursuant to this Regulatory Review, CC Docket No. 00– problems in the national markets for section and all of its ownership rules 175, Report, 16 FCC Record 1207 (2001). advertising and program production, biennially as part of its regulatory 12. Court Decisions Reviewing 1998 and that the intervenors, including the reform review under section 11 of the Biennial Review. The Commission’s National Association of Broadcasters Communications Act of 1934 and shall decisions in the 1998 Biennial Report and National Affiliated Stations determine whether any of such rules are relating to the cable/broadcast cross- Alliance, made a plausible argument necessary in the public interest as the ownership rule and the national TV that the national television ownership result of competition. The Commission ownership rule were challenged in the rule furthers competition in the national shall repeal or modify any regulation it United States Court of Appeals for the television advertising market. determines to be no longer in the public District of Columbia Circuit. In Fox interest. Section 11 further requires that Television, the court vacated the cable/ 14. Based on these findings, the court the Commission ‘‘shall repeal or modify broadcast cross-ownership rule, and remanded for further consideration the any regulation it determines to be no remanded the decision to retain the issue of whether to repeal or modify the longer necessary in the public interest.’’ national TV ownership rule, holding national TV ownership rule, holding 47 U.S.C. 161. that the Commission’s decision to retain that ‘‘the probability that the 10. The 1996 Act repealed the these rules was arbitrary and capricious Commission will be able to justify prohibition on common ownership of and contrary to section 202(h) of the retaining the Rule is sufficiently high cable and telephone systems, overrode 1996 Act. The court stated that the that vacatur of the Rule is not the few remaining regulatory limits Commission had ‘‘no valid reason to appropriate.’’ The court also held that upon cable/network cross-ownership, think the [national TV ownership rule] the Commission’s decision to retain the eliminated the national and relaxed the is necessary to safeguard competition’’ national TV ownership rule did not local restrictions upon radio ownership, or ‘‘to advance diversity’’ and had given violate the First Amendment, eased the ‘‘dual network’’ rule for no reason to depart from the conclusion reaffirming that the review of broadcast television, and directed the Commission the Commission had reached in 1984 regulations under First Amendment to eliminate the cap upon the number of that the rule was no longer necessary. jurisprudence is more deferential than television stations any one entity may The court observed that the Commission review of cable or print media own and to increase to 35 from 25 the had provided no analysis of the state of regulations. The court also rejected the maximum percentage of American competition in the television industry to networks’ claim that section 202(h) does households a single TV broadcaster may justify its decision to retain the national not allow the Commission to regulate reach. According to the court in Fox TV ownership rule. In addition, the broadcast ownership in the interest of Television, these enactments, together court faulted the Commission’s decision diversity alone. The court held that in with section 202(h), ‘‘set in motion a to retain the national TV ownership rule the context of broadcast regulation, the process to deregulate the structure of the while it observed the effects of changes public interest has historically broadcast and cable television in the local TV ownership rule. The embraced both diversity and localism, industries’’ as both competition and court concluded that this ‘‘wait-and- that protecting diversity is a permissible diversity among media voices increase. see’’ approach could not be squared policy for the agency to seek to advance, 11. This is our third biennial review. with section 202(h), which ‘‘carries with and that nothing in section 202(h) As a result of the 1998 biennial review it a presumption in favor of repeal or indicated that Congress had departed proceeding, the first review, the modification of ownership rules.’’ from that approach. The court then held Commission relaxed the dual network 13. In retaining the national TV that whatever the virtues may be of a rule, eliminated the experimental ownership rule, the Commission, in free market in television stations, broadcast station multiple ownership part, reasoned that the rule was ‘‘Congress may, in the regulation of

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broadcasting, constitutionally pursue ownership rule could not pass muster that language in Fox Television and values other than efficiency—including even under the more relaxed Sinclair. We specifically invite in particular diversity in programming, ‘‘consonance’’ standard and that comment on the standard we should for which diversity of ownership is determining the applicability of a apply in determining whether to perhaps an aspirational but surely not stricter standard of review therefore was modify, repeal, or retain our rules under an irrational proxy.’’ not necessary. The court decided to section 202(h) of the 1996 Act. For 15. The court also, in Fox Television, leave ‘‘unresolved precisely what example, does the phrase, ‘‘necessary in vacated the cable/broadcast cross- section 202(h) means when it instructs the public interest,’’ mean we must ownership rule, finding that the the Commission first to determine repeal a rule unless we find it to be Commission had failed to justify its whether a rule is ‘necessary in the indispensable? Or does the phrase mean retention of the rule as necessary to public interest’ but then to ‘repeal or that we can retain a rule if we would be safeguard competition. In the 1998 modify’ the rule if it is simply ‘no longer justified under the current Biennial Report, the Commission in the public interest.’’’ circumstances in adopting it in the first attempted to justify the retention of the 17. In Sinclair Broadcast Group, Inc. instance because the record shows that rule by arguing that a cable operator that v. FCC, the court reviewed the it serves the public interest? Or is the also owns a broadcast station has the Commission’s decision relaxing the standard somewhere in between? The incentive to discriminate against other local TV ownership rule. That rule Commission argued in its rehearing broadcasters by: (1) Offering joint allows the combination of two petition in Fox Television that advertising sales and promotions, and television stations in the same market if: ‘‘necessary in the public interest,’’ when (2) not carrying, or carrying on (1) The Grade B contours of the stations viewed in the context of the rest of the undesirable channels, broadcast signals do not overlap, or (2) (a) one of the 1934 and 1996 Acts, means ‘‘in the of competing stations. The court found stations is not among the four highest- public interest,’’ or useful or that the Commission had not shown a ranked stations in the market, and (b) at appropriate. The very next sentence of substantial enough probability of least eight independently owned and the statute uses the term ‘‘no longer in discrimination to deem reasonable a operating full power commercial and the public interest,’’ thus appearing to broad cross-ownership rule, especially non-commercial television stations, or equate a rule’s being ‘‘necessary in the in light of: (1) Existing conduct rules, ‘‘voices,’’ would remain in that market public interest’’ with its being ‘‘in the such as must-carry, ensuring access to after the combination. Under the rule, public interest.’’ The Commission cable systems, and (2) competition from voices are defined to include only argued that other provisions of the DBS providers, which would make broadcast television stations in the Communications Act contain similar discrimination against competing market. In Sinclair, the court held that language using the terms, ‘‘necessary,’’ broadcasters unprofitable. Further, the the Commission ‘‘adequately explained ‘‘required,’’ and ‘‘necessity,’’ but those court found that the Commission had how the [local TV ownership rule] provisions have been construed to failed to justify its departure from a furthers diversity at the local level and require the Commission to demonstrate 1992 Report and Order in which it had is necessary in the ‘public interest’ that the rules we adopt advance concluded that the rule was not under section 202(h) of the 1996 Act.’’ legitimate regulatory objectives, not that necessary to prevent carriage The court also upheld the local TV they are necessary in the sense of being discrimination. The court also found ownership rule against a First indispensable. Others might argue, that the Commission had failed to Amendment challenge, applying the however, that ‘‘necessary in the public justify the rule based on its diversity ‘‘rational-basis’’ standard of review. The interest’’ connotes that a rule must be concerns. Based on its assessment that court held that there was a rational essential or indispensable in order for there was little chance that the relationship between the Local TV us to retain it. What light do the Commission would be able to justify Ownership Report and Order and our statutory context and other case law cast retaining the cable/broadcast-cross- diversity and competition goals. The on the meaning of the term? We invite ownership rule, and that the disruption court noted that choosing the number comment on any other factors we caused by vacatur would be eight and defining voices ‘‘are should consider with respect to the insubstantial, the court vacated the rule. quintessentially matters of line drawing meaning of the statutory term 16. With respect to the standard of invoking the Commission’s expertise in ‘‘necessary in the public interest’’ as it review generally under section 202(h), projecting market results,’’ and did not the court noted, in the context of decide the issue of whether eight is the bears on our review of the ownership discussing the cable/broadcast cross- appropriate numerical limit. The court rules at issue in this proceeding. ownership rule, that the Commission invalidated, however, the Commission’s 19. In both Fox Television and had applied too lax a standard and that definition of voices under the rule Sinclair, the court, noting that ‘‘section ‘‘[t]he statute is clear that a regulation because it did not adequately explain its 202(h) carries with it a presumption in should be retained only insofar as it is decision to include only broadcast favor of repealing or modifying the necessary in, not merely consonant television stations as voices. The court ownership rules,’’ faulted the with, the public interest.’’ The pointed out that the definition was Commission’s justification of its rules as Commission petitioned for rehearing as inconsistent with the definition of lacking supporting factual evidence. to this issue, arguing that the court’s voices for the radio/TV cross-ownership Accordingly, with respect to the rules interpretation of the statutory language rule, which also considers major under consideration, we strongly would impose a higher standard in newspapers and cable television to be encourage commenters to provide deciding whether to retain a rule than voices. The court observed that ‘‘[o]n empirical evidence to buttress their that which applied to the adoption of remand, the Commission conceivably assertions. Our Media Ownership the rule in the first place. On rehearing, may determine to adjust not only the Working Group is engaged in a number the court deleted the paragraph in its definition of ‘voices’ but also the of studies that are intended to inform earlier opinion holding the Commission numerical limit.’’ the 2002 biennial review. These studies, to a higher ‘‘necessary’’ standard in 18. We seek comment on the statutory which will be released separately for biennial review proceedings, finding language of section 202(h) of the 1996 comment, concern the following that the cable/broadcast cross- Act and the court’s interpretations of subjects: (1) Inter-media substitutability

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among local media outlets from the regulation of speech will be upheld only any other competitive data that would perspective of local advertisers; (2) the if: (1) It furthers an important or be useful to our analysis. effect of broadcast media concentration substantial governmental interest; (2) 24. Video. There are currently over on the level of non-advertising content the government interest is unrelated to 106 million TV households in the U.S. produced and consumed; (3) the status the suppression of free expression; and served by a variety of video outlets. of broadcast television in the (3) the incidental restriction on alleged Over-the-air outlets include: 1,331 multichannel marketplace; (4) a First Amendment freedoms is no greater commercial TV stations (752 UHF, 579 comparison of local news quantity and than is essential to the furtherance of VHF); 381 non-commercial, educational quality on network-owned stations and that interest. The Supreme Court has TV stations (254 UHF, 127 VHF); 554 network affiliates; (5) past consumer determined that ‘‘promoting the Class A TV stations (451 UHF, 103 substitution patterns across various widespread dissemination of VHF); and, over 2,100 other low-power media; (6) the effect of common information from a multiplicity of TV stations. Over sixty percent of ownership of same-market newspapers sources’’ is a government interest that is commercial TV stations are affiliated and television stations on news not only important, but is of the with one of the top four networks (ABC, coverage; (7) a survey of American ‘‘highest order’’ and is unrelated to the CBS, Fox and NBC). Another 19 percent consumers regarding outlets used for suppression of free speech. are affiliated with the smaller national news and current affairs; (8) an 22. Courts have consistently applied networks: United Paramount (UPN), examination of program diversity on the rational-basis test when faced with Warner Brothers (WB), and Paxson prime time network television between First Amendment challenges to Network. The remaining commercial 1966 and 2002; (9) a survey of changes Commission ownership restrictions on stations are affiliated with other smaller in the availability of media outlets over broadcast media. This is true even when networks or are independents. time in ten select cities; and (10) the the ownership regulation effectively 25. Cable TV is available to the vast effect of local radio market limits what a non-broadcast media firm, majority of TV households in the U.S. concentration on program diversity and such as a newspaper or a cable There are 69 million households that advertising prices. Given the importance company, can own. In other words, subscribe to cable. There are over 230 of this data to the proceeding, and in when the rule prevents a newspaper national cable programming networks order to streamline the review process, from owning an in-market radio station, and more than 50 regional networks. comments will be due 60 days after the courts do not apply the strict Many cable systems offer access Commission release of the studies; reply scrutiny test applicable to newspapers channels for public affairs, educational comments will be due 90 days after as newspapers, but rather the rational- and governmental (‘‘PEG’’) release of the studies. We intend to use basis test used for evaluating broadcast programming and a few offer local cable the evidence collected in the studies, as regulations. We will explore a variety of news, educational and public affairs well as the comments, to guide and options for a new media ownership programming. Direct broadcast satellite support our decisions in this framework. We seek comment on the (‘‘DBS’’) is available nationwide and has proceeding. standard of review that would apply to over 18 million subscribers. In addition 20. The First Amendment. Any media these options. to the national cable programming ownership rules we ultimately adopt in networks, DBS offers regional sports III. The Modern Media Marketplace this proceeding must be consistent not networks. DBS may also retransmit the only with the legal standard of section 23. Section 202(h) requires the signals of local and network affiliate 202(h), but also with the First Commission to consider whether any of television stations to subscribers in their Amendment rights of the affected media its ownership rules are ‘‘necessary in local markets. DBS is also required to companies and of consumers. The Fox the public interest as a result of reserve not less than 4 percent of its Television and Sinclair cases recently competition.’’ As noted, the Fox channel capacity exclusively for applied the rational-basis standard to Television court faulted the noncommercial programming of an broadcast ownership rules. The court Commission for failing to provide any educational or informational nature. held in Fox Television that the analysis of the state of competition in Other Multi-channel Video Program Commission’s decision to retain the the television industry to justify its Distributors (‘‘MVPDs’’) include: national TV ownership rule did not retention of the national TV ownership satellite master antenna systems violate the First Amendment, and it rule. Therefore, our evaluation of the (SMATV), with 1.5 million subscribers; held in Sinclair that the local TV broadcast ownership rules must take home satellite dishes, which serve about ownership rule complies with the First into account the current status of 1 million homes; and multipoint Amendment. The court reaffirmed in competition in the media marketplace. distribution service (MDS), with about both cases that the rational-basis Throughout this proceeding, we seek 700,000 subscribers. standard of First Amendment scrutiny is comment on how changes and 26. Audio. Over 13,260 radio stations applicable to broadcast television rather developments in the media marketplace are currently on the air (4,811 AM, than the higher intermediate scrutiny affect our analysis and decision making. 6,147 commercial FM and 2,303 applicable to cable operators or the For example, in section IV we explore educational FM). The average radio strict scrutiny applicable to print media. the definition of the product market and market has 23 commercial stations. Of As the court noted in Sinclair, there is seek comment on whether the the 285 Arbitron radio markets, almost no unabridgeable First Amendment proliferation of programming outlets one-half of the markets are served by right to hold a broadcast license when and services requires the Commission to more than 20 stations and 90% of the a would-be broadcaster does not satisfy redefine the product market to include markets are served by more than 10 the public interest by meeting the media other than broadcasting. The data stations. In addition to broadcast radio, Commission criteria for licensing, provides a brief overview of the number audio music, talk, and news channels including ownership limitations. of outlets and potential competitors in are provided by many cable and DBS 21. In general, ownership limits on the video, audio, and newspaper operators. Two Digital Audio Radio cable operators have been subject to the industries. We seek comment on the Service (‘‘DARS’’) systems with over O’Brien, or intermediate scrutiny, test. significance of this data to our biennial 140,000 subscribers offer almost 100 Under this standard, government review of the ownership rules as well as audio channels nationwide using

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satellite transmission. Even more audio include competition—both the ensures that the public has access to channels are available through Internet promotion of competition and the information and programming from streaming. prevention of anti-competitive practices multiple content providers, while 27. Newspapers. In 2001, there were and results. program diversity refers to a variety of 1,468 daily newspapers in the U.S. The 31. Section 202(h) requires the programming formats and content. Each total circulation for those newspapers Commission to determine whether its of these components of diversity is was about 56 million. There were also ownership rules remain necessary in the described. about 7,700 weekly newspapers with a public interest as a result of 35. Viewpoint Diversity. Viewpoint combined circulation of about 71 competition. Therefore, we must first diversity has been the touchstone of the million. Sunday newspaper circulation determine whether the marketplace Commission’s ownership rules and collectively reaches over 59 million per provides a sufficient level of policies. We remain fully committed to week. Many of these newspapers are competition to protect and advance our preserving citizens’ access to a diversity available over the Internet. policy goals. If not, we must determine of viewpoints through the media. The 28. Internet and other media. Almost whether the existing rules or revisions Supreme Court has stated that ‘‘it has 60% of the U.S. population has Internet to those rules are required to protect and long been a basic tenet of national access at home. Over 40 million advance diversity, competition, and communications policy that the widest residential Web users have accessed localism in the media marketplace. possible dissemination of information streaming video. Also, about 90% of 32. The following paragraphs briefly from diverse and antagonistic sources is households have at least one VCR and discuss the Commission’s policy goals essential to the welfare of the public.’’ more than one-half of those own at least and invite comment on each. We The diversity of viewpoints, by two VCRs. Over 14 million homes have welcome the submission of any relevant promoting an informed citizenry, is DVD players. Personal Video Recorders empirical studies for quantifying essential to a well-functioning (‘‘PVR’’) sales have reached 500,000 benefits and harms, as well as democracy. The principal means by since they were introduced two years comments based on well-established which the Commission has fostered ago. economic theory and empirical diversity of viewpoints is through the evidence. In that regard, we are IV. Policy Goals imposition of ownership restrictions. In especially interested in receiving Sinclair, the Court of Appeals noted that 29. Each of the rules under review in comments that provide not only the ownership limits encourage diversity in this proceeding seeks to further one or theoretical justifications for adopting a the ownership of broadcast stations, more of three important public interest particular regulatory framework, but which can in turn encourage a diversity goals—diversity, competition and also empirical data on the effect that of viewpoints in the material presented localism. The Commission long has competition and consolidation in the over the airwaves. The court added that embraced these values as the foundation media industry have on our policy diversity of ownership as a means to of its ownership rules and policies. In goals. achieving viewpoint diversity has been this proceeding the Commission seeks A. Diversity found to serve a legitimate government to: (1) Define more precisely the interest, and has, in the past, been Commission’s policy goals; (2) 33. Diversity is one of the guiding upheld under rational-basis review. determine how to best promote these principles of the Commission’s multiple 36. Outlet Diversity. The control of goals in today’s media market consistent ownership rules. It advances the values media outlets by a variety of with our statutory mandate; (3) establish of the First Amendment, which, as the independent owners is referred to as the best measure for diversity, Supreme Court stated, ‘‘rests on the ‘‘outlet diversity.’’ Outlet diversity competition, and localism; and (4) assumption that the widest possible ensures that the public has access to establish a balancing test to prioritize dissemination of information from multiple, independently-owned the goals if tension exists between them. diverse and antagonistic sources is distribution channels (e.g., radio, 30. The courts have recognized the essential to the welfare of the public.’’ broadcast television, and newspapers) Commission’s legitimate interest in The Commission has elaborated on the from which it can access information promoting these policy goals through Supreme Court’s view, positing that and programming. We have long ownership limits. Media ownership may ‘‘the greater the diversity of ownership assumed that diffusing ownership of be limited in order to promote the First in a particular area, the less chance outlets promotes a wide array of Amendment interests of consumers of there is that a single person or group can viewpoints. Thus outlet diversity was a the electronic media and to promote have an inordinate effect, in a political, key mechanism for promoting diversity and competition. The Court editorial, or similar programming sense, viewpoint diversity. In attempting to has upheld the Commission’s on public opinion at the regional level.’’ foster viewpoint diversity through predominant reliance on the diversity 34. The Commission has considered structural regulation, our content- rationale to support its newspaper/ four aspects of diversity: viewpoint neutral method does not seek to broadcast cross-ownership policies. In diversity, outlet diversity, source evaluate the substance of any station’s Sinclair, the Court of Appeals noted that diversity, and program diversity. editorial decisions. Indeed, a major ownership limits encourage diversity in Viewpoint diversity ensures that the benefit of content-neutral structural the ownership of broadcast stations, public has access to ‘‘a wide range of regulation is that we avoid making which can in turn encourage a diversity diverse and antagonistic opinions and inescapably subjective judgments about of viewpoints in the material presented interpretations.’’ It attempts to increase editorial decisions, viewpoints and over the airwaves. The court added that the diversity of viewpoints ultimately content. Rather, we attempt only to diversity of ownership as a means to received by the public by providing preserve a sufficient number of achieving viewpoint diversity has been opportunities for varied groups, entities independently owned outlets to found to serve a legitimate government and individuals to participate in the increase the likelihood that independent interest, and has, in the past, been different phases of the broadcast viewpoints will be available in local upheld under rational basis review. The industry. Outlet diversity is the control markets. The Supreme Court has upheld interests that government may promote of media outlets by a variety of the Commission’s judgment that through content neutral rules also independent owners. Source diversity diversification of ownership enhances

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the possibility of achieving greater example, do ‘‘magazine shows’’ such as media concentration would be diversity of viewpoints. Sixty Minutes and ‘‘talk shows’’ such as especially useful. 37. Source Diversity. A related Hardball contribute to viewpoint 44. If the market alone does not satisfy concept is ‘‘source diversity,’’ which diversity as much as (or less or more the Commission’s goal of protecting and refers to the availability of content to than) straightforward news broadcasts? advancing viewpoint diversity, we must consumers from a variety of content 41. Viewpoint diversity has been a then consider the appropriate regulatory producers. Source diversity ensures that central policy objective of the framework for achieving that goal. the public has access to information and Commission’s ownership rules. We seek Traditionally, the Commission has programming from multiple content comment on whether viewpoint focused on the number of independent providers and producers. A wide array diversity should continue to be a owners on the theory that a larger of content producers can contribute primary goal of the Commission’s number of owners would help provide both to viewpoint diversity (particularly decision-making. The Commission has greater viewpoint diversity. Commission where the content is news and public not viewed source and outlet diversity policy presumes that multiple owners affairs programming) and program as policy goals in and of themselves, but are more likely to provide ‘‘divergent diversity. A number of government as proxies for viewpoint diversity. viewpoints on controversial issues,’’ efforts, both past and present, have been Should the Commission continue to use which the Commission has stated is aimed at promoting source diversity on source and outlet diversity as proxies to ‘‘essential to democracy.’’ Rules and mass media distribution platforms. Our protect and advance viewpoint Policies Concerning Multiple efforts centered initially on broadcast diversity? Or should each type of Ownership of Radio Broadcast Stations television, but have broadened in scope diversity be an explicit goal of the in Local Markets, MM 01–317, NPRM, more recently to focus on MVPDs such Commission’s policymaking? Parties (66 FR 63986, December 11, 2001).’’ We as cable operators and DBS service. advocating that source and/or outlet invite comment as to this policy. 38. Program Diversity. Program diversity should be a goal of Although courts have affirmed the diversity refers to a variety of Commission ownership policies should Commission’s ability to limit ownership programming formats and content. address how priorities would be set in pursuit of a diversity of viewpoints, Examples of program categories include among these types of diversity. they recently have required that we formats such as dramas, situation demonstrate a close connection between 42. Once we define our diversity goal, comedies, reality television shows, and the ownership rules and diversity. we must then ask whether the newsmagazines, as well as content, such Therefore, we must examine whether marketplace will protect and advance as health, nature, foreign language/ ownership limits are in fact necessary to diversity without regulatory ethnic, and cooking. In 1960, when promote diversity in the media. If we requirements. As set forth in section III, broadcast television was a more are to maintain ownership limits the current media marketplace appears dominant mass communications predicated on preserving diversity, we robust in terms of the aggregate number medium in this country, we sought to must inquire into whether our promote program diversity through of media outlets. Consumers generally traditional theory of diffused ownership direct means. See, e.g., Report and have access to news, public affairs, and policy is in fact more likely to preserve Statement of Policy Re: Commission en entertainment programming from a diversity than a policy that relies on banc Programming Inquiry (‘‘1960 variety of media outlets—broadcast, market forces or other measures to foster Programming Policy Statement’’), 44 cable, satellite, newspapers and the diversity. F.C.C. 2303 (1960). Internet. What has been the effect of this 45. If the Commission continues to 39. More than twenty years later, the proliferation of new media outlets on rely on an independent voice test as a Commission has indicated that markets the Commission’s diversity goals? What measure for ensuring the appropriate may serve Americans’ demand for effects, if any, do these outlets have on level of diversity, what media outlets or diverse programming more effectively our objective of promoting diversity and programming services should be than government regulation. In the Dual the means by which we can best achieve included in the independent voice test? Network Order (66 FR 32242, June 14, those goals? How should these or other For example, should we include cable 2001), the Commission allowed outlets be considered for the purposes of or DBS? Should commonly-owned common ownership of a major broadcast analyzing viewpoint diversity? Are media outlets be considered a single network and an emerging broadcast there unique attributes of broadcasting media ‘‘voice’’ in evaluating diversity? network in part because ‘‘if two that should lead us to define and Should cable television count as one networks are owned by a single entity, measure diversity without reference to voice because the cable operator the entity has an incentive to attract an other media? Commenters should exercises editorial control over the array of viewers with differing interests provide empirical data on consumer content that is distributed over that to produce the largest combined substitutability among the various platform? Or should the Commission audience for the overall enterprise. This media outlets or programs. look to the number of independent allows for the major network to pursue 43. In considering these questions, we programming entities as separate and programming suitable to mass tastes, are particularly interested in the actual distinct voices? with the smaller network programming experience of the media industry. Has 46. What other measures of diversity, to minority and niche tastes.’’ consolidation in local markets led to quantitative or qualitative, should we 40. Diversity Issues for Comment. We less or greater diversity? Commenters consider, and what tools do we have to seek comment on several aspects of are encouraged to submit empirical data measure diversity with a reasonable diversity, including how the specific and analysis demonstrating both the degree of accuracy? Are audience terms should be defined. The airing of change (either decrease or increase) in demographics an appropriate measure news and public affairs programming diversity levels and the causal link, as of diversity? Is competition an has traditionally been the focus of opposed to mere correlation, between appropriate proxy for diversity, such viewpoint diversity. We seek comment those changes and greater consolidation that the presence of a competitive local on whether we should consider non- in local markets. Evidence comparing market will assuage our concerns about traditional news programming as the levels of diversity in local diversity? Should we take ratings figures contributing to viewpoint diversity. For communities with different levels of or other measures of consumer usage

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into account in measuring diversity, and ownership as a goal in this proceeding. Cable television and DBS carry dozens, if so, how? In considering the various If so, how should we accommodate or and often hundreds, of channels and potential ways to measure diversity, we seek to foster that goal? In addition, we have taken significant market share from seek comment on how their use invite comment as to our legal authority broadcast TV stations. Furthermore, comports with the values and principles to adopt measures to foster that goal. Americans have demonstrated an embodied in the First Amendment. B. Competition increased willingness to pay for 47. We also must consider the information and programming. Cable appropriate geographic area over which 51. Competition is the second television and other MVPDs, including to measure diversity. Although radio principle underlying the Commission’s DBS, have reached an 86.4% ownership restrictions are limited to the local ownership rules and policies. In penetration rate in American homes. local market, television ownership is this proceeding, we seek to: (1) Define 54. What has been the effect of this restricted both on the local level and the Commission’s competition policy proliferation of new media outlets on nationally. Does the appropriate goal; (2) determine whether the market the Commission’s competition goals? geographic area for measuring diversity alone can achieve that goal; and if not, What effects, if any, do these outlets differ based on whether the (3) establish the appropriate regulatory have on our objective to promote programming is local or national in framework to protect and advance a competition and the means by which we nature? Should the appropriate competitive media market. can best achieve this goal? How should 52. We must first consider the geographic area for measuring diversity these and other outlets be considered for Commission’s underlying policy be the same as the relevant geographic the purposes of analyzing competition? objectives in examining competition. market for competition purposes? Are there unique attributes of The Commission has relied on the 48. We also seek comment on whether broadcasting that should lead us to principle that competitive markets best the level of diversity that the public define and measure competition serve the public because such markets enjoys varies among different without reference to other media? demographic or income groups. generally result in lower prices, higher 55. If the market alone does not satisfy Although access to broadcasting output, more choices for buyers, and the Commission’s goal of protecting and services is available to all individuals in more technological progress than advancing competition, we must then a community with the appropriate markets that are less competitive. In consider the appropriate regulatory receiving equipment, access to other general, the intensity of competition in forms of media typically requires the a given market is directly related to the framework for achieving that goal. The user to incur a recurring charge, number of independent firms that Commission has traditionally relied on generally in the form of a subscription compete for the patronage of consumers. structural ownership rules, which focus fee. Does this or any other differences We seek comment on how the on the number of independent owners, between broadcasting and other media Commission should define our on the theory that a larger number of reduce the level of diversity that certain competition policy goal. In addition to owners would enhance competition. demographic or income groups enjoy? the diversity component of our public While our local ownership rules were Does the fact that 86% of American interest analysis, should the based largely on preserving viewpoint households pay for television impact Commission specifically analyze the diversity, the Commission also found this analysis? What is the extent of any competitive nature of the market? Or that these rules would serve the public disparity in access to diversity, and how should we rely on the diversity interest by preventing broadcasters from should we factor in that disparity in our component of our analysis such that a ‘‘dominat[ing] television and radio diversity analysis? certain level of diversity would alleviate markets and wielding power to the 49. Would one or more kinds of our competition concerns? Additionally, detriment of small owners, advertisers, diversity be better promoted by as discussed, we seek comment on the and the public interest.’’ Are structural alternatives to structural regulation, various types of competition (i.e., ownership limits the best means to such as behavioral requirements? We competition for viewers/listeners or promote competition in the media? If invite comment on whether we should advertisers) and the appropriate we are to maintain ownership limits promulgate behavioral regulations. standards and measures to be used. predicated on preserving competition, is What, if any, behavioral requirements 53. Once we define our competition our traditional theory of diffused should be imposed and how should policy goal, we must then determine ownership policy more likely to they be administered? How is diversity whether the market will protect and preserve competition than a policy that served, if at all, by existing behavioral advance competition without regulatory relies on market forces or other rules such as those that require requirements. As set forth in section III, measures to foster competition? broadcasters to provide political the current media market appears robust 56. If we determine that a competition candidates access to their facilities in terms of the aggregate number of analysis is necessary, we must define under certain conditions, or those that outlets. Today, broadcasters operate in the relevant product and geographic require cable systems to set aside an increasingly crowded and dynamic markets in which broadcast TV and channel capacity for certain uses (e.g., media market. During the past twenty radio stations compete, as well as the PEG, leased access)? What kind of years, the broadcast television industry market share of the participants within programs and content contribute to has faced increasing competition both the relevant market, and then weigh the viewpoint diversity? from additional television stations and benefits of consolidation against the 50. In addition to seeking to foster the from other video delivery systems. The harms to consumers. For example, policy goals discussed, the Commission number of full-power television stations although ownership consolidation can has historically used the ownership has increased 68% since 1980, from produce efficiencies that result in rules to foster ownership by diverse 1,000 to almost 1,700, and the number stronger stations and improved services groups, such as minorities, women and of broadcast networks has grown from to the public, excessive concentration small businesses. In the context of this three to seven. During that same period, may reduce competition for viewers/ comprehensive review of our ownership there has been an enormous increase in listeners and lessen incentives to rules, we invite comment on whether the supply of non-broadcast video innovate and improve services to the we should consider such diverse programming available to Americans. public.

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57. We must first determine the authority under the Communications on whether, in today’s marketplace, we relevant product markets. Generally, Act justifies our basing broadcast should broaden the relevant advertising broadcast stations compete to attract ownership regulation on the level of product market to include other media viewers/listeners and advertising competition in the advertising market. advertising. dollars, and they compete as buyers of We also seek comment on whether, as 62. To what extent do non-broadcast programming. In past examinations of a policy matter, the Commission should media compete with broadcasters for our ownership rules, we have focused be concerned with advertising rates, or advertising dollars? For example, the on the program delivery market, the whether competition concerns in cable television industry has undergone advertising market, and the program advertising markets are more consolidation at both the national and production market. These individual appropriately governed by the antitrust local level. In addition to competing for product markets vary in significance agencies. What precisely are the harms audience share, cable television now depending upon the particular rule viewers and listeners would suffer if appears to be a more formidable under examination. In addition, these advertising prices were to rise as a result competitor to broadcasters for national product markets are interrelated, since of more concentrated media markets, and local advertising. In 1980, broadcast advertising revenue is often used to and what empirical evidence of these TV captured virtually all of the national finance program acquisition, which in harms is available? and local TV ad market (over 99%), turn helps to attract viewers/listeners, 60. The vast majority of American whereas cable had less than one which then enables media owners to households now pay for information percent. In 2000, broadcast TV share charge advertisers. We have not, and programming by subscribing to declined to 70% of national TV ad however, resolved the issue of the cable television or satellite services. revenue and about 80% of local TV ad relative weights we should accord each Does this change in consumer viewing revenue, and cable increased to 30% of these product markets for purposes of habits suggest that the advertising and 20%, respectively. How do these our competition analysis. We seek market may not be the best product and other developments in the media comment on whether our competition market to analyze because we do not advertising market affect our decision- analysis should focus on competition capture this factor as part of the making? Parties are asked to provide for advertising revenue, competition for competitive analysis? For instance, empirical data on the substitutability for viewers/listeners, a combination of the people who subscribe to DBS often advertisers among all media outlets and two, competition for programming, or watch non-broadcast channels. By to comment on how this data should some other factor. reducing viewership of local broadcast impact how we would define the 58. We first address the delivered channels, non-broadcast channels may relevant advertising product markets. programming market. Viewers/listeners reduce advertising revenues flowing to How should the differences between seeking delivered programming may local television stations. How can we local, regional, and national advertising choose among various providers, capture the impact of a rule change on markets factor into our analysis? including broadcasters, cable systems, viewers if we are using a product 63. We also seek comment on the DBS, and DARS. Viewers/listeners, definition (e.g. advertising) that does not extent, if any, to which our competition however, may also obtain programming account for these viewers/listeners. A analysis should consider the from videos, DVDs, CDs, and the recent study indicated that Internet programming purchasing market. Internet. Viewers/listeners may also users spend approximately 25% less Broadcasters, broadcast networks, cable attend movie theaters, stage theaters, time watching television stations than networks, cable operators, DBS and music concerts. While the non-Internet users. This phenomenon networks, and DBS operators create, Commission previously concluded that suggests that the Internet may compete purchase, or barter for programming. delivered video programming could be with television for viewers, which could Would relaxation or elimination of the a relevant market, we seek comment on reduce advertising revenues for both broadcast ownership rules enable whether the relevant market should be broadcast and non-broadcast channels. broadcasters to exercise monopsony broader. The answer depends on the Competitive developments such as these power in the purchase of programming, degree of substitutability between are not reflected in past Commission or is there sufficient competition from delivered programming and these other evaluations of the advertising market, other program buyers (e.g., cable and options. Do viewers/listeners consider yet they may have a meaningful effect DBS) or from other distribution streams these other options to be good on broadcasters’ ability to compete in (e.g., Internet or international) to substitutes for delivered programming? today’s media market. We seek prevent the exercise of such power? Commenters are encouraged to produce comment on how trends such as these 64. Our competition analysis must studies and empirical data to support should impact our analysis. In light of also define the geographic market for their views regarding the relevant market developments, would a direct delivered programming and advertising. product market. If delivered analysis of competition for viewers/ The geographic extent of the market, the programming is the relevant product listeners be a more appropriate means area where buyers can purchase a market, should we measure market for advancing our competition goal? If particular product or service from concentration by using the number of so, how should we measure entities’ sellers, is sometimes difficult to separately owned outlets, or some other market power? Commenters are determine, since different media outlets metric? If the relevant product market is encouraged to produce studies and serve different geographic areas. What broader than delivered programming, empirical data to support or refute are the implications of these different how should we measure market claims. geographic market definitions for our concentration? 61. If the Commission determines that competition analysis? Would the 59. Next, we address the advertising competition in advertising markets is an appropriate geographic market be market. As the steward of the important component of our different if we focused on viewership/ Communications Act, the Commission competitive analysis, we must then listenership rather than advertising? is charged with evaluating the potential determine the relevant advertising 65. Innovation. Change permeates benefits and harms to the viewing and product market. Historically, the virtually every aspect of the listening public, not to advertisers. We Commission has focused only on organization of media markets and the first seek comment on whether our broadcast advertising. We seek comment operation of media companies. In both

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broadcast and cable industries, analog 68. Congress has directed the needs and interests of the station’s transmission technologies are giving Commission to make the introduction of community. As the Fox Television court way to digital transmission technologies new technologies and services a recognized, one of the Commission’s that will greatly increase operators’ priority. We seek comment on whether purposes in retaining the national TV ability to offer new, more and better innovation is a valid policy goal in the ownership rule was ‘‘to preserve the services. In addition to broadcast and consideration of the competitive effects power of affiliates in bargaining with cable, consumers also have access to of our ownership rules. In this regard, their networks and thereby allow the multi-channel video and audio we invite comment on how our media affiliates to serve their local programming from DBS and the Internet ownership policies and rules affect the communities better.’’ and multi-channel audio programming incentives to innovate among 71. Localism remains an important from DARS. Each of these distribution broadcasters and other media market attribute of the broadcast media technologies are expanding the number competitors. For example, how do our industry. We request comment whether, of program choices and developing broadcast ownership rules affect and to what extent, it is related to program content for increasingly innovation in the form of digital ownership limits. For example, do specialized audiences. All of these television, digital cable, Internet access, ownership limits tend to ensure an changes reflect innovation, i.e., the and other new technologies? Do our adequate supply of local information development of new products or ownership rules hinder continued intended to meet local needs and services or new, less costly ways of innovation? Should the Commission interests? Is such news, public affairs, producing or delivering existing actively seek to promote innovation and other programming likely to be services. through its ownership rules, or merely available in the current marketplace 66. Innovation reflects developments avoid interfering with firms’ ability to without ownership limits? To what in technology that affect the modern innovate? If the former, what changes to extent do consumers’ access to local media marketplace. Innovation brings the ownership rules, if any, would news and information on non-broadcast significant benefits to consumers promote innovation? media (e.g., newspapers, cable through the creation of new media television, DBS, and the Internet) products and services, but it can C. Localism impact this analysis? How much local destabilize established business 69. The Commission has historically news and information is available on a practices and customer relationships. pursued policies aimed at encouraging typical cable system and on the Internet, Markets in which innovation is a localism. One statutory basis of the other than news that originates on prominent attribute differ from Commission’s promotion of localism in broadcast stations? Would some traditional markets, largely because the broadcasting is section 307 of the 1934 combination of market mechanisms and focal point of competitive rivalry is Act, which dates from the Radio Act of ownership limits, rather than one or the shifted more toward innovation, which 1927 and, in its present form, states: ‘‘In other, best promote localism? Are may fundamentally alter the behavior of considering applications for licenses, consolidation and efficiency firms competing in the market. In and modifications and renewals thereof, innovations likely to reduce the level of traditional markets (where product when and insofar as there is demand for local programming or reduce the differentiation is not extensive), firms the same, the Commission shall make amount of programming that is locally compete for customers primarily based such distribution of licenses, produced? on price and terms of sale of an existing frequencies, hours of operation, and of V. Local Ownership Rules (substitutable) product or service. By power among the several States and contrast, competitors in markets where communities as to provide a fair, 72. In this section, we discuss and innovation is an important force face a efficient, and equitable distribution of invite comment on possible changes to more dynamic and uncertain market. radio service to each of the same.’’ our multiple ownership rules Innovation competition involves intense Another is the Congressional Findings concerning local broadcasting (the local ‘‘competition for the market’’ such that and Policy in connection with the Cable TV multiple ownership rule and the a successful innovation may result in Television Consumer Protection and radio/TV cross-ownership rule). We also the sudden economic obsolescence of an Competition Act of 1992, which include invite suggestions of how we could existing product or technology (and the finding that ‘‘[a] primary objective achieve our goals of diversity, sometimes the demise of the firms that and benefit of our nation’s system of competition, and localism by means produce it). Innovation competition regulation of broadcast television is the other than broadcast ownership rules. tends to produce market leaders that local origination of programming.’’ We The options include case-by-case dominate a market for a period of time invite comment on the goal of localism determinations of multiple ownership until supplanted by another innovation as we have defined it and whether we and a single ownership rule that would introduced by the market leader or a should define it more narrowly or more apply to all media outlets. We invite competitor. broadly. comment on how best to define a 67. We seek comment on this 70. From the earliest days of ‘‘voice’’ or other measurement of analysis. To what extent does broadcasting, federal regulation has viewpoint diversity in our local rules. In innovation competition characterize sought to foster the provision of this latter regard we focus especially on rivalry in contemporary delivered programming that meets local relatively new media such as DBS and programming, broadcast advertising, communities’ needs and interests. Thus, the Internet, which have become and program production markets? In the Commission has licensed stations to powerful forces in recent years but are which media markets does price serve local communities, pursuant to not reflected in our current rules. competition seem to predominate over section 307(b) of the 1934 Act, and it innovation competition? If innovation has obligated them to serve the needs A. Local TV Multiple Ownership Rule competition is pervasive in media and interests of their communities. 73. The local TV ownership rule markets today, how should our Stations may fulfill this obligation by allows an entity to own two television ownership rules be modified to presenting local news and public affairs stations in the same DMA, provided: (1) encourage rivalry focused on programming and by selecting the Grade B contours of the stations do innovation? programming based on the particular not overlap; or (2) (a) at least one of the

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stations is not ranked among the four disserves others, does the balance of its intended to preserve viewpoint highest-ranked stations in the DMA, and effects argue for keeping, revising, or diversity and promote competition in (b) at least eight independently owned abolishing the rule? In the following local markets. With respect to viewpoint and operating commercial or non- paragraphs, we explore these questions diversity, the prohibition against commercial full-power broadcast in more detail. common ownership of two top-four- television stations would remain in the ranked stations in the same market was 1. The Sinclair Decision DMA after the proposed combination intended to avoid combinations of two (‘‘top four ranked/eight voices test’’). In 76. The voice test that applies to the stations offering separate local counting the number of independently current local TV ownership rule newscasts. The Commission’s analysis owned and operating full-power stations includes only TV stations. As discussed indicated that the top-four-ranked that count as voices under the rule, only in Sinclair, the court invalidated the stations in each market generally had a those stations whose Grade B signal definition of voices because the local newscast, while lower-ranked contours overlap with the Grade B Commission had not adequately stations frequently did not. The contour of at least one of the stations in explained its decision to exclude other Commission reasoned that permitting the proposed combination are counted. media. The court noted that the combinations between these two 74. The Commission adopted a rule Commission’s decision was inconsistent categories of stations, but not among the prohibiting common ownership of two with the definition of voices for the top four-ranked stations, would better TV stations with intersecting Grade B radio/TV cross-ownership rule, which preserve the possibility for different contours in 1964. The rule was based in also considers daily newspapers, radio viewpoints in local news presentation, part on the Commission’s earlier stations, and incumbent cable operators ‘‘which is at the heart of our diversity ‘‘diversification of service’’ rationale, to be voices. The court noted that, goal.’’ which suggests that the Commission having found for purposes of TV/radio believed its diversity concerns were cross-ownership that counting other a. Nature of Viewpoints on Local better promoted by a greater number media voices more accurately reflects Television rather than a lesser number of separately the actual level of diversity and 79. We seek evidence on the extent to owned outlets. In 1996, Congress competition in the market, the which local television stations express directed the Commission to ‘‘conduct a Commission had not explained why viewpoints in local newscasts and, if so, rulemaking proceeding to determine such diversity and competition should whether, and to what extent, those whether to retain, modify, or eliminate not also be reflected in its definition of newscasts provide diverse points of its limitations on the number of voices for the local TV ownership rule. view. What are a station’s incentives television stations that a person or The court noted that on remand, the regarding the expression of a viewpoint, entity may own, operate, or control, or Commission may adjust not only the both explicitly through editorializing have a cognizable interest in, within the definition of voices, but also the and implicitly through decisions on same television market.’’ The numerical limit, given that there is a whether and how to cover particular Commission revised the rule to its relationship between the definition of events? It is our understanding that TV current form in 1999, citing as reasons voices and the choice of a numerical stations have largely abandoned growth in the number and variety of limit. editorials because they fear that viewers local media outlets and the efficiencies 77. We invite comment on how to who disagree with the viewpoint and public service benefits that can be apply a voice test for a local TV expressed will temporarily or obtained from joint ownership. ownership rule, if we decide to apply permanently elect to watch another Additionally, the Commission sought to one. Should we continue to count only channel. Is this accurate? If so, what is ‘‘facilitate further development of independently owned and operating full the effect of this change? News competition in the video marketplace power commercial and non-commercial organizations argue that they have a and to strengthen the potential of television stations, or should we expand strong economic incentive to keep their broadcasters to serve the public the media included in the definition of news coverage and reporting as interest.’’ The Commission made a voice? For example, should we balanced and unbiased as possible. On relatively minor changes to the rule on include radio stations, daily the other hand, it appears that news reconsideration. In its remand of the newspapers, cable systems, DBS and periodicals and other print media may Commission’s 1999 Order, the court DARS, the Internet, and perhaps other have defined and distinct viewpoints. If found the Commission’s explanation of media? To what extent do consumers so, are different viewpoints explained or its decision to include only broadcast view these other media as sources of represented in their news reporting? television stations as voices insufficient, local news and information? In What effects have national, regional, although it concluded that the addition, we invite comment as to what and local cable news had on the Commission had adequately explained numerical or other limit we should set expression of viewpoints in local how the local TV ownership rule for the number of voices. In current markets? We seek comment on these ‘‘furthers diversity at the local level and marketplace conditions, what number of issues, including whether local TV is necessary in the ‘public interest’ voices would preserve our competition ownership regulations are necessary to under section 202(h) of the 1996 Act.’’ and diversity goals? Finally, we invite foster viewpoint diversity. 75. We ask for comment whether the comment as to whether any definition of 80. We have already suggested that local TV ownership rule is necessary in ‘‘voices’’ we adopt for the local TV market incentives may preserve program the public interest as the result of ownership rule should be used in other diversity as effectively as more diffused competition. Does it continue to serve rules, or whether there is adequate ownership structures. We seek comment its original purposes of furthering justification for distinguishing between on whether owners of broadcast stations diversity and facilitating competition in voices relevant to one rule and those have similar incentives with respect to the marketplace? Does the rule promote relevant to another. diverse viewpoints. Our understanding the other goals we set forth, including is that, when both television stations in all the various forms of diversity, 2. Diversity a duopoly carry local news, the competition, and localism? If the rule 78. The rule barring ownership of two newscast typically is produced by a serves some of our purposes and TV stations in the same market was single set of personnel using one set of

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facilities. Are there different economic programming, but sought comment on markets today. Are there media outlets incentives among stand-alone stations, whether it may indeed promote other than those discussed here, e.g., the duopolies, or ‘‘triopolies’’ to produce, in diversity of entertainment formats and Internet, that should be considered to be a single newscast, a diversity of programs. We invite comment on competitors in these product markets? viewpoints? What other evidence or whether, and if so how, common We seek information on the local market economic theories would shed light on ownership leads to provision of more share of DBS and multichannel the ‘‘viewpoint’’ incentives of diverse programming with respect to multipoint distribution service, as we commonly-owned local broadcast both entertainment and news and public generally only have aggregate national outlets? Are different viewpoints affairs programming in order to subscription data for these services. If produced by one editor the equivalent maximize audience share. If common broadcast TV competes with cable and for diversity purposes of different ownership of multiple stations promotes other media, do our local broadcast viewpoints produced by multiple program diversity, how does this affect ownership rules affect broadcasters’ editors? the need for the current local TV ability to effectively compete? ownership rule? Absent a rule, would 85. The Commission tentatively b. Connection Between Ownership and market forces alone lead to increased concluded in the TV Ownership FNPRM Viewpoint program diversity on commonly-owned that the geographic market for delivered 81. In the 1984 Multiple Ownership stations? programming was local; the geographic Order, the Commission cited evidence 83. A second, more fundamental, markets for advertising were both that at least some TV station owners issue regarding program diversity is national and local; and the geographic allowed local management to make raised by the dramatic advances in market for program production was news reporting decisions. In addition, video delivery technology in the past national/international in scope. Local according to testimony before Congress quarter century. Cable television geographic markets are particularly by the President and Chief Operating systems and DBS providers offer difficult to define because the local Officer of Viacom, Inc., CBS’ TV stations dozens, and often hundreds, of channels footprint of a broadcast outlet is likely determine locally how much news to to subscribers. Entire channels are to be different than the geographic area air, what stories are run, and when they devoted to particular formats or covered by other media outlets, such as are aired. To what extent are station specialized subjects. The increase in the cable systems. We seek comment on owners or the local news departments variety of programming available to how we should define the local responsible for those viewpoints many American consumers today geographic media market. Commenters expressed through local newscasts? suggests that limits on TV station are encouraged to submit data that we What evidence is available on this ownership may no longer be needed to could use to identify relevant point? Do station owners have formal or promote program diversity in the video competitors within geographic markets. informal policies that determine the market. We seek comment on this a. Advertising Market involvement of station owners in news analysis in connection with the local TV coverage and reporting decisions? multiple ownership rule. 86. For our competitive analysis of the Commenters are requested to provide local TV ownership rule, we seek information bearing on the connection 3. Competition comment on advertising markets. between editorial judgment or news 84. In the TV Ownership FNPRM, the Advertising markets are both national selection and station ownership. If the Commission identified three product and local in scope because of the record indicates a lack of connection markets in which television differing geographic areas advertisers between ownership and viewpoint broadcasters operate: the market for wish to reach. Certain advertisers wish expressed via local news programming, delivered programming; the advertising to reach the entire nation at once with we seek comment on the weight that market; and the program production their advertisements and therefore seek finding should be accorded in our market. Further, the Commission out media outlets with a national determination of whether the local TV segmented the advertising market into footprint. The sources of media with a ownership rule continues to be national, national spot, and local national footprint include broadcast supportable in its present form. markets, based on the nature of the television networks, program geographic area advertisers wish to syndicators, cable television networks, c. Program Diversity reach. The Commission tentatively DBS and possibly cable multiple system 82. The Commission previously has concluded that cable television directly operators (‘‘MSOs’’). Other advertisers noted that a single owner of multiple competes with broadcast television are only interested in paying for outlets may have stronger incentives to stations in each of these markets, and advertisements that reach viewers in a provide diverse entertainment formats, that broadcast radio and newspapers specific, local area. These advertisers programs, and content on its multiple compete with television in the local seek out media with a local footprint. outlets than would separate station advertising market. The Commission These local media include individual owners. An entity that owns multiple sought comment on whether other broadcast television stations, individual stations in a market may have the suppliers of video programming (e.g., cable system operators, individual incentive to target its programming to multichannel multipoint distribution broadcast radio stations, and local appeal to a variety of interests in an service and DBS compete with newspapers. The ‘‘national spot market’’ effort to maximize audiences, rather broadcast television stations. The is a subset of the local advertising than program its multiple outlets with Commission stated that it may not be market. In this market, national the same format or programming, appropriate to include them because advertisers buy advertising time on thereby competing with itself. While their market penetration was so low that certain specific local media outlets in acknowledging this viewpoint in the TV they were not relevant substitutes to a order to bring a specialized advertising Ownership FNPRM (60 FR 06490, majority of Americans. The record message to only some regions of the February 2, 1995), the Commission compiled in the 1998 Biennial Report country. Generally, the national questioned whether this model would suggested that this situation may have advertisers work with national promote a variety of viewpoints with changed. We encourage comment on advertising representative firms to place regard to news and public affairs which types of firms compete in these these advertisements. With newer

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technology, however, the television encourage commenters to address this Competition Report, we detailed the networks are able to place national spot issue of how our local media ownership status of additional potential advertisements into their own feeds. We rules should account for this issue of competitors, including: wireless cable ask for comment on this analysis of partial substitutability. systems, SMATV systems, local advertising markets, and on the policy exchange carriers, open video systems, b. Delivered Video Market implications of this or other analyses for Internet video, home video sales and our ownership rules. Our goal is to 89. For our competitive analysis of the rentals, electric utilities, and broadband ascertain whether the local TV local TV ownership rule, we also seek service providers. Some of these media ownership rule, as currently formulated, comment on the market for delivered are not available in many markets and, continues to be needed to promote video programming. In the TV thus, may not be relevant substitutes to competition in these advertising Ownership FNPRM, the Commission a majority of Americans. Should a level markets. observed that the time Americans spent of market penetration be deemed at 87. Broadcast television stations viewing television remained steady which a non-broadcast video delivery compete most directly in the local between 1970 and 1988. The media directly competes with broadcast advertising market. We seek to identify Commission concluded from this television stations? How does the fact the relevant competitors in this market. stability of television viewing over time that there are no consumer fees for Has the consolidation of cable systems that ‘‘delivered video programming’’ broadcast TV affect our analysis? into local and regional clusters could be a relevant market. If such data 92. While some video delivery media improved the ability of cable operators shows comparable levels of television may be considered good substitutes for to compete with television broadcasters viewing from 1988 to the present, entertainment programming, are the in the local advertising market? At a should we continue to define delivered same media good substitutes for local minimum, we expect that local cable video market programming as a relevant news and public affairs programming? operators that can offer an advertising market? If delivered video programming What measures should we use to product comparable to that of local is a relevant market, we must determine determine whether consumers view television stations should be included how to measure market concentration. different media as substitutes for in our analysis. If we conclude that The Commission has traditionally used entertainment programming or news cable operators do compete in the local the number of separately owned stations programming? Although cable systems television advertising market, that or outlets serving a market. We seek carry local broadcast stations and would suggest that the rule as currently comment, however, on other potential therefore may be considered good structured may not be necessary to measures of concentration, such as substitutes for both entertainment promote competition in local television audience share. programming and local news and public advertising markets and that a more 90. Consumers have entertainment affairs programming, DBS systems and relaxed ownership limit may be alternatives to watching television (i.e., other media may carry less local news appropriate. If we conclude that cable delivered video programming from and public affairs programming. To operators and television stations broadcast TV, cable TV, and DBS). what extent, if any, should our analysis constitute the relevant market These options include video of competition in the market for participants, we propose counting each programming from VCRs/DVDs, movie delivered programming differ from our outlet equally for purposes of assessing theaters and the Internet, as well as non- analysis of viewpoint and program local advertising competition. We seek video entertainment such as listening to diversity? comment on this analysis, including audio programming, reading, and c. Video Program Production Market whether a metric other than outlet virtually any other activity that a large counting is more appropriate in this number of people find entertaining. To 93. Television stations, along with TV area, and on the maximum level of what extent do consumers find these networks, cable networks, cable concentration among these outlets that entertainment alternatives to be good operators, DBS networks and DBS would ensure competition in local substitutes for television viewing? If operators purchase or barter for video television advertising markets. We there is substantial substitution between programming. The program production encourage commenters to submit these alternatives and television market could be affected if relaxation of empirical analyses of whether viewing, this may suggest that the the local TV ownership rule permits a advertisers view different advertising relevant market is broader than broadcaster to exercise significant media as substitutes for local television. delivered video programming. How market power in the purchase of video Such data might include advertiser should this affect our analysis of the programming. The result might be that spending patterns or information from need for a local TV ownership rule or suppliers of video programming would firms that purchase advertising for how such a rule should be drawn? be forced to sell their product at below clients. 91. Assuming that the delivered video competitive market prices in order to 88. It is also possible that radio market is a relevant product market for gain access to the local market stations, daily newspapers, and/or our competition analysis, the controlled by one or a few local group direct mail may, for some advertisers, Commission has tentatively included owners. The potential for the exercise of exert competitive pressure on local commercial broadcast television such market power, however, depends television advertising rates. If one or operators, public broadcast television critically on the absence of a sufficient more of such media are substitutes for station operators, and cable system number of competitors. The ever- some advertisers but not for others, we operators to be economically relevant increasing number of alternative seek comment on whether to include alternative suppliers of delivered video providers of delivered video such other competing outlets in our programming. The rapid growth of DBS programming in virtually every major advertising competition analysis. since 1995 requires us to include DBS market may mitigate the potential for Conversely, the exclusion of daily local as a strong participant in the delivered distorting the prices of video newspapers from our analysis could video market. We seek comment on programming by providing program result in a local television ownership other media that should be included in producers with additional outlets for rule that is unduly restrictive from a the delivered video market. For their product. We solicit comment on competitive perspective. We strongly example, in our Eighth Annual MVPD this point and evidence on the potential

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market power in the purchase of video particularly in small markets where the that ‘‘the principal purpose of the programming if we were to relax the fixed costs of production are spread proposed rules is to promote diversity of local ownership rule. over a relatively small customer base. viewpoints in the same area * * * [W]e We seek comment on whether the think it clear that promoting diversity of d. Innovation current local TV ownership rule affects ownership also promotes competition.’’ 94. We seek comment on the impact the viability of existing local newscasts The Commission adopted a presumptive that the local TV ownership limits may and/or potential newscasts, particularly waiver policy to permit certain radio/TV have on innovation in the media for small stations. Commenters asserting combinations in 1989, and relaxed the marketplace. Does our current rule that a relaxation of the local TV rule to its current form in 1999. The promote innovation? Would relaxation ownership rule will result in more local Commission relaxed the radio/TV cross- of the local TV ownership rule increase news are requested to specifically ownership rule to balance its traditional incentives or resources to provide address whether such greater output diversity and competition concerns with innovative broadcast programming or outweighs the potential loss of diverse its desire to permit broadcasters and the new broadcast-based technologies or voices among stations that previously public to realize the benefits of radio- services? What effect, if any, would a had separate newscasts. Are there other television common ownership. The relaxed local ownership rule have on factors or policy goals we should modifications were intended to ease the transition to digital television, or the consider in determining whether to administrative burdens and provide provision of other services by a local TV retain, modify or eliminate the local TV predictability to broadcasters in station? ownership rule? structuring their business transactions. In the 1998 Biennial Report, the 4. Localism B. Radio/TV Cross-Ownership Rule Commission concluded that no further 95. We seek comment on whether and 98. The radio/TV cross-ownership changes were warranted because the if so, how the local TV ownership rule rule limits the number of commercial radio/TV cross-ownership rule had been affects localism. Does the local TV radio and television stations one entity so recently relaxed, but it committed to ownership rule affect either the quantity may own in a market. The rule allows monitor the market effects of our or quality of local news and other common ownership of at least one deregulatory actions to determine programming of local interest produced television station and one radio station whether further changes are warranted. and aired by local stations? Does it in a market. In larger markets, a single 100. We ask parties to comment on affect the local selection of news content entity may own additional radio stations whether the radio/TV cross-ownership that is aired? We request that depending on the number of other rule is necessary in the public interest commenters provide data on the impact voices in the market. In larger markets, as the result of competition. Does it that TV duopolies and Local Marketing a single entity may own additional radio continue to serve its original purposes Agreements (‘‘LMAs’’) have had on the stations depending on the number of of promoting economic competition and production of local programming by other voices in the market. 47 CFR diversity, particularly viewpoint stations involved in such combinations 73.3555(c). The radio/TV cross- diversity? Does the rule promote the or arrangements. According to ownership rule generally allows other goals we set forth, including the testimony before Congress by the common ownership of one or two TV various forms of diversity and localism? President and Chief Operating Officer of stations and up to six radio stations in If the rule serves some of our purposes Viacom, Inc., after CBS’ combination any market where at least twenty and disserves others, does the balance of with Viacom, which resulted in six independent ‘‘voices’’ would remain its effects argue for keeping, revising, or duopoly markets, CBS had, or planned post-combination; two TV stations and abolishing the rule? to have, half-hour news spots or hourly up to four radio stations in a market 101. Some of the issues and requests updates on stations, in five different where at least ten independent ‘‘voices’’ for data contained in the preceding markets, that had not run such would remain post-combination; and section on the local TV ownership rule programming before. We invite one TV and one radio station overlap with our analysis of the radio/ comment on whether these assertions notwithstanding the number of TV cross-ownership rule. For example, reflect industry-wide trends. We ask independent ‘‘voices’’ in the market. If our request for comment on consumers’ commenters to provide empirical data permitted under the local radio sources for news and information is that demonstrates increased or ownership rules, where an entity may directly relevant to both the local TV decreased levels of local programming own two commercial TV stations and ownership rule and radio/TV cross- as a result of consolidation. six commercial radio stations, it may ownership rule. Issues of viewpoint 96. In the 1984 Multiple Ownership own one commercial TV station and diversity and localism, and issues of Order, the Commission cited awards seven commercial radio stations. For competition in the advertising market received by TV stations ‘‘from leading this rule, a ‘‘voice’’ includes and innovation, are also relevant to both professional organizations and independently owned and operating the local TV ownership rule and the community organizations’’ as one same-market, commercial and radio/TV cross-ownership rule. Where relevant indicator of local news quality. noncommercial broadcast TV, radio appropriate, we will apply data and If such awards are a reasonable stations, independently owned daily analysis from that section to our barometer of news ‘‘quality,’’ we request newspapers of a certain circulation, and analysis of the radio/TV cross- empirical analyses of whether these cable systems providing generally ownership rule. awards tend to be earned systematically available service to television more or less often by TV duopolies and/ households in a DMA, provided that all 1. Viewpoint Diversity or LMAs. cable systems within the DMA are 102. The current radio/TV cross- 97. Local TV newscasts and local counted as a single voice (Local TV ownership rule counts as a media voice public affairs shows are an important Ownership R&O). each independently owned and service provided by local television 99. The original rule, which operating same-market full-power stations. The cost of producing those prohibited radio/TV cross-ownership, commercial and noncommercial programs may represent a significant was adopted in 1970. In adopting the broadcast television and radio station. It portion of a station’s budget, rule, the Commission stated explicitly also counts certain types of daily

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newspapers and cable systems because less on cross-owned stations, does it policy goals can be conducted. In the ‘‘such media are an important source of suggest the opposite? alternative, or in conjunction with a news and information on issues of local case-by-case review, should the 3. Competition concern and compete with radio and Commission rely solely on the television, at least to some extent, as 104. In analyzing the relationship of unfettered marketplace to achieve its advertising outlets.’’ Thus, the current the radio/TV cross-ownership rule and stated policy goals? If we decide to rule implies that only these particular our goal of competition, the key issue retain structural rules, should the types of media contribute to viewpoint under our traditional competition Commission retain a set of outlet diversity. The rule does not account for framework is the extent to which radio specific rules similar in form to our news available on Internet Web sites, and television stations compete with current rules? DBS, cable overbuilds, magazines or each other to attract advertising 107. We recognize that a pure case-by- weekly newspapers. In our 1984 review revenue. The stronger the competition case approach could create an of the national TV ownership rule, between these two outlets, the more unnecessary level of uncertainty among however, we concluded that, with relevant a cross-ownership limit may be. media firms. Such uncertainty could be respect to viewpoint diversity, the Relaxation or elimination of the rule mitigated by one or more ‘‘soft’’ market includes a wide variety of media may not harm competition if the record ownership caps. A soft cap would types engaged in the dissemination of shows that there is weak substitution identify a certain level of ownership ideas, including not only television and between radio and television concentration below which a radio outlets, but also ‘‘cable, other advertising. We welcome comment, as transaction would be presumed lawful, video media, and numerous print media well as any empirical studies, on the and above which the transaction would as well.’’ Should those media be substitution between radio and be unlikely to be permitted, but would counted in a new voice test for radio/ television advertising. We also wish to be reviewed by the Commission on a TV cross-ownership, and if so, to what consider what bearing advertising case-by-case basis. If we adopted one or extent? Should we count each substitution between radio, television, more soft caps, we anticipate identifying independently owned cable network and other outlets, such as newspapers, the factors we would consider in carried by a cable system in a market as magazines, and Internet Web sites, may evaluating proposed transactions. We one voice? Does competition among have on this rule. Any empirical work seek comment on these matters. these media render the current demonstrating such advertising 108. If we decide to retain structural restriction unnecessary? Finally, we substitution is strongly encouraged. rules, should the Commission retain a seek comment on any alternatives to a 105. We are also concerned with the set of outlet specific rules similar in voice test. impact that radio/TV cross-ownership form to our current rules? This type of limits may have on innovation in the ownership rule structure may permit the 2. Localism media marketplace. Does our current Commission to limit specific harms and 103. In 1989, the Commission rule promote innovation? Would promote specific benefits in a more concluded that the cost savings and relaxation of the radio/TV cross- targeted fashion than would case-by- aggregated resources of combined radio- ownership rule increase incentives to case review. For example, if we found television operations appeared to provide innovative broadcast that two outlet types were both the contribute to more news, public affairs programming or new broadcast-based undisputed leaders in contributing to and other non-entertainment technologies or services? Are there other viewpoint diversity and were the only programming. Based in part on that factors or policy goals we should two competitors in a particular finding, the Commission adopted a new consider in determining whether to advertising market, we would explore presumptive waiver policy allowing retain, modify, or eliminate the radio/ whether a cross-ownership limitation increased radio-television ownership in TV cross-ownership rule? was necessary to preserve viewpoint the top-25 television markets and in diversity and economic competition. C. Alternative Means To Achieve Goals certain situations involving the 109. As suggested by this hypothetical acquisition of ‘‘failed’’ stations. It 106. If the record demonstrates that such an outlet specific method could anticipated that this policy would lead the current ownership rules are no require persuasive evidence that to a limited number of additional radio- longer necessary to actually serve the particular outlets are sufficiently unique television combinations that would stated goals and the public interest, we that they merit treatment separate from enable the Commission to obtain seek comment on the most appropriate other outlets. The Sinclair court held additional evidence regarding the means to achieve the stated goals. We that we failed to justify applying advantages and disadvantages of see, at a minimum, three alternatives: disparate voice tests to broadcast maintaining the cross-ownership rule. (1) A case-by-case approach; (2) outlet television stations in the local TV We seek comment on the quantities of specific rules; and (3) a single local multiple ownership and the radio/TV local news and public affairs media ownership rule covering all cross-ownership rules. For this reason, programming provided by TV-radio outlets. Often, bright line structural should the Commission adopt a local combinations and stand-alone TV and regulations have the effect of being both single media ownership rule that is radio stations in those same markets. over-inclusive and under-inclusive. applicable to all or some media outlets Are combinations and stand-alone That is, a prophylactic structural rule and dependent on the number of stations providing comparable may prohibit a combination that poses independent ‘‘voices’’ in any particular quantities of such programming? If TV- little competitive or consumer harm, or market? This single rule option is radio combinations produce a greater entails substantial consumer benefits. intended to address only those instances quantity of news programming than Or, such a limit may allow anti- in which the ownership of multiple non-combined stations, does that competitive combinations that media outlets included a broadcast suggest that greater cross-ownership nevertheless satisfy the rule. We ask station. A single rule applicable to all among TV and radio stations would whether our structural regulations media might help avoid the type of produce more news and/or public should be replaced with a case-by-case inconsistency criticized by the Sinclair affairs programming? If the quantity of review of transactions so that a fact- court. The goal of a single rule would news and public affairs is the same or specific analysis of the impact on our be to replace outlet specific rules that no

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longer may be justified by themselves indicated that all other media—such as 2. Weighting the Voices but which, viewed collectively, may radio, the Internet, weekly newspapers, 115. If data show that consumers rely continue to be necessary in some form magazines, cable and DBS—were to varying degrees on different types of to promote competition, diversity and significant (though not ‘‘essential’’) outlets for news and public affairs, we localism. We seek comment on these outlets for Americans to obtain news seek comment on how we might design proposals. and information. We seek comment on a test that accords different weights to 110. A key factor in whether we this option and, in particular, on different outlet types. For example, it pursue a single framework or more whether such a rule aimed at promoting may be appropriate to consider using outlet specific policies, or other options, viewpoint diversity would effectively weights based on such factors as is the feasibility of synthesizing the promote competition in local media audience reach, ownership structure, results of our various inquiries. We have markets as well. By limiting application the percent of programming or print identified the promotion of diversity, of this rule to only those instances in content devoted to local news, and/or competition, and localism as potential consumer use patterns. Such an guiding principles in setting ownership which the ownership of multiple media approach could be a more accurate policies. It is conceivable that certain outlets includes a broadcast station, measure of diversity and competition media outlets are substitutes for would we impair broadcasters’ ability to diversity purposes, but are not compete in today’s media marketplace? than the binary ‘‘voice’’ model (i.e., an outlet either is or is not a voice), but substitutes from the perspective of D. ‘‘Voice’’ or Other Test advertisers or program producers. In may be difficult to design and that situation, one option might be to: 112. We next address three subjects administer over time as industry (1) maintain same-outlet restrictions related to a so-called ‘‘voice test’’ to conditions change. This raises the (e.g., a limit on the number of assure competition and diversity in a question of how to account for such changes in a manner that does not commonly-owned radio stations per given market: (1) how to reformulate our undermine certainty and predictability. market), perhaps based on market size, mechanism for measuring diversity and 116. If we pursue a weighted in order to preserve economic competition in a market; (2) how to competition among those outlets that approach to measuring diversity and accord different weights to different competition in a given market, we directly compete with each other; and media types to the extent that they are (2) eliminate the cross-ownership rules would need a way to quantify the relied on by consumers differently; and relative contributions of each type of based on clear evidence that Americans (3) how to account for diversity and today rely on a far wider array of media outlet. We are uncertain whether competition via MVPDs and the Internet traditional all-news programming outlets than they did decades ago, when in a revised voice test. the cross-ownership rules were first should continue to be the only measure adopted. Or, if the evidence supported 1. Creating a New Metric of an outlet’s role in the market, or a finding that certain different types of whether other types of information that outlets were particularly important 113. In this section, we explore how people obtain from the media should news sources, we might replace the to reformulate our mechanism for count as well. Such quasi-news sources cross-ownership limits with an overall measuring diversity and competition in might include cable and DBS channels per-market cap on media outlets. We a given market. All four of our existing covering business or sports, and seek comment on whether this type of local broadcast ownership rules are websites devoted to those subjects. In ownership framework would be an aimed at preserving diversity and addition, some non-news programming appropriate response to a record that competition. The radio/TV cross- on broadcast television, such as ‘‘60 showed that the markets for advertising ownership rule employs a voice test that Minutes,’’ may be similar to news and viewpoint diversity are not allows varying levels of broadcast programming in certain respects. We coterminous. If we adopt such a ownership based on the number of seek comment on the relevance of these framework, should we adopt broadcast stations, major newspapers sources of news and information to a grandfathering provisions, and if so, and cable systems in the market. Such weighting system for various media what limits should we set? market-specific mechanisms, properly outlets. 111. Another approach to setting a implemented, represent an effective 117. We also seek comment on the single ownership rule would be to focus mechanism for addressing media relevance of current MVPD and Internet on promoting viewpoint diversity. Such ownership limits in widely divergent penetration levels in considering the a rule might be appropriate if evidence market conditions. contributions of MVPDs and the Internet in the record were to show that certain to diversity and competition. Broadcast 114. Thus, we initially explore media constitute an ‘‘essential class’’ of television and radio are available to news outlets for Americans today. If the whether to continue to use a voice test virtually all Americans who purchase a evidence before us were to show, for to guarantee a minimum level of television or radio, but the Internet, example, that local television stations, diversity and competition in a given DBS, and cable require monthly local cable operators, and daily market. The two current voice tests subscriptions. Does this fact support a newspapers were a distinct group of collectively include television stations, difference in the treatment of these influential news outlets, we might cable systems, radio stations, and daily media, such as a rule that counts only consider a local media ownership rule newspapers as ‘‘voices.’’ Other media broadcast television and radio? Or is the that permitted one entity to own up to that we could consider include Internet fact that some media are ‘‘free’’ and a certain percentage of such outlets in web sites (including video services and others require subscriptions immaterial a local market. Such a rule could limit online radio stations), DARS, to their impact on the American people? the common ownership of cable systems magazines, DBS operators, weekly In the past decade, non-broadcast media and broadcast stations in a market. We newspapers, and national newspapers. have become widely available and have seek comment on the implications of We request comment, including been subscribed to by the majority of such a result. In setting the appropriate empirical evidence, on whether each of American homes. Are they now percentage cap, we would rely partly on these additional outlets should be ubiquitous? Do the Americans who still the extent to which the evidence counted in a revised voice test. consume only broadcast television and

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radio have any distinguishing features, 120. Another approach would be to answered for broadcast stations in the such as location or level of income or count each independent owner as a same area that carry programs from the education? voice, so that if one entity owned a same source, such as a single news 118. Traditional voice tests do not broadcast station, a cable system and broadcast? On an AOL Time Warner consider the entire range of news several channels on it, an Internet cable system, for example, should CNN sources available to the public. A vast access service, and a web page in the count as a voice independent of AOL majority of people may choose to same area, it would count as one voice Time Warner? Should we count each receive news and information from a instead of many. Although we have independently owned network carried single source (e.g., a local television listed many sources of media by a cable system or DBS provider in a broadcast). This fact does not programming and distribution, industry market as one voice? On cable necessarily imply that the public has consolidation and the reduction in the television, do PEG channels carry limited access to many other sources of number of owners could diminish enough information and viewpoints to news and information (including the diversity and competition across these count as one or more voices? How Internet, for example). In other words, a outlets. common are locally or regionally lack of diversity in the outlets that 121. We invite comment on DBS’s oriented cable offerings such as New consumers typically view or listen to contribution to diversity and England Cable News, the borough- does not necessarily imply that competition, and whether DBS should specific cable channels in New York consumers have limited access to be considered a voice in any rule we City, and NorthWest Cable News that diverse viewpoints or to multiple adopt. At a minimum, DBS contributes serves Seattle and the Pacific sources of news and information. We to viewpoint diversity through its Northwest? Finally, we seek comment seek recommendations on how to editorial control over channel selection. on the ability of cable operators and accurately capture the vibrancy and In addition, DBS systems are, like cable DBS providers to act as content variety of today’s media market in a systems, platforms and outlets for far gatekeepers by choosing which framework that is predictable, adaptable more channels and programs than can programming is selected to fill the to future marketplace changes, and be presented by broadcasters. In the past available channel capacity. Should their judicially sustainable. we have not counted DBS as a voice status as gatekeepers affect whether or because it did not then provide local 3. Accounting for Diversity and how we count them as voices? programming. We invite comment as to Competition Via MVPDs and the 124. Like cable and DBS, the Internet whether that rationale is still valid Internet today. Should we consider DBS a voice also presents unique challenges in the 119. MVPDs and the Internet have because of the range of programs and context of diversity and competition. In posed unique challenges under past channels it provides? Do these systems 1999, we decided not to count the formulations of the voice test. Unlike contribute to diversity and competition Internet as a voice, in part because TV and radio stations, MVPDs and the regardless of the extent to which DBS ‘‘many still do not have access to this Internet are single outlets furnishing provides local programming? new medium.’’ Is the Internet now so access to multiple news sources. In 122. In addition, DBS operators’ widely accessible that it should count as analyzing whether and how MVPDs, transmission of local broadcast channels a voice? Are there characteristics of the such as cable systems, should be has greatly increased since the acquisition of information on the counted as voices, we must examine not enactment of the Satellite Home Viewer Internet, such as the need to click a only how much content is available, but Improvement Act of 1999 (‘‘SHVIA’’), hyperlink or key in a website’s Internet also who controls viewers’ access to it. which permitted DBS operators to address, that make it different from We decided in 1999, in the context of retransmit local broadcast signals into broadcasting such that we should not the radio/TV cross-ownership rule, to local markets. We ask whether, in light count it? Or, should these count a cable system as one voice of SHVIA, DBS can fairly be classified characteristics of the Internet affect the because ‘‘most programming is either as an outlet for the purpose of any new significance we give the Internet? If so, originated or selected by the cable voice test. Does the local programming should it count as one voice or many? system operator, who thereby ultimately available on DBS merely reproduce the On the Internet, how much news and controls the content of such information obtainable via over-the-air how many viewpoints are original; that programming.’’ However, cable systems television and cable? Does DBS provide is, not merely re-purposed content that also give viewers access to much a source of diversity and competition to also is available from local and national information on matters of public consumers in rural areas that are not media outlets, such as TV stations, concern. For example, it appears that a served by local TV stations or cable? networks, and newspapers? We assume typical household that subscribed to 123. We request comment on whether that the Internet permits the user to cable (or DBS) service could find—on the foregoing analysis of cable and DBS access any news source having a CNN, CNBC, MSNBC, Fox News, and C– is correct. Based on that analysis, presence on the World Wide Web. Is SPAN—at least as many sources of should we count these media as voices, there any instance of an Internet service information about national issues as it and if so, how? For example, where provider (‘‘ISP’’) or other entity acting as would find on multiple broadcast TV there are two cable systems serving the an ‘‘Internet gatekeeper’’ by denying a and radio stations. It also appears, same area, should we count each as a subscriber access to a news source on however, that most MVPDs carry largely voice? Or, should we count, as the World Wide Web? Is the role of a the same all-news channels and other independent voices, each independently gatekeeper different between the channels with specialized news and owned source of news and public affairs Internet and cable or DBS? We also information such as business, sports, programming that is made available to assume that, unlike cable or DBS, the and weather. Under one possible cable and DBS subscribers? When the Internet has unlimited capacity such approach, we could choose to count same programming is made available in that there is no limit on the number of CNN as one voice even if it were carried a community by more than one MVPD, news sources that a user can reach. We in a community by the largest cable e.g., if each one provides CNN, should seek comment on these assumptions operator, an overbuilder, and two or that count as one voice or more? How, and their relevance to our analysis of more DBS providers. if at all, should the same question be diversity and competition.

