4–14–03 Monday Vol. 68 No. 71 Apr. 14, 2003 Pages 17877–18080
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1 II Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003
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2 III
Contents Federal Register Vol. 68, No. 71
Monday, April 14, 2003
Advisory Council on Historic Preservation Air pollution; standards of performance for new stationary See Historic Preservation, Advisory Council sources: Gas turbines, 17989–18002 Agriculture Department Air programs; approval and promulgation; State plans for See Animal and Plant Health Inspection Service designated facilities and pollutants: See Forest Service Florida, 17883–17885 See National Agricultural Statistics Service PROPOSED RULES Air pollution; standards of performance for new stationary Animal and Plant Health Inspection Service sources: PROPOSED RULES Gas turbines, 18002–18005 Exportation and importation of animals and animal Air programs; approval and promulgation; State plans for products: designated facilities and pollutants: Foot-and-mouth disease; disease status change— Florida, 17903 Uruguay, 17886 Solid wastes: Project XL (eXcellence and Leadership) program; site- Arts and Humanities, National Foundation specific projects— See National Foundation on the Arts and the Humanities IBM semiconductor manufacturing facility, Hopewell Junction, NY, 18051–18059 Centers for Disease Control and Prevention NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 17937–17939 submissions, and approvals, 17951–17953 Meetings: Science Advisory Board, 17939–17941 Commerce Department Reports and guidance documents; availability, etc.: See Industry and Security Bureau Carcinogen risk assessment and cancer susceptibility See National Oceanic and Atmospheric Administration assessment from early-life exposure to carcinogens, 17941 Committee for the Implementation of Textile Agreements NOTICES Federal Aviation Administration Textile and apparel categories: RULES African Growth and Opportunity Act; short supply Airworthiness directives: requests— Eurocopter France, 17879–17880 PROPOSED RULES Light- and medium-weight dyed warp pile cotton Airworthiness directives: velvet, 17926–17927 Airbus, 17893–17896 Class E airspace; correction, 17987 Comptroller of the Currency PROPOSED RULES Federal Bureau of Investigation Corporate activities: NOTICES Electronic filings by national banks, 17890–17893 Meetings: Criminal Justice Information Services Advisory Policy Education Department Board, 17966 NOTICES Agency information collection activities; proposals, Federal Communications Commission submissions, and approvals, 17927–17928 NOTICES Agency information collection activities; proposals, Employee Benefits Security Administration submissions, and approvals, 17941–17942 RULES Mental Health Parity Act; implementation, 18047–18050 Federal Energy Regulatory Commission NOTICES Energy Department Environmental statements; availability, etc.: See Federal Energy Regulatory Commission Alabama Power Co., 17935 PROPOSED RULES Northwest Pipeline Corp., 17935–17936 Polygraph Examination Regulations; counterintelligence Practice and procedure: polygraph program, 17886–17890 Off-the-record communications, 17936–17937 Applications, hearings, determinations, etc.: Environmental Protection Agency ANR Pipeline Co., 17928–17929 RULES CenterPoint Energy Gas Transmission Co., 17929 Air pollutants, hazardous; national emission standards: Dominion Cove Point LNG, LP, 17929–17930 Coke ovens; pushing, quenching, and battery stacks, Enbridge Pipelines (KPC), 17930 18007–18040 Freeport LNG Development, L.P., 17930–17931 Flexible polyurethane foam fabrication operations, Neptune Regional Transmission System, LLC, 17931– 18061–18080 17932
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PG&E Gas Transmission, Northwest Corp., 17932 See Food and Drug Administration Quonset Point Cogen, L.P., 17932 See Health Resources and Services Administration Reliant Energy Mid-Atlantic Power Holdings, LLC, 17933 NOTICES San Diego Gas & Electric Co. et al., 17933 Grants and cooperative agreements; availability, etc.: Southern Star Central Gas Pipeline, Inc., 17934 Family planning; male reproductive health research, Tennessee Gas Pipeline Co., 17934 18041–18045 Transcontinental Gas Pipe Line Corp., 17934–17935 Protection of human subjects: Vector Pipeline L.P., 17935 Alcohol, sleep, and circadian rhythms in young humans; research protocol, 17950–17951 Federal Housing Finance Board NOTICES Health Resources and Services Administration Federal home loan bank system: NOTICES Community support review; members selected for review; Grants and cooperative agreements; availability, etc.: list, 17942–17949 Poison Control Program; Poison Control Centers Stabilization and Enhancement Program; Financial Federal Reserve System Stabilization Supplemental Grants; withdrawn, 17961 NOTICES Banks and bank holding companies: Historic Preservation, Advisory Council Formations, acquisitions, and mergers, 17949–17950 NOTICES Meetings, 17906 Fish and Wildlife Service NOTICES Indian Affairs Bureau Environmental statements; notice of intent: NOTICES Ohio Natural Resources Department; Federal grant use, Agency information collection activities; proposals, 17961–17962 submissions, and approvals, 17962–17963
Food and Drug Administration Industry and Security Bureau RULES NOTICES Animal drugs, feeds, and related products: Export privileges, actions affecting: Sponsor name and address changes— Talyi, Yaudat Mustafa, et al.; correction, 17987 Merial Ltd., 17881–17883 Human drugs: Interior Department Cold, cough, allergy, bronchodilator, and antiasthmatic See Fish and Wildlife Service products (OTC)— See Indian Affairs Bureau Combination products; final monograph; correction, See Land Management Bureau 17881 See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Food for human consumption: International Trade Commission Current good manufacturing practice— NOTICES Dietary supplements and dietary supplement Import investigations: ingredients; correction, 17896 Ball bearings from— NOTICES China, 17963–17964 Human drugs: Display controllers and products containing same, 17964 Estrogen-androgen combination drugs; efficacy study Polyvinyl alcohol from— implementation; amendment and hearing, 17953– China and Korea, 17964–17966 17957 New drug applications— Justice Department Phamacia & Upjohn et al.; approval withdrawn, 17957– See Federal Bureau of Investigation 17958 Meetings: Labor Department Antiviral Drugs Advisory Committee, 17958 See Employee Benefits Security Administration Peripheral and Central Nervous System Drugs Advisory Committee, 17958–17959 Land Management Bureau Pharmaceutical Science Advisory Committee, 17959 NOTICES Team Biologics Program Effectiveness, 17959–17960 Meetings: Vaccines and Related Biological Products Advisory Resource Advisory Councils— Committee, 17960 Utah, 17963 Forest Service National Aeronautics and Space Administration NOTICES NOTICES Environmental statements; notice of intent: Meetings: Beaverhead-Deerlodge National Forest, MT, 17906–17907 Advisory Council Kootenai National Forest, MT, 17907–17909 Biological and Physical Research Advisory Committee, Meetings: 17966–17967 Resource Advisory Committees— Trinity County, 17909 National Agricultural Statistics Service NOTICES Health and Human Services Department Agency information collection activities; proposals, See Centers for Disease Control and Prevention submissions, and approvals, 17909
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National Archives and Records Administration State Department NOTICES NOTICES Agency record schedules; availability, 17967–17968 Agency information collection activities; proposals, submissions, and approvals, 17982–17983 National Foundation on the Arts and the Humanities Grants and cooperative agreements; availability, etc.: RULES Middle East and North Africa; human rights and Supplemental standards of ethical conduct for Institute of democratization initiatives, 17983–17984 Museum and Library Sciences employees, 17877–17879 Meetings: Public Diplomacy, U.S. Advisory Commission, 17984 National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Statistical Reporting Service Northeastern United States fisheries— See National Agricultural Statistics Service Atlantic herring, 17903–17905 NOTICES Surface Mining Reclamation and Enforcement Office Marine mammals: PROPOSED RULES Incidental taking; authorization letters, etc.— Permanent program and abandoned mine land reclamation Lamont-Doherty Earth Observatory; Hess Deep, Eastern plan submissions: Equatorial Pacific Ocean; cetaceans and pinnipeds, West Virginia, 17896–17903 17909–17920 Stock assessment reports and guidelines; availability, Surface Transportation Board 17920–17924 NOTICES Meetings: Railroad operation, acquisition, construction, etc.: Gulf of Mexico Fishery Management Council, 17924– Corman, Richard J., 17984–17985 17925 Permits: Lexington & Ohio Railroad Co., Inc., 17985 Exempted fishing, 17925–17926 R.J. Corman Equipment Co., LLC, 17985
National Science Foundation Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Meetings: Agreements Geosciences Advisory Committee, 17968–17969 Transportation Department Nuclear Regulatory Commission See Federal Aviation Administration PROPOSED RULES See Surface Transportation Board Fee schedules revision; 94% fee recovery (2003 FY) Correction, 17987 NOTICES Treasury Department Applications, hearings, determinations, etc.: See Comptroller of the Currency Advanced Medical Imaging & Nuclear Services, 17969 NOTICES Boycotts, international: Personnel Management Office Countries requiring cooperation; list, 17985–17986 NOTICES Agency information collection activities; proposals, submissions, and approvals, 17969 Separate Parts In This Issue Railroad Retirement Board NOTICES Part II Agency information collection activities; proposals, Environmental Protection Agency, 17989–18002 submissions, and approvals, 17969–17970 18005 Securities and Exchange Commission Part III RULES Environmental Protection Agency, 18007–18040 Securities: Annual and quarterly reports; acceleration of periodic filing dates and disclosure concerning web site Part IV access to reports; correction, 17880–17881 Health and Human Services Department, 18041–18045 NOTICES Self-regulatory organizations; proposed rule changes: Part V American Stock Exchange LLC, 17970–17972 Labor Department, Employee Benefits Security National Association of Securities Dealers, Inc., 17972– Administration, 18047–18050 17976 Philadelphia Stock Exchange, Inc., 17976–17982 Part VI Small Business Administration Environmental Protection Agency, 18051–18059 NOTICES Disaster loan areas: Part VII West Virginia, 17982 Environmental Protection Agency, 18061–18080
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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.
5 CFR Ch. 67 ...... 17877 9 CFR Proposed Rules: 94...... 17886 10 CFR Proposed Rules: 171...... 17987 709...... 17886 12 CFR Proposed Rules: 5...... 17890 14 CFR 39...... 17879 Proposed Rules: 39...... 17893 71...... 17987 17 CFR 210...... 17880 21 CFR 341...... 17881 510...... 17881 558...... 17881 Proposed Rules: 111...... 17896 29 CFR 2590...... 18048 30 CFR Proposed Rules: 948...... 17896 40 CFR 60...... 17990 62...... 17883 63 (2 documents) ...... 18008, 18062 Proposed Rules: 60...... 18003 62...... 17903 261...... 18052 50 CFR Proposed Rules: 648...... 17903
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Rules and Regulations Federal Register Vol. 68, No. 71
Monday, April 14, 2003
This section of the FEDERAL REGISTER 1. Background employment when the outside contains regulatory documents having general On August 7, 1992, OGE published in employment involves a prohibited applicability and legal effect, most of which source. In identifying a ‘‘prohibited are keyed to and codified in the Code of the Federal Register new Standards of Ethical Conduct for Employees of the source’’ for purposes of this prior Federal Regulations, which is published under approval requirement, IMLS will apply 50 titles pursuant to 44 U.S.C. 1510. Executive branch (the ‘‘Standards’’) (57 FR 35006–35067). The Standards, as the definition of that term found in the The Code of Federal Regulations is sold by corrected and amended, are codified at Standards at 5 CFR 2635.203(d). Thus, the Superintendent of Documents. Prices of 5 CFR part 2635 and generally became an employee would have to obtain new books are listed in the first FEDERAL effective February 3, 1993. Those approval before engaging in outside REGISTER issue of each week. regulations established uniform employment with any person (including standards of ethical conduct that apply an organization more than half of whose to all executive branch personnel. members are persons) seeking official NATIONAL FOUNDATION ON THE With the concurrence of OGE, 5 CFR action by IMLS; doing business or ARTS AND THE HUMANITIES 2635.150 authorizes executive branch seeking to do business with IMLS; conducting activities regulated by IMLS; 5 CFR Chapter LXVII agencies to publish agency-specific supplemental regulations necessary to or having interests that may be implement their respective ethics substantially affected by the RIN 3137–AA15 programs. With OGE’s concurrence, performance or nonperformance of the IMLS has determined that the following employee’s official duties. Section Supplemental Standards of Ethical supplemental regulations contained in a 7701.102(a) also requires written Conduct for Employees of the Institute new chapter LXVII, consisting of part requests for approval to be submitted to of Museum and Library Services 7701, of 5 CFR as set forth in this the employee’s immediate supervisor and his or her Designated Agency Ethics AGENCY: interim rule are necessary to implement Institute of Museum and Officials and specifies the information Library Services (IMLS). IMLS’s ethics program successfully, in light to of IMLS’ programs and to be included in the employee’s ACTION: Interim final rule, with request operations. request. Section 7701.102(b) states the for comments. standard to be used in approving or II. Analysis of the Regulations denying requests for approval of outside SUMMARY: The Institute of Museum and Section 7701.101 General employment. The basis of denial, if any, Library Services, with the concurrence must be found in applicable statutes or Section 7701.101 explains that the of the Office of Government Ethics Federal regulations, including the regulations contained in this interim (OGE), is issuing regulations for officers executive branchwide Standards and rule will apply to all IMLS employees and employees of IMLS that supplement this part. the Standards of Ethical Conduct for and are supplemental to the executive Section 7701.102(c) defines outside Employees of the Executive Branch branchwide standards. Employees of employment as including any form of issued by OGE. The supplemental IMLS are also subject to the Standards compensated or uncompensated non- regulations require IMLS employees to of Ethical Conduct for Employees of the Federal employment or business obtain prior written approval to engage Executive Branch at 5 CFR part 2635, relationship involving the provision of in certain outside employment or the executive branch financial personal services by the employee. It related activities. disclosure and financial interests includes writing done under regulations at 5 CFR parts 2634 and arrangement with another person for EFFECTIVE DATE: These regulations take 2640, and the executive branch effect on April 14, 2003. Comments are production or publication of the written employees responsibilities and conduct product. invited and must be received on or regulations at 5 CFR part 735. before May 14, 2003. III. Matters of Regulatory Procedure Section 7701.102 Prior-Approval for ADDRESSES: Send comments by mail to Outside Employment Waiver of Proposed Rulemaking Nancy E. Weiss, General Counsel, Institute of Museum and Library Under 5 CFR 2635.803, an agency that As Director of IMLS, I have found Services, 1100 Pennsylvania Avenue, determines if is necessary or desirable good cause pursuant to 5 U.S.C. 553(b) NW., Suite 802, Washington, DC 20506, for the purpose of administering its and (d)(3) for waiving, as unnecessary or by e-mail to [email protected]. ethics program may, by supplemental and contrary to the public interest, the regulation with OGE’s concurrence and general notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: co-signature, require its employees to and the 30-day delay in effectiveness as Nancy E. Weiss, General Counsel, obtain written approval before engaging to this interim rule. The reason for this Institute of Museum and Library in outside employment. IMLS has determination is that this rulemaking is Services, Suite 802, 1100 Pennsylvania determined that it is necessary to the related to IMLS’ organization, procedure Avenue, NW., Washington, DC 20506. administration of its ethics program to and practice. Nonetheless, this is an Telephone (202) 606–5414; e-mail institute the requirement that interim rulemaking with provision for a [email protected]. Individuals who use a employment that may pose the most 30-day public comment period. IMLS telecommunications device for the deaf potential for employees to violate will review all comments received (TDD) may contact IMLS’ TDD terminal applicable conflict laws and regulations. during the comment period and will at (202) 606–8636. Therefore, subsection 7701.102(a) consider any modifications that appear SUPPLEMENTARY INFORMATION: requires prior approval of outside appropriate in adopting these rules as
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final with the concurrence and co- Dated: March 7, 2003. work and approximate dates of signature of the Office of Government Robert S. Martin, employment; Ethics. Director, Institute of Museum and Library (2) A brief description of the Services. employee’s official IMLS duties and a Regulatory Flexibility Act Approved: March 26, 2003. brief description of the employee’s As Director of IMLS, I have Amy L. Comstock, discipline or inherent area of expertise determined under the Regulatory Director, Office of Government Ethics. based on experience of educational Flexibility Act (5 U.S.C. chapter 6) that background; ■ this regulation will not have a For the reasons set forth in the pre- (3) The employee’s certification that significant economic impact on a amble, the Institute of Museum and the outside employment will not substantial number of small entities Library Services, with the concurrence of depend on information obtained as a because it only affects IMLS employees. the Office of Government Ethics, is result of the employee’s official amending title 5 of the Code of Federal Government position and that no Paperwork Reduction Act Regulations, by adding a new chapter official duty time or Government LXVII, consisting of part 7701, to read as property, resources, or facilities not As Director of IMLS, I have follows: determined that the Paperwork available to the general public will be Reduction Act (44 U.S.C. chapter 35) CHAPTER LXVII—INSTITUTE OF MUSEUM used in connection with the outside does not apply because these AND LIBRARY SERVICES employment; and regulations do not contain any (4) Responses to the following: PART 7701—SUPPLEMENTAL information collection requirements that (i) Whether the proposed outside STANDARDS OF ETHICAL CONDUCT require the approval of the Office of employment will pertain to a matter to FOR EMPLOYEES OF THE INSTITUTE Management and Budget. which the employee is presently OF MUSEUM AND LIBRARY SERVICES assigned or has been assigned within Executive Order 12866 Sec. the last year; In promulgating this interim rule, 7701.101 Purpose. (ii) Whether the proposed outside IMLS has adhered to the regulatory 7701.102 Prior approval for outside employment pertains to an ongoing or philosophy and the applicable employment. announced agency policy or program; principles of regulation set forth in Authority: 5 U.S.C. 7301, 5 U.S.C. App. (iii) Whether the sponsor of the section 1 of Executive Order 12866, (Ethics in Government Act of 1978); E.O. proposed outside employment has any Regulatory Planning and Review. This 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. interests before IMLS that may be rule has not been reviewed by the Office 215, as modified by E.O. 12731, 55 FR 42547, substantially affected by the 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, performance or nonperformance of the of Management and Budget under that 2635.803. Executive Order, since it deals with employee’s duties; agency organization, management, and § 7701.101 Purpose. (iv) Whether the employee intends to refer to his or her official IMLS position personnel matters and is not in any In accordance with 5 CFR 2635.105, during the proposed outside event deemed ‘‘significant’’ thereunder. the regulations of this part apply to employment and if so, the text of any employees of the Institute of Museum Executive Order 12988 disclaimers that he or she will use; and Library Services (IMLS) and (v) Whether the employee will receive As Director of IMLS, I have reviewed supplement the Standards of Ethical any payment or compensation for the this interim rule in light of section 3 of Conduct for Employees of the Executive proposed outside employment; and Executive Order 12988, Civil Justice Branch contained in 5 CFR part 2635. In (vi) Whether the proposed outside Reform, and certify that it meets the addition to the regulations in 5 CFR part employment will involve teaching a applicable standards provided therein. 2635 and this part, employees of IMLS course which is part of the established are subject to the executive branch Unfunded Mandates Reform Act curriculum of an accredited institution employee responsibilities and conduct of higher education, secondary school, regulations at 5 CFR part 735, the For purposes of the Unfunded elementary school, or an education or executive branch financial disclosure Mandates Reform Act of 1995 (2 U.S.C. training program sponsored by a regulations at 5 CFR part 2634, and the chapter 25, subchapter II), this rule will Federal, State or local government executive branch financial interests not significantly or uniquely affect small entity. regulations at 5 CFR part 2640. governments and will not result in (b) Approval shall be granted only increased expenditures by State, local, § 7701.102 Prior approval for outside upon determination that the outside and tribal governments, or by the employment. employment is not expected to involve private sector, of $100 million or more (a) Before engaging in any outside conduct prohibited by statute or Federal (as adjusted for inflation) in any one employment with a prohibited source regulation, including 5 CFR part 2635 year. within the meaning of 5 CFR and this part. Congressional Review Act 2635.203(d), whether or not for (c) Outside employment means any compensation, an employee other than form of compensated or uncompensated IMLS has determined that this a special Government employee must non-Federal employment or business rulemaking is a nonrule under the obtain written approval from his or her relationship involving the provision of Congressional Review Act (5 U.S.C. immediate supervisor and the personal services by the employee. It chapter 8), since it deals with agency Designated Agency Ethics Official. The includes, but is not limited to, personal management, organization and request for approval shall include the services such as acting as an officer, personnel matters. following: director, employee, trustee, agent, List of Subjects in 5 CFR Part 7701 (1) The name of the person, group, or attorney, consultant, contractor, general organization for which the work is to be partner, teacher or speaker. It includes Conflict of interests, Standards of performed, the type of work to be writing when done under an conduct, Government employees. performed, and the proposed hours of arrangement with another person for
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production or publication of the written installed, replacing the PCB with an responsibilities among the various product. airworthy PCB with resistor R8 installed levels of government. Therefore, it is [FR Doc. 03–8989 Filed 4–11–03; 8:45 am] within 50 hours TIS. determined that this final rule does not The Direction Generale De L’Aviation have federalism implications under BILLING CODE 7036–01–M Civile (DGAC), the airworthiness Executive Order 13132. authority for France, notified the FAA For the reasons discussed above, I that an unsafe condition may exist on certify that this action (1) is not a DEPARTMENT OF TRANSPORTATION Eurocopter Model AS350B3 helicopters. ‘‘significant regulatory action’’ under The DGAC advises that the absence of Federal Aviation Administration Executive Order 12866; (2) is not a a resistor R8 on the ASU No. 2 boards ‘‘significant rule’’ under DOT can lead to a malfunction of the electric 14 CFR Part 39 Regulatory Policies and Procedures (44 circuits supplying the ‘‘BATT. TEMP.’’ FR 11034, February 26, 1979); and (3) [Docket No. 2002–SW–05–AD; Amendment red warning light, the ‘‘ENGINE CHIP’’ will not have a significant economic 39–13116; AD 2003–08–05] amber caution light, and the rotor RPM impact, positive or negative, on a RIN 2120–AA64 signal output to the VEMD. substantial number of small entities Eurocopter has issued Service under the criteria of the Regulatory Airworthiness Directives; Eurocopter Bulletin No. 77.00.07, dated March 27, Flexibility Act. A final evaluation has France Model AS350B3 Helicopters 2000, which specifies checking to been prepared for this action and it is determine if the resistor R8 is installed contained in the Rules Docket. A copy AGENCY: Federal Aviation on the PCB within 25 hours time-in- of it may be obtained from the FAA, Administration, DOT. service (TIS) and, if a resistor R8 is not Office of the Regional Counsel, ACTION: Final rule. installed, replacing the PCB with one Southwest Region, 2601 Meacham that has a resistor R8 installed within 50 SUMMARY: This amendment adopts a Blvd., Room 663, Fort Worth, Texas hours TIS. The DGAC classified this 76137. new airworthiness directive (AD) for the service bulletin as mandatory and specified Eurocopter France issued AD No. 2001–319–083(A), dated List of Subjects in 14 CFR Part 39 (Eurocopter) model helicopters that July 25, 2001, to ensure the continued Air transportation, Aircraft, Aviation requires inspecting the ASU No. 2 airworthiness of these helicopters in safety, Safety. printed circuit board (PCB) to determine France. if the resistor R8 is installed, and if it Interested persons have been afforded Adoption of the Amendment is not installed, replacing the PCB with an opportunity to participate in the ■ an airworthy PCB with that resistor making of this amendment. No Accordingly, pursuant to the authority installed. This amendment is prompted comments were received on the delegated to me by the Administrator, by the discovery of a PCB without a proposal or the FAA’s determination of the Federal Aviation Administration critical resistor that polarizes the voltage the cost to the public. The FAA has amends part 39 of the Federal Aviation regulator that regulates electrical power determined that air safety and the Regulations (14 CFR part 39) as follows: to a critical warning light, a critical public interest require the adoption of PART 39—AIRWORTHINESS caution light, and the main rotor the rule as proposed. DIRECTIVES revolutions per minute (RPM) signal to On July 10, 2002, the FAA issued a the vehicle engine management display new version of 14 CFR part 39 (67 FR ■ 1. The authority citation for part 39 (VEMD). The actions specified by this 47997, July 22, 2002), which governs the continues to read as follows: FAA’s AD system. The regulation now AD are intended to prevent the Authority: 49 U.S.C. 106(g), 40113, 44701. malfunction of the two critical lights includes material that relates to altered and the rotor RPM signal to the VEMD, products, special flight permits, and § 39.13 [Amended] failure of these components to timely alternative methods of compliance. ■ 2. Section 39.13 is amended by adding alert the pilot to the associated However, for clarity and consistency in a new airworthiness directive to read as malfunctions, further helicopter damage this final rule, we have retained the follows: because of these malfunctions, and language of the NPRM regarding that subsequent loss of control of the material. 2003–08–05 Eurocopter France: The FAA estimates that 30 helicopters Amendment 39–13116. Docket No. helicopter. 2002–SW–05–AD. of U.S. registry will be affected by this DATES: Effective May 19, 2003. AD, that it will take approximately 1 Applicability: Model AS350B3 helicopters, FOR FURTHER INFORMATION CONTACT: serial numbers (S/N) 3062 and earlier, work hour per helicopter to accomplish certificated in any category. Carroll Wright, Aviation Safety the required actions, and that the Engineer, FAA, Rotorcraft Directorate, Note 1: This AD applies to each helicopter average labor rate is $60 per work hour. identified in the preceding applicability Regulations Group, Fort Worth, Texas Required parts will cost $1,200. The 76193–0111, telephone (817) 222–5120, provision, regardless of whether it has been manufacturer states in its service otherwise modified, altered, or repaired in fax (817) 222–5961. bulletin that PCB’s will be replaced free the area subject to the requirements of this SUPPLEMENTARY INFORMATION: A of charge. Based on these figures, the AD. For helicopters that have been modified, proposal to amend 14 CFR part 39 to total cost impact of the AD on U.S. altered, or repaired so that the performance include an AD for Eurocopter Model operators is estimated to be $37,800, if of the requirements of this AD is affected, the AS350B3 helicopters was published in a PCB is replaced in the entire fleet and owner/operator must request approval for an the Federal Register on January 21, there is no free replacement by the alternative method of compliance in 2003 (68 FR 2714). That action proposed accordance with paragraph (c) of this AD. manufacturer. The request should include an assessment of to require, within 15 hours time-in- The regulations adopted herein will the effect of the modification, alteration, or service (TIS), inspecting the ASU No. 2 not have a substantial direct effect on repair on the unsafe condition addressed by PCB on helicopters with serial numbers the States, on the relationship between this AD; and if the unsafe condition has not 3062 and earlier to determine if the the national Government and the States, been eliminated, the request should include resistor R8 is installed, and if it is not or on the distribution of power and specific proposed actions to address it.
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Compliance: Required as indicated, unless published in the Federal Register on match the phase-in periods described in accomplished previously. Monday, September 16, 2002 (67 FR the adopting release. To prevent malfunction of the electrical 58480). The rules relate to the Accordingly, the amendments set circuits controlling the ‘‘BATT. TEMP.’’ red forth in this document clarify that the warning light, the ‘‘ENGINE CHIP’’ amber acceleration of the filing of quarterly caution and the rotor revolutions-per-minute and annual reports under the Securities phase-in periods applicable to (RPM) signal output to the vehicle engine Exchange Act of 1934 by certain accelerated filers who need to update management display (VEMD), accomplish the accelerated filers. interim information in accordance with following: EFFECTIVE DATE: April 14, 2003. amended rules 3–01 and 3–12 of (a) Within 15 hours time-in-service (TIS), Regulation S–X match the phase-in FOR FURTHER INFORMATION CONTACT: inspect the ASU No. 2 printed circuit board periods for filing quarterly information (PCB), part number SE 03022, to determine Jeffrey J. Minton, Special Counsel, Office of Rulemaking, Division of on Form 10–Q. The corrections clarify if resistor R8 is installed. that updated interim information is (b) If the resistor R8 is not installed, within Corporation Finance, at (202) 942–2910, 50 hours TIS, replace the PCB with an U.S. Securities and Exchange required within 130 days after the end airworthy PCB that has a resistor R8 Commission, 450 Fifth Street, NW., of the registrant’s fiscal year for fiscal installed. Washington, DC 20549–0312. years ending on or after December 15, Note 2: Eurocopter Service Bulletin No. 2003 and before December 15, 2004, and SUPPLEMENTARY INFORMATION: 77.00.07, dated March 27, 2000, pertains to within 125 days after the end of the the subject of this AD. I. Background registrant’s fiscal year for fiscal years (c) An alternative method of compliance or ending on or after December 15, 2004. On September 5, 2002, the adjustment of the compliance time that The changes are technical corrections to Commission adopted,1 among other provides an acceptable level of safety may be clarify the rules as described in the things, changes to rules 3–01 2 and 3– used if approved by the Manager, Regulations original adopting release, and do not Group, Rotorcraft Directorate, FAA. 12 3 of Regulation S–X 4 under the alter the phase-in periods for these Operators shall submit their requests through Securities Act of 1933 (the ‘‘Securities requirements as described in the an FAA Principal Maintenance Inspector, Act’’).5 These rules relate to the original adopting release. who may concur or comment and then send timeliness of financial information in it to the Manager, Regulations Group. Commission filings, such as Securities II. Need for Correction Note 3: Information concerning the Act registration statements and proxy existence of approved alternative methods of As published, the final regulations compliance with this AD, if any, may be statements and information statements contain errors which may prove to be 6 obtained from the Regulations Group. under section 14 of the Securities misleading and are in need of (d) Special flight permits may be issued in Exchange Act of 1934 (the ‘‘Exchange clarification. 7 accordance with 14 CFR 21.197 and 21.199 Act’’). The changes were made to to operate the helicopter to a location where conform the timeliness requirements for Text of Amendments the requirements of this AD can be these filings made by accelerated filers List of Subjects in 17 CFR Part 210 accomplished. to changes adopted to the deadlines for (e) This amendment becomes effective on Forms 10–K 8 and 10–Q 9 for accelerated Reporting and recordkeeping May 19, 2003. filers, as defined in Exchange Act rule requirements, Securities. Note 4: The subject of this AD is addressed 12b–2.10 The new deadlines will be ■ In accordance with the foregoing, the in Direction Generale De L’Aviation Civile phased-in over three years. Commission amends Title 17, chapter II (France) AD 2001–319–083(A), dated July 25, After we adopted the amendments to of the Code of Federal Regulations as fol- 2001. rules 3–01 and 3–12 of Regulation S–X, lows: Issued in Fort Worth, Texas, on April 8, questions arose regarding the 2003. appropriate phase-in period for an PART 210—FORM AND CONTENT OF Michele M. Owsley, accelerated filer required to update AND REQUIREMENTS FOR FINANCIAL Acting Manager, Rotorcraft Directorate, interim financial information in STATEMENTS, SECURITIES ACT OF Aircraft Certification Service. registration statements filed or that 1933, SECURITIES EXCHANGE ACT [FR Doc. 03–9012 Filed 4–11–03; 8:45 am] become effective 134 days after the end OF 1934, PUBLIC UTILITY HOLDING BILLING CODE 4910–13–P of the filer’s fiscal year. This is the COMPANY ACT OF 1935, INVESTMENT period after audited financial statements COMPANY ACT OF 1940, INVESTMENT for the most recently completed fiscal ADVISERS ACT OF 1940, AND SECURITIES AND EXCHANGE year are already required to be filed on ENERGY POLICY AND COMMISSION Form 10–K and on or after the date most CONSERVATION ACT OF 1975 registrants are required to have filed ■ 1. The authority citation for part 210 17 CFR Part 210 interim financial statements for the first continues to read as follows: [Release Nos. 33–8128A; 34–46464A; FR– quarter on Form 10–Q. Concerns arose that the phase-in periods in the Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 63A; File No. S7–08–02] 77z–2, 77aa(25), 77aa(26), 78j–1, 78l, 78m, conforming amendments to rules 3–01 RIN 3235–AI33 78n, 78o(d), 78u–5, 78w(a), 78ll(d), 79e(b), and 3–12 of Regulation S–X do not 79j(a), 79n, 79t(a), 80a–8, 80a–20, 80a–29, Acceleration of Periodic Report Filing 80a–30, 80a–31, 80a–37(a), unless otherwise 1 See Release No. 33–8128 (Sept. 5, 2002) [67 FR Dates and Disclosure Concerning Web noted. 58480]. ■ 2. Section 210.3–01 is amended by Site Access to Reports; Correction 2 17 CFR 210.3–01. 3 17 CFR 210.3–12. revising paragraphs (e)(1) and (i)(2) to AGENCY : Securities and Exchange 4 17 CFR 210.1–01 et seq. read as follows: Commission. 5 15 U.S.C. 77a et seq. § 210.3–01 Consolidatedbalance sheets. ACTION: Final rule; technical 6 15 U.S.C. 78n amendments. 7 15 U.S.C. 78a et seq. * * * * * 8 17 CFR 249.310. (e) * * * SUMMARY: This document contains 9 17 CFR 308a. (1) For accelerated filers (as defined in corrections to final rules which were 10 17 CFR 240.12b–2. § 240.12b–2 of this chapter):
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(i) 135 days for fiscal years ending on DEPARTMENT OF HEALTH AND corrected to read ‘‘Repeat every 2 hours or after December 15, 2002 and before HUMAN SERVICES as needed or as directed by a doctor.’’ December 15, 2003; Dated: April 8, 2003. Food and Drug Administration (ii) 130 days for fiscal years ending on Jeffrey Shuren, or after December 15, 2003 and before 21 CFR Part 341 Assistant Commissioner for Policy. December 15, 2004; and [FR Doc. 03–9067 Filed 4–11–03; 8:45 am] [Docket No. 76N–052G] (iii) 125 days for fiscal years ending BILLING CODE 4160–01–S on or after December 15, 2004; and RIN 0910–AA01 * * * * * Cold, Cough, Allergy, Bronchodilator, DEPARTMENT OF HEALTH AND (i) * * * and Antiasthmatic Drug Products for HUMAN SERVICES (2) For purposes of paragraph (e) of Over-the-Counter Human Use; Final Food and Drug Administration this section, the number of days shall Monograph for Combination Drug Products; Correction be: 21 CFR Parts 510 and 558 (i) For accelerated filers (as defined in AGENCY: Food and Drug Administration, § 240.12b–2 of this chapter): HHS. New Animal Drugs; Change of Sponsor ACTION: (A) 134 days subsequent to the end of Final rule; correction. AGENCY: Food and Drug Administration, the registrant’s most recent fiscal year SUMMARY: The Food and Drug HHS. for fiscal years ending on or after Administration (FDA) is correcting a ACTION: Final rule. December 15, 2002 and before December final rule that appeared in the Federal SUMMARY: 15, 2003; Register of December 23, 2002 (67 FR The Food and Drug Administration (FDA) is amending the (B) 129 days subsequent to the end of 78158). The document issued a final animal drug regulations to reflect a the registrant’s most recent fiscal year monograph that established conditions change of sponsor for seven approved for fiscal years ending on or after under which over-the-counter (OTC) cold, cough, allergy, bronchodilator, and new animal drug applications (NADAs) December 15, 2003 and before December for clopidol Type A medicated articles 15, 2004; and antiasthmatic (cough-cold) combination drug products are generally recognized and combination drug medicated (C) 124 days subsequent to the end of as safe and effective and not misbranded chicken and turkey feeds from Aventis the registrant’s most recent fiscal year as part of its ongoing review of OTC Animal Nutrition, Inc., to Merial Ltd. for fiscal years ending on or after drug products. DATES: This rule is effective April 14, December 15, 2004; and 2003. DATES: The regulation is effective (ii) 134 days subsequent to the end of December 23, 2004. FOR FURTHER INFORMATION CONTACT: the registrant’s most recent fiscal year FOR FURTHER INFORMATION CONTACT: Lonnie W. Luther, Center for Veterinary for all other registrants. Cazemiro R. Martin or Gerald M. Medicine (HFV–102), Food and Drug ■ 3. Section 210.3–12 is amended by Rachanow, Center for Drug Evaluation Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–0209. revising paragraph (g)(1) to read as fol- and Research (HFD–560), Food and lows: Drug Administration, 5600 Fishers SUPPLEMENTARY INFORMATION: Aventis Lane, Rockville, MD 20857, 301–827– Animal Nutrition, Inc., 3480 Preston § 210.3–12 Age of financial statements at 2222. Ridge Rd., suite 650, Alpharetta, GA effective date of registration statement or at 30005–8891, has informed FDA that it SUPPLEMENTARY INFORMATION: In FR Doc. mailing date of proxy statement. 02–32158 appearing on page 78158 in has transferred ownership of, and all * * * * * the Federal Register of Monday, rights and interest in, NADA 34–393, 40–264, 41–541, 44–016, 46–209, 49– (g)(1) For purposes of paragraph (a) of December 23, 2002, the following 934, and 99–150 for clopidol Type A this section, the number of days shall corrections are made: medicated articles and certain be: § 341.40 [Corrected] combination clearances for use in (i) For accelerated filers (as defined in 1. On page 78168, in the second medicated feeds for chickens and § 240.12b–2 of this chapter): column, in Part 341 Cold, Cough, turkeys to Merial Ltd., 3239 Satellite (A) 135 days for fiscal years ending on Allergy, Bronchodilator, and Blvd., Bldg. 500, Duluth, GA 30096– or after December 15, 2002 and before Antiasthmatic Drug Products for Over- 4640. Accordingly, the agency is December 15, 2003; the-Counter Human Use, under the amending the regulations in § 558.175 authority citation, in amendment 2, (21 CFR 558.175) to reflect the transfer (B) 130 days for fiscal years ending on ‘‘Section 341.40 is added to subpart C to of ownership. Section 558.175 is also or after December 15, 2003 and before read as follows:’’ is corrected to read being changed to a table format. December 15, 2004; and ‘‘Section 341.40 is added to subpart B to Following the change of sponsor of (C) 125 days for fiscal years ending on read as follows:’’ these NADAs, Aventis Animal or after December 15, 2004; and Nutrition, Inc., is no longer the sponsor § 341.70 [Corrected] of any approved applications. Therefore, (ii) 135 days for all other registrants. 2. On page 78170, in the second 21 CFR 510.600(c) is being amended to * * * * * column, in § 341.70 Labeling of OTC remove the entries for this sponsor. Dated: April 8, 2003. drug products containing ingredients This rule does not meet the definition Margaret H. McFarland, that are used for treating concurrent of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because symptoms (in either a single-ingredient it is a rule of ‘‘particular applicability.’’ Deputy Secretary. or combination drug product), in Therefore, it is not subject to the [FR Doc. 03–8998 Filed 4–11–03; 8:45 am] paragraph (b), ‘‘Repeat every hour as congressional review requirements in 5 BILLING CODE 8010–01–P needed or as directed by a doctor.’’ is U.S.C. 801–808.
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List of Subjects PART 510—NEW ANIMAL DRUGS PART 558—NEW ANIMAL DRUGS FOR 21 CFR Part 510 USE IN ANIMAL FEEDS ■ 1. The authority citation for 21 CFR ■ Administrative practice and part 510 continues to read as follows: 3. The authority citation for 21 CFR procedure, Animal drugs, Labeling, part 558 continues to read as follows: Authority: 21 U.S.C. 321, 331, 351, 352, Reporting and recordkeeping Authority: 21 U.S.C. 360b, 371. 353, 360b, 371, 379e. requirements. ■ 4. Section 558.175 is revised to read as 21 CFR Part 558 § 510.600 [Amended] follows: Animal drugs, Animal feeds. ■ 2. Section 510.600 Names, addresses, § 558.175 Clopidol. ■ Therefore, under the Federal Food, and drug labeler codes of sponsors of (a) Specifications. Type A medicated Drug, and Cosmetic Act and under approved applications is amended in the article containing 25 percent clopidol. authority delegated to the Commissioner table in paragraph (c)(1) by removing the (b) Approvals. See No. 050604 in § of Food and Drugs and redelegated to the entry for ‘‘Aventis Animal Nutrition, 510.600(c) of this chapter. Center for Veterinary Medicine, 21 CFR Inc.’’ and in the table in paragraph (c)(2) (c) [Reserved] parts 510 and 558 are amended as fol- by removing the entry for ‘‘011526’’. ■ (d) Conditions of use. It is used as fol- lows: lows:
Combination in grams per Clopidol in grams per ton ton Indications for use Limitations Sponsor
(1) 113.5 Broiler chickens and re- Do not feed to chickens over 16 050604 placement chickens in- weeks of age. tended for use as caged layers: As an aid in the prevention of coc- cidiosis caused by E. tenella, E. necatrix, E. acervulina, E. maxima, E. brunetti, and E. mivati. (2) 113.5 Bacitracin methylene disa- Broiler chickens: As in Feed continuously as the sole 050604 licylate 4 to 50 paragraph (d)(1) of this ration from the time chicks section; for increased are placed in floor pens until rate of weight gain. slaughter. Do not feed to chickens over 16 weeks of age; bacitracin methylene di- salicylate as provided by No. 046573 in § 510.600(c) of this chapter. (3) 113.5 Bacitracin 4 to 25 plus Broiler chickens: As in Do not feed to chickens over 16 046573 roxarsone 45.4 paragraph (d)(1) of this weeks of age; withdraw 5 050604 section; for growth pro- days before slaughter; as sole motion, feed efficiency; source of organic arsenic; as improved pigmentation, bacitracin methylene disalicy- and increased rate of late or bacitracin zinc pro- weight gain. vided by No. 046573 in § 510.600(c) of this chapter. (4) 113.5 Bacitracin zinc 5 to 25 Broiler chickens: As in Feed continuously as sole ra- 046573 paragraph (d)(1) of this tion; bacitracin zinc as pro- 050604 section; for increased vided by No. 046573 in rate of weight gain and § 510.600(c) of this chapter. improved feed efficiency. (5) 113.5 Chlortetracycline 100 to Broiler and replacement Feed continuously as sole ration 050604 200 chickens: As in para- from the time chicks are graph (d)(1) of this sec- placed in floor pens for 7 to tion; for control of infec- 14 days. tious synovitis caused by Mycoplasma synoviae susceptible to chlortetracycline. (6) 113.5 Lincomycin 2 to 4 Broiler chickens: As in Do not feed to chickens over 16 000009 paragraph (d)(1) of this weeks of age; as lincomycin section; for increased hydrochloride monohydrate. rate of weight gain and improved feed efficiency. (7) 113.5 Roxarsone 45.4 Broiler and replacement Do not feed to chickens over 16 050604 chickens intended for weeks of age; withdraw 5 use as caged layers: As days before slaughter; as sole in paragraph (d)(1) of source of organic arsenic. this section; for growth promotion, feed effi- ciency; and improved pigmentation.
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Combination in grams per Clopidol in grams per ton ton Indications for use Limitations Sponsor
(8) 227 Broiler and replacement Feed continuously as the sole 050604 chickens intended for ration; feed up to 16 weeks of use as caged layers: As age if intended for use as in paragraph (d)(1) of caged layers; withdraw 5 this section. days before slaughter if given at the level of 0.025 percent in feed or reduce level to 0.0125 percent 5 days before slaughter. (9) 113.5 or 227 Turkeys: As an aid in the For turkeys grown for meat pur- 050604 prevention of poses only; feed continuously leucocytozoonosis as the sole ration at 0.0125 or caused by 0.025 percent clopidol de- Leucocytozoon smithi. pending on management practices, degree of expo- sure, and amount of feed eaten; withdraw 5 days before slaughter.
Dated: March 25, 2003. during normal business hours at the This action approves the State Plan Steven D. Vaughn, above listed Region 4 location. Anyone submitted by FDEP for the State of Director, Office of New Animal Drug interested in examining this document Florida to implement and enforce Evaluation, Center for Veterinary Medicine. should make an appointment with the subpart DDDD, as it applies to existing [FR Doc. 03–9028 Filed 4–11–03; 8:45 am] office at least 24 hours in advance. CISWI units only. BILLING CO DE 4160–01–S FOR FURTHER INFORMATION CONTACT: II. Discussion Joydeb Majumder at (404) 562–9121 or FDEP submitted to EPA on November Heidi LeSane at (404) 562–9035. ENVIRONMENTAL PROTECTION 29, 2001, the following in their 111(d)/ SUPPLEMENTARY INFORMATION: AGENCY 129 State Plan for implementing and I. Background enforcing the EG for existing CISWIs 40 CFR Part 62 under their direct jurisdiction in the On December 1, 2000, pursuant to State of Florida: Public Participation- [FL–094–200316a; FRL–7481–8] sections 111 and 129 of the Clean Air Demonstration that the Public Had Act (Act), EPA promulgated new source Approval and Promulgation of State Adequate Notice and Opportunity to performance standards (NSPS) Plan for Designated Facilities and Submit Written Comments and Attend applicable to new CISWIs and EG Pollutants: Florida the Public Hearing; Legal Authority; applicable to existing CISWIs. The Emission Limits and Standards; AGENCY: Environmental Protection NSPS and EG are codified at 40 CFR Compliance Schedule; Inventory of Agency (EPA). part 60, subparts CCCC and DDDD, CISWI Plants/Units; CISWI Emissions ACTION: Direct final rule. respectively. Subparts CCCC and DDDD Inventory; Source Surveillance, regulate the following: Particulate Compliance Assurance and Enforcement SUMMARY: EPA is approving the sections matter, opacity, sulfur dioxide, Procedures; Submittal of Progress 111(d)/129 plan submitted by the hydrogen chloride, oxides of nitrogen, Reports to EPA; and applicable State of Florida Department of Environmental carbon monoxide, lead, cadmium, Florida statutes and rules of the FDEP. Protection (FDEP) for the State of mercury, and dioxins and The approval of the Florida State Plan Florida on November 29, 2001, for dibenzofurans. is based on finding that: (1) FDEP implementing and enforcing the Section 129(b)(2) of the Act requires provided adequate public notice of Emissions Guidelines (EG) applicable to States to submit to EPA for approval public hearings for the EG for CISWIs, existing Commercial and Industrial State Plans that implement and enforce and (2) FDEP also demonstrated legal Solid Waste Incineration (CISWI) units the EG. State Plans must be at least as authority to adopt emission standards that commenced construction on or protective as the EG, and become and compliance schedules; enforceable before November 30, 1999. Federally enforceable upon approval by applicable laws, regulations, standards, DATES: This direct final rule is effective EPA. The procedures for adoption and and compliance schedules; the ability to June 13, 2003 without further notice, submittal of State Plans are codified in seek injunctive relief; obtain unless EPA receives adverse comments 40 CFR part 60, subpart B. EPA information necessary to determine by May 14, 2003. If adverse comments originally promulgated the subpart B compliance; require record keeping; are received, EPA will publish a timely provisions on November 17, 1975. EPA conduct inspections and tests; require withdrawal of the direct final rule in the amended subpart B on December 19, the use of monitors; require emission Federal Register and inform the public 1995, to allow the subparts developed reports of owners and operators; and that the rule will not take effect. under section 129 to include make emission data publicly available. ADDRESSES: All comments should be specifications that supersede the general FDEP cites the following references addressed to: Joydeb Majumder, EPA provisions in subpart B regarding the for the legal authority: The Florida Region 4, Air Toxics and Management schedule for submittal of State Plans, Statues (F.S.), sections 403.031 Branch, 61 Forsyth Street, SW., Atlanta, the stringency of the emission definitions, 403.061 powers and duties, Georgia 30303–3104. Copies of materials limitations, and the compliance 403.0872 Title V air operating permits, submitted to EPA may be examined schedules. and 403.8055 authority to adopt federal
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standards by reference. Subsections data, correlated with emission standards this reason, this action is also not 403.061(6), (7), (8), and (13), F.S., gives that apply, available to the general subject to Executive Order 13211, the authority for obtaining information, public. ‘‘Actions Concerning Regulations That requiring record keeping, and using The State Plan outlines the authority Significantly Affect Energy Supply, monitors. Most importantly, subsection to meet the requirements of monitoring, Distribution, or Use’’ (66 FR 28355, May 403.061(35), F.S., gives FDEP the record keeping, reporting, and 22, 2001). This action merely approves authority to exercise the duties, powers, compliance assurance. This portion of state law as meeting Federal and responsibilities required of the state the Plan has been reviewed and requirements and imposes no additional under the Act. The sections of Florida approved as being at least as protective requirements beyond those imposed by Statues that give authority for as Federal requirements for existing state law. Accordingly, the compliance and enforcement are CISWI units. Administrator certifies that this rule 403.121 judicial and administrative As stated in the Plan, FDEP will will not have a significant economic remedies, 403.131 injunctive relief, provide progress reports of plan impact on a substantial number of small 403.141 civil remedies, and 403.161 implementation updates to the EPA on entities under the Regulatory Flexibility civil and criminal penalties. Finally, an annual basis. These progress reports Act (5 U.S.C. 601 et seq.). Because this section 119.07, F.S., is the authority for will include the required items pursuant rule approves pre-existing requirements making the information available to the to 40 CFR part 60, subpart B. This under state law and does not impose public. portion of the plan has reviewed and any additional enforceable duty beyond An enforcement mechanism is a legal approved as meeting the Federal that required by state law, it does not instrument by which the FDEP can requirement for State Plan reporting. contain any unfunded mandate or enforce a set of standards and This action approves the State Plan significantly or uniquely affect small conditions. The FDEP has adopted 40 submitted by FDEP for the State of governments, as described in the CFR 60, subpart DDDD, into Chapter Florida to implement and enforce Unfunded Mandates Reform Act of 1995 62–204 of the Florida Administrative subpart DDDD, as it applies to existing (Pub. L. 104–4). Code, thereby making it an enforceable CISWI units only. This rule also does not have tribal rule. Therefore, FDEP’s mechanism for implications because it will not have a III. Final Action enforcing the standards and conditions substantial direct effect on one or more of 40 CFR 60, subpart DDDD, is Rule This action approves the State Plan Indian tribes, on the relationship 62.204.800(8)(f), F.A.C. On the basis of submitted by FDEP for the State of between the Federal Government and these statutes and rules of the State of Florida to implement and enforce Indian tribes, or on the distribution of Florida, the State Plan is approved as subpart DDDD, as it applies to existing power and responsibilities between the being at least as protective as the CISWI units only. The EPA is Federal Government and Indian tribes, Federal requirements for existing CISWI publishing this rule without prior as specified by Executive Order 13175 units. proposal because the Agency views this (65 FR 67249, November 9, 2000). This FDEP adopted by reference, all as a noncontroversial submittal and action also does not have Federalism emission standards and limitations anticipates no adverse comments. implications because it does not have applicable to existing CISWI units. However, in the proposed rules section substantial direct effects on the States, These standards and limitation have of this Federal Register publication, on the relationship between the national been approved as being at least as EPA is publishing a separate document government and the States, or on the protective as the Federal requirements that will serve as the proposal to distribution of power and contained in subpart DDDD for existing approve the State Implementation Plan responsibilities among the various CISWI units. (SIP) revision should adverse comments levels of government, as specified in FDEP submitted the compliance be filed. This rule will be effective June Executive Order 13132 (64 FR 43255, schedule for CISWIs under their 13, 2003 without further notice unless August 10, 1999). This action merely jurisdiction in the State of Florida. This the Agency receives adverse comments approves a state rule implementing a portion of the Plan has been reviewed by May 14, 2003. Federal standard, and does not alter the and approved as being at least as If the EPA receives such comments, relationship or the distribution of power protective as Federal requirements for then EPA will publish a document and responsibilities established in the existing CISWI units. withdrawing the final rule and Clean Air Act. This rule also is not FDEP submitted an emissions informing the public that the rule will subject to Executive Order 13045 inventory of all designated pollutants not take effect. All public comments ‘‘Protection of Children from for CISWI units under their jurisdiction received will then be addressed in a Environmental Health Risks and Safety in the State of Florida. This portion of subsequent final rule based on the Risks’’ (62 FR 19885, April 23, 1997), the Plan has been reviewed and proposed rule. The EPA will not because it is not economically approved as meeting the Federal institute a second comment period. significant. requirements for existing CISWI units. Parties interested in commenting should In reviewing SIP submissions, EPA’s FDEP includes its legal authority to do so at this time. If no such comments role is to approve state choices, require owners and operators of are received, the public is advised that provided that they meet the criteria of designated facilities to maintain records this rule will be effective on June 13, the Clean Air Act. In this context, in the and report to their Agency the nature 2003, and no further action will be absence of a prior existing requirement and amount of emissions and any other taken on the proposed rule. for the State to use voluntary consensus information that may be necessary to standards (VCS), EPA has no authority enable their Agency to judge the IV. Statutory and Executive Order to disapprove a SIP submission for compliance status of the facilities in Reviews failure to use VCS. It would thus be Appendix B of the State Plan. In Under Executive Order 12866 (58 FR inconsistent with applicable law for Appendix B, FDEP also submits its legal 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, authority to provide for periodic not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission inspection and testing and provisions therefore is not subject to review by the that otherwise satisfies the provisions of for making reports of CISWI emissions Office of Management and Budget. For the Clean Air Act. Thus, the
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requirements of section 12(d) of the This action is not a ‘‘major rule’’ as PART 62—[AMENDED] National Technology Transfer and defined by 5 U.S.C. section 804(2). Advancement Act of 1995 (15 U.S.C. Under section 307(b)(1) of the Clean ■ 1. The authority citation for part 62 272 note) do not apply. This rule does Air Act, petitions for judicial review of continues to read as follows: this action must be filed in the United not impose an information collection Authority: 42 U.S.C. 7401 et seq. burden under the provisions of the States Court of Appeals for the Paperwork Reduction Act of 1995 (44 appropriate circuit by June 13, 2003. Subpart K—Florida U.S.C. 3501 et seq.). Filing a petition for reconsideration by the Administrator of this final rule does ■ The Congressional Review Act, 5 2. Subpart K is amended by adding an not affect the finality of this rule for the undesignated center heading and U.S.C. section 801 et seq., as added by purposes of judicial review nor does it § 62.2380 to read as follows: the Small Business Regulatory extend the time within which a petition Enforcement Fairness Act of 1996, for judicial review may be filed, and Air Emissions From Commercial and generally provides that before a rule shall not postpone the effectiveness of Industrial Solid Waste Incineration may take effect, the agency such rule or action. This action may not (CISWI) Units—Section 111(d)/129 Plan promulgating the rule must submit a be challenged later in proceedings to rule report, which includes a copy of enforce its requirements. (See section § 62.2380 Identification of sources. the rule, to each House of the Congress 307(b)(2).) The Plan applies to existing and to the Comptroller General of the List of Subjects in 40 CFR Part 62 Commercial and Industrial Solid Waste United States. EPA will submit a report Environmental protection, Air Incineration Units that Commenced containing this rule and other required pollution control, Nitrogen dioxide, Construction On or Before November information to the U.S. Senate, the U.S. Particulate matter, Sulfur oxides. 30, 1999. House of Representatives, and the Comptroller General of the United Dated: March 24, 2003. [FR Doc. 03–8953 Filed 4–11–03; 8:45 am] States prior to publication of the rule in A. Stanely Meiburg, BILLING CODE 6560–50–P the Federal Register. A major rule Acting, Regional Administrator, Region 4. cannot take effect until 60 days after it ■ Chapter I, title 40 of the Code of Fed- is published in the Federal Register. eral Regulation is amended as follows:
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Proposed Rules Federal Register Vol. 68, No. 71
Monday, April 14, 2003
This section of the FEDERAL REGISTER Washington, DC. Normal reading room DEPARTMENT OF ENERGY contains notices to the public of the proposed hours are 8 a.m. to 4:30 p.m., Monday issuance of rules and regulations. The through Friday, except holidays. To be 10 CFR Part 709 purpose of these notices is to give interested sure someone is there to help you, persons an opportunity to participate in the [Docket No. CN–03–RM–01] please call (202) 690–2817 before rule making prior to the adoption of the final RIN 1992–AA33 rules. coming. APHIS documents published in the Office of Counterintelligence; Federal Register, and related Polygraph Examination Regulations DEPARTMENT OF AGRICULTURE information, including the names of AGENCY: Department of Energy. Animal and Plant Health Inspection organizations and individuals who have ACTION: Notice of proposed rulemaking Service commented on APHIS dockets, are available on the Internet at http:// and opportunity for public comment. www.aphis.usda.gov/ppd/rad/ 9 CFR Part 94 SUMMARY: The Department of Energy webrepor.html. [Docket No. 02–109–2] (DOE or Department) publishes a notice FOR FURTHER INFORMATION CONTACT: Dr. of proposed rulemaking to begin a Importation of Beef From Uruguay Hatim Gubara, Senior Staff Veterinarian, proceeding to consider whether to retain or modify its current Polygraph AGENCY: Animal and Plant Health Regionalization Evaluation Services Staff, VS, APHIS, 4700 River Road Unit Examination Regulations. DOE is Inspection Service, USDA. undertaking this action, among other 38, Riverdale, MD 20737–1231; (301) ACTION: Proposed Rule; Notice of reasons, to satisfy the directive of 734–4356. reopening and extension of comment section 3152 of the National Defense period. SUPPLEMENTARY INFORMATION: Authorization Act for Fiscal Year 2002 that following issuance of the National SUMMARY: We are extending the Background comment period for our proposed rule Academy of Sciences’ Polygraph Review to amend the regulations governing the On February 10, 2003, we published (NAS Polygraph Review), DOE is to importation of certain animals, meat, in the Federal Register (68 FR 6673– prescribe regulations for a new and other animal products into the 6677, Docket No. 02–109–1) a proposal counterintelligence polygraph program, whose Congressionally-specified United States to allow, under certain to amend the regulations governing the purpose is ‘‘* * * to minimize the conditions, the importation of fresh importation of certain animals, meat, potential for release or disclosure of (chilled or frozen) beef from Uruguay. and other animal products into the This action will allow interested classified data, materials, or United States to allow, under certain information.’’ persons additional time to prepare and conditions, the importation of fresh submit comments. (chilled or frozen) beef from Uruguay. DATES: Written comments (10 copies) DATES: We will consider all comments Based on the evidence in a recent risk are due June 13, 2003. that we receive on or before April 25, evaluation, we believe that fresh ADDRESSES: You may choose to address 2003. (chilled or frozen) beef from Uruguay written comments to U.S. Department of ADDRESSES: You may submit comments can be safely imported from Uruguay Energy, Office of Counterintelligence by postal mail/commercial delivery or provided certain conditions are met. (CN–1), Docket No. CN–03–RM–01, by e-mail. If you use postal mail/ 1000 Independence Avenue. SW., Comments on the proposed rule were Washington, DC 20585. Alternatively, commercial delivery, please send four required to be received on or before copies of your comment (an original and you may e-mail your comments to: April 11, 2003. We are reopening and [email protected]. You may review or three copies) to: Docket No. 02–109–1, extending the comment period for Regulatory Analysis and Development, copy the public comments DOE has Docket No. 02–109–1 for an additional PPD, APHIS, Station 3C71, 4700 River received in Docket No. CN–03–RM–01 14 days ending April 25, 2003. This Road Unit 118, Riverdale, MD 20737– and any other docket material DOE 1238. Please state that your comment action will allow interested persons makes available at the DOE Freedom of refers to Docket No. 02–109–1. If you additional time to prepare and submit Information Reading Room, Room 1E– use e-mail, address your comment to comments. 190, 1000 Independence Avenue, SW., [email protected]. Your Authority: 7 U.S.C. 450, 7701–7772, and Washington, DC 20585. This notice of comment must be contained in the body 8301–8317; 21 U.S.C. 136 and 136a; 31 proposed rulemaking and supporting of your message; do not send attached U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR documentation is available on DOE’s files. Please include your name and 2.22, 2.80, and 371.4. internet home page at the following address: http://www.energy.gov. address in your message and ‘‘Docket Done in Washington, DC, this 9th day of No. 02–109–1’’ on the subject line. April 2003. FOR FURTHER INFORMATION CONTACT: You may read any comments that we Douglas Hinckley, U.S. Department of receive on Docket No. 02–109–1 in our Peter Fernandez, Energy, Office of Counterintelligence, reading room. The reading room is Acting Administrator, Animal and Plant CN–1, 1000 Independence Avenue, SW., located in room 1141 of the USDA Health Inspection Service. Washington, DC 20585, (202) 586–5901; South Building, 14th Street [FR Doc. 03–9022 Filed 4–11–03; 8:45 am] or Lise Howe, U.S. Department of andIndependence Avenue SW., BILLING CODE 3410–34–P Energy, Office of General Counsel, GC–
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73, 1000 Independence Avenue, SW., materials, or information’’ (42 U.S.C. amended section 3154 by adding Washington, DC 20585, (202) 586–2906. 7383h–1). language that limited the Secretary’s SUPPLEMENTARY INFORMATION: DOE invites interested members of the authority to waive the examination public to provide their views on the requirement. I. Introduction issues in this rulemaking by filing III. DOE’s Proposal To Implement Under section 3152(a) of the National written comments. With an open mind, DOE intends carefully to evaluate the Section 3152(a) of the NDAA for FY Defense Authorization Act for Fiscal 2002 Year 2002 (NDAA for FY 2002), DOE is public comments received in response obligated to prescribe regulations for a to this notice of proposed rulemaking. The focal point for analysis of the new counterintelligence polygraph DOE will then consider whether to issue factual information and policy program the stated purpose of which is a supplemental notice of proposed considerations relevant to this ‘‘* * * to minimize the potential for rulemaking with additional policy rulemaking is the Congressionally stated purpose of the counterintelligence release or disclosure of classified data, options for public comment and polygraph regulations which is ‘‘*** materials, or information’’ (42 U.S.C. whether it is necessary and timely to to minimize the potential for release or 7383h–1(a).) Section 3152(b) requires hold a public hearing to provide an disclosure of classified data, material, or DOE to ‘‘* * * take into account the opportunity for presentation of oral information’’ (42 U.S.C. 7383h–1(a)). results of the Polygraph Review,’’ which comments. Given the nature of this directive—as a is defined by section 3152(e) to mean II. Background statement of the purpose of the program, ‘‘* * * the review of the Committee to Consistent with section 3154 of the not as a standard that the program must Review the Scientific Evidence on the NDAA for FY 2000, DOE published a meet—DOE does not construe this Polygraph of the National Academy of notice of final rulemaking establishing directive as a mandate mechanistically Sciences’’ (42 U.S.C. 7383h–1(b), (e)). 10 CFR part 709 on December 17, 1999 to construct a program that takes all Upon promulgation of final (64 FR 70975). The provisions of 10 CFR steps to protect classified data, regulations under section 3152, and part 709 list the types of employees and materials, or information, no matter ‘‘effective 30 days after the Secretary positions that are subject to polygraph what the countervailing considerations. submits to the congressional defense examinations. Under 10 CFR 709.4, the Construing the directive in that fashion committees the Secretary’s certification polygraph program applies to all DOE could lead to absurd results, potentially that the final rule * * * has been fully employees and contractor employees, requiring DOE to expend so much of its implemented, * * *’’ section 3154 of applicants for employment, and other resources on polygraphs and associated the National Defense Authorization Act individuals assigned or detailed to provisions that the program would for Fiscal Year 2000 (NDAA for FY positions in eight categories which are significantly detract from DOE’s ability 2000) (42 U.S.C. 7383h), would be discussed in detail in part III of this to accomplish its national security repealed by operation of law. (42 U.S.C. Supplementary Information. Employees mission. At the same time, however, 7383h–1(c).) The repeal of section 3154 may request exculpatory polygraph DOE does believe that the directive would eliminate the existing authority examinations to deal with unresolved signals a Congressional hierarchy in the which underlies DOE’s counterintelligence or personnel weighing of various considerations, counterintelligence polygraph security issues. Part 709 also describes pursuant to which DOE must take regulations, which are codified at 10 the polygraph examination protocols potential jeopardy of classified data, CFR part 709, but would not preclude DOE uses, the policies for safeguarding materials, or information very seriously the retention of some or all of those the privacy rights of employees, and the in considering the potential regulations through this rulemaking requirements that apply to ensure well consequences that may flow from how pursuant to the later-enacted section qualified and well trained polygraph it constructs its program. DOE has 3152 of the NDAA for FY 2002. examiners. evaluated the question whether to retain In Part II of this SUPPLEMENTARY After DOE promulgated 10 CFR part or modify the list of positions currently INFORMATION, DOE reviews background 709, Congress amended section 3154 of set forth in its regulations as subject to information useful in understanding the the NDAA for FY 2000 by section 3135 polygraph examinations over a five-year existing statutory and regulatory in the National Defense Authorization period against this Congressionally- provisions applicable to DOE’s current Act for Fiscal Year 2001 (Pub. L. 106– stated purpose so construed. counterintelligence polygraph 398). Section 3135 amended the earlier As noted above, that list is set forth examination program. In Part III of this definition of ‘‘covered persons’’ at 10 CFR 709.4. It includes: ‘‘(1) Supplementary Information, DOE contained in section 3154 to include Positions that DOE has determined discusses its preliminary views with assignees, detailees and applicants. The include counterintelligence activities or regard to the relevant factual and policy definition of ‘‘high risk program’’ was access to counterintelligence sources issues, including DOE’s evaluation of revised to include programs using and methods; (2) positions that DOE has the NAS Polygraph Review which is information known as Sensitive determined include intelligence entitled ‘‘The Polygraph and Lie Compartmented Information, SAP, activities or access to intelligence Detection.’’ That discussion explains PSAP, PAP, and any other program or sources and methods; (3) positions why the Secretary of Energy has position category specified in section requiring access to information that is approved today’s preliminary proposal 709.4(a) of Title 10, Code of Federal protected within a non-intelligence to retain the regulations in 10 CFR part Regulations. Section 3135 amended special access program (SAP) designated 709 as a balanced approach for the section 3154(f) to add the terms by the Secretary of Energy; (4) positions carefully circumscribed use of ‘‘terrorism’’ after ‘‘sabotage’’ and that are subject to the Personnel polygraph examinations as a tool that ‘‘deliberate damage to or malicious Security Assurance Program (PSAP); (5) appears in current circumstances well- misuse of a United States Government positions that are subject to the suited to accomplish the information or defense system’’ to the Personnel Assurance program (PAP); (6) Congressionally-specified purpose statutory definition of the scope of a positions that DOE has determined have ‘‘* * * to minimize the potential for counterintelligence polygraph a need-to-know or access to information release or disclosure of classified data, examination. Section 3135 also specifically designated by the Secretary
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regarding the design and operation of event investigations and four are flawed does not believe wholesale nuclear weapons and associated use studies of employee screening. While abandonment of a tool that has some control features; (7) positions within the noting that the available empirical admitted value for that purpose can be Office of Independent Oversight and research has not established the squared with Congress’s overall Performance Assurance, or any underlying factors that produce the direction to implement a polygraph successor thereto, involved in physiological responses observed during program whose purpose is ‘‘ *** to inspection and assessment of safeguards polygraph examinations, and that minimize the potential for release or and security functions, including cyber generalizing from such responses in disclosure of classified data, materials, security, of the Department; (8) research settings to real world settings is or information.’’ positions within the Office of Security hazardous, the NAS nevertheless Advisability. The NAS’s main and Emergency Operations, or any concluded that ‘‘* * * specific-incident conclusion is that lack of evidence of successor thereto * * *’’ This list polygraph tests discriminate lying from validity and accuracy justifies not using reflects, but is not restricted to, the truth telling at rates well above chance, polygraph examinations for screening positions listed in section 3154 of the though well below perfection * * *’’ purposes. In arriving at this conclusion, NDAA for FY 2000. Consistent with (NAS Polygraph Review at p. 3). DOE is the NAS also took into account the section 3152 of the NDAA for FY 2002, inclined to accept this conclusion with expense associated with invalid DOE proposes to retain these eight regard to exculpatory polygraph polygraph results, the potential loss of position categories because in each examinations under 10 CFR competent or highly skilled individuals category there are individuals who 709.4(a)(10), but given the limitations of due to false positives or the fear of such possess or have routine access to the tool, DOE does not treat the results a test result, and claims of adverse classified data, material, or information of such examinations as conclusive as to impact on civil liberties. The NAS also that would likely be targeted for truthfulness or mendacity. Accordingly, acknowledged but considered less acquisition by foreign powers. DOE has DOE may follow up an exculpatory significant the deterrent effect that the not reached a firm conclusion that all polygraph result with additional prospect of being polygraphed could the position categories on the list should investigative activities if DOE considers have on employment applicants who are be retained, or that all should be that action appropriate. DOE does not national security risks. In short, what retained in their current form, but it now contemplate any change in this NAS conducted was a cost-benefit believes that a sufficient basis for their policy. analysis that (given the nature of the retention exists that it is not prepared to With regard to polygraph costs and benefits) inevitably rested in propose the modification or removal of examinations for employee screening no small part on value judgments made any at this time. DOE accordingly under 10 CFR part 709, the NAS takes by the NAS. There is nothing particularly invites comment on the a significantly different view. Against inappropriate about this approach in question whether the list, or any of the the background of what it acknowledges light of the NAS’s mission and charge. position categories on the list, is is very sparse evidence, the NAS is DOE, however, has a significantly overinclusive or underinclusive, and if dubious about both the validity and the different mission—one that is intimately so, how and on what basis the list, or advisability of such examinations. involved in science, but directed to a any of the position categories on the list, Validity. According to the NAS, the particular end—the national security of should be modified. proportion of the employee population the United States; therefore, not The list of position categories in 10 at DOE that poses a major national surprisingly, section 3152 gave the CFR 709.4(a) also includes two security threat (presumably including Department a particular charge for its categories of individuals who volunteer threats to classified information) is polygraph program. That charge was not for polygraph examinations. There is a extremely low. In the NAS’s view, to devise a program based on the NAS’s category of applicants for employment screening in a population with a very or the Department’s own weighing of who opt for the Accelerated Access low rate of target transgressions will costs and benefits based on its own Authorization Program (AAAP) (10 CFR necessarily yield, as a function of how value judgments. Rather, Congress 709.4(a)(9)). These applicants choose to sensitively the polygraph test is set, directed DOE to develop a polygraph be polygraphed in order to obtain either a large number of false positives program focused on minimizing the risk expedited interim ‘‘Q’’ clearances or a large of false negatives (NAS of release or disclosure of classified pending completion of field Polygraph Review at 4, 2–4 through 2– information. That amounts to a investigations. There is also a category 7, 2–20 though 2–21, and 7–2 through Congressional specification that the composed of incumbent employees who 7–4). On that basis, the NAS concludes most important cost about which DOE volunteer for so-called exculpatory that polygraph examinations are too should be concerned is the risk of polygraph examinations to resolve inaccurate to be used for employee release or disclosure of classified questions that have arisen in the context screening. (NAS Polygraph Review, p.4.) information. DOE believes that of counterintelligence investigations or In reaching its negative conclusion, Congress’s judgment in that regard was personnel security issues (10 CFR the NAS acknowledged that a screening reasonable. Given that DOE’s classified 709.4(a)(10). polygraph, even if set to reduce the information consists in significant The NAS Polygraph Review examined number of false positives, will identify measure of information regarding the scientific evidence with regard to true positives who are being deceptive. nuclear weapons of mass destruction, the validity of polygraph examinations Accordingly, DOE does not believe that the consequences of compromise of that used for the screening of applicants for the issues that the NAS has raised about information can be profoundly employment and incumbent employees, the polygraph’s accuracy are sufficient significant. Those consequences make it as well as for specific-event to warrant a decision by DOE to sensible for Congress to conclude that investigations (which include what DOE abandon it as a screening tool. Doing so DOE’s priority should be on deterrence calls ‘‘exculpatory polygraph would mean that DOE would be giving and detection of potential security risks examinations’’). The NAS pointed out up a tool that, while far from perfect, with a secondary priority of mitigating that the available scientific evidence is will help identify some individuals who the consequences of false positives and generally of low quality and consisted of should not be given access to classified false negatives. Moreover, whatever may 57 studies of which 53 are specific- data, materials, or information. DOE be the importance of other
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considerations, DOE believes that at this consistent with the NAS’s alternative assessment of the costs and benefits of time, when the United States is engaged conclusion any rule imposing a Federal mandate in hostilities precisely in order to with costs to state, local, or tribal IV. Regulatory Review address the potentially disastrous governments, or to the private sector of consequences that may flow from A. National Environmental Policy Act $100 million or more. The proposed weapons of mass destruction falling into The proposed rule would retain the rule does not impose a Federal mandate the wrong hands, it is under a particular existing procedures for requiring preparation of an assessment obligation to make sure that no action counterintelligence evaluations to under the Unfunded Mandates Reform that it takes be susceptible to include polygraph examinations and Act of 1995. misinterpretation as a relaxation of therefore will have no impact on the E. Treasury and General Government controls over information concerning environment. DOE has determined that Appropriations Act, 1999 these kinds of weapons. For all these this rule is covered under the Section 654 of the Treasury and reasons, while fully respecting the Categorical Exclusion in DOE’s National General Government Appropriations questions the NAS has raised about the Environmental Policy Act regulations in Act of 1999, (Pub. L. No. 105–277), use of polygraphs as a screening tool, paragraph A.5 of appendix A to subpart requires Federal agencies to issue a DOE does not believe it can endorse the D, 10 CFR part 1021, which applies to Family Policymaking Assessment for NAS’s conclusion that the tool should rulemakings amending an existing any proposed rule that may affect family be laid down. regulation that does not change the well being. This proposed rule will not Perhaps in recognition that its main environmental effect of the regulations have any impact on the autonomy or conclusion was less tenable in the being amended. Accordingly, neither an integrity of the family as an institution. context of Federal agencies with environmental assessment nor an Accordingly, DOE has concluded that it national security missions established environmental impact statement is is not necessary to prepare a Family by law, the NAS went on to conclude required. Policymaking Assessment. in the alternative that if polygraph B. Regulatory Flexibility Act screening is to be used at all, it should F. Executive Order 12866 The Regulatory Flexibility Act, 5 only be used as a trigger for follow-up Executive Order 12866, 58 FR 51735 U.S.C. 601–612, requires preparation of detailed investigations and not as a sole (October 4, 1993) provides for a review an initial regulatory flexibility analysis basis for personnel action (NAS by the Office of Information and for every rule that must be proposed for Polygraph Review, p. 5). This Regulatory Affairs in the Office of public comment, unless the agency alternative conclusion appears to DOE Management and Budget of a certifies that the rule, if promulgated, to be much more compatible with the ‘‘significant regulatory action,’’ which is priority DOE is statutorily invited to will not have a significant economic impact on a substantial number of small defined as an action that may have an place on minimizing the potential for effect on the economy of $100 million release or disclosure of classified entities. This rulemaking will not directly regulate small businesses or or more or adversely affect the economy, information. It is also consistent with competition, jobs, productivity, the way DOE currently uses screening small governmental entities. It will apply principally to individuals who are environment, public health or safety, or polygraphs. state, local or tribal governments. DOE Under DOE’s current regulations, employees of, or applicants for employment by, some of DOE’s prime has concluded that this proposed rule neither DOE nor its contractors may take (10 CFR Part 709) is not a significant an adverse personnel action against an contractors, which are large businesses. There may be some affected small regulatory action. Accordingly, this individual solely on the basis of a businesses that are subcontractors, but rulemaking has not been reviewed by polygraph result indicating deception the rule will not impose unallowable the Office of Information and Regulatory (10 CFR 709.25). If, after an initial costs. Accordingly, DOE certifies that Affairs. polygraph examination, there are the proposed rule, if promulgated, will remaining unresolved issues, DOE must G. Executive Order 12988 not have a significant economic impact advise the individual and provide an Section 3(a) of Executive Order 12988, on a substantial number of small opportunity for the individual to 61 FR 4729 (February 7, 1996) imposes entities. undergo an additional polygraph on executive agencies the general duty examination. If the additional polygraph C. Paperwork Reduction Act to adhere to the following requirements: examination is not sufficient to resolve DOE has determined that this (1) Eliminate drafting errors and the matter, DOE must undertake a proposed rule does not contain any new ambiguity; (2) write regulations to comprehensive investigation using the or amended record-keeping, reporting or minimize litigation; and (3) provide a polygraph examination as an application requirements, or any other clear legal standard for affected conduct investigative lead (10 CFR 709.15(b)). In type of information collection rather than a general standard, and DOE’s view, this regulatory scheme is requirements that require the approval promote simplification and burden consistent both with the NAS’s of the Office of Management and Budget reduction. Section 3(b) of Executive alternative conclusion and with the (OMB) under the Paperwork Reduction Order 12988 specifically requires that statutory priority on minimizing release Act, 44 U.S.C. 3501, et seq. The OMB executive agencies make every or disclosure of classified information. has defined the term ‘‘information’’ to reasonable effort to ensure that the Therefore, pursuant to section 3152 of exclude certifications, consents, and regulation: (1) Clearly specifies the the NDAA for FY 2002, DOE today acknowledgments that entail only preemptive effect, if any; (2) clearly proposes on a preliminary basis to minimal burden [5 CFR 1320.3(h)(1)]. specifies any effect on existing Federal retain the regulatory provisions in part law or regulation; (3) provides a clear 709. DOE invites public comment on its D. Unfunded Mandates Reform Act of legal standard for affected conduct evaluation of the NAS Polygraph 1995 while promoting simplification and Review with regard to employee The Unfunded Mandates Reform Act burden reduction; (4) specifies the screening and on its assessment that the of 1995, 2 U.S.C. 1531 et seq., requires retroactive effect, if any; (5) adequately existing provisions of part 709 are a Federal agency to perform a detailed defines key terms; and (6) addresses
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other important issues affecting clarity effect on the supply, distribution, or use Issued in Washington, DC on April 8, 2003. and general draftsmanship under any of energy. This rulemaking, although Stephen W. Dillard, guidelines issued by the Attorney significant, will not have such an effect. Director, Office of Counterintelligence. General. Section 3(c) of Executive Order Consequently, DOE has concluded that For the reasons stated in the 12988 requires executive agencies to there is no need for a Statement of preamble, DOE hereby proposes to Energy Effects. review regulations in light of applicable amend 10 CFR part 709 to read as standards in section 3(a) and section K. Treasury and General Government follows: 3(b) to determine whether they are met Appropriations Act, 1999 or it is unreasonable to meet one or PART 709—POLYGRAPH more of them. DOE has completed the The Treasury and General EXAMINATION REGULATIONS required review and determined that, to Government Appropriations Act, 2001 the extent permitted by law, this (44 U.S.C. 3516, note) provides for 1. The authority citation for 10 CFR proposed rule meets the relevant agencies to review most disseminations part 709 is revised to read as follows: standards of Executive Order 12988. of information to the public under Authority: 42 U.S.C. 2011, et seq., 7101, et guidelines established by each agency seq., 7383h–1. H. Executive Order 13084 pursuant to general guidelines issues by * * * * * Under Executive Order 13084, 63 FR OMB. OMB’s guidelines were published 27655 (May 19, 1998), DOE may not at 67 FR 8452 (February 22, 2001), and [FR Doc. 03–9009 Filed 4–11–03; 8:45 am] issue a discretionary rule that DOE’s guidelines were published at 67 BILLING CODE 6450–01–P significantly or uniquely affects Indian FR 62446 (October 7, 2002). DOE has tribal governments and imposes reviewed this notice of proposed substantial direct compliance costs. rulemaking under the OMB and DOE DEPARTMENT OF THE TREASURY This proposed rulemaking would not guidelines, and has concluded that it is have such effects. Accordingly, consistent with applicable policies in Office of the Comptroller of the Executive Order 13084 does not apply those guidelines. Currency to this rulemaking. V. Opportunity for Public Comment 12 CFR Part 5 I. Executive Order 13132 Interested members of the public are Executive Order 13132, 64 FR 43255 invited to participate in this proceeding [Docket No. 03–06] (August 10, 1999), requires agencies to by submitting data, views, or comments RIN 1557–AC13 develop an accountable process to on this proposed rule. Ten copies of ensure meaningful and timely input by written comments should be submitted Electronic Filings state and local officials in the to the address indicated in the AGENCY: Office of the Comptroller of the development of regulatory policies that ADDRESSES section of this notice. have ‘‘federalism implications.’’ Policies Comments should be identified on the Currency, Treasury. that have federalism implications are outside of the envelope and on the ACTION: Interim rule with request for defined in the Executive Order to comments themselves with the comments. include regulations that have designation ‘‘Polygraph Examination SUMMARY: The Office of the Comptroller ‘‘substantial direct effects on the States, Regulation, Docket No. CN–03–RM–01.’’ of the Currency (OCC) is issuing this on the relationship between the national If anyone wishing to provide written interim rule, with a request for government and the States, or on the comments is unable to provide ten comments, to amend our rules, policies distribution of power and copies, alternative arrangements can be and procedures for corporate activities. responsibilities among the various made in advance with the DOE. All The interim rule expressly provides that levels of government.’’ On March 14, comments received on or before the date the OCC may permit national banks to 2000, DOE published a statement of specified at the beginning of this notice, make any class of licensing filings policy describing the intergovernmental and other relevant information before electronically. Its purpose is to facilitate consultation process it will follow in the final action is taken on the proposed the expansion of the OCC’s e-Corp development of such regulations (65 FR rule, will be considered. 13735). DOE has examined this All submitted comments will be program. The e-Corp program, which proposed rule and determined that it available for public inspection as part of began as a pilot project to enable would not have a substantial direct the administrative record on file for this participating national banks to make effect on the states, on the relationship rulemaking in the DOE Freedom of certain types of licensing filings between the national government and Information Reading Room at the electronically, has been made available the states, or on the distribution of address indicated in the ADDRESSES to all national banks through the OCC’s power and responsibilities among the section of this notice. Pursuant to the National BankNet web site. The rule various levels of government. No further provisions of 10 CFR 1004.11, anyone furthers the OCC’s objectives of action is required by the Executive submitting information or data that he reducing regulatory burden for national Order. or she believes to be confidential and banks and improving the agency’s exempt by law from public disclosure efficiency in processing filings through J. Review Under Executive Order 13211 should submit one complete copy of the increased use of electronic technology. Executive Order 13211 (Actions document, as well as two copies, if The interim rule also amends part 5 to Concerning Regulations That possible, from which the information clarify the circumstances under which Significantly Affect Energy, Supply, has been deleted. The DOE will make its we may adopt filing procedures Distribution, or Use), 66 FR 28355 (May determination as to the confidentiality different from those otherwise required 22, 2001) requires preparation and of the information and treat it by part 5. submission to OMB of a Statement of accordingly. DATES: Effective Date: This rule is Energy Effects for significant regulatory effective April 14, 2003. action under Executive Order 12866 that List of Subjects in 10 CFR Part 709 Comment Date: Comments must be are likely to have a significant adverse Lie detector tests, Privacy. received by June 13, 2003.
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ADDRESSES: You should direct To further the objectives we have Internet website.5 The Manual is comments to the Public Information described and to facilitate compliance updated on a continuous basis and will Room, Office of the Comptroller of the with GPEA, the OCC designed Web- be updated as necessary when Currency, Mailstop 1–5, Attention: based corporate applications and made electronic filing of additional types of Docket No. 03–06, 250 E Street, SW., them available to a limited number of applications or notices is available to Washington, DC 20219. Due to delays in national banks through a pilot program national banks. We plan to publish paper mail delivery in the Washington, called e-Corp. National banks that notices on BankNet and the OCC’s DC, area, commenters are encouraged to participated in the pilot used e-Corp to homepage whenever an additional class submit comments by fax or e-mail. submit electronically certain licensing of applications is added to e-Corp. filings to the OCC using electronic Comments may be sent by fax to (202) 2. Exceptions to Licensing Procedures 874–4448, or by e-mail to signatures. Ten national banks [email protected]. You can participated in the pilot program. Section 5.2(b) of our rules provides inspect and photocopy the comments at Authorized users from those national that, after giving appropriate notice to the OCC’s Public Information Room, 250 banks accessed e-Corp’s electronic the applicant and, at the OCC’s E Street, SW., Washington, DC 20219. forms through the OCC’s National discretion, to others, the OCC may adopt You can make an appointment to BankNet Web site (BankNet).4 Four materially different procedures for a inspect the comments by calling (202) applications were available: particular filing, or a class of filings, in 874–5043. establishment of a branch, relocation of exceptional circumstances, such as a branch, relocation of a main office natural disasters or unusual FOR FURTHER INFORMATION CONTACT: Jean within a 30-mile radius (within current transactions. The wording of this Campbell, Attorney, Legislative and provision could be misleading if the Regulatory Activities Division, (202) city, town or village limits), and relocation of a main office within a 30- reference to natural disasters were 874–5090; or Darrell Sheets, Licensing interpreted, contrary to its intended Data Manager, Licensing, Policy and mile radius (outside current city, town or village limits). Three more e-Corp meaning, as establishing the standard Systems Division, (202) 874–5060, for determining what is an exceptional Office of the Comptroller of the electronic filings are currently under development: notices of branch closing, circumstance rather than as merely Currency, 250 E Street, SW., illustrative of one type of situation Washington, DC 20219. change of corporate title, and change of address. where use of filing procedures SUPPLEMENTARY INFORMATION: In March 2003 the OCC made e-Corp otherwise prescribed by part 5 is Background and Description of the available to all national banks through warranted. Accordingly, the interim rule Rule BankNet. The four corporate filings deletes the phrase ‘‘such as natural described above are available for disasters.’’ As revised, the standard in 1. Electronic Filing electronic submission. In the near future § 5.2(b) simply permits the OCC to The OCC’s ongoing objectives include we also expect to add to e-Corp adopt materially different procedures in minimizing regulatory burden for the additional classes of corporate filings, exceptional circumstances or for national banks we supervise, consistent such as the three currently under unusual transactions. The notice with safety and soundness, and development, as we gain experience requirement in the current rule is achieving greater efficiency in the with electronic filing. In recognition of unchanged. agency’s regulatory processes. National the fact that national banks rely on 3. Comptroller’s Licensing Manual banks’ preparation of required licensing technology to varying extents, electronic The Comptroller’s Corporate Manual applications and filings and the OCC’s filing will be voluntary. Any bank that formerly contained guidance on how processing of those submissions are wishes to continue filing paper-based applicants and other filers could comply activities where substantial efficiencies, applications may do so. with our rules. On July 17, 2002, the including cost savings, can be achieved The interim rule facilitates the OCC replaced the Comptroller’s through increased use of electronic expansion of e-Corp by revising § 5.2, Corporate Manual with the technology. Moreover, the Government which generally describes our filing Comptroller’s Licensing Manual and Paperwork Elimination Act (GPEA)1 rules. As revised, § 5.2 expressly made the Manual available on our requires that Federal agencies consider provides that the OCC may permit homepage. As we have described, the providing the public with the option of national banks to make any class of Manual contains information on automated transactional processes that filings available for electronic corporate applications, such as charter use and accept electronic filings and submission. The rule refers national and merger applications, and other signatures, when practicable. The banks to the Comptroller’s Licensing policies and procedures on corporate requirements of GPEA apply to all Manual (Manual) to find information changes sought by national banks. The interactions with the Federal about the filings that are available for interim rule substitutes the new name of government that involve the electronic electronic submission. The Manual also the Manual, provides the OCC’s Internet submission, maintenance, or disclosure specifies the procedures that apply to address, and substitutes a new address of information.2 This includes national banks making electronic filings. to use to submit a request for a printed transactions ‘‘ such as the electronic In light of rapid changes in technology version of the Manual. filings that are the subject of this and our plan to expand the electronic notice—that involve Federal filing system over time, we believe it is 4. Notice and Comment; Effective Date preferable to provide detailed information collections covered by the Under the Administrative Procedure Paperwork Reduction Act (PRA).3 information on electronic filings in the more flexible format of the Manual, Act (APA), the requirement that an rather than in the text of the regulation. 1 44 U.S.C. 3504 note. 5 See www.occ.treas.gov/corpapps/ 2 See OMB Memorandum M–00–10, ‘‘OMB The Manual is available on the OCC’s corpapplic.htm. This is the web address for the Procedures and Guidance; Implementation of the OCC’s homepage, which contains information Government Paperwork Elimination Act,’’ 65 FR 4 BankNet is a secure, extranet website that allows available to the general public. Printed copies of the 25508, May 2, 2000 (OMB Guidance). the OCC to deliver data-based services via the Manual are available for a fee from the OCC’s 3 44 U.S.C. 3501 et seq. Internet to the national banks we supervise. Communications Division.
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agency provide public notice and an Comment Solicitation Unfunded Mandates Reform Act of 1995 opportunity for comment does not apply Section 202 of the Unfunded to ‘‘rules of agency organization, Although notice and comment are not required, we are nonetheless interested Mandates Reform Act of 1995, Pub. L. procedure, or practice.’’ 6 This in receiving any comments that may 104–04 (Unfunded Mandates Act) exemption applies to a rule that does improve this rule before it is adopted in requires that an agency prepare a not itself affect the substantive rights of final form. We therefore request budgetary impact statement before those affected, even though the rule comment on all aspects of this interim promulgating a rule that includes a ‘‘may alter the manner in which the rule. Federal mandate that may result in parties present themselves or their expenditure by State, local, and tribal viewpoints to the agency.’’ JEM Community Bank Comment Request governments, in the aggregate, or by the Broadcasting Co., Inc. v. FCC, 22 F.3d In addition, we invite your comments private sector, of $100 million or more 320, 326–27 (D.C. Cir. 1994). on the impact of this proposal on in any one year. If a budgetary impact The interim rule has no effect on the community banks. The OCC recognizes statement is required, section 205 of the substantive rights of national banks that community banks operate with Unfunded Mandates Act also requires subject to application or filing more limited resources than larger an agency to identify and consider a requirements. The electronic filing institutions and may present a different reasonable number of regulatory amendments pertain only to the form in risk profile. Thus, the OCC specifically alternatives before promulgating a rule. which a bank may make a submission requests comments on the impact of this The OCC has determined that the to the OCC. Moreover, electronic filing proposal on community banks’ current interim rule will not result in is permissive, not mandatory. Similarly, resources and available personnel with expenditures by State, local, or tribal the amendment to the ‘‘exceptional the requisite expertise, and whether the governments or by the private sector of $100 million or more. Accordingly, the circumstances’’ provision only clarifies goals of the proposed regulation could OCC has not prepared a budgetary the types of circumstances that may be achieved, for community banks, impact statement or specifically warrant the use of special procedures. through an alternative approach. addressed the regulatory alternatives The requirement that the OCC provide Solicitation of Comments on Use of considered. notice to an applicant in such a case is Plain Language unchanged. For these reasons, we Executive Order 12866 conclude that this interim rule is not The OCC also requests comment on The OCC has determined that this subject to the notice and comment whether the interim rule is written rule does not constitute a ‘‘significant requirements of the APA. clearly and is easy to understand. On regulatory action’’ for the purposes of The interim rule is effective June 1, 1998, the President issued a Executive Order 12866. memorandum directing each agency in immediately upon publication in the List of Subjects in Part 5 Federal Register. An agency may the Executive branch to write its rules in plain language. This directive applies dispense with the delayed effective date Administrative practice and to all new proposed and final requirement of the APA for ‘‘good procedure, National banks, Reporting rulemaking documents issued on or cause.’’ 7 As we have described, we and recordkeeping requirements, after January 1, 1999. In addition, Pub. expect that the interim rule, which Securities. L. 106–102 requires each Federal agency imposes no new requirements, will help to use plain language in all proposed Authority and Issuance produce efficiencies for national banks and final rules published after January For the reasons set forth in the by enabling them to save time and 1, 2000. The OCC invites comments on preamble, part 5 of chapter I of the Code money in the preparation and how to make this rule clearer. For of Federal Regulations is revised to read processing of certain required filings. example, you may wish to discuss: as follows: For these reasons, we conclude that (1) Whether we have organized the there is good cause to dispense with the PART 5—RULES, POLICIES, AND material to suit your needs; 30-day delayed effective date prescribed PROCEDURES FOR CORPORATE by the APA. (2) Whether the requirements of the ACTIVITIES rule are clear; or Finally, subject to certain exceptions, (3) Whether there is something else 1. The authority citation for part 5 12 U.S.C. 4802(b)(1) provides that new continues to read as follows: regulations and amendments to we could do to make the rule easier to understand. Authority: 12 U.S.C. 1 et seq., 24a, regulations prescribed by a Federal 24(Seventh), 93a, and 3101 et seq. banking agency that impose additional Regulatory Analysis reporting, disclosure, or other new 2. In § 5.2, paragraphs (b) and (c) are Regulatory Flexibility Act requirements on an insured depository revised and a new paragraph (d) is added to read as follows: institution must take effect on the first The Regulatory Flexibility Act applies day of a calendar quarter that begins on only to rules for which an agency § 5.2 Rules of general applicability. or after the date on which the publishes a general notice of proposed * * * * * regulations are published in final form. rulemaking pursuant to 5 U.S.C. 553(b).8 (b) Exceptions. The OCC may adopt The interim rule imposes no additional Because the OCC has determined for materially different procedures for a reporting, disclosure, or other new good cause that the APA does not particular filing, or class of filings, in requirements on insured depository require public notice and comment on exceptional circumstances or for institutions. For this reason, section this final rule, we are not publishing a unusual transactions, after providing 4802(b)(1) does not apply to this general notice of proposed rulemaking. notice of the change to the applicant rulemaking. Thus, the Regulatory Flexibility Act and to any other party that the OCC does not apply to this interim rule. determines should receive notice. 6 5 U.S.C. 553(b)(A). (c) Additional information. The 7 Id. at 553(d)(3). 8 See id. at 553(d). ‘‘Comptroller’s Licensing Manual’’
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(Manual) provides additional guidance, ADDRESSES: Submit comments in environmental, and energy aspects of including policies, procedures, and triplicate to the Federal Aviation the proposed rule. All comments sample forms. The Manual is available Administration (FAA), Transport submitted will be available, both before on the OCC’s Internet Web page at Airplane Directorate, ANM–114, and after the closing date for comments, http://www.occ.treas.gov. Printed copies Attention: Rules Docket No. 2002–NM– in the Rules Docket for examination by are available for a fee from Publications, 39–AD, 1601 Lind Avenue, SW., interested persons. A report Communications Division, Comptroller Renton, Washington 98055–4056. summarizing each FAA-public contact of the Currency, 250 E Street, SW., Comments may be inspected at this concerned with the substance of this Washington, DC 20219–0001. location between 9 a.m. and 3 p.m., proposal will be filed in the Rules (d) Electronic filing. The OCC may Monday through Friday, except Federal Docket. permit electronic filing for any class of holidays. Comments may be submitted Commenters wishing the FAA to filings. The Manual identifies filings via fax to (425) 227–1232. Comments acknowledge receipt of their comments that may be made electronically and may also be sent via the Internet using submitted in response to this action describes the procedures that the OCC the following address: 9-anm- must submit a self-addressed, stamped requires in those cases. [email protected]. Comments sent postcard on which the following Dated: April 3, 2003 via fax or the Internet must contain statement is made: ‘‘Comments to Docket Number 2002–NM–39–AD.’’ The John D. Hawke, Jr., ‘‘Docket No. 2002–NM–39–AD’’ in the subject line and need not be submitted postcard will be date stamped and Comptroller of the Currency. in triplicate. Comments sent via the returned to the commenter. [FR Doc. 03–8995 Filed 4–11–03; 8:45 am] Internet as attached electronic files must Availability of NPRMs BILLING CODE 4810–33–P be formatted in Microsoft Word 97 for Windows or ASCII text. Any person may obtain a copy of this The service information referenced in NPRM by submitting a request to the DEPARTMENT OF TRANSPORTATION the proposed rule may be obtained from FAA, Transport Airplane Directorate, Airbus Industrie, 1 Rond Point Maurice ANM–114, Attention: Rules Docket No. Federal Aviation Administration Bellonte, 31707 Blagnac Cedex, France. 2002–NM–39–AD, 1601 Lind Avenue, This information may be examined at SW., Renton, Washington 98055–4056. 14 CFR Part 39 the FAA, Transport Airplane Discussion Directorate, 1601 Lind Avenue, SW., [Docket No. 2002–NM–39–AD] On December 15, 1998, the FAA Renton, Washington. RIN 2120–AA64 issued AD 98–25–51, amendment 39– FOR FURTHER INFORMATION CONTACT: Tim 10952 (63 FR 70637, December 22, Airworthiness Directives; Airbus Model Backman, Aerospace Engineer, 1998), applicable to certain Airbus A300 B4–600, B4–600R, and F4–600R International Branch, ANM–116, FAA, Model A300–600 and A310 series (Collectively Called A300–600) Series Transport Airplane Directorate, 1601 airplanes. That AD requires deactivating Airplanes; and Model A310 Series Lind Avenue, SW., Renton, Washington both thrust reversers and revising the Airplanes; Equipped With Pratt & 98055–4056; telephone (425) 227–2797; airplane flight manual (AFM) to ensure Whitney JT9D–7R4 or 4000 Series fax (425) 227–1149. safe and appropriate performance Engines SUPPLEMENTARY INFORMATION: during certain takeoff conditions. That Comments Invited action was prompted by a report AGENCY: Federal Aviation indicating that the thrust reverser of Administration, DOT. Interested persons are invited to engine number 1 on an Airbus Model ACTION: Notice of proposed rulemaking participate in the making of the A300–600 series airplane deployed (NPRM). proposed rule by submitting such during climb. The requirements of that written data, views, or arguments as AD are intended to prevent in-flight SUMMARY: This document proposes the they may desire. Communications shall deployment of a thrust reverser, which supersedure of an existing airworthiness identify the Rules Docket number and could result in reduced controllability directive (AD), applicable to certain be submitted in triplicate to the address of the airplane. Airbus Model A300–600 and A310 specified above. All communications series airplanes, that currently requires received on or before the closing date Actions Since Issuance of Previous Rule deactivating both thrust reversers and for comments, specified above, will be Since AD 98–25–51 was issued, revising the airplane flight manual considered before taking action on the Airbus issued service information that (AFM) to ensure safe and appropriate proposed rule. The proposals contained provides instructions for reactivating performance during certain takeoff in this action may be changed in light the thrust reversers through the conditions. This action would require of the comments received. implementation of a program that installing modifications that will add an Submit comments using the following involves parts replacement and independent third line of defense on the format: repetitive inspections of the thrust thrust reversers, which would enhance • Organize comments issue-by-issue. reversers. The FAA approved this their redundancy and terminate the For example, discuss a request to program as an alternative method of requirements of the existing AD. The change the compliance time and a compliance (AMOC) with the actions specified by the proposed AD request to change the service bulletin requirements of AD 98–25–51, allowing are intended to prevent in-flight reference as two separate issues. for reactivation of the thrust reversers deployment of the thrust reversers, • For each issue, state what specific and removal of the AFM limitations. which could result in reduced change to the proposed AD is being The actions required by AD 98–25–51 controllability of the airplane. This requested. and the reactivation program are action is intended to address the • Include justification (e.g., reasons or considered ‘‘interim action.’’ Since identified unsafe condition. data) for each request. issuance of that AD and the AMOC, the DATES: Comments must be received by Comments are specifically invited on manufacturer has developed a May 14, 2003. the overall regulatory, economic, modification to address the unsafe
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condition, and the FAA has determined Explanation of Relevant Service Service Bulletins that further rulemaking action is Information necessary; this proposed AD follows Airbus has issued the following from that determination. service bulletins:
Airbus service bulletin— For Airbus model— Equipped with model—
A300–78–6017, dated August 6, 2001 ...... A300 B4–620 airplanes ...... PWJT9D–7R4 series en- gines. A300–78–6018, dated July 17, 2001 ...... A300 B4–622R airplanes ...... PW4000 series engines. A300–78–6020, dated August 10, 2001 ...... A300 B4–622 airplanes ...... PW4000 series engines. A310–78–2018, dated June 1, 2001 ...... A310–222 and –322 series airplanes ...... PWJT9D–7R4 series en- gines. A310–78–2019, dated May 2, 2001 ...... A310–324 and –325 series airplanes ...... PW4000 series engines. A310–78–2020, dated June 1, 2001 ...... A310–221 and –222 series airplanes ...... PWJT9D–7R4 series engines.
These service bulletins describe service bulletins as mandatory and supersede AD 98–25–51 to continue to procedures for installing modifications issued French airworthiness directive require deactivating both thrust that will add an independent third line 2001–523(B), dated October 31, 2001, to reversers and revising the airplane flight of defense on the thrust reverser system ensure the continued airworthiness of manual (AFM) to ensure that safe and and consequently enhance its these airplanes in France. appropriate performance is achieved redundancy. The actions are intended to FAA’s Conclusions during certain takeoff conditions. (The preclude a single/dual thrust reverser AMOC described previously allows for deployment due to failure of the first These airplane models are re-activation of the thrust reversers and two lines of defense, or failure of manufactured in France and are type removal of the AFM limitations.) The mechanical retention means. The certificated for operation in the United proposed AD would also require modifications comprise five parts: • States under the provisions of section installing modifications involving Retrofit of the new electrical circuit 21.29 of the Federal Aviation retrofit of a new electrical circuit at four between the avionics compartment and Regulations (14 CFR 21.29) and the locations and installation of the the forward cargo compartment at frame applicable bilateral airworthiness synchronous shaft lock system and (FR) 38.2. agreement. Pursuant to this bilateral • Retrofit of the new electrical circuit connection to the new electrical circuit. airworthiness agreement, the DGAC has The modifications would terminate the between the forward cargo compartment kept the FAA informed of the situation at FR 38.2 and the wing/pylon requirements of the existing AD, as well described above. The FAA has interfaces. as the associated AMOC, which allows examined the findings of the DGAC, sbull Retrofit of the new electrical re-activation of the thrust reversers. The circuit in the engine pylons. reviewed all available information, and modifications would be required to be • Retrofit of the new electrical circuit determined that AD action is necessary accomplished in accordance with the in the avionics compartment. for products of this type design that are applicable service bulletins described • Installation of the synchronous certificated for operation in the United previously. shaft lock system and connection to the States. Cost Impact new electrical circuit. Explanation of Requirements of Accomplishment of the actions Proposed Rule There are approximately 38 airplanes specified in the service bulletins is of U.S. registry that would be affected intended to adequately address the Since an unsafe condition has been by this proposed AD. The FAA provides identified unsafe condition. The identified that is likely to exist or the following cost estimates for the ´ ´ Direction Generale de l’Aviation Civile develop on other airplanes of the same actions specified in this proposed AD: (DGAC), which is the airworthiness type design registered in the United authority for France, classified these States, the proposed AD would Cost Estimates
Work Hourly Cost per Action Model/series hours labor rate Parts cost airplane
Actions currently required by AD 98–25–51
Thrust reverser deactivation ...... All ...... 2 $60 $0 $120 AFM revision ...... All ...... 1 60 0 60
Proposed modification, per Service Bulletin
A310–78–2018 ...... A310–222 and –322 ...... 1,433 60 16,234 102,214 A310–78–2019 ...... A310–324 and –325 ...... 1,395 60 15,061 98,761 A310–78–2020 ...... A310–221 and –222 ...... 1,267 60 14,848 90,868 A300–78–6017 ...... A300 B4–620 ...... 817 60 13,810 62,830 A300–78–6018 ...... A300 B4–622R ...... 1,198 60 15,141 87,021 A300–78–6020 ...... A300 B4–622 ...... 817 60 10,760 59,780
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The cost impact figures discussed would not have federalism implications The Proposed Amendment above are based on assumptions that no under Executive Order 13132. Accordingly, pursuant to the operator has yet accomplished any of For the reasons discussed above, I authority delegated to me by the the proposed requirements of this AD certify that this proposed regulation (1) Administrator, the Federal Aviation action, and that no operator would is not a ‘‘significant regulatory action’’ Administration proposes to amend part accomplish those actions in the future if under Executive Order 12866; (2) is not 39 of the Federal Aviation Regulations this AD were not adopted. The cost a ‘‘significant rule’’ under the DOT (14 CFR part 39) as follows: impact figures discussed in AD rulemaking actions represent only the Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if PART 39—AIRWORTHINESS time necessary to perform the specific DIRECTIVES actions actually required by the AD. promulgated, will not have a significant These figures typically do not include economic impact, positive or negative, 1. The authority citation for part 39 incidental costs, such as the time for on a substantial number of small entities continues to read as follows: planning, gaining access and closing up, under the criteria of the Regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. or performing other administrative Flexibility Act. A copy of the draft actions. regulatory evaluation prepared for this § 39.13 [Amended] action is contained in the Rules Docket. 2. Section 39.13 is amended by Regulatory Impact A copy of it may be obtained by removing amendment 39–10952 (63 FR The regulations proposed herein contacting the Rules Docket at the 70637, December 22, 1998), and by would not have a substantial direct location provided under the caption adding a new airworthiness directive effect on the States, on the relationship ADDRESSES. (AD), to read as follows: between the national government and List of Subjects in 14 CFR Part 39 Airbus: Docket 2002–NM–39–AD. the States, or on the distribution of Supersedes AD 98–25–51, Amendment power and responsibilities among the Air transportation, Aircraft, Aviation 39–10952. various levels of government. Therefore, safety, Safety. Applicability: The following airplanes; it is determined that this proposal certificated in any category:
TABLE 1.—APPLICABILITY
Except those modified in accord- Model— Equipped with— ance with Airbus service Or modified in accordance with bulletin— Airbus production modification—
A300 B4–620 ...... PWJT9D–7R4 series engines ...... A300–78–6017, dated August 6, 12261, 12264, and 12265. 2001. A300 B4–622 ...... PW4000 series engines ...... A300–78–6020, dated August 10, 12262, 12263, 12265, and 12377; 2001. or 12262, 12263, and 12266. A300 B4–622R ...... PW4000 series engines ...... A300–78–6018, dated July 17, 12262, 12263, 12265, and 12377; 2001. or 12262, 12263, and 12266. A310–221 ...... PWJT9D–7R4 series engines ...... A310–78–2020, dated June 1, 12261, 12264, and 12265. 2001. A310–222 ...... PWJT9D–7R4 series engines ...... A310–78–2020 or A310–78–2018, 12261, 12264, and 12265. both dated June 1, 2001. Airbus Model A310–324 and –325 PW4000 series engines ...... A310–78–2019, dated May 2, 12262, 12263, 12265, and 12377; 2001. or 12262, 12263, and 12266.
Note 1: This AD applies to each airplane Restatement of Requirements of AD 98–25– (NOTE: This supersedes any relief provided by identified in the preceding applicability 51 the Master Minimum Equipment List provision, regardless of whether it has been (a) Within the next 4 flight cycles after (MMEL).) otherwise modified, altered, or repaired in December 28, 1998 (the effective date of AD Note 2: The ‘‘FCOM’’ referenced in Airbus the area subject to the requirements of this 98–25–51, amendment 39–10952), deactivate Flight Operations Telex (FOT) 999.0124/98, AD. For airplanes that have been modified, both thrust reversers in accordance with dated November 30, 1998, is Airbus Industrie Flight Crew Operating Manual (FCOM), altered, or repaired so that the performance Airbus All Operators Telex (AOT) 78–08, Revision 27 for Airbus Model A310 series dated November 30, 1998. of the requirements of this AD is affected, the airplanes and Revision 22 for A300–600 owner/operator must request approval for an (b) Within the next 4 flight cycles after series airplanes. (The revision number is alternative method of compliance in December 28, 1998, revise the Limitations indicated on the List of Effective Pages (LEP) accordance with paragraph (d)(1) of this AD. Section of the FAA-approved Airplane Flight of the FCOM.) The request should include an assessment of Manual (AFM) to include the following: the effect of the modification, alteration, or ‘‘The takeoff performance on wet and New Requirements of This AD repair on the unsafe condition addressed by contaminated runways with thrust reversers Modification deactivated shall be determined in this AD; and, if the unsafe condition has not (c) Within 1 year after the effective date of accordance with Airbus Flight Operations been eliminated, the request should include this AD, install modifications related to an specific proposed actions to address it. Telex (FOT) 999.0124/98, dated November independent third line of defense on the 30, 1998, as follows: Compliance: Required as indicated, unless thrust reversers, in accordance with the For takeoff on wet runways, use accomplished previously. applicable service bulletin listed in Table 2 performance data in accordance with To prevent in-flight deployment of a thrust of this AD. The modifications involve retrofit paragraph 4.1 of the FOT. reverser, which could result in reduced of a new electrical circuit at four locations For takeoff on contaminated runways, use and installation of the synchronous shaft lock controllability of the airplane, accomplish performance data in accordance with system and connection to the new electrical the following: paragraph 4.2 of the FOT. circuit. After the modifications have been
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installed, the thrust reversers may be by paragraph (b) of this AD may be removed reactivated, and the AFM limitation specified from the AFM. Table 2 follows:
TABLE 2.—SERVICE INFORMATION FOR MODIFICATION
Install the modification in accordance with Air- For Airbus model— Equipped with model— bus service bulletin—
A300 B4–620 airplanes ...... PWJT9D–7R4 series engines ...... A300–78–6017, dated August 6, 2001. A300 B4–622 airplanes ...... PW4000 series engines ...... A300–78–6020, dated August 10, 2001. A300 B4–622R airplanes ...... PW4000 series engines ...... A300–78–6018, dated July 17, 2001. A310–221 series airplanes ...... PWJT9D–7R4 series engines ...... A310–78–2020, dated June 1, 2001. A310–222 series airplanes ...... PWJT9D–7R4 series engines ...... A310–78–2020 or A310–78–2018, both dated June 1, 2001. A310–322 series airplanes ...... PWJT9D–7R4 series engines ...... A310–78–2018, dated June 1, 2001. Airbus Model A310–324 and –325 series air- PW4000 series engines ...... A310–78–2019, dated May 2, 2001. planes.
Alternative Methods of Compliance DEPARTMENT OF HEALTH AND 1. On page 15117, in the first column, (d)(1) An alternative method of compliance HUMAN SERVICES under ‘‘DATES,’’ the first sentence is or adjustment of the compliance time that corrected to read ‘‘The public meetings provides an acceptable level of safety may be Food and Drug Administration will be held on the east coast on used if approved by the Manager, Tuesday, April 29, 2003, from 9 a.m. to International Branch, ANM–116, Transport 21 CFR Part 111 12 noon and 1:30 p.m. to 5 p.m. and on Airplane Directorate, FAA. Operators shall the west coast on Tuesday, May 6, 2003, submit their requests through an appropriate [Docket No. 96N–0417] from 9 a.m. to 12 noon and 1:30 p.m. FAA Principal Maintenance Inspector, who to 5 p.m.’’ may add comments and then send it to the Dietary Supplements; Current Good Manufacturing Practice Regulations; Dated: April 8, 2003. Manager, International Branch, ANM–116. Jeffrey Shuren, (2) Alternative methods of compliance, Public Meetings; Correction Assistant Commissioner for Policy. approved previously in accordance with AD AGENCY: Food and Drug Administration, [FR Doc. 03–9066 Filed 4–11–03; 8:45 am] 98–25–51, amendment 39–10952, are HHS. approved as alternative methods of BILLING CODE 4160–01–S compliance with the requirements of ACTION: Notification of public meetings; paragraphs (a) and (b) of this AD. correction. Note 3: Information concerning the SUMMARY: The Food and Drug DEPARTMENT OF THE INTERIOR existence of approved alternative methods of Administration (FDA) is correcting a compliance with this AD, if any, may be Office of Surface Mining Reclamation notice that appeared in the Federal and Enforcement obtained from the International Branch, Register of March 28, 2003 (68 FR ANM–116. 15117). The notice announced two 30 CFR Part 948 Special Flight Permits public meetings to discuss the proposed rule entitled ‘‘Current Good [WV–098–FOR] (e) Special flight permits may be issued in Manufacturing Practice in accordance with sections 21.197 and 21.199 Manufacturing, Packing, or Holding West Virginia Regulatory Program of the Federal Aviation Regulations (14 CFR Dietary Ingredients and Dietary AGENCY: Office of Surface Mining 21.197 and 21.199) to operate the airplane to Supplements.’’ The document was Reclamation and Enforcement (OSM), a location where the requirements of this AD published with an inadvertent error. Interior. can be accomplished. This document corrects that error. Note 4: The subject of this AD is addressed ACTION: Proposed rule; public comment FOR FURTHER INFORMATION CONTACT: in French airworthiness directive 2001– period and opportunity for public For the east coast meeting: Kenneth 523(B), dated October 31, 2001. hearing on proposed amendments. Taylor, Center for Food Safety and Issued in Renton, Washington, on April 8, Applied Nutrition (HFS–810), Food SUMMARY: We are announcing receipt of 2003. and Drug Administration, 5100 a proposed amendment to the West Vi L. Lipski, Paint Branch Pkwy., College Park, Virginia regulatory program under the Manager, Transport Airplane Directorate, MD 20740, 301–436–1439, FAX: Surface Mining Control and Aircraft Certification Service. 301–436–2639, or e-mail: Reclamation Act of 1977 (SMCRA). The [email protected]. [FR Doc. 03–9015 Filed 4–11–03; 8:45 am] program amendment consists of changes For the west coast meeting: Janet to the Code of West Virginia (W. Va. BILLING CODE 4910–13–P McDonald, FDA/San Francisco Code) as contained in House Bills 2881 District, 1431 Harbor Bay Pkwy., and 2882, changes to the Coal Related Alameda, CA 94502–7070, 510– Dam Safety Rules at Code of State 337–6845, FAX: 510–337–6708, or Regulations (CSR) 38–4, and changes to e-mail: [email protected]. the Surface Coal Mining and SUPPLEMENTARY INFORMATION: In the FR Reclamation Regulations at CSR 38–2 as Doc. 03–7377, appearing on page 15117 contained in House Bill 2603. The in the Federal Register of Friday, March amendment concerns a variety of topics 28, 2003, the following correction is including bond release, dam safety, made: permit application requirements,
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drainage and sediment control systems, FOR FURTHER INFORMATION CONTACT: Mr. wildlife considerations, revegetation, fish and wildlife considerations, Roger W. Calhoun, Director, Charleston performance standards, inspection and revegetation, performance standards, Field Office, Telephone: (304) 347– enforcement, coal refuse, and inspection and enforcement, coal refuse, 7158. Internet: [email protected]. performance standards applicable to and performance standards applicable SUPPLEMENTARY INFORMATION: remining operations. The amendment is to remining operations. The amendment intended to improve the effectiveness of I. Background on the West Virginia Program is intended to improve the effectiveness II. Description of the Proposed Amendment the West Virginia program and to render of the West Virginia program and to III. Public Comment Procedures the West Virginia program no less render the West Virginia program no IV. Procedural Determinations effective than the Federal regulations. less effective than the Federal A. The provisions of the W. Va. Code regulations. I. Background on the West Virginia that West Virginia proposes to revise as contained in House Bills 2881 and 2882 DATES: We will accept written Program are: comments on this amendment until 4 Section 503(a) of the Act permits a W. Va. Code 22–3–23, concerning p.m. (local time), on May 14, 2003. If State to assume primacy for the release of bond or deposits, is amended requested, we will hold a public hearing regulation of surface coal mining and by changing the term ‘‘director’’ to on the amendment on May 9, 2003. We reclamation operations on non-Federal ‘‘secretary’’ in numerous locations. will accept requests to speak at a and non-Indian lands within its borders W. Va. Code 22–3–23(c)(1)(C), hearing until 4 p.m. (local time), on by demonstrating that its program concerning bond release for all April 29, 2003. includes, among other things, ‘‘ *** a operations except those with an ADDRESSES: You should mail or hand- State law which provides for the approved variance from approximate deliver written comments and requests regulation of surface coal mining and original contour (AOC), is amended by to speak at the hearing to Mr. Roger W. reclamation operations in accordance adding the following language to the Calhoun, Director, Charleston Field with the requirements of the Act * * * end of the last sentence: ‘‘where Office at the address listed below. ; and rules and regulations consistent expressly authorized by legislative rule You may review copies of the West with regulations issued by the Secretary promulgated pursuant to section three, Virginia program, this amendment, a pursuant to the Act.’’ See 30 U.S.C. article one of this chapter.’’ As listing of any scheduled public hearings, 1253(a)(1) and (7). On the basis of these amended, the sentence reads as follows: and all written comments received in criteria, the Secretary of the Interior conditionally approved the West Provided, however, that the release may be response to this document at the made where the quality of the untreated post addresses listed below during normal Virginia program on January 21, 1981. mining water discharged is better than or business hours, Monday through Friday, You can find background information equal to the premining water quality excluding holidays. You may receive on the West Virginia program, including discharged from the mining site where one free copy of the amendment by the Secretary’s findings, the disposition expressly authorized by legislative rule contacting OSM’s Charleston Field of comments, and conditions of promulgated pursuant to section three, article one of this chapter. Office. approval of the West Virginia program Mr. Roger W. Calhoun, Director, in the January 21, 1981, Federal W. Va. Code 22–3–23(c)(2)(C), Charleston Field Office, Office of Register (46 FR 5915). You can also find concerning bond release for operations Surface Mining Reclamation and later actions concerning West Virginia’s with an approved variance from AOC, is Enforcement, 1027 Virginia Street, East, program and program amendments at 30 amended by adding the following Charleston, West Virginia 25301, CFR 948.10, 948.12, 948.13, 948.15, and language to the end of the last sentence: Telephone: (304) 347–7158. E-mail: 948.16. ‘‘where expressly authorized by [email protected]. II. Description of the Proposed legislative rule promulgated pursuant to West Virginia Department of Amendment section three, article one of this Environmental Protection, 10 McJunkin chapter.’’ As amended, the sentence By letter dated March 18, 2003, the reads as follows: Road, Nitro, West Virginia 25143, West Virginia Department of Telephone: (304) 759–0510. Copies of Environmental Protection (WVDEP) sent Provided, however, that the release may be Enrolled House Bills 2603, 2881, and made where the quality of the untreated post us a proposed amendment to its mining water discharged is better than or 2882 and summaries of changes to the program (Administrative Record State’s Coal Related Dam Safety Rules equal to the premining water quality Number WV–1352) under SMCRA (30 discharged from the mining site where and the Surface Mining Reclamation U.S.C. 1201 et seq.). West Virginia sent expressly authorized by legislative rule Rules will be posted at the Department’s the amendment in response to the promulgated pursuant to section three, article Internet page: http://www.state.wv.us. required program amendments at 30 one of this chapter. In addition, you may review copies of CFR 948.16(nnn), (ooo), and (qqqq) and W. Va. Code 22–3–23(c)(2)(C), the proposed amendment during regular to include the changes made at its own concerning bond release, is amended by business hours at the following initiative. deleting the reference to subdivision 3 locations: The program amendment consists of and requiring compliance with the bond Office of Surface Mining Reclamation changes to the W. Va. Code as contained release scheduling requirements of and Enforcement, Morgantown Area in House Bills 2881 and 2882, and subdivisions 1 and 2 of this subsection. Office, 75 High Street, Room 229, PO changes to the Coal Related Dam Safety W. Va. Code 22B–1–7, concerning Box 886, Morgantown, West Virginia Rule at CSR 38–4 and to the Surface appeals to boards, is amended by 26507, Telephone: (304) 291–4004. Coal Mining and Reclamation changing the term ‘‘director’’ to (By Appointment Only) Regulations at CSR 38–2 as contained in ‘‘secretary’’ in several locations. Office of Surface Mining Reclamation House Bill 2603. The amendment W. Va. Code 22B–1–7(d), concerning and Enforcement, Beckley Area concerns a variety of topics including appeals to boards, is amended by adding Office, 323 Harper Park Drive, Suite 3, bond release, dam safety, permit a proviso that unjust hardship shall not Beckley, West Virginia 25801, application requirements, drainage and be grounds for granting a stay or Telephone: (304) 255–5265. sediment control systems, fish and suspension of an order, permit or
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official action for an order issued timing and sequence of construction frequency for cleaning out sediment pursuant to W. Va. Code 22–3. over the life of the fill. control structures, or other methods W. Va. Code 22B–1–7(h), concerning CSR 38–2–5.4.b.11, concerning the approved by the Secretary. appeals to boards, is amended by control of water discharge, is amended 5.6.d. After the first day of January deleting the reference to article 3 in by adding language to provide that the two thousand four, all active mining regard to appeals to the environmental location of discharge points and the operations must be consistent with the quality board. volume to be released shall not cause a requirements of this subdivision. The B. The provisions of the Code of State net increase in peak runoff from the permittee must demonstrate in writing Regulations that West Virginia proposes proposed permit area when compared to that the operation is in compliance or a to revise as contained in House Bill premining conditions and shall be revision shall be prepared and 2603 are: compatible with the post-mining submitted to the Secretary for approval Surface Mining Reclamation configuration and adequately address within the schedule described in Regulations at CSR 38–2 watershed transfer. 5.6.d.1. Full compliance [compliance] CSR 38–2–5.6 is a new provision with the permit revision shall be CSR 38–2 is amended by updating the concerning storm water runoff and accomplished within 180 days from the name of the U.S. Department of requires each permit application to date of Secretary approval. Active Agriculture, Natural Resources contain a storm water runoff analysis mining operations for the purpose of Conservation Service (formerly Soil consistent with subsections 5.6.a this subsection exclude permits that Conservation Service) in several through 5.6.d.1.e. The new language have obtained at least a Phase I release locations, i.e., subsections 3.2.c, 3.20, provides as follows: and are vegetated. Provided, however, 10.2.a.4, 10.3.a.1, 10.4.c.1, 10.6.b.2, 5.6.a. Each application for a permit permits or portions of permits that meet 10.6.b.7.A, 10.6.b.7.B, and 10.6.b.8. shall contain a storm water runoff at least Phase I standards and are CSR 38–2–3.7.d, concerning disposal analysis which includes the following: vegetated will be considered on a case of excess spoil, is new and adds a 5.6.a.1. An analysis showing the by case basis. requirement for a survey of the changes in storm runoff caused by the watershed identifying all man made proposed operations(s) using standard 5.6.d.1. Schedule of Submittal structures and residents in proximity to engineering and hydrologic practices 5.6.d.1.a. Within 180 days from the the disposal area to determine potential and assumptions. first day of January two thousand four storm runoff impacts. At least 30 days 5.6.a.2. The analysis will evaluate pre- all active mining operations with prior to any beginning of placement of mining, worst case during mining, and permitted acreage greater than 400 acres material, the accuracy of the survey post-mining (Phase III standards) must demonstrate in writing that the shall be field verified. Any changes conditions. The storm used for the operation is in compliance or a revision shall be documented and brought to the analysis will be the largest required shall be prepared and submitted to the attention of the Secretary to determine design storm for any sediment control or Secretary for approval. if there is a need to revise the permit. other water retention structure proposed 5.6.d.1.b. Within 360 days from the CSR 38–2–3.22.f.5.A, A.1 and A.2, in the application. The analysis must first day of January two thousand four concerning the requirement to restore, take into account all allowable all active mining operations with protect, or replace water supply of operational clearing and grubbing permitted acreage between 200 and 400 present water users, is new and adds activities. The applicant will establish acres must demonstrate in writing that that the hydrologic reclamation plan evaluation points on a case-by-case the operation is in compliance or a shall contain a description of the basis depending on site specific revision shall be prepared and measures to be taken to replace water conditions including, but not limited to, submitted to the Secretary for approval. supplies that are contaminated, type of operation and proximity of man- 5.6.d.1.c. Within 540 days from the diminished, or interrupted. The plan made structures. first day of January two thousand four shall include an identification of the 5.6.a.3. The worst case during mining all active mining operations with water replacement, which includes and post-mining evaluations must show permitted acreage between 100 and less quantity and quality descriptions no net increase in peak runoff compared than 200 acres must demonstrate in including discharge rates, or usage and to the pre-mining evaluation. writing that the operation is in depth to water; and documentation that 5.6.b. Each application for a permit compliance or a revision shall be the development of identified water shall contain a runoff-monitoring plan prepared and submitted to the Secretary replacement is feasible and that the which shall include, but is not limited for approval. financial resources necessary to replace to, the installation and maintenance of 5.6.d.1.d. Within 720 days from the the affected water supply are available. rain gauges. The plan shall be specific first day of January two thousand four CSR 38–2–3.31.a, concerning Federal, to local conditions. All operations must all active mining operations with State, county, municipal, or other local record daily precipitation and report permitted acreage between 50 and less government-financed highway or other monitoring results on a monthly basis than 100 acres must demonstrate in construction exemption, is amended by and any one (1) year, twenty-four (24) writing that the operation is in adding a provision that may allow storm event or greater must be reported compliance or a revision shall be funding at less than 50 percent to to the Secretary within twenty-four (24) prepared and submitted to the Secretary qualify if the construction is undertaken hours and shall include the results of a for approval. as an approved government reclamation permit wide drainage system inspection. 5.6.d.1.e. Within 900 days from the contract. 5.6.c. Each application for a permit first day of January two thousand four CSR 38–2–5.4.b.4, concerning shall contain a sediment retention plan all active mining operations with sediment control, is amended by adding to minimize downstream sediment permitted acreage less than 50 acres language to provide that all sediment deposition within the watershed must demonstrate in writing that the control systems for valley fills, resulting from precipitation events. operation is in compliance or a revision including durable rock fills, shall be Sediment retention plans may include, shall be prepared and submitted to the designed for the entire disturbed acreage but are not limited to decant ponds, Secretary for approval. Provided, and shall include a schedule indicating secondary control structures, increased however, an exemption may be
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considered on a case-by-case basis. 14.14.g.2.A.1. The effective length of 14.14.g.2.B.2. During construction, the Futhermore, haulroads, loadouts, and the erosion protection zone shall be at fill shall be designed and maintained in ventilation facilities are excluded from least one half the height of the fill such a manner as to prevent water from this requirement. measured to the target fill elevation or discharging over the face of the fill. CSR 38–2–8.2.e, concerning fish and fill design elevation as defined in the 14.14.g.2.B.2.(a). The top of the fill wildlife considerations, is amended by approximate original contour shall be configured to prevent water adding language to provide that in procedures and shall be designed to from discharging over the face of the fill constructing a windrow, timber shall provide a continuous underdrain and to direct water to the sides of the not be placed in a manner or location extension from the fill through and fill. to block natural drainways. beneath the erosion protection zone. 14.14.g.2.B.2.(b). Water discharging CSR 38–2–9.1.a, concerning 14.14.g.2.A.2. The height of the along the edges of the fill shall be revegetation, is amended by adding erosion protection zone shall be conveyed in such a manner to minimize language to provide that reforestation sufficient to accommodate designed erosion along the edges of the fill. opportunities must be maximized for all flow from the underdrain of the fill and 14.14.g.2.B.3. Reclamation of the fill areas not directly associated with the shall comply with 14.14.e.1. of this rule. shall be initiated from the top of the fill primary approved postmining land use 14.14.g.2.A.3. The erosion protection and progress to the toe with concurrent and requiring revegetation plans for zone shall be constructed of durable construction of terraces and permanent those areas to be reforested to include a rock as defined in 14.14.g.1. originating drainage. map, a planting schedule and stocking from a permit area and shall be of CSR 38–2–14.14.g.3 is new and adds rates. sufficient gradation to satisfy the design specifications and requirements CSR 38–2–9.3.d, concerning standards underdrain function of the fill. at 14.14.g.3.A through 14.14.g.3.B for for evaluating vegetative cover, is 14.14.g.2.A.4. The outer slope or face durable rock fills designed to be amended by deleting the words ‘‘from of the erosion protection zone shall be reclaimed from the toe upward. The the Handbook,’’ so that sampling no steeper than two (2) horizontal or [to] new language provides as follows: techniques will no longer be taken from one (1) vertical (2:1). The top of the 14.14.g.3.A. Transportation of the State’s revegetation handbook. erosion protection zone shall slope Material to toe of fill. The method of CSR 38–2–9.3.f, concerning standards toward the fill at a three (3) to five (5) transporting material to the toe of the for evaluating vegetative cover and percent grade and slope laterally from fill shall be specified in the application productivity, is amended by deleting the the center toward the sides at one (1) and shall include a plan for inclement words ‘‘in the Handbook,’’ and percent grade to discharge channels weather dumping. The means of replacing those words with the words capable of passing the peak runoff of a transporting material to the toe may be ‘‘by the Secretary.’’ The effect of the one-hundred (100) year, twenty-four by any method authorized by the Act change is that vegetation ground cover (24) hour precipitation event. and this rule and is not limited to the and productivity levels will be set by 14.14.g.2.A.5. Prior to commencement use of roads. the Secretary of the WVDEP, rather than of single lift construction of the durable 14.14.g.3.A.1. Constructed roads shall as provided in the State’s revegetation rock fill, the erosion protection zone be graded and sloped in such a manner handbook. must be seeded and certified by a that water does not discharge over the CSR 38–2–14.5.h, concerning registered professional engineer as a face. Sumps shall be constructed along hydrologic balance, is amended by critical phase of fill construction. The the road in switchback areas and shall adding a proviso that the requirement erosion protection zone shall be be located at least 15 feet from the for replacement of an affected water maintained until completion of outslope. supply that is needed for the land use reclamation of the fill. 14.14.g.3.A.2. The constructed road in existence at the time of 14.14.g.2.A.6. Unless otherwise shall be in compliance with all contamination, diminution or approved in the reclamation plan, the applicable State and Federal safety interruption or where the affected water erosion protection zone shall be requirements. The design criteria to supply is necessary to achieve the post- removed and the area upon which it comply with all applicable State and mining land use shall not be waived. was located shall be regraded and Federal safety requirements shall be CSR 38–2–14.14.g.1, concerning revegetated in accordance with the included in the permit. durable rock fills, is amended by adding reclamation plan. 14.14.g.3.B. Once the necessary language to provide that fills proposed 14.14.g.2.B. Single Lift Construction volume of material has been transported after January 1, 2004, may only be Requirements. to the toe of the fill, face construction approved with the design, construction, 14.14.g.2.B.1. Excess spoil disposal and installation of terraces and and use of a single lift fill if they include shall commence at the head of the permanent drainage shall commence. an erosion protection zone or a durable hollow and proceed downstream to the The face construction and reclamation rock fill designed to be reclaimed from final toe. Unless required for of the fill shall be from the bottom up the tow [toe] upward. construction of the underdrain, there with progressive construction of terraces CSR 38–2–14.14.g.2 is new and adds shall be no material placed in the fill and permanent drainage in dumping additional design specifications and from the sides of the valley more than increments not to exceed 100 feet. requirements for single lift fills with an 300 feet ahead of the advancing toe. CSR 38–2–14.15.a.2, concerning erosion protection zone at subsections Exceptions from side placement of contemporaneous reclamation 14.14.g.2.A through 14.14.g.2.B.3. The material limits may be approved by the standards, is amended by adding new language provides as follows: Secretary if requested and the applicant language to provide that the mining and 14.14.g.2.A. Erosion Protection Zone. can demonstrate through sound reclamation plan shall contain The erosion protection zone is a engineering that it is necessary to information on how mining and designed structure constructed to facilitate access to isolated coal seams, reclamation operations will be provide energy dissipation to minimize the head of the hollow or otherwise coordinated so as to minimize surface erosion vulnerability and may extend facilitates fill stability, erosion, or water runoff, and comply with the storm beyond the designed toe of the fill. drainage control. water runoff plan.
