3–11–02 Monday Vol. 67 No. 47 Mar. 11, 2002 Pages 10827–11030
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1 II Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002
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2 III
Contents Federal Register Vol. 67, No. 47
Monday, March 11, 2002
Agricultural Marketing Service Meetings: RULES National Petroleum Council, 10898 Practice and procedure: Marketing agreements and orders, petitions, etc.; Engineers Corps proceedings, 10827–10830 RULES PROPOSED RULES Danger zones and restricted areas: Spearmint oil produced in Far West, 10848–10853 Elizabeth River, Portsmouth, VA; Craney Island Refueling Station, 10843–10844 Agriculture Department PROPOSED RULES See Agricultural Marketing Service Danger zones and restricted areas: See Commodity Credit Corporation Lake Michigan, Sheboygan County, WI; Wisconsin Air See Food Safety and Inspection Service National Guard live fire exercise area, 10866 See Forest Service See Natural Resources Conservation Service Environmental Protection Agency See Rural Utilities Service RULES Air quality implementation plans: Antitrust Division Interstate ozone transport reduction— NOTICES Nitrogen Oxides State Implementation Plan Call; National cooperative research notifications: electric generating units; seasonal heat input New Productivity Initiative, Inc., 10933 growth rates; response to remands in court cases, 10844–10845 Army Department Toxic substances: See Engineers Corps Significant new uses— Perfluoroalkyl sulfonates, 11007–11013 Arts and Humanities, National Foundation PROPOSED RULES See National Foundation on the Arts and the Humanities Toxic substances: Significant new uses— Commerce Department Perfluoroalkyl sulfonates, 11013–11030 See Export Administration Bureau NOTICES Agency information collection activities: See International Trade Administration Proposed collection; comment request, 10912–10914 See National Oceanic and Atmospheric Administration Reporting and recordkeeping requirements, 10915 Commodity Credit Corporation Water supply: Public water supply supervision program— NOTICES Arkansas, 10915–10916 Agency information collection activities: Proposed collection; comment request, 10885 Executive Office of the President See Trade Representative, Office of United States Commodity Futures Trading Commission NOTICES Export Administration Bureau Agency information collection activities: NOTICES Proposed collection; comment request, 10895–10896 Export privileges, actions affecting: Infocom Corp., Inc. et al., 10890–10892 Defense Department See Engineers Corps Federal Aviation Administration RULES Education Department Airworthiness directives: NOTICES Airbus; correction, 10969 Agency information collection activities: SOCATA-Groupe AEROSPATIALE, 10831–10833 Proposed collection; comment request, 10896–10897 Class E airspace, 10833–10843 Submission for OMB review; comment request, 10897 PROPOSED RULES Airworthiness directives: Employment and Training Administration Air Tractor, Inc., 10862–10864 NOTICES Textron Lycoming, 10859–10862 NAFTA transitional adjustment assistance: Airworthiness standards: Corning Cable et al., 10933–10936 Special conditions— CAP Aviation Model 222 airplane, 10858–10859 Energy Department Eclipse Aviation Corp. Model 500 airplane, 10857– See Federal Energy Regulatory Commission 10858 NOTICES Class E airspace, 10864–10865 Environmental statements; availability, etc.: NOTICES Paducah Gaseous Diffusion Plant, KY; water disposition Meetings: activities, 10897–10898 Aviation Rulemaking Advisory Committee, 10965
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Federal Communications Commission Federal Reserve System RULES NOTICES Common carrier services: Banks and bank holding companies: Federal-State Joint Board on Universal Service— Formations, acquisitions, and mergers, 10921 Non-rural high-cost support mechanism; Permissible nonbanking activities, 10921 comprehensive review, 10846 Digital television stations; table of assignments: Fish and Wildlife Service South Carolina, 10846–10847 NOTICES PROPOSED RULES Endangered and threatened species: Common carrier services: Recovery plans— Federal-State Joint Board on Universal Service— San Francisco lessingia and Raven’s manzanita, 10924– Non-rural high-cost support mechanism; 10925 comprehensive review, 10867–10871 Meetings: Satellite communications— Klamath River Basin Fisheries Task Force, 10925–10926 Non-geostationary satellite orbit, fixed satellite service in Ka-band; licensing conditions; correction, 10969 Food and Drug Administration Digital television stations; table of assignments: NOTICES Michigan, 10871–10872 Reports and guidance documents; availability, etc.: Radio stations; table of assignments: Catfish, common or usual names; Agriculture et al. North Carolina, 10872–10873 Appropriations Act of 2002; section 775 NOTICES implementation; correction, 10922 Agency information collection activities: Reporting and recordkeeping requirements, 10916–10918 Food Safety and Inspection Service Submission for OMB review; comment request, 10918– NOTICES 10919 Meetings: Common carrier services: Codex Alimentarius Commission— Equal access and nondiscrimination obligations Food Labeling Committee, 10885–10886 applicable to local exchange carriers; review, 10919– 10920 Forest Service Meetings: NOTICES Technological Advisory Council, 10920 Environmental statements; notice of intent: Rulemaking proceedings; petitions filed, granted, denied, Tahoe National Forest, CA, 10886–10888 etc., 10920–10921 Meetings: Resource Advisory Committees— Federal Election Commission Central Idaho, 10888 NOTICES Colville, 10888 Meetings; Sunshine Act, 10921 Siskiyou County, 10888
Federal Energy Regulatory Commission Health and Human Services Department NOTICES See Food and Drug Administration Environmental statements; availability, etc.: See Health Resources and Services Administration Niagara Mohawk Power Corp. et al., 10903 Northwest Pipeline Corp., 10903–10904 Health Resources and Services Administration Meetings: NOTICES Public utility market-based rate authorizations; terms and Agency information collection activities: conditions; investigation, 10904–10907 Proposed collection; comment request, 10922–10924 Meetings; Sunshine Act, 10907–10910 Practice and procedure: Indian Affairs Bureau Federal Energy Regulatory Records Information System, NOTICES 10910–10912 Land acquisitions into trust: Applications, hearings, determinations, etc.: Wyandotte Tribe of Oklahoma, 10926 ANR Pipeline Co., 10898–10899 Columbia Gulf Transmission Co., 10899 Interior Department Constellation Power Source, Inc., 10899 See Fish and Wildlife Service Dominion Transmission, Inc., 10899–10900 See Indian Affairs Bureau East Tennessee Natural Gas Co., 10904 See Land Management Bureau Florida Gas Transmission Co., 10900–10901 See National Park Service Horizon Pipeline Co., L.L.C., 10901 See Reclamation Bureau Jefferson Island Storage & Hub L.L.C., 10901–10902 See Surface Mining Reclamation and Enforcement Office Northwest Pipeline Corp., 10902 Public Utility District No. 2 of Grant County, WA, 10902 International Trade Administration Steuben Gas Storage Co., 10902–10903 NOTICES Antidumping: Federal Highway Administration Creatine monohydrate from— NOTICES China, 10892–10893 Environmental statements; notice of intent: San Joaquin County, CA, 10965–10966 Justice Department Westchester County, NY, 10966 See Antitrust Division
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NOTICES Reports and guidance documents; availability, etc.: Pollution control; consent judgments: National origin discrimination as it affects limited Hunter, Kenneth H., Jr., et al., 10930–10931 English proficient persons; prohibition; policy Muro, Arturo C., et al., 10931 guidance to Federal financial assistance recipients, Quemetco, Inc., et al., 10931–10932 10938–10939 Texas Petrochemicals Corp., 10932 Transcontinental Gas Pipe Line Corp., 10932–10933 Natural Resources Conservation Service Williams Field Services Co. et al., 10933 NOTICES Environmental statements; availability, etc.: Labor Department Shammack Creek Watershed, MS, 10889 See Employment and Training Administration See Mine Safety and Health Administration Nuclear Regulatory Commission Land Management Bureau PROPOSED RULES NOTICES Rulemaking petitions: Environmental statements; notice of intent: Nevada and Minnesota, 10853–10856 Daniel Boone National Forest, KY; correction, 10969 NOTICES Meetings: Mine Safety and Health Administration Nuclear Waste Advisory Committee, 10939–10940 RULES Coal mine safety and health: Office of United States Trade Representative Underground mines— See Trade Representative, Office of the United States Electric motor-driven mine equipment and accessories and high-voltage longwall equipment standards, Public Health Service 10971–11005 See Food and Drug Administration See Health Resources and Services Administration National Aeronautics and Space Administration NOTICES Railroad Retirement Board Meetings: NOTICES Advisory Council Agency information collection activities: Planetary Protection Advisory Committee, 10936 Submission for OMB review; comment request, 10940 Space Science Advisory Committee, 10936 Meetings; Sunshine Act, 10940 Patent licenses; non-exclusive, exclusive, or partially exclusive: Reclamation Bureau Enduro Medical Technology, Inc., 10936–10937 NOTICES Instrumentation Technology Associates, Inc., 10937 Environmental statements; notice of intent: Imperial Irrigation District Water Conservation and National Foundation on the Arts and the Humanities Transfer Project, CA, 10928–10930 NOTICES Meetings; Sunshine Act, 10937 Rural Utilities Service National Highway Traffic Safety Administration RULES Rural development: PROPOSED RULES Fuel economy standards: Distance Learning and Telemedicine Loan and Grant Alternative fuel vehicles; automotive fuel economy Program, 10830–10831 NOTICES manufacturing incentives, 10873–10884 Environmental statements; availability, etc.: East Kentucky Power Association, 10889 National Oceanic and Atmospheric Administration Georgia Transmission Corp., 10889–10890 RULES Grants and cooperative agreements; availability, etc.: Fishery conservation and management: Distance Learning and Telemedicine Loan and Grant Alaska; fisheries of Exclusive Economic Zone— Program, 10890 Pollock, 10847 NOTICES Antarctic Marine Living Resources Convention Act of 1984; Securities and Exchange Commission conservation and management measures, 10893–10894 NOTICES Meetings: Self-regulatory organizations; proposed rule changes: Caribbean Fishery Management Council, 10895 American Stock Exchange LLC, 10941–10942 National Association of Securities Dealers, Inc., 10942– National Park Service 10964 NOTICES National Register of Historic Places: State Department National Historic Landmarks; boundaries, 10926 NOTICES Pending nominations, 10926–10928 Art objects; importation for exhibition: Art and Politics of Arthur Szyk, 10964 National Science Foundation Cultural property: NOTICES Guatemala; archaeological objects and materials from Pre- Meetings: Columbian cultures; import restrictions; Business and Operations Advisory Committee, 10937 memorandum of understanding with U.S., 10964
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Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 10930 Separate Parts In This Issue
Trade Representative, Office of the United States Part II NOTICES Labor Department, Mine Safety and Health Administration, African Growth and Opportunity Act; implementation: 10971–11005 Cameroon; benefits eligibility determination, 10964– 10965 Part III Transportation Department Environmental Protection Agency, 11007–11030 See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Reader Aids Veterans Affairs Department Consult the Reader Aids section at the end of this issue for PROPOSED RULES phone numbers, online resources, finding aids, reminders, Adjudication; pensions, compensation, dependency, etc.: and notice of recently enacted public laws. De novo review; time limit for requests, 10866–10867 To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Agency information collection activities: listserv.access.gpo.gov and select Online mailing list Submission for OMB review; comment request, 10966– archives, FEDREGTOC-L, Join or leave the list (or change 10968 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 900...... 10827 1200...... 10827 1703...... 10830 Proposed Rules: 985...... 10848 10 CFR Proposed Rules: 60...... 10853 14 CFR 39 (2 documents) ...... 10831, 10969 71 (11 documents) ...... 10833, 10834, 10835, 10836, 10838, 10839, 10840, 10841, 10843 Proposed Rules: 23 (2 documents) ...... 10857, 10858 39 (2 documents) ...... 10859, 10862 71...... 10864 30 CFR 18...... 10972 75...... 10972 33 CFR 334...... 10843 Proposed Rules: 334...... 10866 38 CFR Proposed Rules: 3...... 10866 40 CFR 51...... 10844 52...... 10844 96...... 10844 97...... 10844 721...... 11008 Proposed Rules: 721...... 11008 47 CFR 54...... 10846 73...... 10846 Proposed Rules: 25...... 10969 54...... 10867 73 (2 documents) ...... 10871, 10872 49 CFR Proposed Rules: 538...... 10873 50 CFR 679...... 10847
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Rules and Regulations Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER on a Saturday, the time allowed for Governing Proceedings on Petitions To contains regulatory documents having general filing the document or paper shall be Modify or To Be Exempted From applicability and legal effect, most of which extended to include the following Research, Promotion and Education are keyed to and codified in the Code of business day; and to provide that the Programs (7 CFR 1200.50 through Federal Regulations, which is published under time for filing a motion to dismiss or an 50 titles pursuant to 44 U.S.C. 1510. 1200.52) have an active status, the answer is within 30 days after the transcripts and exhibits shall be kept on The Code of Federal Regulations is sold by service of the petition. file in the Office of the Hearing Clerk, the Superintendent of Documents. Prices of This rule also amends the Rules of where they shall be available for new books are listed in the first FEDERAL Practice and Procedure Governing examination during official hours of REGISTER issue of each week. Proceedings To Formulate Marketing business. Thereafter, the transcripts and Agreements and Marketing Orders and exhibits shall be made available by the the Rules of Practice and Procedure Hearing Clerk for examination during DEPARTMENT OF AGRICULTURE Governing Proceedings To Formulate official hours of business after prior and Amend an Order to provide that: request and reasonable notice to the Agricultural Marketing Service Transcripts may be obtained at the cost of duplication; to eliminate the Hearing Clerk. AMS is removing this 7 CFR Parts 900 and 1200 postmark as an effective date of filing provision. During the ‘‘active status’’ of [AMS–02–001] documents or papers; to provide that these litigation proceedings, it is when the time for filing a document or impracticable to keep the transcripts Rules of Practice paper expires on a Saturday, the time and exhibits on file in the Office of the Hearing Clerk during official hours of AGENCY: Agricultural Marketing Service, allowed for filing the document or paper business because they are used by USDA. shall be extended to include the following business day. administrative law judges to prepare the ACTION: Final rule. AMS also is making a number of initial decisions and by the Judicial SUMMARY: The Agricultural Marketing minor and non-substantive changes for Officer to prepare final decisions. Service (AMS) of the United States clarity and uniformity of style. AMS also is amending section Department of Agriculture (USDA) is These amendments are necessary in 900.60(f)(2) of the Rules of Practice amending the Rules of Practice order to expedite proceedings and save Governing Proceedings on Petitions To Governing Proceedings on Petitions To the United States and those who Modify or To Be Exempted From participate in the proceedings time and Modify or To Be Exempted From Marketing Orders (7 CFR 900.60(f)(2)); money. Marketing Orders and the Rules of section 1200.52(d) of the Rules of Practice Governing Proceedings on EFFECTIVE DATE: March 11, 2002. Practice Governing Proceedings on Petitions To Modify or To Be Exempted FOR FURTHER INFORMATION CONTACT: Petitions To Modify or To Be Exempted From Research, Promotion and Martha Ransom, Chief, Research and From Research, Promotion and Education Programs. AMS also is Promotion Branch, F&V, AMS, USDA, Education Programs (7 CFR 1200.52(d)), amending the Rules of Practice and Stop 0244, 1400 Independence Avenue, Procedure Governing Proceedings To by cross-reference to section SW, Room 2535–S, Washington, DC 900.60(f)(2); section 900.11(b) of the Formulate Marketing Agreements and 20250–0244, telephone (202) 720–9915, Rules of Practice and Procedure Marketing Orders and the Rules of fax (202) 205–2800, e-mail Governing Proceedings To Formulate Practice and Procedure Governing [email protected]. Proceedings To Formulate and Amend Marketing Agreements and Marketing SUPPLEMENTARY INFORMATION: an Order. Orders (7 CFR 900.11(b)); and section This final rule amends the Rules of Background 1200.12(b) of the Rules of Practice and Practice Governing Proceedings on Procedure Governing Proceedings To Petitions To Modify or To Be Exempted Availability of Transcripts and Evidence Formulate and Amend an Order (7 CFR From Marketing Orders and the Rules of Section 900.60(f)(1) of the Rules of 1200.12(b)). All of these sections Practice Governing Proceedings on Practice Governing Proceedings on provide that if a personal copy of a Petitions To Modify or To Be Exempted Petitions To Modify or To Be Exempted transcript is desired, the copy may be From Research, Promotion and From Marketing Orders (7 CFR obtained on written application filed Education Programs: To provide that 900.60(f)(1)) and section 1200.52(d) of with the reporter and upon payment of transcripts and exhibits do not have to the Rules of Practice Governing any fees. These sections are not be kept on file in the Office of the Proceedings on Petitions To Modify or consistent with section 11 of the Federal Hearing Clerk during the active status of To Be Exempted From Research, Advisory Committee Act (5 U.S.C. app. a proceeding; to provide that transcripts Promotion and Education Programs (7 at 6 (2000)) which requires that agencies may be obtained at the cost of CFR 1200.52(d)), by cross-reference to make copies of transcripts of agency duplication; to provide that the date of section 900.60(f)(1), provide that during proceedings available to any person at filing an appeal petition is the date the the period in which proceedings under actual cost of duplication. Therefore, appeal petition is filed with the Hearing the Rules of Practice Governing AMS is amending these sections to Clerk; to eliminate the postmark as an Proceedings on Petitions To Modify or provide that transcripts of proceedings effective date of filing documents or To Be Exempted From Marketing Orders papers; to provide that when the time (7 CFR 900.50 through 900.71) and shall be made available to any person at for filing a document or paper expires proceedings under the Rules of Practice actual cost of duplication.
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Transmission of Appeal Petitions filed. Moreover, at least theoretically, and section 1200.52(d) (7 CFR Section 900.65(a) of the Rules of the Hearing Clerk can never be 1200.52(d)) of the Rules of Practice Practice Governing Proceedings on absolutely certain that a document or Governing Proceedings on Petitions To Petitions To Modify or To Be Exempted paper is not timely because the Hearing Modify or To Be Exempted From From Marketing Orders (7 CFR Clerk may never receive a document or Research, Promotion and Education 900.65(a)) and section 1200.52(d) of the paper with a timely postmark. Programs, by cross-reference to section Rules of Practice Governing Proceedings Therefore, in order to provide certainty 900.52a(a). These sections provide that on Petitions To Modify or To Be and a single method for determining the the Administrator may file a motion to Exempted From Research, Promotion effective date of filing, we are dismiss or an answer within 30 days and Education Programs (7 CFR eliminating the provision under which after the filing of a petition. AMS is documents or papers are deemed to be amending these provisions to provide 1200.52(d)), by cross-reference to filed when postmarked. Any party who that the AMS Administrator may file a section 900.65(a), provide that an appeal believes that he or she has not been motion to dismiss or an answer within from an administrative law judge’s allowed sufficient time for a document 30 days after the service of the petition. initial decision must be transmitted to or paper to be received by the Hearing Under the current provisions, there is the Hearing Clerk within 30 days after Clerk may move for an extension of time no way to determine with certainty service of the initial decision. AMS is for filing the document or paper. when the petition is received by the amending this provision to require that Administrator from the Hearing Clerk’s appeal petitions must be filed with the Computation of Time for Filing office. Theoretically, under the current Hearing Clerk within 30 days after AMS is amending section 900.69(e) of provisions, the Administrator can service of the initial decision. This the Rules of Practice Governing receive the petition from the Hearing amendment is necessary because, Proceedings on Petitions To Modify or Clerk’s office after the 30-day period to depending upon the method of To Be Exempted From Marketing Orders file a motion to dismiss or an answer transmission, the date of transmission (7 CFR 900.69(e)); section1200.52(d) of has elapsed. Therefore, in order to may be difficult to discern; whereas the Rules of Practice Governing provide certainty and to ensure that the documents filed with the Hearing Clerk Proceedings on Petitions To Modify or Administrator receives the petition in are stamped with the date and time of To Be Exempted From Research, sufficient time to file a motion to filing. Promotion and Education Programs (7 dismiss or an answer, we are amending Effective Date of Filing CFR 1200.52(d)), by cross-reference to these provisions to provide that a section 900.69(e); section 900.15(d) of motion to dismiss or an answer may be AMS is amending section 900.69(d) of the Rules of Practice and Procedure filed within 30 days after the service of the Rules of Practice Governing Governing Proceedings To Formulate the petition. Proceedings on Petitions To Modify or Marketing Agreements and Marketing To Be Exempted From Marketing Orders Orders (7 CFR 900.15(d)); and section Minor and Non-substantive Changes (7 CFR 900.69(d)); section 1200.52(d) of 1200.17(d) of the Rules of Practice and AMS also is making a number of the Rules of Practice Governing Procedure Governing Proceedings To minor and non-substantive changes. Proceedings on Petitions To Modify or Formulate and Amend an Order (7 CFR Specifically, AMS is: (1) Correcting an To Be Exempted From Research, 1200.17(d)). All of these sections incorrect cross-reference in 7 CFR Promotion and Education Programs (7 provide that Sundays and Federal 900.51(j); (2) making editorial changes CFR 1200.52(d)), by cross-reference to holidays shall be included in computing in 7 CFR 900.2(d), 7 CFR 900.51(d), 7 section 900.69(d); section 900.15(c) of time allowed for filing any document or CFR 900.51(o), 7 CFR 900.52(b), 7 CFR the Rules of Practice and Procedure paper, and that when the time for filing 900.52(c)(2), 7 CFR 900.52a(a), 7 CFR Governing Proceedings To Formulate expires on a Sunday or Federal holiday, 900.62(c), 7 CFR 900.64, 7 CFR 900.68, Marketing Agreements and Marketing the time for filing shall be extended to 7 CFR 900.70(a), 7 CFR 1200.2(e), and Orders (7 CFR 900.15(c)); and section include the next following business day. 7 CFR 1200.51(e) for clarity, to correct 1200.17(c) of the Rules of Practice and AMS is amending these sections to typographical errors, and for uniformity Procedure Governing Proceedings To make it clear that each day, including of style; (3) eliminating gender-specific Formulate and Amend an Order (7 CFR Saturdays, Sundays, and legal public references in 7 CFR 900.2(c), 7 CFR 1200.17(c)). All of these sections holidays, is included in computing time 900.2(e), 7 CFR 900.51(c), 7 CFR provide that any document or paper, allowed for filing any document or 900.51(e), and 7 CFR 900.52(c)(1); (4) except a petition, shall be deemed to paper. Further, because the Hearing eliminating the following provisions have been filed when it is postmarked Clerk’s office is now closed on which have been reserved, 7 CFR or received by the Hearing Clerk. AMS Saturdays, we are amending these 900.2(f), 7 CFR 900.51(f), 7 CFR is amending this provision to provide sections to provide that when the time 900.51(n), and 7 CFR 900.60(e); and (5) that a document or paper will only be for filing a document or paper expires eliminating the definition of the Federal deemed to be filed when it is received on a Saturday, the time allowed for Register in 7 CFR 900.51(g) which is not by the Hearing Clerk. Under the current filing the document or paper shall be used in the Rules of Practice Governing provision, a document or paper which extended to include the following Proceedings or Petitions To Modify or has a timely postmark is timely-filed business day. To Be Exempted From Marketing even if the document or paper is Orders. received by the Hearing Clerk after the Time for Filing a Motion To Dismiss or This rule amends provisions of the time for filing. The use of the postmark Answer rules of practice governing the conduct to determine timeliness causes AMS is amending sections of certain proceedings under Marketing uncertainty. The Hearing Clerk must 900.52(c)(1) (7 CFR 900.52(c)(1)) and Agreements and Orders, and under wait for days after a document or paper 900.52a(a) (7 CFR 900.52a(a)) of the Research, Promotion, and Education is required to be filed before notifying Rules of Practice Governing Proceedings Programs. Therefore, pursuant to section the other parties, the administrative law on Petitions To Modify or To Be 553 of the Administrative Procedure Act judge, or the Judicial Officer that a Exempted From Marketing Orders and (APA), 5 U.S.C. 553, it is exempt from document or paper has not been timely- section 1200.52(c) (7 CFR 1200.52(c)) the APA’s notice and comment
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requirements. In addition, this rule is adding the words ‘‘term judge’’ in their c. Paragraph (e) is revised to read as exempt from the requirements of the place. set forth below. Regulatory Flexibility Act, 5 U.S.C. 601 c. Paragraph (e) is revised to read as d. Paragraph (j) is revised to read as et seq. set forth below. set forth below. d. Paragraph (f) is removed. Executive Orders 12866 and 12988 e. Paragraph (o) is amended by § 900.2 Definitions. removing the word ‘‘rules’’ and adding This rule has been determined to be the word ‘‘rulings’’ in its place. not significant for purposes of Executive * * * * * Order 12866 and, therefore, has not (e) The term Administrator means the § 900.51 Definitions. been reviewed by OMB. Administrator of the Agricultural * * * * * This rule has been reviewed under Marketing Service or any officer or (e) The term Administrator means the Executive Order 12988, Civil Justice employee of the Department to whom Administrator of the Agricultural Reform. This rule is not intended to authority has been delegated or may Marketing Service or any officer or have retroactive effect. This rule will hereafter be delegated to act for the employee of the Department to whom not preempt any State or local laws, Administrator. authority has been delegated or may regulations, or policies, unless they * * * * * hereafter be delegated to act for the present an irreconcilable conflict with 3. In § 900.11, paragraph (b) is revised Administrator. this rule. There are no administrative to read as follows: * * * * * proceedings which must be exhausted before parties may file suit in court § 900.11 Copies of the transcript. (j) The term proceeding means a challenging this rule. proceeding before the Secretary arising * * * * * under section 8c(15)(A) of the Act. Paperwork Reduction Act (b) Transcripts of hearings shall be made available to any person at actual * * * * * This rule contains no information cost of duplication. collection or recordkeeping § 900.52 [Amended] requirements under the Paperwork 4. In § 900.15, paragraphs (c) and (d) 7. Amend § 900.52 as follows: Reduction Act of 1995 (44 U.S.C. 3501 are revised to read as follows: a. Paragraphs (b)(2), (b)(3), and (b)(4) et seq.). § 900.15 Filing; extensions of time; are amended by adding the word ‘‘marketing’’ immediately after the List of Subjects effective date of filing; and computation of time. words ‘‘provisions of the’’. 7 CFR Part 900 * * * * * b. Paragraph (c)(1) is amended by Administrative practice and (c) Effective date of filing. Any removing the word ‘‘he’’ and adding the procedure, Freedom of information, document or paper required or words ‘‘the Administrator’’ in its place; Marketing agreements, Reporting and authorized in this subpart to be filed by removing the words ‘‘the filing’’ and recordkeeping requirements. shall be deemed to be filed at the time adding the words ‘‘the service’’ in their it is received by the Hearing Clerk. place; and by removing the word ‘‘his’’. 7 CFR Part 1200 (d) Computation of time. Each day, c. In paragraph (c)(2), the paragraph Administrative practice and including Saturdays, Sundays, and legal heading is amended by removing the procedure, Blueberries, Cotton, Dairy, public holidays, shall be included in words ‘‘Administrative Law’’ and Eggs, Fluid milk, Honey, Marketing computing the time allowed for filing adding the word ‘‘the’’ in their place. agreements, Mushrooms, Peanuts, any document or paper: Provided, That Popcorn, Pork, Potatoes, Soybeans, when the time for filing a document or § 900.52a [Amended] Watermelons. paper expires on a Saturday, Sunday, or 8. In § 900.52a, paragraph (a) is For the reasons stated in the legal public holiday, the time allowed amended by removing the words ‘‘the preamble, 7 CFR parts 900 and 1200 are for filing the document or paper shall be filing’’ and adding the words ‘‘the amended as follows: extended to include the following service’’ in their place, and by removing business day. the words ‘‘administrative law judge’’ PART 900—GENERAL REGULATIONS and adding the word ‘‘Judge’’ in their Subpart—Rules of Practice Governing place. Subpart—Rules of Practice and Procedures on Petitions To Modify or Procedure Governing Procedures on To Be Exempted From Marketing 9. Amend § 900.60 as follows: Petitions To Formulate Marketing Orders a. Remove paragraph (e). Agreement and Marketing Orders b. Redesignate paragraph (f) as 5. The authority citation for Subpart— paragraph (e) and revise newly 1. The authority citation for Subpart— Rules of Practice Governing Proceedings designated paragraph (e) to read as Rules of Practice and Procedure on Petitions To Modify or To Be follows. Governing Proceedings on Petitions To Exempted From Marketing Orders is § 900.60 Oral hearings before judge. Formulate Marketing Agreements and revised to read as follows: Marketing Orders is revised to read as * * * * * Authority: 7 U.S.C. 608c. follows: (e) Transcript. Transcripts of hearings Authority: 7 U.S.C. 610. 6. Amend § 900.51 as follows: shall be made available to any person at 2. Amend § 900.2 as follows: a. Paragraph (c) is amended by actual cost of duplication. removing the words ‘‘in his stead’’ and a. Paragraph (c) is amended by § 900.62 [Amended] removing the words ‘‘in his stead’’ and adding the words ‘‘for the Secretary’’ in adding the words ‘‘for the Secretary’’ in their place. 10. In § 900.62, paragraph (c), the their place. b. Paragraph (d) is amended by second sentence is amended by b. Paragraph (d) is amended by removing the words ‘‘terms removing the word ‘‘postoffice’’ and removing the words ‘‘terms administrative law judge or’’ and adding adding the words ‘‘post office’’ in its Administrative Law Judge or Judge’’ and the word ‘‘term’’ in their place. place.
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§ 900.64 [Amended] Authority: 7 U.S.C. 2111, 2620, 2713, 4509, hereafter be delegated to act for the 4609, 4814, 4909, 6106, 6306, 6410, 7418, Administrator. 11. Amend § 900.64 as follows: and 7486. a. The section heading is amended by * * * * * 17. Amend § 1200.2 as follows: removing the words ‘‘Administrative § 1200.52 [Amended] Law’’. a. Paragraph (a) is amended by 21. In § 1200.52, paragraph (c) is b. Paragraph heading (c) is amended removing the following references, ‘‘the amended by removing the words ‘‘the by removing the words ‘‘Administrative Floral Research and Consumer filing’’ and adding the words ‘‘the Law’’. Information Act, Pub. L. 97–98, 97th Cong., approved December 22, 1981, 7 service’’ in their place. § 900.65 [Amended] U.S.C. 4301–4319;’’ and ‘‘the Wheat and Dated: March 1, 2002. 12. In § 900.65, paragraph (a), the first Wheat Foods Research and Nutrition A.J. Yates, sentence is amended by removing the Education Act, Pub. L. 95–113, 95th Administrator, Agricultural Marketing words ‘‘by transmitting an appeal Cong., approved September 29, 1977, 7 Service. petition to the hearing clerk’’ and U.S.C. 3401–3417;’’. [FR Doc. 02–5368 Filed 3–8–02; 8:45 am] b. Paragraph (e) is revised to read as adding the words ‘‘by filing an appeal BILLING CODE 3410–02–P petition with the Hearing Clerk’’ in their set forth below. place. § 1200.2 Definitions. DEPARTMENT OF AGRICULTURE § 900.68 [Amended] * * * * * (e) The term Administrator means the Rural Utilities Service 13. Amend § 900.68 as follows: Administrator of the Agricultural a. In § 900.68, the section heading is Marketing Service or any officer or 7 CFR Part 1703 amended by removing the word employee of the Department to whom ‘‘Applications’’ and adding the word authority has been delegated or may RIN 0572–AB70 ‘‘Petitions’’ in its place. hereafter be delegated to act for the Distance Learning and Telemedicine b. In paragraph (a)(1), the first Administrator. Loan and Grant Program sentence is amended by removing the * * * * * words ‘‘An application’’ and adding the AGENCY: 18. In § 1200.12, paragraph (b) is Rural Utilities Service, USDA. words ‘‘A petition’’ in their place. revised to read as follows: ACTION: Notice of confirmation of direct 14. In § 900.69, paragraphs (d) and (e) final rule. are revised to read as follows: § 1200.12 Copies of the transcript. SUMMARY: * * * * * The Rural Utilities Service § 900.69 Filing; service; extensions of (b) Transcripts of hearings shall be (RUS) hereby gives notice that no time; effective date of filing; and adverse comments were received computation of time. made available to any person at actual cost of duplication. regarding the direct final rule amending * * * * * its regulations for the Distance Learning 19. In § 1200.17, paragraphs (c) and (d) Effective date of filing. Any and Telemedicine (DLT) Loan and Grant (d) are revised as follows: document or paper required or Program, and confirms the effective date authorized in this subpart to be filed § 1200.17 Filing, extension of time, of the direct final rule. shall be deemed to be filed at the time effective date of filing, and computation of DATES: The direct final rule published in it is received by the Hearing Clerk. time. the Federal Register on January 23, (e) Computation of time. Each day, * * * * * 2002 (67 FR 3039) is effective March 11, including Saturdays, Sundays, and legal (c) Effective date of filing. Any 2002. public holidays, shall be included in document or paper required or FOR FURTHER INFORMATION CONTACT: computing the time allowed for filing authorized in this subpart to be filed Marilyn J. Morgan, Chief DLT Branch, any document or paper: Provided, That shall be deemed to be filed at the time Advanced Services Division, Rural when the time for filing a document or it is received by the Hearing Clerk. Utilities Service, U.S. Department of paper expires on a Saturday, Sunday, or (d) Computation of time. Each day, Agriculture, 1400 Independence Ave., legal public holiday, the time allowed including Saturdays, Sundays, and legal SW., STOP 1550, Washington, DC for filing the document or paper shall be public holidays, shall be included in 20250–1550. Telephone: 202–720–0413; extended to include the following computing the time allowed for filing e-mail at [email protected]; or, business day. any document or paper: Provided, That Fax: 202–720–1051. when the time for filing a document or SUPPLEMENTARY INFORMATION: § 900.70 [Amended] paper expires on a Saturday, Sunday, or 15. In § 900.70, paragraph (a) is legal public holiday, the time allowed Background amended by removing the word ‘‘or’’ for filing the document or paper shall be RUS is amending 7 CFR part 1703, immediately after the word ‘‘Secretary’’ extended to include the following subparts D, E, F, and G of its regulations and adding the word ‘‘for’’ in its place. business day. for the Distance Learning and * * * * * 20. In § 1200.51, paragraph (e) is Telemedicine (DLT) Loan and Grant revised to read as set forth below. Program. The current regulations PART 1200—RULES OF PRACTICE implement the provisions of the Federal AND PROCEDURE GOVERNING § 1200.51 Definitions. Agriculture Improvement and Reform PROCEEDINGS UNDER RESEARCH, * * * * * Act of 1996 (7 U.S.C. 950aaa et seq.) to PROMOTION, AND EDUCATION (e) The term Administrator means the encourage and improve telemedicine PROGRAMS Administrator of the Agricultural services and distance learning services Marketing Service or any officer or in rural areas. The direct final rule 16. The authority citation for part employee of the Department to whom addresses the amendments affecting the 1200 is revised to read as follows: authority has been delegated or may grant program. These amendments will
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clarify eligibility; change the grant assembly to fail, which could result in —The initial compliance time should be minimum matching contribution; clarify loss of control of the airplane. changed from 100 hours time-in- that only loan funds will be used to DATES: This AD becomes effective on service (TIS) to 50 hours TIS. finance transmission facilities; modify April 22, 2002. financial information requirements; What Is the Potential Impact if FAA The Director of the Federal Register Took No Action? adjust the leveraging of resources approved the incorporation by reference scoring criterion; revise financial of certain publications listed in the This condition, if not detected and information to be submitted; and make regulations as of April 22, 2002. corrected, could cause the engine mount other minor changes and corrections. ADDRESSES: You may get the service assembly to fail. Such failure could Confirmation of Effective Date information referenced in this AD from result in loss of control of the airplane. This is to confirm the effective date of SOCATA Groupe AEROSPATIALE, Has FAA Taken Any Action to This March 11, 2002, for the direct final rule, Customer Support, Aerodrome Tarbes- Point? 7 CFR part 1703, Distance Learning and Ossun-Lourdes, BP 930—F65009 Tarbes Telemedicine Loan and Grant Program, Cedex, France; telephone: 011 33 5 62 We issued a proposal to amend part published in the Federal Register on 41 73 00; facsimile: 011 33 5 62 41 76 39 of the Federal Aviation Regulations January 23, 2002. 54; or the Product Support Manager, (14 CFR part 39) to include an AD that SOCATA—Groupe AEROSPATIALE, Dated: March 4, 2002. would apply to all Socata Models MS North Perry Airport, 7501 Pembroke 892A–150, MS 892E–150, MS 893A, MS Hilda Gay Legg, Road, Pembroke Pines, Florida 33023; 893E, MS 894A, MS 894E, Rallye 150T, Administrator, Rural Utilities Service. telephone: (954) 893–1400; facsimile: and Rallye 150ST airplanes. This [FR Doc. 02–5733 Filed 3–8–02; 8:45 am] (954) 964–4191. You may view this proposal was published in the Federal BILLING CODE 3415–15–P information at the Federal Aviation Register as a notice of proposed Administration (FAA), Central Region, rulemaking (NPRM) on December 17, Office of the Regional Counsel, 2001 (66 FR 64928). The NPRM DEPARTMENT OF TRANSPORTATION Attention: Rules Docket No. 2001–CE– proposed to supersede AD 77–15–06 41–AD, 901 Locust, Room 506, Kansas with a new AD that would require you Federal Aviation Administration City, Missouri 64106; or at the Office of to: the Federal Register, 800 North Capitol 14 CFR Part 39 Street, NW, suite 700, Washington, DC. —Repetitively inspect any engine mount assembly that is not part [Docket No. 2001–CE–41–AD; Amendment FOR FURTHER INFORMATION CONTACT: Karl number 892–51–0–035–0 (or FAA- 39–12672; AD 2002–05–04] Schletzbaum, Aerospace Engineer, FAA, approved equivalent part number) for Small Airplane Directorate, 901 Locust, RIN 2120–AA64 cracks; Room 301, Kansas City, Missouri 64106; Airworthiness Directives; SOCATA— telephone: (816) 329–4146; facsimile: —Repair cracks that do not exceed a Groupe AEROSPATIALE Models MS (816) 329–4090. certain length; and 892A–150, MS 892E–150, MS 893A, MS SUPPLEMENTARY INFORMATION: —Replace the engine mount when the 893E, MS 894A, MS 894E, Rallye 150T, cracks exceed a certain length and and Rallye 150ST Airplanes Discussion cracks are found on an engine mount AGENCY: Federal Aviation Has FAA Taken Any Action to This that already has two repairs. Point? Administration, DOT. Was the Public Invited To Comment? ACTION: Final rule. Fatigue cracks found on the engine mount assemblies of Socata Models MS The FAA encouraged interested SUMMARY: This amendment supersedes 892A–150, MS 892E–150, MS 893A, MS persons to participate in the making of Airworthiness Directive (AD) 77–15–06, 893E, Rallye 150T, and Rallye 150ST this amendment. We did not receive any which applies to all SOCATA—Groupe airplanes caused us to issue AD 77–15– comments on the proposed rule or on AEROSPATIALE (Socata) Models MS 06, Amendment 39–2975. AD 77–15–06 our determination of the cost to the 892A–150, MS 892E–150, MS 893A, MS currently requires the following: public. 893E, Rallye 150T, and Rallye 150ST airplanes. AD 77–15–06 currently —Inspecting the engine mount assembly FAA’s Determination requires you to repetitively inspect the for cracks at repetitive intervals; —Repairing any cracks found; and What Is FAA’s Final Determination on engine mount assembly for cracks, This Issue? repair any cracks found, and modify the —Modifying the brackets on airplanes brackets on airplanes with right angle with right angle engine mounts. After careful review of all available engine mounts. This AD is the result of What Has Happened Since AD 77–15– information related to the subject the French airworthiness authority’s 06 To Initiate This Action? presented above, we have determined determination that updated service that air safety and the public interest ´ ´ information and additional aircraft The Direction Generale de l’Aviation require the adoption of the rule as should be added to the applicability of Civile (DGAC), which is the proposed except for minor editorial AD 77–15–06. This AD retains the airworthiness authority for France, corrections. We have determined that inspection and repair requirements of recently notified FAA of the need to these minor corrections: the current AD and adds the change AD 77–15–06. The DGAC information communicated by the reports that: —Provide the intent that was proposed French airworthiness authority. The —The manufacturer has issued new in the NPRM for correcting the unsafe actions specified by this AD are service information to address the condition; and intended to detect and correct cracks in unsafe condition; —Do not add any additional burden the engine mount assembly. Such a —Additional airplane models should be upon the public than was already condition could cause the engine mount added to the applicability; and proposed in the NPRM.
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Cost Impact What Is the Cost Impact of This AD on Owners/Operators of the Affected How Many Airplanes Does This AD Impact? Airplanes? We estimate that this AD affects 81 We estimate the following costs to airplanes in the U.S. registry. accomplish each inspection:
Total cost per Total cost on U.S. oper- Labor cost Parts cost airplane ators
1 workhour × $60 = $60 ...... No parts required ...... $60 $60 × 81 = $4,860
We estimate the following costs to accomplish any necessary repairs that will be required based on the results of each inspection. We have no way of determining the number of airplanes that may need such repair:
Total cost per Labor cost Parts cost airplane
3 workhours × $60 = $180 ...... No parts required ...... $180
We estimate the following costs to accomplish any necessary replacements that will be required based on the results of each inspection. We have no way of determining the number of airplanes that may need such replacement:
Labor cost Parts cost Total cost per airplane
9 workhours × $60 = $540 ...... $3,500 ...... $540 + $3,500 = $4,040
Regulatory Impact List of Subjects in 14 CFR Part 39 certificated in any category and do not have a part number 892–51–0–035–0 engine Does This AD Impact Various Entities? Air transportation, Aircraft, Aviation mount assembly (or FAA-approved safety, Incorporation by reference, The regulations adopted herein will equivalent part number) installed: Safety. not have a substantial direct effect on the States, on the relationship between Adoption of the Amendment Model Serial No. the national government and the States, Accordingly, under the authority MS 892A–150 .... All serial numbers. or on the distribution of power and delegated to me by the Administrator, MS 892E–150 .... All serial numbers. responsibilities among the various the Federal Aviation Administration MS 893A ...... All serial numbers. levels of government. Therefore, it is amends part 39 of the Federal Aviation MS 893E ...... All serial numbers. determined that this final rule does not Regulations (14 CFR part 39) as follows: MS 894A ...... 1005 through 2204 have federalism implications under equipped with kit Executive Order 13132. PART 39—AIRWORTHINESS OPT8098 9037. DIRECTIVES MS 894E ...... 1005 through 2204 Does This AD Involve a Significant Rule equipped with kit or Regulatory Action? 1. The authority citation for part 39 OPT8098 9037. For the reasons discussed above, I continues to read as follows: Rallye 150T ...... All serial numbers. certify that this action (1) is not a Rallye 150ST ...... All serial numbers. Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a § 39.13 [Amended] (b) Who must comply with this AD? ‘‘significant rule’’ under DOT Anyone who wishes to operate any of the 2. FAA amends § 39.13 by removing Regulatory Policies and Procedures (44 airplanes identified in paragraph (a) of this Airworthiness Directive (AD) 77–15–06, AD must comply with this AD. FR 11034, February 26, 1979); and (3) Amendment 39–2975, and by adding a (c) What problem does this AD address? will not have a significant economic new AD to read as follows: The actions specified by this AD are intended impact, positive or negative, on a to detect and correct cracks in the engine 2002–05–04 SOCATA—Groupe substantial number of small entities mount assembly. Such a condition could AEROSPATIALE: Amendment 39– under the criteria of the Regulatory cause the engine mount assembly to fail, 12672; Docket No. 2001–CE–41–AD; Flexibility Act. A copy of the final which could result in loss of control of the evaluation prepared for this action is Supersedes AD 77–15–06, Amendment 39–2975. airplane. contained in the Rules Docket. A copy (a) What airplanes are affected by this AD? (d) What actions must I accomplish to of it may be obtained by contacting the This AD affects the following airplane address this problem? To address this Rules Docket at the location provided models and serial numbers that are problem, you must accomplish the following: under the caption ADDRESSES.
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Actions Compliance Procedures
(1) Inspect the engine mount assembly for For airplanes previously affected by AD 77– In accordance with the Accomplishment In- cracks. 15–06: inspect within the next 50 hours structions section of Socata Service Bulletin time-in-service (TIS) after the last inspection SB 156–71, dated May 2001. required by AD 77–15–06 or within the next 50 hours TIS after April 22, 2002 (the effec- tive date of this AD), whichever occurs first, and thereafter at intervals not to exceed 50 hours TIS. For all other airplanes: inspect within the next 50 hours TIS after April 22, 2002 (the effective date of this AD) and thereafter at intervals not to exceed 50 hours TIS.
(2) If any crack is found during any inspection Prior to further flight after the inspection in In accordance with the Accomplishment In- required by this AD that is less than 0.24 which the crack is found. structions section of Socata Service Bulletin inches (6 mm) in length, repair the engine SB 156–71, dated May 2001. mounts assembly. If two repairs on the en- gine mount have already been performed, re- place in accordance with paragraph (d)(3) of this AD.
(3) If any crack is found during any inspection Prior to further flight after the inspection in In accordance with the applicable mainte- required by this AD that is 0.24 inches (6 which the crack is found. Repetitive inspec- nance manual. mm) or longer in length or if any crack is tions are no longer required after this re- found and two repairs on the engine mount placement. have already been performed, replace the engine mount assembly with part number 892–51–0–035–0 (or FAA-approved equiva- lent part number). (4) You may terminate the repetitive inspec- At any time but it must be done prior to fur- In accordance with the applicable mainte- tions of this AD after installing engine mount ther flight if any of the criteria of paragraph nance manual. assembly, part number 892–51–0–035–0 (or (d)(3) are met. FAA-approved equivalent part number).
(e) Can I comply with this AD in any other City, Missouri 64106; telephone: (816) 329– (j) When does this amendment become way? 4146; facsimile: (816) 329–4090. effective? This amendment becomes effective (1) You may use an alternative method of (g) What if I need to fly the airplane to on April 22, 2002. compliance or adjust the compliance time if: another location to comply with this AD? The Issued in Kansas City, Missouri, on March (i) Your alternative method of compliance FAA can issue a special flight permit under 1, 2002. provides an equivalent level of safety; and sections 21.197 and 21.199 of the Federal Michael Gallagher, (ii) The Manager, Small Airplane Aviation Regulations (14 CFR 21.197 and Directorate, approves your alternative. Manager, Small Airplane Directorate, Aircraft 21.199) to operate your airplane to a location Submit your request through an FAA Certification Service. where you can accomplish the requirements Principal Maintenance Inspector, who may [FR Doc. 02–5526 Filed 3–8–02; 8:45 am] add comments and then send it to the of this AD. BILLING CODE 4910–13–P Manager, Small Airplane Directorate. (h) Are any service bulletins incorporated (2) Alternative methods of compliance into this AD by reference? Actions required approved in accordance with AD 77–15–06, by this AD must be done in accordance with which is superseded by this AD, are not Socata Service Bulletin SB 156–71, dated DEPARTMENT OF TRANSPORTATION approved as alternative methods of May 2001. The Director of the Federal compliance with this AD. Register approved this incorporation by 14 CFR Part 71 Note 1: This AD applies to each airplane reference under 5 U.S.C. 552(a) and 1 CFR identified in paragraph (a) of this AD, part 51. You can get copies from SOCATA [Airspace Docket No. 00–AGL–29] regardless of whether it has been modified, Groupe AEROSPATIALE, Customer Support, altered, or repaired in the area subject to the Aerodrome Tarbes-Ossun-Lourdes, BP 930— Modification of Class E Airspace; requirements of this AD. For airplanes that F65009 Tarbes Cedex, France; or the Product Hillsboro, ND; Correction have been modified, altered, or repaired so Support Manager, SOCATA Groupe that the performance of the requirements of AEROSPATIALE, North Perry Airport, 7501 AGENCY: Federal Aviation this AD is affected, the owner/operator must Pembroke Road, Pembroke Pines, Florida Administration (FAA), DOT. request approval for an alternative method of 33023. You can look at copies at the FAA, compliance in accordance with paragraph (e) ACTION: Final rule; correction. Central Region, Office of the Regional of this AD. The request should include an Counsel, 901 Locust, Room 506, Kansas City, assessment of the effect of the modification, SUMMARY: This action corrects an error alteration, or repair on the unsafe condition Missouri, or at the Office of the Federal in the heading of a final rule that was addressed by this AD; and, if you have not Register, 800 North Capitol Street, NW., suite published in the Federal Register on 700, Washington, DC. eliminated the unsafe condition, specific Friday, January 4, 2002 (67 FR 515), (i) Does this AD action affect any existing actions you propose to address it. Airspace Docket No. 00–AGL–29. The (f) Where can I get information about any AD actions? This amendment supersedes AD 77–15–06, Amendment 39–2975. final rule modified Class E Airspace at already-approved alternative methods of Hillsboro, ND. compliance? Contact Karl Schletzbaum, Note 2: The subject of this AD is addressed Aerospace Engineer, FAA, Small Airplane in French AD 2001–400(A), dated September EFFECTIVE DATE: 0901 UTC, February 21, Directorate, 901 Locust, Room 301, Kansas 19, 2001. 2002.
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FOR FURTHER INFORMATION CONTACT: History Regional Airport, OH, was published. Denis C. Burke, Air Traffic Division, Federal Register document 02–257, This action corrects that error. Airspace Branch, AGL–520, Federal Airspace docket No. 00–AGL–28, Correction to Final Rule Aviation Administration, 2300 East published on January 4, 2002 (67 FR Accordingly, pursuant to the Devon Avenue, Des Plaines, IL 60018, 516), established Class E Airspace at authority delegated to me, the SUMMARY telephone: (847) 294–7477. Stanley, ND. The following error was for the Class E airspace, Youngstown- SUPPLEMENTARY INFORMATION: contained in the preamble under the Warren Regional Airport, OH, as caption ‘‘The Rule’’: The city of History published in the Federal Register Kenmare was referred to instead of January 4, 2002 (67 FR 517), (FR Doc. Federal Register document 02-256, Stanley. This action corrects this error. Airspace Docket No. 00–AGL–29, 02–258), is corrected as follows: Accordingly, pursuant to the On page 517, column 1, second published on January 4, 2002 (67 FR authority delegated to me, the error for 515), modified Class E Airspace at sentence of the SUMMARY, remove the the Class E airspace, Stanley, ND, as words ‘‘to Runway 26’’. Hillsboro, ND. An error in the heading published in the Federal Register for the Class E airspace for Hillsboro, January 4, 2002 (67 FR 516), (FR Doc. Issued in Des Plaines, Illinois on January ND, was published. The word proposed 02–257), is corrected as follows: 25, 2002. should not have been used. This action On page 516, column 2, under the Nancy B. Shelton, corrects that error. caption ‘‘The Rule’’, first sentence, Manager, Air Traffic Division, Great Lakes Correction to Final Rule correct ‘‘Kenmare’’ to read ‘‘Stanley’’. Region. [FR Doc. 02–5116 Filed 3–8–02; 8:45 am] Accordingly, pursuant to the Issued in Des Plaines, Illinois on February BILLING CODE 4910–13–M authority delegated to me, the heading 6, 2002. for the Class E airspace, Hillsboro, ND, Nancy B. Shelton, as published in the Federal Register Manager, Air Traffic Division, Great Lakes DEPARTMENT OF TRANSPORTATION January 4, 2002 (67 FR 515), (FR Doc. Region. 02–256), is corrected as follows: On [FR Doc. 02–5117 Filed 3–8–02; 8:45 am] Federal Aviation Administration page 515, column 2, in the heading, line BILLING CODE 4910–13–M 5, remove the word ‘‘Proposed’’. 14 CFR Part 71 Issued in Des Plaines, Illinois on February [Airspace Docket No. 01–AAL–1] 6, 2002. DEPARTMENT OF TRANSPORTATION Nancy B. Shelton, 14 CFR Part 71 Revocation of Class E Airspace; Umiat, Manager, Air Traffic Division, Great Lakes AK Region. [Airspace Docket No. 00–AGL–24] AGENCY: Federal Aviation [FR Doc. 02–5118 Filed 3–8–02; 8:45 am] Modification of Class E Airspace; Administration (FAA), DOT. BILLING CODE 4910–13–M Youngstown-Warren Regional Airport, ACTION: Final rule. OH; Correction SUMMARY: This action revokes Class E DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation airspace at Umiat, AK. This action is Federal Aviation Administration Administration (FAA), DOT. necessary because the Umiat airport no ACTION: Final rule; correction. longer meets the requirements for Class 14 CFR Part 71 E airspace to protect Instrument Flight SUMMARY: This action corrects an error Rules (IFR) operations at Umiat, AK. [Airspace Docket No. 00–AGL–28] in the SUMMARY of a Final Rule that was This rule results in the removal of published in the Federal Register on controlled airspace at Umiat, AK. Establishment of Class E Airspace; Friday, January 4, 2002 (67 FR 517), EFFECTIVE DATE: Stanley, ND; Correction 0901 UTC, June 13, Airspace Docket No. 00–AGL–24. The 2002. Final Rule modified Class E Airspace at AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. Youngstown-Warren Regional Airport, OH. Derril D. Bergt, AAL–538, Federal ACTION: Final rule; correction. Aviation Administration, 222 West 7th EFFECTIVE DATE: 0901 UTC, February 21, Avenue, Box 14, Anchorage, AK 99513– SUMMARY: This action corrects an error 2002. 7587; telephone number (907) 271– in the preamble under the caption ‘‘The FOR FURTHER INFORMATION CONTACT: 2796; fax: (907) 271–2850; e-mail: Rule’’ of a Final Rule that was published Denis C. Burke, Air Traffic Division, [email protected]. Internet in the Federal Register on Friday, Airspace Branch, AGL–520, Federal address: http://www.alaska.faa.gov/at or January 4, 2002 (67 FR 516), Airspace Aviation Administration, 2300 East at address http://162.58.28.41/at. Docket No. 00–AGL–28. The Final rule Devon Avenue, Des Plaines, IL 60018, SUPPLEMENTARY INFORMATION: established Class E Airspace at Stanley, telephone: (847) 294–7477. ND. History SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: 0901 UTC February 21, On November 7, 2001, a proposal to 2002. History amend part 71 of the Federal Aviation FOR FURTHER INFORMATION CONTACT: Federal Register document 02–258, Regulations (14 CFR part 71) to revoke Denis C. Burke, Air Traffic Division, Airspace Docket No. 00–AGL–24, the Class E airspace at Umiat, AK, was Airspace Branch, AGL–520, Federal published on January 4, 2002 (67 FR published in the Federal Register (66 Aviation Administration, 2300 East 517), modified class E Airspace at FR 56257). The Umiat airport does not Devon Avenue, Des Plaines, Illinois Youngstown-Warren Regional Airport, have a standard instrument approach 60018, telephone (847) 294–7568. OH. An error in the SUMMARY for the procedure, it is unattended, and does SUPPLEMENTARY INFORMATION: Class E airspace for Youngstown-Warren not meet the requirements to be used as
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an IFR alternate. The Colored Federal Adoption of the Amendment airspace for Zanesville, OH, in order to Airway Amber 4 (A–4) was realigned include the point in space approach and Colored Federal Airway Amber 6 In consideration of the foregoing, the serving Bethesda Hospital. Federal Aviation Administration (A–6) was revoked on December 3, 1998 EFFECTIVE DATE: Effective 0901 UTC, amends 14 CFR part 71 as follows: (63 FR 53279, 5 Oct 1998, Airspace August 8, 2002. Comments must be Docket 98–AAL–6) in conjunction with PART 71—DESIGNATION OF CLASS A, received on or before April 22, 2002. the removal of the Umiat Nondirectional CLASS B, CLASS C, CLASS D, AND ADDRESSES: Send comments on the rule Radio Beacon (NDB). The Umiat NDB CLASS E AIRSPACE AREAS; in triplicate to: Federal Aviation was decommissioned in October 1999 AIRWAYS; ROUTES; AND REPORTING Administration, Office of the Regional resulting in the loss of the instrument POINTS Counsel, AGL–7, Rules Docket No. 01– approach procedure. With the AGL–21, 2300 East Devon Avenue, Des subsequent cancellation of the A–Paid 1. The authority citation for 14 CFR Plaines, Illinois 60018. The official weather observer contract, there are now part 71 continues to read as follows: docket may be examined in the Office no aviation weather sources at Umiat, Authority: 49 U.S.C. 106(g), 40103, 40113, of the Regional Counsel, Federal AK. Futhermore, the Umiat airport is 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, 2300 East not included in the National Plan of 1963 Comp., p. 389. Devon Avenue, Des Plaines, Illinois. An Integrated Airport Systems. Thus, the informal docket may also be examined Umiat airport does not qualify for Class § 71.1 [Amended] during normal business hours at the Air E airspace. This rule revokes the Class 2. The incorporation by reference in Traffic Division, Airspace Branch, E controlled airspace intended for IFR 14 CFR 71.1 of Federal Aviation Federal Aviation Administration, 2300 operations at Umiat, AK. Administration Order 7400.9J, Airspace East Devon Avenue, Des Plaines, Interested parties were invited to Designations and Reporting Points, Illinois. participate in this rulemaking dated August 31, 2001, and effective proceeding by submitting written FOR FURTHER INFORMATION CONTACT: September 16, 2001, is amended as Denis C. Burke, Airspace Branch, AGL– comments on the proposal to the FAA. follows: No public comments have been 520, Air Traffic Division, Federal received, thus, the rule is adopted as * * * * * Aviation Administration, 2300 East written. Paragraph 6005 Class E airspace extending Devon Avenue, Des Plaines, Illinois The area will be depicted on upward from 700 feet or more above the 60018, telephone (847) 294–7568. aeronautical charts for pilot reference. surface of the earth. SUPPLEMENTARY INFORMATION: This The coordinates for this airspace docket * * * * * amendment to 14 CFR part 71 modifies are based on North American Datum 83. Class E airspace at Zanesville, Ohio, to The Class E airspace areas extending AAL AK E5 Umiat, AK [REVOKED] accommodate aircraft executing the upward from 700 feet or more above the * * * * * proposed GPS SIAP 160° helicopter surface of the earth are published in Issued in Anchorage, AK, on February 21, point in space approach for Bethesda paragraph 6005 of FAA Order 7400.9J, 2002. Hospital by modifying existing Airspace Designations and Reporting Stephen P. Creamer, controlled airspace. The area will be Points, dated August 31, 2001, and Assistant Manager, Air Traffic Division, depicted on appropriate aeronautical effective September 16, 2001, which is Alaskan Region. charts. Class E airspace designations are incorporated by reference in 14 CFR [FR Doc. 02–5114 Filed 3–8–02; 8:45 am] published in Paragraph 6005 of FAA 71.1. The Class E airspace designation BILLING CODE 4910–13–U Order 7400.9J, dated August 31, 2002, listed in this document will be revoked and effective September 16, 2001, which and revised subsequently in the Order. is incorporated by reference in 14 CFR The FAA has determined that this DEPARTMENT OF TRANSPORTATION Sec. 71.1. The Class E airspace proposed regulation only involves an designation listed in this document will established body of technical Federal Aviation Administration be published subsequently in the order. regulations for which frequent and The Direct Final Rule Procedure routine amendments are necessary to 14 CFR Part 71 keep them operationally current. It, The FAA anticipates that this [Airspace Docket No. 01–AGL–21] therefore—(1) is not a ‘‘significant regulation will not result in adverse or regulatory action’’ under Executive Modification of Class E Airspace; negative comment and therefore is Order 12866; (2) is not a ‘‘significant Zanesville, OH issuing it as a direct final rule. A rule’’ under DOT Regulatory Policies substantial number of previous and Procedures (44 FR 11034; February AGENCY: Federal Aviation opportunities provided to the public to 26, 1979); and (3) does not warrant Administration (FAA), DOT. comment on substantially identical preparation of a regulatory evaluation as ACTION: Direct final rule; request for actions have resulted in negligible the anticipated impact is so minimal. comments. adverse comments or objections. Unless Since this is a routine matter that will a written adverse or negative comment, only affect air traffic procedures and air SUMMARY: This document modifies Class or a written notice of intent to submit navigation, it is certified that this rule, E airspace at Zanesville, OH. A Global an adverse or negative comment is when promulgated, will not have a Positioning System (GPS) Standard received within the comment period, significant economic impact on a Instrument Approach Procedure (SIAP) the regulation will become effective on substantial number of small entities 160° helicopter point in space approach, the date specified above. After the close under the criteria of the Regulatory has been developed for Bethesda of the comment period, the FAA will Flexibility Act. Hospital, Zanesville, OH. Controlled publish a document in the Federal airspace extending upward from 700 Register indicating that no adverse or List of Subjects in 14 CFR Part 71 feet above the surface is needed to negative comments were received and Airspace, Incorporation by reference, contain aircraft executing the approach. confirming the date on which the final Navigation (air). This action modifies existing controlled rule will become effective. If the FAA
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does receive, within the comment Further, the FAA has determined that That airspace extending upward from 700 period, an adverse or negative comment, this regulation is noncontroversial and feet above the surface within a 6.5-mile or written notice of intent to submit unlikely to result in adverse or negative radius of Zanesville Municipal Airport and within 7 miles east and 4.4 miles west of the such a comment, a document will be comments and only involves an ° published in the Federal Register. This Zanesville VOR/DME 220 radiul extending established body of technical from the VOR/DME to 10.5 miles southwest document may withdraw the direct final regulations that require frequent and of the VOR/DME, and within 2.4 miles either rule in whole or in part. routine amendments to keep them side of the Zanesville VOR/DME 028° radius After considering the adverse or operationally current. Therefore, I extending from the 6.5-mile radius to 7 miles negative comment, we may publish certify that this regulation (1) is not a northwest of the VOR/DME, and within a 6- another direct final rule or publish a ‘‘significant regulatory action’’ under mile radius of the Point in Space serving notice of proposed rulemaking with a Executive Order 12866; (2) is not a Bethesda Hospital. new comment period. ‘‘significant rele’’ under DOT Regulatory * * * * * Comments Invited Policies and Procedures (44 FR 11034; Issued in Des Plaines, Illinois on December February 26, 1979); and (3) if 27, 2001. Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a Nancy B. Shelton, economic impact, positive or negative, Manager, Air Traffic Division, Great Lakes notice of proposed rulemaking, on a substantial number of small entities comments are invited on this rule. Region. under the criteria of the Regulatory [FR Doc. 02–5633 Filed 3–8–02; 8:45 am] Interested persons are invited to Flexibility Act. Since this rule involves BILLING CODE 4910–13–M comment on this rule by submitting matters that will only affect air traffic such written data, views, or arguments, procedures and air navigation, it does as they may desire. Communications not warrant preparation of a Regulatory DEPARTMENT OF TRANSPORTATION should identify the Rules Docket Flexibility Analysis because the number and be submitted in triplicate to anticipated impact is so minimal. Federal Aviation Administration the address specified under the caption ADDRESSES. All communications List of Subjects in 14 CFR Part 71 14 CFR Part 71 received on or before the closing date Airspace, Incorporation by reference, for comments will be considered, and Navigation (air). [Airspace Docket No. 01–AGL–19] this rule may be amended or withdrawn in light of the comments received. Adoption of the Amendment Modification of Class E Airspace; Factual information that supports the Ashland, OH commenter’s ideas and suggestions is Accordingly, pursuant to the authority delegated to me, the Federal AGENCY: Federal Aviation extremely helpful in evaluating the Administration (FAA), DOT. effectiveness of this action and Aviation Administration amends 14 ACTION: determining whether additional CFR Part 71 as follows: Direct final rule; request for comments. rulemaking action is needed. PART 71—DESIGNATION OF CLASS A, Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND SUMMARY: This document modifies Class the overall regulatory, economic, CLASS E AIRSPACE AREAS; E airspace at Ashland, OH A Global environmental, and energy aspects of AIRWAYS; ROUTES; AND REPORTING Positioning System (GPS) Standard the rule that might suggest a need to POINTS Instrument Approach Procedure (SIAP), modify the rule. All comments 022° helicopter point in space approach, submitted will be available, both before 1. The authority citation for 14 CFR has been developed for Samaritian and after the closing date for comments, Part 71 continues to read as follows: Regional Health System, Ashland, OH. in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40102, 40113, Controlled airspace extending upward interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– from 700 feet above the surface is summarizes each FAA-public contact 1963 Comp., p. 389. needed to contain aircraft executing the concerned with the substance of this approach. This action modifies existing § 71.1 [Amended] action will be filed in the Rules Docket. controlled airspace for Ashland, OH, in Commenters wishing the FAA to 2. The incorporation by reference in order to include the point in space acknowledge receipt of their comments 14 CFR 71.1 of the Federal Aviation approach serving Samaritian Regional submitted in response to this rule must Administration Order 7400.9J, Airspace Health System. submit a self-addressed, stamped Designations and Reporting Points, DATES: 0901 UTC, August 08, 2002. postcard on which the following dated August 31, 2001, and effective statement is made: ‘‘Comments to Comments must be received on or September 16, 2001, is amended as before April 22, 2002. Docket No. 01–AGL–21.’’ The postcard follows: ADDRESSES: Send comments on the rule will be date stamped and returned to the * * * * * commenter. in triplicate to: Federal Aviation Paragraph 6005 Class E airspace areas Administration, Office of the Regional Agency Findings extending upward from 700 feet or more Counsel, AGL–7, Rules Docket No. 01– The regulations adopted herein will above the surface of the earth. AGL–19, 2300 East Devon Avenue, Des not have substantial direct effects on the * * * * * Plaines, Illinois 60018. States, on the relationship between the AGL OH E5 Zanesville, OH [Revised] The official docket may be examined national government and the States, or in the Office of the Regional Counsel, on the distribution of power and Zanesville, Zanesville Municipal Airport, OH Federal Aviation Administration, 2300 (Lat. 39°56′40″N., long 81°53′31″W.) responsibilities among the various Zanesville VOR/DME East Devon Avenue, Des Plaines, levels of government. Therefore, it is (Lat. 39°56′27″N., long. 81°53′33″W.) Illinois. An informal docket may also be determined that this final rule will not Zanesville, Bethesda Hospital, OH examined during normal business hours have federalism implications under Point in Space Coordinances at the Air Traffic Division, Airspace Executive Order 13132. (Lat. 39°59′5″N., long. 82°1′30″W.) Branch, Federal Aviation
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Administration, 2300 East Devon comment on this rule by submitting routine matters that will only affect air Avenue, Des Plaines, Illinois. such written data, views, or arguments, traffic procedures and air navigation, it FOR FURTHER INFORMATION CONTACT: as they may desire. Communications does not warrant preparation of a Denis C. Burke, Airspace Branch, AGL– should identify the Rules Docket Regulatory Flexibility Analysis because 520, Air Traffic Division, Federal number and be submitted in triplicate to the anticipated impact is so minimal. the address specified under the caption Aviation Administration, 2300 East List of Subjects in 14 CFR Part 71 Devon Avenue, Des Plaines, Illinois ADDRESSES. All communications 60018, telephone (847) 294–7568. received on or before the closing date Airspace, Incorporation by reference, for comments will be considered, and SUPPLEMENTARY INFORMATION: This Navigation (air). this rule may be amended or withdrawn amendment to 14 CFR part 71 modifies in light of the comments received. Adoption of the Amendment class E airspace at Ashland, Ohio, to Factual information that supports the accommodate aircraft executing the commenter’s ideas and suggestions is Accordingly, pursuant to the proposed GPS SIAP 022° helicopter extremely helpful in evaluating the authority delegated to me, the Federal point in space approach for Samaritian effectiveness of this action and Aviation Administration amends 14 Regional Health System by modifying determining whether additional CFR part 71 as follows: existing controlled airspace. The area rulemaking action is needed. will be depicted on appropriate Comments are specifically invited on PART 71—DESIGNATION OF CLASS A, aeronautical charts. Class E airspace the overall regulatory, economic, CLASS B, CLASS C, CLASS D, AND designations are published in Paragraph environmental, and energy aspects of CLASS E AIRSPACE AREAS; 6005 of FAA Order 7400.9J, dated the rule that might suggest a need to AIRWAYS; ROUTES; AND REPORTING August 31, 2001, and effective modify the rule. All comments POINTS September 16, 2001, which is submitted will be available, both before incorporated by reference in 14 CFR and after the closing date for comments, 1. The authority citation for 14 CFR Sec. 71.1. The Class E airspace in the Rules Docket for examination by part 71 continues to read as follows: designation listed in this document will interested persons. A report that Authority: 49 U.S.C. 106(g), 40103, 40113, be published subsequently in the order. summarizes each FAA-public contact 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– The Direct Final Rule Procedure concerned with the substance of this 1963 Comp., p. 389. action will be filed in the Rules Docket. § 71.1 [Amended] The FAA anticipates that this Commenters wishing the FAA to regulation will not result in adverse or acknowledge receipt of their comments 2. The incorporation by reference in negative comment and therefore is submitted in response to this rule must issuing it as a direct final rule. A 14 CFR 71.1 of the Federal Aviation submit a self-addressed, stamped Administration Order 7400.9J, Airspace substantial number of previous postcard on which the following opportunities provided to the public to Designations and Reporting Points, statement is made: ‘‘Comments to dated August 31, 2001, and effective comment on substantially identical Docket No. 01–AGL–19.’’ The postcard actions have resulted in negligible September 16, 2001, is amended as will be date stamped and returned to the follows: adverse comments or objections. Unless commenter. a written adverse or negative comment, * * * * * Agency Findings or a written notice of intent to submit Paragraph 6005 Class E airspace areas an adverse or negative comment is The regulations adopted herein will extending upward from 700 feet or more received within the comment period, not have substantial direct effects on the above the surface of the earth. the regulation will become effective on States, on the relationship between the * * * * * the date specified above. After the close national government and the States, or of the comment period, the FAA will on the distribution of power and AGL OH E5 Ashland, OH [Revised] publish a document in the Federal responsibilities among the various Ashland, Ashland County Airport, OH ° ′ ″ ° ′ ″ Register indicating that no adverse or levels of government. Therefore, it is (Lat. 40 54 11 N., long. 82 15 21 W.) negative comments were received and determined that this final rule will not Ashland, Samaritian Regional Health System, OH confirming the date on which the final have federalism implications under Point in Space Coordinates rule will become effective. If the FAA Executive Order 13132. (Lat. 40°50′58’’N., long. 82°18’52’’W.) does receive, within the comment Further, the FAA has determined that That airspace extending upward from 700 period, an adverse or negative comment, this regulation is noncontroversial and feet above the surface within a 6.3-mile or written notice of intent to submit unlikely to result in adverse or negative radius of the Ashland County Airport and such a comment, a document will be comments and only involves an within 2.6 miles either side of the 002° published in the Federal Register. This established body of technical bearing from the Airport extending from the document may withdraw the direct final regulations that require frequent and 6.3-mile radius to 10.4 miles north of the rule in whole or in part. routine amendments to keep them airport, and within a 6-mile radius of the operationally current. Therefore, I Point in Space serving Samaritian Regional After considering the adverse or Health System, excluding that airspace negative comment, we may publish certify that this regulation (1) is not a which lies within the Mansfield, OH, Class another direct final rule or publish a ‘‘significant regulatory action’’ under E airspace area. Executive Order 12866; (2) is not a notice of proposed rulemaking with a * * * * * new comment period. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Issued in Des Plaines, Illinois on December Comments Invited FR 11034; February 26, 1979); and (3) if 27, 2001. Although this action is in the form of promulgated, will not have a significant Nancy B. Shelton, a final rule and was not preceded by a economic impact, positive or negative, Manager, Air Traffic Division, Great Lakes notice of proposed rulemaking, on a substantial number of small entities Region. comments are invited on this rule. under the criteria of the Regulatory [FR Doc. 02–5632 Filed 3–8–02; 8:45 am] Interested persons are invited to Flexibility Act. Since this rule involves BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION August 31, 2001, and effective the rule that might suggest a need to September 16, 2001, which is modify the rule. All comments Federal Aviation Administration incorporated by reference in 14 CFR submitted will be available, both before Sec. 71.1. The Class E airspace and after the closing date for comments, 14 CFR Part 71 designation listed in this document will in the Rules Docket for examination by be published subsequently in the order. [Airspace Docket No. 01–AGL–15] interested persons. A report that The Direct Final Rule Procedure summarizes each FAA-public contact Modification of Class E Airspace; concerned with the substance of this Mount Vernon, OH The FAA anticipates that this action will be filed in the Rules Docket. regulation will not result in adverse or AGENCY: Federal Aviation negative comment and therefore is Commenters wishing the FAA to Administration (FAA), DOT. issuing it as a direct final rule. A acknowledge receipt of their comments ACTION: Direct final rule; request for substantial number of previous submitted in response to this rule must comments. opportunities provided to the public to submit a self-addressed, stamped comment on substantially identical postcard on which the following SUMMARY: This document modifies Class actions have resulted in negligible statement is made: ‘‘Comments to E airspace at Mount Vernon, OH. A adverse comments or objections. Unless Docket No. 01–AGL–15.’’ The postcard Global Positioning System (GPS) a written adverse or negative comment, will be date stamped and returned to the Standard Instrument Approach or a written notice of intent to submit commenter. Procedure (SIAP) 140° helicopter point an adverse or negative comment is in space approach, has been developed received within the comment period, Agency Findings for Knox Community Hospital, Mount the regulation will become effective on The regulations adopted herein will Vernon, OH. Controlled airspace the date specified above. After the close extending upward from 700 feet above of the comment period, the FAA will not have substantial direct effects on the the surface is needed to contain aircraft publish a document in the Federal States, on the relationship between the executing the approach. This action Register indicating that no adverse or national government and the States, or modifies existing controlled airspace for negative comments were received and on the distribution of power and Mount Vernon, OH, in order to include confirming the date on which the final responsibilities among the various the point in space approach serving rule will become effective. If the FAA levels of government. Therefore, it is Knox Community Hospital. does receive, within the comment determined that this final rule will not DATES: Effective 0901 UTC, August 08, period, an adverse or negative comment, have federalism implications under 2002. Comments must be received on or or written notice of intent to submit Executive Order 13132. before April 22, 2002. such a comment, a document will be Further, the FAA has determined that ADDRESSES: Send comments on the rule published in the Federal Register. This this regulation is noncontroversial and in triplicate to: Federal Aviation document may withdraw the direct final unlikely to result in adverse or negative Administration, Office of the Regional rule in whole or in part. comments and only involve an Counsel, AGL–7, Rules Docket No. 01– After considering the adverse or established body of technical AGL–15, 2300 East Devon Avenue, Des negative comment, we may publish regulations that require frequent and Plaines, Illinois 60018. The official another direct final rule or publish a routine amendments to keep them docket may be examined in the Office notice of proposed rulemaking with a operationally current. Therefore, I new comment period. of the Regional Counsel, Federal certify that this regulation (1) is not a Aviation Administration, 2300 East Comments Invited ‘‘significant regulatory action’’ under Devon Avenue, Des Plaines, Illinois. An Although this action is in the form of Executive Order 12866; (2) is not a informal docket may also be examined ‘‘significant rule’’ under DOT during normal business hours at the Air a final rule and was not preceded by a notice of proposed rulemaking, Regulatory Policies and Procedures (44 Traffic Division, Airspace Branch, FR 11034; February 26, 1979); and (3) if Federal Aviation Administration, 2300 comments are invited on this rule. Interested persons are invited to promulgated, will not have a significant East Devon Avenue, Des Plaines, economic impact, positive or negative, Illinois. comment on this rule by submitting such written data, views, or arguments, on a substantial number of small entities FOR FURTHER INFORMATION CONTACT: as they may desire. Communications under the criteria of the Regulatory Denis C. Burke, Airspace Branch, AGL– should identify the Rules Docket Flexibility Act. Since this rule involves 520, Air Traffic Division, Federal number and be submitted in triplicate to routine matters that will only affect air Aviation Administration, 2300 East the address specified under the caption traffic procedures and air navigation, it Devon Avenue, Des Plaines, Illinois ADDRESSES. All communications does not warrant preparation of a 60018, telephone (847) 294–7568. received on or before the closing date Regulatory Flexibility Analysis because SUPPLEMENTARY INFORMATION: This for comments will be considered, and the anticipated impact is so minimal. amendment to 14 CFR part 71 modifies this rule may be amended or withdrawn class E airspace at Mount Vernon, Ohio, in light of the comments received. List of Subjects in 14 CFR Part 71 to accommodate aircraft executing the Factual information that supports the ° Airspace, Incorporation by reference, proposed GPS SIAP 140 helicopter commenter’s ideas and suggestions is Navigation (air). point in space approach for Knox extremely helpful in evaluating the Community Hospital by modifying effectiveness of this action and Adoption of the Amendment existing controlled airspace. The area determining whether additional will be depicted on appropriate rulemaking action is needed. Accordingly, pursuant to the aeronautical charts. Class E airspace Comments are specifically invited on authority delegated to me, the Federal designations are published in Paragraph the overall regulatory, economic, Aviation Administration amends 14 6005 of FAA Order 7400.9J, dated environmental, and energy aspects of CFR part 71 as follows:
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PART 71—DESIGNATION OF CLASS A, SUMMARY: This document modifies Class adverse comments or objections. Unless CLASS B, CLASS C, CLASS D, AND E airspace at Portsmouth, OH. A Global a written adverse or negative comment, CLASS E AIRSPACE AREAS; Positioning System (GPS) Standard or a written notice of intent to submit AIRWAYS; ROUTES; AND REPORTING Instrument Approach procedure (SIAP) an adverse or negative comment is POINTS 165° helicopter point in space approach, received within the comment period, has been developed for Southern Ohio the regulation will become effective on 1. The authority citation for 14 CFR Medical Center, Portsmouth, OH. the date specified above. After the close part 71 continues to read as follows: Controlled airspace extending upward of the comment period, the FAA will Authority: 49 U.S.C. 106(g), 40103, 40113, from 700 feet above the surface is publish a document document in the 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– needed to contain aircraft executing the Federal Register indicating that no 1963 Comp., p. 389. approach. This action modifies existing adverse or negative comments were § 71.1 [Amended] controlled airspace for Portsmouth, OH, received and confirming the date on in order to include the point in space which the final rule will become 2. The incorporation by reference in approach serving Southern Ohio effective. If the FAA does receive, 14 CFR 71.1 of the Federal Aviation Medical Center Heliport. within the comment period, an adverse Administration Order 7400.9J, Airspace DATES: Effective 0901 UTC, August 08, or negative comment, or written notice Designations and Reporting Points, 2002. Comments must be received on or of intent to submit such a comment, a dated August 31, 2001, and effective before April 22, 2002. document will be published in the September 16, 2001, is amended as ADDRESSES: Send comments on the rule Federal Register. This document may follows: in triplicate to: Federal Aviation withdraw the direct final rule in whole * * * * * Administration, Office of the Regional or in part. After considering the adverse Paragraph 6005 Class E airspace areas Counsel, AGL–7, Rules Docket No. 01– or negative comment, we may publish extending upward from 700 feet or more AGL–16, 2300 East Devon Avenue, Des another direct final rule or publish a above the surface of the earth. Plaines, Illinois 60018. The official notice of proposed rulemaking with a * * * * * docket may be examined in the Office new comment period. of the Regional Counsel, Federal AGL OH E5 Mount Vernon, OH [Revised] Comments Invited Aviation Administration, 2300 East Mount Vernon, Knox Community Airport, Devon Avenue, Des Plaines, Illinois. An Although this action is in the form of OH informal docket may also be examined (Lat. 40°19′43′ N., long. 82°31′26″ W.) a final rule and was not preceded by a Appleton, OH, VORTAC during normal business hours at the Air notice of proposed rulemaking, (Lat. 40°9′4″ N., long. 82°35′18″ W.) Traffic Division, Airspace Branch, comments are invited on this rule. Mount Vernon, Knox Community Hospital, Federal Aviation Administration, 2300 Interested persons are invited to OH East Devon Avenue, Des Plaines, comment on this rule by submitting Point in Space Coordinates Illinois. such written data, views, or arguments, (Lat. 40°24′8″ N., long. 82°27′52″ W.) FOR FURTHER INFORMATION CONTACT: as they may desire. Communications That airspace extending upward from 700 should identify the Rules Docket feet above the surface within a 6.4-mile Denis C. Burke, Airspace Branch, AGL– radius of Knox County Airport and within 3 520, Air Traffic Division, Federal number and be submitted in triplicate to miles either side of the Appleton VORTAC Aviation Administration, 2300 East the address specified under the caption 015° radial from the 6.4-mile radius to the Devon Avenue, Des Plaines, Illinois ADDRESSES. All communications Appleton VORTAC, and within a 6-mile 60018, telephone (847) 294–7568. received on or before the closing date radius of the Point in Space serving Knox SUPPLEMENTARY INFORMATION: This for comments will be considered, and Community Hospital, excluding that airspace amendment to 14 CFR part 71 modifies this rule may be amended or withdrawn within the Newark, OH, Class E airspace in light of the comments received. area. class E airspace at Portsmouth, Ohio, to accommodate aircraft executing the Factual information that supports the * * * * * proposed GPS SIAP 165° helicopter commenter’s ideas and suggestions is Issued in Des Plaines, Illinois on December point in space approach for Southern extremely helpful in evaluating the 27, 2001. Ohio Medical Center Heliport by effectiveness of this action and Nancy B. Shelton, modifying existing controlled airspace. determining whether additional Manager, Air Traffic Division, Great Lakes The area will be depicted on rulemaking action is needed. Region. appropriate aeronautical charts. Class E Comments are specifically invited on [FR Doc. 02–5630 Filed 3–8–02; 8:45 am] airspace designations are published in the overall regulatory, economic, BILLING CODE 4910–13–M Paragraph 6005 of FAA Order 7400.9J, environmental, and energy aspects of dated August 31, 2001, and effective the rule that might suggest a need to September 16, 2001, which is modify the rule. All comments DEPARTMENT OF TRANSPORTATION incorporated by reference in 14 CFR submitted will be available, both before Sec. 71.1. The Class E airspace and after the closing date for comments, Federal Aviation Administration designation listed in this document will in the Rules Docket for examination by be published subsequently in the order. interested persons. A report that 14 CFR Part 71 summarizes each FAA-public contact [Airspace Docket No. 01–AGL–16] The Direct Final Rule Procedure concerned with the substance of this The FAA anticipates that this action will be filed in the Rules Docket. Modification of Class E Airspace; regulation will not result in adverse or Commenters wishing the FAA to Portsmouth, OH negative comment and therefore is acknowledge receipt of their comments AGENCY: Federal Aviation issuing it as a direct final rule. A submitted in response to this rule must Administration (FAA), DOT. substantial number of previous submit a self-addressed, stamped opportunities provided to the public to postcard on which the following ACTION: Direct final rule; request for comment on substantially identical statement is made: ‘‘Comments to comments. actions have resulted in negligible Docket No. 01–AGL–16.’’ The postcard
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will be date stamped and returned to the September 16, 2001, is amended as DATES: Effective 0901 UTC, August 08, commenter. follows: 2002. Comments must be received on or before April 22, 2002. Agency Findings * * * * * ADDRESSES: Send comments on the rule Paragraph 6005 Class E airspace areas The regulations adopted herein will extending upward from 700 feet or more in triplicate to: Federal Aviation not have substantial direct effects on the above the surface of the earth. Administration, Office of the Regional Counsel, AGL–7 Rules Docket No. 01– States, on the relationship between the * * * * * national government and the States, or AGL–20, 2300 East Devon Avenue, Des on the distribution of power and AGL OH E5 Portsmouth, OH [Revised] Plaines, Illinois 60018. The official responsibilities among the various Portsmouth, Greater Portsmouth Regional docket may be examined in the Office levels of government. Therefore, it is Airport, OH of the Regional Counsel, Federal determined that this final rule will not (Lat. 38°50′25″ N., long. 82°50′51″ W.) Aviation Administration, 2300 East Portsmouth NDB Devon Avenue, Des Plaines, Illinois. An have federalism implications under ° ′ ″ ° ′ ″ Executive Order 13132. (Lat. 38 46 54 N., long. 82 50 42 W.) informal docket may also be examined Portsmouth, Southern Ohio Medical Center, during normal business hours at the Air Further, the FAA has determined that OH Traffic Division, Airspace Branch, this regulation is noncontroversial and Point in Space Coordinates Federal Aviation Administration, 2300 unlikely to result in adverse or negative (Lat. 38°45′5″ N., long. 83°00′19″ W.) East Devon Avenue, Des Plaines, comments and only involves an That airspace extending upward from 700 Illinois. established body of technical feet above the surface within a 6.4-mile regulations that require frequent and radius of the Greater Portsmouth Regional FOR FURTHER INFORMATION CONTACT: Airport and within 2.7 miles each side of the routine amendments to keep them ° Denis C. Burke, Airspace Branch, AGL– 178 bearing from the Portsmouth NDB 520, Air Traffic Division, Federal operationally current. Therefore, I extending from the 6.4-mile radius to 10.4 certify that this regulation (1) is not a miles south of the airport, and within a 6.0- Aviation Administration, 2300 East ‘‘significant regulatory action’’ under mile radius of the Point in Space serving Devon Avenue, Des Plaines, Illinois Executive Order 12866; (2) is not a Southern Ohio Medical Center. 60018, telephone (847) 294–7568. ‘‘significant rule’’ under DOT * * * * * SUPPLEMENTARY INFORMATION: This Regulatory Policies and Procedures (44 amendment to 14 CFR part 71 modifies Issued in Des Plaines, Illinois on December Class E airspace at Washington Court FR 11034; February 26, 1979); and (3) if 27, 2001. promulgated, will not have a significant House, Ohio, to accommodate aircraft Nancy B. Shelton, economic impact, positive or negative, executing the proposed GPS SIAP 305° on a substantial number of small entities Manager, Air Traffic Division, Great Lakes helicopter point in space approach for Region. under the criteria of the Regulatory Fayette County Memorial Hospital by Flexibility Act. Since this rule involves [FR Doc. 02–5629 Filed 3–8–02; 8:45 am] modifying existing controlled airspace. routine matters that will only affect air BILLING CODE 4910–13–M The area will be depicted on traffic procedures and air navigation, it appropriate aeronautical charts. Class E does not warrant preparation of a airspace designations are published in DEPARTMENT OF TRANSPORTATION Regulatory Flexibility Analysis because Paragraph 6005 of FAA Order 7400.9J, the anticipated impact is so minimal. Federal Aviation Administration dated August 31, 2001, and effective September 16, 2001, which is List of Subjects in 14 CFR Part 71 14 CFR Part 71 incorporated by reference in 14 CFR Airspace, Incorporation by reference, Sec. 71.1. The Class E airspace Navigation (air). designation listed in this document will [Airspace Docket No. 01–AGL–20] be published subsequently in the order. Adoption of the Amendment Modification of Class E Airspace; The Direct Final Rule Procedure Accordingly, pursuant to the Washington Court House, OH The FAA anticipates that this authority delegated to me, the Federal regulation will not result in adverse or AGENCY: Federal Aviation Aviation Administration amends 14 negative comment and therefore is Administration (FAA), DOT. CFR part 71 as follows: issuing it as a direct final rule. A ACTION: Direct final rule; request for substantial number of previous PART 71—DESIGNATION OF CLASS A, comments. opportunities provided to the public to CLASS B, CLASS C, CLASS D, AND comment on substantially identical CLASS E AIRSPACE AREAS; SUMMARY: This document modifies Class actions have resulted in negligible AIRWAYS; ROUTES; AND REPORTING E airspace at Washington Court House, adverse comments or objections. Unless POINTS OH. A Global Positioning System (GPS) a written adverse or negative comment, Standard Instrument Approach or a written notice of intent to submit 1. The authority citation for 14 CFR Procedure (SIAP) 305° helicopter point an adverse or negative comment is part 71 continues to read as follows: in space approach, has been developed received within the comment period, Authority: 49 U.S.C. 106(g), 40103, 40113, for Fayette County Memorial Hospital, the regulation will become effective on 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– Washington Court House, OH. the date specified above. After the close 1963 Comp., p. 389. Controlled airspace extending upward of the comment period, the FAA will § 71.7 [Amended] from 700 feet above the surface is publish a document in the Federal needed to contain aircraft executing the Register indicating that no adverse or 2. The incorporation by reference in approach. This action modifies existing negative comments were received and 14 CFR 71.1 of the Federal Aviation controlled airspace for Washington confirming the date on which the final Administration Order 7400.9J, Airspace Court House, OH, in order to include rule will become effective. If the FAA Designations and Reporting Points, the point in space approach serving does receive, within the comment dated August 31, 2001, and effective Fayette County Memorial Hospital. period, an adverse or negative comment,
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or written notice of intent to submit unlikely to result in adverse or negative That airspace extending upward from 700 such a comment, a document will be comments and only involves an feet above the surface within a 6.5-mile radious of the Fayette County Airport and published in the Federal Register. This established body of technical ° document may withdraw the direct final regulations that require frequent and within 6.4 miles either side of the 037 rule in whole or in part. bearing from the Court House NDB, routine amendments to keep them extending from the 6.5-mile radius to 7 miles After considering the adverse or operationally current. Therefore, I northeast of the NDB, and within 2.2 miles negative comment, we may publish certify that this regulation (1) is not a either side of the 037° bearing from the Court another direct final rule or publish a ‘‘significant regulatory action’’ under House NDB, extending from the 6.5-mile notice of proposed rulemaking with a Executive Order 12866; (2) is not a radius to 10 miles northeast of the NDB and new comment period. ‘‘significant rule’’ under DOT within a 6 mile radius of the Point in Space serving Fayette County Memorial Hospital. Comments Invited Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) if * * * * * Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a Issued in Des Plaines, Illinois on December economic impact, positive or negative, 27, 2001. notice of proposed rulemaking, on a substantial number of small entities comments are invited on this rule. Nancy B. Shelton, under the criteria of the Regulatory Manager, Air Traffic Division, Great Lakes Interested persons are invited to Flexibility Act. Since this rule involves comment on this rule by submitting Region. routine matters that will only affect air [FR Doc. 02–5628 Filed 3–8–02; 8:45 am] such written data, views, or arguments, traffic procedures and air navigation, it BILLING CODE 4910–13–M as they may desire. Communications does not warrant preparation of a should identify the Rules docket Regulatory Flexibility Analysis because number and be submitted in triplicate to the anticipated impact is so minimal. the address specified under the caption DEPARTMENT OF TRANSPORTATION List of Subjects in 14 CFR Part 71 ADDRESSES. All communications Federal Aviation Administration received on or before the closing date Airspace, Incorporation by reference, for comments will be considered, and Navigation (air). 14 CFR Part 71 this rule may be amended or withdrawn in light of the comments received. Adoption of the Amendment [Airspace Docket No. 01–AGL–18] Factual information that supports the Accordingly, pursuant to the Establishment of Class E Airspace; commenter’s ideas and suggestions is authority delegated to me, the Federal Flint, MI extremely helpful in evaluating the Aviation Administration amends 14 effectiveness of this action and CFR Part 71 as follows: AGENCY: Federal Aviation determining whether additional Administration (FAA), DOT. rulemaking action is needed. PART 71—DESIGNATION OF CLASS A, ACTION: Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND Direct final rule; request for the overall regulatory, economic, CLASS E AIRSPACE AREAS; comments. environmental, and energy aspects of AIRWAYS ROUTES; AND REPORTING SUMMARY: This document establishes the rule that might suggest a need to POINTS Class E airports at Flint, Bishop modify the rule. All comments 1. The authority citation for 14 CFR International Airport, MI. Bishop submitted will be available, both before Part 71 continues to read as follows: International Airport is served by and after the closing date for comments, Federal Aviation Regulations Part 135 in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40103, 40113, (14 CFR 135) air taxi operations, and interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR 1959– 1963 Comp., p. 389. Federal Aviation Regulations Part 121 summarizes each FAA-public contact (14 CFR 121) air carrier operations. concerned with the substance of this § 71.1 [Amended] Controlled airspace extending upward action will be filed in the Rules Docket. from the surface is needed to contain Commenters wishing the FAA to 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation aircraft executing instrument flight acknowledge receipt of their comments procedures and provide a safer submitted in response to this rule must Administration Order 7400.9J, Airspace Designations and Reporting Points, operating environment when the control submit a self-addressed, stamped tower is closed. The airport meets the postcard on which the following dated August 31, 2001, and effective September 16, 2001, is amended as minimum communications and weather statement is made: ‘‘Comments to observation and reporting requirements Docket No. 01–AGL–20.’’ The postcard follows: * * * * * for controlled airspace extending will be date stamped and returned to the upward from the surface. This action commenter. Paragraph 6005 Class E airspace areas creates controlled airspace with a 4.4- Agency Findings extending upward from 700 feet or more mile radius for this airport. above the surface of the earth. DATES: Effective 0901 UTC, August 8, The regulations adopted herein will * * * * * not have substantial direct effects on the 2002. Comments must be received on or States, on the relationship between the AGL OH E5 Washington Court House, OH before April 22, 2002. national government and the States, or [Revised] ADDRESSES: Send comments on the rule on the distribution of power and Washington Court House, Fayette County in triplicate to: Federal Aviation Airport, OH Administration, Office of the Regional responsibilities among the various ° ′ ″ ° ′ ″ levels of government. Therefore, it is (Lat. 39 34 13 N., long. 83 25 14 W.) Counsel, AGL–7, Rules Docket No. 01– Court House NDB AGL–18, 2300 East Devon Avenue, Des determined that this final rule will not (Lat. 39°35′58″ N., long. 83°23′32″ W.) have federalism implications under Washington County Court House, Fayette Plaines, Illinois 60018. The official Executive Order 13132. County Memorial Hospital, OH docket may be examined in the Office Further, the FAA has determined that Point in Space Coordinates of the Regional Counsel, Federal this regulation is noncontroversial and (Lat. 39°32′18″ N., long. 82°25′15″ W.) Aviation Administration, 2300 East
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Devon Avenue, Des Plaines, Illinois. An Comments Invited Regulatory Policies and Procedures (44 informal docket may also be examined Although this action is in the form of FR 11034; February 26, 1979); and (3) if during normal business hours at the Air a final rule and was not preceded by a promulgated, will not have a significant Traffic Division, Airspace Branch, notice of proposed rulemaking, economic impact; positive or negative, Federal Aviation Administration, 2300 comments are invited on this rule. on a substantial number of small entities East Devon Avenue, Des Plaines, Interested persons are invited to under the criteria of the Regulatory Illinois. comment on this rule by submitting Flexibility Act. Since this rule involves FOR FURTHER INFORMATION CONTACT: such written data, views, or arguments, routine matters that will only affect air Denis C. Burke, Airspace Branch, AGL– as they may desire. Communications traffic procedures and air navigation, it 520, Air Traffic Division, Federal should identify the Rules Docket does not warrant preparation of a Aviation Administration, 2300 East number and be submitted in triplicate to Regulatory Flexibility Analysis because Devon Avenue, Des Plaines, Illinois the address specified under the caption the anticipated impact is so minimal. 60018, telephone (847) 294–7568. ADDRESSES. All communications List of Subjects in 14 CFR Part 71 SUPPLEMENTARY INFORMATION: This received on or before the closing date Airspace, Incorporation by reference, amendment to 14 CFR part 71 for comments will be considered, and Navigation (air). establishes Class E airspace at Flint, this rule may be amended or withdrawn Bishop International Airport, MI, to in light of the comments received. Adoption of the Amendment accommodate part 135 air taxi aircraft, Factual information that supports the Accordingly, pursuant to the and part 121 air carrier aircraft commenter’s ideas and suggestions is authority delegated to me, the Federal instrument flight rules procedures extremely helpful in evaluating the Aviation Administration amends 14 during periods when the control tower effectiveness of this action and CFR part 71 as follows: is closed. The area will be depicted on determining whether additional appropriate aeronautical charts. Class E rulemaking action is needed. PART 71—DESIGNATION OF CLASS A, airspace designations for airspace areas Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND extending upward from the surface of the overall regulatory, economic, CLASS E AIRSPACE AREAS; the earth are published in Paragraph environmental, and energy aspects of AIRWAYS; ROUTES; AND REPORTING 6002 of FAA Order 7400.9J, dated the rule that might suggest a need to POINTS August 31, 2001, and effective modify the rule. All comments September 16, 2001, which is submitted will be available, both before 1. The authority citation for 14 CFR incorporated by reference in 14 CFR and after the closing date for comments, part 71 continues to read as follows: Sec. 71.1. The Class E airspace in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40103, 40113, designation listed in this document will interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– be published subsequently in the order. summarizes each FAA-public contact 1963 Comp., p. 389. concerned with the substance of this The Direct Final Rule Procedure action will be filed in the Rules Docket. § 71.1 [Amended] The FAA anticipates that this Commenters wishing the FAA to 2. The incorporation by reference in regulation will not result in adverse or acknowledge receipt of their comments 14 CFR 71.1 of the Federal Aviation negative comment and therefore is submitted in response to this rule must Administration Order 7400.9J, Airspace issuing it as a direct final rule. A submit a self-addressed, stamped Designations and Reporting Points, substantial number of previous postcard on which the following dated August 31, 2001, and effective opportunities provided to the public to statement is made: ‘‘Comments to September 16, 2001, is amended as comment on substantially identical Docket No. 01–AGL–18.’’ The postcard follows: actions have resulted in negligible will be date stamped and returned to the * * * * * adverse comments or objections. Unless commenter. a written adverse or negative comment, Agency Findings Paragraph 6002 Class E airspace areas or a written notice of intent to submit designated as a surface area. an adverse or negative comment is The regulations adopted herein will * * * * * received within the comment period, not have substantial direct effects on the the regulation will become effective on States, on the relationship between the AGL MI E2 Flint, MI [New] the date specified above. After the close national government and the States, or Flint, Bishop International Airport, MI of the comment period, the FAA will on the distribution of power and (Lat. 42°57′56″ N., long. 83°44′37″ W.) publish a document in the Federal responsibilities among the various That airspace extending upward from the Register indicating that no adverse or levels of government. Therefore, it is surface within a 4.4-mile radius of the Flint, Bishop International Airport. negative comments were received and determined that this final rule will not This Class E airspace area is effective confirming the date on which the final have federalism implications under during the specific dates and times rule will become effective. If the FAA Executive Order 13132. established in advance by Notice to airmen. does receive, within the comment Further, the FAA has determined that The effective date and time will thereafter be period, an adverse or negative comment, this regulation is noncontroversial and continuously published in the Airport/ or written notice of intent to submit unlikely to result in adverse or negative Facility Directory. such a comment, a document will be comments and only involves an * * * * * published in the Federal Register. This established body of technical document may withdraw the direct final regulations that require frequent and Issued in Des Plaines, Illinois on December rule in whole or in part. After routine amendments to keep them 27, 2001. considering the adverse or negative operationally current. Therefore, I Nancy B. Shelton, comment, we may publish another certify that this regulation (1) is not a Manager, Air Traffic Division, Great Lakes direct final rule or publish a notice of ‘‘significant regulatory action’’ under Region. proposed rulemaking with a new Executive Order 12866; (2) is not a [FR Doc. 02–5627 Filed 3–8–02; 8:45 am] comment period. ‘‘significant rule’’ under DOT BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION published in paragraph 6005 of FAA Paragraph 6005 Class E airspace areas Order 7400.9J, dated August 31, 2001, extending upward from 700 feet or more Federal Aviation Administration and effective September 16, 2001, which above the surface of the earth. is incorporated by reference in 14 CFR * * * * * 14 CFR Part 71 71.1. The Class E airspace designation AWP CA E5 Twentynine Palms, CA [Airspace Docket No. 01–AWP–30] listed in this document will be [Revised] published subsequently in the Order. Twentynine Palms Airport, CA ° ′ ″ ° ′ ″ Modification of Class E Airspace; The Rule (Lat. 34 07 56 N, long. 115 56 45 W.) Twentynine Palms, CA That airspace extending upward from 700 This amendment to 14 CFR part 71 feet above the surface within a 6.6 mile AGENCY: Federal Aviation modifies the Class E airspace area at radius of the Twentynine Palms Airport. That Administration (FAA), DOT. Twentynine Palms, CA. The airspace extending upward from 1200 feet ACTION: Final Rule. establishment of a RNAV (GPS) RWY 26 above the surface bounded by a line beginning at lat. 34°17′00″ N, long. SIAP to Twentynine Palms Airport has ° ′ ″ ° ′ ″ SUMMARY: This action modifies the Class 115 25 03 W.; to lat. 33 28 00 N, long. made this action necessary. The effect of ° ′ ″ ° ′ ″ E airspace area at Twentynine Palms, 115 25 03 W.; to lat. 33 28 00 N, long. this action will provide adequate 116°18′03″ W.; to lat. 34°17′00″ W, long. CA. The establishment of an Area airspace for aircraft executing the RNAV 116°18′03″ W., thence to the point of Navigation (RNAV) Global Positing (GPS) RWY 26 SIAP to Twentynine beginning; excluding that airspace within System (GPS) Standard Instrument Palms Airport, Twentynine Palms, CA. Restricted Areas R–2501E, R–2501S, and R– Approach Procedure (SIAP) RNAV The FAA has determined that this 2507. (GPS) Runway (RWY) 26 SIAP to regulation only involves an established * * * * * Twentynine Palms Airport, Twentynine body of technical regulations for which Issued in Los Angeles, California, on Palms, CA has made action necessary. frequent and routine amendments are February 22, 2002. Additional controlled airspace necessary to keep them operationally John Clancy, extending upward from 700 feet or more current. Therefore, this regulation—(1) Manager, Air Traffic Division, Western-Pacific above the surface of the earth is needed is not a ‘‘significant regulatory action’’ Region. to contain aircraft executing the RNAV under Executive Order 12866; (2) is not [FR Doc. 02–5814 Filed 3–8–02; 8:45 am] (GPS) RWY 26 SIAP to Twentynine a ‘‘significant rule’’ under DOT BILLING CODE 4910–13–M Palms Airport. The intended effect of Regulatory Policies and Procedures (44 this action is to provide adequate FR 11034; February 26, 1979); and (3) controlled airspace for Instrument Flight does not warrant preparation of a DEPARTMENT OF DEFENSE Rules operations at Twentynine Palms Regulatory Evaluation as the anticipated Airport, Twentynine Palms, CA. impact is so minimal. Since this is a Department of the Army, Corps of EFFECTIVE DATE: 0901 UTC April 18, routine matter that will only affect air Engineers 2002. traffic procedures and air navigation, it FOR FURTHER INFORMATION CONTACT: Jeri is certified that this rule will not have 33 CFR Part 334 Carson, Airspace Specialist, Airspace a significant economic impact on a Branch, AWP–520, Air Traffic Division, substantial number of small entities United States Navy Restricted Area, Western-Pacific Region, Federal under the criteria of the Regulatory Hampton Roads and Willoughby Bay, Aviation Administration, 15000 Flexibility Act. Virginia Aviation Boulevard, Lawndale, List of Subjects in 14 CFR Part 71 AGENCY: United States Army Corps of California 90261, telephone (310) 725– Engineers, DoD. 6611. Airspace, Incorporation by reference, Navigation (air). ACTION: Final rule. SUPPLEMENTARY INFORMATION: Adoption of the Amendment SUMMARY: The U.S. Army Corps of History Engineers is amending its regulations In consideration of the foregoing, the On January 22, 2002, the FAA which establish a restricted area in Federal Aviation Administration proposed to amend 14 CFR part 71 by waters adjacent to the Norfolk Naval amends 14 CFR part 71 as follows: modifying the Class E airspace area at Base at Norfolk, Virginia. This amendment will close off an open area Twentynine Palms, CA (67 FR 2836). PART 71—DESIGNATION OF CLASS A, on the south side of the base and Additional controlled airspace CLASS B, CLASS C, CLASS D, AND changes the enforcement responsibility extending upward from 700 feet or more CLASS E AIRSPACE AREAS; ROUTES; from the base commander to the above the surface is needed to contain AND REPORTING POINTS. aircraft executing the RNAV (GPS) RWY Commander, Navy Region, Mid- 26 SIAP to Twentynine Palms Airport. 1. The authority citation for 14 CFR Atlantic. The regulations are necessary This action will provide adequate part 71 continues to read as follows: to safeguard Navy vessels and United States Government facilities from controlled airspace for aircraft executing Authority: 49 U.S.C. 106(g), 40103, 40113, the RNAV (GPS) RWY 26 SIAP to sabotage and other subversive acts, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– accidents, or incidents of similar nature. Twentynine Palms Airport, Twentynine 1963 Comp., p. 389; 14 CFR 11.69. Palms, CA. These regulations are also necessary to Interested parties were invited to § 71.1 [Amended] protect the public from potentially participate in this rulemaking, 2. The incorporation by reference in hazardous conditions which may exist proceeding by submitting written 14 CFR 71.1 of the Federal Aviation as a result of Navy use of the area. comments on the proposal to the FAA. Administration Order 7400.9J, Airspace EFFECTIVE DATE: April 10, 2002. No comments to the proposal were Designations and Reporting Points, ADDRESSES: U.S. Army Corps of received. Class E airspace designations dated August 31, 2001, and effective Engineers, ATTN: CECW–OR, 441 G for airspace extending from 700 feet or September 16, 2001, is amended as Street, NW., Washington, DC 20314– more above the surface of the earth are follows: 1000.
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FOR FURTHER INFORMATION CONTACT: Mr. Act. We have also found under section to a point on the eastern limit of Norfolk Frank Torbett, Headquarters Regulatory 203 of the Act, that small Governments Harbor Channel at latitude 36°56′41.5″ Branch, Washington, DC at (202) 761– will not be significantly and uniquely N, longitude 76°20′05.5″ W; thence 4618, or Mr. Rick Henderson, Corps of affected by this rulemaking. northerly along the eastern limit of Engineers, Norfolk District, Regulatory Norfolk Harbor Channel to latitude e. Submission to Congress and the Branch, at (757) 441–7653. 36°57′52″ N, longitude 76°20′00″ W; General Accounting Office SUPPLEMENTARY INFORMATION: Pursuant thence easterly to latitude 36°57′52″ N, to its authorities in section 7 of the Pursuant to Section 801(a)(1)(A) of the longitude 76°19′35″ W; thence to Rivers and Harbors Act of 1917 (40 Stat. Administrative Procedure Act, as latitude 36°57′47.7″ N., longitude 266; 33 U.S.C. 1) and Chapter XIX, of amended by the Small Business 73°18′57″ W; thence southeasterly to the Army Appropriations Act of 1919 Regulatory Enforcement Fairness Act of latitude 36°57′26″ N, longitude (40 Stat. 892; 33 U.S.C. 3) the Corps is 1996, the Army has submitted a report 76°18′42″ W; thence easterly to latitude amending the restricted area regulations containing this Rule to the U.S. Senate, 36°57′26.2″ N, longitude 76°17′55.2″ W; in 33 CFR part 334 by amending section the U.S. House of Representatives, and thence southerly to latitude 36°57′05″ N, 334.300 which establishes a restricted the Comptroller General of the General longitude 76°17′52″ W; thence area in waters adjacent to the Norfolk Accounting Office. This Rule is not a southeasterly to latitude 36°56′56.2″ N, Naval Base at Norfolk, Virginia. major Rule within the meaning of longitude 76°17′27″ W; thence Section 804(2) of the Administrative northeasterly to latitude 36°57′10″ N, Procedural Requirements Procedure Act, as amended. longitude 76°16′29″ W; and thence to ° ′ ″ a. Review Under Executive Order 12866 List of Subjects in 33 CFR Part 334 the shoreline at latitude 36 57 18.8 N, longitude 76°16′22″ W, at the Naval Air This rule is issued with respect to a Danger zones, Marine safety, Station. military function of the Defense Navigation (water), Restricted areas, (b) The regulation. No vessel or Department and the provisions of Waterways. persons may enter the restricted area Executive Order 12866 do not apply. For the reasons set out in the unless specific authorization is granted b. Review Under the Regulatory preamble, the Corps amends 33 CFR by the Commander, Navy Region, Mid- Flexibility Act part 334 as follows: Atlantic and/or other persons or agencies as he/she may designate. This rule has been reviewed under the PART 334—DANGER ZONE AND (c) Enforcement. The regulation in Regulatory Flexibility Act (Public Law RESTRICTED AREA REGULATIONS this section, promulgated by the United 96–354) which requires the preparation States Army Corps of Engineers, shall be of a regulatory flexibility analysis for 1. The authority citation for part 334 enforced by the Commander, Navy any regulation that will have a continues to read as follows: Region, Mid-Atlantic, and/or such significant economic impact on a Authority: 40 Stat. 266 (33 U.S.C. 1) and agencies or persons as he/she may substantial number of small entities 40 Stat. 892 (33 U.S.C. 3). designate. (i.e., small businesses and small 2. Revise §334.300 to read as follows: governments). The Corps expects that Dated: February 7, 2002. the economic impact of this restricted § 334.300 Hampton Roads and Willoughby Charles M. Hess, Bay, Norfolk Naval Base, Naval Restricted area would have practically no impact Chief, Operations Division, Directorate of Area, Norfolk, Virginia on the public, no anticipated Civil Works. navigational hazard or interference with (a) The area. (1) The waters within an [FR Doc. 02–5654 Filed 3–8–02; 8:45 am] ° ′ ″ existing waterway traffic and area beginning at latitude 36 55 55 N, ° ′ ″ BILLING CODE 3710–92–P accordingly, certifies that this proposal longitude 76 20 02 W; thence ° ′ ″ will have no significant economic northwesterly to latitude 36 56 00 N, ° ′ ″ impact on small entities. longitude 76 20 08 W; thence northerly ENVIRONMENTAL PROTECTION along the eastern limit of Norfolk Harbor AGENCY c. Review Under the National Channel to latitude 36°57′52″ N, Environmental Policy Act longitude 76°20′00″ W; thence easterly 40 CFR Parts 51, 52, 96, and 97 The Norfolk District has prepared an to latitude 36°57′52″ N, longitude Environmental Assessment (EA) for this 76°19′35″ W; thence to latitude [FRL–7156–3] 36°57′47.7″ N, 76°18′57″ W; thence action. We have concluded, based on Availability of Additional Documents southeasterly to latitude 36°57′26″ N, the minor nature of the proposed for the Response to the Remands in longitude 76°18′42″ W; thence easterly additional restricted area regulations, the Ozone Transport Cases to latitude 36°57′26.2″ N, longitude that this action will not have a Concerning the Method for Computing 76°17′55.2″ W; thence southerly to significant impact to the quality of the Growth for Electric Generating Units human environment, and preparation of latitude 36°57′05″ N, longitude an Environmental Impact Statement 76°17′52″ W; thence southeasterly to AGENCY: Environmental Protection (EIS) is not required. The EA may be latitude 36°56′56.2″ N, longitude Agency (EPA). ° ′ ″ reviewed at the Norfolk District office 76 17 27 W; thence northeasterly to ACTION: Notice of data availability for ° ′ ″ ° ′ ″ listed at the end of FOR FURTHER latitude 36 57 10 N, latitude 76 16 29 the NOX SIP Call and the section 126 INFORMATION CONTACT, above. W; thence to the shoreline at latitude rule. 36°57′18.8″ N, longitude 76°16′22″ W at d. Unfunded Mandates Act the Naval Air Station. SUMMARY: The EPA is providing notice This rule does not impose an (2) Beginning at a point on the Naval that it has placed in the dockets for the enforceable duty among the private Station shore at latitude 36°56′37.5″ N, two main rulemakings concerning sector and, therefore, is not a Federal longitude 76°19′44″ W; thence westerly ozone-smog transport in the eastern part private sector mandate and is not and northerly along the breakwater to its of the United States—the Nitrogen subject to the requirements of Section extremity at latitude 36°56′41.5″ N, Oxides State Implementation Plan Call 202 or 205 of the Unfunded Mandates longitude 76°19′54″ W; thence westerly (NOX SIP Call) and the Section 126
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Rule—additional data relevant to the Docket No. A–97–43. These new in Yearly Fossil Fuel Heat Input— remands by the U.S. Court of Appeals documents, and other documents Electric Utilities.’’ (Feb. 22, 2002) for the District of Columbia Circuit (D.C. relevant to these rulemakings, are XV C–07 Press releases on nuclear Circuit) concerning growth rates for available for inspection at the Docket uprates in IL. seasonal heat input by electric Office, located at 401 M Street SW., generating units (EGUs). In both the Room M–1500, Washington, DC 20460, XV C–08 Press releases on repowering coal units to combined cycle units in NOX SIP Call and Section 126 between 8:00 a.m. and 5:30 p.m., rulemakings, EPA determined control Monday through Friday, excluding legal IN. obligations with respect to EGUs holidays. A reasonable fee may be XV C–09 Press release on boiler through the same computation, which charged for copying. Some of the optimization. included, as one component, estimates documents have also been made, or will XV C–10 1995–2001 ozone season heat of growth in heat input by the EGUs shortly be made, available in electronic input data for EGUs in the following from 1996 to 2007. In two cases decided form at the following EPA website: States: AL, CT, DC, DE, GA, IL, IN, last year challenging the Section 126 http://www.epa.gov/airmarkets/fednox/ KY, MA, MD, MI, MO, NC, NJ, NY, rulemaking and a pair of rulemakings 126noda2/index.html. OH, PA, RI, SC, TN, VA, and WV, that made technical corrections to the FOR FURTHER INFORMATION CONTACT: including: NO SIP Call, the D.C. Circuit X Questions concerning today’s document considered challenges to EPA’s (a) For 1995—2000, this data is on a should be directed to Kevin Culligan, calculation of the growth estimate and unit-by-unit basis for all units. Office of Atmospheric Programs, Clean its use of growth factors. In virtually (b) For 2001, data for acid rain units Air Markets Division, 6204M, 1200 identical decisions, the Court remanded is based on monitoring location and has Pennsylvania Ave. NW., Washington, the growth component to EPA for a not been converted to a unit-by-unit DC 20004, telephone (202) 564–9172, e- better response to certain data presented basis. All data for acid rain units is mail [email protected]; or Howard by the affected States and industry based on data reported to EPA. For other J. Hoffman, Office of General Counsel, concerning actual heat input, and for a units it is based on data reported to EIA 2344A, 1200 Pennsylvania Ave. NW., better explanation of EPA’s or data reported to EPA as part of the Washington, DC 20004, telephone (202) methodology. The EPA is in the process SIP Call/Section 126 rulemaking 564–5582, e-mail of responding to those remands. proccess. On August 3, 2001, EPA published a [email protected]. General notice of data availability announcing questions about the Section 126 Rule or XV C–11 Press release documenting off- the placement, in the dockets for the the NOX SIP Call may be directed to Jan line status of Cook Units 1 and 2. King, Office of Air Quality Planning and NOX SIP Call and Section 126 Rule, of XV C–12 Summary of EIA Electric Sales new data concerning EGU growth rates Standards, Air Quality Strategies and Data for the 1995 through 2001 ozone (66 FR 40609 (NODA–1)). In NODA–1, Standards Division, C539–02, Research season. EPA articulated its preliminary view Triangle Park, NC, 27711, telephone (919) 541–5665, e-mail XV C–13 Northeast Electric Reliability that its growth calculations were Council Map. reasonable and could be supported with [email protected]. a more robust explanation that takes XV C–14 EIA Inventory of Electric SUPPLEMENTARY INFORMATION: The EPA Utility Power Plants in the US, 1999. into account the Court’s concerns. has placed, or will shortly place, the XV C–15 EIA Inventory of Electric Today’s document informs that EPA information described below in the NO X Utility Power Plants in the US, 1998. is considering additional data that it has SIP Call rulemaking docket, A–96–56; recently placed, or will soon place, in and is incorporating it by reference into XV C–16 EIA Inventory of Electric the docket for the NOX SIP Call Rule, the Section 126 rulemaking docket, A– Utility Power Plants in the US, 1997. Docket A–96–56, and that have been 97–43. incorporated by reference in the docket (For XV C–14, XV C–15, and XV C–16 for the Section 126 Rule, Docket No. XV C–01 U.S. Department of Energy web above, see website http://www/ A–97–43. pages—21 SIP Call States—‘‘Estimates eia.doe.gov/cneaf/electricity/ipp/ By March 29, 2002, EPA intends to of Energy Input at Electric Utilities, ippbackissues.html). determine whether it will confirm its 1960–1999’’ from www.eia.doe.gov/ XV C–17 EPA Region 4 National preliminary view that the growth emeu/sep/__/consum/eu.htm __ Combustion Turbine Spreadsheet calculations were reasonable, or change where is the 2 letter identifier for maintained at http://www.epa.gov/ those calculations. If EPA decides to each State. region4/air/permits/ confirm the growth calculations, it XV C–02 U.S. Department of Energy; national_ct_list.xls) as of February intends to complete its response to the Energy Information Administration 2002. Court’s remands by that date. (EIA); Electric Power Annual 1999 Detailed background information Volume 1—August 2000. The EPA may place additional documents in the docket, and if EPA describing the rulemakings, court XV C–03 Department of Energy; Energy does so, EPA will announce their decisions, and remands may be found in Information Administration; Electric availability by posting a notice on the NODA–1. Power Annual 2000 Volume 1— http://www.epa.gov/airmarkets/fednox/ DATES: Documents were placed in the August 2001. Available at 126noda2/index.html website. docket on or about February 28, 2002. www.eia.doe.gov/cneaf/electricity/ ADDRESSES: Copies of all of the epav1/epav1.pdf. Dated: February 28, 2002. documents have been placed, or will XV C–05 Memorandum from Bill John D. Bachman, shortly be placed, in the docket for the Neuffer to Docket (Feb. 22, 2002): Acting Director, Office of Air Quality Planning NOX SIP Call rule, Docket No. A–96–56, Excel spreadsheets—21 SIP call and Standards. and have been incorporated by reference States—Yearly Utility Fossil Heat [FR Doc. 02–5742 Filed 3–8–02; 8:45 am] in the docket for the Section 126 Rule, inputs;’’ ‘‘Summary of 8 Yr Decreases BILLING CODE 6560–50–P
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FEDERAL COMMUNICATIONS Joint Board input will be beneficial for rural mechanisms function together. COMMISSION consideration of the issues on remand. The Commission will refer issues Accordingly, the Commission refers the concerning the rural high-cost support 47 CFR Part 54 issues described in the NPRM, and the mechanism and how that mechanism record developed herein, to the Joint functions with the non-rural mechanism [CC Docket 96–45; FCC 02–41] Board for a recommended decision. to the Joint Board at a later date. Specifically, the Commission asks the Federal-State Joint Board on Universal III. Ordering Clauses Service Joint Board to provide a recommended decision on (1) how the Commission 5. Pursuant to sections 1, 4(i) and (j), AGENCY: Federal Communications should define the key statutory terms 254, and 410 of the Communications Commission. ‘‘reasonably comparable’’ and Act of 1934, as amended, 47 U.S.C. 151, ACTION: Final rule. ‘‘sufficient’’; (2) whether, in light of the 154(i), 154(j), 254, and 410, that the interpretation of those key statutory issues specified in the Order are referred SUMMARY: In this document, the terms, the Commission can and should to the Federal-State Joint Board on Commission asks the Joint Board to maintain the previously established Universal Service for a recommendation begin a comprehensive review of the benchmark or, in the alternative, should to be received by the Commission no non-rural high-cost support mechanism. adopt a new benchmark or benchmarks; later than August 15, 2002. In light of the need to act expeditiously and (3) how the Commission should List of Subjects in 47 CFR Part 54 on the issues, the Commission will induce states to implement state delay initiation of a proceeding to universal service policies. The Communications common carriers, consider future action on the rural high- Commission intends these referral Telecommunications, Telephone. cost support mechanism. issues to encompass the review of the Federal Communications Commission. DATES: Comments are due April 10, non-rural mechanism that the William F. Caton, Commission previously stated would 2002. Reply comments are due April 25, Acting Secretary. 2002. occur by January 1, 2003. At their core, the issues on remand require an [FR Doc. 02–5675 Filed 3–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: examination of the non-rural BILLING CODE 6712–01–P Katie King at (202) 418–7491 or Jennifer mechanism. The Commission directs Schneider at (202) 418–0425 in the the Joint Board to base its recommended Accounting Policy Division, Common FEDERAL COMMUNICATIONS decision on the record developed from Carrier Bureau. COMMISSION the NPRM and present its recommended SUPPLEMENTARY INFORMATION: This is a decision to the Commission no later 47 CFR Part 73 summary of the Commission’s Order in than August 15, 2002. The Commission CC Docket No. 96–45 released on will then expeditiously consider the [DA 02–499, MM Docket No. 01–335, RM– February 15, 2002. The Order is related Joint Board’s recommendations and 10338] to a Notice of a Proposed Rulemaking issue an order in response to the court’s Digital Television Broadcast Service; (NPRM) that is published elsewhere in remand. this issue. The full text of this document 3. Finally, although the Commission Charleston, SC is available for public inspection during has determined that all carriers will AGENCY: Federal Communications regular business hours in the FCC eventually receive universal service Commission. Reference Center, Room CY–A257, 445 support based upon their forward- ACTION: Final rule. 12th Street, SW., Washington, DC looking costs, it has allowed rural 20554. carriers to continue to calculate support SUMMARY: The Commission, at the I. Introduction under a modified version of the request of Media General embedded cost mechanism for five Communications, Inc., licensee of 1. In this Order, the Commission years. The Commission previously station WCBD–TV, NTSC channel 2, refers the record collected in the NPRM stated that it intended to refer the Charleston, South Carolina, substitutes to the Joint Board for a recommended complex issues surrounding rural high- DTV channel 50 for DTV channel 59. decision. In the NPRM, the Commission cost support to the Joint Board, ‘‘no later See 66 FR 66383, December 26, 2001. seeks comment on issues from the Ninth than January 1, 2002’’ in order to begin DTV channel 50 can be allotted to Report and Order, 66 FR 67416, the process of determining what regime Charleston, South Carolina, in December 1, 1999, remanded by the should be in place upon the expiration compliance with the principle United States Court of Appeals for the of the Rural Task Force plan. The community coverage requirements of Tenth Circuit. As part of the referral, the Commission further stated that, ‘‘in the Section 73.625(a) at reference Commission also asks the Joint Board to context of the Joint Board’s coordinates 32–56–24 N. and 79–41–45 begin a comprehensive review of the consideration of an appropriate high- W. with a power of 1000, HAAT of 561 non-rural high-cost support mechanism. cost mechanism for rural telephone meters and with a DTV service In light of the need to act expeditiously companies, [it anticipates] conducting a population of 846 thousand. on the issues on remand, the comprehensive review of the high-cost With this action, this proceeding is Commission will delay initiation of a support mechanisms for rural and non- terminated. proceeding to consider future action on rural carriers as a whole to ensure that DATES: the rural high-cost support mechanism. both mechanisms function efficiently Effective April 22, 2002. and in a coordinated fashion.’’ FOR FURTHER INFORMATION CONTACT: Pam II. The Commission’s Plan for Universal 4. In light of the need to expeditiously Blumenthal, Mass Media Bureau, (202) Service and Joint Board Referral address the issues remanded by the 418–1600. 2. The Joint Board has previously court, the Commission now believes it SUPPLEMENTARY INFORMATION: This is a considered and given recommendations appropriate to delay briefly the synopsis of the Commission’s Report on many of the issues in this docket. initiation of a comprehensive and Order, MM Docket No. 01–335, The Commission concludes that further examination of how the rural and non- adopted March 1, 2002, and released
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March 6, 2002. The full text of this 630 in the Gulf of Alaska (GOA). This 15,187 mt. In accordance with § 679.20 document is available for public action is necessary to prevent exceeding (a)(5)(ii)(C), the B season allowance of inspection and copying during regular the B season allowance of the pollock pollock TAC in Statistical Area 630 is business hours in the FCC Reference total allowable catch (TAC) for 1,503 mt. Information Center, Portals II, 445 12th Statistical Area 630. In accordance with § 679.20 (d)(1)(i), Street, SW, Room CY–A257, DATES: Effective 1200 hrs, Alaska local the Regional Administrator has Washington, DC. This document may time (A.l.t.), March 11, 2002 until 1200 determined that the B season allowance also be purchased from the hrs, A.l.t., August 25, 2002. of the pollock TAC in Statistical Area Commission’s duplicating contractor, FOR FURTHER INFORMATION CONTACT: 630 will soon be reached. Therefore, the Qualex International, Portals II, 445 Mary Furuness, 907–586–7228. Regional Administrator is establishing a 12th Street, SW, CY–B402, Washington, SUPPLEMENTARY INFORMATION: NMFS directed fishing allowance of 1,203 mt, DC, 20554, telephone 202–863–2893, manages the groundfish fishery in the and is setting aside the remaining 300 facsimile 202–863–2898, or via e-mail GOA exclusive economic zone mt as bycatch to support other [email protected]. according to the Fishery Management anticipated groundfish fisheries. In List of Subjects in 47 CFR Part 73 Plan for Groundfish of the Gulf of accordance with § 679.20 (d)(1)(iii), the Alaska (FMP) prepared by the North Regional Administrator finds that this Television, Digital television Pacific Fishery Management Council directed fishing allowance will soon be broadcasting. under authority of the Magnuson- reached. Consequently, NMFS is Part 73 of Title 47 of the Code of Stevens Fishery Conservation and prohibiting directed fishing for pollock Federal Regulations is amended as Management Act. Regulations governing in Statistical Area 630. follows: fishing by U.S. vessels in accordance Maximum retainable bycatch amounts with the FMP appear at subpart H of 50 PART 73—[AMENDED] may be found in the regulations at § CFR part 600 and 50 CFR part 679. 679.20(e) and (f). 1. The authority citation for Part 73 Within any fishing year, underage or continues to read as follows: overage of a seasonal allowance may be Classification added to or subtracted from subsequent Authority: 47 U.S.C. 154, 303, 334, 336. seasonal allowances in a manner to be This action responds to the best available information recently obtained §73.622 [Amended] determined by the Administrator, Alaska Region, NMFS (Regional from the fishery. The Assistant 2. Section 73.622(b), the Table of Administrator), provided that the sum Administrator for Fisheries, NOAA, Digital Television Allotments under of the revised seasonal allowances does finds that the need to immediately South Carolina, is amended by not exceed 30 percent of the annual implement this action to prevent removing DTV channel 59 and adding TAC apportionment for the Central and exceeding the amount of the 2002 A DTV channel 50 at Charleston. Western Regulatory Areas in the GOA season pollock TAC specified for Federal Communications Commission. (§ 679.20 (a)(5)(ii)(C)). For 2002, 30 Statistical Area 630 of the GOA constitutes good cause to waive the Barbara A. Kreisman, percent of the annual TAC for the Central and Western Regulatory Areas is requirement to provide prior notice and Chief, Video Services Division, Mass Media opportunity for public comment Bureau. 15,187 mt. For 2002, the Regional Administrator has determined that pursuant to the authority set forth at 5 [FR Doc. 02–5708 Filed 3–8–02; 8:45 am] U.S.C. 553 (b)(3)(B) and 50 CFR 679.20 BILLING CODE 6712–01–P within each area for which a seasonal allowance is established, any overage or (b)(3)(iii)(A), as such procedures would underage of harvest at the beginning of be unnecessary and contrary to the the next season(s) shall be subtracted public interest. Similarly, the need to DEPARTMENT OF COMMERCE from or added to the following season implement these measures in a timely fashion to prevent exceeding the 2002 B National Oceanic and Atmospheric provided that the resulting sum of season pollock TAC specified for Administration seasonal allowances in the Central and Western Regulatory Areas does not Statistical Area 630 of the GOA constitutes good cause to find that the 50 CFR Part 679 exceed 15,187 mt in any single season. The B season allowance of the pollock effective date of this action cannot be [Docket No. 011218304–1304-01; I.D. TAC in Statistical Area 630 is 1,122 delayed for 30 days. Accordingly, under 030102B] metric tons (mt) as established by an 5 U.S.C. 553(d), a delay in the effective emergency rule implementing 2002 date is hereby waived. Fisheries of the Exclusive Economic harvest specifications and associated Zone Off Alaska; Pollock in Statistical This action is required by § 679.20 management measures for the Area 630 of the Gulf of Alaska and is exempt from review under groundfish fisheries off Alaska (67 FR Executive Order 12866. AGENCY: National Marine Fisheries 956, January 8, 2002). The Regional Authority: 16 U.S.C. 1801 et seq. Service (NMFS), National Oceanic and Administrator hereby increases the B Atmospheric Administration (NOAA), season pollock TAC by 381 mt. This Dated: March 5, 2002. Commerce. amount is the A season pollock under Bruce C. Morehead, ACTION: Closure. harvest in Statistical Area 630 and Acting Director, Office of Sustainable provides for an aggregate B season Fisheries, National Marine Fisheries Service. SUMMARY: NMFS is prohibiting directed allowance in the Central and Western [FR Doc. 02–5770 Filed 3–11–02; 8:45 am] fishing for pollock in Statistical Area Regulatory Areas that does not exceed BILLING CODE 3510–22–S
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Rules and Regulations Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER on a Saturday, the time allowed for Governing Proceedings on Petitions To contains regulatory documents having general filing the document or paper shall be Modify or To Be Exempted From applicability and legal effect, most of which extended to include the following Research, Promotion and Education are keyed to and codified in the Code of business day; and to provide that the Programs (7 CFR 1200.50 through Federal Regulations, which is published under time for filing a motion to dismiss or an 50 titles pursuant to 44 U.S.C. 1510. 1200.52) have an active status, the answer is within 30 days after the transcripts and exhibits shall be kept on The Code of Federal Regulations is sold by service of the petition. file in the Office of the Hearing Clerk, the Superintendent of Documents. Prices of This rule also amends the Rules of where they shall be available for new books are listed in the first FEDERAL Practice and Procedure Governing examination during official hours of REGISTER issue of each week. Proceedings To Formulate Marketing business. Thereafter, the transcripts and Agreements and Marketing Orders and exhibits shall be made available by the the Rules of Practice and Procedure Hearing Clerk for examination during DEPARTMENT OF AGRICULTURE Governing Proceedings To Formulate official hours of business after prior and Amend an Order to provide that: request and reasonable notice to the Agricultural Marketing Service Transcripts may be obtained at the cost of duplication; to eliminate the Hearing Clerk. AMS is removing this 7 CFR Parts 900 and 1200 postmark as an effective date of filing provision. During the ‘‘active status’’ of [AMS–02–001] documents or papers; to provide that these litigation proceedings, it is when the time for filing a document or impracticable to keep the transcripts Rules of Practice paper expires on a Saturday, the time and exhibits on file in the Office of the Hearing Clerk during official hours of AGENCY: Agricultural Marketing Service, allowed for filing the document or paper business because they are used by USDA. shall be extended to include the following business day. administrative law judges to prepare the ACTION: Final rule. AMS also is making a number of initial decisions and by the Judicial SUMMARY: The Agricultural Marketing minor and non-substantive changes for Officer to prepare final decisions. Service (AMS) of the United States clarity and uniformity of style. AMS also is amending section Department of Agriculture (USDA) is These amendments are necessary in 900.60(f)(2) of the Rules of Practice amending the Rules of Practice order to expedite proceedings and save Governing Proceedings on Petitions To Governing Proceedings on Petitions To the United States and those who Modify or To Be Exempted From participate in the proceedings time and Modify or To Be Exempted From Marketing Orders (7 CFR 900.60(f)(2)); money. Marketing Orders and the Rules of section 1200.52(d) of the Rules of Practice Governing Proceedings on EFFECTIVE DATE: March 11, 2002. Practice Governing Proceedings on Petitions To Modify or To Be Exempted FOR FURTHER INFORMATION CONTACT: Petitions To Modify or To Be Exempted From Research, Promotion and Martha Ransom, Chief, Research and From Research, Promotion and Education Programs. AMS also is Promotion Branch, F&V, AMS, USDA, Education Programs (7 CFR 1200.52(d)), amending the Rules of Practice and Stop 0244, 1400 Independence Avenue, Procedure Governing Proceedings To by cross-reference to section SW, Room 2535–S, Washington, DC 900.60(f)(2); section 900.11(b) of the Formulate Marketing Agreements and 20250–0244, telephone (202) 720–9915, Rules of Practice and Procedure Marketing Orders and the Rules of fax (202) 205–2800, e-mail Governing Proceedings To Formulate Practice and Procedure Governing [email protected]. Proceedings To Formulate and Amend Marketing Agreements and Marketing SUPPLEMENTARY INFORMATION: an Order. Orders (7 CFR 900.11(b)); and section This final rule amends the Rules of Background 1200.12(b) of the Rules of Practice and Practice Governing Proceedings on Procedure Governing Proceedings To Petitions To Modify or To Be Exempted Availability of Transcripts and Evidence Formulate and Amend an Order (7 CFR From Marketing Orders and the Rules of Section 900.60(f)(1) of the Rules of 1200.12(b)). All of these sections Practice Governing Proceedings on Practice Governing Proceedings on provide that if a personal copy of a Petitions To Modify or To Be Exempted Petitions To Modify or To Be Exempted transcript is desired, the copy may be From Research, Promotion and From Marketing Orders (7 CFR obtained on written application filed Education Programs: To provide that 900.60(f)(1)) and section 1200.52(d) of with the reporter and upon payment of transcripts and exhibits do not have to the Rules of Practice Governing any fees. These sections are not be kept on file in the Office of the Proceedings on Petitions To Modify or consistent with section 11 of the Federal Hearing Clerk during the active status of To Be Exempted From Research, Advisory Committee Act (5 U.S.C. app. a proceeding; to provide that transcripts Promotion and Education Programs (7 at 6 (2000)) which requires that agencies may be obtained at the cost of CFR 1200.52(d)), by cross-reference to make copies of transcripts of agency duplication; to provide that the date of section 900.60(f)(1), provide that during proceedings available to any person at filing an appeal petition is the date the the period in which proceedings under actual cost of duplication. Therefore, appeal petition is filed with the Hearing the Rules of Practice Governing AMS is amending these sections to Clerk; to eliminate the postmark as an Proceedings on Petitions To Modify or provide that transcripts of proceedings effective date of filing documents or To Be Exempted From Marketing Orders papers; to provide that when the time (7 CFR 900.50 through 900.71) and shall be made available to any person at for filing a document or paper expires proceedings under the Rules of Practice actual cost of duplication.
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Transmission of Appeal Petitions filed. Moreover, at least theoretically, and section 1200.52(d) (7 CFR Section 900.65(a) of the Rules of the Hearing Clerk can never be 1200.52(d)) of the Rules of Practice Practice Governing Proceedings on absolutely certain that a document or Governing Proceedings on Petitions To Petitions To Modify or To Be Exempted paper is not timely because the Hearing Modify or To Be Exempted From From Marketing Orders (7 CFR Clerk may never receive a document or Research, Promotion and Education 900.65(a)) and section 1200.52(d) of the paper with a timely postmark. Programs, by cross-reference to section Rules of Practice Governing Proceedings Therefore, in order to provide certainty 900.52a(a). These sections provide that on Petitions To Modify or To Be and a single method for determining the the Administrator may file a motion to Exempted From Research, Promotion effective date of filing, we are dismiss or an answer within 30 days and Education Programs (7 CFR eliminating the provision under which after the filing of a petition. AMS is documents or papers are deemed to be amending these provisions to provide 1200.52(d)), by cross-reference to filed when postmarked. Any party who that the AMS Administrator may file a section 900.65(a), provide that an appeal believes that he or she has not been motion to dismiss or an answer within from an administrative law judge’s allowed sufficient time for a document 30 days after the service of the petition. initial decision must be transmitted to or paper to be received by the Hearing Under the current provisions, there is the Hearing Clerk within 30 days after Clerk may move for an extension of time no way to determine with certainty service of the initial decision. AMS is for filing the document or paper. when the petition is received by the amending this provision to require that Administrator from the Hearing Clerk’s appeal petitions must be filed with the Computation of Time for Filing office. Theoretically, under the current Hearing Clerk within 30 days after AMS is amending section 900.69(e) of provisions, the Administrator can service of the initial decision. This the Rules of Practice Governing receive the petition from the Hearing amendment is necessary because, Proceedings on Petitions To Modify or Clerk’s office after the 30-day period to depending upon the method of To Be Exempted From Marketing Orders file a motion to dismiss or an answer transmission, the date of transmission (7 CFR 900.69(e)); section1200.52(d) of has elapsed. Therefore, in order to may be difficult to discern; whereas the Rules of Practice Governing provide certainty and to ensure that the documents filed with the Hearing Clerk Proceedings on Petitions To Modify or Administrator receives the petition in are stamped with the date and time of To Be Exempted From Research, sufficient time to file a motion to filing. Promotion and Education Programs (7 dismiss or an answer, we are amending Effective Date of Filing CFR 1200.52(d)), by cross-reference to these provisions to provide that a section 900.69(e); section 900.15(d) of motion to dismiss or an answer may be AMS is amending section 900.69(d) of the Rules of Practice and Procedure filed within 30 days after the service of the Rules of Practice Governing Governing Proceedings To Formulate the petition. Proceedings on Petitions To Modify or Marketing Agreements and Marketing To Be Exempted From Marketing Orders Orders (7 CFR 900.15(d)); and section Minor and Non-substantive Changes (7 CFR 900.69(d)); section 1200.52(d) of 1200.17(d) of the Rules of Practice and AMS also is making a number of the Rules of Practice Governing Procedure Governing Proceedings To minor and non-substantive changes. Proceedings on Petitions To Modify or Formulate and Amend an Order (7 CFR Specifically, AMS is: (1) Correcting an To Be Exempted From Research, 1200.17(d)). All of these sections incorrect cross-reference in 7 CFR Promotion and Education Programs (7 provide that Sundays and Federal 900.51(j); (2) making editorial changes CFR 1200.52(d)), by cross-reference to holidays shall be included in computing in 7 CFR 900.2(d), 7 CFR 900.51(d), 7 section 900.69(d); section 900.15(c) of time allowed for filing any document or CFR 900.51(o), 7 CFR 900.52(b), 7 CFR the Rules of Practice and Procedure paper, and that when the time for filing 900.52(c)(2), 7 CFR 900.52a(a), 7 CFR Governing Proceedings To Formulate expires on a Sunday or Federal holiday, 900.62(c), 7 CFR 900.64, 7 CFR 900.68, Marketing Agreements and Marketing the time for filing shall be extended to 7 CFR 900.70(a), 7 CFR 1200.2(e), and Orders (7 CFR 900.15(c)); and section include the next following business day. 7 CFR 1200.51(e) for clarity, to correct 1200.17(c) of the Rules of Practice and AMS is amending these sections to typographical errors, and for uniformity Procedure Governing Proceedings To make it clear that each day, including of style; (3) eliminating gender-specific Formulate and Amend an Order (7 CFR Saturdays, Sundays, and legal public references in 7 CFR 900.2(c), 7 CFR 1200.17(c)). All of these sections holidays, is included in computing time 900.2(e), 7 CFR 900.51(c), 7 CFR provide that any document or paper, allowed for filing any document or 900.51(e), and 7 CFR 900.52(c)(1); (4) except a petition, shall be deemed to paper. Further, because the Hearing eliminating the following provisions have been filed when it is postmarked Clerk’s office is now closed on which have been reserved, 7 CFR or received by the Hearing Clerk. AMS Saturdays, we are amending these 900.2(f), 7 CFR 900.51(f), 7 CFR is amending this provision to provide sections to provide that when the time 900.51(n), and 7 CFR 900.60(e); and (5) that a document or paper will only be for filing a document or paper expires eliminating the definition of the Federal deemed to be filed when it is received on a Saturday, the time allowed for Register in 7 CFR 900.51(g) which is not by the Hearing Clerk. Under the current filing the document or paper shall be used in the Rules of Practice Governing provision, a document or paper which extended to include the following Proceedings or Petitions To Modify or has a timely postmark is timely-filed business day. To Be Exempted From Marketing even if the document or paper is Orders. received by the Hearing Clerk after the Time for Filing a Motion To Dismiss or This rule amends provisions of the time for filing. The use of the postmark Answer rules of practice governing the conduct to determine timeliness causes AMS is amending sections of certain proceedings under Marketing uncertainty. The Hearing Clerk must 900.52(c)(1) (7 CFR 900.52(c)(1)) and Agreements and Orders, and under wait for days after a document or paper 900.52a(a) (7 CFR 900.52a(a)) of the Research, Promotion, and Education is required to be filed before notifying Rules of Practice Governing Proceedings Programs. Therefore, pursuant to section the other parties, the administrative law on Petitions To Modify or To Be 553 of the Administrative Procedure Act judge, or the Judicial Officer that a Exempted From Marketing Orders and (APA), 5 U.S.C. 553, it is exempt from document or paper has not been timely- section 1200.52(c) (7 CFR 1200.52(c)) the APA’s notice and comment
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requirements. In addition, this rule is adding the words ‘‘term judge’’ in their c. Paragraph (e) is revised to read as exempt from the requirements of the place. set forth below. Regulatory Flexibility Act, 5 U.S.C. 601 c. Paragraph (e) is revised to read as d. Paragraph (j) is revised to read as et seq. set forth below. set forth below. d. Paragraph (f) is removed. Executive Orders 12866 and 12988 e. Paragraph (o) is amended by § 900.2 Definitions. removing the word ‘‘rules’’ and adding This rule has been determined to be the word ‘‘rulings’’ in its place. not significant for purposes of Executive * * * * * Order 12866 and, therefore, has not (e) The term Administrator means the § 900.51 Definitions. been reviewed by OMB. Administrator of the Agricultural * * * * * This rule has been reviewed under Marketing Service or any officer or (e) The term Administrator means the Executive Order 12988, Civil Justice employee of the Department to whom Administrator of the Agricultural Reform. This rule is not intended to authority has been delegated or may Marketing Service or any officer or have retroactive effect. This rule will hereafter be delegated to act for the employee of the Department to whom not preempt any State or local laws, Administrator. authority has been delegated or may regulations, or policies, unless they * * * * * hereafter be delegated to act for the present an irreconcilable conflict with 3. In § 900.11, paragraph (b) is revised Administrator. this rule. There are no administrative to read as follows: * * * * * proceedings which must be exhausted before parties may file suit in court § 900.11 Copies of the transcript. (j) The term proceeding means a challenging this rule. proceeding before the Secretary arising * * * * * under section 8c(15)(A) of the Act. Paperwork Reduction Act (b) Transcripts of hearings shall be made available to any person at actual * * * * * This rule contains no information cost of duplication. collection or recordkeeping § 900.52 [Amended] requirements under the Paperwork 4. In § 900.15, paragraphs (c) and (d) 7. Amend § 900.52 as follows: Reduction Act of 1995 (44 U.S.C. 3501 are revised to read as follows: a. Paragraphs (b)(2), (b)(3), and (b)(4) et seq.). § 900.15 Filing; extensions of time; are amended by adding the word ‘‘marketing’’ immediately after the List of Subjects effective date of filing; and computation of time. words ‘‘provisions of the’’. 7 CFR Part 900 * * * * * b. Paragraph (c)(1) is amended by Administrative practice and (c) Effective date of filing. Any removing the word ‘‘he’’ and adding the procedure, Freedom of information, document or paper required or words ‘‘the Administrator’’ in its place; Marketing agreements, Reporting and authorized in this subpart to be filed by removing the words ‘‘the filing’’ and recordkeeping requirements. shall be deemed to be filed at the time adding the words ‘‘the service’’ in their it is received by the Hearing Clerk. place; and by removing the word ‘‘his’’. 7 CFR Part 1200 (d) Computation of time. Each day, c. In paragraph (c)(2), the paragraph Administrative practice and including Saturdays, Sundays, and legal heading is amended by removing the procedure, Blueberries, Cotton, Dairy, public holidays, shall be included in words ‘‘Administrative Law’’ and Eggs, Fluid milk, Honey, Marketing computing the time allowed for filing adding the word ‘‘the’’ in their place. agreements, Mushrooms, Peanuts, any document or paper: Provided, That Popcorn, Pork, Potatoes, Soybeans, when the time for filing a document or § 900.52a [Amended] Watermelons. paper expires on a Saturday, Sunday, or 8. In § 900.52a, paragraph (a) is For the reasons stated in the legal public holiday, the time allowed amended by removing the words ‘‘the preamble, 7 CFR parts 900 and 1200 are for filing the document or paper shall be filing’’ and adding the words ‘‘the amended as follows: extended to include the following service’’ in their place, and by removing business day. the words ‘‘administrative law judge’’ PART 900—GENERAL REGULATIONS and adding the word ‘‘Judge’’ in their Subpart—Rules of Practice Governing place. Subpart—Rules of Practice and Procedures on Petitions To Modify or Procedure Governing Procedures on To Be Exempted From Marketing 9. Amend § 900.60 as follows: Petitions To Formulate Marketing Orders a. Remove paragraph (e). Agreement and Marketing Orders b. Redesignate paragraph (f) as 5. The authority citation for Subpart— paragraph (e) and revise newly 1. The authority citation for Subpart— Rules of Practice Governing Proceedings designated paragraph (e) to read as Rules of Practice and Procedure on Petitions To Modify or To Be follows. Governing Proceedings on Petitions To Exempted From Marketing Orders is § 900.60 Oral hearings before judge. Formulate Marketing Agreements and revised to read as follows: Marketing Orders is revised to read as * * * * * Authority: 7 U.S.C. 608c. follows: (e) Transcript. Transcripts of hearings Authority: 7 U.S.C. 610. 6. Amend § 900.51 as follows: shall be made available to any person at 2. Amend § 900.2 as follows: a. Paragraph (c) is amended by actual cost of duplication. removing the words ‘‘in his stead’’ and a. Paragraph (c) is amended by § 900.62 [Amended] removing the words ‘‘in his stead’’ and adding the words ‘‘for the Secretary’’ in adding the words ‘‘for the Secretary’’ in their place. 10. In § 900.62, paragraph (c), the their place. b. Paragraph (d) is amended by second sentence is amended by b. Paragraph (d) is amended by removing the words ‘‘terms removing the word ‘‘postoffice’’ and removing the words ‘‘terms administrative law judge or’’ and adding adding the words ‘‘post office’’ in its Administrative Law Judge or Judge’’ and the word ‘‘term’’ in their place. place.
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§ 900.64 [Amended] Authority: 7 U.S.C. 2111, 2620, 2713, 4509, hereafter be delegated to act for the 4609, 4814, 4909, 6106, 6306, 6410, 7418, Administrator. 11. Amend § 900.64 as follows: and 7486. a. The section heading is amended by * * * * * 17. Amend § 1200.2 as follows: removing the words ‘‘Administrative § 1200.52 [Amended] Law’’. a. Paragraph (a) is amended by 21. In § 1200.52, paragraph (c) is b. Paragraph heading (c) is amended removing the following references, ‘‘the amended by removing the words ‘‘the by removing the words ‘‘Administrative Floral Research and Consumer filing’’ and adding the words ‘‘the Law’’. Information Act, Pub. L. 97–98, 97th Cong., approved December 22, 1981, 7 service’’ in their place. § 900.65 [Amended] U.S.C. 4301–4319;’’ and ‘‘the Wheat and Dated: March 1, 2002. 12. In § 900.65, paragraph (a), the first Wheat Foods Research and Nutrition A.J. Yates, sentence is amended by removing the Education Act, Pub. L. 95–113, 95th Administrator, Agricultural Marketing words ‘‘by transmitting an appeal Cong., approved September 29, 1977, 7 Service. petition to the hearing clerk’’ and U.S.C. 3401–3417;’’. [FR Doc. 02–5368 Filed 3–8–02; 8:45 am] b. Paragraph (e) is revised to read as adding the words ‘‘by filing an appeal BILLING CODE 3410–02–P petition with the Hearing Clerk’’ in their set forth below. place. § 1200.2 Definitions. DEPARTMENT OF AGRICULTURE § 900.68 [Amended] * * * * * (e) The term Administrator means the Rural Utilities Service 13. Amend § 900.68 as follows: Administrator of the Agricultural a. In § 900.68, the section heading is Marketing Service or any officer or 7 CFR Part 1703 amended by removing the word employee of the Department to whom ‘‘Applications’’ and adding the word authority has been delegated or may RIN 0572–AB70 ‘‘Petitions’’ in its place. hereafter be delegated to act for the Distance Learning and Telemedicine b. In paragraph (a)(1), the first Administrator. Loan and Grant Program sentence is amended by removing the * * * * * words ‘‘An application’’ and adding the AGENCY: 18. In § 1200.12, paragraph (b) is Rural Utilities Service, USDA. words ‘‘A petition’’ in their place. revised to read as follows: ACTION: Notice of confirmation of direct 14. In § 900.69, paragraphs (d) and (e) final rule. are revised to read as follows: § 1200.12 Copies of the transcript. SUMMARY: * * * * * The Rural Utilities Service § 900.69 Filing; service; extensions of (b) Transcripts of hearings shall be (RUS) hereby gives notice that no time; effective date of filing; and adverse comments were received computation of time. made available to any person at actual cost of duplication. regarding the direct final rule amending * * * * * its regulations for the Distance Learning 19. In § 1200.17, paragraphs (c) and (d) Effective date of filing. Any and Telemedicine (DLT) Loan and Grant (d) are revised as follows: document or paper required or Program, and confirms the effective date authorized in this subpart to be filed § 1200.17 Filing, extension of time, of the direct final rule. shall be deemed to be filed at the time effective date of filing, and computation of DATES: The direct final rule published in it is received by the Hearing Clerk. time. the Federal Register on January 23, (e) Computation of time. Each day, * * * * * 2002 (67 FR 3039) is effective March 11, including Saturdays, Sundays, and legal (c) Effective date of filing. Any 2002. public holidays, shall be included in document or paper required or FOR FURTHER INFORMATION CONTACT: computing the time allowed for filing authorized in this subpart to be filed Marilyn J. Morgan, Chief DLT Branch, any document or paper: Provided, That shall be deemed to be filed at the time Advanced Services Division, Rural when the time for filing a document or it is received by the Hearing Clerk. Utilities Service, U.S. Department of paper expires on a Saturday, Sunday, or (d) Computation of time. Each day, Agriculture, 1400 Independence Ave., legal public holiday, the time allowed including Saturdays, Sundays, and legal SW., STOP 1550, Washington, DC for filing the document or paper shall be public holidays, shall be included in 20250–1550. Telephone: 202–720–0413; extended to include the following computing the time allowed for filing e-mail at [email protected]; or, business day. any document or paper: Provided, That Fax: 202–720–1051. when the time for filing a document or SUPPLEMENTARY INFORMATION: § 900.70 [Amended] paper expires on a Saturday, Sunday, or 15. In § 900.70, paragraph (a) is legal public holiday, the time allowed Background amended by removing the word ‘‘or’’ for filing the document or paper shall be RUS is amending 7 CFR part 1703, immediately after the word ‘‘Secretary’’ extended to include the following subparts D, E, F, and G of its regulations and adding the word ‘‘for’’ in its place. business day. for the Distance Learning and * * * * * 20. In § 1200.51, paragraph (e) is Telemedicine (DLT) Loan and Grant revised to read as set forth below. Program. The current regulations PART 1200—RULES OF PRACTICE implement the provisions of the Federal AND PROCEDURE GOVERNING § 1200.51 Definitions. Agriculture Improvement and Reform PROCEEDINGS UNDER RESEARCH, * * * * * Act of 1996 (7 U.S.C. 950aaa et seq.) to PROMOTION, AND EDUCATION (e) The term Administrator means the encourage and improve telemedicine PROGRAMS Administrator of the Agricultural services and distance learning services Marketing Service or any officer or in rural areas. The direct final rule 16. The authority citation for part employee of the Department to whom addresses the amendments affecting the 1200 is revised to read as follows: authority has been delegated or may grant program. These amendments will
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clarify eligibility; change the grant assembly to fail, which could result in —The initial compliance time should be minimum matching contribution; clarify loss of control of the airplane. changed from 100 hours time-in- that only loan funds will be used to DATES: This AD becomes effective on service (TIS) to 50 hours TIS. finance transmission facilities; modify April 22, 2002. financial information requirements; What Is the Potential Impact if FAA The Director of the Federal Register Took No Action? adjust the leveraging of resources approved the incorporation by reference scoring criterion; revise financial of certain publications listed in the This condition, if not detected and information to be submitted; and make regulations as of April 22, 2002. corrected, could cause the engine mount other minor changes and corrections. ADDRESSES: You may get the service assembly to fail. Such failure could Confirmation of Effective Date information referenced in this AD from result in loss of control of the airplane. This is to confirm the effective date of SOCATA Groupe AEROSPATIALE, Has FAA Taken Any Action to This March 11, 2002, for the direct final rule, Customer Support, Aerodrome Tarbes- Point? 7 CFR part 1703, Distance Learning and Ossun-Lourdes, BP 930—F65009 Tarbes Telemedicine Loan and Grant Program, Cedex, France; telephone: 011 33 5 62 We issued a proposal to amend part published in the Federal Register on 41 73 00; facsimile: 011 33 5 62 41 76 39 of the Federal Aviation Regulations January 23, 2002. 54; or the Product Support Manager, (14 CFR part 39) to include an AD that SOCATA—Groupe AEROSPATIALE, Dated: March 4, 2002. would apply to all Socata Models MS North Perry Airport, 7501 Pembroke 892A–150, MS 892E–150, MS 893A, MS Hilda Gay Legg, Road, Pembroke Pines, Florida 33023; 893E, MS 894A, MS 894E, Rallye 150T, Administrator, Rural Utilities Service. telephone: (954) 893–1400; facsimile: and Rallye 150ST airplanes. This [FR Doc. 02–5733 Filed 3–8–02; 8:45 am] (954) 964–4191. You may view this proposal was published in the Federal BILLING CODE 3415–15–P information at the Federal Aviation Register as a notice of proposed Administration (FAA), Central Region, rulemaking (NPRM) on December 17, Office of the Regional Counsel, 2001 (66 FR 64928). The NPRM DEPARTMENT OF TRANSPORTATION Attention: Rules Docket No. 2001–CE– proposed to supersede AD 77–15–06 41–AD, 901 Locust, Room 506, Kansas with a new AD that would require you Federal Aviation Administration City, Missouri 64106; or at the Office of to: the Federal Register, 800 North Capitol 14 CFR Part 39 Street, NW, suite 700, Washington, DC. —Repetitively inspect any engine mount assembly that is not part [Docket No. 2001–CE–41–AD; Amendment FOR FURTHER INFORMATION CONTACT: Karl number 892–51–0–035–0 (or FAA- 39–12672; AD 2002–05–04] Schletzbaum, Aerospace Engineer, FAA, approved equivalent part number) for Small Airplane Directorate, 901 Locust, RIN 2120–AA64 cracks; Room 301, Kansas City, Missouri 64106; Airworthiness Directives; SOCATA— telephone: (816) 329–4146; facsimile: —Repair cracks that do not exceed a Groupe AEROSPATIALE Models MS (816) 329–4090. certain length; and 892A–150, MS 892E–150, MS 893A, MS SUPPLEMENTARY INFORMATION: —Replace the engine mount when the 893E, MS 894A, MS 894E, Rallye 150T, cracks exceed a certain length and and Rallye 150ST Airplanes Discussion cracks are found on an engine mount AGENCY: Federal Aviation Has FAA Taken Any Action to This that already has two repairs. Point? Administration, DOT. Was the Public Invited To Comment? ACTION: Final rule. Fatigue cracks found on the engine mount assemblies of Socata Models MS The FAA encouraged interested SUMMARY: This amendment supersedes 892A–150, MS 892E–150, MS 893A, MS persons to participate in the making of Airworthiness Directive (AD) 77–15–06, 893E, Rallye 150T, and Rallye 150ST this amendment. We did not receive any which applies to all SOCATA—Groupe airplanes caused us to issue AD 77–15– comments on the proposed rule or on AEROSPATIALE (Socata) Models MS 06, Amendment 39–2975. AD 77–15–06 our determination of the cost to the 892A–150, MS 892E–150, MS 893A, MS currently requires the following: public. 893E, Rallye 150T, and Rallye 150ST airplanes. AD 77–15–06 currently —Inspecting the engine mount assembly FAA’s Determination requires you to repetitively inspect the for cracks at repetitive intervals; —Repairing any cracks found; and What Is FAA’s Final Determination on engine mount assembly for cracks, This Issue? repair any cracks found, and modify the —Modifying the brackets on airplanes brackets on airplanes with right angle with right angle engine mounts. After careful review of all available engine mounts. This AD is the result of What Has Happened Since AD 77–15– information related to the subject the French airworthiness authority’s 06 To Initiate This Action? presented above, we have determined determination that updated service that air safety and the public interest ´ ´ information and additional aircraft The Direction Generale de l’Aviation require the adoption of the rule as should be added to the applicability of Civile (DGAC), which is the proposed except for minor editorial AD 77–15–06. This AD retains the airworthiness authority for France, corrections. We have determined that inspection and repair requirements of recently notified FAA of the need to these minor corrections: the current AD and adds the change AD 77–15–06. The DGAC information communicated by the reports that: —Provide the intent that was proposed French airworthiness authority. The —The manufacturer has issued new in the NPRM for correcting the unsafe actions specified by this AD are service information to address the condition; and intended to detect and correct cracks in unsafe condition; —Do not add any additional burden the engine mount assembly. Such a —Additional airplane models should be upon the public than was already condition could cause the engine mount added to the applicability; and proposed in the NPRM.
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Cost Impact What Is the Cost Impact of This AD on Owners/Operators of the Affected How Many Airplanes Does This AD Impact? Airplanes? We estimate that this AD affects 81 We estimate the following costs to airplanes in the U.S. registry. accomplish each inspection:
Total cost per Total cost on U.S. oper- Labor cost Parts cost airplane ators
1 workhour × $60 = $60 ...... No parts required ...... $60 $60 × 81 = $4,860
We estimate the following costs to accomplish any necessary repairs that will be required based on the results of each inspection. We have no way of determining the number of airplanes that may need such repair:
Total cost per Labor cost Parts cost airplane
3 workhours × $60 = $180 ...... No parts required ...... $180
We estimate the following costs to accomplish any necessary replacements that will be required based on the results of each inspection. We have no way of determining the number of airplanes that may need such replacement:
Labor cost Parts cost Total cost per airplane
9 workhours × $60 = $540 ...... $3,500 ...... $540 + $3,500 = $4,040
Regulatory Impact List of Subjects in 14 CFR Part 39 certificated in any category and do not have a part number 892–51–0–035–0 engine Does This AD Impact Various Entities? Air transportation, Aircraft, Aviation mount assembly (or FAA-approved safety, Incorporation by reference, The regulations adopted herein will equivalent part number) installed: Safety. not have a substantial direct effect on the States, on the relationship between Adoption of the Amendment Model Serial No. the national government and the States, Accordingly, under the authority MS 892A–150 .... All serial numbers. or on the distribution of power and delegated to me by the Administrator, MS 892E–150 .... All serial numbers. responsibilities among the various the Federal Aviation Administration MS 893A ...... All serial numbers. levels of government. Therefore, it is amends part 39 of the Federal Aviation MS 893E ...... All serial numbers. determined that this final rule does not Regulations (14 CFR part 39) as follows: MS 894A ...... 1005 through 2204 have federalism implications under equipped with kit Executive Order 13132. PART 39—AIRWORTHINESS OPT8098 9037. DIRECTIVES MS 894E ...... 1005 through 2204 Does This AD Involve a Significant Rule equipped with kit or Regulatory Action? 1. The authority citation for part 39 OPT8098 9037. For the reasons discussed above, I continues to read as follows: Rallye 150T ...... All serial numbers. certify that this action (1) is not a Rallye 150ST ...... All serial numbers. Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a § 39.13 [Amended] (b) Who must comply with this AD? ‘‘significant rule’’ under DOT Anyone who wishes to operate any of the 2. FAA amends § 39.13 by removing Regulatory Policies and Procedures (44 airplanes identified in paragraph (a) of this Airworthiness Directive (AD) 77–15–06, AD must comply with this AD. FR 11034, February 26, 1979); and (3) Amendment 39–2975, and by adding a (c) What problem does this AD address? will not have a significant economic new AD to read as follows: The actions specified by this AD are intended impact, positive or negative, on a to detect and correct cracks in the engine 2002–05–04 SOCATA—Groupe substantial number of small entities mount assembly. Such a condition could AEROSPATIALE: Amendment 39– under the criteria of the Regulatory cause the engine mount assembly to fail, 12672; Docket No. 2001–CE–41–AD; Flexibility Act. A copy of the final which could result in loss of control of the evaluation prepared for this action is Supersedes AD 77–15–06, Amendment 39–2975. airplane. contained in the Rules Docket. A copy (a) What airplanes are affected by this AD? (d) What actions must I accomplish to of it may be obtained by contacting the This AD affects the following airplane address this problem? To address this Rules Docket at the location provided models and serial numbers that are problem, you must accomplish the following: under the caption ADDRESSES.
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Actions Compliance Procedures
(1) Inspect the engine mount assembly for For airplanes previously affected by AD 77– In accordance with the Accomplishment In- cracks. 15–06: inspect within the next 50 hours structions section of Socata Service Bulletin time-in-service (TIS) after the last inspection SB 156–71, dated May 2001. required by AD 77–15–06 or within the next 50 hours TIS after April 22, 2002 (the effec- tive date of this AD), whichever occurs first, and thereafter at intervals not to exceed 50 hours TIS. For all other airplanes: inspect within the next 50 hours TIS after April 22, 2002 (the effective date of this AD) and thereafter at intervals not to exceed 50 hours TIS.
(2) If any crack is found during any inspection Prior to further flight after the inspection in In accordance with the Accomplishment In- required by this AD that is less than 0.24 which the crack is found. structions section of Socata Service Bulletin inches (6 mm) in length, repair the engine SB 156–71, dated May 2001. mounts assembly. If two repairs on the en- gine mount have already been performed, re- place in accordance with paragraph (d)(3) of this AD.
(3) If any crack is found during any inspection Prior to further flight after the inspection in In accordance with the applicable mainte- required by this AD that is 0.24 inches (6 which the crack is found. Repetitive inspec- nance manual. mm) or longer in length or if any crack is tions are no longer required after this re- found and two repairs on the engine mount placement. have already been performed, replace the engine mount assembly with part number 892–51–0–035–0 (or FAA-approved equiva- lent part number). (4) You may terminate the repetitive inspec- At any time but it must be done prior to fur- In accordance with the applicable mainte- tions of this AD after installing engine mount ther flight if any of the criteria of paragraph nance manual. assembly, part number 892–51–0–035–0 (or (d)(3) are met. FAA-approved equivalent part number).
(e) Can I comply with this AD in any other City, Missouri 64106; telephone: (816) 329– (j) When does this amendment become way? 4146; facsimile: (816) 329–4090. effective? This amendment becomes effective (1) You may use an alternative method of (g) What if I need to fly the airplane to on April 22, 2002. compliance or adjust the compliance time if: another location to comply with this AD? The Issued in Kansas City, Missouri, on March (i) Your alternative method of compliance FAA can issue a special flight permit under 1, 2002. provides an equivalent level of safety; and sections 21.197 and 21.199 of the Federal Michael Gallagher, (ii) The Manager, Small Airplane Aviation Regulations (14 CFR 21.197 and Directorate, approves your alternative. Manager, Small Airplane Directorate, Aircraft 21.199) to operate your airplane to a location Submit your request through an FAA Certification Service. where you can accomplish the requirements Principal Maintenance Inspector, who may [FR Doc. 02–5526 Filed 3–8–02; 8:45 am] add comments and then send it to the of this AD. BILLING CODE 4910–13–P Manager, Small Airplane Directorate. (h) Are any service bulletins incorporated (2) Alternative methods of compliance into this AD by reference? Actions required approved in accordance with AD 77–15–06, by this AD must be done in accordance with which is superseded by this AD, are not Socata Service Bulletin SB 156–71, dated DEPARTMENT OF TRANSPORTATION approved as alternative methods of May 2001. The Director of the Federal compliance with this AD. Register approved this incorporation by 14 CFR Part 71 Note 1: This AD applies to each airplane reference under 5 U.S.C. 552(a) and 1 CFR identified in paragraph (a) of this AD, part 51. You can get copies from SOCATA [Airspace Docket No. 00–AGL–29] regardless of whether it has been modified, Groupe AEROSPATIALE, Customer Support, altered, or repaired in the area subject to the Aerodrome Tarbes-Ossun-Lourdes, BP 930— Modification of Class E Airspace; requirements of this AD. For airplanes that F65009 Tarbes Cedex, France; or the Product Hillsboro, ND; Correction have been modified, altered, or repaired so Support Manager, SOCATA Groupe that the performance of the requirements of AEROSPATIALE, North Perry Airport, 7501 AGENCY: Federal Aviation this AD is affected, the owner/operator must Pembroke Road, Pembroke Pines, Florida Administration (FAA), DOT. request approval for an alternative method of 33023. You can look at copies at the FAA, compliance in accordance with paragraph (e) ACTION: Final rule; correction. Central Region, Office of the Regional of this AD. The request should include an Counsel, 901 Locust, Room 506, Kansas City, assessment of the effect of the modification, SUMMARY: This action corrects an error alteration, or repair on the unsafe condition Missouri, or at the Office of the Federal in the heading of a final rule that was addressed by this AD; and, if you have not Register, 800 North Capitol Street, NW., suite published in the Federal Register on 700, Washington, DC. eliminated the unsafe condition, specific Friday, January 4, 2002 (67 FR 515), (i) Does this AD action affect any existing actions you propose to address it. Airspace Docket No. 00–AGL–29. The (f) Where can I get information about any AD actions? This amendment supersedes AD 77–15–06, Amendment 39–2975. final rule modified Class E Airspace at already-approved alternative methods of Hillsboro, ND. compliance? Contact Karl Schletzbaum, Note 2: The subject of this AD is addressed Aerospace Engineer, FAA, Small Airplane in French AD 2001–400(A), dated September EFFECTIVE DATE: 0901 UTC, February 21, Directorate, 901 Locust, Room 301, Kansas 19, 2001. 2002.
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FOR FURTHER INFORMATION CONTACT: History Regional Airport, OH, was published. Denis C. Burke, Air Traffic Division, Federal Register document 02–257, This action corrects that error. Airspace Branch, AGL–520, Federal Airspace docket No. 00–AGL–28, Correction to Final Rule Aviation Administration, 2300 East published on January 4, 2002 (67 FR Accordingly, pursuant to the Devon Avenue, Des Plaines, IL 60018, 516), established Class E Airspace at authority delegated to me, the SUMMARY telephone: (847) 294–7477. Stanley, ND. The following error was for the Class E airspace, Youngstown- SUPPLEMENTARY INFORMATION: contained in the preamble under the Warren Regional Airport, OH, as caption ‘‘The Rule’’: The city of History published in the Federal Register Kenmare was referred to instead of January 4, 2002 (67 FR 517), (FR Doc. Federal Register document 02-256, Stanley. This action corrects this error. Airspace Docket No. 00–AGL–29, 02–258), is corrected as follows: Accordingly, pursuant to the On page 517, column 1, second published on January 4, 2002 (67 FR authority delegated to me, the error for 515), modified Class E Airspace at sentence of the SUMMARY, remove the the Class E airspace, Stanley, ND, as words ‘‘to Runway 26’’. Hillsboro, ND. An error in the heading published in the Federal Register for the Class E airspace for Hillsboro, January 4, 2002 (67 FR 516), (FR Doc. Issued in Des Plaines, Illinois on January ND, was published. The word proposed 02–257), is corrected as follows: 25, 2002. should not have been used. This action On page 516, column 2, under the Nancy B. Shelton, corrects that error. caption ‘‘The Rule’’, first sentence, Manager, Air Traffic Division, Great Lakes Correction to Final Rule correct ‘‘Kenmare’’ to read ‘‘Stanley’’. Region. [FR Doc. 02–5116 Filed 3–8–02; 8:45 am] Accordingly, pursuant to the Issued in Des Plaines, Illinois on February BILLING CODE 4910–13–M authority delegated to me, the heading 6, 2002. for the Class E airspace, Hillsboro, ND, Nancy B. Shelton, as published in the Federal Register Manager, Air Traffic Division, Great Lakes DEPARTMENT OF TRANSPORTATION January 4, 2002 (67 FR 515), (FR Doc. Region. 02–256), is corrected as follows: On [FR Doc. 02–5117 Filed 3–8–02; 8:45 am] Federal Aviation Administration page 515, column 2, in the heading, line BILLING CODE 4910–13–M 5, remove the word ‘‘Proposed’’. 14 CFR Part 71 Issued in Des Plaines, Illinois on February [Airspace Docket No. 01–AAL–1] 6, 2002. DEPARTMENT OF TRANSPORTATION Nancy B. Shelton, 14 CFR Part 71 Revocation of Class E Airspace; Umiat, Manager, Air Traffic Division, Great Lakes AK Region. [Airspace Docket No. 00–AGL–24] AGENCY: Federal Aviation [FR Doc. 02–5118 Filed 3–8–02; 8:45 am] Modification of Class E Airspace; Administration (FAA), DOT. BILLING CODE 4910–13–M Youngstown-Warren Regional Airport, ACTION: Final rule. OH; Correction SUMMARY: This action revokes Class E DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation airspace at Umiat, AK. This action is Federal Aviation Administration Administration (FAA), DOT. necessary because the Umiat airport no ACTION: Final rule; correction. longer meets the requirements for Class 14 CFR Part 71 E airspace to protect Instrument Flight SUMMARY: This action corrects an error Rules (IFR) operations at Umiat, AK. [Airspace Docket No. 00–AGL–28] in the SUMMARY of a Final Rule that was This rule results in the removal of published in the Federal Register on controlled airspace at Umiat, AK. Establishment of Class E Airspace; Friday, January 4, 2002 (67 FR 517), EFFECTIVE DATE: Stanley, ND; Correction 0901 UTC, June 13, Airspace Docket No. 00–AGL–24. The 2002. Final Rule modified Class E Airspace at AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. Youngstown-Warren Regional Airport, OH. Derril D. Bergt, AAL–538, Federal ACTION: Final rule; correction. Aviation Administration, 222 West 7th EFFECTIVE DATE: 0901 UTC, February 21, Avenue, Box 14, Anchorage, AK 99513– SUMMARY: This action corrects an error 2002. 7587; telephone number (907) 271– in the preamble under the caption ‘‘The FOR FURTHER INFORMATION CONTACT: 2796; fax: (907) 271–2850; e-mail: Rule’’ of a Final Rule that was published Denis C. Burke, Air Traffic Division, [email protected]. Internet in the Federal Register on Friday, Airspace Branch, AGL–520, Federal address: http://www.alaska.faa.gov/at or January 4, 2002 (67 FR 516), Airspace Aviation Administration, 2300 East at address http://162.58.28.41/at. Docket No. 00–AGL–28. The Final rule Devon Avenue, Des Plaines, IL 60018, SUPPLEMENTARY INFORMATION: established Class E Airspace at Stanley, telephone: (847) 294–7477. ND. History SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: 0901 UTC February 21, On November 7, 2001, a proposal to 2002. History amend part 71 of the Federal Aviation FOR FURTHER INFORMATION CONTACT: Federal Register document 02–258, Regulations (14 CFR part 71) to revoke Denis C. Burke, Air Traffic Division, Airspace Docket No. 00–AGL–24, the Class E airspace at Umiat, AK, was Airspace Branch, AGL–520, Federal published on January 4, 2002 (67 FR published in the Federal Register (66 Aviation Administration, 2300 East 517), modified class E Airspace at FR 56257). The Umiat airport does not Devon Avenue, Des Plaines, Illinois Youngstown-Warren Regional Airport, have a standard instrument approach 60018, telephone (847) 294–7568. OH. An error in the SUMMARY for the procedure, it is unattended, and does SUPPLEMENTARY INFORMATION: Class E airspace for Youngstown-Warren not meet the requirements to be used as
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an IFR alternate. The Colored Federal Adoption of the Amendment airspace for Zanesville, OH, in order to Airway Amber 4 (A–4) was realigned include the point in space approach and Colored Federal Airway Amber 6 In consideration of the foregoing, the serving Bethesda Hospital. Federal Aviation Administration (A–6) was revoked on December 3, 1998 EFFECTIVE DATE: Effective 0901 UTC, amends 14 CFR part 71 as follows: (63 FR 53279, 5 Oct 1998, Airspace August 8, 2002. Comments must be Docket 98–AAL–6) in conjunction with PART 71—DESIGNATION OF CLASS A, received on or before April 22, 2002. the removal of the Umiat Nondirectional CLASS B, CLASS C, CLASS D, AND ADDRESSES: Send comments on the rule Radio Beacon (NDB). The Umiat NDB CLASS E AIRSPACE AREAS; in triplicate to: Federal Aviation was decommissioned in October 1999 AIRWAYS; ROUTES; AND REPORTING Administration, Office of the Regional resulting in the loss of the instrument POINTS Counsel, AGL–7, Rules Docket No. 01– approach procedure. With the AGL–21, 2300 East Devon Avenue, Des subsequent cancellation of the A–Paid 1. The authority citation for 14 CFR Plaines, Illinois 60018. The official weather observer contract, there are now part 71 continues to read as follows: docket may be examined in the Office no aviation weather sources at Umiat, Authority: 49 U.S.C. 106(g), 40103, 40113, of the Regional Counsel, Federal AK. Futhermore, the Umiat airport is 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, 2300 East not included in the National Plan of 1963 Comp., p. 389. Devon Avenue, Des Plaines, Illinois. An Integrated Airport Systems. Thus, the informal docket may also be examined Umiat airport does not qualify for Class § 71.1 [Amended] during normal business hours at the Air E airspace. This rule revokes the Class 2. The incorporation by reference in Traffic Division, Airspace Branch, E controlled airspace intended for IFR 14 CFR 71.1 of Federal Aviation Federal Aviation Administration, 2300 operations at Umiat, AK. Administration Order 7400.9J, Airspace East Devon Avenue, Des Plaines, Interested parties were invited to Designations and Reporting Points, Illinois. participate in this rulemaking dated August 31, 2001, and effective proceeding by submitting written FOR FURTHER INFORMATION CONTACT: September 16, 2001, is amended as Denis C. Burke, Airspace Branch, AGL– comments on the proposal to the FAA. follows: No public comments have been 520, Air Traffic Division, Federal received, thus, the rule is adopted as * * * * * Aviation Administration, 2300 East written. Paragraph 6005 Class E airspace extending Devon Avenue, Des Plaines, Illinois The area will be depicted on upward from 700 feet or more above the 60018, telephone (847) 294–7568. aeronautical charts for pilot reference. surface of the earth. SUPPLEMENTARY INFORMATION: This The coordinates for this airspace docket * * * * * amendment to 14 CFR part 71 modifies are based on North American Datum 83. Class E airspace at Zanesville, Ohio, to The Class E airspace areas extending AAL AK E5 Umiat, AK [REVOKED] accommodate aircraft executing the upward from 700 feet or more above the * * * * * proposed GPS SIAP 160° helicopter surface of the earth are published in Issued in Anchorage, AK, on February 21, point in space approach for Bethesda paragraph 6005 of FAA Order 7400.9J, 2002. Hospital by modifying existing Airspace Designations and Reporting Stephen P. Creamer, controlled airspace. The area will be Points, dated August 31, 2001, and Assistant Manager, Air Traffic Division, depicted on appropriate aeronautical effective September 16, 2001, which is Alaskan Region. charts. Class E airspace designations are incorporated by reference in 14 CFR [FR Doc. 02–5114 Filed 3–8–02; 8:45 am] published in Paragraph 6005 of FAA 71.1. The Class E airspace designation BILLING CODE 4910–13–U Order 7400.9J, dated August 31, 2002, listed in this document will be revoked and effective September 16, 2001, which and revised subsequently in the Order. is incorporated by reference in 14 CFR The FAA has determined that this DEPARTMENT OF TRANSPORTATION Sec. 71.1. The Class E airspace proposed regulation only involves an designation listed in this document will established body of technical Federal Aviation Administration be published subsequently in the order. regulations for which frequent and The Direct Final Rule Procedure routine amendments are necessary to 14 CFR Part 71 keep them operationally current. It, The FAA anticipates that this [Airspace Docket No. 01–AGL–21] therefore—(1) is not a ‘‘significant regulation will not result in adverse or regulatory action’’ under Executive Modification of Class E Airspace; negative comment and therefore is Order 12866; (2) is not a ‘‘significant Zanesville, OH issuing it as a direct final rule. A rule’’ under DOT Regulatory Policies substantial number of previous and Procedures (44 FR 11034; February AGENCY: Federal Aviation opportunities provided to the public to 26, 1979); and (3) does not warrant Administration (FAA), DOT. comment on substantially identical preparation of a regulatory evaluation as ACTION: Direct final rule; request for actions have resulted in negligible the anticipated impact is so minimal. comments. adverse comments or objections. Unless Since this is a routine matter that will a written adverse or negative comment, only affect air traffic procedures and air SUMMARY: This document modifies Class or a written notice of intent to submit navigation, it is certified that this rule, E airspace at Zanesville, OH. A Global an adverse or negative comment is when promulgated, will not have a Positioning System (GPS) Standard received within the comment period, significant economic impact on a Instrument Approach Procedure (SIAP) the regulation will become effective on substantial number of small entities 160° helicopter point in space approach, the date specified above. After the close under the criteria of the Regulatory has been developed for Bethesda of the comment period, the FAA will Flexibility Act. Hospital, Zanesville, OH. Controlled publish a document in the Federal airspace extending upward from 700 Register indicating that no adverse or List of Subjects in 14 CFR Part 71 feet above the surface is needed to negative comments were received and Airspace, Incorporation by reference, contain aircraft executing the approach. confirming the date on which the final Navigation (air). This action modifies existing controlled rule will become effective. If the FAA
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does receive, within the comment Further, the FAA has determined that That airspace extending upward from 700 period, an adverse or negative comment, this regulation is noncontroversial and feet above the surface within a 6.5-mile or written notice of intent to submit unlikely to result in adverse or negative radius of Zanesville Municipal Airport and within 7 miles east and 4.4 miles west of the such a comment, a document will be comments and only involves an ° published in the Federal Register. This Zanesville VOR/DME 220 radiul extending established body of technical from the VOR/DME to 10.5 miles southwest document may withdraw the direct final regulations that require frequent and of the VOR/DME, and within 2.4 miles either rule in whole or in part. routine amendments to keep them side of the Zanesville VOR/DME 028° radius After considering the adverse or operationally current. Therefore, I extending from the 6.5-mile radius to 7 miles negative comment, we may publish certify that this regulation (1) is not a northwest of the VOR/DME, and within a 6- another direct final rule or publish a ‘‘significant regulatory action’’ under mile radius of the Point in Space serving notice of proposed rulemaking with a Executive Order 12866; (2) is not a Bethesda Hospital. new comment period. ‘‘significant rele’’ under DOT Regulatory * * * * * Comments Invited Policies and Procedures (44 FR 11034; Issued in Des Plaines, Illinois on December February 26, 1979); and (3) if 27, 2001. Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a Nancy B. Shelton, economic impact, positive or negative, Manager, Air Traffic Division, Great Lakes notice of proposed rulemaking, on a substantial number of small entities comments are invited on this rule. Region. under the criteria of the Regulatory [FR Doc. 02–5633 Filed 3–8–02; 8:45 am] Interested persons are invited to Flexibility Act. Since this rule involves BILLING CODE 4910–13–M comment on this rule by submitting matters that will only affect air traffic such written data, views, or arguments, procedures and air navigation, it does as they may desire. Communications not warrant preparation of a Regulatory DEPARTMENT OF TRANSPORTATION should identify the Rules Docket Flexibility Analysis because the number and be submitted in triplicate to anticipated impact is so minimal. Federal Aviation Administration the address specified under the caption ADDRESSES. All communications List of Subjects in 14 CFR Part 71 14 CFR Part 71 received on or before the closing date Airspace, Incorporation by reference, for comments will be considered, and Navigation (air). [Airspace Docket No. 01–AGL–19] this rule may be amended or withdrawn in light of the comments received. Adoption of the Amendment Modification of Class E Airspace; Factual information that supports the Ashland, OH commenter’s ideas and suggestions is Accordingly, pursuant to the authority delegated to me, the Federal AGENCY: Federal Aviation extremely helpful in evaluating the Administration (FAA), DOT. effectiveness of this action and Aviation Administration amends 14 ACTION: determining whether additional CFR Part 71 as follows: Direct final rule; request for comments. rulemaking action is needed. PART 71—DESIGNATION OF CLASS A, Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND SUMMARY: This document modifies Class the overall regulatory, economic, CLASS E AIRSPACE AREAS; E airspace at Ashland, OH A Global environmental, and energy aspects of AIRWAYS; ROUTES; AND REPORTING Positioning System (GPS) Standard the rule that might suggest a need to POINTS Instrument Approach Procedure (SIAP), modify the rule. All comments 022° helicopter point in space approach, submitted will be available, both before 1. The authority citation for 14 CFR has been developed for Samaritian and after the closing date for comments, Part 71 continues to read as follows: Regional Health System, Ashland, OH. in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40102, 40113, Controlled airspace extending upward interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– from 700 feet above the surface is summarizes each FAA-public contact 1963 Comp., p. 389. needed to contain aircraft executing the concerned with the substance of this approach. This action modifies existing § 71.1 [Amended] action will be filed in the Rules Docket. controlled airspace for Ashland, OH, in Commenters wishing the FAA to 2. The incorporation by reference in order to include the point in space acknowledge receipt of their comments 14 CFR 71.1 of the Federal Aviation approach serving Samaritian Regional submitted in response to this rule must Administration Order 7400.9J, Airspace Health System. submit a self-addressed, stamped Designations and Reporting Points, DATES: 0901 UTC, August 08, 2002. postcard on which the following dated August 31, 2001, and effective statement is made: ‘‘Comments to Comments must be received on or September 16, 2001, is amended as before April 22, 2002. Docket No. 01–AGL–21.’’ The postcard follows: ADDRESSES: Send comments on the rule will be date stamped and returned to the * * * * * commenter. in triplicate to: Federal Aviation Paragraph 6005 Class E airspace areas Administration, Office of the Regional Agency Findings extending upward from 700 feet or more Counsel, AGL–7, Rules Docket No. 01– The regulations adopted herein will above the surface of the earth. AGL–19, 2300 East Devon Avenue, Des not have substantial direct effects on the * * * * * Plaines, Illinois 60018. States, on the relationship between the AGL OH E5 Zanesville, OH [Revised] The official docket may be examined national government and the States, or in the Office of the Regional Counsel, on the distribution of power and Zanesville, Zanesville Municipal Airport, OH Federal Aviation Administration, 2300 (Lat. 39°56′40″N., long 81°53′31″W.) responsibilities among the various Zanesville VOR/DME East Devon Avenue, Des Plaines, levels of government. Therefore, it is (Lat. 39°56′27″N., long. 81°53′33″W.) Illinois. An informal docket may also be determined that this final rule will not Zanesville, Bethesda Hospital, OH examined during normal business hours have federalism implications under Point in Space Coordinances at the Air Traffic Division, Airspace Executive Order 13132. (Lat. 39°59′5″N., long. 82°1′30″W.) Branch, Federal Aviation
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Administration, 2300 East Devon comment on this rule by submitting routine matters that will only affect air Avenue, Des Plaines, Illinois. such written data, views, or arguments, traffic procedures and air navigation, it FOR FURTHER INFORMATION CONTACT: as they may desire. Communications does not warrant preparation of a Denis C. Burke, Airspace Branch, AGL– should identify the Rules Docket Regulatory Flexibility Analysis because 520, Air Traffic Division, Federal number and be submitted in triplicate to the anticipated impact is so minimal. the address specified under the caption Aviation Administration, 2300 East List of Subjects in 14 CFR Part 71 Devon Avenue, Des Plaines, Illinois ADDRESSES. All communications 60018, telephone (847) 294–7568. received on or before the closing date Airspace, Incorporation by reference, for comments will be considered, and SUPPLEMENTARY INFORMATION: This Navigation (air). this rule may be amended or withdrawn amendment to 14 CFR part 71 modifies in light of the comments received. Adoption of the Amendment class E airspace at Ashland, Ohio, to Factual information that supports the accommodate aircraft executing the commenter’s ideas and suggestions is Accordingly, pursuant to the proposed GPS SIAP 022° helicopter extremely helpful in evaluating the authority delegated to me, the Federal point in space approach for Samaritian effectiveness of this action and Aviation Administration amends 14 Regional Health System by modifying determining whether additional CFR part 71 as follows: existing controlled airspace. The area rulemaking action is needed. will be depicted on appropriate Comments are specifically invited on PART 71—DESIGNATION OF CLASS A, aeronautical charts. Class E airspace the overall regulatory, economic, CLASS B, CLASS C, CLASS D, AND designations are published in Paragraph environmental, and energy aspects of CLASS E AIRSPACE AREAS; 6005 of FAA Order 7400.9J, dated the rule that might suggest a need to AIRWAYS; ROUTES; AND REPORTING August 31, 2001, and effective modify the rule. All comments POINTS September 16, 2001, which is submitted will be available, both before incorporated by reference in 14 CFR and after the closing date for comments, 1. The authority citation for 14 CFR Sec. 71.1. The Class E airspace in the Rules Docket for examination by part 71 continues to read as follows: designation listed in this document will interested persons. A report that Authority: 49 U.S.C. 106(g), 40103, 40113, be published subsequently in the order. summarizes each FAA-public contact 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– The Direct Final Rule Procedure concerned with the substance of this 1963 Comp., p. 389. action will be filed in the Rules Docket. § 71.1 [Amended] The FAA anticipates that this Commenters wishing the FAA to regulation will not result in adverse or acknowledge receipt of their comments 2. The incorporation by reference in negative comment and therefore is submitted in response to this rule must issuing it as a direct final rule. A 14 CFR 71.1 of the Federal Aviation submit a self-addressed, stamped Administration Order 7400.9J, Airspace substantial number of previous postcard on which the following opportunities provided to the public to Designations and Reporting Points, statement is made: ‘‘Comments to dated August 31, 2001, and effective comment on substantially identical Docket No. 01–AGL–19.’’ The postcard actions have resulted in negligible September 16, 2001, is amended as will be date stamped and returned to the follows: adverse comments or objections. Unless commenter. a written adverse or negative comment, * * * * * Agency Findings or a written notice of intent to submit Paragraph 6005 Class E airspace areas an adverse or negative comment is The regulations adopted herein will extending upward from 700 feet or more received within the comment period, not have substantial direct effects on the above the surface of the earth. the regulation will become effective on States, on the relationship between the * * * * * the date specified above. After the close national government and the States, or of the comment period, the FAA will on the distribution of power and AGL OH E5 Ashland, OH [Revised] publish a document in the Federal responsibilities among the various Ashland, Ashland County Airport, OH ° ′ ″ ° ′ ″ Register indicating that no adverse or levels of government. Therefore, it is (Lat. 40 54 11 N., long. 82 15 21 W.) negative comments were received and determined that this final rule will not Ashland, Samaritian Regional Health System, OH confirming the date on which the final have federalism implications under Point in Space Coordinates rule will become effective. If the FAA Executive Order 13132. (Lat. 40°50′58’’N., long. 82°18’52’’W.) does receive, within the comment Further, the FAA has determined that That airspace extending upward from 700 period, an adverse or negative comment, this regulation is noncontroversial and feet above the surface within a 6.3-mile or written notice of intent to submit unlikely to result in adverse or negative radius of the Ashland County Airport and such a comment, a document will be comments and only involves an within 2.6 miles either side of the 002° published in the Federal Register. This established body of technical bearing from the Airport extending from the document may withdraw the direct final regulations that require frequent and 6.3-mile radius to 10.4 miles north of the rule in whole or in part. routine amendments to keep them airport, and within a 6-mile radius of the operationally current. Therefore, I Point in Space serving Samaritian Regional After considering the adverse or Health System, excluding that airspace negative comment, we may publish certify that this regulation (1) is not a which lies within the Mansfield, OH, Class another direct final rule or publish a ‘‘significant regulatory action’’ under E airspace area. Executive Order 12866; (2) is not a notice of proposed rulemaking with a * * * * * new comment period. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Issued in Des Plaines, Illinois on December Comments Invited FR 11034; February 26, 1979); and (3) if 27, 2001. Although this action is in the form of promulgated, will not have a significant Nancy B. Shelton, a final rule and was not preceded by a economic impact, positive or negative, Manager, Air Traffic Division, Great Lakes notice of proposed rulemaking, on a substantial number of small entities Region. comments are invited on this rule. under the criteria of the Regulatory [FR Doc. 02–5632 Filed 3–8–02; 8:45 am] Interested persons are invited to Flexibility Act. Since this rule involves BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION August 31, 2001, and effective the rule that might suggest a need to September 16, 2001, which is modify the rule. All comments Federal Aviation Administration incorporated by reference in 14 CFR submitted will be available, both before Sec. 71.1. The Class E airspace and after the closing date for comments, 14 CFR Part 71 designation listed in this document will in the Rules Docket for examination by be published subsequently in the order. [Airspace Docket No. 01–AGL–15] interested persons. A report that The Direct Final Rule Procedure summarizes each FAA-public contact Modification of Class E Airspace; concerned with the substance of this Mount Vernon, OH The FAA anticipates that this action will be filed in the Rules Docket. regulation will not result in adverse or AGENCY: Federal Aviation negative comment and therefore is Commenters wishing the FAA to Administration (FAA), DOT. issuing it as a direct final rule. A acknowledge receipt of their comments ACTION: Direct final rule; request for substantial number of previous submitted in response to this rule must comments. opportunities provided to the public to submit a self-addressed, stamped comment on substantially identical postcard on which the following SUMMARY: This document modifies Class actions have resulted in negligible statement is made: ‘‘Comments to E airspace at Mount Vernon, OH. A adverse comments or objections. Unless Docket No. 01–AGL–15.’’ The postcard Global Positioning System (GPS) a written adverse or negative comment, will be date stamped and returned to the Standard Instrument Approach or a written notice of intent to submit commenter. Procedure (SIAP) 140° helicopter point an adverse or negative comment is in space approach, has been developed received within the comment period, Agency Findings for Knox Community Hospital, Mount the regulation will become effective on The regulations adopted herein will Vernon, OH. Controlled airspace the date specified above. After the close extending upward from 700 feet above of the comment period, the FAA will not have substantial direct effects on the the surface is needed to contain aircraft publish a document in the Federal States, on the relationship between the executing the approach. This action Register indicating that no adverse or national government and the States, or modifies existing controlled airspace for negative comments were received and on the distribution of power and Mount Vernon, OH, in order to include confirming the date on which the final responsibilities among the various the point in space approach serving rule will become effective. If the FAA levels of government. Therefore, it is Knox Community Hospital. does receive, within the comment determined that this final rule will not DATES: Effective 0901 UTC, August 08, period, an adverse or negative comment, have federalism implications under 2002. Comments must be received on or or written notice of intent to submit Executive Order 13132. before April 22, 2002. such a comment, a document will be Further, the FAA has determined that ADDRESSES: Send comments on the rule published in the Federal Register. This this regulation is noncontroversial and in triplicate to: Federal Aviation document may withdraw the direct final unlikely to result in adverse or negative Administration, Office of the Regional rule in whole or in part. comments and only involve an Counsel, AGL–7, Rules Docket No. 01– After considering the adverse or established body of technical AGL–15, 2300 East Devon Avenue, Des negative comment, we may publish regulations that require frequent and Plaines, Illinois 60018. The official another direct final rule or publish a routine amendments to keep them docket may be examined in the Office notice of proposed rulemaking with a operationally current. Therefore, I new comment period. of the Regional Counsel, Federal certify that this regulation (1) is not a Aviation Administration, 2300 East Comments Invited ‘‘significant regulatory action’’ under Devon Avenue, Des Plaines, Illinois. An Although this action is in the form of Executive Order 12866; (2) is not a informal docket may also be examined ‘‘significant rule’’ under DOT during normal business hours at the Air a final rule and was not preceded by a notice of proposed rulemaking, Regulatory Policies and Procedures (44 Traffic Division, Airspace Branch, FR 11034; February 26, 1979); and (3) if Federal Aviation Administration, 2300 comments are invited on this rule. Interested persons are invited to promulgated, will not have a significant East Devon Avenue, Des Plaines, economic impact, positive or negative, Illinois. comment on this rule by submitting such written data, views, or arguments, on a substantial number of small entities FOR FURTHER INFORMATION CONTACT: as they may desire. Communications under the criteria of the Regulatory Denis C. Burke, Airspace Branch, AGL– should identify the Rules Docket Flexibility Act. Since this rule involves 520, Air Traffic Division, Federal number and be submitted in triplicate to routine matters that will only affect air Aviation Administration, 2300 East the address specified under the caption traffic procedures and air navigation, it Devon Avenue, Des Plaines, Illinois ADDRESSES. All communications does not warrant preparation of a 60018, telephone (847) 294–7568. received on or before the closing date Regulatory Flexibility Analysis because SUPPLEMENTARY INFORMATION: This for comments will be considered, and the anticipated impact is so minimal. amendment to 14 CFR part 71 modifies this rule may be amended or withdrawn class E airspace at Mount Vernon, Ohio, in light of the comments received. List of Subjects in 14 CFR Part 71 to accommodate aircraft executing the Factual information that supports the ° Airspace, Incorporation by reference, proposed GPS SIAP 140 helicopter commenter’s ideas and suggestions is Navigation (air). point in space approach for Knox extremely helpful in evaluating the Community Hospital by modifying effectiveness of this action and Adoption of the Amendment existing controlled airspace. The area determining whether additional will be depicted on appropriate rulemaking action is needed. Accordingly, pursuant to the aeronautical charts. Class E airspace Comments are specifically invited on authority delegated to me, the Federal designations are published in Paragraph the overall regulatory, economic, Aviation Administration amends 14 6005 of FAA Order 7400.9J, dated environmental, and energy aspects of CFR part 71 as follows:
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PART 71—DESIGNATION OF CLASS A, SUMMARY: This document modifies Class adverse comments or objections. Unless CLASS B, CLASS C, CLASS D, AND E airspace at Portsmouth, OH. A Global a written adverse or negative comment, CLASS E AIRSPACE AREAS; Positioning System (GPS) Standard or a written notice of intent to submit AIRWAYS; ROUTES; AND REPORTING Instrument Approach procedure (SIAP) an adverse or negative comment is POINTS 165° helicopter point in space approach, received within the comment period, has been developed for Southern Ohio the regulation will become effective on 1. The authority citation for 14 CFR Medical Center, Portsmouth, OH. the date specified above. After the close part 71 continues to read as follows: Controlled airspace extending upward of the comment period, the FAA will Authority: 49 U.S.C. 106(g), 40103, 40113, from 700 feet above the surface is publish a document document in the 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– needed to contain aircraft executing the Federal Register indicating that no 1963 Comp., p. 389. approach. This action modifies existing adverse or negative comments were § 71.1 [Amended] controlled airspace for Portsmouth, OH, received and confirming the date on in order to include the point in space which the final rule will become 2. The incorporation by reference in approach serving Southern Ohio effective. If the FAA does receive, 14 CFR 71.1 of the Federal Aviation Medical Center Heliport. within the comment period, an adverse Administration Order 7400.9J, Airspace DATES: Effective 0901 UTC, August 08, or negative comment, or written notice Designations and Reporting Points, 2002. Comments must be received on or of intent to submit such a comment, a dated August 31, 2001, and effective before April 22, 2002. document will be published in the September 16, 2001, is amended as ADDRESSES: Send comments on the rule Federal Register. This document may follows: in triplicate to: Federal Aviation withdraw the direct final rule in whole * * * * * Administration, Office of the Regional or in part. After considering the adverse Paragraph 6005 Class E airspace areas Counsel, AGL–7, Rules Docket No. 01– or negative comment, we may publish extending upward from 700 feet or more AGL–16, 2300 East Devon Avenue, Des another direct final rule or publish a above the surface of the earth. Plaines, Illinois 60018. The official notice of proposed rulemaking with a * * * * * docket may be examined in the Office new comment period. of the Regional Counsel, Federal AGL OH E5 Mount Vernon, OH [Revised] Comments Invited Aviation Administration, 2300 East Mount Vernon, Knox Community Airport, Devon Avenue, Des Plaines, Illinois. An Although this action is in the form of OH informal docket may also be examined (Lat. 40°19′43′ N., long. 82°31′26″ W.) a final rule and was not preceded by a Appleton, OH, VORTAC during normal business hours at the Air notice of proposed rulemaking, (Lat. 40°9′4″ N., long. 82°35′18″ W.) Traffic Division, Airspace Branch, comments are invited on this rule. Mount Vernon, Knox Community Hospital, Federal Aviation Administration, 2300 Interested persons are invited to OH East Devon Avenue, Des Plaines, comment on this rule by submitting Point in Space Coordinates Illinois. such written data, views, or arguments, (Lat. 40°24′8″ N., long. 82°27′52″ W.) FOR FURTHER INFORMATION CONTACT: as they may desire. Communications That airspace extending upward from 700 should identify the Rules Docket feet above the surface within a 6.4-mile Denis C. Burke, Airspace Branch, AGL– radius of Knox County Airport and within 3 520, Air Traffic Division, Federal number and be submitted in triplicate to miles either side of the Appleton VORTAC Aviation Administration, 2300 East the address specified under the caption 015° radial from the 6.4-mile radius to the Devon Avenue, Des Plaines, Illinois ADDRESSES. All communications Appleton VORTAC, and within a 6-mile 60018, telephone (847) 294–7568. received on or before the closing date radius of the Point in Space serving Knox SUPPLEMENTARY INFORMATION: This for comments will be considered, and Community Hospital, excluding that airspace amendment to 14 CFR part 71 modifies this rule may be amended or withdrawn within the Newark, OH, Class E airspace in light of the comments received. area. class E airspace at Portsmouth, Ohio, to accommodate aircraft executing the Factual information that supports the * * * * * proposed GPS SIAP 165° helicopter commenter’s ideas and suggestions is Issued in Des Plaines, Illinois on December point in space approach for Southern extremely helpful in evaluating the 27, 2001. Ohio Medical Center Heliport by effectiveness of this action and Nancy B. Shelton, modifying existing controlled airspace. determining whether additional Manager, Air Traffic Division, Great Lakes The area will be depicted on rulemaking action is needed. Region. appropriate aeronautical charts. Class E Comments are specifically invited on [FR Doc. 02–5630 Filed 3–8–02; 8:45 am] airspace designations are published in the overall regulatory, economic, BILLING CODE 4910–13–M Paragraph 6005 of FAA Order 7400.9J, environmental, and energy aspects of dated August 31, 2001, and effective the rule that might suggest a need to September 16, 2001, which is modify the rule. All comments DEPARTMENT OF TRANSPORTATION incorporated by reference in 14 CFR submitted will be available, both before Sec. 71.1. The Class E airspace and after the closing date for comments, Federal Aviation Administration designation listed in this document will in the Rules Docket for examination by be published subsequently in the order. interested persons. A report that 14 CFR Part 71 summarizes each FAA-public contact [Airspace Docket No. 01–AGL–16] The Direct Final Rule Procedure concerned with the substance of this The FAA anticipates that this action will be filed in the Rules Docket. Modification of Class E Airspace; regulation will not result in adverse or Commenters wishing the FAA to Portsmouth, OH negative comment and therefore is acknowledge receipt of their comments AGENCY: Federal Aviation issuing it as a direct final rule. A submitted in response to this rule must Administration (FAA), DOT. substantial number of previous submit a self-addressed, stamped opportunities provided to the public to postcard on which the following ACTION: Direct final rule; request for comment on substantially identical statement is made: ‘‘Comments to comments. actions have resulted in negligible Docket No. 01–AGL–16.’’ The postcard
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will be date stamped and returned to the September 16, 2001, is amended as DATES: Effective 0901 UTC, August 08, commenter. follows: 2002. Comments must be received on or before April 22, 2002. Agency Findings * * * * * ADDRESSES: Send comments on the rule Paragraph 6005 Class E airspace areas The regulations adopted herein will extending upward from 700 feet or more in triplicate to: Federal Aviation not have substantial direct effects on the above the surface of the earth. Administration, Office of the Regional Counsel, AGL–7 Rules Docket No. 01– States, on the relationship between the * * * * * national government and the States, or AGL–20, 2300 East Devon Avenue, Des on the distribution of power and AGL OH E5 Portsmouth, OH [Revised] Plaines, Illinois 60018. The official responsibilities among the various Portsmouth, Greater Portsmouth Regional docket may be examined in the Office levels of government. Therefore, it is Airport, OH of the Regional Counsel, Federal determined that this final rule will not (Lat. 38°50′25″ N., long. 82°50′51″ W.) Aviation Administration, 2300 East Portsmouth NDB Devon Avenue, Des Plaines, Illinois. An have federalism implications under ° ′ ″ ° ′ ″ Executive Order 13132. (Lat. 38 46 54 N., long. 82 50 42 W.) informal docket may also be examined Portsmouth, Southern Ohio Medical Center, during normal business hours at the Air Further, the FAA has determined that OH Traffic Division, Airspace Branch, this regulation is noncontroversial and Point in Space Coordinates Federal Aviation Administration, 2300 unlikely to result in adverse or negative (Lat. 38°45′5″ N., long. 83°00′19″ W.) East Devon Avenue, Des Plaines, comments and only involves an That airspace extending upward from 700 Illinois. established body of technical feet above the surface within a 6.4-mile regulations that require frequent and radius of the Greater Portsmouth Regional FOR FURTHER INFORMATION CONTACT: Airport and within 2.7 miles each side of the routine amendments to keep them ° Denis C. Burke, Airspace Branch, AGL– 178 bearing from the Portsmouth NDB 520, Air Traffic Division, Federal operationally current. Therefore, I extending from the 6.4-mile radius to 10.4 certify that this regulation (1) is not a miles south of the airport, and within a 6.0- Aviation Administration, 2300 East ‘‘significant regulatory action’’ under mile radius of the Point in Space serving Devon Avenue, Des Plaines, Illinois Executive Order 12866; (2) is not a Southern Ohio Medical Center. 60018, telephone (847) 294–7568. ‘‘significant rule’’ under DOT * * * * * SUPPLEMENTARY INFORMATION: This Regulatory Policies and Procedures (44 amendment to 14 CFR part 71 modifies Issued in Des Plaines, Illinois on December Class E airspace at Washington Court FR 11034; February 26, 1979); and (3) if 27, 2001. promulgated, will not have a significant House, Ohio, to accommodate aircraft Nancy B. Shelton, economic impact, positive or negative, executing the proposed GPS SIAP 305° on a substantial number of small entities Manager, Air Traffic Division, Great Lakes helicopter point in space approach for Region. under the criteria of the Regulatory Fayette County Memorial Hospital by Flexibility Act. Since this rule involves [FR Doc. 02–5629 Filed 3–8–02; 8:45 am] modifying existing controlled airspace. routine matters that will only affect air BILLING CODE 4910–13–M The area will be depicted on traffic procedures and air navigation, it appropriate aeronautical charts. Class E does not warrant preparation of a airspace designations are published in DEPARTMENT OF TRANSPORTATION Regulatory Flexibility Analysis because Paragraph 6005 of FAA Order 7400.9J, the anticipated impact is so minimal. Federal Aviation Administration dated August 31, 2001, and effective September 16, 2001, which is List of Subjects in 14 CFR Part 71 14 CFR Part 71 incorporated by reference in 14 CFR Airspace, Incorporation by reference, Sec. 71.1. The Class E airspace Navigation (air). designation listed in this document will [Airspace Docket No. 01–AGL–20] be published subsequently in the order. Adoption of the Amendment Modification of Class E Airspace; The Direct Final Rule Procedure Accordingly, pursuant to the Washington Court House, OH The FAA anticipates that this authority delegated to me, the Federal regulation will not result in adverse or AGENCY: Federal Aviation Aviation Administration amends 14 negative comment and therefore is Administration (FAA), DOT. CFR part 71 as follows: issuing it as a direct final rule. A ACTION: Direct final rule; request for substantial number of previous PART 71—DESIGNATION OF CLASS A, comments. opportunities provided to the public to CLASS B, CLASS C, CLASS D, AND comment on substantially identical CLASS E AIRSPACE AREAS; SUMMARY: This document modifies Class actions have resulted in negligible AIRWAYS; ROUTES; AND REPORTING E airspace at Washington Court House, adverse comments or objections. Unless POINTS OH. A Global Positioning System (GPS) a written adverse or negative comment, Standard Instrument Approach or a written notice of intent to submit 1. The authority citation for 14 CFR Procedure (SIAP) 305° helicopter point an adverse or negative comment is part 71 continues to read as follows: in space approach, has been developed received within the comment period, Authority: 49 U.S.C. 106(g), 40103, 40113, for Fayette County Memorial Hospital, the regulation will become effective on 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– Washington Court House, OH. the date specified above. After the close 1963 Comp., p. 389. Controlled airspace extending upward of the comment period, the FAA will § 71.7 [Amended] from 700 feet above the surface is publish a document in the Federal needed to contain aircraft executing the Register indicating that no adverse or 2. The incorporation by reference in approach. This action modifies existing negative comments were received and 14 CFR 71.1 of the Federal Aviation controlled airspace for Washington confirming the date on which the final Administration Order 7400.9J, Airspace Court House, OH, in order to include rule will become effective. If the FAA Designations and Reporting Points, the point in space approach serving does receive, within the comment dated August 31, 2001, and effective Fayette County Memorial Hospital. period, an adverse or negative comment,
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or written notice of intent to submit unlikely to result in adverse or negative That airspace extending upward from 700 such a comment, a document will be comments and only involves an feet above the surface within a 6.5-mile radious of the Fayette County Airport and published in the Federal Register. This established body of technical ° document may withdraw the direct final regulations that require frequent and within 6.4 miles either side of the 037 rule in whole or in part. bearing from the Court House NDB, routine amendments to keep them extending from the 6.5-mile radius to 7 miles After considering the adverse or operationally current. Therefore, I northeast of the NDB, and within 2.2 miles negative comment, we may publish certify that this regulation (1) is not a either side of the 037° bearing from the Court another direct final rule or publish a ‘‘significant regulatory action’’ under House NDB, extending from the 6.5-mile notice of proposed rulemaking with a Executive Order 12866; (2) is not a radius to 10 miles northeast of the NDB and new comment period. ‘‘significant rule’’ under DOT within a 6 mile radius of the Point in Space serving Fayette County Memorial Hospital. Comments Invited Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) if * * * * * Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a Issued in Des Plaines, Illinois on December economic impact, positive or negative, 27, 2001. notice of proposed rulemaking, on a substantial number of small entities comments are invited on this rule. Nancy B. Shelton, under the criteria of the Regulatory Manager, Air Traffic Division, Great Lakes Interested persons are invited to Flexibility Act. Since this rule involves comment on this rule by submitting Region. routine matters that will only affect air [FR Doc. 02–5628 Filed 3–8–02; 8:45 am] such written data, views, or arguments, traffic procedures and air navigation, it BILLING CODE 4910–13–M as they may desire. Communications does not warrant preparation of a should identify the Rules docket Regulatory Flexibility Analysis because number and be submitted in triplicate to the anticipated impact is so minimal. the address specified under the caption DEPARTMENT OF TRANSPORTATION List of Subjects in 14 CFR Part 71 ADDRESSES. All communications Federal Aviation Administration received on or before the closing date Airspace, Incorporation by reference, for comments will be considered, and Navigation (air). 14 CFR Part 71 this rule may be amended or withdrawn in light of the comments received. Adoption of the Amendment [Airspace Docket No. 01–AGL–18] Factual information that supports the Accordingly, pursuant to the Establishment of Class E Airspace; commenter’s ideas and suggestions is authority delegated to me, the Federal Flint, MI extremely helpful in evaluating the Aviation Administration amends 14 effectiveness of this action and CFR Part 71 as follows: AGENCY: Federal Aviation determining whether additional Administration (FAA), DOT. rulemaking action is needed. PART 71—DESIGNATION OF CLASS A, ACTION: Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND Direct final rule; request for the overall regulatory, economic, CLASS E AIRSPACE AREAS; comments. environmental, and energy aspects of AIRWAYS ROUTES; AND REPORTING SUMMARY: This document establishes the rule that might suggest a need to POINTS Class E airports at Flint, Bishop modify the rule. All comments 1. The authority citation for 14 CFR International Airport, MI. Bishop submitted will be available, both before Part 71 continues to read as follows: International Airport is served by and after the closing date for comments, Federal Aviation Regulations Part 135 in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40103, 40113, (14 CFR 135) air taxi operations, and interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR 1959– 1963 Comp., p. 389. Federal Aviation Regulations Part 121 summarizes each FAA-public contact (14 CFR 121) air carrier operations. concerned with the substance of this § 71.1 [Amended] Controlled airspace extending upward action will be filed in the Rules Docket. from the surface is needed to contain Commenters wishing the FAA to 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation aircraft executing instrument flight acknowledge receipt of their comments procedures and provide a safer submitted in response to this rule must Administration Order 7400.9J, Airspace Designations and Reporting Points, operating environment when the control submit a self-addressed, stamped tower is closed. The airport meets the postcard on which the following dated August 31, 2001, and effective September 16, 2001, is amended as minimum communications and weather statement is made: ‘‘Comments to observation and reporting requirements Docket No. 01–AGL–20.’’ The postcard follows: * * * * * for controlled airspace extending will be date stamped and returned to the upward from the surface. This action commenter. Paragraph 6005 Class E airspace areas creates controlled airspace with a 4.4- Agency Findings extending upward from 700 feet or more mile radius for this airport. above the surface of the earth. DATES: Effective 0901 UTC, August 8, The regulations adopted herein will * * * * * not have substantial direct effects on the 2002. Comments must be received on or States, on the relationship between the AGL OH E5 Washington Court House, OH before April 22, 2002. national government and the States, or [Revised] ADDRESSES: Send comments on the rule on the distribution of power and Washington Court House, Fayette County in triplicate to: Federal Aviation Airport, OH Administration, Office of the Regional responsibilities among the various ° ′ ″ ° ′ ″ levels of government. Therefore, it is (Lat. 39 34 13 N., long. 83 25 14 W.) Counsel, AGL–7, Rules Docket No. 01– Court House NDB AGL–18, 2300 East Devon Avenue, Des determined that this final rule will not (Lat. 39°35′58″ N., long. 83°23′32″ W.) have federalism implications under Washington County Court House, Fayette Plaines, Illinois 60018. The official Executive Order 13132. County Memorial Hospital, OH docket may be examined in the Office Further, the FAA has determined that Point in Space Coordinates of the Regional Counsel, Federal this regulation is noncontroversial and (Lat. 39°32′18″ N., long. 82°25′15″ W.) Aviation Administration, 2300 East
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Devon Avenue, Des Plaines, Illinois. An Comments Invited Regulatory Policies and Procedures (44 informal docket may also be examined Although this action is in the form of FR 11034; February 26, 1979); and (3) if during normal business hours at the Air a final rule and was not preceded by a promulgated, will not have a significant Traffic Division, Airspace Branch, notice of proposed rulemaking, economic impact; positive or negative, Federal Aviation Administration, 2300 comments are invited on this rule. on a substantial number of small entities East Devon Avenue, Des Plaines, Interested persons are invited to under the criteria of the Regulatory Illinois. comment on this rule by submitting Flexibility Act. Since this rule involves FOR FURTHER INFORMATION CONTACT: such written data, views, or arguments, routine matters that will only affect air Denis C. Burke, Airspace Branch, AGL– as they may desire. Communications traffic procedures and air navigation, it 520, Air Traffic Division, Federal should identify the Rules Docket does not warrant preparation of a Aviation Administration, 2300 East number and be submitted in triplicate to Regulatory Flexibility Analysis because Devon Avenue, Des Plaines, Illinois the address specified under the caption the anticipated impact is so minimal. 60018, telephone (847) 294–7568. ADDRESSES. All communications List of Subjects in 14 CFR Part 71 SUPPLEMENTARY INFORMATION: This received on or before the closing date Airspace, Incorporation by reference, amendment to 14 CFR part 71 for comments will be considered, and Navigation (air). establishes Class E airspace at Flint, this rule may be amended or withdrawn Bishop International Airport, MI, to in light of the comments received. Adoption of the Amendment accommodate part 135 air taxi aircraft, Factual information that supports the Accordingly, pursuant to the and part 121 air carrier aircraft commenter’s ideas and suggestions is authority delegated to me, the Federal instrument flight rules procedures extremely helpful in evaluating the Aviation Administration amends 14 during periods when the control tower effectiveness of this action and CFR part 71 as follows: is closed. The area will be depicted on determining whether additional appropriate aeronautical charts. Class E rulemaking action is needed. PART 71—DESIGNATION OF CLASS A, airspace designations for airspace areas Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND extending upward from the surface of the overall regulatory, economic, CLASS E AIRSPACE AREAS; the earth are published in Paragraph environmental, and energy aspects of AIRWAYS; ROUTES; AND REPORTING 6002 of FAA Order 7400.9J, dated the rule that might suggest a need to POINTS August 31, 2001, and effective modify the rule. All comments September 16, 2001, which is submitted will be available, both before 1. The authority citation for 14 CFR incorporated by reference in 14 CFR and after the closing date for comments, part 71 continues to read as follows: Sec. 71.1. The Class E airspace in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40103, 40113, designation listed in this document will interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– be published subsequently in the order. summarizes each FAA-public contact 1963 Comp., p. 389. concerned with the substance of this The Direct Final Rule Procedure action will be filed in the Rules Docket. § 71.1 [Amended] The FAA anticipates that this Commenters wishing the FAA to 2. The incorporation by reference in regulation will not result in adverse or acknowledge receipt of their comments 14 CFR 71.1 of the Federal Aviation negative comment and therefore is submitted in response to this rule must Administration Order 7400.9J, Airspace issuing it as a direct final rule. A submit a self-addressed, stamped Designations and Reporting Points, substantial number of previous postcard on which the following dated August 31, 2001, and effective opportunities provided to the public to statement is made: ‘‘Comments to September 16, 2001, is amended as comment on substantially identical Docket No. 01–AGL–18.’’ The postcard follows: actions have resulted in negligible will be date stamped and returned to the * * * * * adverse comments or objections. Unless commenter. a written adverse or negative comment, Agency Findings Paragraph 6002 Class E airspace areas or a written notice of intent to submit designated as a surface area. an adverse or negative comment is The regulations adopted herein will * * * * * received within the comment period, not have substantial direct effects on the the regulation will become effective on States, on the relationship between the AGL MI E2 Flint, MI [New] the date specified above. After the close national government and the States, or Flint, Bishop International Airport, MI of the comment period, the FAA will on the distribution of power and (Lat. 42°57′56″ N., long. 83°44′37″ W.) publish a document in the Federal responsibilities among the various That airspace extending upward from the Register indicating that no adverse or levels of government. Therefore, it is surface within a 4.4-mile radius of the Flint, Bishop International Airport. negative comments were received and determined that this final rule will not This Class E airspace area is effective confirming the date on which the final have federalism implications under during the specific dates and times rule will become effective. If the FAA Executive Order 13132. established in advance by Notice to airmen. does receive, within the comment Further, the FAA has determined that The effective date and time will thereafter be period, an adverse or negative comment, this regulation is noncontroversial and continuously published in the Airport/ or written notice of intent to submit unlikely to result in adverse or negative Facility Directory. such a comment, a document will be comments and only involves an * * * * * published in the Federal Register. This established body of technical document may withdraw the direct final regulations that require frequent and Issued in Des Plaines, Illinois on December rule in whole or in part. After routine amendments to keep them 27, 2001. considering the adverse or negative operationally current. Therefore, I Nancy B. Shelton, comment, we may publish another certify that this regulation (1) is not a Manager, Air Traffic Division, Great Lakes direct final rule or publish a notice of ‘‘significant regulatory action’’ under Region. proposed rulemaking with a new Executive Order 12866; (2) is not a [FR Doc. 02–5627 Filed 3–8–02; 8:45 am] comment period. ‘‘significant rule’’ under DOT BILLING CODE 4910–13–M
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DEPARTMENT OF TRANSPORTATION published in paragraph 6005 of FAA Paragraph 6005 Class E airspace areas Order 7400.9J, dated August 31, 2001, extending upward from 700 feet or more Federal Aviation Administration and effective September 16, 2001, which above the surface of the earth. is incorporated by reference in 14 CFR * * * * * 14 CFR Part 71 71.1. The Class E airspace designation AWP CA E5 Twentynine Palms, CA [Airspace Docket No. 01–AWP–30] listed in this document will be [Revised] published subsequently in the Order. Twentynine Palms Airport, CA ° ′ ″ ° ′ ″ Modification of Class E Airspace; The Rule (Lat. 34 07 56 N, long. 115 56 45 W.) Twentynine Palms, CA That airspace extending upward from 700 This amendment to 14 CFR part 71 feet above the surface within a 6.6 mile AGENCY: Federal Aviation modifies the Class E airspace area at radius of the Twentynine Palms Airport. That Administration (FAA), DOT. Twentynine Palms, CA. The airspace extending upward from 1200 feet ACTION: Final Rule. establishment of a RNAV (GPS) RWY 26 above the surface bounded by a line beginning at lat. 34°17′00″ N, long. SIAP to Twentynine Palms Airport has ° ′ ″ ° ′ ″ SUMMARY: This action modifies the Class 115 25 03 W.; to lat. 33 28 00 N, long. made this action necessary. The effect of ° ′ ″ ° ′ ″ E airspace area at Twentynine Palms, 115 25 03 W.; to lat. 33 28 00 N, long. this action will provide adequate 116°18′03″ W.; to lat. 34°17′00″ W, long. CA. The establishment of an Area airspace for aircraft executing the RNAV 116°18′03″ W., thence to the point of Navigation (RNAV) Global Positing (GPS) RWY 26 SIAP to Twentynine beginning; excluding that airspace within System (GPS) Standard Instrument Palms Airport, Twentynine Palms, CA. Restricted Areas R–2501E, R–2501S, and R– Approach Procedure (SIAP) RNAV The FAA has determined that this 2507. (GPS) Runway (RWY) 26 SIAP to regulation only involves an established * * * * * Twentynine Palms Airport, Twentynine body of technical regulations for which Issued in Los Angeles, California, on Palms, CA has made action necessary. frequent and routine amendments are February 22, 2002. Additional controlled airspace necessary to keep them operationally John Clancy, extending upward from 700 feet or more current. Therefore, this regulation—(1) Manager, Air Traffic Division, Western-Pacific above the surface of the earth is needed is not a ‘‘significant regulatory action’’ Region. to contain aircraft executing the RNAV under Executive Order 12866; (2) is not [FR Doc. 02–5814 Filed 3–8–02; 8:45 am] (GPS) RWY 26 SIAP to Twentynine a ‘‘significant rule’’ under DOT BILLING CODE 4910–13–M Palms Airport. The intended effect of Regulatory Policies and Procedures (44 this action is to provide adequate FR 11034; February 26, 1979); and (3) controlled airspace for Instrument Flight does not warrant preparation of a DEPARTMENT OF DEFENSE Rules operations at Twentynine Palms Regulatory Evaluation as the anticipated Airport, Twentynine Palms, CA. impact is so minimal. Since this is a Department of the Army, Corps of EFFECTIVE DATE: 0901 UTC April 18, routine matter that will only affect air Engineers 2002. traffic procedures and air navigation, it FOR FURTHER INFORMATION CONTACT: Jeri is certified that this rule will not have 33 CFR Part 334 Carson, Airspace Specialist, Airspace a significant economic impact on a Branch, AWP–520, Air Traffic Division, substantial number of small entities United States Navy Restricted Area, Western-Pacific Region, Federal under the criteria of the Regulatory Hampton Roads and Willoughby Bay, Aviation Administration, 15000 Flexibility Act. Virginia Aviation Boulevard, Lawndale, List of Subjects in 14 CFR Part 71 AGENCY: United States Army Corps of California 90261, telephone (310) 725– Engineers, DoD. 6611. Airspace, Incorporation by reference, Navigation (air). ACTION: Final rule. SUPPLEMENTARY INFORMATION: Adoption of the Amendment SUMMARY: The U.S. Army Corps of History Engineers is amending its regulations In consideration of the foregoing, the On January 22, 2002, the FAA which establish a restricted area in Federal Aviation Administration proposed to amend 14 CFR part 71 by waters adjacent to the Norfolk Naval amends 14 CFR part 71 as follows: modifying the Class E airspace area at Base at Norfolk, Virginia. This amendment will close off an open area Twentynine Palms, CA (67 FR 2836). PART 71—DESIGNATION OF CLASS A, on the south side of the base and Additional controlled airspace CLASS B, CLASS C, CLASS D, AND changes the enforcement responsibility extending upward from 700 feet or more CLASS E AIRSPACE AREAS; ROUTES; from the base commander to the above the surface is needed to contain AND REPORTING POINTS. aircraft executing the RNAV (GPS) RWY Commander, Navy Region, Mid- 26 SIAP to Twentynine Palms Airport. 1. The authority citation for 14 CFR Atlantic. The regulations are necessary This action will provide adequate part 71 continues to read as follows: to safeguard Navy vessels and United States Government facilities from controlled airspace for aircraft executing Authority: 49 U.S.C. 106(g), 40103, 40113, the RNAV (GPS) RWY 26 SIAP to sabotage and other subversive acts, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– accidents, or incidents of similar nature. Twentynine Palms Airport, Twentynine 1963 Comp., p. 389; 14 CFR 11.69. Palms, CA. These regulations are also necessary to Interested parties were invited to § 71.1 [Amended] protect the public from potentially participate in this rulemaking, 2. The incorporation by reference in hazardous conditions which may exist proceeding by submitting written 14 CFR 71.1 of the Federal Aviation as a result of Navy use of the area. comments on the proposal to the FAA. Administration Order 7400.9J, Airspace EFFECTIVE DATE: April 10, 2002. No comments to the proposal were Designations and Reporting Points, ADDRESSES: U.S. Army Corps of received. Class E airspace designations dated August 31, 2001, and effective Engineers, ATTN: CECW–OR, 441 G for airspace extending from 700 feet or September 16, 2001, is amended as Street, NW., Washington, DC 20314– more above the surface of the earth are follows: 1000.