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VI. National Ownership Rules efficiencies to be realized, and the UHF discount. The UHF discount is 125. In this section we consider Commission raised numerical limits as intended to recognize the deficiencies in whether the national TV ownership rule the number of television stations over-the-air UHF reception in and the dual network rule continue to increased. comparison to VHF reception. The 128. In the 1996 Act, Congress meet the statutory standard. Unlike the Commission retained the 50% UHF directed the Commission to eliminate local TV ownership rule and the radio/ discount in the 1998 Biennial Report, the station cap and raise the national TV cross-ownership rule, these two concluding that the signal disparity reach limit from 25% to 35%. In the rules do not directly limit local media between UHF and VHF had not yet been 1998 Biennial Report, the Commission ownership, although they may eliminated. Noting that the signal addressed the issue of whether or not to disparity should be rectified to some indirectly affect viewpoint diversity in a modify or eliminate the 35% national extent by digital television, however, given local market by limiting network audience reach limit. The Commission the Commission stated in the 1998 ownership across markets. As such, they determined that the changes made in Biennial Report that when the transition appear to play a less direct role in our 1999 to the local television ownership to digital television is near completion, core policy concern of viewpoint rule should be observed and assessed we would issue a NPRM proposing a diversity, although we invite comment before making any further changes to phased-in elimination of the discount. on this issue. the national limit. It also found that 131. We ask the parties to comment A. National TV Ownership Rule many group owners had acquired large on the extent of the UHF ‘‘handicap’’ in numbers of stations nationwide, and today’s marketplace. In particular, over 126. The national TV ownership rule that this trend needed further 86% of consumers receive video prohibits an entity from owning observation. The Commission stated programming from MVPDs where UHF television stations that collectively that consolidation of ownership of signal quality is largely equalized with would reach more than 35% of U.S. television stations in the hands of a few that of VHF channels. In addition, cable television households. Reach is defined national networks would not serve the has must carry obligations with respect as the number of television households public interest. The Commission to UHF stations and DBS operators carry in the TV DMA to which each owned reasoned that national networks have a UHF stations in any local market where station is assigned. 47 CFR strong economic interest in having their they elect to carry at least one local 73.3555(e)(1). In the 1999 National affiliates clear (that is, decide to broadcast signal. We seek comment on Television Ownership R&O (64 FR broadcast) all network programming, whether the UHF discount continues to 50647, September 17, 1999) the and independently owned affiliates play be necessary in light of the effect of Commission clarified that no market a valuable counterbalancing role MVPDs on UHF signal issues. will be counted more than once when because they have the right to decide 1. Diversity calculating the 35% cap. DMAs, rather whether to clear network programming than Arbitron’s Areas of Dominant or to air instead programming from 132. In 1984, the Commission Influence, are used to define a station’s other sources that they believe better concluded that the relevant geographic market for the purpose of calculating serves the needs and interests of the market for considering viewpoint national audience reach. Broadcast local communities to which they are diversity is local, not national. Thus, in Television National Ownership Rules, licensed. It also said that independent the 1984 Multiple Ownership Order, the Review of the Commission’s Regulations ownership of stations increases the Commission relaxed the national Governing Television Broadcasting, diversity of programming by providing ownership restrictions. It raised the Television Satellite Stations Review of an outlet for non-network programming. station cap from seven stations to twelve Policy and Rules. VHF stations are The Commission referred to possible stations and said that the entire rule attributed with all TV households in the competitive problems in the national would be eliminated (or sunset) in six DMA; UHF stations are attributable with markets for advertising and program years. The Commission reasoned that 50% of the DMA households (the ‘‘UHF production. The court in Fox Television the area from which consumers can discount’’). VHF stations are attributed has remanded the Commission’s select the relevant mass media with all TV households in the DMA; decision in the 1998 Biennial Review alternatives is generally the local UHF stations are attributable with 50% not to consider further changes in the community in which they work and of the DMA households (the ‘‘UHF national TV ownership rule. In this live, where radio and TV signals are discount’’). section, we invite comment on whether available in discrete local markets, and 127. The Commission first adopted to retain, eliminate, or modify the other local media outlets are abundantly national ownership restrictions for national TV ownership rule. available. It determined that the lack of television broadcast stations in 1941 by 129. We ask for comment about relevance of the rule to local viewpoint imposing numerical caps on the number whether the current national TV diversity ‘‘persuades us that elimination of stations that could be commonly- ownership rule is necessary in the of the national ownership rule is owned. The rule was amended a public interest as the result of unlikely to have an adverse impact on number of times thereafter to increase competition. Does it continue to serve the number of independent viewpoints the cap on the number of television its original purposes of promoting available to consumers.’’ It also stations. In 1985, the station cap was competition and viewpoint and determined that elimination of the raised from 7 to 12 and an audience programming diversity? Does the rule national TV ownership rule posed no reach limit of 25% was added. The promote the other goals in described threat to the diversity of independent stated purposes of these early national section IV, including localism and the viewpoints in the information and TV ownership limits were, in general, to various other forms of diversity and entertainment markets, because a wide balance several goals. On the one hand, competition? If the rule serves some of range of media outlets existed and the Commission wanted to promote our purposes and disserves others, does because the rule did not affect the competition and ‘‘diversification of the balance of its effects argue for number of viewpoints in the relevant program and service viewpoints.’’ On keeping, revising, or abolishing the rule? local markets. the other hand, common ownership of 130. We invite comment on the 133. On reconsideration, the stations in different areas allows relevance and continued efficacy of the Commission added a 25% audience

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reach limit to the 12 station cap and the 1998 Biennial Report, it failed to an outlet for non-network programming. eliminated the sunset provision adopted explain why it no longer considered the In Fox Television, the court found our in the 1984 Multiple Ownership Order, reasoning in its 1984 Multiple explanation to be a plausible concluding that ‘‘the complete and Ownership Order to be persuasive. justification for the national ownership abrupt elimination of our national According to the court, the rule and consistent with the multiple ownership rules might Commission’s failure to explain this requirements in section 202(h). The engender a precipitous and potentially significant deviation from its earlier court stated, however, that the disruptive restructuring of the broadcast conclusions rendered its 1998 decision Commission’s conclusion was not industry.’’ The Commission reiterated arbitrary and capricious. adequately supported by the record: that diversity of viewpoint was 136. It appears that the national TV Although we do not agree with the determined at the local level. The ownership rule is not directly relevant, networks that this reason is Commission also affirmed that the 1984 and perhaps not relevant at all, to the unresponsive to section 202(h) * * * decision: balanced the need for a goal of promoting viewpoint diversity. we must agree that the Commission’s presumptive rule equating ownership Consumers generally do not travel to failure to address itself to the contrary diversity at the national level with other cities to obtain viewpoints. views it expressed in the 1984 Report viewpoint diversity against the Instead, they rely on outlets for news effectively undermines its rationale. demonstrable benefits of group sources, such as TV, radio, newspapers, * * * The [1998 Biennial Report] does ownership. In the context of this Internet, cable, DBS, and magazines that not indicate the Commission has since balancing process, we found that are available in their own cities. As a received such evidence or otherwise national ownership diversity is not of result, the expression of viewpoints by found reason to repudiate its prior primary relevance in promoting television stations in one city does not decision. We seek comment on whether viewpoint diversity. In this regard we appear to affect in any meaningful way independently owned, network- noted that the most important idea the viewpoints available to people affiliated stations offer more diverse markets are local . . . [N]ational located in other cities. We seek programming and/or programming from broadcast ownership limits, as opposed comment on this analysis as well as on more diverse sources than affiliated to local ownership limits, ordinarily are the general question whether our stations that are owned and operated by not pertinent to assuring a diversity of national TV ownership rule is relevant their network. We ask parties to provide views to the constituent elements of the to our goal of promoting viewpoint evidence supporting their comments on American public. diversity on a local level. Is there a this issue. Are there other factors or 134. In the 1998 Biennial Report, the relationship between the national policy goals we should consider in Commission reconsidered its views ownership rule and the dual network determining whether to retain, modify, regarding the relationship between the rule with regard to viewpoint diversity? or eliminate the national TV ownership national TV ownership rule and For example, could we safely repeal the rule? viewpoint diversity. It asserted that national ownership rule as long as we independently-owned affiliates play a maintain the dual network rule because 2. Competition valuable role by ‘‘counterbalancing’’ the the latter renders more likely the 138. We seek comment on how the networks’ strong economic incentive in preservation of at least four different national TV ownership rule affects the clearing all network programming newscasts in each market? Does, as the ability of TV station group owners to ‘‘because they have the right . . . to air Commission concluded in the 1998 compete against other video providers. instead’’ programming more responsive Biennial Report, independent We are interested in the impact this rule to local concerns. In determining not to ownership of stations increase diversity may have on the program production modify or eliminate the rule, it noted of programming by providing outlets for market and the advertising market. We that the ‘‘competitive concerns’’ of non-network programming? Do also ask whether examination of opponents of relaxing or eliminating the commenters believe that the broadcast advertising competition is, or should be, [national TV ownership rule], including of non-network programming promotes relevant to this analysis. Commenters the concern that the number of our goal of source diversity? are asked to analyze the impact of the viewpoints expressed nationally would 137. We seek comment on the role of transaction costs and uncertainties be reduced, were more convincing than independently owned and operated associated with network-affiliate the comments in support of relaxation stations. In deciding not to relax the relationships as well as any pro- or elimination. national ownership rule in the 1998 competitive benefits of the current 135. In Fox Television, the DC Circuit Biennial Report, the Commission said: national television ownership rule. We remanded the decision in the 1998 We do not believe that consolidation of also seek comment on whether the Biennial Report to retain the national ownership of all or most of the national television ownership rule TV ownership rule, holding that the television stations in the country in the artificially constrains the largest group decision to retain it was arbitrary and hands of a few national networks would owners from employing their skills in capricious. The court took note of the serve the public interest. The national additional markets, and whether and Commission’s 1984 Multiple Ownership networks have a strong economic how this operates to the detriment of Order, which concluded that the rule interest in clearing all network consumers in those markets. should be repealed because it focuses on programs, and we believe that national, rather than local, markets and independently owned affiliates play a a. Program Production Market thus has an insignificant effect on valuable counterbalancing role because 139. Broadcast television stations viewpoint diversity. It also took note of they have the right to decide whether to organize a schedule of video the Commission’s 1984 assertion that it clear network programming or to air programming which they either produce had no evidence suggesting that stations instead programming from other sources themselves or purchase from others in a which are not group-owned better that they believe better serves the needs national market. The TV Ownership respond to community needs, or spend and interest of the local communities to FNPRM expressed a competitive more of their revenues on local which they are licensed. Independent concern about the ability of large programming. When the Commission ownership of stations also increases the purchasers of video programming to changed course by retaining the limit in diversity of programming by providing exercise monopsony power and

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artificially restrict the price paid for comment on whether the key entering additional local markets. We programming. The market for program participants in the national television seek comment on this general issue, and production appears to consist of firms advertising market should be defined whether limiting the size of group that produce niche and general more broadly to include broadcast TV owners nationally can have an impact entertainment programming for sale to networks outside the strategic group. If on competition in the local advertising program packagers. Program packagers so, what are the factors that should be market. include cable networks, broadcast considered in identifying the members c. Innovation television networks, program of the strategic group? Should the syndicators, and individual owners of participants in the national television 146. We are also concerned with the television stations (regardless of advertising market also include other impact that the national TV ownership whether the station also carries network outlets such as non-broadcast television rule may have on innovation in the programming). networks (ESPN, CNN, etc.)? Cable media marketplace. Does our current 140. We seek comment on whether networks and the other broadcast rule promote or hinder innovation? the national TV ownership rule networks such as The WB and UPN Does a traditional competition analysis promotes or hinders competition in the have national coverage and carry adequately capture the beneficial effects program production market. We ask national advertising, which may suggest of innovation? What effect, if any, commenters to address whether raising they serve as substitutes from the would a relaxed national TV ownership the national ownership cap would perspective of at least some advertisers. rule have on the ability of a broadcast facilitate monopsony power. Our 144. Second, regardless of whether we network to develop innovative answer to this question depends also include non-broadcast networks in programming or services, or to significantly on the identification of the national television advertising effectuate the transition to digital market participants. market, we seek information on the television? Does the answer depend on 141. Regulatory changes have extent to which national spot whether the group owner plans to occurred in the past six years that may advertisements and/or syndicated provide purely high definition have affected the program production programming are fungible with network television or standard definition market. Prior to the 1996 increase in the television advertising from the television plus ancillary services? national TV ownership cap, the perspective of advertisers. If group Would relaxation of the national TV Commission eliminated the financial owners compete in the national ownership rule increase the ability and interest and syndication rules (‘‘fin- advertising market, it would appear that incentives of market participants (the syn’’) and the prime time access rule increasing the 35% ownership cap large group owners in particular) to (‘‘PTAR’’). Can the effects of the 1996 could diminish competition by allowing develop innovative technologies and/or change in the national ownership cap be broadcast networks to acquire new types of video programming? separated from the effects of the repeal additional stations, thereby reducing the 3. Localism of the fin-syn and PTAR rules? If so, we effectiveness of non-network group ask commenters to identify those effects owners in the national advertising 147. The Commission has said in the and to address whether the 35% cap market. We request market share data past that a national TV ownership rule continues to be necessary to promote a and analysis on this important point. strengthens localism by creating a class robust and diverse program production Technology changes in advertising of non-network station owners that can market. delivery may also allow the broadcast decide whether to preempt network programming in favor of programming b. Advertising Markets television networks to effectively provide national spot advertising. That that would better serve the needs and 142. We have considered national is, a national network may deliver interests of that station’s community. In television advertising as a relevant different advertisements targeted to Fox Television, the court affirmed that market based on the different nature of different regions of the country localism is a potentially relevant advertisers seeking a national audience simultaneously. We seek comment on consideration in deciding whether to rather than ones purchasing time for this development and its relevance, if retain, modify, or eliminate the national local markets. More recently, we any, to competition in the national TV ownership rule. Given this statement identified a strategic group among the advertising market. Third, a recent by the court and fact that the national programming networks that consisted of study suggests that the national ownership rule may have the most ABC, NBC, CBS, and Fox. This advertisers do not readily substitute direct impact of our rules on the assessment was based on findings that: between alternative media. We seek attainment of localism, our evaluation of (1) the relatively few local stations comment on this analysis. the continued need for this rule will available with which to affiliate 145. The national TV ownership rule rely heavily on our findings regarding constituted a meaningful entry barrier does not appear to have a direct effect its effectiveness in promoting localism. into the strategic group; and (2) prime on the number of competitors in the 148. The production of local news time viewership ratings were local advertising market. The rule and public affairs programming may significantly higher for the strategic affects primarily the total number of represent one form of localism. We seek group networks than for other broadcast national households one group owner to understand whether the national TV television networks. If our prior can reach, not the number within a ownership rule, by preserving a class of identification of this strategic group single market. Of course, we recognize affiliates, may have the effect of continues to be accurate today, the that the 35% limit could inhibit the increasing or decreasing the quantity existence of this group likely restrains participation of a group owner in a and/or quality of local news and public competition for national advertising particular local TV market and thereby affairs programming. We would be among the broadcasters. affect competition in that market. In particularly interested in any clear 143. We seek comment on whether particular, we seek comment on correlation between the status of this analysis continues to be an accurate whether additional scale economies stations as affiliates or network-owned characterization of the national could be realized by group owners and and the quantity of local news and advertising market and the participants whether the current rule prevents public affairs produced by those in the market. First, we request especially skilled management from stations. We request that commenters

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submit evidence addressing the relative the American public that already DMA is halved for UHF stations. The output of affiliates and networks in this receive broadcast programming through national TV ownership rule is thus regard and address the appropriate stations owned and operated by based on homes ‘‘passed,’’ not homes weight of such data in our evaluation of broadcast networks. Is there evidence actually viewing the stations of a group localism and the national ownership that consumers served by network- owner. This ‘‘potential audience’’ rule. owned stations have either benefited or measure is at odds with the way we 149. The national TV ownership rule been harmed by the lack of a non- calculate a national ownership audience may also promote localism by creating network owner as a check on network- reach limit for cable television. A home economic incentives for non-network provided programming? is attributed to a multi-system cable station owners regarding the preemption 152. It is also possible that localism operator only if that MSO actually of network-delivered programs with may be furthered by the national TV serves the home, not simply because it station-selected programming. Networks ownership rule by preserving a is available to that home. We seek incur costs in producing or purchasing sufficiently large class of network comment on which measurement programming for distribution on their affiliates that collectively can influence method is appropriate given the policy networks. Since the networks initially network programming decisions. This objectives of the national TV ownership bear these costs, network-owned and may be the case where networks plan to rule, and the differences between cable operated stations may have a stronger air a particular program that a large and broadcast television in the ease economic incentive than affiliates, all percentage of its affiliates disfavor. with which the potential service can be else being equal, to distribute network Negotiations between a sufficiently large accessed (switching off and on channels programming rather than replacing it on group of affiliates may cause the versus subscription and installation). Is a station-by-station basis in response to network to revise its programming the current method of measuring the community interests. It is also possible decision. By contrast, if the national broadcast audience appropriate because that the local programming preference television ownership cap were raised or broadcast is a non-subscription service? in a particular instance may be eliminated, a smaller group of affiliates Is there an alternative measurement sufficiently strong that even a network- raising the same concern might be less method that would be preferable to owned station would find it profitable able to persuade the network to alter is either of these existing approaches? to replace its own programming with programming plans. We ask commenters alternative programming. Parties to address the frequency and efficacy of B. Dual Network Rule commenting on this issue are asked to such discussions, to the extent they 156. The dual network rule currently address specifically the allocation of occur in practice, and the value of this provides: ‘‘A television broadcast advertising revenues between networks form of localism compared with station- station may affiliate with a person or and affiliates on preempted by-station preemption issues discussed. entity that maintains two or more programming. We seek comment on 153. We also seek comment on networks of television broadcast stations these observations and on any other whether the national TV ownership rule unless such dual or multiple networks economic incentives affecting the continues to be necessary to preserve are composed of two or more persons or preemption of network programming by affiliate bargaining power regarding entities that, on February 8, 1996, were local stations. preemption. Would increasing the cap ‘networks’ as defined in § 73.3613(a)(1) 150. In addition, television stations shift bargaining power to the networks of the Commission’s regulations (that is, are obligated to serve the needs and such that ‘‘local’’ rights would be lost as ABC, CBS, Fox, and NBC).’’ The rule in interests of their local communities. We a practical matter? its current form permits broadcast ask commenters to address the extent to 154. Separate from the selection of networks to provide multiple program which affiliates and/or network-owned programming, our goal of promoting streams (program networks) stations could be expected to preempt localism may be addressed through simultaneously within local markets, network programming when it is not in rules that promote the production of and prohibits only a merger between or their economic interest to do so. local news and public affairs among these four networks. According to testimony before Congress programming. The 1984 Multiple 157. The dual network rule was by the President and Chief Operating Ownership Order relied on news ratings originally adopted over sixty years ago Officer of Viacom, Inc., CBS’ owned- as an indicator of the quality of local and flatly prohibited any entity from and-operated stations ‘‘have complete news produced by group-owned stations maintaining more than a single radio freedom locally,’’ even preempting versus that produced by stand-alone network. A few years later, the rule was primetime network programming to air, stations. The Commission reasoned that extended to television networks. The for example, an emergency weather higher ratings indicated a greater Commission believed that an entity that newscast, a local telethon, and other responsiveness to local needs. Should operated more than one network might events of local interest. If the principal we compare the quality of local news preclude new networks from developing category of such ‘‘unprofitable’’ produced by network owned and and affiliating with desirable stations preemption is breaking news or other operated stations and that of affiliates because those stations might already be emergency information, should we using ratings as a measure of quality? tied up by the more powerful network expect networks and affiliates to Are there alternative measures for this entity. The Commission expressed respond similarly with respect to such comparison? concern that dual networking could give situations? a network too much market power. The 151. A key aspect of the argument that 4. Audience Measurement rule was also intended to remove the national TV ownership rule 155. The national TV ownership rule barriers that would inhibit the promotes localism is that affiliates serve is calculated based on the number of development of new networks, as well local needs more effectively than television households a station can to serve the Commission’s more general network station owners because reach. The number of households diversity and competition goals. affiliates are more likely to replace reached nationwide is the sum of the 158. After Congress, in the 1996 Act, network programming with number of households in each DMA in directed the Commission to amend the programming more suited to local which a group owner owns a television rule, the Commission amended the rule needs. There are significant portions of station. The number of households in a for the first time since it was adopted to

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permit a broadcast station to affiliate issues. The first is the loss of an 2. Competition with a network organization that independently owned and produced maintains more than one broadcast local newscast in cities where the two 164. The Dual Network Order did not network unless the multiple network networks each own local television resolve whether the dual network rule combination was created by a stations. We seek comment on the should be eliminated. Some combination among ABC, CBS, Fox, or impact of such a development on commenters pointed to new broadcast NBC, or a combination between one of viewpoint diversity. The local TV and non-broadcast competitors and these four networks and UPN or WB. In ownership rule could limit the degree to argued that a merger of two major the Dual Network Order last year, the which one entity, including a network, networks would not unduly affect the Commission further relaxed the rule to could own multiple TV stations in one level of diversity and competition. permit a ‘‘top four’’ network to merge market, assuming we retain that rule. Other commenters argued that major with or acquire UPN or WB. The We seek comment on whether we networks continue to have market Commission found that: (1) competition should address the loss of an power and relaxation of the rule would in the national advertising market independent local newscast as a result have an adverse impact on competition. would not be harmed by this rule of a combination of two or more of the We invite updates of these arguments. change; (2) greater vertical integration of four major networks in the dual network We also seek comment on whether the the sort contemplated by this rule rule, in the local TV ownership rule, or dual network rule promotes or retards change was potentially an efficient, pro- in some alternative new rule. innovation. competitive response to increasing 162. The second possible viewpoint 165. In the Dual Network Order, we competition in the video market; and (3) diversity concern relating to the found that the merger of an emerging program diversity would not be harmed elimination of the dual network rule is network and a major network may because the two combined networks the potential loss of one or more benefit viewers and advertisers by would have strong economic incentives independent national television news lowering the risk associated with the to diversify their program offerings. We operations. The primary focus of creation of new network programming ask for comment whether the relaxation networks’ national news operations of the dual network rule has had the appears to be on the nightly newscasts by giving one company a larger effects that we foresaw in the Dual by ABC, CBS, and NBC. We ask for potential audience for the programming Network Order. comment, in light of other sources of produced by the network. This spreads 159. We ask for comment about news and current public affairs, whether the fixed costs of program creation over whether the present dual network rule the loss of one or more of those nightly a larger number of viewers, thereby is necessary in the public interest as the newscasts as an independent source of lowering the per-viewer cost of result of competition. Does it promote news would significantly reduce producing the programming. If there are the goals we set forth—diversity, sources of news and current affairs and potential efficiencies of eliminating the competition, and localism? If the rule thus injure the public interest. Should rule for emerging networks, as we serves some of our purposes and the fact that the national broadcast concluded last year, will comparable disserves others, does the balance of its networks alone reach virtually all efficiencies accrue if two or more top effects argue for keeping, revising, or households in the country affect our four networks were permitted to merge? abolishing the rule? analysis? Would a reduction in the 166. In the Dual Network Order, we 1. Diversity number of independently-owned found that the combination of an national television networks give the emerging network and one of the four a. Program Diversity remaining networks undue power and major networks would not harm the 160. In the Dual Network Order, the influence, such as during national national television advertising market Commission found that program elections? because the two networks would diversity at the national level would not 163. Third, in the Dual Network compete in different strategic groups. likely be harmed by the combination of Order, we noted evidence in the record We seek comment on the effect of an emerging network (i.e., UPN or WB) from Network Affiliated Stations mergers among the four major networks with one of the four major networks. Alliance (‘‘NASA’’) that eliminating the on the program production market. If The Commission found it likely that dual network prohibition against the four major networks constitute a their common owner would have strong combinations of two of the top four strategic group within the national incentives to produce a diverse major networks would increase the advertising market, do they also operate schedule of programming for each set of networks’ economic leverage over their as a strategic group within the program local TV outlets in the same market. Has affiliates. We seek comment on how the production market? We seek comment the Commission’s expectation proved combination of two top four networks on how competition in the program correct? We also seek comment on the would affect the balance of negotiating production market and program power between networks and affected effect that consolidation between and diversity would be affected, if at all, by affiliates. Commenters should identify among top four networks likely would a merger among two or more of the four with precision how any such leverage have on program diversity. We seek major networks. comment on whether, and if so how, the affects viewpoint diversity in terms of increased competition that television program selection. We also seek 167. We are also concerned with the stations face from cable networks and comment on whether combinations of impact that the dual network rule may other media affects the diversity of major networks would affect the have on innovation in the media programming on all national program quantity or quality of diverse marketplace. Does our current rule networks. viewpoints on the merged company’s promote innovation? Would relaxation owned and operated stations. Are there of the dual network rule increase b. Viewpoint Diversity other factors or policy goals we should incentives to provide innovative 161. With respect to the combination consider in determining whether to broadcast programming or new of two or more top four networks, we retain, modify or eliminate the dual broadcast-based technologies or see several potential viewpoint diversity network rule? services?

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3. Localism submission to the Commission’s filing local media outlets and fewer types of location in downtown Washington, DC. media than there are today. The 168. The Dual Network Order did not 172. In addition, we request that ownership rules in their current form address localism as a policy goal per se. parties provide two paper copies of each therefore may need revision to ensure It did address localism in the context of ex parte submission to Qualex that they accurately reflect current a discussion of diversity. We seek to International. We ask parties to serve media marketplace conditions. The goal expand our understanding of the one electronic copy via email, plus one of this proceeding is to solicit comment relationship between localism and the paper copy of each ex parte submission, on the modification of the subject dual network rule. We invite comment to (1) Linda Senecal, Industry Analysis policies and rules. as to whether the current rule promotes Division, Media Bureau, Federal 176. In this NPRM, we seek comment localism and, if so, whether, Communications Commission, 445 12th on both ‘‘local’’ and ‘‘national’’ modification or elimination of the rule Street, SW., Room 2-C438, Washington, ownership rules. The local rules are the would have any effect. We also seek DC 20554, email [email protected]; and local TV multiple ownership rule and comment on whether combinations (2) Mania Baghdadi, Industry Analysis the radio/TV cross-ownership rule. The among major networks would affect the Division, Media Bureau, Federal national ownership rules are the quantity or quality of local news Communications Commission, 445 12th national TV multiple ownership rule provided by the merged company’s Street, SW., Room 2–C267, Washington, and the dual network rule. These four owned and operated stations. Are there DC 20554, email [email protected]. rules are described in sections V and VI any other factors we should consider in of this NPRM. Additionally, open B. Initial Regulatory Flexibility Analysis determining whether to retain, modify, proceedings concerning the newspaper/ or eliminate the dual network rule? 173. As required by the Regulatory broadcast cross-ownership rule and the Flexibility Act, the Commission has VII. Administrative Matters local radio ownership rule are prepared an Initial Regulatory incorporated into this proceeding. A. Procedural Provisions Flexibility Analysis (‘‘IRFA’’) of the 177. Section 202(h) of the 1996 possible significant economic impact on Telecommunications act directs the 1. Ex Parte Provisions a substantial number of small entities of Commission to re-examine its broadcast 169. Because this proceeding involves the proposals addressed in this NPRM. ownership rules every two years and broad public policy issues, the Written public comments are requested either repeal, retain or modify them. proceeding will be treated as ‘‘permit on the IRFA. These comments must be Additionally, two recent court decisions but disclose’’ for purposes of the filed in accordance with the same filing by the U.S. Court of Appeals for the Commission’s ex parte rules. See deadlines for comments on this NPRM, District of Columbia Circuit state that generally 47 CFR 1.1200–1.1216. Ex and they should have a separate and section 202(h) carries with it a parte presentations will be governed by distinct heading designating them as presumption in favor of repealing or the procedures set forth in section responses to the IRFA. modifying the ownership rules. In the Fox Television case, discussed in 1.1206 of the Commission’s rules VIII. Initial Regulatory Flexibility Act applicable to non-restricted section II of the item, the court vacated proceedings. Should circumstances 174. As required by the Regulatory the cable/broadcast cross-ownership warrant, this proceeding or any related Flexibility Act (‘‘RFA’’), see 5 U.S.C. rule and remanded for further proceeding may be designated as 603, the Commission has prepared this consideration the Commission’s restricted. Initial Regulatory Flexibility Analysis decision in its 1998 biennial review to (‘‘IRFA’’) of the possible significant retain then national TV multiple 170. Parties making oral ex parte economic impact on small entities by ownership rule. In the Sinclair case, presentations are directed to the the policies and rules proposed in this discussed in section II of the item, the Commission’s statement re-emphasizing NPRM, provided in sections IV, V and same court invalidated the the public’s responsibility in permit- VI of the item. Written public comments Commission’s definition of ‘‘voices’’ but-disclose proceedings and are are requested on this IRFA. Comments under the local TV ownership rule, reminded that memoranda summarizing must be identified as responses to the stating the Commission had failed to the presentation must contain the IRFA and must be filed by the deadlines justify its decision to include only TV presentation’s substance and not merely for comments on the NPRM. The broadcast stations as voices. list the subjects discussed. More than a Commission will send a copy of the 178. In light of the mandate in section one or two sentence description of the NPRM, including this IRFA, to the Chief 202(h) and these recent court decisions, views and arguments presented is Counsel for Advocacy of the Small the Commission seeks comment from generally required. See 47 CFR Business Administration (‘‘SBA’’). parties concerning ownership rules 1.1206(b)(2), as revised. Other rules discussed in the NPRM. The pertaining to oral and written A. Need for, and Objectives of, the Commission believes that a broad range presentations are set forth in § 1.1206(b) Proposed Rules of comments must be received to ensure as well. 175. Section 202(h) of the we fulfill our mandate to further the 171. We urge persons submitting Telecommunications Act of 1996 (‘‘1996 public interest, convenience and written ex parte presentations or Act’’) requires the Commission to necessity. summaries of oral ex parte presentations review all of its broadcast ownership 179. We are required under the in this proceeding to use ECFS in rules every two years commencing in Regulatory Flexibility Act to accordance with the Commission rules. 1998, and to determine whether any of demonstrate a flexible and responsive Parties using paper ex parte these rules are necessary in the public awareness of the interests of small submissions must file an original and interest as the result of competition. The business entities that are subject to the one copy with the Commission’s 1996 Act also requires the Commission rules under review in this NPRM. Secretary, Marlene H. Dortch. As to repeal or modify any regulation it Accordingly, we solicit comment from applicable, please follow the procedures determines to be no longer in the public all small business entities, including set forth for sending your submission by interest. At the time these ownership minority-owned and women-owned mail, or for hand delivery of your rules were adopted, there were fewer small businesses. We especially solicit

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comment on whether, and if so, how, public on a predetermined schedule. in revenue. We address each service the particular interests of these small Included in this industry are individually to provide a more precise businesses may be affected by the rules. commercial, religious, educational, and estimate of small entities. other television stations. Also included 187. Cable Operators. The B. Legal Basis are establishments primarily engaged in Commission has developed, with SBA’s 180. This NPRM is adopted pursuant television broadcasting and which approval, our own definition of a small to sections 1, 2(a), 4(i), 303, 307, 309, produce programming in their own cable system operator for the purposes and 310 of the Communications Act of studios. Separate establishments of rate regulation. Under the 1934, as amended, 47 U.S.C. 151, 152(a), primarily engaged in producing Commission’s rules, a ‘‘small cable 154(i), 303, 307, 309, and 310, and programming are classified under other company’’ is one serving fewer than section 202(h) of the NAICS numbers. 400,000 subscribers nationwide. We last Telecommunications Act of 1996. 184. According to Commission staff estimated that there were 1,439 cable C. Description and Estimate of the review of the BIA Publications, Inc., operators that qualified as small cable Number of Small Entities to Which the Master Access Television Analyzer companies. Since then, some of those Proposed Rules Will Apply Database on August 22, 2002, about 870 companies may have grown to serve (70%) of 1,250 commercial television over 400,000 subscribers, and others 181. The RFA directs agencies to broadcast stations have revenues of $12 may have been involved in transactions provide a description of, and, where million or less. We note, however, that that caused them to be combined with feasible, an estimate of the number of under SBA’s definition, revenues of other cable operators. Consequently, we small entities that may be affected by affiliates that are not television stations estimate that there are fewer than 1,439 any proposed rules, if adopted. The RFA should be aggregated with the television small entity cable system operators that generally defines the term ‘‘small station revenues in determining whether may be affected by the decisions entity’’ as having the same meaning as a concern is small. Our estimate, adopted in this NPRM. the terms ‘‘small business,’’ ‘‘small therefore, likely overstates the number 188. The Communications Act, as organization,’’ and ‘‘small governmental of small entities that might be affected amended, also contains a size standard entity’’ under section 3 of the Small by any changes to the ownership rules, for a small cable system operator, which Business Act. In addition, the term because the revenue figure on which it is ‘‘a cable operator that, directly or ‘‘small business’’ has the same meaning is based does not include or aggregate through an affiliate, serves in the as the term ‘‘small business concern’’ revenues from non-television affiliated aggregate fewer than 1% of all under the Small Business Act. A small companies. subscribers in the United States and is business concern is one which: (1) Is 185. Radio Broadcasting. The SBA not affiliated with any entity or entities independently owned and operated; (2) defines a radio station that has $6 whose gross annual revenues in the is not dominant in its field of operation; million or less in annual receipts as a aggregate exceed $250,000,000.’’ The and (3) satisfies any additional criteria small business. According to Commission has determined that there established by the SBA. Commission staff review of BIA are 68,500,000 subscribers in the United 182. In this context, the application of Publications Inc. Master Access Radio States. Therefore, an operator serving the statutory definition to television Analyzer Database on August 22, 2002, fewer than 685,000 subscribers shall be stations is of concern. An element of the about 10,800 (96%) of 11,320 deemed a small operator if its annual definition of ‘‘small business’’ is that the commercial radio stations have revenue revenues, when combined with the total entity not be dominant in its field of of $6 million or less. We note, however, annual revenues of all of its affiliates, do operation. We are unable at this time to that many radio stations are affiliated not exceed $250 million in the define or quantify the criteria that with much larger corporations with aggregate. Based on available data, we would establish whether a specific much higher revenue. Our estimate, find that the number of cable operators television station is dominant in its field therefore, likely overstates the number serving 685,000 subscribers or less totals of operation. Accordingly, the estimates of small entities that might be affected approximately 1,450. Although it seems that follow of small businesses to which by any changes to the ownership rules. certain that some of these cable system rules may apply do not exclude any 186. Cable and Other Program operators are affiliated with entities television station from the definition of Distribution. The SBA has developed a whose gross annual revenues exceed a small business on this basis and are small business size standard for cable $250,000,000, we are unable at this time therefore over-inclusive to that extent. and other program distribution services, to estimate with greater precision the An additional element of the definition which includes all such companies number of cable system operators that of ‘‘small business’’ is that the entity generating $12.5 million or less in would qualify as small cable operators must be independently owned and revenue annually. This category under the definition in the operated. We note that it is difficult at includes, among others, cable operators, Communications Act. times to assess these criteria in the direct broadcast satellite (‘‘DBS’’) 189. DBS Service. Because DBS context of media entities and our services, home satellite dish (‘‘HSD’’) provides subscription services, DBS estimates of small businesses to which services, multipoint distribution falls within the SBA-recognized they apply may be over inclusive to this services (‘‘MDS’’), multichannel definition of cable and other program extent. multipoint distribution service distribution services. This definition 183. Television Broadcasting. The (‘‘MMDS’’), Instructional Television provides that a small entity is one with Small Business Administration defines Fixed Service (‘‘ITFS’’), local multipoint $12.5 million or less in annual receipts. a television broadcasting station that has distribution service (‘‘LMDS’’), satellite The Commission, however, does not no more than $12 million in annual master antenna television (‘‘SMATV’’) collect annual revenue data for DBS receipts as a small business. Television systems, and open video systems and, therefore, is unable to ascertain the broadcasting consists of establishments (‘‘OVS’’). According to the Census number of small DBS licensees that primarily engaged in broadcasting Bureau data, there are 1,311 total cable could be impacted by these proposed images together with sound, including and other pay television service firms rules. DBS service requires a great the production or transmission of visual that operate throughout the year of investment of capital for operation, and programming which is broadcast to the which 1,180 have less than $10 million we acknowledge, despite the absence of

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specific data on this point, that there are winners, 61 met the definition of a small in the re-auction, for a total of 133 small entrants in this field that may not yet business. MDS also includes licensees entity LMDS provides as defined by the have generated $12.5 million in annual of stations authorized prior to the SBA and the Commission’s auction receipts, and therefore may be auction. As noted, the SBA has rules. categorized as a small business, if developed a definition of small entities 195. In sum, there are approximately independently owned and operated. for pay television services, which a total of 2,000 MDS/MMDS/LMDS 190. Home Satellite Dish (‘‘HSD’’) includes all such companies generating stations currently licensed. Of the Service. Because HSD provides $12.5 million or less in annual receipts. approximate total of 2,000 stations, we subscription services, HSD falls within This definition includes multipoint estimate that there are 1,595 MDS/ the SBA-recognized definition of cable distribution services, and thus applies MMDS/LMDS providers that are small and other program distribution services. to MDS licensees and wireless cable businesses as deemed by the SBA and This definition provides that a small operators that did not participate in the the Commission’s auction rules. entity is one with $12.5 million or less MDS auction. Information available to 196. Satellite Master Antenna in annual receipts. The market for HSD us indicates that there are Television (‘‘SMATV’’) Systems. The service is difficult to quantify. Indeed, approximately 850 of these licensees SBA definition of small entities for the service itself bears little resemblance and operators that do not generate cable and other program distribution to other MVPDs. HSD owners have revenue in excess of $12.5 million services includes SMATV services and, access to more than 265 channels of annually. Therefore, for purposes of the thus, small entities are defined as all programming placed on C-band IRFA, we find that there are such companies generating $12.5 satellites by programmers for receipt approximately 850 small MDS providers million or less in annual receipts. and distribution by MVPDs, of which as defined by the SBA and the Industry sources estimate that 115 channels are scrambled and Commission’s auction rules. approximately 5,200 SMATV operators approximately 150 are unscrambled. 193. The SBA definition of small were providing service as of December, HSD owners can watch unscrambled entities for cable and other program 1995. Other estimates indicate that channels without paying a subscription distribution services, which includes SMATV operators serve approximately fee. To receive scrambled channels, such companies generating $12.5 1.5 million residential subscribers as of however, an HSD owner must purchase million in annual receipts, seems July, 2001. The best available estimates an integrated receiver-decoder from an reasonably applicable to ITFS. There are indicate that the largest SMATV equipment dealer and pay a presently 2,032 ITFS licenses. All but operators serve between 15,000 and subscription fee to an HSD 100 of these licenses are held by 55,000 subscribers each. Most SMATV programming package. Thus, HSD users educational institutions. Educational operators serve approximately 3,000– include: (1) Viewers who subscribe to a institutions are included in the 4,000 customers. Because these packaged programming service, which definition of a small business. However, operators are not rate regulated, they are affords them access to most of the same we do not collect annual revenue data not required to file financial data with programming provided to subscribers of for ITFS licensees, and are not able to other MVPDs; (2) viewers who receive ascertain how many of the 100 non- the Commission. Furthermore, we are only non-subscription programming; educational licensees would be not aware of any privately published and (3) viewers who receive satellite categorized as small under the SBA financial information regarding these programming services illegally without definition. Thus, we tentatively operators. Based on the estimated subscribing. Because scrambled conclude that at least 1,932 licensees are number of operators and the estimated packages of programming are most small businesses. number of units served by the largest specifically intended for retail 194. Additionally, the auction of the ten SMATVs, we believe that a consumers, these are the services most 1,030 LMDS licenses began on February substantial number of SMATV operators relevant to this discussion. 18, 1998, and closed on March 25, 1998. qualify as small entities. 191. Multipoint Distribution Service The Commission defined ‘‘small entity’’ 197. Open Video Systems (‘‘OVS’’). (‘‘MDS’’), Multichannel Multipoint for LMDS licenses as an entity that has Because OVS operators provide Distribution Service (‘‘MMDS’’), average gross revenues of less than $40 subscription services, OVS falls within Instructional Television Fixed Service million in the three previous calendar the SBA-recognized definition of cable (‘‘ITFS’’) and Local Multipoint years. An additional classification for and other program distribution services. Distribution Service (‘‘LMDS’’). MMDS ‘‘very small business’’ was added and is This definition provides that a small systems, often referred to as ‘‘wireless defined as an entity that, together with entity is one with $12.5 million or less cable,’’ transmit video programming to its affiliates, has average gross revenues in annual receipts. The Commission has subscribers using the microwave of not more than $15 million for the certified 25 OVS operators with some frequencies of the MDS and ITFS. LMDS preceding calendar years. These now providing service. Affiliates of is a fixed broadband point-to-multipoint regulations defining ‘‘small entity’’ in Residential Communications Network, microwave service that provides for the context of LMDS auctions have been Inc. (‘‘RCN’’) received approval to two-way video telecommunications. approved by the SBA. There were 93 operate OVS systems in New York City, 192. In connection with the 1996 winning bidders that qualified as small Boston, Washington, DC and other MDS auction, the Commission defined entities in the LMDS auctions. A total of areas. RCN has sufficient revenues to small businesses as entities that had an 93 small and very small business assure us that they do not qualify as annual average gross revenues of less bidders won approximately 277 A Block small business entities. Little financial than $40 million in the previous three licenses and 387 B Block licenses. On information is available for the other calendar years. This definition of a March 27, 1999, the Commission re- entities authorized to provide OVS that small entity in the context of MDS auctioned 161 licenses; there were 40 are not yet operational. Given that other auctions has been approved by the SBA. winning bidders. Based on this entities have been authorized to provide The MDS auctions resulted in 67 information, we conclude that the OVS service but have not yet begun to successful bidders obtaining licensing number of small LMDS licenses will generate revenues, we conclude that at opportunities for 493 Basic Trading include the 93 winning bidders in the least some of the OVS operators qualify Areas (‘‘BTAs’’). Of the 67 auction first auction and the 40 winning bidders as small entities.

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198. Daily newspapers. The SBA NPRM invites comment on a number of These principles are of particular import defines a newspaper publisher with less alternatives to retain, modify, or to small entities. Thus, we seek than 500 employees as a small business. eliminate the individual ownership comment to promote on the general According to the 1997 Economic rules. The Commission will also advantages and disadvantages of relying Census, 8,620 of 8758 newspaper consider additional significant on our current ownership rules to publishers had less than 500 employees. alternatives developed in the record. promote the public interest versus The data does not distinguish between 202. In this context, we highlight developing a single local ownership rule newspaper publishers that publish daily certain aspects of this NPRM in which or conducting a case-by-case analysis. and those that publish less frequently, we have asked commenters to discuss 206. In addition to seeking to foster and the latter are more likely to be small alternative means of achieving our the policy goals discussed, the businesses than the former because of goals. Parties’ discussions of alternatives Commission has historically used the the greater expense to publish daily. that are in their submitted comments ownership rules to foster ownership by The newspaper/broadcast cross- will be fully considered in our diverse groups, such as minorities, ownership rule applies only to daily evaluation of whether to retain, modify women and small businesses. In the newspapers. It is likely that not all of or eliminate our media ownership rules. context of this comprehensive review of the 8,620 small newspaper publishers 203. Our local ownership rules our ownership rules, we invite comment are affected by the current rule. include the newspaper/broadcast cross- on whether we should consider such D. Description of Projected Reporting, ownership rule, the radio/TV cross- diverse ownership as a goal in this Recordkeeping, and Other Compliance ownership rule, the local radio proceeding. If so, how should we Requirements ownership rule, and the local TV accommodate or seek to foster that goal? multiple ownership rule. These rules In addition, we invite comment as to 199. We anticipate that none of the are interrelated. Each is intended to our legal authority to adopt measures to proposals presented in the NPRM will foster competition and diversity in the foster that goal. result in an increase to the reporting and local media marketplace. One approach recordkeeping requirements of F. Federal Rules That May Duplicate, under consideration is to consider these broadcast stations, newspapers, or cable Overlap, or Conflict With the Proposed rules collectively and thus adopt a television stations. However, one Rules single rule that would foster diversity, alternative available to the Commission competition, and localism. An None. in this NPRM is retention of the current alternative option is to retain the current rules. IX. Ordering Clauses regulatory scheme, in which we apply E. Steps Taken To Minimize Significant individual, media-specific local 207. Pursuant to sections 1, 2(a), 4(i), Impact on Small Entities, and ownership rules. We ask for comment 303, 307, 309, and 310 of the Significant Alternatives Considered on how best to choose among these or Communications Act of 1934, as 200. The RFA requires an agency to other alternatives. amended, 47 U.S.C. 151, 152(a), 154(i), describe any significant alternatives that 204. We also ask about alternative 303, 307, 309, and 310, and section it has considered in reaching its approaches to identifying and weighting 202(h) of the Telecommunications Act proposed approach, which may include ‘‘voices’’ if the Commission adopts a of 1996, this NPRM. the following four alternatives (among new ‘‘voice’’ test. Should the 208. The Commission’s Consumer and others): (1) The establishment of Commission develop a new ‘‘voice’’ test, Governmental Affairs Bureau, Reference differing compliance or reporting according weights to different outlet Information Center, shall send a copy of requirements or timetables that take into types, or considering factors such as this NPRM, including the Initial account the resources available to small audience reach, ownership structure, Regulatory Flexibility Analysis, to the entities; (2) the clarification, percentage of programming or print Chief Counsel for Advocacy of the Small consolidation, or simplification of content devoted to local news, and/or Business Administration. consumer use patterns? Should the compliance or reporting requirements List of Subjects in 47 CFR Part 73 under the rule for small entities; (3) the Commission consider an alternative that use of performance, rather than design, would count, or not count, certain types Radio, Television broadcasting. standards; and (4) an exemption from of media outlets as a ‘‘voice’’? Federal Communications Commission. coverage of the rule, or any part thereof, 205. In this NPRM, the Commission for small entities. explores the underpinnings of three Marlene H. Dortch, 201. We are directed under law to principles underlying the regulation of Secretary. consider alternatives, including the broadcast industry, namely [FR Doc. 02–27311 Filed 10–25–02; 8:45 am] alternatives not explicitly listed. This diversity, competition and localism. BILLING CODE 6412–01–P

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Notices Federal Register Vol. 67, No. 208

Monday, October 28, 2002

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE or enforcement program. The Federal contains documents other than rules or agencies; Food and Drug proposed rules that are applicable to the Agricultural Marketing Service Administration, Centers of Disease public. Notices of hearings and investigations, Control and Prevention, USDA’s committee meetings, agency decisions and [Docket No. ST–02–05] rulings, delegations of authority, filing of National Agricultural Statistical Service, petitions and applications and agency Microbiological Data Program; Public as well as 10 State Departments of statements of organization and functions are Meeting Agriculture, industry and academia examples of documents appearing in this AGENCY: have provided assistance and section. Agricultural Marketing Service, USDA. information in formulating program policy and operating procedures. The ACTION: Notice of public meeting. program is being conducted under the JOINT BOARD FOR THE SUMMARY: The purpose of this notice is authority of the Agricultural Marketing ENROLLMENT OF ACTUARIES to notify all interested persons that the Act of 1946 (7 U.S.C. 1621 et seq.). Renewal of Advisory Committee on USDA Agricultural Marketing Service AMS is hereby giving notice of a (AMS) will hold a public meeting to Actuarial Examinations public meeting, scheduled for discuss the Microbiological Data Wednesday, November 20, 2002, in Program (MDP). Specifically, AMS will AGENCY: Joint Board for the Enrollment order to keep all interested persons discuss the current status of the program of Actuaries. advised of the current status of the and invite comment and input regarding program and invite comment and input ACTION: Renewal of Advisory the MDP activities to date. This notice regarding the MDP activities to date. Committee. also sets forth the schedule and The public meeting will begin at 1 p.m. proposed agenda for the meeting. and is scheduled to end at 4 p.m. It will SUMMARY: DATES: The public meeting will be held The Joint Board for the be held at the Hilton Garden Inn, on Wednesday, November 20, 2002, Enrollment of Actuaries announces the Georgetown meeting room, 815–14th from 1 to 4 p.m. renewal of the Advisory Committee on Street, NW., Washington, DC 20005. Actuarial Examinations. ADDRESSES: The public meeting will be held at the Hilton Garden Inn, Those parties who wish to speak at FOR FURTHER INFORMATION CONTACT: Georgetown meeting room, 815–14th the meeting should register on or before Gloria Walker, Management/Program Street, NW., Washington, DC 20005. November 13, 2002 to speak, please e- Analyst, 202–694–1854. FOR FURTHER INFORMATION CONTACT: mail [email protected], or SUPPLEMENTARY INFORMATION: The Martha Lamont, Monitoring Programs send a fax to Martha Lamont at (703) purpose of the Committee is to advise Office, Science and Technology 330–2300, Ext 17. Registrants should the Joint Board on examinations in Programs, Agricultural Marketing include their name, address, and actuarial mathematics and methodology. Service, United States Department of daytime telephone number. Depending The Joint Board administers such Agriculture, 8609 Sudley Road, on the number of registered speakers, examinations in discharging its Manassas, Virginia, 20110–8411. time limits may be imposed on statutory mandate to enroll individuals Telephone number (703) 330–2300, Ext speakers, and speakers who have who wish to perform actuarial services 17 or fax (703) 369–0678. registered in advance will be given with respect to pension plans subject to SUPPLEMENTARY INFORMATION: In the past priority if time is limited. the Employee Retirement Income several years the number of foodborne The proposed agenda for the meeting Security Act of 1974. The Committee’s illness associated with domestic and will include discussions of: (1) MDP advisory functions will include, but will imported fresh fruits and vegetables has overview and current status, (2) MDP not necessarily be limited to: (1) increased. Some microorganisms once sampling and testing methodology, (3) Considering areas of actuarial thought under control may be adapting MDP Annual Summary Calendar Year knowledge that should be treated on the to their environments, may be 2002, and (4) recommendations and examinations; (2) developing developing resistance to conventional concerns. food processing operations, and may be examination questions; (3) re-emerging with increased Registration upon arrival is necessary recommending proposed examinations pathogenicity. To respond to these for all participants, including those who and pass marks; and (4), as requested by concerns, Congress authorized an have registered to speak in advance. the Joint Board, making appropriation of $6.234 million for FY Speakers should provide one original recommendations relative to the 2002 to fund a microbiological and two copies of their presentation at examination program. monitoring program for foodborne registration. A registration desk will be Dated: October 11, 2002. pathogens and indicator organisms on located outside the meeting room. If you require special accommodations, such Paulette Tino, domestic and imported fruits and vegetables. The program is designed to as a sign language interpreter, please Chairman, Joint Board for the Enrollment of contact the person listed under FOR Actuaries. collect reliable data and develop national estimates of bacterial FURTHER INFORMATION CONTACT. The [FR Doc. 02–27044 Filed 10–25–02; 8:45 am] contamination with regard to selected meeting will be recorded, and BILLING CODE 4830–01–P produce. The MDP is a voluntary data information about obtaining a transcript gathering program and not a regulatory will be provided at the meeting.

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Dated: October 22, 2002. outline long-term goals and objectives United States is available at http:// A.J. Yates, that will help guide the agency’s current www2.srs.fs.fed.us/2003/2003.htm, the Administrator, Agricultural Marketing actions and future plans. In the past, the Web site for the draft National Report on Service. Forest Service has found that public Sustainable Forests. In addition, it is [FR Doc. 02–27306 Filed 10–25–02; 8:45 am] comment has been helpful in anticipated that the 2003 update of the BILLING CODE 3410–02–P developing the strategic plan and its Forest Service Strategic Plan will be subsequent updates. This notice, available for public comment in spring therefore, announces the opportunity for 2003. DEPARTMENT OF AGRICULTURE the public to review the agency’s Dated: October 18, 2002. current strategic plan and to recommend Sally D. Collins, Forest Service changes that should be included in the draft 2003 update. Associate Chief. Notice of Mineral County Resource [FR Doc. 02–27333 Filed 10–25–02; 8:45 am] DATES: Comments must be received, in Advisory Committee Meeting writing, on or before December 30, 2002. BILLING CODE 3410–11–P AGENCY: Forest Service, USDA. ADDRESSES: Send written comments for ACTION: Notice of meeting. the draft 2003 update of the strategic DEPARTMENT OF AGRICULTURE plan to the Director, Strategic Planning SUMMARY: Pursuant to the authorities in and Resource Assessment Staff, via U.S. Natural Resources Conservation the Federal Advisory Committee Act Postal Service to Forest Service, USDA, Service (Public Law 92–463) and under the Mail Stop 1129, 1400 Independence Secure Rural Schools and Community Ave., SW, Washington, DC 20250–1129; AGENCY: Natural Resources Self-Determination Act of 2000 (Public via email to [email protected]; or via Conservation Service, USDA. Law 106–393) the Lolo National Forest’s facsimile to (703) 605–4199. The public ACTION: Notice of meeting. Mineral County Resource Advisory may inspect comments received on this Committee will meet on November 12 at notice in the office of the Director of SUMMARY: The Natural Resources 6 p.m. until 8 p.m. in Superior, Montana Strategic Planning and Resource Conservation Service (NRCS) will hold for a business meeting. The meeting is Assessment, Sixth Floor, Rosslyn Plaza, a Farm Bill 2002 National Technical open to the public. Building E, 1621 North Kent Street, Service Provider Summit entitled DATES: November 12, 2002. Arlington, VA 22209. Persons wishing ‘‘Expanding the Capabilities of Conservation Service on Private Lands.’’ ADDRESSES: The meeting will be held at to inspect the comments are encouraged to call ahead at (703) 605–4488 to The purpose of this event is to initiate the Mineral County Courthouse, 300 a Departmental dialogue with potential River Street, Superior, MT 59872. facilitate entrance into the building. FOR FURTHER INFORMATION CONTACT: technical service providers. The Summit FOR FURTHER INFORMATION CONTACT: is open to the public. Robert Harper, Designated Forest Nancy Osborne, Strategic Planning and DATES: The Summit will convene Official (DFO), District Ranger, Superior Resource Assessment Staff, (703) 605– 4488; or via email at [email protected]. Thursday, November 7, 2002. District, Lolo National Forest at (406) Registration will start at 8 a.m., followed 822–4233. Additional information concerning the strategic plan, including the current by a panel session. The afternoon SUPPLEMENTARY INFORMATION: Agenda plan, may be obtained on the Internet at listening session will continue until 4 topics for this meeting include http://www.fs.fed.us/plan. p.m., with opportunities for statements establishing operating guidelines, and SUPPLEMENTARY INFORMATION: The intent on ways to successfully implement a discussion about funding projects. If the Technical Service Provider Process. meeting location is changed, notice will of the strategic plan is to outline long- ADDRESSES: The Summit will be held at be posted in local newspapers, term goals and objectives that will help the Jefferson Auditorium of the including the Mineral Independent and guide the agency’s current actions and Department of Agriculture’s (USDA) the Missoulian. future plans. Management strategies are identified under each objective that South Building, 1400 Independence Dated: October 17, 2002. provide key approaches to be used to Ave., SW., Washington, DC. Participants Robert Harper, achieve the stated goals and objectives. should enter the building through the Designated Federal Official, District Ranger, The draft 2003 update of the strategic 5th wing entrance of the South Superior Ranger District. plan will be developed using the Building, located on the corner of [FR Doc. 02–27313 Filed 10–25–02; 8:45 am] Montreal Process Criteria and Indicators Independence Avenue and 14th Street. BILLING CODE 3410–11–M for forest conservation and sustainable Participants should note that in order to management as a framework for access the building, they must bring identifying goals, objectives, and trend valid photo identification and allow for DEPARTMENT OF AGRICULTURE indicators focused on the agency time to be checked in at the security mission of sustainable resource station. Weapons of any type, including Forest Service management. Three goals are envisioned protective sprays, are prohibited in the building. Requests to make statements Forest Service Strategic Plan (2003 for the draft 2003 update of the strategic should be sent to Marilou Flores, Update) plan: (1) Sustaining ecosystem health, diversity, and productivity of national USDA/NRCS Technical Service AGENCY: Forest Service, USDA. forests and grasslands, (2) providing the Provider Group. Speakers will be ACTION: Notice. American people with a sustainable limited to three minutes. Written flow of goods and services, and (3) statements will also be accepted, and SUMMARY: Pursuant to the Government maintaining organizational capacity to should be addressed to Melissa M. Performance and Results Act of 1993, deliver effective public service. Hammond, Group Leader, Technical the Forest Service will be updating its More information on the Montreal Service Provider Group, USDA/Natural strategic plan over the next twelve Process Criteria and Indicators and on Resources Conservation Service, months. The purpose of this plan is to current trends in the indicators for the Washington, DC. Elements for which

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potential private and public technical DEPARTMENT OF COMMERCE The Applicable Statute service providers may provide Unless otherwise indicated, all International Trade Administration statements include: citations to the Tariff Act of 1930, as • Technical Service Provider Process. amended (‘‘the Act’’), are references to [A–570–846] • Payment Process. the provisions effective January 1, 1995, the effective date of the amendments • Payment Rates. Brake Rotors From the People’s made to the Act by the Uruguay Round • Certification. Republic of China: Final Results and Agreements Act (‘‘URAA’’). In addition, Partial Rescission of the Fourth • Decertification. unless otherwise indicated, all citations Antidumping Duty Administrative to the Department of Commerce’s (‘‘the • Quality Assurance Process. Review Department’s’’) regulations are to 19 • Training. AGENCY: Import Administration, CFR Part 351 (2001). • Liability. International Trade Administration, Background Department of Commerce. • Competition. On January 4, 2002, the Department ACTION: Notice of final results and published in the Federal Register the FOR FURTHER INFORMATION CONTACT: partial rescission of fourth antidumping preliminary results, preliminary partial Marilou Flores, Management Analyst, duty administrative review. USDA/NRCS Technical Service rescission, and postponement of final results of the fourth antidumping duty Provider Group; telephone: (202) 720– SUMMARY: On January 4, 2002, the administrative review of the 0427; fax: (202) 720–3052; e-mail: Department of Commerce published the antidumping duty order on brake rotors [email protected]. preliminary results, partial rescission from the People’s Republic of China and postponement of the fourth SUPPLEMENTARY INFORMATION: This (‘‘PRC’’) (67 FR 557). antidumping duty administrative review On January 14, 2002, the petitioner1 summit will also be broadcast nationally of the antidumping duty order on brake as a live satellite telecast available requested the Department to reconsider rotors from the People’s Republic of its decision not to conduct verification through satellite downlink and web China. See Brake Rotors from the streaming. Additional information about of Qingdao Gren (Group) Co. (‘‘Gren’’) People’s Republic of China: Preliminary based on the argument that it submitted this summit that occurs after this Results, Preliminary Partial Rescission, Federal Register notice is published, a timely request for that company to be and Postponement of Final Results of verified and that there was good cause may be found on the World Wide Web the Fourth Antidumping Duty at http://www.nrcs.usda.gov/. to verify Gren’s data based on the Administrative Review, 67 FR 557 concerns raised in its letter. On January Information on Services for (January 4, 2002) (Preliminary Results). 24, 2002, we informed the petitioner’s Individuals With Disabilities: For This administrative review examines six counsel that it would not be possible to information on facilities, or services for PRC companies (i.e., one exporter conduction verification of Gren’s individuals with disabilities, or to whose entries are all subject to the submitted data in this review because request special assistance at the antidumping duty order and five (1) a verification of Gren’s data was not Summit, contact Marilou Flores. exporters included in three exporter/ statutorily required; (2) the petitioner USDA prohibits discrimination in its producer combinations for which only did not sufficiently demonstrate that programs and activities on the basis of certain entries are subject to the good cause existed for verifying Gren’s race, color, national origin, gender, antidumping duty order) (see data; and (3) in the absence of good religion, age, sexual orientation, or ‘‘Background’’ section below for further cause, the Department’s team assigned disability. Statutes enforced by USDA discussion). The period of review is to this case did not have the resources also prohibit discrimination on the basis April 1, 2000, through March 31, 2001. to verify any additional companies other of political beliefs and marital or family We gave interested parties an than those companies it had already status (not all prohibited bases apply to opportunity to comment on our selected for verification (see all programs). Persons with disabilities preliminary results. Memorandum dated January 24, 2002, who require alternate means for Based on the use of additional from Irene Darzenta Tzafolias, Program communication or program information publicly available information and the Manager, to the File). (Braille, large print, audio tape, etc.) comments received from the interested On March 2, 2002, the Department should contact USDA’s Target Center at parties, we have made two changes to provided a verification outline to certain (202) 720–2000 (voice and TDD). the margin calculation for the sole respondents2 selected for verification respondent in the administrative review To file a complaint of discrimination for which we calculated an antidumping 1 The petitioner is the Coalition for the to USDA, write to the Director, Office of duty margin. The final weighted-average Preservation of American Brake Drum and Rotor Civil Rights, Room 326–W, Whitten dumping margin for the reviewed firm Aftermarket Manufacturers. Building, 1400 Independence Avenue, in the administrative review is listed 2 The respondents in this review are Gren and the SW., Washington, DC 20250–9410; or following three exporters/producer combinations below in the section entitled ‘‘Final (which are excluded from the order on brake rotors call (202) 720–5964 (voice and TDD). Results of Administrative Review.’’ only with respect to brake rotors sold through those The USDA is an equal opportunity EFFECTIVE DATE: October 28, 2002. combinations): (1) China National Automobile provider and employer. Industry Import & Export Corporation (‘‘CAIEC’’) or FOR FURTHER INFORMATION CONTACT: Laizhou CAPCO Machinery Co., Ltd. (‘‘Laizhou Signed in Washington, DC on October 21, Brian Smith or Terre Keaton, Import CAPCO’’)/Laizhou CAPCO; (2) Shenyang Honbase 2002. Machinery Co., Ltd. (‘‘Shenyang Honbase’’) or Administration, International Trade Laizhou Luyuan Automobile Fittings Co., Ltd. Thomas A. Weber, Administration, U.S. Department of (‘‘Laizhou Luyuan’’)/Shenyang Honbase or Laizhou Associate Chief, Natural Resources Commerce, Washington, D.C. 20230; Luyuan; and (3) China National Machinery and Conservation Service. telephone: (202) 482–1766 or (202) 482– Equipment Import & Export (Xinjiang) Co., Ltd. 1280, respectively. (‘‘Xinjiang’’)/Zibo Botai Manufacturing Co., Ltd. [FR Doc. 02–27298 Filed 10–25–02; 8:45 am] (‘‘Zibo’’). BILLING CODE 3410–16–P SUPPLEMENTARY INFORMATION: Continued

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(i.e., four of the five exporters included producers of vehicles sold in the United each of those selected entries made by in the three exporter/producer States. The scope also includes the exporters at issue to determine the combinations and as discussed in the composite brake rotors that are made of manufacturer of the merchandise. To Preliminary Results at 67 FR 558). On gray cast iron, which contain a steel check further the accuracy of the data March 7, 2002, the petitioner provided plate, but otherwise meet the above for those entries, we conducted verification comments. From March 14 criteria. Excluded from the scope of this verification of the entry data selected for through April 2, 2002, the Department order are brake rotors made of gray cast four of the five exporters included in the conducted its verification of data iron, whether finished, semifinished, or three exporter/producer combinations. obtained for certain U.S. entries of brake unfinished, with a diameter less than 8 At verification, we examined all rotors from four of the five exporters inches or greater than 16 inches (less documentation (i.e., bills of lading, included in the three exporter/producer than 20.32 centimeters or greater than invoices, payment documentation, combinations, in accordance with 19 40.64 centimeters) and a weight less production orders, etc.) pertaining to the CFR 351.307. than 8 pounds or greater than 45 pounds entry data for those companies. See On April 16, 2002, the Department (less than 3.63 kilograms or greater than verification reports for CAIEC and placed on the record certain publicly 20.41 kilograms). Laizhou CAPCO dated April 26, 2002, available information for consideration Brake rotors are classifiable under and verification reports for Laizhou in the final results (see April 16, 2002, subheading 8708.39.5010 of the Luyuan and Shenyang Honbase dated letter with attachment from Katherine Harmonized Tariff Schedule of the May 2, 2002, for additional discussion. Johnson, Acting Program Manager, to United States (‘‘HTSUS’’). Although the Therefore, based on the data each interested party). HTSUS subheading is provided for contained on the record for all 25 On April 26, and May 2, 2002, the convenience and customs purposes, our entries from our data query results and Department issued its verification written description of the scope of this our findings with respect to these and reports. The petitioner submitted its order is dispositive. other entries selected at verification, we found no evidence that any of the case brief on June 14, 2002. The Partial Rescission of Review respondents collectively submitted their exporter/producer combinations which rebuttal brief on June 21, 2002. Pursuant to 19 CFR 351.213(d)(3), we are the subject of this administrative The Department has conducted these have determined that, during the period review made shipments of subject reviews in accordance with section 751 of review (‘‘POR’’), the exporters which merchandise during the POR. (See of the Act. are part of the three exporter/producer ‘‘Issues and Decision Memorandum’’ combinations which received zero rates from Richard W. Moreland, Deputy Scope of the Order in the less-than-fair-value (‘‘LTFV’’) Assistant Secretary for Import The products covered by this order investigation did not make shipments of Administration, to Faryar Shirzad, are brake rotors made of gray cast iron, subject merchandise to the United Assistant Secretary for Import whether finished, semifinished, or States during the POR. Specifically, we Administration, dated October 21, 2002 unfinished, ranging in diameter from 8 have determined that during the POR, (Comments 1 through 4 and 6).) to 16 inches (20.32 to 40.64 centimeters) (1) neither CAIEC nor Laizhou CAPCO Therefore, we are rescinding this review and in weight from 8 to 45 pounds (3.63 exported brake rotors to the United with respect to CAIEC, Laizhou CAPCO, to 20.41 kilograms). The size parameters States that were manufactured by Shenyang Honbase, Laizhou Luyuan, (weight and dimension) of the brake producers other than Laizhou CAPCO; and Xinjiang. rotors limit their use to the following (2) neither Shenyang Honbase nor Since the preliminary results, we have types of motor vehicles: automobiles, Laizhou Luyuan exported brake rotors also examined whether any exporter/ all-terrain vehicles, vans and to the United States that were producer combinations in this review recreational vehicles under ‘‘one ton manufactured by producers other than underwent changes in ownership and, if and a half,’’ and light trucks designated Shenyang Honbase or Laizhou Luyuan; so, whether there are changed as ‘‘one ton and a half.’’ and (3) Xinjiang did not export brake circumstances which would affect their Finished brake rotors are those that rotors to the United States that were order exclusion status. As a result of are ready for sale and installation manufactured by producers other than verification findings, although we did without any further operations. Semi- Zibo. find that there had been changes in finished rotors are those on which the In order to make this determination, ownership since the LTFV investigation surface is not entirely smooth, and have we first examined POR-subject with respect to Laizhou Luyuan, undergone some drilling. Unfinished merchandise shipment data furnished Laizhou CAPCO, and CAIEC, we found rotors are those which have undergone by the Customs Service by performing a no evidence that the change in some grinding or turning. data query. Because the data from our ownership in each of these companies These brake rotors are for motor initial query was voluminous, we affects their exclusion status. vehicles, and do not contain in the randomly selected 25 entries (i.e., five With respect to Laizhou Luyuan, casting a logo of an original equipment entries per company) from the data another company purchased a manufacturer (‘‘OEM’’) which produces query results for further examination by significant portion of it after the LTFV vehicles sold in the United States (e.g., the Customs Service (see Memorandum investigation. At verification, we General Motors, Ford, Chrysler, Honda, dated October 2, 2001, from Brian C. thoroughly examined the facts behind Toyota, Volvo). Brake rotors covered in Smith, Team Leader, to the File, titled, that other company’s investment in this order are not certified by OEM ‘‘Request for Assistance: Shipments of Laizhou Luyuan, and whether it was Brake Rotors from the People’s Republic exporting through Laizhou Luyuan As stated in the Preliminary Results, we selected of China Manufactured and/or Exported brake rotors to the U.S. market. CAIEC, Laizhou CAPCO, Shenyang Honbase, By Five PRC Companies During the In addition, in order to determine Laizhou Luyuan, and a company related to Laizhou Period April 1, 2000, Through March whether these two companies should be Luyuan for verification. We did not select Gren for 31, 2001’’). treated as one entity, we examined the verification because we did not find good cause had been demonstrated with respect to this company Specifically, we requested the extent to which the export operations of and verification of this company was not statutorily Customs Service to examine further the Laizhou Luyuan and this other company required (see 67 FR at 558). documentation filed at the U.S. port for were intertwined and whether this

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relationship has significant potential for website to value skilled, unskilled and cash deposit rate for non-PRC exporters the manipulation of pricing, export, and packing labor. of subject merchandise from the PRC production decisions pertaining to the will be the rate applicable to the PRC Final Results of Review subject merchandise. Based on our supplier of that exporter. These deposit verification findings, we find that the We determine that the following requirements shall remain in effect until export activities of Laizhou Luyuan and weighted-average margin percentage publication of the final results of the the company that purchased a exists for the period April 1, 2000, next administrative review. significant portion of Laizhou Luyuan through March 31, 2001: This notice also serves as a final are sufficiently separate even though reminder to importers of their common ownership does exist. Exporter Margin (percent) responsibility under 19 CFR Specifically, based on our verification Qingdao Gren (Group) 351.402(f)(2) to file a certificate findings, we determine that Laizhou Co...... 0.02 (de minimis) regarding the reimbursement of Luyuan has not significantly changed its antidumping duties prior to liquidation (1) management, (2) production Assessment Rates of the relevant entries during this facilities, (3) supplier relationships, or review period. Failure to comply with (4) customer base as a result of its The Department will determine, and this requirement could result in the the Customs Service shall assess, purchase by the other company (see Secretary’s presumption that antidumping duties on all appropriate Laizhou Luyuan’s April 26, 2002, reimbursement of antidumping duties entries. In accordance with 19 CFR verification report). Thus, we find that occurred and the subsequent assessment 351.212(b)(1), we have calculated the export operations of Laizhou of doubled antidumping duties. Luyuan and the other company are importer-specific ad valorem duty assessment rates for merchandise This notice also serves as the only sufficiently separate from one another reminder to parties subject to such that there is no significant subject to this review. In accordance with 19 CFR 351.106(c)(2), we will administrative protective orders (APO) potential for manipulation of pricing, of their responsibility concerning the export, or production decisions. instruct the Customs Service to liquidate without regard to antidumping return or destruction of proprietary Finally, after examining both information disclosed under APO in companies’ records at verification we duties all entries of subject merchandise during the POR from Gren for which the accordance with 19 CFR 351.305. found no instance that the other Timely written notification of the company is exporting Laizhou Luyuan- importer-specific assessment rate is zero or de minimis (i.e., less than 0.50 return/destruction of APO materials or made brake rotors to the U.S. market or conversion to judicial protective order is that Laizhou Luyuan is exporting brake percent). The Department will issue appropriate assessment instructions hereby requested. Failure to comply rotors sourced through the other with the regulations and terms of an company. directly to the Customs Service within 15 days of publication of these final APO is a violation which is subject to Analysis of Comments Received results of review. We will direct the sanction. All issues raised in the case briefs are Customs Service to assess the resulting We are issuing and publishing this addressed in the Decision Memo, which percentage margin against the entered determination and notice in accordance is hereby adopted by this notice. A list Customs values for the subject with sections section 751(a)(1) and of the issues raised, all of which are in merchandise on each of that importer’s 777(i) of the Act and 19 CFR 351.213. the Decision Memo, is attached to this entries during the review period. For Dated: October 21, 2002. notice as an Appendix. Parties can find entries made by PRC companies for Faryar Shirzad, a complete discussion of all issues which the Department has rescinded the Assistant Secretary for Import raised in the briefs and the administrative review (i.e., the exporter/ Administration. corresponding recommendations in this producer combinations listed in the Appendix--Issues in Decision Memo public memorandum which is on file in ‘‘Background’’ section of this notice), the Central Records Unit, room B–099 of the Customs Service shall continue not Comments to assess ad valorem duties on those the main Department building. In 1. Whether the Sampling Technique and addition, a complete version of the entries made by those exporter/producer combinations. Method Used for Collecting Data in this Decision Memo can be accessed directly Review Violated the Petitioners’ Rights on the Web at http://ia.ita.doc.gov. The Cash Deposit Requirements of Due Process paper copy and electronic version of the 2. Whether to Reverse the Preliminary Decision Memo are identical in content. The following deposit rates shall be required for merchandise subject to the Results With Respect to the Exporter/ Changes Since the Preliminary Results order entered, or withdrawn from Producer Combinations After the use of additional publicly warehouse, for consumption on or after 3. Whether the Exporter/Producer available information and the comments the publication date of these final Combinations Excluded from the Order received from the interested parties, we results, as provided by section 751(a)(1) Violated the Exclusion Conditions made two changes to Gren’s margin of the Act: (1) the cash deposit rate for Based on Examination of Selected U.S. calculation. Gren will be the rate indicated above; Brake Rotor Entries during the Period of 1. To value selling, general, and (2) the cash deposit rate for PRC Review administrative expenses, factory exporters who received a separate rate 4. Whether Two Companies Failed the overhead and profit, we used the 1998 in a prior segment of the proceeding, but Verification Process Based on the financial data of Jayaswals Neco for whom the Department has rescinded Verification Findings and Documents Limited, the 1998–1999 financial data of the review or of whom the review was Obtained From Verification Rico Auto Industries Limited, and the not requested for this POR will continue 5. Whether Certain Data Obtained from 2000–2001 financial data of Kalyani to be the rate assigned in that segment Verification Were Illegible Brakes Limited. of the proceeding; (3) the cash deposit 6. Whether the Change in Ownership 2. We used the updated value from the rate for all other PRC exporters will Warrants Assigning Laizhou Luyuan the International Trade Administration continue to be 43.32 percent; and (4) the PRC-Wide Rate

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7. Whether We Should Have Conducted Scope of the Order dated July 24, 2002, available in the Verification of Gren’s Data The products covered by this Central Records Units (CRU), Room B– [FR Doc. 02–27393 Filed 10–25–02; 8:45 am] antidumping duty order are all grades of 099 of the main Department of BILLING CODE 3510–DS–S garlic, whole or separated into Commerce Building. In the notice we constituent cloves, whether or not invited interested parties to comment on peeled, fresh, chilled, frozen, our preliminary results. On August 15, 2002, Shandong Heze DEPARTMENT OF COMMERCE provisionally preserved, or packed in filed a case brief addressing issues water or other neutral substance, but not International Trade Administration raised in the Department’s preliminary prepared or preserved by the addition of results of review, and the petitioner [A–570–831] other ingredients or heat processing. filed rebuttal comments on August 21, The differences between grades are 2002. Subsequent to our receipt of the Fresh Garlic From the People’s based on color, size, sheathing, and Republic of China: Partial Rescisson of case brief, we identified an additional level of decay. deficiency in Shandong Heze’s reporting Antidumping Duty New Shipper The scope of this order does not Review and, on September 19, 2002, we include the following: (a) Garlic that has released for comment the draft decision been mechanically harvested and that is AGENCY: Import Administration, memorandum in which we identified primarily, but not exclusively, destined International Trade Administration, the deficiency. See Shandong Heze for non-fresh use; or (b) garlic that has Department of Commerce. International Trade and Developing been specially prepared and cultivated Company—Recission of New Shipper ACTION: Notice of partial rescission of prior to planting and then harvested and the antidumping duty new shipper Review Due to Lack of Required otherwise prepared for use as seed. Certification, dated September 19, 2002, review of fresh garlic from the People’s The subject merchandise is used Republic of China. available in CRU. We did not receive principally as a food product and for any comments from either party by the seasoning. The subject garlic is SUMMARY: On July 31, 2002, the due date we established. Therefore, the Department of Commerce published the currently classifiable under subheading analysis we proposed in that preliminary results of the new shipper 0703.20.0010, 0703.20.0020 memorandum remains unchanged. 0703.20.0090, 0710.80.7060, review of the antidumping duty order Rescission of Review on fresh garlic from the People’s 0710.80.9750, 0711.90.6000, and Republic of China. The review covers 2005.90.9700 of the Harmonized Tariff The Department’s regulations at 19 Jinan Yipin Corporation, Ltd., and Schedule of the United States (HTSUS). CFR 351.214(b)(2)(ii) state that, if the Shandong Heze International Trade and Although the HTSUS subheadings are company requesting the review is the Developing Company. The period of provided for convenience and customs exporter but not the producer of the review is November 1, 2000, through purposes, our written description of the subject merchandise, then the request October 31, 2001. For the reasons scope of this order is dispositive. In from this company must contain: (1) A discussed below, we are rescinding the order to be excluded from the certification that the company did not review of Shandong Heze International antidumping duty order, garlic entered export subject merchandise to the Trade and Developing Company.1 under the HTSUS subheadings listed United States during the period of above that is (1) mechanically harvested investigation (POI), and (2) a EFFECTIVE DATE: October 28, 2002. and primarily, but not exclusively, certification from the person or FOR FURTHER INFORMATION CONTACT: destined for non-fresh use or (2) company that produced or supplied the Brian Ellman or Mark Ross, Office of specially prepared and cultivated prior subject merchandise to the company AD/CVD Enforcement 3, Import to planting and then harvested and requesting the review that the producer Administration, International Trade otherwise prepared for use as seed must or supplier did not export the subject Administration, U.S. Department of be accompanied by declarations to the merchandise to the United States during Commerce, 14th Street and Constitution Customs Service to that effect. the POI. Shandong Heze did not supply Avenue, NW., Washington, DC 20230; Background the Department with the certifications telephone: (202) 482–4852 and (202) required in a new shipper review under 482–4794, respectively. On July 31, 2002, we published in the 351.214(b)(2)(ii)(B) of the Department’s SUPPLEMENTARY INFORMATION: Federal Register the notice of regulations. As discussed above, the preliminary results of the new shipper Department released to the parties for The Applicable Statute and Regulations review of the antidumping duty order comment a draft decision memorandum Unless otherwise indicated, all on fresh garlic from the People’s in which it identified the deficiency citations to the Tariff Act of 1930, as Republic of China (PRC), in which we and, in the memorandum, a prompt amended (the Act), are references to the indicated our intent to rescind the rescission of the review of Shandong provisions effective January 1, 1995, the review of Shandong Heze International Heze was recommended. As indicated effective date of the amendments made Trade and Developing Company above, we did not receive any comments to the Act by the Uruguay Round (Shandong Heze) based on lack of on this issue. Therefore, we find it Agreements Act. In addition, unless evidence supporting Shandong Heze’s appropriate to rescind the new shipper otherwise indicated, all citations to the entitlement to a separate rate from the review of Shandong Heze based on its Department of Commerce’s (the PRC-wide entity. See Fresh Garlic from failure, despite multiple opportunities, Department’s) regulations are to 19 CFR the People’s Republic of China: to provide the proper certifications part 351 (April 2001). Preliminary Results of Antidumping pursuant to 19 CFR 351.214(b)(2)(ii). Duty New Shipper Review and Intent to 1 We are also conducting a new shipper review of Rescind in Part, 67 FR 49669 (July 31, Analysis of Comments Received the antidumping duty order on fresh garlic from the 2002); see also Shandong Heze Because the Department is rescinding People’s Republic of China for Jinan Yipin Corporation, Ltd. On October 22, 2002, we issued International Trade and Developing this review based on Shandong Heze’s a notice extending the final results of that new Company—Separate Rates Analysis and failure to provide the proper shipper review. Deficient Submissions Memorandum, certifications, we have not addressed