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CSR 38–2–14.15.c, concerning the operator shall forward the amount of metal pipe to be either repaired or reclaimed area, is amended by adding proposed penalty assessment to the replaced. the words ‘‘and seeding has occurred’’ Secretary for placement in an interest CSR 38–2–24.2.a, concerning to the definition of reclaimed acreage bearing escrow account, and that the remining operations—revegetation, is that is applicable to this subsection. As Secretary shall assign an assessment amended by deleting the words ‘‘in the amended, the definition of reclaimed officer to hold the assessment Handbook’’ at the end of the last area provides that for purposes of this conference. sentence, and replacing those words subsection, reclaimed acreage shall be CSR 38–2–20.6.e, concerning informal with the words ‘‘by the Secretary.’’ The that portion of the permit area which conference, is amended by adding new revision provides that the has at a minimum been fully regraded language to provide that the assessment determination of premining [remining] and stabilized in accordance with the officer shall give notice including any ground cover success and productivity reclamation plan, meets Phase I worksheet, in person or by certified shall be made using sampling standards, and seeding has occurred. mail, to the operator of any penalty techniques described by the Secretary. CSR 38–2–14.15.g, concerning adjustment as a result of an informal CSR 38–2–24.3, concerning remining contemporaneous reclamation conference within 30 days following the operations—water quality, is amended variance—permit applications, is date of the conference. The reasons for by adding the following language at the amended by adding language to require the assessment officer’s action shall be end of the last sentence: ‘‘or a coal a demonstration that the variance being documented in the file. remining operation as defined in 40 CFR sought will comply with CSR 38–2–5.6 CSR 38–2–20.6.f is new and adds the Part 434 as amended may qualify for the concerning the new storm water runoff requirement that an increase or water quality exemptions set forth in 40 provisions. reduction of a proposed civil penalty of CFR 434 as amended.’’ The new CSR 38–2–17.1, concerning Small more than 25 percent and more than revision provides that a coal remining Operator Assistance Program, is $500.00 shall not be final and binding operation which began after February 4, amended by adding that the Secretary of until approved by the Secretary. 1987, and on a site which was mined WVDEP shall establish a formula for CSR 38–2–20.6.j, concerning escrow, prior to August 3, 1977, may qualify for allocating funds to provide services for is amended by adding the phrase ‘‘an the water quality exemptions set forth in eligible small operators if available informal conference or’’ immediately subsection (p), section 301 of the funds are less than those required to before the words ‘‘judicial review of a Federal Clean Water Act, as amended or provide the services pursuant to CSR proposed assessment.’’ In addition, the a coal remining operation as defined in 38–2–17. words ‘‘continue to’’ are deleted 40 CFR Part 434 as amended may CSR 38–2–20.6.a, concerning civil immediately before the words ‘‘be held qualify for the water quality exemptions penalty assessments, is amended by in escrow.’’ The new language provides set forth in 40 CFR Part 434 as amended. deleting all language concerning an that if a person requests an informal CSR 38–2–24.4, concerning remining ‘‘assessment officer,’’ and adding conference or judicial review of a operations—requirements to release language concerning the Secretary of proposed assessment, the proposed bonds, is amended by adding the WVDEP. The new language provides penalty assessment shall be held in following language at the end of the first that the Secretary shall not determine escrow until completion of the judicial sentence: ‘‘and the terms and conditions the proposed penalty assessment until review. set forth in the NPDES [National such time as an inspection of the CSR 38–2–22.4.g.3.A, concerning coal Pollutant Discharge Elimination System] violation has been conducted and the refuse, impoundments designed without Permit in accordance with subsection findings of that inspection are submitted discharge structures, is amended by (p), section 301 of the Federal Clean to the Secretary in writing. deleting the second sentence and adding Water Act, as amended or 40 CFR Part CSR 38–2–20.6.c, concerning notice of three sentences in its place. The new 434 as amended.’’ The new revision civil penalty assessment, is amended by language requires that a system shall be provides that bond release for remining deleting two sentences that provide that designed to dewater the impoundment operations shall be in accordance with the ‘‘Secretary shall also give notice of the probable maximum storm in 10 all of the requirements set forth in including any worksheet, in person or days by pumping or other means. The subsection 12.2 of this rule and the by certified mail, to the operator of any new language requires the requirements terms and conditions set forth in the penalty adjustment as a result of an of the Coal Related Dam Safety Rule at NPDES Permit in accordance with informal conference within thirty (30) CSR 38–4–25.14, concerning removal of subsection (p), section 301 of the days following the date of the storm water from impoundments, shall Federal Clean Water Act, as amended or conference. The reasons for be met. For existing structures 40 CFR Part 434 as amended. reassessment shall be documented in exceeding the minimum 2 PMP volume the file by the assessment officer.’’ Also, requirement, the dewatering system Coal Related Dam Safety Rules at CSR the following sentence is added shall be installed when the containment 38–4 immediately before the existing last volume is reduced to 2 PMPs. CSR 38–4–3.4.c, concerning hazard sentence: ‘‘The reasons for reassessment CSR 38–2–22.4.i.6 is new and evaluation, is amended by deleting the shall be documented in the file by the concerns the use of corrugated metal existing heading and renaming the Secretary.’’ pipes in spillways. This provision provision ‘‘Assessment of Hazards and CSR 38–2–20.6.d, concerning notice provides that corrugated metal pipes Consequences of Failure.’’ In addition, of informal assessment conference, is shall not be used in new or the following language is added as an amended by adding language to provide unconstructed refuse impoundments or introductory paragraph: that the Secretary shall arrange for a slurry cells. If an existing corrugated conference to review the proposed metal pipe has developed leaks or All new applications and expansions to assessment or reassessment, upon otherwise deteriorated so as to cause the existing impoundments must submit a complete Assessment of Hazards and written request if received within 15 pipe to not function properly and such Consequences of Failure (AHCF) in narrative days from the date the proposed deterioration constitutes a hazard to the form, certified by a Registered Professional assessment or reassessment is received. proper operation of the impoundment, Engineer (RPE), that addresses potential risks Language is also added to provide that the Secretary will require the corrugated and impacts resulting from failure that could
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occur from the construction and/or operation the safety zone dimensions. Coal extraction CSR 38–4–25.14 concerning removal of the facility and addresses the following: of 80 percent or more is prohibited unless at of storm water in the impoundment is CSR 38–4–7.1.f.3.A, concerning Class a depth greater than 60 times the coal new and provides as follows: extraction thickness or at a depth where the C impoundments designed without maximum tensile strain at original ground is Storm water in the impoundment shall be discharge structures, is amended by less than 5.0 mm/m (0.5%), whichever is removed as specified in the design deleting the existing second sentence greater. The Secretary may impose other requirements. In addition, the slurry impoundment pool shall be maintained at and replacing that sentence with the limitations as specified by BM IC 8741, the lowest practical pool level based upon following three sentences. ‘‘A system barrier analysis, other pertinent analysis or the design requirements and the AHCF. The shall be designed to dewater the due to conditions such as fracturing, which mechanical storm dewatering system shall be impoundment of the probable maximum may require a larger safety zone or further installed as designed and maintained storm in ten (10) days by pumping or by limitations in coal extraction. properly with the system being tested other means. The requirements of 25.14 monthly. shall also be met. For existing structures CSR 38–4–8.2.b, concerning III. Public Comment Procedures exceeding the minimum 2 PMP volume embankment, is new and provides as requirements, the dewatering system follows: Under the provisions of 30 CFR shall be installed when the containment There shall be no mining in a safety zone 732.17(h), we are seeking your volume is reduced to 2 PMPs.’’ under the structural embankment measured comments on whether the amendment CSR 38–4–7.1.n is new and concerns outward 200 feet in all directions, downward satisfies the applicable program ° use of corrugated metal pipes for 350 feet and then outward at a dip of 65 approval criteria of 30 CFR 732.15. If we spillways. The new language provides from the horizontal, unless acceptable pillar approve the amendment, it will become as follows: stability and/or strain effects are confirmed part of the West Virginia program. by a design evaluation to be certified by an Corrugated metal pipes, whether coated or RPE. Also, the related AHCF must clearly Written Comments uncoated, shall not be used in new or demonstrate that the facility will have a low Send your written or electronic unconstructed refuse impoundments or risk of impact to the public and the slurry cells. If an existing corrugated metal comments to OSM at the address given environment. Existing mine workings within above. Your written comments should pipe has developed leaks or otherwise this safety zone having the potential to cause deteriorated so as to cause the pipe to not significant subsidence impacts are prohibited be specific, pertain only to the issues function properly and such deterioration unless those effects are mitigated by grouting, proposed in this rulemaking, and constitutes a hazard to the proper operation filling the mine related voids or providing include explanations in support of your of the impoundment, the Secretary will comparable protection. Additional recommendations. We may not consider require the corrugated metal pipe to be either underground mining may be subsequently or respond to your comments when repaired or replaced. Provided, however, approved in the embankment safety zone developing the final rule if they are sediment control or other water retention only if a design evaluation, certified by an received after the close of the comment structures used for the treatment of effluent RPE, demonstrates that no significant period (see DATES). We will make every and designated as Class A Dams under 3.4.b impacts from subsidence can result. of this rule are exempt from this prohibition. attempt to log all comments into the administrative record, but comments CSR 38–4–8.2.c, concerning existing CSR 38–4–8.1, concerning subsidence delivered to an address other than the impoundments, is new and provides as evaluation of the site and the dam and Charleston Field Office may not be follows: its storage area, is amended by revising logged in. the phrase ‘‘that coal pillars and floor Existing impoundments that currently have are strong’’ to read ‘‘that the coal pillars, mining within the safety zones must be Electronic Comments roofs and floor are strong.’’ The last two evaluated in accordance with this section Please submit Internet comments as existing sentences are deleted, and the and 3.4.c. of this rule. Remedial measures an ASCII, Word file avoiding the use of new last sentence is amended by shall be implemented as necessary to special characters and any form of adding, at the end, the words ‘‘or are eliminate or reduce the potential impact on encryption. Please also include Attn: otherwise capable of preventing the public and/or the environment. Remedial measures may include, but are not limited to, SATS NO. WV–098–FOR’’ and your significant subsidence impacts, in constructed barriers, grouting of underground name and return address in your accordance with 8.2 and 8.3 of this works and back stowing of mines. Internet message. If you do not receive rule.’’ The effect of this change is to add a confirmation that we have received this requirement as an alternative CSR 38–4–8.3, concerning safety your Internet message, contact the condition for allowing dams to be factors applicable to new, revised, and Charleston Field office at (304) 347– constructed over underground existing impoundment facilities, is new 7158. workings. and provides as follows: Availability of Comments CSR 38–4–8.2.a, concerning basin, is A detailed engineering design evaluation of new and provides as follows: the embankment and impoundment basin We will make comments, including There shall be no underground mining in areas shall be conducted to assure protection names and addresses of respondents, a safety zone that extends horizontally 200 of the environment and public. The available for public review during feet from the high water mark of an engineering design analysis shall normal business hours. We will not impoundment and vertically to a depth that demonstrate that appropriate safety factors consider anonymous comments. If provides for a minimum thickness of 100 feet exist. Major design considerations of this individual respondents request of solid strata between the bottom of the pool engineering analysis are embankment confidentiality, we will honor their and any mining. The presence of any mine stability, pillar design, outcrop barrier request to the extent allowable by law. workings within this safety zone is design, and any other design aspects as Individual respondents who wish to prohibited unless the potential subsidence necessary to manage risk. The adequacy of withhold their name or address from effects are mitigated by injection grouting or calculated safety factors should be otherwise filling the mine related voids determined by applying appropriate public review, except for the city or completely. Alternately, such risk can be regulatory standards. For design applications town, must state this prominently at the mitigated by providing constructed barriers, where regulatory standards do not exist, the beginning of their comments. We will grouting or other means to establish AHCF should be the basis used to derive make all submissions from equivalent protection that will comply with acceptable safety factors. organizations or businesses, and from
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individuals identifying themselves as section 3 of Executive Order 12988 and agencies to prepare a Statement of representatives or officials of has determined that this rule meets the Energy Effects for a rule that is (1) organizations or businesses, available applicable standards of subsections (a) considered significant under Executive for public inspection in their entirety. and (b) of that section. However, these Order 12866, and (2) likely to have a standards are not applicable to the significant adverse effect on the supply, Public Hearing actual language of State regulatory distribution, or use of energy. Because If you wish to speak at the public programs and program amendments this rule is exempt from review under hearing, contact the person listed under because each program is drafted and Executive Order 12866 and is not FOR FURTHER INFORMATION CONTACT by 4 promulgated by a specific State, not by expected to have a significant adverse p.m. (local time), on April 29, 2003. If OSM. Under sections 503 and 505 of effect on the supply, distribution, or use you are disabled and need special SMCRA (30 U.S.C. 1253 and 1255) and of energy, a Statement of Energy Effects accommodations to attend a public the Federal regulations at 30 CFR is not required. hearing, contact the person listed under 730.11, 732.15, and 732.17(h)(10), FOR FURTHER INFORMATION CONTACT. We decisions on proposed State regulatory National Environmental Policy Act will arrange the location and time of the programs and program amendments This rule does not require an hearing with those persons requesting submitted by the States must be based environmental impact statement the hearing. If no one requests an solely on a determination of whether the because section 702(d) of SMCRA (30 opportunity to speak, we will not hold submittal is consistent with SMCRA and U.S.C. 1292(d)) provides that agency a hearing. its implementing Federal regulations decisions on proposed State regulatory To assist the transcriber and ensure an and whether the other requirements of program provisions do not constitute accurate record, we request, if possible, 30 CFR Parts 730, 731, and 732 have major Federal actions within the that each person who speaks at the been met. meaning of section 102(2)(C) of the public hearing provide us with a written National Environmental Policy Act (42 Executive Order 13132—Federalism copy of his or her comments. The public U.S.C. 4332(2)(C)). hearing will continue on the specified This rule does not have Federalism date until everyone scheduled to speak implications. SMCRA delineates the Paperwork Reduction Act has been given an opportunity to be roles of the Federal and State This rule does not contain heard. If you are in the audience and governments with regard to the information collection requirements that have not been scheduled to speak and regulation of surface coal mining and require approval by OMB under the wish to do so, you will be allowed to reclamation operations. One of the Paperwork Reduction Act (44 U.S.C. speak after those who have been purposes of SMCRA is to ‘‘establish a 3507 et seq.). scheduled. We will end the hearing after nationwide program to protect society Regulatory Flexibility Act everyone scheduled to speak and others and the environment from the adverse present in the audience who wish to effects of surface coal mining The Department of the Interior speak, have been heard. operations.’’ Section 503(a)(1) of certifies that this rule will not have a significant economic impact on a Public Meeting SMCRA requires that State laws regulating surface coal mining and substantial number of small entities If only one person requests an reclamation operations be ‘‘in under the Regulatory Flexibility Act (5 opportunity to speak, we may hold a accordance with’’ the requirements of U.S.C. 601 et seq.). The State submittal, public meeting rather than a public SMCRA, and section 503(a)(7) requires which is the subject of this rule, is based hearing. If you wish to meet with us to that State programs contain rules and upon counterpart Federal regulations for discuss the amendment, please request regulations ‘‘consistent with’’ which an economic analysis was a meeting by contacting the person regulations issued by the Secretary prepared and certification made that listed under FOR FURTHER INFORMATION pursuant to SMCRA. such regulations would not have a CONTACT. All such meetings will be significant economic effect upon a open to the public and, if possible, we Executive Order 13175—Consultation substantial number of small entities. In will post notices of meetings at the and Coordination With Indian Tribal making the determination as to whether locations listed under ADDRESSES. We Governments this rule would have a significant will make a written summary of each In accordance with Executive Order economic impact, the Department relied meeting a part of the Administrative 13175, we have evaluated the potential upon the data and assumptions for the Record. effects of this rule on Federally counterpart Federal regulations. recognized Indian tribes and have IV. Procedural Determinations Small Business Regulatory Enforcement determined that the rule does not have Fairness Act Executive Order 12630—Takings substantial direct effects on one or more This rule does not have takings Indian tribes, on the relationship This rule is not a major rule under 5 implications. This determination is between the Federal Government and U.S.C. 804(2), the Small Business based on the analysis performed for the Indian tribes, or on the distribution of Regulatory Enforcement Fairness Act. counterpart Federal regulation. power and responsibilities between the This rule: (a) Does not have an annual Federal Government and Indian tribes. effect on the economy of $100 million; Executive Order 12866—Regulatory The basis for this determination is our (b) Will not cause a major increase in Planning and Review decision on a State regulatory program costs or prices for consumers, This rule is exempt from review by and does not involve a Federal individual industries, Federal, State, or the Office of Management and Budget regulation involving Indian lands. local government agencies, or under Executive Order 12866. geographic regions; and (c) Does not Executive Order 13211—Regulations have significant adverse effects on Executive Order 12988—Civil Justice That Significantly Affect the Supply, competition, employment, investment, Reform Distribution, or Use of Energy productivity, innovation, or the ability The Department of the Interior has On May 18, 2001, the President issued of U.S.-based enterprises to compete conducted the reviews required by Executive Order 13211 which requires with foreign-based enterprises. This
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determination is based upon the The EPA will not institute a second public of the re-commencement of the analysis performed under various laws comment period on this document. Any scoping process and to provide for and executive orders for the counterpart parties interested in commenting on this public participation in compliance with Federal regulations. document should do so at this time. environmental documentation requirements. Unfunded Mandates DATES: Written comments must be received on or before May 14, 2003. DATES: The Council will discuss and This rule will not impose an ADDRESSES: All comments should be take scoping comments at public unfunded mandate on State, local, or addressed to: Joydeb Majumder, EPA meetings in April and May 2003. For tribal governments or the private sector Region 4, Air Toxics and Management specific dates and times of the scoping of $100 million or more in any given Branch, 61 Forsyth Street, SW., Atlanta, meetings, see SUPPLEMENTARY year. This determination is based upon Georgia 30303–8960. Copies of INFORMATION. Written scoping comments the analysis performed under various documents relative to this action are must be received on or before 5 pm., laws and executive orders for the available for inspection during normal local time, June 2, 2003. counterpart Federal regulations. business hours at the above listed ADDRESSES: The Council will take List of Subjects in 30 CFR Part 948 Region 4 location. Anyone interested in scoping comments at public meetings in Maine, Massachusetts, and New Jersey. Intergovernmental relations, Surface examining this document should make For specific locations, see mining, Underground mining. an appointment with the office at least 24 hours in advance. SUPPLEMENTARY INFORMATION. Written Dated: March 28, 2003. FOR FURTHER INFORMATION CONTACT: comments and requests for copies of the Brent Wahlquist, Joydeb Majumder at (404) 562–9121 or scoping document and other Regional Director, Appalachian Regional Sean Lakeman at (404) 562–9043. information should be directed to Paul Coordinating Center. J. Howard, Executive Director, New SUPPLEMENTARY INFORMATION: For [FR Doc. 03–9033 Filed 4–11–03; 8:45 am] England Fishery Management Council, additional information see the direct BILLING CODE 4310–05–P 50 Water Street, Newburyport, MA final rule which is published in the 01950, telephone (978) 465–0492. The rules section of this Federal Register. scoping document is accessible ENVIRONMENTAL PROTECTION Dated: March 24, 2003. electronically via the Internet at http:// AGENCY A. Stanley Meiburg, www.nefmc.org. Comments may also be Acting Regional Administrator, Region 4. sent via facsimile (fax) to (978) 465– 40 CFR Part 62 [FR Doc. 03–8954 Filed 4–11–03; 8:45 am] 3116. Comments will not be accepted if submitted via e-mail or the Internet. [FL–094–200316b; FRL–7481–7] BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Paul Approval and Promulgation of State J. Howard, Executive Director, New Plan for Designated Facilities and DEPARTMENT OF COMMERCE England Fishery Management Council Pollutants: Florida (978) 465–0492. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection Administration Agency (EPA). Background ACTION: Proposed rule. 50 CFR Part 648 The U.S. Atlantic herring fishery is managed as one stock complex along the SUMMARY: EPA proposes to approve the [I.D. 032803F] east coast from Maine to Cape Hatteras, section 111(d)/129 State Plan submitted Fisheries of the Northeastern United NC, although evidence suggests that by the Florida Department of States; Atlantic Herring Fishery; separate spawning components exist Environmental Protection (FDEP) for the Scoping Process within the stock complex. The Council State of Florida on November 29, 2001, and the Atlantic States Marine Fisheries for implementing and enforcing the AGENCY: National Marine Fisheries Commission (ASMFC or Commission) Emissions Guidelines (EG) applicable to Service (NMFS), National Oceanic and adopted management measures for the existing Commercial and Industrial Atmospheric Administration (NOAA), herring fishery in state and Federal Solid Waste Incinerators. The Plan was Commerce. waters in 1999, and NMFS approved submitted by FDEP to satisfy Federal ACTION: Notice of intent to prepare a most of the management measures Clean Air Act requirements. In the Final supplemental environmental impact contained in the Federal Herring FMP Rules Section of this Federal Register, statement (SEIS) and notice of re- on October 27, 1999. The Federal the EPA is approving the Florida State initiation of scoping process; request for Atlantic Herring FMP became effective Plan revision as a direct final rule comments. on January 10, 2001. without prior proposal because the The state and Federal management Agency views this revision as a SUMMARY: The New England Fishery plans contain similar management noncontroversial submittal and Management Council (Council) measures.The state and Federal anticipates no adverse comments. A announces its intent to prepare an management plans for herring establish detailed rationale for the approval is set amendment to the Fishery Management total allowable catches (TACs) levels in forth in the direct final rule. If no Plan (FMP) for Atlantic Herring (Clupea each of four management areas. In state significant, material, and adverse harengus) and to prepare an SEIS to waters, there are spawning area comments are received in response to analyze the impacts of any proposed restrictions and requirements for vessels this rule, no further activity is management measures. The Council is to take specified days out of the fishery contemplated. If EPA receives adverse also formally re-initiating a public (under the Commission plan). Both comments, the direct final rule will be process to determine the scope of plans include limits on the size of withdrawn and all public comments alternatives to be addressed in the vessels that can take, catch, or harvest received will be addressed in a amendment and SEIS. The purpose of herring. Each plan includes subsequent final rule based on this rule. this notification is to alert the interested administrative elements such as
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requirements for vessel, dealer, and and avoid such problems in other areas If the Council does develop a limited processor permits and reporting as the fishery continues to develop. access program in this amendment, it requirements. A control date of In July 1999, the Council made a may develop separate qualifying criteria September 16, 1999, was established for formal commitment to develop a limited for the directed herring fishery and the the Atlantic herring fishery in Federal or controlled access program for the incidental catch herring fishery. The waters (64 FR 50266, September 16, herring fishery. Scoping meetings were Council also may consider a quota- 1999). conducted in early 2000, and comments based limited access program for Additional measures for the Federal were sought on limited/controlled participants in the herring fishery. Herring FMP are being considered for access in the herring fishery, Under such a program, TACs for herring two reasons: (1) a new stock assessment particularly in Area 1A. At that time, could be specifically allocated to a for herring is available; and (2) the concern about excess capacity was limited number of individuals or Council made a commitment to consider focused on Area 1A, as Areas 2 and 3 entities. This allows the individuals or limited or controlled access in the (southern New England and Georges entities to be responsible for controlling herring fishery shortly after developing Bank) could support increased fishing their own capacity and harvesting their the Herring FMP. effort and additional capacity in the share of the resource in a way that In February 2003, the Transboundary fishery. However, some new markets maximizes their economic benefits and Resource Assessment Committee have emerged, additional harvesting and the overall benefits to the fishery. Some (TRAC), composed of both U.S. and processing capacity has developed, and examples of quota-based programs that Canadian scientists, met in St. catches from Areas 2 and 3 have may be considered include Individual Andrew’s, New Brunswick, to undertake increased somewhat, suggesting that Fishing Quotas (IFQs), group quota a joint peer review of the status of the capacity concerns in these areas may be shares, and community quota shares. transboundary herring resource and to different than they were in 2000. For In addition to establishing some kind provide collective guidance for fisheries this reason, the Council may consider a of limited access program, the Council managers to consider. The TRAC limited access program for all herring will consider the ‘‘no action assessment will be used in considering management areas. alternative;’’ that is, to allow the herring possible adjustments to the FMP, which This amendment may address one or fishery to remain an open-access may include changes to the herring more of the following issues: fishery. Consideration of the no action overfishing definition and its associated 1. According to the best available alternative is a legal requirement and is based on the fact that domestic catches reference points, revisions to the scientific information, overfishing is not are currently less than one-half the estimates of maximum sustainable yield occurring on the herring resource at this overall TAC. New markets and (MSY) and optimum yield (OY) for the time, but may occur in the future if additional harvesting capacity to fully herring fishery, adjustments to effort and capacity are not monitored utilize the herring resource are currently management areas, and/or adjustments and controlled in a proactive manner. being examined for the herring fishery. to area-specific TAC calculations. The 2. Allocation issues have arisen since In addition, an open access system Herring Plan Development Team (PDT) the establishment of the TACs in the provides the most flexibility to will review the TRAC information and herring fishery, and these issues should fishermen to move into the herring provide technical guidance on these and be examined and minimized to the fishery as an alternative to other other issues as the development of this extent practicable (examples include the fisheries. amendment proceeds. race to fish and gear conflicts resulting from the TACs). Other Effort Controls While the overall TAC for herring is 3. Interactions of herring with other more than twice recent landing levels, species and other fisheries are becoming A limited access program by itself the TAC in the inshore Gulf of Maine increasingly important, especially as all may or may not address potential (Area 1A) represents more than 60 stocks in the Northeast Region continue capacity problems in the herring fishery, percent of the total landings and has to increase. These interactions and their especially in Area 1A. For this reason, triggered a closure of the herring fishery associated impacts should be examined the Council is considering and seeking in this area every year. Some fishermen so that negative impacts can be comments on other types of effort believe that harvesting capacity in this minimized where possible and controls for the fishery, if necessary. area should be restricted to avoid appropriate. These include, but are not limited to, problems that result from excess fishing the following: capacity. One of these problems is a Measures Under Consideration 1. Vessel Upgrade Restrictions— ‘‘race to fish’’ as increasing numbers of At this time, the Council is seeking Restrictions on the overall size and vessels try to catch the TAC before the comments on a wide range of capacity of herring vessels is already others. Besides generating inefficiencies, management measures it is considering included in the FMP. However, the available TAC in this area will likely to address a range of issues. The additional restrictions on the ability of continue to be taken before the fishing measures under consideration include, herring vessels to upgrade (increase year is over. This can disrupt the supply but are not limited to, the following: their size and/or horsepower) may be an of herring for various markets and affect effective tool for controlling existing Limited Access stability in the fishery. capacity in the fishery. Management of a number of fisheries One or more kinds of permits may be 2. Trip Limits—Trip limits may slow in the Northeast Region is complicated issued to vessels fishing in one or more down the race to fish and prevent early by excess fishing capacity which makes of the management areas. Qualification closure of the fishery, especially in Area it difficult to reduce fishing mortality to criteria for limited access permits could 1A. For the herring fishery, it would be levels necessary for stock rebuilding. In take many different forms. For example, important to consider the high-volume order to avoid the problems experienced qualification criteria could be based on nature of the directed fishery and the in these fisheries, there is interest in catch levels over a particular period of need to minimize regulatory discarding. developing a limited access system for time, possession of another permit, 3. Days at Sea (DAS) for the Herring the herring fishery to possibly address future performance in the fishery, or any Fishery—Limits on the number of days existing capacity problems in Area 1A combination of these standards. that vessels can fish for herring is
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another way to control effort in the establishing areas for fishing with purse may be direct, individual, or fishery. seines and/or midwater trawls only. cumulative. 4. Days Out of the Herring Fishery— 3. Clarification of the Definition of This scoping process will also Requirements for vessels to take days Midwater Trawl—The Council may identify and eliminate from detailed out of the herring fishery were included consider revising the regulatory analysis issues that are not significant. in the Herring FMP, but were not definition of a midwater trawl to When, after the scoping process is approved by NMFS for several reasons. improve enforcement and clarify completed, the Council proceeds with The Commission implemented days out perceptions about the gear intended to the development of an amendment to of the fishery in state waters through the be fished. the Herring FMP, the Council will Interstate FMP for herring and has 4. Spawning Area Restrictions— prepare an SEIS to analyze the impacts found it to be an effective tool to slow Spawning area restrictions were of a range of alternatives under the race to fish. For this reason, the included in the Herring FMP, but were consideration. The Council will hold Council may re-consider a program for not approved by NMFS for several public hearings to receive comments on days out of the Federal fishery. Such a reasons. The Commission implemented the draft amendment and on the program may be based on no-fishing spawning area restrictions through the analysis of its impacts presented in the days or no-landing days (as is currently Interstate FMP for herring. The Council SEIS. in the Comission plan). is seeking comment on whether or not these restrictions should be re- Scoping Hearing Schedule Management Area Boundaries considered in this amendment. The Council will discuss and take The recently-completed TRAC 5. Improved Coordination with scoping comments at public meetings as Assessment of the herring resource Mackerel Management— Mackerel is follows: recommends, among other things, managed through the Mid-Atlantic 1. Monday, April 28, 2003, 7 p.m., consideration of some adjustments to Fishery Management Council’s Squid/ Holiday Inn, 31 Hampshire Street, the existing management area Mackerel/Butterfish FMP. The Council Mansfield, MA 02048. Telephone (508) boundaries for the herring fishery. The recognizes the overlap between the 339–2200. Council will consider these herring and mackerel fisheries and the recommendations as well as other need to better coordinate the 2. Tuesday, April 29, 2003, 7 p.m., comments received during the scoping management of these resources. The Kings Grant Hotel, Trask Road, Route period regarding adjustments to existing Council is seeking comments on how to 128, Exit 21N, Danvers, MA 01923. herring management area boundaries. better coordinate herring and mackerel Telephone (978) 774–6800. management. 3. Tuesday, May 6, 2003, 7 p.m., Other Measures and Adjustments 6. Bycatch and Bycatch Monitoring— Samoset Resort and Conference Center, Under Consideration The Council is seeking comments on 220 Warrenton Street, Rockport, ME Because of the new TRAC Assessment measures to minimize bycatch and to 04856. Telephone (207) 594–2511. and other management issues that have better monitor the nature of bycatch in 4. Monday, May 12, 2003, 7 p.m., emerged over the past 3 years, the the herring fishery. This includes Clarion Hotel and Conference Center, Council may consider additional consideration of requirements for 6821 Black Horse Pike, Egg Harbor measures for development in this observer coverage in the fishery. Township/Atlantic City West, NJ 08234. amendment. Telephone (609) 272–0200/(800) 782– 1. Transboundary Nature of the Scoping Process 9237. Resource and Interactions with All persons affected by or otherwise Special Accommodations Canadian Herring Fisheries—The interested in herring management are Council is seeking comments on more invited to participate in determining the The meetings are accessible to people effective ways to address the scope and significance of issues to be with physical disabilities. Requests for transboundary nature of this resource. analyzed by submitting written sign language interpretation or other Specifically, the Council is seeking comments (see ADDRESSES) or by auxiliary aids should be directed to Paul comments on interactions between U.S. attending one of the scoping hearings. J. Howard (see ADDRESSES) at least 5 herring management and the New Scoping consists of the range of actions, days prior to this meeting date. Brunswick weir fishery, the southwest alternatives, and impacts to be Authority: 16 U.S.C. 1801 et seq. Nova Scotia herring fishery, and the considered. Alternatives include the Canadian fishery for herring on Georges following: not amending the Dated: April 9, 2003. Bank. management plan (taking no action), Richard W. Surdi, 2. Seine-only and/or Trawl-only developing an amendment that contains Acting Director, Office of Sustainable Areas—To reduce gear conflicts management measures such as those Fisheries, National Marine Fisheries Service. associated with the TACs and the race discussed in this notice, or other [FR Doc. 03–9059 Filed 4–11–03; 8:45 am] to fish, the Council may consider reasonable courses of action. Impacts BILLING CODE 3510–22–S
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Notices Federal Register Vol. 68, No. 71
Monday, April 14, 2003
This section of the FEDERAL REGISTER 3. Historic Preservation Tax DEPARTMENT OF AGRICULTURE contains documents other than rules or Incentives proposed rules that are applicable to the C. Revision of ACHP Strategic Plan Forest Service public. Notices of hearings and investigations, committee meetings, agency decisions and IV. Preserve America Program Basin Creek Fuels Reduction Project, rulings, delegations of authority, filing of Development Beaverhead-Deerlodge National petitions and applications and agency A. Presidential Awards Forest, Silver Bow, County, MT statements of organization and functions are B. Preserve America Communities examples of documents appearing in this V. Preserve America Executive Order AGENCY: Forest Service, USDA. section. Implementation ACTION: Notice of intent to prepare an A. Interagency Assistance Efforts Environmental Impact Statement. ADVISORY COUNCIL ON HISTORIC B. Guidelines for Federal Agency SUMMARY: The USDA, Forest Service, PRESERVATION Reports Beaverhead-Deerlodge National Forest, VI. Report of the Preservation Initiatives will prepare an Environmental Impact Meeting Notice Committee Statement (EIS) to document the AGENCY: Advisory Council on Historic A. Federal Heritage Tourism Summit analysis and disclose the environmental Preservation. II impacts of proposed vegetation ACTION: Notice of meeting. B. ACHP Donations Strategy treatments in the Basin Creek watershed VII. Report of the Federal Agency south of Butte, Montana. SUMMARY: Notice is hereby given that Programs Committee The project area is located in the the Advisory Council on Historic A. Army Alternate Procedures— southern half of the Basin Creek Preservation (ACHP) will meet on Amendment and Implementation watershed within the Highland Friday, May 9, 2003. The meeting will Report Mountains in southwestern Montana (Township 2 North, Range 7 West be held in Room M–09 at the Old Post B. Program Comment for Dudded sections 29, 31, 32; Township 1 North, Office Building, 1100 Pennsylvania Areas Avenue, NW., Washington, DC, Range 7 West, sections 5–8, 17–20; C. Section 106 Cases beginning at 9 a.m. Township 1 North, Range 8 West, The ACHP was established by the VIII. Report of the Communications, sections 1–4, 9–12, 13–16, 21–24; and National Historic Preservation Act of Education, and Outreach Township 2 North, Range 8 West, 1966 (16 U.S.C. 470 et seq.) to advise the Committee section 23). President and the Congress on matters A. Publicity for Preserve America and The Beaverhead-Deerlodge National relating to historic preservation and to Executive Order Forest is proposing to treat forested comment upon Federal, federally B. Dissemination of ACHP areas in the Basin Creek Project Area to assisted, and federally licensed Publications reduce the likelihood of high intensity undertakings having an effect upon IX. Chairman’s Report rapidly spreading fire to reduce risks to properties listed in or eligible for A. Meeting with Tribal fire fighter and public safety, private inclusion in the National Register of Representatives property, and water quality in the Basin Historic Places. The ACHP’s members B. Reissue of Federal Stewardship Creek Municipal Watershed. The are the Architect of the Capitol; the Report proposed action will reduce high levels Secretaries of the Interior, Agriculture, X. Executive Director’s Report of wildland fuels in two main areas of concern, a 3,900-acre area southwest of Defense, and Transportation; the XI. New Business Administrators of the Environmental the Roosevelt Drive subdivision and a Protection Agency and General Services XII. Adjourn 9,000-acre area in the Basin Creek Administration; the Chairman of the Note: The meetings of the ACHP are open Municipal watershed. Treatments National Trust for Historic Preservation; to the public. If you need special would include up to 1,500 acres of the President of the National Conference accommodations due to a disability, please slashing, burning, and timber harvest in of State Historic Preservation Officers; a contact the Advisory Council on Historic the area below the Roosevelt Drive Governor; a Mayor; a Native Hawaiian; Preservation, 1100 Pennsylvania Ave., NW., subdivision. No permanent road and eight non-Federal members Room 809, Washington, DC, 202–606–8503, construction is proposed in this area; at least seven (7) days prior to the meeting. appointed by the President. however, there may be some need for The agenda for the meeting includes FOR FURTHER INFORMATION CONTACT: temporary roads. Close coordination the following: Additional information concerning the with the local homeowners will occur in I. Chairman’s Welcome meeting is available from the Executive the specific design of treatments. II. Presentation of Chairman’s Awards Director, Advisory Council on Historic A large portion (5,700 acres) of the for Federal Achievement in Historic Preservation, 1100 Pennsylvania Ave., municipal watershed is in an Preservation NW., #809, Washington, DC 20004. inventorized roadless area. Fire III. Report of the Executive Committee simulation models are being used to Dated: April 9, 2003. A. FY 2004 ACHP Appropriations determine where treatments would be B. Legislative Issues John M. Fowler, the most effective in slowing fire while 1. ACHP Reauthorization Legislation Executive Director. minimizing the number of acres needing 2. Surface Transportation [FR Doc. 03–9038 Filed 4–11–03; 8:45 am] to be treated. Modeling has not been Reauthorization Legislation BILLING CODE 4310–10–M completed at this time, therefore, no
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estimate of number of acres is known at involvement is to identify additional To assist the Forest Service in this time. No permanent or temporary issues and to refine general issues. identifying and considering issues and road construction is proposed within Scoping notices were mailed to the concerns on the proposed action, the inventorized roadless area. public on March 29, 2002 and February comments on the draft environmental Reconstruction of the Herman Gulch 11, 2003. impact statement should be as specific Road is being considered to improve the People may visit with Forest Service as possible. It is also helpful if route for firefighter and public access officials at any time during the analysis comments refer to specific pages or during emergency situations and and prior to the decision. Two periods chapters of the draft statement. address soil erosion issues. are specifically designated for Comments may also address the No treatments would be proposed comments on the analysis: (1) during adequacy of the draft environmental within INFISH defined riparian habitat the scoping process, and (2) during the impact statement or the merits of the conservation areas. No treatment within draft EIS period. alternatives formulated and discussed in old-growth forest is planned. During the scoping process, the Forest the statement. Reviewers may wish to Alternatives: This EIS will evaluate Service seeks additional information refer to the Council on Environmental alternative methods to meet the and comments from individuals or Quality Regulations for implementing designated Purpose and Need for the organizations that may be interested in the procedural provisions of the action: or affected by the proposed action, and National Environmental Policy Act at 40 1. Minimize the risks to water quality federal, state, and local agencies. The CFR 1503.3 in addressing these points. in the event of wildland fire in the Basin Forest Service invites written comments The responsible official will make the Creek Municipal Watershed. and suggestions on this action, decision on this proposal after 2. Reduce the potential of damage to particularly in terms of issues and considering comments and responses, public and private property and alternative development. environmental consequences discussed structures within the project area from The draft EIS is anticipated to be in the final EIS, applicable laws, wildland fire. available for review in June 2003. The regulations, and policies. The decision 3. Modify vegetative conditions to final EIS planned for completion in and reasons for the decision will be increase firefighter and public safety. December 2003. documented in a Record of Decision. At least one alternative will exclude any The Environmental Protection Agency Dated: April 7, 2003. treatments within the inventorized will publish the notice of availability of Thomas K. Reilly, roadless area. As required by NEPA, a the draft Environmental Impact Forest Supervisor. Statement in the Federal Register. The ‘‘no action’’ alternative will be analyzed [FR Doc. 03–9010 Filed 4–11–03; 8:45 am] as a baseline for gauging the potential Forest will also publish a legal notice of BILLING CODE 3410–11–M impacts of action alternatives. Forest its availability in the Montana Standard Plan Visual Quality Objectives for the Newspaper, Butte, Montana. A 45-day project area are fairly restrictive. comment period on the draft EIS will DEPARTMENT OF AGRICULTURE Proposed treatments may require a begin the day after the legal notice is Forest Plan amendment. published. Forest Service Public Involvement: The public will The Forest Service believes, at this be invited to comment on the Draft EIS early stage, it is important to give Lower Big Creek, Kootenai National during a public open house, field trip, reviewers notice of several court rulings Forest, Lincoln County, MT and in writing to the Beaverhead- related to public participation in the AGENCY: Forest Service, USDA. Deerlodge National Forest. The location environmental review process. First, and time of the open house and time of reviewers of draft environmental impact ACTION: Notice of intent to prepare an the site field visit will be announced in statements must structure their environmental impact statement. the local news media, as dates are participation in the environmental SUMMARY: The USDA—Forest Service determined. The public may contact the review of the proposal so that it is will prepare an Environmental Impact Forest to have their name added to a meaningful and alerts an agency to the Statement to disclose the environmental project mailing list. reviewer’s position and contentions. effects of timber harvest, prescribed DATES: Initial comments concerning the Vermont Yankee Nuclear Power Corp. v. burning, and road management in the scope of the analysis should be received NRDC, 435 U.S. 519,553 (1978). Also, Lower Big Creek Decision Area on the in writing no later than 30 days from the environmental objections that could be Rexford Ranger District of the Kootenai publication of this notice of intent. raised at the draft environmental impact National Forest. The Decision Area is statement stage but that are not raised ADDRESSES: The responsible official is located approximately 15 miles Dale Bosworth, Chief of the Forest until after completion of the final southwest of Eureka, Montana. Service. Please send written comments environmental impact statement may be waived or dismissed by the courts. City DATES: Written comments and to Thomas K. Reilly, Forest Supervisor, suggestions should be postmarked or 420 Barrett Street, Dillon, MT 59725. of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin received within 30 days following Comments may also be electronically publication of this notice. _ Heritages, Inc. v. Harris, 490 F. Supp. submitted to r1 b- ADDRESSES: Written comments and [email protected]. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important suggestions concerning the scope of the FOR FURTHER INFORMATION CONTACT: that those interested in this proposed analysis should be sent to Glen M. Steve Egeline, Acting Butte District action participate by the close of the 45- McNitt, District Ranger, Rexford Ranger Ranger, Beaverhead-Deerlodge National day comment period so that substantive District, 1299 U.S. Highway 93 N, Forest, 1820 Meadowlark Lane, Butte, comments and objections are made Eureka, MT 59917. MT 59701, or phone (406) 494–0219. available to the Forest Service at a time FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Public when it can meaningfully consider them Chris Fox, Interdisciplinary Team participation is important to this and respond to them in the final Leader, Rexford Ranger District, Phone: analysis. Part of the goal of public environmental impact statement. (406) 296–2536.
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SUPPLEMENTARY INFORMATION: The managed plantations and natural stands days from the date the EPA publishes Decision Area contains approximately that have regenerated after wildfire. the NOA in the Federal Register. It is 64,000 acres of land within the Kootenai Precommercial thinning would not very important that those interested in National Forest. Proposed activities occur in lynx habitat. the management of this area participate within the Decision Area include all or Forest Plan Amendments: The at that time. portions of the following areas: T34– Proposed Action includes two project- The final EIS (FEIS) is scheduled to be 35N, R29–30W, PMM, Lincoln County, specific Forest Plan amendments Montana. necessary to meet the project’s completed by August 2003. In the FEIS, All proposed activities are outside the objectives: the Forest Service is required to respond boundaries of any roadless area or any An amendment to allow harvest in 15 to comments and responses received areas considered for inclusion to the units adjacent to existing openings in during the comment period that pertain National Wilderness System as Management Area (MA) 12 (Big Game to the environmental consequences recommended by the Kootenai National Summer Range). The amendment would discussed in the DEIS, and applicable Forest Plan or by any past or present be needed to suspend Wildlife and Fish laws, regulations, and policies legislative wilderness proposals, with Standard #7 and Timber Standard #2 for considered in making a decision the exception of approximately 840 this area. These standards state that regarding the proposal. acres of underburning-only in the Big movement corridors and adjacent hiding Reviewer’s Obligations: The Forest cover be retained. The resulting opening Creek Inventoried Roadless Area. Service believes it is important to give Purpose and Need: The purpose and sizes more closely correlate to natural reviewers notice of several court rulings need for the project is to: (1) Reduce fuel disturbance patterns. Snags and down accumulations to decrease the woody material would be left to provide related to public participation in the likelihood that fires would become large wildlife habitat and maintain soil environmental review process. First, stand-replacing wildfires; (2) Restore productivity. reviewers of DEIS’ must structure their characteristic vegetation patterns (patch An amendment to allow MA 12 open participation in the environmental sizes and stand structure) on the road density to be managed at 1.18 review of the proposal so that it is landscape; (3) Provide a transportation miles/square mile during project meaningful and alerts an agency to the system that increases security for grizzly implementation. The amendment would reviewer’s position and contentions. bears, reduces impacts to aquatic needed to suspend Facilities Standard Vermont Yankee Nuclear Power Corp. v. resources, improves riparian wildlife #3, which states that open road density NRDC, 435 U.S. 519, 553 (1978). Also, habitat, and insures economical and safe should be maintained at 0.75 miles/ environmental objections that could be access; and (4) Respond to the social square mile. The open road density raised at the draft environmental impact and economic needs of the public. would return to 0.74 following project statement stage may be waived or Proposed Activities: The Forest completion. dismissed by the courts. City of Angoon Service proposes to use regeneration Range of Alternatives: The Forest v. Hodel, 803, F.2d 1016, 1022 9th Cir. harvest on approximately 2,650 acres, Service will consider a range of 1986) and Wisconsin Heritages, Inc. v. shelterwood-commercial thin harvest on alternatives. One of these will be the Harris, 490 F. Supp. 1334, 1338 (E.D. approximately 350 acres, commercial ‘‘no action’’ alternative, in which none Wis. 1980). Because of these court thinning on approximately 560 acres, of the proposed activities will be rulings, it is very important that those and roadside salvage and post and pole implemented. Additional alternatives interested in this Proposed Action harvest on approximately 75 acres. will be considered to achieve the participate by the close DEIS 45 day project’s purpose and need for action, The Proposed Action would result in comment period so that substantive and to respond to specific resource nineteen openings over 40 acres, comments and objections are made ranging from 98 to 530 acres. A 60-day issues and public concerns. available to the Forest Service at a time public review period, and approval by Public Involvement and Scoping: In when it can meaningfully consider and the Regional Forester for exceeding the November 2002, efforts were made to respond to them in the FEIS. 40 acre limitation for regeneration involve the public in considering harvest, would be required prior to the management opportunities within the To be most helpful, comments on the signing of the Record of Decision. This Decision Area. A scoping package was DEIS should be as specific as possible, 60-day period is initiated with this mailed for public review on November and may address the adequacy of the Notice of Intent. 5, 2002. A field trip was held on statement or the merit of the alternatives The Proposed Action includes November 15, 2002; an open house was discussed. Reviewers may wish to refer approximately 3,625 acres of prescribed held on November 21, 2002. Comments to the Council on Environmental burning in association with timber received prior to this notice will be Quality regulations (40 CFR 1503.3) for harvest, and approximately 1,100 acres included in the documentation for the implementing the procedural provisions of prescribed burning without timber EIS. of the National Environmental Policy harvest. Estimated Dates for Filing: While Act. The Proposed Action also includes public participation in this analysis is maintenance activities on portions of welcome at any time, comments Responsible Official: As the Forest approximately 109 miles of road to meet received within 30 days of the Supervisor of the Kootenai National Best Management Practices; publication of this notice will be Forest, 1101 U.S. Highway 2 West, decommissioning approximately 25 especially useful in the preparation of Libby, MT 59923, I am the Responsible miles of closed roads; placing 14 miles the Draft EIS (DEIS). The DEIS is Official. As the Responsible Official, I of roads (which are currently restricted expected to be filed with the will decide if the proposed project will year-long to motor vehicles) in storage; Environmental Protection Agency (EPA) be implemented. I will document the and reconstructing approximately 1.7 and to be available for public review by decision and reasons for the decision in miles of existing road. May 2003. At that time EPA will the Record of Decision. I have delegated The Proposed Action includes publish a Notice of Availability (NOA) the responsibility for preparing the DEIS precommercial thinning of sapling-sized of the DEIS in the Federal Register. The and FEIS to Glen M. McNitt, District trees on approximately 300 acres within comment period on the DEIS will be 45 Ranger, Rexford Ranger District.
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Dated: April 3, 2003. 1320 (60 FR 44978, August 29, 1995), is estimated to average 30 minutes per Bob Castaneda, this notice announces the intention of response. Forest Supervisor, Kootenai National Forest. the National Agricultural Statistics Respondents: Farms. [FR Doc. 03–8988 Filed 4–11–03; 8:45 am] Service (NASS) to seek approval for Estimated Number of Respondents: BILLING CODE 3410–11–M reinstatement of an information 25,000. collection, the Farm and Ranch Estimated Total Annual Burden on Irrigation Survey. Respondents: 12,500 hours. DEPARTMENT OF AGRICULTURE DATES: Comments on this notice must be Copies of this information collection received by June 18, 2003, to be assured and related instructions can be obtained Forest Service of consideration. without charge from Ginny McBride, NASS Information Collection Clearance ADDRESSES: Comments may be mailed to Trinity County Resource Advisory Officer, at (202) 720–5778. Ginny McBride, NASS Information Committee Comments are invited on: (a) Whether Collection Clearance Officer, U.S. the proposed collection of information AGENCY: Forest Service, USDA. Department of Agriculture, Room 5336 is necessary for the proper performance ACTION: Notice of meeting. South Building, 1400 Independence of the functions of the agency, including Avenue, SW., Washington, DC 20250– SUMMARY: whether the information will have The Trinity County Resource 2024 or sent electronically to practical utility; (b) the accuracy of the Advisory Committee (RAC) will meet on [email protected]. May 5, 2003 in Weaverville, California. agency’s estimate of the burden of the The purpose of the meeting is to discuss FOR FURTHER INFORMATION CONTACT: proposed collection of information the selection of Title II projects under Carol House, Associate Administrator, including the validity of the Public Law 106–393, H.R. 2389, the National Agricultural Statistics Service, methodology and assumptions used; (c) Secure Rural Schools and Community U.S. Department of Agriculture, (202) ways to enhance the quality, utility, and Self-Determination Act of 2000, also 720–4333. clarity of the information to be called the ‘‘Payments to States’’ Act. SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the DATES: The meeting will be held on May Title: Farm and Ranch Irrigation burden of the collection of information 5, 2003 from 6:30 to 8:30 p.m. Survey. on those who are to respond, including ADDRESSES: The meeting will be held at OMB Control Number: 0535—0234. through the use of appropriate the Trinity County Office of Education Type of Request: Intent to Seek automated, electronic, mechanical, or Conference Room, 201 Memorial Drive, Approval to Reinstate an Information other technological collection Weaverville, California. Collection. techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Ann Abstract: The Farm and Ranch All responses to this notice will Garland, Designated Federal Official, Irrigation Survey is conducted every 5 become a matter of public record and be USDA, Six Rivers National Forest, PO years as authorized by the Census of summarized in the request for OMB Box 68, Willow Creek, CA 95573. Agriculture Act of 1997 (Pub. L. No. approval. Phone: (530) 629–2118. Email: 105–113). The 2003 Farm and Ranch [email protected]. Irrigation Survey will use a probability Signed in Washington, DC, March 24, sample from farms that reported 2003. SUPPLEMENTARY INFORMATION: The irrigation on the 2002 Census of Carol House, committee will discuss proposed fuels Agriculture. This irrigation survey will Associate Administrator. reduction, watershed restoration, and provide a comprehensive inventory of public project. The meeting is open to [FR Doc. 03–9039 Filed 4–11–03; 8:45 am] farm irrigation practices with detailed BILLING CODE 3410–20–P the public. Public input opportunity data relating to acres irrigated by will be provided and individuals will category of land use, acres and yields of have the opportunity to address the irrigated and non-irrigated crops, DEPARTMENT OF COMMERCE committee at that time. quantity of water applied, and method Dated: April 7, 2003. of application to selected crops. Also National Oceanic and Atmospheric S.E. ‘Lou’ Woltering, included will be 2003 expenditures for Administration Forest Servisor. maintenance and repair of irrigation [I.D. 021203A] [FR Doc. 03–9016 Filed 4–11–03; 8:45 am] equipment and facilities; purchase of energy for on-farm pumping of irrigation BILLING CODE 3410–11–M Small Takes of Marine Mammals water; investment in irrigation Incidental to Specified Activities; equipment, facilities, and land Oceanographic Surveys in the Hess DEPARTMENT OF AGRICULTURE improvement; and cost of water Deep, Eastern Equatorial Pacific Ocean received from off-farm water supplies. National Agricultural Statistics Service Irrigation data are used by the farmers, AGENCY: National Marine Fisheries their representatives, government Service (NMFS), National Oceanic and Notice of Intent To Seek Reinstatement agencies, and many other groups Atmospheric Administration (NOAA), of an Information Collection concerned with the irrigation industry. Commerce. AGENCY: National Agricultural Statistics This survey will provide the only source ACTION: Notice of receipt of application Service, USDA. of dependable, comparable irrigation and proposed authorization for a small ACTION: Notice and request for data by State. The National Agricultural take exemption; request for comments. comments. Statistics Service will use the information collected only for statistical SUMMARY: NMFS has received an SUMMARY: In accordance with the purposes and will publish the data only application from the Lamont-Doherty Paperwork Reduction Act of 1995 (Pub. as tabulated totals. Earth Observatory (LDEO) for an L. 104–13) and Office of Management Estimate of Burden: Public reporting Incidental Harassment Authorization and Budget regulations at 5 CFR part burden for this collection of information (IHA) to take small numbers of marine
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mammals, by harassment, incidental to Subsection 101(a)(5)(D) of the MMPA towed streamer containing hydrophones conducting oceanographic surveys in established an expedited process by to receive the returning acoustic signals. the Hess Deep in international waters of which citizens of the United States can All planned geophysical data the Eastern Equatorial Pacific Ocean. apply for an authorization to acquisition activities will be conducted Under the Marine Mammal Protection incidentally take small numbers of by LDEO scientists, with the Act (MMPA), NMFS is requesting marine mammals by harassment. The participation of scientists from the comments on its proposal to issue a MMPA defines ‘‘harassment’’ as: University of Texas at Austin, TX. Water small take authorization to LDEO to any act of pursuit, torment, or annoyance depths in the Hess Deep survey area incidentally take, by harassment, small which (i) has the potential to injure a marine will range from approximately 2,000 to numbers of several species of cetaceans mammal or marine mammal stock in the 3,400 m (6,560 to 11,150 ft). A total of and pinnipeds for a limited period of wild; or (ii) has the potential to disturb a 912 km (492 nm) of MCS (Multi marine mammal or marine mammal stock in time within the next year. Channel Seismic) surveys using a 10– the wild by causing disruption of behavioral gun array and 189 km (102 nm) of OBS DATES: Comments and information must patterns, including, but not limited to, be received no later than May 14, 2003. migration, breathing, nursing, breeding, surveys using a 12–gun array are planned to be conducted. These line- ADDRESSES: Comments on the feeding, or sheltering. kilometer figures represent the planned application should be addressed to (B) The term ‘‘Level A harassment’’ means production surveys. There will be Chief, Marine Mammal Conservation harassment described in subparagraph (A)(i). additional operations associated with Division, Office of Protected Resources, (C) The term ‘‘Level B harassment’’ means harassment described in subparagraph (A)(ii). equipment testing, startup, line changes, National Marine Fisheries Service, 1315 and repeat coverage of any areas where East-West Highway, Silver Spring, MD Subsection 101(a)(5)(D) establishes a 45–day time limit for NMFS review of initial data quality is sub-standard. 20910–3225, or by telephoning the The procedures to be used for the contact listed here. A copy of the an application followed by a 30–day public notice and comment period on 2003 seismic survey will be similar to application, Environmental Assessment those used during previous seismic (EA) and/or a list of the references used any proposed authorizations for the incidental harassment of small numbers surveys by LDEO, e.g., in the equatorial in this document may be obtained by Pacific Ocean (Carbotte et al., 1998, writing to this address or by telephoning of marine mammals. Within 45 days of the close of the comment period, NMFS 2000). The proposed program will use the contact listed here. Comments conventional seismic methodology with cannot be accepted if submitted via e- must either issue or deny issuance of the authorization. a towed airgun array as the energy mail or the Internet. source and a towed streamer containing FOR FURTHER INFORMATION CONTACT: Summary of Request hydrophones as the receiver system, Kenneth R. Hollingshead, Office of sometimes in combination with OBS On January 29, 2003, NMFS received Protected Resources, NMFS, (301) 713– receivers placed on the bottom. The an application from LDEO for the 2055, ext 128, energy to the airgun array is compressed taking, by harassment of several species SUPPLEMENTARY INFORMATION: air supplied by compressors on board of marine mammals incidental to the source vessel. The specific Background conducting a seismic survey program in configuration of the airgun array will Sections 101(a)(5)(A) and (D) of the the Hess Deep portion of the Eastern differ between the OBS and MCS MMPA (16 U.S.C. 1361 et seq.) directs Equatorial Pacific Ocean about 600 surveys, as described later in this the Secretary of Commerce to allow, nautical miles (nm)(690 land miles; document. In addition, a multi-beam upon request, the incidental, but not 1111.2 km) west of the Galapagos bathymetric sonar will be operated from intentional, taking of marine mammals Islands during March and April 2003, the source vessel at most times during by U.S. citizens who engage in a but rescheduled for July, 2003. The the Hess Deep survey. A lower-energy specified activity (other than purpose of this survey is to obtain sub-bottom profiler, which is routinely commercial fishing) within a specified information on movements of the earth’s operated at the same time as the multi- geographical region if certain findings plates and on formations associated beam sonar during other projects, will are made and either regulations are with those movements. More not be operated during this cruise. issued or, if the taking is limited to specifically, the Hess Deep survey will The R/V Maurice Ewing will be used harassment, a notice of a proposed obtain information on the geologic as the source vessel. It will tow the authorization is provided to the public nature of boundaries of the earth’s crust airgun array (either 10 or 12 guns) and for review. at fast-spreading and intermediate- a streamer containing hydrophones Permission may be granted if NMFS spreading ridges at the boundaries of along predetermined lines. The vessel finds that the taking will have a tectonic plates. Past studies have will travel at 4–5 knots (7.4–9.3 km/hr), negligible impact on the species or mapped these areas using manned and seismic pulses will be emitted at stock(s) and will not have an submersibles and remotely piloted intervals of 60–90 seconds (OBS lines) unmitigable adverse impact on the vehicles, but they have not provided a and approximately 20 seconds (all other availability of the species or stock(s) for link between geologic and seismic lines). The 20–sec spacing corresponds subsistence uses and that the structure. This study will provide the to a shot interval of about 50 m (164 ft). permissible methods of taking and seismic data to assess the geologic The 60–90 sec spacing along OBS lines requirements pertaining to the nature of the previously mapped areas. is to minimize previous shot noise monitoring and reporting of such Description of the Activity during OBS data acquisition, and the takings are set forth. NMFS has defined exact spacing will depend on water ‘‘negligible impact’’ in 50 CFR 216.103 The seismic survey will involve a depth. The 10–gun array will be used as ’’...an impact resulting from the single vessel, the R/V Maurice Ewing, during MSC surveys and the 12–gun specified activity that cannot be which will deploy and retrieve the array will be used during OBS surveys. reasonably expected to, and is not Ocean Bottom Seismometers (OBSs) and The airguns will be widely spaced in an reasonably likely to, adversely affect the conduct the seismic work. The Maurice approximate rectangle with dimensions species or stock through effects on Ewing will deploy an array of airguns as 35 m (114.9 ft)(across track) by 9 m (29.5 annual rates of recruitment or survival.’’ an energy source, plus a 6–km (3.2–nm) ft)(along track). Individual airguns range
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in size from 80 to 850 in3, with total extent of about 140 degrees, with tiny Potential Effects on Marine Mammals volumes of the arrays being 3005 and (<1 millisec) gaps between the pulses As outlined in several previous NMFS 3721 in3 for the 10– and 12–gun arrays, for successive 30–degree segments. The documents, the effects of noise on respectively. total duration of the ‘‘ping’’, including marine mammals are highly variable, The 10–airgun array will have a peak all 5 successive segments, varies with µ and can be categorized as follows (based sound source level of 248 dB re 1 Pa water depth but is 1 millisec in water on Richardson et al., 1995): or 255 dB peak-to-peak (P-P). The 12– depths >500 m (1640.4 ft) and 10 (1) The noise may be too weak to be airgun array will have a peak sound µ millisec in the deepest water. heard at the location of the animal (i.e., source level of 250 dB re 1 Pa or 257 Additional information on the airgun lower than the prevailing ambient noise dB P-P. These are the nominal source array and Atlas Hydrosweep level, the hearing threshold of the levels for the sound directed downward, specifications is contained in the animal at relevant frequencies, or both); and represent the theoretical source (2) The noise may be audible but not level close to a single point source application, which is available upon request (see ADDRESSES). strong enough to elicit any overt emitting the same sound as that emitted behavioral response; by the array of 10 or 12 sources. Because Description of Habitat and Marine (3) The noise may elicit reactions of the actual source is a distributed sound Mammals Affected by the Activity variable conspicuousness and variable source (10 or 12 guns) rather than a relevance to the well being of the single point source, the highest sound A detailed description of the Eastern marine mammal; these can range from levels measurable at any location in the Equatorial Pacific Ocean and its temporary alert responses to active water will be less than the nominal associated marine mammals can be avoidance reactions such as vacating an source level. Also, because of the found in a number of documents area at least until the noise event ceases; downward directional nature of the referenced in the LDEO application and (4) Upon repeated exposure, a marine sound from these airgun arrays, the is not repeated here. Approximately 27 mammal may exhibit diminishing effective source level for sound species of cetaceans and possibly two responsiveness (habituation), or propagating in near-horizontal species of pinnipeds may inhabit the disturbance effects may persist; the directions will be substantially lower. area of the Hess Deep. These species are latter is most likely with sounds that are Along selected lines, OBSs will be the sperm whale (Physeter highly variable in characteristics, positioned by the R/V Maurice Ewing macrocephalus), pygmy sperm whale infrequent and unpredictable in prior to the time when it begins airgun (Kogia breviceps), dwarf sperm whale occurrence (as are vehicle launches), operations in that area. After OBS lines (Kogia sima), Cuvier’s beaked whale and associated with situations that a are shot, the R/V Maurice Ewing will (Ziphius cavirostris), Longman’s beaked marine mammal perceives as a threat; retrieve the OBSs, download the data, (5) Any anthropogenic noise that is whale (Indopacetus pacificus), pygmy and refurbish the units. strong enough to be heard has the beaked whale (Mesoplodon peruvianus), Along with the airgun operations, one potential to reduce (mask) the ability of additional acoustical data acquisition Ginkgo-toothed beaked whale a marine mammal to hear natural activity will occur throughout most of (Mesoplodon ginkgodens), Blainville’s sounds at similar frequencies, including the cruise. The ocean floor will be beaked whale (Mesoplodon calls from conspecifics, and underwater mapped with an Atlas Hydrosweep DS– densirostris), rough-toothed dolphin environmental sounds such as surf 2 multi-beam 15.5–kHz bathymetric (Steno bredanensis), bottlenose dolphin noise; sonar. The Atlas Hydrosweep is (Tursiops truncatus), pantropical (6) If mammals remain in an area mounted in the hull of the R/V Maurice spotted dolphin (Stenella attenuata), because it is important for feeding, Ewing, and it operates in three modes, spinner dolphin (Stenella longirostris), breeding or some other biologically depending on the water depth. The first striped dolphin (Stenella coeruleoalba), important purpose even though there is mode is when water depth is <400 m short-beaked common dolphin chronic exposure to noise, it is possible (1312.3 ft). The source output is 210 dB (Delphinus delphis), Fraser’s dolphin that there could be noise-induced re 1 µPa-m rms and a single 1–millisec (Lagenodelphis hosei), Risso’s dolphin physiological stress; this might (in turn) pulse or ‘‘ping’’ per second is (Grampus griseus), melon-headed whale have negative effects on the well-being transmitted, with a beamwidth of 2.67 (Peponocephala electra), pygmy killer or reproduction of the animals involved; degrees fore-aft and 90 degrees in whale (Feresa attenuata), false killer and beamwidth. The beamwidth is whale (Pseudorca crassidens), killer (7) Very strong sounds have the measured to the 3 dB point, as is usually whale (Orcinus orca), short-finned pilot potential to cause temporary or quoted for sonars. The other two modes whale (Globicephala macrorhynchus), permanent reduction in hearing are deep-water modes: The Omni mode humpback whale (Megaptera sensitivity. In terrestrial mammals, and is identical to the shallow-water mode presumably marine mammals, received novaeangliae), minke whale except that the source output is 220 dB sound levels must far exceed the (Balaenoptera acutorostrata), Bryde’s rms. The Omni mode is normally used animal’s hearing threshold for there to only during start up. The Rotational whale (Balaenoptera edeni), sei whale be any temporary threshold shift (TTS). Directional Transmission (RDT) mode is (Balaenoptera borealis), fin whale For transient sounds, the sound level normally used during deep-water (Balaenoptera physalus), and the blue necessary to cause TTS is inversely operation and has a 237 dB rms source whale (Balaenoptera musculus), related to the duration of the sound. output. In the RDT mode, each ‘‘ping’’ Galapagos fur seal (Arctocephalus Received sound levels must be even consists of five successive galapagoensis) and Galapagos sea lion higher for there to be risk of permanent transmissions, each ensonifying a beam (Zalophus wollebaeki). Additional hearing impairment. In addition, intense that extends 2.67 degrees fore-aft and information on most of these species is acoustic or explosive events may cause approximately 30 degrees in the cross- contained in Caretta et al. (2001, 2002) trauma to tissues associated with organs track direction. The five successive which is available at: http:// vital for hearing, sound production, transmissions (segments) sweep from www.nmfs.noaa.gov/protlres/PR2/ respiration and other functions. This port to starboard with minor overlap, StocklAssessmentlProgram/ trauma may include minor to severe spanning an overall cross-track angular sars.html. hemorrhage.
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Characteristics of Airgun Pulses reduced. Nonetheless, they also emit than sounds arriving via a direct path. Airguns function by venting high- sounds that travel horizontally toward (However, sound travel in the bottom pressure air into the water. The pressure non-target areas. (3) An airgun array is may travel faster than that in the water, signature of an individual airgun a distributed source, not a point source. and thus may arrive earlier than the consists of a sharp rise and then fall in The nominal source level is an estimate direct arrival despite traveling a greater pressure, followed by several positive of the sound that would be measured distance.) These variations in travel and negative pressure excursions caused from a theoretical point source emitting time have the effect of lengthening the by oscillation of the resulting air bubble. the same total energy as the airgun duration of the received pulse. At the The sizes, arrangement and firing times array. That figure is useful in calculating source, seismic pulses are about 10 to 20 of the individual airguns in an array are the expected received levels in the far ms in duration. In comparison, the designed and synchronized to suppress field (i.e., at moderate and long pulse duration as received at long the pressure oscillations subsequent to distances). Because the airgun array is horizontal distances can be much the first cycle. The resulting downward- not a single point source, there is no one greater. For example, for one airgun directed pulse has a duration of only 10 location within the near field (or array operating in the Beaufort Sea, to 20 ms, with only one strong positive anywhere else) where the received level pulse duration was about 300 ms at a and one strong negative peak pressure is as high as the nominal source level. distance of 8 km (4.3 nm), 500 ms at 20 (Caldwell and Dragoset, 2000). Most The strengths of airgun pulses can be km (10.8 nm), and 850 ms at 73 km energy emitted from airguns is at measured in different ways, and it is (39.4 nm) (Greene and Richardson, relatively low frequencies. For example, important to know which method is 1988). typical high-energy airgun arrays emit being used when interpreting quoted Another important aspect of sound most energy at 10–120 Hz. However, the source or received levels. Geophysicists propagation is that received levels of pulses contain some energy up to 500– usually quote P-P levels, in bar-meters low-frequency underwater sounds 1000 Hz and above (Goold and Fish, or dB re 1 µPa-m. The peak (= zero-to- diminish close to the surface because of 1998). The pulsed sounds associated peak) level for the same pulse is pressure-release and interference with seismic exploration have higher typically about 6 dB less. In the phenomena that occur at and near the peak levels than other industrial sounds biological literature, levels of received surface (Urick, 1983; Richardson et al., to which whales and other marine airgun pulses are often described based 1995). Paired measurements of received mammals are routinely exposed. The P- on the ‘‘average’’ or ‘‘root-mean-square’’ airgun sounds at depths of 3 m (9.8 ft) P source levels of the 20–gun array (not (rms) level over the duration of the vs. 9 or 18 m (29.5 or 59 ft) have shown proposed to be used for the Hess Deep pulse. The rms value for a given pulse that received levels are typically several work), and the 12–gun array and 10–gun is typically about 10 dB lower than the decibels lower at 3 m (9.8. ft)(Greene arrays (that will be used for the Hess peak level, and 16 dB lower than the P- and Richardson, 1988). For a mammal Deep), are 262, 257, and 255 dB re 1 P value (Greene, 1997; McCauley et al., whose auditory organs are within 1/2 or µPa-m, respectively. These are the 1998, 2000a). A fourth measure that is 1 m ( 1.6 or 3.3 ft) of the surface, the nominal source levels applicable to sometimes used is the energy level, in received level of the predominant low- downward propagation. (The effective dB re 1 µPa2s. Because the pulses are >1 frequency components of the airgun source level for horizontal propagation sec in duration, the numerical value of pulses would be further reduced. is lower.) The only sources with higher the energy is lower than the rms Pulses of underwater sound from or comparable effective source levels are pressure level (but the units are open-water seismic exploration are explosions and high-power sonars different). Because the level of a given often detected 50 to 100 km (30 to 54 operating near maximum power. pulse will differ substantially nm) from the source location, even Several important mitigating factors depending on which of these measures during operations in nearshore waters need to be kept in mind. (1) Airgun is being applied, it is important to be (Greene and Richardson, 1988; Burgess arrays produce intermittent sounds, aware which measure is in use when and Greene, 1999). At those distances, involving emission of a strong sound interpreting any quoted pulse level. In the received levels on an approximate pulse for a small fraction of a second the past, NMFS has commonly rms basis are low (below 120 dB re 1 followed by several seconds of near referenced the rms levels when mPa). However, faint seismic pulses are silence. In contrast, some other acoustic discussing levels of pulsed sounds that sometimes detectable at even greater sources produce sounds with lower might ‘‘harass’’ marine mammals. ranges (e.g., Bowles et al., 1994; Fox et peak levels, but their sounds are Seismic sound received at any given al., 2002). Considerably higher levels continuous or discontinuous but point will arrive via a direct path, can occur at distances out to several continuing for much longer durations indirect paths that include reflection kms from an operating airgun array. than seismic pulses. (2) Airgun arrays from the sea surface and bottom, and With 12–gun and 10–gun arrays, the are designed to transmit strong sounds often indirect paths including segments distances at which seismic pulses are downward through the seafloor, and the through the bottom sediments. Sounds expected to diminish to received levels amount of sound transmitted in near- propagating via indirect paths travel of 190, 180, 170 dB and 160 dB re 1 µPa, horizontal directions is considerably longer distances and often arrive later on an rms basis) are as follows:
RMS Radii (m/ft) Airgun Array 190 dB 180 dB 170 dB 160 dB
12 airguns ...... 300/984 880/2887 2680/ 7250/ 8793 23786 10 airguns ...... 250/820 830/2723 2330/ 6500/ 7644 21325
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Additional information can be found Furthermore, the discontinuous nature on marine mammals, scientists often in the LDEO application. of seismic pulses makes significant resort to estimating how many mammals masking effects unlikely even for Effects of Seismic Surveys on Marine were present within a particular mysticetes. Mammals distance of industrial activities, or A few cetaceans are known to exposed to a particular level of The LDEO application provides the increase the source levels of their calls industrial sound. This likely following information on what is known in the presence of elevated sound levels, overestimates the numbers of marine about the effects, on marine mammals, or possibly to shift their peak mammals that are affected in some of the types of seismic operations frequencies in response to strong sound biologically important manner. The planned by LDEO. The types of effects signals (Dahlheim, 1987; Au, 1993; sound criteria used to estimate how considered here are (1) masking, (2) Lesage et al., 1999; Terhune, 1999; many marine mammals might be disturbance, and (3) potential hearing reviewed in Richardson et al., disturbed to some biologically- impairment and other physical effects. 1995:233ff, 364ff). These studies important degree by a seismic program Additional discussion on species involved exposure to other types of are based on behavioral observations specific effects can be found in the anthropogenic sounds, not seismic LDEO application. pulses, and it is not known whether during studies of several species. However, information is lacking for Masking these types of responses ever occur upon exposure to seismic sounds. If so, many other species. This is discussed Masking effects on marine mammal these adaptations, along with further in the LDEO application. calls and other natural sounds are directional hearing and preadaptation to Hearing Impairment and Other Physical expected to be limited. Seismic sounds tolerate some masking by natural Effects are short pulses occurring for less than sounds (Richardson et al., 1995), would 1 sec every 20 or 60–90 sec in this all reduce the importance of masking. Temporary or permanent hearing project. Sounds from the multibeam impairment is a possibility when marine Disturbance by Seismic Surveys sonar are very short pulses, occurring mammals are exposed to very strong for 1–10 msec once every 1 to 15 sec, Disturbance includes a variety of sounds. The minimum sound level depending on water depth. (During effects, including subtle changes in necessary to cause permanent hearing operations in deep water, the duration behavior, more conspicuous dramatic impairment is higher, by a variable and of each pulse from the multibeam sonar changes in activities, and displacement. generally unknown amount, than the as received at any one location would Disturbance is the primary concern for level that induces barely-detectable actually be only 1/5th or at most 2/5th this project. Based on previous temporary threshold shift (TTS). The of 1–10 msec, given the segmented determinations by NMFS regarding level associated with the onset of TTS nature of the pulses.) Some whales are minor behavioral response by marine is often considered to be a level below known to continue calling in the mammals, LDEO presumes here that which there is no danger of damage. presence of seismic pulses. Their calls simple exposure to sound, or brief Current NMFS policy regarding can be heard between the seismic pulses reactions that do not disrupt behavioral (e.g., Richardson et al., 1986; McDonald patterns in a potentially significant exposure of marine mammals to high- et al., 1995; Greene et al., 1999). manner, do not constitute Level B level sounds is that cetaceans and Although there has been one report that harassment or ‘‘taking’’. By potentially pinnipeds should not be exposed to sperm whales cease calling when significant, LDEO means ‘‘in a manner impulsive sounds exceeding 180 and exposed to pulses from a very distant that might have deleterious effects to the 190 dB re 1 micro Pa (rms), respectively. seismic ship (Bowles et al., 1994), a well-being of individual marine Several aspects of the planned recent study reports that sperm whales mammals or their populations.’’ monitoring and mitigation measures for continued calling in the presence of However, there are difficulties in this project are designed to detect seismic pulses (Madsen et al., 2002). defining which marine mammals should marine mammals occurring near the Masking effects of seismic pulses are be counted as ‘‘taken by harassment’’. airgun array (and multi-beam sonar), expected to be negligible in the case of For many species and situations, and to avoid exposing them to sound the smaller odontocete cetaceans, given scientists do not have detailed pulses that might cause hearing the intermittent nature of seismic pulses information about their reactions to impairment. In addition, many plus the fact that sounds important to noise, including reactions to seismic cetaceans are likely to show some them are predominantly at much higher (and sonar) pulses. Behavioral reactions avoidance of the area with ongoing frequencies than are airgun sounds. of marine mammals to sound are seismic operations. In these cases, the Most of the energy in the sound difficult to predict. Reactions to sound, avoidance responses of the animals pulses emitted by airgun arrays is at low if any, depend on species, state of themselves will reduce or avoid the frequencies, with strongest spectrum maturity, experience, current activity, possibility of hearing impairment. levels below 200 Hz and considerably reproductive state, time of day, and lower spectrum levels above 1000 Hz. many other factors. If a marine mammal Non-auditory physical effects may These frequencies are mainly used by does react to an underwater sound by also occur in marine mammals exposed mysticetes, but not by odontocetes or changing its behavior or moving a small to strong underwater pulsed sound. pinnipeds. An industrial sound source distance, the impacts of the change may Possible types of non-auditory will reduce the effective communication not be significant to the individual let physiological effects or injuries that or echolocation distance only if its alone the stock or the species as a might (in theory) occur include stress, frequency is close to that of the cetacean whole. However, if a sound source neurological effects, bubble formation, signal. If little or no overlap occurs displaces marine mammals from an resonance effects, and other types of between the industrial noise and the important feeding or breeding area for a organ or tissue damage. It is possible frequencies used, as in the case of many prolonged period, impacts on the that some marine mammal species (i.e., marine mammals vs. airgun sounds, animals could be significant. Given the beaked whales) may be especially communication and echolocation are many uncertainties in predicting the susceptible to injury and/or stranding not expected to be disrupted. quantity and types of impacts of noise when exposed to strong pulsed sounds.
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TTS very high peak pressures, especially if µPa (P-P). In the units used by TTS is the mildest form of hearing they have very short rise times (time geophysicists, this is 10 bar-m. Such impairment that can occur during required for sound pulse to reach peak levels are found only in the immediate exposure to a strong sound (Kryter, pressure from the baseline pressure). vicinity of the largest airguns 1985). When an animal experiences Such damage can result in a permanent (Richardson et al., 1995:137; Caldwell TTS, its hearing threshold rises and a decrease in functional sensitivity of the and Dragoset, 2000). It is very unlikely sound must be stronger in order to be hearing system at some or all that an odontocete would remain within heard. TTS can last from minutes or frequencies. a few meters of a large airgun for Single or occasional occurrences of hours to (in cases of strong TTS) days. sufficiently long to incur PTS. The TTS mild TTS do not cause permanent (and thus PTS) thresholds of baleen The magnitude of TTS depends on the auditory damage in terrestrial mammals, whales and pinnipeds may be lower, level and duration of noise exposure, and presumably do not do so in marine and thus may extend to a somewhat among other considerations (Richardson mammals. However, very prolonged greater distance. However, baleen et al., 1995). For sound exposures at or exposure to sound strong enough to whales generally avoid the immediate somewhat above the TTS threshold, elicit TTS, or shorter-term exposure to area around operating seismic vessels, hearing sensitivity recovers rapidly after sound levels well above the TTS so it is unlikely that a baleen whale exposure to the noise ends. Only a few threshold, can cause PTS, at least in could incur PTS from exposure to data on sound levels and durations terrestrial mammals (Kryter, 1985). In airgun pulses. Some pinnipeds do not necessary to elicit mild TTS have been terrestrial mammals, the received sound show strong avoidance of operating obtained for marine mammals. level from a single sound exposure must airguns. However, pinnipeds are Currently, NMFS believes that, be far above the TTS threshold for any expected to be (at most) uncommon in whenever possible to avoid Level A risk of permanent hearing damage the Hess Deep survey area. Although it harassment, cetaceans should not be (Kryter, 1994; Richardson et al., 1995). is unlikely that the planned seismic exposed to pulsed underwater noise at Relationships between TTS and PTS surveys could cause PTS in any marine received levels exceeding 180 dB re 1 µ thresholds have not been studied in mammals, caution is warranted given Pa (rms). The corresponding limit for marine mammals but are assumed to be the limited knowledge about noise- pinnipeds has been set at 190 dB. The similar to those in humans and other induced hearing damage in marine predicted 180- and 190–dB distances for terrestrial mammals. mammals, particularly baleen whales. the airgun arrays operated by LDEO Some factors that contribute to onset during this activity were summarized of PTS are as follows: Strandings and Mortality previously in this document. These (1) exposure to single very intense Marine mammals close to underwater sound levels are not considered to be noises, (2) repetitive exposure to intense detonations of high explosives can be the levels at or above which TTS might sounds that individually cause TTS but killed or severely injured, and the occur. Rather, they are the received not PTS, and (3) recurrent ear infections auditory organs are especially levels above which, in the view of a or (in captive animals) exposure to susceptible to injury (Ketten et al., 1993; panel of bioacoustics specialists certain drugs. Ketten, 1995). Airgun pulses are less convened by NMFS, one cannot be Cavanagh (2000) has reviewed the energetic and have slower rise times, certain that there will be no injurious thresholds used to define TTS and PTS. and there is no evidence that they can effects, auditory or otherwise, to marine Based on his review and SACLANT cause serious injury, death, or stranding. mammals. It has been shown that most (1998), it is reasonable to assume that However, the association of mass whales tend to avoid ships and PTS might occur at a received sound strandings of beaked whales with naval associated seismic operations. Thus, level 20 dB or more above that which exercises and, in a recent case, an LDEO whales will likely not be exposed to induces mild TTS. However, for PTS to seismic survey has raised the possibility such high levels of airgun sounds. Any occur at a received level only 20 dB that beaked whales may be especially whales close to the trackline could above the TTS threshold, it is probable susceptible to injury and/or stranding move away before the sounds become that the animal would have to be when exposed to strong pulsed sounds. sufficiently strong for there to be any exposed to the strong sound for an In March 2000, several beaked whales potential for hearing impairment. extended period. that had been exposed to repeated Therefore, there is little potential for Sound impulse duration, peak pulses from high intensity, mid- whales being close enough to an array amplitude, rise time, and number of frequency military sonars stranded and to experience TTS. In addition, ramping pulses are the main factors thought to died in the Providence Channels of the up airgun arrays, which has become determine the onset and extent of PTS. Bahamas Islands, and were standard operational protocol for many Based on existing data, Ketten (1994) subsequently found to have incurred seismic operators including LDEO, has noted that the criteria for cranial and ear damage (NOAA and should allow cetaceans to move away differentiating the sound pressure levels USN, 2001). Based on post-mortem from the seismic source and to avoid that result in PTS (or TTS) are location analyses, it was concluded that an being exposed to the full acoustic and species-specific. PTS effects may acoustic event caused hemorrhages in output of the airgun array. also be influenced strongly by the health and near the auditory region of some of the receiver’s ear. beaked whales. These hemorrhages Permanent Threshold Shift (PTS) Given that marine mammals are occurred before death. They would not When PTS occurs, there is physical unlikely to be exposed to received levels necessarily have caused death or damage to the sound receptors in the of seismic pulses that could cause TTS, permanent hearing damage, but could ear. In some cases, there can be total or it is highly unlikely that they would have compromised hearing and partial deafness, while in other cases, sustain permanent hearing impairment. navigational ability (NOAA and USN, the animal has an impaired ability to If we assume that the TTS threshold for 2001). The researchers concluded that hear sounds in specific frequency exposure to a series of seismic pulses acoustic exposure caused this damage ranges. Physical damage to a mammal’s may be on the order of 220 dB re 1 µPa and triggered stranding, which resulted hearing apparatus can occur if it is (P-P) in odontocetes, then the PTS in overheating, cardiovascular collapse, exposed to sound impulses that have threshold might be about 240 dB re 1 and physiological shock that ultimately
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led to the death of the stranded beaked Ewing was underway in the general area resonance frequency. If stimulated at whales. During the event, five naval (Malakoff, 2002). The airgun array in this frequency, the ensuing resonance vessels used their AN/SQS–53C or –56 use during that project was the Ewing’s could cause damage to the animal. hull-mounted active sonars for a period 20–gun 8490–in3 array. This might be a Diving marine mammals are not subject of 16 h. The sonars produced narrow first indication that seismic surveys can to the bends or air embolism because, (<100 Hz) bandwidth signals at center have effects, at least on beaked whales, unlike a human SCUBA diver, they only frequencies of 2.6 and 3.3 kHz (–53C), similar to the suspected effects of naval breath air at sea level pressure and have and 6.8 to 8.2 kHz (-56). The respective sonars. However, the evidence linking protective adaptations against getting source levels were usually 235 and 223 the Gulf of California strandings to the µ the bends. There may be a possibility dB re 1 Pa, but the -53C briefly seismic surveys is inconclusive, and to that high sound levels could cause operated at an unstated but substantially this date is not based on any physical bubble formation in the blood of diving higher source level. The unusual evidence (Hogarth, 2002; Yoder, 2002). mammals that in turn could cause an air bathymetry and constricted channel The ship was also operating its multi- embolism, tissue separation, and high, where the strandings occurred were beam bathymetric sonar at the same localized pressure in nervous tissue conducive to channeling sound. This, time but, as discussed later in this and the extended operations by multiple document, this sonar had much less (Gisner (ed.), 1999; Houser et al., 2001). sonars, apparently prevented escape of potential than these naval sonars to A recent workshop (Gentry (ed.), the animals to the open sea. In addition affect beaked whales. Although the link 2002) was held to discuss whether the to the strandings, there are reports that between the Gulf of California stranding of beaked whales in the beaked whales were no longer present strandings and the seismic (plus multi- Bahamas in 2000 might have been in the Providence Channel region after beam sonar) survey is inconclusive, this related to air cavity resonance or bubble the event, suggesting that other beaked plus the various incidents involving formation in tissues caused by exposure whales either abandoned the area or beaked whale strandings associated to noise from naval sonar. A panel of (perhaps) died at sea (Balcomb and with naval exercises suggests a need for experts concluded that resonance in air- Claridge, 2001). caution in conducting seismic surveys filled structures was not likely to have Other strandings of beaked whales in areas occupied by beaked whales. caused this stranding. Among other associated with operation of military Non-auditory Physiological Effects reasons, the air spaces in marine sonars have also been reported (e.g., mammals are too large to be susceptible Possible types of non-auditory Simmonds and Lopez-Jurado, 1991; to resonant frequencies emitted by mid- Frantzis, 1998). In these cases, it was physiological effects or injuries that or low-frequency sonar; lung tissue not determined whether there were might occur in marine mammals damage has not been observed in any noise-induced injuries to the ears or exposed to strong underwater sound other organs. Another stranding of might, in theory, include stress, mass, multi-species stranding of beaked beaked whales (15 whales) happened on neurological effects, bubble formation, whales; and the duration of sonar pings 24–25 September 2002 in the Canary resonance effects, and other types of is likely too short to induce vibrations Islands, where naval maneuvers were organ or tissue damage. There is no that could damage tissues (Gentry (ed.), taking place. proof that any of these effects occur in 2002). Opinions were less conclusive It is important to note that seismic marine mammals exposed to sound about the possible role of gas (nitrogen) pulses and mid-frequency sonar pulses from airgun arrays. However, there have bubble formation/growth in the are quite different. Sounds produced by been no direct studies of the potential Bahamas stranding of beaked whales. the types of airgun arrays used to profile for airgun pulses to elicit any of these Workshop participants did not rule out sub-sea geological structures are effects. If any such effects do occur, they the possibility that bubble formation/ broadband with most of the energy would probably be limited to unusual growth played a role in the stranding below 1 kHz. Typical military mid- situations when animals mightbe and participants acknowledged that frequency sonars operate at frequencies exposed at close range for unusually more research is needed in this area. of 2 to 10 kHz, generally with a long periods. The only available information on relatively narrow bandwidth at any one Long-term exposure to anthropogenic acoustically-mediated bubble growth in time (though the center frequency may noise may have the potential to cause marine mammals is modeling that change over time). Because seismic and physiological stress that could affect the assumes prolonged exposure to sound. sonar sounds have considerably health of individual animals or their In summary, little is known about the different characteristics and duty cycles, reproductive potential, which could potential for seismic survey sounds to it is not appropriate to assume that there theoretically cause effects at the cause auditory impairment or other is a direct connection between the population level (Gisner (ed.), 1999). effects of military sonar and seismic However, there is essentially no physical effects in marine mammals. surveys on marine mammals. However, information about the occurrence of Available data suggest that such effects, evidence that sonar pulses can, in noise-induced stress in marine if they occur at all, would be limited to special circumstances, lead to hearing mammals. Also, it is doubtful that any situations where the marine mm where damage and, indirectly, mortality single marine mammal would be the marine mammal is located at a short suggests that caution is warranted when exposed to strong seismic sounds for distance from the sound source. dealing with exposure of marine sufficiently long that significant However, the available data do not mammals to any high-intensity pulsed physiological stress would develop. allow for meaningful quantitative sound. This is particularly so in the case of predictions of the numbers (if any) of In addition to the sonar-related broad-scale seismic surveys of the type marine mammals that might be affected strandings, there was a recent planned by LDEO (see Fig. 1 in LDEO in these ways. Marine mammals that (September 2002) stranding of two (2003)), where the tracklines are show behavioral avoidance of seismic Cuvier’s beaked whales in the Gulf of generally not as closely spaced as in vessels, including most baleen whales, California (Mexico) when a seismic many 3–dimensional industry surveys. some odontocetes, and some pinnipeds, survey by the National Science Gas-filled structures in marine are unlikely to incur auditory Foundation/LDEO vessel R/V Maurice animals have an inherent fundamental impairment or other physical effects.
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Possible Effects of Mid-Frequency Sonar More recently, Rendell and Gordon LDEO is not aware of any data on the Signals (1999) recorded vocal behavior of pilot reactions of pinnipeds to sonar sounds, A multi-beam bathymetric sonar whales during periods of active naval although it is likely the pinniped (Atlas Hydrosweep DS–2, 15.5–kHz) sonar transmission. The sonar signal species can detect these sounds given will be operated from the source vessel was made up of several components their hearing abilities (Kastak and at most times during the Hess Deep each lasting 0.17 sec and sweeping up Schusterman, 1995, 1998, 1999; see also survey. Sounds from the multibeam from 4 to 5 kHz. The pilot whales were a review in Richardson et al., 1995). sonar are very short pulses, occurring significantly more vocal while the pulse Some harp seals (Pagophilus for 1–10 msec once every 1 to 15 sec, trios were being emitted than during the groenlandicus) seemed to alter their depending on water depth. Most of the intervening quiet periods, but did not swimming patterns (exhibited energy in the sound pulses emitted by leave the area even after several hours avoidance) when they were exposed to this multi-beam sonar is at high of exposure to the sonar. the beam of an echosounder, nominally frequencies, centered at 15.5 kHz. The Reactions of beaked whales near the operating at 200 kHz (Terhune, 1976); beam is narrow (2.67°) in fore-aft extent, Bahamas to mid-frequency naval sonars that frequency is above the range of and wide (140°) in the cross-track were summarized earlier. Following effective hearing of seals. However, extent. Each ping consists of five extended exposure to pulses from a there was significant energy at lower successive transmissions (segments) at variety of ships, some individuals frequencies that would be audible to a different cross-track angles. Any given beached themselves, and others may harp seal (Richardson et al., 1995). The mammal at depth near the trackline have abandoned the area (Balcomb and behavior of ringed (Phoca hispida) and would be in the main beam for only one Claridge, 2001; NOAA and USN, 2001). Weddell (Leptonychotes weddelli) seals or two of the five segments, i.e. for 1/ Pulse durations from these sonars were fitted with acoustic pingers, 5th or at most 2/5th of the 1– 10 msec. much longer than those of the LDEO transmitting at 60 to 69 kHz, did not Navy sonars that have been linked to multi-beam sonar, and a given mammal seem to be affected by the sounds from avoidance reactions and stranding of would probably receive many pulses. these devices. Mate (1993) described cetaceans (1) generally are more All of these observations are of limited experiments where aperiodic 12–17 kHz powerful than the Atlas Hydrosweep, relevance to the present situation sound pulses of varying duration were (2) have a longer pulse duration, and (3) because exposures to multi-beam pulses effective, at source levels of 187 dB, in are directed close to horizontally (vs. are expected to be brief as the vessel reducing harbor seal abundance near downward for the Hydrosweep). The passes by, and the individual pulses fish hatcheries (although a few older area of possible influence of the will be very short. seals may have habituated and foraged Hydrosweep is much smaller (a narrow Captive bottlenose dolphins and a nearby with modified techniques such band below the source vessel). Marine white whale exhibited changes in that they were not seen as frequently). mammals that encounter the behavior when exposed to 1 sec pulsed For California sea lions, the same Hydrosweep at close range are unlikely sounds at frequencies similar to those system produced a dramatic initial to be subjected to repeated pulses that will be emitted by the multi-beam startle response but was otherwise because of the narrow fore-aft width of sonar used by LDEO (Ridgway et al., ineffective. Mate (1993) noted that many the beam, and will receive only limited 1997; Schlundt et al., 2000), and to marine mammals will react to moving amounts of pulse energy because of the shorter broadband pulsed signals sound sources even if strong stationary short pulses. (Finneran et al., 2000, 2002). Behavioral sources are tolerated. Mate also noted changes typically involved what that, by not using swept frequencies, Masking by Mid-Frequency Sonar appeared to be deliberate attempts to Signals this experimental acoustic source lost avoid the sound exposure or to avoid the illusion of motion that would have There is little chance that marine the location of the exposure site during been simulated by Doppler-like subsequent tests (Schlundt et al., 2000; mammal communications will be frequency sweeps. masked appreciably by the multibeam Finneran et al., 2002). Dolphins exposed sonar signals given the low duty cycle to 1–sec intense tones exhibited short- In summary, cetacean behavioral of the sonar and the brief period when term changes in behavior above received reactions to military and other sonars an individual mammal is likely to be sound levels of 178 to 193 dB re 1 µPa appear to vary by species and within its beam. Furthermore, in the rms and belugas did so at received circumstance. While there may be a link case of baleen whales, the sonar signals levels of 180 to 196 dB and above. between naval sonar use and changes in do not overlap with the predominant Received levels necessary to elicit such cetacean vocalization rates and frequencies in the calls, which would reactions to shorter pulses were higher movements, it is unclear what impact avoid significant masking. (Finneran et al., 2000, 2002). Test these behavioral changes (which are animals sometimes vocalized after likely to be short-term) might have on Behavioral Responses Resulting from exposure to pulsed, mid-frequency the animals. Data on the reactions of Mid-Frequency Sonar Signals sound from a watergun (Finneran et al., pinnipeds to sonar sounds are lacking, Marine mammal behavioral reactions 2002). In some instances, animals but the few reports available on their to military and other sonars appear to exhibited aggressive behavior toward reactions to other pulsed sounds suggest vary by species and circumstance. the test apparatus (Ridgway et al., 1997; that they too would exhibit either no, or Sperm whales reacted to military sonar, Schlundt et al., 2000). The relevance of short-term, behavioral responses. apparently from a submarine, by these data to free-ranging odontocetes is Therefore, as mentioned previously, dispersing from social aggregations, uncertain. In the wild, cetaceans because simple momentary behavioral moving away from the sound source, sometimes avoid sound sources well reactions that are within normal remaining relatively silent and before they are exposed to the levels behavioral patterns for that species are becoming difficult to approach (Watkins listed above, and reactions in the wild not considered to be a taking, the very et al., 1985). Other early and generally may be more subtle than those brief exposure of cetaceans to signals limited observations were summarized described by Ridgway et al. (1997) and from the Hydrosweep is unlikely to in Richardson et al. (1995, p. 301ff). Schlundt et al.(2000). result in a ‘‘take’’ by harassment.
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Hearing Impairment and Other Physical (see Tables 5 and 6 in LDEO (2003)). sometimes show avoidance responses Effects Based on this method, the ‘‘best and/or other changes in behavior when Given recent stranding events that estimate’’ of the number of marine near operating seismic vessels. Taking account of the mitigation have been associated with the operation mammals that would be exposed to ≥ measures that are planned, effects on of naval sonar, there is much concern 160 dB (rms) and thus potentially cetaceans are generally expected to be that sonar noise can cause serious taken by Level B harassment during the limited to avoidance of the area around impacts to marine mammals (for proposed survey is 8,901, including the seismic operation and short-term discussion see Effects of Seismic animals taken by both the 10–gun and changes in behavior, falling within the Surveys). It is worth noting that the 12–gun arrays. Of these, 12 animals would be endangered species, sperm MMPA definition of ‘‘Level B multi-beam sonar proposed for use by whales (11) and a single blue whale. harassment.’’ In the cases of mysticetes, LDEO is quite different than sonars used The species composition of cetaceans these reactions are expected to involve for navy operations. Pulse duration of within the species groups shown in small numbers of individual cetaceans the multi-beam sonar is very short Tables 5 and 6 in LDEO (2003) is because few mysticetes occur in the relative to the naval sonars. Also, at any expected to be roughly in proportion to areas where seismic surveys are given location, an individual marine the densities shown for each species in proposed. LDEO’s ‘‘best estimate’’ is mammal would be in the beam of the Table 3 in LDEO (2003). Based on those that 10 Bryde’s whales, or 0.1 percent of multi-beam sonar for much less time densities, the numbers of each species the estimated Eastern Equatorial Bryde’s given the generally downward that might be taken by Level B whale population, will be exposed to orientation of the beam and its narrow harassment are shown in Table 7 in sound levels ≤160 dB re 1 µPa (rms) and fore-aft beamwidth. (Navy sonars often LDEO (2003). potentially affected, and 1 blue whale, use near-horizontally-directed sound.) Dolphins would account for 96 or 0.1 percent of the ‘‘endangered’’ ETP These factors would all reduce the percent of the overall estimate for blue whale population, would receive sound energy received from the multi- potential taking by harassment (i.e., >160 dB. Therefore, these potential beam sonar rather drastically relative to 8,532 of 8,901). While there is no takings by Level B harassment will have that from the sonars used by the Navy. agreement regarding any alternative a negligible impact on their populations. Estimates of Take by Harassment for the ‘‘take’’ criterion for dolphins exposed to Larger numbers of odontocetes may be Hess Deep Cruise airgun pulses, if only those dolphins affected by the proposed activities, but exposed to 170 dB re 1 µPa (rms) were the population sizes of the main species As described previously in this affected sufficiently to be considered are large and the numbers potentially document and in the LDEO application, taken by Level B harassment, then the affected are small (<0.1 percent) relative animals subjected to sound levels above best estimate for dolphins would be to the population sizes. The total 160 dB may alter their behavior or 3,076 rather than 8,532. This is based on number of odontocetes that might be distribution, and therefore might be the predicted 170–dB radius around the exposed to ≥160 dB re 1 µPa (rms) in the considered to be taken by Level B 10– and 12–airgun arrays (2,330 and Hess Deep area is estimated as 8,890. Of harassment. However, the 160 dB 2,680 m (7,644 and 7,742 ft), these, 8,532 are delphinids, and of these criterion is based on studies of baleen respectively), and is considered to be a about 3,076 might be exposed to ≥170 whales. Odontocete hearing at low more realistic estimate of the number of dB. These figures are <0.1 percent of the frequencies is relatively insensitive, and dolphins that may be disturbed. Eastern Equatorial populations of these the dolphins generally appear to be Therefore, the total number of animals combined species, and the 3,076 value more tolerant of strong sounds than are likely to react behaviorally is (based on the >170 dB criterion) is most baleen whales. For that reason, it considerably lower than the 8,901 that believed to be a more accurate estimate has been suggested that for purposes of LDEO has estimated in Tables 5 and 6 of the number that could potentially be estimating incidental harassment of (LDEO, 2003). harassed under Level B. odontocetes, a 170 dB criterion might be The many cases of apparent tolerance appropriate. Conclusions—Effects on Cetaceans by cetaceans of seismic exploration, Based on summer marine mammal Strong avoidance reactions by several vessel traffic, and some other human survey data collected by NMFS and species of mysticetes to seismic vessels activities show that co-existence is density calculations by Ferguson and have been observed at ranges up to 6 to possible. Mitigation measures such as Barlow (2001), LDEO used their average 8 km and occasionally as far as 20–30 controlled speed, look-outs, non- marine mammal density to compute a km from the source vessel. Some pursuit, ramp-ups, avoidance of start- ‘‘best estimate’’ of the number of marine bowhead whales avoided waters within ups during periods of darkness when mammals that may be exposed to 30 km of the seismic operation. possible, and shut-down when within seismic sounds ≥160 dB re 1µPa (rms). However, reactions at such long defined ranges (See Mitigation) should The average densities were then distances appear to be atypical of other further reduce short-term reactions to multiplied by the proposed survey effort species of mysticetes, and even for disturbance, and minimize any effects (912 and 189 km for the 10–gun and 12– bowheads may only apply during on hearing sensitivity. gun array, respectively) and twice the migration. 160 dB radius from the source vessel Odontocete reactions to seismic Conclusions—Effects on Pinnipeds (the 160 dB radius was 6.5 and 7.25 km pulses, or at least those of dolphins, are Very few if any pinnipeds are for the 10–gun and 12–gun array, expected to extend to lesser distances expected to be encountered in the Hess respectively) to estimate the ‘‘best than are those of mysticetes. Odontocete Deep area. Thus a maximum of 20 estimate’’ of the numbers of animals that low-frequency hearing is less sensitive pinnipeds in the Hess Deep area may be might be exposed to sound levels ≥160 than that of mysticetes, and dolphins affected by the proposed seismic dB re 1µPa (rms) during the proposed are often seen from seismic vessels. In surveys. If pinnipeds are encountered, seismic survey program. Separate fact, there are documented instances of the proposed seismic activities would estimates were made for the 10–gun and dolphins approaching active seismic have, at most, a short-termed effect on 12–gun arrays because the 160 dB vessels. However, dolphins as well as their behavior and no long-term impacts radius was different for the two arrays some other types of odontocetes on individual seals or their populations.
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Responses of pinnipeds to acoustic stated nominal source level. Also, the conservative safety radii will be used disturbance are variable, but usually use of the 10– or 12–gun array of 3,005 during the proposed Hess Deep seismic quite limited. Effects are expected to be or 3,721 in3 rather than the largest surveys. Conservative radii will be 1.5 limited to short-term and localized airgun array that the LDEO’s source times the distances indicated for the 10- behavioral changes falling within the vessel can deploy (20 airguns totaling and 12–airgun arrays to be used in the MMPA definition of Level B almost 8600 in3) is another significant Hess Deep area. Thus, during the Hess harassment. mitigation measure. Deep cruise the proposed conservative safety radii for cetaceans are 1,245 and Mitigation Marine Mammal Monitoring 1,320 m (4,085 and 4,331 ft), for the 10– For the proposed seismic operations Vessel-based observers will monitor and 12–gun arrays, respectively, and the in the Hess Deep, a 12–gun array with marine mammals near the seismic proposed conservative safety radii for a total volume of 3721 in3 and a 10–gun source vessel during all daylight airgun pinnipeds are 375 and 450 m (1,230 and array of 3005 in3 will be used. The operations and during any nighttime 1,476 ft), respectively. airguns comprising these arrays will be startups of the airguns. Airgun Airgun operations will be suspended spread out horizontally, so that the operations will be suspended when immediately when cetaceans are seen energy from the array will be directed marine mammals are observed within, within or about to enter the appropriate mostly downward. Modeled results for or about to enter, designated safety 180–dB (rms) radius, or if pinnipeds are the 10– and 12–gun arrays indicate zones where there is a possibility of seen within or about to enter the 190– µ received levels to the 180 dB re 1 Pa significant effects on hearing or other dB (rms) radius. These 190 and 180 dB (rms) isopleth (the criterion applicable physical effects. Vessel-based observers criteria are consistent with guidelines to cetaceans) were 830 and 880 m (2,723 will watch for marine mammals near the listed for pinnipeds and cetaceans by and 2,887 ft), respectively. The radii seismic vessel during daylight periods NMFS (2000) and other guidance by around the 10– and 12–gun arrays with shooting, and for at least 30 NMFS. where the received level would be 190 minutes prior to the planned start of dB re 1 µPa (rms) isopleth (lines of equal airgun operations. Observers will not be Mitigation During Operations pressure), the criterion (applicable to on duty during ongoing seismic The following mitigation measures, as pinnipeds), were estimated as 250 and operations at night; bridge personnel well as marine mammal monitoring, 300 m (820 and 984 ft), respectively. will watch for marine mammals during will be adopted during the Hess Deep Vessel-based observers will monitor this period and will call for the airguns seismic survey program and the acoustic marine mammals in the vicinity of the to be shut down if marine mammals are verification program, provided that arrays. A calibration study planned for observed in or about to enter the safety doing so will not compromise late May and/or June 2003 in the Gulf radii. If the airguns are started up at operational safety requirements: of Mexico is expected to determine the night, two marine mammal observers (1) Course alteration; (2) Shut-down actual radii corresponding to each will monitor marine mammals near the procedures; and (3) Ramp-up sound level. If the modeled radii have source vessel for 30 minutes prior to procedures. not been verified by the time of the Hess start up using night vision devices as Deep surveys, LDEO proposes to use 1.5 described later (see Monitoring and Course Alteration times the 180– (cetaceans) and 190– Reporting). If a marine mammal is detected (pinnipeds) dB radii predicted by the Two observers will be stationed on outside the safety radius and, based on model as the safety radii until the radii the R/V Maurice Ewing during seismic its position and the relative motion, is have been verified. Thus, during the operations in the Hess Deep area. The R/ likely to enter the safety radius, Hess Deep cruise the proposed safety V Maurice Ewing is a suitable platform alternative ship tracks will be plotted radii for cetaceans are 1,245 and 1,320 for marine mammal observations. The against anticipated mammal locations. m (4,085 and 4,331 ft), respectively, for observer’s eye level will be The vessel’s direct course and/or speed the 10– and 12–gun arrays, and the approximately 11 m (36 ft) above sea will be changed in a manner that also proposed safety radii for pinnipeds are level when stationed on the bridge, minimizes the effect to the planned 375 and 450 m (1,230 and 1,476 ft), allowing for good visibility within a science objectives. The marine mammal respectively. LDEO proposes to shut 210° arc for each observer. The activities and movements relative to the down the seismic source if marine proposed monitoring plan is seismic vessel will be closely monitored mammals are observed within the summarized later in this document. to ensure that the marine mammal does not approach within the safety radius. If proposed safety radii. Proposed Safety Radii Also, LDEO proposes to use a ramp- the mammal appears likely to enter the up procedure when commencing Received sound levels have been safey radius, further mitigative actions operations. Ramp-up will begin with the modeled for the 10–, 12–, and 20–air will be taken, i.e., either further course smallest gun in the array that is being gun arrays (but the 20–gun array will alterations or shutdown of the airguns. used (80 in3 for the 10– and 12–gun not be used during the Hess Deep Shutdown Procedures arrays), and guns will be added in a Project). Based on the modeling, sequence such that the source level of estimates of the 190, 180, 170, and 160 Vessel-based observers will monitor the array will increase at a rate no dB re 1 µPa (rms) distances (safety radii) marine mammals near the seismic greater than 6 dB per 5–minutes. for these arrays have been provided vessel during daylight and for 30 previously in this document. Acoustic minutes prior to start up during Operational Mitigation measurements in shallow and deep darkness throughout the program. The directional nature of the two water will be taken, in order to check Airgun operations will be suspended alternative airgun arrays to be used in the modeled received sound levels from immediately when marine mammals are this project is an important mitigating these arrays. This verification is observed within, or about to enter, factor, resulting in reduced sound levels expected to occur in June 2003 in the designated safety zones where there is a at any given horizontal distance than Gulf of Mexico. If verification of the possibility of physical effects, including would be expected at that distance if the safety radii does not occur before the effects on hearing (based on the 180 and source were omnidirectional with the start of the proposed program, then 190 dB criteria specified by NMFS). The
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shutdown procedure should be shooting and during ramp-up to shut down the airguns at times when accomplished within several seconds or procedures. The 30–minute observation mammals are present in or near the one shot period of the determination period is only required prior to safety zone. When a mammal sighting is that a marine mammal is within or commencing seismic operations made, the following information about about to enter the safety zone. Airgun following an extended shut down the sighting will be recorded: (1) operations will not resume until the period. Species, group size, age/size/sex marine mammal is outside the safety If ramp-up procedures must be categories (if determinable), behavior radius. Once the safety zone is clear of performed at night, two observers will when first sighted and after initial marine mammals, the observer will be on duty 30 minutes prior to the start sighting, heading (if consistent), bearing advise that seismic surveys can re- of seismic shooting and during the and distance from seismic vessel, commence. The ‘‘ramp-up’’ procedure subsequent ramp-up procedures. sighting cue, apparent reaction to will then be followed. Otherwise, no observers will be on duty seismic vessel (e.g., none, avoidance, during seismic operations at night. approach, paralleling, etc.), and Ramp-up Procedure However, LDEO bridge personnel (port behavioral pace; and (2) Time, location, A ‘‘ramp-up’’ procedure will be and starboard seamen and one mate) heading, speed, activity of the vessel followed when the airgun arrays begin will assist in marine mammal (shooting or not), sea state, visibility, operating after a specified-duration observations whenever possible, and cloud cover, and sun glare. The data period without airgun operations. Under especially during operations at night, listed under (2) will also be recorded at normal operational conditions (vessel when designated marine mammal the start and end of each observation speed 4–5 knots), a ramp-up would be observers will not normally be on duty. watch and during a watch, whenever required after a ‘‘no shooting’’ period A marine mammal observer will be on there is a change in one or more of the lasting 2 minutes or longer. At 4 knots, ‘‘standby’’ at night, in case bridge variables. the source vessel would travel 247 m personnel see a marine mammal. An All mammal observations and airgun (810 ft) during a 2–minute period. If the image-intensifier night-vision device shutdowns will be recorded in a towing speed is reduced to 3 knots or (NVD) will be available for use at night, standardized format. Data will be less, as sometimes required when although past experience has shown entered into a custom database using a maneuvering in shallow water (not a that NVDs are of limited value for this laptop computer when observers are off- factor in Hess Deep), it is proposed that purpose. duty. The accuracy of the data entry will a ramp-up would be required after a ‘‘no The observer(s) will watch for marine be verified by computerized validity shooting’’ period lasting 3 minutes or mammals from the bridge, the highest data checks as the data are entered and longer. At towing speeds not exceeding practical vantage point on the vessel. by subsequent manual checking of the 3 knots, the source vessel would travel The observer’s eye level will be database. These procedures will allow no more than 277 m (909 ft) in 3 approximately 11 m (36 ft) above see initial summaries of data to be prepared minutes. These guidelines would level when stationed on the bridge, during and shortly after the field require modification if the normal shot allowing for good visibility within a program, and will facilitate transfer of interval were more than 2 or 3 min, 210° arc. The observer(s) will the data to statistical, graphical or other respectively, but that is not expected to systematically scan the area around the programs for further processing and occur during the Hess Deep project. vessel with 7 X 50 Fujinon reticle archiving. Ramp-up will begin with the smallest binoculars or with the naked eye during At least one experienced marine gun in the array that is being used (80 the daytime. At night, night vision mammal observer will be on duty in3 for the 10– and 12–gun arrays). Guns equipment will be available (ITT F500 aboard the seismic vessel. During will be added in a sequence such that Series Generation 3 binocular image seismic operations in the Hess Deep the source level of the array will intensifier or equivalent), if required. area, two observers, including one increase in steps not exceeding 6 dB per Laser rangefinding binoculars (Bushnell qualified contract biologist and one 5–minute period over a total duration of Lytespeed 800 laser rangefinder with 4 observer appointed by LDEO, will be approximately 18–20 min (10–12 gun optics or equivalent) will be available to based aboard the vessel. Observers arrays). assist with distance estimation. If a appointed by LDEO will complete a marine mammal is seen well outside the one-day training/refresher course on Monitoring and Reporting safety radius, the vessel may be marine mammal monitoring procedures, LDEO proposes to conduct marine maneuvered to avoid having the given by a contract employee mammal monitoring of its 2003 seismic mammal come within the safety radius experienced in vessel-based seismic program in the Hess Deep and (see Mitigation). When mammals are monitoring projects. acoustical verification of safety radii, in detected within or about to enter the Observers will be on duty in shifts of order to satisfy the anticipated designated safety radii, the airguns will duration no longer than 4 hours. The requirements of the IHA. be shut down immediately. The second observer will also be on watch observer(s) will continue to maintain part of the time, including the 30 Vessel-based Visual Monitoring watch to determine when the animal is minute periods preceding startup of the Two observers dedicated to marine outside the safety radius. Airgun airguns and during ramp ups. Use of mammal observations will be stationed operations will not resume until the two simultaneous observers will aboard LDEO’s seismic survey vessel for animal is outside the safety radius. increase the proportion of the marine the seismic survey in the Hess Deep The vessel-based monitoring will mammals present near the source vessel area. It is proposed that one or both provide data required to estimate the that are detected. Bridge personnel marine mammal observers aboard the numbers of marine mammals exposed to additional to the dedicated marine seismic vessel will search for and various received sound levels, to mammal observers will also assist in observe marine mammals whenever document any apparent disturbance detecting marine mammals and seismic operations are in progress reactions, and thus to estimate the implementing mitigation requirements, during daylight hours. When feasible, numbers of mammals potentially taken and before the start of the seismic two observers will be on duty for at least by Level B harassment. It will also survey will be given instruction in how 30 minutes prior to the start of seismic provide the information needed in order to do so.
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Results from the vessel-based measurement data, marine mammal have an unmitigable adverse impact on observations will provide (1) The basis sightings (dates, times, locations, the availability of stocks for subsistence for real-time mitigation (airgun activities, associated seismic survey uses. shutdown); (2) Information needed to activities), and estimates of the amount Information Solicited estimate the number of marine and nature of potential ‘‘take’’ of marine mammals potentially taken by mammals by harassment or in other NMFS requests interested persons to harassment, which must be reported to ways. submit comments and information NMFS; (3) Data on the occurrence, concerning this request (see ADDRESSES). Endangered Species Act (ESA) distribution, and activities of marine Dated: April 7, 2003. mammals in the area where the seismic Under section 7 of the ESA, NMFS Laurie K. Allen, study is conducted; (4) Information to has begun consultation on the proposed Acting Director, Office of Protected Resources, compare the distance and distribution of issuance of an IHA under section National Marine Fisheries Service. marine mammals relative to the source 101(a)(5)(D) of the MMPA for this [FR Doc. 03–9057 Filed 4–11–03; 8:45 am] activity. Consultation will be concluded vessel at times with and without seismic BILLING CODE 3510–22–S activity; and (5) Data on the behavior prior to the issuance of an IHA. and movement patterns of marine National Environmental Policy Act mammals seen at times with and (NEPA) DEPARTMENT OF COMMERCE without seismic activity. The NSF has prepared an EA for the National Oceanic and Atmospheric Acoustical Measurements Hess Deep survey. NMFS is reviewing Administration The acoustic measurement program is this EA and will either adopt it or designed to verify the safety radii that prepare its own NEPA document before [I.D. 032502D] will be used to determine when the air making a determination on the issuance Notice of Availability of Final Stock guns will be shut down to prevent of an IHA. A copy of the NSF EA for this Assessment Reports marine mammals from being exposed to activity is available upon request (see seismic sounds 180 (cetaceans) or 190 ADDRESSES). AGENCY: National Marine Fisheries dB re 1µPa (rms) (pinnipeds)(see Service (NMFS), National Oceanic and Mitigation). It will also provide the Preliminary Conclusions Atmospheric Administration (NOAA), specific acoustic data needed to NMFS has preliminarily determined Commerce. document the seismic sounds to which that the short-term impact of conducting ACTION: Notice of completion and marine mammals are exposed at various a seismic survey program in the Hess availability of final marine mammal distances from the seismic source, as Deep portion of the Eastern Equatorial stock assessment reports; response to necessary to improve the estimates of Pacific Ocean will result, at worst, in a comments. potential take by harassment and to temporary modification in behavior by interpret the observations of marine certain species of marine mammals. SUMMARY: NMFS has incorporated mammal distribution, behavior, and While behavioral modifications may be public comments into revisions of headings. It appears most likely that made by these species as a result of marine mammal stock assessment acoustical measurements will be seismic survey activities, this behavioral reports (SARs). The 2002 final SARs are conducted in the Gulf of Mexico during change is expected to result in no more now complete and available to the June when LDEO’s vessel will be in that than a negligible impact on the affected public. area for other purposes. Acoustic species. ADDRESSES: Send requests for printed studies will obtain data on While the number of potential copies of reports to: Chief, Marine characteristics of the seismic survey incidental harassment takes will depend Mammal Conservation Division, Office sounds as a function of distance in deep on the distribution and abundance of of Protected Resources, National Marine and shallow water. marine mammals in the vicinity of the Fisheries Service, 1315 East-West Additional details about the methods, survey activity, the number of potential Highway, Silver Spring, MD 20910– timing and location of the acoustical harassment takings is estimated to be 3226, Attn: Stock Assessments. verification study are provided in the small. In addition, no take by injury Copies of the Alaska Regional SARs LDEO application; additional and/or death is anticipated, and the may be requested from Robyn Angliss, information on monitoring will be potential for temporary or permanent Alaska Fisheries Science Center (F/ provided by LDEO in an addendum to hearing impairment is low and will be AKC), NMFS, 7600 Sand Point Way, NE its application as plans for this effort avoided through the incorporation of BIN 15700, Seattle, WA 98115–0070, e- become more specific. That addendum the mitigation measures mentioned in mail [email protected]. will address the marine mammals that this document. Copies of the Atlantic and Gulf of might be exposed to airgun sounds Mexico Regional SARs may be during the verification study. Proposed Authorization requested from Janeen Quintal, A report will be submitted to NMFS NMFS proposes to issue an IHA to Northeast Fisheries Science Center, 166 within 90 days after the end of the LDEO for conducting a seismic survey Water St., Woods Hole, MA 02543, e- seismic program in the Hess Deep area. program in the Hess Deep portion of the mail [email protected] or Steven The end of the Hess Deep program is Eastern Equatorial Pacific Ocean, Swartz, Southeast Fisheries Science predicted to occur on or about July 28, provided the previously mentioned Center, 75 Virginia Beach Dr., Miami, 2003. The report will cover the seismic mitigation, monitoring, and reporting FL 33149, e-mail surveys in the Hess Deep area and will requirements are incorporated. NMFS [email protected]. be submitted to NMFS, providing full has preliminarily determined that the Copies of the Pacific Regional SARs documentation of methods, results, and proposed activity would result in the may be requested from Cathy Campbell, interpretation pertaining to all harassment of only small numbers of Southwest Regional Office (F/SWO3), monitoring tasks. The 90–day report marine mammals; would have no more NMFS, 501 West Ocean Boulevard, will summarize the dates and locations than a negligible impact on the affected Long Beach, CA 90802–4213, e-mail of seismic operations, sound marine mammal stocks; and would not [email protected].
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FOR FURTHER INFORMATION CONTACT: Tom were appended to NMFS’ final 2002 Comment 2: Requiring confirmation Eagle, Office of Protected Resources, SARs. These reports were included so of human-caused effects to assess 301–713–2322, e-mail that interested constituents would have serious injuries and mortalities is [email protected]; Robyn Angliss reports for all regional stocks in a single contrary to the precautionary approach 206–526–4032, regarding Alaska document. and incorporates several sources of negative bias; thus, it may not represent regional stock assessments; Janeen Comments and Responses Quintal, 508–495–2252, regarding the best scientific information available. Northwest Atlantic regional stock NMFS received two letters, one from NMFS should report all injuries that assessments; Steven Swartz, 305–361– the National Wildlife Federation and the could be serious and provide the 4487, regarding Mid-Atlantic and Gulf other from the Marine Mammal rationale for discounting them in of Mexico regional stock assessments; or Commission (MMC) which contained mortality estimates. An alternative Cathy Campbell, 562–980–4020, comments on the draft 2002 SARs. The approach, which was recommended in regarding Pacific regional stock comments and responses below are NMFS’s 1997 workshop on assessments. separated according to the regional differentiating serious and non-serious scope of the comments. Many of the injuries would be to prorate cases where SUPPLEMENTARY INFORMATION: comments on specific SARs addressed seriousness could not be determined Electronic Access minor editorial points for clarification. using data from cases where such Most of these comments were included determination could be made. These All stock assessment reports and the into the final reports or will be included approaches would provide a more guidelines for preparing them are in future reports and are not included in realistic view of the uncertainty available via the Internet at http:// the following segment of this document. associated with the potential effects of www.nmfs.noaa.gov/protlres/PR2/ l l Comments on National Issues fishing and other human activities. Stock Assessment Program/ Response: NMFS realizes that sars.html. Comment 1: Combining species requiring evidence that human factors Background groups is inconsistent with Sections 117 were, indeed, related to deaths of and 3(11) of the MMPA. Also, species marine mammals could result in an Section 117 of the Marine Mammal with lower abundance, slower growth underestimate of such mortality and Protection Act (MMPA) (16 U.S.C. 1361 rates, and higher interaction (mortality may not be the most precautionary et seq.) requires NMFS and the U.S. Fish and serious injury) rates may be more assessment of human-caused mortality. and Wildlife Service (FWS) to prepare vulnerable to fisheries and other human Most cases where we require such stock assessments for each stock of activities, and the risk to those species confirmation are those mortalities marine mammals that occurs in waters may be increased when analyses are identified from stranded carcasses. under the jurisdiction of the United conducted on species groups. These stranding records provide only States. These reports must, among other Response: NMFS concurs that some minimum estimates of mortality, and things, contain information regarding populations or species may be more the value of such data is related more to the distribution and abundance of the vulnerable to human-caused mortality illustrating where quantitative data are stock, population growth rates and than others; however, NMFS disagrees needed rather than as substitutes for trends, estimates of annual human- that stock assessment reports describing more reliable estimates. NMFS will caused mortality and serious injury groups of populations or stocks are continue using the summary approach from all sources, descriptions of the necessarily inconsistent with the in the SARs to realize the benefit of fisheries with which the stock interacts, MMPA. The MMPA states that stock short documents that describe the status and the status of the stock. Initial assessment reports must be based upon of each stock of marine mammal. reports were completed in 1995. the best scientific information available. Longer-more detailed discussion of this The MMPA requires NMFS and FWS In many cases, the best available summary information will be contained to review the SARs at least annually for information is limited to species groups. in supporting reports and data, and this strategic stocks and stocks for which For example, in its initial SARs, NMFS supporting information will continue to significant new information is available reported on each species of beaked be cited in the reference section of each and at least once every 3 years for non- whale in a separate report, and most report. strategic stocks. NMFS and the FWS are reports indicated that the species- Comment 3: The SARs are required to revise a SAR if the status of specific abundance and mortality inconsistent in their use of observer the stock has changed or can be more estimates used in management decisions data. For example, an observed accurately determined. were unknown. Thus, the species- mortality of one humpback whale as a Draft 2002 SARs were made available specific reports were not informative. result of a fishery interaction in the for a 90–day public review and As a result, NMFS, in consultation with Pacific was not used as a basis for comment period on April 19, 2002 (67 the SRGs, prepared subsequent reports extrapolation because observer coverage FR 19417). Prior to their release for for beaked whales and some other was less than one percent; however, public review and comment, NMFS stocks as grouped reports. The observer coverage of less than one subjected the draft reports to internal information in these grouped reports percent is extrapolated for several technical review and to scientific review must be interpreted with caution to Atlantic fisheries that appear to take by regional Scientific Review Groups avoid the conservation issues identified large numbers of marine mammals. (SRGs) established under the MMPA. in this comment. When the Also, the use of estimates based upon Following the close of the comment methodologies to obtain data supporting low levels of observer coverage and the period, NMFS revised the reports as stock-specific reports are available and use of a 5–year average fail to inspire needed to prepare final 2002 SARs. sufficient data are collected, NMFS will confidence in the resulting estimates Printed copies may be obtained by use these methods to collect and and are not sufficiently reliable to assess request (see ADDRESSES). analyze the appropriate information to the efficacy of take reduction measures. The FWS updated the most recent prepare separate reports on each stock Response: In the case of the Central versions of the SARs for polar bears, sea of beaked whale and other marine North Pacific stock of Humpback otters, walrus, and manatees and they mammals where grouped data are used. whales, the observed take was not used
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because it was more than 5 years old, Alaska Regional SARs These counts indicate that no major not because only one mortality was Comment 6: The SAR for the western changes in abundance have occurred; observed. If the single observed take had stock of Steller sea lions includes thus, the use of the older estimate is been no more than 5 years old, the fishery-specific mean annual mortality consistent with SAR guidelines. The observed take would have been levels that are more than a decade old. SAR for this stock will next be reviewed extrapolated to a mortality estimate. The report should either explain why in 2004; at that time, NMFS will revisit Thus, both reports are consistent with such data are considered reliable whether using this information for existing guidelines. indicators of current take levels or abundance is still appropriate. Uncertainty in mortality estimates Comment 9: The SAR for the Chukchi remove the data from the table. due to low levels of observer coverage Sea stock of beluga whales does not Response: NMFS agrees that some does, indeed, make it difficult to assess provide sufficient information to estimates of fishery-specific incidental the efficacy of take reduction measures. distinguish between two alternative mortality are quite old. Removing the However, low levels of observer hypotheses: (1) There have been no data from the table would result in an coverage are primarily a result of budget takes of beluga whales as a result of apparent decrease in take level, which limitations. NMFS considers monitoring gillnet and personal-use fisheries and could lead the reader to conclude that in fisheries with an existing take (2) there have been takes but they have mortalities have not occurred incidental reduction plan or in fisheries for which not been reported. The conclusion take reduction plans are being to these fisheries. Thus, because these drawn is consistent with the first developed as its highest priorities. take levels constitute the best available hypothesis, but the basis for These priorities are consistent with information on the level of incidental distinguishing between these priorities for observer coverage provided mortality in these fisheries, the data will hypotheses is not clear and should be in the MMPA. NMFS gives priority to be retained in the table. explained. monitoring incidental takes and Comment 7: It is not clear why harbor Response: The only data available to development and implementation of seal stock structure designations in distinguish between these two take reduction plans for commercial Alaska have not yet been changed. The hypotheses are contained in injury fisheries that have incidental mortality genetics studies that are providing the reports. No injuries (including and serious injury of strategic stocks of basis for the revision were initiated 4 to mortalities) have been reported; marine mammals. Unfortunately, due to 5 years ago, and the studies have since therefore, the best available data support insufficient funding, NMFS will provided the best available scientific the hypothesis that no mortality continue to have some fisheries for information upon which to base a incidental to the personal-use fisheries which incidental mortality estimates are revision of stocks. NMFS has been fully has occurred. Most beluga whales taken highly uncertain due to low levels of informed of the results and should have in personal-use fisheries are used for observer coverage. anticipated the possibility that they subsistence purposes and are reported Comment 4: The Atlantic and Gulf of would indicate a more complex stock as subsistence takes through the Alaska Mexico SAR does not adhere to the structure than was recognized in the Beluga Whale Committee; thus, the requirements of the MMPA regarding past. The need for a stock-specific estimate of total human-caused inclusion of descriptive data on management program seems clear based mortality is not significantly affected. fisheries that interact with marine on significant harbor seal declines in a Comment 10: The SAR for the Cook mammals. number of locations in Alaska. Inlet stock of beluga whales indicates Response: The individual Atlantic Response: NMFS is evaluating the that there were no indications that the and Gulf of Mexico SARs contain stock structure of harbor seals in Alaska large stranding events from 1996–1999 summary data for fisheries that interact through a process that includes resulted from human interactions. with marine mammals. In addition a discussions with the Alaska Native However, the information provided in new table (Appendix I) has been added Harbor Seal Commission under a co- the SAR does not indicate the nature to the 2002 report, which provides the management agreement. NMFS and the and extent of efforts to determine the required information in summary form. Harbor Seal Commission have discussed cause, so the reader cannot distinguish Presenting the fishery descriptions in a the available scientific information, and between (1) the events were unrelated to single table avoids unnecessary the next steps include compiling and human activities and (2) the events were duplication in the descriptions of incorporating Alaska Natives’ related to human activities but the fisheries where the same fishery knowledge into a recommended relationship was not evaluated or interacts with several stocks of marine population structure. detected. Essentially, it is not clear that mammals. Comment 8: The SAR for the eastern the causes of the stranding events could Comment 5: Data standards need to be Chukchi Sea stock of beluga whales be determined, and if this is the case, established to set the level of observer includes an estimate of 3,710 whales the SAR should state as much. coverage for each fishery, particularly which is now based on data that are Response: The exact cause of the Atlantic trawl fisheries. The more than 8 years old. This estimate stranding cannot be determined. development and implementation of should be treated as outdated unless Stranding records and a knowledge of data standards should provide evidence can be provided that it is still the dynamics of Cook Inlet (e.g., tidal assurance that the effect of fisheries and a valid estimate. changes) indicate that human factors other human activities are being Response: NMFS agrees that the were not responsible for the mass assessed reliably. estimate of 3,710 obtained from surveys strandings. Response: NMFS concurs that the conducted in 1989–91 would generally Comment 11: The SAR for the Cook level of observer coverage in Atlantic be considered outdated. However, the Inlet stock of beluga includes a trawl fisheries has been insufficient to maximum count from surveys in 1998 statement in the section entitled obtain reliable bycatch estimates. (1,172 animals) is very similar to the ‘‘Habitat Concerns’’ that there is no However, using data standards to set maximum count during the summers of indication that municipal, commercial, observer levels is not likely to alleviate 1989–91 (- 1,200 animals). In addition, and industrial activities have had a this problem because observer coverage both counts are similar to those quantifiable adverse impact on the is limited by available funding. conducted in the summer of 1979. beluga whale population. The absence
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of evidence in support of a particular harbor porpoise, the level of coverage Response: There is not necessarily an hypothesis is not necessarily evidence should be provided. inconsistency simply because the SAR that the hypothesis is false if a rigorous, Response: The SARs for harbor states no habitat concerns concurrently powerful investigation has not been porpoise were not updated in 2002. with NMFS receiving a petition to conducted. These SARs will be updated in 2003 designate critical habitat. Although Response: Specific investigations and information on the range of petitioners expressed a concern that have not been carried out to determine observer coverage will be provided at commercial fishing vessels may disturb whether municipal, commercial, and that time. whales by generating excessive noise, industrial activities have had a Comment 15: It is not clear how preliminary results of studies conducted quantifiable adverse impact on the estimated mortality rates were on North Atlantic right whales indicate bowhead whale population. However, a calculated from observed mortality rates the whales have not changed their review of the available information in the SARs for Dall’s porpoise. For distribution or behavior in response to indicated that the observed population example, observed mortality in 1990 vessel noise. It is premature to list decline could be explained solely by was 6, and at the 74 percent coverage, vessel disturbance as a ‘‘concern’’ in the subsistence harvest levels. Further, a the estimated mortality should have SAR until the impacts of vessel noise on review of available information on Cook been 8. behavior or distribution is better Inlet beluga whales and their habitat did Response: The estimated mortality understood. not provide any indication that rates cannot be calculated directly by activities other than the harvest were multiplying the observer coverage by Atlantic Regional SARs resulting in population-level effects. the observed mortality for the Bering Comment 18: The section of the Comment 12: The SAR for eastern Sea/Aleutian Islands groundfish trawl Western North Atlantic right whale SAR North Pacific northern resident killer fishery. The overall estimated mortality related to net productivity rates states whale states that a population increases rates, which are provided in the SAR, that no population growth rate can be at the maximum growth rate only when were calculated by multiplying the used because the population is in the population is at extremely low observer coverage in each fishery decline. levels; thus, the estimate of 2.92 percent management zone by the observed Response: NMFS changed the PBR of is not a reliable estimate of Rmax. While mortality rates in each zone and this stock of right whales to 0.0 in the this statement may be generally true, or summing the estimated mortality levels 2000 revision of the SARs. At that time, at least is consistent with density- per zone. The level of observer coverage it was estimated that the stock was not dependence theory, it is not necessarily reflected in the table is the average over likely to recover to its Optimum always the case, particularly for K- all the zones. Thus, if the observer Sustainable Population levels if there selected species in fluctuating coverage in one area is very high, the was any recurring human-caused environments (e.g., where life history or estimated mortality level will be only mortality. Because the population vital rates are limited by biological slightly higher than the observed remains small and critically rather than ecological factors). In these mortality level, as was the case in 1990. endangered, NMFS continues to hold cases, growth rates could approximate Comment 16: The population size and that position. Therefore, whether or not Rmax at intermediate population levels. minimum population abundance there is a value that could be reported Response: NMFS agrees that estimates for the central North Pacific for the maximum net productivity rate, population growth rates could humpback whale are both based on data NMFS maintains that the PBR for the approximate Rmax at intermediate from 1991–1993 and are, therefore, out stock is 0.0 and that this estimate is population levels. However, the of date. consistent with the definition of PBR. generalized logistic model is the best Response: In 2002, NMFS convened a Comment 19: The population estimate available scientific information in this small workshop to begin the for the Western North Atlantic stock of case. Under the logistic model, Rmax development of a new estimate for a blue whales is at least 15 years old, occurs only when population levels are portion of this stock, and preliminary therefore, cannot be assumed to be a low. information will be available to include reliable, current estimate. Comment 13: The AT1 group of in the draft SAR for 2003. Because the Response: NMFS agrees, and a blue transient killer whales is a discrete unit estimate based on the 1991–1993 whale PBR has not been calculated in and should be a stock separate from the information is the best available for this the final report. North Pacific transient killer whale stock, it will be retained until a new Comment 20: SARs should not be stock. estimate is available. limited to records of mortality and Response: This comment was Comment 17: The SAR for the North serious injury that occur only in the subsequently attached to a petition Pacific right whale states that there are U.S. Exclusive Economic Zone (EEZ). submitted to NMFS pursuant to section no known habitat issues for this stock Similar to other species reports, all 115 of the MMPA requesting that the and also indicates that the NMFS has human caused mortality of Western AT1 group of killer whales be been petitioned to designate critical North Atlantic blue whales should be recognized as a separate stock and habitat for this species. These two included in the report. designated as depleted. NMFS is statements seem inconsistent. More Response: NMFS does not have currently evaluating the petition and importantly, a concern leading to the mortality data on Western North will respond as required by the MMPA. petition seems to have been ignored. Atlantic blue whales outside U.S. waters If stock structure of transient killer The only recent observations of right and is not aware of incidents of human- whales in Alaska is modified as a result whales have occurred in an area where caused deaths or serious injury on this of this evaluation, NMFS will modify much commercial fishing occurs. If population. the SARs accordingly. whales are disturbed by fishing Comment 21: The ‘‘Fishery Comment 14: The range of observer activities, their use of potentially Interaction’’ section of the SAR for coverage is not provided in Table 22 of important habitat may be precluded by common dolphins (Western North the Gulf of Alaska harbor porpoise SAR. the presence of fishing vessels and Atlantic stock) describes a pelagic Although there is almost no observer fishing operations that generate longline fishery, but the level of take is coverage for gillnet fisheries that take extensive noise. not provided in the text or in Table 2.
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Response: Although 16 common Response: The role of biotoxins, such SRG in late summer and fall of 2003 dolphins were killed incidental to the as ciguatoxin, in mortality of monk seals prior to public review and comment. pelagic longline fishery between 1990– remains speculative. Any number of Comment 27: In Table 1 of the 2000, no animals were killed or other factors could also be hypothesized Fisheries Information section for harbor seriously injured during the 5–year to cause mortality to monk seals, but are porpoise (Oregon/Washington coastal period (1996–2000). Therefore, the data not listed because they are not stock), estimates of mean annual take were not included in Table 2. confirmed. As relevant information have not been included even though becomes available, NMFS will include a estimated mortality levels are included Pacific Regional SARs summary of this information in the and, in most cases, are not zero. Comment 22: For Hawaiian monk SARs, including the effects of biotoxins Although the observed mortality was seals, the pattern of residuals in the on monk seals. recorded during experiments with graph showing mean number of non- Comment 25: In the Fisheries pingers, it is not clear why the resulting pups by year suggests that the fitted Information section, there was take levels are not carried over into the model may be too linear, and other confusion over the total number of sets final column. models should be investigated to and hooks fished in Hawaiian waters. Response: The mean annual take is provide a better fit. The title for the Y- Response: Two sets of values were included in Table 1 and is calculated as axis overlaps the units of measurement presented: one for Hawaii-based vessels the average of the most recent 5 years and is difficult to read. and another for vessels landing on the of mortality estimates. The mean annual Response: NMFS is currently U.S. west coast (excluding Alaska and take of 9 (CV=0.62) harbor porpoise, investigating other analyses to interpret Hawaii). The reported value of 20.2 calculated for the northern Washington the data more precisely. However, the million hooks fished in 2000 refers to marine set gillnet fishery in 1996–2000, slope of the current model provides an Hawaiian-based vessels, which includes mortality estimates for two of average rate of population decline corresponds to approximately 12,000 the years (1996 and 1997) in which during the entire period covered in the fishing trips, or 1,700 hooks per set. The acoustic alarm experiments were graph. cited value of 285 sets in year 2000 conducted in this fishery. Comment 23: Data for population size refers to boats landing on the Dated: April 7, 2003. of Hawaiian Monk Seals in 2001 are continental U.S. west coast. Information Laurie K. Allen, available, and it would be useful to on the number of Hawaiian-based sets include them in the discussion and the Acting Director, Office of Protected Resources, will be clarified in the final stock National Marine Fisheries Service. graph. assessment. Response: Although the data for 2001 Comment 26: The commenter noted [FR Doc. 03–9058 Filed 4–11–03; 8:45 am] are currently available, the estimates that the abundance of false killer whales BILLING CODE 3510–22–S resulting from these data were not in regions yet unsurveyed is unknown, completed and reviewed prior to nor has their presence been established DEPARTMENT OF COMMERCE completion of the 2002 draft SARs. The in the Northwestern Hawaiian Islands. new estimates will be included in future The commenter also suggested that it National Oceanic and Atmospheric drafts for public review and comment. might be more accurate to state that Administration Comment 24: In the fourth paragraph current estimates are negatively biased, in the Hawaiian monk seal section and with the extent of the potential bias [I.D. 040903A] in the section on Other Mortality, being unknown. references to biotoxins (e.g., Response: The abundance of Gulf of Mexico Fishery Management ciguatoxins) have been removed. Hawaiian false killer whales outside of Council; Public Meeting Although mortality due to biotoxins has previously surveyed areas is unknown, AGENCY: National Marine Fisheries not been confirmed, it has long been a but their presence has been documented Service (NMFS), National Oceanic and matter of concern stemming largely from through longline fishery interactions. Atmospheric Administration (NOAA), (1) the 1978 mass mortality of seals at Given even a low density of animals Commerce. Laysan Island, which may have resulted outside previously surveyed areas and ACTION: Notice of public meeting. from ciguatoxins, and (2) observations the large expanse of the study area, new that monk seals consumed fish that population estimates are likely to SUMMARY: The Gulf of Mexico Fishery were discarded during bottomfish exceed the currently published estimate Management Council will convene a operations because those fish are known by an unknown amount. Thus the joint public meeting via conference call to contain potentially high levels of current aerial survey estimate represents of the Reef Fish Advisory Panel (AP) biotoxins (i.e., were not considered fit an underestimate, owing to a lack of and Reef Fish Scientific and Statistical for human consumption). The lack of survey coverage throughout the stock’s Committee (SSC). confirmation that biotoxins do, in fact, range. Current abundance estimates are DATES: The meeting will be via cause mortality could indicate they do also negatively-biased because conference call on April 28, 2003 not, but it could also indicate that correction factors for the proportion of beginning at 10 a.m. EDT. methods for detection or monitoring of animals missed by the survey aircraft ADDRESSES: Listening stations will be such mortality are inadequate. In view due to diving (availability bias) and available at the following locations: of the fact that the potential threat posed poor searching conditions (perception 1. NMFS Southeast Regional Office, to monk seals by biotoxins cannot be bias) are not available. A research cruise 9721 Executive Center Drive, North, St. reliably characterized and concerns conducted in summer and autumn 2002 Petersburg, FL 33702, Contact: Larry about such threats appear to be justified in the Hawaiian EEZ is expected to Kelley at 727–570–5301; on the basis of the existing information provide reliable estimates of abundance 2. NMFS Panama City Laboratory, on monk seals (as well as information of false killer whales throughout the 3500 Delwood Beach Road, Panama on biotoxin effects on other marine Hawaiian EEZ. Revised abundances City, FL, Contact: Gary Fitzhugh at 850– mammal species), this potential source estimates for Hawaiian cetaceans are 234–6541, extension 214. of mortality should be described in the expected to appear in the 2004 SARs, Council address: Gulf of Mexico report. which will be reviewed by the Pacific Fishery Management Council, 3018 U.S.