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FOR FURTHER INFORMATION CONTACT: Mr. Act. We have also found under section to a point on the eastern limit of Norfolk Frank Torbett, Headquarters Regulatory 203 of the Act, that small Governments Harbor Channel at latitude 36°56′41.5″ Branch, Washington, DC at (202) 761– will not be significantly and uniquely N, longitude 76°20′05.5″ W; thence 4618, or Mr. Rick Henderson, Corps of affected by this rulemaking. northerly along the eastern limit of Engineers, Norfolk District, Regulatory Norfolk Harbor Channel to latitude e. Submission to Congress and the Branch, at (757) 441–7653. 36°57′52″ N, longitude 76°20′00″ W; General Accounting Office SUPPLEMENTARY INFORMATION: Pursuant thence easterly to latitude 36°57′52″ N, to its authorities in section 7 of the Pursuant to Section 801(a)(1)(A) of the longitude 76°19′35″ W; thence to Rivers and Harbors Act of 1917 (40 Stat. Administrative Procedure Act, as latitude 36°57′47.7″ N., longitude 266; 33 U.S.C. 1) and Chapter XIX, of amended by the Small Business 73°18′57″ W; thence southeasterly to the Army Appropriations Act of 1919 Regulatory Enforcement Fairness Act of latitude 36°57′26″ N, longitude (40 Stat. 892; 33 U.S.C. 3) the Corps is 1996, the Army has submitted a report 76°18′42″ W; thence easterly to latitude amending the restricted area regulations containing this Rule to the U.S. Senate, 36°57′26.2″ N, longitude 76°17′55.2″ W; in 33 CFR part 334 by amending section the U.S. House of Representatives, and thence southerly to latitude 36°57′05″ N, 334.300 which establishes a restricted the Comptroller General of the General longitude 76°17′52″ W; thence area in waters adjacent to the Norfolk Accounting Office. This Rule is not a southeasterly to latitude 36°56′56.2″ N, Naval Base at Norfolk, Virginia. major Rule within the meaning of longitude 76°17′27″ W; thence Section 804(2) of the Administrative northeasterly to latitude 36°57′10″ N, Procedural Requirements Procedure Act, as amended. longitude 76°16′29″ W; and thence to ° ′ ″ a. Review Under Executive Order 12866 List of Subjects in 33 CFR Part 334 the shoreline at latitude 36 57 18.8 N, longitude 76°16′22″ W, at the Naval Air This rule is issued with respect to a Danger zones, Marine safety, Station. military function of the Defense Navigation (water), Restricted areas, (b) The regulation. No vessel or Department and the provisions of Waterways. persons may enter the restricted area Executive Order 12866 do not apply. For the reasons set out in the unless specific authorization is granted b. Review Under the Regulatory preamble, the Corps amends 33 CFR by the Commander, Navy Region, Mid- Flexibility Act part 334 as follows: Atlantic and/or other persons or agencies as he/she may designate. This rule has been reviewed under the PART 334—DANGER ZONE AND (c) Enforcement. The regulation in Regulatory Flexibility Act (Public Law RESTRICTED AREA REGULATIONS this section, promulgated by the United 96–354) which requires the preparation States Army Corps of Engineers, shall be of a regulatory flexibility analysis for 1. The authority citation for part 334 enforced by the Commander, Navy any regulation that will have a continues to read as follows: Region, Mid-Atlantic, and/or such significant economic impact on a Authority: 40 Stat. 266 (33 U.S.C. 1) and agencies or persons as he/she may substantial number of small entities 40 Stat. 892 (33 U.S.C. 3). designate. (i.e., small businesses and small 2. Revise §334.300 to read as follows: governments). The Corps expects that Dated: February 7, 2002. the economic impact of this restricted § 334.300 Hampton Roads and Willoughby Charles M. Hess, Bay, Norfolk Naval Base, Naval Restricted area would have practically no impact Chief, Operations Division, Directorate of Area, Norfolk, Virginia on the public, no anticipated Civil Works. navigational hazard or interference with (a) The area. (1) The waters within an [FR Doc. 02–5654 Filed 3–8–02; 8:45 am] ° ′ ″ existing waterway traffic and area beginning at latitude 36 55 55 N, ° ′ ″ BILLING CODE 3710–92–P accordingly, certifies that this proposal longitude 76 20 02 W; thence ° ′ ″ will have no significant economic northwesterly to latitude 36 56 00 N, ° ′ ″ impact on small entities. longitude 76 20 08 W; thence northerly ENVIRONMENTAL PROTECTION along the eastern limit of Norfolk Harbor AGENCY c. Review Under the National Channel to latitude 36°57′52″ N, Environmental Policy Act longitude 76°20′00″ W; thence easterly 40 CFR Parts 51, 52, 96, and 97 The Norfolk District has prepared an to latitude 36°57′52″ N, longitude Environmental Assessment (EA) for this 76°19′35″ W; thence to latitude [FRL–7156–3] 36°57′47.7″ N, 76°18′57″ W; thence action. We have concluded, based on Availability of Additional Documents southeasterly to latitude 36°57′26″ N, the minor nature of the proposed for the Response to the Remands in longitude 76°18′42″ W; thence easterly additional restricted area regulations, the Ozone Transport Cases to latitude 36°57′26.2″ N, longitude that this action will not have a Concerning the Method for Computing 76°17′55.2″ W; thence southerly to significant impact to the quality of the Growth for Electric Generating Units human environment, and preparation of latitude 36°57′05″ N, longitude an Environmental Impact Statement 76°17′52″ W; thence southeasterly to AGENCY: Environmental Protection (EIS) is not required. The EA may be latitude 36°56′56.2″ N, longitude Agency (EPA). ° ′ ″ reviewed at the Norfolk District office 76 17 27 W; thence northeasterly to ACTION: Notice of data availability for ° ′ ″ ° ′ ″ listed at the end of FOR FURTHER latitude 36 57 10 N, latitude 76 16 29 the NOX SIP Call and the section 126 INFORMATION CONTACT, above. W; thence to the shoreline at latitude rule. 36°57′18.8″ N, longitude 76°16′22″ W at d. Unfunded Mandates Act the Naval Air Station. SUMMARY: The EPA is providing notice This rule does not impose an (2) Beginning at a point on the Naval that it has placed in the dockets for the enforceable duty among the private Station shore at latitude 36°56′37.5″ N, two main rulemakings concerning sector and, therefore, is not a Federal longitude 76°19′44″ W; thence westerly ozone-smog transport in the eastern part private sector mandate and is not and northerly along the breakwater to its of the United States—the Nitrogen subject to the requirements of Section extremity at latitude 36°56′41.5″ N, Oxides State Implementation Plan Call 202 or 205 of the Unfunded Mandates longitude 76°19′54″ W; thence westerly (NOX SIP Call) and the Section 126
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Rule—additional data relevant to the Docket No. A–97–43. These new in Yearly Fossil Fuel Heat Input— remands by the U.S. Court of Appeals documents, and other documents Electric Utilities.’’ (Feb. 22, 2002) for the District of Columbia Circuit (D.C. relevant to these rulemakings, are XV C–07 Press releases on nuclear Circuit) concerning growth rates for available for inspection at the Docket uprates in IL. seasonal heat input by electric Office, located at 401 M Street SW., generating units (EGUs). In both the Room M–1500, Washington, DC 20460, XV C–08 Press releases on repowering coal units to combined cycle units in NOX SIP Call and Section 126 between 8:00 a.m. and 5:30 p.m., rulemakings, EPA determined control Monday through Friday, excluding legal IN. obligations with respect to EGUs holidays. A reasonable fee may be XV C–09 Press release on boiler through the same computation, which charged for copying. Some of the optimization. included, as one component, estimates documents have also been made, or will XV C–10 1995–2001 ozone season heat of growth in heat input by the EGUs shortly be made, available in electronic input data for EGUs in the following from 1996 to 2007. In two cases decided form at the following EPA website: States: AL, CT, DC, DE, GA, IL, IN, last year challenging the Section 126 http://www.epa.gov/airmarkets/fednox/ KY, MA, MD, MI, MO, NC, NJ, NY, rulemaking and a pair of rulemakings 126noda2/index.html. OH, PA, RI, SC, TN, VA, and WV, that made technical corrections to the FOR FURTHER INFORMATION CONTACT: including: NO SIP Call, the D.C. Circuit X Questions concerning today’s document considered challenges to EPA’s (a) For 1995—2000, this data is on a should be directed to Kevin Culligan, calculation of the growth estimate and unit-by-unit basis for all units. Office of Atmospheric Programs, Clean its use of growth factors. In virtually (b) For 2001, data for acid rain units Air Markets Division, 6204M, 1200 identical decisions, the Court remanded is based on monitoring location and has Pennsylvania Ave. NW., Washington, the growth component to EPA for a not been converted to a unit-by-unit DC 20004, telephone (202) 564–9172, e- better response to certain data presented basis. All data for acid rain units is mail [email protected]; or Howard by the affected States and industry based on data reported to EPA. For other J. Hoffman, Office of General Counsel, concerning actual heat input, and for a units it is based on data reported to EIA 2344A, 1200 Pennsylvania Ave. NW., better explanation of EPA’s or data reported to EPA as part of the Washington, DC 20004, telephone (202) methodology. The EPA is in the process SIP Call/Section 126 rulemaking 564–5582, e-mail of responding to those remands. proccess. On August 3, 2001, EPA published a [email protected]. General notice of data availability announcing questions about the Section 126 Rule or XV C–11 Press release documenting off- the placement, in the dockets for the the NOX SIP Call may be directed to Jan line status of Cook Units 1 and 2. King, Office of Air Quality Planning and NOX SIP Call and Section 126 Rule, of XV C–12 Summary of EIA Electric Sales new data concerning EGU growth rates Standards, Air Quality Strategies and Data for the 1995 through 2001 ozone (66 FR 40609 (NODA–1)). In NODA–1, Standards Division, C539–02, Research season. EPA articulated its preliminary view Triangle Park, NC, 27711, telephone (919) 541–5665, e-mail XV C–13 Northeast Electric Reliability that its growth calculations were Council Map. reasonable and could be supported with [email protected]. a more robust explanation that takes XV C–14 EIA Inventory of Electric SUPPLEMENTARY INFORMATION: The EPA Utility Power Plants in the US, 1999. into account the Court’s concerns. has placed, or will shortly place, the XV C–15 EIA Inventory of Electric Today’s document informs that EPA information described below in the NO X Utility Power Plants in the US, 1998. is considering additional data that it has SIP Call rulemaking docket, A–96–56; recently placed, or will soon place, in and is incorporating it by reference into XV C–16 EIA Inventory of Electric the docket for the NOX SIP Call Rule, the Section 126 rulemaking docket, A– Utility Power Plants in the US, 1997. Docket A–96–56, and that have been 97–43. incorporated by reference in the docket (For XV C–14, XV C–15, and XV C–16 for the Section 126 Rule, Docket No. XV C–01 U.S. Department of Energy web above, see website http://www/ A–97–43. pages—21 SIP Call States—‘‘Estimates eia.doe.gov/cneaf/electricity/ipp/ By March 29, 2002, EPA intends to of Energy Input at Electric Utilities, ippbackissues.html). determine whether it will confirm its 1960–1999’’ from www.eia.doe.gov/ XV C–17 EPA Region 4 National preliminary view that the growth emeu/sep/__/consum/eu.htm __ Combustion Turbine Spreadsheet calculations were reasonable, or change where is the 2 letter identifier for maintained at http://www.epa.gov/ those calculations. If EPA decides to each State. region4/air/permits/ confirm the growth calculations, it XV C–02 U.S. Department of Energy; national_ct_list.xls) as of February intends to complete its response to the Energy Information Administration 2002. Court’s remands by that date. (EIA); Electric Power Annual 1999 Detailed background information Volume 1—August 2000. The EPA may place additional documents in the docket, and if EPA describing the rulemakings, court XV C–03 Department of Energy; Energy does so, EPA will announce their decisions, and remands may be found in Information Administration; Electric availability by posting a notice on the NODA–1. Power Annual 2000 Volume 1— http://www.epa.gov/airmarkets/fednox/ DATES: Documents were placed in the August 2001. Available at 126noda2/index.html website. docket on or about February 28, 2002. www.eia.doe.gov/cneaf/electricity/ ADDRESSES: Copies of all of the epav1/epav1.pdf. Dated: February 28, 2002. documents have been placed, or will XV C–05 Memorandum from Bill John D. Bachman, shortly be placed, in the docket for the Neuffer to Docket (Feb. 22, 2002): Acting Director, Office of Air Quality Planning NOX SIP Call rule, Docket No. A–96–56, Excel spreadsheets—21 SIP call and Standards. and have been incorporated by reference States—Yearly Utility Fossil Heat [FR Doc. 02–5742 Filed 3–8–02; 8:45 am] in the docket for the Section 126 Rule, inputs;’’ ‘‘Summary of 8 Yr Decreases BILLING CODE 6560–50–P
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FEDERAL COMMUNICATIONS Joint Board input will be beneficial for rural mechanisms function together. COMMISSION consideration of the issues on remand. The Commission will refer issues Accordingly, the Commission refers the concerning the rural high-cost support 47 CFR Part 54 issues described in the NPRM, and the mechanism and how that mechanism record developed herein, to the Joint functions with the non-rural mechanism [CC Docket 96–45; FCC 02–41] Board for a recommended decision. to the Joint Board at a later date. Specifically, the Commission asks the Federal-State Joint Board on Universal III. Ordering Clauses Service Joint Board to provide a recommended decision on (1) how the Commission 5. Pursuant to sections 1, 4(i) and (j), AGENCY: Federal Communications should define the key statutory terms 254, and 410 of the Communications Commission. ‘‘reasonably comparable’’ and Act of 1934, as amended, 47 U.S.C. 151, ACTION: Final rule. ‘‘sufficient’’; (2) whether, in light of the 154(i), 154(j), 254, and 410, that the interpretation of those key statutory issues specified in the Order are referred SUMMARY: In this document, the terms, the Commission can and should to the Federal-State Joint Board on Commission asks the Joint Board to maintain the previously established Universal Service for a recommendation begin a comprehensive review of the benchmark or, in the alternative, should to be received by the Commission no non-rural high-cost support mechanism. adopt a new benchmark or benchmarks; later than August 15, 2002. In light of the need to act expeditiously and (3) how the Commission should List of Subjects in 47 CFR Part 54 on the issues, the Commission will induce states to implement state delay initiation of a proceeding to universal service policies. The Communications common carriers, consider future action on the rural high- Commission intends these referral Telecommunications, Telephone. cost support mechanism. issues to encompass the review of the Federal Communications Commission. DATES: Comments are due April 10, non-rural mechanism that the William F. Caton, Commission previously stated would 2002. Reply comments are due April 25, Acting Secretary. 2002. occur by January 1, 2003. At their core, the issues on remand require an [FR Doc. 02–5675 Filed 3–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: examination of the non-rural BILLING CODE 6712–01–P Katie King at (202) 418–7491 or Jennifer mechanism. The Commission directs Schneider at (202) 418–0425 in the the Joint Board to base its recommended Accounting Policy Division, Common FEDERAL COMMUNICATIONS decision on the record developed from Carrier Bureau. COMMISSION the NPRM and present its recommended SUPPLEMENTARY INFORMATION: This is a decision to the Commission no later 47 CFR Part 73 summary of the Commission’s Order in than August 15, 2002. The Commission CC Docket No. 96–45 released on will then expeditiously consider the [DA 02–499, MM Docket No. 01–335, RM– February 15, 2002. The Order is related Joint Board’s recommendations and 10338] to a Notice of a Proposed Rulemaking issue an order in response to the court’s Digital Television Broadcast Service; (NPRM) that is published elsewhere in remand. this issue. The full text of this document 3. Finally, although the Commission Charleston, SC is available for public inspection during has determined that all carriers will AGENCY: Federal Communications regular business hours in the FCC eventually receive universal service Commission. Reference Center, Room CY–A257, 445 support based upon their forward- ACTION: Final rule. 12th Street, SW., Washington, DC looking costs, it has allowed rural 20554. carriers to continue to calculate support SUMMARY: The Commission, at the I. Introduction under a modified version of the request of Media General embedded cost mechanism for five Communications, Inc., licensee of 1. In this Order, the Commission years. The Commission previously station WCBD–TV, NTSC channel 2, refers the record collected in the NPRM stated that it intended to refer the Charleston, South Carolina, substitutes to the Joint Board for a recommended complex issues surrounding rural high- DTV channel 50 for DTV channel 59. decision. In the NPRM, the Commission cost support to the Joint Board, ‘‘no later See 66 FR 66383, December 26, 2001. seeks comment on issues from the Ninth than January 1, 2002’’ in order to begin DTV channel 50 can be allotted to Report and Order, 66 FR 67416, the process of determining what regime Charleston, South Carolina, in December 1, 1999, remanded by the should be in place upon the expiration compliance with the principle United States Court of Appeals for the of the Rural Task Force plan. The community coverage requirements of Tenth Circuit. As part of the referral, the Commission further stated that, ‘‘in the Section 73.625(a) at reference Commission also asks the Joint Board to context of the Joint Board’s coordinates 32–56–24 N. and 79–41–45 begin a comprehensive review of the consideration of an appropriate high- W. with a power of 1000, HAAT of 561 non-rural high-cost support mechanism. cost mechanism for rural telephone meters and with a DTV service In light of the need to act expeditiously companies, [it anticipates] conducting a population of 846 thousand. on the issues on remand, the comprehensive review of the high-cost With this action, this proceeding is Commission will delay initiation of a support mechanisms for rural and non- terminated. proceeding to consider future action on rural carriers as a whole to ensure that DATES: the rural high-cost support mechanism. both mechanisms function efficiently Effective April 22, 2002. and in a coordinated fashion.’’ FOR FURTHER INFORMATION CONTACT: Pam II. The Commission’s Plan for Universal 4. In light of the need to expeditiously Blumenthal, Mass Media Bureau, (202) Service and Joint Board Referral address the issues remanded by the 418–1600. 2. The Joint Board has previously court, the Commission now believes it SUPPLEMENTARY INFORMATION: This is a considered and given recommendations appropriate to delay briefly the synopsis of the Commission’s Report on many of the issues in this docket. initiation of a comprehensive and Order, MM Docket No. 01–335, The Commission concludes that further examination of how the rural and non- adopted March 1, 2002, and released
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March 6, 2002. The full text of this 630 in the Gulf of Alaska (GOA). This 15,187 mt. In accordance with § 679.20 document is available for public action is necessary to prevent exceeding (a)(5)(ii)(C), the B season allowance of inspection and copying during regular the B season allowance of the pollock pollock TAC in Statistical Area 630 is business hours in the FCC Reference total allowable catch (TAC) for 1,503 mt. Information Center, Portals II, 445 12th Statistical Area 630. In accordance with § 679.20 (d)(1)(i), Street, SW, Room CY–A257, DATES: Effective 1200 hrs, Alaska local the Regional Administrator has Washington, DC. This document may time (A.l.t.), March 11, 2002 until 1200 determined that the B season allowance also be purchased from the hrs, A.l.t., August 25, 2002. of the pollock TAC in Statistical Area Commission’s duplicating contractor, FOR FURTHER INFORMATION CONTACT: 630 will soon be reached. Therefore, the Qualex International, Portals II, 445 Mary Furuness, 907–586–7228. Regional Administrator is establishing a 12th Street, SW, CY–B402, Washington, SUPPLEMENTARY INFORMATION: NMFS directed fishing allowance of 1,203 mt, DC, 20554, telephone 202–863–2893, manages the groundfish fishery in the and is setting aside the remaining 300 facsimile 202–863–2898, or via e-mail GOA exclusive economic zone mt as bycatch to support other [email protected]. according to the Fishery Management anticipated groundfish fisheries. In List of Subjects in 47 CFR Part 73 Plan for Groundfish of the Gulf of accordance with § 679.20 (d)(1)(iii), the Alaska (FMP) prepared by the North Regional Administrator finds that this Television, Digital television Pacific Fishery Management Council directed fishing allowance will soon be broadcasting. under authority of the Magnuson- reached. Consequently, NMFS is Part 73 of Title 47 of the Code of Stevens Fishery Conservation and prohibiting directed fishing for pollock Federal Regulations is amended as Management Act. Regulations governing in Statistical Area 630. follows: fishing by U.S. vessels in accordance Maximum retainable bycatch amounts with the FMP appear at subpart H of 50 PART 73—[AMENDED] may be found in the regulations at § CFR part 600 and 50 CFR part 679. 679.20(e) and (f). 1. The authority citation for Part 73 Within any fishing year, underage or continues to read as follows: overage of a seasonal allowance may be Classification added to or subtracted from subsequent Authority: 47 U.S.C. 154, 303, 334, 336. seasonal allowances in a manner to be This action responds to the best available information recently obtained §73.622 [Amended] determined by the Administrator, Alaska Region, NMFS (Regional from the fishery. The Assistant 2. Section 73.622(b), the Table of Administrator), provided that the sum Administrator for Fisheries, NOAA, Digital Television Allotments under of the revised seasonal allowances does finds that the need to immediately South Carolina, is amended by not exceed 30 percent of the annual implement this action to prevent removing DTV channel 59 and adding TAC apportionment for the Central and exceeding the amount of the 2002 A DTV channel 50 at Charleston. Western Regulatory Areas in the GOA season pollock TAC specified for Federal Communications Commission. (§ 679.20 (a)(5)(ii)(C)). For 2002, 30 Statistical Area 630 of the GOA constitutes good cause to waive the Barbara A. Kreisman, percent of the annual TAC for the Central and Western Regulatory Areas is requirement to provide prior notice and Chief, Video Services Division, Mass Media opportunity for public comment Bureau. 15,187 mt. For 2002, the Regional Administrator has determined that pursuant to the authority set forth at 5 [FR Doc. 02–5708 Filed 3–8–02; 8:45 am] U.S.C. 553 (b)(3)(B) and 50 CFR 679.20 BILLING CODE 6712–01–P within each area for which a seasonal allowance is established, any overage or (b)(3)(iii)(A), as such procedures would underage of harvest at the beginning of be unnecessary and contrary to the the next season(s) shall be subtracted public interest. Similarly, the need to DEPARTMENT OF COMMERCE from or added to the following season implement these measures in a timely fashion to prevent exceeding the 2002 B National Oceanic and Atmospheric provided that the resulting sum of season pollock TAC specified for Administration seasonal allowances in the Central and Western Regulatory Areas does not Statistical Area 630 of the GOA constitutes good cause to find that the 50 CFR Part 679 exceed 15,187 mt in any single season. The B season allowance of the pollock effective date of this action cannot be [Docket No. 011218304–1304-01; I.D. TAC in Statistical Area 630 is 1,122 delayed for 30 days. Accordingly, under 030102B] metric tons (mt) as established by an 5 U.S.C. 553(d), a delay in the effective emergency rule implementing 2002 date is hereby waived. Fisheries of the Exclusive Economic harvest specifications and associated Zone Off Alaska; Pollock in Statistical This action is required by § 679.20 management measures for the Area 630 of the Gulf of Alaska and is exempt from review under groundfish fisheries off Alaska (67 FR Executive Order 12866. AGENCY: National Marine Fisheries 956, January 8, 2002). The Regional Authority: 16 U.S.C. 1801 et seq. Service (NMFS), National Oceanic and Administrator hereby increases the B Atmospheric Administration (NOAA), season pollock TAC by 381 mt. This Dated: March 5, 2002. Commerce. amount is the A season pollock under Bruce C. Morehead, ACTION: Closure. harvest in Statistical Area 630 and Acting Director, Office of Sustainable provides for an aggregate B season Fisheries, National Marine Fisheries Service. SUMMARY: NMFS is prohibiting directed allowance in the Central and Western [FR Doc. 02–5770 Filed 3–11–02; 8:45 am] fishing for pollock in Statistical Area Regulatory Areas that does not exceed BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER will be made available for public present an irreconcilable conflict with contains notices to the public of the proposed inspection in the Office of the Docket this rule. issuance of rules and regulations. The Clerk during regular business hours, or purpose of these notices is to give interested The Act provides that administrative can be viewed at: http:// proceedings must be exhausted before persons an opportunity to participate in the www.ams.usda.gov/fv/moab.html. rule making prior to the adoption of the final parties may file suit in court. Under rules. FOR FURTHER INFORMATION CONTACT: section 608c(15)(A) of the Act, any Robert J. Curry, Northwest Marketing handler subject to an order may file Field Office, Marketing Order with USDA a petition stating that the DEPARTMENT OF AGRICULTURE Administration Branch, Fruit and order, any provision of the order, or any Vegetable Programs, AMS, USDA, 1220 obligation imposed in connection with Agricultural Marketing Service SW Third Avenue, suite 385, Portland, the order is not in accordance with law Oregon 97204; telephone: (503) 326– and request a modification of the order 7 CFR Part 985 2724; Fax: (503) 326–7440; or George or to be exempted therefrom. A handler [Docket No. FV–02–985–1 PR] Kelhart, Technical Advisor, Marketing is afforded the opportunity for a hearing Order Administration Branch, Fruit and on the petition. After the hearing USDA Marketing Order Regulating the Vegetable Programs, AMS, USDA, 1400 would rule on the petition. The Act Handling of Spearmint Oil Produced in Independence Avenue, SW., STOP provides that the district court of the the Far West; Salable Quantities and 0237, Washington, DC 20250–0237; United States in any district in which Allotment Percentages for the 2002– telephone: (202) 720–2491; Fax: (202) the handler is an inhabitant, or has his 2003 Marketing Year 720–8938. or her principal place of business, has Small businesses may request jurisdiction to review USDA’s ruling on AGENCY: Agricultural Marketing Service, information on complying with this the petition, provided an action is filed USDA. regulation by contacting Jay Guerber, not later than 20 days after the date of ACTION: Proposed rule. Marketing Order Administration the entry of the ruling. Branch, Fruit and Vegetable Programs, SUMMARY: This rule would establish the AMS, USDA, 1400 Independence Pursuant to authority in §§ 985.50, quantity of spearmint oil produced in Avenue SW., STOP 0237, Washington, 985.51, and 985.52 of the order, the the Far West, by class, that handlers DC 20250–0237; telephone (202) 720– Committee recommended the salable may purchase from, or handle for, 2491, Fax: (202) 720–8938, or E-mail: quantities and allotment percentages for producers during the 2002–2003 [email protected]. the 2002–2003 marketing year at its marketing year, which begins on June 1, October 3, 2001, meeting. For Scotch SUPPLEMENTARY INFORMATION: This 2002. This rule invites comments on the spearmint oil, in a vote of six in favor, proposal is issued under Marketing establishment of salable quantities and one opposed, and one abstention, the Order No. 985 (7 CFR part 985), as allotment percentages for Class 1 Committee recommended the amended, regulating the handling of (Scotch) spearmint oil of 849,471 and 45 establishment of a salable quantity and spearmint oil produced in the Far West percent, respectively, and for Class 3 allotment percentage of 849,471 pounds (Washington, Idaho, Oregon, and (Native) spearmint oil of 800,761 and 38 and 45 percent, respectively. For Native designated parts of Nevada and Utah), percent, respectively. The Spearmint Oil spearmint oil, in a vote of seven in favor hereinafter referred to as the ‘‘order.’’ Administrative Committee (Committee), and one opposed, the Committee This order is effective under the the agency responsible for local recommended the establishment of a Agricultural Marketing Agreement Act administration of the marketing order salable quantity and allotment of 1937, as amended (7 U.S.C. 601–674), for spearmint oil produced in the Far percentage of 800,761 pounds and 38 hereinafter referred to as the ‘‘Act.’’ percent, respectively. West, recommended this rule for the The Department of Agriculture purpose of avoiding extreme (USDA) is issuing this rule in This proposed rule would limit the fluctuations in supplies and prices, to conformance with Executive Order amount of spearmint oil that handlers help maintain stability in the spearmint 12866. may purchase from, or handle for, oil market. This proposal has been reviewed producers during the 2002–2003 DATES: Comments must be received by under Executive Order 12988, Civil marketing year, which begins on June 1, March 26, 2002. Justice Reform. Under the provisions of 2002. Salable quantities and allotment ADDRESSES: Interested persons are the order now in effect, salable percentages have been placed into effect invited to submit written comments quantities and allotment percentages each season since the order’s inception concerning this proposed rule. may be established for classes of in 1980. Comments must be sent to the Docket spearmint oil produced in the Far West. The U.S. production of spearmint oil Clerk, Marketing Order Administration This proposed rule would establish the is concentrated in the Far West, Branch, Fruit and Vegetable Programs, quantity of spearmint oil produced in primarily Washington, Idaho, and AMS, USDA, 1400 Independence the Far West, by class, that may be Oregon (part of the area covered by the Avenue SW., STOP 0237, Washington, purchased from or handled for marketing order). Spearmint oil is also DC 20250–0237; Fax: (202) 720–8938; or producers by handlers during the 2002– produced in the Midwest. The E-mail: [email protected]. All 2003 marketing year, which begins on production area covered by the comments should reference the docket June 1, 2002. This proposed rule would marketing order currently accounts for number and the date and page number not preempt any State or local laws, approximately 55 percent of the annual of this issue of the Federal Register and regulations, or policies, unless they U.S. production of Scotch spearmint oil
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and over 90 percent of the annual U.S. For the 2001–2002 marketing year— spearmint oils despite the Committee’s production of Native spearmint oil. the current marketing year—the efforts to balance available supplies When the order became effective in Committee determined at its October 11, with demand. Based on comments made 1980, the United States produced nearly 2000, meeting, that it would attempt to at the Committee’s meeting, factors that 100 percent of the world’s supply of stabilize prices at a reasonable level are currently contributing to depressed Scotch spearmint oil, of which while still considering global market prices include the general uncertainty approximately 72 percent was produced share. The Committee’s transitional being experienced through the U.S. in the regulated production area in the recommendation for Scotch spearmint economy and the continuing overall Far West. The Far West continued to oil for the 2001–2002 marketing year weak farm situation, as well as an produce an average of about 69 percent was, therefore, based on a desire to abundant global supply of spearmint oil. of the world’s Scotch spearmint oil remain competitive on an international Conditions similar to those affecting supply during the period from 1980 to level while maintaining the supply of the Scotch spearmint oil market 1990. International production oil at a level that could enhance prices contributed to the Committee’s current characteristics have changed since 1990, and help producers remain solvent. The recommendation for a salable quantity however, with foreign Scotch spearmint 2001–2002 salable quantity is somewhat of 800,761 pounds and an allotment oil production contributing significantly higher than the estimated trade demand. percentage of 38 percent for Native to world production. The Far West’s This shifted the Committee’s Scotch spearmint oil for the 2002–2003 market share as a percent of total world spearmint oil market strategy from one marketing year. The supply and demand sales has averaged about 44 percent considering primarily the Far West’s characteristics of the current Native since 1990. share of the world market to an spearmint oil market are keeping the During the period between 1996 and approach primarily considering current price flat at about $9.00 per pound—a 2000, the Committee employed a price, supply, and demand. This action level the Committee considers too low marketing strategy for Scotch spearmint made an adequate supply of Scotch for the majority of producers to oil that was intended to foster market spearmint oil available as evidenced by maintain viability. The WSU study stability and expand market share. This the substantial amount of oil carried indicates that the cost of producing marketing strategy was an attempt to into the marketing year. Native spearmint oil currently ranges remain competitive on an international Although still concerned with global from $10.26 to $10.92 per pound. Thus, level by regaining a substantial amount spearmint oil market share, the with over 90 percent of the world of the Far West’s historical share of the Committee calculated the 2002–2003 production currently located in the Far global market for this class of oil. In Scotch spearmint oil salable quantity West, the Committee’s method of implementing this strategy, the and allotment percentage by primarily calculating the Native spearmint oil Committee had been recommending the utilizing information on price and salable quantity and allotment establishment of a salable quantity and available supply as they are affected by percentage continues to primarily allotment percentage for Scotch the estimated trade demand. The utilize information on price and spearmint oil in excess of the estimated recommendation for 2002–2003 available supply as they are affected by trade demand for each marketing year. implements the Committee’s stated the estimated trade demand. The In the development of its annual intent of keeping adequate supplies Committee’s stated intent is to make marketing policy statements during this available at all times, while trying to adequate supplies available to meet period, the Committee’s strategy bring prices to growers to a level that considered general market conditions will help them stay in business and still market needs and improve producer for each class of spearmint oil, allow the industry to compete with less prices. including the Far West’s world market expensive oil produced outside the The Committee based its share as it relates to the overall market regulated area. The industry continues recommendation for the proposed stability of spearmint oil. to be interested in expanding market salable quantity and allotment During its deliberations at the October share. The Committee’s calculations are percentage for each class of spearmint 11, 2000, meeting, however, the detailed below. oil for the 2002–2003 marketing year on Committee concluded that this Despite the recent downward trend in the information discussed above, as well marketing strategy for Scotch spearmint the price of both classes of spearmint as the data outlined below. oil had not been entirely effective. oil, the Committee believes that the (1) Class 1 (Scotch) Spearmint Oil Although sales had increased, the Far order has contributed extensively to the West’s market share as a percentage of stabilization of producer prices, which (A) Estimated carry-in on June 1, total world sales had not increased on prior to 1980 experienced wide 2002—260,181 pounds. This figure is average, and the market price for Scotch fluctuations from year to year. the difference between the estimated spearmint oil had continued to decline According to the National Agricultural 2001–2002 marketing year trade throughout this period. During the Statistics Service, for example, the demand of 860,000 pounds and the 1998–1999 and 1999–2000 marketing average price paid for both classes of revised 2001–2002 marketing year total years, the price paid to producers for spearmint oil ranged from about $4.00 available supply of 1,120,181 pounds. Scotch spearmint oil dropped to a low per pound to about $12.50 per pound The 2001–2002 marketing year total of $7.00 per pound. Although the during the period between 1968 and available supply was revised due to current price for Scotch oil has 1980. Excluding the most recent three differences in the carry-in estimated on increased to between $7.50 and $8.00 marketing years, prices since the order’s October 11, 2000, and the actual carry- per pound, the Committee continues to inception have generally stabilized at in on June 1, 2001, as well as producer believe that such returns are generally about $11.00 per pound for Native deficiencies on June 1, 2001. A producer below the cost of production for most spearmint oil and at about $13.00 per is deficient when the producer is unable producers, which, according to the pound for Scotch spearmint oil. Over to produce oil equal to his or her salable Washington State University the last few years, the price has dropped quantity and is unable to fill this Cooperative Extension Service (WSU), is to between $8.00 and $11.00 per pound deficiency from reserve pool oil or currently between $13.87 and $14.62 and $9.00 and $10.00 per pound, excess oil from another producer. When per pound. respectively, for Scotch and Native prices are below the producer’s costs of
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production, they reduce acres and 2001–2002 marketing year trade The Committee’s recommended produce less oil. demand of 929,000 pounds and the Scotch and Native spearmint oil salable (B) Estimated trade demand for the revised 2001–2002 marketing year total quantities and allotment percentages of 2002–2003 marketing year—875,000 available supply of 1,127,583 pounds. 849,471 pounds and 45 percent and pounds. This figure represents the (B) Estimated trade demand for the 800,761 and 38 percent, respectively, Committee’s estimate based on the 2002–2003 marketing year—960,000 are based on the Committee’s goal of average of the estimates provided by pounds. This figure is based on input maintaining market stability by avoiding producers at five Scotch spearmint oil from producers at the four Native extreme fluctuations in supplies and production area meetings held in spearmint oil production area meetings prices and the anticipated supply and September 2001, as well as estimates held in September 2001, from handlers, trade demand during the 2002–2003 provided by handlers and others at the and from Committee members and other marketing year. The proposed salable meeting. Handler trade demand meeting participants at the October 3, quantities are not expected to cause a estimates for the 2002–2003 marketing 2001, meeting. The average estimated shortage of spearmint oil supplies. Any year ranged from 675,000 to 900,000 trade demand at the four production unanticipated or additional market pounds. The last five year average sales area meetings was 975,000 pounds. demand for spearmint oil which may were 936,000 pounds. (C) Salable quantity required from the develop during the marketing year can (C) Salable quantity required from the 2002–2003 marketing year production— be satisfied by an increase in the salable 2002–2003 marketing year production— 761,417 pounds. This figure is the quantities. Both Scotch and Native 614,819 pounds. This figure is the difference between the estimated 2002– spearmint oil producers who produce difference between the estimated 2002– 2003 marketing year trade demand more than their annual allotments 2003 marketing year trade demand (960,000 pounds) and the estimated during the 2002–2003 season may (875,000 pounds) and the estimated carry-in on June 1, 2002 (198,583 transfer such excess spearmint oil to a carry-in on June 1, 2002 (260,181 pounds). producer with spearmint oil production pounds). (D) Total estimated allotment base for less than his or her annual allotment or (D) Total estimated allotment base for the 2002–2003 marketing year— put it into the reserve pool. the 2002–2003 marketing year— 2,107,267 pounds. This figure This proposed regulation, if adopted, 1,887,713 pounds. This figure represents a one percent increase over would be similar to those which have represents a one-percent increase over the revised 2001–2002 total allotment been issued in prior seasons. Costs to the revised 2001–2002 total allotment base. This figure is generally revised producers and handlers resulting from base. This figure is generally revised each year on June 1 due to producer this proposed action are expected to be each year on June 1 due to producer base being lost based on the provisions offset by the benefits derived from a base being lost based on the provisions of § 985.53(e). The revision normally stable market and improved returns. In of § 985.53(e). The revision is usually involves a minimal amount of spearmint conjunction with the issuance of this minimal. oil. proposed rule, the Committee’s (E) Computed allotment percentage— (E) Computed allotment percentage— marketing policy statement for the 32.6 percent. This percentage is 36.1 percent. This percentage is 2002–2003 marketing year has been computed by dividing the required computed by dividing the required reviewed by USDA. The Committee’s salable quantity by the total estimated salable quantity by the total estimated marketing policy statement, a allotment base. allotment base. requirement whenever the Committee (F) Recommended allotment (F) Recommended allotment recommends volume regulations, fully percentage—45 percent. This percentage—38 percent. This is the meets the intent of § 985.50 of the order. recommendation is based on the Committee’s recommendation based on During its discussion of potential 2002– Committee’s determination that a the computed allotment percentage, the 2003 salable quantities and allotment decrease from the current season’s average of the computed allotment percentages, the Committee considered: allotment percentage of 48 percent to percentage figures from the four (1) The estimated quantity of salable oil the computed 32.6 percent would be too production area meetings (38.1 percent), of each class held by producers and drastic a reduction in a single year. The and input from producers and handlers handlers; (2) the estimated demand for recommended level of 45 percent is also at the October 3, 2001, meeting. each class of oil; (3) prospective only slightly below the 5-year average (G) The Committee’s recommended production of each class of oil; (4) total sales, and if sales in 2002–2003 are salable quantity—800,761 pounds. This of allotment bases of each class of oil for average or better, the carry-out would be figure is the product of the the current marketing year and the reduced. recommended allotment percentage and estimated total of allotment bases of (G) The Committee’s recommended the total estimated allotment base. each class for the ensuing marketing salable quantity—849,471 pounds. This (H) Estimated available supply for the year; (5) the quantity of reserve oil, by figure is the product of the 2002–2003 marketing year—999,344 class, in storage; (6) producer prices of recommended allotment percentage and pounds. This figure is the sum of the oil, including prices for each class of oil; the total estimated allotment base. 2002–2003 recommended salable and (7) general market conditions for (H) Estimated available supply for the quantity (800,761 pounds) and the each class of oil, including whether the 2002–2003 marketing year—1,109,652 estimated carry-in on June 1, 2002 estimated season average price to pounds. This figure is the sum of the (198,583 pounds). producers is likely to exceed parity. 2002–2003 recommended salable The salable quantity is the total Conformity with the USDA’s quantity (849,471 pounds) and the quantity of each class of spearmint oil ‘‘Guidelines for Fruit, Vegetable, and estimated carry-in on June 1, 2002 which handlers may purchase from or Specialty Crop Marketing Orders’’ has (260,181 pounds). handle on behalf of producers during a also been reviewed and confirmed. marketing year. Each producer is The establishment of these salable (2) Class 3 (Native) Spearmint Oil allotted a share of the salable quantity quantities and allotment percentages (A) Estimated carry-in on June 1, by applying the allotment percentage to would allow for anticipated market 2002—198,583 pounds. This figure is the producer’s allotment base for the needs. In determining anticipated the difference between the estimated applicable class of spearmint oil. market needs, consideration by the
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Committee was given to historical sales, the total acreage required to produce the spearmint-flavored products at retail as well as changes and trends in crop is about one-third spearmint and such as chewing gum, toothpaste, and production and demand. This rule also two-thirds rotational crops. An average mouthwash. The manufacturers of these provides producers with information on spearmint oil-producing farm has to products are by far the largest users of the amount of spearmint oil which have considerably more acreage than is mint oil. However, spearmint flavoring should be produced for next season in planted to spearmint during any given is generally a very minor component of order to meet anticipated market season. Crop rotation is an essential the products in which it is used, so demand. cultural practice in the production of changes in the raw product price have spearmint oil for weed, insect, and no impact on retail prices for those Initial Regulatory Flexibility Analysis disease control. To remain economically goods. Pursuant to requirements set forth in viable with the added costs associated Spearmint oil production tends to be the Regulatory Flexibility Act (RFA), the with spearmint oil production, most cyclical. Years of large production, with Agricultural Marketing Service (AMS) spearmint oil-producing farms fall into demand remaining reasonably stable, has considered the economic impact of the SBA category of large businesses. have led to periods in which large this action on small entities. This proposed rule would establish producer stocks of unsold spearmint oil Accordingly, AMS has prepared this the quantity of spearmint oil produced have depressed producer prices for a initial regulatory flexibility analysis. in the Far West, by class, that handlers number of years. Shortages and high The purpose of the RFA is to fit may purchase from, or handle for, prices may follow in subsequent years, regulatory actions to the scale of producers during the 2002–2003 as producers respond to price signals by business subject to such actions in order marketing year. The Committee cutting back production. that small businesses will not be unduly recommended this rule to help maintain The wide fluctuations in supply and or disproportionately burdened. stability in the spearmint oil market by prices that result from this cycle, which Marketing orders issued pursuant to the avoiding extreme fluctuations in was even more pronounced before the Act, and rules issued thereunder, are supplies and prices. Establishing creation of the marketing order, can unique in that they are brought about quantities to be purchased or handled create liquidity problems for some through group action of essentially during the marketing year through producers. The marketing order was small entities acting on their own volume regulations allows growers to designed to reduce the price impacts of behalf. Thus, both statutes have small plan their mint planting and harvesting the cyclical swings in production. entity orientation and compatibility. to meet expected market needs. This However, producers have been less able There are 7 spearmint oil handlers action is authorized by the provisions of to weather these cycles in recent years subject to regulation under the order, §§ 985.50, 985.51 and 985.52 of the because of the decline in prices of many and approximately 118 producers of order. of the alternative crops they grow. As Class 1 (Scotch) spearmint oil and Small spearmint oil producers noted earlier, almost all spearmint oil approximately 107 producers of Class 3 generally are not as extensively producers diversify by growing other (Native) spearmint oil in the regulated diversified as larger ones and as such crops. production area. Small agricultural are more at risk to market fluctuations. Instability in the spearmint oil service firms are defined by the Small Such small farmers generally need to subsector of the mint industry is much Business Administration (SBA) (13 CFR market their entire annual crop and do more likely to originate on the supply 121.201) as those having annual receipts not have the luxury of having other side than the demand side. Fluctuations of less than $5,000,000, and small crops to cushion seasons with poor in yield and acreage planted from agricultural producers are defined as spearmint oil returns. Conversely, large season-to-season tend to be larger than those whose annual receipts are less diversified producers have the potential fluctuations in the amount purchased by than $750,000. to endure one or more seasons of poor buyers. Based on the SBA’s definition of spearmint oil markets because incomes The significant variability is small entities, the Committee estimates from alternate crops could support the illustrated by the fact that between 1980 that 2 of the 7 handlers regulated by the operation for a period of time. Being and 2000, production tended to vary by order could be considered small reasonably assured of a stable price and 25 percent above and below the average entities. Most of the handlers are large market provides small producing production level of 1,888,810 pounds. corporations involved in the entities with the ability to maintain The 25 percent figure (469,321 pounds) international trading of essential oils proper cash flow and to meet annual is the standard deviation around the and the products of essential oils. In expenses. Thus, the market and price average production level. Production in addition, the Committee estimates that stability provided by the order the shortest crop year was about 48 30 of the 118 Scotch spearmint oil potentially benefit the small producer percent of the 21-year average and the producers and 19 of the 107 Native more than such provisions benefit large largest crop was approximately 163 spearmint oil producers could be producers. Even though a majority of percent. A key consequence is that in classified as small entities under the handlers and producers of spearmint oil years of oversupply and low prices, the SBA definition. Thus, a majority of may not be classified as small entities, season average producer price of handlers and producers of Far West the volume control feature of this order spearmint oil is below the average cost spearmint oil may not be classified as has small entity orientation. of production (as measured by the small entities. Demand for spearmint oil tends to be Washington State University The Far West spearmint oil industry relatively stable from year-to-year. The Cooperative Extension Service). is characterized by producers whose demand for spearmint oil is expected to In an effort to stabilize prices, the farming operations generally involve grow slowly for the foreseeable future spearmint oil industry uses the volume more than one commodity, and whose because the demand for consumer control mechanisms authorized under income from farming operations is not products that use spearmint oil will the order. This authority allows the exclusively dependent on the likely expand slowly, in line with Committee to recommend a salable production of spearmint oil. A typical population growth. quantity and allotment percentage for spearmint oil-producing operation has Demand for spearmint oil at the farm each class of oil for the upcoming enough acreage for rotation such that level is derived from retail demand for marketing year. The salable quantity for
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each class of oil is the total volume of likely be over-supplied, resulting in low spearmint oil. The Committee explored that oil which producers may sell producer prices and a large volume of maintaining the Scotch spearmint oil during the marketing year. The oil stored and carried over to the next allotment percentage at the same level allotment percentage for each class of crop year. The model estimates how as the current year (48 percent) or spearmint oil is derived by dividing the much lower producer prices would increasing the percentage, allowing even salable quantity by the total allotment likely be in the absence of volume more product into the market. These base. controls. options were discussed at length by the Each producer is then issued an The Committee estimated the Committee, producers, and handlers in annual allotment certificate, in pounds, available supply for both classes of oil attendance at the meeting. Both options for the applicable class of oil, which is at 2,108,996 pounds, and that the were rejected because current supplies calculated by multiplying the expected carry-in will be 458,764 are very abundant and resultant prices producer’s allotment base by the pounds. Therefore, with volume control, are considered too low for general applicable allotment percentage. This is sales by producers for the 2002–2003 producer viability. the amount of oil for the applicable marketing year should be limited to Finally, the Committee discussed class that the producer can sell. 1,650,232 pounds (the recommended recommending a level of regulation as By November 1 of each year, the salable quantity for both classes of low as a 32.6 percent allotment Committee identifies any oil that spearmint oil). percentage. As noted earlier, the individual producers have produced The recommended salable Committee determined that a drop in above the volume specified on their percentages, upon which 2002–2003 the allotment percentage for Scotch annual allotment certificates. This producer allotments are based, are 45 spearmint oil from 48 percent during excess oil is placed in a reserve pool percent for Scotch and 38 percent for the current year to 32.6 percent would administered by the Committee. Native. Without volume controls, likely be too extreme an adjustment in There is a reserve pool for each class producers would not be limited to these one marketing year. The Committee of oil which may not be sold during the allotment levels, and could produce and opted for a much smaller decline of 3 current marketing year unless the sell additional spearmint. The percentage points, to a salable Secretary approves a Committee econometric model estimated a $1.66 percentage of 45 percent. The recommendation to make a portion of decline in average grower price per recommended salable quantity is the pool available. However, limited pound (from both classes or spearmint 849,971 pounds. quantities of reserve oil are typically oil) resulting from the higher quantities One Committee member, however, sold to fill deficiencies. A deficiency produced and marketed without volume voted against the recommended Scotch occurs when on-farm production is less control. Northwest grower prices for spearmint oil salable quantity and than a producer’s allotment. In that both classes of spearmint oil for 1999 allotment percentage in support of a case, a producer’s own reserve oil can and 2000 averaged $9.13, based on lower level. In consideration of the be sold to fill that deficiency. Excess National Agricultural Statistics Service current, relatively depressed price for production (higher than the producer’s data. The severe surplus situation for Scotch spearmint oil, he felt a more allotment) can be sold to fill other the spearmint oil market that would restrictive level of regulation would producers’ deficiencies. exist without volume controls in 2002– help to enhance returns to producers. In any given year, the total available 2003 would also likely dampen The general consensus of the supply of spearmint oil is composed of prospects for improved grower prices in individuals commenting during the current production plus carry-over future years because of the buildup in meeting indicated strong support for a stocks from the previous crop. The stocks. shift in Scotch spearmint oil marketing Committee seeks to maintain market The use of volume controls allows the strategy from one considering primarily stability by balancing supply and industry to fully supply spearmint oil the Far West’s share of the world market demand, and to close the marketing year markets while avoiding the negative to an approach primarily considering with an appropriate level of carry-out. If consequences of over-supplying these current price, supply, and demand. The the industry has production in excess of markets. The use of volume controls is Committee’s belief that the Scotch the salable quantity, then the reserve believed to have little or no effect on spearmint oil market can be improved pool absorbs the surplus quantity of consumer prices of products containing and stabilized is reflected in its spearmint oil, which goes unsold during spearmint oil and will not result in recommendation to establish the salable that year, unless the oil is needed for fewer retail sales of such products. quantity and allotment percentage at unanticipated sales. The Committee discussed alternatives 849,471 pounds and 45 percent, Under its provisions, the order may to this rule including higher and lower respectively. attempt to stabilize prices by (1) limiting levels for the salable quantities and The Committee discussed alternative supply and establishing reserves in high allotment percentages for both classes of allotment percentage levels for the other production years, thus minimizing the oil, as well as not regulating the class of spearmint oil (Native) ranging price-depressing effect that excess handling of spearmint oil during the from a low of about 35 percent to a high producer stocks have on unsold 2002–2003 marketing year. The of about 41 percent. With the current spearmint oil, and (2) ensuring that Committee also noted that the operation price for Native spearmint oil lower stocks are available in short supply of the marketing order provides valuable than the 20-year average, and demand years when prices would otherwise statistical information on domestic and fairly flat, the Committee, after increase dramatically. The reserve pool foreign markets to producers and other considerable discussion, determined grown in large production years and industry factors. that 800,761 pounds and 38 percent stocks are drawn down in short crop The Committee discussed and would be the most effective salable years. rejected the idea of not regulating quantity and allotment percentage, An econometric model was used to Scotch spearmint oil, because of the respectively, for the 2002–2003 assess the impact that volume control severe price-depressing effects that marketing year. has on the prices producers receive for would occur without volume control. The one dissenting member stated their commodity. Without volume The Committee also considered that 38 percent is too great a change control, spearmint oil markets would alternative regulation levels for Scotch from the current season’s allotment
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percentage of 45 percent, and that three years, prices have ranged from List of Subjects in 7 CFR Part 985 demand generally supports more supply $8.00 to $11.00 per pound for Scotch Marketing agreements, Oils and fats, than would be released at 38 percent. spearmint oil and between $9.00 to Reporting and recordkeeping After a great deal of discussion, the $10.00 per pound for Native spearmint requirements, Spearmint oil. Committee recommended the lower oil. For the reasons set forth in the percentage as a means of balancing According to the Committee, the supplies with market needs. If more preamble, 7 CFR part 985 is proposed to recommended salable quantities and be amended as follows: supplies are needed during the allotment percentages are expected to marketing year, the percentage could be achieve the goals of market and price PART 985—MARKETING ORDER increased. REGULATING THE HANDLING OF The Committee’s recommendation to stability, and price improvement. SPEARMINT OIL PRODUCED IN THE establish salable quantities and As stated earlier, annual salable FAR WEST allotment percentages for both classes of quantities and allotment percentages spearmint oil was made after careful have been issued for both classes of 1. The authority citation for 7 CFR consideration of all available spearmint oil since the order’s part 985 continues to read as follows: information, including: (1) The inception. Reporting and recordkeeping Authority: 7 U.S.C. 601–674. estimated quantity of salable oil of each requirements have remained the same class held by producers and handlers; for each year of regulation. These 2. A new § 985.221 is added to read (2) the estimated demand for each class requirements have been approved by the as follows: of oil; (3) prospective production of Office of Management and Budget under Note: This section will not appear in the each class of oil; (4) total of allotment OMB Control No. 0581–0065. Code of Federal Regulations. bases of each class of oil for the current Accordingly, this action would not marketing year and the estimated total impose any additional reporting or § 985.221 Salable quantities and allotment of allotment bases of each class for the recordkeeping requirements on either percentages—2002–2003 marketing year. ensuing marketing year; (5) the quantity small or large spearmint oil producers The salable quantity and allotment of reserve oil, by class, in storage; (6) and handlers. All reports and forms percentage for each class of spearmint producer prices of oil, including prices associated with this program are oil during the marketing year beginning for each class of oil; and (7) general reviewed periodically in order to avoid on June 1, 2002, shall be as follows: market conditions for each class of oil, unnecessary and duplicative (a) Class 1 (Scotch) oil—a salable including whether the estimated season information collection by industry and quantity of 849,471 pounds and an average price to producers is likely to public sector agencies. The USDA has allotment percentage of 45 percent. exceed parity. Based on its review, the not identified any relevant Federal rules (b) Class 3 (Native) oil—a salable Committee believes that the salable that duplicate, overlap, or conflict with quantity of 800,761 pounds and an quantity and allotment percentage levels this proposed rule. allotment percentage of 38 percent. recommended would achieve the objectives sought. The Committee’s meeting was widely Dated: March 5, 2002. Without any regulations in effect, the publicized throughout the spearmint oil A.J. Yates, Committee believes the industry would industry and all interested persons were Administrator, Agricultural Marketing return to the pronounced cyclical price invited to attend and participate on all Service. patterns that occurred prior to the order, issues. In addition, interested persons [FR Doc. 02–5686 Filed 3–8–02; 8:45 am] and that prices in 2002–2003 would are invited to submit information on the BILLING CODE 3410–02–P decline substantially below current regulatory and informational impacts of levels. this action on small businesses. As stated earlier, the Committee A small business guide on complying NUCLEAR REGULATORY believes that the order has contributed with fruit, vegetable, and specialty crop COMMISSION extensively to the stabilization of marketing agreements and orders may producer prices, which prior to 1980 be viewed at: http://www.ams.usda.gov/ 10 CFR Part 60 experienced wide fluctuations from fv/moab.html. Any questions about the [Docket No. PRM–60–2 and 60–2A] year-to-year. National Agricultural compliance guide should be sent to Jay Statistics Service records show that the Guerber at the previously mentioned The States of Nevada and Minnesota; average price paid for both classes of address in the FOR FURTHER INFORMATION Denial of Petition for Rulemaking spearmint oil ranged from about $4.00 CONTACT section. per pound to about $12.50 per pound AGENCY: Nuclear Regulatory during the period between 1968 and A 15-day comment period is provided Commission. to allow interested persons the 1980. Prices have been consistently ACTION: Denial of petition for more stable since the marketing order’s opportunity to respond to the proposal, rulemaking. inception in 1980. Excluding the most including any regulatory and recent three marketing years, prices informational impacts of this action on SUMMARY: The Nuclear Regulatory since the order’s inception have small businesses. Fifteen days is Commission (NRC) is denying a petition generally stabilized at about $13.00 per deemed appropriate because this rule for rulemaking (PRM–60–2 and 60–2A) pound for Scotch spearmint oil and would need to be effective as soon as submitted by the States of Nevada and about $11.00 per pound for Native possible to provide producers sufficient Minnesota dealing with disposal of spearmint oil. time prior to the beginning of the 2002– high-level radioactive waste (HLW). In Over the last three years, however, 2003 marketing year to adjust their PRM–60–2, the petitioners requested large production and carry-in cultural and marketing plans that the NRC adopt a regulation inventories have contributed to accordingly. All written comments governing the implementation of certain declining prices, despite the received within the comment period generally applicable environmental Committee’s efforts to balance available will be considered before a final standards for HLW that had been supplies with demand. Over the last determination is made on this matter. proposed by the U.S. Environmental
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Protection Agency (EPA) in 1982. FR 58196; December 29, 1982) to Public Comments on the Petition Subsequently, in PRM–60–2A, the establish generally applicable petitioners amended their original environmental standards for the The notice of receipt of the petition petition after EPA issued final standards management and disposal of spent for rulemaking invited interested in 1985. The amended petition was nuclear fuel, HLW and transuranic persons to submit comments. The placed on hold pending completion of wastes. EPA published its final comment period closed on July 1, 1985, certain rulemaking activities, including environmental standards on September for PRM–60–2, and February 18, 1986, EPA and NRC development of new 19, 1985 (50 FR 38066).1 The final for PRM–60–2A. The NRC received HLW disposal standards applicable only standards included the assurance eight comment letters on the petition to a site at Yucca Mountain, Nevada. requirements of concern to petitioners and the amendment from seven The NRC is denying the petition (e.g., institutional controls and post- commenters (one commenter provided because the NRC considered and permanent closure monitoring), but EPA comments on both PRM–60–2 and 60– partially addressed petitioners’ concerns did not impose these requirements on 2A). There were six comment letters on in the development of its site-specific facilities regulated by the NRC (see 40 PRM–60–2 and two comment letters on standards for a proposed repository at CFR 191.14 (1985)). The petitioners PRM–60–2A. Of the seven commenters, Yucca Mountain, and amending NRC’s subsequently filed an amended petition five were from States and two were from generic repository licensing regulations with the NRC on September 30, 1985 representatives of the nuclear power (PRM–60–2A) and the NRC published a at this time would unnecessarily expend industry. The State commenters agreed notice of receipt of the amended limited Commission resources because with petitioners that assurance there is no current expectation that the petition on December 19, 1985 (50 FR 51701). requirements should be included in generic regulations, in their current NRC regulations whereas the industry form, will be used. The amended petition requested that NRC amend 10 CFR part 60 to: (1) commenters believed that assurance ADDRESSES: Copies of the petition for incorporate regulations that are provisions should be in guidance rather rulemaking, the public comments than the regulations. received, and the NRC’s letter to the substantively equivalent to EPA’s 1985 assurance requirements, and (2) petitioners may be examined at the NRC Intervening Actions incorporate regulations pertaining to Public Document Room, Room O1F23, NRC’s potential adoption of the Final located at 11555 Rockville Pike, Subsequent to submission of the Environmental Impact Statement (FEIS) Rockville, MD. petitions, two events occurred which The NRC maintains an Agencywide to be prepared by the U.S. Department substantially altered the legal landscape Document Access and Management of Energy (DOE) as part of its site of the Government’s program for the recommendation of a potential geologic System (ADAMS), which provides text disposal of HLW. These events resulted repository. In the notice of the amended and image files of NRC’s public in the Commission’s withdrawal of its petition, the NRC noted that rulemaking documents. These documents may be proposed amendments to conform 10 actions currently underway, when accessed through the NRC’s Public finalized, would address the concerns CFR part 60 to EPA’s 1985 standards (63 Electronic Reading Room on the Internet expressed by petitioners (50 FR 51703). FR 66498; December 2, 1998). First, in at http://www.nrc.gov/NRC/ADAMS/ The actions included proposed 1987, Congress amended the Nuclear index.html. If you do not have access to amendments to 10 CFR part 60 to Waste Policy Act of 1982 (NWPA) in the ADAMS or if there are problems in eliminate inconsistencies between Nuclear Waste Policy Amendments Act accessing the documents located in NRC’s generic regulations and EPA’s (Public Law 100–203), to provide, ADAMS, contact the NRC Public 1985 standards, and proposed among other things, that only the site at Document Room (PDR) Reference staff amendments to 10 CFR part 51 on the Yucca Mountain, Nevada, (YM) would at 1–800–397–4209, 301–415–4737, or adoption of DOE’s FEIS. Accordingly, be characterized for possible selection by e-mail to [email protected]. the notice advised readers that further as a geologic repository. Second, in the FOR FURTHER INFORMATION CONTACT: consideration of the issues raised by Energy Policy Act of 1992 (Public Law Mark Haisfield, telephone (301) 415– petitioners would be deferred for 102–486), Congress required that EPA 6196, e-mail [email protected] or Timothy consideration in these rulemakings. On issue public health and environmental McCartin, telephone (301) 415–7285, July 3, 1989 (54 FR 27864), the NRC radiation protection standards that e-mail [email protected] of the Office of published a final rule, ‘‘NEPA Review would apply solely to the YM site and Nuclear Material Safety and Safeguards, Procedures for Geologic Repositories for that NRC modify its technical U.S. Nuclear Regulatory Commission, High-Level Waste.’’ In that rulemaking, requirements and criteria to be Washington, DC 20555–0001. the NRC denied the portion of the consistent with the EPA standards. SUPPLEMENTARY INFORMATION: amended petition proposing specific Pursuant to these statutory changes, the regulations to govern the process for The Petition EPA issued its final standards adopting DOE’s FEIS, but considered applicable to YM in a new 40 CFR Part On April 30, 1985 (50 FR 18267), the the concerns raised by petitioners on 197 on June 13, 2001 (66 FR 32074) and NRC published a notice of receipt of a this issue in the process of formulating petition for rulemaking (PRM–60–2) the final rule (54 FR 27868). the NRC issued its final conforming filed by the States of Nevada and requirements in a new 10 CFR part 63— Minnesota (petitioners) on January 21, 1 EPA’s final disposal standards at 40 CFR Part ‘‘Disposal of High-Level Radioactive 1985. The petition requested that the 191 were struck down by the U.S. Court of Appeals Wastes in a Proposed Geologic NRC amend its regulations in 10 CFR for the 1st Circuit in NRDC v. EPA, 824 F.2d 1258 Repository at Yucca Mountain, Nevada’’ (1st Cir. 1987). However, in 1992, Congress, in the Part 60 that govern disposal of HLW in Waste Isolation Pilot Plant Land Withdrawal Act, (66 FR 55732; November 2, 2001). In its geologic repositories. The petitioners Public Law 102–579, reinstated the standards for rulemaking, the NRC also amended 10 requested that NRC amend its sites other than Yucca Mountain, Nevada, except CFR part 60 to make it clear that 10 CFR regulations to add assurance for those portions that were the specific subject of part 60 only applies to the licensing of the judicial remand. The assurance requirements, requirements proposed by the EPA (40 40 CFR 191.14, were among the reinstated repositories at sites other than Yucca CFR 191.14) in EPA’s proposed rule (47 standards. Mountain.
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Denial of the Petition 10 CFR Part 63 and the Petition for permanent closure, it is required, by Although the Commission is denying § 63.51(a)(1), to update its performance The NRC is denying the petition, as assessment of the repository with the amended, for the following reasons: the petition for the reasons stated above, the Commission considered the performance confirmation data. 1. The petitioners’ concerns were substantive issues raised in the petition Consistent with NRC’s licensing considered in the rulemaking in the development of NRC’s final 10 procedures, this information and establishing 10 CFR part 63 and the CFR part 63 rule. A summary of how the associated analyses will be available to regulations in 10 CFR part 60 no longer petitioners’ proposals are addressed in all stakeholders. The program of post-permanent apply to a repository at YM. Therefore, 10 CFR part 63 is provided below: the petition, even if granted, would not closure monitoring begins after the affect the regulatory regime now in Post-permanent Closure Monitoring performance confirmation program ends place for the licensing of a potential The petitioners proposed revisions to (i.e., after the time of permanent repository at the YM site. the regulations that provide further closure). The program for post- permanent closure monitoring would The NRC has established a new set of specification to the requirements for the monitoring program to be implemented only occur if the Commission reaches a regulations applicable specifically and positive finding on the amendment for after the repository has been exclusively to a proposed repository at permanent closure. If an amendment for permanently sealed (i.e., post- YM in 10 CFR part 63. The issues raised permanent closure is granted, it is permanent closure). Generally, the by the petitioners were considered in expected that the performance petitioners requested that post- the course of this rulemaking as confirmation program would have permanent closure monitoring provide explained below. However, the provided further information to increase substantive confirmatory information petitioners’ requested amendments were confidence that repository performance regarding long-term repository specifically directed to the provisions is expected to comply with the performance at the time of license contained in 10 CFR part 60, ‘‘Disposal regulations. Post-permanent closure termination, post-permanent closure of High-Level Radioactive Wastes in monitoring is not considered an Geologic Repositories.’’ At the time the monitoring will not degrade repository extension of the confirmation program, petition was filed, these regulations performance, and that minimum but is intended as a more general were applicable to any potential HLW requirements for the description of the program expected to monitor a variety repository that would be sited, monitoring program be established in of conditions (e.g., land-use controls constructed or operated under the the regulation (e.g., parameters to be established under § 63.121(b), NWPA, including one at YM. However, monitored and monitoring devices). The safeguards information, and potential 10 CFR part 60 now has been amended, Commission’s new regulations in 10 release of radionuclides into ground in light of the statutory changes brought CFR part 63 address the petitioners’ water) to ensure public health and about by the 1987 amendments to the concerns in the requirements for a safety is protected. The Commission did NWPA and by the Energy Policy Act of performance confirmation program and not specify details for the post- 1992, to apply to any potential a program for post-permanent closure permanent closure monitoring program repository except one at YM. monitoring. in 10 CFR part 63, as was provided for Although both the performance the performance confirmation program. 2. There is no immediate need for confirmation program and the post- revising 10 CFR part 60 and doing so DOE’s development and NRC review of permanent closure monitoring program the post-permanent closure monitoring would unnecessarily expend limited include monitoring, the Commission Commission resources. program, submitted as part of the considers these two programs to be license amendment for permanent In the rulemaking to establish distinctly different because each closure, will benefit from the results of separate requirements for a repository at program addresses very distinct the performance confirmation program YM, the Commission chose to leave its regulatory periods and decisions. The (anticipated to extend over tens of existing generic requirements intact and performance confirmation program is years). Therefore, the Commission in place. The Commission conducted up to the time of the decision considers the general requirement for a acknowledged that if a need arises to to permanently close the repository. post-permanent closure monitoring apply the existing generic requirements Thus, the performance confirmation program to be appropriate and at 10 CFR part 60, those requirements data is used to inform and increase additional details are neither necessary would need to be revised to account for confidence in the Commission’s nor warranted at this time. As part of a developments in the capability of decision on permanent closure of the license amendment for permanent technical methods for assessing the repository. Objectives and requirements closure [§ 63.51(a)(2)], the details of the performance of a geologic repository. of the performance confirmation post-permanent closure monitoring See 64 FR 8641, 8643; February 22, program are specified in subpart F of program will be subject to regulatory 1999. However, the Commission part 63 that are consistent with the review and the NRC’s licensing process. expressed confidence that it would be petitioners’ recommendations (e.g., the afforded adequate time and resources in performance confirmation program: Institutional Controls future years to amend its generic monitors and evaluates subsurface The petitioners provided additional regulations for any additional repository conditions against design assumptions; text for 10 CFR part 60 that would site that might be authorized. Should it confirms natural and engineered clarify the regulatory approach for become necessary to revise these barriers are functioning as intended and institutional controls. First, the regulations, petitioners would have anticipated; monitors and analyzes petitioners proposed definitions for ample opportunity to suggest changes from the baseline condition of active and passive institutional controls. amendments. Barring such an parameters that could affect repository The Commission agrees with the eventuality, however, there is no performance; and is conducted in a concepts for active and passive immediate need to amend 10 CFR part manner that does not adversely affect institutional controls as proposed by the 60 and doing so would unnecessarily repository performance). When DOE petitioners and has included the expend limited Commission resources. files an application to amend the license essential elements of the petitioner’s
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definitions in 10 CFR part 63. address the issue of the effectiveness of regulations in 10 CFR part 63 require Specifically, 10 CFR part 63 includes a institutional controls to prevent the repository to be comprised of definition for passive institutional breaching of the repository’s engineered multiple barriers (at least one controls (§ 63.302) and provides specific or geologic barriers as a result of human engineered and one natural) and requirements for active institutional intrusion. The NAS concluded that it requires DOE to identify each barrier controls in the regulation. Active was not reasonable to assume that important to waste isolation, describe institutional controls are specific institutional controls will prevent each barrier’s capability to isolate waste, actions required during, and beyond, breaching of the repository’s barriers. and provide the technical basis for each the operational phase of a potential Thus, the NAS recommended a stylized barrier’s capability. In arriving at this repository that are more appropriate as calculation be used to determine approach, the Commission provided a regulatory requirements rather than as whether or not a human intrusion technical basis in the proposed rule for parts of a definition. Specific aspects of would substantially degrade repository 10 CFR part 63 (64 FR 8647; February the petitioner’s proposed definition for performance as an approach to 22, 1999) and considered public ‘‘active institutional control’’ are understand potential impacts to the comments in the final rule for 10 CFR provided in 10 CFR part 63, such as: (1) repository. EPA’s final standards in 40 part 63 (66 FR 55758; November 2, requirements for ownership and control CFR part 197 generally adopted the NAS of interests in land (§ 63.121); (2) approach. Consistent with statute, the 2001). This approach provides the program to control and monitor NRC incorporated the EPA human Commission the information necessary radioactive effluents during operations intrusion standard in 10 CFR part 63. to understand how all components of (§ 63.21); (3) performance confirmation The regulations in 40 CFR part 197 the repository system work together to program (Subpart F); and (4) plans for require DOE to determine the earliest ensure that the repository system is decontamination of surface facilities time after disposal that the waste robust and not wholly dependent on a (§ 63.52). In addition, pursuant to the package would degrade sufficiently that single barrier. The petitioners’ request to Energy Policy Act of 1992, DOE is a stylized human intrusion could occur include additional qualifying words required to provide post-closure without recognition by the drillers. DOE such as ‘‘significantly compensate for oversight to prevent any activity at the must then analyze in a stylized scenario uncertainties’’ are neither necessary nor site that poses an unreasonable risk of the consequences of a potential warranted to ensure the Commission is breaching the repository’s engineered or intrusion into the repository, whether provided sufficient information to make geologic barriers or increasing exposures such intrusion occurs before or after its regulatory decision. of the public beyond allowable limits. A 10,000 years after disposal. EPA noted Siting Criteria detailed description of DOE’s post- in the preamble to its final rule (66 FR closure oversight program is required at 32073, at 32104, June 13, 2001) that The petitioners requested that the § 63.51(a)(3). ‘‘DOE’s waste package performance presence of significant concentrations of Second, the petitioners requested a estimates indicate that a waste package any naturally occurring material not new section be added to 10 CFR part 60 would be recognizable to a driller for at widely available from other sources be clarifying that institutional controls will least thousands of years.’’ The added as a potentially adverse condition not assure compliance beyond 100 years petitioners’ recommendation that to be considered under siting criteria. after disposal, but that passive passive institutional controls could be Siting criteria were provided for in 10 institutional controls may be considered considered in assessing processes and CFR part 60, in part, to provide a basis in assessing the likelihood and events affecting the geologic setting is for comparing different sites. The consequences of processes and events contrary to the NAS determination that regulations in 10 CFR part 63 do not affecting the geologic setting. A more it is not possible to make scientifically restrictive approach for institutional supportable predictions of the contain such criteria because the need controls has been implemented in EPA’s probability that a repository barrier will for siting criteria was removed when the final standards in 40 CFR part 197 and be breached as a result of human Nuclear Waste Policy Amendments Act NRC’s final standards in 10 CFR part 63 intrusion. Consistent with EPA’s directed DOE to characterize a single than was proposed in the petition. DOE standards in 40 CFR part 197, the site. Therefore, the petitioners’ is not allowed to rely on institutional Commission has not included any suggestion is not relevant to 10 CFR part controls to assure compliance and 10 provisions for the use of active or 63. CFR part 63 does not permit passive passive institutional controls to be used Adoption of the Environmental Impact institutional controls to be considered in determining the likelihood of Statement in assessing the likelihood and processes and events. EPA’s and NRC’s consequences of processes and events. final regulations for Yucca Mountain This section of the petition was Both EPA’s approach in 40 CFR part 197 provide further details with regard to reviewed by the Commission and and the Commission’s approach in 10 the adopted approach to human denied in the NRC’s final rule, ‘‘NEPA CFR part 63 are based primarily on intrusion (66 FR 32073, at 32104, June Review Procedures for Geologic recommendations by the National 13, 2001; 66 FR 55732, at 55760, Repositories for High-Level Waste’’ (54 Academy of Sciences (NAS). November 2, 2001). FR 27864; July 3, 1989). In 1992, Congress directed EPA, at Section 801 of the Energy Policy Act of Multiple Barriers For the reasons cited in this 1992, Public Law 102–486 (EnPA), to The petitioners requested document, the NRC denies this petition. contract with the NAS to advise EPA on performance requirements for the Dated at Rockville, Maryland, this 5th day the appropriate technical basis for multiple barrier system of the repository of March, 2002. public health and safety standards specify that each barrier should be For the Nuclear Regulatory Commission. governing the Yucca Mountain designed or selected so that it repository. On August 1, 1995, the NAS complements the others and can Andrew L. Bates, published its report entitled ‘‘Technical significantly compensate for Acting Secretary of the Commission. Bases for Yucca Mountain Standards.’’ uncertainties about the performance of [FR Doc. 02–5763 Filed 3–8–02; 8:45 am] The EnPA specifically asked the NAS to one or more of the other barriers. The BILLING CODE 7590–01–P
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DEPARTMENT OF TRANSPORTATION received on or before the closing date amended by Amendments 23–1 through for comments will be considered by the 23–54 (September 14, 2000). Federal Aviation Administration Administrator. The proposals described (2) Part 34 of the Federal Aviation in this notice may be changed in light Regulations effective September 10, 14 CFR Part 23 of the comments received. All 1990, plus any amendments in effect on [Docket No. CE173; Notice No. 23–01–05– comments received will be available in the date of type certification. SC] the Rules Docket for examination by (3) Part 36 of the Federal Aviation interested persons, both before and after Regulations effective December 1, 1969, Special Conditions: Eclipse Aviation the closing date for comments. A report as amended by Amendment 36–1 Corporation, Model 500 Airplane; summarizing each substantive public through the amendment in effect on the Electronic Engine Control System contact with FAA personnel concerning date of type certification. this rulemaking will be filed in the (4) Noise Control Act of 1972. AGENCY: Federal Aviation docket. Persons wishing the FAA to (5) Special conditions that are not Administration (FAA), DOT. acknowledge receipt of their comments relevant to these proposed special ACTION: Notice of proposed special submitted in response to this notice conditions, if any; conditions. must include with those comments a (6) Exemptions, if any; self-addressed, stamped postcard on (7) Equivalent level of safety findings, SUMMARY: This notice proposes special which the following statement is made: if any; and conditions for Eclipse Aviation ‘‘Comments to Docket No. CE173.’’ The (8) Special conditions adopted by this Corporation, 2503 Clark Carr Loop SE, postcard will be date stamped and rulemaking action. Albuquerque, NM 87106 on the Eclipse returned to the commenter. If the Administrator finds that the Model 500 airplane. This airplane will applicable airworthiness regulations have a novel or unusual design Background (i.e., part 23) do not contain adequate or feature(s) associated with the use of an On July 12, 2001, Eclipse Aviation appropriate safety standards for the electronic engine control system instead Corporation applied for a type Eclipse Model 500 airplane because of of a traditional mechanical control certificate for their Model 500 airplane. a novel or unusual design feature, system. The applicable airworthiness The Eclipse Model 500 airplane special conditions are prescribed under regulations do not contain adequate or design includes digital electronic engine the provisions of § 21.16. appropriate safety standards for this control systems, which were not Special conditions, as appropriate, as design feature. These proposed special envisaged and are not adequately defined in § 11.19, are issued in conditions contain the additional safety addressed in 14 CFR part 23. The accordance with § 11.38 after public standards that the Administrator applicable existing regulations do not notice and become part of the type considers necessary to establish a level address electronic control systems since certification basis in accordance with of safety equivalent to that established those were not envisioned at the time. § 21.17(a)(2). by the existing airworthiness standards. Even though the engine control system Special conditions are initially DATES: Comments must be received on will be certificated as part of the engine, applicable to the model for which they or before April 10, 2002. the installation of an engine with an are issued. Should the type certificate electronic control system requires ADDRESSES: Comments on this proposal for that model be amended later to may be mailed in duplicate to: Federal evaluation due to the possible effects on include any other model that Aviation Administration, Regional or by other airplane systems (e.g., radio incorporates the same novel or unusual Counsel, Attention: Rules Docket No. interference with other airplane design feature, the special conditions CE173, 901 Locust, Room 506, Kansas electronic systems, shared engine and would also apply to the other model City, Missouri 64106; or delivered in airplane power sources). The regulatory under the provisions of § 21.101. requirements were not applicable to duplicate to the Regional Counsel at the Novel or Unusual Design Features above address. Comments must be sysems certificated as part of the engine The Eclipse Model 500 airplane will marked: Docket No. CE173. Comments (ref. § 23.1309(f)(1)). Also, electronic incorporate the following novel or may be inspected in the Rules Docket control systems often require inputs unusual design features: Digital weekdays, except Federal holidays, from airplane data and power sources electronic engine control systems. This between 7:30 a.m. and 4 p.m. and outputs to other airplane systems. Although the parts of the system that are notice proposes a special condition for FOR FURTHER INFORMATION CONTACT: Mr. not certificated with the engine could be a digital electronic engine control Ervin Dvorak, Federal Aviation evaluated using the criteria of § 23.1309, system on the Eclipse Model 500 Administration, Aircraft Certification the integral nature of systems such as airplane. Service, Small Airplane Directorate, these makes it unfeasible to evaluate the Applicability ACE–111, 901 Locust Street, Kansas airplane portion of the system without City, Missouri, 816–329–4123, fax 816– including the engine portion of the As discussed above, these special 329–4090. system. However, § 23.1309(f)(1) again conditions are applicable to the Eclipse SUPPLEMENTARY INFORMATION: prevents complete evaluation of the Model 500 airplane. Should Eclipse Aviation Corporation apply at a later Comments Invited installed airplane system since evaluation of the engine system’s effects date for a change to the type certificate Interested persons are invited to is not required. to include another model incorporating participate in the making of these the same novel or unusual design proposed special conditions by Type Certification Basis feature, the special conditions would submitting such written data, views, or Under the provisions of 14 CFR apply to that model as well under the arguments as they may desire. § 21.17, Eclipse Aviation Corporation provisions of § 21.101. Communications should identify the must show that the Eclipse Model 500 Conclusion regulatory docket or notice number and airplane meets the following: be submitted in duplicate to the address (1) Applicable provisions of 14 CFR This action affects only certain novel specified above. All communications part 23, effective December 18, 1964, as or unusual design features on one model
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of airplanes. It is not a rule of general No. 222 airplane. This airplane will Background applicability, and it affects only the have a novel or unusual design applicant who applied to the FAA for feature(s) associated with structural On January 28, 2001, CAP Aviation approval of these features on the design and loads criteria. The applicable applied for a type certificate for their airplane. airworthiness regulations do not contain new Model CAP 222. The CAP 222 is a adequate or appropriate safety standards two-place tandem seat, all carbon fiber List of Subjects in 14 CFR Part 23 for this design feature. These proposed composite made (wing and fuselage) Aircraft, Aviation safety, Signs and special conditions contain the low wing with no high lift devices. It is symbols. additional safety standards that the a fixed gear, unpressurized MTOW 1,600 pound airplane with aerobatic Citation Administrator considers necessary to establish a level of safety equivalent to capabilities from ¥10g to +10g and a The authority citation for these that established by the existing roll rate of 500 degrees per second. A special conditions is as follows: airworthiness standards. single 200 horsepower Textron- Authority: 49 U.S.C. 106(g), 40113 and DATES: Comments must be received on Lycoming AEIO–360–A1E engine and 44701; 14 CFR 21.16 and 21.17; and 14 CFR or before July 9, 2002. two-bladed MT propeller, type MTV– 11.38 and 11.19. ADDRESSES: Comments on this proposal 12–B–C/C–183–17e, comprise the propulsion system. The Proposed Special Conditions may be mailed in duplicate to: Federal Aviation Administration, Regional Since the airplane is designed for high Accordingly, the Federal Aviation Counsel, ACE–7, Attention: Rules performance acrobatic maneuvers with a Administration (FAA) proposes the Docket, Docket No. CE166, 901 Locust, design flight envelope of +10g, special following special conditions as part of Room 506, Kansas City, Missouri 64106, conditions are required to address the the type certification basis for the or delivered in duplicate to the Regional expanded flight envelope. Current 14 Eclipse Aviation Corporation Model Counsel at the above address. CFR Part 23 acrobatic category design 500, airplane. Comments must be marked: Docket No. requires that the flight envelope shall 1. Electronic Engine Control System CE166. Comments may be inspected in not be less than +6.0g, ¥3.0g. the Rules Docket weekdays, except The installation of the electronic Federal holidays, between 7:30 a.m. and Type Certification Basis engine control system must comply 4 p.m. with the requirements of § 23.1309(a) Under the provisions of 14 CFR FOR FURTHER INFORMATION CONTACT: through (e) at Amendment 23–49. The Mr. § 21.17, § 21.29, and § 21.183(c), CAP intent of this requirement is not to re- Mike Reyer, Federal Aviation Aviation must show that the CAP Model evaluate the inherent hardware Administration, Aircraft Certification 222 meets the applicable provisions of reliability of the control itself, but rather Service, Small Airplane Directorate, part 23, as amended by Amendments determine the effects, including ACE–111, 901 Locust, Kansas City, 23–1 through 23–53; 14 CFR part 36, environmental effects addressed in Missouri, 816–329–4131, fax 816–329– effective December 1, 1969, including § 23.1309(e), on the airplane systems 4090. amendments 36–1 through the and engine control system when SUPPLEMENTARY INFORMATION: amendment effective on the date of type certification. In addition, the installing the control on the airplane. Comments Invited When appropriate, engine certification certification basis includes exemptions, data may be used when showing Interested persons are invited to if any, equivalent level of safety compliance with this requirement. participate in the making of these findings, if any, and the special proposed special conditions by conditions adopted by this rulemaking Issued in Kansas City, Missouri on submitting such written data, views, or February 21, 2002. action. arguments as they may desire. Michael Gallagher, If the Administrator finds that the Communications should identify the applicable airworthiness regulations Manager, Small Airplane Directorate, Aircraft regulatory docket or notice number and Certification Service. (i.e., part 23) do not contain adequate or be submitted in duplicate to the address appropriate safety standards for the CAP [FR Doc. 02–5811 Filed 3–8–02; 8:45 am] specified above. All communications BILLING CODE 4910–13–U Model 222 because of a novel or received on or before the closing date unusual design feature, special for comments will be considered by the conditions are prescribed under the Administrator. The proposals described provisions of § 21.16. DEPARTMENT OF TRANSPORTATION in this notice may be changed in light Special conditions, as appropriate, Federal Aviation Administration of the comments received. All comments received will be available in become part of the type certification basis in accordance with § 21.17(a)(2). 14 CFR Part 23 the Rules Docket for examination by interested persons, both before and after Special conditions are initially [Docket No. CE166; Notice No. 23–01–03– the closing date for comments. A report applicable to the model for which they SC] summarizing each substantive public are issued. Should the type certificate contact with FAA personnel concerning for that model be amended later to Special Conditions: CAP Aviation, this rulemaking will be filed in the include any other model that Model CAP 222; Structural Design & docket. Persons wishing the FAA to incorporates the same novel or unusual Loads Criteria acknowledge receipt of their comments design feature, the special conditions would also apply to the other model AGENCY: Federal Aviation submitted in response to this notice Administration (FAA), DOT. must include with those comments a under the provisions of § 21.101(a)(1). ACTION: Notice of proposed special self-addressed, stamped postcard on Novel or Unusual Design Features conditions. which the following statement is made: ‘‘Comments to CE166.’’ The postcard The CAP Model 222 will incorporate SUMMARY: This notice proposes special will be date stamped and returned to the the following novel or unusual design conditions for the CAP Aviation Model commenter. features:
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Structural Design and Loads Criteria certificate to include another model simultaneous application of full rudder An analysis of world championship incorporating the same novel or unusual and elevator input. acrobatic sequences shows a significant design feature, the special conditions 3. Gyroscopic Forces. The airplane, number of occurrences of high load would apply to that model as well including the engine, engine mount, and factors up to ±10g. under the provisions of § 21.101(a)(1). fuselage attachment, must be designed for rational gyroscopic forces generated Wing Conclusion in acrobatic maneuvers. For airplanes capable of performing This action affects only certain novel 4. Fatigue. Representative acrobatic ‘‘flick rolls’’ (snap rolls), the wing or unusual design features on the CAP sequences and cross-country flight should be designed for 100/0 percent Model 222 airplane. It is not a rule of profiles must be used in establishing a maximum wing load distribution, in general applicability, and it affects only rational fatigue load spectrum. addition to the roll maneuver criteria of the applicant who applied to the FAA Issued in Kansas City, Missouri on § 23.349(b), unless lower values can be for approval of these features on the February 21, 2002. substantiated. These load conditions are airplane. Michael Gallagher, based on a VA and Cr max corresponding List of Subjects in 14 CFR Part 23 Manager, Small Airplane Directorate, Aircraft to the selected positive 10g design load Certification Service. factor. Unbalanced aerodynamic Aircraft, Aviation safety, Signs and [FR Doc. 02–5812 Filed 3–8–02; 8:45 am] moments about the center of gravity symbols. BILLING CODE 4910–13–U must be reacted in a rational or Citation conservative manner, considering the principal masses furnishing the reacting The authority citation for these DEPARTMENT OF TRANSPORTATION inertia forces. Furthermore, special conditions is as follows: consideration should be given to the fact Authority: 49 U.S.C. 106(g), 40113 and Federal Aviation Administration that pilots may make significant aileron 44701; 14 CFR 21.16 and 21.17; and 14 CFR control input above VA; therefore, a 11.28 and 11.29(b). 14 CFR Part 39 warning prohibiting unrestricted control The Proposed Special Conditions [Docket No. 92–ANE–56–AD] system input above VA should be included in the Pilot Operating Accordingly, the Federal Aviation RIN 2120–AA64 Handbook/Airplane Flight Manual Administration (FAA) proposes the Airworthiness Directives; Textron (POH/AFM) and on a cockpit placard. following special conditions as part of Lycoming Division, AVCO Corporation the type certification basis for CAP Empennage Fuel Injected Reciprocating Engines Model 222 airplanes. For airplanes capable of performing AGENCY: Structural Design and Loads Criteria Federal Aviation ‘‘flick rolls’’ (snap rolls), the empennage Administration, DOT. should be designed for 100/0 percent 1. Wing. For the ‘‘flick roll’’ condition ACTION: Notice of proposed rulemaking maximum load distribution unless in § 23.347(b), a 100/0 percent wing (NPRM). lower values can be substantiated. The load distribution should be used for use of rational flight test results is wing design. Accurate flight test load SUMMARY: This document proposes the preferred as a basis for design. Pilots measurements may be used in lieu of supersedure of an existing airworthiness may make significant rudder and the 100/0 percent maximum airload directive (AD), applicable to certain elevator controls inputs above VA, distribution. A notation shall be placed Textron Lycoming fuel injected therefore, adequate pilot warnings such in the Limitations Section of the POH/ reciprocating engines, that currently as discussed above are necessary. AFM, and an appropriate warning requires inspection, and replacement if Rational chord load distributions placard shall be installed on the main necessary, of externally mounted fuel should be used for the vertical and instrument panel prohibiting full or injector fuel lines. Since the issuance of horizontal tail surfaces. These may be abrupt control inputs above VA. the existing AD, additional engine series developed by flight test data, wind 2. Empennage. The horizontal tail and have been identified with the potential tunnel test data, theoretical analysis, or its attachments to the fuselage, and the for the same problem and necessitate a combination thereof. aft fuselage must be designed for the being included in the list of Textron Gyroscopic Forces worst case load condition using either Lycoming fuel injected reciprocating engine series, to the AD’s applicability. Since the airplane will be performing accurate flight test load measurements or an acceptable analytical method. This proposal is prompted by the need maneuvers that generate high pitch and to ensure that the additional Textron yaw rates, the airplane, including the Unsymmetrical load combinations acting on the wing and on the horizontal Lycoming fuel injected engine series engine, engine mount, and fuselage listed in this proposed rule receive the attachment, must be designed for tail are assumed to be turning the airplane in the same direction around same inspections as series covered by rational gyroscopic forces generated in the current AD. The actions specified by specific acrobatic maneuvers. the roll axis. A notation shall be placed in the limitation section of the POH/ the proposed AD are intended to Fatigue AFM, and an appropriate warning prevent failure of the fuel injector fuel lines allowing fuel to spray into the The fatigue load should be developed placard shall be installed on the main engine compartment, resulting in an from representative sequences and cross instrument panel prohibiting full or engine fire. country flight profiles. abrupt control inputs above VA. Rational chord load distributions should be used DATES: Comments must be received by Applicability for the vertical and horizontal tail May 10, 2002. As discussed above, these special surfaces. Appropriate data must be used ADDRESSES: Submit comments to the conditions are applicable to the Model to develop unsymmetrical loading of the Federal Aviation Administration (FAA), CAP 222. Should CAP Aviation apply at horizontal tail surface and as a basis for New England Region, Office of the a later date for a change to the type fuselage torsion. This must include Regional Counsel, Attention: Rules
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Docket No. 92–ANE–56–AD, 12 New FAA, New England Region, Office of the accordance with the service bulletin England Executive Park, Burlington, MA Regional Counsel, Attention: Rules described previously. 01803–5299. Comments may also be Docket No. 92–ANE–56–AD, 12 New Economic Analysis sent via the Internet using the following England Executive Park, Burlington, MA address: ‘‘[email protected]’’. 01803–5299. There are about 4,160 engines of the Comments sent via the Internet must affected design in the worldwide fleet. contain the docket number in the Discussion The FAA estimates that 2,496 engines subject line. Comments may be On June 5, 1992, the FAA issued a installed on aircraft of U.S. registry inspected at this location between 8 priority letter AD 92–12–10, applicable would be affected by this proposed AD, a.m. and 4:30 p.m., Monday through only to Textron Lycoming Series TIO– that it would take about 1 work hour to Friday, except Federal holidays. The 540–S1AD engines, which requires inspect and replace all lines on a four- service information referenced in the inspecting, and if necessary, replacing cylinder engine, 1.5 work hours to proposed rule may be obtained from the externally mounted fuel injector fuel inspect and replace all lines on a six- Textron Lycoming, 652 Oliver Street, lines. The FAA subsequently cylinder engine, and 2 hours to inspect Williamsport, PA 17701, telephone: determined that similar externally and replace all lines on an eight- (570) 323–6181. This information may mounted fuel injector fuel line cylinder engine, and that the average be examined at the FAA, New England configurations existed on other Textron labor rate is $60 per work hour. Region, Office of the Regional Counsel, Lycoming fuel injected engines. Since Required parts would cost about 12 New England Executive Park, an unsafe condition was identified that $440.00 for a four-cylinder engine, Burlington, MA. was likely to exist or develop on other $660.00 for a six-cylinder engine, and FOR FURTHER INFORMATION CONTACT: Textron Lycoming engines of the same $880.00 for an eight-cylinder engine. Norman Perenson, Aerospace Engineer, type design, the FAA issued AD 93–02– Based on these figures, the total cost per New York Aircraft Certification Office, 05, Amendment 39–8487 (58 FR 26056, airplane of the proposed AD on U.S. FAA, Engine and Propeller Directorate, dated April 30, 1993), to require operators is estimated as follows: • 10 Fifth Street, 3rd floor, Valley Stream, inspecting, and if necessary replacing, $500.00 for a four-cylinder engine. NY 11581–1200; telephone: (516) 256– • $750.00 for a six-cylinder engine. the fuel injector fuel lines. That action • 7537, fax: (516) 568–2716. was prompted by reports of failures of $1000.00 for an eight-cylinder SUPPLEMENTARY INFORMATION: fuel injector fuel lines that were missing engine. Comments Invited support clamps. The requirements of Regulatory Analysis that AD were intended to prevent failure This proposal does not have Interested persons are invited to of the fuel injector fuel lines allowing federalism implications, as defined in participate in the making of the fuel to spray into the engine Executive Order 13132, because it proposed rule by submitting such compartment, resulting in an engine would not have a substantial direct written data, views, or arguments as fire. effect on the States, on the relationship they may desire. Communications Since that AD was issued, the FAA should identify the Rules Docket between the national government and has identified models AEIO–320, AIO– the States, or on the distribution of number and be submitted to the address 320, IO–320, LIO–320, AEIO–360, AIO– specified above. All communications power and responsibilities among the 360, HIO–360, IO–360, IVO–360, LIO– various levels of government. received on or before the closing date 360, TIO–360, IGO–480, AEIO–540, for comments, specified above, will be Accordingly, the FAA has not consulted IGO–540, IO–540, IVO–540, LTIO–540, considered before taking action on the with state authorities prior to TIO–540, TIVO–540, and IO–720 series proposed rule. The proposals contained publication of this proposal. engines that require inspecting, and if in this action may be changed in light For the reasons discussed above, I necessary replacing externally mounted of the comments received. certify that this proposed regulation (1) Comments are specifically invited on fuel lines. is not a ‘‘significant regulatory action’’ the overall regulatory, economic, Service Information under Executive Order 12866; (2) is not environmental, and energy aspects of a ‘‘significant rule’’ under the DOT the proposed rule. All comments The FAA has reviewed and approved Regulatory Policies and Procedures (44 submitted will be available, both before the technical contents of Textron FR 11034, February 26, 1979); and (3) if and after the closing date for comments, Lycoming Mandatory Service Bulletin promulgated, will not have a significant in the Rules Docket for examination by (MSB) No. 342D, dated July 10, 2001, economic impact, positive or negative, interested persons. A report that describes procedures for inspecting, on a substantial number of small entities summarizing each FAA-public contact and if necessary replacing the fuel under the criteria of the Regulatory concerned with the substance of this injector fuel lines. Textron Lycoming Flexibility Act. A copy of the draft proposal will be filed in the Rules MSB No. 342D supersedes Textron regulatory evaluation prepared for this Docket. Lycoming MSB No. 342C, MSB No. action is contained in the Rules Docket. Commenters wishing the FAA to 342B, Supplement No. 1 to MSB 342B, A copy of it may be obtained by acknowledge receipt of their comments MSB 342A, and MSB 342. contacting the Rules Docket at the submitted in response to this action Proposed Actions location provided under the caption must submit a self-addressed, stamped ADDRESSES. postcard on which the following Since an unsafe condition has been statement is made: ‘‘Comments to identified that is likely to exist or List of Subjects in 14 CFR Part 39 Docket Number 92–ANE–56–AD.’’ The develop on other Textron Lycoming Air transportation, Aircraft, Aviation postcard will be date stamped and engines of this same type design, the safety, Safety. returned to the commenter. proposed AD would supersede AD 93– 02–05 to add additional Textron The Proposed Amendment Availability of NPRM’s Lycoming engine models to the Accordingly, pursuant to the Any person may obtain a copy of this applicability of the AD. The actions authority delegated to me by the NPRM by submitting a request to the would be required to be done in Administrator, the Federal Aviation
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Administration proposes to amend part TABLE 1.—ENGINE MODELS Compliance 39 of the Federal Aviation Regulations AFFECTED—Continued Required as indicated, unless already done. (14 CFR part 39) as follows: To prevent failure of the fuel injector fuel Engine Model lines allowing fuel to spray into the engine PART 39—AIRWORTHINESS compartment, resulting in an engine fire, do DIRECTIVES IO–540 ..... –A1A5, –AA1A5, –AA1B5, the following: 1. The authority citation for part 39 –AB1A5, –AC1A5, –B1A5, Engines That Have Been Previously –B1C5, –C1B5, –C4B5, Inspected continues to read as follows: –C4D5D, –D4A5, –E1A5, (a) For engines that have been inspected in Authority: 49 U.S.C. 106(g), 40113, 44701. –E1B5, –G1A5, –G1B5, accordance with Textron Lycoming –G1C5, –G1D5, –G1E5, Mandatory Service Bulletin (MSB) No. 342, § 39.13 [Amended] –G1F5, –J4A5, –V4A5D, Textron Lycoming MSB No. 342A, Textron 2. Section 39.13 is amended by –K1A5, –KIA5D, –KIB5, Lycoming MSB No. 342B, Supplement No. 1 removing Amendment 39–8487 (58 –KIC5, –KID5, –K1E5, to MSB No. 342B, and Textron Lycoming 26056, April 30, 1993), and by adding –K1E5D, –KIF5, –K1J5, MSB No. 342C, inspect in accordance with a new airworthiness directive, to read as –KIF5D, –K1G5, –K1G5D, paragraph (c) of this AD. follows: –K1H5, –K1J5D, –K1K5, Engines That Have Not Been Inspected –K1E5, –K1E5D, –K1F5, Textron Lycoming Division, AVCO –K1J5, –L1C5, –M1A5, (b) For engines that have not had initial Corporation Docket No. 92–ANE–56– inspections previously done in accordance –M1B5D, –N1A5, –P1A5, AD. Supersedes AD 93–02–05, with Textron Lycoming MSB No. 342, Amendment 39–8487. –R1A5, –S1A5, –T4A5D, Textron Lycoming MSB No. 342A, Textron –T4B5, –T4B5D, –T4C5D, Lycoming MSB No. 342B, Supplement No. 1 Applicability –V4A5, –V4A5D, –W1A5D, to MSB No. 342B, and Textron Lycoming Textron Lycoming fuel injected –W3A5D MSB No. 342C, inspect in accordance with reciprocating engines incorporating Textron Lycoming MSB No. 342D, dated July externally mounted fuel injection lines as IVO–540 .. –A1A 10, 2001 as follows: listed in the following Table 1: (1) For engines that have not yet had any LTIO–540 –F2BD, –J2B, –J2BD, –N2BD, fuel line maintenance done, or have not had TABLE 1.—ENGINE MODELS AFFECTED –R2AD, –U2A, –V2AD, –W2A any fuel line maintenance done since the last overhaul, inspect within 50 hours time-in- Engine Model TIO–540 .. –A1A, –A1B, –A2A, –A2B, service after the effective date of this AD, and –A2C, –AE2A, –AH1A, replace as necessary, the fuel injector fuel AEIO–320 –D1B, –D2B, –E1B, –E2B –AA1AD, –AF1A, –AF1B, lines and clamps between the fuel manifold –AG1A, –AB1AD, –AB1BD, and the fuel injector nozzles that do not meet AIO–320 .. –A1B, –BIB, –C1B –AH1A, –AJ1A, –AK1A, –C1A, all conditions specified in Textron Lycoming –E1A, –G1A, –F2BD, –J2B, MSB No. 342D, dated July 10, 2001. IO–320 ..... –B1A, –B1C, –C1A, –D1A, –J2BD, –N2BD, –R2AD, (2) For all other engines, inspect within 10 hours time-in-service after the effective date –D1B, –E1A, –E1B, –E2A, –S1AD, –U2A, –V2AD, –W2A –E2B of this AD, and replace as necessary, the fuel injector fuel lines and clamps between the TIVO–540 –A2A LIO–320 ... –B1A, –C1A fuel manifold and the fuel injector nozzles that do not meet all conditions specified in IO–720 ..... –A1A, –A1B, –D1B, –D1BD, AEIO–360 –A1A, –A1B, –A1B6, –A1D, Textron Lycoming MSB No. 342D, dated July –D1C, –D1CD, –B1B, –B1BD, 10, 2001. –A1E, –A1E6, –B1F, –B2F, –C1B –B1G6, –B4A, –H1A, –H1B Repetitive Inspections Engine models in Table 1 are installed on, (c) Thereafter, at each annual inspection, at AIO–360 but not limited to Piper PA–24 Comanche, each 100-hour inspection, at each engine –A1A, PA–30 and PA–39 Twin Comanche, PA–28 overhaul, and after any maintenance has –A1B, Arrow, and PA–23 Aztec; Beech 23 been done on the engine where the fuel –B1B. Musketeer; Mooney 20, and Cessna 177 injector fuel lines have been disconnected, Cardinal aircraft. moved, or loosened, inspect the fuel injector HIO–360 .. –A1A, –A1B, –B1A, –C1A, fuel lines and clamps and replace as –C1B, –D1A, –E1AD, E1BD, Note 1: This AD is applicable to engines necessary any fuel injector fuel line and –F1AD with an ‘‘I’’ in the prefix of the model clamp that does not meet all conditions designation that have externally mounted specified in Textron Lycoming MSB No. IO–360 ..... –A1A, –A1B, –A1B6, –A1B6D, fuel injection lines. This AD is not applicable 342D, dated July 10, 2001. –A1C, –A1D, –A1D6, –A2A, to engines having internally mounted fuel –A2B, –A3B6, –A3B6D, –B1B, injection lines, which are not accessible. Alternative Methods of Compliance –B1D, –B1E, –B1F, –B1G6, Note 2: This airworthiness directive (AD) (d) An alternative method of compliance or adjustment of the compliance time that –B2F, –B2F6, –B4A, –C1A, applies to each engine identified in the –C1B, –C1C, –C1C6, –C1D6, provides an acceptable level of safety may be preceding applicability provision, regardless used if approved by the Manager, New York –C1E6, –C1F, –C1G6, of whether it has been modified, altered, or –C2G6, –J1A6D, –L2A, –M1A, Aircraft Certification Office (ACO). Operators repaired in the area subject to the must submit their request through an requirements of this AD. For engines that IVO–360 .. –A1A appropriate FAA Principal Maintenance have been modified, altered, or repaired so Inspector, who may add comments and then LIO–360 ... –C1E6 that the performance of the requirements of send it to the Manager, New York ACO. this AD is affected, the owner/operator must Note 3: Information concerning the TIO–360 .. –A1B, –C1A6D request approval for an alternative method of existence of approved alternative methods of compliance in accordance with paragraph (d) compliance with this airworthiness directive, IGO–480 .. –A1B6 of this AD. The request should include an if any, may be obtained from the New York assessment of the effect of the modification, ACO. AEIO–540 –D4A5, –D4B5, –D4D5, –L1B5, alteration, or repair on the unsafe condition –L1B5D, –L1D5 addressed by this AD; and, if the unsafe Special Flight Permits condition has not been eliminated, the (e) Special flight permits may be issued in IGO–540 .. –B1A, –B1C request should include specific proposed accordance with §§ 21.197 and 21.199 of the actions to address it. Federal Aviation Regulations (14 CFR 21.197
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and 21.199) to operate the aircraft to a Microsoft Work 97 for Windows or upper diagonal support tubes intersect location where the requirements of this AD ASCII text. on the left hand side of the fuselage can be done. You may get service information that frame just forward of the vertical fin Issued in Burlington, Massachusetts, on applies to this proposed AD from Air front spar attachment point on Model March 1, 2002. Tractor, Incorporated, P.O. Box 485, AT–602 airplanes. The crack starts at Mark C. Fulmer, Olney, Texas 76374. You may also view the forward edge of the weld where the Acting Manager, Engine and Propeller this information at the Rules Docket at tubes come together. We have Directorate, Aircraft Certification Service. the address above. determined that the cracks are a result [FR Doc. 02–5691 Filed 3–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: of high vertical tail loads during BILLING CODE 4910–13–U Andrew D. McAnaul, Aerospace repeated hard turns. The cracks were Engineer, FAA, Fort Worth Airplane found by the pilot and/or ground crew Certification Office, 2601 Meacham when they noticed excessive movement DEPARTMENT OF TRANSPORTATION Boulevard, Fort Worth, Texas 76193– in the empennage due to the loss of 0150; telephone: (817) 222–5156; torsional rigidity. Federal Aviation Administration facsimile: (817) 222–5960. What Are the Consequences if the SUPPLEMENTARY INFORMATION: 14 CFR Part 39 Condition Is Not Corrected? Comments Invited [Docket No. 2002–CE–03–AD] This condition, if not corrected, could How Do I Comment on This Proposed cause the fuselage to fail. Such failure RIN 2120–AA64 AD? could result in loss of control of the airplane. Airworthiness Directives; Air Tractor, The FAA invites comments on this Inc. Model AT–602 Airplanes proposed rule. You may submit Is There Service Information That whatever written data, views, or Applies to This Subject? AGENCY: Federal Aviation arguments you choose. You need to Air Tractor has issued the following: Administration, DOT. include the rule’s docket number and ACTION: Notice of proposed rulemaking submit your comments to the address —Snow Engineering Co. Service Letter #195, dated February 4, 2000; (NPRM). specified under the caption ADDRESSES. —Snow Engineering Co. Service Letter We will consider all comments received SUMMARY: #213, dated November 13, 2001; This document proposes to on or before the closing date. We may —Snow Engineering Co. Process adopt a new airworthiness directive amend this proposed rule in light of Specification #102, Revised January 5, (AD) that would apply to certain Air comments received. Factual information 2001; Tractor, Inc. (Air Tractor) Model AT– that supports your ideas and suggestions 602 airplanes. This proposed AD would —Snow Engineering Co. Process is extremely helpful in evaluating the Specification #120, Revised December require you to repetitively inspect the effectiveness of this proposed AD action left hand upper longeron and upper 16, 1997; and and determining whether we need to —Snow Engineering Co. Process diagonal tube of the fuselage frame for take additional rulemaking action. cracks and repair any cracks found. This Specification #125, dated November proposed AD would also require Are There Any Specific Portions of This 28, 1993. eventual modification of this area to Proposed AD I Should Pay Attention to? What Are the Provisions of This Service terminate the repetitive inspection. This The FAA specifically invites Information? proposed AD is the result of reports of comments on the overall regulatory, These service bulletins include excessive movement in the empennage economic, environmental, and energy procedures for: due to the loss of fuselage torsional aspects of this proposed rule that might rigidity. The actions specified by this suggest a need to modify the rule. You —Repetitively inspecting the upper proposed AD are intended to prevent may view all comments we receive longeron and upper diagonal tube on failure of the fuselage caused by cracks. before and after the closing date of the the left hand side of the aft fuselage Such failure could result in loss of rule in the Rules Docket. We will file a structure for cracks; and control of the airplane. report in the Rules Docket that —Modifying this area by installing DATES: The Federal Aviation summarizes each contact we have with reinforcement parts. Administration (FAA) must receive any the public that concerns the substantive The FAA’s Determination and an comments on this proposed rule on or parts of this proposed AD. Explanation of the Provisions of This before May 10, 2002. How Can I Be Sure FAA Receives My Proposed AD ADDRESSES: Submit comments to FAA, Comment? What Has FAA Decided? Central Region, Office of the Regional Counsel, Attention: Rules Docket No. If you want FAA to acknowledge the After examining the circumstances 2002–CE–03–AD, 901 Locust, Room receipt of your comments, you must and reviewing all available information 506, Kansas City, Missouri 64106. You include a self-addressed, stamped related to the incidents described above, may view any comments at this location postcard. On the postcard, write we have determined that: between 8 a.m. and 4 p.m., Monday ‘‘Comments to Docket No. 2002–CE–03– —The unsafe condition referenced in through Friday, except Federal holidays. AD.’’ We will date stamp and mail the this document exists or could develop You may also send comments postcard back to you. on other Air Tractor Model AT–602 electronically to the following address: Discussion airplanes of the same type design; 9–ACE–7–[email protected]. Comments —The actions specified in the sent electronically must contain What Events Have Caused This previously-referenced service ‘‘Docket No. 2002–CE–03–AD’’ in the Proposed AD? information should be accomplished subject line. If you send comments The FAA has received reports of three on the affected airplanes; and electronically as attached electronic occurrences where cracks were found —AD action should be taken in order to files, the files must be formatted in on the left hand upper longeron and correct this unsafe condition.
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What Would This Proposed AD Require? design in the upper longeron in the aft Cost Impact fuselage structure. However, we have This proposed AD would require you How Many Airplanes Would This not received any reports of damage to to repetitively inspect the upper Proposed AD Impact? longeron and upper diagonal tube on this area on those airplanes. The only the left hand side of the aft fuselage reports of damage are those previously We estimate that this proposed AD structure for cracks, repair any cracks referenced on the Model AT–602 affects 91 airplanes in the U.S. registry. found, and modifying this area by airplanes. installing reinforcement parts. What Would Be the Cost Impact of This Air Tractor is currently researching Proposed AD on Owners/Operators of Why Are the Air Tractor AT–400, AT– this subject on the AT–400, AT–500, the Affected Airplanes? 500, and AT–800 Series Airplanes Not and AT–800 series airplanes. Based on Included in This Proposed AD? this research and if justified, we may We estimate the following costs to The Air Tractor AT–400, AT–500, and propose additional rulemaking on this accomplish the proposed inspection(s): AT–800 series airplanes have a similar subject for these other airplanes.
Total cost per Total cost on U.S. Labor cost Parts cost airplane operators
1 workhour × $60 = $60 ...... No parts required ...... $60 $60 × 91 = $5,460
We estimate the following costs to accomplish the proposed modification:
Total cost per Labor cost Parts cost airplane
8 workhours × $60 = $480 ...... Manufacturer will provide parts at no charge ...... $480
Regulatory Impact on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. under the criteria of the Regulatory Would This Proposed AD Impact Flexibility Act. A copy of the draft § 39.13 [Amended] Various Entities? regulatory evaluation prepared for this 2. FAA amends § 39.13 by adding a The regulations proposed herein action has been placed in the Rules new airworthiness directive (AD) to would not have a substantial direct Docket. A copy of it may be obtained by read as follows: effect on the States, on the relationship contacting the Rules Docket at the between the national government and location provided under the caption Air Tractor, Inc.: Docket No. 2002–CE–03– the States, or on the distribution of ADDRESSES. AD. power and responsibilities among the (a) What airplanes are affected by this AD? List of Subjects in 14 CFR Part 39 various levels of government. Therefore, This AD affects Model AT–602 airplanes, it is determined that this proposed rule Air transportation, Aircraft, Aviation serial numbers 602–0337 through 602–0569, would not have federalism implications safety, Safety. that are certificated in any category. under Executive Order 13132. (b) Who must comply with this AD? The Proposed Amendment Anyone who wishes to operate any of the Would This Proposed AD Involve a Accordingly, under the authority airplanes identified in paragraph (a) of this Significant Rule or Regulatory Action? delegated to me by the Administrator, AD must comply with this AD. For the reasons discussed above, I the Federal Aviation Administration (c) What problem does this AD address? certify that this proposed action (1) is proposes to amend part 39 of the The actions specified by this AD are intended not a ‘‘significant regulatory action’’ Federal Aviation Regulations (14 CFR to prevent failure of the empennage caused under Executive Order 12866; (2) is not part 39) as follows: by cracks. Such failure could result in loss a ‘‘significant rule’’ under DOT of control of the airplane. PART 39—AIRWORTHINESS (d) What actions must I accomplish to Regulatory Policies and Procedures (44 DIRECTIVES FR 11034, February 26, 1979); and (3) if address this problem? To address this promulgated, will not have a significant 1. The authority citation for part 39 problem, you must accomplish the following: economic impact, positive or negative, continues to read as follows:
Actions Compliance Procedures
(1) Inspect the upper longeron and upper di- Initially inspect within the next 50 hours time- In accordance with Snow Engineering Co. agonal tube on the left hand side of the fuse- in-service (TIS) after the effective date of Service Letter #195, dated February 4, lage frame, just forward of the vertical fin this AD and thereafter at intervals not to ex- 2000, and applicable maintenance manual. front spar attachment, for cracks. ceed 100 hours TIS until 12 months after the effective date of this AD.
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Actions Compliance Procedures
(2) If cracks are found during any inspection re- Prior to further flight after the inspection in In accordance with the repair scheme ob- quired in paragraph (d)(1) of this AD, accom- which the cracks are found. The incorpora- tained from Air Tractor, Incorporated, P.O. plish the following:. tion of the repair scheme will terminate the Box 485, Olney, Texas 76374. Obtain this (i) Obtain a repair scheme from the manufac- repetitive inspections. repair scheme through the FAA at the ad- turer through the FAA at the address speci- dress specified in paragraph (f) of this AD. fied in paragraph (f) of this AD; and (ii) Incorporate this repair scheme
(3) If no cracks were found during any inspec- Within the next 12 calendar months after the In accordance with Snow Engineering Co. tion required in paragraph (d)(1) of this AD, effective date of this AD. You may install Service Letter #213, dated November 13, accomplish the following:. the reinforcement gussets at any time to 2001, Snow Engineering Co. Process Spec- (i) Inspect as required in paragraph (d)(1) to terminate the repetitive inspections provided ification #102, revised January 5, 2001, ensure there are no cracks; and that you inspect prior to installation and no Snow Engineering Co. Process Specifica- (ii) Install gusset part numbers 11946–1 and cracks are found. tion #120, revised December 16, 1997, and 11686–1 (or FAA-approved equivalent part Snow Engineering Co. Process Specifica- numbers) tion #125, dated November 28, 1993, as specified in Service Letter #213, and the applicable maintenance manual.
(e) Can I comply with this AD in any other Issued in Kansas City, Missouri, on March airspace between the terminal and the way? You may use an alternative method of 4, 2002. en route phase of flight for aircraft compliance or adjust the compliance time if: James E. Jackson, executing Instrument Flight Rules (IFR) (1) Your alternative method of compliance Acting Manager, Small Airplane Directorate, operations at Newport Municipal provides an equivalent level of safety; and Aircraft Certification Service. Airport, Newport, OR. (2) The Manager, Fort Worth Aircraft [FR Doc. 02–5690 Filed 3–8–02; 8:45 am] Certification Office (ACO), approves your DATES: Comments must be received on alternative. Submit your request through an BILLING CODE 4910–13–U or before April 25, 2002. FAA Principal Maintenance Inspector, who ADDRESSES: Send comments on the may add comments and then send it to the proposal in triplicate to: Manager, DEPARTMENT OF TRANSPORTATION Manager, Fort Worth ACO. Airspace Branch, ANM–520, Federal Note: This AD applies to each airplane Federal Aviation Administration Aviation Administration, Docket No. identified in paragraph (a) of this AD, 01–ANM–17, 1601 Lind Avenue SW, regardless of whether it has been modified, 14 CFR Part 71 Renton, Washington 98055–4056. altered, or repaired in the area subject to the An informal docket may also be requirements of this AD. For airplanes that [Airspace Docket No. 01–ANM–17] examined during normal business hours have been modified, altered, or repaired so in the office of the Manager, Air Traffic that the performance of the requirements of Proposed Modification of Class E Division, Airspace Branch, at the this AD is affected, the owner/operator must Airspace, Newport, OR request approval for an alternative method of address listed above. compliance in accordance with paragraph (e) AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: of this AD. The request should include an Administration (FAA), DOT. Brian Durham, ANM–520.7, Federal assessment of the effect of the modification, ACTION: Notice of proposed rulemaking Aviation Administration, Docket No. alteration, or repair on the unsafe condition (NPRM). 01–ANM–17, 1601 Lind Avenue SW., addressed by this AD; and, if you have not Renton, Washington 98055–4056: eliminated the unsafe condition, specific SUMMARY: This action proposes to telephone number: (425) 227–2527. actions you propose to address it. modify existing Class E airspace at SUPPLEMENTARY INFORMATION: (f) Where can I get information about any Newport, OR. Newly developed Area already-approved alternative methods of Navigation (RNAV) Special Standard Comments Invited compliance? Contact Andrew D. McAnaul, Instrument Approach Procedure (SIAP) Interested parties are invited to Aerospace Engineer, FAA, Fort Worth Airplane Certification Office, 2601 Meacham and the certification of new weather participate in this proposed rulemaking Boulevard, Fort Worth, Texas 76193–0150; reporting equipment at the Newport by submitting such written data, views, telephone: (817) 222–5156; facsimile: (817) Municipal Airport has made this or arguments, as they may desire. 222–5960. proposal necessary. Additional Class E Comments that provide the factual basis (g) What if I need to fly the airplane to 700-feet and 1,200-feet controlled supporting the views and suggestions another location to comply with this AD? The airspace, above the surface of the earth presented are particularly helpful in FAA can issue a special flight permit under is required to contain aircraft executing developing reasoned regulatory sections 21.197 and 21.199 of the Federal the RNAV RWY 16 Global Positioning decisions on the proposal. Comments Aviation Regulations (14 CFR 21.197 and System (GPS) SIAP at Newport are specifically invited on the overall 21.199) to operate your airplane to a location Municipal Airport. Newport Municipal regulatory, aeronautical, economic, where you can accomplish the requirements Airport currently has part-time Class environmental, and energy related of this AD. E–2 airspace due to the lack of weather aspects of the proposal. (h) How do I get copies of the documents reporting. New weather reporting Communications should identify the referenced in this AD? You may get copies of the documents referenced in this AD from equipment has been installed and airspace docket number and be Air Tractor, Incorporated, P.O. Box 485, certified, therefore, this proposal also submitted in triplicate to the address Olney, Texas 76374. You may view these changes the Class E–2 Airspace at listed above. Commenters wishing the documents at FAA, Central Region, Office of Newport, OR, to 24-hour operation. The FAA to acknowledge receipt of their the Regional Counsel, 901 Locust, Room 506, intended effect of this action is to comments on this action must submit, Kansas City, Missouri 64106. provide adequate Class E controlled with those comments, a self-addressed
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stamped postcard on which the Airport and between the terminal and dated August 31, 2001, and effective following statement is made: en route transition stages. September 16, 2001, is amended as ‘‘Comments to Airspace Docket No. 01– The area would be depicted on follows: ANM–17.’’ The postcard will be date/ aeronautical charts for pilot reference. Paragraph 6002 Class E airspace designated time stamped and returned to the The coordinates for this airspace docket as surface area for an airport. commenter. All communications are based on North American Datum 83. received on or before the specified Class E airspace designated as surface * * * * * closing date for comments will be area for an airport, are published in ANM OR E2 Newport, OR [Revised] considered before taking action on the Paragraph 6002; Class E airspace areas Newport Municipal Airport, OR proposed rule. The proposal contained extending upward from 700-feet or (Lat. 44°34′49″ N, long. 124°03′28″ W.) in this action may be changed in the move above the surface of the earth, are Newport VORTAC light of comments received. All published in Paragraph 6005, of FAA (Lat. 44°34′31″ N, long. 124°03′38″ W.) comments submitted will be available Order 7400.9J, dated August 31, 2001, for examination at the address listed and effective September 16, 2001, which Within a 4-mile radius of the Newport above both before and after the closing is incorporated by reference in 14 CFR Municipial Airport, and within 3.5 miles ° date for comments. A report 71.1. The Class E airspace designations each side of the Newport VORTAC 357 summarizing each substantive public listed in this document will be radial extending from the 4-mile radius to 7.9 contact with FAA personnel concerned published subsequently in the Order. miles north of the VORTAC. with this rulemaking will be filed in the The FAA has determined that this * * * * * docket. proposed regulation only involves an Paragraph 6005 Class E airspace areas Availability of NPRM’s established body of technical extending upward from 700-feet or more regulations for which frequent and above the surface of the earth. routine amendments are necessary to Any person may obtain a copy of this * * * * * NPRM by submitting a request to the keep them operationally current. It, Federal Aviation Administration, therefore, (1) is not a ‘‘significant ANM OR E5 Newport, or [Revised] Airspace Branch, ANM–520, 1601 Lind regulatory action’’ under Executive Newport Municipal Airport, OR Avenue SW, Renton, Washington Order 12866; (2) is not a ‘‘significant (Lat. 44°34′49″ N, long. 124°03′28″ W.) 98055–4056. Communications must rule’’ under DOT Regulatory Policies Newport VORTAC identify the docket number of this and Procedures (44 FR 11013; February (Lat. 44°34′31″ N, long. 124°03′38″ W.) 26, 1979); and (3) does not warrant NPRM. Persons interested in being That airspace extending upward from 700- placed on a mailing list for future preparation of a Regulatory Evaluation feet above the surface within a 5.5 mile NPRM’s should also request a copy of as the anticipated impact is so minimal. radius of Newport Municipal Airport, and Advisory Circular No. 11–2A, which Since this is a routine matter that will within 3.5 miles each side of the 005° bearing describes the application procedure. only affect air traffic procedures and air from the Newport VORTAC extending from navigation, it is certified that this rule, The Proposal the 5.5 mile radius to 8.7 miles north of the when promulgated, will not have a VORTAC, and within 2 miles each side of the The FAA is considering an significant economic impact on a Newport VORTAC 044° radial extending amendment to Title 14 Code of Federal substantial number of small entities from the 5.5 mile radius to 11.4 miles Regulations, part 71 (14 CFR part 71) by under the criteria of the Regulatory northeast of the VORTAC, and within 3 miles modifying existing Class E airspace at Flexibility Act. each side of the Newport VORTAC 341° Newport, OR. Newly developed RNAV List of Subjects in 14 CFR Part 71 radial extending from the 5.5 mile radius to RWY 16 SIAP at the Newport Municipal 7 miles northwest of the VORTAC; and that Airport and newly installed 24-hour Airspace, Incorporation by reference, airspace extending upward from 1,200-feet weather reporting equipment has made Navigation (air). above the surface, bounded by a line this proposal necessary. Additional The Proposed Amendment beginning at lat. 44°35′27″ N., long. Class E 700-feet and E 1,200-feet 124°17′15″ W.; to lat. 44°47′56″ N., long. In consideration of the foregoing, the controlled airspace, above the surface of 124°21′20″ W.; to lat. 44°51′32″ N., long. Federal Aviation Administration the earth is required to contain aircraft 124°21′30″ W.; to lat. 44°54′10″ N., long. proposes to amend 14 CFR part 71 as executing the Instrument Flight Rules 124°19′50″ W.; to lat. 45°05′37″ N., long. follows: (IFR) operations, at Newport Municipal 124°18′01″ W.; to lat. 45°05′37″ N., long. 123°52′30″ W.; to lat. 44°31′59″ N., long. Airport. Newport Municipal Airport PART 71–DESIGNATION OF CLASS A, 123°58′04″ W., to lat. 44°18′20″ N.; long. currently has part-time Class E–2 CLASS B, CLASS C, CLASS D, AND 124°11′55″ W., to lat. 44°21′58″ N.; long. airspace due to the lack of weather CLASS E AIRSPACE AREAS; 124°20′30″ W., to lat. 44°25′22″ N.; long. reporting. New weather reporting AIRWAYS; ROUTES; AND REPORTING 124°14′40″ W.; thence to point of origin; equipment has been installed and POINTS certified; therefore, this proposal also excluding that airspace within Federal changes the Class E–2 Airspace at 1. The authority citation for 14 CFR Airways, the Tillamook and Corvallis, OR, Newport, OR, to a 24-hour operation. part 71 continues to read as follows: Class E airspace area. The FAA establishes Class E airspace Authority: 49 U.S.C. 106(g), 40103, 40113, * * * * * where necessary to contain aircraft 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Issued in Seattle, Washington, on February transitioning between the terminal and 1963 Comp., p. 389. 27, 2002. en route environments. The intended effect of this proposal is designed to § 71.1 [Amended] Charles E. Davis, provide for the safe and efficient use of 2. The incorporation by reference in Acting Assistant Manager, Air Traffic the navigable airspace. This proposal 14 CFR 71.1 of the Federal Aviation Division, Northwest Mountain Region. would promote safe flight operations Administration Order 7400.9J, Airspace [FR Doc. 02–5813 Filed 3–8–02; 8:45 am] under IFR at the Newport Municipal Designations and Reporting Points, BILLING CODE 4910–13–M
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DEPARTMENT OF DEFENSE Procedural Requirements PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS Department of the Army, Corps of a. Review under Executive Order 12866 Engineers 1. The authority citation for 33 CFR This proposed rule is issued with part 334 continues to read as follows: respect to a military function of the 33 CFR Part 334 Authority: 40 Stat. 266 (33 U.S.C. 1) and Defense Department and the provisions 40 Stat. 892 (33 U.S.C. 3). of Executive Order 12866 do not apply. Department of Air Force, Wisconsin Air 2. Section 334.845 would be added to National Guard Danger Zone, R–6903, b. Review under the Regulatory read as follows: Lake Michigan, Sheboygan County, Flexibility Act Wisconsin § 334.845 Wisconsin Air National Guard, These proposed rules have been Volk Field military exercise area located in AGENCY: United States Army Corps of reviewed under the Regulatory Lake Michigan offshore from Manitowoc and Sheboygan Counties; Danger Zone. Engineers, DoD. Flexibility Act (Public Law 96–354) (a) The area. The waters within an ACTION: Notice of proposed rulemaking which requires the preparation of a regulatory flexibility analysis for any area beginning at a point at latitude and request for comments. 43°19′00″ N., longitude 87°41′00″ W.; to regulation that will have a significant ° ′ ″ economic impact on a substantial latitude 44 05 30 N, longitude SUMMARY: The U.S. Corps of Engineers 87°29′45″ W.; to latitude 44°02′00″ N., number of small entities (i.e., small is proposing regulations to reestablish a longitude 87°02′30″ W.; to latitude businesses and small Governments). Danger Zone in Lake Michigan offshore 43°15′30″ N., longitude 87°14′00″ W.; The Corps expects that the economic from Sheboygan County, Wisconsin. thence to the point of beginning. These regulations will enable the impact of the reestablishment of this (b) The regulation. (1) All vessels Wisconsin Air National Guard (WiANG) danger zone would have practically no entering the danger zone shall proceed to ensure the safety of fishermen and impact on the public, no anticipated across the area by the most direct route mariners in the vicinity of a live fire navigational hazard or interference with and without unnecessary delay. exercise area, which is located off the existing waterway traffic and (2) No vessel or craft of any size shall Wisconsin shoreline in Lake Michigan accordingly, certifies that this proposal lie-to or anchor in the danger zone at from Manitowoc to Port Washington, if adopted, will have no significant any time other than a vessel operated by Wisconsin. The regulations are economic impact on small entities. or for the U.S. Coast Guard, local, State, necessary to protect fishermen and or Federal law enforcement agencies. mariners from potentially hazardous c. Review under the National (c) Enforcement. The regulation in conditions which may exist as a result Environmental Policy Act this section shall be enforced by the of WiANG’s use of the area. An environmental assessment has Commanding Officer, Volk Field, WI DATES: Written comments must be been prepared for this action. We have and/or persons or agencies as he/she submitted on or before April 10, 2002. concluded, based on the minor nature of may designate. Dated: February 26, 2002. ADDRESSES: U. S Army Corps of the proposed danger zone regulations, Engineers, ATTN: CECW–OR, 441 G that this action, if adopted, will not Lawrence A. Lang, Street, NW., Washington, DC 20314– have a significant impact to the quality Deputy, Operations Division, Directorate of Civil Works. 1000. of the human environment, and preparation of an environmental impact [FR Doc. 02–5655 Filed 3–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. statement is not required. The BILLING CODE 3710–92–P Frank Torbett, Headquarters Regulatory environmental assessment may be Branch, Washington, D.C. at (202) 761– reviewed at the District office listed at 4618, or Mr. Howard J. Ecklund, Corps the end of FOR FURTHER INFORMATION DEPARTMENT OF VETERANS of Engineers, St. Paul District, CONTACT paragraph above. AFFAIRS Regulatory Branch, at (262) 547–4171. d. Unfunded Mandates Act 38 CFR Part 3 SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of the This proposed rule does not impose RIN 2900–AK97 Rivers and Harbors Act of 1917 (40 Stat. an enforceable duty among the private Time Limit for Requests for De Novo 266; 33 U.S.C. 1) and Chapter XIX, of sector and, therefore, it is not a Federal Review the Army Appropriations Act of 1919 private sector mandate and it is not (40 Stat. 892; 33 U.S.C. 3) the Corps subject to the requirements of either AGENCY: Department of Veterans Affairs. proposes to amend the restricted area Section 202 or Section 205 of the ACTION: Proposed rule. regulations in 33 CFR part 334 by Unfunded Mandates Act. We have also adding section 334.845 which found under Section 203 of the Act, that SUMMARY: This document proposes to establishes a danger zone in Lake small Governments will not be amend the Department of Veterans Michigan offshore from Manitowoc and significantly and uniquely affected by Affairs (VA) adjudication regulations Sheboygan Counties, Wisconsin. The this rulemaking. concerning the time a claimant has in public currently has unrestricted access which to request a de novo review of a to the waters of Lake Michigan in close List of Subjects in 33 CFR Part 334 claim at the Veterans Service Center proximity to WiANG’s exercise area. To level after filing a Notice of better protect fishermen and mariners, Danger zones, Marine safety, Disagreement (NOD). We believe this the WiANG has requested the Corps of Navigation (water), Restricted areas, amendment will eliminate unnecessary Engineers establish this danger zone Waterways. delays in the appeals process without that will enable the WiANG to continue For the reasons set out in the adversely affecting claimants. to use this area to maintain its combat preamble, the Corps proposes to amend DATES: Comments must be received on mission readiness. 33 CFR part 334, as follows: or before May 10, 2002.
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ADDRESSES: Mail or hand-deliver review within 60 days, VA will proceed PART 3—ADJUDICATION written comments to: Director, Office of with the traditional appellate process by Regulations Management (02D), issuing a SOC. Subpart D—Universal Adjudication Department of Veterans Affairs, 810 This rulemaking proposes to reduce Rules That Apply to Benefit Claims Vermont Ave., NW., Room 1154, that 60-day period to 15 days, in order Governed by Part 3 of This Title Washington, DC 20420; or fax comments to eliminate unnecessary delays in the 1. The authority citation for part 3, to (202) 273–9289; or e-mail comments appeals process. Under current subpart D continues to read as follows: to [email protected]. § 3.2600(b), VA must wait up to 60 days Comments should indicate that they are from the date on which VA notifies a Authority: 38 U.S.C. 501(a), unless otherwise noted. submitted in response to ‘‘RIN 2900– claimant of their right to a de novo AK97.’’ All comments received will be review, before it may issue a SOC. If the 2. In § 3.2600, paragraph (b) is revised available for public inspection in the claimant does not wish to have the to read as follows: Office of Regulations Management, Veterans Service Center review the Room 1158, between the hours of 8:00 § 3.2600 Review of benefit claims claim de novo, this delays the appeals decisions. a.m. and 4:30 p.m., Monday through process by 60 days. Friday (except holidays). * * * * * In VA’s experience, many claimants (b) Unless the claimant has requested FOR FURTHER INFORMATION CONTACT: Bill or their representatives request de novo review under this section with his or Russo, Regulations Staff, Compensation review along with their NOD. For those and Pension Service, Veterans Benefits her Notice of Disagreement, VA will, who do not, we believe that 15 days is upon receipt of the Notice of Administration, Department of Veterans enough time to decide whether to Affairs, 810 Vermont Avenue, NW., Disagreement, notify the claimant in request a de novo review. Furthermore, writing of his or her right to a review Washington, DC 20420, telephone (202) by reducing the period during which 273–7211. under this section. To obtain such a VA will accept a request for de novo review, the claimant must request it not SUPPLEMENTARY INFORMATION: Under review from 60 to 15 days, we reduce later than 15 days after the date VA existing statutes and regulations, a the time needed to process an NOD by mails the notice. This 15-day time limit claimant who disagrees with a decision 45 days, no matter which option the may not be extended. If the claimant by a Veterans Service Center may appeal claimant chooses. fails to request review under this section that decision by filing a NOD. Upon Paperwork Reduction Act not later than 15 days after the date VA receipt of a NOD, VA must ‘‘take such mails the notice, VA will proceed with development or review action as it This document contains no provisions the traditional appellate process by deems proper under the provisions of constituting a collection of information issuing a Statement of the Case. A regulations not inconsistent with [title under the Paperwork Reduction Act (44 claimant may not have more than one 38 U.S. Code].’’ 38 U.S.C. 7105(d)(1). If U.S.C. 3501–3520). review under this section of the same this development or review does not decision. resolve the disagreement, either by VA Executive Order 12866 * * * * * granting the claim or the claimant This document has been reviewed by withdrawing the NOD, then VA must the Office of Management and Budget Approved: October 17, 2001. issue a Statement of the Case (SOC). under Executive Order 12866. Anthony J. Principi, After receiving the SOC, the claimant Secretary of Veterans Affairs. may continue their appeal, to the Board Regulatory Flexibility Act [FR Doc. 02–5785 Filed 3–8–02; 8:45 am] of Veterans’ Appeals, by filing a The Secretary hereby certifies that the BILLING CODE 8320–01–P Substantive Appeal. adoption of this proposed rule would Title 38 CFR 3.2600 allows claimants not have a significant economic impact who have filed a timely NOD to obtain on a substantial number of small entities FEDERAL COMMUNICATIONS a de novo review by Veterans Service as they are defined in the Regulatory COMMISSION Center personnel. This new, optional Flexibility Act, 5 U.S.C. 601–612. The review process was established through proposed rule does not directly affect 47 CFR Part 54 a final regulation published May 2, 2001 any small entities. Only VA (66 FR 21871–21874). This document [CC Docket 96–45; FCC 02–41] beneficiaries are directly affected. proposes to amend 38 CFR 3.2600 to Therefore, pursuant to 5 U.S.C. 605(b), Federal-State Joint Board on Universal reduce the time limit in which these amendments are exempt from the Service claimants may request a de novo review initial and final regulatory flexibility (a new and complete review with no analysis requirements of sections 603 AGENCY: Federal Communications deference given to the decision being and 604. Commission reviewed) by Veterans Service Center ACTION: Notice of proposed rulemaking. personnel. Section 3.2600(b) currently The Catalog of Federal Domestic states that unless a claimant has Assistance program numbers are 64.100, SUMMARY: In this document, the requested review under § 3.2600 with 64.101, 64.104, 64.105, 64.106, 64.109, Commission seeks comment on issues his or her NOD, VA will, upon receipt 64.110, and 64.127. from the Ninth Report and Order of the NOD, notify the claimant in List of Subjects in 38 CFR Part 3 remanded by the United States Court of writing of his or her right to a review Appeals for the Tenth Circuit. under this section. Section 3.2600(b) Administrative practice and Specifically, the court remanded the further states that to obtain such a procedure, Claims, Disability benefits, Ninth Report and Order, to the review, the claimant must request it not Health care, Pensions, Veterans, Commission to ‘‘establish an adequate later than 60 days after the date VA Vietnam. legal and factual basis for the Ninth mails the notice and that this time limit For the reasons set forth in the Order and, if necessary, to reconsider may not be extended. It also states that preamble, 38 CFR part 3 is proposed to the operative mechanism promulgated if the claimant fails to request de novo be amended as follows: in that Order.’’ The Commission seeks
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comment on issues remanded by the service support mechanism rates? The Commission seeks empirical court. implemented in the Ninth Report and evidence of the range of rates in rural DATES: Comments are due April 10, Order consistent with the court’s and urban areas based on the definition 2002. Reply comments are due April 25, decision. Specifically, the Commission of those terms provided by commenters. 2002. seeks comment on: (1) How the 4. The Commission also seeks Commission should define certain key comment on what it means for federal FOR FURTHER INFORMATION CONTACT: statutory terms; (2) whether, in light of support for universal service to be Katie King at (202) 418–7491 or Jennifer the interpretation of those key statutory ‘‘sufficient.’’ Specifically, if the Schneider at (202) 418–0425 in the terms, the Commission can and should Commission determines that high-cost Accounting Policy Division, Common maintain the previously established support results in rural rates that are Carrier Bureau. benchmark or, in the alternative, should reasonably comparable to urban rates, is SUPPLEMENTARY INFORMATION: This is a adopt a new benchmark or benchmarks; that level of support sufficient under summary of the Commission’s Notice of and (3) how the Commission should section 254 of the Act, or should the Proposed Rulemaking in CC Docket No. induce states to implement state Commission take a broader examination 96–45 released on February 15, 2002 universal service policies. of sufficiency? In establishing the (NPRM). The NPRM is related to an support mechanism, the Commission Order that was released as part of the A. Definitions of ‘‘Reasonably attempted to balance the goal of same document. The full text of this Comparable’’ and ‘‘Sufficient’’ ensuring that consumers in high-cost document is available for public 3. The Commission seeks comment on areas have affordable access to quality inspection during regular business how it should define reasonably service, against the goal of ensuring that hours in the FCC Reference Center, comparable for the purpose of achieving the fund is no larger than necessary to Room CY–A257, 445 12th Street, SW, reasonable comparability of rates. minimize the burdens on the carriers Washington, DC, 20554. Section 254 of the Communications Act that contribute. Because the of 1934, as amended (Act), suggests that I. Introduction Commission must weigh several rates in rural, insular and high cost principles in determining the 1. In this NPRM, the Commission areas should be compared to rates in sufficiency of its support, the seeks comment on the issues from the urban areas to determine reasonable Commission seeks comment on whether Ninth Report and Order, 64 FR 67416, comparability. The Commission makes a it should give more weight to the December 1, 1999, remanded by the two step inquiry. First, when principle of reasonable comparability of United States Court of Appeals for the determining whether rates are rates, or should the Commission Tenth Circuit. The Ninth Report and reasonably comparable, the Commission continue to give weight equally to other Order established a federal high-cost seeks comment on what should be principles listed in section 254(b) of the universal service support mechanism compared. For example, such a Act. In addition, assuming that states for non-rural carriers based on forward- comparison could be: ‘‘urban’’ rates will implement mechanisms to support looking economic costs. The court compared to all other rates, ‘‘rural’’ rates universal service, as suggested by the remanded the Ninth Report and Order compared to all other rates, or court and described, the Commission to the Commission for further specifically defined urban and rural seeks comment on whether sufficiency consideration and explanation of its rates compared to each other. The should be determined by considering decision. Specifically, the court Commission seeks comment on federal support only, or state support as remanded the Ninth Report and Order appropriate definitions of urban and well. to the Commission to ‘‘establish an rural. If commenters suggest that urban adequate legal and factual basis for the and/or rural should be defined by B. Benchmark Issues Ninth Order and, if necessary, to geographical areas, the Commission 5. The Commission seeks comment on reconsider the operative mechanism requests comment on the particular whether it should adopt a different promulgated in that Order.’’ In breakdown of such areas. For example, benchmark or benchmarks or whether it particular, the court concluded that the urban and rural could be defined in should continue to use the 135 percent Commission did not (1) define terms of population density. Urban and benchmark. If commenters suggest that adequately the key statutory terms rural also could be defined by number the Commission should adopt a new ‘‘reasonably comparable’’ and of lines per wire center. If the line count benchmark or benchmarks, the ‘‘sufficient’; (2) adequately explain per wire center is used, would small Commission seeks comment on how it setting the funding benchmark at 135 wire centers in large cities be defined as should determine the new percent of the national average; (3) rural? Is it possible to adequately define benchmark(s). Commenters should provide inducements for state universal reasonable comparability without provide both reasoned analysis and service mechanisms; or (4) explain how adopting a definition for urban and empirical data to show that their this funding mechanism will interact rural? Second, the Commission seeks proposed benchmarks support with other universal service programs. comment on what a fair range of rates reasonable comparability of rates and The Commission seeks comment on the would be to determine whether rates are sufficient high-cost support. The first three issues and refers the record reasonably comparable. The court Commission also notes that the high- collected in this proceeding to the suggested that rates differing 70 to 80 cost loop support mechanism for rural Federal-State Joint Board on Universal percent would not be within a fair range carriers does not use a single benchmark Service (Joint Board) for a recommended of rates that could be considered but, rather, uses a step function. The decision in the Order, released with the reasonably comparable. In this regard, step function has multiple benchmarks NPRM. the Commission notes that costs in rural with greater percentages of support areas may be one hundred times greater provided as costs increase. The II. Issues for Comment than costs in urban areas. Taking into Commission seeks comment on whether 2. The Commission seeks comment on account such cost differences, what is a it should adopt a step function (or some a number of issues that will enable the reasonable range of rates? What other formula that provides a larger Commission to better explain or modify factors should be considered when percentage of support as costs increase) the forward-looking high-cost universal determining reasonable comparability of in the federal high-cost support
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mechanism for non-rural carriers as comparable in their proposed Commission will send a copy of the well. Commenters should describe methodology. NPRM, including this IRFA, to the Chief precisely how the step function would Counsel for Advocacy of the Small C. State Inducements operate, the range and intervals of steps, Business Administration (SBA). In and provide the empirical support and 1. The Commission seeks comment on addition, the NPRM and IRFA (or analysis for how such a function would how it should induce states to summaries thereof) will be published in support reasonable comparability of implement mechanisms to support the Federal Register. universal service. Specifically, the rates and sufficiency of support. To the 1. Need for, and Objectives of, the Commission seeks comment on whether extent commenters advocate that the Proposed Rules Commission should retain the 135 it should: (1) implement a state share 10. In the First Report and Order, 62 percent benchmark, commenters should requirement, similar to that of the FR 32862, June 17, 1997, the provide both reasoned analysis and Seventh Report and Order, 64 FR 30917, Commission adopted a plan for empirical data to show that the 135 June 9, 1999; (2) condition federal universal service support for rural, percent benchmark supports reasonable support on some form of state action; (3) enter into a binding cooperative insular, and high cost areas to replace comparability of rates and sufficiency of longstanding federal subsidies to support. In this regard, the Commission agreement with states as suggested by the court; or (4) adopt some other form incumbent local telephone companies notes that the 135 percent benchmark is with explicit, competitively neutral consistent with an average of the of state inducement. To the extent that commenters suggest the Commission federal universal service mechanisms. benchmarks used in the high-cost loop should adopt one of these options, In doing so, the Commission adopted support mechanism, which previously commenters should provide specific the recommendation of the Joint Board provided support to all carriers (and descriptions of their proposals and that an eligible carrier’s support should currently provides support to rural recommendations for implementation. If be based upon the forward-looking carriers). The Commission seeks the Commission were to condition economic cost of constructing and comment on whether an average of federal support on state action, in what operating the network facilities and benchmarks is appropriate for the non- manner and to what extent should functions used to provide the services rural high-cost mechanism. federal support be so conditioned? The supported by the federal universal 6. The Commission also seeks Commission also seeks comment on service mechanism. In the Ninth Report comment on whether it should continue what kind of state action should be and Order, the Commission adopted a to use a benchmark based on required. If the Commission were to federal high-cost universal service nationwide average cost and compare it enter into binding cooperative support mechanism for non-rural to statewide average costs. Although the agreements with states, what form carriers based on forward-looking court rejected Qwest’s argument that the should the agreements take? Would the economic costs. The U.S. Court of use of statewide and national averages Commission enter into such an Appeals for the Tenth Circuit remanded is necessarily inconsistent with section agreement with individual states or with the Ninth Report and Order to the 254, the court suggested that such a the states collectively? How would such Commission for further explanation of comparison would not be consistent an agreement be enforced? In addition, its decision. 11. In the NPRM, the Commission with the statutory comparison of urban how would the Commission induce and seeks comment on issues from the Ninth and rural rates without evidence that enforce the inducement of states to Report and Order, remanded by the implement universal service support the benchmark actually produced United States Court of Appeals for the comparable rates. If the Commission mechanisms in states that do not receive Tenth Circuit. Specifically, the continues to use nationwide and federal universal service support under Commission seeks comment on: (1) How statewide averages, how should the the non-rural high-cost mechanism? the Commission should define the key Commission measure reasonable III. Procedural Issues statutory terms ‘‘reasonably comparability when rural costs are comparable’’ and ‘‘sufficient’; (2) included in the nationwide average? In A. Ex Parte Presentations whether, in light of the interpretation of the alternative, should the Commission 8. This is a permit but disclose those key statutory terms, the use a benchmark or benchmarks based rulemaking proceeding. Ex parte Commission can and should maintain on urban-only costs? Will definitions of presentations are permitted, except the previously established benchmark ‘‘urban’’ and ‘‘rural’’ be required to during the Sunshine Agenda period, or, in the alternative, should adopt a determine an urban-only benchmark? provided that they are disclosed as new benchmark or benchmarks; and (3) To the extent the Commission decides provided in the Commission’s rules. how the Commission should induce to implement a benchmark based only states to implement state universal on urban and/or rural costs, should this B. Initial Regulatory Flexibility Analysis service policies. The objective of the definition be the same as discussed 9. As required by the Regulatory NPRM is to assemble a record, to refer above in section II.A.? The Commission Flexibility Act of 1980, as amended the record collected in this proceeding also seeks comment on how the terms (RFA), the Commission has prepared to the Joint Board for a recommended ‘‘urban’’ and ‘‘rural’’ should be this present Initial Regulatory decision, and to consider the record and defined—e.g., by wire centers of a Flexibility Analysis (IRFA) of the Joint Board recommendations in certain size, by certain density zones, possible significant economic impact on formulating a response to the court’s urban versus non-urbanized areas or a substantial number of small entities by remand. The Commission expects that, some other criterion. Commenters the policies and rules proposed in this upon receipt of a recommended should provide empirical support and NPRM. Written public comments are decision from the Joint Board, the analysis showing how their proposed requested on this IRFA. Comments must Commission will be able adopt an order benchmark or benchmarks result in be identified as responses to the IRFA implementing a high-cost support reasonably comparable urban and rural and must be filed by the deadlines for mechanism that will be sufficient to rates and define precisely the statutory comments on the NPRM provided in enable non-rural carriers’ rates for terms, urban, rural, and reasonably paragraph number 21 of the item. The service to remain affordable and
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reasonably comparable in all regions of will primarily occur in the area of any proposals, if implemented, may the nation. benchmark issues. If the Commission result in an unfair burden. upholds the mechanism adopted in the 2. Legal Basis 6. Federal Rules That May Duplicate, Ninth Report & Order, there will be no Overlap, or Conflict With the Proposed 12. This rulemaking action is changes. If the Commission changes the Rules supported by sections 1–4, 201–205, current high-cost support mechanism, 214, 218–220, 254, 303(r), 403 and 410 however, adoption of new rules or 20. None. of the Communications Act of 1934, as requirements may require additional C. Comment Filing Procedures amended. recordkeeping. For example, if the 21. The Commission invites comment 3. Description and Estimate of the Commission adopts a mechanism that compares ‘‘urban’’ and/or ‘‘rural’’ costs on the issues and questions set forth in Number of Small Entities to Which the the Notice of Proposed Rulemaking and Notice Will Apply or rates in order to determine an appropriate benchmark, additional Initial Regulatory Flexibility Analysis 13. The RFA generally defines ‘‘small information from all non-rural carriers contained herein. Pursuant to applicable entity’’ as having the same meaning as may be necessary, such as line count procedures set forth in §§ 1.415 and the term ‘‘small business,’’ ‘‘small information for urban and rural areas. 1.419 of the Commission’s rules, organization,’’ and ‘‘small government interested parties may file comments on jurisdiction.’’ In addition, the term 5. Steps Taken To Minimize Significant or before April 10, 2002, and reply ‘‘small business’’ has the same meaning Economic Impact on Small Entities, and comments on or before April 25, 2002. as the term ‘‘small business concern’’ Significant Alternatives Considered All filings should refer to CC Docket No. under the Small Business Act, unless 17. The RFA requires an agency to 96–45. Comments may be filed using the the Commission has developed one or describe any significant alternatives that Commission’s Electronic Comment more definitions that are appropriate to it has considered in reaching its Filing System (ECFS) or by filing paper its activities. Under the Small Business proposed approach, which may include copies. Act, a ‘‘small business concern’’ is one the following four alternatives (among 22. Comments filed through ECFS can that: (1) Is independently owned and others): (1) The establishment of be sent as an electronic file via the operated; (2) is not dominant in its field differing compliance or reporting Internet to
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accepted. Accordingly, the Commission (USPS) Express Mail and Priority Mail), Commission’s headquarters at 445 12th will no longer accept these filings at must be addressed to 9300 East Street, SW, Washington, DC, 20554. The 9300 East Hampton Drive, Capitol Hampton Drive, Capitol Heights, MD, USPS mail addressed to the Heights, MD, 20743. Other messenger- 20743. This location will be open 8:00 Commission’s headquarters actually delivered documents, including a.m. to 5:30 p.m. The USPS first-class goes to our Capitol Heights facility for documents sent by overnight mail (other mail, Express Mail, and Priority Mail screening prior to delivery at the than United States Postal Service should continue to be addressed to the Commission.
If you are sending this type of document or using this deliv- It should be addressed for delivery to * * * ery method. Hand-delivered or messenger-delivered paper filings for the 236 Massachusetts Avenue, NE, Suite 110, Washington, DC Commission’s Secretary. 20002 (8:00 am to 7:00 pm). Other messenger-delivered documents, including documents 9300 East Hampton Drive, Capitol Heights, MD 20743 (8:00 sent by overnight mail (other than United States Postal am to 5:30 pm). Service Express Mail and Priority Mail). United States Postal Service first-class mail, Express Mail, 445 12th Street, SW Washington, DC 20554. and Priority Mail.
All filings must be sent to the SW, Washington, DC 20554. In addition, of the Communications Act of 1934, as Commission’s Acting Secretary: William the full text of the document is available amended, 47 U.S.C. 151–154, 201–205, F. Caton, Office of the Secretary, Federal for public inspection and copying 214, 218–220, 254, 303(r), 403 and 410, Communications Commission, 445 12th during regular business hours at the the Notice of proposed rulemaking is Street, SW, Suite TW–A325, FCC Reference Information Center, hereby Adopted. Washington, DC 20554. Portals II, 445 12th Street, SW, Room 29. The Commission’s Consumer 24. Parties who choose to file by CY–A257, Washington, DC, 20554. The Information Bureau, Reference paper should also submit their document may also be purchased from Information Center, Shall send a copy of comments on diskette to Sheryl Todd, the Commission’s duplicating Accounting Policy Division, Common contractor, Qualex International, Portals the NPRM, including the Initial Carrier Bureau, Federal II, 445 12th Street, SW, Room CY–B402, Regulatory Flexibility Analysis, to the Communications Commission, 445 12th Washington, DC 20554, telephone 202– Chief Counsel for Advocacy of the Small Street, SW, Room 5–B540, Washington, 863–2893, facsimile 202–863–2898, or Business Administration. DC 20554. Such a submission should be via e-mail [email protected]. List of Subjects in 47 CFR Part 54 on a 3.5-inch diskette formatted in an 26. Comments and reply comments IBM compatible format using Microsoft must include a short and concise Communications common carriers, Word or compatible software. The summary of the substantive arguments Telecommunications, Telephone. diskette should be accompanied by a raised in the pleading. Comments and Federal Communications Commission. cover letter and should be submitted in reply comments must also comply with William F. Caton, ‘‘read only’’ mode. The diskette should section 1.49 and all other applicable be clearly labeled with the commenter’s sections of the Commission’s rules. The Acting Secretary. name, proceeding (including the docket Commission directs all interested [FR Doc. 02–5676 Filed 3–8–02; 8:45 am] number, in this case, CC Docket No. 96– parties to include the name of the filing BILLING CODE 6712–01–U 45), type of pleading (comment or reply party and the date of the filing on each comment), date of submission, and the page of their comments and reply name of the electronic file on the comments. All parties are encouraged to FEDERAL COMMUNICATIONS diskette. The label should also include utilize a table of contents, regardless of COMMISSION the following phrase ‘‘Disk Copy—Not the length of their submission. The an Original.’’ Each diskette should Commission also strongly encourages 47 CFR Part 73 contain only one party’s pleading, parties to track the organization set forth preferably in a single electronic file. In in the NPRM in order to facilitate its [DA 02–498, MM Docket No. 02–45, RM– addition, commenters must send internal review process. 10374] diskette copies to the Commission’s D. Further Information copy contractor, Qualex International, Digital Television Broadcast Service; Portals II, 445 12th Street, SW, Room 27. Alternative formats (computer Cadillac and Manistee, MI CY–B402, Washington, DC 20554. diskette, large print, audio recording, 25. Regardless of whether parties and Braille) are available to persons AGENCY: Federal Communications choose to file electronically or by paper, with disabilities by contacting Brian Commission. parties should also file one copy of any Millin at (202) 418–7426 voice, (202) documents filed in this docket with the 418–7365 TTY, or [email protected]. This ACTION: Proposed rule. Commission’s copy contractor, Qualex NPRM can also be downloaded in International, Inc., Portals II, 445 12th Microsoft Word and ASCII formats at SUMMARY: The Commission requests Street, SW, Room CY–B402, http://www.fcc.gov/ccb/ comments on a petition filed by Central Washington, DC 20554. Comments and universal_service/highcost. Michigan University, the licensee of reply comments will be available for noncommercial station WCMV–TV, IV. Ordering Clauses public inspection during regular Cadillac, Michigan, and WCMW–TV, business hours in the FCC Reference 28. Pursuant to sections 1–4, 201–205, Manistee, Michigan, requesting the Center, Room CY–A257, 445 12th Street, 214, 218–220, 254, 303(r), 403 and 410 substitution of DTV channel *17 for
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DTV channel *58 as WCMV–DT paired parte contacts are prohibited in Smithfield, North Carolina, are 35–28– DTV allotment; and the substitution of Commission proceedings, such as this 21 NL and 78–19–43 WL. DTV channel *58 for DTV channel *17 one, which involve channel allotments. Petitioner’s reallotment proposal as WCMW–DT’s paired DTV allotment. See 47 CFR 1.1204(b) for rules complies with the provisions of section DTV Channel *17 can be allotted to governing permissible ex parte contacts. 1.420(i) of the Commission’s Rules, and Cadillac in compliance with the For information regarding proper therefore, the Commission will not principle community coverage filing procedures for comments, see 47 accept competing expressions of interest requirements of Section 73.625(a) at CFR 1.415 and 1.420. in the use of Channel 272A at reference coordinates 44–44–53 N. and List of Subjects in 47 CFR Part 73 Smithfield, North Carolina, or require 85–04–08 W. with a power of 500 and the petitioner to demonstrate the a height above average terrain (HAAT) Television, Digital television availability of an additional equivalent of 399 meters. DTV channel *58 can be broadcasting. class channel. allotted to Manistee in compliance with For the reasons discussed in the DATES: Comments must be filed on or the principle community coverage preamble, the Federal Communications before April 8, 2002, and reply requirements of Section 73.625(a) at Commission proposes to amend 47 CFR comments on or before April 23, 2002. reference coordinates 44–03–57 N. and part 73 as follows: 86–19–58 W. with a power of 200 and ADDRESSES: Secretary, Federal a height above average terrain (HAAT) PART 73—TELEVISION BROADCAST Communications Commission, 445 12th of 104 meters. Since the communities of SERVICES Street, SW., Room TW–A325, Cadillac and Manistee are located Washington, DC 20554. In addition to 1. The authority citation for part 73 filing comments with the FCC, within 400 kilometers of the U.S.- continues to read as follows: Canadian border, concurrence from the interested parties should serve the Canadian government must be obtained Authority: 47 U.S.C. 154, 303, 334, and petitioner’s counsel, as follows: Wade for these allotments. 336. H. Hargrove, Esq. and David Kusher, Esq., Brooks, Pierce, McLendon, DATES: Comments must be filed on or §73.622 [Amended] Humphrey & Leonard, L.L.P.; P.O. Box before April 29, 2002, and reply 2. Section 73.622(b), the Table of 1800; Raleigh, North Carolina 27602. comments on or before May 14, 2002. Digital Television Allotments under FOR FURTHER INFORMATION CONTACT: R. ADDRESSES: Federal Communications Michigan is amended by removing DTV Commission, 445 12th Street, SW., Barthen Gorman, Mass Media Bureau, Channel *58 and adding DTV Channel (202) 418–2180. Room TW–A325, Washington, DC *17 at Cadillac; and by removing DTV 20554. In addition to filing comments channel *17 and adding DTV channel SUPPLEMENTARY INFORMATION: This is a with the FCC, interested parties should *58 at Manistee. synopsis of the Commission’s Notice of serve the petitioner, or its counsel or Proposed Rule Making, MM Docket No. consultant, as follows: Todd D. Gray, Federal Communications Commission. 02–40, adopted February 13, 2002, and Margaret L. Miller, Dow, Lohnes & Barbara A. Kreisman, released Albertson, PLLC, 1200 New Hampshire Chief, Video Services Division, Mass Media February 22, 2002. The full text of this Avenue, NW., Suite 800, Washington, Bureau. Commission decision is available for DC 20036–6802 (Counsel for Central [FR Doc. 02–5709 Filed 3–8–02; 8:45 am] inspection and copying during regular Michigan University). BILLING CODE 6712–01–P business hours in the FCC’s Reference FOR FURTHER INFORMATION CONTACT: Pam Information Center at Portals II, 445 Blumenthal, Mass Media Bureau, (202) 12th Street, SW, CY–A257, Washington, 418–1600. FEDERAL COMMUNICATIONS DC, 20554. This document may also be COMMISSION SUPPLEMENTARY INFORMATION: This is a purchased from the Commission’s duplicating contractors, Qualex synopsis of the Commission’s Notice of 47 CFR Part 73 Proposed Rule Making, MM Docket No. International, Portals II, 445 12th Street, 02–45, adopted March 1, 2002, and [DA 02–409; MM Docket No. 02–40; RM– SW, Room CY–B402, Washington, DC, released March 6, 2001. The full text of 10377] 20554, telephone 202–863–2893, facsimile 202–863–2898, or via e-mail this document is available for public Radio Broadcasting Services; inspection and copying during regular [email protected]. Goldsboro and Smithfield, North The provisions of the Regulatory business hours in the FCC Reference Carolina Information Center, Portals II, 445 12th Flexibility Act of 1980 do not apply to Street, SW., Room CY–A257, AGENCY: Federal Communications this proceeding. Washington, DC 20554. This document Commission. Members of the public should note may also be purchased from the ACTION: Proposed rule. that from the time a Notice of Proposed Commission’s duplicating contractor, Rule Making is issued until the matter Qualex International, Portals II, 445 SUMMARY: This document requests is no longer subject to Commission 12th Street, SW., Room CY–B402, comments on a petition for rule making consideration or court review, all ex Washington, DC 20554, telephone 202– filed on behalf of New Age parte contacts are prohibited in 863–2893, facsimile 202–863–2898, or Communications, Inc., licensee of Commission proceedings, such as this via-e-mail [email protected]. Station WKIX(FM), Channel 272A, one, which involve channel allotments. Provisions of the Regulatory Goldsboro, North Carolina, requesting See 47 CFR 1.1204(b) for rules Flexibility Act of 1980 do not apply to the reallotment of Channel 272A from governing permissible ex parte contacts. this proceeding. Goldsboro to Smithfield, North For information regarding proper Members of the public should note Carolina, and modification of its filing procedures for comments, See 47 that from the time a Notice of Proposed authorization accordingly, pursuant to CFR 1.415 and 1.420. Rule Making is issued until the matter the provisions of Section 1.420(i) of the List of Subjects in 47 CFR Part 73 is no longer subject to Commission Commission’s Rules. The coordinates consideration or court review, all ex for requested Channel 272A at Radio broadcasting.
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For the reasons discussed in the DATES: Comments must be received on U.S.C. 32901 et seq.), mandate fuel preamble, the Federal Communications or before April 10, 2002. economy standards that must be met by Commission proposes to amend 47 CFR ADDRESSES: You may submit your vehicle manufacturers. These standards part 73 as follows: comments in writing to: Docket Section, apply separately to each manufacturer’s National Highway Traffic Safety annual fleet of passenger cars and to its PART 73—[RADIO BROADCAST Administration, 400 Seventh Street, annual fleet of light trucks under 8,500 SERVICES] SW., Washington, DC 20590. lbs. gross vehicle weight rating, instead of applying to individual vehicles. Each 1.The authority citation for Part 73 Alternatively, you may submit your manufacturer’s average fuel economy is continues to read as follows: comments electronically by logging onto the Docket Management System (DMS) determined by the Environmental Authority: 47 U.S.C. 154, 303, 334, and Website at http://dms.dot.gov. Click on Protection Agency in accordance with 336. ‘‘Help & Information’’ or ‘‘Help/Info’’ to procedures set forth in 49 U.S.C. 32904. § 73.202 [Amended] view instructions for filing your Those procedures provide for determining the fuel economy of a 1. Section 73.202(b), the Table of FM comments electronically. Regardless of manufacturer’s model types produced in Allotments under North Carolina, is how you submit your comments, you a particular model year and calculating amended by adding Smithfield, Channel should mention the docket number of a weighted fuel economy average for the 272A, and removing Channel 272A at this document. You can find the number manufacturer. Goldsboro. at the beginning of this document. Docket hours are 9 a.m. to 5 p.m. Congress amended the CAFE Federal Communications Commission. Monday through Friday. provisions when it enacted the John A. Karousos, Alternative Motor Fuels Act of 1988 FOR FURTHER INFORMATION CONTACT: The Chief, Allocations Branch, Policy and Rules following persons at the National (‘‘AMFA’’) (Pub. L. 100–94; October 14, Division, Mass Media Bureau. Highway Traffic Safety Administration, 1988). The purposes of AMFA were to [FR Doc. 02–5710 Filed 3–8–02; 8:45 am] 400 Seventh Street, SW., Washington, encourage the development and use of BILLING CODE 6712–01–P DC 20590: methanol, ethanol and natural gas as For non-legal issues: Mr. Kenneth transportation fuels and to promote the Katz, Consumer Programs Division, production of alternative fuel vehicles DEPARTMENT OF TRANSPORTATION Office of Planning and Consumer (AFVs). For the latter purpose, AMFA Programs, NPS–32, Room 5320, provides special procedures for National Highway Traffic Safety telephone (202) 366–4936, facsimile calculating the fuel economy of Administration (202) 493–2290. ‘‘dedicated’’ alternative fuel vehicles For legal issues: Otto Matheke, Office and ‘‘dual-fueled’’ vehicles that meet 49 CFR Part 538 of the Chief Counsel, NCC–20, Room specified eligibility criteria. ‘‘Dedicated vehicles’’ are cars or light trucks [Docket No.: NHTSA–2001–10774; Notice 2] 5219, telephone (202) 366–5263, facsimile (202) 366–3820. designed to operate exclusively either RIN 2127–AI41 SUPPLEMENTARY INFORMATION: on natural gas or on a methanol or ethanol fuel mixture composed of at Automotive Fuel Economy Table of Contents least 85 percent of either substance. Manufacturing Incentives for I. Summary of Agency Proposal ‘‘Dual-fueled vehicles’’ have the Alternative Fuel Vehicles II. Background capability to operate on conventional A. Statutory Background petroleum and the capability to operate AGENCY: National Highway Traffic B. Report To Congress on an alternative fuel. Most dual-fueled Safety Administration (NHTSA), C. Other Developments vehicles produced to date are capable of Department of Transportation (DOT). D. U.S. Dependence on Imported Petroleum operating on E85 (a blend of 85 percent ACTION: Notice of proposed rulemaking ethanol and 15 percent gasoline) and (NPRM). E. Availability and Use of Alternative Fuels III. Agency Proposal either gasoline or diesel. The special IV. Benefits and Costs SUMMARY: To provide an incentive for calculation procedures used in V. Rulemaking Notices and Analyses determining the fuel economy of the production of vehicles that can A. Executive Order 12866 and DOT operate on certain alternative fuels as alternative fuel vehicles substantially Regulatory Policies and Procedures increase the fuel economy ratings of well as on regular petroleum fuels, B. Regulatory Flexibility Act Congress established a special these vehicles. C. National Environmental Policy Act In creating the incentive program for procedure for calculating the fuel D. Executive Order 13132 (Federalism) dual-fueled vehicles, Congress expressly economy of those vehicles for the E. Civil Justice Reform limited both the extent to which a purpose of determining compliance F. Paperwork Reduction Act manufacturer can avail itself of the with the Corporate Average Fuel G. National Technology Transfer and incentive in any model year as well as Economy standards. This procedure Advancement Act H. Unfunded Mandates Reform Act the duration of the incentives.1 For the increases the fuel economy attributed to I. Plain Language 1993–2004 model years, the maximum such ‘‘dual-fueled’’ vehicles, thus J. Regulation Identifier Number (RIN) increase in CAFE available to a facilitating compliance with those VI. Preparation and Submission of Comments manufacturer for producing qualifying standards. By statute, the incentive is dual-fueled vehicles is 1.2 miles per available through the end of the 2004 I. Summary of Agency Proposal gallon. model year and may be extended by up Congress created the Corporate AMFA provides that by December 31, to four additional years through Average Fuel Economy (CAFE) program 2001, the agency either extend the rulemaking. when it enacted the Energy Policy and program beyond the 2004 model year or This document proposes to extend the Conservation Act of 1975 (Pub. L. 94– availability of the incentive by four 163; Dec. 22, 1975). The CAFE statutory 1 Congress did not apply either of these years, i.e., through the end of the 2008 provisions, now codified in Chapter 329 limitations to the incentive program for dedicated model year. of Title 49 of the United States Code (49 vehicles.
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issue a notice of termination ending it significant benefit, in our view, may II. Background at the close of that model year. An require nothing less than a full four-year A. Statutory Background extension of up to four model years is extension of the incentive program. In 1988, Congress enacted the authorized. If the program were In proposing this extension, we extended, the maximum increase in Alternative Motor Fuels Act (AMFA). recognize that the incentive program, as CAFE attributed to the incentive would Section 6 of that Act amended the fuel it is now operating, potentially may be be limited to .9 miles per gallon in any economy provisions of the Motor of those model years. having some negative energy effects. By Vehicle Information and Cost Savings AMFA further directs that NHTSA upwardly adjusting the calculated level Act by adding a new section, section evaluate the dual-fuel incentive program of fuel efficiency of dual-fueled 513, providing incentives for the and provide a report to Congress vehicles, the incentive program allows manufacture of vehicles designed to analyzing the success of the incentive manufacturers to build less fuel efficient operate on alternative fuels, including program and preliminary conclusion conventionally fueled vehicles without dual-fueled vehicles. The section regarding extension of the program paying CAFE penalties. If manufacturers provides that incentive by establishing beyond the 2004 model year. do so, have no other means of meeting special procedures for calculating the NHTSA is proposing that the dual- CAFE standards in the absence of the fuel economy of those vehicles. These fuel incentive program be extended by incentive, and choose not to allow their special procedures result in alternative four years, i.e., through the end of the CAFE to fall to the level where they fuel vehicles being assigned a higher 2008 model year. We are proposing this would have to pay penalties, the fuel economy value for CAFE extension for several reasons. Domestic incentive program provides a means for compliance purposes than they would energy security is more important than producing a less fuel efficient fleet. have under the procedures used for ever. The vehicles affected by the Under the foregoing conditions, if dual- calculating the fuel economy of other program operate on ethanol, a domestic fueled vehicles are operated almost vehicles. Manufacturers choosing to fuel. To the extent that domestic fuels exclusively on petroleum, the net build such vehicles can use the fuel can be used, we can decrease our economy of their alternative fuel impact is, in effect, to reduce the CAFE reliance on foreign petroleum. We vehicles to raise the calculated level of levels that are achieved by recognize the potential value to their CAFE. domestic energy security of having a manufacturers and increase the Dual-fueled vehicles generally are fleet of vehicles that can be operated on consumption of petroleum. However, in vehicles that can operate either on non-petroleum fuels. This value would order to conclude that the incentive alternative fuel and either gasoline or be realized in times of petroleum program has a negative energy impact, diesel fuel, or on natural gas and either shortages. We are mindful that the one must make certain assumptions gasoline or diesel fuel. Section 513(h) vehicle manufacturers would not likely about the various actions that specifically defined a ‘‘dual energy maintain their current level of efforts to manufacturers may take in meeting automobile’’ as one that meets a produce alternative fuel vehicles in the CAFE, including the notion that minimum driving range and: absence of the incentive program. As we manufacturers would not, in the face of (i) Which is capable of operating on recommend in our report to Congress increasing demand for less efficient alcohol and on gasoline or diesel fuel; that steps be taken to enhance the vehicles, have simply chosen to pay (ii) Which provides equal or superior infrastructure, we want to maintain the CAFE penalties in order to meet that energy efficiency, as calculated for the program while efforts are made to demand. As NHTSA has, until recently, applicable model year during fuel economy testing for the Federal Government, while identify and implement those steps. The been constrained from collecting data proposed four-year extension would operating on alcohol as it does while regarding manufacturer capabilities and operating on gasoline or diesel fuel; [and] give Congress, other executive branch any analysis of manufacturer agencies, regional authorities, and the (iii) Which * * * provides equal or capabilities and choices is necessarily superior energy efficiency, as calculated for private sector ample time to identify, the applicable model year during fuel adopt and implement such steps. complex, the agency cannot state with any certainty that the incentive program economy testing for the Federal Government, NHTSA is also concerned that an while operating on a mixture of alcohol and extension of less four years would not has, or will, have negative energy gasoline or diesel fuel containing exactly 50 allow sufficient time to begin to realize effects. percent gasoline or diesel fuel as it does the potential benefits from the operation Any increased costs resulting from the while operating on gasoline or diesel fuel. of the dual fuel incentive program. For operation of the incentive program A ‘‘natural gas dual energy’’ a variety of reasons, significant numbers must, if the program is to be extended, automobile was defined as a vehicle that of dual fuel capable vehicles have only be offset by actual or potential benefits. met a specified minimum driving range, recently begun to appear in the As noted above, one such benefit is and: marketplace. It is, therefore, not yet having a fleet of vehicles that can (i) Which is capable of operating on natural clear whether the continuing presence operate on alternative fuels. Use of gas and on gasoline or diesel fuel; [and] of these vehicles, their ability to use alternative fuels by these vehicles (ii) Which provides equal or superior alternative fuels, programs intended to reduces dependence on foreign oil and energy efficiency, as calculated for the increase the use and production of applicable model year during fuel economy would help to lessen demand for alternative fuels and other conditions testing for the Federal Government, while conventional fuels, thereby helping to will stimulate the expansion of the operating on natural gas as it does while alternative fuel infrastructure as keep fuel prices low. If sufficient operating on gasoline or diesel fuel. envisioned by Congress in creating the numbers of dual fuel vehicles exist and The Energy and Policy Act of 1992 dual fuel incentive program. The continue to spur development of an added new provisions to section 513. development of a viable alternative fuel alternative fuel infrastructure, the The definition of ‘‘alternative fuel’’ was infrastructure, particularly one based on nation would, to a degree, be insulated expanded to include liquefied domestically produced ethanol fuel, from the impacts of ‘‘oil shocks’’ petroleum gas, hydrogen, liquid fuels would reduce the nation’s dependence resulting from sudden disruptions to the derived from coal and biological on imported oil. The realization of this petroleum supply. materials, electricity and any other fuel
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that the Secretary of Transportation cubic feet of natural gas to be equal to questions regarding the impact of the determines to be substantially non- 0.823 gallons of gasoline, with the incentive program on the production petroleum based and have gallon equivalent of natural gas to be and development of dual-fueled environmental and energy security considered to have a fuel content equal vehicles, the costs of producing these benefits. The 1992 Act also revised to 0.15 gallons of fuel. vehicles, vehicle performance and terminology by replacing ‘‘dual energy’’ Since alternative fuel vehicles will, reliability and the efforts made to and ‘‘natural gas dual energy’’ with for CAFE purposes, have a higher market the vehicles. Other questions ‘‘alternative fueled vehicles’’ in order to calculated fuel economy rating than asked for information on future product reflect the expanded list of fuels. their conventionally fueled plans for the production of dual-fueled The 1988 AMFA amendments counterparts, production of alternative vehicles, the impact that the incentives established the eligibility criteria and fuel vehicles allows manufacturers to have had on the availability of procedures for calculation of the boost their CAFE ratings. The alternative fuels, consumer awareness of incentive benefits. Manufacturers of opportunity for raising a manufacturer’s alternative fuels, obstacles to alternative alternative fuel vehicles that met the calculated CAFE through this incentive fuel use, potential modifications to the minimum driving range and energy program is limited to 1.2 miles per incentive program and whether the efficiency criteria could use a special gallon per model year for the 1993 incentive program should be extended procedure for calculating the fuel through 2004 model years. If the or discontinued. economy of these vehicles for the 1993 program is extended beyond the 2004 The agency received comments from through 2004 model years. The special model year, the CAFE increase is three automobile manufacturers— calculation procedure substantially limited to 0.9 miles per gallon per General Motors (GM), Ford Motor raises the fuel economy of the vehicle. model year. Company (Ford) and DaimlerChrysler For instance, a dedicated alternative Sections 32905(b) and (d) specify that (DC); five associations—Alliance of fuel vehicle achieving 15 miles per the dual-fuel incentives apply to Automobile Manufacturers (Alliance), gallon while operating on alcohol vehicles produced in the 1993 through Renewable Fuels Association (RFA), would, based on the special calculation 2004 model years. The incentives may, National Ethanol Vehicle Coalition procedures, be deemed to have a fuel however, be extended. Section 32905(f) (NEVC), Clean Fuels Development economy of 100 miles per gallon.2 provides that the Secretary of Coalition (CFDC), and Ethanol The special calculation procedure for Transportation shall, no later than Producers and Consumers (EPAC); one alternative fuel dual-fueled vehicles is December 31, 2001, either complete state agency—the Missouri Department based on the assumption that those rulemaking to extend the incentive of Natural Resources Energy Center vehicles will operate 50 percent of the program for up to four more consecutive (DNREC); the governors of New Mexico, time on the alternative fuel and 50 model years or issue a notice of Missouri, Kansas, and Wisconsin; percent of the time on conventional termination ending it. Senators J. Robert Kerrey, Tom Daschle, fuel, resulting in a fuel economy figure In anticipation of the decision Wayne Allard, Evan Bayh, John that is based on a harmonic average of regarding extension, section 32905(g) Ashcroft, Carl Levin, Charles E. alternative and conventional fuel. For directed the Secretary, in consultation Grassley, Christopher S. Bond, and example, an alternative dual-fueled with the Secretary of Energy and the Chuck Hagel; the Congressional Auto model that achieves 15 miles per gallon Administrator of the Environmental Caucus; and joint comments from the operating on an alcohol fuel and 25 mpg Protection Agency, to submit a report to American Council for an Energy- on the conventional fuel would, based Congress containing the results of a Efficient Economy (ACEEE), Center for on the special calculation procedure, be study of this alternative fuel vehicle Auto Safety (CAS), the Sierra Club, and calculated to have a CAFE fuel economy mileage credit incentive policy and the U.S. Public Interest Research Group of 40 miles per gallon.3 providing preliminary conclusions (USPIRG). The CAFE values for a natural gas whether the program should be With the exception of the joint alternative fuel vehicle are calculated in extended for up to an additional four (4) ACEEE—CAS—Sierra Club—USPIRG a similar fashion. For the purposes of model years. In preparing this study and letter, all of the commenters voiced this calculation, the fuel economy is report, the Secretary is required to strong support for continuation of the equal to the weighted average of the consider the following factors: incentive program from the end of the vehicle fuel economy while operating 2004 model year to the end of the 2008 (i) [T]he availability to the public of on natural gas and the vehicle fuel model year. The supporting commenters alternative fueled automobiles, and unanimously indicated that the economy while operating on either alternative fuels; gasoline or diesel fuel. Section 32905(c) (ii) Energy conservation and energy incentive program was primarily specifies the energy equivalency of 100 security; responsible for the development and (iii) Environmental considerations; and production of alternative fuel vehicles 2 The fuel economy of dedicated vehicles is (iv) Other relevant factors. in high volumes and was also derived by computing the weighted average of fuel responsible for the development of the economy while operating on gasoline or diesel fuel B. Report to Congress existing refueling infrastructure. The and when operating on alternative fuel after In response to the directive in section dividing the alternative fuel economy by a factor of comments also reflected a consensus 0.15. In the example cited above, the equation is as 32905(g), NHTSA is submitting a report that availability and price of alternative follows: FE=(1/0.15)(15)=100. to Congress simultaneously with the fuels continued to be the most 3 The fuel economy for an alternative dual-fueled issuance of this notice. This report, significant obstacle to their use. Two model is calculated by dividing 1.0 by the sum of which contains the agency’s findings commenters, DNREC and Governor Gary 0.5 divided by the fuel economy as measured on the conventional fuel and 0.5 divided by the fuel regarding the impacts and effectiveness E. Johnson of New Mexico, indicated economy as measured on the alternative fuel, using of the dual-fuel incentive program, was that extension of the incentive program the 0.15 volumetric conversion factor. For example, preceded by a request for comments that is desirable for government entities that an alternative dual-fueled model that achieves 15 the agency published in the Federal are required to purchase and use miles per gallon operating on an alcohol fuel and 25 mpg on the conventional fuel would have its Register on May 9, 2000 (65 FR 26805) alternative fuel vehicles. DNREC and CAFE fuel economy calculated as follows: 1/((0.5/ (Docket No. NHTSA 2000–7087). The Governor Johnson both expressed 25)+(0.5/100))=40 miles per gallon. request for comments asked a number of concern that termination of the
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incentive program could impact the of their fleet fuel economy, the primary petroleum gas (LPG). Natural gas price and availability of alternative fuel effect of the program, if manufacturers refueling sites—1,217 compressed vehicles and of the fuels that these produced less fuel efficient vehicles natural gas (CNG) and 44 liquefied vehicles use. only because the incentive program natural gas (LNG)—had increased from The joint ACEEE—CAS—Sierra allowed them to do so, has been to 1,065 CNG refueling sites in 1995. The Club—USPIRG letter opposed any increase petroleum consumption number of ethanol refueling sites, which extension of the incentive program. without producing a corresponding provide the E85 fuel used in most dual These commenters indicated that the increase in the availability or use of fuel vehicles, had grown to 121 from 37 incentive program had not resulted in alternative fuels (Report to Congress: in the five years from 1995–2001. In the any expansion of alternative fuel Effects of the Alternative Motor Fuels same period, the number of methanol infrastructure. In their view, the primary Act CAFE Incentives Policy, Executive (M85) refueling stations dropped from impact of the incentive program was to Summary (hereinafter cited as Report)). 105 to 37 as the number of M85 flexible- allow manufacturers to produce less The report finds that, by the end of fuel vehicles decreased. (Report, Sec. fuel-efficient vehicles. Based on this the 2000 model year, the population of IV). assessment, the signatories to the letter dual-fueled alternative fuel vehicles had Our report indicates that despite the indicated that the incentive program increased to over 1.2 million vehicles. fact that the incentive program had led increased petroleum consumption and This growth, including 115,000 to sales of more than one million increased emissions. They further urged passenger cars and 1,077,000 light ethanol flexible-fuel vehicles through that the incentive program be trucks using E85 ethanol fuel, occurred the 2000 model year, the small number terminated unless availability of the in less than five years (Report, Sec. III). of E85 stations and the limited amount incentive could actually be linked to By 2000, close to 8 percent of all new of E85 produced strongly suggest that alternative fuel consumption. light trucks were dual-fueled vehicles as these vehicles were being operated Ford, GM, DC, and the Alliance all compared to virtually no dual-fueled almost exclusively on gasoline. indicated that the existence of the light trucks two years before. About 1.4 The report also notes that conducting incentive program had a major influence percent of passenger cars produced in an assessment of the energy and on decisions by some vehicle the 2000 model year were dual-fueled environmental impacts of the incentive manufacturers to produce dual-fueled vehicles (compared to .025 percent in program is complicated by uncertainty vehicles in high volumes. Ford and DC 1993) (Report, Sec. III). As the number about the behavior and capabilities of indicated that they offered dual-fueled of dual-fueled vehicles increased, the vehicle manufacturers. While the use of vehicles at no additional cost to manufacturers building these vehicles alternative fuels can reduce petroleum consumers, while GM indicated that grew closer to gaining the maximum consumption and greenhouse gas pricing was subject to a large number of CAFE increase permitted under the emissions, the energy consumption and factors. All three of these manufacturers incentive program. For the 2000 model environmental impacts cannot be indicated that present technology year, both Ford and DaimlerChrysler determined with any reasonable amount allowed production of reliable and approached the 0.9-mpg maximum of certainty because it is difficult to usable dual-fueled vehicles. However, benefit level that would be allowed if determine what manufacturers would DC noted that alcohol fuels presented the dual-fueled vehicle CAFE credit have done in the absence of the credit problems with starting in low provision were extended. Similarly, GM incentive. temperatures. GM observed that early increased its production of dual-fueled In an effort to evaluate the effects of alcohol fuels presented corrosion vehicles in order to benefit from the the incentive program up to the year problems. RFA indicated its belief that incentive program (Report, Executive 2000, the Environmental Protection performance of dual-fueled vehicles Summary). Agency (EPA), performed an analysis operating on alternative fuels could be The agency’s report finds that the comparing a baseline case in which no improved by tuning the engine increased production of dual-fueled incentive program existed with a case management system to use these fuels vehicles had stimulated some growth in where the incentive program was in more efficiently. The Alliance and each the use and availability of alternative place. In the incentive program case, it manufacturer also indicated that fuels. NHTSA found that alternative fuel was assumed that one percent of the continued production of alternative fuel use in alternative fuel vehicles in the fuel used by dual-fueled vehicles during vehicles would be a part of their efforts U.S. has been rising over the past the years from 1996 to 2000 was an to meet the CAFE standards and that decade. In 1992, a total of 230 million alternative fuel. The model also such production would be adversely gasoline gallon equivalents of assumed that the enhanced fuel affected by termination of the incentive alternative fuel were used in alternative efficiency of dual-fueled vehicles program. fuel vehicles; for 2000, that number is resulting from application of the CAFE Following consideration of the projected to rise to 368 million gasoline incentive allowed manufacturers to comments and other data, NHTSA gallon equivalents, or an increase of produce fewer fuel efficient issued its report. The agency’s report roughly 6 percent per year. In conventional vehicles and still meet the indicates that the dual-fuel incentive comparison, the highway use of gasoline CAFE standards and avoid civil program has had a positive impact on and diesel increased roughly 2 percent penalties. Estimates were made of both the production and availability of dual- per year. However, alternative fuel use conventional and alternative fuel use, fueled vehicles. However, the increased only accounts for 0.23 percent of total total motor fuel consumption, and availability of these vehicles has not highway fuel use. greenhouse gas emissions. These stimulated any meaningful growth in One factor limiting greater expansion estimates were compared to the baseline the availability and use of the of alternative fuel use is the availability analysis, in which the absence of an alternative fuels used in dual-fueled of alternative fuels. As of May 2001, incentive program or consumer demand vehicles. Few dual-fueled vehicles are there were 5,236 alternative fuel for lower mpg vehicles compelled being operated on alternative fuels. refueling sites, with sites in all 50 states manufacturers to make more fuel- Since the incentive program rewards (Report, Sec. IV). Of the existing efficient conventional vehicles. A manufacturers for producing qualifying alternative fuel refueling stations, the comparison of the two models indicated vehicles through an upward adjustment vast majority offered liquefied that when dual-fueled vehicles are only
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operated on alternative fuel one percent greenhouse gas emissions (Report Sec. the actual use of alternative fuels by of the time, the incentive program V).4 consumers; and increases the consumption of petroleum The preceding analysis assumes that (3) Develop, implement, and evaluate in two ways. First, dual-fueled vehicles in the absence of the incentive program, policies and programs that facilitate more rapid expansion and use of the alternative operating on petroleum consume manufacturers would not have fuel infrastructure. Such policies and petroleum themselves. Second, the produced larger, less fuel efficient programs should be evaluated, taking into production of the dual-fueled vehicles vehicles. It is also possible that account the availability of alternative fuel allows manufacturers to build less manufacturers might have responded to and other potential transportation uses for efficient petroleum fueled vehicles than strong consumer demand for each fuel. they would without the incentive performance and utility and produced In view of the nation’s energy security program. Through 2000, the CAFE the same vehicles without the provision interests, it is important to increase incentives policy was estimated to have as they did with it. In this case, alternative fuel capability throughout the manufacturers would have chosen to fleet. Given the mixed results of the program resulted in an increase in alternative to date, it would be prudent for Federal fuel use (almost all E85) and a slight pay civil penalties rather than meet the agencies, Congress, industry, and other increase in gasoline consumption (about CAFE standard. Under this scenario, the interested stakeholders to identify additional 1 percent)(Report Sec. V). main effect of the program has been to programs and authorities that could greatly expand the population of The analysis also attempted to predict contribute to achieving greater use of vehicles that have the potential to use alternative fuels in dual-fuel vehicles that the effect of an extension of the alternative fuels. receive the CAFE credit. incentive program on the environment In assessing the dual-fuel incentive and energy consumption. The effects of program, the report finds that the credit C. Other Developments extending the CAFE credit to 2008 program has been successful in under four basic scenarios were In the last year, several events have stimulating a significant increase in the evaluated under the assumption that transpired related to CAFE and the availability of alternative fuel vehicles. credit incentive provision. These are manufacturers would continue to be The existence of the incentive program constrained by CAFE and choose not to summarized below. was a major factor in the development On May 17, 2001, the Energy Policy build less efficient vehicles and pay and production of alternative fuel Development Group, led by Vice CAFE penalties in response to consumer vehicles in high volumes. The existence President Dick Cheney, issued its demand. Two different production rates of these vehicles has not, however, National Energy Policy. This report for flexible-fuel vehicles were stimulated a corresponding increase in made recommendations to President considered: One based on a maximum the availability of alternative fuels. The Bush regarding the path that the benefit of 0.9 mpg and, due to a then report also finds that the nation’s administration’s energy policy should pending legislative proposal to amend limited capacity for producing E85 fuel take and included specific the existing limit, one based on 1.2 mpg. could be further limited by the recommendations regarding vehicle fuel Two different rates of E85 fuel possibility that a gasoline additive, economy and CAFE. The report consumption were then considered Methyl Tertiary-Butyl Ether (MTBE), recommends that the President direct under the aforementioned two could be replaced by ethanol. This the Secretary of Transportation to production rates (one based on the would further constrain any future • Review and provide recommendations current rate of about 1 percent and one expansion of E85 use. Given the slow based on a steady increase in use from on establishing CAFE standards with due rate of growth in the alternative fuel consideration of the National Academy of the current 1 percent to 50 percent in infrastructure, the report states that if Sciences study to be released in July 2001. 2008) in an attempt to bound the range the incentive program were used by Responsibly crafted CAFE standards should of possible outcomes. All four scenarios manufacturers to meet CAFE standards increase efficiency without negatively would result in increases in petroleum in lieu of producing more efficient impacting the U.S. automotive industry. The use and greenhouse gases if the vehicles, energy conservation and determination of future fuel economy incentive program were extended to environmental benefits will only be standards must therefore be addressed analytically and based on sound science. 2008. The analysis also considered realized through the extension of the • additional scenarios under which Consider passenger safety, economic incentive provisions if other incentives, concerns, and disparate impact on the U.S. flexible-fuel vehicles would use E85 an programs, or market conditions versus foreign fleet of automobiles. average of 50 percent of the time and stimulate the production, distribution, • Look at other market-based approaches 100 percent of time). In the 50 percent and use of E85 fuel. Therefore, the to increasing the national average fuel case, petroleum consumption would not agency’s report indicates that a number economy of new motor vehicles. increase if the credit were extended to of other actions might be considered to The Energy Policy Development Group 2008. However, the amount of improve the program and its chances for also stated in its report that ethanol greenhouse gases produced would still success. vehicles offer tremendous potential if increase, if the credit were extended, Specific actions by Congress or others ethanol production can be expanded. compared to the option of allowing the might include any or all of the Additionally, the report states that, ‘‘a program to expire in 2004. If flexible- following: considerable enlargement of ethanol fuel vehicles used E85 100 percent of (1) Examine alternatives to the current production and distribution capacity the time, petroleum consumption would dual-fuel vehicle CAFE credit program would be required to expand beyond decline, although greenhouse gases structure, such as linking the CAFE credit to their current base in the Midwest in would still increase. The increase in actual alternative fuel used; order to increase use of ethanol-blended greenhouse gases in both cases would (2) Develop, implement, and evaluate fuels.’’ stem from the overall increase in policies, regulations, or programs to promote Like the appropriations acts for the petroleum use by conventional vehicles preceding five years, the fiscal year 2001 4 allowed by the incentive program and This analysis assumes that, in the absence of the DOT Appropriations Act included the the fact that flexible-fuel vehicles dual-fuel incentive, manufacturers would produce more efficient vehicles to meet the CAFE standards, rider prohibiting the Department from burning E85 would still generate some rather than pay civil penalties. revising the CAFE standards. However it
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also included a provision directing the controls about 65 percent of the world’s production cutbacks that makes oil Department to fund a National Academy oil reserves and about 35 percent of the price shocks possible, increasing of Sciences study on the effectiveness world’s natural gas reserves. North competition for oil by using alternative and impacts of CAFE standards. On July American reserves of oil amount to just fuels reduces the ability of oil suppliers 30, 2001, the National Academy of 6–7 percent of world reserves, and the to constrain supply in order to increase Sciences released a preliminary report Department of Energy estimates that the the price of oil. entitled, ‘‘Effectiveness and Impact of U.S. will import 62 percent of its oil by E. Availability and Use of Alternative Corporate Average Fuel Economy the year 2010. Since the petroleum Fuels (CAFE) Standards.’’ This report ‘‘shocks’’ of the 1970s, the inflation- included 15 findings and seven adjusted price of crude oil has generally Alternative fuel use in the U.S. has recommendations. Recommendation 5 declined. Since the oil shocks of the grown significantly since the passage of stated that, ‘‘Credits for dual-fuel 1970s several events combined to keep AMFA alternative fuel incentives. In vehicles should be eliminated, with the oil prices low: the end of the Cold War; 1992, alternative fuel use in the U.S. provision that NHTSA’s notice of such a diminution in the market power of amounted to 230 million gasoline gallon action provides enough lead-time to OPEC due to an increase in petroleum equivalents; in 2000, alternative fuel use limit adverse impacts on the automotive production from non-OPEC nations; and is estimated to be 368 million gasoline industry.’’ the cementing of U.S. security ties to the gallon equivalents, an overall increase On August 2, 2001, the U.S. House of most important oil-exporting nations. of 60 percent. With the exception of Representatives passed H.R. 4, which is The growing dependence of the U.S. on methanol and E95 blend ethanol, all of entitled the Securing America’s Future imported petroleum offsets the positive the alternative fuels in use have seen Energy (SAFE) Act of 2001. This bill, developments that have occurred in the notable increases in use between 1992 which has been placed on the Senate global petroleum market over the past and 2000. An increasing number of CNG legislative calendar, includes provisions 20 years and the potential impact of a and LNG vehicles are available from in Section 203, Dual Fueled petroleum shock on the U.S. is growing. original-equipment manufacturers and Automobiles, which alter the AMFA The transportation sector remains electricity has also enjoyed a large CAFE credit incentive program by overwhelmingly dependent on increase, due to the OEM offerings of extending it for an additional four petroleum-based fuels and on electric vehicles in the Southwest. model years to 2008 and by extending technologies that provide virtually no Alternative fuel use in alternative fuel the 1.2 mpg limitation on the maximum flexibility for employing alternative to vehicles has been rising at a rate three allowable CAFE credit that can be petroleum. Transportation currently times faster than the total highway use earned by a specific manufacturer’s fleet accounts for approximately two-thirds of gasoline and diesel. Nonetheless, through model year 2008 as well. The of all U.S. petroleum use and roughly alternative fuel use only accounts for deadline for making a decision whether one-fourth of total U.S. energy 0.23 percent of total highway fuel use. to extend the program beyond 2008 consumption. Highway transportation The National Energy Policy would be December 31, 2005, with the petroleum consumption has risen from Development Group, in its May 17, report on the effects of the program due 121 billion gallons per year in 1979 to 2001, report on the National Energy on September 30, 2004. 155 billion gallons per year in 1999 (28 Policy states that, ‘‘The lack of In July 2001, Secretary Mineta sent a percent over 20 years). Given the infrastructure for alternative fuels is a letter to Congress asking that the freeze dependency of our nation’s major obstacle to consumer acceptance on CAFE standards be lifted transportation network on petroleum of alternative fuels and the purchase of immediately so NHTSA could resume use, substitution of conventional alternative fuel vehicles.’’ The lack of its CAFE rulemaking responsibilities. petroleum fuels by non-petroleum-based infrastructure is one of the main reasons However, the freeze was not lifted until fuels, including alternative fuels, could why most alternative fuel vehicles December 2001, when the reduce America’s vulnerability to actually operate on petroleum fuels. As Appropriations Act for the Department disruptions in petroleum supply. the report noted, ‘‘ethanol vehicles offer of Transportation, for the first time in Increased use of alternative fuels can tremendous potential if ethanol six years, did not include a rider yield other economic benefits as well as production can be expanded.’’ However, freezing CAFE standards. NHTSA improving the nation’s energy security. the report also states that, ‘‘a immediately resumed its CAFE Displacing petroleum with alternative considerable enlargement of ethanol rulemaking responsibilities. The FY and replacement transportation fuels production and distribution capacity 2003 DOT budget request includes helps hold down petroleum prices in would be required to expand beyond $1,000,000 to support CAFE program two ways. First, reducing the demand their current base in the Midwest in activities to meet those responsibilities. for petroleum decreases the world price order to increase use of ethanol-blended for oil—a 1 percent decrease in U.S. fuels.’’ D. U.S. Dependence on Imported petroleum demand could, in the long The National Renewable Energy Petroleum term, reduce world oil price by about Laboratory reports that there are 5,236 The United States met 15 percent of 0.5 percent. Short-run impacts could be alternative fuel refueling sites as of May its oil needs in 1955 through imports. even greater, due to the short-run 2001, with alternative fuel refueling The import share reached 36.8 percent inelasticity of oil supply and demand. sites in all 50 states. Unfortunately, by 1975, the year CAFE standards were An additional benefit of increased while most dual-fuel vehicles use authorized by Congress, and then alternative or replacement fuel use is ethanol as an alternative fuel, less than peaked at 46.4 percent in 1977. the potential to reduce the impact of a three percent of U.S. alternative fuel Although the share declined to below 30 supply shortage on prices. As evidenced refueling stations sell ethanol. As of percent in the mid-1980’s, lately, the in the industrial and utility sectors, the May 2001, there were 121 public E85 United States has again become existence of alternatives to oil provides refueling outlets in operation, up from increasingly dependent on imported oil. potential substitutes for oil in the event 37 in 1995. For LPG, the most widely Imports totaled 43.6 percent in 1992 and of a production cutback. Since it is available alternative fuel, although it are anticipated to be at or over 50 precisely the non-responsiveness of has availability in all states, there are percent in 2001. The Middle East transportation oil demand to oil only 3,270 outlets in the U.S. For other
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gaseous alternative fuels, there are 1,237 construction can add another 123 2004 model years, with the possibility Compressed Natural Gas (CNG) outlets million gallons per year, and plants in of an extension of up to four model in the U.S and 44 Liquified Natural Gas the engineering and planning stages can years, i.e., through the 2008 model year. (LNG) refueling sites. add another 149 million gallons per The other limit was to place a cap of 1.2 The Federal government, specifically year. If all the present and building mpg on the maximum increase in fleet DOE, the General Services plants are producing ethanol as planned fuel economy available from the use of Administration and the Department of in 2003, total ethanol production the incentives for the 1993–2004 model Agriculture are involved with efforts to capacity that year will be about 1.99 years and 0.9 mpg for any of the model promote the use and expansion of billion gallons of ethanol per year. year(s) to which the program was alternative fuels and the alternative fuel Capacity in 2010 could reach 2.6 billion extended by NHTSA. The existence and infrastructure. A major focus of these gallons per year. However, if MTBE is nature of these limits indicates that efforts is the development of different banned as a gasoline additive and fuel Congress understood that the incentive feedstocks for ethanol and on producers replace MTBE with ethanol, program could result in increased partnerships that result in the expansion it is uncertain if there will be enough petroleum use, that any increases in of the ethanol fuel infrastructure. DOE refinery capacity to both replace MTBE petroleum use would be limited to the administers the Clean Cities Program, and to fuel flexible-fuel vehicles a life of the program, and that, if the the Office of Fuels Development (OFD) substantial portion of the time with E85. program were extended, that the extent alternative fuel program, and, in of increased petroleum use would be III. Agency Proposal conjunction with the General Services controlled. Administration (GSA), the Federal AFV Section 32905(f) directs NHTSA to The existence of the dual-fuel USER Program. Efforts by DOE are take one of the following actions on or incentives has spurred a large increase underway in Minnesota to help before December 31, 2001: Either in the production of these vehicles in construct a number of ethanol refueling complete a rulemaking extending the recent years. Technologies have been sites. In August 2001, the USDA dual-fuel incentive program or issue a developed to the degree that dual-fueled announced that its agencies will use notice of termination ending it. The vehicles are as reliable and as useful as ethanol fuels in their fleet vehicles agency’s ability to extend the program is their conventionally fueled where practicable and reasonable in not unlimited—it may only extend the counterparts. Fleet operators and others cost. incentives for Anot more than 4 with access to gaseous fuels are, to a As ethanol fuels are generally more consecutive model years immediately limited extent, using gaseous dual- expensive than gasoline, cost remains after model year 2004 * * *.’’ fueled vehicles. Liquid fueled dual- an impediment to the more widespread On December 31, 2001, NHTSA fueled vehicles capable of operating on demand that would stimulate issued a notice of intent to issue a notice E85 or gasoline are being produced in development of the necessary of proposed rulemaking that was significant numbers. These E85 vehicles infrastructure. Although the trend in published in the Federal Register on may use either gasoline or E85 alternative fuels is in the direction of January 7, 2002 (67 FR 713). In that interchangeably with no input required E85 use, the infrastructure has been notice, the agency explained that it was from the vehicle operator, save the slow to develop because these vehicles providing notice of its intention to issue selection of the fuel to be used when also use conventional fuel. However, a notice of proposed rulemaking to filling the tank. With the exception of even if relatively few of these vehicles extend the dual fuel incentive program decreased range resulting from the are actually being operated on E85, the from one to four years. slightly lower energy content of E85, a existence of a dual fuel capable fleet The agency is proposing to extend the liquid dual-fueled vehicle performs as could spur an increase in the number of dual-fuel incentive program for four well on E85 as it does on gasoline. E85 refueling sites, and provide model years, from the 2005 through the Production of E85 vehicles steadily consumers an alternative if there are gas 2008 model years. NHTSA has increased through the 2000 model year, shortages or gas prices increase tentatively concluded that extension of but slightly decreased in the 2001 model significantly. The small number of the dual-fuel incentive program for four year, as dual-fuel technology has outlets available today points out the model years would be appropriate and matured and manufacturers rely on the need to intensify the E85 refueling consistent with the goals of both the incentives to assist them in meeting infrastructure. In addition, it is safe to incentive program and the CAFE CAFE requirements. For example, no say that many people who have program as a whole. liquid fuel dual-fueled light trucks were purchased flexible-fuel vehicles do not The dual-fuel incentive program, produced in 1997. However, over 1.4 know they could use E85. More public which envisions a reduction in million dual-fueled light trucks were education in areas where E85 refueling petroleum dependence through the produced in the 1998—2001 model stations exist is needed to inform people development of alternative fuels, years. In the 2000 model year, close to so that they are aware they can use E85. accepts an interim increase in the 7.6 percent, and in the 2001 model year, Future alternative fuel use may be consumption of petroleum fuels in 4.6 percent of all light trucks produced affected by supply as well as demand. pursuit of that end. When Congress were dual-fueled vehicles. About 1.4 Water quality concerns involving the conceived the incentive program, it was percent of passenger cars produced in use of MTBE and the rapidly increasing aware of the risk that manufacturers the 2000 model year and 0.8 percent number of E85 flexible-fuel vehicles would avail themselves of gains in fleet produced in the 2001 model year were may, if ethanol production is diverted to fuel economy by building dual-fueled dual-fueled vehicles (compared to .025 the production of an MTBE substitute, vehicles regardless of whether the percent in 1993). As of the 2001 model lead to insufficient ethanol to meet vehicles ever used an alternative fuel. year, 217,000 E–85 dual-fueled demand. Current ethanol supply Concern about this possibility and the passenger cars and 1,446,000 E–85 dual- capacity, as well as that represented by increase in the use of petroleum that fueled light trucks had been produced. ethanol plants now planned or under could result, led to the enactment of two Comments submitted in response to the construction, indicates that domestic limits on the incentive program. One of agency’s request for information prior to ethanol production is now about 1.72 these limits, now at issue, was to make preparation of NHTSA’s report to billion gallons per year. Plants under the incentive available for the 1993– Congress indicate that manufacturers
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plan to produce increasing numbers of apiece in South Dakota, Nebraska and E85 dual-fueled vehicles would rise to dual-fueled vehicles as part of their Kentucky and 5 in Missouri.5 While the approximately 1 billion gallons in 2010. overall strategy for meeting CAFE number of E85 stations has increased Future availability of ethanol for the requirements. during the course of the incentive E85 fuel used by most dual-fueled NHTSA notes that almost all of the program, the growth that has occurred vehicles is further complicated by dual-fueled vehicles produced in the has not yet resulted in a degree of changes in the formulation of petroleum U.S. have been built since the 1997 expansion suggesting that E85 is likely fuels. Much of the ethanol produced model year. While the incentive to serve as a viable alternative to now is used for conventional fuel program has been in place since the petroleum fuels in the near future. additives. This use may increase 1993 model year, manufacturer efforts In one sense, the lack of development dramatically due to concerns about in the first several years of the incentive of an alternative fuel infrastructure is methyl tertiary butyl ether (MTBE). program were primarily directed at the indicative of the technology and MTBE is an additive that has been used development of methanol-fueled (M85) marketing of dual-fueled vehicles. Dual- in U.S. gasoline as an octane enhancer vehicles. While these efforts met with fueled vehicles perform as well when since 1979. Because MTBE use in some success, methanol’s corrosive operated on gasoline as conventionally gasoline reduces certain emissions, it properties, problems with the quality of fueled vehicles. It is possible that has been used in higher concentrations methanol fuels and increased demand owners of these vehicles often remain since 1992 in certain geographic areas to for methanol in conventional fuel unaware that the vehicle can be fulfill the oxygenate requirements set by additives led to a change in direction operated on an alternative fuel or, in Congress in the 1990 Clean Air Act toward the development and production those areas where alternative fuel is Amendments. Recent concerns about of ethanol (E85) vehicles. The first available, where they can purchase MTBE in groundwater resulting from production E85 dual-fueled vehicles alternative fuel. Although some leaking underground storage tanks has appeared in the 1998 model year and manufacturers have made efforts to led to a reexamination of policies are the only vehicles that have been improve owner awareness of the unique regarding its use. produced in significant quantities since capability of these dual-fueled vehicles, While a variety of approaches are the inception of the incentive program. the fact remains that the dual-fuel being considered, there is a possibility In terms of stimulating dual-fueled capabilities of these vehicles are often that the use of ethanol as an MTBE vehicle production, the incentive not well known. substitute may spur a substantial program appears to be meeting the Owner unawareness of dual-fuel increase in demand for ethanol. If this expectations of Congress. Reliable dual- capability is not the only obstacle to were to occur, the increased demand for fueled vehicles that perform well while increased alternative fuel use. As noted ethanol as an additive might restrict the operating on an alternative fuel are above, there are presently very few E85 availability of ethanol as a fuel until becoming available in increasing stations in the United States. Even in production capacity is increased. numbers. In some instances, those locations where E85 is available, However, once the demand for ethanol- manufacturers are producing enough it has not historically been price based additives stabilized, the increased dual-fueled vehicles to enable them to competitive with gasoline, particularly production capacity might make more obtain close to the maximum benefit when the price is adjusted to reflect ethanol available as fuel. NHTSA is under the incentive. Although these E85’s lower energy content. The lower concerned that the increased demand vehicles, the vast majority of which are energy content of E85 also results in a for ethanol additives might restrict the E85 dual-fueled vehicles, have only slight reduction in driving range when availability of ethanol fuel, particularly begun to be produced in significant compared with gasoline. Those in the next few years. As temporary numbers, the comments submitted in consumers who are aware of their shortages of ethanol might impact the response to NHTSA’s May 9, 2000 vehicle’s ability to use an alternative success of the incentive program in the request for comments indicate that the fuel most likely will not choose to use near term, NHTSA believes that a full incentive program is the principal alternative fuels unless they are more four-year extension of the program impetus for their development and attractive than gasoline. might be necessary to allow ethanol manufacture. The incentive program has Development of an alternative fuel production to grow sufficiently to meet therefore begun to satisfy one infrastructure is also dependent on the the demand for additives to petroleum component of AMFA’s overall goal of supply of alternative fuels. As noted fuel and ethanol fuel itself. encouraging the development of above, current ethanol production in the The agency’s proposal to extend the alternative fuel vehicles. United States is approximately 1.7 incentive program for four years is an The success of the incentive program billion gallons per year. As that capacity attempt to reconcile the promise of an in stimulating the production of increases, ethanol production is increasingly large fleet of dual-fueled vehicles has not yet resulted either in projected to reach approximately 2 vehicles with the constraints preventing increased demand for alternative fuels billion gallons per year. A substantial the development of the dual-fuel or a corresponding increase in percentage of this production capacity is infrastructure envisioned by Congress. availability of these fuels. Despite the used to produce additives for The existence of the incentive program presence of approximately 1.7 million conventional gasoline or to produce has provided considerable impetus to E85 capable dual-fueled vehicles in the gasohol (90 percent gasoline/10 percent the development and refinement of both gaseous and liquid fueled dual-fueled U.S. fleet, owners of these vehicles are ethanol). As NHTSA notes in its report vehicles. After efforts in the early years unlikely to be able to use E85 fuel, to Congress, about 400 million gallons of the incentive program revealed particularly if they live in one of the 32 of ethanol were available for use in E85 technological barriers to practical states without any E85 fuel stations. At fuel for dual-fueled vehicles in 2000. methanol fueled vehicles, industry present, there are less than 140 E85 The agency also notes that it anticipates efforts turned to the development of stations in the U.S. The majority of that the amount of ethanol available for these stations are located in the ethanol capable vehicles. The Midwestern and north central states 5 A list of alternative fuel stations maintained by maturation of ethanol capable dual- with 60 stations in Minnesota, 13 in the Department of Energy may be accessed at fueled vehicle technology did not occur Illinois, 10 in Iowa, 8 in Michigan, 7 http://www.afdc.nrel.gov/refueling.html. until well after the incentive program
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began in the 1993 model year. As dual- limitation on the maximum benefit offset the increase in fuel costs. The fueled vehicle production has only modifies the impact of the incentive light truck purchaser may get more recently begun to result in significant program’s special fuel economy choices of large light trucks and sport numbers of dual-fueled vehicles in calculation for dual-fueled vehicles. utility vehicles in the market, perhaps actual use, NHTSA believes that that Manufacturers will be required to the ability to choose a larger engine, or termination of the incentive program increase the efficiency of their perhaps savings in initial vehicle prices before the end of the 2008 model year conventionally fueled fleet to make up if weight reductions due to material would be premature. The added for the reduction in the dual-fuel substitutions, or fuel economy numbers of dual-fueled vehicles now in incentive. If alternative fuel use has not technologies are not added to the use, in combination with those that will increased, the 0.9 mpg cap will restrict vehicle. It is entirely possible that the be produced in the 2002 through 2008 the negative impacts of the incentive value vehicle purchasers place on these model years, may spur increased program. attributes exceeds the cost of the extra consumption and availability of IV. Benefits and Costs gasoline these vehicles use. alternative fuels. In addition, the Federal government, and specifically In the preliminary economic V. Rulemaking Notices and Analyses DOE, the General Services assessment, the agency examined two A. Executive Order 12866 and DOT Administration and the Department of scenarios examining the impact of Regulatory Policies and Procedures extending the incentive program on Agriculture are involved with efforts to Executive Order 12866, ‘‘Regulatory promote the use and expansion of consumers by projecting the increased fuel costs resulting from less efficient Planning and Review’’ (58 FR 51735, alternative fuels and the alternative fuel October 4, 1993), provides for making infrastructure. These programs may also conventionally fueled vehicles being available in the marketplace. One determinations whether a regulatory bear fruit in the form of increased action is ‘‘significant’’ and therefore alternative fuel use. Unfortunately, scenario, scenario 1, is based on the 2001 model year combined fuel subject to Office of Management and NHTSA does not now have the Budget (OMB) review and to the opportunity to wait and examine the economy of GM, Ford, and Daimler/ Chrysler light trucks of 20.07 mpg. requirements of the Executive Order. impact these vehicles may have. The Order defines a ‘‘significant The agency’s tentative decision to Scenario 1 examined the 2001 model regulatory action’’ as one that is likely extend the incentive program for four year fuel economy for these to result in a rule that may: years is based on its assessment that the manufacturers without operation of the (1) Have an annual effect on the energy and other costs of the incentive incentive and with the incentive in economy of $100 million or more or program are justified by the potential place. (20.52 mpg versus 20.07 mpg.) As adversely affect in a material way the benefits. We are unable to predict with the incentive program allows the economy, a sector of the economy, certainty how much alternative fuel use, production of less fuel efficient productivity, competition, jobs, the which is a critical element to the vehicles, the lower average fuel environment, public health or safety, or realization of benefits, will increase.6 economy will result in the average light State, local, or Tribal governments or Adoption of the proposed four-year truck purchaser’s vehicle consuming communities; extension entails a risk that more fuel (on average 308 gallons) over (2) Create a serious inconsistency or manufacturers might be producing dual- its lifetime and costing $129 more otherwise interfere with an action taken fuel vehicles that operate only on (present discounted value) to operate in fuel over the vehicle’s lifetime. Scenario or planned by another agency; petroleum fuel. On the other hand, if the (3) Materially alter the budgetary agency were to allow the program to 2 examined the potential credit of 0.9 mpg that could be taken during the impact of entitlements, grants, user fees, terminate, there would be an equal risk or loan programs or the rights and that late-blooming alternative fuel extension years, so it compared 20.97 mpg versus 20.07 mpg. From a light obligations of recipients thereof; or technology and production would be truck purchaser’s perspective, the lower (4) Raise novel legal or policy issues wasted and the opportunities for average fuel economy will result in their arising out of legal mandates, the eventual reductions in petroleum use vehicle consuming more fuel (on President’s priorities, or the principles would be lost. A four-year extension is, average 411 gallons) over its lifetime set forth in the Executive Order. in NHTSA’s view, a reasonable and costing $244 more (present This proposal is economically reconciling of those risks. Such an discounted value) to operate in fuel over significant. While the proposal does not extension will provide opportunities for the vehicles’ lifetime. require the production of alternative further development of measures to Scenario 1 could result in an fuel vehicles, it allows manufacturers encourage alternative fuel use and, if additional 1.7 billion gallons of gasoline producing dual-fuel vehicles to produce those policies are successful, result in being used over the lifetime of one less efficient conventionally fueled the development of a domestic fuel model year’s fleet of light trucks at a vehicles. The impact of the production supply and infrastructure with either present discounted value of $727 of these less efficient vehicles may little or no increase in petroleum use. million. Scenario 2 could result in an result in additional annual fuel costs of As noted above, the maximum incentive additional 2.3 billion gallons of gasoline more than $100 million. Accordingly, it benefit available in the 2005 through being used over the lifetime of one was reviewed under Executive Order 2008 model years is an 0.9 mpg increase model year’s fleet of light trucks at a 12866. The rule is also significant in a manufacturer’s fleet average. This present discounted value of $1,375 within the meaning of the Department million. of Transportation’s Regulatory Policies 6 Many of those responding to NHTSA’s May 9, 2000 request for comments suggested that a number Because there are a variety of ways to and Procedures. of measures be implemented to make alternative improve fuel economy, and our ability Because this proposed rule is fuels more attractive to consumers. These suggested to collect and analyze data had been economically significant, the agency has measures, which included reductions in fuel taxes restricted under the CAFE freeze for the prepared a Preliminary Economic on alternative fuels, tax credits for alternative fuel use or alternative fuel vehicles and other market preceding six fiscal years, we are unable Analysis (PEA). This analysis is incentives, are initiatives that are beyond NHTSA’s at this time to determine what are the summarized above in the sections on authority. benefits to the light truck purchaser to Benefits and Costs. The PEA is available
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in the docket and has been placed on represents a very small percentage of E. Civil Justice Reform the agency’s website along with the overall emissions resulting from the This proposed amendment would not proposal itself. consumption of petroleum fuels by have any retroactive effect. 49 U.S.C. highway vehicles. B. Regulatory Flexibility Act 30161 sets forth a procedure for judicial review of final rules establishing, Pursuant to the Regulatory Flexibility D. Executive Order 13132 (Federalism) amending, or revoking Federal motor Act (5 U.S.C. 601 et seq., as amended by Executive Order 13132 requires vehicle safety standards. That section the Small Business Regulatory NHTSA to develop an accountable does not require submission of a Enforcement Fairness Act (SBREFA) of process to ensure ‘‘meaningful and petition for reconsideration or other 1996), whenever an agency is required timely input by State and local officials administrative proceedings before to publish a notice of rulemaking for in the development of regulatory parties may file suit in court. any proposed or final rule, it must policies that have federalism prepare and make available for public implications.’’ ‘‘Policies that have F. Paperwork Reduction Act comment a regulatory flexibility federalism implications’’ is defined in Under the Paperwork Reduction Act analysis that describes the effect of the the Executive Order to include of 1995, a person is not required to rule on small entities (i.e., small regulations that have ‘‘substantial direct respond to a collection of information businesses, small organizations, and effects on the States, on the relationship by a Federal agency unless the small governmental jurisdictions). The between the national government and collection displays a valid OMB control Small Business Administration’s the States, or on the distribution of number. This proposed rule would not regulations at 13 CFR part 121 define a power and responsibilities among the require any new collections of small business, in part, as a business various levels of government.’’ Under information as defined by the OMB in entity ‘‘which operates primarily within Executive Order 13132, the agency may 5 CFR part 1320. Data regarding the United States.’’ (13 CFR 121.105(a)). not issue a regulation with Federalism production of dual-fuel vehicles would No regulatory flexibility analysis is implications, that imposes substantial be submitted to the agency under the required if the head of an agency direct compliance costs, and that is not existing procedures found in 49 CFR certifies the rule will not have a required by statute, unless the Federal part 537. significant economic impact on a government provides the funds substantial number of small entities. necessary to pay the direct compliance G. National Technology Transfer and SBREFA amended the Regulatory costs incurred by State and local Advancement Act Flexibility Act to require Federal governments, the agency consults with Section 12(d) of the National agencies to provide a statement of the State and local governments, or the Technology Transfer and Advancement factual basis for certifying that a rule agency consults with State and local Act of 1995 (NTTAA), Public Law 104– will not have a significant economic officials early in the process of 113, section 12(d) (15 U.S.C. 272) impact on a substantial number of small developing the proposed regulation. directs us to use voluntary consensus entities. NHTSA also may not issue a regulation standards in our regulatory activities NHTSA has considered the effects of with Federalism implications and that unless doing so would be inconsistent this proposed rule under the Regulatory preempts State law unless the agency with applicable law or otherwise Flexibility Act. I certify that this consults with State and local officials impractical. Voluntary consensus proposed rule would not have a early in the process of developing the standards are technical standards (e.g., significant economic impact on a proposed regulation. materials specifications, test methods, substantial number of small entities. The agency has analyzed this sampling procedures, and business The rationale for this certification is that proposed rule in accordance with the practices) that are developed or adopted there are not currently any small motor principles and criteria set forth in by voluntary consensus standards vehicle manufacturers in the United Executive Order 13132 and has bodies, such as the Society of States building vehicles that would be determined that it would not have Automotive Engineers (SAE). The affected by the extension of the dual- sufficient federalism implications to NTTAA directs us to provide Congress, fuel incentive credit. warrant consultation with State and through OMB, explanations when we local officials or the preparation of a C. National Environmental Policy Act decide not to use available and federalism summary impact statement. applicable voluntary consensus NHTSA has analyzed this rulemaking The proposal to extend the dual-fuel standards. action for the purposes of the National incentive program through the 2008 There are no voluntary consensus Environmental Policy Act. The agency model year may result in additional standards available at this time. has performed a preliminary conventional fuel costs for state and However, NHTSA will consider any Environmental Assessment and local governments. At the same time, such standards if they become available. determined that implementation of this extension of the incentive program will proposed rule will not have a significant ensure that dual fuel vehicles, which H. Unfunded Mandates Reform Act impact on the quality of the human state and local governments are required Section 202 of the Unfunded environment. Adoption of this proposed to use by other federal mandates, will be Mandates Reform Act of 1995 (UMRA) rule is likely to result in increased available at lower costs. Any increased requires Federal agencies to prepare a vehicle emissions and an increase in costs that would not be offset by the written assessment of the costs, benefits, greenhouse gases, depending on the continued availability of lower cost dual and other effects of proposed or final amount of alternative fuel consumed by fuel vehicles, however, are not direct rules that include a Federal mandate dual-fueled vehicles manufactured in costs. The agency’s proposal would not likely to result in the expenditure by response to the rule. Such increases will otherwise have any substantial effects State, local or tribal governments, in the stem largely from the production of on the States, or on the current Federal- aggregate, or by the private sector, of larger, less fuel efficient vehicles made State relationship, or on the current more than $100 million in any one year possible by the propose extension. distribution of power and (adjusted for inflation with base year of However, under any scenario, the responsibilities among the various local 1995). Before promulgating a rule for amount of increased emissions officials. which a written statement is needed,
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section 205 of the UMRA generally Will the Agency Consider Late receiving your comments, Docket requires NHTSA to identify and Comments? Management will return the postcard by consider a reasonable number of We will consider all comments that mail. regulatory alternatives and adopt the Docket Management receives before the How Do I Submit Confidential Business least costly, most cost-effective, or least close of business on the comment Information? burdensome alternative that achieves closing date indicated above under the objectives of the rule. The DATES. To the extent possible, we will If you wish to submit any information provisions of section 205 do not apply also consider comments that Docket under a claim of confidentiality, you when they are inconsistent with Management receives after that date. If should submit three copies of your applicable law. Moreover, section 205 Docket Management receives a comment complete submission, including the allows NHTSA to adopt an alternative too late for us to consider it in information you claim to be confidential other than the least costly, most cost- developing a final rule (assuming that business information, to the Chief effective, or least burdensome one is issued), we will consider that Counsel, NHTSA, at the address given alternative if the agency publishes with comment as an informal suggestion for above under FOR FURTHER INFORMATION the final rule an explanation why that future rulemaking action. CONTACT. In addition, you should alternative was not adopted. submit two copies, from which you This proposed rule would not result How Do I Prepare and Submit have deleted the claimed confidential in the expenditure by State, local, or Comments? business information, to Docket tribal governments, in the aggregate, of Your comments must be written and Management at the address given above more than $100 million annually. in English. To ensure that your under ADDRESSES. When you send a comment containing information I. Plain Language comments are correctly filed in the Docket, please include the docket claimed to be confidential business Executive Order 12866 requires each number of this document in your information, you should include a cover agency to write all rules in plain comments. letter setting forth the information language. Application of the principles Your comments must not be more specified in our confidential business of plain language includes consideration than 15 pages long. (49 CFR 553.21). We information regulation. (49 CFR part of the following questions: established this limit to encourage you 512.) —Have we organized the material to suit to write your primary comments in a How Can I Read the Comments the public’s needs? concise fashion. However, you may Submitted by Other People? —Are the requirements in the rule attach necessary additional documents clearly stated? to your comments. There is no limit on You may read the comments received —Does the rule contain technical the length of the attachments. by Docket Management at the address language or jargon that is not clear? Please submit two copies of your given above under ADDRESSES. The —Would a different format (grouping comments, including the attachments, hours of the Docket are indicated above and order of sections, use of headings, to Docket Management at the address in the same location. paragraphing) make the rule easier to given above under ADDRESSES. You may also see the comments on understand? In addition, given the statutory the Internet. To read the comments on —Would more (but shorter) sections be deadline of December 31, 2001, for the Internet, take the following steps: better? issuance of the final rule, for those 1. Go to the Docket Management System —Could we improve clarity by adding comments of 4 or more pages in length, (DMS) Web page of the Department of tables, lists, or diagrams? we request that you send 10 additional Transportation (http://dms.dot.gov/). —What else could we do to make this copies, as well as one copy on computer 2. On that page, click on ‘‘search.’’ rulemaking easier to understand? disc, to: Mr. Kenneth Katz, Office of 3. On the next page (http://dms.dot.gov/ If you have any responses to these Consumer Programs, National Highway search/), type in the four-digit docket number questions, please include them in your Traffic Safety Administration, 400 shown at the beginning of this document. comments on this NPRM. Example: If the docket number were Seventh Street, SW, Washington, DC NHTSA–1998–1234, you would type ‘‘1234.’’ J. Regulation Identifier Number (RIN) 20590. We emphasize that this is not a After typing the docket number, click on requirement. However, we ask that you The Department of Transportation ‘‘search.’’ do this to aid us in expediting our assigns a regulation identifier number 4. On the next page, which contains docket review of all comments. The copy on summary information for the docket you (RIN) to each regulatory action listed in computer disc may be in any format, selected, click on the desired comments. You the Unified Agenda of Federal although we would prefer that it be in may download the comments. Although the Regulations. The Regulatory Information WordPerfect 8 or Word 2000. comments are imaged documents, instead of Service Center publishes the Unified You may also submit your comments word processing documents, the ‘‘pdf’’ Agenda in April and October of each versions of the documents are word to the docket electronically by logging year. You may use the RIN contained in searchable. onto the Dockets Management System the heading at the beginning of this website at http://dms.dot.gov. Click on Please note that even after the document to find this action in the ‘‘Help & Information’’ or ‘‘Help/Info’’ to comment closing date, we will continue Unified Agenda. obtain instructions for filing the to file relevant information in the VI. Preparation and Submission of document electronically. Docket as it becomes available. Further, Comments some people may submit late comments. How Can I Be Sure That My Comments Accordingly, we recommend that you When Is the Comment Closing Date? Were Received? periodically check the Docket for new NHTSA has determined that it is If you wish Docket Management to material. necessary to provide a comment period notify you upon its receipt of your List of Subjects in 49 CFR Part 538 of less than 60 days because of the comments, enclose a self-addressed, statutory requirement to issue a final stamped postcard in the envelope Energy conservation, Gasoline, rule by December 31, 2001. containing your comments. Upon Imports, Motor vehicles.