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the other, unrelated arguments offered ACTION: Notice of extension of time limit the Department determines that a new by the parties after issuance of the for the final results of antidumping duty shipper review is extraordinarily preliminary results of the new shipper new shipper review. complicated, however, section review. 751(a)(1)(B)(iv) of the Act allows the SUMMARY: The Department of Commerce Department to extend the deadline for Notification is extending the time limit for the final the final results to up to 150 days after Bonding is no longer permitted to results of the new shipper review of the the date on which the preliminary fulfill security requirements for antidumping duty order on fresh garlic results of the new shipper review were shipments from Shandong Heze of fresh from the People’s Republic of China issued. The Department has determined garlic from the PRC entered, or until no later than November 26, 2002. that this case is extraordinarily withdrawn from warehouse, for The new shipper review covers one complicated, and the final results of this 1 consumption in the United States on or exporter, Jinan Yipin Corporation Ltd. new shipper review cannot be after the publication of this rescission The period of review is November 1, completed within 90 days from the date notice in the Federal Register. 2000, through October 31, 2001. This on which the preliminary results were extension is made pursuant to section This notice serves as a final reminder issued. The Department finds that this 751(a)(2)(B)(iv) of the Tariff Act of 1930, to importers of their responsibility new shipper review is extraordinarily as amended. under 19 CFR 351.402(f)(2) to file a complicated because the comments we certificate regarding the reimbursement EFFECTIVE DATE: October 28, 2002. received present a number of complex of antidumping duties prior to FOR FURTHER INFORMATION CONTACT: factual and legal questions about the liquidation of the relevant entries Jennifer Moats, AD/CVD Enforcement 3, assignment of antidumping duty during these review periods. Failure to Import Administration, International margins. comply with this requirement, pursuant Trade Administration, U.S. Department Therefore, in accordance with section to 19 CFR 351.402(f)(3), could result in of Commerce, 14th Street and 751(a)(1)(B)(iv) of the Act and 19 CFR the Department’s presumption that Constitution Avenue, NW., Washington, 351.214(i)(3), the Department is reimbursement of antidumping duties DC 20230; telephone: (202) 482–5047. extending the time limit for the completion of the final results by thirty- occurred and the subsequent assessment The Applicable Statute and Regulations of doubled antidumping duties. five days. The final results will be due Unless otherwise indicated, all no later than November 26, 2002. This notice also serves as the only citations to the statute are references to reminder to parties subject to Dated: October 22, 2002. the provisions effective January 1, 1995, administrative protective orders (APO) Richard W. Moreland, the effective date of the amendments of their responsibility concerning the Deputy Assistant Secretary for AD/CVD made to the Tariff Act of 1930 (the Act) disposition of proprietary information Enforcement I. by the Uruguay Round Agreements Act disclosed under APO in accordance [FR Doc. 02–27396 Filed 10–25–02; 8:45 am] and all citations to the Department of with 19 CFR 351.305(a)(3). Timely BILLING CODE 3510–DS–P Commerce’s (the Department’s) written notification of the return/ regulations are to 19 CFR part 351 destruction of APO material or (2002). conversion to judicial protective order is DEPARTMENT OF COMMERCE hereby requested. Failure to comply Background International Trade Administration with the regulations and terms of an On July 24, 2002, the Department APO is a violation which is subject to issued the preliminary results of the [A–588–854] sanctions. new shipper review of the antidumping Certain Tin Mill Products From Japan: We are issuing and publishing this duty order on fresh garlic from the Notice of Initiation of Changed determination and notice in accordance People’s Republic of China. See Fresh Circumstances Review of the with sections 751(a)(2)(B)(iv) and 777(i) Garlic from the People’s Republic of Antidumping Order of the Tariff Act of 1930, as amended. China: Notice of Preliminary Results of Dated: October 22, 2002. Antidumping Duty New Shipper Review AGENCY: Import Administration, Faryar Shirzad, and Intent to Rescind in Part, 67 FR International Trade Administration, Assistant Secretary for Import 49669 (July 31, 2002). We invited Department of Commerce. Administration. parties to comment on our preliminary ACTION: Notice of initiation of changed [FR Doc. 02–27395 Filed 10–25–02; 8:45 am] results. We received comments from the circumstances antidumping duty BILLING CODE 3510–DS–M petitioners and the new shipper, Jinan review. Yipin Corporation, Ltd. The final results for this review are currently due SUMMARY: In accordance with 19 CFR DEPARTMENT OF COMMERCE October 22, 2002. 351.216(b), Nippon Steel Corporation (’’Nippon’’), an exporter and Extension of Time Limit for Final International Trade Administration manufacturer of the subject Results of New Shipper Review merchandise, filed a request for a Section 751(a)(1)(B)(iv) of the Act changed circumstances review of the [A–570–831] provides that the Department will issue antidumping order on certain tin mill Fresh Garlic From the People’s the final results of a new shipper review products from Japan with respect to Republic of China: Notice of Extension within 90 days after the date on which certain laminated tin-free steel, as of Time Limit for the Final Results of the preliminary results were issued. If described below. In Nippon’s request, Antidumping Duty New Shipper Weirton Steel Corporation, United Review 1 We were also conducting a new shipper review States Steel Corporation, Bethlehem of the antidumping order on fresh garlic from the Steel Corporation, USS–Posco AGENCY: People’s Republic of China for Shandong Heze Import Administration, International Trade and Developing Company Industries, and National Steel International Trade Administration, (Shandong Heze). On October 22, 2002, we issued Corporation stated that they do not Department of Commerce. a notice rescinding that new shipper review. object to the exclusion of this product

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from the order. In response to the as described above. However, the length if sheared) sheet size; with type apparent lack of interest in this product Department does not have information MR or higher (per ASTM) A623 steel from the domestic industry, the on the record of this changed chemistry; batch annealed at T2 1⁄2 Department of Commerce (‘‘the circumstances review that the anneal temper, with a yield strength Department’’) is initiating a changed aforementioned domestic tin mill of 31 to 42 kpsi (214 to 290 Mpa); circumstances review with respect to producers account for substantially all, with a tensile strength of 43 to 58 kpsi this request for all future entries for or at least 85 percent, of the production (296 to 400 Mpa); with a chrome consumption of tin-free laminated steel, of the domestic like product. See Oil coating restricted to 32 to 150 mg/m2; as described below. Country Tubular Goods From Mexico: with a chrome oxide coating restricted 2 EFFECTIVE DATE: October 28, 2002. Preliminary Results of Changed to 6 to 25 mg/m with a modified 7B ground roll finish or blasted roll FOR FURTHER INFORMATION CONTACT: Circumstances Antidumping Duty Michael Ferrier, Import Administration, Administrative Review, 64 FR 14213 finish; with roughness average (Ra) 0.10 to 0.35 micrometers, measured International Trade Administration, (March 24, 1999). Additionally, the with a stylus instrument with a stylus U.S. Department of Commerce, 14th Department has no information on the radius of 2 to 5 microns, a trace length Street and Constitution Avenue, NW., record that the other known domestic of 5.6 mm, and a cut-off of 0.8 mm, Washington, DC 20230; telephone: (202) producers of tin mill products, and the measurement traces shall be 482–1394. Wheeling-Pittsburgh Steel Corporation, and Ohio Coatings Corporation, have no made perpendicular to the rolling The Applicable Statute and Regulations interest in maintaining the antidumping direction; with an oil level of 0.17 to Unless otherwise indicated, all duty order with respect to certain 0.37 grams/base box as type BSO, or laminated tin-free steel described in 2.5 to 5.5 mg/m2 as type DOS, or 3.5 citations to the statute are references to 2 the provisions effective January 1, 1995, Nippon’s request. Therefore, we are not to 6.5 mg/m as type ATBC; with the effective date of the amendments combining this initiation with a electrical conductivity of static probe made to the Tariff Act of 1930, as preliminary determination, which is our voltage drop of 0.46 volts drop amended (‘‘the Act’’), by the Uruguay normal practice under section maximum, and with electrical conductivity degradation to 0.70 volts Round Agreements Act. In addition, 351.221(c)(3)(ii). This notice of drop maximum after stoving (heating unless otherwise indicated, all citations initiation will accord all interested to 400 degrees F for 100 minutes to the Department’s regulations are to parties an opportunity to address this followed by a cool to room the regulations as codified at 19 CFR proposed exclusion. temperature). part 351 (2002). Scope of Review —Single reduced electrolytically SUPPLEMENTARY INFORMATION: The products covered by this chromium- or tin-coated steel in the Background antidumping order are tin mill flat- gauges of 0.0040 inch nominal, 0.0045 rolled products that are coated or plated inch nominal, 0.0050 inch nominal, On August 28, 2000, the Department 0.0061 inch nominal (55 pound base published in the Federal Register the with tin, chromium or chromium oxides. Flat-rolled steel products coated box weight), 0.0066 inch nominal (60 antidumping duty order on certain tin pound base box weight), and 0.0072 mill products from Japan. See Notice of with tin are known as tin plate. Flat- rolled steel products coated with inch nominal (65 pound base box Antidumping Duty Order: Certain Tin weight), regardless of width, temper, Mill Products from Japan 65 FR 52067 chromium or chromium oxides are known as tin-free steel or electrolytic finish, coating or other properties. (August 28, 2000). On September 6, —Single reduced electrolytically chromium-coated steel. The scope 2002, Nippon, an exporter and chromium coated steel in the gauge of includes all the noted tin mill products manufacturer of the subject 0.024 inch, with widths of 27.0 inches regardless of thickness, width, form (in merchandise requested that the or 31.5 inches, and with T–1 temper coils or cut sheets), coating type Department revoke in part the properties. antidumping duty order on certain tin (electrolytic or otherwise), edge —Single reduced electrolytically mill products from Japan. Specifically, (trimmed, untrimmed or further chromium coated steel, with a Nippon requested that the Department processed, such and scroll cut), coating chemical composition of 0.005% max revoke the order with respect to imports thickness, surface finish, temper, carbon, 0.030% max silicon, 0.25% meeting the following specifications: coating metal (tin, chromium, max manganese, 0.025% max Tin-free steel laminated on one or both chromium oxide), reduction (single- or phosphorous, 0.025% max sulfur, sides of the surface with a polyester double-reduced), and whether or not 0.070% max aluminum, and the film, consisting of two layers (an coated with a plastic material. All balance iron, with a metallic amorphous layer and an outer crystal products that meet the written physical chromium layer of 70–130 mg/m2, layer), that contains no more than the description are within the scope of this with a chromium oxide layer of 5–30 indicated amounts of the following order unless specifically excluded. The mg/m2, with a tensile strength of 260– environmental hormones: 1 mg/kg following products, by way of example, 440 N/mm2, with an elongation of 28– BADGE (BisPhenol—A Di-glycidyl are outside and/or specifically excluded 48%, with a hardness (HR–30T) of Ether), 1 mg/kg BFDGE (BisPhenol—F from the scope of this order: 40–58, with a surface roughness of Di-glycidyl Ether), and 3 mg/kg BPA —Single reduced electrolytically 0.5–1.5 microns Ra, with magnetic (BisPhenol—A). chromium coated steel with a properties of Bm (KG)10.0 minimum, Nippon included letters from Weirton thickness 0.238 mm (85 pound base Br (KG) 8.0 minimum, Hc (Oe) 2.5– Steel Corporation, United States box) (#10%) or 0.251 mm (90 pound 3.8, and MU 1400 minimum, as Steel Corporation, Bethlehem Steel base box) (#10%) or 0.255 mm (#10%) measured with a Riken Denshi DC Corporation, USS-Posco Industries, and with 770 mm (minimum width) magnetic characteristic measuring National Steel Corporation, in its (#1.588 mm) by 900 mm (maximum machine, Model BHU–60. request for the changed circumstances length if sheared) sheet size or —Bright finish tin-coated sheet with a review stating their support for the 30.6875 inches (minimum width) (# thickness equal to or exceeding exclusion of the tin-free laminated steel, 1⁄16 inch) and 35.4 inches (maximum 0.0299 inch, coated to thickness of 3⁄4

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pound (0.000045 inch) and 1 pound coil, with a surface free of scratches, thickness and 34.1875 inch x 29.076 (0.00006 inch). holes, and rust. inch scroll cut dimensions; or (3) 107 —Electrolytically chromium coated —Electrolytically tin coated steel having pound/base box (0.0118 inch) steel having ultra flat shape defined as differential coating with 1.00 pound/ thickness and 30.5625 inch x 34.125 oil can maximum depth of 5⁄64 inch base box equivalent on the heavy side, inch scroll cut dimension. (2.0 mm) and edge wave maximum of with varied coating equivalents in the —Tin-free steel coated with a metallic 5 lighter side (detailed below), with a chromium layer between 100–200 mg/ ⁄64 inch (2.0 mm) and no wave to 2 penetrate more than 2.0 inches (51.0 continuous cast steel chemistry of m and a chromium oxide layer 2 mm) from the strip edge and coilset or type MR, with a surface finish of type between 5–30 mg/m ; chemical curling requirements of average 7B or 7C, with a surface passivation composition of 0.05% maximum of 0.7 mg/square foot of chromium carbon, 0.03% maximum silicon, maximum of 5⁄64 inch (2.0 mm) (based on six readings, three across each cut applied as a cathodic dichromate 0.60% maximum manganese, 0.02% edge of a 24 inches (61 cm) long treatment, with coil form having maximum phosphorous, and 0.02% sample with no single reading restricted oil film weights of 0.3–0.4 maximum sulfur; magnetic flux grams/base box of type DOS–A oil, density (‘‘Br’’) of 10 kg minimum and exceeding 4⁄32 inch (3.2 mm) and no coil inside diameter ranging from 15.5 a coercive force (‘‘Hc’’) of 3.8 Oe more than two readings at 4⁄32 inch (3.2 mm)) and (for 85 pound base box to 17 inches, coil outside diameter of minimum. The merchandise subject to this order item only: crossbuckle maximums of a maximum 64 inches, with a maximum coil weight of 25,000 is classified in the Harmonized Tariff 0.001 inch (0.0025 mm) average pounds, and with temper/coating/ Schedule of the United States having no reading above 0.005 inch dimension combinations of : (1) CAT (‘‘HTSUS’’), under HTSUS subheadings (0.127 mm)), with a camber maximum 4 temper, 1.00/.050 pound/base box 7210.11.0000, 7210.12.0000, of 1⁄4 inch (6.3 mm) per 20 feet (6.1 coating, 70 pound/base box (0.0077 7210.50.0000, 7212.10.0000, and meters), capable of being bent 120 inch) thickness, and 33.1875 inch 7212.50.0000 if of non-alloy steel and degrees on a 0.002 inch radius ordered width; or (2) CAT5 temper, under HTSUS subheadings without cracking, with a chromium 1.00/0.50 pound/base box coating, 75 7225.99.0090, and 7226.99.0000 if of coating weight of metallic chromium 2 pound/base box (0.0082 inch) alloy steel. Although the subheadings at 100 mg/m and chromium oxide of are provided for convenience and 2 thickness, and 34.9375 inch or 10 mg/m , with a chemistry of 0.13% 34.1875 inch ordered width; or (3) Customs purposes, our written maximum carbon, 0.60% maximum CAT5 temper, 1.00/0.50 pound/base description of the scope of this review manganese, 0.15% maximum silicon, box coating, 107 pound/base box is dispositive. 0.20% maximum copper, 0.04% (0.0118 inch) thickness, and 30.5625 Initiation of Changed Circumstances maximum phosphorous, 0.05% inch or 35.5625 inch ordered width; maximum sulfur, and 0.20% Antidumping Duty Administrative or (4) CADR8 temper, 1.00/0.50 Review maximum aluminum, with a surface pound/base box coating, 85 pound/ finish of Stone Finish 7C, with a base box (0.0093 inch) thickness, and Pursuant to section 751(d)(1) of the DOS–A oil at an aim level of 2 mg/ 35.5625 inch ordered width; or (5) Act, the Department may revoke an square meter, with not more than 15 CADR8 temper, 1.00/0.25 pound/base antidumping or countervailing duty inclusions/foreign matter in 15 feet box coating, 60 pound/base box order, in whole or in part, based on a (4.6 meters) (with inclusions not to (0.0066 inch) thickness, and 35.9375 review under section 751(b) of the Act 1 exceed ⁄32 inch (0.8 mm) in width inch ordered width; or (6) CADR8 (i.e., a changed circumstances review). 3 and ⁄64 inch (1.2 mm) in length), with temper, 1.00/0.25 pound/base box Section 751(b)(1) of the Act requires a thickness/temper combinations of coating, 70 pound/base box (0.0077 changed circumstances review to be either 60 pound base box (0.0066 inch) thickness, and 32.9375 inch, conducted upon receipt of a request inch) double reduced CADR8 temper 33.125 inch, or 35.1875 inch ordered which shows changed circumstances in widths of 25.00 inches, 27.00 width. sufficient to warrant a review. Section inches, 27.50 inches, 28.00 inches, —Electrolytically tin coated steel having 351.222(g) of the Department’s 28.25 inches, 28.50 inches, 29.50 differential coating with 1.00 pound/ regulations provides that the inches, 29.75 inches, 30.25 inches, base box equivalent on the heavy side, Department will conduct a changed 31.00 inches, 32.75 inches, 33.75 with varied coating equivalents on the circumstances administrative review inches, 35.75 inches, 36.25 inches, lighter side (detailed below), with a under 19 CFR 351.216, and may revoke 39.00 inches, or 43.00 inches, or 85 continuous cast steel chemistry of an order (in whole or in part), if it pound base box (0.0094 inch) single type MR, with a surface finish of type determines that (i) producers accounting reduced CAT4 temper in widths of 7B or 7C, with a surface passivation for substantially all of the production of 25.00 inches, 27.00 inches, 28.00 of 0.5 mg/square foot of chromium the domestic like product to which the inches, 30.00 inches, 33.00 inches, applied as a cathodic dichromate order pertains have expressed a lack of 33.75 inches, 35.75 inches, 36.25 treatment, with ultra flat scroll cut interest in the relief provided by the inches, or 43.00 inches, with width sheet form, with CAT 5 temper with order, in whole or in part, or (ii) if other tolerance of # 1⁄8 inch, with a 1.00/0.10 pound/base box coating, changed circumstances sufficient to thickness tolerance of #0.0005 inch, with a lithograph logo printed in a warrant revocation exist. To the with a maximum coil weight of uniform pattern on the 0.10 pound Department’s knowledge the following 20,000 pounds (9071.0 kg), with a coating side with a clear protective are U.S. producers of tin mill products: minimum coil weight of 18,000 coat, with both sides waxed to a level Bethlehem Steel Corporation, National pounds (8164.8 kg) with a coil inside of 15–20 mg/216 sq. in., with ordered Steel Corporation, Midwest Division, diameter of 16 inches (40.64 cm) with dimension combinations of (1) 75 Ohio Coatings Corporation, U.S. Steel a steel core, with a coil maximum pound/base box (0.0082 inch) Group, a Unit of USX Corp., Wheeling- outside diameter of 59.5 inches thickness and 34.9375 inch x 31.748 Pittsburgh Steel Corporation, and USS- (151.13 cm), with a maximum of one inch scroll cut dimensions; or (2) 75 Posco Industries, Inc. Based upon the weld (identified with a paper flag) per pound/base box (0.0082 inch) statements of no interest by Weirton

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Steel Corporation, United States Steel Atmospheric Administration, researchers, educators, policy makers, Corporation, Bethlehem Steel Department of Commerce (DOD). and other various groups that help to Corporation, USS-Posco Industries, and ACTION: Notice and request for focus efforts and attention on the National Steel Corporation, we believe applications. humpback whale and its habitat around there is information sufficient to the main Hawaiian Islands. warrant initiation of this changed SUMMARY: The Hawaiian Islands The council functions in an advisory circumstances review. Humpback Whale National Marine capacity to the Sanctuary Manager and The Department will publish in the Sanctuary (HIHWNMS or Sanctuary) is is instrumental in helping to develop Federal Register a notice of preliminary seeking applicants for the following two policies and program goals, and to results of changed circumstances vacant seats on its Sanctuary Advisory identify education, outreach, research, review, in accordance with 19 CFR Council (Council): Fishing and Native long-term monitoring, resource 351.221(c), which will set forth the Hawaiian. The Sanctuary will choose protection and revenue enhancement factual and legal conclusions upon two applicants as members and two as priorities. The Council works in concert which our preliminary results are based, alternates to those members.Members with the Sanctuary Manager by keeping and a description of any action are chosen based upon their particular him or her informed about issues of proposed based on those results. expertise and experience in relation to concern throughout the Sanctuary, Interested parties may submit comments the seat for which they are applying; offering recommendations on specific for consideration in the Department’s community and professional affiliations; issues, and aiding the Manager in preliminary results not later than 14 philosophy regarding the conservation achieving the goals of the Sanctuary days after publication of this notice. and management of marine resources; program within the context of Hawaii’s Responses to those comments may be and the length of residence in the area marine programs and policies. affected by the Sanctuary. Applicants submitted not later than 7 days Authority: 16 U.S.C. Section 1431 et seq. following submission of the comments. who are chosen as members should All written comments must be expect to serve two-year terms, pursuant (Federal Domestic Assistance Catalog submitted in accordance with 19 CFR to the Council’s Charter. Number 11.429 Marine Sanctuary Program). Dated: October 15, 2002 351.303, and must be served on all DATES: Applications are due by interested parties on the Department’s November 20, 2002. Jamison S. Hawkins, service list in accordance with 19 CFR ADDRESSES: Application kits may be Acting Assistant Administrator for Oceans 351.303. The Department will also issue obtained on our website and Coastal Zone Management. its final results of review within 270 www.hihwnms.nos.noaa.gov or from [FR Doc. 02–27368 Filed 10–25–02; 8:45 am] days after the date on which the Amy Glester at the Hawaiian Islands BILLING CODE 3510–08–M changed circumstances review is Humpback Whale National Marine initiated, in accordance with 19 CFR Sanctuary, 6700 Kalanianaole Hwy, DEPARTMENT OF COMMERCE 351.216(e), and will publish these Suite 104, Honolulu, Hawaii 96825. Completed applications should be sent results in the Federal Register. While United States Patent and Trademark to the same address. the changed circumstances review is Office underway, the current requirement for a FOR FURTHER INFORMATION CONTACT: cash deposit of estimated antidumping Amy Glester at (808) 397–2655, or [Docket No. 2003–C–002] duties on all subject merchandise, [email protected]. including the merchandise that is the Request for comments and notice of SUPPLEMENTARY INFORMATION: The round table meetings regarding Small subject of this changed circumstances HIHWNMS Advisory Council was review, will continue unless and until it Business Views on Additional established in March 1996 (the current Harmonization of Patent Laws is modified pursuant to the final results Council has served since July 1998) to of this changed circumstances review or assure continued public participation in AGENCY: United States Patent and other administrative review. the management of the Sanctuary. Since Trademark Office, Commerce. This notice is in accordance with its establishment, the Council has ACTION: Request for input and notice of sections 751(b)(1) and 777(i)(1) of the played a vital role in the decisions round table meetings. Act and 19 CFR 351.216 and 351.222. affecting the Sanctuary surrounding the main Hawaiian Islands. SUMMARY: The United States Patent and Dated: October 21, 2002. Trademark Office (USPTO) seeks Faryar Shirzad, The Council’s twenty-four voting members represent a variety of local comments from small businesses, Assistant Secretary for Import experts in global patent issues and other Administration. user groups, as well as the general public, plus ten local, state and Federal interested parties on achieving [FR Doc. 02–27394 Filed 10–25–02; 8:45 am] governmental jurisdictions. additional harmonization of patent BILLING CODE 3510–DS–P The Council is supported by three laws. As a part of this effort, USPTO subcommittees: a Research Committee announces the scheduling of three chaired by the Research Representative, round table meetings to receive views DEPARTMENT OF COMMERCE an Education Committee chaired by the on patent law harmonization issues. National Geographic and Atmospheric Education Representative, and a DATES: Comments must be received by Administration Conservation Committee chaired by the December 19, 2002, to ensure Conservation Representative, each consideration. Requests to participate in Availability of Seats for the Hawaiian respectively dealing with matters round table meetings must be received Islands Humpback Whale National concerning research, education and by November 22, 2002. If it becomes Marine Sanctuary Advisory Council resource protection. necessary to limit the number of The Council represents the participants, preference will be given to AGENCY: National Marine Sanctuary coordination link between the first-in-time requests. The round table Program (NMSP), National Ocean Sanctuary and the state and federal meetings are tentatively scheduled for Service (NOS), National Oceanic and management agencies, user groups, December 2, 2002, in the greater Los

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Angeles, California area; December 4, impediments including companies’ December 19, 2002, in the greater 2002, in the greater Chicago, Illinois limited foreign patent knowledge; Washington, DC area. area; and December 19, 2002, in the differences among foreign patent Requests to participate in round table greater Washington, DC area. systems; and the existence of meetings must be received by November ADDRESSES: Written comments and challenging business climates and weak 22, 2002, and should be addressed as requests to participate in the round table patent enforcement in certain countries. indicated above. If it becomes necessary meetings should be addressed to the To help address these impediments, to limit the number of participants, United States Patent and Trademark GAO recommends that USPTO obtain preference will be given to first-in-time Office, Office of International Relations, input from small businesses, experts in requests. Specific times and locations Room 902, 2121 Crystal Drive, global patent issues, and other for the round table meetings will be Arlington, VA 22202, Attn: Jon interested parties in order to assess the determined based on responses received Santamauro, Small Business/ advantages and disadvantages of various from persons who express an interest in Harmonization; faxed to Jon options for achieving additional patent participation. Details as to those times Santamauro’s attention at (703) 305– law harmonization. In addition, GAO and locations will be communicated to 8885; or sent via electronic mail to recommends that the Administrator of participants and posted on USPTO’s [email protected]. the Small Business Administration, Web site at www.uspto.gov. Specific times and locations for the with assistance of USPTO, collect and Dated: October 22, 2002. make available information about key round table meetings will be determined James E. Rogan, based on responses received from aspects of foreign patent laws, requirements, procedures, and costs that Under Secretary of Commerce for Intellectual persons who express an interest in Property and Director of the United States participation. Details as to those times would be useful to small businesses that Patent and Trademark Office. are considering whether to obtain and locations will be communicated to [FR Doc. 02–27323 Filed 10–25–02; 8:45 am] foreign patent protection. participants and posted on USPTO’s BILLING CODE 3510–16–P Web site at www.uspto.gov. Consistent with the GAO FOR FURTHER INFORMATION CONTACT: Jon recommendation, the Congressional requesters of the GAO report have Santamauro by telephone at (703) 305– DEPARTMENT OF ENERGY 9300 or by electronic mail at requested that the USPTO convene a series of round table meetings with [email protected]. American Statistical Association small business owners and policy Committee on Energy Statistics; SUPPLEMENTARY INFORMATION: experts by December 31, 2002, to hear Notice of Renewal Background views on the harmonization of global patent laws. They further request a AGENCY: In response to a request by the Department of Energy. synopsis of the proceedings and Ranking Republican Member of the ACTION: Notice of renewal. findings by March 31, 2003. Senate Committee on Small Business SUMMARY: Pursuant to the Federal and Entrepreneurship and the Chairman Round Table Meetings and Request for Advisory Committee Act (Pub. L. 92– of the House Committee on Small Comments 463), I hereby certify that the renewal of Business, the General Accounting Office The USPTO requests that interested the charter of the American Statistical (GAO) analyzed and prepared a report parties submit comments and/or Association Committee on Energy on (1) whether small businesses face recommendations on achieving Statistics is in the public interest in impediments in obtaining foreign patent additional harmonization of patent connection with the performance of protection; (2) what impact any laws. It is suggested that this input be duties imposed on the Department of impediments have on their foreign categorized as follows: Energy by law. This determination patent decisions; and (3) whether any (1) Cost and fee related issues. follows consultation with the Federal actions could help small (2) Procedural and administrative Committee Management Secretariat of businesses overcome the impediments issues. the General Services Administration, they may face in obtaining foreign (3) Substantive patent law issues. pursuant to section 102–3.60, title 41, patents. The Congressional requesters (4) Enforcement issues. Code of Federal Regulations. expressed concern that some small (5) Miscellaneous issues. businesses, particularly high-technology Comments must be received by FOR FURTHER INFORMATION CONTACT: Ms. firms, were not obtaining patent December 19, 2002, to ensure Rachel M. Samuel at (202) 586–3279. protection overseas and thus were consideration, and should be addressed SUPPLEMENTARY INFORMATION: The losing potential sales in foreign markets. to the United States Patent and purpose of the Committee is to provide The GAO completed its report, Trademark Office, Office of advice on a continuing basis to the captioned Federal Action Needed to International Relations, Room 902, 2121 Administrator of the Energy Information Help Small Businesses Address Foreign Crystal Drive, Arlington, VA 22202, Administration (EIA), including: Patent Challenges (GAO–02–789), in Attn: Jon Santamauro, Small Business/ 1. Periodic review of and advice on July 2002 and made it available to the Harmonization; faxed to Jon Energy Information Administration data public in August 2002. The report is Santamauro’s attention at (703) 305– collections and analysis programs; available on-line at www.gao.gov. 8885; or sent via electronic mail to 2. Advice on technical and According to the report, foreign patent [email protected]. methodological issues in planning, costs are the most significant In addition, the USPTO will conduct operation, and the review of Energy impediment that small businesses face round table meetings to hear views on Information Administration statistical in trying to protect their inventions the harmonization of international programs and their relative priorities; abroad. The conclusion is based on patent laws. The round table meetings and information received from small are tentatively scheduled for December 3. Advice on matters concerning businesses and patent attorneys 2, 2002, in the greater Los Angeles, improved energy modeling and consulted by GAO in preparation of the California area; December 4, 2002, in the forecasting tools, particularly regarding report. The report also identifies greater Chicago, Illinois area; and their functioning, relevancy, and results.

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Issued in Washington, DC, on October 18, —Board Work Session SUPPLEMENTARY INFORMATION: 2002. 2 p.m. Public Comment Period and Purpose of the Board: The purpose of James N. Solit, Adjournment the Board is to make recommendations Advisory Committee Management Officer. Public Participation: This meeting is to DOE in the areas of environmental [FR Doc. 02–27329 Filed 10–25–02; 8:45 am] open to the public. If you would like to restoration, waste management, and BILLING CODE 6450–01–M file a written statement with the Board, related activities. you may do so either before or after the meeting. If you would like to make an Tentative Agenda: DEPARTMENT OF ENERGY oral statement regarding any of the items on the agenda, please contact Mr. 8:30 a.m. Call to Order Environmental Management Advisory Melillo at the address or telephone 8:30—8:45 a.m. Chair’s Remarks and Ex Board number listed above, or call the Officio Announcements AGENCY: Department of Energy. Environmental Management Advisory 8:45—9 a.m. Feedback from Chairs Board office at 202–586–4400, and we ACTION: Notice of open meeting. Meeting will reserve time for you on the agenda. 9—10 a.m. Silos Update and Planning SUMMARY: Those who call in and or register in This notice announces a for Workshop meeting of the Environmental advance will be given the opportunity to Management Advisory Board. The speak first. Others will be 10—10:15 a.m. Break Federal Advisory Committee Act (Pub. accommodated as time permits. The 10:15—11:45 a.m. Stewardship L. 92–463, 86 Stat. 770) requires that Board Chair will conduct the meeting in Management Plan Discussion an orderly manner. public notice of these meetings be 11:45—12 p.m. Public Comment announced in the Federal Register. Minutes: We will make the minutes of Noon Adjourn DATES: Wednesday, November 20th and the meeting available for public review Thursday, November 21, 2002. and copying by December 20, 2002. The Public Participation: The meeting is minutes and transcript of the meeting ADDRESSES: U.S. Department of Energy, open to the public. Written statements will be available for viewing at the Forrestal Building, 1000 Independence may be filed with the Board chair either Freedom of Information Public Reading Avenue SW, (Room 1E–245), before or after the meeting. Individuals Room (1E–190) in the Forrestal Washington, DC 20585. who wish to make oral statements Building, U.S. Department of Energy, pertaining to agenda items should FOR FURTHER INFORMATION CONTACT: 1000 Independence Avenue, SW, James T. Melillo, Executive Director of Washington, DC 20585. The Room is contact the Board chair at the address or the Environmental Management open Monday through Friday from 9 telephone number listed below. Advisory Board, (EM–10), 1000 a.m.–4 p.m. except on Federal holidays. Requests must be received five days Independence Avenue SW, (Room 5B– prior to the meeting and reasonable 171), Washington, DC 20585. The Issued in Washington, DC on October 21, provision will be made to include the telephone number is 202–586–4400. 2002. presentation in the agenda. The Deputy The Internet address is Rachel M. Samuel, Designated Federal Officer, Gary [email protected]. Deputy Advisory Committee Management Stegner, Public Affairs Office, Ohio Officer. Field Office, U.S. Department of Energy, SUPPLEMENTARY INFORMATION: The [FR Doc. 02–27328 Filed 10–25–02; 8:45 am] purpose of the Board is to provide the is empowered to conduct the meeting in BILLING CODE 6450–01–P Assistant Secretary for Environmental a fashion that will facilitate the orderly Management (EM) with advice and conduct of business. Each individual wishing to make public comment will recommendations on corporate issues DEPARTMENT OF ENERGY confronting the Environmental be provided a maximum of five minutes Management Program. The Board will Environmental Management Site- to present their comments. contribute to the effective operation of Specific Advisory Board, Fernald Minutes: The minutes of this meeting the Environmental Management will be available for public review and Program by providing individual AGENCY: Department of Energy. copying at the Freedom of Information citizens and representatives of ACTION: Notice of open meeting. Public Reading Room, 1E–190, Forrestal interested groups an opportunity to Building, 1000 Independence Avenue, SUMMARY: This notice announces a present their views on issues facing the SW., Washington, DC, 20585 between 9 meeting of the Environmental Office of Environmental Management. a.m. and 4 p.m., Monday—Friday, Management Site-Specific Advisory except Federal holidays. Minutes will Preliminary Agenda Board (EM SSAB), Fernald. The Federal also be available by writing to the Advisory Committee Act (Pub. L. 92– Wednesday, November 20, 2002 463, 86 Stat. 770) requires that public Fernald Citizens’ Advisory Board, c/o 1 p.m. Public Meeting Open notice of these meetings be announced Phoenix Environmental Corporation, —Welcome in the Federal Register. MS–76, Post Office Box 538704, Cincinnati, OH 43253–8704, or by —Opening Remarks DATES: Saturday, November 16, 2002 calling the Advisory Board at (513) 648– —Orientation 8:30 a.m.—Noon. —Environmental Management 6478. Overview ADDRESSES: Crosby Senior Center, 8910 Willey Road, Harrison, OH. Issued at Washington, DC on October 22, —Organizational Discussions 2002. 5 p.m. Public Comment Period and FOR FURTHER INFORMATION CONTACT: Rachel Samuel, Adjournment Doug Sarno, The Perspectives Group, Inc., 1055 North Fairfax Street, Suite Deputy Advisory Committee Management Thursday, November 21, 2002 204, Alexandria, VA 22314, at (703) Officer. 9 a.m. Opening Remarks 837–1197, or e-mail; [FR Doc. 02–27330 Filed 10–25–02; 8:45 am] —Roundtable Discussion [email protected]. BILLING CODE 6450–01–P

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DEPARTMENT OF ENERGY copying within 30 days at the Freedom SUPPLEMENTARY INFORMATION: The Clean of Information Public Reading Room, Air Act (Act) affords EPA a 45-day Office of Energy Efficiency and 1E–190, Forrestal Building, 1000 period to review, and object to as Renewable Energy Independence Avenue, SW., appropriate, operating permits proposed Washington, DC, between 9 a.m. and 4 by state permitting authorities. Section Notice of Open Meeting p.m., Monday through Friday, except 505(b)(2) of the Act authorizes any AGENCY: Department of Energy. Federal holidays. person to petition the EPA Administrator within 60 days after the ACTION: Notice of open meeting. Issued at Washington, DC, on October 21, 2002. expiration of this review period to SUMMARY: This notice announces a Rachel Samuel, object to State operating permits if EPA meeting of the State Energy Advisory Deputy Advisory Committee Management has not done so. Petitions must be based Board (STEAB). Federal Advisory Officer. only on objections to the permit that were raised with reasonable specificity Committee Act (Pub. L. 92–463; 86 Stat. [FR Doc. 02–27331 Filed 10–25–02; 8:45 am] during the public comment period 770) requires that public notice be BILLING CODE 6450–01–P announced in the Federal Register. provided by the State, unless the DATES: November 21, 2002 from 8:00 petitioner demonstrates that it was impracticable to raise these issues AM to 5:00 PM, and November 22, 2002 ENVIRONMENTAL PROTECTION from 8:00 AM to 1:00 PM. during the comment period or the AGENCY grounds for the issues arose after this ADDRESSES: The Madison Hotel, [FRL–7400–6] period. Fifteenth and M Streets, NW, The Louisiana Environmental Action Washington, DC 20005. Clean Air Act Operating Permit Network submitted a petition to the FOR FURTHER INFORMATION CONTACT: Program; Petition for Objection to Administrator on January 2, 2001, William J. Raup, Office of Planning, State Operating Permit for the Borden requesting that EPA object to the Budget, and Outreach, Energy Efficiency Chemical, Inc. Formaldehyde Plant modified title V operating permit issued and Renewable Energy (EERE), U.S. Geismar, Ascension Parish, LA for Borden Chemical, Inc.’s Department of Energy (DOE), formaldehyde plant in Geismar, AGENCY: Environmental Protection Washington, DC 20585, Telephone 202/ Louisiana. The petition objects to 586–2214. Agency (EPA). issuance of the proposed permit on the SUPPLEMENTARY INFORMATION: ACTION: Notice of final order on petition following grounds: (1) The emission Purpose of the Board: To make to object to state operating permit. reductions relied upon to avoid recommendations to the Assistant SUMMARY: This notice announces that designation as a major modification are Secretary for Energy Efficiency and the EPA Administrator has denied the not real, actual, or allowable under Renewable Energy regarding goals and petition to object to a state operating Federal law and regulations; (2) objectives and programmatic and permit issued by the Louisiana nonattainment new source review administrative policies, and to Department of Environmental Quality applies because the emission reductions otherwise carry out the Board’s (LDEQ) for Borden Chemical, Inc.’s were not surplus under Louisiana responsibilities as designated in the formaldehyde plant in Geismar, regulations; (3) Borden should not be State Energy Efficiency Programs Louisiana. Pursuant to section 505(b)(2) rewarded for violating the Clean Air Improvement Act of 1990 (Pub. L. 101– of the Clean Air Act (Act), the petitioner Act, and the modified permit is contrary 440). may seek judicial review of this petition to EPA policy and the intent of the Act; Tentative Agenda: and (4) a new facility in the Baton • response in the United States Court of STEAB Committee updates Appeals for the Fifth Circuit. Any Rouge nonattainment area will not • STEAB Annual Report Kickoff provide sufficient reductions to achieve petition must be filed within 60 days of • EERE State Success Stories the ozone standard. the date this notice appears in the • Discussion Sessions with the Office On September 30, 2002, the of Energy Efficiency and Renewable Federal Register, pursuant to section Administrator issued an order denying Energy, USDOE Staff 307(d) of the Act. the petition. The order explains the • Update on Current Energy ADDRESSES: You may review copies of reasons for the Administrator’s decision. the final order, the petition, and other Legislation Dated: October 19, 2002. • Public Comment Period supporting information at the Gregg A. Cooke, Public Participation: The meeting is Environmental Protection Agency, open to the public. Written statements Region 6, 1445 Ross Avenue, Dallas, Regional Administrator. may be filed with the Board either Texas 75202–2733. If you wish to [FR Doc. 02–27339 Filed 10–25–02; 8:45 am] before or after the meeting. Members of examine these documents, you should BILLING CODE 6560–50–P the public who wish to make oral make an appointment at least 24 hours statements pertaining to agenda items before visiting day. The final order is ENVIRONMENTAL PROTECTION should contact William J. Raup at the also available electronically at the AGENCY address or telephone number listed following address: http://www.epa.gov/ above. Requests to make oral region07/programs/artd/air/title5/ [CO–001–0071; FRL–7400–8] presentations must be received five days petitiondb/petitiondb2001.htm prior to the meeting; reasonable FOR FURTHER INFORMATION CONTACT: Adequacy Status of the Lamar and provision will be made to include the Bonnie Braganza, Air Permitting Steamboat Springs, CO PM10 statements in the agenda. The Chair of Section, Multimedia Planning and Maintenance Plans for Transportation the Board is empowered to conduct the Permitting Division, U.S. Environmental Conformity Purposes meeting in a fashion that will facilitate Protection Agency, Region 6, 1445 Ross AGENCY: Environmental Protection the orderly conduct of business. Avenue, Dallas, Texas 75202–2733, Agency (EPA). Minutes: The minutes of the meeting telephone (214) 665–7340 or e-mail at ACTION: Notice of adequacy. will be available for public review and [email protected].

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SUMMARY: In this document, EPA is adequacy review is separate from our three times each calendar year at notifying the public that we have found completeness review, and it also should different locations along the U.S.- that the motor vehicle emissions not be used to prejudge our ultimate Mexico border. It was created by the budgets in the Lamar and Steamboat approval of the SIP. Even if we find a Enterprise for the Americas Initiative Springs, Colorado particulate matter of budget adequate, the SIP could later be Act of 1992. An Executive Order 10 micrograms in size or smaller (PM10) disapproved, and vice versa. delegates implementing authority to the maintenance plans submitted on July We’ve described our process for Administrator of EPA. The Board is 31, 2002, are adequate for conformity determining the adequacy of submitted responsible for providing advice to the purposes. On March 2, 1999, the DC SIP budgets in a memo entitled, U.S. President and Congress on Circuit Court ruled that budgets in ‘‘Conformity Guidance on environmental and infrastructure issues submitted State Implementation Plans Implementation of March 2, 1999 and needs within the States contiguous (SIPs) cannot be used for conformity Conformity Court Decision,’’ dated May to Mexico in order to improve the determinations until EPA has 14, 1999. We followed this guidance in quality of life of persons residing on the affirmatively found them adequate. As a making our adequacy determination. U.S. side of the border. The statute calls result of our finding, the City of Lamar, Authority: 42 U.S.C. 7401 et seq. for the Board to have representatives the City of Steamboat Springs, the Colorado Department of Transportation Dated: October 21, 2002. from U.S. Government agencies; the and the U.S. Department of Robert E. Roberts, governments of the States of Arizona, Transportation are required to use the Regional Administrator, Region VIII. California, New Mexico and Texas; and motor vehicle emissions budgets from [FR Doc. 02–27345 Filed 10–25–02; 8:45 am] private organizations with expertise on environmental and infrastructure these submitted maintenance plans for BILLING CODE 6560–50–P future conformity determinations. problems along the southwest border. DATES: This finding is effective Board members typically contribute 10– November 12, 2002. ENVIRONMENTAL PROTECTION 15 hours per month to the Board’s work. The Board membership position is FOR FURTHER INFORMATION CONTACT: AGENCY voluntary; travel expenses are covered. Kerri Fiedler, Air & Radiation Program [FRL–7400–9] (8P–AR), United States Environmental The following criteria will be used to Protection Agency, Region 8, 999 18th Request for Nominations to the Good evaluate nominees: Street, Suite 300, Denver, Colorado Neighbor Environmental Board • Residence in one of the four U.S. 80202–2466, (303) 312–6493. The letter AGENCY: Environmental Protection border states. documenting our finding is available at Agency (EPA). • EPA’s conformity Web site: http:// Professional knowledge of, and www.epa.gov/oms/transp/conform/ ACTION: Notice of request for experience with, environmental adequacy.htm. nominations. infrastructure activities and policy along the U.S.-Mexico border. SUPPLEMENTARY INFORMATION: SUMMARY: The U.S. Environmental • Throughout this document wherever Protection Agency (EPA) invites Senior level-experience that fills a ‘‘we’’, ‘‘us’’, or ‘‘our’’ are used we mean nominations of qualified candidates to gap in Board representation, or brings a EPA. be considered for appointments to fill new and relevant dimension to its This action is simply an vacancies on the Good Neighbor deliberations. announcement of a finding that we have Environmental Board. Suggested • Representation of a sector or group already made. We sent a letter to the deadline for receiving nominations is that is involved in border region Colorado Air Pollution Control Division Friday, November 22, 2002. Selection of environmental infrastructure. on September 25, 2002 stating that the candidates for appointments will be • Demonstrated ability to work in a motor vehicle emissions budgets in the made by EPA Administrator Christine consensus-building process with a wide submitted Lamar and Steamboat Springs Todd Whitman. Appointments are range of representatives from diverse PM maintenance plans are adequate. 10 scheduled to be announced during constituencies. This finding has also been announced January 2003. • Willingness to serve a two-year on our conformity Web site at http:// ADDRESSES: Submit nomination www.epa.gov/oms/transp/conform/ materials to: Elaine Koerner, Designated term as an actively-contributing adequacy.htm. Federal Officer, Good Neighbor member, with possible re-appointment Transportation conformity is required Environmental Board, Office of to a second term. by section 176(c) of the Clean Air Act. Cooperative Environmental Nominees’ qualifications will be Our conformity rule requires that Management, U.S. Environmental assessed under the mandates of the transportation plans, programs, and Protection Agency (1601E), 655 15th. Federal Advisory Committee Act, which projects conform to SIPs and establishes St., NW., Washington, DC. 20460. requires Committees to maintain the criteria and procedures for FOR FURTHER INFORMATION CONTACT: diversity across a broad range of determining whether or not they do. Elaine Koerner, Designated Federal constituencies, sectors, and groups. Conformity to a SIP means that Officer, Good Neighbor Environmental transportation activities will not Nominations for membership must Board, Office of Cooperative produce new air quality violations, include a resume describing the Environmental Management, U.S. worsen existing violations, or delay professional and educational Environmental Protection Agency timely attainment of the national qualifications of the nominee as well as (1601E), 655 15th. St NW., Washington, ambient air quality standards. community-based experience. Contact The criteria by which we determine DC 20460; telephone 202–233–0069; fax details should include full name and whether a SIP’s motor vehicle emission 202–233–0070; email title, business mailing address, budgets are adequate for conformity [email protected]. telephone, fax, and e-mail address. A purposes are outlined in 40 CFR SUPPLEMENTARY INFORMATION: The Good supporting letter of endorsement is 93.118(e)(4). Please note that an Neighbor Environmental Board meets encouraged but not required.

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Dated: October 16, 2002. mortality/morbidity endpoints (e.g., emphasizes biologically based, strategic Elaine M. Koerner, daily deaths, hospital admissions); (b) decision making, enables an adaptive Designated Federal Officer. progress made to date in the conduct of management approach, and provides for [FR Doc. 02–27347 Filed 10–25–02; 8:45 am] reanalyses of a group of GAM-related better coordination among key agencies, BILLING CODE 6560–50–P studies identified by EPA as being of organizations, and institutions involved high priority for policy considerations in oyster restoration in Maryland and (see www.epa.gov/ncea/partmatt.htm Virginia waters of Chesapeake Bay and ENVIRONMENTAL PROTECTION for more information); and (c) additional its tidal tributaries. The Chesapeake Bay AGENCY considerations for future directions for oyster partners include the U.S. new PM epidemiologic analyses. After Environmental Protection Agency, U.S. [FRL–7401–7] the workshop, participating Army Corps of Engineers, National Air Quality Criteria for Particulate investigators will have the opportunity Oceanic and Atmospheric Matter to modify preliminary reanalyses Administration, Maryland Department presented at the workshop to take into of Natural Resources, Virginia Marine AGENCY: Environmental Protection account the workshop discussions and Resources Commission, Maryland Agency. to submit to EPA written ‘‘short Oyster Recovery Partnership, Virginia ACTION: Notice of workshop. communications’’ conveying key Oyster Heritage Program, and information on the reanalyses and their Chesapeake Bay Foundation. Following SUMMARY: The U.S. Environmental outcomes. Those short communications receipt of comments, a final Draft Plan Protection Agency’s (EPA) National are to be peer-reviewed by an HEI- will be circulated to Chesapeake Bay Center for Environmental Assessment, assembled panel of experts and then Program signatory partners for approval. within the Agency’s Office of Research included in an HEI Report, to be made It is expected that the final Plan will be and Development, is announcing a available in early 2003. The peer- adopted by the Chesapeake Executive Workshop on GAM-Related Statistical reviewed reanalyses in the HEI Report Council in 2003. On November 4, 2002, Issues in Particulate Matter (PM) will be considered by NCEA–RTP staff the Draft Plan will be available on-line Epidemiology. The workshop is open to in preparing revised draft chapters at the EPA Region III Web site the public. bearing on PM epidemiology studies for www.epa.gov/r3chespk/, or by regular DATES: The workshop will begin on inclusion in a Fourth External Review mail from the EPA Chesapeake Bay November 4, 2002, at 8:45 a.m. and will Draft of EPA’s Air Quality Criteria Program Office (Phone: (410) 267–5700). conclude on November 6, at 4 p.m. Document for PM to be released next Comments should be postmarked no ADDRESSES: The workshop will be held spring for public comment (60 days) and later than December 4, 2002. Comments at the Sheraton Imperial Hotel, 4700 Clean Air Scientific Advisory can be sent either by email to Emperor Boulevard, Durham, North Committee (CASAC) review at a public [email protected] or by regular mail to Carolina 27703. Logistics for the meeting in mid-summer 2003. The final Michael Fritz, U.S. EPA, 410 Severn workshop are being arranged by Science version of the PM Criteria Document Avenue, Suite 109, Annapolis, MD Applications International Corporation will ultimately provide key scientific 21403. Further information about the (SAIC), an EPA contractor. The public is bases for the now ongoing Chesapeake Bay Program and oysters in invited to attend the workshop. Persons Congressionally mandated periodic the bay is available at wanting to register for the GAM review of the PM National Ambient Air www.chesapeakebay.net. workshop may do so at the following Quality Standards (PM NAAQS). Web site http://www.cvent.com. The A detailed agenda for the meeting will Diana Esher, event code is EPHVP19M8U. be made available via the above-listed Deputy Director, Chesapeake Bay Program Office. FOR FURTHER INFORMATION CONTACT: For Web site or contact person. [FR Doc. 02–27346 Filed 10–25–02; 8:45 am] workshop information, registration, and Dated: October 22, 2002. BILLING CODE 6560–50–P logistics, contact Alina Martin, Science Art Payne, Applications International Corporation, Acting Director, National Center for 11251 Roger Bacon Drive, Reston, VA Environmental Assessment. 20190; telephone: 703–318–4678; FEDERAL DEPOSIT INSURANCE [FR Doc. 02–27491 Filed 10–28–02; 8:45 am] facsimile:703–736–0826; or e-mail at CORPORATION [email protected]. BILLING CODE 6560–50–P For technical information, contact Dr. Agency Information Collection Robert Elias, U.S. EPA, NCEA–RTP, Activities: Proposed Collection; ENVIRONMENTAL PROTECTION B243–01, Research Triangle Park, NC Comment Request AGENCY 27711; telephone: 919–541–4167; AGENCY: Federal Deposit Insurance [FRL–7400–7] facsimile: 919–541–1818; or e-mail: Corporation (FDIC). [email protected]. Draft Chesapeake Bay Comprehensive ACTION: Notice and request for comment. SUPPLEMENTARY INFORMATION: The Oyster Management Plan; Availability workshop, which is being organized in SUMMARY: The FDIC, as part of its coordination with the Health Effects The U.S. Environmental Protection continuing effort to reduce paperwork Institute (HEI), is being held to provide Agency’s Chesapeake Bay Program and respondent burden, invites the a forum (open to the public) for Office, on behalf of the partners of the general public and other Federal discussion of: (a) Newly identified Chesapeake Bay Program, announces agencies to take this opportunity to issues related to the conduct of General the availability of the Draft Chesapeake comment on proposed and/or Additive Model (GAM) analyses, using Bay Comprehensive Oyster Management continuing information collections, as commercially available software Plan for a 30-day period of public required by the Paperwork Reduction packages (e.g., S-plus or SAS), in time- review and comment. The Draft Plan Act of 1995 (44 U.S.C. chapter 35). series studies of relationships between addresses both habitat restoration and Currently, the FDIC is soliciting ambient air particulate matter (PM) and oyster fishery management. It comments concerning the following

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collections of information titled: (1) Total Annual Burden: 2,500 hours. TIME AND PLACE: Wednesday, November Interagency Notice of Change in Director General Description of Collection: 13, 2002, from 9 a.m. to 12:30 p.m., and or Executive Officer, and (2) Customer This collection permits the FDIC to 1:30 to 3:30 p.m. The meeting will be Assistance. collect information from customers of held in the FDIC Board Room on the DATES: Comments must be submitted on financial institutions who have sixth floor of the FDIC Building located or before December 27, 2002. inquiries or complaints about service. at 550 17th Street, NW., Washington, ADDRESSES: Interested parties are Customers may document their DC. invited to submit written comments to complaints or inquiries to the FDIC AGENDA: The agenda items include Tamara R. Manly, Management Analyst using a letter or on an optional form. discussion of the FDIC organizational (Consumer and Compliance Unit), (202) Request for Comment structure, corporate priorities and 898–7453, Legal Division, Room MB– challenges for the future. Agenda items Comments are invited on: (a) Whether 3109, Attention: Comments/Legal, are subject to change. Any changes to the collection of information is Federal Deposit Insurance Corporation, the agenda will be announced at the necessary for the proper performance of 550 17th Street NW., Washington, DC beginning of the meeting. the FDIC’s functions, including whether 20429. All comments should refer to the the information has practical utility; (b) TYPE OF MEETING: The meeting will be OMB control number. Comments may the accuracy of the estimates of the open to the public, limited only by the be hand-delivered to the guard station at burden of the information collection, space available on a first-come, first- the rear of the 17th Street Building including the validity of the served basis. For security reasons, (located on F Street), on business days methodology and assumptions used; (c) members of the public must present a between 7 a.m. and 5 p.m. (FAX number ways to enhance the quality, utility, and photo identification to enter the (202) 898–3838; Internet address: clarity of the information to be building. The FDIC will provide [email protected]). attendees with auxiliary aids (e.g., sign A copy of the comments may also be collected; and (d) ways to minimize the burden of the information collection on language interpretation) required for submitted to the OMB desk officer for this meeting. Those attendees needing the FDIC: Joseph F. Lackey, Jr., Office of respondents, including through the use of automated collection techniques or such assistance should call (202) 416– Information and Regulatory Affairs, 2089 (Voice); (202) 416–2007 (TTY), at Office of Management and Budget, New other forms of information technology. At the end of the comment period, the least two days before the meeting to Executive Office Building, Room 10236, comments and recommendations make necessary arrangements. Written Washington, DC 20503. received will be analyzed to determine statements may be filed with the FOR FURTHER INFORMATION CONTACT: the extent to which the collection committee before or after the meeting. Tamara R. Manly, at the address should be modified prior to submission FOR FURTHER INFORMATION: Requests for identified above. to OMB for review and approval. further information concerning the SUPPLEMENTARY INFORMATION: Comments submitted in response to this meeting may be directed to Mr. Robert Proposal To Renew the Following notice also will be summarized or E. Feldman, Committee Management Currently Approved Collections of included in the FDIC’s requests to OMB Officer of the Corporation, at (202) 898– Information for renewal of these collections. All 3742. comments will become a matter of 1. Title: Interagency Notice of Change Dated: October 23, 2002. public record. Federal Deposit Insurance Corporation. in Director or Executive Officer. OMB Number: 3064–0097. Dated at Washington, DC this 21st day of Robert E. Feldman, Frequency of Response: On occasion. October, 2002. Committee Management Officer. Affected Public: All financial Federal Deposit Insurance Corporation. [FR Doc. 02–27324 Filed 10–25–02; 8:45 am] institutions. Robert E. Feldman, BILLING CODE 6714–01–P Estimated Number of Respondents: Executive Secretary. 200. [FR Doc. 02–27269 Filed 10–25–02; 8:45 am] Estimated Time per Response: 2 BILLING CODE 6714–01–P FEDERAL EMERGENCY hours. MANAGEMENT AGENCY Total Annual Burden: 400 hours. [FEMA–1433–DR] General Description of Collection: The FEDERAL DEPOSIT INSURANCE Interagency Notice of Change in Director CORPORATION or Executive Officer is submitted Indiana; Amendment No. 2 to Notice of a Major Disaster Declaration regarding the proposed addition of any FDIC Advisory Committee on Banking individual to the board of directors or Policy; Notice of Meeting AGENCY: Federal Emergency the employment of any individual as a Management Agency (FEMA). senior executive officer. The AGENCY: Federal Deposit Insurance ACTION: Notice. information is used by the FDIC to make Corporation (FDIC). an evaluation of the general character of ACTION: Notice of open meeting. SUMMARY: This notice amends the notice individuals who will be involved in the SUMMARY: In accordance with the of a major disaster declaration for the management of depository institutions, Federal Advisory Committee Act (Pub. State of Indiana, (FEMA–1433–DR), as required by statute. L. 92–463, as amended), notice is hereby dated September 25, 2002, and related 2. Title: Customer Assistance. determinations. OMB Number: 3064–0134. given of the first meeting of the FDIC Frequency of Response: On occasion. Advisory Committee on Banking Policy EFFECTIVE DATE: October 15, 2002. Affected Public: All financial (‘‘Advisory Committee’’), which will be FOR FURTHER INFORMATION CONTACT: institutions. held in Washington, DC. The Advisory Magda Ruiz, Response and Recovery Estimated Number of Respondents: Committee will provide advice and Directorate, Federal Emergency 5,000. recommendations on a broad range of Management Agency, Washington, DC Estimated Time per Response: 30 issues relating to the FDIC’s mission and 20472, (202) 646–2705 or minutes. activities. [email protected].

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SUPPLEMENTARY INFORMATION: The notice Other Needs, 83.544, Public Assistance State of Texas, (FEMA–1434–DR), dated of a major disaster declaration for the Grants; 83.548, Hazard Mitigation Grant September 26, 2002, and related State of Indiana is hereby amended to Program) determinations. include the following area among those Joe M. Allbaugh, EFFECTIVE DATE: October 15, 2002. areas determined to have been adversely Director. FOR FURTHER INFORMATION CONTACT: affected by the catastrophe declared a [FR Doc. 02–27316 Filed 10–25–02; 8:45 am] Magda Ruiz, Response and Recovery major disaster by the President in his BILLING CODE 6718–02–P Directorate, Federal Emergency declaration of September 25, 2002: Management Agency, Washington, DC Madison County for Public Assistance 20472, (202) 646–2705 or (already designated for Individual FEDERAL EMERGENCY [email protected]. Assistance). MANAGEMENT AGENCY SUPPLEMENTARY INFORMATION: The notice (The following Catalog of Federal Domestic [FEMA–1435–DR] Assistance Numbers (CFDA) are to be used of a major disaster declaration for the State of Texas is hereby amended to for reporting and drawing funds: 83.537, Louisiana; Amendment No. 1 to Notice Community Disaster Loans; 83.538, Cora include the following area among those Brown Fund Program; 83.539, Crisis of a Major Disaster Declaration areas determined to have been adversely Counseling; 83.540, Disaster Legal Services AGENCY: Federal Emergency affected by the catastrophe declared a Program; 83.541, Disaster Unemployment Management Agency (FEMA). major disaster by the President in his Assistance (DUA); 83.556, Fire Management ACTION: Notice. declaration of September 26, 2002: Assistance; 83.543, Individual and Family Webb County for Individual Assistance. Grant (IFG) Program; 83.544, Public SUMMARY: Assistance Grants; 83.545, Disaster Housing This notice amends the notice (The following Catalog of Federal Domestic Program; 83.548, Hazard Mitigation Grant of a major disaster for the State of Assistance Numbers (CFDA) are to be used Program) Louisiana (FEMA–1435–DR), dated for reporting and drawing funds: 83.537, September 27, 2002, and related Community Disaster Loans; 83.538, Cora Joe M. Allbaugh, determinations. Brown Fund Program; 83.539, Crisis Director. Counseling; 83.540, Disaster Legal Services EFFECTIVE DATE: October 1, 2002. [FR Doc. 02–27319 Filed 10–25–02; 8:45 am] Program; 83.541, Disaster Unemployment FOR FURTHER INFORMATION CONTACT: Assistance (DUA); 83.556, Fire Management BILLING CODE 6718–02–P Magda Ruiz, Response and Recovery Assistance; 83.543, Individual and Family Directorate, Federal Emergency Grant (IFG) Program; 83.544, Public Management Agency, Washington, DC Assistance Grants; 83.545, Disaster Housing FEDERAL EMERGENCY Program; 83.548, Hazard Mitigation Grant MANAGEMENT AGENCY 20472, (202) 646–2705 or [email protected]. Program.) [FEMA–1437–DR] SUPPLEMENTARY INFORMATION: Notice is Joe M. Allbaugh, Louisiana; Amendment No. 1 to Notice hereby given that the incident period for Director. of a Major Disaster Declaration this disaster is closed effective October [FR Doc. 02–27318 Filed 10–25–02; 8:45 am] 1, 2002. BILLING CODE 6718–02–P AGENCY: Federal Emergency (The following Catalog of Federal Domestic Management Agency (FEMA). Assistance Numbers (CFDA) are to be used ACTION: Notice. for reporting and drawing funds: 83.537, FEDERAL RESERVE SYSTEM Community Disaster Loans; 83.538, Cora SUMMARY: This notice amends the notice Brown Fund Program; 83.539, Crisis of a major disaster for the State of Change in Bank Control Notices; Counseling; 83.540, Disaster Legal Services Acquisition of Shares of Bank or Bank Louisiana (FEMA–1437–DR), dated Program; 83.541, Disaster Unemployment October 3, 2002, and related Assistance (DUA); 83.556, Fire Management Holding Companies determinations. Assistance; 83.543, Individual and Family The notificants listed below have Grant (IFG) Program; 83.544, Public applied under the Change in Bank EFFECTIVE DATE: October 16, 2002. Assistance Grants; 83.545, Disaster Housing FOR FURTHER INFORMATION CONTACT: Program; 83.548, Hazard Mitigation Grant Control Act (12 U.S.C. 1817(j)) and Magda Ruiz, Response and Recovery Program.) § 225.41 of the Board’s Regulation Y (12 Directorate, Federal Emergency CFR 225.41) to acquire a bank or bank Management Agency, Washington, DC Joe M. Allbaugh, holding company. The factors that are 20472, (202) 646–2705 or Director. considered in acting on the notices are [email protected]. [FR Doc. 02–27317 Filed 10–25–02; 8:45 am] set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). SUPPLEMENTARY INFORMATION: Notice is BILLING CODE 6718–02–P The notices are available for hereby given that the incident period for immediate inspection at the Federal this disaster is closed effective October Reserve Bank indicated. The notices 16, 2002. FEDERAL EMERGENCY MANAGEMENT AGENCY also will be available for inspection at (The following Catalog of Federal Domestic the office of the Board of Governors. Assistance Numbers (CFDA) are to be used [FEMA–1434–DR] Interested persons may express their for reporting and drawing funds: 83.537, views in writing to the Reserve Bank Community Disaster Loans; 83.538, Cora Texas; Amendment No. 3 to Notice of indicated for that notice or to the offices Brown Fund Program; 83.539, Crisis a Major Disaster Declaration of the Board of Governors. Comments Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment AGENCY: Federal Emergency must be received not later than Assistance (DUA); 83.556, Fire Management Management Agency (FEMA). November 12, 2002. Assistance; 83.558, Individual and ACTION: Notice. A. Federal Reserve Bank of Household Housing; 83.559, Individual and Richmond (A. Linwood Gill, III, Vice Household Disaster Housing Operations; SUMMARY: This notice amends the notice President) 701 East Byrd Street, 83.560 Individual and Household Program- of a major disaster declaration for the Richmond, Virginia 23261-4528:

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1. Charles F. Sposato, Elkton, writing on the standards enumerated in or you may register on-line. You may Maryland; to acquire additional voting the BHC Act (12 U.S.C. 1842(c)). If the pre-register until close of business shares of Cecil Bancorp, Inc., Elkton, proposal also involves the acquisition of October 30, 2002. You also will be asked Maryland, and thereby indirectly a nonbanking company, the review also to provide identifying information, acquire additional voting shares of Cecil includes whether the acquisition of the including a photo ID, before being Federal Bank, Elkton, Maryland. nonbanking company complies with the admitted to the Board meeting. The B. Federal Reserve Bank of St. Louis standards in section 4 of the BHC Act Public Affairs Office must approve the (Randall C. Sumner, Vice President) 411 (12 U.S.C. 1843). Unless otherwise use of cameras; please call (202) 452– Locust Street, St. Louis, Missouri 63166- noted, nonbanking activities will be 2955 for further information. 2034: conducted throughout the United States. Privacy Act Notice: Providing the 1. Harrell Investment Partners Limited Additional information on all bank information requested is voluntary; Partnership, Camden, Arkansas, and holding companies may be obtained however, failure to provide your name, Searcy W. Harrell, Jr., and Peggy Harrell, from the National Information Center date of birth, and social security number Camden, Arkansas, as general partners, website at www.ffiec.gov/nic/. or passport number may result in denial to gain control of Harrell Bancshares, Unless otherwise noted, comments of entry to the Federal Reserve Board. Inc., Camden, Arkansas, and thereby regarding each of these applications This information is solicited pursuant to indirectly acquire voting shares of must be received at the Reserve Bank Sections 10 and 11 of the Federal Calhoun County Bank, Hampton, indicated or the offices of the Board of Reserve Act and will be used to Arkansas, and First Bank of South Governors not later than November 21, facilitate a search of law enforcement Arkansas, Camden, Arkansas. 2002. databases to confirm that no threat is C. Federal Reserve Bank of San A. Federal Reserve Bank of Atlanta posed to Board employees or property. Francisco (Maria Villanueva, Consumer (Sue Costello, Vice President) 1000 It may be disclosed to other persons to Regulation Group) 101 Market Street, Peachtree Street, N.E., Atlanta, Georgia evaluate a potential threat. The San Francisco, California 94105-1579: 3030-B4470: information also may be provided to law 1. Nagy Family Limited Partnership I, 1. Southwest Florida Community enforcement agencies, courts and others, a Washington limited partnership, Bancorp, Inc., Fort Myers, Florida; to but only to the extent necessary to Ferenc Nagy and Susanna Nagy, general acquire at least 50 percent of the voting investigate or prosecute a violation of partners, and Ferenc Nagy and Eva shares of Sanibel Captiva Community law. Brevick, as individuals, all of Seattle, Bank, Sanibel, Florida (in organization). MATTERS TO BE CONSIDERED: Washington; to acquire voting shares of B. Federal Reserve Bank of Kansas Viking Financial Services Corp., Seattle, City (Susan Zubradt, Assistant Vice Summary Agenda Washington, and thereby indirectly President) 925 Grand Avenue, Kansas Because of the routine nature, no acquire voting shares of Viking City, Missouri 64198-0001: discussion of the following item is Community Bank, Seattle, Washington. 1. Platte Valley Financial Service anticipated. The matter will be voted on Board of Governors of the Federal Reserve Companies, Inc., Scottsbluff, Nebraska; without discussion unless a member of System, October 22, 2002. to retain 100 percent of the voting the Board requests that the item be Robert deV. Frierson, shares of Tri-County Bank National moved to the discussion agenda. Deputy Secretary of the Board. Association, Cheyenne, Wyoming. 1. Proposed 2003 Private Sector [FR Doc. 02–27307 Filed 10–25–02; 8:45 am] Board of Governors of the Federal Reserve Adjustment Factor. BILLING CODE 6210–01–S System, October 22, 2002. Discussion Agenda Robert deV. Frierson, 2. Final amendments to Regulation B Deputy Secretary of the Board. FEDERAL RESERVE SYSTEM (Equal Credit Opportunity) that would [FR Doc. 02–27308 Filed 10–25–02; 8:45 am] conclude the Board’s review of the Formations of, Acquisitions by, and BILLING CODE 6210–01–S regulation. (Proposed earlier for public Mergers of Bank Holding Companies comment; Docket No. 1008) 3. Final amendments to Regulation A The companies listed in this notice BOARD OF GOVERNORS OF THE (Extensions of Credit by Federal Reserve have applied to the Board for approval, FEDERAL RESERVE SYSTEM Banks) and Regulation D (Reserve pursuant to the Bank Holding Company Requirements for Depository Sunshine Act Meeting Act of 1956 (12 U.S.C. 1841 et seq.) Institutions) that would implement (BHC Act), Regulation Y (12 CFR Part AGENCY HOLDING THE MEETING: Board of revisions to discount-window programs. 225), and all other applicable statutes Governors of the Federal Reserve (Proposed earlier for public comment; and regulations to become a bank System. Docket No. 1123) holding company and/or to acquire the 4. Proposals regarding sections 23A TIME AND DATE: assets or the ownership of, control of, or 10 a.m., Thursday, and 23B of the Federal Reserve Act: the power to vote shares of a bank or October 31, 2002. a. Final rules that would bank holding company and all of the PLACE: Marriner S. Eccles Federal comprehensively implement sections banks and nonbanking companies Reserve Board Building, 20th Street 23A and 23B through new Regulation W owned by the bank holding company, entrance between Constitution Avenue (Transactions Between Member Banks including the companies listed below. and C Streets, NW., Washington, DC and Their Affiliates). (Proposed earlier The applications listed below, as well 20551. for public comment; Docket No. 1103); as other related filings required by the STATUS: Open. and rescind the Board’s existing formal Board, are available for immediate We ask that you notify us in advance interpretations of sections 23A and 23B inspection at the Federal Reserve Bank if you plan to attend the open meeting in light of Regulation W; and indicated. The application also will be and provide your name, date of birth, b. Publish for comment a proposed available for inspection at the offices of and social security number (SSN) or rule that would limit the availability of the Board of Governors. Interested passport number. You may provide this an exemption from section 23A persons may express their views in information by calling (202) 452–2474 provided in section 250.250 of the

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Board’s formal interpretations for loans prosecution or civil action, number 2 and Children’s Health Insurance purchased by a bank from an affiliate. pertaining to state or local licensing Program (Title XXI) have been 5. Proposed 2003 fees for priced authorities (including state medical committed, determine if HHS has made services and electronic connections. review boards), professional review a proper payment as prescribed under 6. Any items carried forward from a organizations, peer review groups, applicable sections of the Act and previously announced meeting. medical consultants, or other whether these programs have been Note: This meeting will be recorded for the professional associations for possible abused, coordinate investigations benefit of those unable to attend. Cassettes administrative action, number 3 related to Medicare, Medicaid, HMO/ will be available for listening in the Board’s pertaining to * * * officers and Managed Care, and Children’s Health Freedom of Information Office and copies employees of state governments * * * Insurance Program, and prevent may be ordered for $6 per cassette by calling Civilian Health and Medical Program of duplications, and provide case file 202–452–3684 or by writing to: Freedom of the Uniformed Services (CHAMPUS) material to the HHS Office of Inspector Information Office, Board of Governors of the * * * as well as states attorneys * * *, General when a case is referred for fraud Federal Reserve System, Washington, DC number 4 pertaining to * * * third investigation. Information retrieved 20551. parties for the purpose of establishing or from this SOR will also be disclosed to: FOR FURTHER INFORMATION CONTACT: negating a violation, number 5 (1) Support regulatory and policy Michelle A. Smith, Assistant to the pertaining to * * * cases involving functions performed within the Agency Board; 202–452–2955. fraudulent tax returns or forger of or by a contractor or consultant; (2) Medicare checks to the Treasury support constituent requests made to SUPPLEMENTARY INFORMATION: You may Department, postal authorities, or to call 202–452–3206 for a recorded congressional representatives; (3) appropriate law enforcement announcement of this meeting; or you support litigation involving the Agency authorities, and an unnumbered routine may contact the Board’s Web site at related to this system; and (4) combat use authorizing disclosure to the Social http://www.federalreserve.gov for an fraud and abuse in certain health care Security Administration (SSA). electronic announcement. (The Web site programs. We have provided Disclosures of the data allowed in background information about the also includes procedural and other routine uses number 1, 2, 3, 4, 5, and information about the open meeting.) modified system in the ‘‘Supplementary to the SSA will be accomplished by a Information’’ section below. Although Dated: October 24, 2002. new routine use ‘‘to combat fraud and the Privacy Act requires only that CMS Robert deV. Frierson, abuse in certain health benefits provide an opportunity for interested Deputy Secretary of the Board. programs’’ and will be numbered as persons to comment on the proposed [FR Doc. 02–27524 Filed 10–24–02; 3:07 pm] routine use number 5. We propose a routine uses, CMS invites comments on BILLING CODE 6210–01–P new routine use number 1 specifically all portions of this notice. See ‘‘Effective for the release of information in the Dates’’ section for comment period. system to a contractor or consultant who EFFECTIVE DATES: CMS filed a modified DEPARTMENT OF HEALTH AND need to have access to the records in or altered system report with the Chair HUMAN SERVICES order to assist CMS. We propose a new of the House Committee on Government routine use number 4 specifically for the Reform and Oversight, the Chair of the Centers for Medicare & Medicaid release of information in the system to Senate Committee on Governmental Services a contractor that assists in the Affairs, and the Administrator, Office of administration of a CMS-administered Information and Regulatory Affairs, Privacy Act of 1974; Report of Modified health benefits program, or to a grantee Office of Management and Budget or Altered System of a CMS-administered grant program to (OMB) on September 9, 2002. To ensure combat fraud and abuse. We propose to that all parties have adequate time in AGENCY: Centers for Medicare & modify the language of routine uses which to comment, the modified or Medicaid Services (CMS) (formerly the number 6 and number 7 to clarify the altered SOR, including routine uses, Health Care Financing Administration), circumstances for disclosure under will become effective 40 days from the Department of Health and Human these routine uses and change the publication of the notice, or from the Services (HHS). numbers of these routine uses to date it was submitted to OMB and the ACTION: Notice of modified or altered number 2 and number 3. congress, whichever is later, unless system of records (SOR). The security classification previously reported as ‘‘None’’ will be modified to CMS receives comments that require SUMMARY: In accordance with the reflect that the data in this system is alterations to this notice. requirements of the Privacy Act of 1974, considered to be ‘‘Level Three Privacy ADDRESSES: The public should address we are proposing to modify or alter a Act Sensitive.’’ The routine uses will comments to: Director, Division of Data SOR, ‘‘CMS Utilization Review then be prioritized and reordered Liaison and Distribution, Office of Investigatory Files, System No. 09–70– according to their proposed usage. We Information Services, CMS, Room N2– 0527.’’ We propose to change the name will also take the opportunity to update 04–27, 7500 Security Boulevard, of this system to ‘‘CMS Fraud any sections of the system that were Baltimore, Maryland 21244–1850. Investigation Database (FID),’’ to more affected by the recent reorganization Comments received will be available for accurately reflect the increase in scope and to update language in the review at this location, by appointment, proposed by this modification. We administrative sections to correspond during regular business hours, Monday propose to broaden the scope of with language used in other CMS SOR. through Friday from 9 a.m.–3 p.m., responsibility and activities covered by The primary purpose of this SOR is to eastern daylight time. this system to include activities related identify if a violation(s) of a provision FOR FURTHER INFORMATION CONTACT: to fraud and abuse in all health care of the Social Security Act (the Act) or Mark Koepke, Division of Program programs administered by CMS. We are a related penal or civil provision of the Integrity Operations, Program Integrity deleting routine uses number 1 United States Code (U.S.C.) related to Group, Office of Financial Management, pertaining to Department of Justice Medicare (Title XVIII), Medicaid (Title CMS, Mail-stop C3–02–16, 7500 (DOJ) for consideration of criminal XIX), HMO/Managed Care (Title XX), Security Boulevard, Baltimore,

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Maryland 21244–1850. The telephone non-identifiable data may be disclosed disclosure of information under these number is 410–786–0524. under a routine use. Identifiable data routine uses will be evaluated to ensure SUPPLEMENTARY INFORMATION: includes individual records with FID that the disclosure is legally information and identifiers. Non- permissible, including but not limited to I. Description of the Modified System identifiable data includes individual ensuring that the purpose of the A. Statutory and Regulatory Basis for records with FID information and disclosure is compatible with the SOR masked identifiers or FID information purpose for which the information was In 1988, CMS established a SOR the with identifiers stripped out of the file. collected. We are proposing to establish authority of sections 205, 1106, 1107, We will only collect the minimum or modify the following routine use 1815, 1816, 1833, 1842, 1872, 1874, personal data necessary to achieve the disclosures of information maintained 1876, 1877, and 1902 of the Act, United purpose of FID. CMS has the following in the system: States Code (U.S.C.) sections 405, 1306, policies and procedures concerning 1. To Agency contractors, or 1307, 1395g, 1395h, 1395l, 1395u, disclosures of information that will be consultants who have been engaged by 1395ii, 1395kk, 1395mm, 1395nn, and maintained in the system. In general, the Agency to assist in accomplishment 1396a). Notice of this system, ‘‘CMS disclosure of information from the of a CMS function relating to the Utilization Review Investigatory Files, system of records will be approved only purposes for this system of records and System No. 09–70–0527,’’ was for the minimum information necessary who need to have access to the records published in the Federal Register at 53 to accomplish the purpose of the in order to assist CMS. FR 52792, (Dec. 29, 1988), an disclosure only after CMS: We contemplate disclosing unnumbered routine use was added for 1. Determines that the use or information under this routine use only SSA at 61 FR 6645 (Feb. 21, 1996), three disclosure is consistent with the reason in situations in which CMS may enter new fraud and abuse routine uses were that the data is being collected, e.g., into a contractual or similar agreement added at 63 FR 38414 (July 16, 1998), disclosure of individual-specific with a third party to assist in and then at 65 FR 50552 (Aug. 18, information for the purposes of accomplishing a CMS function relating 2000), two of the fraud and abuse combating fraud and abuse in a health to purposes for this system of records. routine uses were revised and a third benefits program funded in whole or in CMS occasionally contracts out deleted. part by Federal funds. certain of its functions when doing so 2. Determines: would contribute to effective and II. Collection and Maintenance of Data a. That the purpose for which the efficient operations. CMS must be able in the System disclosure is to be made can only be to give a contractor or consultant A. Scope of the Data Collected accomplished if the record is provided whatever information is necessary for in individually identifiable form; the contractor or consultant to fulfill its The system contains the name, work b. That the purpose for which the duties. In these situations, safeguards address, work phone number, social disclosure is to be made is of sufficient security number, Unique Provider are provided in the contract prohibiting importance to warrant the effect and/or Identification Number (UPIN), and other the contractor or consultant from using risk on the privacy of the individual that identifying demographics of individuals or disclosing the information for any additional exposure of the record might alleged to have violated provision of the purpose other than that described in the bring; and Act related to Medicare, Medicaid, contract and requires the contractor or c. That there is a strong probability HMO/Managed Care, and Children’s consultant to return or destroy all that the proposed use of the data would Health Insurance Program or other information at the completion of the in fact accomplish the stated purpose(s). criminal/civil statutes as they pertain to contract. 3. Requires the information recipient The Act programs where substantial 2. To a Member of Congress or to a to: congressional staff member in response basis for criminal/civil prosecution a. Establish administrative, technical, exist, defendants in criminal to an inquiry of the congressional office and physical safeguards to prevent made at the written request of the prosecution cases, or persons alleged to unauthorized use of disclosure of the have abused the programs. The last constituent about whom the record is record; maintained. category of individuals would, for b. Remove or destroy at the earliest example, include persons alleged to Beneficiaries and other individuals time all individually identifiable often request the help of a Member of have rendered unnecessary services to information; and Medicare beneficiaries or Medicaid Congress in resolving an issue relating c. Agree to not use or disclose the to a matter before CMS. The Member of recipients, over utilized services, or information for any purpose other than engaged in improper billing. Congress then writes CMS, and CMS the stated purpose under which the must be able to give sufficient B. Agency Policies, Procedures, and information was disclosed. information to be responsive to the Restrictions on the Routine Use 4. Determines that the data are valid inquiry. The Privacy Act permits us to disclose and reliable. 3. To the Department of Justice (DOJ), information without an individual’s III. Proposed Routine Use Disclosures court or adjudicatory body when: consent if the information is to be used of Data in the System a. The Agency or any component for a purpose, which is compatible with thereof, or the purpose(s) for which the A. Entities Who May Receive b. Any employee of the Agency in his information was collected. Any such Disclosures Under Routine Use or her official capacity, or disclosure of data is known as a These routine uses specify c. Any employee of the Agency in his ‘‘routine use.’’ The government will circumstances, in addition to those or her individual capacity where the only release FID information that can be provided by statute in the Privacy Act DOJ has agreed to represent the associated with an individual as of 1974, under which CMS may release employee, or provided for under ‘‘Section III. Entities information from the FID without the d. The United States Government, Who May Receive Disclosures Under consent of the individual to whom such is a party to litigation or has an interest Routine Use.’’ Both identifiable and information pertains. Each proposed in such litigation, and by careful review,