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Highway 301 North, Suite 1000, Tampa, Council (see ADDRESSES) by April 21, FOR FURTHER INFORMATION CONTACT: Paul FL 33619. 2003. H. Jones, Fishery Policy Analyst, 978– FOR FURTHER INFORMATION CONTACT: Dated: April 9, 2003. 281–9273, fax 978–281–9135, e-mail Steven Atran, Population Dynamics Richard W. Surdi, [email protected]. Statistician, Gulf of Mexico Fishery Acting Director, Office of Sustainable SUPPLEMENTARY INFORMATION: The MDO Management Council; telephone: 813– Fisheries, National Marine Fisheries Service. of Southwest Harbor, ME, submitted an 228–2815. [FR Doc. 03–9061 Filed 4–11–03; 8:45 am] application for an EFP on February 14, SUPPLEMENTARY INFORMATION: The AP BILLING CODE 3510–22–S 2003, to collect several species of fish and Reef Fish SSC will be convened to for public display. The target species review and comment on a proposed would include winter flounder Amendment 21 to the Reef Fish Fishery DEPARTMENT OF COMMERCE (blackbacks), witch flounder (dabs), Management Plan (FMP) to extend the yellowtail flounder, American plaice time period for the Madison/Swanson National Oceanic and Atmospheric (grey sole), Atlantic halibut, monkfish, and Steamboat Lumps marine reserves Administration eel pouts, sculpins, sea ravens, Atlantic beyond their June 16, 2004 expiration [I.D. 032803D] cod, wolfish, spiny dogfish, little skate, date. barndoor skate, and various species of The Madison/Swanson and Steamboat Magnuson-Stevens Act Provisions; the Phyla Arthropoda (not including Lumps marine reserves were General Provisions for Domestic lobsters) and Echinodermata. implemented on June 19, 2000 with a 4– Fisheries; Applications for Exempted A single chartered vessel would use a year sunset provision. The Madison/ Fishing Permits (EFPs) shrimp trawl with 2–inch (5.08–cm) Swanson site is approximately 115 mesh to collect marine fish with square nautical miles in size and is AGENCY: National Marine Fisheries approximately 2–tows per day over a 2– located about 40 nautical miles Service (NMFS), National Oceanic and day period from May 12, 2003, through southwest of Apalachicola City, FL. Atmospheric Administration (NOAA), May 20, 2003, and over a 2–day period Steamboat Lumps is approximately 104 Commerce. from June 23, 2003, through June 30, square nautical miles in size and is ACTION: Notification of a proposal for an 2003. Tow lengths would be between 10 located about 95 nautical miles west of EFP to conduct experimental fishing; minutes to 1 hour. The specimens Tarpon Springs, FL. Within each area, request for comments. would be cared for in chilled and fishing is prohibited for all species aerated seawater while on board the SUMMARY: except for highly migratory species, i.e., The Administrator, Northeast fishing vessel and would be transferred tunas, marlin, oceanic sharks, sailfishes, Region, NMFS (Regional Administrator) live to tanks the day they are caught. and swordfish. These marine reserves has made a preliminary determination The fish would be brought to shore, were created primarily to protect a that an EFP application submitted by maintained in tanks for public display portion of the gag spawning the Mount Desert Oceanarium (MDO) of for a period of time not to exceed 5 aggregations and to protect a portion of Southwest Harbor, ME, contains all of months, and would be returned to the the offshore population of male gag. The the required information and warrants sea in October 2003. areas are also suitable habitat and further consideration. The EFP would Collection would be made using a 2– provide protection for many other allow one fishing vessel to fish for, inch (5.08–cm) mesh shrimp net within species, such as scamp, red grouper, retain, and land small numbers of the Small Mesh Northern Shrimp warsaw grouper, speckled hind, red regulated multispecies, monkfish, spiny Fishery Exemption Area (Area) off snapper, red porgy, and others. If action dogfish, and several unmanaged species Maine. Since the shrimp fishery would is not taken to continue the reserves, for the purpose of public display. NMFS be closed at the time of collection, an they will cease to exist after June 16, has made a preliminary determination exemption from the Northeast 2004. that the activities authorized under this multispecies minimum mesh regulation A copy of the agenda can be obtained EFP would be consistent with the goals of 6–inch (15.24–cm) diamond/6.5–inch by contacting the Council (see addresses and objectives of the Fishery (16.51–cm) square mesh at 50 CFR above). Management Plans (FMPs) for the 648.80(a)(2) for vessels operating in the Although non-emergency issues not managed species. However, further Area would be required. If the target contained in the agenda may come review and consultation may be species cannot be found in the Area, an before the AP/SSC for discussion, in necessary before a final determination is exemption from the Northeast accordance with the Magnuson-Stevens made to issue the EFP. Regulations multispecies minimum mesh regulation Fishery Conservation and Management under the Magnuson-Stevens Fishery of 6–inch (15.24–cm) diamond/6.5–inch Act (MSFCMA), those issues may not be Conservation and Management Act (16.51–cm) square mesh at 50 CFR the subject of formal action during this require publication of this notification 648.80(a)(2) would be required to allow meeting. Action will be restricted to to provide interested parties the collection farther east and southeast in those issues specifically identified in opportunity to comment on applications portions of the Gulf of Maine/Georges this notice and any issues arising after for proposed EFPs. Bank Regulated Mesh Area. publication of this notice that require DATES: Comments on this notification In addition, the applicant has emergency action under section 305 (c) must be received at the appropriate requested exemptions from monkfish of the MSFCMA, provided the public address or fax number (see ADDRESSES) and multispecies days-at-sea has been notified of the Council’s intent on or before April 29, 2003. requirements at 50 CFR 648.92 and to take final action to address the ADDRESSES: Comments should be sent to 648.82. The target species would emergency. Patricia Kurkul, Regional Administrator, include winter flounder (blackbacks), The listening stations are physically Northeast Regional Office, NMFS, One witch flounder (dabs), yellowtail accessible to people with disabilities. Blackburn Drive, Gloucester, MA 01930. flounder, American plaice (grey sole), Requests for sign language Mark on the outside of the envelope Atlantic halibut, monkfish, eel pouts, interpretation or other auxiliary aids ‘‘Comments on MDO Exempted Fishing sculpins, sea ravens, Atlantic cod, should be directed to Anne Alford at the Permit Application.’’ wolfish, spiny dogfish, little skate,
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barndoor skate, and various species of with regard to whether these fabrics can in one or more beneficiary sub-Saharan the Phyla Arthropoda (not including be supplied by the domestic industry in African countries from such fabrics: lobsters) and Echinodermata. commercial quantities in a timely The applicant would retain a manner. Comments must be submitted 1. Name: light-weight dyed warp pile velvet maximum of six fish per species, by April 29, 2003, to the Chairman, HTS subheading: 5801.25.00 Fiber Composition: 100 percent combed cotton juveniles and adults combined with the Committee for the Implementation of Yarn: 230 g/m2 to 260 g/m2 exception of Atlantic halibut. The Textile Agreements, Room 3001, United Construction: applicant would only be permitted to States Department of Commerce, Woven Fabric - 96 x 98 retain a total of one Atlantic halibut Washington, D.C. 20230. Warp - 42/2 ply + 42/2 ply Weft - 32 single yarn with a minimum length of 36 inches EFFECTIVE DATE: April 14, 2003. (91.44 cm). The applicant has requested Woven Fabric - 96 x 102 exemption from minimum fish sizes and FOR FURTHER INFORMATION CONTACT: Warp - 42/2 ply + 60/2 ply possession limits at 50 CFR 648.83, Anna Flaaten, Office of Textiles and Weft - 32 single yarn 648.86, 648.89, 648.93, 648.94 Apparel, U.S. Department of Commerce, (202) 482-3400. 2. Name: medium-weight dyed warp pile velvet (multispecies and monkfish fisheries); HTS subheading: 5801.25.00 648.103, 648.105 (summer flounder SUPPLEMENTARY INFORMATION: Fiber Composition: 97 to 98 percent cotton, up to fishery); 648.124, 648.125 (scup fishery); 3 percent spandex yarn Authority: Section 112(b)(5)(B) of the Yarn: 280 g/m2 to 330 g/m2 and 648.143, 648.145 (black sea bass AGOA, Section 1 of Executive Order No. Construction: fishery). 13191 of January 17, 2001. Woven Fabric - 110 x 84 Any fishing activity conducted Warp - 42/2 ply + 50/2 ply outside the scope of the exempted Background Weft - 30 single yarn + 40 denier spandex fishing activity would be prohibited. The AGOA provides for quota- and Woven Fabric - 126 x 84 Authority: 16 U.S.C. 1801 et seq. duty-free treatment for qualifying textile Warp - 42/2 ply + 50/2 ply Weft - 30 single yarn + 40 denier spandex Dated: April 8, 2003. and apparel products. Such treatment is generally limited to products Richard W. Surdi, CITA is soliciting public comments manufactured from yarns or fabrics regarding this request, particularly with Acting Director, Office of Sustainable formed in the United States or a Fisheries, National Marine Fisheries Service. respect to whether such fabrics can be beneficiary country. The AGOA also supplied by the domestic industry in [FR Doc. 03–9060 Filed 4–11–03; 8:45 am] provides for quota- and duty-free commercial quantities in a timely BILLING CODE 3510–22–S treatment for apparel articles that are manner. Also relevant is whether other both cut (or knit-to-shape) and sewn or products that are supplied by the otherwise assembled in one or more domestic industry in commercial COMMITTEE FOR THE beneficiary sub-Saharan African quantities in a timely manner are IMPLEMENTATION OF TEXTILE countries from fabric or yarn that is not substitutable for the fabrics for the AGREEMENTS formed in the United States or a purposes of the intended use. beneficiary sub-Saharan African Comments must be received no later Request for Public Comments on country, if it has been determined that Commercial Availability Request under than April 29, 2003. Interested persons such fabric or yarns cannot be supplied are invited to submit six copies of such the African Growth and Opportunity by the domestic industry in commercial Act (AGOA) comments or information to the quantities in a timely manner. In Chairman, Committee for the April 10, 2003. Executive Order No. 13191, the Implementation of Textile Agreements, AGENCY: The Committee for the President delegated to CITA the Room 3100, U.S. Department of Implementation of Textile Agreements authority to determine whether yarns or Commerce, 14th and Constitution (CITA). fabrics cannot be supplied by the Avenue, N.W., Washington, DC 20230. domestic industry in commercial ACTION: Request for public comments If a comment alleges that such fabrics concerning a request for a determination quantities in a timely manner under the can be supplied by the domestic that certain light- and medium-weight AGOA and directed CITA to establish industry in commercial quantities in a dyed warp pile cotton velvet, for use in procedures to ensure appropriate public timely manner, CITA will closely apparel articles, cannot be supplied by participation in any such determination. review any supporting documentation, the domestic industry in commercial On March 6, 2001, CITA published such as a signed statement by a quantities in a timely manner. procedures in the Federal Register that manufacturer of the yarn or fabric it will follow in considering requests. stating that it produces the fabrics that SUMMARY: On April 8, 2003, the (66 FR 13502). are the subject of the request, including Chairman of CITA received a petition On April 8, 2003, the Chairman of the quantities that can be supplied and from Crystal Apparel Limited of Hong CITA received a petition from Crystal the time necessary to fill an order, as Kong and Sinotex Mauritius Limited in Apparel Limited of Hong Kong and well as any relevant information Mauritius alleging that certain light- and Sinotex Mauritius Limited in Mauritius regarding past production. medium-weight dyed warp pile cotton alleging that certain light- and medium- CITA will protect any business velvet for use in men’s and boys’ jackets weight dyed warp pile cotton velvet, confidential information that is marked and pants and women’s and girls’ classified in subheading 5801.25.00 of business confidential from disclosure jackets, dresses, skirts, pants, and shorts the Harmonized System of the United for the full extent permitted by law. cannot be supplied by the domestic States, with the following specifications, CITA will make available to the public industry in commercial quantities in a cannot be supplied by the domestic non-confidential versions of the request timely manner. It requests that such industry in commercial quantities in a and non-confidential versions of any apparel articles of such fabrics be timely manner and requesting quota- public comments received with respect eligible for preferential treatment under and duty-free treatment under the to a request in room 3100 in the Herbert the AGOA. CITA hereby solicits public AGOA for certain jackets, dresses, skirts, Hoover Building, 14th and Constitution comments on this request, in particular pants and shorts, that are cut and sewn Avenue, N.W., Washington, DC 20230.
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Persons submitting comments on a collection; and (6) Reporting and/or DEPARTMENT OF EDUCATION request are encouraged to include a non- Recordkeeping burden. OMB invites confidential version and a non- public comment. Notice of Proposed Information Collection Requests confidential summary. Dated: April 8, 2003. James C. Leonard III, John D. Tressler, AGENCY: Department of Education. Chairman, Committee for the Implementation Leader, Regulatory Management Group, ACTION: Notice of proposed information of Textile Agreements. Office of the Chief Information Officer. collection requests. [FR Doc.03–9204 Filed 4–10–03; 3:18 pm] Office of Educational Research and SUMMARY: The Leader, Regulatory BILLING CODE 3510–DR–S Improvement Management Group, Office of the Chief Information Officer, invites comments Type of Review: New. on the proposed information collection DEPARTMENT OF EDUCATION Title: National Assessment of requests as required by the Paperwork Reduction Act of 1995. Submission for OMB Review; Educational Progress: Foreign Language DATES: An emergency review has been Comment Request Assessment, Field Test 2003 and Full Scale 2004. requested in accordance with the Act (44 U.S.C. Chapter 3507 (j)), since AGENCY: Department of Education. Frequency: One-time. SUMMARY: The Leader, Regulatory public harm is reasonably likely to Affected Public: Individuals or Management Group, Office of the Chief result if normal clearance procedures household; State, Local, or Tribal Gov’t, Information Officer invites comments are followed. Approval by the Office of on the submission for OMB review as SEAs or LEAs. Management and Budget (OMB) has required by the Paperwork Reduction Reporting and Recordkeeping Hour been requested by April 14, 2003. A Act of 1995. Burden: regular clearance process is also beginning. Interested persons are DATES: Interested persons are invited to Responses: 16,064. invited to submit comments on or before submit comments on or before May 14, Burden Hours: 5,623. June 13, 2003. 2003. Abstract: The National Assessment of ADDRESSES: Written comments ADDRESSES: Written comments should regarding the emergency review should be addressed to the Office of Educational Progress Foreign Language Assessment will assess the current be addressed to the Office of Information and Regulatory Affairs, Information and Regulatory Affairs, Attention: Lauren Wittenberg, Acting status of the foreign language skills of high school seniors in the U.S. as well Attention: Lauren Wittenberg, Desk Desk Officer, Department of Education, Officer: Department of Education, Office Office of Management and Budget, 725 as collecting information about foreign language programs, instructional of Management and Budget; 725 17th 17th Street, NW., Room 10235, New Street, NW., Room 10235, New Executive Office Building, Washington, practices, and attitudes towards learning foreign languages. Executive Office Building, Washington, DC 20503 or should be electronically DC 20503 or should be electronically mailed to the internet address Requests for copies of the submission mailed to the internet address _ Lauren [email protected]. for OMB review; comment request may [email protected]. . SUPPLEMENTARY INFORMATION: Section be accessed from http:// SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of edicsweb.ed.gov, by selecting the 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires ‘‘Browse Pending Collections’’ link and 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and by clicking on link number 2222. When that the Director of OMB provide Budget (OMB) provide interested you access the information collection, interested Federal agencies and the Federal agencies and the public an early click on ‘‘Download Attachments’’ to public an early opportunity to comment opportunity to comment on information view. Written requests for information on information collection requests. The collection requests. OMB may amend or should be addressed to Vivian Reese, Office of Management and Budget waive the requirement for public Department of Education, 400 Maryland (OMB) may amend or waive the consultation to the extent that public Avenue, SW., Room 4050, Regional requirement for public consultation to participation in the approval process Office Building 3, Washington, DC the extent that public participation in would defeat the purpose of the 20202–4651 or to the e-mail address the approval process would defeat the information collection, violate State or [email protected]. Requests may also purpose of the information collection, Federal law, or substantially interfere be electronically mailed to the internet violate State or Federal law, or with any agency’s ability to perform its address [email protected] or faxed to substantially interfere with any agency’s statutory obligations. The Leader, (202) 708–9346. Please specify the ability to perform its statutory Regulatory Management Group, Office complete title of the information obligations. The Acting Leader, of the Chief Information Officer, collection when making your request. Information Management Group, Office publishes that notice containing Comments regarding burden and/or of the Chief Information Officer, proposed information collection the collection activity requirements publishes this notice containing requests prior to submission of these should be directed to Katrina Ingalls at proposed information collection requests to OMB. Each proposed (703) 620–3655 or via her e-mail address requests at the beginning of the information collection, grouped by [email protected]. Individuals who Departmental review of the information office, contains the following: (1) Type use a telecommunications device for the collection. Each proposed information of review requested, e.g. new, revision, deaf (TDD) may call the Federal collection, grouped by office, contains extension, existing or reinstatement; (2) Information Relay Service (FIRS) at 1– the following: (1) Type of review Title; (3) Summary of the collection; (4) 800–877–8339. requested, e.g., new, revision, extension, Description of the need for, and existing or reinstatement; (2) Title; (3) proposed use of, the information; (5) [FR Doc. 03–8999 Filed 4–11–03; 8:45 am] Summary of the collection; (4) Respondents and frequency of BILLING CODE 4000–01–P Description of the need for, and
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proposed use of, the information; (5) Avenue, SW., Room 4050, Regional Support at Respondents and frequency of Office Building 3, Washington, DC [email protected] or toll- collection; and (6) Reporting and/or 20202–4651 or to the e-mail address free at (866) 208–3676, or TTY, contact Recordkeeping burden. ED invites [email protected]. Requests may also (202) 502–8659. The Commission public comment. The Department of be electronically mailed to the internet strongly encourages electronic filings. Education is especially interested in address [email protected] or faxed to See 18 CFR 385.2001(a)(1)(iii) and the public comment addressing the 202–708–9346. Please specify the instructions on the Commission’s Web following issues: (1) Is this collection complete title of the information site under the ‘‘e-Filing’’ link. necessary to the proper functions of the collection when making your request. Comment Date: April 14, 2003. Comments regarding burden and/or Department; (2) will this information be Magalie R. Salas, processed and used in a timely manner; the collection activity requirements, Secretary. (3) is the estimate of burden accurate; contact Joseph Schubart at (202) 708– (4) how might the Department enhance 9266 or via his e-mail address [FR Doc. 03–9102 Filed 4–11–03; 8:45 am] the quality, utility, and clarity of the [email protected]. Individuals who BILLING CODE 6717–01–P information to be collected; and (5) how use a telecommunications device for the might the Department minimize the deaf (TDD) may call the Federal DEPARTMENT OF ENERGY burden of this collection on Information Relay Service (FIRS) at 1– respondents, including through the use 800–877–8339. Federal Energy Regulatory of information technology. [FR Doc. 03–9121 Filed 4–11–03; 8:45 am] Commission Dated: April 9, 2003. BILLING CODE 4000–01–U [Docket No. RP03–329–000] John D. Tressler, Leader, Regulatory Management Group, ANR Pipeline Company; Notice of Office of the Chief Information Officer. DEPARTMENT OF ENERGY Tariff Filing Office of Postsecondary Education Federal Energy Regulatory April 3, 2003. Type of Review: Reinstatement. Commission Take notice that on March 31, 2003, Title: Preparing Tomorrow’s Teachers ANR Pipeline Company (ANR), [Docket No. RP99–301–074] to Use Technology. tendered for filing as part of its FERC Abstract: Capacity Building and ANR Pipeline Company; Notice of Gas Tariff, Second Revised Volume No. Catalyst grants will be awarded for two Negotiated Rate Filing 1, the following tariff sheets, with an years to prepare future teachers to use effective date of May 1, 2003: modern learning technologies. These April 7, 2003. Ninth Revised Sheet No. 10 grants will address critical issues in the Take notice that on April 1, 2003, Fifth Revised Sheet No. 46 integration of technology into the ANR Pipeline Company (ANR), Third Revised Sheet No. 47 classroom curriculum. These issues tendered for filing and approval a Second Revised Sheet No. 48 include (1) access to modern Service Agreement between ANR and Fifth Revised Sheet No. 49 educational tools; (2) support in the Dynegy Marketing and Trade pursuant First Revised Sheet No. 49A Second Revised Sheet No. 50 preparation of well-qualified, to ANR’s Rate Schedule FTS–3 (the Fourth Revised Sheet No. 51 technology proficient teachers; (3) and Agreement). ANR requests that the Third Revised Sheet No. 80 bridging the digital equity to ensure Commission accept and approve the Fifth Revised Sheet No. 84 access to modern learning technology Agreement to be effective on April 1, Sixth Revised Sheet No. 85 and qualified teachers for all students 2003. Fifth Revised Sheet No. 91 Additional Information: Congress Any person desiring to be heard or to First Revised Sheet No. 96 surprised this program with substantial protest said filing should file a motion Second Revised Sheet No. 101A funding during their staff reengineering. to intervene or a protest with the Original Sheet No. 101B This information collection needs to Federal Energy Regulatory Commission, ANR states that the revised tariff reach the public soon in order to avoid 888 First Street, NE., Washington, DC sheets are being filed in order to provide staff conflicts within the schools. 20426, in accordance with sections more flexibility to its current firm Frequency: Annually. 385.314 or 385.211 of the Commission’s storage service, by primarily modifying Affected Public: Not-for-profit rules and regulations. All such motions the time frame within which storage institutions; businesses or other for- or protests must be filed in accordance service can be sold. ANR also proposes profit; State, Local, or Tribal Gov’t, with section 154.210 of the to adopt a time line defining under SEAs or LEAs Commission’s Regulations. Protests will which circumstances ANR must Reporting and Recordkeeping Hour be considered by the Commission in consider requests and accept or reject Burden: determining the appropriate action to be requests for any service at maximum Responses: 450. taken, but will not serve to make rates. Burden Hours: 18,000. protestants parties to the proceedings. Any person desiring to be heard or to Requests for copies of the proposed Any person wishing to become a party protest said filing should file a motion information collection request may be must file a motion to intervene. This to intervene or a protest with the accessed from http://edicsweb.ed.gov, filing is available for review at the Federal Energy Regulatory Commission, by selecting the ‘‘Browse Pending Commission in the Public Reference 888 First Street, NE., Washington, DC Collections’’ link and by clicking on Room or may be viewed on the 20426, in accordance with Sections link number 2253. When you access the Commission’s Web site at http:// 385.314 or 385.211 of the Commission’s information collection, click on www.ferc.gov using the ‘‘FERRIS’’ link. Rules and Regulations. All such motions ‘‘Download Attachments ‘‘ to view. Enter the docket number excluding the or protests must be filed in accordance Written requests for information should last three digits in the docket number with Section 154.210 of the be addressed to Vivian Reese, field to access the document. For Commission’s Regulations. Protests will Department of Education, 400 Maryland assistance, please contact FERC Online be considered by the Commission in
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determining the appropriate action to be comment date. Protests will be [email protected] or toll- taken, but will not serve to make considered by the Commission in free at (866) 208–3676, or for TTY, protestants parties to the proceedings. determining the appropriate action to be contact (202) 502–8659. Any person wishing to become a party taken, but will not serve to make Specifically, Dominion Cove Point must file a motion to intervene. This protestants parties to the proceedings. requests authorization to construct the filing is available for review at the Any person wishing to become a party Loudoun Station, consisting of two Commission in the Public Reference must file a motion to intervene. This 4,735 horsepower (hp) gas-fired Room or may be viewed on the filing is available for review at the compressor units and one 2,370 hp gas- Commission’s website at http:// Commission in the Public Reference fired compressor unit, and the Pleasant www.ferc.gov using the ‘‘FERRIS’’ link. Room or may be viewed on the Valley Station, consisting of one 4,750 Enter the docket number excluding the Commission’s Web site at http:// hp electric driven compressor unit and last three digits in the docket number www.ferc.gov using the ‘‘FERRIS’’ link. one 2,750 hp electric driven compressor field to access the document. For Enter the docket number excluding the unit, as well as appurtenant facilities at assistance, please contact FERC Online last three digits in the docket number both stations. Dominion Cove Point Support at field to access the document. For states that both proposed new [email protected] or toll- assistance, please contact FERC Online compressor stations will be constructed free at (866) 208–3676, or TTY, contact Support at on land owned by Dominion Cove (202) 502–8659. The Commission [email protected] or toll- Point, and estimates the total cost of the strongly encourages electronic filings. free at (866) 208–3676, or TTY, contact project to be approximately $43.5 See 18 CFR 385.2001(a)(1)(iii) and the (202) 502–8659. The Commission million. Dominion Cove Point proposes instructions on the Commission’s Web strongly encourages electronic filings. to price the new service incrementally site under the ‘‘e-Filing’’ link. See 18 CFR 385.2001(a)(1)(iii) and the and to establish an electric tracker Comment Date: April 14, 2003. instructions on the Commission’s Web applicable to customers of the proposed site under the ‘‘e-Filing’’ link. project. Magalie R. Salas, Comment Date: April 14, 2003. Dominion Cove Point explains that, as Secretary. part of an uncontested settlement [FR Doc. 03–9259 Filed 4–11–03; 8:45 am] Magalie R. Salas, approved by the Commission on BILLING CODE 6717–01–P Secretary. February 27, 2003, Dominion Cove [FR Doc. 03–9100 Filed 4–11–03; 8:45 am] Point was required to file an BILLING CODE 6717–01–P application, on or before March 31, DEPARTMENT OF ENERGY 2003, for certificate authority to construct facilities necessary to create Federal Energy Regulatory DEPARTMENT OF ENERGY firm transportation capacity from west Commission to east on its system. By this Federal Energy Regulatory [Docket No. RP03–332–000] application, Dominion Cove Point Commission proposes to create such west to east CenterPoint Energy Gas Transmission [Docket No. CP03–74–000] transportation service. Dominion Cove Company; Notice of Filing Point states that it has entered into Dominion Cove Point LNG, LP; Notice precedent agreements with two shippers April 7, 2003. of Application for all 445,000 Dth/d of the project’s Take notice that on April 1, 2003, incremental capacity. CenterPoint Energy Gas Transmission April 7, 2003. Dominion Cove Point requests that Company (CEGT) submitted its Annual Take notice that on March 28, 2003, the Commission issue a final order by Revenue Crediting Filing pursuant to its Dominion Cove Point LNG, LP September 30, 2003. FERC Gas Tariff, Sixth Revised Volume (Dominion Cove Point), 120 Tredegar Any questions regarding this No. 1, section 5.7(c)(ii)(2)B (Imbalance Street, Richmond, Virginia 23219, filed application should be directed to Mr. Cash Out), section 23.2(b)(iv) (IT, SBS with the Federal Energy Regulatory Sean R. Sleigh, Certificates Manager, and PHS Revenue Crediting) and section Commission (Commission) in Docket Dominion Cove Point LNG, LP, 120 23.5 (IT Revenue Credit). No. CP03–74–000, an application Tredegar Street, Richmond, Virginia CEGT states that its filing addresses pursuant to section 7(c) of the Natural 23219, or call (304)627–3462 or FAX the period from February 1, 2002, Gas Act and part 157 of the Comission’s (304)627–3305. through January 31, 2003. CEGT states regulations for authorization to There are two ways to become that the IT and FT Cash Balancing construct, install, own, operate, and involved in the Commission’s review of Revenue Credits and the IT Revenue maintain two new compressor stations, this project. First, any person wishing to Credit for the period reflected in this Loudoun Station and Pleasant Valley obtain legal status by becoming a party filing are zero. CEGT further states that Station (Cove Point East Project), to be to the proceedings for this project since CEGT’s current tariff sheets located in Loudoun and Fairfax should, on or before the comment date already reflect zero Cash Balancing and Counties, Virginia, respectively, as more stated below, file with the Federal IT Revenue Credits, no tariff revisions fully described in the application. This Energy Regulatory Commission, 888 are necessary. filing is available for review at the First Street, NE., Washington, DC 20426, Any person desiring to be heard or to Commission in the Public Reference a motion to intervene in accordance protest said filing should file a motion Room or may be viewed on the with the requirements of the to intervene or a protest with the Commission’s Web site at http:// Commission’s rules of practice and Federal Energy Regulatory Commission, www.ferc.gov using the ‘‘FERRIS’’ link. procedure (18 CFR 385.214 or 385.211) 888 First Street, NE., Washington, DC Enter the docket number excluding the and the Regulations under the NGA (18 20426, in accordance with sections last three digits in the docket number CFR 157.10). A person obtaining party 385.314 or 385.211 of the Commission’s field to access the document. For status will be placed on the service list rules and regulations. All such motions assistance, please contact FERC Online maintained by the Secretary of the or protests must be filed on or before the Support at Commission and will receive copies of
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all documents filed by the applicant and proposal, it is important either to file link. Enter the docket number excluding by all other parties. A party must submit comments or to intervene as early in the the last three digits in the docket 14 copies of filings made with the process as possible. number field to access the document. Commission and must mail a copy to Protests and interventions may be For assistance, please contact FERC the applicant and to every other party in filed electronically via the internet in Online Support at the proceeding. Only parties to the lieu of paper; see 18 CFR [email protected] or toll- proceeding can ask for court review of 385.2001(a)(1)(iii) and the instructions free at (866) 208–3676, or TTY, contact Commission orders in the proceeding. on the Commission’s Web site under the (202) 502–8659. The Commission However, a person does not have to ‘‘e-Filing’’ link. The Commission strongly encourages electronic filings. intervene in order to have comments strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the considered. The second way to If the Commission decides to set the instructions on the Commission’s Web participate is by filing with the application for a formal hearing before site under the ‘‘e-Filing’’ link. Secretary of the Commission, as soon as an Administrative Law Judge, the Protest Date: April 14, 2003. possible, an original and two copies of Commission will issue another notice Magalie R. Salas, comments in support of or in opposition describing that process. At the end of to this project. The Commission will the Commission’s review process, a Secretary. consider these comments in final Commission order approving or [FR Doc. 03–9103 Filed 4–11–03; 8:45 am] determining the appropriate action to be denying a certificate will be issued. BILLING CODE 6717–01–P taken, but the filing of a comment alone Comment Date: April 28, 2003. will not serve to make the filer a party to the proceeding. The Commission’s Magalie R. Salas, DEPARTMENT OF ENERGY rules require that persons filing Secretary. comments in opposition to the project [FR Doc. 03–9091 Filed 4–11–03; 8:45 am] Federal Energy Regulatory Commission provide copies of their protests only to BILLING CODE 6717–01–P the party or parties directly involved in [Docket No. CP03–75–000] the protest. Persons who wish to comment only DEPARTMENT OF ENERGY Freeport LNG Development, L.P.; on the environmental review of this Notice of Application project should submit an original and Federal Energy Regulatory two copies of their comments to the Commission April 7, 2003. Take notice that on March 28, 2003, Secretary of the Commission. [Docket No. RP99–485–004] Environmental commenters will be Freeport LNG Development, L.P., placed on the Commission’s Enbridge Pipelines (KPC); Notice of (Freeport LNG), 1200 Smith Street, Suite environmental mailing list, will receive Compliance Filing 600, Houston, Texas 77002, filed an copies of the environmental documents, application pursuant to section 3 of the and will be notified of meetings April 7, 2003. Natural Gas Act (NGA) and parts 153 associated with the Commission’s Take notice that on April 2, 2003, and 380 of the Commission’s regulations environmental review process. Enbridge Pipelines (KPC) (KPC) for authorization to site, construct and Environmental commenters will not be tendered for filing revised tariff sheets operate a liquefied natural gas (LNG) required to serve copies of filed listed on Appendix A which are to be receiving terminal and associated documents on all other parties. included in its FERC gas Tariff, First facilities in the Freeport, Texas area as However, the non-party commenters Revised Volume No. 1. KPC requests a place of entry for the importation of will not receive copies of all documents that these tariff sheets be made effective LNG, all as more fully set forth in the filed by other parties or issued by the April 1, 2003. application on file with the Commission Commission (except for the mailing of KPC states that the purpose of the and open to public inspection. This environmental documents issued by the filing is to comply with the filing is available for review at the Commission) and will not have the right Commission’s Order on Rehearing Commission or may be viewed on the to seek court review of the issued on March 19, 2003, wherein the Commission’s Web site at http:// Commission’s final order. Commission ordered KPC to reduce its www.ferc.gov using the ‘‘FERRIS’’ link. The Commission may issue a cost of long-term debt from 8.64% to Enter the docket number excluding the preliminary determination on non- 8.45%. last three digits in the docket number environmental issues prior to the Any person desiring to protest said field to access the document. For completion of its review of the filing should file a protest with the assistance, please contact FERC Online environmental aspects of the project. Federal Energy Regulatory Commission, Support at This preliminary determination 888 First Street, NE., Washington, DC [email protected] or toll- typically considers such issues as the 20426, in accordance with Section free at (866)208–3676, or for TTY, need for the project and its economic 385.211 of the Commission’s rules and contact (202)502–8659. effect on existing customers of the regulations. All such protests must be Freeport LNG states that it proposes to applicant, on other pipelines in the area, filed in accordance with section 154.210 construct the Freeport LNG Terminal in and on landowners and communities. of the Commission’s regulations. response to the growing demand for For example, the Commission considers Protests will be considered by the natural gas in Texas intrastate markets. the extent to which the applicant may Commission in determining the Freeport LNG explains that the Freeport need to exercise eminent domain to appropriate action to be taken, but will LNG Terminal will be comprised of an obtain rights-of-way for the proposed not serve to make protestants parties to LNG receiving facility (including project and balances that against the the proceedings. This filing is available docking facilities and associated piping non-environmental benefits to be for review at the Commission in the appurtenances); an LNG storage and provided by the project. Therefore, if a Public Reference Room or may be vaporization facility (including two person has comments on community viewed on the Commission’s Web site at LNG storage tanks, vaporization units and landowner impacts from this http://www.ferc.gov using the ‘‘FERRIS’’ and associated piping and control
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equipment; and 9.38 miles of 36-inch Commission and will receive copies of and landowner impacts from this diameter send out pipeline as well as all documents filed by the applicant and proposal, it is important either to file metering facilities and associated by all other parties. A party must submit comments or to intervene as early in the appurtenances. 14 copies of filings made in the process as possible. Freeport LNG states that the Freeport proceeding. with the Commission and Protests and interventions may be LNG Terminal will be located on must mail a copy to the applicant and filed electronically via the Internet in Quintana Island, southeast of Freeport, to every other party. Only parties to the lieu of paper; see 18 CFR Brazoria County, Texas. Freeport LNG proceeding can ask for court review of 385.2001(a)(1)(iii) and the instructions avers that the Freeport LNG Terminal Commission orders in the proceeding. on the Commission’s Web site under the will not be used to provide However, a person does not have to ‘‘e-Filing’’ link. The Commission jurisdictional interstate transportation intervene in order to have comments strongly encourages electronic filings. service. Freeport LNG states that the considered. The second way to If the Commission decides to set the facilities will instead be used to engage participate is by filing with the application for a formal hearing before in commerce between the State of Texas Secretary of the Commission, as soon as an Administrative Law Judge, the and foreign nations. Freeport LNG possible, an original and two copies of Commission will issue another notice maintains that since it does not intend comments in support of or in opposition describing that process. At the end of to use the proposed facilities to import to this project. The Commission will the Commission’s review process, a LNG on its own behalf, but rather, to consider these comments in final Commission order approving or provide terminal services to third determining the appropriate action to be denying the section 3 authorization will parties, shippers utilizing the Freeport taken, but the filing of a comment alone be issued. LNG facilities will be required to obtain will not serve to make the filer a party Comment Date: April 29, 2003. authorization from the Department of to the proceeding. The Commission’s Energy/Office of Fossil Energy for the rules require that persons filing Magalie R. Salas, import of natural gas. comments in opposition to the project Secretary. Freeport LNG states that LNG will be provide copies of their protests only to [FR Doc. 03–9092 Filed 4–11–03; 8:45 am] transported through a send out pipeline the party or parties directly involved in BILLING CODE 6717–01–P from Quintana Island to the Stratton the protest. Ridge meter station, which will serve as Persons who wish to comment only the terminus of the Freeport LNG on the environmental review of this DEPARTMENT OF ENERGY Termination. Freeport LNG states that project should submit an original and interconnection facilities will be two copies of their comments to the Federal Energy Regulatory constructed between the Stratton Ridge Secretary of the Commission. Commission meter station and certain intrastate Environmental commenters will be [Docket No. EL03–115–000] systems with facilities in close placed on the Commission’s proximity to the Stratton Ridge meter environmental mailing list, will receive Neptune Regional Transmission station in order to connect the report copies of the environmental documents, System, LLC, Complainant v. Reliant LNG terminal with Texas markets. and will be notified of meetings Energy New Jersey Holdings, LLC, and Freeport LNG states that the associated with the Commission’s Reliant Resources, Inc., Respondents; interconnection facilities will be environmental review process. Notice of Complaint constructed by the respective intrastate Environmental commenters will not be pipelines. In addition, Freeport LNG required to serve copies of filed April 8, 2003. states that the Freeport LNG Terminal is documents on all other parties. Take notice that on April 4, 2003, anticipated to be completed and placed However, the non-party commenters Neptune Regional Transmission in service in time to meet natural gas will not receive copies of all documents System, LLC (NeptuneRTS(TM)) demand during the 2006–2007 winter filed by other parties or issued by the tendered for filing a Complaint pursuant heating season. Commission (except for the mailing of to Sections 201, 202, 203, 210, and 306 Any questions regarding this environmental documents issued by the of the Federal Power Act against Reliant application should be directed to Lisa M Commission) and will not have the right Energy New Jersey Holdings, LLC and Tonery, King & Spalding LLP, 1185 to seek court review of the Reliant Resources, Inc. (Reliant). The Avenue of the Americas, New York, Commission’s final order. Complaint asks the Commission to grant New York 10036–4003, at (212) 556– The Commission may issue a the request of NeptuneRTST for fast 2100, fax (212) 556–2222. preliminary determination on non- track processing and seeks an order There are two ways to become environmental issues prior to the directing Reliant to execute, within 7 involved in the Commission’s review of completion of its review of the days of the Order, certain agreements this project. First, any person wishing to environmental aspects of the project. relating to access to jurisdictional obtain legal status by becoming a party This preliminary determination transmission assets located on property to the proceedings for this project typically considers such issues as the owned by Reliant. The complaint should, on or before the comment date need for the project and its economic alleges that Reliant is exercising its stated below file with the Federal effect on existing customers of the control over easements to preclude Energy Regulatory Commission, 888 applicant, on other pipelines in the area, competitors from accessing the First Street, NE., Washington, DC 20426, and on landowners and communities. transmission system. Among other a motion to intervene in accordance For example, the Commission considers things, the complaint raises the issue of with the requirements of the the extent to which the applicant may what entity has jurisdiction to order Commission’s rules of practice and need to exercise eminent domain to access to Reliant’s property. procedure (18 CFR 385.214 or 385.211) obtain rights-of-way for the proposed NeptuneRTS(TM) states that copies of and the regulations under the NGA (18 project and balances that against the the filing were served upon Reliant; CFR 157.10). A person obtaining party non-environmental benefits to be FirstEnergy Corp.; Pennsylvania-Jersey- status will be placed on the service list provided by the project. Therefore, if a Maryland Interconnection, LLC; maintained by the Secretary of the person has comments on community Consolidated Edison Company of New
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York, Inc.; the New Jersey Board of Revised Sheet No. 20, and Original market-based rates. Quonset also Public Utilities; the New Jersey Sheet No. 2, with an effective date of requested waiver of various Commission Department of Environmental April 1, 2003. regulations. In particular, Quonset Protection; and the New York GTN states that these sheets are being requested that the Commission grant Department of Public Service. filed to reflect the implementation of blanket approval under 18 CFR part 34 Any person desiring to be heard or to three Negotiated Rate Agreements and of all future issuances of securities and protest this filing should file with the the removal of three Negotiated Rate assumptions of liability by Quonset. Federal Energy Regulatory Commission, Agreements that have expired. On April 2, 2003, pursuant to 888 First Street, NE., Washington, DC GTN further states that a copy of this delegated authority, the Director, 20426, in accordance with Rules 211 filing has been served on GTN’s Division of Tariffs and Market and 214 of the Commission’s Rules of jurisdictional customers and interested Development—South, granted the Practice and Procedure (18 CFR 385.211 state regulatory agencies. request for blanket approval under part and 385.214). Protests will be Any person desiring to be heard or to 34, subject to the following: considered by the Commission in protest said filing should file a motion Any person desiring to be heard or to determining the appropriate action to be to intervene or a protest with the protest the blanket approval of taken, but will not serve to make Federal Energy Regulatory Commission, issuances of securities or assumptions of protestants parties to the proceeding. 888 First Street, NE., Washington, DC liability by Quonset should file a motion Any person wishing to become a party 20426, in accordance with sections to intervene or protest with the Federal must file a motion to intervene. The 385.314 or 385.211 of the Commission’s Energy Regulatory Commission, 888 answer to the complaint and all rules and regulations. All such motions First Street, NE., Washington, DC 20426, comments, interventions or protests or protests must be filed in accordance in accordance with rules 211 and 214 of must be filed on or before comment with section 154.210 of the the Commission’s rules of practice and date. This filing is available for review Commission’s regulations. Protests will procedure (18 CFR 385.211 and at the Commission in the Public be considered by the Commission in 385.214). Reference Room or may be viewed on determining the appropriate action to be Notice is hereby given that the the Commission’s Web site at http:// taken, but will not serve to make deadline for filing motions to intervene www.ferc.gov using the ‘‘FERRIS’’ link. protestants parties to the proceedings. or protests, as set forth above, is May 2, Enter the docket number excluding Any person wishing to become a party 2003. the last three digits in the docket must file a motion to intervene. This Absent a request to be heard in number field to access the document. filing is available for review at the opposition by the deadline above, For assistance, please contact FERC Commission in the Public Reference Quonset are authorized to issue Online Support at Room or may be viewed on the securities and assume obligations or [email protected] or toll- Commission’s Web site at http:// liabilities as a guarantor, indorser, free at (866) 208–3676, or for TTY, www.ferc.gov using the ‘‘FERRIS’’ link. surety, or otherwise in respect of any contact (202) 502–8659. The answer to Enter the docket number excluding the security of another person; provided the complaint, comments, protests and last three digits in the docket number that such issuance or assumption is for interventions may be filed electronically field to access the document. For some lawful object within the corporate via the Internet in lieu of paper; see 18 assistance, please contact FERC Online purposes of Quonset, compatible with CFR 385.2001(a)(1)(iii) and the Support at the public interest, and is reasonably instructions on the Commission’s web [email protected] or toll- necessary or appropriate for such site under the ‘‘e-Filing’’ link. The free at (866) 208–3676, or TTY, contact purposes. Commission strongly encourages (202) 502–8659. The Commission The Commission reserves the right to electronic filings. strongly encourages electronic filings. require a further showing that neither Comment Date: April 23, 2003. See 18 CFR 385.2001(a)(1)(iii) and the public nor private interests will be instructions on the Commission’s web adversely affected by continued Magalie R. Salas, site under the ‘‘e-Filing’’ link. approval of Quonset’s issuances of Secretary. Comment Date: April 14, 2003. securities or assumptions of liability. [FR Doc. 03–9106 Filed 4–11–03; 8:45 am] Copies of the full text of the Order are BILLING CODE 6717–01–P Magalie R. Salas, available from the Commission’s Public Secretary. Reference Branch, 888 First Street, NE., [FR Doc. 03–9104 Filed 4–11–03; 8:45 am] Washington, DC 20426. The Order may DEPARTMENT OF ENERGY BILLING CODE 6717–01–P also be viewed on the Commission’s Web site at http://www.ferc.gov , using Federal Energy Regulatory the ‘‘FERRIS’’ link. Enter the docket Commission DEPARTMENT OF ENERGY number excluding the last three digits in [Docket No. RP99–518–037] the docket number filed to access the Federal Energy Regulatory document. Comments, protests, and PG&E Gas Transmission, Northwest Commission interventions may be filed electronically Corporation; Notice of Negotiated [Docket Nos. ER03–305–000] via the internet in lieu of paper. See 18 Rates CFR 385.2001(a)(1)(iii) and the Quonset Point Cogen, L.P.; Notice of instructions on the Commission’s Web April 7, 2003. Issuance of Order site under the ‘‘e-Filing’’ link. The Take notice that on April 1, 2003, Commission strongly encourages PG&E Gas Transmission, Northwest April 7, 2003. electronic filings. Corporation (GTN) tendered for filing to Quonset Point Cogen, L.P. (Quonset) be part of its FERC Gas Tariff, Second filed an application for market-based Magalie R. Salas, Revised Volume No. 1-A., Sixth Revised rate authority, with an accompanying Secretary. Sheet No. 15, Second Revised Sheet No. tariff. The proposed tariff provides for [FR Doc. 03–9094 Filed 4–11–03; 8:45 am] 18, Third Revised Sheet No. 19, Second the sale of capacity and energy at BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY Comment Date: April 22, 2003. Thereafter, on March 26, 2003, the Commission released the remaining Magalie R. Salas, Federal Energy Regulatory information. 102 FERC ¿ 61,311. Commission Secretary. Subsequent to the release of the [FR Doc. 03–9093 Filed 4–11–03; 8:45 am] information, on March 28, 2003, the [Docket No. EL03–116–000] BILLING CODE 6717–01–P Commission received the first of several motions from Enron asking that certain Reliant Energy Mid-Atlantic Power parts of the released information be DEPARTMENT OF ENERGY Holdings, LLC, Complainant, v. PJM removed from public access. These motions in particular attempted to Interconnection, L.L.C., Respondent; Federal Energy Regulatory Notice of Complaint identify Enron employees’ personal Commission information, including social security April 7, 2003. [Docket Nos. PA02–2–000, EL00–95–048, numbers. The Commission also received EL00–98–042, and EL01–10–007] Take notice that on April 2, 2003, calls on its Enforcement Hotline from Enron employees who were concerned Reliant Energy Mid-Atlantic Fact Finding Investigation of Potential about their personal information being Power Holdings, LLC (Reliant) Manipulation of Electric and Natural available on the internet. Finally, the tendered for filing a complaint pursuant Gas Prices, San Diego Gas & Electric Commission was contacted by a to section 206 of the Federal Power Act Company, Complainant, v. Sellers of consulting firm which had given Enron against PJM Interconnection, L.L.C. Energy and Ancillary Services Into information with security implications, (PJM) complaining that the price caps Markets Operated by the California which Enron in turn had given the on certain of its generation facilities in Independent System Operator and the Commission’s staff during the the PJM operating area subject to California Power Exchange, investigation. As quickly as possible, chronic transmission constraints were Respondents; Investigation of the Commission staff accommodated the not just and reasonable and requesting Practices of the California Independent requests involving personal and security approval of a Formula Price Cap System Operator and the California related information. Mitigation Proposal (Proposal) Power Exchange Puget Sound Energy, On April 4, 2003, the Commission applicable to those facilities. Reliant Inc., et al., Complainant, v. All was notified that Enron had filed a requested that the proposal be accepted Jurisdictional Sellers of Energy and/or petition for writ of mandamus and an by May 30, 2003. Capacity at Wholesale Into Electric emergency motion to stay the March 21, Energy and/or Capacity Markets in the Any person desiring to be heard or to 2003, order in the United States Court Pacific Northwest, Including Parties to protest this filing should file with the of Appeals for the Fifth Circuit. Enron the Western Systems Power Pool Federal Energy Regulatory Commission, states that it seeks only one thing: that Agreement, Respondent (Not 888 First Street, NE., Washington, DC all Enron e-mails posted on the Consolidated); Notice Regarding 20426, in accordance with rules 211 and Commission’s Web site be removed for Public Accessibility of Data and 214 of the Commission’s rules of a period of 10 days, or for such longer Further Requests for Comments practice and procedure (18 CFR 385.211 period as the Court may deem appropriate, so that certain information and 385.214). Protests will be April 7, 2003. considered by the Commission in could be removed from the e-mails. On March 5, 2003, the Commission The Commission hereby gives notice determining the appropriate action to be issued a notice that it intended to that it will remove temporarily, until taken, but will not serve to make release to the public information April 24, 2003, Enron emails from the protestants parties to the proceeding. collected in its investigation into agency’s web site. During that time, the Any person wishing to become a party manipulation of energy prices in the Commission will consider any requests must file a motion to intervene. The West, and sought, by March 12, 2003, that certain personal information or answer to the complaint and all comments from those companies and information with security implications comments, interventions or protests individuals who submitted information be permanently removed from public must be filed on or before the comment during the course of the investigation. accessibility. With respect to claims date. This filing is available for review Eighteen companies or organizations, as regarding supposed trade secrets, the at the Commission in the Public well as the United States Attorney for Commission has already considered and Reference Room or may be viewed on the Southern District of Texas, filed denied requests that such information the Commission’s Web site at http:// comments or otherwise responded. should be removed. www.ferc.gov using the ‘‘FERRIS’’ link. Enron Corporation was not among those The Commission stresses that all Enter the docket number excluding the respondents. On March 21, 2003, the comments filed in response to this last three digits in the docket number Commission issued an order addressing notice must be detailed and specific, field to access the document. For the comments and responses to its and should provide sufficient assistance, please contact FERC Online March 12, 2003, notice, and further information that the documents can be Support at announced that it would release the readily located. Generalized comments [email protected] or toll- information, except as noted in the or concerns will not be considered free at (866) 208–3676, or for TTY, order, in no less than five days after sufficient grounds for removal of contact (202) 502–8659. The answer to issuance of the order. One exception to information from public accessability. the complaint, comments, protests and the release was personal personnel All comments must be filed by April 17, interventions may be filed electronically information that was raised by three of 2003. via the Internet in lieu of paper; see 18 the commenters. In this regard, the Comments due: April 17, 2003. CFR 385.2001(a)(1)(iii) and the Commission asked that companies or instructions on the Commission’s Web individuals provide specifics by March Magalie R. Salas, site under the ‘‘e-Filing’’ link. The 24, 2003, so that such information could Secretary. Commission strongly encourages be excluded from the public release. [FR Doc. 03–9096 Filed 4–11–03; 8:45 am] electronic filings. One company provided such details. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY (202) 502–8659. The Commission filing is available for review at the strongly encourages electronic filings. Commission in the Public Reference Federal Energy Regulatory See 18 CFR 385.2001(a)(1)(iii) and the Room or may be viewed on the Commission instructions on the Commission’s Web Commission’s Web site at http:// [Docket No. RP03–324–000] site under the ‘‘e-Filing’’ link. www.ferc.gov using the ‘‘FERRIS’’ link. Comment Date: April 14, 2003. Enter the docket number excluding the last three digits in the docket number Southern Star Central Gas Pipeline, Magalie R. Salas, Inc.; Notice of Tariff Filing field to access the document. For Secretary. assistance, please contact FERC Online April 3, 2003. [FR Doc. 03–9098 Filed 4–11–03; 8:45 am] Support at Take notice that on March 31, 2003, BILLING CODE 6717–01–P [email protected] or toll- Southern Star Central Gas Pipeline, Inc. free at (866) 208–3676, or TTY, contact (Southern Star) tendered for filing as (202) 502–8659. The Commission DEPARTMENT OF ENERGY part of its FERC Gas Tariff, Original strongly encourages electronic filings. Volume No.1, Original Sheet No. 0 See 18 CFR 385.2001(a)(1)(iii) and the through Original Sheet No. 514, to Federal Energy Regulatory Commission instructions on the Commission’s Web become effective April 30, 2003. site under the ‘‘e-Filing’’ link. Southern Star states that the purpose [Docket No. RP96–312–120] Comment Date: April 14, 2003. of this filing is to restate Southern Star’s FERC Gas Tariff, Original Volume No. 1 Tennessee Gas Pipeline Company; Magalie R. Salas, to reflect its name change to Southern Notice of Negotiated Rates Secretary. Star Central Gas Pipeline, LLC rather [FR Doc. 03–9101 Filed 4–11–03; 8:45 am] April 7, 2003. than Williams Gas Pipelines Central, BILLING CODE 6717–01–P Inc. as currently on file with the Take notice that on March 31, 2003, Commission. Southern Star states that Tennessee Gas Pipeline Company the instant filing reflects the change to (Tennessee), tendered for filing: (1) A DEPARTMENT OF ENERGY Southern Star, the repagination of tariff Gas Transportation Agreement between sheets and minor modifications to the Tennessee and BP Energy Company Federal Energy Regulatory text of various tariff sheets to reflect the (BP), dated January 1, 2003; (2) a Firm Commission repagination. Southern Star also states Transportation Negotiated Rate Letter that the instant filing makes no changes Agreement between Tennessee and BP, [Docket No. CP03–72–000] to the Rates, Rate Schedules, General dated January 8, 2003; (3) a Gas Terms and Conditions or Form of Transportation Agreement between Transcontinental Gas Pipe Line Service Agreements. Tennessee and Consolidated Edison Corporation; Notice of Application Southern Star further states that Energy, Inc. (CON ED), dated September copies of the transmittal letter and 5, 2002; and (4) a Firm Transportation April 8, 2003. appendices (excluding Appendix C) are Negotiated Rate Letter Agreement Take notice that on March 27, 2003, being mailed to Southern Star’s between Tennessee and CON ED, dated Transcontinental Gas Pipe Line jurisdictional customers and interested February 11, 2003. The filed agreements Corporation (Transco), filed in Docket state commissions. represent negotiated rate arrangements No. CP03–72–000, an application, in Any person desiring to be heard or to between Tennessee and BP, and abbreviated form, pursuant to Section protest said filing should file a motion Tennessee and CON ED, for which 7(b) of the Natural Gas Act, as amended, to intervene or a protest with the Tennessee is requesting Commission and the Rules and Regulations of the Federal Energy Regulatory Commission, approval, effective May 1, 2003. In Federal Energy Regulatory Commission 888 First Street, NE., Washington, DC addition, Tennessee states that the (Commission), for an order permitting 20426, in accordance with sections negotiated rate arrangements are being and approving abandonment of certain 385.314 or 385.211 of the Commission’s filed in compliance the Commission’s firm sales service provided to Virginia rules and regulations. All such motions ‘‘Order Issuing the Certificates and Natural Gas, Inc. (VNG) under Transco’s or protests must be filed in accordance Approving Abandonments’’ issued on Rate Schedule FS, as more fully set forth with section 154.210 of the June 28, 2002, in Docket Nos. CP02–46 in the application which is on file with Commission’s regulations. Protests will and CP02–47. Dominion Transmission, the Commission and open to public be considered by the Commission in Inc., et al., 99 FERC • 61,367 (2002). inspection. determining the appropriate action to be Any person desiring to be heard or to In such application, Transco states taken, but will not serve to make protest said filing should file a motion that it entered into a firm sales protestants parties to the proceedings. to intervene or a protest with the agreement with United Cities Gas Any person wishing to become a party Federal Energy Regulatory Commission, Company, South Carolina Division, on must file a motion to intervene. This 888 First Street, NE., Washington, DC August 1, 1991, under which Transco filing is available for review at the 20426, in accordance with sections sells gas to VNG, successor to United Commission in the Public Reference 385.314 or 385.211 of the Commission’s Cities Gas Company, under Rate Room or may be viewed on the rules and regulations. All such motions Schedule FS, with Buyer’s Daily Sales Commission’s Web site at http:// or protests must be filed in accordance Entitlement amount listed on Exhibit www.ferc.gov using the ‘‘FERRIS’’ link. with section 154.210 of the ‘‘A’’ to the agreement (FS Agreement). Enter the docket number excluding the Commission’s regulations. Protests will In accordance with Paragraph 1 of last three digits in the docket number be considered by the Commission in Article IV of the FS Agreement, Transco field to access the document. For determining the appropriate action to be delivers gas to VNG at various upstream assistance, please contact FERC Online taken, but will not serve to make points of delivery. Transco acts as agent Support at protestants parties to the proceedings. for Piedmont for the purpose of [email protected] or toll- Any person wishing to become a party arranging for the transportation of gas free at (866) 208–3676, or TTY, contact must file a motion to intervene. This purchased from the points of delivery to
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the points of redelivery identified in the substitution therefore of place holder 8, 2001, requesting the Commission’s FS Agreement. tariff sheets. These tariff sheets authorization to amend the project In the instant application, Transco summarize negotiated rate transactions license. An environmental assessment seeks authorization to abandon the FS that have terminated. Vector requests an (EA) is available for public review. The Agreement to VNG, effective April 1, effective date of April 1, 2003, for the EA analyzes the environmental impacts 2004, pursuant to Piedmont’s election to withdrawal. Vector further requests a of approving Alabama Power terminate its FS Agreement. waiver of the 30-day notice period so Company’s (licensee for the Yates/ Transco states that the Primary Term that the proposed place holder tariff Thurlow Project, FERC No. 2407) of the FS Agreement ended on March sheets can go into effect on April 1, request to amend the project license to 31, 2001. By letter dated March 6, 2002, 2003. increase the generation capacity and VNG provided Transco with a two-year Any person desiring to be heard or to hydraulic capacity to the as-built notice to terminate the subject FS protest said filing should file a motion capacities. Agreement as of April 1, 2004. to intervene or a protest with the A copy of the EA is available for Any person desiring to be heard or to Federal Energy Regulatory Commission, review at the Commission or may be protest said filing should file a motion 888 First Street, NE., Washington, DC viewed on the Commission’s Web site at to intervene or a protest with the 20426, in accordance with sections http://www.ferc.gov, using the Federal Energy Regulatory Commission, 385.314 or 385.211 of the Commission’s ‘‘FERRIS’’ link. Enter the docket number 888 First Street, NE., Washington, DC rules and regulations. All such motions excluding the last three digits in the 20426, in accordance with Sections or protests must be filed in accordance docket number filed to access the 385.314 or 385.211 of the Commission’s with section 154.210 of the document. For assistance, contact FERC Rules and Regulations. All such motions Commission’s regulations. Protests will Online Support at or protests must be filed on or before the be considered by the Commission in [email protected] or toll- comment date. Protests will be determining the appropriate action to be free at (866) 208–3676, or for TTY, considered by the Commission in taken, but will not serve to make contact (202) 502–8659. determining the appropriate action to be protestants parties to the proceedings. Anyone may file comments on the taken, but will not serve to make Any person wishing to become a party EA. The public, Federal and State protestants parties to the proceedings. must file a motion to intervene. This resource agencies are encouraged to Any person wishing to become a party filing is available for review at the provide comments. All written must file a motion to intervene. This Commission in the Public Reference comments must be filed within 45 days filing is available for review at the Room or may be viewed on the of the issuance date of this notice shown Commission in the Public Reference Commission’s Web site at http:// above. Send an original and eight copies Room or may be viewed on the www.ferc.gov using the ‘‘FERRIS’’ link. of all comments marked with the docket Commission’s Web site at http:// Enter the docket number excluding the number P–2407–060 to: The Secretary, www.ferc.gov using the ‘‘FERRIS’’ link. last three digits in the docket number Federal Energy Regulatory Commission, Enter the docket number excluding the field to access the document. For 888 First Street, NE., Washington, DC last three digits in the docket number assistance, please contact FERC Online 20426. If you have any questions field to access the document. For Support at regarding this notice, please contact assistance, please contact FERC Online [email protected] or toll- Sean Murphy at telephone: (202) 502– Support at free at (866) 208–3676, or TTY, contact 6145 or email: [email protected]. [email protected] or toll- (202) 502–8659. The Commission Magalie R. Salas, free at (866) 208–3676, or TTY, contact strongly encourages electronic filings. (202) 502–8659. The Commission See 18 CFR 385.2001(a)(1)(iii) and the Secretary. strongly encourages electronic filings. instructions on the Commission’s Web [FR Doc. 03–9095 Filed 4–11–03; 8:45 am] See 18 CFR 385.2001(a)(1)(iii) and the site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P instructions on the Commission’s Web Comment Date: April 14, 2003. site under the ‘‘e-Filing’’ link. Magalie R. Salas, Comment Date: April 28, 2003. DEPARTMENT OF ENERGY Secretary. Magalie R. Salas, [FR Doc. 03–9099 Filed 4–11–03; 8:45 am] Federal Energy Regulatory Secretary. BILLING CODE 6717–01–P Commission [FR Doc. 03–9105 Filed 4–11–03; 8:45 am] [Docket No. CP03–13–000] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Northwest Pipeline Corporation; Notice of Availability of the Environmental DEPARTMENT OF ENERGY Federal Energy Regulatory Assessment for the Proposed Commission Clackamas River Project Federal Energy Regulatory [Project Nos. 2407–060] Commission April 7, 2003. The staff of the Federal Energy [Docket No. RP03–331–000] Alabama Power Company; Notice of Availability of Environmental Regulatory Commission (FERC or Vector Pipeline L.P.; Notice of Assessment Commission) has prepared an Proposed Withdrawal of Tariff Sheets environmental assessment (EA) on the April 7, 2003. natural gas pipeline facilities proposed April 7, 2003. In accordance with the National to be abandoned by Northwest Pipeline Take notice that on April 1, 2003, Environmental Policy Act of 1969 and Corporation (Northwest) in the above- Vector Pipeline L.P. (Vector), gave the Federal Energy Regulatory referenced docket. notice of the withdrawal of Original Commission’s (Commission’s) The EA was prepared to satisfy the Sheet Nos. 173 and 174 of its FERC Gas regulations, the Office of Energy Projects requirements of the National Tariff, Volume No. 1 and the has reviewed the application filed June Environmental Policy Act. The staff
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concludes that approval of the proposed become a party to the proceeding must of exempt and prohibited off-the-record project, with appropriate mitigating file a motion to intervene pursuant to communications. measures, would not constitute a major rule 214 of the Commission’s rules of Order No. 607 (64 FR 51222, Federal action significantly affecting the practice and procedures (18 CFR September 22, 1999) requires quality of the human environment. 385.214). Only intervenors have the Commission decisional employees, who The EA assesses the potential right to seek rehearing of the make or receive an exempt or a environmental effects of: Commission’s decision. • Abandoning in place a 5,850-foot- Affected landowners and parties with prohibited off-the-record long segment of pipeline on the north environmental concerns may be granted communication relevant to the merits of side of Clackamas River; intervenor status upon showing good a contested on-the-record proceeding, to • Abandoning by removal a 370-foot- cause by stating that they have a clear deliver a copy of the communication, if long segment of pipeline in the and direct interest in this proceeding written, or a summary of the substance Clackamas River. No disturbance of which would not be adequately of any oral communication, to the Northwest’s parallel 20-inch-diameter represented by any other parties. You do Secretary. loop is required; not need intervenor status to have your Prohibited communications will be • Abandoning in place a 1,267-foot- comments considered. included in a public, non-decisional file long segment of pipeline on the south The EA has been placed in the public associated with, but not part of, the side of the Clackamas River; and files of the FERC. A limited number of decisional record of the proceeding. • Constructing and operating a copies of the EA are available for Unless the Commission determines that temporary pig launching facility within distribution and public inspection at: the prohibited communication and any the existing fenced-in yard of the Federal Energy Regulatory Commission, responses thereto should become part of Southeast Portland Meter Station and a Public Reference and Files Maintenance the decisional record, the prohibited off- temporary pig receiving facility just Branch, 888 First Street, NE., Room 2A, north of the Oregon City Compressor the-record communication will not be Washington, DC 20426, (202) 502–8371. considered by the Commission in Station. Copies of the EA have been mailed to reaching its decision. Parties to a The purpose of the proposed project Federal, State and local agencies, public proceeding may seek the opportunity to is to remove a hazard (an exposed interest groups, interested individuals, pipeline) from the Clackamas River. newspapers, and parties to this respond to any facts or contentions Any person wishing to comment on proceeding. made in a prohibited off-the-record the EA may do so. To ensure Additional information about the communication, and may request that consideration prior to a Commission project is available from the the Commission place the prohibited decision on the proposal, it is important Commission’s Office of External Affairs, communication and responses thereto that we receive your comments before at 1–866–208-FERC or on the FERC in the decisional record. The the date specified below. Please Internet Web site (http://www.ferc.gov) Commission will grant such requests carefully follow these instructions to using the FERRIS link. Click on the only when it determines that fairness so ensure that your comments are received FERRIS link, enter the docket number requires. Any person identified below as in time and properly recorded: excluding the last three digits in the having made a prohibited off-the-record • Send two copies of your comments Docket Number field. Be sure you have communication should serve the to: Secretary, Federal Energy Regulatory selected an appropriate date range. For document on all parties listed on the Commission, 888 First St., NE., Room assistance, contact FERC Online official service list for the applicable 1A, Washington, DC 20426; • Support at proceeding in accordance with rule Label one copy of the comments for [email protected] or toll- 2010, 18 CFR 385.2010. the attention of the Gas free at (866) 208–3676, or for TTY, Exempt off-the-record Branch 2, PJ11.2; contact (202)5 02–8659. The FERRIS • Reference Docket No. CP03–013– communications will be included in the link on the FERC Internet website also 000; and decisional record of the proceeding, provides access to the texts of formal • Mail your comments so that they unless the communication was with a documents issued by the Commission, will be received in Washington, DC on cooperating agency as described by 40 such as orders, notices, and or before May 5, 2003. CFR 1501.6, made under 18 CFR rulemakings. Please note that we are continuing to 385.2201(e)(1)(v). experience delays in mail deliveries Magalie R. Salas, The following is a list of prohibited from the U.S. Postal Service. The Secretary. and exempt communications recently Commission strongly encourages [FR Doc. 03–9090 Filed 4–11–03; 8:45 am] electronic filing of any comments or received in the Office of the Secretary. BILLING CODE 6717–01–P interventions or protests to this The communications listed are grouped proceeding. See 18 CFR by docket numbers. These filings are available for review at the Commission 385.2001(a)(1)(iii) and the instructions DEPARTMENT OF ENERGY on the Commission’s Web site at http:/ in the Public Reference Room or may be /www.ferc.gov under the ‘‘e-Filing’’ link Federal Energy Regulatory viewed on the Commission’s Web site at and the link to the User’s Guide. Before Commission http://www.ferc.gov using the ‘‘FERRIS’’ you can file comments you will need to link. Enter the docket number excluding [Docket No. RM98–1–000] create a free account which can be the last three digits in the docket created by clicking on ‘‘Login to File’’ Regulations Governing Off-the-Record number field to access the document. and then ‘‘New User Account.’’ Communications; Public Notice For assistance, please contact FERC Comments will be considered by the Online Support at Commission but will not serve to make April 7, 2003. [email protected] or toll- the commentor a party to the This constitutes notice, in accordance free at (866) 208–3676, or for TTY, proceeding. Any person seeking to with 18 CFR 385.2201(h), of the receipt contact (202) 502–8659.
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Docket number Date filed Presenter or requester
Prohibited: CP02–396–000 ...... 4–4–03 Retha Warren 2. CP02–396–000 ...... 4–4–03 Retha Warren Exempt: 1. Project No. 5018–004 ...... 4–3–03 Shannon Dunn/Stephen Kulik 2. Project No. 5018–004 ...... 4–3–03 Shannon Dunn/Scott Ryan
Magalie R. Salas, Federal Holidays, from 9 a.m. to 5:30 4:30 p.m., Monday through Friday, Secretary. p.m. excluding legal holidays. The telephone [FR Doc. 03–9097 Filed 4–11–03; 8:45 am] SUPPLEMENTARY INFORMATION: number for the Public Reading Room is BILLING CODE 6717–01–P (202) 566–1744, and the telephone I. General Information number for the Office of Water Docket A. Does This Action Apply to Me? is (202) 566–2426. 2. Electronic Access. You may access ENVIRONMENTAL PROTECTION You may be potentially affected by this Federal Register document AGENCY this action if you are a public water electronically through the EPA Internet system. Public water systems are those under the Federal Register listings at [FRL–7482–9] systems that provide piped water for http://www.epa.gov/fedrgstr/. human consumption to at least 15 Agency Information Collection An electronic version of the public service connections or serve an average docket is available through EPA’s Activities: Proposed Collection; of at least 25 people for at least 60 days Comment Request; Drinking Water electronic public docket and comment each year. Therefore, respondents will system, EPA Dockets. You may use EPA Regulations Compliance and Cost be both traditional water systems as Retrospective Survey Dockets at http://www.epa.gov/edocket/ well as water suppliers that do not to submit or view public comments, AGENCY: Environmental Protection supply water as their primary business. access the index listing of the contents Agency. Potentially affected categories and of the official public docket, and to entities may include, but are not limited ACTION: Notice. access those documents in the public to: docket that are available electronically. SUMMARY: In compliance with the Once in the system, select ‘‘search,’’ Paperwork Reduction Act (44 U.S.C. NAICS then key in the appropriate docket Type of business code 3501 et seq.), this notice announces that identification number. the Environmental Protection Agency Investor-Owned Water Systems ...... 22131 Certain types of information will not (EPA) is planning to submit the Publicly Owned Water Systems ...... 92411 be placed in the EPA Dockets. following proposed Information Information claimed as CBI and other Collection Request (ICR) to the Office of This table lists the types of entities information whose disclosure is Management and Budget (OMB): that EPA is now aware of that could restricted by statute, which is not Drinking Water Regulations Compliance potentially be affected. Other types of included in the official public docket, and Cost Retrospective Survey (EPA ICR entities not listed in this table could will not be available for public viewing No. 2101.01). Before submitting the ICR also be affected. If you have questions in EPA’s electronic public docket. EPA’s to OMB for review and approval, EPA regarding the applicability of this action policy is that copyrighted material will is soliciting comments on specific to a particular entity, consult one of the not be placed in EPA’s electronic public aspects of the proposed information persons listed in the preceding FOR docket but will be available only in collection as described as follows. FURTHER INFORMATION CONTACT section. printed, paper form in the official public docket. Although not all docket DATES: Comments must be submitted on B. How Can I Get Copies of the ICR or before June 13, 2003. materials may be available Supporting Statement and Other electronically, you may still access any ADDRESSES: Comments may be Related Information? of the publicly available docket submitted electronically, by mail, or 1. Docket. EPA has established an materials through the docket facility through hand delivery/courier. Send official public docket for this ICR under identified in section I.B. comments to Water Docket, Docket ID No. OW–2002–0051. The For public commenters, it is Environmental Protection Agency, Mail official public docket consists of the important to note that EPA’s policy is Code 4101T, 1200 Pennsylvania Ave., documents specifically referenced in the that public comments, whether NW., Washington, DC, 20460, Attention ICR, any public comments received, and submitted electronically or in paper, Docket ID No. OW–2002–0051. Follow other information related to this ICR. will be made available for public the detailed instructions as provided in Although a part of the official docket, viewing in EPA’s electronic public section I.C. of the SUPPLEMENTARY the public docket does not include docket as EPA receives them and INFORMATION section. Confidential Business Information (CBI) without change, unless the comment FOR FURTHER INFORMATION CONTACT: John or other information whose disclosure is contains copyrighted material, CBI, or Bennett of the EPA Office of Ground restricted by statute. The official public other information whose disclosure is Water and Drinking Water at (202) 564– docket is the collection of materials that restricted by statute. When EPA 4690, or by facsimile: (202) 564–3760, or is available for public viewing at the identifies a comment containing e-mail: [email protected]. For Water Docket in the EPA Docket Center, copyrighted material, EPA will provide general information, contact the Safe (EPA/DC) EPA West, Room B102, 1301 a reference to that material in the Drinking Water Hotline, (800) 426–4791. Constitution Ave., NW., Washington, version of the comment that is placed in The Safe Drinking Water Hotline is open DC. The EPA Docket Center Public EPA’s electronic public docket. The Monday through Friday, excluding Reading Room is open from 8:30 a.m. to entire printed comment, including the
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copyrighted material, will be available ‘‘anonymous access’’ system, which 8. To ensure proper receipt by EPA, in the public docket. means EPA will not know your identity, identify the appropriate docket Public comments submitted on e-mail address, or other contact identification number in the subject line computer disks that are mailed or information unless you provide it in the on the first page of your response. It delivered to the docket will be body of your comment. would also be helpful if you provided transferred to EPA’s electronic public ii. E-mail. Comments may be sent by the name, date, and Federal Register docket. Public comments that are electronic mail (e-mail) to OW– citation related to your comments. mailed or delivered to the Docket will [email protected], Attention Docket ID II. What Information Collection be scanned and placed in EPA’s No. OW–2002–0051. In contrast to Activity or ICR Does This Action Apply electronic public docket. Where EPA’s electronic public docket, EPA’s e- to? practical, physical objects will be mail system is not an ‘‘anonymous photographed, and the photograph will access’’ system. If you send an e-mail EPA is seeking comments on the be placed in EPA’s electronic public comment directly to the Docket without following ICR: docket along with a brief description going through EPA’s electronic public Title: Drinking Water Regulations written by the docket staff. docket, EPA’s e-mail system Compliance and Cost Retrospective C. How and to Whom Do I Submit automatically captures your e-mail Survey (EPA ICR No. 2101.01). Comments? address. E-mail addresses that are Abstract: The Safe Drinking Water Act automatically captured by EPA’s e-mail (SDWA) (1412(b)) requires EPA to You may submit comments system are included as part of the electronically, by mail, or through hand analyze the costs related to the comment that is placed in the official delivery/courier. To ensure proper promulgation of drinking water public docket, and made available in receipt by EPA, identify the appropriate regulations. Since the reauthorization of EPA’s electronic public docket. docket identification number in the SDWA in 1996, EPA has proposed and iii. Disk or CD ROM. You may submit subject line on the first page of your promulgated national primary drinking comments on a disk or CD ROM that comment. Please ensure that your water regulations for several you mail to the mailing address comments are submitted within the contaminants. Each of these final and specified comment period. Comments identified in section I.C.2. These proposed rules has a supporting received after the close of the comment electronic submissions will be accepted ‘‘Economic Analysis,’’ which includes period will be marked ‘‘late.’’ EPA is not in WordPerfect or ASCII file format. an analysis of compliance costs. The required to consider these late Avoid the use of special characters and cost analysis includes capital and comments. any form of encryption. operations and maintenance (O&M) 1. Electronically. If you submit an 2. By Mail. Send an original and three costs for treatment and other electronic comment as prescribed copies of your comments to: Water compliance measures taken by systems below. EPA recommends that you Docket, Environmental Protection with Maximum Contaminant Level include your name, mailing address, Agency, Mail Code: 4101T, 1200 (MCL) violations or from systems that and an e-mail address or other contact Pennsylvania Ave., NW., Washington, are subject to treatment technique information in the body of your DC, 20460, Attention Docket ID No. requirements, as well as costs related to comment. Also include this contact OW–2002–0051. start-up, training and monitoring for all information on the outside of any disk 3. By Hand Delivery or Courier. regulated systems. or CD ROM you submit, and in any Deliver your comments to: Water Key to the accurate estimation of costs cover letter accompanying the disk or Docket, Environmental Protection is an understanding of the compliance CD ROM. This ensures that you can be Agency, EPA West, Room B102, 1301 decision process of Public Water identified as the submitter of the Constitution Ave., NW., Washington, Systems (PWS). In this survey, EPA’s comment and allows EPA to contact you DC, Attention Docket ID No. OW–2002– Office of Ground Water and Drinking in case EPA cannot read your comment 0051. Such deliveries are only accepted Water (OGWDW) plans to collect due to technical difficulties or needs during the Docket’s normal hours of information from PWSs on their further information on the substance of operation as identified in Section I.B.1. compliance decisions and associated your comment. EPA’s policy is that EPA D. What Should I Consider as I Prepare costs for a set of rulemakings. A will not edit your comment, and any My Comments for EPA? compliance decision is a decision made identifying or contact information in direct response to the provided in the body of a comment will You may find the following implementation of a drinking water be included as part of the comment that suggestions helpful for preparing your regulation to come into compliance with is placed in the official public docket, comments: the regulation. Examples of compliance and made available in EPA’s electronic 1. Explain your views as clearly as decisions include installing a new public docket. If EPA cannot read your possible. treatment technology; modifying an comment due to technical difficulties 2. Describe any assumptions that you existing treatment technology; using a and cannot contact you for clarification, used. non-treatment approach; and, finding a EPA may not be able to consider your 3. Provide any technical information new water source. EPA plans to collect comment. and/or data you used that support your information on which compliance i. EPA Dockets. Your use of EPA’s views. alternatives were considered, and which electronic public docket to submit 4. If you estimate potential burden or were chosen from that set of comments to EPA electronically is costs, explain how you arrived at your alternatives, along with information on EPA’s preferred method for receiving estimate. associated capital, operating and comments. Go directly to EPA Docket at 5. Provide specific examples to maintenance, and add-on costs. http://www.epa.gov/edocket, and follow illustrate your concerns. Responses are voluntary and will not be the online instructions for submitting 6. Offer alternatives. considered confidential. EPA plans to comments. Once in the system, select 7. Make sure to submit your use the results of the survey to update ‘‘search,’’ and then key in Docket ID No. comments by the comment period its cost estimation process for future OW–2002–0051. The system is an deadline identified. rulemakings.
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The survey will target systems in two notice. EPA anticipates that the only ENVIRONMENTAL PROTECTION categories: systems which have had entities affected by this information AGENCY violations of one or more chosen request will be public water systems. rulemakings and systems which have The total number of estimated potential [FRL –7482–8] not had violations (but have made respondents is 1,875 for the screener Science Advisory Board, Clean Air compliance decisions to prevent a survey and 718 for the full survey. Scientific Advisory Committee, violation). An initial short survey will Respondents to the screener survey will Notification of Public Advisory be used to identify a sample of systems only have to respond to that survey Committee Meeting; Teleconference that have made compliance decisions in once. Respondents to the full survey Consultation on Risk Analysis Plans response to the representative will only have to respond to the full for Coarse Particulate Matter (PM10–2.5) rulemakings without actually having survey once. Some respondents, and PM10 been out of compliance. The full survey however, will have to respond to both (including a pilot study phase) will be the screener survey and the full survey. AGENCY: Environmental Protection sent to these systems, as well as to a EPA estimates that 1,567 respondents Agency (EPA). sample of systems that have recorded will respond once to the screener ACTION: Notice. violations. We estimate that the initial survey, 410 respondents will respond survey (known as a screener survey, once to the full survey, and 308 SUMMARY: The Environmental Protection since it will identify respondents respondents will respond once to both Agency (EPA), Science Advisory Board appropriate for the full survey) will the screener survey and the full survey. (SAB), announces the conduct of a provide data from 1,875 respondents publically-accessible teleconference of indicating whether or not they made The annual public burden for this the Clean Air Scientific Advisory some type of compliance decision collection of information is estimated to Committee (CASAC) Particulate Matter associated with the representative average 0.25 hours per screener survey (PM) Review Panel to review the rulemakings. We estimate that the full response; 1 hour per full survey Agency’s risk analysis plans for coarse- survey (including a pilot study phase), response for small public water systems; fraction PM and PM . 2 hours per full survey response for 10–2.5 10 sent to systems with and without DATES: The conference call meeting will recorded violations, will provide data medium public water systems; and 3 hours per full survey response for large take place on Thursday, May 1, 2003, from 718 respondents. from 10 a.m. to 12 p.m. eastern time. An agency may not conduct or public water systems. The estimated total annual respondent burden for Participation will be by teleconference sponsor, and a person is not required to only. respond to, a collection of information screener survey respondents is 469 unless it displays a currently valid OMB hours with a current annual cost of ADDRESSES: Members of the public who control number. The OMB control $10,742; the estimated total annual wish to obtain the call-in number and numbers for EPA’s regulations are listed respondent burden for full survey access code to participate must contact in 40 CFR part 9 and 48 CFR chapter 15. respondents is 1,304 hours with a Ms. Delores Darden, EPA Science The EPA would like to solicit current annual cost of $34,204. Total Advisory Board Staff, at telephone/voice comments to: estimated annual respondent burden mail: (202) 564–2282, via e-mail at: (i) Evaluate whether the proposed associated with the complete [email protected]; or at mailing collection of information is necessary information collection effort is 1,773 address: EPA Science Advisory Board, for the proper performance of the hours with a current annual cost of U.S. Environmental Protection Agency functions of the Agency, including $44,946. (1400A), 1200 Pennsylvania Avenue, NW., Washington, DC, 20460 (FedEx/ whether the information will have Burden means the total time, effort, or Courier Zip Code: 20004), in order to practical utility; financial resources expended by persons (ii) Evaluate the accuracy of the register. to generate, maintain, retain, or disclose Agency’s estimate of the burden of the or provide information to or for a FOR FURTHER INFORMATION CONTACT: Any proposed collection of information, member of the public wishing further including the validity of the Federal agency. This includes the time needed to review instructions; develop, information about this conference call methodology and assumptions used; should contact Mr. Fred Butterfield, (iii) Enhance the quality, utility, and acquire, install, and utilize technology Designated Federal Officer (DFO), EPA clarity of the information to be and systems for the purposes of Science Advisory Board Staff; at collected; and collecting, validating, and verifying (iv) Minimize the burden of the information, processing and telephone/voice mail: (202) 564–4561; collection of information on those who maintaining information, and disclosing or via e-mail at: are to respond, via the use of and providing information; adjust the [email protected]. General appropriate automated electronic, existing ways to comply with any information concerning the CASAC or mechanical, or other technological previously applicable instructions and the EPA Science Advisory Board can be collection techniques or other forms of requirements; train personnel to be able found on the EPA Web site at: http:// information technology, e.g., permitting to respond to a collection of www.epa.gov/sab. electronic submission of responses. information; search data sources; SUPPLEMENTARY INFORMATION: complete and review the collection of 1. Summary. The Clean Air Scientific III. What Are EPA’s Burden and Cost information; and transmit or otherwise Advisory Committee was established by Estimates for This ICR? disclose the information. 42 U.S.C. 7409 in part to provide advice, The following is a summary of the information and recommendations on Dated: March 21, 2003. burden and cost estimates associated the scientific and technical aspects of with this proposed information Cynthia C. Dougherty, issues related to the criteria for national collection effort. Burden and cost Director, Office of Ground Water and Drinking ambient air quality standards (NAAQS). estimates are taken from the ICR, which Water. The CASAC Particulate Matter Review provides a detailed explanation of the [FR Doc. 03–9046 Filed 4–11–03; 8:45 am] Panel will report to the Administrator of burden estimates summarized in this BILLING CODE 6560–50–P EPA through the CASAC, which is
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administratively located under the EPA Scientific Advisory Committee (EPA– Technical Documents’’ at the following Science Advisory Board. The SAB was SAB–CASAC–ADV–02–002), located on URL address: http://www.epa.gov/ttn/ established by 42 U.S.C. 4365 to provide the EPA Science Advisory Board Web naaqs/standards/pm/s_pm_cr_td.html independent scientific and technical site at: http://www.epa.gov/sab/pdf/ after April 9, 2003. In addition, the draft advice, consultation, and casacadv02002.pdf. agenda for the teleconference that is the recommendations to the EPA In response to the advice provided in subject of this notice will be posted on Administrator on the technical basis for the May 2002 CASAC Advisory, OAQPS the EPA Science Advisory Board Web Agency positions and regulations. Both has proposed to expand the scope of the Site at: http://www.epa.gov/sab (under the CASAC and the SAB are Federal PM health risk analyses to include risk the ‘‘Agendas’’ subheading) advisory committees chartered under analyses for PM10. The charge to the approximately 10 days before the the Federal Advisory Committee Act CASAC PM Panel during their publically-accessible teleconference. (FACA), as amended (5 U.S.C. App.). consultation on May 1, 2003, is to 4. Providing Oral or Written The CASAC Particulate Matter Review provide feedback on the scope and Comments at SAB Meetings. It is the Panel will comply with the provisions approach proposed by EPA for the PM10 policy of the EPA Science Advisory of FACA and all appropriate SAB and PM10–2.5 components of the risk Board (SAB) to accept written public procedural policies. analyses. EPA is making available the comments of any length, and to On April 9, 2003, EPA’s Office of Air draft Risk Analysis Methodology for accommodate oral public comments Quality Planning and Standards PM10 and PM10–2.5 to facilitate whenever possible. The EPA SAB (OAQPS) will make available for public discussion and review of the proposed expects that public statements presented review and comment a draft approach by the CASAC and general at its meetings will not be repetitive of memorandum, ‘‘Preliminary public. This draft document takes into previously submitted oral or written Recommended Methodology for PM consideration the availability of 10 statements. Oral Comments: In general, and PM Risk Analyses in Light of reanalyses using alternative statistical 10–2.5 each individual or group requesting an Reanalyzed Study Results’’ (hereafter, approaches for some PM health effect oral presentation at a face-to-face draft Risk Analysis Methodology for studies identified by EPA as being of meeting will be limited to a total time PM and PM ). This document high priority for policy considerations 10 10–2.5 of 10 minutes (unless otherwise outlines the overall scope proposed for (see the following URL: http:// indicated). For conference call meetings, the quantitative risk assessments for www.epa.gov/ncea/partmatt.htm, for opportunities for oral comment will PM10 and coarse-fraction PM (PM10–2.5) more information). This document that will be conducted as part of the outlines the overall scope proposed for usually be limited to no more than three periodic review of the NAAQS for PM, the quantitative risk assessments for minutes per speaker and no more than 15 minutes total. Interested parties pursuant to sections 108 and 109 of the PM10 and PM10–2.5 including health Clean Air Act (CAA). endpoints to be analyzed, health studies should contact the CASAC DFO, Mr. 2. Background. On January 28, 2002 that serve as the source of Fred Butterfield, at the telephone (67 FR 3897), OAQPS made available for concentration-response functions, and number or e-mail address provided public and CASAC review a draft cities to be examined. above, at least one week prior to the document, ‘‘Proposed Methodology for Following the May 1, 2003, CASAC meeting in order to be placed on the Particulate Matter Risk Analyses for Particulate Matter Review Panel public speaker list for the meeting. Selected Urban Areas’’ (hereafter, draft teleconference to review the draft Risk Speakers may attend the meeting and PM Risk Analysis Methodology), that Analysis Methodology for PM10 and provide comment up to the meeting describes EPA’s plans and approach for PM10–2.5, EPA will prepare a technical time. Speakers should bring at least 35 conducting PM health risk analyses report describing the risk analysis copies of their comments and primarily for fine particles (PM2.5). The methodology in greater detail and presentation slides for distribution to PM risk analyses will be performed to including preliminary risk estimates the reviewers and public at the meeting. assist in the preparation of the OAQPS taking into account public and CASAC Written Comments: Although the SAB PM Staff Paper, the purpose of which is comments. The methodology and accepts written comments until the date to evaluate the policy implications of preliminary estimates will be of the meeting (unless otherwise stated), the key scientific and technical summarized in the next draft of the written comments should be received in information contained in the Agency’s OAQPS PM Staff Paper, which will be the SAB Staff Office at least one week PM Air Quality Criteria Document released for public and CASAC review prior to the meeting date so that the (AQCD) and identify critical elements later this year. comments may be made available to the that EPA staff believe should be Any questions concerning the draft review panel for their consideration. considered in reviewing the PM Risk Analysis Methodology for PM10 Written comments should be supplied NAAQS. The Staff Paper is intended to and PM10–2.5 should be directed to Mr. to Ms. Delores Darden, EPA Science ‘‘bridge the gap’’ between the scientific Harvey Richmond, OAQPS’s Health and Advisory Board Staff, at the e-mail review contained in the AQCD and the Ecosystems Effects Group, at telephone/ address or mailing address provided public health and welfare policy voice mail: (919) 541–5271; or via e- above, or via fax at: (202) 501–0582, in judgments required of the Administrator mail at: [email protected]. the following formats: one hard copy in reviewing the NAAQS. On February 3. Availability of Additional Meeting with original signature, and one 27, 2002, the CASAC PM Review Panel Materials. A copy of the draft electronic copy via e-mail (acceptable met via public teleconference to provide memorandum, ‘‘Preliminary file format: Adobe Acrobat, advice to EPA on the proposed Recommended Methodology for PM10 WordPerfect, Word, or Rich Text files methodology; and, on May 23, 2002, the and PM10–2.5 Risk Analyses in Light of (in IBM–PC/Windows 95/98 format). CASAC issued an Advisory providing Reanalyzed Study Results’’ will be Those providing written comments and its advice to the EPA Administrator available through EPA’s Technology who attend the meeting are also asked entitled, ‘‘Review of the Agency’s Draft Transfer Network (TTN) Web site under to bring 35 copies of their comments for Proposed Methodology for Particulate the technical area for National Ambient public distribution. Any written Matter Risk Analysis for Selected Urban Air Quality Standards, under the comments supplied at the meeting Areas; an Advisory by the Clean Air heading of ‘‘Particulate Matter— should be provided to the DFO up to or
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immediately following the meeting. The SUPPLEMENTARY INFORMATION: In the penalty for failing to comply with a SAB allows a grace period of 48 hours March 3, 2003 Federal Register (68 FR collection of information subject to the after adjournment of the public meeting 10012), EPA announced the availability Paperwork Reduction Act (PRA) that to provide written comments supporting of, and opportunity to comment on, the does not display a valid control number. any verbal comments stated at the Draft Final Guidelines for Carcinogen Comments are requested concerning (a) public meeting to be made a part of the Risk Assessment (February 2003, whether the proposed collection of public record. NCEA–F–0644A) and the draft information is necessary for the proper 5. Meeting Access. Individuals Supplemental Guidance for Assessing performance of the functions of the requiring special accommodation to Cancer Susceptibility from Early-Life Commission, including whether the access this teleconference should Exposure to Carcinogens (EPA/630/R– information shall have practical utility; contact Ms. Delores Darden, EPA 03/003). The comment period was (b) the accuracy of the Commission’s Science Advisory Board Staff, at the scheduled to close on May 1, 2003. This burden estimate; (c) ways to enhance telephone or e-mail address provided notice extends the comment period the quality, utility, and clarity of the above, at least five business days prior until June 2, 2003. EPA will consider all information collected; and (d) ways to to the meeting so that appropriate comments received by this date in minimize the burden of the collection of arrangements can be made. completing final Guidelines and information on the respondents, Dated: April 7, 2003. supplemental guidance. including the use of automated Vanessa T. Vu, As announced in the Federal Register collection techniques or other forms of on April 11, 2003, a panel of EPA’s information technology. Director, EPA Science Advisory Board Staff Office. Science Advisory Board (SAB) will meet DATES: Written comments should be to review the draft Supplemental [FR Doc. 03–9040 Filed 4–11–03; 8:45 am] submitted on or before June 13, 2003. If Guidance on May 12 to 14, 2003. EPA you anticipate that you will be BILLING CODE 6560–50–P will provide all public comments on the submitting comments, but find it draft Supplemental Guidance that EPA difficult to do so within the period of ENVIRONMENTAL PROTECTION has received by May 1, 2003 to the SAB time allowed by this notice, you should AGENCY review panel prior to its meeting. advise the contact listed below as soon Comments received by EPA by June 2, as possible. [FRL–7483–1] 2003 but after May 1, 2003 will also be ADDRESSES: Direct all comments to Les forwarded to the SAB for consideration Smith, Federal Communications Notice of Extension of Public by the review panel in completing its Commission, Room 1–A804, 445 12th Comment Period on the Draft Final report. Comments may also be Street, SW., Washington, DC 20554, or Guidelines for Carcinogen Risk submitted directly to the SAB in the via the Internet to [email protected]. Assessment and the Draft manner described in the Federal FOR FURTHER INFORMATION CONTACT: For Supplemental Guidance for Assessing Register notice announcing the SAB additional information or copies of the Cancer Susceptibility From Early-Life meeting. It is the policy of the SAB to information collection(s) contact Les Exposure to Carcinogens accept written comments and Smith at 202–418–0217 or via the accommodate oral public comments Internet at [email protected]. AGENCY: Environmental Protection wherever possible at its public Agency (EPA). meetings. SUPPLEMENTARY INFORMATION: ACTION: Notice of extension of public OMB Control Number: 3060–0208. Dated: April 8, 2003. comment period. Title: Section 73.1870, Chief Paul Gilman, Operators. SUMMARY: This notice extends the Assistant Administrator for Research and Form Number: N/A. comment period for the Draft Final Development. Type of Review: Extension of a Guidelines for Carcinogen Risk [FR Doc. 03–9048 Filed 4–11–03; 8:45 am] currently approved collection. Assessment and the draft Supplemental BILLING CODE 6560–50–P Respondents: Business and other for- Guidance for Assessing Cancer profit entities; Not-for-profit Susceptibility from Early-Life Exposure institutions. to Carcinogens. The availability of these FEDERAL COMMUNICATIONS Number of Respondents: 14,500. documents was originally announced in COMMISION Estimated Time per Response: 26 the Federal Register on March 3, 2003 hours. (68 FR 10012). Notice of Public Information Frequency of Response: Recordkeeping; Third party disclosure. DATES: Comments must be received by Collection(s) Being Reviewed by the Federal Communications Commission Total Annual Burden: 379,407. Monday, June 2, 2003. Total Annual Costs: $0.00. ADDRESSES: The documents are April 4, 2003. Needs and Uses: 47 CFR 73.1870 available via the Internet from SUMMARY: The Federal Communications requires that the licensee of an AM, FM, www.epa.gov/ncea/raf/cancer2003.htm. Commission, as part of its continuing or TV broadcast station designate a chief Instructions for submitting comments effort to reduce paperwork burden operator of the station. Section are provided at this website and in the invites the general public and other 73.1870(b)(3) requires that this March 3, 2003 Federal Register notice. Federal agencies to take this designation must be in writing and FOR FURTHER INFORMATION CONTACT: Dr. opportunity to comment on the posted with the station license. Section William P. Wood, Risk Assessment following information collection(s), as 73.1230 requires that all licensees post Forum (mail code 8601D), U.S. required by the Paperwork Reduction station licenses ‘‘at the place the Environmental Protection Agency, 1200 Act of 1995, Public Law 104–13. An licensee considers the principal control Pennsylvania Avenue NW., Washington, agency may not conduct or sponsor a point of the transmitter’’ generally at the DC 20460, telephone 202–564–3361, or collection of information unless it transmitter site. Agreements with chief send electronic mail inquiries to displays a current valid control number. operators serving on a contract basis [email protected]. No person shall be subject to any must be in writing with a copy kept in
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the station files. Section 73.1870(c)(3) Finance Board, Office of Supervision, Support Statement and submit it to the requires that the chief operator, or Community Investment and Affordable Finance Board by the May 26, 2003 personnel delegated and supervised by Housing, 1777 F Street, NW., deadline prescribed in this notice. 12 the chief operator, review the station Washington, DC 20006, or by electronic CFR 944.2(b)(1)(ii) and (c). On or before records at least once each week to mail at [email protected]. April 28, 2003, each Bank will notify determine if required entries are being FOR FURTHER INFORMATION CONTACT: the members in its district that have made correctly, and verify that the Emma J. Fitzgerald, Program Analyst, been selected for the 2002–03 fifth station has been operated in accordance Office of Supervision, Community quarter community support review with FCC rules and the station Investment and Affordable Housing, by cycle that they must complete and authorization. Upon completion of the telephone at 202/408–2874, by submit to the Finance Board by the review, the chief operator must date and electronic mail at [email protected], deadline a Community Support sign the log, initiate corrective action, or by regular mail at the Federal Statement. 12 CFR 944.2(b)(2)(i). The which may be necessary, and advise the Housing Finance Board, 1777 F Street, member’s Bank will provide a blank station licensee of any condition, which NW., Washington, DC 20006. Community Support Statement Form, is repetitive. The posting of the SUPPLEMENTARY INFORMATION: which also is available on the Finance designation of the chief operator is used Board’s web site: http://www.fhfb.gov. by interested parties to readily identify I. Selection for Community Support Upon request, the member’s Bank also the chief operator. The review of the Review will provide assistance in completing station records is used by the chief Section 10(g)(1) of the Federal Home the Community Support Statement. operator, and FCC staff in Loan Bank Act (Bank Act) requires the The Finance Board has selected the investigations, to assure that the station Finance Board to promulgate following members for the 2002–03 fifth is operating in accordance with its regulations establishing standards of quarter community support review station authorization and the FCC rules community investment or service Bank cycle: and regulations. members must meet in order to Federal Home Loan Bank of Boston— Federal Communications Commission. maintain access to long-term advances. District 1 See 12 U.S.C. 1430(g)(1). The William F. Caton, People’s Bank, Bridgeport, Connecticut Deputy Secretary. regulations promulgated by the Finance Farmington Savings Bank, Farmington, [FR Doc. 03–8969 Filed 4–11–03; 8:45 am] Board must take into account factors Connecticut such as the Bank member’s performance BILLING CODE 6712–01–P Savings Bank of Manchester, under the Community Reinvestment Act Manchester, Connecticut of 1977 (CRA), 12 U.S.C. 2901 et seq., Liberty Bank, Middletown, Connecticut and record of lending to first-time FEDERAL HOUSING FINANCE BOARD Naugatuck Savings Bank, Naugatuck, homebuyers. See 12 U.S.C. 1430(g)(2). Connecticut [No. 2003–N–4] Pursuant to section 10(g) of the Bank The Citizens National Bank, Putnam, Act, the Finance Board has promulgated Connecticut Federal Home Loan Bank Members a community support requirements Simsbury Bank and Trust Company, Selected for Community Support regulation that establishes standards a Simsbury, Connecticut Review Bank member must meet in order to Windsor Federal Savings & Loan, maintain access to long-term advances, Windsor, Connecticut AGENCY: Federal Housing Finance and review criteria the Finance Board Windsor Locks Community Bank, FSL, Board. must apply in evaluating a member’s Windsor Locks, Connecticut ACTION: Notice. community support performance. See United Kingfield Bank, Bangor, Maine 12 CFR part 944. The regulation Ocean Communities Federal Credit SUMMARY: The Federal Housing Finance includes standards and criteria for the Union, Biddeford, Maine Board (Finance Board) is announcing two statutory factors—CRA performance St. Joseph’s Credit Union, Biddeford, the Federal Home Loan Bank (Bank) and record of lending to first-time Maine members it has selected for the 2002–03 homebuyers. 12 CFR 944.3. Only The First National Bank of fifth quarter review cycle under the members subject to the CRA must meet Damariscotta, Damariscotta, Maine Finance Board’s community support the CRA standard. 12 CFR 944.3(b). All Gardiner Savings Institution FSB, requirements regulation. This notice members, including those not subject to Gardiner, Maine Machias Savings Bank, Machias, Maine also prescribes the deadline by which CRA, must meet the first-time Katahdin Federal Credit Union, Bank members selected for review must homebuyer standard. 12 CFR 944.3(c). submit Community Support Statements Millinocket, Maine Under the rule, the Finance Board St. Croix Federal Credit Union, to the Finance Board. selects approximately one-eighth of the DATES: Bank members selected for the Woodland, Maine members in each Bank district for Tremont Credit Union, Boston, 2002–03 fifth quarter review cycle community support review each under the Finance Board’s community Massachusetts calendar quarter. 12 CFR 944.2(a). The University Credit Union, Boston, support requirements regulation must Finance Board will not review an Massachusetts submit completed Community Support institution’s community support Brockton Credit Union, Brockton, Statements to the Finance Board on or performance until it has been a Bank Massachusetts before May 26, 2003. member for at least one year. Selection Broadway National Bank, Chelsea, ADDRESSES: Bank members selected for for review is not, nor should it be Massachusetts the 2002–03 fifth quarter review cycle construed as, any indication of either Dedham Co-operative Bank, Dedham, under the Finance Board’s community the financial condition or the Massachusetts support requirements regulation must community support performance of the Everett Credit Union, Everett, submit completed Community Support member. Massachusetts Statements to the Finance Board either Each Bank member selected for Worker’s Credit Union, Fitchburg, by regular mail at the Federal Housing review must complete a Community Massachusetts
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Framingham Co-operative Bank, Factory Point National Bank, First FS&LA of Bucks County, Bristol, Framingham, Massachusetts Manchester Center, Vermont Pennsylvania The Benjamin Franklin Savings Bank, Heritage Family Credit Union, Rutland, Alliance Bank, Broomall, Pennsylvania Franklin, Massachusetts Vermont Sharon Savings Bank, Darby, Dean Cooperative Bank, Franklin, Passumpsic Savings Bank, St. Pennsylvania Massachusetts Johnsbury, Vermont ESB Bank, Ellwood City, Pennsylvania Greenfield Savings Bank, Greenfield, County Savings Association, Essington, Federal Home Loan Bank of New Massachusetts Pennsylvania York—District 2 UMassFive College Federal Credit Stonebridge Bank, Exton, Pennsylvania Union, Hadley, Massachusetts Ocwen Federal Bank FSB, West Palm Bank of Hanover and Trust Company, Hanscom Federal Credit Union, Beach, Florida Hanover, Pennsylvania Hanscom AFB, Massachusetts American Savings Bank of NJ, Fox Chase Bank, Hatboro, Pennsylvania Economy Co-operative Bank, Merrimac, Bloomfield, New Jersey Hatboro Federal Savings, Hatboro, Massachusetts Clifton Savings Bank, S.L.A., Clifton, Pennsylvania Mayflower Cooperative Bank, New Jersey First Federal Bank, Hazleton, Middleborough, Massachusetts Sussex Bank, Franklin, New Jersey Pennsylvania Millbury Federal Credit Union, First Hope Bank, a national banking William Penn Savings and Loan Millbury, Massachusetts association, Hope, New Jersey Association, Levittown, Pennsylvania Compass Bank for Savings, New Magyar Savings Bank, New Brunswick, Willow Grove Bank, Maple Glen, Bedford, Massachusetts New Jersey Pennsylvania First Citizens’ Federal Credit Union, Lusitania Savings Bank, fsb, Newark, First Keystone Federal Savings Bank, New Bedford, Massachusetts New Jersey Media, Pennsylvania North Shore Bank, A Co-Operative Roebling Bank, Roebling, New Jersey Morton Savings Bank, Morton, Bank, Peabody, Massachusetts Penn Federal Savings Bank, West Pennsylvania Berkshire Bank, Pittsfield, Orange, New Jersey Nesquehoning Savings Bank, Massachusetts Monroe Savings Bank, S.L.A., Nesquehoning, Pennsylvania The Pittsfield Cooperative Bank, Williamstown, New Jersey Third Federal Bank, Newtown, Pittsfield, Massachusetts Franklin Savings Bank, Woodstown, Pennsylvania Sharon Co-operative Bank, Sharon, New Jersey Malvern Federal Savings Bank, Paoli, Massachusetts BSB Bank & Trust Company, Pennsylvania Slade’s Ferry Trust Company, Somerset, Binghamton, New York First Savings Bank of Perkasie, Perkasie, Massachusetts Ponce De Leon Federal Bank, Bronx, Pennsylvania Central Cooperative Bank, Somerville, New York Asian Bank, Philadelphia, Pennsylvania Massachusetts Atlantic Liberty Savings, Brooklyn, New Pennsylvania Business Bank, Savers Co-operative Bank, Southbridge, York Philadelphia, Pennsylvania Massachusetts Community Capital Bank, Brooklyn, Second FS&LA of Philadelphia, Southbridge Savings Bank, Southbridge, New York Philadelphia, Pennsylvania Massachusetts The Bank of Castile, Castile, New York Stoneham Co-operative Bank, Fulton Savings Bank, Fulton, New York Washington Savings Association, Stoneham, Massachusetts Astoria Federal Savings & Loan Philadelphia, Pennsylvania The Martha’s Vineyard Co-operative Association, Lake Success, New York Bell FS&LA of Bellevue, Pittsburgh, Bank, Vineyard Haven, Massachusetts Pittsford Federal Credit Union, Mendon, Pennsylvania Ware Co-operative Bank, Ware, New York Great American Federal, Pittsburgh, Massachusetts First Federal Savings of Middletown, Pennsylvania United Cooperative Bank, West Middletown, New York National City Bank of Pennsylvania, Springfield, Massachusetts Amalgamated Bank, New York, New Pittsburgh, Pennsylvania Westfield Savings Bank, Westfield, York Progressive Home FS&LA, Pittsburgh, Massachusetts United Orient Bank, New York, New Pennsylvania Winthrop Federal Credit Union, York Patriot Bank, Pottstown, Pennsylvania Winthrop, Massachusetts Northfield Savings Bank, Staten Island, The Quakertown National Bank, Flagship Bank and Trust Company, New York Quakertown, Pennsylvania Worcester, Massachusetts Empire Federal Credit Union, Syracuse, Mercer County State Bank, Sandy Lake, Connecticut River Bank N.A. New York Pennsylvania Charleston, New Hampshire Wallkill Valley FS&LA, Wallkill, New North Penn Savings & Loan Association, Claremont Savings, Claremont, New York Scranton, Pennsylvania Hampshire The Bank & Trust of Puerto Rico, San Penn Security Bank, & Trust Company, Triangle Credit Union, Nashua, New Juan, Puerto Rico Scranton, Pennsylvania Hampshire Slovenian S&LA of Canonsburg, Sugar River Savings Bank, Newport, Federal Home Loan Bank of Strabane, Pennsylvania New Hampshire Pittsburgh—District 3 First National Bank of West Chester, Lake Sunapee Bank, Newport, New Citicorp Trust Bank, FSB, Newark, West Chester, Pennsylvania Hampshire Delaware First Heritage Bank, Wilkes-Barre, Piscataqua Savings Bank, Portsmouth, Wilmington Savings Fund Society, FSB, Pennsylvania New Hampshire Wilmington, Delaware WNB Bank, Williamsport, Pennsylvania Service Credit Union, Portsmouth, New C & G Savings Bank, Altoona, First Century Bank, Bluefield, West Hampshire Pennsylvania Virginia The Washington Trust Company, Ambler Savings & Loan Association, Pioneer Community Bank, Iaeger, West Westerly, Rhode Island Ambler, Pennsylvania Virginia The Bank of Bennington, Bennington, First Star Savings Bank, Bethlehem, Bank of Mount Hope, Inc., Mount Hope, Vermont Pennsylvania West Virginia
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Community Bank of Parkersburg, Old Florida Bank, Fort Myers, Florida The Peoples Bank, Eatonton, Georgia Parkersburg, West Virginia First City Bank of Florida, Fort Walton Pinnacle Bank, N.A., Elberton, Georgia First National Bank, Spencer, West Beach, Florida Gainesville Bank and Trust, Gainesville, Virginia Desjardins Federal Savings Bank, Georgia Pleasants County Bank, St. Marys, West Hallandale, Florida First Citizens Bank, Glennville, Georgia Virginia First National Bank of South Florida, South Georgia Bank, Glennville, Georgia Poca Valley Bank, Walton, West Homestead, Florida SunMark Community Bank, Virginia Florida Community Bank, Immokalee, Hawkinsville, Georgia Community Trust Bank, Hiram, Georgia Federal Home Loan Bank of Atlanta— Florida The Bank of Inverness, Inverness, Northeast Georgia Bank, Lavonia, District 4 Florida Georgia Covington County Bank, Andalusia, Educational Community Credit Union, Peoples Bank, Lithonia, Georgia Alabama Jacksonville, Florida The Community Bank, Loganville, United Bank, Atmore, Alabama First Guaranty Bank and Trust Georgia AmSouth Bank, Birmingham, Alabama Company, Jacksonville, Florida Rivoli Bank & Trust, Macon, Georgia Bank of Alabama, Birmingham, Monticello Bank, Jacksonville, Florida First Security National Bank, Norcross, Alabama Publix Employees FCU, Lakeland, Georgia New South Federal Savings Bank, Florida Family Bank, Pelham, Georgia Birmingham, Alabama First FSB of Lake County, Leesburg, The Citizens National Bank of Quitman, Community Bank, Blountsville, Florida Quitman, Georgia Wilcox County State Bank, Rochelle, Alabama First Federal Savings Bank, Live Oak, Georgia BankTrust, Brewton, Alabama Florida Citizens First Bank, Rome, Georgia Cullman Savings Bank, Cullman, Commercial Bank of Florida, Miami, Farmers and Merchants Community Alabama Florida Peoples Bank of North Alabama, Bank, Senoia, Georgia Eastern National Bank, Miami, Florida Quantum National Bank, Suwanee, Cullman, Alabama Helm Bank, Miami, Florida Georgia First American Bank, Decatur, Alabama Tropical Financial Credit Union, Miami, The Citizens Bank, Enterprise, Alabama Bank of Thomas County, Thomasville, Florida Commerce South Bank, Eufala, Alabama Georgia Pelican National Bank, Naples, Florida EvaBank, Eva, Alabama Citizens Bank & Trust, Trenton, Georgia First Gulf Bank, Gulf Shores, Alabama American National Bank, Oakland Park, Farmers and Merchants Bank, Merchants Bank, Jackson, Alabama Florida Washington, Georgia Farmers & Merchants Bank, Lafayette, CNL Bank, Orlando, Florida First Piedmont Bank, Winder, Georgia Alabama First Community Bank of Palm Beach Bay-Vanguard Federal Savings Bank, Southwest Bank of Alabama, Inc., County, Pahokee, Florida Baltimore, Maryland McIntosh, Alabama Peoples First Community Bank, Panama Hull Federal Savings Bank, Baltimore, Bank Trust, Mobile, Alabama City, Florida Maryland Community Spirit Bank, Red Bay, Century Bank, a Federal Savings Bank, Ideal Federal Savings Bank, Baltimore, Alabama Sarasota, Florida Maryland Valley State Bank, Russellville, Alabama Highlands Independent Bank, Sebring, State Employees Credit Union, The Peoples Bank and Trust Company, Florida Baltimore, Maryland Selma, Alabama Eastern Financial Florida Credit Union, Susquehanna Bank, Baltimore, Sweet Water State Bank, Sweet Water, South Florida, Florida Maryland Alabama Raymond James Bank, FSB, St. Vigilant Federal Savings Bank, First Federal of the South, Sylacauga, Petersburg, Florida Baltimore, Maryland Alabama United Southern Bank, Umatilla, F&M Bank—Allegiance, Bethesda, First Citizens Bank, Talladega, Alabama Florida Maryland The First National Bank of Talladega, Marine Bank and Trust, Vero Beach, TMB Federal Credit Union, Cabin John, Talladega, Alabama Florida Maryland First United Security Bank, Sterling Bank, F.S.B., West Palm Beach, Cecil Federal Bank, Elkton, Maryland Thomasville, Alabama Florida The Back and Middle River FS&L, City First Bank of D.C., N.A., Montgomery County Bank, Ailey, Essex, Maryland Washington, D. C. Georgia County National Bank, Glen Burnie, Citrus and Chemical Bank, Bartow, Chattahoochee National Bank, Maryland Florida Alpharetta, Georgia North Arundel FSB, FSB, Pasadena, Mackinac Savings Bank, FSB, Boynton First Colony Bank, Alpharetta, Georgia Maryland Beach, Florida Citizens Trust Bank, Atlanta, Georgia Provident State Bank of Preston, First FSB of the Glades, Clewiston, First Bank of Georgia, Augusta, Georgia Preston, Maryland Florida United Community Bank, Blairsville, IR Federal Credit Union, Riverdale, First Bank of Clewiston, Clewiston, Georgia Maryland Florida First National Bank of Georgia, Randolph Bank & Trust Company, First National Bank of Crestview, Buchanan, Georgia Asheboro, North Carolina Crestview, Florida Bank of Chickamauga, Chickamauga, First Commerce Bank, Charlotte, North Regent Bank, Davie, Florida Georgia Carolina Dunnellon State Bank, Dunnellon, Peoples Community Bank of Colquitt, First Union Direct Bank, N.A., Charlotte, Florida Colquitt, Georgia North Carolina Landmark Bank, N.A., Ft. Lauderdale, Peoples Community Bank, Colquitt, Rowan Savings Bank, SSB, China Grove, Florida Georgia North Carolina Premier Community Bank of South First Bank of Dalton, Dalton, Georgia Mechanics and Farmers Bank, Durham, Florida, Ft. Lauderdale, Florida Bank of Dudley, Dudley, Georgia North Carolina
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Gateway Bank & Trust Company, Second Bank & Trust, Culpeper, The Farmers Citizens Bank, Bucyrus, Elizabeth City, North Carolina Virginia Ohio Macon Bank, Franklin, North Carolina Apple Federal Credit Union, Fairfax, Eagle Savings Bank, Cincinnati, Ohio First Gaston Bank of North Carolina, Virginia The Mercantile Savings Bank, Gastonia, North Carolina Chesapeake Bank, Kilmarnock, Virginia Cincinnati, Ohio Carolina Bank, Greensboro, North Imperial Savings and Loan Association, Union Savings Bank, Cincinnati, Ohio Carolina Martinsville, Virginia The Winton Savings and Loan MountainBank, Hendersonville, North Navy Federal Credit Union, Merrifield, Company, Cincinnati, Ohio Carolina Virginia Conneaut Savings Bank, Conneaut, Ohio Hertford Savings Bank, SSB, Hertford, Bank of the Commonwealth, Norfolk, The Commercial Bank, Delphos, Ohio North Carolina Virginia The Fort Jennings State Bank, Fort The Little Bank, Kinston, North Carolina Lee Bank and Trust Company, Jennings, Ohio Industrial Federal Savings Bank, Pennington Gap, Virginia The Hamler State Bank, Hamler, Ohio Lexington, North Carolina First , Virginia Bank—Colonial, Morgan Bank, N.A., Hudson, Ohio Lexington State Bank, Lexington, North Richmond, Virginia The Fahey Banking Company of Marion, Carolina The Marathon Bank, Winchester, Marion, Ohio Liberty Savings and Loan Association, Virginia Citizens National Bank of Liberty, North Carolina McConnelsville, McConnelsville, First Savings and Loan Association, Federal Home Loan Bank of Ohio Mebane, North Carolina Cincinnati—District 5 Great Lakes Bank, Mentor, Ohio American Community Bank, Monroe, Farmers Bank & Trust Company, The American Savings Bank, North Carolina Bardstown, Kentucky Middletown, Ohio Mount Gilead S&LA, Mount Gilead, Wilson & Muir Bank and Trust First National Bank of New Holland, North Carolina Company, Bardstown, Kentucky New Holland, Ohio State Employees’ Credit Union, Raleigh, Bank of Cadiz and Trust Company, The Farmers State Bank, New North Carolina Cadiz, Kentucky Washington, Ohio First National Bank, Orrville, Ohio Taylorsville Savings Bank, SSB, Bank of Columbia, Columbia, Kentucky The Republic Banking Company, Taylorsville, North Carolina First Federal Savings Bank, Cynthiana, Republic, Ohio Anson Bank & Trust Company, Kentucky Chippewa Valley Bank, Rittman, Ohio Wadesboro, North Carolina The Harrison Deposit Bank and Trust Mutual Federal Savings Bank, Sidney, Waccamaw Bank, Whiteville, North Company, Cynthiana, Kentucky Ohio Carolina Kentucky National Bank, Elizabethtown, The Security National Bank and Trust Cooperative Bank for Svgs, Inc., SSB, Kentucky Company, Springfield, Ohio Wilmington, North Carolina Farmers Bank, Hardinsburg, Kentucky Central Federal Savings and Loan Loyal American Life Insurance Hancock Bank and Trust Company, Association of Wellsville, Wellsville, Company, Cincinnati, Ohio Hawesville, Kentucky Ohio People’s Community Bank of S.C., Peoples Bank & Trust Company of The Peoples Savings and Loan Aiken, South Carolina Hazard, Hazard, Kentucky Company, West Liberty, Ohio Home Federal Savings and Loan Assn, Heritage Bank, Hopkinsville, Kentucky The Union Banking Company, West Bamberg, South Carolina Planters Bank, Inc., Hopkinsville, Mansfield, Ohio Florence National Bank, Florence, South Kentucky Farmers State Bank, West Salem, Ohio Carolina Bank of Jamestown, Jamestown, First Community Bank, Whitehall, Ohio GrandSouth Bank, Fountain Inn, South Kentucky The Wilmington Savings Bank, Carolina THE BANK—Oldham County, Inc., Wilmington, Ohio Bank of Greeleyville, Greeleyville, LaGrange, Kentucky The Wayne Savings Community Bank, South Carolina Leitchfield Deposit Bank and Trust Wooster, Ohio County Bank, Greenwood, South Company, Leitchfield, Kentucky Brighton Bank, Brighton, Tennessee Carolina Central Bank & Trust Company, Inc., Cumberland Bank, Carthage, Tennessee Greer State Bank, Greer, South Carolina Lexington, Kentucky Highland Federal Savings and Loan First National Bank of South Carolina, L&N Federal Credit Union, Louisville, Association Of Crossville, Crossville, Holly Hill, South Carolina Kentucky Tennessee Kingstree FS&LA, Kingstree, South River City Bank, Louisville, Kentucky Security Federal Bank, Elizabethton, Carolina Farmers Bank & Trust Company of Tennessee The Bank of Clarendon, Manning, South Marion, Kentucky, Marion, Kentucky The Lauderdale County Bank, Halls, Carolina Monticello Banking Company, Tennessee Southcoast Community Bank, Mt. Monticello, Kentucky Carroll Bank & Trust, Huntingdon, Pleasant, South Carolina Pioneer Bank, Munfordville, Kentucky Tennessee Anderson Brothers Bank, Mullins, South Central Bank of Daviess County, First National Bank, Manchester, South Carolina Inc., Owensboro, Kentucky Tennessee Pickens Savings & Loan Association, The Salt Lick Deposit Bank, The Coffee County Bank, Manchester, Pickens, South Carolina Owingsville, Kentucky Tennessee Bank of Travelers Rest, Travelers Rest, Blue Grass Federal Savings and Loan The Home Bank of Tennessee, South Carolina Association, Paris, Kentucky Maryville, Tennessee Napus Federal Credit Union, First Commonwealth Bank of Memphis Area Teachers’ Credit Union, Alexandria, Virginia Prestonsburg, Inc., Prestonsburg, Memphis, Tennessee The Blue Grass Valley Bank, Blue Grass, Kentucky The Bank of Moscow, Moscow, Virginia Fort Knox National Bank, Radcliff, Tennessee The Bank of Southside Virginia, Carson, Kentucky Johnson County Bank, Mountain City, Virginia Belpre Savings Bank, Belpre, Ohio Tennessee
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Bank of Murfreesboro, Murfreesboro, Mason State Bank, Mason, Michigan The Farmers State Bank and Trust Tennessee Community Federal Credit Union, Company, Jacksonville, Illinois Home Banking Company, Selmer, Plymouth, Michigan First FS&LA of Kewanee, Kewanee, Tennessee Team One Credit Union, Saginaw, Illinois Michigan Logan County Bank, Lincoln, Illinois Federal Home Loan Bank of Sidney State Bank, Sidney, Michigan Twin Oaks Savings Bank, Marseilles, Indianapolis—District 6 Standard Federal Bank National Illinois Bedford Federal Savings Bank, Bedford, Association, Troy, Michigan Citizens Community Bank, Mascoutah, Indiana Flagstar Bank, Troy, Michigan Illinois Franklin County National Bank, Research Federal Credit Union, Warren, Okaw Building and Loan, s.b., Mattoon, Brookville, Indiana Michigan Illinois Union Federal Savings & Loan 1st Bank, West Branch, Michigan Middletown State Bank, Middleton, Association, Crawfordsville, Indiana Illinois Decatur Bank and Trust Company, Federal Home Loan Bank of Chicago— Blackhawk State Bank, Milan, Illinois Decatur, Indiana District 7 Parish Bank and Trust Company, United Fidelity Bank, Evansville, Oxford Bank and Trust, Addison, Momence, Illinois Indiana Illinois First State Bank of Monticello, Fowler State Bank, Fowler, Indiana Bank of Bellwood, Bellwood, Illinois Monticello, Illinois First Federal Savings Bank, Huntington, Heartland Bank & Trust Company, BankPlus, Morton, Illinois Indiana Bloomington, Illinois George Washington Savings Bank, Oak Campbell & Fetter Bank, Kendallville, Peoples Bank of Kankakee County, Lawn, Illinois Indiana Bourbonnais, Illinois The First National Bank of Ogden, United Community Bank, Bridgeview Bank and Trust, Bridgeview, Ogden, Illinois Lawrenceburg, Indiana Illinois The First National Bank of Okawville, River Valley Financial Bank, Madison, Southe Pointe Bank, Carbondale, Illinois Okawville, Illinois Indiana United Community Bank, Chatham, First National Bank in Olney, Olney, Fidelity FSB, Marion, Indiana Illinois Illinois State Bank of Markle, Markle, Indiana Amalgamated Bank of Chicago, Chicago, The Edgar County Bank & Trust First State Bank of Middlebury, Illinois Company, Paris, Illinois Middlebury, Indiana Austin Bank of Chicago, Chicago, First FS&LA of Pekin, Pekin, Illinois Citizens Financial Services, FSB, Illinois First National Bank in Pinckneyville, Munster, Indiana Builders Bank, Chicago, Illinois Pinckneyville, Illinois Regional Federal Savings Bank, New Burling Bank, Chicago, Illinois State Street Bank & Trust Company, Albany, Indiana Community Bank of Lawndale, Chicago, Quincy, Illinois Community Bank of Southern Indiana, Mercantile Trust and Savings Bank, Illinois New Albany, Indiana First Savings Bank of Hegewisch, Quincy, Illinois Ameriana Bank and Trust, New Castle, North County Savings Bank, Red Bud, Chicago, Illinois Indiana Illinois Foster Bank, Chicago, Illinois AmericanTrust FSB, Peru, Indiana First Crawford State Bank, Robinson, State Bank of Countryside, Countryside, Mid-Southern Savings Bank, FSB, Illinois Salem, Indiana Illinois American Bank and Trust Company, First Savings Bank, Danville, Illinois Spencer County Bank, Santa Claus, Rock Island, Illinois Indiana Clover Leaf Bank, Edwardsville, Illinois Stillman BancCorp, N.A., Rockford, Effingham State Bank, Effingham, Jackson County Bank, Seymour, Indiana Illinois Shelby County Bank, Shelbyville, Illinois First Savanna Savings Bank, Savanna, Indiana Illinois Community Bank, Effingham, Illinois Sobieski Bank, South Bend, Indiana Illinois First State Bank of Shannon-Polo, Security Federal Bank, FSB, St. John, Washington Savings Bank, Effingham, Shannon, Illinois Indiana Illinois Security Bank, sb, Springfield, Illinois Terre Haute Savings Bank, Terre Haute, Elgin Financial Savings Bank, Elgin, UmbrellaBank, FSB, Summit, Illinois Indiana Illinois The National Bank & Trust Company of Frances Slocum Bank, Wabash, Indiana First American Bank, Elk Grove Village, Sycamore, Sycamore, Illinois Homestead Savings Bank, FSB, Albion, Illinois Alpha Community Bank, Toluca, Michigan Forest Park National Bank & Trust Illinois Ann Arbor Commerce Bank, Ann Arbor, Company, Forest Park, Illinois Villa Park Trust & Savings Bank, Villa Michigan Harris Bank Frankfort, Frankfort, Illinois Park, Illinois Charlevoix State Bank, Charlevoix, Union Savings Bank, Freeport, Illinois Citizens First State Bank, Walnut, Michigan Central Bank Illinois, Geneseo, Illinois Illinois Dearborn Federal Savings Bank, Bank of Gibson City, Gibson City, The Hill Dodge Banking Company, Dearborn, Michigan Illinois Warsaw, Illinois Financial Health Credit Union, East Northside Community Bank, Gurnee, State Bank of Waterloo, Waterloo, Lansing, Michigan Illinois Illinois Firstbank-Lakeview, Lakeview, UnionBank/Northwest, Hanover, Illinois Cardunal Savings Bank, FSB, West Michigan Parkway Bank & Trust Company, Dundee, Illinois State Employees Credit Union, Lansing, Harwood Heights, Illinois First American Credit Union, Beloit, Michigan North Central Bank, Hennepin, Illinois Wisconsin Independent Bank South Michigan, State Bank of Herscher, Herscher, Jackson County Bank, Black River Falls, Leslie, Michigan Illinois Wisconsin State Savings Bank, Manistique, First State Bank of Heyworth, Heyworth, State Bank of Cross Plains, Cross Plains, Michigan Illinois Wisconsin
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State Financial Bank, National Mount Vernon Bank, and Trust ProGrowth Bank, Nicollet, Minnesota Association, Hales Corners, Company, Mount Vernon, Iowa Midwest Bank NA, Parkers Prairie, Wisconsin Community Bank, Muscatine, Iowa Minnesota AM Community Credit Union, Kenosha, Horizon Federal Savings Bank, First National Bank of Pine City, Pine Wisconsin Oskaloosa, Iowa City, Minnesota Time Federal Savings Bank, Medford, First National Bank Midwest, Premier Bank Rochester, Rochester, Wisconsin Oskaloosa, Iowa Minnesota M&I Marshall & Ilsley Bank, Milwaukee, Pella State Bank, Pella, Iowa Citizens State Bank of Roseau, Roseau, Wisconsin First State Bank, Riceville, Iowa Minnesota Marine Bank, Pewaukee, Wisconsin Peoples Bank, Rock Valley, Iowa Bremer Bank, N.A., St. Cloud, Community Bank Spring Green & Plain, Union State Bank, Rockwell City, Iowa Minnesota Spring Green, Wisconsin Rolfe State Bank, Rolfe, Iowa St. James Federal Savings and Loan Tomahawk Community Bank SSB, Security State Bank, Sheldon, Iowa Association, St. James, Minnesota Tomahawk, Wisconsin First Community Bank, Sidney, Iowa Liberty State Bank, St. Paul, Minnesota St. Ansgar State Bank, St. Ansgar, Iowa Nicollet County Bank of Saint Peter, St. Federal Home Loan Bank of Des Victor State Bank, Victor, Iowa Peter, Minnesota Moines—District 8 Washington State Bank, Washington, Farmers State Bank of Trimont, Peoples Trust & Savings Bank, Adel, Iowa Trimont, Minnesota Iowa Citizens State Bank, Waukon, Iowa The First National Bank of Walker, Security State Bank, Anamosa, Iowa Iowa State Bank, West Bend, Iowa Walker, Minnesota State Savings Bank, Baxter, Iowa GuideOne Life Insurance Company, Roundbank, Waseca, Minnesota Farmers Trust and Savings Bank, West Des Moines, Iowa Community Bank Winsted, Winsted, Buffalo Center, Iowa GuideOne Mutual Insurance Company, Minnesota Linn Area Credit Union, Cedar Rapids, West Des Moines, Iowa First Independent Bank of Wood Lake, Iowa GuideOne Specialty Insurance Wood Lake, Minnesota United Security Savings Bank, F.S.B., Company, West Des Moines, Iowa Citizens Bank of Amsterdam, Cedar Rapids, Iowa Wilton Savings Bank, Wilton, Iowa Amsterdam, Missouri Citizens State Bank, Clarinda, Iowa Sterling State Bank, Austin, Minnesota Bank of Jacomo, Blue Springs, Missouri Clear Lake Bank & Trust Company, White Rock Bank, Cannon Falls, Community State Bank of Bowling Clera Lake, Iowa Minnesota Green, Bowling Green, Missouri Gateway State Bank, Clinton, Iowa Currie State Bank, Currie, Minnesota Pony Express Bank, Braymer, Missouri Mississippi County Savings & Loan Cresco Union Savings Bank, Cresco, State Bank of Danvers, Danvers, Association,Charleston, Missouri Iowa Minnesota CSB Bank, Claycomo, Missouri Denver Savings Bank, Denver, Iowa State Bank of Delano, Delano, Citizens Union State Bank and Trust, DeWitt Bank & Trust Company, DeWitt, Minnesota Clinton, Missouri Iowa Voyager Bank, Eden Prairie, Minnesota First National Bank & Trust, Columbia, Premier Bank, Dubuque, Iowa Inter Savings Bank, fsb, Edina, Missouri Liberty Trust and Savings Bank, Durant, Minnesota Meramec Valley Bank, Ellisville, Iowa Stearns Bank Evansville, NA, Missouri Evansville, Minnesota Farmers Trust & Savings Bank, Earling, New Era Bank, Fredericktown, Missouri Iowa 1st United Bank, Faribault, Minnesota Bank Star One, Fulton, Missouri Hardin County Savings Bank, Eldora, Border State Bank of Greenbush, America Loan and Savings Association, Iowa Greenbush, Minnesota Hannibal, Missouri Peoples State Bank, Elkader, Iowa Citizens State Bank of Hayfield, The Central Trust Bank, Jefferson City, Bank Plus Estherville, Iowa Hayfield, Minnesota Missouri NorthStar Bank, Estherville, Iowa Farmers State Bank of Hoffman, Macon-Atlanta State Bank, Macon, Fort Madison Bank & Trust Company, Hoffman, Minnesota Missouri Fort Madison, Iowa Fortress Bank National Association, Regional Missouri Bank, Marceline, Security Savings Bank, Gowrie, Iowa Houston, Minnesota Missouri Midstates Bank, NA, Harlan, Iowa Security State Bank of Howard Lake, Nodaway Valley Bank, Maryville, Hills Bank and Trust Company, Hills, Howard Lake, Minnesota Missouri Iowa Key Community Bank, Inver Grove Independent Farmers Bank, Maysville, First State Bank, Huxley, Iowa Heights, Minnesota Missouri First State Bank, Ida Grove, Iowa First Security Bank—Lake Benton, Lake Heritage State Bank, Nevada, Missouri Peoples Savings Bank, Indianola, Iowa Benton, Minnesota Southwest Community Bank, Ozark, Iowa Falls State Bank, Iowa Falls, Iowa Lake City Federal Savings and Loan Missouri Kerndt Brothers Savings Bank, Lansing, Association, Lake City, Minnesota Palmyra State Bank, Palmyra, Missouri Iowa Lake Area Bank, Lindstrom, Minnesota Farley State Bank, Parkville, Missouri Libertyville Savings Bank, Libertyville, Wells Fargo, MN N.A., Minneapolis, Perry State Bank, Perry, Missouri Iowa Minnesota Citizens Community Bank, Pilot Grove, First State Bank, Lynnville, Iowa Bayside Bank, Minnetonka, Minnesota Missouri First National Bank, Manning, Iowa First National Bank of Moose Lake, Farmers Bank of Portageville, Valley Bank & Trust, Mapleton, Iowa Moose Lake, Minnesota Portageville, Missouri Maquoketa State Bank, Maquoketa, Iowa United Prairie Bank, Mountain Lake, Pulaski Bank, Saint Louis, Missouri Maynard Savings Bank, Maynard, Iowa Minnesota Bank of Salem, Salem, Missouri Union State Bank, Monona, Iowa American Bank of the North, Nashwauk, The Merchants & Farmers Bank of Citizens State Bank, Monticello, Iowa Minnesota Salisbury, Salisbury, Missouri Wayland State Bank, Mount Pleasant, State Bank of New Prague, New Prague, Community Bank of Pettis County, Iowa Minnesota Sedalia, Missouri
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Empire Bank, Springfield, Missouri Citizens Bank & Trust Company, FirstBank of Avon, Avon, Colorado Liberty Bank, Springfield, Missouri Louisville, Mississippi Canon National Bank, Canon City, Signature Bank, Springfield, Missouri Quitman Tri-County Federal Credit Colorado Bank Star of the Bootheel, Steele, Union, Marks, Mississippi Ent Federal Credit Union, Colorado Missouri Community First National Bank, Las Springs, Colorado The Tipton Latham Bank, N.A., Tipton, Cruces, New Mexico First State Bank, Colorado Springs, Missouri Pioneer Bank, Roswell, New Mexico Colorado Springs, Colorado Bank of Washington, Washington, First National Bank of Santa Fe, Santa Peoples National Bank Colorado, Missouri Fe, New Mexico Colorado Springs, Colorado West Plains Savings and Loan Liberty Bank, SSB, Austin, Texas Citizens State Bank, Cortez, Colorado Association, West Plains, Missouri International Bank of Commerce, Guaranty Bank and Trust Company, First and Farmers Bank, Portland, North Brownsville, Texas Denver, Colorado First American Bank Texas, SSB, Bryan, Dakota The State Bank, Rocky Ford, Colorado Texas First International Bank & Trust, FirstBank of Vail, Vail, Colorado American Bank, NA, Corpus Christi, Community State Bank, Coffeyville, Watford City, North Dakota Texas Wells Fargo South Dakota, Sioux Falls, Bluebonnet Savings Bank FSB, Dallas, Kansas South Dakota Texas Conway Bank, NA, Conway Springs, Kansas Federal Home Loan Bank of Dallas— Guaranty Bank, Dallas, Texas The City State Bank, Fort Scott, Kansas District 9 State Bank and Trust Company, Dallas, Dallas, Texas The Liberty Savings Association, FSA, Southbank, A Federal Savings Bank, The Bank & Trust, Del Rio, Texas Fort Scott, Kansas Huntsville, Alabama Western Bank and Trust, Duncanville, First FS&LA, Independence, Kansas Community Bank, Cabot, Arkansas Texas First National Bank, Independence, Farmers Bank and Trust Company, Bank of the West, El Paso, Texas Kansas Clarksville, Arkansas Government Employees Credit Union, MidAmerican Bank & Trust Company, First State Bank, Conway, Arkansas El Paso, Texas na, Leavenworth, Kansas Bank of Eureka Springs, Eureka Springs, OmniBank, N.A., Houston, Texas Kansas State Bank of Manhattan, Arkansas Houston Savings Bank, fsb, Houston, Manhattan, Kansas McIlroy Bank & Trust, Fayetteville, Texas Stockgrowers State Bank, Maple Hill, Arkansas New Era Life Insurance Company, Kansas First National Bank of Fort Smith, Houston, Texas Citizens State Bank of Marysville, Arkansas, Fort Smith, Arkansas Southwest Bank of Texas, N.A., Marysville, Kansas Peoples Bank of Imboden, Imboden, Houston, Texas First Bank of Medicine Lodge, Medicine Arkansas The First National Bank of Hughes Lodge, Kansas Bank of Lake Village, Lake Village, Springs, Hughes Springs, Texas Montezuma State Bank, Montezuma, Arkansas Village Bank and Trust Company, Inc., Kansas Bank of the Ozarks, Little Rock, Lakeway, Texas Kansas State Bank, Overbrook, Kansas International Bank of Commerce, Arkansas 1st Financial Bank, Overland Park, First State Bank, Lonoke, Arkansas Laredo, Texas First State Bank, Moulton, Texas Kansas Union Bank of Mena, Mena, Arkansas Liberty Bank, North Richland Hills, First National Bank in Pratt, Pratt, First Bank of Montgomery County, Texas Kansas Mount Ida, Arkansas Interstate Bank, ssb, Perryton, Texas Rose Hill Bank, Rose Hill, Kansas Newport Federal Savings Bank, Cypress Bank, FSB, Pittsburg, Texas The Bennington State Bank, Salina, Newport, Arkansas Community Credit Union, Plano, Texas Kansas First State Bank, Parkin, Arkansas First National Bank in Quanah, Quanah, First National Bank of Scott City, Scott First Arkansas Valley Bank, Russellville, Texas City, Kansas Arkansas Benchmark Bank, Quinlan, Texas Security State Bank, Scott City, Kansas Bank of Salem, Salem, Arkansas Peoples State Bank, Rocksprings, Texas Centera Bank, Sublette, Kansas First Security Bank, Searcy, Arkansas Crockett National Bank, San Angelo, First Federal Savings & Loan Simmons First Bank of Searcy, Searcy, Texas Association of WaKeeney, WaKeeney, Arkansas Texas State Bank, San Angelo, Texas Kansas Springdale Bank & Trust, Springdale, Frost National Bank, San Antonio, First National Bank of Wamego, Arkansas Texas Wamego, Kansas The Bank of Yellville, Yellville, State Bank & Trust of Seguin, Texas, Kaw Valley State Bank, Wamego, Arkansas Seguin, Texas Kansas Fidelity Bank & Trust Company, Baton Cedar Creek Bank, Seven Points, Texas Fidelity Bank, Wichita, Kansas Rouge, Louisiana Citizens Bank, Slaton, Texas First National Bank and Trust of Globe Homestead FSA, Metairie, Texas National Bank, Tomball, Texas First National Bank of Olney, Trinity, Fullerton, Fullerton, Nebraska Louisiana Texas Geneva State Bank, Geneva, Nebraska State-Investors Bank, Metairie, Southside Bank, Tyler, Texas Equitable Federal Savings Bank of Louisiana First Victoria National, Victoria, Texas Grand Island, Grand Island, Nebraska Home Federal Savings and Loan TexasBank, Weatherford, Texas Home FS&LA of Grand Island, Association, Shreveport, Louisiana International Bank of Commerce, Nebraska, Grand Island, Nebraska Citizens Bank and Trust Company of Zapata, Texas Harvard State Bank, Harvard, Nebraska Vivian, LA, Inc., Vivian, Louisiana Hershey State Bank, Hershey, Nebraska Cleveland Community Bank, s.s.b., Federal Home Loan Bank of Topeka— Nebraska National Bank, Kearney, Cleveland, Mississippi District 10 Nebraska First Federal Bank for Savings, Gateway Credit Union, Aurora, Platte Valley State Bank and Trust Columbia, Mississippi Colorado Company, Kearney, Nebraska
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Bank of Keystone, Keystone, Nebraska La Jolla Bank, F.S.B., Escondido, United Savings and Loan Bank, Seattle, Home FS&LA of Nebraska, Lexington, California Washington Nebraska Eastern International Bank, Los Angeles, Viking Community Bank, Seattle, Lincoln Federal Savings Bank of California Washington Nebraska, Lincoln, Nebraska Chevron Federal Credit Union, Oakland, Wheatland Bank, Spokane, Washington Security Federal Savings, Lincoln, California Sound Banking Company, Tacoma, Nebraska Wescom Credit Union, Pasadena, Washington Sherman County Bank, Loup City, California TAPCO Credit Union, Tacoma, Nebraska Summit State Bank, Rohnert Park, Washington First National Bank Northeast, Lyons, California Banner Bank, Walla Walla, Washington Nebraska California Bank and Trust, San Diego, Security First Bank, Cheyenne, The Bank of Madison, Madison, California Wyoming Nebraska San Diego County Credit Union, San Cowboy State Bank, Ranchester, Madison County Bank, Madison, Diego, California Wyoming Nebraska United Commercial Bank, San First State Bank of Thermopolis, BankFirst, Norfolk, Nebraska Francisco, California Thermopolis, Wyoming First National Bank, North Platte, North Patelco Credit Union, San Francisco, Platte, Nebraska California II. Public Comments Nebraskaland National Bank, North Luther Burbank Savings, Santa Rosa, To encourage the submission of Platte, Nebraska California public comments on the community Pender State Bank, Pender, Nebraska Community Banks of Tracy, Tracy, support performance of Bank members, Midwest Bank, N.A., Pierce, Nebraska California on or before April 28, 2003, each Bank Yolo Community Bank, Woodland, The Ravenna Bank, Ravenna, Nebraska will notify its Advisory Council and California Sidney Federal Savings & Loan nonprofit housing developers, Redding Bank of Commerce, Yuba City, Association, Sidney, Nebraska community groups, and other interested California Dakota County State Bank, South Sioux parties in its district of the members City, Nebraska Federal Home Loan Bank of Seattle— selected for community support review Springfield State Bank, Springfield, District 12 in the 2002–03 fifth quarter review Nebraska cycle. 12 CFR 944.2(b)(2)(ii). In Bank of St. Edward, St. Edward, Wells Fargo, Anchorage, Alaska First Bank, Ketchikan, Alaska reviewing a member for community Nebraska Central Pacific Bank, Honolulu, Hawaii support compliance, the Finance Board Tecumseh Building and Loan Territorial Savings and Loan Assn, will consider any public comments it Association, Tecumseh, Nebraska Honolulu, Hawaii has received concerning the member. 12 First National Bank Utica NE, Utica, Farmers and Merchants State Bank, CFR 944.2(d). To ensure consideration Nebraska Boise, Idaho by the Finance Board, comments Farmers State Bank, Wallace, Nebraska Home FS&LA of Nampa, Nampa, Idaho concerning the community support Saline State Bank, Wilber, Nebraska Valley Bank of Helena, Helena, Montana performance of members selected for the Citizens National Bank of Wisner, American Bank of Montana, Livington, 2002–03 fifth quarter review cycle must Wisner, Nebraska Montana be delivered to the Finance Board on or 66 Federal Credit Union, Bartlesville, LibertyBank, Eugene, Oregon before the May 26, 2003 deadline for Oklahoma NW Community Credit Union, Eugene, submission of Community Support Bank of Cordell, Cordell, Oklahoma Oregon Statements. Bank of Hydro, Hydro, Oklahoma Chetco Federal Credit Union, Harbor, Dated: April 7, 2003. Armstrong Bank, Muskogee, Oklahoma Oregon Citizens State Bank, Okemah, Oklahoma West Coast Bank, Lake Oswego, Oregon Arnold Intrater, First Enterprise Bank, Oklahoma City, Premier West Bank, Medford, Oregon General Counsel. Oklahoma McKay Dee Hospital Credit Union, [FR Doc. 03–9020 Filed 4–11–03; 8:45 am] Union Bank, NA, Oklahoma City, Ogden, Utah BILLING CODE 6725–01–P Oklahoma Centennial Bank, Ogden, Utah The First National Bank of Texhoma, American Investment Bank, Salt Lake Texhoma, Oklahoma City, Utah FEDERAL RESERVE SYSTEM Community Bank & Trust Company, Mountain America Credit Union, Salt Tulsa, Oklahoma Lake City, Utah Formations of, Acquisitions by, and Energy One Federal Credit Union, Zions First National Bank, Salt Lake Mergers of Bank Holding Companies Tulsa, Oklahoma City, Utah Grand Lake Bank, Tulsa, Oklahoma Kitsap Community FCU, Bremerton, The companies listed in this notice First Bank & Trust Company, Wagoner, Washington have applied to the Board for approval, Oklahoma State Bank of Concrete, Concrete, pursuant to the Bank Holding Company Weleetka State Bank, Weleetka, Washington Act of 1956 (12 U.S.C. 1841 et seq.) Oklahoma Washington State Bank NA, Federal (BHC Act), Regulation Y (12 CFR Part Canadian State Bank, Yukon, Oklahoma Way, Washington 225), and all other applicable statutes Issaquah Bank, Issaquah, Washington and regulations to become a bank Federal Home Loan Bank of San First Community Bank of Washington, holding company and/or to acquire the Francisco—District 11 Lacey, Washington assets or the ownership of, control of, or BankUSA, fsb, Phoenix, Arizona Spokane Teachers Credit Union, Liberty the power to vote shares of a bank or Fremont Investment & Loan, Anaheim, Lake, Washington bank holding company and all of the California Cowlitz Bank, Longview, Washington banks and nonbanking companies Vista Federal Credit Union, Burbank, Heritage Savings Bank, Olympia, owned by the bank holding company, California Washington including the companies listed below.