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In consideration of the foregoing, measurements for gaseous fuels other measurements for gaseous fuels other NHTSA proposes to amend 49 CFR part than natural gas. This part also extends than natural gas. This part also specifies 538 as follows: the dual-fuel incentive program. the model years after 2004 in which the fuel economy of dual-fueled PART 538—MANUFACTURING 3. Section 538.2 would be revised to read as follows: automobiles may be calculated under INCENTIVES FOR ALTERNATIVE the special incentive provisions found FUELED VEHICLES § 538.2 Purpose. in 49 U.S.C. 32905(b) and (d). 1. The authority citation for part 538 The purpose of this part is to specify 4. Section 538.9 would be added to of Title 49 would continue to read as one of the criteria in 49 U.S.C. chapter read as follows: follows: 329 ‘‘Automobile Fuel Economy’’ for § 538.9 Dual fuel vehicle incentive. Authority: 49 U.S.C. 32901, 32905, and identifying dual-fueled passenger The application of 49 U.S.C. 32905(b) 32906; delegation of authority at 49 CFR 1.50. automobiles that are manufactured in and (d) to qualifying dual fuel vehicles 2. Section 538.1 would be revised to model years 1993 through 2004. The is extended to the 2005, 2006, 2007, and read as follows: fuel economy of a qualifying vehicle is 2008 model years. calculated in a special manner so as to § 538.1 Scope. encourage its production as a way of Issued on March 6, 2002. This part establishes minimum facilitating a manufacturer’s compliance Stephen R. Kratzke, driving range criteria to aid in with the Corporate Average Fuel Associate Administrator for Safety identifying passenger automobiles that Economy Standards set forth in part 531 Performance Standards. are dual-fueled automobiles. It also of this chapter. The purpose is also to [FR Doc. 02–5790 Filed 3–6–02; 3:58 pm] establishes gallon equivalent establish gallon equivalent BILLING CODE 4910–59–P
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Proposed Rules Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER will be made available for public present an irreconcilable conflict with contains notices to the public of the proposed inspection in the Office of the Docket this rule. issuance of rules and regulations. The Clerk during regular business hours, or purpose of these notices is to give interested The Act provides that administrative can be viewed at: http:// proceedings must be exhausted before persons an opportunity to participate in the www.ams.usda.gov/fv/moab.html. rule making prior to the adoption of the final parties may file suit in court. Under rules. FOR FURTHER INFORMATION CONTACT: section 608c(15)(A) of the Act, any Robert J. Curry, Northwest Marketing handler subject to an order may file Field Office, Marketing Order with USDA a petition stating that the DEPARTMENT OF AGRICULTURE Administration Branch, Fruit and order, any provision of the order, or any Vegetable Programs, AMS, USDA, 1220 obligation imposed in connection with Agricultural Marketing Service SW Third Avenue, suite 385, Portland, the order is not in accordance with law Oregon 97204; telephone: (503) 326– and request a modification of the order 7 CFR Part 985 2724; Fax: (503) 326–7440; or George or to be exempted therefrom. A handler [Docket No. FV–02–985–1 PR] Kelhart, Technical Advisor, Marketing is afforded the opportunity for a hearing Order Administration Branch, Fruit and on the petition. After the hearing USDA Marketing Order Regulating the Vegetable Programs, AMS, USDA, 1400 would rule on the petition. The Act Handling of Spearmint Oil Produced in Independence Avenue, SW., STOP provides that the district court of the the Far West; Salable Quantities and 0237, Washington, DC 20250–0237; United States in any district in which Allotment Percentages for the 2002– telephone: (202) 720–2491; Fax: (202) the handler is an inhabitant, or has his 2003 Marketing Year 720–8938. or her principal place of business, has Small businesses may request jurisdiction to review USDA’s ruling on AGENCY: Agricultural Marketing Service, information on complying with this the petition, provided an action is filed USDA. regulation by contacting Jay Guerber, not later than 20 days after the date of ACTION: Proposed rule. Marketing Order Administration the entry of the ruling. Branch, Fruit and Vegetable Programs, SUMMARY: This rule would establish the AMS, USDA, 1400 Independence Pursuant to authority in §§ 985.50, quantity of spearmint oil produced in Avenue SW., STOP 0237, Washington, 985.51, and 985.52 of the order, the the Far West, by class, that handlers DC 20250–0237; telephone (202) 720– Committee recommended the salable may purchase from, or handle for, 2491, Fax: (202) 720–8938, or E-mail: quantities and allotment percentages for producers during the 2002–2003 [email protected]. the 2002–2003 marketing year at its marketing year, which begins on June 1, October 3, 2001, meeting. For Scotch SUPPLEMENTARY INFORMATION: This 2002. This rule invites comments on the spearmint oil, in a vote of six in favor, proposal is issued under Marketing establishment of salable quantities and one opposed, and one abstention, the Order No. 985 (7 CFR part 985), as allotment percentages for Class 1 Committee recommended the amended, regulating the handling of (Scotch) spearmint oil of 849,471 and 45 establishment of a salable quantity and spearmint oil produced in the Far West percent, respectively, and for Class 3 allotment percentage of 849,471 pounds (Washington, Idaho, Oregon, and (Native) spearmint oil of 800,761 and 38 and 45 percent, respectively. For Native designated parts of Nevada and Utah), percent, respectively. The Spearmint Oil spearmint oil, in a vote of seven in favor hereinafter referred to as the ‘‘order.’’ Administrative Committee (Committee), and one opposed, the Committee This order is effective under the the agency responsible for local recommended the establishment of a Agricultural Marketing Agreement Act administration of the marketing order salable quantity and allotment of 1937, as amended (7 U.S.C. 601–674), for spearmint oil produced in the Far percentage of 800,761 pounds and 38 hereinafter referred to as the ‘‘Act.’’ percent, respectively. West, recommended this rule for the The Department of Agriculture purpose of avoiding extreme (USDA) is issuing this rule in This proposed rule would limit the fluctuations in supplies and prices, to conformance with Executive Order amount of spearmint oil that handlers help maintain stability in the spearmint 12866. may purchase from, or handle for, oil market. This proposal has been reviewed producers during the 2002–2003 DATES: Comments must be received by under Executive Order 12988, Civil marketing year, which begins on June 1, March 26, 2002. Justice Reform. Under the provisions of 2002. Salable quantities and allotment ADDRESSES: Interested persons are the order now in effect, salable percentages have been placed into effect invited to submit written comments quantities and allotment percentages each season since the order’s inception concerning this proposed rule. may be established for classes of in 1980. Comments must be sent to the Docket spearmint oil produced in the Far West. The U.S. production of spearmint oil Clerk, Marketing Order Administration This proposed rule would establish the is concentrated in the Far West, Branch, Fruit and Vegetable Programs, quantity of spearmint oil produced in primarily Washington, Idaho, and AMS, USDA, 1400 Independence the Far West, by class, that may be Oregon (part of the area covered by the Avenue SW., STOP 0237, Washington, purchased from or handled for marketing order). Spearmint oil is also DC 20250–0237; Fax: (202) 720–8938; or producers by handlers during the 2002– produced in the Midwest. The E-mail: [email protected]. All 2003 marketing year, which begins on production area covered by the comments should reference the docket June 1, 2002. This proposed rule would marketing order currently accounts for number and the date and page number not preempt any State or local laws, approximately 55 percent of the annual of this issue of the Federal Register and regulations, or policies, unless they U.S. production of Scotch spearmint oil
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and over 90 percent of the annual U.S. For the 2001–2002 marketing year— spearmint oils despite the Committee’s production of Native spearmint oil. the current marketing year—the efforts to balance available supplies When the order became effective in Committee determined at its October 11, with demand. Based on comments made 1980, the United States produced nearly 2000, meeting, that it would attempt to at the Committee’s meeting, factors that 100 percent of the world’s supply of stabilize prices at a reasonable level are currently contributing to depressed Scotch spearmint oil, of which while still considering global market prices include the general uncertainty approximately 72 percent was produced share. The Committee’s transitional being experienced through the U.S. in the regulated production area in the recommendation for Scotch spearmint economy and the continuing overall Far West. The Far West continued to oil for the 2001–2002 marketing year weak farm situation, as well as an produce an average of about 69 percent was, therefore, based on a desire to abundant global supply of spearmint oil. of the world’s Scotch spearmint oil remain competitive on an international Conditions similar to those affecting supply during the period from 1980 to level while maintaining the supply of the Scotch spearmint oil market 1990. International production oil at a level that could enhance prices contributed to the Committee’s current characteristics have changed since 1990, and help producers remain solvent. The recommendation for a salable quantity however, with foreign Scotch spearmint 2001–2002 salable quantity is somewhat of 800,761 pounds and an allotment oil production contributing significantly higher than the estimated trade demand. percentage of 38 percent for Native to world production. The Far West’s This shifted the Committee’s Scotch spearmint oil for the 2002–2003 market share as a percent of total world spearmint oil market strategy from one marketing year. The supply and demand sales has averaged about 44 percent considering primarily the Far West’s characteristics of the current Native since 1990. share of the world market to an spearmint oil market are keeping the During the period between 1996 and approach primarily considering current price flat at about $9.00 per pound—a 2000, the Committee employed a price, supply, and demand. This action level the Committee considers too low marketing strategy for Scotch spearmint made an adequate supply of Scotch for the majority of producers to oil that was intended to foster market spearmint oil available as evidenced by maintain viability. The WSU study stability and expand market share. This the substantial amount of oil carried indicates that the cost of producing marketing strategy was an attempt to into the marketing year. Native spearmint oil currently ranges remain competitive on an international Although still concerned with global from $10.26 to $10.92 per pound. Thus, level by regaining a substantial amount spearmint oil market share, the with over 90 percent of the world of the Far West’s historical share of the Committee calculated the 2002–2003 production currently located in the Far global market for this class of oil. In Scotch spearmint oil salable quantity West, the Committee’s method of implementing this strategy, the and allotment percentage by primarily calculating the Native spearmint oil Committee had been recommending the utilizing information on price and salable quantity and allotment establishment of a salable quantity and available supply as they are affected by percentage continues to primarily allotment percentage for Scotch the estimated trade demand. The utilize information on price and spearmint oil in excess of the estimated recommendation for 2002–2003 available supply as they are affected by trade demand for each marketing year. implements the Committee’s stated the estimated trade demand. The In the development of its annual intent of keeping adequate supplies Committee’s stated intent is to make marketing policy statements during this available at all times, while trying to adequate supplies available to meet period, the Committee’s strategy bring prices to growers to a level that considered general market conditions will help them stay in business and still market needs and improve producer for each class of spearmint oil, allow the industry to compete with less prices. including the Far West’s world market expensive oil produced outside the The Committee based its share as it relates to the overall market regulated area. The industry continues recommendation for the proposed stability of spearmint oil. to be interested in expanding market salable quantity and allotment During its deliberations at the October share. The Committee’s calculations are percentage for each class of spearmint 11, 2000, meeting, however, the detailed below. oil for the 2002–2003 marketing year on Committee concluded that this Despite the recent downward trend in the information discussed above, as well marketing strategy for Scotch spearmint the price of both classes of spearmint as the data outlined below. oil had not been entirely effective. oil, the Committee believes that the (1) Class 1 (Scotch) Spearmint Oil Although sales had increased, the Far order has contributed extensively to the West’s market share as a percentage of stabilization of producer prices, which (A) Estimated carry-in on June 1, total world sales had not increased on prior to 1980 experienced wide 2002—260,181 pounds. This figure is average, and the market price for Scotch fluctuations from year to year. the difference between the estimated spearmint oil had continued to decline According to the National Agricultural 2001–2002 marketing year trade throughout this period. During the Statistics Service, for example, the demand of 860,000 pounds and the 1998–1999 and 1999–2000 marketing average price paid for both classes of revised 2001–2002 marketing year total years, the price paid to producers for spearmint oil ranged from about $4.00 available supply of 1,120,181 pounds. Scotch spearmint oil dropped to a low per pound to about $12.50 per pound The 2001–2002 marketing year total of $7.00 per pound. Although the during the period between 1968 and available supply was revised due to current price for Scotch oil has 1980. Excluding the most recent three differences in the carry-in estimated on increased to between $7.50 and $8.00 marketing years, prices since the order’s October 11, 2000, and the actual carry- per pound, the Committee continues to inception have generally stabilized at in on June 1, 2001, as well as producer believe that such returns are generally about $11.00 per pound for Native deficiencies on June 1, 2001. A producer below the cost of production for most spearmint oil and at about $13.00 per is deficient when the producer is unable producers, which, according to the pound for Scotch spearmint oil. Over to produce oil equal to his or her salable Washington State University the last few years, the price has dropped quantity and is unable to fill this Cooperative Extension Service (WSU), is to between $8.00 and $11.00 per pound deficiency from reserve pool oil or currently between $13.87 and $14.62 and $9.00 and $10.00 per pound, excess oil from another producer. When per pound. respectively, for Scotch and Native prices are below the producer’s costs of
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production, they reduce acres and 2001–2002 marketing year trade The Committee’s recommended produce less oil. demand of 929,000 pounds and the Scotch and Native spearmint oil salable (B) Estimated trade demand for the revised 2001–2002 marketing year total quantities and allotment percentages of 2002–2003 marketing year—875,000 available supply of 1,127,583 pounds. 849,471 pounds and 45 percent and pounds. This figure represents the (B) Estimated trade demand for the 800,761 and 38 percent, respectively, Committee’s estimate based on the 2002–2003 marketing year—960,000 are based on the Committee’s goal of average of the estimates provided by pounds. This figure is based on input maintaining market stability by avoiding producers at five Scotch spearmint oil from producers at the four Native extreme fluctuations in supplies and production area meetings held in spearmint oil production area meetings prices and the anticipated supply and September 2001, as well as estimates held in September 2001, from handlers, trade demand during the 2002–2003 provided by handlers and others at the and from Committee members and other marketing year. The proposed salable meeting. Handler trade demand meeting participants at the October 3, quantities are not expected to cause a estimates for the 2002–2003 marketing 2001, meeting. The average estimated shortage of spearmint oil supplies. Any year ranged from 675,000 to 900,000 trade demand at the four production unanticipated or additional market pounds. The last five year average sales area meetings was 975,000 pounds. demand for spearmint oil which may were 936,000 pounds. (C) Salable quantity required from the develop during the marketing year can (C) Salable quantity required from the 2002–2003 marketing year production— be satisfied by an increase in the salable 2002–2003 marketing year production— 761,417 pounds. This figure is the quantities. Both Scotch and Native 614,819 pounds. This figure is the difference between the estimated 2002– spearmint oil producers who produce difference between the estimated 2002– 2003 marketing year trade demand more than their annual allotments 2003 marketing year trade demand (960,000 pounds) and the estimated during the 2002–2003 season may (875,000 pounds) and the estimated carry-in on June 1, 2002 (198,583 transfer such excess spearmint oil to a carry-in on June 1, 2002 (260,181 pounds). producer with spearmint oil production pounds). (D) Total estimated allotment base for less than his or her annual allotment or (D) Total estimated allotment base for the 2002–2003 marketing year— put it into the reserve pool. the 2002–2003 marketing year— 2,107,267 pounds. This figure This proposed regulation, if adopted, 1,887,713 pounds. This figure represents a one percent increase over would be similar to those which have represents a one-percent increase over the revised 2001–2002 total allotment been issued in prior seasons. Costs to the revised 2001–2002 total allotment base. This figure is generally revised producers and handlers resulting from base. This figure is generally revised each year on June 1 due to producer this proposed action are expected to be each year on June 1 due to producer base being lost based on the provisions offset by the benefits derived from a base being lost based on the provisions of § 985.53(e). The revision normally stable market and improved returns. In of § 985.53(e). The revision is usually involves a minimal amount of spearmint conjunction with the issuance of this minimal. oil. proposed rule, the Committee’s (E) Computed allotment percentage— (E) Computed allotment percentage— marketing policy statement for the 32.6 percent. This percentage is 36.1 percent. This percentage is 2002–2003 marketing year has been computed by dividing the required computed by dividing the required reviewed by USDA. The Committee’s salable quantity by the total estimated salable quantity by the total estimated marketing policy statement, a allotment base. allotment base. requirement whenever the Committee (F) Recommended allotment (F) Recommended allotment recommends volume regulations, fully percentage—45 percent. This percentage—38 percent. This is the meets the intent of § 985.50 of the order. recommendation is based on the Committee’s recommendation based on During its discussion of potential 2002– Committee’s determination that a the computed allotment percentage, the 2003 salable quantities and allotment decrease from the current season’s average of the computed allotment percentages, the Committee considered: allotment percentage of 48 percent to percentage figures from the four (1) The estimated quantity of salable oil the computed 32.6 percent would be too production area meetings (38.1 percent), of each class held by producers and drastic a reduction in a single year. The and input from producers and handlers handlers; (2) the estimated demand for recommended level of 45 percent is also at the October 3, 2001, meeting. each class of oil; (3) prospective only slightly below the 5-year average (G) The Committee’s recommended production of each class of oil; (4) total sales, and if sales in 2002–2003 are salable quantity—800,761 pounds. This of allotment bases of each class of oil for average or better, the carry-out would be figure is the product of the the current marketing year and the reduced. recommended allotment percentage and estimated total of allotment bases of (G) The Committee’s recommended the total estimated allotment base. each class for the ensuing marketing salable quantity—849,471 pounds. This (H) Estimated available supply for the year; (5) the quantity of reserve oil, by figure is the product of the 2002–2003 marketing year—999,344 class, in storage; (6) producer prices of recommended allotment percentage and pounds. This figure is the sum of the oil, including prices for each class of oil; the total estimated allotment base. 2002–2003 recommended salable and (7) general market conditions for (H) Estimated available supply for the quantity (800,761 pounds) and the each class of oil, including whether the 2002–2003 marketing year—1,109,652 estimated carry-in on June 1, 2002 estimated season average price to pounds. This figure is the sum of the (198,583 pounds). producers is likely to exceed parity. 2002–2003 recommended salable The salable quantity is the total Conformity with the USDA’s quantity (849,471 pounds) and the quantity of each class of spearmint oil ‘‘Guidelines for Fruit, Vegetable, and estimated carry-in on June 1, 2002 which handlers may purchase from or Specialty Crop Marketing Orders’’ has (260,181 pounds). handle on behalf of producers during a also been reviewed and confirmed. marketing year. Each producer is The establishment of these salable (2) Class 3 (Native) Spearmint Oil allotted a share of the salable quantity quantities and allotment percentages (A) Estimated carry-in on June 1, by applying the allotment percentage to would allow for anticipated market 2002—198,583 pounds. This figure is the producer’s allotment base for the needs. In determining anticipated the difference between the estimated applicable class of spearmint oil. market needs, consideration by the
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Committee was given to historical sales, the total acreage required to produce the spearmint-flavored products at retail as well as changes and trends in crop is about one-third spearmint and such as chewing gum, toothpaste, and production and demand. This rule also two-thirds rotational crops. An average mouthwash. The manufacturers of these provides producers with information on spearmint oil-producing farm has to products are by far the largest users of the amount of spearmint oil which have considerably more acreage than is mint oil. However, spearmint flavoring should be produced for next season in planted to spearmint during any given is generally a very minor component of order to meet anticipated market season. Crop rotation is an essential the products in which it is used, so demand. cultural practice in the production of changes in the raw product price have spearmint oil for weed, insect, and no impact on retail prices for those Initial Regulatory Flexibility Analysis disease control. To remain economically goods. Pursuant to requirements set forth in viable with the added costs associated Spearmint oil production tends to be the Regulatory Flexibility Act (RFA), the with spearmint oil production, most cyclical. Years of large production, with Agricultural Marketing Service (AMS) spearmint oil-producing farms fall into demand remaining reasonably stable, has considered the economic impact of the SBA category of large businesses. have led to periods in which large this action on small entities. This proposed rule would establish producer stocks of unsold spearmint oil Accordingly, AMS has prepared this the quantity of spearmint oil produced have depressed producer prices for a initial regulatory flexibility analysis. in the Far West, by class, that handlers number of years. Shortages and high The purpose of the RFA is to fit may purchase from, or handle for, prices may follow in subsequent years, regulatory actions to the scale of producers during the 2002–2003 as producers respond to price signals by business subject to such actions in order marketing year. The Committee cutting back production. that small businesses will not be unduly recommended this rule to help maintain The wide fluctuations in supply and or disproportionately burdened. stability in the spearmint oil market by prices that result from this cycle, which Marketing orders issued pursuant to the avoiding extreme fluctuations in was even more pronounced before the Act, and rules issued thereunder, are supplies and prices. Establishing creation of the marketing order, can unique in that they are brought about quantities to be purchased or handled create liquidity problems for some through group action of essentially during the marketing year through producers. The marketing order was small entities acting on their own volume regulations allows growers to designed to reduce the price impacts of behalf. Thus, both statutes have small plan their mint planting and harvesting the cyclical swings in production. entity orientation and compatibility. to meet expected market needs. This However, producers have been less able There are 7 spearmint oil handlers action is authorized by the provisions of to weather these cycles in recent years subject to regulation under the order, §§ 985.50, 985.51 and 985.52 of the because of the decline in prices of many and approximately 118 producers of order. of the alternative crops they grow. As Class 1 (Scotch) spearmint oil and Small spearmint oil producers noted earlier, almost all spearmint oil approximately 107 producers of Class 3 generally are not as extensively producers diversify by growing other (Native) spearmint oil in the regulated diversified as larger ones and as such crops. production area. Small agricultural are more at risk to market fluctuations. Instability in the spearmint oil service firms are defined by the Small Such small farmers generally need to subsector of the mint industry is much Business Administration (SBA) (13 CFR market their entire annual crop and do more likely to originate on the supply 121.201) as those having annual receipts not have the luxury of having other side than the demand side. Fluctuations of less than $5,000,000, and small crops to cushion seasons with poor in yield and acreage planted from agricultural producers are defined as spearmint oil returns. Conversely, large season-to-season tend to be larger than those whose annual receipts are less diversified producers have the potential fluctuations in the amount purchased by than $750,000. to endure one or more seasons of poor buyers. Based on the SBA’s definition of spearmint oil markets because incomes The significant variability is small entities, the Committee estimates from alternate crops could support the illustrated by the fact that between 1980 that 2 of the 7 handlers regulated by the operation for a period of time. Being and 2000, production tended to vary by order could be considered small reasonably assured of a stable price and 25 percent above and below the average entities. Most of the handlers are large market provides small producing production level of 1,888,810 pounds. corporations involved in the entities with the ability to maintain The 25 percent figure (469,321 pounds) international trading of essential oils proper cash flow and to meet annual is the standard deviation around the and the products of essential oils. In expenses. Thus, the market and price average production level. Production in addition, the Committee estimates that stability provided by the order the shortest crop year was about 48 30 of the 118 Scotch spearmint oil potentially benefit the small producer percent of the 21-year average and the producers and 19 of the 107 Native more than such provisions benefit large largest crop was approximately 163 spearmint oil producers could be producers. Even though a majority of percent. A key consequence is that in classified as small entities under the handlers and producers of spearmint oil years of oversupply and low prices, the SBA definition. Thus, a majority of may not be classified as small entities, season average producer price of handlers and producers of Far West the volume control feature of this order spearmint oil is below the average cost spearmint oil may not be classified as has small entity orientation. of production (as measured by the small entities. Demand for spearmint oil tends to be Washington State University The Far West spearmint oil industry relatively stable from year-to-year. The Cooperative Extension Service). is characterized by producers whose demand for spearmint oil is expected to In an effort to stabilize prices, the farming operations generally involve grow slowly for the foreseeable future spearmint oil industry uses the volume more than one commodity, and whose because the demand for consumer control mechanisms authorized under income from farming operations is not products that use spearmint oil will the order. This authority allows the exclusively dependent on the likely expand slowly, in line with Committee to recommend a salable production of spearmint oil. A typical population growth. quantity and allotment percentage for spearmint oil-producing operation has Demand for spearmint oil at the farm each class of oil for the upcoming enough acreage for rotation such that level is derived from retail demand for marketing year. The salable quantity for
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each class of oil is the total volume of likely be over-supplied, resulting in low spearmint oil. The Committee explored that oil which producers may sell producer prices and a large volume of maintaining the Scotch spearmint oil during the marketing year. The oil stored and carried over to the next allotment percentage at the same level allotment percentage for each class of crop year. The model estimates how as the current year (48 percent) or spearmint oil is derived by dividing the much lower producer prices would increasing the percentage, allowing even salable quantity by the total allotment likely be in the absence of volume more product into the market. These base. controls. options were discussed at length by the Each producer is then issued an The Committee estimated the Committee, producers, and handlers in annual allotment certificate, in pounds, available supply for both classes of oil attendance at the meeting. Both options for the applicable class of oil, which is at 2,108,996 pounds, and that the were rejected because current supplies calculated by multiplying the expected carry-in will be 458,764 are very abundant and resultant prices producer’s allotment base by the pounds. Therefore, with volume control, are considered too low for general applicable allotment percentage. This is sales by producers for the 2002–2003 producer viability. the amount of oil for the applicable marketing year should be limited to Finally, the Committee discussed class that the producer can sell. 1,650,232 pounds (the recommended recommending a level of regulation as By November 1 of each year, the salable quantity for both classes of low as a 32.6 percent allotment Committee identifies any oil that spearmint oil). percentage. As noted earlier, the individual producers have produced The recommended salable Committee determined that a drop in above the volume specified on their percentages, upon which 2002–2003 the allotment percentage for Scotch annual allotment certificates. This producer allotments are based, are 45 spearmint oil from 48 percent during excess oil is placed in a reserve pool percent for Scotch and 38 percent for the current year to 32.6 percent would administered by the Committee. Native. Without volume controls, likely be too extreme an adjustment in There is a reserve pool for each class producers would not be limited to these one marketing year. The Committee of oil which may not be sold during the allotment levels, and could produce and opted for a much smaller decline of 3 current marketing year unless the sell additional spearmint. The percentage points, to a salable Secretary approves a Committee econometric model estimated a $1.66 percentage of 45 percent. The recommendation to make a portion of decline in average grower price per recommended salable quantity is the pool available. However, limited pound (from both classes or spearmint 849,971 pounds. quantities of reserve oil are typically oil) resulting from the higher quantities One Committee member, however, sold to fill deficiencies. A deficiency produced and marketed without volume voted against the recommended Scotch occurs when on-farm production is less control. Northwest grower prices for spearmint oil salable quantity and than a producer’s allotment. In that both classes of spearmint oil for 1999 allotment percentage in support of a case, a producer’s own reserve oil can and 2000 averaged $9.13, based on lower level. In consideration of the be sold to fill that deficiency. Excess National Agricultural Statistics Service current, relatively depressed price for production (higher than the producer’s data. The severe surplus situation for Scotch spearmint oil, he felt a more allotment) can be sold to fill other the spearmint oil market that would restrictive level of regulation would producers’ deficiencies. exist without volume controls in 2002– help to enhance returns to producers. In any given year, the total available 2003 would also likely dampen The general consensus of the supply of spearmint oil is composed of prospects for improved grower prices in individuals commenting during the current production plus carry-over future years because of the buildup in meeting indicated strong support for a stocks from the previous crop. The stocks. shift in Scotch spearmint oil marketing Committee seeks to maintain market The use of volume controls allows the strategy from one considering primarily stability by balancing supply and industry to fully supply spearmint oil the Far West’s share of the world market demand, and to close the marketing year markets while avoiding the negative to an approach primarily considering with an appropriate level of carry-out. If consequences of over-supplying these current price, supply, and demand. The the industry has production in excess of markets. The use of volume controls is Committee’s belief that the Scotch the salable quantity, then the reserve believed to have little or no effect on spearmint oil market can be improved pool absorbs the surplus quantity of consumer prices of products containing and stabilized is reflected in its spearmint oil, which goes unsold during spearmint oil and will not result in recommendation to establish the salable that year, unless the oil is needed for fewer retail sales of such products. quantity and allotment percentage at unanticipated sales. The Committee discussed alternatives 849,471 pounds and 45 percent, Under its provisions, the order may to this rule including higher and lower respectively. attempt to stabilize prices by (1) limiting levels for the salable quantities and The Committee discussed alternative supply and establishing reserves in high allotment percentages for both classes of allotment percentage levels for the other production years, thus minimizing the oil, as well as not regulating the class of spearmint oil (Native) ranging price-depressing effect that excess handling of spearmint oil during the from a low of about 35 percent to a high producer stocks have on unsold 2002–2003 marketing year. The of about 41 percent. With the current spearmint oil, and (2) ensuring that Committee also noted that the operation price for Native spearmint oil lower stocks are available in short supply of the marketing order provides valuable than the 20-year average, and demand years when prices would otherwise statistical information on domestic and fairly flat, the Committee, after increase dramatically. The reserve pool foreign markets to producers and other considerable discussion, determined grown in large production years and industry factors. that 800,761 pounds and 38 percent stocks are drawn down in short crop The Committee discussed and would be the most effective salable years. rejected the idea of not regulating quantity and allotment percentage, An econometric model was used to Scotch spearmint oil, because of the respectively, for the 2002–2003 assess the impact that volume control severe price-depressing effects that marketing year. has on the prices producers receive for would occur without volume control. The one dissenting member stated their commodity. Without volume The Committee also considered that 38 percent is too great a change control, spearmint oil markets would alternative regulation levels for Scotch from the current season’s allotment
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percentage of 45 percent, and that three years, prices have ranged from List of Subjects in 7 CFR Part 985 demand generally supports more supply $8.00 to $11.00 per pound for Scotch Marketing agreements, Oils and fats, than would be released at 38 percent. spearmint oil and between $9.00 to Reporting and recordkeeping After a great deal of discussion, the $10.00 per pound for Native spearmint requirements, Spearmint oil. Committee recommended the lower oil. For the reasons set forth in the percentage as a means of balancing According to the Committee, the supplies with market needs. If more preamble, 7 CFR part 985 is proposed to recommended salable quantities and be amended as follows: supplies are needed during the allotment percentages are expected to marketing year, the percentage could be achieve the goals of market and price PART 985—MARKETING ORDER increased. REGULATING THE HANDLING OF The Committee’s recommendation to stability, and price improvement. SPEARMINT OIL PRODUCED IN THE establish salable quantities and As stated earlier, annual salable FAR WEST allotment percentages for both classes of quantities and allotment percentages spearmint oil was made after careful have been issued for both classes of 1. The authority citation for 7 CFR consideration of all available spearmint oil since the order’s part 985 continues to read as follows: information, including: (1) The inception. Reporting and recordkeeping Authority: 7 U.S.C. 601–674. estimated quantity of salable oil of each requirements have remained the same class held by producers and handlers; for each year of regulation. These 2. A new § 985.221 is added to read (2) the estimated demand for each class requirements have been approved by the as follows: of oil; (3) prospective production of Office of Management and Budget under Note: This section will not appear in the each class of oil; (4) total of allotment OMB Control No. 0581–0065. Code of Federal Regulations. bases of each class of oil for the current Accordingly, this action would not marketing year and the estimated total impose any additional reporting or § 985.221 Salable quantities and allotment of allotment bases of each class for the recordkeeping requirements on either percentages—2002–2003 marketing year. ensuing marketing year; (5) the quantity small or large spearmint oil producers The salable quantity and allotment of reserve oil, by class, in storage; (6) and handlers. All reports and forms percentage for each class of spearmint producer prices of oil, including prices associated with this program are oil during the marketing year beginning for each class of oil; and (7) general reviewed periodically in order to avoid on June 1, 2002, shall be as follows: market conditions for each class of oil, unnecessary and duplicative (a) Class 1 (Scotch) oil—a salable including whether the estimated season information collection by industry and quantity of 849,471 pounds and an average price to producers is likely to public sector agencies. The USDA has allotment percentage of 45 percent. exceed parity. Based on its review, the not identified any relevant Federal rules (b) Class 3 (Native) oil—a salable Committee believes that the salable that duplicate, overlap, or conflict with quantity of 800,761 pounds and an quantity and allotment percentage levels this proposed rule. allotment percentage of 38 percent. recommended would achieve the objectives sought. The Committee’s meeting was widely Dated: March 5, 2002. Without any regulations in effect, the publicized throughout the spearmint oil A.J. Yates, Committee believes the industry would industry and all interested persons were Administrator, Agricultural Marketing return to the pronounced cyclical price invited to attend and participate on all Service. patterns that occurred prior to the order, issues. In addition, interested persons [FR Doc. 02–5686 Filed 3–8–02; 8:45 am] and that prices in 2002–2003 would are invited to submit information on the BILLING CODE 3410–02–P decline substantially below current regulatory and informational impacts of levels. this action on small businesses. As stated earlier, the Committee A small business guide on complying NUCLEAR REGULATORY believes that the order has contributed with fruit, vegetable, and specialty crop COMMISSION extensively to the stabilization of marketing agreements and orders may producer prices, which prior to 1980 be viewed at: http://www.ams.usda.gov/ 10 CFR Part 60 experienced wide fluctuations from fv/moab.html. Any questions about the [Docket No. PRM–60–2 and 60–2A] year-to-year. National Agricultural compliance guide should be sent to Jay Statistics Service records show that the Guerber at the previously mentioned The States of Nevada and Minnesota; average price paid for both classes of address in the FOR FURTHER INFORMATION Denial of Petition for Rulemaking spearmint oil ranged from about $4.00 CONTACT section. per pound to about $12.50 per pound AGENCY: Nuclear Regulatory during the period between 1968 and A 15-day comment period is provided Commission. to allow interested persons the 1980. Prices have been consistently ACTION: Denial of petition for more stable since the marketing order’s opportunity to respond to the proposal, rulemaking. inception in 1980. Excluding the most including any regulatory and recent three marketing years, prices informational impacts of this action on SUMMARY: The Nuclear Regulatory since the order’s inception have small businesses. Fifteen days is Commission (NRC) is denying a petition generally stabilized at about $13.00 per deemed appropriate because this rule for rulemaking (PRM–60–2 and 60–2A) pound for Scotch spearmint oil and would need to be effective as soon as submitted by the States of Nevada and about $11.00 per pound for Native possible to provide producers sufficient Minnesota dealing with disposal of spearmint oil. time prior to the beginning of the 2002– high-level radioactive waste (HLW). In Over the last three years, however, 2003 marketing year to adjust their PRM–60–2, the petitioners requested large production and carry-in cultural and marketing plans that the NRC adopt a regulation inventories have contributed to accordingly. All written comments governing the implementation of certain declining prices, despite the received within the comment period generally applicable environmental Committee’s efforts to balance available will be considered before a final standards for HLW that had been supplies with demand. Over the last determination is made on this matter. proposed by the U.S. Environmental
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Protection Agency (EPA) in 1982. FR 58196; December 29, 1982) to Public Comments on the Petition Subsequently, in PRM–60–2A, the establish generally applicable petitioners amended their original environmental standards for the The notice of receipt of the petition petition after EPA issued final standards management and disposal of spent for rulemaking invited interested in 1985. The amended petition was nuclear fuel, HLW and transuranic persons to submit comments. The placed on hold pending completion of wastes. EPA published its final comment period closed on July 1, 1985, certain rulemaking activities, including environmental standards on September for PRM–60–2, and February 18, 1986, EPA and NRC development of new 19, 1985 (50 FR 38066).1 The final for PRM–60–2A. The NRC received HLW disposal standards applicable only standards included the assurance eight comment letters on the petition to a site at Yucca Mountain, Nevada. requirements of concern to petitioners and the amendment from seven The NRC is denying the petition (e.g., institutional controls and post- commenters (one commenter provided because the NRC considered and permanent closure monitoring), but EPA comments on both PRM–60–2 and 60– partially addressed petitioners’ concerns did not impose these requirements on 2A). There were six comment letters on in the development of its site-specific facilities regulated by the NRC (see 40 PRM–60–2 and two comment letters on standards for a proposed repository at CFR 191.14 (1985)). The petitioners PRM–60–2A. Of the seven commenters, Yucca Mountain, and amending NRC’s subsequently filed an amended petition five were from States and two were from generic repository licensing regulations with the NRC on September 30, 1985 representatives of the nuclear power (PRM–60–2A) and the NRC published a at this time would unnecessarily expend industry. The State commenters agreed notice of receipt of the amended limited Commission resources because with petitioners that assurance there is no current expectation that the petition on December 19, 1985 (50 FR 51701). requirements should be included in generic regulations, in their current NRC regulations whereas the industry form, will be used. The amended petition requested that NRC amend 10 CFR part 60 to: (1) commenters believed that assurance ADDRESSES: Copies of the petition for incorporate regulations that are provisions should be in guidance rather rulemaking, the public comments than the regulations. received, and the NRC’s letter to the substantively equivalent to EPA’s 1985 assurance requirements, and (2) petitioners may be examined at the NRC Intervening Actions incorporate regulations pertaining to Public Document Room, Room O1F23, NRC’s potential adoption of the Final located at 11555 Rockville Pike, Subsequent to submission of the Environmental Impact Statement (FEIS) Rockville, MD. petitions, two events occurred which The NRC maintains an Agencywide to be prepared by the U.S. Department substantially altered the legal landscape Document Access and Management of Energy (DOE) as part of its site of the Government’s program for the recommendation of a potential geologic System (ADAMS), which provides text disposal of HLW. These events resulted repository. In the notice of the amended and image files of NRC’s public in the Commission’s withdrawal of its petition, the NRC noted that rulemaking documents. These documents may be proposed amendments to conform 10 actions currently underway, when accessed through the NRC’s Public finalized, would address the concerns CFR part 60 to EPA’s 1985 standards (63 Electronic Reading Room on the Internet expressed by petitioners (50 FR 51703). FR 66498; December 2, 1998). First, in at http://www.nrc.gov/NRC/ADAMS/ The actions included proposed 1987, Congress amended the Nuclear index.html. If you do not have access to amendments to 10 CFR part 60 to Waste Policy Act of 1982 (NWPA) in the ADAMS or if there are problems in eliminate inconsistencies between Nuclear Waste Policy Amendments Act accessing the documents located in NRC’s generic regulations and EPA’s (Public Law 100–203), to provide, ADAMS, contact the NRC Public 1985 standards, and proposed among other things, that only the site at Document Room (PDR) Reference staff amendments to 10 CFR part 51 on the Yucca Mountain, Nevada, (YM) would at 1–800–397–4209, 301–415–4737, or adoption of DOE’s FEIS. Accordingly, be characterized for possible selection by e-mail to [email protected]. the notice advised readers that further as a geologic repository. Second, in the FOR FURTHER INFORMATION CONTACT: consideration of the issues raised by Energy Policy Act of 1992 (Public Law Mark Haisfield, telephone (301) 415– petitioners would be deferred for 102–486), Congress required that EPA 6196, e-mail [email protected] or Timothy consideration in these rulemakings. On issue public health and environmental McCartin, telephone (301) 415–7285, July 3, 1989 (54 FR 27864), the NRC radiation protection standards that e-mail [email protected] of the Office of published a final rule, ‘‘NEPA Review would apply solely to the YM site and Nuclear Material Safety and Safeguards, Procedures for Geologic Repositories for that NRC modify its technical U.S. Nuclear Regulatory Commission, High-Level Waste.’’ In that rulemaking, requirements and criteria to be Washington, DC 20555–0001. the NRC denied the portion of the consistent with the EPA standards. SUPPLEMENTARY INFORMATION: amended petition proposing specific Pursuant to these statutory changes, the regulations to govern the process for The Petition EPA issued its final standards adopting DOE’s FEIS, but considered applicable to YM in a new 40 CFR Part On April 30, 1985 (50 FR 18267), the the concerns raised by petitioners on 197 on June 13, 2001 (66 FR 32074) and NRC published a notice of receipt of a this issue in the process of formulating petition for rulemaking (PRM–60–2) the final rule (54 FR 27868). the NRC issued its final conforming filed by the States of Nevada and requirements in a new 10 CFR part 63— Minnesota (petitioners) on January 21, 1 EPA’s final disposal standards at 40 CFR Part ‘‘Disposal of High-Level Radioactive 1985. The petition requested that the 191 were struck down by the U.S. Court of Appeals Wastes in a Proposed Geologic NRC amend its regulations in 10 CFR for the 1st Circuit in NRDC v. EPA, 824 F.2d 1258 Repository at Yucca Mountain, Nevada’’ (1st Cir. 1987). However, in 1992, Congress, in the Part 60 that govern disposal of HLW in Waste Isolation Pilot Plant Land Withdrawal Act, (66 FR 55732; November 2, 2001). In its geologic repositories. The petitioners Public Law 102–579, reinstated the standards for rulemaking, the NRC also amended 10 requested that NRC amend its sites other than Yucca Mountain, Nevada, except CFR part 60 to make it clear that 10 CFR regulations to add assurance for those portions that were the specific subject of part 60 only applies to the licensing of the judicial remand. The assurance requirements, requirements proposed by the EPA (40 40 CFR 191.14, were among the reinstated repositories at sites other than Yucca CFR 191.14) in EPA’s proposed rule (47 standards. Mountain.
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Denial of the Petition 10 CFR Part 63 and the Petition for permanent closure, it is required, by Although the Commission is denying § 63.51(a)(1), to update its performance The NRC is denying the petition, as assessment of the repository with the amended, for the following reasons: the petition for the reasons stated above, the Commission considered the performance confirmation data. 1. The petitioners’ concerns were substantive issues raised in the petition Consistent with NRC’s licensing considered in the rulemaking in the development of NRC’s final 10 procedures, this information and establishing 10 CFR part 63 and the CFR part 63 rule. A summary of how the associated analyses will be available to regulations in 10 CFR part 60 no longer petitioners’ proposals are addressed in all stakeholders. The program of post-permanent apply to a repository at YM. Therefore, 10 CFR part 63 is provided below: the petition, even if granted, would not closure monitoring begins after the affect the regulatory regime now in Post-permanent Closure Monitoring performance confirmation program ends place for the licensing of a potential The petitioners proposed revisions to (i.e., after the time of permanent repository at the YM site. the regulations that provide further closure). The program for post- permanent closure monitoring would The NRC has established a new set of specification to the requirements for the monitoring program to be implemented only occur if the Commission reaches a regulations applicable specifically and positive finding on the amendment for after the repository has been exclusively to a proposed repository at permanent closure. If an amendment for permanently sealed (i.e., post- YM in 10 CFR part 63. The issues raised permanent closure is granted, it is permanent closure). Generally, the by the petitioners were considered in expected that the performance petitioners requested that post- the course of this rulemaking as confirmation program would have permanent closure monitoring provide explained below. However, the provided further information to increase substantive confirmatory information petitioners’ requested amendments were confidence that repository performance regarding long-term repository specifically directed to the provisions is expected to comply with the performance at the time of license contained in 10 CFR part 60, ‘‘Disposal regulations. Post-permanent closure termination, post-permanent closure of High-Level Radioactive Wastes in monitoring is not considered an Geologic Repositories.’’ At the time the monitoring will not degrade repository extension of the confirmation program, petition was filed, these regulations performance, and that minimum but is intended as a more general were applicable to any potential HLW requirements for the description of the program expected to monitor a variety repository that would be sited, monitoring program be established in of conditions (e.g., land-use controls constructed or operated under the the regulation (e.g., parameters to be established under § 63.121(b), NWPA, including one at YM. However, monitored and monitoring devices). The safeguards information, and potential 10 CFR part 60 now has been amended, Commission’s new regulations in 10 release of radionuclides into ground in light of the statutory changes brought CFR part 63 address the petitioners’ water) to ensure public health and about by the 1987 amendments to the concerns in the requirements for a safety is protected. The Commission did NWPA and by the Energy Policy Act of performance confirmation program and not specify details for the post- 1992, to apply to any potential a program for post-permanent closure permanent closure monitoring program repository except one at YM. monitoring. in 10 CFR part 63, as was provided for Although both the performance the performance confirmation program. 2. There is no immediate need for confirmation program and the post- revising 10 CFR part 60 and doing so DOE’s development and NRC review of permanent closure monitoring program the post-permanent closure monitoring would unnecessarily expend limited include monitoring, the Commission Commission resources. program, submitted as part of the considers these two programs to be license amendment for permanent In the rulemaking to establish distinctly different because each closure, will benefit from the results of separate requirements for a repository at program addresses very distinct the performance confirmation program YM, the Commission chose to leave its regulatory periods and decisions. The (anticipated to extend over tens of existing generic requirements intact and performance confirmation program is years). Therefore, the Commission in place. The Commission conducted up to the time of the decision considers the general requirement for a acknowledged that if a need arises to to permanently close the repository. post-permanent closure monitoring apply the existing generic requirements Thus, the performance confirmation program to be appropriate and at 10 CFR part 60, those requirements data is used to inform and increase additional details are neither necessary would need to be revised to account for confidence in the Commission’s nor warranted at this time. As part of a developments in the capability of decision on permanent closure of the license amendment for permanent technical methods for assessing the repository. Objectives and requirements closure [§ 63.51(a)(2)], the details of the performance of a geologic repository. of the performance confirmation post-permanent closure monitoring See 64 FR 8641, 8643; February 22, program are specified in subpart F of program will be subject to regulatory 1999. However, the Commission part 63 that are consistent with the review and the NRC’s licensing process. expressed confidence that it would be petitioners’ recommendations (e.g., the afforded adequate time and resources in performance confirmation program: Institutional Controls future years to amend its generic monitors and evaluates subsurface The petitioners provided additional regulations for any additional repository conditions against design assumptions; text for 10 CFR part 60 that would site that might be authorized. Should it confirms natural and engineered clarify the regulatory approach for become necessary to revise these barriers are functioning as intended and institutional controls. First, the regulations, petitioners would have anticipated; monitors and analyzes petitioners proposed definitions for ample opportunity to suggest changes from the baseline condition of active and passive institutional controls. amendments. Barring such an parameters that could affect repository The Commission agrees with the eventuality, however, there is no performance; and is conducted in a concepts for active and passive immediate need to amend 10 CFR part manner that does not adversely affect institutional controls as proposed by the 60 and doing so would unnecessarily repository performance). When DOE petitioners and has included the expend limited Commission resources. files an application to amend the license essential elements of the petitioner’s
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definitions in 10 CFR part 63. address the issue of the effectiveness of regulations in 10 CFR part 63 require Specifically, 10 CFR part 63 includes a institutional controls to prevent the repository to be comprised of definition for passive institutional breaching of the repository’s engineered multiple barriers (at least one controls (§ 63.302) and provides specific or geologic barriers as a result of human engineered and one natural) and requirements for active institutional intrusion. The NAS concluded that it requires DOE to identify each barrier controls in the regulation. Active was not reasonable to assume that important to waste isolation, describe institutional controls are specific institutional controls will prevent each barrier’s capability to isolate waste, actions required during, and beyond, breaching of the repository’s barriers. and provide the technical basis for each the operational phase of a potential Thus, the NAS recommended a stylized barrier’s capability. In arriving at this repository that are more appropriate as calculation be used to determine approach, the Commission provided a regulatory requirements rather than as whether or not a human intrusion technical basis in the proposed rule for parts of a definition. Specific aspects of would substantially degrade repository 10 CFR part 63 (64 FR 8647; February the petitioner’s proposed definition for performance as an approach to 22, 1999) and considered public ‘‘active institutional control’’ are understand potential impacts to the comments in the final rule for 10 CFR provided in 10 CFR part 63, such as: (1) repository. EPA’s final standards in 40 part 63 (66 FR 55758; November 2, requirements for ownership and control CFR part 197 generally adopted the NAS of interests in land (§ 63.121); (2) approach. Consistent with statute, the 2001). This approach provides the program to control and monitor NRC incorporated the EPA human Commission the information necessary radioactive effluents during operations intrusion standard in 10 CFR part 63. to understand how all components of (§ 63.21); (3) performance confirmation The regulations in 40 CFR part 197 the repository system work together to program (Subpart F); and (4) plans for require DOE to determine the earliest ensure that the repository system is decontamination of surface facilities time after disposal that the waste robust and not wholly dependent on a (§ 63.52). In addition, pursuant to the package would degrade sufficiently that single barrier. The petitioners’ request to Energy Policy Act of 1992, DOE is a stylized human intrusion could occur include additional qualifying words required to provide post-closure without recognition by the drillers. DOE such as ‘‘significantly compensate for oversight to prevent any activity at the must then analyze in a stylized scenario uncertainties’’ are neither necessary nor site that poses an unreasonable risk of the consequences of a potential warranted to ensure the Commission is breaching the repository’s engineered or intrusion into the repository, whether provided sufficient information to make geologic barriers or increasing exposures such intrusion occurs before or after its regulatory decision. of the public beyond allowable limits. A 10,000 years after disposal. EPA noted Siting Criteria detailed description of DOE’s post- in the preamble to its final rule (66 FR closure oversight program is required at 32073, at 32104, June 13, 2001) that The petitioners requested that the § 63.51(a)(3). ‘‘DOE’s waste package performance presence of significant concentrations of Second, the petitioners requested a estimates indicate that a waste package any naturally occurring material not new section be added to 10 CFR part 60 would be recognizable to a driller for at widely available from other sources be clarifying that institutional controls will least thousands of years.’’ The added as a potentially adverse condition not assure compliance beyond 100 years petitioners’ recommendation that to be considered under siting criteria. after disposal, but that passive passive institutional controls could be Siting criteria were provided for in 10 institutional controls may be considered considered in assessing processes and CFR part 60, in part, to provide a basis in assessing the likelihood and events affecting the geologic setting is for comparing different sites. The consequences of processes and events contrary to the NAS determination that regulations in 10 CFR part 63 do not affecting the geologic setting. A more it is not possible to make scientifically restrictive approach for institutional supportable predictions of the contain such criteria because the need controls has been implemented in EPA’s probability that a repository barrier will for siting criteria was removed when the final standards in 40 CFR part 197 and be breached as a result of human Nuclear Waste Policy Amendments Act NRC’s final standards in 10 CFR part 63 intrusion. Consistent with EPA’s directed DOE to characterize a single than was proposed in the petition. DOE standards in 40 CFR part 197, the site. Therefore, the petitioners’ is not allowed to rely on institutional Commission has not included any suggestion is not relevant to 10 CFR part controls to assure compliance and 10 provisions for the use of active or 63. CFR part 63 does not permit passive passive institutional controls to be used Adoption of the Environmental Impact institutional controls to be considered in determining the likelihood of Statement in assessing the likelihood and processes and events. EPA’s and NRC’s consequences of processes and events. final regulations for Yucca Mountain This section of the petition was Both EPA’s approach in 40 CFR part 197 provide further details with regard to reviewed by the Commission and and the Commission’s approach in 10 the adopted approach to human denied in the NRC’s final rule, ‘‘NEPA CFR part 63 are based primarily on intrusion (66 FR 32073, at 32104, June Review Procedures for Geologic recommendations by the National 13, 2001; 66 FR 55732, at 55760, Repositories for High-Level Waste’’ (54 Academy of Sciences (NAS). November 2, 2001). FR 27864; July 3, 1989). In 1992, Congress directed EPA, at Section 801 of the Energy Policy Act of Multiple Barriers For the reasons cited in this 1992, Public Law 102–486 (EnPA), to The petitioners requested document, the NRC denies this petition. contract with the NAS to advise EPA on performance requirements for the Dated at Rockville, Maryland, this 5th day the appropriate technical basis for multiple barrier system of the repository of March, 2002. public health and safety standards specify that each barrier should be For the Nuclear Regulatory Commission. governing the Yucca Mountain designed or selected so that it repository. On August 1, 1995, the NAS complements the others and can Andrew L. Bates, published its report entitled ‘‘Technical significantly compensate for Acting Secretary of the Commission. Bases for Yucca Mountain Standards.’’ uncertainties about the performance of [FR Doc. 02–5763 Filed 3–8–02; 8:45 am] The EnPA specifically asked the NAS to one or more of the other barriers. The BILLING CODE 7590–01–P
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DEPARTMENT OF TRANSPORTATION received on or before the closing date amended by Amendments 23–1 through for comments will be considered by the 23–54 (September 14, 2000). Federal Aviation Administration Administrator. The proposals described (2) Part 34 of the Federal Aviation in this notice may be changed in light Regulations effective September 10, 14 CFR Part 23 of the comments received. All 1990, plus any amendments in effect on [Docket No. CE173; Notice No. 23–01–05– comments received will be available in the date of type certification. SC] the Rules Docket for examination by (3) Part 36 of the Federal Aviation interested persons, both before and after Regulations effective December 1, 1969, Special Conditions: Eclipse Aviation the closing date for comments. A report as amended by Amendment 36–1 Corporation, Model 500 Airplane; summarizing each substantive public through the amendment in effect on the Electronic Engine Control System contact with FAA personnel concerning date of type certification. this rulemaking will be filed in the (4) Noise Control Act of 1972. AGENCY: Federal Aviation docket. Persons wishing the FAA to (5) Special conditions that are not Administration (FAA), DOT. acknowledge receipt of their comments relevant to these proposed special ACTION: Notice of proposed special submitted in response to this notice conditions, if any; conditions. must include with those comments a (6) Exemptions, if any; self-addressed, stamped postcard on (7) Equivalent level of safety findings, SUMMARY: This notice proposes special which the following statement is made: if any; and conditions for Eclipse Aviation ‘‘Comments to Docket No. CE173.’’ The (8) Special conditions adopted by this Corporation, 2503 Clark Carr Loop SE, postcard will be date stamped and rulemaking action. Albuquerque, NM 87106 on the Eclipse returned to the commenter. If the Administrator finds that the Model 500 airplane. This airplane will applicable airworthiness regulations have a novel or unusual design Background (i.e., part 23) do not contain adequate or feature(s) associated with the use of an On July 12, 2001, Eclipse Aviation appropriate safety standards for the electronic engine control system instead Corporation applied for a type Eclipse Model 500 airplane because of of a traditional mechanical control certificate for their Model 500 airplane. a novel or unusual design feature, system. The applicable airworthiness The Eclipse Model 500 airplane special conditions are prescribed under regulations do not contain adequate or design includes digital electronic engine the provisions of § 21.16. appropriate safety standards for this control systems, which were not Special conditions, as appropriate, as design feature. These proposed special envisaged and are not adequately defined in § 11.19, are issued in conditions contain the additional safety addressed in 14 CFR part 23. The accordance with § 11.38 after public standards that the Administrator applicable existing regulations do not notice and become part of the type considers necessary to establish a level address electronic control systems since certification basis in accordance with of safety equivalent to that established those were not envisioned at the time. § 21.17(a)(2). by the existing airworthiness standards. Even though the engine control system Special conditions are initially DATES: Comments must be received on will be certificated as part of the engine, applicable to the model for which they or before April 10, 2002. the installation of an engine with an are issued. Should the type certificate electronic control system requires ADDRESSES: Comments on this proposal for that model be amended later to may be mailed in duplicate to: Federal evaluation due to the possible effects on include any other model that Aviation Administration, Regional or by other airplane systems (e.g., radio incorporates the same novel or unusual Counsel, Attention: Rules Docket No. interference with other airplane design feature, the special conditions CE173, 901 Locust, Room 506, Kansas electronic systems, shared engine and would also apply to the other model City, Missouri 64106; or delivered in airplane power sources). The regulatory under the provisions of § 21.101. requirements were not applicable to duplicate to the Regional Counsel at the Novel or Unusual Design Features above address. Comments must be sysems certificated as part of the engine The Eclipse Model 500 airplane will marked: Docket No. CE173. Comments (ref. § 23.1309(f)(1)). Also, electronic incorporate the following novel or may be inspected in the Rules Docket control systems often require inputs unusual design features: Digital weekdays, except Federal holidays, from airplane data and power sources electronic engine control systems. This between 7:30 a.m. and 4 p.m. and outputs to other airplane systems. Although the parts of the system that are notice proposes a special condition for FOR FURTHER INFORMATION CONTACT: Mr. not certificated with the engine could be a digital electronic engine control Ervin Dvorak, Federal Aviation evaluated using the criteria of § 23.1309, system on the Eclipse Model 500 Administration, Aircraft Certification the integral nature of systems such as airplane. Service, Small Airplane Directorate, these makes it unfeasible to evaluate the Applicability ACE–111, 901 Locust Street, Kansas airplane portion of the system without City, Missouri, 816–329–4123, fax 816– including the engine portion of the As discussed above, these special 329–4090. system. However, § 23.1309(f)(1) again conditions are applicable to the Eclipse SUPPLEMENTARY INFORMATION: prevents complete evaluation of the Model 500 airplane. Should Eclipse Aviation Corporation apply at a later Comments Invited installed airplane system since evaluation of the engine system’s effects date for a change to the type certificate Interested persons are invited to is not required. to include another model incorporating participate in the making of these the same novel or unusual design proposed special conditions by Type Certification Basis feature, the special conditions would submitting such written data, views, or Under the provisions of 14 CFR apply to that model as well under the arguments as they may desire. § 21.17, Eclipse Aviation Corporation provisions of § 21.101. Communications should identify the must show that the Eclipse Model 500 Conclusion regulatory docket or notice number and airplane meets the following: be submitted in duplicate to the address (1) Applicable provisions of 14 CFR This action affects only certain novel specified above. All communications part 23, effective December 18, 1964, as or unusual design features on one model
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of airplanes. It is not a rule of general No. 222 airplane. This airplane will Background applicability, and it affects only the have a novel or unusual design applicant who applied to the FAA for feature(s) associated with structural On January 28, 2001, CAP Aviation approval of these features on the design and loads criteria. The applicable applied for a type certificate for their airplane. airworthiness regulations do not contain new Model CAP 222. The CAP 222 is a adequate or appropriate safety standards two-place tandem seat, all carbon fiber List of Subjects in 14 CFR Part 23 for this design feature. These proposed composite made (wing and fuselage) Aircraft, Aviation safety, Signs and special conditions contain the low wing with no high lift devices. It is symbols. additional safety standards that the a fixed gear, unpressurized MTOW 1,600 pound airplane with aerobatic Citation Administrator considers necessary to establish a level of safety equivalent to capabilities from ¥10g to +10g and a The authority citation for these that established by the existing roll rate of 500 degrees per second. A special conditions is as follows: airworthiness standards. single 200 horsepower Textron- Authority: 49 U.S.C. 106(g), 40113 and DATES: Comments must be received on Lycoming AEIO–360–A1E engine and 44701; 14 CFR 21.16 and 21.17; and 14 CFR or before July 9, 2002. two-bladed MT propeller, type MTV– 11.38 and 11.19. ADDRESSES: Comments on this proposal 12–B–C/C–183–17e, comprise the propulsion system. The Proposed Special Conditions may be mailed in duplicate to: Federal Aviation Administration, Regional Since the airplane is designed for high Accordingly, the Federal Aviation Counsel, ACE–7, Attention: Rules performance acrobatic maneuvers with a Administration (FAA) proposes the Docket, Docket No. CE166, 901 Locust, design flight envelope of +10g, special following special conditions as part of Room 506, Kansas City, Missouri 64106, conditions are required to address the the type certification basis for the or delivered in duplicate to the Regional expanded flight envelope. Current 14 Eclipse Aviation Corporation Model Counsel at the above address. CFR Part 23 acrobatic category design 500, airplane. Comments must be marked: Docket No. requires that the flight envelope shall 1. Electronic Engine Control System CE166. Comments may be inspected in not be less than +6.0g, ¥3.0g. the Rules Docket weekdays, except The installation of the electronic Federal holidays, between 7:30 a.m. and Type Certification Basis engine control system must comply 4 p.m. with the requirements of § 23.1309(a) Under the provisions of 14 CFR FOR FURTHER INFORMATION CONTACT: through (e) at Amendment 23–49. The Mr. § 21.17, § 21.29, and § 21.183(c), CAP intent of this requirement is not to re- Mike Reyer, Federal Aviation Aviation must show that the CAP Model evaluate the inherent hardware Administration, Aircraft Certification 222 meets the applicable provisions of reliability of the control itself, but rather Service, Small Airplane Directorate, part 23, as amended by Amendments determine the effects, including ACE–111, 901 Locust, Kansas City, 23–1 through 23–53; 14 CFR part 36, environmental effects addressed in Missouri, 816–329–4131, fax 816–329– effective December 1, 1969, including § 23.1309(e), on the airplane systems 4090. amendments 36–1 through the and engine control system when SUPPLEMENTARY INFORMATION: amendment effective on the date of type certification. In addition, the installing the control on the airplane. Comments Invited When appropriate, engine certification certification basis includes exemptions, data may be used when showing Interested persons are invited to if any, equivalent level of safety compliance with this requirement. participate in the making of these findings, if any, and the special proposed special conditions by conditions adopted by this rulemaking Issued in Kansas City, Missouri on submitting such written data, views, or February 21, 2002. action. arguments as they may desire. Michael Gallagher, If the Administrator finds that the Communications should identify the applicable airworthiness regulations Manager, Small Airplane Directorate, Aircraft regulatory docket or notice number and Certification Service. (i.e., part 23) do not contain adequate or be submitted in duplicate to the address appropriate safety standards for the CAP [FR Doc. 02–5811 Filed 3–8–02; 8:45 am] specified above. All communications BILLING CODE 4910–13–U Model 222 because of a novel or received on or before the closing date unusual design feature, special for comments will be considered by the conditions are prescribed under the Administrator. The proposals described provisions of § 21.16. DEPARTMENT OF TRANSPORTATION in this notice may be changed in light Special conditions, as appropriate, Federal Aviation Administration of the comments received. All comments received will be available in become part of the type certification basis in accordance with § 21.17(a)(2). 14 CFR Part 23 the Rules Docket for examination by interested persons, both before and after Special conditions are initially [Docket No. CE166; Notice No. 23–01–03– the closing date for comments. A report applicable to the model for which they SC] summarizing each substantive public are issued. Should the type certificate contact with FAA personnel concerning for that model be amended later to Special Conditions: CAP Aviation, this rulemaking will be filed in the include any other model that Model CAP 222; Structural Design & docket. Persons wishing the FAA to incorporates the same novel or unusual Loads Criteria acknowledge receipt of their comments design feature, the special conditions would also apply to the other model AGENCY: Federal Aviation submitted in response to this notice Administration (FAA), DOT. must include with those comments a under the provisions of § 21.101(a)(1). ACTION: Notice of proposed special self-addressed, stamped postcard on Novel or Unusual Design Features conditions. which the following statement is made: ‘‘Comments to CE166.’’ The postcard The CAP Model 222 will incorporate SUMMARY: This notice proposes special will be date stamped and returned to the the following novel or unusual design conditions for the CAP Aviation Model commenter. features:
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Structural Design and Loads Criteria certificate to include another model simultaneous application of full rudder An analysis of world championship incorporating the same novel or unusual and elevator input. acrobatic sequences shows a significant design feature, the special conditions 3. Gyroscopic Forces. The airplane, number of occurrences of high load would apply to that model as well including the engine, engine mount, and factors up to ±10g. under the provisions of § 21.101(a)(1). fuselage attachment, must be designed for rational gyroscopic forces generated Wing Conclusion in acrobatic maneuvers. For airplanes capable of performing This action affects only certain novel 4. Fatigue. Representative acrobatic ‘‘flick rolls’’ (snap rolls), the wing or unusual design features on the CAP sequences and cross-country flight should be designed for 100/0 percent Model 222 airplane. It is not a rule of profiles must be used in establishing a maximum wing load distribution, in general applicability, and it affects only rational fatigue load spectrum. addition to the roll maneuver criteria of the applicant who applied to the FAA Issued in Kansas City, Missouri on § 23.349(b), unless lower values can be for approval of these features on the February 21, 2002. substantiated. These load conditions are airplane. Michael Gallagher, based on a VA and Cr max corresponding List of Subjects in 14 CFR Part 23 Manager, Small Airplane Directorate, Aircraft to the selected positive 10g design load Certification Service. factor. Unbalanced aerodynamic Aircraft, Aviation safety, Signs and [FR Doc. 02–5812 Filed 3–8–02; 8:45 am] moments about the center of gravity symbols. BILLING CODE 4910–13–U must be reacted in a rational or Citation conservative manner, considering the principal masses furnishing the reacting The authority citation for these DEPARTMENT OF TRANSPORTATION inertia forces. Furthermore, special conditions is as follows: consideration should be given to the fact Authority: 49 U.S.C. 106(g), 40113 and Federal Aviation Administration that pilots may make significant aileron 44701; 14 CFR 21.16 and 21.17; and 14 CFR control input above VA; therefore, a 11.28 and 11.29(b). 14 CFR Part 39 warning prohibiting unrestricted control The Proposed Special Conditions [Docket No. 92–ANE–56–AD] system input above VA should be included in the Pilot Operating Accordingly, the Federal Aviation RIN 2120–AA64 Handbook/Airplane Flight Manual Administration (FAA) proposes the Airworthiness Directives; Textron (POH/AFM) and on a cockpit placard. following special conditions as part of Lycoming Division, AVCO Corporation the type certification basis for CAP Empennage Fuel Injected Reciprocating Engines Model 222 airplanes. For airplanes capable of performing AGENCY: Structural Design and Loads Criteria Federal Aviation ‘‘flick rolls’’ (snap rolls), the empennage Administration, DOT. should be designed for 100/0 percent 1. Wing. For the ‘‘flick roll’’ condition ACTION: Notice of proposed rulemaking maximum load distribution unless in § 23.347(b), a 100/0 percent wing (NPRM). lower values can be substantiated. The load distribution should be used for use of rational flight test results is wing design. Accurate flight test load SUMMARY: This document proposes the preferred as a basis for design. Pilots measurements may be used in lieu of supersedure of an existing airworthiness may make significant rudder and the 100/0 percent maximum airload directive (AD), applicable to certain elevator controls inputs above VA, distribution. A notation shall be placed Textron Lycoming fuel injected therefore, adequate pilot warnings such in the Limitations Section of the POH/ reciprocating engines, that currently as discussed above are necessary. AFM, and an appropriate warning requires inspection, and replacement if Rational chord load distributions placard shall be installed on the main necessary, of externally mounted fuel should be used for the vertical and instrument panel prohibiting full or injector fuel lines. Since the issuance of horizontal tail surfaces. These may be abrupt control inputs above VA. the existing AD, additional engine series developed by flight test data, wind 2. Empennage. The horizontal tail and have been identified with the potential tunnel test data, theoretical analysis, or its attachments to the fuselage, and the for the same problem and necessitate a combination thereof. aft fuselage must be designed for the being included in the list of Textron Gyroscopic Forces worst case load condition using either Lycoming fuel injected reciprocating engine series, to the AD’s applicability. Since the airplane will be performing accurate flight test load measurements or an acceptable analytical method. This proposal is prompted by the need maneuvers that generate high pitch and to ensure that the additional Textron yaw rates, the airplane, including the Unsymmetrical load combinations acting on the wing and on the horizontal Lycoming fuel injected engine series engine, engine mount, and fuselage listed in this proposed rule receive the attachment, must be designed for tail are assumed to be turning the airplane in the same direction around same inspections as series covered by rational gyroscopic forces generated in the current AD. The actions specified by specific acrobatic maneuvers. the roll axis. A notation shall be placed in the limitation section of the POH/ the proposed AD are intended to Fatigue AFM, and an appropriate warning prevent failure of the fuel injector fuel lines allowing fuel to spray into the The fatigue load should be developed placard shall be installed on the main engine compartment, resulting in an from representative sequences and cross instrument panel prohibiting full or engine fire. country flight profiles. abrupt control inputs above VA. Rational chord load distributions should be used DATES: Comments must be received by Applicability for the vertical and horizontal tail May 10, 2002. As discussed above, these special surfaces. Appropriate data must be used ADDRESSES: Submit comments to the conditions are applicable to the Model to develop unsymmetrical loading of the Federal Aviation Administration (FAA), CAP 222. Should CAP Aviation apply at horizontal tail surface and as a basis for New England Region, Office of the a later date for a change to the type fuselage torsion. This must include Regional Counsel, Attention: Rules
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Docket No. 92–ANE–56–AD, 12 New FAA, New England Region, Office of the accordance with the service bulletin England Executive Park, Burlington, MA Regional Counsel, Attention: Rules described previously. 01803–5299. Comments may also be Docket No. 92–ANE–56–AD, 12 New Economic Analysis sent via the Internet using the following England Executive Park, Burlington, MA address: ‘‘[email protected]’’. 01803–5299. There are about 4,160 engines of the Comments sent via the Internet must affected design in the worldwide fleet. contain the docket number in the Discussion The FAA estimates that 2,496 engines subject line. Comments may be On June 5, 1992, the FAA issued a installed on aircraft of U.S. registry inspected at this location between 8 priority letter AD 92–12–10, applicable would be affected by this proposed AD, a.m. and 4:30 p.m., Monday through only to Textron Lycoming Series TIO– that it would take about 1 work hour to Friday, except Federal holidays. The 540–S1AD engines, which requires inspect and replace all lines on a four- service information referenced in the inspecting, and if necessary, replacing cylinder engine, 1.5 work hours to proposed rule may be obtained from the externally mounted fuel injector fuel inspect and replace all lines on a six- Textron Lycoming, 652 Oliver Street, lines. The FAA subsequently cylinder engine, and 2 hours to inspect Williamsport, PA 17701, telephone: determined that similar externally and replace all lines on an eight- (570) 323–6181. This information may mounted fuel injector fuel line cylinder engine, and that the average be examined at the FAA, New England configurations existed on other Textron labor rate is $60 per work hour. Region, Office of the Regional Counsel, Lycoming fuel injected engines. Since Required parts would cost about 12 New England Executive Park, an unsafe condition was identified that $440.00 for a four-cylinder engine, Burlington, MA. was likely to exist or develop on other $660.00 for a six-cylinder engine, and FOR FURTHER INFORMATION CONTACT: Textron Lycoming engines of the same $880.00 for an eight-cylinder engine. Norman Perenson, Aerospace Engineer, type design, the FAA issued AD 93–02– Based on these figures, the total cost per New York Aircraft Certification Office, 05, Amendment 39–8487 (58 FR 26056, airplane of the proposed AD on U.S. FAA, Engine and Propeller Directorate, dated April 30, 1993), to require operators is estimated as follows: • 10 Fifth Street, 3rd floor, Valley Stream, inspecting, and if necessary replacing, $500.00 for a four-cylinder engine. NY 11581–1200; telephone: (516) 256– • $750.00 for a six-cylinder engine. the fuel injector fuel lines. That action • 7537, fax: (516) 568–2716. was prompted by reports of failures of $1000.00 for an eight-cylinder SUPPLEMENTARY INFORMATION: fuel injector fuel lines that were missing engine. Comments Invited support clamps. The requirements of Regulatory Analysis that AD were intended to prevent failure This proposal does not have Interested persons are invited to of the fuel injector fuel lines allowing federalism implications, as defined in participate in the making of the fuel to spray into the engine Executive Order 13132, because it proposed rule by submitting such compartment, resulting in an engine would not have a substantial direct written data, views, or arguments as fire. effect on the States, on the relationship they may desire. Communications Since that AD was issued, the FAA should identify the Rules Docket between the national government and has identified models AEIO–320, AIO– the States, or on the distribution of number and be submitted to the address 320, IO–320, LIO–320, AEIO–360, AIO– specified above. All communications power and responsibilities among the 360, HIO–360, IO–360, IVO–360, LIO– various levels of government. received on or before the closing date 360, TIO–360, IGO–480, AEIO–540, for comments, specified above, will be Accordingly, the FAA has not consulted IGO–540, IO–540, IVO–540, LTIO–540, considered before taking action on the with state authorities prior to TIO–540, TIVO–540, and IO–720 series proposed rule. The proposals contained publication of this proposal. engines that require inspecting, and if in this action may be changed in light For the reasons discussed above, I necessary replacing externally mounted of the comments received. certify that this proposed regulation (1) Comments are specifically invited on fuel lines. is not a ‘‘significant regulatory action’’ the overall regulatory, economic, Service Information under Executive Order 12866; (2) is not environmental, and energy aspects of a ‘‘significant rule’’ under the DOT the proposed rule. All comments The FAA has reviewed and approved Regulatory Policies and Procedures (44 submitted will be available, both before the technical contents of Textron FR 11034, February 26, 1979); and (3) if and after the closing date for comments, Lycoming Mandatory Service Bulletin promulgated, will not have a significant in the Rules Docket for examination by (MSB) No. 342D, dated July 10, 2001, economic impact, positive or negative, interested persons. A report that describes procedures for inspecting, on a substantial number of small entities summarizing each FAA-public contact and if necessary replacing the fuel under the criteria of the Regulatory concerned with the substance of this injector fuel lines. Textron Lycoming Flexibility Act. A copy of the draft proposal will be filed in the Rules MSB No. 342D supersedes Textron regulatory evaluation prepared for this Docket. Lycoming MSB No. 342C, MSB No. action is contained in the Rules Docket. Commenters wishing the FAA to 342B, Supplement No. 1 to MSB 342B, A copy of it may be obtained by acknowledge receipt of their comments MSB 342A, and MSB 342. contacting the Rules Docket at the submitted in response to this action Proposed Actions location provided under the caption must submit a self-addressed, stamped ADDRESSES. postcard on which the following Since an unsafe condition has been statement is made: ‘‘Comments to identified that is likely to exist or List of Subjects in 14 CFR Part 39 Docket Number 92–ANE–56–AD.’’ The develop on other Textron Lycoming Air transportation, Aircraft, Aviation postcard will be date stamped and engines of this same type design, the safety, Safety. returned to the commenter. proposed AD would supersede AD 93– 02–05 to add additional Textron The Proposed Amendment Availability of NPRM’s Lycoming engine models to the Accordingly, pursuant to the Any person may obtain a copy of this applicability of the AD. The actions authority delegated to me by the NPRM by submitting a request to the would be required to be done in Administrator, the Federal Aviation
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Administration proposes to amend part TABLE 1.—ENGINE MODELS Compliance 39 of the Federal Aviation Regulations AFFECTED—Continued Required as indicated, unless already done. (14 CFR part 39) as follows: To prevent failure of the fuel injector fuel Engine Model lines allowing fuel to spray into the engine PART 39—AIRWORTHINESS compartment, resulting in an engine fire, do DIRECTIVES IO–540 ..... –A1A5, –AA1A5, –AA1B5, the following: 1. The authority citation for part 39 –AB1A5, –AC1A5, –B1A5, Engines That Have Been Previously –B1C5, –C1B5, –C4B5, Inspected continues to read as follows: –C4D5D, –D4A5, –E1A5, (a) For engines that have been inspected in Authority: 49 U.S.C. 106(g), 40113, 44701. –E1B5, –G1A5, –G1B5, accordance with Textron Lycoming –G1C5, –G1D5, –G1E5, Mandatory Service Bulletin (MSB) No. 342, § 39.13 [Amended] –G1F5, –J4A5, –V4A5D, Textron Lycoming MSB No. 342A, Textron 2. Section 39.13 is amended by –K1A5, –KIA5D, –KIB5, Lycoming MSB No. 342B, Supplement No. 1 removing Amendment 39–8487 (58 –KIC5, –KID5, –K1E5, to MSB No. 342B, and Textron Lycoming 26056, April 30, 1993), and by adding –K1E5D, –KIF5, –K1J5, MSB No. 342C, inspect in accordance with a new airworthiness directive, to read as –KIF5D, –K1G5, –K1G5D, paragraph (c) of this AD. follows: –K1H5, –K1J5D, –K1K5, Engines That Have Not Been Inspected –K1E5, –K1E5D, –K1F5, Textron Lycoming Division, AVCO –K1J5, –L1C5, –M1A5, (b) For engines that have not had initial Corporation Docket No. 92–ANE–56– inspections previously done in accordance –M1B5D, –N1A5, –P1A5, AD. Supersedes AD 93–02–05, with Textron Lycoming MSB No. 342, Amendment 39–8487. –R1A5, –S1A5, –T4A5D, Textron Lycoming MSB No. 342A, Textron –T4B5, –T4B5D, –T4C5D, Lycoming MSB No. 342B, Supplement No. 1 Applicability –V4A5, –V4A5D, –W1A5D, to MSB No. 342B, and Textron Lycoming Textron Lycoming fuel injected –W3A5D MSB No. 342C, inspect in accordance with reciprocating engines incorporating Textron Lycoming MSB No. 342D, dated July externally mounted fuel injection lines as IVO–540 .. –A1A 10, 2001 as follows: listed in the following Table 1: (1) For engines that have not yet had any LTIO–540 –F2BD, –J2B, –J2BD, –N2BD, fuel line maintenance done, or have not had TABLE 1.—ENGINE MODELS AFFECTED –R2AD, –U2A, –V2AD, –W2A any fuel line maintenance done since the last overhaul, inspect within 50 hours time-in- Engine Model TIO–540 .. –A1A, –A1B, –A2A, –A2B, service after the effective date of this AD, and –A2C, –AE2A, –AH1A, replace as necessary, the fuel injector fuel AEIO–320 –D1B, –D2B, –E1B, –E2B –AA1AD, –AF1A, –AF1B, lines and clamps between the fuel manifold –AG1A, –AB1AD, –AB1BD, and the fuel injector nozzles that do not meet AIO–320 .. –A1B, –BIB, –C1B –AH1A, –AJ1A, –AK1A, –C1A, all conditions specified in Textron Lycoming –E1A, –G1A, –F2BD, –J2B, MSB No. 342D, dated July 10, 2001. IO–320 ..... –B1A, –B1C, –C1A, –D1A, –J2BD, –N2BD, –R2AD, (2) For all other engines, inspect within 10 hours time-in-service after the effective date –D1B, –E1A, –E1B, –E2A, –S1AD, –U2A, –V2AD, –W2A –E2B of this AD, and replace as necessary, the fuel injector fuel lines and clamps between the TIVO–540 –A2A LIO–320 ... –B1A, –C1A fuel manifold and the fuel injector nozzles that do not meet all conditions specified in IO–720 ..... –A1A, –A1B, –D1B, –D1BD, AEIO–360 –A1A, –A1B, –A1B6, –A1D, Textron Lycoming MSB No. 342D, dated July –D1C, –D1CD, –B1B, –B1BD, 10, 2001. –A1E, –A1E6, –B1F, –B2F, –C1B –B1G6, –B4A, –H1A, –H1B Repetitive Inspections Engine models in Table 1 are installed on, (c) Thereafter, at each annual inspection, at AIO–360 but not limited to Piper PA–24 Comanche, each 100-hour inspection, at each engine –A1A, PA–30 and PA–39 Twin Comanche, PA–28 overhaul, and after any maintenance has –A1B, Arrow, and PA–23 Aztec; Beech 23 been done on the engine where the fuel –B1B. Musketeer; Mooney 20, and Cessna 177 injector fuel lines have been disconnected, Cardinal aircraft. moved, or loosened, inspect the fuel injector HIO–360 .. –A1A, –A1B, –B1A, –C1A, fuel lines and clamps and replace as –C1B, –D1A, –E1AD, E1BD, Note 1: This AD is applicable to engines necessary any fuel injector fuel line and –F1AD with an ‘‘I’’ in the prefix of the model clamp that does not meet all conditions designation that have externally mounted specified in Textron Lycoming MSB No. IO–360 ..... –A1A, –A1B, –A1B6, –A1B6D, fuel injection lines. This AD is not applicable 342D, dated July 10, 2001. –A1C, –A1D, –A1D6, –A2A, to engines having internally mounted fuel –A2B, –A3B6, –A3B6D, –B1B, injection lines, which are not accessible. Alternative Methods of Compliance –B1D, –B1E, –B1F, –B1G6, Note 2: This airworthiness directive (AD) (d) An alternative method of compliance or adjustment of the compliance time that –B2F, –B2F6, –B4A, –C1A, applies to each engine identified in the –C1B, –C1C, –C1C6, –C1D6, provides an acceptable level of safety may be preceding applicability provision, regardless used if approved by the Manager, New York –C1E6, –C1F, –C1G6, of whether it has been modified, altered, or –C2G6, –J1A6D, –L2A, –M1A, Aircraft Certification Office (ACO). Operators repaired in the area subject to the must submit their request through an requirements of this AD. For engines that IVO–360 .. –A1A appropriate FAA Principal Maintenance have been modified, altered, or repaired so Inspector, who may add comments and then LIO–360 ... –C1E6 that the performance of the requirements of send it to the Manager, New York ACO. this AD is affected, the owner/operator must Note 3: Information concerning the TIO–360 .. –A1B, –C1A6D request approval for an alternative method of existence of approved alternative methods of compliance in accordance with paragraph (d) compliance with this airworthiness directive, IGO–480 .. –A1B6 of this AD. The request should include an if any, may be obtained from the New York assessment of the effect of the modification, ACO. AEIO–540 –D4A5, –D4B5, –D4D5, –L1B5, alteration, or repair on the unsafe condition –L1B5D, –L1D5 addressed by this AD; and, if the unsafe Special Flight Permits condition has not been eliminated, the (e) Special flight permits may be issued in IGO–540 .. –B1A, –B1C request should include specific proposed accordance with §§ 21.197 and 21.199 of the actions to address it. Federal Aviation Regulations (14 CFR 21.197
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and 21.199) to operate the aircraft to a Microsoft Work 97 for Windows or upper diagonal support tubes intersect location where the requirements of this AD ASCII text. on the left hand side of the fuselage can be done. You may get service information that frame just forward of the vertical fin Issued in Burlington, Massachusetts, on applies to this proposed AD from Air front spar attachment point on Model March 1, 2002. Tractor, Incorporated, P.O. Box 485, AT–602 airplanes. The crack starts at Mark C. Fulmer, Olney, Texas 76374. You may also view the forward edge of the weld where the Acting Manager, Engine and Propeller this information at the Rules Docket at tubes come together. We have Directorate, Aircraft Certification Service. the address above. determined that the cracks are a result [FR Doc. 02–5691 Filed 3–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: of high vertical tail loads during BILLING CODE 4910–13–U Andrew D. McAnaul, Aerospace repeated hard turns. The cracks were Engineer, FAA, Fort Worth Airplane found by the pilot and/or ground crew Certification Office, 2601 Meacham when they noticed excessive movement DEPARTMENT OF TRANSPORTATION Boulevard, Fort Worth, Texas 76193– in the empennage due to the loss of 0150; telephone: (817) 222–5156; torsional rigidity. Federal Aviation Administration facsimile: (817) 222–5960. What Are the Consequences if the SUPPLEMENTARY INFORMATION: 14 CFR Part 39 Condition Is Not Corrected? Comments Invited [Docket No. 2002–CE–03–AD] This condition, if not corrected, could How Do I Comment on This Proposed cause the fuselage to fail. Such failure RIN 2120–AA64 AD? could result in loss of control of the airplane. Airworthiness Directives; Air Tractor, The FAA invites comments on this Inc. Model AT–602 Airplanes proposed rule. You may submit Is There Service Information That whatever written data, views, or Applies to This Subject? AGENCY: Federal Aviation arguments you choose. You need to Air Tractor has issued the following: Administration, DOT. include the rule’s docket number and ACTION: Notice of proposed rulemaking submit your comments to the address —Snow Engineering Co. Service Letter #195, dated February 4, 2000; (NPRM). specified under the caption ADDRESSES. —Snow Engineering Co. Service Letter We will consider all comments received SUMMARY: #213, dated November 13, 2001; This document proposes to on or before the closing date. We may —Snow Engineering Co. Process adopt a new airworthiness directive amend this proposed rule in light of Specification #102, Revised January 5, (AD) that would apply to certain Air comments received. Factual information 2001; Tractor, Inc. (Air Tractor) Model AT– that supports your ideas and suggestions 602 airplanes. This proposed AD would —Snow Engineering Co. Process is extremely helpful in evaluating the Specification #120, Revised December require you to repetitively inspect the effectiveness of this proposed AD action left hand upper longeron and upper 16, 1997; and and determining whether we need to —Snow Engineering Co. Process diagonal tube of the fuselage frame for take additional rulemaking action. cracks and repair any cracks found. This Specification #125, dated November proposed AD would also require Are There Any Specific Portions of This 28, 1993. eventual modification of this area to Proposed AD I Should Pay Attention to? What Are the Provisions of This Service terminate the repetitive inspection. This The FAA specifically invites Information? proposed AD is the result of reports of comments on the overall regulatory, These service bulletins include excessive movement in the empennage economic, environmental, and energy procedures for: due to the loss of fuselage torsional aspects of this proposed rule that might rigidity. The actions specified by this suggest a need to modify the rule. You —Repetitively inspecting the upper proposed AD are intended to prevent may view all comments we receive longeron and upper diagonal tube on failure of the fuselage caused by cracks. before and after the closing date of the the left hand side of the aft fuselage Such failure could result in loss of rule in the Rules Docket. We will file a structure for cracks; and control of the airplane. report in the Rules Docket that —Modifying this area by installing DATES: The Federal Aviation summarizes each contact we have with reinforcement parts. Administration (FAA) must receive any the public that concerns the substantive The FAA’s Determination and an comments on this proposed rule on or parts of this proposed AD. Explanation of the Provisions of This before May 10, 2002. How Can I Be Sure FAA Receives My Proposed AD ADDRESSES: Submit comments to FAA, Comment? What Has FAA Decided? Central Region, Office of the Regional Counsel, Attention: Rules Docket No. If you want FAA to acknowledge the After examining the circumstances 2002–CE–03–AD, 901 Locust, Room receipt of your comments, you must and reviewing all available information 506, Kansas City, Missouri 64106. You include a self-addressed, stamped related to the incidents described above, may view any comments at this location postcard. On the postcard, write we have determined that: between 8 a.m. and 4 p.m., Monday ‘‘Comments to Docket No. 2002–CE–03– —The unsafe condition referenced in through Friday, except Federal holidays. AD.’’ We will date stamp and mail the this document exists or could develop You may also send comments postcard back to you. on other Air Tractor Model AT–602 electronically to the following address: Discussion airplanes of the same type design; 9–ACE–7–[email protected]. Comments —The actions specified in the sent electronically must contain What Events Have Caused This previously-referenced service ‘‘Docket No. 2002–CE–03–AD’’ in the Proposed AD? information should be accomplished subject line. If you send comments The FAA has received reports of three on the affected airplanes; and electronically as attached electronic occurrences where cracks were found —AD action should be taken in order to files, the files must be formatted in on the left hand upper longeron and correct this unsafe condition.
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What Would This Proposed AD Require? design in the upper longeron in the aft Cost Impact fuselage structure. However, we have This proposed AD would require you How Many Airplanes Would This not received any reports of damage to to repetitively inspect the upper Proposed AD Impact? longeron and upper diagonal tube on this area on those airplanes. The only the left hand side of the aft fuselage reports of damage are those previously We estimate that this proposed AD structure for cracks, repair any cracks referenced on the Model AT–602 affects 91 airplanes in the U.S. registry. found, and modifying this area by airplanes. installing reinforcement parts. What Would Be the Cost Impact of This Air Tractor is currently researching Proposed AD on Owners/Operators of Why Are the Air Tractor AT–400, AT– this subject on the AT–400, AT–500, the Affected Airplanes? 500, and AT–800 Series Airplanes Not and AT–800 series airplanes. Based on Included in This Proposed AD? this research and if justified, we may We estimate the following costs to The Air Tractor AT–400, AT–500, and propose additional rulemaking on this accomplish the proposed inspection(s): AT–800 series airplanes have a similar subject for these other airplanes.
Total cost per Total cost on U.S. Labor cost Parts cost airplane operators
1 workhour × $60 = $60 ...... No parts required ...... $60 $60 × 91 = $5,460
We estimate the following costs to accomplish the proposed modification:
Total cost per Labor cost Parts cost airplane
8 workhours × $60 = $480 ...... Manufacturer will provide parts at no charge ...... $480
Regulatory Impact on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. under the criteria of the Regulatory Would This Proposed AD Impact Flexibility Act. A copy of the draft § 39.13 [Amended] Various Entities? regulatory evaluation prepared for this 2. FAA amends § 39.13 by adding a The regulations proposed herein action has been placed in the Rules new airworthiness directive (AD) to would not have a substantial direct Docket. A copy of it may be obtained by read as follows: effect on the States, on the relationship contacting the Rules Docket at the between the national government and location provided under the caption Air Tractor, Inc.: Docket No. 2002–CE–03– the States, or on the distribution of ADDRESSES. AD. power and responsibilities among the (a) What airplanes are affected by this AD? List of Subjects in 14 CFR Part 39 various levels of government. Therefore, This AD affects Model AT–602 airplanes, it is determined that this proposed rule Air transportation, Aircraft, Aviation serial numbers 602–0337 through 602–0569, would not have federalism implications safety, Safety. that are certificated in any category. under Executive Order 13132. (b) Who must comply with this AD? The Proposed Amendment Anyone who wishes to operate any of the Would This Proposed AD Involve a Accordingly, under the authority airplanes identified in paragraph (a) of this Significant Rule or Regulatory Action? delegated to me by the Administrator, AD must comply with this AD. For the reasons discussed above, I the Federal Aviation Administration (c) What problem does this AD address? certify that this proposed action (1) is proposes to amend part 39 of the The actions specified by this AD are intended not a ‘‘significant regulatory action’’ Federal Aviation Regulations (14 CFR to prevent failure of the empennage caused under Executive Order 12866; (2) is not part 39) as follows: by cracks. Such failure could result in loss a ‘‘significant rule’’ under DOT of control of the airplane. PART 39—AIRWORTHINESS (d) What actions must I accomplish to Regulatory Policies and Procedures (44 DIRECTIVES FR 11034, February 26, 1979); and (3) if address this problem? To address this promulgated, will not have a significant 1. The authority citation for part 39 problem, you must accomplish the following: economic impact, positive or negative, continues to read as follows:
Actions Compliance Procedures
(1) Inspect the upper longeron and upper di- Initially inspect within the next 50 hours time- In accordance with Snow Engineering Co. agonal tube on the left hand side of the fuse- in-service (TIS) after the effective date of Service Letter #195, dated February 4, lage frame, just forward of the vertical fin this AD and thereafter at intervals not to ex- 2000, and applicable maintenance manual. front spar attachment, for cracks. ceed 100 hours TIS until 12 months after the effective date of this AD.
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Actions Compliance Procedures
(2) If cracks are found during any inspection re- Prior to further flight after the inspection in In accordance with the repair scheme ob- quired in paragraph (d)(1) of this AD, accom- which the cracks are found. The incorpora- tained from Air Tractor, Incorporated, P.O. plish the following:. tion of the repair scheme will terminate the Box 485, Olney, Texas 76374. Obtain this (i) Obtain a repair scheme from the manufac- repetitive inspections. repair scheme through the FAA at the ad- turer through the FAA at the address speci- dress specified in paragraph (f) of this AD. fied in paragraph (f) of this AD; and (ii) Incorporate this repair scheme
(3) If no cracks were found during any inspec- Within the next 12 calendar months after the In accordance with Snow Engineering Co. tion required in paragraph (d)(1) of this AD, effective date of this AD. You may install Service Letter #213, dated November 13, accomplish the following:. the reinforcement gussets at any time to 2001, Snow Engineering Co. Process Spec- (i) Inspect as required in paragraph (d)(1) to terminate the repetitive inspections provided ification #102, revised January 5, 2001, ensure there are no cracks; and that you inspect prior to installation and no Snow Engineering Co. Process Specifica- (ii) Install gusset part numbers 11946–1 and cracks are found. tion #120, revised December 16, 1997, and 11686–1 (or FAA-approved equivalent part Snow Engineering Co. Process Specifica- numbers) tion #125, dated November 28, 1993, as specified in Service Letter #213, and the applicable maintenance manual.
(e) Can I comply with this AD in any other Issued in Kansas City, Missouri, on March airspace between the terminal and the way? You may use an alternative method of 4, 2002. en route phase of flight for aircraft compliance or adjust the compliance time if: James E. Jackson, executing Instrument Flight Rules (IFR) (1) Your alternative method of compliance Acting Manager, Small Airplane Directorate, operations at Newport Municipal provides an equivalent level of safety; and Aircraft Certification Service. Airport, Newport, OR. (2) The Manager, Fort Worth Aircraft [FR Doc. 02–5690 Filed 3–8–02; 8:45 am] Certification Office (ACO), approves your DATES: Comments must be received on alternative. Submit your request through an BILLING CODE 4910–13–U or before April 25, 2002. FAA Principal Maintenance Inspector, who ADDRESSES: Send comments on the may add comments and then send it to the proposal in triplicate to: Manager, DEPARTMENT OF TRANSPORTATION Manager, Fort Worth ACO. Airspace Branch, ANM–520, Federal Note: This AD applies to each airplane Federal Aviation Administration Aviation Administration, Docket No. identified in paragraph (a) of this AD, 01–ANM–17, 1601 Lind Avenue SW, regardless of whether it has been modified, 14 CFR Part 71 Renton, Washington 98055–4056. altered, or repaired in the area subject to the An informal docket may also be requirements of this AD. For airplanes that [Airspace Docket No. 01–ANM–17] examined during normal business hours have been modified, altered, or repaired so in the office of the Manager, Air Traffic that the performance of the requirements of Proposed Modification of Class E Division, Airspace Branch, at the this AD is affected, the owner/operator must Airspace, Newport, OR request approval for an alternative method of address listed above. compliance in accordance with paragraph (e) AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: of this AD. The request should include an Administration (FAA), DOT. Brian Durham, ANM–520.7, Federal assessment of the effect of the modification, ACTION: Notice of proposed rulemaking Aviation Administration, Docket No. alteration, or repair on the unsafe condition (NPRM). 01–ANM–17, 1601 Lind Avenue SW., addressed by this AD; and, if you have not Renton, Washington 98055–4056: eliminated the unsafe condition, specific SUMMARY: This action proposes to telephone number: (425) 227–2527. actions you propose to address it. modify existing Class E airspace at SUPPLEMENTARY INFORMATION: (f) Where can I get information about any Newport, OR. Newly developed Area already-approved alternative methods of Navigation (RNAV) Special Standard Comments Invited compliance? Contact Andrew D. McAnaul, Instrument Approach Procedure (SIAP) Interested parties are invited to Aerospace Engineer, FAA, Fort Worth Airplane Certification Office, 2601 Meacham and the certification of new weather participate in this proposed rulemaking Boulevard, Fort Worth, Texas 76193–0150; reporting equipment at the Newport by submitting such written data, views, telephone: (817) 222–5156; facsimile: (817) Municipal Airport has made this or arguments, as they may desire. 222–5960. proposal necessary. Additional Class E Comments that provide the factual basis (g) What if I need to fly the airplane to 700-feet and 1,200-feet controlled supporting the views and suggestions another location to comply with this AD? The airspace, above the surface of the earth presented are particularly helpful in FAA can issue a special flight permit under is required to contain aircraft executing developing reasoned regulatory sections 21.197 and 21.199 of the Federal the RNAV RWY 16 Global Positioning decisions on the proposal. Comments Aviation Regulations (14 CFR 21.197 and System (GPS) SIAP at Newport are specifically invited on the overall 21.199) to operate your airplane to a location Municipal Airport. Newport Municipal regulatory, aeronautical, economic, where you can accomplish the requirements Airport currently has part-time Class environmental, and energy related of this AD. E–2 airspace due to the lack of weather aspects of the proposal. (h) How do I get copies of the documents reporting. New weather reporting Communications should identify the referenced in this AD? You may get copies of the documents referenced in this AD from equipment has been installed and airspace docket number and be Air Tractor, Incorporated, P.O. Box 485, certified, therefore, this proposal also submitted in triplicate to the address Olney, Texas 76374. You may view these changes the Class E–2 Airspace at listed above. Commenters wishing the documents at FAA, Central Region, Office of Newport, OR, to 24-hour operation. The FAA to acknowledge receipt of their the Regional Counsel, 901 Locust, Room 506, intended effect of this action is to comments on this action must submit, Kansas City, Missouri 64106. provide adequate Class E controlled with those comments, a self-addressed
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stamped postcard on which the Airport and between the terminal and dated August 31, 2001, and effective following statement is made: en route transition stages. September 16, 2001, is amended as ‘‘Comments to Airspace Docket No. 01– The area would be depicted on follows: ANM–17.’’ The postcard will be date/ aeronautical charts for pilot reference. Paragraph 6002 Class E airspace designated time stamped and returned to the The coordinates for this airspace docket as surface area for an airport. commenter. All communications are based on North American Datum 83. received on or before the specified Class E airspace designated as surface * * * * * closing date for comments will be area for an airport, are published in ANM OR E2 Newport, OR [Revised] considered before taking action on the Paragraph 6002; Class E airspace areas Newport Municipal Airport, OR proposed rule. The proposal contained extending upward from 700-feet or (Lat. 44°34′49″ N, long. 124°03′28″ W.) in this action may be changed in the move above the surface of the earth, are Newport VORTAC light of comments received. All published in Paragraph 6005, of FAA (Lat. 44°34′31″ N, long. 124°03′38″ W.) comments submitted will be available Order 7400.9J, dated August 31, 2001, for examination at the address listed and effective September 16, 2001, which Within a 4-mile radius of the Newport above both before and after the closing is incorporated by reference in 14 CFR Municipial Airport, and within 3.5 miles ° date for comments. A report 71.1. The Class E airspace designations each side of the Newport VORTAC 357 summarizing each substantive public listed in this document will be radial extending from the 4-mile radius to 7.9 contact with FAA personnel concerned published subsequently in the Order. miles north of the VORTAC. with this rulemaking will be filed in the The FAA has determined that this * * * * * docket. proposed regulation only involves an Paragraph 6005 Class E airspace areas Availability of NPRM’s established body of technical extending upward from 700-feet or more regulations for which frequent and above the surface of the earth. routine amendments are necessary to Any person may obtain a copy of this * * * * * NPRM by submitting a request to the keep them operationally current. It, Federal Aviation Administration, therefore, (1) is not a ‘‘significant ANM OR E5 Newport, or [Revised] Airspace Branch, ANM–520, 1601 Lind regulatory action’’ under Executive Newport Municipal Airport, OR Avenue SW, Renton, Washington Order 12866; (2) is not a ‘‘significant (Lat. 44°34′49″ N, long. 124°03′28″ W.) 98055–4056. Communications must rule’’ under DOT Regulatory Policies Newport VORTAC identify the docket number of this and Procedures (44 FR 11013; February (Lat. 44°34′31″ N, long. 124°03′38″ W.) 26, 1979); and (3) does not warrant NPRM. Persons interested in being That airspace extending upward from 700- placed on a mailing list for future preparation of a Regulatory Evaluation feet above the surface within a 5.5 mile NPRM’s should also request a copy of as the anticipated impact is so minimal. radius of Newport Municipal Airport, and Advisory Circular No. 11–2A, which Since this is a routine matter that will within 3.5 miles each side of the 005° bearing describes the application procedure. only affect air traffic procedures and air from the Newport VORTAC extending from navigation, it is certified that this rule, The Proposal the 5.5 mile radius to 8.7 miles north of the when promulgated, will not have a VORTAC, and within 2 miles each side of the The FAA is considering an significant economic impact on a Newport VORTAC 044° radial extending amendment to Title 14 Code of Federal substantial number of small entities from the 5.5 mile radius to 11.4 miles Regulations, part 71 (14 CFR part 71) by under the criteria of the Regulatory northeast of the VORTAC, and within 3 miles modifying existing Class E airspace at Flexibility Act. each side of the Newport VORTAC 341° Newport, OR. Newly developed RNAV List of Subjects in 14 CFR Part 71 radial extending from the 5.5 mile radius to RWY 16 SIAP at the Newport Municipal 7 miles northwest of the VORTAC; and that Airport and newly installed 24-hour Airspace, Incorporation by reference, airspace extending upward from 1,200-feet weather reporting equipment has made Navigation (air). above the surface, bounded by a line this proposal necessary. Additional The Proposed Amendment beginning at lat. 44°35′27″ N., long. Class E 700-feet and E 1,200-feet 124°17′15″ W.; to lat. 44°47′56″ N., long. In consideration of the foregoing, the controlled airspace, above the surface of 124°21′20″ W.; to lat. 44°51′32″ N., long. Federal Aviation Administration the earth is required to contain aircraft 124°21′30″ W.; to lat. 44°54′10″ N., long. proposes to amend 14 CFR part 71 as executing the Instrument Flight Rules 124°19′50″ W.; to lat. 45°05′37″ N., long. follows: (IFR) operations, at Newport Municipal 124°18′01″ W.; to lat. 45°05′37″ N., long. 123°52′30″ W.; to lat. 44°31′59″ N., long. Airport. Newport Municipal Airport PART 71–DESIGNATION OF CLASS A, 123°58′04″ W., to lat. 44°18′20″ N.; long. currently has part-time Class E–2 CLASS B, CLASS C, CLASS D, AND 124°11′55″ W., to lat. 44°21′58″ N.; long. airspace due to the lack of weather CLASS E AIRSPACE AREAS; 124°20′30″ W., to lat. 44°25′22″ N.; long. reporting. New weather reporting AIRWAYS; ROUTES; AND REPORTING 124°14′40″ W.; thence to point of origin; equipment has been installed and POINTS certified; therefore, this proposal also excluding that airspace within Federal changes the Class E–2 Airspace at 1. The authority citation for 14 CFR Airways, the Tillamook and Corvallis, OR, Newport, OR, to a 24-hour operation. part 71 continues to read as follows: Class E airspace area. The FAA establishes Class E airspace Authority: 49 U.S.C. 106(g), 40103, 40113, * * * * * where necessary to contain aircraft 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Issued in Seattle, Washington, on February transitioning between the terminal and 1963 Comp., p. 389. 27, 2002. en route environments. The intended effect of this proposal is designed to § 71.1 [Amended] Charles E. Davis, provide for the safe and efficient use of 2. The incorporation by reference in Acting Assistant Manager, Air Traffic the navigable airspace. This proposal 14 CFR 71.1 of the Federal Aviation Division, Northwest Mountain Region. would promote safe flight operations Administration Order 7400.9J, Airspace [FR Doc. 02–5813 Filed 3–8–02; 8:45 am] under IFR at the Newport Municipal Designations and Reporting Points, BILLING CODE 4910–13–M
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DEPARTMENT OF DEFENSE Procedural Requirements PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS Department of the Army, Corps of a. Review under Executive Order 12866 Engineers 1. The authority citation for 33 CFR This proposed rule is issued with part 334 continues to read as follows: respect to a military function of the 33 CFR Part 334 Authority: 40 Stat. 266 (33 U.S.C. 1) and Defense Department and the provisions 40 Stat. 892 (33 U.S.C. 3). of Executive Order 12866 do not apply. Department of Air Force, Wisconsin Air 2. Section 334.845 would be added to National Guard Danger Zone, R–6903, b. Review under the Regulatory read as follows: Lake Michigan, Sheboygan County, Flexibility Act Wisconsin § 334.845 Wisconsin Air National Guard, These proposed rules have been Volk Field military exercise area located in AGENCY: United States Army Corps of reviewed under the Regulatory Lake Michigan offshore from Manitowoc and Sheboygan Counties; Danger Zone. Engineers, DoD. Flexibility Act (Public Law 96–354) (a) The area. The waters within an ACTION: Notice of proposed rulemaking which requires the preparation of a regulatory flexibility analysis for any area beginning at a point at latitude and request for comments. 43°19′00″ N., longitude 87°41′00″ W.; to regulation that will have a significant ° ′ ″ economic impact on a substantial latitude 44 05 30 N, longitude SUMMARY: The U.S. Corps of Engineers 87°29′45″ W.; to latitude 44°02′00″ N., number of small entities (i.e., small is proposing regulations to reestablish a longitude 87°02′30″ W.; to latitude businesses and small Governments). Danger Zone in Lake Michigan offshore 43°15′30″ N., longitude 87°14′00″ W.; The Corps expects that the economic from Sheboygan County, Wisconsin. thence to the point of beginning. These regulations will enable the impact of the reestablishment of this (b) The regulation. (1) All vessels Wisconsin Air National Guard (WiANG) danger zone would have practically no entering the danger zone shall proceed to ensure the safety of fishermen and impact on the public, no anticipated across the area by the most direct route mariners in the vicinity of a live fire navigational hazard or interference with and without unnecessary delay. exercise area, which is located off the existing waterway traffic and (2) No vessel or craft of any size shall Wisconsin shoreline in Lake Michigan accordingly, certifies that this proposal lie-to or anchor in the danger zone at from Manitowoc to Port Washington, if adopted, will have no significant any time other than a vessel operated by Wisconsin. The regulations are economic impact on small entities. or for the U.S. Coast Guard, local, State, necessary to protect fishermen and or Federal law enforcement agencies. mariners from potentially hazardous c. Review under the National (c) Enforcement. The regulation in conditions which may exist as a result Environmental Policy Act this section shall be enforced by the of WiANG’s use of the area. An environmental assessment has Commanding Officer, Volk Field, WI DATES: Written comments must be been prepared for this action. We have and/or persons or agencies as he/she submitted on or before April 10, 2002. concluded, based on the minor nature of may designate. Dated: February 26, 2002. ADDRESSES: U. S Army Corps of the proposed danger zone regulations, Engineers, ATTN: CECW–OR, 441 G that this action, if adopted, will not Lawrence A. Lang, Street, NW., Washington, DC 20314– have a significant impact to the quality Deputy, Operations Division, Directorate of Civil Works. 1000. of the human environment, and preparation of an environmental impact [FR Doc. 02–5655 Filed 3–8–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. statement is not required. The BILLING CODE 3710–92–P Frank Torbett, Headquarters Regulatory environmental assessment may be Branch, Washington, D.C. at (202) 761– reviewed at the District office listed at 4618, or Mr. Howard J. Ecklund, Corps the end of FOR FURTHER INFORMATION DEPARTMENT OF VETERANS of Engineers, St. Paul District, CONTACT paragraph above. AFFAIRS Regulatory Branch, at (262) 547–4171. d. Unfunded Mandates Act 38 CFR Part 3 SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of the This proposed rule does not impose RIN 2900–AK97 Rivers and Harbors Act of 1917 (40 Stat. an enforceable duty among the private Time Limit for Requests for De Novo 266; 33 U.S.C. 1) and Chapter XIX, of sector and, therefore, it is not a Federal Review the Army Appropriations Act of 1919 private sector mandate and it is not (40 Stat. 892; 33 U.S.C. 3) the Corps subject to the requirements of either AGENCY: Department of Veterans Affairs. proposes to amend the restricted area Section 202 or Section 205 of the ACTION: Proposed rule. regulations in 33 CFR part 334 by Unfunded Mandates Act. We have also adding section 334.845 which found under Section 203 of the Act, that SUMMARY: This document proposes to establishes a danger zone in Lake small Governments will not be amend the Department of Veterans Michigan offshore from Manitowoc and significantly and uniquely affected by Affairs (VA) adjudication regulations Sheboygan Counties, Wisconsin. The this rulemaking. concerning the time a claimant has in public currently has unrestricted access which to request a de novo review of a to the waters of Lake Michigan in close List of Subjects in 33 CFR Part 334 claim at the Veterans Service Center proximity to WiANG’s exercise area. To level after filing a Notice of better protect fishermen and mariners, Danger zones, Marine safety, Disagreement (NOD). We believe this the WiANG has requested the Corps of Navigation (water), Restricted areas, amendment will eliminate unnecessary Engineers establish this danger zone Waterways. delays in the appeals process without that will enable the WiANG to continue For the reasons set out in the adversely affecting claimants. to use this area to maintain its combat preamble, the Corps proposes to amend DATES: Comments must be received on mission readiness. 33 CFR part 334, as follows: or before May 10, 2002.
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ADDRESSES: Mail or hand-deliver review within 60 days, VA will proceed PART 3—ADJUDICATION written comments to: Director, Office of with the traditional appellate process by Regulations Management (02D), issuing a SOC. Subpart D—Universal Adjudication Department of Veterans Affairs, 810 This rulemaking proposes to reduce Rules That Apply to Benefit Claims Vermont Ave., NW., Room 1154, that 60-day period to 15 days, in order Governed by Part 3 of This Title Washington, DC 20420; or fax comments to eliminate unnecessary delays in the 1. The authority citation for part 3, to (202) 273–9289; or e-mail comments appeals process. Under current subpart D continues to read as follows: to [email protected]. § 3.2600(b), VA must wait up to 60 days Comments should indicate that they are from the date on which VA notifies a Authority: 38 U.S.C. 501(a), unless otherwise noted. submitted in response to ‘‘RIN 2900– claimant of their right to a de novo AK97.’’ All comments received will be review, before it may issue a SOC. If the 2. In § 3.2600, paragraph (b) is revised available for public inspection in the claimant does not wish to have the to read as follows: Office of Regulations Management, Veterans Service Center review the Room 1158, between the hours of 8:00 § 3.2600 Review of benefit claims claim de novo, this delays the appeals decisions. a.m. and 4:30 p.m., Monday through process by 60 days. Friday (except holidays). * * * * * In VA’s experience, many claimants (b) Unless the claimant has requested FOR FURTHER INFORMATION CONTACT: Bill or their representatives request de novo review under this section with his or Russo, Regulations Staff, Compensation review along with their NOD. For those and Pension Service, Veterans Benefits her Notice of Disagreement, VA will, who do not, we believe that 15 days is upon receipt of the Notice of Administration, Department of Veterans enough time to decide whether to Affairs, 810 Vermont Avenue, NW., Disagreement, notify the claimant in request a de novo review. Furthermore, writing of his or her right to a review Washington, DC 20420, telephone (202) by reducing the period during which 273–7211. under this section. To obtain such a VA will accept a request for de novo review, the claimant must request it not SUPPLEMENTARY INFORMATION: Under review from 60 to 15 days, we reduce later than 15 days after the date VA existing statutes and regulations, a the time needed to process an NOD by mails the notice. This 15-day time limit claimant who disagrees with a decision 45 days, no matter which option the may not be extended. If the claimant by a Veterans Service Center may appeal claimant chooses. fails to request review under this section that decision by filing a NOD. Upon Paperwork Reduction Act not later than 15 days after the date VA receipt of a NOD, VA must ‘‘take such mails the notice, VA will proceed with development or review action as it This document contains no provisions the traditional appellate process by deems proper under the provisions of constituting a collection of information issuing a Statement of the Case. A regulations not inconsistent with [title under the Paperwork Reduction Act (44 claimant may not have more than one 38 U.S. Code].’’ 38 U.S.C. 7105(d)(1). If U.S.C. 3501–3520). review under this section of the same this development or review does not decision. resolve the disagreement, either by VA Executive Order 12866 * * * * * granting the claim or the claimant This document has been reviewed by withdrawing the NOD, then VA must the Office of Management and Budget Approved: October 17, 2001. issue a Statement of the Case (SOC). under Executive Order 12866. Anthony J. Principi, After receiving the SOC, the claimant Secretary of Veterans Affairs. may continue their appeal, to the Board Regulatory Flexibility Act [FR Doc. 02–5785 Filed 3–8–02; 8:45 am] of Veterans’ Appeals, by filing a The Secretary hereby certifies that the BILLING CODE 8320–01–P Substantive Appeal. adoption of this proposed rule would Title 38 CFR 3.2600 allows claimants not have a significant economic impact who have filed a timely NOD to obtain on a substantial number of small entities FEDERAL COMMUNICATIONS a de novo review by Veterans Service as they are defined in the Regulatory COMMISSION Center personnel. This new, optional Flexibility Act, 5 U.S.C. 601–612. The review process was established through proposed rule does not directly affect 47 CFR Part 54 a final regulation published May 2, 2001 any small entities. Only VA (66 FR 21871–21874). This document [CC Docket 96–45; FCC 02–41] beneficiaries are directly affected. proposes to amend 38 CFR 3.2600 to Therefore, pursuant to 5 U.S.C. 605(b), Federal-State Joint Board on Universal reduce the time limit in which these amendments are exempt from the Service claimants may request a de novo review initial and final regulatory flexibility (a new and complete review with no analysis requirements of sections 603 AGENCY: Federal Communications deference given to the decision being and 604. Commission reviewed) by Veterans Service Center ACTION: Notice of proposed rulemaking. personnel. Section 3.2600(b) currently The Catalog of Federal Domestic states that unless a claimant has Assistance program numbers are 64.100, SUMMARY: In this document, the requested review under § 3.2600 with 64.101, 64.104, 64.105, 64.106, 64.109, Commission seeks comment on issues his or her NOD, VA will, upon receipt 64.110, and 64.127. from the Ninth Report and Order of the NOD, notify the claimant in List of Subjects in 38 CFR Part 3 remanded by the United States Court of writing of his or her right to a review Appeals for the Tenth Circuit. under this section. Section 3.2600(b) Administrative practice and Specifically, the court remanded the further states that to obtain such a procedure, Claims, Disability benefits, Ninth Report and Order, to the review, the claimant must request it not Health care, Pensions, Veterans, Commission to ‘‘establish an adequate later than 60 days after the date VA Vietnam. legal and factual basis for the Ninth mails the notice and that this time limit For the reasons set forth in the Order and, if necessary, to reconsider may not be extended. It also states that preamble, 38 CFR part 3 is proposed to the operative mechanism promulgated if the claimant fails to request de novo be amended as follows: in that Order.’’ The Commission seeks
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comment on issues remanded by the service support mechanism rates? The Commission seeks empirical court. implemented in the Ninth Report and evidence of the range of rates in rural DATES: Comments are due April 10, Order consistent with the court’s and urban areas based on the definition 2002. Reply comments are due April 25, decision. Specifically, the Commission of those terms provided by commenters. 2002. seeks comment on: (1) How the 4. The Commission also seeks Commission should define certain key comment on what it means for federal FOR FURTHER INFORMATION CONTACT: statutory terms; (2) whether, in light of support for universal service to be Katie King at (202) 418–7491 or Jennifer the interpretation of those key statutory ‘‘sufficient.’’ Specifically, if the Schneider at (202) 418–0425 in the terms, the Commission can and should Commission determines that high-cost Accounting Policy Division, Common maintain the previously established support results in rural rates that are Carrier Bureau. benchmark or, in the alternative, should reasonably comparable to urban rates, is SUPPLEMENTARY INFORMATION: This is a adopt a new benchmark or benchmarks; that level of support sufficient under summary of the Commission’s Notice of and (3) how the Commission should section 254 of the Act, or should the Proposed Rulemaking in CC Docket No. induce states to implement state Commission take a broader examination 96–45 released on February 15, 2002 universal service policies. of sufficiency? In establishing the (NPRM). The NPRM is related to an support mechanism, the Commission Order that was released as part of the A. Definitions of ‘‘Reasonably attempted to balance the goal of same document. The full text of this Comparable’’ and ‘‘Sufficient’’ ensuring that consumers in high-cost document is available for public 3. The Commission seeks comment on areas have affordable access to quality inspection during regular business how it should define reasonably service, against the goal of ensuring that hours in the FCC Reference Center, comparable for the purpose of achieving the fund is no larger than necessary to Room CY–A257, 445 12th Street, SW, reasonable comparability of rates. minimize the burdens on the carriers Washington, DC, 20554. Section 254 of the Communications Act that contribute. Because the of 1934, as amended (Act), suggests that I. Introduction Commission must weigh several rates in rural, insular and high cost principles in determining the 1. In this NPRM, the Commission areas should be compared to rates in sufficiency of its support, the seeks comment on the issues from the urban areas to determine reasonable Commission seeks comment on whether Ninth Report and Order, 64 FR 67416, comparability. The Commission makes a it should give more weight to the December 1, 1999, remanded by the two step inquiry. First, when principle of reasonable comparability of United States Court of Appeals for the determining whether rates are rates, or should the Commission Tenth Circuit. The Ninth Report and reasonably comparable, the Commission continue to give weight equally to other Order established a federal high-cost seeks comment on what should be principles listed in section 254(b) of the universal service support mechanism compared. For example, such a Act. In addition, assuming that states for non-rural carriers based on forward- comparison could be: ‘‘urban’’ rates will implement mechanisms to support looking economic costs. The court compared to all other rates, ‘‘rural’’ rates universal service, as suggested by the remanded the Ninth Report and Order compared to all other rates, or court and described, the Commission to the Commission for further specifically defined urban and rural seeks comment on whether sufficiency consideration and explanation of its rates compared to each other. The should be determined by considering decision. Specifically, the court Commission seeks comment on federal support only, or state support as remanded the Ninth Report and Order appropriate definitions of urban and well. to the Commission to ‘‘establish an rural. If commenters suggest that urban adequate legal and factual basis for the and/or rural should be defined by B. Benchmark Issues Ninth Order and, if necessary, to geographical areas, the Commission 5. The Commission seeks comment on reconsider the operative mechanism requests comment on the particular whether it should adopt a different promulgated in that Order.’’ In breakdown of such areas. For example, benchmark or benchmarks or whether it particular, the court concluded that the urban and rural could be defined in should continue to use the 135 percent Commission did not (1) define terms of population density. Urban and benchmark. If commenters suggest that adequately the key statutory terms rural also could be defined by number the Commission should adopt a new ‘‘reasonably comparable’’ and of lines per wire center. If the line count benchmark or benchmarks, the ‘‘sufficient’; (2) adequately explain per wire center is used, would small Commission seeks comment on how it setting the funding benchmark at 135 wire centers in large cities be defined as should determine the new percent of the national average; (3) rural? Is it possible to adequately define benchmark(s). Commenters should provide inducements for state universal reasonable comparability without provide both reasoned analysis and service mechanisms; or (4) explain how adopting a definition for urban and empirical data to show that their this funding mechanism will interact rural? Second, the Commission seeks proposed benchmarks support with other universal service programs. comment on what a fair range of rates reasonable comparability of rates and The Commission seeks comment on the would be to determine whether rates are sufficient high-cost support. The first three issues and refers the record reasonably comparable. The court Commission also notes that the high- collected in this proceeding to the suggested that rates differing 70 to 80 cost loop support mechanism for rural Federal-State Joint Board on Universal percent would not be within a fair range carriers does not use a single benchmark Service (Joint Board) for a recommended of rates that could be considered but, rather, uses a step function. The decision in the Order, released with the reasonably comparable. In this regard, step function has multiple benchmarks NPRM. the Commission notes that costs in rural with greater percentages of support areas may be one hundred times greater provided as costs increase. The II. Issues for Comment than costs in urban areas. Taking into Commission seeks comment on whether 2. The Commission seeks comment on account such cost differences, what is a it should adopt a step function (or some a number of issues that will enable the reasonable range of rates? What other formula that provides a larger Commission to better explain or modify factors should be considered when percentage of support as costs increase) the forward-looking high-cost universal determining reasonable comparability of in the federal high-cost support
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mechanism for non-rural carriers as comparable in their proposed Commission will send a copy of the well. Commenters should describe methodology. NPRM, including this IRFA, to the Chief precisely how the step function would Counsel for Advocacy of the Small C. State Inducements operate, the range and intervals of steps, Business Administration (SBA). In and provide the empirical support and 1. The Commission seeks comment on addition, the NPRM and IRFA (or analysis for how such a function would how it should induce states to summaries thereof) will be published in support reasonable comparability of implement mechanisms to support the Federal Register. universal service. Specifically, the rates and sufficiency of support. To the 1. Need for, and Objectives of, the Commission seeks comment on whether extent commenters advocate that the Proposed Rules Commission should retain the 135 it should: (1) implement a state share 10. In the First Report and Order, 62 percent benchmark, commenters should requirement, similar to that of the FR 32862, June 17, 1997, the provide both reasoned analysis and Seventh Report and Order, 64 FR 30917, Commission adopted a plan for empirical data to show that the 135 June 9, 1999; (2) condition federal universal service support for rural, percent benchmark supports reasonable support on some form of state action; (3) enter into a binding cooperative insular, and high cost areas to replace comparability of rates and sufficiency of longstanding federal subsidies to support. In this regard, the Commission agreement with states as suggested by the court; or (4) adopt some other form incumbent local telephone companies notes that the 135 percent benchmark is with explicit, competitively neutral consistent with an average of the of state inducement. To the extent that commenters suggest the Commission federal universal service mechanisms. benchmarks used in the high-cost loop should adopt one of these options, In doing so, the Commission adopted support mechanism, which previously commenters should provide specific the recommendation of the Joint Board provided support to all carriers (and descriptions of their proposals and that an eligible carrier’s support should currently provides support to rural recommendations for implementation. If be based upon the forward-looking carriers). The Commission seeks the Commission were to condition economic cost of constructing and comment on whether an average of federal support on state action, in what operating the network facilities and benchmarks is appropriate for the non- manner and to what extent should functions used to provide the services rural high-cost mechanism. federal support be so conditioned? The supported by the federal universal 6. The Commission also seeks Commission also seeks comment on service mechanism. In the Ninth Report comment on whether it should continue what kind of state action should be and Order, the Commission adopted a to use a benchmark based on required. If the Commission were to federal high-cost universal service nationwide average cost and compare it enter into binding cooperative support mechanism for non-rural to statewide average costs. Although the agreements with states, what form carriers based on forward-looking court rejected Qwest’s argument that the should the agreements take? Would the economic costs. The U.S. Court of use of statewide and national averages Commission enter into such an Appeals for the Tenth Circuit remanded is necessarily inconsistent with section agreement with individual states or with the Ninth Report and Order to the 254, the court suggested that such a the states collectively? How would such Commission for further explanation of comparison would not be consistent an agreement be enforced? In addition, its decision. 11. In the NPRM, the Commission with the statutory comparison of urban how would the Commission induce and seeks comment on issues from the Ninth and rural rates without evidence that enforce the inducement of states to Report and Order, remanded by the implement universal service support the benchmark actually produced United States Court of Appeals for the comparable rates. If the Commission mechanisms in states that do not receive Tenth Circuit. Specifically, the continues to use nationwide and federal universal service support under Commission seeks comment on: (1) How statewide averages, how should the the non-rural high-cost mechanism? the Commission should define the key Commission measure reasonable III. Procedural Issues statutory terms ‘‘reasonably comparability when rural costs are comparable’’ and ‘‘sufficient’; (2) included in the nationwide average? In A. Ex Parte Presentations whether, in light of the interpretation of the alternative, should the Commission 8. This is a permit but disclose those key statutory terms, the use a benchmark or benchmarks based rulemaking proceeding. Ex parte Commission can and should maintain on urban-only costs? Will definitions of presentations are permitted, except the previously established benchmark ‘‘urban’’ and ‘‘rural’’ be required to during the Sunshine Agenda period, or, in the alternative, should adopt a determine an urban-only benchmark? provided that they are disclosed as new benchmark or benchmarks; and (3) To the extent the Commission decides provided in the Commission’s rules. how the Commission should induce to implement a benchmark based only states to implement state universal on urban and/or rural costs, should this B. Initial Regulatory Flexibility Analysis service policies. The objective of the definition be the same as discussed 9. As required by the Regulatory NPRM is to assemble a record, to refer above in section II.A.? The Commission Flexibility Act of 1980, as amended the record collected in this proceeding also seeks comment on how the terms (RFA), the Commission has prepared to the Joint Board for a recommended ‘‘urban’’ and ‘‘rural’’ should be this present Initial Regulatory decision, and to consider the record and defined—e.g., by wire centers of a Flexibility Analysis (IRFA) of the Joint Board recommendations in certain size, by certain density zones, possible significant economic impact on formulating a response to the court’s urban versus non-urbanized areas or a substantial number of small entities by remand. The Commission expects that, some other criterion. Commenters the policies and rules proposed in this upon receipt of a recommended should provide empirical support and NPRM. Written public comments are decision from the Joint Board, the analysis showing how their proposed requested on this IRFA. Comments must Commission will be able adopt an order benchmark or benchmarks result in be identified as responses to the IRFA implementing a high-cost support reasonably comparable urban and rural and must be filed by the deadlines for mechanism that will be sufficient to rates and define precisely the statutory comments on the NPRM provided in enable non-rural carriers’ rates for terms, urban, rural, and reasonably paragraph number 21 of the item. The service to remain affordable and
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reasonably comparable in all regions of will primarily occur in the area of any proposals, if implemented, may the nation. benchmark issues. If the Commission result in an unfair burden. upholds the mechanism adopted in the 2. Legal Basis 6. Federal Rules That May Duplicate, Ninth Report & Order, there will be no Overlap, or Conflict With the Proposed 12. This rulemaking action is changes. If the Commission changes the Rules supported by sections 1–4, 201–205, current high-cost support mechanism, 214, 218–220, 254, 303(r), 403 and 410 however, adoption of new rules or 20. None. of the Communications Act of 1934, as requirements may require additional C. Comment Filing Procedures amended. recordkeeping. For example, if the 21. The Commission invites comment 3. Description and Estimate of the Commission adopts a mechanism that compares ‘‘urban’’ and/or ‘‘rural’’ costs on the issues and questions set forth in Number of Small Entities to Which the the Notice of Proposed Rulemaking and Notice Will Apply or rates in order to determine an appropriate benchmark, additional Initial Regulatory Flexibility Analysis 13. The RFA generally defines ‘‘small information from all non-rural carriers contained herein. Pursuant to applicable entity’’ as having the same meaning as may be necessary, such as line count procedures set forth in §§ 1.415 and the term ‘‘small business,’’ ‘‘small information for urban and rural areas. 1.419 of the Commission’s rules, organization,’’ and ‘‘small government interested parties may file comments on jurisdiction.’’ In addition, the term 5. Steps Taken To Minimize Significant or before April 10, 2002, and reply ‘‘small business’’ has the same meaning Economic Impact on Small Entities, and comments on or before April 25, 2002. as the term ‘‘small business concern’’ Significant Alternatives Considered All filings should refer to CC Docket No. under the Small Business Act, unless 17. The RFA requires an agency to 96–45. Comments may be filed using the the Commission has developed one or describe any significant alternatives that Commission’s Electronic Comment more definitions that are appropriate to it has considered in reaching its Filing System (ECFS) or by filing paper its activities. Under the Small Business proposed approach, which may include copies. Act, a ‘‘small business concern’’ is one the following four alternatives (among 22. Comments filed through ECFS can that: (1) Is independently owned and others): (1) The establishment of be sent as an electronic file via the operated; (2) is not dominant in its field differing compliance or reporting Internet to
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accepted. Accordingly, the Commission (USPS) Express Mail and Priority Mail), Commission’s headquarters at 445 12th will no longer accept these filings at must be addressed to 9300 East Street, SW, Washington, DC, 20554. The 9300 East Hampton Drive, Capitol Hampton Drive, Capitol Heights, MD, USPS mail addressed to the Heights, MD, 20743. Other messenger- 20743. This location will be open 8:00 Commission’s headquarters actually delivered documents, including a.m. to 5:30 p.m. The USPS first-class goes to our Capitol Heights facility for documents sent by overnight mail (other mail, Express Mail, and Priority Mail screening prior to delivery at the than United States Postal Service should continue to be addressed to the Commission.
If you are sending this type of document or using this deliv- It should be addressed for delivery to * * * ery method. Hand-delivered or messenger-delivered paper filings for the 236 Massachusetts Avenue, NE, Suite 110, Washington, DC Commission’s Secretary. 20002 (8:00 am to 7:00 pm). Other messenger-delivered documents, including documents 9300 East Hampton Drive, Capitol Heights, MD 20743 (8:00 sent by overnight mail (other than United States Postal am to 5:30 pm). Service Express Mail and Priority Mail). United States Postal Service first-class mail, Express Mail, 445 12th Street, SW Washington, DC 20554. and Priority Mail.
All filings must be sent to the SW, Washington, DC 20554. In addition, of the Communications Act of 1934, as Commission’s Acting Secretary: William the full text of the document is available amended, 47 U.S.C. 151–154, 201–205, F. Caton, Office of the Secretary, Federal for public inspection and copying 214, 218–220, 254, 303(r), 403 and 410, Communications Commission, 445 12th during regular business hours at the the Notice of proposed rulemaking is Street, SW, Suite TW–A325, FCC Reference Information Center, hereby Adopted. Washington, DC 20554. Portals II, 445 12th Street, SW, Room 29. The Commission’s Consumer 24. Parties who choose to file by CY–A257, Washington, DC, 20554. The Information Bureau, Reference paper should also submit their document may also be purchased from Information Center, Shall send a copy of comments on diskette to Sheryl Todd, the Commission’s duplicating Accounting Policy Division, Common contractor, Qualex International, Portals the NPRM, including the Initial Carrier Bureau, Federal II, 445 12th Street, SW, Room CY–B402, Regulatory Flexibility Analysis, to the Communications Commission, 445 12th Washington, DC 20554, telephone 202– Chief Counsel for Advocacy of the Small Street, SW, Room 5–B540, Washington, 863–2893, facsimile 202–863–2898, or Business Administration. DC 20554. Such a submission should be via e-mail [email protected]. List of Subjects in 47 CFR Part 54 on a 3.5-inch diskette formatted in an 26. Comments and reply comments IBM compatible format using Microsoft must include a short and concise Communications common carriers, Word or compatible software. The summary of the substantive arguments Telecommunications, Telephone. diskette should be accompanied by a raised in the pleading. Comments and Federal Communications Commission. cover letter and should be submitted in reply comments must also comply with William F. Caton, ‘‘read only’’ mode. The diskette should section 1.49 and all other applicable be clearly labeled with the commenter’s sections of the Commission’s rules. The Acting Secretary. name, proceeding (including the docket Commission directs all interested [FR Doc. 02–5676 Filed 3–8–02; 8:45 am] number, in this case, CC Docket No. 96– parties to include the name of the filing BILLING CODE 6712–01–U 45), type of pleading (comment or reply party and the date of the filing on each comment), date of submission, and the page of their comments and reply name of the electronic file on the comments. All parties are encouraged to FEDERAL COMMUNICATIONS diskette. The label should also include utilize a table of contents, regardless of COMMISSION the following phrase ‘‘Disk Copy—Not the length of their submission. The an Original.’’ Each diskette should Commission also strongly encourages 47 CFR Part 73 contain only one party’s pleading, parties to track the organization set forth preferably in a single electronic file. In in the NPRM in order to facilitate its [DA 02–498, MM Docket No. 02–45, RM– addition, commenters must send internal review process. 10374] diskette copies to the Commission’s D. Further Information copy contractor, Qualex International, Digital Television Broadcast Service; Portals II, 445 12th Street, SW, Room 27. Alternative formats (computer Cadillac and Manistee, MI CY–B402, Washington, DC 20554. diskette, large print, audio recording, 25. Regardless of whether parties and Braille) are available to persons AGENCY: Federal Communications choose to file electronically or by paper, with disabilities by contacting Brian Commission. parties should also file one copy of any Millin at (202) 418–7426 voice, (202) documents filed in this docket with the 418–7365 TTY, or [email protected]. This ACTION: Proposed rule. Commission’s copy contractor, Qualex NPRM can also be downloaded in International, Inc., Portals II, 445 12th Microsoft Word and ASCII formats at SUMMARY: The Commission requests Street, SW, Room CY–B402, http://www.fcc.gov/ccb/ comments on a petition filed by Central Washington, DC 20554. Comments and universal_service/highcost. Michigan University, the licensee of reply comments will be available for noncommercial station WCMV–TV, IV. Ordering Clauses public inspection during regular Cadillac, Michigan, and WCMW–TV, business hours in the FCC Reference 28. Pursuant to sections 1–4, 201–205, Manistee, Michigan, requesting the Center, Room CY–A257, 445 12th Street, 214, 218–220, 254, 303(r), 403 and 410 substitution of DTV channel *17 for
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DTV channel *58 as WCMV–DT paired parte contacts are prohibited in Smithfield, North Carolina, are 35–28– DTV allotment; and the substitution of Commission proceedings, such as this 21 NL and 78–19–43 WL. DTV channel *58 for DTV channel *17 one, which involve channel allotments. Petitioner’s reallotment proposal as WCMW–DT’s paired DTV allotment. See 47 CFR 1.1204(b) for rules complies with the provisions of section DTV Channel *17 can be allotted to governing permissible ex parte contacts. 1.420(i) of the Commission’s Rules, and Cadillac in compliance with the For information regarding proper therefore, the Commission will not principle community coverage filing procedures for comments, see 47 accept competing expressions of interest requirements of Section 73.625(a) at CFR 1.415 and 1.420. in the use of Channel 272A at reference coordinates 44–44–53 N. and List of Subjects in 47 CFR Part 73 Smithfield, North Carolina, or require 85–04–08 W. with a power of 500 and the petitioner to demonstrate the a height above average terrain (HAAT) Television, Digital television availability of an additional equivalent of 399 meters. DTV channel *58 can be broadcasting. class channel. allotted to Manistee in compliance with For the reasons discussed in the DATES: Comments must be filed on or the principle community coverage preamble, the Federal Communications before April 8, 2002, and reply requirements of Section 73.625(a) at Commission proposes to amend 47 CFR comments on or before April 23, 2002. reference coordinates 44–03–57 N. and part 73 as follows: 86–19–58 W. with a power of 200 and ADDRESSES: Secretary, Federal a height above average terrain (HAAT) PART 73—TELEVISION BROADCAST Communications Commission, 445 12th of 104 meters. Since the communities of SERVICES Street, SW., Room TW–A325, Cadillac and Manistee are located Washington, DC 20554. In addition to 1. The authority citation for part 73 filing comments with the FCC, within 400 kilometers of the U.S.- continues to read as follows: Canadian border, concurrence from the interested parties should serve the Canadian government must be obtained Authority: 47 U.S.C. 154, 303, 334, and petitioner’s counsel, as follows: Wade for these allotments. 336. H. Hargrove, Esq. and David Kusher, Esq., Brooks, Pierce, McLendon, DATES: Comments must be filed on or §73.622 [Amended] Humphrey & Leonard, L.L.P.; P.O. Box before April 29, 2002, and reply 2. Section 73.622(b), the Table of 1800; Raleigh, North Carolina 27602. comments on or before May 14, 2002. Digital Television Allotments under FOR FURTHER INFORMATION CONTACT: R. ADDRESSES: Federal Communications Michigan is amended by removing DTV Commission, 445 12th Street, SW., Barthen Gorman, Mass Media Bureau, Channel *58 and adding DTV Channel (202) 418–2180. Room TW–A325, Washington, DC *17 at Cadillac; and by removing DTV 20554. In addition to filing comments channel *17 and adding DTV channel SUPPLEMENTARY INFORMATION: This is a with the FCC, interested parties should *58 at Manistee. synopsis of the Commission’s Notice of serve the petitioner, or its counsel or Proposed Rule Making, MM Docket No. consultant, as follows: Todd D. Gray, Federal Communications Commission. 02–40, adopted February 13, 2002, and Margaret L. Miller, Dow, Lohnes & Barbara A. Kreisman, released Albertson, PLLC, 1200 New Hampshire Chief, Video Services Division, Mass Media February 22, 2002. The full text of this Avenue, NW., Suite 800, Washington, Bureau. Commission decision is available for DC 20036–6802 (Counsel for Central [FR Doc. 02–5709 Filed 3–8–02; 8:45 am] inspection and copying during regular Michigan University). BILLING CODE 6712–01–P business hours in the FCC’s Reference FOR FURTHER INFORMATION CONTACT: Pam Information Center at Portals II, 445 Blumenthal, Mass Media Bureau, (202) 12th Street, SW, CY–A257, Washington, 418–1600. FEDERAL COMMUNICATIONS DC, 20554. This document may also be COMMISSION SUPPLEMENTARY INFORMATION: This is a purchased from the Commission’s duplicating contractors, Qualex synopsis of the Commission’s Notice of 47 CFR Part 73 Proposed Rule Making, MM Docket No. International, Portals II, 445 12th Street, 02–45, adopted March 1, 2002, and [DA 02–409; MM Docket No. 02–40; RM– SW, Room CY–B402, Washington, DC, released March 6, 2001. The full text of 10377] 20554, telephone 202–863–2893, facsimile 202–863–2898, or via e-mail this document is available for public Radio Broadcasting Services; inspection and copying during regular [email protected]. Goldsboro and Smithfield, North The provisions of the Regulatory business hours in the FCC Reference Carolina Information Center, Portals II, 445 12th Flexibility Act of 1980 do not apply to Street, SW., Room CY–A257, AGENCY: Federal Communications this proceeding. Washington, DC 20554. This document Commission. Members of the public should note may also be purchased from the ACTION: Proposed rule. that from the time a Notice of Proposed Commission’s duplicating contractor, Rule Making is issued until the matter Qualex International, Portals II, 445 SUMMARY: This document requests is no longer subject to Commission 12th Street, SW., Room CY–B402, comments on a petition for rule making consideration or court review, all ex Washington, DC 20554, telephone 202– filed on behalf of New Age parte contacts are prohibited in 863–2893, facsimile 202–863–2898, or Communications, Inc., licensee of Commission proceedings, such as this via-e-mail [email protected]. Station WKIX(FM), Channel 272A, one, which involve channel allotments. Provisions of the Regulatory Goldsboro, North Carolina, requesting See 47 CFR 1.1204(b) for rules Flexibility Act of 1980 do not apply to the reallotment of Channel 272A from governing permissible ex parte contacts. this proceeding. Goldsboro to Smithfield, North For information regarding proper Members of the public should note Carolina, and modification of its filing procedures for comments, See 47 that from the time a Notice of Proposed authorization accordingly, pursuant to CFR 1.415 and 1.420. Rule Making is issued until the matter the provisions of Section 1.420(i) of the List of Subjects in 47 CFR Part 73 is no longer subject to Commission Commission’s Rules. The coordinates consideration or court review, all ex for requested Channel 272A at Radio broadcasting.
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For the reasons discussed in the DATES: Comments must be received on U.S.C. 32901 et seq.), mandate fuel preamble, the Federal Communications or before April 10, 2002. economy standards that must be met by Commission proposes to amend 47 CFR ADDRESSES: You may submit your vehicle manufacturers. These standards part 73 as follows: comments in writing to: Docket Section, apply separately to each manufacturer’s National Highway Traffic Safety annual fleet of passenger cars and to its PART 73—[RADIO BROADCAST Administration, 400 Seventh Street, annual fleet of light trucks under 8,500 SERVICES] SW., Washington, DC 20590. lbs. gross vehicle weight rating, instead of applying to individual vehicles. Each 1.The authority citation for Part 73 Alternatively, you may submit your manufacturer’s average fuel economy is continues to read as follows: comments electronically by logging onto the Docket Management System (DMS) determined by the Environmental Authority: 47 U.S.C. 154, 303, 334, and Website at http://dms.dot.gov. Click on Protection Agency in accordance with 336. ‘‘Help & Information’’ or ‘‘Help/Info’’ to procedures set forth in 49 U.S.C. 32904. § 73.202 [Amended] view instructions for filing your Those procedures provide for determining the fuel economy of a 1. Section 73.202(b), the Table of FM comments electronically. Regardless of manufacturer’s model types produced in Allotments under North Carolina, is how you submit your comments, you a particular model year and calculating amended by adding Smithfield, Channel should mention the docket number of a weighted fuel economy average for the 272A, and removing Channel 272A at this document. You can find the number manufacturer. Goldsboro. at the beginning of this document. Docket hours are 9 a.m. to 5 p.m. Congress amended the CAFE Federal Communications Commission. Monday through Friday. provisions when it enacted the John A. Karousos, Alternative Motor Fuels Act of 1988 FOR FURTHER INFORMATION CONTACT: The Chief, Allocations Branch, Policy and Rules following persons at the National (‘‘AMFA’’) (Pub. L. 100–94; October 14, Division, Mass Media Bureau. Highway Traffic Safety Administration, 1988). The purposes of AMFA were to [FR Doc. 02–5710 Filed 3–8–02; 8:45 am] 400 Seventh Street, SW., Washington, encourage the development and use of BILLING CODE 6712–01–P DC 20590: methanol, ethanol and natural gas as For non-legal issues: Mr. Kenneth transportation fuels and to promote the Katz, Consumer Programs Division, production of alternative fuel vehicles DEPARTMENT OF TRANSPORTATION Office of Planning and Consumer (AFVs). For the latter purpose, AMFA Programs, NPS–32, Room 5320, provides special procedures for National Highway Traffic Safety telephone (202) 366–4936, facsimile calculating the fuel economy of Administration (202) 493–2290. ‘‘dedicated’’ alternative fuel vehicles For legal issues: Otto Matheke, Office and ‘‘dual-fueled’’ vehicles that meet 49 CFR Part 538 of the Chief Counsel, NCC–20, Room specified eligibility criteria. ‘‘Dedicated vehicles’’ are cars or light trucks [Docket No.: NHTSA–2001–10774; Notice 2] 5219, telephone (202) 366–5263, facsimile (202) 366–3820. designed to operate exclusively either RIN 2127–AI41 SUPPLEMENTARY INFORMATION: on natural gas or on a methanol or ethanol fuel mixture composed of at Automotive Fuel Economy Table of Contents least 85 percent of either substance. Manufacturing Incentives for I. Summary of Agency Proposal ‘‘Dual-fueled vehicles’’ have the Alternative Fuel Vehicles II. Background capability to operate on conventional A. Statutory Background petroleum and the capability to operate AGENCY: National Highway Traffic B. Report To Congress on an alternative fuel. Most dual-fueled Safety Administration (NHTSA), C. Other Developments vehicles produced to date are capable of Department of Transportation (DOT). D. U.S. Dependence on Imported Petroleum operating on E85 (a blend of 85 percent ACTION: Notice of proposed rulemaking ethanol and 15 percent gasoline) and (NPRM). E. Availability and Use of Alternative Fuels III. Agency Proposal either gasoline or diesel. The special IV. Benefits and Costs SUMMARY: To provide an incentive for calculation procedures used in V. Rulemaking Notices and Analyses determining the fuel economy of the production of vehicles that can A. Executive Order 12866 and DOT operate on certain alternative fuels as alternative fuel vehicles substantially Regulatory Policies and Procedures increase the fuel economy ratings of well as on regular petroleum fuels, B. Regulatory Flexibility Act Congress established a special these vehicles. C. National Environmental Policy Act In creating the incentive program for procedure for calculating the fuel D. Executive Order 13132 (Federalism) dual-fueled vehicles, Congress expressly economy of those vehicles for the E. Civil Justice Reform limited both the extent to which a purpose of determining compliance F. Paperwork Reduction Act manufacturer can avail itself of the with the Corporate Average Fuel G. National Technology Transfer and incentive in any model year as well as Economy standards. This procedure Advancement Act H. Unfunded Mandates Reform Act the duration of the incentives.1 For the increases the fuel economy attributed to I. Plain Language 1993–2004 model years, the maximum such ‘‘dual-fueled’’ vehicles, thus J. Regulation Identifier Number (RIN) increase in CAFE available to a facilitating compliance with those VI. Preparation and Submission of Comments manufacturer for producing qualifying standards. By statute, the incentive is dual-fueled vehicles is 1.2 miles per available through the end of the 2004 I. Summary of Agency Proposal gallon. model year and may be extended by up Congress created the Corporate AMFA provides that by December 31, to four additional years through Average Fuel Economy (CAFE) program 2001, the agency either extend the rulemaking. when it enacted the Energy Policy and program beyond the 2004 model year or This document proposes to extend the Conservation Act of 1975 (Pub. L. 94– availability of the incentive by four 163; Dec. 22, 1975). The CAFE statutory 1 Congress did not apply either of these years, i.e., through the end of the 2008 provisions, now codified in Chapter 329 limitations to the incentive program for dedicated model year. of Title 49 of the United States Code (49 vehicles.
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issue a notice of termination ending it significant benefit, in our view, may II. Background at the close of that model year. An require nothing less than a full four-year A. Statutory Background extension of up to four model years is extension of the incentive program. In 1988, Congress enacted the authorized. If the program were In proposing this extension, we extended, the maximum increase in Alternative Motor Fuels Act (AMFA). recognize that the incentive program, as CAFE attributed to the incentive would Section 6 of that Act amended the fuel it is now operating, potentially may be be limited to .9 miles per gallon in any economy provisions of the Motor of those model years. having some negative energy effects. By Vehicle Information and Cost Savings AMFA further directs that NHTSA upwardly adjusting the calculated level Act by adding a new section, section evaluate the dual-fuel incentive program of fuel efficiency of dual-fueled 513, providing incentives for the and provide a report to Congress vehicles, the incentive program allows manufacture of vehicles designed to analyzing the success of the incentive manufacturers to build less fuel efficient operate on alternative fuels, including program and preliminary conclusion conventionally fueled vehicles without dual-fueled vehicles. The section regarding extension of the program paying CAFE penalties. If manufacturers provides that incentive by establishing beyond the 2004 model year. do so, have no other means of meeting special procedures for calculating the NHTSA is proposing that the dual- CAFE standards in the absence of the fuel economy of those vehicles. These fuel incentive program be extended by incentive, and choose not to allow their special procedures result in alternative four years, i.e., through the end of the CAFE to fall to the level where they fuel vehicles being assigned a higher 2008 model year. We are proposing this would have to pay penalties, the fuel economy value for CAFE extension for several reasons. Domestic incentive program provides a means for compliance purposes than they would energy security is more important than producing a less fuel efficient fleet. have under the procedures used for ever. The vehicles affected by the Under the foregoing conditions, if dual- calculating the fuel economy of other program operate on ethanol, a domestic fueled vehicles are operated almost vehicles. Manufacturers choosing to fuel. To the extent that domestic fuels exclusively on petroleum, the net build such vehicles can use the fuel can be used, we can decrease our economy of their alternative fuel impact is, in effect, to reduce the CAFE reliance on foreign petroleum. We vehicles to raise the calculated level of levels that are achieved by recognize the potential value to their CAFE. domestic energy security of having a manufacturers and increase the Dual-fueled vehicles generally are fleet of vehicles that can be operated on consumption of petroleum. However, in vehicles that can operate either on non-petroleum fuels. This value would order to conclude that the incentive alternative fuel and either gasoline or be realized in times of petroleum program has a negative energy impact, diesel fuel, or on natural gas and either shortages. We are mindful that the one must make certain assumptions gasoline or diesel fuel. Section 513(h) vehicle manufacturers would not likely about the various actions that specifically defined a ‘‘dual energy maintain their current level of efforts to manufacturers may take in meeting automobile’’ as one that meets a produce alternative fuel vehicles in the CAFE, including the notion that minimum driving range and: absence of the incentive program. As we manufacturers would not, in the face of (i) Which is capable of operating on recommend in our report to Congress increasing demand for less efficient alcohol and on gasoline or diesel fuel; that steps be taken to enhance the vehicles, have simply chosen to pay (ii) Which provides equal or superior infrastructure, we want to maintain the CAFE penalties in order to meet that energy efficiency, as calculated for the program while efforts are made to demand. As NHTSA has, until recently, applicable model year during fuel economy testing for the Federal Government, while identify and implement those steps. The been constrained from collecting data proposed four-year extension would operating on alcohol as it does while regarding manufacturer capabilities and operating on gasoline or diesel fuel; [and] give Congress, other executive branch any analysis of manufacturer agencies, regional authorities, and the (iii) Which * * * provides equal or capabilities and choices is necessarily superior energy efficiency, as calculated for private sector ample time to identify, the applicable model year during fuel adopt and implement such steps. complex, the agency cannot state with any certainty that the incentive program economy testing for the Federal Government, NHTSA is also concerned that an while operating on a mixture of alcohol and extension of less four years would not has, or will, have negative energy gasoline or diesel fuel containing exactly 50 allow sufficient time to begin to realize effects. percent gasoline or diesel fuel as it does the potential benefits from the operation Any increased costs resulting from the while operating on gasoline or diesel fuel. of the dual fuel incentive program. For operation of the incentive program A ‘‘natural gas dual energy’’ a variety of reasons, significant numbers must, if the program is to be extended, automobile was defined as a vehicle that of dual fuel capable vehicles have only be offset by actual or potential benefits. met a specified minimum driving range, recently begun to appear in the As noted above, one such benefit is and: marketplace. It is, therefore, not yet having a fleet of vehicles that can (i) Which is capable of operating on natural clear whether the continuing presence operate on alternative fuels. Use of gas and on gasoline or diesel fuel; [and] of these vehicles, their ability to use alternative fuels by these vehicles (ii) Which provides equal or superior alternative fuels, programs intended to reduces dependence on foreign oil and energy efficiency, as calculated for the increase the use and production of applicable model year during fuel economy would help to lessen demand for alternative fuels and other conditions testing for the Federal Government, while conventional fuels, thereby helping to will stimulate the expansion of the operating on natural gas as it does while alternative fuel infrastructure as keep fuel prices low. If sufficient operating on gasoline or diesel fuel. envisioned by Congress in creating the numbers of dual fuel vehicles exist and The Energy and Policy Act of 1992 dual fuel incentive program. The continue to spur development of an added new provisions to section 513. development of a viable alternative fuel alternative fuel infrastructure, the The definition of ‘‘alternative fuel’’ was infrastructure, particularly one based on nation would, to a degree, be insulated expanded to include liquefied domestically produced ethanol fuel, from the impacts of ‘‘oil shocks’’ petroleum gas, hydrogen, liquid fuels would reduce the nation’s dependence resulting from sudden disruptions to the derived from coal and biological on imported oil. The realization of this petroleum supply. materials, electricity and any other fuel
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that the Secretary of Transportation cubic feet of natural gas to be equal to questions regarding the impact of the determines to be substantially non- 0.823 gallons of gasoline, with the incentive program on the production petroleum based and have gallon equivalent of natural gas to be and development of dual-fueled environmental and energy security considered to have a fuel content equal vehicles, the costs of producing these benefits. The 1992 Act also revised to 0.15 gallons of fuel. vehicles, vehicle performance and terminology by replacing ‘‘dual energy’’ Since alternative fuel vehicles will, reliability and the efforts made to and ‘‘natural gas dual energy’’ with for CAFE purposes, have a higher market the vehicles. Other questions ‘‘alternative fueled vehicles’’ in order to calculated fuel economy rating than asked for information on future product reflect the expanded list of fuels. their conventionally fueled plans for the production of dual-fueled The 1988 AMFA amendments counterparts, production of alternative vehicles, the impact that the incentives established the eligibility criteria and fuel vehicles allows manufacturers to have had on the availability of procedures for calculation of the boost their CAFE ratings. The alternative fuels, consumer awareness of incentive benefits. Manufacturers of opportunity for raising a manufacturer’s alternative fuels, obstacles to alternative alternative fuel vehicles that met the calculated CAFE through this incentive fuel use, potential modifications to the minimum driving range and energy program is limited to 1.2 miles per incentive program and whether the efficiency criteria could use a special gallon per model year for the 1993 incentive program should be extended procedure for calculating the fuel through 2004 model years. If the or discontinued. economy of these vehicles for the 1993 program is extended beyond the 2004 The agency received comments from through 2004 model years. The special model year, the CAFE increase is three automobile manufacturers— calculation procedure substantially limited to 0.9 miles per gallon per General Motors (GM), Ford Motor raises the fuel economy of the vehicle. model year. Company (Ford) and DaimlerChrysler For instance, a dedicated alternative Sections 32905(b) and (d) specify that (DC); five associations—Alliance of fuel vehicle achieving 15 miles per the dual-fuel incentives apply to Automobile Manufacturers (Alliance), gallon while operating on alcohol vehicles produced in the 1993 through Renewable Fuels Association (RFA), would, based on the special calculation 2004 model years. The incentives may, National Ethanol Vehicle Coalition procedures, be deemed to have a fuel however, be extended. Section 32905(f) (NEVC), Clean Fuels Development economy of 100 miles per gallon.2 provides that the Secretary of Coalition (CFDC), and Ethanol The special calculation procedure for Transportation shall, no later than Producers and Consumers (EPAC); one alternative fuel dual-fueled vehicles is December 31, 2001, either complete state agency—the Missouri Department based on the assumption that those rulemaking to extend the incentive of Natural Resources Energy Center vehicles will operate 50 percent of the program for up to four more consecutive (DNREC); the governors of New Mexico, time on the alternative fuel and 50 model years or issue a notice of Missouri, Kansas, and Wisconsin; percent of the time on conventional termination ending it. Senators J. Robert Kerrey, Tom Daschle, fuel, resulting in a fuel economy figure In anticipation of the decision Wayne Allard, Evan Bayh, John that is based on a harmonic average of regarding extension, section 32905(g) Ashcroft, Carl Levin, Charles E. alternative and conventional fuel. For directed the Secretary, in consultation Grassley, Christopher S. Bond, and example, an alternative dual-fueled with the Secretary of Energy and the Chuck Hagel; the Congressional Auto model that achieves 15 miles per gallon Administrator of the Environmental Caucus; and joint comments from the operating on an alcohol fuel and 25 mpg Protection Agency, to submit a report to American Council for an Energy- on the conventional fuel would, based Congress containing the results of a Efficient Economy (ACEEE), Center for on the special calculation procedure, be study of this alternative fuel vehicle Auto Safety (CAS), the Sierra Club, and calculated to have a CAFE fuel economy mileage credit incentive policy and the U.S. Public Interest Research Group of 40 miles per gallon.3 providing preliminary conclusions (USPIRG). The CAFE values for a natural gas whether the program should be With the exception of the joint alternative fuel vehicle are calculated in extended for up to an additional four (4) ACEEE—CAS—Sierra Club—USPIRG a similar fashion. For the purposes of model years. In preparing this study and letter, all of the commenters voiced this calculation, the fuel economy is report, the Secretary is required to strong support for continuation of the equal to the weighted average of the consider the following factors: incentive program from the end of the vehicle fuel economy while operating 2004 model year to the end of the 2008 (i) [T]he availability to the public of on natural gas and the vehicle fuel model year. The supporting commenters alternative fueled automobiles, and unanimously indicated that the economy while operating on either alternative fuels; gasoline or diesel fuel. Section 32905(c) (ii) Energy conservation and energy incentive program was primarily specifies the energy equivalency of 100 security; responsible for the development and (iii) Environmental considerations; and production of alternative fuel vehicles 2 The fuel economy of dedicated vehicles is (iv) Other relevant factors. in high volumes and was also derived by computing the weighted average of fuel responsible for the development of the economy while operating on gasoline or diesel fuel B. Report to Congress existing refueling infrastructure. The and when operating on alternative fuel after In response to the directive in section dividing the alternative fuel economy by a factor of comments also reflected a consensus 0.15. In the example cited above, the equation is as 32905(g), NHTSA is submitting a report that availability and price of alternative follows: FE=(1/0.15)(15)=100. to Congress simultaneously with the fuels continued to be the most 3 The fuel economy for an alternative dual-fueled issuance of this notice. This report, significant obstacle to their use. Two model is calculated by dividing 1.0 by the sum of which contains the agency’s findings commenters, DNREC and Governor Gary 0.5 divided by the fuel economy as measured on the conventional fuel and 0.5 divided by the fuel regarding the impacts and effectiveness E. Johnson of New Mexico, indicated economy as measured on the alternative fuel, using of the dual-fuel incentive program, was that extension of the incentive program the 0.15 volumetric conversion factor. For example, preceded by a request for comments that is desirable for government entities that an alternative dual-fueled model that achieves 15 the agency published in the Federal are required to purchase and use miles per gallon operating on an alcohol fuel and 25 mpg on the conventional fuel would have its Register on May 9, 2000 (65 FR 26805) alternative fuel vehicles. DNREC and CAFE fuel economy calculated as follows: 1/((0.5/ (Docket No. NHTSA 2000–7087). The Governor Johnson both expressed 25)+(0.5/100))=40 miles per gallon. request for comments asked a number of concern that termination of the
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incentive program could impact the of their fleet fuel economy, the primary petroleum gas (LPG). Natural gas price and availability of alternative fuel effect of the program, if manufacturers refueling sites—1,217 compressed vehicles and of the fuels that these produced less fuel efficient vehicles natural gas (CNG) and 44 liquefied vehicles use. only because the incentive program natural gas (LNG)—had increased from The joint ACEEE—CAS—Sierra allowed them to do so, has been to 1,065 CNG refueling sites in 1995. The Club—USPIRG letter opposed any increase petroleum consumption number of ethanol refueling sites, which extension of the incentive program. without producing a corresponding provide the E85 fuel used in most dual These commenters indicated that the increase in the availability or use of fuel vehicles, had grown to 121 from 37 incentive program had not resulted in alternative fuels (Report to Congress: in the five years from 1995–2001. In the any expansion of alternative fuel Effects of the Alternative Motor Fuels same period, the number of methanol infrastructure. In their view, the primary Act CAFE Incentives Policy, Executive (M85) refueling stations dropped from impact of the incentive program was to Summary (hereinafter cited as Report)). 105 to 37 as the number of M85 flexible- allow manufacturers to produce less The report finds that, by the end of fuel vehicles decreased. (Report, Sec. fuel-efficient vehicles. Based on this the 2000 model year, the population of IV). assessment, the signatories to the letter dual-fueled alternative fuel vehicles had Our report indicates that despite the indicated that the incentive program increased to over 1.2 million vehicles. fact that the incentive program had led increased petroleum consumption and This growth, including 115,000 to sales of more than one million increased emissions. They further urged passenger cars and 1,077,000 light ethanol flexible-fuel vehicles through that the incentive program be trucks using E85 ethanol fuel, occurred the 2000 model year, the small number terminated unless availability of the in less than five years (Report, Sec. III). of E85 stations and the limited amount incentive could actually be linked to By 2000, close to 8 percent of all new of E85 produced strongly suggest that alternative fuel consumption. light trucks were dual-fueled vehicles as these vehicles were being operated Ford, GM, DC, and the Alliance all compared to virtually no dual-fueled almost exclusively on gasoline. indicated that the existence of the light trucks two years before. About 1.4 The report also notes that conducting incentive program had a major influence percent of passenger cars produced in an assessment of the energy and on decisions by some vehicle the 2000 model year were dual-fueled environmental impacts of the incentive manufacturers to produce dual-fueled vehicles (compared to .025 percent in program is complicated by uncertainty vehicles in high volumes. Ford and DC 1993) (Report, Sec. III). As the number about the behavior and capabilities of indicated that they offered dual-fueled of dual-fueled vehicles increased, the vehicle manufacturers. While the use of vehicles at no additional cost to manufacturers building these vehicles alternative fuels can reduce petroleum consumers, while GM indicated that grew closer to gaining the maximum consumption and greenhouse gas pricing was subject to a large number of CAFE increase permitted under the emissions, the energy consumption and factors. All three of these manufacturers incentive program. For the 2000 model environmental impacts cannot be indicated that present technology year, both Ford and DaimlerChrysler determined with any reasonable amount allowed production of reliable and approached the 0.9-mpg maximum of certainty because it is difficult to usable dual-fueled vehicles. However, benefit level that would be allowed if determine what manufacturers would DC noted that alcohol fuels presented the dual-fueled vehicle CAFE credit have done in the absence of the credit problems with starting in low provision were extended. Similarly, GM incentive. temperatures. GM observed that early increased its production of dual-fueled In an effort to evaluate the effects of alcohol fuels presented corrosion vehicles in order to benefit from the the incentive program up to the year problems. RFA indicated its belief that incentive program (Report, Executive 2000, the Environmental Protection performance of dual-fueled vehicles Summary). Agency (EPA), performed an analysis operating on alternative fuels could be The agency’s report finds that the comparing a baseline case in which no improved by tuning the engine increased production of dual-fueled incentive program existed with a case management system to use these fuels vehicles had stimulated some growth in where the incentive program was in more efficiently. The Alliance and each the use and availability of alternative place. In the incentive program case, it manufacturer also indicated that fuels. NHTSA found that alternative fuel was assumed that one percent of the continued production of alternative fuel use in alternative fuel vehicles in the fuel used by dual-fueled vehicles during vehicles would be a part of their efforts U.S. has been rising over the past the years from 1996 to 2000 was an to meet the CAFE standards and that decade. In 1992, a total of 230 million alternative fuel. The model also such production would be adversely gasoline gallon equivalents of assumed that the enhanced fuel affected by termination of the incentive alternative fuel were used in alternative efficiency of dual-fueled vehicles program. fuel vehicles; for 2000, that number is resulting from application of the CAFE Following consideration of the projected to rise to 368 million gasoline incentive allowed manufacturers to comments and other data, NHTSA gallon equivalents, or an increase of produce fewer fuel efficient issued its report. The agency’s report roughly 6 percent per year. In conventional vehicles and still meet the indicates that the dual-fuel incentive comparison, the highway use of gasoline CAFE standards and avoid civil program has had a positive impact on and diesel increased roughly 2 percent penalties. Estimates were made of both the production and availability of dual- per year. However, alternative fuel use conventional and alternative fuel use, fueled vehicles. However, the increased only accounts for 0.23 percent of total total motor fuel consumption, and availability of these vehicles has not highway fuel use. greenhouse gas emissions. These stimulated any meaningful growth in One factor limiting greater expansion estimates were compared to the baseline the availability and use of the of alternative fuel use is the availability analysis, in which the absence of an alternative fuels used in dual-fueled of alternative fuels. As of May 2001, incentive program or consumer demand vehicles. Few dual-fueled vehicles are there were 5,236 alternative fuel for lower mpg vehicles compelled being operated on alternative fuels. refueling sites, with sites in all 50 states manufacturers to make more fuel- Since the incentive program rewards (Report, Sec. IV). Of the existing efficient conventional vehicles. A manufacturers for producing qualifying alternative fuel refueling stations, the comparison of the two models indicated vehicles through an upward adjustment vast majority offered liquefied that when dual-fueled vehicles are only
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operated on alternative fuel one percent greenhouse gas emissions (Report Sec. the actual use of alternative fuels by of the time, the incentive program V).4 consumers; and increases the consumption of petroleum The preceding analysis assumes that (3) Develop, implement, and evaluate in two ways. First, dual-fueled vehicles in the absence of the incentive program, policies and programs that facilitate more rapid expansion and use of the alternative operating on petroleum consume manufacturers would not have fuel infrastructure. Such policies and petroleum themselves. Second, the produced larger, less fuel efficient programs should be evaluated, taking into production of the dual-fueled vehicles vehicles. It is also possible that account the availability of alternative fuel allows manufacturers to build less manufacturers might have responded to and other potential transportation uses for efficient petroleum fueled vehicles than strong consumer demand for each fuel. they would without the incentive performance and utility and produced In view of the nation’s energy security program. Through 2000, the CAFE the same vehicles without the provision interests, it is important to increase incentives policy was estimated to have as they did with it. In this case, alternative fuel capability throughout the manufacturers would have chosen to fleet. Given the mixed results of the program resulted in an increase in alternative to date, it would be prudent for Federal fuel use (almost all E85) and a slight pay civil penalties rather than meet the agencies, Congress, industry, and other increase in gasoline consumption (about CAFE standard. Under this scenario, the interested stakeholders to identify additional 1 percent)(Report Sec. V). main effect of the program has been to programs and authorities that could greatly expand the population of The analysis also attempted to predict contribute to achieving greater use of vehicles that have the potential to use alternative fuels in dual-fuel vehicles that the effect of an extension of the alternative fuels. receive the CAFE credit. incentive program on the environment In assessing the dual-fuel incentive and energy consumption. The effects of program, the report finds that the credit C. Other Developments extending the CAFE credit to 2008 program has been successful in under four basic scenarios were In the last year, several events have stimulating a significant increase in the evaluated under the assumption that transpired related to CAFE and the availability of alternative fuel vehicles. credit incentive provision. These are manufacturers would continue to be The existence of the incentive program constrained by CAFE and choose not to summarized below. was a major factor in the development On May 17, 2001, the Energy Policy build less efficient vehicles and pay and production of alternative fuel Development Group, led by Vice CAFE penalties in response to consumer vehicles in high volumes. The existence President Dick Cheney, issued its demand. Two different production rates of these vehicles has not, however, National Energy Policy. This report for flexible-fuel vehicles were stimulated a corresponding increase in made recommendations to President considered: One based on a maximum the availability of alternative fuels. The Bush regarding the path that the benefit of 0.9 mpg and, due to a then report also finds that the nation’s administration’s energy policy should pending legislative proposal to amend limited capacity for producing E85 fuel take and included specific the existing limit, one based on 1.2 mpg. could be further limited by the recommendations regarding vehicle fuel Two different rates of E85 fuel possibility that a gasoline additive, economy and CAFE. The report consumption were then considered Methyl Tertiary-Butyl Ether (MTBE), recommends that the President direct under the aforementioned two could be replaced by ethanol. This the Secretary of Transportation to production rates (one based on the would further constrain any future • Review and provide recommendations current rate of about 1 percent and one expansion of E85 use. Given the slow based on a steady increase in use from on establishing CAFE standards with due rate of growth in the alternative fuel consideration of the National Academy of the current 1 percent to 50 percent in infrastructure, the report states that if Sciences study to be released in July 2001. 2008) in an attempt to bound the range the incentive program were used by Responsibly crafted CAFE standards should of possible outcomes. All four scenarios manufacturers to meet CAFE standards increase efficiency without negatively would result in increases in petroleum in lieu of producing more efficient impacting the U.S. automotive industry. The use and greenhouse gases if the vehicles, energy conservation and determination of future fuel economy incentive program were extended to environmental benefits will only be standards must therefore be addressed analytically and based on sound science. 2008. The analysis also considered realized through the extension of the • additional scenarios under which Consider passenger safety, economic incentive provisions if other incentives, concerns, and disparate impact on the U.S. flexible-fuel vehicles would use E85 an programs, or market conditions versus foreign fleet of automobiles. average of 50 percent of the time and stimulate the production, distribution, • Look at other market-based approaches 100 percent of time). In the 50 percent and use of E85 fuel. Therefore, the to increasing the national average fuel case, petroleum consumption would not agency’s report indicates that a number economy of new motor vehicles. increase if the credit were extended to of other actions might be considered to The Energy Policy Development Group 2008. However, the amount of improve the program and its chances for also stated in its report that ethanol greenhouse gases produced would still success. vehicles offer tremendous potential if increase, if the credit were extended, Specific actions by Congress or others ethanol production can be expanded. compared to the option of allowing the might include any or all of the Additionally, the report states that, ‘‘a program to expire in 2004. If flexible- following: considerable enlargement of ethanol fuel vehicles used E85 100 percent of (1) Examine alternatives to the current production and distribution capacity the time, petroleum consumption would dual-fuel vehicle CAFE credit program would be required to expand beyond decline, although greenhouse gases structure, such as linking the CAFE credit to their current base in the Midwest in would still increase. The increase in actual alternative fuel used; order to increase use of ethanol-blended greenhouse gases in both cases would (2) Develop, implement, and evaluate fuels.’’ stem from the overall increase in policies, regulations, or programs to promote Like the appropriations acts for the petroleum use by conventional vehicles preceding five years, the fiscal year 2001 4 allowed by the incentive program and This analysis assumes that, in the absence of the DOT Appropriations Act included the the fact that flexible-fuel vehicles dual-fuel incentive, manufacturers would produce more efficient vehicles to meet the CAFE standards, rider prohibiting the Department from burning E85 would still generate some rather than pay civil penalties. revising the CAFE standards. However it
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also included a provision directing the controls about 65 percent of the world’s production cutbacks that makes oil Department to fund a National Academy oil reserves and about 35 percent of the price shocks possible, increasing of Sciences study on the effectiveness world’s natural gas reserves. North competition for oil by using alternative and impacts of CAFE standards. On July American reserves of oil amount to just fuels reduces the ability of oil suppliers 30, 2001, the National Academy of 6–7 percent of world reserves, and the to constrain supply in order to increase Sciences released a preliminary report Department of Energy estimates that the the price of oil. entitled, ‘‘Effectiveness and Impact of U.S. will import 62 percent of its oil by E. Availability and Use of Alternative Corporate Average Fuel Economy the year 2010. Since the petroleum Fuels (CAFE) Standards.’’ This report ‘‘shocks’’ of the 1970s, the inflation- included 15 findings and seven adjusted price of crude oil has generally Alternative fuel use in the U.S. has recommendations. Recommendation 5 declined. Since the oil shocks of the grown significantly since the passage of stated that, ‘‘Credits for dual-fuel 1970s several events combined to keep AMFA alternative fuel incentives. In vehicles should be eliminated, with the oil prices low: the end of the Cold War; 1992, alternative fuel use in the U.S. provision that NHTSA’s notice of such a diminution in the market power of amounted to 230 million gasoline gallon action provides enough lead-time to OPEC due to an increase in petroleum equivalents; in 2000, alternative fuel use limit adverse impacts on the automotive production from non-OPEC nations; and is estimated to be 368 million gasoline industry.’’ the cementing of U.S. security ties to the gallon equivalents, an overall increase On August 2, 2001, the U.S. House of most important oil-exporting nations. of 60 percent. With the exception of Representatives passed H.R. 4, which is The growing dependence of the U.S. on methanol and E95 blend ethanol, all of entitled the Securing America’s Future imported petroleum offsets the positive the alternative fuels in use have seen Energy (SAFE) Act of 2001. This bill, developments that have occurred in the notable increases in use between 1992 which has been placed on the Senate global petroleum market over the past and 2000. An increasing number of CNG legislative calendar, includes provisions 20 years and the potential impact of a and LNG vehicles are available from in Section 203, Dual Fueled petroleum shock on the U.S. is growing. original-equipment manufacturers and Automobiles, which alter the AMFA The transportation sector remains electricity has also enjoyed a large CAFE credit incentive program by overwhelmingly dependent on increase, due to the OEM offerings of extending it for an additional four petroleum-based fuels and on electric vehicles in the Southwest. model years to 2008 and by extending technologies that provide virtually no Alternative fuel use in alternative fuel the 1.2 mpg limitation on the maximum flexibility for employing alternative to vehicles has been rising at a rate three allowable CAFE credit that can be petroleum. Transportation currently times faster than the total highway use earned by a specific manufacturer’s fleet accounts for approximately two-thirds of gasoline and diesel. Nonetheless, through model year 2008 as well. The of all U.S. petroleum use and roughly alternative fuel use only accounts for deadline for making a decision whether one-fourth of total U.S. energy 0.23 percent of total highway fuel use. to extend the program beyond 2008 consumption. Highway transportation The National Energy Policy would be December 31, 2005, with the petroleum consumption has risen from Development Group, in its May 17, report on the effects of the program due 121 billion gallons per year in 1979 to 2001, report on the National Energy on September 30, 2004. 155 billion gallons per year in 1999 (28 Policy states that, ‘‘The lack of In July 2001, Secretary Mineta sent a percent over 20 years). Given the infrastructure for alternative fuels is a letter to Congress asking that the freeze dependency of our nation’s major obstacle to consumer acceptance on CAFE standards be lifted transportation network on petroleum of alternative fuels and the purchase of immediately so NHTSA could resume use, substitution of conventional alternative fuel vehicles.’’ The lack of its CAFE rulemaking responsibilities. petroleum fuels by non-petroleum-based infrastructure is one of the main reasons However, the freeze was not lifted until fuels, including alternative fuels, could why most alternative fuel vehicles December 2001, when the reduce America’s vulnerability to actually operate on petroleum fuels. As Appropriations Act for the Department disruptions in petroleum supply. the report noted, ‘‘ethanol vehicles offer of Transportation, for the first time in Increased use of alternative fuels can tremendous potential if ethanol six years, did not include a rider yield other economic benefits as well as production can be expanded.’’ However, freezing CAFE standards. NHTSA improving the nation’s energy security. the report also states that, ‘‘a immediately resumed its CAFE Displacing petroleum with alternative considerable enlargement of ethanol rulemaking responsibilities. The FY and replacement transportation fuels production and distribution capacity 2003 DOT budget request includes helps hold down petroleum prices in would be required to expand beyond $1,000,000 to support CAFE program two ways. First, reducing the demand their current base in the Midwest in activities to meet those responsibilities. for petroleum decreases the world price order to increase use of ethanol-blended for oil—a 1 percent decrease in U.S. fuels.’’ D. U.S. Dependence on Imported petroleum demand could, in the long The National Renewable Energy Petroleum term, reduce world oil price by about Laboratory reports that there are 5,236 The United States met 15 percent of 0.5 percent. Short-run impacts could be alternative fuel refueling sites as of May its oil needs in 1955 through imports. even greater, due to the short-run 2001, with alternative fuel refueling The import share reached 36.8 percent inelasticity of oil supply and demand. sites in all 50 states. Unfortunately, by 1975, the year CAFE standards were An additional benefit of increased while most dual-fuel vehicles use authorized by Congress, and then alternative or replacement fuel use is ethanol as an alternative fuel, less than peaked at 46.4 percent in 1977. the potential to reduce the impact of a three percent of U.S. alternative fuel Although the share declined to below 30 supply shortage on prices. As evidenced refueling stations sell ethanol. As of percent in the mid-1980’s, lately, the in the industrial and utility sectors, the May 2001, there were 121 public E85 United States has again become existence of alternatives to oil provides refueling outlets in operation, up from increasingly dependent on imported oil. potential substitutes for oil in the event 37 in 1995. For LPG, the most widely Imports totaled 43.6 percent in 1992 and of a production cutback. Since it is available alternative fuel, although it are anticipated to be at or over 50 precisely the non-responsiveness of has availability in all states, there are percent in 2001. The Middle East transportation oil demand to oil only 3,270 outlets in the U.S. For other
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gaseous alternative fuels, there are 1,237 construction can add another 123 2004 model years, with the possibility Compressed Natural Gas (CNG) outlets million gallons per year, and plants in of an extension of up to four model in the U.S and 44 Liquified Natural Gas the engineering and planning stages can years, i.e., through the 2008 model year. (LNG) refueling sites. add another 149 million gallons per The other limit was to place a cap of 1.2 The Federal government, specifically year. If all the present and building mpg on the maximum increase in fleet DOE, the General Services plants are producing ethanol as planned fuel economy available from the use of Administration and the Department of in 2003, total ethanol production the incentives for the 1993–2004 model Agriculture are involved with efforts to capacity that year will be about 1.99 years and 0.9 mpg for any of the model promote the use and expansion of billion gallons of ethanol per year. year(s) to which the program was alternative fuels and the alternative fuel Capacity in 2010 could reach 2.6 billion extended by NHTSA. The existence and infrastructure. A major focus of these gallons per year. However, if MTBE is nature of these limits indicates that efforts is the development of different banned as a gasoline additive and fuel Congress understood that the incentive feedstocks for ethanol and on producers replace MTBE with ethanol, program could result in increased partnerships that result in the expansion it is uncertain if there will be enough petroleum use, that any increases in of the ethanol fuel infrastructure. DOE refinery capacity to both replace MTBE petroleum use would be limited to the administers the Clean Cities Program, and to fuel flexible-fuel vehicles a life of the program, and that, if the the Office of Fuels Development (OFD) substantial portion of the time with E85. program were extended, that the extent alternative fuel program, and, in of increased petroleum use would be III. Agency Proposal conjunction with the General Services controlled. Administration (GSA), the Federal AFV Section 32905(f) directs NHTSA to The existence of the dual-fuel USER Program. Efforts by DOE are take one of the following actions on or incentives has spurred a large increase underway in Minnesota to help before December 31, 2001: Either in the production of these vehicles in construct a number of ethanol refueling complete a rulemaking extending the recent years. Technologies have been sites. In August 2001, the USDA dual-fuel incentive program or issue a developed to the degree that dual-fueled announced that its agencies will use notice of termination ending it. The vehicles are as reliable and as useful as ethanol fuels in their fleet vehicles agency’s ability to extend the program is their conventionally fueled where practicable and reasonable in not unlimited—it may only extend the counterparts. Fleet operators and others cost. incentives for Anot more than 4 with access to gaseous fuels are, to a As ethanol fuels are generally more consecutive model years immediately limited extent, using gaseous dual- expensive than gasoline, cost remains after model year 2004 * * *.’’ fueled vehicles. Liquid fueled dual- an impediment to the more widespread On December 31, 2001, NHTSA fueled vehicles capable of operating on demand that would stimulate issued a notice of intent to issue a notice E85 or gasoline are being produced in development of the necessary of proposed rulemaking that was significant numbers. These E85 vehicles infrastructure. Although the trend in published in the Federal Register on may use either gasoline or E85 alternative fuels is in the direction of January 7, 2002 (67 FR 713). In that interchangeably with no input required E85 use, the infrastructure has been notice, the agency explained that it was from the vehicle operator, save the slow to develop because these vehicles providing notice of its intention to issue selection of the fuel to be used when also use conventional fuel. However, a notice of proposed rulemaking to filling the tank. With the exception of even if relatively few of these vehicles extend the dual fuel incentive program decreased range resulting from the are actually being operated on E85, the from one to four years. slightly lower energy content of E85, a existence of a dual fuel capable fleet The agency is proposing to extend the liquid dual-fueled vehicle performs as could spur an increase in the number of dual-fuel incentive program for four well on E85 as it does on gasoline. E85 refueling sites, and provide model years, from the 2005 through the Production of E85 vehicles steadily consumers an alternative if there are gas 2008 model years. NHTSA has increased through the 2000 model year, shortages or gas prices increase tentatively concluded that extension of but slightly decreased in the 2001 model significantly. The small number of the dual-fuel incentive program for four year, as dual-fuel technology has outlets available today points out the model years would be appropriate and matured and manufacturers rely on the need to intensify the E85 refueling consistent with the goals of both the incentives to assist them in meeting infrastructure. In addition, it is safe to incentive program and the CAFE CAFE requirements. For example, no say that many people who have program as a whole. liquid fuel dual-fueled light trucks were purchased flexible-fuel vehicles do not The dual-fuel incentive program, produced in 1997. However, over 1.4 know they could use E85. More public which envisions a reduction in million dual-fueled light trucks were education in areas where E85 refueling petroleum dependence through the produced in the 1998—2001 model stations exist is needed to inform people development of alternative fuels, years. In the 2000 model year, close to so that they are aware they can use E85. accepts an interim increase in the 7.6 percent, and in the 2001 model year, Future alternative fuel use may be consumption of petroleum fuels in 4.6 percent of all light trucks produced affected by supply as well as demand. pursuit of that end. When Congress were dual-fueled vehicles. About 1.4 Water quality concerns involving the conceived the incentive program, it was percent of passenger cars produced in use of MTBE and the rapidly increasing aware of the risk that manufacturers the 2000 model year and 0.8 percent number of E85 flexible-fuel vehicles would avail themselves of gains in fleet produced in the 2001 model year were may, if ethanol production is diverted to fuel economy by building dual-fueled dual-fueled vehicles (compared to .025 the production of an MTBE substitute, vehicles regardless of whether the percent in 1993). As of the 2001 model lead to insufficient ethanol to meet vehicles ever used an alternative fuel. year, 217,000 E–85 dual-fueled demand. Current ethanol supply Concern about this possibility and the passenger cars and 1,446,000 E–85 dual- capacity, as well as that represented by increase in the use of petroleum that fueled light trucks had been produced. ethanol plants now planned or under could result, led to the enactment of two Comments submitted in response to the construction, indicates that domestic limits on the incentive program. One of agency’s request for information prior to ethanol production is now about 1.72 these limits, now at issue, was to make preparation of NHTSA’s report to billion gallons per year. Plants under the incentive available for the 1993– Congress indicate that manufacturers
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plan to produce increasing numbers of apiece in South Dakota, Nebraska and E85 dual-fueled vehicles would rise to dual-fueled vehicles as part of their Kentucky and 5 in Missouri.5 While the approximately 1 billion gallons in 2010. overall strategy for meeting CAFE number of E85 stations has increased Future availability of ethanol for the requirements. during the course of the incentive E85 fuel used by most dual-fueled NHTSA notes that almost all of the program, the growth that has occurred vehicles is further complicated by dual-fueled vehicles produced in the has not yet resulted in a degree of changes in the formulation of petroleum U.S. have been built since the 1997 expansion suggesting that E85 is likely fuels. Much of the ethanol produced model year. While the incentive to serve as a viable alternative to now is used for conventional fuel program has been in place since the petroleum fuels in the near future. additives. This use may increase 1993 model year, manufacturer efforts In one sense, the lack of development dramatically due to concerns about in the first several years of the incentive of an alternative fuel infrastructure is methyl tertiary butyl ether (MTBE). program were primarily directed at the indicative of the technology and MTBE is an additive that has been used development of methanol-fueled (M85) marketing of dual-fueled vehicles. Dual- in U.S. gasoline as an octane enhancer vehicles. While these efforts met with fueled vehicles perform as well when since 1979. Because MTBE use in some success, methanol’s corrosive operated on gasoline as conventionally gasoline reduces certain emissions, it properties, problems with the quality of fueled vehicles. It is possible that has been used in higher concentrations methanol fuels and increased demand owners of these vehicles often remain since 1992 in certain geographic areas to for methanol in conventional fuel unaware that the vehicle can be fulfill the oxygenate requirements set by additives led to a change in direction operated on an alternative fuel or, in Congress in the 1990 Clean Air Act toward the development and production those areas where alternative fuel is Amendments. Recent concerns about of ethanol (E85) vehicles. The first available, where they can purchase MTBE in groundwater resulting from production E85 dual-fueled vehicles alternative fuel. Although some leaking underground storage tanks has appeared in the 1998 model year and manufacturers have made efforts to led to a reexamination of policies are the only vehicles that have been improve owner awareness of the unique regarding its use. produced in significant quantities since capability of these dual-fueled vehicles, While a variety of approaches are the inception of the incentive program. the fact remains that the dual-fuel being considered, there is a possibility In terms of stimulating dual-fueled capabilities of these vehicles are often that the use of ethanol as an MTBE vehicle production, the incentive not well known. substitute may spur a substantial program appears to be meeting the Owner unawareness of dual-fuel increase in demand for ethanol. If this expectations of Congress. Reliable dual- capability is not the only obstacle to were to occur, the increased demand for fueled vehicles that perform well while increased alternative fuel use. As noted ethanol as an additive might restrict the operating on an alternative fuel are above, there are presently very few E85 availability of ethanol as a fuel until becoming available in increasing stations in the United States. Even in production capacity is increased. numbers. In some instances, those locations where E85 is available, However, once the demand for ethanol- manufacturers are producing enough it has not historically been price based additives stabilized, the increased dual-fueled vehicles to enable them to competitive with gasoline, particularly production capacity might make more obtain close to the maximum benefit when the price is adjusted to reflect ethanol available as fuel. NHTSA is under the incentive. Although these E85’s lower energy content. The lower concerned that the increased demand vehicles, the vast majority of which are energy content of E85 also results in a for ethanol additives might restrict the E85 dual-fueled vehicles, have only slight reduction in driving range when availability of ethanol fuel, particularly begun to be produced in significant compared with gasoline. Those in the next few years. As temporary numbers, the comments submitted in consumers who are aware of their shortages of ethanol might impact the response to NHTSA’s May 9, 2000 vehicle’s ability to use an alternative success of the incentive program in the request for comments indicate that the fuel most likely will not choose to use near term, NHTSA believes that a full incentive program is the principal alternative fuels unless they are more four-year extension of the program impetus for their development and attractive than gasoline. might be necessary to allow ethanol manufacture. The incentive program has Development of an alternative fuel production to grow sufficiently to meet therefore begun to satisfy one infrastructure is also dependent on the the demand for additives to petroleum component of AMFA’s overall goal of supply of alternative fuels. As noted fuel and ethanol fuel itself. encouraging the development of above, current ethanol production in the The agency’s proposal to extend the alternative fuel vehicles. United States is approximately 1.7 incentive program for four years is an The success of the incentive program billion gallons per year. As that capacity attempt to reconcile the promise of an in stimulating the production of increases, ethanol production is increasingly large fleet of dual-fueled vehicles has not yet resulted either in projected to reach approximately 2 vehicles with the constraints preventing increased demand for alternative fuels billion gallons per year. A substantial the development of the dual-fuel or a corresponding increase in percentage of this production capacity is infrastructure envisioned by Congress. availability of these fuels. Despite the used to produce additives for The existence of the incentive program presence of approximately 1.7 million conventional gasoline or to produce has provided considerable impetus to E85 capable dual-fueled vehicles in the gasohol (90 percent gasoline/10 percent the development and refinement of both gaseous and liquid fueled dual-fueled U.S. fleet, owners of these vehicles are ethanol). As NHTSA notes in its report vehicles. After efforts in the early years unlikely to be able to use E85 fuel, to Congress, about 400 million gallons of the incentive program revealed particularly if they live in one of the 32 of ethanol were available for use in E85 technological barriers to practical states without any E85 fuel stations. At fuel for dual-fueled vehicles in 2000. methanol fueled vehicles, industry present, there are less than 140 E85 The agency also notes that it anticipates efforts turned to the development of stations in the U.S. The majority of that the amount of ethanol available for these stations are located in the ethanol capable vehicles. The Midwestern and north central states 5 A list of alternative fuel stations maintained by maturation of ethanol capable dual- with 60 stations in Minnesota, 13 in the Department of Energy may be accessed at fueled vehicle technology did not occur Illinois, 10 in Iowa, 8 in Michigan, 7 http://www.afdc.nrel.gov/refueling.html. until well after the incentive program
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began in the 1993 model year. As dual- limitation on the maximum benefit offset the increase in fuel costs. The fueled vehicle production has only modifies the impact of the incentive light truck purchaser may get more recently begun to result in significant program’s special fuel economy choices of large light trucks and sport numbers of dual-fueled vehicles in calculation for dual-fueled vehicles. utility vehicles in the market, perhaps actual use, NHTSA believes that that Manufacturers will be required to the ability to choose a larger engine, or termination of the incentive program increase the efficiency of their perhaps savings in initial vehicle prices before the end of the 2008 model year conventionally fueled fleet to make up if weight reductions due to material would be premature. The added for the reduction in the dual-fuel substitutions, or fuel economy numbers of dual-fueled vehicles now in incentive. If alternative fuel use has not technologies are not added to the use, in combination with those that will increased, the 0.9 mpg cap will restrict vehicle. It is entirely possible that the be produced in the 2002 through 2008 the negative impacts of the incentive value vehicle purchasers place on these model years, may spur increased program. attributes exceeds the cost of the extra consumption and availability of IV. Benefits and Costs gasoline these vehicles use. alternative fuels. In addition, the Federal government, and specifically In the preliminary economic V. Rulemaking Notices and Analyses DOE, the General Services assessment, the agency examined two A. Executive Order 12866 and DOT Administration and the Department of scenarios examining the impact of Regulatory Policies and Procedures extending the incentive program on Agriculture are involved with efforts to Executive Order 12866, ‘‘Regulatory promote the use and expansion of consumers by projecting the increased fuel costs resulting from less efficient Planning and Review’’ (58 FR 51735, alternative fuels and the alternative fuel October 4, 1993), provides for making infrastructure. These programs may also conventionally fueled vehicles being available in the marketplace. One determinations whether a regulatory bear fruit in the form of increased action is ‘‘significant’’ and therefore alternative fuel use. Unfortunately, scenario, scenario 1, is based on the 2001 model year combined fuel subject to Office of Management and NHTSA does not now have the Budget (OMB) review and to the opportunity to wait and examine the economy of GM, Ford, and Daimler/ Chrysler light trucks of 20.07 mpg. requirements of the Executive Order. impact these vehicles may have. The Order defines a ‘‘significant The agency’s tentative decision to Scenario 1 examined the 2001 model regulatory action’’ as one that is likely extend the incentive program for four year fuel economy for these to result in a rule that may: years is based on its assessment that the manufacturers without operation of the (1) Have an annual effect on the energy and other costs of the incentive incentive and with the incentive in economy of $100 million or more or program are justified by the potential place. (20.52 mpg versus 20.07 mpg.) As adversely affect in a material way the benefits. We are unable to predict with the incentive program allows the economy, a sector of the economy, certainty how much alternative fuel use, production of less fuel efficient productivity, competition, jobs, the which is a critical element to the vehicles, the lower average fuel environment, public health or safety, or realization of benefits, will increase.6 economy will result in the average light State, local, or Tribal governments or Adoption of the proposed four-year truck purchaser’s vehicle consuming communities; extension entails a risk that more fuel (on average 308 gallons) over (2) Create a serious inconsistency or manufacturers might be producing dual- its lifetime and costing $129 more otherwise interfere with an action taken fuel vehicles that operate only on (present discounted value) to operate in fuel over the vehicle’s lifetime. Scenario or planned by another agency; petroleum fuel. On the other hand, if the (3) Materially alter the budgetary agency were to allow the program to 2 examined the potential credit of 0.9 mpg that could be taken during the impact of entitlements, grants, user fees, terminate, there would be an equal risk or loan programs or the rights and that late-blooming alternative fuel extension years, so it compared 20.97 mpg versus 20.07 mpg. From a light obligations of recipients thereof; or technology and production would be truck purchaser’s perspective, the lower (4) Raise novel legal or policy issues wasted and the opportunities for average fuel economy will result in their arising out of legal mandates, the eventual reductions in petroleum use vehicle consuming more fuel (on President’s priorities, or the principles would be lost. A four-year extension is, average 411 gallons) over its lifetime set forth in the Executive Order. in NHTSA’s view, a reasonable and costing $244 more (present This proposal is economically reconciling of those risks. Such an discounted value) to operate in fuel over significant. While the proposal does not extension will provide opportunities for the vehicles’ lifetime. require the production of alternative further development of measures to Scenario 1 could result in an fuel vehicles, it allows manufacturers encourage alternative fuel use and, if additional 1.7 billion gallons of gasoline producing dual-fuel vehicles to produce those policies are successful, result in being used over the lifetime of one less efficient conventionally fueled the development of a domestic fuel model year’s fleet of light trucks at a vehicles. The impact of the production supply and infrastructure with either present discounted value of $727 of these less efficient vehicles may little or no increase in petroleum use. million. Scenario 2 could result in an result in additional annual fuel costs of As noted above, the maximum incentive additional 2.3 billion gallons of gasoline more than $100 million. Accordingly, it benefit available in the 2005 through being used over the lifetime of one was reviewed under Executive Order 2008 model years is an 0.9 mpg increase model year’s fleet of light trucks at a 12866. The rule is also significant in a manufacturer’s fleet average. This present discounted value of $1,375 within the meaning of the Department million. of Transportation’s Regulatory Policies 6 Many of those responding to NHTSA’s May 9, 2000 request for comments suggested that a number Because there are a variety of ways to and Procedures. of measures be implemented to make alternative improve fuel economy, and our ability Because this proposed rule is fuels more attractive to consumers. These suggested to collect and analyze data had been economically significant, the agency has measures, which included reductions in fuel taxes restricted under the CAFE freeze for the prepared a Preliminary Economic on alternative fuels, tax credits for alternative fuel use or alternative fuel vehicles and other market preceding six fiscal years, we are unable Analysis (PEA). This analysis is incentives, are initiatives that are beyond NHTSA’s at this time to determine what are the summarized above in the sections on authority. benefits to the light truck purchaser to Benefits and Costs. The PEA is available
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in the docket and has been placed on represents a very small percentage of E. Civil Justice Reform the agency’s website along with the overall emissions resulting from the This proposed amendment would not proposal itself. consumption of petroleum fuels by have any retroactive effect. 49 U.S.C. highway vehicles. B. Regulatory Flexibility Act 30161 sets forth a procedure for judicial review of final rules establishing, Pursuant to the Regulatory Flexibility D. Executive Order 13132 (Federalism) amending, or revoking Federal motor Act (5 U.S.C. 601 et seq., as amended by Executive Order 13132 requires vehicle safety standards. That section the Small Business Regulatory NHTSA to develop an accountable does not require submission of a Enforcement Fairness Act (SBREFA) of process to ensure ‘‘meaningful and petition for reconsideration or other 1996), whenever an agency is required timely input by State and local officials administrative proceedings before to publish a notice of rulemaking for in the development of regulatory parties may file suit in court. any proposed or final rule, it must policies that have federalism prepare and make available for public implications.’’ ‘‘Policies that have F. Paperwork Reduction Act comment a regulatory flexibility federalism implications’’ is defined in Under the Paperwork Reduction Act analysis that describes the effect of the the Executive Order to include of 1995, a person is not required to rule on small entities (i.e., small regulations that have ‘‘substantial direct respond to a collection of information businesses, small organizations, and effects on the States, on the relationship by a Federal agency unless the small governmental jurisdictions). The between the national government and collection displays a valid OMB control Small Business Administration’s the States, or on the distribution of number. This proposed rule would not regulations at 13 CFR part 121 define a power and responsibilities among the require any new collections of small business, in part, as a business various levels of government.’’ Under information as defined by the OMB in entity ‘‘which operates primarily within Executive Order 13132, the agency may 5 CFR part 1320. Data regarding the United States.’’ (13 CFR 121.105(a)). not issue a regulation with Federalism production of dual-fuel vehicles would No regulatory flexibility analysis is implications, that imposes substantial be submitted to the agency under the required if the head of an agency direct compliance costs, and that is not existing procedures found in 49 CFR certifies the rule will not have a required by statute, unless the Federal part 537. significant economic impact on a government provides the funds substantial number of small entities. necessary to pay the direct compliance G. National Technology Transfer and SBREFA amended the Regulatory costs incurred by State and local Advancement Act Flexibility Act to require Federal governments, the agency consults with Section 12(d) of the National agencies to provide a statement of the State and local governments, or the Technology Transfer and Advancement factual basis for certifying that a rule agency consults with State and local Act of 1995 (NTTAA), Public Law 104– will not have a significant economic officials early in the process of 113, section 12(d) (15 U.S.C. 272) impact on a substantial number of small developing the proposed regulation. directs us to use voluntary consensus entities. NHTSA also may not issue a regulation standards in our regulatory activities NHTSA has considered the effects of with Federalism implications and that unless doing so would be inconsistent this proposed rule under the Regulatory preempts State law unless the agency with applicable law or otherwise Flexibility Act. I certify that this consults with State and local officials impractical. Voluntary consensus proposed rule would not have a early in the process of developing the standards are technical standards (e.g., significant economic impact on a proposed regulation. materials specifications, test methods, substantial number of small entities. The agency has analyzed this sampling procedures, and business The rationale for this certification is that proposed rule in accordance with the practices) that are developed or adopted there are not currently any small motor principles and criteria set forth in by voluntary consensus standards vehicle manufacturers in the United Executive Order 13132 and has bodies, such as the Society of States building vehicles that would be determined that it would not have Automotive Engineers (SAE). The affected by the extension of the dual- sufficient federalism implications to NTTAA directs us to provide Congress, fuel incentive credit. warrant consultation with State and through OMB, explanations when we local officials or the preparation of a C. National Environmental Policy Act decide not to use available and federalism summary impact statement. applicable voluntary consensus NHTSA has analyzed this rulemaking The proposal to extend the dual-fuel standards. action for the purposes of the National incentive program through the 2008 There are no voluntary consensus Environmental Policy Act. The agency model year may result in additional standards available at this time. has performed a preliminary conventional fuel costs for state and However, NHTSA will consider any Environmental Assessment and local governments. At the same time, such standards if they become available. determined that implementation of this extension of the incentive program will proposed rule will not have a significant ensure that dual fuel vehicles, which H. Unfunded Mandates Reform Act impact on the quality of the human state and local governments are required Section 202 of the Unfunded environment. Adoption of this proposed to use by other federal mandates, will be Mandates Reform Act of 1995 (UMRA) rule is likely to result in increased available at lower costs. Any increased requires Federal agencies to prepare a vehicle emissions and an increase in costs that would not be offset by the written assessment of the costs, benefits, greenhouse gases, depending on the continued availability of lower cost dual and other effects of proposed or final amount of alternative fuel consumed by fuel vehicles, however, are not direct rules that include a Federal mandate dual-fueled vehicles manufactured in costs. The agency’s proposal would not likely to result in the expenditure by response to the rule. Such increases will otherwise have any substantial effects State, local or tribal governments, in the stem largely from the production of on the States, or on the current Federal- aggregate, or by the private sector, of larger, less fuel efficient vehicles made State relationship, or on the current more than $100 million in any one year possible by the propose extension. distribution of power and (adjusted for inflation with base year of However, under any scenario, the responsibilities among the various local 1995). Before promulgating a rule for amount of increased emissions officials. which a written statement is needed,
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section 205 of the UMRA generally Will the Agency Consider Late receiving your comments, Docket requires NHTSA to identify and Comments? Management will return the postcard by consider a reasonable number of We will consider all comments that mail. regulatory alternatives and adopt the Docket Management receives before the How Do I Submit Confidential Business least costly, most cost-effective, or least close of business on the comment Information? burdensome alternative that achieves closing date indicated above under the objectives of the rule. The DATES. To the extent possible, we will If you wish to submit any information provisions of section 205 do not apply also consider comments that Docket under a claim of confidentiality, you when they are inconsistent with Management receives after that date. If should submit three copies of your applicable law. Moreover, section 205 Docket Management receives a comment complete submission, including the allows NHTSA to adopt an alternative too late for us to consider it in information you claim to be confidential other than the least costly, most cost- developing a final rule (assuming that business information, to the Chief effective, or least burdensome one is issued), we will consider that Counsel, NHTSA, at the address given alternative if the agency publishes with comment as an informal suggestion for above under FOR FURTHER INFORMATION the final rule an explanation why that future rulemaking action. CONTACT. In addition, you should alternative was not adopted. submit two copies, from which you This proposed rule would not result How Do I Prepare and Submit have deleted the claimed confidential in the expenditure by State, local, or Comments? business information, to Docket tribal governments, in the aggregate, of Your comments must be written and Management at the address given above more than $100 million annually. in English. To ensure that your under ADDRESSES. When you send a comment containing information I. Plain Language comments are correctly filed in the Docket, please include the docket claimed to be confidential business Executive Order 12866 requires each number of this document in your information, you should include a cover agency to write all rules in plain comments. letter setting forth the information language. Application of the principles Your comments must not be more specified in our confidential business of plain language includes consideration than 15 pages long. (49 CFR 553.21). We information regulation. (49 CFR part of the following questions: established this limit to encourage you 512.) —Have we organized the material to suit to write your primary comments in a How Can I Read the Comments the public’s needs? concise fashion. However, you may Submitted by Other People? —Are the requirements in the rule attach necessary additional documents clearly stated? to your comments. There is no limit on You may read the comments received —Does the rule contain technical the length of the attachments. by Docket Management at the address language or jargon that is not clear? Please submit two copies of your given above under ADDRESSES. The —Would a different format (grouping comments, including the attachments, hours of the Docket are indicated above and order of sections, use of headings, to Docket Management at the address in the same location. paragraphing) make the rule easier to given above under ADDRESSES. You may also see the comments on understand? In addition, given the statutory the Internet. To read the comments on —Would more (but shorter) sections be deadline of December 31, 2001, for the Internet, take the following steps: better? issuance of the final rule, for those 1. Go to the Docket Management System —Could we improve clarity by adding comments of 4 or more pages in length, (DMS) Web page of the Department of tables, lists, or diagrams? we request that you send 10 additional Transportation (http://dms.dot.gov/). —What else could we do to make this copies, as well as one copy on computer 2. On that page, click on ‘‘search.’’ rulemaking easier to understand? disc, to: Mr. Kenneth Katz, Office of 3. On the next page (http://dms.dot.gov/ If you have any responses to these Consumer Programs, National Highway search/), type in the four-digit docket number questions, please include them in your Traffic Safety Administration, 400 shown at the beginning of this document. comments on this NPRM. Example: If the docket number were Seventh Street, SW, Washington, DC NHTSA–1998–1234, you would type ‘‘1234.’’ J. Regulation Identifier Number (RIN) 20590. We emphasize that this is not a After typing the docket number, click on requirement. However, we ask that you The Department of Transportation ‘‘search.’’ do this to aid us in expediting our assigns a regulation identifier number 4. On the next page, which contains docket review of all comments. The copy on summary information for the docket you (RIN) to each regulatory action listed in computer disc may be in any format, selected, click on the desired comments. You the Unified Agenda of Federal although we would prefer that it be in may download the comments. Although the Regulations. The Regulatory Information WordPerfect 8 or Word 2000. comments are imaged documents, instead of Service Center publishes the Unified You may also submit your comments word processing documents, the ‘‘pdf’’ Agenda in April and October of each versions of the documents are word to the docket electronically by logging year. You may use the RIN contained in searchable. onto the Dockets Management System the heading at the beginning of this website at http://dms.dot.gov. Click on Please note that even after the document to find this action in the ‘‘Help & Information’’ or ‘‘Help/Info’’ to comment closing date, we will continue Unified Agenda. obtain instructions for filing the to file relevant information in the VI. Preparation and Submission of document electronically. Docket as it becomes available. Further, Comments some people may submit late comments. How Can I Be Sure That My Comments Accordingly, we recommend that you When Is the Comment Closing Date? Were Received? periodically check the Docket for new NHTSA has determined that it is If you wish Docket Management to material. necessary to provide a comment period notify you upon its receipt of your List of Subjects in 49 CFR Part 538 of less than 60 days because of the comments, enclose a self-addressed, statutory requirement to issue a final stamped postcard in the envelope Energy conservation, Gasoline, rule by December 31, 2001. containing your comments. Upon Imports, Motor vehicles.