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CMS determines that the records are regulation ‘‘Standards for Privacy of the Agency level. This prevents both relevant and necessary to the Individually Identifiable Health unauthorized users from accessing and litigation. Information’’ (45 CFR parts 160 and 164, modifying critical data. The system Whenever CMS is involved in 65 FR 82462 (12–28–00), as amended by database configuration includes five litigation, or occasionally when another 66 FR 12434 (2–26–01)). Disclosures of classes of database users: party is involved in litigation and CMS’s Protected Health Information authorized • Database Administrator class owns policies or operations could be affected by these routine uses may only be made the database objects, e.g., tables, triggers, by the outcome of the litigation, CMS if, and as, permitted or required by the indexes, stored procedures, packages, would be able to disclose information to ‘‘Standards for Privacy of Individually and has database administration the DOJ, court or adjudicatory body Identifiable Health Information.’’ privileges to these objects; involved. In addition, our policy will be to • Quality Control Administrator class 4. To a CMS contractor (including, but prohibit release even of non-identifiable has read and write access to key fields not limited to fiscal intermediaries and data, except pursuant to one of the in the database; carriers) that assists in the routine uses, if there is a possibility that • Quality Indicator Report Generator administration of a CMS-administered an individual can be identified through class has read-only access to all fields health benefits program, or to a grantee implicit deduction based on small cell and tables; • of a CMS-administered grant program, sizes (instances where the patient Policy Research class has query when disclosure is deemed reasonably population is so small that individuals access to tables, but are not allowed to necessary by CMS to prevent, deter, who are familiar with the enrollees access confidential personal discover, detect, investigate, examine, could, because of the small size, use this identification information; and • prosecute, sue with respect to, defend information to deduce the identity of Submitter class has read and write against, correct, remedy, or otherwise the beneficiary). access to database objects, but no combat fraud or abuse in such program. database administration privileges. We contemplate disclosing IV. Safeguards B. Physical Safeguards information under this routine use only A. Administrative Safeguards in situations in which CMS may enter All server sites have implemented the into a contract or grant with a third The FID system will conform to following minimum requirements to party to assist in accomplishing CMS applicable law and policy governing the assist in reducing the exposure of functions relating to the purpose of privacy and security of Federal computer equipment and thus achieve combating fraud and abuse. automated information systems. These an optimum level of protection and CMS occasionally contracts out include but are not limited to: the security for the FID system: Access to all certain of its functions when doing so Privacy Act of 1974, Computer Security servers is controlled, with access would contribute to effective and Act of 1987, the Paperwork Reduction limited to only those support personnel efficient operations. CMS must be able Act (PRA) of 1995, the Clinger-Cohen with a demonstrated need for access. to give a contractor or grantee whatever Act of 1996, and OMB Circular A–130, Servers are to be kept in a locked room information is necessary for the appendix III, ‘‘Security of Federal accessible only by specified contractor or grantee to fulfill its duties. Automated Information Resources.’’ management and system support In these situations, safeguards are CMS has prepared a comprehensive personnel. Each server requires a provided in the contract prohibiting the system security plan as required by the specific log-on process. All entrance contractor or grantee from using or Office and Management and Budget doors are identified and marked. A log disclosing the information for any (OMB) Circular A–130, appendix III. is kept of all personnel who were issued purpose other than that described in the This plan conforms fully to guidance a security card key and/or combination contract and requiring the contractor or issued by the National Institute for that grants access to the room housing grantee to return or destroy all Standards and Technology (NIST) in the server, and all visitors are escorted information. NIST Special Publication 800–18, while in this room. All servers are 5. To another Federal agency or to an ‘‘Guide for Developing Security Plans housed in an area where appropriate instrumentality of any governmental for Information Technology Systems.’’ environmental security controls are jurisdiction within or under the control Paragraphs A–C of this section highlight implemented, which include measures of the United States (including any state some of the specific methods that CMS implemented to mitigate damage to or local governmental agency), that is using to ensure the security of this Automated Information System administers, or that has the authority to system and the information within it. resources caused by fire, electricity, investigate potential fraud or abuse in a Authorized users: Personnel having water, and inadequate climate controls. health benefits program funded in access to the system have been trained Protection applied to the whole or in part by Federal funds, when in Privacy Act requirements. Employees workstations, servers and databases disclosure is deemed reasonably who maintain records in the system are include: necessary by CMS to prevent, deter, instructed not to release any data until • User Log-ons—Authentication is discover, detect, investigate, examine, the intended recipient agrees to performed by the Primary Domain prosecute, sue with respect to, defend implement appropriate administrative, Controller/Backup Domain Controller of against, correct, remedy, or otherwise technical, procedural, and physical the log-on domain. combat fraud or abuse in such programs. safeguards sufficient to protect the • Workstation Names—Workstation Other agencies may require FID confidentiality of the data and to naming conventions may be defined and information for the purpose of prevent unauthorized access to the data. implemented at the Agency level. combating fraud and abuse in such Records are used in a designated work • Hours of Operation—May be Federally funded programs. area or workstation and the system restricted by Windows NT. When location is attended at all times during activated all applicable processes will A. Additional Circumstances Affecting working hours. automatically shut down at a specific Routine Use Disclosures To assure security of the data, the time and not be permitted to resume This SOR contains Protected Health proper level of class user is assigned for until the predetermined time. The Information as defined by HHS each individual user as determined at appropriate hours of operation are

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determined and implemented at the addition, CMS will make disclosure of PURPOSE(S): Agency level. identifiable data from the modified The primary purpose of the system of • Inactivity Log-out—Access to the system only with consent of the subject records is to identify if a violation(s) of NT workstation is automatically logged- individual, or his/her legal a provision of the Act or a related penal out after a specified period of inactivity. representative, or in accordance with an or civil provision of the United States • Warnings—Legal notices and applicable exception provision of the Code (U.S.C.) related to Medicare (Title security warnings display on all servers Privacy Act. XVIII), Medicaid (Title XIV), HMO/ and workstations. Managed Care (Title XX), and Children’s • CMS, therefore, does not anticipate an Remote Access Security (RAS)— unfavorable effect on individual privacy Health Insurance Program (Title XXI) Windows NT RAS security handles as a result of the disclosure of have been committed, determine if HHS resource access control. Access to NT information relating to individuals. has made a proper payment as resources is controlled for remote users prescribed under applicable sections of Dated: September 9, 2002. in the same manner as local users, by the Act and whether these programs utilizing Windows NT file and sharing Thomas A. Scully, have been abused, coordinate permissions. Dial-in access can be Administrator, Centers for Medicare & investigations related to Medicare, granted or restricted on a user-by-user Medicaid Services. Medicaid, HMO/Managed Care, and basis through the Windows NT RAS System No. 09–70–0527 Children’s Health Insurance Program, administration tool. and prevent duplications, and provide C. Procedural Safeguards SYSTEM NAME: case file material to the HHS Office of Centers for Medicare & Medicaid the Inspector General when a case is All automated systems must comply referred for fraud investigation. with Federal laws, guidance, and Services (CMS) Fraud Investigation Database (FID), HHS/CMS/OFM. Information retrieved from this system policies for information systems of records will also be disclosed to: security. These include, but are not SECURITY CLASSIFICATION: support regulatory and policy functions limited to: the Privacy Act of 1974, the Level Three Privacy Act Sensitivity. performed within the Agency or by a Computer Security Act of 1987, OMB contractor or consultant, support Circular A–130, revised, Information SYSTEM LOCATION: constituent requests made to a Resource Management Circular #10, congressional representative, support HHS Automated Information Systems CMS Data Center, 7500 Security Boulevard, North Building, First Floor, litigation involving the Agency related Security Program, the CMS Information to this system of records, and to combat Systems Security Policy and Program Baltimore, Maryland 21244–1850. Information in this system is also fraud and abuse in certain health care Handbook, and other CMS systems programs. security policies. Each automated maintained at various remote locations information system should ensure a listed in appendix ‘‘A.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE level of security commensurate with the SYSTEM, INCLUDING CATEGORIES OR USERS AND CATEGORIES OF INDIVIDUALS COVERED BY THE THE PURPOSES OF SUCH USES: level of sensitivity of the data, risk, and SYSTEM: magnitude of the harm that may result These routine uses specify from the loss, misuse, disclosure, or Individuals alleged to have violated circumstances, in addition to those modification of the information provision of the Act related to Medicare provided by statute in the Privacy Act contained in the system. (Title XVIII), Medicaid (Title XIV), of 1974, under which CMS may release HMO/Managed Care (Title XX), and information from the FID without the V. Effect of the Modified System on Children’s Health Insurance Program consent of the individual to whom such Individual Rights (Title XXI) or other criminal/civil information pertains. Each proposed CMS proposes to establish this system statutes as they pertain to the Act disclosure of information under these in accordance with the principles and programs where substantial basis for routine uses will be evaluated to ensure requirements of the Privacy Act and will criminal/civil prosecution exist, that the disclosure is legally collect, use, and disseminate defendants in criminal prosecution permissible, including but not limited to information only as prescribed therein. cases, or persons alleged to have abused ensuring that the purpose of the Data in this system will be subject to the the programs. disclosure is compatible with the authorized releases in accordance with purpose for which the information was CATEGORIES OF RECORDS IN THE SYSTEM: the routine uses identified in this collected. In addition, our policy will be system of records. The system contains the name, work to prohibit release even of non- CMS will monitor the collection and address, work phone number, social identifiable data, except pursuant to one reporting of FID data. FID information security number, Unique Provider of the routine uses, if there is a on individuals is completed by Identification Number (UPIN), and other possibility that an individual can be contractor personnel and submitted to identifying demographics of individuals identified through implicit deduction CMS through standard systems located alleged to have violated provision of the based on small cell sizes (instances at different locations. CMS will utilize Act or persons alleged to have abused where the patient population is so small a variety of onsite and offsite edits and Medicare and/or Medicaid programs. that individuals who are familiar with audits to increase the accuracy of FID the enrollees could, because of the small data. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: size, use this information to deduce the CMS will take precautionary This system was established under identity of the beneficiary). measures (see item IV. above) to the authority of sections 205, 1106, This SOR contains Protected Health minimize the risks of unauthorized 1107, 1815, 1816, 1833, 1842, 1872, Information as defined by HHS access to the records and the potential 1874, 1876, 1877, and 1902 of the Act regulation ‘‘Standards for Privacy of harm to individual privacy or other (Title 42 United States Code (U.S.C.) Individually Identifiable Health personal or property rights. CMS will sections 405, 1306, 1307, 1395g, 1395h, Information’’ (45 CFR parts 160 and 164, collect only that information necessary 1395l, 1395u, 1395ii, 1395kk, 1395mm, 65 FR 82462, December 28, 2000, as to perform the system’s functions. In 1395nn, and 1396a). amended by 66 FR 12434, February 26,

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2001). Disclosures of Protected Health POLICIES AND PRACTICES FOR STORING, the SSN is voluntary, but it may make Information authorized by these routine RETRIEVING, ACCESSING, RETAINING, AND searching for a record easier and prevent uses may only be made if, and as, DISPOSING OF RECORDS IN THE SYSTEM: delay. permitted or required by the ‘‘Standards STORAGE: RECORD ACCESS PROCEDURE: for Privacy of Individually Identifiable Computer diskette and on magnetic Health Information.’’ We are proposing storage media. For purpose of access, use the same to establish or modify the following procedures outlined in Notification routine use disclosures of information RETRIEVABILITY: Procedures above. Requestors should maintained in the system: Information can be retrieved by the also reasonably specify the record 1. To Agency contractors, or name of the subject of the investigation contents being sought. (These consultants who have been engaged by and assigned UPIN number. procedures are in accordance with Department regulation 45 CFR the Agency to assist in accomplishment SAFEGUARDS: 5b.5(a)(2)). of a CMS function relating to the CMS has safeguards for authorized purposes for this system of records and users and monitors such users to ensure CONTESTING RECORD PROCEDURES: who need to have access to the records against excessive or unauthorized use. in order to assist CMS. Personnel having access to the system The subject individual should contact 2. To a Member of Congress or to a have been trained in the Privacy Act the system manager named above, and congressional staff member in response and systems security requirements. reasonably identify the record and to an inquiry of the congressional office Employees who maintain records in the specify the information to be contested. made at the written request of the system are instructed not to release any State the corrective action sought and constituent about whom the record is data until the intended recipient agrees the reasons for the correction with maintained. to implement appropriate supporting justification. (These administrative, technical, procedural, procedures are in accordance with 3. To the Department of Justice (DOJ), Department regulation 45 CFR 5b.7). court or adjudicatory body when: and physical safeguards sufficient to protect the confidentiality of the data RECORD SOURCE CATEGORIES: a. The Agency or any component and to prevent unauthorized access to thereof, or the data. Sources of information contained in b. Any employee of the Agency in his In addition, CMS has physical this records system include data or her official capacity, or safeguards in place to reduce the collected from FID computer files as transmitted by the contractor sites. c. Any employee of the Agency in his exposure of computer equipment and or her individual capacity where the thus achieve an optimum level of protection and security for the FID SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS DOJ has agreed to represent the OF THE ACT: employee, or system. For computerized records, safeguards have been established in HHS claims exemption of certain d. The United States Government, is accordance with the Department of records (case files on active fraud a party to litigation or has an interest in Health and Human Services (HHS) investigations) in the system from such litigation, and by careful review, standards and National Institute of notification and access procedures CMS determines that the records are Standards and Technology guidelines, under 5 U.S.C. 522a (k)(2) inasmuch as both relevant and necessary to the e.g., security codes will be used, these records are investigatory materials litigation. limiting access to authorized personnel. compiled for program (law) enforcement 4. To a CMS contractor (including, but System securities are established in in anticipation of a criminal or not limited to fiscal intermediaries and accordance with HHS, Information administrative proceedings. (See carriers) that assists in the Resource Management Circular #10, Department Regulation (45 CFR 5b.11)) Automated Information Systems administration of a CMS-administered Appendix A. Health Insurance Claims health benefits program, or to a grantee Security Program; CMS Automated of a CMS-administered grant program, Information Systems Guide, Systems Medicare records are maintained at the when disclosure is deemed reasonably Securities Policies, and OMB Circular CMS Central Office (see section 1 below for necessary by CMS to prevent, deter, No. A–130 (revised) appendix III. the address). Health Insurance Records of the Medicare program can also be accessed discover, detect, investigate, examine, RETENTION AND DISPOSAL: through a representative of the CMS Regional prosecute, sue with respect to, defend Records are maintained 15 years in a Office (see section 2 below for addresses). against, correct, remedy, or otherwise Medicare claims records are also maintained combat fraud or abuse in such program. secure storage area with identifiers. by private insurance organizations that share 5. To another Federal agency or to an SYSTEM MANAGER(S) AND ADDRESSES: in administering provisions of the health instrumentality of any governmental insurance programs. These private insurance Director, Program Integrity Group, organizations, referred to as carriers and jurisdiction within or under the control Office of Financial Management, CMS, intermediaries, are under contract to the of the United States (including any state 7500 Security Boulevard, Baltimore, Health Care Financing Administration and or local governmental agency), that Maryland 21244–1850. the Social Security Administration to administers, or that has the authority to perform specific task in the Medicare investigate potential fraud or abuse in a NOTIFICATION PROCEDURE: program (see section three below for health benefits program funded in For purpose of access, the subject addresses for intermediaries, section four whole or in part by Federal funds, when individual should write to the system addresses the carriers, and section five disclosure is deemed reasonably manager who will require the system addresses the Payment Safeguard necessary by CMS to prevent, deter, name, social security number (SSN) or Contractors. discover, detect, investigate, examine, UPIN, address, date of birth, and sex, I. Central Office Address prosecute, sue with respect to, defend and for verification purposes, the CMS Data Center, 7500 Security Boulevard, against, correct, remedy, or otherwise subject individual’s name (woman’s North Building, First Floor, Baltimore, combat fraud or abuse in such programs. maiden name, if applicable). Furnishing Maryland 21244–1850.

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II. CMS Regional Offices Medicare Coordinator, Florida B/C, 532 Medicare Coordinator, Group Health Inc., Boston Region—Connecticut, Maine, Riverside Ave., Jacksonville, FL 32202–4918. 4th Floor, 88 West End Avenue, New York, Massachusetts, New Hampshire, Rhode Medicare Coordinator, Georgia B/C, PO NY 10023. Island, Vermont. John F. Kennedy Federal Box 9048, 2357 Warm Springs Road, Medicare Coordinator, Highmark, PO Box Building, Room 1211, Boston, Massachusetts Columbus, GA 31908. 89065, 1800 Center Street, Camp Hill, PA 02203. Office Hours: 8:30 a.m.–5 p.m. Medicare Coordinator, Mississippi B/C B 17089–9065. New York Region—New Jersey, New York, MS, PO Box 23035, 3545 Lakeland Drive, Medicare Coordinator, Trailblazers Part B, Puerto Rico, Virgin Islands. 26 Federal Plaza, Jackson, MI 39225–3035. 11150 McCormick Drive, Executive Plaza 3 Room 715, New York, New York 10007, Medicare Coordinator, North Carolina B/C, Suite 200, Hunt Valley, MD 21031. Office Hours: 8:30 a.m.–5 p.m. PO Box 2291, Durham, NC 27702–2291. Medicare Coordinator, Trailblazer Health Philadelphia Region—Delaware, District of Medicare Coordinator, Palmetto GBA A/ Enterprises, Virginia, PO Box 26463, Columbia, Maryland, Pennsylvania, Virginia, RHHI, 17 Technology Circle, Columbia, SC Richmond, VA 23261–6463. United Medicare West Virginia. Post Office Box 8460, 29203–0001. Coordinator, Tricenturion, 1 Tower Square, Philadelphia, Pennsylvania 19101. Office Medicare Coordinator, Tennessee B/C, 801 Hartford, CT 06183. Hours: 8:30 a.m.–5 p.m. Pine Street, Chattanooga, TN 37402–2555. Medicare Coordinator, Alabama B/S, 450 Atlanta Region—Alabama, North Carolina, Medicare Coordinator, Anthem Insurance Riverchase Parkway East, Birmingham, AL South Carolina, Florida, Georgia, Kentucky, Co. (Anthm IN), PO Box 50451, 8115 Knue 35298. Medicare Coordinator, Cahaba GBA, 12052 Mississippi, Tennessee. 101 Marietta Street, Road, Indianapolis, IN 46250–1936. Middleground Road, Suite A, Savannah, GA Suite 702, Atlanta, Georgia 30223, Office Medicare Coordinator, Arkansas B/C, 601 31419. Hours: 8:30 a.m.–4:30 p.m. Gaines Street, Little Rock, AR 72203. Medicare Coordinator, Florida B/S, 532 Chicago Region—Illinois, Indiana, Medicare Coordinator, Group Health of Riverside Ave, Jacksonville, FL 32202–4918. Michigan, Minnesota, Ohio, Wisconsin. Suite Oklahoma, 1215 South Boulder, Tulsa, OK Medicare Coordinator, Administar Federal, A—824, Chicago, Illinois 60604. Office 74119–2827. 9901 Linnstation Road, Louisville, KY 40223. Hours: 8 a.m.–4:45 p.m. Medicare Coordinator, Trailblazer, PO Box Dallas Region—Arkansas, Louisiana, New Medicare Coordinator, Palmetto GBA, 17 660156, Dallas, TX 75266–0156. Technology Circle, Columbia, SC 29203– Mexico, Oklahoma, Texas, 1200 Main Tower Medicare Coordinator, Cahaba GBA, Building, Dallas, Texas. Office Hours: 8 a.m.– 0001. Station 7, 636 Grand Avenue, Des Moines, IA Medicare Coordinator, CIGNA, 2 Vantage 4:30 p.m. 50309–2551. Kansas City Region—Iowa, Kansas, Way, Nashville, TN 37228. Medicare Coordinator, Kansas B/C, PO Box Medicare Coordinator, Railroad Retirement Missouri, Nebraska. New Federal Office 239, 1133 Topeka Ave., Topeka, KS 66629– Building, 601 East 12th Street Room 436, Board, 2743 Perimeter Parkway, Building 0001. 250, Augusta, GA 30999. Kansas City, Missouri 64106. Office Hours: 8 Medicare Coordinator, Nebraska B/C, PO a.m.–4:45 p.m. Medicare Coordinator, Cahaba GBA, Box 3248, Main PO Station, Omaha, NE Denver Region—Colorado, Montana, North Jackson Miss, PO Box 22545, Jackson, MI 68180–0001. Dakota, South Dakota, Utah, Wyoming. 39225–2545. Medicare Coordinator, Mutual of Omaha, Federal Office Building, 1961 Stout St Room Medicare Coordinator, Adminastar Federal PO Box 1602, Omaha, NE 68101. 1185, Denver, Colorado 80294. Office Hours: (IN), 8115 Knue Road, Indianapolis, IN 8 a.m.–4:30 p.m. Medicare Coordinator, Montana B/C, PO 46250–1936. San Francisco Region—American Samoa, Box 5017, Great Falls Div., Great Falls, MT Medicare Coordinator, Wisconsin Arizona, California, Guam, Hawaii, Nevada. 59403–5017. Physicians Service, PO Box 8190, Madison, Federal Office Building, 10 Van Ness Medicare Coordinator, Noridian, 4510 13th WI 53708–8190. Avenue, 20th Floor, San Francisco, California Avenue SW., Fargo, ND 58121–0001. Medicare Coordinator, Nationwide Mutual 94102. Office Hours: 8 a.m.–4:30 p.m. Medicare Coordinator, Utah B/C, PO Box Insurance Co., PO Box 16788, 1 Nationwide Seattle Region—Alaska, Idaho, Oregon, 30270, 2455 Parleys Way, Salt Lake City, UT Plaza, Columbus, OH 43216–6788. Washington. 1321 Second Avenue, Room 84130–0270. Medicare Coordinator, Arkansas B/S, 601 615, Mail Stop 211, Seattle, Washington Medicare Coordinator, Wyoming B/C, 4000 Gaines Street, Little Rock, AR 72203. 98101. Office Hours 8 a.m.–4:30 p.m. House Avenue, Cheyenne, WY 82003. Medicare Coordinator, Arkansas-New Medicare Coordinator, Arizona B/C, PO Mexico, 601 Gaines Street, Little Rock, AR III. Intermediary Addresses (Hospital Box 37700, Phoenix, AZ 85069. 72203. Insurance) Medicare Coordinator, UGS, PO Box Medicare Coordinator, Palmetto GBA– Medicare Coordinator, Assoc. Hospital 70000, Van Nuys, CA 91470–0000. DMERC, 17 Technology Circle, Columbia, SC Serv. Maine (ME BC), 2 Gannett Drive South, Medicare Coordinator, Regents BC, PO Box 29203–0001. Portland, ME 04106–6911. 8110 M/S D–4A, Portland, OR 97207–8110. Medicare Coordinator, Trailblazer Health Medicare Coordinator, Anthem New Medicare Coordinator, Premera BC, PO Box Enterprises, 901 South Central Expressway, Hampshire, 300 Goffs Falls Road, 2847, Seattle, WA 98111–2847. Richardson, TX 75080. Manchester, NH 03111–0001. Medicare Coordinator, Nordian, 636 Grand IV. Medicare Carriers Medicare Coordinator, BC/BS Rhode Island Avenue, Des Moines, IA 50309–2551. (RI BC), 444 Westminster Street, Providence, Medicare Coordinator, NHIC, 75 Sargent Medicare Coordinator, Kansas B/S, PO Box RI 02903–3279. William Terry Drive, Hingham, MA 02044. 239, 1133 Topeka Ave., Topeka, KS 66629– Medicare Coordinator, Empire Medicare Medicare Coordinator, B/S Rhode Island 0001. Services, 400 S. Salina Street, Syracuse, NY (RI BS), 444 Westminster Street, Providence, Medicare Coordinator, Kansas B/S–NE, PO 13202. RI 02903–2790. Box 239, 1133 Topeka Ave., Topeka, KS Medicare Coordinator, Cooperativa, PO Medicare Coordinator, Trailblazer Health 66629–0239. Box 363428, San Juan, PR 00936–3428. Enterprises, Meriden Park, 538 Preston Ave., Medicare Coordinator, Montana B/S, PO Medicare Coordinator, Maryland B/C, PO Meriden, CT 06450. Box 4309, Helena, MT 59601. Box 4368, 1946 Greenspring Ave., Medicare Coordinator, Upstate Medicare Medicare Coordinator, Nordian, 4305 13th Timonium, MD 21093. Division, 11 Lewis Road, Binghamton, NY Avenue South, Fargo, ND 58103–3373. Medicare Coordinator, Highmark, P5103, 13902. Medicare Coordinator, Noridian BCBSND 120 Fifth Avenue Place, Pittsburgh, PA Medicare Coordinator, Empire Medicare (C0), 730 N. Simms #100, Golden, CO 80401– 15222–3099. Services, 2651 Strang Blvd., Yorktown 4730. Medicare Coordinator, United Government Heights, NY, 10598. Medicare Coordinator, Noridian BCBSND Services, 1515 N. Rivercenter Dr., Medicare Coordinator, Empire Medicare (WY), 4305 13th Avenue South, Fargo, ND Milwaukee, WI 53212. Services, NJ, 300 East Park Drive, Harrisburg, 58103–3373. Medicare Coordinator, Alabama B/C, 450 PA 17106. Medicare Coordinator, Utah B/S, PO Box Riverchase Parkway East, Birmingham, AL Medicare Coordinator, Triple S, #1441 30270, 2455 Parleys Way, Salt Lake City, UT 35298. F.D., Roosvelt Ave., Guaynabo, PR 00968. 84130–0270.

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Medicare Coordinator, Transamerica information and views from interested available at http:// Occidental, PO Box 54905, Los Angeles, CA persons on the issues and concerns www.accessdata.fda.gov/scripts/oc/ 90054–4905. relating to the assignment, premarket dockets/meetings/meetingdocket.cfm. Medicare Coordinator, NHIC—California, review, and postmarket regulation of Registrations will be accepted on a first- 450 W. East Avenue, Chico, CA 95926. Medicare Coordinator, Cigna, Suite 254, combination products. FDA is come, first-served basis. Individuals 3150 Lakeharbor, Boise, ID 83703. proposing specific questions, and the who register to make an oral Medicare Coordinator, Cigna, Suite 506, 2 agency is interested in responses to presentation will be notified of the Vantage Way, Nashville, TN 37228. these questions and any other pertinent scheduled time for their presentation information stakeholders would like to prior to the hearing. Depending on the V. Payment Safeguard Contractors share. number of presentations, FDA may need Medicare Coordinator, Aspen Systems DATES: The public hearing will be held to limit the time allotted for each Corporation, 2277 Research Blvd., Rockville, presentation. All participants are MD 20850. on November 25, 2002, from 9 a.m. to Medicare Coordinator, DynCorp Electronic 5 p.m. Submit written or electronic encouraged to attend the entire day. Data Systems (EDS, 11710 Plaza America notices of participation by close of Presenters must submit two copies of Drive 5400 Legacy Drive, Reston, VA 20190– business on November 8, 2002. Written each presentation given. If you need 6017. and electronic comments will be special accommodations due to a Medicare Coordinator, Lifecare accepted until January 24, 2003. disability, please inform the registration Management Partners Mutual of Omaha ADDRESSES: The public hearing will be contact person when you register. Insurance Co. 6601 Little River Turnpike, Presentations will be limited to the Suite 300 Mutual of Omaha Plaza, Omaha, held at the DoubleTree Hotel, 1750 Rockville Pike, Rockville, MD. questions and subject matter identified NE 68175. in section III of this document. Medicare Coordinator, Reliance Safeguard Directions to the hotel can be found at Solutions, Inc., PO Box 30207 400 South http://www.doubletreerockville.com. SUPPLEMENTARY INFORMATION: Submit written or electronic notices Salina Street, 2890 East Cottonwood Pkwy. I. Background Syracuse, NY 13202. of participation and comments to the Medicare Coordinator, Science Dockets Management Branch (HFA– The Safe Medical Devices Act Applications International, Inc., 6565 305), Food and Drug Administration, (SMDA) of 1990 explicitly recognized Arlington Blvd., PO Box 100282, Falls 5630 Fishers Lane, rm. 1061, Rockville, the existence of products that Church, VA. MD 20852; or e-mail ‘‘constitute a combination of a drug, Medicare Coordinator, California Medical device, or biological product’’ and Review, Inc., Integriguard Division Federal [email protected]; or on the Sector Civil Group, One Sansome Street, San Internet at http:// provided a mechanism for determining Francisco, CA 94104–4448. www.accessdata.fda.gov/scripts/oc/ which agency component would be Medicare Coordinator, Computer Sciences dockets/commentdocket.cfm. assigned the administrative Corporation, Suite 600 3120 Timanus Lane, Transcripts of the hearing will be responsibility of regulating a particular Baltimore, MD 21244. available for review at the Dockets combination product (21 U.S.C. 353(g)). Medicare Coordinator, Electronic Data Management Branch (see address in The Food and Drug Administration Systems (EDS), 11710 Plaza America Drive previous sentence) and on the Internet Modernization Act of 1997 (FDAMA) 5400 Legacy Drive, Plano, TX 75204. at http://www.fda.gov/ohrms/dockets. further refined the assignment process Medicare Coordinator, TriCenturion, by providing a mechanism to request L.L.C., PO Box 100282, Columbia, SC 29202. FOR FURTHER INFORMATION CONTACT: that FDA classify a product as a drug, [FR Doc. 02–27337 Filed 10–25–02; 8:45 am] Mark D. Kramer, Combination Products Program (HF–7), Food and Drug biological product, device, or a BILLING CODE 4120–03–P Administration, 5600 Fishers Lane, rm. combination product, in addition to 14B–03, Rockville, MD 20857, 301–827– determining which agency component DEPARTMENT OF HEALTH AND 3390, FAX 301–480–8039, e-mail: will be assigned to regulate the product HUMAN SERVICES [email protected]. (21 U.S.C. 360bbb–2). As defined in § 3.2(e) (21 CFR 3.2(e)), Registration Information and Requests Food and Drug Administration the term combination product means a for Oral Presentation product comprised of two or more [Docket No. 02N–0445] Preregistration by written notice is different regulated components, e.g., FDA Regulation of Combination necessary to ensure participation. The drug, device, or biologic (for example, a Products; Public Hearing procedures governing the hearing are syringe prefilled with a drug); or two or found in part 15 (21 CFR part 15). To more separate products packaged AGENCY: Food and Drug Administration. register to attend the hearing, submit together as one unit (for example, a kit ACTION: Notice of public hearing; request your name, title, business affiliation, containing drapes, needles, a syringe, a for comments. address, telephone, fax number, and e- local anesthetic and a topical mail address. If you wish to make an antiseptic). A combination product is SUMMARY: The Food and Drug oral presentation during the open public also defined to include a product that is Administration (FDA) is announcing a comment period of the hearing, you intended for use only with an approved public hearing to discuss the must state your intention on your product where both are required to assignment, premarket review, and registration form or with the registration achieve the intended use, indication, or postmarket regulation of combination contact person listed (see FOR FURTHER effect, and the labeling of the approved products. Combination products INFORMATION CONTACT). You must submit product needs to be changed to reflect (defined in more detail later in this a written statement at the time of this use. For example, if a device to document) are products containing a registration for each discussion question aerosolize medication works only with combination of drugs, devices, or you wish to address, the names and a specific aerosolized drug, the device biological products. These products addresses of all individuals that plan to would be labeled for use with this drug often are novel and have significant participate, and the approximate time and the two products would be a potential to enhance the public health. requested to make your presentation. combination product. Finally, the The purpose of the hearing is to solicit Electronic registration for this hearing is combination product definition

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includes any investigational product premarket reviews of combination is holding this meeting to obtain that is intended to be used only with products, and the development of stakeholders’ views on the issues raised another investigational product where guidance on policy issues that relate to by, and suggestions for, the review and both are required to achieve the combination products. regulation of combination products. intended use, indication, or effect. To assist in the development of II. Purpose and Scope of the Hearing In accordance with section 503(g)(1) consistent policies on assignment of of the Federal Food, Drug, and Cosmetic The agency recognizes the importance these products and appropriate Act (the act) (21 U.S.C. 353(g)(l)), the of protecting the public health by premarket and postmarket regulatory agency is required to assign premarket facilitating the introduction of safe and policies, the agency invites information review responsibility for combination effective new products. New and comments on the issues and products based on the product’s technologies and products that result questions listed in the next section of ‘‘primary mode of action.’’ The from the combination of components this document. designation of an agency component that would otherwise be regulated under does not preclude consultations with different regulatory authorities raise not A. Assignment and Intercenter other agency components, and when only unique scientific questions, but Agreements such consultation is used, the also regulatory challenges related to Issue: involvement of more than one center in where and how such products should be One goal of FDA’s regulatory process the premarket review process presents regulated in order to ensure adequate has been the establishment of a credible, unique challenges in review and consistent regulatory oversight. management. In addition, where the FDA is calling this meeting to discuss consistent and predictable agency finds it is appropriate, the the agency’s processes for the (‘‘transparent’’) framework for the agency reserves the option to require assignment, premarket review, and assignment and review of human drugs, separate applications to be approved (by postmarket regulation of combination biologics, and devices to the appropriate either the lead center or separate agency products in general. The meeting is centers. Prior to 1991, confusion over components) for the individual another step in the agency’s continuing product jurisdiction was a frequently components of a combination product. effort to elicit information helpful to the cited complaint by regulated industry. FDA recognizes that requiring the refinement of the agency’s policies on As described in section I of this approval of a second agency component combination products, and will build document, SMDA required that FDA may present additional issues for the upon the June 24, 2002, part 15 hearing assign combination products to the FDA applicant and in those instances strives held to discuss the assignment and components based on the product’s to coordinate the reviews to the greatest premarket review of wound healing primary mode of action. Furthermore, in extent possible. products comprised of living human 1991, the Center for Biologics A number of issues have been raised cells in combination with a device Evaluation and Research (CBER), the regarding FDA’s regulation of matrix. The hearing is limited to Center for Devices and Radiological combination products. These include discussion of combination products as Health (CDRH), and the Center for Drug concerns about the consistency, defined in § 3.2(e). Combinations of two Evaluation and Research (CDER) predictability, and transparency of the devices, two drugs, or two biologics are developed working agreements assignment (jurisdiction) process; issues not considered combination products (‘‘Intercenter Agreements’’) addressing related to the management and under § 3.2(e) and are beyond the scope the assignment and regulatory pathways timeliness of the review process when of this meeting. Discussion of the for specified products or classes of two (or more) FDA centers have review assignment of specific types of products, including some types of responsibilities for a combination combination products, or of premarket combination products. The Agreements product; lack of clarity about the review or testing requirements for identify the lead center that will be postmarket regulatory controls specific products, is also beyond the responsible for regulating particular applicable to combination products; and scope of the meeting. Examples of issues types of products, and in some the lack of clarity regarding certain raised for particular products may, instances, the applicable regulatory agency policies, such as when however, be appropriate for illustration authority. While the Intercenter applications to more than one agency purposes. Agreements continue to provide useful component are needed. guidance, the evolution in technology FDA recognizes the need to have III. Issues for Discussion and scientific knowledge about the policies and procedures that will ensure Combination products often involve mode of action of medical products has the efficient and effective review and cutting edge, novel technologies that in some cases pushed the usefulness of regulation of combination products, and raise unique scientific, technical, policy the current Intercenter Agreements past has established a Combination Products and regulatory issues. Multi-center their limits. FDA recognizes the need to Program within the Office of the responsibility for the premarket review revise and update the Intercenter Ombudsman to provide support to the and regulation of combination products Agreements to reflect decisions made Centers for these activities. In addition creates special challenges with respect since 1991 and an appropriate division to serving as a point of contact for to both the scientific and administrative of labor among the centers. industry and the FDA centers on aspects of review management. In Stakeholders have voiced concern combination products issues, the addition, the combination of about a perceived lack of consistency in Combination Products Program is components that would normally be the assignment of combination working with the centers to develop a regulated under different regulatory products. This perception is sometimes variety of initiatives to improve the authorities introduces additional factors attributed to potential differences in the review and regulation of combination to consider in the formulation of interpretation of a combination products. These initiatives include the appropriate regulatory requirements. product’s ‘‘primary mode of action,’’ a development of standard operating FDA recognizes the need to have term that is not defined in the statute. procedures to improve the management policies and procedures that will ensure The assignment process may also appear of the intercenter review process, the efficient and effective review and to be inconsistent if two products that centralized monitoring of the progress of regulation of combination products, and appear to be similar in nature are

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assigned to different centers based on beyond authorizing FDA to use any whether a single application or separate differences in their primary mode of resources necessary to ensure an applications for the individual action. When review responsibility for adequate premarket review. The components would be most appropriate particular products of a given type is selection of regulatory authorities to be for regulation of a combination product? split between two centers, it may lead applied to a combination product is For example, FDA may determine that to inconsistencies in the type of intended to ensure appropriate review it is necessary to apply elements of premarket regulatory authorities and regulation, but may also affect the different regulatory authorities to a applied, review policies, postmarket potential for generic competition and combination product to ensure safety regulatory controls, and other factors the availability of certain regulatory and efficacy (e.g., device postmarketing relevant to product regulation. mechanisms or processes (e.g., a device reporting for the combination product, Another complaint frequently cited component of a combination product with drug current good manufacturing about the assignment of combination regulated solely under the new drug practices (CGMPs) applicable to the products is the lack of transparency. In application (NDA) or biological license drug component only). Should the need an effort to keep stakeholders apprised application (BLA) authorities would not to apply a mixed regulatory approach of significant jurisdictional decisions, be eligible for reclassification or review influence whether one application or FDA has begun to post a series of under section 510(k) of the act two are more appropriate? ‘‘jurisdictional updates’’ on its premarket notification). Combination Products Web site http:// As stated in 21 CFR 3.4(b), FDA may C. Other Issues www.fda.gov/oc/ombudsman/ require separate applications for the Issues: combination.html. These jurisdictional different components of a combination updates report prior agency decisions product (‘‘The designation of one Combination products sometime raise only and are not policy statements. In agency component as having primary concerns about safety and effectiveness, determining whether Web publication jurisdiction for the premarket review or risks to the public health, arising of a jurisdictional update is appropriate and regulation of a combination product specifically from the combination for a product, FDA will take into does not preclude consultations by that nature of the product. The agency may account the current level of interest in component with other agency draw from the statutory and regulatory the jurisdictional issue, the extent to components or, in appropriate cases, the authorities applicable to all components which the class of products can be requirement by FDA of separate of the combination product in order to clearly described, the extent to which applications.’’). This flexibility is ensure adequate review of the safety and the existence and description of the important because the most appropriate effectiveness of a product. For example, class of products has been made public, regulatory approach for a given a drug-coated device may be subject to and related factors. In cases where it is combination product may need to be the device Quality Systems Regulation not possible to adequately describe the tailored to the associated scientific and for the device component, to drug good subject of a jurisdictional decision and policy issues. Some applicants have manufacturing practices (GMPs) for the still protect confidential and trade secret questioned the need for separate drug coating, and to a mix of information, jurisdictional updates will marketing applications for the requirements, as appropriate, for the not be available. components of a combination product, combined product. perhaps based on the perception that While this flexibility is appropriate to Questions: the regulatory burden would be less enable FDA to best promote and protect 1. What types of guiding scientific with a single application. On the other public health and address unique issues and policy principles should FDA use hand, some applicants have objected to arising from the combination of two in its revisions to the existing FDA’s decision to require only a single products that would otherwise be Intercenter Agreements that allocate application because separate separately regulated, stakeholders have review responsibility for human applications were considered to be complained that there is a lack of medical products? advantageous for future development consistency, predictability, and 2. What factors should FDA consider and/or marketing opportunities. While transparency in the application of in determining the primary mode of no single approach is universally postmarket requirements for such action of a combination product? In preferred or most appropriate from a products. Since manufacturers must instances where the primary mode of regulatory perspective, the agency design their manufacturing and quality action of the combination product recognizes that it is important to have systems for the types of products they cannot be determined with certainty, established criteria for determining produce, an applicant that primarily what other factors should the agency whether one application or two would manufacturers devices, for example, consider in assigning primary be more appropriate. may not have the systems in place to jurisdiction? Is there a hierarchy among manufacture a drug-coated device that these additional factors that should be Questions: will be subject to drug GMPs. Similarly, considered in order to ensure adequate 3. What are the general scientific and applicants report confusion in deciding review and regulation (e.g., which policy principles that should be which adverse event monitoring component presents greater safety followed in selecting the premarket regulations to follow for a combination questions)? regulatory authorities to be applied to product. Applicants report that combination products? Is one premarket reporting to multiple centers has been B. Marketing Applications review mechanism (e.g., premarket required in some cases, and is The SMDA required that the primary approval (PMA), premarket notification duplicative and unnecessary. mode of action of a combination (510(k)), new drug application (NDA), or Questions: product must determine which FDA biologic licensing application (BLA)) center would be responsible for more suitable than another for 5. What scientific and policy premarket review, but did not address regulating combination products? principles should be followed in which authorities, including which type 4. Recognizing the need to ensure determining the appropriate of marketing application, should be product safety and effectiveness, what manufacturing and quality system used to review the combination product, criteria should FDA use to determine regulatory authorities (e.g., Current

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Good Manufacturing Practices versus hearing schedule will be available at the heading of this document. Received Quality System Regulation) applicable hearing. After the hearing, the hearing comments may be seen in the office to combination products? schedule will be placed on file in the above between 9 a.m. and 4 p.m., 6. What scientific and policy Dockets Management Branch under the Monday through Friday. Transcipts of principles should be followed in docket number listed at the head of this the hearing also will be available for determining the appropriate adverse notice. review at the Dockets Management event reporting requirements (e.g., the Under § 15.30(f), the hearing is Branch. drugs and biologics adverse event informal, and the rules of evidence do reporting system, Medical Device not apply. No participant may interrupt VI. Electronic Access Reporting) to be applied to a the presentation of another participant. Persons with access to the Internet combination product? Only the presiding officer and panel may obtain more information about this 7. What other comments do you have members may question any person hearing or combination products in concerning other issues related to FDA during or at the conclusion of each general at http://www.fda.gov/oc/ regulation of combination products? presentation. ombudsman/combination.html. (Examples may include cross labeling of Public hearings under part 15 are Dated: October 18, 2002. products intended to be used together, subject to FDA’s policy and procedures though manufactured by different for electronic media coverage of FDA’s Margaret M. Dotzel, companies; and application of public administrative proceedings (part Associate Commissioner for Policy. promotion and advertising policies to 10, subpart C (21 CFR part 10, subpart [FR Doc. 02–27267 Filed 10–25–02; 8:45 am] combination products.) C)). Under § 10.205, representatives of BILLING CODE 4160–01–S the electronic media may be permitted, IV. Notice of Hearing Under Part 15 subject to certain limitations, to The Commissioner of Food and Drugs videotape, film, or otherwise record DEPARTMENT OF HEALTH AND (the Commissioner) is announcing that FDA’s public administrative HUMAN SERVICES the public hearing will be held in proceedings, including presentations by accordance with part 15. The hearing participants. The hearing will be National Institutes of Health will have a presiding officer, who will transcribed as stipulated in § 15.30(b). be accompanied by senior management National Cancer Institute; Notice of The transcript of the hearing will be Meeting from CBER, CDER, CDRH, and the available on the Internet at http:// agency’s Combination Products www.fda.gov/ohrms/dockets, and orders Pursuant to section 10(d) of the Program. for copies of the transcript can be placed Federal Advisory Committee Act, as Persons who wish to participate in the at the meeting or through the Freedom amended (5 U.S.C. Appendix 2), notice part 15 hearing must file a written or of Information Staff (HFI–35), Food and is hereby given of a meeting of the electronic notice of participation with Drug Administration, 5600 Fishers National Cancer Institute Director’s the Dockets Management Branch (see Lane, Rockville, MD 20857. Consumer Liaison Group. ADDRESSES). To ensure timely handling, Any handicapped persons requiring The meeting will be open to the any outer envelope should be clearly special accommodations to attend the public, with attendance limited to space marked with the docket number listed at hearing should direct those needs to the available. Individuals who plan to the head of this notice along with the contact person (see FOR FURTHER attend and need special assistance, such statement ‘‘Combination Products INFORMATION CONTACT). as sign language interpretation or other Hearing.’’ Groups should submit two To the extent that the conditions for reasonable accommodations, should written copies. The notice of the hearing, as described in this notice, notify the Contact Person listed below participation should contain the conflict with any provisions set out in in advance of the meeting. person’s name; address; telephone part 15, this notice acts as a waiver of Name of Committee: National Cancer number; affiliation, if any; the sponsor those provisions as specified in of the presentation (e.g., the Institute Director’s Consumer Liaison Group. § 15.30(h). Date: November 19, 2002. organization paying travel expenses or V. Request for Comments Time: 2 p.m. to 4 p.m. fees), if any; a brief summary of the Agenda: To discuss the next steps for the presentation (including the specific Interested persons may submit to the DCLG with Dr. von Eschenbach and to get an discussion questions that will be Dockets Management Branch (see update on the CARRA program. addressed); and approximate amount of ADDRESSES) written or electronic notices Place: 6166 Executive Blvd., Rockville, MD time requested for the presentation. The of participation and comments for 20852, (Telephone Conference Call). agency requests that interested persons consideration at the hearing. To permit Contact Person: Elaine Lee, Executive and groups having similar interests time for all interested persons to submit Secretary, Office of Liaison Activities, consolidate their comments and present data, information, or views on this National Institutes of Health, National Cancer Institute, 6116 Executive Boulevard, Suite them through a single representative. subject, the administrative record of the 300 C, Bethesda, MD 20892, 301/594–3194. After reviewing the notices of hearing will remain open following the Any member of the public interested in participation and accompanying hearing. Persons who wish to provide presenting oral comments to the committee information, FDA will schedule each additional materials for consideration may notify the Contact Person listed on this appearance and notify each participant should file these materials with the notice at least 10 days in advance of the by telephone of the time allotted to the Dockets Management Branch (see meeting. Interested individuals and person and the approximate time the ADDRESSES). You should annotate and representatives of organizations may submit person’s oral presentation is scheduled organize your comments to identify the a letter of intent, a brief description of the to begin. If time permits, FDA may specific questions to which they refer organization represented, and a short description of the oral presentation. Only one allow interested persons attending the (see section III of this document). Two representative of an organization may be hearing who did not submit a written or copies of any mailed comments are to be allowed to present oral comments and if electronic notice of participation in submitted, except that individuals may accepted by the committee, presentations advance to make an oral presentation at submit one copy. Comments are to be may be limited to five minutes. Both printed the conclusion of the hearing. The identified with the docket number at the and electronic copies are requested for the

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record. In addition, any interested person 8328, Bethesda, MD 20892, (301) 496–7721, Dated: October 22, 2002. may file written comments with the [email protected]. LaVerne Y. Stringfield, committee by forwarding their statement to (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory the Contact Person listed on this notice. The Program Nos. 93.392, Cancer Construction; Committee Policy. statement should include the name, address, 93.393, Cancer Cause and Prevention [FR Doc. 02–27399 Filed 10–25–02; 8:45 am] telephone number and when applicable, the Research; 93.394, Cancer Detection and business or professional affiliation of the Diagnosis Research; 93.395, Cancer BILLING CODE 4140–01–M interested person. Treatment Research; 93.396, Cancer Biology Information is also available on the Research; 93.397, Cancer Centers Support; Institute’s/Center’s home page: 93.398, Cancer Research Manpower; 93.399, DEPARTMENT OF HEALTH AND deainfo.nci.nih.gov/advisory/dclg/dclg.htm, Cancer Control, National Institutes of Health, HUMAN SERVICES where an agenda and any additional HHS) information for the meeting will be posted National Institutes of Health when available. Dated: October 22, 2002. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, National Institute of Mental Health; Program Nos. 93.392, Cancer Construction; Director, Office of Federal Advisory Notice of Closed Meetings 93.393, Cancer Cause and Prevention Committee Policy. Research; 93.394, Cancer Detection and [FR Doc. 02–27405 Filed 10–25–02; 8:45 am] Pursuant to section 10(d) of the Federal Advisory Committee Act, as Diagnosis Research; 93.395, Cancer BILLING CODE 4140–01–M Treatment Research; 93.396, Cancer Biology amended (5 U.S.C. appendix 2), notice Research; 93.397, Cancer Centers Support; is hereby given of the following 93.398, Cancer Research Manpower; 93.399, DEPARTMENT OF HEALTH AND meetings. Cancer Control, National Institutes of Health, HUMAN SERVICES The meetings will be closed to the HHS) public in accordance with the Dated: October 22, 2002. National Institutes of Health provisions set forth in sections LaVerne Y. Stringfield, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory National Institute of Diabetes and as amended. The grant applications and Committee Policy. Digestive and Kidney Diseases; Notice the discussions could disclose [FR Doc. 02–27404 Filed 10–25–02; 8:45 am] of Closed Meeting confidential trade secrets or commercial BILLING CODE 4140–01–M property such as patentable material, Pursuant to section 10(d) of the and personal information concerning Federal Advisory Committee Act, as individuals associated with the grant amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND applications, the disclosure of which is hereby given of the following HUMAN SERVICES would constitute a clearly unwarranted meeting. invasion of personal privacy. National Institutes of Health The meeting will be closed to the public in accordance with the Name of Committee: National Institute of provisions set forth in sections Mental Health Special Emphasis Panel, National Cancer Institute; Notice of Research Career Award for Transition to Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Independence. as amended. The grant applications and Pursuant to section 10(d) of the Date: November 15, 2002. the discussions could disclose Time: 12:30 p.m. to 2:30 p.m. Federal Advisory Committee Act, as confidential trade secrets or commercial Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice property such as patentable material, applications. is hereby given of the following and personal information concerning Place: Neuroscience Center, National meeting. individuals associated with the grant Institutes of Health, 6001 Executive Blvd., The meeting will be closed to the applications, the disclosure of which Bethesda, MD 20892, (Telephone Conference public in accordance with the Call). would constitute a clearly unwarranted Contact Person: Benjamin Xu, PhD, provisions set forth in section 552b(c)(4) invasion of personal privacy. and 552b(c)(6), Title 5 U.S.C., as Scientific Review Administrator, Division of amended. The grant applications and Name of Committee: National Institute of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, the discussions could disclose Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, Obesity and 6001 Executive Boulevard, Room 6143, MSC confidential trade secrets or commercial Nutrition Research Centers. 9608, Bethesda, MD 20892–9608, 301–443– property such as patentable material, Date: December 3–4, 2002. 1178, [email protected]. and personal information concerning Time: 8 am to 5 pm. Name of Committee: National Institutes of individuals associated with the grant Agenda: To review and evaluate grant Mental Health Special Emphasis Panel, T32 applications, the disclosure of which applications. Services and Interventions Applications. would constitute a clearly unwarranted Place: 7335 Wisconsin Avenue, Bethesda, Date: November 25, 2002. invasion of personal privacy. MD 20814. Time: 9 a.m. to 5 p.m. Contact Person: Maria E. Davila-Bloom, Agenda: To review and evaluate grant Name of Committee: National Cancer PhD, Scientific Review Administrator, applications. Institute Initial Review Group Subcommittee Review Branch, DEA, NIDDK, Room 758, Place: Holiday Inn, 8120 Wisconsin H—Clinical Groups. 6707 Democracy Boulevard, National Avenue, Bethesda, MD 20814. Date: December 5–6, 2002. Institutes of Health, Bethesda, MD 20892, Contact Person: Richard E. Weise, PhD, Time: 1 p.m. to 1 p.m. (301) 594–7637, davila- Scientific Review Administrator, Division of Agenda: To review and evaluate grant [email protected]. Extramural Activities, National Institute of applications. Mental Health, NIH, Neuroscience Center, Place: Marriott Philadelphia Airport, One (Catalogue of Federal Domestic Assistance 6001 Executive Boulevard, Room 6140, MSC Arrivals Road, Philadelphia, PA 19153. Program Nos. 93.847, Diabetes, 9606, Bethesda, MD 20892–9606, 301–443– Contact Person: Deborah R. Jaffee, PhD., Endocrinology and Metabolic Research; 1225, [email protected]. Scientific Review Administrator, Grants 93.848, Digestive Diseases and Nutrition Review Branch, Division of Extramural Research; 93.849, Kidney Diseases, Urology (Catalogue of Federal Domestic Assistance Activities, National Cancer Institute, NIH, and Hematology Research, National Institutes Program Nos. 93.242, Mental Health Research 6116 Executive Boulevard, Room 8038, MSC of Health, HHS) Grants; 93.281, Scientist Development

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Award, Scientist Development Award for Dated: October 22, 2002. DEPARTMENT OF HEALTH AND Clinicians, and Research Scientist Award; LaVerne Y. Stringfield, HUMAN SERVICES 93.282, Mental Health National Research Director, Office of Federal Advisory Service Awards for Research Training, Committee Policy. National Institutes of Health National Institutes of Health, HHS) [FR Doc. 02–27401 Filed 10–25–02; 8:45 am] National Institute of Child Health and LaVerne Y. Stringfield, BILLING CODE 4140–01–M Director, Office of Federal Advisory Human Development; Notice of Closed Committee Policy. Meeting. [FR Doc. 02–27400 Filed 10–25–02; 8:45 am] DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the BILLING CODE 4140–01–M HUMAN SERVICES Federal Advisory Committee Act, as National Institutes of Health amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES National Institute of Mental Health; meeting. Notice of Closed Meeting The meeting will be closed to the National Institutes of Health public in accordance with the Pursuant to section 10(d) of the provisions set forth in sections National Institute of Mental Health; Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Closed Meeting amended (5 U.S.C. Appendix 2), notice as amended. The contract proposals and is hereby given of the following the discussions could disclose Pursuant to section 10(d) of the meeting. Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice The meeting will be closed to the property such as patentable material, is hereby given of the following public in accordance with the and personal information concerning meeting. provisions set forth in sections individuals associated with the contract 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals, the disclosure of which The meeting will be closed to the as amended. The grant applications and would constitute a clearly unwarranted public in accordance with the the discussions could disclose invasion of personal privacy. provisions set forth in sections confidential trade secrets or commercial Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, as amended. The grant applications and Child Health and Human Development and personal information concerning the discussions could disclose Special Emphasis Panel Biochemical and individuals associated with the grant confidential trade secrets or commercial Genetic Factors in Birth Defects and Other applications, the disclosure of which property such as patentable material, Adverse Pregnancy Outcomes. and personal information concerning would constitute a clearly unwarranted Date: November 5, 2002. individuals associated with the grant invasion of personal privacy. Time: 12 p.m. to 1:30 p.m. applications, the disclosure of which Name of Committee: National Institute of Agenda: To review and evaluate contract would constitute a clearly unwarranted Mental Health Special Emphasis Panel proposals. invasion of personal privacy. NSAL. Place: 6100 Executive Blvd., DSR Conf. Date: December 2, 2002. Rm., Rockville, MD 20852, (Telephone Name of Committee: National Institute of Time: 11 am to 1 pm. Conference Call). Mental Health Special Emphasis Panel Agenda: To review and evaluate grant Contact Person: Hameed Khan, PhD, Refugee Mental Health. applications. Scientific Review Administrator, Division of Date: November 14, 2002. Place: Neuroscience Center, National Scientific Review, National Institute of Child Time: 2 p.m. to 4 p.m. Institutes of Health, 6001 Executive Blvd., Health and Human Development, National Agenda: To review and evaluate grant Institutes of Health, 6100 Executive Blvd., applications. Bethesda, MD 20892, (Telephone Conference Call). Room 5E01, Bethesda, MD 20892, (301) 496– Place: Neuroscience Center, National 1485. Institutes of Health, 6001 Executive Blvd., Contact Person: Henry J. Haigler, PhD Scientific Review Administrator, Division of This notice is being published less than 15 Bethesda, MD 20892, (Telephone Conference days prior to the meeting due to the timing Call). Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, limitations imposed by the review and Contact Person: David I. Sommers, PhD, funding cycle. Scientific Review Administrator, Division of 6001 Executive Blvd., Rm. 6150, MSC 9608, Bethesda, MD 20892–9608, 301/443–7216, Extramural Activities, National Institute of (Catalogue of Federal Domestic Assistance [email protected]. Mental Health, NIH, Neuroscience Center, Program Nos. 93.209, Contraception and 6001 Executive Blvd., Room 6144, MSC 9606, (Catalogue of Federal Domestic Assistance infertility Loan Repayment Program; 93.864, Bethesda, MD 20892–9606, 301–443–7861, Program Nos. 93.242, Mental Health Research Population Research; 93.865, Research for [email protected]. Grants; 93.281, Scientist Development Mothers and Children; 93.929, Center for This notice is being published less than 15 Award, Scientist Development Award for Medical Rehabilitation Research, National days prior to the meeting due to the timing Clinicians, and Research Scientist Award; Institutes of health, HHS) limitations imposed by the review and 93.282, Mental Health National Research Dated: October 17, 2002. funding cycle. Service Awards for Research Training, LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance National Institutes of Health, HHS) Director, Office of Federal Advisory Program Nos. 93.242, Mental Health Research Dated: October 22, 2002. Committee Policy. Grants; 93.281, Scientist Development LaVerne Y. Stringfield, Award, Scientist Development Award for [FR Doc. 02–27403 Filed 10–25–02; 8:45 am] Clinicians, and Research Scientist Award; Director, Office of Federal Advisory BILLING CODE 4140–01–M 93.282, Mental Health National Research Committee Policy. Service Awards for Research Training, [FR Doc. 02–27402 Filed 10–25–02; 8:45 am] National Institutes of Health, HHS) BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND The meetings will be closed to the Name of Committee: Oncological Sciences HUMAN SERVICES public in accordance with the Integrated Review Group, Clinical Oncology provisions set forth in sections Study Section. National Institutes of Health Date: November 10–12, 2002. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 2 PM to 5 PM. as amended. The grant applications and National Institute of Child Health and Agenda: To review and evaluate grant the discussions could disclose applications. Human Development; Notice of Closed confidential trade secrets or commercial Place: Wyndham San Diego at Emerald Meeting property such as patentable material, Plaza, 400 West Broadway, San Diego, CA Pursuant to section 10(d) of the and personal information concerning 92101. Contact Person: Sharon K. Gubanich, PhD, Federal Advisory Committee Act, as individuals associated with the grant applications, the disclosure of which Scientific Review Administrator, Center for amended (5 U.S.C. Appendix 2), notice Scientific Review, National Institutes of is hereby given of the following would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 4140, meeting. invasion of personal privacy. MSC 7804, Bethesda, MD 20892, (301) 435– The meeting will be closed to the Name of Committee: Center for Scientific 1767. public in accordance with the Review Special Emphasis Panel, This notice is being published less than 15 provisions set forth in sections Transcription Factors in Myelodysplastic days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Syndromes. limitations imposed by the review and as amended. The grant applications and Date: October 30, 2002. funding cycle. the discussions could disclose Time: 3 PM to 4 PM. Name of Committee: Musculoskeletal and confidential trade secrets or commercial Agenda: To review and evaluate grant Dental Sciences Integrated Review Group, applications. Oral Biology and Medicine Subcommittee 2. property such as patentable material, Place: NIH, Rockledge 2, Bethesda, MD Date: November 11–12, 2002. and personal information concerning 20892 (Telephone Conference Call). Time: 7:30 AM to 5 PM. individuals associated with grant Contact Person: Elaine Sierra-Rivera, PhD, Agenda: To review and evaluate grant applications, the disclosure of which Scientific Review Administrator, Center for applications. would constitute a clearly unwarranted Scientific Review, National Institutes of Place: Wyndham City Center, 1143 New invasion of personal privacy. Health, 6701 Rockledge Drive, Room 4136, Hampshire Ave, North West, Washington, DC MSC 7804, Bethesda, MD 20892, 301–435– 20037. Name of Committee: National Institute of 1779, [email protected]. Contact Person: Priscilla B. Chen, PhD, Child Health and Human Development This notice is being published less than 15 Scientific Review Administrator, Center for Special Emphasis Panel Letter of Invitation. days prior to the meeting due to the timing Scientific Review, National Institutes of Date: November 20, 2002. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 4104, Time: 9 a.m. to 1:30 p.m. funding cycle. MSC 7814, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant 1787. applications. Name of Committee: Center for Scientific This notice is being published less than 15 Place: 6100 Executive Boulevard, 5th Floor Review Special Emphasis Panel, days prior to the meeting due to the timing Conference Room, Bethesda, MD 20892, Endocrinology, Metabolism, Nutrition, & limitations imposed by the review and (Telephone Conference Call). Reproductive Sciences. funding cycle. Date: November 7, 2002. Contact Person: Anne Krey, Scientific Name of Committee: Center for Scientific Time: 8 AM to 5 PM. Review Administrator, Division of Scientific Review Special Emphasis Panel, Member Agenda: To review and evaluate grant Review, National Institute of Child Health Conflict: Psycholinguistics. applications. and Human Development, National Institutes Date: November 11, 2002. Place: Four Points by Sheraton Bethesda, of Health, 6100 Executive Blvd., Rm. 5E03, Time: 11 AM to 12 PM. 8400 Wisconsin Avenue, Bethesda, MD Bethesda, MD 20892, 301–435–6908. Agenda: To review and evaluate grant 20814. (Catalog of Federal Domestic Assistance applications. Program Nos. 93.209, Contraception and Contact Person: Krish Krishnan, PhD, Place: NIH, Rockledge 2, Bethesda, MD Infertility Loan Repayment Program; 93.864, Scientific Review Administrator, Center for 20892 (Telephone Conference Call). Population Research; 93.865, Research for Scientific Review, National Institutes of Contact Person: Cheri Wiggs, PhD, Mothers and Children; 93.929, Center for Health, 6701 Rockledge Drive, Room 6164, Scientific Review Administrator, Center for Medical Rehabilitation Research, National MSC 7892, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Institutes of Health, HHS) 1041. Health, 6701 Rockledge Drive, Room 3180, This notice is being published less than 15 MSC 7848, Bethesda, MD 20892, (301) 435– Dated: October 22, 2002. days prior to the meeting due to the timing 1261. LaVerne Y. Stringfield, limitations imposed by the review and This notice is being published less than 15 Director, Office of Federal Advisory funding cycle. days prior to the meeting due to the timing Committee Policy. Name of Committee: Center for Scientific limitations imposed by the review and [FR Doc. 02–27406 Filed 10–25–02; 8:45 am] Review Special Emphasis Panel, AIDS funding cycle. Opportunistic Infections SEP. BILLING CODE 4140–01–M Name of Committee: Center for Scientific Date: November 8, 2002. Review Special Emphasis Panel, Women’s Time: 8 AM to 5 PM. Mental Health. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Date: November 11, 2002. applications. Time: 1 PM to 2 PM. HUMAN SERVICES Place: Latham Hotel, 3000 M Street, NW., Agenda: To review and evaluate grant Washington, DC 20007–3701. applications. National Institutes of Health Contact Person: Eduardo A. Montalvo, Place: NIH, Rockledge 2, Bethesda, MD PhD, Scientific Review Administrator, Center 20892 (Telephone Conference Call). Center for Scientific Review; Notice of for Scientific Review, National Institutes of Contact Person: Jeffrey W. Elias, PhD, Closed Meetings Health, 6701 Rockledge Drive, Room 5108, Scientific Review Administrator, Center for MSC 7852, Bethesda, MD 20892, 301–435– Pursuant to section 10(d) of the Scientific Review, National Institutes of 1168. Health, 6701 Rockledge Drive, Room 3170, Federal Advisory Committee Act, as This notice is being published less than 15 MSC 7848, Bethesda, MD 20892, (301) 435– amended (5 U.S.C. appendix 2), notice days prior to the meeting due to the timing 0913, [email protected]. is hereby given of the following limitations imposed by the review and This notice is being published less than 15 meetings. funding cycle. days prior to the meeting due to the timing

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limitations imposed by the review and Contact Person: Jerrold Fried, PhD., Place: NIH, Rockledge 2, Bethesda, MD funding cycle. Scientific Review Administrator, Center for 20892, (Telephone Conference Call). Name of Committee: AIDS and Related Scientific Review, National Institutes of Contact Person: John Bishop PhD., Research Integrated Review Group, AIDS and Health, 6701 Rockledge Drive, Room 4126, Scientific Review Administrator, Center for Related Research 3. MSC 7802, Bethesda, MD 20892–7802, 301– Scientific Review, National Institutes of Date: November 12–13, 2002. 435–1777, [email protected]. Health, 6701 Rockledge Drive, Room 5180, Time: 8 AM to 11 AM. Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Review Special Emphasis Panel, Member 1250. applications. Conflict Reviews in Psychopathology and Name of Committee: Center for Scientific Place: Hyatt Regency, Chesapeake Suites, Adult Disorders. Review Special Emphasis Panel, ZRG1 SSS– One Bethesda Metro Center, Bethesda, MD Date: November 12, 2002. T 01: Quorum: Endorcine and Reproductive 20814. Time: 9 a.m. to 10 a.m. Science. Contact Person: Eduardo A. Montalvo, Agenda: To review and evaluate grant Date: November 12, 2002. PhD, Scientific Review Administrator, Center applications. Time: 2 p.m. to 5 p.m. for Scientific Review, National Institutes of Place: Melrose Hotel, 2430 Pennsylvania Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5108, Avenue, Washington, DC 20037. applications. MSC 7852, Bethesda, MD 20892, (301) 435– Contact Person: Luci Roberts, PhD., Place: NIH, Rockledge 2, Bethesda, MD 1168. Scientific Review Administrator, Center for 20892, (Telephone Conference Call). Name of Committee: Center for Scientific Scientific Review, National Institutes of Contact Person: Krish Krishnan, PhD., Review Special Emphasis Panel, ZRG1 VACC Health, 6701 Rockledge Drive, Room 3188, Scientific Review Administrator, Center for 02—HIV Vaccine R21 applications. MSC 7848, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Date: November 12, 2002. 0692, [email protected]. Health, 6701 Rockledge Drive, Room 6164, Time: 8:30 a.m. to 9:30 a.m. Name of Committee: Center for Scientific MSC 7892, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 VACC 1401. applications. 03—Innovation Grants: HIV Vaccines. Name of Committee: Center for Scientific Place: The Hyatt Regency Hotel, One Date: November 12, 2002. Review Special Emphasis Panel, ZRG1 UROL Bethesda Metro Center, Bethesda, MD 20814. Time: 9:30 a.m. to 5 p.m. 01: Urology. Contact Person: Mary Clare Walker, PhD., Agenda: To review and evaluate grant Date: November 12–13, 2002. Scientific Review Administrator, Center for applications. Time: 2 p.m. to 1 p.m. Scientific Review, National Institutes of Place: The Hyatt Regency Hotel, One Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5104, Bethesda Metro Center, Bethesda, MD 20814. applications. MSC 7852, Bethesda, MD 20892, (301) 435– Contact Person: Mary Clare Walker, PhD., Place: Holiday Inn Georgetown, 2101 1165. Scientific Review Administrator, Center for Wisconsin Avenue, NW., Washington, DC Name of Committee: Center for Scientific Scientific Review, National Institutes of 20007. Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 5104, Contact Person: Shirley Hilden, PhD, ZRG1BM1(01): Small Grant (R03, R15 & R21) MSC 7852, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Microbiology Applications. 1165. Scientific Review, National Institutes of Date: November 12, 2002. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4218, Time: 8:30 a.m. to 5 p.m. Review Special Emphasis Panel, MSC 7814, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Psychopathology and Adult Disorders. 1198. applications. Date: November 12, 2002. Name of Committee: Center for Scientific Place: Four Points Sheraton, 8400 Time: 10 a.m. to 6 p.m. Review Special Emphasis Panel, ZRG SSS X Wisconsin Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant 11B: Small Business: Electromagnetics. Contact Person: Timothy J. Henry, PhD., applications. Date: November 12, 2002. Scientific Review Administrator, Center for Place: Melrose Hotel, 2430 Pennsylvania Time: 2:00 PM to 4:00 PM. Scientific Review, National Institutes of Avenue, Washington, DC 20037. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4180, Contact Person: Luci Roberts, PhD., applications. MSC 7808, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Place: NIH, Rockledge 2, Bethesda, MD 1147. Scientific Review, National Institutes of 20892 (Telephone Conference Call). Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3188, Contact Person: Lee Rosen, PhD, Scientific Review Special Emphasis Panel, Small MSC 7848, Bethesda, MD 20892, (301) 435– Review Administrator, Center for Scientific Business: Radiation Biology and Medical 0692, [email protected]. Review, National Institutes of Health, 6701 Physics. Name of Committee: Center for Scientific Rockledge Drive, Room 5116, MSC 7854, Date: November 12, 2002. Review Special Emphasis Panel, ZRG1 BDCN Bethesda, MD 20892, (301) 435–1171. Time: 8:30 a.m. to 5:30 p.m. 2 04; Spinal Cord injury. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Date: November 12, 2002. Review Special Emphasis Panel, ZRG1 F03A applications. Time: 10 a.m. to 10:45 a.m. (20) MDCN Fellowship Review Group A. Place: Holiday Inn Georgetown, 2101 Agenda: To review and evaluate grant Date: November 13–14, 2002. Wisconsin Avenue, NW., Washington, DC applications. Time: 8:00 AM to 4:30 PM. 20007. Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant Contact Person: Shen K. Yang., PhD., 20892, (Telephone Conference Call). applications. Scientific Review Administrator, Center for Contact Person: Sherry L. Stuesses, PhD., Place: Jurys Washington Hotel, 1500 New Scientific Review, National Institutes of Scientific Review Administrator, Division of Hampshire Avenue, NW., Washington, DC Health, 6701 Rockledge Drive, Room 4138, Clinical and Population-Based Studies, 20036. MSC 7804, Bethesda, MD 20892, (301) 435– Center for Scientific Review, National Contact Person: Michael Nunn, PhD, 1213, [email protected]. Institutes of Health, 6701 Rockledge Drive, Scientific Review Administrator, Center for Name of Committee: Cardiovascular Room 5188, MSC 7846, Bethesda, MD 20892, Scientific Review, National Institutes of Sciences Integrated Review Group, 301–435–1785, [email protected]. Health, 6701 Rockledge Drive, Room 5208, Hematology Subcommittee 2. Name of Committee: Center for Scientific MSC 7850, Bethesda, MD 20892, (301) 435– Date: November 12–13, 2002. Review Special Emphasis Panel, Cognition 1257. Time: 8:30 a.m. to 3 p.m. and Neuroimaging. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Date: November 12, 2002. Review Special Emphasis Panel, SEP to applications. Time: 1:10 p.m. to 3:30 p.m. review SBIR applications. Place: Marriott Residence Inn, 7335 Agenda: To review and evaluate grant Date: November 13, 2002. Wisconsin Avenue, Bethesda, MD 20814. applications. Time: 8:00 AM to 12:00 PM.