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The applications listed below, as well Performance as a Function of Parental understanding, prevention, or as other related filings required by the History of Alcohol Abuse/Dependence.’’ alleviation of a serious problem Board, are available for immediate The proposed research would be affecting the health or welfare of inspection at the Federal Reserve Bank supported by a grant awarded by the children; (ii) the research will be indicated. The application also will be National Institutes of Health, National conducted in accordance with sound available for inspection at the offices of Institute on Alcohol Abuse and ethical principles; and (iii) adequate the Board of Governors. Interested Alcoholism. Public review and provisions are made for soliciting the persons may express their views in comment are solicited regarding the assent of children and the permission of writing on the standards enumerated in proposed research protocol pursuant to their parents or guardians, as set forth the BHC Act (12 U.S.C. 1842(c)). If the the requirements of HHS regulations at in 45 CFR 46.408. proposal also involves the acquisition of 45 CFR 46.407. HHS received a request from the a nonbanking company, the review also DATES: To be considered, written or Lifespan Office of Research includes whether the acquisition of the electronic comments on the proposed Administration, Rhode Island Hospital, nonbanking company complies with the research must be received on or before to review a protocol entitled ‘‘Effects of standards in section 4 of the BHC Act 4:30 p.m. May 29, 2003. Evening Ingestion of Alcohol on Sleep, (12 U.S.C. 1843). Unless otherwise ADDRESSES: Submit written comments Circadian Phase, and Performance as a noted, nonbanking activities will be to: Ms. Kelley Booher, Division of Function of Parental History of Alcohol conducted throughout the United States. Policy, Planning, and Special Projects, Abuse/Dependence’’ pursuant to the Additional information on all bank Office for Human Research Protections, provisions of HHS regulations at 45 CFR holding companies may be obtained 1101 Wootton Parkway, Suite 200, The 46.407. This research protocol proposes from the National Information Center Tower Building, Rockville, MD 20852, to study the effects of a small or website at www.ffiec.gov/nic/. telephone number (301) 402–5942 (not moderate evening dose of alcohol on Unless otherwise noted, comments a toll-free number). Comments also may sleep, waking performance, and regarding each of these applications be sent via facsimile at (301) 402–0527 circadian phase in a total of 64 must be received at the Reserve Bank or by e-mail to: adolescents (15 to 16 years of age) and indicated or the offices of the Board of [email protected]. young adults (21 to 22 years of age), and Governors not later than May 8, 2003. examine how the effects may differ A. Federal Reserve Bank of Kansas FOR FURTHER INFORMATION CONTACT: Dr. between individuals who have a parent City (Susan Zubradt, Assistant Vice Leslie K. Ball, Office for Human with a history of alcohol dependence President) 925 Grand Avenue, Kansas Research Protections, The Tower and those who do not. The research City, Missouri 64198–0001: Building, 1101 Wootton Parkway, Suite protocol is proposed to take place at E.P. 1. Central Financial Corporation, 200, Rockville, MD 20852; telephone Bradley Hospital, an affiliate of Hutchinson, Kansas; to acquire up to (301) 496–7005; fax (301) 402–0527; e- Lifespan, the parent corporation of 7.45 percent of the voting shares of mail [email protected]. Rhode Island Hospital, and was Royal Palm Bank of Florida, Naples, SUPPLEMENTARY INFORMATION: All reviewed by the Rhode Island Hospital Florida. studies conducted or supported by HHS IRB. The Rhode Island Hospital IRB is which are not otherwise exempt and Board of Governors of the Federal Reserve the IRB of record for E.P. Bradley System, April 8, 2003. which propose to involve children as Hospital. subjects require institutional review Robert deV. Frierson, After reviewing this research board (IRB) review in accordance with proposal, the Rhode Island Hospital IRB Deputy Secretary of the Board. the provisions of HHS regulations for determined that this study involving [FR Doc. 03–9000 Filed 4–11–03; 8:45 am] the protection of human subjects at 45 children as research subjects could not BILLING CODE 6210–01–S CFR part 46, subpart D. Pursuant to be approved under HHS regulations at HHS regulations at 45 CFR 46.407, if an 45 CFR 46.404, 46.405, or 46.406, but IRB reviewing a protocol to be was suitable for review under 45 CFR DEPARTMENT OF HEALTH AND conducted or supported by HHS does 46.407. The Rhode Island Hospital IRB HUMAN SERVICES not believe that the proposed research found that the research presented a involving children as subjects meets the reasonable opportunity to further the Solicitation of Public Review and requirements of HHS regulations at 45 understanding, prevention or alleviation Comment on Research Protocol: CFR 46.404, 46.405, or 46.406, the of a serious problem affecting the health Alcohol, Sleep, and Circadian Rhythms research may proceed only if the or welfare of children. Experts in in Young Humans, Study 2—Effects of following conditions are met: (a) the IRB relevant disciplines have reviewed this Evening Ingestion of Alcohol on Sleep, finds and documents that the research protocol and each have provided Circadian Phase, and Performance as presents a reasonable opportunity to recommendations to the Secretary. a Function of Parental History of further the understanding, prevention, Public review and comment are hereby Alcohol Abuse/Dependence or alleviation of a serious problem solicited pursuant to the requirements AGENCY: Department of Health and affecting the health or welfare of of 45 CFR 46.407. The Secretary will Human Services, Office of the Secretary, children; and (b) the Secretary, after consider the experts’ recommendations Office of Public Health and Science, consultation with a panel of experts in and the public comments in making a Office for Human Research Protections. pertinent disciplines (for example: final determination regarding whether ACTION: Notice. science, medicine, education, ethics, HHS may support this research. law) and following opportunity for In particular, comments are solicited SUMMARY: The Office for Human public review and comment, determines on the following questions: (1) What are Research Protections (OHRP), Office of either: (1) that the research in fact the potential benefits of the research, if Public Health and Science, HHS is satisfies the conditions of 45 CFR any, to the subjects and to children in soliciting public review and comment 46.404, 46.405, or 46.406, or (2) that the general; (2) what are the types and on a proposed research protocol entitled following conditions are met: (i) the degrees of risk that this research ‘‘Effects of Evening Ingestion of Alcohol research presents a reasonable presents to the subjects; (3) are the risks on Sleep, Circadian Phase, and opportunity to further the to the subjects reasonable in relation to
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the anticipated benefits, if any, to the Dated: April 7, 2003. burden of the collection of information subjects, and the importance of the Richard H. Carmona, on respondents, including through the knowledge that may reasonably be Surgeon General and Acting Assistant, use of automated collection techniques expected to result; and (4) does the Secretary for Health. or other forms of information research present a reasonable [FR Doc. 03–9051 Filed 4–11–03; 8:45 am] technology. Send comments to Anne opportunity to further the BILLING CODE 4150–36–P O’Connor, CDC Assistant Reports understanding, prevention, or Clearance Officer, 1600 Clifton Road, alleviation of a serious problem MS-D24, Atlanta, GA 30333. Written affecting the health or welfare of DEPARTMENT OF HEALTH AND comments should be received within 60 children? HUMAN SERVICES days of this notice. Proposed Project: Importation and All written comments concerning this Centers for Disease Control and Shipping of Etiologic Agents (42 CFR matter should be submitted to Ms. Prevention 71.54 and part 72) OMB Control No. Kelley Booher, Division of Policy, 0920–0199—Extension—Office of the Planning, and Special Projects, Office [60 Day–03–58] Director (OD), Centers for Disease for Human Research Protections, 1101 Proposed Data Collections Submitted Control and Prevention (CDC). Wootton Parkway, Suite 200, The Tower for Public Comment and The importation of etiological agents, Building, Rockville, MD 20852, Recommendations hosts, and vectors of human disease are telephone number (301) 402–5942 (not regulated by 42 CFR 71.54 and requires a toll-free number). Comments also may In compliance with the requirement that the importation of such materials be sent via facsimile at (301) 402–2071 of section 3506(c)(2)(A) of the must be accompanied by a permit or by e-mail to: Paperwork Reduction Act of 1995 for issued by the CDC. Interstate shipment [email protected]. opportunity for public comment on of etiologic agents are regulated by 42 Materials available for review on the proposed data collection projects, the CFR part 72. This regulation establishes Centers for Disease Control and minimal packaging requirements for all OHRP web page (available at: http:// Prevention (CDC) will publish periodic viable micro-organisms, illustrates the ohrp.osophs.dhhs.gov/panels/407– summaries of proposed projects. To appropriate shipping label, and 01pnl/pindex.htm) include: relevant request more information on the provides reporting instructions sections of the grant application; sample proposed projects or to obtain a copy of regarding damaged packages and failure consent, parental permission and assent the data collection plans and to receive a shipment. This request is for documents; the Rhode Island Hospital instruments, call the CDC Reports the information collection requirements IRB’s deliberations on the protocol; an Clearance Officer on (404) 498–1210. contained in 42 CFR 71.54, 72.3(e), explanation of Rhode Island Hospital’s Comments are invited on: (a) Whether 72.3(f), and 72.4 which relate to the Pediatric Risk Categories; and OHRP’s the proposed collection of information importation and interstate shipment of January 13, 2003, letter to the principal is necessary for the proper performance etiologic agents. Respondents include investigator, Dr. Mary Carskadon, of the functions of the agency, including laboratory facilities such as those explaining why review pursuant to whether the information shall have operated by government agencies, 46.407 is restricted to Study 2. A paper practical utility; (b) the accuracy of the universities, research institutions, and copy of the information referenced here agency’s estimate of the burden of the commercial entities. The only cost to is available upon request. proposed collection of information; (c) respondents is their time to complete ways to enhance the quality, utility, and the application for permit to import clarity of the information to be form and report problems with collected; and (d) ways to minimize the shipment of etiologic agents.
Number of re- CFR section Number of sponses per Avg. burden per Total burden hours respondents respondent response (in hrs.)
72.54 Application Permit ...... 2,000 1 20/60 666 72.3(e) Damaged Package ...... 50 1 6/60 5 72.3(f) Shipping Requirement ...... 200 10 12/60 400 72.4 Failure to Receive ...... 20 1 12/60 4
Total ...... 2,270 ...... 1,075
Dated: April 7, 2003. DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995 for Thomas Bartenfeld, HUMAN SERVICES opportunity for public comment on Acting Associate Director for Policy, Planning proposed data collection projects, the and Evaluation, Centers for Disease Control Centers for Disease Control and Centers for Disease Control and and Prevention. Prevention Prevention (CDC) will publish periodic [FR Doc. 03–9018 Filed 4–11–03; 8:45 am] summaries of proposed projects. To [60-Day–03–59] request more information on the BILLING CODE 4163–18–P proposed projects or to obtain a copy of Proposed Data Collections Submitted the data collection plans and for Public Comment and instruments, call the CDC Reports Recommendations Clearance Officer on (404) 498–1210. In compliance with the requirement Comments are invited on: (a) Whether of section 3506(c)(2)(A) of the the proposed collection of information
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is necessary for the proper performance need an additional 45 minutes for each certificate of registration. The estimated of the functions of the agency, including additional investigator or select agent. time to gather the information and whether the information shall have This is an increase of 1 hour, 45 minutes submit this notification is 30 minutes. practical utility; (b) the accuracy of the over the previous form due to new An entity may also apply to the agency’s estimate of the burden of the reporting requirements for security and Secretary for an expedited review of an proposed collection of information; (c) identification of those individuals the individual by the Attorney General. To ways to enhance the quality, utility, and entity has designated to have a apply for this expedited review, an clarity of the information to be legitimate need to handle or use such entity must submit a request in writing collected; and (d) ways to minimize the agents. to the Secretary establishing the need burden of the collection of information Facilities may amend their for such action. The estimated time to on respondents, including through the registration if any changes occur in the gather the information and submit this use of automated collection techniques information submitted to the Secretary. request is 30 minutes. Entities should be or other forms of information To apply for an amendment to a aware that CDC is not developing technology. Send comments to Anne certificate of registration, an entity must standardized forms to use in these O’Connor, CDC Assistant Reports obtain the relevant portion of the situations. Rather, the entity should Clearance Officer, 1600 Clifton Road, application package and submit the provide the information as requested in MS–D24, Atlanta, GA 30333. Written information requested in the package to the appropriate section of the comments should be received within 60 CDC. Estimated time to amend a regulation. days of this notice. registration package is 60 minutes. As part of the safety requirements of Proposed Project: Possession, Use, The Facility Notification Form must this regulation, the Responsible Official and Transfer of Select Agents and be completed by facilities whenever is required to conduct regular Toxins (OMB Control No. 0920–0576)— there is release of a select agent or theft inspections (at least annually) of the Extension—Office of the Director (OD), or loss of a select agent. This is a new laboratory where select agents and Centers for Disease Control and form. Estimated average time to toxins are stored. The results of these Prevention (CDC). complete this form is 60 minutes. inspections must be documented. CDC The Public Health Security and The Request for Exemption form will estimates that, on the average, such Bioterrorism Preparedness and be used by facilities that are using select documentation will take 1 hour. Response Act of 2002 (Pub. L. 107–188) agents in investigational new drug Also, as part of the safety specifies that the Secretary of Health testing or in cases of public health requirements of this regulation, the and Human Services shall provide for emergency. This is a new form. entity is required to record the identity the establishment and enforcement of Estimated average time to complete this of the individual trained, the date of standards and procedures governing the form is 70 minutes. training, and the means used to verify possession, use, and transfer of select The Transfer of Select Agent Form that the employee understood the biological agents and toxins. The Act will be used by facilities requesting training. Estimated time for this specifies that facilities that possess, use, transfer of a select agent to their documentation is 2 hours per principal and transfer select agents register with facilities and by the facility transferring investigator. the Secretary. The Secretary has the agent. This is a modification of an designated CDC as the agency existing form approved under OMB An entity or an individual may responsible for collecting this Control No. 0920–0199. Estimated request administrative review of a information. average time to complete this form is 1 decision denying or revoking either a CDC is requesting continued OMB hour, 45 minutes. This is an increase of certification of registration or approval approval to collect this information 75 minutes due to procedural changes. based on a security risk assessment. through the use of five separate forms. The Clinical and Diagnostic This request must be in writing within These forms are: (1) Application for Laboratory Exemption Report will be 30 calendar days after the adverse Registration; (2) Facility Notification used by clinical and diagnostic decision. This request should include a Form; (3) Request for Exemption; (4) laboratories to notify the Secretary that statement of the factual basis for the Transfer of Select Agent form; and (5) select agents identified as the result of review. CDC estimates the time to Clinical and Diagnostic Laboratory diagnosis or proficiency testing have prepare and submit such a request is 4 Reporting Form. been properly disposed of. This is a new hours. The Application for Registration will form. Estimated average time to Finally, an entity must implement a be used by facilities to register with complete this form is 60 minutes. system to ensure that certain records CDC. The Application for Registration In addition to the standardized forms, and databases are accurate and that the requests facility information, a list of this regulation also outlines situations authenticity of records may be verified. select agents in use, possession, or for in which an entity must notify or make The time to implement such a system is transfer by the facility, characterization a request of the Secretary in writing and estimated to average 4 hours. of the select agent, and laboratory CDC is requesting OMB approval to The cost to respondents is their time information. Estimated average time to collect this information. The regulation to complete the forms and comply with complete this form is 3 hours, 45 states that an entity must notify the the reporting and recordkeeping minutes for an entity with one principal Secretary in writing at least five components of the Act plus a one-time investigator working with one select business days before destroying all purchase of a file cabinet (estimated cost agent. CDC estimates that entities will select agent or toxin covered by a $400) to maintain records.
CFR Number of Responses per Avg burden per Total annual reference Data collection respondents respondent response (in hrs.) burden (in hrs.)
73.7(b) ..... Registration application ...... 1,000 1 3.75 6,262 73.7(e) ..... Amendment to registration application ...... 1,000 2 1 2,000 73.17 Notification form ...... 10 1 1 10 (a)(e).
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CFR Number of Responses per Avg burden per Total annual reference Data collection respondents respondent response (in hrs.) burden (in hrs.)
73.6 (c–e) Request for exemption ...... 17 1 70/60 20 73.14 ...... Transfer of select agent ...... 1,000 5 1.75 8,750 73.6 (a)(2) Clinical and diagnostic laboratory exemp- 1,000 4 1 4,000 tion report. 73.7(i) ...... Notification of inactivation ...... 6 1 30/60 3 73.8(g) ..... Request expedited review ...... 6 1 30/60 3 73.10(b) ... Documentation of self-inspection ...... 1,000 1 1 1,000 73.13(f) .... Documentation of training ...... 1,000 1 2 8,700 73.18 ...... Administrative review ...... 14 1 4 56 73.15(d) ... Ensure secure recordkeeping system ...... 1,000 1 30/60 4,000
Total ...... 1,000 ...... 34,804
Dated: April 7, 2003. and other comments should be patients not improved by estrogen Thomas Bartenfeld, identified with Docket No. 76N–0377 alone.’’ Acting Associate Director for Policy, Planning and submitted to the Dockets In the Federal Register of December and Evaluation, Centers for Disease Control Management Branch (HFA–305), Food 17, 1998 (63 FR 69631), FDA withdrew and Prevention. and Drug Administration, 5630 Fishers approval of estrogen-containing drugs [FR Doc. 03–9019 Filed 4–11–03; 8:45 am] Lane, rm. 1061, Rockville, MD 20852. A insofar as they are indicated for BILLING CODE 4163–18–P request for an opinion on the postpartum breast engorgement because applicability of this notice to a specific estrogens have not been shown to be drug product should be directed to the safe for this use. That Federal Register DEPARTMENT OF HEALTH AND Division of New Drugs and Labeling notice included, among others, four of HUMAN SERVICES Compliance (HFD–310), Center for Drug the five NDAs listed above. (NDA 11– Evaluation and Research, Food and 267 was not included because the drug Food and Drug Administration Drug Administration, 5600 Fishers product covered by that application, [Docket Nos. 78N–0377 and 98P–1041; DESI Lane, Rockville, MD 20857. Halodrin Tablets, was not labeled for 7661] use for postpartum breast engorgement.) FOR FURTHER INFORMATION CONTACT: Given this December 17, 1998 notice, David T. Read, Center for Drug Certain Estrogen-Androgen the following discussion relates only to Evaluation and Research (HFD–7), Food Combination Drugs; Drugs for Human the second indication found safe and Use; Drug Efficacy Study and Drug Administration, 5600 Fishers effective in the 1972 notice, i.e., ‘‘for the Implementation; Amendment and Lane, Rockville, MD 20857, 301–594– menopausal syndrome in patients not Opportunity for Hearing 2041. improved by estrogen alone.’’ SUPPLEMENTARY INFORMATION: In the Federal Register of September AGENCY: Food and Drug Administration, 29, 1976 (41 FR 43112), the agency HHS. I. Background announced that the menopausal ACTION: Notice. In a notice published in the Federal indication for combination drugs SUMMARY: The Food and Drug Register of September 8, 1972 (37 FR containing an estrogen and an androgen Administration (FDA) is amending a 18225), FDA announced its evaluation was revised to read as follows: previous Federal Register notice to of the various indications claimed for Moderate to severe vasomotor symptoms the following combination drugs that associated with the menopause in those reclassify certain estrogen-androgen patients not improved by estrogen alone. combination drugs as lacking contain an estrogen and an androgen: (There is no evidence that estrogens are substantial evidence of effectiveness for 1. Halodrin Tablets (NDA 11–267), effective for nervous symptoms or depression the treatment of moderate to severe containing fluoxymesterone and ethinyl which might occur during menopause, and vasomotor symptoms associated with estradiol; they should not be used to treat these the menopause in those patients not 2. Tylosterone Injection (NDA 8–099), conditions.) 41 FR 43112 at 43113. (emphasis improved by estrogen alone. The agency containing diethylstilbestrol and in original) This action was taken as one part of is taking this action because for this methyltestosterone; a large agency undertaking with respect indication there is not substantial 3. Tylosterone Tablets (NDA 7–661), to the labeling (patient-directed as well evidence of the contribution of each containing diethylstilbestrol and as physician-directed) for all estrogen- component to the effectiveness of these methyltestosterone; containing drug products. The following combination drugs. FDA is offering an 4. Tace with Androgen Capsules documents were also published in the opportunity for a hearing to persons (NDA 10–597), containing Federal Register of September 29, 1976: affected by this action. chlorotrianisene and (1) 41 FR 43110 (DESI 2238; Certain DATES: Requests for hearings are due on methyltestosterone; Preparations for Vaginal Use); (2) 41 FR or before May 14, 2003. Data in support 5. Deladumone Injection and 43114 (DESI 1543; Certain Estrogen- of hearing requests are due June 13, Deladumone OB Injection (NDA 9–545), Containing Drugs for Oral or Parenteral 2003. containing testosterone enanthate and Use); (3) 41 FR 43117 (DESI 740, 1543, ADDRESSES: Communications in estradiol valerate. 2238, and 7661; Physician Labeling and response to this notice should be As announced in that 1972 notice, Patient Labeling for Estrogens for identified with the reference number FDA found these drugs to be safe and General Use); and (4) 41 FR 43108 (a DESI 7661 and directed to the attention effective for the ‘‘prevention of proposed rule that would require certain of the appropriate office named below. postpartum breast engorgement and ‘‘for patient-directed labeling for estrogens A request for hearing, supporting data, the menopausal syndrome in those for general use).
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The five applications listed below (59 FR 9989), respectively. The agency improved by estrogen alone. The use of were approved on the basis of the 1976 withdrew approval of NDA 7–661 these combination drug products for any notice, and their approvals are (Tylosterone Tablets) and NDA 8–099 other use, including but not limited to withdrawn in a notice published (Tylosterone Injection), both containing the treatment of other menopausal elsewhere in today’s issue of the diethylstilbestrol and symptoms, will not be considered in Federal Register: methyltestosterone, and NDA 9–545 this proceeding. The effectiveness of 1. NDA 17–968 and ANDA 85–603 (Deladumone OB Injection and estrogen-androgen combination (testosterone cypionate 50 milligrams/ Deladumone Injection, each containing products for indications not covered by milliliter (mg/mL) and estradiol testosterone enanthate and estradiol this proceeding should be addressed cypionate 2 mg/mL injection). valerate) in a notice published in the through the new drug application 2. ANDA 85–860 and ANDA 86–423 Federal Register of October 29, 1998 (63 process. (testosterone enanthate 180 mg/mL and FR 58053). estradiol valerate 8 mg/mL injection). In response to the notice of October II. The Safety and Effectiveness of 3. ANDA 85–865 (testosterone 29, 1998, on November 24, 1998, Solvay Estrogen-Androgen Combination Drug enanthate 90 mg/mL and estradiol Pharmaceuticals submitted a citizen Products for the Treatment of valerate 4 mg/mL injection). petition (Docket No. 98P–1041) Vasomotor Symptoms Associated With In 1981, the Center for Drug requesting that FDA determine that the Menopause in Patients Not Improved Evaluation and Research (CDER) (then products covered by the three by Estrogen Alone the Bureau of Drugs) determined in applications withdrawn in the October The agency took a renewed interest in response to requests from the sponsors 21, 1998, notice were not withdrawn for estrogen-androgen combination drug that the effectiveness finding of the 1976 reasons of safety or effectiveness. As products when concerns were raised DESI 7661 Federal Register notice could FDA is doing for the five estrogen- about the effect of androgens in be applied to two combination drug androgen combination products whose lowering high-density lipoproteins products that were not listed in the 1976 approvals are being withdrawn in a (Refs. notice, but were being marketed at the notice published elsewhere in today’s 1 and 2). It is believed that oral time: (1) Conjugated estrogens and issue of the Federal Register, the agency androgens can reverse the favorable methyltestosterone and (2) esterified is deferring to the outcome of this impact of estrogen on lipoproteins (Ref. estrogens and methyltestosterone. Based proceeding to amend the 1976 notice 3). Other safety concerns were on this finding, FDA filed (i.e., accepted the determination of whether the for review) abbreviated new drug virilization (Refs. 4 and 5) and possible products covered by the three liver toxicity (Refs. 6, 7, and 8). applications (ANDAs) for these drug applications named in Solvay’s petition products. Wyeth-Ayerst submitted FDA concluded that the negative were withdrawn for reasons of safety or effects androgens may have on lipid ANDA 85–515 for a drug product effectiveness. If the proceeding to containing 0.625 mg conjugated profile may be offset by a potential amend the 1976 notice determines that positive effect on bone mineral density estrogens and 5 mg methyltestosterone, there is substantial evidence of (Refs. 1, 9, and 10). and ANDA 87–824 for a drug product effectiveness of the estrogen-androgen With respect to virilization (i.e., containing 1.25 mg conjugated estrogens combination products for the treatment hirsutism, acne, deepening of the voice, and 10 mg methyltestosterone. Reid- of moderate to severe vasomotor alopecia, and clitoromegaly), FDA Provident Laboratories (subsequently symptoms associated with the acquired by Solvay Pharmaceuticals, menopause in those patients not observed that the incidence varied Inc.) submitted ANDA 87–212 for a drug improved by estrogen alone, then the widely in clinical studies and appeared product containing 0.625 mg esterified products covered by the three to be dose and duration dependent. In estrogens and 1.25 mg applications named in Solvay’s petition, a 2–year trial of 33 women treated with methyltestosterone (Estratest H.S.), and as well as the five products referred to methyltestosterone 2.5 mg and esterified ANDA 87–597 for a drug product in a notice published elsewhere in estrogen 1.25 mg daily, 36 percent containing 1.25 mg esterified estrogens today’s issue of the Federal Register, reported a hair disorder and 30 percent and 2.5 mg methyltestosterone will be regarded as not withdrawn for reported acne (Ref. 1). In the same 2– (Estratest). reasons of effectiveness. year trial of 33 women treated with In 1996, FDA withdrew Wyeth- As mentioned previously, there are esterified estrogen 1.25 mg daily, 3 Ayerst’s two pending applications two pending ANDAs for Solvay’s percent reported a hair disorder and 6 under 21 CFR 314.65 because the Estratest and Estratest H.S., originally percent reported acne (Ref. 1). In applications had been inactive for many filed in 1981. However, as described in another trial at 24 months, 10 of the 154 years and Wyeth-Ayerst had stopped detail below, FDA no longer believes women treated with methyltestosterone marketing the products. Solvay that estrogen-androgen combination and esterified estrogens and 3 of the 157 continues to market Estratest and drug products are effective for the women treated with esterified estrogens Estratest H.S. The ANDAs for the treatment of moderate to severe reported hirsutism (Ref. 9). Estratest products have not been vasomotor symptoms associated with FDA does not believe there is a approved and are still pending. the menopause in those patients not serious risk for possible liver toxicity at FDA has withdrawn approval of all improved by estrogen alone. FDA, the relatively low doses of androgen five new drug applications (NDAs) therefore, has initiated this proceeding administered in standard oral estrogen- named in the 1972 and 1976 notices. to amend the DESI finding of androgen combination therapies (Refs. The agency withdrew approval of NDA effectiveness for these products. This 11, 12, and 13). 10–597 (Tace with Androgen Capsules proceeding is limited to a determination An agency review of the literature containing chlorotrianisene and of whether there is substantial evidence regarding safety concerns led to scrutiny methyltestosterone) and NDA 11–267 of the effectiveness of estrogen-androgen of the labeled indication, that is, (Halodrin Tablets containing combination drug products for the moderate to severe vasomotor symptoms fluoxymesterone and ethinyl estradiol) treatment of moderate to severe associated with the menopause in those in Federal Register notices of June 25, vasomotor symptoms associated with patients not improved by estrogen 1993 (58 FR 34466), and March 2, 1994 the menopause in those patients not alone.
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Estrogen-alone drug products are between the two treatments. The 15 Other authors affirm the conclusion approved for the treatment of moderate menopausal symptoms evaluated were that estrogen-androgen combination to severe vasomotor symptoms hot flushes, cold sweats, vaginal drug products are not superior to associated with the menopause. dryness, cold hands and feet, breast estrogen in reducing vasomotor Vasomotor symptoms associated with pain or tenderness, numbness and symptoms (Refs. 3, 20 through 23). the menopause are, simply put, ‘‘hot tingling, skin crawls, edema, increased Rosenberg summarized the evidence flushes.’’ A hot flush is a sudden feeling facial or body hair, voice deepening, concerning the alleviation of vasomotor of heat, usually on the face, neck, acne, trouble sleeping, pounding of the symptoms as follows: ‘‘Studies suggest shoulders, and chest. Hot flushes have heart, dizzy spells, and pressure or that estrogen is primarily responsible for been described as ‘‘recurrent, transient tightness in the head or body. A 2–year, reductions in vasomotor symptoms and periods of flushing, sweating, and a multicenter, double-blind, randomized, that the addition of androgen neither sensation of heat, often accompanied by parallel group study (Ref. 9) comparing improves nor detracts from this palpitation, feeling of anxiety, and the effects of 2 doses of conjugated beneficial effect’’ (Ref. 24, p. 400). sometimes followed by chills’’ (Ref. 14). equine estrogen and 2 doses of esterified III. FDA’s Conclusions Concerning the When hot flushes occur at night, they estrogen plus methyltestosterone in a Safety and Effectiveness of Estrogen- are often called night sweats. total of 311 surgically menopausal Androgen Combination Drug Products The indication for estrogen-androgen women found no differences among the combination drug products is limited to groups in relief of hot flashes, sweats, For the reasons discussed previously, that subset of women with ‘‘moderate to and vaginal dryness. FDA no longer regards combination severe vasomotor symptoms associated drug products containing estrogen(s) Clinical studies that evaluated the with the menopause’’ that are ‘‘not and androgen(s) as having been shown effect of estrogen-androgen combination improved by estrogen alone’’ (emphasis to be effective for the treatment of therapy specifically on hot flushes added). The precise wording of the moderate to severe vasomotor symptoms found that the combination does not indication quite narrowly defines the associated with the menopause in those reduce the frequency of vasomotor intended population. Thus, to be found patients not improved by estrogen symptoms more than estrogen alone. effective for this narrow indication, alone. The agency has closely examined Watts et al. (Ref. 1) compared treatment there would need to be reliable evidence the data and information that formed with esterified estrogens alone and that estrogen-androgen combination the basis for the 1976 finding that such treatment with esterified estrogens and products are effective in treating the combinations were effective for this population of menopausal women methyltestosterone in a 2–year, indication, as well as the subsequent whose vasomotor symptoms are not multicenter, double-blind, randomized, literature, and has determined that there relieved by estrogen alone. parallel group study conducted in 66 is a lack of substantial evidence that this FDA believes that substantial surgically menopausal women. The combination is effective for ‘‘moderate evidence is lacking that the addition of authors found no significant difference to severe vasomotor symptoms an androgen can improve the in the mean reduction from baseline in associated with the menopause in those effectiveness of estrogen alone in the the number of hot flushes between the patients not improved by estrogen treatment of vasomotor symptoms (i.e., two groups. Sarrel et al. (Ref. 17) found alone.’’ hot flushes). An early randomized, no meaningful differences in relief from IV. References placebo-controlled, five-arm, two-period hot flushes when 20 postmenopausal crossover clinical trial by Sherwin and women were treated for 8 weeks with The following references have been Gelfand (Ref. 15) compared the effects esterified estrogens or an esterified placed on display in the Dockets on surgically menopausal women of estrogens-androgen combination in a Management Branch (HFA–305), Food immediate postoperative parenteral single-center, double-blind, and Drug Administration, 5630 Fishers administration of estrogen alone (n=11), randomized, parallel group study. Lane, rm. 1061, Rockville, MD 20852, androgen alone (n=10), estrogen and Burger (Ref. 18) administered and may be seen by interested persons androgen in combination (n=12), and subcutaneous implants of estradiol and between 9 a.m. and 4 p.m., Monday placebo (n=10) to hysterectomy controls testosterone to 17 menopausal women through Friday. (n=10) and found that the androgen who complained that symptoms 1. Watts, N. B. et al., ‘‘Comparison of Oral alone, estrogen-androgen combination, persisted, particularly loss of libido, Estrogens and Estrogens Plus Androgen on despite treatment with conjugated Bone Mineral Density, Menopausal and control hysterectomy groups had Symptoms, and Lipid-Lipoprotein Profiles in lower (i.e., lower frequency and equine estrogens. There was no Surgical Menopause,’’ Obstetrics & severity) menopausal somatic symptoms statistically significant change from Gynecology, 85:529–537, 1995. scores than the estrogen alone and baseline in hot flushes after treatment. 2. Hickok, L. R., C. Toomey, and L. Speroff, placebo groups. The menopausal Myers et al. (Ref. 19) conducted a 10– ‘‘A Comparison of Esterified Estrogens With somatic symptoms score evaluated a week, double-blind, placebo controlled, and Without Methyltestosterone: Effects on constellation of symptoms including hot parallel group study in 40 naturally Endometrial Histology and Serum flushes, cold sweats, weight gain, menopausal women comparing 4 Lipoproteins in Postmenopausal Women,’’ treatments: Conjugated estrogens alone, Obstetrics & Gynecology, 82:919–924, 1993. rheumatic pains, cold hands and feet, 3. Kaunitz, A. M., ‘‘The Role of Androgens breast pains, headaches, numbness and conjugated estrogens and in Menopausal Hormonal Replacement,’’ tingling, and skin crawls. A single- medroxyprogesterone, conjugated Endocrinology and Metabolism Clinics of center, double-blind randomized, 6– estrogens and androgen, and placebo. North America, 26(2):391–397, 1997. month study by Hickok, Toomey, and The study found that the estrogen and 4. ACOG Committee on Gynecologic Speroff (Ref. 2) compared the effects of estrogen/medroxyprogesterone groups Practice, ‘‘Committee Opinion: Androgen treating surgically menopausal women had significantly fewer hot flashes than Treatment of Decreased Libido,’’ 2002 with esterified estrogens alone (n=13) or the estrogen/androgen or placebo Compendium of Selected Publications, American College of Obstetricians and in combination with methyltestosterone groups. The authors concluded: ‘‘This Gynecologists, Washington, DC, pp. 5–6, (n=13) on a similar constellation of result is consistent with other studies 2002. menopausal symptoms, but found no showing no effect of androgen alone on 5. Gelfand, M. M., and B. Wiita, ‘‘Androgen statistically significant difference hot flashes’’ (Ref. 19, p. 1129). and Estrogen-Androgen Hormone
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Replacement Therapy: A Review of the of the Menopause,’’ Journal of Clinical It is the responsibility of every drug Safety Literature, 1941 to 1996,’’ Clinical Endocrinology and Metabolism, 10:1547– manufacturer or distributor to review Therapeutics, 19(3):383–399, 1997. 1558, 1950. this notice to determine whether it 6. Westaby, D. et al, ‘‘Liver Damage from 21. McNagny, S. E., ‘‘Prescribing Hormone covers any drug product that the person Long-Term Methyltestosterone,’’ Lancet, Replacement Therapy for Menopausal manufactures or distributes. Any person 2:262–263, 1977. Symptoms,’’ Annals of Internal Medicine, 7. Turani, H. et al., ‘‘Hepatic Lesions in 131(8):605–616, 1999. may request an opinion of the Patients on Anabolic Androgenic Therapy,’’ 22. Barlow, D. H. et al., ‘‘Long-Term applicability of this notice to a specific Israel Journal of Medical Sciences, 19:332– Hormone Implant Therapy—Hormonal and drug product by writing to the Division 337, 1983. Clinical Effects,’’ Obstetrics & Gynecology, of New Drugs and Labeling Compliance 8. Lucey, M. R., and R. H. Moseley, ‘‘Severe 67:321–325, 1986. (see ADDRESSES). Cholestasis Associated With 23. Rymer, J., and E. Morris, ‘‘Menopausal A request for a hearing may not rest Methyltestosterone: A Case Report,’’ Symptoms,’’ Clinical Evidence, 5: 1308–1310, upon mere allegations or denials but American Journal of Gastroenterology, June 2001. must set forth specific facts showing 82:461–462, 1987. 24. Rosenberg, M. J., T. D. N. King, and M. that a genuine and substantial issue of 9. Barrett-Connor, E. et al, ‘‘A Two-Year, C. Timmons, ‘‘Estrogen-Androgen for fact requires a hearing, together with a Double-Blind Comparison of Estrogen- Hormone Replacement: A Review,’’ Journal Androgen and Conjugated Estrogens in of Reproductive Medicine, 42(7):394–404, well-organized and full factual analysis Surgically Menopausal Women,’’ Journal of 1997. of the clinical and other investigational Reproductive Medicine, 44:1012–1020, 1999. data that the objector is prepared to 10. Raisz, L. G. et al, ‘‘Comparison of the V. Amendment prove in a hearing. Any data submitted Effects of Estrogen Alone and Estrogen Plus Based on the findings discussed in in response to this notice must be Androgen on Biochemical Markers of Bone previously unsubmitted and include Formation and Resorption in section II of this document, FDA is amending the Federal Register notice of data from adequate and well-controlled Postmenopausal Women,’’ Journal of Clinical clinical investigations as described in 21 Endocrinology and Metabolism, 81:37–43, September 29, 1976 (41 FR 43112), to 1996. reclassify estrogen-androgen CFR 314.126. This notice of opportunity for hearing 11. Gitlin, N., P. Korner, and H. Yang, combination drugs as lacking encompasses all issues relating to the ‘‘Liver Function in Postmenopausal Women substantial evidence of effectiveness for legal status of the drug products subject on Estrogen-Androgen Hormone moderate to severe vasomotor symptoms to it (including identical, related, or Replacement Therapy: A Meta-Analysis of associated with the menopause in those Eight Clinical Trials,’’ Menopause, 6(3):216– similar drug products as defined in patients not improved by estrogen 224, 1999. § 310.6), e.g., any contention that any alone. 12. Ettinger, B., ‘‘Letter: Estrogen-Androgen such drug product is not a new drug Hepatotoxicity,’’ American Journal of Drug products covered by this notice because it is generally recognized as safe Obstetrics and Gynecology, 178(3):627–628, (i.e., estrogen-androgen combination and effective within the meaning of 1998. drugs) are regarded as new drugs section 201(p) of the act or because it is 13. Phillips, E., and C. Bauman, ‘‘Safety (section 201(p) of the Federal Food, exempt from part or all of the new drug Surveillance of Esterified Estrogens- Drug, and Cosmetic Act (the act) 21 Methyltestosterone (ESTRATEST and provisions of the act under the U.S.C. 321(p)). An approved NDA is exemption for drug products marketed ESTRATEST HS) Replacement Therapy in required for marketing. the United States,’’ Clinical Therapeutics, before June 25, 1938, in section 201(p) 19(5):1070–1084, 1997. VI. Notice of Opportunity for a Hearing of the act, or under section 107(c)of the 14. Kronenberg, F., ‘‘Hot Flashes: Drug Amendments of 1962, or for any Epidemiology and Physiology,’’ Annals of the Any manufacturer or distributor of a other reason. With respect to the issue New York Academy of Sciences, 592:52–86, drug product affected by this notice is of effectiveness, however, this notice is 1990. hereby offered an opportunity for a limited to whether there is substantial 15. Sherwin, B., and M. Gelfand, hearing to show why estrogen-androgen evidence of the effectiveness of ‘‘Differential Symptom Response to combination drugs should not be Parenteral Estrogen and/or Androgen estrogen-androgen combination drug reclassified as lacking substantial products for the treatment of moderate Administration in the Surgical Menopause,’’ evidence of effectiveness for moderate American Journal of Obstetrics and to severe vasomotor symptoms Gynecology, 151(2):153–160, 1985. to severe vasomotor symptoms associated with the menopause in those 16. Barrett-Connor, E., ‘‘Efficacy and Safety associated with the menopause in those patients not improved by estrogen of Estrogen/Androgen Therapy,’’ Journal of patients not improved by estrogen alone. The use of these drug products Reproductive Medicine, 43(8–Suppl.):746– alone. for any indication other than for the 752, 1998. This notice applies to the particular treatment of moderate to severe 17. Sarrel, P. et al., ‘‘Estrogen and Estrogen- estrogen-androgen combination drugs vasomotor symptoms associated with Androgen Replacement in Postmenopausal named in this notice and to any the menopause in those patients not Women Dissatisfied with Estrogen-Only identical, related, or similar drug Therapy,’’ Journal of Reproductive Medicine, improved by estrogen alone will not be 43(10):847–856, 1998. product under § 310.6 (21 CFR 310.6), considered in this proceeding. 18. Burger, H. et al., ‘‘The Management of whether or not it is the subject of an Any person subject to this notice who Persistent Menopausal Symptoms with approved NDA or ANDA. Estrogen- decides to seek a hearing shall file: (1) Oestradiol-Testosterone Implants: Clinical, androgen combination drugs subject to On or before May 14, 2003, a written Lipid and Hormonal Results,’’ Maturitas, this notice include, but are not limited notice of appearance and request for 6:351–358, 1984. to, the following combination drugs: hearing, and (2) on or before June 13, 19. Myers, L. S. et al., ‘‘Effects of Estrogen, fluoxymesterone and ethinyl estradiol; 2003, the data, information, and Androgen and Progestin on Sexual diethylstilbestrol and analyses relied on to demonstrate that Psychophysiology and Behavior in methyltestosterone; chlorotrianisene there is a genuine issue of material fact Postmenopausal Women,’’ Journal of Clinical Endocrinology and Metabolism, 70(4):1124– and methyltestosterone; testosterone to justify a hearing. Any other interested 1131, 1990. enanthate and estradiol valerate; person may also submit comments on 20. Greenblatt, R. B. et al., ‘‘Evaluation of testosterone cypionate and estradiol this notice. The procedures and an Estrogen, Androgen, Estrogen-Androgen cypionate; and esterified estrogens and requirements governing this notice of Combination, and a Placebo in the Treatment methyltestosterone. opportunity for a hearing, a notice of
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appearance and request for a hearing, All submissions under this notice of ACTION: Notice. information and analyses to justify a opportunity for a hearing are to be filed hearing, other comments, and a grant or in four copies. Except for data and SUMMARY: The Food and Drug denial of a hearing are contained in information prohibited from public Administration (FDA) is withdrawing § 314.200 (21 CFR 314.200) and in 21 disclosure under 21 U.S.C. 331(j) or 18 approval of one new drug application CFR part 12. U.S.C. 1905, the submissions may be (NDA) and four abbreviated new drug The failure of any person subject to seen in the Dockets Management Branch applications (ANDAs). The holders of this notice to file a timely written notice (address above) between 9 a.m. and 4 the applications notified the agency in of appearance and request for hearing, p.m., Monday through Friday. writing that the drug products were no as required by § 314.200, constitutes an This notice is issued under the election by that person not to use the longer marketed and requested that the Federal Food, Drug, and Cosmetic Act approval of the applications be opportunity for a hearing concerning the (secs. 502, 505, 21 U.S.C. 352, 355) and withdrawn. action proposed and a waiver of any under authority delegated to the contentions concerning the legal status Director of the Center for Drug EFFECTIVE DATE: May 14, 2003. of that person’s drug product(s). Any Evaluation and Research (21 CFR 5.100). new drug product marketed without an FOR FURTHER INFORMATION CONTACT: approved new drug application is Dated: April 4, 2003. David T. Read, Center for Drug subject to regulatory action at any time, Janet Woodcock, Evaluation and Research (HFD–7), Food but any person subject to this notice Director, Center for Drug Evaluation and and Drug Administration, 5600 Fishers Research. who files a timely written notice of Lane, Rockville, MD 20857, 301–594– appearance and request for hearing and [FR Doc. 03–9065 Filed 4–10–03; 8:45 am] 2041. who remains a party to this proceeding BILLING CODE 4160–01–S will not be subject to regulatory action SUPPLEMENTARY INFORMATION: The for matters covered by this notice until holders of the applications listed in the the conclusion of this proceeding. If it DEPARTMENT OF HEALTH AND table in this document have informed conclusively appears from the face of HUMAN SERVICES FDA that these drug products are no the data, information, and factual Food and Drug Administration longer marketed and have requested that analyses in the request for hearing that FDA withdraw approval of the there is no genuine and substantial issue [Docket Nos. 98N–0718 and 76N–0377] applications. The applicants have also, of fact to justify a hearing, or if a request by their requests, waived their for hearing is not made in the required Pharmacia & Upjohn et al.; Withdrawal opportunity for a hearing. format or with the required analyses, the of Approval of One New Drug Commissioner of Food and Drugs will Application and Four Abbreviated New enter summary judgment against the Drug Applications person(s) who requests the hearing, making findings and conclusions, and AGENCY: Food and Drug Administration, denying a hearing. HHS.
Application No. Drug Applicant
NDA 17–968 Depo-Testadiol (testosterone cypionate and Pharmacia & Upjohn Co., 7000 Portage Rd., estradiol cypionate) Injection, 50 milli- Kalamazoo, MI 49001–0199. grams/milliliter (mg/mL) and 2 mg/mL.
ANDA 85–603 Testosterone Cypionate-Estradiol Cypionate Steris Laboratories, Inc., 620 North 51st Ave., Injection. Phoenix, AZ 85043–4706.
ANDA 85–860 Testosterone Enanthate and Estradiol Val- Do. erate Injection, 180 mg/mL and 8 mg/mL.
ANDA 85–865 Testosterone Enanthate and Estradiol Val- Do. erate Injection, 90 mg/mL and 4 mg/mL.
ANDA 86–423 Ditate-DS (testosterone enanthate and estra- Savage Laboratories, 60 Baylis Rd., Melville, diol valerate) Injection, 180 mg/mL and 8 NY 11747. mg/mL.
The applications listed in the table in estrogen-androgen combination listed in this notice were withdrawn for this document, all estrogen-androgen products specifically named in the reasons of safety or effectiveness. combination products, were submitted notice proposing to amend the 1976 Therefore, under section 505(e) of the following a finding by the FDA notice, as well as of any products that Federal Food, Drug, and Cosmetic Act published in the Federal Register of are identical, related, or similar (21 U.S.C. 355(e)) and under authority September 29, 1976 (41 FR 43112). (including but not limited to the five delegated to the Director, Center for Elsewhere in today’s issue of the products listed in this notice). The Drug Evaluation and Research (21 CFR Federal Register, FDA is initiating a agency, therefore, is deferring until the 5.105), approval of the applications proceeding in which it proposes to outcome of that proceeding the listed in the table in this document, and amend the 1976 notice. That proceeding determination, under § 314.161 (21 CFR all amendments and supplements will determine if there is substantial 314.161), of whether the five products thereto, is hereby withdrawn, effective evidence of effectiveness of the May 14, 2003.
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Dated: April 4, 2003. before the committee. Written Date and Time: The meeting will be Janet Woodcock, submissions may be made to the contact held on May 16, 2003, from 8 a.m. to 5 Director, Center for Drug Evaluation and person by May 6, 2003. Oral p.m. Research. presentations from the public will be Location: Holiday Inn, Versailles [FR Doc. 03–9064 Filed 4–10–03; 8:45 am] scheduled between approximately 1 Ballrooms, 8120 Wisconsin Ave., BILLING CODE 4160–01–S p.m. and 2 p.m. on May 13, 2003, and Bethesda, MD, 301–652–2000. between approximately 11 a.m. and 12 Contact Person: Karen M. Templeton- noon on May 14, 2003. Time allotted for Somers, Center for Drug Evaluation and DEPARTMENT OF HEALTH AND each presentation may be limited. Those Research (HFD–21), Food and Drug HUMAN SERVICES desiring to make formal oral Administration, 5600 Fishers Lane (for presentations should notify the contact express delivery, 5630 Fishers Lane, rm. Food and Drug Administration person before May 6, 2003, and submit 1093) Rockville, MD 20857, 301–827– a brief statement of the general nature of Antiviral Drugs Advisory Committee; 7001, or e–mail: [email protected], the evidence or arguments they wish to Notice of Meeting or FDA Advisory Committee present, the names and addresses of Information Line, 1–800–741–8138 AGENCY: Food and Drug Administration, proposed participants, and an (301–443–0572 in the Washington, DC HHS. indication of the approximate time area) code 12543. Please call the ACTION: Notice. requested to make their presentation. Information Line for up to date Persons attending FDA’s advisory information on this meeting. This notice announces a forthcoming committee meetings are advised that the Agenda: The committee will discuss meeting of a public advisory committee agency is not responsible for providing supplemental new drug application of the Food and Drug Administration access to electrical outlets. (sNDA) 20–690, supplement SE1–020, (FDA). The meeting will be open to the FDA welcomes the attendance of the ARICEPTR (donepezil hydrochloride public. tablets), Eisai Medical Research Inc., Name of Committee: Antiviral Drugs public at its advisory committee meetings and will make every effort to indicated for the treatment of vascular Advisory Committee. dementia. The background material will General Function of the Committee: accommodate persons with physical become available no later than the day To provide advice and disabilities or special needs. If you before the meeting and will be posted recommendations to the agency on require special accommodations due to under the Peripheral and Central FDA’s regulatory issues. a disability, please contact Tara Turner Date and Time: The meeting will be at least 7 days in advance of the Nervous System Drugs Advisory held on May 13 and 14, 2003, from 8 meeting. Committee docket site at http:// www.fda.gov/ohrms/dockets/ac/ a.m. to 5 p.m. Notice of this meeting is given under acmenu.htm. (Click on the year 2003 Location: Holiday Inn, The Ballrooms, the Federal Advisory Committee Act (5 and scroll down to the Peripheral and Two Montgomery Village Ave., U.S.C. app. 2). Gaithersburg, MD. Central Nervous System Drugs Advisory Contact Person: Tara P. Turner, Dated: April 7, 2003. Committee meetings.) Center for Drug Evaluation and Research Linda Arey Skladany, Procedure: Interested persons may (HFD–21), Food and Drug Associate Commissioner for External present data, information, or views, Administration, 5600 Fishers Lane (for Relations. orally or in writing, on issues pending express delivery, 5630 Fishers Lane, rm. [FR Doc. 03–9031 Filed 4–11–03; 8:45 am] before the committee. Written 1093), Rockville, MD 20857, 301–827– BILLING CODE 4160–01–S submissions may be made to the contact 7001, e-mail: [email protected], or person by May 9, 2003. Oral FDA Advisory Committee Information presentations from the public will be Line, 1–800–741–8138 (301–443–0572 DEPARTMENT OF HEALTH AND scheduled between approximately 1:30 in the Washington, DC area), code HUMAN SERVICES p.m. and 2:30 p.m. Time allotted for 12531. Please call the Information Line each presentation may be limited. Those Food and Drug Administration for up-to-date information on this desiring to make formal oral presentations should notify the contact meeting. Peripheral and Central Nervous person before May 9, 2003, and submit Agenda: On May 13, 2003, the System Drugs Advisory Committee; a brief statement of the general nature of committee will discuss new drug Notice of Meeting applications (NDA) 21–567 and 21–568, the evidence or arguments they wish to REYATAZ (atazanavir sulfate) capsules AGENCY: Food and Drug Administration, present, the names and addresses of and powder for oral use, Bristol-Myers HHS. proposed participants, and an Squibb Co., proposed for the treatment indication of the approximate time ACTION: of human immunodeficiency virus Notice. requested to make their presentation. (HIV) infection in combination with Persons attending FDA’s advisory This notice announces a forthcoming other antiretroviral agents. On May 14, committee meetings are advised that the meeting of a public advisory committee 2003, the committee will discuss agency is not responsible for providing of the Food and Drug Administration supplemental new drug application access to electrical outlets. (FDA). The meeting will be open to the (SNDA) 20–550/S–019, VALTREX FDA welcomes the attendance of the public. (valacyclovir hydrochloride) caplets, public at its advisory committee GlaxoSmithKline, proposed for Name of Committee: Peripheral and meetings and will make every effort to reduction of the risk of transmission of Central Nervous System Drugs Advisory accommodate persons with physical genital herpes with the use of Committee. disabilities or special needs. If you suppressive therapy. General Function of the Committee: require special accommodations due to Procedure: Interested persons may To provide advice and a disability, please contact Karen present data, information, or views, recommendations to the agency on Templeton-Somers at least 7 days in orally or in writing, on issues pending FDA’s regulatory issues. advance of the meeting.
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Notice of this meeting is given under Analytical Technologies Subcommittee Program as it relates to the inspections the Federal Advisory Committee Act (5 to Manufacturing Subcommittee. of manufacturers of vaccines, U.S.C. app. 2). Procedure: Interested persons may allergenics, fractionated plasma Dated: April 7, 2003. present data, information, or views, products, licensed in vitro diagnostics, orally or in writing, on issues pending Linda Arey Skladany, and therapeutic products. The goal of before the subcommittee. Written the public meeting is to give Associate Commissioner for External submissions may be made to the contact Relations. stakeholders the opportunity to provide person by May 13, 2003. Oral input on how they think the agency [FR Doc. 03–9032 Filed 4–11–03; 8:45 am] presentations from the public will be should measure the effectiveness of the BILLING CODE 4160–01–S scheduled between approximately 11:30 Team Biologics Program. We will use a.m. and 12:30 p.m. on both days. Time the information obtained to identify allotted for each presentation may be DEPARTMENT OF HEALTH AND criteria to prospectively evaluate the limited. Those desiring to make formal HUMAN SERVICES Team Biologics Program. oral presentations should notify the DATES: The public meeting will be held Food and Drug Administration contact person before May 13, 2003, and on Wednesday, May 21, 2003, from 8 submit a brief statement of the general a.m. to 12 noon. Manufacturing Subcommittee of the nature of the evidence or arguments Submit requests via fax or e-mail by Advisory Committee for they wish to present, the names and May 1, 2003, to make an oral Pharmaceutical Science; Notice of addresses of proposed participants, and presentation. Submit a copy of all Meeting an indication of the approximate time presentation materials by May 15, 2003. requested to make their presentation. If you are not making an oral AGENCY: Food and Drug Administration, Persons attending FDA’s advisory presentation, submit registration HHS. committee meetings are advised that the information by May 12, 2003. ACTION: Notice. agency is not responsible for providing Submit written or electronic access to electrical outlets. comments by June 10, 2003. This notice announces a forthcoming FDA welcomes the attendance of the ADDRESSES: The public meeting will be meeting of a public advisory committee public at its advisory committee of the Food and Drug Administration held at the Parklawn Bldg., conference meetings and will make every effort to room D, 5600 Fishers Lane, Rockville, (FDA). The meeting will be open to the accommodate persons with physical public. MD 20857. disabilities or special needs. If you Submit requests to make an oral Name of Committee: Manufacturing require special accommodations due to Subcommittee of the Advisory presentation, registration information, a disability, please contact Kathleen and any presentation material to Committee for Pharmaceutical Science. Reedy at least 7 days in advance of the General Function of the Committee: Melanie Whelan (see FOR FURTHER meeting. INFORMATION CONTACT). The requested To provide advice and Notice of this meeting is given under recommendations to the agency on registration information is listed in the Federal Advisory Committee Act (5 section II of this document. FDA’s regulatory issues. U.S.C. app. 2). Date and Time: The meeting will be Submit written comments to the held on May 21 and 22, 2003, from 8:30 Dated: April 7, 2003. Dockets Management Branch (HFA– a.m. to 5 p.m. Linda Arey Skladany, 305), Food and Drug Administration, Location: Marriott Washingtonian Associate Commissioner for External 5630 Fishers Lane, rm. 1061, Rockville, Center, Ballrooms A, B, C, and D, 9751 Relations. MD 20852. Submit electronic comments Washingtonian Blvd., Gaithersburg, MD. [FR Doc. 03–9029 Filed 4–11–03; 8:45 am] to http://www.fda.gov/dockets/ Contact Person: Kathleen Reedy, BILLING CODE 4160–01–S ecomments. Center for Drug Evaluation and Research FOR FURTHER INFORMATION CONTACT: (HFD–21), Food and Drug Melanie N. Whelan, Center for Biologics Administration, 5600 Fishers Lane (for DEPARTMENT OF HEALTH AND Evaluation and Research (HFM–43), express delivery, 5630 Fishers Lane, rm. HUMAN SERVICES Food and Drug Administration, 1401 1093), Rockville, MD 20857, 301–827– Food and Drug Administration Rockville Pike, Rockville, MD 20852– 7001, e-mail: [email protected], or 1448, 301–827–2000, FAX 301–827– FDA Advisory Committee Information [Docket No. 03N–0134] 3079, or e-mail: [email protected]. Line, 1–800–741–8138 (301–443–0572 SUPPLEMENTARY INFORMATION: in the Washington, DC area), code Team Biologics Program 12539. Please call the Information Line Effectiveness; Public Meeting I. Scope of Public Meeting for up-to-date information on this AGENCY: Food and Drug Administration, FDA is seeking input on ways to meeting. HHS. evaluate the Team Biologics Program. Agenda: On May 21, 2003, the ACTION: Notice of public meeting; The Team Biologics Program, subcommittee will discuss: (1) The request for comments. established in 1997, is a partnership mission of the subcommittee; and (2) between FDA’s Center for Biologics direction of the Pharmaceutical Current SUMMARY: The Food and Drug Evaluation and Research and the Office Good Manufacturing Practices (CGMPs) Administration (FDA) is announcing the of Regulatory Affairs, which uses the for the 21st Century: A Risk-Based following public meeting: Team diverse skills and knowledge of both Approach. On May 22, 2003, the Biologics Program Effectiveness. The organizations to focus resources on subcommittee will discuss: (1) The Center for Biologics Evaluation and inspectional and compliance issues in regulatory approaches regarding aseptic Research and the Office of Regulatory the biologics area. Comments are sought manufacturing; and (2) process Affairs, FDA, are sponsoring an open at this public meeting about specific analytical technologies and transition public meeting to solicit views and methods, tools, criteria, and metrics that from the Advisory Committee for comments in an effort to measure the could be used in this effort. In Pharmaceutical Science—Process effectiveness of the Team Biologics presentations we ask that you
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specifically address criteria that FDA 5600 Fishers Lane, Rockville, MD Method Development, in the Office of may consider in assessing the following 20857, approximately 15 working days Vaccines Research and Review. areas: after the meeting at a cost of 10 cents Procedure: On May 8, 2003, from 1:30 1. Industry compliance with per page. The transcript of the public p.m. to 3:30 p.m., the meeting is open applicable laws and regulations, meeting will be available for review at to the public. Interested persons may 2. The consistency of our inspection the Dockets Management Branch and on present data, information, or views, and compliance activities, the Internet at http://www.fda.gov/ orally or in writing, on issues pending 3. The effects of our inspection and ohrms/dockets. The transcript will also compliance activities on product be placed on the Internet at http:// before the committee. Written quality, and www.fda.gov/cber/minutes/workshop- submissions may be made to the contact 4. The impact of our approach on min.htm. person by April 25, 2003. Oral public health. presentations from the public will be Dated: April 8, 2003. scheduled between approximately 2:30 II. Registration and Requests for Oral Jeffrey Shuren, p.m. and 3:30 p.m. Time allotted for Presentations Assistant Commissioner for Policy. each presentation may be limited. Those You must preregister by May 1, 2003, [FR Doc. 03–9063 Filed 4–11–03; 8:45 am] desiring to make formal oral if you would like to make an oral BILLING CODE 4160–01–S presentations should notify the contact presentation. Please send your name, person before April 25, 2003, and title, affiliation, street address, e-mail submit a brief statement of the general DEPARTMENT OF HEALTH AND address, and telephone and fax nature of the evidence or arguments HUMAN SERVICES numbers, along with a short description they wish to present, the names and of the topics you wish to address, to addresses of proposed participants, and Melanie Whelan. Due to the time Food and Drug Administration an indication of the approximate time constraints of this meeting, only 15 oral Vaccines and Related Biological presentation requests can be accepted, requested to make their presentation. Products Advisory Committee; Notice and each presentation will be limited to Closed Committee Deliberations: On of Meeting 10 minutes. Each person who submits a May 8, 2003, from 3:30 p.m. to 4 p.m., request will receive a response by May AGENCY: Food and Drug Administration, the meeting will be closed to permit 6, 2003, stating whether they have been HHS. discussion where disclosure would included in the program. Please submit constitute a clearly unwarranted ACTION: Notice. a copy of all presentation materials to invasion of personal privacy (5 U.S.C. Melanie Whelan by May 15, 2003. This notice announces a forthcoming 552b(c)(6)). The meeting will be closed We encourage early registration meeting of a public advisory committee to discuss personal information because seating is limited to the first of the Food and Drug Administration concerning individuals associated with 100 registrants. Registration closes on (FDA). At least one portion of the the intramural laboratory research Monday, May 12, 2003. Please send meeting will be closed to the public. programs. your name and affiliation to Melanie Name of Committee: Vaccines and Persons attending FDA’s advisory Whelan. You will receive confirmation Related Biological Products Advisory of your registration. There is no committee meetings are advised that the Committee. agency is not responsible for providing registration fee. General Function of the Committee: If you need special accommodations access to electrical outlets. To provide advice and due to a disability, please contact recommendations to the agency on FDA welcomes the attendance of the Melanie Whelan at least 7 days in FDA’s regulatory issues. public at its advisory committee advance. Date and Time: The meeting will be meetings and will make every effort to III. Request for Comments held on May 8, 2003, from 1:30 p.m. to accommodate persons with physical disabilities or special needs. If you The agency has established a docket 4 p.m. require special accommodations due to to receive any ideas regarding the Team Location: Food and Drug a disability, please contact Jody G. Biologics Program. Regardless of Administration, 29 Lincoln Dr., bldg. attendance at the public meeting, 29B, conference room A, Bethesda, MD. Sachs or Denise H. Royster at least 7 interested persons may submit to the This meeting will be held by a days in advance of the meeting. Dockets Management Branch (see telephone conference call. The public is Notice of this meeting is given under ADDRESSES) written or electronic welcome to attend the open session of the Federal Advisory Committee Act (5 comments. Submit a single copy of the meeting at the specified location. U.S.C. app. 2). Contact Person: Jody G. Sachs or electronic comments or two copies of Dated: April 7, 2003. any mailed comments, except that Denise H. Royster, Food and Drug individuals may submit one paper copy. Administration, Center for Biologics Linda Arey Skladany, Comments are to be identified with the Evaluation and Research (HFM–71), 301 Associate Commissioner for External docket number found in brackets in the 827–0314, or FDA Advisory Committee Relations. heading of this document. Received Information Line, 1–800–741–8138 [FR Doc. 03–9030 Filed 4–11–03; 8:45 am] comments may be seen in the Dockets (301–443–0572 in the Washington, DC BILLING CODE 4160–01–S Management Branch between 9 a.m. and area), code 12391. Please call the 4 p.m., Monday through Friday. Information Line for up-to-date information on this meeting. IV. Transcripts Agenda: The committee will review Transcripts of the meeting may be and discuss the intramural research requested in writing from the Freedom programs of the Laboratory of of Information Office (HFI–35), Food Mycobacterial Diseases & Cellular and Drug Administration, rm. 12A–16, Immunology and the Laboratory of
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DEPARTMENT OF HEALTH AND grants funded under the comprehensive we withhold their home address from HUMAN SERVICES management plan (CMP) option and the the record, which we will honor to the cumulative effects of activities that are extent allowable by law. If a respondent Health Resources and Services funded under the grants. The grants are wishes us to withhold his/her name Administration awarded to the Ohio Department of and/or address, this must be stated Natural Resources (ODNR), Division of prominently at the beginning of the Poison Control Program; Poison Wildlife (DOW). comment. Control Centers Stabilization and The Service’s categorical exclusion Enhancement Grant Program, ADDRESSES: Comments should be [516 DM 6, Appendix 1, Section addressed to: Michael Vanderford or Jon Financial Stabilization Supplemental 1.4.E(1)] applies to this action; however, Grants (PCCFS); Availability of Funds Parker, U.S. Fish and Wildlife Service, the Service is seeking public comments Division of Federal Aid, 1 Federal Drive, in the HRSA Preview; Withdrawal in this instance in order to determine (CFDA Number 93.253) Fort Snelling, MN 55111–4056. whether any exceptions to the Electronic mail comments may also be AGENCY: Health Resources and Services categorical exclusion (516 DM 2, submitted within the comment period Administration, HHS. Appendix 2) may apply, especially for to: [email protected]. controversial environmental effects (2.3) ACTION: Notice; withdrawal. FOR FURTHER INFORMATION CONTACT: Jon or cumulative effects (2.5), thereby Parker (Wildlife Restoration, Wildlife SUMMARY: In the Federal Register notice necessitating the development of an Conservation and Restoration) or of Friday, August 9, 2002, in Part VI Environmental Assessment (EA). Michael Vanderford (Sport Fish ‘‘Availability of Funds Announced in Primary focus for this review is to Restoration). U.S. Fish And Wildlife the HRSA Preview’’ of FR Doc. 02– address statewide cumulative and Service, Federal Aid Division, 1 Federal 20021, on page 52087, the grant category secondary effects of activities conducted Drive, Fort Snelling, MN 5511; beginning in the first column under the by the ODNR, DOW that are funded telephone: 612/713–5130. under Federal Aid in Wildlife heading ‘‘Poison Control Centers SUPPLEMENTARY INFORMATION: These Stabilization and Enhancement Grant Restoration Act (WR) Grant Number W– grants are subject to the requirements of Program, Financial Stabilization 134–P and Federal Aid in Sport Fish the Sport Fish and Wildlife Restoration Supplemental Grants (PCCFS), CFDA Restoration Act (SFR) Grant Number F– Acts, federal regulations (50 CFR part 80 Number 93.253,’’ is withdrawn from 69–P and administered by the Region 3 and 43 CFR part 12) and the Service’s competition due to the discovery of Federal Aid Division of the U.S. Fish Federal Aid Handbook. Administration unanticipated complex issues that are and Wildlife Service. A secondary focus of these grants uses a management not resolvable within a timeframe which is to address the processes used by the system identified in the Grant Proposal would permit the awarding of these ODNR, DOW to select and complete consistent with a plan for fish, wildlife grants during fiscal year 2003. those activities. Each individual project, and habitat. This plan provides program or group of projects, will continue to FOR FURTHER INFORMATON: Carol A. direction in Ohio and types of activities Delany, Division of Children, receive site specific NEPA review when that may constitute projects subject to Adolescent and Family Health, Maternal it is submitted for funding. Therefore an annual application for funds process. and Child Health Bureau, Health the scope of this review is broad and The comprehensive management system Resources and Services Administration, directed at impacts that may not be is described in the Grant Proposal Room 18A–38, Parklawn Building, 5600 detected with individual projects along which includes a description of the Fishers Lane, Rockville, MD 20857; with consideration of the overall ODNR, DOW strategic planning process, telephone, (301) 443–5848. planning system utilized by Ohio. its operational planning process and its Comments on site specific projects are Dated: April 7, 2003. control/evaluation process. Copies of not within the scope of this review the Grant Proposals for fish management Elizabeth M. Duke, although comments regarding the affects and wildlife management are available Administrator. of types of projects would be at: http://midwest.fws.gov/NEPA. Hard [FR Doc. 03–8973 Filed 4–11–03; 8:45 am] appropriate. copies of the supporting Strategic Plan, BILLING CODE 4165–15–P DATES: Written comments should be Tactical Plans, and the Comprehensive received on or before May 14, 2003. Management System (CMS) Handbook Public Involvement: The public is and addendum are available for review DEPARTMENT OF THE INTERIOR invited to participate in the comment at: Ohio Division of Wildlife, process. Locations for supporting Department of Natural Resources, Public Fish and Wildlife Service reference information are provided Lobby Reception Desk, Building G, 1840 under SUPPLEMENTARY INFORMATION. Federal Grant Use by the Ohio Belcher Drive, Columbus, Ohio (near Written comments should be received Department of Natural Resources Morse Road and Cleveland Avenue). It within 30 days from the date of would be helpful if persons wishing to AGENCY: Fish and Wildlife Service, publication of this Notice of Intent. All review these documents would contact Interior. comments received from individuals Verdie Abel at 614/265–7020 ahead of ACTION: Notice of intent. become part of the official public time. record. Requests for such comments will The Service may choose to analyze SUMMARY: This notice advises the public be handled in accordance with the the impacts of the two federal grants that the U.S. Fish and Wildlife Service Freedom of Information Act and the separately because their intended (Service) intends to gather information Council on Environmental Quality’s purposes are different. The Service is to conduct a 30-day comment period to NEPA regulations [40 CFR 1506.6(f)]. using this notification as it considers solicit public response for a National Our practice is to make comments, approving continuation of the CMP Environmental Policy Act (NEPA) including names and home addresses of option for the next six years. The intent decision on approval of two federal respondents, available for public review of the notice is to obtain suggestions and grant proposal renewals. The action to during regular business hours. additional information from other be evaluated is the continuation of two Individual respondents may request that agencies and the public on the scope of
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issues to be considered. Comments and DEPARTMENT OF THE INTERIOR display the OMB control number and participation in this comment process the expiration date. Bureau of Indian Affairs are solicited. Class III Gaming Procedures The ODNR, DOW has utilized SFR Class III Gaming Procedures and Tribal Type of review: Extension of a and WR funds since Congress enacted Revenue Allocation Plans: Submission currently approved collection. the programs in 1950 and 1937, to OMB Title: Class III Gaming Procedures 25 respectively. This will be the third year CFR 291. that DOW will use Wildlife AGENCY: Bureau of Indian Affairs, Interior. Summary: The collection of Conservation and Restoration (WCR) information will ensure that the ACTION: funds which Congress approved for a Notice. provisions of IGRA, the relevant one-year period during the federal fiscal SUMMARY: In compliance with the provisions of State laws, Federal law year beginning October 1, 2000. The Paperwork Reduction Act of 1995, the and the trust obligations of the United public is requested to inform the Service Bureau of Indian Affairs (BIA) is States are met when Federally of concerns regarding the ODNR, DOW submitting two information collection recognized tribes submit Class III management systems, their requests for review and renewal by the procedures for review and approval by administration of the comprehensive Office of Information and Regulatory the Secretary of the Interior. Sections management system grants in Ohio and Affairs, OMB. The two collections are: 291.4, 291.10, 291.12 and 291.15 of 25 the cumulative effects of activities Class III Gaming Procedures, 1076– CFR part 291 Class III Gaming funded under these federal grants. 0149, and Tribal Revenue Allocation Procedures, specifies the information Plans, 1076–0152. collection requirement. An Indian tribe The ODNR, DOW has administered its DATES: must ask the Secretary to issue Class III SFR and WR grant programs using the Submit your comments and suggestions on or before May 14, 2003 gaming procedures. The information to CMP option for the past 11 years. to be assured of consideration. be collected includes: name of Tribe and ODNR, DOW began administering the ADDRESSES: State; tribal documents, State WCR grant program using the CMP Written comments should be sent directly to the Office of documents, regulatory schemes, the option July 1, 2001. During the past 11 Management and Budget, Office of proposed procedures and other years, the ODNR, DOW conducted Information and Regulatory Affairs, documents deemed necessary. numerous public information and input Attention: Desk Officer for the Collection of this information is processes, as well as Service review Department of the Interior, 725 17th currently authorized under an approval regarding its programs, including: The Street NW, Washington, DC 20503. Send by OMB (OMB Control Number 1076– development and periodic revision of a a copy of your comments to: George 0149). All information is collected when Strategic Plan; development of tactical Skibine, Bureau of Indian Affairs, Office the tribe makes a request for Class III plans for fish, wildlife and habitat for of Indian Gaming Management, Mail gaming procedures. Annual reporting Ohio; use of biennial work planning Stop 4543–MIB, 1849 C Street, NW, and record keeping burden for this processes; program and management Washington, DC 20240. collection of information is estimated to occur one time on an annual basis. The reviews; financial audits and periodic FOR FURTHER INFORMATION CONTACT: field reviews conducted jointly by Interested persons may obtain copies of estimated number of annual requests is ODNR, DOW and Service staff regarding the information collection requests 12 tribes seeking Class III gaming implementation of the CMP. without charge by contacting George procedures. The estimated time to review instructions and complete each Some projects that will be subject to Skibine at 202–219–4066 or facsimile number 202–273–3153. application is 320 hours. Thus, the total NEPA review as part of the annual grant annual reporting and record keeping SUPPLEMENTARY INFORMATION: process will be conducted on lands that The burden for this collection is estimated to may be eligible for listing on the Paperwork Reduction Act of 1995 be 3,840 hours. National Register of Historic Places. The provides an opportunity for interested Frequency of Collection: Annually. National Historic Preservation Act and parties to comment on proposed Description of Respondents: Federally other laws require these properties and information collection requests. We did recognized tribes. resources be identified and considered not receive any comments during the Total Respondents: 12. in project planning. The public is request for comments period published Response Hours per Application: 320. requested to inform the FWS of December 13, 2002 (67 FR 76753). The Total Annual Burden Hours: 3,840. Bureau of Indian Affairs, Office of concerns about archeological sites, Indian Gaming Management is Tribal Revenue Allocation Plans buildings and structures, historic proceeding with requesting an Type of review: Extension of a events, sacred and traditional areas, and information collection clearance from currently approved collection. other historic preservation concerns. OMB. Each request contains (1) type of Title: Tribal Revenue Allocation Plans Authority: 42 U.S.C. 4321–4347. review, (2) title, (3) summary of the 25 CFR 290. collection, (4) respondents, (5) Summary: In order for Indian tribes to TJ Miller, frequency of collection, (6) reporting distribute net gaming revenues in the Acting Assistant Regional Director, Ecological and record keeping requirements. OMB form of per capita payments, Services, Region 3, Fort Snelling, MN. has 60 days to act on this information information is needed by the BIA to [FR Doc. 03–8994 Filed 4–11–03; 8:45 am] request, but may act after 30 days of ensure that Tribal Revenue Allocation BILLING CODE 4310–55–P review; therefore, your comments will Plans include assurances that certain receive the greatest consideration the statutory requirements are met, a closer they are to the 30 day minimum breakdown of the specific uses to which review period. net gaming revenues will be allocated, Please note that we will not sponsor eligibility requirements for nor conduct, and you need not respond participation, tax liability notification to, a request for information unless we and the assurance of the protection and
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preservation of the per capita share of DEPARTMENT OF THE INTERIOR INTERNATIONAL TRADE minors and legal incompetents. Sections COMMISSION 290.12, 290.17, 290.24 and 290.26 of 25 Bureau of Land Management [Investigation No. 731–TA–989 (Final)] CFR part 290, Tribal Revenue Allocation Plans, specifies the information [UT–912–03–1120–PG–24–1A] Ball Bearings From China collection requirement. An Indian tribe must ask the Secretary to approve a Notice of Resource Advisory Council Determination Tribal Revenue Allocation Plan. The Meeting and Field Tour On the basis of the record 1 developed information to be collected includes: in the subject investigation, the United name of Tribe, tribal documents, the AGENCY: Bureau of Land Management, States International Trade Commission allocation plan and other documents Department of the Interior. (Commission) determines, pursuant to deemed necessary. Collection of this section 735(b) of the Tariff Act of 1930 ACTION: Notice of Utah Resource information is currently authorized (19 U.S.C. 1673d(b)) (the Act), that an Advisory Council (RAC) meeting. under an approval by OMB (OMB industry in the United States is not Control Number 1076–0152). All materially injured or threatened with information is collected when the tribe SUMMARY: The purpose of this notice is material injury, and the establishment of submits a Tribal Revenue Allocation to announce a Resource Advisory an industry in the United States is not Plan. Annual reporting and record Council Meeting and field tour materially retarded, by reason of keeping burden for this collection of scheduled for May 1–2, 2003, Price, imports from China of certain ball information is estimated to average Utah. bearings and parts thereof, provided for between 75–100 hours for The Bureau of Land Management’s in subheadings 3926.90.45, 4016.93.00, approximately 20 respondents, (BLM) Utah Statewide Resource 4016.93.10, 4016.93.50, 6909.19.50, including the time for reviewing Advisory Council (RAC) will be meeting 8431.20.00, 8431.39.00, 8482.10.10, instructions, researching existing data at the Holiday Inn (located at 838 8482.10.50, 8482.80.00, 8482.91.00, sources, gathering and maintaining the Westwood Blvd) on May 1, 2003, 9:30 8482.99.05, 8482.99.25, 8482.99.35, data needed, and completing and a.m., for a field tour of the northern 8482.99.65, 8483.20.40, 8483.20.80, reviewing the collection of information. 8483.30.40, 8483.30.80, 8483.50.90, portion of the San Rafael Swell. Issues Thus, the total annual reporting and 8483.90.20, 8483.90.30, 8483.90.70, record keeping burden for this to be discussed will be Easter weekend 8708.50.50, 8708.60.50, 8708.60.80, collection is estimated to be 1,500— status (camping, law enforcement, etc); 8708.70.60, 8708.93.30, 8708.93.60, 2,000 hours. We are using the higher tour of the Buckhorn Wash (partnership 8708.93.75, 8708.99.06, 8708.99.31, estimate for purposes of estimating the with Emery County, OHV route 8708.99.40, 8708.99.49, 8708.99.58, public burden. designation plan, and WSAs); and a tour 8708.99.80, 8803.10.00, 8803.20.00, of the Wedge Overlook (wildlife and T/ Frequency of Collection: Annually. 8803.30.00, 8803.90.30, and 8803.90.90 E species). of the Harmonized Tariff Schedule of Description of Respondents: Federally the United States, that have been found recognized tribes. On May 2, from 8 a.m. until 2:30 p.m., the Council will meet in the conference by the Department of Commerce Total Respondents: 20. room at the Holiday Inn in Price. There (Commerce) to be sold in the United Total Annual Responses: 100. will be reports from the RAC subgroups, States at less than fair value (LTFV). Total Annual Burden Hours: 2,000 a discussion on wild and scenic rivers, Background hours. and an overview of the grazing The Commission instituted this Request for Comments regulations and policy changes. investigation effective February 13, A public comment period is 2002, following receipt of a petition The Bureau of Indian Affairs solicits scheduled from 2 p.m.–2:30 p.m. where filed with the Commission and comments in order to: members of the public may address the Commerce by the American Bearing (1) Evaluate whether the proposed Council. Written comments may be Manufacturers Association, Washington, collection of information is necessary mailed to the Bureau of Land DC. The final phase of the investigation for the proper performance of the Management at the address listed below. was scheduled by the Commission functions of the bureau, including following notification of a preliminary All meetings are open to the public; whether the information will have determination by Commerce that however, transportation, lodging, and practical utility; imports of ball bearings from China meals are the responsibility of the were being sold at LTFV within the (2) Evaluate the bureau’s estimate of participating public. the burden of the proposed collection of meaning of section 733(b) of the Act (19 information, including the validity of FOR FURTHER INFORMATION CONTACT: U.S.C. 1673b(b)). Notice of the the methodology and assumptions used; Sherry Foot, Special Programs scheduling of the final phase of the Commission’s investigation and of a (3) Enhance the quality, utility and Coordinator, Utah State Office, Bureau of Land Management, 324 South State public hearing to be held in connection clarity of the information to be therewith was given by posting copies collected; and Street, Salt Lake City, Utah, 84111; phone (801) 539–4195. of the notice in the Office of the (4) Minimize the burden of the Secretary, U.S. International Trade collection of the information on those Dated: April 4, 2003. Commission, Washington, DC, and by who are to respond. Linda Colville, publishing the notice in the Federal Dated: April 4, 2003. Acting State Director. Register of October 23, 2002 (67 FR Aurene M. Martin, [FR Doc. 03–9062 Filed 4–11–03; 8:45 am] 65142), as amended on December 2, Assistant Secretary—Indian Affairs. BILLING CODE 4310–$$–P 1 The record is defined in sec. 207.2(f) of the [FR Doc. 03–9068 Filed 4–11–03; 8:45 am] Commission’s rules of practice and procedure (19 BILLING CODE 4310–4N–P CFR 207.2(f)).
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2002 (67 FR 71588). The hearing was to 5:15 p.m.) in the Office of the Media Reality Technologies, Inc., 767 held in Washington, DC, on March 6, Secretary, U.S. International Trade North Mary Avenue, Sunnyvale, 2003, and all persons who requested the Commission, 500 E Street, SW., Room California 94086. opportunity were permitted to appear in 112, Washington, DC 20436, telephone Trumpion Microelectronics, Inc., 11F, person or by counsel. 202–205–2000. Hearing impaired No. 17 Cheng-Teh Rd. Sec.1, Taipei The Commission transmitted its individuals are advised that information City, Taiwan. determination in this investigation to on this matter can be obtained by (c) Anne Goalwin, Esq., Office of the Secretary of Commerce on April 21, contacting the Commission’s TDD Unfair Import Investigations, U.S. 2003. The views of the Commission are terminal on 202–205–1810. Persons International Trade Commission, 500 E contained in USITC Publication 3593 with mobility impairments who will Street, SW., Suite 401, Washington, DC (April 2003), entitled Ball Bearings from need special assistance in gaining access 20436, who shall be the Commission China: Investigation No. 731–TA–989 to the Commission should contact the investigative attorney, party to this (Final). Office of the Secretary at 202–205–2000. investigation; and By order of the Commission. General information concerning the (3) For the investigation so instituted, Issued: April 7, 2003. Commission may also be obtained by the Honorable Delbert R. Terrill, Jr. is accessing its Internet server at http:// Marilyn R. Abbott, designated as the presiding www.usitc.gov. The public record for Secretary to the Commission. administrative law judge. this investigation may be viewed on the Responses to the complaint and the [FR Doc. 03–8967 Filed 4–11–03; 8:45 am] Commission’s electronic docket (EDIS) notice of investigation must be BILLING CODE 7020–02–P at http://edis.usitc.gov. submitted by the named respondents in FOR FURTHER INFORMATION CONTACT: accordance with § 210.13 of the INTERNATIONAL TRADE Anne Goalwin, Esq., Office of Unfair Commission’s Rules of Practice and COMMISSION Import Investigations, U.S. International Procedure, 19 CFR 210.13. Pursuant to Trade Commission, telephone 202–205– 19 CFR 201.16(d) and 210.13(a), such [Inv. No. 337–TA–491] 2574. responses will be considered by the Authority: The authority for institution of Commission if received no later than 20 In the Matter of: Certain Display days after the date of service by the Controllers and Products Containing this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and Commission of the complaint and the Same; Notice of Investigation in section 210.10 of the Commission’s Rules notice of investigation. Extensions of AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10 time for submitting responses to the Commission. (2002). complaint will not be granted unless ACTION: Institution of investigation Scope of Investigation: Having good cause therefor is shown. pursuant to 19 U.S.C. 1337. considered the complaint, the U.S. Failure of a respondent to file a timely International Trade Commission, on response to each allegation in the SUMMARY: Notice is hereby given that a April 7, 2003, ordered that— complaint and in this notice may be complaint was filed with the U.S. (1) Pursuant to subsection (b) of deemed to constitute a waiver of the International Trade Commission on section 337 of the Tariff Act of 1930, as right to appear and contest the March 10, 2003, under section 337 of amended, an investigation be instituted allegations of the complaint and to the Tariff Act of 1930, as amended, 19 to determine whether there is a authorize the administrative law judge U.S.C. 1337, on behalf of Genesis violation of subsection (a)(1)(B) of and the Commission, without further Microchip (Delaware) Inc. of Alviso, section 337 in the importation into the notice to that respondent, to find the California. A letter supplementing the United States, the sale for importation, facts to be as alleged in the complaint complaint was filed on March 28, 2003. or the sale within the United States after and this notice and to enter both an The complaint, as supplemented, importation of certain display initial determination and a final alleges violations of section 337 in the controllers or products containing same determination containing such findings, importation into the United States, the by reason of infringement of claims 13 and may result in the issuance of a sale for importation, and the sale within or 15 of U.S. Patent No. 6,078,361, limited exclusion order or a cease and the United States after importation of claims 19, 20, 21, or 22 of U.S. Patent desist order or both directed against that certain display controllers and products No. 5,953,074, or claims 1 or 9 of U.S. respondent. containing same by reason of Patent No. 6,177,922, and whether an By order of the Commission. infringement of claims 13 and 15 of U.S. industry in the United States exists as Issued: April 8, 2003. Patent No. 6,078,361, claims 19–22 of required by subsection (a)(2) of section Marilyn R. Abbott, U.S. Patent No. 5,953,074, and claims 1 337. and 9 of U.S. Patent No. 6,177,922. The (2) For the purpose of the Secretary to the Commission. complaint further alleges that an investigation so instituted, the following [FR Doc. 03–8970 Filed 4–11–03; 8:45 am] industry in the United States exists as are hereby named as parties upon which BILLING CODE 7020–02–P required by subsection (a)(2) of section this notice of investigation shall be 337. served: The complainant requests that the (a) The complainant is—Genesis INTERNATIONAL TRADE Commission institute an investigation Microchip (Delaware) Inc., 2150 Gold COMMISSION and, at the conclusion of the Street, Alviso, California 94002. investigation, issue a permanent (b) The respondents are the following [Investigations Nos. 731–TA–1014 and 1017 exclusion order and a permanent cease companies alleged to be in violation of (Final)] and desist order. section 337, and are the parties upon which the complaint is to be served: Polyvinyl Alcohol From China and ADDRESSES: The complaint, except for Korea any confidential information contained Media Reality Technologies, Inc., 107 therein, is available for inspection Min Chuan East Road, Section 2, AGENCY: International Trade during official business hours (8:45 a.m. Taipei, Taiwan. Commission.
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ACTION: Scheduling of the final phase of investigations, hearing procedures, and and BPI service list.—Pursuant to antidumping investigations. rules of general application, consult the section 207.7(a) of the Commission’s Commission’s rules of practice and rules, the Secretary will make BPI SUMMARY: The Commission hereby gives procedure, part 201, subparts A through gathered in the final phase of these notice of the scheduling of the final E (19 CFR part 201), and part 207, investigations available to authorized phase of antidumping investigations subparts A and C (19 CFR part 207). applicants under the APO issued in the Nos. 731-TA–1014 and 1017 (Final) EFFECTIVE DATE: March 20, 2003. investigations, provided that the under section 735(b) of the Tariff Act of application is made no later than 21 1930 (19 U.S.C. 1673d(b)) (the Act) to FOR FURTHER INFORMATION CONTACT: Debra Baker (202–205–3180), Office of days prior to the hearing date specified determine whether an industry in the in this notice. Authorized applicants United States is materially injured or Investigations, U.S. International Trade Commission, 500 E Street, SW., must represent interested parties, as threatened with material injury, or the defined by 19 U.S.C. 1677(9), who are establishment of an industry in the Washington, DC 20436. Hearing- impaired persons can obtain parties to the investigations. A party United States is materially retarded, by granted access to BPI in the preliminary reason of less-than-fair-value imports information on this matter by contacting the Commission’s TDD terminal on 202– phase of the investigations need not from China and Korea of polyvinyl reapply for such access. A separate alcohol, provided for in subheading 205–1810. Persons with mobility impairments who will need special service list will be maintained by the 3905.30.00 of the Harmonized Tariff Secretary for those parties authorized to Schedule of the United States.1 assistance in gaining access to the Commission should contact the Office receive BPI under the APO. For further information concerning Staff report.—The prehearing staff the conduct of this phase of these of the Secretary at 202–205–2000. General information concerning the report in the final phase of these investigations will be placed in the 1 For purposes of these investigations, the Commission may also be obtained by Department of Commerce has defined the subject accessing its internet server (http:// nonpublic record on April 24, 2003, and merchandise as all polyvinyl alcohol (‘‘PVA’’) www.usitc.gov). The public record for a public version will be issued hydrolyzed in excess of 80 percent, whether or not these investigations may be viewed on thereafter, pursuant to section 207.22 of mixed or diluted with commercial levels of the Commission’s rules. defoamer or boric acid, except as noted below. the Commission’s electronic docket Hearing.—The Commission will hold The following products are specifically excluded (EDIS–ON–LINE) at http:// a hearing in connection with the final from the scope of these investigations: edis.usitc.gov. (1) PVA in fiber form. phase of these investigations beginning (2) PVA with hydrolysis less than 83 mole SUPPLEMENTARY INFORMATION: at 9:30 a.m. on May 8, 2003, at the U.S. percent and certified not for use in the production Background.—The final phase of International Trade Commission of textiles. these investigations is being scheduled Building. Requests to appear at the (3) PVA with hydrolysis greater than 85 percent as a result of affirmative preliminary and viscosity greater than or equal to 90 cps. hearing should be filed in writing with (4) PVA with a hydrolysis greater than 85 percent, determinations by the Department of the Secretary to the Commission on or viscosity greater than or equal to 80 cps but less Commerce that imports of polyvinyl before May 1, 2003. A nonparty who has than 90 cps, certified for use in an ink jet alcohol from China and Korea are being testimony that may aid the application. sold in the United States at less than fair (5) PVA for use in the manufacture of an Commission’s deliberations may request excipient or as an excipient in the manufacture of value within the meaning of section 733 permission to present a short statement film coating systems which are components of a of the Act (19 U.S.C. 1673b). The at the hearing. All parties and drug or dietary supplement, and accompanied by an investigations were requested in a nonparties desiring to appear at the end-use certification. petition filed on September 5, 2002, by hearing and make oral presentations (6) PVA covalently bonded with cationic monomer uniformly present on all polymer chains Celanese Chemicals, Ltd. of Dallas, TX should attend a prehearing conference in a concentration equal to or greater than one mole and E.I. du Pont de Nemours & Co. of to be held at 9:30 a.m. on May 5, 2003, percent. Wilmington, DE. at the U.S. International Trade (7) PVA covalently bonded with carboxylic acid Participation in the investigations and Commission Building. Oral testimony uniformly present on all polymer chains in a concentration equal to or greater than two mole public service list.—Persons, including and written materials to be submitted at percent, certified for use in a paper application. industrial users of the subject the public hearing are governed by (8) PVA covalently bonded with thiol uniformly merchandise and, if the merchandise is sections 201.6(b)(2), 201.13(f), and present on all polymer chains, certified for use in sold at the retail level, representative 207.24 of the Commission’s rules. emulsion polymerization of non-vinyl acetic material. consumer organizations, wishing to Parties must submit any request to (9) PVA covalently bonded with paraffin participate in the final phase of these present a portion of their hearing uniformly present on all polymer chains in a investigations as parties must file an testimony in camera no later than 7 concentration equal to or greater than one mole entry of appearance with the Secretary days prior to the date of the hearing. percent. to the Commission, as provided in Written submissions.—Each party (10) PVA covalently bonded with silan uniformly present on all polymer chains certified for use in section 201.11 of the Commission’s who is an interested party shall submit paper coating applications. rules, no later than 21 days prior to the a prehearing brief to the Commission. (11) PVA covalently bonded with sulfonic acid hearing date specified in this notice. A Prehearing briefs must conform with the uniformly present on all polymer chains in a party that filed a notice of appearance provisions of section 207.23 of the concentration level equal to or greater than one mole percent. during the preliminary phase of the Commission’s rules; the deadline for (12) PVA covalently bonded with acetoacetylate investigations need not file an filing is May 1, 2003. Parties may also uniformly present on all polymer chains in a additional notice of appearance during file written testimony in connection concentration level equal to or greater than one this final phase. The Secretary will with their presentation at the hearing, as mole percent. provided in section 207.24 of the (13) PVA covalently bonded with polyethylene maintain a public service list containing oxide uniformly present on all polymer chains in the names and addresses of all persons, Commission’s rules, and posthearing a concentration level equal to or greater than one or their representatives, who are parties briefs, which must conform with the mole percent. to the investigations. provisions of section 207.25 of the (14) PVA covalently bonded with quaternary Limited disclosure of business Commission’s rules. The deadline for amine uniformly present on all polymer chains in a concentration level equal to or greater than one proprietary information (BPI) under an filing posthearing briefs is May 15, mole percent. administrative protective order (APO) 2003; witness testimony must be filed
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no later than three days before the SUMMARY: The purpose of this notice is NATIONAL AERONAUTICS AND hearing. In addition, any person who to announce the meeting of the Criminal SPACE ADMINISTRATION has not entered an appearance as a party Justice Information Services (CJIS) [Notice (03–041)] to the investigations may submit a Advisory Policy Board (APB). The CJIS written statement of information APB is responsible for reviewing policy NASA Advisory Council, Biological pertinent to the subject of the issues, uniform crime reports, and and Physical Research Advisory investigations on or before May 15, appropriate technical and operational Committee, Commercial Advisory 2003. On May 30, 2003, the Commission issues related to the programs Subcommittee; Meeting will make available to parties all administered by the FBI’s CJIS Division, AGENCY: information on which they have not had and thereafter, make appropriate National Aeronautics and Space Administration. an opportunity to comment. Parties may recommendations to the FBI Director. submit final comments on this The programs administered by the FBI ACTION: Notice of meeting. information on or before June 3, but CJIS Division are: the Integrated such final comments must not contain SUMMARY: In accordance with the Automated Fingerprint Identification new factual information and must Federal Advisory Committee Act, Public otherwise comply with section 207.30 of System, the Interstate Identification Law 92–463, as amended, the National the Commission’s rules. In addition, Index, Law Enforcement Online, Aeronautics and Space Administration parties may submit comments National Crime Information Center, the announces a meeting of the NASA concerning the Department of National Instant Criminal Background Advisory Council, Biological and Commerce’s final determinations on Check System, the National Incident- Physical Research Advisory Committee, China and Korea only, on or before Based Reporting System, and Uniform Commercial Advisory Subcommittee August 19, 2003. All written Crime Reporting. (CAS). submissions must conform with the The meeting will be open to the DATES: Monday, April 28, 2003, 9 a.m. provisions of section 201.8 of the public on a first-come, first-seated basis. to 5 p.m. Commission’s rules; any submissions Any member of the public wishing to ADDRESSES: NASA Ames Research that contain BPI must also conform with file a written statement concerning the Center, Moffet Field, California, the CEE the requirements of sections 201.6, FBI’s CJIS Division programs or wishing Conference Room 261, Building 213, in 207.3, and 207.7 of the Commission’s to address this session should notify the the Systems Engineering Division. rules. The Commission’s rules do not Designated Federal Employee, Mr. Roy authorize filing of submissions with the FOR FURTHER INFORMATION CONTACT: Ms. G. Weise at (304) 625–2730, at least 24 Candace Livingston, Code US, National Secretary by facsimile or electronic hours prior to the start of the session. means, except to the extent permitted by Aeronautics and Space Administration, section 201.8 of the Commission’s rules, The notification should contain the Washington, DC 20546, (202) 358–0697. as amended, 67 FR 68036 (November 8, requester’s name, corporate designation, SUPPLEMENTARY INFORMATION: The 2002). and consumer affiliation or government meeting will be open to the public up In accordance with sections 201.16(c) designation along with a short statement to the seating capacity of the room. and 207.3 of the Commission’s rules, describing the topic to be addressed and Advance notice of attendance to the each document filed by a party to the the time needed for the presentation. A Executive Secretary is requested. The investigations must be served on all requestor will ordinarily be allowed no agenda for the meeting will include the other parties to the investigations (as more than 15 minutes to present a topic. following topics: identified by either the public or BPI —Introduction/Remarks DATES: service list), and a certificate of service The APB will meet in open —Report from the Space Station must be timely filed. The Secretary will session from 9 a.m. until 5 p.m., on June Utilization Advisory Subcommittee not accept a document for filing without 4–5, 2003. —Knowledge Mapping Activities a certificate of service. ADDRESSES: The meeting will take place —Decision Rules Authority: These investigations are being at the Renaissance Cleveland Hotel, 24 —Status of International Space Station conducted under authority of title VII of the Public Square, Cleveland, Ohio, Research Institute Tariff Act of 1930; this notice is published telephone (216) 696–5600. —Legislative Issues/Research Re- pursuant to section 207.21 of the planning Activities Commission’s rules. FOR FURTHER INFORMATION CONTACT: —Commercial Participating in OBPR By order of the Commission. Inquiries may be addressed to Mrs. Strategic Road Mapping Issued: April 7, 2003. Margery E. Broadwater, Management —Committee Discussion Marilyn R. Abbott, Analyst, Advisory Groups Management —Wrap-Up/Recommendations Secretary to the Commission. Unit, Programs Development Section, Attendees will be requested to sign a [FR Doc. 03–8968 Filed 4–11–03; 8:45 am] FBI CJIS Division, Module C3, 1000 register and to comply with NASA BILLING CODE 7020–02–P Custer Hollow Road, Clarksburg, West security requirements, including the Virginia 26306–0149, telephone (304) presentation of a valid picture ID, before 625–2446, facsimile (304) 625–5090. receiving an access badge. Foreign DEPARTMENT OF JUSTICE Dated: April 2, 2003. nationals attending this meeting will be required to provide the following Roy G. Weise, Federal Bureau of Investigation information: Full name; gender; date/ Designated Federal Employee, Criminal place of birth; citizenship; visa/ Meeting of the CJIS Advisory Policy Justice Information Services Division, Federal greencard information (number, type, Board Bureau of Investigation. expiration date); passport information [FR Doc. 03–9045 Filed 4–11–03; 8:45 am] AGENCY: Federal Bureau of Investigation (number, country, expiration date); BILLING CODE 4410–02–M (FBI), Justice. employer/affiliation information (name of institution, address, country, phone); ACTION: Meeting notice. title/position of attendee. To expedite
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admittance, attendees can provide notice, write to the Life Cycle total number of schedule items, and the identifying information in advance by Management Division (NWML), number of temporary items (the records contacting Ms. Shirley Berthold via e- National Archives and Records proposed for destruction). It also mail at [email protected] or Administration (NARA), 8601 Adelphi includes a brief description of the by telephone at (650) 604–1654. Road, College Park, MD 20740–6001. temporary records. The records Attendees will be escorted at all times. Requests also may be transmitted by schedule itself contains a full It is imperative that the meeting be FAX to 301–837–3698 or by e-mail to description of the records at the file unit held on these dates to accommodate the [email protected]. Requesters must level as well as their disposition. If scheduling priorities of the key cite the control number, which appears NARA staff has prepared an appraisal participants. in parentheses after the name of the memorandum for the schedule, it too agency which submitted the schedule, includes information about the records. June W. Edwards, and must provide a mailing address. Further information about the Advisory Committee Management Officer, Those who desire appraisal reports disposition process is available on National Aeronautics and Space should so indicate in their request. request. Administration. FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–8991 Filed 4–11–03; 8:45 am] Paul Schedules Pending M. Wester, Jr., Director, Life Cycle BILLING CODE 7510–01–P Management Division (NWML), 1. Department of Agriculture, Animal National Archives and Records and Plant Health Inspection Service Administration, 8601 Adelphi Road, (N1–463–03–1, 4 items, 4 temporary NATIONAL ARCHIVES AND RECORDS College Park, MD 20740–6001. items). User fee records, including forms ADMINISTRATION Telephone: 301–837–3120. E-mail: and background documents. Also [email protected]. included are electronic copies of records Records Schedules; Availability and created using electronic mail and word Request for Comments SUPPLEMENTARY INFORMATION: Each year processing that are associated with all Federal agencies create billions of record series in the Fiscal Affairs AGENCY: National Archives and Records records on paper, film, magnetic tape, Administration (NARA). category of the agency’s records and other media. To control this disposition schedule. ACTION: Notice of availability of accumulation, agency records managers 2. Department of the Air Force, proposed records schedules; request for prepare schedules proposing retention Agency-wide (N1–AFU–03–4, 2 items, 2 comments. periods for records and submit these temporary items). Duplicate copies of schedules for NARA’s approval, using SUMMARY: The National Archives and time and attendance sheets pertaining to the Standard Form (SF) 115, Request for Records Administration (NARA) Air Reserve Technicians. Also included Records Disposition Authority. These publishes notice at least once monthly are electronic copies of records created schedules provide for the timely transfer of certain Federal agency requests for using electronic mail and word into the National Archives of records disposition authority (records processing. historically valuable records and 3. Department of the Air Force, schedules). Once approved by NARA, authorize the disposal of all other Agency-wide (N1–AFU–03–5, 2 items, 2 records schedules provide mandatory records after the agency no longer needs temporary items). Biographical records instructions on what happens to records them to conduct its business. Some on personnel used in public affairs when no longer needed for current schedules are comprehensive and cover programs. Records include information Government business. They authorize all the records of an agency or one of its concerning individual service members the preservation of records of major subdivisions. Most schedules, such as name, current rank, marital continuing value in the National however, cover records of only one status, and local address. Also included Archives of the United States and the office or program or a few series of are electronic copies of records created destruction, after a specified period, of records. Many of these update using electronic mail and word records lacking administrative, legal, previously approved schedules, and processing. research, or other value. Notice is some include records proposed as 4. Department of Defense, Defense published for records schedules in permanent. Finance and Accounting Service (N1– which agencies propose to destroy No Federal records are authorized for 507–02–1, 93 items, 93 temporary records not previously authorized for destruction without the approval of the items). Records relating to payroll and disposal or reduce the retention period Archivist of the United States. This other financial transactions, safety and of records already authorized for approval is granted only after a hazardous materials, security, disposal. NARA invites public thorough consideration of their personnel, property, planning, comments on such records schedules, as administrative use by the agency of publications and forms, Congressional required by 44 U.S.C. 3303a(a). origin, the rights of the Government and inquiries, audiovisual activities, and DATES: Requests for copies must be of private persons directly affected by various administrative matters. Included received in writing on or before May 29, the Government’s activities, and are such records as employee pay 2003. Once the appraisal of the records whether or not they have historical or records, central procurement accounting is completed, NARA will send a copy of other value. system records, government purchase the schedule. NARA staff usually Besides identifying the Federal card records, safety program planning prepare appraisal memorandums that agencies and any subdivisions records, accident reports, records of fire contain additional information requesting disposition authority, this prevention inspections, hazardous concerning the records covered by a public notice lists the organizational material management and training proposed schedule. These, too, may be unit(s) accumulating the records or records, industrial hygiene and requested and will be provided once the indicates agency-wide applicability in occupational health surveys, pollution appraisal is completed. Requesters will the case of schedules that cover records prevention plans and data, reports on be given 30 days to submit comments. that may be accumulated throughout an security investigations of personnel, ADDRESSES: To request a copy of any agency. This notice provides the control audiovisual productions not relating to records schedule identified in this number assigned to each schedule, the the agency’s mission, and case files
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pertaining to coordination of copies of records created using using word processing and electronic Department of Defense issuances. Also electronic mail and word processing. mail. Recordkeeping copies of research included are electronic copies of 9. Department of Homeland Security, reports from institutions receiving documents created using electronic mail Directorate of Border and grants, committee records, and and word processing. Transportation Security (N1–563–03–1, publications are proposed for 5. Department of Defense, National 5 items, 2 temporary items). Inputs and permanent retention. Imagery and Mapping Agency (N1–537– outputs of an electronic system relating 14. Small Business Administration, 03–9, 16 items, 16 temporary items). to immigration enforcement activities. Office of Business Development (N1– Records relating to the production of The complete master file and a public 309–03–04, 12 items, 10 temporary nautical charts and publications. use version are proposed for permanent items). Inputs, outputs, and back up Records pertain to such matters as the retention along with the related system files of an electronic records system measurement and description of the documentation. used for monitoring the status of small physical features and attributes of 10. Department of Justice, Justice businesses owned by economically and bodies of water and their adjoining Management Division (N1–60–03–2, 5 socially disadvantaged individuals. Also coastal areas and the preparation and items, 4 temporary items). Input reports included are electronic copies of evaluation of maritime safety submitted by agency components and documents created using electronic mail information. Also included are other supporting documentation created electronic copies of records created in connection with producing the and word processing. Master files and using electronic mail and word agency’s annual Performance and system documentation are proposed as processing. This schedule authorizes the Accountability Report, which includes permanent. agency to apply the proposed such materials as consolidated financial Dated: April 7, 2003. disposition instructions to any statements and the annual performance Michael J. Kurtz, recordkeeping medium. report required by the Government Assistant Archivist for Record Services— 6. Department of Defense, National Performance and Results Act. Also Washington, DC. Imagery and Mapping Agency (N1–537– included are electronic copies of [FR Doc. 03–8974 Filed 4–11–03; 8:45 am] 03–13, 11 items, 9 temporary items). documents created using electronic mail Records relating to the general and word processing. Recordkeeping BILLING CODE 7515–01–P management and evolution of geospatial copies of the report are proposed for policy and arrangements, including permanent retention. such matters as classification decisions 11. Department of Justice, Drug NATIONAL SCIENCE FOUNDATION and security policy regarding the Enforcement Administration (N1–170– disclosure and release of geospatial data 03–4, 3 items, 3 temporary items. Advisory Committee for Geosciences; Records relating to the content and and products. Also included are Notice of Meeting electronic copies of records created management of the agency’s Web site, using electronic mail and word including electronic copies of records In accordance with the Federal created using electronic mail and word processing. Records proposed for Advisory Committee Act (Pub. L. 92– processing. permanent retention include 463, as amended), the National Science recordkeeping copies of files pertaining 12. Department of Labor, Officer of the Solicitor (N1–174–02–02, 62 items, Foundation announces the following to international and interagency meeting. arrangements and to geospatial policy. 57 temporary items). Records relating to This schedule authorizes the agency to litigation, advice and opinions, and Name: Advisory Committee for apply the proposed disposition office administration. Included are such Geosciences (1755). instructions to any recordkeeping records as legal advice and opinion files Dates: April 30–May 2, 2003. medium. and legislative case files lacking Time: Noon–5:30 p.m. Wednesday, April 7. Department of Defense, National historical significance, copies of 30, 2003, 8:30 a.m.–5:30 p.m. Thursday, May Imagery and Mapping Agency (N1–537– rulemaking records, recommendations 1, 2003, 8:30 a.m.–noon Friday, May 2, 3003. 03–14, 19 items, 19 temporary items). to file appeals or amicus briefs, Freedom Place: National Science Foundation, 4201 Distribution and storage files pertaining of Information Act reports, and Wilson Boulevard, Suite 375, Arlington, VA to maps, charts, and other cartographic electronic systems used to track office 22230. products produced by the agency. software and resource allocation for Type of Meeting: Open. Records relate to such subjects as cases. Also included are electronic Contact Person: Dr. Thomas Spence, inspections of stored items, stock levels, copies of records created using Directorate for Geosciences, National Science Foundation, Suite 705, 4201 Wilson and requisitions. Also included are electronic mail and word processing. Boulevard, Arlington, Virginia 22230, Phone electronic copies of records created Proposed for permanent retention are 703–292–8500. using electronic mail and word recordkeeping copies of such records as Minutes: May be obtained from the contact processing. This schedule authorizes the significant advice and opinion files, person listed above. agency to apply the proposed significant litigation case files, Purpose of Meeting: To provide advice, disposition instructions to any directives, and speeches and recommendations, and oversight concerning recordkeeping medium. congressional testimony. support for research, education, and human 8. Department of Health and Human 13. Department of Transportation, resources development in the geosciences. Services, Food and Drug Administration Research and Special Programs Agenda: (N1–88–03–3, 3 items, 3 temporary Administration (N1–467–01–2, 20 Day 1: Education and Diversity items). Case files relating to seizures and items, 14 temporary items). Records of Subcommittee Meeting; Directorate prosecutions involving agency-approved the Office of the Associate activities and plans. products. Included are such records as Administrator for Innovation, Research Day 2: Division Subcommittee Meetings; copies of labels, promotional materials, and Education, including such records Directorate initiatives. Cross-directorate seizure and analytical reports, notices of as grant files, copies of publications, programs; hearings, and additional prosecution and web site records. Also included are Day 3: Observational activities; records. Also included are electronic electronic copies of records created Communications.
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Dated: April 8, 2003. OFFICE OF PERSONNEL Office of Personnel Management. Susanne Bolton, MANAGEMENT Kay Coles James, Committee Management Officer. Director. Submission for OMB Review; [FR Doc. 03–8990 Filed 4–11–03; 8:45 am] [FR Doc. 03–9023 Filed 4–11–03; 8:45 am] Comment Request for Reclearance of BILLING CODE 6325–50–U BILLING CODE 7555–01–M an Information Collection: SF 2817 AGENCY: Office of Personnel Management. RAILROAD RETIREMENT BOARD NUCLEAR REGULATORY ACTION: Notice. COMMISSION Proposed Data Collection Available for SUMMARY: In accordance with the Public Comment and Recommendations [Docket No. 30–35594–CivP (EA 02–072), Paperwork Reduction Act of 1995 (Pub. ASLBP No. 03–811–02–CivP] L. 104–13, May 22, 1995), this notice SUMMARY: In accordance with the announces that the Office of Personnel requirement of section 3506(c)(2)(A) of Advanced Medical Imaging and Management (OPM) will submit to the the Paperwork Reduction Act of 1995 Nuclear Services; Establishment of Office of Management and Budget which provides opportunity for public Atomic Safety and Licensing Board (OMB) a request for review of an comment on new or revised data information collection. SF 2817, Life collections, the Railroad Retirement Pursuant to delegation by the Insurance Election, is used by Federal Board will publish periodic summaries Commission dated December 29, 1972, employees and assignees (those who of proposed data collections. published in the FR, 37 FR 28,710 have acquired control of an employee/ Comments are invited on: (a) Whether (1972), and §§ 2.205, 2.700, 2.702, 2.714, annuitant’s coverage through an the proposed information collection is 2.714a, 2.717, 2.721, and 2.772(j) of the assignment or ‘‘transfer’’ of the necessary for the proper performance of Commission’s regulations, all as ownership of the life insurance). the functions of the agency, including amended, an Atomic Safety and Clearance of this form for use by active whether the information has practical Licensing Board is being established to Federal employees is not required utility; (b) the accuracy of the RRB’s preside over the following proceeding: according to the Paperwork Reduction estimate of the burden of the collection Act (Pub. L. 98–615). The Public Burden of the information; (c) ways to enhance Advanced Medical Imaging and Nuclear Statement meets the requirements of 5 the quality, utility, and clarity of the Services, Easton, Pennsylvania; Order CFR 1320.8(b)(3). Therefore, only the information to be collected; and (d) Imposing Civil Monetary Penalty. use of this form by assignees, i.e., ways to minimize the burden related to members of the public, is subject to the This Board is being established the collection of information on Paperwork Reduction Act. pursuant to the request of Advanced respondents, including the use of Approximately 100 forms are Medical Imaging and Nuclear automated collection techniques or completed annually by assignees. Each Services, for a hearing regarding an other forms of information technology. form takes approximately 15 minutes to order issued by the NRC staff, dated Title and purpose of information complete. The annual estimated burden collection: February 19, 2003, entitled ‘‘Order is 25 hours. Employer’s Deemed Service Month Imposing Civil Monetary Penalty’’ (68 For copies of this proposal, contact Questionnaire; OMB 3220–0156. FR 10,040 (Mar. 3, 2003)). Mary Beth Smith-Toomey on (202) 606– Section 3(i) of the Railroad Retirement The Board is comprised of the 8358, FAX (202) 418–3251 or via E-mail Act (RRA), as amended by Pub. L. 98– following administrative judges: to [email protected]. Please include a 76, provides that the Railroad mailing address with your request. Retirement Board (RRB), under certain Thomas S. Moore, Chairman, Atomic circumstances, may deem additional Safety and Licensing Board Panel, DATES: Comments on this proposal months of service in cases where an U.S. Nuclear Regulatory Commission, should be received on or before May 14, 2003. employee does not actually work in Washington, DC 20555–0001. every month of the year, provided the ADDRESSES: Send or deliver comments Dr. Charles N. Kelber, Atomic Safety to— employee satisfies certain eligibility and Licensing Board Panel, U.S. requirements, including the existence of Nuclear Regulatory Commission, Christopher N. Meuchner, Program an employment relation between the Washington, DC 20555–0001. Planning & Evaluation Group, Center employee and his or her employer. The for Retirement and Insurance procedures pertaining to the deeming of Dr. Peter S. Lam, Atomic Safety and Services, U.S. Office of Personnel Licensing Board Panel, U.S. Nuclear additional months of service are found Management, 1900 E Street, NW., in the RRB’s regulations at 20 CFR part Regulatory Commission, Washington, Room 3425, Washington, DC 20415– DC 20555–0001. 210, Creditable Railroad Service. 3660 The RRB utilizes Form GL–99, All correspondence, documents and and Employers Deemed Service Month other materials shall be filed with the Stuart Shapiro, OPM Desk Officer, Questionnaire, to obtain service and Panel Judges in accordance with 10 CFR Office of Information & Regulatory compensation information from railroad 2.701. Affairs, Office of Management and employers needed to determine if an Budget, New Executive Office employee can be credited with Issued at Rockville, Maryland, this 8th day Building, NW., Room 10235, of April 2003. additional deemed months of railroad Washington, DC 20503. service. Completion is mandatory. One G. Paul Bollwerk, III, FOR FURTHER INFORMATION CONTACT: response is required for each RRB Chief Administrative Judge, Atomic Safety Cyrus S. Benson, Team Leader, Desktop inquiry. and Licensing Board Panel. Publishing and Printing Team, Center The RRB proposes minor non-burden [FR Doc. 03–9025 Filed 4–11–03; 8:45 am] for Retirement and Insurance Services, impacting changes to Form GL–99. The BILLING CODE 7590–01–U (202) 606–0623. completion time for Form GL–99 is
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estimated at 2 minutes per response. its present form, and added a crowd in response to a floor broker’s request The RRB estimates that approximately clarification concerning specialist for a market; or 4,000 responses are received annually. participation in facilitation (ii) 40% of the order if the member firm 4 improves the market that was provided by ADDITIONAL INFORMATION OR COMMENTS: transactions. The proposed rule the trading crowd in response to a floor To request more information or to change, as amended by Amendment No. broker’s request and the order is traded at obtain a copy of the information 4, is described in Items I and II below, that best bid or offer. which Items have been prepared by the collection justification, forms, and/or If, however, a public customer order Exchange. On April 1, 2003, the Amex supporting material, please call the RRB on the specialist’s book or represented filed Amendment No. 5 to the proposed Clearance Officer at (312) 751–3363. in the trading crowd has priority over rule change, requesting that the Comments regarding the information the facilitation order, the member firm Commission accelerate approval of the collection should be addressed to may participate in only those contracts proposal.5 The Commission is Ronald J. Hodapp, Railroad Retirement remaining after the public customer’s Board, 844 N. Rush Street, Chicago, publishing this notice to solicit order has been filled. Illinois 60611–2092. Written comments comments on the proposed rule change (2) No change. should be received within 60 days of from interested persons, and is granting (3) if a facilitation transaction this notice. accelerated approval of the proposed pursuant to this subparagraph (d) occurs rule change. at the specialist’s bid or offer, [then] the Chuck Mierzwa. I. Self-Regulatory Organization’s specialist shall be allocated the greater Clearance Officer. of either (i) 20% of the executed [FR Doc. 03–8993 Filed 4–11–03; 8:45 am] Statement of the Terms of Substance of the Proposed Rule Change contracts if the facilitating member firm, BILLING CODE 7905–01–M pursuant to subparagraph (d)(1)(i), has The Amex proposes to permanently participated to the extent of 20% of the approve its pilot program relating to executed contracts; or (ii) a share of the SECURITIES AND EXCHANGE facilitation cross transactions, with an executed contracts that have been COMMISSION added clarification concerning specialist divided equally among the specialist participation in such transactions. The and other participants to the trade. [Release No. 34–47643; File No. SR–Amex– text of the proposed rule change is set 2000–49] T[t]he specialist’s participation forth below. Additions are italicized; allocation [pursuant to trading floor Self-Regulatory Organizations; Notice deletions are in brackets. practices,] shall only apply to the of Filing and Order Granting * * * * * number of contracts remaining after all public customer orders and the member Accelerated Approval to Proposed Rule 950—Rules of General firm’s facilitation order have been Rule Change by the American Stock Applicability Exchange LLC to Permanently satisfied. However, the total number of Approve Its Pilot Program Relating to (a)–(c) No change. contracts guaranteed to be allocated to Facilitation Cross Transactions (d) The provisions of Rule 126, with the member firm and the specialist in the exception of subparagraphs (a) and the aggregate shall not exceed 40% of April 7, 2003 (b) thereof, shall apply to Exchange the facilitation transaction. If the Pursuant to Section 19(b)(1) of the options transactions and the following facilitation transaction occurs at a price Securities Exchange Act of 1934 additional commentary shall also apply. at which the specialist is not on parity, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the specialist is entitled to no * * * Commentary notice is hereby given that on August guaranteed participation allocation. 22, 2000, the American Stock Exchange .01 No change. (4) No change. LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with .02 A member who holds both an .03–.07 No change. the Securities and Exchange order for a public customer of a member * * * * * Commission (‘‘Commission’’) a organization and a facilitation order II. Self-Regulatory Organization’s proposed rule change to revise and may cross such orders if: Statement of the Purpose of, and permanently approve its pilot program (a)–(c) No change. Statutory Basis for, the Proposed Rule relating to facilitation cross transactions. (d)(1) notwithstanding paragraph (c) Change On August 29, 2000, October 15, 2002, above, a member firm seeking to and January 29, 2003, respectively, the facilitate its own public customer’s In its filing with the Commission, the Amex filed Amendment Nos. 1, 2, and equity option order for the eligible order Amex included statements concerning 3 to the proposed rule change.3 On size will be permitted to participate in the purpose of, and basis for, the March 18, 2003, the Amex filed the firm’s proprietary account as the proposed rule change and discussed any Amendment No. 4 to the proposed rule contra-side of that order to the extent of comments it received on the proposed change, in which the Exchange replaced the percentages set forth below: rule change. The text of these statements the original proposal and previous (i) 20% of the order if the order is traded may be examined at the places specified amendments with a proposal to at the best bid or offer given by the trading in Item III below. The Amex has permanently adopt the pilot program in prepared summaries, set forth in 4 See letter from Claire P. McGrath, Senior Vice Sections A, B, and C below, of the most 1 15 U.S.C. 78s(b)(1). President and Deputy General Counsel, Amex, to significant aspects of such statements. 2 17 CFR 240.19b–4. Elizabeth King, Associate Director, Division, 3 See letter from Claire P. McGrath, Vice President Commission, dated March 17, 2003. The proposed A. Self-Regulatory Organization’s and Special Counsel, Amex, to Nancy Sanow, rule change, as originally filed, and Amendment Statement of the Purpose of, and Assistant Director, Division of Market Regulation Nos. 1, 2, and 3 contained significant proposed Statutory Basis for, the Proposed Rule (‘‘Division’’), Commission, dated August 28, 2000, revisions to the pilot program that the Exchange in Change and letters from Claire P. McGrath, Senior Vice Amendment No. 4 determined to delete. President and Deputy General Counsel, Amex, to 5 See letter from Claire P. McGrath, Senior Vice 1. Purpose Elizabeth King, Associate Director, Division, President and Deputy General Counsel, Amex, to Commission, dated October 14, 2002, and January Elizabeth King, Associate Director, Division, The Exchange proposes to 28, 2003. Commission, dated March 31, 2003. permanently approve its pilot program
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relating to facilitation cross transactions, to Amex Rule 950(d) to clarify the amendments, all written statements with an added clarification concerning participation of the specialist in with respect to the proposed rule specialist participation in such executed contracts allocated after all change that are filed with the transactions. The pilot program was public customer orders and the member Commission, and all written initially approved by the Commission firm’s facilitation order have been communications relating to the on June 2, 2000, was most recently satisfied.8 Subparagraph (d)(3) would proposed rule change between the extended on January 10, 2003, and is provide that the specialist shall be Commission and any person, other than due to expire on April 7, 2003.6 allocated the greater of either: (i) 20% of those that may be withheld from the Commentary .02(d) to Amex Rule the executed contracts if the facilitating public in accordance with the 950(d) established a pilot program to member firm, pursuant to the provisions of 5 U.S.C. 552, will be allow facilitation cross transactions in subparagraph (d)(1)(i) of Commentary available for inspection and copying in equity options.7 The pilot program .02, has participated to the extent of the Commission’s Public Reference entitles a floor broker, under certain 20% of the executed contracts; or (ii) a Room. Copies of the filing will also be conditions, to cross a specified share of the executed contracts that have available for inspection and copying at percentage of a customer order with an been divided equally among the the principal office of the Exchange. All order for the member firm’s proprietary specialist and other participants to the submissions should refer to File No. account before specialists and/or trade. SR–Amex–2000–49 and should be registered options traders in the crowd submitted by May 5, 2003. can participate in the transaction. The 2. Statutory Basis provision generally applies to orders of The Exchange believes that the IV. Commission Findings and Order 400 contracts or more. However, the proposed rule change is consistent with Granting Accelerated Approval of Exchange is permitted to establish Section 6(b) of the Act 9 in general, and Proposed Rule Change smaller eligible order sizes, on a class- furthers the objectives of Section 6(b)(5) The Commission finds that the by-class basis, provided that the eligible of the Act 10 in particular, in that it is proposed rule change is consistent with order size is not for fewer than 50 designed to prevent fraudulent and the requirements of the Act and the contracts. manipulative acts and practices, to rules and regulations thereunder The amount of the guaranteed promote just and equitable principles of applicable to a national securities participation percentage depends upon trade, and is not designed to permit exchange.11 In its approval of the pilot a comparison of the original market unfair discrimination between program,12 the Commission detailed its quoted by the trading crowd in response customers, issuers, brokers or dealers. reasons for finding the program’s to a request from the floor broker and substantive features consistent with the B. Self-Regulatory Organization’s the price at which the orders are traded. Act, and, in particular, the requirements Statement on Burden on Competition If the order is traded at the best bid or of Sections 6(b)(5) and 6(b)(8) of the offer provided by the trading crowd in The Exchange believes that the Act.13 The Commission has previously response to the floor broker’s initial proposed rule change will impose no approved rules on other exchanges that request for a market, then the floor burden on competition. establish substantially similar programs broker is entitled to cross 20% of the on a permanent basis,14 and the order. If the order is traded at a price C. Self-Regulatory Organization’s Statement on Comments on the establishment of the pilot as a that improves the market provided by permanent program on the Amex raises the trading crowd (i.e., at a price Proposed Rule Change Received From Members, Participants, or Others no new regulatory issues for between the best bid and offer) in consideration by the Commission. response to the floor broker’s initial No written comments were solicited The Commission notes that, in request for a market, then the floor or received with respect to the proposed approving member firms participation broker is entitled to cross 40% of the rule change. rights and other guaranteed order. In addition, the facilitating participations in the past, it has found member firm may only participate in the III. Solicitation of Comments that rules entitling a market executed contracts after public customer Interested persons are invited to participant(s) to up to 40% of an order orders on the specialist’s book or submit written data, views, and are not inconsistent with the statutory represented by a floor broker in the arguments concerning the foregoing, standards of competition and free and crowd have been filled. including whether the proposed rule open markets.15 The Commission has In addition to its proposal to adopt change is consistent with the Act. raised concerns, on the other hand, the pilot program permanently, the Persons making written submissions about participation guarantees that Exchange proposes to revise should file six copies thereof with the ‘‘lock up’’ a larger percentage of an subparagraph (d)(3) of Commentary .02 Secretary, Securities and Exchange order, and thereby reduce the number of Commission, 450 Fifth Street, NW., 6 See Securities Exchange Act Release Nos. 42894 Washington, DC 20549–0609. Copies of 11 In approving this proposal, the Commission has (June 2, 2000), 65 FR 36850 (June 12, 2000); 43229 the submission, all subsequent (August 30, 2000), 65 FR 54572 (September 8, considered the proposed rule’s impact on 2000); 44019 (February 28, 2001), 66 FR 13819 efficiency, competition, and capital formation. 15 (March 7, 2001); 44538 (July 11, 2001), 66 FR 37507 8 In addition to the clarification provided by the U.S.C. 78c(f). (July 18, 2001); 44924 (October 11, 2001), 66 FR proposed rule change, subparagraph (d)(3) would 12 See supra, note 6. 53456 (October 22, 2001); 45241 (January 7, 2002), continue to include the general statement that if the 13 15 U.S.C. 78f(b)(5) and (b)(8). 67 FR 1524 (January 11, 2002); 45703 (April 8, facilitation transaction occurred at the specialist’s 14 See, e.g., Securities Exchange Act Release Nos. 2002), 67 FR 18272 (April 15, 2002); 46176 (July 9, bid or offer, the total number of contracts 42835 (May 26, 2000), 65 FR 35683 (June 5, 2000), 2002), 67 FR 47007 (July 17, 2002); 46630 (October guaranteed to the member firm and the specialist and 42848 (May 26, 2000), 65 FR 36206 (June 7, 9, 2002), 67 FR 64425 (October 18, 2002); and 47153 in the aggregate could not exceed 40% of the 2000). (January 10, 2003), 68 FR 2378 (January 16, 2003). facilitation transaction. If the facilitation transaction 15 See, e.g., Securities Exchange Act Release Nos. 7 Facilitation cross transactions occur when a occurred at a price at which the specialist was not 42455 (February 24, 2000), 65 FR 11388 (March 2, floor broker representing the order of a public on parity, the specialist would be entitled to no 2000); 42894 (June 2, 2000), 65 FR 36850 (June 12, customer of a member firm crosses that order with guaranteed participation allocation. 2000); 42835 (May 26, 2000), 65 FR 35683 (June 5, a contra side order from the firm’s proprietary 9 15 U.S.C. 78f(b). 2000); 42848 (May 26, 2000), 65 FR 36206 (June 7, account. 10 15 U.S.C. 78f(b)(5). 2000).