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In consideration of the foregoing, measurements for gaseous fuels other measurements for gaseous fuels other NHTSA proposes to amend 49 CFR part than natural gas. This part also extends than natural gas. This part also specifies 538 as follows: the dual-fuel incentive program. the model years after 2004 in which the fuel economy of dual-fueled PART 538—MANUFACTURING 3. Section 538.2 would be revised to read as follows: automobiles may be calculated under INCENTIVES FOR ALTERNATIVE the special incentive provisions found FUELED VEHICLES § 538.2 Purpose. in 49 U.S.C. 32905(b) and (d). 1. The authority citation for part 538 The purpose of this part is to specify 4. Section 538.9 would be added to of Title 49 would continue to read as one of the criteria in 49 U.S.C. chapter read as follows: follows: 329 ‘‘Automobile Fuel Economy’’ for § 538.9 Dual fuel vehicle incentive. Authority: 49 U.S.C. 32901, 32905, and identifying dual-fueled passenger The application of 49 U.S.C. 32905(b) 32906; delegation of authority at 49 CFR 1.50. automobiles that are manufactured in and (d) to qualifying dual fuel vehicles 2. Section 538.1 would be revised to model years 1993 through 2004. The is extended to the 2005, 2006, 2007, and read as follows: fuel economy of a qualifying vehicle is 2008 model years. calculated in a special manner so as to § 538.1 Scope. encourage its production as a way of Issued on March 6, 2002. This part establishes minimum facilitating a manufacturer’s compliance Stephen R. Kratzke, driving range criteria to aid in with the Corporate Average Fuel Associate Administrator for Safety identifying passenger automobiles that Economy Standards set forth in part 531 Performance Standards. are dual-fueled automobiles. It also of this chapter. The purpose is also to [FR Doc. 02–5790 Filed 3–6–02; 3:58 pm] establishes gallon equivalent establish gallon equivalent BILLING CODE 4910–59–P
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Notices Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER Reform Act of 1996 (1996 Act). Section Comments should be sent to the Desk contains documents other than rules or 136(a) of the 1996 Act authorizes Officer for Agriculture, Office of proposed rules that are applicable to the payments to eligible U.S. textile Information and Regulatory Affairs, public. Notices of hearings and investigations, manufacturers and exporters under the Office of Management and Budget, committee meetings, agency decisions and Upland Cotton User Marketing Washington, D.C. 20503, and to rulings, delegations of authority, filing of petitions and applications and agency Certificate Program if, for 4 consecutive Timothy Murray at the address listed statements of organization and functions are weeks, (1) the U.S. Northern Europe above. All comments will become a 3 examples of documents appearing in this price, as quoted for Middling 1 ⁄32-inch matter of public record. section. cotton, exceeds the Northern Europe A comment to OMB is best assured of price by more than 1.25 cents per having its full effect if OMB receives it pound, and (2) the prevailing upland within 60 days of publication. DEPARTMENT OF AGRICULTURE cotton adjusted world market price is Signed at Washington, DC, on February 15, less than 134 percent of the current-crop 2002. Commodity Credit Corporation base quality loan rate. Currently, to James R. Little, participate in the program, Request for Reinstatement and Executive Vice President, Commodity Credit manufacturers and exporters must sign Corporation. Revision of a Previously Approved an agreement with CCC using form [FR Doc. 02–5762 Filed 3–8–02; 8:45 am] Information Collection CCC–1045. Domestic manufacturers BILLING CODE 3410–05–P AGENCY: Commodity Credit Corporation must report to CCC their weekly (CCC), USDA. consumption of cotton as a basis for making payments. Exporters must ACTION: Notice and request for DEPARTMENT OF AGRICULTURE comments. provide basic shipping and invoice information for each shipment of cotton. Food Safety and Inspection Service SUMMARY: In accordance with the No change is proposed in the existing Paperwork Reduction Act of 1995, this information collection requirements, [Docket No. 02–001N] and program participants will not be notice announces the intention of CCC Codex Alimentarius Commission: 30th required to sign a new agreement upon to request reinstatement and revision of Session of the Codex Committee on OMB’s extension of this information an information collection previously Food Labelling approved with respect to the Upland collection. CCC provides a suggested Cotton User Marketing Certificate format for the reports but program AGENCY: Office of the Under Secretary Program (Step 2 program). The participants may submit the same for Food Safety, USDA. information collection will allow CCC to information to CCC in a format that is ACTION: Notice of public meeting, administer the Step 2 program. convenient for them. request for comments. DATES: Comments on this notice must be Estimate of Burden: Public reporting received on or before May 10, 2002, to burden for this information collection is SUMMARY: The Office of the Under be assured consideration. estimated to average 14 minutes per Secretary for Food Safety, U.S. response. ADDITIONAL INFORMATION OR COMMENTS: Department of Agriculture (USDA), and Respondents: U.S. cotton exporters Contact Timothy Murray, USDA, Farm the Food and Drug Administration and U.S. cotton mills. (FDA), are sponsoring a public meeting Service Agency, Warehouse and Estimated Number of Respondents: Inventory Division, Inventory on March 19, 2002, to provide 310. information and receive public Management Branch, STOP 0553, 1400 Estimated Number of Responses Per Independence Avenue, SW., comments on agenda items that will be Respondent: 65. discussed at the Codex Committee on Washington, DC 20250–0553, (202) 720– Estimated Total Annual Burden on Food Labelling (CCFL), which will be 7398; e-mail Respondents: 4,700 hours. [email protected]. Comments are requested regarding (a) held in Halifax, Canada on May 6–10, 2002. The Under Secretary and FDA SUPPLEMENTARY INFORMATION: whether the collection of information is necessary for the proper performance of recognize the importance of providing Title: Upland Cotton Domestic User/ interested parties the opportunity to Exporter Agreement and Payment the functions of the agency, including whether the information will have obtain background information on the Program. Thirtieth Session of the Food Labelling OMB Control Number: 0560–0136. practical utility; (b) the accuracy of the Committee of the Codex Alimentarius Expiration Date of Approval: February agency’s estimate of burden including Commission (Codex) and to address 28, 2002. the validity of the methodology and Type of Request: Reinstatement and assumptions used; (c) ways to enhance items on the Agenda for the 30th CCFL. Revision of a Previously-Approved the quality, utility and clarity of the DATES: The public meeting is scheduled Information Collection. information to be collected; and (d) for Tuesday, March 19th, 2002, from 1 Abstract: The information collected ways to minimize the burden of the p.m. to 5 p.m. under OMB Control Number 0560–0136, collection of information on those who ADDRESSES: The public meeting will be as identified above, allows CCC to are to respond, including through the held at the Auditorium, Harvey W. administer the Upland Cotton User use of appropriate automated, Wiley Federal Building, 5100 Paint Agreement and User Marketing electronic, mechanical, or other Branch Parkway, College Park, MD. To Certificate Program as authorized by the technological collection techniques or receive copies of the documents Federal Agriculture Improvement and other forms of information technology. referenced in the notice contact the FSIS
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Docket Clerk, U.S. Department of 1. Adoption of the Agenda. Therefore, to better ensure that these Agriculture, Food Safety and Inspection 2. Matters referred by the Codex groups and others are made aware of Service, Room 102, Cotton Annex, 300 Alimentarius Commission and other this meeting, FSIS will announce it and 12th Street, SW., Washington, DC Codex Committees. provide copies of the Federal Register 20250–3700. The documents will also 3. Consideration of Labelling publication in the FSIS Constituent be accessible via the World Wide Web Provisions in Draft Codex Standards. Update. at the following address: http:// 4. Guidelines for the Production, The Agency provides a weekly FSIS www.codexalimentarius.net. If you have Processing, Labelling and Marketing of Constituent Update, which is comments, please send an original and Organically Produced Foods: Proposed communicated via fax to over 300 two copies to the FSIS Docket Room, Draft Revised Sections: Section 5— organizations and individuals. In Docket #02–001N. All comments Criteria and Annex Annex 2—Permitted addition, the update is available on line submitted will be available for public Substances. through the FSIS Web page located at inspection in the Docket Clerk’s Office 5. (a) Draft Recommendations for the http://www.fsis.usda.gov. The update is between 8:30 a.m. and 4:30 p.m., Labelling of Foods obtained through used to provide information regarding Monday through Friday. Certain Techniques of Genetic Agency policies, procedures, FOR FURTHER INFORMATION CONTACT: Dr. Modification/Genetic Engineering (Draft regulations, Federal Register Notices, F. Edward Scarbrough, U.S. Manager for Amendment to the General Standard for FSIS public meetings, recalls and any Codex, U.S. Codex Office, FSIS Room the Labelling of Prepackaged Foods): other types of information that could 4861, South Building, 1400 Definitions. affect or would be of interest to our Independence Avenue SW., (b) Proposed Draft Recommendations constituents/stakeholders. The Washington, DC 20250–3700, Phone: for the Labelling of Foods obtained constituent fax list consists of industry, (202) 205–7760, Fax: (202) 720–3157. through Certain Techniques of Genetic trade, and farm groups, consumer Persons requiring a sign language Modification/Genetic Engineering interest groups, allied health interpreter or other special (Proposed Draft Guidelines for the professionals, scientific professionals accommodations should notify Dr. F. Labelling of Foods and Food Ingredients and other individuals that have Edward Scarbrough at the above Obtained through Certain Techniques of requested to be included. Through these telephone number. Genetic Modification/Engineering): various channels, the Agency is able to Labelling Provisions. provide information with a much SUPPLEMENTARY INFORMATION: 6. Draft Amendment to the General broader, more diverse audience. Background Standard for the Labelling of For more information and to be added Prepackaged Foods (Class names). to the constituent fax list, fax your Codex was established in 1962 by two 7. Proposed Draft Amendment to the request to the Office of Congressional United Nations organizations, the Food Guidelines on Nutrition Labelling and Public Affairs, at (202) 720–5704. and Agriculture Organization (FAO) and (Section 3.2 Listing of Nutrients). the World Health Organization (WHO). Done at Washington, DC, on March 6, 8. Proposed Draft Recommendations 2002. Codex is the major international for the Use of Health and Nutrition F. Edward Scarbrough, organization for protecting the health Claims. and economic interests of consumers 9. Proposed Draft Amendment to the U.S. Manager for Codex Alimentarius. and encouraging fair international trade General Standard for the Labelling of [FR Doc. 02–5761 Filed 3–8–02; 8:45 am] in food. Through adoption of food Prepackaged Foods: Quantitative BILLING CODE 3410–DM–P standards, codes of practice, and other Declaration of Ingredients. guidelines developed by its committees, 10. Discussion Paper on Country of and by promoting their adoption and Origin Labelling. DEPARTMENT OF AGRICULTURE implementation by governments, Codex 11. Discussion Paper on Misleading Forest Service seeks to ensure that the world’s food Claims. supply is sound, wholesome, free from Each issue listed will be fully Red Star Restoration; Tahoe National adulteration, and correctly labeled. In described in documents distributed, or Forest, Placer County, CA the United States, USDA, FDA, and EPA to be distributed, by the Canadian manage and carry out U.S. Codex Secretariat to the Meeting. Members of AGENCY: Forest Service, USDA. activities. the public may access or request copies ACTION: Notice of intent to prepare an The Codex Committee on Food of these documents (see ADDRESSES). environmental impact statement. Labeling drafts provision on labeling applicable to all foods; considers, Public Meeting SUMMARY: The Star Fire burned 16,600 amends if necessary, and endorses At the March 19th public meeting, the acres in August and September 2001, on specific provisions on labeling of draft agenda items will be described, the Tahoe and Eldorado National standards, codes of practice, and discussed, and attendees will have the Forests. Of the total fire, approximately guidelines prepared by other Codex opportunity to pose questions and offer 9,478 acres of National Forest System committees; studies specific labeling comments. Comments may be sent to (NFS) land burned on the Foresthill problems assigned to it by the the FSIS Docket Room (see ADDRESSES). Ranger District of the Tahoe National Commission; and studies problems Written comments should state that they Forest. The USDA, Forest Service, associated with the advertisement of relate to activities of the 30th CCFL. Tahoe National Forest will prepare an food with particular reference to claims environmental impact statement (EIS) Additional Public Notification and misleading descriptions. The on a proposal to reduce the fuel loading Committee is chaired by Canada. Pursuant to Departmental Regulation by removing fire-killed trees on 4300–4, ‘‘Civil Rights Impact Analysis,’’ approximately 7,700 acres on the Issues To Be Discussed at the Public dated September 22, 1993, FSIS has Foresthill Ranger District as a result of Meeting considered the potential civil rights the Star Fire. The Eldorado National The provisional agenda items will be impact of this notice on minorities, Forest is preparing a separate discussed during the public meeting: women, and persons with disabilities. environmental impact statement for
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NFS land burned on the Eldorado titled designed to be consistent with the 1990 (for approximately 1.2 miles) are within Star Fire Restoration (February 2001). Tahoe National Forest Land and the Duncan Canyon IRA. Both EISs will address cumulative Resource Management Plan as amended The decision to be made is whether to effects of the projects. by the Sierra Nevada Forest Plan implement fuel reduction treatments to The purpose of the project is to Amendment Record of Decision. restore desirable characteristics of the manage predicted surface fuel The Interdisciplinary Team has ecosystem composition and structure accumulations resulting from fire-killed defined fire-killed trees as trees that (Old Forest characteristics) as proposed trees and vegetation to move the have dead (black or brown) crowns. or to take no action. Alternatives to this conditions towards natural fire regimes This approach was used to ensure that proposal would be developed based on more rapidly, re-establish forest only dead, fire-killed trees would be significant issues identified during the vegetation to restore old forest considered for removal. Approximately scoping process for the environmental characteristics and wildlife habitat, 3,700 acres of trees are dead. Stands that impact statement. Alternatives being restore riparian and upslope areas and meet the stand replacement criteria are considered at this time include: (1) No improve current conditions, initiate areas with greater than 75% mortality Action and (2) the Proposed Action. restoration of the scenery and recreation based on stand basal area and Public participation is important experience, operate and manage the considered in the proposed action. during the analysis. The Forest Service road system necessary to provide access, Based on field inventories conducted in will be seeking information, comments, and capture the value of fire-killed trees the fall of 2001, stand replacement is and assistance from the Federal, State, in order to obtain revenue for predicted to occur during the next 1–3 and local agencies and other individuals restoration activities. These actions are years on an additional 4,000 acres. or organizations that may be interested required to reduce the risk of These acres would be monitored and no in or affected by the proposed action. To uncharacteristic wildfire effects and to burned trees would be removed until facilitate public participation, establish forest vegetation to restore the the stand meets the stand replacement information about the proposed action old forest dependent wildlife habitats. criteria and the fire-killed definition is being mailed to all who have DATES: Comments concerning the scope (dead-crown criteria) mentioned above. expressed interest in the proposed and implementation of this proposal The proposed action is to: action based on publication in the should be received by April 8, 2002. 1. Cut and remove dead materials Tahoe National Forest Quarterly ADDRESSES: Send written comments to greater than one-inch diameter at breast Schedule of Proposed Actions and by Karen Jones, Red Star Restoration height (dbh) that is excess to the desired notifying the public during the scoping Project Leader, Tahoe National Forest, condition for fuels reduction, wildlife period by publishing a notice in the 22830 Foresthill Rd, Foresthill, CA retention, and other resource needs. Auburn Journal, Auburn, CA and The 95631 or e-mail to: Remove commercial material and Union, Grass Valley, CA. [email protected]. ground-based equipment on Comments submitted during the scoping process should be in writing, FOR FURTHER INFORMATION CONTACT: approximately 382 acres; with skyline Questions and comments about this EIS yarding systems on approximately 305 and should be specific to the proposed should be directed to Karen Jones, at the acres; and by helicopter yarding systems action. The comments should describe above address, or call her at 530–367– on approximately 2,417 acres. as clearly and completely as possible 2224. Approximately 1,033 acres of those any issues the commenter has with the proposal. The scoping process includes: SUPPLEMENTARY INFORMATION: proposed for helicopter yarding lie within the Duncan Canyon IRA. An (a) Identifying potential issues; Approximately 4,363 acres of the 9,478 (b) Identifying issues to be analyzed additional 1,060 acres of mechanical acres that burned on the Star Fire within in depth; the Tahoe National Forest are within the fuel treatment (piling, hand felling and (c) Eliminating non-significant issues Duncan Canyon Inventoried Roadless piling, crushing, mastication) of smaller or those previously covered by a Area (IRA). The goal of this project is to diameter material is proposed. relevant previous environmental maintain the existing un-roaded 2. Reforest conifer stand with greater analysis; character within the Duncan Canyon than 75 percent mortality by planting (d) Exploring additional alternatives; IRA and reduce fire-killed fuel approximately 3,369 acres of conifer (e) Identifying potential accumulations utilizing helicopter- seedlings. environmental effects of the proposed yarding systems. 3. Provide soil cover by lopping and action and alternatives. The Tahoe National Forest Land and scattering limbs and tops of fire-killed The draft EIS is expected to be filed Resource Management Plan (1990) and trees that are removed. with the Environmental Protection the Sierra Nevada Framework Plan 4. Exclude the removal of fire-killed Agency (EPA) and to be available for Amendment (2001) identifies the trees from within 50 feet of the apparent public review by April 2002. EPA will desired land allocations for this area as high water mark of perennial streams publish a notice of availability of the Inventoried Roadless Area (4,363 acres), and within 25 feet of seasonally flowing draft EIS in the Federal Register. The California spotted owl Protected streams. Outside of these limits, but comment period on the draft EIS will be Activity Centers (PACs) (1,120 acres), within the Riparian Conservation Area 45 days from the date the EPA notice Northern goshawk PACs (730 acres), (RCA) boundaries, remove fire-killed appears in the Federal Register. At that Old Forest Emphasis Areas (7,618 trees by helicopter yarding. time, copies of the draft EIS will be acres), Home Range Core Areas (2,145 5. Cut and remove imminent hazard distributed to interested and affected acres), Defense Zone (316 acres), Threat trees along approximately 11 to 13 miles agencies, organizations, and members of Zone (1,985 acres), and General Forest of the Western States and Tevis Cup the public for their review and (224 acres). Many of the acres overlap Trails. comment. It is very important that those due to shared allocations. Each 6. Perform maintenance and repairs interested in the management of the allocation has a set of standards and on 44 (about 52 miles) of NFS roads. Tahoe National Forest participate at that guidelines that determine how Decommission approximately 11 miles time. management would proceed within the of 22 National Forest System roads after The Forest Service believes it is allocation. The proposed action is fire restoration work. Three of the roads important to give reviewers notice at
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this early stage of several court rulings DEPARTMENT OF AGRICULTURE ADDRESSES: The meeting will be held at related to public participation in the the Miners Inn and Convention Center, environmental review process. First, Forest Service 122 E. Miner Street, Yreka, California. reviewers of a draft EIS must structure FOR FURTHER INFORMATION CONTACT: their participation in the environmental Colville Resource Advisory Committee Heidi Perry, Meeting Coordinator, review of the proposal so that it is (RAC); Meeting USDA, Klamath National Forest, 1312 meaningful and alerts an agency to the AGENCY: Forest Service, USDA. Fairlane Road, Yreka, California 96097, reviewer’s position and contentions, (530) 841–4468; e-mail: Vermont Yankee Nuclear Power Corp. v. ACTION: Notice of meeting. [email protected]. NRDC, 435 U.S. 519, 553 (1978). Also, SUMMARY: The Colville Resource SUPPLEMENTARY INFORMATION: Agenda environmental objections that could be Advisory Council will meet on items to be covered include: (1) Roles raised at the draft EIS stage, but that are Thursday, March 21, 2002 at the and Responsibilities for Advisory not raised until after completion of the Spokane Community College, Colville Committees; (2) Critic Public Proposal final EIS may be waived or dismissed by Campus Room 107 at 985 S. Elm Street, Workshop; (3) Project Submittal the courts, City of Angoon v. Hodel, Colville, Washington. The meeting will Process; (4) Project Timelines and (5) 803f, 2d 1016, 1022 (9th Cir, 1986) and begin at 9 a.m. and conclude at 4 p.m. Public Comment. The meeting is open Wisconsin Heritages, Inc. v. Harris, 490 Agenda items include: (1) Review, to the public. Public input opportunity F. Supp. 1334, 1338 (E.D. Wis. 1980). will be provided and individuals will Because of these court rulings, it is very modify and approve minutes from February meeting; (2) review and have the opportunity to address the important that those interested in this Committee at that time. proposed action participate by the close recommend Title II Projects to be of the comment period so that submitted to the forest designated Dated: March 5, 2002. substantive comments and objections official; (3) review and approve the RAC Margaret J. Boland, are made available to the Forest Service Communication Plan; and (4) develop Forest Supervisor. at a time when it can meaningfully agenda for next meeting. [FR Doc. 02–5701 Filed 3–8–02; 8:45 am] consider them and respond to them in FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410–11–M the final EIS. Direct questions regarding this meeting To assist the Forest Service in to designated federal official, Nora identifying and considering issues and Rasure or Cynthia Reichelt, Public DEPARTMENT OF AGRICULTURE concerns on the proposed action, Affairs Officer, Colville National Forest, Forest Service comments on the proposed action 765 S. Main, Colville, Washington 99114, (509) 684–7000. should be as specific as possible. It is Central Idaho Resource Advisory also helpful if comments refer to Dated: March 1, 2002. Committee, Salmon-Challis National specific pages or chapters of the Nora B. Rasure, Forest, Butte, Custer, and Lemhi proposed action. Comments may also Forrest Supervisor. Counties, ID address the adequacy of the proposed [FR Doc. 02–5700 Filed 3–8–02; 8:45 am] action or the merits of the alternatives AGENCY: Forest Service, USDA. BILLING CODE 3410–11–M formulated and discussed in the ACTION: Notice of meeting of the statement. (Reviewers may wish to refer Resource Advisory Committee. to the Council on Environmental DEPARTMENT OF AGRICULTURE SUMMARY: Quality Regulations for implementing The Central Idaho Resource Advisory Committee will meet at 1 p.m., the procedural provisions of the Forest Service National Environmental Policy Act at 40 March 20, 2002 at the Custer County CFR 1503.3 in addressing these points). Siskiyou County Resource Advisory Courthouse, 4th and Main, Challis, Committee Idaho. The final EIS would be completed in The 15-member committee will July 2002. In the final EIS, the Forest AGENCY: Forest Service, USDA. establish procedures for evaluating Service is required to respond to ACTION: Notice of meeting. proposed projects and for substantive comments received during recommending projects to the Salmon- the comment period that pertain to the SUMMARY: The Siskiyou County Challis National Forest. The committee environmental consequences discussed Resource Advisory Committee (RAC) will also discuss individual project in the draft EIS and applicable laws, will meet on March 18, 2002, in Yreka, proposals for 2002. The meeting is open regulations, and policies considered in California. The purpose of the meeting to the public and time will be scheduled making the decision regarding this is to discuss the following topics: for public comments. proposal. Contracts, implementation on private The Central Idaho Resource Advisory Steven T. Eubanks, Forest Supervisor, lands versus public; Develop a tool for Committee was established by the Tahoe National Forest is the responsible feedback to applicants; Invited back Secretary of Agriculture under Title II of official. As the responsible official he proponents, presentation or/and site the Secure Rural Schools and will document the decision and reasons visits; Non-approved or multi-year Community Self-Determination Act of for the decision in the Record of projects; Develop a progress report for 2000 to work collaboratively with the Decision. That decision will be subject dollars allocated; Decide funding Salmon-Challis National Forest to to Forest Service appeal regulations (36 mechanism; Monitoring design; and provide advice and recommendations CFR part 215). Overhead Rate. consistent with the purposes of the Act. Dated: March 5, 2002. March 25, 2002 meeting will be George P. Matejko, Steven T. Eubanks, review and rating of local proposals. Forest Supervisor, Salmon-Challis National Forest Supervisor. DATES: The meetings will be held March Forest, Designated Federal Official. [FR Doc. 02–5773 Filed 3–8–02; 8:45 am] 18, 2002 from 3 p.m. to 6 p.m. and [FR Doc. 02–5774 Filed 3–8–02; 8:45 am] BILLING CODE 3410–11–M March 25, 2002 from 9 a.m. to 3 p.m. BILLING CODE 3410–11–M
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DEPARTMENT OF AGRICULTURE (This activity is listed in the Catalog of provided in the environmental Federal Domestic Assistance under No. assessment. Natural Resources Conservation 10.904—Watershed Protection and Flood Copies of the Finding of No Service Prevention and is subject to the provisions of Significant Impact are available from Executive Order 12372 which requires RUS at the address provided herein or Shammack Creek Watershed, Kemper intergovernmental consultation with State and local officials.) from Mr. Bob Hughes of East Kentucky County, MS Power Association, P.O. Box 707, Dated: February 11, 2002. Winchester, Kentucky 40391; telephone AGENCY: Natural Resources Homer L. Wilkes, (859) 744–4812 Mr. Hughes’s e-mail Conservation Service. State Conservationist. address is [email protected]. Copies of ACTION: Notice of a finding of no [FR Doc. 02–5752 Filed 3–8–02; 8:45 am] the environmental assessment are significant impact. BILLING CODE 3410–16–P available for review at East Kentucky Power Association and RUS at the SUMMARY: Pursuant to section 102(2) (C) addresses provided herein. of the National Environmental Policy DEPARTMENT OF AGRICULTURE Act of 1969; the Council on Dated: March 4, 2002. Environmental Quality Regulations (40 Rural Utilities Service Blaine D. Stockton, CFR part 1500); and the Natural Assistant Administrator, Electric Program, Resources Conservation Service East Kentucky Power Association; Rural Utilities Service. Regulations (7 CFR part 650); the Notice of Finding of No Significant [FR Doc. 02–5685 Filed 3–8–02; 8:45 am] Natural Resources Conservation Service, Impact BILLING CODE 3410–15–P U.S. Department of Agriculture, gives AGENCY: Rural Utilities Service, USDA. notice that an environmental impact ACTION: statement is not being prepared for Notice of finding of no DEPARTMENT OF AGRICULTURE significant impact. Shammack Creek Watershed, Kemper Rural Utilities Service County, Mississippi. SUMMARY: Notice is hereby given that FOR FURTHER INFORMATION CONTACT: the Rural Utilities Service (RUS) has Georgia Transmission Corporation; Homer L. Wilkes, State Conservationist, made a finding of no significant impact Notice of Finding of No Significant Natural Resources Conservation Service, with respect to the construction and Impact operation of two, 268 megawatt coal- Suite 1321, A.H. McCoy Federal AGENCY: Rural Utilities Service, USDA. Building, 100 West Capitol Street, fired electric generation units in Mason ACTION: Notice of finding of no Jackson, Mississippi 39269, telephone County, Kentucky. East Kentucky Power significant impact. 601–965–5205. Association proposes to construct and SUPPLEMENTARY INFORMATION: The operate the units. The Rural Utilities SUMMARY: Notice is hereby given that environmental assessment of this Service (RUS) may provide financing for the Rural Utilities Service (RUS) has Federal assisted action indicates that the the two units. made a finding of no significant impact project will not cause significant local, FOR FURTHER INFORMATION CONTACT: Bob (FONSI) with respect to a request from regional, or national impacts on the Quigel, Environmental Protection Georgia Transmission Corporation for environment. As a result of these Specialist, Engineering and assistance from the RUS to finance the findings, Homer L. Wilkes, State Environmental Staff, RUS, Stop 1571, construction of a 230/115 kV Conservationist has determined that the 1400 Independence Avenue, SW, transmission line in Gwinnett and Hall preparation and review of an Washington, DC 20250–1571, telephone Counties, Georgia. environmental impact statement are not (202) 720–0468, e-mail at FOR FURTHER INFORMATION CONTACT: Bob needed for this project. [email protected]. Quigel, Environmental Protection The project concerns a watershed SUPPLEMENTARY INFORMATION: East Specialist, Engineering and plan to provide supplemental flood Kentucky Power Cooperative proposes Environmental Staff, RUS, Stop 1571, protection and reduce threat to loss of to construct two, 268-megawatt coal 1400 Independence Avenue, SW., life from sudden dam failure to the fired electric generation units at its Washington, DC 20250–1571, telephone residents of the Shammack Creek Spurlock Station in Maysville, (202) 720–0468, fax (202) 720–0820, Watershed and others. The planned Kentucky. Maysville is located in Mason e-mail at [email protected]. works of improvement consists of County along the Ohio River. The two SUPPLEMENTARY INFORMATION: Georgia rehabilitating floodwater retarding new generation units are to be named Transmission Corporation proposes to structure (FWRS) No. 2. The Notice of Gilbert Units 3 and 4. The units would construct a 230 kV electric transmission a Finding of No Significant Impact consist of two circulating fluidized bed line from the Spout Springs Road (FONSI) has been forwarded to the boilers, two turbine-generators, two Substation to be located in Hall County Environmental Protection Agency and baghouses, two sulfur dioxide removal 2000 feet East of the intersection of to various Federal, State, and local systems, two selective non-catalytic Williams Road and Spout Springs Road, agencies and interested parties. A reduction units, and two 720-foot and traverse southwest paralleling an limited number of copies of the FONSI stacks. The project would also include existing Georgia Power Company 500 are available to fill single copy requests a double-circuit 345-kilovolt kV transmission line for approximately at the above address. Basic data transmission line from the Spurlock 4 miles. Approximately 1⁄2 mile of this developed during the environmental Station to an existing 345-kV line will deviate from the existing right- assessment are on file and may be transmission line in Brown County, of-way to minimize impacts to local reviewed by contacting Homer L. Ohio. The length of the transmission residences. The right-of-way for this Wilkes. No administrative action on line would be approximately 3.5 miles portion of the transmission line will be implementation of the proposal will be and would parallel an existing 138 kV widened 100 feet. At about 1⁄2 mile taken until 30 days after the date of this transmission line that crosses the Ohio southwest of Hamilton Mill Road in publication in the Federal Register. River. Further details of the project are Gwinnett County the transmission line
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will turn to the northwest on an existing (FY) 2002. For FY 2002, $27 million in 2002 as $500,000. The maximum Georgia Power Company 115 kV grants and $300 million in loans will be amount for a loan, generally, that will be transmission line right-of-way for made available for distance learning and considered for funding in FY 2002 is approximately 5 miles. The existing 115 telemedicine projects serving rural $10 million. However, RUS may fund a kV transmission line will be America. The funding will be provided project greater than $10 million subject reconstructed as an underbuild of the in three categories: (1) $17 million will to the project’s feasibility and the 230 kV transmission line. (The 230 kV be available for grants; (2) $200 million availability of loan funds. and 115 kV transmission lines would will be available for loans; and (3) $110 Applications for financial assistance share the same transmission line million will be available for must be submitted in accordance with 7 support structures.) The existing right- combination grants and loans ($100 CFR part 1703, subparts D, E, F, and G, of-way will not need to be widened. The million in loans paired with $10 million which establish the policies and transmission line would then turn to the in grants, i.e., $10 loan: $1 grant ratio). procedures for submitting an southwest on a new right-of-way along DATES: Applications for grants must be application for financial assistance. Peachtree Industrial Boulevard for postmarked no later than May 13, 2002. These subparts and an application guide approximately 1.6 miles to the Shoal Applications for FY 2002 loans or to assist in the preparation of Creek Substation to be located in combination loans and grants may be applications are available on the Gwinnett County southwest of the submitted at anytime up to August 31, Internet at the following address: http:/ intersection of Tuggle Greer Road and 2002, and will be processed on a first- /www.usda.gov/rus/telecom/dlt/ Peachtree Industrial Boulevard. (Georgia come, first serve basis. dltpublications.htm. Application guides Power Company will construct the ADDRESSES: Applications are to be may also be requested from RUS by Shoal Creek Substation.) The new right- submitted to the Rural Utilities Service, contacting the Distance Learning and of-way will be forty (40) feet in width. U.S. Department of Agriculture, 1400 Telemedicine Branch, USDA–RUS, This portion of the transmission line Independence Avenue, SW., STOP Phone: (202) 720–0413. will also be underbuilt with a 115 kV 1550, Washington, DC 20250–1550. Dated: March 4, 2002. transmission line. Both the 230 kV and Applications should be marked Hilda Gay Legg, the 115 kV transmission lines will ‘‘Attention: Director, Advanced Services Administrator, Rural Utilities Service. connect to the Shoal Creek Substation. Division, Telecommunications [FR Doc. 02–5732 Filed 3–8–02; 8:45 am] The portion of the 230 kV transmission Program.’’ BILLING CODE 3410–15–P line to parallel the 500 kV transmission FOR FURTHER INFORMATION CONTACT: line will be supported by single pole Marilyn J. Morgan, Branch Chief, concrete structures. The 230 kV portion Distance Learning and Telemedicine DEPARTMENT OF COMMERCE of the transmission line to be underbuilt Branch, U.S. Department of Agriculture, with the 115 kV transmission line will Rural Utilities Service, STOP 1550, Bureau of Export Administration be supported by single pole steel or Room 2838, South Building, 1400 concrete structures. It is anticipated that Independence Avenue, SW., Action Affecting Export Privileges; the transmission lines will be completed Washington, DC 20250–1550. Infocom Corporation, Inc., Tetrabal and energized by May 2003. Telephone: (202) 720–0413, FAX: (202) Corporation, Ihsan Medhat ‘‘Sammy’’ Copies of the FONSI are available for 720–1051. Elashi, Also Known as I. Ash and review at, or can be obtained from, RUS SUPPLEMENTARY INFORMATION: For FY Haydee Herrera and Doing Business as at the address provided herein or from 2002, $17 million in grants, a Kayali Corp.; Abdulah Al Nasser, Ms. Wende Martin, Georgia combination of $10 million in grants Maysson Al Kayali, Mynet. Net Corp. Transmission Corporation, 2100 East paired with $100 million in loans, and Bayan Medhat Elashi, Ghassan Elashi, Exchange Place, Tucker, Georgia 30085– $200 million in loans will be made Basman Medhat Elashi, Hazim Elashi, 2088, telephone (770) 270–7591. Ms. available for distance learning and Fadwa Elafrangi; Renewal of Order Martin’s e-mail address is telemedicine projects. RUS encourages Temporarily Denying Export Privileges [email protected]. early submission of grant applications to Dated: March 5, 2002. determine whether all required items In the Matter of: Infocom Corporation, Inc., 630 International Parkway, Suite 100, Blaine D. Stockton, specified in 7 CFR 1703.125 are clearly Richardson, Texas 75081; Tetrabal Assistant Administrator, Electric Program, in form, identifiable, and complete. RUS Corporation, Inc., 605 Trail Lake Drive, Rural Utilities Service. will examine, provide comment, and Richardson, Texas 75081, and 908 Audelia [FR Doc. 02–5734 Filed 3–8–02; 8:45 am] return applications that include items Road, Suite 200, PMB #245, Richardson, BILLING CODE 3410–15–P that would disqualify them from further Texas 75081, and Ihsan Medhat ‘‘Sammy’’ consideration for modification if they Elashi also known as: I. Ash and Haydee are submitted by Friday, April 12, 2002. Herrera, and doing business as Kayali Corp., DEPARTMENT OF AGRICULTURE All applications for grants must be 605 Trail Lake Drive, Richardson, Texas 75081 and 908 Audelia Road, Suite 200, PMB postmarked no later than Monday, May Rural Utilities Service #245, Richardson, Texas 75081; Respondents 13, 2002, to be eligible for FY 2002 grant Abdulah Al Nasser, 605 Trail Lake Drive, funding. Each application will be Distance Learning and Telemedicine Richardson, Texas 75081 and 908 Audelia reviewed for completeness in Road, Suite 200, PMB #245, Richardson, Loan and Grant Program accordance with 7 CFR part 1703, Texas 75081; Maysoon Al Kayali, 605 Trail AGENCY: Rural Utilities Service, USDA. subparts D, E, F, and G. Ineligible Lake Drive, Richardson, Texas 75081 and 908 applications will be returned within 15 Audelia Road, Suite 200, PMB #245, ACTION: Notice of application filing Richardson, Texas 75081; Mynet.Net Corp, deadline. working days of receipt. Notice is hereby given that under 7 Richardson, Texas 75081 and 908 Audelia Road, Suite 200, PMB #245, Richardson, SUMMARY: The Rural Utilities Service CFR 1703.124, 1703.133, and 1703.143, Texas 75081; Bayan Medhat Elashi, 1810 (RUS) announces its Distance Learning RUS has determined the maximum Auburn, Richardson, Texas 75081; Ghassan and Telemedicine Program application amount of an application for a grant that Elashi, 304 Town House Lane, Richardson, window for funding during fiscal year will be considered for funding in FY Texas 75081; Basman Medhat Elashi, 1506
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Willow Crest Drive, Richardson, Texas goods in violation of the original denial Elashi, 937 Stone Trail Drive, Plano, 75081; Hazim Elashi, 937 Stone Trail Drive, order. Since the September 6 order, Texas 75023; Fadwa Elafrangi; 306 Plano, Texas 75023; Fadwa Elafrangi, 306 Ihsan Elashi has made at least 10 Town House Lane; Richardson, Texas Town House Lane, Richardson, Texas 75081; exports of computer equipment that 75081, and Abdulah Al Nasser, Related persons. violated the order. Abdulah Al Nasser Maysoon Al Kayali, and Mynet.net Through the Office of Export and Maysoon Al Kayali assisted Ihsan Corp, all three at the same addresses as Enforcement (‘‘OEE’’), the Bureau of Elashi in making some of these exports Tetrabal, (‘‘the related persons’’) Export Administration (‘‘BXA’’), United in violation of the denial order. (together, the denied person and the States Department of Commerce, has Additionally, Ihsan Elashi used related persons are ‘‘persons subject to asked me to renew and modify the order Mynet.net as the exporter for at least this order’’) may not, directly or pursuant to Section 766.24 of the Export one of the shipments. In several of these indirectly, participate in any way in any Administration Regulations (currently exports, Ihsan Elashi used concealment transaction involving any commodity, codified at 15 CFR parts 730–774 and subterfuge to attempt to conceal his software or technology (hereinafter (2001)) (‘‘EAR’’ or ‘‘Regulations’’),1 exports which violated the terms of the collectively referred to as ‘‘item’’) temporarily denying all United States September 6 order. exported or to be exported from the export privileges to Infocom The Assistant Secretary for Export United States that is subject to the Corporation, Inc., 630 International Enforcement previously found the TDO Export Administration Regulations Parkway, Suite 100, Richardson, Texas was consistent with the public interest (EAR), or in any other activity subject to 75081 (‘‘Infocom’’) that was issued on to preclude future violations of the the EAR, including, but not limited to: September 6, 2001.2 BXA has asked that Regulations. I find that the need for the A. Applying for, obtaining, or using I modify the order by naming Tetrabal TDO continues. The evidence that any license, License Exception, or Corporation, Inc. (‘‘Tetrabal’’) and Ihsan Infocom commited repeated violations export control document; Medhat ‘‘Sammy’’ Elashi (‘‘Ihsan of the Regulations that were deliberate B. Carrying on negotiations Elashi’’) as respondents rather than and covert, that it actively sought to concerning, or ordering, buying, related persons, and that I list modified engage in further export transacitons, receiving, using, selling, delivering, addresses and aliases as set out in the that, given the nature of the items storing, disposing of, forwarding, caption of this order. Further, BXA has shipped, future violations could go transporting, financing, or otherwise asked that I add the following related undetected makes it necessary to give servicing in any way, any transaction persons: Abdulah Al Nasser; Maysoon notice to companies in the United States involving any item exported or to be Al Kayali; and Mynet.Net Corp, all with and abroad that they should cease exported from the United States that is addreses at: 605 Trail Lake Drive, dealing with the respondents in export subject to the EAR, or in any other Richardson, Texas 75081 and 908 transactions involving U.S.-origin items, activity subject to the EAR; or Audelia Road, Suite 200, PMB #245, and that Infocom has continued doing C. Benefiting in any way from any Richardson, Texas 75081. business with Ihsan Elashi and Tetrabal. transaction involving any item exported In its request, BXA states that, based The need for the continuation of the or to be exported from the United States upon the evidence previously adduced TDO and the naming of Ihsan Elashi and that is subject to the EAR, or in any and the continuing investigation by Tetrabal as denied persons is also other activity subject to the EAR. OEE, BXA believes that Infocom, established by the flagrant violations of Second, that no person may, directly Tetrabal, and Ihsan Elashi have violated the order that have ocurred more or indirectly, do any of the following: the Regulations by shipping and recently. A TDO that also names Ihsan A. Export or reexport to or on behalf attempting to ship goods to Libya and Elashi and Tetrabal is clearly consistent of a person subject to this order any Syria without obtaining the necessary with the public interest to preclude item subject to the EAR; authorizations from BXA and further future violations of the Regulations. B. Take any action that facilities the violated the Regulations by shipping Accordingly, I am renewing this order acquisition or attempted acquisition by with the amendments requested by BXA a person subject to this order of the 1 The Regulations were issued pursuant to the because I have concluded that a TDO is ownership, possession, or control of any Export Administration Act of 1979 (‘‘Act’’), 50 necessary, in the public interest, to item subject to the EAR that has been or U.S.C. app. sections 2401–2420 (1994 & Supp. IV prevent an imminent violation of the will be exported from the United States, 1998), as reauthorized by Act of November 13, Regulations. including financing or other support 2000, Pub. L. 106–508, 114 Stat. 2360. The Act lapsed on August 20, 2001. Pursuant to the It is therefore ordered: First, that activities related to a transaction International Emergency Economic Powers Act (50 Infocom Corporation, Inc., 630 whereby a person subject to this order U.S.C. 1701–1706 (1994 & Supp. IV 1998)), the International Parkway, Suite 100, acquires or attempts to acquire such President, through Executive Order 13222 of August Richardson, Texas 75081, Tetrabal ownership, possession or control; 17, 2001 (66 FR 44025 (August 22, 2001)), has Corporation, Inc., 605 Trail Lake Drive, continued the Regulations in force. C. Take any action to acquire from or 2 On February 27, 2002, Counsel for Infocom filed Richardson, Texas 75081 and 908 to facilitate the acquisition or attempted Opposition of Infocom Corporation, Inc., Bayan Audelia Road, Suite 200, PMB #245, acquisition from a person subject to this Medhat Elashi, Ghassan Elashi and Basman Medhat Richardson, Texas 75081, and Ihsan order of any item subject to the EAR that Elashi (‘‘The Three Brothers’’) to Renewal of Order Medhat ‘‘Sammy’’ Elashi, also known as has been exported from the United Temporarily Denying Export Privileges. On March 1, 2002, counsel for OEE filed ‘‘Response to I. Ash and Haydee Herrera, same States; Opposition of Infocom Corporation, Inc, et al. to addresses as Tetrabal, (collectively, ‘‘the D. Obtain from a person subject to this Renewal Order Temporarily Denying Export denied persons’’) and the following order in the United States any item Privileges (TDO)’’ (‘‘OEE Response’’). The OEE persons subject to the order by their subject to the EAR with knowledge or Response argues that The Three Brothers lack standing because they are ‘‘Related Persons’’ in the relationship to the denied person Bayan reason to know that the item will be, or September 6th Order and, as such, may not oppose Medhat Elashi, 810 Auburn, is intended to be, exported from the Renewal of the Order. OEE cites § 766.2(3)(c) of the Richardson, Texas 75081; Ghassan United States; or EAR as authority for its position. I find the Elashi, 304 Town House Lane, E. Engage in any transaction to service arguments raised by OEE on this issue, both in its pleadings and at oral argument, to be persuasive. Richardson, Texas 75081; Basman any item subject to the EAR that has Only Infocom has standing to oppose Renewal of Medhat Elashi, 1506 Willow Crest been or will be exported from the the TDO. Drive, Richardson, Texas 75081; Hazim United States and which is owned,
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possessed or controlled by a person DEPARTMENT OF COMMERCE The Department has now completed subject to this order, or service any item, the antidumping duty administrative of whatever origin, that is owned, International Trade Administration review in accordance with section 751 possessed or controlled by a person [A–570–852] of the Act. subject to this order if such service Scope of Order involves the use of any item subject to Creatine Monohydrate From the the EAR that has been or will be People’s Republic of China; Final The product covered by this order is exported from the United States. For Results of Antidumping Duty Review creatine monohydrate, which is purposes of this paragraph, servicing commonly referred to as ‘‘creatine.’’ The means installation, maintenance, repair, AGENCY: Import Administration, chemical name for creatine modification or testing. International Trade Administration, monohydrate is N-(aminoiminomethyl)- Department of Commerce. Third, that, in addition to the related N-methylglycine monohydrate. The persons named above, after notice and ACTION: Notice of final results of Chemical Abstracts Service (‘‘CAS’’) opportunity for comment as provided in antidumping duty review. registry number for this product is 6020–87–7. Creatine monohydrate in its section 766.23 of the EAR, any other SUMMARY: On November 6, 2001, the pure form is a white, tasteless, odorless person, firm, corporation, or business Department of Commerce published the powder, that is a naturally occurring organization related to the denied preliminary results of the administrative person by affiliation, ownership, review of the antidumping duty order metabolite found in muscle tissue. control, or position of responsibility in on creatine monohydrate from the Creatine monohydrate is provided for in the conduct of trade or related services People’s Republic of China. We gave subheading 2925.20.90 of the may also be made subject to the interested parties an opportunity to Harmonized Tariff Schedule of the provisions of this order. comment. Based upon our analysis of United States (‘‘HTSUS’’). Although the Fourth, that this order does not the comments and information received, HTSUS subheading and the CAS prohibit any export, reexport, or other we have made changes to the margin registry number are provided for transaction subject to the EAR where the calculations presented in the final convenience and customs purposes, the only items involved that are subject to results of the review. We find that written description of the scope of this the EAR are the foreign-produced direct creatine monohydrate from the People’s proceeding is dispositive. product of U.S.-origin technology. Republic of China was not sold in the Period of Review United States below normal value. In accordance with the provisions of The period of review (‘‘POR’’) is from Section 766.24(e) of the Regulations, EFFECTIVE DATE: March 11, 2002. July 30, 1999 through January 31, 2001. Infocom, Tetrabal, or Ihsan Elashi may, FOR FURTHER INFORMATION CONTACT: at any time, appeal this Order by filing Blanche Ziv, Import Administration, Comparisons a full written statement in support of the International Trade Administration, We calculated export price and appeal with the Office of the U.S. Department of Commerce, 14th and normal value based on the same Administrative Law Judge, U.S. Coast Constitution Avenue, NW., Washington, methodology used in the Preliminary Guard ALJ Docketing Center, 40 South DC 20230; telephone (202) 482–4207. Results with the following exceptions: Gay Street, Baltimore, Maryland 21202– SUPPLEMENTARY INFORMATION: • We have valued certain inputs 4022. A related person may appeal to using domestic prices in India rather the Administrative Law Judge at the The Applicable Statute than import prices; aforesaid address in accordance with Unless otherwise indicated, all • We have corrected a ministerial the provisions of Section 766.23(c) of citations to the Tariff Act of 1930, as error made in valuing one input. the Regulations. amended (‘‘the Act’’), are references to This Order is effective on March 4, the provisions effective January 1, 1995, Analysis of Comments Received 2002 and shall remain in effect for 180 the effective date of the amendments All issues raised in Blue Science’s days. made to the Act by the Uruguay Round case brief are addressed in the March 6, In accordance with the provisions of Agreements Act. In addition, unless 2002, Issues and Decision Memorandum Section 766.24(d) of the Regulations, otherwise indicated, all citations to the (‘‘Decision Memorandum’’) which is BXA may seek renewal of this Order by Department of Commerce’s (‘‘the hereby adopted by this notice. Attached filing a written request not later than 20 Department’’) regulations are to 19 CFR to this notice as an appendix is a list of days before the expiration date. part 351 (2000). the issues which Blue Science has raised and to which we have responded Infocom, Tetrabal, or Ihsan Elashi may Background oppose a request to renew this Order by in the Decision Memorandum. Parties filing a written submission with the On November 6, 2001, the Department can find a complete discussion of all Assistant Secretary for Export published in the Federal Register the issues raised in this review and the Enforcement, which must be received preliminary results of its administrative corresponding recommendations in this not later than seven days before the review of creatine monohydrate public memorandum which is on file in expiration date of the Order. (‘‘creatine’’) from the People’s Republic the Central Records Unit, Room B–099 A copy of this Order shall be served of China (‘‘PRC’’) (Creatine of the Department. In addition, a on Infocom, Tetrabal, and Ihsan Elashi Monohydrate from the People’s complete version of the Decision and each related person and shall be Republic of China; Preliminary Results Memorandum can be accessed directly published in the Federal Register. of Antidumping Duty Administrative on the Web at http://ia.ita.doc.gov/frn/ Review, 66 FR 56054 (November 6, summary/list.htm. The paper copy and Entered this 4th day of March, 2002. 2001) (‘‘Preliminary Results’’). We electronic version of the Decision Lisa A. Prager, received a case brief from the Memorandum are identical in content. Acting Assistant Secretary for Export respondent, Blue Science International Enforcement. Trading (Shanghai) Co., Ltd. (‘‘Blue Final Results of the Review [FR Doc. 02–5676 Filed 3–8–02; 8:45 am] Science’’), on December 6, 2001. The We will instruct the Customs Service BILLING CODE 3510–DT–M petitioners did not submit a case brief. to liquidate entries of the subject
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merchandise from Blue Science during Dated: March 6, 2002. vessels in longline fisheries in Subarea the period July 30, 1999 through January Faryar Shirzad, 48.6 south of 60°S to use experimental 31, 2001 without regard to antidumping Assistant Secretary for Import line-weighting trials; amend and clarify duties. All other entries of the subject Administration. the catch documentation scheme for Dissostichus species; amend a merchandise during the POR will be Appendix liquidated at the antidumping rate in previously adopted measure relating to place at the time of entry. List of Comments in the Issues and Decision licensing and inspection obligations of Memorandum Contracting Parties and cooperation Furthermore, the following deposit Comment 1: Use of Import Prices v. between Contracting Parties; and amend rates will be effective upon publication Domestic Prices in India to Value Certain a previously adopted measure on the of these final results for all shipments of Inputs use of automated satellite-linked vessel creatine from the PRC entered, or Comment 2: Adjusting CIF Import Values monitoring systems (VMS) on withdrawn from warehouse, for to Remove International Freight Contracting Party vessels fishing in the consumption on or after the publication Comment 3: Correction of Ministerial Error Convention Area. date, as provided for by section [FR Doc. 02–5777 Filed 3–8–02; 8:45 am] In addition, the Commission adopted 751(a)(1) of the Act: (1) For Blue BILLING CODE 3510–DR–P a resolution addressing toothfish Science, which has a separate rate, no harvests questionably attributed to FAO statistical area 51 in the Indian Ocean. antidumping duty deposit will be DEPARTMENT OF COMMERCE required; (2) for a company previously The measures and resolutions were announced by the Department of State found to be entitled to a separate rate National Oceanic and Atmospheric by a preliminary notice in the Federal and for which no review was requested, Administration the cash deposit rate will be the rate Register on January 17, 2002 (67 FR [I.D. 030602D] 2477). Public comments were invited, established in the most recent review of but none were received. Through this that company; (3) for all other PRC Antarctic Marine Living Resources notice, NMFS notifies the public that exporters the cash deposit rate will be Convention Act of 1984; Conservation the United States has accepted the 128.63 percent, the PRC-wide rate and Management Measures measures adopted at CCAMLR’s established in the less than fair value AGENCY: National Marine Fisheries Twentieth meeting, and that pursuant to (‘‘LTFV’’) investigation; and (4) for non- the Convention and 16 U.S.C. 2431 et PRC exporters of subject merchandise Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), seq., these measures are in effect. For from the PRC, the cash deposit rate will Commerce. the full text of the measures adopted, be the rate applicable to the PRC see 67 FR 2477, January 17, 2002. NMFS ACTION: Final notice. supplier of that exporter. These deposit provides the following summary of the rates shall remain in effect until SUMMARY: At its Twentieth Meeting in measures as a courtesy. publication of the final results of the Hobart, Tasmania, October 22 to The Commission adopted a uniform next administrative review. November 2, 2001, the Commission for fishing season of December 1 through November 30 for all Convention area This notice also serves as a final the Conservation of Antarctic Marine Living Resources (CCAMLR), of which fisheries, except as otherwise specified, reminder to importers of their e.g., to protect Convention Area species responsibility under 19 CFR 351.402(f) the United States is a member, adopted conservation measures, pending during spawning and breeding seasons. to file a certificate regarding the This measure includes a change in the reimbursement of antidumping duties members’ approval, pertaining to fishing in the CCAMLR Convention Area in season for krill fishing from the July 1 prior to liquidation of the relevant to June 30 season previously adopted by entries during this review period. Antarctic waters. These have been agreed upon in accordance with Article the Commission. Failure to comply with this requirement IX of the Convention for the The Commission prohibited the could result in the Secretary’s Conservation of Antarctic Marine Living fishery for Champsocephalus gunnari in presumption that reimbursement of Resources (the Convention) and are in Statistical Subarea 48.3 within 12 antidumping duties occurred and the effect with respect to the United States. nautical miles of the coast of South subsequent assessment of double Georgia from March 1 to May 31, 2002 ADDRESSES: Copies of the CCAMLR during the C.gunnari spawning period antidumping duties. measures and the framework This notice also serves as a reminder and adopted a requirement that all environmental assessment may be fishing vessels taking part in the fishery to parties subject to administrative obtained from the Assistant in the non-restricted area during this protective order (‘‘APO’’) of their Administrator for Fisheries, NOAA, period conduct a minimum of 20 responsibility concerning the National Marine Fisheries Service, 1315 research hauls as set out in an annex to disposition of proprietary information East-West Highway, Silver Spring, MD the C. gunnari conservation measure. disclosed under APO in accordance 20910. Participation in the Convention Area with 19 CFR 351.305(a)(3). Timely FOR FURTHER INFORMATION CONTACT: crab fishery continues to be limited to written notification of the return/ Robin Tuttle, 301–713–2282. one vessel per Commission member. destruction of APO materials or SUPPLEMENTARY INFORMATION: See 50 Applications for a crab permit must be conversion to judicial protective order is CFR part 300, subpart G—Antarctic received no later than 90 days prior to hereby requested. Failure to comply Marine Living Resources, and 67 FR intended harvesting and will be with the regulations and the terms of an 2477 (January 17, 2002). considered in the order of application. APO is a sanctionable violation. The measures restrict overall catches If there are multiple applicants, the one This administrative review and notice and bycatch of certain species of fish, U.S. crab permit will be issued on the are in accordance with sections krill, squid, and crab; limit participation basis of (1) order of receipt of 751(a)(1) and 777(i)(1) of the Act. in several exploratory fisheries; restrict applications (2) criteria for harvesting fishing in certain areas and to certain permits appearing in 50 CFR 300.112 (3) gear types; set fishing seasons; allow willingness to participate in CCAMLR
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pilot programs and (4) record of more than one ton of bycatch species in catch of toothfish accrue to the previous participation, if any, in the a longline set or haul. perpetrators of illegal, unregulated or crab fishery. The fishery continues to be Although the Commission readopted unreported fishing for toothfish. managed as previously defined by the the conservation measure for jig fishing Another provision of the measure Commission with one amendment. The for Martialia hyadesi (squid) in allows a Contracting Party to, consistent minimum legal carapace width for male Statistical Subarea 48.3, no Member with its domestic legislation, decline to Paralomis spinosissima was reduced notified the Commission of its intention provide a market for toothfish offered from 102 mm to 94 mm. to fish in this fishing-by-notification- for sale with a SVDCD by another State. The Commission amended the general only fishery. The Commission also expanded and The Commission revised the measures for exploratory fishing for clarified the use of VMS to verify the Dissostichus spp. to require Members conservation measure requiring the use area of toothfish harvests. Any who choose not to participate in an of automated satellite-linked vessel Contracting Party, or non-Contracting exploratory fishery prior to the monitoring in all fisheries (except the commencement of the fishery to inform krill fishery) to require Contracting Party participating in the Catch the Secretariat of changes in their plans Parties to provide the Secretariat with Documentation Scheme for toothfish, no later than 1 month before the start of limited positional information on may now require additional verification the fishery. If, for whatever reason, movements by vessels in and out of the of catch documents by Flag States by Members are unable to participate in the Convention area and between CCAMLR using, inter alia, VMS, in respect of fishery, they shall inform the Secretariat statistical areas, subareas and divisions. catches taken on the high seas outside no later than 1 week after finding that This information, available to Members the Convention Area, when landed at, they cannot participate. by operation of the VMS requirement, imported into or exported from its The Commission approved several must be transmitted to the Secretariat territory. The Commission recognized fisheries as exploratory fisheries for the within two working days of receiving the need to revise the ‘‘Guide for 2001/2002 fishing season. These the required VMS information. Completion of Catch Documents’’ and fisheries are limited total allowable The Commission amended the requested that the Secretariat revise the catch (TAC) fisheries and are open only conservation measure specifying aspects Guide as agreed at the annual meeting to the flagged vessels of the countries of cooperation among Contracting and make it available on the CCAMLR that notified CCAMLR of an interest by Parties requiring them to report the website to all CCAMLR Members and participants in the fisheries. The United details of fishing licenses issued by non-Contracting Parties which have States was not a notifying country, and, them. joined CCAMLR in the implementation thus, U.S. fishers are not eligible to The Commission adopted a new of the CDS. participate in them. conservation measure allowing vessels The exploratory fisheries for in longline fisheries in Subareas 48.6 CCAMLR adopted a resolution Dissostichus species (toothfish) are for south of 60°S to use experimental line- relating to fishing in Food and longline fishing in Statistical Subarea weighting trials in lieu of the Agriculture Organization (FAO) 48.6 by Japan, New Zealand, South Commission’s requirement for night statistical area 51. The Commission, Africa and Uruguay; trawl fishing in setting-only in Convention Area concerned that the CDS could be used Statistical Division 58.4.2 by Australia; longline fisheries when a vessel can to disguise IUU catches of toothfish in longline fishing in 58.4.3a (the Elan demonstrate prior to licensing its ability order to gain legal access to markets, Bank) outside areas under national to fully comply with one of two trial urged States participating in the CDS to jurisdiction by France and Japan; protocols. The Commission urged two ensure that DCDs relating to landings or longline fishing in Statistical Division actions with respect to the enforcement imports of toothfish, when necessary, 58.4.3b (the BANZARE Bank) by France of the conservation measure to are checked by contact with flag states and Japan; longline fishing in Statistical minimize the incidental mortality of to verify that the information in the DCD Division 58.4.4 by France, Japan, South seabirds in the course of longline fishing is consistent with data reports derived Africa, and Uruguay; longline fishing in or longline fishing research. The from an automated satellite-linked VMS. Statistical Subarea 58.6 by Chile, Commission recommended that vessels The Commission also urged States France, Japan and South Africa; longline equipped or configured such that they participating in the CDS, if necessary to fishing in Statistical Subarea 88.1 by are unable to comply with the measure that end, to consider reviewing their Japan, New Zealand, Russia and South not be allowed to fish in the Convention domestic laws and regulations, with a Africa; longline fishing in Statistical Area. The Commission further view to prohibiting, in a manner recommended that Members prevent Subarea 88.2 by Japan, New Zealand consistent with international law, vessels persistently failing to comply and South Africa. landings/transhipments/imports of The Commission adopted a with the measure from fishing in the toothfish declared in a DCD as having conservation measure for an exploratory Convention Area. trawl fishery for Chaenodraco wilsoni, The Commission revised and clarified been caught in FAO Statistical Area 51, Lepidonotothen kempi, Trematomus the Dissostichus Catch Document (DCD) if the flag state fails to demonstrate that eulepidotus and Pleuragramma and created a Catch Documentation it verified the DCD using automated antarcticum in Statistical Division Fund (CDF) to receive voluntary satellite-linked VMS derived data 58.4.2, limited to fishing by Australia. contributions from the sale of seized or reports. The Commission adopted a confiscated toothfish sold pursuant to a Authority: 16 U.S.C. 2431 et seq. conservation measure for a new trawl Specially Validated DCD (SVDCD). The Dated: March 1, 2002. fishery for Macrourus ssp. in Statistical DCD was revised to clarify procedures Division 58.4.2, limited to fishing by for dealing with export verification. The Rebecca Lent, Australia and amended the conservation conservation measure creating the CDF Deputy Assistant Administrator for measure on the bycatch of Macrourus includes the provision that, to the extent Regulatory Programs, National Marine spp. and skates and rays to set upper practicable, Contracting Parties shall Fisheries Service. limits on bycatch and require a vessel to ensure that no financial benefit arising [FR Doc. 02–5771 Filed 3–8–02; 8:45 am] move its fishing position should it catch from the sale of seized or confiscated BILLING CODE 3510–22–S
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DEPARTMENT OF COMMERCE EFH Draft Environmental Impact Dated: March 5, 2002. Statement (DEIS) - MRAG Americas, Richard W. Surdi, National Oceanic and Atmospheric Inc. Acting Director, Office of Sustainable Administration National Ocean Service Benthic Maps Fisheries, National Marine Fisheries Service. [I.D. 022602F] of the U.S. Caribbean [FR Doc. 02–5618 Filed 3–8–02; 8:45 am] Final Presentation BILLING CODE 3510–22–S Caribbean Fishery Management Council; Public Meetings 1:30 to 2:30 p.m. - Public Comment Period Dolphin/Wahoo FMP/DEIS AGENCY: National Marine Fisheries Discussion and Council Decision on COMMODITY FUTURES TRADING Service (NMFS), National Oceanic and COMMISSION Atmospheric Administration (NOAA), Dolphin/Wahoo Commerce. Administrative Committee Meeting Agency Information Collection ACTION: Notice of public meetings. Queen Conch FMP Schedule Activities: Notice of Intent To Renew Collection 3038–0009, Large Trader SUMMARY: The Caribbean Fishery Sustainable Fisheries Act Update Reports Management Council (Council) will Fishery Agreements - Department of hold meetings. AGENCY: State Commodity Futures Trading DATES: The meetings will be held on Commission. March 26–27, 2002. The Council will Enforcement ACTION: Notice. convene on Tuesday, March 26, 2002, Vessel Monitoring System - F. Kyle from 9 a.m. to 6:30 p.m., and on U.S. Coast Guard SUMMARY: The Community Futures Wednesday, March 27, 2002, from 9 Puerto Rico Trading Commission (CFTC) is a.m. to 5 p.m., approximately. A public U.S. Virgin Islands announcing an opportunity for public comment period for Dolphin/Wahoo NMFS comment on the proposed collection of FMP will be open from 1:30 to 2:30 certain information by the agency. p.m., on March 26, 2002, to allow the Reeffish FMP Under the Paperwork Reduction Act of general public and interested persons to Hyperbaric Chamber and Diving 1995 (PRA), 44 U.S.C. 3501 et seq., provide their comments on the Dolphin/ Accidents Report - J. Figueroa Federal agencies are required to publish Wahoo Fishery Management Plan (FMP) Marine Recreational Fisheries notice in the Federal Register ADDRESSES: The meetings will be held at Statistical Survey-Protected Resources concerning each proposed collection of the Holiday Inn of Ponce and Tropical Statistics - L.M. Yoshiura information, including each proposed Casino, 3315 Ponce By Pass, Ponce, Regulatory Amendment extension of an existing collection of Puerto Rico 00731. information, and to allow 60 days for Recommendations by Administrative FOR FURTHER INFORMATION CONTACT: public comment in response to the Committee at its March 26, 2002 Caribbean Fishery Management Council, notice. This notice solicits comments on Meeting 268 Mun˜ oz Rivera Avenue, Suite 1108, large trader reports. San Juan, Puerto Rico 00918–2577, Meetings Attended by Council Members DATES: Comments must be submitted on telephone (787) 766–5926. and Staff or before May 10, 2002. SUPPLEMENTARY INFORMATION: The Other Business ADDRESSES: Comments may be mailed to Council will hold its 107th regular Judith E. Payne, Division of Economic Navassa Island Presentation - U.S. public meeting to discuss the items Analysis, U.S. Commodity Futures Fish and Wildlife, Department of contained in the following agenda: Trading Commission, 1155 21st Street, Interior Call to Order NW, Washington, DC 20581. Next Council Meeting FOR FURTHER INFORMATION CONTACT: Adoption of Agenda The meetings are open to the public, Judith E. Payne, (202) 418–5268; FAX: Consideration of 106th Council Meeting and will be conducted in English. (202) 418–5527; e-mail: [email protected] Verbatim Minutes However, simultaneous interpretation SUPPLEMENTARY INFORMATION: Under the Executive Director’s Report (Spanish-English) will be available PRA, Federal agencies must obtain during the Council meeting on March approval from the Office of Management Mr. Gerson Martı´nez Letter 26-27, 2002. Fishers and other and Budget (OMB) for each collection of Special Accommodations interested persons are invited to attend information they conduct or sponsor. These meetings are physically and participate with oral or written ‘‘Collection of information’’ is defined accessible to people with disabilities. statements regarding agenda issues. in 44 U.S.C. 3502(3) and 5 CFR For more information or request for sign Although non-emergency issues not 1320.3(c) and includes agency requests language interpretation and other contained in this agenda may come or requirements that members of the auxiliary aids, please contact Mr. before this group for discussion, those public submit reports, keep records, or Miguel A. Rolo´n, Executive Director, issues may not be the subject of formal provide information to a third party. Caribbean Fishery Management Council, action during this meeting. Action will Section 3506(c)(2)(A) of the PRA, 44 268 Mun˜ oz Rivera Avenue, Suite 1108, be restricted to those issues specifically U.S.C. 3506(c)(2)(A), requires Federal San Juan, Puerto Rico, 00918–2577, listed in this notice and any issues agencies to provide a 60-day notice in telephone (787) 766-5926, at least five arising after publication of this notice the Federal Register concerning each days prior to the meeting date. that require emergency action under proposed collection of information, section 305 (c) of the Magnuson-Stevens including each proposed extension of an Essential Fish Habitat (EFH) Fishery Conservation and Management existing collection of information, New Regulations - Rickey Reubsamen Act, provided the public has been before submitting the collection to OMB NMFS Conservation Habitat notified of the Council’s intent to take for approval. To comply with this Caribbean Office - L.M. Carrubba final action to address the emergency. requirement, the CFTC is publishing
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notice of the proposed collection of • Ways to enhance the quality, Commodity Exchange Act (Act) require information listed below. usefulness, and clarity of the large trader reports from clearing With respect to the following information to be collected; and members, futures commission • collection of information, the CFTC Ways to minimize the burden of merchants, and foreign brokers and invites comments on: collection of information on those who traders. These rules are designed to • are to respond, including through the provide the Commission with Whether the proposed collection of use of appropriate automated electronic, information is necessary for the proper information to effectively conduct its mechanical, or other technological market surveillance program, which performance of the functions of the collection techniques or other forms of includes the detection and prevention of Commission, including whether the information technology; e.g., permitting price manipulation and enforcement of information will have a practical use; electronic submission of responses. • The accuracy of the Commission’s speculative position limits. estimate of the burden of the proposed Large Trader Reports, OMB control The Commission estimates the burden number 3038–0009—Extension collection of information, including the of this collection of information as validity of the methodology and Parts 15 through 21 of the follows: assumptions used; Commission’s regulations under the
ESTIMATED ANNUAL REPORTING BURDEN
Annual num- 17 CFR section ber of re- Total annual Hours per re- Total hours spondents responses sponse
Parts 15–21 ...... 4,731 69,392 0.35 24,435
There are no capital costs or operating Group, Office of the Chief Information Affected Public: State, Local, or Tribal and maintenance costs associated with Officer, publishes that notice containing Gov’t, SEAs or LEAs; Federal this collection. proposed information collection Government. Dated: March 5, 2002. requests prior to submission of these Reporting and Recordkeeping Hour Burden: Jean A. Webb, requests to OMB. Each proposed information collection, grouped by Responses: 6,500. Secretary of the Commission. office, contains the following: (1) Type Burden Hours: 28,875. [FR Doc. 02–5779 Filed 3–08–02; 8:45 am] of review requested, e.g. new, revision, Abstract: The REASchool and BILLING CODE 6351–01–M extension, existing or reinstatement; (2) Classrom Implementation and Impact title; (3) summary of the collection; (4) Study (REA–SCII) is a 6-year study to description of the need for, and learn about the implementation and DEPARTMENT OF EDUCATION proposed use of, the information; (5) impact of the REA legislation on respondents and frequency of instructional practice in reading and on Notice of Proposed Information collection; and (6) Reporting and/or student reading achievement. The study Collection Requests Recordkeeping burden. OMB invites has the following features: (1) A public comment. representative sample of 75 schools that AGENCY: Department of Education. have received REA Local Reading The Department of Education is Initiative sub-grants; (2) a longitudinal SUMMARY: The Leader, Regulatory especially interested in public comment Information Management Group, Office sample of kindergarten students addressing the following issues: (1) Is followed through the end of second of the Chief Information Officer, invites this collection necessary to the proper comments on the proposed information grade; (3) measures of student reading functions of the Department; (2) will performance; (4) multiple observations collection requests as required by the this information be processed and used Paperwork Reduction Act of 1995. of classroom reading instruction in in a timely manner; (3) is the estimate grades K–2; and (5) surveys of and DATES: Interested persons are invited to of burden accurate; (4) how might the interview/focus groups with key school submit comments on or before May 10, Department enhance the quality, utility, and district staff. 2002. and clarity of the information to be Requests for copies of the proposed SUPPLEMENTARY INFORMATION: Section collected; and (5) how might the information collection request may be 3506 of the Paperwork Reduction Act of Department minimize the burden of this accessed from http://edicsweb.ed.gov, or 1995 (44 U.S.C. Chapter 35) requires collection on the respondents, including should be addressed to Vivian Reese, that the Office of Management and through the use of information Department of Education, 400 Maryland Budget (OMB) provide interested technology. Avenue, SW., Room 4050, Regional Federal agencies and the public an early Dated: March 6, 2002. Office Building 3, Washington, DC opportunity to comment on information John Tressler, 20202–4651 or to the e-mail address collection requests. OMB may amend or Leader, Regulatory Information Management, [email protected]. Requests may also waive the requirement for public Office of the Chief Information Officer. be electronically mailed to the Internet consultation to the extent that public address [email protected] or faxed to participation in the approval process Office of the Undersecretary 202–708–9346. Please specify the would defeat the purpose of the complete title of the information Type of Review: New. information collection, violate State or collection when making your request. Federal law, or substantially interfere Title: Reading Excellence Act (REA) Comments regarding burden and/or with any agency’s ability to perform its School Implementation and Impact the collection activity requirements statutory obligations. The Leader, Study: Site Visit Instruments. should be directed to Jacqueline Regulatory Information Management Frequency: Annually. Montague at (202) 708–5359 or via her
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Internet address Recordkeeping burden. OMB invites DEPARTMENT OF ENERGY [email protected]. Individuals public comment. who use a telecommunications device Notice of Availability of the Draft for the deaf (TDD) may call the Federal Dated: March 6, 2002. Environmental Assessment for Waste Information Relay Service (FIRS) at 1– John Tressler, Disposition Activities at the Paducah 800–877–8339. Leader, Regulatory Information Management, Gaseous Diffusion Plant Office of the Chief Information Officer. [FR Doc. 02–5797 Filed 3–8–02; 8:45 am] AGENCY: Department of Energy BILLING CODE 4000–01–P Office of Special Education and ACTION: Notice of availability. Rehabilitative Services SUMMARY: The Department of Energy DEPARTMENT OF EDUCATION Type of Review: New. (DOE), announces the availability of the Title: Field Test of Agency Capacity to Draft Environmental Assessment (EA) Submission for OMB Review; Implement Reporting Requirements for Waste Disposition Activities at the Comment Request Associated with Draft Evaluation Paducah Site (DOE/EA–1339) for public review and comment. The Draft EA has Standard 3 and section 101 (a)(10)(c) of AGENCY: Department of Education. been prepared in accordance with the the Rehabilitation Act, as Amended. SUMMARY: The Leader, Regulatory requirements of the National Information Management Group, Office Frequency: One-time. Environmental Policy Act of 1969 as of the Chief Information Officer invites Affected Public: State, Local, or Tribal amended (NEPA) (42 U.S.C. 4321 et comments on the submission for OMB Gov’t, SEAs or LEAs. seq.); Council on Environmental Quality review as required by the Paperwork regulations implementing NEPA, 40 Reporting and Recordkeeping Hour Reduction Act of 1995. CFR parts 1500–1508; and DOE NEPA Burden: DATES: Interested persons are invited to Implementing Procedures, 10 CFR part submit comments on or before April 10, Responses: 81. 1021. 2002. Burden Hours: 9,801. The Draft EA evaluates the potential environmental impacts associated with ADDRESSES: Written comments should Abstract: This field test will assess continued waste management be addressed to the Office of Designated State Unit (VR agency) operations at the Paducah Site, as well Information and Regulatory Affairs, capacity to obtain and use as transportation of the waste to Attention: Lauren Wittenberg, Desk unemployment insurance wage record treatment and disposal facilities at Officer, Department of Education, Office data maintained by the State various locations throughout the United of Management and Budget, 725 17th Employment Security Agencies (SESAs) States. The type of wastes analyzed Street, NW., Room 10202, New needed to implement a proposed include polychlorinated biphenyl (PCB) Executive Office Building, Washington, evaluation standard and associated waste, low-level (radioactive) waste DC 20503 or should be electronically performance indicators mandated by the (LLW), mixed low-level waste (MLLW), mailed to the Internet address 1992 amendments to the Rehabilitation and transuranic (TRU) waste. The Draft [email protected]. Act, as amended by the Workforce EA also evaluates the potential SUPPLEMENTARY INFORMATION: Section Investment Act of 1998. environmental impacts associated with 3506 of the Paperwork Reduction Act of Requests for copies of the proposed the no action alternative. 1995 (44 U.S.C. Chapter 35) requires information collection request may be The public is invited to comment on the Draft EA during the 45-day public that the Office of Management and accessed from http://edicsweb.ed.gov, or comment period which starts on the Budget (OMB) provide interested should be addressed to Vivian Reese, Federal agencies and the public an early date of this notice. All comments Department of Education, 400 Maryland opportunity to comment on information received will be considered in Avenue, SW., Room 4050, Regional collection requests. OMB may amend or preparation of the final EA. Late Office Building 3, Washington, DC waive the requirement for public comments will be considered to the consultation to the extent that public 20202–4651, or to the e-mail address extent practicable. [email protected]. Requests may also participation in the approval process ADDRESSES: Comments on the Draft EA would defeat the purpose of the be electronically mailed to the Internet _ may be submitted by mail: U.S. information collection, violate State or address OCIO [email protected] or faxed to Department of Energy, Oak Ridge Federal law, or substantially interfere 202–708–9346. Please specify the Operations Office, Attn: Mr. David with any agency’s ability to perform its complete title of the information Allen, PO Box 2001, Oak Ridge, TN statutory obligations. The Leader, collection when making your request. 37830, by fax (1–865–576–0746), Regulatory Information Management Comments regarding burden and/or electronically ([email protected]), or Group, Office of the Chief Information the collection activity requirements by phone (1–800–382–6938). Officer, publishes that notice containing should be directed to Sheila Carey at Copies of the Draft EA may also be proposed information collection (202) 708–6287 or via her Internet obtained by contacting Mr. Gary requests prior to submission of these address [email protected]. Bodenstein, U.S. Department of Energy, requests to OMB. Each proposed Individuals who use a Paducah Site Office, PO Box 1410, information collection, grouped by telecommunications device for the deaf Paducah, KY 42001, by fax (1–270–441– office, contains the following: (1) Type (TDD) may call the Federal Information 6801), or electronically of review requested, e.g. new, revision, ([email protected]). The Draft Relay Service (FIRS) at 1–800–877– extension, existing or reinstatement; (2) EA is available for review at the U.S. 8339. title; (3) summary of the collection; (4) Department of Energy Environmental description of the need for, and [FR Doc. 02–5798 Filed 3–8–02; 8:45 am] Information Center, Barkley Centre, 115 proposed use of, the information; (5) BILLING CODE 4000–01–P Memorial Drive, in Paducah Kentucky. respondents and frequency of The Draft EA is also available for review collection; and (6) Reporting and/or at the U.S. Department of Energy Public
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Reading Room at 230 Warehouse Road, Issued in Oak Ridge, Tennessee on Transcripts: Available for public Oak Ridge, TN 37830. February 28, 2002. review and copying at the Public For general information on the DOE David R. Allen, Reading Room, Room IE–190, Forrestal NEPA process, please contact: Ms. Carol Oak Ridge Operations NEPA Compliance Building, 1000 Independence Avenue, M. Borgstrom, Director, Office of NEPA Officer. SW., Washington, DC, between 9 a.m. Policy and Compliance (EH–42), U.S. [FR Doc. 02–5751 Filed 3–8–02; 8:45 am] and 4 p.m., Monday through Friday, Department of Energy, 1000 BILLING CODE 6450–01–P except Federal holidays. Independence Avenue, SW., Issued at Washington, DC, on March 6, Washington, DC 20585, telephone 202– 2002. 586–4600, or leave a message at 1–800– DEPARTMENT OF ENERGY Rachel M. Samuel, 472–2756. Deputy Committee Advisory Management DATES: The review period for the Draft Office of Fossil Energy; National Petroleum Council Officer. EA ends April 25, 2002. Comments [FR Doc. 02–5750 Filed 3–8–02; 8:45 am] postmarked after that date will be AGENCY: Department of Energy. BILLING CODE 6450–01–P considered to the extent practicable. ACTION: Notice of open meeting. One public meeting to discuss issues and receive oral comments on the Draft SUMMARY: This notice announces a DEPARTMENT OF ENERGY EA will be held on April 9, 2002, at the meeting of the National Petroleum DOE Environmental Information Center, Council. Federal Advisory Committee Federal Energy Regulatory Barkley Centre, 115 Memorial Drive, in Act (Public Law 92–463,86 Stat. 770) Commission Paducah, Kentucky. The meeting will be requires notice of these meetings be held from 6–8 p.m. CST. The public announced in the Federal Register. [Docket No. RP99–301–042] meeting will provide the public with an DATES: Wednesday, April 10, 2002, 9 ANR Pipeline Company; Notice of opportunity to present comments, ask a.m. questions, and discuss concerns with Compliance Filing ADDRESSES: The St. Regis Hotel, Crystal DOE officials regarding the Draft EA. March 5, 2002. Specific information regarding the Ballroom, 923 Sixteenth & K Streets, NW, Washington, DC. Take notice that on February 25, 2002, public meeting can be obtained by ANR Pipeline Company (ANR) filed FOR FURTHER INFORMATION CONTACT: calling 1–270–441–5204, writing to the twenty service agreements with Margie D. Biggerstaff, U.S. Department address above, or electronically. Madison Gas & Electric Company in of Energy, Office of Fossil Energy, SUPPLEMENTARY INFORMATION: The Draft compliance with the Commission’s Washington, DC 20585. Phone: 202/ EA evaluates DOE’s proposed ‘‘Order Accepting Negotiated Rate 586–3867. disposition activities for legacy and Agreements Subject to Conditions’’ future-generated PCB wastes, LLW, SUPPLEMENTARY INFORMATION: dated November 30, 2001 in the above- MLLW, and TRU waste from the Purpose of the Committee: To provide referenced docket. ANR Pipeline Paducah Gaseous Diffusion Plant at the advice, information, and Company, 97 FERC ¶ 61,252 (2001). Paducah Site in Paducah, Kentucky. recommendations to the Secretary of Any person desiring to protest said The proposed action includes: Waste Energy on matters relating to oil and gas filing should file a protest with the storage at the Paducah site; on-site or the oil and gas industry. Federal Energy Regulatory Commission, treatment of a small portion of the waste Tentative Agenda: 888 First Street, NE., Washington, DC volume covered in the Draft EA, off-site —Call to order and introductory 20426, in accordance with section treatment at treatment locations remarks by William A. Wise, Chair of 385.211 of the Commission’s rules and throughout the United States; waste the NPC. regulations. All such protests must be transport to treatment and disposal —Remarks by the Honorable Spencer filed in accordance with section 154.210 locations by truck, rail, or inter-modal Abraham, Secretary of Energy. of the Commission’s regulations. shipment; and waste disposal at various —Administrative matters. Protests will be considered by the locations throughout the United States. —Discussion of any other business Commission in determining the Off-site treatment and disposal locations properly brought before the NPC. appropriate action to be taken, but will for waste disposition include facilities —Public comment (10-minute rule). not serve to make protestants parties to in Nevada, Utah, Texas, Washington, —Adjournment. the proceedings. Copies of this filing are Idaho, New Mexico, and Tennessee. Public Participation: The meeting is on file with the Commission and are Supporting activities are also evaluated open to the public. The chairperson of available for public inspection. This in the Draft EA. Examples of these the Council is empowered to conduct filing may also be viewed on the Web activities include, characterization the meeting in a fashion that will at http://www.ferc.gov using the ‘‘RIMS’’ activities of waste currently in storage, facilitate the orderly conduct of link, select ‘‘Docket#’’ and follow the on-site waste movement, sorting, business. Any member of the public instructions (call 202–208–2222 for packaging, inspecting, labeling. The who wishes to file a written statement assistance). Comments, protests and Draft EA also evaluates the no action with the Council will be permitted to do interventions may be filed electronically alternative. Under this alternative, DOE so, either before or after the meeting. via the Internet in lieu of paper. See, 18 would not perform disposition activities Members of the public who wish to CFR 385.2001(a)(1)(iii) and the except for those needed for standard make oral statements pertaining to instructions on the Commission’s web waste management and maintenance. agenda items should contact Margie D. site under the No disposal of the existing and Biggerstaff at the address or telephone ‘‘e-Filing’’ link. projected quantities of waste would number listed above. Requests must be occur. DOE would continue to store received at least five days prior to the Magalie R. Salas, such waste. Ongoing non-CERCLA meeting and reasonable provision will Secretary. waste management operations would be made to include the presentation on [FR Doc. 02–5725 Filed 3–8–02; 8:45 am] continue. the agenda. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY and Cinergy Marketing & Trading, L.P. February 25, 2002 in the above- dated February 28, 2002 and FTS–1 referenced proceeding. Federal Energy Regulatory Service Agreement No. 72307 between Any person desiring to be heard or to Commission Columbia Gulf Transmission Company protest this filing should file a motion [Docket No. RP02–147–000] and Reliant Energy Services, Inc. dated to intervene or protest with the Federal February 28, 2002 Energy Regulatory Commission, 888 ANR Pipeline Company; Notice To Columbia Gulf states that First Street, NE., Washington, DC 20426, Convene Meeting and Setting Date for transportation service is to commence in accordance with Rules 211 and 214 Convening Session April 1, 2002 under the agreements. of the Commission’s Rules of Practice Columbia Gulf states that it has served and Procedure (18 CFR 385.211 and March 5, 2002. copies of the filing on all parties 385.214). All such motions or protests On January 18, 2002, ANR Pipeline identified on the official service list in must be filed on or before March 18, Company filed revised tariff sheets that Docket No. RP96–389. 2002. Protests will be considered by the limits the liability of ANR and its Any person desiring to be heard or to Commission in determining the shippers to actual damages in certain protest said filing should file a motion appropriate action to be taken, but will circumstances. On February 28, 2002, to intervene or a protest with the not serve to make protestants parties to the Commission accepted and Federal Energy Regulatory Commission, the proceeding. Any person wishing to suspended the tariff sheet to be effective 888 First Street, NE., Washington, DC become a party must file a motion to on or earlier of August 1, 2002, or a date 20426, in accordance with Sections intervene. Answers to the complaint specified in a further order of the 385.214 or 385.211 of the Commission’s shall also be due on or before March 18, Commission, subject to refund and Rules and Regulations. All such motions 2002. Copies of this filing are on file conditions. The Commission also or protests must be filed in accordance with the Commission and are available directed the Dispute Resolution Service with Section 154.210 of the for public inspection. This filing may to convene a meeting of the parties by Commission’s Regulations. Protests will also be viewed on the Web at http:// March 14, 2002, to arrange a process be considered by the Commission in www.ferc.gov using the ‘‘RIMS’’ link, that may foster negotiation and determining the appropriate action to be select ‘‘Docket # ’’ and follow the agreement regarding the proposed tariff taken, but will not serve to make instructions (call 202–208–2222 for sheet. protestants parties to the proceedings. assistance). Comments, protests, The Commission’s Dispute Resolution Any person wishing to become a party interventions and answers may be filed Service will conduct a convening must file a motion to intervene. Copies electronically via the Internet in lieu of session on March 13, 2002, commencing of this filing are on file with the paper. See, 18 CFR 385.2001(a)(1)(iii) at 10 a.m., in Room 3M–2A at the Commission and are available for public and the instructions on the Federal Energy Regulatory Commission, inspection. This filing may also be Commission’s Web site under the 888 First Street, NE., Washington, DC viewed on the Web at http:// ‘‘e-Filing’’ link. The convening session will cover www.ferc.gov using the ‘‘RIMS’’ link, Magalie R. Salas, Alternative Dispute Resolution (ADR) select ‘‘Docket#’’ and follow the Secretary. processes and interest-based negotiation instructions (call 202–208–2222 for and will finalize the ADR process. The assistance). Comments, protests and [FR Doc. 02–5720 Filed 3–8–02; 8:45 am] Dispute Resolution Service will also interventions may be filed electronically BILLING CODE 6717–01–P assist the parties in better identifying via the Internet in lieu of paper. See, 18 and clarifying the issues in the above- CFR 385.2001(a)(1)(iii) and the DEPARTMENT OF ENERGY captioned docket. If a party has any instructions on the Commission’s Web questions, please call Deborah Osborne site under the ‘‘e-Filing’’ link. Federal Energy Regulatory at (202) 208–0831. Magalie R. Salas, Commission Magalie R. Salas, Secretary. [Docket No. RP00–632–007] Secretary. [FR Doc. 02–5723 Filed 3–8–02; 8:45 am] [FR Doc. 02–5727 Filed 3–8–02; 8:45 am] BILLING CODE 6717–01–P Dominion Transmission, Inc.; Notice of BILLING CODE 6717–01–P Report of Refunds
DEPARTMENT OF ENERGY March 5, 2002. DEPARTMENT OF ENERGY Take notice that on February 26, 2002, Federal Energy Regulatory Dominion Transmission, Inc. (DTI) filed Federal Energy Regulatory Commission its report of refunds attributable to the Commission resolution of the above-captioned [Docket No. RP96–389–004] [Docket No. EL02–63–000] proceeding. DTI states that the reported refunds and billing adjustments reflect Columbia Gulf Transmission Constellation Power Source, Inc., DTI’s implementation of the TCRA Company; Notice of Negotiated Rate Complainant, v. California Power settlement in the above-captioned Filing Exchange, Corporation Respondent; proceeding. Notice of Amended Complaint Filing DTI states that the purpose of this March 5, 2002. filing is to report refunds (including Take notice that on March 1, 2002, March 5, 2002. interest) that DTI made by wire on Columbia Gulf Transmission Company Take notice that on February 26, 2002, January 29, 2002, and billing (Columbia Gulf) tendered for filing the Constellation Power Source, Inc. adjustments made with January following contracts for disclosure of (Constellation) tendered for filing with invoices. DTI further states that these negotiated rate transactions: FTS–1 the Federal Energy Regulatory refunds were made as a result of DTI’s Service Agreement No. 72331 between Commission (Commission) an amended implementation of the Commission’s Columbia Gulf Transmission Company Appendix I to its Complaint filed September 13, 2001, and October 26,
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2001, letter orders, in Docket Nos. Original Sheet No. 538B interventions may be filed electronically RP00–632–000, et al. Original Sheet No. 538C via the Internet in lieu of paper. See, 18 DTI states that copies of its report and Original Sheet No. 538D CFR 385.2001(a)(1)(iii) and the summary workpapers are being mailed Third Revised Sheet No. 539 Fourth Revised Sheet No. 540 instructions on the Commission’s web to affected customers, interested state Fourth Revised Sheet No. 541 site under the ‘‘e-Filing’’ link. commissions and all parties to the Fourth Revised Sheet No. 542 above-captioned proceeding. Magalie R. Salas, Any person desiring to protest said FGT states that on December 1, 1999, Secretary. filing should file a protest with the in Docket No. CP00–40–000, FGT filed [FR Doc. 02–5730 Filed 3–8–02; 8:45 am] for authorization to expand the capacity Federal Energy Regulatory Commission, BILLING CODE 6717–01–P 888 First Street, NE., Washington, DC of its system in order to provide 20426, in accordance with section incremental firm transportation service 385.211 of the Commission’s rules and pursuant to Rate Schedule FTS–2 (Phase DEPARTMENT OF ENERGY Regulations. All such protests must be V Certificate Application). Included as Federal Energy Regulatory filed on or before March 12, 2002. part of the Phase V Certificate Application were the Phase V shippers’ Commission Protests will be considered by the FTS–2 service agreements. FGT further Commission in determining the [Docket No. RP02–167–000] states that in its Preliminary appropriate action to be taken, but will Determination on Nonenvironmental not serve to make protestants parties to Florida Gas Transmission Company; Issues dated November 22, 2000 (‘‘PD’’) the proceedings. Copies of this filing are Notice of Filing the Commission noted that these service on file with the Commission and are agreements contained certain variations March 5, 2002. available for public inspection. This from the FTS–2 Form of Service Take notice that on February 28, 2002, filing may also be viewed on the web at Agreement contained in FGT’s Tariff. Florida Gas Transmission Company http://www.ferc.gov using the ‘‘RIMS’’ The PD directed FGT ‘‘to refile them so (FGT) tendered for filing service link, select ‘‘Docket#’’ and follow the that they conform with the FTS–2 Form agreements for its Phase V Expansion. instructions (call 202–208–2222 for of Service Agreement in its tariff or to No tariff changes are proposed. assistance). Comments, protests and develop a generally applicable FTS–2 FGT states that pursuant to the interventions may be filed electronically Form of Service Agreement to conform Preliminary Determination on via the Internet in lieu of paper. See, 18 with the Phase V agreements.’’ FGT Nonenvironmental Issues issued by the CFR 385.2001(a)(1)(iii) and the states that the instant filing includes Federal Energy Regulatory Commission instructions on the Commission’s Web tariff modifications to its FTS–2 Form of (Commission) on November 22, 2000 in site under the ‘‘e-Filing’’ link. Service Agreement to include expansion Docket Nos. CP00–40–000, et al., which Magalie R. Salas, provisions which generally conform to addressed all of the nonenvironmental Secretary. the expansion-type service agreements issues in the Phase V Expansion, the [FR Doc. 02–5726 Filed 3–8–02; 8:45 am] filed with the Phase V Certificate Commission noted that the service BILLING CODE 6717–01–P Application, and to make the FTS–2 agreements attached to the application Form of Service Agreement adaptable did not track exactly the Rate Schedule for incremental service offered as a FTS–2 Form of Service Agreement in DEPARTMENT OF ENERGY result of future capacity expansions by the FGT FERC Gas Tariff. The FGT. Commission directed that FGT either Federal Energy Regulatory FGT states that copies of the filing change the form of service agreement in Commission were mailed to all interested parties and its tariff to conform to the service state commissions. agreements in the Phase V Expansion or [Docket No. RP02–166–000] Any person desiring to be heard or to that FGT change the service agreements Florida Gas Transmission Company; protest said filing should file a motion to conform to the tariff. Notice of Proposed Changes in FERC to intervene or a protest with the Accordingly, FGT states that it is Gas Tariff Federal Energy Regulatory Commission, filing the Phase V service agreements 888 First Street, NE., Washington, DC under Section 4 of the Natural Gas Act. March 5, 2002. 20426, in accordance with sections In addition, FGT is filing concurrently, Take notice that on February 28, 2002, 385.214 or 385.211 of the Commission’s in a companion filing, to modify its Florida Gas Transmission Company rules and regulations. All such motions standard Form of Service Agreement for (FGT) tendered for filing to become part or protests must be filed in accordance Rate Schedule No. FTS–2 to incorporate of its FERC Gas Tariff, Third Revised with section 154.210 of the various terms and conditions applicable Volume No. 1, the following tariff Commission’s regulations. Protests will to expansion projects. sheets, to be effective April 1, 2002: be considered by the Commission in Any person desiring to be heard or to Fourth Revised Sheet No. 528 determining the appropriate action to be protest said filing should file a motion Third Revised Sheet No. 529 taken, but will not serve to make to intervene or a protest with the Fourth Revised Sheet No. 530 protestants parties to the proceedings. Federal Energy Regulatory Commission, Third Revised Sheet No. 531 Any person wishing to become a party 888 First Street, NE., Washington, DC Third Revised Sheet No. 532 must file a motion to intervene. Copies 20426, in accordance with sections Fourth Revised Sheet No. 533 of this filing are on file with the 385.214 or 385.211 of the Commission’s Fourth Revised Sheet No. 534 Commission and are available for public rules and regulations. All such motions Fourth Revised Sheet No. 535 inspection. This filing may also be or protests must be filed on or before First Revised Sheet No. 535.01 Third Revised Sheet No. 535A viewed on the web at http:// March 12, 2002. Protests will be Third Revised Sheet No. 536 www.ferc.gov using the ‘‘RIMS’’ link, considered by the Commission in Third Revised Sheet No. 537 select ‘‘Docket#’’ and follow the determining the appropriate action to be Third Revised Sheet No. 538 instructions (call 202–208–2222 for taken, but will not serve to make Original Sheet No. 538A assistance). Comments, protests and protestants parties to the proceedings.
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Any person wishing to become a party instructions (call 202–208–2222 for instructions on the Commission’s Web must file a motion to intervene. Copies assistance). Comments, protests and site under the ‘‘e-Filing’’ link. of this filing are on file with the interventions may be filed electronically Magalie R. Salas, Commission and are available for public via the Internet in lieu of paper. See, 18 inspection. This filing may also be CFR 385.2001(a)(1)(iii) and the Secretary. viewed on the Web at http:// instructions on the Commission’s Web [FR Doc. 02–5729 Filed 3–8–02; 8:45 am] www.ferc.gov using the ‘‘RIMS’’ link, site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P select ‘‘Docket#’’ and follow the Magalie R. Salas, instructions (call 202–208–2222 for assistance). Comments, protests and Secretary. DEPARTMENT OF ENERGY [FR Doc. 02–5728 Filed 3–8–02; 8:45 am] interventions may be filed electronically Federal Energy Regulatory BILLING CODE 6717–01–P via the Internet in lieu of paper. See, 18 Commission CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s web [Docket No. PR02–11–000] site under the ‘‘e-Filing’’ link. DEPARTMENT OF ENERGY Jefferson Island Storage & Hub L.L.C.; Magalie R. Salas, Federal Energy Regulatory Notice of Petition for Rate Approval Secretary. Commission March 5, 2002. [FR Doc. 02–5731 Filed 3–8–02; 8:45 am] [Docket No. RP02–165–000] Take notice that on February 26, 2002, BILLING CODE 6717–01–P Horizon Pipeline Company, L.L.C.; Jefferson Island Storage & Hub, L.L.C. Notice of Proposed Changes in FERC (Jefferson Island ) filed, pursuant to DEPARTMENT OF ENERGY Gas Tariff Section 284.123(b)(2) of the Commission’s Regulations, a petition for Federal Energy Regulatory March 5, 2002. rate approval of a system-wide rate it Commission Take notice that on February 27, 2002, proposes to charge for transporting Horizon Pipeline Company, L.L.C. natural gas pursuant to section 311(a)(2) [Docket No. RP02–153–001] (Horizon) tendered for filing to become of the Natural Gas Policy Act of 1978 Horizon Pipeline Company, L.L.C.; part of its FERC Gas Tariff, Original (NGPA). Jefferson Island proposes to Notice of Proposed Changes in FERC Volume No. 1, certain tariff sheets listed continue its current maximum Gas Tariff in Appendix A to the filing, to be interruptible rate of $0.08000 per effective April 1, 2002. MMBtu plus a two-percent in-kind fuel March 5, 2002. Horizon states that the purpose of this reimbursement when compression is Take notice that on March 1, 2002, filing is to update Horizon’s pending required for pipeline boost. Jefferson Horizon Pipeline Company, L.L.C. Tariff and correct or clarify various Island requests that rates be effective (Horizon) tendered for filing to become provisions. January 15, 2002. part of its pending FERC Gas Tariff, Horizon states that copies of the filing Pursuant to section 284.123(b)(2)(ii), Original Volume No. 1, pro forma First are being mailed to interested state if the Commission does not act within Revised Sheet No. 149A. Horizon states commissions and all parties set out on 150 days of the date of this filing, the that it also withdrew pending pro forma the Commission’s official service lists in rates will be deemed to be fair and First Revised Sheet No. 197 Horizon Docket Nos. CP00–129 and CP00–132. equitable and not in excess of an states that the purpose of this filing is Any person desiring to be heard or to amount which interstate pipelines to modify its Order No. 637 compliance protest said filing should file a motion would be permitted to charge for similar filing based on customer’s comments. to intervene or a protest with the transportation service. The Commission Horizon states that copies of the filing Federal Energy Regulatory Commission, may, prior to the expiration of the 150 are being mailed to interested state 888 First Street, NE., Washington, DC day period, extend the time for action or commissions and all parties set out on 20426, in accordance with sections institute a proceeding to afford parties the Commission’s official service lists in 385.214 or 385.211 of the Commission’s an opportunity for written comments Docket Nos. RP02–153 and CP00–129, et rules and regulations. All such motions and for the oral presentation of views, al. or protests must be filed in accordance data, and arguments. Any person desiring to protest said with section 154.210 of the Any person desiring to participate in filing should file a protest with the Commission’s regulations. Protests will this rate proceeding must file a motion Federal Energy Regulatory Commission, be considered by the Commission in to intervene or protest with the Federal 888 First Street, NE., Washington, DC determining the appropriate action to be Energy Regulatory Commission, 888 20426, in accordance with Section taken, but will not serve to make First Street, NE., Washington DC 20426, 385.211 of the Commission’s rules and protestants parties to the proceedings. in accordance with Sections 385.214 or regulations. All such protests must be Any person wishing to become a party 385.211 of the Commission’s Rules and filed in accordance with Section must file a motion to intervene. Copies Regulations. All such motions or 154.210 of the Commission’s of this filing are on file with the protests must be filed with the Secretary Regulations. Protests will be considered Commission and are available for public of the Commission on or before March by the Commission in determining the inspection. This filing may also be 26, 2002. Protests will be considered by appropriate action to be taken, but will viewed on the Web at http:// the Commission in determining the not serve to make protestants parties to www.ferc.gov using the ‘‘RIMS’’ link, appropriate action to be taken, but will the proceedings. Copies of this filing are select ‘‘Docket#’’ and follow the not serve to make protestants parties to on file with the Commission and are instructions (call 202–208–2222 for the proceedings. Any person wishing to available for public inspection. This assistance). Comments, protests and become a party must file a motion to filing may also be viewed on the Web interventions may be filed electronically intervene. This petition for rate at http://www.ferc.gov using the ‘‘RIMS’’ via the Internet in lieu of paper. See, 18 approval is on file with the Commission link, select ‘‘Docket#’’ and follow the CFR 385.2001(a)(1)(iii) and the and are available for public inspection.
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This filing may also be viewed on the instructions on the Commission’s Web Natural Gas Act (NGA), as amended, Web at http://www.ferc.gov using the site under the ‘‘e-Filing’’ link. and the Federal Energy Regulatory ‘‘RIMS’’ link, select ‘‘Docket#’’ and Commission’s (the Commission) Rules Magalie R. Salas, follow the instructions (call 202–208– and Regulations thereunder. Steuben 2222 for assistance). Comments, protests Secretary. Gas requests authorization to modify and interventions may be filed [FR Doc. 02–5724 Filed 3–8–02; 8:45 am] two wells at the Adrian storage field in electronically via the Internet in lieu of BILLING CODE 6717–01–P Steuben County, New York. The paper. See, 18 CFR 385.2001(a)(1)(iii) modifications will consist of: converting and the instructions on the Adrian No. 2 well from an observation DEPARTMENT OF ENERGY Commission’s Web site under the ‘‘e- well to an injection/withdrawal well; Filing’’ link. Federal Energy Regulatory and, laterally extending up to 1500 feet Commission Adrian No. 8 well. These modifications Magalie R. Salas, are to improve the Adrian field’s late- Secretary. [Project No. 2114–104] season deliverability, while maintaining [FR Doc. 02–5722 Filed 3–8–02; 8:45 am] the field’s maximum operating limits BILLING CODE 6717–01–P Public Utility District No. 2 of Grant originally certificated, all as more fully County, Washington; Notice set forth in the application, which is on Dismissing Complaint file with the Commission, and open for DEPARTMENT OF ENERGY March 4, 2002. public inspection. This filing may be On February 12, 2002, the Yakama viewed on the Web at http:// Federal Energy Regulatory www.ferc.gov using the ‘‘RIMS’’ link, Commission Nation (Complainant) filed a complaint against Public Utility District No. 2 of select ‘‘Docket #’’ and follow the [Docket No. RP97–374–004] Grant County, Washington (Grant instructions (call 202–208–2222 for County), alleging that Grant County is in assistance). Northwest Pipeline Corporation; Notice violation of its license for the Priest Steuben Gas requests that the Commission issue a certificate by May of Compliance Filing Rapids Hydroelectric Project No. 2114, 1, 2002 so that contracts may be Federal law authorizing the March 5, 2002. awarded and required work completed development of the Project, and certain Take notice that on February 28, 2002, by July 31, 2002. The cost of the sections of the Federal Power Act. The Northwest Pipeline Corporation modifications is estimated to be Complainant requested that the (Northwest) tendered for filing as part of approximately $700,000. No new rates Commission employ fast track its FERC Gas Tariff, Third Revised or rate schedules are proposed. The procedures to address its complaint. Volume No. 1, the following tariff On February 28, 2002, Complainant proposed modifications should improve sheets, with an effective date of filed a motion, citing unspecified the storage field’s operating reliability and availability and provide significant February 18, 2002: changed circumstances, requesting that operational benefits to all customers, so Substitute Eleventh Revised Sheet No. 364 the Commission hold processing of its Steuben Gas would be allowed to roll- Substitute Original Sheet No. 370 complaint in abeyance pending the in the modification’s costs in a future filing of an amended complaint at an Northwest states that, consistent with rate case. No changes are proposed to unspecified future time. Rather than the Commission’s order in this the currently authorized Maximum holding the complaint in abeyance proceeding, it is submitting tariff sheets Daily Withdrawal Quantity or pending the filing of a new, revised to reflect removal of the nonconforming Maximum Daily Injection Quantity complaint, we will dismiss it without provision in Northwest’s negotiated rate levels. service agreement with Calpine Energy prejudice. At such time as complainant Questions regarding this filing should Services, L.P. files an amended complaint, it will be be directed to Dawn A. McGuire, Any person desiring to protest said noticed and a deadline for responses Attorney, Steuben Gas Storage filing should file a protest with the thereto will be established. Company, 9 E Greenway Plaza, Federal Energy Regulatory Commission, Magalie R. Salas, Houston, TX 77046 or call (832) 676– 888 First Street, NE., Washington, DC Secretary. 5503. 20426, in accordance with Section [FR Doc. 02–5696 Filed 3–8–02; 8:45 am] There are two ways to become 385.211 of the Commission’s Rules and involved in the Commission’s review of Regulations. All such protests must be BILLING CODE 6717–01–P this project. First, any person wishing to filed in accordance with Section obtain legal status by becoming a party 154.210 of the Commission’s DEPARTMENT OF ENERGY to the proceedings for this project Regulations. Protests will be considered should, on or before March 26, 2002, file by the Commission in determining the Federal Energy Regulatory with the Federal Energy Regulatory appropriate action to be taken, but will Commission Commission, 888 First Street, NE, not serve to make protestants parties to Washington, DC 20426, a motion to the proceedings. Copies of this filing are [Docket No. CP02–95–000] intervene in accordance with the on file with the Commission and are Steuben Gas Storage Company; Notice requirements of the Commission’s Rules available for public inspection. This of Application of Practice and Procedure (18 CFR filing may also be viewed on the Web 385.214 or 385.211) and the Regulations at http://www.ferc.gov using the ‘‘RIMS’’ March 5, 2002. under the NGA (18 CFR 157.10). A link, select ‘‘Docket#’’ and follow the Take notice that on February 22, 2002, person obtaining party status will be instructions (call 202–208–2222 for Steuben Gas Storage Company (Steuben placed on the service list maintained by assistance). Comments, protests and Gas), Nine Greenway Plaza, Houston, the Secretary of the Commission and interventions may be filed electronically Texas 77046, filed an application for a will receive copies of all documents via the Internet in lieu of paper. See, 18 certificate of public convenience and filed by the applicant and by all other CFR 385.2001(a)(1)(iii) and the necessity pursuant to section 7 of the parties. A party must submit 14 copies
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of filings made with the Commission comments or to intervene as early in the link—select ‘‘Docket #’’ and follow the and must mail a copy to the applicant process as possible. instructions (call 202–208–2222 for and to every other party in the If the Commission decides to set the assistance). proceeding. Only parties to the application for a formal hearing before For further information, contact Ellen proceeding can ask for court review of an Administrative Law Judge, the Armbruster (202) 208–1672. Commission orders in the proceeding. Commission will issue another notice Magalie R. Salas, describing that process. At the end of However, a person does not have to Secretary. intervene in order to have comments the Commission’s review process, a [FR Doc. 02–5697 Filed 3–8–02; 8:45 am] considered. The second way to final Commission order approving or participate is by filing with the denying a certificate will be issued. BILLING CODE 6717–01–P Secretary of the Commission, as soon as Comments, protests and interventions may be filed electronically via the possible, an original and two copies of DEPARTMENT OF ENERGY comments in support of or in opposition Internet in lieu of paper. See, 18 CFR to this project. The Commission will 385.2001(a)(1)(iii) and the instructions Federal Energy Regulatory consider these comments in on the Commission’s Web site under the Commission determining the appropriate action to be ‘‘e-Filing’’ link. [Docket No. CP01–361–000] taken, but the filing of a comment alone Magalie R. Salas, will not serve to make the filer a party Secretary. Northwest Pipeline Corp.; Notice of to the proceeding. The Commission’s Availability of the Environmental rules require that persons filing [FR Doc. 02–5719 Filed 3–8–02; 8:45 am] BILLING CODE 6717–01–P Assessment for the Proposed Grays comments in opposition to the project Harbor Pipeline Project provide copies of their protests only to March 4, 2002. the party or parties directly involved in DEPARTMENT OF ENERGY the protest. The staff of the Federal Energy Persons who wish to comment only Federal Energy Regulatory Regulatory Commission (FERC or on the environmental review of this Commission Commission) has prepared an project should submit an original and environmental assessment (EA) on the two copies of their comments to the [Project No. 6032–041] natural gas pipeline facilities proposed by Northwest Pipeline Corporation Secretary of the Commission. Niagara Mohawk Power Corporation Environmental commenters will be (Northwest) in the above-referenced and Fourth Branch Associates docket. placed on the Commission’s (Mechanicville); New York; Notice of environmental mailing list, will receive The EA was prepared to satisfy the Availability of Final Environmental requirements of the National copies of the environmental documents, Assessment and will be notified of meetings Environmental Policy Act. The staff associated with the Commission’s March 4, 2002. concludes that approval of the proposed environmental review process. In accordance with the National project, with appropriate mitigating measures, would not constitute a major Environmental commenters will not be Environmental Policy Act of 1969 and Federal action significantly affecting the required to serve copies of filed the Federal Energy Regulatory documents on all other parties. quality of the human environment. Commission’s (Commission) The EA assesses the potential However, the nonparty commenters will regulations, 18 CFR part 380 (Order No. not receive copies of all documents filed environmental effects of the 486, 52 FR 47897), the Office of Energy construction and operation of the by other parties or issued by the Projects has reviewed the application proposed gas pipeline and aboveground Commission (except for the mailing of for license for the Mechanicville facilities including: environmental documents issued by the Hydroelectric Project, located on the • About 49.0 miles of a 20-inch- Commission) and will not have the right Hudson River in Saratoga and diameter pipeline in Thurston and to seek court review of the Rensselaer Counties, New York, and has Grays Harbor Counties, Washington, Commission’s final order. prepared a Final Environmental which would tie in with Northwest’s The Commission may issue a Assessment (FEA) for the project. A existing mainline and mainline loop preliminary determination on non- Draft Environmental Assessment was south of the Town of Ranier in Thurston environmental issues prior to the issued on November 13, 2001. No County, Washington. The pipeline completion of its review of the federal lands or Indian reservations are would extend from the interconnect environmental aspects of the project. occupied by project works or located with Northwest’s existing system to the This preliminary determination within the project boundary. Satsop Combustion Turbine Project that typically considers such issues as the The FEA contains the staff’s analysis is being constructed in the town of need for the project and its economic of the potential environmental impacts Satsop in Grays Harbor County, effect on existing customers of the of the project and concludes that Washington. applicant, on other pipelines in the area, surrendering the license for the project, • A meter station adjacent to the and on landowners and communities. with appropriate environmental Satsop Project plant site at the end of For example, the Commission considers protective measures, would not the pipeline; the extent to which the applicant may constitute a major federal action that • Upgrades to the existing Tumwater need to exercise eminent domain to would significantly affect the quality of Compressor Station in Thurston County, obtain rights-of-way for the proposed the human environment. including the addition of a new project and balances that against the A copy of the FEA is attached to the compressor unit (rated 3,894 non-environmental benefits to be Commission Order Accepting License horsepower) and replacement of an provided by the project. Therefore, if a Surrender issued on February 28, 2002 existing backup generator with a 355 person has comments on community and is available for public inspection. kilowatt backup generator; and and landowner impacts from this The FEA may also be viewed on the web • Other aboveground facilities proposal, it is important either to file at http://www.ferc.gov using the ‘‘RIMS’’ including two 20-inch-diameter
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mainline taps, a pig launcher, four 20- become a party to the proceeding must the site visits may contact the inch-diameter block valve assemblies; file a motion to intervene pursuant to Commission’s Office of External Affairs and a new antenna and radio repeater at Rule 214 of the Commission’s Rules of at (201) 208–1088 for more details and the existing Capitol Peak radio site. Practice and Procedures (18 CFR must provide their own transportation. The purpose of the proposed facilities 385.214).1 Only intervenors have the would be to supply natural gas to fully right to seek rehearing of the Magalie R. Salas, operate Duke Energy Grays Harbor Commission’s decision. Secretary. LLC’s Satsop Combustion Turbine Affected landowners and parties with [FR Doc. 02–5695 Filed 3–8–02; 8:45 am] Project in Satsop, Washington. The environmental concerns may be granted BILLING CODE 6717–01–P pipeline would have a design capacity intervenor status upon showing good of up to 161,500 dekatherms per day. cause by stating that they have a clear The electricity produced by the Satsop and direct interest in this proceeding DEPARTMENT OF ENERGY Combustion Turbine Project would be which would not be adequately Federal Energy Regulatory sold in the wholesale electric market. A represented by any other parties. You do Commission portion of the output would be not need intervenor status to have your delivered to Energy Northwest, and the comments considered. [Docket No. EL01–118–000] balance would be delivered to Additional information about the Bonneville Power Authority to help proposed project is available from the Investigation of Terms and Conditions satisfy current and projected power Commission’s Office of External Affairs, of Public Utility Market-Based Rate demand. at (202) 208–1088 or on the FERC Authorizations; Notice of Staff The EA has been placed in the public Internet website (www.ferc.gov) using Conference Agenda files of the FERC. A limited number of the ‘‘RIMS’’ link to information in this March 1, 2002. copies of the EA are available for docket number. Click on the ‘‘RIMS’’ As announced in the Notice of Staff distribution and public inspection at: link, select ‘‘Docket #’’ from the RIMS Conference issued on February 25, 2002, Federal Energy Regulatory Commission, Menu, and follow the instructions. For Commission staff will hold a conference Public Reference and Files Maintenance assistance with access to RIMS, the on March 11, 2002 to address the Branch 888 First Street, N.E., Room 2A, RIMS helpline can be reached at (202) comments and reply comments that Washington, DC 20426, (202) 208–1371. 208–2222. Copies of the EA have been mailed to Similarly, the ‘‘CIPS’’ link on the were filed in this proceeding. The Federal, state and local agencies, public FERC Internet website provides access purpose of this conference is to interest groups, interested individuals, to the texts of formal documents issued determine whether and how the newspapers, and parties to this by the Commission, such as orders, proposed tariff condition can be proceeding. notices, and rulemakings. From the modified to address legitimate concerns Any person wishing to comment on FERC Internet website, click on the that have been raised by commenters the EA may do so. To ensure ‘‘CIPS’’ link, select ‘‘Docket #’’ from the while, at the same time, protecting consideration prior to a Commission CIPS menu, and follow the instructions. customers against unjust and decision on the proposal, it is important For assistance with access to CIPS, the unreasonable rates that may result from that we receive your comments before CIPS helpline can be reached at (202) anticompetitive behavior or the exercise the date specified below. Please 208–2474. of market power. A key question to be carefully follow these instructions to considered is whether the proposed Magalie R. Salas, tariff condition can be modified to ensure that your comments are received Secretary. in time and properly recorded: adequately protect customers on an • Send two copies of your comments [FR Doc. 02–5694 Filed 3–8–02; 8:45 am] interim basis until such time as the to: Secretary, Federal Energy Regulatory BILLING CODE 6717–01–P Commission adopts other measures to Commission 888 First St., N.E., Room ensure competitive markets, including standard market design rules (with 1A, Washington, DC 20426; DEPARTMENT OF ENERGY • Label one copy of the comments for market-power mitigation rules where appropriate) and the establishment of the attention of the Office of Energy Federal Energy Regulatory RTO market monitoring units. At that Projects (Gas Branch 2) Commission • Reference Docket No. CP01–361– time, a determination could be made as 000; and [Docket No. CP01–415–000] to whether a tariff condition will • Mail your comments so that they continue to be needed. will be received in Washington, DC on East Tennessee Natural Gas Company; The conference will start at 9:30 a.m. or before April 3, 2002. Notice of Site Visit and adjourn at 1:30 p.m. It is scheduled Comments may also be filed March 4, 2002. to be held in the Commission meeting electronically via the Internet in lieu of Between March 18–20, 2002 the staff room at the Federal Energy Regulatory paper. See 18 CFR 385.2001(a)(1)(iii) will be conducting site visits of the Commission, 888 First Street, NE, and the instructions on the project route for the proposed Patriot Washington, DC The conference is open Commission’s web site at http:// Expansion in Wythe and Smyth for the public to attend. An agenda of the conference that www.ferc.gov under the ‘‘e-Filing’’ link Counties in Virginia and in Sullivan, includes a list of conference panelists is and the link to the User’s Guide. Before Knox, Hamilton, Franklin, and Morgan appended to this notice as Attachment you can file comments you will need to Counties in Tennessee. Representatives A. In addition, a staff paper that create an account which can be created of East Tennessee Natural Gas Company provides an overview of the comments by clicking on ‘‘Login to File’’ and then will accompany Commission staff. and identifies possible modifications to ‘‘New User Account.’’ Anyone interested in participating in Comments will be considered by the the tariff condition is appended to this Commission but will not serve to make 1 Interventions may also be filed electronically via notice as Attachment B. Those who the commentor a party to the the Internet in lieu of paper. See the previous wish to submit comments following the proceeding. Any person seeking to discussion on filing comments electronically. conference may file written comments,
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limited to 20 pages in length, by March Internet at www.hearing.com. The could result in unjust or unreasonableness 22, 2002. Internet audio will be archived and rates. The Commission proposed to take steps available for listening after the event is now to minimize the potential for any such Filing Requirements for Paper and completed. Billing is based on listening market power abuse or anticompetitive Electronic Filings behavior to protect customers against time. Comments, papers, or other possible unjust and unreasonable rates. In Anyone interested in purchasing particular, the Commission proposed to documents related to this proceeding videotapes of the conference should call revise all existing market-based rate tariffs may be filed in paper format or VISCOM at 703–715–7999. and authorizations to include the following electronically. Those filing Questions about the conference provision: ‘‘As a condition of obtaining and electronically do not need to make a program should be directed to: Saida retaining market-based rate authority, the paper filing. Shaalan Office of Markets, Tariffs, and seller is prohibited from engaging in For paper filings, the original and 14 Rates Federal Energy Regulatory anticompetitive behavior or the exercise of copies of the comments should be Commission 888 First Street, NE market power. The seller’s market-based rate submitted to the Office of the Secretary, Washington, DC 20426 202–208–0278 authority is subject to refunds or other Federal Energy Regulatory Commission, remedies as may be appropriate to address [email protected] any anticompetitive behavior or exercise of 888 First Street, NE, Washington DC Linwood A. Watson, Jr., market power.’’ 20426 and should refer to Docket No. The Commission stated that Deputy Secretary. EL01–118–000. anticompetitive behavior or exercises of Documents filed electronically via the Attachment A market power include behavior that raises Internet must be prepared in Agenda—Conference on Investigation of the market price through physical or WordPerfect, MS Word, Portable Terms and Conditions of Public Utility economic withholding of supplies. The Document Format, or ASCII format. To Market-Based Rate Authorizations November 20 Order explains that ‘‘physical withholding’’ occurs ‘‘when a supplier fails file the document, access the [Docket No. EL01–118–000] Commission’s website at www.ferc.gov, to offer its output to the market during click on ‘‘E-Filing’’ and then follow the I. Opening Remarks—9:30 a.m.–10 a.m. periods when the market price exceeds the supplier’s full incremental costs,’’ and instructions for each screen. First time • David Hunger, Economist, Office of Markets, Tariffs and Rates, Division of Rates ‘‘economic withholding’’ occurs ‘‘when a users will have to establish a user name supplier offers output to the market at a price and password. The Commission will and Tariffs, West • Jerome Pederson, Energy Industry that is above both its full incremental costs send an automatic acknowledgment to Analyst, Office of Markets, Tariffs and Rates, and the market price (and thus, the output is the sender’s E-mail address upon receipt Division of Issue Identification and not sold).’’ of comments. User assistance for Resolution Management The Commission solicited initial and reply electronic filing is available at 202–208– • Joyce Kim, Staff Attorney, Office of comments on its proposal. More than 90 0258 or by E-mail to [email protected]. General Counsel comments (initial and reply) were received. Comments should not be submitted to Some commenters argue that the I. Panel Discussion—10 a.m.–11:30 a.m. Commission’s proposed tariff condition is the E-mail address. • Steven Cadwallader, Connecticut overly broad or vague and will create All comments will be placed in the Department of Public Utilities Control uncertainty in the marketplace. Others argue Commission’s public files and will be • Julie Simon, Vice President of Policy, that the condition does not go far enough. An available for inspection in the Electric Power Supply Association overview of the comments and a list of Commission’s Public Reference Room at • Scott M. Harvey, Director with LECG, possible modifications to the tariff condition 888 First Street, NE, Washington DC LLC is provided below. 20426, during regular business hours. • John C. Hilke, Economist and Electricity The purpose of this conference is to Additionally, all comments may be Project Coordinator, Bureau of Economics, determine whether and how the proposed viewed, printed, or downloaded Federal Trade Commission tariff condition could be modified to address • Mark M. Jacobs, Goldman Sachs and remotely via the Internet through legitimate concerns that have been raised by Company the commenters while, at the same time, FERC’s Homepage using the RIMS link. • Gerald Norlander, Director, Public satisfying the Commission’s concern that User assistance for RIMS is available at Utility Law Project, National Association of customers be protected against unjust and 202–208–2222, or by E-mail to State Utility Consumer Advocates unreasonable rates that may result from [email protected]. • Robert O’Neil, Counsel for National anticompetitive behavior or the exercise of Rural Electric Cooperative Association market power. A key question to be Opportunities for Listening to and Break 11:30 a.m.–11:45 a.m. considered is whether the proposed tariff Viewing the Conference Offsite and condition can be modified to adequately Obtaining a Transcript III. Open Discussion (Open to any interested protect customers on an interim basis until participant)—11:45 a.m.–1:30 p.m. The conference will be transcribed. such time as the Commission adopts other Those interested in obtaining transcripts Attachment B measures to ensure competitive markets, should contact Ace Federal Reporters at including standard market design rules (with Staff Paper—Conference on Investigation of market-power mitigation rules where 202–347–3700. Terms and Conditions of Public Utility appropriate) and the establishment of RTO The Capitol Connection will Market-Based Rate Authorizations market monitoring units. At that time, a broadcast the conference live via the [Docket No. EL01–118–000] determination could be made as to whether Internet and by phone. To find out more a tariff condition will continue to be needed. about The Capitol Connection’s Internet I. Commission’s Proposal in November 20, 2001 Order II. Overview of Comments and phone bridge, contact David Reininger or Julia Morelli at 703–993– In the November 20 Order in this The November 20 Order proposed a tariff proceeding,1 the Commission noted that it 3100 or go to condition prohibiting anticompetitive has become increasingly concerned about the behavior or the exercise of market power. www.capitolconnection.gmu.edu. potential that public utilities with market- The November 20 Order highlighted two Live and archived audio of the based rate authorization might, under certain ways to exercise market power: physical and conference will also available for a fee circumstances, exercise market power or economic withholding of output. The via National Narrowcast Network. Live engage in anticompetitive behavior that November 20 Order stated that withholding audio is available by telephone at 202– supplies can also occur when a seller is able 966–2211 and by subscription on the 1 97 FERC ¶ 61,220 (2001). to erect barriers to entry that limit or prevent
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others from offering supplies to the market or out of service or run it at less than full • There should be various exemptions that raise the costs of other suppliers. capacity for reliability purposes. If the such as: Market dysfunction unrelated to Examples would include denying, delaying, operator faces the risk of having the unit’s seller misconduct; entities which are too or requiring unreasonable terms, conditions, revenues subject to refund or having its small to exercise market power effectively; or rates for natural gas service to a potential market-based rate authority revoked, it may forward markets including bilateral sales electric competitor in bulk power markets. be forced to operate the plant in a way that outside the spot market; power marketers Some commenters argue that the proposed reduces its reliability. that do not own physical assets; transactions into a market with Commission-approved definition of both economic and physical C. Market Price withholding is vague and overly broad. These market monitoring and mitigation measures. commenters generally argue that because the The November 20 Order stated that • Some commenters propose that a definitions do not consider certain physical, anticompetitive behavior or exercises of specific time limit for claiming refunds be institutional and regulatory constraints, market power include behavior that raises instituted while others argue that such a time suppliers will be subject to penalties and/or the market price through physical or limit will reward violaters who successfully refunds in many cases where they were economic withholding of supplies. conceal their anticompetitive behavior. Some commenters claimed these problems simply making reasonable business F. Procedural Issues decisions, not exercising market power. with identifying market price: • Suppliers can sell into many different Due to concerns regarding the impact of A. Economic Withholding markets. the refund condition, commenters make the • The November 20 Order defined economic Markets are differentiated across time following recommendations: withholding as occurring when a supplier (e.g., forward vs. spot) and product (e.g., 1. Administrative concerns: offers output to the market at a price that is energy vs. reserves). • Clarify and specify the requirements for filing a pleading seeking to trigger a refund above both its full incremental costs and the D. Economic Consequences market price (and thus, the output is not investigation and the burden of proof in such sold). Some commenters contend that entry of proceedings; adopt a streamlined-resolution Some commenters claimed these problems new electricity generating facilities, and the process or expedited complaint-review value of existing plants, may be reduced with identifying economic withholding: process. because of the risk of refunds imposed as a • Pay-as-bid markets: Much of the market 2. Due process concerns: result of the proposed tariff condition. • activity takes place in bilateral markets Clarify that sellers will be given the Potential suppliers may be less interested in where the supplier is paid its bid. In those opportunity to respond to charges and building new facilities and those that are markets, competitive suppliers base their explain the basis for their actions (e.g., a trial- interested may not be able to obtain financing bids on the perceived value of their product, type hearing). or would have to borrow at higher interest not merely the marginal cost of production. 3. Concerns regarding regulatory risk and rates (due to the increased uncertainty), thus • Energy-limited units: For units that are transaction finality: deterring entry. • constrained by the number of hours they can Investigate on a case-by-case basis and run, such as hydroelectric facilities or plants E. Penalty for Prohibited Behavior provide the requisite notice. • Establish a reasonable period of time for facing emissions limitations, the opportunity In its November 20 Order, the Commission cost of running in a given hour is the filing a complaint, or commencing an stated: investigation, and a reasonable retroactive foregone profit in another hour. Commenters Should public utility market participants argue that suppliers must bid in excess of refund period. engage in prohibited behavior, their rates will • To avoid the reduction of the market running costs in order to account for the be subject to increased scrutiny by the opportunity costs. Under the Order’s value of non-rate-base generating stations, Commission, and to potential refunds or such such as merchant power plants, establish definition of economic withholding, such other remedies as may be appropriate. This bids would be considered to be engaging in bright-line procedures for facilities’ transfers could result in further conditions or which will preserve their market-based rate economic withholding and subject to refund. restrictions on their market-based rate • authorizations. Start-up and minimum load costs: For authority, including, for example, units with start-up costs, it may not be prospective revocation of the market-based III. Possible Modifications to Tariff profitable for the plant to provide energy for rate authority of the seller or any of its Condition only a few hours when the market price affiliates, or conditions precluding the seller A. Modifications to Definitions exceeds its incremental costs. If the revenue from selling at market-based rates to its during a given time period is not large affiliates. Based on comments regarding the enough to offset the startup costs as well as 1. Comments generally in support: definitions of economic withholding and the variable running costs, then it would not • The refund condition should be broad physical withholding, should we modify the be profitable for a plant to run for that period. enough to allow for refunds from all sellers proposed definitions? If so, how? The generator may submit bids in excess of who profit from anticompetitive behavior • Should the term ‘‘full incremental cost’’ marginal cost in order to recover its startup regardless of whether a particular seller was be clarified (e.g., to include opportunity costs. engaged in the anticompetitive behavior. cost)? • Reasonable penalties or other sanctions • Should the use of the term ‘‘market B. Physical Withholding in individual cases in which a supplier has price’’ be clarified, e.g., as to time (forward The November 20 Order defined physical exercised market-power may be warranted. vs. spot), product (energy vs. reserves) and withholding as occurring when a supplier 2. Comments generally in opposition: geographic market? fails to offer its output to the market during • The November 20 Order does not explain • Should environmental, operational and periods when the market price exceeds the or provide examples of how a seller with reliability factors be taken into account for supplier’s full incremental costs. market-based rate authority can be in a purposes of determining whether physical Some commenters claimed these problems position to abuse market power. withholding has occurred? If so, how? with identifying physical withholding: • The Commission should rely on existing • In the cases of energy limited units, monitoring plans and deal with alleged B. Limit Applicability to Certain Markets/ outage risk and operating risks, if the abuses on a case-by-case review. Market Participants suppliers cannot bid sufficiently high to • As written, the November 20 Order • Should we exempt sales in markets that avoid running all of their capacity could penalize those who have not are fully competitive with effective market (potentially engaging in economical committed anticompetitive acts. monitoring; exempt all suppliers in an withholding) they will be forced to simply 3. Modifications proposed by commenters: approved RTO market with Commission- hold back some or all of their output, even • The refund condition should apply only approved bid caps? when the market price is greater than their to spot market sales; to wholesale sellers • Should we exempt power supply full incremental costs. possessing market power; or to generation agreements of a specified duration or • A plant operator needs to be able to affiliated with vertically-integrated agreements where parties explicitly waive decide what is the best time to take a plant transmission and distribution assets. refund obligations; exempt all bilateral
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contracts; create safe harbors (rebuttable 787th—Meeting March 13, 2002, Docket# ER02–4, 000, Pacific Gas & presumption of legality) for certain Regular Meeting, 10 a.m. Electric Company transactions, such as, those with markups at E–10. a certain level above marginal cost? Administrative Agenda • Docket# ER02–358, 000, Pacific Gas Should we limit the condition to the A–1. specific market(s) in which a seller has and Electric Company market-power, and tailor mitigation rules to Docket# AD02–1, 000, Agency Other#s ER01–2998, 000, Pacific Gas those firms given their particular Administrative Matters and Electric Company circumstances, while exempting from the A–2. E–11. rules those generators that are unable or Docket# AD02–7, 000, Customer Docket# ER02–782, 000, Florida unlikely to exercise market power, such as Matters, Reliability, Security and Power & Light Company net buyers, and small, single-plant suppliers? Market Operations E–12. • Should we set an impact threshold for A–3. Docket# EL99–14, 003, Southwestern alleged violations? Docket# AD01–3, 000, California Electric Cooperative, Inc. v. C. Procedure Modifications/Applicability Infrastructure Update Soyland Power Cooperative, Inc. Based on Timing A–4. Other#s EL99–14, 004, Southwestern • Should we limit the window of refund Docket# AD02–12, 000, Northeast Electric Cooperative, Inc. v. potential so that transactions would not be RTO Update Soyland Power Cooperative, Inc. subject to refund unless specifically Other#s RT01–86, 000, Bangor Hydro- E–13. challenged within a particular timeframe; set Electric Company; RT01–86, 001, Docket# EC02–15, 000, Cinergy a sunset date for the refund condition? Bangor Hydro-Electric Company; Services, Inc., Cinergy Corporation, • Should we clarify the type of RT01–86, 002, Bangor Hydro- The Cincinnati Gas & Electric opportunity that sellers will be given to Electric Company; RT01–95, 000, Company, Cinergy Power respond to allegations and explain the basis for their actions (e.g., a trial-type hearing)? New York Independent System Investments and PSI Energy, Inc. Operator Inc.; RT01–95, 001, New Other#s ER02–177, 000, Cinergy D. Other Suggestions York Independent System Operator Services, Inc., Cinergy Corporation, • Should we impose temporary price caps Inc.; RT01–95, 002, New York The Cincinnati Gas & Electric along with reserve capacity requirements Independent System Operator Inc.; Company, Cinergy Power until a competitive market structure emerges? RT01–99, 000, Regional Investments and PSI Energy, Inc.; • Should we tailor mitigation measures to Transmission Organizations; RT01– ER02–177, 001, Cinergy Services, be applied to a particular exercise of market Inc., Cinergy Corporation, The power, class of participant, and sector? 99, 001, Regional Transmission Organizations; RT01–99, 002, Cincinnati Gas & Electric Company, [FR Doc. 02–5693 Filed 3–8–02; 8:45 am] Regional Transmission Cinergy Power Investments and PSI BILLING CODE 6717–01–P Organizations; RT01–99, 003, Energy, Inc.; ER02–177, 002, Regional Transmission Cinergy Services, Inc., Cinergy Organizations Corporation, The Cincinnati Gas & DEPARTMENT OF ENERGY Electric Company, Cinergy Power Markets, Tariffs and Rates—Electric Investments and PSI Energy, Inc.; Federal Energy Regulatory E–1. EC02–15, 001, Cinergy Services, Commission Docket# RM01–12, 000, Standard Inc., Cinergy Corporation, The Market Design Scoping Notice of Meeting Cincinnati Gas & Electric Company, E–2. Cinergy Power Investments and PSI March 6, 2002. Docket# ER02–766, 000, Florida Energy, Inc. The following notice of meeting is Power & Light Company E–14. published pursuant to section 3(A) of E–3. Docket# EL01–78, 001, LG&E Energy the Government in the Sunshine Act Docket# ER02–637, 000, Pacific Gas Marketing, Inc. v. Southern (Pub. L. No. 94–409), 5 U.S.C 552B: and Electric Company Company Services, Inc. and Georgia AGENCY HOLDING MEETING: Federal Other#s ER02–637, 001, Pacific Gas Transmission Corporation Energy Regulatory Commission. and Electric Company E–15. E–4. Docket# EL01–65, 001, Californians DATE AND TIME: March 13, 2002, 10:00 Docket# ER02–405, 000, Entergy a.m. for Renewable Energy, Inc. v. Services, Inc. British Columbia Hydro and Power PLACE: Room 2C, 888 First Street, NE, Other#s ER02–405, 001, Entergy Authority, Powerex Corporation, Washington, DC 20426. Services, Inc. Southern Energy Marketing STATUS: Open. E–5. Company (Mirant) and Bonneville MATTERS TO BE CONSIDERED: Agenda. Docket# ER02–338, 000, Portland Power AdministrationE–16. *Note—Items listed on the agenda General Electric Company Docket# ER02–111, 001, Midwest may be deleted without further notice. Other#s ER02–338, 001, Portland Independent Transmission System CONTACT PERSON FOR MORE INFORMATION: General Electric Company Operator, Inc. Magalie R. Salas, Secretary. Telephone E–6. E–17. (202) 208–0400. For a recording listing Docket# ER02–818, 000, LG&E Capital Docket# ER02–170, 001, Boston items stricken from or added to the Trimble County LLC Edison Company meeting, call (202) 208–1627. E–7. E–18. This is a list of matters to be Docket# ER01–1740, 000, New York Docket# ER02–132, 002, American considered by the Commission. It does Independent System Operator Inc. Transmission Systems, Inc. not include a listing of all papers Other#s ER01–1520, 000, New York E–19. relevant to the items on the agenda; Independent System Operator Inc. Docket# EL01–92, 001, Bangor Hydro- however, all public documents may be E–8. Electric Company examined in the reference and Omitted E–20. information center. E–9. Docket# ER02–42, 001, GWF Energy
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LLC E–34. 002, Dayton Power and Light Other#s ER00–2998, 003, Southern Docket# EL02–46, 000, Generator Company; RT01–44, 002, Arizona Company Services, Inc.; ER00– Coalition v. Entergy Services, Inc. Public Service Company, Desert 2999, 003, Southern Company Other#s ER01–2201, 000, Generator STAR, Inc., El Paso Corporation, Services, Inc.; ER00–3000, 003, Coalition v. Entergy Services, Inc. Public Service Company of Southern Company Services, Inc.; E–35. Colorado, Public Service Company ER00–3001, 003, Southern Omitted of New Mexico, Texas-New Mexico Company Services, Inc. E–36. Power Company and Tucson E–21. Omitted E–37. Electric Power Company; RT01–67, Omitted 004, GridFlorida LLC, Florida E–22. Docket# EL02–47, 000, Wisconsin Public Power, Inc. v. Wisconsin Power & Light Company, Florida Docket# EL01–93, 004, Mirant Power Corporation and Tampa Americas Energy Marketing, L.P., Power & Light Company Other#s EL02–52, 000, Municipal Electric Company; RT01–74, 006, Mirant New England, LLC, Mirant Wholesale Power Group v. Carolina Power & Light Company, Kendall, LLC and Mirant, LLC v. Wisconsin Power & Light Company Duke Energy Corporation, ISO New England Inc. E–38. GridSouth Transco, LLC and South Other#s ER00–2998, 004, Southern Docket# RT02–2, 001, State-Federal Carolina Electric & Gas Company; Company Services, Inc.; ER00– Regional RTO Panels RT01–75, 006, Entergy Services, 2999, 004, Southern Company Other#s RM98–1, 003, Regulations Inc.; RT01–77, 003, Southern Services, Inc.; ER00–3000, 004, Governing Off-the-Record Company Services, Inc.; EL01–80, Southern Company Services, Inc.; Communications; RM99–2, 003, 002, National Grid USA; RT01–82, ER00–3001, 004, Southern Regional Transmission 001, San Diego Gas & Electric Company Services, Inc. Organizations; EC99–80, 017, Company; RT01–83, 001, Pacific E–23. American Electric Power Service Gas & Electric Company; RT01–84, Docket# ER02–185, 002, New England Company; ER99–3144, 017, 002, Illinois Power Company; Power Pool Alliance Companies; RM00–10, RT01–85, 006, California E–24. 001, Open Access Same-Time Independent System Operator Omitted Information System Phase II; ER00– Corporation; RT01–86, 002, Bangor E–25. Omitted 3295, 004, International Hydro-Electric Company, Central E–26. Transmission Company; RT01–1, Maine Power Company, ISO New Omitted 001, NB Power Corporation, Nova England Inc., National Grid USA, E–27. Scotia Power Incorporated, Northeast Utilities Service Docket# ER02–79, 001, Southern Maritime Electric Company, Company, United Illuminating California Edison Company Limited, Maine Electric Company, Company and the Vermont Electric E–28. Maine Public Service Company and Power Company, Inc.; RT01–87, Docket# ER01–3009, 003, New York Eastern Maine Electric Cooperative, 004, Midwest Independent System Independent System Operator, Inc. Inc.; RT01–2, 003, PJM Operator, Inc.; RT01–88, 013, Other#s ER01–3009, 004, New York Interconnection, L.L.C., Allegheny Ameren Corporation, American Independent System Operator, Inc.; Electric Cooperative, Inc., Atlantic Electric Power Service Corporation, ER01–3153, 003, New York City Electric Company, Baltimore American Transmission Systems, Independent System Operator, Inc.; Gas & Electric Company, Delmarva Inc., Appalachian Power Company, ER01–3153, 004, New York Power & Light Company, Jersey Central Illinois Public Service Independent System Operator, Inc.; Central Power & Light Company, Company, Cleveland Electric EL00–90, 003, Morgan Stanley Metropolitan Edison Company, Illuminating Company, Columbus Capital Group, Inc. v. New York PECO Energy Company, Southern Power Company, Independent System Operator, Inc.; Pennsylvania Electric Company, Commonwealth Edison Company of EL00–90 004 Morgan Stanley Potomac Electric Power Company, Indiana, Inc., Commonwealth Capital Group, Inc. v. New York PPL Electric Utilities Corporation, Edison Company, Consumers Independent System Operator, Inc. Public Service Electric & Gas Energy Company, Dayton Power E–29. Company and UGI Utilities, Inc.; and Light Company, Detroit Edison Docket# EG02–78, 000, Duke Energy RT01–10, 002, Allegheny Power; Company, Exelon Corporation, Hot Spring, LLC RT01–13, 001, Duquesne Light FirstEnergy Corporation, Illinois E–30. Company; RT01–15, 003, Avista Power Company, Indiana Michigan Omitted Corporation, Montana Power Power Company, Kentucky Power E–31. Company, Nevada Power Company, Company, Kingsport Power Docket# ER02–645, 000, American Portland General Electric Company, Company, Ohio Edison Company, Transmission Company LLC Puget Sound Energy, Inc. and Sierra Ohio Power Company, E–32. Pacific Power Company; RT01–26, Pennsylvania Power Company, Docket# EL01–87, 000, South Eastern 002, Northern Indiana Public Toledo Edison Company, Union Energy Corporation and Morgan Service Company; RT01–34, 005, Electric Company, Virginia Electric Stanley Capital Group, Inc. v. City Southwest Power Pool, Inc.; RT01– & Power Company and Wheeling of Dalton, Georgia, Georgia 35, 004, Avista Corporation, Power Company; RT01–89, 001, Transmission Corporation, Georgia Bonneville Power Administration, Citizens Communications Power Company and the Municipal Idaho Power Company, Montana Company; RT01–90, 001, Concord Electric Authority of Georgia Power Company, Nevada Power Electric Company; RT01–92, 001, E–33. Company, PacifiCorp, Portland Southern California Edison Docket# EL01–90, 000, Consumers General Electric Company and Company; RT01–93, 001, California Union of United States, Inc. Sierra Power Company; RT01–37, Power Exchange Corporation;
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RT01–94, 002, NSTAR Services Power Service Corporation Other#s RP01–612, 000, ANR Pipeline Company; RT01–95, 002, New York E–40. Company Independent System Operator, Inc., Docket# ER01–2584, 000, Northeast G–13. Central Hudson Gas & Electric Utilities Service Company Other#s Docket# PR01–18, 001, Northwest Corporation, Consolidated Edison ER01–2584, 001, Northeast Utilities Natural Gas Company Company of New York, Inc., Service Company Other#s PR01–18, 000, Northwest Niagara Mohawk Power E–41. Natural Gas Company Corporation, Orange & Rockland Docket# EL02–35, 000, Niagara G–14. Utilities, Inc. and Rochester Gas Mohawk Power Corporation v. Docket# RP98–53, 024, Kinder and Electric Corporation; RT01–96, Rochester Gas and Electric Morgan Interstate Gas Transmission 001, Alliant Energy Corporate Corporation LLC Services, Inc., American E–42. Other#s RP98–53, 015, Kinder Morgan Transmission Company, LLC, Docket# TX97–8, 000, PECO Energy Interstate Gas Transmission LLC; Central Illinois Light Company, Company RP98–53, 021, Kinder Morgan Cincinnati Gas & Electric Company, Interstate Gas Transmission LLC; Miscellaneous Agenda Cinergy Corporation, Hoosier RP98–53, 023, Kinder Morgan Energy Rural Electric Cooperative, M–1. Interstate Gas Transmission LLC Inc., IES Utilties, Inc., Interstate Reserved G–15. Docket# RP00–340, 000, Gulf South Power Company, Kentucky Utilities Markets, Tariffs and Rates—Gas Company, Louisville Gas and Pipeline Company, LP Electric Company, Northern States G–1. Other#s RP00–340, 001, Gulf South Power Company (Minnesota), Docket# RP00–336 002 El Paso Pipeline Company, LP; RP00–340, Northern States Power Company Natural Gas Company 002, Gulf South Pipeline Company, (Wisconsin), PSI Energy, Inc., Other#s RP00–139, 000, ONEOK LP; RP01–7, 000, Gulf South Southern Indiana Gas and Electric Energy Marketing & Trading Pipeline Company, LP Company and Union Light, Heat & Company, L.P.; RP01–484, 000, G–16. Power Company; RT01–98, 003, Aera Energy LLC; RP01–486, 000, Docket# RP00–461, 000, Western Gas PJM Interconnection, L.L.C., Apache Nitrogen Products, Inc. Interstate Company G–2. Monongahela Power Company, Energy Projects—Hydro Potomac Edison Company and West Docket# RP02–158, 000, Viking Gas Penn Power Company; RT01–99, Transmission Company H–1. 003, Regional Transmission G–3. Omitted Organizations; RT01–100, 002, Docket# PR02–3, 000, Bay Gas Storage H–2. Regional Transmission Company, Ltd. Docket# P–2724, 028, City of Organizations; RT01–101, 002, G–4. Hamilton, Ohio International Transmission Docket# RP00–335, 000, Black Marlin H–3. Company and DTE Energy Pipeline Company Docket# P–2188, 073, PPL Montana, Company; EL01–116, 001, Montana- Other#s RP01–414, 000, Black Marlin LLC Dakota Utilities Company; ER01– Pipeline Company H–4. 123, 006, Illinois Power Company; G–5. Docket# P–2342, 013, PacifiCorp EC01–137, 001, DTE Energy Docket# RP00–341, 000, Egan Hub H–5. Company and International Partners, L.P. Docket# DI00–4, 001, Leonard Transmission Company; EC01–146, Other#s RP00–341 001, Egan Hub Murphy 002, International Transmission Partners, L.P.; RP01–48, 000, Egan H–6. Company and DTE Energy Hub Partners, L.P. Docket# EL02–10, 000, Hydro Company; ER01–2992, 001, G–6. Investors, Inc. v. Trafalgar Power Commonwealth Edison Company; Docket# RP00–401, 000, Enbridge Inc., Christine Falls of New York, ER01–2993, 001, Virginia Electric Pipelines (AlaTenn) Inc. Inc., Franklin Industrial Complex, and Power Company; ER01–2995, Other#s RP01–4, 001, Enbridge Inc., Aetna Life Insurance 001, American Electric Power Pipelines (AlaTenn) Inc. Company, Algonquin Power Company; ER01–2997, 001, Dayton G–7. Corporation, Algonquin Power Power and Light Company; ER01– Docket# RP00–400, 000, Enbridge Income Fund and Algonquin Power 2999, 001, Illinois Power Company; Pipelines (Midla) Inc. Fund (Canada) ER01–3000, 002, International Other#s RP01–5, 001, Enbridge Other#s P–3760, 011, Franklin Transmission Company and DTE Pipelines (Midla) Inc. Industrial Complex, Inc.; P–4639, Energy Company; RT02–1, 001, G–8. 021, Christine Falls of New York, Arizona Public Service Company, Omitted Inc.; P–4639, 023, Christine Falls of El Paso Electric Company, Public G–9. New York, Inc.; P–4639, 026, Service Company of New Mexico, Docket# CP95–168, 006, Sea Robin Christine Falls of New York, Inc.; Tucson Electric Power Company Pipeline Company P–4900, 063, Trafalgar Power, Inc.; and WestConnect RTO, LLC; ER02– G–10. P–4900, 066, Trafalgar Power, Inc.; 108, 001, Midwest Independent Omitted P–4900, 068, Trafalgar Power, Inc.; Transmission System Operator, Inc. G–11. P–5000, 059, Trafalgar Power, Inc.; E–39. Docket# RP02–122, 000, Kinder P–5000, 063, Trafalgar Power, Inc.; Docket# ER01–3141, 001, American Morgan Interstate Gas P–5000, 064, Trafalgar Power, Inc.; Electric Power Service Corporation: Transmission, LLC P–6878, 008, Trafalgar Power, Inc.; Other#s ER01–3141, 002, American G–12. P–6878, 010, Trafalgar Power, Inc.; Electric Power Service Corporation: Docket# RP01–612, 001, ANR P–9685, 024, Trafalgar Power, Inc.; ER01–3141, 003, American Electric Pipeline Company P–9685, 026, Trafalgar Power, Inc.;
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P–9709, 051, Trafalgar Power, Inc.; Transmission, Inc. This notice announces the coming P–9709, 054, Trafalgar Power, Inc.; C–6. availability of the new system. The P–9709, 057, Trafalgar Power, Inc.; Docket# CP00–232, 003, Iroquois Gas Commission will make FERRIS Transmission System, L.P. P–9821, 092, Trafalgar Power, Inc.; Other#s CP00–232, 000, Iroquois Gas available for testing and comment before P–9821, 095, Trafalgar Power, Inc.; Transmission System, L.P. placing the system into full production. P–9821, 097, Trafalgar Power, Inc.; C–7. We encourage the public and the EL99–26, 000, Hydro Investors, Inc. Docket# RM01–7, 000, Policy on Certificates Commission’s staff to try the new v. Trafalgar Power Inc., Christine of Public Convenience and Necessity for system and comment on it through the Falls of New York, Inc., Franklin Gas Transmission Facilities in the Off- Content Master e-mail link, shore Southern Louisiana Area Industrial Complex, Inc., Aetna Life [email protected]. Insurance Company, Algonquin Magalie R. Salas, The Commission is making every Power Corporation, Algonquin Secretary. effort to incorporate all functions Power Income Fund and Algonquin [FR Doc. 02–5852 Filed 3–8–02; 8:45 am] currently in the existing systems into Power Fund (Canada) BILLING CODE 6717–01–P H–7. FERRIS. Appendix A provides a cross Docket# P–2016, 044, City of Tacoma, reference between the existing functions Washington in CIPS, RIMS and the Docket Sheets H–8. DEPARTMENT OF ENERGY and the corresponding function in Docket# P–2145, 042, Public Utility District FERRIS. Appendix B discusses the few No. 1 of Chelan County, Washington Federal Energy Regulatory Commission features that will not be programmed Other#s P–943, 075, Public Utility District into FERRIS. The Commission will No. 1 of Chelan County, Washington [Docket No. AD02–1–000] H–9. make some modification to the file formats in which the documents will be Omitted Federal Energy Regulatory Records H–10. available. Details appear in Appendix B. Information System; Notice of Intent Docket# DI97–8, 002, Georgia-Pacific A test version of FERRIS will be made Corporation To Modify the Commission Issuance Other#s DI97–9, 002, Georgia-Pacific Posting System, Records Information available to the public through the Corporation; P–2618, 011, Georgia- Management System and Docket Sheet Commission’s Web site at www.ferc.gov Pacific Corporation; P–2660, 010, System in Mid March. The full production Georgia-Pacific Corporation version of FERRIS will be available in March 5, 2002. Energy Projects—Certificates early April. Please refer to the The Federal Energy Regulatory Commission’s website for the C–1. Commission (the Commission), hereby announcement of the exact dates the Docket# CP01–176, 000, Georgia Strait gives notice that it intends to modify its Crossing Pipeline LP system will be available. To familiarize Other#s CP00–179, 000, Georgia Strait Commission Issuance Posting System the public with the features of the new Crossing Pipeline LP; CP01–176, 001, (CIPS), Records Information system, demonstrations will be Georgia Strait Crossing Pipeline LP; Management System (RIMS) and its conducted in Room 3M–2A&B at the CP01–176, 002, Georgia Strait Crossing Docket Sheet System on the web. The Commission’s headquarters on March Pipeline LP; CP01–177, 000, Georgia Commission intends to combine these 12, 2002, at 2:00 pm and on March 18, Strait Crossing Pipeline LP; CP01–178, three online systems into a single online 000, Georgia Strait Crossing Pipeline LP 2002, at 2:00 pm. While it is not system called the Federal Energy mandatory, it is preferable to pre- C–2. Regulatory Records Information System Docket# CP02–79, 000, Desert Crossing Gas register for the demonstrations. Pre- (FERRIS). Storage and Transportation System LLC registration will facilitate passing C–3. In response to many suggestions regarding the Commission’s online through security. To pre-register, send Docket# CP02–74, 000, Reef International, an e-mail with your name, company L.L.C. systems, the Commission plans to C–4. replace its existing systems with newer, affiliation and the date of the Docket# CP01–76, 001, Cove Point LNG more robust technology. Ultimately, the demonstration you will attend to Limited Partnership new system will provide users with a [email protected] or fax to (202) Other#s CP01–77, 002, Cove Point LNG single point of access with better search 208–2320 or call the Public Reference Limited Partnership; CP01–156, 002, capability and additional functions. The Room at (202) 208–1371, then press 0. Cove Point LNG Limited Partnership; RP01–217, 002, Cove Point LNG Limited Commission intends the new system to Magalie R. Salas, Partnership result in increased performance and Secretary. C–5. reliability for the Commission’s staff Docket# CP01–87, 003, Dominion and public users. Appendix A
CROSSWALK OF FUNCTIONALITY
Function in CIPS Function in new system
Three separate search screens ...... One general search screen and one advanced search screen. Docket Number Search ...... Same. Date Range ...... Issued Date will be referred to as Document date. Other than that, no change. Radio buttons for 1 day, 1 week, 30 days, 120 days, year search ...... Replaced with text boxes for user supplied number of days, months or years. The default is 1 day, 1 month or 1 year. Text Search ...... Text Search is now powered by a much more robust search engine. Libraries of Hydro, Oil, Gas, Electric, Rulemaking and Miscellaneous .... No change except the miscellaneous library is called general.
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CROSSWALK OF FUNCTIONALITY—Continued
Function in CIPS Function in new system
Sort Returns by rank or date, specify maximum rows returned and rows From the search page you may specify the number of documents per per page returned. page. From the results page, you may sort or resort your results by rank or date. You may choose to display the summary or hide the summary. You may choose to display 10 hits or 200 hits. Company Name (This feature in CIPS searches the description from From the General Search, de-select the option ‘‘full text’’ so only the left to right depending on the number of words typed in the search description is selected. Type the name or portion of the name of the field, e.g., a search term of Tennessee will find Tennessee Gas Pipe- company you wish to find in the text search field. The entire descrip- line but will not find East Tennessee Natural Gas.). tion will be searched for the search term or terms. From the Advanced Search, type in the name of the company in the author/recipient affiliation field. Type/Prefix ...... Type the prefix in the docket number search field. A guide with the docket prefixes will be provided. Download Selected Items in a compressed file ...... The download option is available in the Action drop down list.
Function in RIMSWeb Function in new system
Docket Search ...... Docket Search on the General Search page permits full or partial docket number search; multiple subdockets may be entered. Accession Number Search ...... Unchanged on the Advanced Search page. Author/Recipient ...... Unchanged on the Advanced Search page. Class/Type ...... On the General Search page, permits up to four class and four type selections. FERC Cite #; Fed Court Cite, Opinion ...... Unchanged on the Advanced Search page. Related Doc ID ...... Unchanged on the Advanced Search page. Order ...... Unchanged on the Advanced Search page. Tariff/Rate ...... Eliminated; See discussion above. Daily Filings ...... On the general search page select submittal or issuance, and select the radio button for the previous day, then select the library. Libraries of Gas/Oil, Hydro, Electric, General ...... Libraries of Natural Gas, Oil, Hydro, Electric, Rulemaking, General. Document Information Page ...... Retained. Available File Formats Page ...... Retained.
Appendix B format. To make it easier to access the Form and goes away. A persistent ‘‘cookie,’’ 1 from FERRIS, Form 1 data will be however, continues in operation after the Features Not in FERRIS and File Format converted to a PDF file. close of the individual session. Shutting Changes in FERRIS Currently, each day the Commission down the browser will cause the ‘‘cookie’’ to As the Commission begins to phase in the compresses the files posted that day to CIPS be written into a special ‘‘cookie’’ file on the full system, we will be eliminating the ASCII for easy downloading. One compressed file user’s computer, so that the next time the text version of issuances. Instead, we will contains all files posted during the day. user visits the website that generated the provide the files in the file format of the Other compressed files contain all files ‘‘cookie,’’ the ‘‘cookie’’ will be sent to the software in which they are created and posted to each library that day. On some website’s server again. 1 portable document format (PDF) . Our occasions, the Commission posted issuances On June 22, 2000, the Office of decision is based on primarily two reasons. to CIPS the morning following the date of Management and Budget (OMB) issued a issuance due to the late hour of issuance. The First, as the Commission’s issuances have memorandum regarding privacy policies and become more complex, including tables of compressed files had already been created for data collection by agencies on the internet, contents, embedded spreadsheets, tables, the day necessitating posting some files the following morning. Henceforth, the clarifying the policy on use of ‘‘cookies’’ by photographs, etc., the conversion to ASCII 2 has become inaccurate. The PDF version of Commission will focus its time and energies government agencies. OMB’s June 22 the files, while still searchable, will preserve to adding issuances to FERRIS the day of Memorandum states that: formatting, fonts, etc. issuance to the greatest extent possible. To [t]he presumption should be that ‘‘cookies’’ The second reason for our determination further this goal, the Commission will no will not be used at Federal websites. Under relates to the Commission’s practice of longer create the compressed files. FERRIS this new Federal policy, ‘‘cookies’’ should scanning issuances and creating an image (in will allow users to download the day’s not be used at Federal websites, or by Tagged Image Format (TIF)). Since the issuances in a self-extracting compressed file contractors when operating websites on inception of its electronic filing program in that the user creates himself. See Appendix behalf of agencies, unless, in addition to clear the fall of 2001, the Commission has C for details on compressing and and conspicuous notice, the following converted all files submitted electronically downloading files in FERRIS. conditions are met: a compelling need to into PDF. This practice worked well. In On CIPS today, users can save certain gather the data on the site; appropriate and consequence, the Commission no longer search parameters for reuse during a later publicly disclosed privacy safeguards for believes it is necessary to convert the files session. CIPS uses a permanent ‘‘cookie’’ file handling of information derived from containing issuances into TIF files. Similarly, to provide this feature. ‘‘Cookies’’ are text ‘‘cookies’’; and personal approval by the head the Commission has historically scanned a files placed on the customer’s computer hard of the agency. paper version of the Form 1 into RIMS in drive by the website computer. When the tagged image format, TIF. The Commission customer is on our website, the agency can 2 OMB Memorandum 00–13, ‘‘Privacy Policies currently receives the Form 1 in electronic access the ‘‘cookie’’ file. There are two kinds and Data Collection on Federal Web Sites’’ (June 22 of ‘‘cookies.’’ A session ‘‘cookie’’ is one that Memorandum). The complete text of the June 22 1 PDF is a text format created by Adobe Systems continues in operation only for the duration Memorandum can be found at http:// Incorporated and designed to be portable across of the browser session—when the user shuts www.whitehouse.gov/omb/memoranda/m00– computer platforms. down the browser, the ‘‘cookie’’ is released 13.html.
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Subsequently, OMB interpreted its ENVIRONMENTAL PROTECTION concerning vehicle condition and memorandum to apply only to persistent AGENCY maintenance. Depending on owner/ ‘‘cookies,’’ and not to session ‘‘cookies.’’ 3 lessee response, additional groups of While the Commission will continue to use [FRL–7156–2] potential participants may be contacted session ‘‘cookies,’’ to bring the Commission’s Agency Collection Activities: Proposed until a sufficient number of vehicles has systems into full compliance with OMB’s Collection; Comment Request; been obtained. memorandum, the systems will not use Investigations into Possible Information collected is used to persistent ‘‘cookies.’’ As a consequence, the Noncompliance of Motor Vehicles assure that vehicles procured meet ability of the user to retain search parameters certain criteria. For example, since a in CIPS will not be replicated in FERRIS. AGENCY: Environmental Protection manufacturer’s responsibility to recall Currently, RIMS contains a search entitled Agency (EPA). passenger cars is limited to 10 years of Tariff/Rate which is intended to provide a ACTION: Notice. age or 100,000 miles of use, vehicles search of electric tariffs and rate schedules. tested to establish potential recall The Commission never fully implemented SUMMARY: In compliance with the liability must also meet those criteria. this feature in RIMS. Further, on April 20, Paperwork Reduction Act (44 U.S.C. Other testing programs and vehicle 2001, the Commission issued a Notice of 3501 et seq.), this document announces types have different criteria. All Inquiry in Docket No. RM01–5–000 4 inviting that EPA is planning to submit the information is publicly available. comments on selected issues related to the following continuing Information The previous description generally filing of electronic tariffs in order to develop Collection Request (ICR) to the Office of describes how EPA obtains information a notice of proposed rulemaking, and Management and Budget (OMB): on in-use passenger cars and light trucks thereafter a final rule, with respect to the Investigations into Possible from individual owners and lessees. filing of electronic tariffs. In light of the Noncompliance of Motor Vehicles; EPA Heavy duty trucks, those commonly Commission’s intention to pursue the filing ICR Number 222.06; OMB Number referred to as over ‘‘3⁄4 ton’’ capacity, are of electronic tariffs and the fact that the 2060–0086 expiring June 30, 2002. usually employed commercially; electric tariff portion of RIMS was not fully Before submitting the ICR to OMB for typically they are part of a ‘‘fleet’’ of formed, FERRIS will not contain the Tariff/ review and approval, EPA is soliciting identical (or very similar) vehicles. Rate feature. comments on specific aspects of the Consequently, EPA employs a slightly Appendix C proposed information collection as different method to obtain them. described below. Potential owners/lessees can be found Downloading Files to a Self-Extracting DATES: Comments must be submitted on in registrations lists; engine Compressed File or before May 10, 2002. manufacturers will also supply identities of their customers. To download all files posted on a specific ADDRESSES: Interested persons may Occasionally, a fleet operator will day, select the previous day by clicking on obtain copy of the ICR without charge contact EPA and volunteer to the appropriate radio button or type in a from: United States Environmental participate. Once potential sources are specific date. Select only issuances if you Protection Agency, Certification and identified, EPA will make a brief wish to limit your results to issuances. Be Compliance Division; ATTN: Richard telephone call to the fleet managers to sure to select 200 Results per Page. You may W. Nash, 2000 Traverwood Dr, Ann limit your results to a specific library or ascertain if they wish to participate. If Arbor MI 48105. libraries by clicking on the appropriate box the response is positive, EPA will visit or boxes. From the results page select ‘‘select FOR FURTHER INFORMATION CONTACT: the fleet to inspect vehicles and review all’’ from the Search Options drop down Richard W. Nash, 2000 Traverwood Dr, maintenance records. (Fleets typically menu. From the Action drop down menu Ann Arbor, MI 48105. (734) 214–4412; keep very good records on each vehicle; select download, then press Go. Using this [email protected] EPA can quickly determine if a technique, all files from any results list may SUPPLEMENTARY INFORMATION: particular unit is acceptable.) A single be downloaded in a self-extracting Affected entities: Entities potentially fleet can supply multiple vehicles and, compressed file including the day’s postings affected by this action are owners/ typically, is quite willing to participate. in any one of the libraries. In addition, the lessees of motor vehicles. Therefore, EPA makes far fewer system includes a feature called the Request Title: Investigations into Possible inquiries than with individual owners List. Select items from your results list, use Noncompliance of Motor Vehicles; EPA of light vehicles. Based on comments, the Action drop down menu to add the ICR Number 222.06; OMB Number EPA may decide to address light and selected files to your Request List. You may 2060–0086 expiring June 30, 2002. heavy duty vehicles separately. do as many searches as you wish, adding to Abstract: As part of an integrated EPA uses several techniques in your Request List as you go. When you are compliance program, EPA occasionally selecting the class or category of motor finished, you may download the files in your needs to evaluate the emission vehicles to be evaluated. First, if based Request List in a single self-extracting performance of in-use motor vehicles. In on other information (e.g., defect compressed file. order to perform this function, EPA reports, service bulletins) there is a [FR Doc. 02–5717 Filed 3–8–02; 8:45 am] must solicit certain information from suspicion that a problem exists; EPA BILLING CODE 6717–01–P the vehicle owner/lessee. Participation may target a particular group. Second, in the information survey, as well as the groups with a large number of vehicles vehicle evaluation, is strictly voluntary. have potential for significant air quality Typically, a group of 25 potential effects; they may be selected for that participants is identified. They are reason. New emission control 3 Letter from John T. Spotila, Administrator, asked to return a postcard indicating technology without a proven history is Office of Information and Regulatory Affairs, OMB, their willingness to participate and if so, another factor in making selections. to Roger Baker, Chief Information Officer, U.S. Department of Commerce (September 5, 2000). to verify some limited vehicle Finally, some vehicle classes are 4 Electronic Tariff Filings, 66 FR 15673 (March information. They are also asked when selected on a random basis. 20, 2001), 94 FERC ¶ 61,270 (March 14, 2001), III it would be suitable to contact them. An agency may not conduct or FERc Stats. & Regs. Notices ¶ 35,538 (March 14, Those willing to participate are called sponsor, and a person is not required to 2001). and asked about a half dozen questions respond to, a collection of information
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unless it displays a currently valid OMB ENVIRONMENTAL PROTECTION Abstract: On December 15, 1989 control number. The OMB control AGENCY pursuant to section 112 of the Clean Air numbers for EPA’s regulations are listed Act as amended in 1977 (42 U.S.C. in 40 CFR part 9 and 48 CFR chapter 15. [FRL–7156–4] 1857), EPA promulgated NESHAPs to The EPA would like to solicit comments control radionuclide emissions from to: Agency Information Collection several source categories. The (i) Evaluate whether the proposed Activities: Proposed Collection; regulations were published in 54 FR collection of information is necessary Comment Request; National Emission 51653, and are codified at 40 CFR part for the proper performance of the Standards for Hazardous Air Pollutants 61, subparts B, H, I, K, R, T, and W. Due functions of the agency, including (NESHAPs): Radionuclides to petitions for reconsideration, EPA whether the information will have rescinded subpart T (July 15, 1994, 59 AGENCY: practical utility; Environmental Protection FR 36280) as it applies to owners and (ii) Evaluate the accuracy of the Agency (EPA). operators of uranium mill tailings agency’s estimate of the burden of the ACTION: Notice. disposal sites licensed by the Nuclear proposed collection of information, Regulatory Commission (NRC) or an SUMMARY: including the validity of the In compliance with the affected Agreement State. methodology and assumptions used; Paperwork Reduction Act (44 U.S.C. Currently, EPA has prepared a final (iii) Enhance the quality, utility, and 3501 et seq.), this notice announces that rule amending subparts H and I; clarity of the information to be EPA is planning to submit the following National Emission Standards for collected; and continuing Information Collection Emissions of Radionuclides Other Than (iv) Minimize the burden of the Request (ICR) to the Office of Radon from Department of Energy collection of information on those who Management and Budget (OMB): Facilities and the National Emission are to respond, including through the National Emission Standards for Standards for Radionuclide Emissions use of appropriate automated electronic, Hazardous Air Pollutants (NESHAPs): from Federal Facilities Other Than mechanical, or other technological Radionuclides. The EPA ICR Number is Nuclear Regulatory Commission collection techniques or other forms of 1100.11, and the OMB control number Licensees and Not Covered by Subpart information technology, e.g., permitting is 2060–0191 which is expiring on June H. (We are awaiting the Administrator’s electronic submission of responses. 30, 2002. Before submitting the ICR to signature and expect this final rule Burden Statement: EPA estimates that OMB for review and approval, EPA is amendment to be published in the approximately 1800 will be contacted, soliciting comments on specific aspects Federal Register by the end of March on average they will spend of the proposed information collection 2002.) This amendment is a technical approximately 20 minutes each as described below. update to ensure that the best available responding for a total burden of DATES: Comments must be submitted on science is being used to monitor approximately 600 hours. The average or before May 10, 2002. radionuclide emissions from DOE and reflects those who decline to participate ADDRESSES: Office of Radiation and other federal facilities. Subparts H and (who will spend a short time reading the Indoor Air, Radiation Protection I require emission sampling, monitoring solicitation letter and discard it) as well Division, Center for Waste Management, and calculations to identify compliance as those who participate and will be Environmental Protection Agency, with the standard. As applicable, asked a few additional questions about 6608J, 1200 Pennsylvania Avenue, NW., subpart H and subpart I require vehicle condition and maintenance. Washington, DC 20460. Copies of the sampling and monitoring of This collection is entirely voluntary, ICR may be obtained from Eleanor radionuclide air emissions in there are no recordkeeping Thornton-Jones at the U.S. accordance with the guidance presented requirements. Burden means the total Environmental Protection Agency, in the American National Standard time, effort, or financial resources Center for Waste Management, Institute’s (ANSI) Guide to Sampling expended by persons to generate, Radiation Protection Division, Office of Airborne Radioactive Materials in maintain, retain, or disclose or provide Radiation and Indoor Air, 1200 Nuclear Facilities, ANSI N13.1–1969. In information to or for a Federal agency. Pennsylvania Avenue, NW., 1999, this ANSI standard was revised This includes the time needed to review Washington, DC 20460–0001; Mail code: and replaced by the new ANSI/HPS instructions; develop, acquire, install, 6608J or by e-mail: N13.1–1999 standard, entitled and utilize technology and systems for [email protected] or by phone ‘‘Sampling and Monitoring Releases of the purposes of collecting, validating, (202) 564–9773. Airborne Radioactive Substances from the Stacks and Ducts of Nuclear and verifying information, processing FOR FURTHER INFORMATION CONTACT: Facilities.’’ The standard for both and maintaining information, and Eleanor Thornton-Jones, telephone: disclosing and providing information; subparts H and I requires that emissions (202) 564–9773, fax: (202) 565–2065, of radionuclides to the ambient air shall adjust the existing ways to comply with e-mail: [email protected]. any previously applicable instructions not exceed those amounts that would and requirements; train personnel to be SUPPLEMENTARY INFORMATION: cause any member of the public to able to respond to a collection of Affected Entities: Entities affected by receive in any year an effective dose information; search data sources; this action are those which own or equivalent of 10 millirem/yr. Also, for complete and review the collection of operate Department of Energy (DOE) non-DOE federal facilities, emissions of information; and transmit or otherwise facilities, elemental phosphorus plants, iodine shall not exceed an effective dose disclose the information. Non-DOE federal facilities and equivalent of 3 millirem/yr to any phosphogypsum stacks, underground member of the public. Dated: March 4, 2002 uranium mines and uranium mill The new ANSI standard provides Robert Brenner, tailings piles. regulated facilities greater flexibility in Acting Assistant Administrator, Office of Air Title: National Emission Standards for designing sampling systems while and Radiation. Hazardous Air Pollutants: preserving protection of human health [FR Doc. 02–5740 Filed 3–8–02; 8:45 am] Radionuclides, OMB No. 2060–0191, and the environment. The DOE facilities BILLING CODE 6560–50–M expiring 6/30/02. and non-DOE federal facilities other
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than NRC licensees (such as Naval, a person is not required to respond to compliance. The DOE facilities and non- Department of Defense, and other a collection of information unless it DOE federal facilities other than NRC research and industrial facilities) will be displays a currently valid OMB control licensees will be required to adopt the required to adopt these updated number. The OMB control numbers for updated ANSI standard for sampling sampling methods for any newly EPA’s regulations are listed in 40 CFR methods for any newly constructed or constructed or modified source part 9, and 48 CFR Chapter 15. modified source requiring continuous requiring continuous sampling. Existing The EPA would like to solicit sampling. Existing stacks not stacks not undergoing modification will comments to: undergoing modification will not be (i) Evaluate whether the proposed not be required to upgrade to the new required to upgrade to the new sampling collection of information is necessary sampling standards; however, more standards; but will require more rigorous inspections will be required to for the proper performance of the functions of the agency, including rigorous inspections to ensure that all ensure that all sampling systems—both sampling systems; both new and new and existing—function as intended. whether the information will have existing will function as intended. EPA also has rescinded subpart I as it practical utility; Activities consist of reading and applies to NRC-licensed facilities, that (ii) Evaluate the accuracy of the became effective on December 30, 1996 agency’s estimate of the burden of the understanding the regulatory provisions (61 FR 68971). EPA’s decision to rescind proposed collection of information; and compliance procedures, preparing a subpart I was based on NRC’s (iii) Enhance the quality, utility, and test plan, performing testing, performing promulgation of the constraint rule, 10 clarity of the information to be data analysis, preparing a report, and CFR part 20 (61 FR 65120, December 10, collected; and storing and maintaining data. (iv) Minimize the burden of the 1996), requiring licensees to establish a collection of information on those who dose constraint for air emissions of Number of are to respond, including through the Respondent Facilities radionuclides of 10 mrem/year total use of appropriate automated collection effective dose equivalent to members of techniques or other forms of information Department of Energy ...... 40 the public. A 1992 survey conducted by technology, e.g., permitting electronic Elemental Phosphorous ...... 2 EPA and data collected during the submission of responses. Non-DOE not licensed by NRC 20 implementation of subpart I found no Burden Statement: Non-DOE Federal Phosphogypsum Stacks ...... 35 facility exceeding EPA’s 10 mrem/yr Facilities—Facilities may use written Underground Uranium Mines ... 7 effective dose equivalent standard. The procedures or the COMPLY computer Uranium Mill Tailings Piles existing subpart I of the radionuclide program for demonstrating compliance. (Subparts T and W) ...... 13 NESHAPs now only applies to non-DOE These procedures and the COMPLY Total ...... 122 federal facilities not licensed by NRC. program were designed to reduce the Information is being collected burden on smaller facilities for pursuant to Federal regulation 40 CFR determining compliance. The activities It is estimated that 122 facilities part 61. The pertinent sections of the of the various respondents consist of would be required to report emissions regulation for reporting and record reading and understanding the and/or effective dose equivalent keeping are listed below for each source regulatory provisions and compliance annually and retain supporting records category: procedures, identifying and listing input for five years. The total record keeping Department of Energy Facilities— data, performing computer runs, and reporting burden hours is 288 hours Sections 61.93, 61.94, 61.95 preparing a report, and storing and times 122 respondents = 35,136 hours. Elemental Phosphorous—Sections maintaining data. The estimated annualized capital/start 61.123, 61.124, 61.126 The estimated burden for each up costs are: $45,000 and the annual Non-DOE Federal Facilities—Sections respondent is 32 hours per response. operation and maintenance costs are 61.103, 61.104, 61.105, 61.107 This estimate is based on experience $1,581,120. Phosphogypsum Stacks—Sections gained in preparing radionuclide 61.203, 61.206, 61.207, 61.208, 61.209 NESHAPs enforcement and compliance Burden means the total time, effort, or Underground Uranium Mines—Sections guidance material and in demonstrating financial resources expended by persons 61.24, 61.25 the use of EPA’s COMPLY computer to generate, maintain, retain, or disclose Uranium Mill Tailings Piles—Sections program to the uninitiated. or provide information to or for a 61.223, 61.224, 61.253, 61.254, 40 CFR 61 Facilities—The estimates of Federal agency. This includes the time 61.255, this ICR renewal includes DOE needed to review instructions; develop, Data and information collected is facilities, elemental phosphorous plants, acquire, install, and utilize technology used by EPA to ensure that public non-DOE federal facilities other than and systems for the purposes of health continues to be protected from NRC licensees (such as Naval, collecting, validating, and verifying the hazards of airborne radionuclides by Department of Defense, and other information, processing and compliance with NESHAPs. If the research and industrial facilities), maintaining information, and disclosing information were not collected, it is phosphogypsum stacks, underground and providing information. unlikely that potential violations of the uranium mines and uranium mill standards would be identified and tailings piles. Owners and operators of Dated: March 5, 2002. corrective action would be initiated to each facility must monitor and track Bonnie Gitlin, bring the facilities back into emissions and calculate the highest Acting Director, Radiation Protection compliance. Compliance is effective dose equivalent. It is assumed Division, Office of Radiation and Indoor Air. demonstrated through emission testing that all facilities will perform emission [FR Doc. 02–5745 Filed 3–8–02; 8:45 am] and/or dose calculation. Results are testing so that EPA can ensure that the BILLING CODE 6560–50–P submitted to EPA annually for regulated facilities are in compliance verification of compliance and with the standard, can identify maintained for a period of 5 years. An violators, and prescribe corrective agency may not conduct or sponsor, and action to bring the facilities back into
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ENVIRONMENTAL PROTECTION Credits Provisions; in 40 CFR parts 86 was approved 07/20/2000, OMB No. AGENCY and 600; OMB No. 2060–0104; on 02/ 2060–0256; expires 07/31/2003. 13/2002 OMB extended the expiration EPA ICR No. 1284.06; Standards of [FRL–7155–5] date through 03/31/2002. Performance for New Stationary Sources, Polymeric Coating of Agency Information Collection Comment Filed Activities; OMB Responses Supporting Substrates Facilities, 40 CFR EPA ICR No. 1648.03, Control part 60, subpart VVV; was approved 01/ AGENCY: Environmental Protection Technology Determination for 04/2002; OMB No. 2060–0181; expires Agency (EPA). Equivalent Emission Limitations by 01/31/2005. ACTION: Notices. Permit; OMB No. 2060–0266; on 02/11/ EPA ICR No. 0370.18; Underground 2002 OMB filed comment. Injection Control Program; in 40 CFR SUMMARY: This document announces the Dated: February 28, 2002. parts 144 through 148; was approved Office of Management and Budget’s 01/09/2002; OMB No. 2040–0042; (OMB) responses to Agency clearance Oscar Morales, Director, Collection Strategies Division. expires 01/31/2005. request, in compliance with the EPA ICR No. 2058.01; Anthrax [FR Doc. 02–5741 Filed 3–8–02; 8:45 am] Paperwork Reduction Act (44 U.S.C. Decontamination Vendor Letter: Request 3501 et seq.). An agency may not BILLING CODE 6560–50–M for Test and supporting information to conduct or sponsor, and a person is not determine efficacy; was approved 01/ required to respond to, a collection of 15/2002; OMB No. 2050–0183; expires information unless it displays a ENVIRONMENTAL PROTECTION AGENCY 06/30/2002. currently valid OMB control number. EPA ICR No. 1741.03; Correction of The OMB control numbers for EPA’s [FRL–7155–6] Misreported Chemical Substances on regulations are listed in 40 CFR part 9 the Toxic Substances Control Act and 48 CFR chapter 15. Agency Information Collection (TSCA) Chemical Substances Inventory; FOR FURTHER INFORMATION CONTACT: Activities; OMB Responses in 40 CFR part 710; was approved 01/ Susan Auby at 260–4901, or email at 25/2002; OMB No. 2070–0145; expires AGENCY: Environmental Protection [email protected]. and please refer to 01/31/2005. the appropriate EPA Information Agency (EPA). Collection Request (ICR) Number. ACTION: Notices. Comments Filed EPA ICR No. 2029.01; National SUPPLEMENTARY INFORMATION: SUMMARY: This document announces the Emission Standards for Hazardous Air Office of Management and Budget’s OMB Responses to Agency Clearance Pollutants: Asphalt Processing and (OMB) responses to Agency clearance Requests Asphalt Roofing Manufacturing; in 40 requests, in compliance with the CFR part 63, subpart LLLLL; on 01/03/ OMB Approvals Paperwork Reduction Act (44 U.S.C. 2002 OMB filed comment. EPA ICR No. 1860.02; Assessment of 3501 et seq.). An agency may not Compliance Assistance Projects; was conduct or sponsor, and a person is not Dated: February 28, 2002. approved 02/13/2002; OMB No. 2020– required to respond to, a collection of Oscar Morales, 0015; expires 02/28/2005. information unless it displays a Director, Collection Strategies Division. EPA ICR No. 0559.07; Application for currently valid OMB control number. [FR Doc. 02–5744 Filed 3–8–02; 8:45 am] Reference and Equivalent Method The OMB control numbers for EPA’s BILLING CODE 6560–50–P Determination; was approved 02/15/ regulations are listed in 40 CFR part 9 2002; OMB No. 2080–0005; expires 02/ and 48 CFR chapter 15. 28/2005. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION EPA No. 1591.14; Regulation of Fuels Susan Auby at 260–4901, or e-mail at AGENCY and Fuel Additives: Reformulated [email protected], and please refer to [FRL–7152–8] Gasoline Terminal Receipt Date; was the appropriate EPA Information approved 02/22/2002; OMB No. 2060– Collection Request (ICR) Number. Public Water System Supervision 0277; expires 04/30/2004. SUPPLEMENTARY INFORMATION: Program Revision for the State of EPA No. 2015.01, Certification in Lieu Arkansas of Chloroform Minimum Monitoring OMB Responses to Agency Clearance Requiring for Direct and Indirect Requests AGENCY: Environmental Protection Agency (EPA). Discharging Mills in the Bleached OMB Approvals Papergrade Kraft and Soda Subcategory ACTION: Notice of tentative approval. of the Public, Paper; was approved 02/ EPA ICR No. 1947.02; National 15/2002; OMB No. 2020–0242; expires Emission Standards for Hazardous Air SUMMARY: Notice is hereby given that 02/28/2005. Pollutants: Solvent Extraction for the State of Arkansas is revising its EPA No. 1878.01; Minimum Vegetable Oil Production; in 40 CFR approved Public Water System Monitoring Requirements for Direct and part 63, subpart GGGG; was approved Supervision Program. Arkansas has Indirect Discharging Mills in the 01/03/2002; OMB No. 2060–0471; adopted an Interim Enhanced Surface Bleached Papergrade Kraft and Soda expires 01/31/2005. Water Treatment Rule to improve Subcategory and the Papergrade Sulfite EPA ICR No. 0107.07; Source control of microbial pathogens in Subcategory of the Pulp, Paper, was Compliance and State Action Reporting; drinking water, including specifically approved 02/25/2002; OMB No. 2020– in 40 CFR part 51, subpart Q; was the protozoan Cryptosporidium, and a 0243; expires 02/28/2005. approved 01/04/2002; OMB No. 2060– Stage 1 Disinfectant/Disinfection 0096; expires 01/31/2005. Byproducts Rule, setting new Short Term Extensions EPA ICR No. 1626–07; National requirements to limit the formation of EPA ICR No. 0783.40; Motor Vehicle Recycling and Emissions Reduction chemical disinfectant byproducts in Emission Standards and Emission Program; in 40 CFR part 82, subpart F; drinking water. EPA has determined
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that these revisions are no less stringent FEDERAL COMMUNICATIONS four recommendations for STS cost than the corresponding federal COMMISSION recovery: (1) The Commission directs regulations. Therefore, EPA intends to the TRS administrator to use the same approve these program revisions. Public Information Collections average per minute costing methodology Approved by Office of Management cost recovery mechanism for traditional All interested parties may request a and Budget TRS for STS; (2) the Commission adopts public hearing. A request for a public a separate per-minute national average hearing must be submitted by April 10, March 4, 2002. compensation formula for STS and 2002, to the Regional Administrator at The Federal Communications directs the TRS administrator to develop the EPA Region 6 address shown below. Commission (FCC) has received Office annually a national average STS Frivolous or insubstantial requests for a of Management and Budget (OMB) reimbursement rate for compensating hearing may be denied by the Regional approval for the following public STS providers; (3) because STS service Administrator. However, if a substantial information collections pursuant to the is of a more recent origin, the request for a public hearing is made by Paperwork Reduction Act of 1995, Pub. Commission adopts the Advisory April 10, 2002, a public hearing will be L. 104–13. An agency may not conduct Council and the Fund Administrator’s held. If no timely and appropriate or sponsor and a person is not required recommendation that the TRS Center request for a hearing is received and the to respond to a collection of information Data Request be expanded to capture Regional Administrator does not elect to unless it displays a currently valid separately STS costs and minutes; and hold a hearing on his own motion, this control number. For further information (4) as with traditional TRS, each determination shall become final and contact Shoko B. Hair, Federal provider of STS services will be Communications Commission, (202) effective on April 10, 2002. Any request compensated at the national average rate 418–1379. for a public hearing shall include the for every completed conversation following information: The name, Federal Communications Commission minute. In the MO&O, the Commission also states that due to the unique address, and telephone number of the OMB Control No.: 3060–0463. characteristics of VRS, a separate individual, organization, or other entity Expiration Date: 07/31/2002. reimbursement rate for VRS should be requesting a hearing; a brief statement of Title: Telecommunications Services calculated. The Commission also agrees the requesting person’s interest in the for Individuals with Hearing and with the Advisory Council and the Fund Regional Administrator’s determination Speech Disabilities and the Americans Administrator’s recommendation that and a brief statement of the information with Disabilities Act of 1990, 47 CFR the TRS Center Data Request should be that the requesting person intends to part 64 (Sections 64.601–64.605). expanded to include specific sections to submit at such hearing; and the Form No.: N/A. capture separately VRS costs and signature of the individual making the Respondents: Business or other for- profit. minutes for this service. Thus, the request, or, if the request is made on Commission requires NECA to expand behalf of an organization or other entity, Estimated Annual Burden: 5052 respondents; 5.31 hour per response the TRS Data Request to include data the signature of a responsible official of that are specific to VRS. By promoting the organization or other entity. (avg.); 26,831 total annual burden hours (for all collections under this control the efficient and effective means of cost ADDRESSES: All documents relating to number). recovery for TRS services, these this determination are available for Estimated Annual Reporting and collection requirements should help to inspection between the hours of 8 a.m. Recordkeeping Cost Burden: $0. advance a procompetitive, deregulatory and 4:30 p.m., Monday through Friday, Frequency of Response: On occasion; national policy framework for at the following offices: Arkansas Every five years; Recordkeeping; Third telecommunications services, a key goal Department of Health, Division of Party Disclosure. of the Telecommunications Act of 1996. Other information collections Engineering—Slot #37, 4815 West Description: In the Memorandum unaffected by the MO&O remain in Markham, Little Rock, Arkansas 72205 Opinion and Order and Further Notice place as currently approved by OMB. and United States Environmental of Proposed Rulemaking issued in CC Docket No. 98–67, released December Obligation to respond: Mandatory. Protection Agency, Region 6, Drinking OMB Control No.: 3060–0519. Water Section (6WQ–SD), 1445 Ross 21, 2001 (MO&O), the Commission adopts three of the four Expiration Date: 02/28/2005. Avenue, Suite 1200, Dallas, Texas Title: Rules and Regulations recommendations for traditional TRS: 75202. Implementing the Telephone Consumer (1) The Commission directs the TRS Protection Act of 1991 (CC Docket No. administrator to use the average per FOR FURTHER INFORMATION CONTACT: Jose´ 92–06). G. Rodriguez, EPA Region 6, Drinking minute costing methodology to develop Form No.: N/A. Water Section at the Dallas address the interstate cost recovery mechanism Respondents: Business or other for- given above or at telephone (214) 665– for traditional TRS; (2) the Commission profit. 8087. also directs the TRS administrator to Estimated Annual Burden: 30,000 review the TRS Center Data Request, respondents; 31.2 hours per response Authority: (Section 1413 of the Safe and report to the Chief of the Common (avg.); 936,000 total annual burden Drinking Water Act, as amended (1996), and Carrier Bureau, on an ongoing basis, any 40 CFR part 142 of the National Primary hours. changes necessary to ensure that TRS Estimated Annual Reporting and Drinking Water Regulations). providers are compensated for Recordkeeping Cost Burden: $0. Dated: February 22, 2002. additional costs imposed by the Frequency of Response: On occasion; Lawrence Starfield, Improved TRS Order; and (3) the Recordkeeping.. Acting Regional Administrator, Region 6. Commission directs that the same Description: In CC Docket No. 92–60, minutes of use allocation methodology the Commission implemented rules [FR Doc. 02–5182 Filed 3–8–02; 8:45 am] in place for toll-free call minutes should pursuant to the requirements of the BILLING CODE 6560–50–P be used for 900 call minutes. In the Telephone Consumer Protection Act of MO&O, the Commission also adopts the 1991, Public Law 102–243, December
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20, 1991 (TCPA) which added Section requirement was a response to a (PSPs) were compensated for certain 227 to the Communications Act of 1934, widespread failure of aggregators to noncoin calls originated from their as amended, to restrict the use of disclose information necessary for payphones. In a Memorandum Opinion automatic telephone dialing systems, informed consumer choice in the and Order issued in CC Docket No. 96– artificial or prerecorded messages, marketplace. See 47 CFR Section 128 (Order), the Commission clarified facsimile machines or other devices to 64.703(b). In the Second Order on requirements established in the send unsolicited advertisements. The Reconsideration in CC Docket No. 92– Payphone Orders for the provision of rules require that telephone solicitors 77, the Commission amended section payphone-specific coding digits. The maintain and use company-specific lists 64.703(b)(4) to require that the new following collections of information of residential subscribers who request bureau’s (Consumer Information implement section 276 of the Act. The not to receive further telephone calls Bureau) name and address be posted on collection requirements are as follows: (company-specific do-not-call lists), payphones in future postings. The a. LEC Tariff to provide FLEX ANI to thereby affording consumers the choice Consumer Information Bureau, is now IXCs: Local exchange carriers (LECs) of which solicitors if any, they will hear the appropriate recipient of consumer must implement FLEX ANI to comply from by telephone. Telephone solicitors complaints about OSPs. Section with the requirements set forth in the also are required to have a written 64.703(c) establishes a 30-day outer Payphone Orders. LECs must provide to policy for maintaining do-not-call lists, limit for aggregators to update the IXCs through their interstate tariffs, and are responsible for informing and posted information. An aggregator may FLEX ANI service so that IXCs can training their personnel the existence meet the 30-day outer limit rule, where identify which calls come from a and use of such lists. See 47 CFR its maintenance technicians would not payphone. LECs (and PSPs) must Section 64.1200(e)(i). The rules require otherwise visit the particular payphone provide FLEX ANI to IXCs without that those making telephone location within 30 days, by having its charge for the limited purpose of per- solicitations identify themselves to coin collection or other agent affix a call compensation, and accordingly, called parties, and that basic identifying temporary sticker to the payphone. Such LECs providing FLEX ANI must revise information also be included in temporary sticker must be replaced with their interstate tariffs to reflect FLEX telephone facsimile transmissions. See permanent signage during the next ANI as a nonchargeable option to IXCs 47 CFR Sections 64.1200(e)(iv) and regularly scheduled maintenance visit. no later than March 30, 1998, to be 68.318(c)(3). The Commission believes Section 64.703(c) is intended to provide effective no later than April 15, 1998, in that these rules are the best means of updated OSP information to consumers those areas that it is available. (No. of preventing unwanted telephone and enable consumers to make informed respondents: 400; hours per response: solicitations. Obligation to respond: choices when placing operator service 35 hours; total annual burden: 14,000 Mandatory. calls. See 47 CFR Section 64.703(c). hours.) OMB Control No.: 3060–0653. Aggregators will disclose the required b. LEC Tariff to recover costs: LECs Expiration Date: 02/28/2005. information to consumers via printed must file a tariff to establish a rate Title: Sections 64.703(b) and (c)— notice that is posted on or near each of element in their interstate tariffs to Consumer Information—Posting by the aggregator’s phones. Pursuant to recover their costs from PSPs for Aggregators. Section 64.703(c), this information must providing payphone-specific coding Form No.: N/A. . be updated within 30 days in changes digits to IXCs. This tariff must reflect Respondents: Business or other for- of OSPs. Consumers will use this the costs of implementing FLEX ANI to provide payphone-specific coding digits profit. information to determine whether they Estimated Annual Burden: 56,200 for payphone compensation, and wish to use the services of the identified respondents; 3.67 hour per response provide for recovery of such costs over OSP. Obligation to respond: Mandatory. (avg.); 206,566 total annual burden OMB Control No.: 3060–0823. a reasonable time period through a hours. Expiration Date: 2/28/2005. monthly recurring flat-rate charge. LECs Estimated Annual Reporting and Title: Pay Telephone Reclassification must provide cost support information Recordkeeping Cost Burden: $0. Memorandum Opinion and Order, CC for the rate elements they propose. The Frequency of Response: On occasion; Docket No. 96–128. Bureau will review these LEC rate Third Party Disclosure. Form No.: N/A. element tariff filings, the reasonableness Description: Section 226(c)(1)(A) of Respondents: Business or other for- of the costs, and the recovery period. the Communications Act and Section profit. LECs will recover their costs over an 64.703(b) of the Commission’s rules Estimated Annual Burden: 400 amortization period of no more than ten require that each aggregator post on or respondents; 111.75 hour per response years. The rate element charges will near the telephone instrument in plain (avg.); 44,700 total annual burden hours. discontinue when the LEC has view of consumers: (1) The name, Estimated Annual Reporting and recovered its cost. (No. of respondents: address, and toll-free telephone number Recordkeeping Cost Burden: $480,000. 400; hours per response: 35 hours; total of the provider of operator services; (2) Frequency of Response: On occasion; annual burden 14,000 hours.) written disclosure that the rates for all Recordkeeping; Third Party Disclosure. c. LECs must provide IXCs operator-assisted calls are available on Description: In the Payphone Orders, information on payphones that provide request, and that consumers have a right the Commission adopted rules and payphone-specific coding digits for to obtain access to the interstate policies governing the payphone smart and dumb payphones: LECs must common carrier of their choice and may industry to implement section 276 of provide IXCs information on the contact their preferred interstate the Telecommunications Act of 1996. number and location of smart and dumb common carriers for information on Those rules and policies in part payphones providing payphone-specific accessing that carrier’s service using establish a plan to ensure fair coding digits, as well as the number of that telephone; and (3) the name and compensation for ‘‘each and every those that are not. (No. of respondents: address of the Consumer Information completed intrastate and interstate call 400; hours per response: 24 hours; total Bureau of the Commission, to which the using [a] payphone.’’ Specifically, the annual burden: 9600 hours.) consumer may direct complaints Commission established a plan to d. LECs must provide IXCs and PSPs regarding operator services. This ensure that payphone service providers information on where FLEX ANI is
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available now and when it is to be FEDERAL COMMUNICATIONS Respondents: Business or other for- scheduled in the future: Within 30 days COMMISSION profit entities; Not-for-profit of the release of the MO&O, LECs institutions; and State, local, or tribal should be prepared to provide IXCs, Notice of Public Information governments. upon request, information regarding Collection(s) being Submitted to OMB Number of Respondents: 700. their plans to implement FLEX ANI by for Review and Approval Estimated Time Per Response: 4 hrs. end office. LECs must provide IXCs and Frequency of Response: March 4, 2002. Recordkeeping; On occasion reporting PSPs information on payphones that SUMMARY: The Federal Communications provide payphone-specific coding digits requirement. Commissions, as part of its continuing Total Annual Burden: 2,800 hrs. on end offices where FLEX ANI is effort to reduce paperwork burden available, and where it is not, on a Total Annual Costs: None. invites the general public and other Needs and Uses: Applicants must file monthly basis. Pursuant to the waivers Federal agencies to take this FCC Form 442 under 47 CFR Sections in this order, LECs must also inform opportunity to comment on the 5.55(a), (b), and (c) of FCC Rules to IXCs and PSPs proposed dates for its following information collection, as obtain a license to operate a new or availability. (No. of respondents: 400; required by the Paperwork Reduction modified experimental radio station. hours per response: 16 hours; total Act of 1995, Public Law 104–13. An The Commission uses the data obtained annual burden: 6400 hours.) agency may not conduct or sponsor a from Form 442 to if the applicant is e. For a waiver granted to small or collection of information unless it eligible for an experimental license; the midsize LECs, a cost analysis must be displays a currently valid control purpose of the experiment; compliance number. No person shall be subject to provided, upon request: In the MO&O, with the requirements of 5 CFR part 5 any penalty for failing to comply with the Bureau grants a waiver to midsize of FCC Rules; and if the proposed a collection of information subject to the and small LECs that will be unable to operation will cause interference to Paperwork Reduction Act (PRA) that existing operations. recover the costs of implementing FLEX does not display a valid control number. ANI in a reasonable time period. LECs Comments are requested concerning (a) OMB Control Number: 3060–0149. Title: Application and Supplemental must make this evaluation within 30 whether the proposed collection of Information Requirements—Part 63, days of the release of the MO&O. The information is necessary for the proper Section 214, Sections 63.01–63.601. LEC must then notify IXCs that they will performance of the functions of the Form Number: N/A. not be implementing FLEX ANI Commission, including whether the Type of Review: Revision of a pursuant to this waiver, and provide the information shall have practical utility; currently approved collection. number of dumb payphones providing (b) the accuracy of the Commission’s Respondents: Business or other for- the ‘‘27’’ coding digit and the number of burden estimate; (c) ways to enhance profit entities. smart phones for which payphone- the quality, utility, and clarity of the Number of Respondents: 255. specific coding digits are unavailable. A information collected; and (d) ways to Estimated Time Per Response: 10 hrs. LEC delaying the implementation of minimize the burden of the collection of (avg.). information on the respondents, FLEX ANI pursuant to this waiver Frequency of Response: including the use of automated provision must be prepared to provide Recordkeeping; On occasion reporting collection techniques or other forms of its analysis, if requested by the requirements; Third party disclosure. information technology. Commission. (No. of respondents: 20; Total Annual Burden: 2,550 hrs. hours per response: 35 hours; total DATES: Written comments should be Total Annual Costs: None. annual burden: 700 hours.) The submitted on or before April 10, 2002. Needs and Uses: Section 214 of the information disclosure rules and If you anticipate that you will be Communications Act of 1934, as policies governing the payphone submitting comments, but find it amended, requires that the FCC review industry to implement section 276 of difficult to do so within the period of the establishment, lease, operations, and the Act will ensure the payment of per- time allowed by this notice, you should extension of channels of call compensation by implementing a advise the contact listed below as soon communications by interstate common method for LECs to provide information as possible. carriers. 47 CFR part 63 implements to IXCs to identify calls, for each and ADDRESSES: Direct all comments to Les section 214. part 63 also implements every call made from a payphone. Smith, Federal Communications provisions of the Cable Communications Obligation to respond: Required to Commission, Room 1–A804, 445 12th Policy Act of 1984 pertaining to video obtain or retain benefits. Street, SW., Washington, DC 20554 or programming by telephone common via the Internet to [email protected]. carriers. The Commission uses the Public reporting burden for the FOR FURTHER INFORMATION CONTACT: For information it receives in applications collections of information are as noted additional information or copies of the from dominant carriers to determine if above. Send comments regarding the information collections contact Les the facilities are needed. The burden estimates or any other aspect of Smith at (202) 418–0217 or via the information received from non- the collections of information, including Internet at [email protected]. dominant carriers is used to monitor the suggestions for reducing the burden to SUPPLEMENTARY INFORMATION: growth of the networks and the Performance Evaluation and Records OMB Control Number: 3060–0065. availability of common carrier services. Management, Washington, DC 20554. Title: Application for New or OMB Control Number: 3060–0484. Federal Communications Commission. Modified Radio Station Authorization Title: Amendment of part 63 of the William Caton, Under Part 5 of FCC Rules, Commission’s Rules to Provide for Acting Secretary. Experimental Radio Service (Other than Notification of Common Carriers of Broadband). Service Disruptions, section 63.100. [FR Doc. 02–5677 Filed 3–8–02; 8:45 am] Form Number: FCC 442. Form Number: N/A. BILLING CODE 6712–01–P Type of Review: Extension of a Type of Review: Extension of a currently approved collection. currently approved collection.