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Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant applications and/or proposals. 20892 (Telephone Conference Call). applications. Place: The Hyatt Regency Hotel, One Contact Person: Victor A. Fung, PhD, Place: Melrose Hotel, 2430 Pennsylvania Bethesda Metro Center, Bethesda, MD 20814. Scientific Review Administrator, Center for Avenue, NW. Washington, DC 20037. Contact Person: Eduardo A. Montalvo, Scientific Review, National Institutes of Contact Person: Jay Joshi, PhD, Scientific PhD, Scientific Review Administrator, Center Health, 6701 Rockledge Drive, Room 4120, Review Administrator, Center for Scientific for Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20814–9692, 301– Review, National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 5108, 435–3504, [email protected]. Rockledge Drive, Room 5184, MSC 7846, MSC 7852, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific Bethesda, MD 20892, (301) 435–1184. 1168. Review Special Emphasis Panel, Cancer This notice is being published less than 15 Name of Committee: Center for Scientific Therapy. days prior to the meeting due to the timing Review Special Emphasis Panel, ZRG1 VACC Date: November 13, 2002. limitations imposed by the review and 11–Small Business: Viral Vaccines. Time: 3 p.m. to 5 p.m. funding cycle. Date: November 13, 2002. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Time: 8:30 AM to 10:00 AM. applications. Program Nos. 93.306, Comparative Medicine; Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD 93.306; 93.333, Clinical Research, 93.333, applications. 20892 (Telephone Conference Call). 93.337, 93.393–93.396, 93.837–93.844, Place: The Hyatt Regency Hotel, One Contact Person: Philip Perkins, PhD, 93.846–93.878, 93.892, 93.893, National Bethesda Metro Center, Bethesda, MD 20814. Scientific Review Administrator, Center for Institutes of Health, HHS) Contact Person: Mary Clare Walker, PhD, Scientific Review, National Institutes of Dated: October 22, 2002. Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4148, Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20892, (301) 435– LaVerne Y. Stringfield, Health, 6701 Rockledge Drive, Room 5104, 1718, [email protected]. Director, Office of Federal Advisory MSC 7852, Bethesda, MD 20892, (301) 435– (Catalogue of Federal Domestic Assistance Committee Policy. 1165. Program Nos. 93.306, Comparative Medicine, [FR Doc. 02–27398 Filed 10–25–02; 8:45 am] Name of Committee: Center for Scientific 93.306; 93.333, Clinical Research, 93.333, BILLING CODE 4140–01–M Review Special Emphasis Panel, Small 93.337, 93.393-93.396, 93.837–93.844, Business: Occupational Safety and Health. 93.846–93.878, 93.892, 93.893, National Date: November 13, 2002. Institutes of Health, HHS) Time: 9:00 AM to 5:00 PM. DEPARTMENT OF THE INTERIOR Agenda: To review and evaluate grant Dated: October 22, 2002. applications. LaVerne Y. Stringfield, Bureau of Land Management Place: Embassy Suites Hotel, 1900 Director, Office of Federal Advisory [NV–030–00–1020–24] Diagonal Road, Alexandria, VA 22314. Committee Policy. Contact Person: Charles N. Rafferty, PhD, [FR Doc. 02–27397 Filed 10–25–02; 8:45 am] Sierra Front-Northwestern Great Basin NIOSH Scientific Review Administrator, BILLING CODE 4140–01–M Resource Advisory Council; Notice of Center for Scientific Review, National 2003 Meetings Locations and Times Institutes of Health, 6701 Rockledge Drive, Room 4114, MSC 7816, Bethesda, MD 20892, AGENCY: Bureau of Land Management, (301) 435–3562, [email protected]. DEPARTMENT OF HEALTH AND HUMAN SERVICES Interior. Name of Committee: Center for Scientific ACTION: Notice of 2003 Meetings Review Special Emphasis Panel, National Institutes of Health Locations and Times for the Sierra Demographic Small Business. Front-Northwestern Great Basin Date: November 13, 2002. Center for Scientific Review; Notice of Time: 9:30 a.m. to 11:30 a.m. Resource Advisory Council (Nevada). Agenda: To review and evaluate grant Closed Meeting SUMMARY: applications. In accordance with the Pursuant to section 10(d) of the Federal Land Policy and Management Place: NIH, Rockledge 2, Bethesda, MD Federal Advisory Committee Act, as 20892 (Telephone Conference Call). Act and the Federal Advisory Contact Person: Robert Weller, PhD, amended (5 U.S.C. Appendix 2), notice Committee Act of 1972 (FACA), Scientific Review Administrator, Center for is hereby given of the following meetings of the U.S. Department of the Scientific Review, National Institutes of meeting. Interior, Bureau of Land Management Health, 6701 Rockledge Drive, Room 3160, The meeting will be closed to the (BLM) Sierra Front-Northwestern Great MSC 7770, Bethesda, MD 20892, (301) 435– public in accordance with the Basin Resource Advisory Council 0694. provisions set forth in sections (RAC), Nevada, will be held as indicated Name of Committee: Center for Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., below. Topics for discussion at each Review Special Emphasis Panel, ZRG1 VACC as amended. The grant applications and meeting will include, but are not limited 01—Vaccines of Infectious Diseases. the discussions could disclose to: January 28–29, 2003 (Carson City, Date: November 13–14, 2002. confidential trade secrets or commercial Time: 10 a.m. to 12 p.m. Nevada)—RAC review and property such as patentable material, recommendations on the Walker River Agenda: To review and evaluate grant and personal information concerning applications, The Hyatt Regency Hotel, One Basin EIS, report on national wild horse Bethesda Metro Center, Bethesda, MD 20814. individuals associated with the grant & burro program status, field trip to the Contact Person: Mary Clare Walker, PhD, applications, the disclosure of which proposed National Wild Horse & Burro Scientific Review Administrator, Center for would constitute a clearly unwarranted Adoption/Visitor Center site off U.S. Scientific Review, National Institutes of invasion of personal privacy. Highway 50 in Moundhouse, Nevada; Health, 6701 Rockledge Drive, Room 5104, Name of Committee: Center for Scientific April 24–25, 2003 (Reno, Nevada)— MSC 7852, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel, BDCN–4 1165. official action on Black Rock NCA (01). including subcommittee review and a Name of Committee: Center for Scientific Date: October 24–25, 2002.1 possible 1⁄2-day session with NE Review Special Emphasis Panel, DNA Repair. Time: 8:30 a.m. to 5 p.m. Date: November 13, 2002. California RAC, status of Nevada Time: 1 p.m. to 4 p.m. 1 Editorial Note: This document was received at counties wilderness package Agenda: To review and evaluate grant the Office of the Federal Register on October 23, development, and status of prescribed applications. 2002. fire & wildland fire planning projects in

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the Carson City and Winnemucca Field DEPARTMENT OF THE INTERIOR L. 92–463), as amended, notice is hereby Offices; and July 24–25, 2003 given that four meetings of the (Winnemucca, Nevada)—RAC review of National Park Service Combined Arts Advisory Panel to the Pine Nut Mountain Plan Amendment National Council on the Arts will be Death Valley National Park Advisory held at the Nancy Hanks Center, 1100 EIS, Sage Grouse program review and Commission inspection of fire rehabilitation sites Pennsylvania Avenue, NW, Washington, including an overnight camping trip in AGENCY: National Park Service, Interior. DC, 20506 as follows: Local Arts Agencies: November 13– the Winnemucca Field Office area. ACTION: Meeting notice. 14, 2002, Room 716 (Access and Manager’s reports of field office SUMMARY: Heritage & Preservation categories). A activities will be given at each meeting. This notice sets forth the date of the November 13, 2002 meeting of the portion of this meeting, from 10:45 a.m. The council may raise other topics at Death Valley National Park Advisory to 12 p.m. on November 14th, will be any of the three planned meetings. Commission. open to the public for policy discussion. The remaining portions of this meeting, DATES AND TIMES: The RAC will meet DATES: The public meeting will be held three times in 2003 on January 28–29 on November 13, 2002 from 9 a.m. to from 9 a.m. to 5 p.m. on November 13th (Tuesday & Wednesday), at the BLM– 4:30 p.m. and from 9 a.m. to 10:45 a.m. and 12 p.m. to 1:15 p.m. on November 14th, Carson City Field Office, 5665 Morgan ADDRESSES: The meeting will be held at Mill Road, Carson City, Nevada; on will be closed. the Death Valley National Park Visitor Dance: November 13–15, 2002, Room April 24–25 (Thursday & Friday), at the Center Auditorium, Highway 190, Death 730 (Access and Heritage & Preservation BLM–Nevada State Office, Great Basin Valley, California. categories). A portion of this meeting, A&B Conference Room, 1340 Financial FOR FURTHER INFORMATION CONTACT: from 9:30 a.m. to 10:30 a.m. on Blvd., Reno, Nevada; and on July 24–25 James T. Reynolds, Death Valley November 15th, will be open to the (Thursday & Friday), at the BLM– National Park, P.O. Box 579, Death public for policy discussion. The Winnemucca Field Office, 5100 E. Valley, California 92328. remaining portions of this meeting, from Winnemucca, Blvd., Winnemucca, SUPPLEMENTARY INFORMATION: The 9 a.m. to 6 p.m. on November 13th and Nevada. All meetings and field trips are meeting will be open to the public. Any 14th and from 10:30 a.m. to 2 p.m. open to the public. Each meeting will member of the public may file with the November 15th, will be closed. last from 8 a.m. to 4 p.m., plus, a general Commission a written statement Theater/Musical Theater: November public comment period, where the concerning agenda items. The statement 18–21, 2002, Room 730 (Access and public may submit oral or written should be addressed to the Death Valley Heritage & Preservation categories). A comments to the RAC, will be at 11 a.m. National Park Advisory Commission, portion of this meeting, from 3:15 p.m. on the first day of each meeting, unless PO Box 579, Death Valley, California to 4:45 p.m. on November 20th, will be otherwise listed in each specific, final 92328. open to the public for policy discussion. meeting agenda. Agenda: The November 13, 2002 The remaining portions of this meeting, meeting will consist of Operational from 10 a.m. to 6 p.m. on November Final detailed agendas, with any Updates on Park Activities which 18th and 19th, from 10 a.m. to 3:15 p.m. additions/corrections to agenda topics, include Fee Demo Program Outsourcing; and 4:45 p.m. to 6 p.m. on November locations, field trips and meeting times, Barrick Administrative Site Donation; 20th, and from 10 a.m. to 2:30 p.m. on will be available on the Internet at least California Desert Parks Foundation November 21st, will be closed. 14 days before each meeting, at update; Comprehensive Interpretive Visual Arts: November 19–20, 2002, www.nv.blm.gov/rac; hard copies can Plan update; a review of Fee Demo Room 716 (Access and Heritage & also be mailed or sent via FAX. Projects; Environmental Audit briefing; Preservation categories). A portion of Individuals who need special assistance Yucca Mountain Project update; Exotic this meeting, from 2 p.m. to 2:45 p.m., such as sign language interpretation or Plant Removal project update; will be open to the public for policy other reasonable accommodations, or Wilderness Boundary update; Grazing discussion. The remaining portions of who wish a hard copy of each agenda, issues update; Timbisha Shoshone Tribe this meeting, from 9 a.m. to 6 p.m. on should contact Mark Struble, Carson update; an update on the Furnace Creek November 19th and from 9 a.m. to 2 City Field Office, 5665 Morgan Mill Environmental Impact Statement and p.m. and 2:45 p.m. to 4:30 p.m. on Road, Carson City, NV 89701, telephone related water issues; and a Citizens November 20th, will be closed. (775) 885–6107 no later than 10 days Open Forum where the public can make The closed portions of these meetings prior to each meeting. comments and ask questions on any are for the purpose of Panel review, park activity. discussion, evaluation, and FOR FURTHER INFORMATION CONTACT: recommendation on applications for Dated: September 30, 2002. Mark Struble, Public Affairs Officer, financial assistance under the National James T. Reynolds, BLM Carson City Field Office, 5665 Foundation on the Arts and the Morgan Mill Road, Carson City, NV Superintendent. Humanities Act of 1965, as amended, 89701. Telephone: (775) 885–6107. E- [FR Doc. 02–27247 Filed 10–25–02; 8:45 am] including information given in mail: [email protected] BILLING CODE 4310–70–M confidence to the agency by grant applicants. In accordance with the Dated: October 23, 2002. determination of the Chairman of May John O. Singlaub, NATIONAL FOUNDATION ON THE 2, 2002, these sessions will be closed to Field Manager, Carson City Field Office. ARTS AND THE HUMANITIES the public pursuant to (c)(4)(6) and [FR Doc. 02–27314 Filed 10–25–02; 8:45 am] (9)(B) of section 552b of Title 5, United National Endowment for the Arts BILLING CODE 4310–HC–P States Code. Combined Arts Advisory Panel Any person may observe meetings, or portions thereof, of advisory panels that Pursuant to Section 10(a)(2) of the are open to the public, and, if time Federal Advisory Committee Act (Pub. allows, may be permitted to participate

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in the panel’s discussions at the meeting was previously published in opening remarks regarding the conduct discretion of the panel chairman and the Federal Register on Monday, of the meeting. with the approval of the full-time November 26, 2001 (66 FR 59034). 8:35 a.m.–12 Noon: Organizational Federal employee in attendance. and Personnel Matters (Closed)—The If you need special accommodations Thursday, November 7, 2002 Committee will discuss organizational due to a disability, please contact the 8:30 a.m.–8:35 a.m.: Opening and personnel matters as well as the Office of Accessability, National Statement by the ACRS Chairman— The potential improvements to internal Endowment for the Arts, 1100 ACRS Chairman will make opening ACRS policies and procedures. Pennsylvania Avenue, NW, Washington, remarks regarding the conduct of the Note: This session will be closed pursuant DC 20506, 202/682–5532, TDY–TDD meeting. to 5 U.S.C. 552b(c)(2) and (6) to discuss 202/682–5496, at least seven (7) days 8:35 a.m.–10 a.m.: Proposed organizational and personnel matters that prior to the meeting. Resolution of Generic Safety Issue relate solely to internal personnel rules and Further information with reference to (GSI)–189, ‘‘Susceptibility of Ice practices of ACRS, and information the this meeting can be obtained from Ms. Condenser and Mark III Containments release of which would constitute a clearly Kathy Plowitz-Worden, Office of to Early Failure From Hydrogen unwarranted invasion of personal privacy.) Guidelines & Panel Operations, National Combustion During a Severe Accident’’ 1 p.m.–4 p.m.: Safeguards and Endowment for the Arts, Washington, (Open)—The Committee will hear Security Activities (Closed)—(This DC, 20506, or call 202/682–5691. presentations by and hold discussions session will be held in room T–8E8.) Dated: October 22, 2002. with representatives of the NRC staff on The Committee will hear a report by the Kathy Plowitz-Worden, the results of their additional analyses cognizant Subcommittee Chairman Panel Coordinator, Panel Operations, and proposed recommendations for regarding matters discussed at the National Endowment for the Arts. resolving GSI–189. October 31, 2002 meeting of the ACRS [FR Doc. 02–27321 Filed 10–25–02; 8:45 am] 10:15 a.m.–11:45 a.m.: Early Site Subcommittee on Safeguards and BILLING CODE 7537–01–P Permit Process (Open)—The Committee Security. In addition, the Committee will hear presentations by and hold will discuss the content of a proposed discussions with representatives of the report to the Commission on Safeguards NATIONAL FOUNDATION ON THE NRC staff regarding Early Site Permit and Security matters. ARTS AND THE HUMANITIES Process. Note: This session will be closed pursuant 11:45 a.m.–12:15 p.m.: Peach Bottom to 5 U.S.C. 552b(c)(1) to protect national National Endowment for the Arts License Renewal Application (Open)— security information.) Report by the Subcommittee Chairman 4:15 p.m.–5 p.m.: Future ACRS Combined Arts Advisory Panel; Notice regarding the October 30, 2002 Plant of Change Activities/Report of the Planning and License Renewal Subcommittee meeting Procedures Subcommittee (Open)—The Pursuant to section 10(a)(2) of the on the license renewal application for Committee will discuss the Federal Advisory Committee Act (Pub. the Peach Bottom Nuclear Plant Units 2 recommendations of the Planning and L. 92–463), as amended, notice is hereby and 3. Procedures Subcommittee regarding given that the time of the open session 1:15 p.m.–3:15 p.m.: Westinghouse items proposed for consideration by the of the Combined Arts Advisory Panel, AP1000 Design (Open)—The Committee full Committee during future meetings. Music Section (Access and Heritage & will hear presentations by and hold Also, it will hear a report of the Preservation categories) has been discussions with representatives of Planning and Procedures Subcommittee changed. This session will be held from Westinghouse regarding the design on matters related to the conduct of 11 a.m. to 12:30 p.m., rather than 2 p.m. features of, and test information on, the ACRS business, including anticipated to 3:30 p.m., on November 22, 2002, at AP1000 design. The NRC staff will workload and member assignments. the Nancy Hanks Center, 1100 provide a status report regarding its 5 p.m.–5:15 p.m.: Reconciliation of Pennsylvania Avenue, NW., review schedule. ACRS Comments and Washington, DC, 20506. 3:30 p.m.–5 p.m.: Risk-Informed Recommendations (Open)—The Dated: October 22, 2002. Improvements to Standard Technical Committee will discuss the responses Specifications (Open)—The Committee Kathy Plowitz-Worden, from the NRC Executive Director for will hear presentations by and hold Operations (EDO) to comments and Panel Coordinator, Panel Operations, discussions with representatives of the National Endowment for the Arts. recommendations included in recent NRC staff regarding staff’s progress on ACRS reports and letters. The EDO [FR Doc. 02–27322 Filed 10–25–02; 8:45 am] risk-informed improvements to BILLING CODE 7537–01–P responses are expected to be made Standard Technical Specifications and available to the Committee prior to the related matters. meeting. 5:15 p.m.–6 p.m.: Report Regarding 5:30 p.m.–7 p.m.: Proposed ACRS NUCLEAR REGULATORY Recent Operating Events (Open)—The Reports (Open)—The Committee will COMMISSION Committee will hear a report by the discuss proposed ACRS reports. Cognizant ACRS member regarding Advisory Committee on Reactor Saturday, November 9, 2002 Safeguards; Meeting Notice recent operating events of interest. 6 p.m.–7 p.m.: Proposed ACRS 8:30 a.m.–10 a.m.: Proposed ACRS In accordance with the purposes of Reports (Open)—The Committee will Reports (Open)—The Committee will sections 29 and 182b. of the Atomic discuss proposed ACRS reports on discuss proposed ACRS reports. Energy Act (42 U.S.C. 2039, 2232b), the matters considered during this meeting. 10:15 a.m.–12:15 p.m.: Annual ACRS Advisory Committee on Reactor Report on the NRC Safety Research Safeguards (ACRS) will hold a meeting Friday, November 8, 2002 Program (Open)—The cognizant on November 7–9, 2002, in Conference 8:30 a.m.–8:35 a.m.: Opening Subcommittee Chairman will report on Room T–2B3, 11545 Rockville Pike, Remarks by the ACRS Chairman matters discussed at the November 6, Rockville, Maryland. The date of this (Open)—The ACRS Chairman will make 2002 Safety Research Program

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Subcommittee meeting, and the available through the NRC Public SECURITIES AND EXCHANGE Committee will discuss a draft ACRS Document Room at [email protected], or by COMMISSION report to the Commission on the NRC calling the PDR at 1–800–397–4209, or Safety Research Program. from the Publicly Available Records Sunshine Act Meeting 12:30 p.m.–1 p.m.: Miscellaneous System (PARS) component of NRC’s FEDERAL REGISTER CITATION OF PREVIOUS (Open)—The Committee will discuss document system (ADAMS) which is ANNOUNCEMENT: [67 FR 64940, October matters related to the conduct of accessible from the NRC Web site at 22, 2002] Committee activities and matters and http://www.nrc.gov/reading-rm/ specific issues that were not completed STATUS: adams.html or http://www.nrc.gov/ Open meeting during previous meetings, as time and reading-rm/doc-collections/ (ACRS & PLACE: 450 Fifth Street, NW., availability of information permit. Washington, DC Procedures for the conduct of and ACNW Mtg schedules/agendas). ANNOUNCEMENT OF OPEN MEETING: participation in ACRS meetings were Videoteleconferencing service is Open meeting. published in the Federal Register on available for observing open sessions of The Commission will hold an Open October 11, 2002 (67 FR 63460). In ACRS meetings. Those wishing to use Meeting on Friday, October 25, 2002 at accordance with those procedures, oral this service for observing ACRS or written views may be presented by 2:30 p.m., in Room 1C30, the William O. meetings should contact Mr. Theron Douglas Room, to consider members of the public, including Brown, ACRS Audio Visual Technician representatives of the nuclear industry. appointments to the Public Company (301–415–8066), between 7:30 a.m. and Accounting Oversight Board. Electronic recordings will be permitted 3:45 p.m., ET, at least 10 days before the only during the open portions of the The Commission (Chairman Pitt, meeting to ensure the availability of this Commissioners Glassman, Goldschmid, meeting. Persons desiring to make oral service. Individuals or organizations statements should notify the Associate Atkins and Campos) determined that no requesting this service will be Director for Technical Support named earlier notice thereof was possible. responsible for telephone line charges below five days before the meeting, if At times, changes in Commission possible, so that appropriate and for providing the equipment and priorities require alterations in the arrangements can be made to allow facilities that they use to establish the scheduling of meeting items. For further necessary time during the meeting for videoteleconferencing link. The information and to ascertain what, if such statements. Use of still, motion availability of videoteleconferencing any, matters have been added, deleted picture, and television cameras during services is not guaranteed. or postponed, please contact: The Office of the Secretary at (202) 942–7070. the meeting may be limited to selected Dated: October 22, 2002. portions of the meeting as determined Andrew L. Bates, Dated: October 24, 2002. by the Chairman. Information regarding Jonathan G. Katz, the time to be set aside for this purpose Advisory Committee Management Officer. [FR Doc. 02–27335 Filed 10–25–02; 8:45 am] Secretary. may be obtained by contacting the [FR Doc. 02–27483 Filed 10–24–02; 12:30 Associate Director prior to the meeting. BILLING CODE 7590–01–P pm] In view of the possibility that the BILLING CODE 8010–01–U schedule for ACRS meetings may be adjusted by the Chairman as necessary NUCLEAR REGULATORY to facilitate the conduct of the meeting, COMMISSION SECURITIES AND EXCHANGE persons planning to attend should check COMMISSION with the Associate Director if such Advisory Committee on Reactor rescheduling would result in major Safeguards Subcommittee Meeting on [Release No. 34–46702; File No. SR–Amex– inconvenience. Thermal-Hydraulic Phenomena (GSI– 2002–47] In accordance with Subsection 10(d) 189); Revised Pub. L. 92–463, I have determined that Self-Regulatory Organizations; Order it is necessary to close portions of this The starting time for the ACRS Approving Proposed Rule Change and meeting noted above to discuss Subcommittee meeting on Thermal- Amendment Nos. 1 and 2 and Notice of organizational and personnel matters Hydraulic Phenomena (GSI–189) Filing and Order Granting Accelerated that relate solely to internal personnel scheduled for November 5, 2002, Room Approval of Amendment No. 3 by the American Stock Exchange LLC rules and practices of ACRS, and T–2B3, 11545 Rockville Pike, Rockville, Relating to Non-Member Fees for information the release of which would Maryland has been changed from 8:30 Transactions in Nasdaq Securities constitute a clearly unwarranted a.m. to 1:30 p.m. invasion of personal privacy, per 5 Traded on an Unlisted Basis For further information contact: Ms. U.S.C. 552b(c)(2) and (6), and to protect Maggalean W. Weston (telephone 301– October 22, 2002. national security information per 5 415–3151) between 7:30 a.m. and 5:00 On June 3, 2002, the American Stock U.S.C. 552b(c)(1). p.m. (EDT). Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) Further information regarding topics filed with the Securities and Exchange to be discussed, whether the meeting Dated: October 18, 2002. Commission (‘‘SEC’’ or ‘‘Commission’’) has been canceled or rescheduled, the Howard J. Larson, the proposed rule change pursuant to Chairman’s ruling on requests for the Acting Associate Director for Technical section 19(b)(1) of the Securities opportunity to present oral statements, Support, ACRS/ACNW. Exchange Act of 1934 (‘‘Act’’),1 and and the time allotted therefor can be [FR Doc. 02–27336 Filed 10–25–02; 8:45 am] Rule 19b–4 thereunder.2 Amex filed obtained by contacting Dr. Sher Amendment No. 1 on June 11, 2002,3 Bahadur, Associate Director for BILLING CODE 7590–01–P Technical Support (301–415–0138), 1 15 U.S.C. 78s(b)(1). between 7:30 a.m. and 4:15 p.m., ET. 2 17 CFR 240.19b–4. ACRS meeting agenda, meeting 3 See letter from William Floyd-Jones, Assistant transcripts, and letter reports are General Counsel, Amex, to Katherine England, Esq.,

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and Amendment No. 2 on August 27, the proposed non-member transaction SECURITIES AND EXCHANGE 2002.4 The proposed rule change, as fees as of the trade date October 1, 2002, COMMISSION amended, was noticed in the Federal so that these fees will begin to be 5 [Release No. 34–46697; File No. SR–CHX– Register on September 17, 2002. On assessed at the same time as the 2002–15] October 3, 2002, Amex filed Exchange begins to assess its member Amendment No. 3 to the proposed rule transaction fees. Self-Regulatory Organizations; Notice change.6 The Commission is publishing of Filing and Immediate Effectiveness this notice to approve the proposed rule III. Solicitation of Comments of Proposed Rule Change by the change, as amended, and solicit Interested persons are invited to Chicago Stock Exchange, Inc. Relating comments on Amendment No. 3 from to Automatic and Manual Execution interested persons.7 submit written data, views and arguments concerning Amendment No. Procedures I. Description 3, including whether Amendment No. 3 October 21, 2002. The Amex proposes to adopt of the proposed rule change is Pursuant to section 19(b)(1) of the transaction fees for non-member trades consistent with the Act. Persons making Securities Exchange Act of 1934 in The Nasdaq Stock Market, Inc. written submissions should file six (‘‘Act’’),1 and Rule 19b–4 2 thereunder, (‘‘Nasdaq’’) securities admitted to copies thereof with the Secretary, notice is hereby given that on dealings on an unlisted basis. Securities and Exchange Commission, September 13, 2002, the Chicago Stock Accordingly, the Exchange is 450 Fifth Street, NW., Washington, DC Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’) implementing a separate fee schedule 20549–0609. Copies of the submission, filed with the Securities and Exchange for transactions in Nasdaq securities all subsequent amendments, all written Commission (‘‘SEC’’ or ‘‘Commission’’) admitted to dealings so that the Amex statements with respect to the proposed the proposed rule change as described can be competitive with other market rule change that are filed with the in Items I, II, and III below, which Items centers that trade Nasdaq securities. Commission, and all written have been prepared by the CHX. The According to the Exchange, the communications relating to the proposed rule change has been filed by proposed fees are in line with similar proposed rule change between the the CHX as a ‘‘non-controversial’’ rule fees charged by other market centers for change under Rule 19b–4(f)(6) 3 under transactions in Nasdaq securities. Commission and any person, other than those that may be withheld from the the Act. The Commission is publishing II. Commission Findings public in accordance with the this notice to solicit comments on the proposed rule change from interested The Commission finds that the provisions of 5 U.S.C. 552, will be persons. proposed rule change, as amended, is available for inspection and copying in consistent with section 6(b) of the Act 8 the Commission’s Public Reference I. Self-Regulatory Organization’s in general and furthers the objectives of Room. Copies of such filing will also be Statement of the Terms of Substance of Section 6(b) 9 in particular in that it is available for inspection and copying at the Proposed Rule Change designed to provide for the equitable the principal office of the Exchange. All The Exchange proposes to amend allocation of reasonable dues, fees, and submissions should refer to File No. Article XX, Rule 37 of the CHX Rules to other charges among its members, SR–Amex–2002–47 and should be clarify the provisions that govern the issuers and other persons using its submitted by November 18, 2002. approval necessary to switch from facilities. The Amex will assess the manual to automatic execution of same fees to both members and non- IV. Conclusion orders. members equally. The Commission also It is therefore ordered, pursuant to Below is the text of the proposed rule finds good cause for approving change. Proposed new language is proposed Amendment No. 3 prior to the section 19(b)(2) of the Act,10 that the proposed rule change (SR–Amex–2002– italicized. Proposed deletions are in thirtieth day after the date for [brackets]. publication of notice of filing thereof in 47), as amended, is hereby approved. the Federal Register. Amendment No. 3 For the Commission, by the Division of Chicago Stock Exchange Rules will permit the Amex to begin to assess Market Regulation, pursuant to delegated * * * * * authority.11 Article XX Assistant Director, Office of Market Supervision Margaret H. McFarland, (‘‘Market Supervision’’), Commission (June 10, * * * * * 2002). Deputy Secretary. 4 See letter from William Floyd-Jones, Assistant [FR Doc. 02–27350 Filed 10–25–02; 8:45 am] Guaranteed Execution System and General Counsel, Amex, to Katherine England, Esq., Midwest Automated Execution System Assistant Director, Market Supervision, BILLING CODE 8010–01–P Commission (Aug. 26, 2002). Rule 37 5 See Securities and Exchange Act Release No. 46483 (Sept. 10, 2002), 67 FR 58658 (Sept. 17, (a) No change to text. 2002). (b) No change to text. 6 Amex filed Amendment No. 3 to provide that (1)–(7) No change in text. the Amex will begin to assess the proposed non- [(8) In unusual trading situations, member transaction fees as of the trade date October specialists may switch from automatic 1, 2002. See letter from William Floyd-Jones, Assistant General Counsel, Amex, to Katherine execution to a manual execution mode England, Esq., Assistant Director, Market at their respective posts. With respect to Supervision, Commission (October 1, 2002) specialists trading Nasdaq issues, (‘‘Amendment No. 3’’). ‘‘manual execution mode’’ shall include 7 SR–Amex–2002–59 implements these same fees for members. See Securities Exchange Act Release any instance in which a specialist No. 46484 (Sept. 10, 2002), 67 FR 58659 (Sept. 17, 2002). 1 15 U.S.C. 78s(b)(1). 8 15 U.S.C. 78f(b). 10 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. 9 15 U.S.C. 78f(b)(4). 11 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4(f)(6).

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reduces the auto-execution threshold execution mode in unusual trading of the floor official who granted below the minimum set forth in Rule situations. With respect to specialists permission to go to manual mode must 37(b)(1) of this Article. For purposes of trading Nasdaq/NM securities, ‘‘manual be documented and filed with the this subsection (8), ‘‘unusual trading execution mode’’ shall include any market regulation department before the situations’’ for NASDAQ/NM issues instance in which a specialist reduces next business day’s opening. include the existence of large order the auto-execution threshold below the When operating in the manual mode. imbalances and/or significant price minimum set forth in Rule 37(b)(1) of Specialists still have the responsibility volatility. If a specialist elects to switch this Article. For purposes of this to fill customer orders according to CHX to a manual execution mode based on paragraph, ‘‘unusual trading situations’’ Rules—including the BEST Rule. All the existence of unusual trading include the existence of large order situations, such specialist (A) must imbalances and/or significant price pricing executions will be reviewed for document the basis for election of a volatility. accuracy. This capability should only be manual execution mode; (B) must utilized on an infrequent basis and only Procedures for switching to manual in unusual circumstances. disclose to its customers the differences execution mode. [In all other instances, in procedures from normal market w] When a specialist believes it is * * * * * conditions and the circumstances under necessary to be in a manual execution II. Self-Regulatory Organization’s which the specialist generally may mode, he or she must secure the Statement of the Purpose of, and activate these procedures; and (C) must permission of his/her firm’s floor seek relief from the requirements of Statutory Basis for, the Proposed Rule supervisor (who, under normal Change MAX from two (2) floor officials or a circumstances should be located on the designated member of the Exchange trading floor) before switching to In its filing with the Commission, the staff who would have authority to set manual, and the firm supervisor must CHX included statements concerning execution prices.] immediately (but in no event more than the purpose of and basis for the [(9)](8) No change to text. three minutes after switching to manual proposed rule change, and discussed [(10)](9) No change to text. mode) notify and secure the permission any comments it received on the [(11)](10) No change to text. of a floor official to remain in manual proposed rule change. The text of these [(12)](11) No change to text. mode. [This new functionality cannot be statements may be examined at the * * * * * used merely because of a volatile places specified in Item IV below. The * * * Interpretations and Policies: market, but shall only be permitted CHX has prepared summaries, set forth .01–.03 No change to text. when the primary market quotes are in Sections A, B and C below, of the .04 Ability to Switch MAX to inaccurate due to market conditions. For most significant aspects of such Manual Execution. example, this new functionality might statements. Effective April 4, 1994. Specialists be used if it became apparent that the have the ability to switch their MAX NYSE invoked its unusual market A. Self-Regulatory Organization’s terminals off automatic execution at conditions rule (pursuant to SEC Rule Statement of the Purpose of, and their respective posts. [This new 11Ac1–1).] The floor official must be Statutory Basis for, the Proposed Rule functionality is being implemented to satisfied that the conditions which Change allow specialists to timely switch to a permit putting an issue on manual mode 1. Purpose manual execution mode when a certain are present before granting a specialist’s analyst/reporter’s report is broadcast on request to switch to the manual mode In October, 2001, the Exchange’s cable T.V., if market conditions in a and such permission shall only be in Board of Governors approved changes to particular stock warrant it. Specialists effect for five minutes. A firm’s floor the procedures that a specialist must should switch to manual mode only supervisor shall monitor the conditions follow when switching from automatic when absolutely necessary and are which formed the basis for the decision to manual execution mode, intending required to return to the automatic to ensure that specialists return to the that the changes would apply to execution functionality immediately auto-execution feature when such specialists trading both listed and OTC when the primary market quotes conditions are no longer present. Both securities. Among other things, these accurately reflect market conditions. A the firm’s floor supervisor and the changes required the floor supervisor of specialist cannot remain in manual specialist have the responsibility, and a specialist firm to approve any switch mode, under this paragraph, for more are required, to immediately reinstate to manual execution mode before it than five minutes without securing the MAX’s automatic execution occurred and to promptly seek floor permission of two (2) floor officials.] functionality when [the primary market official approval of that change. Reasons for moving to manual quotes accurately reflect market Additionally, the amended language execution mode. Specialists trading conditions] market conditions no longer made it clear that the firm’s floor listed securities may use the procedures support the decision to move to manual described below to switch to manual execution mode. If the specialist and the supervisor was responsible for filing execution mode when the primary firm’s floor supervisor believe it is documentation with the Market market quotes are inaccurate due to necessary to continue in manual mode Regulation Department about each market conditions. For example, this for longer than five minutes, then the change. Finally, the modified text functionality might be used if it became firm supervisor must again secure the confirmed that floor official permission apparent that the NYSE invoked its permission of the floor official who to operate in manual execution mode unusual market conditions rule granted the initial permission, and if expired after a limited time period; after (pursuant to SEC Rule 11Ac1–1). This such floor official is not available, then five minutes, the specialist firm and its functionality cannot be used merely from another floor official. Reasons for floor supervisor were again required to because of a volatile market. going to manual mode, the time spent in seek permission to remain in manual Specialists trading Nasdaq/NM manual mode, the name of the firm execution mode. The CHX filed this securities may use the procedures supervisor who permitted the specialist proposed rule change with the described below to switch to manual to switch to manual mode and the name Commission on November 14, 2001; the

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Commission approved the proposed B. Self-Regulatory Organization’s operative as of September 13, 2002.11 rule change on April 17, 2002.4 Statement on Burden on Competition Acceleration of the operative date of the Because of a staff oversight, however, The CHX does not believe that the proposed rule change will allow the the changes made by the Exchange’s proposed rule change will impose any CHX to quickly harmonize the earlier proposal only impacted listed inappropriate burden on competition. procedures the specialist follows when specialists. This submission would switching from automatic execution C. Self-Regulatory Organization’s extend the same requirements to mode to manual execution mode for Statement on Comments on the listed and Nasdaq securities. specialists trading over-the-counter Proposed Rule Change Received From (‘‘OTC’’) securities and consolidate the Members, Participants or Others At any time within 60 days of the rule provisions relating to this issue for filing of the proposed rule change, the easier reference.5 No written comments were either Commission may summarily abrogate solicited or received. As with the Exchange’s earlier filing, such rule change if it appears to the the Exchange anticipates that these rule III. Date of Effectiveness of the Commission that such action is changes will promote greater Proposed Rule Change and Timing for necessary or appropriate in the public accountability and preclude reliance on Commission Action interest, for the protection of investors, or otherwise in furtherance of the manual execution mode in a manner Because the foregoing proposed rule purposes of the Act.12 that is potentially violative of CHX change: (1) Does not significantly affect rules. They also will assist the Market the protection of investors or the public IV. Solicitation of Comments Regulation Department in determining interest; (2) does not impose any more easily whether violations of the significant burden on competition; and Interested persons are invited to Exchange’s rules regarding manual (3) does not become operative for 30 submit written data, views and execution mode have occurred. days after the date of filing, or such arguments concerning the foregoing, shorter time as the Commission may including whether the proposed rule 2. Statutory Basis designate if consistent with the change is consistent with the Act. The Exchange believes that the protection of investors and the public Persons making written submissions proposed rule change is consistent with interest; provided that the self- should file six copies thereof with the the requirements of the Act and the regulatory organization has given the Secretary, Securities and Exchange rules and regulations thereunder that Commission written notice of its intent Commission, 450 Fifth Street, NW., to file the proposed rule change, along are applicable to a national securities Washington, DC 20549–0609. Copies of with a brief description and text of the exchange, and, in particular, with the the submission, all subsequent 6 proposed rule change, at least five amendments, all written statements requirements of section 6(b). In business days prior to the date of filing particular, the Exchange believes that with respect to the proposed rule of the proposed rule change, or such change that are filed with the the proposed rule change is consistent shorter time as designated by the 7 with section 6(b)(5) of the Act in that 8 Commission, and all written Commission, the proposed rule change communications relating to the it is designed to promote just and has become effective pursuant to section proposed rule change between the equitable principles of trade, to remove 19(b)(3)(A) of the Act 9 and Rule 19b– Commission and any person, other than impediments and to perfect the 4(f)(6)10 thereunder. those that may be withheld from the mechanism of a free and open market A proposed rule change filed under public in accordance with the and a national market system, and, in Rule 19b–4(f)(6) normally does not general, to protect investors and the become operative prior to 30 days after provisions of 5 U.S.C. 552, will be public interest. the date of filing. However, Rule 19b– available for inspection and copying in 4(f)(6)(iii) permits the Commission to the Commission’s Public Reference 4 See Securities Exchange Act Release No. 45770 designate a shorter time if such action Room. Copies of such filing will also be (April 17, 2002), 67 FR 19784 (April 23, 2002) (SR– is consistent with the protection of available for inspection and copying at CHX–2001–26). investors and the public interest. The the principal office of the CHX. All 5 The proposal deletes language from the rule that submissions should refer to File No. allows a listed specialist to switch to manual CHX seeks to have the proposed rule execution mode when a ‘‘certain analyst/reporter’s change become operative upon filing in SR–CHX–2002–15 and should be report is broadcast on cable TV.’’ That rule order to more quickly implement these submitted by November 18, 2002. provision has become obsolete and no longer procedures and thus require all of its provides a reason for which a specialist can switch For the Commission, by the Division of to manual execution mode. specialists—those trading both OTC and Market Regulation, pursuant to delegated Additionally, the Exchange has not included, in listed securities—to use identical authority.13 its proposal, a requirement that a specialist firm procedures when changing from Margaret H. McFarland, that changes its auto-execution status must notify automatic execution mode to manual order-sending firms of that change. The Exchange execution mode. Deputy Secretary. reports that in recent months, order-sending firms [FR Doc. 02–27299 Filed 10–25–02; 8:45 am] appear, more and more, to base their order-routing The Commission, consistent with the decisions on the execution quality statistics of protection of investors and the public BILLING CODE 8010–01–P various market centers. The Exchange believes that, interest, designates the proposal to be if orders are given quick executions at appropriate prices, order-sending firms may not be interested in 8 whether the execution was automatically or As required under Rule 19b–4(f)(6)(iii), the 11 For purposes only of accelerating the operative manually given. Nevertheless, the Exchange plans Exchange provided the Commission with written date of this proposal, the Commission has to continue the practice of providing automated notice of its intent to file the proposed rule change considered the proposed rule’s impact on notices to order-sending firms that request them at least five business days prior to the filing date with respect to trading in OTC issues and will or such shorter period as designated by the efficiency, competition, and capital formation. 15 consider whether a similar practice is appropriate Commission. See Prefiling Notice of Proposed Rule U.S.C. 78c(f). for firms that send orders in listed securities. Change (SR–CHX–2002–15), dated May 22, 2002. 12 See Section 19(b)(3)(C) of the Act, 15 U.S.C. 6 15 U.S.C. 78f(b). 9 15 U.S.C. 78s(b)(3)(A). 78(b)(3)(C). 7 15 U.S.C. 78f(b)(5). 10 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE (‘‘UTP’’). Members will be charged a per transactions and are subject to the COMMISSION share fee for Nasdaq securities based incremental rates as noted below: upon the following schedule: [Release No. 34–46688; File No. SR–CSE– Average daily share* vol- Charge per 2002–14] Number of shares traded (in ume share a single day) Fee per share Self-Regulatory Organizations; Notice 1 to 250,000 ...... $0.0015 of Filing and Immediate Effectiveness 0–5 million ...... $0.001 250,001 to 500,000 ...... 0.0013 of Proposed Rule Change by the 5 million one + ...... 0.000025] 500,001 to 750,000 ...... 0.0009 Cincinnati Stock Exchange, Inc. 750,001 to 1,250,000 ...... 0.0007 Relating to Changes in Transaction (1) Users executing crosses and meets 1,250,000 and higher ...... 0.0005 and Related Fees in Tape A securities shall be charged *Odd-Lot shares excluded $0.0005 per share per side for average October 18, 2002. (2) Dealers executing preferencing daily volume up to 5 million shares per Pursuant to section 19(b)(1) of the transactions in Tape C securities are day and $0.000025 per share per side charged for one side of their preferenced Securities Exchange Act of 1934 for average daily volume above 5 (‘‘Act’’),1 and Rule 19b-42 thereunder, transactions and are subject to the million shares, with a maximum charge following incremental rates: notice is hereby given that on of $37.50 per firm per side of September 30, 2002, the Cincinnati transaction. Stock Exchange, Inc. (‘‘Exchange’’ or Average daily share** vol- Charge per (2) Users, who are not registered as ume share ‘‘CSE’’) submitted to the Securities and Qualified or Designated Dealers in the Exchange Commission (‘‘SEC’’ or securities in which they are executing Up to 5 million shares ...... $0.001 ‘‘Commission’’) the proposed rule crosses and meets in Tape C securities 5 million shares and above 0.000025 change as described in Items I, II, and (Nasdaq NMM and SmallCap III below, which Items have been **Odd-Lot shares excluded securities), shall pay no transaction prepared by the CSE. The proposed rule [(i) Member Gross Fee Discount. fees. change has been filed by the CSE under Members will receive an incremental Rule 19b-4(f)(2)3 of the Act because it (3) Dealers executing crosses in Tape discount to their total gross fee** changes a due, fee, or other charge. The C securities (Tape ‘‘C’’ Transactions are charged in any given month as follows: Commission is publishing this notice to defined as transactions conducted in solicit comments on the proposed rule Nasdaq securities pursuant to unlisted Gross fees Percentage change from interested persons. trading privileges) in which they are registered shall be charged a per share $0.00 to $5,000 ...... 0 I. Self-Regulatory Organization’s fee as noted below: $5,000.01 to $20,000 ...... 0 Statement of the Terms of Substance of $20,000.01 to $50,000 ...... 15 the Proposed Rule Change Average daily number of $50,000.01 to $90,000 ...... 20 shares Fee per share $90,000.01 to $125,000 ...... 25 The CSE proposes to amend the $125,000.01 and higher ...... 30 Exchange’s schedule of transaction fees Up to 5 million shares ...... $0.001 *Excludes: Agency Transactions (a), and related fees. 5 million shares and above 0.000025 Crosses & Meets (e), Dealer of the Day (g)(2) The text of the proposed rule change and Preferenced Transaction (h) Fees.] is below. Proposed additions are in [(f) ITS Transactions. These (i) Reserved. italics and proposed deletions are in transactions are charged according to (j) Revenue Sharing Program. After [brackets]. the capacity in which they are the Exchange earns total operating * * * * * executed.] revenue sufficient to offset actual (f) ITS Transactions. All ITS Proposed Rule Change expenses and working capital needs, a transactions, whether inbound or percentage of all specialist Operating The Cincinnati Stock Exchange, outbound, will be charged $0.001 per Revenue (‘‘SOR’’) shall be eligible for Incorporated share. sharing with Designated Dealers. SOR is Trading Rules (g) (No change to text) defined as operating revenue, which is [(h) Preferenced Transactions. generated by specialist firms. SOR Rule 11.10 National Securities Trading Designated dealers that are preferencing consists of transactions fees, book fees, System Fees transactions are charged for one side of technology fees, and market data A. Trading Fees their preferenced transactions and are revenue, which is attributable to (a)–(d) (No Change to Text) subject to the incremental rates as noted specialist firm activity. SOR shall not (e) [(1) Crosses and Meets. Each below: include any investment income or member will be charged $0.0005 per regulatory monies. The sharing of SOR Avg. daily principal share* Charge per shall be based on each Designated share ($0.50/1000 shares), with a volume share maximum charge of $37.50 per firm per Dealer’s pro rata contribution to SOR. In side of the transaction. No agency, 1 to 250,000 ...... $0.0015 no event shall the amount or revenue professional agency or proprietary 250,001 to 500,000 ...... 0.0013 shared with Designated Dealers exceed charges are applied. 500,001 to 750,000 ...... 0.0009 SOR. To the extent market data revenue (2) Tape ‘‘C’’ Transactions. Tape ‘‘C’’ 750,001 to 1,250,000 ...... 0.0007 is subject to year-end adjustment, SOR Transactions are defined as transactions 1,250,000 and higher ...... 0.0005 revenue may be adjusted accordingly. (k) Tape ‘‘B’’ Transactions. The CSE conducted in Nasdaq securities *Odd-Lot Shares Excluded] pursuant to unlisted trading privileges will not impose a transaction fee on (h)(1) Preferenced Transactions. Consolidated Tape ‘‘B’’ securities. In 1 15 U.S.C. 78s(b)(1). Designated Dealers that are preferencing addition, Members will receive a 50 2 17 CFR 240.19b-4. transactions in Tape A securities are percent pro rata transaction credit of net 3 17 CFR 240.19b-4(f)(2). charged for one side of their preferenced Tape ‘‘B’’ revenue. To the extent market

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data revenue from Tape ‘‘B’’ structure of $0.001 for average daily extent CSE market data revenue is transactions is subject to year-end volume up to 5 million shares traded subject to a year-end adjustment, adjustment, credits provided under this and $0.000025 for average daily volume revenues distributed to members is program may be adjusted accordingly. above 5 million shares. Subsection (2) is subject to adjustment accordingly. This [(l) Tape ‘‘C’’ Transaction Credit. amended eliminate the current fee Exchange believes that this provision Members will receive a 75 percent pro schedule and to charge Users who are will ensure that member receipts of rata transaction credit of Tape ‘‘C’’ not Dealers no transaction fees for market data revenue are consistent with revenue.] crosses and meets in Tape C securities. the year-end true-up procedures applied (l) Reserved. The Exchange states that since it is by the Consolidated Tape Association (m) (No change to text) unable to share the market data revenue and the Nasdaq-UTP Plan. (n) (No change to text) generated through its volume, the The Exchange is eliminating Rule (o) Technology Fee. Every member of Exchange believes it is equitable and 11.10(A)(l) because of the Commission’s the Exchange shall be assessed a fee of reasonable to reduce other transaction [$500.00] $750.00 per month to help fees such as the fee for non-Dealers to abrogation of the Exchange’s pilot Nasdaq securities market data revenue offset technology expenses incurred by execute crosses and meets in Tape C 7 the Exchange. securities.4 sharing program. However, the (p) (No change to text) Subsection (3) of Rule 11.10(A)(e) is Exchange is reserving Rule 11.10(A)(l) (a) (No change to text) added to provide that Dealers executing should the Exchange refile its Nasdaq (r) Workstation Fee. Every member crosses in Tape C securities are charged revenue sharing program. Finally, the using the Exchange Workstation shall be $0.001 for average daily volume up to 5 Exchange is amending Rule 11.10(A)(o) charged $500.00 per device per month. million shares traded and $0.000025 for to increase the Exchange’s technology fee from $500 per month to $750 per * * * * * average daily volume above 5 million shares. The Exchange believes that it is month and is adding Rule 11.10(A)(r) to II. Self-Regulatory Organization’s fair to continue to charge Dealers in establish a fee of $500 per month for Statement of the Purpose of, and Tape C securities transaction fees access to the Exchange’s workstation, Statutory Basis for, the Proposed Rule because they are eligible to share in the which was recently introduced to Change market data revenue generated by their members. trading activity.5 This is because, under In its filing with the Commission, the 2. Statutory Basis CSE included statements concerning the Rule 11.10A(j), Dealers share in purpose of and basis for the proposed Specialist Operating Revenue, which The Exchange believes the proposed rule change and discussed any includes market data revenue, after the rule change is consistent with section comments it received on the proposed CSE retains sufficient income to offset 6(b) of the Act 8 in general, and with rule change. The text of these statements actual expenses and working capital section 6(b)(5) of the Act 9 specifically, 6 may be examined at the places specified needs. in that it is designed to perfect the in Item IV below. The CSE has prepared Rule 11.10(A)(f) is being amended to mechanism of a free and open market summaries, set forth in Sections A, B reflect changes in the billing of ITS and a national market system, protect and C below, of the most significant transactions. Currently, ITS transactions investors and the public interest and aspects of such statements. are charged according to the capacity in promote just and equitable principles of which they are executed. The Exchange trade. The Exchange also believes that A. Self-Regulatory Organization’s is amending Subsection (f) to provide the proposal is consistent with section Statement of the Purpose of, and that all ITS transactions will be billed 6(b)(4) of the Act 10 in that it is designed Statutory Basis for, the Proposed Rule $0.001 per share. Change The Exchange is also amending Rule to provide for the equitable allocation of reasonable dues, fees, and other charges 1. Purpose 11.10(A)(h), ‘‘Preferenced Transactions,’’ by adding subsections to among Exchange members by charging The Exchange is proposing the rule. Subsection (1) specifies that on a pro rata basis. amendments to the Exchange Rules the current fee schedule for preferenced B. Self-Regulatory Organization’s governing transaction and related fees. transactions set forth in rule 11.10(A)(h) Statement on Burden on Competition The first proposed rule change amends applies to Tape A securities only. subsection (1) to Rule 11.10(A)(e), Subsection (2) is added to provide that The CSE does not believe that the (‘‘Crosses and Meets’’). Subsection (1) preferenced transactions in Tape C proposed rule change will impose any currently provides that members will be securities will be charged $.001 for inappropriate burden on competition. charged $0.0005 per share per side, with average daily volume up to 5 million C. Self-Regulatory Organization’s a cap of $37.50 per firm per side of any shares and $0.000025 for average daily Statement on Comments on the transaction. The amended rule will volume above 5 million shares. provide that Users executing agency Rule 11.10(A)(i), ‘‘Member Gross Fee Proposed Rule Change Received From crosses or meets in Tape A securities Discounts,’’ is deleted in light of the Members, Participants or Others (securities listed on the New York Stock other fee reductions implemented in No written comments were either Exchange) shall be charged $0.0005 per this filing. solicited or received. share per side for average daily volume In addition, the Exchange is amending up to 5 million shares and $0.000025 Rules 11.10(A)(j) and (k) by adding a 7 See Securities Exchange Act Release No. 46159 per share per side for average daily provision to each clarifying that to the (July 2, 2002), 67 FR 45775 (July 10, 2002) (Order volume above 5 million shares. The cap of Summary Abrogation). The Commission notes of $75.00 per transaction remains. 4 Telephone conference call among Jeffery T. that the proposed rule change will effectively Subsection (2) of Rule 11.10(A)(e) is Brown, Senior Vice President and General Counsel, remove transaction fees for non-Dealer members of CSE, Florence Harmon, Senior Special Counsel, CSE, including ECNs, who execute crosses or meets amended to change the current fee Division, Commission, and Timothy Fox, Law in Tape C securities. structure for crosses and meets in Tape Clerk, Division, Commission, October 16, 2002. 8 15 U.S.C. 78f(b). C (Nasdaq securities) transactions. 5 Id. 9 15 U.S.C. 78f(b)(5). Currently, subsection (2) provides a fee 6 Id. 10 15 U.S.C. 78f(b)(4).

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III. Date of Effectiveness of the SECURITIES AND EXCHANGE the most significant aspects of such Proposed Rule Change and Timing for COMMISSION statements. Commission Action [Release No. 34–46698; File No. SR–ISE– A. Self-Regulatory Organization’s Because the foregoing proposed rule 2002–22] Statement of the Purpose of, and change changes a member due, fee or Statutory Basis for, the Proposed Rule Self-Regulatory Organizations; Notice other charge, it has become effective Change of Filing of Proposed Rule Change and pursuant to section 19(b)(3)(A) of the 1. Purpose 11 Amendment No. 1 by the International Act and subparagraph (f)(2) of Rule Securities Exchange, Inc. Relating to 12 19b-4 thereunder. Pilot Fee Waivers The Exchange proposes to waive two At any time within 60 days of the firm proprietary fees for a pilot period filing of the proposed rule change, the October 21, 2002. expiring on May 31, 2003. Customer fees for these types of trades already are Commission may summarily abrogate Pursuant to section 19(b)(1) of the waived through June 30, 2003. The fees such rule change if it appears to the Securities Exchange Act of 1934 1 2 the ISE proposes to waive under this Commission that such action is (‘‘Act’’), and Rule 19b–4 thereunder, pilot program are: necessary or appropriate in the public notice is hereby given that on October 3, 2002, the International Securities • interest, for the protection of investors, Firm proprietary fees for all Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) or otherwise in furtherance of the transactions executed in the ISE’s Block filed with the Securities and Exchange purposes of the Act.13 Order Mechanism. This is functionality Commission (‘‘Commission’’ or ‘‘SEC’’) that the ISE has introduced into the IV. Solicitation of Comments the proposed rule change as described market place to effect large trades of 50 in Items I, II, and III below, which Items or more contracts. The ISE’s goal is to Interested persons are invited to have been prepared by the Exchange. attract firm proprietary traders to use submit written data, views and The ISE filed an amendment to the this new type of functionality. arguments concerning the foregoing, proposed rule change on October 9, • including whether the proposed rule 2002.3 The Commission is publishing Firm proprietary fees and licensing change is consistent with the Act. this notice to solicit comments on the surcharges for all transactions in options Persons making written submissions proposed rule change, as amended, from on the iShares S&P 100 Index Fund, an exchange-traded fund based on the S&P should file six copies thereof with the interested persons. 100 Index. The ISE’s intent is to make Secretary, Securities and Exchange I. Self-Regulatory Organization’s trading in this product more attractive, Commission, 450 Fifth Street, NW, Statement of the Terms of Substance of and more competitive with options on Washington, DC 20549–0609. Copies of the Proposed Rule Change the S&P 100 Index. the submission, all subsequent amendments, all written statements The ISE is proposing to waive the The ISE will continue to charge these with respect to the proposed rule following fees through May 31, 2003: fees to its members for trades by both firm proprietary execution fees for change that are filed with the ISE market makers and market makers trading in the ISE Block Mechanism; Commission, and all written on other exchanges. However, the ISE firm proprietary execution fees for all communications relating to the does not permit non-members to enter trades on options on the iShares S&P orders on the ISE, and thus does not proposed rule change between the 100 Index Fund; and the $.10 licensing impose these fees directly on non- Commission and any person, other than surcharge fee for all firm proprietary members. those that may be withheld from the trades in options on the iShares S&P 100 public in accordance with the Index Fund. 2. Statutory Basis provisions of 5 U.S.C. 552, will be available for inspection and copying in II. Self-Regulatory Organization’s The ISE believes that the basis for the the Commission’s Public Reference Statement of the Purpose of, and proposed rule change is the requirement 4 Room. Copies of such filing will also be Statutory Basis for, the Proposed Rule under section 6(b)(4) of the Act that an available for inspection and copying at Change exchange have an equitable allocation of reasonable dues, fees and other charges the principal office of the CSE. All In its filing with the Commission, the among its members and other persons submissions should refer to File No. Exchange included statements using its facilities. SR–CSE–2002–14 and should be concerning the purpose of and basis for submitted by November 18, 2002. the proposed rule change and discussed B. Self-Regulatory Organization’s any comments it received on the For the Commission, by the Division Statement on Burden on Competition proposed rule change. The text of these of Market Regulation, pursuant to The Exchange believes that the 14 statements may be examined at the delegated authority. places specified in Item IV below. The proposal does not impose any burden Margaret H. McFarland, Exchange has prepared summaries, set on competition not necessary or Deputy Secretary. forth in sections A, B, and C below, of appropriate in furtherance of the purposes of the Act. [FR Doc. 02–27300 Filed 10–25–02; 8:45 am] 1 15 U.S.C. 78s(b)(1). BILLING CODE 8010–01–P 2 C. Self-Regulatory Organization’s 17 CFR 240.19b–4. Statement on Comments on the 3 See letter from Michael J. Simon, Senior Vice President and General Counsel, ISE, to Nancy Proposed Rule Change Received From Sanow, Assistant Director, Division of Market Members, Participants or Others Regulation, SEC, dated October 8, 2002, and 11 15 U.S.C. 78s(b)(3)(A). attachment (‘‘Amendment No. 1’’). In Amendment Written comments were neither No. 1, the ISE proposes to correct the rule text of 12 17 CFR 240.19b–4(f)(2). solicited nor received. the proposed rule change to clarify that the pilot 13 15 U.S.C. 78s(b)(3)(C). period for the fee waivers would end on May 31, 14 17 CFR 200.30–3(a)(12). 2003. 4 15 U.S.C. 78f(b)(4).

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III. Date of Effectiveness of the SECURITIES AND EXCHANGE (2) The following charges shall apply Proposed Rule Change and Timing for COMMISSION to the receipt of Level 2 or Level 3 Commission Action Nasdaq Service via equipment and [Release No. 34–46695; File No. SR–NASD– communications linkages prescribed for 2002–120] Within 35 days of the date of the Nasdaq Workstation II Service: publication of this notice in the Federal Self-Regulatory Organizations; Notice Register or within such longer period (i) Service Charge $1,875/month per of Filing and Immediate Effectiveness as the Commission may designate up to service delivery platform (‘‘SDP’’) from of Proposed Rule Change by the December 1, 2000 through February 28, 90 days of such date if it finds such National Association of Securities longer period to be appropriate and 2001. $2,035/month per SDP beginning Dealers, Inc. To Modify Application of March 1, 2001. publishes its reasons for so finding or Additional Circuit/SDP Charge Under (ii) as to which the Exchange consents, Rule 7010(f) to NASD Members Display Charge $525/month per the Commission will: presentation device (‘‘PD’’). (A) By order approve such proposed October 21, 2002. Additional Circuit/SDP Charge rule change, or Pursuant to section 19(b)(1) of the $3,075 per month from December 1, Securities Exchange Act of 1934 2000 through February 28, 2001, and (B) Institute proceedings to determine (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 whether the proposed rule change $3,235/month beginning March 1, notice is hereby given that on 2001*. should be disapproved. September 12, 2002 the National A subscriber that accesses Nasdaq IV. Solicitation of Comments Association of Securities Dealers, Inc. (‘‘NASD’’), through its subsidiary, The Workstation II Service via an Interested persons are invited to Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), application programming interface submit written data, views and filed with the Securities and Exchange (‘‘API’’) shall be assessed the Service arguments concerning the foregoing, Commission (‘‘Commission’’) the Charge for each of the subscriber’s SDPs including whether the proposed rule proposed rule change as described in and shall be assessed the Display Charge change is consistent with the Act. Items I, II, and III below, which Nasdaq for each of the subscriber’s API linkages, Persons making written submissions has prepared. Nasdaq has designated including an NWII substitute or quote- should file six copies thereof with the this proposal as one establishing or update facility. API subscribers also Secretary, Securities and Exchange changing a due, fee or other charge shall be subject to the Additional Commission, 450 Fifth Street, NW, imposed by the self-regulatory Circuit/SDP Charge. Washington, DC 20549–0609. Copies of organization under section (3) No change. 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– the submission, all subsequent 4(f)(2) thereunder,4 which renders the *A subscriber shall be subject to the amendments, all written statements rule immediately effective upon filing Additional Circuit/SDP Charge when with respect to the proposed rule with the Commission. The Commission the subscriber has not maximized change that are filed with the is publishing this notice to solicit capacity on its SDPs by placing eight Commission, and all written comments on the proposed rule change PDs and/or API servers on an SDP and communications relating to the from interested persons. obtains an additional SDP(s); in such proposed rule change between the case, the subscriber shall be charged the I. Self-Regulatory Organization’s Commission and any person, other than Additional Circuit/SDP Charge (in lieu those that may be withheld from the Statement of the Terms of Substance of the Proposed Rule Change of the service charge) for each public in accordance with the ‘‘underutilized’’ SDP(s) (i.e., the provisions of 5 U.S.C. 552, will be Nasdaq proposes to modify the difference between the number of SDPs available for inspection and copying in conditions under which members pay a subscriber has and the number of the Commission’s Public Reference the Additional Circuit/SDP Charge SDPs the subscriber would need to 5 Room. Copies of such filing will also be under NASD Rule 7010(f). As support its PDs and/or API servers, available for inspection and copying at described in more detail in section assuming an eight-to-one ratio). A the principal office of the ISE. All II.A.1 below, for members that require subscriber also shall be subject to the circuit consolidation, Nasdaq proposes submissions should refer to file number Additional Circuit/SDP Charge when to implement the Additional Circuit/ SR–ISE–2002–22 and should be the subscriber has not maximized submitted by November 18, 2002. SDP Charge on a rolling basis as the circuit consolidation work is performed. capacity on its T1 circuits by placing For the Commission, by the Division of The text of the proposed rule change [six] eighteen SDPs on a T1 circuit; in Market Regulation, pursuant to delegated is below. Proposed new text is italicized such case, the subscriber shall be 5 authority. and proposed deleted text is [bracketed]. charged the Additional Circuit/SDP Charge (in lieu of the service charge) for Margaret H. McFarland, * * * * * Deputy Secretary. Rule 7010. System Services each ‘‘underutilized’’ SDP slot on the [FR Doc. 02–27301 Filed 10–25–02; 8:45 am] (a) ‘‘ (e) No change existing T1 circuit(s). Regardless of the SDP allocation across T1 circuits, a BILLING CODE 8010–01–P (f) Nasdaq WorkstationTM Service (1) No change. subscriber will not be subject to the Additional Circuit/SDP Charge if the 1 15 U.S.C. 78s(b)(1). subscriber does not exceed the 2 17 CFR 240.19b–4. minimum number of T1 circuits needed 3 15 U.S.C. 78s(b)(3)(A)(ii). to support its SDP, assuming [a six to 4 17 CFR 240.19b–4(f)(2). one] an eighteen-to-one ratio. 5 Nasdaq also submitted a proposed rule change to modify the conditions under which non- (g)–(r) No change. members of the NASD pay the Additional Circuit/ * * * * * 5 17 CFR 200.30–3(a)(12). SDP Charge. See SR–NASD–2002–121.

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II. Self-Regulatory Organization’s not pay the Additional Circuit/SDP upgrade of a given subscriber, the Statement of the Purpose of, and Charge, however, if the subscriber does eighteen-to-one ratio would apply. Statutory Basis for, the Proposed Rule not exceed the minimum number of T1 Similarly, if a subscriber chooses not to Change circuits needed to support its SDPs, complete the upgrade, the subscriber In its filing with the Commission, assuming a six-to-one ratio. This pricing would be charged according to the Nasdaq included statements concerning structure encourages subscribers to eighteen-to-one ratio, starting with the the purpose of and basis for the maximize circuit capacity and is aimed calendar month following its decision proposed rule change and discussed any at preventing the premature exhaustion not to upgrade. Finally, for subscribers comments it had received on the of EWN II’s capacity to support that do not require circuit consolidation, proposed rule change. The text of these additional circuits. This in turn helps to the eighteen-to-one ratio would apply statements may be examined at the ensure that the capacity of the EWN II immediately. Thus, if a subscriber that places specified in Item IV below. can keep pace with the growth of is utilizing circuits efficiently adds a Nasdaq has prepared summaries, set trading volumes. In order to reflect the new circuit before fully utilizing the forth in Sections A, B, and C below, of realities of technological change and to capacity of existing circuit(s), it would the most significant aspects of such encourage firms to take full advantage of be assessed the Additional Circuit/SDP statements. the resulting efficiencies, Nasdaq is Charge. modifying the requirement for full A. Self-Regulatory Organization’s utilization of circuits from six SDPs per 2. Statutory Basis Statement of the Purpose of, and T1 circuit to eighteen. As is currently Nasdaq believes that the proposed Statutory Basis for, the Proposed Rule the case, subscribers would not pay an rule change is consistent with the Change Additional Circuit/SDP Charge for provisions of section 15A of the Act,9 10 1. Purpose unused slots as long as the subscriber including Section 15A(b)(5) of the Act, does not exceed the minimum number which requires that the rules of the The Nasdaq Workstation II (‘‘NWII’’) of T1 circuits needed to support its NASD provide for the equitable service allows market participants to SDPs (based on an eighteen-to-one allocation of reasonable dues, fees and access Nasdaq and Nasdaq facilities ratio). other charges among members and through Nasdaq’s Enterprise Wide Nasdaq believes that the increased issuers and other persons using any Network II (‘‘EWN II’’). To use the NWII efficiency of T1 circuits will allow facility or system which the NASD service, each subscriber location has at Nasdaq and subscribers to discontinue operates or controls. As is currently the least one service delivery platform the use of many T1 circuit pairs, and case, the Additional Circuit/SDP Charge (‘‘SDP’’) that connects to Nasdaq by a that this will, in turn, expand the would be imposed upon subscribers that dedicated T1 circuit pair. The SDP available capacity of EWN II, thereby make inefficient use of T1 circuits and functions as the gateway from the enhancing its ability to keep pace with SDPs. The proposed rule change would subscriber’s NWII ‘‘presentation device’’ future growth in trading volumes. In not result in any change in the fees paid 6 (‘‘PD’’) or application programming anticipation of this capacity expansion, by subscribers that take advantage of the 7 interface (‘‘API’’) server to the EWN II. during the past three months Nasdaq opportunity to eliminate underutilized Each SDP is permitted to support up to has tripled the EWN II bandwidth, from T1 circuits. Moreover, Nasdaq believes eight PDs or API servers. In the past, 256kb to 768kb, without increasing that, by encouraging subscribers to each T1 circuit pair had been capable of costs to subscribers. Moreover, since maximize circuit capacity, the proposed supporting six SDPs. As the result of subscribers will be able to use a T1 rule change will help to ensure that the recent improvements in circuit circuit pair to support more SDPs than EWN II can keep pace with future efficiency, however, it is now possible has previously been the case, a growth of trading volumes. to support eighteen SDPs on one T1 subscriber can now expand its own circuit pair. This marked increase in capability as its needs grow without B. Self-Regulatory Organization’s circuit capacity provides Nasdaq and its incurring the costs and delays Statement on Burden on Competition market participants with an opportunity associated with installation of an Nasdaq believes that the proposed to enhance the efficiency of the NWII additional circuit pair. rule change does not impose any burden service by reducing the number of In order to allow subscribers with on competition that is not necessary or circuits required to provide a given level redundant circuits to take advantage of appropriate in furtherance of the of service. these added efficiencies, it will be purposes of the Act. Under Nasdaq’s current pricing necessary for Nasdaq to perform structure for NWII, a subscriber upgrades on subscribers’ existing C. Self-Regulatory Organization’s generally pays $2,035 per SDP month, circuits, a process that can only be Statement on Comments on the but is assessed an ‘‘Additional Circuit/ completed on a circuit-by-circuit basis. Proposed Rule Change Received From SDP Charge’’ of $3,235 per month for Accordingly, Nasdaq would implement Members, Participants, or Others unutilized SDP slots if it uses T1 the proposed Additional Circuit/SDP Nasdaq neither solicited nor received circuits inefficiently.8 A subscriber does Charge on a rolling basis, as subscribers written comments with respect to the with redundant circuits are provided proposed rule change. 6 A PD is an NWII workstation provided by with the opportunity to have the circuit Nasdaq that resides on the desktop of the end user. consolidation work performed. III. Date of Effectiveness of the 7 An API allows a firm to obtain NWII service Subscribers would receive notice of the Proposed Rule Change and Timing for using the firm’s own workstation (e.g., a personal opportunity to eliminate unneeded Commission Action computer), server, and software systems to access, display, interface with, and operate the NWII circuits through direct personal contact The foregoing rule change has become service. from Nasdaq technical personnel. Until effective pursuant to section 8 The Additional Circuit/SDP Charge is also a subscriber’s circuits have been 19(b)(3)(A)(ii) of the Act 11 and Rule assessed, in lieu of the $2,035 per SDP per month upgraded, the subscriber would be Service Charge, if a subscriber exceeds the minimum number of SDPs needed to support its charged the Additional Circuit/SDP 9 15 U.S.C. 78o-3. PDs and/or API servers (assuming an eight-to-one Charge on the basis of a six-to-one ratio. 10 15 U.S.C. 78o-3(b)(5). ratio). This aspect of the fee is not being changed. Following the completion of the 11 15 U.S.C. 78s(b)(3)(A)(ii).

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19b–4(f)(2) thereunder 12 because it (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 update facility. API subscribers also establishes or changes a due, fee, or notice is hereby given that on shall be subject to the Additional Circuit other charge. At any time within 60 September 12, 2002 the National /SDP Charge. days after the filing of this proposed Association of Securities Dealers, Inc. (3) No change. rule change, the Commission may (‘‘NASD’’), through its subsidiary, The *A subscriber shall be subject to the summarily abrogate the rule change if it Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), Additional Circuit/SDP Charge when appears to the Commission that such filed with the Securities and Exchange the subscriber has not maximized action is necessary or appropriate in the Commission (‘‘Commission’’) the capacity on its SDPs by placing eight public interest, for the protection of proposed rule change as described in PDs and/or API servers on an SDP and investors, or otherwise in furtherance of Items I, II, and III below, which Nasdaq obtains an additional SDP(s); in such the purposes of the Act. has prepared. The Commission is case, the subscriber shall be charged the Additional Circuit/SDP Charge (in lieu IV. Solicitation of Comments publishing this notice to solicit comments on the proposed rule change of the service charge) for each Interested persons are invited to from interested persons. ‘‘underutilized’’ SDP(s) (i.e., the submit written data, views, and difference between the number of SDPs arguments concerning the foregoing, I. Self-Regulatory Organization’s a subscriber has and the number of including whether the proposed rule Statement of the Terms of Substance of SDPs the subscriber would need to change is consistent with the Act. the Proposed Rule Change support its PDs and/or API servers, Persons making written submissions Nasdaq proposes to modify the assuming an eight-to-one ratio). A should file six copies thereof with the conditions under which subscribers subscriber also shall be subject to the Secretary, Securities and Exchange who are not members of the NASD pay Additional Circuit/SDP Charge when Commission, 450 Fifth Street, NW, the Additional Circuit/SDP Charge the subscriber has not maximized Washington, DC 20549–0609. Copies of under NASD Rule 7010(f).3 For non- capacity on its T1 circuits by placing the submission, all subsequent member subscribers that require circuit [six] eighteen SDPs on a T1 circuit; in amendments, all written statements consolidation, Nasdaq proposes to such case, the subscriber shall be with respect to the proposed rule implement the Additional Circuit/SDP charged the Additional Circuit/SDP change that are filed with the Charge on a rolling basis as the circuit Charge (in lieu of the service charge) for Commission, and all written consolidation work is performed. each ‘‘underutilized’’ SDP slot on the communications relating to the The text of the proposed rule change existing T1 circuit(s). Regardless of the proposed rule change between the is below. Proposed new text is italicized SDP allocation across T1 circuits, a Commission and any person, other than and proposed deleted text is [bracketed]. subscriber will not be subject to the those that may be withheld from the * * * * * Additional Circuit/SDP Charge if the public in accordance with the subscriber does not exceed the Rule 7010. System Services provisions of 5 U.S.C. 552, will be minimum number of T1 circuits needed available for inspection and copying in (a)—(e) No change. to support its SDP, assuming [a six to the Commission’s Public Reference (f) Nasdaq WorkstationTM Service one] an eighteen-to-one ratio. Room. Copies of such filing also will be (g)–(r) No change. available for inspection and copying at (1) No change. the principal office of the NASD. All (2) The following charges shall apply * * * * * submissions should refer to File No. to the receipt of Level 2 or Level 3 II. Self-Regulatory Organization’s SR–NASD–2002–120 and should be Nasdaq Service via equipment and Statement of the Purpose of, and submitted by November 18, 2002. communications linkages prescribed for Statutory Basis for, the Proposed Rule For the Commission, by the Division of the Nasdaq Workstation II Service: Change Service Charge: $1,875/month per Market Regulation, pursuant to delegated In its filing with the Commission, authority.13 service delivery platform (‘‘SDP’’) from December 1, 2000 through February 28, Nasdaq included statements concerning Margaret H. McFarland, the purpose of and basis for the Deputy Secretary. 2001 $2,035/month per SDP beginning March 1, 2001. proposed rule change and discussed any [FR Doc. 02–27351 Filed 10–25–02; 8:45 am] Display Charge: $525/month per comments it had received on the BILLING CODE 8010–01–P presentation device (‘‘PD’’). proposed rule change. The text of these Additional Circuit/SDP Charge: statements may be examined at the $3,075 per month from December 1, places specified in Item IV below. SECURITIES AND EXCHANGE 2000 through February 28, 2001, and Nasdaq has prepared summaries, set COMMISSION $3,235/month beginning March 1, forth in Sections A, B, and C below, of [Release No. 34–46696; File No. SR–NASD– 2001*. the most significant aspects of such 2002–121] A subscriber that accesses Nasdaq statements. Workstation II Service via an Self-Regulatory Organizations; Notice A. Self-Regulatory Organization’s application programming interface Statement of the Purpose of, and of Filing of Proposed Rule Change by (‘‘API’’) shall be assessed the Service the National Association of Securities Statutory Basis for, the Proposed Rule Charge for each of the subscriber’s SDPs Change Dealers, Inc. To Modify Application of and shall be assessed the Display Charge Additional Circuit/SDP Charge Under for each of the subscriber’s API linkages, 1. Purpose Rule 7010(f) to Non-NASD Members including an NWII substitute or quote- The Nasdaq Workstation II (‘‘NWII’’) October 21, 2002. service allows market participants to Pursuant to section 19(b)(1) of the 1 15 U.S.C. 78s(b)(1). access Nasdaq and Nasdaq facilities 2 Securities Exchange Act of 1934 17 CFR 240.19b–4. through Nasdaq’s Enterprise Wide 3 Nasdaq also submitted a proposed rule change to modify the conditions under which members pay Network II (‘‘EWN II’’). To use the NWII 12 17 CFR 240.19b–4(f)(2). the Additional Circuit/SDP Charge. See SR–NASD– service, each subscriber location has at 13 17 CFR 200.30–3(a)(12). 2002–120. least one service delivery platform

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(‘‘SDP’’) that connects to Nasdaq by a this will, in turn, expand the available issuers and other persons using any dedicated T1 circuit pair. The SDP capacity of EWN II, thereby enhancing facility or system which the NASD functions as the gateway from the its ability to keep pace with future operates or controls. As is currently the subscriber’s NWII ‘‘presentation device’’ growth in trading volumes. In case, the Additional Circuit/SDP Charge (‘‘PD’’) 4 or application programming anticipation of this capacity expansion, would be imposed upon subscribers that interface (‘‘API’’) server 5 to the EWN II. during the past three months Nasdaq make inefficient use of T1 circuits and Each SDP is permitted to support up to has tripled the EWN II bandwidth, from SDPs. The proposed rule change would eight PDs or API servers. In the past, 256kb to 768kb, without increasing not result in any change in the fees paid each T1 circuit pair had been capable of costs to subscribers. Moreover, since by subscribers that take advantage of the supporting six SDPs. As the result of subscribers will be able to use a T1 opportunity to eliminate underutilized recent improvements in circuit circuit pair to support more SDPs than T1 circuits. Moreover, Nasdaq believes efficiency, however, it is now possible has previously been the case, a that, by encouraging subscribers to to support eighteen SDPs on one T1 subscriber can now expand its own maximize circuit capacity, the proposed circuit pair. This marked increase in capability as its needs grow without rule change will help to ensure that the circuit capacity provides Nasdaq and its incurring the costs and delays EWN II can keep pace with future market participants with an opportunity associated with installation of an growth of trading volumes. to enhance the efficiency of the NWII additional circuit pair. service by reducing the number of In order to allow subscribers with B. Self-Regulatory Organization’s circuits required to provide a given level redundant circuits to take advantage of Statement on Burden on Competition of service. these added efficiencies, it will be Nasdaq believes that the proposed Under Nasdaq’s current pricing necessary for Nasdaq to perform rule change does not impose any burden structure for NWII, a subscriber upgrades on subscribers’ existing on competition that is not necessary or generally pays $2,035 per SDP month, circuits, a process that can only be appropriate in furtherance of the but is assessed an ‘‘Additional Circuit/ completed on a circuit-by-circuit basis. purposes of the Act. SDP Charge’’ of $3,235 per month for Accordingly, Nasdaq would implement unutilized SDP slots if it uses T1 the proposed Additional Circuit/SDP C. Self-Regulatory Organization’s circuits inefficiently.6 A subscriber does Change on a rolling basis, as it provides Statement on Comments on the not pay the Additional Circuit/SDP subscribers with redundant circuits the Proposed Rule Change Received From Charge, however, if the subscriber does opportunity to have the circuit Members, Participants, or Others not exceed the minimum number of T1 consolidation work performed. Nasdaq neither solicited nor received circuits needed to support its SDPs, Subscribers would receive notice of the written comments with respect to the assuming a six-to-one ratio. This pricing opportunity to eliminate unneeded proposed rule change. structure encourages subscribers to circuits through direct personal contact maximize circuit capacity and is aimed from Nasdaq technical personnel. Until III. Date of Effectiveness of the at preventing the premature exhaustion a subscriber’s circuits have been Proposed Rule Change and Timing for of EWN II’s capacity to support upgraded, the subscriber would be Commission Action additional circuits. This in turn helps to charged the Additional Circuit/SDP Within 35 days of the date of ensure that the capacity of the EWN II Charge on the basis of a six-to-one ratio. publication of this notice in the Federal can keep pace with the growth of Following the completion of the Register or within such longer period (i) trading volumes. In order to reflect the upgrade of a given subscriber, the as the Commission may designate up to realities of technological change and to eighteen-to-one ratio would apply. 90 days of such date if it finds such encourage firms to take full advantage of Similarly, if a subscriber chooses not to longer period to be appropriate and the resulting efficiencies, Nasdaq is complete the upgrade, the subscriber publishes its reasons for so finding or modifying the requirement for full would be charged according to the (ii) as to which NASD consents, the utilization of T1 circuits from six SDPs eighteen-to-one ratio, starting with the Commission will: per T1 circuit to eighteen. As is calendar month following its decision (A) By order approve the proposed currently the case, subscribers would not to upgrade. Finally, for subscribers rule change, or not pay an Additional Circuit/SDP that do not require circuit consolidation, (B) Institute proceedings to determine Charge for unused slots as long as the the eighteen-to-one ratio would apply whether the proposed rule change subscriber does not exceed the once the proposed rule change becomes should be disapproved. minimum number of T1 circuits needed effective. Thus, if a subscriber that is IV. Solicitation of Comments to support its SDPs (based on an utilizing circuits efficiently adds a new eighteen-to-one ratio). circuit before fully utilizing the capacity Interested persons are invited to Nasdaq believes that the increased of existing circuit(s), it would be submit written data, views, and efficiency of T1 circuits will allow assessed the Additional Circuit/SDP arguments concerning the foregoing, Nasdaq and subscribers to discontinue Charge. including whether the proposed rule the use of many T1 circuit pairs and that change is consistent with the Act. 2. Statutory Basis Persons making written submissions 4 A PD is an NWII workstation provided by Nasdaq believes that the proposed should file six copies thereof with the Nasdaq that resides on the desktop of the end user. rule change is consistent with the Secretary, Securities and Exchange 5 An API allows a firm to obtain NWII service provisions of section 15A of the Act,7 Commission, 450 Fifth Street, NW., using the firm’s own workstation (e.g., a personal 8 Washington, DC 20549–0609. Copies of computer), server, and software systems to access, including section 15A(b)(5) of the Act, display, interface with, and operate the NWII which requires that the rules of the the submission, all subsequent service. NASD provide for the equitable amendments, all written statements 6 The Additional Circuit/SDP Charge is also allocation of reasonable dues, fees and with respect to the proposed rule assessed, in lieu of the $2,035 per SDP per month other charges among members and change that are filed with the Service Charge, if a subscriber exceeds the minimum number of SDPs needed to support its Commission, and all written PDs and/or API servers (assuming an eight-to-one 7 15 U.S.C. 78o–3. communications relating to the ratio). This aspect of the fee is not being changed. 8 15 U.S.C. 78o–3(b)(5). proposed rule change between the

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Commission and any person, other than Percent The number assigned to this disaster those that may be withheld from the for physical damage is 345605 and for public in accordance with the For Economic Injury: economic damage is 9S0100. Businesses and Small Agricultural provisions of 5 U.S.C. 552, will be (Catalog of Federal Domestic Assistance available for inspection and copying in Cooperatives Without Credit Available Elsewhere ...... 3.500 Program Nos. 59002 and 59008) the Commission’s Public Reference Dated: October 22, 2002 Room. Copies of such filing also will be Hector V. Barreto, available for inspection and copying at The number assigned to this disaster Administrator. for physical damage is 345505 and for the principal office of the NASD. All [FR Doc. 02–27356 Filed 10–25–02; 8:45 am] submissions should refer to File No. economic damage is 9R9900. BILLING CODE 8025–01–P SR–NASD–2002–121 and should be (Catalog of Federal Domestic Assistance submitted by November 18, 2002. Program Nos. 59002 and 59008) For the Commission, by the Division of Dated: October 22, 2002. SMALL BUSINESS ADMINISTRATION Market Regulation, pursuant to delegated Hector V. Barreto, authority.9 [Declaration of Disaster #3452, Amdt. #2] Administrator. Margaret H. McFarland, [FR Doc. 02–27355 Filed 10–25–02; 8:45 am] State of Louisiana Deputy Secretary. BILLING CODE 8025–01–P [FR Doc. 02–27352 Filed 10–25–02; 8:45 am] In accordance with a notice received BILLING CODE 8010–01–P from the Federal Emergency Management Agency, dated October 17, SMALL BUSINESS ADMINISTRATION 2002, the above numbered declaration is hereby amended to include Allen, East SMALL BUSINESS ADMINISTRATION [Declaration of Disaster #3456] Baton Rouge, East Feliciana, Pointe Coupee, Rapides, St. Helena, State of California Washington and West Baton Rouge [Declaration of Disaster #3455] Parishes in the State of Louisiana as Los Angeles County and the State of California disaster areas due to damages caused by contiguous counties of Kern, Orange, Hurricane Lili beginning on October 1, Los Angeles County and the San Bernardino and Ventura in the State 2002, and continuing through October contiguous counties of Kern, Orange, of California constitute a disaster area as 16, 2002. San Bernardino and Ventura in the State a result of a wildfire that began on In addition, applications for economic of California constitute a disaster area as September 22, 2002 in a portion of the injury loans from small businesses a result of a wildfire that began on San Dimas Canyon in the Angeles located in Grant and Natchitoches September 1, 2002 in a portion of the National Forest. The wildfire, known as Parishes in Louisiana; and Marion, San Gabriel Canyon in the Angeles the ‘‘Williams Fire’’, consumed 38,094 Walthall and Wilkinson Counties in National Forest. The wildfire, known as acres and destroyed homes and personal Mississippi may be filed until the the ‘‘Curve Fire’’, consumed 20,857 property. The wildfire was fully specified date at the previously acres and destroyed homes and personal contained on October 1, 2002. designated location. All other counties property. The wildfire was fully Applications for loans for physical contiguous to the above named primary contained on September 12, 2002. damage as a result of this disaster may county have been previously declared. Applications for loans for physical be filed until the close of business on All other information remains the damage as a result of this disaster may December 23, 2002, and for economic same, i.e., the deadline for filing be filed until the close of business on injury until the close of business on July applications for physical damage is December 23, 2002, and for economic 22, 2003, at the address listed below or December 2, 2002, and for economic injury until the close of business on July other locally announced locations: injury the deadline is July 3, 2003. 22, 2003, at the address listed below or U.S. Small Business Administration, Disaster (Catalog of Federal Domestic Assistance other locally announced locations: Area 4 Office, P.O. Box 13795, Sacramento, Program Nos. 59002 and 59008) CA 95853–4795. U.S. Small Business Administration, Disaster Dated: October 21, 2002. Area 4 Office, P.O. Box 13795, Sacramento, The interest rates are: Herbert L. Mitchell, CA 95853–4795. Associate Administrator for Disaster The interest rates are: Percent Assistance. [FR Doc. 02–27358 Filed 10–25–02; 8:45 am] For Physical Damage: Percent BILLING CODE 8025–01–P Homeowners With Credit Available For Physical Damage: Elsewhere ...... 6.625 Homeowners Without Credit Avail- Homeowners With Credit Available SMALL BUSINESS ADMINISTRATION Elsewhere ...... 6.625 able Elsewhere ...... 3.312 Homeowners Without Credit Avail- Businesses With Credit Available [Declaration of Disaster #3454] able Elsewhere ...... 3.312 Elsewhere ...... 7.000 Businesses With Credit Available Businesses and Non-Profit Organi- State of South Carolina Elsewhere ...... 7.000 zations Without Credit Available Businesses and Non-Profit Organi- Elsewhere ...... 3.500 Clarendon and Georgetown Counties zations Without Credit Available Others (Including Non-Profit Orga- and the contiguous counties of Berkeley, elsewhere: ...... 3.500 nizations) With Credit Available Calhoun, Charleston, Florence, Horry, Others (Including Non-Profit Orga- Elsewhere ...... 6.375 Marion, Orangeburg, Sumter and nizations) With Credit Available For Economic Injury: Williamsburg in the State of South Elsewhere ...... 6.375 Businesses and Small Agricultural Cooperatives Without Credit Carolina constitute a disaster area due to Available Elsewhere ...... 3.500 damages caused by flooding and 9 17 CFR 200.30–3(a)(12). tornadoes from Tropical Storm Kyle on

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October 11, 2002. Applications for loans States would render ineffectual the Subject: PTC23 EUR–JK 0086 dated 8 for physical damage as a result of this blocking and other measures authorized October 2002. TC23/TC123 Europe- disaster may be filed until the close of in the Order because of the ability to Japan/Korea Expedited Resolution business on December 20, 2002, and for transfer funds instantaneously,’’ I 002an. PTC23 EUR–JK 0087 dated 8 economic injury until the close of determine that no prior notice need be October 2002. TC23/TC123 Europe- business on July 21, 2003, at the address provided to any person subject to this Japan/Korea Expedited Resolution listed below or other locally announced determination who might have a 002ao. Intended effective date: 15 locations: constitutional presence in the United November 2002/1 January 2003. U.S. Small Business Administration, Disaster States because to do so would render Docket Number: OST–2002–13579. Area 2 Office, One Baltimore Place, Suite ineffectual the measures authorized in Date Filed: October 9, 2002. 300, Atlanta, GA 30308. the Order. Parties: Members of the International This notice shall be published in the The interest rates are: Air Transport Association. Federal Register. Subject: PAC/Reso/417 dated August Percent Dated: October 7, 2002. 5, 2002. Finally Adopted Resolutions R– Colin L. Powell, 1 to R–12. Minutes—PAC/Meet/175 For Physical Damage: Secretary of State, Department of State. dated August 5, 2002. Intended effective Homeowners with credit avail- date: January 1, 2003. able elsewhere ...... 6.625 [FR Doc. 02–27354 Filed 10–25–02; 8:45 am] Homeowners without credit BILLING CODE 4710–10–P Applications filed during week available elsewhere ...... 3.312 ending: October 18, 2002. Businesses with credit avail- Docket Number: OST–2002–13606. able elsewhere ...... 7.000 DEPARTMENT OF TRANSPORTATION Date Filed: October 16, 2002. Businesses and non-profit or- Parties: Members of the International ganizations without credit Office of the Secretary Air Transport Association. available elsewhere ...... 3.500 Subject: PTC2 AFR–TC3 0178 dated Others (including non-profit or- Aviation Proceedings, Agreements 11 October 2002. TC23 Africa-South ganizations) with credit Filed During October 7, Through Asian Subcontinent. Expedited available elsewhere ...... 6.375 October 18, 2002 For Economic Injury: Resolutions 002e, 15v r1—r2. PTC2 Businesses and small agricul- AFR–TC3 0179 dated 11 October 2002. The following Agreements were filed TC23 Africa-South West Pacific. tural cooperatives without with the Department of Transportation credit available elsewhere ... 3.500 Expedited Resolutions 002n, 15v–r3— under the provisions of 49 U.S.C. r4. Intended effective date: 15 November sections 412 and 414. Answers may be 2002. The number assigned to this disaster filed within 21 days after the filing of for physical damage is 345406 and for the application. Dorothy Y. Beard, economic damage is 9R9800. Applications filed during week Federal Register Liaison. (Catalog of Federal Domestic Assistance ending: October 11, 2002. [FR Doc. 02–27386 Filed 10–25–02; 8:45 am] Program Nos. 59002 and 59008) Docket Number: OST–2002–13557. BILLING CODE 4910–62–P Dated: October 21, 2002. Date Filed: October 9, 2002. Hector V. Barreto, Parties: Members of the International Administrator. Air Transport Association. DEPARTMENT OF TRANSPORTATION [FR Doc. 02–27357 Filed 10–25–02; 8:45 am] Subject: PTC COMP 0971 dated 11 Office of the Secretary BILLING CODE 8025–01–P October 2002. Mail Vote 243— Resolution 004a. Restriction of Applicability (Amending) r1. Intended Notice of Applications for Certificates of Public Convenience and Necessity DEPARTMENT OF STATE effective date: 21 October 2002. Docket Number: OST–2002–13560. and Foreign Air Carrier Permits Filed [Public Notice 4168] Date Filed: October 9, 2002. Under Subpart B (formerly subpart Q) Parties: Members of the International During the Week Ending October 18, Determination Pursuant to Section 1(b) Air Transport Association. 2002 of Executive Order 13224 Relating to Subject: CTC COMP 0425 dated 11 the Tunisian Combat Group (JCT) The following applications for October 2002. Mail Vote 244— certificates of public convenience and Acting under the authority of section Resolution 004a. Restriction of necessity and foreign air carrier permits 1(b) of Executive Order 13224 of Applicability of Resolutions were filed under subpart B (formerly September 23, 2001, and in consultation (Amending) r1. Intended effective date: subpart Q) of the Department of with the Secretary of the Treasury and 21 October 2002. Transportation’s Procedural Regulations the Attorney General, I hereby Docket Number: OST–2002–13563. (See 14 CFR 301.201 et seq.). The due determine that the Tunisian Combat Date Filed: October 9, 2002. date for answers, conforming Group (JCT) has committed, or poses a Parties: Members of the International applications, or motions to modify significant risk of committing, acts of Air Transport Association. scope are set forth below for each terrorism that threaten the security of Subject: PTC23 ME–TC3 0154 dated 8 application. Following the answer U.S. nationals or the national security, October 2002. TC23/TC123 Middle period DOT may process the application foreign policy, or economy of the United East–TC3 (except South East Asia). by expedited procedures. Such States. Expedited Resolution 002p. Intended procedures may consist of the adoption Consistent with the determination in effective date: 15 November 2002. of a show-cause order, a tentative order, section 10 of Executive Order 13224 that Docket Number: OST–2002–13565. or in appropriate cases a final order ‘‘prior notice to persons determined to Date Filed: October 9, 2002. without further proceedings. be subject to the Order who might have Parties: Members of the International Docket Number: OST–1999–6319. a constitutional presence in the United Air Transport Association. Date Filed: October 16, 2002.