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contracts for which the trading crowd For the Commission, by the Division of 7050. Other Services can compete.16 The Amex facilitation Market Regulation, pursuant to delegated 18 (a) No change. program guarantees an allocation of no authority. (b) No change. more than 40% of an order to a member Margaret H. McFarland, (c) No change. firm seeking to facilitate an order. Deputy Secretary. Moreover, the Amex rule includes a [FR Doc. 03–8997 Filed 4–11–03; 8:45 am] (d) Nasdaq Testing Facility [(NTF)] (1) Subscribers that conduct tests of provision that limits the number of BILLING CODE 8010–01–P contracts to be allocated to the their computer-to-computer interface facilitating firm and the specialist in the (CTCI), NWII application programming aggregate to no more than 40% of the SECURITIES AND EXCHANGE interface (API), or market data vendor order. The rule for which the Amex COMMISSION feeds through the Nasdaq Testing seeks permanent approval is consistent Facility (NTF) [of The Nasdaq Stock [Release No. 34–47648; File No. SR–NASD– Market, Inc. (Nasdaq)] shall pay the with the Commission’s position with 2003–53] respect to participation guarantees. following charges: The language that the Amex proposes Self-Regulatory Organizations; Notice $285/hour—For an Active Connection to add to the rule would clarify that, if of Filing and Immediate Effectiveness for CTCI/NWII API testing [between 9 the facilitating firm has participated in of Proposed Rule Change by the a.m. and 5 p.m. E.T. on business days] the 20% of the contracts to which it is National Association of Securities during the normal operating hours of entitled when the order is traded at the Dealers, Inc. To Modify Nasdaq Test the NTF; best bid or offer provided by the trading Facility Pricing Under Rule 7050 for $75/hour—For an Idle Connection for crowd in response to the floor broker’s NASD Members CTCI/NWII API testing during the initial request for a market, the normal operating hours of the NTF, specialist would be allocated either the April 8, 2003. unless such an Idle Connection is over greater of 20% of the executed contracts Pursuant to section 19(b)(1) of the a dedicated circuit; or a share of the executed contracts that Securities Exchange Act of 1934 No charge—For an Idle Connection for have been divided equally among the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 CTCI/NWII API testing if such an Idle specialist and other participants in the notice is hereby given that on March 24, Connection is over a dedicated circuit trade. This provision is consistent with 2003, the National Association of during the normal operating hours of the Commission’s position regarding Securities Dealers, Inc. (‘‘NASD’’), the NTF; participation guarantees and comports through its subsidiary, The Nasdaq $333/hour—For CTCI/NWII API testing with the Commission’s understanding of Stock Market, Inc. (‘‘Nasdaq’’), filed (for both Active and Idle Connections) how the Amex rule was to be applied with the Securities and Exchange at all [other] times other than the when the Commission approved the Commission (‘‘Commission’’) the normal operating hours of the NTF rule on a pilot basis. proposed rule change as described in [on business days, or on weekends As noted above, the Exchange has Items I, II and III below, which Items and holidays]. requested that the Commission grant have been prepared by Nasdaq. Nasdaq (2)(A) An ‘‘Active Connection’’ accelerated approval to the proposed has designated this proposal as one commences when the user begins to rule change. The Exchange states that establishing or changing a due, fee or send and/or receive a transaction to and the pilot program has been in effect for other charge imposed by the self- from the NTF and continues until the almost three years without incident and regulatory organization under section earlier of disconnection or the that substantially similar rules are in 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– commencement of an Idle Connection. place at the Chicago Board Options 4(f)(2) thereunder,4 which renders the (B) An ‘‘Idle Connection’’ commences Exchange, the Pacific Exchange, and the proposed rule change effective upon after a Period of Inactivity and International Securities Exchange.17 The filing with the Commission. The continues until the earlier of Exchange adds that accelerated approval Commission is publishing this notice to disconnection or the commencement of would obviate the need to extend the solicit comments on the proposed rule an Active Connection. If a Period of pilot program beyond its current change from interested persons. Inactivity occurs immediately after expiration date of April 7, 2003. I. Self-Regulatory Organization’s subscriber’s connection to the NTF is The Commission finds good cause, established and is then immediately consistent with Sections 6(b) and Statement of the Terms of Substance of the Proposed Rule Change followed by an Idle Connection, then 19(b)(2) of the Act, for approving the such Period of Inactivity shall also be proposed rule change prior to the Nasdaq proposes to modify Nasdaq deemed a part of the Idle Connection. thirtieth day after the date of Test Facility pricing under Rule 7050 (C) A ‘‘Period of Inactivity’’ is an publication of the notice of filing thereof for NASD members.5 Nasdaq will uninterrupted period of time of in the Federal Register. The proposal implement the proposed rule change on specified length when the connection is raises no new regulatory issue and will April 1, 2003. The text of the proposed open but the NTF is not receiving from make permanent a pilot program that rule change is below. Proposed new or sending to subscriber any comports with the facilitation cross language is in italics; proposed transactions. The length of the Period of rules of other exchanges. deletions are in [brackets]. Inactivity shall be such period of time It is therefore ordered, pursuant to * * * * * between 5 minutes and 10 minutes in Section 19(b)(2) of the Act, that the length as Nasdaq may specify from time proposed rule change (SR–Amex–2000– 18 17 CFR 200.30–3(a)(12). to time by giving notice to users of the 49), as amended, be, and hereby is, 1 15 U.S.C. 78s(b)(1). NTF. approved on an accelerated basis. 2 17 CFR 240.19b–4. (3) The foregoing hourly fees shall not 3 15 U.S.C. 78s(b)(3)(A)(ii). apply to market data vendor feed 16 4 See, e.g., Securities Exchange Act Release No. 17 CFR 240.19b–4(f)(2). testing, or testing occasioned by: 43100 (July 31, 2000), 65 FR 48778 (August 9, 5 Nasdaq is also submitting a proposed rule 2000). change to establish an identical fee for non- (A) new or enhanced services and/or 17 See Amendment No. 5. members. See SR–NASD–2003–54. software provided by Nasdaq[.] or
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(B) modifications to software and/or have elapsed since the subscriber monthly fee, in addition to any services initiated by Nasdaq in response commenced the testing of such Nasdaq applicable hourly fee described in to a contingency[.]; or service. section (d)(1) above, in accordance with (C) testing by a subscriber of a Nasdaq ([3]4) Subscribers that conduct CTCI/ the following schedule: service that the subscriber has not used API or market data vendor feed tests previously, except if more than 30 days using a dedicated circuit shall pay a
Service Description [Proposed] price
NTF Market Data ...... Test Market Data Vendor Feeds over a 56kb dedicated circuit ... $1,100/circuit/month. NTF NWII API ...... NWII API service to an onsite test SDP over a 56kb dedicated $1,100/circuit/month. circuit. NTF CTCI ...... CTCI service over a 56kb dedicated circuit ...... $1,100/circuit/month. NTF Test Suite ...... NWII API service and CTCI service over two 56kb circuits (128 $1,800/2 circuits/month. kb). NTF Circuit Installation ...... Installation of any service option including SDP configuration ..... $700/circuit/installation.
([4]5) New NTF subscribers that sign subscribers to make greater use of issuers and other persons using any a one-year agreement for dedicated Nasdaq services. facility or system which the NASD testing service shall be eligible to The proposed rule distinguishes operates or controls. By adopting a receive 90-calendar days free dedicated between active and idle connections to pricing structure that is responsive to testing service. the NTF. An active connection is in subscriber needs and market demands, ([5]6) ‘‘New NTF subscribers’’ are effect while transactions are actually the proposed rule supports efficient use subscribers that being transmitted and for a brief period of existing systems and ensures that the (A) have never had dedicated testing of inactivity thereafter. The existing charges associated with such use are service; or hourly rate ($285 per hour) remains allocated equitably. unchanged with respect to the times (B) have not had dedicated testing when the connection is active during B. Self-Regulatory Organization’s service within the last 6 calendar the NTF’s normal operating hours. Statement on Burden on Competition months. However, if no transactions are being Nasdaq does not believe that the * * * * * transmitted over an open connection, proposed rule change will result in any II. Self-Regulatory Organization’s then, after a certain period of inactivity, burden on competition that is not Statement of the Purpose of, and that connection would be deemed idle necessary or appropriate in furtherance Statutory Basis for, the Proposed Rule and a newly established lower rate ($75 of the purposes of the Act. per hour) will apply. Initially, the Change C. Self-Regulatory Organization’s period during which a connection needs Statement on Comments on the In its filing with the Commission, to remain inactive before it will be Proposed Rule Change Received From Nasdaq included statements concerning deemed idle will be 10 minutes. Members, Participants or Others the purpose of and basis for the However, Nasdaq reserves the right to proposed rule change and discussed any adjust this time within a range of 5 to Written comments were neither comments it received on the proposed 10 minutes by giving notice of the solicited nor received. rule change. The text of these statements change to NTF subscribers. The idle III. Date of Effectiveness of the may be examined at the places specified connection rate will not apply outside Proposed Rule Change and Timing for in Item IV below. Nasdaq has prepared of NTF’s normal operating hours, when Commission Action summaries, set forth in sections A, B, the existing rate ($333 per hour) remains and C below, of the most significant unchanged for both active and idle The proposed rule change has become aspects of such statements. connections. immediately effective pursuant to The proposed rule also eliminates idle section 19(b)(3)(A)(ii) of the Act,8 and A. Self-Regulatory Organization’s subparagraph (f)(2) of Rule 19b–4 Statement of the Purpose of, and connection charges during the NTF’s normal operating hours for NTF thereunder,9 in that it establishes or Statutory Basis for, the Proposed Rule subscribers with dedicated circuit changes a due, fee, or other charge Change connections and waives hourly charges imposed by the self-regulatory 1. Purpose during the times over an initial 30-day organization. At any time within 60 period when a subscriber is using NTF days of the filing of such proposed rule The proposed rule change seeks to to test a Nasdaq service that the change, the Commission may summarily make certain modifications to the subscriber has not used previously. abrogate the rule change if it appears to pricing of testing services provided the Commission that such action is through the Nasdaq Test Facility 2. Statutory Basis necessary or appropriate in the public (‘‘NTF’’). The objectives of the pricing Nasdaq believes that the proposed interest, for the protection of investors, changes are to reduce barriers to entry rule change is consistent with the or otherwise in furtherance of the for new Nasdaq subscribers and to provisions of section 15A of the Act,6 purposes of the Act. address feedback from subscribers including section 15A(b)(5) of the Act,7 regarding current test fees. In some which requires that the rules of the IV. Solicitation of Comments instances, the current charges are not NASD provide for the equitable Interested persons are invited to cost efficient for subscribers, and as a allocation of reasonable dues, fees and submit written data, views, and consequence, firms may choose not to other charges among members and arguments concerning the foregoing, test through NTF or elect not to connect to Nasdaq’s systems at all. The proposed 6 15 U.S.C. 78o–3. 8 15 U.S.C. 78s(b)(3)(A)(ii). rule change seeks to encourage 7 15 U.S.C. 78o–3(b)(5). 9 17 CFR 240.19b–4(f)(2).
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including whether the proposed rule solicit comments on the proposed rule rules and interpretations relating to ITS/ change is consistent with the Act. change from interested persons. CAES Market Makers, including the Persons making written submissions requirement to enter and maintain two- I. Self-Regulatory Organization’s should file six copies thereof with the sided quotations in CQS for such Statement of the Terms of Substance of Secretary, Securities and Exchange security, subject to the excused the Proposed Rule Change Commission, 450 Fifth Street, NW., withdrawal procedures set forth in Rule Washington, DC 20549–0609. Copies of Nasdaq is filing this proposed rule 6350; and the submission, all subsequent change in order to eliminate the [(3) submit to the Application a amendments, all written statements requirement that Primex Auction minimum of 80%* of the number of its with respect to the proposed rule System Market Makers (‘‘PAMMs’’) Mandatory Eligible Orders (including change that are filed with the submit a minimum percentage of certain customer orders of another broker- Commission, and all written orders to the Primex Auction System dealer that has directed such orders to communications relating to the (‘‘Primex’’ or ‘‘System’’) in order to the Participant) as soon as practicable proposed rule change between the retain their status as PAMMs. upon receipt by the Participant, for the Commission and any person, other than The text of the proposed rule change purpose of exposing such orders to the those that may be withheld from the appears below. Proposed new language Primex Crowd. Mandatory Eligible public in accordance with the is underlined; proposed deletions are in Orders do not include: provisions of 5 U.S.C. 552, will be brackets. (A) Any customer order that is greater available for inspection and copying in 5010. NASDAQ Application of the than 1099 shares at origination, except the Commission’s Public Reference Primex Auction System that nothing in these rules prohibits a Room. Copies of such filing will also be Participant from submitting orders of 5011. Definitions available for inspection and copying at greater size at any time; the principal office of the NASD. All For purposes of this Rule Series, (B) Any customer order that, when submissions should refer to File No. unless the context requires otherwise: initially received by the Participant, is SR–NASD–2003–53 and should be * * * * * a Fixed Price Order with a specified submitted by May 5, 2003. (a) [‘‘Mandatory Eligible Order’’ price that is not eligible for acceptance For the Commission, by the Division of means a public customer order, as more by the Application because it is priced Market Regulation, pursuant to delegated fully defined in rule 5020, that a Primex outside the NBBO and is not otherwise authority.10 Auction Market Maker must submit to marketable pursuant to Rule 5013(a)(2), Margaret H. McFarland, the System for exposure in order for the regardless of whether or not the order Deputy Secretary. Primex Auction Market Maker to [FR Doc. 03–9036 Filed 4–11–03; 8:45 am] maintain its status as such, subject to * The 80% test will be applied on a quarterly BILLING CODE 8010–01–P any exclusions or minimum permissible basis, and will be phased in as follows: For the amount provided therein.] Reserved. calendar quarters commencing on October 1, 2001; January 1, 2002; April 1, 2002; July 1, 2002; and * * * * * October 1, 2002; any participant may register in any SECURITIES AND EXCHANGE eligible security as a Primex Auction Market Maker 3 COMMISSION 5020. Market Maker Participation and maintain that status during such calendar (a) No Changes. quarters without regard to the percentage of its [Release No. 34–47645; File No. SR–NASD– (b) With respect to each security in orders it submits to the System for such security 2003–58] during that time, provided it also satisfies all other which a Participant is registered as a requirements of a Primex Auction Market Maker Self-Regulatory Organizations; Notice Primex Auction Market Maker, the pursuant to these rules. of Filing and Immediate Effectiveness Participant shall: Beginning with the calendar quarter that (1) if the security is a Nasdaq-listed commences on January 1, 2003, a participant of a Proposed Rule Change by the previously registered as a Primex Auction Market National Association of Securities security, be registered as a Nasdaq Maker for a particular security may maintain its Dealers, Inc. Eliminating Certain market maker (1) if the security is a status as such until March 30, 2003 only if it Eligibility Requirements for Nasdaq-listed security, be registered as submitted at least 50% of its Mandatory Eligible a Nasdaq market maker in such security Orders during the calendar quarter that commences Participating in the Primex Auction on October 1, 2002 (or during such portion of the System as a Primex Auction System (or become so registered), and at all calendar quarter that commences on October 1, Market Maker times comply with all applicable NASD 2002 in which the participant was so registered if rules and interpretations relating to the participant registered in mid quarter), provided April 8, 2003. Nasdaq market makers, including the it also satisfies all other requirements of a Primex Pursuant to section 19(b)(1) of the Auction Market Maker pursuant to these rules. A requirement to enter and maintain participant that is newly registering as a Primex Securities Exchange Act of 1934 two-sided quotations in Nasdaq for such Auction Market Maker for a particular security any 1 2 (‘‘Act’’), and rule 19b–4 thereunder, security, subject to the excused time after the start of the calendar quarter that notice is hereby given that on March 27, withdrawal procedures set forth in Rule commences on January 1, 2003 may maintain its 2003, the National Association of status as such until the end of the calendar quarter 4619; in which it registered without regard to the Securities Dealers, Inc. (‘‘NASD’’), (2) if the security is an ITS/CAES percentage of its orders it submits to the System for through its subsidiary, the Nasdaq Stock eligible security, be registered as an ITS/ such security during that time. Market, Inc. (‘‘Nasdaq’’), submitted to CAES Market Maker (or become so Beginning with the calendar quarter that the Securities and Exchange registered) in such security, and at all commences on April 1, 2003, and each calendar Commission (‘‘Commission’’) the quarter thereafter, a participant previously times comply with all applicable NASD registered as a Primex Auction Market Maker for a proposed rule change as described in particular security may maintain its status as such Items I, II, and III below, which Items 3 The rule text provided herein includes until the end of that calendar quarter only if it have been prepared by Nasdaq. The corrections of typographical errors from the rule submitted at least 80& of its Mandatory Eligible Commission is publishing this notice to text that Nasdaq submitted in Exhibit 1 of the Orders during the previous calendar quarter (or proposed rule change. Telephone conversation during the portion of such previous calendar between Peter R. Geraghty, Associate Vice President quarter in which it was so registered if the 10 17 CFR 200.30–3(a)(12). and Associate General Counsel, Office of General participant registered in mid quarter), provided it 1 15 U.S.C. 78s(b)(1). Counsel, Nasdaq, and Tim Fox, Attorney, Division also satisfies all other requirements of a Primex 2 17 CFR 240.19b–4. of Market Regulation, Commission on April 7, 2003. Auction Market Maker pursuant to these rules.]
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becomes eligible for acceptance and The purpose of the Percentage Test Primex. Members desire flexibility in exposure at a subsequent point in time; was to achieve a mix of trading interest making order routing decisions and the (C) Any customer order placed by a that would result in retail orders being rule complicates these decisions. customer who authorizes the Participant exposed to other market participants Therefore, Nasdaq staff is proposing to to not expose the order, either at the that would compete for the orders by eliminate the Percentage Test, which time the order is placed or prior thereto providing price improvement. will eliminate an impediment to using pursuant to an individually negotiated Ultimately, the Percentage Test was a Primex. As a result, Nasdaq expects that agreement with respect to such balance between continuing to provide more members will participate in customer’s orders; PAMMs flexibility in how they execute Primex, which should increase liquidity (D) Any customer order that is an odd their customer orders and the desire to and opportunities for price lot order (e.g., less than 100 shares); provide a cross section of orders that improvement. (E) Any customer order to be executed would generate crowd participation and competition for orders. However, B. Self-Regulatory Organization’s outside of the hours of operation of the Statement on Burden on Competition Application; or members have indicated that the (F) Any other order that would not Percentage Test complicates their order Nasdaq does not believe that the fall within the definition of the term handling decisions, creating a proposed rule change will impose any ‘‘covered order’’ as defined in Exchange disincentive to participating in Primex. burden on competition that is not Act Rule 11Ac1–5(a)(8).] Therefore, Nasdaq is proposing to necessary or appropriate in furtherance (3[4]) not attach a condition for eliminate the Percentage Test and allow of the purposes of the Act. members to participate as PAMMs Minimum Relative Price Improvement C. Self-Regulatory Organization’s irrespective of the number of orders to any order submitted to the Statement on Comments on the Application solely for its own principal they submit to the System. The proposal to eliminate the Proposed Rule Change Received From account and not involving a customer Percentage Test does not modify any Members, Participants or Others order. other aspect of Primex. For example, No written comments were either * * * * * PAMMs must continue to comply with solicited or received. the other requirements of NASD Rule II. Self-Regulatory Organization’s III. Date of Effectiveness of the 5020 that govern PAMM eligibility, and Statement of the Purpose of, and Proposed Rule Change and Timing for PAMMs will continue to have the right Statutory Basis for, the Proposed Rule Commission Action Change to use the matching features and to participate in the fee sharing The foregoing rule change has been In its filing with the Commission, arrangements that are not available to designated by NASD as effecting a Nasdaq included statements concerning Crowd Participants. change in an existing order-entry or the purpose of and basis for the trading system of NASD that: (1) Does proposed rule change, and discussed 2. Statutory Basis not significantly affect the protection of any comments it received on the Nasdaq believes the proposed rule investors or the public interest; (2) does proposed rule change. The text of these change is consistent with section not impose any significant burden on statements may be examined at the 15A(b)(6) of the Act,6 which requires competition; and (3) does not have the places specified in Item IV below. that NASD’s rules be designed, among effect of limiting the access to or Nasdaq has prepared summaries, set other things, to remove impediments to availability of the system. The proposed forth in Sections A, B and C below, of and perfect the mechanism of a free and rule change has therefore become the most significant aspects of such open market and national market effective pursuant to section 19(b)(3)(A) statements. system, and, in general, protect of the Act 7 and Rule 19b–4(f)(5) 8 investors and the public interest. A. Self-Regulatory Organization’s thereunder. The Nasdaq believes that Nasdaq believes the proposal to Statement of the Purpose of, and the proposal to eliminate the Percentage eliminate the Percentage Test is Statutory Basis for, the Proposed Rule Test complies with the requirements of consistent with NASD’s obligations Change Rule 19b–4(f)(5) under the Act because under section 15A(b)(6) of the Act it effects a change in Primex, an existing 1. Purpose because it will remove an impediment trading system. In addition, the proposal to using Primex, which should result in Presently, NASD Rule 5020(b)(3) does not modify how Primex operates. greater participation in the System and requires PAMMS to submit 80% of their Therefore, it does not significantly affect increased liquidity and opportunities Mandatory Eligible Orders to Primex in the protection of investors or the public for price improvement. order to retain their status as PAMMs interest. Instead, the proposal eliminates When originally implemented, (‘‘Percentage Test’’).4 a requirement that is viewed as an Members Nasdaq believed the requirement would registered as PAMMs can utilize certain impediment to using Primex. In this promote liquidity by ensuring a cross regard, the proposal does not have the matching features and are eligible for fee section of order flow from each PAMM, sharing, which are features not available effect of limiting the access or which in turn would encourage non- availability of the System, but instead to members that do not participate as market makers to participate in Primex PAMMs (i.e., Crowd Participants).5 should promote access to it, which and offer opportunities for price should increase participation in the improvement. Nasdaq represents that System and promote competition for 4 The term ‘‘Mandatory Eligible Order’’ is defined promoting liquidity and price in NASD Rule 5011(l). orders exposed in the System. 5 PAMMS can enter Clean Cross orders and use improvement opportunities are the Two Cent Match, 50% Match, and Block consistent with the protection of IV. Solicitation of Comments Facilitation Match features. These features are investors. However, instead of fostering Interested persons are invited to described in NASD Rule 5014. In addition, liquidity, members have indicated the submit written data, views and pursuant to NASD Rule 7010(r)(1), a PAMM can share in the Primex fees charged to members when requirement is a disincentive to using the PAMMs order interacts with crowd interest in 7 15 U.S.C. 78s(b)(3)(A). Primex. 6 15 U.S.C. 78o–3(b)(6). 8 17 CFR 240.19b–4(f)(5).
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arguments concerning the foregoing, Act.3 On April 7, 2003, the Phlx filed would continue to have a maximum including whether the proposed rule Amendment No. 1 to the proposed rule guaranteed AUTO–X size of 2,000 change is consistent with the Act. change.4 The Commission is publishing contracts in the first two near term Persons making written submissions this notice to solicit comments on the expiration months, and 1,000 contracts should file six copies thereof with the proposed rule change, as amended, from for all other expiration months.7 Secretary, Securities and Exchange interested persons. Below is the text of the proposed rule Commission, 450 Fifth Street, NW., I. Self-Regulatory Organization’s change. Proposed new language is in Washington, DC 20549–0609. Copies of Statement of the Terms of Substance of italics; proposed deletions are in the submission, all subsequent the Proposed Rule Change brackets. amendments, all written statements * * * * * with respect to the proposed rule The Phlx proposes to implement an change that are filed with the options program to be firm for, and to Firm Quotations automatically execute eligible orders Commission, and all written Rule 1082. (a) No change. communications relating to the against, the Exchange’s disseminated proposed rule change between the size for both customer and broker-dealer (b) Except as provided in paragraph Commission and any person, other than orders. Specifically, the Exchange (c) of this Rule, all quotations made those that may be withheld from the proposes to amend Exchange Rule 1082, available by the Exchange and displayed public in accordance with the Firm Quotations, to provide that all by quotation vendors shall be firm for provisions of 5 U.S.C. 552, will be Phlx options quotations would be firm customer and broker-dealer orders at available for inspection and copying in for all incoming customer and broker- the disseminated price in an amount up the Commission’s Public Reference dealer orders for their full disseminated to the disseminated size. Responsible Room. Copies of such filing will also be size. brokers or dealers bidding (or offering) available for inspection and copying at The Exchange further proposes to at the disseminated price shall be the principal office of the NASD. All amend Exchange Rule 1080, collectively required to execute orders submissions should refer to File No. Philadelphia Stock Exchange presented to them at such price up to SR–NASD–2003–58 and should be Automated Options Market (AUTOM) the disseminated size in accordance submitted by May 5, 2003. and Automatic Execution System with Rule 1015, or, if the responsible (AUTO–X),5 to provide automatic For the Commission, by the Division of broker or dealer is representing (as Market Regulation, pursuant to delegated executions for eligible customer and off- agent) a limit order, such responsible authority.9 floor broker-dealer orders up to the broker or dealer shall be responsible (as Margaret H. McFarland, Exchange’s disseminated size, subject to agent) up to the size of such limit order, a maximum guaranteed AUTO–X size of Deputy Secretary. but may be responsible as principal for 250 contracts. Options on the Nasdaq- all or a portion of the excess of the [FR Doc. 03–9037 Filed 4–11–03; 8:45 am] 100 Index Tracking Stock (‘‘QQQ’’SM) 6 disseminated size over the size of such BILLING CODE 8010–01–P limit order to the extent provided in 3 17 CFR 240.19b–4(f)(6). Rule 1015. 4 See letter from Richard S. Rudolph, Director and (c) No change. SECURITIES AND EXCHANGE Counsel, Phlx, to Deborah Lassman Flynn, Assistant COMMISSION Director, Division of Market Regulation, (d) [In accordance with paragraph Commission, dated April 4, 2003 (‘‘Amendment No. (d)(l)(ii) of the SEC Quote Rule, the [Release No. 34–47646; File No. SR–Phlx– 1’’). In Amendment No. 1, Phlx deleted certain quotation size for a disseminated price 2003–18] proposed language stating that ‘‘[t]he minimum guaranteed AUTO–X size is 1 contract, and the with respect to an order for the account Self-Regulatory Organizations; Notice current maximum AUTO–X size is 250 contracts, of a broker or dealer (‘‘broker-dealer of Filing and Immediate Effectiveness except for QQQ options’’; retained current language order’’) shall be one (1) contract that the minimum and maximum guaranteed (‘‘quotation size’’), and all quotations of Proposed Rule Change and AUTO–X sizes for each option will be posted in the Amendment No. 1 Thereto by the Phlx’s website; and retained current language that made available by the Exchange and Philadelphia Stock Exchange, Inc. there be a minimum guaranteed AUTO–X size and displayed by quotation vendors shall be maximum guaranteed AUTO–X size, as determined firm for broker-dealer orders at the Relating to Equal Firm Quotation Size by the specialist and subject to approval of the and AUTO–X Guarantees for Customer disseminated price in an amount up to Options Committee. the quotation size. The quotation size and Broker-Dealer Orders 5 AUTOM is the Exchange’s electronic order delivery, routing, execution and reporting system, for broker-dealer orders provided in this April 8, 2003. which provides for the automatic entry and routing paragraph (d) shall be periodically Pursuant to Section 19(b)(1) of the of equity option and index option orders to the published by the Exchange. Responsible Securities Exchange Act of 1934 Exchange trading floor. Orders delivered through AUTOM may be executed manually, or certain brokers or dealers bidding (or offering) 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, orders are eligible for AUTOM’s automatic at the disseminated price shall be notice is hereby given that on March 20, execution feature, AUTO–X. Equity option and collectively required to execute broker- 2003, the Philadelphia Stock Exchange, index option specialists are required by the dealer orders at such price up to the Exchange to participate in AUTOM and its features Inc. (‘‘Exchange’’ or ‘‘Phlx’’) filed with and enhancements. Option orders entered by quotation size. (e)] If responsible brokers the Securities and Exchange Exchange members into AUTOM are routed to the or dealers receive an order to buy or sell Commission (‘‘SEC’’ or ‘‘Commission’’) appropriate specialist unit on the Exchange trading a listed option at the disseminated price the proposed rule change as described floor. See Exchange Rule 1080. in an amount greater than the in Items I, II, and III below, which Items 6 The Nasdaq-100, Nasdaq-100 Index, Nasdaq, The Nasdaq Stock Market, Nasdaq-100 disseminated size [(for customer orders) have been prepared by the Phlx. The SharesSM, Nasdaq-100 TrustSM, Nasdaq-100 Index proposed rule change has been filed by Tracking StockSM, and QQQSM are trademarks or SharesSM. Nasdaq has complete control and sole the Phlx as a ‘‘non-controversial’’ rule service marks of Nasdaq and have been licensed for discretion in determining, comprising, or change under Rule 19b–4(f)(6) under the use for certain purposes by the Philadelphia Stock calculating the Index or in modifying in any way Exchange pursuant to a License Agreement with its method for determining, comprising, or Nasdaq. The Nasdaq-100 Index (the Index) is calculating the Index in the future. 9 17 CFR 200.30–3(a)(12). determined, composed, and calculated by Nasdaq 7 See Securities Exchange Act Release No. 46531 1 15 U.S.C. 78s(b)(1). without regard to the Licensee, the Nasdaq-100 (September 23, 2002), 67 FR 61370 (September 30, 2 17 CFR 240.19b–4. TrustSM, or the beneficial owners of Nasdaq-100 2002) (SR–Phlx–2002–47).
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or the quotation size (for broker-dealer Currently, the Exchange’s maximum Section 19(b)(3)(A) of the Securities orders)], such responsible broker or allowable AUTO–X guarantee is 250 Exchange Act of 1934. dealer shall, within thirty (30) seconds contracts. With respect to options on the (i)–(v) No change. of receipt of the order, (i) execute the Nasdaq-100 Index Tracking Stock entire order at the disseminated price (‘‘QQQ’’)SM, orders of up to 2,000 (d)–(j) No change. (or better), or (ii) execute that portion of contracts in the first two (2) near term Commentary the order equal to the disseminated size expiration months, and 1,000 contracts [(in the case of a customer order) or the for all other expiration months, are 01–.04 No change. quotation size (in the case of a broker- eligible for AUTO–X. .05 Off-floor broker-dealer limit dealer order)] at the disseminated price For each option, there shall be a orders delivered through AUTOM must (or better), and revise its bid or offer. minimum guaranteed AUTO–X size and be represented on the Exchange Floor by Commentary: a maximum guaranteed AUTO–X size. a floor member. Off-floor broker-dealer .01. For purposes of this Rule 1082, Such minimum and maximum sizes orders delivered via AUTOM shall be the term ‘‘broker-dealer orders’’ may be for a different number of for a minimum size of one (1) contract. includes orders for the account(s) of contracts for customer orders than for Off-floor broker-dealer limit orders are broker-dealer orders], as determined by market makers on another exchange subject to the following other the specialist and subject to the and Registered Options Traders provisions: (‘‘ROTs’’) on the Exchange. approval of the Options Committee. * * * * * The Exchange shall provide automatic (i)–(iii) No Change executions for eligible customer and (iv) [(a) The minimum guaranteed Philadelphia Stock Exchange broker-dealer orders up to the AUTO–X size shall be at least 10 Automated Options Market (AUTOM) Exchange’s disseminated size as defined contracts for off-floor broker-dealer limit and Automatic Execution System in Exchange Rule 1082, subject to a orders in the 120 most actively traded (AUTO–X) minimum guaranteed AUTO–X size and equity options (the ‘‘Top 120 Options’’). Rule 1080. (a)–(b) No change. a maximum guaranteed AUTO–X size A Top 120 Option is defined as one of (up to a size of 250 contracts). the 120 most actively traded equity (c) AUTO–X.—AUTO–X is a feature • of AUTOM that automatically executes If the Exchange’s disseminated size options in terms of the total number of eligible market and marketable limit is greater than the minimum guaranteed contracts that were traded nationally for orders up to the number of contracts AUTO–X size, and less than the a specified month based on volume permitted by the Exchange for certain maximum guaranteed AUTO–X size, reflected by The Options Clearing strike prices and expiration months in inbound eligible orders shall be Corporation (‘‘OCC’’). equity options and index options, automatically executed up to Exchange’s disseminated size. (b) With respect to all other options, unless the Options Committee off-floor broker-dealer limit orders may determines otherwise. AUTO–X Remaining contracts shall be executed manually by the specialist or placed on be eligible for automatic execution via automatically executes eligible orders AUTO–X on an issue-by-issue basis, using the Exchange disseminated the limit order book. • If the Exchange’s disseminated size subject to the approval of the Options quotation (except if executed pursuant Committee. to the NBBO Feature in sub-paragraph is less than the minimum guaranteed (i) below) and then automatically routes AUTO–X size for that option, inbound (c) The AUTO–X guarantee for off- execution reports to the originating eligible orders shall be automatically floor broker-dealer limit orders may be member organization. AUTOM orders executed up to such minimum for a different number of contracts, on not eligible for AUTO–X are executed guaranteed AUTO–X size. Remaining an issue-by-issue basis, than the AUTO– manually in accordance with Exchange contracts shall be executed manually by X guarantee for public customer orders, rules. Manual execution may also occur the specialist or placed on the limit subject to the approval of the Options when AUTO–X is not engaged, such as order book. Committee. (v)] Off-floor broker-dealer pursuant to sub-paragraph (iv) below. • If the Exchange’s disseminated size AUTO–X eligible limit orders may be An order may also be executed partially is greater than the maximum guaranteed eligible for the Exchange’s National Best by AUTO–X and partially manually. AUTO–X size, inbound eligible orders Bid or Offer (‘‘NBBO’’) Step-Up Feature The Options Committee may for any shall be automatically executed up to on an issue-by-issue basis, subject to the period restrict the use of AUTO–X on such maximum guaranteed AUTO–X approval of the Options Committee. size. Remaining contracts shall be the Exchange in any option or series * * * * * provided that the effectiveness of any executed manually by the specialist. such restriction shall be conditioned The minimum and maximum II. Self-Regulatory Organization’s upon its having been approved by the guaranteed AUTO–X size applicable to Statement of the Purpose of, and Securities and Exchange Commission each option shall be posted on the Statutory Basis for, the Proposed Rule pursuant to Section 19(b) of the Exchange’s web site. Change Securities Exchange Act of 1934 and the The Options Committee may, in its rules and regulations thereunder. Any discretion, increase the size of orders in In its filing with the Commission, the such restriction on the use of AUTO–X one or more classes of multiply-traded Phlx included statements concerning approved by the Options Committee equity options eligible for AUTO–X to the purpose of and basis for the will be clearly communicated to the extent necessary to match the size of proposed rule change and discussed any Exchange membership and AUTOM orders in the same options eligible for comments it received on the proposed users through an electronic message entry into the automated execution rule change. The text of these statements sent via AUTOM and through an system of any other options exchange, may be examined at the places specified Exchange information circular. Such provided that the effectiveness of any in Item IV below. The Phlx has prepared restriction would not take effect until such increase shall be conditioned upon summaries, set forth in Sections A, B after such communication has been its having been filed with the Securities and C below, of the most significant made. and Exchange Commission pursuant to aspects of such statements.
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A. Self-Regulatory Organization’s quotations. Thus, the Exchange contracts, on an issue-by-issue basis, Statement of the Purpose of, and proposes to eliminate any distinction than the AUTO–X guarantee for public Statutory Basis for, the Proposed Rule between the size for which its quotes are customer orders, subject to the approval Change firm, whether for customers or broker- of the Options Committee. dealers, including market makers on 1. Purpose c. Conclusion other exchanges and Registered Options The Phlx proposes to require that all Traders (‘‘ROTs’’). The Exchange believes that this Phlx quotations would be firm for all proposed ‘‘one size fits all’’ approach, as incoming customer and broker-dealer b. Automatic Executions at the set forth in subsections a. and b. above, orders for their full disseminated size, Disseminated Size for Eligible Customer should enable the Exchange to compete thus eliminating any distinction and Broker-Dealer Orders for broker-dealer orders by ensuring that between customer orders and broker- In November 2002, the Commission there would be no distinction between dealer orders respecting firm quotation approved an Exchange proposal to broker-dealer and customer orders with size. The Phlx also proposes to provide provide automatic executions for respect to: (i) the size for which the that all Phlx guaranteed AUTO–X sizes eligible orders at the Exchange’s Exchange is firm at its disseminated would be the same for both customer disseminated size, subject to a price; and (ii) the Exchange’s guaranteed and broker-dealer orders. minimum and maximum eligible size AUTO–X size. Furthermore, the a. Firm Quotation Size range to be determined by the specialist Exchange believes that the proposal and subject to approval of the Options should enhance the transparency of its Currently, Exchange Rule 1082(b) Committee, on an issue-by-issue basis.9 markets and result in a larger number of requires that all quotations made The Exchange now proposes to amend orders automatically executed. available by the Exchange and displayed Exchange Rule 1080(c) by deleting the by quotation vendors shall be firm for provision that such minimum and 2. Statutory Basis customer orders at the disseminated maximum sizes may be for a different The Exchange believes the proposed price in an amount up to the number of contracts for customer orders rule change, as amended, is consistent disseminated size. Exchange Rule than for broker-dealer orders. with Section 6(b) of the Act 10 in 1082(d) sets forth a different ‘‘quotation Corresponding sections of the general, and furthers the objectives of size’’ of one contract applicable to Commentary to Exchange Rule 1080 Section 6(b)(5) of the Act 11 in broker-dealer orders, which is concerning AUTO–X eligibility and particular, because it is designed to distinguished from the ‘‘disseminated different guaranteed AUTO–X sizes for promote just and equitable principles of size’’ for which responsible brokers or customers and broker-dealers would trade, remove impediments to and dealers are firm for customer orders.8 also be deleted. This would result in perfect the mechanism of a free and The Exchange proposes to amend automatic executions for both eligible open market and protect investors and Exchange Rule 1082(b) to require that customer orders and eligible broker- the public interest by requiring all quotations made available by the dealer orders at the Exchange’s Exchange specialists and ROTs to be Exchange and displayed by quotation disseminated size. firm for up to the Exchange’s vendors shall be firm for customer The Exchange proposes to eliminate disseminated size for all orders, and orders and broker-dealer orders at the the distinction among customer orders providing automatic executions at the disseminated price in an amount up to and broker-dealer orders respecting same guaranteed size for all eligible the disseminated size, thus eliminating AUTO–X guarantees. In order to ensure orders. any distinction between customer that customer and broker-dealer orders B. Self-Regulatory Organization’s orders and broker-dealer orders with receive the same AUTO–X size Statement on Burden on Competition respect to the size for which Exchange guarantee, the Phlx proposes to delete option quotations are firm. the current provisions in Exchange Rule The Exchange does not believe that The Exchange would also delete any 1080, Commentary .05 requiring a the proposed rule change will impose references to ‘‘quotation size’’ and minimum guaranteed AUTO–X size of any inappropriate burden on ‘‘broker-dealer’’ from Exchange Rule ten contracts for off-floor broker-dealer competition that is not necessary in 1082(e). This would be to require all orders in Top 120 options. Additionally, furtherance of the purposes of the Act. quotations made available by the the current Commentary includes a Exchange and displayed by quotation C. Self-Regulatory Organization’s provision that, with respect to all other Statement on Comments on the vendors to be firm at the disseminated options, off-floor broker-dealer limit price in an amount up to the Proposed Rule Change Received From orders may be eligible for automatic Members, Participants or Others disseminated size for both customers execution via AUTO–X on an issue-by- and broker-dealers. The Phlx represents issue basis, subject to the approval of No written comments were either that the purpose of this provision is to the Options Committee. The Exchange solicited or received. provide both customers and broker- proposes to delete this provision in III. Date of Effectiveness of the dealers with full access to the entire order to enable all eligible broker-dealer Proposed Rule Change and Timing for disseminated size of the Exchange’s orders to be treated the same as eligible Commission Action customer orders with respect to the 8 Rule 11Ac1–1(d)(1)(ii) under the Act provides Exchange’s guaranteed AUTO–X size. Because the foregoing proposed rule that an exchange or association may establish by Finally, the Exchange proposes to change: (1) Does not significantly affect rule and periodically publish a quotation size, the protection of investors or the public which shall not be for less than one contract, for delete from the Commentary the which responsible brokers or dealers who are provision that the AUTO–X guarantee interest; (2) does not impose any members of such exchange or association are for off-floor broker-dealer limit orders significant burden on competition; and obligated under paragraph (c)(2) of this section to may be for a different number of (3) does not become operative for 30 execute an order to buy or sell a listed option for days from the date of filing, or such the account of a broker or dealer that is in an amount different from the quotation size for which 9 See Securities Exchange Act Release No. 46886 it is obligated to execute an order for the account (November 22, 2002), 67 FR 72015 (December 3, 10 15 U.S.C. 78f(b). of a customer. 17 CFR 240.11Ac1–1(d)(1)(ii). 2002) (SR–Phlx–2002–39). 11 15 U.S.C. 78f(b)(5).
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shorter time as the Commission may change, as amended, is consistent with SECURITIES AND EXCHANGE designate if consistent with the the Act. Persons making written COMMISSION protection of investors and the public submissions should file six copies interest, the proposed rule change has thereof with the Secretary, Securities [Release No. 34–47647; File No. SR–Phlx– become effective pursuant to Section and Exchange Commission, 450 Fifth 2003–20] 19(b)(3)(A) 12 of the Act and Rule 19b– Street, NW., Washington, DC 20549– Self-Regulatory Organizations; Notice 4(f)(6) 13 thereunder.14 0609. Copies of the submission, all of Filing and Immediate Effectiveness A proposed rule change filed under subsequent amendments, all written of Proposed Rule Change by the Rule 19b–4(f)(6) normally does not statements with respect to the proposed Philadelphia Stock Exchange, Inc. To become operative prior to 30 days after rule change that are filed with the Adopt a License Fee for Transactions the date of filing. However, Rule 19b– Commission, and all written in DIAMONDS Exchange Traded 4(f)(6)(iii) permits the Commission to communications relating to the Funds designate a shorter time if such action proposed rule change between the is consistent with the protection of Commission and any person, other than April 8, 2003. investors and the public interest. The those that may be withheld from the Pursuant to Section 19(b)(1) of the Phlx seeks to have the proposed rule public in accordance with the Securities Exchange Act of 1934 change become operative immediately (‘‘Act’’),1 and Rule 19b–4 thereunder,2 upon filing so that the Exchange may provisions of 5 U.S.C. 552, will be available for inspection and copying in notice is hereby given that on March 28, remain competitive with other 2003, the Philadelphia Stock Exchange, the Commission’s Public Reference exchanges with similar rules in effect. Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with Room. Copies of such filing will also be The Commission, consistent with the the Securities and Exchange protection of investors and the public available for inspection and copying at Commission (‘‘SEC’’ or ‘‘Commission’’) interest, has determined to waive the the principal office of the Phlx. All the proposed rule change as described 30-day operative date and make the submissions should refer to File No. in Items I and II below, which Items proposed rule change operative SR–Phlx–2003–18 and should be have been prepared by the Exchange. immediately upon filing, in order to submitted by May 5, 2003. The Commission is publishing this allow the Phlx to compete for broker- For the Commission, by the Division of notice to solicit comments on the dealer orders by removing any Market Regulation, pursuant to delegated proposed rule change from interested distinction between broker-dealer and authority.16 persons. customer orders with respect to the size Margaret H. McFarland, for which the Exchange is firm at its I. Self-Regulatory Organization’s Deputy Secretary. disseminated price and the Exchange’s Statement of the Terms of Substance of guaranteed AUTO–X size.15 At any time [FR Doc. 03–9034 Filed 4–11–03; 8:45 am] the Proposed Rule Change within 60 days of the filing of the BILLING CODE 8010–01–P The Exchange proposes to amend its proposed rule change, the Commission Summary of Equity Charges to adopt a may summarily abrogate such rule license fee of $0.00025 per share per change if it appears to the Commission trade side for sides greater than 500 that such action is necessary or shares, with no maximum fee per trade appropriate in the public interest, for side charged to Non-PACE Customers 3 the protection of investors, or otherwise and Electronic Communications in furtherance of the purposes of the Networks (‘‘ECNs’’),4 and a license fee Act. of $0.0005 per share per trade side, with no maximum fee per trade side charged IV. Solicitation of Comments to specialists for transactions on the Interested persons are invited to Phlx in the DIAMONDS Exchange submit written data, views and Traded Funds (‘‘DIAMONDS’’).5 The arguments concerning the foregoing, Exchange also proposes to make minor, including whether the proposed rule technical changes to its equity fee
12 15 U.S.C. 78s(b)(3)(A). therein by an Exchange market maker or over-the- Jones, and Dow Jones makes no representation 13 17 CFR 240.19b–4(f)(6). counter (‘‘OTC’’) market maker, and permits such regarding the advisability of investing in the 14 As required under Rule 19b–4(f)(6)(iii), the orders to be executed against in whole or in part; DIAMONDS Trust. Exchange provided the Commission with written except that the term ECN shall not include: any 6 These charges may include equity transaction notice of its intent to file the proposed rule change system that crosses multiple orders at one or more charges, an equity floor brokerage assessment, an at least five business days prior to the filing date specified times at a specified price set by the ECN, equity floor brokerage transaction fee, an off- or such shorter period as designated by the algorithm, or by any derivative pricing mechanism Exchange trade information fee, an SEC fee, a and does not allow orders to be crossed or executed Commission. remote information access fee, an Electronic against directly by participants outside of such 15 For purposes only of accelerating the operative Communications Network fee, an outbound Inter- times; or, any system operated by or on behalf of date of this proposal, the Commission has an OTC market-maker or exchange market-maker Market Trading System (‘‘ITS’’) fee and a net considered the proposed rule’s impact on that executes customer orders primarily against the inbound ITS credit. Additionally, the PACE efficiency, competition, and capital formation. 15 account of such market maker as principal, other Specialist charge does not apply because specialists U.S.C. 78c(f). than riskless principal. are not eligible for further PACE volume discounts. 16 17 CFR 200.30–3(a)(12). 5 Dow Jones, ‘‘The DowSM,’’ ‘‘Dow 30SM,’’ ‘‘Dow See Securities Exchange Act No. 44259 (May 4, 1 15 U.S.C. 78s(b)(1). Jones Industrial AverageSM,’’ ‘‘Dow Jones 2001), 66 FR 23962 (May 10, 2001) (SR–Phlx–2001– 2 17 CFR 240.19b–4. IndustrialsSM,’’ ‘‘DJIASM,’’ ‘‘DIAMONDS’’ and 41). 3 PACE is the acronym for the Exchange’s ‘‘The Market’s Measure’’ are trademarks of Dow 7 The license fees will not be eligible for the Automated Communication and Execution System, Jones & Company, Inc. (‘‘Dow Jones’’) and have monthly credit of up to $1,000 to be applied against which is the Exchange’s order routing, delivery, been licensed for use for certain purposes by the certain fees, dues and charges and other amounts execution and reporting system for its equity Philadelphia Stock Exchange, Inc., pursuant to a owed to the Exchange by certain members. See trading floor. See Exchange Rules 229 and 229A. License Agreement with Dow Jones. The Securities Exchange Act Release No. 44292 (May 4 ECNs shall mean any electronic system that DIAMONDS Trust, based on the DJIA, is not 11, 2001), 66 FR 27715 (May 18, 2001) (SR–Phlx– widely disseminates to third parties orders entered sponsored, endorsed, sold or promoted by Dow 2001–49).
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schedule to make corresponding by the Phlx will be imposed where Text of the proposed rule change is set references to the proposed fees. All applicable.6 forth below. New text is in italics. other equity charges currently assessed The Exchange proposes to implement Deleted text is in brackets. this fee as of April 1, 2003, the date that it began trading in the DIAMONDS.7 Summary of Equity Charges (p 1/3)*
EQUITY TRANSACTION CHARGE I [Based on total shares per transaction with the exception of specialist trades and PACE trades.1]
Monthly transaction value Rate per share
First 500 shares ...... $0.00 Next 2,000 shares ...... 0.0075 Next 7,500 shares ...... 0.005 Remaining shares ...... 0.004 $50 maximum fee per trade side.
License Fee SPDRs, Standard & Poor’s Depositary Receipts** Customer Non-PACE and Electronic Communications Network E (‘‘ECN’’) License Fee: $0.00025 per share per trade side for sides greater than 500 shares No maximum fee per trade side Specialist License Fee: $0.00035 per share per trade side No maximum fee per trade side DIAMONDS Exchange Traded Funds** Customer Non-PACE and Electronic Communications Network E (‘‘ECN’’) License Fee: $0.00025 per share per trade side for sides greater than 500 shares No maximum fee per trade side Specialist License Fee: $0.0005 per share per trade side No maximum fee per trade side See Appendix A for additional fees. I denotes fee eligible for monthly credit of up to $1,000. * Not applicable to transactions in Nasdaq-100 Index Tracking StockSM (see page 4 for fees).
Summary of Equity Charges (p 2/3)*
PACE Specialist Charge 2 I $.20 per PHLX Specialist Trade against PACE Executions (Not applicable to PACE trades on the opening) Equity Floor Brokerage Assessment I $250 monthly charge 3 Equity Floor Brokerage Transaction Fee I $.05 per 100 shares or fraction thereof, for floor broker executing transactions for their own member firms. SEC Fee The amount shall be determined by Section 31 of the Securities Exchange Act of 1934. Off-Exchange Trade Information Fee I $.10 per DOT trade Remote Information Access Fee I $300.00 per month Electronic Communications Network E (‘‘ECN’’) Fee $2,500.00 per month (in lieu of equity transaction charges) Outbound ITS Fee I (also applicable to transactions in Nasdaq-100 Index Tracking StockSM) 4 For PACE orders sent over ITS with the customer information attached: 500 shares or less ...... $0.60 per 100 shares. 501 to 4,999 shares ...... 0.30 per 100 shares.
Summary of Equity Charges (p 3/3)
3 PACE is the acronym for the Exchange’s therein by an Exchange market maker or over-the- and does not allow orders to be crossed or executed Automated Communication and Execution System, counter (‘‘OTC’’) market maker, and permits such against directly by participants outside of such which is the Exchange’s order routing, delivery, orders to be executed against in whole or in part; times; or, any system operated by or on behalf of execution and reporting system for its equity except that the term ECN shall not include: any an OTC market-maker or exchange market-maker trading floor. See Exchange Rules 229 and 229A. system that crosses multiple orders at one or more that executes customer orders primarily against the 4 ECNs shall mean any electronic system that specified times at a specified price set by the ECN, account of such market maker as principal, other widely disseminates to third parties orders entered algorithm, or by any derivative pricing mechanism than riskless principal.
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Net Inbound ITS Credit (also applicable to transactions in Nasdaq-100 Index Tracking Stock SM) 5 $0.30 per 100 shares on the excess, if any, of the number of inbound ITS shares executed over the number of outbound ITS shares sent and executed on a monthly basis. See Appendix A for additional fees. I denotes fee eligible for monthly credit of up to $1,000. * Not applicable to transactions in Nasdaq-100 Index Tracking StockSM (see next page for fees). E ECNs shall mean any electronic system that widely disseminates to third parties orders entered therein by an Exchange market maker or over-the-counter (‘‘OTC’’) market maker, and permits such orders to be executed against in whole or in part; except that the term ECN shall not include: Any system that crosses multiple orders at one or more specified times at a specified price set by the ECN, algorithm, or by any derivative pricing mechanism and does not allow orders to be crossed or executed against directly by participants outside of such times; or, any system operated by or on behalf of an OTC market-maker or exchange market-maker that executes customer orders primarily against the account of such market maker as principal, other than riskless principal. Any fees, credits, discounts and other charges in the Exchange’s fee schedule which are based upon an equity specialist’s specialist activ- ity apply to competing specialists. ** ‘‘Standard & Poor’s,’’ ‘‘S&’’,‘‘S&P 500’’, ‘‘Standard & Poor’s 500’’, and ‘‘500’’ are trademarks of The McGraw-Hill Companies, Inc., and have been licensed for use by the Philadelphia Stock Exchange, Inc., in connection with the listing and trading of SPDRs, on the Phlx. These products are not sponsored, sold or endorsed by S&P, a division of The McGraw-Hill Companies, Inc., and S&P makes no representa- tion regarding the advisability of investing SPDRs. ** Dow Jones, ‘‘The DowSM,’’ ‘‘Dow 30SM,’’ ‘‘Dow Jones Industrial AverageSM,’’ ‘‘Dow Jones IndustrialsSM,’’ ‘‘DJIASM,’’ ‘‘DIAMONDS’’ and ‘‘The Market’s Measure’’ are trademarks of Dow Jones & Company, Inc. (‘‘Dow Jones’’) and have been licensed for use for certain pur- poses by the Philadelphia Stock Exchange, Inc., pursuant to a License Agreement with Dow Jones. The DIAMONDS Trust, based on the DJIA, is not sponsored, endorsed, sold or promoted by Dow Jones, and Dow Jones makes no representation regarding the advisability of in- vesting in the DIAMONDS Trust. 1 However, this charge applies where an order, after being delivered to the Exchange by the PACE system is executed by the specialist by way of an outbound commitment, when such outbound ITS commitment reflects the PACE order’s clearing information, but does not apply where a PACE trade was executed against an inbound ITS commitment. 2 This charge does not apply to transactions in Nasdaq-100 Index Tracking StockSM [and] SPDRs and DIAMONDS. 3 Applies to each member who derives at least 80% of gross income generated from Phlx floor based activities from his/her floor broker- age business conducted on the Exchange. Floor brokerage business conducted on the Exchange includes orders that are received on the Phlx, even if those orders are executed on an exchange other than the Phlx. The 5% floor brokerage assessment is waived until Dec. 31, 2003 and is scheduled to be reinstated Jan. 1, 2004. 4 This fee will only apply when the specialist sends an order received over PACE to ITS and receives an execution, if the specialist used the PACE customer’s clearing information on the outbound ITS commitment. 5 This credit will include all inbound and outbound ITS executions, including both PACE and non-PACE and both proprietary and cus- tomer commitments.
* * * * * 2. Statutory Basis B. Self-Regulatory Organization’s Statement on Burden on Competition II. Self-Regulatory Organization’s The Exchange believes that the Statement of the Purpose of, and proposed rule change is consistent with The Exchange does not believe that Statutory Basis for, the Proposed Rule Section 6(b) of the Act,8 in general, and the proposed rule change will impose Change furthers the objectives of Section 6(b)(4) any inappropriate burden on of the Act,9 in particular, in that it is an competition. In its filing with the Commission, the equitable allocation of reasonable dues, C. Self-Regulatory Organization’s Exchange included statements fees, and other charges among Exchange Statement on Comments on the concerning the purpose of and basis for members. The Exchange believes that Proposed Rule Change Received From the proposed rule change and discussed charging members that trade these Members, Participants or Others any comments it received on the products a licensing fee is an equitable means of recovering a portion of the No written comments were either proposed rule change. The text of these solicited or received. statements may be examined at the licensing fees incurred by the 10 places specified in Item III below. The Exchange. III. Date of Effectiveness of the Exchange has prepared summaries, set Proposed Rule Change and Timing for 5 SM SM forth in sections A, B, and C below, of Dow Jones , ‘‘The Dow ,’’ ‘‘Dow 30 ,’’ ‘‘Dow Commission Action Jones Industrial AverageSM,’’ ‘‘Dow Jones the most significant aspects of such IndustrialsSM,’’ ‘‘DJIASM,’’ ‘‘DIAMONDS’’ and The foregoing rule change establishes statements. ‘‘The Market’s Measure’’ are trademarks of Dow or changes a due, fee, or charge imposed Jones & Company, Inc. (‘‘Dow Jones’’) and have by the Exchange and, therefore, has A. Self-Regulatory Organization’s been licensed for use for certain purposes by the become effective upon filing pursuant to Philadelphia Stock Exchange, Inc., pursuant to a Statement of the Purpose of, and 11 License Agreement with Dow Jones. The Section 19(b)(3)(A)(ii) of the Act and Statutory Basis for, the Proposed Rule DIAMONDS Trust, based on the DJIA, is not Rule 19b–4(f)(2) thereunder.12 At any Change sponsored, endorsed, sold or promoted by Dow Jones, and Dow Jones makes no representation 9 15 U.S.C. 78f(b)(4). 1. Purpose regarding the advisability of investing in the 10 With regard to the distinction between DIAMONDS Trust. Customer PACE and Non-PACE license fees, the 6 The purpose of the proposed rule These charges may include equity transaction Exchange states that it is consistent with its current change is to adopt a license fee that will charges, an equity floor brokerage assessment, an practice to not impose customer charges for equity apply to trading DIAMONDS on the equity floor brokerage transaction fee, an off- transactions delivered through PACE, but to impose Exchange trade information fee, an SEC fee, a customer charges for Non-PACE executions. See, Exchange. The Exchange recently remote information access fee, an Electronic e.g., Securities Exchange Act Release Nos. 47385 determined to begin trading Communications Network fee, an outbound Inter- (February 20, 2003), 68 FR 10295 (March 4, 2003) DIAMONDS. The license fees should Market Trading System (‘‘ITS’’) fee and a net (SR–Phlx–2003–06); 44381 (June 1, 2001), 66 FR inbound ITS credit. Additionally, the PACE 31264 (June 11, 2001) (SR–Phlx–2001–57); and help off-set licensing fees incurred by Specialist charge does not apply because specialists 43776 (December 28, 2000), 66 FR 1166 (January 5, the Exchange associated with the are not eligible for further PACE volume discounts. 2001) (SR–Phlx–2000–103). Also, consistent with trading of these products on the See Securities Exchange Act No. 44259 (May 4, its current practice, the Exchange charges customer 2001), 66 FR 23962 (May 10, 2001) (SR–Phlx–2001– transaction fees and specialist transaction fees at Exchange. 41). different rates. See, e.g., Securities Exchange Act 7 The license fees will not be eligible for the Continued
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time within 60 days of the filing of the damages caused by a severe winter Average Hours Per Response: 1 hour. proposed rule change, the Commission storm, record snow, heavy rains, Total Estimated Burden: 100,000 may summarily abrogate such rule flooding and landslides occurring on hours per year. change if it appears to the Commission February 16, 2003, and continuing Public comments are being solicited that such action is necessary or through March 28, 2003. to permit the agency to: appropriate in the public interest, for In addition, applications for economic • Evaluate whether the proposed the protection of investors, or otherwise injury loans from small businesses information collection is necessary for in furtherance of the purpose of the Act. located in the contiguous counties of the proper performance of the functions Doddridge, Marion, Taylor and Wetzel of the agency. IV. Solicitation of Comments in the State of West Virginia; and Craig • Evaluate the accuracy of the Interested persons are invited to County in the Commonwealth of agency’s estimate of the burden of the submit written data, views, and Virginia may be filed until the specified proposed collection, including the arguments concerning the foregoing, date at the previously designated validity of the methodology and including whether the proposed rule location. All other counties contiguous assumptions used. change is consistent with the Act. to the above named primary county • Enhance the quality, utility, and Persons making written submissions have been previously declared. clarity of the information to be should file six copies thereof with the All other information remains the collected. Secretary, Securities and Exchange same, i.e., the deadline for filing • Minimize the reporting burden on Commission, 450 Fifth Street, NW., applications for physical damage is May those who are to respond, including Washington, DC 20549–0609. Copies of 13, 2003, and for economic injury the through the use of automated collection the submission, all subsequent deadline is December 15, 2003. techniques or other forms of technology. amendments, all written statements (Catalog of Federal Domestic Assistance For Additional Information: Public with respect to the proposed rule Program Nos. 59002 and 59008). comments, or requests for additional change that are filed with the Dated: April 7, 2003. information regarding the collection Commission, and all written Herbert L. Mitchell, listed in this notice should be directed communications relating to the Associate Administrator for Disaster to Brendan Mullarkey of the Office of proposed rule change between the Assistance. Visa Services, U.S. Department of State, Commission and any person, other than [FR Doc. 03–9056 Filed 4–11–03; 8:45 am] 2401 E St., NW., RM L–703, those that may be withheld from the Washington, DC 20520, who may be BILLING CODE 8025–01–P public in accordance with the reached at 202–663–1163. provisions of 5 U.S.C. 552, will be Dated: March 24, 2003. available for inspection and copying at the Commission’s Public Reference DEPARTMENT OF STATE Janice L. Jacobs, Room. Copies of such filing will also be Deputy Assistant Secretary of State for Visa Office of Visa Services available for inspection and copying at Services, Bureau of Consular Affairs, Department of State. the principal office of the Exchange. All [Public Notice 4333] submissions should refer to File No. [FR Doc. 03–9053 Filed 4–11–03; 8:45 am] SR–Phlx–2003–20 and should be 60-Day Notice of Proposed Information BILLING CODE 4710–06–P submitted by May 5, 2003. Collection: Form DS–3052, Nonimmigrant V Visa Application; For the Commission, by the Division of OMB Control Number 1405–0128 DEPARTMENT OF STATE Market Regulation, pursuant to delegated authority.13 AGENCY: Department of State. Office of Recruitment, Examinations Margaret H. McFarland, ACTION: Notice. and Employment (HR/REE) Deputy Secretary. [FR Doc. 03–9035 Filed 4–11–03; 8:45 am] SUMMARY: The Department of State is [Public Notice 4334] seeking Office of Management and BILLING CODE 8010–01–P Budget (OMB) approval for the 60-Day Notice of Proposed Information information collection described below. Collection: Form DS–1998, Department The purpose of this notice is to allow 60 of State Registration Form; OMB SMALL BUSINESS ADMINISTRATION days for public comment in the Federal Control Number 1405–0008 [Declaration of Disaster #3483] Register preceding submission to OMB. AGENCY: Department of State. This process is conducted in accordance State of West Virginia; Amendment # 2 with the Paperwork Reduction Act of ACTION: Notice. In accordance with a notice received 1995. SUMMARY: The Department of State is from the Department of Homeland The following summarizes the seeking Office of Management and Security—Federal Emergency information collection proposal to be Budget (OMB) approval for the Management Agency, effective April 4, submitted to OMB: information collection described below. Type of Request: Extension of 2003, the above numbered declaration is The purpose of this notice is to allow 60 currently approved collection. hereby amended to include Braxton, Originating Office: Bureau of Consular days for public comment in the Federal Harrison, Lewis, Logan, Monroe and Affairs, Department of State (CA/VO). Register preceding submission to OMB. Putnam Counties in the State of West Title of Information Collection: The process is conducted in accordance Virginia as disaster areas due to Nonimmigrant V Visa Application. with the Paperwork Reduction Act of Frequency: Once per respondent. 1995. Form Number: DS–3052. The following summarizes the Respondents: Nonimmigrant visa information collection proposal applicants applying for a V visa. submitted to OMB: Estimated Number of Respondents: Type of Request: Continuation of a 100,000 per year. currently approved collection.
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Originating Office: Bureau of Human rights, press freedoms, women’s more immediate outcomes may receive Resources (HR/REE). political development and the rule of preference. Title of Information Collection: law in countries with a significant • Projects must take place in-country Registration for the Foreign Service Muslim population in the Middle East or in a third country. U.S.-based or Written Examination. and North Africa, and where such exchange projects are discouraged. Frequency: Annually. programs and activities would be • Projects that have a strong academic Form Number: DS–1998. important to United States efforts to or research focus will not be highly Respondents: Registrants for the respond to, deter, or prevent acts of considered. DRL will not fund health, Foreign Service Officer Written international terrorism. technology, environmental, or scientific Examination. Awards are contingent upon the projects unless they have an explicit Estimated Number of Respondents: availability of funds. Funding may be democracy, human rights, or rule of law 27,585 per year. available at a level of up to $4,000,000 component. Conferences likewise will Average Hours Per Response: 20 under the Economic Support Funds not be highly considered. • minutes. through the Bureau’s Human Rights and Projects should include a follow-on Total Estimated Burden: 9,195 hrs. Democracy Fund (HRDF) for projects plan that extends beyond the grant Public Comments are being solicited that address Bureau objectives in period ensuring that Bureau-supported to permit the agency to: predominantly Muslim countries in this programs are not isolated events. • Evaluate whether the proposed region. The Bureau anticipates awarding In order to avoid the duplication of information collection is necessary for between 4–10 grants in amounts of activities and programs, proposals the proper performance of the functions $250,000–$1,000,000. should also indicate knowledge of of the agency. Background: The Human Rights and similar projects being conducted in the • Evaluate the accuracy of the Democracy Fund (HRDF) supports region and how the submitted proposal agency’s estimate of the burden of the innovative, cutting-edge programs will complement them. proposed collection, including the which uphold democratic principles, Applicant/Organization Criteria validity of the methodology and support and strengthen democratic Organizations applying for a grant assumptions used. institutions, promote human rights, and • Enhance the quality, utility, and should meet the following criteria: build civil society in countries and • clarity of the information to be Be a U.S. public or private non- regions of the world that are geo- profit organization meeting the collected. strategically important to the U.S. HRDF • Minimize the reporting burden on provisions described in Internal funds projects that have an immediate Revenue Code section 26 U.S.C. those who are to respond, including impact but that have potential for through the use of automated collection 501(c)(3). continued funding beyond HRDF • techniques or other forms of technology. Have demonstrated experience resources. HRDF projects must not administering successful projects in the FOR ADDITIONAL INFORMATION: Public duplicate or simply add to efforts by region in which it is proposing to comments, or requests for additional other entities. administer a project. information, regarding the collection Additional Information • Have existing, or the capacity to listed in this notice should be directed develop, active partnerships with in- to Beatrice E. Smotherman, Bureau Of Proposed programs must address at country organization(s). Human Resources, Examination least one of the following specific Division, Foreign Service Written themes and priority countries. Regional Note: Organizations are welcome to submit Examination, U.S. Department of State, programs that include priority countries more than one proposal, but should know Washington, DC 20522, who may be that DRL wishes to reach out to as many are also welcome: different organizations as possible with its reached at (202) 261–8883. (1) Support to civil society, with limited funds. Dated: February 28, 2003. emphasis on political actors and Ruben Torres, advocacy groups that involve women: Budget Guidelines Executive Director, Bureau of Human Egypt, Jordan, Bahrain, Algeria, Oman, Please refer to the Proposal Resourses, Department of State. Saudi Arabia, Qatar, Iran. Submission Instructions for complete [FR Doc. 03–9054 Filed 4–11–03; 8:45 am] (2) Access to information through budget guidelines and formatting freedom of the press, freedom of speech, BILLING CODE 4710–15–P instructions. and enhanced public awareness of human rights and democracy issues: Deadline for Proposals DEPARTMENT OF STATE Saudi Arabia, Egypt, Jordan, Morocco, All proposals must be received at the Tunisia. [Public Notice 4336] Bureau of Democracy, Human Rights (3) Elections: strengthening and Labor by 5 p.m. Eastern Standard Bureau of Democracy, Human Rights institutional capacity, training political Time (EST) on Wednesday, May 14, and Labor Request for Grant parties, NGOs and newly elected 2003. Please refer to the PSI for specific Proposals: Human Rights and officials, raising civic awareness: Qatar, delivery instructions. Oman, Bahrain, Jordan, Morocco. Democratization Initiatives in the Review Process Middle East and North Africa (4) Rule of law with emphasis on civil liberties, governmental accountability, The Bureau will acknowledge receipt SUMMARY: The Office for the Promotion and administration of justice: Egypt, of all proposals and will review them of Human Rights and Democracy of the Jordan, Morocco, Tunisia. for eligibility. Proposals will be deemed Bureau of Democracy, Human Rights ineligible if they do not fully adhere to Project Criteria and Labor (DRL) announces an open the guidelines stated herein and in the competition for one or more assistance • Project implementation should PSI. Eligible proposals will be subject to awards. Organizations may submit grant begin no earlier than late summer 2003. compliance with Federal and Bureau proposals that address programs and • Projects should not exceed two regulations and guidelines and activities that foster democracy, human years in duration. Shorter projects with forwarded to Bureau grant panels for
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advisory review. Proposals may also be Congress, allocated and committed DEPARTMENT OF TRANSPORTATION reviewed by the Office of the Legal through internal Bureau procedures. Surface Transportation Board Adviser or by other Department Dated: April 7, 2003. elements. [STB Finance Docket No. 34327] Final technical authority for Lorne W. Craner, assistance awards resides with the Assistant Secretary for Democracy, Human Richard J. Corman—Continuance in Office of Acquisition Management’s Rights and Labor, Department of State. Control Exemption—R.J. Corman Grants Officer. [FR Doc. 03–9055 Filed 4–11–03; 8:45 am] Railroad Company/Central Kentucky BILLING CODE 4710–18–P Lines Review Criteria Eligible applications will be Richard J. Corman (Corman), a competitively reviewed according to the DEPARTMENT OF STATE noncarrier individual, has filed a criteria stated below. Fuller explanation verified notice of exemption to continue in control of R.J. Corman Railroad of these criteria are included in the PSI. [Public Notice 4302] These criteria are not rank ordered and Company/Central Kentucky Lines (RJCC), upon RJCC’s becoming a Class all carry equal weight in the proposal Advisory Commission on Public III rail carrier. evaluation: quality of the program idea; Diplomacy Notice of Meeting Corman reported that the parties program planning and ability to achieve intended to consummate the transaction The Department of State announces a program objectives; multiplier effect/ on or soon after March 28, 2003, the impact; institution’s record/ability/ meeting of the U.S. Advisory effective date of the exemption (7 days capacity; cost-effectiveness. Commission on Public Diplomacy on after the exemption was filed). FOR FURTHER INFORMATION, CONTACT: The Tuesday, April 29, 2003, in Room 600, This transaction is related to two Office for the Promotion of Human 301 4th St., SW., Washington, DC from simultaneously filed notices of Rights and Democracy of the Bureau of 9 a.m. to 11 a.m. exemption: STB Finance Docket No. Democracy, Human Rights and Labor, The Commission, reauthorized 34325, R.J. Corman Equipment DRL/PHD. Please specify Sondra pursuant to Pub. L. 106–113 (H.R. 3194, Company, LLC-Acquisition Exemption- Govatski (202)–647–9734 on all Consolidated Appropriations Act, 2000), Line of Lexington & Ohio Railroad Co., inquiries and correspondence. will have a retrospective discussion Inc., wherein R.J. Corman Equipment Please read the complete Federal about the viewpoints Commissioners Company, LLC (RJCE) seeks to acquire Register announcement before sending developed on public diplomacy during approximately 14.9 miles of rail line inquiries or submitting proposals. Once their terms in office. from the Lexington & Ohio Railroad Co., the RFP deadline has passed, Bureau Inc.; and STB Finance Docket No. staff may not discuss this competition Members of the general public may 34326, R.J. Corman Railroad Company/ with applicants until the proposal attend the meeting, though attendance Central Kentucky Lines-Lease and review process has been completed. of public members will be limited to the Operation Exemption—Line of R. J. seating available. Access to the building Corman Equipment Company, LLC, To Download A Solicitation Package is controlled, and individual building Via Internet wherein R.J. Corman Railroad passes are required for all attendees. Company/Central Kentucky Lines seeks The Solicitation Package includes this The U.S. Advisory Commission on to lease and operate the rail line being RFP plus the Proposal Submission Public Diplomacy is a bipartisan acquired by RJCE in STB Finance Instructions (PSI) which contains Presidentially appointed panel created Docket No. 34325. detailed award criteria, specific budget by Congress in 1948 to provide Corman controls through stock instructions, and standard guidelines for oversight of U.S. Government activities ownership eight Class III rail carriers: proposal preparation. The entire RFP intended to understand, inform and R.J. Corman Railroad Company/ and PSI may be downloaded from the influence foreign publics. The Pennsylvania Lines, Inc., operating in Bureau’s Web site at http:// Commission reports its findings and Pennsylvania; R.J. Corman Railroad www.state.gov/g/drl/. recommendations to the President, the Company/Memphis Line, operating in Tennessee and Kentucky; R.J. Corman Notice Congress and the Secretary of State and the American people. Current Railroad Company/Western Ohio Line, The terms and conditions published operating in Ohio; R.J. Corman Railroad Commission members include Harold in this RFP are binding and may not be Company/Cleveland Line operating in Pachios of Maine, who is the chairman; modified by any Bureau representative. Ohio; R.J. Corman Railroad Company/ Charles Dolan of Virginia, who is the Explanatory information provided by Bardstown Line, operating in Kentucky; the Bureau that contradicts published vice chairman; Lewis Manilow of R.J. Corman Railroad Company/ language will not be binding. Issuance Illinois; Penne Korth Peacock of Allentown Lines, Inc., operating in of the RFP does not constitute an award Washington, DC and Maria Elena Pennsylvania and New York; Clearfield commitment on the part of the Torano of Florida. and Mahoning Railway Company, Government. The Bureau reserves the For more information or to attend the operating in Pennsylvania; and R.J. right to reduce, revise, or increase meeting, please contact Matt Lauer at Corman Equipment Company, LLC, a proposal budgets in accordance with the (202) 619–4457. nonoperating common carrier which needs of the program and the Dated: April 9, 2003. owns and leases track in Kentucky and availability of funds. Awards made will Ohio. be subject to periodic reporting and Matthew Lauer, Corman states that the rail line to be evaluation requirements. Executive Director, U.S. Advisory leased and operated by RJCC will not Commission on Public Diplomacy, connect with the rail lines of any Notification Department of State. existing rail carrier in the Corman Final awards cannot be made until [FR Doc. 03–9052 Filed 4–11–03; 8:45 am] corporate family, this control funds have been appropriated by BILLING CODE 4710–11–P transaction is not part of a series of
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anticipated transactions that would Counties, KY. RJCE certifies that its LL in Lexington, KY, and approximately result in such a connection, and this projected revenues as a result of this 9.0 LL in Versailles, KY, in Fayette and control transaction does not involve a transaction will not result in the Woodford Counties, KY. RJCC certifies Class I carrier. Therefore, the transaction creation of a Class I or Class II rail that the projected revenues as a result of is exempt from the prior approval of carrier. this transaction will not result in the requirements of 49 U.S.C. 11323. See 49 RJCE reported that the parties creation of a Class I or Class II rail CFR 1180.2(d)(2). intended to consummate the transaction carrier. Under 49 U.S.C. 10502(g), the Board on or soon after March 28, 2003, the RJCC reported that the parties may not use its exemption authority to effective of the exemption (7 days after intended to consummate the transaction relieve a rail carrier of its statutory the exemption was filed). on or soon after March 28, 2003, the obligation to protect the interests of its This transaction is related to a effective date of the exemption (7 days employees. Section 11326(c), however, simultaneously filed verified notice of after the exemption was filed). does not provide for labor protection for exemption in STB Finance Docket No. This transaction is related to two transactions under sections 11324 and 34326, R.J. Corman Railroad Company/ simultaneously filed notices of 11325 that involve only Class III rail Central Kentucky Lines—Lease and exemption: STB Finance Docket No. carriers. Because this transaction Operation Exemption—Line of R.J. 34325, R.J. Corman Equipment, LLC— involves Class III rail carriers only, the Corman Equipment Company, LLC, Acquisition Exemption—Line of Board, under the statute, may not wherein R.J. Corman Railroad Lexington & Ohio Railroad Co., Inc., impose labor protective conditions for Company/Central Kentucky Lines seeks wherein RJCE seeks to acquire the same this transaction. to lease and operate the line being 14.9 miles of rail line involved in the If the verified notice contains false or acquired by RJCE here. instant notice from Lexington & Ohio misleading information, the exemption If the notice contains false or Railroad Co., Inc.; and STB Finance is void ab initio. Petitions to revoke the misleading information, the exemption Docket No. 34327, R.J. Corman— exemption under 49 U.S.C. 10502(d) is void ab initio. Petitions to revoke the Continuance in Control Exemption—R.J. may be filed at any time. The filing of exemption under 49 U.S.C. 10502(d) Corman Railroad Company/Central a petition to revoke will not may be filed at any time. The filing of Kentucky Lines, wherein Richard J. automatically stay the transaction. a petition to revoke will not Corman seeks to continue in control of An original and 10 copies of all automatically stay the transaction. RJCC upon RJCC’s becoming a Class III pleadings referring to STB Finance An original and 10 copies of all rail carrier pursuant to this notice. Docket No. 34327, must be filed with pleadings, referring to STB Finance If the notice contains false or the Surface Transportation Board, 1925 Docket No. 34325, must be filed with misleading information, the exemption K Street, NW., Washington, DC 20423– the Surface Transportation Board, 1925 is void ab initio. Petitions to revoke the 0001. In addition, a copy of each K Street, NW., Washington, DC 20423– exemption under 49 U.S.C. 10502(d) pleading must be served on Edward J. 0001. In addition, one copy of each may be filed at any time. The filing of Fishman, Kirkpatrick & Lockhart LLP, pleading must be served on Edward J. a petition to revoke will not 1800 Massachusetts Avenue—2nd Fishman, Kirkpatrick & Lockhart LLP, automatically stay the transaction. Floor, Washington, DC 20036. 1800 Massachusetts Avenue—2nd An original and 10 copies of all Board decisions and notices are Floor, Washington, DC 20036. pleadings, referring to STB Finance available on our Web site at http:// Board decisions and notices are Docket No. 34326, must be filed with www.stb.dot.gov. available on our Web site at http:// the Surface Transportation Board, 1925 www.stb.dot.gov. K Street, NW., Washington, DC 20423– Decided: April 4, 2003. 0001. In addition, one copy of each By the Board, David M. Konschnik, Decided: April 4, 2003. pleading must be served on Edward J. Director, Office of Proceedings. By the Board, David M. Konschnik, Fishman, Kirkpatrick & Lockhart LLP, Vernon A. Williams, Director, Office of Proceedings. 1800 Massachusetts Avenue—2nd Secretary. Vernon A. Williams, Floor, Washington, DC 20036. [FR Doc. 03–8925 Filed 4–11–03; 8:45 am] Secretary. Board decisions and notices are BILLING CODE 4915–00–P [FR Doc. 03–8924 Filed 4–11–03; 8:45 am] available on our Web site at http:// BILLING CODE 4915–00–P www.stb.dot.gov. Decided: April 4, 2003. DEPARTMENT OF TRANSPORTATION By the Board, David M. Konschnik, DEPARTMENT OF TRANSPORTATION Director, Office of Proceedings. Surface Transportation Board Vernon A. Williams, Surface Transportation Board [STB Finance Docket No. 34325] Secretary. [STB Finance Docket No. 34326] [FR Doc. 03–8927 Filed 4–11–03; 8:45 am] R.J. Corman Equipment Company, BILLING CODE 4915–00–P LLC—Acquisition Exemption—Line of R.J. Corman Railroad Company/ Lexington & Ohio Railroad Co., Inc. Central Kentucky Lines—Lease and Operation Exemption—Line of R.J. DEPARTMENT OF THE TREASURY R.J. Corman Equipment Company, Corman Equipment Company, LLC LLC (RJCE), a Class III rail carrier, has filed a verified notice of exemption R.J. Corman Railroad Company/ Office of the Secretary under 49 CFR 1150.41 to acquire Central Kentucky Lines (RJCC), a List of Countries Requiring approximately 14.9 miles of rail line noncarrier, has filed a verified notice of Cooperation With an International from the Lexington & Ohio Railroad Co., exemption under 49 CFR 1150.31 to Boycott Inc. located between approximately lease and operate approximately 14.9 milepost 23.9 LL in Lexington, KY, and miles of rail line from R.J. Corman In order to comply with the mandate approximately milepost 9.0 LL in Equipment Company, LLC (RJCE) of section 999(a)(3) of the Internal Versailles, KY, in Fayette and Woodford between approximately milepost 23.9 Revenue Code of 1986, the Department
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of the Treasury is publishing a current cooperation with, an international Saudi Arabia list of countries which may require boycott (within the meaning of section Syria participation in, or cooperation with, an 999(b)(3) of the Internal Revenue Code United Arab Emirates international boycott (within the of 1986). meaning of section 999(b)(3) of the Bahrain Yemen, Republic of Internal Review Code of 1986). Iraq Dated: April 3, 2003. Kuwait Barbara Angus, On the basis of the best information Lebanon currently available to the Department of Libya International Tax Counsel (Tax Policy). the Treasury, the following countries Oman [FR Doc. 03–8992 Filed 4–11–03; 8:45 am] may require participation in, or Qatar BILLING CODE 4810–25–M
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Corrections Federal Register Vol. 68, No. 71
Monday, April 14, 2003
This section of the FEDERAL REGISTER On page 15982, in the second column, DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously in the fifth line, ‘‘800’’ should read, published Presidential, Rule, Proposed Rule, ‘‘888’’. Federal Aviation Administration and Notice documents. These corrections are [FR Doc. C3–7858 Filed 4–11–03; 8:45 am] prepared by the Office of the Federal 14 CFR Part 71 Register. Agency prepared corrections are BILLING CODE 1505–01–D issued as signed documents and appear in the appropriate document categories [Docket No. FAA–2003–14644; Airspace elsewhere in the issue. NUCLEAR REGULATORY Docket No. 03–AGL–01] COMMISSION Proposed Modification of Class E 10 CFR Part 171 DEPARTMENT OF COMMERCE Airspace; Kenton, OH; Proposed RIN 3150–AH14 Rescission of Class E Airspace; Bureau of Industry and Security Bellefontaine, OH Revision of Fee Schedules; Fee Correction Action Affecting Export Privileges; Recovery for FY 2003 Yaudat Mustafa Talyi, a.k.a. Joseph Correction In proposed rule document 03–7663 Talyi, and International Business beginning on page 15388 in the issue of Services, Ltd. and Top Oil Tools, Ltd. In proposed rule document 03–7814 Monday, March 31, 2003, make the beginning on page 16374 in the issue of following correction: Correction Thursday, April 3, 2003, make the following correction: §71.1 [Corrected] In notice document 03–7858 beginning on page 15982 in the issue of § 171.16 [Corrected] On page 15389, in the third column, Wednesday, April 2, 2003, make the On page 16389, in § 171.16, in the in §71.1, under the heading AGL OH E5 following correction: second table, in the second column, in Kenton, OH [Revised], in the fifth line, the fourth entry, ‘‘1,957,00’’ should ‘‘long. 83° 57′′W.,’’ should read ‘‘ read, ‘‘1,957,000’’. 83°30′57′′W.,’’. [FR Doc. C3–7814 Filed 4–11–03; 8:45 am] [FR Doc. C3–7663 Filed 4–11–03; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D
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Part II
Environmental Protection Agency 40 CFR Part 60 Standards of Performance for Stationary Gas Turbines; Direct Final Rule and Proposed Rule
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ENVIRONMENTAL PROTECTION DATES: The direct final rule will be 0053, U.S. EPA, 1200 Pennsylvania AGENCY effective May 29, 2003, unless we Avenue, NW., Washington, DC 20460. receive adverse comments by May 14, In person or by courier, deliver 40 CFR Part 60 2003. If such comments are received, comments (in duplicate, if possible) to: then EPA will publish a timely Air and Radiation Docket, Attention [OAR–2002–0053, FRL–7476–5] withdrawal in the Federal Register Docket Number OAR–2002–0053, U.S. RIN 2060–AK35 indicating which provisions will EPA, 1301 Constitution Avenue, NW., become effective and which provisions Room B–108, Washington, DC 20460. Standards of Performance for are being withdrawn due to adverse We request that a separate copy also be Stationary Gas Turbines comment. Any distinct amendment, sent to the contact person listed below paragraph or section of the direct final (see FOR FURTHER INFORMATION CONTACT). AGENCY: Environmental Protection rule for which we do not receive FOR FURTHER INFORMATION CONTACT: Mr. Agency (EPA). adverse comment will become effective Jaime Pagan, Combustion Group, ACTION: Direct final rule; amendments. on the date set above, notwithstanding Emission Standards Division (C439–01), any adverse comment on any other U.S. EPA, Research Triangle Park, North SUMMARY: This action promulgates distinct amendment, paragraph, or amendments to several sections of the Carolina 27711; telephone number (919) section of the direct final rule. The 541–5340; facsimile number (919) 541– standards of performance for stationary incorporation by reference of certain gas turbines. The amendments will 5450; electronic mail address publications in the direct final rule is [email protected]. codify several alternative testing and approved by the Director of the Office monitoring procedures that have of the Federal Register as of May 29, SUPPLEMENTARY INFORMATION: Regulated routinely been approved by EPA. The 2003. Entities. Entities potentially regulated amendments will also reflect changes in by this action are those that own and nitrogen oxides (NOX) emission control ADDRESSES: Comments. By U.S. Postal operate stationary gas turbines, and are technologies and turbine design since Service, send comments (in duplicate, if the same as the existing rule in 40 CFR the standards were originally possible) to: EPA Docket Center (6102T), part 60, subpart GG. Regulated promulgated. Attention Docket Number OAR–2002– categories and entities include:
Category NAICS SIC Examples of regulated entities
Any industry using a stationary combustion turbine as 2211 4911 Electric services. defined in the direct final rule. 486210 4922 Natural gas transmission. 211111 1311 Crude petroleum and natural gas. 211112 1321 Natural gas liquids. 221 4931 Electric and other services, combined.
This table is not intended to be through Friday, excluding legal not anticipate adverse comments. exhaustive, but rather provides a guide holidays. The telephone number for the However, in the proposed rules section for readers regarding entities likely to be Public Reading Room is (202) 566–1744. of this Federal Register, we are regulated by this action. To determine The telephone number for the Air publishing a separate document that whether your facility is regulated by this Docket is (202) 566–1742. will serve as the proposal in the event action, you should examine the Electronic Access. You may access that adverse comments are filed. If we applicability criteria in § 60.330 of the this Federal Register document receive any adverse comments on a final rule. If you have questions electronically through the EPA Internet specific element of the direct final rule, regarding the applicability of this action under the Federal Register listings at we will publish a timely withdrawal in to a particular entity, consult the contact http://www.epa.gov/fedrgstr/. the Federal Register informing the person listed in the preceding FOR An electronic version of the public public which amendments will become FURTHER INFORMATION CONTACT section. docket is available through EPA’s effective and which amendments are Docket. EPA has established an electronic public docket and comment being withdrawn due to adverse official public docket for this action system, EPA Dockets. You may use EPA comment. We will address all public under Docket ID No. OAR–2002–0053. Dockets at http://www.epa.gov/edocket/ comments in a subsequent final rule The official public docket consists of the to view public comments, access the based on the proposed rule. Any of the documents specifically referenced in index listing of the contents of the distinct amendments in this direct final this action, any public comments official public docket, and to access rule for which we do not receive received, and other information related those documents in the public docket adverse comment will become effective to this action. Although a part of the that are available electronically. on the date set out above. We will not official docket, the public docket does Although not all docket materials may institute a second comment period on not include Confidential Business be available electronically, you may still the direct final rule. Any parties Information (CBI) or other information access any of the publicly available interested in commenting must do so at whose disclosure is restricted by statute. docket materials through the docket this time. The official public docket is the facility located above. Once in the World Wide Web (WWW). In addition collection of materials that is available system, select search, then key in the to being available in the docket, an for public viewing at the Air Docket in appropriate docket identification electronic copy of the direct final rule the EPA Docket Center, Room B108, number. is also available on the WWW through 1301 Constitution Ave., NW., Comments. We are publishing the the Technology Transfer Network Washington, DC 20460. The EPA Docket direct final rule without prior proposal (TTN). Following signature, a copy of Center Public Reading Room is open because we view this as a the promulgated direct final rule will be from 8:30 a.m. to 4:30 p.m., Monday noncontroversial amendment and do posted on the TTN’s policy and
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guidance page for newly proposed or subpart GG to codify the alternatives (PS) 2 and 3 of 40 CFR part 60, promulgated rules at http:// that have been routinely approved. appendix B. Alternatively, sources may www.epa.gov/ttn/oarpg. The TTN Additionally, we are attempting to choose to use data from a NOX CEMS provides information and technology harmonize, where appropriate, the that is certified according to the exchange in various areas of air provisions of subpart GG with the requirements of 40 CFR part 75, pollution control. If more information monitoring provisions of 40 CFR part appendix A. regarding the TTN is needed, call the 75, the continuous emission monitoring Owners or operators of new turbines TTN HELP line at (919) 541–5384. requirements of the acid rain program that commence construction after the Outline. The information presented in under title IV of the CAA, since many effective date of the direct final rule and this preamble is organized as follows: existing and new gas turbines are do not use water or steam injection to control NO emissions can use a NO I. Background subject to both regulations. X X CEMS as an alternative to continuously II. Discussion of Revisions II. Discussion of Revisions A. Continuous Monitoring Options monitoring fuel consumption and water B. Optional Fuel-Bound Nitrogen A. Continuous Monitoring Options or steam to fuel ratio, provided the CEMS is installed, operated, and Allowance Under the original provisions of C. Frequency of Fuel Nitrogen and Sulfur maintained according to PS 2 and 3 of Content Sampling subpart GG, any affected unit with a 40 CFR part 60, appendix B and 40 CFR D. Steam Injection water injection system was required to 60.13 or the requirements of 40 CFR part E. Test Methods for Sulfur Content and install and operate a continuous 75, appendix A. An acceptable Nitrogen Content of Fuel monitoring system to monitor and alternative to installation of a NOX F. Performance Testing record the fuel consumption and the CEMS is continuous parameter G. Measurement after Duct Burner ratio of water to fuel being fired in the monitoring. If this option is chosen, H. Option to Not Use International turbine. These operating parameters Organization for Standardization (ISO) owners or operators of uncontrolled demonstrate that a turbine continues to diffusion flame turbines must Correction operate under the same performance I. Accuracy of Continuous Monitoring continuously monitor at least four conditions as those documented during System (CMS) for Fuel Consumption and parameters indicative of the unit’s NOX the Water or Steam to Fuel Ratio the initial and any subsequent formation characteristics. For lean J. Deviations, Excess Emissions, and compliance tests, thus providing premix turbines, continuous monitoring Monitor Downtime reasonable assurance of compliance of parameters that indicate whether the K. Other Clarifications with the NOX standard. We are revising turbine is operating in the lean III. Environmental and Economic Impacts the regulation to allow the use of NOX premixed combustion mode is required. IV. Statutory and Executive Order Reviews continuous emission monitoring A. Executive Order 12866: Regulatory Examples of these parameters may systems (CEMS) to demonstrate include percentage of full load, turbine Planning and Review compliance, as detailed in the following B. Paperwork Reduction Act exhaust temperature, combustion C. Regulatory Flexibility Act paragraphs. reference temperature, compressor D. Unfunded Mandates Reform Act Owners or operators of turbines that discharge pressure, fuel and air valve E. Executive Order 13132: Federalism commenced construction, positions, dynamic pressure pulsations, F. Executive Order 13175: Consultation reconstruction, or modification after internal guide vane position, and flame and Coordination with Indian Tribal October 3, 1977, but before May 29, detection or flame scanner conditions. Governments 2003, and that use water or steam Definitions for diffusion flame turbine G. Executive Order 13045: Protection of injection to control NOX emissions can and lean premix turbine have been Children from Environmental Health continue to use the NOX monitoring Risks and Safety Risks added to the definitions section of the system which is currently being used, or final rule. Parameters that indicate H. Executive Order 13211: Actions that may elect to use a NO CEMS. The Significantly Affect Energy Supply, X proper operation of the emission control Distribution, or Use CEMS must be installed, operated, and device must be monitored for turbines I. National Technology Transfer maintained according to the appropriate that use selective catalytic reduction. In Advancement Act performance specification requirements all cases, the acceptable values and J. Congressional Review Act in 40 CFR part 60, appendix B. ranges for the parameters must be Alternatively, sources may choose to I. Background established during the initial use data from a NOX CEMS that is performance test for the turbine and Under section 111 of the CAA, 42 certified according to the requirements recorded in a parameter monitoring U.S.C. 7411, the EPA promulgated of 40 CFR part 75. Any owners or plan, to be kept on-site. standards of performance for stationary operators of turbines constructed, If the option to use a NOX CEMS is gas turbines (40 CFR part 60, subpart reconstructed, or modified in this time chosen, we have specified the minimum GG). The standards were originally period that do not use water or steam data requirements. For full operating promulgated on September 10, 1979 (44 injection and that have received EPA hours, each monitor must complete at FR 52798). Since that time, many approval of an alternative monitoring least one cycle of operation (including changes in the design of the NOX strategy can continue to follow the sampling, analyzing, and data emission controls used for and the conditions of the petition approval. recording) for each 15-minute quadrant composition of the fuels fired in gas For new turbines constructed after the of the hour. For partial unit operating turbines have occurred. Additional test effective date of the direct final rule and hours, one valid data point must be methods have also been developed to using water or steam injection for NOX obtained for each quadrant of the hour measure emissions from gas turbines control, owners/operators can elect to for which the unit is operating. Two and the sulfur content of gaseous fuels. use either the existing requirements for valid data points are required for hours As a result of these changes, we have continuous water or steam to fuel ratio in which required quality assurance and had many requests for case-by-case monitoring or may elect to use a CEMS maintenance activities are performed on approvals of alternative testing and to monitor NOX. The CEMS must be the CEMS. This data must be reduced to monitoring procedures for subpart GG. installed, operated, and maintained hourly averages for purposes of We are promulgating the amendments to according to Performance Specifications identifying excess emissions. The data
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acquisition and handling system must CFR part 75 and is convenient and 1. Nitrogen Content for Turbines That record the hourly NOX emissions as appropriate to use. Do Not Claim the Allowance for Fuel well as the International Organization We are allowing the use of NOX CEMS Bound Nitrogen for Standardization (ISO) standard as an alternative to continuously We are amending subpart GG so that conditions (if applicable). monitoring fuel consumption and water sources are required to monitor the In lieu of recording the ISO standard or steam to fuel ratio because the nitrogen content of the fuel being fired conditions, a worst case ISO correction majority of new turbines do not rely on in the turbine only if they claim the factor can be calculated using historical water injection for NOX control. allowance for fuel bound nitrogen. For ambient data. For the purpose of this Therefore, for those turbines, the sources that do not seek to use the fuel- calculation, substitute the maximum monitoring originally required by humidity of ambient air (H ), minimum bound nitrogen credit, the sampling o subpart GG is not appropriate. The use requirements to determine the daily fuel ambient temperature (Ta), and minimum of a NOX CEMS will show compliance nitrogen concentrations are not combustor inlet absolute pressure (Po) with the NOX standard of subpart GG required. into the ISO correction equation. By over all operating ranges. Additionally, using worst case parameters in this many of the units affected by subpart 2. Nitrogen and Sulfur Content for equation, the owner/operator can ensure GG are already required to install and Turbines Firing Fuel Oil compliance in all situations without certify CEMS for NOX under other The sampling frequency for having to continuously monitor requirements, such as the acid rain determining the nitrogen and sulfur temperature, humidity and pressure. monitoring regulation in 40 CFR part 75, content of fuel oil has been revised. Several case-by-case determinations or through conditions in various permit performed by EPA have accepted this Previously for bulk storage fuels, requirements. To reduce the burden on sampling and analysis was required methodology as an alternative to these units, we are allowing the use of continuous monitoring of atmospheric each time new fuel was added. The CEMS units that are certified according requirement to sample the nitrogen and conditions. to the requirements of 40 CFR part 75. No data generated using the data sulfur content of the fuel each time fuel The 40 CFR part 75 testing procedures substitution methodology in 40 CFR is transferred to the storage tank from to certify the CEMS are nearly identical part 75 may be used. Instead, these any other source can be burdensome for to those in 40 CFR part 60, and 40 CFR periods of missing data are identified a facility if there are one or more large and summarized in the excess emissions part 75 has rigorous quality assurance bulk storage tanks which are filled by and monitoring report required in 40 and quality control standards. We, tanker trucks or isolated from the therefore, believe it is appropriate to CFR 60.13. For turbines using NOX turbines during the filling process. If the CEMS, we have defined excess allow the use of 40 CFR part 75 CEMS fuel is not fed to the turbines during the emissions as any unit operating hour data for subpart GG compliance filling process, no environmental benefit during which the 4-hour rolling average demonstration. A definition of unit is gained by sampling every time oil is operating hour, which includes the NOX concentration exceeds the added from a tanker truck. Similarly, no applicable emission limit. concepts of ‘‘full’’ and ‘‘partial’’ environmental benefit is gained by The averaging time selected for operating hours, is needed to clarify sampling a tank which remains isolated combustion turbine NOX CEMS to how to validate an hour when using from feeding turbines until it is filled. define the periods of excess emissions is CEMS and for the purpose of defining It is less burdensome to allow a tank to a period of 4 hours averaged each hour. excess emissions, deviations, and be filled completely, regardless of how The 4-hour period is representative of periods of monitor downtime. many tanker trucks it takes, and then the overall elapsed time in a typical B. Optional Fuel-Bound Nitrogen drawing a sample of the combined fuel. EPA Method 20 of 40 CFR part 60, Allowance In the end, this mixture of fuel is what appendix A, source test. This period has will be fed to the turbines. Thus, we are been found adequate to represent the The NOX emission standard in 40 CFR eliminating the requirement to sample performance of combustion turbine NOX 60.332 includes a NOX emission each time new fuel is added and are emissions and NOX emission control allowance for fuel-bound nitrogen. The allowing the use of any of the four systems. The 4-hour period is a use of this allowance for fuel-bound sampling options from 40 CFR part 75, relatively short averaging time nitrogen will be optional upon appendix D. The four options are as compared to 24-hour and monthly promulgation of the direct final rule. follows: daily sampling, flow averaging times used for other types of Owners or operators will be able to proportional sampling, sampling from a combustion devices to account for the choose to accept a value of zero for the unit’s storage tank, or sampling each NOX emissions variability, particularly NOX emission allowance. The NOX delivery. in solid fuels. Combustion turbines emission limitations in many State 3. Sulfur Content for Turbines Firing typically use natural gas or No. 2 permits are much more stringent than Natural Gas distillate oil, which have a relatively those of subpart GG. Many turbines are uniform fuel nitrogen content, therefore, required by their permits to be fired A definition for natural gas has been a relatively short averaging time such as only with pipeline quality natural gas, added to the definitions section. It is 4 hours is appropriate. An averaging which is almost free of fuel-bound consistent with the latest definition in time of 1 hour was also considered but nitrogen. Therefore, these facilities are 40 CFR part 72. Owners and operators was rejected since 4 hours more closely not likely to use the fuel-bound nitrogen of turbines that are combusting natural represent the typical duration of a credit. gas are now provided with alternatives to demonstrate that the fuel meets the combustion turbine stack test and C. Frequency of Fuel Nitrogen and sulfur content requirement. We believe includes the ability to account for a Sulfur Content Sampling small amount of nitrogen variability. that sulfur sampling is unnecessary for A 1-hour period was selected as the Several revisions to the sampling fuels that qualify as natural gas. As recurring (rolling) period for which the frequency requirements for fuel nitrogen defined in the direct final rule, natural 4-hour averages are calculated since it is content and fuel sulfur content are being gas contains 20.0 grains or less of total already required to be reported under 40 made. sulfur per 100 standard cubic feet,
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which equates to about 0.06 weight for liquid fuels. As the National range to determine the water to fuel percent sulfur or 600 parts per million Technology Transfer and Advancement ratio and fuel consumption needed to by weight (ppmw). When natural gas is Act requires, we have identified these maintain NOX compliance across the combusted, there is no possibility of voluntary consensus standards and are unit’s normal operating range. One of exceeding the subpart GG sulfur limit of citing them for use. We are not adding the tests was required to be conducted 0.8 weight percent. any methods for determining the fuel- at 100 percent of peak load. We are bound nitrogen content of the fuel being revising the final rule to allow one test 4. Sulfur and Nitrogen Content for fired for gaseous fuels because none point at 90 to 100 percent of peak load. Turbines Firing Gaseous Fuels Other were identified. We do not expect any Due to conditions that are beyond the Than Natural Gas source owner to use a gaseous fuel with control of the turbine operator, such as Units that fire a gaseous fuel that is sufficient fuel bound nitrogen present to ambient conditions, it is often not supplied without intermediate bulk claim a credit. Any source owner possible for a turbine to be operated at storage, but is not natural gas, must proposing credit for fuel bound nitrogen 100 percent of the manufacturer’s determine and record the sulfur content in a gaseous fuel will have to document design capacity. Therefore, the and (if applicable) nitrogen content once an acceptable method. We have requirement to test at 100 percent of per day. Alternatively, these units may amended subpart GG to allow the use of peak load has been made more flexible. follow one of two custom sulfur most of the methods specified in Another change is that the initial sampling schedules outlined in the sections 2.2.5 and 2.3.3.1.2 of 40 CFR performance test can be performed at 90 direct final rule, or they may develop a part 75, appendix D to determine the to 100 percent of peak load only, instead custom schedule that is approved by the total sulfur content of gaseous fuel. The of at four different loads, if the owner Administrator. One custom schedule alternative methods for total sulfur or operator chooses to use the NOX requires daily sampling for 30 provide more flexibility and harmonize CEMS monitoring option. The NOX consecutive unit operating days. with the requirements in 40 CFR part CEMS will provide realtime data on Provided the data indicate compliance, 75. The method ASTM D3031–81 has NOX emissions for any given time of the frequency can then be reduced been deleted from the final rule because operation. This data provides credible according to specific criteria. Unit it was discontinued by the ASTM in evidence which can be used to operating day is now defined in 40 CFR 1990 with no replacement. If the total determine the unit’s compliance status 60.331. sulfur content of the fuel being fired in on a continuous basis following the Units may also follow a custom the turbine is less than 0.4 weight initial test. The availability of this schedule based on the 720-hour sulfur percent, we are adding a provision that continuous information through the use sampling demonstration described in 40 the following methods may be used to of NOX CEMS after the initial CFR part 75, appendix D. Under both measure the sulfur content of the fuel: performance testing justifies testing at a schedules, if the margin of compliance ASTM D4084–82 or 94, D5504–01, single load for the initial compliance is large, the sampling frequency can D6228–98, or the Gas Processors testing. We are also clarifying how data eventually be reduced to annually. We Association Method 2377–86. This collected during a relative accuracy test are codifying these two custom provision is consistent with the audit (RATA) of the NOX CEMS may be schedules that have routinely been provision in 40 CFR 60.13(j)(1) allowing used to demonstrate compliance with approved under the subpart GG alternatives to reference method tests to the performance tests required by 40 provision that allows sources to develop determine relative accuracy of CEMS for CFR 60.8. The RATA consists of a custom schedules for fuel sampling that sources with emission rates minimum of nine 21-minute runs using must be approved by the Administrator. demonstrated to be less than 50 percent EPA reference test methods, for a total of the applicable standard. of 189 minutes or just over 3 hours. This D. Steam Injection amount of sampling accompanied by Sources that are using water injection F. Performance Testing sampling at multiple traverse points currently can monitor the ratio of water To measure the NOX and diluent during a RATA provides enough to fuel, as well as fuel consumption, to concentration during the performance representative emissions data to demonstrate compliance with the NOX test, we are adding EPA Method 7E of determine the unit’s compliance status. standard. We are allowing sources that 40 CFR part 60, appendix A used in Finally, a statement has been added to are using steam injection to monitor the conjunction with EPA Method 3 or 3A clarify that if the turbine combusts both ratio of steam to fuel and fuel of 40 CFR part 60, appendix A as an oil and gas, separate performance testing consumption to demonstrate acceptable alternative to EPA Method is required for each type of fuel compliance. Steam injection is another 20. In addition, we are adding ASTM combusted by the turbine, except for method of NOX control, and water and D6522–00 as another alternative to EPA emergency fuel. We believe that this is steam injection are the wet methods Method 20. If ASTM D6522–00 or EPA appropriate due to the fact that NOX usually used. Steam injection Methods 7E and 3 or 3A are used, emissions vary by fuel type. monitoring is an acceptable type of sampling must be conducted at a G. Measurement After Duct Burner parametric emission monitoring minimum of three traverse points, due method. to concerns about potential stratification For sources that are combined cycle of pollutant concentrations in the turbine systems using supplemental E. Test Methods for Sulfur Content and turbine stack. heat, we have added an option that the Nitrogen Content of Fuel Subpart GG previously required the turbine NOX emissions may be When subpart GG was originally NOX initial compliance testing to be measured after the duct burner rather promulgated, no test methods were conducted at four different loads across than directly after the turbine. No specified for monitoring the nitrogen the unit’s operating range. This testing additional NOX allowance is given. A content of the fuel. We are specifying was required because of the difficulty in definition for duct burner has also been American Society of Testing and predicting which operating load will added to the definitions section of the Materials (ASTM) D2597–94(1999), represent worst case conditions when final rule. For combined cycle units, ASTM D6366–99, ASTM D4629–02, or monitoring operational data. Testing, there are several concerns with testing ASTM D5762–02 as acceptable methods therefore, was done across the operating and monitoring NOX at the turbine
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outlet. For example, it is questionable J. Deviations, Excess Emissions, and Budget (OMB) and the requirements of whether the turbine outlet location is Monitor Downtime the Executive Order. The Executive suitable for installation of CEMS. The excess emission reporting Order defines ‘‘significant regulatory Moreover, due to the high temperature provisions under 40 CFR 60.334 have action’’ as one that is likely to result in and pressure of the turbine exhaust at been revised to include definitions of a rule that may: that location, it may be difficult to deviations, excess emissions, and (1) Have an annual effect on the conduct an EPA Method 20 performance monitor downtime periods for the economy of $100 million or more or test at the turbine outlet of a combined various emissions and parameter adversely affect in a material way the cycle unit. In addition, any combined monitoring requirements. To be economy, a sector of the economy, cycle units that are subject to NOX consistent with other 40 CFR part 60 productivity, competition, jobs, the CEMS requirements for 40 CFR part 75 rules, we are including provisions for environment, public health or safety, or or subparts Da and Db of 40 CFR part deviations, which are associated with State, local, or tribal governments or 60 will most likely have installed the parametric monitoring. A deviation communities; (2) Create a serious inconsistency or CEMS after the duct burner, on the heat indicates the possibility that an excess recovery steam generator (HRSG) stack. otherwise interfere with an action taken emission has occurred. Periods of Another reason to allow measurement of or planned by another agency; monitor downtime were not previously NO emissions after the duct burner is (3) Materially alter the budgetary X defined, so we have added definitions that add-on NO control systems such impact of entitlements, grants, user fees, X for those periods. New provisions have as selective catalytic reduction (SCR) are or loan programs, or the rights and been added for CEMS and parametric generally located after the duct burner; obligation of recipients thereof; or monitoring for certain units; therefore, it turbine NO performance testing should (4) Raise novel legal or policy issues X is necessary to define the excess be conducted after the NO control arising out of legal mandates, the X emissions, deviations, and monitor device and would, therefore, include President’s priorities, or the principles downtime for turbines using these new emissions from the duct burner. set forth in the Executive Order. monitoring options. Pursuant to the terms of Executive H. Option To Not Use International K. Other Clarifications Order 12866, we have determined that Organization for Standardization (ISO) the amendments do not constitute a Correction Several other minor clarifications ‘‘significant regulatory action’’ because We have added an option to not use have been made to the final rule. They they do not meet any of the above the ISO correction equation for the are as follows: (1) Indicated that the criteria. Consequently, this action was following units: lean premix combustor sulfur content standard in 40 CFR not submitted to OMB for review under turbines, units used in association with 60.333(b) of 0.8 percent by weight is Executive Order 12866. heat recovery steam generators equivalent to 8000 ppmw; (2) clarified B. Paperwork Reduction Act equipped with duct burners, and units the NOX standard in 40 CFR 60.332(a)(1) with add-on emission controls. This to indicate that it is an emission This action does not impose any new option was added based on discussions concentration and should be ISO information collection burden. Burden with the Gas Turbine Association corrected (if required); and (3) clarified means the total time, effort, or financial (GTA). The GTA indicated in letters to the NOX emission concentration resources expended by persons to EPA on April 16, 2002, and May 30, equation in 40 CFR 60.335(b)(1) to generate, maintain, retain, or disclose or 2002, that the ISO correction equation indicate it is a concentration instead of provide information to or for a Federal was not necessary for these units. These a rate and that it is on a dry basis. agency. This includes the time needed letters can be found in the docket. III. Environmental and Economic to review instructions; develop, acquire, install, and utilize technology and I. Accuracy of Continuous Monitoring Impacts systems for the purposes of collecting, System (CMS) for Fuel Consumption We believe that the amendments will validating, and verifying information, and the Water or Steam to Fuel Ratio not have any significant economic or processing and maintaining The requirement that the CMS for the environmental impacts. The changes information, and disclosing and fuel consumption and water or steam to have been made primarily to codify providing information; adjust the fuel ratio for the turbine be accurate to routine testing and monitoring existing ways to comply with any within 5 percent has been removed. The alternatives that have previously been previously applicable instructions and numerical value of water to fuel ratio approved by us. We are not introducing requirements; train personnel to be able that serves as a surrogate for the any new emission limitations, control to respond to a collection of requirements, or monitoring acceptable NOX concentration is information; search data sources; established at each facility. This is requirements. We are attempting to complete and review the collection of accomplished by simultaneously reduce the testing, monitoring, and information; and transmit or otherwise reporting burden by harmonizing with measuring the NOX concentration and disclose the information. using a CMS to monitor the water or the requirements of 40 CFR part 75, An agency may not conduct or steam to fuel ratio that achieves that since many gas turbines are subject to it sponsor, and a person is not required to as well as subpart GG. NOX level at various turbine loads at the respond to a collection of information specific facility during a performance IV. Statutory and Executive Order unless it displays a currently valid OMB test. This calibration serves to assure Reviews control number. The OMB control that if the water or steam to fuel ratio numbers for EPA’s regulations are listed is maintained above this surrogate value A. Executive Order 12866: Regulatory in 40 CFR part 9 and 48 CFR chapter 15. using the same CMS, then acceptable Planning and Review The revisions contain no changes to NOX concentration levels are attained Under Executive Order 12866 (58 FR the information collection requirements even if the actual numerical value is not 51735, October 4, 1993), we must of the current New Source Performance correct. Hence, the requirement to be determine whether a regulatory action is Standards (NSPS) that would increase accurate within plus or minus 5 percent ‘‘significant’’ and, therefore, subject to the burden to sources, and the currently is not necessary. review by the Office of Management and approved OMB information collection
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requests are still in force for the earlier in this preamble. These cost small governments on compliance with amended rule. Some changes in the savings will be experienced by turbines the regulatory requirements. final rule, such as allowing the use of owned and operated by small entities as The EPA has determined that the CEMS to measure NOX emissions, are well as large ones. Using the existing direct final rule amendments contain no provided as an option to sources, and combustion turbines inventory as a Federal mandates that may result in should reduce burden to those sources measure of which industries may install expenditures of $100 million or more who already have a CEMS in place for new turbines in the future, presuming for State, local, and tribal governments, other regulatory reasons, such as the the existing mix of combustion turbines in the aggregate, or the private sector in Acid Rain requirements in 40 CFR part currently is a good approximation of the any one year. Thus, the amendments are 75. Other changes, such as the mix of turbines that will be installed not subject to the requirements of allowance of parametric monitoring in and affected by the direct final rule up sections 202 and 205 of the UMRA. In place of water to fuel ratio monitoring, to 2007, 2.5 percent of new turbines addition, EPA has determined that the do not result in additional overall will likely be owned and amendments contain no regulatory recordkeeping and reporting operated by small entities. Of these requirements that might significantly or requirements beyond those already entities, a majority of these are owned uniquely affect small governments required. and operated by small communities. because they contain no requirements For more information on the results of that apply to such governments or C. Regulatory Flexibility Act the analysis of small entity impacts, impose obligations upon them. The Regulatory Flexibility Act (RFA), please refer to the economic impact Therefore, the direct final rule as Amended by the Small Business analysis in the docket. amendments are not subject to the Regulatory Enforcement Fairness Act of requirements of section 203 of the D. Unfunded Mandates Reform Act 1996 (SBREFA), 5 U.S.C. 601 et seq., UMRA. generally requires an agency to prepare Title II of the Unfunded Mandates a regulatory flexibility analysis of any Reform Act of 1995 (UMRA), Public E. Executive Order 13132: Federalism rule subject to notice and comment Law 104–4, establishes requirements for Executive Order 13132, entitled rulemaking requirements under the Federal agencies to assess the effects of ‘‘Federalism’’ (64 FR 43255, August 10, Administrative Procedure Act or any their regulatory actions on State, local, 1999), requires us to develop an other statute, unless the agency certifies and tribal governments and the private accountable process to ensure that the rule will not have a significant sector. Under section 202 of the UMRA, ‘‘meaningful and timely input by State economic impact on a substantial EPA generally must prepare a written and local officials in the development of number of small entities. Small entities statement, including a cost-benefit regulatory policies that have federalism include small businesses, small analysis, for proposed and final rules implications.’’ ‘‘Policies that have organizations, and small governmental with ‘‘Federal mandates’’ that may federalism implications’’ are defined in jurisdictions. result in expenditures by State, local, the Executive Order to include For purposes of assessing the impacts and tribal governments, in the aggregate, regulations that have ‘‘substantial direct of the direct final rule on small entities, or by the private sector, of $100 million effects on the States, on the relationship small entity is defined as: (1) A small or more in any one year. between the national government and business whose parent company has Before promulgating an EPA rule for the States, or on the distribution of fewer than 100 or 1,000 employees, or which a written statement is needed, power and responsibilities among the fewer than 4 billion kW-hr per year of section 205 of the UMRA generally various levels of government.’’ electricity usage, depending on the size requires EPA to identify and consider a The direct final rule does not have definition for the affected North reasonable number of regulatory federalism implications. It will not have American Industry Classification alternatives and adopt the least costly, substantial direct effects on the States, System (NAICS) code; (2) a small most cost effective, or least burdensome on the relationship between the national governmental jurisdiction that is a alternative that achieves the objective of government and the States, or on the government of a city, county, town, the rule. The provisions of section 205 distribution of power and school district or special district with a do not apply when they are inconsistent responsibilities among the various population of less than 50,000; and (3) with applicable law. Moreover, section levels of government, as specified in a small organization that is any not-for- 205 allows EPA to adopt an alternative Executive Order 13132. Today’s action profit enterprise which is independently other than the least costly, most cost codifies alternative testing and owned and operated and is not effective, or least burdensome monitoring procedures that have dominant in its field. It should be noted alternative if the Administrator routinely been approved by EPA. There that small entities in six NAICS codes publishes with the final rule an are minimal, if any, impacts associated may be affected by the direct final rule, explanation why that alternative was with this action. Thus, Executive Order and the small business definition not adopted. Before EPA establishes any 13132 does not apply to the direct final applied to each industry by NAICS code regulatory requirements that may rule amendments. is that listed in the Small Business significantly or uniquely affect small Administration (SBA) size standards (13 governments, including tribal F. Executive Order 13175: Consultation CFR part 121). governments, it must have developed and Coordination With Indian Tribal After considering the economic under section 203 of the UMRA a small Governments impacts of the direct final rule on small government agency plan. The plan must Executive Order 13175, entitled entities, we certify that this action will provide for notifying potentially ‘‘Consultation and Coordination with not have a significant economic impact affected small governments, enabling Indian Tribal Governments’’ (65 FR on a substantial number of small officials of affected small governments 67249, November 6, 2000), requires EPA entities. This certification is based to have meaningful and timely input in to develop an accountable process to primarily upon the estimated cost the development of EPA regulatory ensure ‘‘meaningful and timely input by savings to turbine owners and operators proposals with significant Federal tribal officials in the development of as a result of the revisions to 40 CFR intergovernmental mandates, and regulatory policies that have tribal part 60, subpart GG that are presented informing, educating, and advising implications.’’ ‘‘Policies that have tribal
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implications’’ is defined in the I. National Technology Transfer and Carbon Monoxide, and Oxygen Executive Order to include regulations Advancement Act Concentrations in Emissions from that have ‘‘substantial direct effects on Section 12(d) of the National Natural Gas-Fired Reciprocating one or more Indian tribes, on the Technology Transfer and Advancement Engines, Combustion Turbines, Boilers relationship between the Federal Act (NTTAA) of 1995 (Public Law No. and Process Heaters Using Portable government and the Indian tribes, or on 104–113; 15 U.S.C. 272 note) directs the Analyzers’ was identified as an the distribution of power and EPA to use voluntary consensus acceptable alternative to EPA Methods responsibilities between the Federal standards in their regulatory and 3A, 7E, and 20 for identifying nitrogen government and Indian tribes.’’ procurement activities unless to do so oxide and oxygen concentration for the The direct final rule does not have would be inconsistent with applicable direct final rule when the fuel is natural tribal implications. It will not have law or otherwise impractical. Voluntary gas. substantial direct effects on tribal consensus standards are technical governments, on the relationship In addition to the voluntary between the Federal government and standards (e.g., materials specifications, consensus standards EPA uses in the Indian tribes, or on the distribution of test methods, sampling procedures, direct final rule, the search for power and responsibilities between the business practices) developed or emissions measurement procedures Federal government and Indian tribes, adopted by one or more voluntary identified six other voluntary consensus as specified in Executive Order 13175. consensus bodies. The NTTAA directs standards. The EPA determined that We do not know of any stationary gas EPA to provide Congress, through these six standards identified for turbines owned or operated by Indian annual reports to OMB, with measuring emissions subject to emission tribal governments. However, if there explanations when an agency does not standards were impractical alternatives are any, the effect of the direct final rule use available and applicable voluntary to EPA test methods for the purposes of on communities of tribal governments consensus standards. the direct final rule. Therefore, EPA would not be unique or The direct final rule involves does not intend to adopt these standards disproportionate to the effect on other technical standards. The EPA cites the for this purpose. The reasons for this following standards in the direct final communities. Thus, Executive Order determination for the six methods are in rule: EPA Methods 3, 3A, 7E, and 20 of 13175 does not apply to the direct final the docket. rule. 40 CFR part 60, appendix A; PS 2 and 3 of 40 CFR part 60, appendix B. Section 60.335 to 40 CFR part 60, G. Executive Order 13045: Protection of In addition, the direct final rule cites subpart GG, lists the EPA testing Children From Environmental Health the following voluntary consensus methods included in the final rule. Risks and Safety Risks standards: ASTM D129–00 Under 40 CFR 63.7(f) and 63.8(f), a Executive Order 13045 (62 FR 19885, (incorporated by reference (IBR) in 40 source may apply to EPA for permission April 23, 1997) applies to any rule that: CFR part 60, section 17), ASTM D1072– to use alternative test methods or (1) Is determined to be ‘‘economically 80 or –90 (Reapproved 1999) (IBR in 40 alternative monitoring requirements in significant’’ as defined under Executive CFR part 60, section 17), ASTM D1266– place of any of the EPA testing methods, Order 12866, and (2) concerns an 98 (IBR in 40 CFR part 60, section 17), performance specifications, or environmental health or safety risk that ASTM D1552–01 (IBR in 40 CFR part procedures. 60, section 17), ASTM D2597–94 we have reason to believe may have a J. Congressional Review Act disproportionate effect on children. If (Reapproved 1999), ASTM D2622–98 the regulatory action meets both criteria, (IBR in 40 CFR part 60, section 17), The Congressional Review Act, 5 we must evaluate the environmental ASTM D3246–81 or –92 or –96 (IBR in U.S.C. 801 et seq., as added by the Small health or safety effects of the planned 40 CFR part 60, section 17), ASTM Business Regulatory Enforcement rule on children, and explain why the D4084–82 or –94 (IBR in 40 CFR part 60, Fairness Act of 1996, generally provides planned regulation is preferable to other section 17), ASTM D4294–02, ASTM that before a rule may take effect, the potentially effective and reasonably D4468–85 (Reapproved 2000), ASTM agency promulgating the rule must feasible alternatives. D4629–02, ASTM D5453–00, ASTM submit a rule report, which includes a We interpret Executive Order 13045 D5504–01, ASTM D5762–02, ASTM copy of the rule, to each House of the D6228–98, ASTM D6366–99, ASTM as applying only to those regulatory Congress and to the Comptroller General D6522–00, ASTM D6667–01; and Gas actions that are based on health or safety of the United States. The EPA will Processors Association Standard 2377– risks, such that the analysis required submit a report containing the direct 86. under section 5–501 of the Executive final rule and other required Consistent with the NTTAA, EPA Order has the potential to influence the information to the U.S. Senate, the U.S. conducted searches to identify regulation. The direct final rule is not House of Representatives, and the voluntary consensus standards in subject to Executive Order 13045 Comptroller General of the United because it is based on technology addition to the EPA methods. No applicable voluntary consensus States prior to publication of the direct performance and not on health or safety final rule in the Federal Register. The risks. standards were identified for EPA PS 3. The search and review results have been direct final rule is not a ‘‘major rule’’ as H. Executive Order 13211: Actions That documented and are placed in the defined by 5 U.S.C. 804(2). Significantly Affect Energy Supply, docket (OAR–2002–0053) for the direct List of Subjects in 40 CFR Part 60 Distribution, or Use final rule. The direct final rule is not subject to One voluntary consensus standard Environmental protection, Executive Order 13211, ‘‘Actions was found acceptable as an alternative Administrative practice and procedure, Concerning Regulations that to EPA test methods for the purposes of Air pollution control, Incorporation by Significantly Affect Energy Supply, the direct final rule. The voluntary reference, Intergovernmental relations, Distribution, or Use’’ because it is not a consensus standard ASTM D6522–00, Nitrogen dioxide, Reporting and significant regulatory action under ‘‘Standard Test Method for the recordkeeping requirements, Sulfur Executive Order 12866. Determination of Nitrogen Oxides, oxides.