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Respondents: Businesses or other for- governing the schools and libraries baseline record regarding the current profit entities. universal service support mechanism. In state of equal access and Number of Respondents: 52. addition, service providers/vendors use nondiscrimination requirements. As Estimated Time Per Response: 5 hrs. FCC Form 474, Service Provider Invoice such, it seeks comment on the existing Frequency of Response: On occasion Form, to seek reimbursement for the equal access and nondiscrimination reporting requirements. cost of discounts that they give to obligations of Bell Operating Companies Total Annual Burden: 1,040 hrs. eligible entities for eligible services. (BOCs), both with and without section Total Annual Costs: None. OMB Control Number: 3060–0995. 271 authority. The Commission also Needs and Uses: 47 CFR 63.100 of the Title: Amendment of Part 1 of the seeks comment on the equal access and FCC Rules requires local exchange or Commission’s Rules—Competitive nondiscrimination obligations of interexchange common carriers that Bidding Procedures, 47 CFR Section incumbent independent local exchange operate transmission or switching 1.2105(c)(1) of the Commission’s Rules carriers (LECs) and competitive LECs. facilities and provide access service or (Anti-Collusion). Then, the Commission asks commenters interstate or international Form Number: N/A. what the equal access and communications services that Type of Review: Extension of a nondiscrimination requirements of all experience outages on any facilities that currently approved collection. these carriers should be, considering the they own or operate to notify the FCC Respondents: Business or other for- many legal and marketplace changes if the service outage continues for 30 or profit entities; Individuals or that have transpired since the earlier more minutes. Carriers must file an households; Not-for-profit institutions; requirements were adopted. initial and final service outage report. and State, local, or tribal governments. DATES: Comments are due May 10, 2002, The FCC uses these reports to monitor Number of Respondents: 10. and reply comments are due June 10, developments affecting Estimated Time Per Response: 5 2002. telecommunications reliability; to serve hours. FOR FURTHER INFORMATION CONTACT: Julie as a source of public information; to Frequency of Response: On occasion Veach, Attorney-Advisor, Policy and encourage and, where appropriate, to reporting requirements. Program Planning Division, Common assist in dissemination of information to Total Annual Burden: 50 hours. Carrier Bureau, at (202) 418–1558, or via those affected; and to take immediate Total Annual Costs: None. the Internet at [email protected]. steps, as needed, and after analyzing the Needs and Uses: The information SUPPLEMENTARY INFORMATION: This is a information, to determine what, if any, requirement will enable the FCC to summary of the Commission’s Notice of additional action is required. ensure that no bidder gains an unfair Inquiry (NOI) in CC Docket No. 02–39, advantage over other bidders in its OMB Control Number: 3060–0856 FCC 02–57, adopted February 19, 2002, spectrum auctions, and thus enhance Title: Universal Service—Schools and and released February 28, 2002. The the competitiveness and fairness of its Libraries Universal Service Program complete text of this NOI is available for auctions. The Commission will review Reimbursement Forms. inspection and copying during normal the information collected will review Form Number: FCC 472, 473, and 474. business hours in the FCC Reference and, if warranted, refer it to the Type of Review: Extension of a Information Center, Portals II, 445 12th Commission’s Enforcement Bureau for currently approved collection. Street, SW., Room CY–A257, possible investigation and Respondents: Businesses or other for- Washington, DC, 20554. This document administrative action. The Commission profit entities; and Not-for-profit may also be purchased from the may also refer allegations of institutions. Commission’s duplicating contractor, anticompetitive auction conduct to the Number of Respondents: 61,800. Qualex International, Portals II, 445 Department of Justice for investigation. Estimated Time Per Response: 1.0 to 12th Street, SW., Room CY–B402, 1.5 hrs. Federal Communication Commission. Washington, DC 20554, telephone 202– Frequency of Response: On occasion William F. Caton, 863–2893, facsimile 202–863–2898, or reporting requirements; Third party Acting Secretary. via e-mail [email protected]. It is also disclosure. [FR Doc. 02–5784 Filed 3–8–02; 8:45 am] available on the Commission’s Web site Total Annual Burden: 88,050 hrs. BILLING CODE 6712–01–P at http://www.fcc.gov. Total Annual Costs: None. Needs and Uses: The Synopsis of the Notice of Inquiry (NOI) Telecommunications Act of 1996 FEDERAL COMMUNICATIONS 1. The Commission’s goals in contemplates that discounts on eligible COMMISSION conducting this inquiry are: (1) To services shall be provided to schools facilitate an environment that will be and libraries, and that service providers [CC Docket No. 02–39; FCC 02–57] conducive to competition, deregulation shall seek reimbursement for the Review of the Equal Access and and innovation; (2) to establish a amount of the discounts. Service Nondiscrimination Obligations modern equal access and providers/vendors that participate in the Applicable to Local Exchange Carriers nondiscrimination regulatory regime universal service support are assigned a that will benefit consumers; (3) to service provider identification number AGENCY: Federal Communications balance regulatory costs against these (SPIN). The fund administrator uses Commission benefits, and (4) to harmonize the FCC Form 472, Billed Entity Applicant ACTION: Notice. requirements of similarly-situated Reimbursement Form, to pay universal carriers as much as possible. service support to service providers who SUMMARY: This document initiates an 2. Background. By adopting the give discounted services to eligible inquiry to examine the continued Telecommunications Act of 1996 (1996 schools, libraries, and consortia of those importance of the equal access and Act), Congress sought to lay the entities. Service provider/vendors use nondiscrimination obligations of section foundation for pro-competitive, FCC Form 473, Service Provider Annual 251(g) of the Communications Act of deregulatory telecommunications Certification Form, to confirm that they 1934, as amended (the Act). This policies that facilitate investment in and are in compliance with the FCC’s rules document also seeks to develop a deployment of advanced services to all
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Americans. Mindful that competition equal access and nondiscrimination and nondiscrimination obligations of would not develop in all markets requirements in light of current competitive LECs be? Can the immediately, Congress left in place marketplace conditions, including the Commission harmonize the obligations certain safeguards, such as section state of competition in the local market of competitive LECs with the obligations 251(g). That statutory provision and BOC entry into the long distance of other LECs that provide interLATA preserves the equal access and market. services on an integrated basis? 5. Bell Operating Companies. The nondiscrimination requirements that Federal Communications Commission. were established for LECs ‘‘under any Commission seeks comment on the William F. Caton, court order, consent decree, or existing equal access and regulation, order, or policy of the nondiscrimination requirements of Acting Secretary. Commission’’ prior to passage of the BOCs, which include the line of cases [FR Doc. 02–5673 Filed 3–8–02; 8:45 am] 1996 Act. Notably, section 251(g) stemming from the MFJ. It also seeks BILLING CODE 6712–01–P imports the obligations of the comment on what the BOCs’ equal Modification of Final Judgment (MFJ), access and nondiscrimination obligation the consent decree that settled the should be, whether changes in equal FEDERAL COMMUNICATIONS Department of Justice’s antitrust suit access and nondiscrimination COMMISSION requirements are now needed for BOCs against AT&T and required divestiture Technological Advisory Council of the BOCs, as well as Commission and what changes are appropriate. Meeting Postponed equal access requirements. Section Should BOCs be required to provide 251(g) grants the Commission authority information regarding all available AGENCY: Federal Communications to prescribe regulations superseding interexchange carriers? What kind of Commission. pre-existing equal access and marketing arrangements between BOCs ACTION: Notice of cancellation of public nondiscrimination obligations. and other carriers are permissible? What meeting. 3. First, the Commission seeks is the relationship between sections comment on how it should go about 251(g) and 272? SUMMARY: In accordance with the changing or eliminating any existing 6. Incumbent Independent Local Federal Advisory Committee Act, 5 equal access and nondiscrimination Exchange Carriers. Section 251(g) also U.S.C. App. 2, Public Law 92–463, as requirements, should it decide to do so. imports equal access and amended, this notice advises interested Specifically, section 251(g) states that nondiscrimination requirements that persons that the meeting of the all pre-1996 Act requirements continue existed for incumbent independent Technological Advisory Council to apply ‘‘until such restrictions and LECs prior to the 1996 Act. The scheduled for March 20, 2002 has been obligations are explicitly superseded by Commission seeks comment on what, if cancelled and will be rescheduled at a regulations prescribed by the any, ‘‘order, consent decree, or later date. Commission.’’ Congress expected that regulation, order, or policy of the FOR FURTHER INFORMATION CONTACT: ‘‘[w]hen the Commission promulgates Commission’’ applies to incumbent Jeffery Goldthorp, [email protected], or its new regulations, * * * the independent LECs. It also asks what the 202–418–1096. Commission will explicitly identify regulatory costs to these carriers are those parts of the interim restrictions under the current equal access and Federal Communications Commission. and obligations that it is superseding so nondiscrimination requirements and William F. Caton, that there is no confusion as to what whether those requirements should Acting Secretary. restrictions and obligations remain in continue to apply to incumbent [FR Doc. 02–5674 Filed 3–8–02; 8:45 am] effect.’’ The Commission asks whether it independent LECs in view of the new BILLING CODE 6712–01–P should adopt new rules to replace the competitive paradigm contemplated by existing section 251(g) requirements, or the 1996 Act. The Commission also asks is it enough for the Commission to state for comment on the extent to which it FEDERAL COMMUNICATIONS in an order that such requirements are can harmonize the obligations of COMMISSION no longer necessary in the wake of the incumbent independent LECs that [Report No. 2534] 1996 Act? Alternatively, it asks whether provide interLATA services through a the Commission should forbear from separate affiliate with the obligations of Petition for Clarification and Waiver of such requirements to the extent they other LECs that provide interLATA Action in Rulemaking Proceeding meet the standards of 47 U.S.C. 160? services through a separate affiliate, and 4. Changing Market Conditions. The the extent to which it can harmonize the March 4, 2002. Commission seeks comment on what obligations of incumbent independent Petition for Clarification and Waiver equal access and nondiscrimination LECs that provide interLATA services has been filed in the Commission’s requirements were carried through from on an integrated basis with the rulemaking proceeding listed in this the MFJ, to which carriers these obligations of other LECs that provide Public Notice and published pursuant to requirements apply, and the extent to interLATA services on an integrated 47 CFR 1.429(e). The full text of this which these requirements are relevant basis. document is available for viewing and today. The Commission further seeks 7. Competitive Local Exchange copying in Room CY–A257, 445 12th comment on whether the goals Carriers. The Commission also seeks Street, SW., Washington, DC or may be underlying section 251(g) can be comment on the existing equal access purchased from the Commission’s copy achieved through any other means, and nondiscrimination obligations that contractor, Qualex International (202) including reliance on other provisions apply to competitive LECs. What 863–2893. Oppositions to this petition of section 251 and the requirements that Commission orders or other law impose must be filed by March 26, 2002. See the Commission has imposed pursuant equal access and nondiscrimination section 1.4(b)(1) of the Commission’s to those provisions. It further asks how requirements on non-incumbent LECs rules (47 CFR 1.4(b)(1)). Replies to an sections 201 and 202, and the today, and what are the regulatory costs opposition must be filed within 10 days Commission’s orders interpreting those to these carriers of those requirements? after the time for filing oppositions has sections, affect the need for separate What, if any, should the equal access expired.
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Subject: Billed Party Preference for O FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM + Interlata Calls (CC Docket No. 92–77). Number of Petitions Filed: 1. Formations of, Acquisitions by, and Notice of Proposals to Engage in Mergers of Bank Holding Companies Permissible Nonbanking Activities or William F. Caton, to Acquire Companies that are Acting Secretary. The companies listed in this notice Engaged in Permissible Nonbanking [FR Doc. 02–5678 Filed 3–8–02; 8:45 am] have applied to the Board for approval, Activities BILLING CODE 6212–01–M pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) The companies listed in this notice (BHC Act), Regulation Y (12 CFR part have given notice under section 4 of the FEDERAL COMMUNICATIONS 225), and all other applicable statutes Bank Holding Company Act (12 U.S.C. COMMISSION and regulations to become a bank 1843) (BHC Act) and Regulation Y (12 holding company and/or to acquire the CFR Part 225) to engage de novo, or to [Report No. 2535] assets or the ownership of, control of, or acquire or control voting securities or the power to vote shares of a bank or assets of a company, including the Petition for Reconsideration of Action bank holding company and all of the companies listed below, that engages in Rulemaking Proceeding banks and nonbanking companies either directly or through a subsidiary or March 5, 2002. owned by the bank holding company, other company, in a nonbanking activity Petition for Reconsideration has been including the companies listed below. that is listed in § 225.28 of Regulation Y filed in the Commission’s rulemaking The applications listed below, as well (12 CFR 225.28) or that the Board has proceeding listed in this Public Notice as other related filings required by the determined by Order to be closely and published pursuant to 47 CFR Board, are available for immediate related to banking and permissible for 1.429(e). The full text on this document inspection at the Federal Reserve Bank bank holding companies. Unless is available for viewing and copying in indicated. The application also will be otherwise noted, these activities will be Room CY–A257, 445 12th Street, SW., available for inspection at the offices of conducted throughout the United States. Washington, DC or may be purchased the Board of Governors. Interested Each notice is available for inspection from the Commission’s copy contractor, persons may express their views in at the Federal Reserve Bank indicated. Qualex International (202) 863–2893. writing on the standards enumerated in The notice also will be available for Oppositions to this petition must be filed by March 26, 2002. See section the BHC Act (12 U.S.C. 1842(c)). If the inspection at the offices of the Board of 1.4(b)(1) of the Commission’s rules (47 proposal also involves the acquisition of Governors. Interested persons may CFR 1.4(b)(1)). Replies to an opposition a nonbanking company, the review also express their views in writing on the must be filed within 10 days after the includes whether the acquisition of the question whether the proposal complies time for filing oppositions has expired. nonbanking company complies with the with the standards of section 4 of the Subject: Amendment of part 67 of the standards in section 4 of the BHC Act BHC Act. Additional information on all Commission’s Rules and Establishment (12 U.S.C. 1843). Unless otherwise bank holding companies may be of a Joint Board (CC Docket No. 80–286). noted, nonbanking activities will be obtained from the National Information Numbers of Petitions Filed: 1. conducted throughout the United States. Center website at www.ffiec.gov/nic/. Additional information on all bank William F. Caton, Unless otherwise noted, comments holding companies may be obtained regarding the applications must be Acting Secretary. from the National Information Center received at the Reserve Bank indicated [FR Doc. 02–5679 Filed 3–8–02; 8:45 am] website at www.ffiec.gov/nic/. or the offices of the Board of Governors BILLING CODE 6712–01–M Unless otherwise noted, comments not later than March 25, 2002. regarding each of these applications A. Federal Reserve Bank of New must be received at the Reserve Bank York (Betsy Buttrill White, Senior Vice FEDERAL ELECTION COMMISSION indicated or the offices of the Board of President) 33 Liberty Street, New York, Governors not later than April 5, 2002. New York 10045–0001: Sunshine Act Meeting A. Federal Reserve Bank of Cleveland 1. Barclays Plc and Barclays Bank, (Stephen J. Ong, Vice President) 1455 Date & Time: Thursday, March 14, both of London, England; to acquire 2002 at 10 a.m. East Sixth Street, Cleveland, Ohio Digital Signature Trust Company, Salt 44101–2566: Place: 999 E Street, NW., Washington, Lake City, Utah, and thereby indirectly DC (Ninth Floor). 1. Charter One Financial, Inc., engage through Identrus, LLC, New Status: This meeting will be open to Cleveland, Ohio; to acquire and merge York, New York, in certification the public. with Charter National Bancorp, Inc., authority activities, and other incidental The following item has been added to Taylor, Michigan, and thereby acquire activities relating to the certification the agenda: Topics for Administrative Charter Bank, Wyandotte, Michigan. authority activities, pursuant to Bayer Fines Rulemaking. Board of Governors of the Federal Reserve Hypo- und Verinsbank AG 86 Fed. Res. PERSON TO CONTACT FOR INFORMATION: System, March 6, 2002. Bull. 56 (2000). Mr. Ron Harris, Press Officer, Robert deV. Frierson, Board of Governors of the Federal Reserve Telephone: (202) 694–1220. Deputy Secretary of the Board. System, March 5, 2002. Mary W. Dove, [FR Doc. 02–5829 Filed 3–8–02; 8:45 am] Robert deV. Frierson, Secretary of the Commission. BILLING CODE 6210–01–S Deputy Secretary of the Board. [FR Doc. 02–5859 Filed 3–7–02; 11:51 am] [FR Doc.02–5772 Filed 3–8–02; 8:45 am] BILLING CODE 6715–01–M BILLING CODE 6210–01–S
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DEPARTMENT OF HEALTH AND Wednesday, February 6, 2002, the the data collection plans and draft HUMAN SERVICES following correction is made: instruments, call the HRSA Reports On page 5604, in the third column, Clearance Officer on (301) 443–1129. Food and Drug Administration add the following sentence at the end of Comments are invited on: (a) Whether [Docket No. 02D–0032] the ADDRESSES section: ‘‘Submit written the proposed collection of information comments on the document to the is necessary for the proper performance Guidance for Industry; Implementation Dockets Management Branch (HFA– of the functions of the Agency, of Section 755 of the Agriculture, Rural 305), Food and Drug Administration, including whether the information shall Development, Food and Drug 5630 Fishers Lane, rm. 1061, Rockville, have practical utility; (b) the accuracy of Administration, and Related Agencies MD 20852.’’ the Agency’s estimate of the burden of Appropriations Act of 2002, Pub. L. No. Dated: March 4, 2002. the proposed collection of information; 107–76, § 755 (2001) Regarding Margaret M. Dotzel, (c) ways to enhance the quality, utility, Common or Usual Names for Catfish; and clarity of the information to be Availability; Correction Associate Commissioner for Policy. [FR Doc. 02–5666 Filed 3–8–02; 8:45 am] collected; and (d) ways to minimize the AGENCY: burden of the collection of information Food and Drug Administration, BILLING CODE 4160–01–P HHS. on respondents, including the use of ACTION: Notice; correction. automated collection techniques or DEPARTMENT OF HEALTH AND other forms of information technology. SUMMARY: The Food and Drug HUMAN SERVICES Administration (FDA) is correcting a Proposed Project: Health Education notice that appeared in the Federal Health Resources and Services Assistance Loan (HEAL) Program: Register of February 6, 2002 (67 FR Administration Lender’s Application for Insurance 5604). The document announced the Claim Form and Request for Collection availability of a document entitled Agency Information Collection Assistance Form (OMB No. 0915– ‘‘Guidance for Industry; Implementation Activities; Proposed Collection; 0036)—Extension of Section 755 of the Agriculture, Rural Comment Request Development, Food and Drug The HEAL program ensures the Administration, and Related Agencies In compliance with the requirement availability of funds for loans to eligible Appropriations Act of 2002, Pub. L. for opportunity for public comment on students who desire to borrow money to 107–76, § 755 (2001) Regarding proposed data collection projects pay for their educational costs. The Common or Usual Names for Catfish.’’ (section 3506(c)(2)(A) of Title 44, United HEAL lenders use the Lenders The document was inadvertently States Code, as amended by the Application for Insurance Claim to published without the mailing address Paperwork Reduction Act of 1995, request payment from the Federal for the Dockets Management Branch. Public Law 104–13), the Health Government for federally insured loans This document corrects that error. Resources and Services Administration lost due to borrowers death, disability, FOR FURTHER INFORMATION CONTACT: (HRSA) publishes periodic summaries bankruptcy, or default. The Request for Doris B. Tucker, Office of Policy (HF– of proposed projects being developed Collection Assistance form is used by 27), Food and Drug Administration, for submission to the Office of HEAL lenders to request federal 5600 Fishers Lane, Rockville, MD Management and Budget under the assistance with the collection of 20857, 301–827–7010. Paperwork Reduction Act of 1995. To delinquent payments from HEAL In FR Doc. 02–2753, appearing on request more information on the borrowers. page 5604 in the Federal Register of proposed project or to obtain a copy of The burden estimates are as follows:
Responses Hours per re- Form Number of re- per respond- Total re- sponse Total burden spondents ent sponses (minutes) hours
Lender’s Application for Insurance Claim ...... 20 75 1,500 30 750 Request for Collection Assistance ...... 20 1,260 25,200 10 4,208
Total Burden ...... 20 ...... 4,958
Send comments to Susan G. Queen, DEPARTMENT OF HEALTH AND Public Law 104–13), the Health Ph.D., HRSA Reports Clearance Officer, HUMAN SERVICES Resources and Services Administration Room 11–05, Parklawn Building, 5600 (HRSA) publishes periodic summaries Fishers Lane, Rockville, MD 20857. Health Resources and Services of proposed projects being developed Written comments should be received Administration for submission to the Office of within 60 days of this notice. Management and Budget under the Agency Information Collection Paperwork Reduction Act of 1995. To Dated: March 4, 2002. Activities: Proposed Collection: request more information on the Jane M. Harrison, Comment Request proposed project or to obtain a copy of Director, Division of Policy Review and the data collection plans and draft Coordination. In compliance with the requirement instruments, call the HRSA Reports [FR Doc. 02–5667 Filed 3–8–02; 8:45 am] for opportunity for public comment on Clearance Officer on (301) 443–1129. BILLING CODE 4165–15–P proposed data collection projects Comments are invited on: (a) Whether (section 3506(c)(2)(A) of title 44, United the proposed collection of information States Code, as amended by the is necessary for the proper performance Paperwork Reduction Act of 1995, of the functions of the Agency,
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including whether the information shall Proposed Project: Health Professions essential for assuring that borrowers are have practical utility; (b) the accuracy of Student Loan (HPSL) Program and aware of rights and responsibilities that the Agency’s estimate of the burden of Nursing Student Loan (NSL) Program schools know the history and status of the proposed collection of information; Administrative Requirements each loan account that schools pursue (c) ways to enhance the quality, utility, (Regulations and Policy)(OMB No. aggressive collection efforts to reduce and clarity of the information to be 0915–0047)—Revision default rates and that they maintain collected; and (d) ways to minimize the adequate records for audit and burden of the collection of information The regulations for the Health assessment purposes. Schools are free to on respondents, including the use of Professions Student Loan (HPSL) use improved information technology to automated collection techniques or Program and Nursing Student Loan manage the information required by the (NSL) Program contain a number of other forms of information technology. regulations. reporting and recordkeeping The estimated total annual burden is requirements for schools and loan 34,558 hours. The burden estimates are applicants. The requirements are as follows:
RECORDKEEPING REQUIREMENTS
Number of record- Total burden Regulatory/section requirements keepers Hours per year hours
HPSL Program: 57.206(b)(2), Documentation of Cost of Attendance ...... 275 1.17 322 57.208(a), Promissory Note ...... 275 1.25 344 57.210((b)(1)(i), Documentation of Entrance Interview ...... 275 1.25 344 57.210(b)(1)(ii), Documentation of Exit Interview ...... * 302 0.33 100 57.215(a)&(d), Program Records ...... * 302 10 3,020 57.215(b), Student Records ...... * 302 10 3,020 57.215(c), Repayment Records ...... * 302 18.75 5,663 HPSL Subtotal ...... 302 ...... 12,813 NSL Program: 57.306(b)(2)(ii), Documentation of Cost of Attendance ...... 347 0.3 104 57.308(a), Promissory Note ...... 347 0.5 174 57.310(b)(1)(i), Documentation of Entrance Interview ...... 347 0.5 174 57.310(b)(1)(ii), Documentation of Exit Interview ...... * 607 0.17 103 57.315(a)(1)&(a)(4), Program Records ...... * 607 5 3,035 57.315(a)(2), Student Records ...... * 607 1 607 57.315(a)(3), Repayment Records ...... * 607 2.5 1,518 NSL Subtotal ...... 607 ...... 5,715 * Includes active and closing schools.
REPORTING REQUIREMENTS
Number of Responses per Total annual Hours per Regulatory/section requirements respondents respondent responses response Total hour burden
HPSL Program: 57.205(a)(2), Excess Cash ...... Burden included under 0915–0044 and 0915–0045 57.206(a)(2), Student Financial Aid Transcript ...... 3,750 1 3,750 .25 938 57.208(c), Loan Information Dis- closure ...... 275 68.73 18,900 .0833 1,574 57.210(a)(3), Deferment Eligi- bility ...... Burden included under 0915–0044 57.210(b)(1)(i), Entrance Inter- view ...... 275 68.73 18,900 .0167 3,156 57.210(b)(1)(ii), Exit Interview .... * 302 12 3,624 0.5 1,812 57.210(b)(1)(iii), Notification of Repayment ...... * 302 30.83 9,310 0.167 1,555 57.210(b)(1)(iv), Notification Dur- ing Deferment ...... * 302 24.32 7,344 0.0833 612 57.210(b)(1)(vi), Notification of Delinquent Accounts ...... * 302 10.28 3,104 0.167 518 57.210(b)(1)(x), Credit Bureau Notification ...... * 302 8.03 2,425 0.6 1,455 57.210(b)(4)(i), Write-off of Uncollectible Loans ...... 20 1.00 20 0.5 10 57.211(a) Disability Cancellation 8 1 8 .75 6 57.215(a) Reports ...... Burden included under 0915–0044 57.215(a)(2), Administrative Hearings ...... 0 0 0 0 0 57.215(a)(d), Administrative Hearings ...... 0 0 0 0 0 HPSL Subtotal ...... 4,052 ...... 67,385 ...... 8,796 NSL Program:
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REPORTING REQUIREMENTS—Continued
Number of Responses per Total annual Hours per Regulatory/section requirements respondents respondent responses response Total hour burden
57.305(a)(2), Excess Cash ...... Burden included under 0915–0044 and 0915–0046 57.306(a)(2), Student Financial Aid Transcript ...... 2,250 1 2,250 0.25 563 57.310(b)(1)(i), Entrance Inter- view ...... 347 23.51 8,157 0.167 1,362 57.310(b)(1)(ii), Exit Interview .... * 607 3.77 2,288 0.5 1,144 57.301(b)(1)(iii), Notification of Repayment ...... * 607 6.18 3,751 0.167 626 57.310(b)(1)(iv), Notification Dur- ing Deferment ...... * 607 0.65 395 0.083 33 57.310(b)(1)(vi), Notification of Delinquent Accounts ...... * 607 4.61 2,798 0.167 467 57.310(b)(1)(x), Credit Bureau Notification ...... * 607 8.3 5,038 0.6 3,023 57.310(b)(4)(i), Write-off of Uncollectible Loans ...... 20 1.0 20 0.5 10 57.311(a), Disability Cancellation 7 1.0 7 0.8 5.6 57.312(a)(3), Evidence of Edu- cational Loans ...... Inactive Provision 57.315(a)(1), Reports ...... Burden included under 0915–044 57.315(a)(1)(ii), Administrative Hearings ...... 0 0 0 0 0 57.316(a)(d), Administrative Hearings ...... 0 0 0 0 0 NSL Subtotal ...... 2,857 ...... 24,704 ...... 7,234 * Includes active and closing schools.
Send comments to Susan G. Queen, days to allow additional time for public FOR FURTHER INFORMATION CONTACT: Jan Ph.D., HRSA Reports Clearance Officer, review of this draft recovery plan that C. Knight, Chief, Endangered Species Room 11–05, Parklawn Building, 5600 includes the endangered San Francisco Division, Sacramento Fish and Wildlife Fishers Lane, Rockville, MD 20857. lessingia (Lessingia germanorum) and Office, 2800 Cottage Way, Room W– Written comments should be received Raven’s manzanita (Arctostaphylos 2605, Sacramento, California 95825. within 60 days of this notice. hookeri ssp. ravenii). The portion of the Phone: (916) 414–6600. Dated: March 4, 2002. plan dealing with Raven’s manzanita is SUPPLEMENTARY INFORMATION: Jane M. Harrison, a revision of the 1984 Raven’s Manzanita Recovery Plan. Additional Background Director, Division of Policy Review and Restoring endangered or threatened Coordination. species of concern that will benefit from recovery actions taken for these plants animals and plants to the point where [FR Doc. 02–5668 Filed 3–8–02; 8:45 am] are also discussed in the draft recovery they are again secure, self-sustaining BILLING CODE 4165–15–P plan. The draft plan includes recovery members of their ecosystems is a criteria and measures for San Francisco primary goal of the Service’s lessingia and Raven’s manzanita. endangered species program. To help DEPARTMENT OF THE INTERIOR guide the recovery effort, the Service is DATES: Comments on the draft recovery working to prepare recovery plans for Fish and Wildlife Service plan must be received on or before May most of the listed species native to the 6, 2002. Extension of Comment Period on the United States. Recovery plans describe ADDRESSES: Draft Recovery Plan for Coastal Plants Copies of the draft recovery actions considered necessary for the of the Northern San Francisco plan are available for inspection, by conservation of the species, establish Peninsula appointment, during normal business criteria for downlisting or delisting hours at the following location: U.S. listed species, and estimate time and AGENCY: U.S. Fish and Wildlife Service, Fish and Wildlife Service, Sacramento cost for implementing the recovery Interior. Fish and Wildlife Office, 2800 Cottage measures needed. ACTION: Extension of comment period. Way, W–2605, Sacramento, California The Endangered Species Act of 1973, (telephone (916) 414–6600); and U.S. as amended (16 U.S.C. 1531 et seq.) SUMMARY: We, the U.S. Fish and Fish and Wildlife Service, Regional (Act), requires the development of Wildlife Service (Service), announce the Office, Ecological Services, 911 N.E. recovery plans for listed species unless extension of the comment period for the 11th Ave., Eastside Federal Complex, such a plan would not promote the public review of the Draft Recovery Plan Portland Oregon 97232–4181 (telephone conservation of a particular species. for Coastal Plants of the Northern San (503) 231–6131). Requests for copies of Section 4(f) of the Act as amended in Francisco Peninsula for an additional 60 the draft recovery plan and written 1988 requires that public notice and an days from the date of publication of this comments and materials regarding this opportunity for public review and notice in the Federal Register. The plan should be addressed to Wayne S. comment be provided during recovery original comment period was to close on White, Field Supervisor, Ecological plan development. The Service will March 4, 2002. We are extending the Services, at the above Sacramento consider information presented during comment period for an additional 60 address. the public comment period prior to
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approval of each new or revised its historically associated species of 2002, and from 8 a.m. to 5 p.m. on June recovery plan. Substantive technical local serpentine outcrops. The 20, 2002. comments may result in changes to the objectives of this recovery plan are to ADDRESSES: The meeting will be held at plan. Substantive comments regarding delist San Francisco lessingia and to the Yurok Tribal office, Highway 96, recovery plan implementation may not downlist Raven’s manzanita through Weitchpec, CA. necessarily result in changes to the implementation of a variety of recovery FOR FURTHER INFORMATION CONTACT: Phil recovery plan, but will be forwarded to measures including (1) Protection and Detrich, Project Leader, U.S. Fish and appropriate Federal or other entities so restoration of a series of ecological Wildlife Service, 1829 South Oregon that they can take these comments into reserves (often with mixed recreational Street, Yreka, California 96097, account during the course of and conservation park land uses); (2) telephone (530) 842–5763. implementing recovery actions. promotion of population increases of SUPPLEMENTARY INFORMATION: For Individual responses to comments will San Francisco lessingia and Raven’s background information on the Task not be provided. manzanita within these sites, or San Francisco lessingia and Raven’s Force, please refer to the notice of their reintroducion of them to restored sites; initial meeting that appeared in the manzanita are restricted to the San (3) management of protected sites, Francisco peninsula in San Francisco Federal Register on July 8, 1987 (52 FR especially the extensive eradication or 25639). County, California. San Francisco suppression of invasive dominant non- lessingia, an annual herb in the aster native vegetation; (4) research; and (5) Dated: March 4, 2002. family, is restricted to coastal sand public participation, outreach and John Engbring, deposits. Raven’s manzanita is a rare education. Acting Manager, California/Nevada evergreen creeping shrub in the heath Operations Office, Sacramento, California. family which was historically restricted Public Comments Solicited [FR Doc. 02–5687 Filed 3–8–02; 8:45 am] to few scattered serpentine outcrops. The Service solicits written comments BILLING CODE 4310–55–P Habitat loss, adverse alteration of on the recovery plan described. All ecological processes, and invasion of comments received by the date specified non-native plant species threaten San above will be considered prior to DEPARTMENT OF THE INTERIOR Francisco lessingia. Raven’s manzanita approval of this plan. Fish and Wildlife Service has also been threatened by habitat loss; Authority: The authority for this action is primary current threats include invasion section 4(f) of the Endangered Species Act, Notice of Meeting of the Klamath River of non-native vegetation and fungal 16 U.S.C. 1533(f). pathogens. The draft plan also makes Basin Fisheries Task Force Dated: March 4, 2002. reference to several other federally Duane K. McDermond, AGENCY: Fish and Wildlife Service, listed species which are ecologically Interior. associated with San Francisco lessingia Deputy Manager, California/Nevada ACTION: Notice of meeting. and Raven’s manzanita, but which are Operations Office, Sacramento, California. treated comprehensively in other [FR Doc. 02–5689 Filed 3–8–02; 8:45 am] SUMMARY: Pursuant to section 10(a)(2) of recovery plans. These species are beach BILLING CODE 4310–55–P the Federal Advisory Committee Act (5 layia (Layia carnosa), Presidio clarkia U.S.C. App. I), this notice announces a (Clarkia franciscana), Marin dwarf-flax meeting of the Klamath River Basin DEPARTMENT OF THE INTERIOR (Hesperolinon congestum), Myrtle’s Fisheries Task Force, established under silverspot butterfly (Speyere zerene Fish and Wildlife Service the authority of the Klamath River Basin myrtleae), and bay checkerspot butterfly Fishery Resources Restoration Act (16 (Euphydryas editha bayensis). In Notice of Meeting of the Klamath River U.S.C. 460ss et seq.). The meeting is addition, 16 plant species of concern Basin Fisheries Task Force open to the public. The purpose of the and 17 plant species of local or regional meeting is to continue providing conservation significance are considered AGENCY: Fish and Wildlife Service, recommendations from the affected in this recovery plan. Interior. interests to the Department of the The draft recovery plan stresses re- ACTION: Notice of meeting. Interior on implementation of their establishing dynamic, persistent SUMMARY: Pursuant to section 10(a)(2) of program to restore anadromous populations of San Francisco lessingia fisheries, including salmon and and Raven’s manzanita within plant the Federal Advisory Committee Act (5 U.S.C. App. I), this notice announces a steelhead, of the Klamath River in communities which have been restored California and Oregon. to be as ‘‘self-sustaining’’ as possible meeting of the Klamath River Basin DATES: The Klamath River Basin within urban wildland reserves. Fisheries Task Force, established under Fisheries Task Force (Task Force) will Specific recovery actions for San the authority of the Klamath River Basin meet from 9 a.m. to 5 p.m. on October Francisco lessingia focus on the Fishery Resources Restoration Act (16 16, 2002, and from 8 a.m. to 5 p.m. on restoration and management of large, U.S.C. 460ss et seq.). The meeting is October 17, 2002. dynamic mosaics of coastal dune areas open to the public. The purpose of the supporting shifting populations within meeting is to continue providing ADDRESSES: The meeting will be held at the species’ narrow historic range. recommendations from the affected the Shilo Inn, 2500 Almond Street, Recovery of Raven’s manzanita may interests to the Department of the Klamath Falls, OR. include, but may not be limited to, the Interior on implementation of their FOR FURTHER INFORMATION CONTACT: Phil strategy of the 1984 Raven’s Manzanita program to restore anadromous Detrich, Project Leader, U.S. Fish and Recovery Plan, which emphasized the fisheries, including salmon and Wildlife Service, 1829 South Oregon stabilization of the single remaining steelhead, of the Klamath River in Street, Yreka, California 96097, genetic individual. The draft plan also California and Oregon. telephone (530) 842–5763. recommends re-establishing multiple DATES: The Klamath River Basin SUPPLEMENTARY INFORMATION: For sexually reproducing populations of Fisheries Task Force (Task Force) will background information on the Task Raven’s manzanita in association with meet from 9 a.m. to 5 p.m. on June 19, Force, please refer to the notice of their
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initial meeting that appeared in the Tribe’s main accounts. In December The 60-day comment period on the Federal Register on July 8, 1987 (52 FR 1991, the Tribe eliminated one account National Historic Landmark listed 25639). and combined the section 602 funds below has ended and the boundary Dated: March 4, 2002. (principal, cash, dividends, and interest) documentation has been approved. John Engbring, into its main investment account. Copies of the documentation of the At the time of the July 12, 1996 landmark and its boundaries, including Acting Manager, California/Nevada disbursement of $180,000 for the Operations, Sacramento, California. maps, may be obtained from the Shriner’s Building purchase, the National Register of Historic Places, [FR Doc. 02–5688 Filed 3–8–02; 8:45 am] remaining accumulated amount of National Park Service, 1849 C Street, BILLING CODE 4310–55–P section 602 funds and the dividends Northwest, Suite NC 400, Washington, and interest of those funds, was D.C. 20240, Attention: Sarah Pope DEPARTMENT OF THE INTERIOR $212,169.65. (phone: 202–343–9536; e-mail: An analysis of the accumulation of [email protected]). interest and dividends on section 602 Bureau of Indian Affairs Grant-Kohrs National Historic funds was completed by KPMG, L.L.P., Landmark Determination of Trust Land a public accounting firm. The analysis Acquisition procedures included tracing balances Deer Lodge, Powell County, Montana from bank account statements, testing Designated a Landmark on December AGENCY: Bureau of Indian Affairs, the appropriateness of the allocation of 19, 1960 Interior. interest and dividends to section 602 Carol D. Shull, ACTION: Notice. funds and other funds deposited in the Chief of the National Historic Landmarks SUMMARY: The Bureau of Indian Affairs main account, tracing the use of the Survey and Keeper of the National Register; (BIA) is publishing this notice to section 602 funds to purchases and sell National Register, History and Education. provide notification of the securities, and the mathematical [FR Doc. 02–5705 Filed 3–8–02; 8:45 am] accuracy of the analysis. KMPG ‘‘found determination that public Law 98–602 BILLING CODE 4310–70–P land settlement claim funds were used that the computations were appropriate to purchase trust land in Kansas City, and that the ending value that resulted Kansas for the Wyandotte Tribe of from the initial $100,000 investment DEPARTMENT OF THE INTERIOR Oklahoma (Tribe). was $121,170 at the time of the land purchase.’’ The analysis and findings National Park Service FOR FURTHER INFORMATION CONTACT: were presented to the Tribe in a George T. Skibine, Director, Office of November 26, 2001 letter from KPMG. National Register of Historic Places; Indian Gaming Management, Bureau of Notification of Pending Nominations Indian Affairs 1849 C Street NW, MS– Determination 2070 MIB, Washington, DC 20240; by The Secretary of the Interior has Nominations for the following telephone at (202) 219–4066 (this is not determined that the funds used to properties being considered for listing a toll-free number); or by telefax at (202) purchase the Shriner’s Property in in the National Register were received 273–3153. Kansas City, Kansas were from the by the National Park Service before SUPPLEMENTARY INFORMATION: This section 602 settlement of specific land February 16, 2002. Pursuant to § 60.13 notice is published in exercise of claims. The Secretary affirms that trust of 36 CFR part 60 written comments authority delegated to the Assistant status of the subject lands. concerning the significance of these Secretary—Indian Affairs by 209 DM 8 properties under the National Register Dated: February 22, 2002. and in accordance with 5 U.S.C. 2, 9, criteria for evaluation may be forwarded 2710. Neal A. McCaleb, by United States Postal Service, to the Assistant Secretary—Indian Affairs. National Register of Historic Places, Background [FR Doc. 02–5760 Filed 3–8–02; 8:45 am] National Park Service, 1849 C St. NW., The statutory authority for the BILLING CODE 4310–4N–M NC400, Washington, DC 20240; by all Wynadotte Tribe’s acquisition of the other carriers, National Register of Kansas City tract (Shriner’s Building) is Historic Places, National Park Service, Public Law 98–602, 98 Stat. 3149, DEPARTMENT OF THE INTERIOR 800 N. Capitol St.NW, Suite 400, enacted on October 30, 1984. It Washington DC 20002; or by fax, 202– National Park Service expressly provides that ‘‘$100,000 of 343–1836 . Written or faxed comments such funds shall be used for the National Register of Historic Places; should be submitted by March 26, 2002. purchase of real property which shall be Notice on NHL Boundaries held in trust by the Secretary for the Carol D. Shull, Tribe.’’ Public Law 98–602 § 105(b)(1). The National Park Service has been Keeper of the National Register of Historic When section 602 funds were received working to establish boundaries for all Places. by Wyandotte Tribe of Oklahoma, the National Historic Landmarks for which ARKANSAS Tribe purchased $100,000 of mortgage no specified boundary was identified at obligation bonds on May 14, 1986. the time of designation and therefore are Garland County Interest and bond dividend earnings without a clear delineation of the Orange Street Presbyterian Church, 428 were retained in an existing cash property involved. Orange St., Hot Springs, 02000259 account. As bonds were redeemed and In accordance with the National Greene County additional bonds purchased, the funds Historic Landmark program regulations 36 CFR 65, the National Park Service Highfill—McClure House, 701 W. Highland flowed through the cash account, which St., Paragould, 02000260 contained other tribal monies. notifies owners, public officials and Beginning in 1989 the Tribe held an other interested parties and gives them Pope County investment account which paid some an opportunity to comment on the Pottsville Citizen’s Bank, 156 E. Ash St., dividends and interests directly to the proposed boundary documentation. Pottsville, 02000261
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COLORADO NORTH CAROLINA NEBRASKA Denver County Stanly County Otoe County Dickinson Branch Library, 1545 Hooker St., Downtown Albemarle Historic District, Little Nemaha River Bridge (Highway Bridges Denver, 02000262 Portions of S. 2nd, W. Main and N. and S. in Nebraska MPS), Co. Rd. over the Little 1st Sts., Albemarle, 02000275 Nemaha R., 3 mi. NW of Syracuse, Phillips County Syracuse, 92000723 TEXAS Shirley Hotel, 101 S. Colorado Ave., Haxtun, 02000263 Harris County [FR Doc. 02–5704 Filed 3–8–02; 8:45 am] FLORIDA Sam Houston Hotel, 1119 Prairie St., BILLING CODE 4310–70–P Houston, 02000276 Hillsborough County VERMONT North Franklin Street Historic District, DEPARTMENT OF THE INTERIOR Roughly bounded by Florida Ave., E. Caledonia County National Park Service Fortune, Tampa, Franklin and E. Harrison Ricker Pond State Park (Historic Park Sts., Tampa, 02000264 Landscapes in National and State Parks National Register of Historic Places; Palm Beach County MPS), 526 State Forest Rd., Groton, Notification of Pending Nominations 02000277 Evans, J.B., House, 142 S. Ocean Bvd., Delray Stillwater State Park (Historic Park Beach, 02000265 Landscapes in National and State Parks Nominations for the following properties being considered for listing Polk County MPS), 126 Boulder Beach Rd., Groton, 02000278 in the National Register were received Interlaken Historic Residential District by the National Park Service before (Winter Haven, Florida MPS), Roughly Lamoille County February 23, 2002. bounded by N. Shore Lake Howard, SW. Elmore State Park (Historic Park Landscapes Pursuant to § 60.13 of 36 CFR Part 60 Shore Lake Mirror and Cannon-Howard in National and State Parks MPS), 856 VT Canal, Winter Haven, 02000266 12, Elmore, 02000279 written comments concerning the significance of these properties under LOUISIANA Orange County the National Register criteria for Bossier Parish Allis State Park (Historic Park Landscapes in evaluation may be forwarded by United Bossier City Municipal Building, 630 National and State Parks MPS), RR 2, Box States Postal Service, to the National Barksdale Rd., Bossier City, 02000267 192, Brookfield, 02000280 Register of Historic Places, National Park Service, 1849 C St. NW, NC400, East Baton Rouge Parish Windsor County Washington, DC 20240; by all other Coolidge State Park (Historic Park Dufrocq School, 330 S. 19th St., Baton Rouge, carriers, National Register of Historic 02000268 Landscapes in National and State Parks MPS), 855 Coolidge State Park Rd., Places, National Park Service, 800 N. East Feliciana Parish Plymouth, 02000281 Capitol St. NW, Suite 400, Washington DC 20002; or by fax, 202–343–1836 . Clear Creek AME Church, Approx. 1⁄2 mi. S. Wilgus State Park, of Jct. LA 961 and LA 432, Felixville, Written or faxed comments should be (Historic Park Landscapes in National and 02000269 submitted by March 26, 2002. State Parks MPS), 3985 US Route 5, MARYLAND Weatherfield, 02000282 Paul R. Lusignan, Acting Keeper of the National Register of Washington County WEST VIRGINIA Historic Places. Maryland Heights, Spur Battery (Harpers Jefferson County Ferry National Historical Park MPS), COLORADO Bollman—Wernwag—Latrobe Bridge Hoffmaster Rd., Sandy Hook, 02000286 (Harpers Ferry National Historical Park Denver County MISSOURI MPS), Confluence Potomac and Photography and Armament School Shenandoah Rs., Harpers Ferry, 02000287 Buildings, Lowry Air Force Base, 125 and St. Louis Independent City 130 Rampart Way and 7600 East First WISCONSIN Moloney Electric Company Building, 1141– Place, Denver, 02000288 1151 S. 7th St., Saint Louis, 02000270 Fond Du Lac County Morgan County Cole, William I, House, 303 Gillett St., Fond NEBRASKA Morgan County Courthouse and Jail, 225 du Lac, 02000283 Clay County Ensign and 218 West Kiowa, Fort Morgan, Kewaunee County 02000289 Inland School (School Buildings in Nebraska MPS), Jct. NWC East Ave. and Edison St., Major Wilbur Fr. Browder (tugboat), Harbor Pitkin County Park, Kilbourn St., Kewaunee, 02000284 Inland, 02000271 Ute Cemetery, Ute Ave., Aspen, 02000291 Outagamie County Douglas County Weld County Barteau Bridge, N. of WI 187 crossing of Ackerhurst—Eipperhurst Dairy Barn, 15220 Nettleton—Mead House, 1303 9th Ave., Shioc R., Bovina, 02000285 Military Rd., Bennington, 02000272 Greeley, 02000290 A request for REMOVAL has been made for Wayne County the following resource: GEORGIA Wayne Municipal Auditorium, 222 N. Pearl NEBRASKA Cherokee County St., Wayne, 02000273 Douglas County Canton Cotton Mills No. 2, 200 Ball Ground NEW JERSEY Hwy., Canton, 02000293 Jobbers’ Canyon Historic District, Roughly Monmouth County bounded by Farnum, Eighth, Jackson, and Thomas County Camp Evans Historic District, 2201 Marconi Tenth Sts. Omaha, 86003408 Paradise Park Historic District (Boundary Rd. (Wall Township), New Bedford, A request for a MOVE has been made for Increase), 502 S. Broad St., Thomasville, 02000274 the following resource: 02000292
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IOWA VIRGINIA WISCONSIN Polk County Fluvanna County Fond Du Lac County Evans, Edward B. and Nettie E., House, 1410 Laughton, VA 623, Kents Store, 02000318 Ebert, Rudolph and Louise, House, 199 E. 19th St., Des Moines, 02000294 Western View, VA 658, Fork Union, Division St., Fond du Lac, 02000327 LOUISIANA 02000320 [FR Doc. 02–5706 Filed 3–8–02; 8:45 am] BILLING CODE 4310–70–P Pointe Coupee Parish Hanover County Valverda Plantation House, 2217 LA 977, Spring Green, 2160 Old Church Rd., Maringouin, 02000297 Mechanicsville, 02000316 DEPARTMENT OF THE INTERIOR Tensas Parish Northampton County Bureau of Reclamation Fish and Waterproof High School, Main St., bet. Almshouse Farm at Machipongo, 12402 Wildlife Service Church Ln. and Mississippi St., Lankford Hwy., Machipongo, 02000317 Waterproof, 02000296 Brown’s, James, Dry Goods Store, 16464 Imperial Irrigation District Water MICHIGAN Courthouse Rd., Eastville, 02000321 Conservation and Transfer Project, Draft Habitat Conservation Plan, Cass County Southampton County California [INT–DES–01–44], Notice of First Methodist Episcopal Church of Aspen Lawn, 4438 Hiscksford Rd., Public Hearings Pokagon, 60041 Vermont St., Pokagon Drewryville, 02000319 Township, 02000295 AGENCIES: Bureau of Reclamation and Washington County NEVADA Fish and Wildlife Service, Interior. Pitts, Dr. William H., House, 247 E. Main St., ACTION: Notice of public hearings. Lander County Abingdon, 02000322 SUMMARY: Pursuant to the National Toquima Cave, Humboldt—Toiyabe National WASHINGTON Forest, Austin, 02000298 Environmental Policy Act of 1969, as Cowlitz County amended (NEPA), and the Council on NEW YORK Modrow Bridge (Bridges and Tunnels Built Environmental Quality’s Regulations for Chenango County in Washington State, 1951–1960 MPS) Implementing the Procedural Provisions Upperville Meeting House, NY 80, Modrow Rd. over Kalama R., Kalama, of NEPA, on January 18, 2002, the Upperville, 02000307 02000310 Bureau of Reclamation (Reclamation) filed a draft environmental impact Delaware County King County report/environmental impact statement Van Benschoten House and Guest House, Foss River Bridge (Bridges and Tunnels Built (EIR/EIS) on Imperial Irrigation Margaretville Mountain Rd., Margaretville, in Washington State, 1951–1960 MPS) Jack District’s (IID) proposed Water 02000302 Bird Rd. No. 89440 over Foss R., Conservation and Transfer Project, Draft Dutchess County Skykomish, 02000312 Habitat Conservation Plan (HCP). The Mt. Si Bridge (Bridges and Tunnels Built in Beth David Synagogue, E. Main St., Amenia, Fish and Wildlife Service (Service) is a 02000308 Indian Rock Schoolhouse, Washington State, 1951–1960 MPS) Mount cooperating agency in the preparation of Mygatt Rd., Amenia, 02000306 Si Rd. over Middle Fork of the Snoqualmia this EIR/EIS (pursuant to 40 CFR R., North Bend, 02000324 Genesee County 1501.6). Stossel Bridge (Bridges and Tunnels Built in Under the proposed project, IID Batavia Cemetery, Harvester Ave., Batavia, Washington State, 1951–1960 MPS), NE would conserve and transfer the right to 02000309 Carnation Farm Rd. over Snoqualmie R., use up to 300,000 acre-feet per year of Monroe County Carnation, 02000325 Colorado River water, which IID is First Presbyterian Church of Mumford, Klickitat County otherwise entitled to divert for use within IID’s water service area in George and William Sts., Mumford, B–Z Corner Bridge (Bridges and Tunnels 02000299 Built in Washington State, 1951–1960 Imperial County, California. The Montgomery County MPS), B–Z Corner—Glenwood Rd. over conserved water would be transferred to White Salmon River, B–Z Corner, San Diego County Water Authority, Enlarged Double Lock No. 33 Old Erie Canal, Coachella Valley Water District and/or Towpath Rd., St. Johnsville, 02000315 02000314 The Metropolitan Water District. These Queens County Skagit County transfers, which are to remain in effect Long Island Motor Parkway, Roughly Alley Dalles Bridge (Bridges and Tunnels Built in for up to 75 years, would facilitate Pond and Cunningham Parks, bet. Washington State, 1951–1960 MPS), efforts to reduce California’s diversion Winchester Blvd. and Clearview Concrete Sauk Valley Rd. across the Skagit of Colorado River water in normal years Expressway, bet. 73rd Ave. and Peck Ave., R., Concrete, 02000323 to its annual 4.4 million acre-feet Queens, 02000301 Rainbow Bridge, Pioneer Parkway over the apportionment. The Secretary of the Saratoga County Swinomish Channel, La Conner, 02000313 Interior is expected to approve the Barker General Store, 1 Military Rd., Beecher Skamania County change in the point of delivery for the transferred water by executing an Hollow, 02000303 Conrad Lundy Jr. Bridge (Bridges and Implementation Agreement, the Tunnels Built in Washington State, 1951– St. Lawrence County environmental impacts of which are First Presbyterian Church of Dailey Ridge, 1960 MPS), Wind River Rd. over Wind River Canyon, Carson, 02000326 disclosed in the ‘‘Implementation 411 Elliot Rd., Potsdam, 02000300 Agreement, Inadvertent Overrun and Tioga County Snohomish County Payback Policy, and Related Federal Evergreen Cemetery, East Ave., bet. Erie St. Red Bridge (Bridges and Tunnels Built in Actions Draft EIS’’ (INT–DES–01–43) and Prospect St., Owego, 02000305 Washington State, 1951–1960 MPS), and the ‘‘Biological Assessment for First Methodist Episcopal Church of Tioga Mountain Loop Hwy. over Stillaguamish Proposed Interim Surplus Criteria, Center, NY 17C, Tioga, 02000304 R., Silverton, 02000311 Secretarial Implementation Agreements
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for California Water Plan Components of the public review and comment threatened. Take of listed fish or and Conservation Measures on the period (see ADDRESSES, below). (The end wildlife is defined under the ESA to Lower Colorado River (Lake Mead to the of the public review and comment include kill, harm, or harass. Harm Southerly International Boundary)’’ period identified in the original notice includes significant habitat modification dated August 30, 2000. In addition, IID of availability (67 FR 3732, Jan. 25, or degradation that actually kills or is applying for a permit with the Service 2002) was in error.) injures listed wildlife by significantly pursuant to section 10(a)(1)(B) of the Oral comments made at the public impairing essential behavioral patterns, Endangered Species Act (ESA). This hearings may address the water including breeding, feeding, and Section 10 permit would authorize the conservation and transfer project and/or sheltering (50 CFR 17.3(c)). Under incidental take of covered species the HCP; they will be limited to 5 limited circumstances, the Service may associated with the proposed water minutes. Time permitting, the meeting issue permits to authorize incidental conservation and transfer project, as facilitator will allow any speaker to take; i.e., take that is incidental to, and well as IID’s ongoing operation and provide additional oral comments after not the purpose of, otherwise lawful maintenance activities. As a condition all persons wishing to comment have activity. Regulations governing of applying for a Section 10 permit, IID been heard. A court reporter will incidental take permits for threatened has developed a HCP in consultation prepare a written record of all and endangered species are found in 50 with the Service and the California comments made; however, commentors CFR 17.32 and 17.22, respectively. Department of Fish and Game, which is are encouraged to provide a written Pursuant to section 10(a)(1)(B) of the appended to the draft EIR/EIS. The HCP copy of their statement. If you would ESA, IID has developed an HCP. The IID provides measures to minimize and like to sign up in advance to provide HCP is intended to address the impacts mitigate the effects of the proposed oral comments, please contact Ms. of the incidental take potentially taking of listed and sensitive species Janice Kjesbo at (602) 216–3864, resulting from the water conservation and the habitats upon which they faxogram (602) 216–4006, by March 29, and transfer project, and ongoing depend. Issuance of a permit pursuant 2002. Hearing impaired, visually operations and maintenance activities. to Section 10(a)(1)(B) is a Federal action impaired, and/or mobility impaired A total of 96 species are proposed for requiring evaluation under NEPA, and persons planning to attend the coverage, including 10 federally-listed implementation of the HCP is addressed meeting(s) may arrange for necessary and two proposed species. A series of in the draft EIR/EIS. Additional accommodations by contacting Ms. strategies have been developed to information regarding the HCP is Kjesbo no later than March 15, 2002. address impacts in the drain, desert, provided in SUPPLEMENTARY ADDRESSES: The hearings will be held at tamarisk scrub, agricultural, and Salton INFORMATION, below. The analysis in the the following locations: Sea habitats. Specific strategies have draft EIR/EIS is intended to inform the • La Quinta*—IID Board Room, 81– been developed for the Burrowing Owl, public of the proposed action and 600 Ave. 58, La Quinta, California desert pupfish, and razorback sucker. alternatives; address public comments 92253. The strategies include the creation of received during the scoping period; • El Centro*—IID Auditorium, 1284 freshwater marsh and native tree disclose the direct, indirect, and Broadway, El Centro, California 92243. habitat, worker education programs, cumulative environmental effects of the • San Diego—San Diego County timing restrictions on some covered proposed action and each of the Water Authority Board Room, 4677 activities, and research efforts to alternatives; and indicate any Overland Ave., San Diego, California identify more specifically the needs of irreversible commitment of resources 92123. some covered species in order to avoid, that would result from implementation (*) A Spanish interpreter will be minimize, and mitigate the impacts of of the proposed action. present. the incidental take. The draft EIR/EIS Public hearings have been scheduled Written comments regarding the evaluates the impacts of implementing to receive written or verbal comments adequacy of the document will continue the HCP. It is anticipated that IID will be on the draft EIR/EIS from interested to be accepted until April 26, 2002, to submitting its Incidental Take Permit organizations and individuals on the Mr. Bruce Ellis, Chief, Environmental Application in the near future. Upon environmental impacts of the proposed Resources Management Division, receipt of the application package, the project and implementation of the HCP. Bureau of Reclamation, Phoenix Area Service will publish a separate notice in DATES: Public hearings are scheduled to Office (PXAO–1500), PO Box 81169, Phoenix, AZ 85069–1169, fax number the Federal Register announcing the be held to receive written or oral receipt of the application and the draft (602) 216–4006; or Mr. Elston Grubaugh, comments about the draft EIR/EIS from Implementing Agreement, and their Manager, Resource Planning and interested organizations and availability for public review. individuals, on the adequacy with Management Department, Imperial Comments received on the draft EIR/ which the draft EIR/EIS identifies and Irrigation District, PO Box 937, Imperial, EIS become part of the public record describes the potential impacts CA 92251, fax number (760) 339–9009. associated with this action. associated with approving and FOR FURTHER INFORMATION CONTACT: Accordingly, Reclamation makes these implementing the proposed Federal Questions regarding the draft EIR/EIS comments, including names and home actions. The hearings will be held on: should be directed to Mr. Ellis at the addresses of respondents, available for • April 2, 2002, 5 p.m., in La Quinta*, Phoenix Area Office address provided public review. Individual respondents California. above, or telephone (602) 216–3854. For may request that we withhold their • April 3, 2002, 5 p.m., in El Centro*, information related to the HCP, please home address from public disclosure, California. contact Ms. Carol Roberts at the which we will honor to the extent • April 4, 2002, 5 p.m., in San Diego, Carlsbad Fish and Wildlife Service allowable by law. There also may be California. office, telephone (760) 431–9440. circumstances in which we would (*) A Spanish interpreter will be SUPPLEMENTARY INFORMATION: Section 9 withhold a respondent’s identity from present. of the ESA and Federal regulation public disclosure, as allowable by law. Written comments will continue to be prohibit the ‘‘take’’ of fish and wildlife If you wish us to withhold your name accepted until April 26, 2002, the end species listed as endangered or and/or address, you must state this
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prominently at the beginning of your 750, Requirements for surface coal ADDRESSES: Office of Information and comment. However, we will not mining and reclamation operations on Regulatory Affairs, Office of consider anonymous comments. We Indian Lands; and 30 CFR part 877, Management and Budget, Attention: will make all submissions from Rights of entry. OSM is requesting a 3- Department of Interior Desk Officer, 725 organizations or businesses, and from year term of approval for each 17th Street, NW., Washington, DC individuals identifying themselves as information collection activity. 20503. Also, please send a copy of your representatives or officials of An agency may not conduct or comments to John A. Trelease, Office of organizations or businesses, available sponsor, and a person is not required to Surface Mining Reclamation and for public disclosure in their entirety. respond to, a collection of information Enforcement, 1951 Constitution Ave, Dated: February 26, 2002. unless it displays a currently valid OMB NW., Room 210—SIB, Washington, DC control number. The OMB control Willie Taylor, 20240, or electronically to numbers for these collections of [email protected]. Director, Office of Environmental Policy and information are 1029–0091 for part 750, Compliance. Dated: February 19, 2002. and 1029–0055 for part 877. Richard G. Bryson, [FR Doc. 02–5776 Filed 3–8–02; 8:45 am] As required under 5 CFR 1320.8(d), a BILLING CODE 4310–MN–P Federal Register notice soliciting Chief, Division of Regulatory Support. comments for these collections of [FR Doc. 02–5669 Filed 3–8–02; 8:45 am] information was published on December BILLING CODE 4310–05–M DEPARTMENT OF THE INTERIOR 21, 2001 (66 FR 246). No comments Office of Surface Mining Reclamation were received. This notice provides the and Enforcement public with an additional 30 days in DEPARTMENT OF JUSTICE which to comment on the following Notice of Proposed Information information collection activities: Notice of Lodging of Consent Decree Collection Title: Requirements for surface coal Under the Comprehensive mining and reclamation operations on Environmental Response, AGENCY: Office of Surface Mining Indian Lands—30 CFR part 750. Compensation, and Liability Act Reclamation and Enforcement. OMB Control Number: 1029–0091. Notice is hereby given that on ACTION: Summary: Operators who conduct or Notice and request for February 14, 2002, a proposed consent propose to conduct surface coal mining comments. decree in United States v. Kenneth H. and reclamation operations on Indian Hunter, Jr., et al., Civil No. 97–9449 SUMMARY: In compliance with the lands must comply with the CAS (RZx), was lodged with the United Paperwork Reduction Act of 1995, the requirements of 30 CFR 750 pursuant to States District Court for the Central Office of Surface Mining Reclamation Section 710 of SMCRA. and Enforcement (OSM) is announcing Bureau Form Number: None. District of California. that the information collection requests Frequency of Collection: Once. This consent decree represents a for the titles described below have been Description of Respondents: settlement of claims brought against forwarded to the Office of Management Applicants for coal mining permits. Kenneth H. Hunter, Jr., Hunter and Budget (OMB) for review and Total Annual Responses: 75. Resources, and Casmalia Resources comment. The information collection Total Annual Burden Hours: 1,400. (‘‘defendants’’) relating to the Casmalia requests describe the nature of the Title: Rights of Entry—30 CFR part Resources Hazardous Waste Disposal information collections and the 877. Site (‘‘Site’’) located near Casmalia, expected burden and cost for 30 CFR OMB Control Number: 1029–0055. California. The United States alleged in parts 750 and 877. Summary: This regulation establishes its complaint that the defendants owned and/or operated the Site and seeks the DATES: OMB has up to 60 days to procedures for non-consensual entry approve or disapprove the information upon private lands for the purpose of recovery of response costs incurred and collections but may respond after 30 abandoned mine land reclamation to be incurred related to the Site days. Therefore, public comments activities or exploratory studies when pursuant to the Comprehensive should be submitted to OMB by April the landowner refuses consent or is not Environmental Response, 10, 2002, in order to be assured of available. Compensation, and Liability Act, 42 consideration. Bureau Form Number: None. U.S.C. 9601 et seq. Frequency of Collection: Once. The consent decree requires the FOR FURTHER INFORMATION CONTACT: To Description of Respondents: State defendants to pay $6.957 million and request a copy of either information abandoned mine land reclamation imposes limitations on property owned collection request, explanatory agencies. by Casmalia Resources. The defendants information and related form, contact Total Annual Responses: 20. also waive any claim that they may have John A. Trelease at (202) 208–2783, or Total Annual Burden Hours: 20. to the Casmalia Closure/Post-Closure electronically to [email protected]. Send comments on the need for the Trust Fund, which is currently valued SUPPLEMENTARY INFORMATION: OMB collections of information for the in excess of $13 million. The consent regulations at 5 CFR 1320, which performance of the functions of the decree also provides protection to implement provisions of the Paperwork agency; the accuracy of the agency’s certain peripheral parties. Reduction Act of 1995 (Pub. L. 104–13), burden estimates; ways to enhance the The Department of Justice will require that interested members of the quality, utility and clarity of the receive, for a period of sixty (60) days public and affected agencies have an information collections; and ways to from the date of this publication, opportunity to comment on information minimize the information collection comments relating to the consent collection and recordkeeping activities burdens on respondents, such as use of decree. Comments should be addressed [see 5 CFR 1320.8(d)]. OSM has automated means of collections of the to the Assistant Attorney General, submitted two requests to OMB to information, to the following addresses. Environment and Natural Resources renew its approval of the collections of Please refer to the appropriate OMB Division, P.O. Box 7611, U.S. information contained in: 30 CFR part control numbers in all correspondence. Department of Justice, Washington, DC
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20044–7611, and should refer to United total coliform bacteria and E. coli date of this publication. Comments States v. Kenneth H. Hunter, Jr., et al., bacteria (i.e., fecal coliform), present in should be addressed to the Assistant DOJ Ref. 90–7–1–611D. A copy of all and likely to enter a public water system Attorney General, Environment and comments should also be sent to owned and/or operated by the Muros Natural Resources Division, P.O. Box Bradley R. O’Brien, U.S. Department of may have presented an imminent and 7611, U.S. Department of Justice, Justice, Environment and Natural substantial endangerment to the health Washington, DC 20044–7611, and Resources Division, Environmental of persons who were or might have been should refer to United States v. Arturo Enforcement Section, 301 Howard users of the public water system, C. Muro and Manuela B. Muro, Case No. Street, Suite 1050, San Francisco, CA because the public water system and the 00cv1484– B(POR), DOJ Ref. No. 90–5– 94105. A public hearing will also be accompanying wastewater system 1–1–07113. A copy of all comments also scheduled on this proposed settlement. suffered from serious deficiencies which should be sent to Peter J. Sholl, The consent decree may be examined were a likely source of contamination of Assistant U.S. Attorney, Office of the at U.S. EPA Region 9, 75 Hawthorne the water provided by the public water U.S. Attorney, 880 Front Street, Room Street, San Francisco, California. A copy system, and because EPA had 6293, San Diego, California 92101. of the consent decree may also be determined that the directives contained The consent decree may be examined obtained by mail from the Consent in the Emergency Administrative Order at the Office of the United States Decree Library, P.O. Box 7611, U.S. were necessary in order to protect the Attorney, 880 Front Street, Room 6293, Department of Justice, Washington, DC health of persons who were or might San Diego, California 92101, and at the 20044–7611. In requesting a copy, have been users of the public water United States Environmental Protection please refer to United States v. Kenneth system. The complaint sought: (1) Agency, Region IX, 75 Hawthorne H. Hunter, Jr., et al. Civil No. 97–9449 Enforcement of the Emergency Street, San Francisco, California 94105. CAS (RZx), DOJ Ref. 90–7–1–611D, and Administrative Order; (2) assessment of A copy of the consent decree may also enclose a check in the amount of $72.25 civil penalties for repeated and be obtained by mail from the Consent (25 cents per page reproduction cost) continuing violations of the Emergency Decree Library, P.O. Box 7611, U.S. payable to the Consent Decree Library. Administrative Order; and (3) abatement Department of Justice, Washington, DC 20044–7611, or by faxing a request to Ellen M. Mahan, of conditions that presented an imminent and substantial endangerment Tonia Fleetwood at facsimile number Assistant Chief, Environmental Enforcement (202) 514–0097, telephone confirmation Section, Environment and Natural Resources to the health of persons who were or Division. might have been users of the Muros’ number (202) 514–1547. In requesting a copy, please refer to United States v. [FR Doc. 02–5671 Filed 3–8–02; 8:45 am] public water system. The proposed consent decree requires Arturo C. Muro and Manuela B. Muro, BILLING CODE 4410–15–M the Muros to, among other things: (1) Case No. 00cv1484–B(POR), DOJ Ref. Refrain from operating or allowing any No. 90–5–1–1–07113, and enclose a DEPARTMENT OF JUSTICE other individual or entity to operate any check in the amount of $8.25 (25 cents public water system, as that term is per page reproduction cost) payable to Notice of Lodging of Consent Decree defined in the SDWA, or providing or the U.S. Treasury. allowing any other individual or entity Under Safe Drinking Water Act Ellen M. Mahan, to provide water by any means, at the In accordance with Departmental Muro’s trailer park for any purpose until Assistant Section Chief, Environmental Enforcement Section. Policy, 28 CFR 50.7, notice is hereby EPA grants written permission in given that on February 22, 2002, a accordance with the terms of the [FR Doc. 02–5672 Filed 3–8–02; 8:45 am] proposed consent decree in United consent decree; (2) take all necessary BILLING CODE 4410–15–M States v. Arturo C. Muro and Manuela actions to ensure that third parties do B. Muro, Case No. 00cv1484–B(POR) not interfere with the operation of any DEPARTMENT OF JUSTICE was lodged with the United States public water system that EPA may District Court for the Southern District authorize the Muros to operate at the Notice of Lodging of Consent Decree of California. Muros’ trailer park pursuant to the Pursuant to the Comprehensive This consent decree represents a consent decree; (3) take all necessary Environmental Response, settlement of claims brought against actions to ensure that third parties do Compensation, and Liability Act Arturo C. Muro and Manuela B. Muro, not violate, or cause the Muros to in a civil complaint that was filed on violate, any of the terms of the consent In accordance with Departmental July 25, 2000, for violations of the Safe decree; (4) if EPA authorizes the Muros policy, 28 CFR 50.7, notice is hereby Drinking Water Act, 42 U.S.C. 300f to to operate any public water system at given that three proposed consent 300j–26 (the ‘‘SDWA’’), at a trailer park the Muro’s trailer park in accordance decrees in United States v. Quemetco, that is owned and operated by the with the terms of the consent decree, the Inc., et al., Civil Action No. CV–02– Muros in the County of San Diego, Muros shall thereafter comply with all 225–C, were lodged on January 31, California. The complaint alleged that applicable requirements of the SDWA, 2002, with the United States District the Muros failed to comply with a its implementing regulations, and Court for the Western District of Finding Of Imminent And Substantial certain other requirements set forth in Washington. The consent decrees Endangerment To The Health Of the consent decree; (5) pay a stipulated require the defendants Quemetco, Inc., Persons And Administrative Order civil penalty of $500.00 for past BFI Waste Systems of North America, (Docket No. PWS–EO–99–004) (the violations of the Emergency Inc., and the University of Washington, ‘‘Emergency Administrative Order’’) Administrative Order; and (6) pay to compensate the trustees for natural that the United States Environmental stipulated civil penalties for each future resource damages at the Tualip Landfill Protection Agency (‘‘EPA’’) had issued violation of any requirement or deadline Superfund Site, which consist of the on May 21, 1999, pursuant to the of the consent decree. State of Washington Department of SDWA, 42 U.S.C. 300i(a). EPA had The Department of Justice will receive Ecology, the Tulalip Tribes of issued the Emergency Administrative comments relating to the consent decree Washington, the National Oceanic and Order because contaminants, including for a period of thirty (30) days from the Atmospheric Administration of the
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United States Department of Commerce, (‘‘NESHAP’’), 40 CFR part 63, subparts lodged with the United States District and the United States Department of G and H; the National Emissions Court for the Southern District of Texas. Interior, for natural resource damages at Standards for Hazardous Air Pollutants In this action the United States sought the Tualip Landfill Superfund Site that for Source Categories, 40 CFR part 61, injunctive relief and civil penalties have resulted from the release of subpart M, relating to asbestos related to the natural gas pipeline hazardous substances at the Site. Under (‘‘asbestos NESHAP’’), and for violations owned and operated by the consent decrees Quemetco will pay of the Texas Air Quality Control $39, 839 for natural resource damages, Regulations, 30 TAC §§ 115.10–149, at Transcontinental Gas Pipe Line Corp. BFI Waste Systems of North America its chemical manufacturing facility in (Transco) which stretches from Texas to will pay $37, 981, and the University of Houston, Texas. The Consent Decree New York. In the Complaint, the United Washington will pay $39, 139. provides for TPC’s payment of a civil States seeks injunctive relief and civil The Department of Justice will penalty to the United States in the penalties pursuant to Resource receive, for a period of thirty (30) days amount of $113,750 dollars, and Conservation and Recovery Act (RCRA) from the date of this publication, requires TPC to bring its facility into Section 3008(a), (g), and (h), 42 U.S.C. comments relating to the proposed compliance with the Texas Air Quality 6928(a), (g), and (h); Clean Water Act consent decrees. Comments should be Control Regulations, by installing (CWA) section 301(a), 33 U.S.C. 1311(a); addressed to the Assistant Attorney control equipment consisting of internal and Toxic Substances Control Act General for the Environment and floating roofs on Tanks 77, 78 and 79. (TSCA) sections 6 and 17, 15 U.S.C. Natural Resources Division, Department The Department of Justice will 2605 and 2616. The United States of Justice, Washington, DC 20530, and receive, for a period of thirty (30) days resolves these claims in the proposed should refer to United States v. from the date of this publication, Consent Decree which also requires Quemetco, Inc., et al., DOJ Ref. #90–11– comments relating to the proposed Transco to perform corrective action 3–1412/9. Consent Decree. Comments should be consisting of soil and groundwater The proposed consent decrees may be addressed to Thomas L. Sansonetti, cleanup of hazardous wastes along its examined at the office of the United Assistant Attorney General for the pipeline; perform PCB cleanup work; States Attorney, 101 Fifth Avenue, Environment and Natural Resources Seattle WA 98104. A copy of the Division, PO Box 7611, United States complete a stormwater discharge proposed consent decrees may also be Department of Justice, Washington, DC monitoring program; and pay a civil obtained by mail from the Consent 20044–7611, and should refer to United penalty of $1.4 million. Decree Library, PO Box 7611, U.S. States v. Texas Petrochemical The Department of Justice will receive Department of Justice, Washington, DC Corporation, DOJ Ref. #90–5–2–1– comments relating to the Consent 20044–7611 or by faxing a request to 06816. Decree for a period of thirty (30) days Tonia Fleetwood, fax no. (202) 514– The proposed Consent Decree may be from the date of this publication. 0097, phone confirmation number (202) examined at the office of the United Comments should be addressed to the 514–1547. In requesting a copy, please States Attorney, Southern District of Assistant Attorney General, enclose a check in the amount of $5.00 Texas, 911 Travis Street, Suite 1500, Environment and Natural Resources (25 cents per page reproduction cost) Houston, Texas 77208; and the Region Division, PO Box 7611, U.S. Department payable to the U.S. Treasury. VI Office of the Environmental of Justice, Washington, DC 20044–7611, Protection Agency, 1445 Ross Avenue, and should refer to United States v. Robert E. Maher, Jr., Dallas, Texas. A copy of the Consent Transcontinental Gas Pipe Line Corp., Assistant Chief, Environmental Enforcement Decree may also be obtained by mail Section, Environment and Natural Resources No. H–02–0387 (S.D. Tex.), D.J. Ref. 90– from the Consent Decree Library, PO Division. Box 7611, United States Department of 7–1–909. [FR Doc. 02–5754 Filed 3–8–02; 8:45 am] Justice, Washington, DC 20044–7611. In The Consent Decree may be examined BILLING CODE 4410–01–M requesting a copy please refer to the at the Office of the United States referenced case and enclose a check in Attorney for the Southern District of DEPARTMENT OF JUSTICE the amount of $4.00 (25 cents per page Texas, 910 Travis, Suite 1500, Houston, reproduction costs), payable to the TX 77002, and at the Enforcement and Notice of Lodging of Consent Decree Consent Decree Library. Compliance Docket Information Center, Pursuant to the Oil Pollution Act of Catherine R. McCabe, U.S. Environmental Protection Agency, 1990 Deputy Chief, Environmental Enforcement Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW., In accordance with Departmental Section, Environment and Natural Resources Washington, DC 20004. A copy of the policy, notice is hereby given that a Division. proposed Consent Decree in United [FR Doc. 02–5756 Filed 3–8–02; 8:45 am] Consent Decree may also be obtained by States v. Texas Petrochemicals BILLING CODE 4410–15–M mail from the Consent Decree Library, Corporation, Civil Action H–00–3555, PO Box 7611, U.S. Department of was lodged on December 11, 2001, with Justice, Washington, DC 20044–7611 or the United States District Court for the DEPARTMENT OF JUSTICE by faxing a request to Tonia Fleetwood, Southern District of Texas. fax no. (202) 514–0097, phone Notice of Lodging of Consent Decree confirmation number (202) 514–1547. In this action the United States sued Under the Resource Conservation and When requesting a full copy with all Texas Petrochemicals Corporation Recovery Act, Toxic Substances exhibits, please enclose a check in the pursuant to section 113 of the Clean Air Control Act, and Clean Water Act Act (‘‘CAA’’), 42 U.S.C. 7413, for TPC’s amount of $85.25 (25 cents per page violations of the Standards of Under 28 CFR 50.7, notice is hereby reproduction cost) payable to the U.S. Performance for New Stationary Sources given that on February 1, 2002, a Treasury. When requesting a copy (‘‘NSPS’’), 40 CFR part 60, subparts A proposed Consent Decree in United without exhibits, please enclose a check and Db, the National Emission States v. Transcontinental Gas Pipe Line in the amount of $16.25 (25 cents per Standards for Hazardous Air Pollutants Corp., Civil Action No. H–02–0387 was
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page reproduction cost) payable to the fax no. (202) 514–0097, phone DEPARTMENT OF LABOR U.S. Treasury. confirmation number (202) 514–1547. In requesting a copy, please enclose a Employment and Training Thomas Mariani, check in the amount of $6.25 (25 cents Administration Assistant Chief, Environmental Enforcement per page reproduction cost) payable to Section, Environment and Natural Resources the U.S. Treasury. Investigations Regarding Certifications Division. of Eligibility To Apply for NAFTA [FR Doc. 02–5753 Filed 3–8–02; 8:45 am] Robert Brook, Transitional Adjustment Assistance BILLING CODE 4410–15–M Assistant Section Chief, Environmental Enforcement Section, Environment and Petitions for transitional adjustment Natural Resources Division. assistance under the North American DEPARTMENT OF JUSTICE [FR Doc. 02–5755 Filed 3–8–02; 8:45 am] Free Trade Agreement-Transitional BILLING CODE 4410–15–M Adjustment Assistance Implementation Notice of Lodging of Consent Decree Act (Pub. L. 103–182), hereinafter called Under the Clean Air Act (NAFTA–TAA), have been filed with State Governors under Section 250(b)(1) Notice is hereby given that on DEPARTMENT OF JUSTICE of Subchapter D, Chapter 2, Title II, of February 1, 2002, a proposed Consent Antitrust Division the Trade Act of 1974, as amended, are Decree (‘‘Decree’’) in United States v. identified in the Appendix to this Williams Field Services Company and Notice Pursuant to The National Notice. Open notice from a Governor Williams Gas Processing Company, Inc., Cooperative Research and Production that a NAFTA–TAA petition has been Civil Action No. 02–B–0199, was lodged Act of 1993—New Productivity received, the Director of the Division of with the United States District Court for Initiative, Inc. Trade Adjustment Assistance (DTAA), the District of Colorado. The action was Employment and Training filed pursuant section 113(b) of the Notice is hereby given that, on Administration (ETA), Department of Clean Air Act (the ‘‘Act’’), 42 U.S.C. January 16, 2002, pursuant to section Labor (DOL), announces the filing of the 7413(b). The action concerns 6(a) of the National Cooperative petition and takes action pursuant to modifications of the so-called Ignacio Research and Production Act of 1993, paragraphs (c) and (e) of section 250 of Plant, a natural gas processing plant 15 U.S.C. 4301 et seq. (‘‘the Act’’), New the Trade Act. located on privately owned fee land Productivity Initiative, Inc. has filed situated within the exterior boundaries written notifications simultaneously The purpose of the Governor’s actions of the Southern Ute Indian Reservation with the Attorney General and the and the Labor Department’s near Durango, Colorado, consisting of Federal Trade Commission disclosing investigations are to determine whether the installation of two dehydrators changes in its membership status. The the workers separated from employment allegedly in violation of the Act’s notifications were filed for the purpose on or after December 8, 1993 (date of Prevention of Significant Deterioration of extending the Act’s provisions enactment of Pub. L. 103–182) are (‘‘PSD’’) program. Pursuant to the terms limiting the recovery of antitrust eligible to apply for NAFTA–TAA under of the settlement the Companies are plaintiffs to actual damages under Subchapter D of the Trade Act because required to pay a civil penalty of specified circumstances. Specifically, of increased imports from or the shift in $951,139 and obtain a PSD permit from Cadance Design Systems, Chelmsford, production to Mexico or Canada. EPA for those sources. MA; and Compaq Computer The petitioners or any other persons The Department of Justice will receive Corporation, Houston, TX have been showing a substantial interest in the comments relating to the proposed added as parties to this venture. subject matter of the investigations may Consent Decree for a period of thirty No other changes have been made in request a public hearing with the (30) days from the date of this either the membership or planned Director of DTAA at the U.S. publication. Comments should be activity of the group research project. Department of Labor (DOL) in addressed to the Assistant Attorney Membership in this group research Washington, DC provided such request General, Environment and Natural project remains open, and New if filed in writing with the Director of Resources Division, Department of Productivity Initiative, Inc. intends to DTAA not later than March 21, 2002. Justice, and sent to the Denver Field file additional written notification Also, interested persons are invited to Office, 999 18th Street, Suite 945NT, disclosing all changes in membership. submit written comments regarding the subject matter of the petitions to the Denver, CO 80202, and should refer to On October 4, 2001, New Productivity Director of DTAA at the address shown United States v. Williams Field Services Initiative, Inc. filed its original below not later than March 21, 2002. Company et al., D.J. Ref. 90–5–2–1– notification pursuant to section 6(a) of Petitions filed with the Governors are 06938/1. the Act. available for inspection at the Office of The Decree may be examined at the The Department of Justice published the Director, DTAA, ETA, DOL, Room offices of the EPA Library, EPA Region a notice in the Federal Register C–5311, 200 Constitution Avenue, NW., VIII, located at 999 18th Street, First pursuant to section 6(b) of the Act on Washington, DC 20210. Floor, Denver, Colorado 80202. A copy December 5, 2001 (66 FR 63259). of the Decree may also be obtained by Signed at Washington, DC this 28th day of mail from the Consent Decree Library, Constance K. Robinson, February 2002. PO Box 7611, U.S. Department of Director of Operations, Antitrust Division. Edward A. Tomchick, Justice, Washington, DC 20044–7611 or [FR Doc. 02–5757 Filed 3–8–02; 8:45 am] Director, Division of Trade Adjustment by faxing a request to Tonia Fleetwood, BILLING CODE 4410–11–M Assistance.
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APPENDIX
Date re- ceived at Subject firm Location Governor’s Petition number Articles produced office
Corning Cable (Wkrs) ...... Hickory, NC ...... 01/02/2002 NAFTA–5,735 fiber optic cable. Solon Manufacturing (Co.) ...... Skowhegan, ME ...... 01/16/2002 NAFTA–5,736 ice cream sticks. Harsco Corp.—Heckett Multiserv (Wkrs) Whiting, IN ...... 01/15/2002 NAFTA–5,737 steel. Drexel Heritage Furnshings (Co.) ...... Drexel, NC ...... 01/22/2002 NAFTA–5,738 residential furniture. Shield Acquisition—Coldwell Moser (Co.) New Albany, IN ...... 01/22/2002 NAFTA–5,739 saddle skirting. Rem Electronics Supply (Co.) ...... El Paso, TX ...... 01/22/2002 NAFTA–5,740 distributed electronics parts. Western Power Products (Co.) ...... Hood River, OR ...... 01/14/2002 NAFTA–5,741 fiberglass enclosures. Cannon County Knitting Mills (Wkrs) ...... Smithville, TN ...... 01/22/2002 NAFTA–5,742 knit wearing apparel. Zeeland Chemical—Cambrex Corp. Zeeland, MI ...... 01/22/2002 NAFTA–5,743 chemicals. (Wkrs). Haworth (Wkrs) ...... Haworth, MI ...... 01/22/2002 NAFTA–5,744 chairs. Gold Toe Brands (Co.) ...... Bally, PA ...... 01/18/2002 NAFTA–5,745 men and women’s socks. Loranger Manufacturing (Co.) ...... Warren, PA ...... 01/18/2002 NAFTA–5,746 apparel. Park Hannifin (Wkrs) ...... Reading, PA ...... 01/28/2002 NAFTA–5,747 repair multi spindle screw machines. J and E International Sales (Co.) ...... El Paso, TX ...... 01/18/2002 NAFTA–5,748 sales/distribution of copper tubing. Goodyear Dunlop Tires N.A. (USWA) ...... Huntsville, AL ...... 01/18/2002 NAFTA–5,749 radial passenger and light truck tires. Telex Communications (Wkrs) ...... Buchanan, MI ...... 01/28/2002 NAFTA–5,750 audio service. Goodyear Tire and Rubber (USWA) ...... East Gadsden, AL ...... 01/15/2002 NAFTA–5,751 radial passenger tires and hummer. Cascade General (Co.) ...... Portland, OR ...... 01/07/2002 NAFTA–5,752 pump shafts. Salem Oil and Grease (Co.) ...... Salem, MA ...... 01/16/2002 NAFTA–5,753 leather softness, waxes and greases. Polariod Corporation (Wkrs) ...... Camb, MA ...... 01/17/2002 NAFTA–5,754 film and equipment. Delphi Automotive System (Wkrs) ...... Oak Creek, WI ...... 01/16/2002 NAFTA–5,755 auto body computers phones and serv- ice. AT and T (Co.) ...... Los Angeles, CA ...... 01/07/2002 NAFTA–5,756 phones and service. Wateree Textile (Co.) ...... Lugoff, SC ...... 01/17/2002 NAFTA–5,757 taffata lining fabrics. Bosch Rexroth Croporation (IAMAW) ...... Sturtevant, WI ...... 01/16/2002 NAFTA–5,758 hydraulic pumps, vales, manifolds. Hoffman Enclosures—Pentair (Wkrs) ...... Anoka, MN ...... 01/16/2002 NAFTA–5,759 enclosures. Donaldson Company (Co.) ...... Nicholasville, KY ...... 01/25/2002 NAFTA–5,760 panels, hoppers, fan assemblies. Clear Pine Mouldings (Wkrs) ...... Prineville, OR ...... 01/22/2002 NAFTA–5,761 doors and windows for residentual. JTD, Inc. (Wkrs) ...... Tigard, OR ...... 01/25/2002 NAFTA–5,762 aluminum tooling (castings). Leavitt Communications (Wkrs) ...... Lincolnshire, IL ...... 02/20/2002 NAFTA–5,763 wireless products. J. Dashew, Inc. (Wkrs) ...... Baltimore, MD ...... 11/14/2002 NAFTA–5,764 industrial sewing machine and supplies. Prudential Steel—Maverick Tube (Wkrs) Langview, WA ...... 01/25/2002 NAFTA–5,765 steel. Badger States Tanning (Wkrs) ...... Milwaukee, WI ...... 01/28/2002 NAFTA–5,766 suede leather splits. Huhtamaki Foodservices, Chinet Co. Waterville, ME ...... 01/23/2002 NAFTA–5,767 laminated pulp molded plates. (The) (PACE). Ultrafem, Inc. (Co.) ...... Missoula, MT ...... 01/17/2002 NAFTA–5,768 sanitary protection products. Materials Processing (Co.) ...... Riverview, MI ...... 01/22/2002 NAFTA–5,769 coated axle. Kolenda Tool and Die (Co.) ...... Wyoming, MI ...... 01/23/2002 NAFTA–5,770 injection molds and plastic molded parts. Dillon Yarn (Wkrs) ...... Dillon, SC ...... 01/23/2002 NAFTA–5,771 yarn. Asarco, Inc.—Amarillo Copper Refinery Amarillo, TX ...... 01/23/2002 NAFTA–5,772 copper. (USWA). Superior Milling (Wkrs) ...... Watersmeet, MI ...... 01/23/2002 NAFTA–5,773 green lumber. Xpectra, Inc. (Wkrs) ...... Santa Cruz, CA ...... 01/18/2002 NAFTA–5,774 plastic injection moldings. Printing Arts America (Wkrs) ...... Brisbane, CA ...... 01/22/2002 NAFTA–5,775 printed materials. Blauer Manufacturing—CAM Corp. (Co.) Chatom, AL ...... 01/23/2002 NAFTA–5,776 police outerwear. R.R. Donnelley (Wkrs) ...... Lynchburg, VA ...... 01/22/2002 NAFTA–5,777 catalogs. Tyco Electronics (Wkrs) ...... Georgetown, KY ...... 01/23/2002 NAFTA–5,778 wiring harnesses and cable. Brunswick Foreign Trade Zone (Wkrs) .... Brunswick, GA ...... 01/23/2002 NAFTA–5,779 paper products. AG Simpson Automotive Systems (UAW) Sterling Heights, MI ..... 01/24/2002 NAFTA–5,780 automotive bumper assemblies. Pak-Mor Manufacturing (Wkrs) ...... San Antonio, TX ...... 01/28/2002 NAFTA–5,781 front loader body shell. Allegro Microsystems (Wkrs) ...... Willow Grove, PA ...... 01/28/2002 NAFTA–5,782 integrated circuits. Maska U.S. (Co.) ...... Williston, VT ...... 01/28/2002 NAFTA–5,783 hockey apparel. Ferraz Shawmut (Co.) ...... Newburyport, MA ...... 01/24/2002 NAFTA–5,784 electrical fuses. Symbol Technologies (Wkrs) ...... Houston, TX ...... 01/23/2002 NAFTA–5,785 bar code scanners. Flextronics Enclosures (Co.) ...... Kingston, PA ...... 01/25/2002 NAFTA–5,786 enclosures (cabinets). Flextronics Enclosures (Wkrs) ...... Smithfield, NC ...... 01/29/2002 NAFTA–5,787 motorola cabinets. United Central Industrial—Blue Ridge Bassett, VA ...... 01/25/2002 NAFTA–5,788 industrial supplies and tools. (Co.). Genelity Corp. (Wkrs) ...... Jessup, PA ...... 01/29/2002 NAFTA–5,789 artificial christmas trees. Owens Illinois (Wkrs) ...... Newburyport, MA ...... 01/14/2002 NAFTA–5,790 plastic containers. L and G Manufacturing (UNITE) ...... Archbald, PA ...... 01/29/2002 NAFTA–5,791 men’s suit and dress pants. TNS Mills (Co.) ...... Rockingham, NC ...... 01/29/2002 NAFTA–5,792 textile yarn. Ferro Corporation (Wkrs ...... Pittsburgh, PA ...... 01/29/2002 NAFTA–5,793 glass enamels, ceramic coatings. Emerson Electric—Daniel Measurement Statesboro, GA ...... 02/04/2002 NAFTA–5,794 turbine and valve product lines. (Co.). Lakemont Mfg. (Co.) ...... Lakemont, GA ...... 01/30/3002 NAFTA–5,795 ladies pants. John Solomon (Co.) ...... Somerville, MA ...... 01/31/2002 NAFTA–5,796 textiles, pockets etc. Engelhand Corporation (Wkrs) ...... McLntyre, GA ...... 01/30/2002 NAFTA–5,797 mined kaolin.
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APPENDIX—Continued
Date re- ceived at Subject firm Location Governor’s Petition number Articles produced office
Oxford Slacks (Co.) ...... Monroe, GA ...... 01/30/2002 NAFTA–5,798 men’s slacks. Aalfs Manufacturing (Co.) ...... Texarkana, AR ...... 02/04/2002 NAFTA–5,799 denim bottoms, jeans, shorts. FDB, Inc. (Co.) ...... Lincolnton, GA ...... 02/04/2002 NAFTA–5,800 men’s and ladies jackets. Associated Spring—Barnes Group (Co.) Dallas, TX ...... 02/04/2002 NAFTA–5,801 power brake and return springs. Justin Brands (Co.) ...... Ft. Worth, TX ...... 02/04/2002 NAFTA–5,802 boots. Optek Technology (Wkrs) ...... Carrollton, TX ...... 01/30/2002 NAFTA–5,803 automotive plastic parts. R.G. Barry (Co.) ...... Laredo, TX ...... 01/30/2002 NAFTA–5,804 slipper components. GeoComm Corporation (Co.) ...... El Paso, TX ...... 01/30/2002 NAFTA–5,805 digital telecommunication services. Accuride (Wkrs) ...... Columbia, TN ...... 01/25/2002 NAFTA–5,806 light truck wheel. Angelica Corporation (Wkrs) ...... Savannah, TN ...... 01/30/2002 NAFTA–5,807 health care garments. Forth, Inc.—Altex, Inc. (Co.) ...... Charlotte, NC ...... 02/04/2002 NAFTA–5,808 knitted cotton. Haworth, Inc.—Myrtle Mueller (Co.) ...... Chadbourn, NC ...... 01/30/2002 NAFTA–5,809 file cabinet, tables. Sanmina, Inc. (Wkrs) ...... Clinton, NC ...... 01/28/2002 NAFTA–5,810 metal. Thomson Multimedia (Wkrs) ...... Indianapolis, IN ...... 02/05/2002 NAFTA–5,811 test equipment. 3M Bedford Park (Co.) ...... Bedford Park, IL ...... 02/05/2002 NAFTA–5,812 paper, film and foil pressure. CHF Industries (Wkrs) ...... Loris, SC ...... 02/05/2002 NAFTA–5,813 bedding. Tyco International (Co.) ...... Arab, AL ...... 02/04/2002 NAFTA–5,814 motor controls. Angelica Corporation (Wkrs) ...... Collinwood, TN ...... 02/04/2002 NAFTA–5,815 hospital apparel. Mitel Network—Network Access Solutions Ogdensburg, NY ...... 02/01/2002 NAFTA–5,816 printed circuit board. (Wkrs). parker Hannifin (Co.) ...... Sanasota, FL ...... 02/01/2002 NAFTA–5,817 valves. S–B Power Tool (Co.) ...... Walnut Ridge, AR ...... 02/04/2002 NAFTA–5,818 sanders, grinders, hammers. Seagate US LLC (Wkrs) ...... Oklahoma City, OK ..... 02/01/2002 NAFTA–5,819 hard disc drives. Albany International (Co.) ...... Greenville, SC ...... 01/31/2002 NAFTA–5,820 paper machines. BH Electronics (Wkrs) ...... Marshall, MN ...... 01/31/2002 NAFTA–5,821 transformer. Sims Manufacturing (Co.) ...... Rutland, MA ...... 01/30/2002 NAFTA–5,822 tractor cabs. LeeMah Electronics (Wkrs) ...... San Francisco, CA ...... 01/31/2002 NAFTA–5,823 circuit boards. Uniroyal Goodrich Tire (USWA) ...... Tuscaloose, AL ...... 01/30/2002 NAFTA–5,824 radial passenger tires. Vaapco Group—Novatch Mfg. (Co.) ...... Millers Tavern, VA ...... 01/23/2002 NAFTA–5,825 brake pads. Fruit of the Loom (Wkrs) ...... Jamestown, KY ...... 01/30/2002 NAFTA–5,826 men’s and women’s underware. Carey Industries (Co.) ...... Danbury, CT ...... 01/29/2002 NAFTA–5,827 textile dye. T and K Manufacturing (Co.) ...... Brownstown, PA ...... 01/31/2002 NAFTA–5,828 women’s undergarments. Chambersburg Engineering (Co.) ...... Chambersburg, PA ..... 02/04/2002 NAFTA–5,829 heavy equipment. D and M Tool (Co.) ...... Meadville, PA ...... 02/04/2002 NAFTA–5,830 jigs, dies, fixtures, molds. Champion Part (Wkrs) ...... Beech Creek, PA ...... 02/04/2002 NAFTA–5,831 carburators axles. Pittsburgh Annealing Box (USWA) ...... Pittsburgh, PA ...... 02/04/2002 NAFTA–5,832 annealing inner covers. Tyco Electronics (Wkrs) ...... Carlisle, PA ...... 02/04/2002 NAFTA–5,833 electronic terminals. Emerson Process Brooks Instrument Hatfield, PA ...... 02/04/2002 NAFTA–5,834 sensor winding. (Wkrs). Pabst Brewing (Wkrs) ...... Fogelsville, PA ...... 02/01/2002 NAFTA–5,835 beer and malt beverages. Tyco Electronics (Wkrs) ...... Jacobus, PA ...... 02/05/2002 NAFTA–5,836 electrical connectors. Canto Tool (Co.) ...... Meadville, PA ...... 02/05/2002 NAFTA–5,837 tooling. Philadelphia Mixers (Co.) ...... Palmyra, PA ...... 02/01/2002 NAFTA–5,838 gearing, shafts, etc. Square D (Co.) ...... Oshkosh, WI ...... 02/11/2002 NAFTA–5,839 low voltage transformers & medical panel. McCoy Ellison (Co.) ...... Monroe, NC ...... 02/11/2002 NAFTA–5,840 textile equipment. Biltwell Clothing (UNITE) ...... Farmington, MO ...... 01/30/2002 NAFTA–5,841 garments. Schumacher Electric (Co.) ...... Hoopeston, IL ...... 02/05/2002 NAFTA–5,842 automotive battery chargers. Dale Electronics (Wkrs) ...... Norfolk, NE ...... 02/04/2002 NAFTA–5,843 e-rel, mil-chip. Argus International (Wkrs) ...... Medley, FL ...... 02/06/2002 NAFTA–5,844 pants, shirts and women’s suits. Hale Products (Co.) ...... St. Joseph, TN ...... 02/06/2002 NAFTA–5,845 portable fire pumps. Evy of California (Wkrs) ...... Bakersfield, CA ...... 01/28/2002 NAFTA–5,846 apparel. Bowater (PACE) ...... Coosa Pines, AL ...... 02/07/2002 NAFTA–5,847 pulp and paper. Tee Tease LLC (Azteca)(Wkrs) ...... Commerce, CA ...... 11/07/2001 NAFTA–5,848 print tee shirts. Levolor Kirsch Window Fashions (Co.) .... Westminster, CA ...... 02/06/2002 NAFTA–5,849 wood and faux wood. RHI Refractories America—AP Green Middletown, PA ...... 02/08/2002 NAFTA–5,850 precast refractory shapes. Ind. (Co.). California Joy (Co.) ...... Glendale, CA ...... 02/06/2002 NAFTA–5,851 swimwear. Southwire Company (Co.) ...... Carrollton, GA ...... 02/07/2002 NAFTA–5,852 fuel tanks. Tri Way Mfg. (Wkrs) ...... El Paso, TX ...... 02/07/2002 NAFTA–5,853 injection molds. Smiths Group—Portex, Inc. (Co.) ...... Fort Myers, FL ...... 02/08/2002 NAFTA–5,854 Anesthesia Circuits. Low Complexity Mfg. Group (Co.) ...... Utica, NY ...... 10/25/2002 NAFTA–5,855 fusel assemblies. Black and Decker (Co.) ...... Nashville, TN ...... 02/07/2002 NAFTA–5,856 reconditioning of tools. Tyco Printed Circuit Group (Wkrs) ...... Dallas, OR ...... 02/04/2002 NAFTA–5,857 printed circuit boards. West Point Foundry and Machine (Co.) ... West Point, GA ...... 02/15/2002 NAFTA–5,858 sale, service of textile machinery. Schott Corporation (Co.) ...... Jefferson, MN ...... 02/15/2002 NAFTA–5,859 wire. Arlee Home Fashions (Wkrs) ...... Leachville, AR ...... 02/19/2002 NAFTA–5,860 chairpads and pillows. L.E. Mason Co.—Thomas and Betts (Co.) Boston, MA ...... 02/11/2002 NAFTA–5,861 zinc. Schrader Machine and Tool—SMT Auto Hanover, MI ...... 01/08/2002 NAFTA–5,862 auto parts. (Wkrs).
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APPENDIX—Continued
Date re- ceived at Subject firm Location Governor’s Petition number Articles produced office
Thomas and Betts (Co.) ...... Quakertown, PA ...... 02/15/2002 NAFTA–5,863 application tools. Westwood LLC (Wkrs) ...... Marion, NC ...... 02/12/2002 NAFTA–5,864 cloth. National Steel Pellet (USWA) ...... Keewtin, MN ...... 02/14/2002 NAFTA–5,865 steel pellet. Exide Technologies (Co.) ...... Florence, MS ...... 02/14/2002 NAFTA–5,866 batteries. Tracy Minntronix (Wkrs) ...... Tracy, MN ...... 01/31/2002 NAFTA–5,867 transformers. Alcoa Wheel Products—Reynolds Wheel Lebanon, VA ...... 02/13/2002 NAFTA–5,868 hot forging, re-machining. (Co.). Cherry Automotive (Wkrs) ...... Waukegan, IL ...... 02/22/2002 NAFTA–5,869 electronic components.
[FR Doc. 02–5570 Filed 3–8–02; 8:45 am] scheduling priorities of the key —Living With a Star Update BILLING CODE 4510–30–M participants. Visitors will be requested —Sun-Earth Connection Roadmap and to sign a visitor’s register. Strategic Planning —Discussion and Writing Groups Sylvia K. Kraemer, NATIONAL AERONAUTICS AND Advisory Committee Management Officer, It is imperative that the meeting be SPACE ADMINISTRATION National Aeronautics and Space held on these dates to accommodate the [Notice 02–034] Administration. scheduling priorities of the key [FR Doc. 02–5715 Filed 3–8–02; 8:45 am] participants. Visitors will be requested NASA Advisory Council, Planetary BILLING CODE 7510–01–P to sign a visitor’s register. Protection Advisory Committee; Sylvia K. Kraemer, Meeting Advisory Committee Management Officer, NATIONAL AERONAUTICS AND AGENCY: National Aeronautics and National Aeronautics and Space SPACE ADMINISTRATION Space Administration. Administration. ACTION: Notice of meeting. [Notice 02–035] [FR Doc. 02–5716 Filed 3–8–02; 8:45 am] BILLING CODE 7510–01–P SUMMARY: In accordance with the NASA Advisory Council, Space Federal Advisory Committee Act, Public Science Advisory Committee, Sun- Law 92–463, as amended, the National Earth Connection Advisory NATIONAL AERONAUTICS AND Aeronautics and Space Administration Subcommittee; Meeting SPACE ADMINISTRATION announces a forthcoming meeting of the AGENCY: National Aeronautics and NASA Advisory Council (NAC), [Notice (02–032)] Planetary Protection Advisory Space Administration (NASA). Committee (PPAC). ACTION: Notice of meeting. Notice of Prospective Patent License DATES: Monday, March 18, 2002, 1 p.m. SUMMARY: In accordance with the AGENCY: National Aeronautics and to 5 p.m., Tuesday, March 19, 2002, 8:30 Federal Advisory Committee Act, Public Space Administration. a.m. to 5 p.m. Law 92–463, as amended, the National ACTION: ADDRESSES: NASA Headquarters, Notice of prospective patent Aeronautics and Space Administration license. Conference Room 7H46, 300 E Street, announces a forthcoming meeting of the SW., Washington, DC 20546. NASA Advisory Council, Space Science SUMMARY: NASA hereby gives notice FOR FURTHER INFORMATION CONTACT: Ms. Advisory Committee, Sun-Earth that the Enduro Medical Technology, Marian Norris, Code SB, National Connection Advisory Subcommittee. Inc. of Manchester, Connecticut, has Aeronautics and Space Administration, DATES: Monday, April 1, 2002, 8:30 a.m. applied for a partially exclusive license Washington, DC 20546, 202/358–4452. to 5 p.m.; Tuesday, April 2, 2002, 8:30 to practice the inventions described and SUPPLEMENTARY INFORMATION: The to 5 p.m.; and Wednesday, April 3, 8:30 claimed in: U.S. Patent No. 5,174,590, meeting will be open to the public up a.m. to noon. entitled ‘‘Compliant Walker,’’ and U.S. to the capacity of the room. The agenda ADDRESSES: NASA Headquarters, Patent No. 4,946,421, entitled ‘‘Robot for the meeting includes the following: Conference Room 5H46, 300 E Street, Cable-Compliant Joint,’’ both patents —NASA Planetary Protection Policy SW., Washington, DC 20546. being assigned to the United States of —NASA’s Mars and Solar System FOR FURTHER INFORMATION CONTACT: Ms. America as represented by the Exploration Program Marian Norris, Code SB, National Administrator of the National —Planetary Protection Advisory Aeronautics and Space Administration, Aeronautics and Space Administration. Committee’s Role and Responsibilities Written objections to the proposed grant —Issues in Returned Sample Handling Washington, DC 20546, 202/358–4452. SUPPLEMENTARY INFORMATION: The of a license should be sent to NASA —MUSES–C Mission Goddard Space Flight Center. NASA has —Mars Planetary Protection: Issues and meeting will be open to the public up not yet made a determination to grant Status to the capacity of the room. The agenda —Emerging Issues in Planetary for the meeting includes the following the requested license and may deny the Protection topics: requested license even if no objections are submitted within the comment —Europa and the Outer Planets —Sun-Earth Connection Program period. —Human Exploration Overview: Budget, Ongoing Program, It is imperative that the meeting be Future Activities DATES: Responses to this notice must be held on these dates to accommodate the —Solar Terrestrial Probes Update received by March 26, 2002.
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FOR FURTHER INFORMATION CONTACT: Dated: March 4, 2002. II. Approval of Minutes from the 82nd Diana Cox, Lead Patent Counsel, NASA Paul G. Pastorek, NMSB Meeting Goddard Space Flight Center, Code General Counsel. III. Director’s Report 710.1, Greenbelt, Maryland, 20771. [FR Doc. 02–5714 Filed 3–8–02; 8:45 am] IV. Staff Reports (a) Office of Management and Budget Dated: March 4, 2002. BILLING CODE 7510–01–P (b) Office of Public and Legislative Paul G. Pastorek, Affairs General Counsel. (c) Office of Technology and Research NATIONAL FOUNDATION ON THE [FR Doc. 02–5713 Filed 3–8–02; 8:45 am] (d) Office of Museum Services ARTS AND THE HUMANITIES BILLING CODE 7510–01–P (e) Office of Library Services Meeting of the National Museum V. Special Report on Research Findings Services Board VI. September 11, 2002 NATIONAL AERONAUTICS AND VII. Coming Up Taller program SPACE ADMINISTRATION AGENCY: Institute of Museum and Dated: March 7, 2002. Library Services. Teresa LaHaie, [Notice 02–033] ACTION: Notice of meeting. Administrative Officer, National Foundation on the Arts and Humanities, Institute of SUMMARY: Notice of Prospective Patent License This notice sets forth the Museum and Library Services. agenda of the forthcoming meeting of [FR Doc. 02–5889 Filed 3–7–02; 2:16 pm] AGENCY: the National Museum Services Board. National Aeronautics and BILLING CODE 7036–01–M Space Administration. This notice also describes the function of the board. Notice of this meeting is ACTION: Notice of prospective patent required under the Sunshine in license. Government Act and regulations of the NATIONAL SCIENCE FOUNDATION Institute of Museum and Library SUMMARY: NASA hereby gives notice Services, 45 CFR 1180.84. Business and Operations Advisory that Instrumentation Technology Time/Date: 1:30 p.m.–4:30 p.m. on Committee; Meeting Associates, Inc., having offices in Exton, Friday, March 22, 2002. Pennsylvania, has applied for a partially Status: Open. In accordance with Federal Advisory exclusive license to practice the Address: The Fells Point Room of the Committee Act (Pub. L. 92–463, as amended), the National Science inventions described and claimed in Renaissance Harborplace Hotel, 202 East Foundation announces the following U.S. Patent No. 5,827,531, entitled Pratt Street, Baltimore, MD 21202, (410) meeting: ‘‘Multi-Lamellar, Immiscible Phase 547–1200. Microencapsulation of Drugs’’; U.S. FOR FURTHER INFORMATION CONTACT: Name: Business and Operations Advisory Patent No. 6,099,864, entitled ‘‘INSITU Elizabeth Lyons, Special Assistant to the Committee (9556). Director, Institute of Museum and Date/Time: March 26, 2002; 8:30 a.m. to 5 Activation of Microcapsules’’; U.S. p.m. (EST), March 27, 2002; 8:30 a.m. to 3 Patent No. 6,214,300, entitled Library Services, 1100 Pennsylvania p.m. (EST). ‘‘Microencapsulation and Electrostatic Avenue, NW., Room 510, Washington, Place: National Science Foundation, 4201 Processing Device (MEPS)’’; U.S. Patent DC 20506, (202) 606–4649. Wilson Boulevard, Room 1235, Arlington, No. 6,103,271, entitled SUPPLEMENTARY INFORMATION: The VA. ‘‘Microencapsulation & Electrostatic National Museum Services Board is Type of Meeting: Open. Contact Person: Louise McIntire, National Coating Process’’; pending U.S. patent established under the Museum Services Act, Title II of the Arts, Humanities, and Science Foundation, 4201 Wilson Boulevard, application entitled ‘‘Protein Crystal Arlington, VA 22230 (703) 292–8200. Encapsulation Process,’’ NASA Case No. Cultural Affairs Act of 1976, Public Law Purpose of Meeting: To provide advice MSC–22936–1–SB; pending U.S. patent 94–462. The Board has responsibility for concerning issues related to the oversight, application entitled ‘‘Externally the general policies with respect to the integrity, development and enhancement of Triggered Microcapsules,’’ NASA Case powers, duties, and authorities vested in NSF’s business operations. No. MSC22939–1–SB and pending the Institute under the Museum Services Agenda: continuations, divisional applications, Act. March 26, 2002 and foreign applications corresponding The meeting on Friday, March 22, 2002 will be open to the public. If you AM: Introductions and Updates—Office of to the above-listed cases. Each of the Budget, Finance, and Award Management need special accommodations due to a above-listed patents and patent and Office of Information and Resource disability, please contact: Institute of applications are assigned to the United Management activities; President’s Museum and Library Services, 1100 States of America as represented by the Management Agenda. Pennsylvania Avenue, NW., PM: Presentation and Discussion— Administrator of the National Washington, DC 20506—(202) 606– Management Controls and Audit Findings. Aeronautics and Space Administration. 8536—TDD (202) 606–8636 at least March 27, 2002 Written objections to the prospective seven (7) days prior to the meeting date. grant of a license should be sent to the AM: Discussion—Meet with NSF Deputy Johnson Space Center. Agenda Director; presentation by NSF ‘‘customer’’ panel. DATES: Responses to this notice must be 83rd Meeting of the National Museum PM: Discussion—Planning for next received by March 26, 2002. Services Board at The Renaissance meeting; feedback; other business. Harborplace Hotel, 202 East Pratt Street, Dated: March 5, 2002. FOR FURTHER INFORMATION CONTACT: Baltimore, MD 21202, The Fells Point James Cate, Patent Attorney, NASA Room on Friday, March 22, 2002. Susanne Bolton, Johnson Space Center, Mail Stop HA, Committee Management Officer. Houston, TX 77058–8452; telephone 1:30 p.m.–4:30 p.m. [FR Doc. 02–5707 Filed 3–8–02; 8:45 am] (281) 483–1001. I. Chairman’s Welcome BILLING CODE 7555–01–M
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NATIONAL SCIENCE FOUNDATION policy guidance reiterates NSF’s II. Legal Background longstanding position that in order to Enforcement of Title VI of the Civil avoid discrimination against LEP The Title VI requirement to provide Rights Act of 1964—National Origin persons on the grounds of national meaningful access to LEP persons is not Discrimination Against Persons With origin, recipients must take reasonable new. Section 601 of Title VI of the Civil Limited English Proficiency; Policy steps to ensure that such persons have Rights Act of 1964, 42 U.S.C. Section Guidance meaningful access to the programs, 2000d, et seq. states: ‘‘No person in the United States shall on the ground of AGENCY: National Science Foundation. services, and information those recipients provide, free of charge. race, color or national origin, be ACTION: Notice. excluded from participation in, be I. Background SUMMARY: The National Science denied the benefits of, or be subjected to, discrimination under any program or Foundation (NSF) is publishing policy On August 11, 2000, the President guidance on Title VI’s prohibition activity receiving federal financial issued Executive Order 13166, titled assistance.’’ This is further ordered by against national origin discrimination as ‘‘Improving Access to Services by it affects limited English proficient Executive Order 13166, ‘‘Improving Persons With Limited English Access to Services for Persons With persons. This policy guidance does not Proficiency.’’ 65 FR 50121 (August 16, create new obligations, but rather, Limited English Proficiency,’’ and 2000). On the same day, the Assistant United States Department of Justice clarifies existing Title VI Attorney General for Civil Rights issued responsibilities. The purpose of this Guidance as published in the Federal a Policy Guidance Document, titled Register, Vol. 65, No. 159, August 16, document is to set forth general ‘‘Enforcement of Title VI of the Civil principles for the recipients of NSF 2000. Pursuant to its coordination Rights Act of 1964—National Origin financial assistance to apply when authority over federal enforcement of Discrimination Against Persons With developing services to individuals with Title VI, DOJ addressed in 1976 the Limited English Proficiency’’ limited English proficiency as required circumstances under which recipient/ (hereinafter referred to as ‘‘DOJ LEP by Title VI of the Civil Rights Act of covered entities might be required to Guidance’’), reprinted at 65 FR 50123 1964. provide written language assistance to (August 16, 2000). However, pursuant to LEP persons. See 28 CFR 42.405(d)(1). DATES: This guidance is effective a memorandum issued by the United immediately. Comments must be These regulations ‘‘govern the States Department of Justice on October respective obligations of Federal submitted on or before May 10, 2002. 26, 2001, NSF is republishing this NSF will review all comments and will agencies regarding enforcement of Title guidance and inviting public comment VI.’’ 28 CFR 42.405. Section 42.405(d)(1) determine what modifications to the on the guidance. policy guidance, if any, are necessary. formalized LEP obligations under Title Executive Order 13166 requires VI which were sustained by the ADDRESSES: Interested persons should submit written comments to Office of federal agencies to assess and address Supreme Court in Lau v. Nichols, 414 Equal Opportunity Programs, National the needs of otherwise eligible persons U.S. 563 (1974). Thus, this Guidance Science Foundation, 4201 Wilson Blvd., seeking access to federally conducted draws its authority from Title VI of the Arlington, VA 22230. Comments may programs and activities who, due to Civil Rights Act of 1964, as amended, 42 also be submitted by e-mail to: limited English proficiency, cannot fully U.S.C. 2000d, et seq.; 45 CFR, Part 611 [email protected]. and equally participate in or benefit (NSF’s Title VI Regulations); and 28 from those programs and activities. The CFR 42.401, et seq. (DOJ Title VI FOR FURTHER INFORMATION CONTACT: Ana DOJ LEP Guidance in turn advises each enforcement coordination regulation). Ortiz or Ruth Leichter at the above federal department or agency to ‘‘take Further, this Guidance is issued address or by telephone at 703–292– reasonable steps to ensure ‘meaningful’ pursuant to Executive Order 12250, 8020; TDD: 703–292–9027. access [to LEP individuals] to the reprinted at 42 U.S.C. 2000d, note; Arrangements to receive the policy in an information and services they provide.’’ Executive Order 13166; and is alternative format may be made by DOJ LEP Guidance, 65 FR at 50124. The consistent with the DOJ LEP Guidance. contacting the named individuals. DOJ LEP Guidance goes on to provide III. Purpose and Application Dated: February 19, 2002. that what constitutes reasonable steps to Ana A. Ortiz, ensure meaningful access will be The Title VI regulations prohibit both Director, Office of Equal Opportunity contingent on a number of factors. intentional discrimination and policies Programs, National Science Foundation. Among the factors to be considered are and practices that appear neutral but SUPPLEMENTARY INFORMATION: Title VI of the number or proportion of LEP have a discriminatory effect. Thus, a the Civil Rights Act of 1964, 42 U.S.C. persons in the eligible service recipient entity’s policies or practices 2000d, et seq. and its implementing population, the frequency with which regarding the provision of benefits and regulations provide that no person shall LEP individuals come in contact with services to LEP persons need not be be subjected to discrimination on the the program, the importance of the intentional to be discriminatory, but basis of race, color, or national origin service provided by the program, and may constitute a violation of Title VI if under any program or activity that the resources available to the agency. Id. they have an adverse effect on the receives federal financial assistance. The DOJ LEP Guidance explains that the ability of national origin minorities to The purpose of this policy guidance is identification of ‘‘reasonable steps’’ to meaningfully access programs and to clarify the responsibilities of provide oral and written services in services. Accordingly, it is useful for recipients of federal financial assistance languages other than English is to be recipient entities to examine their from the National Science Foundation determined on a case-by-case basis policies and practices to determine (NSF), and assist them in fulfilling their through a balancing of all four factors. whether they adversely affect LEP responsibilities to limited English As required by Executive Order 13166, persons. This policy guidance provides proficient (LEP) persons pursuant to this policy guidance is consistent with a brief analytical framework consistent Title VI of the Civil Rights Act of 1964 the compliance standards set out in the with the governing Title VI compliance and implementing regulations. The DOJ LEP Guidance. standards set out in the DOJ LEP
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Guidance to assist recipient/covered receive assistance from one or more The entire meeting will be open to entities in conducting such assessments. other federal departments or agencies, public attendance. there is no obligation to conduct and The schedule for this meeting is as IV. Compliance and Enforcement document separate but identical follows: A four-factor analysis is analyses and language assistance plans Tuesday, March 19, 2002 recommended for compliance. Elements for NSF. NSF, in discharging its of an effective language assistance plan compliance and enforcement obligations A. 8:30–9:40 a.m.: Opening to consider are identification of LEP under Title VI, looks to analyses Statement/Planning and Procedures individuals who need language performed and plans developed in (Open)—The Chairman will open the assistance, available language assistance response to similar detailed LEP meeting with brief opening remarks. options, training staff, providing notice guidance issued by other federal The Committee will then review items to LEP persons, and monitoring agencies. Recipients may rely upon under consideration at this meeting and effectiveness and need for guidance issued by those agencies. consider topics proposed for future modifications. It should consist of a In determining a recipient entity’s ACNW meetings. determination of the number or compliance with Title VI, NSF’s B. 10–12:30 p.m.: Update on DOE proportion of eligible individuals with primary concern is to ensure that the Performance Assessment Program LEP who might be excluded from a entity’s policies and procedures (Open)—The Committee will hear a program absent efforts to remove overcome barriers resulting from presentation from DOE on its recent language barriers, their frequency of language differences that would deny performance assessment program contact with the program, the nature LEP persons a meaningful opportunity activities for the proposed repository at and importance of the program (is it to participate in and access programs, Yucca Mountain, NV. vital to your existence?) and the services and benefits. A recipient C. 2–3:30 p.m.: Annual Research resources available. Once it is entity’s appropriate use of the methods Report to the Commission (Open)—The established that a need exists, one or and options discussed in this policy Committee will finalize its annual both of two types of language assistance guidance is viewed by NSF as evidence research report to the Commission. may be appropriate. Oral language of that entity’s willingness to comply D. 3:45–6 p.m.: Preparation for interpretation and/or written material voluntarily with its Title VI obligations. Meeting with the NRC Commissioners translation may be selected as (Open)—The next meeting with the NRC V. English-Only Provision necessary. These factors, plan elements, Commissioners is scheduled to be held and their related compliance standards State and local laws may provide at 9:30 a.m. in the Commissioners’ are discussed in detail in related additional obligations to serve LEP Conference Room, One White Flint guidance documents issued by other individuals, but such laws cannot North on March 20, 2002. The federal agencies. NSF recipients jointly compel recipients of federal financial Committee will review its proposed funded by other federal agencies may assistance to violate Title VI. For presentations. rely upon guidance issued by those instance, given our constitutional agencies. structure, state or local ‘‘English-only’’ Wednesday, March 20, 2002 Recipient entities have considerable laws do not relieve an entity that E. 8:30–8:35 a.m.: Opening Remarks flexibility in determining how to receives federal funding from its by the ACNW Chairman (Open)—The comply with their legal obligation in the responsibilities under federal anti- ACNW Chairman will make opening LEP setting and are not required to use discrimination laws. Entities in states remarks regarding the conduct of the the suggested methods and options and localities with ‘‘English-only’’ laws meeting. listed. However, recipient entities must are certainly not required to accept F. 8:35–9:10 a.m.: Discussion of establish and implement policies and federal funding—but if they do, they Topics for Meeting with the NRC procedures for providing language have to comply with Title VI, including Commissioners (Open)—The Committee assistance sufficient to fulfill their Title its prohibition against national origin will finalize preparations and discuss VI responsibilities and provide LEP discrimination by recipients of federal topics scheduled for the ACNW meeting persons with meaningful access to assistance. Failing to make federally with the NRC Commissioners. services. NSF’s regulations assisted programs and activities G. 9:30–11:30 a.m.: Meeting with the implementing Title VI contain accessible to individuals who are LEP, NRC Commissioners (Open)—The compliance and enforcement provisions in certain circumstances, violates Title Committee will meet with the NRC to ensure that a recipient’s policies and VI. Commissioners in the Commissioners’ practices overcome barriers resulting If you have any questions related to Conference Room, One White Flint from language differences that would this policy, please contact the NSF North, to discuss: deny LEP persons an equal opportunity Office of Equal Opportunity Programs. • Sufficiency Review to participate in and access to programs, • [FR Doc. 02–5616 Filed 3–8–02; 8:45 am] Total Systems Performance services and benefits offered by NSF. Assessment for Site Recommendation See 45 CFR, Part 611. We will ensure BILLING CODE 7555–01–P • Key Technical Issues that our recipient entities fulfill their • Review of NRC-Sponsored Research responsibilities to LEP persons through H. 1:00–2:45 p.m.: High-Level Waste the procedures provided for in the Title NUCLEAR REGULATORY Performance Assessment Sensitivity VI regulations. COMMISSION Studies (Open)—The staff will provide Executive Order 13166 requires that Advisory Committee on Nuclear an update on its sensitivity studies each federal department or agency Waste; Notice of Meeting related to HLW performance assessment extending federal financial assistance analyses for the proposed repository at subject to Title VI issue separate The Advisory Committee on Nuclear Yucca Mountain, NV. guidance implementing uniform Title VI Waste (ACNW) will hold its 133rd I. 3–6 p.m.: Preparation of ACNW compliance standards with respect to meeting on March 19–21, 2002, at 11545 Reports (Open)—The Committee will LEP persons. Where recipients of federal Rockville Pike, Rockville, Maryland, discuss proposed reports on the financial assistance from NSF also Room T–2B3. following topics:
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• ACNW 2002 Action Plan has been canceled or rescheduled, the for a lump-sum payment to an employee • Update on Igenous Activity Chairman’s ruling on requests for the or the employee’s survivor equal to the including PA Analyses opportunity to present oral statements Tier II taxes paid by the employee on a • HLW Performance Assessment and the time allotted therefore can be separation allowance or severance Sensitivity Studies obtained by contacting Mr. Howard J. • payment for which the employee did Annual Research Report to the Larson. not receive credits towards retirement. Commission ACNW meeting notices, meeting The collection obtains information Thursday, March 21, 2002 transcripts, and letter reports are now concerning the separation allowances available for downloading or viewing on J. 8:30–8:35 a.m.: Opening Remarks by and severance payments paid from the internet at http://www.nrc.gov/ railroad employers. the ACNW Chairman (Open)—The ACRSACNW. ACNW Chairman will make opening Videoteleconferencing service is FOR FURTHER INFORMATION CONTACT: remarks regarding the conduct of the available for observing open sessions of Copies of the forms and supporting meeting. ACNW meetings. Those wishing to use documents can be obtained from Chuck K. 8:35–12 Noon: Yucca Mountain this service for observing ACNW Mierzwa, the agency clearance officer Review Plan, Revision 2 (Open)—The meetings should contact Mr. Theron (312–751–3363). Comments regarding Committee will hear presentations by Brown, ACNW Audiovisual Technician and hold discussions with the information collection should be (301/415–8066), between 7:30 a.m. and representatives of the NRC staff addressed to Ronald J. Hodapp, Railroad 3:45 p.m. EST at least 10 days before the regarding the Yucca Mountain Review Retirement Board, 844 North Rush meeting to ensure the availability of this Plan, Revision 2. Street, Chicago, Illinois, 60611–2092 L. 1–4 p.m.: Preparation of ACNW service. Individuals or organizations and to the OMB Desk Officer for the Reports (Open)—The Committee will requesting this service will be RRB, at the Office of Management and continue its discussion of proposed responsible for telephone line charges Budget, Room 10230, New Executive ACNW reports. and for providing the equipment and Office Building, Washington, DC 20503. M. 4–4:15 p.m.: Miscellaneous facilities that they use to establish the (Open)—The Committee will discuss videoteleconferencing link. The Chuck Mierzwa, matters related to the conduct of availability of videoteleconferencing Clearance Officer. Committee activities and matters and services is not guaranteed. [FR Doc. 02–5702 Filed 3–8–02; 8:45 am] specific issues that were not completed Dated: March 5, 2002. BILLING CODE 7905–01–M during previous meetings, as time and Andrew L. Bates, availability of information permit. Advisory Committee Management Officer. Procedures for the conduct of and [FR Doc. 02–5764 Filed 3–8–02; 8:45 am] RAILROAD RETIREMENT BOARD participation in ACNW meetings were BILLING CODE 7590–01–P published in the Federal Register on Sunshine Act Meeting October 3, 2001 (66 FR 50461). In accordance with these procedures, oral Notice is hereby given that the or written statements may be presented RAILROAD RETIREMENT BOARD Railroad Retirement Board will hold a meeting on March 20, 2002, 10 a.m., at by members of the public, electronic Agency Forms Submitted for OMB recordings will be permitted only Review the Board’s meeting room on the 8th during those portions of the meeting floor of its headquarters building, 844 that are open to the public, and SUMMARY: In accordance with the North Rush Street, Chicago, Illinois, questions may be asked only by Paperwork Reduction Act of 1995 (44 60611. The agenda for this meeting members of the Committee, its U.S.C. chapter 35), the Railroad follows: consultants, and staff. Persons desiring Retirement Board (RRB) has submitted to make oral statements should notify the following proposal(s) for the Portion Open to the Public Mr. Howard J. Larson, ACNW collection of information to the Office of (1) Briefing from the Executive (Telephone 301/415–6805), between 8 Management and Budget for review and Committee on implementation of the a.m. and 4 p.m. EST, as far in advance approval. Railroad Retirement and Survivors’ as practicable so that appropriate Summary of Proposal(s) Improvement Act of 2001 arrangements can be made to schedule the necessary time during the meeting (1) Collection title: Railroad Portion Closed to the Public for such statements. Use of still, motion Separation Allowance or Severance Pay picture, and television cameras during Report. (A) Board Members meet with the this meeting will be limited to selected (2) Form(s) submitted: BA–9. Executive Committee portions of the meeting as determined (3) OMB Number: 3220–0173. The person to contact for more by the ACNW Chairman. Information (4) Expiration date of current OMB information is Beatrice Ezerski, regarding the time to be set aside for clearance: 4/30/2002. Secretary to the Board, Phone No. 312– taking pictures may be obtained by (5) Type of request: Extension of a 751–4920. contacting the ACNW office, prior to the currently approved collection. meeting. In view of the possibility that (6) Respondents: Business or other Dated: March 6, 2002. the schedule for ACNW meetings may for-profit. Beatrice Ezerski, be adjusted by the Chairman as (7) Estimated annual number of Secretary to the Board. necessary to facilitate the conduct of the respondents: 18. [FR Doc. 02–5838 Filed 3–7–02; 10:02 am] (8) Total annual responses: 1,009. meeting, persons planning to attend BILLING CODE 7905–01–M should notify Mr. Howard J. Larson as (9) Total annual reporting hours: to their particular needs. 1,262. Further information regarding topics (10) Collection description: Section 6 to be discussed, whether the meeting of the Railroad Retirement Act provides
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SECURITIES AND EXCHANGE 2. There are a minimum of 2,000 calendar months of at least 5,000 COMMISSION holders of the underlying security. contracts.3 3. Trading volume (in all markets in The Exchange notes that its [Release No. 34–45505; File No. SR–Amex– which the underlying security is traded) requirements for listing additional series 2002–13] has been at least 2,400,000 shares in the of an existing listed option (the ‘‘maintenance listing standards’’) are Self-Regulatory Organizations; Notice preceding twelve months. 4. Either (i) [T]the market price per less stringent. In particular, additional of Filing and Immediate Effectiveness series may be added pursuant to of Proposed Rule Change by the share of the underlying security has been at least $7.50 for the majority of Commentary .02 to Rule 916 if the American Stock Exchange LLC To underlying security is at least $3 in the Amend the Original Listing Criteria for business days during the three calendar months preceding the date of selection, primary market. The Exchange believes Underlying Securities Contained in that this less stringent maintenance as measured by the lowest closing price Amex Rule 915 listing standard is permitted, in part, reported in any market in which the because the Exchange’s other guidelines March 5, 2002. underlying security traded on each of assure that options would be listed and Pursuant to section 19(b)(1) of the the subject days or (ii)(a) the underlying traded on securities of companies that Securities Exchange Act of 1934 security meets the guidelines for are financially sound and subject to (‘‘Act’’),1 and Rule 19b–4 2 thereunder, continued listing in Rule 916; (b) adequate minimum standards. notice is hereby given that on March 1, options on such underlying security are Therefore, according to the Exchange, 2002, the American Stock Exchange LLC traded on at least one other registered the continued application of the (‘‘Amex’’ or ‘‘Exchange’’) filed with the national securities exchange; and (c) the Exchange’s other guidelines provide Securities and Exchange Commission average daily trading volume for such that: (1) The underlying security (the ‘‘Commission’’) the proposed rule options over the last three (3) calendar consists of a large number of change as described in Items I, II, and months preceding the date of selection outstanding shares held by non-affiliates III below, which Items have been has been at least 5,000 contracts. of the issuer; (2) the underlying security prepared by the Exchange. The 5. The issuer is in compliance with Commission is publishing this notice to is actively-traded; (3) there are a large any applicable requirements of the number of holders of the underlying solicit comments on the proposed rule Securities Exchange Act of 1934. change from interested persons. security; and (4) the underlying security II. Self-Regulatory Organization’s continues to be listed on a national I. Self-Regulatory Organization’s Statement of the Purpose of, and securities exchange or traded through Statement of the Terms of Substance of Statutory Basis for, the Proposed Rule the facilities of a national securities the Proposed Rule Change Change association. The Exchange believes that although The Exchange proposes to provide an In its filing with the Commission, the alternative original listing criteria for the continued listing requirements are Exchange included statements generally uniform among the options individual equity options that otherwise concerning the purpose of and basis for meet the standards in Commentary .01 exchanges, with the exception of the the proposed rule change and discussed ISE, the application of these standards to Rule 915 except for the requirement any comments it received on the that the underlying security be at least in the current market environment have proposed rule change. The text of these had an anticompetitive effect. $7.50. statements may be examined at the The text of the proposed rule change Specifically, the Exchange states that on places specified in Item IV below. The several occasions during the past year, appears below. New text is in italics; Exchange has prepared summaries, set deletions are in brackets. it was unable to list options classes forth in sections A, B, and C below, of because the price of the underlying Rule 915. Criteria for Underlying the most significant aspects of such security had fallen below the initial Securities statements. listing requirement since the time such (a) No Change. A. Self-Regulatory Organization’s options were first listed on another (b) No Change. Statement of the Purpose of, and exchange. Because the underlying security would continue to meet the Commentary ...... Statutory Basis for, the Proposed Rule lower maintenance listing standards, the .01 The Board of Governors has Change other options exchange(s) may continue established guidelines to be considered (1) Purpose to trade such options—and list by the Exchange in evaluating potential additional series—while the Amex may underlying securities for Exchange Commentary. 01 to Amex Rule 915 not list any options on such underlying option transactions. Absent exceptional sets forth the guidelines that an underlying individual equity security security. circumstances with respect to items 1, 2, To address this situation, the 3 or 4 listed below, at the time the must meet before the Exchange may initially list options on that security. Exchange proposes an alternative Exchange selects an underlying security original listing requirement applicable for Exchange options transactions, the The Exchange states that these guidelines or requirements are uniform to the underlying security’s price during following guidelines with respect to the the three calendar months preceding an issuer shall be met: among four (4) out of the five (5) options exchanges. The exception is the options listing. Specifically, 1. There are a minimum of 7,000,000 Commentary .01 to Amex Rule 915 shares of the underlying security which International Securities Exchange LLC (‘‘ISE’’), because of recent Commission currently provides that the market price are owned by persons other than those per share of the underlying security required to report their security approval that eliminated the $7.50 standard for an underlying security must have been at least $7.50 for the holdings under Section 16(a) of the majority of business days during the Securities Exchange Act of 1934. when such option is otherwise listed and traded on another options exchange 3 See Securities Exchange Act Release No. 45220 1 15 U.S.C. 78s(b)(1). and has an average daily trading volume (December 31, 2002), 67 FR 760 January 7, 2002) 2 17 CFR 240.19b–4. (‘‘ADTV’’) over the last three (3) (SR–ISE–2001–33).
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three calendar months preceding the exchange have rules that are designed to consistent with section 19(b)(2) of the date of selection for listing. The prevent fraudulent and manipulative Act,8 the Commission finds good cause Exchange proposes to amend acts and practices, to promote just and to waive the 30-day operative period.9 Commentary .01 to provide that, for equitable principles of trade, and, in IV. Solicitation of Comments underlying securities that satisfy all of general, to protect investors and the the initial listing requirements other public interest. Interested persons are invited to than the $7.50 per share price submit written data, views and requirement, the Exchange would be B. Self-Regulatory Organization’s arguments concerning the foregoing, permitted to list options on the Statement on Burden on Competition including whether the proposed rule securities so long as: (1) The underlying The Exchange does not believe that change is consistent with the Act. security meets the guidelines for the proposed rule change will impose Persons making written submissions continued approval contained in Amex any burden on competition. should file six copies thereof with the Rule 916; (2) options on such Secretary, Securities and Exchange C. Self-Regulatory Organization’s Commission, 450 Fifth Street, NW, underlying security are traded on at Statement on Comments on the least one other registered national Washington, DC 20549–0609. Copies of Proposed Rule Change Received From the submission, all subsequent securities exchange; and (3) the ADTV Members, Participants, or Others for such options over the last three amendments, all written statements calendar months preceding the date of No written comments were solicited with respect to the proposed rule selection has been at least 5,000 or received with respect to the proposed change that are filed with the contracts. rule change. Commission, and all written communications relating to the The Exchange believes that this III. Date of Effectiveness of the proposed rule change between the proposal is narrowly drafted to address Proposed Rule Change and Timing for Commission and any person, other than the circumstances where an actively- Commission Action traded options class is currently those that may be withheld from the ineligible for listing on the Amex while The foregoing rule change has become public in accordance with the at the same time, such option is trading effective pursuant to section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be on another options exchange. The of the Act 6 and paragraph (f)(6) of Rule available for inspection and copying in Exchange notes that when an 19b–4 7 thereunder because it does not: the Commission’s Public Reference underlying security meets the (i) Significantly affect the protection of Room. Copies of such filing will also be maintenance listing standards and at investors or the public interest; (ii) available for inspection and copying at least one other exchange trades options impose any significant burden on the principal office of the Amex. All on the underlying security, the options competition; (iii) become operative for submissions should refer to File No. already are available to the investing 30 days from the date on which it was SR–Amex–2002–13 and should be public. Therefore, the Exchange notes filed, or such shorter time as the submitted by April 1, 2002. that the current proposal would not Commission may designate; and the For the Commission, by the Division of introduce any additional listed options Exchange has given the Commission Market Regulation, pursuant to delegated classes. written notice of its intention to file the authority.10 The Exchange also believes the proposed rule change at least five Jill M. Peterson, proposed alternative original listing business days prior to filing. At any Assistant Secretary. time within 60 days of the filing of such criteria’s limitation to options that are [FR Doc. 02–5815 Filed 3–8–02; 8:45 am] proposed rule change, the Commission actively-traded (i.e., options with an BILLING CODE 8010–01–P ADTV of at least 5,000 contracts over may summarily abrogate such rule the least three calendar months) should change if it appears to the Commission serve to allay any concerns regarding that such action is necessary or SECURITIES AND EXCHANGE the listing of options that may be appropriate in the public interest, for COMMISSION inappropriate. Therefore, the Exchange the protection of investors, or otherwise maintains that the proposed alternative in furtherance of the purposes of the [Release No. 34–45501; File No. SR–NASD– 2002–28] listing standard would be limited to Act. The Commission notes that under those options with active trading, Self-Regulatory Organizations; Notice Rule 19b–4(f)(6)(iii), the proposal does indicating that there is widespread of Filing of Proposed Rule Change by not become operative for 30 days after investor interest. Because these options the National Association of Securities the date of its filing, or such shorter are actively-traded in other markets, the Dealers, Inc. Relating to Fees time as the Commission may designate Exchange further believes that there Applicable to the NASD Alternative if consistent with the protection of would be no investor protection Display Facility concerns with listing such options on investors and the public interest. The the Exchange. In addition, the Exchange Exchange has requested that the March 4, 2002. believes that listing these options on the Commission waive the 30-day operative Pursuant to Section 19(b)(1) of the Amex would enhance competition and date. The Exchange contends that Securities Exchange Act of 1934 benefit investors. acceleration of the operative date is (‘‘Act’’),1 and Rule 19b–4 thereunder,2 consistent with the protection of notice is hereby given that on February (2) Statutory Basis investors and the public interest The Exchange believes that the because the language of this proposed 8 15 U.S.C. 78s(b)(2). proposed rule change is consistent with rule is substantially similar to rule 9 For purposes only of accelerating the operative section 6(b) of the Act 4 in general and language that was put out for notice and date of this proposal, the Commission has considered the proposed rule’s impact on furthers the objectives of section comment when ISE submitted its efficiency, competition, and capital formation. 15 6(b)(5) 5 in particular in that an proposed rule change. For this reason, U.S.C. 78c(f). 10 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78f(b). 6 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b-4.
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20, 2002, the National Association of I. Self-Regulatory Organization’s 7000. CHARGES FOR SERVICES AND Securities Dealers, Inc. (‘‘NASD’’ or Statement of the Terms of Substance of EQUIPMENT ‘‘Association’’) filed with the Securities the Proposed Rule Change 7010. System Services and Exchange Commission (‘‘SEC’’ or The NASD is proposing to amend the ‘‘Commission’’) the proposed rule (a)–(f)—deleted 7000 Series of the NASD Rules to [(g) Automated Confirmation change as described in Items I, II and III designate transaction and quotation below, which Items have been prepared Transaction Service] (a) Trade related fees applicable to activities in Comparison and Reporting Service by the NASD. The Commission is the NASD’s Alternative Display Facility The following charges shall be paid publishing this notice to solicit (‘‘ADF’’). The text of the proposed rule by the participant for use of the comments on the proposed rule change change is set forth below. Proposed new [Automated Confirmation Transaction from interested persons. language is in italics; proposed Service (ACT)] Trade Comparison and deletions are in brackets.3 Reporting Service (TRACS): * * * * * Transaction Related Charges:
Comparison ...... [$0.0144] $0.014/side per 100 shares (minimum 400 shares; max- imum 7,500 shares) Automated Give-Up ...... $0.029/side [$0.01/side per 100 shares (minimum 400 shares; max- imum 7,500 shares)] Late Report—T+N ...... [$0.288]$0.30/side Browse/query ...... $0.28[8]/query * [Terminal fee ...... $57.00/month (ACT only terminals)] [CTCI fee ...... $575.00/month] [Nasdaq ACT ...... $300/month (full functionality) or $150/month (up to an average of twenty transactions per day each month) ** Trade Reporting ...... $.029/side (applicable only to reportable transaction not subject to trade comparison through TRACS [ACT])[ ***] ** [Risk Management Charges ...... $.035/side and $17.25/month per correspondent firm (maximum $10,000/month per correspondent firm)] Corrective Transaction Charge ...... $0.25/ Cancel, Error, Inhibit, Kill, or ‘No’ portion of No/Was trans- action, paid by reporting side; $0.25/ Break, Decline transaction, paid by each party; * Each ACT query incurs the $0.288 fee; however, the first accept or decline processed for a transaction is free, to insure that no more than $0.288 is charged per comparison. Subsequent queries for more data on the same security will also be processed free. Any subsequent query on a different security will incur the $0.288 query charge. [** For the purposes of this service only, a transaction is defined as an original trade entry, either on trade date or as-of transactions per month.] [***]** The trade reporting service charge is applicable to those trades input into ACT for reporting purposes only, such as NSCC Qualified Special Representative reports and reports of internalized transactions.
(b) Quotation Updates 7020. Equipment Related Charges additional comparable device where all devices are located on the same A member will be charged $0.01 per [(a)] The charge for using [Nasdaq] premises. quotation update in the ADF quotation ADF terminal software [equipment] (c) The charge for using interrogation montage on those quotation updates shall be [$120] $275 per month for [the or display devices and modems which that exceed three times the number of first] each terminal and $550 per month are not supplied by Nasdaq shall be $50 transactions executed or reported by the for each server. [$105 per month for per month for each such device located ADF member. A ‘‘quotation update’’ each additional terminal where all on the same premises. terminals are located on the same includes any change to the price or size (d) Nasdaq subscribers utilizing premises.] of a displayed quotation. This charge UNISYS or Tandem personal computers [(b) The charge for using interrogation will be determined on a monthly basis. (PCs) authorized for emulation of the or display devices which are not (h)–(j)—deleted Harris standard terminal may elect to supplied by Nasdaq, but which utilize a receive maintenance through Nasdaq at (k)—renumbered as (c) Nasdaq supplied modem, shall be $75 the rate of $55/PC/month.] (l)–(p)—deleted per month for the first comparable device and $55 per month for each [7030. Special Options]
[Receive only Printer ...... $100/month. Local Posting ...... Permits subscriber to use Nasdaq Level 3 terminals to enter quotations simulta- $10/month. neously into an internal computer system. Dual Keyboard ...... $15/month. Nasdaq Market Indexes ...... Permits vendor to process Nasdaq Level 1 and Last Sale data feeds solely for the $500/month. purpose of supplying subscribers with real-time calculations of Nasdaq market indexes. Non-Continuous Access to Nasdaq Level Permits vendor to process and distribute Nasdaq Level 1 and Last Sale informa- $.005/query. 1 and Last Sale Information. tion to its subscribers on a non-continuous or query-response basis..
3 NASD requested that the Commission make a than ‘‘Governors’’). Telephone conference between Stephanie M. Dumont, Associate General Counsel, technical correction in proposed NASD Rule 7100, John S. Polise, Senior Special Counsel, Division of Office of General Counsel, NASD Regulation Minor Modifications in Charges, with regard to an Market Regulation (‘‘Division’’), SEC, Christopher (February 28, 2002). improper reference to NASD ‘‘Directors’’ (rather B. Stone, Attorney Advisor, Division, SEC, and
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For a pilot period commencing April $333/hour For testing at all other (b) Funds included in the MFQS and 3, 2000 and lasting until March 30, times on business days, or on weekends pricing agents designated by such funds 2001. The fee for non continuous access and holidays. (‘‘Subscriber’’), shall be assessed a to Nasdaq level one and last sale (2) The foregoing fees shall not apply monthly fee of $75 for each logon information will be reduced to $.005 per to testing occasioned by: identification obtained by the query.] (A) new or enhanced services and/or Subscriber. A Subscriber may use a 7040. Installation, Removal, [or] software provided by ADF [NSMI] or logon identification to transmit to Relocation or Maintenance (B) modifications to software and/or Nasdaq pricing and other information services initiated by ADF [NSMI] in that the Subscriber agrees to provide to ADF subscribers shall pay a minimum response to a contingency. charge of $5,000 for installation costs Nasdaq.] associated with connecting to the ADF. 7060. Partial Month Charges—No 7100. Minor Modifications in Charges Upon installation, removal, relocation Change or maintenance of terminal and related 7070. Reserved [Subscriber Deposits] (a) To compensate for minor equipment, or combination thereof, the variations in annual net income, the subscriber shall pay charges incurred by [New and existing subscribers to Board of Directors of The [Nasdaq Stock the Association or its subsidiaries above Level 2/3 or Nasdaq Workstation service Market, Inc.] NASD may increase or the $5,000 minimum, on behalf of the shall be subject to the following deposit decrease the total charges in this subscriber for the work being performed charges per unit: Schedule by 10% from the base charges by the maintenance organization (a) New subscriber: (1) estimated telecommunications as adopted on [August 28, 1979] insert retained by Association or its provider charges for network adoption date upon filing such change subsidiaries. Upon payment of $5,000 infrastructure, connection and testing; with the Commission pursuant to under this provision, members will (2) two (2) months circuit charges; Section 19(b)(3) of the Act. receive a credit of up to $5,000 to be and (b) No Change. used toward their trade reporting and (3) estimated telecommunications * * * * * comparison charges imposed under provider disconnect charges. Rule 7010(a). (b) Existing subscribers subject to II. Self-Regulatory Organization’s 7050. Other Services subscriber deposits include those that Statement of the Purpose of, and have been placed on the termination list Statutory Basis for, the Proposed Rule (a) Daily Reports to Newspapers two or more times within a two year Change Reports for regular public release, period; those that have paid for services such as a list of closing quotations or with one or more NSF checks; and those In its filing with the Commission, the market summary information for that have had service disconnected for NASD included statements concerning newspaper publication, shall be non-payment but have not had the purpose of and the basis for the produced in a format acceptable to most equipment removed: proposed rule change and discussed any publishers without charge. Should such (1) two (2) months circuit charges; comments it received on the proposed information be transmitted to another and rule change. The text of these statements location at the request of any firm, a (2) estimated telecommunications may be examined at the places specified charge may be imposed for such provider disconnect charges.] in Item IV below. The NASD has prepared summaries, set forth in services by the Association or a 7080. Late Fees subsidiary. Sections A, B and C below, of the most (a) All charges imposed by the NASD significant aspects of such statements. (b) Other Requests for Data [The Nasdaq Stock Market, Inc.] that are past due 45 days or more will be subject A. Self-Regulatory Organization’s The Association or a subsidiary may to a late fee computed by taking the Statement of the Purpose of, and impose and collect compensatory summation of one and one-half percent Statutory Basis for, the Proposed Rule charges for data [Nasdaq] supplied upon Change (11⁄2%) of the amount past due for the request, where there is no provision first month plus one and one-half elsewhere in this Rule 7000 Series for 1. Purpose percent (11⁄2%) of the amount past due charges for such service or sale. for any month thereafter, compounded As described in detail in SR–NASD– (c) Correspondents by late fees assessed for previous 2001–90,4 the NASD intends to operate months. a trade reporting and comparison The charge for registration and (b) No Change. service as part of the ADF. The trade display of a correspondent firm for a reporting service would collect trade registered market maker shall be $3.50 [7090. Mutual Fund Quotation Service] reports for NASD registered market per month for each correspondent [(a) Funds included in the Mutual participants, as well as any NASD displayed per security. Fund Quotation Service (‘‘MFQS’’) shall member required to report transactions (d) Testing Services be assessed an annual fee of $400 per occurring otherwise than on an fund authorized for the News Media exchange. The service would transmit (1) Subscribers that conduct tests of Lists and $275 per fund authorized for the reports automatically to the their computer-to-computer (CTCI) or the Supplemental List. Funds respective Securities Information digital interface (DIS/CHIPS) with the authorized during the course of an Processors (‘‘SIPs’’), if required, for central processing facilities of annual billing period shall receive a dissemination to the public and the Alternative Display Facility [The Nasdaq proration of these fees but no credit or industry. This mechanism would Stock Market, Inc. (NSMI)] shall pay the refund shall accrue to funds terminated operate similarly to the trade reporting following charges: during an annual billing period. In functions of Nasdaq’s Automated $285/hour For CTCI/DIS/CHIPS addition, there shall be a one-time testing between 9:00 a.m. and 5:00 p.m. application processing fee of $250 for 4 See Exchange Act Release No. 45156 (December Eastern Time on business days; each new fund authorized. 14, 2001), 67 FR 388 (January 3, 2002).
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Confirmation Transactions Service reimbursement from members for quotation update in the ADF quotation (‘‘ACT’’).5 charges incurred by the NASD above montage. This quotation update fee, The ADF also will provide for trade $5,000 due to the installation, removal, however, will apply only to those comparison through the Trade relocation or maintenance of terminal quotation updates by the member in the Comparison and Reporting Service and related equipment. However, ADF that exceed three times the number (‘‘TRACS’’). TRACS will (1) compare market participants will receive a credit of transactions reported by the member trade information entered by TRACS of up to $5,000 toward their trade through the ADF. This quotation update participants and submit ‘‘locked-in’’ reporting and comparison charges. fee will be determined on a monthly trades to the Depository Trust Clearing In addition, the NASD will charge for basis. By imposing this fee only where Corporation (‘‘DTCC’’) for clearance and certain other services described in Rule the quotation updates significantly settlement; (2) transmit reports of the 7050(b) (requests for data), Rule 7050(c) exceed the number of transactions transactions automatically to the (registration and display of a reported, this fee structure will fairly respective SIPs, if required, for correspondent firm for a registered impose costs on those members whose dissemination to the public and the market maker) and Rule 7050(d) quotation activity creates system industry; and (3) provide participants (charges for subscribers that conduct capacity demands, and therefore costs with monitoring capabilities to facilitate tests of their computer-to-computer or that are not covered by a trade reporting participation in a ‘‘locked-in’’ trading digital interfaces). The NASD will not fee. environment. be offering modems, interrogation or 2. Statutory Basis In SR–NASD–2001–90, the NASD display devices and therefore is stated that the proposed fees or proposing to delete Rule 7020(b) The NASD believes that the proposed assessments related to the ADF would through (d). rule change is consistent with the be provided in a separate rule filing. The NASD is proposing to delete the provisions of Section 15A(b)(6) 7 of the Accordingly, the NASD now is following provisions that currently Act, which requires, among other proposing amendments to the Rule 7000 impose fees on members for access to things, that the Association’s rules be Series to provide for the fees and/or different levels of data services or designed to prevent fraudulent and assessments on quotation and special options: Rule 7010(a) through manipulative acts and practices, to transaction activities on the ADF. (f), Rule 7010(h), Rule 7030 and Rule promote just and equitable principles of Specifically, the NASD is proposing fees 7070. The NASD is proposing to delete trade, and, in general, to protect similar to those currently imposed on Rule 7010(i) (fees relating to transaction investors and the public interest. The transaction activities in ACT and execution services), Rule 7010(j) NASD believes that the proposed rule therefore, many of the amendments to (position charge for members that quote change will provide a cost effective and the rule text are the replacement of on the OTC Bulletin Board), Rule efficient mechanism to quote and report 7010(o) (Nasdaq Application of references to ‘‘ACT’’ with ‘‘TRACS.’’ trades on the ADF. The proposed rule OptiMark Service) and Rule 7090 The following are fees that will be change is also consistent with Section (Mutual Fund Quotation Service). As 8 charged relating to transactions on the 15A(b)(5) of the Act in that it provides noted in SR–NASD–2001–90, the ADF ADF and are similar to those currently for the equitable allocation of reasonable will not be providing any transaction imposed on activities in ACT: dues, fees and other charges among execution services and will not provide Comparison—$0.014/side per 100 members and issuers and other persons quotation services related to OTC shares (minimum 400 shares; maximum using any facility or system that the Bulletin Board securities or mutual 7,500 shares); Automated Give-Up— Association operates or controls. The funds. NASD believes that this fee structure is $0.029/side; Late Report—T+N—$0.30/ The NASD will not be imposing 6 a reasonable means for the NASD to side; Browse/query—$0.28/query ; Market Data Distributor or Vendor recover the development costs of the Trade Reporting—$.029/side (applicable Annual Administrative Fees and, ADF, as well as meet ongoing operating only to reportable transactions not therefore, is proposing to delete Rule costs. subject to trade comparison through 7010(l). The NASD will not be TRACS); and Corrective Transaction providing compliance data packages, B. Self-Regulatory Organization’s Charge—$0.25. The following historical research and administrative Statement on Burden on Competition transaction-related charges currently in reports and, therefore, is proposing to The NASD does not believe that the Rule 7010(g) will be deleted: Terminal delete Rule 7010(n) and Rule 7010(p). fee, CTCI fee, Nasdaq ACT and Risk proposed rule change will result in any Finally, NASD will not be providing an burden on competition that is not Management Charges. Automated Voice Response Service and The NASD proposes to charge an ADF necessary or appropriate in furtherance therefore, is proposing to delete Rule of the purposes of the Act. workstation fee of $275 per month for 7010(m). each ADF terminal software license and The proposed rule change also C. Self-Regulatory Organization’s $550 per month for each ADF server provides for several administrative Statement on Comments on the license. The NASD proposes to charge provisions that are identical to current Proposed Rule Change Received From members a minimum of $5,000 for rules, including partial month charges Members, Participants, or Others installation costs associated with (Rule 7060) and late charges for all fees Written comments were neither connecting to the ADF, and will require that are past due 45 days or more (Rule solicited nor received. 7080). The proposed rule change also 5 The NASD service would not perform risk permits the NASD to increase or III. Date of Effectiveness of the management services that are provided by Nasdaq’s Proposed Rule Change and Timing for ACT. decrease the total charges described in 6 Each TRACS query incurs the $0.28 fee; the Rule 7000 series by 10% upon filing Commission Action however, the first accept or decline processed for such changes with the SEC (Rule Within 35 days of the date of a transaction is free, such that no more than $0.28 7100(a)). The proposed rule change publication of this notice in the Federal is charged per comparison. Subsequent queries for more data on the same security also will be retains current Rule 7100(b). processed free. Any subsequent query on a different Finally, the NASD is proposing to 7 15 U.S.C. 78o–3(b)(6). security will incur the $0.28 query charge. charge a quotation update fee of $.01 per 8 15 U.S.C. 78o–3(b)(5).
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Register or within such longer period (i) SECURITIES AND EXCHANGE proposal.7 On February 11, 2002, as the Commission may designate up to COMMISSION Nasdaq filed Amendment No. 4 to the 90 days of such date if it finds such proposal.8 The Commission is longer period to be appropriate and [Release No. 34–45500; File No. SR–NASD– publishing this notice to solicit 00–82] publishes its reasons for so finding, or comments on the proposed rule change, as amended, from interested persons. (ii) as to which the NASD consents, the Self-Regulatory Organizations; Notice Commission will: of Filing of Amendment Nos. 1, 2, 3, I. Self-Regulatory Organization’s A. by order approve such proposed and 4 to a Proposed Rule Change by Statement of the Terms of Substance of rule change, or the National Association of Securities the Proposed Rule Change Dealers, Inc. Relating to the B. institute proceedings to determine In the original proposal, which was Assessment of Fees for Unit whether the proposed rule change published for comment in the February Investment Trusts Included in should be disapproved. 2001 Release, Nasdaq proposed to Nasdaq’s Mutual Fund Quotation amend NASD Rule 7090, ‘‘Mutual Fund IV. Solicitation of Comments Service Quotation Service,’’ to: (1) Revise NASD March 4, 2002. Rule 7090(a) to apply to UITs certain Interested persons are invited to annual and application fees that Pursuant to section 19(b)(1) of the submit written data, views, and currently apply to mutual funds; and (2) arguments concerning the foregoing, Securities Exchange Act of 1934 1 2 adopt NASD Rule 7090(b), which including whether the proposed rule (‘‘Act’’), and Rule 19b-4 thereunder, eliminated a one-time application fee if change is consistent with the Act. notice is hereby given that the National a UIT expires by its own terms during Persons making written submissions Association of Securities Dealers, Inc. an annual billing period and is replaced should file six copies thereof with the (‘‘NASD’’ or ‘‘Association’’), through its within three months by a trust that is Secretary, Securities and Exchange subsidiary, the Nasdaq Stock Market, materially similar in share class and Commission, 450 Fifth Street, NW, Inc. (‘‘Nasdaq’’) filed with the Securities trust objective. The proposed changes to and Exchange Commission (‘‘SEC’’ or Washington, DC 20549–0609. Copies of the original proposal, as published in ‘‘Commission’’) Amendment Nos. 1, 2, the submission, all subsequent the February 2001 Release, are below. 3, and 4 to the proposed rule change as amendments, all written statements Proposed additions are italicized and described in Items I, II, and III below, with respect to the proposed rule proposed deletions are placed in which Items have been prepared by [brackets]. change that are filed with the Nasdaq. The proposed rule change was * * * * * Commission, and all written published for comment in the Federal communications relating to the Register on February 20, 2001.3 The 7090. Mutual Fund Quotation Service proposed rule change between the Commission received one comment (a) No change. Commission and any person, other than letter regarding the proposed rule (a) If a Unit Investment Trust expires those that may be withheld from the change.4 On June 18, 2001, Nasdaq filed by its own terms during an annual public in accordance with the Amendment No. 1 to the proposal.5 On billing period and is replaced within provisions of 5 U.S.C. 552, will be June 26, 2001, Nasdaq filed Amendment three months by a trust that is materially available for inspection and copying in No. 2 to the proposal.6 On July 2, 2001, similar in [share class and trust] the Commission’s Public Reference Nasdaq filed Amendment No. 3 to the investment objective, the replacing trust Room. Copies of such filing will also be shall [not] be charged a one-time available for inspection and copying at 1 15 U.S.C. 78s(b)(1). application fee of $150. [In addition, the principal office of the NASD. All 2 17 CFR 240.19b–4. t]The replacing trust shall not be submissions should refer to File No. 3 See Securities Exchange Act Release No. 43915 SR–NASD–2002–28 and should be (February 1, 2001), 66 FR 10926 (‘‘February 2001 7 See letter from Mary M. Dunbar, Vice President, Release’’). Office of the General Counsel, Nasdaq, to Katherine submitted by April 1, 2002. 4 See letter from Barry E. Simmons, Associate A. England, Assistant Director, Division, For the Commission, by the Division of Counsel, Investment Company Institute (‘‘ICI’’), to Commission, dated June 29, 2001 (‘‘Amendment Jonathan G. Katz, Secretary, Commission, dated Market Regulation, pursuant to delegated No. 3’’). Amendment No. 3 replaces the text of March 13, 2001 (‘‘ICI Letter’’). NASD Rule 7090 provided in Amendment No. 2 9 authority. 5 See letter from Edward S. Knight, Executive with rule text that is designed to indicate more Jill M. Peterson, Vice President and General Counsel, Nasdaq, to clearly the way that Amendment No. 1 revises the Katherine A. England, Assistant Director, Division text of NASD Rule 7090 was amended by the Assistant Secretary. of Market Regulation (‘‘Division’’), Commission, original proposal. [FR Doc. 02–5683 Filed 3–8–02; 8:45 am] dated June 15, 2001 (‘‘Amendment No. 1’’). 8 See letter from Jeffrey S. Davis, Associate Amendment No. 1 revises the proposal to: (1) General Counsel, Nasdaq, to Katherine A. England, BILLING CODE 8010–01–P Establish a $150 fee for replacement Unit Assistant Director, Division, Commission, dated Investment Trusts (‘‘UITs’’); and (2) respond to the February 11, 2002 (‘‘Amendment No. 4’’). ICI’s comments by adopting the ICI’s suggested Amendment No. 4 provides a more detailed requirements for a replacement UIT. explanation of the need for the proposed fees. 6 See letter from Edward S. Knight , Vice Specifically, among other things, Amendment No. President and General Counsel, Nasdaq, to 4 states that the application fee supports the Katherine A. England, Assistant Director, Division, personnel who are required to review, record, and Commission, dated June 25, 2001 (‘‘Amendment enter each fund into the Mutual Fund Quotation No. 2’’). The rule test provided in Amendment No. Service (‘‘MFQS’’). In addition, Amendment No. 4 1 indicated the way that Amendment No. 1 revised states that the annual fee for the News Media Lists the text of current NASD Rule 7090 rather than the and the Supplemental List support the NASD’s way that Amendment No. 1 revised the text of continuous monitoring of funds’ compliance with NASD Rule 7090 as amended by the original the standards for inclusion in the MFQS, for proposal. Amendment No. 2 replaces the text of upgrading the technology used to collect and NASD Rule 7090 proposed in Amendment No. 1 disseminate the MFQS, and for responding to the with text designed to indicate the way that requests of users and subscribers for service Amendment No. 1 revises Nasdaq’s original enhancements. Amendment No. 4 also provides proposal rather than the existing text of NASD Rule additional information concerning the $150 9 17 CFR 200.30–3(a)(12). 7090. application fee for replacement UITs.
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charged an annual fee if the expiring nor do they have different classes of for replacement funds entirely, it is trust has already paid an annual fee for shares. The ICI recommended that economically constrained to offer only a that annual billing period. Nasdaq revise proposed NASD Rule $100 waiver. Nasdaq believes that the (c) No change. 7090(b) to state that ‘‘[i]f a UIT expires replacement fee constitutes an equitable * * * * * by its own terms during an annual allocation of fees among users of the billing period and is replaced within service. II. Self-Regulatory Organization’s three months by a trust that has a With regard to the need to assess fees Statement of the Purpose of, and materially similar investment objective, for including UITs in the MFQS, Nasdaq Statutory Basis for, the Proposed Rule the replacing trust shall not be charged states that the application fee supports Change a one-time application fee.’’ 12 the Fund Operations personnel who are In its filing with the Commission, In Amendment No. 1, Nasdaq revised required to review, record, and enter Nasdaq included statements concerning its proposal to: (1) adopt the each fund into the MFQS system for the purpose of, and basis for, the commenter’s suggested requirements for subsequent dissemination to electronic proposed rule change and discussed any the definition of a ‘‘materially similar’’ or print subscribers. Nasdaq states that comments it received on the proposed replacement trust; and (2) provide that, the annual fee for the News Media Lists rule change. The text of these statements instead of eliminating the one-time and the Supplemental List support the may be examined at the places specified application fee for a replacing trust, the NASD’s continuous monitoring of in Item IV below. Nasdaq has prepared replacing UIT would be charged a one- funds’ compliance with the standards summaries, set forth in Sections A, B, time application fee of $150. Thus, for inclusion in the MFQS, and for and C below, of the most significant NASD Rule 7090(b), as amended, responding to the requests of users and aspects of such statements. provides that if a UIT expires by its own subscribers for service enhancements. terms during an annual billing period Nasdaq notes that the NASD maintains A. Self-Regulatory Organization’s and is replaced within three months by a staff and dedicated technology to Statement of the Purpose of, and a trust that is materially similar in produce the MFQS, which provides Statutory Basis for, the Proposed Rule investment objective, the replacing trust transparency to investors and a valuable Change shall be charged a one-time application service to subscribers. Nasdaq believes 1. Purpose fee of $150. that the application and annual fees NASD Rule 7090 sets forth the fees With regard to the $150 one-time have for many years been part of an assessed for the inclusion of mutual application fee, Nasdaq states in equitable allocation of fees among users funds in the MFQS. In its original Amendment No. 1 that after submitting of the service because they are assessed proposal, Nasdaq proposed to: (1) its original proposal, Nasdaq received to subscribers in direct proportion to Revise NASD Rule 7090(a) to apply to new information indicating that the their usage of the service. number of UITs that would potentially UITs certain annual and application fees 2. Statutory Basis that currently apply to mutual funds; 9 qualify for the application fee waiver Nasdaq believes that the proposed and (2) adopt NASD Rule 7090(b), was substantially greater than first rule change is consistent with the which eliminated a one-time anticipated. Nasdaq states that, provisions of sections 15A(b)(6) 13 and application fee for a replacing trust if a recognizing the finite character of UITs, Section 11A 14 of the Act. Section UIT expires by its own terms during an Nasdaq had initially proposed to offer a 15A(b)(6) requires that the rules of a annual billing period and is replaced full fee waiver although the full fee itself only partially offsets the costs registered national securities association within three months by a trust that is Nasdaq incurs for processing each be designed to prevent fraudulent and materially similar in share class and application. In light of the increased manipulative acts and practices, to trust objective. The original proposal numbers of funds potentially eligible for promote just and equitable principals of was published for comment in the the fee waiver, Nasdaq states in trade, to foster cooperation and Federal Register on February 20, Amendment No. 1 that it is compelled coordination with persons engaged in 2001.10 The Commission received one to offer only a partial fee waiver, regulating, clearing, settling, processing comment letter regarding the reducing the waiver by $100. Thus, information with respect to, and proposal.11 Nasdaq proposes to impose a one-time facilitating transactions in securities, to The commenter supported Nasdaq’s application fee of $150 for replacement remove impediments to and perfect the proposal to accommodate the manner in UITs, rather than Nasdaq’s standard mechanism of a free and open market which UITs are offered, but $250 fee. and a national market system, and, in recommended a technical change to the In Amendment No. 4, Nasdaq general, to protect investors and the proposed rule to ensure that the fee provides additional reasons for public interest; and are not designed to assessment procedures for UITs operate assessing the proposed fees on UITs and permit unfair discrimination between appropriately. Specifically, the ICI discusses the need for the $150 customers, issuers, brokers, or dealers. recommended that Nasdaq eliminate the application fee for replacement trusts. In Section 11A(a)(1)(C), Congress found requirement in proposed NASD Rule With regard to the $150 application fee, that is in the public interest and 7090(b) that the replacement UIT be Nasdaq states after filing its original appropriate for the protection of similar in ‘‘share class’’ to the replacing proposal, it discovered two pertinent investors and the maintenance of fair UIT because UITs do not issue shares, facts: (1) That a significant number of and orderly markets to assure: (1) UITs would qualify as replacement Economically efficient execution of 9 Specifically, the original proposal revised NASD Rule 7090(a) to provide that UITs included in the UITs; and (2) that, despite their securities transactions; (2) fair MFQS shall be assessed an annual fee of $400 per similarity to the funds they replace, competition among brokers and dealers; trust authorized for the News Media Lists and $275 replacement UITs will require (3) the availability to brokers, dealers per trust authorized for the Supplemental List. In significant processing before entry into and investors of information with addition, NASD Rule 7090(a) imposes a one-time application processing fee of $250 for each new the MFQS. Nasdaq states that although respect to quotations and transactions in trust authorized. it had hoped to waive the application 10 See February 2001 Release, supra not 3. 13 15 U.S.C. 78o–3(b)(6). 11 See ICI Letter, supra note 4. 12 See ICI Letter, supra note 4. 14 15 U.S.C. 78k–1.
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securities; (4) the practicability of statements with respect to the proposed I. Self-Regulatory Organization’s brokers executing investors orders in the rule change that are filed with the Statement of the Terms of Substance of best market; and (5) an opportunity for Commission, and all written the Proposed Rule Change investors orders to be executed without communications relating to the Nasdaq proposes to extend through the participation of a dealer. proposed rule change between the April 15, 2002, the penny ($0.01) legal Nasdaq believes that the proposed Commission and any person, other than short sale standard contained in NASD rule change is consistent with the those that may be withheld from the Interpretative Material 3350 (‘‘IM– provisions of sections 15A(b)(6) and public in accordance with the 3350’’). Without such an extension this 11A(a)(1)(C) of the Act because the provisions of 5 U.S.C. 552, will be standard would terminate on March 1, proposal protects investors and the available for inspection and copying in 2002. Nasdaq does not propose to make public interest by promoting better the Commission’s Public Reference any substantive changes to the pilot; the processing of price information in UITs. Room. Copies of such filing will also be only change is an extension of the Nasdaq believes that the proposed available for inspection and copying at pilot’s expiration date through April 15, listing fees will encourage the listing of the principal office of the NASD. 2002. Nasdaq requests that the UITs, thereby providing greater pricing All submissions should refer to File Commission waive both the 5-day information for a broader base of No. SR–NASD–00–82 and should be notice and 30-day pre-operative investments for which there is submitted by April 1, 2002. requirements contained in Rule 19b– significant investor interest. Nasdaq also 5 For the Commission, by the Division of 4(f)(6)(iii) of the Act. If such waivers believes that the proposed listing fees are granted by the Commission, Nasdaq will enable Nasdaq to identify, screen Market Regulation, pursuant to delegated authority.15 will implement this rule change and list bona fide UITs with a immediately. meaningful investor base and trading Jill M. Peterson, interest. Assistant Secretary. II. Self-Regulatory Organization’s [FR Doc. 02–5684 Filed 3–8–02; 8:45 am] Statement of the Purpose of, and B. Self-Regulatory Organization’s BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule Statement on Burden on Competition Change Nasdaq does not believe that the In its filing with the Commission, SECURITIES AND EXCHANGE proposed rule change will result in any Nasdaq included statements concerning COMMISSION burden on competition. the purpose of and basis for its proposal C. Self-Regulatory Organization’s and discussed any comments it received [Release No. 34–45504 ; File No. SR–NASD– regarding the proposal. The text of these Statement on Comments on the 2002–30] Proposed Rule Change Received From statements may be examined at the places specified in Item IV below. Members, Participants, or Others Self-Regulatory Organizations; Notice Nasdaq has prepared summaries, set of Filing and Immediate Effectiveness Nasdaq has neither solicited nor forth in Sections A, B and C below, of of Proposed Rule Change By the received written comments on the the most significant aspects of such National Association of Securities proposed rule change. statements. Dealers, Inc., To Extend the Pilot for III. Date of Effectiveness of the the Operation of the Short Sale Rule in A. Self-Regulatory Organization’s Proposed Rule Change and Timing for a Decimals Environment Statement of the Purpose of, and Commission Action Statutory Basis for, the Proposed Rule Within 35 days of the date of March 5, 2002. Change publication of this notice in the Federal Pursuant to section 19(b)(1) of the 1. Purpose Register or within such longer period (i) Securities Exchange Act of 1934 as the Commission may designate up to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 On March 2, 2001, the Commission 90 days of such date if it finds such notice is hereby given that on March 1, approved, on a one-year pilot basis longer period to be appropriate and 2002, the National Association of ending March 1, 2002,6 Nasdaq’s publishes its reasons for so finding or Securities Dealers, Inc. (‘‘NASD’’ or proposal to establish a $0.01 above the (ii) as to which the NASD consents, the ‘‘Association’’), through its subsidiary, bid standard for legal short sales in Commission will: the Nasdaq Stock Market, Inc. Nasdaq National Market securities as (A) By order approve such proposed (‘‘Nasdaq’’), filed with the Securities part of the Decimals Implementation rule change, or and Exchange Commission Plan for the Equities and Options (B) Institute proceedings to determine (‘‘Commission’’) the proposed rule Markets. Nasdaq now proposes to whether the proposed rule change change as described in Items I, II and III extend, through April 15, 2002, that should be disapproved. below, which Items have been prepared pilot program. Extension until April 15th, will allow the termination date of IV. Solicitation of Comments by Nasdaq. Nasdaq filed the proposal pursuant to section 19(b)(3)(A) of the the short sale pilot to coincide with the Interested persons are invited to Act,3 and Rule 19b–4(f)(6) 4 thereunder, termination date of Nasdaq’s decimal- submit written data, views and which renders the proposal effective related Manning customer limit order arguments concerning Amendment Nos. upon filing with the Commission. The protection pilot and the termination 1, 2, 3, and 4, including whether the Commission is publishing this notice to date set by the Commission for all amendments are consistent with the solicit comments on the proposed rule decimal-related pilot programs.7 If Act. Persons making written change from interested persons. submissions should file six copies 5 17 CFR 240.19b–4(f)(6)(iii). 6 Securities Exchange Act Release No. 44030 thereof with the Secretary, Securities 15 17 CFR 200.30–2(a)(12). (March 2, 2001), 66 FR 14235 (March 9, 2001). and Exchange Commission, 450 Fifth 1 15 U.S.C. 78s(b)(1). 7 Nasdaq recently filed with the Commission to Street, NW., Washington, DC 20549– 2 17 CFR 240.19b–4. obtain permanent approval of the penny short sale 0609. Copies of the submission, all 3 15 U.S.C. 78s(b)(3)(A). rule. (See SR–NASD 2002–09). Please note that subsequent amendments, all written 4 17 CFR 240.19b–4(f)(6). Nasdaq incorrectly stated in that filing that it had
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approved, Nasdaq would continue At any time within 60 days of the filing For the Commission, by the Division of during the pilot period to require NASD of the proposed rule change, the Market Regulation, pursuant to delegated 13 members seeking to effect ‘‘legal’’ short Commission may summarily abrogate authority. sales when the current best (inside) bid such rule change if it appears to the Jill M. Peterson, displayed by Nasdaq is lower that the Commission that such action is Assistant Secretary. previous bid, to execute those short necessary or appropriate in the public [FR Doc. 02–5780 Filed 3–8–02; 8:45 am] sales at a price that is at least $0.01 interest, for the protection of investors, BILLING CODE 8010–01–U above the current inside bid in that or otherwise in furtherance of the security. Nasdaq believes that purposes of the Act. continuation of this pilot standard SECURITIES AND EXCHANGE Nasdaq has requested the Commission appropriately takes into account the COMMISSION waive both the 5-day notice and 30-day important investor protections provided pre-operative requirements contained in [Release No. 34–45506; File No. SR–NASD– by the short sale rule and the ongoing 11 2002–18] relationship of the valid short sale price Rule 19b–4(f)(6) and has requested amount to the minimum quotation that the Commission accelerate the Self Regulatory Organizations; Notice increment of the Nasdaq market operative date. The Commission finds of Filing of a Proposed Rule Change by (currently also $0.01). good cause to waive both the 5-day the National Association of Securities notice and 30-day pre-operative Dealers, Inc., Relating to Member 2. Statutory Basis requirements because the extension of Transaction Fees Nasdaq believes that the proposed the pilot is consistent with the rule change is consistent with the protection of investors and the public March 5, 2002. provisions of section 15A(b)(6) of the interest. Acceleration of the operative Pursuant to section 19(b)(1) of the Act 8 in that it is designed to: (1) date will allow the pilot to continue Securities Exchange Act of 1934 Promote just and equitable principles of uninterrupted through April 15, 2002, (‘‘Act’’),1 and Rule 19b4 thereunder,2 trade; (2) foster cooperation and the deadline for which self-regulatory notice is hereby given that on February coordination with persons engaged in organizations must file proposed rule 5, 2002, the National Association of regulating, clearing, settling, processing changes to set the minimum price Securities Dealers, Inc. (‘‘NASD’’) information with respect to and variation for quoting in a decimals through its subsidiary, The Nasdaq facilitating transactions in securities; (3) environment. For these reasons, the Stock Market, Inc. (‘‘Nasdaq’’) filed with perfect the mechanism of a free and Commission finds good cause to waive the Securities and Exchange open market and a national market both the 5-day notice and 30-day pre- Commission (‘‘SEC’’ or ‘‘Commission’’) system; and (4) protect investors and the operative requirements.12 the proposed rule change as described public interest. in Items I, II, and III below, which Items IV. Solicitation of Comments have been prepared by Nasdaq. The B. Self-Regulatory Organization’s Commission is publishing this notice to Interested persons are invited to Statement on Burden on Competition solicit comments on the proposed rule submit written data, views, and Nasdaq does not believe that the change, as amended, from interested arguments concerning the foregoing, proposed rule change will impose any persons. inappropriate burden on competition. including whether the proposal is consistent with the Act. Persons making I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s written submissions should file six Statement of the Terms of Substance of Statement on Comments on the copies thereof with the Secretary, the Proposed Rule Change Proposed Rule Change Received From Securities and Exchange Commission, In order to encourage NASD members Members, Participants or Others 450 Fifth Street, NW., Washington, DC to report their trades through Nasdaq, Written comments were neither 20549–0609. Copies of the submission, Nasdaq is proposing to charge lower solicited nor received. all subsequent amendments, all written transaction fees to market participants statements with respect to the proposed that use Nasdaq as their market of III. Date of Effectiveness of the rule change that are filed with the choice for trade reporting, while Proposed Rule Change and Timing for Commission, and all written charging higher fees to market Commission Action communications relating to the participants that avail themselves of Because the foregoing proposed rule proposed rule change between the Nasdaq’s quotation montage or make change does not: Commission and any person, other than limited use of its transaction execution (i) Significantly affect the protection those that may be withheld from the systems but elect to report trades of investors or the public interest; public in accordance with the through other facilities.3 Nasdaq (ii) Impose any significant burden on provisions of 5 U.S.C. 552, will be competition; and available for inspection and copying in 13 17 CFR 200.30–3(a)(12). (iii) Become operative for 30 days the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). from the date on which it was filed, or Room. Copies of such filing will also be 2 17 CFR 240.19b4. such shorter time as the Commission available for inspection and copying at 3 Nasdaq believes that this proposed rule change may designate if consistent with the the principal office of Nasdaq. All establishes or changes a due, fee, or other charge protection of investors and the public imposed by a self-regulatory organization and submissions should refer to file number conceivably could be designated as immediately interest, it has become effective SR–NASD–2002–30 and should be effective under Section 19(b)(3)(A) of the Act, 15 pursuant to section 19(b)(3)(A) of the submitted by April 1, 2002. U.S.C. 78s(b)(3)(A). After discussions with Act 9 and Rule 19b-4(f)(6) thereunder.10 Commission staff, Nasdaq determined that the proposed rule change should be filed under Section 11 Id. 19(b)(2), 15 U.S.C. 78s(b)(2), to provide an filed to extend the short sale pilot until April 15, 12 For purposes only of accelerating the operative opportunity for a more extensive comment process. 2002. date of this proposal, the Commission has If the Commission approves this filing, however, 8 15 U.S.C. 78o–3(b)(6). considered the proposed rule’s impact on Nasdaq reserves the right to file future 9 15 U.S.C. 78s(b)(3)(A). efficiency, competition, and capital formation. 15 modifications to the pricing structure proposed 10 17 CFR 240.19b–4(f)(6). U.S.C. 78c(f). Continued
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requests that the Commission approve represented by trades in Eligible in the preceding month. Nasdaq will the proposal as an amendment to certain Securities that the member reports in request that a member submit data provisions of Nasdaq’s pricing structure accordance with NASD trade reporting demonstrating that it satisfies the that are currently in effect on a pilot rules to ACT by the total number of definition of a Full Contribution basis until October 31, 2002, with the shares represented by all trades in Member if Nasdaq needs such data to proposal taking effect on the first day of Eligible Securities reported to ACT by determine whether a member is a Full the month immediately following NASD members. Contribution Member. Nasdaq will deem approval by the Commission.4 The text (iv) ‘‘Nasdaq UTP Plan’’ shall mean a member that fails to submit such data of the proposed rule change is set forth the Joint Self-Regulatory Plan Governing upon request to be a Partial below. Proposed new language is in the Collection, Consolidation and Contribution Member. italics; proposed deletions are in Dissemination of Quotation and b. ‘‘Partial Contribution Member’’ brackets. Transaction Information for Nasdaq- shall mean an NASD member whose * * * * * Listed Securities Traded on Exchanges Reporting Percentage was less than 95% on an Unlisted Trading Privilege Basis. in the preceding calendar month. 7010. System Services (b)–(h) No change. c. ‘‘Reporting Percentage’’ shall mean (a)(1) No change. (i) Transaction Execution Services the average of: (2) Market Data Revenue Sharing (1) No change. (I) the percentage derived from (A) For a pilot period lasting until (2) Nasdaq National Market Execution dividing the total number of trades in October 31, 2002, [NASD members] Full System (SuperSoes) 5 Eligible Securities (as defined in NASD Contribution Members (as defined in (A) The following charges shall apply Rule 7010(a)(2)(B)) that a member Rule 7010(i)(2)) shall receive a market to the use of the Nasdaq National reports in accordance with NASD trade data revenue sharing credit. The total Market Execution System: reporting rules to the Automated credit shall be calculated in accordance Order Entry Charge—$0.10 per order Confirmation Transaction Service with the following formula: entry (entering party only) (‘‘ACT’’) by the total number of trades Credit = (0.80) × (Eligible Revenue) × Per Share Charge—$0.001 per share in Eligible Securities that such member (Member’s Volume Percentage) executed for all fully or partially reports to all self-regulatory (B) Definitions. The following executed orders (entering party only) organizations and securities information definitions shall apply to this Rule: Cancellation Fee—$0.25 per order processors, and (i) ‘‘Eligible Revenue’’ shall mean: cancelled (canceling party only) (II) the percentage derived from dividing the total number of shares a. The portion of the net distributable (B)(i) For a pilot period [commencing represented by trades in Eligible revenues that Nasdaq, through the on November 1, 2001 and] lasting until Securities that such member reports in NASD, is eligible to receive under the October 31, 2002, the per share charge accordance with NASD trade reporting Nasdaq UTP Plan, that is attributed to will be [$0.002 per share executed for rules to ACT by the total number of the Nasdaq Level 1 Service for Eligible all fully or partially executed orders shares represented by all trades in Securities, minus (entering party only).] determined as b. The portion of the fee charged to Eligible Securities that such member follows: Nasdaq by NASD Regulation, Inc. for reports to all self-regulatory regulatory services allocated to the Full Contribution Members: $0.002 per organizations and securities information Nasdaq Level 1 Service for Eligible share executed for all fully or partially processors. Securities. executed orders (entering party only) If Nasdaq determines that a member (ii) ‘‘Eligible Securities’’ shall mean Partial Contribution Members: $0.0025 is causing a significant percentage of all Nasdaq National Market securities per share executed for all fully or trades to be reported through an affiliate and any other security that meets the partially executed orders (entering primarily for the purpose of maintaining definition of ‘‘Eligible Security’’ in the party only) its Reporting Percentage above 95%, Nasdaq UTP Plan. (ii) Definitions. The following Nasdaq will consider trades reported (iii) ‘‘Member’s Volume Percentage’’ definitions shall apply to this Rule: through such affiliate to be trades shall mean the average of: a. ‘‘Full Contribution Member’’ shall reported by the member for purposes of a. The percentage derived from mean an NASD member whose calculating the Reporting Percentage. dividing the total number of trades in Reporting Percentage was at least 95% (3)–(4) No change. Eligible Securities that the member (5) Quotation Updates reports in accordance with NASD trade 5 In Securities Exchange Act Release No. 44391 (A) Except as provided in reporting rules to the Automated (Oct. 12, 2001), 66 FR 53276 (Oct. 19, 2001) (SR– subparagraph (B), for a pilot period Confirmation Transaction Service NASD–2001–72), Nasdaq has proposed amending [commencing on February 1, 2002 and] NASD Rule 7010(i)(2) to include a definition of lasting until October 31, 2002, a fee of (‘‘ACT’’) by the total number of trades ‘‘Participating UTP Exchange’’ and to set the price in Eligible Securities reported to ACT by for trade executions through the NNMS by $0.01 per quotation update will be NASD members, and Participating UTP Exchanges at $0.003 per share. charged to [NASD members] Full b. The percentage derived from Nasdaq proposed to define ‘‘Participating UTP Contribution Members that post dividing the total number of shares Exchange’’ as any registered national securities quotations in the Nasdaq quotation exchange that has unlisted trading privileges (a ‘‘UTP Exchange’’) in Nasdaq-listed securities montage, and a fee of $0.02 per herein under Section 19(b)(3)(A). See discussion pursuant to the Joint Self-Regulatory Plan quotation update will be charged to infra at n.8. Governing the Collection, Consolidation, and Partial Contribution Members that post 4 It should be noted that Nasdaq will file a new Dissemination of Quotation and Transaction quotations in the Nasdaq quotation pricing structure for its SuperMontage system, Information for Nasdaq-Listed Securities Traded on which is expected to become operational later this an Unlisted Trading Privilege Basis (the ‘‘Nasdaq montage. A ‘‘quotation update’’ year, and that the new pricing structure will replace UTP Plan’’ or the ‘‘Plan’’) and that elects to includes any change to the price or size the current pricing structure for the Nasdaq participate in the NNMS. Nasdaq represents that of a displayed quotation or reserve size. National Market Execution System (the ‘‘NNMS’’ or depending on the order in which SR–NASD–2001– (B) A quotation update fee will not be ‘‘SuperSOES’’) and SelectNet systems, including 72 and this filing are approved, it will submit pricing pilots that are in effect. Certain aspects of conforming amendments either to SR–NASD–2001– charged for a change in the displayed the new pricing structure, however, may resemble 72 or to this filing to reflect the approval of the quotation or reserve size that is the current structure. other filing. performed automatically by the Nasdaq
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National Market Execution System market.8 On November 29, 2001, after controls, is controlled by, or is under (‘‘NNMS’’) when an execution against discussions with Commission staff, common control with a member) the quotation occurs (other than a Nasdaq withdrew SR–NASD–2001–71 primarily for the purpose of maintaining change performed by the ‘‘Autoquote prior to the date scheduled for its its Reporting Percentage above 95%, Refresh’’ functionality of the NNMS, for implementation, December 1, 2001, to Nasdaq will consider trades reported which a fee will be assessed). allow Nasdaq to make adjustments to through such affiliate to be trades (j)–(p) No change. the mechanism for market data revenue reported by the member for purposes of sharing and the quotation update calculating the Reporting Percentage. * * * * * charge, and to provide interested This flexibility in the application of the II. Self-Regulatory Organization’s persons with a greater opportunity to rule is necessary to ensure that a Statement of the Purpose of, and comment on aspects of the proposal member does not evade the intent of the Statutory Basis for, the Proposed Rule concerning differentiation among rule by conducting non-Nasdaq business Change members. On December 27, 2001, through an affiliate while retaining its Nasdaq refiled a proposal to introduce own status as a Full Contribution In its filing with the Commission, a quote update fee and market data Member for the business that it does Nasdaq included statements concerning revenue sharing program.9 conduct through Nasdaq. the purpose of, and basis for, the In this filing, Nasdaq is offering The per share charge for the execution proposed rule change and discussed any incentives to market participants that of orders in the NNMS will remain comments it received on the proposed support Nasdaq operations through $0.002 per share for Full Contribution rule change. The text of these statements trade reporting. The proposal delineates Members, while Partial Contribution may be examined at the places specified two types of members. A ‘‘Full Members will pay $0.0025 per share.11 in Item IV below. Nasdaq has prepared Contribution Member’’ is defined as an Nasdaq’s new quotation update fee, summaries, set forth in Sections A, B, NASD member that reports at least 95% which went into effect on February 1, and C below, of the most significant of the trades that it reports through the 2002, will remain $0.01 per quotation aspects of such statements. Automated Confirmation Transaction update for Full Contribution Members System (‘‘ACT’’), Nasdaq’s trade but will be increased to $0.02 per A. Self-Regulatory Organization’s reporting system, either directly or as a update for Partial Contribution Statement of the Purpose of, and result of an execution through a Nasdaq Members.12 Finally, Nasdaq’s new Statutory Basis for, the Proposed Rule transaction execution system. The market data revenue sharing program, Change percentage would be measured with which also went into effect on February 1. Purpose reference to both the total number of 1, 2002, will be modified to make it trades and the total number of shares available only to Full Contribution On September 28, 2001, Nasdaq filed represented by those trades. All other Members. proposed rule changes to make NASD members will be considered Nasdaq represents that it is proposing modifications to the pricing structure ‘‘Partial Contribution Members’’ under these changes to its pricing structure in for the NNMS and SelectNet service.6 the proposal. order to meet the competitive challenges Nasdaq designed these changes as an A member’s status will be evaluated posed by UTP Exchanges. From 1986 interim modification to begin the on a monthly basis, with reference to until 1999, only the Chicago Stock process of aligning the charges to market trade reporting activity during the Exchange, Inc. (‘‘CHX’’) traded Nasdaq- participants for using the NNMS and preceding month. Nasdaq will request listed securities pursuant to the Nasdaq SelectNet more closely with the costs of that a member submit data UTP Plan, and only on a very limited providing these services and the demonstrating that it satisfies the scale. In late 1999 and early 2000, benefits that they provide to market definition of a Full Contribution however, trading volumes in Nasdaq participants. On October 4, 2001, Member if it needs such data to securities expanded dramatically. As a Nasdaq filed additional rule changes to determine the status of a particular result, five additional exchanges—the increase the per share charge for use of member, and will deem a member that Cincinnati Stock Exchange, Inc. the NNMS and introduce a liquidity fails to submit such data upon request (‘‘CSE’’), the Philadelphia Stock provider rebate for NASD members.7 to be a Partial Contribution Member.10 Exchange, Inc. (‘‘Phlx’’), the Pacific On October 9, 2001, Nasdaq filed a In addition, if Nasdaq determines that a Exchange, Inc. (‘‘PCX’’), the American proposed rule change—SR–NASD– member is causing a significant Stock Exchange LLC (‘‘AMEX’’), and the 2001–71—to introduce a mechanism for percentage of trades to be reported Boston Stock Exchange, Inc. (‘‘BSE’’)— sharing market data revenue with NASD through an affiliate (i.e. a person that have commenced, or announced their members, to introduce a quotation intention to commence, trading of update charge, and to modify the fees 8 See Securities Exchange Act Release No. 44918 for use of the NNMS and the liquidity (Oct. 10, 2001), 66 FR 52814 (Oct. 17, 2001) (SR– 11 In SR–NASD–2001–72, Nasdaq proposed NASD–2001–71). Nasdaq withdrew SR–NASD– amending NASD Rule 7010(i)(2) to provide that provider rebate in order to calibrate the 2001–71 by letter dated November 29, 2001. Also Participating UTP Exchanges will pay $0.003 per level of fees and rebates to the on October 9, 2001, Nasdaq filed a proposed rule share for NNMS executions. Nasdaq proposed to contributions that types of members change to increase the per share charge payable by define a ‘‘Participating UTP Exchange’’ as any UTP make to the support of the Nasdaq UTP Exchanges that use the NNMS. See Securities Exchange that elects to participate in the NNMS. Exchange Act Release No. 44391 (Oct 12, 2001), 66 Other UTP Exchanges access the Nasdaq market FR 53276 (Oct. 19, 2001) (SR–NASD–2001–72). through telephone linkages and therefore are not 6 See Securities Exchange Act Release No. 44899 9 See Securities Exchange Act Release No. 45342 assessed charges for the use of Nasdaq transaction (Oct. 2, 2001), 66 FR 51707 (Oct. 10, 2001) (SR– (Jan. 28, 2002), 67 FR 5109 (Feb. 1, 2002) (SR– execution systems. Depending on the order in NASD–2001–63); Securities Exchange Act Release NASD–2001–96). The proposal was effective upon which SR–NASD–2001–72 and this filing are No. 44898 (Oct. 2, 2001), 66 FR 51703 (Oct. 10, filing and was implemented on February 1, 2002. approved, Nasdaq will submit conforming 2001) (SR–NASD–2001–64). 10 To eliminate any administrative burdens amendments either to SR–NASD–2001–72 or to this 7 See Securities Exchange Act Release No. 44914 associated with verification of a member’s status, a filing to reflect the approval of the other filing. (Oct. 9, 2001), 66 FR 52649 (Oct. 16, 2001) (SR– member could authorize the NASD to certify its 12 However, quote updates that are performed NASD–2001–68); Securities Exchange Act Release status to Nasdaq on the basis of Order Audit Trail automatically by SuperSOES as the result of trade No. 44910 (Oct. 5, 2001), 66 FR 52167 (Oct. 12, System (‘‘OATS’’) data. Nasdaq, however, would executions would continue to be free for all 2001) (SR–NASD–2001–67). not have access to the member’s OATS data. members.
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Nasdaq-listed securities pursuant to 2. Statutory Basis not result in the member paying unlisted trading privileges. Moreover, Nasdaq believes that the proposed unreasonably high fees for the services some UTP Exchanges are aggressively rule change is consistent with the Act, that it does obtain from Nasdaq. pursuing the trade reporting revenue including section 15A(b)(5) of the Act,13 B. Self-Regulatory Organization’s associated with internalized trades and which requires that the rules of the Statement on Burden on Competition trades conducted through the facilities NASD provide for the equitable Nasdaq does not believe that the of electronic communications networks. allocation of reasonable fees, dues, and proposed rule change will impose any Nasdaq has every intention of being an other charges among members and burden on competition that is not active participant in the competition for issuers and other persons using any necessary or appropriate in furtherance trade execution and reporting. facility or system which the NASD of the purposes of the Act. Nasdaq operates or controls, and section Nasdaq represents that self-regulatory believes that the proposal is designed as 15A(b)(6) of the Act,14 which requires organization pricing structures routinely a reasonable response to the competitive rules that are not designed to permit distinguish among members on the basis challenges posed by UTP Exchanges. of level of usage of a particular system. unfair discrimination between customers, issuers, brokers or dealers. In UTP Exchanges are actively seeking to For example, Nasdaq’s current pricing encourage market participants to report for liability orders executed through its Nasdaq’s view, these provisions require Nasdaq to establish prices that provide trades in Nasdaq securities through their SelectNet service charges $0.90 per facilities. In order to remain order for the first 25,000 orders that a similar treatment to similarly situated members; they do not require Nasdaq to competitive, Nasdaq believes that it member executes during a month, but must create incentives for market only $0.60 for the next 25,000, and provide identical treatment to all market participants without regard to their level participants to report trades through $0.10 for the next 200,000, with all Nasdaq. remaining orders being free. Thus, a of participation in the market. As the Commission has noted in the member that conducts a great deal of C. Self-Regulatory Organization’s context of another self-regulatory business through SelectNet will pay a Statement on Comments on the organization’s fees, the Act ‘‘prohibits lower per order charge than a member Proposed Rule Change Received From ‘unfair discrimination,’ not Members, Participants, or Others that conducts relatively little business. ‘discrimination’ simpliciter * * *’’ .15 Similarly, the distinction between Nasdaq believes that the proposed fee The Commission received a number Full Contribution Members and Partial structure distinguishes among market of comment letters that referenced SR– Contribution Members recognizes that participants in order to reward those NASD–2001–71, a proposed rule change although most members are well- who do the most to finance market that contained a proposal similar to the integrated into Nasdaq’s market innovations such as SuperSOES and proposal contained in this filing but that structure and would therefore be who contribute the most to the liquidity was withdrawn prior to its considered Full Contribution Members, and efficient operation of Nasdaq’s implementation. SR–NASD–2001–71 other members may choose not to use market, while imposing higher fees on was withdrawn for the specific purpose Nasdaq as their market of first choice for market participants that receive the of allowing interested persons a greater trade reporting. For example, a member benefits of posting quotations on Nasdaq opportunity to comment on the proposal may use Nasdaq’s quotation montage to systems but pay relatively little to in isolation from other changes to advertise available liquidity, but the support the operation of those systems. Nasdaq’s pricing structure that were quote may be accessed through non- Thus, the economic incentives filed with SR–NASD–2001–71 and in Nasdaq systems and reported to a UTP embodied by the new fee structure are other contemporaneous filings relating to Nasdaq fees. Accordingly, Nasdaq Exchange. Nasdaq believes that it must designed to promote behavior that proposes to respond to any written ensure that the capacity of its quotation benefits both the market structure that comments received on the proposed engine is adequate to support the Nasdaq offers to investors and Nasdaq rule change contained herein after the member’s quotation activity and it must as a business. As another self-regulatory proposed rule change has been finance the regulatory infrastructure that organization noted when it established published for comment and the oversees the member’s activities on a credit available only to certain of its comment period has expired. Nasdaq Nasdaq and the market in general, but market participants, ‘‘measures * * * did not solicit or receive written it would receive proportionately less designed to promote and encourage comments on the proposed rule change revenue from the member than from a certain behaviors and/or discourage contained herein. comparable member that reported trades others * * * [are] an appropriate, 16 through ACT. Accordingly, when a nondiscriminatory business strategy.’’ III. Date of Effectiveness of the Moreover, Nasdaq believes that the Partial Contribution Member chooses to Proposed Rule Change and Timing for level of fees charged to market use Nasdaq systems for quotation or Commission Action participants under the proposal is trade execution, Nasdaq believes that it reasonable. By definition, a Partial Within 35 days of the date of should be permitted to assess a higher Contribution Member will make less use publication of this notice in the Federal charge than it does on a Full of Nasdaq systems than a Full Register or within such longer period (i) Contribution Member. The distinction Contribution Member. Accordingly, as the Commission may designate up to between types of members is assessing higher fees on the former will 90 days of such date if it finds such comparable to any other pricing longer period to be appropriate and structure that offers lower prices to 13 15 U.S.C. 78o–3(b)(5). publishes its reasons for so finding or regular users of a service but charges 14 15 U.S.C. 78o–3(b)(6). (ii) as to which the NASD consents, the higher prices to less regular users. 15 Securities Exchange Act Release No. 37250 Commission will: Unlike a system of volume-based (May 29, 1996), 61 FR 28629 (June 5, 1996) (SR– (A) By order approve such proposed discounts, however, the proposal would CBOE–96–23) (quoting Timpinaro v. SEC, 2 F.3d rule change, or 453, 456 (D.C. Cir. 1993)). not disadvantage small firms that report 16 Securities Exchange Act Release No. 44292 (B) Institute proceedings to determine most of their trades through Nasdaq but (May 11, 2001), 66 FR 27715 (May 18, 2001) (SR– whether the proposed rule change do not achieve a high volume. Phlx–2001–49). should be disapproved.
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IV. Solicitation of Comments the proposed rule change as described National Market (‘‘NNM’’) securities on Interested persons are invited to in Items I and II below, which Items an eighteen-month pilot basis through 3 submit written data, views, and have been prepared by Nasdaq. The March 5, 1996. The NASD and the arguments concerning the foregoing, Commission is publishing this notice to Commission have extended Rule 3350 including whether the proposed rule solicit comments on the proposed rule numerous times, most recently, until change is consistent with the Act. change from interested persons. March 1, 2002. Rule 3350 employs a ‘‘bid’’ test rather than a tick test because Persons making written submissions I. Self-Regulatory Organization’s should file six copies thereof with the Nasdaq trades are not necessarily Statement of the Terms of Substance of reported to the tape in chronological Secretary, Securities and Exchange the Proposed Rule Change Commission, 450 Fifth Street, NW., order. The Rule prohibits short sales at Nasdaq is proposing to extend the Washington, DC 20549–0609. Copies of or below the inside bid when the pilot program of the NASD short sale the submission, all subsequent current inside bid is below the previous rule (‘‘Rule 3350’’) from March 1, 2002 amendments, all written statements inside bid. Nasdaq calculates the inside until December 15, 2002. Nasdaq is also with respect to the proposed rule bid from all market makers in the seeking to continue the suspension of security (including bids for exchanges change that are filed with the the effectiveness of the Primary Market trading Nasdaq securities on an unlisted Commission, and all written Maker (‘‘PMM’’) standards currently set trading privileges basis), and communications relating to the forth in NASD Rule 4162 also from disseminates symbols to denote whether proposed rule change between the March 1, 2002 until December 15, 2002. the current inside bid is an ‘‘up-bid’’ or Commission and any person, other than The text of the proposed rule change is a ‘‘down-bid.’’ To effect a ‘‘legal’’ short those that may be withheld from the as follows. Additions are italicized; sale on a down-bid, the short sale must public in accordance with the deletions are bracketed. be executed at a price at least $.01 above provisions of 5 U.S.C. 552, will be the current inside bid. Rule 3350 is in available for inspection and copying at NASD Rule 3350 effect from 9:30 a.m. until 4 p.m. each the Commission’s Public Reference * * * * * trading day. Room. Copies of such filing will also be (l) This section shall be in effect until To reduce the compliance burdens on available for inspection and copying at December 15, 2002 [March 1, 2002]. its members, Rule 3350 also the principal office of the NASD. All incorporates seven exemptions II. Self-Regulatory Organization’s submissions should refer to File No. contained in Rule 10a–1 under the Act, Statement of the Purpose of, and SR–NASD–2002–18 and should be that are relevant to trading on Nasdaq.4 Statutory Basis for, the Proposed Rule submitted by April 1, 2002. For example, in an effort to not Change For the Commission, by the Division of constrain the legitimate hedging needs Market Regulation, pursuant to delegated In its filing with the Commission, of options market makers, Rule 3350 authority.17 Nasdaq included statements concerning also contains a limited exception for Jill M. Peterson, the purpose of and basis for the standardized options market makers. Assistant Secretary. proposed rule change. The text of these The Rule also contains an exemption for [FR Doc. 02–5781 Filed 3–8–02; 8:45 am] statements may be examined at the warrant market makers similar to the BILLING CODE 8010–01–U places specified in Item III below. one available for options market makers. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of B. Background of the Primary Market SECURITIES AND EXCHANGE the most significant aspects of such Maker Standards COMMISSION statements. To ensure that market maker activities that provide liquidity and continuity to [Release No. 34–45499, File No. SR–NASD– A. Background and Description of the the market are not adversely constrained 98–26 Amend. No. 12] NASD’s Short Sale Rule when the Rule is invoked, Rule 3350 Self-Regulatory Organizations; Section 10(a) of the Act gives the provides an exemption for ‘‘qualified’’ National Association of Securities Commission plenary authority to Nasdaq market makers (i.e., market Dealers, Inc.; Notice of Filing and regulate short sales of securities makers that meet the PMM standards). Order Granting Accelerated Approval registered on a national securities Presently, NASD Rule 4612 provides to Amendment No. 12 to a Proposed exchange, as needed to protect Rule Change Relating to an Extension investors. Although the Commission has 3 under the Act, which is incorporated into of the NASD Short Sale Rule and regulated short sales since 1938, that Nasdaq’s short sale rule by NASD Rule 3350(k)(1). 3 See Securities Exchange Act Release No. 34277 Continued Suspension of Primary regulation has been limited to short sales of exchange-listed securities. In (June 29, 1994), 59 FR 34885 (July 7, 1994) (‘‘Short Market Maker Standards Set Forth in Sale Rule Approval Order’’). NASD Rule 4612 1992, Nasdaq, believing that short-sale 4 See NASD Rule 3350(c)(2)–(8). The Rule also regulation is important to the orderly provides that a member not currently registered as March 4, 2002. operation of securities markets, a Nasdaq market maker in a security that has Pursuant to section 19(b)(1) of the proposed a short sale rule for trading of acquired the security while acting in the capacity of a block positioner shall be deemed to own such Securities Exchange Act of 1934 its National Market securities that security for the purposes of the Rule (‘‘Act’’) 1 notice is hereby given that on incorporates the protections provided notwithstanding that such member may not have a February 28, 2002, the National by Rule 10a–1 under the Act. On June net long position in such security if and to the Association of Securities Dealers, Inc., 29, 1994, the SEC approved Rule 3350 extent that such member’s short position in such 2 security is subject to one or more offsetting through its subsidiary, The Nasdaq applicable to short sales in Nasdaq positions created in the course of bona fide Stock Market, Inc. (‘‘Nasdaq’’) filed with arbitrage, risk arbitrage, or bona fide hedge the Securities and Exchange 2 A short sale is a sale of a security that the seller activities. In addition, the NASD has recognized Commission (‘‘Commission’’ or ‘‘SEC’’) does not own or any sale that is consummated by that SEC staff interpretations to Rule 10a–1 under the delivery of a security borrowed by, or for the the Act dealing with the liquidation of index account of, the seller. To determine whether a sale arbitrage positions and an ‘‘international equalizing 17 17 CFR 200.30–3(a)(12). is a short sale members must adhere to the exemption’’ are equally applicable to the NASD’s 1 15 U.S.C. 78s(b)(1). definition of a ‘‘short sale’’ contained in Rule 3b– short sale rule.
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that a member registered as a Nasdaq to receive informal feedback on the new sale regulation pilot program. When the market maker pursuant to NASD Rule PMM standards. This meeting occurred Commission approved the NASD’s short 4611 may be deemed a PMM if that on December 9, 1998. At the conclusion sale rule on a pilot basis, it made member meets certain threshold of the meeting, Commission staff noted specific findings that the Rule was standards. the progress made by the Subcommittee consistent with sections 11A, 15A(b)(6), Since Rule 3350 has been in effect, and requested time to digest and more 15A(b)(9), and 15A(b)(11) of the Act. there have been three methods used to carefully analyze the proposed new Specifically, the Commission stated determine whether a market maker is PMM standards. that, ‘‘recognizing the potential for eligible for the market maker exemption. On July 29, 1999, members of the problems associated with short selling, Specifically, from September 4, 1994 Nasdaq staff conducted a conference the changing expectations of Nasdaq through February 1, 1996, Nasdaq call with members of the Commission market participants and the competitive market makers that maintained a staff to receive feedback on the PMM disparity between the exchange markets quotation in a particular NNM security standards that Nasdaq presented at the and the OTC market, the Commission for 20 consecutive business days were December 9, 1998 meeting. During the believes that regulation of short selling exempt from the Rule for short sales in meeting, the Commission staff requested of Nasdaq National Market securities is that security, provided the short sales that Nasdaq modify several of the consistent with the Act.’’ 9 In addition, were made in connection with bona fide proposed standards and analyze the the Commission stated that it ‘‘believes market making activity (‘‘the 20-day’’ impact of those modifications on the that the NASD’s short sale bid-test, test). From February 1, 1996 until the primary market maker determination. including the market maker exemptions, February 14, 1997, the ‘‘20-day’’ test On September 27, 1999, Nasdaq was replaced with a four-part is a reasonable approach to short sale reported that the NASD Economic regulation of Nasdaq National Market quantitative test known as the PMM Research staff had analyzed data based standards.5 securities and reflects the realities of its on the Commission’s recommended market structure.’’ 10 Nasdaq believes On February 14, 1997, the PMM revisions, and concluded that the the benefits that the Commission standards were waived for all NNM Commission’s modified standards recognized when it first approved Rule securities due to the effects of the SEC’s produced unfavorable results. Nasdaq 3350 apply with equal force today. Order Handling Rules and requested that the Commission corresponding NASD rule change and comment on the outcome of this test ‘‘as Similarly, the concerns that caused system modifications on the operation we intend to communicate your the Commission to waive the PMM of the four quantitative standards.6 For comments to the Subcommittee in an standards in February 1997 continue to example, among other effects, the effort to resume the process of exist today. Nasdaq and the Commission requirement that market makers display developing new standards.’’ 8 agreed to waive the PMM standards for customer limit orders adversely affected Nasdaq suspended development of three reasons that were discovered only the ability of market makers to satisfy PMM standards in late-1999 after the after the Order Handling Rules were the ‘‘102% Average Spread Standard’’. Commission signaled the securities implemented.11 Through late-1999, Since that time all market makers have industry that it is considering Nasdaq worked diligently to address been designated as PMMs. fundamental changes to Rule 10a–1 those concerns to the Commission’s In March 1998, Nasdaq proposed under the Act, changes that could affect satisfaction, including convening a PMM standards that received the manner in which Nasdaq and the special subcommittee on PMM issues, 7 substantially negative comments. In other markets regulate short sales. In proposing two different sets of PMM light of those comments, Nasdaq staff October 1999, the Commission issued a standards, and being continuously convened an advisory subcommittee to Concept Release on Short Sales in available and responsive to Commission develop new PMM standards which it sought comment on, among staff to discuss this issue. Despite these (‘‘Subcommittee’’) in August 1998. The other things, revising the definition of efforts, the Commission and Nasdaq Subcommittee met nine times and short sale, extending short sale were unable to establish satisfactory formulated new PMM standards. NASD/ regulation to non-exchange listed PMM standards. At the request of Nasdaq staff requested to meet with the securities, and eliminating short sale Commission staff, Nasdaq has begun Commission staff and the Subcommittee regulation altogether. Nasdaq believed developing PMM standards suitable to that it would be inappropriate for today’s rapidly changing marketplace. 5 Under the PMM standards, a market maker was required to satisfy at least two of the following four Nasdaq to dramatically alter its Re-instating the PMM standards set criteria each month to be eligible for an exemption regulation of short sales while the forth in NASD Rule 4612 would be from the short sale rule: (1) The market maker must Commission is considering extremely disruptive to the market and be at the best bid or best offer as shown on Nasdaq fundamentally changing Rule 10a–1 harmful to investors. no less that 35 percent of the time; (2) the market maker must maintain a spread no greater than 102 under the Act. At the request of the staff percent of the average dealer spread; (3) no more of the Division of Market Regulation, 9 See Short Sale Rule Approval Order, supra note than 50 percent of the market maker’s quotation Nasdaq has resumed development of 3. updates may occur without being accompanied by PMM standards and has been working 10 Id. a trade execution of at least one unit of trading; or with the Commission staff toward that 11 Implementation of the Order Handling Rules (4) the market maker executes 11⁄2 times its created the following three issues: (1) Many market ‘‘proportionate’’ volume in the stock. If a PMM did goal. makers voluntarily chose to display customer limit not satisfy the threshold standards after a particular C. Proposal To Extend the Short Sale orders in their quotes although the Limit Order review period, the market maker lost its designation Display Rule did not require it at that time; (2) as a PMM (i.e., the ‘‘P’’ next to its market maker Rule and Suspend the PMM Standards SOES decrementation for all Nasdaq stocks identification was removed). Market makers could Nasdaq believes that it is in the best significantly affected market makers’ ability to meet requalify for designation as a PMM by satisfying the several of the primary market maker standards; and threshold standards in the next review period. interest of investors to extend the short (3) with the inability to meet the existing criteria 6 See Securities Exchange Act Release No. 38294 for a larger number of securities, a market maker (February 17, 1997), 62 FR 8289 (February 24, 8 See Letter, dated September 27, 1999 from John may be prevented from registering as a primary 1997). F. Malitzis, Assistant General Counsel, Nasdaq, to market maker in an initial public offering because 7 See Securities Exchange Act Release No. 39189 Richard Strasser, Assistant Director, Division of it fails to meet the 80% primary market maker test (March 30, 1998), 63 FR 16841 (April 6, 1998). Market Regulation, SEC. contained in Rule 4612(g)(2)(B).