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Due Date for Answers, Conforming your comments may reach the Facility Request for Comments Applications, or Motion to Modify more quickly if you choose one of the The Coast Guard invites comments on Scope: November 6, 2002. other means described below. the proposed collection of information Description: Application of Northwest (2)(a) By delivery to room PL–401 at to determine whether the collection is Airlines, Inc., pursuant to 49 U.S.C. the address given in paragraph (1)(a) necessary for the proper performance of section 41102 and subpart B, requesting above, between 9 a.m. and 5 p.m., the functions of the Department. In to amend its experimental certificate of Monday through Friday, except Federal particular, the Coast Guard would public convenience and necessity for holidays. The telephone number is (202) appreciate comments addressing: (1) the Route 564 (U.S.-Mexico) to incorporate 366–9329. (b) By delivery to OIRA, at practical utility of the collection; (2) the authority for service between Memphis the address given in paragraph (1)(b) accuracy of the Department’s estimated and Mexico City, Memphis and Puerto above, to the attention of the Desk burden of the collection; (3) ways to Vallarta, and Detroit and Cozumel. Officer for the Coast Guard. enhance the quality, utility, and clarity Northwest also requests that the (3) By fax to (a) the Docket of the information that is the subject of Department integrate this authority with Management Facility at (202) 493–2251 the collection; and (4) ways to minimize all of Northwest’s existing certificate and (b) OIRA at 202–395–5806, or e- the burden of collection on respondents, and exemption authority to the extent mail to OIRA at including the use of automated consistent with U.S. bilateral [email protected] attention: collection techniques or other forms of agreements and DOT policy. Desk Officer for the Coast Guard. information technology. (4)(a) Electronically through the Web Dorothy Y. Beard, Site for the Docket Management System Comments, to DMS or OIRA, must Federal Register Liaison. at http://dms.dot.gov. (b) OIRA does not contain the OMB Control Number of the [FR Doc. 02–27385 Filed 10–25–02; 8:45 am] have a website on which you can post ICR addressed. Comments to DMS must BILLING CODE 4910–62–P your comments. contain the docket number of this The Docket Management Facility request, USCG 2002–12690. Comments maintains the public docket for this to OIRA are best assured of having their DEPARTMENT OF TRANSPORTATION notice. Comments and material received full effect if OIRA receives them 30 or fewer days after the publication of this Coast Guard from the public, as well as documents mentioned in this notice as being request. [USCG 2002–12690] available in the docket, will become part Information Collection Request of this docket and will be available for 1. Title: Ships’ Stores Certification for Information Collection Under Review inspection or copying at room PL–401 Hazardous Materials Aboard Ships. by the Office of Management and (Plaza level), 400 Seventh Street SW., Budget: (OMB): 2115–0139, 2115–0035, Washington, DC, between 9 a.m. and 5 OMB Control Number: 2115–0139. 2115–0598, 2115–0556, and 2115–0111 p.m., Monday through Friday, except Type of Request: Extension of a currently approved collection. AGENCY: Coast Guard, DOT. Federal holidays. You may also find this Affected Public: Suppliers and ACTION: Request for comments. docket on the Internet at http:// dms.dot.gov. manufacturers of hazardous products SUMMARY: In compliance with the Copies of the complete ICRs are used on ships. Paperwork Reduction Act of 1995, this available for inspection and copying in Form: This collection of information request for comments announces that public dockets. They are available in does not require the public to fill out the Coast Guard has forwarded the five docket USCG 2002–12690 of the Docket forms, but does require the information Information Collection Reports (ICRs) Management Facility between 10 a.m. to be in written format to the Coast abstracted below to the Office of and 5 p.m., Monday through Friday, Guard. Information and Regulatory Affairs except Federal holidays; for inspection Abstract: The information is needed (OIRA) of the Office of Management and and printing on the internet at http:// to ensure that personnel aboard ships Budget (OMB) for review and comment. dms.dot.gov; and for inspection from the become aware of the proper usage and Our ICRs describe the information we Commandant (G–CIM–2), U.S. Coast stowage for certain hazardous materials. seek to collect from the public. Review Guard, room 6106, 2100 Second Street Annual Estimated Burden Hours: The and comment by OIRA ensures that we SW., Washington, DC, between 10 a.m. estimated burden is 6 hours a year. impose only paperwork burdens and 4 p.m., Monday through Friday, 2. Title: Report of Defect or commensurate with our performance of except Federal holidays. Noncompliance and Report of Campaign duties. FOR FURTHER INFORMATION CONTACT: Update. DATES: Please submit comments on or Barbara Davis, Office of Information OMB Control Number: 2115–0035. before November 27, 2002. Management, (202) 267–2326, for Type of Request: Extension of a ADDRESSES: To make sure that your questions on this document; Dorothy currently approved collection. comments and related material do not Beard, Chief, Documentary Services Affected Public: Manufacturers of enter the docket [USCG 2002–12690] Division, U.S. Department of recreational boats, inboard engines, more than once, please submit them by Transportation, (202) 366–5149, for outboard motors, and sterndrive units. only one of the following means: questions on the docket. Forms: CG–4917 and CG–4918. (1)(a) By mail to the Docket SUPPLEMENTARY INFORMATION: Abstract: The information in this Management Facility, U.S. Department report is needed to ensure of Transportation, room PL–401, 400 Regulatory History manufacturers’ compliance with Seventh Street SW., Washington, DC This request constitutes the 30-day requirements for notifying consumers of 20590–0001. (b) By mail to OIRA, 725 notice required by OIRA. The Coast defects in recreational boats, inboard 17th Street NW., Washington, DC 20503, Guard has already published [67 FR engines, outboard motors, and to the attention of the Desk Officer for 49734 (July 31, 2002)] the 60-day notice sterndrive units. the Coast Guard. Caution: Because of required by OIRA. That notice elicited Annual Estimated Burden Hours: The recent delays in the delivery of mail, no comments. estimated burden is 328 hours a year.

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3. Title: Ballast Water Management for DEPARTMENT OF TRANSPORTATION form of a ‘‘slot’’ for each IFR takeoff or Vessels with Ballast Tanks Entering U.S. landing during a specific 30- or 60- Waters. Federal Aviation Administration minute period. The restrictions at OMB Control Number: 2115–0598. [Docket No. FAA–2001–9852] Newark were lifted in the early 1970s. Type of Request: Extension of a ‘‘AIR–21’’ currently approved collection. High Density Airports; Notice of Adopted Lottery Allocation Procedures On April 5, 2000, the ‘‘Wendell H. Affected Public: Owners and Ford Aviation Investment and Reform operators of certain vessels. for Slot Exemptions at LaGuardia Airport Act for the 21st Century’’ (‘‘AIR–21’’) Forms: CG–5662. was enacted. Section 231 of AIR–21 Abstract: The information is needed AGENCY: Federal Aviation significantly amended 49 U.S.C. 41714 to carry out the reporting requirements Administration, DOT. to phase out slots at LaGuardia, JFK, and of 16 U.S.C. 4711 regarding the ACTION: Notice of adopted lottery O’Hare. Section 41715 terminates slots management of ballast water, to prevent allocation procedures at LaGuardia at O’Hare as of July 1, 2002, and at the introduction and spread of aquatic- Airport. LaGuardia and JFK on January 1, 2007. nuisance species into U.S. waters. Section 231 also included new Annual Estimated Burden Hours: The SUMMARY: This notice announces the provisions codified at 40 U.S.C. 41716, estimated burden is 33,500 hours a year. adoption of proposed modifications to 41717, and 41718 that enable air carriers 4. Title: (a) Reports of MARPOL 73/78 the lottery procedures for reallocation of meeting specified criteria to obtain Oil, Noxious Liquid Substances (NLS) available exemption slots at LaGuardia exemptions (referred to as ‘‘exemption and Garbage Discharge; (b) Application Airport. slots’’) from the requirements of for Equivalents, Exemptions, and DATES: Effective upon publication. subparts K and S of part 93 of Title 14 of the Code of Federal Regulations at Alternatives; and (c) Voluntary Reports FOR FURTHER INFORMATION CONTACT: LaGuardia, JFK, O’Hare, and Reagan of Pollution Sightings. Lorelei D. Peter, Traffic and Operations National. As a result of this legislation, OMB Control Number: 2115–0556. Law Branch, Regulations Division, the Department of Transportation Office of the Chief Counsel, Federal Type of Request: Extension of a (Department) issued eight orders Aviation Administration, 800 currently approved collection. establishing procedures for the Affected Public: Owners and Independence Avenue, SW., processing of various applications for operators of vessels for (a) and (b), and Washington, DC 20591; telephone exemption slots authorized by the the public for (c). number 202–267–3073. statute. Specifically, Order 2000–4–11 Forms: This collection of information SUPPLEMENTARY INFORMATION: implements 49 U.S.C. 41716(a), which does not require the public to fill out Background provides that an exemption slot must be forms, but does require the information granted to any airline using Stage 3 to be in written or electronic format. The FAA has broad authority under aircraft with fewer than 71 seats that Abstract: The information is needed Title 49 of the United States Code proposes to provide nonstop service by the Coast Guard to ensure (U.S.C.), Subtitle VII, to regulate and between LaGuardia and an airport that compliance with pollution-prevention control the use of the navigable airspace was designated as a small hub or standards and to respond to and of the United States. Under 49 U.S.C. nonhub airport in 1997, under certain investigate pollution incidents. 40103, the agency is authorized to conditions. The exemption must be develop plans for and to formulate Annual Estimated Burden Hours: The granted if: (1) The airline was not policy with respect to the use of estimated burden is 10 hours a year. providing such nonstop service between navigable airspace and to assign by rule, the small hub or nonhub airport and 5. Title: Course Approval for regulation, or order the use of navigable Merchant Marine Training Schools. LaGuardia during the week of November airspace under such terms, conditions, 1, 1999; (2) the proposed service OMB Control Number: 2115–0111. and limitations as many be deemed between the small hub or nonhub Type of Request: Extension of a necessary in order to ensure the safety airports and LaGuardia exceeds the currently approved collection. of aircraft and the efficient utilization of number of flights provided between Affected Public: Merchant marine the navigable airspace. Also, under such airports during the week of training schools. section 40103, the agency is further November 1, 1999; or (3) if the air Forms: This collection of information authorized and directed to prescribe air transportation pursuant to the does not require the public to fill out traffic rules and regulations governing exemption would be provided with a forms, but does require the information the efficient utilization of the navigable regional jet as replacement of turboprop submitted to be in written or electronic airspace. The High Density Traffic service that was being provided during format. Airports Rule, or ‘‘High Density Rule,’’ the week of November 1, 1999. Abstract: The information is needed 14 CFR part 93, subpart K, was Under AIR–21 and the Department’s to ensure that merchant marine training promulgated in 1968 to reduce delays at Orders, air carriers meeting the statutory schools meet minimal statutory five congested airports: John F. Kennedy tests delineated above automatically requirements. The information is used International Airport (JFK), LaGuardia, receive blanket approval for exemption to approve the curricula, facilities, and O’Hare International Airport (O’Hare), slots, provided that they certify in faculties for these schools. Ronald Reagan Washington National accordance with 14 CFR 302.4(b) that Annual Estimated Burden Hours: The Airport (Reagan National) and Newark they meet each of the statutory criteria. estimated burden is 16,988 hours a year. International Airport (Newark) (33 FR The certification must state the 17896; December 3, 1968). The communities and airport to be served, Dated: October 23, 2002. regulation limits the number of that the airport was designated a small C. I. Pearson, instrument flight rule (IFR) operations at hub and nonhub airport as of 1997, that Director of Information and Technology. each airport, during certain hours of the the aircraft used to provide the service [FR Doc. 02–27371 Filed 10–25–02; 8:45 am] day. It provides for the allocation to have fewer than 71 seats, that the BILLING CODE 4910–15–P carriers of operational authority, in the aircraft are Stage 3 compliant, and the

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planned effective dates. Carriers must proposed for comment. One comment first four exemption slots available on a also certify that the proposed service was received from America West first-come, first-serve basis to a carrier represents new service, additional Airlines. Several commenters filed that was not operating at LaGuardia as frequencies, or regional jet service that comments discussing the long-term of August 15, 2001, that has certified to has been upgraded from turboprop demand-management proposals in this the Department in accordance with the service when compared to service for docket as well as Docket FAA–2001– procedures articulated in OST Order the week of November 1, 1999. In 9854. Due to the nature of these 200–4–10, and has a written request on addition, carriers must state the number comments, they will not be addressed in file with the Slot Administration Office. of exemption slots and the times needed this Notice. Any of the first four returned or to provide the service. Order 2000–4–10 America West reiterates its argument withdrawn exemption slots that are not implements the provisions of 49 U.S.C. in its comments to Phase II (policy selected by such a carrier would be 41716(b), which states that exemption alternatives for demand management) to available to the carriers that have less slots must be granted to any new entrant abolish or modify the perimeter rule for than 20 slots and exemptions slots at or limited incumbent airline using Stage LaGuardia Airport to enable it to operate LaGuardia for selection in accordance 3 aircraft that proposes ‘‘to provide air non-stop service between LaGuardia with the August 15 established rank transportation to or from LaGuardia or and its principal hubs of Phoenix and order, with each carrier able to select John F. Kennedy International Airport if Las Vegas. America West contends that two exemption slots. Any exemption the number of exemption slots granted the perimeter rule is anti-competitive slots not selected during this process under this subsection to such air carrier and contributes to congestion. America then would be made available to the with respect to such airport does not West further argues that eliminating or carriers providing small hub/non-hub exceed 20.’’ Applications submitted modifying the perimeter rule can be service using the December 4 rank under this provision must identify the made without determining the broader order. This concludes Phase I. airports to be served and the time issues associated with demand 4. Phase II: If any subsequent requested. management at LaGuardia and that there exemption slots become available for Section 231 of AIR–21, 49 U.S.C. is no reason to delay action on this reallocation and there is an eligible 41715(b)(1), expressly provides that the issue. America West also argues that carrier not conducting service at the provisions for exemption slots are not to since the incumbent carriers hold such airport seeking exemption slots, then affect the FAA’s authority over safety a large percentage of the slots allocated the available exemption slots would be and the movement of air traffic. The under the High Density Rule (HDR), offered to that carrier first, provided that reallocation of exemption slot times by new entrants carriers should receive all the total number of exemption slots the lottery procedures described in this requested exemption slots up to the allocated to carriers providing small Notice is based on the FAA’s statutory statutory limit of 20, before any hub/non-hub service is not below 76. If authority and does not rescind the additional exemption slots are allocated a new, eligible carrier does not select exemptions issued by the Department to small hub, non-hub service by the the exemption slots, then they would be under Orders 2000–4–10 and 2000–4– large incumbent carriers. offered to the category of carriers that is 11. As provided in those orders, carriers In this notice, only comments below parity, up to the level of re- that have filed the exemption concerning the proposed allocation establishing parity (using respective certifications also need to obtain an procedures will be addressed. AIR–21 rank order). If the exemption slots are allocation of exemption slot times from sought to provide additional access to not selected or there are available the FAA. The limiting and reallocation LaGuardia for two distinct categories of exemption slots remaining, then they of these exemption slots is in operations as part of a phase-out of the would be offered to carriers in the same recognition that it is not possible to add HDR. AIR–21 did not seek to rectify any category from which the exemption an unlimited number of new operations imbalance among competing slot slots came. Any remaining exemptions at LaGuardia, especially during peak holders of HDR slots. Instead, AIR–21 not selected would be offered to the hours, even if those operations would treats the categories equitably. As the other category of carriers, using its otherwise qualify for exemptions under FAA has stated in previous notices, for respective rank order. AIR–21. the interim period, the agency’s stated 5. A carrier would have three business Lastly, § 93.225 of Title 14 of the Code policy of maintaining the goals and days after an offer from the Slot of Federal Regulations sets forth the purposes of AIR–21 requires that Administration Office to accept the process for slot lotteries under the High allocation procedures are consistent offered exemption slot time. Acceptance Density Rule. The process described in with the policies of AIR–21. Therefore, must be in writing to the Slot the regulations is similar to the process the FAA adopts the lottery procedures Administration Office. If the Slot described here and allows for special as proposed and set forth below. Administration Office does not receive conditions to be included when an acceptance to an office within three circumstances warrant special Adopted Lottery Procedures business days, the carrier would be consideration. 1. The cap on AIR–21 exemption slots recorded as rejecting the offer and the (7 a.m. through 9:59 a.m.) will remain next carrier on the list would be offered Extension of the Exemption Slot in effect through October 30, 2004. the available exemption slot times. Allocation and Proposed Modifications 2. The FAA may approve the transfer 6. Carriers that are offered exemption to the Lottery Procedures of exemption slot times between carriers slot times by the Slot Administration By notice published in the Federal only on a temporary one-for-one basis Office must re-certify to the Department Register, the FAA extended the for the purpose of conducting the of Transportation in accordance with allocation of the exemption slots for an operation in a different time period. the procedures articulated in OST additional two years. This extension, Carriers must certify to the FAA that no Orders 200–4–10 and 2000–4–11 prior which will expire on October 31, 2004, other consideration is involved in the to operation and provide the allows for additional time to address a transfer. Department and the FAA with the longer-term solution for LaGuardia 3. Phase I: If any exemption slots are markets to be served, the number of Airport. Additionally, modifications to returned to the FAA or are withdrawn exemption slots, the frequency, and the the allocation procedures were for non-use, the FAA would make the time of operations, before the exemption

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slots times will be allocated by the FAA Office between 9 a.m. and 5 p.m., Administration, 800 Independence to the carrier. Monday through Friday, except Federal Avenue, SW., Washington, DC 20591, 7. All operations allocated under holidays. The Dockets Office (telephone telephone (202) 267–9678; fax (202) these procedures must commence 1–800–647–5527) is on the plaza level 267–5075; e-mail within 120 days of a carrier’s acceptance of the NASSIF Building at the [email protected]. of an available exemption slot. Department of Transportation at the 8. The Chief Counsel will be the final above address. Also, you may review SUPPLEMENTARY INFORMATION: Pursuant decision maker concerning eligibility of public dockets on the Internet at to section 10(a)(2) of the Federal carriers to participate in the allocation http://dms.dot.gov. Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. app. II), notice is hereby process. FOR FURTHER INFORMATION CONTACT: given of a meeting of the Executive Issued on October 22, 2002, in Washington, Sandy Buchanan-Sumter, Office of Committee to be held on November 7, DC. Rulemaking (ARM–1), Federal Aviation 2002, at the Federal Aviation James W. Whitlow, Administration, 800 Independence Administration, 800 Independence Avenue, SW., Washington, DC 20591. Deputy Chief Counsel. Avenue, SW., Washington, DC, 20591. Tel. (202) 267–7271. [FR Doc. 02–27381 Filed 10–25–02; 8:45 am] The agenda will include: BILLING CODE 4910–13–M This notice is published pursuant to 14 CFR 11.85 and 11.91. • Status of Fuel Tank Recommendation. Issued in Washington, DC, on October 23, DEPARTMENT OF TRANSPORTATION 2002. • AVR Priority Process. Donald P. Byrne, • Department Internet Federal Aviation Administration Assistant Chief Counsel for Regulations. RulemakingTracking System. [Summary Notice No. PE–2002–60] • Petitions for Exemption Green Book Changes. • Petitions for Exemption; Summary of Docket No.: FAA–2001–11131. Issue Area Status Reports from Petitions Received Petitioner: Gary K. Gates. Assistant Chairs. Section of 14 CFR Affected: 14 CFR • Remarks from other EXCOM AGENCY: Federal Aviation 61.113(d) and (e) members. Administration (FAA), DOT. Description of Relief Sought: To • Committee Schedule for 2003. ACTION: Notice of petitions for permit an individual holding a private exemption received. pilot certificate with at least 1,000 hours The FAA will brief ARAC on the of pilot-in-command time and an status of the recommendation forwarded SUMMARY: Pursuant to FAA’s rulemaking instrument rating to conduct point-to- to the FAA from the Fuel Tank Inerting provisions governing the application, Harmonization Working Group on processing, and disposition of petitions point airlifts of medical. The individual conducting the airlifts would provide March 29, 2002, and pending changes to for exemption part 11 of Title 14, Code the ARAC Operations Manual. of Federal Regulations (14 CFR), this transport to checkups and followup hospital visits and receive Attendance is open to the interested notice contains a summary of certain public but will be limited to the space petitions seeking relief from specified compensation for concurrent operating expenses. available. The FAA will arrange requirements of 14 CFR. The purpose of teleconference capability for individuals this notice is to improve the public’s [FR Doc. 02–27380 Filed 10–25–02; 8:45 am] wishing to join in by teleconference if awareness of, and participation in, this BILLING CODE 4910–13–U we receive that notification by October aspect of FAA’s regulatory activities. 31, 2002. Arrangements to participate by Neither publication of this notice nor teleconference can be made by the inclusion or omission of information DEPARTMENT OF TRANSPORTATION contacting the person listed in the FOR in the summary is intended to affect the Federal Aviation Administration FURTHER INFORMATION CONTACT section. legal status of any petition or its final Callers outside the Washington disposition. Executive Committee of the Aviation metropolitan area will be responsible for DATES: Comments on petitions received Rulemaking Advisory Committee; paying long-distance charges. must identify the petition docket Meeting The public must arrange by October number involved and must be received 31 to present oral statements at the on or before November 18, 2002. AGENCY: Federal Aviation Administration (FAA), DOT. meeting. The public may present ADDRESSES: Send comments on any written statements to the executive ACTION: petition to the Docket Management Notice of meeting. committee at any time by providing 25 System, U.S. Department of SUMMARY: The FAA is issuing this notice copies to the Executive Director, or by Transportation, Room Plaza 401, 400 to advise the public of a meeting of the bringing the copies to the meeting. Seventh Street, SW., Washington, DC Executive Committee of the Federal If you are in need of assistance or 20590–0001. You must identify the Aviation Administration Aviation require a reasonable accommodation for docket number FAA–200X–XXXXX at Rulemaking Advisory Committee. this meeting, please contact the person the beginning of your comments. If you listed under the heading FOR FURTHER wish to receive confirmation that FAA DATES: The meeting is scheduled for INFORMATION CONTACT. received your comments, include a self- November 7, 2002, at 10 a.m. addressed, stamped postcard. ADDRESSES: The meeting will be held at Issued in Washington, DC, on October 22, You may also submit comments Federal Aviation Administration, 800 2002. through the Internet to Independence Avenue, SW., Anthony F. Fazio, http://dms.dot.gov. You may review the Washington, DC, 10591, 10th floor, Executive Director, Aviation Rulemaking public docket containing the petition, McCracken Room. Advisory Committee. any comments received, and any final FOR FURTHER INFORMATION CONTACT: [FR Doc. 02–27428 Filed 10–25–02; 8:45 am] disposition in person in the Dockets Gerri Robinson, Federal Aviation BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on October 21, On October 21, 2002, the FAA 2002. determined that the application to Federal Aviation Administration Janice L. Peters, impose and use the revenue from a PFC FAA Special Assistant, RTCA Advisory submitted by Port of Pasco, Tri-Cities RTCA Government/Industry Free Flight Committee. Airport, and Pasco, Washington was Steering Committee Meeting [FR Doc. 02–27383 Filed 10–25–02; 8:45 am] substantially complete within the AGENCY: Federal Aviation BILLING CODE 4910–13–M requirements of § 158.25 of part 158. Administration (FAA), DOT. The FAA will approve or disapprove the application, in whole or in part, no later ACTION: Notice of RTCA Government/ DEPARTMENT OF TRANSPORTATION than January 25, 2003. Industry Free Flight Steering Committee The following is a brief overview of Meeting. Federal Aviation Administration the application. Level of the proposed PFC: $4.50. SUMMARY: The FAA is issuing this notice Notice of Intent To Rule on Application Proposed charge effective date: April to advise the public of a meeting of the 02–05–C–00–PSC To Impose and Use 1, 2002. RTCA Government/Industry Free Flight the Revenue From a Passenger Facility Steering Committee. Proposed charge expiration date: Charge (PFC) at Tri-Cities Airport, February 1, 2006. DATES: The meeting will be held Submitted by the Port of Pasco, Tri- Total requested for use approval: November 15, 2002, from 10:30–12 pm. Cities Airport, Pasco, WA $1,409,000. ADDRESSES: The meeting will be held at AGENCY: Federal Aviation Brief description of proposed project: FAA Headquarters, 800 Independence Administration (FAA), DOT. Security Enhancements, Terminal Avenue, SW., Bessie Coleman ACTION: Notice of intent to rule on Building Passenger Boarding Area Conference Center (Rm. 2AB), application. Upgrades, and Interactive Training Washington, DC, 20591. Systems. FOR FURTHER INFORMATION CONTACT: SUMMARY: The FAA proposes to rule and Class or classes of air carriers, which RTCA Secretariat, 1828 L Street, NW., invites public comment on the the public agency has requested not be Suite 805, Washington, DC, 20036; application to impose and use PFC required to collect PFC’s: None. telephone (202) 833–9339; fax (202) revenue at Tri-Cities Airport under the Any person may inspect the 833–9434; web site http://www.rtca.org. provisions of 49 U.S.C. 40117 and part application in person at the FAA office FOR FURTHER SUPPLEMENTARY INFORMATION: Pursuant 158 of the Federal Aviation Regulations listed above under to section 10(a)(2) of the Federal (14 CFR part 158). INFORMATION CONTACT and at the FAA Advisory Committee Act (Pub. L. 92– DATES: Comments must be received on Regional Airports Office located at: 463, 5 U.S.C., Appendix 2), notice is or before November 27, 2002. Federal Aviation Administration, hereby given for a Free Flight Steering ADDRESSES: Comments on this Northwest Mountain Region, Airports Committee meeting. Note: Non- application may be mailed or delivered Division, ANM–600, 1601 Lind Avenue Government attendees to the meeting in triplicate to the FAA at the following SW., Suite 315, Renton, WA 98055– must go through security and be address: Mr, J. Wade Bryant, Manager, 4056. In addition, any person may, upon escorted to and from the conference Seattle Airports District Office, SEA– request, inspect the application, notice room. The agenda will include: ADO; Federal Aviation Administration, and other documents germane to the • November 15: 1601 Lind Avenue SW., Suite 250, • Renton, Washington 98055–4056. application in person at the Tri-Cities Opening Session (Welcome and Airport. Introductory Remarks, Review/ In addition, one copy of any Approve Summary of Previous comments submitted to the FAA must Issued in Renton, Washington on October Meeting) be mailed or delivered to Mr. James 21, 2002. • Free Flight Select Committee Report Morasch, A.A.E, Director of Airports, at David A. Field, • National Airspace System Concept the following address: 3601 North 20th Manager, Planning, Programming, and of Operations, Revision 1 Avenue, Pasco, Washington 99301. Capacity Branch, Northwest Mountain • Work Program Update Air Carriers and foreign air carriers Region. • Federal Aviation Administration may submit copies of written comments [FR Doc. 02–27382 Filed 10–25–02; 8:45 am] Presentation previously provided to Bellingham BILLING CODE 4910–13–M • Suggested Free Flight Steering International Airport, under § 158.23 of Committee Meeting Dates for 2003 part 158. DEPARTMENT OF TRANSPORTATION • Wednesday, April 23, 2003 FOR FURTHER INFORMATION CONTACT: Ms. • Suzanne Lee-Pang, (425) 227–2654, Wednesday, August 20, 2003 Federal Transit Administration • Wednesday, December 3, 2003 Seattle Airports District Office, SEA– • Closing Session (Other Business, Date ADO, Federal Aviation Administration; [FTA Docket No. FTA–2002–13634] and Place of Next Meeting) 1601 Lind Avenue SW., Suite 250, Attendance is open to the interested Renton, Washington 98055–4056. The Agency Information Collection Activity public but limited to space availability. application may be reviewed in person Under OMB Review With the approval of the chairmen, at this same location. AGENCY: Federal Transit Administration, members of the public may present oral SUPPLEMENTARY INFORMATION: The FAA DOT. statements at the meeting. Persons proposes to rule and invites public ACTION: Notice of request for comments. wishing to present statements or obtain comment on the application 02–05–C– information should contact the person 00–PSC to impose and use PFC revenue SUMMARY: In accordance with the listed in the FOR FURTHER INFORMATION at Tri-Cities Airport, under the Paperwork Reduction Act of 1995 (44 CONTACT section. Members of the public provisions of 49 U.S.C. 40117 and part U.S.C. 3501 et seq.), this notice may present a written statement to the 158 of the Federal Aviation Regulations announces the Information Collection committee at any time. (14 CFR part 158). Request (ICR) abstracted below has been

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forwarded to the Office of Management If a State fails to comply with the selection of projects to be funded under and Budget (OMB) for extension of the requirements of Section 5330, FTA may Fiscal Year 2002 appropriations for the currently approved information withhold up to five percent of funds Over-the-road Bus (OTRB) Accessibility collection. The Federal Register Notice apportioned under section 5307 to a Program, authorized by section 3038 of with a 60-day comment period soliciting State, or urbanized area within a State, the Transportation Equity Act for the comments was published on July 30, beginning in Fiscal Year 1997. 21st Century (TEA–21). The OTRB 2002. Estimated Annual Burden: 37,158 Accessibility Program makes funds DATES: Comments must be submitted hours. available to private operators of over- before November 27, 2002. A comment ADDRESSES: All written comments must the-road buses to help finance the to OMB is most effective if OMB refer to the docket number that appears incremental capital and training costs of receives it within 30 days of at the top of this document and be complying with DOT’s over-the-road publication. submitted to the Office of Information bus accessibility rule, published in a and Regulatory Affairs, Office of Federal Register notice on September FOR FURTHER INFORMATION CONTACT: Management and Budget, 725—17th 24, 1998. Sylvia L. Marion, Office of Street, NW., Washington, DC 20503, Administration, Office of Management FOR FURTHER INFORMATION CONTACT: The Attention: FTA Desk Officer. Planning, (202) 366–6680. appropriate FTA Regional Comments are Invited On: Whether Administrator for grant-specific issues; SUPPLEMENTARY INFORMATION: the proposed collection of information or Sue Masselink, Office of Program Title: Rail Fixed Guideway Systems, is necessary for the proper performance State Safety Oversight (OMB Number: Management, 202–366–2053, for general of the functions of the Department, information about the OTRB Program. 2132–0558) including whether the information will Abstract: 49 U.S.C. section 5330 have practical utility; the accuracy of SUPPLEMENTARY INFORMATION: A total of requires each State to designate a State the Department’s estimate of the burden $6.9 million was appropriated for the Safety Oversight agency to oversee the of the proposed information collection; program in FY 2002 which together safety and security operations of ‘‘a rail ways to enhance the quality, utility, and with $204,100 in prior year unobligated fixed guideway system’’ within the clarity of the information to be funds made a total of $7.1 million State’s jurisdiction. To comply with collected; and ways to minimize the available for allocation: $5.3 million for Section 5330, State oversight agencies burden of the collection of information intercity fixed-route providers and $1.8 must require System Safety Program on respondents, including the use of million for all other providers, such as Plans (SSPPs) from rail fixed guideway automated collection techniques or commuter, charter, and tour operators. systems; review and approve these other forms of information technology. A total of 91 applicants requested $18.4 SSPPs; require notification of million: $11.5 million was requested by unacceptable hazardous conditions Issued: October 22, 2002. intercity fixed-route providers, and $6.9 according to the American Public Dorrie Y. Aldrich, million was requested by all other Transportation Association (APTA) Associate Administrator for Administration. providers. Project selections were made Hazard Classification Matrix; require [FR Doc. 02–27384 Filed 10–25–02; 8:45 am] on a discretionary basis, based on each and review corrective action plans from BILLING CODE 4910–57–M applicant’s responsiveness to statutory rail fixed guideway systems to eliminate project selection criteria, fleet size, and such conditions; require an ongoing level of funding received in previous safety audit process at the rail fixed DEPARTMENT OF TRANSPORTATION years. Because of the high demand for guideway systems; and submit both an the funds available, most applicants annual certification to FTA that the Federal Transit Administration received less funding than they State is in compliance with the requested, but all qualified applicants Over-the-Road Bus Accessibility requirements of Section 5330 and an received some funding. The selected Program Announcement of Project annual report documenting safety projects will provide funding for the Selection activities. Collection of this information incremental cost of adding lifts to 149 will enable the State oversight agency to AGENCY: Federal Transit Administration, new vehicles, retrofitting 68 vehicles, monitor effectively the safety of the rail DOT. and $476,279 for training. Each of the fixed guideway system. Without ACTION: Notice. following 73 awardees, as well as the 18 certification from the State oversight applicants who were not selected for agency, FTA would be unable to SUMMARY: The U.S. Department of funding, will receive a letter that determine each State’s compliance with Transportation (DOT) Federal Transit explains how funding decisions were Section 5330. Administration (FTA) announces the made.

Award Amounts Operator Intercity fixed-route Other Total

Region I: Arrow Line, Inc., East Hartford, CT ...... $50,000 50,000 Bonanza Bus Lines, Providence, RI ...... $68,080 ...... 68,080 Brunswick Transportation Company, South Portland, ME ...... 42,700 42,700 Brush Hill Transportation Company, Randolph, MA ...... 28,915 ...... 28,915 Gulbankian Bus Lines, Southborough, MA ...... 11,709 11,709 McGinn Bus Company, Plymouth, MA ...... 28,915 ...... 28,915 Mini Coach of Boston, Inc., Chelsea, MA ...... 38,000 38,000 Morgan Coach Lines, Inc., South Deerfield, MA ...... 39,895 39,895 Pawtuxet Valley Bus Lines, West Warwick, RI ...... 7,200 7,200 Peter Pan Bus Lines, Springfield, MA ...... 113,600 ...... 113,600

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Award Amounts Operator Intercity fixed-route Other Total

Vermont Transit Company, Inc., Burlington, VT ...... 99,454 ...... 99,454 Region II: Academy Express, LLC, Hoboken, NJ ...... 18,000 26,936 44,936 Adirondack Trailways, Hurley, NY ...... 130,000 ...... 130,000 Blue Bird Coach Lines, Inc., N. Tonawanda, NY ...... 40,770 42,120 82,890 DeCamp Bus Lines, Montclair, NJ ...... 90,000 90,000 Hampton Jitney, Inc., Southampton, NY ...... 25,575 25,575 Hudson Transit Lines, Inc., Mahwah, NJ ...... 108,000 ...... 108,000 Suburban Transit Corp., New Brunswick, NJ ...... 18,000 18,000 Sunrise Coach Lines, Inc., Greenport, NY ...... 32,010 32,010 Syracuse and Oswego Motor Lines, East Syracuse, NY ...... 39,600 39,600 Utica Rome Bus Company, Clinton, NY ...... 39,150 39,150 Region III: Butler Motor Transit, Butler, PA ...... 44,100 44,100 Capitol Bus Company, Harrisburg, PA ...... 5,000 ...... 5,000 Central Cab Company, Waynesburg, PA ...... 43,200 43,200 Elite Coach, Ephrata, PA ...... 40,950 40,950 Eyre Bus Service, Inc., Glenelg, MD ...... 102,857 102,857 First Priority Tours, Inc., District Heights, MD ...... 34,306 34,306 James River Bus Lines, Richmond, VA ...... 38,520 38,520 Lenzer Tour and Travel, Sewickley, PA ...... 42,750 42,750 Martz Trailways, Wilkes-Barre, PA ...... 199,579 ...... 199,579 Mountaineer Coach, Beaver, WV ...... 19,000 19,000 Thomas Tours, Beltsville, MD ...... 20,646 20,646 Trans-Bridge Lines, Bethlehem, PA ...... 51,053 ...... 51,053 Region IV: Southern Coach, Durham, North Carolina ...... 84,090 84,090 Carolina Trailways, Raleigh, North Carolina ...... 99,454 ...... 99,454 First Class Coach Co., St. Petersburg, Florida ...... 107,200 ...... 107,200 Good Time Tours, Pensacola, Florida ...... 26,902 26,902 Capital Trailways, Montgomery, Alabama ...... 69,300 ...... 69,300 Colonial Trailways, Mobile, Alabama ...... 60,750 60,750 Americoach Tours, Memphis, Tennessee ...... 46,250 46,250 Region V: Jefferson Lines, Minneapolis, Minnesota ...... 143,188 ...... 143,188 Rockford Coach Lines, LLC, Rockford, Illinois ...... 66,303 ...... 66,303 Gad-About Tours, Columbiana, Ohio ...... 36,800 36,800 Ready Bus Lines, La Crescent, Minnesota ...... 29,700 29,700 VanGalder Bus, Janesville, Wisconsin ...... 9,700 ...... 9,700 Seniors Unlimited, Pontiac, Michigan ...... 22,190 22,190 Wisconsin Coach, Waukesha, Wisconsin ...... 81,400 ...... 81,400 Croswell Bus Lines, Inc., Williamsburg, Ohio ...... 27,692 27,692 Peoria Charter Coach Co., Peoria, Illinois ...... 19,950 19,950 Robinson Coach, Evanston, Illinois ...... 56,500 56,500 Region VI: Valley Transit, Harlington, Texas ...... 66,000 ...... 66,000 Kerrville Bus Co., San Antonio, Texas ...... 94,140 36,000 130,140 TNM&O, Lubbock, Texas ...... 66,303 ...... 66,303 All Aboard America, Carlsbad, New Mexico ...... 41,741 41,741 Franklin Charter, Inc., Tulsa, Oklahoma ...... 29,000 29,000 Gulf Coast Transit, Houston, Texas ...... 112,000 112,000 El Expresso, Houston, Texas ...... 85,500 38,250 123,750 Fun Time Tours, Corpus Christi, Texas ...... 38,934 38,934 Greyhound, Dallas, Texas ...... 3,025,082 ...... 3,025,082 Region VII: St. Louis Executive Coach, Inc., St. Louis, Missouri ...... 32,800 32,800 Burlington Trailways, West Burlington, Iowa ...... 57,025 ...... 57,025 Region VIII: No Applications Region IX: Royal Safari, Orange, California ...... 28,885 ...... 28,885 Santa Barbara Air Bus, Goleta, California ...... 51,868 ...... 51,868 Roberts Hawaii, Honolulu, Hawaii ...... 126,000 126,000 Marin Airporter, San Rafael, California ...... 80,600 ...... 80,600 KT Contract Services, Inc., North Las Vegas, Nevada ...... 76,950 6,000 82,950 Quest, San Luis Obispo, California ...... 32,612 ...... 32,612 Grosvenor Bus Lines, San Francisco, California ...... 36,000 36,000 Storer Coach, Modesto, California ...... 62,500 62,500 Orange Belt Stages, Visalia, California ...... 51,520 ...... 51,520 Region X: Wikkiser International Co., Inc., Ferndale, Washington ...... 40,000 ...... 40,000 Wheatland Express, Pullman, WA ...... 28,800 27,000 55,800

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Award Amounts Operator Intercity fixed-route Other Total

Total ...... 5,313,946 1,825,523 7,139,469

Eligible project costs may be incurred information, including extensions and (3) How to enhance the quality, by awardees prior to final grant reinstatement of previously approved utility, and clarity of the information to approval. The incremental capital cost collections. This document describes be collected; for adding wheelchair lift equipment to one collection of information for which (4) How to minimize the burden of the any new vehicles delivered on or after NHTSA intends to seek OMB approval. collection of information on those who June 9, 1998, the effective date of TEA– DATES: Comments must be received on are to respond, including the use of 21, is eligible for funding under the or before December 27, 2002. appropriate automated, electronic, OTRB Accessibility Program. ADDRESSES: Comments may be mechanical, or other technological Applicants selected for funding may submitted in writing to the U.S. collection techniques or other forms of be contacted by FTA regional offices if Department of Transportation’s Docket information technology, e.g. permitting additional information is needed before Management Section, Room PL–401, electronic submission of responses. In compliance with these grants are made. The grant applications 400 Seventh Street, SW., Washington, requirements, NHTSA asks for public will be sent to the U.S. Department of DC 20590. It is requested, but not comments on the following proposed Labor (DOL) for certification under labor required, that 2 copies of the comment collections of information: protection requirements pursuant to 49 be provided. The Docket Section is open U.S.C. 5333(b). After referring Title: Tire Identification and Record on weekdays from 10 a.m. to 5 p.m. Keeping. applications to affected employees Alternatively, comments may be represented by a labor organization, OMB Control Number: 2127–0050. submitted electronically by logging onto Affected Public: Tire Manufacturers, DOL will issue a certification to FTA. the docket management website at http:/ Dealers, and Distributors. Terms and conditions of the /dms.dot.gov. Click on ‘‘Help’’ or Form Number: The forms on which certification will be incorporated in the ‘‘Electronic Submission’’ to obtain the information is to be recorded are FTA grant agreement under the new instructions for filing the document provided by the tire manufacturers to guidelines replacing those in 29 CFR electronically. In the submittal, the both independent and non-independent Part 215. Please see Amendment to commenter should refer to the docket dealers. In the case of independent Section 5333(b), Guidelines to Carry Out number. dealers, the law specifies that they must New Programs Authorized by the record the tire identification number(s) Transportation Equity Act for the 21st FOR FURTHER INFORMATION CONTACT: For further information, contact Mr. Joseph of the tire(s) sold on a registration form, Century (TEA–21); Final Rule (64 FR and hand that form to the tire purchaser. 40990, July 28, 1999). Scott, Office of Crash Avoidance Standards, 400 Seventh Street, SW., DC The purchaser is then free to complete Issued on October 22, 2002. 20590. Mr. Scott’s telephone number is the remaining information, place a Jennifer L. Dorn, (202) 366–8525. His FAX number is stamp on the registration form, and Administrator. (202) 493–2739. Please identify the return it to the tire manufacturer. [FR Doc. 02–27374 Filed 10–25–02; 8:45 am] relevant collection of information by Abstract: Each tire manufacturer must collect and maintain records of the BILLING CODE 4910–57–P referring to its OMB Control Number. names and addresses of the first SUPPLEMENTARY INFORMATION: Under the purchasers of new tires. All tire dealers Paperwork Reduction Act of 1995, DEPARTMENT OF TRANSPORTATION and distributors must record the names before an agency submits a proposed and addresses of retail purchasers of National Highway Traffic Safety collection of information to OMB for new tires and the identification Administration approval, it must first publish a number(s) of the tires sold. A specific document in the Federal Register form is provided to tire dealers and [U.S. DOT Docket Number NHTSA–2002– providing a 60-day comment period and 13632] distributors by tire manufacturers for otherwise consult with members of the recording this information. The public and affected agencies concerning Reports, Forms, and Recordkeeping completed forms are returned to the tire each proposed collection of information. Requirements manufacturers where they are to remain The OMB has promulgated regulations for three years after the date received by AGENCY: National Highway Traffic describing what must be included in the manufacturer. Additionally, motor Safety Administration (NHTSA), such a document. Under OMB’s vehicle manufacturers are required to Department of Transportation. regulation (at 5 CFR 1320.8(d)), an record the names and addresses of the ACTION: Request for public comment on agency must ask for public comment on first purchasers of new motor vehicles, proposed collection of information. the following: together with the identification numbers (1) Whether the proposed collection of the tires on the new vehicles. SUMMARY: Before a Federal agency can of information is necessary for the Estimated Annual Burden: 747,500. collect certain information from the proper performance of the functions of Estimated Number of Respondents: public, it must receive approval from the agency, including whether the 37,400,000. the Office of Management and Budget information will have practical utility; (OMB). Under procedures established (2) The accuracy of the agency’s Issued on: October 23, 2002. by the Paperwork Reduction Act of estimate of the burden of the proposed Stephen R. Kratzke, 1995, before seeking OMB approval, collection of information, including the Associate Administrator for Rulemaking. Federal agencies must solicit public validity of the methodology and [FR Doc. 02–27369 Filed 10–25–02; 8:45 am] comment on proposed collections of assumptions used; BILLING CODE 4910–59–P

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DEPARTMENT OF TRANSPORTATION Michigan 48174, the telephone number and reasons supporting the star ratings is 734–728–2800. used in our New Car Assessment National Highway Traffic Safety FOR FURTHER INFORMATION CONTACT: Program. NHTSA will then give a brief Administration Delia Lopez, (202) 366–1810. review of our plans for improving SUPPLEMENTARY INFORMATION: NHTSA occupant protection in rear-end crashes. [Docket NHTSA–99–5087] holds regular public meetings to answer We expect this will form the basis for questions from the public and the better dialogue with the attendees at Rulemaking Program Meeting regulated industries regarding the these public meetings on rulemaking. agency’s vehicle regulatory program. NHTSA will provide auxiliary aids to AGENCY: National Highway Traffic participants as necessary. Any person Safety Administration, DOT. Questions on aspects of the agency’s research and development activities that desiring assistance of ‘‘auxiliary aids’’ ACTION: Notice of NHTSA Rulemaking relate directly to ongoing regulatory (e.g., sign-language interpreter, Status Meeting. actions should be submitted, as in the telecommunications devices for deaf persons (TDDs), readers, taped texts, SUMMARY: This notice announces a past, to the agency’s Rulemaking Office. Transcripts of these meetings will be brailled materials, or large print public meeting at which NHTSA will materials and/or a magnifying device), answer questions from the public and available for public inspection in the DOT Docket in Washington, DC, within please contact Delia Lopez on (202) the automobile industry regarding the 366–1810, by COB Wednesday, agency’s vehicle regulatory program. four weeks after the meeting. Copies of the transcript will then be available at November 20, 2002. DATES: The Agency’s regular public ten cents a page, (length has varied from Issued: October 23, 2002. meeting relating to its vehicle regulatory 80 to 150 pages) upon request to DOT program will be held on Thursday, Stephen R. Kratzke, Docket, Room PL–401, 400 Seventh November 21, 2002, beginning at 9:45 Associate Administrator for Rulemaking. Street, SW., Washington, DC 20590. The a.m. and ending at approximately 12 [FR Doc. 02–27370 Filed 10–25–02; 8:45 am] DOT Docket is open to the public from p.m. at the Best Western Gateway BILLING CODE 4910–59–P 10 a.m. to 5 p.m. The transcript may International Hotel 9191 Wickham, also be accessed electronically at http:/ Romulus, Michigan. Questions relating /dms.dot.gov, at docket NHTSA–99– to the vehicle regulatory program must DEPARTMENT OF TRANSPORTATION 5087. Questions to be answered at the be submitted in writing with a diskette public meeting should be organized by National Highway Traffic Safety (Microsoft Word) by Wednesday, categories to help us process the Administration November 6, 2002, to the address shown questions into an agenda form more below or by e-mail. If sufficient time is [Docket No. NHTSA–2002–13533] efficiently. available, questions received after Sample format: November 6, may be answered at the Notice of Receipt of Petition for meeting. The individual, group or I. Rulemaking Decision That Nonconforming 1995– 2002 Harley Davidson Buell company submitting a questions(s) does A. Crash avoidance not have to be present for the Motorcycles (All Models) Are Eligible questions(s) to be answered. A B. Crashworthiness for Importation consolidated list of the questions C. Other Rulemakings AGENCY: National Highway Traffic submitted by November 6, 2002, and the Safety Administration, DOT. issues to be discussed will be posted on II. Consumer Information ACTION: Notice of receipt of petition for NHTSA’s Web site (www.nhtsa.dot.gov) III. Miscellaneous decision that nonconforming 1995–2002 by Wednesday, November 20, 2002, and We plan to conduct this meeting Harley Davidson Buell motorcycles (all also will be available at the meeting. differently than past meetings in an models) are eligible for importation. The agency will hold a second public effort to have a greater dialogue with the meeting on November 21, devoted public on rulemaking issues. Instead of SUMMARY: This document announces exclusively to a presentation of research responding individually to questions receipt by the National Highway Traffic and development programs. This asking when we plan to publish a Safety Administration (NHTSA) of a meeting will begin at 1:30 p.m. and end particular rulemaking action, we will petition for a decision that 1995–2002 at approximately 5 p.m. This meeting is respond to all of those questions on a Harley Davidson Buell motorcycles (all described more fully in a separate single piece of paper. That piece of models) that were not originally announcement. The next NHTSA Public paper will be posted on our Web site by manufactured to comply with all Meeting will take place on Thursday, Wednesday, November 20 and applicable Federal motor vehicle safety April 3, 2003, at the Best Western distributed at the public meeting on standards are eligible for importation Gateway International Hotel, Romulus, November 21. Our intention is to move into the United States because they (1) Michigan. these meetings away from focusing on they are substantially similar to vehicles ADDRESSES: Questions for the November NHTSA’s schedule for its rulemaking that were originally manufactured for 21, NHTSA Rulemaking Status Meeting, actions to discussions about the importation into and sale in the United relating to the agency’s vehicle substantive progress on rulemaking States and that were certified by their regulatory program, should be actions and the agency’s substantive manufacturer as complying with the submitted to Delia Lopez, NVS–100, plans, to the extent those have been safety standards, and (2) they are National Highway Traffic Safety determined. capable of being readily altered to Administration, Room 5401, 400 For the November 21 meeting, conform to the standards. Seventh Street, SW., Washington, DC NHTSA will begin by addressing any DATES: The closing date for comments 20590, Fax Number (202) 366–4329, e- substantive issues raised in the on the petition is November 27, 2002. mail [email protected]. The meeting questions submitted in response to this ADDRESSES: Comments should refer to will be held at the Best Western notice. We will then offer a presentation the docket number and notice number, Gateway International Hotel, Romulus, by Roger Kurrus on the research behind and be submitted to: Docket

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Management, Room PL–401, 400 Specifically, the petitioner claims that Issued on: October 23, 2002. Seventh St., SW., Washington, DC non-U.S. certified 1995–2002 Harley Marilynne Jacobs, 20590. (Docket hours are from 9 a.m. to Davidson Buell motorcycles (all models) Director, Office of Vehicle Safety Compliance. 5 p.m.) are identical to their U.S. certified [FR Doc. 02–27389 Filed 10–25–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: counterparts with respect to compliance BILLING CODE 4910–59–P Luke Loy, Office of Vehicle Safety with Standard Nos. 106 Brake Hoses, Compliance, NHTSA (202–366–5308). 111 Rearview Mirrors, 116 Brake Fluid, SUPPLEMENTARY INFORMATION: 119 New Pneumatic Tires for Vehicles DEPARTMENT OF TRANSPORTATION other than Passenger Cars, 122 Background Motorcycle Brake Systems, and 205 National Highway Traffic Safety Under 49 U.S.C. 30141(a)(1)(A), a Glazing Materials. Administration motor vehicle that was not originally The petitioner also states that vehicle manufactured to conform to all identification number (VIN) plates that [Docket No. NHTSA–2002–13538] applicable Federal motor vehicle safety meet the requirements of 49 CFR Part standards shall be refused admission 565 have been affixed to non-U.S. Notice of Receipt of Petition for into the United States unless NHTSA certified 1995–2002 Harley Davidson Decision That Nonconforming 2002 has decided that the motor vehicle is Buell motorcycles. Yamaha FJR 1300 Motorcycles Are Eligible for Importation substantially similar to a motor vehicle Petitioner additionally contends that originally manufactured for importation the vehicles are capable of being altered AGENCY: National Highway Traffic into and sale in the United States, to meet the following standards, in the Safety Administration, DOT. certified under 49 U.S.C. 30115, and of manner indicated below: the same model year as the model of the ACTION: Notice of receipt of petition for motor vehicle to be compared, and is Standard No. 108 Lamps, Reflective decision that nonconforming 2002 capable of being readily altered to Devices and Associated Equipment: Yamaha FJR 1300 motorcycles are conform to all applicable Federal motor installation of headlamp bulbs, amber eligible for importation. vehicle safety standards. front side reflectors, and red rear side SUMMARY: This document announces Petitions for eligibility decisions may reflectors that conform to the be submitted by either manufacturers or requirements of the standard. The receipt by the National Highway Traffic importers who have registered with petitioner states that the vehicles are Safety Administration (NHTSA) of a NHTSA pursuant to 49 CFR part 592. As already equipped with a tail lamp petition for a decision that 2002 Yamaha specified in 49 CFR 593.7, NHTSA system, a stop lamp system, a white FJR 1300 motorcycles that were not publishes notice in the Federal Register license plate lamp, and turn signals that originally manufactured to comply with of each petition that it receives, and conform to the standard. all applicable Federal motor vehicle affords interested persons an Standard No. 120 Tire Selection and safety standards are eligible for opportunity to comment on the petition. Rims for Vehicles other than Passenger importation into the United States At the close of the comment period, Cars: installation of a label showing that because they have safety features that NHTSA decides, on the basis of the the tires and rims are in conformity with comply with, or are capable of being petition and any comments that it has the requirements of the standard. altered to comply with, all such standards. received, whether the vehicle is eligible Standard No. 123 Motorcycle Controls for importation. The agency then and Displays: modification of the DATES: The closing date for comments publishes this decision in the Federal speedometer to read in miles per hour. on the petition is November 27, 2002. Register. The petitioner states that the vehicles ADDRESSES: Comments should refer to Northern California Diagnostic are already equipped with a the docket number and notice number, Laboratories, Inc. of Napa, California supplemental engine stop control on the and be submitted to: Docket (‘‘NCDL’’)(Registered Importer 92–011) right handlebar and other controls and Management, Room PL–401. 400 has petitioned NHTSA to decide displays that are in conformity with the Seventh St., SW., Washington, DC whether non-U.S. certified 1995–2002 requirements of the standard. 20590. (Docket hours are from 9 a.m. to Harley Davidson Buell motorcycles (all Comments should refer to the docket 5 p.m.) models) are eligible for importation into number and be submitted to: Docket the United States. NCDL contends that FOR FURTHER INFORMATION CONTACT: Management, Room PL–401, 400 these vehicles are eligible for Luke Loy, Office of Vehicle Safety Seventh Street, SW., Washington, DC importation under 49 U.S.C. Compliance, NHTSA (202–366–5308). 20590. It is requested but not required 30141(a)(1)(A). The vehicles which SUPPLEMENTARY INFORMATION: that 10 copies be submitted. NCDL believes are substantially similar Background are 1995–2002 Harley Davidson Buell All comments received before the motorcycles (all models) that were close of business on the closing date Under 49 U.S.C. 30141(a)1)(A), a manufactured for importation into, and indicated above will be considered, and motor vehicle that was not originally sale in, the United States and certified will be available for examination in the manufactured to conform to all by their manufacturer as conforming to docket at the above address both before applicable Federal motor vehicle safety all applicable Federal motor vehicle and after that date. To the extent standards shall be refused admission safety standards. possible, comments filed after the into the United States unless NHTSA The petitioner claims that it carefully closing date will also be considered. has decided that the motor vehicle is compared non-U.S. certified 1995–2002 Notice of final action on the petition substantially similar to a motor vehicle Harley Davidson Buell motorcycles (all will be published in the Federal originally manufactured for importation models) to their U.S.-certified Register pursuant to the authority into and sale in the United States, counterparts, and found the vehicles to indicated below. certified under 49 U.S.C. 30115, and of be substantially similar with respect to Authority: 49 U.S.C. 30141(a)(1)(A) and the same model year as the model of the compliance with most Federal motor (b)(1); 49 CFR 593.8; delegations of authority motor vehicle to be compared, and is vehicle safety standards. at 49 CFR 1.50 and 501.8. capable of being readily altered to

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conform to all applicable Federal motor already equipped with a tail lamp petition for a decision that 1989–1993 vehicle safety standards. system, a stop lamp system, a white Honda VFR 400 and RVF 400 Where there is no substantially license plate lamp, and turn signals that motorcycles that were not originally similar U.S.-certified motor vehicle, 49 conform to the standard. manufactured to comply with all U.S.C. 30141(a)(1)(B) permits a Standard No. 120, Tire Selection and applicable Federal motor vehicle safety nonconforming motor vehicle to be Rims for Vehicles other than Passenger standards are eligible for importation admitted into the United States if its Cars: installation of a label showing that into the United States because they have safety features comply with, or are the tires and rims are in conformity with safety features that comply with, or are capable of being altered to comply with, the requirements of the standard. capable of being altered to comply with, all applicable Federal motor vehicle Standard No. 123 Motorcycle Controls all such standards. safety standards based on destructive and Displays: modification of the DATES: The closing date for comments test data or such other evidence as speedometer to read in miles per hour. on the petition is November 27, 2002. NHTSA decides to be adequate. The petitioner states that the vehicles ADDRESSES: Comments should refer to Petitions for eligibility decisions may are already equipped with a the docket number and notice number, be submitted by either manufacturers or supplemental engine stop control on the and be submitted to: Docket importers who have registered with right handlebar and other controls and Management, Room PL–401, 400 NHTSA pursuant to 49 CFR part 592. As displays that are in conformity with the specified in 49 CFR 593.7, NHTSA Seventh St., SW., Washington, DC requirements of the standard. 20590. (Docket hours are from 9 a.m. to publishes notice in the Federal Register Comments should refer to the docket of each petition that it receives, and 5 p.m.) number and be submitted to: Docket FOR FURTHER INFORMATION CONTACT: affords interested persons an Management, Room PL–401, 400 opportunity to comment on the petition. Luke Loy, Office of Vehicle Safety Seventh Street, SW., Washington, DC Compliance, NHTSA (202–366–5308). At the close of the comment period, 20590. It is requested but not required SUPPLEMENTARY INFORMATION: NHTSA decides, on the basis of the that 10 copies be submitted. petition and any comments that it has All comments received before the Background received, whether the vehicle is eligible close of business on the closing date Under 49 U.S.C. 30141(a)(1)(A), a for importation. The agency then indicated above will be considered, and publishes this decision in the Federal motor vehicle that was not originally will be available for examination in the manufactured to conform to all Register. docket at the above address both before Northern California Diagnostic applicable Federal motor vehicle safety and after that date. To the extent Laboratories, Inc. of Napa, California standards shall be refused admission possible, comments filed after the (‘‘NCDL’’) (Registered Importer 92–011) into the United States unless NHTSA closing date will also be considered. has petitioned NHTSA to decide has decided that the motor vehicle is Notice of final action on the petition whether non-U.S. certified 2002 substantially similar to a motor vehicle will be published in the Federal Yamaha FJR 1300 motorcycles are originally manufactured for importation Register pursuant to the authority eligible for importation into the United into and sale in the United States, indicated below. States. NCDL contends that these certified under 49 U.S.C. 30115, and of vehicles are eligible for importation Authority: 49 U.S.C. 30141(a)(1)(B) and the same model year as the model of the under 49 U.S.C. 30141(a)(1)(B) because (b)(1); 49 CFR 593.8; delegations of authority motor vehicle to be compared, and is they have safety features that comply at 49 CFR 1.50 and 501.8. capable of being readily altered to with, or are capable of being altered to Issued on: October 23, 2002. conform to all applicable Federal motor comply with, all applicable Federal Marilynne Jacobs, vehicle safety standards. motor vehicle safety standards. Director, Office of Vehicle Safety Compliance. Where there is no substantially similar U.S.-certified motor vehicle, 49 Specifically, the petitioner claims that [FR Doc. 02–27387 Filed 10–25–02; 8:45 am] U.S.C. 30141(a)(1)(B) permits a non-U.S. certified 2002 Yamaha FJR BILLING CODE 4910–59–M 1300 motorcycles have safety features nonconforming motor vehicle to be that comply with Standard Nos. 106 admitted into the United States if its Brake Hoses, 111 Rearview Mirrors, 116 DEPARTMENT OF TRANSPORTATION safety features comply with, or are Brake Fluid, 119 New Pneumatic Tires capable of being altered to comply with, for Vehicles other than Passenger Cars, National Highway Traffic Safety all applicable Federal motor vehicle 122 Motorcycle Brake Systems, and 205 Administration safety standards based on destructive test data or such other evidence as Glazing Materials. [Docket No. NHTSA–2002–13534] The petitioner also states that vehicle NHTSA decides to be adequate. identification number (VIN) plates that Notice of Receipt of Petition for Petitions for eligibility decisions may meet the requirements of 49 CFR Part Decision That Nonconforming 1989– be submitted by either manufacturers or 565 have been affixed to non-U.S. 1993 Honda VFR 400 and RVF 400 importers who have registered with certified 2002 Yamaha FJR 1300 Motorcycles Are Eligible for NHTSA pursuant to 49 CFR part 592. As motorcycles. Importation specified in 49 CFR 593.7, NHTSA Petitioner additionally contends that publishes notice in the Federal Register the vehicles are capable of being altered AGENCY: National Highway Traffic of each petition that it receives, and to meet the following standards, in the Safety Administration, DOT. affords interested persons an manner indicated below: ACTION: Notice of receipt of petition for opportunity to comment on the petition. Standard No. 108 Lamps, Reflective decision that nonconforming 1989–1993 At the close of the comment period, Devices and Associated Equipment: Honda VFR 400 and RVF 400 NHTSA decides, on the basis of the installation of headlamp bulbs, amber motorcycles are eligible for importation. petition and any comments that it has front side reflectors, and red rear side received, whether the vehicle is eligible reflectors that conform to the SUMMARY: This document announces for importation. The agency then requirements of the standard. The receipt by the National Highway Traffic publishes this decision in the Federal petitioner states that the vehicles are Safety Administration (NHTSA) of a Register.

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Northern California Diagnostic will be available for examination in the manufactured to conform to all Laboratories, Inc. of Napa, California docket at the above address both before applicable Federal motor vehicle safety (‘‘NCDL’’) (Registered Importer 92–011) and after that date. To the extent standards shall be refused admission has petitioned NHTSA to decide possible, comments filed after the into the United States unless NHTSA whether non-U.S. certified 1989–1993 closing date will also be considered. has decided that the motor vehicle is Honda VFR 400 and RVF 400 Notice of final action on the petition substantially similar to a motor vehicle motorcycles are eligible for importation will be published in the Federal originally manufactured for importation into the United States. NCDL contends Register pursuant to the authority into and sale in the United States, that these vehicles are eligible for indicated below. certified under 49 U.S.C. 30115, and of importation under 49 U.S.C. Authority: 49 U.S.C. 30141(a)(1)(B) and the same model year as the model of the 30141(a)(1)(B) because they have safety (b)(1); 49 CFR 593.8; delegations of authority motor vehicle to be compared, and is features that comply with, or are at 49 CFR 1.50 and 501.8. capable of being readily altered to capable of being altered to comply with, Issued on: October 23, 2002. conform to all applicable Federal motor all applicable Federal motor vehicle vehicle safety standards. Marilynne Jacobs, safety standards. Where there is no substantially Specifically, the petitioner claims that Director, Office of Vehicle Safety Compliance. similar U.S.-certified motor vehicle, 49 non-U.S. certified 1989–1993 Honda [FR Doc. 02–27388 Filed 10–25–02; 8:45 am] U.S.C. 30141(a)(1)(B) permits a VFR 400 and RVF 400 motorcycles have BILLING CODE 4910–59–P nonconforming motor vehicle to be safety features that comply with admitted into the United States if its Standard Nos. 106 Brake Hoses, 111 safety features comply with, or are DEPARTMENT OF TRANSPORTATION Rearview Mirrors, 116 Brake Fluid, 119 capable of being altered to comply with, New Pneumatic Tires for Vehicles other all applicable Federal motor vehicle than Passenger Cars, 122 Motorcycle National Highway Traffic Safety Administration safety standards based on destructive Brake Systems, and 205 Glazing test data or such other evidence as Materials. [Docket No. NHTSA–2002–13539] NHTSA decides to be adequate. The petitioner also states that vehicle Petitions for eligibility decisions may identification number (VIN) plates that Notice of Receipt of Petition for be submitted by either manufacturers or meet the requirements of 49 CFR part Decision That Nonconforming 1989– importers who have registered with 565 have been affixed to non-U.S. 1994 Honda CBR 250 Motorcycles Are NHTSA pursuant to 49 CFR Part 592. As certified 1989–1993 Honda VFR 400 and Eligible for Importation specified in 49 CFR 593.7, NHTSA RVF 400 motorcycles. publishes notice in the Federal Register Petitioner additionally contends that AGENCY: National Highway Traffic of each petition that it receives, and the vehicles are capable of being altered Safety Administration, DOT. affords interested persons an to meet the following standards, in the ACTION: Notice of receipt of petition for opportunity to comment on the petition. manner indicated below: decision that nonconforming 1989–1994 At the close of the comment period, Standard No. 108 Lamps, Reflective Honda CBR 250 motorcycles are eligible NHTSA decides, on the basis of the Devices and Associated Equipment: for importation. installation of headlamp bulbs, amber petition and any comments that it has front side reflectors, and red rear side SUMMARY: This document announces received, whether the vehicle is eligible reflectors that conform to the receipt by the National Highway Traffic for importation. The agency then requirements of the standard. The Safety Administration (NHTSA) of a publishes this decision in the Federal petitioner states that the vehicles are petition for a decision that 1989–1994 Register. already equipped with a tail lamp Honda CBR 250 motorcycles that were Northern California Diagnostic system, a stop lamp system, a white not originally manufactured to comply Laboratories, Inc. of Napa, California license plate lamp, and turn signals that with all applicable Federal motor (’’NCDL’’)(Registered Importer 92–011) conform to the standard. vehicle safety standards are eligible for has petitioned NHTSA to decide Standard No. 120 Tire Selection and importation into the United States whether non-U.S. certified 1989–1994 Rims for Vehicles other than Passenger because they have safety features that Honda CBR 250 motorcycles are eligible Cars: installation of a label showing that comply with, or are capable of being for importation into the United States. the tires and rims are in conformity with altered to comply with, all such NCDL contends that these vehicles are the requirements of the standard. standards. eligible for importation under 49 U.S.C. 30141(a)(1)(B) because they have safety Standard No. 123 Motorcycle Controls DATES: The closing date for comments features that comply with, or are and Displays: modification of the on the petition is November 27, 2002. speedometer to read in miles per hour. capable of being altered to comply with, ADDRESSES: Comments should refer to The petitioner states that the vehicles all applicable Federal motor vehicle the docket number and notice number, are already equipped with a safety standards. and be submitted to: Docket supplemental engine stop control on the Specifically, the petitioner claims that Management, Room PL 401, 400 right handlebar and other controls and non-U.S. certified 1989–1994 Honda Seventh St., SW., Washington, DC displays that are in conformity with the CBR 250 motorcycles have safety 20590. [Docket hours are from 9 a.m. to requirements of the standard. features that comply with Standard Nos. Comments should refer to the docket 5 p.m.] 106 Brake Hoses, 111 Rearview Mirrors, number and be submitted to: Docket FOR FURTHER INFORMATION CONTACT: 116 Brake Fluid, 119 New Pneumatic Management, Room PL–401, 400 Luke Loy, Office of Vehicle Safety Tires for Vehicles other than Passenger Seventh Street, SW., Washington, DC Compliance, NHTSA (202–366–5308). Cars, 122 Motorcycle Brake Systems, 20590. It is requested but not required SUPPLEMENTARY INFORMATION: and 205 Glazing Materials. that 10 copies be submitted. The petitioner also states that vehicle All comments received before the Background identification number (VIN) plates that close of business on the closing date Under 49 U.S.C. 30141(a)(1)(A), a meet the requirements of 49 CFR Part indicated above will be considered, and motor vehicle that was not originally 565 have been affixed to non-U.S.

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certified 1989–1994 Honda CBR 250 will be available for examination in the mode of transportation for which a motorcycles. docket at the above address both before particular exemption is requested is Petitioner additionally contends that and after that date. To the extent indicated by a number in the ‘‘Nature of the vehicles are capable of being altered possible, comments filed after the Application’’ portion of the table below to meet the following standards, in the closing date will also be considered. as follows: 1—Motor vehicle, 2—Rail manner indicated below: Notice of final action on the petition freight, 3—Cargo vessel, 4—Cargo Standard No. 108 Lamps, Reflective will be published in the Federal aircraft only, 5—Passenger-carrying Devices and Associated Equipment: Register pursuant to the authority aircraft. installation of headlamp bulbs, amber indicated below. DATES: Comments must be received on front side reflectors, and red rear side Authority: 49 U.S.C. 30141(a)(1)(B) and or before November 27, 2002. reflectors that conform to the (b)(1); 49 CFR 593.8; delegations of authority ADDRESS COMMENTS TO: Records Center, requirements of the standard. The at 49 CFR 1.50 and 501.8. Research and Special Programs petitioner states that the vehicles are Issued on October 23, 2002. already equipped with a tail lamp Administration, U.S. Department of Marilynne Jacobs, system, a stop lamp system, a white Transportation, Washington, DC 20590. license plate lamp, and turn signals that Director, Office of Vehicle Safety Compliance. Comments should refer to the conform to the standard. [FR Doc. 02–27390 Filed 10–25–02; 8:45 am] application number and be submitted in Standard No. 120 Tire Selection and BILLING CODE 4910–59–P triplicate. If confirmation of receipt of Rims for Vehicles other than Passenger comments is desired, include a self- Cars: Installation of a label showing that addressed stamped postcard showing the tires and rims are in conformity with DEPARTMENT OF TRANSPORTATION the exemption application number. the requirements of the standard. FOR FURTHER INFORMATION: Copies of the Research and Special Programs applications (See Docket Number) are Standard No. 123 Motorcycle Controls Administration, Office of Hazardous and Displays: modification of the available for inspection at the New Materials Safety; Notice of Docket Management Facility, PL–401, at speedometer to read in miles per hour. Applications for Exemptions The petitioner states that the vehicles the U.S. Department of Transportation, are already equipped with a AGENCY: Research and Special Programs Nassif Building, 400 7th Street, SW., supplemental engine stop control on the Administration, DOT. Washington, DC 20590 or at http:// dms.dot.gov. right handlebar and other controls and ACTION: List of applicants for This notice of receipt of applications displays that are in conformity with the exemptions. requirements of the standard. for new exemptions is published in Comments should refer to the docket SUMMARY: In accordance with the accordance with part 107 of the Federal number and be submitted to: Docket procedures governing the application hazardous materials transportation law Management, Room PL–401, 400 for, and the processing of, exemptions (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Seventh Street, SW., Washington, DC from the Department of Transportation’s Issued in Washington, DC, on October 22, 20590. It is requested but not required Hazardous Materials Regulations (49 2002. that 10 copies be submitted. CFR part 107, Subpart B), notice is R. Ryan Posten, All comments received before the hereby given that the Office of Exemptions Program Officer, Office of close of business on the closing date Hazardous Materials Safety has received Hazardous Materials, Exemption and indicated above will be considered, and the applications described herein. Each Approvals.

NEW EXEMPTIONS

Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

13129–N ...... Great Lakes Chemical 49 CFR 173.227 ...... To authorize the one-time, one-way transportation in Corp., El Dorado, AR. commerce of DOT-Specification UN1A1 drums for disposal containing a poison by inhalation mate- rial. (mode 1) 13135–N ...... RSPA–02– Space Systems/ Loral, 49 CFR 173.302 ...... To authorize the transportation in commerce of a 13521. Palo Alto, CA. non-DOT specification pressure vessel as part of a satellite assembly containing Division 2.2. haz- ardous materials (modes 1, 4) 13137–N ...... RSPA–02– Atlas Air, Inc., Purchase, 49 CFR 175.320 ...... To authorize the transportation in commerce of Divi- 13520. NY. sion 1.1., 1.2, 1.3 and 1.4 explosives, which are forbidden or exceed quantities presently author- ized by cargo-only aircraft. (mode 4).

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[FR Doc. 02–27391 Filed 10–25–02; 8:45 am] the applications described herein. This Comments should refer to the BILLING CODE 4910–60–M notice is abbreviated to expedite application number and be submitted in docketing and public notice. Because triplicate. If confirmation of receipt of the sections affected, modes of comments is desired, include a self- DEPARTMENT OF TRANSPORTATION transportation, and the nature of addressed stamped postcard showing application have been shown in earlier the exemption number. Research and Special Programs Federal Register publications, they are Administration not repeated here. Requests for FOR FURTHER INFORMATION: Copies of the modifications of exemptions (e.g. to applications are available for inspection Office of Hazardous Materials Safety; provide for additional hazardous in the Records Center. Nassif Building, Notice of Applications for Modification materials, packaging design changes, 400 7th Street SW., Washington, DC or of Exemption additional mode of transportation, etc.) at http://dms.dot.gov. AGENCY: Research and Special Programs are described in footnotes to the This notice of receipt of applications Administration, DOT. application number. Application for modification of exemptions is numbers with the suffix ‘‘M’’ denote a ACTION: List of applications for published in accordance with part 107 modification request. These modification of exemptions. of the Federal hazardous materials applications have been separated from transportation law (49 U.S.C. 5117(b); the new applications for exemptions to SUMMARY: In accordance with the 49 CFR 1.53(b)). procedures governing the application facilitate processing. for, and the processing of, exemptions DATES: Comments must be received on Issued in Washington, DC, on October 22, from the Department of Transportation’s or before November 12, 2002. 2002. Hazardous Materials Regulations (49 ADDRESS COMMENTS TO: Records Cancer, R. Ryan Posten, CFR part 107, Subpart B), notice is Research and Special Programs Exemptions Program Oficer, Office of hereby given that the Office of Administration, U.S. Department of Hazardous Materials, Exemptions and Hazardous Materials Safety has received Transportation, Washington, DC 20590. Approvals.

Modification of Application No. Docket No. Applicant exemption

8760–M ...... Barton Solvents, Inc., Des Moines, IA 1 ...... 8760 8944–M ...... AMKO A Service Company, Gnadenhutten, OH 2 ...... 8944 11993–M ...... RSPA–97–3100 BREED Technologies, Inc., Lakeland, FL 3 ...... 11993 12277–M ...... RSPA–95–5797 The Indian Sugar & General Engineering Corporation, Haryana, IN 4 ...... 12277 12886–M ...... RSPA–02–11449 The Society of the Plastics Industry, Inc., Washington, DC 5 ...... 12886 12953–M ...... RSPA–02–11835 Westinghouse Electric Company, Pittsburgh, PA 6 ...... 12953 13036–M ...... RSPA–02–12789 Datum, Beverly, MA 7 ...... 13036 13113–M ...... RSPA–02–13308 Dow AgroSciences L.L.C., Indianapolis, IN 8 ...... 13113 13133–M ...... U.S. Department of Energy, Albuquerque, NM 9 ...... 13133 1 To modify the exemption to authorize the transportation of additional Class 3 materials in compartmented cargo tank motor vehicles. 2 To modify the exemption to authorize the use of an additional cylinder with changes to the requalification/retest procedures and rail freight and cargo aircraft only as additional modes of transportation. 3 To modify the exemption to authorize the transportation of Division 1.4G and Class 9 materials in non-DOT specification cylinders for use as components of automobile safety restraint systems. 4 To modify the exemption to authorize an updated design of the non-DOT specification pressure vessel for the transportation of Division 2.1, 2.2 and additional 2.3 materials. 5 To reissue the exemption originally issued on an emergency basis for the transportation of a Division 5.2 material without subsidiary hazard labels. 6 To modify the exemption to authorize an updated description of the Class 7 material to be transported via rail freight and motor vehicle. 7 To reissue the exemption originally issued on an emergency basis for the transportation of DOT Specification 3E cylinders containing hydro- gen in metal hydride as an integral part of the hydrogen maser. 8 To reissue the exemption originally issued on an emergency basis for the transportation of Division 6.1 materials in DOT Specification cargo tank motor vehicles and portable tanks. 9 To reissue the exemption originally issued on an emergency basis for the transportation of up to 25 grams of unapproved explosives, classed as Division 1.4E, when shipped in a special shipping container.