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Dated: March 27, 2003. Method 19, Section 12.5.2.2.3; Flame Photometric Detection, IBR Christine Todd Whitman, §§ 60.106(j)(2) and 60.335(b)(10)(i). approved for § 60.334(h)(1). Administrator. * * * * * (73) ASTM D6366–99, Standard Test Method for Total Trace Nitrogen and Its ■ For the reasons stated in the preamble, (33) ASTM D2622–87, 94, 98, Derivatives in Liquid Aromatic title 40, chapter I, part 60, of the Code of Standard Test Method for Sulfur in Hydrocarbons by Oxidative Combustion Federal Regulations is amended to read Petroleum Products by Wavelength and Electrochemical Detection, IBR as follows: Dispersive X-Ray Fluorescence Spectrometry,’’ IBR approved for approved for § 60.335(b)(9)(i). PART 60—[AMENDED] §§ 60.106(j)(2) and 60.335(b)(10)(i). (74) ASTM D6522–00, Standard Test Method for Determination of Nitrogen ■ * * * * * 1. The authority citation for part 60 (43) ASTM D3246–81, 92, 96, Oxides, Carbon Monoxide, and Oxygen continues to read as follows: Standard Test Method for Sulfur in Concentrations in Emissions from Authority: 42 U.S.C. 7401, et seq. Petroleum Gas by Oxidative Natural Gas-Fired Reciprocating Microcoulometry, IBR approved for Engines, Combustion Turbines, Boilers, Subpart A—[AMENDED] § 60.335(b)(10)(ii). and Process Heaters Using Portable Analyzers, IBR approved for § 60.335(a). ■ 2. Section 60.17 is amended by: * * * * * (75) ASTM D6667–01, Standard Test (50) ASTM D4084–82, 94, Standard ■ a. Removing and reserving paragraph Method for Determination of Total Test Method for Analysis of Hydrogen (a)(38); Volatile Sulfur in Gaseous Sulfide in Gaseous Fuels (Lead Acetate ■ b. Revising paragraph (a) introductory Hydrocarbons and Liquefied Petroleum Reaction Rate Method), IBR approved text; Gases by Ultraviolet Fluorescence, IBR for § 60.334(h)(1). ■ c. Revising paragraph (a)(8); approved for § 60.335(b)(10)(ii). ■ d. Revising paragraph (a)(15); * * * * * * * * * * (65) ASTM D2597–94 (Reapproved ■ e. Revising paragraph (a)(18); (m) This material is available for 1999), Standard Test Method for ■ purchase from at least one of the f. Revising paragraph (a)(20); Analysis of Demethanized Hydrocarbon ■ following addresses: The Gas Processors g. Revising paragraph (a)(33); Liquid Mixtures Containing Nitrogen ■ h. Revising paragraph (a)(43); Association, 6526 East 60th Street, and Carbon Dioxide by Gas Tulsa, OK, 74145; or Information ■ i. Revising paragraph (a)(50); Chromatography, IBR approved for ■ j. Adding paragraphs (a)(65) through Handling Services, 15 Inverness Way § 60.335(b)(9)(i). East, P.O. Box 1154, Englewood, CO (a)(75); and (66) ASTM D4294–02, Standard Test 80150–1154. You may inspect a copy at ■ k. Adding paragraph (m). Method for Sulfur in Petroleum and EPA’s Air and Radiation Docket and The revisions and additions read as Petroleum Products by Energy- Information Center, Room B108, 1301 follows: Dispersive X-Ray Fluorescence Constitution Ave., NW., Washington, Spectrometry, IBR approved for § 60.17 Incorporation by Reference. DC 20460. § 60.335(b)(10)(i). * * * * * (1) Gas Processors Association (67) ASTM D4468–85 (Reapproved Method 2377–86, Test for Hydrogen (a) The following materials are 2000), Standard Test Method for Total available for purchase from at least one Sulfide and Carbon Dioxide in Natural Sulfur in Gaseous Fuels by Gas Using Length of Stain Tubes, IBR of the following addresses: American Hydrogenolysis and Rateometric Society for Testing and Materials approved for § 60.334(h)(1). Colorimetry, IBR approved for (2) [Reserved] (ASTM), 100 Barr Harbor Drive, Post § 60.335(b)(10)(ii). Office Box C700, West Conshohocken, (68) ASTM D4629–02, Standard Test * * * * * PA 19428–2959; or ProQuest, 300 North Method for Trace Nitrogen in Liquid Subpart GG—[AMENDED] Zeeb Road, Ann Arbor, MI 48106. Petroleum Hydrocarbons by Syringe/ * * * * * Inlet Oxidative Combustion and ■ 3. Section 60.331 is amended by (8) ASTM D129–64, 78, 95, 00, Chemiluminescence Detection, IBR adding paragraphs (s) through (aa) to Standard Test Method for Sulfur in approved for § 60.335(b)(9)(i). read as follows: Petroleum Products (General Bomb (69) ASTM D5453–00, Standard Test Method), IBR approved for Appendix A: Method for Determination of Total § 60.331 Definitions. Method 19, 12.5.2.2.3; §§ 60.106(j)(2) Sulfur in Light Hydrocarbons, Motor * * * * * and 60.335(b)(10)(i). Fuels and Oils by Ultraviolet (s) Unit operating hour means a clock * * * * * Fluorescence, IBR approved for hour during which any fuel is (15) ASTM D1072–80, 90 § 60.335(b)(10)(i). combusted in the affected unit. If the (Reapproved 1994), Standard Test (70) ASTM D5504–01, Standard Test unit combusts fuel for the entire clock Method for Total Sulfur in Fuel Gases, Method for Determination of Sulfur hour, it is considered to be a full unit IBR approved for § 60.335(b)(10)(ii). Compounds in Natural Gas and Gaseous operating hour. If the unit combusts fuel Fuels by Gas Chromatography and for only part of the clock hour, it is * * * * * Chemiluminescence, IBR approved for considered to be a partial unit operating (18) ASTM D1266–87, 91, 98, § 60.334(h)(1). hour. Standard Test Method for Sulfur in (71) ASTM D5762–02, Standard Test (t) Deviation means a unit operating Petroleum Products (Lamp Method), IBR Method for Nitrogen in Petroleum and hour during which the recorded value of approved for §§ 60.106(j)(2) and Petroleum Products by Boat-Inlet a particular monitored parameter is 60.335(b)(10)(i). Chemiluminescence, IBR approved for outside the acceptable range specified in * * * * * § 60.335(b)(9)(i). the parameter monitoring plan for the (20) ASTM D1552–83, 95, 01, (72) ASTM D6228–98, Standard Test affected unit. Standard Test Method for Sulfur in Method for Determination of Sulfur (u) Excess emissions means a Petroleum Products (High-Temperature Compounds in Natural Gas and Gaseous specified averaging period over which Method), IBR approved for Appendix A: Fuels by Gas Chromatography and either (1) the NOX emissions are higher
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than the applicable emission limit in STD = allowable ISO corrected (if required by § 60.8. Notices of approval § 60.332; or (2) the total sulfur content required as given in 60.335(b)(1)) NOX of custom fuel-bound nitrogen of the fuel being combusted in the emission concentration (percent by allowances will be published in the affected facility exceeds the limit volume at 15 percent oxygen and on Federal Register. specified in § 60.333. a dry basis), * * * * * Y = manufacturer’s rated heat rate at (v) Natural gas means a naturally ■ 5. Section 60.333 is amended by manufacturer’s rated load (kilojoules occurring fluid mixture of hydrocarbons revising paragraph (b) to read as follows: (e.g., methane, ethane, or propane) per watt hour) or, actual measured produced in geological formations heat rate based on lower heating value § 60.333 Standard for sulfur dioxide. beneath the Earth’s surface that of fuel as measured at actual peak * * * * * maintains a gaseous state at standard load for the facility. The value of Y (b) No owner or operator subject to atmospheric temperature and pressure shall not exceed 14.4 kilojoules per the provisions of this subpart shall burn under ordinary conditions. Natural gas watt hour, and in any stationary gas turbine any fuel contains 20.0 grains or less of total F = NOX emission allowance for fuel- which contains total sulfur in excess of sulfur per 100 standard cubic feet. bound nitrogen as defined in 0.8 percent by weight (8000 ppmw). paragraph (a)(4) of this section. Additionally, natural gas must either be ■ 6. Section 60.334 is amended by: composed of at least 70 percent methane (2) * * * ■ a. Revising paragraphs (a) and (b); by volume or have a gross calorific where: ■ b. Redesignating paragraph (c) as para- value between 950 and 1100 Btu per STD = allowable ISO corrected (if graph (j); standard cubic foot. Natural gas does required as given in 60.335(b)(1)) NO ■ c. Adding a new paragraph (c); not include the following gaseous fuels: X emission concentration (percent by ■ d. Adding paragraphs (d) through (i); Landfill gas, digester gas, refinery gas, volume at 15 percent oxygen and on ■ e. Revising newly designated para- sour gas, blast furnace gas, coal-derived a dry basis), graphs (j) introductory text, (j)(1) and gas, producer gas, coke oven gas, or any Y = manufacturer’s rated heat rate at (j)(2); and gaseous fuel produced in a process manufacturer’s rated load (kilojoules ■ f. Adding paragraph (j)(5). which might result in highly variable per watt hour) or, actual measured The revisions and additions read as sulfur content or heating value. heat rate based on lower heating value follows: (w) Duct burner means a device that of fuel as measured at actual peak combusts fuel and that is placed in the load for the facility. The value of Y § 60.334 Monitoring of operations. exhaust duct from another source, such shall not exceed 14.4 kilojoules per (a) Except as provided in paragraph as a stationary gas turbine, internal watt hour, and (b) of this section, the owner or operator combustion engine, kiln, etc., to allow F = NOX emission allowance for fuel- of any stationary gas turbine subject to the firing of additional fuel to heat the bound nitrogen as defined in the provisions of this subpart and using exhaust gases before the exhaust gases paragraph (a)(4) of this section. water or steam injection to control NOX enter a heat recovery steam generating (3) The use of F in § 60.332(a)(1) and emissions shall install, certify and unit. (2) is optional. That is, the owner or operate a continuous monitoring system (x) Lean premix stationary operator may choose to apply a NO to monitor and record the fuel combustion turbine means any X allowance for fuel-bound nitrogen and consumption and the ratio of water or stationary combustion turbine where the determine the appropriate F-value in steam to fuel being fired in the turbine. air and fuel are thoroughly mixed to accordance with § 60.332(a)(4) or may (b) The owner or operator of any form a lean mixture before delivery to accept an F-value of zero. stationary gas turbine that commenced the combustor. (4) If the owner or operator elects to construction, reconstruction or (y) Diffusion flame stationary apply a NOX emission allowance for modification after October 3, 1977, but combustion turbine means any fuel-bound nitrogen, F shall be defined before May 29, 2003, and which uses stationary combustion turbine where according to the nitrogen content of the water or steam injection to control NOX fuel and air are injected at the fuel during the most recent performance emissions may, as an alternative to combustor and are mixed only by test required under § 60.8 as follows: operating the continuous monitoring diffusion prior to ignition. system described in paragraph (a) of this (z) Unit operating day means a 24- Fuel-bound nitrogen F (NOX percent by section, install, certify, maintain, hour period between 12 midnight and (percent by weight) volume) operate, and quality-assure a continuous the following midnight during which emission monitoring system (CEMS) any fuel is combusted at any time in the N≤0.015 ...... 0 consisting of NOX and O2 monitors. If unit. It is not necessary for fuel to be 0.015
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(ii) On a ppm at 15 percent O2 basis. section. Also, if the owner or operator the NOX emission controls. The plan (2) As specified in § 60.13(e)(2), has previously submitted and received shall include the parameter(s) during each full unit operating hour, EPA approval of a petition for an monitored and the acceptable range(s) of each monitor must complete a alternative procedure of continuously the parameter(s) as well as the basis for minimum of one cycle of operation monitoring compliance with the designating the parameter(s) and (sampling, analyzing, and data applicable NOX emission limit under acceptable range(s). recording) for each 15-minute quadrant § 60.332, that approved procedure may (h) The owner or operator of any of the hour, to validate the hour. For continue to be used, even if it deviates stationary gas turbine subject to the partial unit operating hours, at least one from paragraph (a) of this section. provisions of this subpart: valid data point must be obtained for (d) The owner or operator of any new (1) Shall monitor the total sulfur each quadrant of the hour in which the turbine constructed after May 29, 2003, content of the fuel being fired in the unit operates. For unit operating hours and which uses water or steam injection turbine, except as provided in paragraph in which required quality assurance and to control NOX emissions may elect to (h)(3) of this section. The sulfur content maintenance activities are performed on use either the requirements in paragraph of the fuel must be determined using the CEMS, a minimum of two valid data (a) of this section for continuous water total sulfur methods described in points (one in each of two quadrants) or steam to fuel ratio monitoring or may § 60.335(b)(10). Alternatively, if the total are required to validate the hour. use a NOX CEMS installed, certified, sulfur content of the gaseous fuel during (3) For purposes of identifying excess operated, maintained, and quality- the most recent performance test was emissions, CEMS data must be reduced assured as described in paragraph (b) of less than 0.4 weight percent (4000 to hourly averages as specified in this section. ppmw), ASTM D4084–82, 94, D5504– § 60.13(h). (e) The owner or operator of any new 01, D6228–98, or Gas Processors (i) For each unit operating hour in turbine that commences construction Association Standard 2377–86 (all of which a valid hourly average, as after May 29, 2003, and which does not which are incorporated by reference-see described in paragraph (b)(2) of this use water or steam injection to control § 60.17), which measure the major section, is obtained for both NOX and NOX emissions may elect to use a NOX sulfur compounds may be used; and O2, the data acquisition and handling CEMS installed, certified, operated, (2) Shall monitor the nitrogen content system must calculate and record the maintained, and quality-assured as of the fuel combusted in the turbine, if hourly NOX emissions in the units of described in paragraph (b) of this the owner or operator claims an the applicable NOX emission standard section. An acceptable alternative to allowance for fuel bound nitrogen (i.e., under § 60.332(a), i.e., percent NOX by installing a CEMS is described in if an F-value greater than zero is being volume, dry basis, corrected to 15 paragraph (f) of this section. or will be used by the owner or operator percent O2 and International (f) The owner or operator of a new to calculate STD in § 60.332). The Organization for Standardization (ISO) turbine who elects not to install a CEMS nitrogen content of the fuel shall be standard conditions (if required as given under paragraph (e) of this section, may determined using methods described in in § 60.335(b)(1)). instead perform continuous parameter § 60.335(b)(9) or an approved (ii) A worst case ISO correction factor monitoring as follows: alternative. may be calculated and applied using (1) For a diffusion flame turbine (3) Notwithstanding the provisions of historical ambient data. For the purpose without add-on selective catalytic paragraph (h)(1) of this section, the of this calculation, substitute the reduction controls (SCR), the owner or owner or operator may elect not to maximum humidity of ambient air (Ho), operator shall define at least four monitor the total sulfur content of the minimum ambient temperature (Ta), and parameters indicative of the unit’s NOX gaseous fuel combusted in the turbine, minimum combustor inlet absolute formation characteristics and shall if the gaseous fuel is demonstrated to pressure (Po) into the ISO correction monitor these parameters continuously. meet the definition of natural gas in equation. (2) For any lean premix stationary § 60.331(v), regardless of whether an (iii) The missing data substitution combustion turbine, the owner or existing custom schedule approved by methodology provided for at 40 CFR operator shall continuously monitor the the administrator for subpart GG Part 75, subpart D may not be used for appropriate parameters to determine requires such monitoring. The owner or purposes of identifying excess whether the unit is operating in the lean operator shall use one of the following emissions. Instead periods of missing premixed (low-NOX) combustion mode. sources of information to make the CEMS data are to be reported as monitor The parameters described in required demonstration: downtime in the excess emissions and § 75.19(c)(1)(iv)(H)(2) of this chapter are (i) The gas quality characteristics in a monitoring performance report required acceptable for this purpose. current, valid purchase contract, tariff in § 60.7(c). (3) For any turbine that uses SCR to sheet or transportation contract for the (4) Data from the CEMS shall be reduce NOX emissions, the owner or gaseous fuel, specifying that the quality-assured, either in accordance operator shall continuously monitor maximum total sulfur content of the fuel with § 60.13, or in accordance with appropriate parameters to verify the is 20.0 grains/100 scf or less; or appendix B to part 75 of this chapter (or, proper operation of the emission (ii) Representative fuel sampling data if applicable, § 75.74(c)(2) and (3) of this controls. which show that the sulfur content of chapter). (g) The steam or water to fuel ratio or the gaseous fuel does not exceed 20 (c) For any new turbine that other parameters that are continuously grains/100 scf. At a minimum, the commenced construction, monitored as described in paragraphs amount of fuel sampling data specified reconstruction or modification after (a), (d) or (f) of this section shall be in section 2.3.1.4 or 2.3.2.4 of appendix October 3, 1977, but before May 29, monitored during the performance test D to part 75 of this chapter is required. 2003, and which does not use steam or required under § 60.8, to establish (4) For any new turbine that water injection to control NOX acceptable values and ranges. The commenced construction, emissions, the owner or operator may, owner or operator shall develop and reconstruction or modification after for purposes of determining excess keep on-site a parameter monitoring October 3, 1977, but before May 29, emissions, use a CEMS that meets the plan which explains the procedures 2003, and for which a custom fuel requirements of paragraph (b) of this used to document proper operation of monitoring schedule has previously
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been approved, the owner or operator (4000 ppmw), subsequent sulfur content hourly samples exceeds 20 grains/100 may, without submitting a special monitoring may be performed at 12 scf, but none of the sulfur content petition to the Administrator, continue month intervals. If any of the samples values (when converted to weight monitoring on this schedule. taken at 12-month intervals has a total percent sulfur) exceeds 0.4 weight (i) The frequency of determining the sulfur content between 0.4 and 0.8 percent (4000 ppmw), then the sulfur and nitrogen content of the fuel weight percent (4000 and 8000 ppmw), minimum required sampling frequency shall be as follows: follow the procedures in paragraph shall be one sample at 12 month (1) Fuel oil. For fuel oil, use one of the (i)(3)(i)(C) of this section. If any intervals. total sulfur sampling options and the measurement exceeds 0.8 weight (C) If any sample result exceeds 0.4 associated sampling frequency percent (8000 ppmw), follow the weight percent sulfur (4000 ppmw), but described in sections 2.2.3, 2.2.4.1, procedures in paragraph (i)(3)(i)(D) of none exceeds 0.8 weight percent sulfur 2.2.4.2, and 2.2.4.3 of appendix D to this section. (8000 ppmw), follow the provisions of part 75 of this chapter (i.e., flow (C) If at least one of the 30 daily paragraph (i)(3)(i)(C) of this section. proportional sampling, daily sampling, measurements of the fuel’s total sulfur (D) If the sulfur content of any of the sampling from the unit’s storage tank content is between 0.4 and 0.8 weight 720 hourly samples exceeds 0.8 weight after each addition of fuel to the tank, percent (4000 and 8000 ppmw), but percent (8000 ppmw), follow the or sampling each delivery prior to none exceeds 0.8 weight percent (8000 provisions of paragraph (i)(3)(i)(D) of combining it with fuel oil already in the ppmw), then: this section. intended storage tank). If an emission (1) Collect and analyze a sample every (j) For each affected unit required to allowance is being claimed for fuel- 30 days for three months. If any sulfur continuously monitor parameters or bound nitrogen, the nitrogen content of content measurement exceeds 0.8 emissions, or to periodically determine the oil shall be determined and recorded weight percent (8000 ppmw), follow the the fuel sulfur content or fuel nitrogen once per unit operating day. procedures in paragraph (i)(3)(i)(D) of content under this subpart, the owner or (2) Gaseous fuel. Any applicable this section. Otherwise, follow the operator shall submit reports of excess nitrogen content value of the gaseous procedures in paragraph (i)(3)(i)(C)(2) of emissions (or deviations, as applicable) fuel shall be determined and recorded this section. and monitor downtime, in accordance once per unit operating day. For owners (2) Begin monitoring at 6-month with § 60.7(c). For the purpose of and operators that elect not to intervals for 12 months. If any sulfur reports required under § 60.7(c), periods demonstrate sulfur content using content measurement exceeds 0.8 of excess emissions (or deviations) and options in paragraph (h)(3) of this weight percent (8000 ppmw), follow the monitor downtime that shall be reported section, and for which the fuel is procedures in paragraph (i)(3)(i)(D) of are defined as follows: supplied without intermediate bulk this section. Otherwise, follow the (1) Nitrogen oxides. storage, the sulfur content value of the procedures in paragraph (i)(3)(i)(C)(3) of (i) For turbines using water or steam gaseous fuel shall be determined and this section. to fuel ratio monitoring: recorded once per unit operating day. (3) Begin monitoring at 12-month (A) A deviation shall be any unit (3) Custom schedules. intervals. If any sulfur content operating hour for which the average Notwithstanding the requirements of measurement exceeds 0.8 weight steam or water to fuel ratio, as measured paragraph (i)(2) of this section, operators percent (8000 ppmw), follow the by the continuous monitoring system, or fuel vendors may develop custom procedures in paragraph (i)(3)(i)(D) of falls below the acceptable steam or schedules for determination of the total this section. Otherwise, continue to water to fuel ratio needed to sulfur content of gaseous fuels, based on monitor at this frequency. demonstrate compliance with § 60.332, the design and operation of the affected (D) If a sulfur content measurement as established during the performance facility and the characteristics of the exceeds 0.8 weight percent (8000 test required in § 60.8. Any unit fuel supply. Except as provided in ppmw), immediately begin daily operating hour in which no water or paragraphs (i)(3)(i) and (i)(3)(ii) of this monitoring according to paragraph steam is injected into the turbine shall section, custom schedules shall be (i)(3)(i)(A) of this section. Daily also be considered a deviation. substantiated with data and shall be monitoring shall continue until 30 (B) A period of monitor downtime approved by the Administrator before consecutive daily samples, each having shall be any unit operating hour in they can be used to comply with the a sulfur content no greater than 0.8 which water or steam is injected into standard in § 60.333. weight percent (8000 ppmw), are the turbine, but the essential parametric (i) The two custom sulfur monitoring obtained. At that point, the applicable data needed to determine the steam or schedules set forth in subparagraphs (A) procedures of paragraph (i)(3)(i)(B) or water to fuel ratio are unavailable or through (D) of this paragraph, (i)(3)(i), (C) of this section shall be followed. invalid. and in paragraph (i)(3)(ii) of this section (ii) The owner or operator may use the (C) Each report shall include the are acceptable, without prior data collected from the 720-hour sulfur average steam or water to fuel ratio, Administrative approval: sampling demonstration described in average fuel consumption, ambient (A) The owner or operator shall obtain section 2.3.6 of appendix D to part 75 conditions (temperature, pressure, and daily total sulfur content measurements of this chapter to determine a custom humidity), gas turbine load, and (if for 30 consecutive unit operating days, sulfur sampling schedule, as follows: applicable) the nitrogen content of the using the applicable methods specified (A) If the maximum fuel sulfur fuel during each deviation. in this subpart. Based on the results of content obtained from the 720 hourly (ii) If the owner or operator elects to the 30 daily samples, the required samples does not exceed 20 grains/100 take an emission allowance for fuel frequency for subsequent monitoring of scf (i.e., the maximum total sulfur bound nitrogen, then deviations and the fuel’s total sulfur content shall be as content of natural gas as defined in periods of monitor downtime are as specified in paragraph (i)(3)(i)(B), (C), or § 60.331(v)), no additional monitoring of described in paragraphs (j)(1)(ii)(A) and (D) of this section, as applicable. the sulfur content of the gas is required, (B) of this section. (B) If none of the 30 daily for the purposes of this subpart. (A) A deviation shall be the period of measurements of the fuel’s total sulfur (B) If the maximum fuel sulfur time during which the fuel-bound content exceeds 0.4 weight percent content obtained from any of the 720 nitrogen (N) is greater than the value
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measured during the performance test sulfur content of the fuel under D6522–00 (incorporated by reference, required in § 60.8 and used to determine paragraph (h) of this section: see § 60.17) or EPA Methods 7E and 3A the allowance. The deviation begins on (i) For samples of gaseous fuel and for (or 3) are used, the owner or operator the date and hour of the sample which oil samples obtained using daily shall perform a stratification test for shows that N is greater than the sampling, flow proportional sampling, NOX and diluent pursuant to the performance test value, and ends with or sampling from the unit’s storage tank, procedures specified in section the date and hour of a subsequent an excess emission period shall begin 6.5.6.1(a) through (e) appendix A to part sample which shows a fuel nitrogen on the date and hour of any sample for 75 of this chapter. Once the content less than or equal to the which the sulfur content of the fuel stratification sampling is completed, the performance test value. being fired in the gas turbine exceeds owner or operator shall analyze the data (B) A period of monitor downtime 0.8 weight percent. The excess emission using the procedures in section begins when a required sample is not period ends on the date and hour that 6.5.6.3(a) and (c) to determine if taken by its due date. A period of a subsequent sample is taken that subsequent RATA testing will occur monitor downtime also begins on the demonstrates compliance with the along a short (0.4, 1.2 and 2.0 meters date and hour that a required sample is sulfur limit. from the stack or duct wall) or long taken, if invalid results are obtained. (ii) If the option to sample each (16.7, 50.0, and 83.3 percent of the way The period of monitor downtime ends delivery of fuel oil has been selected, across the stack or duct) reference on the date and hour of the next valid the owner or operator shall immediately measurement line. The short or long sample. switch to one of the other oil sampling reference method measurement line, as (iii) For turbines using NOX and O2 options (i.e., daily sampling, flow determined above, will serve in lieu of CEMS: proportional sampling, or sampling the sampling points usually required by (A) An hour of excess emissions shall from the unit’s storage tank) if the sulfur EPA Method 20. In no case shall the be any unit operating hour in which the content of a delivery exceeds 0.8 weight RATA be based on fewer than three 4-hour rolling average NOX percent. The owner or operator shall sample points as specified in section concentration exceeds the applicable continue to use one of the other 8.1.3.2 of PS 2 in appendix B to this emission limit in § 60.332(a)(1) or (2). sampling options until all of the oil part. Other acceptable alternative For the purposes of this subpart, a ‘‘4- from the delivery has been combusted, reference methods and procedures are hour rolling average NOX and shall evaluate excess emissions given in paragraph (c) of this section. concentration’’ is the arithmetic average according to paragraph (j)(2)(i) of this (b) The owner or operator shall of the quality-assured average NOX section. When all of the fuel from the determine compliance with the concentration measured by the CEMS delivery has been burned, the owner or applicable nitrogen oxides emission for a given hour (corrected to 15 percent operator may resume using the as- limitation in § 60.332 and shall meet the O2 and, if required under § 60.335(b)(1), delivered sampling option. performance test requirements of § 60.8 to ISO standard conditions) and the (iii) A period of monitor downtime as follows: three quality-assured unit operating begins when a required sample is not (1) For each run of the performance hour average NOX concentrations taken by its due date. A period of test, the nitrogen oxides emission immediately preceding that unit monitor downtime also begins on the concentration (NOXO) obtained using operating hour. date and hour of a required sample, if EPA Method 20, ASTM D6522–00 (B) A period of monitor downtime invalid results are obtained. The period (incorporated by reference, see § 60.17), shall be any unit operating hour in of monitor downtime ends on the date or EPA Method 7E shall be corrected to which sufficient data are not obtained to and hour of the next valid sample. ISO standard conditions using the validate the hour, for either NOX * * * * * following equation. Notwithstanding concentration or percent O2 (or both). (5) All reports required under § 60.7 this requirement, use of the correction (C) Each report shall include the (c) shall be postmarked by the 30th day equation is optional for: lean premix ambient conditions (temperature, following the end of each calendar stationary combustion turbines; units pressure, and humidity) at the time of quarter. used in association with heat recovery steam generators (HRSG) equipped with the excess emission period and (if the ■ 7. Section 60.335 is amended by: duct burners; and units equipped with owner or operator has claimed an ■ a. Removing paragraphs (a), (d) and (e); emission allowance for fuel bound ■ add-on emission control devices: b. Redesignating paragraphs (b) and (c) 0.5 19(Ho¥0.00633) nitrogen) the nitrogen content of the fuel as paragraphs (a) and (b), respectively; NOX = (NOXO) (Pr/Po) e ° 1.53 during the period of excess emissions. ■ c. Revising the new paragraphs (a) and (288 K/Ta) (iv) For turbines required under (b); where: paragraph (f) of this section to monitor ■ d. Redesignating paragraph (f) as para- NOX = emission concentration of NOX at combustion parameters or parameters graph (c); and 15 percent O2 and ISO standard that document proper operation of the ■ e. Revising the new paragraph (c)(1). ambient conditions, ppm by volume, NOX emission controls: The revisions and additions read as dry basis, (A) A deviation shall be a 4-hour follows: NOXO = observed NOX concentration, rolling unit operating hour average in ppm by volume, dry basis, at 15 § 60.335 Test methods and procedures. which any monitored parameter does percent O2, corrected using either not achieve the target value or is outside (a) The owner or operator shall EPA Method 20 or Method 3 or 3A the acceptable range defined in the conduct the performance tests required data, parameter monitoring plan for the unit. in § 60.8, using either EPA Method 20, Pr = reference combustor inlet absolute (B) A period of monitor downtime ASTM D6522–00 (incorporated by pressure at 101.3 kilopascals ambient shall be a unit operating hour in which reference, see § 60.17), or EPA Method pressure, mm Hg, any of the required parametric data are 7E and either EPA Method 3 or 3A in Po = observed combustor inlet absolute either not recorded or are invalid. appendix A to this part, to determine pressure at test, mm Hg, (2) Sulfur dioxide. If the owner or NOX and diluent concentration, except Ho = observed humidity of ambient air, operator is required to monitor the as provided in § 60.8(b). If ASTM g H2O/g air,
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e = transcendental constant, 2.718, and These data shall be used to determine (ii) For gaseous fuels, shall use Ta = ambient temperature, °K. the maximum fuel nitrogen content for analytical methods and procedures that (2) The 3-run performance test which the established water (or steam) are accurate to within 5 percent of the required by § 60.8 must be performed to fuel ratio will be valid. instrument range and are approved by within ±5 percent at 30, 50, 75, and 90- (6) If the owner or operator elects to the Administrator. to-100 percent of peak load or at four install a CEMS, the performance (10) If the owner or operator is evenly-spaced load points in the normal evaluation of the CEMS may either be required under § 60.334(i)(1) or (3) to operating range of the gas turbine, conducted separately (as described in periodically determine the sulfur including the minimum point in the paragraph (b)(7) of this section) or as content of the fuel combusted in the operating range and 90-to-100 percent of part of the initial performance test of the turbine, a minimum of three fuel peak load. If the turbine combusts both affected unit. samples shall be collected during the (7) If the owner or operator elects to oil and gas as primary or backup fuels, performance test. Analyze the samples install and certify a NO CEMS under separate performance testing is required X for the total sulfur content of the fuel § 60.334(e), then the initial performance for each fuel. Notwithstanding these using: test required under § 60.8 may be done requirements, performance testing is not (i) For liquid fuels, ASTM D129–00, in the following alternative manner: required for any emergency fuel (as (i) Perform a minimum of 9 reference D2622–98, D4294–02, D1266–98, defined in § 60.331). method runs, with a minimum time per D5453–00 or D1552–01 (all of which are (3) For a combined cycle turbine run of 21 minutes, at a single load level, incorporated by reference, see § 60.17); system with supplemental heat (duct between 90 and 100 percent of peak or burner), the owner or operator may elect load. (ii) For gaseous fuels, ASTM D1072– to measure the turbine NOX emissions (ii) Use the test data both to 80, 90 (Reapproved 1994); D3246–81, after the duct burner rather than directly demonstrate compliance with the 92, 96; D4468–85 (Reapproved 2000); or after the turbine. If the owner or applicable NOX emission limit under D6667–01 (all of which are incorporated operator elects to use this alternative § 60.332 and to provide the required by reference, see § 60.17). The sampling location, the applicable NOX reference method data for the RATA of applicable ranges of some ASTM emission limit in § 60.332 for the the CEMS described under § 60.334(b). methods mentioned above are not combustion turbine must still be met. (iii) The requirement to test at three adequate to measure the levels of sulfur (4) If water or steam injection is used additional load levels is waived. in some fuel gases. Dilution of samples to control NOX with no additional post- (8) If the owner or operator is required before analysis (with verification of the combustion NOX control and the owner under § 60.334(f) to monitor combustion dilution ratio) may be used, subject to or operator chooses to monitor the parameters or parameters indicative of the prior approval of the Administrator. steam or water to fuel ratio in proper operation of NOX emission (11) The fuel analyses required under accordance with § 60.334(a), then that controls, the appropriate parameters paragraphs (b)(9) and (b)(10) of this monitoring system must be operated shall be continuously monitored and section may be performed by the owner concurrently with each EPA Method 20, recorded during each run of the initial or operator, a service contractor retained ASTM D6522–00 (incorporated by performance test, to establish acceptable by the owner or operator, the fuel reference, see § 60.17), or EPA Method operating ranges, for purposes of the vendor, or any other qualified agency. 7E run and shall be used to determine parameter monitoring plan for the (c) * * * the fuel consumption and the steam or affected unit, as specified in § 60.334(g). (1) Instead of using the equation in water to fuel ratio necessary to comply (9) To determine the fuel bound paragraph (b)(1) of this section, with the applicable § 60.332 NOX nitrogen content of fuel being fired (if an manufacturers may develop ambient emission limit. emission allowance is claimed for fuel condition correction factors to adjust the (5) If the owner operator elects to bound nitrogen), the owner or operator nitrogen oxides emission level claim an emission allowance for fuel may use equipment and procedures measured by the performance test as bound nitrogen as described in § 60.332, meeting the requirements of: provided in § 60.8 to ISO standard day then concurrently with each reference (i) For liquid fuels, ASTM D2597–94 conditions. method run, a representative sample of (Reapproved 1999), D6366–99, D4629– (2) [Reserved] the fuel used shall be collected and 02, D5762–02 (all of which are analyzed, following the applicable incorporated by reference, see § 60.17); [FR Doc. 03–8150 Filed 4–11–03; 8:45 am] procedures described in § 60.335 (b)(9). or BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION received adverse comments and they Air and Radiation Docket and AGENCY will not take effect. We will publish a Information Center (6102T), Attention timely withdrawal in the Federal Docket ID No. OAR–2002–0053, Room 40 CFR Part 60 Register indicating which provisions B–108, U.S. EPA, 1301 Constitution [OAR–2002–0053, FRL–7476–6] will become effective and which Avenue, NW., Washington, DC 20460. provisions are being withdrawn. If part We request a separate copy of each RIN 2060–AK35 or all of the direct final rule public comment be sent to the contact amendments in the rules and person listed below (see FOR FURTHER Standards of Performance for regulations section of this Federal INFORMATION CONTACT). Stationary Gas Turbines Register are withdrawn, all comments Public Hearing. If a public hearing is AGENCY: Environmental Protection pertaining to those provisions will be held, it will be held at the New EPA Agency (EPA). addressed in a subsequent final action Facility Complex in Research Triangle ACTION: Proposed rule; amendments. based on the proposed amendments. We Park, North Carolina beginning at 10 will not institute a second comment a.m. SUMMARY: This action proposes period on the subsequent final action. amendments to several sections of the Docket. Docket ID No. OAR–2002– Any parties interested in commenting 0053 contains supporting information standards of performance for stationary must do so at this time. gas turbines in 40 CFR part 60, subpart used in developing the proposed DATES: Comments. Submit comments on GG. The proposed amendments would amendments. The docket is located at or before May 14, 2003, or 30 days after codify several alternative testing and the U.S. EPA, 1301 Constitution the date of a public hearing, if one is monitoring procedures that have Avenue, NW., Washington, DC 20460, held. routinely been approved by EPA. The Room B–108, and may be inspected proposed amendments would also Public Hearing. If anyone contacts the from 8:30 a.m. to 4:30 p.m., Monday EPA requesting to speak at a public through Friday, excluding legal reflect changes in nitrogen oxides (NOX) emission control technologies and hearing by April 24, 2003. A public holidays. hearing will be held on May 14, 2003. turbine design since the standards were FOR FURTHER INFORMATION CONTACT: Mr. originally promulgated. Incorporation by Reference. The incorporation by reference of certain Jaime Paga´n, Combustion Group, In the rules and regulations section of Emission Standards Division (C439–01), this Federal Register, we are taking publications in the proposed rule amendments will be approved by the U.S. EPA, Research Triangle Park, North direct final action on the proposed Carolina 27711; telephone number (919) amendments because we view this Director of the Office of the Federal Register as of April 14, 2003. 541–5340; facsimile number (919) 541– action as noncontroversial, and we 5450; electronic mail address ADDRESSES: anticipate no adverse comments. We Comments. By U.S. Postal [email protected]. have explained our reasons for the Service, send comments (in duplicate, if amendments in the preamble to the possible) to: Air and Radiation Docket SUPPLEMENTARY INFORMATION: Regulated direct final rule. and Information Center (6102T), Entities. Entities potentially regulated If we receive no adverse comments, Attention Docket ID No. OAR–2002– by this action are those that own and we will take no further action on the 0053, U.S. EPA, 1200 Pennsylvania operate stationary gas turbines, and are proposed amendments. If we receive Avenue, NW., Washington, DC 20460. the same as the existing rule in 40 CFR adverse comments, we will withdraw In person or by courier, deliver part 60, subpart GG. Regulated only those provisions on which we comments (in duplicate, if possible) to: categories and entities include:
Category NAICS SIC Examples of regulated entities
Any industry using a stationary combustion turbine as 2211 4911 Electric services. defined in the direct final rule. 486210 4922 Natural gas transmission. 211111 1311 Crude petroleum and natural gas. 211112 1321 Natural gas liquids. 221 4931 Electric and other services, combined.
This table is not intended to be Constitution Avenue, NW., Room B– documents in the public docket that are exhaustive, but rather provides a guide 108, Washington, DC 20460. The EPA available electronically. Once in the for readers regarding entities likely to be Docket Center Public Reading Room is system, select ‘‘search,’’ then key in the regulated by this action. To determine open from 8:30 a.m. to 4:30 p.m., appropriate docket identification whether your facility is regulated by this Monday through Friday, excluding legal number. action, you should examine the holidays. The telephone number for the Certain types of information will not applicability criteria in § 60.330 of the Reading Room is (202) 566–1744. The be placed in the EPA dockets. final rule. If you have questions telephone number for the Air Docket is Information claimed as confidential regarding the applicability of this action (202) 566–1742. business information (CBI) and other to a particular entity, consult the contact Electronic Access. An electronic information whose disclosure is person listed in the preceding FOR version of the public docket is available restricted by statute, which is not FURTHER INFORMATION CONTACT section. through EPA’s electronic public docket included in the official public docket, Docket. The EPA has established an and comment system, EPA Dockets. You will not be available for public viewing official public docket for this action may use EPA Dockets at http:// in EPA’s electronic public docket. The under Docket ID No. OAR–2002–0053. www.epa.gov/edocket/ to submit or EPA’s policy is that copyrighted The official public docket is the review public comments, access the material will not be placed in EPA’s collection of materials that is available index of the contents of the official electronic public docket but will be for public viewing at the U.S. EPA, 1301 public docket, and to access those available only in printed paper form in
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the official public docket. Although not any identifying or contact information By Facsimile. Fax your comments to: all docket materials may be available provided in the body of a comment will (202) 566–1741, Attention Docket ID No. electronically, you may still access any be included as part of the comment that OAR–2002–0053. of the publicly available docket is placed in the official public docket CBI. Do not submit information that materials through the docket facility and made available in EPA’s electronic you consider to be CBI through EPA’s identified in this document. public docket. If EPA cannot read your electronic public docket or by e-mail. For public commenters, it is comment due to technical difficulties Send or deliver information identified important to note that EPA’s policy is and cannot contact you for clarification, as CBI only to the following address: that public comments, whether EPA may not be able to consider your OAQPS Document Control Officer submitted electronically or in paper, comment. (C404–02), Attention: Mr. Jaime Pagan, will be made available for public Your use of EPA’s electronic public U.S. EPA, 109 TW Alexander Drive, viewing in EPA’s electronic public docket to submit comments to EPA Research Triangle Park, NC 27711, docket as EPA receives them and electronically is EPA’s preferred method Attention Docket ID No. OAR–2002– without change, unless the comment for receiving comments. Go directly to 0053. You may claim information that contains copyrighted material, CBI, or EPA Dockets at http://www.epa.gov/ you submit to EPA as CBI by marking other information whose disclosure is any part or all of that information as CBI edocket and follow the online restricted by statute. When EPA (if you submit CBI on disk or CD ROM, instructions for submitting comments. identifies a comment containing mark the outside of the disk or CD ROM Once in the system, select ‘‘search’’ and copyrighted material, EPA will provide as CBI and then identify electronically then key in Docket ID No. OAR–2002– a reference to that material in the within the disk or CD ROM the specific 0053. The system is an ‘‘anonymous version of the comment that is placed in information that is CBI). Information so access’’ system, which means EPA will EPA’s electronic public docket. The marked will not be disclosed except in not know your identity, e-mail address, entire printed comment, including the accordance with procedures set forth in or other contact information unless you copyrighted material, will be available 40 CFR part 2. provide it in the body of your comment. in the public docket. Public Hearing. Persons interested in Public comments submitted on Comments may be sent by electronic presenting oral testimony or inquiring computer disks that are mailed or mail (e-mail) to air-and-r- as to whether a hearing is to be held delivered to the docket will be [email protected], Attention Docket ID should contact Ms. Kelly Hayes, transferred to EPA’s electronic public No. OAR–2002–0053. In contrast to Combustion Group, Emission Standards docket. Public comments that are EPA’s electronic public docket, EPA’s e- Division (C439–01), Research Triangle mailed or delivered to the docket will be mail system is not an ‘‘anonymous Park, NC 27711, telephone number (919) scanned and placed in EPA’s electronic access’’ system. If you send an e-mail 541–5578, at least two days in advance public docket. Where practical, physical comment directly to the Docket without of the potential date of the public objects will be photographed, and the going through EPA’s electronic public hearing. Persons interested in attending photograph will be placed in EPA’s docket, EPA’s e-mail system the public hearing must also call Ms. electronic public docket along with a automatically captures your e-mail Hayes to verify the time, date, and brief description written by the docket address. E-mail addresses that are location of the hearing. The public staff. automatically captured by EPA’s e-mail hearing will provide interested parties You may submit comments system are included as part of the the opportunity to present data, views, electronically, by mail, by facsimile, or comment that is placed in the official or arguments concerning these proposed through hand delivery/courier. To public docket and made available in emission standards. ensure proper receipt by EPA, identify EPA’s electronic public docket. Worldwide Web (WWW). In addition the appropriate docket identification You may submit comments on a disk to being available in the docket, an number in the subject line on the first or CD ROM that you mail to the mailing electronic copy of today’s proposal will page of your comment. Please ensure address identified in this document. also be available on the WWW through that your comments are submitted These electronic submissions will be the Technology Transfer Network within the specified comment period. accepted in WordPerfect or ASCII file (TTN). Following signature, a copy of Comments submitted after the close of format. Avoid the use of special this action will be posted on the TTN’s the comment period will be marked characters and any form of encryption. policy and guidance page for newly ‘‘late.’’ The EPA is not required to proposed rules at http://www.epa.gov/ consider these late comments. By Mail. Send your comments (in ttn/oarpg. The TTN provides Electronically. If you submit an duplicate, if possible) to: EPA Docket information and technology exchange in electronic comment as prescribed Center (6102T), Attention Docket ID No. various areas of air pollution control. If below, EPA recommends that you OAR–2002–0053, U.S. EPA, 1200 more information regarding the TTN is include your name, mailing address, Pennsylvania Avenue, NW., needed, call the TTN HELP line at (919) and an e-mail address or other contact Washington, DC 20460. 541–5384. information in the body of your By Hand Delivery or Courier. Deliver Direct Final Rule. A direct final rule comment. Also include this contact your comments (in duplicate, if to this proposal is published in the rules information on the outside of any disk possible) to: Air and Radiation Docket, and regulations section of this Federal or CD ROM you submit and in any cover Attention Docket ID No. OAR–2002– Register. If we receive any adverse letter accompanying the disk or CD 0053, U.S. EPA, 1301 Constitution comment pertaining to one or more ROM. This ensures that you can be Avenue, NW., Room B–108, distinct amendments in the proposal, identified as the submitter of the Washington, DC 20460. Such deliveries we will publish a timely notice in the comment and allows EPA to contact you are only accepted during the Docket Federal Register informing the public in case EPA cannot read your comment Center’s normal hours of operation as which amendments will become due to technical difficulties or needs identified in this document. We request effective and which amendments are further information on the substance of that a separate copy also be sent to the being withdrawn due to adverse your comment. The EPA’s policy is that contact person listed under FOR FURTHER comment. We will address all public EPA will not edit your comment, and INFORMATION CONTACT. comments concerning any withdrawn
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amendments in a subsequent final rule. Regulatory Enforcement Fairness Act of in a separate part of this Federal If no adverse comments are received, no 1996 (SBREFA), 5 U.S.C. 601 et seq., Register. These cost savings will be further action will be taken on the generally requires an agency to prepare experienced by turbines owned and proposal and the direct final rule will a regulatory flexibility analysis of any operated by small entities as well as become effective as provided in that rule subject to notice and comment large ones. Using the existing action. rulemaking requirements under the combustion turbines inventory as a The regulatory text for the proposal is Administrative Procedure Act or any measure of which industries may install identical to that for the direct final rule other statute, unless the agency certifies new turbines in the future, presuming published in the rules and regulations that the rule will not have a significant the existing mix of combustion turbines section of this Federal Register. For economic impact on a substantial currently is a good approximation of the further supplemental information, the number of small entities. Small entities mix of turbines that will be installed detailed rationale for the proposal, and include small businesses, small the regulatory revisions, see the organizations, and small governmental and affected by the proposed information provided in the direct final jurisdictions. amendments up to 2007, 2.5 percent of rule published in a separate part of this For purposes of assessing the impacts new turbines overall will likely be Federal Register. of the proposed rule amendments on owned and operated by small entities. small entities, small entity is defined as: Of these entities, a majority of these are I. Background (1) A small business whose parent owned and operated by small Under section 111 of the Clean Air company has fewer than 100 or 1,000 communities. Act (CAA), the EPA promulgated employees, or fewer than 4 billion kW- For more information on the results of standards of performance for stationary hr per year of electricity usage, the analysis of small entity impacts, gas turbines (40 CFR part 60, subpart depending on the size definition for the please refer to the economic impact GG). These standards were originally affected North American Industry promulgated on September 10, 1979 (44 analysis in the docket. We continue to Classification System (NAICS) code; (2) be interested in the potential impacts of FR 52798). Since that time, many a small governmental jurisdiction that is the proposed rule amendments on small changes in the design of, the NOX a government of a city, county, town, entities and welcome comments on emission controls used for, and the school district or special district with a issues related to such impacts. composition of the fuels fired in gas population of less than 50,000; and (3) turbines have occurred. Additional test a small organization that is any not-for- For information regarding other methods have also been developed to profit enterprise which is independently administrative requirements for this measure emissions from gas turbines owned and operated and is not action, please see the direct final rule and for sampling the sulfur content of dominant in its field. It should be noted action that is located in the rules and gaseous fuels. As a result of these that small entities in 6 NAICS codes regulations section of this Federal changes, we have had many requests for may be affected by the proposed rule Register publication. case-by-case approvals of alternative amendments, and the small business testing and monitoring procedures for definition applied to each industry by List of Subjects in 40 CFR Part 60 subpart GG. We are proposing these NAICS code is that listed in the Small Environmental protection, amendments to subpart GG to codify the Business Administration (SBA) size alternatives that have been routinely Administrative practice and procedure, standards (13 CFR part 121). Air pollution control, Incorporation by approved. Additionally, we are After considering the economic attempting to harmonize the provisions impacts of today’s proposed rule reference, Intergovernmental relations, of subpart GG with the monitoring amendments on small entities, we Nitrogen dioxide, Reporting and provisions of 40 CFR part 75, since certify that this action will not have a recordkeeping requirements, Sulfur many new gas turbines are subject to significant economic impact on a oxides. both regulations. substantial number of small entities. Dated: March 27, 2003. II. Statutory and Executive Order This certification is based primarily Christine Todd Whitman, Reviews upon the estimated cost savings to Administrator. turbine owners and operators as a result [FR Doc. 03–8151 Filed 4–11–03; 8:45 am] Regulatory Flexibility Act of the proposed revisions to 40 CFR part The Regulatory Flexibility Act (RFA), 60, subpart GG that are presented in the BILLING CODE 6560–50–P as Amended by the Small Business direct final rule amendments published
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Part III
Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks; Final Rule
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ENVIRONMENTAL PROTECTION practice requirements for control of EFFECTIVE DATE: April 14, 2003. AGENCY hazardous air pollutants (HAP) from ADDRESSES: Docket. The official public pushing, quenching, and battery stacks 40 CFR Part 63 at new and existing coke oven batteries. docket is the collection of materials The HAP emitted from pushing, used in developing the final rule and is [Docket ID No. OAR–2002–0085; FRL–7462– available for public viewing at the EPA 3] quenching, and battery stacks include coke oven emissions, as well as Docket Center (EPA/DC), EPA West, RIN 2060–AH55 polycyclic organic matter (POM) and Room B102, 1301 Constitution Ave., volatile organic compounds (VOC) such NW., Washington, DC. National Emission Standards for as benzene and toluene. Exposure to Hazardous Air Pollutants for Coke FOR FURTHER INFORMATION CONTACT: Lula these substances has been demonstrated Ovens: Pushing, Quenching, and Melton, Metals Group (C439–02), to cause chronic and acute health Emission Standards Division, U.S. EPA, Battery Stacks effects. These final standards will Research Triangle Park, NC 27711, AGENCY: implement section 112(d) of the Clean Environmental Protection telephone number (919) 541–2910, Agency (EPA). Air Act (CAA) by requiring all major electronic mail (e-mail) address, ACTION: Final rule. sources to meet HAP emission standards reflecting application of the maximum [email protected]. SUMMARY: This action promulgates achievable control technology (MACT). SUPPLEMENTARY INFORMATION: national emission standards for The EPA previously promulgated hazardous air pollutants (NESHAP) for emission standards addressing Regulated Entities. Categories and coke ovens. The final standards emissions from coke oven charging, entities potentially regulated by this establish emission limitations and work topside leaks, and door leaks. action include:
Category NAICS * Example of regulated entities
Industry ...... 331111, 324199 ...... Coke plants and integrated iron and steel mills. Federal government ...... Not affected. State/local/tribal government ...... Not affected. * North American Industry Classification System.
This table is not intended to be Electronic Docket Access. You may Judicial Review. This action exhaustive, but rather provides a guide access the final rule electronically constitutes final administrative action for readers regarding entities likely to be through the EPA Internet under the on the proposed NESHAP for coke oven regulated by this action. To determine ‘‘Federal Register’’ listings at http:// pushing, quenching, and battery stacks whether your facility is regulated by this www.epa.gov/fedrgstr/. (66 FR 35326, July 3, 2001). Under CAA action, you should examine the An electronic version of the public section 307(b)(1), judicial review of the applicability criteria in § 63.7281 of the docket is available through EPA’s final rule is achievable only by filing a final rule. If you have any questions electronic public docket and comment petition for review in the U.S. Court of regarding the applicability of this action system, EPA Dockets. You may use EPA Appeals for the District of Columbia to a particular entity, consult the person Dockets at http://www.epa.gov/edocket/ Circuit by June 13, 2003. Under CAA listed in the preceding FOR FURTHER to view public comments, access the section 307(b)(2), the requirements that INFORMATION CONTACT section. index listing of the contents of the are the subject of this document may not official public docket, and to access be challenged later in civil or criminal Docket. The EPA has established an those documents in the public docket proceedings brought by EPA to enforce official public docket for this action that are available electronically. these requirements. under Docket ID No. OAR–2002–0085. Although not all docket materials may Outline. The information presented in The official public docket consists of the be available electronically, you may still this preamble is organized as follows: documents specifically referenced in access any of the publicly available this action, any public comments I. Background docket materials through the docket A. What Is the Source of Authority for received, and other information related facility in the above paragraph entitled NESHAP? to this action. Although a part of the ‘‘Docket.’’ Once in the system, select B. What Criteria Are Used in the official docket, the public docket does ‘‘search,’’ then key in the appropriate Development of NESHAP? not include Confidential Business docket identification number. C. How Did We Develop the Final Rule? Information or other information whose Worldwide Web (WWW). In addition II. Summary of the Final Rule disclosure is restricted by statute. The to being available in the docket, an A. What Are the Affected Sources and official public docket is the collection of electronic copy of the final rule will also Emission Points? materials that is available for public B. What Are the Requirements for Pushing? be available on the WWW through the C. What Are the Requirements for Soaking? viewing at the Air Docket in the EPA Technology Transfer Network (TTN). D. What Are the Requirements for Docket Center (EPA/DC), EPA West, Following signature, a copy of the final Quenching? Room B102, 1301 Constitution Ave., rule will be placed on the TTN’s policy E. What Are the Requirements for Battery NW, Washington, DC. The EPA Docket and guidance page for newly proposed Stacks? Center Public Reading Room is open or promulgated rules at http:// F. What Are the Operation and from 8:30 a.m. to 4:30 p.m., Monday www.epa.gov/ttn/oarpg. The TTN Maintenance (O&M) Requirements? through Friday, excluding legal provides information and technology G. What Are the Notification, Recordkeeping, and Reporting holidays. The telephone number for the exchange in various areas of air Requirements? Reading Room is (202) 566–1744, and pollution control. If more information H. What Are the Compliance Deadlines? the telephone number for the Air Docket regarding the TTN is needed, call the III. Summary of Responses to Major is (202) 566–1742. TTN HELP line at (919) 541–5384. Comments
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A. Why Did We Select a Work Practice to reflect the maximum degree of requirements in the final rule take into Standard for Fugitive Pushing reduction in emissions of HAP that is account the levels of control that have Emissions? achievable. This level of control is been demonstrated as achievable, B. What Changes Did We Make to the Work commonly referred to as MACT. including in some cases levels achieved Practice Standard for Fugitive Pushing The MACT floor is the minimum level Emissions? by batteries that are no longer operating. C. What Changes Did We Make to the allowed for NESHAP and is defined We believe it is appropriate to consider Requirements for Pushing Emission under section 112(d)(3) of the CAA. In all of the data collected and relied upon Control Devices (PECD)? essence, the MACT floor ensures that for the proposed rule. These data reflect D. What Changes Did We Make to the the standard is set at a level that assures the level of performance of batteries Requirements for Quenching? that all major sources achieve the level operating concurrently with this E. What Were the Major Comments on the of control at least as stringent as that rulemaking effort, and provide useful Proposed Standard for Battery Stacks? already achieved by the better- and relevant information about the F. What Changes Did We Make to the controlled and lower-emitting sources emission limits that such sources can Requirements for Soaking? in each source category or subcategory. G. What Changes Did We Make to the O&M achieve. For new sources, the MACT floor cannot Requirements? II. Summary of the Final Rule H. Why Did We Change the Compliance be less stringent than the emission Dates for Existing Sources? control that is achieved in practice by A. What Are the Affected Sources and IV. Summary of Environmental, Energy, and the best-controlled similar source. The Emission Points? Economic Impacts MACT standards for existing sources The affected source is each new or A. What Are the Air Emission Reduction cannot be less stringent than the average existing coke oven battery at a plant that Impacts? emission limitation achieved by the B. What Are the Cost Impacts? is a major source of HAP emissions. A best-performing 12 percent of existing new affected source is one constructed C. What Are the Economic Impacts? sources (for which we have emissions D. What Are the Non-Air Health, or reconstructed after July 3, 2001. An Environmental and Energy Impacts? information) in the category or existing affected source is one V. Statutory and Executive Order Reviews subcategory or by the best-performing 5 constructed or reconstructed on or A. Executive Order 12866: Regulatory sources (for which we have or could before July 3, 2001. The final rule covers Planning and Review reasonably obtain emissions fugitive pushing emissions, emissions B. Paperwork Reduction Act information) for categories or from control devices applied to pushing C. Regulatory Flexibility Analysis subcategories with fewer than 30 D. Unfunded Mandates Reform Act emissions, and emissions from sources. quenching, soaking, and battery stacks. E. Executive Order 13132: Federalism In developing MACT, we also F. Executive Order 13175: Consultation consider control options that are more B. What Are the Requirements for and Coordination With Indian Tribal stringent than the floor. We may Pushing? Governments G. Executive Order 13045: Protection of establish standards more stringent than 1. By-Product Coke Oven Batteries With Children From Environmental Health & the floor based on the consideration of Vertical Flues Safety Risks cost of achieving the emissions H. Executive Order 13211: Actions That reductions, non-air quality health and We proposed two options for Significantly Affect Energy Supply, environmental impacts, and energy controlling fugitive pushing emissions— Distribution, or Use impacts. numerical opacity limits (Option 1) and I. National Technology Transfer a work practice standard (Option 2). Advancement Act C. How Did We Develop the Final Rule? Based on comments received on the J. Congressional Review Act We proposed the NESHAP for the proposed rule and further consideration I. Background Coke Ovens: Pushing, Quenching, and of the proposed options, we are Battery Stacks source category on July 3, promulgating a work practice standard. A. What Is the Source of Authority for 2001 (66 FR 35326). We provided a 90- Under the work practice standard, NESHAP? day comment period for the proposed owners or operators must observe and Section 112 of the CAA requires the rule. We received a total of 18 comment record the opacity from four consecutive EPA to establish technology-based letters. A copy of each of these comment pushes each operating day. If the regulations for all categories and letters is available in the docket for this average opacity of the six highest 15- subcategories of major and area sources rulemaking (Docket No. OAR–2002– second consecutive readings for any emitting one or more of the HAP listed 0085). individual push is more than 30 percent in section 112(b). Major sources are The final rule reflects full for a short battery or 35 percent for a tall those that emit or have the potential to consideration of all the comments we battery, the owner or operator must take emit at least 10 tons per year (tpy) of received. Major public comments on the corrective action and/or increase coking any single HAP or 25 tpy of any proposed rule along with our responses time to fix the problem within a combination of HAP. We previously to these comments are summarized in specified time frame. To demonstrate listed the category of major sources this document. A detailed response to the corrective action and/or increased covered by today’s final rule, ‘‘Coke all comments is included in the coking time was successful, the owner Ovens: Pushing, Quenching, and Battery Background Information Document or operator must observe two additional Stacks,’’ on July 16, 1992 (57 FR 31576). (BID) for the promulgated standards daytime pushes for the oven after This action is a rulemaking under (Docket No. OAR–2002–0085). completing the corrective action. If the section 307(d) of the CAA. Since publication of the proposal, six corrective action is not successful, the coke plants with 12 batteries have owner or operator must take additional B. What Criteria Are Used in the permanently closed. The plants have corrective action. If the second attempt Development of NESHAP? closed primarily because of the to fix the problem is not successful, the Section 112 of the CAA requires that distressed economic condition of the failure must be reported as a deviation, we establish NESHAP for the control of iron and steel industry, and none of the and the owner or operator must again HAP from both new and existing major closures are due to the cost of installing take corrective action or increase the sources. The CAA requires the NESHAP emission control systems. The coking time. Each subsequent failure to
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fix the problem on the same oven must plan is retained by the Administrator the oven. Plant owners or operators also be reported as a deviation. We have and is not delegated to the State, local, must demonstrate initial compliance by included provisions to qualify an oven or tribal agency. certifying in their initial notification of for decreased coking time after it is In implementing the plan, owners or compliance status that they will follow placed on increased coking time, which operators must measure and record the the work practice standards. Plant requires a demonstration that the temperature of all flues on two ovens owners or operators must demonstrate opacity is 30 percent or less for a short per day within the 2 hours before the continuous compliance by maintaining battery or 35 percent or less for a tall scheduled push time. If the measured records of each visual inspection. battery when the oven is operated on temperature is below the minimum 4. Emission Control Devices the decreased coking time. If an oven established for an oven’s coking time, fails to qualify for decreased coking the coking time must be increased by We are establishing emission limits time, it must be returned to the the amount specified in the plant’s for particulate matter (PM) as a measure previously established increased coking written plan. If the flue temperature of control device performance. Plant time, or the owner or operator may measurement is below the lowest owners or operators that currently use implement some other corrective action acceptable minimum temperature, the capture and control equipment must or increased coking time. If the facility oven must be removed from service for continue to use such equipment and implements some other corrective repairs. If a flue temperature is below must meet the applicable PM emission action or increased coking time, it must the lowest acceptable minimum after limits. The limits differ in form and confirm that the selected action was return to service, the owner or operator numerical value depending on the type successful. If an individual oven fails to must report the event as a deviation. of capture system used (cokeside shed qualify for a decreased coking time in No performance test is required to or moveable hood) and whether the two or more consecutive attempts, the demonstrate initial compliance with the control device is stationary (land-based) failure on the second and any work practice standards. The plant or mobile. Where a cokeside shed is subsequent attempts must be reported as owner or operator must certify, as part used as the capture system, the PM limit a deviation. of the notification of compliance status, is 0.01 grain per dry standard cubic foot The final rule requires that observers that the plant has submitted the written (gr/dscf). If a moveable hood vented to taking opacity readings to comply with plan to prevent incomplete coking and a stationary control device is used to the work practice standard for pushing the supporting study to the capture emissions, the PM emission must be certified according to Method 9 Administrator for review and approval, limit is 0.02 pound per ton (lb/ton) of in 40 CFR part 60, appendix A. Opacity and that the plant will meet each of the coke pushed. For mobile scrubber cars observations begin with the first requirements in the work practice that do not capture emissions during detectable movement of the coke mass. standard beginning no later than the travel, the emission limits are 0.03 lb/ The plant owner or operator must first day that compliance is required ton of coke for short batteries and 0.01 identify each oven that cannot be read according to § 63.7283 of the final rule. lb/ton of coke for tall batteries. For using Method 9 due to obstructions, If the plan is disapproved, the owner or mobile scrubber cars that capture interferences, or sun angle and must operator must revise the plan as emissions during travel, the limit is 0.04 propose alternative procedures to directed by the Administrator and re- lb/ton of coke. observe these ovens. submit it for approval. If an original or We have also established operating To demonstrate initial compliance, re-submitted plan has not been limits for control devices and capture the plant owner or operator must certify, approved by the applicable compliance systems applied to pushing emissions. If as part of the notification of compliance date, the owner or operator must operate a venturi scrubber is used, the daily status, that the plant will meet each of in accordance with the last plan average pressure drop and scrubber the requirements in the work practice submitted to the Administrator. water flow rate must remain at or above standard. Records of all observations Plant owners or operators must the minimum level established during and calculations are needed to demonstrate continuous compliance by: the initial performance test. The final document continuous compliance. (1) Measuring and recording flue rule provides two options for a capture Additional records are required in each temperatures for two ovens a day and system applied to pushing emissions: instance where pushing emissions from for all ovens in each battery at least once (1) Maintain the daily average fan motor an oven exceed 30 percent opacity for a month, and (2) recording the time each amperes at or above the minimum level a short battery or 35 percent opacity for oven is charged and pushed and the net established during the initial a tall battery. coking time. Plant owners or operators performance test, or (2) maintain the must keep additional records to show daily average volumetric flow rate at the 2. By-Product Coke Oven Batteries With that the correct procedures were inlet of the control device at or above Horizontal Flues followed if any measured flue the minimum level established during Plant owners or operators must temperature is below the minimum flue the initial performance test. prepare and implement a written plan to temperature or the lowest acceptable The final rule requires a performance prevent incomplete coking. The plan minimum temperature. test for each control device to must establish minimum flue demonstrate it meets the emission limit. temperatures at different coking times 3. Non-Recovery Coke Oven Batteries The concentration of PM is to be and a lowest acceptable minimum flue The final work practice standards measured using EPA Method 5 or 5D in temperature. The minimum require plant owners or operators to 40 CFR part 60, appendix A. The testing temperatures must be established based visually inspect each oven prior to requirements also include procedures on a study conducted by the plant that pushing by opening the door damper for establishing operating limits for establishes minimum flue temperatures and observing the bed of coke. The oven venturi scrubbers and capture systems at different minimum coking times and cannot be pushed unless the visual and for revising the limits, if needed, an absolute minimum flue temperature. inspection confirms that there is no after the performance test. To The plan must be submitted to the smoke in the open space above the coke demonstrate continuous compliance Administrator for approval. The bed, and that there is an unobstructed with the applicable emission limit, authority to approve the work practice view of the door on the opposite side of plant owners or operators must conduct
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performance tests for each control operation, and maintenance of must keep records documenting device at least twice during each term continuous monitoring systems. The conformance with these requirements. of their title V operating permit (at final rule requires owners or operators D. What Are the Requirements for midterm and renewal). to prepare a site-specific monitoring Quenching? If a baghouse is applied to pushing plan for CPMS that addresses emissions, plant owners or operators installation, performance, operation and The equipment and work practice must monitor the relative change in PM maintenance, quality assurance, and standards for quenching apply to all loading using a bag leak detection recordkeeping and reporting coke oven batteries. Each quench tower system and make inspections at procedures. These requirements replace must be equipped with baffles such that specified intervals. The basic inspection the more detailed performance no more than 5 percent of the cross requirements include daily, weekly, specifications contained in the proposed sectional area of the tower may be monthly, or quarterly inspections of rule. uncovered or open to the sky. Baffles specified parameters or mechanisms For a capture system applied to must be cleaned each day that the with monitoring of bag cleaning cycles. pushing emissions, plant owners or quench tower is used except when the Each bag leak detection system must be operators are required to check the fan highest measured ambient temperature capable of detecting PM at motor amperes or the volumetric flow during the day is below 30 degrees concentrations of 10 milligrams per rate at least once each 8-hour period to Fahrenheit. Each quench tower must be actual cubic meter or less and provide verify the daily average is at or above inspected at least monthly for damaged an output of relative PM loading, and be the level established during the initial or missing baffles and blockage. If the installed and operated according to EPA performance test and to record the monthly inspection reveals any guidance.1 If the system does not work results of each check. damaged or missing baffles, plant based on the triboelectric effect, it must owners or operators must initiate repairs C. What Are the Requirements for within 30 days and complete repairs as be installed and operated consistent Soaking? with the manufacturer’s written soon as practicable. specifications and recommendations. In The final rule contains a work The final rule also limits the total practice standard to address emissions dissolved solids (TDS) content of water addition, the bag leak detection system that occur during soaking, which is the used for quenching to 1,100 milligrams must be equipped with an alarm system period prior to pushing when an oven per liter (mg/L). The final rule includes that will alert operators if PM is is dampered off the collecting main and an alternative to the TDS limit that detected above a preset level. The vented to the atmosphere through an achieves an equivalent level of HAP proposed requirement that a bag leak open standpipe to relieve oven pressure. control. The plant owner or operator detection system must not sound for Plant owners or operators must prepare may establish a site-specific constituent more than 5 percent of the time in a and implement a plan to mitigate limit for the HAP that are characteristic semiannual period has been deleted potential soaking emissions. Each plan of coke oven emissions (benzene, from the final rule. must include measures and procedures benzo(a)pyrene, and naphthalene). The To demonstrate continuous to train topside workers to identify the constituent limit is based on analyses of compliance, the final rule requires plant cause of soaking emissions and to take at least nine samples of the quench owners or operators to maintain records corrective measures to reduce or water for TDS, benzene, benzo(a)pyrene, of corrective actions taken in response eliminate such emissions. and naphthalene. The HAP limit is the to bag leak detection system alarms. If soaking emissions are caused by highest sum of the concentrations of the They must also keep records leaks from the collecting main, actions HAP in any single sample that meets the documenting conformance with the must be taken to eliminate the TDS limit of 1,100 mg/L. We also inspection and maintenance emissions, such as reseating the damper, replaced the definition of ‘‘clean water’’ requirements. cleaning the flushing liquor piping, with a definition of ‘‘acceptable makeup If a venturi scrubber is applied to applying aspiration, putting the oven water,’’ which includes surface water pushing emissions, plant owners or back on the collecting main, or igniting from a river, lake, or stream; water operators must monitor the daily the emissions. If soaking emissions are meeting drinking water standards; storm average pressure drop and scrubber not caused by leaks from the collecting water runoff and production area clean water flow rate using continuous main, a designated responsible party up water except for water from the by- parameter monitoring systems (CPMS). must be notified, who must then product recovery plant area; process The CPMS must measure and record the determine whether the cause of wastewater treated to meet effluent pressure drop and scrubber water flow emissions is incomplete coking. If so, limitations guidelines; any of these rate at least once per push and the oven must either be put back on the types of water that have been used only determine and record the daily average collecting main until coking is for non-contact cooling or in water of the readings. To demonstrate complete, or the emissions must be seals; or water from scrubbers used to continuous compliance with the ignited. control pushing emissions. operating limits, plant owners or To demonstrate initial compliance, To demonstrate initial compliance, operators must maintain the daily the plant owner or operator must certify, the plant owner or operator must certify, average pressure drop and scrubber as part of the notification of compliance as part of the notification of compliance water flow rate at levels no lower than status, that the plant has submitted the status, that the equipment standard has those established during the written plan for soaking to their been met, and that the work practice performance test. Valid monitoring data permitting authority for review and requirements regarding baffle repair and must be available for all pushes. approval, and that each of the cleaning will be met beginning no later Section 63.7331 of the rule establishes requirements in the work practice than the first day that compliance is requirements for the installation, standard will be met beginning no later required according to § 63.7283 of the than the first day that compliance is final rule. The owner or operator must 1 ‘‘Fabric Filter Bag Leak Detection Guidance,’’ EPA 454/R–98–015, September 1997, available on required according to § 63.7283 of the also conduct an initial performance test the TTN at http://www.epa.gov/ttnemc01/cem/ final rule. To demonstrate continuous to demonstrate that the TDS content of tribo.pdf compliance, plant owners or operators quench water does not exceed 1,100 mg/
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L or that the concentration of benzene, The plan for general O&M of each by- is required. For the work practice benzo(a)pyrene, and naphthalene does product coke oven battery must address standard for pushing for a by-product not exceed the site-specific constituent procedures (and frequency of coke oven battery with horizontal flues, limit. To demonstrate continuous measurements, where appropriate) for plant owners or operators must provide compliance, plant owners or operators underfiring gas parameters, flue and prior written notification of the date the are required to maintain baffles in each cross-wall temperatures, preventing study of flue temperatures will be quench tower to meet the rule ovens from being pushed before they are initiated. Other notification requirements, test quench water for TDS fully coked, preventing overcharging requirements that may apply are shown at least weekly or at least monthly for and undercharging of ovens, and in Table 1 of the final rule (subpart benzene, benzo(a)pyrene, and inspecting flues, burners, and nozzles. CCCCC). naphthalene, and keep records The O&M plan for capture systems documenting conformance with the and control devices applied to pushing The final rule requires plant owners work practice requirements regarding emissions must describe procedures for or operators to maintain the records baffle repair and cleaning. monthly inspections of capture systems, required by the NESHAP General Backup quench stations at existing preventative maintenance requirements Provisions that are needed to document coke oven batteries that are used for less for control devices, and corrective compliance, such as performance test than 5 percent of the quenches in a 12- action requirements for baghouses. In results; copies of startup, shutdown, and month calendar period are not subject to the event of a bag leak detection system malfunction plans and associated the baffle requirements for quench alarm, the plan must include specific corrective action records; monitoring towers. However, backup quench requirements for initiating corrective data; and inspection records. All records stations at new batteries are subject to action to determine the cause of the must be kept for a total of 5 years, with the requirements for baffles. problem within 1 hour, initiating the records from the most recent 2 years corrective action to fix the problem E. What Are the Requirements for kept onsite. The final rule also requires within 1 working day, and completing Battery Stacks? that the current O&M plans be kept all corrective actions needed to fix the onsite and available for inspection upon The final rule requires plant owners problem as soon as practicable. or operators to monitor the opacity of To demonstrate initial compliance, request for the life of the affected source emissions from each battery stack using plant owners or operators must certify or until the affected source is no longer a continuous opacity monitoring system in their notification of compliance subject to the rule requirements. (COMS) and to meet specified opacity status that they have prepared the plan We revised the reporting requirement limits at all times. The opacity limits are according to the rule requirements and for battery stacks from monthly to a daily average of 15 percent for a by- that the plant will operate according to quarterly in response to comments. For product coke oven battery on a normal the plan beginning no later than the first other affected sources, semiannual coking cycle and a daily average of 20 day that compliance is required under reports are required for any deviation percent for a by-product coke oven § 63.7283 of the final rule. To from an emission limitation (including battery on a batterywide extended demonstrate continuous compliance, an operating limit), work practice coking cycle. A battery is on plant owners or operators must adhere standard, or O&M requirement. Each batterywide extended coking if the to the requirements in the plan and keep report is due no later than 30 days after average coking time for all ovens in a records documenting conformance with the end of the reporting period. If no battery is increased by 25 percent or these requirements. more over the manufacturer’s specified deviation occurred and no continuous G. What Are the Notification, design rate. monitoring systems were out of control, Initial compliance must be Recordkeeping, and Reporting only a summary report is required. If a demonstrated through a performance Requirements? deviation did occur, more detailed test using a COMS. The opacity of The notification, recordkeeping, and information is required. emissions from each battery stack must reporting requirements rely on the An immediate report is required if be monitored for 24 hours and the daily NESHAP General Provisions in 40 CFR there were actions taken during a average determined. A performance part 63, subpart A. Table 1 of the final startup, shutdown, or malfunction that evaluation is also required to show that rule (subpart CCCCC) shows each of the were not consistent with the startup, the COMS meets Performance requirements in the General Provisions shutdown, and malfunction plan. Specification (PS) 1 in appendix B to 40 (§§ 63.2 through 63.15) and whether Deviations that occur during a period of they apply. CFR part 60. To demonstrate continuous startup, shutdown, or malfunction are compliance, plant owners or operators The final rule requires the owner or operator to submit each initial not violations if the owner or operator must monitor opacity using the COMS demonstrates to the permitting authority and determine and record the 24-hour notification in the NESHAP General that the source was operating in average opacity. Provisions that applies to them. An initial notification of applicability with accordance with the startup, shutdown, F. What Are the Operation and general information about the plant and malfunction plan. Maintenance (O&M) Requirements? must be submitted within 120 days of H. What Are the Compliance Deadlines? All plant owners or operators are April 14, 2003 (or for a new affected required to prepare and implement a source, 120 days after becoming subject We revised the compliance date for an written startup, shutdown, and to the rule). A notification of existing affected source from 2 years to malfunction plan according to the O&M performance tests must be provided at 3 years after April 14, 2003. New or requirements in 40 CFR 63.6(e). least 60 calendar days before each test. reconstructed sources that startup on or Operation and maintenance plans are A notification of compliance status must before April 14, 2003. New or also required for each by-product coke be submitted within 60 calendar days of reconstructed sources that startup after oven battery and for capture systems the compliance demonstration if a April 14, 2003 must comply upon initial and control devices applied to pushing performance test is required or within startup. emissions. 30 calendar days if no performance test
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III. Summary of Responses to Major prefers the opacity standard but would be observed again for 90 days, and Comments support combining it with the work during that 90-day period, many green practice standard if it improved pushes could occur. A. Why Did We Select a Work Practice compliance. Additionally, an opacity standard Standard for Fugitive Pushing Response: The insight provided by based on the average of four pushes Emissions? several commenters and further does not reliably indicate when a green We proposed an opacity standard for consideration of the two options we push has or has not occurred. We fugitive pushing emissions as one proposed lead us to conclude that a analyzed data from two batteries that potential option for controlling sources work practice standard that requires had frequent green pushes to compare in the category. Because we were owners or operators to take appropriate the effectiveness of the opacity standard uncertain about the feasibility of an corrective action and to confirm that and work practice standard in opacity standard for this emission point, they have successfully addressed identifying green pushes. We found we also proposed a work practice problem ovens is the most effective cases where the four-push average had standard. We refer to the opacity approach to control fugitive pushing one oven with a green push (an opacity standard as Option 1 and the work emissions. A work practice standard is of more than 30 percent), but the practice standard as Option 2. Both appropriate because pushing emissions proposed opacity standard was not options would require observing four are fugitive in nature and are not exceeded because the other pushes had consecutive pushes per day and emitted through a conveyance designed low opacity. We also found cases where determining the average opacity of each to capture and control HAP. Moreover, the 20 percent opacity standard was push. The opacity limits proposed were there is no practicable measurement marginally exceeded, but none of the 20 percent for short batteries and 25 methodology to determine the mass pushes were green (i.e., all four pushes percent for tall batteries based on the emission rate of HAP in these fugitive were less than 30 percent). average of four pushes. We proposed a emissions. Section 112(h) of the CAA In contrast, the work practice work practice standard that would be explicitly permits a work practice standard is triggered by opacity triggered if the average opacity of any standard in lieu of an emission standard observations of individual ovens. When single push exceeded 30 percent for when emissions cannot be emitted a green push occurs, the problem oven short batteries and 35 percent for tall through a conveyance. is identified. This oven is then placed batteries. We concluded an opacity limit as on a remedial track that requires Comment: Four commenters stated a proposed would not be appropriate appropriate repairs in a reasonable preference for a work practice standard. because coke oven batteries cannot period of time. Consequently, the work Two commenters said that EPA has not entirely avoid green pushes. While practice standard will not allow green and cannot adequately subcategorize facilities can significantly reduce the pushes to occur unabated. batteries to account for the range in frequency of green pushes by carefully Several commenters urged us to performance achievable by batteries monitoring emissions and responding combine the performance standard (an implementing a state-of-the-art O&M quickly to diagnose and repair problem opacity limit) with the work practice program for the minimization of green ovens, they cannot eliminate them standard. While we are not adopting a pushes. The commenters stated there altogether. (For example, a flue may specific performance standard in the are not enough data to set standards for become plugged unexpectedly during form of a hard and fast opacity limit, each subcategory reflecting the coking.) Any steps that we might take to and we do not believe that such a performance of the top sources over allow for the periodic exceedance of an standard would provide a feasible time and under the worst foreseeable emission limit (such as averaging across mechanism for identifying and conditions. Therefore, the opacity several pushes) would undermine the remediating individual problem ovens, standard (Option 1) must be rejected. purpose of the standard by allowing we do recognize the benefits of having One commenter prefers an opacity malfunctioning ovens to continue a mechanism to prevent ongoing failure standard over a work practice standard operating without diagnosis or repair. to repair problem ovens. because he believes a work practice Therefore, the most meaningful Therefore, we have revised the work standard could cause several problems: approach is to establish a work practice practice standard to ensure that ovens (1) It would not allow them to standard that requires coke oven are properly repaired. As proposed, the effectively manage their long-term wall facilities to identify and successfully work practice standard could have and end flue replacement program; (2) remedy problems that result in allowed individual problem ovens to the constant change from taking ovens increased emissions. Accordingly, continue to operate, while cycling out of service and putting them back considering the nature of the pushing through corrective actions without ever into service would result in damage to operation, it is appropriate for EPA to being properly repaired. Consequently, the battery; and (3) many of the actions establish a work practice standard that we revised the work practice standard to required by the work practice standard uses opacity observations to identify require an owner or operator to report would disrupt the heating system, problem ovens (those which produce a deviation after two consecutive damage refractory, and increase green pushes) and requires corrective unsuccessful attempts at corrective emissions in other areas of the battery. action to diagnose and correct the action and/or increased coking time and Three commenters urged EPA to problem. after two consecutive unsuccessful combine the opacity standard with the There was a fundamental flaw in the attempts to decrease coking time on the work practice standard. One commenter opacity standard as proposed in that it same oven. In addition, subsequent noted that the opacity standard does not would not ensure that an oven consecutive failures to repair or require that an oven be repaired, and the producing green pushes is repaired. If remediate the same oven must be work practice standard may not be the four-push average exceeds the reported as deviations. There is sufficient to keep a problem oven from opacity standard, one or more of the adequate time provided to correct any continuing to operate. Two commenters ovens may have serious problems that problems during the two attempts—20 prefer a combination because it would require immediate attention to prevent days or more. An owner or operator may more closely approach their existing subsequent green pushes. However, also remove an oven from service for as State standards. Another commenter these problem ovens would not have to long as necessary to conduct repairs.
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This approach accurately reflects the agree with others. We do not agree that coking time, we allow two coking cycles performance of the best-controlled all ovens must be read exactly as before requiring the facility to facilities in the category that already required by Method 9 (40 CFR part 60, demonstrate that the action was implement oven diagnosis and repair appendix A) because we are aware that successful. They believe it is necessary programs to successfully identify and the view of opacity from some ovens to observe only one push rather than remedy problems that lead to increased may be obstructed within the sector two to show the action was successful. emissions. Most of the best-controlled required by the method. In this Finally, the commenters asked that we batteries will seldom have an oven that situation, the observer may need to find drop the requirement to obtain the enters the oven-directed program, and an alternative position to make opacity permitting authority’s permission to our data show that none have had the observations. We added a provision to return an oven to service and instead types of continuing problems that the final rule requiring plant owners or change this to a notification would result in a deviation under the operators to identify ovens that cannot requirement. final rule. be observed according to Method 9 and Response: We added a provision that We believe that the work practice develop alternative procedures to requires plant owners or operators to standard can be coordinated with a determine if green pushes are occurring report a deviation after two long-term repair program. The batteries on those ovens. The alternative unsuccessful attempts at repair, and upon which the MACT floor is based procedures must be submitted to the with this requirement, we believe that it have a long-term repair program to permitting authority for review and is not necessary to require that an oven address major repairs. This long-term approval. Facilities must operate be removed from service. Our goal at program includes procedures for according to these procedures beginning proposal was to require that an oven be minimizing impacts on adjacent ovens no later than the applicable compliance removed from service for repair to avoid and preventing excess emissions when date. Based on the information we endless cycling of unsuccessful repairs. ovens must be removed from service. In received, there are only a few ovens that This is accomplished in the final rule by addition, these batteries have effective fall into this category. requiring that the owner or operator procedures for identifying problem We have written the final rule to state repair the problem oven, and by ovens and making short-term repairs. that Method 9 observations should requiring the owner or operator to bring There is no legitimate reason why this begin with the first detectable any two or more consecutive failures to type of approach cannot be movement of the coke mass. In addition, repair the same oven to the attention of implemented at other coke oven we agree that any Method 9 certified the permitting authority by reporting the batteries. observer is qualified to make Method 9 failure(s) as a deviation. opacity observations and have changed Based on the comments requesting B. What Changes Did We Make to the the provision to reflect this. We also more time to fix problem ovens before Work Practice Standard for Fugitive agree that more than four ovens may be they are removed from service, we Pushing Emissions? observed each day because doing so investigated the time that might Comment: Four commenters provides more scrutiny of performance reasonably be required to take corrective requested revisions to the work practice and greater assurance that every oven action and to demonstrate that it was standard. They requested that the final can be observed at least once every 90 successful. We discovered that there can rule require that all pushes be read days. be some situations in which it would be exactly according to EPA Method 9 (40 With respect to the comment on difficult to obtain valid opacity CFR part 60, appendix A). They changing pushing schedules, we do not observations within the time period in suggested that Method 9 observations believe that the precise language that the proposed rule. For example, the begin with the first detectable the commenter suggests is appropriate opportunity to make opacity movement of the coke mass because this (specifically the word ‘‘solely’’ would observations according to the prescribed would ensure that observations are create an extraordinarily difficult procedures depends on coking time, made through the entire pushing burden of proof for purposes of number of daylight hours, sun angle, sequence and would be consistent with enforcement). However, we do agree and other factors. In some cases, it may how the data were generated for the with the general idea underlying the take several days to meet the criteria in proposed rule. They also requested that commenter’s recommendation, and we the opacity procedures for a specific we not require ‘‘independent certified have written the final rule to oven, especially during the winter observers’’ because all Method 9 acknowledge that there may be months for ovens with 22 to 26 hour certified observers are qualified and legitimate operational reasons for coking times. Consequently, we have should be treated the same. changing the pushing schedule. If an written the final rule to require that the The commenters asked that we allow oven’s pushing schedule is changed and opacity observations to demonstrate that the observation of more than four that oven was previously scheduled to corrective action and/or increased pushes per day so that every oven can be one of the four consecutive ovens to coking time was successful be made on be observed at least once every 3 be observed, the operator must keep the first two pushes that can be months. In addition, the commenters records to document the legitimate observed according to the procedures asked that we clarify that the pushing operational reason for changing the for opacity observations after the schedule can be changed for operational schedule. We have added a definition allowed number of days. We decreased reasons, but not ‘‘solely’’ for the purpose for ‘‘increased coking time’’ to prevent the time period to complete corrective of changing the sequence of confusion with ‘‘batterywide extended action or increase coking time because observations. They suggested we add a coking time,’’ which is a term used only the time period no longer includes the definition for ‘‘increased coking time’’ in the provisions for battery stacks. demonstrative observations. We have to prevent confusion with ‘‘batterywide Comment: Several commenters said written the final rule to allow either 10 extended coking time,’’ which is a term that the rule should not mandate that an days or the number of days determined used only in the provisions for battery oven be taken out of service if corrective using an equation, whichever is greater. stacks. actions are unsuccessful. In addition, Depending on coking time, the time Response: We agree with some of commenters requested that after taking period allows batteries 10 to about 20 these suggested revisions and do not corrective actions or extending the days to diagnose the problem,
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implement corrective action or products flow from one flue to the next, Response: We believe emission limits increased coking time, and stabilize the heat control of each upper flue for PECD are appropriate and warranted. oven temperatures. After that period, materially affects the heating conditions As we explained in the preamble to the the next two pushes that can be in the next flue down. Each flue in the proposed rule, there are several reasons observed according to the procedures horizontal design affects a larger we do not believe it is appropriate to must be observed to evaluate the percentage of the total coke mass than include PECD as a component of the success of corrective action. Days during for the vertical flue design. MACT floor for pushing. However, we which the oven is removed from service Consequently, the occurrence of a also indicated at proposal that operation do not count in the allowed number of heating or combustion problem in any of these controls does have some HAP days. We also revised the standard to of the single horizontal flues could have reduction benefits (although we are allow two attempts at repair in case the a significant adverse effect on the degree unable to specifically quantify these problem is not initially diagnosed and uniformity of coking across the benefits in terms of either HAP or PM), properly or in case a second entire length of the coke bed. Therefore, and there is little doubt that these independent problem develops. since these differences in design and devices help to reduce HAP emissions, We do not agree that two coking operation affect pushing emissions, we including POM and trace metals. Thus, cycles are always necessary to stabilize developed a separate subcategory for while minimizing the frequency of an oven after corrective actions are batteries with horizontal flues. There are green pushes is the basis for the MACT taken. We believe there is one case in two batteries with this design, and the floor, and achieving this objective will which two coking cycles are needed to work practice standard is based on the significantly decrease the emission allow the oven temperature to procedures used by these batteries to benefits of the add-on control devices, stabilize—when an oven that was prevent green pushes. We have received these devices will continue to reduce placed on increased coking time has no technical information that indicates HAP emissions to some degree on a been repaired and the owner or operator this subcategorization was continuing basis. The EPA has attempts to qualify for decreased coking inappropriate. reasonably concluded that it is time. We have written the final rule to However, after we reviewed the important to ensure that the benefits reflect this. There is adequate time proposed work practice standard, we related to the operation of these controls within the allowed number of days concluded a revision was needed to are maintained, and the appropriate way following corrective action or increased ensure that a source would not be to accomplish this is to require that coke coking time to allow the oven permitted to operate its ovens below the plants operate existing PECD at all times temperatures to stabilize. Adequate time lowest acceptable minimum flue in a manner consistent with good air is also provided for ovens removed from temperature. The source is required to pollution control practices. service because the time during which evaluate coking time, coking Accordingly, today’s requirements the oven is not operating is not counted temperature, and factors associated with establish emission limitations for in the allowed number of days. Relative incomplete coking to develop minimum existing control devices that reflect the to the comment that only one performance of well-operated PECD. observation is needed to demonstrate flue temperatures and coking times. The source must then submit to the The costs associated with the PECD the problem has been corrected, we requirements include those for periodic continue to believe that two pushes Administrator (or delegated authority) for review and approval a written plan Method 5 testing, parametric monitoring should be observed rather than one to (such as bag leak detection systems), provide assurance that the repair was that establishes minimum flue and monthly inspections of capture and successful. temperatures for different coking times, control systems. These costs are only We agree that it is not necessary for and that establishes the lowest a permitting authority to approve acceptable minimum flue temperature $4,600 per year for a typical coke plant, returning an oven to service, and the for oven operation. The plan must also which is a minimal cost relative to the permitting authority may not be able to include appropriate operation and overall costs of the final rule (less than act within a time frame that is maintenance procedures to ensure 0.5 percent). While we are not able to consistent with the legitimate needs of compliance upon plan implementation. quantify the HAP emission reductions associated with operation of PECD or the operator. In addition, this C. What Changes Did We Make to the requirement places a burden on the with the PECD requirements in the final Requirements for Pushing Emission rule, we believe the requirements permitting authority that they may not Control Devices (PECD)? want and may not have the resources or preserving these existing benefits of expertise to implement. Comment: Two commenters stated PECD’s and ensuring proper operation Comment: Three commenters stated that there is no legal basis for setting of control devices is warranted. For that batteries with horizontal flues MACT standards for PECD given EPA’s example, bag leak detection systems and would be subject to significantly less conclusion at proposal that PECD are monthly inspections will ensure that stringent standards than batteries with not part of the MACT floor for pushing. corrective actions are taken promptly vertical flues. They requested that these One commenter also stated that EPA has when the systems are not operating batteries be subject to the same pushing no legal authority to set operating limits properly, and these actions will reduce requirements as by-product batteries for PECD because they are simply a excess emissions that might have with vertical flues. surrogate for the underlying emission occurred in the absence of the Response: As stated in the proposal limits. In addition, PECD should not be continuous monitoring. preamble, unlike vertical flue batteries regulated because the emissions do not We do not believe that the limits will which include 25 to 37 individual flues contain HAP. The commenter said the duplicate existing State requirements along each oven wall, the horizontal limits and monitoring are not necessary because the limits are generally flue system of the Semet Solvay design and are duplicative of other existing equivalent to or more stringent than includes only five horizontal flues requirements, including State those currently required by State which convey the combustion gases implementation plans, title V permits, agencies or contained in existing from top to bottom in serpentine and the compliance assurance operating permits. By establishing these fashion. Because the hot combustion monitoring program. limits in national standards, we will
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ensure that emissions from PECD do not we now have results for ten tests at five have no information on the effect of the increase in the future if existing State batteries with cokeside sheds and initial surge when full evacuation is limits are relaxed or if operating permits baghouses. All three tests on the 6-meter applied at the beginning of the push. are modified. battery are below the proposed limit of Thus, given that emissions from PECD Comment: One commenter stated that 0.004 gr/dscf with values of 0.0009, are not the major focus of today’s final the proposed emission limits are based 0.0024, and 0.0013 gr/dscf. rule and are not included as part of the on very limited data and that the limits The additional data for the two 4- MACT floor calculation, we believe it is are not achievable. In support of this meter batteries plus one test result appropriate to delete the 5 percent claim, the commenter submitted which we previously had gives us a operating limit for bag leak detection statistical analyses that indicate that total of five tests for that plant, four tests systems. However, we are requiring that their ‘‘statistically-derived values’’ are for Battery 1 and one test for Battery 4. corrective actions be initiated within 1 much higher than the proposed limits The company acknowledged that a 1984 hour of an alarm. and should be used in lieu of the test which averaged 0.02 gr/dscf was proposed values. Several commenters performed under unrepresentative D. What Changes Did We Make to the submitted additional test data for EPA conditions because of operational Requirements for Quenching? to consider and asked for higher limits. problems with the baghouse during the Comment: One commenter stated that Response: We reviewed the additional test. We examined the other test reports the definition of ‘‘clean water’’ needs to test data submitted by the commenters. for Battery 1 and found that a test be clarified because it would be difficult These new data include additional tests conducted in 1984 averaged 0.004 gr/ or impossible for plant owners or on mobile scrubber cars used on short dscf, a 1988 test averaged 0.0036 gr/ operators to prove that some sources of batteries and baghouses applied to dscf, and a 1998 test averaged 0.01 gr/ water meet the definition. As proposed, cokeside sheds. We also reexamined our dscf. The test reports indicate that ‘‘clean water’’ is defined to mean approach for selecting appropriate sampling was performed under surface water from a river, lake, or emission limits. We believe that it is not representative conditions. stream; water meeting drinking water necessary to use statistical analyses to Consequently, we revised the emission standards; water that has been used for account for variability because these limit for batteries with cokeside sheds to non-contact cooling; or process control devices operate uniformly over 0.01 gr/dscf to reflect the level that has wastewater that has been treated to time, and the data indicate there is little been demonstrated as achievable. remove organic compounds and/or variability when the device is operating No additional data were submitted for dissolved solids. The commenter properly. In addition, we have data for two types of capture and control recommended that the definition be most of the affected control devices, systems: mobile scrubber cars on tall revised to state that any water can be including multiple tests for some units. batteries and mobile scrubber cars that used except untreated process We believe the large database inherently capture during travel. We chose as wastewater from the by-product plant. accounts for variability and choosing limits the highest three-run average for Another commenter agreed and further the highest three-run average means that each of these systems—0.01 lb/ton for stated that plant owners or operators 100 percent of the test results are below mobile scrubber cars on tall batteries should be allowed to use any source of the limit. However, to account for and 0.04 lb/ton for mobile scrubber cars makeup water that has been used inherent variability in the performance that capture during travel. We believe historically and previously deemed of the control devices (to more the data show that these limits are acceptable by EPA. One commenter accurately reflect the actual achievable because they have been requested that the definition include performance of existing controls over achieved at several different batteries water that is used in seals on time), we established the limits in the over time. standpipes; otherwise, the plant owner final rule by rounding the highest test Comment: One commenter requested or operator would have to draw an results to two decimal places. that the 5 percent operating limit for bag additional 200,000 gallons per day from The two additional tests for mobile leak detection system alarms be deleted. Lake Michigan and treat the same scrubber cars used on short batteries The commenter argued that the 5 amount of water before discharge. include one result slightly below the percent of the operating time limit on Another commenter requested that proposed limit and another slightly alarms is arbitrary. In addition, the storm water and wash down water higher than the proposed limit. The commenter stated that EPA had not associated with non-recovery plants be tests were conducted using approved demonstrated that a bag leak detection added. The commenter stated that this methods and appear to be representative system is workable for pushing water does not pick up toxic chemicals of normal operation. In addition, the emissions given the intermittent at non-recovery plants, and using this results expanded the database for this operation of PECD (e.g., 1 to 2 minutes water for quenching eliminates subcategory from three tests to five tests. during a push, which occurs every 15 to discharge to the watershed and reduces The averages for the five tests ranged 20 minutes). the amount of water drawn from the from 0.012 to 0.025 lb/ton of coke. We Response: We reexamined the water supply. rounded 0.025 lb/ton to 0.03 lb/ton and proposed operating limit of 5 percent for Other commenters requested that the established this value as the limit for bag leak detection systems and proposed definition of ‘‘clean water’’ be mobile scrubber cars for short batteries. concluded it was not applicable for tightened by developing minimum We also reviewed additional test data PECD. The proposed limit was adopted quality standards for quench water. Two for three batteries equipped with a from other rules and was not based on commenters suggested that ‘‘clean cokeside shed and baghouse, including data associated with baghouses applied water’’ be defined as meeting Federal three tests conducted on a 6-meter to pushing emissions. We do not believe safe drinking water standards. Two battery at one plant and four tests we can establish an appropriate limit in other commenters asked that EPA conducted on two 4-meter batteries this application because of the establish a limit for TDS because the designated Batteries 1 and 4 at a second intermittent operation of baghouses. For solids contain metals. Commenters also plant. The proposed limit for existing most systems, the device operates only noted that the definition includes cokeside sheds and baghouses was during the push, which is 1 to 2 minutes process water that has been treated to 0.004 gr/dscf. With the additional data, every 10 to 15 minutes. In addition, we remove organic compounds and/or
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dissolved solids. They stated that water and makeup water. Recycled higher temperature evaporates some removal of both solids and organics water is the runoff from quenching that organic PM and results in an inaccurate should be required, and EPA must is returned from the quench tower to the measure of TDS. This organic PM establish appropriate levels of sump. Makeup water is from some other contributes to the total TDS and treatment. If an appropriate level of source, such as a river or lake, and is emissions at the normal temperatures of treatment cannot be defined, then all added to replenish the water lost by the quench water before it is used for process wastewater should be evaporation during quenching. quenching. Consequently, we specify prohibited for quenching coke. One Dissolved solids in the quench water that TDS must be determined by drying commenter suggested that return water contribute to HAP and PM emissions the filterable residue at 103 to 105° C. from the quench tower and all process during quenching. We reviewed data We believe the existing limits are a wastewater be prohibited, whether from tests at quench towers and found reasonable proxy for TDS levels that can treated or not. This commenter further that HAP emissions increase as the TDS be achieved, and they account for the stated that if EPA chooses to allow level in the quench water increases. normal variability in TDS levels. For treated process water, then daily Several States have established TDS example, the available data indicate that sampling and analysis must be required limits for the quench water to ensure TDS concentrations in clean makeup to ensure the treatment process is that high levels of solids are not present water are usually less than 600 mg/L. removing the contaminants. to contribute to emissions from the We reviewed data for several plants and Response: We agree that altering the quench tower. We agree with concluded that TDS in quench water is definition of ‘‘clean water’’ is necessary commenters who requested that TDS about twice that in makeup water. to clarify what types of water can be limits be established in the final rule Therefore, we believe a level of 1,100 used as makeup water. We also agree and that the quench water be sampled mg/L TDS or less is indicative of that it is appropriate to establish TDS periodically. We reviewed the available acceptable quench water. Consequently, limits to control quench water quality. data on TDS levels in quench water. we are establishing this level in the final Our intent at proposal was that However, we have only limited data, rule as the maximum TDS allowed in untreated process wastewater, whether much of the data included the use of by- quench water. We are also requiring contaminated with solids, organic product plant wastewater which is no weekly sampling of the quench water to compounds, or both, should not be used longer used for quenching, and we ensure that water quality is maintained. for quenching. These contaminants have could not validate the procedures that Although a TDS limit is a proven been shown to increase HAP emissions were used for sampling and analysis by historical method for limiting emissions from quenching, and most plants have the various plants. In addition, we have from quenching, we believe that plant abandoned the practice of disposing of only one data point for reporting plants, owners or operators can achieve untreated wastewater in the quenching which does not reflect the variability in equivalent levels of HAP control by process. TDS levels over time. limiting the HAP in quench water. To Process wastewater must be treated to We also reviewed existing State and provide additional flexibility, we remove solids and organics, as local TDS requirements and found that included in the final rule an alternative necessary, before it can be used for most of the existing limits are in the to develop a site-specific limit for the quenching. This can be ensured by range of 800 to 1,500 mg/L. We quench water for the HAP that are requiring that process wastewater be evaluated the five most stringent State indicators of coke oven emissions— treated to meet effluent limitation limits (12 percent of 36 quench towers) benzene, benzo(a)pyrene, and guidelines. It was not our intent to applied to quench towers at coke plants naphthalene. To qualify for the prohibit the use of non-contact process that were operating during the alternative, a plant owner or operator water, cooling water, or other development of the proposed rule. Two must sample and analyze at least nine miscellaneous sources of water that quench towers (one in Michigan and quench water samples for TDS, benzene, would not contribute to additional one in Ohio) are subject to a limit of 800 benzo(a)pyrene, and naphthalene. The emissions from pushing. For example, mg/L, two others in Illinois are subject alternative HAP limit is the highest sum the water used to seal standpipe caps to a limit of 1,200 mg/L, and one in of the concentrations of the HAP in any and storm water are not process Illinois is subject to a limit of 1,500 mg/ single sample that meets the TDS limit wastewater. To address the above L. We chose the mean value of 1,100 of 1,100 mg/L. concerns, we have replaced the term mg/L as the MACT floor. We chose the Comment: Two commenters noted ‘‘clean water’’ in the proposed rule with mean value rather than the median that baffles control PM and that EPA the term ‘‘acceptable makeup water,’’ value (1,200 mg/L) because we usually had not explained why PM is a suitable which is defined in the final rule to use the median value when that value surrogate for HAP emissions from mean surface water from a river, lake, or is associated with a specific source and quenching. One commenter said that the stream; water meeting drinking water the operation of a particular emission requirement for 95 percent coverage of standards; storm water runoff and control technology. In this case, the quench towers by baffles is unclear and production area cleanup water except mean value is more appropriate because that coverage cannot be measured. for water from the by-product recovery the State limits are not directly related Another commenter stated that the 95 plant area; process wastewater treated to to the level of control achieved by a percent coverage requirement is too meet effluent limitations guidelines; any particular control technology. lenient and will allow the release of of these types of water that has been We also evaluated the test method significant emissions. The commenter used only for non-contact cooling or in used by the plants that comprise the noted that two layer baffles which cause water seals; or water from scrubbers MACT floor and determined that all of two changes in flow direction have been used to control pushing emissions. We these plants measure TDS by drying the installed and successfully used at coke believe this change accommodates most filterable residue at 103 to 105° C. plants in Allegheny County, if not all of the concerns stated in the (There is an alternative TDS method Pennsylvania. comments. that specifies drying at 180° C.) Our data Several commenters stated that it is Water used for quenching is usually indicate that the lower drying difficult or impossible to wash and taken from a sump near the base of the temperature is more appropriate for repair baffles in cold and inclement quench tower and consists of recycled coke plant quench water because the weather because water lines freeze and
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severe weather makes the process Consequently, we do not believe it is regular quench towers or backup dangerous. One commenter said the appropriate to prescribe in the final rule quench stations. There is no reason to company does not allow work on the the use of a particular baffle type or permit the use of higher TDS levels for quench tower during freezing weather design and have provided the flexibility quenching merely because a backup due to safety concerns. One commenter for the owner or operator to make this quench station is used. recommended that baffles be cleaned determination. However, all types of daily or as often as weather conditions baffles must have adequate coverage to E. What Were the Major Comments on allow and that repair of damaged or provide effective emission control for the Proposed Standard for Battery missing baffles be initiated within 30 quench towers. Stacks? days and completed as soon as We believe requirements for daily Comment: One commenter stated that practicable. Materials needed for repair cleaning, monthly inspection, and EPA has not adequately subcategorized are not always available in a short time prompt repair of damaged baffles are batteries in developing the MACT for frame. Three commenters said that their reasonable and necessary to ensure that battery stacks, and that the EPA should experience indicates that monthly they are well maintained. These have distinguished among short and tall cleaning of baffles is adequate and practices are common at many coke batteries, pulse-fired batteries, batteries added that additional cleaning should plants, and the frequencies are based on using preheated coal, batteries of older be performed if the upward flow of the industry responses to a nationwide design, and foundry coke batteries that steam plume is obstructed. These survey. However, we agree that are consistently operated at longer commenters also noted that it may not repairing baffles during inclement coking times. The commenter also be possible to complete repairs to weather conditions is a personnel safety stated that each battery is unique with damaged baffles prior to the next issue. We also agree that there may be respect to the factors that affect battery scheduled monthly inspection and operational problems when baffles are stack emissions. Consequently, the O&M suggested that a requirement to initiate washed during freezing weather. program required to control these repairs prior to the next inspection is Consequently, we revised the emissions differs from battery to battery. more appropriate. requirement to wash baffles daily to The factors affecting emissions include Two commenters noted that some allow daily washing to be suspended the age and condition of the battery’s plants have backup quench stations that when the highest measured ambient refractory, the condition of the stack are used when the primary quench temperature throughout the day is less canal, the battery design, sealing carbon, tower is unavailable because of than 30 degrees Fahrenheit. We coal properties and coke specifications, maintenance or malfunction. These understand that the time needed for and the design and efficiency of the by- backup stations are used only a small repair can vary depending on the extent product recovery plant. amount of the time, and they are not of repair needed and the availability of Response: We disagree with the designed to capture quenching materials. Therefore, we have written commenter that we have not emissions (i.e., they have no stacks or the final rule to require that the repair subcategorized batteries adequately in baffles). Both commenters requested of damaged or missing baffles be establishing performance standards for that EPA clarify that backup quench initiated within 30 days and that the battery stacks. Our current database stations are not subject to the repairs be completed as soon as shows that the proposed opacity limits requirements for baffles. practicable. Response: We agree with the We gathered information on the use of have been achieved on a continuing comment that baffles reduce PM backup quench stations by surveying basis by numerous batteries with a emissions. In addition, we believe that coke plants. A total of nine coke plants variety of physical and operational baffles also reduce the emission of HAP among the 12 responding to the survey differences. We do not believe that more metal compounds contained in the have 13 backup quench stations. Only subcategories are needed beyond those particles of grit released, as well as one of these 13 backup quench stations in the proposed rule. semivolatile and VOC such as is equipped with baffles, and the At proposal, we had months of COMS polycyclic aromatic hydrocarbons stations are typically used less than 5 data demonstrating that the limits for (PAH) and benzene, when green coke is percent of the time. Based on the by-product batteries had been achieved quenched. Semivolatile organic information we received, we conclude by ten of the 46 by-product batteries. compounds evolve from green coke and that MACT for backup quench stations After proposal, we obtained data for six condense to form fine PM or condense at existing coke oven batteries does not additional batteries that also achieve the on other particles during the quenching include the installation of baffles. We proposed limits. In total, we have 13 process. Consequently, baffles reduce have specified in the final rule our months of data for each of five batteries, emissions of both metal and organic subcategorization of backup quench 18 months of data for each of eight HAP. stations, and we have defined this batteries, and 12, 50, and 65 months of To clarify the provision for 95 percent subcategory as those quench stations data for each of three batteries. Our coverage, we revised the coverage that are used for less than 5 percent of database now covers 35 percent of all requirement to read that no more than quenches for any coke oven battery in by-product batteries, spanning all types 5 percent of the cross sectional area of any 12-month period. However, the and ages and covering all seasons of the the quench tower can be exposed to the best-controlled similar source has year. Among the 16 batteries sky when viewed from below. We baffles in the backup quench station. demonstrated to have achieved the understand there are several different Consequently, the requirements for proposed MACT opacity limits are short designs and configurations used for installing, inspecting, cleaning, and and tall batteries, furnace and foundry baffles. However, there are many repairing baffles applies to backup coke batteries, and batteries with gun different factors that affect emissions quench stations at new batteries. flue and under jet underfiring systems. from quench towers. For example, it is In addition, the TDS limit applies to Also included are batteries that use likely that the design of the quench backup quench stations because the pulse firing, preheated coal, and tower affects the level of emission existing State limits we used to underfiring gas with and without control and may also affect the choice determine the MACT floor apply to desulfurization. They range in age from of baffle type and configuration. quench water, whether it is used in 8 to 46 years.
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We examined the data to determine if procedures for identifying problem program), it is not only reasonable but subcategories are needed for different ovens and a list of corrective actions. required that EPA establish such a limit. battery designs as mentioned by the Response: The EPA established the Because these emissions are emitted commenter. We could find no difference MACT floor for battery stacks by through a stack, can be measured, and in performance levels achieved by short identifying the level of performance could be captured and controlled with vs. tall batteries, under jet vs. gun flue, consistently achieved by the best- the application of available emission furnace vs. foundry coke, or the other performing units. Because units in this control technologies, it would not be factors mentioned by the commenter. category currently do not use add-on appropriate for EPA to establish a work We found a difference in performance control devices to reduce stack practice standard in lieu of an emissions when batteries are placed on extended emissions, we looked at other measures standard. Thus, the CAA requires us to coking, which reduces sealing carbon on employed by existing facilities in order develop an emission standard in this the oven walls. Consequently, we to identify the best-performing units. case because a work practice standard is developed a separate emission limit for Specifically, we looked at equipment, allowed in lieu of an emission standard batteries on extended coking. We also work practices, and operational factors only if it is not feasible to prescribe or acknowledge that batteries operating that reduce emissions at existing enforce an emission standard. routinely on coking cycles that are facilities. We identified good systematic The primary factor affecting battery longer than that for which they are operation and maintenance, along with stack emissions is the condition of oven designed could qualify as extended operation of COMS to monitor stack walls. Batteries that are well maintained coking. To accommodate this, we have opacity, as the most important factors can achieve the MACT limits. When the revised the definition for ‘‘batterywide affecting the level of emissions from walls are allowed to deteriorate and extended coking’’ to mean increasing coke oven battery stacks. In fact, we cracks occur, coke oven emissions the average coking time for all ovens in determined that all of the best- escape through the cracks into the a battery by 25 percent or more over the performing batteries employ measures underfiring system and lead to high manufacturer’s design rate. that have the same basic features, stack opacity. Another important factor Comment: One commenter stated that including COMS monitoring to identify in meeting the proposed limit is using EPA must develop a work practice problems, ongoing systematic COMS for diagnostic purposes. When an standard for battery stacks because it is maintenance of oven walls, and opacity spike occurs, the last oven not feasible to set performance procedures for prompt and efficient charged can be identified and corrective standards. The commenter noted that repair of damaged ovens. We also actions can be made to repair the oven. EPA uses three approaches to determine identified, based on the large amount of High stack opacity may on occasion be MACT floors (emissions data, existing available COMS data, the level of caused by combustion problems, which emission limits from State regulations or performance that units employing such also result in HAP emissions. However, operating permits, or technology). We measures are consistently achieving. these are easily remedied by proper used the technology approach for Therefore, this approach identifies what adjustment and operation of the battery stacks. The commenter believes is being done at existing facilities to underfiring system. that the use of a technology approach reduce coke oven emissions from We identified batteries with good for battery stacks is inappropriate battery stacks and correlates those O&M practices, and we collected because the technology is not an air control activities to a specific level of opacity data from their COMS to pollution control device but is good performance. Because a sufficient characterize the level of control they O&M. The commenter further states that number of units in the category are have achieved. As discussed earlier, good O&M results in widely varying employing these control strategies and these batteries are representative of the degrees of emission control. Good O&M achieving the identified emissions types currently operating, and aside is not a ‘‘technology’’ for the purposes limitation, this limit is MACT for from the effect of extended coking, we of applying the technology approach existing sources.2 Contrary to the found no basis to develop additional because, unlike an add-on control commenter’s assertion, there is no basis subcategories. The opacity limits device, good O&M cannot be associated to conclude that any existing battery, identified as MACT have been achieved with specific emission control levels at with appropriate repairs, monitoring by these different types of batteries by different batteries. The only way to and maintenance, would be unable to using good O&M procedures. The establish a floor for battery stacks is to achieve a similar level of control. performance level associated with the use actual emissions data. However, Therefore, it was reasonable here for floor has been demonstrated as EPA does not have enough emissions EPA to use this approach to identify the achievable and is representative of the data to subcategorize batteries best units and to establish emission performance of the top performing adequately or to characterize limits based on the performance of those sources. performance over time and under the units. We agree that a good work practice worst foreseeable operating conditions. Because the opacity data used to program is essential to maintain control The commenter provided details for a establish the emissions limits are, in of battery stack emissions and that we suggested work practice program for fact, representative of what a well derived the emission limits based on the battery stacks. The program would be operated coke oven battery can achieve best-controlled batteries which have implemented when a daily average (with comprehensive O&M, continuous such programs. However, a work opacity trigger is exceeded. The monitoring, and an efficient repair practice standard alone would not commenter suggests that the values EPA ensure that battery stacks are well proposed for the emission limits (15 2 While, in the proposal, we described this as a maintained on a continuing basis. In percent for normal coking time and 20 ‘‘technology approach’’ and referred to good O&M contrast, a performance standard will as the ‘‘MACT technology,’’ these were merely short percent for extended coking time) be hand references for EPA’s detailed analysis of the ensure that battery stack emissions are used as the triggers. The work practice measures employed by best facilities to achieve the well controlled and allows plant owners program would include requirements greatest degree of emissions reductions. In fact, the or operators the flexibility to implement for worker training as well as emission limit for battery stacks is based on the a site-specific program appropriate for level of performance that the best existing sources procedures for controlling oven to flue consistently achieve, as demonstrated by actual their operation. In addition, we are leakage, including diagnostic emission test data (in the form of COMS readings). obligated under the CAA to set
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numerical emission limitations unless it practices were not in place. By contain HAP compounds, including is infeasible, and we must prescribe definition, good O&M means that the POM and metals. Higher opacities mean requirements for continuous monitoring opacity spikes identified by the COMS a higher concentration of particles and whenever possible. Moreover, we have would have been investigated, problems therefore higher concentrations of HAP. battery stack emissions data for 16 diagnosed, and repairs made. When The correlation of opacity and HAP is batteries that cover many months of repairs were resumed and better O&M also supported by the common industry operation. procedures were followed, the daily practice of using COMS to detect leaks Comment: Two commenters claimed average opacity was consistently in oven walls. Coke oven gas escapes that EPA arbitrarily and improperly maintained below 15 percent for from ovens with cracked or damaged excluded critical COMS data. subsequent months. We have 50 walls and results in increased battery Specifically, 3 years of data were consecutive months of data for Battery stack opacity. These coke oven excluded for Battery 1 at Bethlehem 1 showing that it achieves the MACT emissions that are detected with the Steel, Burns Harbor, and all of the data emission limit on a continuing basis. In COMS are a listed HAP. for U.S. Steel Gary Works were addition, these are the most recent data The two batteries that we tested had excluded. The commenter said that EPA which indicate that the battery has very low opacities (2 to 5 percent), and excluded the Burns Harbor data because improved with age rather than it is not possible to develop a clear end flue repairs were suspended in deteriorated with age. It is obvious that correlation over such a narrow range. 1994, but noted that twice as many end the measures taken in the early 1990s to The emissions from these well- flue repairs were made in 1993 and after maintain oven walls were not the same controlled batteries are not 1994 than in previous years. The as those taken in subsequent years, and representative of batteries that have high commenter said that EPA excluded the this has been confirmed by company opacity emissions from their battery Gary Works data because they do not data that show no end flue repairs in stacks. represent periods of good systematic 1994. Infrequently, higher opacity occurs O&M. The commenter further stated that A similar situation exists at U.S. Steel because of combustion problems which the data for two tall batteries at Gary Gary Works. We obtained result in the formation of products of Works should be included because they documentation from the company that incomplete combustion that also represent the battery’s performance shows that batteries were not employing contain HAP. For example, such prior to a $150 million program of end good O&M during high opacity events. emissions contain a variety of PAH such flue and through wall repair. There is no Equipment malfunction or untimely as benzo(a)pyrene. All the available data basis for excluding these data, and EPA repair was the cause of most related to poor performing batteries, must account for all operating periods exceedances during that time period. including the available emissions data (other than startups, shutdowns, and However, subsequent events confirm and the historical use of COMS to detect malfunctions) to accurately reflect a that oven repairs and good systematic coke oven emissions, indicate that coke source’s performance under the most O&M resulted in batteries achieving the oven emissions can be appropriately adverse operating conditions over time. emission limit. After a $150 million identified by looking at opacity. The commenter provided details on program of end flue and through wall Therefore, limiting opacity is an periods of startup, shut down, and repairs, the four batteries at Gary Works appropriate mechanism for limiting malfunction events that occurred during have improved performance such emissions from coke oven battery 31 days of the 2 years of data for Gary significantly and can meet the battery stacks. Works. The commenter concluded that stack limit. We have COMS data for 13 Comment: Two commenters stated EPA must include all of the data for recent months that show the four that COMS should be used for Battery 1 at Burns Harbor and the data batteries have achieved the MACT level diagnostic purposes only and not as an for Gary Works (except for the 31 days of control. Moreover, these batteries also enforcement tool. One commenter cited they identified) in the MACT floor show improved performance rather than an industry survey that identified 26 analysis. Another commenter asked that deterioration as they age. COMS used on 27 batteries and stated all of the data supplied for Battery 1 at Comment: One commenter stated that that they are used as a diagnostic tool. Burns Harbor be included in the EPA’s emission estimates for battery Most of these COMS are no longer analysis because it represents consistent stacks are based on a flawed correlation commercially available and cannot meet operating practices over the period. between opacity and HAP. The EPA’s PS 1 requirements. Consequently, Response: We strongly disagree that commenter said that no correlation it is inappropriate to use data generated our exclusion of certain COMS data was exists because high opacity can be by these COMS to set standards or to inappropriate. The data that we did not caused by situations that do not indicate demonstrate compliance with an use were not generated at a facility the presence of HAP, such as poor or opacity limit. Another commenter also while it was implementing an effective incomplete combustion and the stated that the COMS do not meet PS 1 O&M program. We explained that the presence of sulfates. The commenter requirements and added that EPA data for Battery 1 at Burns Harbor noted that the data from two EPA tests should not base emission limits on data collected in the early 1990’s do not (ABC Coke and Bethlehem Steel, Burns that were collected by methods less represent proper MACT level O&M Harbor) show no correlation between stringent than those that will be used to because repairs were decreased to opacity and PAH, extractable organics, determine compliance. One commenter maintain production while adjacent or metal HAP. The commenter noted that there are demonstrated Battery 2 was being rebuilt. The data concluded that EPA has not met its inaccuracies that make COMS clearly show that abandoning repairs burden of demonstrating that opacity is unreliable at opacity levels below 10 increased opacity, which averaged 8.1 a reasonable surrogate for HAP percent. This is important because percent prior to 1996 and 4.8 percent emissions. battery stack opacity is below 5 percent afterwards. It is also apparent that the Response: It is well established that most of the time at virtually all batteries, earlier data show high opacity spikes opacity is directly correlated with the so a large number of unreliable data (daily averages of 35 to 40 percent) that concentration of particles in emissions. points would be averaged with fewer are indicative of damaged oven walls Our tests have shown that the particles reliable data points to calculate the and clearly show that good O&M emitted during coke oven pushing daily average opacity. Another
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commenter stated that COMS readings the previous negotiated coke ovens: (‘‘green’’ coke). The cause of emissions are inaccurate and that only opacity charging, topside, and door leaks can be determined by introducing a data generated by Method 9 NESHAP. Two commenters expressed small amount of aspirating steam/liquor observations should be used to support for the proposed soaking into the standpipe. If this stops the determine compliance. standards. emissions, the cause of emissions is a Response: We proposed a Response: Soaking emissions were not leak from the collecting main. performance standard for battery stacks specifically addressed in the regulatory Corrective actions from collecting main in the form of an opacity limit. The negotiations for the coke ovens: leaks include reseating the damper dish, COMS have been well established as the charging, topside, and door leaks cleaning the flushing liquor distribution preferred method to show continuous NESHAP. The emissions points that piping, or leaving the aspirating steam compliance with an opacity limit. The were negotiated include charging, or liquor cracked on. If introducing data we collected from the U.S. Steel topside port lid leaks, offtake system(s) aspirating steam/liquor does not stop batteries at Clairton and the more recent leaks, door leaks, and bypass or bleeder the emissions, the cause is incomplete data from the new COMS installed at stacks. For offtake systems, the coke coking. Further investigation (for U.S. Steel Gary Works were from ovens: charging, topside, and door leaks example, by opening charging lids and devices that meet PS 1 requirements. NESHAP limit the percent allowed to observing the coke mass) will determine Moreover, while we agree that COMS leak during the coking cycle. The only if the entire charge or only a small are subject to greater imprecision at low discussion regarding soaking is a portion is undercoked. Emissions from opacity, this imprecision is inherent in clarification in the test method about incomplete coking (e.g., from a cold the data we used to develop the opacity whether open standpipes on ovens spot) can be ignited by partially or fully limits; therefore, these limits already dampered off the main would be removing the oven lid nearest the account for this imprecision. counted as offtake leaks. There was no standpipe, cracking open and then Additionally, the limits have been discussion of the voluminous emissions closing an adjacent standpipe cap, shown to be achievable by numerous that can occur when the standpipes are partially opening the opposite aspirating batteries over time. Consequently, we opened on an oven containing green steam valve for a short time on a dual believe that COMS are an appropriate coke and the emissions do not ignite. main battery, or manually igniting tool for enforcement of the standard that We believe soaking emissions are part of emissions. was based on data collected by COMS. the pushing operation because they In light of our increased We do agree with the commenter that occur when the oven is taken off the understanding of soaking emissions and COMS should also be used for collecting main in preparation for their causes and remedies, we have diagnostic purposes. A COMS is an pushing. These emissions should be replaced the proposed requirements for important part of good systematic O&M addressed by the MACT standards soaking with a more comprehensive that we identified as the MACT floor because they have not been addressed work practice requirement. If there are technology. The COMS will provide previously by EPA, they are a source of visible emissions from a standpipe information on problem ovens in need coke oven emissions (a listed HAP), and during soaking, plant personnel must of repair, and diagnostic procedures reasonable control measures are immediately investigate the cause and coupled with corrective action will available to reduce emissions. take corrective action. Work practices provide good control of HAP emissions Comment: Two commenters requested are triggered by visible emissions from from battery stacks. an alternative work practice standpipes that do not ignite We do not believe observations by requirement for soaking emissions automatically. These work practices Method 9 should be used to determine instead of the proposed requirement include eliminating soaking emissions compliance. A COMS provides data in that the emissions be ignited. Because that result from leaks from the collecting a more timely manner, monitors soaking emissions are often not readily main and either igniting the emissions emissions continuously, and is the only ignitable, several commenters noted the or continuing coking if they are caused reasonable way to collect enough data to potential danger involved in the by incomplete coking. determine a daily average opacity. proposed requirement to ignite open We understand that there are times standpipes since the flame is often when igniting standpipes can be F. What Changes Did We Make to the invisible and igniting the emissions dangerous. If flames are invisible (i.e., Requirements for Soaking? could cause serious injury if the person there are no visible emissions from the Comment: Several commenters igniting the flame doesn’t see it or is standpipe), there is no need to attempt requested that we remove the soaking standing downwind from the standpipe. ignition. If there are visible emissions work practice and recordkeeping Several commenters stated that the that do not automatically ignite, several requirements from the final rule. They proposed requirement carries an things can be done to encourage self- claim that soaking emissions cannot be enormous administrative burden ignition, such as partially or fully considered as part of the rule because associated with the tracking, recording, removing the oven lid nearest the they were addressed in the 1993 and documenting the lighting off of standpipe, cracking open and then negotiated coke ovens: Charging, standpipes. One commenter said that closing an adjacent standpipe cap, or topside, and door leaks NESHAP (40 any benefits associated with the partially opening the opposite aspirating CFR part 63, subpart L), which proposed soaking requirements are far steam valve for a short time on a dual addressed charging emissions and outweighed by the administrative costs. main battery. We know of at least one emissions from leaking topside port Response: After the close of the plant with three batteries that require lids, offtake systems, and doors. The comment period, we visited several their workers to manually ignite commenters state that the 1993 coke coke plants specifically to observe and emissions when they do not ignite ovens: charging, topside, and door leaks discuss soaking emissions. We automatically. Devices are available to NESHAP allow up to three ovens to be determined visible emissions from ignite these emissions safely and at a dampered off the main and not counted soaking stem from two causes: leaks reasonable distance from the open when determining daily compliance from the collecting main (i.e., the standpipe. The work practice standard with the offtake system(s) standard, and standpipe is not completely sealed from requires owners or operators to train as a result, are specifically addressed in the main) and incomplete coking workers in the procedures to reduce
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soaking emissions, and each plant are retaining the requirements for methylene chloride extractable organic should address all aspects of safety. We procedures to prevent both compounds from pushing, quenching, do not believe that the revised standard undercharging and overcharging ovens and battery stacks, would be reduced to jeopardizes the safety of plant workers. in the work plan. We understand that approximately 500 tpy from a baseline We agree with the commenters that not all plant owners or operators level of about 1,000 tpy. However, six the proposed standard would have measure the volume of coal; some coke plants have permanently closed imposed unnecessary administrative calculate the volume from weight and since proposal. Our current best burdens related to soaking emissions. bulk density. We have written the estimate is that baseline emissions of Accordingly, we have eliminated the language in the final rule to require 680 tpy will be reduced to 390 tpy. The requirement to document the ignition of procedures for determining coal volume final rule will also significantly reduce soaking emissions every time an oven is rather than the measurement of coal emissions of other HAP, such as metals, dampered off the main. Instead, plant volume. benzene, toluene, and other volatile owners or operators must prepare and compounds that are not included with operate at all times according to a H. Why Did We Change the Compliance the extractable organics. However, we written work practice plan for soaking. Dates for Existing Sources? do not have a reliable means of G. What Changes Did We Make to the Comment: Several commenters said 3 estimating the overall reductions of O&M Requirements? years should be allowed to achieve these other HAP emissions. Today’s compliance. They note that we provided final rule will also reduce emissions of Comment: Several commenters no rationale for providing for only 2 PM. suggested changes to the general years to comply and should give the full B. What Are the Cost Impacts? batterywide O&M plan. One comment 3 years allowed under the CAA. Two was to delete the requirement to years may not provide enough time As with the emission estimates, there measure or compute the air:fuel ratio. because of the substantial work that is some uncertainty in the cost They noted that the air:fuel ratio is not must be done at many plants, and it may estimates. However, we obtained data normally measured, and it would be be difficult to raise the necessary capital from the best-controlled plants for their impractical to do so given that it would to make the batteries compliant. emission controls, oven repairs, and require flow measurements of every Response: The CAA requires that work practices. After proposal, we oven’s air box and gas orifice to compliance occur as expeditiously as collected additional information on the calculate the air:fuel ratio. Another practicable, but no later than 3 years extent of repairs needed and their costs. commenter asked that the requirement after the effective date of the standard. We then applied these costs to those for procedures to prevent pushing an (See CAA section 112(i)(3).) We agree batteries that we project would be oven out of sequence be deleted. The with the commenters that many impacted by the rule and developed commenter argued that any oven placed batteries will require extensive repairs revised cost estimates. We estimate that on extended coking would of necessity in order to comply with the final rule. 23 batteries may require major repairs be pushed out of sequence. Another As a result, we have written the final and could incur aggregate capital costs comment was to delete the requirement rule to provide the 3 years allowed of $2.4 to $9.3 million to rebuild ovens for procedures to prevent undercharging under the CAA. We estimate that 23 to meet the final standards for pushing an oven because it has no effect on batteries will need major repairs (oven and battery stacks. Relative to add-on air emissions. In addition, procedures for patching, endflues, and through walls) pollution controls, we believe that three measuring the volume of coal are not with capital costs of $2.4 million to $9.3 batteries will have to install baffles in appropriate because many plants million per battery. In light of the cost their quench towers to control calculate coal volume rather than and time required to complete necessary quenching emissions. We do not believe measure it. repairs at many facilities, we believe that any plant will need to upgrade or Response: We agree that it may be install new control devices to meet the impractical to measure air:fuel ratio that a period of 3 years is necessary in order to allow sufficient time for all final PECD standard. since it is a calculated value at most Monitoring is also an important plants. Different parameters may be existing facilities to meet the requirements of today’s final rule. component of MACT and the cost monitored at different plants to ensure estimate. Approximately 20 batteries the underfiring system is operating IV. Summary of Environmental, Energy, will need to install COMS on their properly. Consequently, we have and Economic Impacts battery stacks. In addition, 44 batteries written the final rule to require that the are expected to incur the cost of visible O&M plan include the frequency and A. What Are the Air Emission Reduction Impacts? emissions observers for daily method of recording underfiring gas observation of pushing emissions, and parameters. We are also clarifying the Accurate emission estimates are 18 bag leak detection systems must be pushing an oven out of sequence difficult to make, especially for fugitive installed. The cost of control and requirement. Our intent is to prevent an pushing emissions. When green pushes monitoring associated with the above oven from being pushed ahead of occur, most of the organic HAP escape measures is expected to result in schedule before it is fully coked. We the capture system and are nationwide capital costs of about $90 have added language to the final rule unmeasurable. Our estimate for pushing million and total annualized cost of $20 that clarifies this intent. Relative to emissions is based on our best estimates million per year. undercharging an oven, we disagree of the capture efficiency and frequency with the commenter that undercharging of green pushes. For battery stacks, we C. What Are the Economic Impacts? does not produce emissions. Our have opacity and emissions data for the We conducted a detailed assessment research and discussions with coke best-controlled batteries. We had to of the economic impacts associated with plant operators indicate that extrapolate the test data to account for the final rule. We expect the compliance undercharging an oven can produce higher emissions from batteries with costs associated with the final rule to excess carbon on oven walls, which can higher battery stack opacities. increase the price of coke, steel mill result in pushing difficulties and excess At the proposal stage, we estimated products, and iron castings and to pushing emissions. Consequently, we that coke oven emissions, measured as reduce their domestic production and
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consumption. We project the market adversely affect in a material way the Provisions), and a special study of flue price of furnace coke to increase by economy, a sector of the economy, temperatures for by-product coke oven almost 3 percent, while the market price productivity, competition, jobs, the batteries with horizontal flues (with for foundry coke should remain environment, public health or safety, or notification of the date the study is to unchanged. We expect domestic State, local, or tribal governments or be initiated). Quarterly reports of any production of furnace coke to decline by communities; deviations from the applicable limits for 348,000 tons, or 3.9 percent. For (C) Create a serious inconsistency or battery stacks are required, with foundry coke, we expect domestic otherwise interfere with an action taken semiannual reports for other affected production to remain unchanged. or planned by another agency; sources. The recordkeeping In terms of industry impacts, we (M) Materially alter the budgetary requirements require only the specific project the integrated steel producers to impact of entitlement, grants, user fees, information needed to determine experience a slight decrease in operating or loan programs or the rights and compliance. profits, which reflects increased costs of obligations of recipients thereof; or The annual public reporting and furnace coke inputs and associated (R) Raise novel legal or policy issues recordkeeping burden for this collection reductions in revenues from producing arising out of legal mandates, the of information (averaged over the first 3 their final products. Our analysis President’s priorities, or the principles years after April 14, 2003, is estimated indicates that one of the captive set forth in the Executive Order. to total 2,200 labor hours per year at a batteries may stop supplying furnace Pursuant to the terms of Executive total annual cost of $131,000. This coke to the open market but will Order 12866, it has been determined estimate includes one-time performance continue to satisfy internal coke that this final rule is a ‘‘significant tests and reports, preparation and requirements for integrated steel regulatory action’’ because it may raise submission of O&M plans, and a special production. Through the market impacts novel legal or policy issues. As such, study of flue temperatures; one-time described above, the final rule will this action was submitted to OMB for purchase and installation of continuous produce impacts within the merchant review. Changes made in response to monitoring systems; one-time segment. We project merchant plants OMB suggestions or recommendations preparation of a standard operating producing furnace coke as a whole to will be documented in the public procedures manual for baghouses; one- experience profit increases in response record. time preparation of a startup, shutdown, to the final rule. We also project other B. Paperwork Reduction Act and malfunction plan, notifications, and recordkeeping. Total capital/startup merchant plants producing foundry The information collection coke and some integrated steel plants to costs associated with the monitoring requirements in the final rule have been requirements over the 3-year period of lose profits. Furthermore, the economic submitted for approval to OMB under impact analysis indicates that two of the the ICR is estimated at $32,000 per year, the Paperwork Reduction Act, 44 U.S.C. with operation and maintenance costs of 13 merchant batteries producing furnace 3501 et seq. An information collection coke are at risk of closure, while none $51,000 per year. request (ICR) document has been Burden means the total time, effort, or of the foundry coke producing batteries prepared by EPA (ICR No. 1995.02), and financial resources expended by persons are at risk of closure. For more a copy may be obtained from Susan to generate, maintain, retain, or disclose information, consult the economic Auby by mail at U.S. EPA, Office of or provide information to or for a impact analysis supporting the final Environmental Information, Collection Federal agency. This includes the time rule. Strategies Division (2822T), 1200 needed to review instructions; develop, D. What Are the Non-Air Environmental Pennsylvania Avenue, Washington, DC acquire, install, and utilize technology and Energy Impacts? 20460, by e-mail at and systems for the purpose of [email protected], or by calling (202) The technology associated with collecting, validating, and verifying 566–1672. A copy may also be MACT relies primarily on pollution information; adjust the existing ways to downloaded off the Internet at http:// prevention techniques in the form of comply with any previously applicable www.epa.gov/icr. The information work practices and diagnostic instructions and requirements; train requirements are not enforceable until procedures to prevent green pushes and personnel to respond to a collection of OMB approves them. information; search existing data leakage through oven walls. The information requirements are Consequently, there are no significant sources; complete and review the based on notification, recordkeeping, collection of information; and transmit non-air environmental and energy and reporting requirements in the impacts. or otherwise disclose the information. NESHAP General Provisions (40 CFR An Agency may not conduct or V. Statutory and Executive Order part 63, subpart A), which are sponsor, and a person is not required to Reviews mandatory for all operators subject to respond to, a collection of information NESHAP. These recordkeeping and unless it displays a currently valid OMB A. Executive Order 12866: Regulatory reporting requirements are specifically Planning and Review control number. The OMB control authorized by section 112 of the CAA number for EPA’s regulations are listed Under Executive Order 12866 (58 FR (42 U.S.C. 7414). All information in 40 CFR part 9 and 48 CFR chapter 15. 51735, October 4, 1993), the EPA must submitted to the EPA pursuant to the determine whether the regulatory action recordkeeping and reporting C. Regulatory Flexibility Act is ‘‘significant’’ and, therefore, subject to requirements for which a claim of The EPA has determined that it is not review by the Office of Management and confidentiality is made is safeguarded necessary to prepare a regulatory Budget (OMB) and the requirements of according to Agency policies in 40 CFR flexibility analysis in connection with the Executive Order. The Executive part 2, subpart B. the final rule. The EPA has also Order defines a ‘‘significant regulatory The final rule requires maintenance determined that the final rule will not action’’ as one that is likely to result in inspections of control devices, two have a significant economic impact on a rule that may: types of written plans (in addition to the a substantial number of small entities. (1) Have an annual effect on the startup, shutdown, and malfunction For purposes of assessing the impact of economy of $100 million or more or plan required by the NESHAP General today’s final rule on small entities,
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small entity is defined as: (1) A small OAR–2002–0085 for more information Today’s final rule contains no Federal business according to the U.S. Small on the economic analysis. mandate (under the regulatory Business Administration size standards Although the final rule will not have provisions of the UMRA) for State, local, for NAICS codes 331111 and 324199 a significant economic impact on a or tribal governments. The EPA has ranging from 500 to 1,000 employees; substantial number of small entities, determined that the final rule does not (2) a small governmental jurisdiction EPA nonetheless has tried to reduce the contain a Federal mandate that may that is a government of a city, county, impact of the final rule on small result in estimated costs of $100 million town, school district or special district entities. We have made site visits to or more for State, local, and tribal with a population of less than 50,000; these plants and discussed potential governments, in the aggregate, or to the and (3) a small organization that is any impacts and opportunities for emissions private sector in any 1 year. Thus, the not-for-profit enterprise which is reductions with company final rule is not subject to the independently owned and operated and representatives. Company requirements of sections 202 and 205 of is not dominant in its field. representatives have also attended the UMRA. The EPA has also After considering the economic meetings held with industry trade determined that the final rule contains impacts of today’s final rule on small associations to discuss the rule no regulatory requirements that might entities, EPA has concluded that this development, and we have included significantly or uniquely affect small action will not have a significant provisions in the final rule that address governments. Thus, today’s final rule is economic impact on a substantial their concerns. not subject to the requirements of number of small entities. We have D. Unfunded Mandates Reform Act section 203 of the UMRA. determined that three of the 14 Title II of the Unfunded Mandates E. Executive Order 13132: Federalism companies within this source category Reform Act of 1995 (UMRA), Public Executive Order 13132 (64 FR 43255, are small businesses. Small businesses Law 104–4, establishes requirements for August 10, 1999) requires EPA to represent 21 percent of the companies Federal agencies to assess the effects of develop an accountable process to within the source category and are their regulatory actions on State, local, ensure ‘‘meaningful and timely input by expected to incur 19 percent of the total and tribal governments and the private State and local officials in the industry compliance costs of $20.2 sector. Under section 202 of the UMRA, development of regulatory policies that million. The average total annual the EPA generally must prepare a have federalism implications.’’ ‘‘Policies compliance cost is projected to be $1.3 written statement, including a cost- that have federalism implications’’ is million per small company, while the benefit analysis, for proposed and final defined in the Executive Order to average for large companies is projected rules with ‘‘Federal mandates’’ that may include regulations that have to be $1.5 million per company. Under result in expenditures by State, local, ‘‘substantial direct effects on the States, the final rule, the mean annual and tribal governments, in the aggregate, on the relationship between the national compliance cost, as a share of sales, for or by the private sector, of $100 million government and the States, or on the small businesses is 2 percent, and the or more in any 1 year. Before distribution of power and median is 1.8 percent, with a range of promulgating an EPA rule for which a responsibilities among the various 0.3 to 5 percent. We estimate that two written statement is needed, section 205 levels of government.’’ of the three small businesses may of the UMRA generally requires the EPA The final rule does not have experience an impact greater than 1 to identify and consider a reasonable federalism implications. It will not have percent of sales, and one small number of regulatory alternatives and substantial direct effects on the States, businesses will experience an impact adopt the least costly, most cost- on the relationship between the national greater than 3 percent of sales. effective, or least-burdensome government and the States, or on the We performed an economic impact alternative that achieves the objectives distribution of power and analysis to estimate the changes in of the rule. The provisions of section responsibilities among the various product price and production quantities 205 do not apply when they are levels of government, as specified in for the firms affected by the final rule. inconsistent with applicable law. Executive Order 13132. None of the Although this industry is characterized Moreover, section 205 allows the EPA to affected facilities are owned or operated by average profit margins of close to 4 adopt an alternative other than the least- by State governments. Thus, Executive percent, our analysis indicates that none costly, most cost-effective, or least- Order 13132 does not apply to the final of the coke manufacturing plants owned burdensome alternative if the rule. by small businesses are at risk of closure Administrator publishes with the final because of today’s final rule. In fact, the rule an explanation why that alternative F. Executive Order 13175: Consultation one plant manufacturing furnace coke is was not adopted. Before the EPA and Coordination With Indian Tribal projected to experience an increase in establishes any regulatory requirements Governments profits because of market feedbacks that may significantly or uniquely affect Executive Order 13175 (65 FR 67249, related to higher costs incurred by small governments, including tribal November 9, 2000) requires EPA to competitors, while the plants governments, it must have developed develop an accountable process to manufacturing foundry coke are under section 203 of the UMRA a small ensure ‘‘meaningful and timely input by projected to experience a decline in government agency plan. The plan must tribal officials in the development of profits of slightly less than 5 percent. provide for notifying potentially regulatory policies that have tribal In summary, the economic impact affected small governments, enabling implications.’’ analysis supports our conclusion that a officials of affected small governments The final rule does not have tribal regulatory flexibility analysis is not to have meaningful and timely input in implications, as specified in Executive necessary because, while a few small the development of EPA regulatory Order 13175. It will not have substantial firms may experience initial impacts proposals with significant Federal direct effects on tribal governments, on greater than 1 percent of sales, no intergovernmental mandates, and the relationship between the Federal significant impacts on their viability to informing, educating, and advising government and Indian tribes, or on the continue operations and remain small governments on compliance with distribution of power and profitable are indicated. See Docket the regulatory requirements. responsibilities between the Federal
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government and Indian tribes. No tribal agency does not use available and ‘‘major rule’’ as defined by 5 U.S.C. governments own or operate coke oven applicable voluntary consensus 804(2). batteries. Thus, Executive Order 13175 standards. List of Subjects in 40 CFR Part 63 does not apply to the final rule. The final rule involves technical Environmental protection, Air G. Executive Order 13045: Protection of standards. The final rule requires plants to use EPA Methods 1, 2, 2F, 2G, 3, 3A, pollution control, Hazardous Children From Environmental Health & substances, Reporting and Safety Risks 3B, 4, 5, 5D, and 9 in 40 CFR part 60, appendix A, and PS 1 in 40 CFR part 60, recordkeeping requirements. Executive Order 13045 (62 FR 19885, appendix B. Consistent with the Dated: February 28, 2003. April 23, 1997) applies to any rule that: NTTAA, we conducted searches to Christine Todd Whitman, (1) Is determined to be ‘‘economically identify voluntary consensus standards Administrator. significant,’’ as defined under Executive in addition to these EPA methods. Order 12866, and (2) concerns an ■ For the reasons stated in the preamble, One voluntary consensus standard title 40, chapter I, part 63 of the Code of environmental health or safety risk that was identified as applicable to PS 1. The EPA has reason to believe may have a Federal Regulations is amended as fol- standard, ASTM D6216 (1998), Standard lows: disproportionate effect on children. If Practice for Opacity Monitor the regulatory action meets both criteria, Manufacturers to Certify Conformance PART 63—[AMENDED] the EPA must evaluate the with Design and Performance environmental health or safety effects of Specifications, has been incorporated by ■ 1. The authority citation for part 63 the planned rule on children and reference into PS 1 (65 FR 48920, continues to read as follows: explain why the planned regulation is August 10, 2000). Authority: 42 U.S.C. 7401, et seq. preferable to other potentially effective Our search for emissions monitoring and reasonably feasible alternatives ■ 2. Part 63 is amended by adding sub- procedures identified 16 other voluntary considered by the Agency. part CCCCC to read as follows: The EPA interprets Executive Order consensus standards. We determined Sec. that 13 of these standards identified for 13045 as applying only to those Subpart CCCCC—National Emission regulatory actions that are based on measuring emissions of HAP or surrogates would not be practical due to Standards for Hazardous Air Pollutants for health or safety risks, such that the Coke Ovens: Pushing, Quenching, and analysis required under section 5–501 of lack of equivalency, detail, or quality Battery Stacks assurance/quality control requirements. the Executive Order has the potential to What This Subpart Covers influence the regulation. The final rule The three remaining consensus is not subject to Executive Order 13045 standards identified in the search are 63.7280 What is the purpose of this subpart? because it is based on control under development or under EPA review. Therefore, the final rule does 63.7281 Am I subject to this subpart? technology and not health or safety 63.7282 What parts of my plant does this risks. not require these voluntary consensus standards. See Docket OAR–2002–0085 subpart cover? H. Executive Order 13211: Actions That 63.7283 When do I have to comply with for more detailed information on the this subpart? Significantly Affect Energy Supply, search and review results. Distribution, or Use Section 63.7322 of the final rule lists Emission Limitations and Work Practice Standards This final rule is not a ‘‘significant the EPA test methods that coke plants energy action’’ as defined in Executive are required to use when conducting a 63.7290 What emission limitations must I performance test. Most of these methods meet for capture systems and control Order 13211 (66 FR 28355, May 22, devices applied to pushing emissions? 2001) because it is not likely to have a have been used by States and the 63.7291 What work practice standards must significant adverse effect on the supply, industry for more than 10 years. I meet for fugitive pushing emissions if distribution, or use of energy. Further, Nevertheless, 40 CFR 63.7(e) and (f) I have a by-product coke oven battery we have concluded that the final rule is allow any State or source to apply to with vertical flues? not likely to have any adverse energy EPA for permission to use an alternative 63.7292 What work practice standards must effects. method in place of any of the EPA test I meet for fugitive pushing emissions if methods or performance specifications I have a by-product coke oven battery I. National Technology Transfer required by a rule. with horizontal flues? Advancement Act 63.7293 What work practice standards must J. Congressional Review Act I meet for fugitive pushing emissions if Section 12(d) of the National I have a non-recovery coke oven battery? Technology Transfer and Advancement The Congressional Review Act, 63.7294 What work practice standard must Act (NTTAA) of 1995 (Public Law 104– 5.U.S.C. 801 et seq., as added by the I meet for soaking? 113; 15 U.S.C 272 note) directs EPA to Small Business Regulatory Enforcement 63.7295 What requirements must I meet for use voluntary consensus standards in Act of 1996, generally provides that quenching? their regulatory and procurement before a rule may take effect, the agency 63.7296 What emission limitations must I activities unless to do so would be promulgating the rule must submit a meet for battery stacks? inconsistent with applicable law or rule report, which includes a copy of Operation and Maintenance Requirements otherwise impracticable. Voluntary the rule, to each House of the Congress 63.7300 What are my operation and consensus standards are technical and to the Comptroller General of the maintenance requirements? standards (such as material United States. The EPA will submit a specifications, test methods, sampling report containing the final rule and General Compliance Requirements procedures, business practices) other required information to the U.S. 63.7310 What are my general requirements developed or adopted by one or more Senate, the U.S. House of for complying with this subpart? voluntary consensus standard bodies. Representatives, and the Comptroller Initial Compliance Requirements The NTTAA directs EPA to provide General of the United States prior to 63.7320 By what date must I conduct Congress, through annual reports to publication of the final rule in the performance tests or other initial OMB, with explanations when an Federal Register. The final rule is not a compliance demonstrations?