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D. Self-Regulatory Organization’s The Commission finds that the SECURITIES AND EXCHANGE Statement on Burden on Competition continuation of the Short Sale Rule Pilot COMMISSION Nasdaq believes that the proposed and the continued suspension of the [Release No. 34–45503; File No. SR–NASD– rule change will not result in any PMM standards will maintain the status 2002–29] burden on competition that is not quo while the Commission is necessary or appropriate in furtherance considering amending Rule 10a–1 under Self-Regulatory Organizations; Notice of the purposes of the Act. the Act. This extension of the pilot and of Filing and Immediate Effectiveness continued suspension of the PMM of Proposed Rule Change by the E. Self-Regulatory Organization’s standards is subject to modification or National Association of Securities Statement on Comments on the revocation should the Commission Dealers, Inc. To Extend a Pilot Program Proposed Rule Change Received From amend Rule 10a–1 under the Act in a Making Available Certain Nasdaq Members, Participants, or Others manner as to deem the extension or Services and Facilities Until 6:30 p.m. Comments were neither solicited nor suspension unnecessary or in conflict Eastern Time received. with any adopted amendments.13 March 5, 2002. III. Solicitation of Comments The Commission finds good cause for Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Interested persons are invited to approving the extension of the Short (‘‘Act’’),1 and Rule 19b–4 thereunder,2 submit written data, views, and Sale Rule Pilot and the suspension of notice is hereby given that on March 4, arguments concerning the foregoing, existing PMM standards prior to the 2002, the National Association of including whether the proposed rule 30th day after the date of publication of Securities Dealers, Inc. (‘‘NASD’’ or change is consistent with the Act. notice of the filing in the Federal ‘‘Association’’), through its subsidiary, Persons making written submissions Register. It could disrupt the Nasdaq The Nasdaq Stock Market, Inc. should file six copies thereof with the market and confuse market participants (‘‘Nasdaq’’) filed with the Securities and Secretary, Securities and Exchange to reintroduce the previous PMM Exchange Commission (‘‘Commission’’) Commission, 450 Fifth Street, NW, standards while new PMM standards the proposed rule change as described Washington, DC 20549–0609. Copies of are being developed, and while the in Items I, II and III below, which Items the submission, all subsequent Commission considers amending Rule have been prepared by Nasdaq. Nasdaq amendments, all written statements 10a–1 under the Act. filed the proposal pursuant to Section with respect to the proposed rule It is therefore ordered, pursuant to 19(b)(3)(A) of the Act,3 and Rule 19b– change that are filed with the section 19(b)(2) of the Act,14 that 4(f)(6) thereunder,4 which renders the Commission, and all written Amendment No. 12 to the proposed rule proposal effective upon filing with the communications relating to the Commission.5 The Commission is proposed rule change between the change, SR–NASD–98–26, which publishing this notice to solicit Commission and any person, other than extends the NASD Short Sale Rule Pilot comments on the proposed rule change those that may be withheld from the and suspends the PMM standards from interested persons. public in accordance with the through December 15, 2002, is approved provisions of 5 U.S.C. 552, will be on an accelerated basis.15 I. Self-Regulatory Organization’s available for inspection and copying in For the Commission, by the Division of Statement of the Terms of Substance of the Commission’s Public Reference Market Regulation, pursuant to delegated the Proposed Rule Change Room. Copies of the filing will also be authority.16 Nasdaq proposes to extend through available for inspection and copying at Jill M. Peterson, September 1, 2002 its pilot program the principal office of the NASD. All Assistant Secretary. making available several Nasdaq submissions should refer to the file [FR Doc. 02–5782 Filed 3–8–02; 8:45 am] services and facilities until 6:30 P.M. number in the caption above and should Eastern Time. No substantive changes BILLING CODE 8010–01–U be submitted by April 1, 2002. are being made to the pilot program, IV. Commission’s Findings and Order other than extending the operation of Granting Accelerated Approval of the the pilot program through September 1, Amendment 2002. The text of the proposed rule change is available at the Association After careful consideration, the and at the Commission. Commission finds, for the reasons set forth below, that the extension of the II. Self-Regulatory Organization’s Short Sale Rule Pilot and the Statement of the Purpose of, and suspension of the existing PMM Statutory Basis for, the Proposed Rule standards until December 15, 2002 is Change consistent with the requirements of the In its filing with the Commission, Act and the rules and regulations Nasdaq included statements concerning thereunder. In particular, the extension the purpose of and basis for its proposal is consistent with section 15A(b)(6) 12 of and discussed any comments it received the Act, which requires that the NASD’s regarding the proposal. The text of these rules be designed, among other things, 13 Absent an exemption, Rule 10a–1 under the Act would apply to Nasdaq on Commission to remove impediments to and perfect 1 15 U.S.C. 78s(b)(1). approval of its exchange registration. the mechanism of a free and open 2 17 CFR 240.19b–4. 14 15 U.S.C. 78s(b)(2). 3 15 U.S.C. 78s(b)(3)(A). market and a national market system 15 In approving Amendment No. 12, the 4 17 CFR 240.19b–4(f)(6). and to promote just and equitable Commission has considered its impact on principles of trade. 5 Nasdaq asked the Commission to waive the 5- efficiency, competition, and capital formation. 15 day pre-filing notice requirement and the 30-day U.S.C. 78c(f). operative delay. See Rule 19b–4(f)(6)(iii). 17 CFR 12 15 U.S.C. 78o–3(b)(6). 16 17 CFR 200.30–3(a)(12). 240.19b–4(f)(6)(iii).
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statements may be examined at the may designate, it has become effective For the Commission, by the Division of places specified in Item IV below. pursuant to Section 19(b)(3)(A) of the Market Regulation, pursuant to delegated 11 Nasdaq has prepared summaries, set Act 8 and Rule 19b–4(f)(6) thereunder.9 authority. forth in Sections A, B and C below, of At any time within 60 days of the filing Jill M. Peterson, the most significant aspects of such of the proposed rule change, the Assistant Secretary. statements. Commission may summarily abrogate [FR Doc. 02–5783 Filed 3–8–02; 8:45 am] A. Self-Regulatory Organization’s such rule change if it appears to the BILLING CODE 8010–01–P Statement of the Purpose of, and Commission that such action is necessary or appropriate in the public Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Change interest, for the protection of investors, or otherwise in furtherance of the COMMISSION 1. Purpose purposes of the Act. [Release No. 34–45508; File No. SR–NASD– Nasdaq proposes to extend through Nasdaq has requested that the 00–76] September 1, 2002 its current pilot Commission waive the 5-day pre-filing program that makes available certain Self-Regulatory Organizations; Notice notice requirement and accelerate the of Filing of Amendment Nos. 2 and 3 Nasdaq systems and facilities until 6:30 operative date. The Commission finds P.M. Eastern Time. The pilot will to a Proposed Rule Change by the good cause to waive the 5-day pre-filing National Association of Securities continue to operate under the same notice requirement and the 30-day terms and conditions as set forth in the Dealers, Inc. Relating to Locked and operative waiting period, because such Commission’s original approval order, Crossed Markets That Occur at or Prior designation is consistent with the including mandating 90-second trade to the Market Open protection of investors and the public reporting until 6:30 P.M. Eastern Time.6 interest. Acceleration of the operative March 5, 2002. 2. Statutory Basis date will allow the pilot program to Pursuant to section 19(b)(1) of the Nasdaq believes that the proposal is continue without interruption through Securities Exchange Act of 1934 1 consistent with the provisions of September 1, 2002. For these reasons, (‘‘Exchange Act’’), and Rule 19b–4 2 Section 15A(b)(6) of the Act 7 in that it the Commission finds good cause to thereunder, notice is hereby given that is designed to prevent fraudulent and waive both the 5-day pre-filing notice the National Association of Securities manipulative acts and practices, to requirement and the 30-day operative Dealers, Inc. (‘‘NASD’’), through its promote just and equitable principles of waiting period.10 subsidiary, the Nasdaq Stock Market, trade, to foster cooperation and Inc. (‘‘Nasdaq’’), filed with the IV. Solicitation of Comments coordination with persons engaged in Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) Amendment regulating, clearing, settling, and Interested persons are invited to processing information with respect to, Nos. 2 and 3 to the proposed rule submit written data, views, and change as described in Items I, II, and and facilitating transactions in arguments concerning the foregoing, securities. III below, which Items have been including whether the proposal is prepared by Nasdaq. The proposed rule B. Self-Regulatory Organization’s consistent with the Act. Persons making change and Amendment No. 1 were Statement on Burden on Competition written submissions should file six published for comment in the Federal copies thereof with the Secretary, 3 Nasdaq does not believe that the Register on February 7, 2001. The Securities and Exchange Commission, proposed rule change will result in any Commission received seven comment burden on competition that is not 450 Fifth Street, NW., Washington, DC letters regarding the proposal.4 Nasdaq necessary or appropriate in furtherance 20549-0609. Copies of the submission, of the purposes of the Act. all subsequent amendments, all written 11 17 CFR 200.30–3(a)(12). statements with respect to the proposed 1 15 U.S.C. 78s(b)(1). C. Self-Regulatory Organization’s rule change that are filed with the 2 17 CFR 240.19b–4. Statement on Comments on the Commission, and all written 3 See Securities Exchange Act Release No. 43913 Proposed Rule Change Received From (January 31, 2001), 66 FR 9394 (‘‘February 2001 communications relating to the Release’’). Members, Participants or Others proposed rule change between the 4 See letter from Mark R. Grewe, Managing Written comments were neither Commission and any person, other than Director, NDB Capital Markets, L.P., to Jonathan G. solicited nor received. those that may be withheld from the Katz, Secretary, Commission, dated February 27, 2001 (‘‘NDB Letter’’); letter from Martin public in accordance with the III. Date of Effectiveness of the Cunningham, Senior Vice President Trading, provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for Schwab Capital Markets L.P. (‘‘Schwab’’), to available for inspection and copying in Jonathan G. Katz, Secretary, Commission, dated Commission Action the Commission’s Public Reference February 28, 2001 (‘‘Schwab Letter’’); letter from Richard B. Levin, Assistant General Counsel and Because the foregoing proposed rule Room. Copies of such filing will also be Regulatory Affairs Officer, Knight Securities, L.P. change does not: available for inspection and copying at (‘‘Knight’’), to the Commission, dated March 1, 2001 (i) Significantly affect the protection the principal office of the Association. (‘‘Knight Letter’’); letter from Kim Bang, President, of investors or the public interest; All submissions should refer to file Bloomberg Tradebook LLC (‘‘Bloomberg’’), to the (ii) Impose any significant burden on Commission, dated March 15, 2001 (‘‘Bloomberg number SR–NASD–2002–29 and should Letter’’); letter from Timothy G. Grazioso, competition; and be submitted by April 1, 2002. Subcommittee Chairman, Trading Issues (iii) Become operative for 30 days Committee, Security Traders Association (‘‘STA’’), from the date on which it was filed, or Michael T. Bird, Chairman, Trading Issues 8 15 U.S.C. 78s(b)(3)(A). such shorter time as the Commission Committee, STA, and Geoffrey W. Cloud, Counsel, 9 17 CFR 240.19b–4(f)(6). Trading Issues Committee, STA, to Jonathan G. 10 For purposes only of accelerating the operative Katz, Secretary, Commission, dated March 13, 2001 6 See Securities Exchange Act Release No. 42003 date of this proposal, the Commission has (‘‘STA Letter’’); letter from Kevin J.P. O’Hara, (October 13, 1999), 64 FR 56554 (October 20, 1999) considered the proposed rule’s impact on General Counsel, Archipelago, L.L.C. (order approving after-hours trading pilot). efficiency, competition, and capital formation. 15 (‘‘Archipelago’’) to Jonathan G. Katz, Secretary, 7 15 U.S.C. 78o–3(b)(6). U.S.C. 78c(f). Commission, dated April 3, 2001 (‘‘Archipelago
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has responded to the commenters in participants from entering locking/ would lock or cross the market between Amendment Nos. 2 and 3 to the crossing quotes between 9:29:30 a.m. 9:29:30 and 9:29:59. proposal, which Nasdaq filed with the and 9:29:59 a.m.; and (5) delete (ii)(a) In the case of securities Commission on August 13, 2001,5 and provisions imposing Trade-or-Move included in the Nasdaq 100 Index or the February 21, 2002, respectively.6 The requirements between 3:50 p.m. and S&P 400 Index, a Trade-or-Move Commission is publishing this notice to 4:00 p.m. Message must be [and that is] for at least solicit comments on Amendment Nos. 2 Proposed changes to the original 10,000 shares (if multiple market and 3 to the proposed rule change from proposal, as published in the February makers would be locked/crossed, each interested persons. 2001 Release, appear below. Proposed one must receive a Trade-or-Move Message and the aggregate size of all I. Self-Regulatory Organization’s additions are in italics; proposed deletions are in [brackets]. such messages must be at least 10,000 Statement of the Terms of Substance of shares); provided, however, that if a the Proposed Rule Change Rule 4613—Character of Quotations market participant is representing an In its original proposal, Nasdaq (a)–(d) No change. agency order (as defined in proposed to amend NASD Rule (e) Locked and Crossed Markets: subparagraph (vi) of this rule), the 4613(e)(1)(C), ‘‘Locked and Crossed (1) A market maker shall not, except market participant shall be required to Markets,’’ to revise the use of Trade-or- under extraordinary circumstances, send a Trade-or-Move Message(s) in an Move Messages during locked and enter or maintain quotations in Nasdaq amount equal to the agency order, even crossed market conditions that occur during normal business hours if: if that order is less than 10,000 shares. prior to the market’s opening and to add (A) No change. (b) In the case of all other securities, provisions relating to the use of Trade- (B) No change. a Trade-or-Move Message must be for at or-Move Messages prior to the market’s least 5,000 shares (if multiple market (C) Obligations Regarding Locked/ close. In response to comment letters makers would be locked/crossed, each Crossed Market Conditions Prior to filed with the Commission and based one must receive a Trade-or-Move Market Opening [And Prior to Market upon input from a special subcommittee Message and the aggregate size of all Closing]— of Nasdaq’s Quality of Markets such messages must be at least 5,000 (i) No change. Committee, Nasdaq proposes to amend shares); provided, however, that if a its original proposal to: (1) Require (i) Locked/Crossed Market Between market participant is representing an ECNs to send Trade-or-Move Messages 9:20 and 9:29:59 a.m.— agency order (as defined in prior to entering locking/crossing quotes (a) Before an ECN [market maker] subparagraph (vi) of this rule), the and require market makers to send enters a quote that would lock or cross market participant shall be required to Trade-or-Move Messages after entering the market between 9:20 and 9:29:29 send a Trade-or-Move Message(s) in an locking/crossing quotes; (2) reduce the a.m. Eastern Time, the ECN [market amount equal to the agency order, even time to respond to a Trade-or-Move maker] must first send through if that order is less than 5,000 shares. Message to 10 seconds; (3) provide a SelectNet to the market maker or ECN [Locked/Crossed Market Between 3:50 10,000-share minimum share whose quote it would lock or cross a and 3:59:59 p.m.—Before a market requirement for Trade-or-Move Trade-or-Move Message that is at or maker enters a quote that would lock or Messages for Nasdaq 100 and S&P 400 superior to the receiving market maker’s cross the market between 3:50 and issues; (4) prohibit all market or ECN’s quoted price [and that is for at 3:59:59 p.m. Eastern Time, the market least 10,000 shares (if multiple market maker must first send through SelectNet Letter’’); and letter from William O’Brien, Senior makers would be locked/crossed, each to the market maker whose quote it Vice President & General Counsel, The BRUT ECN, one must receive a Trade-or-Move would lock or cross, a Trade-or-Move L.L.C., (‘‘BRUT’’) to the Commission, dated April Message and the aggregate size of all Message that is at the receiving market 17, 2001 (‘‘BRUT Letter’’). such messages must be at least 10,000 5 See letter (with attachment) from Eugene A. maker’s quoted price and that is for at Lopez, Senior Vice President, Nasdaq, to Belinda shares); provided, however, that if a least 10,000 shares (if multiple market Blaine, Associate Director, Division of Market market participant is representing an makers would be locked/crossed, each Regulation (‘‘Division’’), Commission, dated August agency order (as defined in one must receive a Trade-or-Move 10, 2001 (‘‘Amendment No. 2’’). In Amendment No. 2, Nasdaq responds to the commenters and subparagraph (vi) of this rule), the Message and the aggregate size of all proposes to revise its original proposal to: (1) market participant shall be required to such messages must be at least 10,000 Require electronic communications networks send a Trade-or-Move Message in an shares); provided, however, that if a (‘‘ECNs’’) to send Trade-or-Move Messages prior to amount equal to the agency order, even market participant is representing an entering locking/crossing quotes and require market makers to send Trade-or-Move Messages after if that order is less than 10,000 shares. agency order (as defined in entering locking/crossing quotes; (2) reduce the A [market maker]. An ECN that sends a subparagraph (vi) of this rule), the time to respond to a Trade-or-Move Message to 10 Trade-or-Move Message during these market participant shall be required to seconds; (3) provide a 10,000-share minimum share periods must then wait at least [15]10 requirement for Trade-or-Move Messages for send a Trade-or-Move Message(s) in an Nasdaq 100 and S&P 400 issues; (4) prohibit all seconds before entering a quote that amount equal to the agency order, even market participants from entering locking/crossing would lock or cross the market. if that order is less than 10,000 shares. quotes between 9:29:30 a.m. and 9:29:59 a.m.; and (b) If a market maker enters a quote A market maker that sends a Trade-or- (5) delete provisions imposing Trade-or-Move that would lock or cross the market requirements between 3:50 p.m. and 4 p.m. Move Message during this period must 6 See letter from Jeffrey S. Davis, Nasdaq, to John between 9:20 and 9:29:29 a.m. Eastern then wait at least 15 seconds before Polise, Senior Special Counsel, Division, Time, the market maker must then entering a quote that would lock or Commission, dated February 21, 2002 immediately send through SelectNet to cross the market.] (‘‘Amendment No. 3’’). In Amendment No. 3, the market maker or ECN whose quote (iv) A market maker that receives a Nasdaq responds to comments from BRUT and clarifies a misstatement in Amendment No. 2. it would lock or cross a Trade-or-Move Trade-or-Move Message must, within Specifically, Amendment No. 3 states that the Message that is at or superior to the [15] 10 seconds of receiving such requirement that ECNs send Trade-or-Move receiving market maker’s or ECN’s message, either fill the incoming Trade- Messages prior to entering locking or crossing quoted price. or-Move Message for the full size of the quotes applies to all orders that ECNs receive and is not limited to agency orders, as stated incorrectly (c) Market participants shall be message, or [, consistent with its Firm in Amendment No. 2. prohibited from entering a quote that Quote obligations,] move its bid down
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(offer up) by a quotation increment that proposal.7 Nasdaq notes that the Pre-Opening restores or maintains an unlocked/ commenters, who are among the most An orderly opening is critical to uncrossed market. active participants in the Nasdaq Nasdaq and to investors.8 Nasdaq notes (v) A market maker that sends a market, expressed materially different that a sizable portion of the volume in Trade-or-Move Message pursuant to views regarding Nasdaq’s proposal. In Nasdaq occurs at or around the market’s subparagraphs (e)(1)(C)(i)[,] or (ii)[, or response to the comment letters, opening. According to Nasdaq, many (iii)] of this rule must append to the Nasdaq’s Quality of Markets Committee marker makers guarantee their message a Nasdaq-provided symbol formed a subcommittee customers an execution at the opening indicating that it is a Trade-or-Move (‘‘Subcommittee’’) to address the inside bid or offer price, or in some Message. cases the midpoint of (or other range (vi) No Change. concerns raised by the commenters. The (2) No Change. Subcommittee was comprised of all of between) the opening inside bid/inside (3) Except as indicated in subsection the commenters, as well as members offer. Thus, the inside market at the (1)(C)(ii), [F]for purposes of this rule, the representing other constituencies within opening affects the price at which a term ‘‘market maker’’ shall include: the Nasdaq market making community. sizable number of orders from (A)–(D) No Change. individual investors in Nasdaq stocks At its first meeting, the Subcommittee are filled. Moreover, the prices of II. Self-Regulatory Organization’s spent two hours discussing the certain options contracts, indexes, and Statement of the Purpose of, and operation of the Trade-or-Move rule derivative instruments often are set Statutory Basis for, the Proposed Rule during the pre-opening period. This based on the opening prints in Nasdaq. Change meeting, like the comment letters, Accordingly, it is of utmost importance In its filing with the Commission, generated significant disagreement that the market open in an orderly Nasdaq included statements concerning regarding the best approach to fashion. the purpose of, and basis for, the improving the operation of the rule. As discussed more fully below, proposed rule change, and discussed Following that meeting, a straw poll of Amendment No. 2 revises the proposal any comments it received on the the Subcommittee on four aspects of to eliminate the use of Trade-or-Move proposed rule change. The text of these Trade-or-Move during the pre-opening Messages prior to the market’s close. In statements may be examined at the period revealed no clear majority addition, Amendment No. 2 modifies places specified in Item IV below. supporting any proposal on any aspect the following aspects of the original Nasdaq has prepared summaries, set of NASD Rule 4613(e)(1)(C). proposal with regard to the way that forth in Sections A, B, and C below, of Trade-or-Move operates prior to the After the first Subcommittee meeting, the most significant aspects of such opening: (1) The sequence of Trade-or- members of the staff of Nasdaq statements. Move Messages; (2) the time within Transaction Services, Economic which to respond to a Trade-or-Move A. Self-Regulatory Organization’s Research, Regulation and Controls, Message; (3) the number of shares Statement of the Purpose of, and Technology Services, and the Nasdaq accompanying a Trade-or-Move Statutory Basis for, the Proposed Rule Office of General Counsel met several Message; and (4) the period between Change times in different groupings to develop 9:29:30 a.m. and 9:29:59 a.m. 1. Purpose a recommendation based upon the Sequence of Messages: Under current Subcommittee deliberations. Nasdaq NASD Rule 4613(e)(1)(C), a market (a) Amendment No. 2. staff presented its recommendations at participant that enters a locking or Background the second Subcommittee meeting, crossing quote between 9:20 and 9:29:59 a.m. is then required to send a message In its original rule proposal, Nasdaq where the Subcommittee members spent with an appended Trade-or-Move proposed amendments to NASD Rule nearly two hours discussing the pre- designator to the party or parties it is 4613(e)(1)(C) that would alter the opening period and another half-hour locking/crossing. Nasdaq adopted the obligations of market makers and ECNs discussing the pre-closing period. Trade-or-Move requirements because it during locked and crossed markets that Response to Comments believed that requiring market occur prior to the market’s open and participants to lock/cross the market also prior to the close. Specifically, Nasdaq is aware that there remain prior to sending a Trade-or-Move Nasdaq originally proposed to: (1) meaningful, legitimate disagreements Message would reduce the frequency Extend the application of NASD Rule within the market making community and severity of pre-opening locked and 4613(e)(1)(C)(ii) regarding locked/ regarding the best solution to locked crossed markets by providing more crossed markets before the open to the and crossed markets that occur on informative quotation information and period prior to the close; (2) require Nasdaq. Nasdaq’s goal is to facilitating price discovery. market makers and ECNs that send a incrementally improve and simplify the In its original proposal, Nasdaq Trade-or-Move Message to do so at least operation of and compliance with the proposed to revise NASD Rule 15 seconds before entering a locking/ 4613(e)(1)(C) to require all market crossing quote rather than after entering Trade-or-Move rule, rather than to pursue an impossible ideal of solving participants to send Trade-or-Move a locking/crossing quote, as the rule Messages before rather than after currently requires; (3) increase from every Trade-or-Move problem experienced by every market entering a locking or crossing quotation 5,000 to 10,000 the minimum number of during the applicable periods. Nasdaq shares that must accompany a non- participant. The recommendations described in greater detail below are believed that switching the sequence of agency Trade-or-Move Message; and (4) messages in this way would further designed to accomplish that goal, as reduce from 30 seconds to 15 seconds reduce the instances of locked and well as to promote price discovery and the amount of time within which the crossed markets in Nasdaq by recipient of a Trade-or-Move Message the maintenance of an orderly market. must properly respond. 8 See Arthur Levitt, Chairman, Commission, The Commission received seven Remarks before the Securities Industry Association, comment letters regarding the original 7 See note 4, supra. Boca Raton, Florida (November 4, 1999).
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preventing them from occurring in the on ECNs because it requires them to Response Time: Under current NASD first instance. Nasdaq believed that the stand willing to trade twice for every Rule 4613(e)(1)(C), the recipient of a benefits of preventing the occurrence of Trade-or-Move Message they send: once Trade-or-Move Message must respond locked/crossed markets would outweigh with the participant to which it routes properly to the message within 30 the concomitant loss of price discovery the message, and again with any seconds. In the original proposal, provided by the entry of locking or participant that attempts to access its Nasdaq reduced the response time to 15 crossing quotes. quote. seconds to reduce the duration of Two commenters opposed the Nasdaq notes that because ECNs locked/crossed markets that occur. proposed change of sequence, claiming choose not to accumulate proprietary Nasdaq believes that markets have that the current sequence results in a positions, they are unwilling to accept become materially faster and that a 30- one-step process that can be readily the risk of double execution. Nasdaq second delay in price discovery is programmed into firms’ automated states that while a neutral application of impractical under the current, rapid trading systems,9 while the opposite the Trade-or-Move requirements may conditions. The commenters sequence would result in a two-step affect market participants differently, unanimously agreed that a 30-second process that would be difficult to that result stems from the ECNs’ response time is too long and that 15 program. According to these voluntary selection of a particular seconds is more appropriate.15 In fact, commenters, the programming of business model and access methodology two commenters suggested reducing the automated systems improves firms’ rather than from any action of Nasdaq. response time to five seconds.16 compliance with the Trade-or-Move Nasdaq also notes that market makers Nasdaq is reluctant to reduce the requirements and their ability to surveil risk similar double liability from response time to five seconds because for compliance internally. These internalization and orders from non- that would impose a great burden on commenters also claimed that the Nasdaq means of access. Nasdaq firms that lack automated systems. change of sequence would result in maintains that its decision to switch the Nasdaq is also concerned that the more locked or crossed markets, not message sequence, like its decision to operation and surveillance of a five- fewer, as Nasdaq believed. adopt the existing Trade-or-Move second rule could be compromised by Two commenters argued that requirements, was based upon Nasdaq’s potential delays in network reversing the sequence of messaging assessment of the benefit of the Trade- communications between Nasdaq’s would unduly hinder price discovery or-Move requirements to the entire systems and firms’ systems. because the recipient of a Trade-or- market rather than their impact on To balance Nasdaq’s desire to respond Move Message would not know the particular market participants or to the increased speed of markets as price to which it would be required to business models. well as the potential burden imposed on move its quote to maintain an unlocked/ Nonetheless, based upon the non-automated firms, Nasdaq proposes uncrossed market.10 They further to reduce to 10 seconds the time comments received, Nasdaq has decided argued that decimalization would permitted to respond to a Trade-or- to amend its proposal to permit the exacerbate this problem by permitting Move Message. Although this is a sequence of messaging to differ by the recipients of Trade-or-Move relatively brief period for non- market participant business model. Messages to move their quotes in penny automated participants, Nasdaq believes Amendment No. 2 will revise the increments rather than in sixteenths. that firms that choose to participate in proposal to require ECNs to send Trade- Nasdaq maintains that these arguments the pre-open must vigilantly monitor or-Move Messages before entering are based upon the incorrect assumption their quotes. As explained in greater locking or crossing quotes. Market that market participants can send Trade- detail below, the 10-second period makers will enter a locking or crossing or-Move Messages only to the corresponds to the minimum life of a quote and then immediately send a recipient’s quoted price (i.e., to lock the 13 SelectNet order, thereby allowing ECNs market). In fact, a party sending a Trade- Trade-or-Move Message. Nasdaq to avoid dual liability by canceling a or-Move Message may send the Trade- believes that the proposed change has Trade-or-Move Message when entering a or-Move Message at the recipient’s the dual benefit of permitting ECNs to locking or crossing quote. quoted price or at a superior price.11 In participate more effectively in the pre- Number of Shares: Under current that case, the recipient would be opening period and also permitting NASD Rule 4613(e)(1)(C), the aggregate required to trade in full or to move its market makers to retain their current size of the Trade-or-Move Message must quote beyond the superior price to automated systems. It also preserves the be at least 5,000 shares (i.e., the market maintain an unlocked and uncrossed benefits that Nasdaq sought to achieve participant must send a total of 5,000 market. when it first implemented the Trade-or- shares to all parties it is locking/ Two other commenters, both Move requirements, namely increased crossing) in the case of a proprietary operators of ECNs, supported the price discovery and decreased quote, or the actual size of an agency proposed change of sequence.12 One gamesmanship surrounding the order if that is the basis for the locking/ commenter argued that the current rule occurrence and resolution of locked and crossing quote. Under the original has a disproportionately negative effect crossed markets. Nasdaq believes that proposal, Nasdaq sought to raise the this approach will incrementally minimum Trade-or-Move Message share 9 See Schwab Letter and NDB Letter, supra note improve the operation of NASD Rule requirement to 10,000 shares or the 4. 4613(e)(1)(C).14 10 See Schwab Letter and NDB Letter, supra note locked/crossed markets, Nasdaq also considered 4. 13 ‘‘Immediate’’ issuance of a Trade-or-Move permitting each market participant to choose the 11 Although Nasdaq announced this Message will be understood to mean instantaneous sequence of messages that it preferred. After careful interpretation of NASD Rule 4613(e) in NASD in the case of automated systems and not exceeding analysis, Nasdaq concluded that this approach Notice to Members 2000–29, Nasdaq notes that a different, specified period where manual would create confusion in the marketplace and there appears to be some confusion concerning this processes are utilized. hinder Nasdaq’s ability to surveil for compliance point among market makers. Accordingly, Nasdaq 14 The STA also supported changing the sequence with the Trade-or-Move requirements. is adding language to the current proposal to further of messages, contending that doing so would reduce 15 See Bloomberg Letter; Archipelago Letter; clarify this point. the instances of locked and crossed markets in Schwab Letter; and NDB Letter, supra note 4. 12 See Archipelago Letter and Bloomberg Letter, Nasdaq. Based upon the STA’s comments and upon 16 See STA Letter and Knight Letter, supra note supra note 4. Nasdaq’s own desire to reduce the instances of 4.
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actual size of an agency order. Nasdaq several ECNs’ current participation. continued obligation to respond believes that a market participant or its Moreover, Nasdaq believes that the properly to Trade-or-Move Messages, customer should not be able to lock or modifications described above will will facilitate the resolution of locks and cross the market in the 10 minutes prior ameliorate the ECNs’ concerns. crosses that exist at 9:29:30. Further, to the opening with a de minimus Specifically, Nasdaq believes that Nasdaq believes that the potential number of shares. Rather, Nasdaq allowing ECNs to send a Trade-or-Move benefits to all market participants of a believes that a market participant must Message before locking/crossing the more orderly opening outweigh the be willing to risk significant capital and market and reducing the response time limited loss of price discovery that will to trade a significant amount if it wishes to 10 seconds should virtually eliminate result from suppressing locking and to lock or cross the market during one the risk to an ECN of assuming a crossing quotes during this brief but of the most critical points in the trading proprietary position. For example, critical period. Nasdaq notes that an ECN could send day. Pre-Closing Several commenters supported the Trade-or-Move Message for the actual proposed increase and agreed with the size of an agency order and wait 10 NASD Rule 4613(e)(1)(C) does not rationale behind it.17 In fact, the STA seconds, the minimum life of a currently apply during normal business suggested that, in certain circumstances, SelectNet order. Assuming that the ECN hours. Based upon the positive effect the minimum Trade-or-Move Message receives no reply, it could then cancel that the Trade-or-Move requirements share size should be 25,000 shares the SelectNet order and enter the full have had on resolving potential locked rather than 10,000 shares. One size of its agency order as a locking/ and crossed markets at and immediately commenter stated that the requirement crossing quote. before the market opening, Nasdaq should remain at 5,000 shares due, in Nonetheless, in light of the comments originally proposed to expand the part, to what the commenter believes is received, Nasdaq has determined to application of NASD Rule 4613(e)(1)(C) non-compliance with the Trade-or-Move modify the proposal as follows: to include the 10-minute period requirements by certain regional proprietary orders with Trade-or-Move preceding the market close (3:50 p.m. to markets and NASD members.18 Messages must be accompanied by a 3:59:59 p.m.). Like the opening, the On the other hand, one commenter minimum of 10,000 shares in the case closing is a critical period characterized claimed that the 10,000-share of Nasdaq 100 and S&P 400 issues, and by volatile, rapid, and heavy trading. requirement discriminates unfairly 5,000 shares for all other issues. The The closing price is a benchmark for against ECNs and effectively prevents ‘‘agency exception’’ contained in numerous transactions and could be them from participating in the pre- current NASD Rule 4613(e)(1)(C) will affected dramatically by the existence of opening.19 The commenter suggested continue to operate as it does today. locks and crosses. that Nasdaq address this issue by Nasdaq believes that Nasdaq 100 and In its original proposal, Nasdaq permitting ECNs to withhold from a S&P 400 issues are marked by higher proposed that the Trade-or-Move Trade-or-Move Message a portion of an liquidity and faster trading and, Messages used prior to the close would agency order rather than requiring the therefore, merit a more stringent operate in the same manner as currently ECN to append the entire amount of the requirement to create a locked or proposed for Trade-or-Move Messages order to the Trade-or-Move Message it crossed market. Nasdaq believes that used prior to the opening, with one wishes to send. The ECN would then this proposal proportionately increases exception. Prior to the market’s opening, use the shares withheld to enter a the economic significance of entering a the market participant receiving a locking or crossing quote. locking/crossing quotation for stocks Trade-or-Move Message has no liability Nasdaq disagrees with this argument. that are widely followed and for which under the NASD’s firm quote rule Contrary to the commenter’s assertions, a locked/crossed market would have the (NASD Rule 4613(b)) or under the the minimum share requirement and greatest impact. Commission’s firm quote rule (Exchange agency exception each apply evenly to Limited Prohibition On Entry Of Act Rule 11aAc–1). Thus, a market all market makers and ECNs, and also to Locking/Crossing Quotes: Based upon maker is permitted to move its quote their respective customers. The proposal the recommendation of the without trading upon the receipt of simply prohibits any market participant Subcommittee, which was comprised of what, during market hours, would be a from locking or crossing the market on the commenters and additional SelectNet ‘‘liability’’ order. Prior to the close, however, a Trade-or-Move a proprietary basis—regardless of the members of the Quality of Markets Message would be considered a liability conduit through which it enters an Committee, Nasdaq proposes that order. Therefore, unlike during the order into the market—for less than the market participants be prohibited by earlier period, a market participant that minimum number of shares. In fact, to rule from entering a locking or crossing received a Trade-or-Move Message prior do as the commenter suggests and quote between 9:29:30 and 9:29:59. to the close could move its quote or permit ECNs to withhold a portion of During that period, all market trade with just a portion of the Trade- their agency orders would itself create participants will be permitted to send or-Move Message only if doing so would disparity between market makers and Trade-or-Move Messages for the be consistent with its firm quote ECNs. Such an approach would be required number of shares to parties that obligations under the NASD and SEC inconsistent with Nasdaq’s view that, to they would lock or cross if permitted to enter such locking/crossing quotes. rules. the greatest extent possible, the lock/ Market participants that receive Trade- The commenters argued crossed rule should apply equally to all or-Move Messages during that time overwhelmingly that applying the market participants. Trade-or-Move requirements before the Nasdaq also disagrees that the current period will be obligated to respond close would be unnecessary or would rule operates to exclude ECNs from the properly by trading in full or moving cause more problems than they would pre-opening period, as evidenced by their quote within the appropriate response time. solve. Several commenters argued that 17 See NDB Letter and Schwab Letter, supra note Nasdaq believes that a prohibition on the implementation of Nasdaq’s 4. the entry of locking/crossing quotes National Market Execution System 18 See Knight Letter, supra note 4. immediately prior to the market (‘‘SuperSOES’’) would obviate the need 19 See Bloomberg Letter, supra note 4. opening, in conjunction with the for supplemental locked and crossed
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markets restrictions or, at the very least, requirement for certain stocks market and the potential for harm to that Nasdaq should monitor the outweighs the risk the commenter investors. implementation of SuperSOES to perceives. Nasdaq notes that under the determine whether or not this claim is proposal, as amended, the 10,000-share B. Self-Regulatory Organization’s accurate.20 Another commenter noted Trade-or-Move Message requirement Statement on Burden on Competition that the proposal fails to account for applies only to the most active, liquid Nasdaq does not believe that the economic inefficiencies that exist prior stocks in the market, and that a smooth 21 proposed rule change will result in any to the close. No commenter expressed opening for these stocks is critical to burden on competition that is not 24 support for the proposal to implement investors. Nasdaq also states that some necessary or appropriate in furtherance Trade-or-Move requirements prior to the ECNs have implemented systems to of the purposes of the Exchange Act. market close. differentiate between agency and In light of the comments received and principal order flow from market C. Self-Regulatory Organization’s the implementation of SuperSOES, makers.25 Statement on Comments on the Nasdaq has decided to withdraw its Proposed Rule Change Received from 2. Statutory Basis proposal to expand the application of Members, Participants, or Others NASD Rule 4613(e)(1)(C) to the period Nasdaq believes that the proposed prior to the closing. Nasdaq will rule change is consistent with the See response to written comments monitor the effect of SuperSOES at the provisions of section 15A(b)(6) and above. close and will, at a later date, reevaluate section 11A of the Exchange Act. III. Date of Effectiveness of the whether applying the Trade-or-Move Section 15A(b)(6) requires that the rules requirements at the close would Proposed Rule Change and Timing for of a registered national securities Commission Action materially reduce the instances and association are designed to prevent duration of locked and crossed markets fraudulent and manipulative acts and Within 35 days of the date of in Nasdaq. practices, to promote just and equitable publication of this notice in the Federal (b) Amendment No. 3. principals of trade, to foster cooperation Register or within such longer period (i) One commenter suggested that and coordination with persons engaged as the Commission may designate up to Nasdaq revise the Trade-or-Move in regulating, clearing, settling, 90 days of such date if it finds such requirements to provide that, for processing information with respect to, purposes of the Trade-or-Move rule, all longer period to be appropriate and and facilitating transactions in ECN orders be treated as agency publishes its reasons for so finding or orders.22 The commenter asserted that securities, to remove impediments to (ii) as to which the Exchange consents, the change was necessary because an and perfect the mechanism of a free and the Commission will: ECN could incur principal liability open market and a national market (A) By order approve such proposed when routing a Trade-or-Move Message system, and, in general, to protect rule change, or investors and the public interest; and where the underlying subscriber order (B) Institute proceedings to determine was for a size smaller than the required are not designed to permit unfair discrimination between customers, whether the proposed rule change minimum message size. The commenter should be disapproved. maintained that the proposal would issuers, brokers, or dealers. Section materially increase the principal 11A(a)(1)(C) provides that is in the IV. Solicitation of Comments liability risk to ECNs by doubling the public interest and appropriate for the minimum Trade-or-Move Message size protection of investors and the Interested persons are invited to requirement from 5,000 shares to 10,000 maintenance of fair and orderly markets submit written data, views, and shares. to assure: (1) Economically efficient arguments concerning the foregoing, In response, Nasdaq asserts that execution of securities transactions; (2) including whether Amendment Nos. 2 permitting market makers to transform fair competition among brokers and and 3 are consistent with the Exchange their orders into agency orders by dealers; (3) the availability to brokers, Act. Persons making written sending them to an ECN would dealers and investors of information submissions should file six copies undermine the progress that the Trade- with respect to quotations and thereof with the Secretary, Securities or-Move requirements have made transactions in securities; (4) the and Exchange Commission, 450 Fifth towards eliminating locked and crossed practicability of brokers executing Street, NW., Washington, DC 20549– markets in Nasdaq.23 In addition, investors orders in the best market; and 0609. Copies of the submission, all Nasdaq maintains that the benefit to the (5) an opportunity for investors orders subsequent amendments, all written overall market of raising the minimum to be executed without the participation statements with respect to the proposed Trade-or-Move Message size of a dealer. rule change that are filed with the Nasdaq believes that the proposed Commission, and all written 20 See NDB Letter; Schwab Letter; Archipelago amendments to NASD Rule 4613(e) are communications relating to the Letter, supra note 4. consistent with sections 15A(b)(6) and proposed rule change between the 21 See Knight Letter, supra note 4. 11A(a)(1)(C) of the Exchange Act. By Commission and any person, other than 22 See BRUT Letter, supra note 4. NASD Rule 4613(e)(1)(C)(iv) states that, for purposes of that attempting to resolve locks and crosses those that may be withheld from the rule, an ‘agency order’ means an order(s) that is for at the market opening, the proposed public in accordance with the the benefit of the account of a natural person amendments foster cooperation and provisions of 5 U.S.C. 552, will be executing securities transactions with or through or coordination with members. The available for inspection and copying in receiving investment banking services from a broker/dealer, or for the benefit of an ‘institutional proposal also ensures the fair and the Commission’s Public Reference account’ as defined in NASD Rule 3110. An agency orderly operation of Nasdaq and the Room. Copies of such filing will also be order shall not include an order(s) that is for the protection of investors, as its purpose is available for inspection and copying at benefit of a market maker in the security at issue, to limit the disruptions to the Nasdaq the principal office of the NASD. All but shall include an order(s) that is for the benefit of a broker/dealer that is not a market maker in the submissions should refer to file number security at issue.’’ 24 See Amendment No. 3, supra note 6. SR–NASD–00–76 and should be 23 See Amendment No. 3, supra note 6. 25 See Amendment No. 3, supra note 6. submitted by April 1, 2002.
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For the Commission, by the Division of numbering of the footnotes in the Stations/logons 1—10—$200 Market Regulation, pursuant to delegated narrative portion of the filing and Stations/logons 11—25—$100 authority.26 changes the text of the fee schedule to Stations/logons 26 and above—$50 Jill M. Peterson, provide that revenue sharing amounts • Proprietary interface license Per Assistant Secretary. will be paid on a monthly basis. The license— [FR Doc. 02–5816 Filed 3–8–02; 8:45 am] changes made by Amendment No. 1 API specification $500— BILLING CODE 8010–01–P were inadvertently omitted from the FIX (customized protocol)—$500 notice regarding filing and immediate Network effectiveness of the proposed rule • SECURITIES AND EXCHANGE change that the Commission published Dedicated line—Per line— COMMISSION 5 256K primary with backup—$1,564 on January 24, 2002. Accordingly, the • Commission is publishing this corrected Installation/Uninstall—$1,000 per [Release No. 34–45285A; File No. SR– Nasdaq Staff site visit NASD–2001–93] notice to solicit comments on the proposed rule change, as amended, from * * * * * Self-Regulatory Organizations; Notice interested persons. II. Self-Regulatory Organization’s of Filing and Immediate Effectiveness I. Self-Regulatory Organization’s Statement of the Purpose of, and of Proposed Rule Change by National Statement of the Terms of Substance of Statutory Basis for, the Proposed Rule Association of Securities Dealers, Inc. the Proposed Rule Change Change Relating to Fees Associated with the Nasdaq Application of the Primex Nasdaq is proposing to amend NASD In its filing with the Commission, Auction SystemTM; Correction Rule 7010 to establish the fee schedule Nasdaq included statements concerning for Nasdaq’s application of the Primex the purpose of and basis for the March 5, 2002. Auction System.TM Below is the text of proposed rule change and discussed any Pursuant to section 19(b)(1) of the the proposed rule change, as amended. comments it received on the proposed Securities Exchange Act of 1934 Proposed new language is in italics. rule change. The text of these statements (‘‘Act’’),1 and Rule 19b-4 thereunder,2 may be examined at the places specified 7010. System Services notice is hereby given that on December in Item IV below. Nasdaq has prepared 17, 2001, the National Association of (a)–(q) No changes. summaries, set forth in Sections A, B, Securities Dealers, Inc., (‘‘NASD’’ or (r) Nasdaq Application of the Primex and C below, of the most significant ‘‘Association’’) through its subsidiary Auction SystemTM aspects of such statements. The Nasdaq Stock Market, Inc. The following charges shall apply to A. Self-Regulatory Organization’s (‘‘Nasdaq’’), filed with the Securities the use of the Nasdaq Application of the Statement of the Purpose of, and and Exchange Commission (‘‘SEC’’ or Primex Auction System: Statutory Basis for, the Proposed Rule ‘‘Commission’’) the proposed rule (1) Transaction Charges: Change change as described in Items I, II, and Execution Services —for all III below, which Items have been participants: 1. Purpose • Order entry—No fee prepared by Nasdaq. Nasdaq has • Auction Response—per share, per On August 17, 2001, Nasdaq filed a designated this proposal as one execution—$5.00 maximum).* $.01 Form PILOT to commence operation of constituting a fee filing under section Matching Rights—Primex Auction the Primex system.6 The System is 19(b)(3)(A) of the Act, which renders the Market Makers (PAMMs) only: designed to replicate, in an electronic rule effective upon the Commission’s • 50 Percent Match—No fee form, the competitive trading crowd that receipt of this filing. Nasdaq will not • Two-Cent Match (per share, per is associated with an auction market. assess fees pursuant to this fee schedule retained order—$2.50 Maximum).** The System is completely voluntary and for approximately the first three months $.0025 available to any NASD member in good after the Nasdaq application of the Revenue Sharing—PAMMs only standing. Non-NASD members can • *** 1 Primex Auction System (‘‘Primex’’ or Each order executed: — ⁄3 of access the System through an NASD 3 ‘‘System’’) is operational. Nasdaq transaction fee member that subscribes to Primex. intends to begin assessing fees pursuant (2) Monthly Access fees Members that desire access to the to this fee schedule beginning on April Software System must execute the necessary 1, 2002. However, Nasdaq will issue a • agreements with Nasdaq. Members Head Trader Alert to notify users of the Workstation license or unique logon—Per workstation logon granted access to the System are referred exact date it will begin assessing fees. to as Participants. There are two types On December 17, 2001, Nasdaq filed Special Counsel, Division of Market Regulation of Participants in Primex: (1) Crowd Amendment No. 1 to the proposed rule Participants, and (2) Primex Auction 4 (‘‘Division’’), Commission, dated December 17, change. Amendment No. 1 corrects the 2001. Market Makers (‘‘PAMMs.’’) 5 See Securities Exchange Act Release No. 45285 By becoming a Participant, members 26 17 CFR 200.30–3(a)(12). (January 15, 2002), 67 FR 3521. automatically receive the right to trade 1 15 U.S.C. 78s(b)(1). * This fee applies to both Indications and ‘‘real- 2 17 CFR 240.19b–4. time’’ Responses. When two orders match directly, as Crowd Participants. Crowd 3 As described above, Nasdaq will not assess any a fee is charged to the party that entered the second Participants can view all orders exposed fees pursuant to the fee schedule during the initial order. in the System; interact with any order few months the System is operating, which also **This fee is charged in the event a PAMM put to auction by responding to the means Nasdaq will not share any transaction fees attaches its matching right to an order, and the auction using all of the System’s in accordance with the fee schedule during such crowd offers two cents or less price improvement to period. However, Primex Trading N.A., L.L.C., an that order. response tools; submit orders to be entity independent of Nasdaq and the licensor of *** Paid to a PAMM when it enters an order that the System, has indicated it will pay any revenue interacts with crowd interest in the system. Revenue 6 The Form PILOT was amended on November sharing amounts earned by participants during such sharing applies only to orders in those securities in 26, 2001. See Letter from Peter R. Geraghty, period. which the firm is registered as a PAMM. The Associate General Counsel, Nasdaq, to John Polise, 4 See letter from Peter R. Geraghty, Associate revenue sharing amounts will be paid on a monthly Senior Special Counsel, Division, Commission, General Counsel, Nasdaq, to John Polise, Senior basis. dated November 26, 2001.
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auctioned; and trade as principal, agent, Primex Participants will be charged a Participant (e.g., PAMM) are subject to or riskless principal. Crowd Participants monthly fee for this independent the same fees. can interact with orders being auctioned network. In addition, Participants will B. Self-Regulatory Organization’s by submitting Indications, which are be charged for each visit by Nasdaq staff Statement on Burden on Competition instructions to the System that can to install, or uninstall, software or reside within the System and hardware necessary to access the Nasdaq does not believe that the automatically respond in a certain System. proposed rule change will result in any manner to an auction if and when In addition to monthly charges, burden on competition that is not orders put to auction are available, or by Nasdaq will impose fees based on orders necessary or appropriate in furtherance submitting a Response. A Response is executed through the System. As set of the purposes of the Act. an individual instruction that is entered forth in the schedule of fees, no fee is C. Self-Regulatory Organization’s and responds in ‘‘real time’’ to orders charged for submitting an order to Statement on Comments on the being auctioned. A firm that elects to auction, and in general no fee is charged Proposed Rule Change Received from register as a PAMM has the same rights 10 to have such orders executed. Members, Participants, or Others and entitlements as Crowd Participants, Execution fees are only charged against but because they elect to meet other Participants that extract liquidity by Written comments were neither additional qualifications, 7 PAMMS are responding to, and executing against, solicited nor received. entitled to additional privileges. For orders submitted for auction. This III. Date of Effectiveness of the example, PAMMS are entitled to use the execution fee is a penny per share with Proposed Rule Change and Timing for System’s automated Match Parameters a maximum charge of $5.00 per Commission Action allowing them to participate in the execution. Accordingly, the fee would The foregoing rule change, as execution of their own customer orders be charged to a Participant for any amended, has become effective upon submitted to the System (e.g., the Two execution resulting from that 8 filing pursuant to section 19(b)(3)(A) of Cent Match Parameter or the 50% Participant’s Indication or real-time 9 the Act 12 and paragraph (f)(2) of Rule Match Parameter ). PAMMs also are Response that interacted with an order 19b–4 thereunder 13 in that it establishes entitled to revenue sharing, allowing put to auction. the fee schedule for the use of a Nasdaq PAMMs to share in the transaction fee In addition, and as discussed above, system. paid by other participants when such PAMMs have the option of attaching participants execute against an order At any time within 60 days of the certain matching rights on orders they filing of the proposed rule change, the submitted to auction by a PAMM. submit to the System. Nasdaq will Nasdaq will impose monthly fees to Commission may summarily abrogate impose a fee when a PAMM utilizes the the rule change if it appears to the access the System. These fees vary Two-Cent Match feature and retains an based on the method chosen by the Commission that such action is order for execution. In such Participant to access the System. The necessary or appropriate in the public circumstances, the PAMM will be System will operate on a network that interest, for the protection of investors, charged $.0025 per share, with a $2.50 is independent from Nasdaq’s other or otherwise in furtherance of the maximum per retained order. If the existing systems (e.g., SuperSoes ). purposes of the Act. SM PAMM does not retain the order because the order is executed against IV. Solicitation of Comments 7 The requirements to be become and maintain registration as a PAMM are contained in NASD the Crowd Participant(s) who has Interested persons are invited to Rule 5020. In general, a PAMM for a particular offered more that two cents of price submit written data, views, and security eligible for trading in the System must be improvement, there is no charge to the either: (1) A Nasdaq market maker in the security, arguments concerning the foregoing, if the security is listed on Nasdaq; or (2) a PAMM. Instead, Nasdaq will share with including whether the proposed rule Consolidated Quotation System market maker, if the PAMM one-third of the transaction change, as amended, is consistent with the security is listed on an exchange. PAMMs may fee collected for such transaction. the Act. Persons making written retain their PAMM status for a prospective calendar Nasdaq has decided to share the quarter provided they had qualified by submitting submissions should file six copies to the System a minimum percentage of certain transaction fee in these circumstances to thereof with the Secretary, Securities order-types in the previous calendar quarter, as encourage PAMMS to submit orders for and Exchange Commission, 450 Fifth detailed in NASD Rule 5020. There never is any auction in the System. The revenue Street, NW, Washington, DC 20549– requirement for participants to register as a PAMM sharing amounts will be paid on a 0609. Copies of the submission, all or to submit any amount of orders at any time. monthly basis. 8 A complete description of the matching subsequent amendments, all written parameters and their operation are contained in 2. Statutory Basis statements with respect to the amended NASD Rule 5014. Generally, however, when a proposed rule change that are filed with PAMM submits an order to the System with the Nasdaq believes that the proposed the Commission, and all written Two Cent Match parameter, and there is interest rule change is consistent with the from the Crowd that can satisfy the order, the order communications relating to the entered with the Two Cent Match will be executed provisions of section 15A(b)(5) of the proposed rule change between the 11 against such interest by the Crowd during its Act in that the proposed fees provide Commission and any person, other than exposure, provided that such Crowd interest offers for the equitable allocation of reasonable those that may be withheld from the to provide price improvement greater than two fees among members. The fees apply cents superior to the best quote publicly displayed public in accordance with the in the National Best Bid/Offer (‘‘NBBO’’) at the time equally to all Participants in the System, provisions of 5 U.S.C. 552, will be such Crowd interest is available. based upon the category the member has available for inspection and copying in 9 Generally, when a PAMM submits an order to chosen to participate in the System. All the Commission’s Public Reference the System with the 50% Match parameter, the members in the same category of order will be executed against any interest by the Room. Copies of such filing will also be Crowd that satisfies the order during its exposure available for inspection and copying at at the price(s) and size of such Crowd interest, for 10 The one exception is where an order submitted the principal office of the NASD. All no more than 50% of the order. Any execution with to auction directly meets and interacts with another submissions should refer to the file the Crowd will immediately cause the System to order submitted to auction, in which case the provide the order with an additional execution of second order is treated as a Response, and is like size and price against the PAMM that entered charged a fee accordingly. 12 15 U.S.C. 78s(b)(3)(A). the order. 11 15 U.S.C. 78k–1(b)(5). 13 17 CFR 240.19b–4(f)(2).
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number SR-NASD–2001–93 and should Dated: March 1, 2002. that Cameroon has adopted an effective be submitted by April 1, 2002. Patricia S. Harrison, visa system and related procedures to For the Commission, by the Division of Assistant Secretary for Educational and prevent unlawful transshipment and the Market Regulation, pursuant to delegated Cultural Affairs, United States Department use of counterfeit documents in of State. authority.14 connection with shipments of textile [FR Doc. 02–5769 Filed 3–8–02; 8:45 am] and apparel articles and has Jill M. Peterson, BILLING CODE 4710–08–P implemented and follows, or is making Assistant Secretary. substantial progress toward [FR Doc. 02–5817 Filed 3–8–02; 8:45 am] implementing and following, the BILLING CODE 8010–01–P DEPARTMENT OF STATE customs procedures required by the [Public Notice 3942] African Growth and Opportunity Act (AGOA). Therefore, imports of eligible Notice of Proposal To Extend U.S.- products from Cameroon qualify for the DEPARTMENT OF STATE Guatemala Memorandum of textile and apparel benefits provided Understanding under the AGOA. [Public Notice 3941] DATES: Effective March 1, 2002. AGENCY: Department of State. FOR FURTHER INFORMATION CONTACT: Culturally Significant Objects Imported ACTION: Notice of Proposal to Extend Chris Moore, Director for African for Exhibition Determinations: ‘‘The Art U.S.-Guatemala. Affairs, Office of the United States and Politics of Arthur Szyk’’ Trade Representative, (202) 395–9514. Memorandum of Understanding SUPPLEMENTARY INFORMATION: The AGENCY: United States Department of The Government of the Republic of AGOA (Title I of the Trade and State. Guatemala has indicated its interest in Development Act of 2000, Pub. L. 106– ACTION: Notice. an extension of the Memorandum of 200) provides preferential tariff Understanding between the Government treatment for imports of certain textile of the United States of America and the SUMMARY: Notice is hereby given of the and apparel products of beneficiary sub- Government of the Republic of following determinations: Pursuant to Saharan African countries. The textile Guatemala Concerning the Imposition and apparel trade benefits under the the authority vested in me by the Act of of Import Restrictions on Archaeological AGOA are available to imports of October 19, 1965 (79 Stat. 985; 22 U.S.C. Objects and Materials from the Pre- eligible products from countries that the 2459), Executive Order 12047 of March Columbian Cultures of Guatemala, President designates as ‘‘beneficiary 27, 1978, the Foreign Affairs Reform and signed on September 29, 1997. Pursuant sub-Saharan African countries,’’ Restructuring Act of 1998 (112 Stat. to the authority vested in the president’s provided that these countries (1) have 2681, et seq.; 22 U.S.C. 6501 note, et designee under Department of State adopted an effective visa system and seq.), Delegation of Authority No. 234 of Delegation of Authority No. 236–3, and related procedures to prevent unlawful October 1, 1999 (64 FR 56014), and pursuant to the requirement under 19 transshipment and the use of counterfeit Delegation of Authority No. 236 of U.S.C. 2602(f)(1), an extension of this documents, and (2) have implemented October 19, 1999 (64 FR 57920), as MOU is hereby proposed. Pursuant to and follow, or are making substantial amended, I hereby determine that the 19 U.S.C. 2602(f)(2), the views and progress toward implementing and objects to be included in the exhibition, recommendations of the Cultural following, certain customs procedures ‘‘The Art and Politics of Arthur Szyk,’’ Property Advisory Committee regarding that assist the Customs Service in imported from abroad for temporary this proposal will be requested. verifying the origin of the products. exhibition within the United States, are A copy of this Memorandum of In Proclamation 7350 (Oct. 2, 2000), of cultural significance. These objects Understanding, the designated list of the President designated Cameroon as a are imported pursuant to a loan restricted categories of material, and ‘‘beneficiary sub-Saharan African agreement with a foreign lender. I also related information can be found at the country.’’ Proclamation 7350 delegated determine that the exhibition or display following Web site: http:// to the United States Trade of the exhibit objects at the United exchanges.state.gov/education/culprop. Representative the authority to States Holocaust Memorial Museum, Dated: March 5, 2002. determine whether designated countries Washington, DC, from on or about April Patricia S. Harrison, have met the two requirements 11, 2002, to on or about October 14, described above. The President directed Assistant Secretary for Educational and 2002, and at possible additional venues Cultural Affairs, Department of State. the USTR to announce any such determinations in the Federal Register yet to be determined, is in the national [FR Doc. 02–5767 Filed 3–8–02; 8:45 am] interest. Public Notice of these and to implement them through BILLING CODE 4710–11–P determinations is ordered to be modifications of the Harmonized Tariff published in the Federal Register. Schedule of the United States (HTS). Based on actions that Cameroon has FOR FURTHER INFORMATION CONTACT: For OFFICE OF THE UNITED STATES taken, I have determined that Cameroon further information, including a list of TRADE REPRESENTATIVE has satisfied these two requirements. exhibit objects, contact Paul W. Accordingly, pursuant to the Determinations Under the African Manning, Attorney-Adviser, Office of authority vested in the USTR by Growth and Opportunity Act the Legal Adviser, 202/619–5997, and Proclamation 7350, U.S. note 7(a) to the address is United States Department AGENCY: Office of the United States subchapter II of chapter 98 of the HTS of State, SA–44, Room 700, 301 4th Trade Representative. and U.S. note 1 to subchapter XIX of Street, SW., Washington, DC 20547– ACTION: Notice. chapter 98 of the HTS are each modified 0001. by inserting ‘‘Cameroon’’ in alphabetical SUMMARY: The United States Trade sequence in the list of countries. The 14 17 CFR 200.30–3(a)(12). Representative (USTR) has determined foregoing modifications to the HTS are
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effective with respect to articles entered, Processes for PAH Shipments,’’ ‘‘PAH prepared for a proposed highway project or withdrawn from warehouse for Transition to New Quality System in San Joaquin County, California. consumption, on or after the effective Requirements,’’ and ‘‘ARAC Working FOR FURTHER INFORMATION CONTACT: date of this notice. Importers claiming Group Advisory Circular Proposal.’’ Michael G. Ritchie, Division preferential tariff treatment under the 4. A status report on the Parts and Administrator, Federal Highway AGOA for entries of textile and apparel Production Certification Working Administration, California Division, 980 articles should ensure that those entries Group’s remaining tasks. Ninth St., Suite 400, Sacramento, meet the applicable visa requirements. 5. A status report on the FAA California 95814–2724. See Visa Requirements Under the submitted rulemaking projects for SUPPLEMENTARY INFORMATION: The African Growth and Opportunity Act 66 ‘‘Establishment of Organization FHWA, in cooperation with the FR 7837 (2001). Designation Authorization (ODA) California Department of Transportation Procedures’’, and ‘‘Production Robert B. Zoellick, (Caltrans), will prepare an Certification and Parts Manufacturing.’’ Environmental Impact Statement (EIS) United States Trade Representative. 6. A discussion of future meeting [FR Doc. 02–5766 Filed 3–8–02; 8:45 am] on a proposal to improve State Route dates, locations, activities, and plans. (SR) 99 in San Joaquin County, BILLING CODE 3190–01–M Attendance is open to the interested California. The proposed improvement public, but will be limited to the space would involve widening SR 99 from available. The FAA will arrange four lanes to six lanes from 0.6 DEPARTMENT OF TRANSPORTATION teleconference capability for individuals kilometers north of Arch Road to 0.2 wishing to participate by teleconference kilometers south of SR 4 West, in Federal Aviation Administration if we receive notification before March Stockton, San Joaquin County, 15, 2002. Arrangements to participate by California. Depending on the alternative Aviation Rulemaking Advisory teleconference can be made by Committee; Aircraft Certification selected, this project proposes to also contacting the person listed in the FOR Procedures Issues Meeting remove the existing South Stockton FURTHER INFORMATION CONTACT section. over-crossing (#29–156) and the Clark Callers outside the Washington AGENCY: Federal Aviation Drive ‘‘button hook’’ ramps. The project metropolitan area will be responsible for Administration (FAA), DOT. would evaluate the feasibility of paying long distance charges. ACTION: Notice of public meeting. eliminating existing freeway access at The public must make arrangements the Farmington Road (SR 4 East) SUMMARY: This notice announces a by March 15, 2002, to present oral interchange and constructing frontage public meeting of the Federal Aviation statements at the meeting. The public roads between Farmington Road (SR 4 Administration’s Aviation Rulemaking may present written statements to the East) and Mariposa Road to maintain Advisory Committee to discuss Aircraft committee at any time by providing 25 continuity through the SR 4 East system. Certification Procedures issues. copies to the Assistant Executive The proposed project would extend Director, or by bringing the copies to the DATES: The meeting will be held on Netherton Avenue to Mariposa Road. It meeting. Public statements will only be March 21, 2002, from 8:30 a.m. to 11:30 would reconstruct the Farmington Road considered if time permits. In addition, a.m. Arrange for oral presentations by (SR 4 East), Mariposa Road, and Charter sign and oral interpretation, as well as March 15, 2002. Way interchanges and replace all an assistive listening device, can be ADDRESSES: The meeting will be held at existing bridges within the project limits made available at the meeting, if the General Aviation Manufacturers to meet width and vertical clearance requested 10 calendar days before the Association, 1400 K Street, NW., Suite standards with provisions for the meeting. Arrangements may be made by 801, Washington, DC 20005–2485. ultimate eight-lane freeway concept. contacting the person listed under the FOR FURTHER INFORMATION CONTACT: Alternatives under consideration Maisa Mullen, FAA, Office of heading FOR FURTHER INFORMATION include (1) taking no action, (2) CONTACT. Rulemaking (ARM–205), 800 widening into the median leaving a Independence Avenue, SW., Issued in Washington, DC, on March 6, median that would vary between 3.8 Washington, DC 20591; telephone: (202) 2002. meters and 7.1 meters, (3) widening into 267–7653, fax: (202) 267–5075. Tony Fazio, the median and to the outside leaving a SUPPLEMENTARY INFORMATION: Pursuant Executive Director, Aviation Rulemaking median that would vary form 7.1 meters to section 10(a)(2) of the Federal Advisory Committee. to 10.8 meters and, (4) reconstructing SR Advisory Committee Act (Pub. L. 92– [FR Doc. 02–5789 Filed 3–6–02; 8:45 am] 99 to full standards with an 18-meter 463; 5 U.S.C. App. II), notice is hereby BILLING CODE 4910–13–M median. given of a meeting of the Aviation Letters describing the proposed action Rulemaking Advisory Committee to be and soliciting comments will be sent to held on March 212, 2002, from 8:30 a.m. DEPARTMENT OF TRANSPORTATION the appropriate federal, state, and local to 11:30 a.m. at the General Aviation agencies, and to private organizations Federal Highway Administration Manufacturers Association, 1400 K and citizens who have previously expressed or are known to have interest Street, NW., Suite 801, Washington, DC Environmental Impact Statement; San in this proposal. A public hearing will 20005–2485. The agenda will include: Joaquin County, CA 1. Opening Remarks. be held. Public notice will be given of 2. Committee Administration. AGENCY: Federal Highway the time and place of the hearing. The 3. A discussion and vote on the Parts Administration (FHWA), Department of draft EIS will be available for public and and Production Certification Working Transportation. agency review and comment before the Group draft advisory documents, ACTION: Notice of Intent. public hearing. entitled ‘‘Means of Compliance with To ensure that all concerns and issues Proposed Quality System SUMMARY: The FHWA is issuing this related to this proposed action are Requirements,’’ ‘‘Recommendation for notice to advise the public that an addressed and identified, comments and Consistent Application of ODAR environmental impact statement will be suggestions are invited from all
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interested parties. If you have any to Route 9A are considered necessary to Issued on: February 25, 2002. information regarding historic provide for the existing and projected Douglas P. Conlan, resources, endangered species, or other traffic demand and to improve safety. District Engineer, Federal Highway sensitive issues that could be affected by Also, included in this proposal is the Administration, Albany, New York. this project, please notify this office. replacement of the existing Route 100C [FR Doc. 02–5759 Filed 3–8–02; 8:45 am] Also, please indicate if you would be bridge over Route 9A and a new I–287 BILLING CODE 4910–22–M interested in being notified at the eastbound exit ramp to Route 9A. completion of historic resources studies. Alternatives under consideration Comments or questions concerning include: (1) Taking no actions; (2) DEPARTMENT OF VETERANS this proposed action and the EIS should widening and reconstructing Route 9A; AFFAIRS be directed to the FHWA at the address (3) widening and reconstructing Route provided above. 9A and providing a new eastbound [OMB Control No. 2900–0601] (Catalog of Federal Domestic Assistance Cross Westchester Expressway (Route I– 287) off ramp; (4) widening and Agency Information Collection Program Number 20.205, Highway Research, Activities Under OMB Review Planning, and Construction. The regulations reconstructing 9A, providing new implementing Executive Order 12372 eastbound Cross Westchester AGENCY: Veterans Benefits regarding intergovernmental consultation on Expressway (Route I–287) off ramp, and Administration, Department of Veterans Federal programs and activities apply to this improving access to major industrial/ Affairs. program.) commercial area; and (5) constructing a ACTION: Notice. Issued on: January 29, 2002. bypass on new alignment in association Maiser Khaled, with the widening and reconstruction of SUMMARY: In compliance with the District Engineer, Sacramento, California. Route 9A. Incorporated into and studied Paperwork Reduction Act (PRA) of 1995 with the various build alternatives will [FR Doc. 02–5758 Filed 3–8–02; 8:45 am] (44 U.S.C., 3501 et seq.), this notice be design variations of grade and BILLING CODE 4910–22–M announces that the Veterans Benefits alignment. Administration (VBA), Department of Letter describing the proposed action Veterans Affairs, has submitted the DEPARTMENT OF TRANSPORTATION and soliciting comments will be sent to collection of information abstracted appropriate Federal, State, and local below to the Office of Management and Federal Highway Administration agencies, and to private organizations Budget (OMB) for review and comment. and citizens who have previously The PRA submission describes the Environmental Impact Statement: expressed interest in this proposal. A nature of the information collection and Westchester County, New York series of public information meetings its expected cost and burden; it includes will be held in the Town of Greenburg the actual data collection instrument. AGENCY: Federal Highway between March 2002 and June 2003. In DATES: Comments must be submitted on Administration (FHWA), DOT. addition, a public hearing will be held. or before April 10, 2002. ACTION: Notice of intent. Public notice will be given of the time and place of the meetings and hearing. ADDRESSES: Send comments and SUMMARY: The FHWA is issuing this The draft EIS, when prepared, will be recommendations concerning any notice to advise the public that an available for public and agency review aspect of the information collection to environmental impact statement will be and comment. A formal NEPA scoping VA’s Desk Officer, OMB Human prepared for a proposed highway project meeting will be held at the Greenburgh Resources and Housing Branch, New in Westchester County, New York. Town Hall, 320 Tarrytown Road, Executive Office Building, Room 10235, FOR FURTHER INFORMATION CONTACT: Elmsford, New York 10523, on Washington, DC 20503, (202) 395–7316. Robert A. Dennison III, P.E., Regional Wednesday, March 27, 2002. At 3:30 Please refer to ‘‘OMB Control No. 2900– Director, NYSDOT Region 8; Eleanor P.M. a meeting will be held for Federal, 0601’’ in any correspondence. Roosevelt State Office Building; 4 State, and Local agencies and at 7:15 FOR FURTHER INFORMATION OR A COPY OF Burnett Boulevard; Poughkeepsie, NY P.M. a meeting for the general public THE SUBMISSION CONTACT: Denise 12603; Telephone: (845) 431–5750; or, and all interested parties. Each meeting McLamb, Information Management Robert E. Arnold, Division will be preceded by a 30-minute open Service (045A4), Department of Administrator, Federal Highway house during which attendees can view Veterans Affairs, 810 Vermont Avenue, Administration, New York Division, Leo concept plans and interact with project NW, Washington, DC 20420, (202) 273– W. O’Brien Federal Building, Room 719, team members. 8030 or FAX (202) 273–5981. Please Clinton Avenue and North Pearl Street, To ensure that the full range of issues refer to ‘‘OMB Control No. 2900–0601.’’ Albany, New York 12207; Telephone: related to this proposed action are SUPPLEMENTARY INFORMATION: (518) 431–4127. addressed and all significant issues Title: Loan Guaranty: Requirements SUPPLEMENTARY INFORMATION: The identified, comments and suggestions for Interest Rate Reduction Refinancing FHWA, in cooperation with the New are invited from all interested parties. Loans. York State Department of Comments or questions concerning this OMB Control Number: 2900–0601. Transportation (NYSDOT), will prepare proposed action and the EIS should be Type of Review: Extension of a an environmental impact statement directed to the NYSDOT or FHWA at currently approved collection. (EIS) on a proposal to improve NYS the addresses provided above. Abstract: VA is authorized to Route 9A in Westchester County, New guarantee loans to veterans to refinance (Catalog of Federal Domestic Assistance York. The proposed improvements will Program Number 20.205, Highway Research, existing mortgage loans previously involve the reconstruction of Planning and Construction. The regulations guaranteed by VA provided the veteran approximately 2.5 miles of the existing implementing Executive Order 12372 still owns the property used as security route from just south of Route 119 to regarding intergovernmental consultation on for the loan. Lenders must collect just north of Route 100C in the Towns Federal programs and activities apply to this certain information concerning the of Greenburgh and Mount Pleasant and program.) veteran and the veteran’s credit history Village of Elmsford. The improvements Authority: 23 U.S.C. 315; 23 CFR 771.123. (and spouse or other co-borrower, as
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applicable) in order to properly Washington, DC 20503 (202) 395–7316. DEPARTMENT OF VETERANS underwrite delinquent Interest Rate Please refer to ‘‘OMB Control No. 2900– AFFAIRS Reduction Refinancing Loan (IRRRLs). 0614’’ in any correspondence. [OMB Control No. 2900–0166] Under these proposed requirements, VA FOR FURTHER INFORMATION OR A COPY OF proposes to require that the lender THE SUBMISSION CONTACT: Denise Agency Information Collection provide VA with the credit information McLamb, Information Management Activities Under OMB Review to assure itself that IRRRLs to refinance Service (045A4), Department of delinquent loans are underwritten in AGENCY: Veterans Benefits Veterans Affairs, 810 Vermont Avenue, reasonable and prudent manner. Administration, Department of Veterans NW., Washington, DC 20420, (202) 273– An agency may not conduct or Affairs. 8030, FAX (202) 273–5981 or e-mail: sponsor, and a person is not required to [email protected]. Please ACTION: Notice. respond to a collection of information refer to ‘‘OMB Control No. 2900–0614.’’ unless it displays a currently valid OMB SUMMARY: In compliance with the control number. The Federal Register SUPPLEMENTARY INFORMATION: Paperwork Reduction Act (PRA) of 1995 Notice with a 60-day comment period Title: 4th Phase Supplement, (44 U.S.C., 3501 et seq.), this notice soliciting comments on this collection ‘‘Measurement/Validation of announces that the Veterans Benefits of information was published on Psychosocial Risk and Resilience Administration (VBA), Department of October 26, 2001, at page 54341. Factors Accounting for Physical/Mental Veterans Affairs, has submitted the Affected Public: Business or other for Health and Health Related Quality of collection of information abstracted profit. Life Among Veterans’’, VA Form 10– below to the Office of Management and Estimated Annual Burden: 85 hours. 21036(NR). Budget (OMB) for review and comment. Estimated Average Burden Per The PRA submission describes the Respondent: 30 minutes. OMB Control Number: 2900–0614. nature of the information collection and Frequency of Response: On occasion. Type of Review: Revision of a its expected cost and burden; it includes Estimated Number of Respondents: currently approved collection. the actual data collection instrument. 170. Abstract: Phases I and II of this study DATES: Comments must be submitted on Dated: February 26, 2002. are completed. The collection of or before April 10, 2002. By direction of the Secretary. information associated with Phase III is ADDRESSES: Send comments and Barbara H. Epps, also completed. Phase IV is intended to recommendations concerning any Management Analyst, Information complete VA’s study of the aspect of the information collection to Management Service. ‘‘psychological and biomedical VA’s OMB Desk Officer, OMB Human [FR Doc. 02–5786 Filed 3–8–02; 8:45 am] measurements for early identification of Resources and Housing Branch, New individuals at risk for stress-related BILLING CODE 8320–01–P Executive Office Building, Room 10235, illness.’’ The information collected will Washington, DC 20503 (202) 395–7316. be used to produce a reliable inventory Please refer to ‘‘OMB Control No. 2900– DEPARTMENT OF VETERANS of psychosocial risk and resilience 0166’’ in any correspondence. AFFAIRS factors for contemporary military FOR FURTHER INFORMATION OR A COPY OF personnel and then demonstrate its THE SUBMISSION CONTACT: [OMB Control No. 2900–0614] Denise validity vis-a`-vis Gulf War veterans’ McLamb, Information Management self-reported somatic and psychological Agency Information Collection Service (045A4), Department of symptoms and judgments of health- Activities Under OMB Review Veterans Affairs, 810 Vermont Avenue, related quality of life. NW., Washington, DC 20420, (202) 273– AGENCY: Veterans Health An agency may not conduct or 8030, FAX (202) 273–5981 or e-mail: Administration, Department of Veterans sponsor, and a person is not required to [email protected]. Please Affairs. respond to a collection of information refer to ‘‘OMB Control No. 2900–0166.’’ ACTION: Notice. unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: control number. The Federal Register a. Application for Ordinary Life SUMMARY: In compliance with the Notice with a 60-day comment period Insurance, Replacement Insurance for Paperwork Reduction Act (PRA) of 1995 soliciting comments on this collection Modified Life Reduced at Age 65, (44 U.S.C., 3501 et seq.), this notice of information was published on National Service Life Insurance, VA announces that the Veterans Health December 10, 2001, at page 63746. Form 29–8485. Administration (VHA), Department of Affected Public: Individuals or b. Application for Ordinary Life Veterans Affairs, has submitted the Insurance, Replacement Insurance for collection of information abstracted households. Estimated Annual Burden: 313 hours. Modified Life Reduced at Age 70, below to the Office of Management and National Service Life Insurance, VA Budget (OMB) for review and comment. Estimated Average Burden Per Form 29–8485a. The PRA submission describes the Respondent: 45 minutes. c. Application for Ordinary Life nature of the information collection and Frequency of Response: One time. Insurance, Replacement Insurance for its expected cost and burden; it includes Modified Life Reduced at Age 65, the actual data collection instrument. Estimated Number of Respondents: 417. National Service Life Insurance, VA DATES: Comments must be submitted on Form 29–8700. or before April 10, 2002. Dated: February 27, 2002. d. Information About Modified Life ADDRESSES: Send comments and By direction of the Secretary: Reduction, VA Forms 29–8700a–e. recommendations concerning any Barbara H. Epps, e. Application for Ordinary Life aspect of the information collection to Management Analyst, Information Insurance, Replacement Insurance for VA’s OMB Desk Officer, OMB Human Management Service. Modified Life Reduced at Age 70, Resources and Housing Branch, New [FR Doc. 02–5787 Filed 3–8–02; 8:45 am] National Service Life Insurance, VA Executive Office Building, Room 10235, BILLING CODE 8320–01–P Form 29–8701.
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f. Information About Modified Life An agency may not conduct or Estimated Average Burden Per Reduction, VA Forms 29–8701a–e. sponsor, and a person is not required to Respondent: 5 minutes. OMB Control Number: 2900–0166. respond to a collection of information Frequency of Response: On occasion. Type of Review: Reinstatement, unless it displays a currently valid OMB Estimated Number of Respondents: without change, of a previously control number. The Federal Register 15,400. approved collection for which approval Notice with a 60-day comment period has expired. soliciting comments on this collection Dated: February 28, 2002. Abstract: The forms are used by the of information was published on May 3, By direction of the Secretary: policyholder to apply for replacement 2001, at page 22284. Barbara H. Epps, insurance for Modified Life Insurance Affected Public: Individuals or Management Analyst, Information Reduced at Ages 65 and 70. The households. Management Service. information is used by VA to initiate the Estimated Annual Burden: 1,284 [FR Doc. 02–5788 Filed 3–8–02; 8:45 am] granting of coverage for which applied. hours. BILLING CODE 8320–01–P
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Notices Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER Reform Act of 1996 (1996 Act). Section Comments should be sent to the Desk contains documents other than rules or 136(a) of the 1996 Act authorizes Officer for Agriculture, Office of proposed rules that are applicable to the payments to eligible U.S. textile Information and Regulatory Affairs, public. Notices of hearings and investigations, manufacturers and exporters under the Office of Management and Budget, committee meetings, agency decisions and Upland Cotton User Marketing Washington, D.C. 20503, and to rulings, delegations of authority, filing of petitions and applications and agency Certificate Program if, for 4 consecutive Timothy Murray at the address listed statements of organization and functions are weeks, (1) the U.S. Northern Europe above. All comments will become a 3 examples of documents appearing in this price, as quoted for Middling 1 ⁄32-inch matter of public record. section. cotton, exceeds the Northern Europe A comment to OMB is best assured of price by more than 1.25 cents per having its full effect if OMB receives it pound, and (2) the prevailing upland within 60 days of publication. DEPARTMENT OF AGRICULTURE cotton adjusted world market price is Signed at Washington, DC, on February 15, less than 134 percent of the current-crop 2002. Commodity Credit Corporation base quality loan rate. Currently, to James R. Little, participate in the program, Request for Reinstatement and Executive Vice President, Commodity Credit manufacturers and exporters must sign Corporation. Revision of a Previously Approved an agreement with CCC using form [FR Doc. 02–5762 Filed 3–8–02; 8:45 am] Information Collection CCC–1045. Domestic manufacturers BILLING CODE 3410–05–P AGENCY: Commodity Credit Corporation must report to CCC their weekly (CCC), USDA. consumption of cotton as a basis for making payments. Exporters must ACTION: Notice and request for DEPARTMENT OF AGRICULTURE comments. provide basic shipping and invoice information for each shipment of cotton. Food Safety and Inspection Service SUMMARY: In accordance with the No change is proposed in the existing Paperwork Reduction Act of 1995, this information collection requirements, [Docket No. 02–001N] and program participants will not be notice announces the intention of CCC Codex Alimentarius Commission: 30th required to sign a new agreement upon to request reinstatement and revision of Session of the Codex Committee on OMB’s extension of this information an information collection previously Food Labelling approved with respect to the Upland collection. CCC provides a suggested Cotton User Marketing Certificate format for the reports but program AGENCY: Office of the Under Secretary Program (Step 2 program). The participants may submit the same for Food Safety, USDA. information collection will allow CCC to information to CCC in a format that is ACTION: Notice of public meeting, administer the Step 2 program. convenient for them. request for comments. DATES: Comments on this notice must be Estimate of Burden: Public reporting received on or before May 10, 2002, to burden for this information collection is SUMMARY: The Office of the Under be assured consideration. estimated to average 14 minutes per Secretary for Food Safety, U.S. response. ADDITIONAL INFORMATION OR COMMENTS: Department of Agriculture (USDA), and Respondents: U.S. cotton exporters Contact Timothy Murray, USDA, Farm the Food and Drug Administration and U.S. cotton mills. (FDA), are sponsoring a public meeting Service Agency, Warehouse and Estimated Number of Respondents: Inventory Division, Inventory on March 19, 2002, to provide 310. information and receive public Management Branch, STOP 0553, 1400 Estimated Number of Responses Per Independence Avenue, SW., comments on agenda items that will be Respondent: 65. discussed at the Codex Committee on Washington, DC 20250–0553, (202) 720– Estimated Total Annual Burden on Food Labelling (CCFL), which will be 7398; e-mail Respondents: 4,700 hours. [email protected]. Comments are requested regarding (a) held in Halifax, Canada on May 6–10, 2002. The Under Secretary and FDA SUPPLEMENTARY INFORMATION: whether the collection of information is necessary for the proper performance of recognize the importance of providing Title: Upland Cotton Domestic User/ interested parties the opportunity to Exporter Agreement and Payment the functions of the agency, including whether the information will have obtain background information on the Program. Thirtieth Session of the Food Labelling OMB Control Number: 0560–0136. practical utility; (b) the accuracy of the Committee of the Codex Alimentarius Expiration Date of Approval: February agency’s estimate of burden including Commission (Codex) and to address 28, 2002. the validity of the methodology and Type of Request: Reinstatement and assumptions used; (c) ways to enhance items on the Agenda for the 30th CCFL. Revision of a Previously-Approved the quality, utility and clarity of the DATES: The public meeting is scheduled Information Collection. information to be collected; and (d) for Tuesday, March 19th, 2002, from 1 Abstract: The information collected ways to minimize the burden of the p.m. to 5 p.m. under OMB Control Number 0560–0136, collection of information on those who ADDRESSES: The public meeting will be as identified above, allows CCC to are to respond, including through the held at the Auditorium, Harvey W. administer the Upland Cotton User use of appropriate automated, Wiley Federal Building, 5100 Paint Agreement and User Marketing electronic, mechanical, or other Branch Parkway, College Park, MD. To Certificate Program as authorized by the technological collection techniques or receive copies of the documents Federal Agriculture Improvement and other forms of information technology. referenced in the notice contact the FSIS
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Docket Clerk, U.S. Department of 1. Adoption of the Agenda. Therefore, to better ensure that these Agriculture, Food Safety and Inspection 2. Matters referred by the Codex groups and others are made aware of Service, Room 102, Cotton Annex, 300 Alimentarius Commission and other this meeting, FSIS will announce it and 12th Street, SW., Washington, DC Codex Committees. provide copies of the Federal Register 20250–3700. The documents will also 3. Consideration of Labelling publication in the FSIS Constituent be accessible via the World Wide Web Provisions in Draft Codex Standards. Update. at the following address: http:// 4. Guidelines for the Production, The Agency provides a weekly FSIS www.codexalimentarius.net. If you have Processing, Labelling and Marketing of Constituent Update, which is comments, please send an original and Organically Produced Foods: Proposed communicated via fax to over 300 two copies to the FSIS Docket Room, Draft Revised Sections: Section 5— organizations and individuals. In Docket #02–001N. All comments Criteria and Annex Annex 2—Permitted addition, the update is available on line submitted will be available for public Substances. through the FSIS Web page located at inspection in the Docket Clerk’s Office 5. (a) Draft Recommendations for the http://www.fsis.usda.gov. The update is between 8:30 a.m. and 4:30 p.m., Labelling of Foods obtained through used to provide information regarding Monday through Friday. Certain Techniques of Genetic Agency policies, procedures, FOR FURTHER INFORMATION CONTACT: Dr. Modification/Genetic Engineering (Draft regulations, Federal Register Notices, F. Edward Scarbrough, U.S. Manager for Amendment to the General Standard for FSIS public meetings, recalls and any Codex, U.S. Codex Office, FSIS Room the Labelling of Prepackaged Foods): other types of information that could 4861, South Building, 1400 Definitions. affect or would be of interest to our Independence Avenue SW., (b) Proposed Draft Recommendations constituents/stakeholders. The Washington, DC 20250–3700, Phone: for the Labelling of Foods obtained constituent fax list consists of industry, (202) 205–7760, Fax: (202) 720–3157. through Certain Techniques of Genetic trade, and farm groups, consumer Persons requiring a sign language Modification/Genetic Engineering interest groups, allied health interpreter or other special (Proposed Draft Guidelines for the professionals, scientific professionals accommodations should notify Dr. F. Labelling of Foods and Food Ingredients and other individuals that have Edward Scarbrough at the above Obtained through Certain Techniques of requested to be included. Through these telephone number. Genetic Modification/Engineering): various channels, the Agency is able to Labelling Provisions. provide information with a much SUPPLEMENTARY INFORMATION: 6. Draft Amendment to the General broader, more diverse audience. Background Standard for the Labelling of For more information and to be added Prepackaged Foods (Class names). to the constituent fax list, fax your Codex was established in 1962 by two 7. Proposed Draft Amendment to the request to the Office of Congressional United Nations organizations, the Food Guidelines on Nutrition Labelling and Public Affairs, at (202) 720–5704. and Agriculture Organization (FAO) and (Section 3.2 Listing of Nutrients). the World Health Organization (WHO). Done at Washington, DC, on March 6, 8. Proposed Draft Recommendations 2002. Codex is the major international for the Use of Health and Nutrition F. Edward Scarbrough, organization for protecting the health Claims. and economic interests of consumers 9. Proposed Draft Amendment to the U.S. Manager for Codex Alimentarius. and encouraging fair international trade General Standard for the Labelling of [FR Doc. 02–5761 Filed 3–8–02; 8:45 am] in food. Through adoption of food Prepackaged Foods: Quantitative BILLING CODE 3410–DM–P standards, codes of practice, and other Declaration of Ingredients. guidelines developed by its committees, 10. Discussion Paper on Country of and by promoting their adoption and Origin Labelling. DEPARTMENT OF AGRICULTURE implementation by governments, Codex 11. Discussion Paper on Misleading Forest Service seeks to ensure that the world’s food Claims. supply is sound, wholesome, free from Each issue listed will be fully Red Star Restoration; Tahoe National adulteration, and correctly labeled. In described in documents distributed, or Forest, Placer County, CA the United States, USDA, FDA, and EPA to be distributed, by the Canadian manage and carry out U.S. Codex Secretariat to the Meeting. Members of AGENCY: Forest Service, USDA. activities. the public may access or request copies ACTION: Notice of intent to prepare an The Codex Committee on Food of these documents (see ADDRESSES). environmental impact statement. Labeling drafts provision on labeling applicable to all foods; considers, Public Meeting SUMMARY: The Star Fire burned 16,600 amends if necessary, and endorses At the March 19th public meeting, the acres in August and September 2001, on specific provisions on labeling of draft agenda items will be described, the Tahoe and Eldorado National standards, codes of practice, and discussed, and attendees will have the Forests. Of the total fire, approximately guidelines prepared by other Codex opportunity to pose questions and offer 9,478 acres of National Forest System committees; studies specific labeling comments. Comments may be sent to (NFS) land burned on the Foresthill problems assigned to it by the the FSIS Docket Room (see ADDRESSES). Ranger District of the Tahoe National Commission; and studies problems Written comments should state that they Forest. The USDA, Forest Service, associated with the advertisement of relate to activities of the 30th CCFL. Tahoe National Forest will prepare an food with particular reference to claims environmental impact statement (EIS) Additional Public Notification and misleading descriptions. The on a proposal to reduce the fuel loading Committee is chaired by Canada. Pursuant to Departmental Regulation by removing fire-killed trees on 4300–4, ‘‘Civil Rights Impact Analysis,’’ approximately 7,700 acres on the Issues To Be Discussed at the Public dated September 22, 1993, FSIS has Foresthill Ranger District as a result of Meeting considered the potential civil rights the Star Fire. The Eldorado National The provisional agenda items will be impact of this notice on minorities, Forest is preparing a separate discussed during the public meeting: women, and persons with disabilities. environmental impact statement for
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NFS land burned on the Eldorado titled designed to be consistent with the 1990 (for approximately 1.2 miles) are within Star Fire Restoration (February 2001). Tahoe National Forest Land and the Duncan Canyon IRA. Both EISs will address cumulative Resource Management Plan as amended The decision to be made is whether to effects of the projects. by the Sierra Nevada Forest Plan implement fuel reduction treatments to The purpose of the project is to Amendment Record of Decision. restore desirable characteristics of the manage predicted surface fuel The Interdisciplinary Team has ecosystem composition and structure accumulations resulting from fire-killed defined fire-killed trees as trees that (Old Forest characteristics) as proposed trees and vegetation to move the have dead (black or brown) crowns. or to take no action. Alternatives to this conditions towards natural fire regimes This approach was used to ensure that proposal would be developed based on more rapidly, re-establish forest only dead, fire-killed trees would be significant issues identified during the vegetation to restore old forest considered for removal. Approximately scoping process for the environmental characteristics and wildlife habitat, 3,700 acres of trees are dead. Stands that impact statement. Alternatives being restore riparian and upslope areas and meet the stand replacement criteria are considered at this time include: (1) No improve current conditions, initiate areas with greater than 75% mortality Action and (2) the Proposed Action. restoration of the scenery and recreation based on stand basal area and Public participation is important experience, operate and manage the considered in the proposed action. during the analysis. The Forest Service road system necessary to provide access, Based on field inventories conducted in will be seeking information, comments, and capture the value of fire-killed trees the fall of 2001, stand replacement is and assistance from the Federal, State, in order to obtain revenue for predicted to occur during the next 1–3 and local agencies and other individuals restoration activities. These actions are years on an additional 4,000 acres. or organizations that may be interested required to reduce the risk of These acres would be monitored and no in or affected by the proposed action. To uncharacteristic wildfire effects and to burned trees would be removed until facilitate public participation, establish forest vegetation to restore the the stand meets the stand replacement information about the proposed action old forest dependent wildlife habitats. criteria and the fire-killed definition is being mailed to all who have DATES: Comments concerning the scope (dead-crown criteria) mentioned above. expressed interest in the proposed and implementation of this proposal The proposed action is to: action based on publication in the should be received by April 8, 2002. 1. Cut and remove dead materials Tahoe National Forest Quarterly ADDRESSES: Send written comments to greater than one-inch diameter at breast Schedule of Proposed Actions and by Karen Jones, Red Star Restoration height (dbh) that is excess to the desired notifying the public during the scoping Project Leader, Tahoe National Forest, condition for fuels reduction, wildlife period by publishing a notice in the 22830 Foresthill Rd, Foresthill, CA retention, and other resource needs. Auburn Journal, Auburn, CA and The 95631 or e-mail to: Remove commercial material and Union, Grass Valley, CA. [email protected]. ground-based equipment on Comments submitted during the scoping process should be in writing, FOR FURTHER INFORMATION CONTACT: approximately 382 acres; with skyline Questions and comments about this EIS yarding systems on approximately 305 and should be specific to the proposed should be directed to Karen Jones, at the acres; and by helicopter yarding systems action. The comments should describe above address, or call her at 530–367– on approximately 2,417 acres. as clearly and completely as possible 2224. Approximately 1,033 acres of those any issues the commenter has with the proposal. The scoping process includes: SUPPLEMENTARY INFORMATION: proposed for helicopter yarding lie within the Duncan Canyon IRA. An (a) Identifying potential issues; Approximately 4,363 acres of the 9,478 (b) Identifying issues to be analyzed additional 1,060 acres of mechanical acres that burned on the Star Fire within in depth; the Tahoe National Forest are within the fuel treatment (piling, hand felling and (c) Eliminating non-significant issues Duncan Canyon Inventoried Roadless piling, crushing, mastication) of smaller or those previously covered by a Area (IRA). The goal of this project is to diameter material is proposed. relevant previous environmental maintain the existing un-roaded 2. Reforest conifer stand with greater analysis; character within the Duncan Canyon than 75 percent mortality by planting (d) Exploring additional alternatives; IRA and reduce fire-killed fuel approximately 3,369 acres of conifer (e) Identifying potential accumulations utilizing helicopter- seedlings. environmental effects of the proposed yarding systems. 3. Provide soil cover by lopping and action and alternatives. The Tahoe National Forest Land and scattering limbs and tops of fire-killed The draft EIS is expected to be filed Resource Management Plan (1990) and trees that are removed. with the Environmental Protection the Sierra Nevada Framework Plan 4. Exclude the removal of fire-killed Agency (EPA) and to be available for Amendment (2001) identifies the trees from within 50 feet of the apparent public review by April 2002. EPA will desired land allocations for this area as high water mark of perennial streams publish a notice of availability of the Inventoried Roadless Area (4,363 acres), and within 25 feet of seasonally flowing draft EIS in the Federal Register. The California spotted owl Protected streams. Outside of these limits, but comment period on the draft EIS will be Activity Centers (PACs) (1,120 acres), within the Riparian Conservation Area 45 days from the date the EPA notice Northern goshawk PACs (730 acres), (RCA) boundaries, remove fire-killed appears in the Federal Register. At that Old Forest Emphasis Areas (7,618 trees by helicopter yarding. time, copies of the draft EIS will be acres), Home Range Core Areas (2,145 5. Cut and remove imminent hazard distributed to interested and affected acres), Defense Zone (316 acres), Threat trees along approximately 11 to 13 miles agencies, organizations, and members of Zone (1,985 acres), and General Forest of the Western States and Tevis Cup the public for their review and (224 acres). Many of the acres overlap Trails. comment. It is very important that those due to shared allocations. Each 6. Perform maintenance and repairs interested in the management of the allocation has a set of standards and on 44 (about 52 miles) of NFS roads. Tahoe National Forest participate at that guidelines that determine how Decommission approximately 11 miles time. management would proceed within the of 22 National Forest System roads after The Forest Service believes it is allocation. The proposed action is fire restoration work. Three of the roads important to give reviewers notice at
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this early stage of several court rulings DEPARTMENT OF AGRICULTURE ADDRESSES: The meeting will be held at related to public participation in the the Miners Inn and Convention Center, environmental review process. First, Forest Service 122 E. Miner Street, Yreka, California. reviewers of a draft EIS must structure FOR FURTHER INFORMATION CONTACT: their participation in the environmental Colville Resource Advisory Committee Heidi Perry, Meeting Coordinator, review of the proposal so that it is (RAC); Meeting USDA, Klamath National Forest, 1312 meaningful and alerts an agency to the AGENCY: Forest Service, USDA. Fairlane Road, Yreka, California 96097, reviewer’s position and contentions, (530) 841–4468; e-mail: Vermont Yankee Nuclear Power Corp. v. ACTION: Notice of meeting. [email protected]. NRDC, 435 U.S. 519, 553 (1978). Also, SUMMARY: The Colville Resource SUPPLEMENTARY INFORMATION: Agenda environmental objections that could be Advisory Council will meet on items to be covered include: (1) Roles raised at the draft EIS stage, but that are Thursday, March 21, 2002 at the and Responsibilities for Advisory not raised until after completion of the Spokane Community College, Colville Committees; (2) Critic Public Proposal final EIS may be waived or dismissed by Campus Room 107 at 985 S. Elm Street, Workshop; (3) Project Submittal the courts, City of Angoon v. Hodel, Colville, Washington. The meeting will Process; (4) Project Timelines and (5) 803f, 2d 1016, 1022 (9th Cir, 1986) and begin at 9 a.m. and conclude at 4 p.m. Public Comment. The meeting is open Wisconsin Heritages, Inc. v. Harris, 490 Agenda items include: (1) Review, to the public. Public input opportunity F. Supp. 1334, 1338 (E.D. Wis. 1980). will be provided and individuals will Because of these court rulings, it is very modify and approve minutes from February meeting; (2) review and have the opportunity to address the important that those interested in this Committee at that time. proposed action participate by the close recommend Title II Projects to be of the comment period so that submitted to the forest designated Dated: March 5, 2002. substantive comments and objections official; (3) review and approve the RAC Margaret J. Boland, are made available to the Forest Service Communication Plan; and (4) develop Forest Supervisor. at a time when it can meaningfully agenda for next meeting. [FR Doc. 02–5701 Filed 3–8–02; 8:45 am] consider them and respond to them in FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410–11–M the final EIS. Direct questions regarding this meeting To assist the Forest Service in to designated federal official, Nora identifying and considering issues and Rasure or Cynthia Reichelt, Public DEPARTMENT OF AGRICULTURE concerns on the proposed action, Affairs Officer, Colville National Forest, Forest Service comments on the proposed action 765 S. Main, Colville, Washington 99114, (509) 684–7000. should be as specific as possible. It is Central Idaho Resource Advisory also helpful if comments refer to Dated: March 1, 2002. Committee, Salmon-Challis National specific pages or chapters of the Nora B. Rasure, Forest, Butte, Custer, and Lemhi proposed action. Comments may also Forrest Supervisor. Counties, ID address the adequacy of the proposed [FR Doc. 02–5700 Filed 3–8–02; 8:45 am] action or the merits of the alternatives AGENCY: Forest Service, USDA. BILLING CODE 3410–11–M formulated and discussed in the ACTION: Notice of meeting of the statement. (Reviewers may wish to refer Resource Advisory Committee. to the Council on Environmental DEPARTMENT OF AGRICULTURE SUMMARY: Quality Regulations for implementing The Central Idaho Resource Advisory Committee will meet at 1 p.m., the procedural provisions of the Forest Service National Environmental Policy Act at 40 March 20, 2002 at the Custer County CFR 1503.3 in addressing these points). Siskiyou County Resource Advisory Courthouse, 4th and Main, Challis, Committee Idaho. The final EIS would be completed in The 15-member committee will July 2002. In the final EIS, the Forest AGENCY: Forest Service, USDA. establish procedures for evaluating Service is required to respond to ACTION: Notice of meeting. proposed projects and for substantive comments received during recommending projects to the Salmon- the comment period that pertain to the SUMMARY: The Siskiyou County Challis National Forest. The committee environmental consequences discussed Resource Advisory Committee (RAC) will also discuss individual project in the draft EIS and applicable laws, will meet on March 18, 2002, in Yreka, proposals for 2002. The meeting is open regulations, and policies considered in California. The purpose of the meeting to the public and time will be scheduled making the decision regarding this is to discuss the following topics: for public comments. proposal. Contracts, implementation on private The Central Idaho Resource Advisory Steven T. Eubanks, Forest Supervisor, lands versus public; Develop a tool for Committee was established by the Tahoe National Forest is the responsible feedback to applicants; Invited back Secretary of Agriculture under Title II of official. As the responsible official he proponents, presentation or/and site the Secure Rural Schools and will document the decision and reasons visits; Non-approved or multi-year Community Self-Determination Act of for the decision in the Record of projects; Develop a progress report for 2000 to work collaboratively with the Decision. That decision will be subject dollars allocated; Decide funding Salmon-Challis National Forest to to Forest Service appeal regulations (36 mechanism; Monitoring design; and provide advice and recommendations CFR part 215). Overhead Rate. consistent with the purposes of the Act. Dated: March 5, 2002. March 25, 2002 meeting will be George P. Matejko, Steven T. Eubanks, review and rating of local proposals. Forest Supervisor, Salmon-Challis National Forest Supervisor. DATES: The meetings will be held March Forest, Designated Federal Official. [FR Doc. 02–5773 Filed 3–8–02; 8:45 am] 18, 2002 from 3 p.m. to 6 p.m. and [FR Doc. 02–5774 Filed 3–8–02; 8:45 am] BILLING CODE 3410–11–M March 25, 2002 from 9 a.m. to 3 p.m. BILLING CODE 3410–11–M
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DEPARTMENT OF AGRICULTURE (This activity is listed in the Catalog of provided in the environmental Federal Domestic Assistance under No. assessment. Natural Resources Conservation 10.904—Watershed Protection and Flood Copies of the Finding of No Service Prevention and is subject to the provisions of Significant Impact are available from Executive Order 12372 which requires RUS at the address provided herein or Shammack Creek Watershed, Kemper intergovernmental consultation with State and local officials.) from Mr. Bob Hughes of East Kentucky County, MS Power Association, P.O. Box 707, Dated: February 11, 2002. Winchester, Kentucky 40391; telephone AGENCY: Natural Resources Homer L. Wilkes, (859) 744–4812 Mr. Hughes’s e-mail Conservation Service. State Conservationist. address is [email protected]. Copies of ACTION: Notice of a finding of no [FR Doc. 02–5752 Filed 3–8–02; 8:45 am] the environmental assessment are significant impact. BILLING CODE 3410–16–P available for review at East Kentucky Power Association and RUS at the SUMMARY: Pursuant to section 102(2) (C) addresses provided herein. of the National Environmental Policy DEPARTMENT OF AGRICULTURE Act of 1969; the Council on Dated: March 4, 2002. Environmental Quality Regulations (40 Rural Utilities Service Blaine D. Stockton, CFR part 1500); and the Natural Assistant Administrator, Electric Program, Resources Conservation Service East Kentucky Power Association; Rural Utilities Service. Regulations (7 CFR part 650); the Notice of Finding of No Significant [FR Doc. 02–5685 Filed 3–8–02; 8:45 am] Natural Resources Conservation Service, Impact BILLING CODE 3410–15–P U.S. Department of Agriculture, gives AGENCY: Rural Utilities Service, USDA. notice that an environmental impact ACTION: statement is not being prepared for Notice of finding of no DEPARTMENT OF AGRICULTURE significant impact. Shammack Creek Watershed, Kemper Rural Utilities Service County, Mississippi. SUMMARY: Notice is hereby given that FOR FURTHER INFORMATION CONTACT: the Rural Utilities Service (RUS) has Georgia Transmission Corporation; Homer L. Wilkes, State Conservationist, made a finding of no significant impact Notice of Finding of No Significant Natural Resources Conservation Service, with respect to the construction and Impact operation of two, 268 megawatt coal- Suite 1321, A.H. McCoy Federal AGENCY: Rural Utilities Service, USDA. Building, 100 West Capitol Street, fired electric generation units in Mason ACTION: Notice of finding of no Jackson, Mississippi 39269, telephone County, Kentucky. East Kentucky Power significant impact. 601–965–5205. Association proposes to construct and SUPPLEMENTARY INFORMATION: The operate the units. The Rural Utilities SUMMARY: Notice is hereby given that environmental assessment of this Service (RUS) may provide financing for the Rural Utilities Service (RUS) has Federal assisted action indicates that the the two units. made a finding of no significant impact project will not cause significant local, FOR FURTHER INFORMATION CONTACT: Bob (FONSI) with respect to a request from regional, or national impacts on the Quigel, Environmental Protection Georgia Transmission Corporation for environment. As a result of these Specialist, Engineering and assistance from the RUS to finance the findings, Homer L. Wilkes, State Environmental Staff, RUS, Stop 1571, construction of a 230/115 kV Conservationist has determined that the 1400 Independence Avenue, SW, transmission line in Gwinnett and Hall preparation and review of an Washington, DC 20250–1571, telephone Counties, Georgia. environmental impact statement are not (202) 720–0468, e-mail at FOR FURTHER INFORMATION CONTACT: Bob needed for this project. [email protected]. Quigel, Environmental Protection The project concerns a watershed SUPPLEMENTARY INFORMATION: East Specialist, Engineering and plan to provide supplemental flood Kentucky Power Cooperative proposes Environmental Staff, RUS, Stop 1571, protection and reduce threat to loss of to construct two, 268-megawatt coal 1400 Independence Avenue, SW., life from sudden dam failure to the fired electric generation units at its Washington, DC 20250–1571, telephone residents of the Shammack Creek Spurlock Station in Maysville, (202) 720–0468, fax (202) 720–0820, Watershed and others. The planned Kentucky. Maysville is located in Mason e-mail at [email protected]. works of improvement consists of County along the Ohio River. The two SUPPLEMENTARY INFORMATION: Georgia rehabilitating floodwater retarding new generation units are to be named Transmission Corporation proposes to structure (FWRS) No. 2. The Notice of Gilbert Units 3 and 4. The units would construct a 230 kV electric transmission a Finding of No Significant Impact consist of two circulating fluidized bed line from the Spout Springs Road (FONSI) has been forwarded to the boilers, two turbine-generators, two Substation to be located in Hall County Environmental Protection Agency and baghouses, two sulfur dioxide removal 2000 feet East of the intersection of to various Federal, State, and local systems, two selective non-catalytic Williams Road and Spout Springs Road, agencies and interested parties. A reduction units, and two 720-foot and traverse southwest paralleling an limited number of copies of the FONSI stacks. The project would also include existing Georgia Power Company 500 are available to fill single copy requests a double-circuit 345-kilovolt kV transmission line for approximately at the above address. Basic data transmission line from the Spurlock 4 miles. Approximately 1⁄2 mile of this developed during the environmental Station to an existing 345-kV line will deviate from the existing right- assessment are on file and may be transmission line in Brown County, of-way to minimize impacts to local reviewed by contacting Homer L. Ohio. The length of the transmission residences. The right-of-way for this Wilkes. No administrative action on line would be approximately 3.5 miles portion of the transmission line will be implementation of the proposal will be and would parallel an existing 138 kV widened 100 feet. At about 1⁄2 mile taken until 30 days after the date of this transmission line that crosses the Ohio southwest of Hamilton Mill Road in publication in the Federal Register. River. Further details of the project are Gwinnett County the transmission line
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will turn to the northwest on an existing (FY) 2002. For FY 2002, $27 million in 2002 as $500,000. The maximum Georgia Power Company 115 kV grants and $300 million in loans will be amount for a loan, generally, that will be transmission line right-of-way for made available for distance learning and considered for funding in FY 2002 is approximately 5 miles. The existing 115 telemedicine projects serving rural $10 million. However, RUS may fund a kV transmission line will be America. The funding will be provided project greater than $10 million subject reconstructed as an underbuild of the in three categories: (1) $17 million will to the project’s feasibility and the 230 kV transmission line. (The 230 kV be available for grants; (2) $200 million availability of loan funds. and 115 kV transmission lines would will be available for loans; and (3) $110 Applications for financial assistance share the same transmission line million will be available for must be submitted in accordance with 7 support structures.) The existing right- combination grants and loans ($100 CFR part 1703, subparts D, E, F, and G, of-way will not need to be widened. The million in loans paired with $10 million which establish the policies and transmission line would then turn to the in grants, i.e., $10 loan: $1 grant ratio). procedures for submitting an southwest on a new right-of-way along DATES: Applications for grants must be application for financial assistance. Peachtree Industrial Boulevard for postmarked no later than May 13, 2002. These subparts and an application guide approximately 1.6 miles to the Shoal Applications for FY 2002 loans or to assist in the preparation of Creek Substation to be located in combination loans and grants may be applications are available on the Gwinnett County southwest of the submitted at anytime up to August 31, Internet at the following address: http:/ intersection of Tuggle Greer Road and 2002, and will be processed on a first- /www.usda.gov/rus/telecom/dlt/ Peachtree Industrial Boulevard. (Georgia come, first serve basis. dltpublications.htm. Application guides Power Company will construct the ADDRESSES: Applications are to be may also be requested from RUS by Shoal Creek Substation.) The new right- submitted to the Rural Utilities Service, contacting the Distance Learning and of-way will be forty (40) feet in width. U.S. Department of Agriculture, 1400 Telemedicine Branch, USDA–RUS, This portion of the transmission line Independence Avenue, SW., STOP Phone: (202) 720–0413. will also be underbuilt with a 115 kV 1550, Washington, DC 20250–1550. Dated: March 4, 2002. transmission line. Both the 230 kV and Applications should be marked Hilda Gay Legg, the 115 kV transmission lines will ‘‘Attention: Director, Advanced Services Administrator, Rural Utilities Service. connect to the Shoal Creek Substation. Division, Telecommunications [FR Doc. 02–5732 Filed 3–8–02; 8:45 am] The portion of the 230 kV transmission Program.’’ BILLING CODE 3410–15–P line to parallel the 500 kV transmission FOR FURTHER INFORMATION CONTACT: line will be supported by single pole Marilyn J. Morgan, Branch Chief, concrete structures. The 230 kV portion Distance Learning and Telemedicine DEPARTMENT OF COMMERCE of the transmission line to be underbuilt Branch, U.S. Department of Agriculture, with the 115 kV transmission line will Rural Utilities Service, STOP 1550, Bureau of Export Administration be supported by single pole steel or Room 2838, South Building, 1400 concrete structures. It is anticipated that Independence Avenue, SW., Action Affecting Export Privileges; the transmission lines will be completed Washington, DC 20250–1550. Infocom Corporation, Inc., Tetrabal and energized by May 2003. Telephone: (202) 720–0413, FAX: (202) Corporation, Ihsan Medhat ‘‘Sammy’’ Copies of the FONSI are available for 720–1051. Elashi, Also Known as I. Ash and review at, or can be obtained from, RUS SUPPLEMENTARY INFORMATION: For FY Haydee Herrera and Doing Business as at the address provided herein or from 2002, $17 million in grants, a Kayali Corp.; Abdulah Al Nasser, Ms. Wende Martin, Georgia combination of $10 million in grants Maysson Al Kayali, Mynet. Net Corp. Transmission Corporation, 2100 East paired with $100 million in loans, and Bayan Medhat Elashi, Ghassan Elashi, Exchange Place, Tucker, Georgia 30085– $200 million in loans will be made Basman Medhat Elashi, Hazim Elashi, 2088, telephone (770) 270–7591. Ms. available for distance learning and Fadwa Elafrangi; Renewal of Order Martin’s e-mail address is telemedicine projects. RUS encourages Temporarily Denying Export Privileges [email protected]. early submission of grant applications to Dated: March 5, 2002. determine whether all required items In the Matter of: Infocom Corporation, Inc., 630 International Parkway, Suite 100, Blaine D. Stockton, specified in 7 CFR 1703.125 are clearly Richardson, Texas 75081; Tetrabal Assistant Administrator, Electric Program, in form, identifiable, and complete. RUS Corporation, Inc., 605 Trail Lake Drive, Rural Utilities Service. will examine, provide comment, and Richardson, Texas 75081, and 908 Audelia [FR Doc. 02–5734 Filed 3–8–02; 8:45 am] return applications that include items Road, Suite 200, PMB #245, Richardson, BILLING CODE 3410–15–P that would disqualify them from further Texas 75081, and Ihsan Medhat ‘‘Sammy’’ consideration for modification if they Elashi also known as: I. Ash and Haydee are submitted by Friday, April 12, 2002. Herrera, and doing business as Kayali Corp., DEPARTMENT OF AGRICULTURE All applications for grants must be 605 Trail Lake Drive, Richardson, Texas 75081 and 908 Audelia Road, Suite 200, PMB postmarked no later than Monday, May Rural Utilities Service #245, Richardson, Texas 75081; Respondents 13, 2002, to be eligible for FY 2002 grant Abdulah Al Nasser, 605 Trail Lake Drive, funding. Each application will be Distance Learning and Telemedicine Richardson, Texas 75081 and 908 Audelia reviewed for completeness in Road, Suite 200, PMB #245, Richardson, Loan and Grant Program accordance with 7 CFR part 1703, Texas 75081; Maysoon Al Kayali, 605 Trail AGENCY: Rural Utilities Service, USDA. subparts D, E, F, and G. Ineligible Lake Drive, Richardson, Texas 75081 and 908 applications will be returned within 15 Audelia Road, Suite 200, PMB #245, ACTION: Notice of application filing Richardson, Texas 75081; Mynet.Net Corp, deadline. working days of receipt. Notice is hereby given that under 7 Richardson, Texas 75081 and 908 Audelia Road, Suite 200, PMB #245, Richardson, SUMMARY: The Rural Utilities Service CFR 1703.124, 1703.133, and 1703.143, Texas 75081; Bayan Medhat Elashi, 1810 (RUS) announces its Distance Learning RUS has determined the maximum Auburn, Richardson, Texas 75081; Ghassan and Telemedicine Program application amount of an application for a grant that Elashi, 304 Town House Lane, Richardson, window for funding during fiscal year will be considered for funding in FY Texas 75081; Basman Medhat Elashi, 1506
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Willow Crest Drive, Richardson, Texas goods in violation of the original denial Elashi, 937 Stone Trail Drive, Plano, 75081; Hazim Elashi, 937 Stone Trail Drive, order. Since the September 6 order, Texas 75023; Fadwa Elafrangi; 306 Plano, Texas 75023; Fadwa Elafrangi, 306 Ihsan Elashi has made at least 10 Town House Lane; Richardson, Texas Town House Lane, Richardson, Texas 75081; exports of computer equipment that 75081, and Abdulah Al Nasser, Related persons. violated the order. Abdulah Al Nasser Maysoon Al Kayali, and Mynet.net Through the Office of Export and Maysoon Al Kayali assisted Ihsan Corp, all three at the same addresses as Enforcement (‘‘OEE’’), the Bureau of Elashi in making some of these exports Tetrabal, (‘‘the related persons’’) Export Administration (‘‘BXA’’), United in violation of the denial order. (together, the denied person and the States Department of Commerce, has Additionally, Ihsan Elashi used related persons are ‘‘persons subject to asked me to renew and modify the order Mynet.net as the exporter for at least this order’’) may not, directly or pursuant to Section 766.24 of the Export one of the shipments. In several of these indirectly, participate in any way in any Administration Regulations (currently exports, Ihsan Elashi used concealment transaction involving any commodity, codified at 15 CFR parts 730–774 and subterfuge to attempt to conceal his software or technology (hereinafter (2001)) (‘‘EAR’’ or ‘‘Regulations’’),1 exports which violated the terms of the collectively referred to as ‘‘item’’) temporarily denying all United States September 6 order. exported or to be exported from the export privileges to Infocom The Assistant Secretary for Export United States that is subject to the Corporation, Inc., 630 International Enforcement previously found the TDO Export Administration Regulations Parkway, Suite 100, Richardson, Texas was consistent with the public interest (EAR), or in any other activity subject to 75081 (‘‘Infocom’’) that was issued on to preclude future violations of the the EAR, including, but not limited to: September 6, 2001.2 BXA has asked that Regulations. I find that the need for the A. Applying for, obtaining, or using I modify the order by naming Tetrabal TDO continues. The evidence that any license, License Exception, or Corporation, Inc. (‘‘Tetrabal’’) and Ihsan Infocom commited repeated violations export control document; Medhat ‘‘Sammy’’ Elashi (‘‘Ihsan of the Regulations that were deliberate B. Carrying on negotiations Elashi’’) as respondents rather than and covert, that it actively sought to concerning, or ordering, buying, related persons, and that I list modified engage in further export transacitons, receiving, using, selling, delivering, addresses and aliases as set out in the that, given the nature of the items storing, disposing of, forwarding, caption of this order. Further, BXA has shipped, future violations could go transporting, financing, or otherwise asked that I add the following related undetected makes it necessary to give servicing in any way, any transaction persons: Abdulah Al Nasser; Maysoon notice to companies in the United States involving any item exported or to be Al Kayali; and Mynet.Net Corp, all with and abroad that they should cease exported from the United States that is addreses at: 605 Trail Lake Drive, dealing with the respondents in export subject to the EAR, or in any other Richardson, Texas 75081 and 908 transactions involving U.S.-origin items, activity subject to the EAR; or Audelia Road, Suite 200, PMB #245, and that Infocom has continued doing C. Benefiting in any way from any Richardson, Texas 75081. business with Ihsan Elashi and Tetrabal. transaction involving any item exported In its request, BXA states that, based The need for the continuation of the or to be exported from the United States upon the evidence previously adduced TDO and the naming of Ihsan Elashi and that is subject to the EAR, or in any and the continuing investigation by Tetrabal as denied persons is also other activity subject to the EAR. OEE, BXA believes that Infocom, established by the flagrant violations of Second, that no person may, directly Tetrabal, and Ihsan Elashi have violated the order that have ocurred more or indirectly, do any of the following: the Regulations by shipping and recently. A TDO that also names Ihsan A. Export or reexport to or on behalf attempting to ship goods to Libya and Elashi and Tetrabal is clearly consistent of a person subject to this order any Syria without obtaining the necessary with the public interest to preclude item subject to the EAR; authorizations from BXA and further future violations of the Regulations. B. Take any action that facilities the violated the Regulations by shipping Accordingly, I am renewing this order acquisition or attempted acquisition by with the amendments requested by BXA a person subject to this order of the 1 The Regulations were issued pursuant to the because I have concluded that a TDO is ownership, possession, or control of any Export Administration Act of 1979 (‘‘Act’’), 50 necessary, in the public interest, to item subject to the EAR that has been or U.S.C. app. sections 2401–2420 (1994 & Supp. IV prevent an imminent violation of the will be exported from the United States, 1998), as reauthorized by Act of November 13, Regulations. including financing or other support 2000, Pub. L. 106–508, 114 Stat. 2360. The Act lapsed on August 20, 2001. Pursuant to the It is therefore ordered: First, that activities related to a transaction International Emergency Economic Powers Act (50 Infocom Corporation, Inc., 630 whereby a person subject to this order U.S.C. 1701–1706 (1994 & Supp. IV 1998)), the International Parkway, Suite 100, acquires or attempts to acquire such President, through Executive Order 13222 of August Richardson, Texas 75081, Tetrabal ownership, possession or control; 17, 2001 (66 FR 44025 (August 22, 2001)), has Corporation, Inc., 605 Trail Lake Drive, continued the Regulations in force. C. Take any action to acquire from or 2 On February 27, 2002, Counsel for Infocom filed Richardson, Texas 75081 and 908 to facilitate the acquisition or attempted Opposition of Infocom Corporation, Inc., Bayan Audelia Road, Suite 200, PMB #245, acquisition from a person subject to this Medhat Elashi, Ghassan Elashi and Basman Medhat Richardson, Texas 75081, and Ihsan order of any item subject to the EAR that Elashi (‘‘The Three Brothers’’) to Renewal of Order Medhat ‘‘Sammy’’ Elashi, also known as has been exported from the United Temporarily Denying Export Privileges. On March 1, 2002, counsel for OEE filed ‘‘Response to I. Ash and Haydee Herrera, same States; Opposition of Infocom Corporation, Inc, et al. to addresses as Tetrabal, (collectively, ‘‘the D. Obtain from a person subject to this Renewal Order Temporarily Denying Export denied persons’’) and the following order in the United States any item Privileges (TDO)’’ (‘‘OEE Response’’). The OEE persons subject to the order by their subject to the EAR with knowledge or Response argues that The Three Brothers lack standing because they are ‘‘Related Persons’’ in the relationship to the denied person Bayan reason to know that the item will be, or September 6th Order and, as such, may not oppose Medhat Elashi, 810 Auburn, is intended to be, exported from the Renewal of the Order. OEE cites § 766.2(3)(c) of the Richardson, Texas 75081; Ghassan United States; or EAR as authority for its position. I find the Elashi, 304 Town House Lane, E. Engage in any transaction to service arguments raised by OEE on this issue, both in its pleadings and at oral argument, to be persuasive. Richardson, Texas 75081; Basman any item subject to the EAR that has Only Infocom has standing to oppose Renewal of Medhat Elashi, 1506 Willow Crest been or will be exported from the the TDO. Drive, Richardson, Texas 75081; Hazim United States and which is owned,
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possessed or controlled by a person DEPARTMENT OF COMMERCE The Department has now completed subject to this order, or service any item, the antidumping duty administrative of whatever origin, that is owned, International Trade Administration review in accordance with section 751 possessed or controlled by a person [A–570–852] of the Act. subject to this order if such service Scope of Order involves the use of any item subject to Creatine Monohydrate From the the EAR that has been or will be People’s Republic of China; Final The product covered by this order is exported from the United States. For Results of Antidumping Duty Review creatine monohydrate, which is purposes of this paragraph, servicing commonly referred to as ‘‘creatine.’’ The means installation, maintenance, repair, AGENCY: Import Administration, chemical name for creatine modification or testing. International Trade Administration, monohydrate is N-(aminoiminomethyl)- Department of Commerce. Third, that, in addition to the related N-methylglycine monohydrate. The persons named above, after notice and ACTION: Notice of final results of Chemical Abstracts Service (‘‘CAS’’) opportunity for comment as provided in antidumping duty review. registry number for this product is 6020–87–7. Creatine monohydrate in its section 766.23 of the EAR, any other SUMMARY: On November 6, 2001, the pure form is a white, tasteless, odorless person, firm, corporation, or business Department of Commerce published the powder, that is a naturally occurring organization related to the denied preliminary results of the administrative person by affiliation, ownership, review of the antidumping duty order metabolite found in muscle tissue. control, or position of responsibility in on creatine monohydrate from the Creatine monohydrate is provided for in the conduct of trade or related services People’s Republic of China. We gave subheading 2925.20.90 of the may also be made subject to the interested parties an opportunity to Harmonized Tariff Schedule of the provisions of this order. comment. Based upon our analysis of United States (‘‘HTSUS’’). Although the Fourth, that this order does not the comments and information received, HTSUS subheading and the CAS prohibit any export, reexport, or other we have made changes to the margin registry number are provided for transaction subject to the EAR where the calculations presented in the final convenience and customs purposes, the only items involved that are subject to results of the review. We find that written description of the scope of this the EAR are the foreign-produced direct creatine monohydrate from the People’s proceeding is dispositive. product of U.S.-origin technology. Republic of China was not sold in the Period of Review United States below normal value. In accordance with the provisions of The period of review (‘‘POR’’) is from Section 766.24(e) of the Regulations, EFFECTIVE DATE: March 11, 2002. July 30, 1999 through January 31, 2001. Infocom, Tetrabal, or Ihsan Elashi may, FOR FURTHER INFORMATION CONTACT: at any time, appeal this Order by filing Blanche Ziv, Import Administration, Comparisons a full written statement in support of the International Trade Administration, We calculated export price and appeal with the Office of the U.S. Department of Commerce, 14th and normal value based on the same Administrative Law Judge, U.S. Coast Constitution Avenue, NW., Washington, methodology used in the Preliminary Guard ALJ Docketing Center, 40 South DC 20230; telephone (202) 482–4207. Results with the following exceptions: Gay Street, Baltimore, Maryland 21202– SUPPLEMENTARY INFORMATION: • We have valued certain inputs 4022. A related person may appeal to using domestic prices in India rather the Administrative Law Judge at the The Applicable Statute than import prices; aforesaid address in accordance with Unless otherwise indicated, all • We have corrected a ministerial the provisions of Section 766.23(c) of citations to the Tariff Act of 1930, as error made in valuing one input. the Regulations. amended (‘‘the Act’’), are references to This Order is effective on March 4, the provisions effective January 1, 1995, Analysis of Comments Received 2002 and shall remain in effect for 180 the effective date of the amendments All issues raised in Blue Science’s days. made to the Act by the Uruguay Round case brief are addressed in the March 6, In accordance with the provisions of Agreements Act. In addition, unless 2002, Issues and Decision Memorandum Section 766.24(d) of the Regulations, otherwise indicated, all citations to the (‘‘Decision Memorandum’’) which is BXA may seek renewal of this Order by Department of Commerce’s (‘‘the hereby adopted by this notice. Attached filing a written request not later than 20 Department’’) regulations are to 19 CFR to this notice as an appendix is a list of days before the expiration date. part 351 (2000). the issues which Blue Science has raised and to which we have responded Infocom, Tetrabal, or Ihsan Elashi may Background oppose a request to renew this Order by in the Decision Memorandum. Parties filing a written submission with the On November 6, 2001, the Department can find a complete discussion of all Assistant Secretary for Export published in the Federal Register the issues raised in this review and the Enforcement, which must be received preliminary results of its administrative corresponding recommendations in this not later than seven days before the review of creatine monohydrate public memorandum which is on file in expiration date of the Order. (‘‘creatine’’) from the People’s Republic the Central Records Unit, Room B–099 A copy of this Order shall be served of China (‘‘PRC’’) (Creatine of the Department. In addition, a on Infocom, Tetrabal, and Ihsan Elashi Monohydrate from the People’s complete version of the Decision and each related person and shall be Republic of China; Preliminary Results Memorandum can be accessed directly published in the Federal Register. of Antidumping Duty Administrative on the Web at http://ia.ita.doc.gov/frn/ Review, 66 FR 56054 (November 6, summary/list.htm. The paper copy and Entered this 4th day of March, 2002. 2001) (‘‘Preliminary Results’’). We electronic version of the Decision Lisa A. Prager, received a case brief from the Memorandum are identical in content. Acting Assistant Secretary for Export respondent, Blue Science International Enforcement. Trading (Shanghai) Co., Ltd. (‘‘Blue Final Results of the Review [FR Doc. 02–5676 Filed 3–8–02; 8:45 am] Science’’), on December 6, 2001. The We will instruct the Customs Service BILLING CODE 3510–DT–M petitioners did not submit a case brief. to liquidate entries of the subject
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merchandise from Blue Science during Dated: March 6, 2002. vessels in longline fisheries in Subarea the period July 30, 1999 through January Faryar Shirzad, 48.6 south of 60°S to use experimental 31, 2001 without regard to antidumping Assistant Secretary for Import line-weighting trials; amend and clarify duties. All other entries of the subject Administration. the catch documentation scheme for Dissostichus species; amend a merchandise during the POR will be Appendix liquidated at the antidumping rate in previously adopted measure relating to place at the time of entry. List of Comments in the Issues and Decision licensing and inspection obligations of Memorandum Contracting Parties and cooperation Furthermore, the following deposit Comment 1: Use of Import Prices v. between Contracting Parties; and amend rates will be effective upon publication Domestic Prices in India to Value Certain a previously adopted measure on the of these final results for all shipments of Inputs use of automated satellite-linked vessel creatine from the PRC entered, or Comment 2: Adjusting CIF Import Values monitoring systems (VMS) on withdrawn from warehouse, for to Remove International Freight Contracting Party vessels fishing in the consumption on or after the publication Comment 3: Correction of Ministerial Error Convention Area. date, as provided for by section [FR Doc. 02–5777 Filed 3–8–02; 8:45 am] In addition, the Commission adopted 751(a)(1) of the Act: (1) For Blue BILLING CODE 3510–DR–P a resolution addressing toothfish Science, which has a separate rate, no harvests questionably attributed to FAO statistical area 51 in the Indian Ocean. antidumping duty deposit will be DEPARTMENT OF COMMERCE required; (2) for a company previously The measures and resolutions were announced by the Department of State found to be entitled to a separate rate National Oceanic and Atmospheric by a preliminary notice in the Federal and for which no review was requested, Administration the cash deposit rate will be the rate Register on January 17, 2002 (67 FR [I.D. 030602D] 2477). Public comments were invited, established in the most recent review of but none were received. Through this that company; (3) for all other PRC Antarctic Marine Living Resources notice, NMFS notifies the public that exporters the cash deposit rate will be Convention Act of 1984; Conservation the United States has accepted the 128.63 percent, the PRC-wide rate and Management Measures measures adopted at CCAMLR’s established in the less than fair value AGENCY: National Marine Fisheries Twentieth meeting, and that pursuant to (‘‘LTFV’’) investigation; and (4) for non- the Convention and 16 U.S.C. 2431 et PRC exporters of subject merchandise Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), seq., these measures are in effect. For from the PRC, the cash deposit rate will Commerce. the full text of the measures adopted, be the rate applicable to the PRC see 67 FR 2477, January 17, 2002. NMFS ACTION: Final notice. supplier of that exporter. These deposit provides the following summary of the rates shall remain in effect until SUMMARY: At its Twentieth Meeting in measures as a courtesy. publication of the final results of the Hobart, Tasmania, October 22 to The Commission adopted a uniform next administrative review. November 2, 2001, the Commission for fishing season of December 1 through November 30 for all Convention area This notice also serves as a final the Conservation of Antarctic Marine Living Resources (CCAMLR), of which fisheries, except as otherwise specified, reminder to importers of their e.g., to protect Convention Area species responsibility under 19 CFR 351.402(f) the United States is a member, adopted conservation measures, pending during spawning and breeding seasons. to file a certificate regarding the This measure includes a change in the reimbursement of antidumping duties members’ approval, pertaining to fishing in the CCAMLR Convention Area in season for krill fishing from the July 1 prior to liquidation of the relevant to June 30 season previously adopted by entries during this review period. Antarctic waters. These have been agreed upon in accordance with Article the Commission. Failure to comply with this requirement IX of the Convention for the The Commission prohibited the could result in the Secretary’s Conservation of Antarctic Marine Living fishery for Champsocephalus gunnari in presumption that reimbursement of Resources (the Convention) and are in Statistical Subarea 48.3 within 12 antidumping duties occurred and the effect with respect to the United States. nautical miles of the coast of South subsequent assessment of double Georgia from March 1 to May 31, 2002 ADDRESSES: Copies of the CCAMLR during the C.gunnari spawning period antidumping duties. measures and the framework This notice also serves as a reminder and adopted a requirement that all environmental assessment may be fishing vessels taking part in the fishery to parties subject to administrative obtained from the Assistant in the non-restricted area during this protective order (‘‘APO’’) of their Administrator for Fisheries, NOAA, period conduct a minimum of 20 responsibility concerning the National Marine Fisheries Service, 1315 research hauls as set out in an annex to disposition of proprietary information East-West Highway, Silver Spring, MD the C. gunnari conservation measure. disclosed under APO in accordance 20910. Participation in the Convention Area with 19 CFR 351.305(a)(3). Timely FOR FURTHER INFORMATION CONTACT: crab fishery continues to be limited to written notification of the return/ Robin Tuttle, 301–713–2282. one vessel per Commission member. destruction of APO materials or SUPPLEMENTARY INFORMATION: See 50 Applications for a crab permit must be conversion to judicial protective order is CFR part 300, subpart G—Antarctic received no later than 90 days prior to hereby requested. Failure to comply Marine Living Resources, and 67 FR intended harvesting and will be with the regulations and the terms of an 2477 (January 17, 2002). considered in the order of application. APO is a sanctionable violation. The measures restrict overall catches If there are multiple applicants, the one This administrative review and notice and bycatch of certain species of fish, U.S. crab permit will be issued on the are in accordance with sections krill, squid, and crab; limit participation basis of (1) order of receipt of 751(a)(1) and 777(i)(1) of the Act. in several exploratory fisheries; restrict applications (2) criteria for harvesting fishing in certain areas and to certain permits appearing in 50 CFR 300.112 (3) gear types; set fishing seasons; allow willingness to participate in CCAMLR
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pilot programs and (4) record of more than one ton of bycatch species in catch of toothfish accrue to the previous participation, if any, in the a longline set or haul. perpetrators of illegal, unregulated or crab fishery. The fishery continues to be Although the Commission readopted unreported fishing for toothfish. managed as previously defined by the the conservation measure for jig fishing Another provision of the measure Commission with one amendment. The for Martialia hyadesi (squid) in allows a Contracting Party to, consistent minimum legal carapace width for male Statistical Subarea 48.3, no Member with its domestic legislation, decline to Paralomis spinosissima was reduced notified the Commission of its intention provide a market for toothfish offered from 102 mm to 94 mm. to fish in this fishing-by-notification- for sale with a SVDCD by another State. The Commission amended the general only fishery. The Commission also expanded and The Commission revised the measures for exploratory fishing for clarified the use of VMS to verify the Dissostichus spp. to require Members conservation measure requiring the use area of toothfish harvests. Any who choose not to participate in an of automated satellite-linked vessel Contracting Party, or non-Contracting exploratory fishery prior to the monitoring in all fisheries (except the commencement of the fishery to inform krill fishery) to require Contracting Party participating in the Catch the Secretariat of changes in their plans Parties to provide the Secretariat with Documentation Scheme for toothfish, no later than 1 month before the start of limited positional information on may now require additional verification the fishery. If, for whatever reason, movements by vessels in and out of the of catch documents by Flag States by Members are unable to participate in the Convention area and between CCAMLR using, inter alia, VMS, in respect of fishery, they shall inform the Secretariat statistical areas, subareas and divisions. catches taken on the high seas outside no later than 1 week after finding that This information, available to Members the Convention Area, when landed at, they cannot participate. by operation of the VMS requirement, imported into or exported from its The Commission approved several must be transmitted to the Secretariat territory. The Commission recognized fisheries as exploratory fisheries for the within two working days of receiving the need to revise the ‘‘Guide for 2001/2002 fishing season. These the required VMS information. Completion of Catch Documents’’ and fisheries are limited total allowable The Commission amended the requested that the Secretariat revise the catch (TAC) fisheries and are open only conservation measure specifying aspects Guide as agreed at the annual meeting to the flagged vessels of the countries of cooperation among Contracting and make it available on the CCAMLR that notified CCAMLR of an interest by Parties requiring them to report the website to all CCAMLR Members and participants in the fisheries. The United details of fishing licenses issued by non-Contracting Parties which have States was not a notifying country, and, them. joined CCAMLR in the implementation thus, U.S. fishers are not eligible to The Commission adopted a new of the CDS. participate in them. conservation measure allowing vessels The exploratory fisheries for in longline fisheries in Subareas 48.6 CCAMLR adopted a resolution Dissostichus species (toothfish) are for south of 60°S to use experimental line- relating to fishing in Food and longline fishing in Statistical Subarea weighting trials in lieu of the Agriculture Organization (FAO) 48.6 by Japan, New Zealand, South Commission’s requirement for night statistical area 51. The Commission, Africa and Uruguay; trawl fishing in setting-only in Convention Area concerned that the CDS could be used Statistical Division 58.4.2 by Australia; longline fisheries when a vessel can to disguise IUU catches of toothfish in longline fishing in 58.4.3a (the Elan demonstrate prior to licensing its ability order to gain legal access to markets, Bank) outside areas under national to fully comply with one of two trial urged States participating in the CDS to jurisdiction by France and Japan; protocols. The Commission urged two ensure that DCDs relating to landings or longline fishing in Statistical Division actions with respect to the enforcement imports of toothfish, when necessary, 58.4.3b (the BANZARE Bank) by France of the conservation measure to are checked by contact with flag states and Japan; longline fishing in Statistical minimize the incidental mortality of to verify that the information in the DCD Division 58.4.4 by France, Japan, South seabirds in the course of longline fishing is consistent with data reports derived Africa, and Uruguay; longline fishing in or longline fishing research. The from an automated satellite-linked VMS. Statistical Subarea 58.6 by Chile, Commission recommended that vessels The Commission also urged States France, Japan and South Africa; longline equipped or configured such that they participating in the CDS, if necessary to fishing in Statistical Subarea 88.1 by are unable to comply with the measure that end, to consider reviewing their Japan, New Zealand, Russia and South not be allowed to fish in the Convention domestic laws and regulations, with a Africa; longline fishing in Statistical Area. The Commission further view to prohibiting, in a manner recommended that Members prevent Subarea 88.2 by Japan, New Zealand consistent with international law, vessels persistently failing to comply and South Africa. landings/transhipments/imports of The Commission adopted a with the measure from fishing in the toothfish declared in a DCD as having conservation measure for an exploratory Convention Area. trawl fishery for Chaenodraco wilsoni, The Commission revised and clarified been caught in FAO Statistical Area 51, Lepidonotothen kempi, Trematomus the Dissostichus Catch Document (DCD) if the flag state fails to demonstrate that eulepidotus and Pleuragramma and created a Catch Documentation it verified the DCD using automated antarcticum in Statistical Division Fund (CDF) to receive voluntary satellite-linked VMS derived data 58.4.2, limited to fishing by Australia. contributions from the sale of seized or reports. The Commission adopted a confiscated toothfish sold pursuant to a Authority: 16 U.S.C. 2431 et seq. conservation measure for a new trawl Specially Validated DCD (SVDCD). The Dated: March 1, 2002. fishery for Macrourus ssp. in Statistical DCD was revised to clarify procedures Division 58.4.2, limited to fishing by for dealing with export verification. The Rebecca Lent, Australia and amended the conservation conservation measure creating the CDF Deputy Assistant Administrator for measure on the bycatch of Macrourus includes the provision that, to the extent Regulatory Programs, National Marine spp. and skates and rays to set upper practicable, Contracting Parties shall Fisheries Service. limits on bycatch and require a vessel to ensure that no financial benefit arising [FR Doc. 02–5771 Filed 3–8–02; 8:45 am] move its fishing position should it catch from the sale of seized or confiscated BILLING CODE 3510–22–S
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DEPARTMENT OF COMMERCE EFH Draft Environmental Impact Dated: March 5, 2002. Statement (DEIS) - MRAG Americas, Richard W. Surdi, National Oceanic and Atmospheric Inc. Acting Director, Office of Sustainable Administration National Ocean Service Benthic Maps Fisheries, National Marine Fisheries Service. [I.D. 022602F] of the U.S. Caribbean [FR Doc. 02–5618 Filed 3–8–02; 8:45 am] Final Presentation BILLING CODE 3510–22–S Caribbean Fishery Management Council; Public Meetings 1:30 to 2:30 p.m. - Public Comment Period Dolphin/Wahoo FMP/DEIS AGENCY: National Marine Fisheries Discussion and Council Decision on COMMODITY FUTURES TRADING Service (NMFS), National Oceanic and COMMISSION Atmospheric Administration (NOAA), Dolphin/Wahoo Commerce. Administrative Committee Meeting Agency Information Collection ACTION: Notice of public meetings. Queen Conch FMP Schedule Activities: Notice of Intent To Renew Collection 3038–0009, Large Trader SUMMARY: The Caribbean Fishery Sustainable Fisheries Act Update Reports Management Council (Council) will Fishery Agreements - Department of hold meetings. AGENCY: State Commodity Futures Trading DATES: The meetings will be held on Commission. March 26–27, 2002. The Council will Enforcement ACTION: Notice. convene on Tuesday, March 26, 2002, Vessel Monitoring System - F. Kyle from 9 a.m. to 6:30 p.m., and on U.S. Coast Guard SUMMARY: The Community Futures Wednesday, March 27, 2002, from 9 Puerto Rico Trading Commission (CFTC) is a.m. to 5 p.m., approximately. A public U.S. Virgin Islands announcing an opportunity for public comment period for Dolphin/Wahoo NMFS comment on the proposed collection of FMP will be open from 1:30 to 2:30 certain information by the agency. p.m., on March 26, 2002, to allow the Reeffish FMP Under the Paperwork Reduction Act of general public and interested persons to Hyperbaric Chamber and Diving 1995 (PRA), 44 U.S.C. 3501 et seq., provide their comments on the Dolphin/ Accidents Report - J. Figueroa Federal agencies are required to publish Wahoo Fishery Management Plan (FMP) Marine Recreational Fisheries notice in the Federal Register ADDRESSES: The meetings will be held at Statistical Survey-Protected Resources concerning each proposed collection of the Holiday Inn of Ponce and Tropical Statistics - L.M. Yoshiura information, including each proposed Casino, 3315 Ponce By Pass, Ponce, Regulatory Amendment extension of an existing collection of Puerto Rico 00731. information, and to allow 60 days for Recommendations by Administrative FOR FURTHER INFORMATION CONTACT: public comment in response to the Committee at its March 26, 2002 Caribbean Fishery Management Council, notice. This notice solicits comments on Meeting 268 Mun˜ oz Rivera Avenue, Suite 1108, large trader reports. San Juan, Puerto Rico 00918–2577, Meetings Attended by Council Members DATES: Comments must be submitted on telephone (787) 766–5926. and Staff or before May 10, 2002. SUPPLEMENTARY INFORMATION: The Other Business ADDRESSES: Comments may be mailed to Council will hold its 107th regular Judith E. Payne, Division of Economic Navassa Island Presentation - U.S. public meeting to discuss the items Analysis, U.S. Commodity Futures Fish and Wildlife, Department of contained in the following agenda: Trading Commission, 1155 21st Street, Interior Call to Order NW, Washington, DC 20581. Next Council Meeting FOR FURTHER INFORMATION CONTACT: Adoption of Agenda The meetings are open to the public, Judith E. Payne, (202) 418–5268; FAX: Consideration of 106th Council Meeting and will be conducted in English. (202) 418–5527; e-mail: [email protected] Verbatim Minutes However, simultaneous interpretation SUPPLEMENTARY INFORMATION: Under the Executive Director’s Report (Spanish-English) will be available PRA, Federal agencies must obtain during the Council meeting on March approval from the Office of Management Mr. Gerson Martı´nez Letter 26-27, 2002. Fishers and other and Budget (OMB) for each collection of Special Accommodations interested persons are invited to attend information they conduct or sponsor. These meetings are physically and participate with oral or written ‘‘Collection of information’’ is defined accessible to people with disabilities. statements regarding agenda issues. in 44 U.S.C. 3502(3) and 5 CFR For more information or request for sign Although non-emergency issues not 1320.3(c) and includes agency requests language interpretation and other contained in this agenda may come or requirements that members of the auxiliary aids, please contact Mr. before this group for discussion, those public submit reports, keep records, or Miguel A. Rolo´n, Executive Director, issues may not be the subject of formal provide information to a third party. Caribbean Fishery Management Council, action during this meeting. Action will Section 3506(c)(2)(A) of the PRA, 44 268 Mun˜ oz Rivera Avenue, Suite 1108, be restricted to those issues specifically U.S.C. 3506(c)(2)(A), requires Federal San Juan, Puerto Rico, 00918–2577, listed in this notice and any issues agencies to provide a 60-day notice in telephone (787) 766-5926, at least five arising after publication of this notice the Federal Register concerning each days prior to the meeting date. that require emergency action under proposed collection of information, section 305 (c) of the Magnuson-Stevens including each proposed extension of an Essential Fish Habitat (EFH) Fishery Conservation and Management existing collection of information, New Regulations - Rickey Reubsamen Act, provided the public has been before submitting the collection to OMB NMFS Conservation Habitat notified of the Council’s intent to take for approval. To comply with this Caribbean Office - L.M. Carrubba final action to address the emergency. requirement, the CFTC is publishing
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notice of the proposed collection of • Ways to enhance the quality, Commodity Exchange Act (Act) require information listed below. usefulness, and clarity of the large trader reports from clearing With respect to the following information to be collected; and members, futures commission • collection of information, the CFTC Ways to minimize the burden of merchants, and foreign brokers and invites comments on: collection of information on those who traders. These rules are designed to • are to respond, including through the provide the Commission with Whether the proposed collection of use of appropriate automated electronic, information is necessary for the proper information to effectively conduct its mechanical, or other technological market surveillance program, which performance of the functions of the collection techniques or other forms of includes the detection and prevention of Commission, including whether the information technology; e.g., permitting price manipulation and enforcement of information will have a practical use; electronic submission of responses. • The accuracy of the Commission’s speculative position limits. estimate of the burden of the proposed Large Trader Reports, OMB control The Commission estimates the burden number 3038–0009—Extension collection of information, including the of this collection of information as validity of the methodology and Parts 15 through 21 of the follows: assumptions used; Commission’s regulations under the
ESTIMATED ANNUAL REPORTING BURDEN
Annual num- 17 CFR section ber of re- Total annual Hours per re- Total hours spondents responses sponse
Parts 15–21 ...... 4,731 69,392 0.35 24,435
There are no capital costs or operating Group, Office of the Chief Information Affected Public: State, Local, or Tribal and maintenance costs associated with Officer, publishes that notice containing Gov’t, SEAs or LEAs; Federal this collection. proposed information collection Government. Dated: March 5, 2002. requests prior to submission of these Reporting and Recordkeeping Hour Burden: Jean A. Webb, requests to OMB. Each proposed information collection, grouped by Responses: 6,500. Secretary of the Commission. office, contains the following: (1) Type Burden Hours: 28,875. [FR Doc. 02–5779 Filed 3–08–02; 8:45 am] of review requested, e.g. new, revision, Abstract: The REASchool and BILLING CODE 6351–01–M extension, existing or reinstatement; (2) Classrom Implementation and Impact title; (3) summary of the collection; (4) Study (REA–SCII) is a 6-year study to description of the need for, and learn about the implementation and DEPARTMENT OF EDUCATION proposed use of, the information; (5) impact of the REA legislation on respondents and frequency of instructional practice in reading and on Notice of Proposed Information collection; and (6) Reporting and/or student reading achievement. The study Collection Requests Recordkeeping burden. OMB invites has the following features: (1) A public comment. representative sample of 75 schools that AGENCY: Department of Education. have received REA Local Reading The Department of Education is Initiative sub-grants; (2) a longitudinal SUMMARY: The Leader, Regulatory especially interested in public comment Information Management Group, Office sample of kindergarten students addressing the following issues: (1) Is followed through the end of second of the Chief Information Officer, invites this collection necessary to the proper comments on the proposed information grade; (3) measures of student reading functions of the Department; (2) will performance; (4) multiple observations collection requests as required by the this information be processed and used Paperwork Reduction Act of 1995. of classroom reading instruction in in a timely manner; (3) is the estimate grades K–2; and (5) surveys of and DATES: Interested persons are invited to of burden accurate; (4) how might the interview/focus groups with key school submit comments on or before May 10, Department enhance the quality, utility, and district staff. 2002. and clarity of the information to be Requests for copies of the proposed SUPPLEMENTARY INFORMATION: Section collected; and (5) how might the information collection request may be 3506 of the Paperwork Reduction Act of Department minimize the burden of this accessed from http://edicsweb.ed.gov, or 1995 (44 U.S.C. Chapter 35) requires collection on the respondents, including should be addressed to Vivian Reese, that the Office of Management and through the use of information Department of Education, 400 Maryland Budget (OMB) provide interested technology. Avenue, SW., Room 4050, Regional Federal agencies and the public an early Dated: March 6, 2002. Office Building 3, Washington, DC opportunity to comment on information John Tressler, 20202–4651 or to the e-mail address collection requests. OMB may amend or Leader, Regulatory Information Management, [email protected]. Requests may also waive the requirement for public Office of the Chief Information Officer. be electronically mailed to the Internet consultation to the extent that public address [email protected] or faxed to participation in the approval process Office of the Undersecretary 202–708–9346. Please specify the would defeat the purpose of the complete title of the information Type of Review: New. information collection, violate State or collection when making your request. Federal law, or substantially interfere Title: Reading Excellence Act (REA) Comments regarding burden and/or with any agency’s ability to perform its School Implementation and Impact the collection activity requirements statutory obligations. The Leader, Study: Site Visit Instruments. should be directed to Jacqueline Regulatory Information Management Frequency: Annually. Montague at (202) 708–5359 or via her
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Internet address Recordkeeping burden. OMB invites DEPARTMENT OF ENERGY [email protected]. Individuals public comment. who use a telecommunications device Notice of Availability of the Draft for the deaf (TDD) may call the Federal Dated: March 6, 2002. Environmental Assessment for Waste Information Relay Service (FIRS) at 1– John Tressler, Disposition Activities at the Paducah 800–877–8339. Leader, Regulatory Information Management, Gaseous Diffusion Plant Office of the Chief Information Officer. [FR Doc. 02–5797 Filed 3–8–02; 8:45 am] AGENCY: Department of Energy BILLING CODE 4000–01–P Office of Special Education and ACTION: Notice of availability. Rehabilitative Services SUMMARY: The Department of Energy DEPARTMENT OF EDUCATION Type of Review: New. (DOE), announces the availability of the Title: Field Test of Agency Capacity to Draft Environmental Assessment (EA) Submission for OMB Review; Implement Reporting Requirements for Waste Disposition Activities at the Comment Request Associated with Draft Evaluation Paducah Site (DOE/EA–1339) for public review and comment. The Draft EA has Standard 3 and section 101 (a)(10)(c) of AGENCY: Department of Education. been prepared in accordance with the the Rehabilitation Act, as Amended. SUMMARY: The Leader, Regulatory requirements of the National Information Management Group, Office Frequency: One-time. Environmental Policy Act of 1969 as of the Chief Information Officer invites Affected Public: State, Local, or Tribal amended (NEPA) (42 U.S.C. 4321 et comments on the submission for OMB Gov’t, SEAs or LEAs. seq.); Council on Environmental Quality review as required by the Paperwork regulations implementing NEPA, 40 Reporting and Recordkeeping Hour Reduction Act of 1995. CFR parts 1500–1508; and DOE NEPA Burden: DATES: Interested persons are invited to Implementing Procedures, 10 CFR part submit comments on or before April 10, Responses: 81. 1021. 2002. Burden Hours: 9,801. The Draft EA evaluates the potential environmental impacts associated with ADDRESSES: Written comments should Abstract: This field test will assess continued waste management be addressed to the Office of Designated State Unit (VR agency) operations at the Paducah Site, as well Information and Regulatory Affairs, capacity to obtain and use as transportation of the waste to Attention: Lauren Wittenberg, Desk unemployment insurance wage record treatment and disposal facilities at Officer, Department of Education, Office data maintained by the State various locations throughout the United of Management and Budget, 725 17th Employment Security Agencies (SESAs) States. The type of wastes analyzed Street, NW., Room 10202, New needed to implement a proposed include polychlorinated biphenyl (PCB) Executive Office Building, Washington, evaluation standard and associated waste, low-level (radioactive) waste DC 20503 or should be electronically performance indicators mandated by the (LLW), mixed low-level waste (MLLW), mailed to the Internet address 1992 amendments to the Rehabilitation and transuranic (TRU) waste. The Draft [email protected]. Act, as amended by the Workforce EA also evaluates the potential SUPPLEMENTARY INFORMATION: Section Investment Act of 1998. environmental impacts associated with 3506 of the Paperwork Reduction Act of Requests for copies of the proposed the no action alternative. 1995 (44 U.S.C. Chapter 35) requires information collection request may be The public is invited to comment on the Draft EA during the 45-day public that the Office of Management and accessed from http://edicsweb.ed.gov, or comment period which starts on the Budget (OMB) provide interested should be addressed to Vivian Reese, Federal agencies and the public an early date of this notice. All comments Department of Education, 400 Maryland opportunity to comment on information received will be considered in Avenue, SW., Room 4050, Regional collection requests. OMB may amend or preparation of the final EA. Late Office Building 3, Washington, DC waive the requirement for public comments will be considered to the consultation to the extent that public 20202–4651, or to the e-mail address extent practicable. [email protected]. Requests may also participation in the approval process ADDRESSES: Comments on the Draft EA would defeat the purpose of the be electronically mailed to the Internet _ may be submitted by mail: U.S. information collection, violate State or address OCIO [email protected] or faxed to Department of Energy, Oak Ridge Federal law, or substantially interfere 202–708–9346. Please specify the Operations Office, Attn: Mr. David with any agency’s ability to perform its complete title of the information Allen, PO Box 2001, Oak Ridge, TN statutory obligations. The Leader, collection when making your request. 37830, by fax (1–865–576–0746), Regulatory Information Management Comments regarding burden and/or electronically ([email protected]), or Group, Office of the Chief Information the collection activity requirements by phone (1–800–382–6938). Officer, publishes that notice containing should be directed to Sheila Carey at Copies of the Draft EA may also be proposed information collection (202) 708–6287 or via her Internet obtained by contacting Mr. Gary requests prior to submission of these address [email protected]. Bodenstein, U.S. Department of Energy, requests to OMB. Each proposed Individuals who use a Paducah Site Office, PO Box 1410, information collection, grouped by telecommunications device for the deaf Paducah, KY 42001, by fax (1–270–441– office, contains the following: (1) Type (TDD) may call the Federal Information 6801), or electronically of review requested, e.g. new, revision, ([email protected]). The Draft Relay Service (FIRS) at 1–800–877– extension, existing or reinstatement; (2) EA is available for review at the U.S. 8339. title; (3) summary of the collection; (4) Department of Energy Environmental description of the need for, and [FR Doc. 02–5798 Filed 3–8–02; 8:45 am] Information Center, Barkley Centre, 115 proposed use of, the information; (5) BILLING CODE 4000–01–P Memorial Drive, in Paducah Kentucky. respondents and frequency of The Draft EA is also available for review collection; and (6) Reporting and/or at the U.S. Department of Energy Public
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Reading Room at 230 Warehouse Road, Issued in Oak Ridge, Tennessee on Transcripts: Available for public Oak Ridge, TN 37830. February 28, 2002. review and copying at the Public For general information on the DOE David R. Allen, Reading Room, Room IE–190, Forrestal NEPA process, please contact: Ms. Carol Oak Ridge Operations NEPA Compliance Building, 1000 Independence Avenue, M. Borgstrom, Director, Office of NEPA Officer. SW., Washington, DC, between 9 a.m. Policy and Compliance (EH–42), U.S. [FR Doc. 02–5751 Filed 3–8–02; 8:45 am] and 4 p.m., Monday through Friday, Department of Energy, 1000 BILLING CODE 6450–01–P except Federal holidays. Independence Avenue, SW., Issued at Washington, DC, on March 6, Washington, DC 20585, telephone 202– 2002. 586–4600, or leave a message at 1–800– DEPARTMENT OF ENERGY Rachel M. Samuel, 472–2756. Deputy Committee Advisory Management DATES: The review period for the Draft Office of Fossil Energy; National Petroleum Council Officer. EA ends April 25, 2002. Comments [FR Doc. 02–5750 Filed 3–8–02; 8:45 am] postmarked after that date will be AGENCY: Department of Energy. BILLING CODE 6450–01–P considered to the extent practicable. ACTION: Notice of open meeting. One public meeting to discuss issues and receive oral comments on the Draft SUMMARY: This notice announces a DEPARTMENT OF ENERGY EA will be held on April 9, 2002, at the meeting of the National Petroleum DOE Environmental Information Center, Council. Federal Advisory Committee Federal Energy Regulatory Barkley Centre, 115 Memorial Drive, in Act (Public Law 92–463,86 Stat. 770) Commission Paducah, Kentucky. The meeting will be requires notice of these meetings be held from 6–8 p.m. CST. The public announced in the Federal Register. [Docket No. RP99–301–042] meeting will provide the public with an DATES: Wednesday, April 10, 2002, 9 ANR Pipeline Company; Notice of opportunity to present comments, ask a.m. questions, and discuss concerns with Compliance Filing ADDRESSES: The St. Regis Hotel, Crystal DOE officials regarding the Draft EA. March 5, 2002. Specific information regarding the Ballroom, 923 Sixteenth & K Streets, NW, Washington, DC. Take notice that on February 25, 2002, public meeting can be obtained by ANR Pipeline Company (ANR) filed FOR FURTHER INFORMATION CONTACT: calling 1–270–441–5204, writing to the twenty service agreements with Margie D. Biggerstaff, U.S. Department address above, or electronically. Madison Gas & Electric Company in of Energy, Office of Fossil Energy, SUPPLEMENTARY INFORMATION: The Draft compliance with the Commission’s Washington, DC 20585. Phone: 202/ EA evaluates DOE’s proposed ‘‘Order Accepting Negotiated Rate 586–3867. disposition activities for legacy and Agreements Subject to Conditions’’ future-generated PCB wastes, LLW, SUPPLEMENTARY INFORMATION: dated November 30, 2001 in the above- MLLW, and TRU waste from the Purpose of the Committee: To provide referenced docket. ANR Pipeline Paducah Gaseous Diffusion Plant at the advice, information, and Company, 97 FERC ¶ 61,252 (2001). Paducah Site in Paducah, Kentucky. recommendations to the Secretary of Any person desiring to protest said The proposed action includes: Waste Energy on matters relating to oil and gas filing should file a protest with the storage at the Paducah site; on-site or the oil and gas industry. Federal Energy Regulatory Commission, treatment of a small portion of the waste Tentative Agenda: 888 First Street, NE., Washington, DC volume covered in the Draft EA, off-site —Call to order and introductory 20426, in accordance with section treatment at treatment locations remarks by William A. Wise, Chair of 385.211 of the Commission’s rules and throughout the United States; waste the NPC. regulations. All such protests must be transport to treatment and disposal —Remarks by the Honorable Spencer filed in accordance with section 154.210 locations by truck, rail, or inter-modal Abraham, Secretary of Energy. of the Commission’s regulations. shipment; and waste disposal at various —Administrative matters. Protests will be considered by the locations throughout the United States. —Discussion of any other business Commission in determining the Off-site treatment and disposal locations properly brought before the NPC. appropriate action to be taken, but will for waste disposition include facilities —Public comment (10-minute rule). not serve to make protestants parties to in Nevada, Utah, Texas, Washington, —Adjournment. the proceedings. Copies of this filing are Idaho, New Mexico, and Tennessee. Public Participation: The meeting is on file with the Commission and are Supporting activities are also evaluated open to the public. The chairperson of available for public inspection. This in the Draft EA. Examples of these the Council is empowered to conduct filing may also be viewed on the Web activities include, characterization the meeting in a fashion that will at http://www.ferc.gov using the ‘‘RIMS’’ activities of waste currently in storage, facilitate the orderly conduct of link, select ‘‘Docket#’’ and follow the on-site waste movement, sorting, business. Any member of the public instructions (call 202–208–2222 for packaging, inspecting, labeling. The who wishes to file a written statement assistance). Comments, protests and Draft EA also evaluates the no action with the Council will be permitted to do interventions may be filed electronically alternative. Under this alternative, DOE so, either before or after the meeting. via the Internet in lieu of paper. See, 18 would not perform disposition activities Members of the public who wish to CFR 385.2001(a)(1)(iii) and the except for those needed for standard make oral statements pertaining to instructions on the Commission’s web waste management and maintenance. agenda items should contact Margie D. site under the No disposal of the existing and Biggerstaff at the address or telephone ‘‘e-Filing’’ link. projected quantities of waste would number listed above. Requests must be occur. DOE would continue to store received at least five days prior to the Magalie R. Salas, such waste. Ongoing non-CERCLA meeting and reasonable provision will Secretary. waste management operations would be made to include the presentation on [FR Doc. 02–5725 Filed 3–8–02; 8:45 am] continue. the agenda. BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY and Cinergy Marketing & Trading, L.P. February 25, 2002 in the above- dated February 28, 2002 and FTS–1 referenced proceeding. Federal Energy Regulatory Service Agreement No. 72307 between Any person desiring to be heard or to Commission Columbia Gulf Transmission Company protest this filing should file a motion [Docket No. RP02–147–000] and Reliant Energy Services, Inc. dated to intervene or protest with the Federal February 28, 2002 Energy Regulatory Commission, 888 ANR Pipeline Company; Notice To Columbia Gulf states that First Street, NE., Washington, DC 20426, Convene Meeting and Setting Date for transportation service is to commence in accordance with Rules 211 and 214 Convening Session April 1, 2002 under the agreements. of the Commission’s Rules of Practice Columbia Gulf states that it has served and Procedure (18 CFR 385.211 and March 5, 2002. copies of the filing on all parties 385.214). All such motions or protests On January 18, 2002, ANR Pipeline identified on the official service list in must be filed on or before March 18, Company filed revised tariff sheets that Docket No. RP96–389. 2002. Protests will be considered by the limits the liability of ANR and its Any person desiring to be heard or to Commission in determining the shippers to actual damages in certain protest said filing should file a motion appropriate action to be taken, but will circumstances. On February 28, 2002, to intervene or a protest with the not serve to make protestants parties to the Commission accepted and Federal Energy Regulatory Commission, the proceeding. Any person wishing to suspended the tariff sheet to be effective 888 First Street, NE., Washington, DC become a party must file a motion to on or earlier of August 1, 2002, or a date 20426, in accordance with Sections intervene. Answers to the complaint specified in a further order of the 385.214 or 385.211 of the Commission’s shall also be due on or before March 18, Commission, subject to refund and Rules and Regulations. All such motions 2002. Copies of this filing are on file conditions. The Commission also or protests must be filed in accordance with the Commission and are available directed the Dispute Resolution Service with Section 154.210 of the for public inspection. This filing may to convene a meeting of the parties by Commission’s Regulations. Protests will also be viewed on the Web at http:// March 14, 2002, to arrange a process be considered by the Commission in www.ferc.gov using the ‘‘RIMS’’ link, that may foster negotiation and determining the appropriate action to be select ‘‘Docket # ’’ and follow the agreement regarding the proposed tariff taken, but will not serve to make instructions (call 202–208–2222 for sheet. protestants parties to the proceedings. assistance). Comments, protests, The Commission’s Dispute Resolution Any person wishing to become a party interventions and answers may be filed Service will conduct a convening must file a motion to intervene. Copies electronically via the Internet in lieu of session on March 13, 2002, commencing of this filing are on file with the paper. See, 18 CFR 385.2001(a)(1)(iii) at 10 a.m., in Room 3M–2A at the Commission and are available for public and the instructions on the Federal Energy Regulatory Commission, inspection. This filing may also be Commission’s Web site under the 888 First Street, NE., Washington, DC viewed on the Web at http:// ‘‘e-Filing’’ link. The convening session will cover www.ferc.gov using the ‘‘RIMS’’ link, Magalie R. Salas, Alternative Dispute Resolution (ADR) select ‘‘Docket#’’ and follow the Secretary. processes and interest-based negotiation instructions (call 202–208–2222 for and will finalize the ADR process. The assistance). Comments, protests and [FR Doc. 02–5720 Filed 3–8–02; 8:45 am] Dispute Resolution Service will also interventions may be filed electronically BILLING CODE 6717–01–P assist the parties in better identifying via the Internet in lieu of paper. See, 18 and clarifying the issues in the above- CFR 385.2001(a)(1)(iii) and the DEPARTMENT OF ENERGY captioned docket. If a party has any instructions on the Commission’s Web questions, please call Deborah Osborne site under the ‘‘e-Filing’’ link. Federal Energy Regulatory at (202) 208–0831. Magalie R. Salas, Commission Magalie R. Salas, Secretary. [Docket No. RP00–632–007] Secretary. [FR Doc. 02–5723 Filed 3–8–02; 8:45 am] [FR Doc. 02–5727 Filed 3–8–02; 8:45 am] BILLING CODE 6717–01–P Dominion Transmission, Inc.; Notice of BILLING CODE 6717–01–P Report of Refunds
DEPARTMENT OF ENERGY March 5, 2002. DEPARTMENT OF ENERGY Take notice that on February 26, 2002, Federal Energy Regulatory Dominion Transmission, Inc. (DTI) filed Federal Energy Regulatory Commission its report of refunds attributable to the Commission resolution of the above-captioned [Docket No. RP96–389–004] [Docket No. EL02–63–000] proceeding. DTI states that the reported refunds and billing adjustments reflect Columbia Gulf Transmission Constellation Power Source, Inc., DTI’s implementation of the TCRA Company; Notice of Negotiated Rate Complainant, v. California Power settlement in the above-captioned Filing Exchange, Corporation Respondent; proceeding. Notice of Amended Complaint Filing DTI states that the purpose of this March 5, 2002. filing is to report refunds (including Take notice that on March 1, 2002, March 5, 2002. interest) that DTI made by wire on Columbia Gulf Transmission Company Take notice that on February 26, 2002, January 29, 2002, and billing (Columbia Gulf) tendered for filing the Constellation Power Source, Inc. adjustments made with January following contracts for disclosure of (Constellation) tendered for filing with invoices. DTI further states that these negotiated rate transactions: FTS–1 the Federal Energy Regulatory refunds were made as a result of DTI’s Service Agreement No. 72331 between Commission (Commission) an amended implementation of the Commission’s Columbia Gulf Transmission Company Appendix I to its Complaint filed September 13, 2001, and October 26,
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2001, letter orders, in Docket Nos. Original Sheet No. 538B interventions may be filed electronically RP00–632–000, et al. Original Sheet No. 538C via the Internet in lieu of paper. See, 18 DTI states that copies of its report and Original Sheet No. 538D CFR 385.2001(a)(1)(iii) and the summary workpapers are being mailed Third Revised Sheet No. 539 Fourth Revised Sheet No. 540 instructions on the Commission’s web to affected customers, interested state Fourth Revised Sheet No. 541 site under the ‘‘e-Filing’’ link. commissions and all parties to the Fourth Revised Sheet No. 542 above-captioned proceeding. Magalie R. Salas, Any person desiring to protest said FGT states that on December 1, 1999, Secretary. filing should file a protest with the in Docket No. CP00–40–000, FGT filed [FR Doc. 02–5730 Filed 3–8–02; 8:45 am] for authorization to expand the capacity Federal Energy Regulatory Commission, BILLING CODE 6717–01–P 888 First Street, NE., Washington, DC of its system in order to provide 20426, in accordance with section incremental firm transportation service 385.211 of the Commission’s rules and pursuant to Rate Schedule FTS–2 (Phase DEPARTMENT OF ENERGY Regulations. All such protests must be V Certificate Application). Included as Federal Energy Regulatory filed on or before March 12, 2002. part of the Phase V Certificate Application were the Phase V shippers’ Commission Protests will be considered by the FTS–2 service agreements. FGT further Commission in determining the [Docket No. RP02–167–000] states that in its Preliminary appropriate action to be taken, but will Determination on Nonenvironmental not serve to make protestants parties to Florida Gas Transmission Company; Issues dated November 22, 2000 (‘‘PD’’) the proceedings. Copies of this filing are Notice of Filing the Commission noted that these service on file with the Commission and are agreements contained certain variations March 5, 2002. available for public inspection. This from the FTS–2 Form of Service Take notice that on February 28, 2002, filing may also be viewed on the web at Agreement contained in FGT’s Tariff. Florida Gas Transmission Company http://www.ferc.gov using the ‘‘RIMS’’ The PD directed FGT ‘‘to refile them so (FGT) tendered for filing service link, select ‘‘Docket#’’ and follow the that they conform with the FTS–2 Form agreements for its Phase V Expansion. instructions (call 202–208–2222 for of Service Agreement in its tariff or to No tariff changes are proposed. assistance). Comments, protests and develop a generally applicable FTS–2 FGT states that pursuant to the interventions may be filed electronically Form of Service Agreement to conform Preliminary Determination on via the Internet in lieu of paper. See, 18 with the Phase V agreements.’’ FGT Nonenvironmental Issues issued by the CFR 385.2001(a)(1)(iii) and the states that the instant filing includes Federal Energy Regulatory Commission instructions on the Commission’s Web tariff modifications to its FTS–2 Form of (Commission) on November 22, 2000 in site under the ‘‘e-Filing’’ link. Service Agreement to include expansion Docket Nos. CP00–40–000, et al., which Magalie R. Salas, provisions which generally conform to addressed all of the nonenvironmental Secretary. the expansion-type service agreements issues in the Phase V Expansion, the [FR Doc. 02–5726 Filed 3–8–02; 8:45 am] filed with the Phase V Certificate Commission noted that the service BILLING CODE 6717–01–P Application, and to make the FTS–2 agreements attached to the application Form of Service Agreement adaptable did not track exactly the Rate Schedule for incremental service offered as a FTS–2 Form of Service Agreement in DEPARTMENT OF ENERGY result of future capacity expansions by the FGT FERC Gas Tariff. The FGT. Commission directed that FGT either Federal Energy Regulatory FGT states that copies of the filing change the form of service agreement in Commission were mailed to all interested parties and its tariff to conform to the service state commissions. agreements in the Phase V Expansion or [Docket No. RP02–166–000] Any person desiring to be heard or to that FGT change the service agreements Florida Gas Transmission Company; protest said filing should file a motion to conform to the tariff. Notice of Proposed Changes in FERC to intervene or a protest with the Accordingly, FGT states that it is Gas Tariff Federal Energy Regulatory Commission, filing the Phase V service agreements 888 First Street, NE., Washington, DC under Section 4 of the Natural Gas Act. March 5, 2002. 20426, in accordance with sections In addition, FGT is filing concurrently, Take notice that on February 28, 2002, 385.214 or 385.211 of the Commission’s in a companion filing, to modify its Florida Gas Transmission Company rules and regulations. All such motions standard Form of Service Agreement for (FGT) tendered for filing to become part or protests must be filed in accordance Rate Schedule No. FTS–2 to incorporate of its FERC Gas Tariff, Third Revised with section 154.210 of the various terms and conditions applicable Volume No. 1, the following tariff Commission’s regulations. Protests will to expansion projects. sheets, to be effective April 1, 2002: be considered by the Commission in Any person desiring to be heard or to Fourth Revised Sheet No. 528 determining the appropriate action to be protest said filing should file a motion Third Revised Sheet No. 529 taken, but will not serve to make to intervene or a protest with the Fourth Revised Sheet No. 530 protestants parties to the proceedings. Federal Energy Regulatory Commission, Third Revised Sheet No. 531 Any person wishing to become a party 888 First Street, NE., Washington, DC Third Revised Sheet No. 532 must file a motion to intervene. Copies 20426, in accordance with sections Fourth Revised Sheet No. 533 of this filing are on file with the 385.214 or 385.211 of the Commission’s Fourth Revised Sheet No. 534 Commission and are available for public rules and regulations. All such motions Fourth Revised Sheet No. 535 inspection. This filing may also be or protests must be filed on or before First Revised Sheet No. 535.01 Third Revised Sheet No. 535A viewed on the web at http:// March 12, 2002. Protests will be Third Revised Sheet No. 536 www.ferc.gov using the ‘‘RIMS’’ link, considered by the Commission in Third Revised Sheet No. 537 select ‘‘Docket#’’ and follow the determining the appropriate action to be Third Revised Sheet No. 538 instructions (call 202–208–2222 for taken, but will not serve to make Original Sheet No. 538A assistance). Comments, protests and protestants parties to the proceedings.
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Any person wishing to become a party instructions (call 202–208–2222 for instructions on the Commission’s Web must file a motion to intervene. Copies assistance). Comments, protests and site under the ‘‘e-Filing’’ link. of this filing are on file with the interventions may be filed electronically Magalie R. Salas, Commission and are available for public via the Internet in lieu of paper. See, 18 inspection. This filing may also be CFR 385.2001(a)(1)(iii) and the Secretary. viewed on the Web at http:// instructions on the Commission’s Web [FR Doc. 02–5729 Filed 3–8–02; 8:45 am] www.ferc.gov using the ‘‘RIMS’’ link, site under the ‘‘e-Filing’’ link. BILLING CODE 6717–01–P select ‘‘Docket#’’ and follow the Magalie R. Salas, instructions (call 202–208–2222 for assistance). Comments, protests and Secretary. DEPARTMENT OF ENERGY [FR Doc. 02–5728 Filed 3–8–02; 8:45 am] interventions may be filed electronically Federal Energy Regulatory BILLING CODE 6717–01–P via the Internet in lieu of paper. See, 18 Commission CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s web [Docket No. PR02–11–000] site under the ‘‘e-Filing’’ link. DEPARTMENT OF ENERGY Jefferson Island Storage & Hub L.L.C.; Magalie R. Salas, Federal Energy Regulatory Notice of Petition for Rate Approval Secretary. Commission March 5, 2002. [FR Doc. 02–5731 Filed 3–8–02; 8:45 am] [Docket No. RP02–165–000] Take notice that on February 26, 2002, BILLING CODE 6717–01–P Horizon Pipeline Company, L.L.C.; Jefferson Island Storage & Hub, L.L.C. Notice of Proposed Changes in FERC (Jefferson Island ) filed, pursuant to DEPARTMENT OF ENERGY Gas Tariff Section 284.123(b)(2) of the Commission’s Regulations, a petition for Federal Energy Regulatory March 5, 2002. rate approval of a system-wide rate it Commission Take notice that on February 27, 2002, proposes to charge for transporting Horizon Pipeline Company, L.L.C. natural gas pursuant to section 311(a)(2) [Docket No. RP02–153–001] (Horizon) tendered for filing to become of the Natural Gas Policy Act of 1978 Horizon Pipeline Company, L.L.C.; part of its FERC Gas Tariff, Original (NGPA). Jefferson Island proposes to Notice of Proposed Changes in FERC Volume No. 1, certain tariff sheets listed continue its current maximum Gas Tariff in Appendix A to the filing, to be interruptible rate of $0.08000 per effective April 1, 2002. MMBtu plus a two-percent in-kind fuel March 5, 2002. Horizon states that the purpose of this reimbursement when compression is Take notice that on March 1, 2002, filing is to update Horizon’s pending required for pipeline boost. Jefferson Horizon Pipeline Company, L.L.C. Tariff and correct or clarify various Island requests that rates be effective (Horizon) tendered for filing to become provisions. January 15, 2002. part of its pending FERC Gas Tariff, Horizon states that copies of the filing Pursuant to section 284.123(b)(2)(ii), Original Volume No. 1, pro forma First are being mailed to interested state if the Commission does not act within Revised Sheet No. 149A. Horizon states commissions and all parties set out on 150 days of the date of this filing, the that it also withdrew pending pro forma the Commission’s official service lists in rates will be deemed to be fair and First Revised Sheet No. 197 Horizon Docket Nos. CP00–129 and CP00–132. equitable and not in excess of an states that the purpose of this filing is Any person desiring to be heard or to amount which interstate pipelines to modify its Order No. 637 compliance protest said filing should file a motion would be permitted to charge for similar filing based on customer’s comments. to intervene or a protest with the transportation service. The Commission Horizon states that copies of the filing Federal Energy Regulatory Commission, may, prior to the expiration of the 150 are being mailed to interested state 888 First Street, NE., Washington, DC day period, extend the time for action or commissions and all parties set out on 20426, in accordance with sections institute a proceeding to afford parties the Commission’s official service lists in 385.214 or 385.211 of the Commission’s an opportunity for written comments Docket Nos. RP02–153 and CP00–129, et rules and regulations. All such motions and for the oral presentation of views, al. or protests must be filed in accordance data, and arguments. Any person desiring to protest said with section 154.210 of the Any person desiring to participate in filing should file a protest with the Commission’s regulations. Protests will this rate proceeding must file a motion Federal Energy Regulatory Commission, be considered by the Commission in to intervene or protest with the Federal 888 First Street, NE., Washington, DC determining the appropriate action to be Energy Regulatory Commission, 888 20426, in accordance with Section taken, but will not serve to make First Street, NE., Washington DC 20426, 385.211 of the Commission’s rules and protestants parties to the proceedings. in accordance with Sections 385.214 or regulations. All such protests must be Any person wishing to become a party 385.211 of the Commission’s Rules and filed in accordance with Section must file a motion to intervene. Copies Regulations. All such motions or 154.210 of the Commission’s of this filing are on file with the protests must be filed with the Secretary Regulations. Protests will be considered Commission and are available for public of the Commission on or before March by the Commission in determining the inspection. This filing may also be 26, 2002. Protests will be considered by appropriate action to be taken, but will viewed on the Web at http:// the Commission in determining the not serve to make protestants parties to www.ferc.gov using the ‘‘RIMS’’ link, appropriate action to be taken, but will the proceedings. Copies of this filing are select ‘‘Docket#’’ and follow the not serve to make protestants parties to on file with the Commission and are instructions (call 202–208–2222 for the proceedings. Any person wishing to available for public inspection. This assistance). Comments, protests and become a party must file a motion to filing may also be viewed on the Web interventions may be filed electronically intervene. This petition for rate at http://www.ferc.gov using the ‘‘RIMS’’ via the Internet in lieu of paper. See, 18 approval is on file with the Commission link, select ‘‘Docket#’’ and follow the CFR 385.2001(a)(1)(iii) and the and are available for public inspection.
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This filing may also be viewed on the instructions on the Commission’s Web Natural Gas Act (NGA), as amended, Web at http://www.ferc.gov using the site under the ‘‘e-Filing’’ link. and the Federal Energy Regulatory ‘‘RIMS’’ link, select ‘‘Docket#’’ and Commission’s (the Commission) Rules Magalie R. Salas, follow the instructions (call 202–208– and Regulations thereunder. Steuben 2222 for assistance). Comments, protests Secretary. Gas requests authorization to modify and interventions may be filed [FR Doc. 02–5724 Filed 3–8–02; 8:45 am] two wells at the Adrian storage field in electronically via the Internet in lieu of BILLING CODE 6717–01–P Steuben County, New York. The paper. See, 18 CFR 385.2001(a)(1)(iii) modifications will consist of: converting and the instructions on the Adrian No. 2 well from an observation DEPARTMENT OF ENERGY Commission’s Web site under the ‘‘e- well to an injection/withdrawal well; Filing’’ link. Federal Energy Regulatory and, laterally extending up to 1500 feet Commission Adrian No. 8 well. These modifications Magalie R. Salas, are to improve the Adrian field’s late- Secretary. [Project No. 2114–104] season deliverability, while maintaining [FR Doc. 02–5722 Filed 3–8–02; 8:45 am] the field’s maximum operating limits BILLING CODE 6717–01–P Public Utility District No. 2 of Grant originally certificated, all as more fully County, Washington; Notice set forth in the application, which is on Dismissing Complaint file with the Commission, and open for DEPARTMENT OF ENERGY March 4, 2002. public inspection. This filing may be On February 12, 2002, the Yakama viewed on the Web at http:// Federal Energy Regulatory www.ferc.gov using the ‘‘RIMS’’ link, Commission Nation (Complainant) filed a complaint against Public Utility District No. 2 of select ‘‘Docket #’’ and follow the [Docket No. RP97–374–004] Grant County, Washington (Grant instructions (call 202–208–2222 for County), alleging that Grant County is in assistance). Northwest Pipeline Corporation; Notice violation of its license for the Priest Steuben Gas requests that the Commission issue a certificate by May of Compliance Filing Rapids Hydroelectric Project No. 2114, 1, 2002 so that contracts may be Federal law authorizing the March 5, 2002. awarded and required work completed development of the Project, and certain Take notice that on February 28, 2002, by July 31, 2002. The cost of the sections of the Federal Power Act. The Northwest Pipeline Corporation modifications is estimated to be Complainant requested that the (Northwest) tendered for filing as part of approximately $700,000. No new rates Commission employ fast track its FERC Gas Tariff, Third Revised or rate schedules are proposed. The procedures to address its complaint. Volume No. 1, the following tariff On February 28, 2002, Complainant proposed modifications should improve sheets, with an effective date of filed a motion, citing unspecified the storage field’s operating reliability and availability and provide significant February 18, 2002: changed circumstances, requesting that operational benefits to all customers, so Substitute Eleventh Revised Sheet No. 364 the Commission hold processing of its Steuben Gas would be allowed to roll- Substitute Original Sheet No. 370 complaint in abeyance pending the in the modification’s costs in a future filing of an amended complaint at an Northwest states that, consistent with rate case. No changes are proposed to unspecified future time. Rather than the Commission’s order in this the currently authorized Maximum holding the complaint in abeyance proceeding, it is submitting tariff sheets Daily Withdrawal Quantity or pending the filing of a new, revised to reflect removal of the nonconforming Maximum Daily Injection Quantity complaint, we will dismiss it without provision in Northwest’s negotiated rate levels. service agreement with Calpine Energy prejudice. At such time as complainant Questions regarding this filing should Services, L.P. files an amended complaint, it will be be directed to Dawn A. McGuire, Any person desiring to protest said noticed and a deadline for responses Attorney, Steuben Gas Storage filing should file a protest with the thereto will be established. Company, 9 E Greenway Plaza, Federal Energy Regulatory Commission, Magalie R. Salas, Houston, TX 77046 or call (832) 676– 888 First Street, NE., Washington, DC Secretary. 5503. 20426, in accordance with Section [FR Doc. 02–5696 Filed 3–8–02; 8:45 am] There are two ways to become 385.211 of the Commission’s Rules and involved in the Commission’s review of Regulations. All such protests must be BILLING CODE 6717–01–P this project. First, any person wishing to filed in accordance with Section obtain legal status by becoming a party 154.210 of the Commission’s DEPARTMENT OF ENERGY to the proceedings for this project Regulations. Protests will be considered should, on or before March 26, 2002, file by the Commission in determining the Federal Energy Regulatory with the Federal Energy Regulatory appropriate action to be taken, but will Commission Commission, 888 First Street, NE, not serve to make protestants parties to Washington, DC 20426, a motion to the proceedings. Copies of this filing are [Docket No. CP02–95–000] intervene in accordance with the on file with the Commission and are Steuben Gas Storage Company; Notice requirements of the Commission’s Rules available for public inspection. This of Application of Practice and Procedure (18 CFR filing may also be viewed on the Web 385.214 or 385.211) and the Regulations at http://www.ferc.gov using the ‘‘RIMS’’ March 5, 2002. under the NGA (18 CFR 157.10). A link, select ‘‘Docket#’’ and follow the Take notice that on February 22, 2002, person obtaining party status will be instructions (call 202–208–2222 for Steuben Gas Storage Company (Steuben placed on the service list maintained by assistance). Comments, protests and Gas), Nine Greenway Plaza, Houston, the Secretary of the Commission and interventions may be filed electronically Texas 77046, filed an application for a will receive copies of all documents via the Internet in lieu of paper. See, 18 certificate of public convenience and filed by the applicant and by all other CFR 385.2001(a)(1)(iii) and the necessity pursuant to section 7 of the parties. A party must submit 14 copies
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of filings made with the Commission comments or to intervene as early in the link—select ‘‘Docket #’’ and follow the and must mail a copy to the applicant process as possible. instructions (call 202–208–2222 for and to every other party in the If the Commission decides to set the assistance). proceeding. Only parties to the application for a formal hearing before For further information, contact Ellen proceeding can ask for court review of an Administrative Law Judge, the Armbruster (202) 208–1672. Commission orders in the proceeding. Commission will issue another notice Magalie R. Salas, describing that process. At the end of However, a person does not have to Secretary. intervene in order to have comments the Commission’s review process, a [FR Doc. 02–5697 Filed 3–8–02; 8:45 am] considered. The second way to final Commission order approving or participate is by filing with the denying a certificate will be issued. BILLING CODE 6717–01–P Secretary of the Commission, as soon as Comments, protests and interventions may be filed electronically via the possible, an original and two copies of DEPARTMENT OF ENERGY comments in support of or in opposition Internet in lieu of paper. See, 18 CFR to this project. The Commission will 385.2001(a)(1)(iii) and the instructions Federal Energy Regulatory consider these comments in on the Commission’s Web site under the Commission determining the appropriate action to be ‘‘e-Filing’’ link. [Docket No. CP01–361–000] taken, but the filing of a comment alone Magalie R. Salas, will not serve to make the filer a party Secretary. Northwest Pipeline Corp.; Notice of to the proceeding. The Commission’s Availability of the Environmental rules require that persons filing [FR Doc. 02–5719 Filed 3–8–02; 8:45 am] BILLING CODE 6717–01–P Assessment for the Proposed Grays comments in opposition to the project Harbor Pipeline Project provide copies of their protests only to March 4, 2002. the party or parties directly involved in DEPARTMENT OF ENERGY the protest. The staff of the Federal Energy Persons who wish to comment only Federal Energy Regulatory Regulatory Commission (FERC or on the environmental review of this Commission Commission) has prepared an project should submit an original and environmental assessment (EA) on the two copies of their comments to the [Project No. 6032–041] natural gas pipeline facilities proposed by Northwest Pipeline Corporation Secretary of the Commission. Niagara Mohawk Power Corporation Environmental commenters will be (Northwest) in the above-referenced and Fourth Branch Associates docket. placed on the Commission’s (Mechanicville); New York; Notice of environmental mailing list, will receive The EA was prepared to satisfy the Availability of Final Environmental requirements of the National copies of the environmental documents, Assessment and will be notified of meetings Environmental Policy Act. The staff associated with the Commission’s March 4, 2002. concludes that approval of the proposed environmental review process. In accordance with the National project, with appropriate mitigating measures, would not constitute a major Environmental commenters will not be Environmental Policy Act of 1969 and Federal action significantly affecting the required to serve copies of filed the Federal Energy Regulatory documents on all other parties. quality of the human environment. Commission’s (Commission) The EA assesses the potential However, the nonparty commenters will regulations, 18 CFR part 380 (Order No. not receive copies of all documents filed environmental effects of the 486, 52 FR 47897), the Office of Energy construction and operation of the by other parties or issued by the Projects has reviewed the application proposed gas pipeline and aboveground Commission (except for the mailing of for license for the Mechanicville facilities including: environmental documents issued by the Hydroelectric Project, located on the • About 49.0 miles of a 20-inch- Commission) and will not have the right Hudson River in Saratoga and diameter pipeline in Thurston and to seek court review of the Rensselaer Counties, New York, and has Grays Harbor Counties, Washington, Commission’s final order. prepared a Final Environmental which would tie in with Northwest’s The Commission may issue a Assessment (FEA) for the project. A existing mainline and mainline loop preliminary determination on non- Draft Environmental Assessment was south of the Town of Ranier in Thurston environmental issues prior to the issued on November 13, 2001. No County, Washington. The pipeline completion of its review of the federal lands or Indian reservations are would extend from the interconnect environmental aspects of the project. occupied by project works or located with Northwest’s existing system to the This preliminary determination within the project boundary. Satsop Combustion Turbine Project that typically considers such issues as the The FEA contains the staff’s analysis is being constructed in the town of need for the project and its economic of the potential environmental impacts Satsop in Grays Harbor County, effect on existing customers of the of the project and concludes that Washington. applicant, on other pipelines in the area, surrendering the license for the project, • A meter station adjacent to the and on landowners and communities. with appropriate environmental Satsop Project plant site at the end of For example, the Commission considers protective measures, would not the pipeline; the extent to which the applicant may constitute a major federal action that • Upgrades to the existing Tumwater need to exercise eminent domain to would significantly affect the quality of Compressor Station in Thurston County, obtain rights-of-way for the proposed the human environment. including the addition of a new project and balances that against the A copy of the FEA is attached to the compressor unit (rated 3,894 non-environmental benefits to be Commission Order Accepting License horsepower) and replacement of an provided by the project. Therefore, if a Surrender issued on February 28, 2002 existing backup generator with a 355 person has comments on community and is available for public inspection. kilowatt backup generator; and and landowner impacts from this The FEA may also be viewed on the web • Other aboveground facilities proposal, it is important either to file at http://www.ferc.gov using the ‘‘RIMS’’ including two 20-inch-diameter
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mainline taps, a pig launcher, four 20- become a party to the proceeding must the site visits may contact the inch-diameter block valve assemblies; file a motion to intervene pursuant to Commission’s Office of External Affairs and a new antenna and radio repeater at Rule 214 of the Commission’s Rules of at (201) 208–1088 for more details and the existing Capitol Peak radio site. Practice and Procedures (18 CFR must provide their own transportation. The purpose of the proposed facilities 385.214).1 Only intervenors have the would be to supply natural gas to fully right to seek rehearing of the Magalie R. Salas, operate Duke Energy Grays Harbor Commission’s decision. Secretary. LLC’s Satsop Combustion Turbine Affected landowners and parties with [FR Doc. 02–5695 Filed 3–8–02; 8:45 am] Project in Satsop, Washington. The environmental concerns may be granted BILLING CODE 6717–01–P pipeline would have a design capacity intervenor status upon showing good of up to 161,500 dekatherms per day. cause by stating that they have a clear The electricity produced by the Satsop and direct interest in this proceeding DEPARTMENT OF ENERGY Combustion Turbine Project would be which would not be adequately Federal Energy Regulatory sold in the wholesale electric market. A represented by any other parties. You do Commission portion of the output would be not need intervenor status to have your delivered to Energy Northwest, and the comments considered. [Docket No. EL01–118–000] balance would be delivered to Additional information about the Bonneville Power Authority to help proposed project is available from the Investigation of Terms and Conditions satisfy current and projected power Commission’s Office of External Affairs, of Public Utility Market-Based Rate demand. at (202) 208–1088 or on the FERC Authorizations; Notice of Staff The EA has been placed in the public Internet website (www.ferc.gov) using Conference Agenda files of the FERC. A limited number of the ‘‘RIMS’’ link to information in this March 1, 2002. copies of the EA are available for docket number. Click on the ‘‘RIMS’’ As announced in the Notice of Staff distribution and public inspection at: link, select ‘‘Docket #’’ from the RIMS Conference issued on February 25, 2002, Federal Energy Regulatory Commission, Menu, and follow the instructions. For Commission staff will hold a conference Public Reference and Files Maintenance assistance with access to RIMS, the on March 11, 2002 to address the Branch 888 First Street, N.E., Room 2A, RIMS helpline can be reached at (202) comments and reply comments that Washington, DC 20426, (202) 208–1371. 208–2222. Copies of the EA have been mailed to Similarly, the ‘‘CIPS’’ link on the were filed in this proceeding. The Federal, state and local agencies, public FERC Internet website provides access purpose of this conference is to interest groups, interested individuals, to the texts of formal documents issued determine whether and how the newspapers, and parties to this by the Commission, such as orders, proposed tariff condition can be proceeding. notices, and rulemakings. From the modified to address legitimate concerns Any person wishing to comment on FERC Internet website, click on the that have been raised by commenters the EA may do so. To ensure ‘‘CIPS’’ link, select ‘‘Docket #’’ from the while, at the same time, protecting consideration prior to a Commission CIPS menu, and follow the instructions. customers against unjust and decision on the proposal, it is important For assistance with access to CIPS, the unreasonable rates that may result from that we receive your comments before CIPS helpline can be reached at (202) anticompetitive behavior or the exercise the date specified below. Please 208–2474. of market power. A key question to be carefully follow these instructions to considered is whether the proposed Magalie R. Salas, tariff condition can be modified to ensure that your comments are received Secretary. in time and properly recorded: adequately protect customers on an • Send two copies of your comments [FR Doc. 02–5694 Filed 3–8–02; 8:45 am] interim basis until such time as the to: Secretary, Federal Energy Regulatory BILLING CODE 6717–01–P Commission adopts other measures to Commission 888 First St., N.E., Room ensure competitive markets, including standard market design rules (with 1A, Washington, DC 20426; DEPARTMENT OF ENERGY • Label one copy of the comments for market-power mitigation rules where appropriate) and the establishment of the attention of the Office of Energy Federal Energy Regulatory RTO market monitoring units. At that Projects (Gas Branch 2) Commission • Reference Docket No. CP01–361– time, a determination could be made as 000; and [Docket No. CP01–415–000] to whether a tariff condition will • Mail your comments so that they continue to be needed. will be received in Washington, DC on East Tennessee Natural Gas Company; The conference will start at 9:30 a.m. or before April 3, 2002. Notice of Site Visit and adjourn at 1:30 p.m. It is scheduled Comments may also be filed March 4, 2002. to be held in the Commission meeting electronically via the Internet in lieu of Between March 18–20, 2002 the staff room at the Federal Energy Regulatory paper. See 18 CFR 385.2001(a)(1)(iii) will be conducting site visits of the Commission, 888 First Street, NE, and the instructions on the project route for the proposed Patriot Washington, DC The conference is open Commission’s web site at http:// Expansion in Wythe and Smyth for the public to attend. An agenda of the conference that www.ferc.gov under the ‘‘e-Filing’’ link Counties in Virginia and in Sullivan, includes a list of conference panelists is and the link to the User’s Guide. Before Knox, Hamilton, Franklin, and Morgan appended to this notice as Attachment you can file comments you will need to Counties in Tennessee. Representatives A. In addition, a staff paper that create an account which can be created of East Tennessee Natural Gas Company provides an overview of the comments by clicking on ‘‘Login to File’’ and then will accompany Commission staff. and identifies possible modifications to ‘‘New User Account.’’ Anyone interested in participating in Comments will be considered by the the tariff condition is appended to this Commission but will not serve to make 1 Interventions may also be filed electronically via notice as Attachment B. Those who the commentor a party to the the Internet in lieu of paper. See the previous wish to submit comments following the proceeding. Any person seeking to discussion on filing comments electronically. conference may file written comments,
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limited to 20 pages in length, by March Internet at www.hearing.com. The could result in unjust or unreasonableness 22, 2002. Internet audio will be archived and rates. The Commission proposed to take steps available for listening after the event is now to minimize the potential for any such Filing Requirements for Paper and completed. Billing is based on listening market power abuse or anticompetitive Electronic Filings behavior to protect customers against time. Comments, papers, or other possible unjust and unreasonable rates. In Anyone interested in purchasing particular, the Commission proposed to documents related to this proceeding videotapes of the conference should call revise all existing market-based rate tariffs may be filed in paper format or VISCOM at 703–715–7999. and authorizations to include the following electronically. Those filing Questions about the conference provision: ‘‘As a condition of obtaining and electronically do not need to make a program should be directed to: Saida retaining market-based rate authority, the paper filing. Shaalan Office of Markets, Tariffs, and seller is prohibited from engaging in For paper filings, the original and 14 Rates Federal Energy Regulatory anticompetitive behavior or the exercise of copies of the comments should be Commission 888 First Street, NE market power. The seller’s market-based rate submitted to the Office of the Secretary, Washington, DC 20426 202–208–0278 authority is subject to refunds or other Federal Energy Regulatory Commission, remedies as may be appropriate to address [email protected] any anticompetitive behavior or exercise of 888 First Street, NE, Washington DC Linwood A. Watson, Jr., market power.’’ 20426 and should refer to Docket No. The Commission stated that Deputy Secretary. EL01–118–000. anticompetitive behavior or exercises of Documents filed electronically via the Attachment A market power include behavior that raises Internet must be prepared in Agenda—Conference on Investigation of the market price through physical or WordPerfect, MS Word, Portable Terms and Conditions of Public Utility economic withholding of supplies. The Document Format, or ASCII format. To Market-Based Rate Authorizations November 20 Order explains that ‘‘physical withholding’’ occurs ‘‘when a supplier fails file the document, access the [Docket No. EL01–118–000] Commission’s website at www.ferc.gov, to offer its output to the market during click on ‘‘E-Filing’’ and then follow the I. Opening Remarks—9:30 a.m.–10 a.m. periods when the market price exceeds the supplier’s full incremental costs,’’ and instructions for each screen. First time • David Hunger, Economist, Office of Markets, Tariffs and Rates, Division of Rates ‘‘economic withholding’’ occurs ‘‘when a users will have to establish a user name supplier offers output to the market at a price and password. The Commission will and Tariffs, West • Jerome Pederson, Energy Industry that is above both its full incremental costs send an automatic acknowledgment to Analyst, Office of Markets, Tariffs and Rates, and the market price (and thus, the output is the sender’s E-mail address upon receipt Division of Issue Identification and not sold).’’ of comments. User assistance for Resolution Management The Commission solicited initial and reply electronic filing is available at 202–208– • Joyce Kim, Staff Attorney, Office of comments on its proposal. More than 90 0258 or by E-mail to [email protected]. General Counsel comments (initial and reply) were received. Comments should not be submitted to Some commenters argue that the I. Panel Discussion—10 a.m.–11:30 a.m. Commission’s proposed tariff condition is the E-mail address. • Steven Cadwallader, Connecticut overly broad or vague and will create All comments will be placed in the Department of Public Utilities Control uncertainty in the marketplace. Others argue Commission’s public files and will be • Julie Simon, Vice President of Policy, that the condition does not go far enough. An available for inspection in the Electric Power Supply Association overview of the comments and a list of Commission’s Public Reference Room at • Scott M. Harvey, Director with LECG, possible modifications to the tariff condition 888 First Street, NE, Washington DC LLC is provided below. 20426, during regular business hours. • John C. Hilke, Economist and Electricity The purpose of this conference is to Additionally, all comments may be Project Coordinator, Bureau of Economics, determine whether and how the proposed viewed, printed, or downloaded Federal Trade Commission tariff condition could be modified to address • Mark M. Jacobs, Goldman Sachs and remotely via the Internet through legitimate concerns that have been raised by Company the commenters while, at the same time, FERC’s Homepage using the RIMS link. • Gerald Norlander, Director, Public satisfying the Commission’s concern that User assistance for RIMS is available at Utility Law Project, National Association of customers be protected against unjust and 202–208–2222, or by E-mail to State Utility Consumer Advocates unreasonable rates that may result from [email protected]. • Robert O’Neil, Counsel for National anticompetitive behavior or the exercise of Rural Electric Cooperative Association market power. A key question to be Opportunities for Listening to and Break 11:30 a.m.–11:45 a.m. considered is whether the proposed tariff Viewing the Conference Offsite and condition can be modified to adequately Obtaining a Transcript III. Open Discussion (Open to any interested protect customers on an interim basis until participant)—11:45 a.m.–1:30 p.m. The conference will be transcribed. such time as the Commission adopts other Those interested in obtaining transcripts Attachment B measures to ensure competitive markets, should contact Ace Federal Reporters at including standard market design rules (with Staff Paper—Conference on Investigation of market-power mitigation rules where 202–347–3700. Terms and Conditions of Public Utility appropriate) and the establishment of RTO The Capitol Connection will Market-Based Rate Authorizations market monitoring units. At that time, a broadcast the conference live via the [Docket No. EL01–118–000] determination could be made as to whether Internet and by phone. To find out more a tariff condition will continue to be needed. about The Capitol Connection’s Internet I. Commission’s Proposal in November 20, 2001 Order II. Overview of Comments and phone bridge, contact David Reininger or Julia Morelli at 703–993– In the November 20 Order in this The November 20 Order proposed a tariff proceeding,1 the Commission noted that it 3100 or go to condition prohibiting anticompetitive has become increasingly concerned about the behavior or the exercise of market power. www.capitolconnection.gmu.edu. potential that public utilities with market- The November 20 Order highlighted two Live and archived audio of the based rate authorization might, under certain ways to exercise market power: physical and conference will also available for a fee circumstances, exercise market power or economic withholding of output. The via National Narrowcast Network. Live engage in anticompetitive behavior that November 20 Order stated that withholding audio is available by telephone at 202– supplies can also occur when a seller is able 966–2211 and by subscription on the 1 97 FERC ¶ 61,220 (2001). to erect barriers to entry that limit or prevent
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others from offering supplies to the market or out of service or run it at less than full • There should be various exemptions that raise the costs of other suppliers. capacity for reliability purposes. If the such as: Market dysfunction unrelated to Examples would include denying, delaying, operator faces the risk of having the unit’s seller misconduct; entities which are too or requiring unreasonable terms, conditions, revenues subject to refund or having its small to exercise market power effectively; or rates for natural gas service to a potential market-based rate authority revoked, it may forward markets including bilateral sales electric competitor in bulk power markets. be forced to operate the plant in a way that outside the spot market; power marketers Some commenters argue that the proposed reduces its reliability. that do not own physical assets; transactions into a market with Commission-approved definition of both economic and physical C. Market Price withholding is vague and overly broad. These market monitoring and mitigation measures. commenters generally argue that because the The November 20 Order stated that • Some commenters propose that a definitions do not consider certain physical, anticompetitive behavior or exercises of specific time limit for claiming refunds be institutional and regulatory constraints, market power include behavior that raises instituted while others argue that such a time suppliers will be subject to penalties and/or the market price through physical or limit will reward violaters who successfully refunds in many cases where they were economic withholding of supplies. conceal their anticompetitive behavior. Some commenters claimed these problems simply making reasonable business F. Procedural Issues decisions, not exercising market power. with identifying market price: • Suppliers can sell into many different Due to concerns regarding the impact of A. Economic Withholding markets. the refund condition, commenters make the • The November 20 Order defined economic Markets are differentiated across time following recommendations: withholding as occurring when a supplier (e.g., forward vs. spot) and product (e.g., 1. Administrative concerns: offers output to the market at a price that is energy vs. reserves). • Clarify and specify the requirements for filing a pleading seeking to trigger a refund above both its full incremental costs and the D. Economic Consequences market price (and thus, the output is not investigation and the burden of proof in such sold). Some commenters contend that entry of proceedings; adopt a streamlined-resolution Some commenters claimed these problems new electricity generating facilities, and the process or expedited complaint-review value of existing plants, may be reduced with identifying economic withholding: process. because of the risk of refunds imposed as a • Pay-as-bid markets: Much of the market 2. Due process concerns: result of the proposed tariff condition. • activity takes place in bilateral markets Clarify that sellers will be given the Potential suppliers may be less interested in where the supplier is paid its bid. In those opportunity to respond to charges and building new facilities and those that are markets, competitive suppliers base their explain the basis for their actions (e.g., a trial- interested may not be able to obtain financing bids on the perceived value of their product, type hearing). or would have to borrow at higher interest not merely the marginal cost of production. 3. Concerns regarding regulatory risk and rates (due to the increased uncertainty), thus • Energy-limited units: For units that are transaction finality: deterring entry. • constrained by the number of hours they can Investigate on a case-by-case basis and run, such as hydroelectric facilities or plants E. Penalty for Prohibited Behavior provide the requisite notice. • Establish a reasonable period of time for facing emissions limitations, the opportunity In its November 20 Order, the Commission cost of running in a given hour is the filing a complaint, or commencing an stated: investigation, and a reasonable retroactive foregone profit in another hour. Commenters Should public utility market participants argue that suppliers must bid in excess of refund period. engage in prohibited behavior, their rates will • To avoid the reduction of the market running costs in order to account for the be subject to increased scrutiny by the opportunity costs. Under the Order’s value of non-rate-base generating stations, Commission, and to potential refunds or such such as merchant power plants, establish definition of economic withholding, such other remedies as may be appropriate. This bids would be considered to be engaging in bright-line procedures for facilities’ transfers could result in further conditions or which will preserve their market-based rate economic withholding and subject to refund. restrictions on their market-based rate • authorizations. Start-up and minimum load costs: For authority, including, for example, units with start-up costs, it may not be prospective revocation of the market-based III. Possible Modifications to Tariff profitable for the plant to provide energy for rate authority of the seller or any of its Condition only a few hours when the market price affiliates, or conditions precluding the seller A. Modifications to Definitions exceeds its incremental costs. If the revenue from selling at market-based rates to its during a given time period is not large affiliates. Based on comments regarding the enough to offset the startup costs as well as 1. Comments generally in support: definitions of economic withholding and the variable running costs, then it would not • The refund condition should be broad physical withholding, should we modify the be profitable for a plant to run for that period. enough to allow for refunds from all sellers proposed definitions? If so, how? The generator may submit bids in excess of who profit from anticompetitive behavior • Should the term ‘‘full incremental cost’’ marginal cost in order to recover its startup regardless of whether a particular seller was be clarified (e.g., to include opportunity costs. engaged in the anticompetitive behavior. cost)? • Reasonable penalties or other sanctions • Should the use of the term ‘‘market B. Physical Withholding in individual cases in which a supplier has price’’ be clarified, e.g., as to time (forward The November 20 Order defined physical exercised market-power may be warranted. vs. spot), product (energy vs. reserves) and withholding as occurring when a supplier 2. Comments generally in opposition: geographic market? fails to offer its output to the market during • The November 20 Order does not explain • Should environmental, operational and periods when the market price exceeds the or provide examples of how a seller with reliability factors be taken into account for supplier’s full incremental costs. market-based rate authority can be in a purposes of determining whether physical Some commenters claimed these problems position to abuse market power. withholding has occurred? If so, how? with identifying physical withholding: • The Commission should rely on existing • In the cases of energy limited units, monitoring plans and deal with alleged B. Limit Applicability to Certain Markets/ outage risk and operating risks, if the abuses on a case-by-case review. Market Participants suppliers cannot bid sufficiently high to • As written, the November 20 Order • Should we exempt sales in markets that avoid running all of their capacity could penalize those who have not are fully competitive with effective market (potentially engaging in economical committed anticompetitive acts. monitoring; exempt all suppliers in an withholding) they will be forced to simply 3. Modifications proposed by commenters: approved RTO market with Commission- hold back some or all of their output, even • The refund condition should apply only approved bid caps? when the market price is greater than their to spot market sales; to wholesale sellers • Should we exempt power supply full incremental costs. possessing market power; or to generation agreements of a specified duration or • A plant operator needs to be able to affiliated with vertically-integrated agreements where parties explicitly waive decide what is the best time to take a plant transmission and distribution assets. refund obligations; exempt all bilateral
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contracts; create safe harbors (rebuttable 787th—Meeting March 13, 2002, Docket# ER02–4, 000, Pacific Gas & presumption of legality) for certain Regular Meeting, 10 a.m. Electric Company transactions, such as, those with markups at E–10. a certain level above marginal cost? Administrative Agenda • Docket# ER02–358, 000, Pacific Gas Should we limit the condition to the A–1. specific market(s) in which a seller has and Electric Company market-power, and tailor mitigation rules to Docket# AD02–1, 000, Agency Other#s ER01–2998, 000, Pacific Gas those firms given their particular Administrative Matters and Electric Company circumstances, while exempting from the A–2. E–11. rules those generators that are unable or Docket# AD02–7, 000, Customer Docket# ER02–782, 000, Florida unlikely to exercise market power, such as Matters, Reliability, Security and Power & Light Company net buyers, and small, single-plant suppliers? Market Operations E–12. • Should we set an impact threshold for A–3. Docket# EL99–14, 003, Southwestern alleged violations? Docket# AD01–3, 000, California Electric Cooperative, Inc. v. C. Procedure Modifications/Applicability Infrastructure Update Soyland Power Cooperative, Inc. Based on Timing A–4. Other#s EL99–14, 004, Southwestern • Should we limit the window of refund Docket# AD02–12, 000, Northeast Electric Cooperative, Inc. v. potential so that transactions would not be RTO Update Soyland Power Cooperative, Inc. subject to refund unless specifically Other#s RT01–86, 000, Bangor Hydro- E–13. challenged within a particular timeframe; set Electric Company; RT01–86, 001, Docket# EC02–15, 000, Cinergy a sunset date for the refund condition? Bangor Hydro-Electric Company; Services, Inc., Cinergy Corporation, • Should we clarify the type of RT01–86, 002, Bangor Hydro- The Cincinnati Gas & Electric opportunity that sellers will be given to Electric Company; RT01–95, 000, Company, Cinergy Power respond to allegations and explain the basis for their actions (e.g., a trial-type hearing)? New York Independent System Investments and PSI Energy, Inc. Operator Inc.; RT01–95, 001, New Other#s ER02–177, 000, Cinergy D. Other Suggestions York Independent System Operator Services, Inc., Cinergy Corporation, • Should we impose temporary price caps Inc.; RT01–95, 002, New York The Cincinnati Gas & Electric along with reserve capacity requirements Independent System Operator Inc.; Company, Cinergy Power until a competitive market structure emerges? RT01–99, 000, Regional Investments and PSI Energy, Inc.; • Should we tailor mitigation measures to Transmission Organizations; RT01– ER02–177, 001, Cinergy Services, be applied to a particular exercise of market Inc., Cinergy Corporation, The power, class of participant, and sector? 99, 001, Regional Transmission Organizations; RT01–99, 002, Cincinnati Gas & Electric Company, [FR Doc. 02–5693 Filed 3–8–02; 8:45 am] Regional Transmission Cinergy Power Investments and PSI BILLING CODE 6717–01–P Organizations; RT01–99, 003, Energy, Inc.; ER02–177, 002, Regional Transmission Cinergy Services, Inc., Cinergy Organizations Corporation, The Cincinnati Gas & DEPARTMENT OF ENERGY Electric Company, Cinergy Power Markets, Tariffs and Rates—Electric Investments and PSI Energy, Inc.; Federal Energy Regulatory E–1. EC02–15, 001, Cinergy Services, Commission Docket# RM01–12, 000, Standard Inc., Cinergy Corporation, The Market Design Scoping Notice of Meeting Cincinnati Gas & Electric Company, E–2. Cinergy Power Investments and PSI March 6, 2002. Docket# ER02–766, 000, Florida Energy, Inc. The following notice of meeting is Power & Light Company E–14. published pursuant to section 3(A) of E–3. Docket# EL01–78, 001, LG&E Energy the Government in the Sunshine Act Docket# ER02–637, 000, Pacific Gas Marketing, Inc. v. Southern (Pub. L. No. 94–409), 5 U.S.C 552B: and Electric Company Company Services, Inc. and Georgia AGENCY HOLDING MEETING: Federal Other#s ER02–637, 001, Pacific Gas Transmission Corporation Energy Regulatory Commission. and Electric Company E–15. E–4. Docket# EL01–65, 001, Californians DATE AND TIME: March 13, 2002, 10:00 Docket# ER02–405, 000, Entergy a.m. for Renewable Energy, Inc. v. Services, Inc. British Columbia Hydro and Power PLACE: Room 2C, 888 First Street, NE, Other#s ER02–405, 001, Entergy Authority, Powerex Corporation, Washington, DC 20426. Services, Inc. Southern Energy Marketing STATUS: Open. E–5. Company (Mirant) and Bonneville MATTERS TO BE CONSIDERED: Agenda. Docket# ER02–338, 000, Portland Power AdministrationE–16. *Note—Items listed on the agenda General Electric Company Docket# ER02–111, 001, Midwest may be deleted without further notice. Other#s ER02–338, 001, Portland Independent Transmission System CONTACT PERSON FOR MORE INFORMATION: General Electric Company Operator, Inc. Magalie R. Salas, Secretary. Telephone E–6. E–17. (202) 208–0400. For a recording listing Docket# ER02–818, 000, LG&E Capital Docket# ER02–170, 001, Boston items stricken from or added to the Trimble County LLC Edison Company meeting, call (202) 208–1627. E–7. E–18. This is a list of matters to be Docket# ER01–1740, 000, New York Docket# ER02–132, 002, American considered by the Commission. It does Independent System Operator Inc. Transmission Systems, Inc. not include a listing of all papers Other#s ER01–1520, 000, New York E–19. relevant to the items on the agenda; Independent System Operator Inc. Docket# EL01–92, 001, Bangor Hydro- however, all public documents may be E–8. Electric Company examined in the reference and Omitted E–20. information center. E–9. Docket# ER02–42, 001, GWF Energy
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LLC E–34. 002, Dayton Power and Light Other#s ER00–2998, 003, Southern Docket# EL02–46, 000, Generator Company; RT01–44, 002, Arizona Company Services, Inc.; ER00– Coalition v. Entergy Services, Inc. Public Service Company, Desert 2999, 003, Southern Company Other#s ER01–2201, 000, Generator STAR, Inc., El Paso Corporation, Services, Inc.; ER00–3000, 003, Coalition v. Entergy Services, Inc. Public Service Company of Southern Company Services, Inc.; E–35. Colorado, Public Service Company ER00–3001, 003, Southern Omitted of New Mexico, Texas-New Mexico Company Services, Inc. E–36. Power Company and Tucson E–21. Omitted E–37. Electric Power Company; RT01–67, Omitted 004, GridFlorida LLC, Florida E–22. Docket# EL02–47, 000, Wisconsin Public Power, Inc. v. Wisconsin Power & Light Company, Florida Docket# EL01–93, 004, Mirant Power Corporation and Tampa Americas Energy Marketing, L.P., Power & Light Company Other#s EL02–52, 000, Municipal Electric Company; RT01–74, 006, Mirant New England, LLC, Mirant Wholesale Power Group v. Carolina Power & Light Company, Kendall, LLC and Mirant, LLC v. Wisconsin Power & Light Company Duke Energy Corporation, ISO New England Inc. E–38. GridSouth Transco, LLC and South Other#s ER00–2998, 004, Southern Docket# RT02–2, 001, State-Federal Carolina Electric & Gas Company; Company Services, Inc.; ER00– Regional RTO Panels RT01–75, 006, Entergy Services, 2999, 004, Southern Company Other#s RM98–1, 003, Regulations Inc.; RT01–77, 003, Southern Services, Inc.; ER00–3000, 004, Governing Off-the-Record Company Services, Inc.; EL01–80, Southern Company Services, Inc.; Communications; RM99–2, 003, 002, National Grid USA; RT01–82, ER00–3001, 004, Southern Regional Transmission 001, San Diego Gas & Electric Company Services, Inc. Organizations; EC99–80, 017, Company; RT01–83, 001, Pacific E–23. American Electric Power Service Gas & Electric Company; RT01–84, Docket# ER02–185, 002, New England Company; ER99–3144, 017, 002, Illinois Power Company; Power Pool Alliance Companies; RM00–10, RT01–85, 006, California E–24. 001, Open Access Same-Time Independent System Operator Omitted Information System Phase II; ER00– Corporation; RT01–86, 002, Bangor E–25. Omitted 3295, 004, International Hydro-Electric Company, Central E–26. Transmission Company; RT01–1, Maine Power Company, ISO New Omitted 001, NB Power Corporation, Nova England Inc., National Grid USA, E–27. Scotia Power Incorporated, Northeast Utilities Service Docket# ER02–79, 001, Southern Maritime Electric Company, Company, United Illuminating California Edison Company Limited, Maine Electric Company, Company and the Vermont Electric E–28. Maine Public Service Company and Power Company, Inc.; RT01–87, Docket# ER01–3009, 003, New York Eastern Maine Electric Cooperative, 004, Midwest Independent System Independent System Operator, Inc. Inc.; RT01–2, 003, PJM Operator, Inc.; RT01–88, 013, Other#s ER01–3009, 004, New York Interconnection, L.L.C., Allegheny Ameren Corporation, American Independent System Operator, Inc.; Electric Cooperative, Inc., Atlantic Electric Power Service Corporation, ER01–3153, 003, New York City Electric Company, Baltimore American Transmission Systems, Independent System Operator, Inc.; Gas & Electric Company, Delmarva Inc., Appalachian Power Company, ER01–3153, 004, New York Power & Light Company, Jersey Central Illinois Public Service Independent System Operator, Inc.; Central Power & Light Company, Company, Cleveland Electric EL00–90, 003, Morgan Stanley Metropolitan Edison Company, Illuminating Company, Columbus Capital Group, Inc. v. New York PECO Energy Company, Southern Power Company, Independent System Operator, Inc.; Pennsylvania Electric Company, Commonwealth Edison Company of EL00–90 004 Morgan Stanley Potomac Electric Power Company, Indiana, Inc., Commonwealth Capital Group, Inc. v. New York PPL Electric Utilities Corporation, Edison Company, Consumers Independent System Operator, Inc. Public Service Electric & Gas Energy Company, Dayton Power E–29. Company and UGI Utilities, Inc.; and Light Company, Detroit Edison Docket# EG02–78, 000, Duke Energy RT01–10, 002, Allegheny Power; Company, Exelon Corporation, Hot Spring, LLC RT01–13, 001, Duquesne Light FirstEnergy Corporation, Illinois E–30. Company; RT01–15, 003, Avista Power Company, Indiana Michigan Omitted Corporation, Montana Power Power Company, Kentucky Power E–31. Company, Nevada Power Company, Company, Kingsport Power Docket# ER02–645, 000, American Portland General Electric Company, Company, Ohio Edison Company, Transmission Company LLC Puget Sound Energy, Inc. and Sierra Ohio Power Company, E–32. Pacific Power Company; RT01–26, Pennsylvania Power Company, Docket# EL01–87, 000, South Eastern 002, Northern Indiana Public Toledo Edison Company, Union Energy Corporation and Morgan Service Company; RT01–34, 005, Electric Company, Virginia Electric Stanley Capital Group, Inc. v. City Southwest Power Pool, Inc.; RT01– & Power Company and Wheeling of Dalton, Georgia, Georgia 35, 004, Avista Corporation, Power Company; RT01–89, 001, Transmission Corporation, Georgia Bonneville Power Administration, Citizens Communications Power Company and the Municipal Idaho Power Company, Montana Company; RT01–90, 001, Concord Electric Authority of Georgia Power Company, Nevada Power Electric Company; RT01–92, 001, E–33. Company, PacifiCorp, Portland Southern California Edison Docket# EL01–90, 000, Consumers General Electric Company and Company; RT01–93, 001, California Union of United States, Inc. Sierra Power Company; RT01–37, Power Exchange Corporation;
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RT01–94, 002, NSTAR Services Power Service Corporation Other#s RP01–612, 000, ANR Pipeline Company; RT01–95, 002, New York E–40. Company Independent System Operator, Inc., Docket# ER01–2584, 000, Northeast G–13. Central Hudson Gas & Electric Utilities Service Company Other#s Docket# PR01–18, 001, Northwest Corporation, Consolidated Edison ER01–2584, 001, Northeast Utilities Natural Gas Company Company of New York, Inc., Service Company Other#s PR01–18, 000, Northwest Niagara Mohawk Power E–41. Natural Gas Company Corporation, Orange & Rockland Docket# EL02–35, 000, Niagara G–14. Utilities, Inc. and Rochester Gas Mohawk Power Corporation v. Docket# RP98–53, 024, Kinder and Electric Corporation; RT01–96, Rochester Gas and Electric Morgan Interstate Gas Transmission 001, Alliant Energy Corporate Corporation LLC Services, Inc., American E–42. Other#s RP98–53, 015, Kinder Morgan Transmission Company, LLC, Docket# TX97–8, 000, PECO Energy Interstate Gas Transmission LLC; Central Illinois Light Company, Company RP98–53, 021, Kinder Morgan Cincinnati Gas & Electric Company, Interstate Gas Transmission LLC; Miscellaneous Agenda Cinergy Corporation, Hoosier RP98–53, 023, Kinder Morgan Energy Rural Electric Cooperative, M–1. Interstate Gas Transmission LLC Inc., IES Utilties, Inc., Interstate Reserved G–15. Docket# RP00–340, 000, Gulf South Power Company, Kentucky Utilities Markets, Tariffs and Rates—Gas Company, Louisville Gas and Pipeline Company, LP Electric Company, Northern States G–1. Other#s RP00–340, 001, Gulf South Power Company (Minnesota), Docket# RP00–336 002 El Paso Pipeline Company, LP; RP00–340, Northern States Power Company Natural Gas Company 002, Gulf South Pipeline Company, (Wisconsin), PSI Energy, Inc., Other#s RP00–139, 000, ONEOK LP; RP01–7, 000, Gulf South Southern Indiana Gas and Electric Energy Marketing & Trading Pipeline Company, LP Company and Union Light, Heat & Company, L.P.; RP01–484, 000, G–16. Power Company; RT01–98, 003, Aera Energy LLC; RP01–486, 000, Docket# RP00–461, 000, Western Gas PJM Interconnection, L.L.C., Apache Nitrogen Products, Inc. Interstate Company G–2. Monongahela Power Company, Energy Projects—Hydro Potomac Edison Company and West Docket# RP02–158, 000, Viking Gas Penn Power Company; RT01–99, Transmission Company H–1. 003, Regional Transmission G–3. Omitted Organizations; RT01–100, 002, Docket# PR02–3, 000, Bay Gas Storage H–2. Regional Transmission Company, Ltd. Docket# P–2724, 028, City of Organizations; RT01–101, 002, G–4. Hamilton, Ohio International Transmission Docket# RP00–335, 000, Black Marlin H–3. Company and DTE Energy Pipeline Company Docket# P–2188, 073, PPL Montana, Company; EL01–116, 001, Montana- Other#s RP01–414, 000, Black Marlin LLC Dakota Utilities Company; ER01– Pipeline Company H–4. 123, 006, Illinois Power Company; G–5. Docket# P–2342, 013, PacifiCorp EC01–137, 001, DTE Energy Docket# RP00–341, 000, Egan Hub H–5. Company and International Partners, L.P. Docket# DI00–4, 001, Leonard Transmission Company; EC01–146, Other#s RP00–341 001, Egan Hub Murphy 002, International Transmission Partners, L.P.; RP01–48, 000, Egan H–6. Company and DTE Energy Hub Partners, L.P. Docket# EL02–10, 000, Hydro Company; ER01–2992, 001, G–6. Investors, Inc. v. Trafalgar Power Commonwealth Edison Company; Docket# RP00–401, 000, Enbridge Inc., Christine Falls of New York, ER01–2993, 001, Virginia Electric Pipelines (AlaTenn) Inc. Inc., Franklin Industrial Complex, and Power Company; ER01–2995, Other#s RP01–4, 001, Enbridge Inc., Aetna Life Insurance 001, American Electric Power Pipelines (AlaTenn) Inc. Company, Algonquin Power Company; ER01–2997, 001, Dayton G–7. Corporation, Algonquin Power Power and Light Company; ER01– Docket# RP00–400, 000, Enbridge Income Fund and Algonquin Power 2999, 001, Illinois Power Company; Pipelines (Midla) Inc. Fund (Canada) ER01–3000, 002, International Other#s RP01–5, 001, Enbridge Other#s P–3760, 011, Franklin Transmission Company and DTE Pipelines (Midla) Inc. Industrial Complex, Inc.; P–4639, Energy Company; RT02–1, 001, G–8. 021, Christine Falls of New York, Arizona Public Service Company, Omitted Inc.; P–4639, 023, Christine Falls of El Paso Electric Company, Public G–9. New York, Inc.; P–4639, 026, Service Company of New Mexico, Docket# CP95–168, 006, Sea Robin Christine Falls of New York, Inc.; Tucson Electric Power Company Pipeline Company P–4900, 063, Trafalgar Power, Inc.; and WestConnect RTO, LLC; ER02– G–10. P–4900, 066, Trafalgar Power, Inc.; 108, 001, Midwest Independent Omitted P–4900, 068, Trafalgar Power, Inc.; Transmission System Operator, Inc. G–11. P–5000, 059, Trafalgar Power, Inc.; E–39. Docket# RP02–122, 000, Kinder P–5000, 063, Trafalgar Power, Inc.; Docket# ER01–3141, 001, American Morgan Interstate Gas P–5000, 064, Trafalgar Power, Inc.; Electric Power Service Corporation: Transmission, LLC P–6878, 008, Trafalgar Power, Inc.; Other#s ER01–3141, 002, American G–12. P–6878, 010, Trafalgar Power, Inc.; Electric Power Service Corporation: Docket# RP01–612, 001, ANR P–9685, 024, Trafalgar Power, Inc.; ER01–3141, 003, American Electric Pipeline Company P–9685, 026, Trafalgar Power, Inc.;
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P–9709, 051, Trafalgar Power, Inc.; Transmission, Inc. This notice announces the coming P–9709, 054, Trafalgar Power, Inc.; C–6. availability of the new system. The P–9709, 057, Trafalgar Power, Inc.; Docket# CP00–232, 003, Iroquois Gas Commission will make FERRIS Transmission System, L.P. P–9821, 092, Trafalgar Power, Inc.; Other#s CP00–232, 000, Iroquois Gas available for testing and comment before P–9821, 095, Trafalgar Power, Inc.; Transmission System, L.P. placing the system into full production. P–9821, 097, Trafalgar Power, Inc.; C–7. We encourage the public and the EL99–26, 000, Hydro Investors, Inc. Docket# RM01–7, 000, Policy on Certificates Commission’s staff to try the new v. Trafalgar Power Inc., Christine of Public Convenience and Necessity for system and comment on it through the Falls of New York, Inc., Franklin Gas Transmission Facilities in the Off- Content Master e-mail link, shore Southern Louisiana Area Industrial Complex, Inc., Aetna Life [email protected]. Insurance Company, Algonquin Magalie R. Salas, The Commission is making every Power Corporation, Algonquin Secretary. effort to incorporate all functions Power Income Fund and Algonquin [FR Doc. 02–5852 Filed 3–8–02; 8:45 am] currently in the existing systems into Power Fund (Canada) BILLING CODE 6717–01–P H–7. FERRIS. Appendix A provides a cross Docket# P–2016, 044, City of Tacoma, reference between the existing functions Washington in CIPS, RIMS and the Docket Sheets H–8. DEPARTMENT OF ENERGY and the corresponding function in Docket# P–2145, 042, Public Utility District FERRIS. Appendix B discusses the few No. 1 of Chelan County, Washington Federal Energy Regulatory Commission features that will not be programmed Other#s P–943, 075, Public Utility District into FERRIS. The Commission will No. 1 of Chelan County, Washington [Docket No. AD02–1–000] H–9. make some modification to the file formats in which the documents will be Omitted Federal Energy Regulatory Records H–10. available. Details appear in Appendix B. Information System; Notice of Intent Docket# DI97–8, 002, Georgia-Pacific A test version of FERRIS will be made Corporation To Modify the Commission Issuance Other#s DI97–9, 002, Georgia-Pacific Posting System, Records Information available to the public through the Corporation; P–2618, 011, Georgia- Management System and Docket Sheet Commission’s Web site at www.ferc.gov Pacific Corporation; P–2660, 010, System in Mid March. The full production Georgia-Pacific Corporation version of FERRIS will be available in March 5, 2002. Energy Projects—Certificates early April. Please refer to the The Federal Energy Regulatory Commission’s website for the C–1. Commission (the Commission), hereby announcement of the exact dates the Docket# CP01–176, 000, Georgia Strait gives notice that it intends to modify its Crossing Pipeline LP system will be available. To familiarize Other#s CP00–179, 000, Georgia Strait Commission Issuance Posting System the public with the features of the new Crossing Pipeline LP; CP01–176, 001, (CIPS), Records Information system, demonstrations will be Georgia Strait Crossing Pipeline LP; Management System (RIMS) and its conducted in Room 3M–2A&B at the CP01–176, 002, Georgia Strait Crossing Docket Sheet System on the web. The Commission’s headquarters on March Pipeline LP; CP01–177, 000, Georgia Commission intends to combine these 12, 2002, at 2:00 pm and on March 18, Strait Crossing Pipeline LP; CP01–178, three online systems into a single online 000, Georgia Strait Crossing Pipeline LP 2002, at 2:00 pm. While it is not system called the Federal Energy mandatory, it is preferable to pre- C–2. Regulatory Records Information System Docket# CP02–79, 000, Desert Crossing Gas register for the demonstrations. Pre- (FERRIS). Storage and Transportation System LLC registration will facilitate passing C–3. In response to many suggestions regarding the Commission’s online through security. To pre-register, send Docket# CP02–74, 000, Reef International, an e-mail with your name, company L.L.C. systems, the Commission plans to C–4. replace its existing systems with newer, affiliation and the date of the Docket# CP01–76, 001, Cove Point LNG more robust technology. Ultimately, the demonstration you will attend to Limited Partnership new system will provide users with a [email protected] or fax to (202) Other#s CP01–77, 002, Cove Point LNG single point of access with better search 208–2320 or call the Public Reference Limited Partnership; CP01–156, 002, capability and additional functions. The Room at (202) 208–1371, then press 0. Cove Point LNG Limited Partnership; RP01–217, 002, Cove Point LNG Limited Commission intends the new system to Magalie R. Salas, Partnership result in increased performance and Secretary. C–5. reliability for the Commission’s staff Docket# CP01–87, 003, Dominion and public users. Appendix A
CROSSWALK OF FUNCTIONALITY
Function in CIPS Function in new system
Three separate search screens ...... One general search screen and one advanced search screen. Docket Number Search ...... Same. Date Range ...... Issued Date will be referred to as Document date. Other than that, no change. Radio buttons for 1 day, 1 week, 30 days, 120 days, year search ...... Replaced with text boxes for user supplied number of days, months or years. The default is 1 day, 1 month or 1 year. Text Search ...... Text Search is now powered by a much more robust search engine. Libraries of Hydro, Oil, Gas, Electric, Rulemaking and Miscellaneous .... No change except the miscellaneous library is called general.