[FR Doc. 02–27392 Filed 10–25–02; 8:45 am] Public Law 104–13. Copies of the Form Number: IRS Form 2120. BILLING CODE 4910–60–M submission(s) may be obtained by Type of Review: Extension. calling the Treasury Bureau Clearance Title: Multiple Support Declaration. Officer listed. Comments regarding this Description: A taxpayer who pays DEPARTMENT OF THE TREASURY information collection should be more than 10%, but less than 50%, of addressed to the OMB reviewer listed the support for an individual may claim Submission for OMB Review; and to the Treasury Department that individual as a dependent provided Comment Request Clearance Officer, Department of the the taxpayer attaches declarations from Treasury, Room 2110, 1425 New York anyone else providing at least 10% Avenue, NW., Washington, DC 20220. support stating that they will not claim October 18, 2002. DATES: Written comments should be the dependent. This form is used to The Department of the Treasury has received on or before November 27, show that the other contributors have submitted the following public 2002, to be assured of consideration. agreed not to claim the individual as a information collection requirement(s) to dependent. Internal Revenue Service (IRS) OMB for review and clearance under the Respondents: Individuals or Paperwork Reduction Act of 1995, OMB Number: 1545–0071. households.

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Estimated Number of Respondents/ Minutes and Budget, Room 10235, New Recordkeepers: 11,000. Executive Office Building, Washington, Estimated Burden Hours Per Form 8109 ...... 2 DC 20503. Respondent/Recordkeeper: Form 8109–B ...... 3 Form 8109–C ...... 1 Lois K. Holland, Minutes Departmental PRA Clearance Officer. Frequency of Response: On occasion, [FR Doc. 02–27303 Filed 10–25–02; 8:45 am] Recordkeeping ...... 6 Weekly, Monthly, Other (semiweekly). BILLING CODE 4830–01–P Learning about the law or the form 4 Estimated Total Reporting Burden: Preparing the form ...... 7 1,841,607 hours. Copying, assembling, and sending DEPARTMENT OF THE TREASURY the form to the IRS ...... 13 OMB Number: 1545–0718. Form Number: IRS Form 941–M. Type of Review: Extension. Submission for OMB Review; Frequency of Response: Annually. Title: Employer’s Monthly Federal Comment Request Estimated Total Reporting/ Tax Return. Recordkeeping Burden: 112,500 hours. Description: Form 941–M is used by OMB Number: 1545–0108. certain employers to report payroll taxes Form Number: IRS Form 1096. October 18, 2002. on a monthly rather than quarterly Type of Review: Extension. The Department of the Treasury has basis. Employers who have failed to file Title: Annual Summary and submitted the following public Form 941 or who have failed to deposit Transmittal of U.S. Information Returns. information collection requirement(s) to as required are notified by the District Description: Form 1096 is sued to OMB for review and clearance under the Director that they must file Form 941– transmit information returns (Forms Paperwork Reduction Act of 1995, M monthly. 1099, 1098, 5498, a W–2G) to the IRS Public Law 104–13. Copies of the Respondents: Business or other for- Service Centers. Under Internal Revenue submission(s) may be obtained by profit, Individuals or households. Code (IRC) section 6041 and related calling the Treasury Bureau Clearance Estimated Number of Respondents/ sections, a separate Form 1096 is used Officer listed. Comments regarding this Recordkeepers: 1,000. for each type of return to the service information collection should be Estimated Burden Hours Per addressed to the OMB reviewer listed center by the payer. It is used by IRS to Respondent/Recordkeeper: summarize and categorize the and to the Treasury Department transmitted forms. Recordkeeping ...... 12 hr., 26 min. Clearance Officer, Department of the Learning about the law or 35 min. Treasury, Room 2110, 1425 New York Respondents: Business or other for- the form. profit, Individuals or households, Not- Preparing, copying, as- 49 min. Avenue, NW., Washington, DC 20220. for-profit institutions, Farms, Federal sembling, and sending DATES: Written comments should be Government, State, Local or Tribal the form to the IRS. received on or before November 27, Government. Frequency of Response: Monthly. 2002 to be assured of consideration. Estimated Number of Respondents: Estimated Total Reporting/ Departmental Offices/Office of the 4,023,036. Recordkeeping Burden: 166,320 hours. Estimated Burden Hours Per Assistant Secretary (Financial OMB Number: 1545–1029. Institutions)/First Accounts Program Respondent: 13 minutes. Regulation Project Number: IA–83–90 Frequency of Response: Annually. Final. OMB Number: 1505–0188. Estimated Total Reporting Burden: Type of Review: Extension. Form Number: None. 1,016,812 hours. Title: Disclosure of Tax Return Type of Review: Extension. OMB Number: 1545–0257. Information or Purposes of Quality or Title: First Accounts Program Form Number: IRS Forms 8109, 8109– Peer Review; Disclosure of Tax Return Agreement for Grants. B, and 8109–C. Information Due to Incapacity or Death Description: The Department of the Type of Review: Extension. of Tax Return Preparer. Treasury (Treasury) seeks to continue to Title: Federal Tax Deposit Coupon Description: These regulations govern collect financial and project (8109 and 8109–B); and Form FTD the circumstances under which tax performance information from First Address Change (Form 8109–C). return information may be disclosed for Accounts grantees. Respondents are Description: Federal Tax Deposit purposes of conducting quality or peer Non-Profit Organizations, For-Profit Coupons are used to deposit certain reviews, and disclosures that are Organizations and a Local Government. types of taxes at authorized depositaries. necessary because of the tax return The information collected will be used Coupons are sent to the IRS Centers for preparer’s death or incapacity. to verify grantee compliance with the crediting to taxpayers’ accounts. Data is Respondents: Business or other for- terms of the Grant Agreement entered used by the IRS to make the credit and profit. into between Treasury and each grantee. to verify tax deposits claimed on the Estimated Number of Recordkeepers: Respondents: Not-for-profit returns. The FTD Address Change is 250,000. institutions, Business or other for-profit, used to change the address on the FTD Estimated Burden Hours Per State, Local or Tribal Government. coupons. All taxpayers required to make Recordkeeper: 1 hour. Estimated Number of Respondents/ deposits are affected. Estimated Total Reporting/ Recordkeepers: 15. Respondents: Business or other for- Recordkeeping Burden: 250,000 hours. Estimated Burden Hours Per profit, Not-for-profit institutions, Farms, Clearance Officer: Glenn Kirkland Respondent/Recordkeeper: 25 hours. Federal Government, State, Local or (202) 622–3428, Internal Revenue Frequency of Response: On Occasion, Tribal Government. Service, Room 6411–03, 1111 Quarterly, Annually. Estimated Number of Respondents: Constitution Avenue, NW., Washington, Estimated Total Reporting/ 9,300,700. DC 20224. Recordkeeping Burden: 555 hours. Estimated Burden Hours Per OMB Reviewer: Joseph F. Lackey, Jr. Clearance Officer: Lois K. Holland Respondent: (202) 395–7316, Office of Management (202) 622–1563, Departmental Offices,

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Room 11000, 1750 Pennsylvania ADDRESSES: Direct all written comments The following paragraph applies to all Avenue, NW., Washington, DC 20220. to Glenn Kirkland, Internal Revenue of the collections of information covered OMB Reviewer: Joseph F. Lackey, Jr. Service, room 6411, 1111 Constitution by this notice: (202) 395–7316, Office of Management Avenue NW., Washington, DC 20224. An agency may not conduct or and Budget, Room 10235, New FOR FURTHER INFORMATION CONTACT: sponsor, and a person is not required to Executive Office Building, Washington, Requests for additional information or respond to, a collection of information DC 20503. copies of the regulation should be unless the collection of information displays a valid OMB control number. Lois K. Holland, directed to Larnice Mack (202) 622– 3179, or through the internet Books or records relating to a collection Departmental PRA Clearance Officer. of information must be retained as long [FR Doc. 02–27304 Filed 10–25–02; 8:45 am] ([email protected]), Internal Revenue Service, room 6407, 1111 as their contents may become material BILLING CODE 4811–16–P Constitution Avenue NW., Washington, in the administration of any internal DC 20224. revenue law. Generally, tax returns and tax return information are confidential, DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: as required by 26 U.S.C. 6103. Title: Below-Market Loans. Internal Revenue Service Request for Comments: Comments OMB Number: 1545–0913. submitted in response to this notice will [FI–165–84] Regulation Project Number: FI–165– be summarized and/or included in the 84 (Notice of Proposed Rulemaking). request for OMB approval. All Proposed Collection; Comment Abstract: Internal Revenue Code comments will become a matter of Request for Regulation Project section 7872 recharacterizes a below- public record. Comments are invited on: market loan as a market rate loan and (a) Whether the collection of AGENCY: Internal Revenue Service (IRS), an additional transfer by the lender to information is necessary for the proper Treasury. the borrower equal to the amount of performance of the functions of the ACTION: Notice and request for imputed interest. The regulation agency, including whether the comments. requires both the lender and the information shall have practical utility; borrower to attach a statement to their (b) the accuracy of the agency’s estimate SUMMARY: The Department of the respective income tax returns for years of the burden of the collection of Treasury, as part of its continuing effort in which they have imputed income or information; (c) ways to enhance the to reduce paperwork and respondent claim imputed deductions under Code quality, utility, and clarity of the burden, invites the general public and section 7872. information to be collected; (d) ways to other Federal agencies to take this minimize the burden of the collection of opportunity to comment on proposed Current Actions: There is no change to information on respondents, including and/or continuing information this existing regulation. through the use of automated collection collections, as required by the Type of Review: Extension of a techniques or other forms of information Paperwork Reduction Act of 1995, currently approved collection. technology; and (e) estimates of capital Public Law 104–13 (44 U.S.C. Affected Public: Individuals or or start-up costs and costs of operation, 3506(c)(2)(A)). Currently, the IRS is households, and business or other for- maintenance, and purchase of services soliciting comments concerning an profit organizations. to provide information. existing notice of proposed rulemaking, Estimated Number of Respondents: FI–165–84, Below-Market Loans 1,631,202. Approved: October 21, 2002. (1.7872–11(g)(l) and 1.7872–11(g)(3)). Estimated Time Per Respondent: 18 Glenn Kirkland, DATES: Written comments should be min. IRS Reports Clearance Officer. received on or before December 27, 2002 Estimated Total Annual Burden [FR Doc. 02–27296 Filed 10–25–02; 8:45 am] to be assured of consideration. Hours: 481,722. BILLING CODE 4830–01–P

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Part II

Department of the Treasury Internal Revenue Service

26 CFR Part 1 Electing Mark to Market for Marketable Stock; Hearing Cancellation; Proposed Rule

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DEPARTMENT OF THE TREASURY mark to market treatment for that stock the public hearing is proposed under section 1296 and related regulations under section 1291 of the Internal Revenue Service provisions of sections 1291 and 1295. Internal Revenue Code. The outlines of DATES: The public hearing originally topics to be addressed at the hearing 26 CFR Part 1 scheduled for Wednesday, November 6, were due on Wednesday, October 16, [REG–112306–00] 2002, at 10 a.m., is cancelled. 2002. The notice of proposed rulemaking RIN 1545–AY17 FOR FURTHER INFORMATION CONTACT: LaNita Van Dyke of the Regulations and notice of public hearing, instructed Electing Mark to Market for Marketable Unit, Assistant Chief Counsel those interested in testifying at the Stock; Hearing Cancellation (Corporate), (202) 622–7190 (not a toll- public hearing to submit a request to free number). speak and an outline of the topics to be AGENCY: Internal Revenue Service (IRS), addressed. As of Tuesday, October 22, Treasury. SUPPLEMENTARY INFORMATION: A notice 2002, no one has requested to speak. ACTION: Cancellation of notice of public of proposed rulemaking and notice of Therefore, the public hearing scheduled hearing on proposed rulemaking. public hearing that appeared in the for Wednesday, November 6, 2002, is Federal Register on Wednesday, July cancelled. SUMMARY: This document cancels the 31, 2002 (67 FR 49634), announced that public hearing on proposed regulations a public hearing was scheduled for LaNita Van Dyke, containing procedures for certain Wednesday, November 6, 2002, at 10 Acting Chief, Regulations Unit, Associate United States persons holding a.m., in room 4718, Internal Revenue Chief Counsel (Income Tax and Accounting). marketable stock in a passive foreign Building, 1111 Constitution Avenue, [FR Doc. 02–27295 Filed 10–25–02; 8:45 am] investment company (PFIC) to elect NW., Washington, DC. The subject of BILLING CODE 4830–01–P

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Part III

Department of the Treasury 31 CFR Part 5 Treasury Debt Collection; Final and Proposed Rules

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DEPARTMENT OF THE TREASURY Standards (FCCS), as revised on General, and the Office of Inspector November 22, 2000 (65 FR 70390), and General for Tax Administration 31 CFR Part 5 supplements the FCCS by prescribing (collectively referred to as ‘‘Treasury RIN: 1505–AA90 procedures consistent with the FCCS, as entities’’). The Departmental Offices, necessary and appropriate for Treasury one of Treasury’s bureaus, includes the Treasury Debt Collection Department operations. Treasury Office of D.C. Pensions, the Community entities may, but are not required to, Development Financial Institution AGENCY: Department of the Treasury. promulgate additional policies and Fund, the Executive Office of Asset ACTION: Interim rule with request for procedures consistent with this Forfeiture, and the Office of Foreign comments. regulation, the FCCS, and other Assets Control. The other bureaus are the Bureau of Public Debt; Bureau of SUMMARY: This rule revises the applicable Federal laws, policies, and Engraving and Printing; U.S. Mint; Department of the Treasury’s debt procedures. See, for example, the debt Secret Service; Customs Service; collection regulations to conform to the collection regulations governing the Financial Management Service; Internal Debt Collection Improvement Act of collection of overpayments under Revenue Service; Bureau of Alcohol, 1996, the revised Federal Claims certain District of Columbia retirement Tobacco, and Firearms; Office of Collection Standards, and other laws plans (66 FR 36703, July 13, 2001). This regulation also provides the procedures Comptroller of the Currency; the Office applicable to the collection of nontax of Thrift Supervision; the Federal Law debts owed to Treasury. This rule also for the collection of debts owed to other Federal agencies when a request for Enforcement Training Center; and the revises Treasury’s regulations governing Financial Crimes Enforcement Network. the offset of Treasury-issued payments offset is received by the Treasury Department. As stated in section 5.2 of this interim to collect debts owed to other Federal rule, nothing in this regulation requires agencies. This regulation does not apply to the collection of tax debts, which is a Treasury entity to duplicate notices or DATES: This rule is effective November governed by the Internal Revenue Code administrative proceedings required by 27, 2002; comments must be received on of 1986 (26 U.S.C. 1 et seq.) and contract, this regulation or other laws or or before November 27, 2002. regulations, policies and procedures regulations. Thus, for example, a ADDRESSES: Send comments to Cathy issued by the Internal Revenue Service. Treasury entity is not required to Thomas, Office of the Deputy Chief This regulation does not apply to the provide a debtor with two hearings on Financial Officer, Department of the Treasury Department’s Financial the same issue merely because the entity Treasury, 1500 Pennsylvania Avenue, Management Service when acting on uses two different collection tools, each NW., Attention: Metropolitan Square, behalf of other Federal agencies and of which requires that the debtor be Room 6228, Washington, DC 20220. states to collect delinquent debt referred provided with a hearing. Comments also may be submitted by to the Financial Management Service as Subpart B—Sections 5.4 through 5.19 electronic mail to required or authorized by Federal law Subpart B of this regulation describes [email protected]. for collection action. See 31 U.S.C. the procedures to be followed by FOR FURTHER INFORMATION CONTACT: 3711(g), 3716, and 3720A. Regulations Treasury entities when collecting debts Cathy Thomas, Office of the Deputy governing this centralized collection of owed to the Treasury Department. Chief Financial Officer, at (202) 622– debts by the Financial Management Among other things, subpart B outlines 0817, Department of the Treasury, 1500 Service are found at 31 CFR part 285. the due process procedures Treasury Unlike the Treasury Department’s Pennsylvania Avenue, NW., entities are required to follow when Washington, DC 20220. This document current regulation (see, for example, 31 using offset (administrative, tax refund is available for downloading from the CFR 5.3), this regulation does not and salary) to collect a debt, when Department of the Treasury’s Financial contain a section regarding the garnishing a debtor’s wages, or before Management Service web site at the delegation of debt collection authority reporting a debt to a credit bureau. following address: http:// within the Treasury Department. The Specifically, Treasury entities are www.fms.treas.gov. delegation is now contained in Treasury required to provide debtors with notice Directive 34–02, Credit Management SUPPLEMENTARY INFORMATION: of the amount and type of debt, the and Debt Collection (see http:// intended collection action to be taken, Background www.treas.gov/regs), and does not need how a debtor may pay the debt or make This rule revises the Department of to be included in the revised regulation. alternate repayment arrangements, how the Treasury’s (Treasury Department’s) Nothing in this regulation precludes a debtor may review documents related debt collection regulations found at 31 the use of collection remedies not to the debt, how a debtor may dispute CFR part 5 to conform to the Debt contained in this regulation. For the debt, and the consequences to the Collection Improvement Act of 1996 example, Treasury entities may collect debtor if the debt is not paid. Unlike the (DCIA), Public Law 104–134, 110 Stat. unused travel advances through setoff of Treasury Department’s current 1321, 1358 (Apr. 26, 1996), the revised an employee’s pay under 5 U.S.C. 5705. regulation (see, for example, 31 CFR Federal Claims Collection Standards, 31 Treasury entities and other Federal 5.11), this regulation does not require CFR Chapter IX (parts 900 through 904), agencies may simultaneously use Treasury entities to send notices by and other laws applicable to the multiple collection remedies to collect a certified mail. The Treasury Department collection of nontax debt owed to the debt, except as prohibited by law. has determined that the certified mail Government. Section Analysis requirement imposes an unnecessary This regulation provides procedures administrative burden and expense. for the collection of nontax debts owed Subpart A—Sections 5.1 through 5.3 Notices may be sent by first-class mail, to Treasury entities. Treasury adopts the Subpart A of this regulation addresses and if not returned by the United States Government-wide debt collection the general provisions applicable to the Postal Service, Treasury entities may standards promulgated by the collection of nontax debts owed to the presume that the notice was received. Departments of the Treasury and Justice, bureaus of the Department of the See Rosenthal v. Walker, 111 U.S. 185 known as the Federal Claims Collection Treasury, the Office of Inspector (1884); Mahon v. Credit Bureau of

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Placer County Incorporated, 171 F.3d process for offsets that occur on an ad PART 5—TREASURY DEBT 1197 (9th Cir. 1999). Nothing in this hoc, case-by-case basis to collect debts COLLECTION regulation precludes a Treasury entity from payments made by the Treasury from sending a notice by certified mail Department to its employees, its Subpart A—General Provisions if appropriate or required by statute. vendors, and others to whom the Sec. Subpart B also explains the Treasury Department is required or 5.1 What definitions apply to the circumstances under which Treasury authorized to pay. While centralized regulations in this part? entities may waive interest, penalties offset through the Treasury Offset 5.2 Why is the Treasury Department issuing and administrative costs. Program is the Government’s primary these regulations and what do they This regulation updates Treasury offset collection tool, this regulation cover? Department procedures to reflect 5.3 Do these regulations adopt the Federal provides the procedures to be used Claims Collection Standards (FCCS)? changes required by the DCIA. For when centralized offset is otherwise not example, the DCIA centralized the use available or appropriate. An agency’s Subpart B—Procedures To Collect Treasury of offset by requiring agencies to refer use of the non-centralized Debts debts delinquent more than 180 days to administrative offset process shall not 5.4 What notice will Treasury entities send the Financial Management Service for provide grounds to invalidate any offset to a debtor when collecting a Treasury offset. See 31 U.S.C. 3716(c)(6). The on the basis that centralized offset was debt? Financial Management Service not used. 5.5 How will Treasury entities add interest, disburses nearly 950 million Federal penalty charges, and administrative costs payments annually and is required to Regulatory Analysis to a Treasury debt? 5.6 When will Treasury entities allow a offset payments to persons who owe E.O. 12866, Regulatory Review delinquent debts to the Government. debtor to pay a Treasury debt in This rule is not a significant installments instead of one lump sum? Prior to the DCIA, agencies were regulatory action as defined in 5.7 When will Treasury entities required to contact the particular agency Executive Order 12866. Because no compromise a Treasury debt? issuing a payment in order to initiate notice of proposed rulemaking is 5.8 When will Treasury entities suspend or the offset of a Federal payment. This required for this rule, the provisions of terminate debt collection on a Treasury regulation also incorporates procedures the Regulatory Flexibility Act do not debt? for several new collection remedies 5.9 When will Treasury entities transfer a apply. authorized by the DCIA, such as Treasury debt to the Treasury administrative wage garnishment and Regulatory Flexibility Act Department’s Financial Management Service for collection? barring delinquent debtors from Because no notice of proposed obtaining additional Federal loan 5.10 How will Treasury entities use rulemaking is required for this rule, the administrative offset (offset of non-tax assistance. provisions of the Regulatory Flexibility Unlike the Treasury Department’s Federal payments) to collect a Treasury Act (5 U.S.C. 601 et seq.) do not apply. debt? current regulation (see, for example, 31 Moreover, the rule will only affect 5.11 How will Treasury entities use tax CFR 5.3), this regulation no longer persons who owe delinquent nontax refund offset to collect a Treasury debt? specifies the dollar threshold for which debts to the Treasury Department and 5.12 How will Treasury entities offset a legal approval of compromises or other Federal agencies. Accordingly, a Federal employee’s salary to collect a suspension or termination of debt regulatory flexibility analysis is not Treasury debt? collection activity is required. This required. 5.13 How will Treasury entities use information is contained in Treasury administrative wage garnishment to Directive 34–02, Credit Management Special Analyses collect a Treasury debt from a debtor’s and Debt Collection, which may be The Treasury Department is wages? found at http://www.treas.gov/regs. 5.14 How will Treasury entities report promulgating this interim rule without Treasury debts to credit bureaus? Subpart C—Sections 5.20 and 5.21 opportunity for prior public comment 5.15 How will Treasury entities refer pursuant to the Administrative Subpart C of this regulation describes Treasury debts to private collection Procedure Act, 5 U.S.C. 553 (the agencies? the procedures to be followed when a ‘‘APA’’). The Treasury Department has 5.16 When will Treasury entities refer Federal agency, other than a Treasury determined that a comment period is Treasury debts to the Department of entity, would like to use the offset unnecessary because the procedures Justice? process to collect a debt from a nontax contained in this interim rule are 5.17 Will a debtor who owes a Treasury payment issued by the Treasury mandated by law and by regulations debt be ineligible for Federal loan Department as a payment agency. This promulgated by the Departments of assistance or Federal licenses, permits or is distinguished from the offset of Treasury and Justice. The public is privileges? 5.18 How does a debtor request a special payments disbursed by the Treasury invited to submit comments on the Department’s Financial Management review based on a change in interim rule, which will be taken into circumstances such as catastrophic Service in its capacity as disbursing account before a final rule is issued. illness, divorce, death, or disability? agency for the Federal Government. The List of Subjects in 31 CFR Part 5 5.19 Will Treasury entities issue a refund if offset of payments disbursed by the money is erroneously collected on a Financial Management Service, Administrative practice and debt? including tax refund payments issued procedure, Claims, Debts, Garnishment Subpart C—Procedures for Offset of by the Internal Revenue Service and of wages, Government employee, Treasury Department Payments To Collect social security benefit payments issued Hearing and appeal procedures, Pay Debts Owed to Other Federal Agencies by the Social Security Administration, administration, Salaries, Wages. 5.20 How do other Federal agencies use the is conducted through the Treasury Authority and Issuance offset process to collect debts from Offset Program and is governed by payments issued by a Treasury entity? regulations found at 31 CFR part 285, as For the reasons set forth in the 5.21 What does a Treasury entity do upon well as agency-specific regulations. preamble, 31 CFR part 5 is revised to receipt of a request to offset the salary of Subpart C of this regulation governs the read as follows: a Treasury entity employee to collect a

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debt owed by the employee to another Disposable pay has the same meaning Alcohol, Tobacco, and Firearms; Office Federal agency? as that term is defined in 5 CFR of Comptroller of the Currency; the Appendix A to Part 5—Treasury Directive 550.1103. Office of Thrift Supervision; Federal 34–01—Waiving Claims Against Employee or Federal employee means Law Enforcement Training Center; and Treasury Employees for Erroneous a current employee of the Treasury Payments the Financial Crimes Enforcement Department or other Federal agency, Network. Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; including a current member of the 31 U.S.C. 321, 3701, 3711, 3716, 3717, 3718, Armed Forces, Reserve of the Armed § 5.2 Why is the Treasury Department 3720A, 3720B, 3720D. Forces of the United States, or the issuing these regulations and what do they cover? National Guard. Subpart A—General Provisions FCCS means the Federal Claims (a) Scope. This part provides Collection Standards, which were procedures for the collection of § 5.1 What definitions apply to the Treasury debts. This part also provides regulations in this part? jointly published by the Departments of procedures for collection of other debts As used in this part: the Treasury and Justice and codified at 31 CFR parts 900—904. owed to the United States when a Administrative offset or offset means request for offset of a Treasury payment withholding funds payable by the Financial Management Service means the Financial Management Service, a is received by the Treasury Department United States (including funds payable from another agency (for example, when by the United States on behalf of a State bureau of the Treasury Department, which is responsible for the centralized a Treasury Department employee owes Government) to, or held by the United a debt to the United States Department States for, a person to satisfy a debt collection of delinquent debts through the offset of Federal payments and other of Education). owed by the person. The term (b) Applicability. (1) This part applies ‘‘administrative offset’’ includes, but is means. Payment agency or Federal payment to the Treasury Department when not limited to, the offset of Federal agency means any Federal agency that collecting a Treasury debt, to persons salary, vendor, retirement, and Social transmits payment requests in the form who owe Treasury debts, and to Federal Security benefit payments. The terms of certified payment vouchers, or other agencies requesting offset of a payment ‘‘centralized administrative offset’’ and similar forms, to a disbursing official for issued by the Treasury Department as a ‘‘centralized offset’’ refer to the process disbursement. The ‘‘payment agency’’ payment agency (including salary by which the Treasury Department’s may be the agency that employs the payments to Treasury Department Financial Management Service offsets debtor. In some cases, the Treasury employees). Federal payments through the Treasury Department may be both the creditor (2) This part does not apply to tax Offset Program. agency and payment agency. debts nor to any debt for which there is Administrative wage garnishment Person means an individual, an indication of fraud or means the process by which a Federal corporation, partnership, association, misrepresentation, as described in agency orders a non-Federal employer organization, State or local government, § 900.3 of the FCCS, unless the debt is to withhold amounts from a debtor’s or any other type of entity other than a returned by the Department of Justice to wages to satisfy a debt, as authorized by Federal agency. the Treasury Department for handling. 31 U.S.C. 3720D, 31 CFR 285.11, and Salary offset means a type of (3) This part does not apply to the this part. administrative offset to collect a debt Financial Management Service when Agency or Federal agency means a owed by a Federal employee from the acting on behalf of other Federal department, agency, court, court current pay account of the employee. agencies and states to collect delinquent administrative office, or instrumentality Secretary means the Secretary of the debt referred to the Financial in the executive, judicial, or legislative Treasury. Management Service for collection branch of the Federal Government, Tax refund offset is defined in 31 CFR action as required or authorized by including government corporations. 285.2(a). Federal law. See 31 CFR part 285. Creditor agency means any Federal Treasury debt means a debt owed to (4) Nothing in this part precludes agency that is owed a debt. a Treasury entity by a person. collection or disposition of any debt Debt means any amount of money, Treasury Department means the under statutes and regulations other funds or property that has been United States Department of the than those described in this part. See, determined by an appropriate official of Treasury. for example, 5 U.S.C. 5705, the Federal Government to be owed to Treasury entity means the Office of Advancements and Deductions, which the United States by a person. As used Inspector General, the Office of authorizes Treasury entities to recover in this part, the term ‘‘debt’’ does not Inspector General for Tax travel advances by offset of up to 100% include debts arising under the Internal Administration, or a bureau of the of a Federal employee’s accrued pay. Revenue Code of 1986 (26 U.S.C. 1 et Treasury Department, including the See, also, 5 U.S.C. 4108, governing the seq.). Departmental Offices, responsible for collection of training expenses. To the Debtor means a person who owes a the collection of the applicable Treasury extent that the provisions of laws, other debt to the United States. debt. Departmental Offices include, but regulations, and Treasury Department Delinquent debt means a debt that has are not limited to, the Office of D.C. enforcement policies differ from the not been paid by the date specified in Pensions, the Community Development provisions of this part, those provisions the agency’s initial written demand for Financial Institution Fund, the of law, other regulations, and Treasury payment or applicable agreement or Executive Office of Asset Forfeiture, and Department enforcement policies apply instrument (including a post- the Office of Foreign Assets Control. to the remission or mitigation of fines, delinquency payment agreement) unless Other bureaus include, but are not penalties, and forfeitures, and debts other satisfactory payment arrangements limited to, the Bureau of Public Debt; arising under the tariff laws of the have been made. Bureau of Engraving and Printing; U.S. United States, rather than the provisions Delinquent Treasury debt means a Mint; U.S. Secret Service; Customs of this part. delinquent debt owed to a Treasury Service; Financial Management Service; (c) Additional policies and entity. Internal Revenue Service; Bureau of procedures. Treasury entities may, but

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are not required to, promulgate (1) The nature and amount of the garnish the debtor’s private sector (i.e., additional policies and procedures debt, and the facts giving rise to the non-Federal) wages (see § 5.13(a) of this consistent with this part, the FCCS, and debt; part), including: other applicable Federal law, policies, (2) How interest, penalties, and (i) The method and time period for and procedures. administrative costs are added to the requesting a hearing; (d) Duplication not required. Nothing debt, the date by which payment should (ii) That the timely filing of a request in this part requires a Treasury entity to be made to avoid such charges, and that for a hearing on or before the 15th duplicate notices or administrative such assessments must be made unless business day following the date of the proceedings required by contract, this excused in accordance with 31 CFR notice will stay the commencement of part, or other laws or regulations. 901.9 (see § 5.5 of this part); administrative wage garnishment, but (e) Use of multiple collection (3) The date by which payment not necessarily other collection remedies allowed. Treasury entities and should be made to avoid the enforced procedures; and other Federal agencies may collection actions described in (iii) The name and address of the simultaneously use multiple collection paragraph (a)(6) of this section; office to which the request for a hearing remedies to collect a debt, except as (4) The Treasury entity’s willingness should be sent. prohibited by law. This part is intended to discuss alternative payment (11) How a debtor who is a Federal to promote aggressive debt collection, arrangements and how the debtor may employee subject to Federal salary offset using for each debt all available enter into a written agreement to repay may request a hearing (see § 5.12(e) of collection remedies. These remedies are the debt under terms acceptable to the this part), including: not listed in any prescribed order to Treasury entity (see § 5.6 of this part); (i) The method and time period for provide Treasury entities with (5) The name, address, and telephone requesting a hearing; flexibility in determining which number of a contact person or office (ii) That the timely filing of a request remedies will be most efficient in within the Treasury entity; for a hearing on or before the 15th collecting the particular debt. (6) The Treasury entity’s intention to calendar day following receipt of the enforce collection if the debtor fails to § 5.3 Do these regulations adopt the notice will stay the commencement of Federal Claims Collection Standards pay or otherwise resolve the debt, by salary offset, but not necessarily other (FCCS)? taking one or more of the following collection procedures; This part adopts and incorporates all actions: (iii) The name and address of the (i) Offset. Offset the debtor’s Federal provisions of the FCCS. This part also office to which the request for a hearing payments, including income tax supplements the FCCS by prescribing should be sent; refunds, salary, certain benefit payments procedures consistent with the FCCS, as (iv) That the Treasury entity will refer (such as Social Security), retirement, necessary and appropriate for Treasury the debt to the debtor’s employing vendor, travel reimbursements and Department operations. agency or to the Financial Management advances, and other Federal payments Service to implement salary offset, (see §§ 5.10 through 5.12 of this part); Subpart B—Procedures To Collect unless the employee files a timely Treasury Debts (ii) Private collection agency. Refer the debt to a private collection agency request for a hearing; § 5.4 What notice will Treasury entities (see § 5.15 of this part); (v) That a final decision on the send to a debtor when collecting a Treasury (iii) Credit bureau reporting. Report hearing, if requested, will be issued at debt? the debt to a credit bureau (see § 5.14 of the earliest practical date, but not later (a) Notice requirements. Treasury this part); than 60 days after the filing of the entities shall aggressively collect (iv) Administrative wage garnishment. request for a hearing, unless the Treasury debts. Treasury entities shall Garnish the debtor’s wages through employee requests and the hearing promptly send at least one written administrative wage garnishment (see official grants a delay in the notice to a debtor informing the debtor § 5.13 of this part); proceedings; of the consequences of failing to pay or (v) Litigation. Refer the debt to the (vi) That any knowingly false or otherwise resolve a Treasury debt. The Department of Justice to initiate frivolous statements, representations, or notice(s) shall be sent to the debtor at litigation to collect the debt (see § 5.16 evidence may subject the Federal the most current address of the debtor of this part); employee to penalties under the False in the records of the Treasury entity (vi) Treasury Department’s Financial Claims Act (31 U.S.C. 3729–3731) or collecting the debt. Generally, before Management Service. Refer the debt to other applicable statutory authority, and starting the collection actions described the Financial Management Service for criminal penalties under 18 U.S.C. 286, in §§ 5.5 and 5.9 through 5.17 of this collection (see § 5.9 of this part); 287, 1001, and 1002, or other applicable part, Treasury entities will send no (7) That Treasury debts over 180 days statutory authority; more than two written notices to the delinquent must be referred to the (vii) That unless prohibited by debtor. The purpose of the notice(s) is Financial Management Service for the contract or statute, amounts paid on or to explain why the debt is owed, the collection actions described in deducted for the debt which are later amount of the debt, how a debtor may paragraph (a)(6) of this section (see § 5.9 waived or found not owed to the United pay the debt or make alternate of this part); States will be promptly refunded to the repayment arrangements, how a debtor (8) How the debtor may inspect and employee; and (viii) That proceedings may review documents related to the copy records related to the debt; with respect to such debt are governed debt, how a debtor may dispute the (9) How the debtor may request a by 5 U.S.C. 5514 and 31 U.S.C. 3716; debt, the collection remedies available review of the Treasury entity’s (12) How the debtor may request a to Treasury entities if the debtor refuses determination that the debtor owes a waiver of the debt, if applicable (see, for to pay the debt, and other consequences debt and present evidence that the debt example, Treasury Directive 34–01 to the debtor if the debt is not paid. is not delinquent or legally enforceable (Waiving Claims Against Treasury Except as otherwise provided in (see §§ 5.10(c) and 5.11(c) of this part); Employees for Erroneous Payments), set paragraph (b) of this section, the written (10) How a debtor may request a forth at Appendix A of this part and at notice(s) shall explain to the debtor: hearing if the Treasury entity intends to http://www.treas.gov/regs);

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(13) How the debtor’s spouse may (b) Waiver of interest, penalties, and in Treasury Directive 34–02 (Credit claim his or her share of a joint income administrative costs. Unless otherwise Management and Debt Collection), tax refund by filing Form 8379 with the required by law, Treasury entities may which may be found at http:// Internal Revenue Service (see http:// not charge interest if the amount due on www.treas.gov/regs. www.irs.gov) the debt is paid within 30 days after the § 5.8 When will Treasury entities suspend (14) How the debtor may exercise date from which the interest accrues. or terminate debt collection on a Treasury other statutory or regulatory rights and See 31 U.S.C. 3717(d). Treasury entities debt? may waive interest, penalties, and remedies available to the debtor; If, after pursuing all appropriate (15) That certain debtors may be administrative costs, or any portion means of collection, a Treasury entity ineligible for Federal Government loans, thereof, when it would be against equity determines that a Treasury debt is guaranties and insurance (see 31 U.S.C. and good conscience or not in the uncollectible, the Treasury entity may 3720B, 31 CFR 285.13, and § 5.17(a) of Treasury entity’s best interest to collect suspend or terminate debt collection this part); such charges, in accordance with activity in accordance with the (16) If applicable, the Treasury Treasury guidelines for waiving claims provisions of 31 CFR part 903 and the entity’s intention to suspend or revoke against Treasury employees for Treasury entity’s policies and licenses, permits or privileges (see erroneous overpayments. See Treasury procedures. Legal counsel approval to § 5.17(b) of this part); and Directive 34–01 (Waiving Claims terminate debt collection activity is (17) That the debtor should advise the Against Treasury Employees for required as described in Treasury Treasury entity of a bankruptcy Erroneous Payments) set forth at Directive 34–02 (Credit Management proceeding of the debtor or another Appendix A of this part and at http:// and Debt Collection), which may be person liable for the debt being www.treas.gov/regs. Legal counsel found at http://www.treas.gov/regs. collected. approval is not required to waive such § 5.9 When will Treasury entities transfer a (b) Exceptions to notice requirements. charges. Cf., §§ 5.7 and 5.8 of this part, which require legal counsel approval Treasury debt to the Treasury Department’s A Treasury entity may omit from a Financial Management Service for notice to a debtor one or more of the when compromising a debt or terminating debt collection activity on a collection? provisions contained in paragraphs (a) Treasury entities will transfer any (a)(6) through (a)(17) of this section if debt. (c) Accrual during suspension of debt eligible debt that is more than 180 days the Treasury entity, in consultation with collection. In most cases, interest, delinquent to the Financial Management its legal counsel, determines that any penalties and administrative costs will Service for debt collection services, a provision is not legally required given continue to accrue during any period process known as ‘‘cross-servicing.’’ See the collection remedies to be applied to when collection has been suspended for 31 U.S.C. 3711(g) and 31 CFR 285.12. a particular debt. any reason (for example, when the Treasury entities may transfer debts (c) Respond to debtors; comply with debtor has requested a hearing). delinquent 180 days or less to the FCCS. Treasury entities should respond Treasury entities may suspend accrual Financial Management Service in promptly to communications from of any or all of these charges when accordance with the procedures debtors and comply with other FCCS accrual would be against equity and described in 31 CFR 285.12. The provisions applicable to the good conscience or not in the Treasury Financial Management Service takes administrative collection of debts. See entity’s best interest, in accordance with appropriate action to collect or 31 CFR part 901. Treasury guidelines for waiving claims compromise the transferred debt, or to against Treasury employees for suspend or terminate collection action § 5.5 How will Treasury entities add thereon, in accordance with the interest, penalty charges, and erroneous overpayments. See Treasury administrative costs to a Treasury debt? Directive 34–01 (Waiving Claims statutory and regulatory requirements and authorities applicable to the debt (a) Assessment and notice. Treasury Against Treasury Employees for Erroneous Payments), set forth at and the collection action to be taken. entities shall assess interest, penalties See 31 CFR 285.12(b)(2). Appropriate Appendix A of this part and http:// and administrative costs on Treasury action includes, but is not limited to, www.treas.gov/regs. debts in accordance with the provisions contact with the debtor, referral of the of 31 U.S.C. 3717 and 31 CFR 901.9, on § 5.6 When will Treasury entities allow a debt to the Treasury Offset Program, Treasury debts. Interest shall be charged debtor to pay a Treasury debt in private collection agencies or the in accordance with the requirements of installments instead of one lump sum? Department of Justice, reporting of the 31 U.S.C. 3717(a). Penalties shall accrue If a debtor is financially unable to pay debt to credit bureaus, and at the rate of 6% per year, or such other the debt in one lump sum, a Treasury administrative wage garnishment. higher rate as authorized by law. entity may accept payment of a Treasury (b) At least sixty (60) days prior to Administrative costs, that is the costs of debt in regular installments, in transferring a Treasury debt to the processing and handling a delinquent accordance with the provisions of 31 Financial Management Service, debt, shall be determined by the CFR 901.8 and the Treasury entity’s Treasury entities will send notice to the Treasury entity collecting the Treasury policies and procedures. debtor as required by § 5.4 of this part. debt. Treasury entities may have Treasury entities will certify to the additional policies regarding how § 5.7 When will Treasury entities Financial Management Service, in interest, penalties, and administrative compromise a Treasury debt? writing, that the debt is valid, costs are assessed on particular types of If a Treasury entity cannot collect the delinquent, legally enforceable, and that debts. Treasury entities are required to full amount of a Treasury debt, the there are no legal bars to collection. In explain in the notice to the debtor Treasury entity may compromise the addition, Treasury entities will certify described in § 5.4 of this part how debt in accordance with the provisions their compliance with all applicable due interest, penalties, costs, and other of 31 CFR part 902 and the Treasury process and other requirements as charges are assessed, unless the entity’s policies and procedures. Legal described in this part and other Federal requirements are included in a contract counsel approval to compromise a laws. See 31 CFR 285.12(i) regarding the or repayment agreement. Treasury debt is required as described certification requirement.

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(c) As part of its debt collection Treasury entities will certify their administrative offset and/or other process, the Financial Management compliance with the requirements collection actions pending the Service uses the Treasury Offset described in this part. resolution of a debtor’s dispute. Each Program to collect Treasury debts by (b) Non-centralized administrative Treasury entity will have its own administrative and tax refund offset. See offset for Treasury debts. (1) When policies and procedures concerning the 31 CFR 285.12(g). The Treasury Offset centralized administrative offset administrative review process Program is a centralized offset program through the Treasury Offset Program is consistent with the FCCS and the administered by the Financial not available or appropriate, Treasury regulations in this section. Management Service to collect entities may collect past-due, legally (d) Procedures for expedited offset. delinquent debts owed to Federal enforceable Treasury debts through non- Under the circumstances described in agencies and states (including past-due centralized administrative offset. See 31 31 CFR 901.3(b)(4)(iii), Treasury entities child support). Under the Treasury CFR 901.3(c). In these cases, Treasury may effect an offset against a payment Offset Program, before a Federal entities may offset a payment internally to be made to the debtor prior to payment is disbursed, the Financial or make an offset request directly to a Management Service compares the Federal payment agency. If the Federal sending a notice to the debtor, as name and taxpayer identification payment agency is another Treasury described in § 5.4 of this part, or number (TIN) of the payee with the entity, the Treasury entity making the completing the procedures described in names and TINs of debtors that have request shall do so through the Deputy paragraph (b)(2) and (c) of this section. been submitted by Federal agencies and Chief Financial Officer as described in Treasury entities shall give the debtor states to the Treasury Offset Program § 5.20(c) of this part. notice and an opportunity for review as database. If there is a match, the (2) At least thirty (30) days prior to soon as practicable and promptly refund Financial Management Service (or, in offsetting a payment internally or any money ultimately found not to have some cases, another Federal disbursing requesting a Federal payment agency to been owed to the Government. offset a payment, Treasury entities will agency) offsets all or a portion of the § 5.11 How will Treasury entities use tax Federal payment, disburses any send notice to the debtor in accordance refund offset to collect a Treasury debt? remaining payment to the payee, and with the requirements of § 5.4 of this pays the offset amount to the creditor part. When referring a debt for offset (a) Tax refund offset. In most cases, agency. Federal payments eligible for under this paragraph (b), Treasury the Financial Management Service uses offset include, but are not limited to, entities making the request will certify, the Treasury Offset Program to collect income tax refunds, salary, travel in writing, that the debt is valid, Treasury debts by the offset of tax advances and reimbursements, delinquent, legally enforceable, and that refunds and other Federal payments. retirement and vendor payments, and there are no legal bars to collection by See § 5.9(c) of this part. If not already Social Security and other benefit offset. In addition, Treasury entities will transferred to the Financial Management payments. certify their compliance with these Service under § 5.9 of this part, Treasury regulations concerning administrative entities will refer to the Treasury Offset § 5.10 How will Treasury entities use offset. See 31 CFR 901.3(c)(2)(ii). Program any past-due, legally administrative offset (offset of non-tax (c) Administrative review. The notice enforceable debt for collection by tax Federal payments) to collect a Treasury described in § 5.4 of this part shall refund offset. See 26 U.S.C. 6402(d), 31 debt? explain to the debtor how to request an U.S.C. 3720A and 31 CFR 285.2. (a) Centralized administrative offset administrative review of a Treasury (b) Notice. At least sixty (60) days through the Treasury Offset Program. (1) entity’s determination that the debtor prior to referring a debt to the Treasury In most cases, the Financial owes a Treasury debt and how to Offset Program, Treasury entities will Management Service uses the Treasury present evidence that the debt is not send notice to the debtor in accordance Offset Program to collect Treasury debts delinquent or legally enforceable. In with the requirements of § 5.4 of this by the offset of Federal payments. See addition to challenging the existence part. Treasury entities will certify to the § 5.9(c) of this part. If not already and amount of the debt, the debtor may transferred to the Financial Management seek a review of the terms of repayment. Financial Management Service’s Service under § 5.9 of this part, Treasury In most cases, Treasury entities will Treasury Offset Program, in writing, that entities will refer any eligible debt over provide the debtor with a ‘‘paper the debt is past-due and legally 180 days delinquent to the Treasury hearing’’ based upon a review of the enforceable in the amount submitted Offset Program for collection by written record, including and that the Treasury entities have centralized administrative offset. See 31 documentation provided by the debtor. made reasonable efforts to obtain U.S.C. 3716(c)(6); 31 CFR part 285, Treasury entities shall provide the payment of the debt as described in 31 subpart A; and 31 CFR 901.3(b). debtor with a reasonable opportunity for CFR 285.2(d). In addition, Treasury Treasury entities may refer any eligible an oral hearing when the debtor entities will certify their compliance debt less than 180 days delinquent to requests reconsideration of the debt and with all applicable due process and the Treasury Offset Program for offset. the Treasury entity determines that the other requirements described in this (2) At least sixty (60) days prior to question of the indebtedness cannot be part and other Federal laws. See 31 referring a debt to the Treasury Offset resolved by review of the documentary U.S.C. 3720A(b) and 31 CFR 285.2. Program, in accordance with paragraph evidence, for example, when the (c) Administrative review. The notice (a)(1) of this section, Treasury entities validity of the debt turns on an issue of described in § 5.4 of this part shall will send notice to the debtor in credibility or veracity. Unless otherwise provide the debtor with at least 60 days accordance with the requirements of required by law, an oral hearing under prior to the initiation of tax refund offset § 5.4 of this part. Treasury entities will this section is not required to be a to request an administrative review as certify to the Financial Management formal evidentiary hearing, although described in § 5.10(c) of this part. Service, in writing, that the debt is Treasury entities should carefully Treasury entities may suspend valid, delinquent, legally enforceable, document all significant matters collection through tax refund offset and/ and that there are no legal bars to discussed at the hearing. Treasury or other collection actions pending the collection by offset. In addition, entities may suspend collection through resolution of the debtor’s dispute.

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§ 5.12 How will Treasury entities offset a Treasury entities will certify to the review of the documentary evidence Federal employee’s salary to collect a payment agency, in writing, that the alone. All travel expenses incurred by Treasury debt? debt is valid, delinquent and legally the Federal employee in connection (a) Federal salary offset. (1) Salary enforceable in the amount stated, and with an in-person hearing will be borne offset is used to collect debts owed to there are no legal bars to collection by by the employee. the United States by Treasury salary offset. In addition, Treasury (2) Failure to submit timely request for Department and other Federal entities will certify that all due process hearing. If the employee fails to submit employees. If a Federal employee owes and other prerequisites to salary offset a request for hearing within the time a Treasury debt, Treasury entities may have been met. See 5 U.S.C. 5514, 31 period described in paragraph (e)(1) of offset the employee’s Federal salary to U.S.C. 3716(a), and this section for a this section, the employee will have collect the debt in the manner described description of the due process and other waived the right to a hearing, and salary in this section. For information on how prerequisites for salary offset. offset may be initiated. However, a Federal agency other than a Treasury (d) When prior notice not required. Treasury entities should accept a late entity may collect debt from the salary Treasury entities are not required to request for hearing if the employee can of a Treasury Department employee, see provide prior notice to an employee show that the late request was the result §§ 5.20 and 5.21, subpart C, of this part. when the following adjustments are of circumstances beyond the employee’s (2) Nothing in this part requires a made by a Treasury entity to a Treasury control or because of a failure to receive Treasury entity to collect a Treasury employee’s pay: actual notice of the filing deadline. debt in accordance with the provisions (1) Any adjustment to pay arising out (3) Hearing official. Treasury entities of this section if Federal law allows of any employee’s election of coverage must obtain the services of a hearing otherwise. See, for example, 5 U.S.C. or a change in coverage under a Federal official who is not under the 5705 (travel advances not used for benefits program requiring periodic supervision or control of the Secretary. allowable travel expenses are deductions from pay, if the amount to Treasury entities may contact the recoverable from the employee or his be recovered was accumulated over four Deputy Chief Financial Officer as estate by setoff against accrued pay and pay periods or less; described in § 5.20(c) of this part or an other means) and 5 U.S.C. 4108 (2) A routine intra-agency adjustment agent of any agency designated in (recovery of training expenses). of pay that is made to correct an (3) Treasury entities may use the overpayment of pay attributable to Appendix A to 5 CFR part 581 (List of administrative wage garnishment clerical or administrative errors or Agents Designated to Accept Legal procedure described in § 5.13 of this delays in processing pay documents, if Process) to request a hearing official. part to collect a debt from an the overpayment occurred within the (4) Notice of hearing. After the individual’s non-Federal wages. four pay periods preceding the employee requests a hearing, the (b) Centralized salary offset through adjustment, and, at the time of such designated hearing official shall inform the Treasury Offset Program. As adjustment, or as soon thereafter as the employee of the form of the hearing described in § 5.9(a) of this part, practical, the individual is provided to be provided. For oral hearings, the Treasury entities will refer Treasury written notice of the nature and the notice shall set forth the date, time and debts to the Financial Management amount of the adjustment and point of location of the hearing. For paper Service for collection by administrative contact for contesting such adjustment; hearings, the notice shall notify the offset, including salary offset, through or employee of the date by which he or she the Treasury Offset Program. When (3) Any adjustment to collect a debt should submit written arguments to the possible, Treasury entities should amounting to $50 or less, if, at the time designated hearing official. The hearing attempt salary offset through the of such adjustment, or as soon thereafter official shall give the employee Treasury Offset Program before applying as practical, the individual is provided reasonable time to submit the procedures in paragraph (c) of this written notice of the nature and the documentation in support of the section. See 5 CFR 550.1109. amount of the adjustment and a point of employee’s position. The hearing (c) Non-centralized salary offset for contact for contesting such adjustment. official shall schedule a new hearing Treasury debts. When centralized salary (e) Hearing procedures. (1) Request date if requested by both parties. The offset through the Treasury Offset for a hearing. A Federal employee who hearing official shall give both parties Program is not available or appropriate, has received a notice that his or her reasonable notice of the time and place Treasury entities may collect delinquent Treasury debt will be collected by of a rescheduled hearing. Treasury debts through non-centralized means of salary offset may request a (5) Oral hearing. The hearing official salary offset. See 5 CFR 550.1109. In hearing concerning the existence or will conduct an oral hearing if he or she these cases, Treasury entities may offset amount of the debt. The Federal determines that the matter cannot be a payment internally or make a request employee also may request a hearing resolved by review of documentary directly to a Federal payment agency to concerning the amount proposed to be evidence alone (for example, when an offset a salary payment to collect a deducted from the employee’s pay each issue of credibility or veracity is delinquent debt owed by a Federal pay period. The employee must send involved). The hearing need not take the employee. If the Federal payment any request for hearing, in writing, to form of an evidentiary hearing, but may agency is another Treasury entity, the the office designated in the notice be conducted in a manner determined Treasury entity making the request shall described in § 5.4. See § 5.4(a)(11). The by the hearing official, including but not do so through the Deputy Chief request must be received by the limited to: Financial Officer as described in designated office on or before the 15th (i) Informal conferences with the § 5.20(c) of this part. At least thirty (30) calendar day following the employee’s hearing official, in which the employee days prior to offsetting internally or receipt of the notice. The employee and agency representative will be given requesting a Federal agency to offset a must sign the request and specify full opportunity to present evidence, salary payment, Treasury entities will whether an oral or paper hearing is witnesses and argument; send notice to the debtor in accordance requested. If an oral hearing is (ii) Informal meetings with an with the requirements of § 5.4 of this requested, the employee must explain interview of the employee by the part. When referring a debt for offset, why the matter cannot be resolved by hearing official; or

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(iii) Formal written submissions, with the decision is due and ending on the pursuant to 31 U.S.C. 3716 in order to an opportunity for oral presentation. date the decision is issued. satisfy a debt. (6) Paper hearing. If the hearing (11) Content of decision. The written (h) Payment agency’s responsibilities. official determines that an oral hearing decision shall include: (1) As required by 5 CFR 550.1109, if is not necessary, he or she will make the (i) A statement of the facts presented the employee separates from the determination based upon a review of to support the origin, nature, and payment agency from which a Treasury the available written record, including amount of the debt; entity has requested salary offset, the any documentation submitted by the (ii) The hearing official’s findings, payment agency must certify the total employee in support of his or her analysis, and conclusions; and amount of its collection and notify the position. (iii) The terms of any repayment Treasury entity and the employee of the (7) Failure to appear or submit schedules, if applicable. amounts collected. If the payment documentary evidence. In the absence of (12) Final agency action. The hearing agency is aware that the employee is good cause shown (for example, official’s decision shall be final. entitled to payments from the Civil excused illness), if the employee fails to (f) Waiver not precluded. Nothing in Service Retirement Fund and Disability appear at an oral hearing or fails to this part precludes an employee from Fund, the Federal Employee Retirement submit documentary evidence as requesting waiver of an overpayment System, or other similar payments, it required for a paper hearing, the under 5 U.S.C. 5584 or 8346(b), 10 must provide written notification to the employee will have waived the right to U.S.C. 2774, 32 U.S.C. 716, or other payment agency responsible for making a hearing, and salary offset may be statutory authority. such payments that the debtor owes a initiated. Further, the employee will (g) Salary offset process. (1) debt, the amount of the debt, and that have been deemed to admit the Determination of disposable pay. The the Treasury entity has complied with existence and amount of the debt as office of the Deputy Chief Financial the provisions of this section. Treasury described in the notice of intent to Officer will consult with the appropriate entities must submit a properly certified offset. If the Treasury entity Treasury entity payroll office to claim to the new payment agency before representative fails to appear at an oral determine the amount of a Treasury the collection can be made. hearing, the hearing official shall Department employee’s disposable pay (2) If the employee is already proceed with the hearing as scheduled, (as defined in § 5.1 of this part) and will separated from employment and all and make his or her determination implement salary offset when requested payments due from his or her former based upon the oral testimony presented to do so by a Treasury entity, as payment agency have been made, and the documentary evidence described in paragraph (c) of this Treasury entities may request that submitted by both parties. section, or another agency, as described money due and payable to the employee (8) Burden of proof. Treasury entities in § 5.20 of this part. If the debtor is not from the Civil Service Retirement Fund will have the initial burden to prove the employed by the Treasury Department, and Disability Fund, the Federal existence and amount of the debt. the agency employing the debtor will Employee Retirement System, or other Thereafter, if the employee disputes the determine the amount of the employee’s similar funds, be administratively offset existence or amount of the debt, the disposable pay and will implement to collect the debt. Generally, Treasury employee must prove by a salary offset upon request. entities will collect such monies preponderance of the evidence that no (2) When salary offset begins. through the Treasury Offset Program as debt exists or that the amount of the Deductions shall begin within three described in § 5.9(c) of this part. (3) When an employee transfers to debt is incorrect. In addition, the official pay periods following receipt of another agency, Treasury entities should employee may present evidence that the the creditor agency’s request for offset. resume collection with the employee’s proposed terms of the repayment (3) Amount of salary offset. The new payment agency in order to schedule are unlawful, would cause a amount to be offset from each salary continue salary offset. financial hardship to the employee, or payment will be up to 15 percent of a that collection of the debt may not be debtor’s disposable pay, as follows: § 5.13 How will Treasury entities use pursued due to operation of law. (i) If the amount of the debt is equal administrative wage garnishment to collect (9) Record. The hearing official shall to or less than 15 percent of the a Treasury debt from a debtor’s wages? maintain a summary record of any disposable pay, such debt generally will (a) Treasury entities are authorized to hearing provided by this part. Witnesses be collected in one lump sum payment; collect debts from a debtor’s wages by will testify under oath or affirmation in (ii) Installment deductions will be means of administrative wage oral hearings. made over a period of no greater than garnishment in accordance with the (10) Date of decision. The hearing the anticipated period of employment. requirements of 31 U.S.C. 3720D and 31 official shall issue a written opinion An installment deduction will not CFR 285.11. This part adopts and stating his or her decision, based upon exceed 15 percent of the disposable pay incorporates all of the provisions of 31 documentary evidence and information from which the deduction is made CFR 285.11 concerning administrative developed at the hearing, as soon as unless the employee has agreed in wage garnishment, including the practicable after the hearing, but not writing to the deduction of a greater hearing procedures described in 31 CFR later than 60 days after the date on amount or the creditor agency has 285.11(f). Treasury entities may use which the request for hearing was determined that smaller deductions are administrative wage garnishment to received by the Treasury entity. If the appropriate based on the employee’s collect a delinquent Treasury debt employee requests a delay in the ability to pay. unless the debtor is making timely proceedings, the deadline for the (4) Final salary payment. After the payments under an agreement to pay the decision may be postponed by the employee has separated either debt in installments (see § 5.6 of this number of days by which the hearing voluntarily or involuntarily from the part). At least thirty (30) days prior to was postponed. When a decision is not payment agency, the payment agency initiating an administrative wage timely rendered, the Treasury entity may make a lump sum deduction garnishment, Treasury entities will send shall waive penalties applied to the debt exceeding 15 percent of disposable pay notice to the debtor in accordance with for the period beginning with the date from any final salary or other payments the requirements of § 5.4 of this part,

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including the requirements of § 5.16 When will Treasury entities refer § 5.18 How does a debtor request a special § 5.4(a)(10) of this part. For Treasury Treasury debts to the Department of review based on a change in circumstances debts referred to the Financial Justice? such as catastrophic illness, divorce, death, or disability? Management Service under § 5.9 of this (a) Compromise or suspension or (a) Material change in circumstances. part, Treasury entities may authorize the termination of collection activity. A debtor who owes a Treasury debt Financial Management Service to send a Treasury entities shall refer Treasury debts having a principal balance over may, at any time, request a special notice informing the debtor that review by the applicable Treasury entity administrative wage garnishment will $100,000, or such higher amount as authorized by the Attorney General, to of the amount of any offset, be initiated and how the debtor may the Department of Justice for approval of administrative wage garnishment, or request a hearing as described in any compromise of a debt or suspension voluntary payment, based on materially § 5.4(a)(10) of this part. If a debtor or termination of collection activity. See changed circumstances beyond the makes a timely request for a hearing, §§ 5.7 and 5.8 of this part; 31 CFR 902.1; control of the debtor such as, but not administrative wage garnishment will 31 CFR 903.1. limited to, catastrophic illness, divorce, not begin until a hearing is held and a (b) Litigation. Treasury entities shall death, or disability. decision is sent to the debtor. See 31 promptly refer to the Department of (b) Inability to pay. For purposes of CFR 285.11(f)(4). If a debtor’s hearing Justice for litigation delinquent Treasury this section, in determining whether an request is not timely, Treasury entities debts on which aggressive collection involuntary or voluntary payment may suspend collection by activity has been taken in accordance would prevent the debtor from meeting administrative wage garnishment in with this part and that should not be essential subsistence expenses (costs accordance with the provisions of 31 compromised, and on which collection incurred for food, housing, clothing, CFR 285.11(f)(5). All travel expenses activity should not be suspended or transportation, and medical care), the incurred by the debtor in connection terminated. See 31 CFR part 904. debtor shall submit a detailed statement and supporting documents for the with an in-person hearing will be borne Treasury entities may authorize the debtor, his or her spouse, and by the debtor. Financial Management Service to refer to the Department of Justice for dependents, indicating: (b) This section does not apply to (1) Income from all sources; litigation those delinquent Treasury Federal salary offset, the process by (2) Assets; debts that have been transferred to the which Treasury entities collect debts (3) Liabilities; Financial Management Service under (4) Number of dependents; from the salaries of Federal employees § 5.9 of this part. (see § 5.12 of this part). (5) Expenses for food, housing, § 5.17 Will a debtor who owes a Treasury clothing, and transportation; § 5.14 How will Treasury entities report debt be ineligible for Federal loan (6) Medical expenses; and Treasury debts to credit bureaus? assistance or Federal licenses, permits or (7) Exceptional expenses, if any. privileges? (c) Alternative payment arrangement. Treasury entities shall report If the debtor requests a special review (a) Delinquent debtors barred from delinquent Treasury debts to credit under this section, the debtor shall obtaining Federal loans or loan bureaus in accordance with the submit an alternative proposed payment insurance or guaranties. As required by provisions of 31 U.S.C. 3711(e), 31 CFR schedule and a statement to the 31 U.S.C. 3720B and 31 CFR 901.6, 901.4, and the Office of Management Treasury entity collecting the debt, with Treasury entities will not extend and Budget Circular A–129, ‘‘Policies supporting documents, showing why financial assistance in the form of a for Federal Credit Programs and Nontax the current offset, garnishment or loan, loan guarantee, or loan insurance Receivables.’’ For additional repayment schedule imposes an extreme to any person delinquent on a debt financial hardship on the debtor. The information, see Financial Management owed to a Federal agency. This Service’s ‘‘Guide to the Federal Credit Treasury entity will evaluate the prohibition does not apply to disaster statement and documentation and Bureau Program,’’ which may be found loans. Treasury entities may extend at http://www.fms.treas.gov/debt. At determine whether the current offset, credit after the delinquency has been garnishment, or repayment schedule least sixty (60) days prior to reporting a resolved. See 31 CFR 285.13 for delinquent debt to a consumer reporting imposes extreme financial hardship on standards defining when a the debtor. The Treasury entity shall agency, Treasury entities will send ‘‘delinquency’’ is ‘‘resolved’’ for notice to the debtor in accordance with notify the debtor in writing of such purposes of this prohibition. determination, including, if appropriate, the requirements of § 5.4 of this part. (b) Suspension or revocation of a revised offset, garnishment, or Treasury entities may authorize the eligibility for licenses, permits, or payment schedule. If the special review privileges. Unless prohibited by law, Financial Management Service to report results in a revised offset, garnishment, Treasury entities should suspend or to credit bureaus those delinquent or repayment schedule, the Treasury revoke licenses, permits, or other Treasury debts that have been entity will notify the appropriate agency privileges for any inexcusable or willful transferred to the Financial Management or other persons about the new terms. Service under § 5.9 of this part. failure of a debtor to pay a debt. The Treasury entity responsible for § 5.19 Will Treasury entities issue a refund § 5.15 How will Treasury entities refer distributing the licenses, permits, or if money is erroneously collected on a Treasury debts to private collection other privileges will establish policies debt? agencies? and procedures governing suspension Treasury entities shall promptly Treasury entities will transfer and revocation for delinquent debtors. If refund to a debtor any amount collected delinquent Treasury debts to the applicable, Treasury entities will advise on a Treasury debt when the debt is Financial Management Service to obtain the debtor in the notice required by § 5.4 waived or otherwise found not to be debt collection services provided by of this part of the Treasury entities’ owed to the United States, or as ability to suspend or revoke licenses, otherwise required by law. Refunds private collection agencies. See § 5.9 of permits or privileges. See § 5.4(a)(16) of under this part shall not bear interest this part. this part. unless required by law.

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Subpart C—Procedures for Offset of creditor agency with notice that the an amount up to 15% of the debtor’s Treasury Department Payments To creditor agency must comply with disposable pay. Deductions shall Collect Debts Owed to Other Federal paragraph (b) of this section before continue until the Treasury entity Agencies action will be taken to collect a debt knows that the debt is paid in full or from a payment issued by a Treasury until otherwise instructed by the § 5.20 How do other Federal agencies use entity. creditor agency. Alternatively, the the offset process to collect debts from (e) Review. A Treasury entity is not amount offset may be an amount agreed payments issued by a Treasury entity? authorized to review the merits of the upon, in writing, by the debtor and the (a) Offset of Treasury entity payments creditor agency’s determination with creditor agency. See § 5.12(g) (salary to collect debts owed to other Federal respect to the amount or validity of the offset process). agencies. (1) In most cases, Federal debt certified by the creditor agency. (c) When the debtor is no longer agencies submit eligible debts to the (f) When Treasury entities will not employed by the Treasury entity. (1) Treasury Offset Program to collect comply with offset request. A Treasury Offset of final and subsequent delinquent debts from payments issued entity will comply with the offset payments. If a Treasury entity employee by Treasury entities and other Federal request of another agency unless the retires or resigns or if his or her agencies, a process known as Treasury entity determines that the employment ends before collection of ‘‘centralized offset.’’ When centralized offset would not be in the best interests the debt is complete, the Treasury entity offset is not available or appropriate, of the United States, or would otherwise will continue to offset, under 31 U.S.C. any Federal agency may ask a Treasury be contrary to law. 3716, up to 100% of an employee’s entity (when acting as a ‘‘payment (g) Multiple debts. When two or more subsequent payments until the debt is agency’’) to collect a debt owed to such creditor agencies are seeking offsets paid or otherwise resolved. Such agency by offsetting funds payable to a from payments made to the same payments include a debtor’s final salary debtor by the Treasury entity, including person, or when two or more debts are payment, lump-sum leave payment, and salary payments issued to Treasury owed to a single creditor agency, the other payments payable to the debtor by entity employees. This section and Treasury entity that has been asked to the Treasury entity. See 31 U.S.C. 3716 § 5.21 of this subpart C apply when a offset the payments may determine the and 5 CFR 550.1104(l) and 550.1104(m). Federal agency asks a Treasury entity to order in which the debts will be (2) Notice to the creditor agency. If the offset a payment issued by the Treasury collected or whether one or more debts employee is separated from the Treasury entity to a person who owes a debt to should be collected by offset entity before the debt is paid in full, the the United States. simultaneously. (2) This subpart C does not apply to Treasury entity will certify to the (h) Priority of debts owed to Treasury creditor agency the total amount of its Treasury debts. See §§ 5.10 through 5.12 entity. For purposes of this section, of this part for offset procedures collection. If the Treasury entity is debts owed to a Treasury entity aware that the employee is entitled to applicable to Treasury debts. generally take precedence over debts (3) This subpart C does not apply to payments from the Civil Service owed to other agencies. The Treasury Retirement and Disability Fund, Federal the collection of non-Treasury debts entity that has been asked to offset the through tax refund offset. See 31 CFR Employee Retirement System, or other payments may determine whether to similar payments, the Treasury entity 285.2 for tax refund offset procedures. pay debts owed to other agencies before (b) Administrative offset (including will provide written notice to the paying a debt owed to a Treasury entity. salary offset); certification. A Treasury agency making such payments that the The Treasury entity that has been asked entity will initiate a requested offset debtor owes a debt (including the to offset the payments will determine only upon receipt of written amount) and that the provisions of 5 the order in which the debts will be certification from the creditor agency CFR 550.1109 have been fully complied collected based on the best interests of that the debtor owes the past-due, with. The creditor agency is responsible the United States. legally enforceable debt in the amount for submitting a certified claim to the stated, and that the creditor agency has § 5.21 What does a Treasury entity do agency responsible for making such fully complied with all applicable due upon receipt of a request to offset the payments before collection may begin. process and other requirements salary of a Treasury entity employee to Generally, creditor agencies will collect contained in 31 U.S.C. 3716, 5 U.S.C. collect a debt owed by the employee to such monies through the Treasury 5514, and the creditor agency’s another Federal agency? Offset Program as described in § 5.9(c) regulations, as applicable. Offsets will (a) Notice to the Treasury employee. of this part. continue until the debt is paid in full or When a Treasury entity receives proper (3) Notice to the debtor. The Treasury otherwise resolved to the satisfaction of certification of a debt owed by one of its entity will provide to the debtor a copy the creditor agency. employees, the Treasury entity will of any notices sent to the creditor (c) Where a creditor agency makes begin deductions from the employee’s agency under paragraph (c)(2) of this requests for offset. Requests for offset pay at the next officially established pay section. under this section shall be sent to the interval. The Treasury entity will send (d) When the debtor transfers to U.S. Department of the Treasury, ATTN: a written notice to the employee another Federal agency. (1) Notice to the Deputy Chief Financial Officer, 1500 indicating that a certified debt claim has creditor agency. If the debtor transfers to Pennsylvania Avenue, NW., Attention: been received from the creditor agency, another Federal agency before the debt Metropolitan Square, Room 6228, the amount of the debt claimed to be is paid in full, the Treasury entity will Washington, DC 20220. The Deputy owed by the creditor agency, the date notify the creditor agency and will Chief Financial Officer will forward the deductions from salary will begin, and certify the total amount of its collection request to the appropriate Treasury the amount of such deductions. on the debt. The Treasury entity will entity for processing in accordance with (b) Amount of deductions from provide a copy of the certification to the this subpart C. Treasury employee’s salary. The amount creditor agency. The creditor agency is (d) Incomplete certification. A deducted under § 5.20(b) of this part responsible for submitting a certified Treasury entity will return an will be the lesser of the amount of the claim to the debtor’s new employing incomplete debt certification to the debt certified by the creditor agency or agency before collection may begin.