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63.7321 When must I conduct subsequent soaking, quenching, and battery stacks Several of these notifications must be performance tests? at coke oven batteries. This subpart also submitted before the compliance date 63.7322 What test methods and other establishes requirements to demonstrate for your affected source. procedures must I use to demonstrate initial and continuous compliance with initial compliance with the emission Emission Limitations and Work all applicable emission limitations, limits for particulate matter? Practice Standards 63.7323 What procedures must I use to work practice standards, and operation establish operating limits? and maintenance requirements in this § 63.7290 What emission limitations must I 63.7324 What procedures must I use to subpart. meet for capture systems and control demonstrate initial compliance with the devices applied to pushing emissions? § 63.7281 Am I subject to this subpart? opacity limits? (a) You must not discharge to the 63.7325 What test methods and other You are subject to this subpart if you atmosphere emissions of particulate procedures must I use to demonstrate own or operate a coke oven battery at a initial compliance with the TDS or matter from a control device applied to coke plant that is (or is part of) a major pushing emissions from a new or constituent limits for quench water? source of hazardous air pollutant (HAP) 63.7326 How do I demonstrate initial existing coke oven battery that exceed compliance with the emission emissions. A major source of HAP is a the applicable limit in paragraphs (a)(1) limitations that apply to me? plant site that emits or has the potential through (4) of this section: 63.7327 How do I demonstrate initial to emit any single HAP at a rate of 10 (1) 0.01 grain per dry standard cubic compliance with the work practice tons or more per year or any foot (gr/dscf) if a cokeside shed is used standards that apply to me? combination of HAP at a rate of 25 tons to capture emissions; 63.7328 How do I demonstrate initial or more per year. (2) 0.02 pound per ton (lb/ton) of coke compliance with the operation and maintenance requirements that apply to § 63.7282 What parts of my plant does this if a moveable hood vented to a me? subpart cover? stationary control device is used to capture emissions; (a) This subpart applies to each new Continuous Compliance Requirements (3) If a mobile scrubber car that does or existing affected source at your coke 63.7330 What are my monitoring not capture emissions during travel is plant. The affected source is each coke requirements? used: 63.7331 What are the installation, oven battery. (i) 0.03 lb/ton of coke for a control operation, and maintenance (b) This subpart covers emissions device applied to pushing emissions requirements for my monitors? from pushing, soaking, quenching, and from a short battery, or 63.7332 How do I monitor and collect data battery stacks from each affected source. to demonstrate continuous compliance? (ii) 0.01 lb/ton of coke for a control (c) An affected source at your coke device applied to pushing emissions 63.7333 How do I demonstrate continuous plant is existing if you commenced compliance with the emission from a tall battery; and limitations that apply to me? construction or reconstruction of the (4) 0.04 lb/ton of coke if a mobile 63.7334 How do I demonstrate continuous affected source before July 3, 2001. scrubber car that captures emissions compliance with the work practice (d) An affected source at your coke during travel is used. standards that apply to me? plant is new if you commenced (b) You must meet each operating 63.7335 How do I demonstrate continuous construction or reconstruction of the limit in paragraphs (b)(1) through (3) of compliance with the operation and affected source on or after July 3, 2001. maintenance requirements that apply to this section that applies to you for a new An affected source is reconstructed if it or existing coke oven battery. me? meets the definition of ‘‘reconstruction’’ 63.7336 What other requirements must I (1) For each venturi scrubber applied meet to demonstrate continuous in § 63.2. to pushing emissions, you must compliance? § 63.7283 When do I have to comply with maintain the daily average pressure Notifications, Reports, and Records this subpart? drop and scrubber water flow rate at or above the minimum levels established 63.7340 What notifications must I submit (a) If you have an existing affected and when? source, you must comply with each during the initial performance test. 63.7341 What reports must I submit and emission limitation, work practice (2) For each hot water scrubber when? standard, and operation and applied to pushing emissions, you must 63.7342 What records must I keep? maintenance requirement in this maintain the daily average water 63.7343 In what form and how long must I subpart that applies to you no later than pressure and water temperature at or keep my records? April 14, 2006. above the minimum levels established Other Requirements and Information (b) If you have a new affected source during the initial performance test. (3) For each capture system applied to 63.7350 What parts of the General and its initial startup date is on or Provisions apply to me? before April 14, 2003, you must comply pushing emissions, you must: (i) Maintain the daily average fan 63.7351 Who implements and enforces this with each emission limitation, work motor amperes at or above the minimum subpart? practice standard, and operation and level established during the initial 63.7352 What definitions apply to this maintenance requirement in this subpart? performance test; or subpart that applies to you by April 14, (ii) Maintain the daily average Tables to Subpart CCCCC of Part 63 2006. volumetric flow rate at the inlet of the (c) If you have a new affected source Table 1 to Subpart CCCCC of Part 63— control device at or above the minimum Applicability of General Provisions to and its initial startup date is after April level established during the initial Subpart CCCCC 14, 2003, you must comply with each performance test. What This Subpart Covers emission limitation, work practice standard, and operation and § 63.7291 What work practice standards § 63.7280 What is the purpose of this maintenance requirement in this must I meet for fugitive pushing emissions subpart? subpart that applies to you upon initial if I have a by-product coke oven battery This subpart establishes national startup. with vertical flues? emission standards for hazardous air (d) You must meet the notification (a) You must meet each requirement pollutants (NESHAP) for pushing, and schedule requirements in § 63.7340. in paragraphs (a)(1) through (7) of this
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section for each new or existing by- Y = Current coking time for the oven, unsuccessful, and you must follow the product coke oven battery with vertical hours. procedures in paragraph (a)(6)(iii) of flues. For the purpose of determining the this section. (1) Observe and record the opacity of number of calendar days allowed under (iii) If the corrective action and/or fugitive pushing emissions from each Equation 1 of this section, day one is the increased coking time was unsuccessful oven at least once every 90 days. If an first day following the day you observed as described in paragraph (a)(6)(ii) of oven cannot be observed during a 90- an opacity in excess of 30 percent for this section, you must repeat the day period due to circumstances that any short battery or 35 percent for any procedures in paragraph (a)(6)(ii) of this were not reasonably avoidable, you tall battery. Any fraction produced by section until the corrective action and/ must observe the opacity of the first Equation 1 of this section must be or increased coking time is successful. push of that oven following the close of counted as a whole day. Days during You must report to the permitting the 90-day period that is capable of which the oven is removed from service authority as a deviation each being observed in accordance with the are not included in the number of days unsuccessful attempt at corrective procedures in § 63.7334(a), and you allowed to complete corrective action. action and/or increased coking time must document why the oven was not (6)(i) You must demonstrate that the under paragraph (a)(6)(ii) of this section. (7)(i) If at any time you place an oven observed within a 90-day period. All corrective action and/or increased on increased coking time as a result of opacity observations of fugitive pushing coking time was successful. After a fugitive pushing emissions that exceed emissions for batteries with vertical period of time no longer than the 30 percent for a short battery or 35 flues must be made using the number of days allowed in paragraph percent for a tall battery, you must keep procedures in § 63.7334(a). (a)(5) of this section, observe and record (2) If two or more batteries are served the oven on the increased coking time the opacity of the first two pushes for until the oven qualifies for decreased by the same pushing equipment and the oven capable of being observed total no more than 90 ovens, the coking time using the procedures in using the procedures in § 63.7334(a). paragraph (a)(7)(ii) or (a)(7)(iii) of this batteries as a unit can be considered a The corrective action and/or increased single battery. section. coking time was successful if the (ii) To qualify for a decreased coking (3) Observe and record the opacity of average opacity for each of the two fugitive pushing emissions for at least time for an oven placed on increased pushes is 30 percent or less for a short coking time in accordance with four consecutive pushes per battery battery or 35 percent or less for a tall each day. Exclude any push during paragraph (a)(5) or (6) of this section, battery. If the corrective action and/or you must operate the oven on the which the observer’s view is obstructed increased coking time was successful, or obscured by interferences and decreased coking time. After no more you may return the oven to the 90-day than two coking cycles on the decreased observe the next available push to reading rotation described in paragraph complete the set of four pushes. If coking time, you must observe and (a)(1) of this section. If the average record the opacity of the first two necessary due to circumstances that opacity of either push exceeds 30 were not reasonably avoidable, you may pushes that are capable of being percent for a short battery or 35 percent observed using the procedures in observe fewer than four consecutive for a tall battery, the corrective action pushes in a day; however, you must § 63.7334(a). If the average opacity for and/or increased coking time was each of the two pushes is 30 percent or observe and record as many consecutive unsuccessful, and you must complete pushes as possible and document why less for a short battery or 35 percent or additional corrective action and/or less for a tall battery, you may keep the four consecutive pushes could not be increase coking time for that oven oven on the decreased coking time and observed. You may observe and record within the number of days allowed in return the oven to the 90-day reading one or more non-consecutive pushes in paragraph (a)(5) of this section. rotation described in paragraph (a)(1) of addition to any consecutive pushes (ii) After implementing any additional this section. If the average opacity of observed in a day. corrective action and/or increased either push exceeds 30 percent for a (4) Do not alter the pushing schedule coking time required under paragraph short battery or 35 percent for a tall to change the sequence of consecutive (a)(6)(i) or (a)(7)(ii) of this section, you battery, the attempt to qualify for a pushes to be observed on any day. Keep must demonstrate that corrective action decreased coking time was records indicating the legitimate and/or increased coking time was unsuccessful. You must then return the operational reason for any change in successful. After a period of time no oven to the previously established your pushing schedule which results in longer than the number of days allowed increased coking time, or implement a change in the sequence of consecutive in paragraph (a)(5) of this section, you other corrective action(s) and/or pushes observed on any day. must observe and record the opacity of increased coking time. If you implement (5) If the average opacity for any the first two pushes for the oven capable other corrective action and/or a coking individual push exceeds 30 percent of being observed using the procedures time that is shorter than the previously opacity for any short battery or 35 in § 63.7334(a). The corrective action established increased coking time, you percent opacity for any tall battery, you and/or increased coking time was must follow the procedures in must take corrective action and/or successful if the average opacity for paragraph (a)(6)(ii) of this section to increase coking time for that oven. You each of the two pushes is 30 percent or confirm that the corrective action(s) must complete corrective action or less for a short battery or 35 percent or and/or increased coking time was increase coking time within either 10 less for a tall battery. If the corrective successful. calendar days or the number of days action and/or increased coking time was (iii) If the attempt to qualify for determined using Equation 1 of this successful, you may return the oven to decreased coking time was unsuccessful section, whichever is greater: the 90-day reading rotation described in as described in paragraph (a)(7)(ii) of X = 0.55 * Y (Eq. 1) paragraph (a)(1) of this section. If the this section, you may again attempt to Where: average opacity of either push exceeds qualify for decreased coking time for the X = Number of calendar days allowed to 30 percent for a short battery or 35 oven. To do this, you must operate the complete corrective action or increase percent for a tall battery, the corrective oven on the decreased coking time. coking time; and action and/or increased coking time was After no more than two coking cycles on
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the decreased coking time, you must (2) Submit the written plan and (vi) Inspect the inside walls of the observe and record the opacity of the supporting documentation to the oven after each observed push for cool first two pushes that are capable of Administrator (or delegated authority) spots as indicated by a flue that is being observed using the procedures in for review and approval. Include all darker than others (the oven walls § 63.7334(a). If the average opacity for data collected during the study should be red hot) and record the each of the two pushes is 30 percent or described in paragraph (a)(3) of this results. less for a short battery or 35 percent or section. If the Administrator (or (vii) For each push observed, note less for a tall battery, you may keep the delegated authority) disapproves the where incomplete coking occurs if oven on the decreased coking time and plan, you must revise the plan as possible (e.g., coke side end, pusher side return the oven to the 90-day reading directed by the Administrator (or end, top, or center of the coke mass). For rotation described in paragraph (a)(1) of delegated authority) and submit the any push with incomplete coking, this section. If the average opacity of amended plan for approval. The investigate and document the probable either push exceeds 30 percent for a Administrator (or delegated authority) cause. short battery or 35 percent for a tall may require you to collect and submit (viii) Use the documented factors in battery, the attempt to qualify for a additional data. You must operate paragraph (a)(3)(v) of this section to decreased coking time was according to your submitted plan (or identify pushes that were completely unsuccessful. You must then return the submitted amended plan, if any) until coked and those that were not oven to the previously established the Administrator (or delegated completely coked. Provide a rationale increased coking time, or implement authority) approves your plan. for the determination based on the other corrective action(s) and/or (3) You must base your written plan documentation of factors observed increased coking time. If you implement on a study that you conduct that meets during the study. other corrective action and/or a coking each of the requirements listed in (ix) Use only the flue temperature and time that is shorter than the previously paragraphs (a)(3)(i) through (x) of this coking time data for pushes that were established increased coking time, you section. completely coked to identify minimum must follow the procedures in (i) Initiate the study by July 14, 2003. flue temperatures for various coking paragraph (a)(6)(ii) of this section to Notify the Administrator (or delegated times. Submit the criteria used to confirm that the corrective action(s) authority) at least 7 days prior to determine complete coking, as well as a and/or increased coking time was initiating the study according to the table of coking times and corresponding successful. requirements in § 63.7340(f). temperatures for complete coking as (ii) Conduct the study under part of your plan. (iv) You must report to the permitting representative operating conditions, (x) Determine the battery-wide authority as a deviation the second and including but not limited to the range of minimum acceptable flue temperature any subsequent consecutive moisture content and volatile matter in for any oven. This temperature will be unsuccessful attempts on the same oven the coal that is charged. equal to the lowest temperature that to qualify for decreased coking time as (iii) Include every oven in the study provided complete coking as described in paragraph (a)(7)(iii) of this and observe at least two pushes from determined in paragraph (a)(3)(ix) of section. each oven. this section. (b) As provided in § 63.6(g), you may (iv) For each push observed, measure (4) You must operate according to the request to use an alternative to the work and record the temperature of every flue coking times and temperatures in your practice standards in paragraph (a) of within 2 hours before the scheduled approved plan and the requirements in this section. pushing time. Document the oven paragraphs (a)(4)(i) through (viii) of this number, date, and time the oven was § 63.7292 What work practice standards section. charged and pushed, and calculate the (i) Measure and record the percent must I meet for fugitive pushing emissions net coking time. if I have a by-product coke oven battery volatile matter in the coal that is with horizontal flues? (v) For each push observed, document charged. the factors to be used to identify pushes (ii) Measure and record the (a) You must comply with each of the that are incompletely coked. These temperature of all flues on two ovens requirements in paragraphs (a)(1) factors must include (but are not limited per day within 2 hours before the through (4) of this section. to): average opacity during the push, scheduled pushing time for each oven. (1) Prepare and operate by a written average opacity during travel to the Measure and record the temperature of plan that will eliminate or minimize quench tower, average of six highest all flues on each oven at least once each incomplete coking for each by-product consecutive observations during both month. coke oven battery with horizontal flues. push and travel, highest single opacity (iii) For each oven observed in You must submit the plan and reading, color of the emissions accordance with paragraph (a)(4)(ii) of supporting documentation to the (especially noting any yellow or brown this section, record the time each oven Administrator (or delegated authority) emissions), presence of excessive smoke is charged and pushed and calculate for approval no later than 90 days after during travel to the quench tower, and record the net coking time. If any completing all observations and percent volatile matter in the coke, measured flue temperature for an oven measurements required for the study in percent volatile matter and percent is below the minimum flue temperature paragraph (a)(3) of this section or April moisture in the coal that is charged, and for an oven’s scheduled coking time as 14, 2004, whichever is earlier. You must the date the oven was last rebuilt or established in the written plan, increase begin operating by the plan completely relined. Additional the coking time for the oven to the requirements by the compliance date documentation may be provided in the coking time in the written plan for the that is specified in § 63.7283. The form of pictures or videotape of observed flue temperature before written plan must identify minimum emissions during the push and travel. pushing the oven. flue temperatures for different coking All opacity observations must be (iv) If you increased the coking time times and a battery-wide minimum conducted in accordance with the for any oven in accordance with acceptable flue temperature for any procedures in § 63.7334(a)(3) through paragraph (a)(4)(iii) of this section, you oven at any coking time. (7). must investigate the cause of the low
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flue temperature and take corrective service that is below the lowest (b) As provided in § 63.6(g), you may action to fix the problem. You must acceptable minimum flue temperature. request to use an alternative to the work continue to measure and record the (b) As provided in § 63.6(g), you may practice standard in paragraph (a) of this temperature of all flues for the oven request to use an alternative to the work section. within 2 hours before each scheduled practice standards in paragraph (a) of pushing time until the measurements this section. § 63.7295 What requirements must I meet for quenching? meet the minimum temperature § 63.7293 What work practice standards requirements for the increased coking (a) You must meet the requirements in must I meet for fugitive pushing emissions paragraphs (a)(1) and (2) of this section time for two consecutive pushes. If any if I have a non-recovery coke oven battery? for each quench tower and backup measured flue temperature for an oven (a) You must meet the requirements in on increased coking time falls below the quench station at a new or existing coke paragraphs (a)(1) and (2) of this section oven battery. minimum flue temperature for the for each new and existing non-recovery increased coking time, as established in (1) For the quenching of hot coke, you coke oven battery. must meet the requirements in the written plan, you must increase the (1) You must visually inspect each paragraph (a)(1)(i) or (ii) of this section. coking time for the oven to the coking oven prior to pushing by opening the time specified in the written plan for the door damper and observing the bed of (i) The concentration of total observed flue temperature before coke. dissolved solids (TDS) in the water used pushing the oven. The oven must (2) Do not push the oven unless the for quenching must not exceed 1,100 continue to operate at this coking time visual inspection indicates that there is milligrams per liter (mg/L); or (or at a longer coking time if the no smoke in the open space above the (ii) The sum of the concentrations of temperature falls below the minimum coke bed and that there is an benzene, benzo(a)pyrene, and allowed for the increased coking time) unobstructed view of the door on the naphthalene in the water used for until the problem has been corrected, opposite side of the oven. quenching must not exceed the and you have confirmed that the (b) As provided in § 63.6(g), you may applicable site-specific limit approved corrective action was successful as request to use an alternative to the work by the permitting authority. required by paragraph (a)(4)(v) of this practice standard in paragraph (a) of this (2) You must use acceptable makeup section. section. water, as defined in § 63.7352, as (v) Once the heating problem has been makeup water for quenching. corrected, the oven may be returned to § 63.7294 What work practice standard (b) For each quench tower at a new or must I meet for soaking? the battery’s normal coking schedule. existing coke oven battery and each You must then measure and record the (a) For each new and existing by- backup quench station at a new coke flue temperatures for the oven within 2 product coke oven battery, you must oven battery, you must meet each of the hours before the scheduled pushing prepare and operate at all times requirements in paragraphs (b)(1) time for the next two consecutive according to a written work practice through (4) of this section. pushes. If any flue temperature plan for soaking. Each plan must (1) You must equip each quench measurement is below the minimum include measures and procedures to: tower with baffles such that no more (1) Train topside workers to identify flue temperature for that coking time than 5 percent of the cross sectional area soaking emissions that require established in the written plan, repeat of the tower may be uncovered or open corrective actions. the procedures in paragraphs (a)(4)(iii) to the sky. and (iv) of this section. (2) Damper the oven off the collecting (vi) If any flue temperature main prior to opening the standpipe (2) You must wash the baffles in each measurement is below the battery-wide cap. quench tower once each day that the minimum acceptable temperature for (3) Determine the cause of soaking tower is used to quench coke, except as complete coking established in the emissions that do not ignite specified in paragraphs (b)(2)(i) and (ii) written plan for any oven at any coking automatically, including emissions that of this section. time, you must remove the oven from result from raw coke oven gas leaking (i) You are not required to wash the service for repairs. from the collecting main through the baffles in a quench tower if the highest (vii) For an oven that has been damper, and emissions that result from measured ambient temperature remains repaired and returned to service after incomplete coking. less than 30 degrees Fahrenheit being removed from service in (4) If soaking emissions are caused by throughout that day (24-hour period). If accordance with paragraph (a)(4)(vi) of leaks from the collecting main, take the measured ambient temperature rises this section, you must measure and corrective actions to eliminate the to 30 degrees Fahrenheit or more during record the temperatures of all flues for soaking emissions. Corrective actions the day, you must resume daily washing the oven within 2 hours before the first may include, but are not limited to, according to the schedule in your scheduled pushing time. If any flue reseating the damper, cleaning the operation and maintenance plan. temperature measurement is below the flushing liquor piping, using aspiration, (ii) You must continuously record the minimum flue temperature for the putting the oven back on the collecting ambient temperature on days that the scheduled coking time, as established in main, or igniting the emissions. baffles were not washed. the written plan, you must repeat the (5) If soaking emissions are not caused (3) You must inspect each quench procedures described in paragraphs by leaks from the collecting main, notify tower monthly for damaged or missing (a)(4)(iii) and (iv) of this section. a designated responsible party. The baffles and blockage. (viii) For an oven that has been responsible party must determine (4) You must initiate repair or repaired and returned to service after whether the soaking emissions are due replacement of damaged or missing removal from service in accordance to incomplete coking. If incomplete baffles within 30 days and complete as with paragraph (a)(4)(vi) of this section, coking is the cause of the soaking soon as practicable. you must report as a deviation to the emissions, you must put the oven back (c) As provided in § 63.6(g), you may permitting authority any flue on the collecting main until it is request to use an alternative to the work temperature measurement made during completely coked or you must ignite the practice standards in paragraph (b) of the initial coking cycle after return to emissions. this section.
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§ 63.7296 What emission limitations must I include observations of the physical Initial Compliance Requirements meet for battery stacks? appearance of the equipment (e.g., You must not discharge to the presence of holes in ductwork or hoods, § 63.7320 By what date must I conduct performance tests or other initial atmosphere any emissions from any flow constrictions caused by dents or compliance demonstrations? battery stack at a new or existing by- accumulated dust in ductwork, and fan (a) As required in § 63.7(a)(2), you product coke oven battery that exhibit erosion). The operation and must conduct a performance test to an opacity greater than the applicable maintenance plan must also include demonstrate compliance with each limit limit in paragraphs (a) and (b) of this requirements to repair any defect or in § 63.7290(a) for emissions of section. deficiency in the capture system before particulate matter from a control device (a) Daily average of 15 percent opacity the next scheduled inspection. applied to pushing emissions that for a battery on a normal coking cycle. (2) Preventative maintenance for each applies to you within 180 calendar days (b) Daily average of 20 percent opacity control device, including a preventative after the compliance date that is for a battery on batterywide extended maintenance schedule that is consistent specified in § 63.7283. coking. with the manufacturer’s instructions for (b) You must conduct performance routine and long-term maintenance. Operation and Maintenance tests to demonstrate compliance with (3) Corrective action for all baghouses Requirements the TDS limit or constituent limit for applied to pushing emissions. In the quench water in § 63.7295(a)(1) and § 63.7300 What are my operation and event a bag leak detection system alarm each opacity limit in § 63.7297(a) for a maintenance requirements? is triggered, you must initiate corrective by-product coke oven battery stack by (a) As required by § 63.6(e)(1)(i), you action to determine the cause of the the compliance date that is specified in must always operate and maintain your alarm within 1 hour of the alarm, § 63.7283. affected source, including air pollution initiate corrective action to correct the (c) For each work practice standard control and monitoring equipment, in a cause of the problem within 24 hours of and operation and maintenance manner consistent with good air the alarm, and complete the corrective requirement that applies to you, you pollution control practices for action as soon as practicable. Actions must demonstrate initial compliance minimizing emissions at least to the may include, but are not limited to: within 30 calendar days after the levels required by this subpart. (i) Inspecting the baghouse for air compliance date that is specified in (b) You must prepare and operate at leaks, torn or broken bags or filter § 63.7283. all times according to a written media, or any other condition that may (d) If you commenced construction or operation and maintenance plan for the cause an increase in emissions. reconstruction between July 3, 2001 and general operation and maintenance of (ii) Sealing off defective bags or filter April 14, 2003, you must demonstrate new or existing by-product coke oven media. initial compliance with either the batteries. Each plan must address, at a (iii) Replacing defective bags or filter proposed emission limit or the minimum, the elements listed in media or otherwise repairing the control promulgated emission limit no later paragraphs (b)(1) through (6) of this device. than October 14, 2003, or no later than section. (iv) Sealing off a defective baghouse 180 calendar days after startup of the (1) Frequency and method of compartment. source, whichever is later, according to recording underfiring gas parameters. (v) Cleaning the bag leak detection § 63.7(a)(2)(ix). (2) Frequency and method of system probe, or otherwise repairing the (e) If you commenced construction or recording battery operating temperature, bag leak detection system. reconstruction between July 3, 2001 and including measurement of individual (vi) Shutting down the process April 14, 2003, and you chose to comply flue and cross-wall temperatures. producing the particulate emissions. with the proposed emission limit when (3) Procedures to prevent pushing an General Compliance Requirements demonstrating initial compliance, you oven before it is fully coked. must conduct a second performance test (4) Procedures to prevent § 63.7310 What are my general to demonstrate compliance with the overcharging and undercharging of requirements for complying with this promulgated emission limit by October ovens, including measurement of coal subpart? 11, 2006, or after startup of the source, moisture, coal bulk density, and (a) You must be in compliance with whichever is later, according to procedures for determining volume of the emission limitations, work practice § 63.7(a)(2)(ix). coal charged. standards, and operation and (5) Frequency and procedures for maintenance requirements in this § 63.7321 When must I conduct subsequent performance tests? inspecting flues, burners, and nozzles. subpart at all times, except during (6) Schedule and procedures for the periods of startup, shutdown, and For each control device subject to an daily washing of baffles. malfunction as defined in § 63.2. emission limit for particulate matter in (c) You must prepare and operate at (b) During the period between the § 63.7290(a), you must conduct all times according to a written compliance date specified for your subsequent performance tests no less operation and maintenance plan for affected source in § 63.7283 and the date frequently than twice (at mid-term and each capture system and control device upon which continuous monitoring renewal) during each term of your title applied to pushing emissions from a systems have been installed and V operating permit. new or existing coke oven battery. Each certified and any applicable operating § 63.7322 What test methods and other plan must address at a minimum the limits have been set, you must maintain procedures must I use to demonstrate elements in paragraphs (c)(1) through a log detailing the operation and initial compliance with the emission limits (3) of this section. maintenance of the process and for particulate matter? (1) Monthly inspections of the emissions control equipment. (a) You must conduct each equipment that are important to the (c) You must develop and implement performance test that applies to your performance of the total capture system a written startup, shutdown, and affected source according to the (e.g., pressure sensors, dampers, and malfunction plan according to the requirements in paragraph (b) of this damper switches). This inspection must provisions in § 63.6(e)(3). section.
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(b) To determine compliance with the T = Total time during a run that a operating limit is the lowest fan motor emission limit for particulate matter sample is withdrawn from the stack amperes recorded during any of the from a control device applied to during pushing, hr; three runs that meet the emission limit. pushing emissions where a cokeside P = Total amount of coke pushed during (2) If you elect the operating limit in shed is the capture system, follow the the test run, tons; and § 63.7290(b)(3)(ii) for volumetric flow test methods and procedures in K = Conversion factor, 7,000 gr/lb. rate, measure and record the total paragraphs (b)(1) and (2) of this section. volumetric flow rate at the inlet of the § 63.7323 What procedures must I use to control device during each push To determine compliance with a establish operating limits? process-weighted mass rate of sampled for each particulate matter test particulate matter (lb/ton of coke) from (a) For a venturi scrubber applied to run. Your operating limit is the lowest a control device applied to pushing pushing emissions from a coke oven volumetric flow rate recorded during emissions where a cokeside shed is not battery, you must establish site-specific any of the three runs that meet the used, follow the test methods and operating limits for pressure drop and emission limit. procedures in paragraphs (b)(1) through scrubber water flow rate according to (d) You may change the operating (4) of this section. the procedures in paragraphs (a)(1) and limit for a scrubber or capture system if (2) of this section. (1) Determine the concentration of you meet the requirements in (1) Using the continuous parameter particulate matter according to the paragraphs (d)(1) through (3) of this monitoring systems (CPMS) required in following test methods in appendix A to section. § 63.7330(b), measure and record the 40 CFR part 60. (1) Submit a written notification to pressure drop and scrubber water flow (i) Method 1 to select sampling port the Administrator of your request to rate for each particulate matter test run conduct a new performance test to locations and the number of traverse during periods of pushing. A minimum points. Sampling sites must be located revise the operating limit. of one pressure drop measurement and (2) Conduct a performance test to at the outlet of the control device and one scrubber water flow rate prior to any releases to the atmosphere. demonstrate that emissions of measurement must be obtained for each particulate matter from the control (ii) Method 2, 2F, or 2G to determine push. the volumetric flow rate of the stack gas. device do not exceed the applicable (2) Compute and record the average limit in § 63.7290(a). (iii) Method 3, 3A, or 3B to determine pressure drop and scrubber water flow (3) Establish revised operating limits the dry molecular weight of the stack rate for each test run. Your operating according to the applicable procedures gas. limits are the lowest average pressure in paragraph (a) through (c) of this (iv) Method 4 to determine the drop and scrubber water flow rate section. moisture content of the stack gas. values recorded during any of the three (v) Method 5 or 5D, as applicable, to runs that meet the applicable emission § 63.7324 What procedures must I use to determine the concentration of front limit. demonstrate initial compliance with the half particulate matter in the stack gas. (b) For a hot water scrubber applied opacity limits? (2) During each particulate matter test to pushing emissions from a coke oven (a) You must conduct each run, sample only during periods of battery, you must establish site-specific performance test that applies to your actual pushing when the capture system operating limits for water pressure and affected source according to the fan and control device are engaged. water temperature according to the requirements in paragraph (b) of this Collect a minimum sample volume of 30 procedures in paragraphs (b)(1) and (2) section. cubic feet of gas during each test run. of this section. (b) To determine compliance with the Three valid test runs are needed to (1) Using the CPMS required in daily average opacity limit for stacks of comprise a performance test. Each run § 63.7330(c), measure and record the hot 15 percent for a by-product coke oven must start at the beginning of a push water pressure and temperature for each battery on a normal coking cycle or 20 and finish at the end of a push (i.e., particulate matter test run during percent for a by-product coke oven sample for an integral number of periods of pushing. A minimum of one battery on batterywide extended coking, pushes). pressure measurement and one follow the test methods and procedures (3) Determine the total combined temperature measurement must be made in paragraphs (b)(1) through (3) of this weight in tons of coke pushed during just prior to each push by monitoring section. the duration of each test run according the hot water holding tank on the (1) Using the continuous opacity to the procedures in your source test mobile scrubber car. monitoring system (COMS) required in plan for calculating coke yield from the (2) Compute and record the average § 63.7330(e), measure and record the quantity of coal charged to an water pressure and temperature for each opacity of emissions from each battery individual oven. test run. Your operating limits are the stack for a 24-hour period. (4) Compute the process-weighted lowest pressure and temperature values (2) Reduce the monitoring data to hourly averages as specified in mass emissions (Ep) for each test run recorded during any of the three runs using Equation 1 of this section as that meet the applicable emission limit. § 63.8(g)(2). (3) Compute and record the 24-hour follows: (c) For a capture system applied to (daily) average of the COMS data. pushing emissions from a coke oven CQT×× E = (Eq. 1) battery, you must establish a site- § 63.7325 What test methods and other p PK× specific operating limit for the fan motor procedures must I use to demonstrate amperes or volumetric flow rate initial compliance with the TDS or Where: according to the procedures in constituent limits for quench water? Ep = Process weighted mass emissions of paragraph (c)(1) or (2) of this section. (a) If you elect the TDS limit for particulate matter, lb/ton; (1) If you elect the operating limit in quench water in § 63.7295(a)(1)(i), you C = Concentration of particulate matter, § 63.7290(b)(3)(i) for fan motor amperes, must conduct each performance test that gr/dscf; measure and record the fan motor applies to your affected source Q = Volumetric flow rate of stack gas, amperes during each push sampled for according to the conditions in dscf/hr; each particulate matter test run. Your paragraphs (a)(1) and (2) of this section.
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(1) Take the quench water sample § 63.7326 How do I demonstrate initial opacity limit for stacks in § 63.7296(a), from a location that provides a compliance with the emission limitations you have demonstrated initial representative sample of the quench that apply to me? compliance if the daily average opacity, water as applied to the coke (e.g., from (a) For each coke oven battery subject as measured according to the the header that feeds water to the to the emission limit for particulate performance test procedures in quench tower reservoirs). Conduct matter from a control device applied to § 63.7324(b), is no more than 15 percent sampling under normal and pushing emissions, you have for a battery on a normal coking cycle representative operating conditions. demonstrated initial compliance if you or 20 percent for a battery on (2) Determine the TDS concentration meet the requirements in paragraphs batterywide extended coking. of the sample using Method 160.1 in 40 (a)(1) through (4) of this section that (c) For each new or existing by- CFR part 136.3 (see ‘‘residue— apply to you. product coke oven battery subject to the filterable’’), except that you must dry (1) The concentration of particulate TDS limit or constituent limits for the total filterable residue at 103 to 105 matter, measured in accordance with quench water in § 63.7295(a)(1), °C (degrees Centigrade) instead of 180 the performance test procedures in (1) You have demonstrated initial °C. § 63.7322(b)(1) and (2), did not exceed compliance with the TDS limit in (b) If at any time you elect to meet the 0.01 gr/dscf for a control device where § 63.7295(a)(1)(i) if the TDS alternative requirements for quench a cokeside shed is used to capture concentration, as measured according to water in § 63.7295(a)(1)(ii), you must pushing emissions or the process- the performance test procedures in establish a site-specific constituent limit weighted mass rate of particulate matter § 63.7325(a), does not exceed 1,100 mg/ according to the procedures in (lb/ton of coke), measured in accordance L. paragraphs (b)(1) through (4) of this with the performance test procedures in (2) You have demonstrated initial section. § 63.7322(b)(1) through (4), did not compliance with the constituent limit in (1) Take a minimum of nine quench exceed: § 63.7295(a)(1)(ii) if: water samples from a location that (i) 0.02 lb/ton of coke if a moveable (i) You have established a site-specific provides a representative sample of the hood vented to a stationary control constituent limit according to the quench water as applied to the coke device is used to capture emissions; procedures in § 63.7325(b); and (e.g., from the header that feeds water to (ii) If a mobile scrubber car that does (ii) The sum of the constituent the quench tower reservoirs). Conduct not capture emissions during travel is concentrations, as measured according sampling under normal and used, 0.03 lb/ton of coke from a control to the performance test procedures in representative operating conditions. device applied to pushing emissions § 63.7325(c), is less than or equal to the (2) For each sample, determine the from a short coke oven battery or 0.01 site-specific limit. TDS concentration according to the lb/ton of coke from a control device (d) For each by-product coke oven requirements in paragraph (a)(2) of this applied to pushing emissions from a tall battery stack subject to an opacity limit section and the concentration of coke oven battery; and in § 63.7296(a) and each by-product benzene, benzo(a)pyrene, and (iii) 0.04 lb/ton of coke if a mobile coke oven battery subject to the naphthalene using the applicable scrubber car that captures emissions requirements for quench water in methods in 40 CFR part 136 or an during travel is used. § 63.7295(a)(1), you must submit a approved alternative method. (2) For each venturi scrubber applied notification of compliance status (3) Determine and record the highest to pushing emissions, you have containing the results of the COMS sum of the concentrations of benzene, established appropriate site-specific performance test for battery stacks and benzo(a)pyrene, and naphthalene in any operating limits and have a record of the the quench water performance test (TDS sample that has a TDS concentration pressure drop and scrubber water flow or constituent limit) according to less than or equal to the TDS limit of rate measured during the performance § 63.7340(e)(1). For each particulate 1,100 mg/L. This concentration is the test in accordance with § 63.7323(a). matter emission limitation that applies site-specific constituent limit. (3) For each hot water scrubber to you, you must submit a notification (4) Submit the site-specific limit, applied to pushing emissions, you have of compliance status containing the sampling results, and all supporting established appropriate site-specific results of the performance test according data and calculations to your permitting operating limits and have a record of the to § 63.7340(e)(2). authority for review and approval. water pressure and temperature (c) If you elect the constituent limit measured during the performance test in § 63.7327 How do I demonstrate initial for quench water in § 63.7295(a)(1)(ii), accordance with § 63.7323(b). compliance with the work practice you must conduct each performance test (4) For each capture system applied to standards that apply to me? that applies to your affected source pushing emissions, you have (a) For each by-product coke oven according to the conditions in established an appropriate site-specific battery with vertical flues subject to the paragraphs (c)(1) and (2) of this section. operating limit, and: work practice standards for fugitive (1) Take a quench water sample from (i) If you elect the operating limit in pushing emissions in § 63.7291(a), you a location that provides a representative § 63.7290(b)(3)(i) for fan motor amperes, have demonstrated initial compliance if sample of the quench water as applied you have a record of the fan motor you certify in your notification of to the coke (e.g., from the header that amperes during the performance test in compliance status that you will meet feeds water to the quench tower accordance with § 63.7323(c)(1); or each of the work practice requirements reservoirs). Conduct sampling under (ii) If you elect the operating limit in beginning no later than the compliance normal and representative operating § 63.7290(b)(3)(ii) for volumetric flow date that is specified in § 63.7283. conditions. rate, you have a record of the total (b) For each by-product coke oven (2) Determine the sum of the volumetric flow rate at the inlet of the battery with horizontal flues subject to concentration of benzene, control device measured during the the work practice standards for fugitive benzo(a)pyrene, and naphthalene in the performance test in accordance with pushing emissions in § 63.7292(a), you sample using the applicable methods in § 63.7323(c)(2). have demonstrated initial compliance if 40 CFR part 136 or an approved (b) For each new or existing by- you have met the requirements of alternative method. product coke oven battery subject to the paragraphs (b)(1) and (2) of this section:
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(1) You have prepared and submitted (b) You will operate each by-product at all times monitor the water pressure a written plan and supporting coke oven battery and each capture and temperature using a CPMS documentation establishing appropriate system and control device applied to according to the requirements in minimum flue temperatures for different pushing emissions from a coke oven § 63.7331(f). coking times and the lowest acceptable battery according to the procedures in (d) For each capture system applied to temperature to the Administrator (or the plans beginning no later than the pushing emissions, you must at all delegated authority) for review and compliance date that is specified in times monitor the fan motor amperes approval; and § 63.7283; according to the requirements in (2) You certify in your notification of (c) You have prepared a site-specific § 63.7331(g) or the volumetric flow rate compliance status that you will meet monitoring plan according to the according to the requirements in each of the work practice requirements requirements in § 63.7331(b); and § 63.7331(h). beginning no later than the compliance (d) You submit a notification of (e) For each by-product coke oven date that is specified in § 63.7283. compliance status according to the battery, you must monitor at all times (c) For each non-recovery coke oven requirements in § 63.7340(e). the opacity of emissions exiting each battery subject to the work practice stack using a COMS according to the standards for fugitive pushing emissions Continuous Compliance Requirements requirements in § 63.7331(i). in § 63.7293(a), you have demonstrated § 63.7330 What are my monitoring § 63.7331 What are the installation, requirements? initial compliance if you certify in your operation, and maintenance requirements notification of compliance status that (a) For each baghouse applied to for my monitors? you will meet each of the work practice pushing emissions from a coke oven (a) For each baghouse applied to requirements beginning no later than battery, you must at all times monitor pushing emissions, you must install, the compliance date that is specified in the relative change in particulate matter operate, and maintain each bag leak § 63.7283. loadings using a bag leak detection detection system according to the (d) For each by-product coke oven system according to the requirements in requirements in paragraphs (a)(1) battery subject to the work practice § 63.7331(a) and conduct inspections at through (7) of this section. standards for soaking in § 63.7294, you their specified frequency according to (1) The system must be certified by have demonstrated initial compliance if the requirements in paragraphs (a)(1) the manufacturer to be capable of you have met the requirements of through (8) of this section. detecting emissions of particulate matter paragraphs (d)(1) and (2) of this section: (1) Monitor the pressure drop across at concentrations of 10 milligrams per (1) You have prepared and submitted each baghouse cell each day to ensure actual cubic meter (0.0044 grains per a written work practice plan in pressure drop is within the normal actual cubic foot) or less; accordance with § 63.7294(a); and operating range identified in the (2) The system must provide output of (2) You certify in your notification of manual; relative changes in particulate matter compliance status that you will meet (2) Confirm that dust is being loadings; each of the work practice requirements removed from hoppers through weekly (3) The system must be equipped with beginning no later than the compliance visual inspections or equivalent means an alarm that will sound when an date that is specified in § 63.7283. of ensuring the proper functioning of increase in relative particulate loadings (e) For each coke oven battery, you removal mechanisms; is detected over a preset level. The have demonstrated initial compliance (3) Check the compressed air supply alarm must be located such that it can with the work practice standards for for pulse-jet baghouses each day; be heard by the appropriate plant quenching in § 63.7295(b) if you certify (4) Monitor cleaning cycles to ensure personnel; in your notification of compliance status proper operation using an appropriate (4) Each system that works based on that you have met the requirements of methodology; the triboelectric effect must be installed, paragraphs (e)(1) and (2) of this section: (5) Check bag cleaning mechanisms operated, and maintained in a manner (1) You have installed the required for proper functioning through monthly consistent with the guidance document, equipment in each quench tower; and visual inspection or equivalent means; ‘‘Fabric Filter Bag Leak Detection (2) You will meet each of the work (6) Make monthly visual checks of bag Guidance’’ (EPA–454/R–98–015, practice requirements beginning no later tension on reverse air and shaker-type September 1997). You may install, than the compliance date that is baghouses to ensure that bags are not operate, and maintain other types of bag specified in § 63.7283. kinked (kneed or bent) or laying on their leak detection systems in a manner (f) For each work practice standard sides. You do not have to make this consistent with the manufacturer’s that applies to you, you must submit a check for shaker-type baghouses using written specifications and notification of compliance status self-tensioning (spring-loaded) devices; recommendations; according to the requirements in (7) Confirm the physical integrity of (5) To make the initial adjustment of § 63.7340(e)(1). the baghouse through quarterly visual the system, establish the baseline output § 63.7328 How do I demonstrate initial inspections of the baghouse interior for by adjusting the sensitivity (range) and compliance with the operation and air leaks; and the averaging period of the device. maintenance requirements that apply to (8) Inspect fans for wear, material Then, establish the alarm set points and me? buildup, and corrosion through the alarm delay time; You have demonstrated initial quarterly visual inspections, vibration (6) Following the initial adjustment, compliance if you certify in your detectors, or equivalent means. do not adjust the sensitivity or range, notification of compliance status that (b) For each venturi scrubber applied averaging period, alarm set points, or you have met the requirements of to pushing emissions, you must at all alarm delay time, except as detailed in paragraphs (a) through (d) of this times monitor the pressure drop and your operation and maintenance plan. section: water flow rate using a CPMS according Do not increase the sensitivity by more (a) You have prepared the operation to the requirements in § 63.7331(e). than 100 percent or decrease the and maintenance plans according to the (c) For each hot water scrubber sensitivity by more than 50 percent over requirements in § 63.7300(b) and (c); applied to pushing emissions, you must a 365-day period unless a responsible
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official certifies, in writing, that the according to the requirements in adjustments), you must monitor baghouse has been inspected and found paragraphs (b) through (d) of this continuously (or collect data at all to be in good operating condition; and section, except as specified in required intervals) at all times the (7) Where multiple detectors are paragraphs (e)(1) through (3) of this affected source is operating. required, the system’s instrumentation section. (b) You may not use data recorded and alarm may be shared among (g) If you elect the operating limit in during monitoring malfunctions, detectors. § 63.7290(b)(3)(i) for a capture system associated repairs, and required quality (b) For each CPMS required in applied to pushing emissions, you must assurance or control activities in data § 63.7330, you must develop and make install, operate, and maintain a device averages and calculations used to report available for inspection upon request by to measure the fan motor amperes. emission or operating levels, or in the permitting authority a site-specific (h) If you elect the operating limit in fulfilling a minimum data availability monitoring plan that addresses the § 63.7290(b)(3)(ii) for a capture system requirement, if applicable. You must requirements in paragraphs (b)(1) applied to pushing emissions, you must use all the data collected during all through (6) of this section. install, operate, and maintain a device other periods in assessing compliance. (1) Installation of the CPMS sampling to measure the total volumetric flow rate A monitoring malfunction is any probe or other interface at a at the inlet of the control device. sudden, infrequent, not reasonably measurement location relative to each (i) For each by-product coke oven preventable failure of the monitor to affected process unit such that the battery, you must install, operate, and provide valid data. Monitoring failures measurement is representative of maintain a COMS to measure and record that are caused in part by poor control of the exhaust emissions (e.g., the opacity of emissions exiting each maintenance or careless operation are on or downstream of the last control stack according to the requirements in not malfunctions. device); paragraphs (i)(1) through (5) of this (2) Performance and equipment section. § 63.7333 How do I demonstrate specifications for the sample interface, (1) You must install, operate, and continuous compliance with the emission limitations that apply to me? the parametric signal analyzer, and the maintain each COMS according to the data collection and reduction system; requirements in § 63.8(e) and (a) For each control device applied to (3) Performance evaluation Performance Specification 1 in 40 CFR pushing emissions and subject to the procedures and acceptance criteria (e.g., part 60, appendix B. Identify periods the emission limit in § 63.7290(a), you must calibrations); COMS is out-of-control, including any demonstrate continuous compliance by (4) Ongoing operation and periods that the COMS fails to pass a meeting the requirements in paragraphs maintenance procedures in accordance daily calibration drift assessment, (a)(1) and (2) of this section: with the general requirements of quarterly performance audit, or annual (1) Maintaining emissions of §§ 63.8(c)(1), (3), (4)(ii), (7), and (8); zero alignment audit. particulate matter at or below the (5) Ongoing data quality assurance (2) You must conduct a performance applicable limits in paragraphs procedures in accordance with the evaluation of each COMS according to § 63.7290(a)(1) through (4); and general requirements of § 63.8(d); and the requirements in § 63.8 and (2) Conducting subsequent (6) Ongoing recordkeeping and Performance Specification 1 in performance tests to demonstrate reporting procedures in accordance the appendix B to 40 CFR part 60; continuous compliance no less general requirements of §§ 63.10(c), (3) You must develop and implement frequently than twice during each term (e)(1), and (e)(2)(i). a quality control program for operating of your title V operating permit (at mid- (c) You must conduct a performance and maintaining each COMS according term and renewal). evaluation of each CPMS in accordance to the requirements in § 63.8(d). At (b) For each venturi scrubber applied with your site-specific monitoring plan. minimum, the quality control program to pushing emissions and subject to the (d) You must operate and maintain must include a daily calibration drift operating limits in § 63.7290(b)(1), you the CPMS in continuous operation assessment, quarterly performance must demonstrate continuous according to the site-specific monitoring audit, and an annual zero alignment compliance by meeting the plan. audit of each COMS; requirements in paragraphs (b)(1) (e) For each venturi scrubber applied (4) Each COMS must complete a through (3) of this section. to pushing emissions, you must install, minimum of one cycle of sampling and (1) Maintaining the daily average operate, and maintain CPMS to measure analyzing for each successive 10-second pressure drop and scrubber water flow and record the pressure drop across the period and one cycle of data recording rate at levels no lower than those scrubber and scrubber water flow rate for each successive 6-minute period. established during the initial or during each push according to the You must reduce the COMS data as subsequent performance test. requirements in paragraphs (b) through specified in § 63.8(g)(2). (2) Operating and maintaining each (d) of this section except as specified in (5) You must determine and record CPMS according to § 63.7331(b) and paragraphs (e)(1) through (3) of this the hourly and daily (24-hour) average recording all information needed to section. opacity according to the procedures in document conformance with these (1) Each CPMS must complete a § 63.7324(b) using all the 6-minute requirements. measurement at least once per push; averages collected for periods during (3) Collecting and reducing (2) Each CPMS must produce valid which the COMS is not out-of-control. monitoring data for pressure drop and data for all pushes; and scrubber water flow rate according to (3) Each CPMS must determine and § 63.7332 How do I monitor and collect § 63.7331(e)(1) through (3). record the daily (24-hour) average of all data to demonstrate continuous (c) For each hot water scrubber recorded readings. compliance? applied to pushing emissions and (f) For each hot water scrubber (a) Except for monitor malfunctions, subject to the operating limits in applied to pushing emissions, you must associated repairs, and required quality § 63.7290(b)(2), you must demonstrate install, operate, and maintain CPMS to assurance or control activities continuous compliance by meeting the measure and record the water pressure (including as applicable, calibration requirements in paragraphs (c)(1) and temperature during each push checks and required zero and span through (3) of this section.
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(1) Maintaining the daily average (1) Maintaining the TDS content of (4) Record pushing opacity water pressure and temperature at levels the water used to quench hot coke at observations at 15-second intervals as no lower than those established during 1,100 mg/L or less; and required in section 2.4 of Method 9 the initial or subsequent performance (2) Determining the TDS content of (appendix A to 40 CFR part 60). The test. the quench water at least weekly requirement in section 2.4 of Method 9 (2) Operating and maintaining each according to the requirements in for a minimum of 24 observations does CPMS according to § 63.7331(b) and § 63.7325(a) and recording the sample not apply, and the data reduction recording all information needed to results. requirements in section 2.5 of Method 9 document conformance with these (g) Beginning on the first day do not apply. The requirement in requirements. compliance is required under § 63.7283, § 63.6(h)(5)(ii)(B) for obtaining at least 3 (3) Collecting and reducing you must demonstrate continuous hours of observations (thirty 6-minute monitoring data for water pressure and compliance with the constituent limit averages) to demonstrate initial temperature according to § 63.7331(f). for quenching in § 63.7295(a)(1)(ii) by compliance does not apply. (d) For each capture system applied to meeting the requirements in paragraphs (5) If fewer than six but at least four pushing emissions and subject to the (g)(1) and (2) of this section: 15-second observations can be made, use the average of the total number of operating limit in § 63.7290(b)(3), you (1) Maintaining the sum of the observations to calculate average must demonstrate continuous concentrations of benzene, opacity for the push. Missing one or compliance by meeting the benzo(a)pyrene, and naphthalene in the more observations during the push (e.g., requirements in paragraph (d)(1) or (2) water used to quench hot coke at levels as the quench car passes behind a of this section: less than or equal to the site-specific (1) If you elect the operating limit for building) does not invalidate the limit approved by the permitting fan motor amperes in § 63.7290(b)(3)(i): observations before or after the authority; and (i) Maintaining the daily average fan interference for that push. However, a motor amperes at or above the minimum (2) Determining the sum of the minimum of four 15-second readings level established during the initial or constituent concentrations at least must be made for a valid observation. subsequent performance test; and monthly according to the requirements (6) Begin observations for a push at (ii) Checking the fan motor amperes at in § 63.7325(c) and recording the sample the first detectable movement of the least every 8 hours to verify the daily results. coke mass. End observations of a push average is at or above the minimum § 63.7334 How do I demonstrate when the quench car enters the quench level established during the initial or continuous compliance with the work tower. subsequent performance test and practice standards that apply to me? (i) For a battery without a cokeside shed, observe fugitive pushing recording the results of each check. (a) For each by-product coke oven emissions from a position at least 10 (2) If you elect the operating limit for battery with vertical flues subject to the meters from the quench car that volumetric flow rate in work practice standards for fugitive provides an unobstructed view and § 63.7290(b)(3)(ii): pushing emissions in § 63.7291(a), you (i) Maintaining the daily average avoids interferences from the topside of must demonstrate continuous volumetric flow rate at the inlet of the the battery. This may require the compliance according to the control device at or above the minimum observer to be positioned at an angle to requirements of paragraphs (a)(1) level established during the initial or the quench car rather than through (8) of this section: subsequent performance test; and perpendicular to it. Typical (ii) Checking the volumetric flow rate (1) Observe and record the opacity of interferences to avoid include emissions at least every 8 hours to verify the daily fugitive emissions for four consecutive from open standpipes and charging. average is at or above the minimum pushes per operating day, except you Observe the opacity of emissions above level established during the initial or may make fewer or non-consecutive the battery top with the sky as the subsequent performance test and observations as permitted by background where possible. Record the recording the results of each check. § 63.7291(a)(3). Maintain records of the oven number of any push not observed (e) Beginning on the first day pushing schedule for each oven and because of obstructions or interferences. compliance is required under § 63.7283, records indicating the legitimate (ii) For a battery with a cokeside shed, you must demonstrate continuous operational reason for any change in the the observer must be in a position that compliance for each by-product coke pushing schedule according to provides an unobstructed view and oven battery subject to the opacity limit § 63.7291(a)(4). avoids interferences from the topside of for stacks in § 63.7296(a) by meeting the (2) Observe and record the opacity of the battery. Typical interferences to requirements in paragraphs (e)(1) and fugitive emissions from each oven in a avoid include emissions from open (2) of this section: battery at least once every 90 days. If an standpipes and charging. Observations (1) Maintaining the daily average oven cannot be observed during a 90- must include any fugitive emissions that opacity at or below 15 percent for a day period, observe and record the escape from the top of the shed, from battery on a normal coking cycle or 20 opacity of the first push of that oven the ends of the shed, or from the area percent for a battery on batterywide following the close of the 90-day period where the shed is joined to the battery. extended coking; and that can be read in accordance with the If the observer does not have a clear (2) Operating and maintaining a procedures in paragraphs (a)(1) through view to identify when a push starts or COMS and collecting and reducing the (8) of this section. ends, a second person can be positioned COMS data according to § 63.7331(i). (3) Make all observations and to signal the start or end of the push and (f) Beginning on the first day calculations for opacity observations of notify the observer when to start or end compliance is required under § 63.7283, fugitive pushing emissions in the observations. Radio communications you must demonstrate continuous accordance with Method 9 in appendix with other plant personnel (e.g., compliance with the TDS limit for A to 40 CFR part 60 using a Method 9 pushing ram operator or quench car quenching in § 63.7295(a)(1)(i) by certified observer unless you have an operator) may also serve to notify the meeting the requirements in paragraphs approved alternative procedure under observer of the start or end of a push. (f)(1) and (2) of this section: paragraph (a)(7) of this section. Record the oven number of any push
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not observed because of obstructions or the open space above the coke bed and system alarm according to interferences. there was an unobstructed view of the § 63.7300(c)(3) and recording all (iii) You may reposition after the push door on the opposite side of the oven. information needed to document to observe emissions during travel if (d) For each by-product coke oven conformance with these requirements. necessary. battery subject to the work practice This includes records of the times the (7) If it is infeasible to implement the standard for soaking in § 63.7294(a), you bag leak detection system alarm sounds, procedures in paragraphs (a)(1) through must demonstrate continuous and for each valid alarm, the time you (6) of this section for an oven due to compliance by maintaining records that initiated corrective action, the corrective physical obstructions, nighttime pushes, document conformance with action(s) taken, and the date on which or other reasons, you may apply to your requirements in § 63.7294(a)(1) through corrective action is completed. permitting authority for permission to (5). (c) To demonstrate continuous use an alternative procedure. The (e) For each coke oven battery subject compliance with the operation and application must provide a detailed to the work practice standard for maintenance requirements for a explanation of why it is infeasible to use quenching in § 63.7295(b), you must baghouse applied to pushing emissions the procedures in paragraphs (a)(1) demonstrate continuous compliance from a coke oven battery in § 63.7331(a), through (6) of this section, identify the according to the requirements of you must inspect and maintain each oven and battery numbers, and describe paragraphs (e)(1) through (3) of this baghouse according to the requirements the alternative procedure. An alternative section: in § 63.7331(a)(1) through (8) and record (1) Maintaining baffles in each quench procedure must identify whether the all information needed to document tower such that no more than 5 percent coke in that oven is not completely conformance with these requirements. If of the cross-sectional area of the tower coked, either before, during, or after an you increase or decrease the sensitivity is uncovered or open to the sky as oven is pushed. of the bag leak detection system beyond (8) For each oven observed that required in § 63.7295(b)(1); the limits specified in § 63.7331(a)(6), exceeds an opacity of 30 percent for any (2) Maintaining records that you must include a copy of the required short battery or 35 percent for any tall document conformance with the written certification by a responsible battery, you must take corrective action washing, inspection, and repair official in the next semiannual and/or increase the coking time in requirements in § 63.7295(b)(2), compliance report. accordance with § 63.7291(a). Maintain including records of the ambient records documenting conformance with temperature on any day that the baffles (d) You must maintain a current copy the requirements in § 63.7291(a). were not washed; and of the operation and maintenance plans (b) For each by-product coke oven (3) Maintaining records of the source required in § 63.7300(b) and (c) onsite battery with horizontal flues subject to of makeup water to document and available for inspection upon the work practice standards for fugitive conformance with the requirement for request. You must keep the plans for the pushing emissions in § 63.7292(a), you acceptable makeup water in life of the affected source or until the must demonstrate continuous § 63.7295(a)(2). affected source is no longer subject to the requirements of this subpart. compliance by having met the § 63.7335 How do I demonstrate requirements of paragraphs (b)(1) continuous compliance with the operation § 63.7336 What other requirements must I through (3) of this section: and maintenance requirements that apply to meet to demonstrate continuous (1) Measuring and recording the me? compliance? temperature of all flues on two ovens (a) For each by-product coke oven (a) Deviations. You must report each per day within 2 hours before the oven’s battery, you must demonstrate instance in which you did not meet scheduled pushing time and ensuring continuous compliance with the each emission limitation in this subpart that the temperature of each oven is operation and maintenance that applies to you. This includes measured and recorded at least once requirements in § 63.7300(b) by periods of startup, shutdown, and every month; adhering at all times to the plan (2) Recording the time each oven is malfunction. You must also report each requirements and recording all instance in which you did not meet charged and pushed and calculating and information needed to document recording the net coking time for each each work practice standard or conformance. operation and maintenance requirement oven; and (b) For each coke oven battery with a (3) Increasing the coking time for each in this subpart that applies to you. capture system or control device These instances are deviations from the oven that falls below the minimum flue applied to pushing emissions, you must emission limitations (including temperature trigger established for that demonstrate continuous compliance operating limits), work practice oven’s coking time in the written plan with the operation and maintenance standards, and operation and required in § 63.7292(a)(1), assigning the requirements in § 63.7300(c) by meeting maintenance requirements in this oven to the oven-directed program, and the requirements of paragraphs (b)(1) subpart. These deviations must be recording all relevant information through (3) of this section: according to the requirements in (1) Making monthly inspections of reported according to the requirements § 63.7292(a)(4) including, but not capture systems according to in § 63.7341. limited to, daily pushing schedules, § 63.7300(c)(1) and recording all (b) Startup, shutdowns, and diagnostic procedures, corrective information needed to document malfunctions. During periods of startup, actions, and oven repairs. conformance with these requirements; shutdown, and malfunction, you must (c) For each non-recovery coke oven (2) Performing preventative operate in accordance with your startup, battery subject to the work practice maintenance for each control device shutdown, and malfunction plan. standards in § 63.7293(a), you must according to § 63.7300(c)(2) and (1) Consistent with §§ 63.6(e) and demonstrate continuous compliance by recording all information needed to 63.7(e)(1), deviations that occur during maintaining records that document each document conformance with these a period of startup, shutdown, or visual inspection of an oven prior to requirements; and malfunction are not violations if you pushing and that the oven was not (3) Initiating and completing demonstrate to the Administrator’s pushed unless there was no smoke in corrective action for a bag leak detection satisfaction that you were operating in
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accordance with the startup, shutdown, § 63.7341 What reports must I submit and maintenance requirements for all and malfunction plan. when? affected sources except battery stacks. (2) The Administrator will determine (a) Compliance report due dates. The reports must include the whether deviations that occur during a Unless the Administrator has approved information in paragraphs (c)(1) through period of startup, shutdown, or a different schedule, you must submit (3) of this section, and as applicable, malfunction are violations, according to quarterly compliance reports for battery paragraphs (c)(4) through (8) of this the provisions in § 63.6(e). stacks and semiannual compliance section. reports for all other affected sources to (1) Company name and address. Notification, Reports, and Records your permitting authority according to (2) Statement by a responsible official, the requirements in paragraphs (a)(1) with the official’s name, title, and § 63.7340 What notifications must I submit through (4) of this section. and when? signature, certifying the truth, accuracy, (1) The first quarterly compliance and completeness of the content of the (a) You must submit all of the report for battery stacks must cover the report. notifications in §§ 63.6(h)(4) and (5), period beginning on the compliance (3) Date of report and beginning and 63.7(b) and (c), 63.8(e) and (f)(4), and date that is specified for your affected ending dates of the reporting period. 63.9(b) through (h) that apply to you by source in § 63.7283 and ending on the (4) If you had a startup, shutdown, or the specified dates. last date of the third calendar month. malfunction during the reporting period Each subsequent compliance report (b) As specified in § 63.9(b)(2), if you and you took actions consistent with must cover the next calendar quarter. your startup, shutdown, and startup your affected source before April (2) The first semiannual compliance malfunction plan, the compliance report 14, 2003, you must submit your initial report must cover the period beginning must include the information in notification no later than August 12, on the compliance date that is specified § 63.10(d)(5)(i). 2003. for your affected source in § 63.7283 and (5) If there were no deviations from (c) As specified in § 63.9(b)(3), if you ending on June 30 or December 31, the continuous compliance startup your new affected source on or whichever date comes first after the requirements in § 63.7333(e) for battery after April 14, 2003, you must submit compliance date that is specified for stacks, a statement that there were no your initial notification no later than your affected source. Each subsequent deviations from the emission limitations 120 calendar days after you become compliance report must cover the during the reporting period. If there subject to this subpart. semiannual reporting period from were no deviations from the continuous (d) If you are required to conduct a January 1 through June 30 or the semiannual reporting period from July 1 compliance requirements in §§ 63.7333 performance test, you must submit a through 63.7335 that apply to you (for notification of intent to conduct a through December 31. (3) All quarterly compliance reports all affected sources other than battery performance test at least 60 calendar for battery stacks must be postmarked or stacks), a statement that there were no days before the performance test is delivered no later than one calendar deviations from the emission scheduled to begin as required in month following the end of the limitations, work practice standards, or § 63.7(b)(1). quarterly reporting period. All operation and maintenance (e) If you are required to conduct a semiannual compliance reports must be requirements during the reporting performance test, opacity observation, postmarked or delivered no later than period. or other initial compliance July 31 or January 31, whichever date is (6) If there were no periods during demonstration, you must submit a the first date following the end of the which a continuous monitoring system notification of compliance status semiannual reporting period. (including COMS, continuous emission according to § 63.9(h)(2)(ii). (4) For each affected source that is monitoring system (CEMS), or CPMS) (1) For each initial compliance subject to permitting regulations was out-of-control as specified in demonstration that does not include a pursuant to 40 CFR part 70 or 40 CFR § 63.8(c)(7), a statement that there were performance test, you must submit the part 71, and if the permitting authority no periods during which a continuous notification of compliance status before has established dates for submitting monitoring system was out-of-control the close of business on the 30th semiannual reports pursuant to 40 CFR during the reporting period. calendar day following the completion 70.6(a)(3)(iii)(A) or 40 CFR (7) For each deviation from an of the initial compliance demonstration. 71.6(a)(3)(iii)(A), you may submit the emission limitation in this subpart first and subsequent compliance reports (including quench water limits) and for (2) For each initial compliance according to the dates the permitting each deviation from the requirements demonstration that does include a authority has established instead of for work practice standards in this performance test, you must submit the according to the dates in paragraphs subpart that occurs at an affected source notification of compliance status, (a)(1) through (3) of this section. where you are not using a continuous including the performance test results, (b) Quarterly compliance report monitoring system (including a COMS, before the close of business on the 60th contents. Each quarterly report must CEMS, or CPMS) to comply with the calendar day following completion of provide information on compliance emission limitations in this subpart, the the performance test according to with the emission limitations for battery compliance report must contain the § 63.10(d)(2). stacks in § 63.7296. The reports must information in paragraphs (c)(4) and (f) For each by-product coke oven include the information in paragraphs (7)(i) and (ii) of this section. This battery with horizontal flues, you must (c)(1) through (3), and as applicable, includes periods of startup, shutdown, notify the Administrator (or delegated paragraphs (c)(4) through (8) of this and malfunction. authority) of the date on which the section. (i) The total operating time of each study of flue temperatures required by (c) Semiannual compliance report affected source during the reporting § 63.7292(a)(3) will be initiated. You contents. Each compliance report must period. must submit this notification no later provide information on compliance (ii) Information on the number, than 7 days prior to the date you initiate with the emission limitations, work duration, and cause of deviations the study. practice standards, and operation and (including unknown cause, if
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applicable) as applicable and the according to the requirements in to show continuous compliance with corrective action taken. § 63.10(d)(5)(ii). each emission limitation, work practice (8) For each deviation from an (e) Part 70 monitoring report. If you standard, and operation and emission limitation occurring at an have obtained a title V operating permit maintenance requirement that applies to affected source where you are using a for an affected source pursuant to 40 you. continuous monitoring system CFR part 70 or 40 CFR part 71, you must (including COMS, CEMS, or CPMS) to report all deviations as defined in this § 63.7343 In what form and how long must I keep my records? comply with the emission limitation in subpart in the semiannual monitoring this subpart, you must include the report required by 40 CFR (a) You must keep your records in a information in paragraphs (c)(4) and 70.6(a)(3)(iii)(A) or 40 CFR form suitable and readily available for (8)(i) through (xii) of this section. This 71.6(a)(3)(iii)(A). If you submit a expeditious review, according to includes periods of startup, shutdown, compliance report for an affected source § 63.10(b)(1). and malfunction. along with, or as part of, the semiannual (b) As specified in § 63.10(b)(1), you (i) The date and time that each monitoring report required by 40 CFR must keep each record for 5 years malfunction started and stopped. 70.6(a)(3)(iii)(A) or 40 CFR following the date of each occurrence, (ii) The date and time that each 71.6(a)(3)(iii)(A), and the compliance measurement, maintenance, corrective continuous monitoring system report includes all the required action, report, or record. (including COMS, CEMS, or CPMS) was information concerning deviations from (c) You must keep each record on site inoperative, except for zero (low-level) any emission limitation or work practice for at least 2 years after the date of each and high-level checks. standard in this subpart, submission of occurrence, measurement, maintenance, (iii) The date, time, and duration that the compliance report satisfies any corrective action, report, or record, each continuous monitoring system obligation to report the same deviations according to § 63.10(b)(1). You can keep (including COMS, CEMS, or CPMS) was in the semiannual monitoring report. the records offsite for the remaining 3 out-of-control, including the However, submission of a compliance years. information in § 63.8(c)(8). report does not otherwise affect any Other Requirements and Information (iv) The date and time that each obligation you may have to report deviation started and stopped, and deviations from permit requirements to § 63.7350 What parts of the General whether each deviation occurred during your permitting authority. Provisions apply to me? a period of startup, shutdown, or Table 1 to this subpart shows which malfunction or during another period. § 63.7342 What records must I keep? parts of the General Provisions in (v) A summary of the total duration of (a) You must keep the records §§ 63.1 through 63.15 apply to you. the deviation during the reporting specified in paragraphs (a)(1) through period and the total duration as a (3) of this section. § 63.7351 Who implements and enforces this subpart? percent of the total source operating (1) A copy of each notification and time during that reporting period. report that you submitted to comply (a) This subpart can be implemented (vi) A breakdown of the total duration with this subpart, including all and enforced by us, the United States of the deviations during the reporting documentation supporting any initial Environmental Protection Agency (U.S. period into those that are due to startup, notification or notification of EPA), or a delegated authority such as shutdown, control equipment problems, compliance status that you submitted, your State, local, or tribal agency. If the process problems, other known causes, according to the requirements in U.S. EPA Administrator has delegated and other unknown causes. § 63.10(b)(2)(xiv). authority to your State, local, or tribal (vii) A summary of the total duration (2) The records in § 63.6(e)(3)(iii) agency, then that agency has the of continuous monitoring system through (v) related to startup, shutdown, authority to implement and enforce this downtime during the reporting period and malfunction. subpart. You should contact your U.S. and the total duration of continuous (3) Records of performance tests, EPA Regional Office to find out if this monitoring system downtime as a performance evaluations, and opacity subpart is delegated to your State, local, percent of the total source operating observations as required in or tribal agency. time during the reporting period. § 63.10(b)(2)(viii). (b) In delegating implementation and (viii) An identification of each HAP (b) For each COMS or CEMS, you enforcement authority of this subpart to that was monitored at the affected must keep the records specified in a State, local, or tribal agency under source. paragraphs (b)(1) through (4) of this subpart E of this part, the authorities (ix) A brief description of the process section. contained in paragraph (c) of this units. (1) Records described in section are retained by the (x) A brief description of the § 63.10(b)(2)(vi) through (xi). Administrator of the U.S. EPA and are continuous monitoring system. (2) Monitoring data for COMS during not transferred to the State, local, or (xi) The date of the latest continuous a performance evaluation as required in tribal agency. monitoring system certification or audit. § 63.6(h)(7)(i) and (ii). (c) The authorities in paragraphs (c)(1) (xii) A description of any changes in (3) Previous (that is, superceded) through (6) of this section will not be continuous monitoring systems, versions of the performance evaluation delegated to State, local, or tribal processes, or controls since the last plan as required in § 63.8(d)(3). agencies. reporting period. (4) Records of the date and time that (1) Approval of alternatives to work (d) Immediate startup, shutdown, and each deviation started and stopped, and practice standards for fugitive pushing malfunction report. If you had a startup, whether the deviation occurred during a emissions in § 63.7291(a) for a by- shutdown, or malfunction during the period of startup, shutdown, or product coke oven battery with vertical semiannual reporting period that was malfunction or during another period. flues, fugitive pushing emissions in not consistent with your startup, (c) You must keep the records in § 63.7292(a) for a by-product coke oven shutdown, and malfunction plan, you § 63.6(h)(6) for visual observations. battery with horizontal flues, fugitive must submit an immediate startup, (d) You must keep the records pushing emissions in § 63.7293 for a shutdown, and malfunction report required in §§ 63.7333 through 63.7335 non-recovery coke oven battery, soaking
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for a by-product coke oven battery in produce coke and coke oven gas from walls and operated as a unit, where coal § 63.7294(a), and quenching for a coke which by-products are recovered. undergoes destructive distillation under oven battery in § 63.7295(b) under By-product recovery plant area means negative pressure to produce coke, and § 63.6(g). that area of the coke plant where which is designed for the combustion of (2) Approval of alternative opacity process units subject to subpart L in part the coke oven gas from which by- emission limitations for a by-product 61 are located. products are not recovered. coke oven battery under § 63.6(h)(9). Coke oven battery means a group of Oven means a chamber in the coke (3) Approval of major alternatives to ovens connected by common walls, oven battery in which coal undergoes test methods under § 63.7(e)(2)(ii) and where coal undergoes destructive destructive distillation to produce coke. (f) and as defined in § 63.90, except for distillation to produce coke. A coke Pushing means the process of alternative procedures in oven battery includes by-product and removing the coke from the oven. § 63.7334(a)(7). non-recovery processes. Pushing begins with the first detectable (4) Approval of major alternatives to Coke plant means a facility that movement of the coke mass and ends monitoring under § 63.8(f) and as produces coke from coal in either a by- when the quench car enters the quench defined in § 63.90. product coke oven battery or a non- tower. (5) Approval of major alternatives to recovery coke oven battery. Quenching means the wet process of Cokeside shed means a structure used recordkeeping and reporting under cooling (wet quenching) the hot to capture pushing emissions that § 63.10(f) and as defined in § 63.90. incandescent coke by direct contact encloses the cokeside of the battery and (6) Approval of the work practice plan with water that begins when the quench ventilates the emissions to a control for by-product coke oven batteries with car enters the quench tower and ends device. horizontal flues submitted under when the quench car exits the quench § 63.7292(a)(1). Coking time means the time interval that starts when an oven is charged with tower. § 63.7352 What definitions apply to this coal and ends when the oven is pushed. Quench tower means the structure in subpart? Deviation means any instance in which hot incandescent coke in the Terms used in this subpart are which an affected source subject to this quench car is deluged or quenched with defined in the Clean Air Act (CAA), in subpart, or an owner or operator of such water. § 63.2, and in this section as follows: a source: Remove from service means that an Acceptable makeup water means (1) Fails to meet any requirement or oven is not charged with coal and is not surface water from a river, lake, or obligation established by this subpart used for coking. When removed from stream; water meeting drinking water including, but not limited to, any service, the oven may remain at the standards; storm water runoff and emission limitation (including operating operating temperature or it may be production area clean up water except limits) or work practice standard; cooled down for repairs. for water from the by-product recovery (2) Fails to meet any term or condition Responsible official means plant area; process wastewater treated to that is adopted to implement an responsible official as defined in § 63.2. meet effluent limitations guidelines in applicable requirement in this subpart Short battery means a by-product coke 40 CFR part 420; water from any of and that is included in the operating oven battery with ovens less than five these sources that has been used only permit for any affected source required meters in height. for non-contact cooling or in water to obtain such a permit; or Soaking means that period in the seals; or water from scrubbers used to (3) Fails to meet any emission coking cycle that starts when an oven is control pushing emissions. limitation or work practice standard in dampered off the collecting main and Backup quench station means a this subpart during startup, shutdown, vented to the atmosphere through an quenching device that is used for less or malfunction, regardless of whether or open standpipe prior to pushing and than 5 percent of the quenches from any not such failure is permitted by this ends when the coke begins to be pushed single coke oven battery in the 12- subpart. from the oven. Emission limitation means any month period from July 1 to June 30. Soaking emissions means the emission limit, opacity limit, or Baffles means an apparatus comprised discharge from an open standpipe operating limit. during soaking of visible emissions due of obstructions for checking or Four consecutive pushes means four deflecting the flow of gases. Baffles are to either incomplete coking or leakage pushes observed successively. into the standpipe from the collecting installed in a quench tower to remove Fugitive pushing emissions means main. droplets of water and particles from the emissions from pushing that are not Standpipe means an apparatus on the rising vapors by providing a point of collected by a capture system. impact. Baffles may be installed either Horizontal flue means a type of coke oven that provides a passage for gases inside or on top of quench towers and oven heating system used on Semet- from an oven to the atmosphere when are typically constructed of treated Solvay batteries where the heating flues the oven is dampered off the collecting wood, steel, or plastic. run horizontally from one end of the main and the standpipe cap is opened. Battery stack means the stack that is oven to the other end, and the flues are This includes mini-standpipes that are the point of discharge to the atmosphere not shared with adjacent ovens. not connected to the collecting main. of the combustion gases from a battery’s Hot water scrubber means a mobile Tall battery means a by-product coke underfiring system. scrubber used to control pushing oven battery with ovens five meters or Batterywide extended coking means emissions through the creation of an more in height. increasing the average coking time for induced draft formed by the expansion Vertical flue means a type of coke all ovens in the coke oven battery by 25 of pressurized hot water through a oven heating system in which the percent or more over the manufacturer’s nozzle. heating flues run vertically from the specified design rate. Increased coking time means bottom to the top of the oven, and flues By-product coke oven battery means a increasing the charge-to-push time for are shared between adjacent ovens. group of ovens connected by common an individual oven. Work practice standard means any walls, where coal undergoes destructive Non-recovery coke oven battery means design, equipment, work practice, or distillation under positive pressure to a group of ovens connected by common operational standard, or combination
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thereof, that is promulgated pursuant to As required in § 63.7350, you must Provisions (40 CFR part 63, subpart A) section 112(h) of the CAA. comply with each applicable as shown in the following table: requirement of the NESHAP General
TABLES TO SUBPART CCCCC OF PART 63 [Table 1 to Subpart CCCCC of Part 63. Applicability of General Provisions to Subpart CCCCC]
Applies to Subpart Citation Subject CCCCC? Explanation
§ 63.1 ...... Applicability ...... Yes. § 63.2 ...... Definitions ...... Yes. § 63.3 ...... Units and Abbreviations ...... Yes. § 63.4 ...... Prohibited Activities ...... Yes. § 63.5 ...... Construction/Reconstruction ...... Yes. § 63.6(a), (b), (c), Compliance with Standards and Maintenance Yes. (d), (e), (f), (g), Requirements. (h)(2)–(8). § 63.6(h)(9) ...... Adjustment to an Opacity Emission Standard .... Yes. § 63.7(a)(3), (b), (c)– Performance Testing Requirements ...... Yes. (h). § 63.7(a)(1)–(2) ...... Applicability and Performance Test Dates ...... No ...... Subpart CCCCC specifies applicability and dates. § 63.8(a)(1)–(3), (b), Monitoring Requirements ...... Yes ...... CMS requirements in § 63.8(c)(4) (i)–(ii), (c)(5), (c)(1)–(3), and (c)(6) apply only to COMS for battery (c)(4)(i)–(ii), stacks. (c)(5)–(8), (d), (e), (f)(1)–(5), (g)(1)– (4). § 63.8(a)(4) ...... Additional Monitoring Requirements for Control No ...... Flares are not a control device for Subpart Devices in § 63.11. CCCCC affected sources. § 63.8(c)(4) ...... Continuous Monitoring System (CMS) Require- No ...... Subpart CCCCC specifies requirements for op- ments. eration of CMS. § 63.8(e)(4)–(5) ...... Performance Evaluations ...... Yes ...... Except COMS performance evaluation must be conducted before the compliance date. § 63.8(f)(6) ...... RATA Alternative ...... No ...... Subpart CCCCC does not require CEMS. § 63.8(g)(5) ...... Data Reduction ...... No ...... Subpart CCCCC specifies data that can’t be used in computing averages for COMS. § 63.9 ...... Notification Requirements ...... Yes ...... Additional notifications for CMS in § 63.9(g) apply only to COMS for battery stacks. § 63.10(a), (b)(1)– Recordkeeping and Reporting Requirements ..... Yes...... Additional records for CMS in § 63.10(c)(1)–(6), (b)(2)(xii), (9)–(15), and reports in § 63.10(d)(1)–(2) (b)(2)(xiv), (b)(3), apply only to COMS for battery stacks. (c)(1)–(6), (c)(9)– (15), (d), (e)(1)– (2), (e)(4), (f). § 63.10(b)(2) (xi)– CMS Records for RATA Alternative ...... No ...... Subpart CCCCC doesn’t require CEMS. (xii). § 63.10(c)(7)–(8) ...... Records of Excess Emissions and Parameter No ...... Subpart CCCCC specifies record requirements. Monitoring Exceedances for CMS. § 63.10(e)(3) ...... Excess Emission Reports ...... No ...... Subpart CCCCC specifies reporting require- ments. § 63.11 ...... Control Device Requirements ...... No ...... Subpart CCCCC does not require flares. § 63.12 ...... State Authority and Delegations...... Yes. §§ 63.13–63.15 ...... Addresses, Incorporation by Reference, Avail- Yes. ability of Information.
[FR Doc. 03–5625 Filed 4–11–03; 8:45 am] BILLING CODE 6560–50–P
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Part IV
Department of Health and Human Services Announcement of Availability of Funds for Family Planning Male Reproductive Health Research Grants; Notice
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DEPARTMENT OF HEALTH AND I. Funding Opportunity Description toward health care, it would seem that HUMAN SERVICES This announcement seeks proposals involving men in their own care from public and private non-profit requires a different approach from that Announcement of Availability of Funds entities to undertake research in the which has been successful with women. for Family Planning Male Reproductive Studies have shown that men are fields of family planning and Health Research Grants most receptive to health messages in reproductive health services and locations and environments with which education for males. Funds available AGENCY: Department of Health and they are familiar, and as part of under this announcement are for Human Services, Office of the Secretary, programs that they voluntarily pursue. community-based research projects to Office of Public Health and Science, Programs that deliver family planning investigate best-practice approaches to Office of Population Affairs. and related health messages as part of providing family planning and related other community-based services or ACTION: Notice. health information, education, and activities have the potential to be clinical services targeting males. successful and need greater emphasis Authority: Section 1004 of the Public These projects are intended to and exploration. Experience with male Health Service (PHS) Act. evaluate different programmatic projects has shown that health approaches and venues to reach males promotion and prevention services SUMMARY: The Office of Population in need of such information and provided through community settings, Affairs (OPA) requests applications for services, based on the use of recognized complement available clinical health grants for research in certain behavioral theory and logic-based models for services. and program implementation fields program planning, implementation and The recent interest in encouraging related to family planning. These grants evaluation. male involvement in family planning are for community-based research Background and reproductive health is driven by the projects to investigate best—practice current epidemic of STDs, including approaches to providing family The family planning program HIV/AIDS, and high rates of unintended planning and related health authorized by Section 1001 of Title X is pregnancies, as well as by shifts in information, education and clinical required by law to provide family public health policies. Fighting the services targeting males. planning services, including fatherless epidemic, promoting information, education and counseling, DATES: To receive consideration, responsible fatherhood, and supporting to all persons desiring such services. healthy marriages are major concerns for applications must be received by the One subgroup of the population that Office of Public Health and Science the nations’ lawmakers. Similarly, the continues to be under-represented is recognition of health, educational, and (OPHS) Grants Management Office no males. Over the past 30 years, males later than June 13, 2003. psychosocial consequences of early annually have comprised only two to sexual activity has led to an increased ADDRESSES: Application kits may be four percent of clients served by the focus on extra-marital abstinence. requested from, and applications Title X family planning clinical service Involving males in family planning and submitted to: OPHS Grants Management delivery system. This emphasizes the reproductive health issues is one way to Office, 1101 Wooton Parkway, 5th fact that simply offering clinical services encourage and support ‘‘future Floor, Rockville, MD 20852. Application will not result in males using those orientation’’ in terms of establishing kits are also available online at the services. core values, long term goals, and Office of Population Affairs Web site at Adult men of all ages do have relationships, including marriage and http://opa.osophs.dhhs.gov or may be reproductive health concerns; however, family. requested by fax at (301) 594–0019 or these concerns may not readily translate In the mid-1990s, the Office of Family (301) 594–5980. into contact with the health care system. Planning (OFP), Office of Population During adolescence and young Affairs (OPA) funded community-based SUPPLEMENTARY INFORMATION: Title X of adulthood, sexual and reproductive organizations to investigate and develop the Public Health Service Act, 42 U.S.C. health issues and behaviors have a great effective approaches to providing family 300, et seq., authorizes programs related influence on males’ lives. Accurate planning/reproductive health to family planning. Section 1004 of the information, skills and support should information and services to males. In Act, as amended, authorizes the be available to encourage delay of addition, these projects explored Secretary of Health and Human Services sexual debut until after adolescence and strategies to involve males in building to award grants to entities to conduct preferably until marriage. For sexually community support for pregnancy research in the behavioral and program active young males, this time of life may prevention and contraception. These implementation fields related to family bring with it such health concerns as research projects showed that males do planning. Implementing regulations can STDs, HIV/AIDS, unintended pregnancy want and need reproductive health be found at 42 CFR part 52. Section and the emotional stress of information and services, and will seek 1008 of the Act, as amended, stipulates interpersonal and intimate services from community-based entities that none of the funds appropriated relationships. that they know and trust. In addition, under this title shall be used in Among middle-aged and older males, these projects showed that community- programs where abortion is a method of health concerns around sexual and based organizations (CBOs), and faith- family planning. reproductive behavior continue, though based organizations (FBOs), as a subset CFDA: A description of the Title X the nature of these concerns may differ of community-based organizations, can Family Planning Research Program can from that of younger males. Even when effectively augment the clinical service be found at OMB Catalog of Federal men visit a health care provider, they delivery system. Project experience Domestic Assistance 93.974. A are more reluctant than women to bring indicated that CBOs and the clinical description of Title X Family Planning problems of a reproductive or sexual delivery system function best as Services Program can be found at OMB nature to their clinician’s attention. partners in the delivery of reproductive Catalog of Federal Domestic Assistance Given the different attitudes and health services to males by focusing on 93.217. expectations that men and women have health promotion and disease
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prevention services, and by contributing participate in a cross-site evaluation, to person(s) providing services. General their outreach capabilities to raise be conducted by an independent entity, guidelines for what education awareness and encourage males to to assess program efficiency and components should cost can be derived address their own health care needs. effectiveness across all projects funded from the intensity level of provider- Key factors in the success of this under this announcement. client interactions. Intensity level is a complementary arrangement between In order to expand the research base function of both the quality and CBOs and the clinical service delivery on program utility, replicability and quantity of contact time with individual system are that CBOs integrate health- cost-effectiveness of family planning clients, ranging from dissemination of related services as part of their mission and related health programs serving information and educational materials and activities, and that clinical males, OPA is soliciting applications for with little or no contact with providers reinforce the validity of CBOs projects that focus on one or more of the individuals; to less intense group as partners in the delivery of health following areas as they relate to males: meetings, used mainly for information promotion and disease prevention 1. Testing of existing curricula or exchange; to more intense interactions, services. models for providing information and such as those used to bring about Preliminary evaluation results from education to males regarding male behavior change. the research grants awarded in the mid- development and reproductive health, Depending upon the services 1990s suggests that participants in the relationships, responsibility, extra- proposed, cost per participant served OFP-funded male programs exhibited marital abstinence, marriage and family should range from approximately $50 to increased knowledge about family formation, fatherhood, contraceptive $300. Programs emphasizing materials planning, reproductive health, and male services and STD prevention; (e.g., brochure distribution, intermittent responsibility related to their own 2. Modifying and testing existing presentations, local media campaigns, health and the health of their partners curricula or models for providing male etc.) will be funded at the lower range, and families compared with their family planning/reproductive health and will be based largely on the cost of knowledge prior to participation. Some information, education and/or clinical materials dissemination or media areas where these programs were services to different, identified campaign development and implemented have shown a marked categories (e.g., different age groups, implementation. Costs should reduction in teen pregnancy among the geography, race/ethnicity, etc.); emphasize staffing and materials as they target population. In addition, 3. Testing of innovative approaches relate to the purpose of this preliminary assessment suggests that for providing family planning/ announcement and proposed program. CBOs have the capability and reproductive health counseling and Services involving direct person to commitment to improve program services to males. person contact, such as delivery of effectiveness and cost efficiency. Please note that no grant funds may health information and education in a For over five years, national policy be used for curriculum development. structured series of small group sessions leaders and constituents have Existing curricula, or adaptations of will generally be funded at the middle encouraged OFP to explore ways to existing curricula, which have been of the funding range. Cost emphasis involve CBOs in the provision of family evaluated and found to be successful, should be on staffing, facility, materials, planning and reproductive health should be used. etc. as they relate to the purpose of this services for males. The community- Applicants should familiarize announcement and the proposed based family planning/reproductive themselves with Healthy People 2010— program. health research programs for males have Chapter 11, ‘‘Health Communication’’ Applicants proposing to provide received strong community support. and the document ‘‘Community-Based individual treatment and/or functional They have filled a gap in the service Sexual and Reproductive Health support may incur higher costs. Budget delivery system. Continued research Promotion and Education Programs for requests should emphasize staff, efforts to refine models of service Males: Components that Work.’’ Copies facilities, materials, equipment, etc. to delivery, to test replicability of such of both of these documents are included provide individual counseling or models, and to address cost efficiency in the application kit. treatment, in addition to family issues related to delivering male family Cost per Participant planning/reproductive health planning and related health services information and education. These will contribute to successful programs In investigating best practice projects will be funded in the upper in CBOs, including FBOs. approaches to providing family range. A minimal number of these planning and reproductive health Purposes of the Grant higher cost projects will be funded. information, education and clinical The overall cost of the project will be The purpose of this grant is to expand services to males, the cost per determined by the type(s) of services the research base on program utility, participant depends upon the type of provided. It is expected that the replicability and cost-effectiveness of service provided. For example, the cost majority of projects will be of moderate family planning and related health per participant for information and intensity and funded in the mid-range. programs serving males. Continued education programs is almost always scientific evaluation of the extent to less than the participant cost for clinical II. Award Information which these programs and approaches services. However, the lower cost per OPA intends to make available produce their intended effect is crucial. participant of providing information approximately $2.5 million to support Grants to be made under this and education programs may be offset an estimated 10–15 community-based announcement will build upon what by a larger number of persons reached. research grants. Awards will range from was learned as a result of the last cycle In general, the cost of providing $100,000 to $250,000 per year. Grants of OFP-funded male research projects, information and education programs is will be funded in annual increments and will focus on utility, replicability, related to whether or not there is direct (budget periods) and may be approved and cost-effectiveness. In addition to contact with participants, the number of for a project period of up to five years. conducting an evaluation of their participants in a session, the time spent A match of non-Federal funds will not individual projects, successful during the session, the number of be required. Funding for all budget applicants must be prepared to sessions, and the qualifications of the periods beyond the first year of the grant
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is contingent upon the availability of information on the OPA Web site. The (4) Evidence that the applicant funds, satisfactory progress on the abstract will be used as the basis for this organization has the capacity to deliver project, and adequate stewardship of posting and for other requests for male reproductive health information, federal funds. summary information regarding funded education (including abstinence grants. education), and/or clinical services, that III. Eligibility Information To receive consideration, applications are appropriate to culture, age, and Any public or private nonprofit entity must be received by the OPHS Grants language of the target audience. located in a State (which includes one Management Office by the deadline (5) Evidence that the proposed plan of the 50 United States, the District of listed in the ‘‘Dates’’ section of this was developed using an integrated Columbia, Commonwealth of Puerto announcement. Applications will be system, such as a logic model, for Rico, U.S. Virgin Islands, considered as meeting the deadline if planning, monitoring and evaluation of Commonwealth of the Northern Mariana they are postmarked on or before the program activities. Islands, American Samoa, Guam, deadline date and are received in time (6) Evidence that the proposed Republic of Palau, Federated States of for orderly processing. A legibly dated program activities are consistent with Micronesia, and the Republic of the receipt from a commercial carrier or the requirements of Title X. Use of Title Marshall Islands) is eligible to apply for U.S. Postal Service will be accepted in X funds is prohibited in programs where a grant under this announcement. Faith- lieu of a postmark. Private metered abortion is a method of family planning. based organizations are eligible to apply postmarks will not be accepted as proof (7) A description of the type, length, for these family planning male of timely mailing. Hand-delivered and location of all program activities reproductive health research grants. applications must be received in the and specific program services. Organizations that are experienced in OPHS Grants Management Office not (8) A theoretical rationale for the providing a variety of services to males, later than 4:30 p.m. on the application chosen program approach, as well as such as social, educational, faith-based, due date. Applications that do not meet evidence of its effectiveness. vocational, and legal services (e.g., the deadline will not be accepted for (9) Submission of goal statement(s) tutoring, mentoring, job skills training), review, and will be returned. and related outcome objectives that are and have the capability of expanding specific, measurable, achievable, program activities to include Applications sent via facsimile or by electronic mail will not be accepted for realistic and time-framed (S.M.A.R.T.). development, provision and evaluation (10) A plan to evaluate individual review. of family planning/reproductive health program activities, the program as a A copy of the legislation governing related information, education and whole, and its impact on the target this program and additional information clinical services, are encouraged to audience. apply for a grant under this which may be helpful will be included (11) An assurance of willingness and announcement. as part of the application kit. Applicants ability to participate in a cross-site should use the legislation and other evaluation, to be conducted by an IV. Application and Submission information included in this independent entity. Information announcement to guide them in (12) A detailed budget and budget Applications must be submitted on developing their applications. justification for year one of the project the Form OPHS–1 (Revised 6/01) and in Review Under Executive Order 12372 which is reasonable, adequate, and cost the manner prescribed in the efficient, and which includes staffing application kit. Application kits are Applicants under this announcement requirements that are derived from available from the OPHS Grants are not subject to the requirements of proposed activities. Budget projections Management Office at the address Executive Order 12372, for each of the continuing years should previously listed, on the OPA Web site ‘‘Intergovernmental Review of Federal be included. at http://opa.osophs.dhhs.gov, or may Programs.’’ (13) Evidence of formal agreements be requested by fax at 301–594–0019 or Program Requirements/Application for referral services (e.g., age appropriate 301–594–5980. Applicants are required Content clinical services, if not provided by the to submit an original application signed applicant), and collaborative agreements by an individual authorized to act for This notice seeks applications for the with other service providers in the the applicant agency or organization implementation and evaluation of community, where appropriate. and to assume for the organization the community-based projects to investigate obligations imposed by the terms and best-practice approaches to providing Program Evaluation conditions of the grant award. family planning and related health All projects are required to have an Applicants are required to submit an information, education and clinical evaluation plan, consistent with the original application and two copies. services targeting males. Successful scope of the proposed project and Applications should be limited to 50 applications will focus on program funding level, that conforms to the double-spaced pages, not including utility, replicability and cost- program’s stated goals and objectives. appendices. Appendices may include effectiveness, and will include the The plan should include both a process curriculum vitae and other evidence of following: evaluation to track the implementation organizational capabilities. (1) An epidemiologic description of of program activities and an outcome Applications must include a one-page the target community. evaluation to measure changes in abstract of the proposed project. The (2) Evidence that the applicant knowledge, skills, and behavior that can abstract will be used to provide organization has experience and success be attributed to the program. reviewers with an overview of the in providing a variety of services to (Applicants are encouraged to utilize an application, and will form the basis for males in the target community. integrated planning, monitoring and the application summary in grants (3) A clear description of the target evaluation system, such as a logic management documents. It is the audience. Description should include model, for program development and practice of the Office of Population whether the target audience includes implementation. Additional information Affairs to maintain a summary of individuals, groups, or the community on logic models is included in the funded grants, and to post this as a whole. application kit.) There should be
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substantial evidence that the project objectives; methods for achieving (4) The reasonableness of the will add to the body of knowledge with objectives; and statement of expected estimated cost to the government regard to provision of quality male results (20 points); considering the anticipated results. family planning and reproductive health (4) The feasibility of the proposed Awards will be made only to those information, education and services for project and likelihood that the results organizations or agencies which have males. Program funds may be used to will contribute to the body of demonstrated the capability of support evaluation activities. knowledge regarding the delivery of providing the proposed services, and In addition to conducting an acceptable, culturally competent, cost which have met all applicable evaluation of their individual projects, effective family planning and requirements. However, efforts will be successful applicants must be prepared reproductive health information, made to distribute awards across the ten to participate in a cross-site evaluation, education, and clinical services to males PHS Regions. to be supported by the OPA and (15 points); conducted by an independent entity, to (5) The administrative and VI. Award Administration Information assess program efficiency and management capability of the applicant, OPA does not release information effectiveness across all projects funded including competency of the proposed about individual applications during the under this announcement. staff in relation to the type of research review process until final funding proposed, the project period, and the V. Application Review Information decisions have been made. When these adequacy of the applicant’s resources decisions have been made, applicants Eligible grant applications will be for the project (10 points); and will be notified by letter regarding the reviewed by a multi-disciplinary panel (6) The capacity of the applicant to outcome of their applications. The of independent reviewers and assessed make rapid and effective use of grant official document notifying an applicant according to the following criteria: assistance, including evidence of ability that an application has been approved (1) The applicant’s presentation of a to modify program activities if indicated and granted funding is the Notice of detailed evaluation plan, indicating an (10 points). Grant Award, which specifies to the understanding of program evaluation Final grant award decisions will be grantee the amount of money awarded, methods and reflecting a practical and made by the Deputy Assistant Secretary the purpose of the grant, the terms and technically sound approach to assessing for Population Affairs. In making these conditions of the grant award, and the the project’s achievement of program decisions, the Deputy Assistant amount of funding, if any, to be objectives, as well as the intent and Secretary for Population Affairs will contributed by the grantee to project ability to participate in a cross-cutting take into account the extent to which costs. evaluation of all projects funded under grants approved for funding will this announcement (25 points); provide an appropriate geographic VII. Agency Contacts (2) The capability of the applicant to distribution of resources, and will take For assistance on administrative and provide family planning and into consideration: budgetary requirements, Karen reproductive health information, (1) The scientific merit and Campbell, OPHS Grants Management education and/or clinical services to significance of the proposed project, Office, (301) 594–0758; males, as evidenced by the applicant’s including the model to be used; past and present history of providing a (2) The population(s) to be served; For assistance with questions regarding variety of services to males, such as (3) The usefulness for policymakers program requirements, Susan B. Moskosky, social, health, recreational, educational, and service providers of the proposed Office of Family Planning/Office of and/or vocational services (20 points); project and the likelihood of its Population Affairs, (301) 594–4008. (3) The applicant’s presentation of the producing meaningful results and Dated: April 7, 2003. proposed project, including a clear information that will contribute to the Alma L. Golden, description of need for the project; a body of knowledge regarding male Deputy Assistant Secretary for Population theoretical rationale for the approach to family planning and reproductive health Affairs. be used, as well as its demonstrated information, education and services for [FR Doc. 03–9050 Filed 4–11–03; 8:45 am] effectiveness; measurable goals and males; and BILLING CODE 4150–34–P
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Part V
Department of Labor Employee Benefits Security Administration
29 CFR Part 2590 Mental Health Parity; Interim Final Rule
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DEPARTMENT OF LABOR Revenue Code of 1986 (Code) under the health benefits. MHPA’s original text Taxpayer Relief Act of 1997 (Pub. L. included a sunset provision specifying Employee Benefits Security 105–34, 111 Stat. 1080). that MHPA’s provisions applied to Administration The provisions of MHPA are set forth benefits for services furnished before in Part 7 of Subtitle B of Title I of September 30, 2001. On December 22, 29 CFR Part 2590 ERISA, Chapter 100 of Subtitle K of the 1997 the Departments of Labor, the Code, and Title XXVII of the PHS Act.1 RIN 1210–AA62 Treasury, and Health and Human The Secretaries of Labor, the Treasury, Services issued interim final regulations Mental Health Parity and Health and Human Services share under MHPA in the Federal Register (62 jurisdiction over the MHPA provisions. FR 66931). The interim final regulations AGENCY: Employee Benefits Security These provisions are substantially included this statutory sunset date. Administration, Department of Labor. similar, except as follows: • On January 10, 2002, President Bush ACTION: Interim final amendment to The MHPA provisions in ERISA signed H.R. 3061 (Pub. L. 107–116, 115 regulation. generally apply to all group health plans Stat. 2177), the 2002 Appropriations Act other than governmental plans, church for the Departments of Labor, Health SUMMARY: This document contains an plans, and certain other plans. These and Human Services, and Education.2 interim final amendment to modify the provisions also apply to health This legislation extended MHPA’s sunset date of interim final regulations insurance issuers that offer health original sunset date under ERISA, the under the Mental Health Parity Act insurance coverage in connection with Code, and the PHS Act, so that MHPA’s (MHPA) to be consistent with legislation such group health plans. Generally, the provisions would apply to benefits for passed during the 107th Congress. Secretary of Labor enforces the MHPA services furnished before December 31, DATES: Effective date. The interim final provisions in ERISA, except that no 2002. amendment is effective December 2, enforcement action may be taken by the Secretary against issuers. However, On March 9, 2002, President Bush 2002. Applicability dates. The signed H.R. 3090, the Job Creation and requirements of the interim final individuals may generally pursue actions against issuers under ERISA Worker Assistance Act of 2002 (Pub. L. amendment apply to group health plans 107–147, 116 Stat. 21), that included an and health insurance issuers offering and, in some circumstances, under State law. amendment to section 9812 of the Code health insurance coverage in connection • (the mental health parity provisions). with a group health plan beginning The MHPA provisions in the Code generally apply to all group health plans This legislation further extends MHPA’s December 2, 2002. The MHPA interim original sunset date under the Code to final amendment extends the sunset other than governmental plans, but they do not apply to health insurance issuers. December 31, 2003. The Joint date from December 31, 2002 to Committee on Taxation’s technical December 31, 2003. Pursuant to the A taxpayer that fails to comply with these provisions may be subject to an explanation of H.R. 3090 (JCT Report) extended sunset date, MHPA states that the January 10th amendment requirements apply to benefits for excise tax under section 4980D of the Code. to MHPA restored the excise tax services furnished before December 31, • The MHPA provisions in the PHS retroactively to September 30, 2001. 2003. Act generally apply to health insurance Under H.R. 3090, the excise tax FOR FURTHER INFORMATION CONTACT: issuers that offer health insurance provision of MHPA is amended to apply Mark Connor, Employee Benefits coverage in connection with group to benefits for such services furnished Security Administration, Department of health plans and to certain State and on or after January 10, 2002 and before Labor, at (202) 693–8335. Customer local governmental plans. States, in the January 1, 2004. As indicated by the JCT Service Information: Individuals first instance, enforce the PHS Act with Report, H.R. 3061 restored the MHPA interested in obtaining additional respect to issuers. Only if a State does provisions retroactively to September information on the Mental Health Parity not substantially enforce any provisions 30, 2001. Act and other health care laws may under its insurance laws will the On September 27, 2002, the request copies of Department of Labor Department of Health and Human Department of Labor issued an interim publications concerning changes in Services enforce the provisions, through final amendment for mental health health care law by calling the EBSA the imposition of civil money penalties. parity in the Federal Register (67 FR Toll-Free Hotline at 1–866–444–3272. Moreover, no enforcement action may 60859). The interim final amendment Information on the Mental Health Parity be taken by the Secretary of Health and included the new statutory sunset date Act and other health care laws is also Human Services against any group under H.R. 3061, so that MHPA’s available on the Department of Labor’s health plan except certain State and provisions would apply to benefits for Web site (http://www.dol.gov/ebsa). local governmental plans. services furnished before December 31, SUPPLEMENTARY INFORMATION: B. Overview of MHPA 2002. The Department made the effective date of this interim final A. Background The MHPA provisions are set forth in amendment to the regulations The Mental Health Parity Act of 1996 section 712 of ERISA, section 9812 of September 30, 2001. (MHPA) was enacted on September 26, the Code, and section 2705 of the PHS 1996 (Pub. L. 104–204, 110 Stat. 2944). Act. MHPA applies to a group health 2 During the 107th Congress, legislation was MHPA amended the Employee plan (or health insurance coverage passed by the Senate to substantively amend and Retirement Income Security Act of 1974 offered by issuers in connection with a expand the provisions of MHPA already in place. group health plan) that provides both This legislation was offered as an amendment to the (ERISA) and the Public Health Service provisions of H.R. 3061. The Conference Report Act (PHS Act) to provide for parity in medical/surgical benefits and mental accompanying the underlying provisions of H.R. the application of annual and lifetime 3061 states that instead of the amendment proposed dollar limits on mental health benefits 1 Part 7 of Subtitle B of Title I of ERISA, Chapter by the Senate, the amendment to MHPA contained 100 of Subtitle K of the Code, and Title XXVII of in H.R. 3061 extends the original sunset date of with dollar limits on medical/surgical the PHS Act were added by the Health Insurance MHPA, so that MHPA’s provisions apply to benefits benefits. Provisions implementing Portability and Accountability Act of 1996 (HIPAA), for services furnished before December 31, 2002. MHPA were later added to the Internal Pub. L. 104–191. H.R. Rep. 107–342, at 170 (2001).
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On December 2, 2002, President Bush ‘‘economically significant’’); (2) creating governments, and does not include signed H.R. 5716, the Mental Health serious inconsistency or otherwise mandates that may impose an annual Parity Reauthorization Act of 2002 (Pub. interfering with an action taken or expenditure of $100 million or more on L. 107–313, 116 Stat. 2457), an planned by another agency; (3) the private sector. amendment to section 712 of ERISA and materially altering the budgetary G. Congressional Review Act section 2705 of the PHS Act (the mental impacts of entitlement grants, user fees, health parity provisions). This or loan programs or the rights and This interim final amendment is legislation further extends MHPA’s obligations of recipients thereof; or (4) subject to the Congressional Review Act original sunset date under ERISA and raising novel legal or policy issues provisions of the Small Business the PHS Act to December 31, 2003. Like arising out of legal mandates, the Regulatory Enforcement Fairness Act of MHPA, this amendment to MHPA President’s priorities, or the principles 1996 (5 U.S.C. 801 et seq.) (SBREFA), applies to a group health plan (or health set forth in the Executive Order. and has been transmitted to Congress insurance coverage offered by issuers in Pursuant to the terms of the Executive and the Comptroller General for review. connection with a group health plan) Order, it has been determined that this This amendment to the interim final that provides both medical/surgical action is not a ‘‘significant regulatory regulations is not a major rule, as that benefits and mental health benefits.3 As action’’ within the meaning of the term is defined by 5 U.S.C. 804. a result of this statutory amendment, Executive Order. This action is an and to assist employers, plan sponsors, amendment to the interim final H. Federalism Statement health insurance issuers, and workers, regulations and merely extends the Executive Order 13132 (August 4, the Department of Labor has developed regulatory sunset date to conform to the 1999) outlines fundamental principles this amendment of the interim final new statutory sunset date added by H.R. of federalism and requires the regulations, in consultation with the 5716. adherence to specific criteria by Federal Departments of the Treasury and Health D. Paperwork Reduction Act agencies in the process of their and Human Services, conforming the formulation and implementation of regulatory sunset date to the new The information collection provisions policies that have substantial direct statutory sunset date. The Department is of MHPA incorporated in the effects on the States, the relationship also making conforming changes Department’s interim final rules are between the States, the relationship extending the duration of the increased currently approved under OMB control between the national government and cost exemption to be consistent with the numbers 1210–0105 (Notice to the States, or on the distribution of new sunset date. Since the extension of Participants and Beneficiaries and power and responsibilities among the this sunset date is not discretionary, this Federal Government of Electing One various levels of government. This amendment to the MHPA regulations is Percent Increased Cost Exemption), and interim final amendment does not have promulgated on an interim final basis 1210–0106 (Calculation and Disclosure federalism implications as it only pursuant to section 734 of ERISA. This of Documentation of Eligibility for conforms the regulatory sunset date to interim final amendment is also Exemption). These information the new statutory sunset date added by promulgated pursuant to section collection requests are approved H.R. 5716. 553(d)(3) of the Administrative through November 30, 2004 and October Procedure Act, allowing for regulations 31, 2004, respectively. Because no List of Subjects in 29 CFR Part 2590 to become effective immediately for substantive or material change is made Employee benefit plans, Employee good cause. to the approved information collection Retirement Income Security Act, Health provisions in connection with this C. Executive Order 12866 care, Health insurance, Medical child interim final amendment, no support, Reporting and recordkeeping Under Executive Order 12866, the submission for continuing OMB requirements. Department must determine whether a approval is required or made at this regulatory action is ‘‘significant’’ and time. Employee Benefits Security therefore subject to the requirements of Administration the Executive Order and subject to E. Regulatory Flexibility Act ■ 29 CFR part 2590 is amended as fol- review by the Office of Management and The Regulatory Flexibility Act (5 lows: Budget (OMB). Under section 3(f), the U.S.C. 601 et seq.) (RFA) imposes order defines a ‘‘significant regulatory certain requirements with respect to PART 2590—RULES AND action’’ as an action that is likely to Federal rules that are subject to the REGULATIONS FOR HEALTH result in a rule: (1) Having an annual notice and comment requirements of INSURANCE PORTABILITY AND effect on the economy of $100 million section 553(b) of the Administrative RENEWABILITY FOR GROUP HEALTH or more, or adversely and materially Procedure Act (5 U.S.C. 551 et seq.). PLANS affecting a sector of the economy, Because this amendment to the interim productivity, competition, jobs, the final regulations is being published on ■ 1. The authority citation for part 2590 environment, public health or safety, or an interim final basis, without prior is revised to read as follows: State, local or tribal governments or notice and a period for comment, the Authority: 29 U.S.C. 1027, 1059, 1135, communities (also referred to as Regulatory Flexibility Act does not 1169, 1181–1183, 1185, 1185a, 1185b, 1191, apply. 1191a, 1191b, and 1191c, sec. 101 (g) Pub. L. 3 The parity requirements under MHPA, the 104–191, 101 Stat. 1936; sec. 401(b) Pub. L. interim regulations, and the amendment to the F. Unfunded Mandates Reform Act 105–200, 112 Stat. 645; Secretary of Labor’s interim regulations do not apply to any group Order No. 1–2003, 68 FR 5373, (Feb. 3, 2003). health plan (or health insurance coverage offered in For purposes of the Unfunded Mandates Reform Act of 1995 (Pub. L. connection with a group health plan) for any plan 2590.712 [Amended] year of a small employer. The term ‘‘small 104–4) (UMRA), as well as Executive employer’’ is defined as an employer who Order 12875, this interim final ■ 2. Amend § 2590.712 (f)(1), (g)(2), and employed an average of at least 2 but not more than 50 employees on business days during the amendment does not include any (i) by removing the date ‘‘December 31, preceding calendar year and who employs at least Federal mandate that may result in 2002’’ and adding in its place the date 2 employees on the first day of the plan year. expenditures by State, local, or tribal ‘‘December 31, 2003.’’
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Signed at Washington, DC this 9th day of April, 2003. Ann L. Combs, Assistant Secretary, Employee Benefits Security Administration, Department of Labor. [FR Doc. 03–9024 Filed 4–11–03; 8:45 am] BILLING CODE 4510–29–P
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Part VI
Environmental Protection Agency 40 CFR Part 261 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell Junction, New York; Proposed Rule
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ENVIRONMENTAL PROTECTION scheduled, the date, time, and location D. Unfunded Mandates Reform Act AGENCY will be available through a Federal E. Executive Order 13132 Register document or by contacting Mr. F. Executive Order 13175 40 CFR Part 261 G. Executive Order 13045 Sam Kerns at the U.S. EPA Region 2 H. Executive Order 13211 [FRL–7480–7] office (see FOR FURTHER INFORMATION I. National Technology Transfer and CONTACT section, below). Advancement Act of 1995 RIN 2090–AA29 ADDRESSES: Comments may be J. Executive Order 12898 submitted electronically, by mail, by VII. RCRA & Hazardous and Solid Waste Project XL Site-Specific Rulemaking Amendments of 1984 for the IBM Semiconductor facsimile, or through hand delivery/ courier. Follow the detailed instructions A. Applicability of Rules in Authorized Manufacturing Facility in Hopewell States SUPPLEMENTARY Junction, NY as provided in the B. Effect on New York INFORMATION section. AGENCY: Environmental Protection Request for a Hearing: Requests for a I. General Information Agency (EPA). hearing should be mailed to the A. How Can I Get Copies of This ACTION: Supplemental proposal; request Environmental Protection Agency, EPA Document and Other Related for comment. Docket Center (EPA/DC), RCRA Docket Information? (5305T), 1200 Pennsylvania Ave., NW., SUMMARY: The Environmental Protection Washington, DC 20460. Please send an I. Docket. EPA has established an Agency is publishing this site-specific original and two copies of all comments, official public docket for this action proposal, which supplements the and refer to Docket Number F–2002– under Docket ID No. F–2002–IB3P– previously published proposed rule for IB3P–FFFFF. A copy should also be sent FFFFF. The official public docket this pilot project under the Project to Mr. Sam Kerns at the U.S. EPA consists of the documents specifically eXcellence and Leadership Program Region 2 office. Mr. Kerns may be referenced in this action, any public (Project XL). This supplemental contacted at the following address: U.S. comments received, and other proposal is being issued in light of new Environmental Protection Agency, information related to this action. data received by EPA concerning the Region 2, 290 Broadway, New York, NY Although a part of the official docket, cadmium levels in the wastewater 10007–1866, (212) 637–4139. the public docket does not include Confidential Business Information (CBI) treatment sludge that is the focus of this FOR FURTHER INFORMATION CONTACT: Mr. site-specific rulemaking. In particular, or other information whose disclosure is Sam Kerns, U.S. Environmental restricted by statute. The official public this rulemaking effort will allow for the Protection Agency, Region 2, 290 implementation of a pilot project under docket is the collection of materials that Broadway, New York, NY 10007–1866. is available for public viewing at the Project XL that will provide site-specific Mr. Kerns can be reached at (212) 637– RCRA Docket in the EPA Docket Center, regulatory flexibility under the Resource 4139 (or [email protected]). Further (EPA/DC) EPA West, Room B102, 1301 Conservation and Recovery Act (RCRA), information on today’s action may also Constitution Ave., NW., Washington, as amended, for the International be obtained on the world wide web at DC. The EPA Docket Center Public Business Machines Corporation (IBM) http://www.epa.gov/projectxl/. Reading Room is open from 8:30 a.m. to East Fishkill semiconductor SUPPLEMENTARY INFORMATION: 4:30 p.m., Monday through Friday, manufacturing facility in Hopewell excluding legal holidays. The telephone Junction, New York. The principal Outline of Today’s Supplemental number for the Reading Room is (202) objective of this pilot project is to Proposal 566–1742, and the telephone number for determine whether the wastewater The information presented in this the RCRA Docket is (202) 566–0270. The treatment sludge resulting from the preamble is organized as follows: public may copy a maximum of 100 treatment of wastewaters from I. General Information pages from any regulatory docket at no electroplating operations (and therefore A. How Can I get Copies of This Document charge. Additional copies cost 15 cents meeting the listing description for F006 and other Related Information? per page. Hazardous Waste) at IBM’s East Fishkill B. How and To Whom Do I Submit II. Electronic Access. You may access facility may be used as an ingredient in Comments? C. How Should I Submit CBI to the this Federal Register document the manufacture of cement in an electronically through the EPA Internet environmentally sound manner without Agency? D. What Should I Consider as I Prepare My under the ‘‘Federal Register’’ listings at RCRA regulatory controls. Comments for EPA? http://www.epa.gov/fedrgstr/. DATES: Public Comments: Comments on II. Authority An electronic version of the public this supplemental proposal must be III. Background docket is available through EPA’s received on or before May 14, 2003. All A. How does this Supplemental Proposal electronic public docket and comment comments should be submitted in relate to the original proposal published system, EPA Dockets. You may use EPA writing or electronically according to on June 6, 2001 (66 FR 30349)? Dockets at http://www.epa.gov/edocket/ B. Brief Summary of the June 6, 2001 the directions below in the Proposed Rule to submit or view public comments, SUPPLEMENTARY INFORMATION section. IV. Discussion of Certain Comments Received access the index listing of the contents Public Hearing: Commenters may on the June 6, 2001 Proposed Rule of the official public docket, and to request a public hearing on or before A. Shenandoah Road Superfund Site access those documents in the public April 28, 2003, and should specify the Stakeholders docket that are available electronically. basis for the request. If EPA determines B. Environmental Technology Council Once in the system, select ‘‘search,’’ there is sufficient reason to hold a V. Discussion of the Change From the June then key in the appropriate docket public hearing, it will do so by May 5, 6, 2001 Proposed Rule identification number. 2003, during the last week of the public VI. Statutory and Executive Order Reviews Certain types of information will not A. Executive Order 12866 comment period. Requests for a public B. Regulatory Flexibility Act, as amended be placed in the EPA Dockets. hearing should be submitted according by the Small Business Regulatory Information claimed as CBI and other to the information below in the Enforcement Fairness Act of 1996 information whose disclosure is ADDRESSES section. If a public hearing is C. Paperwork Reduction Act restricted by statute, which is not
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included in the official public docket, that your comments are submitted address. E-mail addresses that are will not be available for public viewing within the specified comment period. automatically captured by EPA’s e-mail in EPA’s electronic public docket. EPA’s Comments received after the close of the system are included as part of the policy is that copyrighted material will comment period will be marked ‘‘late.’’ comment that is placed in the official not be placed in EPA’s electronic public EPA is not required to consider these public docket, and made available in docket but will be available only in late comments. If you wish to submit EPA’s electronic public docket. printed, paper form in the official public CBI or information that is otherwise III. Disk or CD ROM. You may submit docket. To the extent feasible, publicly protected by statute, please follow the comments on a disk or CD ROM that available docket materials will be made instructions in I.B.2 and I.D. Do not use you mail to the mailing address available in EPA’s electronic public EPA Dockets or e-mail to submit CBI or identified in I.B. These electronic docket. When a document is selected information protected by statute. submissions will be accepted in from the index list in EPA Dockets, the I. Electronically. If you submit an WordPerfect or ASCII file format. Avoid system will identify whether the electronic comment as prescribed the use of special characters and any document is available for viewing in below, EPA recommends that you form of encryption. EPA’s electronic public docket. include your name, mailing address, II. By Mail. Send 2 copies of your Although not all docket materials may and an e-mail address or other contact comments to the RCRA Docket, be available electronically, you may still information in the body of your Environmental Protection Agency, access any of the publicly available comment. Also include this contact Mailcode: 5305T, 1200 Pennsylvania docket materials through the docket information on the outside of any disk Ave., NW., Washington, DC, 20460, facility identified in I.B. EPA intends to or CD ROM you submit, and in any Attention Docket ID No. F–2001–IB3P– work towards providing electronic cover letter accompanying the disk or FFFFF. access to all of the publicly available CD ROM. This ensures that you can be III. By Hand Delivery or Courier. docket materials through EPA’s identified as the submitter of the Deliver your comments to: electronic public docket. comment and allows EPA to contact you Environmental Protection Agency, EPA For public commenters, it is in case EPA cannot read your comment Docket Center, 1301 Constitution important to note that EPA’s policy is due to technical difficulties or needs Avenue, NW., Washington, DC 20004, that public comments, whether further information on the substance of Attention Docket ID No. F–2002–IB3P– submitted electronically or in paper, your comment. EPA’s policy is that EPA FFFFF. Such deliveries are only will be made available for public will not edit your comment, and any accepted during the Docket’s normal viewing in EPA’s electronic public identifying or contact information hours of operation as identified in A.1. docket as EPA receives them and provided in the body of a comment will IV. By Facsimile. Fax your comments without change, unless the comment be included as part of the comment that to: 202–566–0272, Attention Docket ID. contains copyrighted material, CBI, or is placed in the official public docket, No. F–2001–IB3P–FFFFF. other information whose disclosure is and made available in EPA’s electronic C. How Should I Submit CBI to the restricted by statute. When EPA public docket. If EPA cannot read your Agency? identifies a comment containing comment due to technical difficulties copyrighted material, EPA will provide and cannot contact you for clarification, Do not submit information that you a reference to that material in the EPA may not be able to consider your consider to be CBI electronically version of the comment that is placed in comment. through EPA’s electronic public docket EPA’s electronic public docket. The I. EPA Dockets. Your use of EPA’s or by e-mail. Send or deliver entire printed comment, including the electronic public docket to submit information identified as CBI only to the copyrighted material, will be available comments to EPA electronically is following address: Environmental in the public docket. Public comments EPA’s preferred method for receiving Protection Agency, EPA Docket Center submitted on computer disks that are comments. Go directly to EPA Dockets (EPA/DC), RCRA Docket, 1301 mailed or delivered to the docket will be at http://www.epa.gov/edocket, and Constitution Avenue, NW., Washington, transferred to EPA’s electronic public follow the online instructions for DC 20004, Attention Docket ID No. F– docket. Public comments that are submitting comments. To access EPA’s 2001–IB3P–FFFFF. You may claim mailed or delivered to the Docket will electronic public docket from the EPA information that you submit to EPA as be scanned and placed in EPA’s Internet Home Page, select ‘‘Information CBI by marking any part or all of that electronic public docket. Where Sources,’’ ‘‘Dockets,’’ and ‘‘EPA information as CBI (if you submit CBI practical, physical objects will be Dockets.’’ Once in the system, select on disk or CD ROM, mark the outside photographed, and the photograph will ‘‘search,’’ and then key in Docket ID No. of the disk or CD ROM as CBI and then be placed in EPA’s electronic public F–2002–IB3P–FFFFF. The system is an identify electronically within the disk or docket along with a brief description ‘‘anonymous access’’ system, which CD ROM the specific information that is written by the docket staff. means EPA will not know your identity, CBI). Information so marked will not be For additional information about e-mail address, or other contact disclosed except in accordance with EPA’s electronic public docket visit EPA information unless you provide it in the procedures set forth in 40 CFR part 2. Dockets online or see 67 FR 38102, May body of your comment. In addition to one complete version of 31, 2002. II. E-mail. Comments may be sent by the comment that includes any electronic mail (e-mail) to rcra- information claimed as CBI, a copy of B. How and to Whom Do I Submit [email protected], Attention Docket ID the comment that does not contain the Comments? No. F–2002–IB3P–FFFFF. In contrast to information claimed as CBI must be You may submit comments EPA’s electronic public docket, EPA’s e- submitted for inclusion in the public electronically, by mail, by facsimile, or mail system is not an ‘‘anonymous docket and EPA’s electronic public through hand delivery/courier. To access’’ system. If you send an e-mail docket. If you submit the copy that does ensure proper receipt by EPA, identify comment directly to the Docket without not contain CBI on disk or CD ROM, the appropriate docket identification going through EPA’s electronic public mark the outside of the disk or CD ROM number in the subject line on the first docket, EPA’s e-mail system clearly that it does not contain CBI. page of your comment. Please ensure automatically captures your e-mail Information not marked as CBI will be
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included in the public docket and EPA’s whether similar sludges should also be EPA will re-propose the rule to allow for electronic public docket without prior excluded from RCRA regulatory controls further public notice and comment. The notice. If you have any questions about when recycled in the same manner. XL project will enter the CBI or the procedures for claiming CBI, However, additional data will likely be implementation phase only after a final please consult the person identified in necessary before EPA would be in a rule is promulgated by EPA, and the FOR FURTHER INFORMATION CONTACT position to evaluate this practice at the NYSDEC has undertaken appropriate section. national level. action to allow the project to be Today’s supplemental proposal implemented. D. What Should I Consider as I Prepare amends the original proposal published The terms of the overall XL project are My Comments for EPA? on June 6, 2001 (66 FR 30349). As with contained in a Final Project Agreement You may find the following the original proposed rule, this (FPA) which was the subject of a Notice suggestions helpful for preparing your supplemental proposal is not intended of Availability published in the Federal comments: to apply to any other hazardous wastes Register on September 1, 2000 (65 FR I. Explain your views as clearly as generated and/or managed at the IBM 53298) and which was signed by EPA, possible. facility, unless the wastewater treatment NYSDEC and IBM on September 29, II. Describe any assumptions that you sludge (also designated as F006 2000. The Final Project Agreement used. Hazardous Waste) generated by the (FPA) is available to the public at the III. Provide any technical information other wastewater treatment plant (the B/ EPA Docket in Washington, DC, in the and/or data you used that support 386 East Complex) at the facility U.S. EPA Region 2 library, at the IBM your views. becomes eligible once a Final Project East Fishkill facility, and on the world IV. If you estimate potential burden or Agreement (or addendum to the current wide web at http://www.epa.gov/ costs, explain how you arrived at your Final Project Agreement) is signed projectxl/. estimate. allowing for the additional sludge to be For a more complete and detailed V. Provide specific examples to included in this project. The proposed discussion of Project XL, the illustrate your concerns. rule does not apply to any wastewater development of the Final Project VI. Offer alternatives. treatment sludges generated at other Agreement (FPA), and the pilot project VII. Make sure to submit your comments facilities. for which this supplemental proposal is by the comment period deadline The duration of this pilot project is intended, the reader is referred to the identified. five years—that is, the site-specific original proposal (June 6, 2001, 66 FR VIII. To ensure proper receipt by EPA, conditional exclusion includes a 30349). The summary of the proposed identify the appropriate docket ‘‘sunset provision’’ which will rule provided below is not intended to identification number in the subject automatically terminate the exclusion be comprehensive, but only includes line on the first page of your response. five years from the effective date of the those aspects of the proposed rule most It would also be helpful if you final rulemaking. Towards the end of relevant to this supplemental proposal. the term of this XL project, EPA, the provided the name, date, and Federal B. Brief Summary of the June 6, 2001 New York State Department of Register citation related to your Proposed Rule comments. Environmental Conservation (NYSDEC), and IBM will evaluate the success of the On June 6, 2001, EPA published a II. Authority pilot project. If the project is determined proposed rule (66 FR 30349) to amend the RCRA regulatory definition of solid EPA is publishing this proposed to be successful, EPA may consider waste to provide a site-specific regulation under the authority of expanding the scope of the exclusion to conditional exclusion for the F006 sections 2002, 3001, 3002, 3003, 3006, the national level (by rulemaking). electroplating sludge generated by the 3010, and 7004 of the Solid Waste However, EPA does not expect that this IBM East Fishkill facility located in Disposal Act of 1970, as amended by the XL project alone can generate all the Hopewell Junction, New York. This Resource Conservation and Recovery data that would be necessary on the rulemaking effort was undertaken to Act, as amended (42 U.S.C. 6912, 6921, wide variety of other F006 wastestreams allow for the implementation of a pilot 6922, 6923, 6926, 6930, 6937, 6938, and that could potentially be used to make project under Project XL to determine 6974). cement to proceed with a national rulemaking. whether the electroplating sludge could III. Background Today’s supplemental proposal, and be recycled in an environmentally the original proposed rulemaking will sound manner as an ingredient in the A. How Does This Supplemental not in any way affect the provisions or production of cement without RCRA Proposal Relate to the Original Proposal applicability of any other existing or regulatory oversight. (Note that the Published on June 6, 2001 (66 FR future regulations. legitimate recycling of this sludge as an 30349)? EPA is soliciting comments on today’s ingredient in cement is currently This pilot project assesses the supplemental proposal. EPA will regulated under Subtitle C of RCRA appropriateness of excluding from the publish responses to comments, and because the cement is likely to be used RCRA regulatory definition of solid comments to the original proposal in a on the land—that is, ‘‘used in a manner waste the wastewater treatment sludge subsequent Federal Register document. constituting disposal,’’ a form of (designated as F006 Hazardous Waste) Subject to comments received on the recycling that is analogous to land generated by one of the two fluoride/ proposal, EPA will either promulgate disposal. Because the current regulatory heavy metal wastewater treatment the proposed rule (as supplemented framework would subject this sludge to plants (the plant designated as B/690 with today’s proposal) as a final rule, RCRA regulatory requirements, this West Complex by IBM) on the IBM East modify the proposal as necessary to recycling scenario would likely not be Fishkill facility when the sludge is address comments and promulgate the undertaken and implemented without being used as an ingredient in the modified proposal as a final rule, or the site-specific exclusion.) manufacture of cement. Information will decide to not go final with the rule. If EPA’s (and NYSDEC’s) decision to be obtained and used to evaluate this significant changes to the rule are proceed with this pilot project was recycling process and determine necessary based on comments received, based in large part on the determination
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that the use of the sludge as an groundwater contamination that is the association representing the commercial ingredient in cement is legitimate focus of the Superfund remedial hazardous waste management industry recycling. In other words, the activities. Further, the sludge does not and has historically been an active electroplating sludge in question was contain tetrachloroethene (PCE) or other stakeholder in rulemakings involving determined, based on a comparative volatile organic constituents (VOCs), but RCRA jurisdiction. While ETC analysis of the constituents in both the rather is primarily composed of calcium commented on several aspects of the sludge and the raw materials that the and fluoride, and includes certain proposal which will be addressed in the sludge would be replacing, to be a inorganic constituents of concern (i.e., final rule (assuming the rule is legitimate substitute for the analogous heavy metals) at low levels. finalized), several comments related to raw materials that would otherwise be Also, it is worth noting that while the ‘‘legitimate recycling’’ and ‘‘dilution’’ used in the production of cement. See facility may have been involved in past exhibited a significant the June 6, 2001 proposal (66 FR at operations that resulted in misunderstanding that the Agency 30352–30354) for a more detailed environmental damages, this in and of wishes to address in today’s notice. discussion of the Agency’s basis for itself does not preclude the facility (or To begin, ETC asserts that the defining this activity as legitimate any facility) from developing and recycling of IBM’s sludge as an recycling. Having determined the proposing a pilot project that meets the ingredient in cement is a sham, rather legitimacy of this activity, the proposed Project XL criteria. than legitimate recycling. In other site-specific exclusion was conditioned In addition, several of the commenters words, ETC claims that the use of the on the sludge remaining consistent with requested a public meeting on this XL calcium-rich sludge as an ingredient in the analogous raw materials, which was project and the proposed rule and an cement is nothing more than treatment accomplished by setting a set of extension to the comment period. This and/or disposal of the sludge in the threshold levels for the hazardous request was declined by EPA because guise of recycling. While ETC provides constituents contained in the sludge. the substantive concerns expressed in support for this assertion by addressing (Note that the site-specific conditional the comments were primarily based the various ‘‘legitimacy criteria’’ as the exclusion also imposes certain other upon a perceived connection between Agency did in the proposal (see 66 FR conditions on IBM to be eligible for the this XL pilot project and the at 30353), one aspect of ETC’s exclusion.) contamination/remediation activities at discussion requires clarification from the Shenandoah Road Superfund Site. EPA in this supplemental proposal. ETC IV. Discussion of Certain Comments Since public meetings concerning the contends that the sludge contains Received on the June 6, 2001 Proposed Superfund site were being held, EPA significantly higher levels of hazardous Rule concluded that they provided a more constituents than the analogous raw On June 6, 2001, EPA requested appropriate forum to raise such materials the sludge would replace. The comments on the proposed rule for the concerns. Agency disagrees with ETC and notes IBM East Fishkill Project XL (see 66 FR To address any concerns that may that ETC cites historical analytical data 30349). While the Agency will have been somewhat related to IBM’s on the sludge rather than the more appropriately address the comments XL project, EPA held an Availability recent analyses of the sludge to support received in the final rule (assuming the Session (an informal forum in which the this claim. Further, ETC fails to rule is finalized), EPA is taking this pilot project could be discussed with acknowledge the threshold levels opportunity to address certain interested individuals) in conjunction proposed as a mechanism to ensure that fundamental misconceptions with one of the Superfund public the sludge excluded from RCRA concerning this XL pilot project that are meetings as an effective first step in regulation would remain comparable to common to many of the comments addressing those concerns. A fact sheet the analogous raw materials. ETC’s received on the original proposal. In for the project was updated to respond claim to the contrary notwithstanding, addition, the Agency would like to to comments received before the the sludge that will be recycled address certain comments that question Superfund public meeting that was pursuant to the proposed conditional the overall ‘‘legitimacy’’ of using this scheduled for June 13, 2001, a week exclusion will, in effect, legitimately F006 sludge as an ingredient in cement. following publication of the proposed substitute for the analogous raw rule. (Most of the comments received A. Shenandoah Road Superfund Site materials that would otherwise be used. from the residents of the Shenandoah Stakeholders This is one of the indicators the Agency Road area had been received before this considered in determining that the use Comments were submitted by meeting.) EPA’s project manager for this of the sludge as an ingredient in the concerned citizens living in a XL project attended the June 13, 2001 production of cement is legitimate community near the IBM East Fishkill Superfund public meeting, hosted the recycling. facility who are also involved as Availability Session, discussed this XL As for ETC’s position that this stakeholders in the cleanup of the project with interested persons, and recycling scenario is simply dilution, Shenandoah Road Groundwater distributed copies of the fact sheet. the Agency acknowledges that the 1:200 Contamination Superfund Site, a Comments that were received during ratio of sludge to normal raw materials remediation activity for which the IBM and immediately after the Availability might, in and of itself, lead one to East Fishkill facility was identified as a Session were subsequently addressed by assume that impermissible dilution is Potentially Responsible Party (PRP). The letter or e-mail. Therefore, although occurring. Indeed, the Agency stated as Agency is taking this opportunity to neither a public meeting nor an much in the preamble to the proposed address some of the concerns expressed extension of the comment period was rule (see 66 FR at 30354); however, as by these citizens. The sludge involved granted specific to this XL project or EPA also discussed, upon further in this XL project was not disposed of proposed rule, the Agency took steps to evaluation, one can see that the ratio is at the Superfund site, and the address the concerns raised. merely a function of the relatively small production lines and wastewater volume of electroplating sludge treatment systems involved in B. Environmental Technology Council generated by the IBM facility and the generating the sludge are not associated The Environmental Technology relatively large volume of raw materials with operations which resulted in the Council (ETC) is a national trade typically processed by a cement
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manufacturer. It is not, as ETC asserts, proposed for cadmium (i.e., 0.88 mg/kg) Agency has determined that it is more an attempt to simply dispose of the for the sludge to be conditionally appropriate to re-propose a cadmium sludge by diluting it into a much larger excluded from the definition of solid threshold level that more accurately volume of raw materials. In making this waste, IBM informed EPA; EPA then reflects the potential variability of claim, ETC ignores the fact that the requested that IBM provide a detailed cadmium concentrations in lime, and its sludge does indeed contribute a very analysis of the lime used in the attendant impact on the cadmium integral part of the ingredient mixture wastewater treatment process (which concentrations in the sludge generated necessary to produce cement (i.e., IBM received from the distributor of the using the lime. calcium). Furthermore, as stated earlier, lime). This analysis showed that the the concentrations of hazardous lime being used by IBM at the time In defining a cadmium threshold that constituents in the sludge and in the contained 2.0 ppm cadmium. The would be more appropriate and reflect analogous raw materials are comparable. Agency believes that, because the lime the natural variability in raw materials Therefore, to the extent that there is any makes up such a high proportion of the normally used as ingredients in cement, ‘‘dilution’’ of the hazardous constituents sludge (typically more than 90%, the Agency learned that the lime IBM in the sludge, the Agency believes it according to IBM), the cadmium levels uses for treating the electroplating would be nominal, incidental, and in the sludge are consistent with what wastewaters is held to a maximum consistent with the processing that the would be expected given the cadmium concentration of 2.0 ppm, which is the normal raw materials undergo in the levels in the lime. standard for cadmium concentrations in production of cement (i.e., similar to the In considering how to proceed, one lime used for conditioning (or treating) ‘‘dilution’’ that occurs when only option was to keep the proposed drinking water.2 Assuming that the lime normal raw materials are used). Finally, threshold level of cadmium in the used to generate the sludge will not the Agency notes that ETC wastewater treatment sludge and exceed 2.0 ppm cadmium, the sludge acknowledges in their comments that disallow any sludge not meeting this should also not exceed this level. level from being conditionally excluded the Toxicity Characteristic Leaching Therefore, the Agency is today from the definition of solid waste under Procedure (TCLP) data provided in proposing that the threshold level for support of this rulemaking indicate that the pilot project. Under this approach, cadmium be set at 2.0 mg/kg (rather the sludge would meet the applicable if the Agency finalizes the site-specific Land Disposal Restrictions treatment exclusion, and did so as originally than the previously proposed level of standards as generated, without proposed, IBM could begin to use the 0.88 mg/kg). The Agency believes that requiring further treatment. Given that sludge as an ingredient in cement once this threshold level more accurately the sludge already meets the treatment the sludge met the proposed conditions reflects the upper limit of the standards that would apply if it was of the exclusion. However, this concentration of cadmium naturally disposed of in a Subtitle C permitted approach seems inappropriate, occurring in the specific lime used to hazardous waste landfill, ‘‘dilution’’ as especially considering that the lime generate the electroplating sludge. an impermissible substitute for the containing 2.0 ppm cadmium could Finally, the Agency notes that while appropriate treatment of the hazardous itself be used as an ingredient in cement it is publishing the entire text of the constituents is a moot point (see 40 CFR outside of RCRA jurisdiction (the lime regulatory language that was proposed 268.3). is a commercial product, not a solid in the June 6, 2001 Federal Register waste). Put another way, the Agency document to provide context for the V. Discussion of the Change From the believes it would be inappropriate to proposed change in this supplemental June 6, 2001 Proposed Rule disallow the sludge (which is primarily Since the June 6, 2001 proposal, IBM lime) from being used as an ingredient proposal, the Agency is only soliciting continued to sample and analyze the because of a contaminant in the lime. comment on the revised cadmium sludge that is the focus of this pilot Therefore this was not considered a threshold level. project. In the course of this sampling viable option. and analysis effort, IBM discovered that An alternative option is to re-propose 2 In considering a more appropriate cadmium the concentration of cadmium in the a more realistic threshold level for threshold level, the Agency contacted the National Lime Association (NLA) for generic information sludge had increased to 1.5182 ppm. cadmium, based on the potential regarding the variability of metal concentrations IBM then conducted a thorough presence of cadmium in the lime used naturally occurring in lime on a national basis. inventory of the materials and in wastewater treatment. The Agency Such comprehensive information was not readily equipment used in the production notes that the slightly higher available. However, in considering whether the processes and determined that cadmium concentration of cadmium in the sludge Agency should characterize the constituent 1 concentrations of cadmium in lime on a national is not used . In the June 6, 2001 (as well as the proposed change to the basis (a somewhat daunting task), EPA learned that proposal, the Agency discussed IBM’s cadmium threshold level to reflect that such a characterization may not be necessary to assumption that the cadmium detected concentration) has no effect on the develop a threshold level that appropriately reflects in the wastewater treatment sludge is Agency’s determination that the sludge the cadmium concentrations in the lime the IBM is analogous to the raw materials that East Fishkill facility uses. Rather, as the Agency present as a contaminant in the lime learned from the NLA, the lime products provided used in the wastewater treatment would otherwise be used as ingredients by IBM’s distributor are ANSI–60 (UL) certified as process (see Footnote 4, 66 FR 30354). in the production of cement. And, as water treatment chemicals. This means that these This appears to be the case. discussed briefly in the proposal (see 66 products (including the lime used in IBM’s Upon learning that in some instances FR 30354, June 6, 2001), a certain wastewater treatment system) meet the applicable concentration criteria for heavy metals, including the sludge would not meet the threshold amount of variability in the constituent cadmium (which is 2 ppm), as long as the products level that the Agency had originally concentrations in the normal raw are used per specifications. In other words, the materials used to produce cement is specific lime used by this specific IBM facility is 1 Note that, as mentioned in the original proposed typical, if not expected. In proposing the certified to have no more than 2 ppm cadmium. rule (see Footnote 4, 66 FR at 30354, June 6, 2001), original cadmium threshold of 0.88 mg/ Given that this is a site-specific rulemaking, EPA during the development of this XL project, IBM had considers this 2 ppm cadmium concentration to be previously conducted a review of the materials used kg, the Agency assumed that this would a more appropriate threshold level for this specific in the facility’s production processes and account for such variability. Obviously, site than a threshold level reflecting the cadmium determined that cadmium is not used at the facility. this was not the case. Therefore, the concentrations developed on a national basis.