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CROSSWALK OF FUNCTIONALITY—Continued
Function in CIPS Function in new system
Sort Returns by rank or date, specify maximum rows returned and rows From the search page you may specify the number of documents per per page returned. page. From the results page, you may sort or resort your results by rank or date. You may choose to display the summary or hide the summary. You may choose to display 10 hits or 200 hits. Company Name (This feature in CIPS searches the description from From the General Search, de-select the option ‘‘full text’’ so only the left to right depending on the number of words typed in the search description is selected. Type the name or portion of the name of the field, e.g., a search term of Tennessee will find Tennessee Gas Pipe- company you wish to find in the text search field. The entire descrip- line but will not find East Tennessee Natural Gas.). tion will be searched for the search term or terms. From the Advanced Search, type in the name of the company in the author/recipient affiliation field. Type/Prefix ...... Type the prefix in the docket number search field. A guide with the docket prefixes will be provided. Download Selected Items in a compressed file ...... The download option is available in the Action drop down list.
Function in RIMSWeb Function in new system
Docket Search ...... Docket Search on the General Search page permits full or partial docket number search; multiple subdockets may be entered. Accession Number Search ...... Unchanged on the Advanced Search page. Author/Recipient ...... Unchanged on the Advanced Search page. Class/Type ...... On the General Search page, permits up to four class and four type selections. FERC Cite #; Fed Court Cite, Opinion ...... Unchanged on the Advanced Search page. Related Doc ID ...... Unchanged on the Advanced Search page. Order ...... Unchanged on the Advanced Search page. Tariff/Rate ...... Eliminated; See discussion above. Daily Filings ...... On the general search page select submittal or issuance, and select the radio button for the previous day, then select the library. Libraries of Gas/Oil, Hydro, Electric, General ...... Libraries of Natural Gas, Oil, Hydro, Electric, Rulemaking, General. Document Information Page ...... Retained. Available File Formats Page ...... Retained.
Appendix B format. To make it easier to access the Form and goes away. A persistent ‘‘cookie,’’ 1 from FERRIS, Form 1 data will be however, continues in operation after the Features Not in FERRIS and File Format converted to a PDF file. close of the individual session. Shutting Changes in FERRIS Currently, each day the Commission down the browser will cause the ‘‘cookie’’ to As the Commission begins to phase in the compresses the files posted that day to CIPS be written into a special ‘‘cookie’’ file on the full system, we will be eliminating the ASCII for easy downloading. One compressed file user’s computer, so that the next time the text version of issuances. Instead, we will contains all files posted during the day. user visits the website that generated the provide the files in the file format of the Other compressed files contain all files ‘‘cookie,’’ the ‘‘cookie’’ will be sent to the software in which they are created and posted to each library that day. On some website’s server again. 1 portable document format (PDF) . Our occasions, the Commission posted issuances On June 22, 2000, the Office of decision is based on primarily two reasons. to CIPS the morning following the date of Management and Budget (OMB) issued a issuance due to the late hour of issuance. The First, as the Commission’s issuances have memorandum regarding privacy policies and become more complex, including tables of compressed files had already been created for data collection by agencies on the internet, contents, embedded spreadsheets, tables, the day necessitating posting some files the following morning. Henceforth, the clarifying the policy on use of ‘‘cookies’’ by photographs, etc., the conversion to ASCII 2 has become inaccurate. The PDF version of Commission will focus its time and energies government agencies. OMB’s June 22 the files, while still searchable, will preserve to adding issuances to FERRIS the day of Memorandum states that: formatting, fonts, etc. issuance to the greatest extent possible. To [t]he presumption should be that ‘‘cookies’’ The second reason for our determination further this goal, the Commission will no will not be used at Federal websites. Under relates to the Commission’s practice of longer create the compressed files. FERRIS this new Federal policy, ‘‘cookies’’ should scanning issuances and creating an image (in will allow users to download the day’s not be used at Federal websites, or by Tagged Image Format (TIF)). Since the issuances in a self-extracting compressed file contractors when operating websites on inception of its electronic filing program in that the user creates himself. See Appendix behalf of agencies, unless, in addition to clear the fall of 2001, the Commission has C for details on compressing and and conspicuous notice, the following converted all files submitted electronically downloading files in FERRIS. conditions are met: a compelling need to into PDF. This practice worked well. In On CIPS today, users can save certain gather the data on the site; appropriate and consequence, the Commission no longer search parameters for reuse during a later publicly disclosed privacy safeguards for believes it is necessary to convert the files session. CIPS uses a permanent ‘‘cookie’’ file handling of information derived from containing issuances into TIF files. Similarly, to provide this feature. ‘‘Cookies’’ are text ‘‘cookies’’; and personal approval by the head the Commission has historically scanned a files placed on the customer’s computer hard of the agency. paper version of the Form 1 into RIMS in drive by the website computer. When the tagged image format, TIF. The Commission customer is on our website, the agency can 2 OMB Memorandum 00–13, ‘‘Privacy Policies currently receives the Form 1 in electronic access the ‘‘cookie’’ file. There are two kinds and Data Collection on Federal Web Sites’’ (June 22 of ‘‘cookies.’’ A session ‘‘cookie’’ is one that Memorandum). The complete text of the June 22 1 PDF is a text format created by Adobe Systems continues in operation only for the duration Memorandum can be found at http:// Incorporated and designed to be portable across of the browser session—when the user shuts www.whitehouse.gov/omb/memoranda/m00– computer platforms. down the browser, the ‘‘cookie’’ is released 13.html.
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Subsequently, OMB interpreted its ENVIRONMENTAL PROTECTION concerning vehicle condition and memorandum to apply only to persistent AGENCY maintenance. Depending on owner/ ‘‘cookies,’’ and not to session ‘‘cookies.’’ 3 lessee response, additional groups of While the Commission will continue to use [FRL–7156–2] potential participants may be contacted session ‘‘cookies,’’ to bring the Commission’s Agency Collection Activities: Proposed until a sufficient number of vehicles has systems into full compliance with OMB’s Collection; Comment Request; been obtained. memorandum, the systems will not use Investigations into Possible Information collected is used to persistent ‘‘cookies.’’ As a consequence, the Noncompliance of Motor Vehicles assure that vehicles procured meet ability of the user to retain search parameters certain criteria. For example, since a in CIPS will not be replicated in FERRIS. AGENCY: Environmental Protection manufacturer’s responsibility to recall Currently, RIMS contains a search entitled Agency (EPA). passenger cars is limited to 10 years of Tariff/Rate which is intended to provide a ACTION: Notice. age or 100,000 miles of use, vehicles search of electric tariffs and rate schedules. tested to establish potential recall The Commission never fully implemented SUMMARY: In compliance with the liability must also meet those criteria. this feature in RIMS. Further, on April 20, Paperwork Reduction Act (44 U.S.C. Other testing programs and vehicle 2001, the Commission issued a Notice of 3501 et seq.), this document announces types have different criteria. All Inquiry in Docket No. RM01–5–000 4 inviting that EPA is planning to submit the information is publicly available. comments on selected issues related to the following continuing Information The previous description generally filing of electronic tariffs in order to develop Collection Request (ICR) to the Office of describes how EPA obtains information a notice of proposed rulemaking, and Management and Budget (OMB): on in-use passenger cars and light trucks thereafter a final rule, with respect to the Investigations into Possible from individual owners and lessees. filing of electronic tariffs. In light of the Noncompliance of Motor Vehicles; EPA Heavy duty trucks, those commonly Commission’s intention to pursue the filing ICR Number 222.06; OMB Number referred to as over ‘‘3⁄4 ton’’ capacity, are of electronic tariffs and the fact that the 2060–0086 expiring June 30, 2002. usually employed commercially; electric tariff portion of RIMS was not fully Before submitting the ICR to OMB for typically they are part of a ‘‘fleet’’ of formed, FERRIS will not contain the Tariff/ review and approval, EPA is soliciting identical (or very similar) vehicles. Rate feature. comments on specific aspects of the Consequently, EPA employs a slightly Appendix C proposed information collection as different method to obtain them. described below. Potential owners/lessees can be found Downloading Files to a Self-Extracting DATES: Comments must be submitted on in registrations lists; engine Compressed File or before May 10, 2002. manufacturers will also supply identities of their customers. To download all files posted on a specific ADDRESSES: Interested persons may Occasionally, a fleet operator will day, select the previous day by clicking on obtain copy of the ICR without charge contact EPA and volunteer to the appropriate radio button or type in a from: United States Environmental participate. Once potential sources are specific date. Select only issuances if you Protection Agency, Certification and identified, EPA will make a brief wish to limit your results to issuances. Be Compliance Division; ATTN: Richard telephone call to the fleet managers to sure to select 200 Results per Page. You may W. Nash, 2000 Traverwood Dr, Ann limit your results to a specific library or ascertain if they wish to participate. If Arbor MI 48105. libraries by clicking on the appropriate box the response is positive, EPA will visit or boxes. From the results page select ‘‘select FOR FURTHER INFORMATION CONTACT: the fleet to inspect vehicles and review all’’ from the Search Options drop down Richard W. Nash, 2000 Traverwood Dr, maintenance records. (Fleets typically menu. From the Action drop down menu Ann Arbor, MI 48105. (734) 214–4412; keep very good records on each vehicle; select download, then press Go. Using this [email protected] EPA can quickly determine if a technique, all files from any results list may SUPPLEMENTARY INFORMATION: particular unit is acceptable.) A single be downloaded in a self-extracting Affected entities: Entities potentially fleet can supply multiple vehicles and, compressed file including the day’s postings affected by this action are owners/ typically, is quite willing to participate. in any one of the libraries. In addition, the lessees of motor vehicles. Therefore, EPA makes far fewer system includes a feature called the Request Title: Investigations into Possible inquiries than with individual owners List. Select items from your results list, use Noncompliance of Motor Vehicles; EPA of light vehicles. Based on comments, the Action drop down menu to add the ICR Number 222.06; OMB Number EPA may decide to address light and selected files to your Request List. You may 2060–0086 expiring June 30, 2002. heavy duty vehicles separately. do as many searches as you wish, adding to Abstract: As part of an integrated EPA uses several techniques in your Request List as you go. When you are compliance program, EPA occasionally selecting the class or category of motor finished, you may download the files in your needs to evaluate the emission vehicles to be evaluated. First, if based Request List in a single self-extracting performance of in-use motor vehicles. In on other information (e.g., defect compressed file. order to perform this function, EPA reports, service bulletins) there is a [FR Doc. 02–5717 Filed 3–8–02; 8:45 am] must solicit certain information from suspicion that a problem exists; EPA BILLING CODE 6717–01–P the vehicle owner/lessee. Participation may target a particular group. Second, in the information survey, as well as the groups with a large number of vehicles vehicle evaluation, is strictly voluntary. have potential for significant air quality Typically, a group of 25 potential effects; they may be selected for that participants is identified. They are reason. New emission control 3 Letter from John T. Spotila, Administrator, asked to return a postcard indicating technology without a proven history is Office of Information and Regulatory Affairs, OMB, their willingness to participate and if so, another factor in making selections. to Roger Baker, Chief Information Officer, U.S. Department of Commerce (September 5, 2000). to verify some limited vehicle Finally, some vehicle classes are 4 Electronic Tariff Filings, 66 FR 15673 (March information. They are also asked when selected on a random basis. 20, 2001), 94 FERC ¶ 61,270 (March 14, 2001), III it would be suitable to contact them. An agency may not conduct or FERc Stats. & Regs. Notices ¶ 35,538 (March 14, Those willing to participate are called sponsor, and a person is not required to 2001). and asked about a half dozen questions respond to, a collection of information
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unless it displays a currently valid OMB ENVIRONMENTAL PROTECTION Abstract: On December 15, 1989 control number. The OMB control AGENCY pursuant to section 112 of the Clean Air numbers for EPA’s regulations are listed Act as amended in 1977 (42 U.S.C. in 40 CFR part 9 and 48 CFR chapter 15. [FRL–7156–4] 1857), EPA promulgated NESHAPs to The EPA would like to solicit comments control radionuclide emissions from to: Agency Information Collection several source categories. The (i) Evaluate whether the proposed Activities: Proposed Collection; regulations were published in 54 FR collection of information is necessary Comment Request; National Emission 51653, and are codified at 40 CFR part for the proper performance of the Standards for Hazardous Air Pollutants 61, subparts B, H, I, K, R, T, and W. Due functions of the agency, including (NESHAPs): Radionuclides to petitions for reconsideration, EPA whether the information will have rescinded subpart T (July 15, 1994, 59 AGENCY: practical utility; Environmental Protection FR 36280) as it applies to owners and (ii) Evaluate the accuracy of the Agency (EPA). operators of uranium mill tailings agency’s estimate of the burden of the ACTION: Notice. disposal sites licensed by the Nuclear proposed collection of information, Regulatory Commission (NRC) or an SUMMARY: including the validity of the In compliance with the affected Agreement State. methodology and assumptions used; Paperwork Reduction Act (44 U.S.C. Currently, EPA has prepared a final (iii) Enhance the quality, utility, and 3501 et seq.), this notice announces that rule amending subparts H and I; clarity of the information to be EPA is planning to submit the following National Emission Standards for collected; and continuing Information Collection Emissions of Radionuclides Other Than (iv) Minimize the burden of the Request (ICR) to the Office of Radon from Department of Energy collection of information on those who Management and Budget (OMB): Facilities and the National Emission are to respond, including through the National Emission Standards for Standards for Radionuclide Emissions use of appropriate automated electronic, Hazardous Air Pollutants (NESHAPs): from Federal Facilities Other Than mechanical, or other technological Radionuclides. The EPA ICR Number is Nuclear Regulatory Commission collection techniques or other forms of 1100.11, and the OMB control number Licensees and Not Covered by Subpart information technology, e.g., permitting is 2060–0191 which is expiring on June H. (We are awaiting the Administrator’s electronic submission of responses. 30, 2002. Before submitting the ICR to signature and expect this final rule Burden Statement: EPA estimates that OMB for review and approval, EPA is amendment to be published in the approximately 1800 will be contacted, soliciting comments on specific aspects Federal Register by the end of March on average they will spend of the proposed information collection 2002.) This amendment is a technical approximately 20 minutes each as described below. update to ensure that the best available responding for a total burden of DATES: Comments must be submitted on science is being used to monitor approximately 600 hours. The average or before May 10, 2002. radionuclide emissions from DOE and reflects those who decline to participate ADDRESSES: Office of Radiation and other federal facilities. Subparts H and (who will spend a short time reading the Indoor Air, Radiation Protection I require emission sampling, monitoring solicitation letter and discard it) as well Division, Center for Waste Management, and calculations to identify compliance as those who participate and will be Environmental Protection Agency, with the standard. As applicable, asked a few additional questions about 6608J, 1200 Pennsylvania Avenue, NW., subpart H and subpart I require vehicle condition and maintenance. Washington, DC 20460. Copies of the sampling and monitoring of This collection is entirely voluntary, ICR may be obtained from Eleanor radionuclide air emissions in there are no recordkeeping Thornton-Jones at the U.S. accordance with the guidance presented requirements. Burden means the total Environmental Protection Agency, in the American National Standard time, effort, or financial resources Center for Waste Management, Institute’s (ANSI) Guide to Sampling expended by persons to generate, Radiation Protection Division, Office of Airborne Radioactive Materials in maintain, retain, or disclose or provide Radiation and Indoor Air, 1200 Nuclear Facilities, ANSI N13.1–1969. In information to or for a Federal agency. Pennsylvania Avenue, NW., 1999, this ANSI standard was revised This includes the time needed to review Washington, DC 20460–0001; Mail code: and replaced by the new ANSI/HPS instructions; develop, acquire, install, 6608J or by e-mail: N13.1–1999 standard, entitled and utilize technology and systems for [email protected] or by phone ‘‘Sampling and Monitoring Releases of the purposes of collecting, validating, (202) 564–9773. Airborne Radioactive Substances from the Stacks and Ducts of Nuclear and verifying information, processing FOR FURTHER INFORMATION CONTACT: Facilities.’’ The standard for both and maintaining information, and Eleanor Thornton-Jones, telephone: disclosing and providing information; subparts H and I requires that emissions (202) 564–9773, fax: (202) 565–2065, of radionuclides to the ambient air shall adjust the existing ways to comply with e-mail: [email protected]. any previously applicable instructions not exceed those amounts that would and requirements; train personnel to be SUPPLEMENTARY INFORMATION: cause any member of the public to able to respond to a collection of Affected Entities: Entities affected by receive in any year an effective dose information; search data sources; this action are those which own or equivalent of 10 millirem/yr. Also, for complete and review the collection of operate Department of Energy (DOE) non-DOE federal facilities, emissions of information; and transmit or otherwise facilities, elemental phosphorus plants, iodine shall not exceed an effective dose disclose the information. Non-DOE federal facilities and equivalent of 3 millirem/yr to any phosphogypsum stacks, underground member of the public. Dated: March 4, 2002 uranium mines and uranium mill The new ANSI standard provides Robert Brenner, tailings piles. regulated facilities greater flexibility in Acting Assistant Administrator, Office of Air Title: National Emission Standards for designing sampling systems while and Radiation. Hazardous Air Pollutants: preserving protection of human health [FR Doc. 02–5740 Filed 3–8–02; 8:45 am] Radionuclides, OMB No. 2060–0191, and the environment. The DOE facilities BILLING CODE 6560–50–M expiring 6/30/02. and non-DOE federal facilities other
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than NRC licensees (such as Naval, a person is not required to respond to compliance. The DOE facilities and non- Department of Defense, and other a collection of information unless it DOE federal facilities other than NRC research and industrial facilities) will be displays a currently valid OMB control licensees will be required to adopt the required to adopt these updated number. The OMB control numbers for updated ANSI standard for sampling sampling methods for any newly EPA’s regulations are listed in 40 CFR methods for any newly constructed or constructed or modified source part 9, and 48 CFR Chapter 15. modified source requiring continuous requiring continuous sampling. Existing The EPA would like to solicit sampling. Existing stacks not stacks not undergoing modification will comments to: undergoing modification will not be (i) Evaluate whether the proposed not be required to upgrade to the new required to upgrade to the new sampling collection of information is necessary sampling standards; however, more standards; but will require more rigorous inspections will be required to for the proper performance of the functions of the agency, including rigorous inspections to ensure that all ensure that all sampling systems—both sampling systems; both new and new and existing—function as intended. whether the information will have existing will function as intended. EPA also has rescinded subpart I as it practical utility; Activities consist of reading and applies to NRC-licensed facilities, that (ii) Evaluate the accuracy of the became effective on December 30, 1996 agency’s estimate of the burden of the understanding the regulatory provisions (61 FR 68971). EPA’s decision to rescind proposed collection of information; and compliance procedures, preparing a subpart I was based on NRC’s (iii) Enhance the quality, utility, and test plan, performing testing, performing promulgation of the constraint rule, 10 clarity of the information to be data analysis, preparing a report, and CFR part 20 (61 FR 65120, December 10, collected; and storing and maintaining data. (iv) Minimize the burden of the 1996), requiring licensees to establish a collection of information on those who dose constraint for air emissions of Number of are to respond, including through the Respondent Facilities radionuclides of 10 mrem/year total use of appropriate automated collection effective dose equivalent to members of techniques or other forms of information Department of Energy ...... 40 the public. A 1992 survey conducted by technology, e.g., permitting electronic Elemental Phosphorous ...... 2 EPA and data collected during the submission of responses. Non-DOE not licensed by NRC 20 implementation of subpart I found no Burden Statement: Non-DOE Federal Phosphogypsum Stacks ...... 35 facility exceeding EPA’s 10 mrem/yr Facilities—Facilities may use written Underground Uranium Mines ... 7 effective dose equivalent standard. The procedures or the COMPLY computer Uranium Mill Tailings Piles existing subpart I of the radionuclide program for demonstrating compliance. (Subparts T and W) ...... 13 NESHAPs now only applies to non-DOE These procedures and the COMPLY Total ...... 122 federal facilities not licensed by NRC. program were designed to reduce the Information is being collected burden on smaller facilities for pursuant to Federal regulation 40 CFR determining compliance. The activities It is estimated that 122 facilities part 61. The pertinent sections of the of the various respondents consist of would be required to report emissions regulation for reporting and record reading and understanding the and/or effective dose equivalent keeping are listed below for each source regulatory provisions and compliance annually and retain supporting records category: procedures, identifying and listing input for five years. The total record keeping Department of Energy Facilities— data, performing computer runs, and reporting burden hours is 288 hours Sections 61.93, 61.94, 61.95 preparing a report, and storing and times 122 respondents = 35,136 hours. Elemental Phosphorous—Sections maintaining data. The estimated annualized capital/start 61.123, 61.124, 61.126 The estimated burden for each up costs are: $45,000 and the annual Non-DOE Federal Facilities—Sections respondent is 32 hours per response. operation and maintenance costs are 61.103, 61.104, 61.105, 61.107 This estimate is based on experience $1,581,120. Phosphogypsum Stacks—Sections gained in preparing radionuclide 61.203, 61.206, 61.207, 61.208, 61.209 NESHAPs enforcement and compliance Burden means the total time, effort, or Underground Uranium Mines—Sections guidance material and in demonstrating financial resources expended by persons 61.24, 61.25 the use of EPA’s COMPLY computer to generate, maintain, retain, or disclose Uranium Mill Tailings Piles—Sections program to the uninitiated. or provide information to or for a 61.223, 61.224, 61.253, 61.254, 40 CFR 61 Facilities—The estimates of Federal agency. This includes the time 61.255, this ICR renewal includes DOE needed to review instructions; develop, Data and information collected is facilities, elemental phosphorous plants, acquire, install, and utilize technology used by EPA to ensure that public non-DOE federal facilities other than and systems for the purposes of health continues to be protected from NRC licensees (such as Naval, collecting, validating, and verifying the hazards of airborne radionuclides by Department of Defense, and other information, processing and compliance with NESHAPs. If the research and industrial facilities), maintaining information, and disclosing information were not collected, it is phosphogypsum stacks, underground and providing information. unlikely that potential violations of the uranium mines and uranium mill standards would be identified and tailings piles. Owners and operators of Dated: March 5, 2002. corrective action would be initiated to each facility must monitor and track Bonnie Gitlin, bring the facilities back into emissions and calculate the highest Acting Director, Radiation Protection compliance. Compliance is effective dose equivalent. It is assumed Division, Office of Radiation and Indoor Air. demonstrated through emission testing that all facilities will perform emission [FR Doc. 02–5745 Filed 3–8–02; 8:45 am] and/or dose calculation. Results are testing so that EPA can ensure that the BILLING CODE 6560–50–P submitted to EPA annually for regulated facilities are in compliance verification of compliance and with the standard, can identify maintained for a period of 5 years. An violators, and prescribe corrective agency may not conduct or sponsor, and action to bring the facilities back into
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ENVIRONMENTAL PROTECTION Credits Provisions; in 40 CFR parts 86 was approved 07/20/2000, OMB No. AGENCY and 600; OMB No. 2060–0104; on 02/ 2060–0256; expires 07/31/2003. 13/2002 OMB extended the expiration EPA ICR No. 1284.06; Standards of [FRL–7155–5] date through 03/31/2002. Performance for New Stationary Sources, Polymeric Coating of Agency Information Collection Comment Filed Activities; OMB Responses Supporting Substrates Facilities, 40 CFR EPA ICR No. 1648.03, Control part 60, subpart VVV; was approved 01/ AGENCY: Environmental Protection Technology Determination for 04/2002; OMB No. 2060–0181; expires Agency (EPA). Equivalent Emission Limitations by 01/31/2005. ACTION: Notices. Permit; OMB No. 2060–0266; on 02/11/ EPA ICR No. 0370.18; Underground 2002 OMB filed comment. Injection Control Program; in 40 CFR SUMMARY: This document announces the Dated: February 28, 2002. parts 144 through 148; was approved Office of Management and Budget’s 01/09/2002; OMB No. 2040–0042; (OMB) responses to Agency clearance Oscar Morales, Director, Collection Strategies Division. expires 01/31/2005. request, in compliance with the EPA ICR No. 2058.01; Anthrax [FR Doc. 02–5741 Filed 3–8–02; 8:45 am] Paperwork Reduction Act (44 U.S.C. Decontamination Vendor Letter: Request 3501 et seq.). An agency may not BILLING CODE 6560–50–M for Test and supporting information to conduct or sponsor, and a person is not determine efficacy; was approved 01/ required to respond to, a collection of 15/2002; OMB No. 2050–0183; expires information unless it displays a ENVIRONMENTAL PROTECTION AGENCY 06/30/2002. currently valid OMB control number. EPA ICR No. 1741.03; Correction of The OMB control numbers for EPA’s [FRL–7155–6] Misreported Chemical Substances on regulations are listed in 40 CFR part 9 the Toxic Substances Control Act and 48 CFR chapter 15. Agency Information Collection (TSCA) Chemical Substances Inventory; FOR FURTHER INFORMATION CONTACT: Activities; OMB Responses in 40 CFR part 710; was approved 01/ Susan Auby at 260–4901, or email at 25/2002; OMB No. 2070–0145; expires AGENCY: Environmental Protection [email protected]. and please refer to 01/31/2005. the appropriate EPA Information Agency (EPA). Collection Request (ICR) Number. ACTION: Notices. Comments Filed EPA ICR No. 2029.01; National SUPPLEMENTARY INFORMATION: SUMMARY: This document announces the Emission Standards for Hazardous Air Office of Management and Budget’s OMB Responses to Agency Clearance Pollutants: Asphalt Processing and (OMB) responses to Agency clearance Requests Asphalt Roofing Manufacturing; in 40 requests, in compliance with the CFR part 63, subpart LLLLL; on 01/03/ OMB Approvals Paperwork Reduction Act (44 U.S.C. 2002 OMB filed comment. EPA ICR No. 1860.02; Assessment of 3501 et seq.). An agency may not Compliance Assistance Projects; was conduct or sponsor, and a person is not Dated: February 28, 2002. approved 02/13/2002; OMB No. 2020– required to respond to, a collection of Oscar Morales, 0015; expires 02/28/2005. information unless it displays a Director, Collection Strategies Division. EPA ICR No. 0559.07; Application for currently valid OMB control number. [FR Doc. 02–5744 Filed 3–8–02; 8:45 am] Reference and Equivalent Method The OMB control numbers for EPA’s BILLING CODE 6560–50–P Determination; was approved 02/15/ regulations are listed in 40 CFR part 9 2002; OMB No. 2080–0005; expires 02/ and 48 CFR chapter 15. 28/2005. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION EPA No. 1591.14; Regulation of Fuels Susan Auby at 260–4901, or e-mail at AGENCY and Fuel Additives: Reformulated [email protected], and please refer to [FRL–7152–8] Gasoline Terminal Receipt Date; was the appropriate EPA Information approved 02/22/2002; OMB No. 2060– Collection Request (ICR) Number. Public Water System Supervision 0277; expires 04/30/2004. SUPPLEMENTARY INFORMATION: Program Revision for the State of EPA No. 2015.01, Certification in Lieu Arkansas of Chloroform Minimum Monitoring OMB Responses to Agency Clearance Requiring for Direct and Indirect Requests AGENCY: Environmental Protection Agency (EPA). Discharging Mills in the Bleached OMB Approvals Papergrade Kraft and Soda Subcategory ACTION: Notice of tentative approval. of the Public, Paper; was approved 02/ EPA ICR No. 1947.02; National 15/2002; OMB No. 2020–0242; expires Emission Standards for Hazardous Air SUMMARY: Notice is hereby given that 02/28/2005. Pollutants: Solvent Extraction for the State of Arkansas is revising its EPA No. 1878.01; Minimum Vegetable Oil Production; in 40 CFR approved Public Water System Monitoring Requirements for Direct and part 63, subpart GGGG; was approved Supervision Program. Arkansas has Indirect Discharging Mills in the 01/03/2002; OMB No. 2060–0471; adopted an Interim Enhanced Surface Bleached Papergrade Kraft and Soda expires 01/31/2005. Water Treatment Rule to improve Subcategory and the Papergrade Sulfite EPA ICR No. 0107.07; Source control of microbial pathogens in Subcategory of the Pulp, Paper, was Compliance and State Action Reporting; drinking water, including specifically approved 02/25/2002; OMB No. 2020– in 40 CFR part 51, subpart Q; was the protozoan Cryptosporidium, and a 0243; expires 02/28/2005. approved 01/04/2002; OMB No. 2060– Stage 1 Disinfectant/Disinfection 0096; expires 01/31/2005. Byproducts Rule, setting new Short Term Extensions EPA ICR No. 1626–07; National requirements to limit the formation of EPA ICR No. 0783.40; Motor Vehicle Recycling and Emissions Reduction chemical disinfectant byproducts in Emission Standards and Emission Program; in 40 CFR part 82, subpart F; drinking water. EPA has determined
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that these revisions are no less stringent FEDERAL COMMUNICATIONS four recommendations for STS cost than the corresponding federal COMMISSION recovery: (1) The Commission directs regulations. Therefore, EPA intends to the TRS administrator to use the same approve these program revisions. Public Information Collections average per minute costing methodology Approved by Office of Management cost recovery mechanism for traditional All interested parties may request a and Budget TRS for STS; (2) the Commission adopts public hearing. A request for a public a separate per-minute national average hearing must be submitted by April 10, March 4, 2002. compensation formula for STS and 2002, to the Regional Administrator at The Federal Communications directs the TRS administrator to develop the EPA Region 6 address shown below. Commission (FCC) has received Office annually a national average STS Frivolous or insubstantial requests for a of Management and Budget (OMB) reimbursement rate for compensating hearing may be denied by the Regional approval for the following public STS providers; (3) because STS service Administrator. However, if a substantial information collections pursuant to the is of a more recent origin, the request for a public hearing is made by Paperwork Reduction Act of 1995, Pub. Commission adopts the Advisory April 10, 2002, a public hearing will be L. 104–13. An agency may not conduct Council and the Fund Administrator’s held. If no timely and appropriate or sponsor and a person is not required recommendation that the TRS Center request for a hearing is received and the to respond to a collection of information Data Request be expanded to capture Regional Administrator does not elect to unless it displays a currently valid separately STS costs and minutes; and hold a hearing on his own motion, this control number. For further information (4) as with traditional TRS, each determination shall become final and contact Shoko B. Hair, Federal provider of STS services will be Communications Commission, (202) effective on April 10, 2002. Any request compensated at the national average rate 418–1379. for a public hearing shall include the for every completed conversation following information: The name, Federal Communications Commission minute. In the MO&O, the Commission also states that due to the unique address, and telephone number of the OMB Control No.: 3060–0463. characteristics of VRS, a separate individual, organization, or other entity Expiration Date: 07/31/2002. reimbursement rate for VRS should be requesting a hearing; a brief statement of Title: Telecommunications Services calculated. The Commission also agrees the requesting person’s interest in the for Individuals with Hearing and with the Advisory Council and the Fund Regional Administrator’s determination Speech Disabilities and the Americans Administrator’s recommendation that and a brief statement of the information with Disabilities Act of 1990, 47 CFR the TRS Center Data Request should be that the requesting person intends to part 64 (Sections 64.601–64.605). expanded to include specific sections to submit at such hearing; and the Form No.: N/A. capture separately VRS costs and signature of the individual making the Respondents: Business or other for- profit. minutes for this service. Thus, the request, or, if the request is made on Commission requires NECA to expand behalf of an organization or other entity, Estimated Annual Burden: 5052 respondents; 5.31 hour per response the TRS Data Request to include data the signature of a responsible official of that are specific to VRS. By promoting the organization or other entity. (avg.); 26,831 total annual burden hours (for all collections under this control the efficient and effective means of cost ADDRESSES: All documents relating to number). recovery for TRS services, these this determination are available for Estimated Annual Reporting and collection requirements should help to inspection between the hours of 8 a.m. Recordkeeping Cost Burden: $0. advance a procompetitive, deregulatory and 4:30 p.m., Monday through Friday, Frequency of Response: On occasion; national policy framework for at the following offices: Arkansas Every five years; Recordkeeping; Third telecommunications services, a key goal Department of Health, Division of Party Disclosure. of the Telecommunications Act of 1996. Other information collections Engineering—Slot #37, 4815 West Description: In the Memorandum unaffected by the MO&O remain in Markham, Little Rock, Arkansas 72205 Opinion and Order and Further Notice place as currently approved by OMB. and United States Environmental of Proposed Rulemaking issued in CC Docket No. 98–67, released December Obligation to respond: Mandatory. Protection Agency, Region 6, Drinking OMB Control No.: 3060–0519. Water Section (6WQ–SD), 1445 Ross 21, 2001 (MO&O), the Commission adopts three of the four Expiration Date: 02/28/2005. Avenue, Suite 1200, Dallas, Texas Title: Rules and Regulations recommendations for traditional TRS: 75202. Implementing the Telephone Consumer (1) The Commission directs the TRS Protection Act of 1991 (CC Docket No. administrator to use the average per FOR FURTHER INFORMATION CONTACT: Jose´ 92–06). G. Rodriguez, EPA Region 6, Drinking minute costing methodology to develop Form No.: N/A. Water Section at the Dallas address the interstate cost recovery mechanism Respondents: Business or other for- given above or at telephone (214) 665– for traditional TRS; (2) the Commission profit. 8087. also directs the TRS administrator to Estimated Annual Burden: 30,000 review the TRS Center Data Request, respondents; 31.2 hours per response Authority: (Section 1413 of the Safe and report to the Chief of the Common (avg.); 936,000 total annual burden Drinking Water Act, as amended (1996), and Carrier Bureau, on an ongoing basis, any 40 CFR part 142 of the National Primary hours. changes necessary to ensure that TRS Estimated Annual Reporting and Drinking Water Regulations). providers are compensated for Recordkeeping Cost Burden: $0. Dated: February 22, 2002. additional costs imposed by the Frequency of Response: On occasion; Lawrence Starfield, Improved TRS Order; and (3) the Recordkeeping.. Acting Regional Administrator, Region 6. Commission directs that the same Description: In CC Docket No. 92–60, minutes of use allocation methodology the Commission implemented rules [FR Doc. 02–5182 Filed 3–8–02; 8:45 am] in place for toll-free call minutes should pursuant to the requirements of the BILLING CODE 6560–50–P be used for 900 call minutes. In the Telephone Consumer Protection Act of MO&O, the Commission also adopts the 1991, Public Law 102–243, December
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20, 1991 (TCPA) which added Section requirement was a response to a (PSPs) were compensated for certain 227 to the Communications Act of 1934, widespread failure of aggregators to noncoin calls originated from their as amended, to restrict the use of disclose information necessary for payphones. In a Memorandum Opinion automatic telephone dialing systems, informed consumer choice in the and Order issued in CC Docket No. 96– artificial or prerecorded messages, marketplace. See 47 CFR Section 128 (Order), the Commission clarified facsimile machines or other devices to 64.703(b). In the Second Order on requirements established in the send unsolicited advertisements. The Reconsideration in CC Docket No. 92– Payphone Orders for the provision of rules require that telephone solicitors 77, the Commission amended section payphone-specific coding digits. The maintain and use company-specific lists 64.703(b)(4) to require that the new following collections of information of residential subscribers who request bureau’s (Consumer Information implement section 276 of the Act. The not to receive further telephone calls Bureau) name and address be posted on collection requirements are as follows: (company-specific do-not-call lists), payphones in future postings. The a. LEC Tariff to provide FLEX ANI to thereby affording consumers the choice Consumer Information Bureau, is now IXCs: Local exchange carriers (LECs) of which solicitors if any, they will hear the appropriate recipient of consumer must implement FLEX ANI to comply from by telephone. Telephone solicitors complaints about OSPs. Section with the requirements set forth in the also are required to have a written 64.703(c) establishes a 30-day outer Payphone Orders. LECs must provide to policy for maintaining do-not-call lists, limit for aggregators to update the IXCs through their interstate tariffs, and are responsible for informing and posted information. An aggregator may FLEX ANI service so that IXCs can training their personnel the existence meet the 30-day outer limit rule, where identify which calls come from a and use of such lists. See 47 CFR its maintenance technicians would not payphone. LECs (and PSPs) must Section 64.1200(e)(i). The rules require otherwise visit the particular payphone provide FLEX ANI to IXCs without that those making telephone location within 30 days, by having its charge for the limited purpose of per- solicitations identify themselves to coin collection or other agent affix a call compensation, and accordingly, called parties, and that basic identifying temporary sticker to the payphone. Such LECs providing FLEX ANI must revise information also be included in temporary sticker must be replaced with their interstate tariffs to reflect FLEX telephone facsimile transmissions. See permanent signage during the next ANI as a nonchargeable option to IXCs 47 CFR Sections 64.1200(e)(iv) and regularly scheduled maintenance visit. no later than March 30, 1998, to be 68.318(c)(3). The Commission believes Section 64.703(c) is intended to provide effective no later than April 15, 1998, in that these rules are the best means of updated OSP information to consumers those areas that it is available. (No. of preventing unwanted telephone and enable consumers to make informed respondents: 400; hours per response: solicitations. Obligation to respond: choices when placing operator service 35 hours; total annual burden: 14,000 Mandatory. calls. See 47 CFR Section 64.703(c). hours.) OMB Control No.: 3060–0653. Aggregators will disclose the required b. LEC Tariff to recover costs: LECs Expiration Date: 02/28/2005. information to consumers via printed must file a tariff to establish a rate Title: Sections 64.703(b) and (c)— notice that is posted on or near each of element in their interstate tariffs to Consumer Information—Posting by the aggregator’s phones. Pursuant to recover their costs from PSPs for Aggregators. Section 64.703(c), this information must providing payphone-specific coding Form No.: N/A. . be updated within 30 days in changes digits to IXCs. This tariff must reflect Respondents: Business or other for- of OSPs. Consumers will use this the costs of implementing FLEX ANI to provide payphone-specific coding digits profit. information to determine whether they Estimated Annual Burden: 56,200 for payphone compensation, and wish to use the services of the identified respondents; 3.67 hour per response provide for recovery of such costs over OSP. Obligation to respond: Mandatory. (avg.); 206,566 total annual burden OMB Control No.: 3060–0823. a reasonable time period through a hours. Expiration Date: 2/28/2005. monthly recurring flat-rate charge. LECs Estimated Annual Reporting and Title: Pay Telephone Reclassification must provide cost support information Recordkeeping Cost Burden: $0. Memorandum Opinion and Order, CC for the rate elements they propose. The Frequency of Response: On occasion; Docket No. 96–128. Bureau will review these LEC rate Third Party Disclosure. Form No.: N/A. element tariff filings, the reasonableness Description: Section 226(c)(1)(A) of Respondents: Business or other for- of the costs, and the recovery period. the Communications Act and Section profit. LECs will recover their costs over an 64.703(b) of the Commission’s rules Estimated Annual Burden: 400 amortization period of no more than ten require that each aggregator post on or respondents; 111.75 hour per response years. The rate element charges will near the telephone instrument in plain (avg.); 44,700 total annual burden hours. discontinue when the LEC has view of consumers: (1) The name, Estimated Annual Reporting and recovered its cost. (No. of respondents: address, and toll-free telephone number Recordkeeping Cost Burden: $480,000. 400; hours per response: 35 hours; total of the provider of operator services; (2) Frequency of Response: On occasion; annual burden 14,000 hours.) written disclosure that the rates for all Recordkeeping; Third Party Disclosure. c. LECs must provide IXCs operator-assisted calls are available on Description: In the Payphone Orders, information on payphones that provide request, and that consumers have a right the Commission adopted rules and payphone-specific coding digits for to obtain access to the interstate policies governing the payphone smart and dumb payphones: LECs must common carrier of their choice and may industry to implement section 276 of provide IXCs information on the contact their preferred interstate the Telecommunications Act of 1996. number and location of smart and dumb common carriers for information on Those rules and policies in part payphones providing payphone-specific accessing that carrier’s service using establish a plan to ensure fair coding digits, as well as the number of that telephone; and (3) the name and compensation for ‘‘each and every those that are not. (No. of respondents: address of the Consumer Information completed intrastate and interstate call 400; hours per response: 24 hours; total Bureau of the Commission, to which the using [a] payphone.’’ Specifically, the annual burden: 9600 hours.) consumer may direct complaints Commission established a plan to d. LECs must provide IXCs and PSPs regarding operator services. This ensure that payphone service providers information on where FLEX ANI is
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available now and when it is to be FEDERAL COMMUNICATIONS Respondents: Business or other for- scheduled in the future: Within 30 days COMMISSION profit entities; Not-for-profit of the release of the MO&O, LECs institutions; and State, local, or tribal should be prepared to provide IXCs, Notice of Public Information governments. upon request, information regarding Collection(s) being Submitted to OMB Number of Respondents: 700. their plans to implement FLEX ANI by for Review and Approval Estimated Time Per Response: 4 hrs. end office. LECs must provide IXCs and Frequency of Response: March 4, 2002. Recordkeeping; On occasion reporting PSPs information on payphones that SUMMARY: The Federal Communications provide payphone-specific coding digits requirement. Commissions, as part of its continuing Total Annual Burden: 2,800 hrs. on end offices where FLEX ANI is effort to reduce paperwork burden available, and where it is not, on a Total Annual Costs: None. invites the general public and other Needs and Uses: Applicants must file monthly basis. Pursuant to the waivers Federal agencies to take this FCC Form 442 under 47 CFR Sections in this order, LECs must also inform opportunity to comment on the 5.55(a), (b), and (c) of FCC Rules to IXCs and PSPs proposed dates for its following information collection, as obtain a license to operate a new or availability. (No. of respondents: 400; required by the Paperwork Reduction modified experimental radio station. hours per response: 16 hours; total Act of 1995, Public Law 104–13. An The Commission uses the data obtained annual burden: 6400 hours.) agency may not conduct or sponsor a from Form 442 to if the applicant is e. For a waiver granted to small or collection of information unless it eligible for an experimental license; the midsize LECs, a cost analysis must be displays a currently valid control purpose of the experiment; compliance number. No person shall be subject to provided, upon request: In the MO&O, with the requirements of 5 CFR part 5 any penalty for failing to comply with the Bureau grants a waiver to midsize of FCC Rules; and if the proposed a collection of information subject to the and small LECs that will be unable to operation will cause interference to Paperwork Reduction Act (PRA) that existing operations. recover the costs of implementing FLEX does not display a valid control number. ANI in a reasonable time period. LECs Comments are requested concerning (a) OMB Control Number: 3060–0149. Title: Application and Supplemental must make this evaluation within 30 whether the proposed collection of Information Requirements—Part 63, days of the release of the MO&O. The information is necessary for the proper Section 214, Sections 63.01–63.601. LEC must then notify IXCs that they will performance of the functions of the Form Number: N/A. not be implementing FLEX ANI Commission, including whether the Type of Review: Revision of a pursuant to this waiver, and provide the information shall have practical utility; currently approved collection. number of dumb payphones providing (b) the accuracy of the Commission’s Respondents: Business or other for- the ‘‘27’’ coding digit and the number of burden estimate; (c) ways to enhance profit entities. smart phones for which payphone- the quality, utility, and clarity of the Number of Respondents: 255. specific coding digits are unavailable. A information collected; and (d) ways to Estimated Time Per Response: 10 hrs. LEC delaying the implementation of minimize the burden of the collection of (avg.). information on the respondents, FLEX ANI pursuant to this waiver Frequency of Response: including the use of automated provision must be prepared to provide Recordkeeping; On occasion reporting collection techniques or other forms of its analysis, if requested by the requirements; Third party disclosure. information technology. Commission. (No. of respondents: 20; Total Annual Burden: 2,550 hrs. hours per response: 35 hours; total DATES: Written comments should be Total Annual Costs: None. annual burden: 700 hours.) The submitted on or before April 10, 2002. Needs and Uses: Section 214 of the information disclosure rules and If you anticipate that you will be Communications Act of 1934, as policies governing the payphone submitting comments, but find it amended, requires that the FCC review industry to implement section 276 of difficult to do so within the period of the establishment, lease, operations, and the Act will ensure the payment of per- time allowed by this notice, you should extension of channels of call compensation by implementing a advise the contact listed below as soon communications by interstate common method for LECs to provide information as possible. carriers. 47 CFR part 63 implements to IXCs to identify calls, for each and ADDRESSES: Direct all comments to Les section 214. part 63 also implements every call made from a payphone. Smith, Federal Communications provisions of the Cable Communications Obligation to respond: Required to Commission, Room 1–A804, 445 12th Policy Act of 1984 pertaining to video obtain or retain benefits. Street, SW., Washington, DC 20554 or programming by telephone common via the Internet to [email protected]. carriers. The Commission uses the Public reporting burden for the FOR FURTHER INFORMATION CONTACT: For information it receives in applications collections of information are as noted additional information or copies of the from dominant carriers to determine if above. Send comments regarding the information collections contact Les the facilities are needed. The burden estimates or any other aspect of Smith at (202) 418–0217 or via the information received from non- the collections of information, including Internet at [email protected]. dominant carriers is used to monitor the suggestions for reducing the burden to SUPPLEMENTARY INFORMATION: growth of the networks and the Performance Evaluation and Records OMB Control Number: 3060–0065. availability of common carrier services. Management, Washington, DC 20554. Title: Application for New or OMB Control Number: 3060–0484. Federal Communications Commission. Modified Radio Station Authorization Title: Amendment of part 63 of the William Caton, Under Part 5 of FCC Rules, Commission’s Rules to Provide for Acting Secretary. Experimental Radio Service (Other than Notification of Common Carriers of Broadband). Service Disruptions, section 63.100. [FR Doc. 02–5677 Filed 3–8–02; 8:45 am] Form Number: FCC 442. Form Number: N/A. BILLING CODE 6712–01–P Type of Review: Extension of a Type of Review: Extension of a currently approved collection. currently approved collection.
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Respondents: Businesses or other for- governing the schools and libraries baseline record regarding the current profit entities. universal service support mechanism. In state of equal access and Number of Respondents: 52. addition, service providers/vendors use nondiscrimination requirements. As Estimated Time Per Response: 5 hrs. FCC Form 474, Service Provider Invoice such, it seeks comment on the existing Frequency of Response: On occasion Form, to seek reimbursement for the equal access and nondiscrimination reporting requirements. cost of discounts that they give to obligations of Bell Operating Companies Total Annual Burden: 1,040 hrs. eligible entities for eligible services. (BOCs), both with and without section Total Annual Costs: None. OMB Control Number: 3060–0995. 271 authority. The Commission also Needs and Uses: 47 CFR 63.100 of the Title: Amendment of Part 1 of the seeks comment on the equal access and FCC Rules requires local exchange or Commission’s Rules—Competitive nondiscrimination obligations of interexchange common carriers that Bidding Procedures, 47 CFR Section incumbent independent local exchange operate transmission or switching 1.2105(c)(1) of the Commission’s Rules carriers (LECs) and competitive LECs. facilities and provide access service or (Anti-Collusion). Then, the Commission asks commenters interstate or international Form Number: N/A. what the equal access and communications services that Type of Review: Extension of a nondiscrimination requirements of all experience outages on any facilities that currently approved collection. these carriers should be, considering the they own or operate to notify the FCC Respondents: Business or other for- many legal and marketplace changes if the service outage continues for 30 or profit entities; Individuals or that have transpired since the earlier more minutes. Carriers must file an households; Not-for-profit institutions; requirements were adopted. initial and final service outage report. and State, local, or tribal governments. DATES: Comments are due May 10, 2002, The FCC uses these reports to monitor Number of Respondents: 10. and reply comments are due June 10, developments affecting Estimated Time Per Response: 5 2002. telecommunications reliability; to serve hours. FOR FURTHER INFORMATION CONTACT: Julie as a source of public information; to Frequency of Response: On occasion Veach, Attorney-Advisor, Policy and encourage and, where appropriate, to reporting requirements. Program Planning Division, Common assist in dissemination of information to Total Annual Burden: 50 hours. Carrier Bureau, at (202) 418–1558, or via those affected; and to take immediate Total Annual Costs: None. the Internet at [email protected]. steps, as needed, and after analyzing the Needs and Uses: The information SUPPLEMENTARY INFORMATION: This is a information, to determine what, if any, requirement will enable the FCC to summary of the Commission’s Notice of additional action is required. ensure that no bidder gains an unfair Inquiry (NOI) in CC Docket No. 02–39, advantage over other bidders in its OMB Control Number: 3060–0856 FCC 02–57, adopted February 19, 2002, spectrum auctions, and thus enhance Title: Universal Service—Schools and and released February 28, 2002. The the competitiveness and fairness of its Libraries Universal Service Program complete text of this NOI is available for auctions. The Commission will review Reimbursement Forms. inspection and copying during normal the information collected will review Form Number: FCC 472, 473, and 474. business hours in the FCC Reference and, if warranted, refer it to the Type of Review: Extension of a Information Center, Portals II, 445 12th Commission’s Enforcement Bureau for currently approved collection. Street, SW., Room CY–A257, possible investigation and Respondents: Businesses or other for- Washington, DC, 20554. This document administrative action. The Commission profit entities; and Not-for-profit may also be purchased from the may also refer allegations of institutions. Commission’s duplicating contractor, anticompetitive auction conduct to the Number of Respondents: 61,800. Qualex International, Portals II, 445 Department of Justice for investigation. Estimated Time Per Response: 1.0 to 12th Street, SW., Room CY–B402, 1.5 hrs. Federal Communication Commission. Washington, DC 20554, telephone 202– Frequency of Response: On occasion William F. Caton, 863–2893, facsimile 202–863–2898, or reporting requirements; Third party Acting Secretary. via e-mail [email protected]. It is also disclosure. [FR Doc. 02–5784 Filed 3–8–02; 8:45 am] available on the Commission’s Web site Total Annual Burden: 88,050 hrs. BILLING CODE 6712–01–P at http://www.fcc.gov. Total Annual Costs: None. Needs and Uses: The Synopsis of the Notice of Inquiry (NOI) Telecommunications Act of 1996 FEDERAL COMMUNICATIONS 1. The Commission’s goals in contemplates that discounts on eligible COMMISSION conducting this inquiry are: (1) To services shall be provided to schools facilitate an environment that will be and libraries, and that service providers [CC Docket No. 02–39; FCC 02–57] conducive to competition, deregulation shall seek reimbursement for the Review of the Equal Access and and innovation; (2) to establish a amount of the discounts. Service Nondiscrimination Obligations modern equal access and providers/vendors that participate in the Applicable to Local Exchange Carriers nondiscrimination regulatory regime universal service support are assigned a that will benefit consumers; (3) to service provider identification number AGENCY: Federal Communications balance regulatory costs against these (SPIN). The fund administrator uses Commission benefits, and (4) to harmonize the FCC Form 472, Billed Entity Applicant ACTION: Notice. requirements of similarly-situated Reimbursement Form, to pay universal carriers as much as possible. service support to service providers who SUMMARY: This document initiates an 2. Background. By adopting the give discounted services to eligible inquiry to examine the continued Telecommunications Act of 1996 (1996 schools, libraries, and consortia of those importance of the equal access and Act), Congress sought to lay the entities. Service provider/vendors use nondiscrimination obligations of section foundation for pro-competitive, FCC Form 473, Service Provider Annual 251(g) of the Communications Act of deregulatory telecommunications Certification Form, to confirm that they 1934, as amended (the Act). This policies that facilitate investment in and are in compliance with the FCC’s rules document also seeks to develop a deployment of advanced services to all
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Americans. Mindful that competition equal access and nondiscrimination and nondiscrimination obligations of would not develop in all markets requirements in light of current competitive LECs be? Can the immediately, Congress left in place marketplace conditions, including the Commission harmonize the obligations certain safeguards, such as section state of competition in the local market of competitive LECs with the obligations 251(g). That statutory provision and BOC entry into the long distance of other LECs that provide interLATA preserves the equal access and market. services on an integrated basis? 5. Bell Operating Companies. The nondiscrimination requirements that Federal Communications Commission. were established for LECs ‘‘under any Commission seeks comment on the William F. Caton, court order, consent decree, or existing equal access and regulation, order, or policy of the nondiscrimination requirements of Acting Secretary. Commission’’ prior to passage of the BOCs, which include the line of cases [FR Doc. 02–5673 Filed 3–8–02; 8:45 am] 1996 Act. Notably, section 251(g) stemming from the MFJ. It also seeks BILLING CODE 6712–01–P imports the obligations of the comment on what the BOCs’ equal Modification of Final Judgment (MFJ), access and nondiscrimination obligation the consent decree that settled the should be, whether changes in equal FEDERAL COMMUNICATIONS Department of Justice’s antitrust suit access and nondiscrimination COMMISSION requirements are now needed for BOCs against AT&T and required divestiture Technological Advisory Council of the BOCs, as well as Commission and what changes are appropriate. Meeting Postponed equal access requirements. Section Should BOCs be required to provide 251(g) grants the Commission authority information regarding all available AGENCY: Federal Communications to prescribe regulations superseding interexchange carriers? What kind of Commission. pre-existing equal access and marketing arrangements between BOCs ACTION: Notice of cancellation of public nondiscrimination obligations. and other carriers are permissible? What meeting. 3. First, the Commission seeks is the relationship between sections comment on how it should go about 251(g) and 272? SUMMARY: In accordance with the changing or eliminating any existing 6. Incumbent Independent Local Federal Advisory Committee Act, 5 equal access and nondiscrimination Exchange Carriers. Section 251(g) also U.S.C. App. 2, Public Law 92–463, as requirements, should it decide to do so. imports equal access and amended, this notice advises interested Specifically, section 251(g) states that nondiscrimination requirements that persons that the meeting of the all pre-1996 Act requirements continue existed for incumbent independent Technological Advisory Council to apply ‘‘until such restrictions and LECs prior to the 1996 Act. The scheduled for March 20, 2002 has been obligations are explicitly superseded by Commission seeks comment on what, if cancelled and will be rescheduled at a regulations prescribed by the any, ‘‘order, consent decree, or later date. Commission.’’ Congress expected that regulation, order, or policy of the FOR FURTHER INFORMATION CONTACT: ‘‘[w]hen the Commission promulgates Commission’’ applies to incumbent Jeffery Goldthorp, [email protected], or its new regulations, * * * the independent LECs. It also asks what the 202–418–1096. Commission will explicitly identify regulatory costs to these carriers are those parts of the interim restrictions under the current equal access and Federal Communications Commission. and obligations that it is superseding so nondiscrimination requirements and William F. Caton, that there is no confusion as to what whether those requirements should Acting Secretary. restrictions and obligations remain in continue to apply to incumbent [FR Doc. 02–5674 Filed 3–8–02; 8:45 am] effect.’’ The Commission asks whether it independent LECs in view of the new BILLING CODE 6712–01–P should adopt new rules to replace the competitive paradigm contemplated by existing section 251(g) requirements, or the 1996 Act. The Commission also asks is it enough for the Commission to state for comment on the extent to which it FEDERAL COMMUNICATIONS in an order that such requirements are can harmonize the obligations of COMMISSION no longer necessary in the wake of the incumbent independent LECs that [Report No. 2534] 1996 Act? Alternatively, it asks whether provide interLATA services through a the Commission should forbear from separate affiliate with the obligations of Petition for Clarification and Waiver of such requirements to the extent they other LECs that provide interLATA Action in Rulemaking Proceeding meet the standards of 47 U.S.C. 160? services through a separate affiliate, and 4. Changing Market Conditions. The the extent to which it can harmonize the March 4, 2002. Commission seeks comment on what obligations of incumbent independent Petition for Clarification and Waiver equal access and nondiscrimination LECs that provide interLATA services has been filed in the Commission’s requirements were carried through from on an integrated basis with the rulemaking proceeding listed in this the MFJ, to which carriers these obligations of other LECs that provide Public Notice and published pursuant to requirements apply, and the extent to interLATA services on an integrated 47 CFR 1.429(e). The full text of this which these requirements are relevant basis. document is available for viewing and today. The Commission further seeks 7. Competitive Local Exchange copying in Room CY–A257, 445 12th comment on whether the goals Carriers. The Commission also seeks Street, SW., Washington, DC or may be underlying section 251(g) can be comment on the existing equal access purchased from the Commission’s copy achieved through any other means, and nondiscrimination obligations that contractor, Qualex International (202) including reliance on other provisions apply to competitive LECs. What 863–2893. Oppositions to this petition of section 251 and the requirements that Commission orders or other law impose must be filed by March 26, 2002. See the Commission has imposed pursuant equal access and nondiscrimination section 1.4(b)(1) of the Commission’s to those provisions. It further asks how requirements on non-incumbent LECs rules (47 CFR 1.4(b)(1)). Replies to an sections 201 and 202, and the today, and what are the regulatory costs opposition must be filed within 10 days Commission’s orders interpreting those to these carriers of those requirements? after the time for filing oppositions has sections, affect the need for separate What, if any, should the equal access expired.
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Subject: Billed Party Preference for O FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM + Interlata Calls (CC Docket No. 92–77). Number of Petitions Filed: 1. Formations of, Acquisitions by, and Notice of Proposals to Engage in Mergers of Bank Holding Companies Permissible Nonbanking Activities or William F. Caton, to Acquire Companies that are Acting Secretary. The companies listed in this notice Engaged in Permissible Nonbanking [FR Doc. 02–5678 Filed 3–8–02; 8:45 am] have applied to the Board for approval, Activities BILLING CODE 6212–01–M pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) The companies listed in this notice (BHC Act), Regulation Y (12 CFR part have given notice under section 4 of the FEDERAL COMMUNICATIONS 225), and all other applicable statutes Bank Holding Company Act (12 U.S.C. COMMISSION and regulations to become a bank 1843) (BHC Act) and Regulation Y (12 holding company and/or to acquire the CFR Part 225) to engage de novo, or to [Report No. 2535] assets or the ownership of, control of, or acquire or control voting securities or the power to vote shares of a bank or assets of a company, including the Petition for Reconsideration of Action bank holding company and all of the companies listed below, that engages in Rulemaking Proceeding banks and nonbanking companies either directly or through a subsidiary or March 5, 2002. owned by the bank holding company, other company, in a nonbanking activity Petition for Reconsideration has been including the companies listed below. that is listed in § 225.28 of Regulation Y filed in the Commission’s rulemaking The applications listed below, as well (12 CFR 225.28) or that the Board has proceeding listed in this Public Notice as other related filings required by the determined by Order to be closely and published pursuant to 47 CFR Board, are available for immediate related to banking and permissible for 1.429(e). The full text on this document inspection at the Federal Reserve Bank bank holding companies. Unless is available for viewing and copying in indicated. The application also will be otherwise noted, these activities will be Room CY–A257, 445 12th Street, SW., available for inspection at the offices of conducted throughout the United States. Washington, DC or may be purchased the Board of Governors. Interested Each notice is available for inspection from the Commission’s copy contractor, persons may express their views in at the Federal Reserve Bank indicated. Qualex International (202) 863–2893. writing on the standards enumerated in The notice also will be available for Oppositions to this petition must be filed by March 26, 2002. See section the BHC Act (12 U.S.C. 1842(c)). If the inspection at the offices of the Board of 1.4(b)(1) of the Commission’s rules (47 proposal also involves the acquisition of Governors. Interested persons may CFR 1.4(b)(1)). Replies to an opposition a nonbanking company, the review also express their views in writing on the must be filed within 10 days after the includes whether the acquisition of the question whether the proposal complies time for filing oppositions has expired. nonbanking company complies with the with the standards of section 4 of the Subject: Amendment of part 67 of the standards in section 4 of the BHC Act BHC Act. Additional information on all Commission’s Rules and Establishment (12 U.S.C. 1843). Unless otherwise bank holding companies may be of a Joint Board (CC Docket No. 80–286). noted, nonbanking activities will be obtained from the National Information Numbers of Petitions Filed: 1. conducted throughout the United States. Center website at www.ffiec.gov/nic/. Additional information on all bank William F. Caton, Unless otherwise noted, comments holding companies may be obtained regarding the applications must be Acting Secretary. from the National Information Center received at the Reserve Bank indicated [FR Doc. 02–5679 Filed 3–8–02; 8:45 am] website at www.ffiec.gov/nic/. or the offices of the Board of Governors BILLING CODE 6712–01–M Unless otherwise noted, comments not later than March 25, 2002. regarding each of these applications A. Federal Reserve Bank of New must be received at the Reserve Bank York (Betsy Buttrill White, Senior Vice FEDERAL ELECTION COMMISSION indicated or the offices of the Board of President) 33 Liberty Street, New York, Governors not later than April 5, 2002. New York 10045–0001: Sunshine Act Meeting A. Federal Reserve Bank of Cleveland 1. Barclays Plc and Barclays Bank, (Stephen J. Ong, Vice President) 1455 Date & Time: Thursday, March 14, both of London, England; to acquire 2002 at 10 a.m. East Sixth Street, Cleveland, Ohio Digital Signature Trust Company, Salt 44101–2566: Place: 999 E Street, NW., Washington, Lake City, Utah, and thereby indirectly DC (Ninth Floor). 1. Charter One Financial, Inc., engage through Identrus, LLC, New Status: This meeting will be open to Cleveland, Ohio; to acquire and merge York, New York, in certification the public. with Charter National Bancorp, Inc., authority activities, and other incidental The following item has been added to Taylor, Michigan, and thereby acquire activities relating to the certification the agenda: Topics for Administrative Charter Bank, Wyandotte, Michigan. authority activities, pursuant to Bayer Fines Rulemaking. Board of Governors of the Federal Reserve Hypo- und Verinsbank AG 86 Fed. Res. PERSON TO CONTACT FOR INFORMATION: System, March 6, 2002. Bull. 56 (2000). Mr. Ron Harris, Press Officer, Robert deV. Frierson, Board of Governors of the Federal Reserve Telephone: (202) 694–1220. Deputy Secretary of the Board. System, March 5, 2002. Mary W. Dove, [FR Doc. 02–5829 Filed 3–8–02; 8:45 am] Robert deV. Frierson, Secretary of the Commission. BILLING CODE 6210–01–S Deputy Secretary of the Board. [FR Doc. 02–5859 Filed 3–7–02; 11:51 am] [FR Doc.02–5772 Filed 3–8–02; 8:45 am] BILLING CODE 6715–01–M BILLING CODE 6210–01–S
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DEPARTMENT OF HEALTH AND Wednesday, February 6, 2002, the the data collection plans and draft HUMAN SERVICES following correction is made: instruments, call the HRSA Reports On page 5604, in the third column, Clearance Officer on (301) 443–1129. Food and Drug Administration add the following sentence at the end of Comments are invited on: (a) Whether [Docket No. 02D–0032] the ADDRESSES section: ‘‘Submit written the proposed collection of information comments on the document to the is necessary for the proper performance Guidance for Industry; Implementation Dockets Management Branch (HFA– of the functions of the Agency, of Section 755 of the Agriculture, Rural 305), Food and Drug Administration, including whether the information shall Development, Food and Drug 5630 Fishers Lane, rm. 1061, Rockville, have practical utility; (b) the accuracy of Administration, and Related Agencies MD 20852.’’ the Agency’s estimate of the burden of Appropriations Act of 2002, Pub. L. No. Dated: March 4, 2002. the proposed collection of information; 107–76, § 755 (2001) Regarding Margaret M. Dotzel, (c) ways to enhance the quality, utility, Common or Usual Names for Catfish; and clarity of the information to be Availability; Correction Associate Commissioner for Policy. [FR Doc. 02–5666 Filed 3–8–02; 8:45 am] collected; and (d) ways to minimize the AGENCY: burden of the collection of information Food and Drug Administration, BILLING CODE 4160–01–P HHS. on respondents, including the use of ACTION: Notice; correction. automated collection techniques or DEPARTMENT OF HEALTH AND other forms of information technology. SUMMARY: The Food and Drug HUMAN SERVICES Administration (FDA) is correcting a Proposed Project: Health Education notice that appeared in the Federal Health Resources and Services Assistance Loan (HEAL) Program: Register of February 6, 2002 (67 FR Administration Lender’s Application for Insurance 5604). The document announced the Claim Form and Request for Collection availability of a document entitled Agency Information Collection Assistance Form (OMB No. 0915– ‘‘Guidance for Industry; Implementation Activities; Proposed Collection; 0036)—Extension of Section 755 of the Agriculture, Rural Comment Request Development, Food and Drug The HEAL program ensures the Administration, and Related Agencies In compliance with the requirement availability of funds for loans to eligible Appropriations Act of 2002, Pub. L. for opportunity for public comment on students who desire to borrow money to 107–76, § 755 (2001) Regarding proposed data collection projects pay for their educational costs. The Common or Usual Names for Catfish.’’ (section 3506(c)(2)(A) of Title 44, United HEAL lenders use the Lenders The document was inadvertently States Code, as amended by the Application for Insurance Claim to published without the mailing address Paperwork Reduction Act of 1995, request payment from the Federal for the Dockets Management Branch. Public Law 104–13), the Health Government for federally insured loans This document corrects that error. Resources and Services Administration lost due to borrowers death, disability, FOR FURTHER INFORMATION CONTACT: (HRSA) publishes periodic summaries bankruptcy, or default. The Request for Doris B. Tucker, Office of Policy (HF– of proposed projects being developed Collection Assistance form is used by 27), Food and Drug Administration, for submission to the Office of HEAL lenders to request federal 5600 Fishers Lane, Rockville, MD Management and Budget under the assistance with the collection of 20857, 301–827–7010. Paperwork Reduction Act of 1995. To delinquent payments from HEAL In FR Doc. 02–2753, appearing on request more information on the borrowers. page 5604 in the Federal Register of proposed project or to obtain a copy of The burden estimates are as follows:
Responses Hours per re- Form Number of re- per respond- Total re- sponse Total burden spondents ent sponses (minutes) hours
Lender’s Application for Insurance Claim ...... 20 75 1,500 30 750 Request for Collection Assistance ...... 20 1,260 25,200 10 4,208
Total Burden ...... 20 ...... 4,958
Send comments to Susan G. Queen, DEPARTMENT OF HEALTH AND Public Law 104–13), the Health Ph.D., HRSA Reports Clearance Officer, HUMAN SERVICES Resources and Services Administration Room 11–05, Parklawn Building, 5600 (HRSA) publishes periodic summaries Fishers Lane, Rockville, MD 20857. Health Resources and Services of proposed projects being developed Written comments should be received Administration for submission to the Office of within 60 days of this notice. Management and Budget under the Agency Information Collection Paperwork Reduction Act of 1995. To Dated: March 4, 2002. Activities: Proposed Collection: request more information on the Jane M. Harrison, Comment Request proposed project or to obtain a copy of Director, Division of Policy Review and the data collection plans and draft Coordination. In compliance with the requirement instruments, call the HRSA Reports [FR Doc. 02–5667 Filed 3–8–02; 8:45 am] for opportunity for public comment on Clearance Officer on (301) 443–1129. BILLING CODE 4165–15–P proposed data collection projects Comments are invited on: (a) Whether (section 3506(c)(2)(A) of title 44, United the proposed collection of information States Code, as amended by the is necessary for the proper performance Paperwork Reduction Act of 1995, of the functions of the Agency,
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including whether the information shall Proposed Project: Health Professions essential for assuring that borrowers are have practical utility; (b) the accuracy of Student Loan (HPSL) Program and aware of rights and responsibilities that the Agency’s estimate of the burden of Nursing Student Loan (NSL) Program schools know the history and status of the proposed collection of information; Administrative Requirements each loan account that schools pursue (c) ways to enhance the quality, utility, (Regulations and Policy)(OMB No. aggressive collection efforts to reduce and clarity of the information to be 0915–0047)—Revision default rates and that they maintain collected; and (d) ways to minimize the adequate records for audit and burden of the collection of information The regulations for the Health assessment purposes. Schools are free to on respondents, including the use of Professions Student Loan (HPSL) use improved information technology to automated collection techniques or Program and Nursing Student Loan manage the information required by the (NSL) Program contain a number of other forms of information technology. regulations. reporting and recordkeeping The estimated total annual burden is requirements for schools and loan 34,558 hours. The burden estimates are applicants. The requirements are as follows:
RECORDKEEPING REQUIREMENTS
Number of record- Total burden Regulatory/section requirements keepers Hours per year hours
HPSL Program: 57.206(b)(2), Documentation of Cost of Attendance ...... 275 1.17 322 57.208(a), Promissory Note ...... 275 1.25 344 57.210((b)(1)(i), Documentation of Entrance Interview ...... 275 1.25 344 57.210(b)(1)(ii), Documentation of Exit Interview ...... * 302 0.33 100 57.215(a)&(d), Program Records ...... * 302 10 3,020 57.215(b), Student Records ...... * 302 10 3,020 57.215(c), Repayment Records ...... * 302 18.75 5,663 HPSL Subtotal ...... 302 ...... 12,813 NSL Program: 57.306(b)(2)(ii), Documentation of Cost of Attendance ...... 347 0.3 104 57.308(a), Promissory Note ...... 347 0.5 174 57.310(b)(1)(i), Documentation of Entrance Interview ...... 347 0.5 174 57.310(b)(1)(ii), Documentation of Exit Interview ...... * 607 0.17 103 57.315(a)(1)&(a)(4), Program Records ...... * 607 5 3,035 57.315(a)(2), Student Records ...... * 607 1 607 57.315(a)(3), Repayment Records ...... * 607 2.5 1,518 NSL Subtotal ...... 607 ...... 5,715 * Includes active and closing schools.
REPORTING REQUIREMENTS
Number of Responses per Total annual Hours per Regulatory/section requirements respondents respondent responses response Total hour burden
HPSL Program: 57.205(a)(2), Excess Cash ...... Burden included under 0915–0044 and 0915–0045 57.206(a)(2), Student Financial Aid Transcript ...... 3,750 1 3,750 .25 938 57.208(c), Loan Information Dis- closure ...... 275 68.73 18,900 .0833 1,574 57.210(a)(3), Deferment Eligi- bility ...... Burden included under 0915–0044 57.210(b)(1)(i), Entrance Inter- view ...... 275 68.73 18,900 .0167 3,156 57.210(b)(1)(ii), Exit Interview .... * 302 12 3,624 0.5 1,812 57.210(b)(1)(iii), Notification of Repayment ...... * 302 30.83 9,310 0.167 1,555 57.210(b)(1)(iv), Notification Dur- ing Deferment ...... * 302 24.32 7,344 0.0833 612 57.210(b)(1)(vi), Notification of Delinquent Accounts ...... * 302 10.28 3,104 0.167 518 57.210(b)(1)(x), Credit Bureau Notification ...... * 302 8.03 2,425 0.6 1,455 57.210(b)(4)(i), Write-off of Uncollectible Loans ...... 20 1.00 20 0.5 10 57.211(a) Disability Cancellation 8 1 8 .75 6 57.215(a) Reports ...... Burden included under 0915–0044 57.215(a)(2), Administrative Hearings ...... 0 0 0 0 0 57.215(a)(d), Administrative Hearings ...... 0 0 0 0 0 HPSL Subtotal ...... 4,052 ...... 67,385 ...... 8,796 NSL Program:
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REPORTING REQUIREMENTS—Continued
Number of Responses per Total annual Hours per Regulatory/section requirements respondents respondent responses response Total hour burden
57.305(a)(2), Excess Cash ...... Burden included under 0915–0044 and 0915–0046 57.306(a)(2), Student Financial Aid Transcript ...... 2,250 1 2,250 0.25 563 57.310(b)(1)(i), Entrance Inter- view ...... 347 23.51 8,157 0.167 1,362 57.310(b)(1)(ii), Exit Interview .... * 607 3.77 2,288 0.5 1,144 57.301(b)(1)(iii), Notification of Repayment ...... * 607 6.18 3,751 0.167 626 57.310(b)(1)(iv), Notification Dur- ing Deferment ...... * 607 0.65 395 0.083 33 57.310(b)(1)(vi), Notification of Delinquent Accounts ...... * 607 4.61 2,798 0.167 467 57.310(b)(1)(x), Credit Bureau Notification ...... * 607 8.3 5,038 0.6 3,023 57.310(b)(4)(i), Write-off of Uncollectible Loans ...... 20 1.0 20 0.5 10 57.311(a), Disability Cancellation 7 1.0 7 0.8 5.6 57.312(a)(3), Evidence of Edu- cational Loans ...... Inactive Provision 57.315(a)(1), Reports ...... Burden included under 0915–044 57.315(a)(1)(ii), Administrative Hearings ...... 0 0 0 0 0 57.316(a)(d), Administrative Hearings ...... 0 0 0 0 0 NSL Subtotal ...... 2,857 ...... 24,704 ...... 7,234 * Includes active and closing schools.
Send comments to Susan G. Queen, days to allow additional time for public FOR FURTHER INFORMATION CONTACT: Jan Ph.D., HRSA Reports Clearance Officer, review of this draft recovery plan that C. Knight, Chief, Endangered Species Room 11–05, Parklawn Building, 5600 includes the endangered San Francisco Division, Sacramento Fish and Wildlife Fishers Lane, Rockville, MD 20857. lessingia (Lessingia germanorum) and Office, 2800 Cottage Way, Room W– Written comments should be received Raven’s manzanita (Arctostaphylos 2605, Sacramento, California 95825. within 60 days of this notice. hookeri ssp. ravenii). The portion of the Phone: (916) 414–6600. Dated: March 4, 2002. plan dealing with Raven’s manzanita is SUPPLEMENTARY INFORMATION: Jane M. Harrison, a revision of the 1984 Raven’s Manzanita Recovery Plan. Additional Background Director, Division of Policy Review and Restoring endangered or threatened Coordination. species of concern that will benefit from recovery actions taken for these plants animals and plants to the point where [FR Doc. 02–5668 Filed 3–8–02; 8:45 am] are also discussed in the draft recovery they are again secure, self-sustaining BILLING CODE 4165–15–P plan. The draft plan includes recovery members of their ecosystems is a criteria and measures for San Francisco primary goal of the Service’s lessingia and Raven’s manzanita. endangered species program. To help DEPARTMENT OF THE INTERIOR guide the recovery effort, the Service is DATES: Comments on the draft recovery working to prepare recovery plans for Fish and Wildlife Service plan must be received on or before May most of the listed species native to the 6, 2002. Extension of Comment Period on the United States. Recovery plans describe ADDRESSES: Draft Recovery Plan for Coastal Plants Copies of the draft recovery actions considered necessary for the of the Northern San Francisco plan are available for inspection, by conservation of the species, establish Peninsula appointment, during normal business criteria for downlisting or delisting hours at the following location: U.S. listed species, and estimate time and AGENCY: U.S. Fish and Wildlife Service, Fish and Wildlife Service, Sacramento cost for implementing the recovery Interior. Fish and Wildlife Office, 2800 Cottage measures needed. ACTION: Extension of comment period. Way, W–2605, Sacramento, California The Endangered Species Act of 1973, (telephone (916) 414–6600); and U.S. as amended (16 U.S.C. 1531 et seq.) SUMMARY: We, the U.S. Fish and Fish and Wildlife Service, Regional (Act), requires the development of Wildlife Service (Service), announce the Office, Ecological Services, 911 N.E. recovery plans for listed species unless extension of the comment period for the 11th Ave., Eastside Federal Complex, such a plan would not promote the public review of the Draft Recovery Plan Portland Oregon 97232–4181 (telephone conservation of a particular species. for Coastal Plants of the Northern San (503) 231–6131). Requests for copies of Section 4(f) of the Act as amended in Francisco Peninsula for an additional 60 the draft recovery plan and written 1988 requires that public notice and an days from the date of publication of this comments and materials regarding this opportunity for public review and notice in the Federal Register. The plan should be addressed to Wayne S. comment be provided during recovery original comment period was to close on White, Field Supervisor, Ecological plan development. The Service will March 4, 2002. We are extending the Services, at the above Sacramento consider information presented during comment period for an additional 60 address. the public comment period prior to
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approval of each new or revised its historically associated species of 2002, and from 8 a.m. to 5 p.m. on June recovery plan. Substantive technical local serpentine outcrops. The 20, 2002. comments may result in changes to the objectives of this recovery plan are to ADDRESSES: The meeting will be held at plan. Substantive comments regarding delist San Francisco lessingia and to the Yurok Tribal office, Highway 96, recovery plan implementation may not downlist Raven’s manzanita through Weitchpec, CA. necessarily result in changes to the implementation of a variety of recovery FOR FURTHER INFORMATION CONTACT: Phil recovery plan, but will be forwarded to measures including (1) Protection and Detrich, Project Leader, U.S. Fish and appropriate Federal or other entities so restoration of a series of ecological Wildlife Service, 1829 South Oregon that they can take these comments into reserves (often with mixed recreational Street, Yreka, California 96097, account during the course of and conservation park land uses); (2) telephone (530) 842–5763. implementing recovery actions. promotion of population increases of SUPPLEMENTARY INFORMATION: For Individual responses to comments will San Francisco lessingia and Raven’s background information on the Task not be provided. manzanita within these sites, or San Francisco lessingia and Raven’s Force, please refer to the notice of their reintroducion of them to restored sites; initial meeting that appeared in the manzanita are restricted to the San (3) management of protected sites, Francisco peninsula in San Francisco Federal Register on July 8, 1987 (52 FR especially the extensive eradication or 25639). County, California. San Francisco suppression of invasive dominant non- lessingia, an annual herb in the aster native vegetation; (4) research; and (5) Dated: March 4, 2002. family, is restricted to coastal sand public participation, outreach and John Engbring, deposits. Raven’s manzanita is a rare education. Acting Manager, California/Nevada evergreen creeping shrub in the heath Operations Office, Sacramento, California. family which was historically restricted Public Comments Solicited [FR Doc. 02–5687 Filed 3–8–02; 8:45 am] to few scattered serpentine outcrops. The Service solicits written comments BILLING CODE 4310–55–P Habitat loss, adverse alteration of on the recovery plan described. All ecological processes, and invasion of comments received by the date specified non-native plant species threaten San above will be considered prior to DEPARTMENT OF THE INTERIOR Francisco lessingia. Raven’s manzanita approval of this plan. Fish and Wildlife Service has also been threatened by habitat loss; Authority: The authority for this action is primary current threats include invasion section 4(f) of the Endangered Species Act, Notice of Meeting of the Klamath River of non-native vegetation and fungal 16 U.S.C. 1533(f). pathogens. The draft plan also makes Basin Fisheries Task Force Dated: March 4, 2002. reference to several other federally Duane K. McDermond, AGENCY: Fish and Wildlife Service, listed species which are ecologically Interior. associated with San Francisco lessingia Deputy Manager, California/Nevada ACTION: Notice of meeting. and Raven’s manzanita, but which are Operations Office, Sacramento, California. treated comprehensively in other [FR Doc. 02–5689 Filed 3–8–02; 8:45 am] SUMMARY: Pursuant to section 10(a)(2) of recovery plans. These species are beach BILLING CODE 4310–55–P the Federal Advisory Committee Act (5 layia (Layia carnosa), Presidio clarkia U.S.C. App. I), this notice announces a (Clarkia franciscana), Marin dwarf-flax meeting of the Klamath River Basin DEPARTMENT OF THE INTERIOR (Hesperolinon congestum), Myrtle’s Fisheries Task Force, established under silverspot butterfly (Speyere zerene Fish and Wildlife Service the authority of the Klamath River Basin myrtleae), and bay checkerspot butterfly Fishery Resources Restoration Act (16 (Euphydryas editha bayensis). In Notice of Meeting of the Klamath River U.S.C. 460ss et seq.). The meeting is addition, 16 plant species of concern Basin Fisheries Task Force open to the public. The purpose of the and 17 plant species of local or regional meeting is to continue providing conservation significance are considered AGENCY: Fish and Wildlife Service, recommendations from the affected in this recovery plan. Interior. interests to the Department of the The draft recovery plan stresses re- ACTION: Notice of meeting. Interior on implementation of their establishing dynamic, persistent SUMMARY: Pursuant to section 10(a)(2) of program to restore anadromous populations of San Francisco lessingia fisheries, including salmon and and Raven’s manzanita within plant the Federal Advisory Committee Act (5 U.S.C. App. I), this notice announces a steelhead, of the Klamath River in communities which have been restored California and Oregon. to be as ‘‘self-sustaining’’ as possible meeting of the Klamath River Basin DATES: The Klamath River Basin within urban wildland reserves. Fisheries Task Force, established under Fisheries Task Force (Task Force) will Specific recovery actions for San the authority of the Klamath River Basin meet from 9 a.m. to 5 p.m. on October Francisco lessingia focus on the Fishery Resources Restoration Act (16 16, 2002, and from 8 a.m. to 5 p.m. on restoration and management of large, U.S.C. 460ss et seq.). The meeting is October 17, 2002. dynamic mosaics of coastal dune areas open to the public. The purpose of the supporting shifting populations within meeting is to continue providing ADDRESSES: The meeting will be held at the species’ narrow historic range. recommendations from the affected the Shilo Inn, 2500 Almond Street, Recovery of Raven’s manzanita may interests to the Department of the Klamath Falls, OR. include, but may not be limited to, the Interior on implementation of their FOR FURTHER INFORMATION CONTACT: Phil strategy of the 1984 Raven’s Manzanita program to restore anadromous Detrich, Project Leader, U.S. Fish and Recovery Plan, which emphasized the fisheries, including salmon and Wildlife Service, 1829 South Oregon stabilization of the single remaining steelhead, of the Klamath River in Street, Yreka, California 96097, genetic individual. The draft plan also California and Oregon. telephone (530) 842–5763. recommends re-establishing multiple DATES: The Klamath River Basin SUPPLEMENTARY INFORMATION: For sexually reproducing populations of Fisheries Task Force (Task Force) will background information on the Task Raven’s manzanita in association with meet from 9 a.m. to 5 p.m. on June 19, Force, please refer to the notice of their
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initial meeting that appeared in the Tribe’s main accounts. In December The 60-day comment period on the Federal Register on July 8, 1987 (52 FR 1991, the Tribe eliminated one account National Historic Landmark listed 25639). and combined the section 602 funds below has ended and the boundary Dated: March 4, 2002. (principal, cash, dividends, and interest) documentation has been approved. John Engbring, into its main investment account. Copies of the documentation of the At the time of the July 12, 1996 landmark and its boundaries, including Acting Manager, California/Nevada disbursement of $180,000 for the Operations, Sacramento, California. maps, may be obtained from the Shriner’s Building purchase, the National Register of Historic Places, [FR Doc. 02–5688 Filed 3–8–02; 8:45 am] remaining accumulated amount of National Park Service, 1849 C Street, BILLING CODE 4310–55–P section 602 funds and the dividends Northwest, Suite NC 400, Washington, and interest of those funds, was D.C. 20240, Attention: Sarah Pope DEPARTMENT OF THE INTERIOR $212,169.65. (phone: 202–343–9536; e-mail: An analysis of the accumulation of [email protected]). interest and dividends on section 602 Bureau of Indian Affairs Grant-Kohrs National Historic funds was completed by KPMG, L.L.P., Landmark Determination of Trust Land a public accounting firm. The analysis Acquisition procedures included tracing balances Deer Lodge, Powell County, Montana from bank account statements, testing Designated a Landmark on December AGENCY: Bureau of Indian Affairs, the appropriateness of the allocation of 19, 1960 Interior. interest and dividends to section 602 Carol D. Shull, ACTION: Notice. funds and other funds deposited in the Chief of the National Historic Landmarks SUMMARY: The Bureau of Indian Affairs main account, tracing the use of the Survey and Keeper of the National Register; (BIA) is publishing this notice to section 602 funds to purchases and sell National Register, History and Education. provide notification of the securities, and the mathematical [FR Doc. 02–5705 Filed 3–8–02; 8:45 am] accuracy of the analysis. KMPG ‘‘found determination that public Law 98–602 BILLING CODE 4310–70–P land settlement claim funds were used that the computations were appropriate to purchase trust land in Kansas City, and that the ending value that resulted Kansas for the Wyandotte Tribe of from the initial $100,000 investment DEPARTMENT OF THE INTERIOR Oklahoma (Tribe). was $121,170 at the time of the land purchase.’’ The analysis and findings National Park Service FOR FURTHER INFORMATION CONTACT: were presented to the Tribe in a George T. Skibine, Director, Office of November 26, 2001 letter from KPMG. National Register of Historic Places; Indian Gaming Management, Bureau of Notification of Pending Nominations Indian Affairs 1849 C Street NW, MS– Determination 2070 MIB, Washington, DC 20240; by The Secretary of the Interior has Nominations for the following telephone at (202) 219–4066 (this is not determined that the funds used to properties being considered for listing a toll-free number); or by telefax at (202) purchase the Shriner’s Property in in the National Register were received 273–3153. Kansas City, Kansas were from the by the National Park Service before SUPPLEMENTARY INFORMATION: This section 602 settlement of specific land February 16, 2002. Pursuant to § 60.13 notice is published in exercise of claims. The Secretary affirms that trust of 36 CFR part 60 written comments authority delegated to the Assistant status of the subject lands. concerning the significance of these Secretary—Indian Affairs by 209 DM 8 properties under the National Register Dated: February 22, 2002. and in accordance with 5 U.S.C. 2, 9, criteria for evaluation may be forwarded 2710. Neal A. McCaleb, by United States Postal Service, to the Assistant Secretary—Indian Affairs. National Register of Historic Places, Background [FR Doc. 02–5760 Filed 3–8–02; 8:45 am] National Park Service, 1849 C St. NW., The statutory authority for the BILLING CODE 4310–4N–M NC400, Washington, DC 20240; by all Wynadotte Tribe’s acquisition of the other carriers, National Register of Kansas City tract (Shriner’s Building) is Historic Places, National Park Service, Public Law 98–602, 98 Stat. 3149, DEPARTMENT OF THE INTERIOR 800 N. Capitol St.NW, Suite 400, enacted on October 30, 1984. It Washington DC 20002; or by fax, 202– National Park Service expressly provides that ‘‘$100,000 of 343–1836 . Written or faxed comments such funds shall be used for the National Register of Historic Places; should be submitted by March 26, 2002. purchase of real property which shall be Notice on NHL Boundaries held in trust by the Secretary for the Carol D. Shull, Tribe.’’ Public Law 98–602 § 105(b)(1). The National Park Service has been Keeper of the National Register of Historic When section 602 funds were received working to establish boundaries for all Places. by Wyandotte Tribe of Oklahoma, the National Historic Landmarks for which ARKANSAS Tribe purchased $100,000 of mortgage no specified boundary was identified at obligation bonds on May 14, 1986. the time of designation and therefore are Garland County Interest and bond dividend earnings without a clear delineation of the Orange Street Presbyterian Church, 428 were retained in an existing cash property involved. Orange St., Hot Springs, 02000259 account. As bonds were redeemed and In accordance with the National Greene County additional bonds purchased, the funds Historic Landmark program regulations 36 CFR 65, the National Park Service Highfill—McClure House, 701 W. Highland flowed through the cash account, which St., Paragould, 02000260 contained other tribal monies. notifies owners, public officials and Beginning in 1989 the Tribe held an other interested parties and gives them Pope County investment account which paid some an opportunity to comment on the Pottsville Citizen’s Bank, 156 E. Ash St., dividends and interests directly to the proposed boundary documentation. Pottsville, 02000261
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COLORADO NORTH CAROLINA NEBRASKA Denver County Stanly County Otoe County Dickinson Branch Library, 1545 Hooker St., Downtown Albemarle Historic District, Little Nemaha River Bridge (Highway Bridges Denver, 02000262 Portions of S. 2nd, W. Main and N. and S. in Nebraska MPS), Co. Rd. over the Little 1st Sts., Albemarle, 02000275 Nemaha R., 3 mi. NW of Syracuse, Phillips County Syracuse, 92000723 TEXAS Shirley Hotel, 101 S. Colorado Ave., Haxtun, 02000263 Harris County [FR Doc. 02–5704 Filed 3–8–02; 8:45 am] FLORIDA Sam Houston Hotel, 1119 Prairie St., BILLING CODE 4310–70–P Houston, 02000276 Hillsborough County VERMONT North Franklin Street Historic District, DEPARTMENT OF THE INTERIOR Roughly bounded by Florida Ave., E. Caledonia County National Park Service Fortune, Tampa, Franklin and E. Harrison Ricker Pond State Park (Historic Park Sts., Tampa, 02000264 Landscapes in National and State Parks National Register of Historic Places; Palm Beach County MPS), 526 State Forest Rd., Groton, Notification of Pending Nominations 02000277 Evans, J.B., House, 142 S. Ocean Bvd., Delray Stillwater State Park (Historic Park Beach, 02000265 Landscapes in National and State Parks Nominations for the following properties being considered for listing Polk County MPS), 126 Boulder Beach Rd., Groton, 02000278 in the National Register were received Interlaken Historic Residential District by the National Park Service before (Winter Haven, Florida MPS), Roughly Lamoille County February 23, 2002. bounded by N. Shore Lake Howard, SW. Elmore State Park (Historic Park Landscapes Pursuant to § 60.13 of 36 CFR Part 60 Shore Lake Mirror and Cannon-Howard in National and State Parks MPS), 856 VT Canal, Winter Haven, 02000266 12, Elmore, 02000279 written comments concerning the significance of these properties under LOUISIANA Orange County the National Register criteria for Bossier Parish Allis State Park (Historic Park Landscapes in evaluation may be forwarded by United Bossier City Municipal Building, 630 National and State Parks MPS), RR 2, Box States Postal Service, to the National Barksdale Rd., Bossier City, 02000267 192, Brookfield, 02000280 Register of Historic Places, National Park Service, 1849 C St. NW, NC400, East Baton Rouge Parish Windsor County Washington, DC 20240; by all other Coolidge State Park (Historic Park Dufrocq School, 330 S. 19th St., Baton Rouge, carriers, National Register of Historic 02000268 Landscapes in National and State Parks MPS), 855 Coolidge State Park Rd., Places, National Park Service, 800 N. East Feliciana Parish Plymouth, 02000281 Capitol St. NW, Suite 400, Washington DC 20002; or by fax, 202–343–1836 . Clear Creek AME Church, Approx. 1⁄2 mi. S. Wilgus State Park, of Jct. LA 961 and LA 432, Felixville, Written or faxed comments should be (Historic Park Landscapes in National and 02000269 submitted by March 26, 2002. State Parks MPS), 3985 US Route 5, MARYLAND Weatherfield, 02000282 Paul R. Lusignan, Acting Keeper of the National Register of Washington County WEST VIRGINIA Historic Places. Maryland Heights, Spur Battery (Harpers Jefferson County Ferry National Historical Park MPS), COLORADO Bollman—Wernwag—Latrobe Bridge Hoffmaster Rd., Sandy Hook, 02000286 (Harpers Ferry National Historical Park Denver County MISSOURI MPS), Confluence Potomac and Photography and Armament School Shenandoah Rs., Harpers Ferry, 02000287 Buildings, Lowry Air Force Base, 125 and St. Louis Independent City 130 Rampart Way and 7600 East First WISCONSIN Moloney Electric Company Building, 1141– Place, Denver, 02000288 1151 S. 7th St., Saint Louis, 02000270 Fond Du Lac County Morgan County Cole, William I, House, 303 Gillett St., Fond NEBRASKA Morgan County Courthouse and Jail, 225 du Lac, 02000283 Clay County Ensign and 218 West Kiowa, Fort Morgan, Kewaunee County 02000289 Inland School (School Buildings in Nebraska MPS), Jct. NWC East Ave. and Edison St., Major Wilbur Fr. Browder (tugboat), Harbor Pitkin County Park, Kilbourn St., Kewaunee, 02000284 Inland, 02000271 Ute Cemetery, Ute Ave., Aspen, 02000291 Outagamie County Douglas County Weld County Barteau Bridge, N. of WI 187 crossing of Ackerhurst—Eipperhurst Dairy Barn, 15220 Nettleton—Mead House, 1303 9th Ave., Shioc R., Bovina, 02000285 Military Rd., Bennington, 02000272 Greeley, 02000290 A request for REMOVAL has been made for Wayne County the following resource: GEORGIA Wayne Municipal Auditorium, 222 N. Pearl NEBRASKA Cherokee County St., Wayne, 02000273 Douglas County Canton Cotton Mills No. 2, 200 Ball Ground NEW JERSEY Hwy., Canton, 02000293 Jobbers’ Canyon Historic District, Roughly Monmouth County bounded by Farnum, Eighth, Jackson, and Thomas County Camp Evans Historic District, 2201 Marconi Tenth Sts. Omaha, 86003408 Paradise Park Historic District (Boundary Rd. (Wall Township), New Bedford, A request for a MOVE has been made for Increase), 502 S. Broad St., Thomasville, 02000274 the following resource: 02000292
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IOWA VIRGINIA WISCONSIN Polk County Fluvanna County Fond Du Lac County Evans, Edward B. and Nettie E., House, 1410 Laughton, VA 623, Kents Store, 02000318 Ebert, Rudolph and Louise, House, 199 E. 19th St., Des Moines, 02000294 Western View, VA 658, Fork Union, Division St., Fond du Lac, 02000327 LOUISIANA 02000320 [FR Doc. 02–5706 Filed 3–8–02; 8:45 am] BILLING CODE 4310–70–P Pointe Coupee Parish Hanover County Valverda Plantation House, 2217 LA 977, Spring Green, 2160 Old Church Rd., Maringouin, 02000297 Mechanicsville, 02000316 DEPARTMENT OF THE INTERIOR Tensas Parish Northampton County Bureau of Reclamation Fish and Waterproof High School, Main St., bet. Almshouse Farm at Machipongo, 12402 Wildlife Service Church Ln. and Mississippi St., Lankford Hwy., Machipongo, 02000317 Waterproof, 02000296 Brown’s, James, Dry Goods Store, 16464 Imperial Irrigation District Water MICHIGAN Courthouse Rd., Eastville, 02000321 Conservation and Transfer Project, Draft Habitat Conservation Plan, Cass County Southampton County California [INT–DES–01–44], Notice of First Methodist Episcopal Church of Aspen Lawn, 4438 Hiscksford Rd., Public Hearings Pokagon, 60041 Vermont St., Pokagon Drewryville, 02000319 Township, 02000295 AGENCIES: Bureau of Reclamation and Washington County NEVADA Fish and Wildlife Service, Interior. Pitts, Dr. William H., House, 247 E. Main St., ACTION: Notice of public hearings. Lander County Abingdon, 02000322 SUMMARY: Pursuant to the National Toquima Cave, Humboldt—Toiyabe National WASHINGTON Forest, Austin, 02000298 Environmental Policy Act of 1969, as Cowlitz County amended (NEPA), and the Council on NEW YORK Modrow Bridge (Bridges and Tunnels Built Environmental Quality’s Regulations for Chenango County in Washington State, 1951–1960 MPS) Implementing the Procedural Provisions Upperville Meeting House, NY 80, Modrow Rd. over Kalama R., Kalama, of NEPA, on January 18, 2002, the Upperville, 02000307 02000310 Bureau of Reclamation (Reclamation) filed a draft environmental impact Delaware County King County report/environmental impact statement Van Benschoten House and Guest House, Foss River Bridge (Bridges and Tunnels Built (EIR/EIS) on Imperial Irrigation Margaretville Mountain Rd., Margaretville, in Washington State, 1951–1960 MPS) Jack District’s (IID) proposed Water 02000302 Bird Rd. No. 89440 over Foss R., Conservation and Transfer Project, Draft Dutchess County Skykomish, 02000312 Habitat Conservation Plan (HCP). The Mt. Si Bridge (Bridges and Tunnels Built in Beth David Synagogue, E. Main St., Amenia, Fish and Wildlife Service (Service) is a 02000308 Indian Rock Schoolhouse, Washington State, 1951–1960 MPS) Mount cooperating agency in the preparation of Mygatt Rd., Amenia, 02000306 Si Rd. over Middle Fork of the Snoqualmia this EIR/EIS (pursuant to 40 CFR R., North Bend, 02000324 Genesee County 1501.6). Stossel Bridge (Bridges and Tunnels Built in Under the proposed project, IID Batavia Cemetery, Harvester Ave., Batavia, Washington State, 1951–1960 MPS), NE would conserve and transfer the right to 02000309 Carnation Farm Rd. over Snoqualmie R., use up to 300,000 acre-feet per year of Monroe County Carnation, 02000325 Colorado River water, which IID is First Presbyterian Church of Mumford, Klickitat County otherwise entitled to divert for use within IID’s water service area in George and William Sts., Mumford, B–Z Corner Bridge (Bridges and Tunnels 02000299 Built in Washington State, 1951–1960 Imperial County, California. The Montgomery County MPS), B–Z Corner—Glenwood Rd. over conserved water would be transferred to White Salmon River, B–Z Corner, San Diego County Water Authority, Enlarged Double Lock No. 33 Old Erie Canal, Coachella Valley Water District and/or Towpath Rd., St. Johnsville, 02000315 02000314 The Metropolitan Water District. These Queens County Skagit County transfers, which are to remain in effect Long Island Motor Parkway, Roughly Alley Dalles Bridge (Bridges and Tunnels Built in for up to 75 years, would facilitate Pond and Cunningham Parks, bet. Washington State, 1951–1960 MPS), efforts to reduce California’s diversion Winchester Blvd. and Clearview Concrete Sauk Valley Rd. across the Skagit of Colorado River water in normal years Expressway, bet. 73rd Ave. and Peck Ave., R., Concrete, 02000323 to its annual 4.4 million acre-feet Queens, 02000301 Rainbow Bridge, Pioneer Parkway over the apportionment. The Secretary of the Saratoga County Swinomish Channel, La Conner, 02000313 Interior is expected to approve the Barker General Store, 1 Military Rd., Beecher Skamania County change in the point of delivery for the transferred water by executing an Hollow, 02000303 Conrad Lundy Jr. Bridge (Bridges and Implementation Agreement, the Tunnels Built in Washington State, 1951– St. Lawrence County environmental impacts of which are First Presbyterian Church of Dailey Ridge, 1960 MPS), Wind River Rd. over Wind River Canyon, Carson, 02000326 disclosed in the ‘‘Implementation 411 Elliot Rd., Potsdam, 02000300 Agreement, Inadvertent Overrun and Tioga County Snohomish County Payback Policy, and Related Federal Evergreen Cemetery, East Ave., bet. Erie St. Red Bridge (Bridges and Tunnels Built in Actions Draft EIS’’ (INT–DES–01–43) and Prospect St., Owego, 02000305 Washington State, 1951–1960 MPS), and the ‘‘Biological Assessment for First Methodist Episcopal Church of Tioga Mountain Loop Hwy. over Stillaguamish Proposed Interim Surplus Criteria, Center, NY 17C, Tioga, 02000304 R., Silverton, 02000311 Secretarial Implementation Agreements
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for California Water Plan Components of the public review and comment threatened. Take of listed fish or and Conservation Measures on the period (see ADDRESSES, below). (The end wildlife is defined under the ESA to Lower Colorado River (Lake Mead to the of the public review and comment include kill, harm, or harass. Harm Southerly International Boundary)’’ period identified in the original notice includes significant habitat modification dated August 30, 2000. In addition, IID of availability (67 FR 3732, Jan. 25, or degradation that actually kills or is applying for a permit with the Service 2002) was in error.) injures listed wildlife by significantly pursuant to section 10(a)(1)(B) of the Oral comments made at the public impairing essential behavioral patterns, Endangered Species Act (ESA). This hearings may address the water including breeding, feeding, and Section 10 permit would authorize the conservation and transfer project and/or sheltering (50 CFR 17.3(c)). Under incidental take of covered species the HCP; they will be limited to 5 limited circumstances, the Service may associated with the proposed water minutes. Time permitting, the meeting issue permits to authorize incidental conservation and transfer project, as facilitator will allow any speaker to take; i.e., take that is incidental to, and well as IID’s ongoing operation and provide additional oral comments after not the purpose of, otherwise lawful maintenance activities. As a condition all persons wishing to comment have activity. Regulations governing of applying for a Section 10 permit, IID been heard. A court reporter will incidental take permits for threatened has developed a HCP in consultation prepare a written record of all and endangered species are found in 50 with the Service and the California comments made; however, commentors CFR 17.32 and 17.22, respectively. Department of Fish and Game, which is are encouraged to provide a written Pursuant to section 10(a)(1)(B) of the appended to the draft EIR/EIS. The HCP copy of their statement. If you would ESA, IID has developed an HCP. The IID provides measures to minimize and like to sign up in advance to provide HCP is intended to address the impacts mitigate the effects of the proposed oral comments, please contact Ms. of the incidental take potentially taking of listed and sensitive species Janice Kjesbo at (602) 216–3864, resulting from the water conservation and the habitats upon which they faxogram (602) 216–4006, by March 29, and transfer project, and ongoing depend. Issuance of a permit pursuant 2002. Hearing impaired, visually operations and maintenance activities. to Section 10(a)(1)(B) is a Federal action impaired, and/or mobility impaired A total of 96 species are proposed for requiring evaluation under NEPA, and persons planning to attend the coverage, including 10 federally-listed implementation of the HCP is addressed meeting(s) may arrange for necessary and two proposed species. A series of in the draft EIR/EIS. Additional accommodations by contacting Ms. strategies have been developed to information regarding the HCP is Kjesbo no later than March 15, 2002. address impacts in the drain, desert, provided in SUPPLEMENTARY ADDRESSES: The hearings will be held at tamarisk scrub, agricultural, and Salton INFORMATION, below. The analysis in the the following locations: Sea habitats. Specific strategies have draft EIR/EIS is intended to inform the • La Quinta*—IID Board Room, 81– been developed for the Burrowing Owl, public of the proposed action and 600 Ave. 58, La Quinta, California desert pupfish, and razorback sucker. alternatives; address public comments 92253. The strategies include the creation of received during the scoping period; • El Centro*—IID Auditorium, 1284 freshwater marsh and native tree disclose the direct, indirect, and Broadway, El Centro, California 92243. habitat, worker education programs, cumulative environmental effects of the • San Diego—San Diego County timing restrictions on some covered proposed action and each of the Water Authority Board Room, 4677 activities, and research efforts to alternatives; and indicate any Overland Ave., San Diego, California identify more specifically the needs of irreversible commitment of resources 92123. some covered species in order to avoid, that would result from implementation (*) A Spanish interpreter will be minimize, and mitigate the impacts of of the proposed action. present. the incidental take. The draft EIR/EIS Public hearings have been scheduled Written comments regarding the evaluates the impacts of implementing to receive written or verbal comments adequacy of the document will continue the HCP. It is anticipated that IID will be on the draft EIR/EIS from interested to be accepted until April 26, 2002, to submitting its Incidental Take Permit organizations and individuals on the Mr. Bruce Ellis, Chief, Environmental Application in the near future. Upon environmental impacts of the proposed Resources Management Division, receipt of the application package, the project and implementation of the HCP. Bureau of Reclamation, Phoenix Area Service will publish a separate notice in DATES: Public hearings are scheduled to Office (PXAO–1500), PO Box 81169, Phoenix, AZ 85069–1169, fax number the Federal Register announcing the be held to receive written or oral receipt of the application and the draft (602) 216–4006; or Mr. Elston Grubaugh, comments about the draft EIR/EIS from Implementing Agreement, and their Manager, Resource Planning and interested organizations and availability for public review. individuals, on the adequacy with Management Department, Imperial Comments received on the draft EIR/ which the draft EIR/EIS identifies and Irrigation District, PO Box 937, Imperial, EIS become part of the public record describes the potential impacts CA 92251, fax number (760) 339–9009. associated with this action. associated with approving and FOR FURTHER INFORMATION CONTACT: Accordingly, Reclamation makes these implementing the proposed Federal Questions regarding the draft EIR/EIS comments, including names and home actions. The hearings will be held on: should be directed to Mr. Ellis at the addresses of respondents, available for • April 2, 2002, 5 p.m., in La Quinta*, Phoenix Area Office address provided public review. Individual respondents California. above, or telephone (602) 216–3854. For may request that we withhold their • April 3, 2002, 5 p.m., in El Centro*, information related to the HCP, please home address from public disclosure, California. contact Ms. Carol Roberts at the which we will honor to the extent • April 4, 2002, 5 p.m., in San Diego, Carlsbad Fish and Wildlife Service allowable by law. There also may be California. office, telephone (760) 431–9440. circumstances in which we would (*) A Spanish interpreter will be SUPPLEMENTARY INFORMATION: Section 9 withhold a respondent’s identity from present. of the ESA and Federal regulation public disclosure, as allowable by law. Written comments will continue to be prohibit the ‘‘take’’ of fish and wildlife If you wish us to withhold your name accepted until April 26, 2002, the end species listed as endangered or and/or address, you must state this
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prominently at the beginning of your 750, Requirements for surface coal ADDRESSES: Office of Information and comment. However, we will not mining and reclamation operations on Regulatory Affairs, Office of consider anonymous comments. We Indian Lands; and 30 CFR part 877, Management and Budget, Attention: will make all submissions from Rights of entry. OSM is requesting a 3- Department of Interior Desk Officer, 725 organizations or businesses, and from year term of approval for each 17th Street, NW., Washington, DC individuals identifying themselves as information collection activity. 20503. Also, please send a copy of your representatives or officials of An agency may not conduct or comments to John A. Trelease, Office of organizations or businesses, available sponsor, and a person is not required to Surface Mining Reclamation and for public disclosure in their entirety. respond to, a collection of information Enforcement, 1951 Constitution Ave, Dated: February 26, 2002. unless it displays a currently valid OMB NW., Room 210—SIB, Washington, DC control number. The OMB control Willie Taylor, 20240, or electronically to numbers for these collections of [email protected]. Director, Office of Environmental Policy and information are 1029–0091 for part 750, Compliance. Dated: February 19, 2002. and 1029–0055 for part 877. Richard G. Bryson, [FR Doc. 02–5776 Filed 3–8–02; 8:45 am] As required under 5 CFR 1320.8(d), a BILLING CODE 4310–MN–P Federal Register notice soliciting Chief, Division of Regulatory Support. comments for these collections of [FR Doc. 02–5669 Filed 3–8–02; 8:45 am] information was published on December BILLING CODE 4310–05–M DEPARTMENT OF THE INTERIOR 21, 2001 (66 FR 246). No comments Office of Surface Mining Reclamation were received. This notice provides the and Enforcement public with an additional 30 days in DEPARTMENT OF JUSTICE which to comment on the following Notice of Proposed Information information collection activities: Notice of Lodging of Consent Decree Collection Title: Requirements for surface coal Under the Comprehensive mining and reclamation operations on Environmental Response, AGENCY: Office of Surface Mining Indian Lands—30 CFR part 750. Compensation, and Liability Act Reclamation and Enforcement. OMB Control Number: 1029–0091. Notice is hereby given that on ACTION: Summary: Operators who conduct or Notice and request for February 14, 2002, a proposed consent propose to conduct surface coal mining comments. decree in United States v. Kenneth H. and reclamation operations on Indian Hunter, Jr., et al., Civil No. 97–9449 SUMMARY: In compliance with the lands must comply with the CAS (RZx), was lodged with the United Paperwork Reduction Act of 1995, the requirements of 30 CFR 750 pursuant to States District Court for the Central Office of Surface Mining Reclamation Section 710 of SMCRA. and Enforcement (OSM) is announcing Bureau Form Number: None. District of California. that the information collection requests Frequency of Collection: Once. This consent decree represents a for the titles described below have been Description of Respondents: settlement of claims brought against forwarded to the Office of Management Applicants for coal mining permits. Kenneth H. Hunter, Jr., Hunter and Budget (OMB) for review and Total Annual Responses: 75. Resources, and Casmalia Resources comment. The information collection Total Annual Burden Hours: 1,400. (‘‘defendants’’) relating to the Casmalia requests describe the nature of the Title: Rights of Entry—30 CFR part Resources Hazardous Waste Disposal information collections and the 877. Site (‘‘Site’’) located near Casmalia, expected burden and cost for 30 CFR OMB Control Number: 1029–0055. California. The United States alleged in parts 750 and 877. Summary: This regulation establishes its complaint that the defendants owned and/or operated the Site and seeks the DATES: OMB has up to 60 days to procedures for non-consensual entry approve or disapprove the information upon private lands for the purpose of recovery of response costs incurred and collections but may respond after 30 abandoned mine land reclamation to be incurred related to the Site days. Therefore, public comments activities or exploratory studies when pursuant to the Comprehensive should be submitted to OMB by April the landowner refuses consent or is not Environmental Response, 10, 2002, in order to be assured of available. Compensation, and Liability Act, 42 consideration. Bureau Form Number: None. U.S.C. 9601 et seq. Frequency of Collection: Once. The consent decree requires the FOR FURTHER INFORMATION CONTACT: To Description of Respondents: State defendants to pay $6.957 million and request a copy of either information abandoned mine land reclamation imposes limitations on property owned collection request, explanatory agencies. by Casmalia Resources. The defendants information and related form, contact Total Annual Responses: 20. also waive any claim that they may have John A. Trelease at (202) 208–2783, or Total Annual Burden Hours: 20. to the Casmalia Closure/Post-Closure electronically to [email protected]. Send comments on the need for the Trust Fund, which is currently valued SUPPLEMENTARY INFORMATION: OMB collections of information for the in excess of $13 million. The consent regulations at 5 CFR 1320, which performance of the functions of the decree also provides protection to implement provisions of the Paperwork agency; the accuracy of the agency’s certain peripheral parties. Reduction Act of 1995 (Pub. L. 104–13), burden estimates; ways to enhance the The Department of Justice will require that interested members of the quality, utility and clarity of the receive, for a period of sixty (60) days public and affected agencies have an information collections; and ways to from the date of this publication, opportunity to comment on information minimize the information collection comments relating to the consent collection and recordkeeping activities burdens on respondents, such as use of decree. Comments should be addressed [see 5 CFR 1320.8(d)]. OSM has automated means of collections of the to the Assistant Attorney General, submitted two requests to OMB to information, to the following addresses. Environment and Natural Resources renew its approval of the collections of Please refer to the appropriate OMB Division, P.O. Box 7611, U.S. information contained in: 30 CFR part control numbers in all correspondence. Department of Justice, Washington, DC
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20044–7611, and should refer to United total coliform bacteria and E. coli date of this publication. Comments States v. Kenneth H. Hunter, Jr., et al., bacteria (i.e., fecal coliform), present in should be addressed to the Assistant DOJ Ref. 90–7–1–611D. A copy of all and likely to enter a public water system Attorney General, Environment and comments should also be sent to owned and/or operated by the Muros Natural Resources Division, P.O. Box Bradley R. O’Brien, U.S. Department of may have presented an imminent and 7611, U.S. Department of Justice, Justice, Environment and Natural substantial endangerment to the health Washington, DC 20044–7611, and Resources Division, Environmental of persons who were or might have been should refer to United States v. Arturo Enforcement Section, 301 Howard users of the public water system, C. Muro and Manuela B. Muro, Case No. Street, Suite 1050, San Francisco, CA because the public water system and the 00cv1484– B(POR), DOJ Ref. No. 90–5– 94105. A public hearing will also be accompanying wastewater system 1–1–07113. A copy of all comments also scheduled on this proposed settlement. suffered from serious deficiencies which should be sent to Peter J. Sholl, The consent decree may be examined were a likely source of contamination of Assistant U.S. Attorney, Office of the at U.S. EPA Region 9, 75 Hawthorne the water provided by the public water U.S. Attorney, 880 Front Street, Room Street, San Francisco, California. A copy system, and because EPA had 6293, San Diego, California 92101. of the consent decree may also be determined that the directives contained The consent decree may be examined obtained by mail from the Consent in the Emergency Administrative Order at the Office of the United States Decree Library, P.O. Box 7611, U.S. were necessary in order to protect the Attorney, 880 Front Street, Room 6293, Department of Justice, Washington, DC health of persons who were or might San Diego, California 92101, and at the 20044–7611. In requesting a copy, have been users of the public water United States Environmental Protection please refer to United States v. Kenneth system. The complaint sought: (1) Agency, Region IX, 75 Hawthorne H. Hunter, Jr., et al. Civil No. 97–9449 Enforcement of the Emergency Street, San Francisco, California 94105. CAS (RZx), DOJ Ref. 90–7–1–611D, and Administrative Order; (2) assessment of A copy of the consent decree may also enclose a check in the amount of $72.25 civil penalties for repeated and be obtained by mail from the Consent (25 cents per page reproduction cost) continuing violations of the Emergency Decree Library, P.O. Box 7611, U.S. payable to the Consent Decree Library. Administrative Order; and (3) abatement Department of Justice, Washington, DC 20044–7611, or by faxing a request to Ellen M. Mahan, of conditions that presented an imminent and substantial endangerment Tonia Fleetwood at facsimile number Assistant Chief, Environmental Enforcement (202) 514–0097, telephone confirmation Section, Environment and Natural Resources to the health of persons who were or Division. might have been users of the Muros’ number (202) 514–1547. In requesting a copy, please refer to United States v. [FR Doc. 02–5671 Filed 3–8–02; 8:45 am] public water system. The proposed consent decree requires Arturo C. Muro and Manuela B. Muro, BILLING CODE 4410–15–M the Muros to, among other things: (1) Case No. 00cv1484–B(POR), DOJ Ref. Refrain from operating or allowing any No. 90–5–1–1–07113, and enclose a DEPARTMENT OF JUSTICE other individual or entity to operate any check in the amount of $8.25 (25 cents public water system, as that term is per page reproduction cost) payable to Notice of Lodging of Consent Decree defined in the SDWA, or providing or the U.S. Treasury. allowing any other individual or entity Under Safe Drinking Water Act Ellen M. Mahan, to provide water by any means, at the In accordance with Departmental Muro’s trailer park for any purpose until Assistant Section Chief, Environmental Enforcement Section. Policy, 28 CFR 50.7, notice is hereby EPA grants written permission in given that on February 22, 2002, a accordance with the terms of the [FR Doc. 02–5672 Filed 3–8–02; 8:45 am] proposed consent decree in United consent decree; (2) take all necessary BILLING CODE 4410–15–M States v. Arturo C. Muro and Manuela actions to ensure that third parties do B. Muro, Case No. 00cv1484–B(POR) not interfere with the operation of any DEPARTMENT OF JUSTICE was lodged with the United States public water system that EPA may District Court for the Southern District authorize the Muros to operate at the Notice of Lodging of Consent Decree of California. Muros’ trailer park pursuant to the Pursuant to the Comprehensive This consent decree represents a consent decree; (3) take all necessary Environmental Response, settlement of claims brought against actions to ensure that third parties do Compensation, and Liability Act Arturo C. Muro and Manuela B. Muro, not violate, or cause the Muros to in a civil complaint that was filed on violate, any of the terms of the consent In accordance with Departmental July 25, 2000, for violations of the Safe decree; (4) if EPA authorizes the Muros policy, 28 CFR 50.7, notice is hereby Drinking Water Act, 42 U.S.C. 300f to to operate any public water system at given that three proposed consent 300j–26 (the ‘‘SDWA’’), at a trailer park the Muro’s trailer park in accordance decrees in United States v. Quemetco, that is owned and operated by the with the terms of the consent decree, the Inc., et al., Civil Action No. CV–02– Muros in the County of San Diego, Muros shall thereafter comply with all 225–C, were lodged on January 31, California. The complaint alleged that applicable requirements of the SDWA, 2002, with the United States District the Muros failed to comply with a its implementing regulations, and Court for the Western District of Finding Of Imminent And Substantial certain other requirements set forth in Washington. The consent decrees Endangerment To The Health Of the consent decree; (5) pay a stipulated require the defendants Quemetco, Inc., Persons And Administrative Order civil penalty of $500.00 for past BFI Waste Systems of North America, (Docket No. PWS–EO–99–004) (the violations of the Emergency Inc., and the University of Washington, ‘‘Emergency Administrative Order’’) Administrative Order; and (6) pay to compensate the trustees for natural that the United States Environmental stipulated civil penalties for each future resource damages at the Tualip Landfill Protection Agency (‘‘EPA’’) had issued violation of any requirement or deadline Superfund Site, which consist of the on May 21, 1999, pursuant to the of the consent decree. State of Washington Department of SDWA, 42 U.S.C. 300i(a). EPA had The Department of Justice will receive Ecology, the Tulalip Tribes of issued the Emergency Administrative comments relating to the consent decree Washington, the National Oceanic and Order because contaminants, including for a period of thirty (30) days from the Atmospheric Administration of the
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United States Department of Commerce, (‘‘NESHAP’’), 40 CFR part 63, subparts lodged with the United States District and the United States Department of G and H; the National Emissions Court for the Southern District of Texas. Interior, for natural resource damages at Standards for Hazardous Air Pollutants In this action the United States sought the Tualip Landfill Superfund Site that for Source Categories, 40 CFR part 61, injunctive relief and civil penalties have resulted from the release of subpart M, relating to asbestos related to the natural gas pipeline hazardous substances at the Site. Under (‘‘asbestos NESHAP’’), and for violations owned and operated by the consent decrees Quemetco will pay of the Texas Air Quality Control $39, 839 for natural resource damages, Regulations, 30 TAC §§ 115.10–149, at Transcontinental Gas Pipe Line Corp. BFI Waste Systems of North America its chemical manufacturing facility in (Transco) which stretches from Texas to will pay $37, 981, and the University of Houston, Texas. The Consent Decree New York. In the Complaint, the United Washington will pay $39, 139. provides for TPC’s payment of a civil States seeks injunctive relief and civil The Department of Justice will penalty to the United States in the penalties pursuant to Resource receive, for a period of thirty (30) days amount of $113,750 dollars, and Conservation and Recovery Act (RCRA) from the date of this publication, requires TPC to bring its facility into Section 3008(a), (g), and (h), 42 U.S.C. comments relating to the proposed compliance with the Texas Air Quality 6928(a), (g), and (h); Clean Water Act consent decrees. Comments should be Control Regulations, by installing (CWA) section 301(a), 33 U.S.C. 1311(a); addressed to the Assistant Attorney control equipment consisting of internal and Toxic Substances Control Act General for the Environment and floating roofs on Tanks 77, 78 and 79. (TSCA) sections 6 and 17, 15 U.S.C. Natural Resources Division, Department The Department of Justice will 2605 and 2616. The United States of Justice, Washington, DC 20530, and receive, for a period of thirty (30) days resolves these claims in the proposed should refer to United States v. from the date of this publication, Consent Decree which also requires Quemetco, Inc., et al., DOJ Ref. #90–11– comments relating to the proposed Transco to perform corrective action 3–1412/9. Consent Decree. Comments should be consisting of soil and groundwater The proposed consent decrees may be addressed to Thomas L. Sansonetti, cleanup of hazardous wastes along its examined at the office of the United Assistant Attorney General for the pipeline; perform PCB cleanup work; States Attorney, 101 Fifth Avenue, Environment and Natural Resources Seattle WA 98104. A copy of the Division, PO Box 7611, United States complete a stormwater discharge proposed consent decrees may also be Department of Justice, Washington, DC monitoring program; and pay a civil obtained by mail from the Consent 20044–7611, and should refer to United penalty of $1.4 million. Decree Library, PO Box 7611, U.S. States v. Texas Petrochemical The Department of Justice will receive Department of Justice, Washington, DC Corporation, DOJ Ref. #90–5–2–1– comments relating to the Consent 20044–7611 or by faxing a request to 06816. Decree for a period of thirty (30) days Tonia Fleetwood, fax no. (202) 514– The proposed Consent Decree may be from the date of this publication. 0097, phone confirmation number (202) examined at the office of the United Comments should be addressed to the 514–1547. In requesting a copy, please States Attorney, Southern District of Assistant Attorney General, enclose a check in the amount of $5.00 Texas, 911 Travis Street, Suite 1500, Environment and Natural Resources (25 cents per page reproduction cost) Houston, Texas 77208; and the Region Division, PO Box 7611, U.S. Department payable to the U.S. Treasury. VI Office of the Environmental of Justice, Washington, DC 20044–7611, Protection Agency, 1445 Ross Avenue, and should refer to United States v. Robert E. Maher, Jr., Dallas, Texas. A copy of the Consent Transcontinental Gas Pipe Line Corp., Assistant Chief, Environmental Enforcement Decree may also be obtained by mail Section, Environment and Natural Resources No. H–02–0387 (S.D. Tex.), D.J. Ref. 90– from the Consent Decree Library, PO Division. Box 7611, United States Department of 7–1–909. [FR Doc. 02–5754 Filed 3–8–02; 8:45 am] Justice, Washington, DC 20044–7611. In The Consent Decree may be examined BILLING CODE 4410–01–M requesting a copy please refer to the at the Office of the United States referenced case and enclose a check in Attorney for the Southern District of DEPARTMENT OF JUSTICE the amount of $4.00 (25 cents per page Texas, 910 Travis, Suite 1500, Houston, reproduction costs), payable to the TX 77002, and at the Enforcement and Notice of Lodging of Consent Decree Consent Decree Library. Compliance Docket Information Center, Pursuant to the Oil Pollution Act of Catherine R. McCabe, U.S. Environmental Protection Agency, 1990 Deputy Chief, Environmental Enforcement Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW., In accordance with Departmental Section, Environment and Natural Resources Washington, DC 20004. A copy of the policy, notice is hereby given that a Division. proposed Consent Decree in United [FR Doc. 02–5756 Filed 3–8–02; 8:45 am] Consent Decree may also be obtained by States v. Texas Petrochemicals BILLING CODE 4410–15–M mail from the Consent Decree Library, Corporation, Civil Action H–00–3555, PO Box 7611, U.S. Department of was lodged on December 11, 2001, with Justice, Washington, DC 20044–7611 or the United States District Court for the DEPARTMENT OF JUSTICE by faxing a request to Tonia Fleetwood, Southern District of Texas. fax no. (202) 514–0097, phone Notice of Lodging of Consent Decree confirmation number (202) 514–1547. In this action the United States sued Under the Resource Conservation and When requesting a full copy with all Texas Petrochemicals Corporation Recovery Act, Toxic Substances exhibits, please enclose a check in the pursuant to section 113 of the Clean Air Control Act, and Clean Water Act Act (‘‘CAA’’), 42 U.S.C. 7413, for TPC’s amount of $85.25 (25 cents per page violations of the Standards of Under 28 CFR 50.7, notice is hereby reproduction cost) payable to the U.S. Performance for New Stationary Sources given that on February 1, 2002, a Treasury. When requesting a copy (‘‘NSPS’’), 40 CFR part 60, subparts A proposed Consent Decree in United without exhibits, please enclose a check and Db, the National Emission States v. Transcontinental Gas Pipe Line in the amount of $16.25 (25 cents per Standards for Hazardous Air Pollutants Corp., Civil Action No. H–02–0387 was
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page reproduction cost) payable to the fax no. (202) 514–0097, phone DEPARTMENT OF LABOR U.S. Treasury. confirmation number (202) 514–1547. In requesting a copy, please enclose a Employment and Training Thomas Mariani, check in the amount of $6.25 (25 cents Administration Assistant Chief, Environmental Enforcement per page reproduction cost) payable to Section, Environment and Natural Resources the U.S. Treasury. Investigations Regarding Certifications Division. of Eligibility To Apply for NAFTA [FR Doc. 02–5753 Filed 3–8–02; 8:45 am] Robert Brook, Transitional Adjustment Assistance BILLING CODE 4410–15–M Assistant Section Chief, Environmental Enforcement Section, Environment and Petitions for transitional adjustment Natural Resources Division. assistance under the North American DEPARTMENT OF JUSTICE [FR Doc. 02–5755 Filed 3–8–02; 8:45 am] Free Trade Agreement-Transitional BILLING CODE 4410–15–M Adjustment Assistance Implementation Notice of Lodging of Consent Decree Act (Pub. L. 103–182), hereinafter called Under the Clean Air Act (NAFTA–TAA), have been filed with State Governors under Section 250(b)(1) Notice is hereby given that on DEPARTMENT OF JUSTICE of Subchapter D, Chapter 2, Title II, of February 1, 2002, a proposed Consent Antitrust Division the Trade Act of 1974, as amended, are Decree (‘‘Decree’’) in United States v. identified in the Appendix to this Williams Field Services Company and Notice Pursuant to The National Notice. Open notice from a Governor Williams Gas Processing Company, Inc., Cooperative Research and Production that a NAFTA–TAA petition has been Civil Action No. 02–B–0199, was lodged Act of 1993—New Productivity received, the Director of the Division of with the United States District Court for Initiative, Inc. Trade Adjustment Assistance (DTAA), the District of Colorado. The action was Employment and Training filed pursuant section 113(b) of the Notice is hereby given that, on Administration (ETA), Department of Clean Air Act (the ‘‘Act’’), 42 U.S.C. January 16, 2002, pursuant to section Labor (DOL), announces the filing of the 7413(b). The action concerns 6(a) of the National Cooperative petition and takes action pursuant to modifications of the so-called Ignacio Research and Production Act of 1993, paragraphs (c) and (e) of section 250 of Plant, a natural gas processing plant 15 U.S.C. 4301 et seq. (‘‘the Act’’), New the Trade Act. located on privately owned fee land Productivity Initiative, Inc. has filed situated within the exterior boundaries written notifications simultaneously The purpose of the Governor’s actions of the Southern Ute Indian Reservation with the Attorney General and the and the Labor Department’s near Durango, Colorado, consisting of Federal Trade Commission disclosing investigations are to determine whether the installation of two dehydrators changes in its membership status. The the workers separated from employment allegedly in violation of the Act’s notifications were filed for the purpose on or after December 8, 1993 (date of Prevention of Significant Deterioration of extending the Act’s provisions enactment of Pub. L. 103–182) are (‘‘PSD’’) program. Pursuant to the terms limiting the recovery of antitrust eligible to apply for NAFTA–TAA under of the settlement the Companies are plaintiffs to actual damages under Subchapter D of the Trade Act because required to pay a civil penalty of specified circumstances. Specifically, of increased imports from or the shift in $951,139 and obtain a PSD permit from Cadance Design Systems, Chelmsford, production to Mexico or Canada. EPA for those sources. MA; and Compaq Computer The petitioners or any other persons The Department of Justice will receive Corporation, Houston, TX have been showing a substantial interest in the comments relating to the proposed added as parties to this venture. subject matter of the investigations may Consent Decree for a period of thirty No other changes have been made in request a public hearing with the (30) days from the date of this either the membership or planned Director of DTAA at the U.S. publication. Comments should be activity of the group research project. Department of Labor (DOL) in addressed to the Assistant Attorney Membership in this group research Washington, DC provided such request General, Environment and Natural project remains open, and New if filed in writing with the Director of Resources Division, Department of Productivity Initiative, Inc. intends to DTAA not later than March 21, 2002. Justice, and sent to the Denver Field file additional written notification Also, interested persons are invited to Office, 999 18th Street, Suite 945NT, disclosing all changes in membership. submit written comments regarding the subject matter of the petitions to the Denver, CO 80202, and should refer to On October 4, 2001, New Productivity Director of DTAA at the address shown United States v. Williams Field Services Initiative, Inc. filed its original below not later than March 21, 2002. Company et al., D.J. Ref. 90–5–2–1– notification pursuant to section 6(a) of Petitions filed with the Governors are 06938/1. the Act. available for inspection at the Office of The Decree may be examined at the The Department of Justice published the Director, DTAA, ETA, DOL, Room offices of the EPA Library, EPA Region a notice in the Federal Register C–5311, 200 Constitution Avenue, NW., VIII, located at 999 18th Street, First pursuant to section 6(b) of the Act on Washington, DC 20210. Floor, Denver, Colorado 80202. A copy December 5, 2001 (66 FR 63259). of the Decree may also be obtained by Signed at Washington, DC this 28th day of mail from the Consent Decree Library, Constance K. Robinson, February 2002. PO Box 7611, U.S. Department of Director of Operations, Antitrust Division. Edward A. Tomchick, Justice, Washington, DC 20044–7611 or [FR Doc. 02–5757 Filed 3–8–02; 8:45 am] Director, Division of Trade Adjustment by faxing a request to Tonia Fleetwood, BILLING CODE 4410–11–M Assistance.
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APPENDIX
Date re- ceived at Subject firm Location Governor’s Petition number Articles produced office
Corning Cable (Wkrs) ...... Hickory, NC ...... 01/02/2002 NAFTA–5,735 fiber optic cable. Solon Manufacturing (Co.) ...... Skowhegan, ME ...... 01/16/2002 NAFTA–5,736 ice cream sticks. Harsco Corp.—Heckett Multiserv (Wkrs) Whiting, IN ...... 01/15/2002 NAFTA–5,737 steel. Drexel Heritage Furnshings (Co.) ...... Drexel, NC ...... 01/22/2002 NAFTA–5,738 residential furniture. Shield Acquisition—Coldwell Moser (Co.) New Albany, IN ...... 01/22/2002 NAFTA–5,739 saddle skirting. Rem Electronics Supply (Co.) ...... El Paso, TX ...... 01/22/2002 NAFTA–5,740 distributed electronics parts. Western Power Products (Co.) ...... Hood River, OR ...... 01/14/2002 NAFTA–5,741 fiberglass enclosures. Cannon County Knitting Mills (Wkrs) ...... Smithville, TN ...... 01/22/2002 NAFTA–5,742 knit wearing apparel. Zeeland Chemical—Cambrex Corp. Zeeland, MI ...... 01/22/2002 NAFTA–5,743 chemicals. (Wkrs). Haworth (Wkrs) ...... Haworth, MI ...... 01/22/2002 NAFTA–5,744 chairs. Gold Toe Brands (Co.) ...... Bally, PA ...... 01/18/2002 NAFTA–5,745 men and women’s socks. Loranger Manufacturing (Co.) ...... Warren, PA ...... 01/18/2002 NAFTA–5,746 apparel. Park Hannifin (Wkrs) ...... Reading, PA ...... 01/28/2002 NAFTA–5,747 repair multi spindle screw machines. J and E International Sales (Co.) ...... El Paso, TX ...... 01/18/2002 NAFTA–5,748 sales/distribution of copper tubing. Goodyear Dunlop Tires N.A. (USWA) ...... Huntsville, AL ...... 01/18/2002 NAFTA–5,749 radial passenger and light truck tires. Telex Communications (Wkrs) ...... Buchanan, MI ...... 01/28/2002 NAFTA–5,750 audio service. Goodyear Tire and Rubber (USWA) ...... East Gadsden, AL ...... 01/15/2002 NAFTA–5,751 radial passenger tires and hummer. Cascade General (Co.) ...... Portland, OR ...... 01/07/2002 NAFTA–5,752 pump shafts. Salem Oil and Grease (Co.) ...... Salem, MA ...... 01/16/2002 NAFTA–5,753 leather softness, waxes and greases. Polariod Corporation (Wkrs) ...... Camb, MA ...... 01/17/2002 NAFTA–5,754 film and equipment. Delphi Automotive System (Wkrs) ...... Oak Creek, WI ...... 01/16/2002 NAFTA–5,755 auto body computers phones and serv- ice. AT and T (Co.) ...... Los Angeles, CA ...... 01/07/2002 NAFTA–5,756 phones and service. Wateree Textile (Co.) ...... Lugoff, SC ...... 01/17/2002 NAFTA–5,757 taffata lining fabrics. Bosch Rexroth Croporation (IAMAW) ...... Sturtevant, WI ...... 01/16/2002 NAFTA–5,758 hydraulic pumps, vales, manifolds. Hoffman Enclosures—Pentair (Wkrs) ...... Anoka, MN ...... 01/16/2002 NAFTA–5,759 enclosures. Donaldson Company (Co.) ...... Nicholasville, KY ...... 01/25/2002 NAFTA–5,760 panels, hoppers, fan assemblies. Clear Pine Mouldings (Wkrs) ...... Prineville, OR ...... 01/22/2002 NAFTA–5,761 doors and windows for residentual. JTD, Inc. (Wkrs) ...... Tigard, OR ...... 01/25/2002 NAFTA–5,762 aluminum tooling (castings). Leavitt Communications (Wkrs) ...... Lincolnshire, IL ...... 02/20/2002 NAFTA–5,763 wireless products. J. Dashew, Inc. (Wkrs) ...... Baltimore, MD ...... 11/14/2002 NAFTA–5,764 industrial sewing machine and supplies. Prudential Steel—Maverick Tube (Wkrs) Langview, WA ...... 01/25/2002 NAFTA–5,765 steel. Badger States Tanning (Wkrs) ...... Milwaukee, WI ...... 01/28/2002 NAFTA–5,766 suede leather splits. Huhtamaki Foodservices, Chinet Co. Waterville, ME ...... 01/23/2002 NAFTA–5,767 laminated pulp molded plates. (The) (PACE). Ultrafem, Inc. (Co.) ...... Missoula, MT ...... 01/17/2002 NAFTA–5,768 sanitary protection products. Materials Processing (Co.) ...... Riverview, MI ...... 01/22/2002 NAFTA–5,769 coated axle. Kolenda Tool and Die (Co.) ...... Wyoming, MI ...... 01/23/2002 NAFTA–5,770 injection molds and plastic molded parts. Dillon Yarn (Wkrs) ...... Dillon, SC ...... 01/23/2002 NAFTA–5,771 yarn. Asarco, Inc.—Amarillo Copper Refinery Amarillo, TX ...... 01/23/2002 NAFTA–5,772 copper. (USWA). Superior Milling (Wkrs) ...... Watersmeet, MI ...... 01/23/2002 NAFTA–5,773 green lumber. Xpectra, Inc. (Wkrs) ...... Santa Cruz, CA ...... 01/18/2002 NAFTA–5,774 plastic injection moldings. Printing Arts America (Wkrs) ...... Brisbane, CA ...... 01/22/2002 NAFTA–5,775 printed materials. Blauer Manufacturing—CAM Corp. (Co.) Chatom, AL ...... 01/23/2002 NAFTA–5,776 police outerwear. R.R. Donnelley (Wkrs) ...... Lynchburg, VA ...... 01/22/2002 NAFTA–5,777 catalogs. Tyco Electronics (Wkrs) ...... Georgetown, KY ...... 01/23/2002 NAFTA–5,778 wiring harnesses and cable. Brunswick Foreign Trade Zone (Wkrs) .... Brunswick, GA ...... 01/23/2002 NAFTA–5,779 paper products. AG Simpson Automotive Systems (UAW) Sterling Heights, MI ..... 01/24/2002 NAFTA–5,780 automotive bumper assemblies. Pak-Mor Manufacturing (Wkrs) ...... San Antonio, TX ...... 01/28/2002 NAFTA–5,781 front loader body shell. Allegro Microsystems (Wkrs) ...... Willow Grove, PA ...... 01/28/2002 NAFTA–5,782 integrated circuits. Maska U.S. (Co.) ...... Williston, VT ...... 01/28/2002 NAFTA–5,783 hockey apparel. Ferraz Shawmut (Co.) ...... Newburyport, MA ...... 01/24/2002 NAFTA–5,784 electrical fuses. Symbol Technologies (Wkrs) ...... Houston, TX ...... 01/23/2002 NAFTA–5,785 bar code scanners. Flextronics Enclosures (Co.) ...... Kingston, PA ...... 01/25/2002 NAFTA–5,786 enclosures (cabinets). Flextronics Enclosures (Wkrs) ...... Smithfield, NC ...... 01/29/2002 NAFTA–5,787 motorola cabinets. United Central Industrial—Blue Ridge Bassett, VA ...... 01/25/2002 NAFTA–5,788 industrial supplies and tools. (Co.). Genelity Corp. (Wkrs) ...... Jessup, PA ...... 01/29/2002 NAFTA–5,789 artificial christmas trees. Owens Illinois (Wkrs) ...... Newburyport, MA ...... 01/14/2002 NAFTA–5,790 plastic containers. L and G Manufacturing (UNITE) ...... Archbald, PA ...... 01/29/2002 NAFTA–5,791 men’s suit and dress pants. TNS Mills (Co.) ...... Rockingham, NC ...... 01/29/2002 NAFTA–5,792 textile yarn. Ferro Corporation (Wkrs ...... Pittsburgh, PA ...... 01/29/2002 NAFTA–5,793 glass enamels, ceramic coatings. Emerson Electric—Daniel Measurement Statesboro, GA ...... 02/04/2002 NAFTA–5,794 turbine and valve product lines. (Co.). Lakemont Mfg. (Co.) ...... Lakemont, GA ...... 01/30/3002 NAFTA–5,795 ladies pants. John Solomon (Co.) ...... Somerville, MA ...... 01/31/2002 NAFTA–5,796 textiles, pockets etc. Engelhand Corporation (Wkrs) ...... McLntyre, GA ...... 01/30/2002 NAFTA–5,797 mined kaolin.
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APPENDIX—Continued
Date re- ceived at Subject firm Location Governor’s Petition number Articles produced office
Oxford Slacks (Co.) ...... Monroe, GA ...... 01/30/2002 NAFTA–5,798 men’s slacks. Aalfs Manufacturing (Co.) ...... Texarkana, AR ...... 02/04/2002 NAFTA–5,799 denim bottoms, jeans, shorts. FDB, Inc. (Co.) ...... Lincolnton, GA ...... 02/04/2002 NAFTA–5,800 men’s and ladies jackets. Associated Spring—Barnes Group (Co.) Dallas, TX ...... 02/04/2002 NAFTA–5,801 power brake and return springs. Justin Brands (Co.) ...... Ft. Worth, TX ...... 02/04/2002 NAFTA–5,802 boots. Optek Technology (Wkrs) ...... Carrollton, TX ...... 01/30/2002 NAFTA–5,803 automotive plastic parts. R.G. Barry (Co.) ...... Laredo, TX ...... 01/30/2002 NAFTA–5,804 slipper components. GeoComm Corporation (Co.) ...... El Paso, TX ...... 01/30/2002 NAFTA–5,805 digital telecommunication services. Accuride (Wkrs) ...... Columbia, TN ...... 01/25/2002 NAFTA–5,806 light truck wheel. Angelica Corporation (Wkrs) ...... Savannah, TN ...... 01/30/2002 NAFTA–5,807 health care garments. Forth, Inc.—Altex, Inc. (Co.) ...... Charlotte, NC ...... 02/04/2002 NAFTA–5,808 knitted cotton. Haworth, Inc.—Myrtle Mueller (Co.) ...... Chadbourn, NC ...... 01/30/2002 NAFTA–5,809 file cabinet, tables. Sanmina, Inc. (Wkrs) ...... Clinton, NC ...... 01/28/2002 NAFTA–5,810 metal. Thomson Multimedia (Wkrs) ...... Indianapolis, IN ...... 02/05/2002 NAFTA–5,811 test equipment. 3M Bedford Park (Co.) ...... Bedford Park, IL ...... 02/05/2002 NAFTA–5,812 paper, film and foil pressure. CHF Industries (Wkrs) ...... Loris, SC ...... 02/05/2002 NAFTA–5,813 bedding. Tyco International (Co.) ...... Arab, AL ...... 02/04/2002 NAFTA–5,814 motor controls. Angelica Corporation (Wkrs) ...... Collinwood, TN ...... 02/04/2002 NAFTA–5,815 hospital apparel. Mitel Network—Network Access Solutions Ogdensburg, NY ...... 02/01/2002 NAFTA–5,816 printed circuit board. (Wkrs). parker Hannifin (Co.) ...... Sanasota, FL ...... 02/01/2002 NAFTA–5,817 valves. S–B Power Tool (Co.) ...... Walnut Ridge, AR ...... 02/04/2002 NAFTA–5,818 sanders, grinders, hammers. Seagate US LLC (Wkrs) ...... Oklahoma City, OK ..... 02/01/2002 NAFTA–5,819 hard disc drives. Albany International (Co.) ...... Greenville, SC ...... 01/31/2002 NAFTA–5,820 paper machines. BH Electronics (Wkrs) ...... Marshall, MN ...... 01/31/2002 NAFTA–5,821 transformer. Sims Manufacturing (Co.) ...... Rutland, MA ...... 01/30/2002 NAFTA–5,822 tractor cabs. LeeMah Electronics (Wkrs) ...... San Francisco, CA ...... 01/31/2002 NAFTA–5,823 circuit boards. Uniroyal Goodrich Tire (USWA) ...... Tuscaloose, AL ...... 01/30/2002 NAFTA–5,824 radial passenger tires. Vaapco Group—Novatch Mfg. (Co.) ...... Millers Tavern, VA ...... 01/23/2002 NAFTA–5,825 brake pads. Fruit of the Loom (Wkrs) ...... Jamestown, KY ...... 01/30/2002 NAFTA–5,826 men’s and women’s underware. Carey Industries (Co.) ...... Danbury, CT ...... 01/29/2002 NAFTA–5,827 textile dye. T and K Manufacturing (Co.) ...... Brownstown, PA ...... 01/31/2002 NAFTA–5,828 women’s undergarments. Chambersburg Engineering (Co.) ...... Chambersburg, PA ..... 02/04/2002 NAFTA–5,829 heavy equipment. D and M Tool (Co.) ...... Meadville, PA ...... 02/04/2002 NAFTA–5,830 jigs, dies, fixtures, molds. Champion Part (Wkrs) ...... Beech Creek, PA ...... 02/04/2002 NAFTA–5,831 carburators axles. Pittsburgh Annealing Box (USWA) ...... Pittsburgh, PA ...... 02/04/2002 NAFTA–5,832 annealing inner covers. Tyco Electronics (Wkrs) ...... Carlisle, PA ...... 02/04/2002 NAFTA–5,833 electronic terminals. Emerson Process Brooks Instrument Hatfield, PA ...... 02/04/2002 NAFTA–5,834 sensor winding. (Wkrs). Pabst Brewing (Wkrs) ...... Fogelsville, PA ...... 02/01/2002 NAFTA–5,835 beer and malt beverages. Tyco Electronics (Wkrs) ...... Jacobus, PA ...... 02/05/2002 NAFTA–5,836 electrical connectors. Canto Tool (Co.) ...... Meadville, PA ...... 02/05/2002 NAFTA–5,837 tooling. Philadelphia Mixers (Co.) ...... Palmyra, PA ...... 02/01/2002 NAFTA–5,838 gearing, shafts, etc. Square D (Co.) ...... Oshkosh, WI ...... 02/11/2002 NAFTA–5,839 low voltage transformers & medical panel. McCoy Ellison (Co.) ...... Monroe, NC ...... 02/11/2002 NAFTA–5,840 textile equipment. Biltwell Clothing (UNITE) ...... Farmington, MO ...... 01/30/2002 NAFTA–5,841 garments. Schumacher Electric (Co.) ...... Hoopeston, IL ...... 02/05/2002 NAFTA–5,842 automotive battery chargers. Dale Electronics (Wkrs) ...... Norfolk, NE ...... 02/04/2002 NAFTA–5,843 e-rel, mil-chip. Argus International (Wkrs) ...... Medley, FL ...... 02/06/2002 NAFTA–5,844 pants, shirts and women’s suits. Hale Products (Co.) ...... St. Joseph, TN ...... 02/06/2002 NAFTA–5,845 portable fire pumps. Evy of California (Wkrs) ...... Bakersfield, CA ...... 01/28/2002 NAFTA–5,846 apparel. Bowater (PACE) ...... Coosa Pines, AL ...... 02/07/2002 NAFTA–5,847 pulp and paper. Tee Tease LLC (Azteca)(Wkrs) ...... Commerce, CA ...... 11/07/2001 NAFTA–5,848 print tee shirts. Levolor Kirsch Window Fashions (Co.) .... Westminster, CA ...... 02/06/2002 NAFTA–5,849 wood and faux wood. RHI Refractories America—AP Green Middletown, PA ...... 02/08/2002 NAFTA–5,850 precast refractory shapes. Ind. (Co.). California Joy (Co.) ...... Glendale, CA ...... 02/06/2002 NAFTA–5,851 swimwear. Southwire Company (Co.) ...... Carrollton, GA ...... 02/07/2002 NAFTA–5,852 fuel tanks. Tri Way Mfg. (Wkrs) ...... El Paso, TX ...... 02/07/2002 NAFTA–5,853 injection molds. Smiths Group—Portex, Inc. (Co.) ...... Fort Myers, FL ...... 02/08/2002 NAFTA–5,854 Anesthesia Circuits. Low Complexity Mfg. Group (Co.) ...... Utica, NY ...... 10/25/2002 NAFTA–5,855 fusel assemblies. Black and Decker (Co.) ...... Nashville, TN ...... 02/07/2002 NAFTA–5,856 reconditioning of tools. Tyco Printed Circuit Group (Wkrs) ...... Dallas, OR ...... 02/04/2002 NAFTA–5,857 printed circuit boards. West Point Foundry and Machine (Co.) ... West Point, GA ...... 02/15/2002 NAFTA–5,858 sale, service of textile machinery. Schott Corporation (Co.) ...... Jefferson, MN ...... 02/15/2002 NAFTA–5,859 wire. Arlee Home Fashions (Wkrs) ...... Leachville, AR ...... 02/19/2002 NAFTA–5,860 chairpads and pillows. L.E. Mason Co.—Thomas and Betts (Co.) Boston, MA ...... 02/11/2002 NAFTA–5,861 zinc. Schrader Machine and Tool—SMT Auto Hanover, MI ...... 01/08/2002 NAFTA–5,862 auto parts. (Wkrs).
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APPENDIX—Continued
Date re- ceived at Subject firm Location Governor’s Petition number Articles produced office
Thomas and Betts (Co.) ...... Quakertown, PA ...... 02/15/2002 NAFTA–5,863 application tools. Westwood LLC (Wkrs) ...... Marion, NC ...... 02/12/2002 NAFTA–5,864 cloth. National Steel Pellet (USWA) ...... Keewtin, MN ...... 02/14/2002 NAFTA–5,865 steel pellet. Exide Technologies (Co.) ...... Florence, MS ...... 02/14/2002 NAFTA–5,866 batteries. Tracy Minntronix (Wkrs) ...... Tracy, MN ...... 01/31/2002 NAFTA–5,867 transformers. Alcoa Wheel Products—Reynolds Wheel Lebanon, VA ...... 02/13/2002 NAFTA–5,868 hot forging, re-machining. (Co.). Cherry Automotive (Wkrs) ...... Waukegan, IL ...... 02/22/2002 NAFTA–5,869 electronic components.
[FR Doc. 02–5570 Filed 3–8–02; 8:45 am] scheduling priorities of the key —Living With a Star Update BILLING CODE 4510–30–M participants. Visitors will be requested —Sun-Earth Connection Roadmap and to sign a visitor’s register. Strategic Planning —Discussion and Writing Groups Sylvia K. Kraemer, NATIONAL AERONAUTICS AND Advisory Committee Management Officer, It is imperative that the meeting be SPACE ADMINISTRATION National Aeronautics and Space held on these dates to accommodate the [Notice 02–034] Administration. scheduling priorities of the key [FR Doc. 02–5715 Filed 3–8–02; 8:45 am] participants. Visitors will be requested NASA Advisory Council, Planetary BILLING CODE 7510–01–P to sign a visitor’s register. Protection Advisory Committee; Sylvia K. Kraemer, Meeting Advisory Committee Management Officer, NATIONAL AERONAUTICS AND AGENCY: National Aeronautics and National Aeronautics and Space SPACE ADMINISTRATION Space Administration. Administration. ACTION: Notice of meeting. [Notice 02–035] [FR Doc. 02–5716 Filed 3–8–02; 8:45 am] BILLING CODE 7510–01–P SUMMARY: In accordance with the NASA Advisory Council, Space Federal Advisory Committee Act, Public Science Advisory Committee, Sun- Law 92–463, as amended, the National Earth Connection Advisory NATIONAL AERONAUTICS AND Aeronautics and Space Administration Subcommittee; Meeting SPACE ADMINISTRATION announces a forthcoming meeting of the AGENCY: National Aeronautics and NASA Advisory Council (NAC), [Notice (02–032)] Planetary Protection Advisory Space Administration (NASA). Committee (PPAC). ACTION: Notice of meeting. Notice of Prospective Patent License DATES: Monday, March 18, 2002, 1 p.m. SUMMARY: In accordance with the AGENCY: National Aeronautics and to 5 p.m., Tuesday, March 19, 2002, 8:30 Federal Advisory Committee Act, Public Space Administration. a.m. to 5 p.m. Law 92–463, as amended, the National ACTION: ADDRESSES: NASA Headquarters, Notice of prospective patent Aeronautics and Space Administration license. Conference Room 7H46, 300 E Street, announces a forthcoming meeting of the SW., Washington, DC 20546. NASA Advisory Council, Space Science SUMMARY: NASA hereby gives notice FOR FURTHER INFORMATION CONTACT: Ms. Advisory Committee, Sun-Earth that the Enduro Medical Technology, Marian Norris, Code SB, National Connection Advisory Subcommittee. Inc. of Manchester, Connecticut, has Aeronautics and Space Administration, DATES: Monday, April 1, 2002, 8:30 a.m. applied for a partially exclusive license Washington, DC 20546, 202/358–4452. to 5 p.m.; Tuesday, April 2, 2002, 8:30 to practice the inventions described and SUPPLEMENTARY INFORMATION: The to 5 p.m.; and Wednesday, April 3, 8:30 claimed in: U.S. Patent No. 5,174,590, meeting will be open to the public up a.m. to noon. entitled ‘‘Compliant Walker,’’ and U.S. to the capacity of the room. The agenda ADDRESSES: NASA Headquarters, Patent No. 4,946,421, entitled ‘‘Robot for the meeting includes the following: Conference Room 5H46, 300 E Street, Cable-Compliant Joint,’’ both patents —NASA Planetary Protection Policy SW., Washington, DC 20546. being assigned to the United States of —NASA’s Mars and Solar System FOR FURTHER INFORMATION CONTACT: Ms. America as represented by the Exploration Program Marian Norris, Code SB, National Administrator of the National —Planetary Protection Advisory Aeronautics and Space Administration, Aeronautics and Space Administration. Committee’s Role and Responsibilities Written objections to the proposed grant —Issues in Returned Sample Handling Washington, DC 20546, 202/358–4452. SUPPLEMENTARY INFORMATION: The of a license should be sent to NASA —MUSES–C Mission Goddard Space Flight Center. NASA has —Mars Planetary Protection: Issues and meeting will be open to the public up not yet made a determination to grant Status to the capacity of the room. The agenda —Emerging Issues in Planetary for the meeting includes the following the requested license and may deny the Protection topics: requested license even if no objections are submitted within the comment —Europa and the Outer Planets —Sun-Earth Connection Program period. —Human Exploration Overview: Budget, Ongoing Program, It is imperative that the meeting be Future Activities DATES: Responses to this notice must be held on these dates to accommodate the —Solar Terrestrial Probes Update received by March 26, 2002.
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FOR FURTHER INFORMATION CONTACT: Dated: March 4, 2002. II. Approval of Minutes from the 82nd Diana Cox, Lead Patent Counsel, NASA Paul G. Pastorek, NMSB Meeting Goddard Space Flight Center, Code General Counsel. III. Director’s Report 710.1, Greenbelt, Maryland, 20771. [FR Doc. 02–5714 Filed 3–8–02; 8:45 am] IV. Staff Reports (a) Office of Management and Budget Dated: March 4, 2002. BILLING CODE 7510–01–P (b) Office of Public and Legislative Paul G. Pastorek, Affairs General Counsel. (c) Office of Technology and Research NATIONAL FOUNDATION ON THE [FR Doc. 02–5713 Filed 3–8–02; 8:45 am] (d) Office of Museum Services ARTS AND THE HUMANITIES BILLING CODE 7510–01–P (e) Office of Library Services Meeting of the National Museum V. Special Report on Research Findings Services Board VI. September 11, 2002 NATIONAL AERONAUTICS AND VII. Coming Up Taller program SPACE ADMINISTRATION AGENCY: Institute of Museum and Dated: March 7, 2002. Library Services. Teresa LaHaie, [Notice 02–033] ACTION: Notice of meeting. Administrative Officer, National Foundation on the Arts and Humanities, Institute of SUMMARY: Notice of Prospective Patent License This notice sets forth the Museum and Library Services. agenda of the forthcoming meeting of [FR Doc. 02–5889 Filed 3–7–02; 2:16 pm] AGENCY: the National Museum Services Board. National Aeronautics and BILLING CODE 7036–01–M Space Administration. This notice also describes the function of the board. Notice of this meeting is ACTION: Notice of prospective patent required under the Sunshine in license. Government Act and regulations of the NATIONAL SCIENCE FOUNDATION Institute of Museum and Library SUMMARY: NASA hereby gives notice Services, 45 CFR 1180.84. Business and Operations Advisory that Instrumentation Technology Time/Date: 1:30 p.m.–4:30 p.m. on Committee; Meeting Associates, Inc., having offices in Exton, Friday, March 22, 2002. Pennsylvania, has applied for a partially Status: Open. In accordance with Federal Advisory exclusive license to practice the Address: The Fells Point Room of the Committee Act (Pub. L. 92–463, as amended), the National Science inventions described and claimed in Renaissance Harborplace Hotel, 202 East Foundation announces the following U.S. Patent No. 5,827,531, entitled Pratt Street, Baltimore, MD 21202, (410) meeting: ‘‘Multi-Lamellar, Immiscible Phase 547–1200. Microencapsulation of Drugs’’; U.S. FOR FURTHER INFORMATION CONTACT: Name: Business and Operations Advisory Patent No. 6,099,864, entitled ‘‘INSITU Elizabeth Lyons, Special Assistant to the Committee (9556). Director, Institute of Museum and Date/Time: March 26, 2002; 8:30 a.m. to 5 Activation of Microcapsules’’; U.S. p.m. (EST), March 27, 2002; 8:30 a.m. to 3 Patent No. 6,214,300, entitled Library Services, 1100 Pennsylvania p.m. (EST). ‘‘Microencapsulation and Electrostatic Avenue, NW., Room 510, Washington, Place: National Science Foundation, 4201 Processing Device (MEPS)’’; U.S. Patent DC 20506, (202) 606–4649. Wilson Boulevard, Room 1235, Arlington, No. 6,103,271, entitled SUPPLEMENTARY INFORMATION: The VA. ‘‘Microencapsulation & Electrostatic National Museum Services Board is Type of Meeting: Open. Contact Person: Louise McIntire, National Coating Process’’; pending U.S. patent established under the Museum Services Act, Title II of the Arts, Humanities, and Science Foundation, 4201 Wilson Boulevard, application entitled ‘‘Protein Crystal Arlington, VA 22230 (703) 292–8200. Encapsulation Process,’’ NASA Case No. Cultural Affairs Act of 1976, Public Law Purpose of Meeting: To provide advice MSC–22936–1–SB; pending U.S. patent 94–462. The Board has responsibility for concerning issues related to the oversight, application entitled ‘‘Externally the general policies with respect to the integrity, development and enhancement of Triggered Microcapsules,’’ NASA Case powers, duties, and authorities vested in NSF’s business operations. No. MSC22939–1–SB and pending the Institute under the Museum Services Agenda: continuations, divisional applications, Act. March 26, 2002 and foreign applications corresponding The meeting on Friday, March 22, 2002 will be open to the public. If you AM: Introductions and Updates—Office of to the above-listed cases. Each of the Budget, Finance, and Award Management need special accommodations due to a above-listed patents and patent and Office of Information and Resource disability, please contact: Institute of applications are assigned to the United Management activities; President’s Museum and Library Services, 1100 States of America as represented by the Management Agenda. Pennsylvania Avenue, NW., PM: Presentation and Discussion— Administrator of the National Washington, DC 20506—(202) 606– Management Controls and Audit Findings. Aeronautics and Space Administration. 8536—TDD (202) 606–8636 at least March 27, 2002 Written objections to the prospective seven (7) days prior to the meeting date. grant of a license should be sent to the AM: Discussion—Meet with NSF Deputy Johnson Space Center. Agenda Director; presentation by NSF ‘‘customer’’ panel. DATES: Responses to this notice must be 83rd Meeting of the National Museum PM: Discussion—Planning for next received by March 26, 2002. Services Board at The Renaissance meeting; feedback; other business. Harborplace Hotel, 202 East Pratt Street, Dated: March 5, 2002. FOR FURTHER INFORMATION CONTACT: Baltimore, MD 21202, The Fells Point James Cate, Patent Attorney, NASA Room on Friday, March 22, 2002. Susanne Bolton, Johnson Space Center, Mail Stop HA, Committee Management Officer. Houston, TX 77058–8452; telephone 1:30 p.m.–4:30 p.m. [FR Doc. 02–5707 Filed 3–8–02; 8:45 am] (281) 483–1001. I. Chairman’s Welcome BILLING CODE 7555–01–M
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NATIONAL SCIENCE FOUNDATION policy guidance reiterates NSF’s II. Legal Background longstanding position that in order to Enforcement of Title VI of the Civil avoid discrimination against LEP The Title VI requirement to provide Rights Act of 1964—National Origin persons on the grounds of national meaningful access to LEP persons is not Discrimination Against Persons With origin, recipients must take reasonable new. Section 601 of Title VI of the Civil Limited English Proficiency; Policy steps to ensure that such persons have Rights Act of 1964, 42 U.S.C. Section Guidance meaningful access to the programs, 2000d, et seq. states: ‘‘No person in the United States shall on the ground of AGENCY: National Science Foundation. services, and information those recipients provide, free of charge. race, color or national origin, be ACTION: Notice. excluded from participation in, be I. Background SUMMARY: The National Science denied the benefits of, or be subjected to, discrimination under any program or Foundation (NSF) is publishing policy On August 11, 2000, the President guidance on Title VI’s prohibition activity receiving federal financial issued Executive Order 13166, titled assistance.’’ This is further ordered by against national origin discrimination as ‘‘Improving Access to Services by it affects limited English proficient Executive Order 13166, ‘‘Improving Persons With Limited English Access to Services for Persons With persons. This policy guidance does not Proficiency.’’ 65 FR 50121 (August 16, create new obligations, but rather, Limited English Proficiency,’’ and 2000). On the same day, the Assistant United States Department of Justice clarifies existing Title VI Attorney General for Civil Rights issued responsibilities. The purpose of this Guidance as published in the Federal a Policy Guidance Document, titled Register, Vol. 65, No. 159, August 16, document is to set forth general ‘‘Enforcement of Title VI of the Civil principles for the recipients of NSF 2000. Pursuant to its coordination Rights Act of 1964—National Origin financial assistance to apply when authority over federal enforcement of Discrimination Against Persons With developing services to individuals with Title VI, DOJ addressed in 1976 the Limited English Proficiency’’ limited English proficiency as required circumstances under which recipient/ (hereinafter referred to as ‘‘DOJ LEP by Title VI of the Civil Rights Act of covered entities might be required to Guidance’’), reprinted at 65 FR 50123 1964. provide written language assistance to (August 16, 2000). However, pursuant to LEP persons. See 28 CFR 42.405(d)(1). DATES: This guidance is effective a memorandum issued by the United immediately. Comments must be These regulations ‘‘govern the States Department of Justice on October respective obligations of Federal submitted on or before May 10, 2002. 26, 2001, NSF is republishing this NSF will review all comments and will agencies regarding enforcement of Title guidance and inviting public comment VI.’’ 28 CFR 42.405. Section 42.405(d)(1) determine what modifications to the on the guidance. policy guidance, if any, are necessary. formalized LEP obligations under Title Executive Order 13166 requires VI which were sustained by the ADDRESSES: Interested persons should submit written comments to Office of federal agencies to assess and address Supreme Court in Lau v. Nichols, 414 Equal Opportunity Programs, National the needs of otherwise eligible persons U.S. 563 (1974). Thus, this Guidance Science Foundation, 4201 Wilson Blvd., seeking access to federally conducted draws its authority from Title VI of the Arlington, VA 22230. Comments may programs and activities who, due to Civil Rights Act of 1964, as amended, 42 also be submitted by e-mail to: limited English proficiency, cannot fully U.S.C. 2000d, et seq.; 45 CFR, Part 611 [email protected]. and equally participate in or benefit (NSF’s Title VI Regulations); and 28 from those programs and activities. The CFR 42.401, et seq. (DOJ Title VI FOR FURTHER INFORMATION CONTACT: Ana DOJ LEP Guidance in turn advises each enforcement coordination regulation). Ortiz or Ruth Leichter at the above federal department or agency to ‘‘take Further, this Guidance is issued address or by telephone at 703–292– reasonable steps to ensure ‘meaningful’ pursuant to Executive Order 12250, 8020; TDD: 703–292–9027. access [to LEP individuals] to the reprinted at 42 U.S.C. 2000d, note; Arrangements to receive the policy in an information and services they provide.’’ Executive Order 13166; and is alternative format may be made by DOJ LEP Guidance, 65 FR at 50124. The consistent with the DOJ LEP Guidance. contacting the named individuals. DOJ LEP Guidance goes on to provide III. Purpose and Application Dated: February 19, 2002. that what constitutes reasonable steps to Ana A. Ortiz, ensure meaningful access will be The Title VI regulations prohibit both Director, Office of Equal Opportunity contingent on a number of factors. intentional discrimination and policies Programs, National Science Foundation. Among the factors to be considered are and practices that appear neutral but SUPPLEMENTARY INFORMATION: Title VI of the number or proportion of LEP have a discriminatory effect. Thus, a the Civil Rights Act of 1964, 42 U.S.C. persons in the eligible service recipient entity’s policies or practices 2000d, et seq. and its implementing population, the frequency with which regarding the provision of benefits and regulations provide that no person shall LEP individuals come in contact with services to LEP persons need not be be subjected to discrimination on the the program, the importance of the intentional to be discriminatory, but basis of race, color, or national origin service provided by the program, and may constitute a violation of Title VI if under any program or activity that the resources available to the agency. Id. they have an adverse effect on the receives federal financial assistance. The DOJ LEP Guidance explains that the ability of national origin minorities to The purpose of this policy guidance is identification of ‘‘reasonable steps’’ to meaningfully access programs and to clarify the responsibilities of provide oral and written services in services. Accordingly, it is useful for recipients of federal financial assistance languages other than English is to be recipient entities to examine their from the National Science Foundation determined on a case-by-case basis policies and practices to determine (NSF), and assist them in fulfilling their through a balancing of all four factors. whether they adversely affect LEP responsibilities to limited English As required by Executive Order 13166, persons. This policy guidance provides proficient (LEP) persons pursuant to this policy guidance is consistent with a brief analytical framework consistent Title VI of the Civil Rights Act of 1964 the compliance standards set out in the with the governing Title VI compliance and implementing regulations. The DOJ LEP Guidance. standards set out in the DOJ LEP
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Guidance to assist recipient/covered receive assistance from one or more The entire meeting will be open to entities in conducting such assessments. other federal departments or agencies, public attendance. there is no obligation to conduct and The schedule for this meeting is as IV. Compliance and Enforcement document separate but identical follows: A four-factor analysis is analyses and language assistance plans Tuesday, March 19, 2002 recommended for compliance. Elements for NSF. NSF, in discharging its of an effective language assistance plan compliance and enforcement obligations A. 8:30–9:40 a.m.: Opening to consider are identification of LEP under Title VI, looks to analyses Statement/Planning and Procedures individuals who need language performed and plans developed in (Open)—The Chairman will open the assistance, available language assistance response to similar detailed LEP meeting with brief opening remarks. options, training staff, providing notice guidance issued by other federal The Committee will then review items to LEP persons, and monitoring agencies. Recipients may rely upon under consideration at this meeting and effectiveness and need for guidance issued by those agencies. consider topics proposed for future modifications. It should consist of a In determining a recipient entity’s ACNW meetings. determination of the number or compliance with Title VI, NSF’s B. 10–12:30 p.m.: Update on DOE proportion of eligible individuals with primary concern is to ensure that the Performance Assessment Program LEP who might be excluded from a entity’s policies and procedures (Open)—The Committee will hear a program absent efforts to remove overcome barriers resulting from presentation from DOE on its recent language barriers, their frequency of language differences that would deny performance assessment program contact with the program, the nature LEP persons a meaningful opportunity activities for the proposed repository at and importance of the program (is it to participate in and access programs, Yucca Mountain, NV. vital to your existence?) and the services and benefits. A recipient C. 2–3:30 p.m.: Annual Research resources available. Once it is entity’s appropriate use of the methods Report to the Commission (Open)—The established that a need exists, one or and options discussed in this policy Committee will finalize its annual both of two types of language assistance guidance is viewed by NSF as evidence research report to the Commission. may be appropriate. Oral language of that entity’s willingness to comply D. 3:45–6 p.m.: Preparation for interpretation and/or written material voluntarily with its Title VI obligations. Meeting with the NRC Commissioners translation may be selected as (Open)—The next meeting with the NRC V. English-Only Provision necessary. These factors, plan elements, Commissioners is scheduled to be held and their related compliance standards State and local laws may provide at 9:30 a.m. in the Commissioners’ are discussed in detail in related additional obligations to serve LEP Conference Room, One White Flint guidance documents issued by other individuals, but such laws cannot North on March 20, 2002. The federal agencies. NSF recipients jointly compel recipients of federal financial Committee will review its proposed funded by other federal agencies may assistance to violate Title VI. For presentations. rely upon guidance issued by those instance, given our constitutional agencies. structure, state or local ‘‘English-only’’ Wednesday, March 20, 2002 Recipient entities have considerable laws do not relieve an entity that E. 8:30–8:35 a.m.: Opening Remarks flexibility in determining how to receives federal funding from its by the ACNW Chairman (Open)—The comply with their legal obligation in the responsibilities under federal anti- ACNW Chairman will make opening LEP setting and are not required to use discrimination laws. Entities in states remarks regarding the conduct of the the suggested methods and options and localities with ‘‘English-only’’ laws meeting. listed. However, recipient entities must are certainly not required to accept F. 8:35–9:10 a.m.: Discussion of establish and implement policies and federal funding—but if they do, they Topics for Meeting with the NRC procedures for providing language have to comply with Title VI, including Commissioners (Open)—The Committee assistance sufficient to fulfill their Title its prohibition against national origin will finalize preparations and discuss VI responsibilities and provide LEP discrimination by recipients of federal topics scheduled for the ACNW meeting persons with meaningful access to assistance. Failing to make federally with the NRC Commissioners. services. NSF’s regulations assisted programs and activities G. 9:30–11:30 a.m.: Meeting with the implementing Title VI contain accessible to individuals who are LEP, NRC Commissioners (Open)—The compliance and enforcement provisions in certain circumstances, violates Title Committee will meet with the NRC to ensure that a recipient’s policies and VI. Commissioners in the Commissioners’ practices overcome barriers resulting If you have any questions related to Conference Room, One White Flint from language differences that would this policy, please contact the NSF North, to discuss: deny LEP persons an equal opportunity Office of Equal Opportunity Programs. • Sufficiency Review to participate in and access to programs, • [FR Doc. 02–5616 Filed 3–8–02; 8:45 am] Total Systems Performance services and benefits offered by NSF. Assessment for Site Recommendation See 45 CFR, Part 611. We will ensure BILLING CODE 7555–01–P • Key Technical Issues that our recipient entities fulfill their • Review of NRC-Sponsored Research responsibilities to LEP persons through H. 1:00–2:45 p.m.: High-Level Waste the procedures provided for in the Title NUCLEAR REGULATORY Performance Assessment Sensitivity VI regulations. COMMISSION Studies (Open)—The staff will provide Executive Order 13166 requires that Advisory Committee on Nuclear an update on its sensitivity studies each federal department or agency Waste; Notice of Meeting related to HLW performance assessment extending federal financial assistance analyses for the proposed repository at subject to Title VI issue separate The Advisory Committee on Nuclear Yucca Mountain, NV. guidance implementing uniform Title VI Waste (ACNW) will hold its 133rd I. 3–6 p.m.: Preparation of ACNW compliance standards with respect to meeting on March 19–21, 2002, at 11545 Reports (Open)—The Committee will LEP persons. Where recipients of federal Rockville Pike, Rockville, Maryland, discuss proposed reports on the financial assistance from NSF also Room T–2B3. following topics:
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• ACNW 2002 Action Plan has been canceled or rescheduled, the for a lump-sum payment to an employee • Update on Igenous Activity Chairman’s ruling on requests for the or the employee’s survivor equal to the including PA Analyses opportunity to present oral statements Tier II taxes paid by the employee on a • HLW Performance Assessment and the time allotted therefore can be separation allowance or severance Sensitivity Studies obtained by contacting Mr. Howard J. • payment for which the employee did Annual Research Report to the Larson. not receive credits towards retirement. Commission ACNW meeting notices, meeting The collection obtains information Thursday, March 21, 2002 transcripts, and letter reports are now concerning the separation allowances available for downloading or viewing on J. 8:30–8:35 a.m.: Opening Remarks by and severance payments paid from the internet at http://www.nrc.gov/ railroad employers. the ACNW Chairman (Open)—The ACRSACNW. ACNW Chairman will make opening Videoteleconferencing service is FOR FURTHER INFORMATION CONTACT: remarks regarding the conduct of the available for observing open sessions of Copies of the forms and supporting meeting. ACNW meetings. Those wishing to use documents can be obtained from Chuck K. 8:35–12 Noon: Yucca Mountain this service for observing ACNW Mierzwa, the agency clearance officer Review Plan, Revision 2 (Open)—The meetings should contact Mr. Theron (312–751–3363). Comments regarding Committee will hear presentations by Brown, ACNW Audiovisual Technician and hold discussions with the information collection should be (301/415–8066), between 7:30 a.m. and representatives of the NRC staff addressed to Ronald J. Hodapp, Railroad 3:45 p.m. EST at least 10 days before the regarding the Yucca Mountain Review Retirement Board, 844 North Rush meeting to ensure the availability of this Plan, Revision 2. Street, Chicago, Illinois, 60611–2092 L. 1–4 p.m.: Preparation of ACNW service. Individuals or organizations and to the OMB Desk Officer for the Reports (Open)—The Committee will requesting this service will be RRB, at the Office of Management and continue its discussion of proposed responsible for telephone line charges Budget, Room 10230, New Executive ACNW reports. and for providing the equipment and Office Building, Washington, DC 20503. M. 4–4:15 p.m.: Miscellaneous facilities that they use to establish the (Open)—The Committee will discuss videoteleconferencing link. The Chuck Mierzwa, matters related to the conduct of availability of videoteleconferencing Clearance Officer. Committee activities and matters and services is not guaranteed. [FR Doc. 02–5702 Filed 3–8–02; 8:45 am] specific issues that were not completed Dated: March 5, 2002. BILLING CODE 7905–01–M during previous meetings, as time and Andrew L. Bates, availability of information permit. Advisory Committee Management Officer. Procedures for the conduct of and [FR Doc. 02–5764 Filed 3–8–02; 8:45 am] RAILROAD RETIREMENT BOARD participation in ACNW meetings were BILLING CODE 7590–01–P published in the Federal Register on Sunshine Act Meeting October 3, 2001 (66 FR 50461). In accordance with these procedures, oral Notice is hereby given that the or written statements may be presented RAILROAD RETIREMENT BOARD Railroad Retirement Board will hold a meeting on March 20, 2002, 10 a.m., at by members of the public, electronic Agency Forms Submitted for OMB recordings will be permitted only Review the Board’s meeting room on the 8th during those portions of the meeting floor of its headquarters building, 844 that are open to the public, and SUMMARY: In accordance with the North Rush Street, Chicago, Illinois, questions may be asked only by Paperwork Reduction Act of 1995 (44 60611. The agenda for this meeting members of the Committee, its U.S.C. chapter 35), the Railroad follows: consultants, and staff. Persons desiring Retirement Board (RRB) has submitted to make oral statements should notify the following proposal(s) for the Portion Open to the Public Mr. Howard J. Larson, ACNW collection of information to the Office of (1) Briefing from the Executive (Telephone 301/415–6805), between 8 Management and Budget for review and Committee on implementation of the a.m. and 4 p.m. EST, as far in advance approval. Railroad Retirement and Survivors’ as practicable so that appropriate Summary of Proposal(s) Improvement Act of 2001 arrangements can be made to schedule the necessary time during the meeting (1) Collection title: Railroad Portion Closed to the Public for such statements. Use of still, motion Separation Allowance or Severance Pay picture, and television cameras during Report. (A) Board Members meet with the this meeting will be limited to selected (2) Form(s) submitted: BA–9. Executive Committee portions of the meeting as determined (3) OMB Number: 3220–0173. The person to contact for more by the ACNW Chairman. Information (4) Expiration date of current OMB information is Beatrice Ezerski, regarding the time to be set aside for clearance: 4/30/2002. Secretary to the Board, Phone No. 312– taking pictures may be obtained by (5) Type of request: Extension of a 751–4920. contacting the ACNW office, prior to the currently approved collection. meeting. In view of the possibility that (6) Respondents: Business or other Dated: March 6, 2002. the schedule for ACNW meetings may for-profit. Beatrice Ezerski, be adjusted by the Chairman as (7) Estimated annual number of Secretary to the Board. necessary to facilitate the conduct of the respondents: 18. [FR Doc. 02–5838 Filed 3–7–02; 10:02 am] (8) Total annual responses: 1,009. meeting, persons planning to attend BILLING CODE 7905–01–M should notify Mr. Howard J. Larson as (9) Total annual reporting hours: to their particular needs. 1,262. Further information regarding topics (10) Collection description: Section 6 to be discussed, whether the meeting of the Railroad Retirement Act provides
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SECURITIES AND EXCHANGE 2. There are a minimum of 2,000 calendar months of at least 5,000 COMMISSION holders of the underlying security. contracts.3 3. Trading volume (in all markets in The Exchange notes that its [Release No. 34–45505; File No. SR–Amex– which the underlying security is traded) requirements for listing additional series 2002–13] has been at least 2,400,000 shares in the of an existing listed option (the ‘‘maintenance listing standards’’) are Self-Regulatory Organizations; Notice preceding twelve months. 4. Either (i) [T]the market price per less stringent. In particular, additional of Filing and Immediate Effectiveness series may be added pursuant to of Proposed Rule Change by the share of the underlying security has been at least $7.50 for the majority of Commentary .02 to Rule 916 if the American Stock Exchange LLC To underlying security is at least $3 in the Amend the Original Listing Criteria for business days during the three calendar months preceding the date of selection, primary market. The Exchange believes Underlying Securities Contained in that this less stringent maintenance as measured by the lowest closing price Amex Rule 915 listing standard is permitted, in part, reported in any market in which the because the Exchange’s other guidelines March 5, 2002. underlying security traded on each of assure that options would be listed and Pursuant to section 19(b)(1) of the the subject days or (ii)(a) the underlying traded on securities of companies that Securities Exchange Act of 1934 security meets the guidelines for are financially sound and subject to (‘‘Act’’),1 and Rule 19b–4 2 thereunder, continued listing in Rule 916; (b) adequate minimum standards. notice is hereby given that on March 1, options on such underlying security are Therefore, according to the Exchange, 2002, the American Stock Exchange LLC traded on at least one other registered the continued application of the (‘‘Amex’’ or ‘‘Exchange’’) filed with the national securities exchange; and (c) the Exchange’s other guidelines provide Securities and Exchange Commission average daily trading volume for such that: (1) The underlying security (the ‘‘Commission’’) the proposed rule options over the last three (3) calendar consists of a large number of change as described in Items I, II, and months preceding the date of selection outstanding shares held by non-affiliates III below, which Items have been has been at least 5,000 contracts. of the issuer; (2) the underlying security prepared by the Exchange. The 5. The issuer is in compliance with Commission is publishing this notice to is actively-traded; (3) there are a large any applicable requirements of the number of holders of the underlying solicit comments on the proposed rule Securities Exchange Act of 1934. change from interested persons. security; and (4) the underlying security II. Self-Regulatory Organization’s continues to be listed on a national I. Self-Regulatory Organization’s Statement of the Purpose of, and securities exchange or traded through Statement of the Terms of Substance of Statutory Basis for, the Proposed Rule the facilities of a national securities the Proposed Rule Change Change association. The Exchange believes that although The Exchange proposes to provide an In its filing with the Commission, the alternative original listing criteria for the continued listing requirements are Exchange included statements generally uniform among the options individual equity options that otherwise concerning the purpose of and basis for meet the standards in Commentary .01 exchanges, with the exception of the the proposed rule change and discussed ISE, the application of these standards to Rule 915 except for the requirement any comments it received on the that the underlying security be at least in the current market environment have proposed rule change. The text of these had an anticompetitive effect. $7.50. statements may be examined at the The text of the proposed rule change Specifically, the Exchange states that on places specified in Item IV below. The several occasions during the past year, appears below. New text is in italics; Exchange has prepared summaries, set deletions are in brackets. it was unable to list options classes forth in sections A, B, and C below, of because the price of the underlying Rule 915. Criteria for Underlying the most significant aspects of such security had fallen below the initial Securities statements. listing requirement since the time such (a) No Change. A. Self-Regulatory Organization’s options were first listed on another (b) No Change. Statement of the Purpose of, and exchange. Because the underlying security would continue to meet the Commentary ...... Statutory Basis for, the Proposed Rule lower maintenance listing standards, the .01 The Board of Governors has Change other options exchange(s) may continue established guidelines to be considered (1) Purpose to trade such options—and list by the Exchange in evaluating potential additional series—while the Amex may underlying securities for Exchange Commentary. 01 to Amex Rule 915 not list any options on such underlying option transactions. Absent exceptional sets forth the guidelines that an underlying individual equity security security. circumstances with respect to items 1, 2, To address this situation, the 3 or 4 listed below, at the time the must meet before the Exchange may initially list options on that security. Exchange proposes an alternative Exchange selects an underlying security original listing requirement applicable for Exchange options transactions, the The Exchange states that these guidelines or requirements are uniform to the underlying security’s price during following guidelines with respect to the the three calendar months preceding an issuer shall be met: among four (4) out of the five (5) options exchanges. The exception is the options listing. Specifically, 1. There are a minimum of 7,000,000 Commentary .01 to Amex Rule 915 shares of the underlying security which International Securities Exchange LLC (‘‘ISE’’), because of recent Commission currently provides that the market price are owned by persons other than those per share of the underlying security required to report their security approval that eliminated the $7.50 standard for an underlying security must have been at least $7.50 for the holdings under Section 16(a) of the majority of business days during the Securities Exchange Act of 1934. when such option is otherwise listed and traded on another options exchange 3 See Securities Exchange Act Release No. 45220 1 15 U.S.C. 78s(b)(1). and has an average daily trading volume (December 31, 2002), 67 FR 760 January 7, 2002) 2 17 CFR 240.19b–4. (‘‘ADTV’’) over the last three (3) (SR–ISE–2001–33).
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three calendar months preceding the exchange have rules that are designed to consistent with section 19(b)(2) of the date of selection for listing. The prevent fraudulent and manipulative Act,8 the Commission finds good cause Exchange proposes to amend acts and practices, to promote just and to waive the 30-day operative period.9 Commentary .01 to provide that, for equitable principles of trade, and, in IV. Solicitation of Comments underlying securities that satisfy all of general, to protect investors and the the initial listing requirements other public interest. Interested persons are invited to than the $7.50 per share price submit written data, views and requirement, the Exchange would be B. Self-Regulatory Organization’s arguments concerning the foregoing, permitted to list options on the Statement on Burden on Competition including whether the proposed rule securities so long as: (1) The underlying The Exchange does not believe that change is consistent with the Act. security meets the guidelines for the proposed rule change will impose Persons making written submissions continued approval contained in Amex any burden on competition. should file six copies thereof with the Rule 916; (2) options on such Secretary, Securities and Exchange C. Self-Regulatory Organization’s Commission, 450 Fifth Street, NW, underlying security are traded on at Statement on Comments on the least one other registered national Washington, DC 20549–0609. Copies of Proposed Rule Change Received From the submission, all subsequent securities exchange; and (3) the ADTV Members, Participants, or Others for such options over the last three amendments, all written statements calendar months preceding the date of No written comments were solicited with respect to the proposed rule selection has been at least 5,000 or received with respect to the proposed change that are filed with the contracts. rule change. Commission, and all written communications relating to the The Exchange believes that this III. Date of Effectiveness of the proposed rule change between the proposal is narrowly drafted to address Proposed Rule Change and Timing for Commission and any person, other than the circumstances where an actively- Commission Action traded options class is currently those that may be withheld from the ineligible for listing on the Amex while The foregoing rule change has become public in accordance with the at the same time, such option is trading effective pursuant to section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be on another options exchange. The of the Act 6 and paragraph (f)(6) of Rule available for inspection and copying in Exchange notes that when an 19b–4 7 thereunder because it does not: the Commission’s Public Reference underlying security meets the (i) Significantly affect the protection of Room. Copies of such filing will also be maintenance listing standards and at investors or the public interest; (ii) available for inspection and copying at least one other exchange trades options impose any significant burden on the principal office of the Amex. All on the underlying security, the options competition; (iii) become operative for submissions should refer to File No. already are available to the investing 30 days from the date on which it was SR–Amex–2002–13 and should be public. Therefore, the Exchange notes filed, or such shorter time as the submitted by April 1, 2002. that the current proposal would not Commission may designate; and the For the Commission, by the Division of introduce any additional listed options Exchange has given the Commission Market Regulation, pursuant to delegated classes. written notice of its intention to file the authority.10 The Exchange also believes the proposed rule change at least five Jill M. Peterson, proposed alternative original listing business days prior to filing. At any Assistant Secretary. time within 60 days of the filing of such criteria’s limitation to options that are [FR Doc. 02–5815 Filed 3–8–02; 8:45 am] proposed rule change, the Commission actively-traded (i.e., options with an BILLING CODE 8010–01–P ADTV of at least 5,000 contracts over may summarily abrogate such rule the least three calendar months) should change if it appears to the Commission serve to allay any concerns regarding that such action is necessary or SECURITIES AND EXCHANGE the listing of options that may be appropriate in the public interest, for COMMISSION inappropriate. Therefore, the Exchange the protection of investors, or otherwise maintains that the proposed alternative in furtherance of the purposes of the [Release No. 34–45501; File No. SR–NASD– 2002–28] listing standard would be limited to Act. The Commission notes that under those options with active trading, Self-Regulatory Organizations; Notice Rule 19b–4(f)(6)(iii), the proposal does indicating that there is widespread of Filing of Proposed Rule Change by not become operative for 30 days after investor interest. Because these options the National Association of Securities the date of its filing, or such shorter are actively-traded in other markets, the Dealers, Inc. Relating to Fees time as the Commission may designate Exchange further believes that there Applicable to the NASD Alternative if consistent with the protection of would be no investor protection Display Facility concerns with listing such options on investors and the public interest. The the Exchange. In addition, the Exchange Exchange has requested that the March 4, 2002. believes that listing these options on the Commission waive the 30-day operative Pursuant to Section 19(b)(1) of the Amex would enhance competition and date. The Exchange contends that Securities Exchange Act of 1934 benefit investors. acceleration of the operative date is (‘‘Act’’),1 and Rule 19b–4 thereunder,2 consistent with the protection of notice is hereby given that on February (2) Statutory Basis investors and the public interest The Exchange believes that the because the language of this proposed 8 15 U.S.C. 78s(b)(2). proposed rule change is consistent with rule is substantially similar to rule 9 For purposes only of accelerating the operative section 6(b) of the Act 4 in general and language that was put out for notice and date of this proposal, the Commission has considered the proposed rule’s impact on furthers the objectives of section comment when ISE submitted its efficiency, competition, and capital formation. 15 6(b)(5) 5 in particular in that an proposed rule change. For this reason, U.S.C. 78c(f). 10 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78f(b). 6 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b-4.
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20, 2002, the National Association of I. Self-Regulatory Organization’s 7000. CHARGES FOR SERVICES AND Securities Dealers, Inc. (‘‘NASD’’ or Statement of the Terms of Substance of EQUIPMENT ‘‘Association’’) filed with the Securities the Proposed Rule Change 7010. System Services and Exchange Commission (‘‘SEC’’ or The NASD is proposing to amend the ‘‘Commission’’) the proposed rule (a)–(f)—deleted 7000 Series of the NASD Rules to [(g) Automated Confirmation change as described in Items I, II and III designate transaction and quotation below, which Items have been prepared Transaction Service] (a) Trade related fees applicable to activities in Comparison and Reporting Service by the NASD. The Commission is the NASD’s Alternative Display Facility The following charges shall be paid publishing this notice to solicit (‘‘ADF’’). The text of the proposed rule by the participant for use of the comments on the proposed rule change change is set forth below. Proposed new [Automated Confirmation Transaction from interested persons. language is in italics; proposed Service (ACT)] Trade Comparison and deletions are in brackets.3 Reporting Service (TRACS): * * * * * Transaction Related Charges:
Comparison ...... [$0.0144] $0.014/side per 100 shares (minimum 400 shares; max- imum 7,500 shares) Automated Give-Up ...... $0.029/side [$0.01/side per 100 shares (minimum 400 shares; max- imum 7,500 shares)] Late Report—T+N ...... [$0.288]$0.30/side Browse/query ...... $0.28[8]/query * [Terminal fee ...... $57.00/month (ACT only terminals)] [CTCI fee ...... $575.00/month] [Nasdaq ACT ...... $300/month (full functionality) or $150/month (up to an average of twenty transactions per day each month) ** Trade Reporting ...... $.029/side (applicable only to reportable transaction not subject to trade comparison through TRACS [ACT])[ ***] ** [Risk Management Charges ...... $.035/side and $17.25/month per correspondent firm (maximum $10,000/month per correspondent firm)] Corrective Transaction Charge ...... $0.25/ Cancel, Error, Inhibit, Kill, or ‘No’ portion of No/Was trans- action, paid by reporting side; $0.25/ Break, Decline transaction, paid by each party; * Each ACT query incurs the $0.288 fee; however, the first accept or decline processed for a transaction is free, to insure that no more than $0.288 is charged per comparison. Subsequent queries for more data on the same security will also be processed free. Any subsequent query on a different security will incur the $0.288 query charge. [** For the purposes of this service only, a transaction is defined as an original trade entry, either on trade date or as-of transactions per month.] [***]** The trade reporting service charge is applicable to those trades input into ACT for reporting purposes only, such as NSCC Qualified Special Representative reports and reports of internalized transactions.
(b) Quotation Updates 7020. Equipment Related Charges additional comparable device where all devices are located on the same A member will be charged $0.01 per [(a)] The charge for using [Nasdaq] premises. quotation update in the ADF quotation ADF terminal software [equipment] (c) The charge for using interrogation montage on those quotation updates shall be [$120] $275 per month for [the or display devices and modems which that exceed three times the number of first] each terminal and $550 per month are not supplied by Nasdaq shall be $50 transactions executed or reported by the for each server. [$105 per month for per month for each such device located ADF member. A ‘‘quotation update’’ each additional terminal where all on the same premises. terminals are located on the same includes any change to the price or size (d) Nasdaq subscribers utilizing premises.] of a displayed quotation. This charge UNISYS or Tandem personal computers [(b) The charge for using interrogation will be determined on a monthly basis. (PCs) authorized for emulation of the or display devices which are not (h)–(j)—deleted Harris standard terminal may elect to supplied by Nasdaq, but which utilize a receive maintenance through Nasdaq at (k)—renumbered as (c) Nasdaq supplied modem, shall be $75 the rate of $55/PC/month.] (l)–(p)—deleted per month for the first comparable device and $55 per month for each [7030. Special Options]
[Receive only Printer ...... $100/month. Local Posting ...... Permits subscriber to use Nasdaq Level 3 terminals to enter quotations simulta- $10/month. neously into an internal computer system. Dual Keyboard ...... $15/month. Nasdaq Market Indexes ...... Permits vendor to process Nasdaq Level 1 and Last Sale data feeds solely for the $500/month. purpose of supplying subscribers with real-time calculations of Nasdaq market indexes. Non-Continuous Access to Nasdaq Level Permits vendor to process and distribute Nasdaq Level 1 and Last Sale informa- $.005/query. 1 and Last Sale Information. tion to its subscribers on a non-continuous or query-response basis..
3 NASD requested that the Commission make a than ‘‘Governors’’). Telephone conference between Stephanie M. Dumont, Associate General Counsel, technical correction in proposed NASD Rule 7100, John S. Polise, Senior Special Counsel, Division of Office of General Counsel, NASD Regulation Minor Modifications in Charges, with regard to an Market Regulation (‘‘Division’’), SEC, Christopher (February 28, 2002). improper reference to NASD ‘‘Directors’’ (rather B. Stone, Attorney Advisor, Division, SEC, and
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For a pilot period commencing April $333/hour For testing at all other (b) Funds included in the MFQS and 3, 2000 and lasting until March 30, times on business days, or on weekends pricing agents designated by such funds 2001. The fee for non continuous access and holidays. (‘‘Subscriber’’), shall be assessed a to Nasdaq level one and last sale (2) The foregoing fees shall not apply monthly fee of $75 for each logon information will be reduced to $.005 per to testing occasioned by: identification obtained by the query.] (A) new or enhanced services and/or Subscriber. A Subscriber may use a 7040. Installation, Removal, [or] software provided by ADF [NSMI] or logon identification to transmit to Relocation or Maintenance (B) modifications to software and/or Nasdaq pricing and other information services initiated by ADF [NSMI] in that the Subscriber agrees to provide to ADF subscribers shall pay a minimum response to a contingency. charge of $5,000 for installation costs Nasdaq.] associated with connecting to the ADF. 7060. Partial Month Charges—No 7100. Minor Modifications in Charges Upon installation, removal, relocation Change or maintenance of terminal and related 7070. Reserved [Subscriber Deposits] (a) To compensate for minor equipment, or combination thereof, the variations in annual net income, the subscriber shall pay charges incurred by [New and existing subscribers to Board of Directors of The [Nasdaq Stock the Association or its subsidiaries above Level 2/3 or Nasdaq Workstation service Market, Inc.] NASD may increase or the $5,000 minimum, on behalf of the shall be subject to the following deposit decrease the total charges in this subscriber for the work being performed charges per unit: Schedule by 10% from the base charges by the maintenance organization (a) New subscriber: (1) estimated telecommunications as adopted on [August 28, 1979] insert retained by Association or its provider charges for network adoption date upon filing such change subsidiaries. Upon payment of $5,000 infrastructure, connection and testing; with the Commission pursuant to under this provision, members will (2) two (2) months circuit charges; Section 19(b)(3) of the Act. receive a credit of up to $5,000 to be and (b) No Change. used toward their trade reporting and (3) estimated telecommunications * * * * * comparison charges imposed under provider disconnect charges. Rule 7010(a). (b) Existing subscribers subject to II. Self-Regulatory Organization’s 7050. Other Services subscriber deposits include those that Statement of the Purpose of, and have been placed on the termination list Statutory Basis for, the Proposed Rule (a) Daily Reports to Newspapers two or more times within a two year Change Reports for regular public release, period; those that have paid for services such as a list of closing quotations or with one or more NSF checks; and those In its filing with the Commission, the market summary information for that have had service disconnected for NASD included statements concerning newspaper publication, shall be non-payment but have not had the purpose of and the basis for the produced in a format acceptable to most equipment removed: proposed rule change and discussed any publishers without charge. Should such (1) two (2) months circuit charges; comments it received on the proposed information be transmitted to another and rule change. The text of these statements location at the request of any firm, a (2) estimated telecommunications may be examined at the places specified charge may be imposed for such provider disconnect charges.] in Item IV below. The NASD has prepared summaries, set forth in services by the Association or a 7080. Late Fees subsidiary. Sections A, B and C below, of the most (a) All charges imposed by the NASD significant aspects of such statements. (b) Other Requests for Data [The Nasdaq Stock Market, Inc.] that are past due 45 days or more will be subject A. Self-Regulatory Organization’s The Association or a subsidiary may to a late fee computed by taking the Statement of the Purpose of, and impose and collect compensatory summation of one and one-half percent Statutory Basis for, the Proposed Rule charges for data [Nasdaq] supplied upon Change (11⁄2%) of the amount past due for the request, where there is no provision first month plus one and one-half elsewhere in this Rule 7000 Series for 1. Purpose percent (11⁄2%) of the amount past due charges for such service or sale. for any month thereafter, compounded As described in detail in SR–NASD– (c) Correspondents by late fees assessed for previous 2001–90,4 the NASD intends to operate months. a trade reporting and comparison The charge for registration and (b) No Change. service as part of the ADF. The trade display of a correspondent firm for a reporting service would collect trade registered market maker shall be $3.50 [7090. Mutual Fund Quotation Service] reports for NASD registered market per month for each correspondent [(a) Funds included in the Mutual participants, as well as any NASD displayed per security. Fund Quotation Service (‘‘MFQS’’) shall member required to report transactions (d) Testing Services be assessed an annual fee of $400 per occurring otherwise than on an fund authorized for the News Media exchange. The service would transmit (1) Subscribers that conduct tests of Lists and $275 per fund authorized for the reports automatically to the their computer-to-computer (CTCI) or the Supplemental List. Funds respective Securities Information digital interface (DIS/CHIPS) with the authorized during the course of an Processors (‘‘SIPs’’), if required, for central processing facilities of annual billing period shall receive a dissemination to the public and the Alternative Display Facility [The Nasdaq proration of these fees but no credit or industry. This mechanism would Stock Market, Inc. (NSMI)] shall pay the refund shall accrue to funds terminated operate similarly to the trade reporting following charges: during an annual billing period. In functions of Nasdaq’s Automated $285/hour For CTCI/DIS/CHIPS addition, there shall be a one-time testing between 9:00 a.m. and 5:00 p.m. application processing fee of $250 for 4 See Exchange Act Release No. 45156 (December Eastern Time on business days; each new fund authorized. 14, 2001), 67 FR 388 (January 3, 2002).
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Confirmation Transactions Service reimbursement from members for quotation update in the ADF quotation (‘‘ACT’’).5 charges incurred by the NASD above montage. This quotation update fee, The ADF also will provide for trade $5,000 due to the installation, removal, however, will apply only to those comparison through the Trade relocation or maintenance of terminal quotation updates by the member in the Comparison and Reporting Service and related equipment. However, ADF that exceed three times the number (‘‘TRACS’’). TRACS will (1) compare market participants will receive a credit of transactions reported by the member trade information entered by TRACS of up to $5,000 toward their trade through the ADF. This quotation update participants and submit ‘‘locked-in’’ reporting and comparison charges. fee will be determined on a monthly trades to the Depository Trust Clearing In addition, the NASD will charge for basis. By imposing this fee only where Corporation (‘‘DTCC’’) for clearance and certain other services described in Rule the quotation updates significantly settlement; (2) transmit reports of the 7050(b) (requests for data), Rule 7050(c) exceed the number of transactions transactions automatically to the (registration and display of a reported, this fee structure will fairly respective SIPs, if required, for correspondent firm for a registered impose costs on those members whose dissemination to the public and the market maker) and Rule 7050(d) quotation activity creates system industry; and (3) provide participants (charges for subscribers that conduct capacity demands, and therefore costs with monitoring capabilities to facilitate tests of their computer-to-computer or that are not covered by a trade reporting participation in a ‘‘locked-in’’ trading digital interfaces). The NASD will not fee. environment. be offering modems, interrogation or 2. Statutory Basis In SR–NASD–2001–90, the NASD display devices and therefore is stated that the proposed fees or proposing to delete Rule 7020(b) The NASD believes that the proposed assessments related to the ADF would through (d). rule change is consistent with the be provided in a separate rule filing. The NASD is proposing to delete the provisions of Section 15A(b)(6) 7 of the Accordingly, the NASD now is following provisions that currently Act, which requires, among other proposing amendments to the Rule 7000 impose fees on members for access to things, that the Association’s rules be Series to provide for the fees and/or different levels of data services or designed to prevent fraudulent and assessments on quotation and special options: Rule 7010(a) through manipulative acts and practices, to transaction activities on the ADF. (f), Rule 7010(h), Rule 7030 and Rule promote just and equitable principles of Specifically, the NASD is proposing fees 7070. The NASD is proposing to delete trade, and, in general, to protect similar to those currently imposed on Rule 7010(i) (fees relating to transaction investors and the public interest. The transaction activities in ACT and execution services), Rule 7010(j) NASD believes that the proposed rule therefore, many of the amendments to (position charge for members that quote change will provide a cost effective and the rule text are the replacement of on the OTC Bulletin Board), Rule efficient mechanism to quote and report 7010(o) (Nasdaq Application of references to ‘‘ACT’’ with ‘‘TRACS.’’ trades on the ADF. The proposed rule OptiMark Service) and Rule 7090 The following are fees that will be change is also consistent with Section (Mutual Fund Quotation Service). As 8 charged relating to transactions on the 15A(b)(5) of the Act in that it provides noted in SR–NASD–2001–90, the ADF ADF and are similar to those currently for the equitable allocation of reasonable will not be providing any transaction imposed on activities in ACT: dues, fees and other charges among execution services and will not provide Comparison—$0.014/side per 100 members and issuers and other persons quotation services related to OTC shares (minimum 400 shares; maximum using any facility or system that the Bulletin Board securities or mutual 7,500 shares); Automated Give-Up— Association operates or controls. The funds. NASD believes that this fee structure is $0.029/side; Late Report—T+N—$0.30/ The NASD will not be imposing 6 a reasonable means for the NASD to side; Browse/query—$0.28/query ; Market Data Distributor or Vendor recover the development costs of the Trade Reporting—$.029/side (applicable Annual Administrative Fees and, ADF, as well as meet ongoing operating only to reportable transactions not therefore, is proposing to delete Rule costs. subject to trade comparison through 7010(l). The NASD will not be TRACS); and Corrective Transaction providing compliance data packages, B. Self-Regulatory Organization’s Charge—$0.25. The following historical research and administrative Statement on Burden on Competition transaction-related charges currently in reports and, therefore, is proposing to The NASD does not believe that the Rule 7010(g) will be deleted: Terminal delete Rule 7010(n) and Rule 7010(p). fee, CTCI fee, Nasdaq ACT and Risk proposed rule change will result in any Finally, NASD will not be providing an burden on competition that is not Management Charges. Automated Voice Response Service and The NASD proposes to charge an ADF necessary or appropriate in furtherance therefore, is proposing to delete Rule of the purposes of the Act. workstation fee of $275 per month for 7010(m). each ADF terminal software license and The proposed rule change also C. Self-Regulatory Organization’s $550 per month for each ADF server provides for several administrative Statement on Comments on the license. The NASD proposes to charge provisions that are identical to current Proposed Rule Change Received From members a minimum of $5,000 for rules, including partial month charges Members, Participants, or Others installation costs associated with (Rule 7060) and late charges for all fees Written comments were neither connecting to the ADF, and will require that are past due 45 days or more (Rule solicited nor received. 7080). The proposed rule change also 5 The NASD service would not perform risk permits the NASD to increase or III. Date of Effectiveness of the management services that are provided by Nasdaq’s Proposed Rule Change and Timing for ACT. decrease the total charges described in 6 Each TRACS query incurs the $0.28 fee; the Rule 7000 series by 10% upon filing Commission Action however, the first accept or decline processed for such changes with the SEC (Rule Within 35 days of the date of a transaction is free, such that no more than $0.28 7100(a)). The proposed rule change publication of this notice in the Federal is charged per comparison. Subsequent queries for more data on the same security also will be retains current Rule 7100(b). processed free. Any subsequent query on a different Finally, the NASD is proposing to 7 15 U.S.C. 78o–3(b)(6). security will incur the $0.28 query charge. charge a quotation update fee of $.01 per 8 15 U.S.C. 78o–3(b)(5).