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(2) Notice to the debtor. The Treasury for Tax Administration are delegated the (e) Be submitted to the official who denied entity will provide to the debtor a copy authority to waive, in whole or in part, a the waiver request no later than 60 days from of any notices and certifications sent to claim of the United States against an receipt by the employee of written notice of the creditor agency under paragraph employee for an erroneous payment of pay the denial of the waiver; and and allowances, travel, transportation, and (f) Attach at least the following documents: (d)(1) of this section. the employee’s original request for a waiver; (e) Request for hearing official. A relocation expenses and allowances, aggregating less than $5,000 per claim, in the bureau’s denial of the request; any Treasury entity will provide a hearing accordance with the limitations and personnel actions, e.g., promotions, official upon the creditor agency’s standards in 5 U.S.C. § 5584. demotions, step increases, etc. that relate to request with respect to a Treasury entity b. Treasury’s Deputy Chief Financial the overpayment. employee. See 5 CFR 550.1107(a). Officer is delegated the authority to waive, in (5) Forward to Treasury’s Deputy Chief whole or in part, a claim of the United States Financial Officer the appeal and supporting Appendix A to Part 5—Treasury against an employee for an erroneous documentation, the bureau’s Directive 34–01—Waiving Claims payment of pay and allowances, travel, recommendation as to why the appeal should Against Treasury Employees for transportation, and relocation expenses and be approved or denied; and a statement as to Erroneous Payments allowances, aggregating $5,000 or more per the action taken by the bureau to avoid a recurrence of the error. claim, in accordance with the limitations and Treasury Directive 34–01 (6) Pay a refund when appropriate if a standards in 5 U.S.C. § 5584. Date: July 12, 2000. waiver is granted; Sunset Review: July 12, 2004. 4. Appeals (7) Fulfill all labor relations Subject: Waiving Claims Against Treasury a. Requests for waiver of claims aggregating responsibilities when implementing this directive; and Employees for Erroneous Payments. less than $5,000 per claim which are denied (8) Fulfill any other responsibility of the in whole or in part may be appealed to the 1. Purpose agency imposed by 5 U.S.C. § 5584, or other Deputy Chief Financial Officer for the applicable laws and regulations. This Directive establishes the Department Department of the Treasury. b. Treasury’s Deputy Chief Financial of the Treasury’s policies and procedures for b. Requests for waiver of claims aggregating waiving claims by the Government against an Officer shall advise employees whose $5,000 or more per claim which are denied requests for waiver of claims aggregating employee for erroneous payments of: (1) Pay in whole or in part may be appealed to the and allowances (e.g., health and life $5,000 or more per claim are denied in whole Assistant Secretary (Management)/Chief insurance) and (2) travel, transportation, and or in part of the basis for the denial and the Financial Officer. relocation expenses and allowances. right to appeal the denial to the Assistant 5. Redelegation Secretary (Management)/Chief Financial 2. Background Officer. All such appeals shall be in the The Deputy Assistant Secretary a. 5 U.S.C. § 5584 authorizes the waiver of format and contain the information and (Administration), the heads of bureaus, the claims by the United States in whole or in documentation described in subsection Inspector General, and the Inspector General part against an employee arising out of 6.a.(4), above. The Deputy Chief Financial erroneous payments of pay and allowances, for Tax Administration may redelegate their Officer shall forward to Assistant Secretary travel, transportation, and relocation respective authority and responsibility in (Management)/Chief Financial Officer the expenses and allowances. A waiver may be writing no lower than the bureau deputy appeal and supporting documentation, his/ considered when collection of the claim chief financial officer unless authorized by her recommendation as to why the appeal would be against equity and good conscience Treasury’s Deputy Chief Financial Officer. should be approved or denied, and a and not in the best interest of the United Copies of each redelegation shall be statement obtained from the bureau from States provided that there does not exist, in submitted to the Department’s Deputy Chief which the claim arose as to the action taken connection with the claim, an indication of Financial Officer. by the bureau to avoid a recurrence of the fraud, misrepresentation, fault, or lack of 6. Responsibilities error. good faith on the part of the employee or any other person having an interest in obtaining a. The Deputy Assistant Secretary 7. Reporting Requirements a waiver of the claim. (Administration), the heads of bureaus, the a. Each bureau, the Deputy Assistant b. The General Accounting Office Act of Inspector General, and the Inspector General Secretary (Administration) for Departmental 1996 (Pub. L. 104–316), Title I, § 103(d), for Tax Administration shall: Offices, the Inspector General, and the enacted October 19, 1996, amended 5 U.S.C. (1) Promptly notify an employee upon Inspector General for Tax Administration § 5584 by transferring the authority to waive discovery of an erroneous payment to that shall maintain a register of waiver actions claims for erroneous payments exceeding employee; subject to Departmental review. The register $1,500 from the Comptroller General of the (2) Promptly act to collect the erroneous shall cover each fiscal year and be prepared United States to the Office of Management overpayment, following established debt by December 31 of each year for the and Budget (OMB). OMB subsequently collection policies and procedures; preceding fiscal year. The register shall redelegated this waiver authority to the (3) Establish time frames for employees to contain the following information: executive agency that made the erroneous request a waiver in writing and for the (1) The total amount waived by the bureau; payment. The authority to waive claims not bureau to review the waiver request. These (2) The number and dollar amount of exceeding $1,500, which was vested in the time frames must take into consideration the waiver applications granted in full; head of each agency prior to the enactment responsibilities of the United States to take (3) The number and dollar amount of of Pub. L. 104–316, was unaffected by the prompt action to pursue enforced collection waiver applications granted in part and Act. on overdue debts, which may arise from denied in part, and the dollar amount of c. 5 U.S.C. § 5514 authorizes the head of erroneous payments. each; each agency, upon a determination that an (4) Notify employees whose requests for (4) The number and dollar amount of employee is indebted to the United States for waiver of claims aggregating less than $5,000 waiver applications denied in their entirety; debts to which the United States is entitled per claim are denied in whole or in part of (5) The number of waiver applications to be repaid at the time of the determination, the basis for the denial and the right to referred to the Deputy Chief Financial Officer to deduct up to 15%, or a greater amount if appeal the denial to the Deputy Chief for initial action or for appeal; agreed to by the employee, from the Financial Officer of the Department of the (6) The dollar amount refunded as a result employee’s pay at officially established pay Treasury. All such appeals shall: of waiver action by the bureau; and intervals in order to repay the debt. (a) Be made in writing; (7) The dollar amount refunded as a result (b) Specify the basis for the appeal; of waiver action by the Deputy Chief 3. Delegation (c) Include a chronology of the events Financial Officer or the Assistant Secretary a. The Deputy Assistant Secretary surrounding the erroneous payments; (Management)/Chief Financial Officer. (Administration), the heads of bureaus, the (d) Include a statement regarding any b. Each bureau, the Deputy Assistant Inspector General, and the Inspector General mitigating factors; and Secretary (Administration) for Departmental

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Offices, the Inspector General, and the in the employee’s possession which the (c) An example of a ‘‘detrimental reliance’’ Inspector General for Tax Administration employee should have known to be material; would be a decision to sign a lease for a more shall retain a written record of each waiver or expensive apartment based chiefly or solely action for 6 years and 3 months. At a (c) The employee accepted a payment, upon reliance on an erroneous calculation of minimum, the written record shall contain: which the employee knew or should have salary, and the funds spent for rent cannot be (1) The bureau’s summary of the events known to be erroneous. recovered. surrounding the erroneous payment; (2) Every case must be examined in light (3) The cost of collecting the claim equals (2) Any written comments submitted by of its particular facts. For example, where an or exceeds the amount of the claim; employee is promoted to a higher grade but the employee from whom collection is (4) The time elapsed between the the step level for the employee’s new grade sought; erroneous payment and discovery of the error (3) An account of the waiver action taken is miscalculated, it may be appropriate to and notification of the employee; and the reasons for such action; and conclude that there is no fault on the (5) Whether failure to make restitution (4) Other pertinent information such as any employee’s part because employees are not would result in unfair gain to the employee; action taken to refund amounts repaid. typically expected to be aware of and understand the rules regarding determination (6) Whether recovery of the claim would be 8. Effect of Request for Waiver of step level upon promotion. On the other unconscionable under the circumstances. A request for a waiver of a claim shall not hand, a different conclusion as to fault d. The burden is on the employee to affect an employee’s opportunity under 5 potentially may be reached if the employee demonstrate that collection of the claim U.S.C. § 5514(a)(2)(D) for a hearing on the in question is a personnel specialist or an would be against equity and good conscience determination of the agency concerning the attorney who concentrates on personnel law. and not in the best interest of the United existence or the amount of the debt, or the b. If the deciding official finds an States. terms of the repayment schedule. A request indication of fraud, misrepresentation, fault, by an employee for a hearing under 5 U.S.C. or lack of good faith on the part of the 10. Authorities § 5514(a)(2)(D) shall not affect an employee’s employee or any other person having an a. 5 U.S.C. § 5584, ‘‘Claims for right to request a waiver of the claim. The interest in obtaining a waiver of the claim, Overpayment of Pay and Allowances, and of determination whether to waive a claim may then the request for a waiver must be denied. Travel, Transportation and Relocation be made at the discretion of the deciding c. If the deciding official finds no Expenses and Allowances.’’ official either before or after a final decision indication of fraud, misrepresentation, fault, b. 31 U.S.C. § 3711, ‘‘Collection and is rendered pursuant to 5 U.S.C. or lack of good faith on the part of the Compromise.’’ § 5514(a)(2)(D) concerning the existence or employee or any other person having an c. 31 U.S.C. § 3716, ‘‘Administrative the amount of the debt, or the terms of the interest in obtaining a waiver of the claim, Offset.’’ repayment schedule. the employee is not automatically entitled to d. 31 U.S.C. § 3717, ‘‘Interest and Penalty a waiver. Before a waiver can be granted, the 9. Guidelines for Determining Requests on Claims.’’ deciding official must also determine that e. 5 CFR Part 550, subpart K, ‘‘Collection a. A request for a waiver shall not be collection of the claim against an employee by Offset from Indebted Government granted if the deciding official determines would be against equity and good conscience Employees.’’ there exists, in connection with the claim, an and not in the best interests of the United f. 31 CFR Part 5, subpart B, ‘‘Salary Offset.’’ indication of fraud, misrepresentation, fault, States. Factors to consider when determining g. Determination with Respect to Transfer or lack of good faith on the part of the if collection of a claim against an employee of Functions Pursuant to Public Law 104– employee or any other person having an would be against equity and good conscience 316, OMB, December 17, 1996. interest in obtaining a waiver of the claim. and not in the best interests of the United There are no exceptions to this rule for States include, but are not limited to: 11. Cancellation financial hardship or otherwise. (1) Whether collection of the claim would TD 34–01, ‘‘Waiver of Claims for Erroneous (1) ‘‘Fault’’ exists if, in light of all the cause serious financial hardship to the Payments,’’ dated October 25, 1995, is circumstances, it is determined that the employee from whom collection is sought. superseded. employee knew or should have known that (2) Whether, because of the erroneous an error existed, but failed to take action to payment, the employee either has 12. Office of Primary Interest have it corrected. Fault can derive from an relinquished a valuable right or changed Office of Accounting and Internal Control. act or a failure to act. Unlike fraud, fault does positions for the worse, regardless of the not require a deliberate intent to deceive. employee’s financial circumstances. Dated: September 26, 2002. Whether an employee should have known (a) To establish that a valuable right has Lisa Ross, about an error in pay is determined from the been relinquished, it must be shown that the Acting Assistant Secretary for Management perspective of a reasonable person. Pertinent right was, in fact, valuable; that it cannot be and Chief Financial Officer. considerations in finding fault include regained; and that the action was based whether: chiefly or solely on reliance on the Edward R. Kingman, Jr., (a) The payment resulted from the overpayment. Assistant Secretary for Management and employee’s incorrect, but not fraudulent, (b) To establish that the employee’s Chief Financial Officer, Department of the statement that the employee should have position has changed for the worse, it must Treasury. known was incorrect; be shown that the decision would not have (b) The payment resulted from the been made but for the overpayment, and that [FR Doc. 02–27006 Filed 10–25–02; 8:45 am] employee’s failure to disclose material facts the decision resulted in a loss. BILLING CODE 4811–16–P

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DEPARTMENT OF THE TREASURY the text of this notice of proposed Regulatory Analyses rulemaking. 31 CFR Part 5 This proposed rule is not a significant DATES: Comments must be received on regulatory action as defined in or before November 27, 2002. RIN 1505–AA90 Executive Order 12866. It is hereby ADDRESSES: Send comments to Cathy certified that this proposed rule will not Thomas, Office of the Deputy Chief Treasury Debt Collection have a significant economic impact on Financial Officer, Department of the a substantial number of small entities. AGENCY: Department of the Treasury. Treasury, 1500 Pennsylvania Avenue, The rule will only affect persons who NW, Attention: Metropolitan Square, ACTION: Notice of proposed rulemaking owe delinquent nontax debts to the Room 6228, Washington, DC 20220. by cross-reference to interim Treasury Department and other Federal Comments also may be submitted by regulations. agencies. Accordingly, a regulatory electronic mail flexibility analysis is not required by the SUMMARY: This proposed rule proposes [email protected]. Regulatory Flexibility Act (5 U.S.C. 601 to revise Treasury’s debt collection FOR FURTHER INFORMATION CONTACT: et seq.). regulations. Elsewhere in this issue of Cathy Thomas, Office of the Deputy the Federal Register, the Department of Chief Financial Officer, at (202) 622– List of Subjects in 31 CFR Part 5 the Treasury is issuing an interim rule 0817, Department of the Treasury, 1500 Administrative practice and revising the Department of the Pennsylvania Avenue, NW, Washington, procedure, Claims, Debts, Garnishment Treasury’s debt collection regulations to DC 20220. This document is available of wages, Government employee, conform with the Debt Collection for downloading from the Department of Hearing and appeal procedures, Pay Improvement Act of 1996, the revised the Treasury’s Financial Management administration, Salaries, Wages. Federal Claims Collection Standards, Service web site at the following and other laws applicable to the address:http://www.fms.treas.gov. Dated: September 26, 2002. collection of nontax debts owed to SUPPLEMENTARY INFORMATION: The Edward R. Kingman, Jr., Treasury. The interim rule revises interim rule in this issue of the Federal Assistant Secretary for Management and Treasury’s regulations governing the Register revises 31 CFR part 5. For the Chief Financial Officer, Department of the offset of Treasury-issued payments to text of the interim rule, see Treasury Treasury. collect debts owed to other Federal Debt Collection, published elsewhere in [FR Doc. 02–27007 Filed 10–25–02; 8:45 am] agencies. The interim rule also serves as this issue of the Federal Register. BILLING CODE 4811–16–P

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Part IV

Department of Transportation Federal Aviation Administration

14 CFR Part 61 Picture Identification Requirements; Final Rule

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DEPARTMENT OF TRANSPORTATION you send us two copies of written jurisdiction, including interpretation comments. and application of the law to specific Federal Aviation Administration All comments received will be filed in sets of facts supplied by a small entity. the docket. The FAA will develop a If your organization is a small entity 14 CFR Part 61 report that summarizes each substantive and you have a question, contact your public contact with the FAA personnel local FAA official. If you don’t know [Docket No. FAA–2002–11666; Amendment how to contact your local FAA official, No. 61–107] concerning this rulemaking. The docket is available for public inspection before you may contact the Program Analyst RIN 2120–AH76 and after the comment closing date. If Staff, Office of Rulemaking, ARM–27, you wish to review the docket in Federal Aviation Administration, 800 Picture Identification Requirements person, go to the address in the Independence Avenue, SW., ADDRESSES section of this preamble Washington, DC 20591, telephone (888) AGENCY: Federal Aviation 551–1594. Internet users can find Administration, DOT. between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal additional information on SBREFA on ACTION: Final rule; request for holidays. You may also review the the FAA’s web page at www.faa.gov and comments. docket using the Internet at the web may send electronic inquiries to the following internet address: 9-AWA- SUMMARY: This rule revises the pilot address in the ADDRESSES section. [email protected]. certificate requirements to require a We will consider all comments we person to carry a photo identification receive on or before the closing date for Background comments. We may change this rule acceptable to the Administrator when The Aviation and Transportation exercising the privileges of a pilot based on the comments we receive. If you want the FAA to acknowledge Security Act (ATSA), Public Law 107– certificate. Additionally, this final rule receipt of your comments, include with 71, enacted on November 19, 2001, requires a pilot certificate holder to your comments a pre-addressed, requires the Under Secretary of present a photo identification when stamped postcard that identifies the Transportation for Security (‘‘Under requested by the Administrator, an docket number. We will stamp the date Secretary’’) to consider a requirement authorized representative of the on the postcard and mail it to you. for a photo identification pilot National Transportation Safety Board certificate. In relevant part, § 109(a) of (NTSB) or Transportation Security Availability of Rulemaking Documents ASTA provides that the Under Secretary Administration (TSA), or a law You can get an electronic copy using in consultation with the Administrator enforcement officer. These measures the Internet by taking the following of the Federal Aviation Administration, address security concerns regarding the steps: may ‘‘consider whether to require all identification of pilots. (1) Go to the search function of the pilot licenses to incorporate a DATES: This final rule is effective Department of Transportation’s photograph of the license holder and October 28, 2002. You may send your electronic Docket Management System appropriate bio-metric imprints.’’ The comments to reach us on or before (DMS) Web page (http://dms.dot.gov/ Under Secretary is required to report November 27, 2002. search). annually to Congress on the progress in ADDRESSES: Mail or hand deliver your (2) On the search page type in the last evaluating and taking such actions. comments to Docket Management five digits of the Docket number of this In addition, § 129 of ATSA amends 49 System, Attention: Docket No. FAA– notice (10910). Click on ‘‘search.’’ U.S.C. 44703(g), by adding the phrase 2002–11666, U.S. Department of (3) On the next page, which contains ‘‘combating acts of terrorism’’ as an Transportation, 400 Seventh Street, SW the Docket summary information for the additional purpose for revising the FAA (Nassif Building), Room 401, Plaza Docket you selected, click on the airman certification system. The FAA Level, Washington, DC 20590–0001. document number for the item you wish now must consider terrorism as a factor Send electronic comments to: http:// to view. in addition to the needs of pilots and dms.dot.gov. You can also get an electronic copy officials responsible for enforcing drug- using the Internet through the Office of related laws when making modifications FOR FURTHER INFORMATION CONTACT: John Rulemaking’s Web page at http:// to the airman certification system. D. Lynch, Certification Branch, AFS– www.faa.gov/avr/armhome.htm or the Congress first mandated modification 840, General Aviation and Commercial Federal Register’s Web page at http:// of the airman certification system in the Division, Flight Standards Service, www.access.gpo.gov/su_docs/aces/ Federal Aviation Administration Drug Federal Aviation Administration, 800 aces140.html. Enforcement Assistance Act of 1988 Independence Avenue SW., You can also get a copy by submitting (DEA Act) (Subtitle E of the Anti-Drug Washington, DC 20591; Telephone No. a request to the Federal Aviation Abuse Act of 1988 (Pub. L. 100–690)) (202) 267–3844. Administration, Office of Rulemaking, with the objective of assuring positive SUPPLEMENTARY INFORMATION: ARM–1, 800 Independence Avenue and verifiable identification of each person applying for or holding a pilot Comments Invited SW., Washington, DC 20591, or by calling (202) 267–9680. Make sure to certificate. The DEA Act was intended The FAA invites interested persons to identify the amendment number or to assist Federal, State, and local participate in this rulemaking by docket number of this rulemaking. agencies involved in the enforcement of submitting written comments, data, or the nation’s drug laws. In response to views. We also invite comments relating Small Entity Inquiries the DEA Act, the FAA issued a Notice to the economic, environmental, energy, The Small Business Regulatory of Proposed Rulemaking on March 12, federalism, or security impacts that Enforcement Fairness Act of 1996 1990 (55 FR 9270). The proposed rule might result from this rule. The most (SBREFA) requires the FAA to report would have required a two part pilot helpful comments reference a specific inquiries from small entities concerning certificate; part A was an Airman portion of the rule, explain the reason information on, and advice about, Identity Card and part B would include for any recommended change, and compliance with statutes and all ratings and limitations. This new include supporting data. We ask that regulations within the FAA’s certificate would be issued to private,

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commercial, and airline transport pilots. identification would be met by its address on a pilot certificate is not As proposed, the Airman Identity Card recommended rule changes, and that its updated when a pilot moves. Moreover, portion of the pilot certificate would be approach would be far less costly and an improved pilot certificate could non-forgeable and contain a photograph quicker to implement than would any include a variety of security of the pilot, his or her signature, significant modification to the airman enhancements in addition to simply address, and identification number. In certification system. The AOPA notes having a photograph of the holder on addition, the certificates would be that all fifty States and the District of the certificate. machine-readable by equipment in use Columbia issue a photo identification This rule adopts the core of the by the United States Customs Service, driver’s license, and that currently AOPA’s recommendations for pilot and have a variety of other security candidates for a pilot certificate identification requirements. The FAA features. The FAA’s proposed rule to examination are required to present will continue to work in conjunction modify the airman certification system photo identification. Thus, the with the TSA to determine what further has not been issued as a final rule by the requirement to present a photo actions need to be taken to improve FAA. identification acceptable to the airman certification process. The FAA Administrator could be met with a Petition From the Aircraft Owners and considers the AOPA’s recommendations driver’s license, at no cost to pilots or Pilots Association to be an expeditious and cost effective the government. Precisely because of the measure that will provide additional By letter, dated February 21, 2002, very minimal burden of the security through enhanced Mr. Philip Boyer, President, Aircraft recommended changes, the AOPA identification of pilots exercising the Owners and Pilots Association (AOPA), believes that its recommendation should privileges of their certificate. Requiring 421 Aviation Way, Frederick, MD be implemented through a direct final pilots to carry photographic 21701, petitioned the FAA to revise 14 rule, and suggests that the FAA find identification with a pilot certificate CFR 61.3(a) and (l) to require a pilot to notice and comment to be impractical, will be cost effective because most carry, and present for appropriate unnecessary, or contrary to the public inspection, a form of photo interest. pilots already carry an identification identification acceptable to the acceptable to the Administrator, such as Administrator of the Federal Aviation The FAA’s Acceptance of the Petition a driver’s license, and the cost of Administration. Specifically, the AOPA By letter dated March 27, 2002, the obtaining a government issued photo requested that 14 CFR 61.3(a) be FAA responded to the AOPA petition by identification is minimal. The TSA amended to provide that a person may stating that the proposal ‘‘provides a recognizes the ongoing security not act as a pilot of a civil aircraft of positive short-term measure to enhance concerns regarding the use of an aircraft U.S. registry unless that person has a security throughout the general aviation to conduct terrorist acts within the form of photo identification acceptable community.’’ While the AOPA’s United States. Therefore, TSA has to the Administrator in that person’s recommendations are a good interim requested that the FAA issue a final physical possession or readily measure, neither the FAA nor the rule, without prior notice and public accessible in the aircraft while Transportation Security Administration comment, effective upon publication, exercising the privileges of a pilot has concluded that these measures adopting the AOPA petition to require certificate or special purpose pilot address fully the concerns reflected in that pilots properly identify themselves. authorization. The AOPA also suggested the DEA Act or ATSA. Although The TSA believes this action is 14 CFR 61.3(l) be amended to provide requiring a pilot to carry an acceptable necessary to prevent further terrorist that each person required to have a form photo identification will provide more acts which may result in grave hazards of photo identification by 14 CFR security than not requiring an to aircraft, persons, and property within 61.3(a) be required to present it for identification, the overlap of key the United States. inspection upon request from the information between the pilot certificate The Rule Change Administrator or any Federal, State, or and the required photo identification local law enforcement officer. will be limited and potentially The chart below is a brief summary of In its petition, the AOPA expressed inconsistent. For example, it is quite the regulatory changes contained in this the view that the intent of the DEA Act likely the addresses on the two final rule. The list is followed by a more and ATSA provisions on pilot documents will not match, because the detailed discussion of the rule.

Final rule No. Part 61 Sec. No./Para. No. Summary of the rule

1 ...... § 61.3(a) ...... Each person must carry a photo identification acceptable to the Administrator when exercising the privileges of a pilot certificate. 2 ...... § 61.3(l) ...... Each person must present such photo identification when requested to do so by the Administrator, an authorized representative of the NTSB or the TSA, or a law en- forcement officer.

(1) 14 CFR 61.3(a) is amended to by a State, the District of Columbia, or operator that provides unescorted access require each person to carry a photo a territory or possession of the United to a security identification display area identification when exercising the States. It may also be a government at an airport regulated under 49 CFR privileges of a pilot certificate. identification card issued by the Federal part 1542 is acceptable. The rule also The FAA revises 14 CFR 61.3(a) to government or a State, the District of permits other forms of photo require each person to carry a photo Columbia, or a territory or possession of identification that the Administrator identification when exercising the the United States, a military finds acceptable. privileges of a pilot certificate. The identification card, or a passport. Under (2) 14 CFR 61.3(l) is revised to require photo identification in most instances this rule, a credential with a photo a person to present a photo likely will be a driver’s license issued issued by an air carrier or airport identification when requested to do so

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by the Administrator, an authorized rulemaking and increase the public’s determined that this rule is consistent representative from the NTSB or the exposure to the risk of another terrorist with the objectives of Executive Order TSA, or a law enforcement officer. act unnecessarily. FAA asks for 12866. The FAA revises 14 CFR 61.3(l) so as comment with publication of this rule, Regulatory Flexibility Determination to require a person to present a photo and will consider all comments received identification when requested to do so during the comment period. If changes The Regulatory Flexibility Act of 1980 by the Administrator, an authorized to the rule are necessary to address (RFA) establishes ‘‘as a principle of representative of the NTSB or the TSA, aviation security more effectively, or in regulatory issuance that agencies shall or a law enforcement officer. A request a less burdensome but equally effective endeavor, consistent with the objective from the Administrator for a person to manner, FAA will make such changes. of the rule and of applicable statutes, to present a photo identification includes The FAA finds that that the fit regulatory and informational a request from any FAA Aviation Safety circumstances described herein warrant requirements to the scale of the Inspector or designated examiner. A immediate action, and finds that notice business, organizations, and request from an authorized and public comment under 5 U.S.C. governmental jurisdictions subject to representative of the NTSB for a person 553(b) are impracticable and contrary to regulation.’’ To achieve that principle, to present a photo identification the public interest. the Act requires agencies to solicit and includes a request from an Accident Economic Evaluation consider flexible regulatory proposals Investigator of the NTSB. A request from and to explain the rationale for their Changes to Federal regulations must a law enforcement officer for a person actions. The Act covers a wide range of undergo several economic analyses. to present a photo identification small entities, including small First, Executive Order 12866, Regulatory includes a request from any city, businesses, not-for-profit organizations municipality, county, parish, borough, Planning and Review, directs that each and small governmental jurisdictions. State, or Federal law enforcement Federal agency propose or adopt a officer. regulation only upon a reasoned Agencies must perform a review to determination that the benefits of the determine whether a proposed or final Justification for Immediate Adoption intended regulation justify its costs. rule will have a significant economic This action is being taken without Second, the Regulatory Flexibility Act impact on a substantial number of small providing the opportunity for prior of 1980 requires agencies to analyze the entities. If the determination is that it notice and public comment. The TSA economic impact of regulatory changes will, the agency must prepare a requests immediate adoption of this rule on small entities. Third, the Trade regulatory flexibility analysis as to require pilots to carry and present Agreements Act (19 U.S.C. 2531–2533) described in the Act. identification and the FAA finds this prohibits agencies from setting However, if an agency determines that action is necessary to assist in standards that create unnecessary a proposed or final rule is not expected preventing hazards to aircraft, persons, obstacles to the foreign commerce of the to have a significant economic impact and property within the United States. United States. In developing U.S. on a substantial number of small The TSA, in consultation with the standards, this Trade Act requires entities, section 605(b) of the RFA security agencies of the Executive agencies to consider international provides that the head of the agency Branch, monitors threats to aviation standards and, where appropriate, that may so certify and a regulatory security on a constant basis. The TSA they be the basis of U.S. standards. flexibility analysis is not required. The has issued other regulatory documents Fourth, the Unfunded Mandates Reform certification must include a statement that became effective immediately in Act of 1995 requires agencies to prepare providing the factual basis for this order to minimize security threats and a written assessment of the costs, determination, and the reasoning should potential security vulnerabilities to the benefits, and other effects of proposed be clear. fullest extent possible, and the FAA or final rules that include a Federal issues this rule without prior notice and mandate likely to result in the This final action imposes no costs on public comment for the same reason. expenditure by State, local, or tribal any small entities subject to this rule. The FAA, TSA, and other federal governments, in the aggregate, or by the Consequently, the FAA certifies that security agencies have been concerned private sector, of $100 million or more, this rule will not have a significant about the potential misuse of an aircraft in any one year (adjusted for inflation). economic impact on a substantial to carry out terrorist acts in the United The Department of Transportation number of small entities. The FAA States since September 11, and the TSA Order DOT 2100.5 prescribes policies solicits comments on this certification. and FAA now believe it is necessary to and procedures for simplification, International Trade Impact Analysis require pilots to carry and present analysis, and review of regulations. This picture identification to help minimize rule is considered significant under that The Trade Agreement Act of 1979 the threat of such acts. Order. If we determine that the expected prohibits Federal agencies from The FAA finds that prior notice and impact is so minimal that the regulation engaging in any standards or related public comment are impracticable and does not warrant a full evaluation, we activities that create unnecessary contrary to the public interest, pursuant include a statement to that effect and obstacles to the foreign commerce of the to section 553 of the Administrative the basis for it in the preamble. The United States. Legitimate domestic Procedure Act (APA). Section 553(b)(B) FAA has determined that the expected objectives, such as safety, aren’t of the APA permits an agency to forego economic impact of this rule is so considered unnecessary obstacles. The notice and comment rulemaking when minimal that it does not warrant a full statute also requires consideration of ‘‘the agency for good cause finds * * * regulatory evaluation. This action international standards and where that notice and public procedures imposes no costs on pilots subject to appropriate, that they be the basis for thereon are impracticable, unnecessary this rule because most persons already U.S. standards. The FAA accordingly or contrary to the public interest.’’ The have some form of photo identification. has assessed the potential effect of this use of notice and comment prior to It does, however, provide unquantifiable rule to be minimal and therefore has issuance of this rule would delay the security benefits by helping establish determined that this rule will not result potential security benefit of this the identity of pilots. The FAA also has in an impact on international trade.

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Unfunded Mandates Reform Act have determined that there are no capacity as a required pilot flight Title II of the Unfunded Mandates requirements for information collection crewmember of a civil aircraft of U.S. Reform Act of 1995 (the Act) requires associated with this rule. registry, unless that person— each Federal agency, to the extent Environmental Analysis (1) Has a valid pilot certificate or permitted by law, to prepare a written special purpose pilot authorization FAA Order No. 1050.1D defines FAA assessment of the effects of any Federal issued under this part in that person’s actions that may be categorically mandate in a proposed or final agency physical possession or readily excluded from preparation of a National rule that may result in the expenditure accessible in the aircraft when Environmental Policy Act (NEPA) by State, local, and tribal governments, exercising the privileges of that pilot environmental assessment or in the aggregate, or by the private sector, certificate or authorization. However, environmental impact statement. In of $100 million or more (adjusted when the aircraft is operated within a accordance with FAA Order No. annually for inflation) in any one year. 1050.1D, Appendix 4, paragraph 4(j), foreign country, a current pilot license The Act requires the Federal agency to regulations, standards, and exemptions issued by the country in which the develop an effective process to permit (excluding those that may cause a aircraft is operated may be used; and timely input by elected officers (or their significant impact on the human (2) Has a photo identification that is designees) of State, local and tribal environment if implemented) qualify for in that person’s physical possession or governments on a proposed ‘‘significant a categorical exclusion. The FAA has readily accessible in the aircraft when intergovernmental mandate.’’ Under the determined that this rule qualifies for a exercising the privileges of that pilot Act, a ‘‘significant intergovernmental categorical exclusion because no certificate or authorization. The photo mandate’’ is any provision in a Federal significant impacts to the environment identification must be a: agency regulation that would impose an are expected to result from its enforceable duty upon State, local, and (i) Valid driver’s license issued by a implementation. tribal governments, in the aggregate, of State, the District of Columbia, or $100 million (adjusted annually for Energy Impact territory or possession of the United States; inflation) in any one year. Section 203 We assessed the energy impact of this of the Act, 2 U.S.C. 1533, which rule in accordance with the Energy (ii) Government identification card supplements section 204(a), provides Policy and Conservation Act (EPCA) issued by the Federal government, a that before establishing any regulatory and Public Law 94–163, as amended (42 State, the District of Columbia, or a requirements that might significantly or U.S.C. 6362). We have determined that territory or possession of the United uniquely affect small governments, the this rule is not a major regulatory action States; agency shall have developed a plan that, under the provisions of the EPCA. (iii) U.S. Armed Forces’ identification among other things, provides for notice card; to potentially affected small List of Subjects in 14 CFR Part 61 (iv) Official passport; governments, if any, and for a Aircraft, Airmen, Aviation safety, and meaningful and timely opportunity to Reporting and recordkeeping (v) Credential that authorizes provide input in the development of requirements. unescorted access to a security regulatory proposals. identification display area at an airport This rule does not contain such a The Amendment regulated under 49 CFR part 1542; or mandate. The requirements of Title II of For the reasons stated in the (vi) Other form of identification that the Act, therefore, do not apply. preamble, the Federal Aviation the Administrator finds acceptable. Executive Order 13132, Federalism Administration amends part 61 of Title * * * * * 14 of the Code of Federal Regulations as (l) Inspection of certificate. Each The FAA has analyzed this rule under follows: the principles and criteria of Executive person who holds an airman certificate, Order 13132, Federalism. We PART 61—CERTIFICATION: PILOTS medical certificate, authorization, or determined that this rule would not AND FLIGHT INSTRUCTORS license required by this part must have a substantial direct effect on the present it and their photo identification States, or the relationship between the 1. The authority citation for part 61 as described in paragraph (a)(2) of this national Government and the States, or continues to read as follows: section for inspection upon a request on the distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701– from: responsibilities among the various 44703, 44707, 44709–44711, 45102–45103, * * * * * 45301–45302. levels of government. We determined (4) An authorized representative of that this rule, therefore, would not have 2. Amend § 61.3 by revising paragraph the Transportation Security federalism implications. (a) and the introductory text of Administration. Paperwork Reduction Act paragraph (l) and by adding paragraph Issued in Washington, DC, on October 23, (l)(4) to read as follows: The Paperwork Reduction Act of 1995 2002. (44 U.S.C. 3507(d)) requires that the § 61.3 Requirement for certificates, Marion C. Blakey, FAA consider the impact of paperwork ratings, and authorizations. Administrator. and other information collection (a) Pilot certificate. A person may not [FR Doc. 02–27411 Filed 10–23–02; 4:10 pm] burdens imposed on the public. We act as pilot in command or in any other BILLING CODE 4910–13–P

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Part V

Department of Housing and Urban Development 24 CFR Part 982 Housing Choice Voucher Program Homeownership Option: Eligibility of Units Owned or Controlled by a Public Housing Agency; Final Rule

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DEPARTMENT OF HOUSING AND or speech-impaired individuals may may not steer, direct, or require families URBAN DEVELOPMENT access this number via TTY by calling to purchase PHA-owned properties. the toll-free Federal Information Relay Except for the purchase of PHA- 24 CFR Part 982 Service at 1–800–877–8339. owned units, the homeownership [Docket No. FR–4759–I–01] SUPPLEMENTARY INFORMATION: option regulations do not require the PHA to consider the reasonability of the RIN 2577–AC39 I. Background sales price. In addition, although a PHA Under the ‘‘homeownership option’’ may establish requirements governing Housing Choice Voucher Program of the Housing Choice Voucher terms and types of financing, it is not Homeownership Option: Eligibility of Program, a public housing agency (PHA) required to do so (see § 982.632). Units Owned or Controlled by a Public may choose to provide monthly tenant- Therefore, the requirement that the Housing Agency based assistance to an eligible family independent entity review the AGENCY: Office of the Assistant that purchases a dwelling unit that will reasonableness of the sales price and Secretary for Public and Indian be occupied by the family. The any PHA provided financing for PHA- Housing, HUD. regulatory requirements governing the owned units goes beyond what is ACTION: Interim rule. homeownership option are located in otherwise required, but HUD believes a subpart M of HUD’s regulations for the third party review of these two areas is SUMMARY: This interim rule provides Housing Choice Voucher Program at 24 helpful to protect the purchasing family that units owned or substantially CFR part 982. Subpart M describes where the seller is also the controlled by a public housing agency program requirements for special administering PHA. (PHA) are eligible for purchase under housing types, where assistance is II. Justification for Interim Rulemaking the Housing Choice Voucher Program provided with voucher program funds homeownership option. The inclusion under the consolidated annual HUD generally publishes a rule for of PHA-owned or controlled properties contributions contract. public comment before issuing a rule for among properties eligible for purchase This interim rule provides that effect, in accordance with its own under the homeownership option will properties owned or substantially regulations on rulemaking in 24 CFR expand the availability of housing and controlled by a PHA are eligible for part 10. However, part 10 provides for affordable homeownership purchase under the homeownership exceptions to the general rule if the opportunities for voucher families option. The current homeownership agency finds good cause to omit participating in the homeownership option regulations are unclear regarding advanced notice and public option. The interim rule also establishes the eligibility of PHA-owned units. This participation. The good cause procedures to remove potential conflicts interim rule amends § 982.628 of the requirement is satisfied when prior of interest where the PHA is the seller. homeownership option regulations, public procedure is ‘‘impractical, Specifically, the interim rule provides which concerns the eligibility of units, unnecessary, or contrary to the public that an independent entity must to specify that a PHA may provide interest’’ (see 24 CFR 10.1). For the perform certain administrative duties homeownership assistance for the following reasons, HUD has determined for which the PHA would normally be purchase of a PHA-owned unit. The that it would be contrary to the public responsible. These provisions are inclusion of PHA-owned units in the interest to delay the effectiveness of this modeled on the requirements for PHA- universe of eligible units will expand rule in order to solicit prior public owned units in the voucher rental the availability of housing and comments. program. affordable homeownership The interim rule eliminates ambiguity opportunities for voucher families in HUD’s homeownership option DATES: Effective Date: November 27, regulations by clarifying that PHA- 2002. participating in the homeownership owned units are eligible for purchase Comments Due Date: December 27, option. with voucher homeownership 2002. New § 982.628(c) provides that PHA- owned units are eligible for purchase assistance. Clarifying that PHA-owned ADDRESSES: Interested persons are through the homeownership option, but units are eligible for purchase under the invited to submit comments regarding provides that an independent entity homeownership option will expand the this interim rule to the Office of the must perform certain administrative availability of housing and affordable Rules Docket Clerk, Office of General duties for which the PHA would homeownership opportunities for Counsel, Room 10276, Department of normally be responsible. The voucher families participating in the Housing and Urban Development, 451 independent entity must review the program. Delaying the effectiveness of Seventh Street, SW., Washington, DC contract of sale, conduct the initial this rule to solicit prior public comment 20410–0500. Communications should housing quality standards (HQS) would perpetuate the current ambiguity refer to the above docket number and inspection, and review the independent of the regulations, and might prevent title. Facsimile (FAX) comments are not inspection report. In addition, the families from purchasing PHA-owned acceptable. A copy of each independent entity must determine the units. communication submitted will be reasonableness of the sales price and Although the interim rule also available for inspection and copying any PHA provided financing. establishes new requirements for such between 7:30 a.m. and 5:30 p.m. at the The reviews performed by the sales, these procedures are necessary to above address. independent entity shall be conducted eliminate potential program abuses FOR FURTHER INFORMATION CONTACT: in accordance with the homeownership where the PHA is also the seller. Gerald J. Benoit, Office of Public and option regulations. The independent Further, these procedures are closely Indian Housing, Department of Housing entity must be selected by the PHA and modeled on the existing requirements and Urban Development, Room 4210, approved by HUD in accordance with for PHA-owned units under the rental 451 Seventh Street, SW., Washington, existing procedures under the tenant- voucher program. Accordingly, these DC 20410; telephone (202) 708–0477. based assistance program at requirements are familiar to PHAs and (This is not a toll-free number.) Hearing- § 982.352(b)(iv)(B) and (C). The PHA voucher families, and should not raise

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any novel issues or impose undue of section 6 of the Executive Order. This PART 982—SECTION 8 TENANT administrative burdens on PHAs. rule is exclusively concerned with BASED ASSISTANCE: HOUSING Although HUD believes that good homeownership voucher assistance. CHOICE VOUCHER PROGRAM cause exists to publish this rule for This proposed rule does not have effect without prior public comment, federalism implications and does not 1. The authority citation for 24 CFR HUD recognizes the value of public impose substantial direct compliance part 982 continues to read as follows: comment in the development of its costs on State and local governments or Authority: 42 U.S.C. 1437f and 3535(d). regulations. HUD has, therefore, issued preempt State law within the meaning these regulations on an interim basis of the Executive Order. 2. Add § 982.628(c) to read as follows: and has provided the public with a 60- day comment period. HUD welcomes Impact on Small Entities § 982.628 Homeownership option: Eligible comments on the regulatory The Secretary, in accordance with the units. amendments made by this interim rule. Regulatory Flexibility Act (5 U.S.C. * * * * * The public comments will be addressed 605(b)) (RFA), has reviewed and (c) PHA-owned units. in the final rule. approved this interim rule and in so Homeownership assistance may be doing certifies that this rule will not III. Findings and Certifications provided for the purchase of a unit that have a significant economic impact on is owned by the PHA that administers Environmental Impact a substantial number of small entities. the assistance under the consolidated A Finding of No Significant Impact The reasons for HUD’s determination ACC (including a unit owned by an with respect to the environment has are as follows: entity substantially controlled by the been made in accordance with HUD (1) A Substantial Number of Small PHA), only if all of the following regulations at 24 CFR part 50, which Entities Will Not be Affected. The conditions are satisfied: interim rule is exclusively concerned implement section 102(2)(C) of the (1) The PHA must inform the family, with public housing agencies that National Environmental Policy Act of both orally and in writing, that the administer tenant-based housing 1969 (42 U.S.C. 4332). That Finding family has the right to purchase any assistance under section 8 of the United remains applicable to this interim rule eligible unit and a PHA-owned unit is States Housing Act of 1937. Under the and is available for public inspection freely selected by the family without definition of ‘‘small governmental between the hours of 7:30 a.m. and 5:30 PHA pressure or steering; p.m. weekdays in the Office of the Rules jurisdiction’’ in section 601(5) of the (2) The unit is not ineligible housing; Docket Clerk, Office of General Counsel, RFA, the provisions of the RFA are Room 10276, Department of Housing applicable only to those few PHAs that (3) The PHA must obtain the services and Urban Development, 451 Seventh are part of a political jurisdiction with of an independent agency, in Street, SW., Washington, DC 20410– a population of under 50,000 persons. accordance with § 982.352(b)(1)(iv)(B) 0500. The number of entities potentially and (C), to perform the following PHA affected by this rule is therefore not functions: Unfunded Mandates Reform Act substantial. (i) Inspection of the unit for Title II of the Unfunded Mandates (2) No Significant Economic Impact. compliance with the HQS, in Reform Act of 1995 (2 U.S.C. 1531– The interim rule does not change the accordance with § 982.631(a); 1538) establishes requirements for amount of funding available under the (ii) Review of the independent Federal agencies to assess the effects of Housing Choice Voucher Program. inspection report, in accordance with their regulatory actions on State, local, Accordingly, the economic impact of § 982.631(b)(4); and tribal governments and the private this rule will not be significant, and it sector. This rule does not impose any will not affect a substantial number of (iii) Review of the contract of sale, in Federal mandates on any State, local, or small entities. accordance with § 982.631(c); and tribal governments or the private sector (iv) Determination of the Catalog of Domestic Assistance Number within the meaning of the Unfunded reasonableness of the sales price and Mandates Reform Act of 1995. The Catalog of Domestic Assistance any PHA provided financing, in Number for the Housing Choice accordance with § 982.632 and other Executive Order 13132, Federalism Voucher Program is 14.871. supplementary guidance established by Executive Order 13132 (Federalism) List of Subjects in 24 CFR Part 982 HUD. prohibits an agency from publishing any * * * * * rule that has federalism implications if Grant programs—housing and the rule either imposes substantial community development, Housing, Rent Dated: September 3, 2002. direct compliance costs on State and subsidies, Reporting and recordkeeping Michael M. Liu, local governments and is not required requirements. Assistant Secretary for Public and Indian by statute, or the rule preempts State Accordingly, for the reasons described Housing. law, unless the agency meets the in the preamble, HUD amends 24 CFR [FR Doc. 02–27310 Filed 10–25–02; 8:45 am] consultation and funding requirements part 982 as follows: BILLING CODE 4210–33–P

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Part VI

The President Proclamation 7614—United Nations Day, 2002

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Federal Register Presidential Documents Vol. 67, No. 208

Monday, October 28, 2002

Title 3— Proclamation 7614 of October 23, 2002

The President United Nations Day, 2002

By the President of the United States of America

A Proclamation The United Nations was founded 57 years ago to improve our global commu- nity by strengthening the ties among member nations through improved communication, expanded understanding, and enhanced security. On United Nations Day, America joins the world in commemorating the founding of this important international organization and recognizing the profound im- pact it has had on our world and the role that it continues to play. Since October 24, 1945, the United Nations Organization has grown to include 191 member states. Through its relief agencies, the U.N. aids and protects millions of refugees and displaced persons worldwide. For example, in 2001, the United Nations World Food Program provided aid to 77 million people in 82 countries and helped to avert a severe famine that threatened Afghanistan. The U.N. also seeks to improve living conditions around the globe by immunizing children, providing safe drinking water, and fighting disease. The United States remains committed to helping the U.N. to advance human rights, healthcare, security, and education throughout the world; and we will continue to meet these and other commitments as we rejoin the United Nations Educational, Scientific, and Cultural Organization. Our country con- tinues to work with the U.N. in supplying aid for nations and peoples in need or distress, and in providing medical care and other essentials through U.N. agencies such as UNICEF. As our world faces new challenges and opportunities, the efforts of the United Nations take on a renewed significance. The United States recognizes the U.N. for its efforts to support and strengthen the international coalition against global terror. And we hope the United Nations will fulfill its role in addressing the threats posed to the civilized world, particularly the threat now posed by Iraq. As a founding member of the U.N., the United States reaffirms our dedication to this vital organization and our hope that it will continue to fulfill the vision of its founders. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 24, 2002, as United Nations Day. I call upon the people of the United States to observe this day with appropriate programs and activities.

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

[FR Doc. 02–27547 Filed 10–25–02; 8:45 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 67, No. 208 Monday, October 28, 2002

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 868...... 62313 Executive orders and proclamations 741–6000 905...... 62313 Proclamations: The United States Government Manual 741–6000 906...... 62318 7598...... 62161 920...... 62320 Other Services 7599...... 62165 996...... 63503 Electronic and on-line services (voice) 741–6020 7600...... 62167 997...... 63503 Privacy Act Compilation 741–6064 7601...... 62169 998...... 63503 Public Laws Update Service (numbers, dates, etc.) 741–6043 7602...... 62863 999...... 63503 TTY for the deaf-and-hard-of-hearing 741–6086 7603...... 62865 1260...... 61762 7604...... 62867 1400...... 61468 ELECTRONIC RESEARCH 7605...... 63527 1405...... 64748 7606...... 63811 1412...... 61470, 64748 World Wide Web 7607...... 64025 1421...... 63506 Full text of the daily Federal Register, CFR and other publications 7608...... 64027 1425...... 64454 is located at: http://www.access.gpo.gov/nara 7609...... 64029 1427...... 64454 7610...... 64031 1430...... 64454 Federal Register information and research tools, including Public 7611...... 64787 1434...... 64454 Inspection List, indexes, and links to GPO Access are located at: 7612...... 65281 1435...... 65690 http://www.archives.gov/federallregister/ 7613...... 65283 1436...... 65690 E-mail 7614...... 65869 1437...... 62323 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Executive Orders: 1470...... 63242 an open e-mail service that provides subscribers with a digital 12978 (See Notice of 1942...... 63019, 63536 4284...... 63537 form of the Federal Register Table of Contents. The digital form October 16, 2002)...... 64307 of the Federal Register Table of Contents includes HTML and 13275...... 62869 Proposed Rules: PDF links to the full text of each document. Administrative Orders: 97...... 61545 Memorandums: 300...... 61547 To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of 319...... 61547 Online mailing list archives, FEDREGTOC-L, Join or leave the list October 1, 2002 ...... 62163 400...... 65732 (or change settings); then follow the instructions. Memorandum of 407...... 65732 PENS (Public Law Electronic Notification Service) is an e-mail October 16, 2002 ...... 64515 457...... 65732 service that notifies subscribers of recently enacted laws. Notices: 800...... 65048 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html Notice of October 16, 993...... 63568, 65732 and select Join or leave the list (or change settings); then follow 2002 ...... 64307 1400...... 65738 the instructions. Presidential Determinations: 1424...... 61565 No. 2002-32 of 1710...... 62652 FEDREGTOC-L and PENS are mailing lists only. We cannot 1721...... 62652 respond to specific inquiries. September 30, 2002 ...... 62311 8 CFR Reference questions. Send questions and comments about the No. 2003-02 of Federal Register system to: [email protected] October 16, 2002 ...... 65469 103...... 61474 The Federal Register staff cannot interpret specific documents or No. 2003-03 of 214...... 61474 regulations. October 16, 2002 ...... 65471 217...... 63246 Proposed Rules: 4 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER 103...... 61568, 63313 Proposed Rules: 212...... 63313 61467–61760...... 1 21...... 61542 214...... 61568, 63313 61761–61974...... 2 245...... 63313 61975–62164...... 3 5 CFR 248...... 61568, 63313 62165–62310...... 4 534...... 63049 264...... 61568 62311–62626...... 7 2634...... 61761 299...... 63313 62627–62862...... 8 2635...... 61761 62863–63048...... 9 9 CFR 63049–63236...... 10 7 CFR 94...... 62171 63237–63528...... 11 1...... 63237 331...... 61767 63529–63812...... 15 2...... 65869 381...... 61767 63813–64026...... 16 29...... 61467 417...... 62325 64027–64306...... 17 250...... 65011 Proposed Rules: 64307–64516...... 18 300...... 63529 94...... 64827 64517–64786...... 21 301 ...... 61975, 62627, 63529 64787–65010...... 22 305...... 65016 10 CFR 65011–65284...... 23 319 ...... 63529, 64702, 65016 20...... 62872 65285–65468...... 24 457...... 65029 32...... 62872 65469–65688...... 25 723...... 62871 35...... 62872 65689–65870...... 28 729...... 62871 50...... 64033

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39 CFR 431...... 65504 20...... 63851 360...... 61818 111...... 63549, 65500 438...... 65504 25...... 61814 365...... 61818 952...... 62178 457...... 61956 61...... 63850 372...... 61818 957...... 62178 460...... 61496, 63966 64...... 62648 382...... 61818 958...... 62178 482...... 61805, 61808 69...... 63850 383...... 61818 960...... 62178 483...... 61808 73 ...... 61515, 61816, 62399, 386...... 61818 962...... 62178 484...... 61808 62400, 62648, 62649, 62650, 387...... 61818 964...... 62178 Proposed Rules: 63290, 63852, 63853, 64048, 388...... 61818 965...... 62178 409...... 65672 64049, 64552, 64553, 64817, 390...... 61818, 63019 Proposed Rules: 417...... 65672 64818, 65721 391...... 61818 111...... 63582 422...... 65672 90...... 63279 393...... 61818, 63966 95...... 63279 397...... 62191 43 CFR 40 CFR Proposed Rules: 571...... 61523, 64818 9...... 65708 2...... 64527 Ch. I ...... 64968 573...... 64049 52 ...... 61784, 61786, 62179, 4...... 61506 0...... 65527 577...... 64049 62184, 62376, 62378, 62379, 268...... 62618 25...... 61999 579...... 63295 62381, 62383, 62385, 62388, 271...... 62618 43...... 65527 594...... 62897 62389, 62392, 62395, 62889, 2930...... 61732 63...... 65527 1002...... 65046 3430...... 63565 64...... 62667, 65527 62891, 63268, 63270, 64990, Proposed Rules: 3470...... 63565 64994, 64999, 65501, 65710, 73 ...... 61572, 61845, 63873, 27...... 61996 3800...... 61732 63874, 63875, 63876, 64080, 65713 37...... 61996 6300...... 61732 64598, 64853, 65750, 65751 61...... 62395 40...... 61996 8340...... 61732 62...... 62894 177...... 62681 8370...... 61732 48 CFR 63...... 64498, 64742 219...... 61996, 63022 70...... 63551 9260...... 61732 201...... 65509 225...... 63022 81 ...... 61786, 62184, 64815, Proposed Rules: 206...... 61516 240...... 63022 65043, 65045, 65713 268...... 62626 207...... 61516 376...... 61996 136...... 65220 271...... 62626 208 ...... 65505, 65509, 65721 382...... 61996 141...... 65220 2930...... 61746 212...... 65512 143...... 65220 216...... 65505, 65721 397...... 62681 180...... 63503, 65314 44 CFR 217...... 61516 575...... 62528 258...... 62647 64...... 63271 223...... 61516 653...... 61996 300...... 61802, 65315 65 ...... 63273, 63829, 63834, 226...... 65512 654...... 61996 420...... 64216 65718 237...... 61516, 65512 1518...... 62189 67 ...... 63275, 63837, 63849 239...... 65509 50 CFR 201...... 61512 242...... 61516 Proposed Rules: 16...... 62193 52 ...... 62221, 62222, 62425, 206...... 61512, 62896 245...... 61516 247...... 61516 17 ...... 61531, 62897, 63968, 62426, 62427, 62431, 62432, Proposed Rules: 65414 62926, 63353, 63354, 63583, 67 ...... 63358, 63360, 63867, 251...... 65509 229...... 65722 63586, 64347, 64582, 64993, 63872 252...... 65509, 65514 300...... 64311 64998, 65002, 65077, 65080, 1804...... 62190 600 ...... 61824, 62204, 64311 65526, 65749, 65750 45 CFR 1833...... 61519 635...... 61537, 63854 60...... 64014 Proposed Rules: 1852...... 61519 648 ...... 62650, 63223, 63311, 61...... 62432 46...... 62432 1872...... 61519 64825 81...... 62222, 65750 Proposed Rules: 122...... 63867 46 CFR 2...... 64010 654...... 61990 131...... 65256 10...... 64313 11...... 64010 660 ...... 61824, 61994, 62204, 228...... 62659 71...... 64315 23...... 64010 62401, 63055, 63057, 64826, 271...... 64594 115...... 64315 31...... 65468 65514, 65728, 65729, 65730 300 ...... 61844, 64846, 65082 126...... 64315 206...... 62590 679 ...... 61826, 61827, 62212, 372...... 63060 167...... 64315 208...... 62590 62651, 62910, 63312, 64066, 450...... 63867 169...... 64315 209...... 62590 64315, 65046 176...... 64315 225...... 62590 Proposed Rules: 41 CFR 242...... 62590 17 ...... 61845, 62926, 63064, 302–3...... 65321 47 CFR 252...... 62590, 65528 63066, 63067, 63738, 65083 0...... 63279 300...... 64853 42 CFR 1...... 63850 49 CFR 600...... 62222 81...... 62096 11...... 65321 40...... 61521 660 ...... 62001, 63599, 64861 413...... 61496 15...... 63290 350...... 61818, 63019 679...... 63600

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REMINDERS Carprofen; published 10-28- reporting and recordkeeping States; air quality planning The items in this list were 02 requirments: purposes; designation of editorially compiled as an aid INTERIOR DEPARTMENT Bank Secrecy Act; areas: to Federal Register users. Fish and Wildlife Service implementation— Massachusetts; comments Inclusion or exclusion from Casinos and card clubs; due by 11-4-02; published this list has no legal Endangered and threatened 10-4-02 [FR 02-25154] species: suspicious transactions significance. reporting requirements; ENVIRONMENTAL Critical habitat published 9-26-02 PROTECTION AGENCY designations— RULES GOING INTO Air quality implementation Appalachian elktoe; plans; approval and EFFECT OCTOBER 28, published 9-27-02 COMMENTS DUE NEXT 2002 WEEK promulgation; various NUCLEAR REGULATORY States; air quality planning COMMISSION purposes; designation of AGRICULTURE AGRICULTURE Production and utilization areas: DEPARTMENT DEPARTMENT facilities; domestic licensing: Massachusetts; comments Organization, functions, and Agricultural Marketing Light-water cooled nuclear due by 11-4-02; published authority delegations: Service power plants, 10-4-02 [FR 02-25155] Designated Agency Ethics Milk marketing orders: Official; published 10-28- components; construction ENVIRONMENTAL Pacific Northwest; comments 02 and inservice inspection PROTECTION AGENCY due by 11-5-02; published and testing; industry Air quality implementation COMMERCE DEPARTMENT codes and standards; 9-6-02 [FR 02-22686] National Oceanic and plans; approval and amended requirements; AGRICULTURE Atmospheric Administration promulgation; various published 9-26-02 DEPARTMENT Marine mammals: States: TRANSPORTATION Animal and Plant Health Incidental taking— California; comments due by DEPARTMENT Inspection Service Atlantic Large Whale Take 11-6-02; published 10-7- Reduction Plan; Coast Guard User fees: 02 [FR 02-25299] published 10-28-02 Drawbridge operations: Agricultural and quarantine ENVIRONMENTAL CORPORATION FOR California; published 9-27-02 inspection services; PROTECTION AGENCY current fees extension NATIONAL AND Ports and waterways safety: Air quality implementation beyond 2002 FY; plans; approval and COMMUNITY SERVICE Ponce Bay, Tallaboa Bay, comments due by 11-4- promulgation; various Foster Grandparent Program; and Guayanilla Bay, PR, amendments; published 9- 02; published 9-3-02 [FR States: and Limetree Bay, St. 02-22313] 27-02 Croix, VI; safety zones; California; comments due by COMMERCE DEPARTMENT Senior Companion Program; published 9-27-02 11-6-02; published 10-7- amendments; published 9- National Oceanic and 02 [FR 02-25300] 27-02 TRANSPORTATION Atmospheric Administration DEPARTMENT ENVIRONMENTAL ENVIRONMENTAL Fishery conservation and PROTECTION AGENCY PROTECTION AGENCY Federal Aviation management: Administration Air quality implementation Agency information collection West Coast States and plans; approval and activities: Airmen: Western Pacific promulgation; various Technical amendment; Picture identification fisheries— States: published 10-28-02 requirements; published Pacific coast groundfish; California; comments due by Air quality implementation 10-28-02 comments due by 11-6- 11-6-02; published 10-7- plans; approval and Airworthiness directives: 02; published 10-22-02 02 [FR 02-25296] promulgation; various Bombardier-Rotax GmbH; [FR 02-26693] ENVIRONMENTAL States: published 10-23-02 ENERGY DEPARTMENT PROTECTION AGENCY Arizona; published 8-27-02 Airworthiness standards: Federal Energy Regulatory Air quality implementation Missouri; published 8-27-02 Special conditions— Commission plans; approval and Montana; published 8-28-02 Electric utilities (Federal Power promulgation; various Tennessee; published 8-29- Eclipse Aviation Corp. Act): States: 02 Model 500 airplane; published 9-26-02 Small generator California; comments due by FEDERAL interconnection 11-6-02; published 10-7- COMMUNICATIONS TREASURY DEPARTMENT agreements and 02 [FR 02-25297] COMMISSION Internal Revenue Service procedures; ENVIRONMENTAL Radio services, special: Income taxes: standardization; comments PROTECTION AGENCY Private land mobile Unit-livestock-price method; due by 11-4-02; published services— Air quality implementation published 10-28-02 8-26-02 [FR 02-21613] plans; approval and 700 MHz public safety TREASURY DEPARTMENT ENVIRONMENTAL promulgation; various band; Federal, State, PROTECTION AGENCY States: and local public safety Counter money laundering agency communication requirements: Air programs: California; comments due by requirements; Bank Secrecy Act; Spark-ignition marine 11-6-02; published 10-7- operational, technical, implementation— vessels and highway 02 [FR 02-25298] and spectrum Foreign shell banks; motorcycles; emissions ENVIRONMENTAL requirements; published correspondent accounts; control; comments due by PROTECTION AGENCY 9-27-02 and foreign banks, 11-8-02; published 8-14- Air quality implementation HEALTH AND HUMAN correspondent accounts 02 [FR 02-19437] plans; approval and SERVICES DEPARTMENT recordkeeping and ENVIRONMENTAL promulgation; various Food and Drug termination; published PROTECTION AGENCY States: Administration 9-26-02 Air quality implementation Iowa; comments due by 11- Animal drugs, feeds, and Currency and foreign plans; approval and 8-02; published 10-9-02 related products: transactions; financial promulgation; various [FR 02-25590]

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ENVIRONMENTAL ENVIRONMENTAL Cypermethrin and an isomer FEDERAL ELECTION PROTECTION AGENCY PROTECTION AGENCY of zeta-cypermethrin; COMMISSION Air quality implementation Air quality implementation comments due by 11-4- Bipartisan Campaign Reform plans; approval and plans; approval and 02; published 9-4-02 [FR Act; implementation: promulgation; various promulgation; various 02-22606] Electioneering States: States: ENVIRONMENTAL communications and Iowa; comments due by 11- Pennsylvania; comments PROTECTION AGENCY independent expenditures, 8-02; published 10-9-02 due by 11-6-02; published Solid wastes: national political party [FR 02-25591] 10-7-02 [FR 02-25286] Land disposal restrictions— committees, and principal ENVIRONMENTAL Virginia; comments due by Radioactively campaign committees; PROTECTION AGENCY 11-6-02; published 10-7- contaminated cadmium-, reporting requirements; Air quality implementation 02 [FR 02-25416] mercury-, and silver- comments due by 11-8- 02; published 10-21-02 plans; approval and ENVIRONMENTAL containing batteries; [FR 02-26394] promulgation; various PROTECTION AGENCY national treatment States: Air quality implementation variance; comments due HEALTH AND HUMAN Massachusetts; comments plans; approval and by 11-6-02; published SERVICES DEPARTMENT due by 11-4-02; published promulgation; various 10-7-02 [FR 02-25414] Protection of human subjects: 10-4-02 [FR 02-25158] States: ENVIRONMENTAL Biomedical and behavioral ENVIRONMENTAL West Virginia; comments PROTECTION AGENCY research involving PROTECTION AGENCY due by 11-6-02; published Solid wastes: prisoners as subjects; Air quality implementation 10-7-02 [FR 02-25294] Land disposal restrictions— comments due by 11-6- 02; published 10-7-02 [FR plans; approval and ENVIRONMENTAL Radioactively 02-25205] promulgation; various PROTECTION AGENCY contaminated cadmium-, States: Air quality implementation mercury-, and silver- INTERIOR DEPARTMENT Massachusetts; comments plans; approval and containing batteries; Indian Affairs Bureau due by 11-4-02; published promulgation; various national treatment Land and water: 10-4-02 [FR 02-25159] States: variance; comments due Indian Reservation Roads ENVIRONMENTAL West Virginia; comments by 11-6-02; published Program; comments due PROTECTION AGENCY due by 11-6-02; published 10-7-02 [FR 02-25415] by 11-7-02; published 10- Air quality implementation 10-7-02 [FR 02-25295] Superfund program: 7-02 [FR 02-25433] plans; approval and ENVIRONMENTAL National oil and hazardous INTERIOR DEPARTMENT promulgation; various PROTECTION AGENCY substances contingency Fish and Wildlife Service States: plan— Air quality implementation Endangered and threatened Montana; comments due by plans; approval and National priorities list species: 11-6-02; published 10-7- update; comments due promulgation; various Westslope cutthroat trout; 02 [FR 02-25287] by 11-4-02; published States: status review; comments ENVIRONMENTAL 9-5-02 [FR 02-22539] West Virginia; comments due by 11-4-02; published PROTECTION AGENCY due by 11-6-02; published Water pollution control: 9-3-02 [FR 02-22303] Air quality implementation Ocean dumping; site 10-7-02 [FR 02-25291] INTERIOR DEPARTMENT plans; approval and designations— promulgation; various ENVIRONMENTAL National Park Service PROTECTION AGENCY Historic Area Remediation States: Site-specific Special regulations: Air quality implementation Montana; comments due by polychlorinated biphenyl Lake Mead National plans; approval and 11-6-02; published 10-7- worm tissue criterion; Recreation Area, NV and promulgation; various 02 [FR 02-25288] comments due by 11-7- AZ; personal watercraft States: ENVIRONMENTAL 02; published 10-8-02 use; comments due by West Virginia; comments PROTECTION AGENCY [FR 02-25586] 11-4-02; published 9-5-02 due by 11-6-02; published [FR 02-22630] Air quality implementation 10-7-02 [FR 02-25292] FEDERAL plans; approval and COMMUNICATIONS LABOR DEPARTMENT promulgation; various ENVIRONMENTAL COMMISSION Occupational Safety and PROTECTION AGENCY States: Digital television stations; table Health Administration North Dakota; comments Air quality implementation of assignments: Construction safety and health plans; approval and due by 11-6-02; published Alabama; comments due by regulations: promulgation; various 10-7-02 [FR 02-25289] 11-7-02; published 9-23- Hearing conservation States: ENVIRONMENTAL 02 [FR 02-24106] program; comments due West Virginia; comments PROTECTION AGENCY Regulatory Flexibility Act; by 11-4-02; published 8-5- due by 11-6-02; published Air quality implementation review; comments due by 02 [FR 02-19691] 10-7-02 [FR 02-25283] plans; approval and 11-8-02; published 10-22-02 Occupational safety and promulgation; various ENVIRONMENTAL [FR 02-26429] healthy standards: States: PROTECTION AGENCY Small business size standards: 2-methoxyethanol, 2- North Dakota; comments Air quality implementation Tier III wireless carriers in ethoxyethanol, and due by 11-6-02; published plans; approval and Enhanced 911 acetates (glycol ethers); 10-7-02 [FR 02-25290] promulgation; various proceeding; comment occupational exposure; ENVIRONMENTAL States: request; comments due comments due by 11-6- PROTECTION AGENCY West Virginia; comments by 11-6-02; published 10- 02; published 8-8-02 [FR Air quality implementation due by 11-6-02; published 23-02 [FR 02-27064] 02-20001] plans; approval and 10-7-02 [FR 02-25284] Television broadcasting: NUCLEAR REGULATORY promulgation; various ENVIRONMENTAL Cable television rate COMMISSION States: PROTECTION AGENCY regulations; revisions; Spent nuclear fuel and high- Pennsylvania; comments Pesticides; tolerances in food, comments due by 11-4- level radioactive waste; due by 11-6-02; published animal feeds, and raw 02; published 9-5-02 [FR independent storage; 10-7-02 [FR 02-25285] agricultural commodities: 02-22427] licensing requirements, etc.:

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Event notification 02; published 9-23-02 [FR change nara005.html. Some laws may requirements; comments 02-24019] recommendations; not yet be available. due by 11-5-02; published MORAVAN a.s.; comments comments due by 11-5- 8-22-02 [FR 02-21414] due by 11-8-02; published 02; published 9-6-02 H.R. 2121/P.L. 107–246 STATE DEPARTMENT 10-4-02 [FR 02-25208] [FR 02-22735] Russian Democracy Act of Consular services; fee TRANSPORTATION TREASURY DEPARTMENT 2002 (Oct. 23, 2002; 116 Stat. schedule; comments due by DEPARTMENT Internal Revenue Service 1511) 11-8-02; published 10-9-02 Federal Aviation Income taxes: [FR 02-25692] H.R. 4085/P.L. 107–247 Administration Foreign corporations; gross Veterans’ Compensation Cost- TRANSPORTATION Airworthiness directives: income; exclusions DEPARTMENT Raytheon; comments due by of-Living Act of 2002 (Oct. 23, Hearing change and 2002; 116 Stat. 1517) Coast Guard 11-8-02; published 9-24- extension of comment Boating safety regulations 02 [FR 02-23880] period; comments due H.R. 5010/P.L. 107–248 review; comments due by TRANSPORTATION by 11-5-02; published Department of Defense 11-4-02; published 8-6-02 DEPARTMENT 10-18-02 [FR 02-26450] Appropriations Act, 2003 (Oct. [FR 02-19674] Federal Aviation VETERANS AFFAIRS 23, 2002; 116 Stat. 1519) TRANSPORTATION Administration DEPARTMENT DEPARTMENT H.R. 5011/P.L. 107–249 Airworthiness standards: Disabilities rating schedule: Federal Aviation Military Construction Special conditions— Spine; comments due by Administration Appropriation Act, 2003 (Oct. Boeing Model 737-100, 11-4-02; published 9-4-02 Airworthiness directives: 23, 2002; 116 Stat. 1578) -200, and -300 series [FR 02-22440] Air Tractor, Inc.; comments airplanes; comments Last List October 23, 2002 due by 11-4-02; published due by 11-6-02; 8-29-02 [FR 02-22002] published 10-7-02 [FR LIST OF PUBLIC LAWS TRANSPORTATION 02-25470] DEPARTMENT Class E5 airspace; comments This is a continuing list of Public Laws Electronic Federal Aviation due by 11-6-02; published public bills from the current Notification Service Administration 10-7-02 [FR 02-25316] session of Congress which (PENS) Airworthiness directives: TRANSPORTATION have become Federal laws. It Bell; comments due by 11- DEPARTMENT may be used in conjunction with ‘‘PLUS’’ (Public Laws 4-02; published 9-5-02 Federal Railroad PENS is a free electronic mail Update Service) on 202–741– [FR 02-22174] Administration notification service of newly 6043. This list is also enacted public laws. To TRANSPORTATION Railroad accidents/incidents; available online at http:// subscribe, go to http:// DEPARTMENT reporting requirements: www.nara.gov/fedreg/ hydra.gsa.gov/archives/ Federal Aviation Conformance to OSHA’s plawcurr.html. publaws-l.html or send E-mail Administration revised reporting to [email protected] The text of laws is not Airworthiness directives: requirements; comments with the following text published in the Federal CFM International; due by 11-8-02; published message: comments due by 11-8- 10-9-02 [FR 02-24393] Register but may be ordered 02; published 9-9-02 [FR TRANSPORTATION in ‘‘slip law’’ (individual SUBSCRIBE PUBLAWS-L 02-22761] DEPARTMENT pamphlet) form from the Your Name. Superintendent of Documents, Research and Special TRANSPORTATION U.S. Government Printing Note: This service is strictly Programs Administration DEPARTMENT Office, Washington, DC 20402 for E-mail notification of new Federal Aviation Pipeline safety: (phone, 202–512–1808). The laws. The text of laws is not Administration Hazardous liquid text will also be made available through this service. Airworthiness directives: transportation— available on the Internet from PENS cannot respond to McDonnell Douglas; Hazardous liquid pipeline GPO Access at http:// specific inquiries sent to this comments due by 11-7- safety standards; www.access.gpo.gov/nara/ address.

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–048–00037–2) ...... 60.00 Jan. 1, 2002 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–048–00038–1) ...... 58.00 Jan. 1, 2002 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–048–00039–9) ...... 29.00 Jan. 1, 2002 numbers, prices, and revision dates. 200–1199 ...... (869–048–00040–2) ...... 47.00 Jan. 1, 2002 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–048–00041–1) ...... 41.00 Jan. 1, 2002 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–048–00042–9) ...... 37.00 Jan. 1, 2002 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–048–00043–7) ...... 58.00 Jan. 1, 2002 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–048–00044–5) ...... 40.00 Jan. 1, 2002 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–048–00045–3) ...... 47.00 Jan. 1, 2002 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–048–00046–1) ...... 57.00 Jan. 1, 2002 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–048–00048–8) ...... 47.00 Apr. 1, 2002 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–048–00049–6) ...... 55.00 Apr. 1, 2002 $1195.00 domestic, $298.75 additional for foreign mailing. 240–End ...... (869–048–00050–0) ...... 59.00 Apr. 1, 2002 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 1–399 ...... (869–048–00051–8) ...... 59.00 Apr. 1, 2002 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–048–00052–6) ...... 24.00 Apr. 1, 2002 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–048–00053–4) ...... 57.00 Apr. 1, 2002 charge orders to (202) 512-2250. 141–199 ...... (869–048–00054–2) ...... 56.00 Apr. 1, 2002 200–End ...... (869–048–00055–1) ...... 29.00 Apr. 1, 2002 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–048–00001–1) ...... 9.00 Jan. 1, 2002 1–399 ...... (869–048–00056–9) ...... 47.00 Apr. 1, 2002 3 (1997 Compilation 400–499 ...... (869–048–00057–7) ...... 60.00 Apr. 1, 2002 and Parts 100 and 500–End ...... (869–048–00058–5) ...... 60.00 Apr. 1, 2002 1 101) ...... (869–048–00002–0) ...... 59.00 Jan. 1, 2002 21 Parts: 4 ...... (869–048–00003–8) ...... 9.00 4 Jan. 1, 2002 1–99 ...... (869–048–00059–3) ...... 39.00 Apr. 1, 2002 100–169 ...... (869–048–00060–7) ...... 46.00 Apr. 1, 2002 5 Parts: 170–199 ...... (869–048–00061–5) ...... 47.00 Apr. 1, 2002 1–699 ...... (869–048–00004–6) ...... 57.00 Jan. 1, 2002 200–299 ...... (869–048–00062–3) ...... 16.00 Apr. 1, 2002 700–1199 ...... (869–048–00005–4) ...... 47.00 Jan. 1, 2002 300–499 ...... (869–048–00063–1) ...... 29.00 Apr. 1, 2002 1200–End, 6 (6 500–599 ...... (869–048–00064–0) ...... 46.00 Apr. 1, 2002 Reserved) ...... (869–048–00006–2) ...... 58.00 Jan. 1, 2002 600–799 ...... (869–048–00065–8) ...... 16.00 Apr. 1, 2002 7 Parts: 800–1299 ...... (869–048–00066–6) ...... 56.00 Apr. 1, 2002 1–26 ...... (869–048–00001–1) ...... 41.00 Jan. 1, 2002 1300–End ...... (869–048–00067–4) ...... 22.00 Apr. 1, 2002 27–52 ...... (869–048–00008–9) ...... 47.00 Jan. 1, 2002 22 Parts: 53–209 ...... (869–048–00009–7) ...... 36.00 Jan. 1, 2002 1–299 ...... (869–048–00068–2) ...... 59.00 Apr. 1, 2002 210–299 ...... (869–048–00010–1) ...... 59.00 Jan. 1, 2002 300–End ...... (869–048–00069–1) ...... 43.00 Apr. 1, 2002 300–399 ...... (869–048–00011–9) ...... 42.00 Jan. 1, 2002 400–699 ...... (869–048–00012–7) ...... 57.00 Jan. 1, 2002 23 ...... (869–048–00070–4) ...... 40.00 Apr. 1, 2002 700–899 ...... (869–048–00013–5) ...... 54.00 Jan. 1, 2002 24 Parts: 900–999 ...... (869–048–00014–3) ...... 58.00 Jan. 1, 2002 0–199 ...... (869–048–00071–2) ...... 57.00 Apr. 1, 2002 1000–1199 ...... (869–048–00015–1) ...... 25.00 Jan. 1, 2002 200–499 ...... (869–048–00072–1) ...... 47.00 Apr. 1, 2002 1200–1599 ...... (869–048–00016–0) ...... 58.00 Jan. 1, 2002 500–699 ...... (869–048–00073–9) ...... 29.00 Apr. 1, 2002 1600–1899 ...... (869–048–00017–8) ...... 61.00 Jan. 1, 2002 700–1699 ...... (869–048–00074–7) ...... 58.00 Apr. 1, 2002 1900–1939 ...... (869–048–00018–6) ...... 29.00 Jan. 1, 2002 1700–End ...... (869–048–00075–5) ...... 29.00 Apr. 1, 2002 1940–1949 ...... (869–048–00019–4) ...... 53.00 Jan. 1, 2002 25 ...... (869–048–00076–3) ...... 68.00 Apr. 1, 2002 1950–1999 ...... (869–048–00020–8) ...... 47.00 Jan. 1, 2002 2000–End ...... (869–048–00021–6) ...... 46.00 Jan. 1, 2002 26 Parts: §§ 1.0-1–1.60 ...... (869–048–00077–1) ...... 45.00 Apr. 1, 2002 8 ...... (869–048–00022–4) ...... 58.00 Jan. 1, 2002 §§ 1.61–1.169 ...... (869–048–00078–0) ...... 58.00 Apr. 1, 2002 9 Parts: §§ 1.170–1.300 ...... (869–048–00079–8) ...... 55.00 Apr. 1, 2002 1–199 ...... (869–048–00023–2) ...... 58.00 Jan. 1, 2002 §§ 1.301–1.400 ...... (869–048–00080–1) ...... 44.00 Apr. 1, 2002 200–End ...... (869–048–00024–1) ...... 56.00 Jan. 1, 2002 §§ 1.401–1.440 ...... (869–048–00081–0) ...... 60.00 Apr. 1, 2002 §§ 1.441-1.500 ...... (869-048-00082-8) ...... 47.00 Apr. 1, 2002 10 Parts: §§ 1.501–1.640 ...... (869–048–00083–6) ...... 44.00 6Apr. 1, 2002 1–50 ...... (869–048–00025–4) ...... 58.00 Jan. 1, 2002 §§ 1.641–1.850 ...... (869–048–00084–4) ...... 57.00 Apr. 1, 2002 51–199 ...... (869–048–00026–7) ...... 56.00 Jan. 1, 2002 §§ 1.851–1.907 ...... (869–048–00085–2) ...... 57.00 Apr. 1, 2002 200–499 ...... (869–048–00027–5) ...... 44.00 Jan. 1, 2002 §§ 1.908–1.1000 ...... (869–048–00086–1) ...... 56.00 Apr. 1, 2002 500–End ...... (869–048–00028–3) ...... 58.00 Jan. 1, 2002 §§ 1.1001–1.1400 ...... (869–048–00087–9) ...... 58.00 Apr. 1, 2002 11 ...... (869–048–00029–1) ...... 34.00 Jan. 1, 2002 §§ 1.1401–End ...... (869–048–00088–7) ...... 61.00 Apr. 1, 2002 2–29 ...... (869–048–00089–5) ...... 57.00 Apr. 1, 2002 12 Parts: 30–39 ...... (869–048–00090–9) ...... 39.00 Apr. 1, 2002 1–199 ...... (869–048–00030–5) ...... 30.00 Jan. 1, 2002 40–49 ...... (869–048–00091–7) ...... 26.00 Apr. 1, 2002 200–219 ...... (869–048–00031–3) ...... 36.00 Jan. 1, 2002 50–299 ...... (869–048–00092–5) ...... 38.00 Apr. 1, 2002 220–299 ...... (869–048–00032–1) ...... 58.00 Jan. 1, 2002 300–499 ...... (869–048–00093–3) ...... 57.00 Apr. 1, 2002 300–499 ...... (869–048–00033–0) ...... 45.00 Jan. 1, 2002 500–599 ...... (869–048–00094–1) ...... 12.00 5Apr. 1, 2002 500–599 ...... (869–048–00034–8) ...... 42.00 Jan. 1, 2002 600–End ...... (869–048–00095–0) ...... 16.00 Apr. 1, 2002 600–End ...... (869–048–00035–6) ...... 61.00 Jan. 1, 2002 27 Parts: 13 ...... (869–048–00036–4) ...... 47.00 Jan. 1, 2002 1–199 ...... (869–048–00096–8) ...... 61.00 Apr. 1, 2002

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–048–00097–6) ...... 13.00 Apr. 1, 2002 100–135 ...... (869–048–00151–4) ...... 42.00 July 1, 2002 ...... 28 Parts: ...... 136–149 (869–048–00152–2) 58.00 July 1, 2002 150–189 ...... 0-42 ...... (869–048–00098–4) ...... 58.00 July 1, 2002 (869–044–00153–5) 52.00 July 1, 2001 190–259 ...... (869–048–00154–9) ...... 37.00 July 1, 2002 43-end ...... (869-048-00099-2) ...... 55.00 July 1, 2002 260–265 ...... (869–048–00155–7) ...... 47.00 July 1, 2002 29 Parts: 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 *0–99 ...... (869–048–00100–0) ...... 45.00 8July 1, 2002 300–399 ...... (869–048–00157–3) ...... 43.00 July 1, 2002 100–499 ...... (869–048–00101–8) ...... 21.00 July 1, 2002 400–424 ...... (869–048–00158–1) ...... 54.00 July 1, 2002 500–899 ...... (869–048–00102–6) ...... 58.00 July 1, 2002 425–699 ...... (869–044–00159–4) ...... 55.00 July 1, 2001 900–1899 ...... (869–048–00103–4) ...... 35.00 July 1, 2002 700–789 ...... (869–048–00160–3) ...... 58.00 July 1, 2002 1900–1910 (§§ 1900 to 790–End ...... (869–048–00161–1) ...... 45.00 July 1, 2002 1910.999) ...... (869–048–00104–2) ...... 58.00 July 1, 2002 41 Chapters: *1910 (§§ 1910.1000 to 3 8 1, 1–1 to 1–10 ...... 13.00 July 1, 1984 end) ...... (869–048–00105–1) ...... 42.00 July 1, 2002 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–048–00106–9) ...... 29.00 July 1, 2002 3–6 ...... 14.00 3 July 1, 1984 1926 ...... (869–048–00107–7) ...... 47.00 July 1, 2002 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–044–00108–0) ...... 55.00 July 1, 2001 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–048–00109–3) ...... 56.00 July 1, 2002 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–044–00110–1) ...... 45.00 July 1, 2001 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–048–00111–5) ...... 56.00 July 1, 2002 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 31 Parts: 19–100 ...... 13.00 3 July 1, 1984 0–199 ...... (869–048–00112–3) ...... 35.00 July 1, 2002 1–100 ...... (869–044–00162–4) ...... 22.00 July 1, 2001 200–End ...... (869–044–00113–6) ...... 56.00 July 1, 2001 101 ...... (869–048–00163–8) ...... 43.00 July 1, 2002 32 Parts: 102–200 ...... (869–044–00164–1) ...... 33.00 July 1, 2001 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–044–00165–9) ...... 24.00 July 1, 2001 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–048–00114–0) ...... 56.00 July 1, 2002 1–399 ...... (869–044–00166–7) ...... 51.00 Oct. 1, 2001 ...... 191–399 ...... (869–044–00115–2) ...... 57.00 July 1, 2001 400–429 (869–044–00167–5) 59.00 Oct. 1, 2001 430–End ...... (869–044–00168–3) ...... 58.00 Oct. 1, 2001 400–629 ...... (869–048–00116–6) ...... 47.00 July 1, 2002 630–699 ...... (869–048–00117–4) ...... 37.00 July 1, 2002 43 Parts: 700–799 ...... (869–048–00118–2) ...... 44.00 July 1, 2002 1–999 ...... (869–044–00169–1) ...... 45.00 Oct. 1, 2001 800–End ...... (869–048–00119–1) ...... 46.00 July 1, 2002 1000–end ...... (869–044–00170–5) ...... 56.00 Oct. 1, 2001 33 Parts: 44 ...... (869–044–00171–3) ...... 45.00 Oct. 1, 2001 1–124 ...... (869–044–00120–9) ...... 45.00 July 1, 2001 45 Parts: 125–199 ...... (869–044–00121–7) ...... 55.00 July 1, 2001 1–199 ...... (869–044–00172–1) ...... 53.00 Oct. 1, 2001 200–End ...... (869–048–00122–1) ...... 47.00 July 1, 2002 200–499 ...... (869–044–00173–0) ...... 31.00 Oct. 1, 2001 34 Parts: 500–1199 ...... (869–044–00174–8) ...... 45.00 Oct. 1, 2001 1–299 ...... (869–048–00123–9) ...... 45.00 July 1, 2002 1200–End ...... (869–044–00175–6) ...... 55.00 Oct. 1, 2001 8 *300–399 ...... (869–048–00124–7) ...... 40.00 July 1, 2002 46 Parts: 400–End ...... (869–048–00125–5) ...... 59.00 July 1, 2002 1–40 ...... (869–044–00176–4) ...... 43.00 Oct. 1, 2001 35 ...... (869–048–00126–3) ...... 10.00 7July 1, 2002 41–69 ...... (869–044–00177–2) ...... 35.00 Oct. 1, 2001 70–89 ...... (869–044–00178–1) ...... 13.00 Oct. 1, 2001 36 Parts 90–139 ...... (869–044–00179–9) ...... 41.00 Oct. 1, 2001 ...... 1–199 (869–048–00127–1) 36.00 July 1, 2002 140–155 ...... (869–044–00180–2) ...... 24.00 Oct. 1, 2001 ...... 200–299 (869–048–00128–0) 35.00 July 1, 2002 156–165 ...... (869–044–00181–1) ...... 31.00 Oct. 1, 2001 ...... 300–End (869–044–00129–2) 55.00 July 1, 2001 166–199 ...... (869–044–00182–9) ...... 42.00 Oct. 1, 2001 37 ...... (869–048–00130–1) ...... 47.00 July 1, 2002 200–499 ...... (869–044–00183–7) ...... 36.00 Oct. 1, 2001 ...... 38 Parts: 500–End (869–044–00184–5) 23.00 Oct. 1, 2001 0–17 ...... (869–044–00131–4) ...... 53.00 July 1, 2001 47 Parts: 18–End ...... (869–048–00132–8) ...... 58.00 July 1, 2002 0–19 ...... (869–044–00185–3) ...... 55.00 Oct. 1, 2001 20–39 ...... (869–044–00186–1) ...... 43.00 Oct. 1, 2001 39 ...... (869–048–00133–6) ...... 40.00 July 1, 2002 40–69 ...... (869–044–00187–0) ...... 36.00 Oct. 1, 2001 40 Parts: 70–79 ...... (869–044–00188–8) ...... 58.00 Oct. 1, 2001 1–49 ...... (869–048–00134–4) ...... 57.00 July 1, 2002 80–End ...... (869–044–00189–6) ...... 55.00 Oct. 1, 2001 50–51 ...... (869–048–00135–2) ...... 40.00 July 1, 2002 48 Chapters: 52 (52.01–52.1018) ...... (869–048–00136–1) ...... 55.00 July 1, 2002 1 (Parts 1–51) ...... (869–044–00190–0) ...... 60.00 Oct. 1, 2001 52 (52.1019–End) ...... (869–048–00137–9) ...... 58.00 July 1, 2002 1 (Parts 52–99) ...... (869–044–00191–8) ...... 45.00 Oct. 1, 2001 53–59 ...... (869–048–00138–7) ...... 29.00 July 1, 2002 2 (Parts 201–299) ...... (869–044–00192–6) ...... 53.00 Oct. 1, 2001 60 (60.1–End) ...... (869–048–00139–5) ...... 56.00 July 1, 2002 3–6 ...... (869–044–00193–4) ...... 31.00 Oct. 1, 2001 *60 (Apps) ...... (869–048–00140–9) ...... 51.00 8July 1, 2002 7–14 ...... (869–044–00194–2) ...... 51.00 Oct. 1, 2001 61–62 ...... (869–048–00141–7) ...... 38.00 July 1, 2002 15–28 ...... (869–044–00195–1) ...... 53.00 Oct. 1, 2001 63 (63.1–63.599) ...... (869–044–00142–0) ...... 53.00 July 1, 2001 29–End ...... (869–044–00196–9) ...... 38.00 Oct. 1, 2001 63 (63.600–63.1199) ...... (869–044–00143–8) ...... 44.00 July 1, 2001 63 (63.1200-End) ...... (869–044–00144–6) ...... 56.00 July 1, 2001 49 Parts: 64–71 ...... (869–044–00145–4) ...... 26.00 July 1, 2001 1–99 ...... (869–044–00197–7) ...... 55.00 Oct. 1, 2001 72–80 ...... (869–044–00146–2) ...... 55.00 July 1, 2001 100–185 ...... (869–044–00198–5) ...... 60.00 Oct. 1, 2001 81–85 ...... (869–048–00147–6) ...... 47.00 July 1, 2002 186–199 ...... (869–044–00199–3) ...... 18.00 Oct. 1, 2001 *86 (86.1–86.599–99) ..... (869–048–00148–4) ...... 52.00 8July 1, 2002 200–399 ...... (869–044–00200–1) ...... 60.00 Oct. 1, 2001 *86 (86.600–1–End) ...... (869–048–00149–2) ...... 45.00 8July 1, 2002 400–999 ...... (869–044–00201–9) ...... 58.00 Oct. 1, 2001 87–99 ...... (869–044–00150–1) ...... 54.00 July 1, 2001 1000–1199 ...... (869–044–00202–7) ...... 26.00 Oct. 1, 2001

VerDate 0ct 09 2002 18:29 Oct 25, 2002 Jkt 200001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\28OCCL.LOC 28OCCL Federal Register / Vol. 67, No. 208 / Monday, October 28, 2002 / Reader Aids ix

Title Stock Number Price Revision Date 1200–End ...... (869–044–00203–5) ...... 21.00 Oct. 1, 2001 50 Parts: 1–199 ...... (869–044–00204–3) ...... 63.00 Oct. 1, 2001 200–599 ...... (869–044–00205–1) ...... 36.00 Oct. 1, 2001 600–End ...... (869–044–00206–0) ...... 55.00 Oct. 1, 2001 CFR Index and Findings Aids ...... (869–048–00047–0) ...... 59.00 Jan. 1, 2002 Complete 2001 CFR set ...... 1,195.00 2001 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2000 Individual copies ...... 2.00 2000 Complete set (one-time mailing) ...... 290.00 2000 Complete set (one-time mailing) ...... 247.00 1999 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2001, through January 1, 2002. The CFR volume issued as of January 1, 2001 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2001. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2001, through April 1, 2002. The CFR volume issued as of April 1, 2001 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2002. The CFR volume issued as of July 1, 2001 should be retained.

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