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VI. Statutory and Executive Order owned and operated and is not timely input in the development of EPA Reviews dominant in its field. regulatory proposals with significant After considering the economic Federal intergovernmental mandates, A. Executive Order 12866 impacts of today’s proposed rule on and informing, educating, and advising Under Executive Order 12866 (58 FR small entities, I certify that this action small governments on compliance with 51735), the Agency must determine will not have a significant economic the regulatory requirements. whether this regulatory action is impact on a substantial number of small As noted above, this rule is applicable ‘‘significant’’ and therefore subject to entities. This proposed rule will not only to one facility in New York. EPA formal review by the Office of impose any requirements on small has determined that this rule contains Management and Budget (OMB) and to entities because it only affects the IBM no regulatory requirements that might the requirements of the Executive Order, facility in Hopewell Junction, NY and significantly or uniquely affect small which include assessing the costs and which does not fit the definition of governments. EPA has also determined benefits anticipated as a result of this small entity. that this rule does not contain a Federal mandate that may result in expenditures regulatory action. The Order defines C. Paperwork Reduction Act ‘‘significant regulatory’’ action as one of $100 million or more for State, local, that is likely to result in a rule that may: This action applies only to one and Tribal governments, in the (1) Have an annual effect on the facility, and therefore requires no aggregate, or the private sector in any information collection activities subject economy of $100 million or more or one year. Thus, today’s rule is not to the Paperwork Reduction Act, and adversely affect in a material way the subject to the requirements of sections therefore no information collection economy, a sector of the economy, 202 and 205 of the UMRA. request (ICR) will be submitted to OMB productivity, competition, jobs, the for review in compliance with the E. Executive Order 13132 environment, public health or safety, or Paperwork Reduction Act, 44 U.S.C. Executive Order 13132, entitled State, local, or Tribal governments or 3501, et seq. ‘‘Federalism’’ (64 FR 43255, August 10, communities; (2) create a serious 1999), requires EPA to develop an inconsistency or otherwise interfere D. Unfunded Mandates Reform Act accountable process to ensure with an action taken or planned by Title II of the Unfunded Mandates meaningful and timely input by State another agency; (3) materially alter the Reform Act of 1995 (UMRA), Public and local officials in the development of budgetary impact of entitlements, Law 104–4, establishes requirements for regulatory policies that have federalism grants, user fees, or loan programs or the Federal agencies to assess the effects of implications. ‘‘Policies that have rights and obligations of recipients their regulatory actions on State, local, federalism implications’’ is defined in thereof; or (4) raise novel legal or policy and Tribal governments and the private the Executive Order to include issues arising out of legal mandates, the sector. Under section 202 of the UMRA, regulations that have ‘‘substantial direct President’s priorities, or the principles EPA generally must prepare a written effects on the States, on the relationship set forth in the Executive Order. statement, including a cost-benefit between the national government and Because this rule affects only one analysis, for proposed and final rules the States, or on the distribution of facility, it is not a rule of general with ‘‘Federal mandates’’ that may power and responsibilities among the applicability and therefore not subject to result in expenditures by State, local, various levels of government.’’ OMB review and Executive Order and Tribal governments, in the Today’s proposal, which supplements 12866. In addition, OMB has agreed that aggregate, or to the private sector, of the earlier proposal, does not have review of site-specific rules under $100 million or more in any one year. federalism implications. It will not have Project XL is not necessary. Before promulgating a rule for which a substantial direct effect on States, on B. Regulatory Flexibility Act (RFA), as a written statement is needed, section the relationship between the national Amended by the Small Business 205 of the UMRA generally requires government and the States, or on the Regulatory Enforcement Fairness Act of EPA to identify and consider a distribution of powers and 1996 (SBREFA), 5 U.S.C. 601 et. seq. reasonable number of regulatory responsibilities among the various alternatives and adopt the least costly, levels of government, as specified in The RFA generally requires an agency most cost-effective or least burdensome Executive Order 13132. Today’s to prepare a regulatory flexibility alternative that achieves the objectives supplemental proposal will only affect analysis of any rule subject to notice of the rule. The provisions of section one facility, providing regulatory and comment rulemaking requirements 205 do not apply when they are flexibility applicable to this specific under the Administrative Procedure Act inconsistent with applicable law. site. Thus, Executive Order 13132 does or any other statute unless the agency Moreover, section 205 allows EPA to not apply to this rule. certifies that the rule will not have a adopt an alternative other than the least significant economic impact on a costly, most cost-effective, or least F. Executive Order 13175 substantial number of small entities. burdensome alternative if the Executive Order 13175, entitled Small entities include small businesses, Administrator publishes with the final ‘‘Consultation and Coordination with small organizations, and small rule an explanation why that alternative Indian Tribal Governments’’ (65 FR governmental jurisdictions. For was not adopted. 67249, November 6, 2000), requires EPA purposes of assessing the impacts of Before EPA establishes any regulatory to develop an accountable process to today’s rule on small entities, small requirements that may significantly or ensure ‘‘meaningful and timely input by entity is defined as: (1) A small uniquely affect small governments, Tribal officials in the development of business; (2) a small governmental including Tribal governments, it must regulatory policies that have Tribal jurisdiction that is a government of a have developed under section 203 of the implications.’’ ‘‘Policies that have Tribal city, county, town, school district or UMRA a small government agency plan. implications’’ is defined in the special district with a population of less The plan must provide for notifying Executive Order to include regulations than 50,000; and (3) a small potentially affected small governments, that have ‘‘substantial direct effects on organization that is any not-for-profit enable officials of affected small one or more Indian tribes, on the enterprise which is independently governments to have meaningful and relationship between the Federal
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government and the Indian tribes, or on prices, increased cost of energy OSWER Environmental Justice Action the distribution of power and distribution, or an increased Agenda. responsibilities between the Federal dependence on foreign supplies of Today’s proposal, which supplements government and Indian tribes.’’ Today’s energy. an earlier proposal, applies to one proposal, which supplements the earlier facility in New York. Overall, no I. National Technology Transfer and proposal, does not have Tribal disproportional impacts to minority or Advancement Act of 1995 implications. It will not have substantial low income communities are expected. direct effects on Tribal governments, on Section 12(d) of the National the relationship between the Federal Technology Transfer and Advancement VII. RCRA & Hazardous and Solid government and Indian tribes, or on the Act of 1995 (‘‘NTTAA,’’ Public Law Waste Amendments of 1984 distribution of power and 104–113, section 12(d) (15 U.S.C. 272 A. Applicability of Rules in Authorized responsibilities between the Federal note) directs EPA to use voluntary States government and Indian tribes, as consensus standards in its regulatory Under section 3006 of RCRA, EPA specified in Executive Order 13175. activities unless to do so would be may authorize qualified States to EPA is currently unaware of any Indian inconsistent with applicable law or administer and enforce the RCRA tribes located in the vicinity of the otherwise impractical. Voluntary program for hazardous waste within the facility. Thus, Executive Order 13175 consensus standards are technical State. (See 40 CFR part 271 for the does not apply to this rule. standards (e.g., materials specifications, test methods, sampling procedures, and standards and requirements for G. Executive Order 13045 business practices) that are developed or authorization.) States with final Executive Order 13045, entitled adopted by voluntary consensus authorization administer their own ‘‘Protection of Children From standards bodies. The NTTAA directs hazardous waste programs in lieu of the Environmental Health Risks and Safety EPA to provide Congress, through OMB, Federal program. Following Risks’’ (62 FR 19885, April 23, 1997), explanations when the Agency decides authorization, EPA retains enforcement applies to any rule that: (1) Is not to use available and applicable authority under sections 3008, 7003 and determined to be ‘‘economically voluntary consensus standards. Today’s 3013 of RCRA. significant’’ as defined under Executive proposal, which supplements the earlier After authorization, Federal rules Order 12866, and (2) concerns an proposal, does not establish technical written under RCRA (non-HSWA), no environmental health or safety risk that standards. Therefore, EPA did not longer apply in the authorized State EPA has reason to believe may have a consider the use of any voluntary except for those issued pursuant to the disproportionate effect on children. If consensus standards. Hazardous and Solid Waste Act the regulatory action meets both criteria, Amendments of 1984 (HSWA). New J. Executive Order 12898 the Agency must evaluate the Federal requirements imposed by those environmental health or safety effects of Executive Order 12898, ‘‘Federal rules do not take effect in an authorized the planned rule on children and Actions to Address Environmental State until the State adopts the explain why the planned regulation is Justice in Minority Populations and requirements as State law. preferable to other potential effective Low-Income Populations’’ (February 11, In contrast, under section 3006(g) of and reasonably feasible alternatives 1994), is designed to address the RCRA, new requirements and considered by the Agency. environmental and human health prohibitions imposed by HSWA take This proposed rule is not subject to conditions of minority and low-income effect in authorized States at the same Executive Order 13045 because it is not populations. EPA is committed to time they take effect in nonauthorized an economically significant rule as addressing environmental justice States. EPA is directed to carry out defined by Executive Order 12866, and concerns and has assumed a leadership HSWA requirements and prohibitions in because the Agency does not have role in environmental justice initiatives authorized States until the State is reason to believe the environmental to enhance environmental quality for all granted authorization to do so. citizens of the United States. The health or safety risks addressed by this B. Effect on New York Authorization action present a disproportionate risk to Agency’s goals are to ensure that no children because this action raises the segment of the population, regardless of The proposed rule, which today’s threshold level of cadmium to the race, color, national origin, income, or notice supplements, if finalized, will be concentration that naturally occurs in net worth bears disproportionately high promulgated pursuant to non-HSWA lime used to generate electroplating and adverse human health and authority, rather than HSWA. New York sludge. The public is invited to submit environmental impacts as a result of has received authority to administer or identify peer-reviewed studies and EPA’s policies, programs, and activities. most of the RCRA program; thus, data, of which the Agency may not be In response to Executive Order 12898, authorized provisions of the State’s aware, that assessed results of early life EPA’s Office of Solid Waste and hazardous waste program are exposure to cadmium that occurs Emergency Response (OSWER) formed administered in lieu of the Federal naturally in raw materials that are used an Environmental Justice Task Force to program. New York has received in cement production. analyze the array of environmental authority to administer the regulations justice issues specific to waste programs that define solid wastes. As a result, if H. Executive Order 13211 and to develop an overall strategy to the proposed rule to modify the existing This rule is not a ‘‘significant energy identify and address these issues regulations to provide a site-specific action’’ as defined in Executive Order (OSWER Directive No. 9200.3–17). To exclusion for IBM’s wastewater 13211, ‘‘Actions Concerning Regulations address this goal, EPA conducted a treatment sludge is finalized, it would That Significantly Affect Energy Supply, qualitative analysis of the not be effective in New York until the Distribution, or Use’’ (66 FR 28355, May environmental justice issues under the State adopts the modification. It is 22, 2001) because it is not likely to have national proposed rule. Potential EPA’s understanding that subsequent to a significant adverse effect on the environmental justice impacts are the promulgation of the final rule, New supply, distribution, or use of energy. It identified consistent with the EPA’s York intends to propose rules or other will not result in increased energy Environmental Justice Strategy and the legal mechanisms to provide the
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exclusion. EPA may not enforce these (ii) The sludge is not stored on the Cadmium 2.0 mg/kg requirements until it approves the State land, and protective measures are taken Chromium (total) 22.9 mg/kg requirements as a revision to the to ensure against wind dispersal and Cyanide (amenable) 0.815 mg/kg authorized State program. precipitation run-off. Cyanide (total) 0.815 mg/kg (iii) The sludge is not accumulated Lead 18.8 mg/kg List of Subjects in 40 CFR Part 261 Nickel 10.4 mg/kg speculatively, as defined in Silver 2.1 mg/kg Environmental protection, Hazardous § 261.1(c)(8). materials, Waste treatment and disposal, (iv) A representative sample of the (v) An accounting is made of the Recycling. sludge undergoes constituent analysis volumes of sludge that are recycled, by IBM (using the methods specified in with an assessment of how much less Dated: April 4, 2003. 40 CFR part 264, appendix analogous raw materials are used to Christine Todd Whitman, IX) demonstrating that the sludge produce the same volume of cement Administrator. contains constituents at no greater product, or how much more cement is For the reasons set forth in the concentrations than the thresholds produced attributable to the volume of preamble, part 261 of chapter I of title presented below. Sludges generated by sludge that is processed. IBM must 40 of the Code of Federal Regulations is different wastewater treatment systems acquire this information from the proposed to be amended as follows: must be analyzed separately cement manufacturing facility. (commingling of the sludges is (vi) IBM documents each shipment of PART 261—IDENTIFICATION AND permissible after sampling). This the sludge, including where the sludge LISTING OF HAZARDOUS WASTE sampling and analysis must be was sent, the date of the shipment, the date that the shipment was received and 1. The authority citation for part 261 conducted every three months for an the volume of each shipment. continues to read as follows: initial 12-month period, which can include the immediate period prior to (vii) IBM provides EPA and NYSDEC Authority: 42 U.S.C. 6905, 6912(a), 6921, the effective date of this exclusion. After with semi-annual reports detailing all of 6922, 6924(y), and 6938. the initial 12-month reporting period the information in paragraphs (a)(22)(i)– 2. Section 261.4 is amended by (i.e., four sampling/analysis events), (vi) of this section for the duration of the adding paragraph (a)(22) to read as sampling and analysis must be project. follows: conducted every six months for the (viii) Should any of the conditions of duration of the project. Additionally, paragraphs (a)(22)(i)–(vii) of this section § 261.4 Exclusions. after any change in either the not be met, the exclusion provided in * * * * * manufacturing process or the this provision will not be applicable and (a) * * * wastewater treatment process that could the wastewater treatment sludge will be (22) Dewatered wastewater treatment affect the chemical composition of the subject to the applicable RCRA Subtitle sludges generated by the International wastewater treatment sludge, sampling C regulations until the conditions are Business Machines Corporation (IBM) and analysis must be conducted. In once again met. East Fishkill facility in Hopewell addition to the constituents for which (ix) The provisions of this section Junction, New York, provided that: threshold levels are established, IBM shall expire on [DATE FIVE YEARS (i) The sludge is recycled as an must analyze and report the FROM EFFECTIVE DATE OF FINAL ingredient in the manufacture of cement concentration levels of mercury and RULE]. meeting appropriate product beryllium. The threshold concentrations * * * * * specifications by a cement are as follows: [FR Doc. 03–9047 Filed 4–11–03; 8:45 am] manufacturing facility. Arsenic 3.0 mg/kg BILLING CODE 6560–50–P
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Part VII
Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations; Final Rule
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ENVIRONMENTAL PROTECTION Therefore, we do not know the extent to is available for public viewing. The EPA AGENCY which the adverse health effects Docket Center Public Reading Room is described above occur in the open from 8:30 a.m. to 4:30 p.m., 40 CFR Part 63 populations surrounding these facilities. Monday through Friday, excluding legal [OAR–2002–0080; FRL–7461–1] However, to the extent the adverse holidays. The telephone number for the effects do occur, and today’s final rule Reading Room is (202) 566–1744, and RIN 2060–AH42 reduces emissions, subsequent the telephone number for the Air Docket exposures will be reduced. This final is (202) 566–1742. National Emission Standards for rule will reduce HAP emissions by 6.5 Hazardous Air Pollutants: Flexible Electronic Docket Access. You may tons per year (tpy) from each new or Polyurethane Foam Fabrication access the final rule electronically reconstructed affected source Operations through the EPA Internet under the performing flame lamination. Federal Register listings at http:// AGENCY: Environmental Protection EFFECTIVE DATE: April 14, 2003. www.epa.gov/fedrgstr/. Agency (EPA). ADDRESSES: Docket. We have An electronic version of the public ACTION: Final rule. established an official public docket for docket is available through EPA’s SUMMARY: This action promulgates this action under Docket ID No. OAR– electronic public docket and comment national emission standards for 2002–0080 or A–2000–43; available for system, EPA Dockets. You may use EPA hazardous air pollutants (NESHAP) for public viewing at the Office of Air and Dockets at http://www.epa.gov/edocket/ new and existing sources at flexible Radiation Docket and Information to view public comments, access the polyurethane foam fabrication facilities. Center (Air Docket) in the EPA Docket index listing of the contents of the The EPA has identified flexible Center, (EPA/DC) EPA West, Room official public docket, and to access polyurethane foam fabrication facilities B102, 1301 Constitution Avenue, NW., those documents in the public docket as major sources of hazardous air Washington, DC. that are available electronically. pollutants (HAP) emissions. These FOR FURTHER INFORMATION CONTACT: For Although not all docket materials may standards will implement section 112(d) information concerning applicability be available electronically, you may still of the Clean Air Act (CAA) by requiring and rule determinations, contact your access any of the publicly available all such major sources to meet HAP State or local regulatory agency docket materials through the docket emission standards that reflect the representative or the appropriate EPA facility in the above paragraph entitled application of maximum achievable Regional Office representative. For ‘‘Docket.’’ Once in the system, select control technology (MACT). The information concerning analyses ‘‘search,’’ then key in the appropriate primary HAP that will be controlled performed in developing this rule, docket identification number. with this action include hydrochloric contact Ms. Maria Noell, Organic Judicial Review. Under CAA section acid (HCl), 2,4-toluene diisocyanate Chemicals Group, Emission Standards 307(b), judicial review of the final (TDI), and hydrogen cyanide (HCN). Division (C504–04), U.S. EPA, Research NESHAP is available only by filing a This action will also preclude the use of Triangle Park, North Carolina, 27711; petition for review in the U.S. Court of methylene chloride. Exposure to these telephone number (919) 541–5607; fax Appeals for the District of Columbia substances has been demonstrated to number (919) 541–0942; electronic mail Circuit on or before June 13, 2003. Only cause adverse health effects such as address: [email protected]. those objections to the NESHAP which irritation of the lung, eye, and mucous SUPPLEMENTARY INFORMATION: were raised with reasonable specificity membranes, effects on the central Docket. The official public docket during the period for public comment nervous system, and cancer. We do not consists of the documents specifically may be raised during judicial review. have the type of current detailed data on referenced in this action, any public Under section 307(b)(2)of the CAA, the each of the facilities and the people comments received, and other requirements established by today’s living around the facilities covered by information related to this action. final action may not be challenged today’s final rule for this source Although a part of the official docket, separately in any civil or criminal category that would be necessary to the public docket does not include proceeding we bring to enforce these conduct an analysis to determine the Confidential Business Information or requirements. actual population exposures to the HAP other information whose disclosure is Regulated Entities. Categories and emitted from these facilities and the restricted by statute. The official public entities potentially regulated by this potential for resultant health effects. docket is the collection of materials that action include:
Category SIC a NAICS b Regulated entities
Industry ...... 3086 32615 Fabricators of flexible polyurethane foam. a Standard Industrial Classification. b North American Information Classification System
This list is not intended to be particular entity, consult your State or (TTN). Following signature, a copy of exhaustive, but rather provides a guide local agency (or EPA Regional Office) the rule will be posted on the TTN’s for readers regarding entities likely to be described in the preceding FOR FURTHER policy and guidance page for newly regulated by this action. To determine INFORMATION CONTACT section. proposed or promulgated rules http:// whether your facility is regulated by this Worldwide Web (WWW). In addition www.epa.gov/ttn/oarpg. action, you should examine the to being available in the docket, an Outline. The information in this applicability criteria in § 63.8782 of the electronic copy of this final rule will preamble is organized as follows: rule. If you have questions regarding the also be available on the WWW through I. Introduction and Background applicability of this action to a the Technology Transfer Network
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A. What is the source of authority for to reflect the maximum degree of research group. In the post-proposal development of NESHAP? reduction in emissions of HAP that is period, we talked with commenters and B. What criteria are used in the achievable. This level of control is other stakeholders to clarify comments development of NESHAP? commonly referred to as the MACT. and to assist in our analysis of the C. How did the public participate in The minimum control level allowed developing the rule? comments. Records of these contacts are D. Description of Source Category for NESHAP, which we refer to as the found in Docket OAR–2000–0080 or II. Summary of Changes Since Proposal ‘‘MACT floor,’’ is defined under section Docket A–2000–43. All of the comments III. Summary of the Final Rule 112(d)(3) of the CAA. In essence, the have been carefully considered, and, A. What are the affected sources? MACT floor ensures that standards are where appropriate, changes have been B. What are the emissions limitations and set at a level that assures that all major made for the final rule. compliance dates? sources achieve the level of control at C. What are the testing, initial compliance, least as stringent as that already D. Description of Source Category and continuous compliance achieved by the better-controlled and Today’s NESHAP apply to the requirements? lower-emitting sources in each source D. What are the notification, Flexible Polyurethane Foam Fabrication recordkeeping, and reporting category or subcategory. For new Operations source category. This source requirements? sources, the MACT floor cannot be less category includes operations engaged in IV. Summary of Major Comments and stringent than the emission control that cutting, gluing, and/or laminating pieces Responses is achieved in practice by the best- of flexible polyurethane foam. This A. What sources are subject to the rule? controlled similar source. The MACT includes fabrication operations that are B. What issues were raised regarding standards for existing sources can be located at foam production plants, as adhesive-use sources? less stringent than standards for new C. What issues were raised regarding flame well as those that are located off-site sources, but they cannot be less from foam production plants. lamination sources? stringent than the average emission V. What are the environmental, cost, and We have identified two subcategories economic impacts of the final rule? limitation achieved by the best- under the Flexible Polyurethane Foam VI. Statutory and Executive Order Reviews performing 12 percent of existing Fabrication Operations source category. A. Executive Order 12866—Regulatory sources in the category or subcategory These subcategories are loop slitter Planning and Review (or the best-performing five sources for HAP-based adhesive use and flame B. Paperwork Reduction Act categories or subcategories with fewer lamination. C. Regulatory Flexibility Act (RFA) than 30 sources). D. Unfunded Mandates Reform Act of 1995 In developing MACT, we also Loop Slitter Adhesive Use: A loop E. Executive Order 13132—Federalism consider control options that are more slitter is a large machine used to create F. Executive Order 13175—Consultation stringent than the floor. We may thin sheets of foam from the large blocks and Coordination with Indian Tribal establish standards more stringent than of foam or ‘‘buns’’ created at a foam Governments the floor based on consideration of the production plant. In order to comply G. Executive Order 13045—Protection of with Occupational Health and Safety Children from Environmental Health cost of achieving the emission reductions, any non-air quality health Administration (OSHA) regulations, Risks and Safety Risks loop slitters have converted from a H. Executive Order 13211—Actions and environmental impacts, and energy reliance on methylene chloride-based Concerning Regulations That requirements. Significantly Affect Energy Supply, adhesives to other non-HAP alternatives Distribution, or Use C. How Did the Public Participate in since the mid-1990’s. As a result of the I. National Technology Transfer and Developing the Rule? OSHA regulations, we believe that the Advancement Act of 1995 Prior to proposal, we met with foam fabrication industry has effectively J. Congressional Review Act industry representatives and State discontinued the use of methylene I. Introduction and Background regulatory authorities several times to chloride-based adhesives on loop discuss the data and information used to slitters. Consequently, our estimate of A. What Is the Source of Authority for develop the proposed standards. In current nationwide HAP emissions from Development of NESHAP? addition, these and other potential loop slitter adhesive use prior to the Section 112 of the CAA requires us to stakeholders, including equipment development of the NESHAP (referred list categories and subcategories of vendors and environmental groups, had to as ‘‘baseline emissions’’) is zero. major sources and area sources of HAP opportunity to comment on the Flame Lamination: In the flame and to establish NESHAP for the listed proposed standards. lamination process, foam is scorched to source categories and subcategories. The The proposed rule was published in adhere it to various substrates. This category of major sources covered by the Federal Register on August 8, 2001 process releases particulates and HAP. today’s final rule was listed on July 16, (66 FR 41718). The preamble to the We have identified HCN, TDI, and HCl 1992 (57 FR 31576). Major source under proposed rule discussed the availability as HAP emitted as a result of flame section 112 means any stationary source of technical support documents, which lamination. Specific HAP released are or group of stationary sources located described in detail the information dependent on the contents of the foam within a contiguous area and under gathered during the standards being laminated at a given time. With common control that emits or has the development process. Public comments the exception of HCl, these HAP are potential to emit, considering controls, were solicited at proposal, including a generally released in very small 10 tpy or more of any one HAP or 25 specific request for comments with amounts. tpy or more of any combination of HAP. regard to the potential existence of non- II. Summary of Changes Since Proposal slitter adhesive use by major sources. B. What Criteria Are Used in the We received eight public comment In response to comments received on Development of NESHAP? letters on the proposed rule. The the proposed NESHAP and further Section 112 of the CAA requires that commenters represent the following analysis, we made two significant we establish NESHAP for the control of affiliations: foam fabricators (2 changes for the final rule, and a small HAP from both new and existing major companies), industrial trade number of other changes for editorial sources. The CAA requires the NESHAP associations (5), and one private purposes and clarification.
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The proposed rule included an III. Summary of Final Rule C. What Are the Testing, Initial emission limit for loop slitters of zero Compliance, and Continuous A. What Are the Affected Sources? HAP emissions. Information Compliance Requirements? subsequently supplied by commenters The final rule defines two affected If you own or operate a flexible and industry contacts demonstrated that sources (units or collections of units to polyurethane foam fabrication loop the widely used n-propyl bromide which a given standard or limit applies) slitter adhesive use or flame lamination adhesives originally believed to be non- corresponding to the two subcategories, affected source, you must comply with HAP actually contain small amounts of loop slitter adhesive use and flame the testing, initial compliance, and HAP. lamination. The loop slitter adhesive continuous compliance requirements in use affected source is the collection of the following paragraphs. In accordance with the definition of loop slitters and associated adhesive ‘‘HAP-based’’ in the Flexible application equipment used to apply Loop Slitter Adhesive Use Polyurethane Foam Production HAP-based adhesives to bond foam to If you own or operate a loop slitter NESHAP (40 CFR part 63, subpart III), foam at a flexible polyurethane foam affected source, you must demonstrate we have changed the definition of fabrication plant site. Loop slitter initial and continuous compliance by ‘‘HAP-based adhesive’’ to contain 5 affected sources, located at plant sites certifying that no HAP-based adhesives percent (by weight) or more of HAP. We that are major sources of HAP, that are are or will be used. You must submit also changed the emission limit using HAP-based adhesives on or after this initial certification within 60 days accordingly. April 14, 2003, are subject to the of the compliance date. The certification At post proposal, it came to our NESHAP, including the applicable must be accompanied by documentation attention that the test methods specified emission limit and reporting and stating what the facility will use for for measurement of HCN emissions from recordkeeping requirements. However, adhesives, along with supporting process, storage tank, and transfer vents loop slitter affected sources that have information to document the HAP (EPA Methods 18, 25, and 25A) have not eliminated use of HAP-based adhesives content of adhesives used at the facility, been validated for measurement of HCN. by April 14, 2003, are not subject to the such as Method 311 results or other NESHAP. The flame lamination affected Test methods that have been used for approved information. Thereafter, on a source is the collection of all flame measurement of HCN include the EPA yearly basis, you must recertify laminators and associated rollers at a compliance, including HAP content Conditional Test Method CTM–033 flexible polyurethane foam fabrication ‘‘Draft Method for Sampling and information on any new adhesives used plant site associated with the flame at the source. Analysis of Hydrogen Cyanide lamination of foam to any substrate. Emissions for Stationary Sources’’ and The final rule allows you to use methods other than Method 311, California Air Resources Board Method B. What Are the Emission Limitations including an approved alternative 426 (http://www.epa.gov/ttn/emc/ and Compliance Dates? method or any other reasonable means ctm.html) modified to use ion If you own or operate an existing, to determine the HAP content of chromatography for sample analysis. new, or reconstructed loop slitter adhesives. Other reasonable means However, neither of these methods have adhesive use affected source, the final include a material safety data sheet been fully validated at this time. rule prohibits you from using any HAP- (MSDS), a certified product data sheet Consequently, the final rule has been based adhesives. We are defining HAP- (CPDS), or a manufacturer’s hazardous written to require that the data from any based adhesives as adhesives containing air pollutant data sheet. However, if the test method used to measure HCN 5 percent (by weight) or greater of HAP, results of an analysis by EPA Method emissions from flame lamination where the concentration of HAP may be 311 are different from the HAP content sources must be validated using EPA determined using EPA Method 311 determined by another means, the EPA Method 301. (Analysis of Hazardous Air Pollutant Method 311 results will govern Another change made for the final Compounds in Paints and Coatings by compliance determinations. You are not Direct Injection Into a Gas rule was the addition of a definition for required to test the materials used, but Chromatograph) or other approved ‘‘research and development process’’ to the Administrator may require a test information. Existing affected sources using EPA Method 311 (or an approved clarify the provision in § 63.8782(d)(2) must be in compliance by April 14, that such processes are not subject to alternative method) to confirm the 2004. New or reconstructed sources reported HAP content. the rule, and a change to § 63.8786(e) so must be in compliance by the date of that collection of compliance data prior startup of the affected source, or by Flame Lamination to the compliance date is no longer April 14, 2003, whichever is later. If you own or operate a new or required. If you own or operate an existing reconstructed flame lamination affected We proposed to exclude non-slitters flame lamination affected source, you source, the final rule requires that you from the source category based on our are not required to meet any emission demonstrate initial compliance by findings that there were no non-slitters limitation; you are only subject to a conducting a performance test within using HAP-based adhesives located on requirement to submit an initial 180 days after the compliance date that the site of a major source, and solicited notification within 120 days after April demonstrates that HAP emissions are comment and supporting information 14, 2003. If you own or operate a new being reduced by 90 percent. In order to regarding that issue. We received no or reconstructed flame lamination demonstrate continuous compliance comment or supporting information affected source, the NESHAP requires with this emissions limit, you must contrary to our findings, therefore, we that you reduce HAP emissions from the continuously monitor control device are excluding the non-slitter adhesive affected source by 90 percent. Your new parameters. Specifically for venturi use from the source category definition. or reconstructed flame lamination scrubbers, which we believe will be the Additional changes were insignificant affected source must be in compliance control device of choice in most and editorial in nature. with the emission limit upon startup or situations, you are required to by April 14, 2003, whichever is later. continuously monitor the pH of the
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scrubber effluent, the scrubber liquid If you own or operate a source categories for which both area and major flow rate, and the pressure drop across complying with the standards for loop sources are regulated. the venturi. You must demonstrate slitter adhesive use, you must submit Response: According to section continuous compliance by these the Notification of Compliance Status 112(c)(3) of the CAA, the Administrator monitored parameters staying within within 60 days of the compliance date. must list area source categories the operating limits. Operating limits In the Notification of Compliance separately from major source categories, must be established for each parameter Status, you must list each adhesive used and only if the Administrator finds that based on monitoring conducted during at the affected source, the manufacturer a category of area sources ’’*** the initial performance test and reported or supplier of each, and the individual presents a threat of adverse effects to in your facility’s Notification of HAP content (percent by mass) of each human health or the environment (by Compliance Status Report. adhesive that is used. such sources individually or in the If you own or operate a facility that aggregate) warranting regulation under D. What Are the Notification, is subject to control requirements under this section.’’ We have listed flexible Recordkeeping, and Reporting these NESHAP, you must submit a foam fabrication operations as an area Requirements? Periodic Compliance report, which source category for further scrutiny and If you own or operate foam fabrication reports continued compliance with the will address the emissions from area operations at major sources, you must flame lamination new source emission sources in this source category in a submit several notifications and reports, limit semiannually, and continued separate action (64 FR 38721, July 19, which are listed and then briefly compliance with the loop slitter 1999). described in this section. First, you adhesive use HAP-based usage limit B. What Issues Were Raised Regarding must submit an initial notification. In annually. Adhesive-Use Sources? addition, if you own or operate a Finally, for the Startup, Shutdown, flexible polyurethane loop slitter and Malfunction report, if you own or Comment: The proposed rule adhesive use affected source or a new or operate a new or reconstructed flame included a provision that loop slitters reconstructed flame lamination affected lamination affected source, you must could use no HAP-based adhesives, source, you must also submit the report any startup, shutdown, or with HAP-based adhesives defined as following notification and reports: malfunction during the reporting period ‘‘an adhesive containing detectable • Notification of Intent to Conduct a which does not meet the emission HAP, according to EPA Method 311 or Performance Test (new or reconstructed limitations set out in 40 CFR 63.8790 another approved alternative.’’ The data flame laminators only); and is not in the facility’s startup, for existing loop slitters that were • Notification of Compliance Status shutdown, and malfunction plan. available to us during the development reports; If you own or operate a flame of the proposed rule indicated that 22 of • Periodic Compliance reports; and lamination or loop slitter adhesive use 30 facilities use no HAP-based • Startup, Shutdown, and source, you must maintain records of adhesives. Several commenters asserted Malfunction reports (new or reported information and other that the adhesives commonly used by reconstructed flame laminators only). information necessary to document the industry on their loop slitters do For the Initial Notification, you must compliance (e.g., records related to contain small amounts of HAP. A notify us that your facility is subject to malfunction, records that show survey conducted by one of the the Flexible Polyurethane Foam continuous compliance with emission commenters indicated that 11 of the 20 Fabrication Operations NESHAP, and limits) for 5 years. loop slitter facilities surveyed use an n- provide specified basic information propyl bromide adhesive which about your facility. You must submit IV. Summary of Major Comments and contains 0.32 to 1.0 percent 1,2- this notification within 120 days after Responses Epoxybutane by weight. April 14, 2003, for existing affected This section includes discussion of Response: The information supplied sources. If you own or operate a new or significant comments on the proposed by commenters and industry contacts reconstructed affected source, you are rule. For a complete summary of all the demonstrates that the widely-used n- required to submit the application for comments received on the proposed propyl bromide adhesives, originally construction or reconstruction required rule and our responses to them, refer to believed to be non-HAP, actually by § 63.9(b)(iii) of the 40 CFR part 63, the ‘‘Background Information Document contain trace amounts of HAP, which subpart A, in lieu of the Initial for Promulgation of National Emissions we believe are present mostly as Notification. Standards for Hazardous Air Pollutant impurities. In accordance with the For the Notification of Intent report, (NESHAP): Flexible Polyurethane Foam definition of ‘‘HAP-based’’ in the for each new or reconstructed flame Fabrication’’ (hereafter called the Flexible Polyurethane Foam Production lamination affected source that you own ‘‘response to comments document’’) in NESHAP (40 CFR part 63, subpart III), or operate, you must notify us in writing Docket OAR–2002–0080 or A–2000–43. we have written the definition of ‘‘HAP- of the intent to conduct a performance The docket also contains the actual based adhesive’’ in the final rule to test at least 60 days before the comment letters and supporting contain 5 percent (by weight) or more of performance test is scheduled to begin. documentation developed for the final HAP. You must submit the Notification of rule. Comment: Several commenters Compliance Status report within 60 recommended that we set a numerical, days of completion of the performance A. What Sources Are Subject to the technology-based emission limitation test. As part of the Notification of Rule? for loop slitters, rather than banning the Compliance Status, you must include a Comment: We received one comment use of HAP-based adhesives. The certified notification of compliance that requesting that we regulate area sources commenters explained that a numerical states the compliance status of the in the flexible polyurethane foam or technology-based MACT standard facility, along with supporting fabrication industry. The commenter would allow industry to lower their information (e.g., performance test asserted that there are a large number of emissions using control technologies results and operating parameter values area sources in this source category and that are currently available or being and ranges). cited examples of other source developed.
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Response: Our determination that the recommended that we regulate those In addition to controls, we also MACT floor for loop slitter adhesive use emissions so as not to exacerbate local investigated the possibility that is no HAP-based adhesives makes the efforts to comply with other air materials substitution or work practice use of a numerical or technology-based pollution regulations. standards could represent the MACT emission limitation inappropriate. Response: The NESHAP for foam floor. Although it may be possible to greatly fabrication operations protects air The flame lamination of any foam reduce HAP emissions through use of quality and promotes the public health generates HAP emissions, most notably technology, we believe that elimination by reducing emissions of some of the HCN and TDI. These compounds are of the use of HAP-based adhesives in HAP listed in section 112(b)(1) of the present in the foam as a result of the loop slitter operations is required by CAA. The mandate for the NESHAP polyurethane foam manufacturing section 112(d)(3) of the CAA because of program does not extend to control of process, which is regulated under the number of facilities using no HAP- VOC (unless they are HAP). separate MACT standards. Changing the based adhesives in their loop slitter Additionally, VOC emissions are use of these compounds would change operations. Accordingly, no changes addressed elsewhere in the CAA, both the inherent properties of the foam and, were made for the final rule with regard in section 110 which addresses State thus, we rejected this raw material to this issue. implementation plans for States with substitution as a potential MACT floor Comment: Comments were received ozone nonattainment areas under the control strategy. encouraging us to regulate non-slitter national ambient air quality standards; In addition, the flame lamination of adhesive use applications in order to and in section 111, which includes new foams containing chlorinated fire control emissions of methylene source performance standards. retardants also results in emission of the chloride. The commenter asserted that Moreover, the current record does not HAP HCl. The frequency of use of many major source facilities are still indicate that there are any significant chlorinated fire retardant foams varies using methylene chloride-based secondary air impacts (i.e., increased considerably from one facility to adhesives in non-loop slitter emissions of other HAP or VOC) from another, and may also vary over time at applications. the use of alternatives to methylene any single facility. Although some Response: In the preamble to the chloride. Thus, the Agency finds that facilities do not use fire retardant foams proposed rule, we specifically requested the investigation requested by the at all, most use them some of the time. comments on this issue. We stated that commenter is unwarranted. We believe The fire retardancy is a necessary if comments demonstrated that ‘‘there that the reporting requirements that characteristic of the foam where the are non-sliter adhesive sources using were proposed for loop slitter facilities customer requires fire retardancy as a HAP-based adhesives that are located on are adequate, and they remain product specification, e.g., foam in the site of a major source, we would unchanged for the final rule. automobiles and bedding. retain them in the source category and The top two facilities on our list treat them as a third subcategory.’’ C. What Issues Were Raised Regarding stated that they laminated fire retardant Based on available information, we Flame Lamination Sources? foam approximately 30 percent of the found no non-slitters on sites of major Comment: One commenter asserted time for the years the data were sources. Thus, there is no basis to retain that the proposed MACT for existing gathered. As product mix and customer non-slitter adhesive use sources in this flame lamination sources (no additional demands change, the percent of fire category. We have listed flexible foam control) is not the maximum degree of retardant foam flame laminated at a fabrication operations as an area source HAP reduction that could be achieved facility can vary considerably. Because category for further scrutiny and will and requested that MACT for these there is no clear subdivision of the address the emissions from area sources sources be based on ‘‘the performance of industry between facilities that use fire under section 112(k) of the CAA. the best two facilities,’’ excluding retardant foams and those that do not, Comment: Several comments were consideration of uncontrolled sources. we deemed any further subdivision of received expressing concerns regarding Response: We are required to the industry because of this issue to be the adhesives being used as alternatives calculate the MACT floor for existing unreasonable. to HAP-based adhesives, for both loop sources based on the central tendency of Although there may be non- slitter and non-slitter adhesive the emission limitation achieved by the chlorinated fire retardant foams applications. Some commenters best performing five major sources for a available to flame laminators, they are mentioned that n-propyl bromide has subcategory with less than 30 major not currently in use by any of the been the subject of a number of sources (such as flame lamination). lowest-emitting five flame lamination ‘‘substantial risk’’ notifications under Evaluation of only the two best facilities. Thus, we determined that the Toxic Substances Control Act and is performing sources, as requested by the product substitution does not represent also the subject of toxicity testing under commenter, is not consistent with this the MACT floor for the flame lamination the National Toxicology Program, and statutory requirement. subcategory. urged us to consider regulating n-propyl The data for existing flame lamination We also considered the possibility bromide emissions. sources that were available during the that the MACT floor might be Response: We are aware of this development of the proposed rule represented by work practices. The situation, but have no authority under indicated that two of the top five major nature of the flame lamination process section 112 to regulate n-propyl sources control HAP emissions using a does not lend itself to any typical work bromide since it is not currently listed scrubber and three do not control HAP practices used to minimize HAP as a HAP. emissions. We chose not to use the emissions. There are no emissions Comment: Another commenter asked mean as the measure of central tendency related to transport and storage of raw us to investigate and identify the because it would result in a MACT floor materials, or to cleaning of the secondary air impacts of HAP or volatile that does not represent the performance equipment, and there is no HAP- organic compounds (VOC) from the use of an actual control device. In this case, containing waste. In fact, the HAP of the adhesives being used as using the median or the mode resulted emissions are created during the process alternatives to methylene chloride. If in the same MACT floor (no additional by the physical act of scorching the they emit VOC, the commenter control). foam. The scorching makes the foam
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sticky so it will adhere to the other 58.8 tpy HCl, 10.3 tpy HCN, and 3.0 tpy existing facilities to read the rule. Given substrate, but also releases HAP. TDI, for a total of 72.1 tpy HAP. We that only one source will need to install Because there are no emission-reducing have not promulgated any emissions new controls as a result of the rule, and work practice standards in use at flame limitations for existing flame lamination cost of control is a very small portion of lamination facilities we did not find that sources; therefore, we do not expect any industry revenues, we consider the the MACT floor may be represented by emissions reductions from the baseline. economic impacts associated with the any work practice standards. However, the NESHAP should result in final rule to be minimal. We considered more stringent ‘‘above- a 90 percent reduction in HCl and HCN the-floor’’ options for MACT, including emissions from any new or VI. Statutory and Executive Order 90 percent reduction of HCl and HCN, reconstructed major sources. We Reviews 95 percent reduction of HCN and TDI, calculate that a typical flame lamination A. Executive Order 12866—Regulatory and banning the flame lamination of operation emits 7.3 tpy of combined HCl Planning and Review chlorinated fire retardant foam. We and HCN, which would be reduced by Under Executive Order 12866 (58 FR rejected the first two options as 90 percent, for a total HAP emission 51735, October 4, 1993), the Agency unreasonably costly with respect to the reduction of 6.5 tpy from each new or must determine whether the regulatory incremental emission reduction that reconstructed affected source. In action is ‘‘significant’’ and therefore would be achieved ($9,700 per ton for addition, particulate matter emissions subject to Office of Management and the first option and $70,300 per ton for from flame lamination would also be the second option). We rejected the reduced by any scrubber used to reduce Budget (OMB) review and the third option as technically infeasible the HAP emissions. requirements of the Executive Order. because no alternative fire retardant has Based on our analysis, we calculate The Executive Order defines been identified that would be adequate that 64,700 gallons per year of ‘‘significant regulatory action’’ as one and appropriate for all flame lamination wastewater will be generated by a new that is likely to result in a rule that may: applications in which fire retardant or reconstructed flame lamination (1) Have an annual effect on the foam is required. Discussions with source. Our estimate of the annual cost economy of $100 million or more or industry suggest that alternative to treat this wastewater is less than $250 adversely affect in a material way the materials could present product quality per year. We do not expect that there economy, a sector of the economy, issues and result in products that do not will be any significant adverse non-air productivity, competition, jobs, the meet product specifications. We have health, environmental, or energy environment, public health or safety, or received no further data or information impacts associated with the NESHAP State, local, or tribal governments or which would lead to the selection of a for flexible polyurethane foam communities; different MACT for existing flame fabrication operations. (2) Create a serious inconsistency or lamination sources. Therefore, we have There will be no capital costs for loop otherwise interfere with an action taken not changed the emission limitation for slitter adhesive users and existing flame or planned by another agency; existing flame lamination sources. laminators because the final rule states (3) Materially alter the budgetary that these sources are only subject to impact of entitlements, grants, user fees, V. What Are the Environmental, Cost, reporting and recordkeeping costs. We or loan programs, or the rights and and Economic Impacts of the Final estimate that up to three new flame obligation of recipients thereof; or Rule? laminators may be built in the next 3 (4) Raise novel legal or policy issues We estimate that current HAP years, but only one of these would be a arising out of legal mandates, the emissions from loop slitter adhesive major source subject to the NESHAP. President’s priorities, or the principles users are essentially zero because of That source would face capital costs of set forth in the Executive Order. changes in adhesive composition as a approximately $65,000 associated with It has been determined that the final result of the OSHA permissible installation of a control device (e.g., rule is not a ‘‘significant regulatory exposure limit (PEL) for methylene scrubber) and monitoring equipment. action’’ under the terms of Executive chloride. Therefore, we do not expect We estimate that the average annualized Order 12866 and is therefore not subject any decreases from this subcategory cost for that source would be to OMB review. resulting from the NESHAP. Costs approximately $63,000 per year, B. Paperwork Reduction Act should be minimal as well, as most including annualized capital costs for a sources will already be maintaining the control device and monitoring The information collection necessary records in order to comply equipment; labor costs associated with requirements in the final rule have been with OSHA regulations regarding monitoring, reporting, and submitted for approval to OMB under availability of MSDS. recordkeeping requirements; and the the requirements of the Paperwork We estimated baseline emissions for operation and maintenance of the Reduction Act, 44 U.S.C. 3501 et seq. flame laminators from data obtained required control equipment. An Information Collection Request (ICR) from individual facilities, as well as In summary, we do not expect any document has been prepared by EPA from State agencies to which facilities emissions reductions from existing foam (ICR No. 2027.02), and a copy may be reported their annual emissions. Where fabrication sources, and we estimate obtained from Susan Auby by mail at reported emissions were not available, HAP emission reductions of 6.5 tpy the Office of Environmental we calculated emission estimates using from the single new flame lamination Information, Collection Strategies a HAP emission factor, the laminator’s source we assume will be constructed Division (2822), U.S. EPA, 1200 operating schedule, the number of flame during the three years following the Pennsylvania Avenue, NW., lamination lines, and the percent of the promulgation of this rule. The total Washington, DC 20460, by e-mail at operating time that fire retardant foam is annualized cost of the final rule has ‘‘[email protected],’’ or by calling laminated (used only when calculating been estimated at $64,000, including (202) 566–1672. A copy may also be HCl emissions). $63,000 annually for the single new downloaded from the internet at Our estimates of nationwide baseline flame lamination facility subject to the http://www.epa.gov/icr. The information emissions from all existing facilities in provisions of the final rule, and requirements are not effective until the flame lamination subcategory are additional one-time labor costs for OMB approves them.
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The information requirements are C. Regulatory Flexibility Analysis with the final rule an explanation why based on notifications, records, and EPA has determined that it is not that alternative was not adopted. Before we establish any regulatory reports required by the General necessary to prepare a regulatory requirements that may significantly or Provisions (40 CFR part 63, subpart A), flexibility analysis in connection with uniquely affect small governments, which are mandatory for all operators this final rule. EPA has also determined including tribal governments, we must subject to national emission standards. that this rule will not have a significant have developed under section 203 of the These recordkeeping and reporting economic impact on a substantial UMRA a small government agency plan. requirements are specifically authorized number of small entities. For purposes The plan must provide for notifying under section 114 of the CAA (42 U.S.C. of assessing the impacts of today’s final potentially affected small governments, 7414). All information submitted to the rule on small entities, small entity is enabling officials of affected small EPA pursuant to the recordkeeping and defined as: (1) a small business reporting requirements for which a governments to have meaningful and according to the Small Business timely input in the development of our claim of confidentiality is made will be Administration (SBA) size standards by safeguarded according to Agency regulatory proposals with significant NAICS code (a maximum of 500 Federal intergovernmental mandates, policies in 40 CFR part 2, subpart B, employees for the polyurethane foam Confidentiality of Business Information. and informing, educating, and advising fabrication industry); (2) a small small governments on compliance with According to the ICR, the total 3-year governmental jurisdiction that is a the regulatory requirements. monitoring, reporting, and government of a city, county, town, We have determined that the final recordkeeping burden for this collection school district or special district with a rule does not contain a Federal mandate is 3,634 labor hours, and the annual population of less than 50,000; and (3) that may result in expenditures of $100 average burden is 1,211 labor hours. The a small organization that is any not-for- million or more for State, local, or tribal total annualized cost of monitoring, profit enterprise which is independently governments, in the aggregate, or the reporting, and recordkeeping is owned and operated and is not private sector in any 1 year. The total approximately $54,124. The labor cost dominant in its field. annualized cost of the final rule has over the 3-year period is $154,399 or After considering the economic been estimated at $64,000. This figure $51,466 per year. The annualized impacts of today’s final rule on small includes the $63,000 annually for the capital cost for monitoring equipment is entities, EPA has concluded that this single new flame lamination facility $997. Annual operation and action will not have a significant subject to the provisions of the final maintenance costs are $4,982 over 3 economic impact on a substantial rule, and additional labor costs for years, averaging $1,661 per year. This number of small entities. We have existing facilities. Thus, today’s final estimate includes a one-time plan for determined that one of approximately rule is not subject to the requirements demonstrating compliance, annual 48 affected sources is a small entity, and of sections 202 and 205 of the UMRA. compliance certificate reports, that the impact will consist primarily of In addition, we have determined that notifications, and recordkeeping. recordkeeping and reporting the final rule contains no regulatory requirements. Burden means the total time, effort, or requirements that might significantly or financial resources expended by persons D. Unfunded Mandates Reform Act of uniquely affect small governments to generate, maintain, retain, or disclose 1995 because it contains no regulatory requirements that apply to such or provide information to or for a Title II of the Unfunded Mandates Federal agency. This includes the time governments or impose obligations Reform Act of 1995 (UMRA), Public upon them. Therefore, the final rule is needed to review instructions; develop, Law 104–4, establishes requirements for acquire, install, and utilize technology not subject to the requirements of Federal agencies to assess the effects of section 203 of the UMRA. and systems for the purpose of their regulatory actions on State, local, collecting, validating, and verifying and tribal governments and the private E. Executive Order 13132—Federalism information; process and maintain sector. Under section 202 of the UMRA, Executive Order 13132, entitled information and disclose and provide we generally must prepare a written ‘‘Federalism’’ (64 FR 43255, August 10, information; adjust the existing ways to statement, including cost-benefit 1999), requires EPA to develop an comply with any previously applicable analysis, for proposed and final rules accountable process to ensure instructions and requirements; train with ‘‘Federal mandates’’ that may ‘‘meaningful and timely input by State personnel to respond to a collection of result in expenditures to State, local, and local officials in the development of information; search existing data and tribal governments, in the aggregate, regulatory policies that have federalism sources; complete and review the or to the private sector, of $100 million implications.’’ ‘‘Policies that have collection of information; and transmit or more in any 1 year. Before federalism implications’’ are defined in or otherwise disclose the information. promulgating an EPA rule for which a the Executive Order to include An agency may not conduct or written statement is needed, section 205 regulations that have ‘‘substantial direct sponsor, and a person is not required to of the UMRA generally requires us to effects on the States, on the relationship respond to, a collection of information identify and consider a reasonable between the national Government and unless it displays a currently valid OMB number of regulatory alternatives and the States, or on the distribution of control number. The OMB control adopt the least costly, most cost- power and responsibilities among the numbers for EPA’s regulations are listed effective, or least burdensome various levels of Government.’’ in 40 CFR part 9 and 48 CFR chapter 15. alternative that achieves the objectives The final rule does not have The OMB control number(s) for the of the rule. The provisions of section federalism implications. It will not have information collection requirements in 205 do not apply when they are substantial direct effects on the States, the final rule will be listed in an inconsistent with applicable law. on the relationship between the national amendment to 40 CFR part 9 or 48 CFR Moreover, section 205 allows us to Government and the States, or on the chapter 15 in a subsequent Federal adopt an alternative with other than the distribution of power and Register document after OMB approves least costly, most cost-effective, or least responsibilities among the various the ICR. burdensome alternative if we publish levels of Government, as specified in
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Executive Order 13132. The standards preferable to other potentially effective The search and review results have been apply only to flexible polyurethane and reasonably feasible alternatives that documented and are placed in the foam fabricators and do not pre-exempt we considered. docket (OAR–2002–0080 or A–2000–43) States from adopting more stringent The final rule is not subject to for the final rule. standards or otherwise regulate State or Executive Order 13045 because it is not Five voluntary consensus standards: local governments. Thus, Executive an economically significant regulatory ASTM D1979–91, ASTM D3432–89, Order 13132 does not apply to the final action as defined by Executive Order ASTM D4747–87, ASTM D4827–93, and rule. 12866. In addition, EPA interprets ASTM PS9–94 are incorporated by Although section 6 of Executive Order Executive Order 13045 as applying only reference in EPA Method 311. 13132 does not apply to the final rule, to those regulatory actions that are The search for emission measurement EPA did consult with State and local based on health and safety risks, such procedures identified seven voluntary officials in developing the final rule. No that the analysis required under section consensus standards potentially concerns were raised by these officials 5–501 of the Executive Order has the applicable to the final rule. The EPA during this consultation. potential to influence the regulation. determined that five of these seven The final rule is not subject to Executive standards were impractical alternatives F. Executive Order 13175—Consultation Order 13045 because it is based on to EPA test methods for the purposes of and Coordination With Indian Tribal technology performance and not on this rulemaking. Therefore, EPA will not Governments health or safety risks. adopt these standards today. The Executive Order 13175, entitled reasons for this determination for the H. Executive Order 13211—Actions ‘‘Consultation and Coordination with five methods are in the docket. Indian Tribal Governments’’ (65 FR Concerning Regulations That The following two voluntary Significantly Affect Energy Supply, 67249, November 6, 2000), requires EPA consensus standards identified in this Distribution, or Use to develop an accountable process to search were not available at the time the ensure ‘‘meaningful and timely input by The final rule is not subject to review was conducted for the purposes tribal officials in the development of Executive Order 13211, ‘‘Actions of this rulemaking because they are regulatory policies that have tribal Concerning Regulations That under development by a voluntary implications.’’ ‘‘Policies that have tribal Significantly Affect Energy Supply, consensus body: ASME/BSR MFC 13M, implications’’ is defined in the Distribution, or Use’’ (66 FR 28355, May ‘‘Flow Measurement by Velocity Executive Order to include regulations 22, 2001) because it is not a significant Traverse,’’ for EPA Method 2 (and that have ‘‘substantial direct effects on regulatory action under Executive Order possibly 1); and ASME/BSR MFC 12M, one or more Indian tribes, on the 12866. ‘‘Flow in Closed Conduits Using relationship between the Federal I. National Technology Transfer and Multiport Averaging Pitot Primary government and the Indian tribes, or on Advancement Act of 1995 Flowmeters,’’ for EPA Method 2. the distribution of power and Sections 63.8800 and 63.8802 and responsibilities between the Federal Section 12(d) of the National Table 3 to subpart MMMMM list the government and Indian tribes.’’ Technology Transfer and Advancement EPA testing methods included in the The final rule does not have tribal Act (NTTAA) of 1995 (Pub. L. No. 104– final rule. Under 40 CFR 63.7(f) and implications. It will not have substantial 113; 15 U.S.C. 272 note) directs EPA to 63.8(f), a source may apply to EPA for direct effects on tribal governments, on use voluntary consensus standards in permission to use alternative test the relationship between the Federal their regulatory and procurement methods or alternative monitoring government and Indian tribes, or on the activities unless to do so would be requirements in place of any of the EPA distribution of power and inconsistent with applicable law or testing methods, performance responsibilities between the Federal otherwise impractical. Voluntary specifications, or procedures. government and Indian tribes, as consensus standards are technical specified in Executive Order 13175. standards (e.g., materials specifications, J. Congressional Review Act This is because no tribal governments test methods, sampling procedures, The Congressional Review Act, 5 own or operate a flexible polyurethane business practices) developed or U.S.C. 801 et seq., as added by the Small foam fabrication facility. Thus, adopted by one or more voluntary Business Regulatory Enforcement Executive Order 13175 does not apply consensus bodies. The NTTAA directs Fairness Act of 1996, generally provides to the final rule. EPA to provide Congress, through that before a rule may take effect, the annual reports to the Office of agency promulgating the rule must G. Executive Order 13045—Protection of Management and Budget (OMB), with submit a rule report, which includes a Children From Environmental Health explanations when an agency does not copy of the rule, to each House of the Risks and Safety Risks use available and applicable voluntary Congress and to the Comptroller General Executive Order 13045, ‘‘Protection of consensus standards. of the United States. The EPA will Children from Environmental Health This rulemaking involves technical submit a report containing this rule and Risks and Safety Risks’’ (62 FR 19885, standards. The EPA cites in the final other required information to the U.S. April 23, 1997) applies to any rule that rule the EPA Methods 1, 1A, 2, 2A, 2C, Senate, the U.S. House of (1) is determined to be ‘‘economically 2D, 2F, 2G, 4, 26A, 311, and any method Representatives, and the Comptroller significant’’ as defined under Executive to measure hydrogen cyanide from General of the United States prior to Order 12866, and (2) concerns an flame lamination sources (validated publication of the rule in the Federal environmental health or safety risk that with EPA Method 301). Consistent with Register. This action is not a ‘‘major EPA has reason to believe may have a the NTTAA, EPA conducted searches to rule’’ as defined by 5 U.S.C. 804(2). The disproportionate effect on children. If identify voluntary consensus standards final rule will be effective on April 14, the regulatory action meets both criteria, in addition to these EPA methods. No 2003. the Agency must evaluate the applicable voluntary consensus environmental health or safety effects of standards were identified for EPA List of Subjects in 40 CFR Part 63 the planned rule on children and Methods 1A, 2A, 2D, 2F, 2G, 311, and Environmental protection, explain why the planned rule is a method to measure hydrogen cyanide. Administrative practice and procedure,
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Air pollution control, Hazardous Other Requirements and Information (d) This subpart does not apply to the substances, Intergovernmental relations, 63.8826 What parts of the General following processes in paragraphs (d)(1) Recordkeeping and reporting Provisions apply to me? and (2) of this section: requirements. 63.8828 Who implements and enforces this (1) Processes that produce flexible subpart? Dated: February 28, 2003. polyurethane or rebond foam as defined 63.8830 What definitions apply to this in subpart III of this part. Christine Todd Whitman, subpart? (2) A research and development Administrator. Tables to Subpart MMMMM of Part 63 facility, as defined in section 112(c)(7) ■ For the reasons stated in the preamble, Table 1 to Subpart MMMMM of Part 63— of the Clean Air Act (CAA). title 40, chapter I, part 63 of the Code of Emission Limits the Federal Regulations is amended as Table 2 to Subpart MMMMM of Part 63— § 63.8784 What parts of my plant does this follows: Operating Limits for subpart cover? New or Reconstructed Flame Lamination (a) This subpart applies to each PART 63—[AMENDED] Affected Sources existing, new, or reconstructed affected Table 3 to Subpart MMMMM of Part 63— ■ 1. The authority citation for part 63 source at facilities engaged in flexible Performance Test polyurethane foam fabrication. continues to read as follows: Requirements for New or Reconstructed (b) The affected sources are defined in Authority: 42 U.S.C. 7401, et seq. Flame Lamination Affected Sources Table 4 to Subpart MMMMM of Part 63— this section in paragraphs (b)(1) and (2) ■ 2. Part 63 is amended by adding sub- Initial Compliance With Emission Limits of this section. part MMMMM to read as follows: Table 5 to Subpart MMMMM of Part 63— (1) The loop slitter adhesive use Sec. Continuous Compliance with Emission affected source is the collection of all Limits and Operating Limits Subpart MMMMM—National Emission loop slitters and associated adhesive Table 6 to Subpart MMMMM of Part 63— application equipment used to apply Standards for Hazardous Air Pollutants: Requirements for Reports Flexible Polyurethane Foam Fabrication Table 7 to Subpart MMMMM of Part 63— HAP-based adhesives to bond foam to Operations Applicability of General Provisions to foam at a flexible polyurethane foam fabrication plant site. What This Subpart Covers Subpart MMMMM (2) The flame lamination affected 63.8780 What is the purpose of this What This Subpart Covers source is the collection of all flame subpart? 63.8782 Am I subject to this subpart? § 63.8780 What is the purpose of this lamination lines associated with the 63.8784 What parts of my plant does this subpart? flame lamination of foam to any subpart cover? This subpart establishes national substrate at a flexible polyurethane foam 63.8786 When do I have to comply with emission standards for hazardous air fabrication plant site. this subpart? pollutants (NESHAP) emitted from (c)(1) A new affected source is one Emission Limitations flexible polyurethane foam fabrication that commences construction after August 8, 2001 and meets the 63.8790 What emission limitations must I operations. This subpart also establishes meet? requirements to demonstrate initial and applicability criteria of § 63.8782 at the continuous compliance with the time construction commences. General Compliance Requirements emission standards. (2) If you add one or more flame 63.8794 What are my general requirements lamination lines at a plant site where for complying with this subpart? § 63.8782 Am I subject to this subpart? flame lamination lines already exist, the Testing and Initial Compliance (a) You are subject to this subpart if added line(s) shall be a new affected Requirements you own or operate a flexible source and meet new source 63.8798 By what date must I conduct polyurethane foam fabrication plant site requirements if the added line(s) has the performance tests or other initial that operates a flame lamination affected potential to emit 10 tons per year or compliance demonstrations? source, as defined at § 63.8784(b)(2), more of any HAP or 25 tons or more per 63.8800 What performance tests and other and that is located at, or is part of a year of any combination of HAP. procedures must I use to demonstrate major emission source of hazardous air (d) A reconstructed affected source is compliance with the emission limit for pollutants (HAP) or that operates a loop one that commences reconstruction after flame lamination? slitter affected source, as defined at August 8, 2001 and meets the criteria for 63.8802 What methods must I use to demonstrate compliance with the § 63.8784(b)(1), that meets the criteria in reconstruction as defined in § 63.2. emission limitation for loop slitter paragraphs (a)(1) and (2) of this section. (e) An affected source is existing if it adhesive use? (1) The loop slitter affected source is not new or reconstructed. 63.8806 How do I demonstrate initial uses one or more HAP-based adhesives compliance with the emission at any time on or after April 14, 2003. § 63.8786 When do I have to comply with limitations? (2) The loop slitter affected source is this subpart? (a) If you have a new or reconstructed Continuous Compliance Requirements located at or is part of a major source of HAP. affected source, you must comply with 63.8810 How do I monitor and collect data (b) A flexible polyurethane foam this subpart according to paragraphs to demonstrate continuous compliance? 63.8812 How do I demonstrate continuous fabrication plant site is a plant site (a)(1) and (2) of this section. compliance with the emission where pieces of flexible polyurethane (1) If you start up your new or limitations? foam are bonded together or to other reconstructed affected source before substrates using HAP-based adhesives April 14, 2003, then you must comply Notifications, Reports, and Records or flame lamination. with the emission standards for new or 63.8816 What notifications must I submit (c) A major source of HAP is a plant reconstructed sources in this subpart no and when? site that emits or has the potential to later than April 14, 2003. 63.8818 What reports must I submit and when? emit any single HAP at a rate of 10 tons (2) If you start up your new or 63.8820 What records must I keep? or more per year or any combination of reconstructed affected source on or after 63.8822 In what form and how long must I HAP at a rate of 25 tons or more per April 14, 2003, then you must comply keep my records? year. with the emission standards for new or
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reconstructed sources in this subpart (d) During the period between the compliance date that is specified for upon startup of your affected source. compliance date specified for your new your source in § 63.8786. (b) If you have an existing loop slitter or reconstructed flame lamination (b) For each new or reconstructed affected source, you must comply with affected source in § 63.8786, and the flame lamination affected source, you the emission standards for existing date upon which continuous must conduct performance tests within sources no later than 1 year after April compliance monitoring systems have 180 calendar days after the compliance 14, 2003. been installed and verified and any date that is specified for your source in (c) If you have an area source that applicable operating limits have been § 63.8786 and according to the increases its emissions or its potential to set, you must maintain a log detailing provisions in § 63.7(a)(2). emit such that it becomes a major source the operation and maintenance of the of HAP and an affected source subject § 63.8800 What performance tests and process and emissions control other procedures must I use to demonstrate to this subpart, the provisions in equipment. compliance with the emission limit for flame paragraphs (c)(1) and (2) of this section (e) For each new or reconstructed lamination? apply. flame lamination affected source, you (1) A new affected source as specified (a) You must conduct each must develop and implement a written performance test in Table 3 to this at § 63.8784(c) or a reconstructed startup, shutdown, and malfunction affected source as specified at subpart that applies to you. plan according to the provisions in (b) Each performance test must be § 63.8784(d) must be in compliance § 63.6(e)(3). conducted according to the with this subpart upon startup. (f) For each monitoring system (2) An existing affected source as requirements in § 63.7(e)(1) and under required in this section for new or specified at § 63.8784(e) must be in the specific conditions in Table 3 to this reconstructed flame lamination sources, subpart. compliance with this subpart no later you must develop and submit for (c) You may not conduct performance than 1 year after the date on which the approval a site-specific monitoring plan tests during periods of startup, area source became a major source. shutdown, or malfunction, as specified (d) You must meet the notification that addresses the requirements in paragraphs (f)(1) through (3) of this in § 63.7(e)(1). requirements in § 63.8816 according to (d) You must conduct at least three the schedule in § 63.8816 and in subpart section. (1) Installation of the continuous separate test runs for each performance A of this part. Some of the notifications test required in this section, as specified must be submitted before you are monitoring system (CMS) sampling probe or other interface at a in § 63.7(e)(3). Each test run must last at required to comply with the emission least 1 hour. standards in this subpart. measurement location relative to each affected process unit such that the (e) You must determine the percent (e) If you have a loop slitter affected reduction of HAP emissions during the source, you must have data on hand measurement is representative of control of the exhaust emissions (e.g., performance test according to beginning on the compliance date paragraphs (e)(1) through (3) of this specified in paragraph (b) of this section on or downstream of the last control device); section. as necessary to demonstrate that your (1) If you use chlorinated fire adhesives are not HAP-based. The types (2) Performance and equipment specifications for the sample interface, retardant foams, determine the percent of data necessary are described in reduction of HCl to represent HAP §§ 63.8802 and 63.8810. the pollutant concentration or parametric signal analyzer, and the data emissions from the source. If you do not Emission Limitations collection and reduction system; and use chlorinated fire retardant foams, (3) Performance evaluation determine the percent reduction of HCN § 63.8790 What emission limitations must I to represent HAP emissions from the procedures and acceptance criteria (e.g., meet? source. calibrations). (a) You must meet each emission limit (2) Calculate the concentration of in Table 1 to this subpart that applies to (g) In your site-specific monitoring HAP at the control device inlet and at you. plan, you must also address the ongoing the control device outlet using the (b) You must meet each operating procedures specified in paragraphs procedures in the specified test method. limit in Table 2 to this subpart that (g)(1) through (3) of this section. (3) Compare the calculated HAP applies to you. (1) Ongoing operation and concentration at the control device inlet maintenance procedures in accordance to the calculated HAP concentration at General Compliance Requirements with the general requirements of the control device outlet to determine § 63.8794 What are my general §§ 63.8(c)(1), (3), (4)(ii), (7), and (8), and the percent reduction over the period of requirements for complying with this 63.8804; the performance test, using Equation 1 subpart? (2) Ongoing data quality assurance of this section: (a) For each loop slitter adhesive use procedures in accordance with the general requirements of § 63.8(d); and n n affected source, you must be in − compliance with the requirements in (3) Ongoing recordkeeping and ∑ EEinlet,, i∑ outlet i this subpart at all times. reporting procedures in accordance with R= i=1 i=1 ()[.100 Eq 1] (b) For each new or reconstructed the general requirements of § 63.10(c), n flame lamination affected source, you (e)(1), and (e)(2)(i). ∑ Einlet, i i=1 must be in compliance with the Testing and Initial Compliance requirements in this subpart at all times, Requirements Where: except during periods of startup, R=Efficiency of control device, percent. shutdown, and malfunction. § 63.8798 By what date must I conduct Einlet,i=HAP concentration of control (c) You must always operate and performance tests or other initial device inlet stream for test run i, mg/ maintain your affected source, including compliance demonstrations? dscm. air pollution control and monitoring (a) For each loop slitter affected Eoutlet,i=HAP concentration of control equipment, according to the provisions source, you must conduct the initial device outlet stream for test run i, mg/ in § 63.6(e)(1)(i). compliance demonstration by the dscm.
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n=Number of runs conducted for the in paragraphs (a)(1) and (2) of this (2) Maintain a record of EPA Method performance test. section to determine the mass fraction of 311 (appendix A to 40 CFR part 63), (f) You must also meet the HAP according to paragraphs (a)(3)(i) approved alternative method, or other requirements in paragraphs (f)(1) and (2) and (ii) of this section. This information reasonable means of HAP content of this section. may include, but is not limited to, a determinations indicating the mass (1) Conduct the performance tests material safety data sheet (MSDS), a percent of each HAP for each adhesive. using foams that are representative of certified product data sheet (CPDS), or (b) If you own or operate a new or foams typically used at your flame a manufacturer’s hazardous air pollutant reconstructed flame lamination affected lamination affected source. If you use data sheet. source, you must meet the requirements foams containing chlorinated fire (i) Include in the HAP total each HAP in paragraphs (b)(1) through (3) of this retardants, you must conduct the that is present at 0.1 percent by mass or section if you use a scrubber, or performance tests using these foams. more for OSHA-defined carcinogens as paragraph (b)(4) of this section if you (2) Establish all applicable operating specified in 29 CFR 1910.1200(d)(4) and use any other control device. limits that correspond to the control at 1.0 percent by mass or more for other (1) Keep records of the daily average system efficiency as described in Table compounds. For example, if toluene scrubber inlet liquid flow rate. 3 to this subpart. (not an OSHA carcinogen) is 0.5 percent (2) Keep records of the daily average of the material by mass, you do not have § 63.8802 What methods must I use to scrubber effluent pH. to include it in the HAP total. demonstrate compliance with the emission (3) If you use a venturi scrubber, keep limitation for loop slitter adhesive use? (ii) If the HAP content is provided by records of daily average pressure drop (a) Determine the HAP content for the material supplier or manufacturer as across the venturi. a range, then you must use the upper each material used. To determine the (4) Keep records of operating limit of the range for determining HAP content for each material used in parameter values for each operating compliance. your foam fabrication operations, you parameter that applies to you. (4) Verification of supplier or must use one of the options in (c) If you own or operate a new or paragraphs (a)(1) through (3) of this manufacturer information. Although you are not required to perform testing reconstructed flame lamination affected section. If you use the option in source, you must meet the requirements paragraph (a)(3) of this section, you are to verify the information obtained according to paragraph (a)(3) of this in paragraphs (c)(1) through (4) of this subject to the provisions of paragraph section. (a)(4) of this section. section, the Administrator may require a separate measurement of the total HAP (1) Except for periods of monitoring (1) Method 311 (appendix A to 40 malfunctions, associated repairs, and CFR part 63). You may use Method 311 content using the methods specified in paragraph (a)(1) or (2) of this section. If required quality assurance or control for determining the mass fraction of activities (including, as applicable, HAP. Use the procedures specified in this measurement exceeds the total HAP content provided by the material calibration checks and required zero paragraphs (a)(1)(i) and (ii) of this and span adjustments), you must section when determining HAP content supplier or manufacturer, then you must use the measured HAP content to monitor continuously (or collect data at by Method 311. all required intervals) at all times that (i) Include in the HAP total each HAP determine compliance. the affected source is operating. This that is measured to be present at 0.1 (b) [Reserved] includes periods of startup, shutdown, percent by mass or more for § 63.8806 How do I demonstrate initial and malfunction when the affected Occupational Safety and Health compliance with the emission limitations? source is operating. A monitoring Administration (OSHA)-defined malfunction includes, but is not limited carcinogens as specified in 29 CFR (a) You must demonstrate initial to, any sudden, infrequent, not 1910.1200(d)(4) and at 1.0 percent by compliance with each emission limit reasonably preventable failure of the mass or more for other compounds. For that applies to you according to Table 4 monitoring device to provide valid data. example, if toluene (not an OSHA to this subpart. Monitoring failures that are caused by carcinogen) is measured to be 0.5 (b) You must establish each site- poor maintenance or careless operation percent of the material by mass, you do specific operating limit in Table 2 to are not malfunctions. not need to include it in the HAP total. this subpart that applies to you Express the mass fraction of each HAP according to the requirements in (2) In data average calculations and you measure as a value truncated to four § 63.8800 and Table 3 to this subpart. calculations used to report emission or places after the decimal point (for (c) You must submit the Notification operating levels, you may not use data example, 0.1234). of Compliance Status containing the recorded during monitoring (ii) Calculate the total HAP content in results of the initial compliance malfunctions, associated repairs, or the test material by adding up the demonstration according to the recorded during required quality individual HAP contents and truncating requirements in § 63.8816(e) through assurance or control activities. Nor may the result to three places after the (h). such data be used in fulfilling any applicable minimum data availability decimal point (for example, 0.123). Continuous Compliance Requirements (2) Alternative method. You may use requirement. You must use all the data an alternative test method for § 63.8810 How do I monitor and collect collected during all other periods in determining mass fraction of HAP if you data to demonstrate continuous assessing the operation of the control obtain prior approval by the compliance? device and associated control system. Administrator. You must follow the (a) If you own or operate a loop slitter (3) You must conduct a performance procedure in § 63.7(f) to submit an adhesive use affected source, you must evaluation of each CMS in accordance alternative test method for approval. meet the requirements in paragraphs with your site-specific monitoring plan. (3) Information from the supplier or (a)(1) and (2) of this section. (4) You must operate and maintain manufacturer of the material. You may (1) Maintain a list of each adhesive the CMS in continuous operation rely on information other than that and the manufacturer or supplier of according to the site-specific monitoring generated by the test methods specified each. plan.
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§ 63.8812 How do I demonstrate Notification, Reports, and Records source during the reporting period met continuous compliance with the emission the emission limit in Table 1 to this limitations? § 63.8816 What notifications must I submit subpart. and when? (a) You must demonstrate continuous (a) You must submit all of the § 63.8818 What reports must I submit and compliance with each emission limit when? and operating limit in Tables 1 and 2 to notifications in §§ 63.7(b) and (c), this subpart that applies to you 63.8(f), and 63.9(b) through (h) that (a) You must submit each report in according to the methods specified in apply to you. Table 6 to this subpart that applies to (b) If you own or operate an existing Table 5 to this subpart. you. loop slitter or flame lamination affected (b) Unless the Administrator has (b) You must report each instance in source, submit an initial notification no approved a different schedule for which you did not meet each emission later than 120 days after April 14, 2003. submission of reports under § 63.10(a), limit and each operating limit in Tables (c) If you own or operate a new or you must submit each compliance 1 and 2 to this subpart that apply to you. reconstructed loop slitter or flame report for new or reconstructed flame For new or reconstructed flame lamination affected source, submit the lamination affected sources lamination affected sources, this application for construction or semiannually according to paragraphs includes periods of startup, shutdown, reconstruction required by (b)(1) through (4) of this section. and malfunction. These instances are § 63.9(b)(1)(iii) in lieu of the initial (1) The first compliance report must deviations from the operating limits in notification. cover the period beginning on the this subpart. These deviations must be (d) If you own or operate a new or compliance date that is specified for reported according to the requirements reconstructed flame lamination affected your affected source in § 63.8786 and in § 63.8818. source, submit a notification of intent to ending on June 30 or December 31, (c) For each new or reconstructed conduct a performance test at least 60 whichever date is the first date flame lamination affected source, you calendar days before the performance following the end of the first calendar must operate in accordance with the test is scheduled to begin, as required in half after the compliance date that is startup, shutdown, and malfunction § 63.7(b)(1). specified for your source in § 63.8786. plan during periods of startup, (e) If you own or operate a loop slitter (2) The first compliance report must shutdown, and malfunction. affected source, submit a Notification of be postmarked or delivered no later than (d) Consistent with §§ 63.6(e) and Compliance Status according to July 31 or January 31, whichever date 63.7(e)(1), deviations that occur at a new § 63.9(h)(2)(ii) within 60 days of the follows the end of the first calendar half or reconstructed flame lamination compliance date specified in § 63.8786. after the compliance date that is affected source during a period of (f) If you own or operate a new or specified for your affected source in startup, shutdown, or malfunction are reconstructed flame lamination affected § 63.8786. not violations if you demonstrate to the source, submit a Notification of (3) Each subsequent compliance Administrator’s satisfaction that you Compliance Status according to report must cover the semiannual were operating in accordance with the § 63.9(h)(2)(ii) that includes the results reporting period from January 1 through startup, shutdown, and malfunction of the performance test conducted June 30 or the semiannual reporting plan. The Administrator will determine according to the requirements in Table period from July 1 through December whether deviations that occur at a new 3 to this subpart. You must submit the 31. or reconstructed flame lamination notification before the close of business (4) Each subsequent compliance affected source during a period of on the 60th calendar day following the report must be postmarked or delivered startup, shutdown, or malfunction are completion of the performance test no later than July 31 or January 31, violations, according to the provisions according to § 63.10(d)(2). whichever date is the first date in § 63.6(e). (g) For each new or reconstructed following the end of the semiannual (e) You also must meet the following flame lamination affected source, the reporting period. requirements if you are complying with Notification of Compliance Status must (c) For each loop slitter adhesive use the adhesive use ban for loop slitter also include the information in affected source, you may submit annual adhesive use described in § 63.8790(a). paragraphs (g)(1) and (2) that applies to compliance reports in place of you. semiannual reports. (1) If, after you submit the (1) The operating parameter value (d) For each affected source that is Notification of Compliance Status, you averaged over the full period of the subject to permitting regulations use an adhesive for which you have not performance test (for example, average pursuant to 40 CFR part 70 or 40 CFR previously verified percent HAP mass pH). part 71, and if the permitting authority using the methods in § 63.8802, you (2) The operating parameter range has established dates for submitting must verify that each adhesive used in within which HAP emissions are semiannual reports pursuant to 40 CFR the affected source meets the emission reduced to the level corresponding to 70.6(a)(3)(iii)(A) or 40 CFR limit, using any of the methods in meeting the applicable emission limits 71.6(a)(3)(iii)(A), you may submit the § 63.8802. in Table 1 to this subpart. first and subsequent compliance reports (2) You must update the list of all the (h) For each loop slitter adhesive use according to the dates the permitting adhesives used at the affected source. affected source, the Notification of authority has established instead of (3) With the compliance report for the Compliance Status must also include according to the dates in paragraphs reporting period during which you used the information listed in paragraphs (b)(1) through (4) of this section. the new adhesive, you must submit the (h)(1) and (2) of this section. (e) The compliance report must updated list of all adhesives and a (1) A list of each adhesive used at the contain the information in paragraphs statement certifying that, as purchased, affected source, its HAP content (e)(1) through (5) of this section. each adhesive used at the affected (percent by mass), and the manufacturer (1) Company name and address. source during the reporting period met or supplier of each. (2) Statement by a responsible official the emission limit in Table 1 to this (2) A statement certifying that each with that official’s name, title, and subpart. adhesive that was used at the affected signature, certifying the truth, accuracy
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and completeness of the content of the the emission limit in Table 1 to this (1) The records in § 63.6(e)(3)(iii) report. subpart. through (v) related to startup, shutdown, (3) Date of report and beginning and (h) Each affected source that has and malfunction. ending dates of the reporting period. obtained a title V operating permit (2) Records of performance tests, as (4) If there are no deviations from any pursuant to 40 CFR part 70 or 40 CFR required in § 63.10(b)(2)(viii). emission limitations (emission limit or part 71 must report all deviations as (3) Records of operating parameter operating limit) that applies to you, a defined in this subpart in the values. (4) Records of the date and time that statement that there were no deviations semiannual monitoring report required each deviation started and stopped and from the emission limitations during the by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR whether the deviation occurred during a reporting period. 71.6(a)(3)(iii)(A). If an affected source period of startup, shutdown, or (5) For each deviation from an submits a compliance report pursuant to emission limitation that occurs, the malfunction or during another period. Table 6 to this subpart along with, or as (c) For each loop slitter adhesive use compliance report must contain the part of, the semiannual monitoring information specified in paragraphs affected source, you must keep the report required by 40 CFR following records specified in (e)(5)(i) through (iii) of this section. 70.6(a)(3)(iii)(A) or 40 CFR (i) The total operating time of each paragraphs (c)(1) and (2) of this section. 71.6(a)(3)(iii)(A), and the compliance affected source during the reporting (1) A list of each adhesive and the report includes all required information period. manufacturer or supplier of each. (ii) Information on the number, concerning deviations from any (2) A record of EPA Method 311 duration, and cause of deviations emission limitation (including any (appendix A to 40 CFR part 63), (including unknown cause, if operating limit) in this subpart, approved alternative method, or other applicable), as applicable, and the submission of the compliance report reasonable means of determining the corrective action taken. shall be deemed to satisfy any obligation mass percent of total HAP for each (iii) Information on the number, to report the same deviations in the adhesive used at the affected source. duration, and cause for continuous semiannual monitoring report. However, submission of a compliance § 63.8822 In what form and how long must parameter monitoring system (CPMS) I keep my records? downtime incidents, if applicable, other report shall not otherwise affect any obligation the affected source may have (a) Your records must be in a form than downtime associated with zero and suitable and readily available for span and other daily calibration checks. to report deviations from permit requirements to the permit authority. expeditious review, according to (f) The compliance report for a new or § 63.10(b)(1). reconstructed flame lamination affected (i) For each startup, shutdown, or (b) As specified in § 63.10(b)(1), you source must also contain the following malfunction during the reporting period must keep each record for 5 years information in paragraphs (f)(1) through where the source does not meet the following the date of each occurrence, (3) of this section. emission limitations set out in § 63.8790 measurement, maintenance, corrective (1) If you had a startup, shutdown or that occurs at a new or reconstructed action, report, or record. malfunction at your new or flame lamination affected source and (c) You must keep each record on site reconstructed flame lamination affected that is not consistent with your startup, for at least 2 years after the date of each source during the reporting period and shutdown, and malfunction plan, you occurrence, measurement, maintenance, you took actions consistent with your must submit an immediate startup, corrective action, report, or record, startup, shutdown, and malfunction shutdown and malfunction report. according to § 63.10(b)(1). You can keep plan, the compliance report must (1) An initial report containing a the records offsite for the remaining 3 include the information in description of the actions taken for the years. § 63.10(d)(5)(i). event must be submitted by fax or Other Requirements and Information (2) If there were no periods during telephone within 2 working days after which the CPMS was out-of-control in starting actions inconsistent with the § 63.8826 What parts of the General accordance with the monitoring plan, a plan. Provisions apply to me? statement that there were no periods (2) A followup report containing the Table 7 to this subpart shows which during which the CPMS was out-of- information listed in § 63.10(d)(5)(ii) sections of the General Provisions in control during the reporting period. §§ 63.1 through 63.15 apply to you. (3) If there were periods during which must be submitted within 7 working the CPMS was out-of-control in days after the end of the event unless § 63.8828 Who implements and enforces accordance with the monitoring plan, you have made alternative reporting this subpart? the date, time, and duration of each out- arrangements with the permitting (a) This subpart can be implemented of-control period. authority. and enforced by us, the U.S. (g) The compliance report for a loop § 63.8820 What records must I keep? Environmental Protection Agency (U.S. slitter adhesive use affected source must EPA), or a delegated authority such as also contain the following information (a) You must keep a copy of each your State, local, or tribal agency. If the in paragraphs (g)(1) and (2) of this notification and report that you submit U.S. EPA Administrator has delegated section. to comply with this subpart, including authority to your State, local, or tribal (1) For each annual reporting period all documentation supporting any Initial agency, then that agency, in addition to during which you use an adhesive that Notification or Notification of the U.S. EPA, has the authority to was not included in the list submitted Compliance Status that you submitted, implement and enforce this subpart. with the Notification of Compliance according to the requirements in You should contact your U.S. EPA Status in § 63.8816(h) (1), an updated § 63.10(b)(2)(xiv). Regional Office to find out if list of all adhesives used at the affected (b) For each new or reconstructed implementation and enforcement of this source. flame lamination affected source, you subpart is delegated to your State, local, (2) A statement certifying that each must also keep the following records or tribal agency. adhesive that was used at the affected specified in paragraphs (b)(1) through (b) In delegating implementation and source during the reporting period met (4) of this section. enforcement authority of this subpart to
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a State, local, or tribal agency under 40 or foam to any other substrate, other Flame lamination means the process CFR part 63, subpart E, the authorities than by mechanical means. Products of bonding flexible foam to one or more contained in paragraph (c) of this used on humans and animals, adhesive layers of material by heating the foam section are retained by the tape, contact paper, or any other surface with an open flame. Administrator of U.S. EPA and are not product with an adhesive incorporated Flame lamination line means the transferred to the State, local, or tribal onto it in an inert substrate shall not be flame laminator and associated rollers. agency. considered adhesives under this HAP-based adhesive means an (c) The authorities in paragraphs (c)(1) subpart. adhesive containing 5 percent (by through (4) that cannot be delegated to Deviation means any instance in weight) or more of HAP, according to State, local, or tribal agencies are as which an affected source subject to this EPA Method 311 (appendix A to 40 CFR follows: subpart, or an owner or operator of such part 63) or another approved alternative. (1) Approval of alternatives to a source: Loop slitter means a machine used to requirements in §§ 63.8780, 63.8782, (1) Fails to meet any requirement or create thin sheets of foam from the large 63.8784, 63.8786, and 63.8790. obligation established by this subpart, blocks of foam or ‘‘buns’’ created at a (2) Approval of major alternatives to including but not limited to any slabstock flexible polyurethane foam test methods under § 63.7(e)(2)(ii) and emission limitation (including any production plant. (f) and as defined in § 63.90. operating limit); or Research and development process (3) Approval of major alternatives to (2) Fails to meet any term or condition means a laboratory or pilot plant monitoring under § 63.8(f) and as that is adopted to implement an operation whose primary purpose is to defined in § 63.90. applicable requirement in this subpart conduct research and development into (4) Approval of major alternatives to and that is included in the operating new processes and products where the recordkeeping and reporting under permit for any affected source required operations are under the close § 63.10(f) and as defined in § 63.90. to obtain such a permit; or supervision of technically trained § 63.8830 What definitions apply to this (3) Fails to meet any emission personnel, and which is not engaged in subpart? limitation (including any operating the manufacture of products for commercial sale, except in a de minimis Terms used in this subpart are limit) in this subpart during startup, manner. defined in the CAA, in 40 CFR 63.2, and shutdown, or malfunction, regardless of Responsible official means in this section as follows: whether or not such failure is permitted responsible official as defined in 40 CFR Adhesive means any chemical by this subpart. 70.2. substance that is applied for the purpose Emission limitation means any of bonding foam to foam, foam to fabric, emission limit or operating limit. Tables to Subpart MMMMM of Part 63
TABLE 1 TO SUBPART MMMMM OF PART 63.—EMISSION LIMITS [As stated in § 63.8790(a), you must comply with the emission limits in the following table:]
For . . . You must . . .
1. Each existing, new, or reconstructed loop slitter adhesive use af- Not use any HAP-based adhesives. fected source. 2. Each new or reconstructed flame lamination affected source ...... Reduce HAP emissions by 90 percent. 3. Each existing flame lamination affected sources ...... There are no emission limits for existing flame lamination sources. However, you must submit an initial notification per § 63.8816(b).
TABLE 2 TO SUBPART MMMMM OF PART 63.—OPERATING LIMITS FOR NEW OR RECONSTRUCTED FLAME LAMINATION AFFECTED SOURCES [As stated in § 63.8790(b), you must comply with the operating limits in the following table:]
For each . . . You must . . .
1. Scrubber ...... a. Maintain the daily average scrubber inlet liq- uid flow rate above the minimum value es- tablished during the performance test. b. Maintain the daily average scrubber effluent pH within the operating range value estab- lished during the performance test. c. If you use a venturi scrubber, maintain the daily average pressure drop across the ven- turi within the operating range value estab- lished during the performance test. 2. Other type of control device to which flame lamination emissions are ducted ...... Maintain your operating parameter(s) within the ranges established during the performance test and according to your monitoring plan.
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TABLE 3 TO SUBPART MMMMM OF PART 63.—PERFORMANCE TEST REQUIREMENTS FOR NEW OR RECONSTRUCTED FLAME LAMINATION AFFECTED SOURCES [As stated in § 63.8800, you must comply with the requirements for performance tests for new or reconstructed flame lamination affected sources in the following table using the requirements in rows 1 through 5 of the table if you are measuring HCl and using a scrubber, row 6 if you are measuring HCN and using a scrubber, and row 7 if you are using any other control device:]
For each new or reconstructed flame lamination affected source, Using . . . According to the following requirements . . . you must . . .
1. Select sampling port’s location Method 1 or 1A in appendix A to Sampling sites must be located at the inlet and outlet of the scrubber and the number of traverse ports. part 60 of this chapter. and prior to any releases to the atmosphere. 2. Determine velocity ...... Method 2, 2A, 2C, 2D, 2F, or 2G in appendix A to part 60 of this chapter. 3. Determine gas molecular weight .. Not applicable ...... Assume a molecular weight of 29 (after moisture correction) for cal- culation purposes. 4. Measure moisture content of the Method 4 in appendix A to part 60 stack gas. of this chapter. 5. Measure HCl concentration if you a. Method 26A in appendix A to i. Measure total HCl emissions and determine the reduction effi- use chlorinated fire retardants in part 60 of this chapter. ciency of the control device using Method 26A. the laminated foam. ii. Collect scrubber liquid flow rate, scrubber effluent pH, and pres- sure drop (pressure drop data only required for venturi scrubbers) every 15 minutes during the entire duration of each 1-hour test run, and determine the average scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for Venturi scrubbers) over the period of the performance test by computing the average of all of the 15-minute readings. 6. Measure HCN concentration if a. A method approved by the Ad- i. Conduct the performance test according to the site-specific test you do not use chlorinated fire ministrator. plan submitted according to § 63.7(c)(2)(i). Measure total HCN retardants in the laminated foam. emissions and determine the reduction efficiency of the control de- vice. Any performance test which measures HCN concentrations must be submitted for the administrator’s approval prior to testing. You must use EPA Method 301 (40 CFR part 63, Appendix A) to validate your method. ii. Collect scrubber liquid flow rate, scrubber effluent pH, and pres- sure drop (pressure drop data only required for venturi scrubbers) every 15 minutes during the entire duration of each 1-hour test run, and determine the average scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) over the period of the performance test by computing the average of all of the 15-minute readings. 7. Determine control device effi- a. EPA-approved methods and i. Conduct the performance test according to the site-specific test ciency and establish operating pa- data from the continuous pa- plan submitted according to § 63.7(c)(2)(i). rameter limits with which you will rameter monitoring system. ii. Collect operating parameter data as specified in the site-specific demonstrate continuous compli- test plan. ance with the emission limit that applies to the source if you use any control device other than a scrubber.
TABLE 4 TO SUBPART MMMMM OF PART 63.—INITIAL COMPLIANCE WITH EMISSION LIMITS [As stated in § 63.8806, you must comply with the requirements to demonstrate initial compliance with the applicable emission limits in the following table:]
You have demonstrated initial compliance if For . . . For the following emission limit ......
1. Each new, reconstructed, or existing loop Eliminate use of HAP-based adhesives ...... You do not use HAP-based adhesives. slitter adhesive use affected source. 2. Each new or reconstructed flame lamination Reduce HAP emissions by 90 percent ...... The average HAP emissions, measured over affected source using a scrubber. the period of the performance test(s), are reduced by 90 percent. 3. Each new or reconstructed flame lamination Reduce HAP emissions by 90 percent ...... The average HAP emissions, measured over affected source using any other control de- the period of the performance test(s), are vice emissions by. reduced by 90 percent.
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TABLE 5 TO SUBPART MMMMM OF PART 63.—CONTINUOUS COMPLIANCE WITH EMISSION LIMITS AND OPERATING LIMITS [As stated in § 63.8812(a), you must comply with the requirements to demonstrate continuous compliance with the applicable emission limits or operating limits in the following table:]
For the following emission limits or operating You must demonstrate continuous compliance For . . . limits . . . by . . .
1. Each new, reconstructed, or existing loop Eliminate use of HAP-based adhesives ...... Not using HAP-based adhesives. slitter affected source. 2. Each new or reconstructed flame lamination a. Maintain the daily average scrubber inlet i. Collecting the scrubber inlet liquid flow rate affected source using a scrubber. liquid flow rate above the minimum value and effluent pH monitoring data according established during the performance. to § 63.8804(a) through (c). b. Maintain the daily average scrubber efflu- ii. Reducing the data to 1-hour and daily block ent pH within the operating range estab- averages according to the requirements in lished during the performance test. § 63.8804(a). c. Maintain the daily average pressure drop iii. Maintaining each daily average scrubber across the venturi within the operating inlet liquid flow rate above the minimum range established during the performance value established during the performance test. If you use another type of scrubber test. (e.g., packed bed or spray tower scrubber), iv. Maintaining the daily average scrubber ef- monitoring pressure drop is not required. fluent pH within the operating range estab- lished during the performance test. v. If you use a venturi scrubber, maintaining the daily average pressure drop across the venturi within the operating range estab- lished during the performance test. 3. Each new or reconstructed flame lamination a. Maintain the daily average operating pa- i. Collected the operating parameter data ac- affected source using any other control de- rameters above the minimum value estab- cording to the site-specific test plan. vice. lished during the performance test, or within ii. Reducing the data to one-hour averages the range established during the perform- according to the requirements in ance test, as applicable. § 63.8804(a). iii. Maintaining the daily average during the rate above the minimum value established during the performance test, or within the range established during the performance test, as applicable.
TABLE 6 TO SUBPART MMMMM OF PART 63.—REQUIREMENTS FOR REPORTS [As stated in § 63.8818(a), you must submit a compliance report that includes the information in § 63.8818(e) through (g) as well as the informa- tion in the following table. Rows 1 and 3 of the following table apply to loop slitter affected sources. Rows 1 through 5 apply to flame lamina- tion affected sources. You must also submit startup, shutdown, and malfunction reports according to the requirements in the following table if you own or operate a new or reconstructed flame lamination affected source:]
If... Then you must submit a report or statement that . .
1. There are no deviations from any emission limitations that apply to There were no deviations from the emission limitations during the re- you. porting period. 2. There were no periods during which the operating parameter moni- There were no periods during which the CPMS were out-of-control dur- toring systems were out-of-control in accordance with the monitoring ing the reporting period. plan. 3. There was a deviation from any emission limitation during the report- Contains the information in § 63.8818(e)(5). ing period. 4. There were periods during which the operating parameter monitoring Contains the information in § 63.8818(f)(3). systems were out-of-control in information in accordance with the monitoring plan. 5. There was a startup, shutdown, or malfunction where the source did Contains the information in § 63.8818(i). not meet the emission limitations set out in § 63.8790 at a new or re- constructed flame lamination affected source during the reporting pe- riod that is not consistent with your startup, shutdown, and malfunc- tion plan..
TABLE 7 TO SUBPART MMMMM OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMMM [As stated in § 63.8826, you must comply with the applicable General Provisions requirements according to the following table:]
Applies to subpart Citation Requirement MMMMM Explanation
§ 63.1 ...... Initial applicability determination; appli- Yes. cability after standard established; permit requirements; extensions; notifications. § 63.2 ...... Definitions ...... Yes ...... Additional definitions are found in § 63.8830.
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TABLE 7 TO SUBPART MMMMM OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMMM— Continued [As stated in § 63.8826, you must comply with the applicable General Provisions requirements according to the following table:]
Applies to subpart Citation Requirement MMMMM Explanation
§ 63.3 ...... Units and abbreviations ...... Yes. § 63.4 ...... Prohibited activities; compliance date; Yes. circumvention, severability. § 63.5 ...... Construction/reconstruction applicability; Yes. applications; approvals. § 63.6(a) ...... Compliance with standards and mainte- Yes. nance requirements-applicability. § 63.6(b)(1)–(4) ...... Compliance dates for new or recon- Yes ...... § 63.8786 specifies compliance dates. structed sources. § 63.6(b)(5) ...... Notification if commenced construction Yes. or reconstruction after proposal. § 63.6(b)(6) ...... [Reserved] ...... Yes. § 63.6(b)(7) ...... Compliance dates for new or recon- Yes ...... § 63.8786 specifies compliance dates. structed area sources that become major. § 63.6(c)(1)–(2) ...... Compliance dates for existing sources ... Yes ...... § 63.8786 specifies compliance dates. § 63.6(c)(3)–(4) ...... [Reserved] ...... Yes. § 63.6(c)(5) ...... Compliance dates for existing area Yes ...... § 63.8786 specifies compliance dates. sources that become major. § 63.6(d) ...... [Reserved] ...... Yes. § 63.6(e)(1) ...... Operation and maintenance Yes. requirements. § 63.6(e)(2) ...... [Reserved] ...... Yes. § 63.6(e)(3) ...... Startup, shutdown, and malfunction Yes ...... Only applies to new or reconstructed plans. flame lamination affected sources. § 63.6(f)(1) ...... Compliance except during SSM ...... Yes ...... Only applies to new or reconstructed flame lamination affected sources. § 63.6(f)(2)–(3) ...... Methods for determining compliance ...... Yes. § 63.6(g) ...... Use of an alternative nonopacity emis- Yes. sion standard. § 63.6(h) ...... Compliance with opacity/visible emission No ...... Subpart MMMMM does not specify standards. opacity or visible emission standards. § 63.6(i) ...... Extension of compliance with emission Yes. standards. § 63.6(j) ...... Presidential compliance exemption ...... Yes. § 63.7(a)(1)–(2) ...... Performance test dates ...... Yes ...... Except for loop slitter affected sources as specified in in § 63.8798(a). § 63.7(a)(3) ...... Administrator’s section 114 authority to Yes. require a performance test. § 63.7(b) ...... Notification of performance test and Yes. rescheduling. § 63.7(c) ...... Quality assurance program and site-spe- Yes. cific test plans. § 63.7(d) ...... Performance testing facilities ...... Yes. § 63.7(e)(1) ...... Conditions for conducting performance Yes. tests. § 63.7(f) ...... Use of an alternative test method ...... Yes. § 63.7(g) ...... Performance test data analysis, record- Yes. keeping, and reporting. § 63.7(h) ...... Waiver of performance tests ...... Yes. § 63.8(a)(1)–(2) ...... Applicability of monitoring requirements Yes ...... Unless otherwise specified, all of § 63.8 applies only to new or reconstructed flame lamination sources. Additional monitoring requirements for these sources are found in §§ 63.8794(f) and (g) and 63.8804. § 63.8(a)(3) ...... [Reserved] ...... Yes. § 63.8(a)(4) ...... Monitoring with flares ...... No ...... Subpart MMMMM does not refer directly or indirectly to § 63.11. § 63.8(b) ...... Conduct of monitoring and procedures Yes. when there are multiple effluents and multiple monitoring systems. § 63.8(c)(1)–(3) ...... Continuous monitoring system (CMS) Yes ...... Applies as modified by § 63.8794(f) and operation and maintenance. (g). § 63.8(c)(4) ...... Continuous monitoring system require- Yes ...... Applies as modified by § 63.8794(g). ments during breakdown, out-of-con- trol, repair, maintenance, and high- level calibration drifts.
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TABLE 7 TO SUBPART MMMMM OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMMM— Continued [As stated in § 63.8826, you must comply with the applicable General Provisions requirements according to the following table:]
Applies to subpart Citation Requirement MMMMM Explanation
§ 63.8(c)(5) ...... Continuous opacity monitoring system No ...... Subpart MMMMM does not have opacity (COMS) minimum procedures. or visible emission standards. § 63.8(c)(6) ...... Zero and high level calibration checks ... Yes ...... Applies as modified by § 63.8794(f). § 63.8(c)(7)–(8) ...... Out-of-control periods, including Yes. reporting. § 63.8(d)–(e) ...... Quality control program and CMS per- No ...... Applies as modified by § 63.8794(f) and formance evaluation. (g). § 63.8(f)(1)–(5) ...... Use of an alternative monitoring method Yes. § 63.8(f)(6) ...... Alternative to relative accuracy test ...... No ...... Only applies to sources that use contin- uous emissions monitoring systems (CEMS). § 63.8(g) ...... Data reduction ...... Yes ...... Applies as modified by § 63.8794(g). § 63.9(a) ...... Notification requirements—applicability .. Yes. § 63.9(b) ...... Initial notifications ...... Yes ...... Except § 63.8816(c) requires new or re- constructed affected sources to sub- mit the application for construction or reconstruction required by § 63.9(b)(1)(iii) in lieu of the initial noti- fication. § 63.9(c) ...... Request for compliance extension ...... Yes. § 63.9(d) ...... Notification that a new source is subject Yes. to special compliance requirements. § 63.9(e) ...... Notification of performance test ...... Yes. § 63.9(f) ...... Notification of visible emissions/opacity No ...... Subpart MMMMM does not have opacity test. or visible emission standards. § 63.9(g)(1) ...... Additional CMS notifications—date of Yes. CMS performance evaluation. § 63.9(g)(2) ...... Use of COMS data ...... No ...... Subpart MMMMM does not require the use of COMS. § 63.9(g)(3) ...... Alternative to relative accuracy testing ... No ...... Applies only to sources with CEMS. § 63.9(h) ...... Notification of compliance status ...... Yes. § 63.9(i) ...... Adjustment of submittal deadlines ...... Yes. § 63.9(j) ...... Change in previous information ...... Yes. § 63.10(a) ...... Recordkeeping/reporting applicability ..... Yes. § 63.10(b)(1) ...... General recordkeeping requirements ..... Yes ...... §§ 63.8820 and 63.8822 specify addi- tional recordkeeping requirements. § 63.10(b)(2)(i)–(xi) ...... Records related to startup, shutdown, Yes ...... Only applies to new or reconstructed and malfunction periods and CMS. flame lamination affected sources. § 63.10(b)(2)(xii) ...... Records when under waiver ...... Yes. § 63.10(b)(2)(xiii) ...... Records when using alternative to rel- No ...... Applies only to sources with CEMS. ative accuracy test. § 63.10(b)(2)(xiv) ...... All documentation supporting initial noti- Yes fication and notification of compliance status. § 63.10(b)(3) ...... Recordkeeping requirements for applica- Yes. bility determinations. § 63.10(c) ...... Additional recordkeeping requirements Yes ...... Applies as modified by § 63.8794(g). for sources with CMS. § 63.10(d)(1) ...... General reporting requirements ...... Yes ...... § 63.8818 specifies additional reporting requirements. § 63.10(d)(2) ...... Performance test results ...... Yes § 63.10(d)(3) ...... Opacity or visible emissions observa- No ...... Subpart MMMMM does not specify tions. opacity or visible emission standards. § 63.10(d)(4) ...... Progress reports for sources with com- Yes. pliance extensions. § 63.10(d)(5) ...... Startup, shutdown, and malfunction re- Yes ...... Only applies to new or reconstructed ports. flame lamination affected sources. § 63.10(e)(1) ...... Additional CMS reports—general ...... Yes ...... Applies as modified by § 63.8794(g). § 63.10(e)(2)(i) ...... Results of CMS performance evalua- Yes ...... Applies as modified by § 63.8794(g). tions. § 63.10(e)(2) ...... Results of continuous opacity monitoring No ...... Subpart MMMMM does require the use systems performance evaluations. of COMS. § 63.10(e)(3) ...... Excess emissions/CMS performance re- Yes ...... Only applies to new or reconstructed ports. flame lamination affected sources. § 63.10(e)(4) ...... Continuous opacity monitoring system No ...... Subpart MMMMM does not require the data reports. use of COMS. § 63.10(f) ...... Recordkeeping/reporting waiver ...... Yes
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TABLE 7 TO SUBPART MMMMM OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMMM— Continued [As stated in § 63.8826, you must comply with the applicable General Provisions requirements according to the following table:]
Applies to subpart Citation Requirement MMMMM Explanation
§ 63.11...... Control device requirements—applica- No ...... Facilities subject to subpart MMMMM do bility. not use flares as control devices. § 63.12 ...... State authority and delegations ...... Yes ...... § 63.8828 lists those sections of sub- parts MMMMM and A that are not del- egated. § 63.13 ...... Addresses ...... Yes. § 63.14 ...... Incorporation by reference ...... Yes ...... Subpart MMMMM does not incorporate any material by reference. § 63.15 ...... Availability of information/confidentiality. Yes.
[FR Doc. 03–5520 Filed 4–11–03; 8:45 am] BILLING CODE 6560–50–P
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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. 9 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 71...... 16922 92...... 16922 The United States Government Manual 741–6000 7657...... 15921 7658...... 16403 93...... 16922 Other Services 7659...... 17253 94...... 15932, 16922 Electronic and on-line services (voice) 741–6020 7660...... 17873 98...... 16922 Privacy Act Compilation 741–6064 7661...... 17875 130...... 16922 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 10448 (Amended by 2...... 17752 13293) ...... 15917 77...... 16733 11157 (Revoked by 94...... 17886 ELECTRONIC RESEARCH 13294) ...... 15919 105...... 17327 115...... 17327 World Wide Web 11800 (Revoked by 13294) ...... 15919 10 CFR Full text of the daily Federal Register, CFR and other publications 12452 (Revoked by is located at: http://www.access.gpo.gov/nara 13295) ...... 17255 Proposed Rules: Federal Register information and research tools, including Public 13293...... 15917 170...... 16374 Inspection List, indexes, and links to GPO Access are located at: 13294...... 15919 171...... 16374, 17987 http://www.archives.gov/federallregister/ 13295...... 17255 709...... 17886 E-mail Administrative Orders: 11 CFR Memorandums: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of March 110...... 16715 an open e-mail service that provides subscribers with a digital 28, 2003 ...... 17529 12 CFR form of the Federal Register Table of Contents. The digital form Presidential of the Federal Register Table of Contents includes HTML and Determinations: 226...... 16185 PDF links to the full text of each document. No. 2003–18 of March 1730...... 16715 To join or leave, go to http://listserv.access.gpo.gov and select 24, 2003 ...... 16165 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list No. 2003–19 of March 5...... 17890 (or change settings); then follow the instructions. 24, 2003 ...... 16167 702...... 16450 704...... 16450 PENS (Public Law Electronic Notification Service) is an e-mail 5 CFR 712...... 16450 service that notifies subscribers of recently enacted laws. Ch. 67 ...... 17877 723...... 16450 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5201...... 16398 13 CFR and select Join or leave the list (or change settings); then follow Proposed Rules: the instructions. 870...... 17315 Proposed Rules: 121...... 15971 FEDREGTOC-L and PENS are mailing lists only. We cannot 1600...... 16449 respond to specific inquiries. 1605...... 16449 1606...... 16449 14 CFR Reference questions. Send questions and comments about the 1655...... 16449 1...... 16943 Federal Register system to: [email protected] 39 ...... 15653, 15937, 16190, 7 CFR The Federal Register staff cannot interpret specific documents or 16192, 16195, 16198, 16200, regulations. 25...... 16169 16203, 16205, 16948, 17544, 718...... 16170 17727, 17879 723...... 16170 71 ...... 16207, 16351, 16409, FEDERAL REGISTER PAGES AND DATE, APRIL 916...... 17257 16410, 16943, 16950, 16951, 15653–15920...... 1 917...... 17257 16952, 17153, 17729 15921–16164...... 2 923...... 15923 91...... 17545, 17870 989...... 15926 95...... 16943, 17730 16165–16402...... 3 993...... 17267, 17539 93...... 15657 16403–16714...... 4 1412...... 16170 97 ...... 16411, 16412, 16943 16715–16942...... 7 1413...... 16170 121 ...... 15884, 17514, 17545 16943–17252...... 8 1465...... 17272 125...... 15884 17253–17528...... 9 1940...... 17153 129...... 15884 17529–17726...... 10 Proposed Rules: 135...... 17545 17727–17876...... 11 762...... 17316 145...... 17545 17877–18080...... 14 772...... 17320 Proposed Rules: 930...... 15971 1...... 16992 956...... 17325 21...... 16217 1901...... 17320 25...... 16458 1941...... 17316 39 ...... 15682, 15684, 15687, 1943...... 17316 16220, 16222, 16225, 16458, 1951...... 17316, 17320 16735, 16736, 17563, 17755,
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17757, 17893 Proposed Rules: Proposed Rules: 47 CFR 71 ...... 16227, 16229, 16230, 1 ...... 15801, 16462, 17759 201...... 15972 2...... 16962 16992, 17987 49...... 15690 21...... 16962 91...... 16992 38 CFR 27 CFR 25...... 16446, 16962 95...... 16992 1...... 15659, 17549 54...... 15669 97...... 16992 Proposed Rules: 14...... 17549 73...... 16730, 16968 121...... 16992 73...... 17760 17...... 17549 125...... 16992 74...... 16962, 17560 28 CFR 129...... 16992 40 CFR 76...... 17312 135...... 16992 2...... 16718 9...... 16708 78...... 16962 Proposed Rules: 46...... 16708 101...... 16962 15 CFR 2...... 16743 52 ...... 15661, 15664, 16721, Proposed Rules: 740...... 16144, 16208 1...... 17577 29 CFR 16724, 16726, 16959, 17551 742...... 16144, 16208 60...... 17990 64...... 16250 762...... 16208 70...... 16398 61...... 16726 73 ...... 16750, 16968, 17592, 774...... 16144, 16208 71...... 16398 62...... 17738, 17883 17593 Proposed Rules: 96...... 16162 63...... 18008, 18062 99...... 16162 911...... 16993 82...... 16728, 16729 48 CFR 2509...... 16399 89...... 17741 16 CFR 2510...... 16399, 17472 180 ...... 15945, 15958, 15963, 1847...... 16969 Proposed Rules: 2520...... 16399, 17494 16436, 17307 1852...... 16969 305...... 16231 2550...... 16399 271 ...... 17308, 17553, 17556, Proposed Rules: 310...... 16238, 16414 2560...... 16399, 17503 17748 2...... 16366 2570 ...... 16399, 17484, 17506 Proposed Rules: 4...... 16366 17 CFR 2575...... 16399 Ch. 1 ...... 16747 13...... 16366 210...... 17880 2582...... 16399 52 ...... 15696, 16644, 16748, 32...... 16366 228...... 15939 2584...... 16399 17002, 17331, 17573, 17576 52...... 16366 229...... 15939 2589...... 16399 60...... 18003 2590...... 16399, 18048 62...... 17763, 17903 244...... 15939 49 CFR 249...... 15939 30 CFR 82...... 16749 89...... 17763 Ch. 4 ...... 16953 Proposed Rules: 901...... 17545 240...... 15688 261...... 17234, 18052 1...... 16215 Proposed Rules: 271 ...... 17332, 17576, 17577, 533...... 16868 18 CFR 70...... 15691 17767 665...... 15672 72...... 15691 1305...... 17545 1109...... 17312 75...... 15691 41 CFR 1111...... 17312 20 CFR 90...... 15691 Ch. 101 ...... 16730 1114...... 17312 206...... 17565 Proposed Rules: 404...... 15658 943...... 17566 42 CFR 172...... 16751 408...... 16415 948...... 17896 70...... 17558 173...... 16751 21 CFR 31 CFR 71...... 17558 174...... 16751 422...... 16652 172...... 17277 800...... 16720 175...... 16751 489...... 16652 176...... 16751 341...... 17881 Proposed Rules: Proposed Rules: 177...... 16751 510...... 17881 103...... 17569 558...... 17881 440...... 15973 178...... 16751 1308...... 16427 32 CFR 192...... 17593 43 CFR Proposed Rules: Proposed Rules: 266...... 16753 1...... 16998 199...... 16247 10...... 16354 423...... 16214 10...... 16461 312...... 16249 50 CFR 111...... 17896 806b...... 16746 44 CFR 17 ...... 15804, 16970, 17156, 24 CFR 33 CFR Ch. 1 ...... 15666 17428, 17430, 17560 Proposed Rules: Ch. 1 ...... 16953 61...... 15666 222...... 17560 202...... 15906 117 ...... 15943, 16721, 16953 64...... 15967 224...... 15674 902...... 16461 165 ...... 16955, 17291, 17733, 226...... 17560 45 CFR 1000...... 17000 17734, 17736 230...... 15680 635...... 16216 Proposed Rules: 164...... 17153 26 CFR 110...... 15691 2506...... 16437 648...... 16731 1 ...... 15940, 16430, 17002, 679 ...... 15969, 16990, 17314, 117...... 17571 46 CFR 17277 165...... 15694 17750 40...... 15940 Ch. 1 ...... 16953 697...... 16732 48...... 15940 36 CFR Ch. 3 ...... 16953 Proposed Rules: 49...... 15940 7...... 16432, 17292 Proposed Rules: 17 ...... 15876, 15879, 16602 54...... 17277 401...... 15697 600 ...... 17004, 17005, 17333 301...... 16351 37 CFR 530...... 15978 648...... 17903 602 ...... 15940, 15942, 17277 201...... 16958 540...... 17003 660...... 16754
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REMINDERS Institute of Museum and Domestic fisheries; purposes; designation of The items in this list were Library Services; exempted fishing permit areas: editorially compiled as an aid published 4-14-03 applications; comments California; comments due by to Federal Register users. SECURITIES AND due by 4-23-03; 4-21-03; published 3-20- Inclusion or exclusion from EXCHANGE COMMISSION published 4-8-03 [FR 03 [FR 03-06707] this list has no legal Securities and investment 03-08555] Air quality implementation significance. companies: Domestic fisheries; plans; approval and Proxy voting policies and exempted fishing permit promulgation; various records disclosure by applications; comments States: RULES GOING INTO due by 4-23-03; registered management California; comments due by EFFECT APRIL 14, 2003 published 4-8-03 [FR investment companies; 4-21-03; published 3-21- published 2-7-03 03-08554] AGRICULTURE 03 [FR 03-06709] Securities: Domestic fishing; general DEPARTMENT provisions; comments ENVIRONMENTAL Animal and Plant Health Annual and quarterly PROTECTION AGENCY reports; acceleratin of due by 4-24-03; Inspection Service published 4-9-03 [FR Air quality implementation Animal welfare: periodic filing dates and plans; approval and disclosure concerning web 03-08685] Dogs intended for hunting, promulgation; various site access to reports; Northeastern United States breeding, or security States: correction; published 4-14- fisheries— purposes; dealer licensing 03 Northeast multispecies; California; comments due by and inspection comments due by 4-24- 4-21-03; published 3-21- requirements; published 3- Regulation analyst 03; published 3-25-03 03 [FR 03-06710] 14-03 certification; published 2- 27-03 [FR 03-07068] ENVIRONMENTAL ENVIRONMENTAL PROTECTION AGENCY PROTECTION AGENCY TREASURY DEPARTMENT COMMERCE DEPARTMENT Comptroller of the Currency Patent and Trademark Office Air quality implementation Air pollutants, hazardous; plans; approval and Bank activities and operations: national emission standards: Patent cases: promulgation; various Coke ovens; pushing, Electronic banking; Official patent application States: quenching, battery stacks; published 4-14-03 records; electronic California; comments due by published 4-14-03 maintenance 4-23-03; published 3-24- Flexible polyurethane foam COMMENTS DUE NEXT implementation; comments 03 [FR 03-06810] fabrication operations; WEEK due by 4-24-03; published published 4-14-03 3-25-03 [FR 03-06972] ENVIRONMENTAL Water pollution control; and PROTECTION AGENCY AGRICULTURE DEFENSE DEPARTMENT water pollution; effluent Air quality implementation DEPARTMENT Acquisition regulations: guidelines for point source plans; approval and categories: Animal and Plant Health Payment requirements; promulgation; various National Pollutant Discharge Inspection Service electronic submission and States: processing; comments Elimination System— Exportation and importation of California; comments due by due by 4-22-03; published Concentrated animal animals and animal 4-23-03; published 3-24- 2-21-03 [FR 03-04085] feeding operations; products: 03 [FR 03-06811] Foot-and-mouth disease; DEFENSE DEPARTMENT published 2-12-03 ENVIRONMENTAL importation of milk and FEDERAL Engineers Corps PROTECTION AGENCY milk products from COMMUNICATIONS Danger zones and restricted Air quality implementation COMMISSION affected regions; areas: comments due by 4-21- plans; approval and Common carrier services: 03; published 2-18-03 [FR Manchester, Washington; promulgation; various Satellite communications— 03-03836] Manchester Fuel Depot; States: Advanced wireless comments due by 4-24- Exportation and improtation of California; comments due by service; published 3-13- 03; published 3-25-03 [FR animals and animal 4-23-03; published 3-24- 03 03-06967] products: 03 [FR 03-06812] Digital television stations; table DEFENSE DEPARTMENT ENVIRONMENTAL of assignments: Foot-and-mouth disease; disease status change— National Security Agency/ PROTECTION AGENCY Pennsylvania; published 3-6- Central Security Service 03 Uruguay; comments due Air quality implementation by 4-25-03; published Privacy Act; implementation; Television stations; table of plans; approval and 4-14-03 [FR 03-09022] comments due by 4-21-03; assignments: promulgation; various published 2-20-03 [FR 03- States: Maine; published 3-6-03 AGRICULTURE DEPARTMENT 04063] California; comments due by HEALTH AND HUMAN ENERGY DEPARTMENT 4-23-03; published 3-24- SERVICES DEPARTMENT Foreign Agricultural Service 03 [FR 03-06809] Food and Drug Foreign aid: Federal Energy Regulatory Administration McGovern-Dole International Commission Kansas; comments due by 4-25-03; published 3-26- Animal drugs, feeds, and Food for Education and Electric utilities (Federal Power 03 [FR 03-07052] related products: Child Nutrition Program; Act): Sponsor name and address comments due by 4-25- Hydroelectric license Missouri; comments due by changes- - 03; published 3-26-03 [FR regulations; comments 4-25-03; published 3-26- Merial, Ltd.; published 4- 03-07028] due by 4-21-03; published 03 [FR 03-07054] 14-03 COMMERCE DEPARTMENT 3-21-03 [FR 03-06388] Pennsylvania; comments ARTS AND HUMANITIES, National Oceanic and ENVIRONMENTAL due by 4-23-03; published NATIONAL FOUNDATION Atmospheric Administration PROTECTION AGENCY 3-24-03 [FR 03-06815] National Foundation on the Fishery conservation and Air quality implementation ENVIRONMENTAL Arts and the Humanities management: plans; approval and PROTECTION AGENCY Supplemental standards of Magnuson-Stevens Act promulgation; various Air quality implementation Ethical Conduct: provisions— States; air quality planning plans; approval and
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promulgation; various Chesapeake Bay, MD; Diversion Control Program; TREASURY DEPARTMENT States: safety and security zones; registration and Internal Revenue Service Pennsylvania; comments comments due by 4-21- reregistration application Income taxes: due by 4-23-03; published 03; published 3-20-03 [FR fee schedule; adjustment; Corporate statutory mergers 03-06636] 3-24-03 [FR 03-06816] comments due by 4-21- and consolidations; Fifth Coast Guard District, 03; published 2-18-03 [FR ENVIRONMENTAL definition and public Portsmouth, VA; regulated 03-03765] PROTECTION AGENCY hearing; cross-reference; navigation area; NUCLEAR REGULATORY comments due by 4-24- Air quality implementation comments due by 4-21- COMMISSION 03; published 1-24-03 [FR plans; approval and 03; published 2-19-03 [FR 03-01545] promulgation; various 03-03981] Radiation protection standards: States: HOMELAND SECURITY Radiation exposure reports; TREASURY DEPARTMENT Utah; comments due by 4- DEPARTMENT personal information Currency and foreign 24-03; published 3-25-03 Coast Guard labeling; comments due transactions; financial [FR 03-07055] Ports and waterways safety: by 4-24-03; published 3- reporting and recordkeeping Water pollution control: New York Marine Inspection 25-03 [FR 03-07031] requirements: Ocean dumping; site and Captain of Port SMALL BUSINESS Bank Secrecy Act; designations— Zones, NY; safety and ADMINISTRATION implementation— Columbia River mouth, security zones; comments Small business size standards: Funds transmittal by OR and WA; comments due by 4-21-03; published Nonmanufacturer rule; financial institutions; due by 4-25-03; 2-19-03 [FR 03-03980] waivers— conditional exception published 3-11-03 [FR HOUSING AND URBAN expiration; comments Small arms manufacturing; due by 4-21-03; 03-05743] DEVELOPMENT comments due by 4-21- DEPARTMENT published 3-7-03 [FR FEDERAL 03; published 4-2-03 Manufactured Housing Dispute 03-05432] COMMUNICATIONS [FR 03-07840] Program: TREASURY DEPARTMENT COMMISSION TRANSPORTATION Manufactured home defects; Currency and foreign Practice and procedure: DEPARTMENT dispute resolution and transactions; financial Regulatory fees (2003 FY); correction or repair Federal Aviation reporting and recordkeeping assessment and orders; comments due by Administration requirements: collection; comments due 4-24-03; published 3-10- Airworthiness directives: USA PATRIOT Act; by 4-25-03; published 4- 03 [FR 03-05647] Air Tractor, Inc.; comments implementation— 10-03 [FR 03-08574] Manufactured Housing due by 4-25-03; published Anti-money laundering Installation Program: Radio stations; table of 3-19-03 [FR 03-06262] programs for dealers in assignments: Manufactured homes; precious metals, stones, installation standards, TRANSPORTATION Tennessee; comments due DEPARTMENT or jewels; comments by 4-25-03; published 3- training and licensing Federal Aviation due by 4-22-03; 13-03 [FR 03-06096] installers, and inspection published 2-21-03 [FR of installed manufactured Administration Texas; comments due by 4- 03-04171] 25-03; published 3-13-03 homes; comments due by Airworthiness directives: [FR 03-06093] 4-24-03; published 3-10- Boeing; comments due by 03 [FR 03-05646] 4-21-03; published 3-5-03 LIST OF PUBLIC LAWS FEDERAL RETIREMENT INTERIOR DEPARTMENT [FR 03-05123] THRIFT INVESTMENT Fish and Wildlife Service This is a continuing list of BOARD TRANSPORTATION Endangered and threatened DEPARTMENT public bills from the current Thrift Savings Plan: species: session of Congress which Federal Aviation Catch-up contributions by have become Federal laws. It Critical habitat Administration participants age 50 and designations— may be used in conjunction over, and new record Cactus ferruginous Airworthiness directives: with ‘‘PLUS’’ (Public Laws keeping system; pygmy-owl; Arizona Honeywell; comments due Update Service) on 202–741– comments due by 4-25- distinct population by 4-25-03; published 2- 6043. This list is also 03; published 4-4-03 [FR segment; comments 24-03 [FR 03-04238] available online at http:// 03-08245] due by 4-25-03; TRANSPORTATION www.nara.gov/fedreg/ HOMELAND SECURITY published 2-25-03 [FR DEPARTMENT plawcurr.html. 03-04539] DEPARTMENT Federal Aviation The text of laws is not Coast Guard Ventura marsh milk-vetch; Administration published in the Federal comments due by 4-21- Drawbridge operations: Airworthiness directives: Register but may be ordered 03; published 3-20-03 in ‘‘slip law’’ (individual Minnesota and Wisconsin; [FR 03-06292] Israel Aircraft Industries, comments due by 4-24- Ltd.; comments due by 4- pamphlet) form from the INTERIOR DEPARTMENT 03; published 3-25-03 [FR 24-03; published 3-25-03 Superintendent of Documents, Surface Mining Reclamation 03-07079] [FR 03-06996] U.S. Government Printing and Enforcement Office Great Lakes Pilotage NARCO Avionics Inc.; Office, Washington, DC 20402 Permanent program and (phone, 202–512–1808). The regulations; rates update; abandoned mine land comments due by 4-21- comments due by 4-24-03; 03; published 2-20-03 [FR text will also be made reclamation plan available on the Internet from published 2-14-03 [FR 03- submissions: 03-04056] 03737] GPO Access at http:// Maryland; comments due by Raytheon; comments due by www.access.gpo.gov/nara/ Ports and waterways safety: 4-24-03; published 3-25- 4-23-03; published 2-14- nara005.html. Some laws may Chesapeake Bay, MD and 03 [FR 03-07023] 03 [FR 03-03611] not yet be available. tributaries; safety and JUSTICE DEPARTMENT Rolls-Royce plc; comments security zones; comments Drug Enforcement due by 4-21-03; published H.R. 395/P.L. 108–10 due by 4-21-03; published Administration 2-20-03 [FR 03-04057] Do-Not-Call Implementation 3-20-03 [FR 03-06633] Controlled substances; Class E airspace; comments Act (Mar. 11, 2003; 117 Stat. Cove Point Liquified Natural manufacturers, distributors, due by 4-25-03; published 557) Gas Terminal, and dispensers; registration: 3-25-03 [FR 03-07073] Last List March 10, 2003
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enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. Notification Service publaws-l.html (PENS) Note: This service is strictly for E-mail notification of new PENS is a free electronic mail laws. The text of laws is not notification service of newly available through this service.
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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 ...... (869–050–00039–3) ...... 58.00 Jan. 1, 2003 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–050–00040–7) ...... 28.00 Jan. 1, 2003 numbers, prices, and revision dates. 200–1199 ...... (869–050–00041–5) ...... 47.00 Jan. 1, 2003 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–050–00042–3) ...... 43.00 Jan. 1, 2003 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–050–00043–1) ...... 37.00 Jan. 1, 2003 A checklist of current CFR volumes comprising a complete CFR set, *300–799 ...... (869–050–00044–0) ...... 57.00 Jan. 1, 2003 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–050–00045–8) ...... 40.00 Jan. 1, 2003 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–050–00046–6) ...... 47.00 Jan. 1, 2003 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–050–00047–4) ...... 57.00 Jan. 1, 2003 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) ...... (869–050–00001–6) ...... 9.00 4Jan. 1, 2003 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 ...... (869–050–00003–2) ...... 9.50 Jan. 1, 2003 1–99 ...... (869–048–00059–3) ...... 39.00 Apr. 1, 2002 ...... 5 Parts: 100–169 (869–048–00060–7) 46.00 Apr. 1, 2002 170–199 ...... (869–048–00061–5) ...... 47.00 Apr. 1, 2002 1–699 ...... (869–050–00004–1) ...... 57.00 Jan. 1, 2003 200–299 ...... (869–048–00062–3) ...... 16.00 Apr. 1, 2002 700–1199 ...... (869–050–00005–9) ...... 46.00 Jan. 1, 2003 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) ...... (869–050–00006–7) ...... 58.00 Jan. 1, 2003 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 ...... (869–050–00008–3) ...... 47.00 Jan. 1, 2003 22 Parts: 53–209 ...... (869–050–00009–1) ...... 36.00 Jan. 1, 2003 1–299 ...... (869–048–00068–2) ...... 59.00 Apr. 1, 2002 210–299 ...... (869–050–00010–5) ...... 59.00 Jan. 1, 2003 300–End ...... (869–048–00069–1) ...... 43.00 Apr. 1, 2002 300–399 ...... (869–050–00011–3) ...... 43.00 Jan. 1, 2003 400–699 ...... (869–050–00012–1) ...... 39.00 Jan. 1, 2003 23 ...... (869–048–00070–4) ...... 40.00 Apr. 1, 2002 700–899 ...... (869–050–00013–0) ...... 42.00 Jan. 1, 2003 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 ...... (869–050–00015–6) ...... 23.00 Jan. 1, 2003 200–499 ...... (869–048–00072–1) ...... 47.00 Apr. 1, 2002 1200–1599 ...... (869–050–00016–4) ...... 58.00 Jan. 1, 2003 500–699 ...... (869–048–00073–9) ...... 29.00 Apr. 1, 2002 1600–1899 ...... (869–050–00017–2) ...... 61.00 Jan. 1, 2003 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 1950–1999 ...... (869–048–00020–8) ...... 47.00 Jan. 1, 2002 25 ...... (869–048–00076–3) ...... 68.00 Apr. 1, 2002 2000–End ...... (869–050–00021–1) ...... 46.00 Jan. 1, 2003 26 Parts: 8 ...... (869–048–00022–4) ...... 58.00 Jan. 1, 2002 §§ 1.0-1–1.60 ...... (869–048–00077–1) ...... 45.00 Apr. 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 ...... (869–050–00024–5) ...... 56.00 Jan. 1, 2003 §§ 1.401–1.440 ...... (869–048–00081–0) ...... 60.00 Apr. 1, 2002 10 Parts: §§ 1.441-1.500 ...... (869-048-00082-8) ...... 47.00 Apr. 1, 2002 1–50 ...... (869–050–00025–3) ...... 58.00 Jan. 1, 2003 §§ 1.501–1.640 ...... (869–048–00083–6) ...... 44.00 6Apr. 1, 2002 51–199 ...... (869–050–00026–1) ...... 56.00 Jan. 1, 2003 §§ 1.641–1.850 ...... (869–048–00084–4) ...... 57.00 Apr. 1, 2002 200–499 ...... (869–050–00027–0) ...... 44.00 Jan. 1, 2003 §§ 1.851–1.907 ...... (869–048–00085–2) ...... 57.00 Apr. 1, 2002 *500–End ...... (869–050–00028–8) ...... 58.00 Jan. 1, 2003 §§ 1.908–1.1000 ...... (869–048–00086–1) ...... 56.00 Apr. 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 12 Parts: 2–29 ...... (869–048–00089–5) ...... 57.00 Apr. 1, 2002 1–199 ...... (869–050–00030–0) ...... 30.00 Jan. 1, 2003 30–39 ...... (869–048–00090–9) ...... 39.00 Apr. 1, 2002 200–219 ...... (869–050–00031–8) ...... 38.00 Jan. 1, 2003 40–49 ...... (869–048–00091–7) ...... 26.00 Apr. 1, 2002 *220–299 ...... (869–050–00032–6) ...... 58.00 Jan. 1, 2003 50–299 ...... (869–048–00092–5) ...... 38.00 Apr. 1, 2002 300–499 ...... (869–050–00033–4) ...... 43.00 Jan. 1, 2003 300–499 ...... (869–048–00093–3) ...... 57.00 Apr. 1, 2002 500–599 ...... (869–050–00034–2) ...... 38.00 Jan. 1, 2003 500–599 ...... (869–048–00094–1) ...... 12.00 5Apr. 1, 2002 600–899 ...... (869–050–00035–1) ...... 54.00 Jan. 1, 2003 600–End ...... (869–048–00095–0) ...... 16.00 Apr. 1, 2002 ...... 900–End (869–050–00036–9) 47.00 Jan. 1, 2003 27 Parts: 13 ...... (869–050–00037–7) ...... 47.00 Jan. 1, 2003 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 (869–048–00153–1) 47.00 July 1, 2002 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 ...... (869–048–00159–0) ...... 59.00 July 1, 2002 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 ...... (869–048–00108–5) ...... 59.00 July 1, 2002 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 ...... (869–048–00110–7) ...... 47.00 July 1, 2002 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 ...... (869–048–00162–0) ...... 23.00 July 1, 2002 200–End ...... (869–048–00113–1) ...... 60.00 July 1, 2002 101 ...... (869–048–00163–8) ...... 43.00 July 1, 2002 32 Parts: 102–200 ...... (869–048–00164–6) ...... 41.00 July 1, 2002 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–048–00165–4) ...... 24.00 July 1, 2002 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 ...... (869–048–00166–2) ...... 56.00 Oct. 1, 2002 ...... 191–399 ...... (869–048–00115–8) ...... 60.00 July 1, 2002 400–429 (869–048–00167–1) 59.00 Oct. 1, 2002 430–End ...... (869–048–00168–9) ...... 61.00 Oct. 1, 2002 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 ...... (869–048–00169–7) ...... 47.00 Oct. 1, 2002 800–End ...... (869–048–00119–1) ...... 46.00 July 1, 2002 1000–end ...... (869–048–00170–1) ...... 59.00 Oct. 1, 2002 33 Parts: 44 ...... (869–048–00171–9) ...... 47.00 Oct. 1, 2002 1–124 ...... (869–048–00120–4) ...... 47.00 July 1, 2002 45 Parts: 125–199 ...... (869–048–00121–2) ...... 60.00 July 1, 2002 1–199 ...... (869–048–00172–7) ...... 57.00 Oct. 1, 2002 200–End ...... (869–048–00122–1) ...... 47.00 July 1, 2002 200–499 ...... (869–048–00173–5) ...... 31.00 9Oct. 1, 2002 34 Parts: 500–1199 ...... (869–048–00174–3) ...... 47.00 Oct. 1, 2002 1–299 ...... (869–048–00123–9) ...... 45.00 July 1, 2002 1200–End ...... (869–048–00175–1) ...... 57.00 Oct. 1, 2002 300–399 ...... (869–048–00124–7) ...... 43.00 July 1, 2002 46 Parts: 400–End ...... (869–048–00125–5) ...... 59.00 July 1, 2002 1–40 ...... (869–048–00176–0) ...... 44.00 Oct. 1, 2002 35 ...... (869–048–00126–3) ...... 10.00 7July 1, 2002 41–69 ...... (869–048–00177–8) ...... 37.00 Oct. 1, 2002 70–89 ...... (869–048–00178–6) ...... 14.00 Oct. 1, 2002 36 Parts 90–139 ...... (869–048–00179–4) ...... 42.00 Oct. 1, 2002 ...... 1–199 (869–048–00127–1) 36.00 July 1, 2002 140–155 ...... (869–048–00180–8) ...... 24.00 9Oct. 1, 2002 ...... 200–299 (869–048–00128–0) 35.00 July 1, 2002 156–165 ...... (869–048–00181–6) ...... 31.00 9Oct. 1, 2002 ...... 300–End (869–048–00129–8) 58.00 July 1, 2002 166–199 ...... (869–048–00182–4) ...... 44.00 Oct. 1, 2002 37 ...... (869–048–00130–1) ...... 47.00 July 1, 2002 200–499 ...... (869–048–00183–2) ...... 37.00 Oct. 1, 2002 ...... 38 Parts: 500–End (869–048–00184–1) 24.00 Oct. 1, 2002 0–17 ...... (869–048–00131–0) ...... 57.00 July 1, 2002 47 Parts: 18–End ...... (869–048–00132–8) ...... 58.00 July 1, 2002 0–19 ...... (869–048–00185–9) ...... 57.00 Oct. 1, 2002 20–39 ...... (869–048–00186–7) ...... 45.00 Oct. 1, 2002 39 ...... (869–048–00133–6) ...... 40.00 July 1, 2002 40–69 ...... (869–048–00187–5) ...... 36.00 Oct. 1, 2002 40 Parts: 70–79 ...... (869–048–00188–3) ...... 58.00 Oct. 1, 2002 1–49 ...... (869–048–00134–4) ...... 57.00 July 1, 2002 80–End ...... (869–048–00189–1) ...... 57.00 Oct. 1, 2002 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) ...... (869–048–00190–5) ...... 59.00 Oct. 1, 2002 52 (52.1019–End) ...... (869–048–00137–9) ...... 58.00 July 1, 2002 1 (Parts 52–99) ...... (869–048–00191–3) ...... 47.00 Oct. 1, 2002 53–59 ...... (869–048–00138–7) ...... 29.00 July 1, 2002 2 (Parts 201–299) ...... (869–048–00192–1) ...... 53.00 Oct. 1, 2002 60 (60.1–End) ...... (869–048–00139–5) ...... 56.00 July 1, 2002 3–6 ...... (869–048–00193–0) ...... 30.00 Oct. 1, 2002 60 (Apps) ...... (869–048–00140–9) ...... 51.00 8July 1, 2002 7–14 ...... (869–048–00194–8) ...... 47.00 Oct. 1, 2002 61–62 ...... (869–048–00141–7) ...... 38.00 July 1, 2002 15–28 ...... (869–048–00195–6) ...... 55.00 Oct. 1, 2002 63 (63.1–63.599) ...... (869–048–00142–5) ...... 56.00 July 1, 2002 29–End ...... (869–048–00196–4) ...... 38.00 9Oct. 1, 2002 63 (63.600–63.1199) ...... (869–048–00143–3) ...... 46.00 July 1, 2002 63 (63.1200-End) ...... (869–048–00144–1) ...... 61.00 July 1, 2002 49 Parts: 64–71 ...... (869–048–00145–0) ...... 29.00 July 1, 2002 1–99 ...... (869–048–00197–2) ...... 56.00 Oct. 1, 2002 72–80 ...... (869–048–00146–8) ...... 59.00 July 1, 2002 100–185 ...... (869–048–00198–1) ...... 60.00 Oct. 1, 2002 81–85 ...... (869–048–00147–6) ...... 47.00 July 1, 2002 186–199 ...... (869–048–00199–9) ...... 18.00 Oct. 1, 2002 86 (86.1–86.599–99) ...... (869–048–00148–4) ...... 52.00 8July 1, 2002 200–399 ...... (869–048–00200–6) ...... 61.00 Oct. 1, 2002 86 (86.600–1–End) ...... (869–048–00149–2) ...... 47.00 July 1, 2002 400–999 ...... (869–048–00201–4) ...... 61.00 Oct. 1, 2002 87–99 ...... (869–048–00150–6) ...... 57.00 July 1, 2002 1000–1199 ...... (869–048–00202–2) ...... 25.00 Oct. 1, 2002
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Title Stock Number Price Revision Date 1200–End ...... (869–048–00203–1) ...... 30.00 Oct. 1, 2002 50 Parts: 1–17 ...... (869–048–00204–9) ...... 60.00 Oct. 1, 2002 18–199 ...... (869–048–00205–7) ...... 40.00 Oct. 1, 2002 200–599 ...... (869–048–00206–5) ...... 38.00 Oct. 1, 2002 600–End ...... (869–048–00207–3) ...... 58.00 Oct. 1, 2002 CFR Index and Findings Aids ...... (869–050–00048–2) ...... 59.00 Jan. 1, 2003 Complete 2003 CFR set ...... 1,195.00 2003 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2003 Individual copies ...... 2.00 2003 Complete set (one-time mailing) ...... 298.00 2002 Complete set (one-time mailing) ...... 290.00 2001 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, 2002, through January 1, 2003. The CFR volume issued as of January 1, 2002 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. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2002. The CFR volume issued as of October 1, 2001 should be retained.
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