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Register or within such longer period (i) SECURITIES AND EXCHANGE proposal.7 On February 11, 2002, as the Commission may designate up to COMMISSION Nasdaq filed Amendment No. 4 to the 90 days of such date if it finds such proposal.8 The Commission is longer period to be appropriate and [Release No. 34–45500; File No. SR–NASD– publishing this notice to solicit 00–82] publishes its reasons for so finding, or comments on the proposed rule change, as amended, from interested persons. (ii) as to which the NASD consents, the Self-Regulatory Organizations; Notice Commission will: of Filing of Amendment Nos. 1, 2, 3, I. Self-Regulatory Organization’s A. by order approve such proposed and 4 to a Proposed Rule Change by Statement of the Terms of Substance of rule change, or the National Association of Securities the Proposed Rule Change Dealers, Inc. Relating to the B. institute proceedings to determine In the original proposal, which was Assessment of Fees for Unit whether the proposed rule change published for comment in the February Investment Trusts Included in should be disapproved. 2001 Release, Nasdaq proposed to Nasdaq’s Mutual Fund Quotation amend NASD Rule 7090, ‘‘Mutual Fund IV. Solicitation of Comments Service Quotation Service,’’ to: (1) Revise NASD March 4, 2002. Rule 7090(a) to apply to UITs certain Interested persons are invited to annual and application fees that Pursuant to section 19(b)(1) of the submit written data, views, and currently apply to mutual funds; and (2) arguments concerning the foregoing, Securities Exchange Act of 1934 1 2 adopt NASD Rule 7090(b), which including whether the proposed rule (‘‘Act’’), and Rule 19b-4 thereunder, eliminated a one-time application fee if change is consistent with the Act. notice is hereby given that the National a UIT expires by its own terms during Persons making written submissions Association of Securities Dealers, Inc. an annual billing period and is replaced should file six copies thereof with the (‘‘NASD’’ or ‘‘Association’’), through its within three months by a trust that is Secretary, Securities and Exchange subsidiary, the Nasdaq Stock Market, materially similar in share class and Commission, 450 Fifth Street, NW, Inc. (‘‘Nasdaq’’) filed with the Securities trust objective. The proposed changes to and Exchange Commission (‘‘SEC’’ or Washington, DC 20549–0609. Copies of the original proposal, as published in ‘‘Commission’’) Amendment Nos. 1, 2, the submission, all subsequent the February 2001 Release, are below. 3, and 4 to the proposed rule change as amendments, all written statements Proposed additions are italicized and described in Items I, II, and III below, with respect to the proposed rule proposed deletions are placed in which Items have been prepared by [brackets]. change that are filed with the Nasdaq. The proposed rule change was * * * * * Commission, and all written published for comment in the Federal communications relating to the Register on February 20, 2001.3 The 7090. Mutual Fund Quotation Service proposed rule change between the Commission received one comment (a) No change. Commission and any person, other than letter regarding the proposed rule (a) If a Unit Investment Trust expires those that may be withheld from the change.4 On June 18, 2001, Nasdaq filed by its own terms during an annual public in accordance with the Amendment No. 1 to the proposal.5 On billing period and is replaced within provisions of 5 U.S.C. 552, will be June 26, 2001, Nasdaq filed Amendment three months by a trust that is materially available for inspection and copying in No. 2 to the proposal.6 On July 2, 2001, similar in [share class and trust] the Commission’s Public Reference Nasdaq filed Amendment No. 3 to the investment objective, the replacing trust Room. Copies of such filing will also be shall [not] be charged a one-time available for inspection and copying at 1 15 U.S.C. 78s(b)(1). application fee of $150. [In addition, the principal office of the NASD. All 2 17 CFR 240.19b–4. t]The replacing trust shall not be submissions should refer to File No. 3 See Securities Exchange Act Release No. 43915 SR–NASD–2002–28 and should be (February 1, 2001), 66 FR 10926 (‘‘February 2001 7 See letter from Mary M. Dunbar, Vice President, Release’’). Office of the General Counsel, Nasdaq, to Katherine submitted by April 1, 2002. 4 See letter from Barry E. Simmons, Associate A. England, Assistant Director, Division, For the Commission, by the Division of Counsel, Investment Company Institute (‘‘ICI’’), to Commission, dated June 29, 2001 (‘‘Amendment Jonathan G. Katz, Secretary, Commission, dated Market Regulation, pursuant to delegated No. 3’’). Amendment No. 3 replaces the text of March 13, 2001 (‘‘ICI Letter’’). NASD Rule 7090 provided in Amendment No. 2 9 authority. 5 See letter from Edward S. Knight, Executive with rule text that is designed to indicate more Jill M. Peterson, Vice President and General Counsel, Nasdaq, to clearly the way that Amendment No. 1 revises the Katherine A. England, Assistant Director, Division text of NASD Rule 7090 was amended by the Assistant Secretary. of Market Regulation (‘‘Division’’), Commission, original proposal. [FR Doc. 02–5683 Filed 3–8–02; 8:45 am] dated June 15, 2001 (‘‘Amendment No. 1’’). 8 See letter from Jeffrey S. Davis, Associate Amendment No. 1 revises the proposal to: (1) General Counsel, Nasdaq, to Katherine A. England, BILLING CODE 8010–01–P Establish a $150 fee for replacement Unit Assistant Director, Division, Commission, dated Investment Trusts (‘‘UITs’’); and (2) respond to the February 11, 2002 (‘‘Amendment No. 4’’). ICI’s comments by adopting the ICI’s suggested Amendment No. 4 provides a more detailed requirements for a replacement UIT. explanation of the need for the proposed fees. 6 See letter from Edward S. Knight , Vice Specifically, among other things, Amendment No. President and General Counsel, Nasdaq, to 4 states that the application fee supports the Katherine A. England, Assistant Director, Division, personnel who are required to review, record, and Commission, dated June 25, 2001 (‘‘Amendment enter each fund into the Mutual Fund Quotation No. 2’’). The rule test provided in Amendment No. Service (‘‘MFQS’’). In addition, Amendment No. 4 1 indicated the way that Amendment No. 1 revised states that the annual fee for the News Media Lists the text of current NASD Rule 7090 rather than the and the Supplemental List support the NASD’s way that Amendment No. 1 revised the text of continuous monitoring of funds’ compliance with NASD Rule 7090 as amended by the original the standards for inclusion in the MFQS, for proposal. Amendment No. 2 replaces the text of upgrading the technology used to collect and NASD Rule 7090 proposed in Amendment No. 1 disseminate the MFQS, and for responding to the with text designed to indicate the way that requests of users and subscribers for service Amendment No. 1 revises Nasdaq’s original enhancements. Amendment No. 4 also provides proposal rather than the existing text of NASD Rule additional information concerning the $150 9 17 CFR 200.30–3(a)(12). 7090. application fee for replacement UITs.
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charged an annual fee if the expiring nor do they have different classes of for replacement funds entirely, it is trust has already paid an annual fee for shares. The ICI recommended that economically constrained to offer only a that annual billing period. Nasdaq revise proposed NASD Rule $100 waiver. Nasdaq believes that the (c) No change. 7090(b) to state that ‘‘[i]f a UIT expires replacement fee constitutes an equitable * * * * * by its own terms during an annual allocation of fees among users of the billing period and is replaced within service. II. Self-Regulatory Organization’s three months by a trust that has a With regard to the need to assess fees Statement of the Purpose of, and materially similar investment objective, for including UITs in the MFQS, Nasdaq Statutory Basis for, the Proposed Rule the replacing trust shall not be charged states that the application fee supports Change a one-time application fee.’’ 12 the Fund Operations personnel who are In its filing with the Commission, In Amendment No. 1, Nasdaq revised required to review, record, and enter Nasdaq included statements concerning its proposal to: (1) adopt the each fund into the MFQS system for the purpose of, and basis for, the commenter’s suggested requirements for subsequent dissemination to electronic proposed rule change and discussed any the definition of a ‘‘materially similar’’ or print subscribers. Nasdaq states that comments it received on the proposed replacement trust; and (2) provide that, the annual fee for the News Media Lists rule change. The text of these statements instead of eliminating the one-time and the Supplemental List support the may be examined at the places specified application fee for a replacing trust, the NASD’s continuous monitoring of in Item IV below. Nasdaq has prepared replacing UIT would be charged a one- funds’ compliance with the standards summaries, set forth in Sections A, B, time application fee of $150. Thus, for inclusion in the MFQS, and for and C below, of the most significant NASD Rule 7090(b), as amended, responding to the requests of users and aspects of such statements. provides that if a UIT expires by its own subscribers for service enhancements. terms during an annual billing period Nasdaq notes that the NASD maintains A. Self-Regulatory Organization’s and is replaced within three months by a staff and dedicated technology to Statement of the Purpose of, and a trust that is materially similar in produce the MFQS, which provides Statutory Basis for, the Proposed Rule investment objective, the replacing trust transparency to investors and a valuable Change shall be charged a one-time application service to subscribers. Nasdaq believes 1. Purpose fee of $150. that the application and annual fees NASD Rule 7090 sets forth the fees With regard to the $150 one-time have for many years been part of an assessed for the inclusion of mutual application fee, Nasdaq states in equitable allocation of fees among users funds in the MFQS. In its original Amendment No. 1 that after submitting of the service because they are assessed proposal, Nasdaq proposed to: (1) its original proposal, Nasdaq received to subscribers in direct proportion to Revise NASD Rule 7090(a) to apply to new information indicating that the their usage of the service. number of UITs that would potentially UITs certain annual and application fees 2. Statutory Basis that currently apply to mutual funds; 9 qualify for the application fee waiver Nasdaq believes that the proposed and (2) adopt NASD Rule 7090(b), was substantially greater than first rule change is consistent with the which eliminated a one-time anticipated. Nasdaq states that, provisions of sections 15A(b)(6) 13 and application fee for a replacing trust if a recognizing the finite character of UITs, Section 11A 14 of the Act. Section UIT expires by its own terms during an Nasdaq had initially proposed to offer a 15A(b)(6) requires that the rules of a annual billing period and is replaced full fee waiver although the full fee itself only partially offsets the costs registered national securities association within three months by a trust that is Nasdaq incurs for processing each be designed to prevent fraudulent and materially similar in share class and application. In light of the increased manipulative acts and practices, to trust objective. The original proposal numbers of funds potentially eligible for promote just and equitable principals of was published for comment in the the fee waiver, Nasdaq states in trade, to foster cooperation and Federal Register on February 20, Amendment No. 1 that it is compelled coordination with persons engaged in 2001.10 The Commission received one to offer only a partial fee waiver, regulating, clearing, settling, processing comment letter regarding the reducing the waiver by $100. Thus, information with respect to, and proposal.11 Nasdaq proposes to impose a one-time facilitating transactions in securities, to The commenter supported Nasdaq’s application fee of $150 for replacement remove impediments to and perfect the proposal to accommodate the manner in UITs, rather than Nasdaq’s standard mechanism of a free and open market which UITs are offered, but $250 fee. and a national market system, and, in recommended a technical change to the In Amendment No. 4, Nasdaq general, to protect investors and the proposed rule to ensure that the fee provides additional reasons for public interest; and are not designed to assessment procedures for UITs operate assessing the proposed fees on UITs and permit unfair discrimination between appropriately. Specifically, the ICI discusses the need for the $150 customers, issuers, brokers, or dealers. recommended that Nasdaq eliminate the application fee for replacement trusts. In Section 11A(a)(1)(C), Congress found requirement in proposed NASD Rule With regard to the $150 application fee, that is in the public interest and 7090(b) that the replacement UIT be Nasdaq states after filing its original appropriate for the protection of similar in ‘‘share class’’ to the replacing proposal, it discovered two pertinent investors and the maintenance of fair UIT because UITs do not issue shares, facts: (1) That a significant number of and orderly markets to assure: (1) UITs would qualify as replacement Economically efficient execution of 9 Specifically, the original proposal revised NASD Rule 7090(a) to provide that UITs included in the UITs; and (2) that, despite their securities transactions; (2) fair MFQS shall be assessed an annual fee of $400 per similarity to the funds they replace, competition among brokers and dealers; trust authorized for the News Media Lists and $275 replacement UITs will require (3) the availability to brokers, dealers per trust authorized for the Supplemental List. In significant processing before entry into and investors of information with addition, NASD Rule 7090(a) imposes a one-time application processing fee of $250 for each new the MFQS. Nasdaq states that although respect to quotations and transactions in trust authorized. it had hoped to waive the application 10 See February 2001 Release, supra not 3. 13 15 U.S.C. 78o–3(b)(6). 11 See ICI Letter, supra note 4. 12 See ICI Letter, supra note 4. 14 15 U.S.C. 78k–1.
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securities; (4) the practicability of statements with respect to the proposed I. Self-Regulatory Organization’s brokers executing investors orders in the rule change that are filed with the Statement of the Terms of Substance of best market; and (5) an opportunity for Commission, and all written the Proposed Rule Change investors orders to be executed without communications relating to the Nasdaq proposes to extend through the participation of a dealer. proposed rule change between the April 15, 2002, the penny ($0.01) legal Nasdaq believes that the proposed Commission and any person, other than short sale standard contained in NASD rule change is consistent with the those that may be withheld from the Interpretative Material 3350 (‘‘IM– provisions of sections 15A(b)(6) and public in accordance with the 3350’’). Without such an extension this 11A(a)(1)(C) of the Act because the provisions of 5 U.S.C. 552, will be standard would terminate on March 1, proposal protects investors and the available for inspection and copying in 2002. Nasdaq does not propose to make public interest by promoting better the Commission’s Public Reference any substantive changes to the pilot; the processing of price information in UITs. Room. Copies of such filing will also be only change is an extension of the Nasdaq believes that the proposed available for inspection and copying at pilot’s expiration date through April 15, listing fees will encourage the listing of the principal office of the NASD. 2002. Nasdaq requests that the UITs, thereby providing greater pricing All submissions should refer to File Commission waive both the 5-day information for a broader base of No. SR–NASD–00–82 and should be notice and 30-day pre-operative investments for which there is submitted by April 1, 2002. requirements contained in Rule 19b– significant investor interest. Nasdaq also 5 For the Commission, by the Division of 4(f)(6)(iii) of the Act. If such waivers believes that the proposed listing fees are granted by the Commission, Nasdaq will enable Nasdaq to identify, screen Market Regulation, pursuant to delegated authority.15 will implement this rule change and list bona fide UITs with a immediately. meaningful investor base and trading Jill M. Peterson, interest. Assistant Secretary. II. Self-Regulatory Organization’s [FR Doc. 02–5684 Filed 3–8–02; 8:45 am] Statement of the Purpose of, and B. Self-Regulatory Organization’s BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule Statement on Burden on Competition Change Nasdaq does not believe that the In its filing with the Commission, SECURITIES AND EXCHANGE proposed rule change will result in any Nasdaq included statements concerning COMMISSION burden on competition. the purpose of and basis for its proposal C. Self-Regulatory Organization’s and discussed any comments it received [Release No. 34–45504 ; File No. SR–NASD– regarding the proposal. The text of these Statement on Comments on the 2002–30] Proposed Rule Change Received From statements may be examined at the places specified in Item IV below. Members, Participants, or Others Self-Regulatory Organizations; Notice Nasdaq has prepared summaries, set of Filing and Immediate Effectiveness Nasdaq has neither solicited nor forth in Sections A, B and C below, of of Proposed Rule Change By the received written comments on the the most significant aspects of such National Association of Securities proposed rule change. statements. Dealers, Inc., To Extend the Pilot for III. Date of Effectiveness of the the Operation of the Short Sale Rule in A. Self-Regulatory Organization’s Proposed Rule Change and Timing for a Decimals Environment Statement of the Purpose of, and Commission Action Statutory Basis for, the Proposed Rule Within 35 days of the date of March 5, 2002. Change publication of this notice in the Federal Pursuant to section 19(b)(1) of the 1. Purpose Register or within such longer period (i) Securities Exchange Act of 1934 as the Commission may designate up to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 On March 2, 2001, the Commission 90 days of such date if it finds such notice is hereby given that on March 1, approved, on a one-year pilot basis longer period to be appropriate and 2002, the National Association of ending March 1, 2002,6 Nasdaq’s publishes its reasons for so finding or Securities Dealers, Inc. (‘‘NASD’’ or proposal to establish a $0.01 above the (ii) as to which the NASD consents, the ‘‘Association’’), through its subsidiary, bid standard for legal short sales in Commission will: the Nasdaq Stock Market, Inc. Nasdaq National Market securities as (A) By order approve such proposed (‘‘Nasdaq’’), filed with the Securities part of the Decimals Implementation rule change, or and Exchange Commission Plan for the Equities and Options (B) Institute proceedings to determine (‘‘Commission’’) the proposed rule Markets. Nasdaq now proposes to whether the proposed rule change change as described in Items I, II and III extend, through April 15, 2002, that should be disapproved. below, which Items have been prepared pilot program. Extension until April 15th, will allow the termination date of IV. Solicitation of Comments by Nasdaq. Nasdaq filed the proposal pursuant to section 19(b)(3)(A) of the the short sale pilot to coincide with the Interested persons are invited to Act,3 and Rule 19b–4(f)(6) 4 thereunder, termination date of Nasdaq’s decimal- submit written data, views and which renders the proposal effective related Manning customer limit order arguments concerning Amendment Nos. upon filing with the Commission. The protection pilot and the termination 1, 2, 3, and 4, including whether the Commission is publishing this notice to date set by the Commission for all amendments are consistent with the solicit comments on the proposed rule decimal-related pilot programs.7 If Act. Persons making written change from interested persons. submissions should file six copies 5 17 CFR 240.19b–4(f)(6)(iii). 6 Securities Exchange Act Release No. 44030 thereof with the Secretary, Securities 15 17 CFR 200.30–2(a)(12). (March 2, 2001), 66 FR 14235 (March 9, 2001). and Exchange Commission, 450 Fifth 1 15 U.S.C. 78s(b)(1). 7 Nasdaq recently filed with the Commission to Street, NW., Washington, DC 20549– 2 17 CFR 240.19b–4. obtain permanent approval of the penny short sale 0609. Copies of the submission, all 3 15 U.S.C. 78s(b)(3)(A). rule. (See SR–NASD 2002–09). Please note that subsequent amendments, all written 4 17 CFR 240.19b–4(f)(6). Nasdaq incorrectly stated in that filing that it had
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approved, Nasdaq would continue At any time within 60 days of the filing For the Commission, by the Division of during the pilot period to require NASD of the proposed rule change, the Market Regulation, pursuant to delegated 13 members seeking to effect ‘‘legal’’ short Commission may summarily abrogate authority. sales when the current best (inside) bid such rule change if it appears to the Jill M. Peterson, displayed by Nasdaq is lower that the Commission that such action is Assistant Secretary. previous bid, to execute those short necessary or appropriate in the public [FR Doc. 02–5780 Filed 3–8–02; 8:45 am] sales at a price that is at least $0.01 interest, for the protection of investors, BILLING CODE 8010–01–U above the current inside bid in that or otherwise in furtherance of the security. Nasdaq believes that purposes of the Act. continuation of this pilot standard SECURITIES AND EXCHANGE Nasdaq has requested the Commission appropriately takes into account the COMMISSION waive both the 5-day notice and 30-day important investor protections provided pre-operative requirements contained in [Release No. 34–45506; File No. SR–NASD– by the short sale rule and the ongoing 11 2002–18] relationship of the valid short sale price Rule 19b–4(f)(6) and has requested amount to the minimum quotation that the Commission accelerate the Self Regulatory Organizations; Notice increment of the Nasdaq market operative date. The Commission finds of Filing of a Proposed Rule Change by (currently also $0.01). good cause to waive both the 5-day the National Association of Securities notice and 30-day pre-operative Dealers, Inc., Relating to Member 2. Statutory Basis requirements because the extension of Transaction Fees Nasdaq believes that the proposed the pilot is consistent with the rule change is consistent with the protection of investors and the public March 5, 2002. provisions of section 15A(b)(6) of the interest. Acceleration of the operative Pursuant to section 19(b)(1) of the Act 8 in that it is designed to: (1) date will allow the pilot to continue Securities Exchange Act of 1934 Promote just and equitable principles of uninterrupted through April 15, 2002, (‘‘Act’’),1 and Rule 19b4 thereunder,2 trade; (2) foster cooperation and the deadline for which self-regulatory notice is hereby given that on February coordination with persons engaged in organizations must file proposed rule 5, 2002, the National Association of regulating, clearing, settling, processing changes to set the minimum price Securities Dealers, Inc. (‘‘NASD’’) information with respect to and variation for quoting in a decimals through its subsidiary, The Nasdaq facilitating transactions in securities; (3) environment. For these reasons, the Stock Market, Inc. (‘‘Nasdaq’’) filed with perfect the mechanism of a free and Commission finds good cause to waive the Securities and Exchange open market and a national market both the 5-day notice and 30-day pre- Commission (‘‘SEC’’ or ‘‘Commission’’) system; and (4) protect investors and the operative requirements.12 the proposed rule change as described public interest. in Items I, II, and III below, which Items IV. Solicitation of Comments have been prepared by Nasdaq. The B. Self-Regulatory Organization’s Commission is publishing this notice to Interested persons are invited to Statement on Burden on Competition solicit comments on the proposed rule submit written data, views, and Nasdaq does not believe that the change, as amended, from interested arguments concerning the foregoing, proposed rule change will impose any persons. inappropriate burden on competition. including whether the proposal is consistent with the Act. Persons making I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s written submissions should file six Statement of the Terms of Substance of Statement on Comments on the copies thereof with the Secretary, the Proposed Rule Change Proposed Rule Change Received From Securities and Exchange Commission, In order to encourage NASD members Members, Participants or Others 450 Fifth Street, NW., Washington, DC to report their trades through Nasdaq, Written comments were neither 20549–0609. Copies of the submission, Nasdaq is proposing to charge lower solicited nor received. all subsequent amendments, all written transaction fees to market participants statements with respect to the proposed that use Nasdaq as their market of III. Date of Effectiveness of the rule change that are filed with the choice for trade reporting, while Proposed Rule Change and Timing for Commission, and all written charging higher fees to market Commission Action communications relating to the participants that avail themselves of Because the foregoing proposed rule proposed rule change between the Nasdaq’s quotation montage or make change does not: Commission and any person, other than limited use of its transaction execution (i) Significantly affect the protection those that may be withheld from the systems but elect to report trades of investors or the public interest; public in accordance with the through other facilities.3 Nasdaq (ii) Impose any significant burden on provisions of 5 U.S.C. 552, will be competition; and available for inspection and copying in 13 17 CFR 200.30–3(a)(12). (iii) Become operative for 30 days the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). from the date on which it was filed, or Room. Copies of such filing will also be 2 17 CFR 240.19b4. such shorter time as the Commission available for inspection and copying at 3 Nasdaq believes that this proposed rule change may designate if consistent with the the principal office of Nasdaq. All establishes or changes a due, fee, or other charge protection of investors and the public imposed by a self-regulatory organization and submissions should refer to file number conceivably could be designated as immediately interest, it has become effective SR–NASD–2002–30 and should be effective under Section 19(b)(3)(A) of the Act, 15 pursuant to section 19(b)(3)(A) of the submitted by April 1, 2002. U.S.C. 78s(b)(3)(A). After discussions with Act 9 and Rule 19b-4(f)(6) thereunder.10 Commission staff, Nasdaq determined that the proposed rule change should be filed under Section 11 Id. 19(b)(2), 15 U.S.C. 78s(b)(2), to provide an filed to extend the short sale pilot until April 15, 12 For purposes only of accelerating the operative opportunity for a more extensive comment process. 2002. date of this proposal, the Commission has If the Commission approves this filing, however, 8 15 U.S.C. 78o–3(b)(6). considered the proposed rule’s impact on Nasdaq reserves the right to file future 9 15 U.S.C. 78s(b)(3)(A). efficiency, competition, and capital formation. 15 modifications to the pricing structure proposed 10 17 CFR 240.19b–4(f)(6). U.S.C. 78c(f). Continued
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requests that the Commission approve represented by trades in Eligible in the preceding month. Nasdaq will the proposal as an amendment to certain Securities that the member reports in request that a member submit data provisions of Nasdaq’s pricing structure accordance with NASD trade reporting demonstrating that it satisfies the that are currently in effect on a pilot rules to ACT by the total number of definition of a Full Contribution basis until October 31, 2002, with the shares represented by all trades in Member if Nasdaq needs such data to proposal taking effect on the first day of Eligible Securities reported to ACT by determine whether a member is a Full the month immediately following NASD members. Contribution Member. Nasdaq will deem approval by the Commission.4 The text (iv) ‘‘Nasdaq UTP Plan’’ shall mean a member that fails to submit such data of the proposed rule change is set forth the Joint Self-Regulatory Plan Governing upon request to be a Partial below. Proposed new language is in the Collection, Consolidation and Contribution Member. italics; proposed deletions are in Dissemination of Quotation and b. ‘‘Partial Contribution Member’’ brackets. Transaction Information for Nasdaq- shall mean an NASD member whose * * * * * Listed Securities Traded on Exchanges Reporting Percentage was less than 95% on an Unlisted Trading Privilege Basis. in the preceding calendar month. 7010. System Services (b)–(h) No change. c. ‘‘Reporting Percentage’’ shall mean (a)(1) No change. (i) Transaction Execution Services the average of: (2) Market Data Revenue Sharing (1) No change. (I) the percentage derived from (A) For a pilot period lasting until (2) Nasdaq National Market Execution dividing the total number of trades in October 31, 2002, [NASD members] Full System (SuperSoes) 5 Eligible Securities (as defined in NASD Contribution Members (as defined in (A) The following charges shall apply Rule 7010(a)(2)(B)) that a member Rule 7010(i)(2)) shall receive a market to the use of the Nasdaq National reports in accordance with NASD trade data revenue sharing credit. The total Market Execution System: reporting rules to the Automated credit shall be calculated in accordance Order Entry Charge—$0.10 per order Confirmation Transaction Service with the following formula: entry (entering party only) (‘‘ACT’’) by the total number of trades Credit = (0.80) × (Eligible Revenue) × Per Share Charge—$0.001 per share in Eligible Securities that such member (Member’s Volume Percentage) executed for all fully or partially reports to all self-regulatory (B) Definitions. The following executed orders (entering party only) organizations and securities information definitions shall apply to this Rule: Cancellation Fee—$0.25 per order processors, and (i) ‘‘Eligible Revenue’’ shall mean: cancelled (canceling party only) (II) the percentage derived from dividing the total number of shares a. The portion of the net distributable (B)(i) For a pilot period [commencing represented by trades in Eligible revenues that Nasdaq, through the on November 1, 2001 and] lasting until Securities that such member reports in NASD, is eligible to receive under the October 31, 2002, the per share charge accordance with NASD trade reporting Nasdaq UTP Plan, that is attributed to will be [$0.002 per share executed for rules to ACT by the total number of the Nasdaq Level 1 Service for Eligible all fully or partially executed orders shares represented by all trades in Securities, minus (entering party only).] determined as b. The portion of the fee charged to Eligible Securities that such member follows: Nasdaq by NASD Regulation, Inc. for reports to all self-regulatory regulatory services allocated to the Full Contribution Members: $0.002 per organizations and securities information Nasdaq Level 1 Service for Eligible share executed for all fully or partially processors. Securities. executed orders (entering party only) If Nasdaq determines that a member (ii) ‘‘Eligible Securities’’ shall mean Partial Contribution Members: $0.0025 is causing a significant percentage of all Nasdaq National Market securities per share executed for all fully or trades to be reported through an affiliate and any other security that meets the partially executed orders (entering primarily for the purpose of maintaining definition of ‘‘Eligible Security’’ in the party only) its Reporting Percentage above 95%, Nasdaq UTP Plan. (ii) Definitions. The following Nasdaq will consider trades reported (iii) ‘‘Member’s Volume Percentage’’ definitions shall apply to this Rule: through such affiliate to be trades shall mean the average of: a. ‘‘Full Contribution Member’’ shall reported by the member for purposes of a. The percentage derived from mean an NASD member whose calculating the Reporting Percentage. dividing the total number of trades in Reporting Percentage was at least 95% (3)–(4) No change. Eligible Securities that the member (5) Quotation Updates reports in accordance with NASD trade 5 In Securities Exchange Act Release No. 44391 (A) Except as provided in reporting rules to the Automated (Oct. 12, 2001), 66 FR 53276 (Oct. 19, 2001) (SR– subparagraph (B), for a pilot period Confirmation Transaction Service NASD–2001–72), Nasdaq has proposed amending [commencing on February 1, 2002 and] NASD Rule 7010(i)(2) to include a definition of lasting until October 31, 2002, a fee of (‘‘ACT’’) by the total number of trades ‘‘Participating UTP Exchange’’ and to set the price in Eligible Securities reported to ACT by for trade executions through the NNMS by $0.01 per quotation update will be NASD members, and Participating UTP Exchanges at $0.003 per share. charged to [NASD members] Full b. The percentage derived from Nasdaq proposed to define ‘‘Participating UTP Contribution Members that post dividing the total number of shares Exchange’’ as any registered national securities quotations in the Nasdaq quotation exchange that has unlisted trading privileges (a ‘‘UTP Exchange’’) in Nasdaq-listed securities montage, and a fee of $0.02 per herein under Section 19(b)(3)(A). See discussion pursuant to the Joint Self-Regulatory Plan quotation update will be charged to infra at n.8. Governing the Collection, Consolidation, and Partial Contribution Members that post 4 It should be noted that Nasdaq will file a new Dissemination of Quotation and Transaction quotations in the Nasdaq quotation pricing structure for its SuperMontage system, Information for Nasdaq-Listed Securities Traded on which is expected to become operational later this an Unlisted Trading Privilege Basis (the ‘‘Nasdaq montage. A ‘‘quotation update’’ year, and that the new pricing structure will replace UTP Plan’’ or the ‘‘Plan’’) and that elects to includes any change to the price or size the current pricing structure for the Nasdaq participate in the NNMS. Nasdaq represents that of a displayed quotation or reserve size. National Market Execution System (the ‘‘NNMS’’ or depending on the order in which SR–NASD–2001– (B) A quotation update fee will not be ‘‘SuperSOES’’) and SelectNet systems, including 72 and this filing are approved, it will submit pricing pilots that are in effect. Certain aspects of conforming amendments either to SR–NASD–2001– charged for a change in the displayed the new pricing structure, however, may resemble 72 or to this filing to reflect the approval of the quotation or reserve size that is the current structure. other filing. performed automatically by the Nasdaq
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National Market Execution System market.8 On November 29, 2001, after controls, is controlled by, or is under (‘‘NNMS’’) when an execution against discussions with Commission staff, common control with a member) the quotation occurs (other than a Nasdaq withdrew SR–NASD–2001–71 primarily for the purpose of maintaining change performed by the ‘‘Autoquote prior to the date scheduled for its its Reporting Percentage above 95%, Refresh’’ functionality of the NNMS, for implementation, December 1, 2001, to Nasdaq will consider trades reported which a fee will be assessed). allow Nasdaq to make adjustments to through such affiliate to be trades (j)–(p) No change. the mechanism for market data revenue reported by the member for purposes of sharing and the quotation update calculating the Reporting Percentage. * * * * * charge, and to provide interested This flexibility in the application of the II. Self-Regulatory Organization’s persons with a greater opportunity to rule is necessary to ensure that a Statement of the Purpose of, and comment on aspects of the proposal member does not evade the intent of the Statutory Basis for, the Proposed Rule concerning differentiation among rule by conducting non-Nasdaq business Change members. On December 27, 2001, through an affiliate while retaining its Nasdaq refiled a proposal to introduce own status as a Full Contribution In its filing with the Commission, a quote update fee and market data Member for the business that it does Nasdaq included statements concerning revenue sharing program.9 conduct through Nasdaq. the purpose of, and basis for, the In this filing, Nasdaq is offering The per share charge for the execution proposed rule change and discussed any incentives to market participants that of orders in the NNMS will remain comments it received on the proposed support Nasdaq operations through $0.002 per share for Full Contribution rule change. The text of these statements trade reporting. The proposal delineates Members, while Partial Contribution may be examined at the places specified two types of members. A ‘‘Full Members will pay $0.0025 per share.11 in Item IV below. Nasdaq has prepared Contribution Member’’ is defined as an Nasdaq’s new quotation update fee, summaries, set forth in Sections A, B, NASD member that reports at least 95% which went into effect on February 1, and C below, of the most significant of the trades that it reports through the 2002, will remain $0.01 per quotation aspects of such statements. Automated Confirmation Transaction update for Full Contribution Members System (‘‘ACT’’), Nasdaq’s trade but will be increased to $0.02 per A. Self-Regulatory Organization’s reporting system, either directly or as a update for Partial Contribution Statement of the Purpose of, and result of an execution through a Nasdaq Members.12 Finally, Nasdaq’s new Statutory Basis for, the Proposed Rule transaction execution system. The market data revenue sharing program, Change percentage would be measured with which also went into effect on February 1. Purpose reference to both the total number of 1, 2002, will be modified to make it trades and the total number of shares available only to Full Contribution On September 28, 2001, Nasdaq filed represented by those trades. All other Members. proposed rule changes to make NASD members will be considered Nasdaq represents that it is proposing modifications to the pricing structure ‘‘Partial Contribution Members’’ under these changes to its pricing structure in for the NNMS and SelectNet service.6 the proposal. order to meet the competitive challenges Nasdaq designed these changes as an A member’s status will be evaluated posed by UTP Exchanges. From 1986 interim modification to begin the on a monthly basis, with reference to until 1999, only the Chicago Stock process of aligning the charges to market trade reporting activity during the Exchange, Inc. (‘‘CHX’’) traded Nasdaq- participants for using the NNMS and preceding month. Nasdaq will request listed securities pursuant to the Nasdaq SelectNet more closely with the costs of that a member submit data UTP Plan, and only on a very limited providing these services and the demonstrating that it satisfies the scale. In late 1999 and early 2000, benefits that they provide to market definition of a Full Contribution however, trading volumes in Nasdaq participants. On October 4, 2001, Member if it needs such data to securities expanded dramatically. As a Nasdaq filed additional rule changes to determine the status of a particular result, five additional exchanges—the increase the per share charge for use of member, and will deem a member that Cincinnati Stock Exchange, Inc. the NNMS and introduce a liquidity fails to submit such data upon request (‘‘CSE’’), the Philadelphia Stock provider rebate for NASD members.7 to be a Partial Contribution Member.10 Exchange, Inc. (‘‘Phlx’’), the Pacific On October 9, 2001, Nasdaq filed a In addition, if Nasdaq determines that a Exchange, Inc. (‘‘PCX’’), the American proposed rule change—SR–NASD– member is causing a significant Stock Exchange LLC (‘‘AMEX’’), and the 2001–71—to introduce a mechanism for percentage of trades to be reported Boston Stock Exchange, Inc. (‘‘BSE’’)— sharing market data revenue with NASD through an affiliate (i.e. a person that have commenced, or announced their members, to introduce a quotation intention to commence, trading of update charge, and to modify the fees 8 See Securities Exchange Act Release No. 44918 for use of the NNMS and the liquidity (Oct. 10, 2001), 66 FR 52814 (Oct. 17, 2001) (SR– 11 In SR–NASD–2001–72, Nasdaq proposed NASD–2001–71). Nasdaq withdrew SR–NASD– amending NASD Rule 7010(i)(2) to provide that provider rebate in order to calibrate the 2001–71 by letter dated November 29, 2001. Also Participating UTP Exchanges will pay $0.003 per level of fees and rebates to the on October 9, 2001, Nasdaq filed a proposed rule share for NNMS executions. Nasdaq proposed to contributions that types of members change to increase the per share charge payable by define a ‘‘Participating UTP Exchange’’ as any UTP make to the support of the Nasdaq UTP Exchanges that use the NNMS. See Securities Exchange that elects to participate in the NNMS. Exchange Act Release No. 44391 (Oct 12, 2001), 66 Other UTP Exchanges access the Nasdaq market FR 53276 (Oct. 19, 2001) (SR–NASD–2001–72). through telephone linkages and therefore are not 6 See Securities Exchange Act Release No. 44899 9 See Securities Exchange Act Release No. 45342 assessed charges for the use of Nasdaq transaction (Oct. 2, 2001), 66 FR 51707 (Oct. 10, 2001) (SR– (Jan. 28, 2002), 67 FR 5109 (Feb. 1, 2002) (SR– execution systems. Depending on the order in NASD–2001–63); Securities Exchange Act Release NASD–2001–96). The proposal was effective upon which SR–NASD–2001–72 and this filing are No. 44898 (Oct. 2, 2001), 66 FR 51703 (Oct. 10, filing and was implemented on February 1, 2002. approved, Nasdaq will submit conforming 2001) (SR–NASD–2001–64). 10 To eliminate any administrative burdens amendments either to SR–NASD–2001–72 or to this 7 See Securities Exchange Act Release No. 44914 associated with verification of a member’s status, a filing to reflect the approval of the other filing. (Oct. 9, 2001), 66 FR 52649 (Oct. 16, 2001) (SR– member could authorize the NASD to certify its 12 However, quote updates that are performed NASD–2001–68); Securities Exchange Act Release status to Nasdaq on the basis of Order Audit Trail automatically by SuperSOES as the result of trade No. 44910 (Oct. 5, 2001), 66 FR 52167 (Oct. 12, System (‘‘OATS’’) data. Nasdaq, however, would executions would continue to be free for all 2001) (SR–NASD–2001–67). not have access to the member’s OATS data. members.
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Nasdaq-listed securities pursuant to 2. Statutory Basis not result in the member paying unlisted trading privileges. Moreover, Nasdaq believes that the proposed unreasonably high fees for the services some UTP Exchanges are aggressively rule change is consistent with the Act, that it does obtain from Nasdaq. pursuing the trade reporting revenue including section 15A(b)(5) of the Act,13 B. Self-Regulatory Organization’s associated with internalized trades and which requires that the rules of the Statement on Burden on Competition trades conducted through the facilities NASD provide for the equitable Nasdaq does not believe that the of electronic communications networks. allocation of reasonable fees, dues, and proposed rule change will impose any Nasdaq has every intention of being an other charges among members and burden on competition that is not active participant in the competition for issuers and other persons using any necessary or appropriate in furtherance trade execution and reporting. facility or system which the NASD of the purposes of the Act. Nasdaq operates or controls, and section Nasdaq represents that self-regulatory believes that the proposal is designed as 15A(b)(6) of the Act,14 which requires organization pricing structures routinely a reasonable response to the competitive rules that are not designed to permit distinguish among members on the basis challenges posed by UTP Exchanges. of level of usage of a particular system. unfair discrimination between customers, issuers, brokers or dealers. In UTP Exchanges are actively seeking to For example, Nasdaq’s current pricing encourage market participants to report for liability orders executed through its Nasdaq’s view, these provisions require Nasdaq to establish prices that provide trades in Nasdaq securities through their SelectNet service charges $0.90 per facilities. In order to remain order for the first 25,000 orders that a similar treatment to similarly situated members; they do not require Nasdaq to competitive, Nasdaq believes that it member executes during a month, but must create incentives for market only $0.60 for the next 25,000, and provide identical treatment to all market participants without regard to their level participants to report trades through $0.10 for the next 200,000, with all Nasdaq. remaining orders being free. Thus, a of participation in the market. As the Commission has noted in the member that conducts a great deal of C. Self-Regulatory Organization’s context of another self-regulatory business through SelectNet will pay a Statement on Comments on the organization’s fees, the Act ‘‘prohibits lower per order charge than a member Proposed Rule Change Received From ‘unfair discrimination,’ not Members, Participants, or Others that conducts relatively little business. ‘discrimination’ simpliciter * * *’’ .15 Similarly, the distinction between Nasdaq believes that the proposed fee The Commission received a number Full Contribution Members and Partial structure distinguishes among market of comment letters that referenced SR– Contribution Members recognizes that participants in order to reward those NASD–2001–71, a proposed rule change although most members are well- who do the most to finance market that contained a proposal similar to the integrated into Nasdaq’s market innovations such as SuperSOES and proposal contained in this filing but that structure and would therefore be who contribute the most to the liquidity was withdrawn prior to its considered Full Contribution Members, and efficient operation of Nasdaq’s implementation. SR–NASD–2001–71 other members may choose not to use market, while imposing higher fees on was withdrawn for the specific purpose Nasdaq as their market of first choice for market participants that receive the of allowing interested persons a greater trade reporting. For example, a member benefits of posting quotations on Nasdaq opportunity to comment on the proposal may use Nasdaq’s quotation montage to systems but pay relatively little to in isolation from other changes to advertise available liquidity, but the support the operation of those systems. Nasdaq’s pricing structure that were quote may be accessed through non- Thus, the economic incentives filed with SR–NASD–2001–71 and in Nasdaq systems and reported to a UTP embodied by the new fee structure are other contemporaneous filings relating to Nasdaq fees. Accordingly, Nasdaq Exchange. Nasdaq believes that it must designed to promote behavior that proposes to respond to any written ensure that the capacity of its quotation benefits both the market structure that comments received on the proposed engine is adequate to support the Nasdaq offers to investors and Nasdaq rule change contained herein after the member’s quotation activity and it must as a business. As another self-regulatory proposed rule change has been finance the regulatory infrastructure that organization noted when it established published for comment and the oversees the member’s activities on a credit available only to certain of its comment period has expired. Nasdaq Nasdaq and the market in general, but market participants, ‘‘measures * * * did not solicit or receive written it would receive proportionately less designed to promote and encourage comments on the proposed rule change revenue from the member than from a certain behaviors and/or discourage contained herein. comparable member that reported trades others * * * [are] an appropriate, 16 through ACT. Accordingly, when a nondiscriminatory business strategy.’’ III. Date of Effectiveness of the Moreover, Nasdaq believes that the Partial Contribution Member chooses to Proposed Rule Change and Timing for level of fees charged to market use Nasdaq systems for quotation or Commission Action participants under the proposal is trade execution, Nasdaq believes that it reasonable. By definition, a Partial Within 35 days of the date of should be permitted to assess a higher Contribution Member will make less use publication of this notice in the Federal charge than it does on a Full of Nasdaq systems than a Full Register or within such longer period (i) Contribution Member. The distinction Contribution Member. Accordingly, as the Commission may designate up to between types of members is assessing higher fees on the former will 90 days of such date if it finds such comparable to any other pricing longer period to be appropriate and structure that offers lower prices to 13 15 U.S.C. 78o–3(b)(5). publishes its reasons for so finding or regular users of a service but charges 14 15 U.S.C. 78o–3(b)(6). (ii) as to which the NASD consents, the higher prices to less regular users. 15 Securities Exchange Act Release No. 37250 Commission will: Unlike a system of volume-based (May 29, 1996), 61 FR 28629 (June 5, 1996) (SR– (A) By order approve such proposed discounts, however, the proposal would CBOE–96–23) (quoting Timpinaro v. SEC, 2 F.3d rule change, or 453, 456 (D.C. Cir. 1993)). not disadvantage small firms that report 16 Securities Exchange Act Release No. 44292 (B) Institute proceedings to determine most of their trades through Nasdaq but (May 11, 2001), 66 FR 27715 (May 18, 2001) (SR– whether the proposed rule change do not achieve a high volume. Phlx–2001–49). should be disapproved.
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IV. Solicitation of Comments the proposed rule change as described National Market (‘‘NNM’’) securities on Interested persons are invited to in Items I and II below, which Items an eighteen-month pilot basis through 3 submit written data, views, and have been prepared by Nasdaq. The March 5, 1996. The NASD and the arguments concerning the foregoing, Commission is publishing this notice to Commission have extended Rule 3350 including whether the proposed rule solicit comments on the proposed rule numerous times, most recently, until change is consistent with the Act. change from interested persons. March 1, 2002. Rule 3350 employs a ‘‘bid’’ test rather than a tick test because Persons making written submissions I. Self-Regulatory Organization’s should file six copies thereof with the Nasdaq trades are not necessarily Statement of the Terms of Substance of reported to the tape in chronological Secretary, Securities and Exchange the Proposed Rule Change Commission, 450 Fifth Street, NW., order. The Rule prohibits short sales at Nasdaq is proposing to extend the Washington, DC 20549–0609. Copies of or below the inside bid when the pilot program of the NASD short sale the submission, all subsequent current inside bid is below the previous rule (‘‘Rule 3350’’) from March 1, 2002 amendments, all written statements inside bid. Nasdaq calculates the inside until December 15, 2002. Nasdaq is also with respect to the proposed rule bid from all market makers in the seeking to continue the suspension of security (including bids for exchanges change that are filed with the the effectiveness of the Primary Market trading Nasdaq securities on an unlisted Commission, and all written Maker (‘‘PMM’’) standards currently set trading privileges basis), and communications relating to the forth in NASD Rule 4162 also from disseminates symbols to denote whether proposed rule change between the March 1, 2002 until December 15, 2002. the current inside bid is an ‘‘up-bid’’ or Commission and any person, other than The text of the proposed rule change is a ‘‘down-bid.’’ To effect a ‘‘legal’’ short those that may be withheld from the as follows. Additions are italicized; sale on a down-bid, the short sale must public in accordance with the deletions are bracketed. be executed at a price at least $.01 above provisions of 5 U.S.C. 552, will be the current inside bid. Rule 3350 is in available for inspection and copying at NASD Rule 3350 effect from 9:30 a.m. until 4 p.m. each the Commission’s Public Reference * * * * * trading day. Room. Copies of such filing will also be (l) This section shall be in effect until To reduce the compliance burdens on available for inspection and copying at December 15, 2002 [March 1, 2002]. its members, Rule 3350 also the principal office of the NASD. All incorporates seven exemptions II. Self-Regulatory Organization’s submissions should refer to File No. contained in Rule 10a–1 under the Act, Statement of the Purpose of, and SR–NASD–2002–18 and should be that are relevant to trading on Nasdaq.4 Statutory Basis for, the Proposed Rule submitted by April 1, 2002. For example, in an effort to not Change For the Commission, by the Division of constrain the legitimate hedging needs Market Regulation, pursuant to delegated In its filing with the Commission, of options market makers, Rule 3350 authority.17 Nasdaq included statements concerning also contains a limited exception for Jill M. Peterson, the purpose of and basis for the standardized options market makers. Assistant Secretary. proposed rule change. The text of these The Rule also contains an exemption for [FR Doc. 02–5781 Filed 3–8–02; 8:45 am] statements may be examined at the warrant market makers similar to the BILLING CODE 8010–01–U places specified in Item III below. one available for options market makers. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of B. Background of the Primary Market SECURITIES AND EXCHANGE the most significant aspects of such Maker Standards COMMISSION statements. To ensure that market maker activities that provide liquidity and continuity to [Release No. 34–45499, File No. SR–NASD– A. Background and Description of the the market are not adversely constrained 98–26 Amend. No. 12] NASD’s Short Sale Rule when the Rule is invoked, Rule 3350 Self-Regulatory Organizations; Section 10(a) of the Act gives the provides an exemption for ‘‘qualified’’ National Association of Securities Commission plenary authority to Nasdaq market makers (i.e., market Dealers, Inc.; Notice of Filing and regulate short sales of securities makers that meet the PMM standards). Order Granting Accelerated Approval registered on a national securities Presently, NASD Rule 4612 provides to Amendment No. 12 to a Proposed exchange, as needed to protect Rule Change Relating to an Extension investors. Although the Commission has 3 under the Act, which is incorporated into of the NASD Short Sale Rule and regulated short sales since 1938, that Nasdaq’s short sale rule by NASD Rule 3350(k)(1). 3 See Securities Exchange Act Release No. 34277 Continued Suspension of Primary regulation has been limited to short sales of exchange-listed securities. In (June 29, 1994), 59 FR 34885 (July 7, 1994) (‘‘Short Market Maker Standards Set Forth in Sale Rule Approval Order’’). NASD Rule 4612 1992, Nasdaq, believing that short-sale 4 See NASD Rule 3350(c)(2)–(8). The Rule also regulation is important to the orderly provides that a member not currently registered as March 4, 2002. operation of securities markets, a Nasdaq market maker in a security that has Pursuant to section 19(b)(1) of the proposed a short sale rule for trading of acquired the security while acting in the capacity of a block positioner shall be deemed to own such Securities Exchange Act of 1934 its National Market securities that security for the purposes of the Rule (‘‘Act’’) 1 notice is hereby given that on incorporates the protections provided notwithstanding that such member may not have a February 28, 2002, the National by Rule 10a–1 under the Act. On June net long position in such security if and to the Association of Securities Dealers, Inc., 29, 1994, the SEC approved Rule 3350 extent that such member’s short position in such 2 security is subject to one or more offsetting through its subsidiary, The Nasdaq applicable to short sales in Nasdaq positions created in the course of bona fide Stock Market, Inc. (‘‘Nasdaq’’) filed with arbitrage, risk arbitrage, or bona fide hedge the Securities and Exchange 2 A short sale is a sale of a security that the seller activities. In addition, the NASD has recognized Commission (‘‘Commission’’ or ‘‘SEC’’) does not own or any sale that is consummated by that SEC staff interpretations to Rule 10a–1 under the delivery of a security borrowed by, or for the the Act dealing with the liquidation of index account of, the seller. To determine whether a sale arbitrage positions and an ‘‘international equalizing 17 17 CFR 200.30–3(a)(12). is a short sale members must adhere to the exemption’’ are equally applicable to the NASD’s 1 15 U.S.C. 78s(b)(1). definition of a ‘‘short sale’’ contained in Rule 3b– short sale rule.
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that a member registered as a Nasdaq to receive informal feedback on the new sale regulation pilot program. When the market maker pursuant to NASD Rule PMM standards. This meeting occurred Commission approved the NASD’s short 4611 may be deemed a PMM if that on December 9, 1998. At the conclusion sale rule on a pilot basis, it made member meets certain threshold of the meeting, Commission staff noted specific findings that the Rule was standards. the progress made by the Subcommittee consistent with sections 11A, 15A(b)(6), Since Rule 3350 has been in effect, and requested time to digest and more 15A(b)(9), and 15A(b)(11) of the Act. there have been three methods used to carefully analyze the proposed new Specifically, the Commission stated determine whether a market maker is PMM standards. that, ‘‘recognizing the potential for eligible for the market maker exemption. On July 29, 1999, members of the problems associated with short selling, Specifically, from September 4, 1994 Nasdaq staff conducted a conference the changing expectations of Nasdaq through February 1, 1996, Nasdaq call with members of the Commission market participants and the competitive market makers that maintained a staff to receive feedback on the PMM disparity between the exchange markets quotation in a particular NNM security standards that Nasdaq presented at the and the OTC market, the Commission for 20 consecutive business days were December 9, 1998 meeting. During the believes that regulation of short selling exempt from the Rule for short sales in meeting, the Commission staff requested of Nasdaq National Market securities is that security, provided the short sales that Nasdaq modify several of the consistent with the Act.’’ 9 In addition, were made in connection with bona fide proposed standards and analyze the the Commission stated that it ‘‘believes market making activity (‘‘the 20-day’’ impact of those modifications on the that the NASD’s short sale bid-test, test). From February 1, 1996 until the primary market maker determination. including the market maker exemptions, February 14, 1997, the ‘‘20-day’’ test On September 27, 1999, Nasdaq was replaced with a four-part is a reasonable approach to short sale reported that the NASD Economic regulation of Nasdaq National Market quantitative test known as the PMM Research staff had analyzed data based standards.5 securities and reflects the realities of its on the Commission’s recommended market structure.’’ 10 Nasdaq believes On February 14, 1997, the PMM revisions, and concluded that the the benefits that the Commission standards were waived for all NNM Commission’s modified standards recognized when it first approved Rule securities due to the effects of the SEC’s produced unfavorable results. Nasdaq 3350 apply with equal force today. Order Handling Rules and requested that the Commission corresponding NASD rule change and comment on the outcome of this test ‘‘as Similarly, the concerns that caused system modifications on the operation we intend to communicate your the Commission to waive the PMM of the four quantitative standards.6 For comments to the Subcommittee in an standards in February 1997 continue to example, among other effects, the effort to resume the process of exist today. Nasdaq and the Commission requirement that market makers display developing new standards.’’ 8 agreed to waive the PMM standards for customer limit orders adversely affected Nasdaq suspended development of three reasons that were discovered only the ability of market makers to satisfy PMM standards in late-1999 after the after the Order Handling Rules were the ‘‘102% Average Spread Standard’’. Commission signaled the securities implemented.11 Through late-1999, Since that time all market makers have industry that it is considering Nasdaq worked diligently to address been designated as PMMs. fundamental changes to Rule 10a–1 those concerns to the Commission’s In March 1998, Nasdaq proposed under the Act, changes that could affect satisfaction, including convening a PMM standards that received the manner in which Nasdaq and the special subcommittee on PMM issues, 7 substantially negative comments. In other markets regulate short sales. In proposing two different sets of PMM light of those comments, Nasdaq staff October 1999, the Commission issued a standards, and being continuously convened an advisory subcommittee to Concept Release on Short Sales in available and responsive to Commission develop new PMM standards which it sought comment on, among staff to discuss this issue. Despite these (‘‘Subcommittee’’) in August 1998. The other things, revising the definition of efforts, the Commission and Nasdaq Subcommittee met nine times and short sale, extending short sale were unable to establish satisfactory formulated new PMM standards. NASD/ regulation to non-exchange listed PMM standards. At the request of Nasdaq staff requested to meet with the securities, and eliminating short sale Commission staff, Nasdaq has begun Commission staff and the Subcommittee regulation altogether. Nasdaq believed developing PMM standards suitable to that it would be inappropriate for today’s rapidly changing marketplace. 5 Under the PMM standards, a market maker was required to satisfy at least two of the following four Nasdaq to dramatically alter its Re-instating the PMM standards set criteria each month to be eligible for an exemption regulation of short sales while the forth in NASD Rule 4612 would be from the short sale rule: (1) The market maker must Commission is considering extremely disruptive to the market and be at the best bid or best offer as shown on Nasdaq fundamentally changing Rule 10a–1 harmful to investors. no less that 35 percent of the time; (2) the market maker must maintain a spread no greater than 102 under the Act. At the request of the staff percent of the average dealer spread; (3) no more of the Division of Market Regulation, 9 See Short Sale Rule Approval Order, supra note than 50 percent of the market maker’s quotation Nasdaq has resumed development of 3. updates may occur without being accompanied by PMM standards and has been working 10 Id. a trade execution of at least one unit of trading; or with the Commission staff toward that 11 Implementation of the Order Handling Rules (4) the market maker executes 11⁄2 times its created the following three issues: (1) Many market ‘‘proportionate’’ volume in the stock. If a PMM did goal. makers voluntarily chose to display customer limit not satisfy the threshold standards after a particular C. Proposal To Extend the Short Sale orders in their quotes although the Limit Order review period, the market maker lost its designation Display Rule did not require it at that time; (2) as a PMM (i.e., the ‘‘P’’ next to its market maker Rule and Suspend the PMM Standards SOES decrementation for all Nasdaq stocks identification was removed). Market makers could Nasdaq believes that it is in the best significantly affected market makers’ ability to meet requalify for designation as a PMM by satisfying the several of the primary market maker standards; and threshold standards in the next review period. interest of investors to extend the short (3) with the inability to meet the existing criteria 6 See Securities Exchange Act Release No. 38294 for a larger number of securities, a market maker (February 17, 1997), 62 FR 8289 (February 24, 8 See Letter, dated September 27, 1999 from John may be prevented from registering as a primary 1997). F. Malitzis, Assistant General Counsel, Nasdaq, to market maker in an initial public offering because 7 See Securities Exchange Act Release No. 39189 Richard Strasser, Assistant Director, Division of it fails to meet the 80% primary market maker test (March 30, 1998), 63 FR 16841 (April 6, 1998). Market Regulation, SEC. contained in Rule 4612(g)(2)(B).
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D. Self-Regulatory Organization’s The Commission finds that the SECURITIES AND EXCHANGE Statement on Burden on Competition continuation of the Short Sale Rule Pilot COMMISSION Nasdaq believes that the proposed and the continued suspension of the [Release No. 34–45503; File No. SR–NASD– rule change will not result in any PMM standards will maintain the status 2002–29] burden on competition that is not quo while the Commission is necessary or appropriate in furtherance considering amending Rule 10a–1 under Self-Regulatory Organizations; Notice of the purposes of the Act. the Act. This extension of the pilot and of Filing and Immediate Effectiveness continued suspension of the PMM of Proposed Rule Change by the E. Self-Regulatory Organization’s standards is subject to modification or National Association of Securities Statement on Comments on the revocation should the Commission Dealers, Inc. To Extend a Pilot Program Proposed Rule Change Received From amend Rule 10a–1 under the Act in a Making Available Certain Nasdaq Members, Participants, or Others manner as to deem the extension or Services and Facilities Until 6:30 p.m. Comments were neither solicited nor suspension unnecessary or in conflict Eastern Time received. with any adopted amendments.13 March 5, 2002. III. Solicitation of Comments The Commission finds good cause for Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Interested persons are invited to approving the extension of the Short (‘‘Act’’),1 and Rule 19b–4 thereunder,2 submit written data, views, and Sale Rule Pilot and the suspension of notice is hereby given that on March 4, arguments concerning the foregoing, existing PMM standards prior to the 2002, the National Association of including whether the proposed rule 30th day after the date of publication of Securities Dealers, Inc. (‘‘NASD’’ or change is consistent with the Act. notice of the filing in the Federal ‘‘Association’’), through its subsidiary, Persons making written submissions Register. It could disrupt the Nasdaq The Nasdaq Stock Market, Inc. should file six copies thereof with the market and confuse market participants (‘‘Nasdaq’’) filed with the Securities and Secretary, Securities and Exchange to reintroduce the previous PMM Exchange Commission (‘‘Commission’’) Commission, 450 Fifth Street, NW, standards while new PMM standards the proposed rule change as described Washington, DC 20549–0609. Copies of are being developed, and while the in Items I, II and III below, which Items the submission, all subsequent Commission considers amending Rule have been prepared by Nasdaq. Nasdaq amendments, all written statements 10a–1 under the Act. filed the proposal pursuant to Section with respect to the proposed rule It is therefore ordered, pursuant to 19(b)(3)(A) of the Act,3 and Rule 19b– change that are filed with the section 19(b)(2) of the Act,14 that 4(f)(6) thereunder,4 which renders the Commission, and all written Amendment No. 12 to the proposed rule proposal effective upon filing with the communications relating to the Commission.5 The Commission is proposed rule change between the change, SR–NASD–98–26, which publishing this notice to solicit Commission and any person, other than extends the NASD Short Sale Rule Pilot comments on the proposed rule change those that may be withheld from the and suspends the PMM standards from interested persons. public in accordance with the through December 15, 2002, is approved provisions of 5 U.S.C. 552, will be on an accelerated basis.15 I. Self-Regulatory Organization’s available for inspection and copying in For the Commission, by the Division of Statement of the Terms of Substance of the Commission’s Public Reference Market Regulation, pursuant to delegated the Proposed Rule Change Room. Copies of the filing will also be authority.16 Nasdaq proposes to extend through available for inspection and copying at Jill M. Peterson, September 1, 2002 its pilot program the principal office of the NASD. All Assistant Secretary. making available several Nasdaq submissions should refer to the file [FR Doc. 02–5782 Filed 3–8–02; 8:45 am] services and facilities until 6:30 P.M. number in the caption above and should Eastern Time. No substantive changes BILLING CODE 8010–01–U be submitted by April 1, 2002. are being made to the pilot program, IV. Commission’s Findings and Order other than extending the operation of Granting Accelerated Approval of the the pilot program through September 1, Amendment 2002. The text of the proposed rule change is available at the Association After careful consideration, the and at the Commission. Commission finds, for the reasons set forth below, that the extension of the II. Self-Regulatory Organization’s Short Sale Rule Pilot and the Statement of the Purpose of, and suspension of the existing PMM Statutory Basis for, the Proposed Rule standards until December 15, 2002 is Change consistent with the requirements of the In its filing with the Commission, Act and the rules and regulations Nasdaq included statements concerning thereunder. In particular, the extension the purpose of and basis for its proposal is consistent with section 15A(b)(6) 12 of and discussed any comments it received the Act, which requires that the NASD’s regarding the proposal. The text of these rules be designed, among other things, 13 Absent an exemption, Rule 10a–1 under the Act would apply to Nasdaq on Commission to remove impediments to and perfect 1 15 U.S.C. 78s(b)(1). approval of its exchange registration. the mechanism of a free and open 2 17 CFR 240.19b–4. 14 15 U.S.C. 78s(b)(2). 3 15 U.S.C. 78s(b)(3)(A). market and a national market system 15 In approving Amendment No. 12, the 4 17 CFR 240.19b–4(f)(6). and to promote just and equitable Commission has considered its impact on principles of trade. 5 Nasdaq asked the Commission to waive the 5- efficiency, competition, and capital formation. 15 day pre-filing notice requirement and the 30-day U.S.C. 78c(f). operative delay. See Rule 19b–4(f)(6)(iii). 17 CFR 12 15 U.S.C. 78o–3(b)(6). 16 17 CFR 200.30–3(a)(12). 240.19b–4(f)(6)(iii).
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statements may be examined at the may designate, it has become effective For the Commission, by the Division of places specified in Item IV below. pursuant to Section 19(b)(3)(A) of the Market Regulation, pursuant to delegated 11 Nasdaq has prepared summaries, set Act 8 and Rule 19b–4(f)(6) thereunder.9 authority. forth in Sections A, B and C below, of At any time within 60 days of the filing Jill M. Peterson, the most significant aspects of such of the proposed rule change, the Assistant Secretary. statements. Commission may summarily abrogate [FR Doc. 02–5783 Filed 3–8–02; 8:45 am] A. Self-Regulatory Organization’s such rule change if it appears to the BILLING CODE 8010–01–P Statement of the Purpose of, and Commission that such action is necessary or appropriate in the public Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Change interest, for the protection of investors, or otherwise in furtherance of the COMMISSION 1. Purpose purposes of the Act. [Release No. 34–45508; File No. SR–NASD– Nasdaq proposes to extend through Nasdaq has requested that the 00–76] September 1, 2002 its current pilot Commission waive the 5-day pre-filing program that makes available certain Self-Regulatory Organizations; Notice notice requirement and accelerate the of Filing of Amendment Nos. 2 and 3 Nasdaq systems and facilities until 6:30 operative date. The Commission finds P.M. Eastern Time. The pilot will to a Proposed Rule Change by the good cause to waive the 5-day pre-filing National Association of Securities continue to operate under the same notice requirement and the 30-day terms and conditions as set forth in the Dealers, Inc. Relating to Locked and operative waiting period, because such Commission’s original approval order, Crossed Markets That Occur at or Prior designation is consistent with the including mandating 90-second trade to the Market Open protection of investors and the public reporting until 6:30 P.M. Eastern Time.6 interest. Acceleration of the operative March 5, 2002. 2. Statutory Basis date will allow the pilot program to Pursuant to section 19(b)(1) of the Nasdaq believes that the proposal is continue without interruption through Securities Exchange Act of 1934 1 consistent with the provisions of September 1, 2002. For these reasons, (‘‘Exchange Act’’), and Rule 19b–4 2 Section 15A(b)(6) of the Act 7 in that it the Commission finds good cause to thereunder, notice is hereby given that is designed to prevent fraudulent and waive both the 5-day pre-filing notice the National Association of Securities manipulative acts and practices, to requirement and the 30-day operative Dealers, Inc. (‘‘NASD’’), through its promote just and equitable principles of waiting period.10 subsidiary, the Nasdaq Stock Market, trade, to foster cooperation and Inc. (‘‘Nasdaq’’), filed with the IV. Solicitation of Comments coordination with persons engaged in Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) Amendment regulating, clearing, settling, and Interested persons are invited to processing information with respect to, Nos. 2 and 3 to the proposed rule submit written data, views, and change as described in Items I, II, and and facilitating transactions in arguments concerning the foregoing, securities. III below, which Items have been including whether the proposal is prepared by Nasdaq. The proposed rule B. Self-Regulatory Organization’s consistent with the Act. Persons making change and Amendment No. 1 were Statement on Burden on Competition written submissions should file six published for comment in the Federal copies thereof with the Secretary, 3 Nasdaq does not believe that the Register on February 7, 2001. The Securities and Exchange Commission, proposed rule change will result in any Commission received seven comment burden on competition that is not 450 Fifth Street, NW., Washington, DC letters regarding the proposal.4 Nasdaq necessary or appropriate in furtherance 20549-0609. Copies of the submission, of the purposes of the Act. all subsequent amendments, all written 11 17 CFR 200.30–3(a)(12). statements with respect to the proposed 1 15 U.S.C. 78s(b)(1). C. Self-Regulatory Organization’s rule change that are filed with the 2 17 CFR 240.19b–4. Statement on Comments on the Commission, and all written 3 See Securities Exchange Act Release No. 43913 Proposed Rule Change Received From (January 31, 2001), 66 FR 9394 (‘‘February 2001 communications relating to the Release’’). Members, Participants or Others proposed rule change between the 4 See letter from Mark R. Grewe, Managing Written comments were neither Commission and any person, other than Director, NDB Capital Markets, L.P., to Jonathan G. solicited nor received. those that may be withheld from the Katz, Secretary, Commission, dated February 27, 2001 (‘‘NDB Letter’’); letter from Martin public in accordance with the III. Date of Effectiveness of the Cunningham, Senior Vice President Trading, provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for Schwab Capital Markets L.P. (‘‘Schwab’’), to available for inspection and copying in Jonathan G. Katz, Secretary, Commission, dated Commission Action the Commission’s Public Reference February 28, 2001 (‘‘Schwab Letter’’); letter from Richard B. Levin, Assistant General Counsel and Because the foregoing proposed rule Room. Copies of such filing will also be Regulatory Affairs Officer, Knight Securities, L.P. change does not: available for inspection and copying at (‘‘Knight’’), to the Commission, dated March 1, 2001 (i) Significantly affect the protection the principal office of the Association. (‘‘Knight Letter’’); letter from Kim Bang, President, of investors or the public interest; All submissions should refer to file Bloomberg Tradebook LLC (‘‘Bloomberg’’), to the (ii) Impose any significant burden on Commission, dated March 15, 2001 (‘‘Bloomberg number SR–NASD–2002–29 and should Letter’’); letter from Timothy G. Grazioso, competition; and be submitted by April 1, 2002. Subcommittee Chairman, Trading Issues (iii) Become operative for 30 days Committee, Security Traders Association (‘‘STA’’), from the date on which it was filed, or Michael T. Bird, Chairman, Trading Issues 8 15 U.S.C. 78s(b)(3)(A). such shorter time as the Commission Committee, STA, and Geoffrey W. Cloud, Counsel, 9 17 CFR 240.19b–4(f)(6). Trading Issues Committee, STA, to Jonathan G. 10 For purposes only of accelerating the operative Katz, Secretary, Commission, dated March 13, 2001 6 See Securities Exchange Act Release No. 42003 date of this proposal, the Commission has (‘‘STA Letter’’); letter from Kevin J.P. O’Hara, (October 13, 1999), 64 FR 56554 (October 20, 1999) considered the proposed rule’s impact on General Counsel, Archipelago, L.L.C. (order approving after-hours trading pilot). efficiency, competition, and capital formation. 15 (‘‘Archipelago’’) to Jonathan G. Katz, Secretary, 7 15 U.S.C. 78o–3(b)(6). U.S.C. 78c(f). Commission, dated April 3, 2001 (‘‘Archipelago
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has responded to the commenters in participants from entering locking/ would lock or cross the market between Amendment Nos. 2 and 3 to the crossing quotes between 9:29:30 a.m. 9:29:30 and 9:29:59. proposal, which Nasdaq filed with the and 9:29:59 a.m.; and (5) delete (ii)(a) In the case of securities Commission on August 13, 2001,5 and provisions imposing Trade-or-Move included in the Nasdaq 100 Index or the February 21, 2002, respectively.6 The requirements between 3:50 p.m. and S&P 400 Index, a Trade-or-Move Commission is publishing this notice to 4:00 p.m. Message must be [and that is] for at least solicit comments on Amendment Nos. 2 Proposed changes to the original 10,000 shares (if multiple market and 3 to the proposed rule change from proposal, as published in the February makers would be locked/crossed, each interested persons. 2001 Release, appear below. Proposed one must receive a Trade-or-Move Message and the aggregate size of all I. Self-Regulatory Organization’s additions are in italics; proposed deletions are in [brackets]. such messages must be at least 10,000 Statement of the Terms of Substance of shares); provided, however, that if a the Proposed Rule Change Rule 4613—Character of Quotations market participant is representing an In its original proposal, Nasdaq (a)–(d) No change. agency order (as defined in proposed to amend NASD Rule (e) Locked and Crossed Markets: subparagraph (vi) of this rule), the 4613(e)(1)(C), ‘‘Locked and Crossed (1) A market maker shall not, except market participant shall be required to Markets,’’ to revise the use of Trade-or- under extraordinary circumstances, send a Trade-or-Move Message(s) in an Move Messages during locked and enter or maintain quotations in Nasdaq amount equal to the agency order, even crossed market conditions that occur during normal business hours if: if that order is less than 10,000 shares. prior to the market’s opening and to add (A) No change. (b) In the case of all other securities, provisions relating to the use of Trade- (B) No change. a Trade-or-Move Message must be for at or-Move Messages prior to the market’s least 5,000 shares (if multiple market (C) Obligations Regarding Locked/ close. In response to comment letters makers would be locked/crossed, each Crossed Market Conditions Prior to filed with the Commission and based one must receive a Trade-or-Move Market Opening [And Prior to Market upon input from a special subcommittee Message and the aggregate size of all Closing]— of Nasdaq’s Quality of Markets such messages must be at least 5,000 (i) No change. Committee, Nasdaq proposes to amend shares); provided, however, that if a its original proposal to: (1) Require (i) Locked/Crossed Market Between market participant is representing an ECNs to send Trade-or-Move Messages 9:20 and 9:29:59 a.m.— agency order (as defined in prior to entering locking/crossing quotes (a) Before an ECN [market maker] subparagraph (vi) of this rule), the and require market makers to send enters a quote that would lock or cross market participant shall be required to Trade-or-Move Messages after entering the market between 9:20 and 9:29:29 send a Trade-or-Move Message(s) in an locking/crossing quotes; (2) reduce the a.m. Eastern Time, the ECN [market amount equal to the agency order, even time to respond to a Trade-or-Move maker] must first send through if that order is less than 5,000 shares. Message to 10 seconds; (3) provide a SelectNet to the market maker or ECN [Locked/Crossed Market Between 3:50 10,000-share minimum share whose quote it would lock or cross a and 3:59:59 p.m.—Before a market requirement for Trade-or-Move Trade-or-Move Message that is at or maker enters a quote that would lock or Messages for Nasdaq 100 and S&P 400 superior to the receiving market maker’s cross the market between 3:50 and issues; (4) prohibit all market or ECN’s quoted price [and that is for at 3:59:59 p.m. Eastern Time, the market least 10,000 shares (if multiple market maker must first send through SelectNet Letter’’); and letter from William O’Brien, Senior makers would be locked/crossed, each to the market maker whose quote it Vice President & General Counsel, The BRUT ECN, one must receive a Trade-or-Move would lock or cross, a Trade-or-Move L.L.C., (‘‘BRUT’’) to the Commission, dated April Message and the aggregate size of all Message that is at the receiving market 17, 2001 (‘‘BRUT Letter’’). such messages must be at least 10,000 5 See letter (with attachment) from Eugene A. maker’s quoted price and that is for at Lopez, Senior Vice President, Nasdaq, to Belinda shares); provided, however, that if a least 10,000 shares (if multiple market Blaine, Associate Director, Division of Market market participant is representing an makers would be locked/crossed, each Regulation (‘‘Division’’), Commission, dated August agency order (as defined in one must receive a Trade-or-Move 10, 2001 (‘‘Amendment No. 2’’). In Amendment No. 2, Nasdaq responds to the commenters and subparagraph (vi) of this rule), the Message and the aggregate size of all proposes to revise its original proposal to: (1) market participant shall be required to such messages must be at least 10,000 Require electronic communications networks send a Trade-or-Move Message in an shares); provided, however, that if a (‘‘ECNs’’) to send Trade-or-Move Messages prior to amount equal to the agency order, even market participant is representing an entering locking/crossing quotes and require market makers to send Trade-or-Move Messages after if that order is less than 10,000 shares. agency order (as defined in entering locking/crossing quotes; (2) reduce the A [market maker]. An ECN that sends a subparagraph (vi) of this rule), the time to respond to a Trade-or-Move Message to 10 Trade-or-Move Message during these market participant shall be required to seconds; (3) provide a 10,000-share minimum share periods must then wait at least [15]10 requirement for Trade-or-Move Messages for send a Trade-or-Move Message(s) in an Nasdaq 100 and S&P 400 issues; (4) prohibit all seconds before entering a quote that amount equal to the agency order, even market participants from entering locking/crossing would lock or cross the market. if that order is less than 10,000 shares. quotes between 9:29:30 a.m. and 9:29:59 a.m.; and (b) If a market maker enters a quote A market maker that sends a Trade-or- (5) delete provisions imposing Trade-or-Move that would lock or cross the market requirements between 3:50 p.m. and 4 p.m. Move Message during this period must 6 See letter from Jeffrey S. Davis, Nasdaq, to John between 9:20 and 9:29:29 a.m. Eastern then wait at least 15 seconds before Polise, Senior Special Counsel, Division, Time, the market maker must then entering a quote that would lock or Commission, dated February 21, 2002 immediately send through SelectNet to cross the market.] (‘‘Amendment No. 3’’). In Amendment No. 3, the market maker or ECN whose quote (iv) A market maker that receives a Nasdaq responds to comments from BRUT and clarifies a misstatement in Amendment No. 2. it would lock or cross a Trade-or-Move Trade-or-Move Message must, within Specifically, Amendment No. 3 states that the Message that is at or superior to the [15] 10 seconds of receiving such requirement that ECNs send Trade-or-Move receiving market maker’s or ECN’s message, either fill the incoming Trade- Messages prior to entering locking or crossing quoted price. or-Move Message for the full size of the quotes applies to all orders that ECNs receive and is not limited to agency orders, as stated incorrectly (c) Market participants shall be message, or [, consistent with its Firm in Amendment No. 2. prohibited from entering a quote that Quote obligations,] move its bid down
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(offer up) by a quotation increment that proposal.7 Nasdaq notes that the Pre-Opening restores or maintains an unlocked/ commenters, who are among the most An orderly opening is critical to uncrossed market. active participants in the Nasdaq Nasdaq and to investors.8 Nasdaq notes (v) A market maker that sends a market, expressed materially different that a sizable portion of the volume in Trade-or-Move Message pursuant to views regarding Nasdaq’s proposal. In Nasdaq occurs at or around the market’s subparagraphs (e)(1)(C)(i)[,] or (ii)[, or response to the comment letters, opening. According to Nasdaq, many (iii)] of this rule must append to the Nasdaq’s Quality of Markets Committee marker makers guarantee their message a Nasdaq-provided symbol formed a subcommittee customers an execution at the opening indicating that it is a Trade-or-Move (‘‘Subcommittee’’) to address the inside bid or offer price, or in some Message. cases the midpoint of (or other range (vi) No Change. concerns raised by the commenters. The (2) No Change. Subcommittee was comprised of all of between) the opening inside bid/inside (3) Except as indicated in subsection the commenters, as well as members offer. Thus, the inside market at the (1)(C)(ii), [F]for purposes of this rule, the representing other constituencies within opening affects the price at which a term ‘‘market maker’’ shall include: the Nasdaq market making community. sizable number of orders from (A)–(D) No Change. individual investors in Nasdaq stocks At its first meeting, the Subcommittee are filled. Moreover, the prices of II. Self-Regulatory Organization’s spent two hours discussing the certain options contracts, indexes, and Statement of the Purpose of, and operation of the Trade-or-Move rule derivative instruments often are set Statutory Basis for, the Proposed Rule during the pre-opening period. This based on the opening prints in Nasdaq. Change meeting, like the comment letters, Accordingly, it is of utmost importance In its filing with the Commission, generated significant disagreement that the market open in an orderly Nasdaq included statements concerning regarding the best approach to fashion. the purpose of, and basis for, the improving the operation of the rule. As discussed more fully below, proposed rule change, and discussed Following that meeting, a straw poll of Amendment No. 2 revises the proposal any comments it received on the the Subcommittee on four aspects of to eliminate the use of Trade-or-Move proposed rule change. The text of these Trade-or-Move during the pre-opening Messages prior to the market’s close. In statements may be examined at the period revealed no clear majority addition, Amendment No. 2 modifies places specified in Item IV below. supporting any proposal on any aspect the following aspects of the original Nasdaq has prepared summaries, set of NASD Rule 4613(e)(1)(C). proposal with regard to the way that forth in Sections A, B, and C below, of Trade-or-Move operates prior to the After the first Subcommittee meeting, the most significant aspects of such opening: (1) The sequence of Trade-or- members of the staff of Nasdaq statements. Move Messages; (2) the time within Transaction Services, Economic which to respond to a Trade-or-Move A. Self-Regulatory Organization’s Research, Regulation and Controls, Message; (3) the number of shares Statement of the Purpose of, and Technology Services, and the Nasdaq accompanying a Trade-or-Move Statutory Basis for, the Proposed Rule Office of General Counsel met several Message; and (4) the period between Change times in different groupings to develop 9:29:30 a.m. and 9:29:59 a.m. 1. Purpose a recommendation based upon the Sequence of Messages: Under current Subcommittee deliberations. Nasdaq NASD Rule 4613(e)(1)(C), a market (a) Amendment No. 2. staff presented its recommendations at participant that enters a locking or Background the second Subcommittee meeting, crossing quote between 9:20 and 9:29:59 a.m. is then required to send a message In its original rule proposal, Nasdaq where the Subcommittee members spent with an appended Trade-or-Move proposed amendments to NASD Rule nearly two hours discussing the pre- designator to the party or parties it is 4613(e)(1)(C) that would alter the opening period and another half-hour locking/crossing. Nasdaq adopted the obligations of market makers and ECNs discussing the pre-closing period. Trade-or-Move requirements because it during locked and crossed markets that Response to Comments believed that requiring market occur prior to the market’s open and participants to lock/cross the market also prior to the close. Specifically, Nasdaq is aware that there remain prior to sending a Trade-or-Move Nasdaq originally proposed to: (1) meaningful, legitimate disagreements Message would reduce the frequency Extend the application of NASD Rule within the market making community and severity of pre-opening locked and 4613(e)(1)(C)(ii) regarding locked/ regarding the best solution to locked crossed markets by providing more crossed markets before the open to the and crossed markets that occur on informative quotation information and period prior to the close; (2) require Nasdaq. Nasdaq’s goal is to facilitating price discovery. market makers and ECNs that send a incrementally improve and simplify the In its original proposal, Nasdaq Trade-or-Move Message to do so at least operation of and compliance with the proposed to revise NASD Rule 15 seconds before entering a locking/ 4613(e)(1)(C) to require all market crossing quote rather than after entering Trade-or-Move rule, rather than to pursue an impossible ideal of solving participants to send Trade-or-Move a locking/crossing quote, as the rule Messages before rather than after currently requires; (3) increase from every Trade-or-Move problem experienced by every market entering a locking or crossing quotation 5,000 to 10,000 the minimum number of during the applicable periods. Nasdaq shares that must accompany a non- participant. The recommendations described in greater detail below are believed that switching the sequence of agency Trade-or-Move Message; and (4) messages in this way would further designed to accomplish that goal, as reduce from 30 seconds to 15 seconds reduce the instances of locked and well as to promote price discovery and the amount of time within which the crossed markets in Nasdaq by recipient of a Trade-or-Move Message the maintenance of an orderly market. must properly respond. 8 See Arthur Levitt, Chairman, Commission, The Commission received seven Remarks before the Securities Industry Association, comment letters regarding the original 7 See note 4, supra. Boca Raton, Florida (November 4, 1999).
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preventing them from occurring in the on ECNs because it requires them to Response Time: Under current NASD first instance. Nasdaq believed that the stand willing to trade twice for every Rule 4613(e)(1)(C), the recipient of a benefits of preventing the occurrence of Trade-or-Move Message they send: once Trade-or-Move Message must respond locked/crossed markets would outweigh with the participant to which it routes properly to the message within 30 the concomitant loss of price discovery the message, and again with any seconds. In the original proposal, provided by the entry of locking or participant that attempts to access its Nasdaq reduced the response time to 15 crossing quotes. quote. seconds to reduce the duration of Two commenters opposed the Nasdaq notes that because ECNs locked/crossed markets that occur. proposed change of sequence, claiming choose not to accumulate proprietary Nasdaq believes that markets have that the current sequence results in a positions, they are unwilling to accept become materially faster and that a 30- one-step process that can be readily the risk of double execution. Nasdaq second delay in price discovery is programmed into firms’ automated states that while a neutral application of impractical under the current, rapid trading systems,9 while the opposite the Trade-or-Move requirements may conditions. The commenters sequence would result in a two-step affect market participants differently, unanimously agreed that a 30-second process that would be difficult to that result stems from the ECNs’ response time is too long and that 15 program. According to these voluntary selection of a particular seconds is more appropriate.15 In fact, commenters, the programming of business model and access methodology two commenters suggested reducing the automated systems improves firms’ rather than from any action of Nasdaq. response time to five seconds.16 compliance with the Trade-or-Move Nasdaq also notes that market makers Nasdaq is reluctant to reduce the requirements and their ability to surveil risk similar double liability from response time to five seconds because for compliance internally. These internalization and orders from non- that would impose a great burden on commenters also claimed that the Nasdaq means of access. Nasdaq firms that lack automated systems. change of sequence would result in maintains that its decision to switch the Nasdaq is also concerned that the more locked or crossed markets, not message sequence, like its decision to operation and surveillance of a five- fewer, as Nasdaq believed. adopt the existing Trade-or-Move second rule could be compromised by Two commenters argued that requirements, was based upon Nasdaq’s potential delays in network reversing the sequence of messaging assessment of the benefit of the Trade- communications between Nasdaq’s would unduly hinder price discovery or-Move requirements to the entire systems and firms’ systems. because the recipient of a Trade-or- market rather than their impact on To balance Nasdaq’s desire to respond Move Message would not know the particular market participants or to the increased speed of markets as price to which it would be required to business models. well as the potential burden imposed on move its quote to maintain an unlocked/ Nonetheless, based upon the non-automated firms, Nasdaq proposes uncrossed market.10 They further to reduce to 10 seconds the time comments received, Nasdaq has decided argued that decimalization would permitted to respond to a Trade-or- to amend its proposal to permit the exacerbate this problem by permitting Move Message. Although this is a sequence of messaging to differ by the recipients of Trade-or-Move relatively brief period for non- market participant business model. Messages to move their quotes in penny automated participants, Nasdaq believes Amendment No. 2 will revise the increments rather than in sixteenths. that firms that choose to participate in proposal to require ECNs to send Trade- Nasdaq maintains that these arguments the pre-open must vigilantly monitor or-Move Messages before entering are based upon the incorrect assumption their quotes. As explained in greater locking or crossing quotes. Market that market participants can send Trade- detail below, the 10-second period makers will enter a locking or crossing or-Move Messages only to the corresponds to the minimum life of a quote and then immediately send a recipient’s quoted price (i.e., to lock the 13 SelectNet order, thereby allowing ECNs market). In fact, a party sending a Trade- Trade-or-Move Message. Nasdaq to avoid dual liability by canceling a or-Move Message may send the Trade- believes that the proposed change has Trade-or-Move Message when entering a or-Move Message at the recipient’s the dual benefit of permitting ECNs to locking or crossing quote. quoted price or at a superior price.11 In participate more effectively in the pre- Number of Shares: Under current that case, the recipient would be opening period and also permitting NASD Rule 4613(e)(1)(C), the aggregate required to trade in full or to move its market makers to retain their current size of the Trade-or-Move Message must quote beyond the superior price to automated systems. It also preserves the be at least 5,000 shares (i.e., the market maintain an unlocked and uncrossed benefits that Nasdaq sought to achieve participant must send a total of 5,000 market. when it first implemented the Trade-or- shares to all parties it is locking/ Two other commenters, both Move requirements, namely increased crossing) in the case of a proprietary operators of ECNs, supported the price discovery and decreased quote, or the actual size of an agency proposed change of sequence.12 One gamesmanship surrounding the order if that is the basis for the locking/ commenter argued that the current rule occurrence and resolution of locked and crossing quote. Under the original has a disproportionately negative effect crossed markets. Nasdaq believes that proposal, Nasdaq sought to raise the this approach will incrementally minimum Trade-or-Move Message share 9 See Schwab Letter and NDB Letter, supra note improve the operation of NASD Rule requirement to 10,000 shares or the 4. 4613(e)(1)(C).14 10 See Schwab Letter and NDB Letter, supra note locked/crossed markets, Nasdaq also considered 4. 13 ‘‘Immediate’’ issuance of a Trade-or-Move permitting each market participant to choose the 11 Although Nasdaq announced this Message will be understood to mean instantaneous sequence of messages that it preferred. After careful interpretation of NASD Rule 4613(e) in NASD in the case of automated systems and not exceeding analysis, Nasdaq concluded that this approach Notice to Members 2000–29, Nasdaq notes that a different, specified period where manual would create confusion in the marketplace and there appears to be some confusion concerning this processes are utilized. hinder Nasdaq’s ability to surveil for compliance point among market makers. Accordingly, Nasdaq 14 The STA also supported changing the sequence with the Trade-or-Move requirements. is adding language to the current proposal to further of messages, contending that doing so would reduce 15 See Bloomberg Letter; Archipelago Letter; clarify this point. the instances of locked and crossed markets in Schwab Letter; and NDB Letter, supra note 4. 12 See Archipelago Letter and Bloomberg Letter, Nasdaq. Based upon the STA’s comments and upon 16 See STA Letter and Knight Letter, supra note supra note 4. Nasdaq’s own desire to reduce the instances of 4.
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actual size of an agency order. Nasdaq several ECNs’ current participation. continued obligation to respond believes that a market participant or its Moreover, Nasdaq believes that the properly to Trade-or-Move Messages, customer should not be able to lock or modifications described above will will facilitate the resolution of locks and cross the market in the 10 minutes prior ameliorate the ECNs’ concerns. crosses that exist at 9:29:30. Further, to the opening with a de minimus Specifically, Nasdaq believes that Nasdaq believes that the potential number of shares. Rather, Nasdaq allowing ECNs to send a Trade-or-Move benefits to all market participants of a believes that a market participant must Message before locking/crossing the more orderly opening outweigh the be willing to risk significant capital and market and reducing the response time limited loss of price discovery that will to trade a significant amount if it wishes to 10 seconds should virtually eliminate result from suppressing locking and to lock or cross the market during one the risk to an ECN of assuming a crossing quotes during this brief but of the most critical points in the trading proprietary position. For example, critical period. Nasdaq notes that an ECN could send day. Pre-Closing Several commenters supported the Trade-or-Move Message for the actual proposed increase and agreed with the size of an agency order and wait 10 NASD Rule 4613(e)(1)(C) does not rationale behind it.17 In fact, the STA seconds, the minimum life of a currently apply during normal business suggested that, in certain circumstances, SelectNet order. Assuming that the ECN hours. Based upon the positive effect the minimum Trade-or-Move Message receives no reply, it could then cancel that the Trade-or-Move requirements share size should be 25,000 shares the SelectNet order and enter the full have had on resolving potential locked rather than 10,000 shares. One size of its agency order as a locking/ and crossed markets at and immediately commenter stated that the requirement crossing quote. before the market opening, Nasdaq should remain at 5,000 shares due, in Nonetheless, in light of the comments originally proposed to expand the part, to what the commenter believes is received, Nasdaq has determined to application of NASD Rule 4613(e)(1)(C) non-compliance with the Trade-or-Move modify the proposal as follows: to include the 10-minute period requirements by certain regional proprietary orders with Trade-or-Move preceding the market close (3:50 p.m. to markets and NASD members.18 Messages must be accompanied by a 3:59:59 p.m.). Like the opening, the On the other hand, one commenter minimum of 10,000 shares in the case closing is a critical period characterized claimed that the 10,000-share of Nasdaq 100 and S&P 400 issues, and by volatile, rapid, and heavy trading. requirement discriminates unfairly 5,000 shares for all other issues. The The closing price is a benchmark for against ECNs and effectively prevents ‘‘agency exception’’ contained in numerous transactions and could be them from participating in the pre- current NASD Rule 4613(e)(1)(C) will affected dramatically by the existence of opening.19 The commenter suggested continue to operate as it does today. locks and crosses. that Nasdaq address this issue by Nasdaq believes that Nasdaq 100 and In its original proposal, Nasdaq permitting ECNs to withhold from a S&P 400 issues are marked by higher proposed that the Trade-or-Move Trade-or-Move Message a portion of an liquidity and faster trading and, Messages used prior to the close would agency order rather than requiring the therefore, merit a more stringent operate in the same manner as currently ECN to append the entire amount of the requirement to create a locked or proposed for Trade-or-Move Messages order to the Trade-or-Move Message it crossed market. Nasdaq believes that used prior to the opening, with one wishes to send. The ECN would then this proposal proportionately increases exception. Prior to the market’s opening, use the shares withheld to enter a the economic significance of entering a the market participant receiving a locking or crossing quote. locking/crossing quotation for stocks Trade-or-Move Message has no liability Nasdaq disagrees with this argument. that are widely followed and for which under the NASD’s firm quote rule Contrary to the commenter’s assertions, a locked/crossed market would have the (NASD Rule 4613(b)) or under the the minimum share requirement and greatest impact. Commission’s firm quote rule (Exchange agency exception each apply evenly to Limited Prohibition On Entry Of Act Rule 11aAc–1). Thus, a market all market makers and ECNs, and also to Locking/Crossing Quotes: Based upon maker is permitted to move its quote their respective customers. The proposal the recommendation of the without trading upon the receipt of simply prohibits any market participant Subcommittee, which was comprised of what, during market hours, would be a from locking or crossing the market on the commenters and additional SelectNet ‘‘liability’’ order. Prior to the close, however, a Trade-or-Move a proprietary basis—regardless of the members of the Quality of Markets Message would be considered a liability conduit through which it enters an Committee, Nasdaq proposes that order. Therefore, unlike during the order into the market—for less than the market participants be prohibited by earlier period, a market participant that minimum number of shares. In fact, to rule from entering a locking or crossing received a Trade-or-Move Message prior do as the commenter suggests and quote between 9:29:30 and 9:29:59. to the close could move its quote or permit ECNs to withhold a portion of During that period, all market trade with just a portion of the Trade- their agency orders would itself create participants will be permitted to send or-Move Message only if doing so would disparity between market makers and Trade-or-Move Messages for the be consistent with its firm quote ECNs. Such an approach would be required number of shares to parties that obligations under the NASD and SEC inconsistent with Nasdaq’s view that, to they would lock or cross if permitted to enter such locking/crossing quotes. rules. the greatest extent possible, the lock/ Market participants that receive Trade- The commenters argued crossed rule should apply equally to all or-Move Messages during that time overwhelmingly that applying the market participants. Trade-or-Move requirements before the Nasdaq also disagrees that the current period will be obligated to respond close would be unnecessary or would rule operates to exclude ECNs from the properly by trading in full or moving cause more problems than they would pre-opening period, as evidenced by their quote within the appropriate response time. solve. Several commenters argued that 17 See NDB Letter and Schwab Letter, supra note Nasdaq believes that a prohibition on the implementation of Nasdaq’s 4. the entry of locking/crossing quotes National Market Execution System 18 See Knight Letter, supra note 4. immediately prior to the market (‘‘SuperSOES’’) would obviate the need 19 See Bloomberg Letter, supra note 4. opening, in conjunction with the for supplemental locked and crossed
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markets restrictions or, at the very least, requirement for certain stocks market and the potential for harm to that Nasdaq should monitor the outweighs the risk the commenter investors. implementation of SuperSOES to perceives. Nasdaq notes that under the determine whether or not this claim is proposal, as amended, the 10,000-share B. Self-Regulatory Organization’s accurate.20 Another commenter noted Trade-or-Move Message requirement Statement on Burden on Competition that the proposal fails to account for applies only to the most active, liquid Nasdaq does not believe that the economic inefficiencies that exist prior stocks in the market, and that a smooth 21 proposed rule change will result in any to the close. No commenter expressed opening for these stocks is critical to burden on competition that is not 24 support for the proposal to implement investors. Nasdaq also states that some necessary or appropriate in furtherance Trade-or-Move requirements prior to the ECNs have implemented systems to of the purposes of the Exchange Act. market close. differentiate between agency and In light of the comments received and principal order flow from market C. Self-Regulatory Organization’s the implementation of SuperSOES, makers.25 Statement on Comments on the Nasdaq has decided to withdraw its Proposed Rule Change Received from 2. Statutory Basis proposal to expand the application of Members, Participants, or Others NASD Rule 4613(e)(1)(C) to the period Nasdaq believes that the proposed prior to the closing. Nasdaq will rule change is consistent with the See response to written comments monitor the effect of SuperSOES at the provisions of section 15A(b)(6) and above. close and will, at a later date, reevaluate section 11A of the Exchange Act. III. Date of Effectiveness of the whether applying the Trade-or-Move Section 15A(b)(6) requires that the rules requirements at the close would Proposed Rule Change and Timing for of a registered national securities Commission Action materially reduce the instances and association are designed to prevent duration of locked and crossed markets fraudulent and manipulative acts and Within 35 days of the date of in Nasdaq. practices, to promote just and equitable publication of this notice in the Federal (b) Amendment No. 3. principals of trade, to foster cooperation Register or within such longer period (i) One commenter suggested that and coordination with persons engaged as the Commission may designate up to Nasdaq revise the Trade-or-Move in regulating, clearing, settling, 90 days of such date if it finds such requirements to provide that, for processing information with respect to, purposes of the Trade-or-Move rule, all longer period to be appropriate and and facilitating transactions in ECN orders be treated as agency publishes its reasons for so finding or orders.22 The commenter asserted that securities, to remove impediments to (ii) as to which the Exchange consents, the change was necessary because an and perfect the mechanism of a free and the Commission will: ECN could incur principal liability open market and a national market (A) By order approve such proposed when routing a Trade-or-Move Message system, and, in general, to protect rule change, or investors and the public interest; and where the underlying subscriber order (B) Institute proceedings to determine was for a size smaller than the required are not designed to permit unfair discrimination between customers, whether the proposed rule change minimum message size. The commenter should be disapproved. maintained that the proposal would issuers, brokers, or dealers. Section materially increase the principal 11A(a)(1)(C) provides that is in the IV. Solicitation of Comments liability risk to ECNs by doubling the public interest and appropriate for the minimum Trade-or-Move Message size protection of investors and the Interested persons are invited to requirement from 5,000 shares to 10,000 maintenance of fair and orderly markets submit written data, views, and shares. to assure: (1) Economically efficient arguments concerning the foregoing, In response, Nasdaq asserts that execution of securities transactions; (2) including whether Amendment Nos. 2 permitting market makers to transform fair competition among brokers and and 3 are consistent with the Exchange their orders into agency orders by dealers; (3) the availability to brokers, Act. Persons making written sending them to an ECN would dealers and investors of information submissions should file six copies undermine the progress that the Trade- with respect to quotations and thereof with the Secretary, Securities or-Move requirements have made transactions in securities; (4) the and Exchange Commission, 450 Fifth towards eliminating locked and crossed practicability of brokers executing Street, NW., Washington, DC 20549– markets in Nasdaq.23 In addition, investors orders in the best market; and 0609. Copies of the submission, all Nasdaq maintains that the benefit to the (5) an opportunity for investors orders subsequent amendments, all written overall market of raising the minimum to be executed without the participation statements with respect to the proposed Trade-or-Move Message size of a dealer. rule change that are filed with the Nasdaq believes that the proposed Commission, and all written 20 See NDB Letter; Schwab Letter; Archipelago amendments to NASD Rule 4613(e) are communications relating to the Letter, supra note 4. consistent with sections 15A(b)(6) and proposed rule change between the 21 See Knight Letter, supra note 4. 11A(a)(1)(C) of the Exchange Act. By Commission and any person, other than 22 See BRUT Letter, supra note 4. NASD Rule 4613(e)(1)(C)(iv) states that, for purposes of that attempting to resolve locks and crosses those that may be withheld from the rule, an ‘agency order’ means an order(s) that is for at the market opening, the proposed public in accordance with the the benefit of the account of a natural person amendments foster cooperation and provisions of 5 U.S.C. 552, will be executing securities transactions with or through or coordination with members. The available for inspection and copying in receiving investment banking services from a broker/dealer, or for the benefit of an ‘institutional proposal also ensures the fair and the Commission’s Public Reference account’ as defined in NASD Rule 3110. An agency orderly operation of Nasdaq and the Room. Copies of such filing will also be order shall not include an order(s) that is for the protection of investors, as its purpose is available for inspection and copying at benefit of a market maker in the security at issue, to limit the disruptions to the Nasdaq the principal office of the NASD. All but shall include an order(s) that is for the benefit of a broker/dealer that is not a market maker in the submissions should refer to file number security at issue.’’ 24 See Amendment No. 3, supra note 6. SR–NASD–00–76 and should be 23 See Amendment No. 3, supra note 6. 25 See Amendment No. 3, supra note 6. submitted by April 1, 2002.
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For the Commission, by the Division of numbering of the footnotes in the Stations/logons 1—10—$200 Market Regulation, pursuant to delegated narrative portion of the filing and Stations/logons 11—25—$100 authority.26 changes the text of the fee schedule to Stations/logons 26 and above—$50 Jill M. Peterson, provide that revenue sharing amounts • Proprietary interface license Per Assistant Secretary. will be paid on a monthly basis. The license— [FR Doc. 02–5816 Filed 3–8–02; 8:45 am] changes made by Amendment No. 1 API specification $500— BILLING CODE 8010–01–P were inadvertently omitted from the FIX (customized protocol)—$500 notice regarding filing and immediate Network effectiveness of the proposed rule • SECURITIES AND EXCHANGE change that the Commission published Dedicated line—Per line— COMMISSION 5 256K primary with backup—$1,564 on January 24, 2002. Accordingly, the • Commission is publishing this corrected Installation/Uninstall—$1,000 per [Release No. 34–45285A; File No. SR– Nasdaq Staff site visit NASD–2001–93] notice to solicit comments on the proposed rule change, as amended, from * * * * * Self-Regulatory Organizations; Notice interested persons. II. Self-Regulatory Organization’s of Filing and Immediate Effectiveness I. Self-Regulatory Organization’s Statement of the Purpose of, and of Proposed Rule Change by National Statement of the Terms of Substance of Statutory Basis for, the Proposed Rule Association of Securities Dealers, Inc. the Proposed Rule Change Change Relating to Fees Associated with the Nasdaq Application of the Primex Nasdaq is proposing to amend NASD In its filing with the Commission, Auction SystemTM; Correction Rule 7010 to establish the fee schedule Nasdaq included statements concerning for Nasdaq’s application of the Primex the purpose of and basis for the March 5, 2002. Auction System.TM Below is the text of proposed rule change and discussed any Pursuant to section 19(b)(1) of the the proposed rule change, as amended. comments it received on the proposed Securities Exchange Act of 1934 Proposed new language is in italics. rule change. The text of these statements (‘‘Act’’),1 and Rule 19b-4 thereunder,2 may be examined at the places specified 7010. System Services notice is hereby given that on December in Item IV below. Nasdaq has prepared 17, 2001, the National Association of (a)–(q) No changes. summaries, set forth in Sections A, B, Securities Dealers, Inc., (‘‘NASD’’ or (r) Nasdaq Application of the Primex and C below, of the most significant ‘‘Association’’) through its subsidiary Auction SystemTM aspects of such statements. The Nasdaq Stock Market, Inc. The following charges shall apply to A. Self-Regulatory Organization’s (‘‘Nasdaq’’), filed with the Securities the use of the Nasdaq Application of the Statement of the Purpose of, and and Exchange Commission (‘‘SEC’’ or Primex Auction System: Statutory Basis for, the Proposed Rule ‘‘Commission’’) the proposed rule (1) Transaction Charges: Change change as described in Items I, II, and Execution Services —for all III below, which Items have been participants: 1. Purpose • Order entry—No fee prepared by Nasdaq. Nasdaq has • Auction Response—per share, per On August 17, 2001, Nasdaq filed a designated this proposal as one execution—$5.00 maximum).* $.01 Form PILOT to commence operation of constituting a fee filing under section Matching Rights—Primex Auction the Primex system.6 The System is 19(b)(3)(A) of the Act, which renders the Market Makers (PAMMs) only: designed to replicate, in an electronic rule effective upon the Commission’s • 50 Percent Match—No fee form, the competitive trading crowd that receipt of this filing. Nasdaq will not • Two-Cent Match (per share, per is associated with an auction market. assess fees pursuant to this fee schedule retained order—$2.50 Maximum).** The System is completely voluntary and for approximately the first three months $.0025 available to any NASD member in good after the Nasdaq application of the Revenue Sharing—PAMMs only standing. Non-NASD members can • *** 1 Primex Auction System (‘‘Primex’’ or Each order executed: — ⁄3 of access the System through an NASD 3 ‘‘System’’) is operational. Nasdaq transaction fee member that subscribes to Primex. intends to begin assessing fees pursuant (2) Monthly Access fees Members that desire access to the to this fee schedule beginning on April Software System must execute the necessary 1, 2002. However, Nasdaq will issue a • agreements with Nasdaq. Members Head Trader Alert to notify users of the Workstation license or unique logon—Per workstation logon granted access to the System are referred exact date it will begin assessing fees. to as Participants. There are two types On December 17, 2001, Nasdaq filed Special Counsel, Division of Market Regulation of Participants in Primex: (1) Crowd Amendment No. 1 to the proposed rule Participants, and (2) Primex Auction 4 (‘‘Division’’), Commission, dated December 17, change. Amendment No. 1 corrects the 2001. Market Makers (‘‘PAMMs.’’) 5 See Securities Exchange Act Release No. 45285 By becoming a Participant, members 26 17 CFR 200.30–3(a)(12). (January 15, 2002), 67 FR 3521. automatically receive the right to trade 1 15 U.S.C. 78s(b)(1). * This fee applies to both Indications and ‘‘real- 2 17 CFR 240.19b–4. time’’ Responses. When two orders match directly, as Crowd Participants. Crowd 3 As described above, Nasdaq will not assess any a fee is charged to the party that entered the second Participants can view all orders exposed fees pursuant to the fee schedule during the initial order. in the System; interact with any order few months the System is operating, which also **This fee is charged in the event a PAMM put to auction by responding to the means Nasdaq will not share any transaction fees attaches its matching right to an order, and the auction using all of the System’s in accordance with the fee schedule during such crowd offers two cents or less price improvement to period. However, Primex Trading N.A., L.L.C., an that order. response tools; submit orders to be entity independent of Nasdaq and the licensor of *** Paid to a PAMM when it enters an order that the System, has indicated it will pay any revenue interacts with crowd interest in the system. Revenue 6 The Form PILOT was amended on November sharing amounts earned by participants during such sharing applies only to orders in those securities in 26, 2001. See Letter from Peter R. Geraghty, period. which the firm is registered as a PAMM. The Associate General Counsel, Nasdaq, to John Polise, 4 See letter from Peter R. Geraghty, Associate revenue sharing amounts will be paid on a monthly Senior Special Counsel, Division, Commission, General Counsel, Nasdaq, to John Polise, Senior basis. dated November 26, 2001.
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auctioned; and trade as principal, agent, Primex Participants will be charged a Participant (e.g., PAMM) are subject to or riskless principal. Crowd Participants monthly fee for this independent the same fees. can interact with orders being auctioned network. In addition, Participants will B. Self-Regulatory Organization’s by submitting Indications, which are be charged for each visit by Nasdaq staff Statement on Burden on Competition instructions to the System that can to install, or uninstall, software or reside within the System and hardware necessary to access the Nasdaq does not believe that the automatically respond in a certain System. proposed rule change will result in any manner to an auction if and when In addition to monthly charges, burden on competition that is not orders put to auction are available, or by Nasdaq will impose fees based on orders necessary or appropriate in furtherance submitting a Response. A Response is executed through the System. As set of the purposes of the Act. an individual instruction that is entered forth in the schedule of fees, no fee is C. Self-Regulatory Organization’s and responds in ‘‘real time’’ to orders charged for submitting an order to Statement on Comments on the being auctioned. A firm that elects to auction, and in general no fee is charged Proposed Rule Change Received from register as a PAMM has the same rights 10 to have such orders executed. Members, Participants, or Others and entitlements as Crowd Participants, Execution fees are only charged against but because they elect to meet other Participants that extract liquidity by Written comments were neither additional qualifications, 7 PAMMS are responding to, and executing against, solicited nor received. entitled to additional privileges. For orders submitted for auction. This III. Date of Effectiveness of the example, PAMMS are entitled to use the execution fee is a penny per share with Proposed Rule Change and Timing for System’s automated Match Parameters a maximum charge of $5.00 per Commission Action allowing them to participate in the execution. Accordingly, the fee would The foregoing rule change, as execution of their own customer orders be charged to a Participant for any amended, has become effective upon submitted to the System (e.g., the Two execution resulting from that 8 filing pursuant to section 19(b)(3)(A) of Cent Match Parameter or the 50% Participant’s Indication or real-time 9 the Act 12 and paragraph (f)(2) of Rule Match Parameter ). PAMMs also are Response that interacted with an order 19b–4 thereunder 13 in that it establishes entitled to revenue sharing, allowing put to auction. the fee schedule for the use of a Nasdaq PAMMs to share in the transaction fee In addition, and as discussed above, system. paid by other participants when such PAMMs have the option of attaching participants execute against an order At any time within 60 days of the certain matching rights on orders they filing of the proposed rule change, the submitted to auction by a PAMM. submit to the System. Nasdaq will Nasdaq will impose monthly fees to Commission may summarily abrogate impose a fee when a PAMM utilizes the the rule change if it appears to the access the System. These fees vary Two-Cent Match feature and retains an based on the method chosen by the Commission that such action is order for execution. In such Participant to access the System. The necessary or appropriate in the public circumstances, the PAMM will be System will operate on a network that interest, for the protection of investors, charged $.0025 per share, with a $2.50 is independent from Nasdaq’s other or otherwise in furtherance of the maximum per retained order. If the existing systems (e.g., SuperSoes ). purposes of the Act. SM PAMM does not retain the order because the order is executed against IV. Solicitation of Comments 7 The requirements to be become and maintain registration as a PAMM are contained in NASD the Crowd Participant(s) who has Interested persons are invited to Rule 5020. In general, a PAMM for a particular offered more that two cents of price submit written data, views, and security eligible for trading in the System must be improvement, there is no charge to the either: (1) A Nasdaq market maker in the security, arguments concerning the foregoing, if the security is listed on Nasdaq; or (2) a PAMM. Instead, Nasdaq will share with including whether the proposed rule Consolidated Quotation System market maker, if the PAMM one-third of the transaction change, as amended, is consistent with the security is listed on an exchange. PAMMs may fee collected for such transaction. the Act. Persons making written retain their PAMM status for a prospective calendar Nasdaq has decided to share the quarter provided they had qualified by submitting submissions should file six copies to the System a minimum percentage of certain transaction fee in these circumstances to thereof with the Secretary, Securities order-types in the previous calendar quarter, as encourage PAMMS to submit orders for and Exchange Commission, 450 Fifth detailed in NASD Rule 5020. There never is any auction in the System. The revenue Street, NW, Washington, DC 20549– requirement for participants to register as a PAMM sharing amounts will be paid on a 0609. Copies of the submission, all or to submit any amount of orders at any time. monthly basis. 8 A complete description of the matching subsequent amendments, all written parameters and their operation are contained in 2. Statutory Basis statements with respect to the amended NASD Rule 5014. Generally, however, when a proposed rule change that are filed with PAMM submits an order to the System with the Nasdaq believes that the proposed the Commission, and all written Two Cent Match parameter, and there is interest rule change is consistent with the from the Crowd that can satisfy the order, the order communications relating to the entered with the Two Cent Match will be executed provisions of section 15A(b)(5) of the proposed rule change between the 11 against such interest by the Crowd during its Act in that the proposed fees provide Commission and any person, other than exposure, provided that such Crowd interest offers for the equitable allocation of reasonable those that may be withheld from the to provide price improvement greater than two fees among members. The fees apply cents superior to the best quote publicly displayed public in accordance with the in the National Best Bid/Offer (‘‘NBBO’’) at the time equally to all Participants in the System, provisions of 5 U.S.C. 552, will be such Crowd interest is available. based upon the category the member has available for inspection and copying in 9 Generally, when a PAMM submits an order to chosen to participate in the System. All the Commission’s Public Reference the System with the 50% Match parameter, the members in the same category of order will be executed against any interest by the Room. Copies of such filing will also be Crowd that satisfies the order during its exposure available for inspection and copying at at the price(s) and size of such Crowd interest, for 10 The one exception is where an order submitted the principal office of the NASD. All no more than 50% of the order. Any execution with to auction directly meets and interacts with another submissions should refer to the file the Crowd will immediately cause the System to order submitted to auction, in which case the provide the order with an additional execution of second order is treated as a Response, and is like size and price against the PAMM that entered charged a fee accordingly. 12 15 U.S.C. 78s(b)(3)(A). the order. 11 15 U.S.C. 78k–1(b)(5). 13 17 CFR 240.19b–4(f)(2).
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number SR-NASD–2001–93 and should Dated: March 1, 2002. that Cameroon has adopted an effective be submitted by April 1, 2002. Patricia S. Harrison, visa system and related procedures to For the Commission, by the Division of Assistant Secretary for Educational and prevent unlawful transshipment and the Market Regulation, pursuant to delegated Cultural Affairs, United States Department use of counterfeit documents in of State. authority.14 connection with shipments of textile [FR Doc. 02–5769 Filed 3–8–02; 8:45 am] and apparel articles and has Jill M. Peterson, BILLING CODE 4710–08–P implemented and follows, or is making Assistant Secretary. substantial progress toward [FR Doc. 02–5817 Filed 3–8–02; 8:45 am] implementing and following, the BILLING CODE 8010–01–P DEPARTMENT OF STATE customs procedures required by the [Public Notice 3942] African Growth and Opportunity Act (AGOA). Therefore, imports of eligible Notice of Proposal To Extend U.S.- products from Cameroon qualify for the DEPARTMENT OF STATE Guatemala Memorandum of textile and apparel benefits provided Understanding under the AGOA. [Public Notice 3941] DATES: Effective March 1, 2002. AGENCY: Department of State. FOR FURTHER INFORMATION CONTACT: Culturally Significant Objects Imported ACTION: Notice of Proposal to Extend Chris Moore, Director for African for Exhibition Determinations: ‘‘The Art U.S.-Guatemala. Affairs, Office of the United States and Politics of Arthur Szyk’’ Trade Representative, (202) 395–9514. Memorandum of Understanding SUPPLEMENTARY INFORMATION: The AGENCY: United States Department of The Government of the Republic of AGOA (Title I of the Trade and State. Guatemala has indicated its interest in Development Act of 2000, Pub. L. 106– ACTION: Notice. an extension of the Memorandum of 200) provides preferential tariff Understanding between the Government treatment for imports of certain textile of the United States of America and the SUMMARY: Notice is hereby given of the and apparel products of beneficiary sub- Government of the Republic of following determinations: Pursuant to Saharan African countries. The textile Guatemala Concerning the Imposition and apparel trade benefits under the the authority vested in me by the Act of of Import Restrictions on Archaeological AGOA are available to imports of October 19, 1965 (79 Stat. 985; 22 U.S.C. Objects and Materials from the Pre- eligible products from countries that the 2459), Executive Order 12047 of March Columbian Cultures of Guatemala, President designates as ‘‘beneficiary 27, 1978, the Foreign Affairs Reform and signed on September 29, 1997. Pursuant sub-Saharan African countries,’’ Restructuring Act of 1998 (112 Stat. to the authority vested in the president’s provided that these countries (1) have 2681, et seq.; 22 U.S.C. 6501 note, et designee under Department of State adopted an effective visa system and seq.), Delegation of Authority No. 234 of Delegation of Authority No. 236–3, and related procedures to prevent unlawful October 1, 1999 (64 FR 56014), and pursuant to the requirement under 19 transshipment and the use of counterfeit Delegation of Authority No. 236 of U.S.C. 2602(f)(1), an extension of this documents, and (2) have implemented October 19, 1999 (64 FR 57920), as MOU is hereby proposed. Pursuant to and follow, or are making substantial amended, I hereby determine that the 19 U.S.C. 2602(f)(2), the views and progress toward implementing and objects to be included in the exhibition, recommendations of the Cultural following, certain customs procedures ‘‘The Art and Politics of Arthur Szyk,’’ Property Advisory Committee regarding that assist the Customs Service in imported from abroad for temporary this proposal will be requested. verifying the origin of the products. exhibition within the United States, are A copy of this Memorandum of In Proclamation 7350 (Oct. 2, 2000), of cultural significance. These objects Understanding, the designated list of the President designated Cameroon as a are imported pursuant to a loan restricted categories of material, and ‘‘beneficiary sub-Saharan African agreement with a foreign lender. I also related information can be found at the country.’’ Proclamation 7350 delegated determine that the exhibition or display following Web site: http:// to the United States Trade of the exhibit objects at the United exchanges.state.gov/education/culprop. Representative the authority to States Holocaust Memorial Museum, Dated: March 5, 2002. determine whether designated countries Washington, DC, from on or about April Patricia S. Harrison, have met the two requirements 11, 2002, to on or about October 14, described above. The President directed Assistant Secretary for Educational and 2002, and at possible additional venues Cultural Affairs, Department of State. the USTR to announce any such determinations in the Federal Register yet to be determined, is in the national [FR Doc. 02–5767 Filed 3–8–02; 8:45 am] interest. Public Notice of these and to implement them through BILLING CODE 4710–11–P determinations is ordered to be modifications of the Harmonized Tariff published in the Federal Register. Schedule of the United States (HTS). Based on actions that Cameroon has FOR FURTHER INFORMATION CONTACT: For OFFICE OF THE UNITED STATES taken, I have determined that Cameroon further information, including a list of TRADE REPRESENTATIVE has satisfied these two requirements. exhibit objects, contact Paul W. Accordingly, pursuant to the Determinations Under the African Manning, Attorney-Adviser, Office of authority vested in the USTR by Growth and Opportunity Act the Legal Adviser, 202/619–5997, and Proclamation 7350, U.S. note 7(a) to the address is United States Department AGENCY: Office of the United States subchapter II of chapter 98 of the HTS of State, SA–44, Room 700, 301 4th Trade Representative. and U.S. note 1 to subchapter XIX of Street, SW., Washington, DC 20547– ACTION: Notice. chapter 98 of the HTS are each modified 0001. by inserting ‘‘Cameroon’’ in alphabetical SUMMARY: The United States Trade sequence in the list of countries. The 14 17 CFR 200.30–3(a)(12). Representative (USTR) has determined foregoing modifications to the HTS are
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effective with respect to articles entered, Processes for PAH Shipments,’’ ‘‘PAH prepared for a proposed highway project or withdrawn from warehouse for Transition to New Quality System in San Joaquin County, California. consumption, on or after the effective Requirements,’’ and ‘‘ARAC Working FOR FURTHER INFORMATION CONTACT: date of this notice. Importers claiming Group Advisory Circular Proposal.’’ Michael G. Ritchie, Division preferential tariff treatment under the 4. A status report on the Parts and Administrator, Federal Highway AGOA for entries of textile and apparel Production Certification Working Administration, California Division, 980 articles should ensure that those entries Group’s remaining tasks. Ninth St., Suite 400, Sacramento, meet the applicable visa requirements. 5. A status report on the FAA California 95814–2724. See Visa Requirements Under the submitted rulemaking projects for SUPPLEMENTARY INFORMATION: The African Growth and Opportunity Act 66 ‘‘Establishment of Organization FHWA, in cooperation with the FR 7837 (2001). Designation Authorization (ODA) California Department of Transportation Procedures’’, and ‘‘Production Robert B. Zoellick, (Caltrans), will prepare an Certification and Parts Manufacturing.’’ Environmental Impact Statement (EIS) United States Trade Representative. 6. A discussion of future meeting [FR Doc. 02–5766 Filed 3–8–02; 8:45 am] on a proposal to improve State Route dates, locations, activities, and plans. (SR) 99 in San Joaquin County, BILLING CODE 3190–01–M Attendance is open to the interested California. The proposed improvement public, but will be limited to the space would involve widening SR 99 from available. The FAA will arrange four lanes to six lanes from 0.6 DEPARTMENT OF TRANSPORTATION teleconference capability for individuals kilometers north of Arch Road to 0.2 wishing to participate by teleconference kilometers south of SR 4 West, in Federal Aviation Administration if we receive notification before March Stockton, San Joaquin County, 15, 2002. Arrangements to participate by California. Depending on the alternative Aviation Rulemaking Advisory teleconference can be made by Committee; Aircraft Certification selected, this project proposes to also contacting the person listed in the FOR Procedures Issues Meeting remove the existing South Stockton FURTHER INFORMATION CONTACT section. over-crossing (#29–156) and the Clark Callers outside the Washington AGENCY: Federal Aviation Drive ‘‘button hook’’ ramps. The project metropolitan area will be responsible for Administration (FAA), DOT. would evaluate the feasibility of paying long distance charges. ACTION: Notice of public meeting. eliminating existing freeway access at The public must make arrangements the Farmington Road (SR 4 East) SUMMARY: This notice announces a by March 15, 2002, to present oral interchange and constructing frontage public meeting of the Federal Aviation statements at the meeting. The public roads between Farmington Road (SR 4 Administration’s Aviation Rulemaking may present written statements to the East) and Mariposa Road to maintain Advisory Committee to discuss Aircraft committee at any time by providing 25 continuity through the SR 4 East system. Certification Procedures issues. copies to the Assistant Executive The proposed project would extend Director, or by bringing the copies to the DATES: The meeting will be held on Netherton Avenue to Mariposa Road. It meeting. Public statements will only be March 21, 2002, from 8:30 a.m. to 11:30 would reconstruct the Farmington Road considered if time permits. In addition, a.m. Arrange for oral presentations by (SR 4 East), Mariposa Road, and Charter sign and oral interpretation, as well as March 15, 2002. Way interchanges and replace all an assistive listening device, can be ADDRESSES: The meeting will be held at existing bridges within the project limits made available at the meeting, if the General Aviation Manufacturers to meet width and vertical clearance requested 10 calendar days before the Association, 1400 K Street, NW., Suite standards with provisions for the meeting. Arrangements may be made by 801, Washington, DC 20005–2485. ultimate eight-lane freeway concept. contacting the person listed under the FOR FURTHER INFORMATION CONTACT: Alternatives under consideration Maisa Mullen, FAA, Office of heading FOR FURTHER INFORMATION include (1) taking no action, (2) CONTACT. Rulemaking (ARM–205), 800 widening into the median leaving a Independence Avenue, SW., Issued in Washington, DC, on March 6, median that would vary between 3.8 Washington, DC 20591; telephone: (202) 2002. meters and 7.1 meters, (3) widening into 267–7653, fax: (202) 267–5075. Tony Fazio, the median and to the outside leaving a SUPPLEMENTARY INFORMATION: Pursuant Executive Director, Aviation Rulemaking median that would vary form 7.1 meters to section 10(a)(2) of the Federal Advisory Committee. to 10.8 meters and, (4) reconstructing SR Advisory Committee Act (Pub. L. 92– [FR Doc. 02–5789 Filed 3–6–02; 8:45 am] 99 to full standards with an 18-meter 463; 5 U.S.C. App. II), notice is hereby BILLING CODE 4910–13–M median. given of a meeting of the Aviation Letters describing the proposed action Rulemaking Advisory Committee to be and soliciting comments will be sent to held on March 212, 2002, from 8:30 a.m. DEPARTMENT OF TRANSPORTATION the appropriate federal, state, and local to 11:30 a.m. at the General Aviation agencies, and to private organizations Federal Highway Administration Manufacturers Association, 1400 K and citizens who have previously expressed or are known to have interest Street, NW., Suite 801, Washington, DC Environmental Impact Statement; San in this proposal. A public hearing will 20005–2485. The agenda will include: Joaquin County, CA 1. Opening Remarks. be held. Public notice will be given of 2. Committee Administration. AGENCY: Federal Highway the time and place of the hearing. The 3. A discussion and vote on the Parts Administration (FHWA), Department of draft EIS will be available for public and and Production Certification Working Transportation. agency review and comment before the Group draft advisory documents, ACTION: Notice of Intent. public hearing. entitled ‘‘Means of Compliance with To ensure that all concerns and issues Proposed Quality System SUMMARY: The FHWA is issuing this related to this proposed action are Requirements,’’ ‘‘Recommendation for notice to advise the public that an addressed and identified, comments and Consistent Application of ODAR environmental impact statement will be suggestions are invited from all
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interested parties. If you have any to Route 9A are considered necessary to Issued on: February 25, 2002. information regarding historic provide for the existing and projected Douglas P. Conlan, resources, endangered species, or other traffic demand and to improve safety. District Engineer, Federal Highway sensitive issues that could be affected by Also, included in this proposal is the Administration, Albany, New York. this project, please notify this office. replacement of the existing Route 100C [FR Doc. 02–5759 Filed 3–8–02; 8:45 am] Also, please indicate if you would be bridge over Route 9A and a new I–287 BILLING CODE 4910–22–M interested in being notified at the eastbound exit ramp to Route 9A. completion of historic resources studies. Alternatives under consideration Comments or questions concerning include: (1) Taking no actions; (2) DEPARTMENT OF VETERANS this proposed action and the EIS should widening and reconstructing Route 9A; AFFAIRS be directed to the FHWA at the address (3) widening and reconstructing Route provided above. 9A and providing a new eastbound [OMB Control No. 2900–0601] (Catalog of Federal Domestic Assistance Cross Westchester Expressway (Route I– 287) off ramp; (4) widening and Agency Information Collection Program Number 20.205, Highway Research, Activities Under OMB Review Planning, and Construction. The regulations reconstructing 9A, providing new implementing Executive Order 12372 eastbound Cross Westchester AGENCY: Veterans Benefits regarding intergovernmental consultation on Expressway (Route I–287) off ramp, and Administration, Department of Veterans Federal programs and activities apply to this improving access to major industrial/ Affairs. program.) commercial area; and (5) constructing a ACTION: Notice. Issued on: January 29, 2002. bypass on new alignment in association Maiser Khaled, with the widening and reconstruction of SUMMARY: In compliance with the District Engineer, Sacramento, California. Route 9A. Incorporated into and studied Paperwork Reduction Act (PRA) of 1995 with the various build alternatives will [FR Doc. 02–5758 Filed 3–8–02; 8:45 am] (44 U.S.C., 3501 et seq.), this notice be design variations of grade and BILLING CODE 4910–22–M announces that the Veterans Benefits alignment. Administration (VBA), Department of Letter describing the proposed action Veterans Affairs, has submitted the DEPARTMENT OF TRANSPORTATION and soliciting comments will be sent to collection of information abstracted appropriate Federal, State, and local below to the Office of Management and Federal Highway Administration agencies, and to private organizations Budget (OMB) for review and comment. and citizens who have previously The PRA submission describes the Environmental Impact Statement: expressed interest in this proposal. A nature of the information collection and Westchester County, New York series of public information meetings its expected cost and burden; it includes will be held in the Town of Greenburg the actual data collection instrument. AGENCY: Federal Highway between March 2002 and June 2003. In DATES: Comments must be submitted on Administration (FHWA), DOT. addition, a public hearing will be held. or before April 10, 2002. ACTION: Notice of intent. Public notice will be given of the time and place of the meetings and hearing. ADDRESSES: Send comments and SUMMARY: The FHWA is issuing this The draft EIS, when prepared, will be recommendations concerning any notice to advise the public that an available for public and agency review aspect of the information collection to environmental impact statement will be and comment. A formal NEPA scoping VA’s Desk Officer, OMB Human prepared for a proposed highway project meeting will be held at the Greenburgh Resources and Housing Branch, New in Westchester County, New York. Town Hall, 320 Tarrytown Road, Executive Office Building, Room 10235, FOR FURTHER INFORMATION CONTACT: Elmsford, New York 10523, on Washington, DC 20503, (202) 395–7316. Robert A. Dennison III, P.E., Regional Wednesday, March 27, 2002. At 3:30 Please refer to ‘‘OMB Control No. 2900– Director, NYSDOT Region 8; Eleanor P.M. a meeting will be held for Federal, 0601’’ in any correspondence. Roosevelt State Office Building; 4 State, and Local agencies and at 7:15 FOR FURTHER INFORMATION OR A COPY OF Burnett Boulevard; Poughkeepsie, NY P.M. a meeting for the general public THE SUBMISSION CONTACT: Denise 12603; Telephone: (845) 431–5750; or, and all interested parties. Each meeting McLamb, Information Management Robert E. Arnold, Division will be preceded by a 30-minute open Service (045A4), Department of Administrator, Federal Highway house during which attendees can view Veterans Affairs, 810 Vermont Avenue, Administration, New York Division, Leo concept plans and interact with project NW, Washington, DC 20420, (202) 273– W. O’Brien Federal Building, Room 719, team members. 8030 or FAX (202) 273–5981. Please Clinton Avenue and North Pearl Street, To ensure that the full range of issues refer to ‘‘OMB Control No. 2900–0601.’’ Albany, New York 12207; Telephone: related to this proposed action are SUPPLEMENTARY INFORMATION: (518) 431–4127. addressed and all significant issues Title: Loan Guaranty: Requirements SUPPLEMENTARY INFORMATION: The identified, comments and suggestions for Interest Rate Reduction Refinancing FHWA, in cooperation with the New are invited from all interested parties. Loans. York State Department of Comments or questions concerning this OMB Control Number: 2900–0601. Transportation (NYSDOT), will prepare proposed action and the EIS should be Type of Review: Extension of a an environmental impact statement directed to the NYSDOT or FHWA at currently approved collection. (EIS) on a proposal to improve NYS the addresses provided above. Abstract: VA is authorized to Route 9A in Westchester County, New guarantee loans to veterans to refinance (Catalog of Federal Domestic Assistance York. The proposed improvements will Program Number 20.205, Highway Research, existing mortgage loans previously involve the reconstruction of Planning and Construction. The regulations guaranteed by VA provided the veteran approximately 2.5 miles of the existing implementing Executive Order 12372 still owns the property used as security route from just south of Route 119 to regarding intergovernmental consultation on for the loan. Lenders must collect just north of Route 100C in the Towns Federal programs and activities apply to this certain information concerning the of Greenburgh and Mount Pleasant and program.) veteran and the veteran’s credit history Village of Elmsford. The improvements Authority: 23 U.S.C. 315; 23 CFR 771.123. (and spouse or other co-borrower, as
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applicable) in order to properly Washington, DC 20503 (202) 395–7316. DEPARTMENT OF VETERANS underwrite delinquent Interest Rate Please refer to ‘‘OMB Control No. 2900– AFFAIRS Reduction Refinancing Loan (IRRRLs). 0614’’ in any correspondence. [OMB Control No. 2900–0166] Under these proposed requirements, VA FOR FURTHER INFORMATION OR A COPY OF proposes to require that the lender THE SUBMISSION CONTACT: Denise Agency Information Collection provide VA with the credit information McLamb, Information Management Activities Under OMB Review to assure itself that IRRRLs to refinance Service (045A4), Department of delinquent loans are underwritten in AGENCY: Veterans Benefits Veterans Affairs, 810 Vermont Avenue, reasonable and prudent manner. Administration, Department of Veterans NW., Washington, DC 20420, (202) 273– An agency may not conduct or Affairs. 8030, FAX (202) 273–5981 or e-mail: sponsor, and a person is not required to [email protected]. Please ACTION: Notice. respond to a collection of information refer to ‘‘OMB Control No. 2900–0614.’’ unless it displays a currently valid OMB SUMMARY: In compliance with the control number. The Federal Register SUPPLEMENTARY INFORMATION: Paperwork Reduction Act (PRA) of 1995 Notice with a 60-day comment period Title: 4th Phase Supplement, (44 U.S.C., 3501 et seq.), this notice soliciting comments on this collection ‘‘Measurement/Validation of announces that the Veterans Benefits of information was published on Psychosocial Risk and Resilience Administration (VBA), Department of October 26, 2001, at page 54341. Factors Accounting for Physical/Mental Veterans Affairs, has submitted the Affected Public: Business or other for Health and Health Related Quality of collection of information abstracted profit. Life Among Veterans’’, VA Form 10– below to the Office of Management and Estimated Annual Burden: 85 hours. 21036(NR). Budget (OMB) for review and comment. Estimated Average Burden Per The PRA submission describes the Respondent: 30 minutes. OMB Control Number: 2900–0614. nature of the information collection and Frequency of Response: On occasion. Type of Review: Revision of a its expected cost and burden; it includes Estimated Number of Respondents: currently approved collection. the actual data collection instrument. 170. Abstract: Phases I and II of this study DATES: Comments must be submitted on Dated: February 26, 2002. are completed. The collection of or before April 10, 2002. By direction of the Secretary. information associated with Phase III is ADDRESSES: Send comments and Barbara H. Epps, also completed. Phase IV is intended to recommendations concerning any Management Analyst, Information complete VA’s study of the aspect of the information collection to Management Service. ‘‘psychological and biomedical VA’s OMB Desk Officer, OMB Human [FR Doc. 02–5786 Filed 3–8–02; 8:45 am] measurements for early identification of Resources and Housing Branch, New individuals at risk for stress-related BILLING CODE 8320–01–P Executive Office Building, Room 10235, illness.’’ The information collected will Washington, DC 20503 (202) 395–7316. be used to produce a reliable inventory Please refer to ‘‘OMB Control No. 2900– DEPARTMENT OF VETERANS of psychosocial risk and resilience 0166’’ in any correspondence. AFFAIRS factors for contemporary military FOR FURTHER INFORMATION OR A COPY OF personnel and then demonstrate its THE SUBMISSION CONTACT: [OMB Control No. 2900–0614] Denise validity vis-a`-vis Gulf War veterans’ McLamb, Information Management self-reported somatic and psychological Agency Information Collection Service (045A4), Department of symptoms and judgments of health- Activities Under OMB Review Veterans Affairs, 810 Vermont Avenue, related quality of life. NW., Washington, DC 20420, (202) 273– AGENCY: Veterans Health An agency may not conduct or 8030, FAX (202) 273–5981 or e-mail: Administration, Department of Veterans sponsor, and a person is not required to [email protected]. Please Affairs. respond to a collection of information refer to ‘‘OMB Control No. 2900–0166.’’ ACTION: Notice. unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: control number. The Federal Register a. Application for Ordinary Life SUMMARY: In compliance with the Notice with a 60-day comment period Insurance, Replacement Insurance for Paperwork Reduction Act (PRA) of 1995 soliciting comments on this collection Modified Life Reduced at Age 65, (44 U.S.C., 3501 et seq.), this notice of information was published on National Service Life Insurance, VA announces that the Veterans Health December 10, 2001, at page 63746. Form 29–8485. Administration (VHA), Department of Affected Public: Individuals or b. Application for Ordinary Life Veterans Affairs, has submitted the Insurance, Replacement Insurance for collection of information abstracted households. Estimated Annual Burden: 313 hours. Modified Life Reduced at Age 70, below to the Office of Management and National Service Life Insurance, VA Budget (OMB) for review and comment. Estimated Average Burden Per Form 29–8485a. The PRA submission describes the Respondent: 45 minutes. c. Application for Ordinary Life nature of the information collection and Frequency of Response: One time. Insurance, Replacement Insurance for its expected cost and burden; it includes Modified Life Reduced at Age 65, the actual data collection instrument. Estimated Number of Respondents: 417. National Service Life Insurance, VA DATES: Comments must be submitted on Form 29–8700. or before April 10, 2002. Dated: February 27, 2002. d. Information About Modified Life ADDRESSES: Send comments and By direction of the Secretary: Reduction, VA Forms 29–8700a–e. recommendations concerning any Barbara H. Epps, e. Application for Ordinary Life aspect of the information collection to Management Analyst, Information Insurance, Replacement Insurance for VA’s OMB Desk Officer, OMB Human Management Service. Modified Life Reduced at Age 70, Resources and Housing Branch, New [FR Doc. 02–5787 Filed 3–8–02; 8:45 am] National Service Life Insurance, VA Executive Office Building, Room 10235, BILLING CODE 8320–01–P Form 29–8701.
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f. Information About Modified Life An agency may not conduct or Estimated Average Burden Per Reduction, VA Forms 29–8701a–e. sponsor, and a person is not required to Respondent: 5 minutes. OMB Control Number: 2900–0166. respond to a collection of information Frequency of Response: On occasion. Type of Review: Reinstatement, unless it displays a currently valid OMB Estimated Number of Respondents: without change, of a previously control number. The Federal Register 15,400. approved collection for which approval Notice with a 60-day comment period has expired. soliciting comments on this collection Dated: February 28, 2002. Abstract: The forms are used by the of information was published on May 3, By direction of the Secretary: policyholder to apply for replacement 2001, at page 22284. Barbara H. Epps, insurance for Modified Life Insurance Affected Public: Individuals or Management Analyst, Information Reduced at Ages 65 and 70. The households. Management Service. information is used by VA to initiate the Estimated Annual Burden: 1,284 [FR Doc. 02–5788 Filed 3–8–02; 8:45 am] granting of coverage for which applied. hours. BILLING CODE 8320–01–P
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Corrections Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER line, ‘‘April 3, 2002’’ should read ‘‘April DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously 18, 2002’’. published Presidential, Rule, Proposed Rule, Federal Aviation Administration and Notice documents. These corrections are [FR Doc. C2–5081 Filed 3–8–02; 8:45 am] prepared by the Office of the Federal BILLING CODE 1505–01–D 14 CFR Part 39 Register. Agency prepared corrections are issued as signed documents and appear in [Docket No. 2001–NM–253–AD; Amendment the appropriate document categories DEPARTMENT OF THE INTERIOR 39– 12633; AD 2002–02–05] elsewhere in the issue. Bureau of Land Management RIN 2120–AA64 [ES–020–1320–EL] FEDERAL COMMUNICATIONS Airworthiness Directives: Airbus Model A300 B2 and A300 B4; A300 B4–600, COMMISSION Notice of Intent to Prepare a Land Use Analysis/Environmental Assessment B4–600R, and F4–600R (Collectively 47 CFR Part 25 Called A300–600); and Model A310 Correction Series Airplanes In notice document 02–4147 [IB Docket 02–19; FCC 02–30] beginning on page 8033, in the issue of Correction Non-geostationary Satellite Orbit, Thursday, February 21, 2002, make the In rule document 02–2926 beginning following corrections: on page 6376, in the issue of Tuesday, Fixed Satellite Service in the Ka-band 1. On page 8033, in the third column, February 12, 2002, make the following Correction under the heading SUMMARY:, in the correction: fifth line, ‘‘50213’’ should read, In proposed rule document 02–5081 ‘‘51088’’. §39.13 [Corrected] beginning on page 9641 in the issue of 2. On the same page, in the same On page 6378, in §39.13, in table 1, Monday, March 4, 2002, make the column, under the same heading, in the under the column‘‘ In accordance with’’, following correction: same line, ‘‘315.13’’ should read, in the fifth line, ‘‘A300–29–6004’’ ‘‘64.51’’. should read, ‘‘A300–29–6003’’. On page 9641, in the third column, under the DATES: section, in the third [FR Doc. C2–4147 Filed 3–8–02; 8:45 am] [FR Doc. C2–2926 Filed 3–8–02; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D
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Corrections Federal Register Vol. 67, No. 47
Monday, March 11, 2002
This section of the FEDERAL REGISTER line, ‘‘April 3, 2002’’ should read ‘‘April DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously 18, 2002’’. published Presidential, Rule, Proposed Rule, Federal Aviation Administration and Notice documents. These corrections are [FR Doc. C2–5081 Filed 3–8–02; 8:45 am] prepared by the Office of the Federal BILLING CODE 1505–01–D 14 CFR Part 39 Register. Agency prepared corrections are issued as signed documents and appear in [Docket No. 2001–NM–253–AD; Amendment the appropriate document categories DEPARTMENT OF THE INTERIOR 39– 12633; AD 2002–02–05] elsewhere in the issue. Bureau of Land Management RIN 2120–AA64 [ES–020–1320–EL] FEDERAL COMMUNICATIONS Airworthiness Directives: Airbus Model A300 B2 and A300 B4; A300 B4–600, COMMISSION Notice of Intent to Prepare a Land Use Analysis/Environmental Assessment B4–600R, and F4–600R (Collectively 47 CFR Part 25 Called A300–600); and Model A310 Correction Series Airplanes In notice document 02–4147 [IB Docket 02–19; FCC 02–30] beginning on page 8033, in the issue of Correction Non-geostationary Satellite Orbit, Thursday, February 21, 2002, make the In rule document 02–2926 beginning following corrections: on page 6376, in the issue of Tuesday, Fixed Satellite Service in the Ka-band 1. On page 8033, in the third column, February 12, 2002, make the following Correction under the heading SUMMARY:, in the correction: fifth line, ‘‘50213’’ should read, In proposed rule document 02–5081 ‘‘51088’’. §39.13 [Corrected] beginning on page 9641 in the issue of 2. On the same page, in the same On page 6378, in §39.13, in table 1, Monday, March 4, 2002, make the column, under the same heading, in the under the column‘‘ In accordance with’’, following correction: same line, ‘‘315.13’’ should read, in the fifth line, ‘‘A300–29–6004’’ ‘‘64.51’’. should read, ‘‘A300–29–6003’’. On page 9641, in the third column, under the DATES: section, in the third [FR Doc. C2–4147 Filed 3–8–02; 8:45 am] [FR Doc. C2–2926 Filed 3–8–02; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D
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Part II
Department of Labor Mine Safety and Health Administration
30 CFR Parts 18 and 75 Electric Motor-Driven Mine Equipment and Accessories and High-Voltage Longwall Equipment Standards for Underground Coal Mines; Final Rule
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DEPARTMENT OF LABOR underground coal mines and allowed the industry’s need for higher voltages the use of high-voltage longwall and the marked improvement in the Mine Safety and Health Administration equipment. However, it did not design and manufacturing technology of specifically focus on the safety issues high-voltage components, MSHA 30 CFR Parts 18 and 75 related to the use of high-voltage developed rules that establish RIN 1219–AA75 longwall equipment. The Agency requirements for safe high-voltage published a new proposed rule (57 FR electric equipment use. This rule Electric Motor-Driven Mine Equipment 39036) on August 27, 1992, related provides improved design requirements and Accessories and High-Voltage specifically to the safe use of high- for longwall equipment, consistent with Longwall Equipment Standards for voltage longwall equipment in existing requirements in 30 CFR part 18, Underground Coal Mines underground coal mines. These rules and contains provisions that also specifically addressed approval accommodate new design technology, AGENCY: Mine Safety and Health requirements for high-voltage electrical are practical, and lessen burdens on the Administration (MSHA), Labor. equipment operated in longwall face mining community, while preserving ACTION: Final rule. areas of underground coal mines. The safety and health protections for miners. comment period on the proposed rule The safety criteria supporting the rule SUMMARY: This final rule establishes was scheduled to close on October 23, are based on research conducted over MSHA’s new mandatory electrical 1992, but was extended to November 13, the past 18 years by the former U.S. safety standards for the installation, use, 1992 (57 FR 48350). On October 18, Bureau of Mines (USBM) and MSHA. and maintenance of high-voltage 1995, (60 FR 53891), MSHA reopened USBM functions are now a part of the longwall mining systems used in the rulemaking record for additional National Institute of Occupational underground coal mines. The final rule comments to the proposed rule to Safety and Health. This research also includes design approval provide all interested parties an included the following: (1) Foster-Miller requirements for high-voltage opportunity to submit additional research, under USBM contract No. equipment operated in longwall face comments. The comment period was H0308093, which developed a areas of underground mines. These scheduled to close on November 14, recommended high-voltage permissible provisions allow the use of high-voltage 1995, but was extended to December 18, loadcenter criteria; (2) MSHA research, longwall face equipment with enhanced 1995 (60 FR 57203). The Agency under USBM contract No. J0333909, safety protection from fire, explosion, received no requests for a public hearing which resulted in modified criteria to and shock hazards. In addition to on the proposed rule. The record was address high-voltage permissible providing a safer mining environment reopened December 28, 1999, for switchgear enclosures and the and facilitating the use of advanced comments on the updated Preliminary development of test facilities for equipment designs, the final rule Regulatory Impact Analysis (PRIA). The acceptance of high-voltage permissible reduces paperwork requirements by record closed February 28, 2000. Only loadcenters and switchgear enclosures; eliminating the need for petitions for one comment was received. The (3) Follow-up MSHA inspections on modification (variances). commenter agreed with our economic high-voltage machines and longwall analysis of the cost impact of the DATES: This regulation is effective May mining systems operating under proposed rule. 10, 2002. The incorporation by reference experimental permits to confirm design These revised standards allow the use of certain publications listed in the rule requirements and operational safety; (4) is approved by the Director of the of high-voltage longwall mining systems. Longwall mining methods have MSHA internal research and review of Federal Register May 10, 2002. engineering reports for further analysis FOR FURTHER INFORMATION CONTACT: undergone numerous advances in technology during the past 25 years. of hazards relating to explosion-proof Marvin W. Nichols, Jr., Director, Office enclosures which contain high-voltage of Standards, Regulations and These technological advances have led to improved and safer systems. The switching; and, (5) Input from various Variances, MSHA, 4015 Wilson additional requirements under 30 CFR technical experts throughout the mining Boulevard, Arlington, Virginia 22203– part 18 provide enhanced safety community. These criteria are 1984. Mr. Nichols can be reached at protections that are consistent with technically sound and have the general [email protected] (Internet advances in mine technology that consensus of the mining community, e-mail), 703—235–1910 (voice), or 703– allows high-voltage switchgear to be including equipment manufacturers and 235–5551 (fax). You may obtain copies used on face equipment. Title 30 CFR other interested parties. of the final rule in alternative formats by parts 18 and 75 of this final rule The first high-voltage longwall system calling this number. The alternative implements a number of changes to started operating in 1985. Since that formats available are either a large print approval and safety requirements for time we have issued approximately 130 version of the final rule or the final rule high-voltage equipment to accommodate system design approvals for high- in an electronic file on computer disk. the advances in technology in a manner voltage longwall equipment. Over the The final rule also is available on the that protects the safety of miners. last 16 years, no electrical-type fatalities Internet at http://www.msha.gov/ or serious injuries occurred to miners REGSINFO.HTM. A. Part 18 Electric Motor-Driven Mine because of high-voltage equipment used Equipment and Accessories SUPPLEMENTARY INFORMATION: in accordance with over 100 granted Electrical equipment horsepower in high-voltage petitions for modification I. Background mines has increased over the years. The (petitions). Because of this new On December 4, 1989, the Mine Safety voltages required to operate this improved high-voltage technology, the and Health Administration (MSHA) equipment have also increased to designed safety benefits and the published a proposed rule (54 FR accommodate the design of practical observed use experience, MSHA is 50062) to revise its electrical safety and efficient equipment. The design of revising its existing 30 CFR part 18 standards for underground coal mines. safe, efficient, and practical high-voltage electric motor-driven mine equipment That proposed rule addressed all of the electric equipment has improved and accessories approval requirements Agency’s electrical standards for dramatically in recent years. Because of by adding specific design requirements
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for high-voltage longwall equipment in concerns about explosion, fire and include provisions addressing non- underground mines. shock hazards initially associated with electrical safety and health areas. MSHA received comments from all high-voltage use are sufficiently Specifically, they noted that high- segments of the mining industry, and addressed by this newly-developed voltage longwall systems of extended the final rule addresses these comments. technology. In each of the petition cases widths and lengths can adversely affect Many commenters were in favor of the the Agency granted, MSHA performed a not only ventilation, but shearer new approval requirements and were in specific on-site investigation to verify mounted methane monitors, intake agreement on the majority of the this finding. For example, we escapeways, exposure to respirable dust, provisions in the proposed rule. MSHA recognized that high-voltage electric tailgate travelways, and storage plans for carefully reviewed all of the comments. equipment and circuit design self-contained self-rescuers (SCSR’s), as This resulted in the modification of four improvements in combination with well as return entry rockdusting during of the sixteen technical requirements sensitive electrical circuit protections mining. addressed in the proposed rule. We reduce fire, explosion and shock It is the Agency’s view that non- considered the views of all interested hazards. Newly designed cable handling electrical safety and health issues parties, including: mine operators; systems provide additional safety related to the use of high-voltage equipment manufacturers; miners’ protections against electrical shock, fire longwalls are fully addressed by representatives; and other government and explosion hazards when the cable is existing safety and health standards agencies in developing this final rule. moved. Further, lighter power cables are under 30 CFR parts 70 and 75. This MSHA is publishing this high-voltage available which reduce back strain and view has been upheld by administrative longwall approval rule (30 CFR part 18) other injury risks to miners from the law judge, Assistant Secretary and Court along with mandatory safety standards heavier cable lifting and hauling often of Appeals decisions. UMWA v. Federal regarding high-voltage longwall associated with the moving or lifting of Mine Safety and Health Administration, equipment (30 CFR part 75). This new low- to medium-voltage cables. 931 F. 2d 908,913 (D.C. Cir. 1991). The 30 CFR part 18 rule provides additional Moreover, there have been no electrical promulgated standards relating to high-voltage equipment specifications fatalities and no serious electrical ventilation and escapeways under 30 that must be followed by the injuries to miners from high-voltage CFR 75.300 et seq. (61 FR 9764, March manufacturer in order to obtain MSHA equipment used under the granted 11, 1996) provide protection with approval of the equipment. The new 30 modifications. respect to ventilation and escapeways. CFR part 75 rule provides installation, Because of the new improved high- Mandatory health standards under part use, and maintenance requirements for voltage technology, with its attendant 70 address exposures to respirable dust. high-voltage longwalls in underground safety benefits, MSHA is revising its Section 75.215—Longwall mining coal mines. existing 30 CFR part 75 electrical safety systems—addresses longwall tailgate standards. This final rule does not B. Part 75 High-Voltage Longwall travelway protection. Storage plans for reduce the protection afforded by Equipment Safety Standards SCSRs may be approved by MSHA existing 30 CFR part 75 standards. It District Managers in accordance with This part of the final rule provides does, however, provide increased the specific conditions at each mine safety requirements for underground protection from electrical hazards, and under § 75.1714–2—Self-rescue devices; high-voltage longwall systems. reduces paperwork burden. It also use and location requirements. Existing Currently, longwall mining is permitted reduces the time and cost to all parties under MSHA’s existing standards only associated with the petition for § 75.400—Accumulation of combustible if it uses low- or medium-voltage modification process. This final rule is materials—provides protection against electrical power. High-voltage longwall implemented in conjunction with float coal dust and § 75.402—Rock systems are being used, but only when revisions to 30 CFR part 18, that address dusting—requires adequate rockdusting approved by MSHA through the petition approval requirements for high-voltage measures. MSHA continues to work on for modification process under § 101(c) equipment. The additional requirements improved respirable dust protection of the Federal Mine Safety and Health under 30 CFR part 18 are also consistent requirements in response to Act of 1977 (Mine Act). During the last with advances in mine technology, recommendations made by the Secretary 15 years, MSHA has evaluated the safe allowing high-voltage switchgear to be of Labor’s Advisory Committee on the use of high-voltage longwall equipment, used on face equipment with enhanced Elimination of Pneumoconiosis Among under a petition process that permits a safety protection from fire, explosion Coal Mine Workers. mine operator to request that the and shock hazards. MSHA is aware that several granted application of a safety standard be MSHA received comments from all modifications for high-voltage longwalls modified at a particular mine. MSHA segments of the mining community. contain non-electrical requirements grants a petition when it determines that Comments from labor, industry and specific to the affected mine. These a mine operator has an alternative manufacturers generally agree with the requirements are the result of settlement method which provides the same proposed rule. The final rule, to the negotiations arising out of the petition measure of safety protection as the extent feasible and appropriate, process and are not required as part of existing standard, or when the existing responds to commenters’ concerns and this electrical standard. Parties to the standard would result in diminished reflects general consensus of various current petition process may, through a safety protection to miners. Over the parties. However, MSHA did not adopt voluntary, cooperative effort, continue past 15 years, MSHA has granted over all comments received. to follow the non-electrical provisions 100 petitions for modification to use Joint commenters representing both after this final rule becomes effective. high-voltage electrical power with industry and labor recommended that Moreover, as indicated above, existing longwalls. In the Agency’s evaluation of operators mining under granted high- and new standards substantially address the use of high-voltage longwall mining voltage petitions containing non- these concerns and result in no systems, MSHA concluded that they can electrical provisions continue to comply diminution of safety and health be safely used, provided that certain with such provisions. Labor protection currently afforded to miners. conditions are met. Specifically, the commenters requested that standards Moreover, the Agency continually Agency found that the previous safety addressing high-voltage longwalls also reviews existing standards for
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improvements that will enhance miner nonconductive insulating board. These case. The shearer is not required under safety. requirements protect against shock § 18.53(f) to have a disconnect switch. Some commenters suggested that the hazards which may arise from Therefore, in an effort to address this final rule allow a longer phase-in inadvertent contact with energized high- issue, the final rule has been modified period, where equipment modifications voltage circuits. With the exception of a exempting the requirements of are necessary. The Agency does not controller on a shearer, compliance with paragraph (a) when applied to a shearer. believe that a delayed effective date is this section requires the components One commenter recommended that necessary. Many operators are already within each high-voltage motor-starter the term ‘‘location’’ be deleted from the complying with these requirements enclosure be segregated into separate final rule, suggesting that there must be under the petition for modification compartments by voltage classification. a physical separation within process and the modern technology The installation of the barriers and compartments to prevent accidental necessary to implement the final rule is partitions provides separation of contact with a high-voltage circuit while readily available. components in each high-voltage motor- troubleshooting low- and medium- starter enclosure. When complete voltage circuits. Another commenter II. Discussion of Final Rule separation of voltage classifications is proposed the use of separate The following section-by-section not possible with barriers or partitions compartments having explosion-proof portion of the preamble discusses each where both medium- and high-voltage walls between one compartment and the provision affected, starting with the circuits or both low- and high-voltage next. As noted in the proposed rule, the provisions in part 18. The text of the circuits are connected to a component intent of this provision is to minimize final rule is included at the end of the or device, that component is required to shock hazards by preventing exposure document. be located in the motor contactor or of personnel to high-voltage Part 18 Electric Motor-Driven Mine disconnect device compartment. components when troubleshooting and This rule covers both explosion-proof testing low- and medium-voltage Equipment and Accessories and nonexplosion-proof motor-starter circuits in accordance with § 75.820. This final rule addresses only those enclosures that are presently used by MSHA believes that this can be areas where specific additions to 30 CFR the mining industry. MSHA’s policy has accomplished by various types of part 18 are necessary for the approval of been to require barriers and partitions to partitions or barriers, including high-voltage longwalls. The existing separate the disconnect device designing the enclosure into several requirements of 30 CFR part 18 that compartment, control/communications separate explosion-proof compartments. apply to this equipment have not been compartment and motor contactor When designing the partitions or revised. Examples of these types of compartment in both power centers and barriers, however, consideration should requirements are the general motor-starter enclosures. If a motor- be given to possible effects of pressure- construction requirements of the high- starter enclosure is part of a power piling within the enclosure. The use of voltage enclosures and the short-circuit center, then the partitions and barriers the word ‘‘location’’, in the proposed and overload protection to be provided. required by this rule only apply to rule allowed the option of having The overload and short-circuit barriers and partitions for the separate enclosures to house the various protective device settings were not disconnect device compartment, compartments, as noted by the revised and will continue to be control/communications compartment, commenter. In response to these evaluated under existing requirements and motor-starter compartment of the comments, the final rule removes the and Agency policy. power center. This rule does not apply word ‘‘location’’ to provide for The main safety protections addressed to other parts of the power center or to flexibility, but clarifies that the in the final rule are summarized into separate power centers that supply requirement applies to each motor- four areas: (1) Prevention of a high- power to motor-starter enclosures. The starter enclosure. voltage arc from occurring; (2) mining industry presently provides Comments were also received Prevention of the resulting heat or flame barriers for power centers to separate suggesting that we change the word from igniting a methane-air mixture high-voltage components from low- and ‘‘board’’ to ‘‘material’’ in regard to surrounding the machine if an arc or medium-voltage circuits and equipment. construction of barriers and partitions. methane explosion occurs; (3) MSHA encourages the industry to Since the word ‘‘board’’ suggests a more Prevention of enclosure failure from an continue to provide barriers and sturdy barrier than ‘‘material,’’ the final increased pressure rise if an arc or partitions in power centers to minimize rule remains as proposed. methane explosion occurs within the shock hazards by limiting exposure of Paragraph (b) of the final rule, like the explosion-proof enclosure; and, (4) personnel to high-voltage components proposed rule, requires motor-starter Personal protection for miners from when troubleshooting and testing low- enclosure compartment(s) containing electrical shock hazards when working and medium-voltage circuits. If barriers high-voltage components be provided in or around the high-voltage and partitions are not provided on with cover interlock switches. These equipment. power centers, the power center must be interlock switches will protect miners deenergized from an outby set of high- entering enclosures from shock hazards Section 18.53 High Voltage Longwall voltage visible disconnects and the resulting from accidental contact with Mining Systems (Nameplate Ratings high-voltage circuit grounded before energized circuits. A minimum of two From 1,001 Volts Through 4,160 Volts) troubleshooting and testing is performed interlock switches per cover is required Paragraph (a) of this final rule on low- or medium-voltage circuits or and must be wired into the circuitry so requires the separation of compartments equipment in the same compartment that operation of either switch will containing low- and medium-voltage with high-voltage circuits or equipment. deenergize the incoming high-voltage circuits from those with high-voltage Commenters suggested that, because circuits. The Agency believes that a circuits in each motor-starter enclosure of overall machine design second switch coupled with required by location, partitions or barriers. considerations, an exception be maintenance under 30 CFR 75.512 will Partitions and barriers, under this final provided for the controller on a shearer. provide the necessary protection to rule, like the proposed rule, are required In response to this comment, MSHA ensure that the high-voltage circuits are to be constructed of grounded metal or acknowledges that a shearer is a special deenergized whenever a cover is
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removed. MSHA recommends either a windings. Compliance with this dangerous practice to test ground-fault magnetic or a whisker-type switch. provision protects against shock hazards protection by making direct connections MSHA’s follow-up inspections of high- should a fault develop between the between phase and ground, and stated voltage equipment with plunger- primary and secondary windings. that MSHA should establish a policy on operated switches reveal that these Faraday shielding provides electrical this so that the matter is resolved. switches may stick and not operate isolation between the high-voltage In response to these comments, unlike effectively after exposure to the mine primary and low-voltage secondary the proposed rule, the final rule environment. windings of these transformers. As a includes a requirement that each This rule covers both explosion-proof secondary benefit, Faraday shielding of ground-fault test circuit be designed to and nonexplosion-proof high-voltage control transformers assures that inject a primary current of 50 percent or motor-starter enclosures. MSHA’s high- transients occurring on the primary less of the maximum ground-fault voltage longwall petitions require circuit are not transferred to the current through the current transformer interlock switches for high-voltage secondary circuit. Such transients could to cause the corresponding circuit- compartments in both power centers cause premature damage to electrical interrupting device to open. This and motor-starter enclosures. When a control equipment and create an requirement is necessary to reduce the motor-starter enclosure is part of a economic burden for the mining likelihood of a hazardous condition power center, the interlock switches industry. resulting from a phase-to-ground fault. required by this rule only apply to This rule requires Faraday shielding A similar requirement is added to the motor-starter compartments of the for control transformers located in both final rule under 30 CFR 75.814(c). power center. This rule does not apply explosion-proof and nonexplosion-proof Paragraph (f) of the final rule requires to other parts of the power center or to motor-starter enclosures that are each longwall motor-starter enclosure, separate power centers that supply presently used by the mining industry. with the exception of a controller on a power to motor-starter enclosures. The Also, this rule requires Faraday shearer, to be equipped with a mining industry presently provides shielding for control transformers that disconnect device. Opening of the interlock switches for high-voltage supply motor-starter compartments, device deenergizes all high-voltage compartments on power centers. MSHA even if the control transformer is located power conductors extending from the encourages the industry to continue to in a separate power center. This rule enclosure, except the conductors provide interlocks switches for high- does not cover control transformers for supplying power to the enclosure. voltage compartments of power centers. power centers that do not supply power Compliance with this paragraph There were no comments on this to the motor-starter enclosure. provides for convenient and safe paragraph. However, the last sentence of Paragraph (d) also requires the deenergization of high-voltage circuits the proposed rule was deleted to clarify secondary nominal voltage of the and other components during testing the Agency’s intent that at least two control transformer be no more than 120 and troubleshooting work, thus switches be used to satisfy 30 CFR part volts, line-to-line. This is consistent 18.53 (b) requirements. with the existing policy interpretation of minimizing shock hazards. Paragraph (c) of the final rule, like the 30 CFR part 18 control voltage A joint industry commenter suggested proposed rule, requires that circuit- limitations under § 18.47. There were no that the word ‘‘incoming’’ be inserted interrupting devices installed in motor- comments on this paragraph and before the phrase ‘‘disconnect device’’. starter enclosures be designed and therefore, the wording remains the same MSHA believes this is implied, since installed to prevent automatic reclosure. as the proposed rule. the device must deenergize all high- Compliance with this provision protects Paragraph (e) of the final rule, like the voltage power conductors extending miners working on the circuit or in proposed rule, requires test circuits to from the enclosure. Therefore, the other hazardous situations from verify the integrity and proper operation language of final rule remains as unanticipated reenergization of the of the ground-wire monitors and proposed. circuit. For example, faults occur in ground-fault protective devices. Test Paragraph (f)(1) of the final rule, like underground electrical systems as a circuits for ground-wire monitors and the proposed rule, specifies that a single result of roof fall damage or equipment ground-fault circuits assure that the handle provide for simultaneous insulation failure. Under such circuits can be tested frequently in a operation through a mechanical circumstances, the use of automatic manner that minimizes the hazards to connection of multiple switches located reclosing circuit-interrupting devices personnel conducting the tests. within an enclosure. The simultaneous would create shock and fire hazards Incorporating these test circuits into the operation of multiple disconnect should the devices reclose automatically longwall circuitry eliminates the need to devices by the use of a single handle when a short-circuit or ground-fault test these protective devices by other ensures that all high-voltage conductors condition exists in the circuit. There means that could result in a shock extending from the enclosure are were no comments on this paragraph. hazard by placing personnel in close deenergized when the disconnect device Therefore, the language in the final rule proximity to exposed energized is in the open position. This has not been changed from the proposed conductors. arrangement ensures that personnel rule. Some commenters noted that the entering other enclosures are protected Paragraph (d) of the final rule, like the testing of backup ground-fault devices from a shock hazard resulting from proposed rule, specifies that control located across the grounding resistor accidental contact with energized transformers installed in each longwall would require the application of an circuits in the event the wrong circuit is motor-starter enclosure or control actual phase-to-ground fault, which disconnected. transformers that supply control power could be hazardous. These commenters The words ‘‘isolator switch’’ and to each longwall motor-starter suggested that the ground-fault test ‘‘switches’’ were removed in the final enclosure, must have electrostatic circuit inject a primary current into the rule to minimize confusion. There were (Faraday) shielding, grounded by at transformer and not subject the no comments on this paragraph and the least a No. 12 American Wire Gauge equipment to an actual phase-to-ground language in the proposed rule remains (AWG) grounding conductor, installed fault. In addition, another commenter unchanged except for the above between the primary and secondary supported the opinion that it is a clarifications.
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Paragraph (f)(2) of the final rule, like and motor-starter enclosures. If a motor- requirement that neither the main the proposed rule, further defines the starter enclosure is part of a power circuit-interrupting device nor the requirements of a disconnect device. center, then this rule covers the power disconnect device can be closed without The switch must be rated for the center. This rule does not apply to deenergizing the incoming high-voltage maximum phase-to-phase circuit voltage separate power centers that supply circuit unless the auxiliary test switch is of the system. The ability to verify, by power to motor-starter enclosures. The in the normal operating position, has visual observation, that the switch’s mining industry presently provides this been replaced with a requirement which contacts are opened is also required. interlocking of the disconnect device for more clearly states the expected This verification must be determined power centers. MSHA encourages the performance of the control interlock without the removal of any enclosure industry to continue to interlock circuit. The final rule requires high- cover. The removal of an enclosure disconnects with the control circuits to voltage control circuits to be interlocked cover to verify opening of the contacts facilitate troubleshooting and testing so they can be energized only when the presents an increased shock hazard to high-voltage circuits and equipment disconnect switch is either in the miners because of exposed energized while the high-voltage circuits are ‘‘closed’’ or the ‘‘open and grounded’’ high-voltage components. disconnected. This maintains the positions. High-voltage control circuits Also included under this paragraph existing level of protection because the may not be operated in any other are the requirements that all load-side interlock disconnects provide an intermediate positions of the disconnect power conductors be grounded and the additional safeguard against inadvertent switch or auxiliary switch. This device be provided with a means to be exposure to energized high-voltage requirement will prevent unintentional locked when the device is in the ‘‘open’’ circuits. energization of high-voltage position. These requirements guard One commenter noted that the components. The control circuit can be against the hazard of maintenance proposed rule calls for deenergizing the energized only when the disconnect personnel being exposed to high-voltage incoming high-voltage circuit if the switch is ‘‘open and grounded’’ with the energized parts due to residual voltage normal/test auxiliary switch is not in auxiliary switch in the ‘‘test’’ position, or inadvertent energization of the the normal position while closing the or when it is closed with the auxiliary circuit. main circuit-interrupting device and the switch in the ‘‘normal’’ position. MSHA The final requirements of this disconnect device (isolator switch). This has not included language in this paragraph address the interrupting commenter stated that this requirement paragraph to specifically exclude the capability of the disconnect device. A would necessitate a retrofit in existing controller on a shearer from these disconnect device installed in an longwall controllers since the normal/ interlock requirements, as suggested by explosion-proof enclosure must be test switch must be in the normal some commenters. Shearers are not designed and installed to cause the position when the disconnect switch is required to be equipped with a current to be interrupted automatically closed in order for the control circuit to disconnect device as stated in § 18.53(f) prior to the opening of the device. This function at all. This would prohibit the of this final rule and MSHA does not requirement addresses the concern closing of the circuit-interrupting device intend that this provision be applicable about an explosion-proof enclosure and would disable the control circuitry. to shearers. Therefore, except for the failure because of an increased pressure With the disconnect device in the open/ above stated clarifications, the final rule rise. This pressure rise can result when grounded position, the test circuitry remains as proposed. an arc or methane explosion occurs cannot be used unless the normal/test Paragraph (h) of the final rule requires within the explosion-proof enclosure. switch is in the test position. The that the electrical protection be set at an When the enclosure is not explosion- commenter further indicated that, in appropriate value to provide protection proof, as in outby switching, the device either case, the incoming high voltage for the size and length of the longwall is required to either be installed in the does not present a hazard. motor and shearer cable used, based on circuit so that the circuit is Other commenters recommended that an ‘‘available fault current’’ study that automatically interrupted prior to the the control circuits within each high- must be submitted to MSHA. Proper opening of the device or the device is voltage motor-starter enclosure be electrical protection is essential in required to be capable of interrupting interlocked with the disconnect device, preventing a fire, explosion or shock the full-load current of the circuit. There except for the controller on a shearer, so hazard resulting from inadequate sizing were no comments on this paragraph that the control circuit can be powered of electrical cables. and the language in the proposed rule with an auxiliary test switch when the Appendix I of existing 30 CFR part 18 remains unchanged in the final rule. disconnect device is in the open and includes maximum trailing cable Paragraph (g) of the final rule grounded position; and the disconnect protective device settings and trailing addresses the interlocking of the device cannot be closed without de- cable length restrictions as specified in disconnect device. These interlocking energizing the incoming high-voltage Table 8 and in Table 9. These have, in requirements reduce shock hazards by circuit unless the auxiliary test switch is the past, been used as guidance in increasing the probability that the high- in the normal operating position. These evaluating cables on longwalls rated at voltage circuits will be isolated and commenters stated that, in many cases, less than 1,000 volts. Under this final deenergized prior to performing testing it is necessary to close the main circuit- rule and consistent with agency policy, and troubleshooting on the low- and interrupting device with the auxiliary the length restrictions and device medium-voltage circuits and ensure that switch in the test position. settings do not apply to high-voltage high-voltage circuits may only be MSHA has carefully reviewed and longwall motor and shearer cables. The energized at the proper time following considered these comments. The final procedures used in evaluating high- this activity. rule retains the requirement that the voltage longwalls cables and settings This rule covers both explosion-proof control circuit for high-voltage motor- include a review of the applicant’s fault- and nonexplosion-proof motor-starter starters can only be energized through current study to determine the enclosures that are presently used by an auxiliary test switch when the minimum expected short-circuit the mining industry. MSHA’s policy has disconnect switch is open and the load currents available at the farthest been to interlock disconnects with the power conductors of the high-voltage projected installation in the electrical control circuit in both power centers circuit are grounded. The proposed system.
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This paragraph of the final rule has achieved because the phase-to-ground tripping. This scheme is widely used in been clarified, in response to a proposed short-circuit currents, unlike the phase- mining at all voltages. Requiring all 1989 electrical rule comment, to to-phase short-circuit currents that may three phase conductors to be encircled indicate that trailing cables would also flow from faults in other cable by the CT prohibits the equipment be included in the required evaluation constructions, are limited in magnitude safety grounding conductors from to ensure adequate protection for the by the grounding circuit components. passing through or being connected in length and conductor size of all cables, Some commenters suggested that series with the CT. If the safety including longwall motor, shearer and these cables should be assembled with grounding conductor passes through or trailing cables. However, MSHA does a grounded shield around each power is connected in series with the CT, it is not intend to specify a fixed maximum conductor but that the shield should not possible for the fault currents to flow setting for short-circuit protective be specified as metallic since these through parallel paths, thereby reducing devices, as noted by the commenter. power systems restrict ground-fault the reliability of the ground fault MSHA intends to be flexible by current to reduced values and the cables protection. assessing each installation individually. are constantly flexed. They believed that Some commenters suggested that if The submitted fault study is the basis in an improved cable could be developed the full-load current of the circuit determining the settings, and for with a nonmetallic shielding material exceeds 200 amperes, the instantaneous permitting higher trailing cable circuit around each power conductor. In ground-fault protection be set at not protective device settings and cable response to this comment, MSHA more than 0.200-amperes. They stated lengths than specified by 30 CFR part believes that this technology has not that it is very difficult to produce 18. MSHA recognizes that it is practical been demonstrated or shown to provide ground-fault current transformers that to design longwall systems with higher equivalent safety in underground coal can reliably discriminate between small circuit protective device settings and mines. Although MSHA supports the ground-fault currents and larger motor longer cable lengths in order to lessen application of new technology, starting currents and that when the full- economic burdens on the mining questions such as splicing reliability load current of a circuit exceeds 200 community while preserving safety and would need to be addressed before amperes, it is reasonable to expect health protections for miners. Some incorporating these types of cables on motor starting currents in excess of commenters noted that the fault study is longwalls. If a reliable system using this 2,000 amperes. They asserted that a unique to each mine and that this type of cable were developed and small increase in the setting of the requirement should not be included in equivalent safety were demonstrated, it ground-fault protection is justified for 30 CFR part 18. They suggested that the could be addressed under existing certain high-current circuits and that the regulation is more suitable for inclusion §§ 18.20(b)—Quality of material, suggested 0.200-ampere setting would in part 75. MSHA disagrees. In order for workmanship, and design and/or still be less than 40 percent of the a longwall mining system to be safely 18.47(d)(6)—Voltage limitation through maximum ground-fault current. They designed, the designer must know the the construction and design noted that the specification of the parameters under which the longwall requirements for MSHA approval. The current transformers is very rigid and will be operated. These parameters final rule has not been modified, as stated that the regulation should allow would include available fault currents. suggested by commenters, and remains for new technology if it can provide The final rule requires that this as proposed. equal or improved protection. In Paragraph (j) of the final rule specifies relation to ground-fault protection, a information be provided to MSHA to that high-voltage motor and shearer commenter focused on MSHA’s determine whether cables are circuits be provided with instantaneous statement that zero sequence type adequately protected. Historically, ground-fault protection set at not more relaying ‘‘is not affected by CT error.’’ longwalls are custom-made systems and than 0.125-amperes. The current The commenters stated that, in their are not designed for more than one transformers (CT) used for ground-fault experience, erroneous signals are mining company. The fault study protection are required to be of the produced in the CT’s if the current should take into account worst-case single window-type and installed to levels are sufficiently high. They noted projections (i.e., longest cable lengths, encircle all three phase conductors. This that when starting currents flowing in smallest Kilo-Volt Amperes (KVA) will provide highly sensitive and the power circuit are in excess of 2000A Power Center). Enforcement personnel responsive ground-fault detection it is possible that an ‘‘error current’’ will also use this information to ensure systems, using new technology such as exceeding 100mA may be fed to the compliance with § 75.518–1—Electric solid state relays, for high-voltage relay, causing nuisance tripping. For equipment and circuits; overload and circuits supplying electric face this reason, it is their belief that the short circuit protection; minimum equipment. The protective devices are relays on the power center output cables requirements. Except as clarified above, required to operate instantaneously to the longwall controls are now set to the final rule remains as proposed. when exposed to ground faults that a higher current of 200–300mA and Paragraph (i) of the final rule requires exceed the trip setting of the ground- these cables carry the combined starting all longwall motor and shearer cables fault protective device. Therefore, currents of two or three motors. They with nominal voltages greater than 660 compliance with this standard will concluded that as a result, when the size volts to have a cable construction with greatly reduce the likelihood of fires and of individual motors gets larger, this a grounded metallic shield around each shock hazards that result from ground problem will be experienced on motor power conductor. This regulation faults on the high-voltage circuits or cables. requires the incorporation of the equipment. MSHA has reviewed these issues and grounded shield around each power The use of the single window-type determined that reliable, sensitive conductor providing additional current transformer encircling all three ground-fault protective devices are personnel protection against shock and phase conductors is the most reliable commercially available and that they electrocution hazards. This is necessary method for detection of ground faults in have been successfully used to correct because any cable faults would cause mine power systems. This type of the problems described by the phase-to-ground short-circuit currents to relaying (zero-sequence) is not affected commenters. These devices can safely flow. An extra level of protection is by CT error and gives very sensitive and reliably operate at 0.125-ampere or
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less. The use of a single window-type pressure). The final rule’s performance- included in this section. The required current transformer to encircle only the oriented language permits compliance creepage distances are determined based three phase conductors assures that through any achievable means. upon the phase-to-phase use voltage and sensitive ground-fault devices will Protective methods used in previously the CTI of the insulation to be used. detect all ground faults exceeding the issued approvals and experimental Creepage distance is based in part on setting of the device. Detection devices permits consisted of electrical devices the CTI of the electrical insulating inserted in the ground wire may not with rapid clearing times. However, the material. An appropriate method of detect all ground-fault currents and rule provides for flexibility and permits determining the CTI of the electrical could compromise the integrity of the alternative methods that may provide insulating material is described in the ground circuit. Therefore, the final rule equal protection, such as pressure American Society for Testing and has not been modified and remains as switches or special pressure release Materials Standard, ASTM D3638 proposed. devices. There were no comments on ‘‘Standard Test Method For Paragraph (k) of the final rule, like the this paragraph. The final rule remains as Comparative Tracking Index of proposed rule, requires safeguards proposed. Electrical Insulating Materials.’’ The against corona to be provided on all Paragraph (m) of the final rule, like MSHA derived creepage distances in the 4,160 volt circuits in explosion-proof the proposed rule, requires that high- table are consistent with most enclosures. Corona is a luminous voltage electrical components located in commercially available high-voltage discharge that occurs around electrical high-voltage explosion-proof enclosures components to which this provision conductors that are subject to high cannot be coplanar with a single-plane applies. There were no comments on electrical stress. One danger inherent flame-arresting path. This protective this paragraph. The final rule remains as with high-voltage equipment is that measure will further prevent the heat or proposed. excessive electrical stress can cause flame from an arc or methane explosion Paragraph (o) of the final rule premature breakdown of insulating in an explosion-proof enclosure from addresses a requirement for Minimum materials, which could result in arcing, igniting a methane-air mixture Free Distance (MFD) within an thus creating an explosion hazard in the surrounding the enclosure. This explosion-proof motor-starter enclosure. presence of corona. Corona usually requirement addresses the possibility of MSHA’s Internal Engineering Report doesn’t present a hazard until voltage of conductor material particles being Number 87021701 (available in the 8kV are reached. However, even at 4,160 expelled from the enclosure through the rulemaking record) determined that if volts, safeguards should be taken. This flame-arresting path. Particles of molten phase-to-phase arcing occurred, there would include using cables with a material are emitted from the may be adequate arc energy to heat the corona resistant insulation such as conductors whenever a short-circuit walls of the enclosure beyond the safe ethylene propylene, to avoid small nicks occurs. Expulsion of these particles working temperature. This could cause or cuts in the cable insulation and to from the enclosure can occur if their failure of the enclosure and create an minimize high-voltage transients. This source is in the same plane as the flame- explosion hazard. Distances between the provision is not intended to require arresting path and a pressure rise wall or cover of an enclosure and stress cones or similar termination coincides with the short circuit. Once uninsulated electrical conductors inside schemes. There were no comments on these particles are expelled from the the enclosure were established to this paragraph. The final rule has not explosion-proof enclosure, they can prevent wall or cover damage from been modified and remains as proposed. ignite an explosive atmosphere should phase-to-phase arcing. Paragraph (l) of the final rule, like the one be present. This possibility does not Some commenters suggested that the proposed rule, requires limiting the arise with multi-plane flame-arresting last sentence of the proposed paragraph maximum explosion pressure rise path surfaces because a deflection in the (o) be revised as follows: ‘‘If a grounded within an enclosure to 0.83 times the path would prevent ignitions by 1⁄4-inch thick steel shield is installed design pressure for any explosion-proof expelled particles. There were no between the area of potential arcing and enclosure containing high-voltage comments on this paragraph. The final the adjacent wall/cover area, the switchgear. This requirement protects rule remains as proposed. minimum free distance requirement is against explosion hazards that may arise Paragraph (n) of the final rule, like the satisfied.’’ MSHA believes that this from the effects of a sustained high- proposed rule, addresses MSHA’s comment was based on a footnote voltage arcing fault. This arcing fault concern with the decomposition of present in the part 18 approval criteria may significantly contribute to the insulating materials due to tracking. In established by MSHA for high-voltage pressure rise created in an explosion- the presence of surface contaminants, equipment containing on-board proof enclosure during an internal small levels of current can flow between switching of high-voltage circuitry. This methane-air explosion. Research conductors. As the currents flow, the criteria indicates that the specified conducted by the former U.S. Bureau of insulation may carbonize and produce MFDs may be reduced if a 1⁄4″ thick Mines and MSHA on effects of high- conducting tracks. The conducting steel shield is used between the area of voltage arcing in explosion-proof tracks may grow progressively across potential arcing and the adjacent wall/ enclosures concluded that this potential the surface eventually bridging between cover area. Since this footnote did not increased pressure rise can be safely conductors and causing complete cite a MFD or qualify the circumstances addressed through a combination of breakdown. Using insulation with an under which this shield could be used, designing the enclosure for the adequate Comparative Tracking Index MSHA did clarify this criteria exception increased pressure and providing (CTI) rating can prevent tracking, thus in the proposed rule, and the final rule electrical protective devices set to minimizing potential arcing that could remains unchanged with respect to this deenergize the incoming circuit before lead to an explosion hazard. Paragraph clarification. A commenter also stated the pressure rise becomes excessive. (n) requires that rigid insulation that a steel shield could be mounted in This provision requires that the between high-voltage terminals or conjunction with an aluminum wall or maximum explosion pressure rise must between high-voltage terminals and cover to reduce the required minimum be limited to a value that can be safely ground be designed with creepage free distance and that the thickness of contained within the explosion-proof distances in accordance with the table this steel shield would be used to enclosure (83 percent of the design labeled ‘‘Minimum Creepage Distances’’ determine the required minimum free
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distance. MSHA has determined that a warranted, under §§ 18.20(b) and/or not exhibit leakage through welds or 1⁄4″ thick steel shield, mounted to 18.47(d)(6). MSHA intentionally casting or rupture of any part that affects maintain a minimum electrical omitted the MFD value for a 1″ thick the explosion-proof integrity of the clearance, as suggested by the steel wall/cover under Column A to enclosure. Further, the enclosure, commenter, would not provide minimize confusion. MSHA calculated following removal of the pressurizing sufficient protection if a phase-to-phase this value to be 0.3″, which is less than agents, must not exhibit visible cracks arc occurred. The final rule also permits the minimum electrical clearance that in welds, permanent deformation the use of steel shields greater than 1⁄4″ must be maintained under § 18.24 for exceeding 0.040 inches per linear foot, thick to provide for flexibility and high-voltage equipment. As indicated or excessive clearances along flame- diversification in enclosure design. above, the proposed rule has been arresting paths following retightening of Some commenters noted that the modified in part, and adopted in part. fastenings, as necessary. Any of the proposed regulation classified all Paragraph (p) of the final rule, like the above conditions would constitute enclosures in one of two groups: those proposed rule, requires a static pressure unacceptable performance. with short-circuit currents less than test to be performed on each prototype There were no comments on this 10,000 amperes and those with short- design of explosion-proof enclosure paragraph. However, the final rule is circuit currents between 10,000 and housing high-voltage switchgear prior to modified to clearly state the type and 20,000 amperes. It was their view that explosion tests. The manufacturer is nature of quality assurance inspections because of the substantial increase in also required to use this test as a routine that qualify as an MSHA accepted minimum free distance between these test on every explosion-proof enclosure quality assurance procedure. groups, MSHA should permit a housing high-voltage switchgear, at the manufacturer to calculate the time of manufacture, or follow an Part 75 Mandatory Safety Standards— appropriate MFD when the short circuit MSHA accepted quality assurance Underground Coal Mines current is between 10,000 amperes and procedure covering the inspection of the The final rule revises existing 20,000 amperes. They also enclosure. These quality assurance standard § 75.1002—Location of trolley recommended that MSHA include a procedures must include a detailed wires, trolley feeder wires, high-voltage provision that would permit the check of parts against the drawings to cables and transformers, and adds minimum free distances to be revised determine: (1) That the parts and the §§ 75.813 through 75.822 to set out based on future research in this area. drawings coincide and (2) that the additional safety precautions that allow Finally, they noted that the MFD for a minimum requirements stated in 30 the use of available technology. These 1-inch thick cover under Column A was CFR part 18 have been followed with new safety precautions address the use omitted. respect to materials, dimensions, of high-voltage longwall equipment in In response to these comments, configuration and workmanship. face (production) areas. As stated MSHA has revised the Minimum Free MSHA is concerned about the earlier, MSHA previously included Distance Table by adding minimum free specified design pressure of an these safety precautions in petitions distance information for short-circuit enclosure. Presently, an enclosure that granted for § 75.1002. Based on its currents of 15,000 amperes. is designed for 150 pounds per square experience with petitions for Additionally under the final rule in inch gauge (PSIG) is tested with a modification, the agency expects the paragraph (o)(1), MSHA allows for methane explosion. Normally, these final rule to improve safety for values not presented in the table pressures do not exceed 100 pounds per underground coal mining. provided that they meet the specific square inch (PSI). Since the protective Under the final rule, the risk of injury engineering formulas on which the table method to prevent over-pressurization related to lifting and handling of cables is based. These formulas were in these enclosures would be directly should be reduced since the use of high- developed by MSHA engineers with related to the design pressure, MSHA voltage cables can reduce the weight standard engineering calculations using has developed the static pressure test and size of a cable used in longwall face data obtained from high-energy arc with its acceptable performance criteria systems. testing. This testing was performed to ensure each enclosure design would The final rule also provides the during Foster-Miller research, under be capable of withstanding its design following protection against fire, USBM Contract No. H0308093. The pressure. By requiring static pressure explosions, and/or shock hazards: MSHA research reports and data are testing on each enclosure prototype, (1) Improved short-circuit and ground part of the rulemaking record and are MSHA believes that the adequacy of fault protection; available for review. enclosure design would be verified. (2) A means to easily test the Equipment approved under these Additionally, to require either effectiveness of ground fault protection; circumstances will be limited to subsequent static pressure testing on (3) Use of manufactured cable support equipment used only with power each enclosure manufactured or an systems for cables extending from the systems that do not generate short- acceptable quality assurance program power center to the headgate; circuit currents that exceed the design guarantees the integrity of later (4) Use of insulated cable-handling parameters used for establishing manufactured units. equipment; minimum free distance. In addition, The static test procedure specifies that (5) Use of protective gloves to MSHA will consider the use of shields the enclosure be internally pressurized troubleshoot and test low- and medium- constructed with alternate materials and to a pressure no less than the design voltage circuits associated with high- the use of alternate techniques and pressure, with the pressure maintained voltage circuits; methods that preclude the possibility of for a minimum of 10 seconds. Following (6) Use of additional protection for high-energy arcs heating the walls of the pressure hold, the pressure is cables at points where cables leave explosion-proof enclosures beyond safe removed and the pressurizing agent support systems; working temperatures. If upon removed from the enclosure. (7) Use of more improved ‘‘quick evaluation, equivalent safety is Acceptable performance criteria are handle’’ disconnect devices for the demonstrated, MSHA will address these provided in this final rule. Acceptable purpose of performing work; and technological advances and the results performance is achieved if the (8) The use of barriers and interlock of additional research in this area, if enclosure, during pressurization, does switches to help guard against contact
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with energized circuits. The final rule be used without increasing voltage representatives were sent copies of these requires the use of cables containing levels which helps minimize cable over- proposed definitions as part of the metallic shielding (SHD) around each heating and reduces cable insulation complete longwall high-voltage power conductor. deterioration. Multiple parallel circuits proposed rule. There were no comments Many of these final rule safety in these systems are a logical option that opposing this approach. improvements are required conditions resulted from this high-voltage longwall The definitions are derived from for granted modifications of § 75.1002. petition experience. As noted above, consensus standards, including the However the final rule, like the industry and labor suggested multiple Institute of Electronic and Electrical proposed rule, provides two additional parallel circuit use during the Engineers, The New Standards requirements. These are gloves for rulemaking comment process. Dictionary of Electrical and Electronics troubleshooting and testing, and test Section 75.822 allows the use of high- Terms—Standard 100–1992, and the circuits for ground-fault protection. voltage longwall cables with a minimum National Electrical Code (NEC). The final rule, in response to No. 16 AWG center ground-monitor Definitions found in 30 CFR part 18 of commenters’ suggestions, also provides conductor. This provision eliminates MSHA’s regulations were also used as a two provisions not included in the the need for petitions for modification source for this final rule. In some proposed rule, §§ 75.814(e) and 75.822. of § 75.804(a). It allows the use of instances, definitions taken from these Section 75.814(e) requires a single improved high-voltage cable designs sources were changed to apply to circuit interrupting device for cables that provide increased protection electric circuits and equipment used in connected in parallel or permits parallel against fire and shock hazards. It the coal mining industry. circuits-interrupting devices to protect reduces inter-machine arcing from MSHA proposed that the term parallel cables when the parallel circuit- induced currents which can result in an ‘‘adequate interrupting capacity’’ be interrupting devices are electrically and ignition hazard. The cable designs were defined as the ability of an electrical mechanically interlocked. Section initially developed for high-voltage protective device to safely interrupt all 75.822 allows the use of No. 16 AWG longwall equipment under previously values of current which can occur at its ground-monitor conductors. These granted petitions. location in excess of its trip setting or additional provisions are a logical The cable design requirements were melting point. A commenter suggested outgrowth of the proposed rule and also requested by labor and industry that this term be defined as the ability notice and comment process, reflecting during the comment period of the of an electrical protective device, based the primary purpose of the proposed proposed rule. Since 1992, under upon its required and intended rule by allowing the use of high voltage MSHA-approved petitions, these cable application, to safely interrupt values of on longwalls in a safe and efficient designs have been safely used. current in excess of its trip setting or manner. The new provisions are in These new requirements not only melting point. MSHA agrees and has response to specific joint industry and permit multiple parallel cable use and changed the proposed definition to labor comments received about parallel the use of No. 16 AWG ground-monitor reflect this suggestion. This commenter circuit use, and industry comments conductors but also minimize industry suggested that the proposed definition about the size of ground-check paperwork requirements. With this new would cause a problem, since in motor- conductors. These additional provisions technology, the final rule results in starter enclosures of the type presently permit the use of high-voltage longwall improved safety and savings for both the used for high-voltage longwalls, short- systems that are safe, effective and mining community and MSHA. Cable circuit protection is provided by a single efficient and reflect the mining replacement and maintenance costs will circuit breaker common to all motor community’s experience with granted be reduced. Also, mine operators will circuits, whereas overload, ground fault, modifications. The ground-monitor not need to file petitions for and ground-monitor protection trips conductor size and the multiple parallel modification; therefore, costs associated individual motor contactors. According circuit provisions are not requirements with the petition process will be to this commenter, this could result in but are offered to give flexibility to mine eliminated. Legal costs are incurred by the interruption of the intended operators to use available technology all segments of the mining community protected circuits at a higher current and to minimize cost burdens where in the administrative review process value than was intended or required for feasible. associated with petitions. Agency costs that circuit, therefore, affording less Section 75.814(e) of the final rule associated with publication, processing, protection against overheating, shock requires that multiple (parallel) circuits investigation and review of high-voltage and fire hazards. The commenter further be protected by a single circuit- longwall petitions will also be suggested that in applying the revised interrupting device rather than parallel eliminated. definition, the short-circuit relay signals connected circuit-interrupting devices, The final rule increases safety the circuit breaker to interrupt the short- except when parallel devices are protections and does not reduce the circuit current, whereas the ground-fault mechanically and electrically protections currently afforded miners. relay signals the contactor to interrupt interlocked. This requirement is based the restricted ground-fault current. on MSHA electrical safety experience, Section 75.2 Definitions Under the final rule, adequate and experience in granting high-voltage The definitions in this section are key interrupting capacity is determined by longwall petitions for modification, and to proper interpretation of the electrical comparing the interrupting rating of the is consistent with requirements under standards. Upon review, the Agency device with the actual characteristics of nationally recognized consensus concluded that these definitions should the circuit to be protected. Thus, standards. Although multiple parallel also be used to describe these terms interruption of the circuit occurs at the circuits are not necessary for safe high- wherever they appear in 30 CFR part 75 current rating required or intended for voltage longwall systems, they do and proposed such an approach. This that circuit rather than all values of present certain safety and cost efficiency approach will provide clarity and current which can occur at its location. advantages to some longwall high- consistency in the use of these terms The final rule defines ‘‘approval voltage systems as demonstrated under where they appear in all underground documentation’’ to mean formal papers MSHA’s and the mining industry’s safety standards. All underground coal issued by the Mine Safety and Health petition experience. Higher currents can mine operators and miners Administration which illustrate and
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describe the complete assembly of operation of equipment. The Agency standard for shearing machines that electrical machinery or accessories that received no comments on this definition have been previously evaluated by have complied with the applicable and it has not been changed. MSHA under part 18, using non-high- approval requirements of 30 CFR part The final rule, like the proposed rule, voltage criteria. However, such an 18. The rule retains the meaning of the defines ‘‘short circuit’’ to mean an exemption would exclude shearing proposed rule but, for clarification abnormal connection of relatively low machines from the general safety purposes, replaces ‘‘formal document’’ impedance, whether made accidentally requirements contained in the final rule. with the words ‘‘formal papers’’ and the or intentionally, between two points of Safety requirements pertaining to verb ‘‘document’’ with the words different potential. There were no electrical work, such as troubleshooting ‘‘describe and illustrate’’. The proposed comments on this definition so it and testing, and installation, language was also changed to accurately remains unchanged. examination and maintenance, contain reflect that ‘‘approval documentation’’ Definitions of low voltage, medium provisions that apply to all equipment refers to those papers that illustrate and voltage, and high voltage were on the high-voltage longwall, including describe equipment meeting the inadvertently included in the proposed shearing machines. Other provisions ‘‘applicable requirements of 30 CFR part rule. No comments were received on relating to disconnect devices and cable 18.’’ This change clarifies that approval these definitions. These terms are handling and support systems are documentation must be submitted defined in existing rules and are not applicable to the equipment they under part 18. MSHA received no addressed in this final rule. address. Therefore, the Agency does not comments in regard to this definition. One commenter suggested that ‘‘cable believe that a general exemption for Like the proposed rule, the final rule handling and support system’’, a phrase shearing machines would promote defines ‘‘circuit-interrupting device’’ as used frequently in § 75.817—Cable safety. a device designed to open and close a handling and support systems, should circuit by nonautomatic means and to be defined. Section 75.817 contains the Section 75.814 Electrical Protection open the circuit automatically at a performance goals that cable handling This section of the final rule is predetermined overcurrent value and support systems must achieve, by derived in part from existing §§ 75.518– without damage to the device when minimizing the possibility of miners 1—Electric equipment and circuits; operated within its rating. The Agency coming into contact with cables and overload and short circuit protection; received no comments on this definition protecting the high-voltage cables from minimum requirements, 75.800—High- and it is unchanged from the proposed damage. The Agency does not believe voltage circuits; circuit breakers, and rule. This definition clarifies that that a definition is necessary for this 75.800–2—Approved circuit schemes circuit-interrupting devices be designed term. Specifically defining a cable and addresses electrical protection for manual closure rather than handling and support system would methods for longwall equipment automatic, to protect against safety limit operator flexibility with respect to supplied by high-voltage systems. The hazards which could result in severe cable handling and support systems that effects of ground faults, electrical arcing, bodily injury and death if unexpected may be designed in the future and heating of conductors, and short circuits automatic energization of equipment provide equal or greater safety can have adverse consequences to the were to occur. Conversely, the device protection. Cable handling and support safety of miners. Effective electrical must be capable of opening the circuit systems are understood by the plain protection for longwall equipment will automatically upon the occurrence of an meaning of the words. reduce the potential for ignitions, fires, and miner exposure to energized electrical fault. The rating of the device Section 75.813 High-Voltage equipment frames. The final rule must be at a value that would protect Longwalls; Scope the device from damage during the incorporates the latest technology and automatic deenergization of the circuit. Section 75.813 describes the scope of provides increased worker protection ‘‘Ground fault or grounded phase’’ is this final rule; it identifies new for high-voltage longwall mining defined to mean an unintentional §§ 75.814 through 75.822 as electrical equipment. connection between an electric circuit standards that apply only to the use of Paragraph (a) of the final rule and the grounding system. MSHA high-voltage longwall circuits and addresses requirements for short-circuit, received no comments on this definition equipment. The final rule, unlike the overload, ground fault, and and it remains unchanged from the proposed rule, expands the scope to undervoltage protection for high-voltage proposed rule. include new § 75.822. As explained cables extending from the section power Like the proposed rule, the final rule below, § 75.822 is included in the final center, the shearer motor cable(s), and defines ‘‘motor-starter enclosure’’ to rule in response to a comment regarding the remaining motor cables. Short- mean an enclosure containing motor the size of ground-monitor conductors circuit and overload protection prevent starting circuits and equipment. This in cables. This provision also eliminates damage to cables and motors due to term describes equipment commonly the need for petitions for modification overheating. Ground-fault protection used to house longwall motor-starting related to ground-monitor conductor minimizes the risk of shock injuries and equipment. No comments were received size. This section also clarifies that all ignition hazards to miners. Under- on this definition and it remains other existing standards in 30 CFR that voltage protective devices prevent unchanged. are applicable to the use of high-voltage automatic restarting of equipment Also like the proposed rule, the final longwall circuits and equipment following a loss of power. rule defines ‘‘nominal voltage’’ to mean continue to apply. For example, safety The final rule also requires circuit- the phase-to-phase or line-to-line root- standards, such as grounding and interrupting devices for high-voltage mean-square value assigned to a circuit ground-monitor requirements contained circuits that supply power to longwall or system to conveniently designate its in subparts H and I of part 75 that are equipment be properly rated to safely voltage class, such as 480 or 4,160 volts. currently applicable to high-voltage interrupt the current to which it may be The definition clarifies that the actual installations are also applicable to high- exposed without damage. The adequacy operating voltage of a system or circuit voltage longwall equipment. of the circuit-interrupting device assures may vary from its nominal voltage Some commenters suggested that an that the device will remain undamaged within a range that permits satisfactory exception should be made in the by overcurrents and faults in the system.
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One commenter requested calculations and not by actual in-mine advantageous for the failure to be clarification regarding whether vacuum short-circuit tests. cleared by the circuit-interrupting contactors can be used to provide To date, it has not been necessary to device in the controller, not the section ground-fault and overload protection conduct in-mine testing for the purpose power center which acts as a back-up. since some have been approved for use of making determinations of proper This commenter further stated: on longwall controllers. Vacuum settings of short-circuit protective (1) Without the presently permitted contactors are a vacuum sealed system devices. However, the method used to time delays, the fault would also as opposed to a circuit breaker, which make these determinations should not deenergize the transformer, and more interrupts the arc in air or oil. The final be restricted to calculations, since than likely, personnel would reenergize rule permits the use of vacuum unusual or unanticipated conditions, the circuitry to find the location of the contactors as long as these contactors such as high motor starting currents, fault in the system; meet the definition of a ‘‘circuit- may require in-mine testing. (2) This unnecessary closing in on a interrupting device.’’ Paragraph (a)(2) of the final rule faulted circuit is eliminated when the Some commenters submitted sketches specifies short-circuit time delay circuits are properly coordinated; and of high-voltage longwall circuits, and settings for protective devices. Short- (3) Time delays should be kept as requested an evaluation of whether the circuit devices protecting cables short as possible to provide adequate circuits would comply with the extending from section power centers to coordination. standard. It is beyond the scope of this motor-starter enclosures may Other commenters suggested that time rulemaking for MSHA to evaluate and incorporate time delays limited to the delays be eliminated and higher short- approve such submissions. Systems and settings specified in the approval circuit settings be allowed based on wiring designs can vary from mine to documentation or 0.25-second, system capacity, provided that the mine and from section to section within whichever is less. This paragraph Agency develops test scenarios to the same mine, depending on factors revises the proposed rule to allow short- determine the safe time delay settings. such as control circuit configuration, circuit devices protecting motor or These commenters stated that load terminations, and available fault shearer circuits to incorporate elimination of time delays would offer current. MSHA will evaluate these intentional time delays. The time delays protection in the event of a direct fault designs on a case-by-case basis as mine may be limited to the settings specified because there would not be resistor operators plan to implement high- in the approval documentation, or up to strips (overloads) available to open the voltage longwalls at their mines and three cycles (0.050-seconds), whichever circuit and remove the power. They during the approval process under the is less. The purpose of permitting a time stated that inspections have revealed applicable 30 CFR part 18 provisions. delay is to prevent nuisance tripping that, in some cases, resistor strips are Paragraph (a)(1) of the final rule, like during motor starting. When high- either not operable, damaged, or have the proposed rule, specifies a current voltage longwall equipment was been by-passed. setting for short-circuit protective introduced to the mining industry, After careful review of this issue, the devices. The devices, whether located in nuisance tripping problems were Agency has concluded that the use of the section power center or the longwall experienced. This nuisance tripping was time delays and subsequent lower short- motor-starter enclosure, are required to caused by motor starting currents. In circuit settings would result in be set at the lower value of either the order to solve these problems, it may be coordination (selective tripping) of setting specified in the approval necessary to incorporate time delays circuit-interrupting devices. Proper documentation pertaining to the into the short-circuit protective devices. coordination of circuit-interrupting longwall system, or 75 percent of the Currently, electronic relays that have a devices can result in improved safety minimum available phase-to-phase time delay to override motor starting since faulted circuits can be more easily short-circuit current. The short-circuit currents are commonly used to provide and safely identified and isolated for the current settings specified during short-circuit protection for high-voltage purpose of troubleshooting, testing, and MSHA’s approval process are based on longwall circuits. repair work. Commenters also suggested the calculation of fault currents at The proposed rule allowed time that time delay settings of short-circuit various key locations in the system. delays for short-circuit devices protective devices used to protect any The results of a 1992 Agency study of protecting cables extending from power cable extending from the section power fault current levels in 30 high-voltage centers to motor-starter enclosures. The center to a motor-starter enclosure not longwall systems indicate that phase-to- maximum value of the time delay was exceed the settings specified in approval phase short-circuit currents range limited to the smaller of the value documentation or 0.30-second (18- between 1,500 and 9,000 amperes at the specified in the approval documentation cycles), whichever is less. various motor locations. (A copy of this or 0.25-second (15 cycles). However, the This provision is not changed from study is available as part of the record.) proposed rule did not provide for time the proposed rule. MSHA’s experience Therefore, current (ampere) settings of delays to be incorporated into short- has been that the maximum time delay 75 percent of the minimum phase-to- circuit devices protecting motor or for reliable coordination is 0.25-second phase short-circuit currents will shearer cables. The Agency specifically (15-cycles). Further, a joint standard establish maximum limits for trip solicited comments regarding published by the American National settings of short-circuit current devices. elimination of intentional time delays Standards Institute (ANSI) and the As equipment is used and moved from and allowing higher short-circuit Institute of Electrical and Electronics one location to another in a mine, settings based on system capacity. Engineers, Inc., entitled IEEE changes take place in both the One commenter stated that time Recommended Practice for Protection equipment and electrical system that delays between the longwall controller and Coordination of Industrial and indicate a need for a change in settings and section power center should be Commercial Power Systems (IEEE Buff for short-circuit protective devices. required to permit adequate Book)—Standard 242–1986, allows Some commenters suggested that a coordination with downstream devices. 0.25-second time-delay to ensure statement be added to this provision According to the commenter, if there is reliable coordination of short-circuit indicating that the minimum available a failure in the utilization circuit, for protective devices. Therefore, an short-circuit current be determined by example, the crusher motor, it is increase to 0.30-second is not justified.
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These commenters further suggested grounded systems that limit the ground- voltage neutral grounding resistor, that short-circuit protective device fault current in a circuit to 0.50 to 1.00 which opens the ground-check circuit settings, used to protect motor and ampere. MSHA encourages this practice for the high-voltage circuit supplying shearer circuits, should be based on the to continue. The levels specified in the the section power center, if the maximum asymmetrical starting current final rule allow new technology to grounding resistor is subjected to a with no intentional time delay or be detect lower ground-fault currents and sustained ground-fault current. The based on the maximum symmetrical reduces shock hazards. During ground- overtemperature rating or setting must starting current with a time delay of no fault conditions, the grounding resistor be 50 percent of the maximum more than 0.050-second (three-cycles). will dissipate heat. The final rule limits temperature rise of the grounding These commenters pointed out that the heat dissipation by the grounding resistor or 150°C (302° F), whichever is modern electronic short-circuit resistors to a value equivalent to the less. The final rule is changed from the protective devices can be made to heat dissipated by grounding resistors proposed rule to also allow the use of operate within one cycle (0.017-second). that have been in service for numerous a current transformer, and a thermal These devices will respond while the years on medium-voltage longwall overcurrent relay to provide the motor or shearing machine starting systems. The specified values prevent required thermal protection. The final current contains an appreciable grounding resistor enclosures from rule uses the term ‘‘thermal protection’’ asymmetrical component and the overheating and becoming ignition or rather than ‘‘overtemperature asymmetrical component of the motor fire sources. There were no comments protection’’ to permit current or shearing machine starting current on this provision and therefore it transformers and thermal relays or other will be negligible near 0.050-second. remains as stated in the proposed rule. devices such as thermostats that react to They suggested that introducing a 0.050- Paragraph (a)(4)(i) of the final rule, overtemperature. This change allows second time delay will permit a like the proposed rule, requires high- new technology developed by the significant reduction in the setting of voltage circuits extending from the mining industry during the last seven the short-circuit protective devices. section power center to have ground- years. Another commenter suggested that it is fault protection set at not more than 40 A commenter questioned the need for important to recognize the difference percent of the current rating of the these devices. In response, grounding between asymmetrical motor starting neutral grounding resistor. These resistors generate heat when subjected currents that persist for two (0.033- protective devices assure that circuits to sustained ground-faults. An second) to three cycles (0.050-second) extending from the section power overtemperature device causes following contactor closure, and motor source will be quickly deenergized interruption of the high-voltage circuit starting currents that persist for several when they are subjected to ground supplying the section power center by seconds. This commenter pointed out a faults. The final rule uses the current opening the ground-wire monitor circuit need for two cycles time delay. MSHA ratings for grounding resistors, specified before extreme heat destroys the agrees that there is a difference between in paragraph (a)(3), as a basis for setting grounding resistor function. Failure of ground-fault devices. For example, if a asymmetrical motor starting currents the resistor leaves the circuit 6.50 ampere grounding resistor is used, and symmetrical motor starting currents unprotected against ground-faults and the ground-fault device must operate to which can last for several seconds. increases the possibility of fire and Therefore, the final rule permits deenergize the circuit at 2.60 amperes shock hazards. The commenter also limited time delays to be used in (40 percent) or less. If a 0.50-ampere requested a six-month delay in conjunction with lower settings of short- grounding resistor is used, the ground- implementing this provision to allow circuit protective devices rather than fault device must operate to deenergize mine operators to acquire high quality higher settings of short-circuit the circuit at 200 milliamperes or less. devices. It is MSHA’s view that since protective devices without time delays. The 40 percent trip level provides a these devices have been required to be This should result in proper safety factor to assure that unexpected coordination and subsequent selective lower levels of ground-fault current installed on high-voltage longwall tripping of circuit-interrupting devices would be detected and cause the circuit- mining systems for at least the past and prevent nuisance tripping of circuit- interrupting device to open. This value seven years under petitions granted for interrupting devices due to high motor also allows proper trip coordination § 75.1002, the devices should be readily starting currents. In response to with other protective devices. There available for use. A six month delay is comments, the Agency concludes that a were no comments on this section of the not necessary. time delay will be necessary to allow rule and the final rule adopts the Another commenter wanted the proper starting of motors. Therefore, this language used in the proposed rule. maximum temperature for the ° provision allows short-circuit devices Paragraph (a)(4)(ii) of the final rule, overtemperature device to be set at 150 protecting motor or shearer circuits to like the proposed rule, requires backup C. This setting was incorporated into the incorporate intentional time delays ground-fault protection to detect an 1992 proposed rule. Some commenters limited to the settings specified in the open grounding resistor. The ground- suggested that overtemperature approval documentation, or up to three fault protective device can be a protection should remove power from cycles (0.050-seconds), whichever is combination of a potential transformer the power center transformer if the less. and voltage relay, or another device(s) grounding resistor is subjected to a Paragraph (a)(3) of the final rule, like capable of detecting an open neutral sustained ground fault. These the proposed rule, requires ground-fault resistor. Once an open neutral resistor is commenters pointed out the following: currents to be limited by a neutral detected, the ground-fault protective (1) Many power centers are equipped grounding resistor to not more than 6.5 device must cause the circuits extending with an incoming high-voltage circuit amperes when the nominal voltage of from the power center to be breaker to provide protection for the the power circuit is 2,400 volts or less, deenergized. There were no comments transformer; or 3.75 amperes when the power circuit on this section of the rule and it remains (2) The overtemperature protection for voltage is greater than 2,400 volts. as stated in the proposed rule. the grounding resistor could cause this Typically, the mining industry has used Paragraph (a)(4)(iii) of the final rule circuit breaker to open in the event of grounding resistors in resistance- requires thermal protection for the high- a sustained fault; and
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(3) This would remove the ground they stated that a 0.200-ampere setting motors or shearers. These ground faults fault and make troubleshooting more would still be less than 40 percent of the must be removed as quickly as possible. convenient. maximum ground-fault current. Ground- Another commenter wanted to add MSHA agrees that the use of an fault devices are used to detect low wording to define the total time for incoming high-voltage circuit breaker levels of fault currents during a ground-fault protection as 0.4 second may be an acceptable device for grounded phase condition. These (24 cycles) maximum for all devices. removing power from the section power sensitive devices can be influenced by Most longwall systems now utilize two center when the overtemperature device extremely large values of motor starting ground-fault protective devices with a is activated. However, activation of the current. time delay of 0.25 second (15 cycles) grounding resistor overtemperature MSHA has evaluated these comments which provides adequate time for protection could be an indication of and determined that there are sensitive selective tripping. Thus, the final rule is serious problems in the tripping circuits ground-fault protective devices unchanged from the proposed rule. for the circuit-interrupting device(s) commercially available that have been Paragraph (a)(7) of the final rule, like located in the power center. This successfully used to respond to the the proposed rule, requires an condition warrants complete removal of conditions described by the undervoltage protection device that power from the entire power center commenters. These devices can safely operates on loss of voltage to cause and until the condition is properly and reliably operate at 0.125-amperes or maintain the interruption of power to a investigated and corrected. less even on systems having higher circuit. The rule reduces the likelihood motor-starting currents. A large number that miners will be pinned or crushed Another commenter stated that of existing high-voltage longwall due to the automatic restarting of the experience has shown that the required systems use grounding resistors that equipment. A commenter suggested protection may be best provided by limit ground-fault currents to 0.500- another means of compliance by using using a current transformer and thermal amperes. Raising the trip value of a ‘‘momentary start contactor with a seal overcurrent relay rather than a ground-fault devices protecting motor in circuit.’’ In response, the rule, thermostat. The commenter also stated and shearer cables to 0.200-amperes unchanged from the proposed rule, is that this type of protection would not be would also have the device set at 40 performance oriented and permits any dependent upon control power and percent of the current rating of the undervoltage protection provided by a would still be able to deenergize the grounding resistor. This setting would device that operates on loss of voltage. primary of the transformer. MSHA be the same value as protective devices Therefore, any voltage sensing device, agrees with this comment. The final rule used on cables extending from power including the method specified by the is changed to allow more flexibility in centers to motor-starter enclosures. commenter, that would prevent the the use of thermal protection. It permits Proper coordination of these protective automatic reclosing of the circuit the use of a current transformer and a devices with upstream devices may not protective device as specified in thermal overcurrent relay to provide be achievable if the trip setting is raised paragraph (a) will meet the required overtemperature protection. to 0.200-ampere. For this reason, the requirements of the final rule. Paragraph (a)(5) of the final rule, like provision is unchanged from the Paragraph (b) of the final rule, like the the proposed rule, requires high-voltage proposed rule. proposed rule, requires a single motor and shearer circuits to be Paragraph (a)(6) of the final rule, like window-type current transformer to provided with instantaneous ground- the proposed rule, allows time delay encircle the three-phase conductors for fault protection set at not more than settings, not to exceed 0.25 second (15 ground-fault protection. The equipment 0.125-ampere. This provides highly cycles), of ground-fault protective safety grounding conductors are sensitive and responsive ground-fault devices to provide coordination with prohibited from being passed through or detection systems, using existing the instantaneous ground-fault connected in series with ground-fault technology, for high-voltage circuits protection of motor and shearer circuits. current transformers. This configuration supplying electric face equipment. This provision limits the time lapses could defeat ground-fault protection and Protective devices are required to between actuation of the section power result in hazardous voltage on operate instantaneously, greatly center ground-fault protective devices equipment frames. A single window- reducing the likelihood of fires and and those located in the motor-starter type current transformer must be used shock hazards caused by ground faults. enclosure. Time delay settings allow to provide the ground-fault protection Some commenters suggested that the coordination and selective tripping of required by paragraph (a)(4)(i) for instantaneous ground-fault protection circuit protective devices. This circuits extending from the section be set at not more than 0.125-ampere if coordination and selective tripping also power center to the motor-starter the full-load current of the circuit does assures that the entire circuit enclosures. It also requires the same not exceed 200 amperes and set at not deenergizes quickly to reduce exposure type current transformer for ground- more than 0.200-ampere if the full-load to shock hazards. fault protection specified in paragraph current of the circuit exceeds 200 A commenter wanted a time delay of (a)(5) for: amperes. These commenters pointed out 0.1 second (6 cycles) for ground-fault (1) High-voltage motor circuits that it is very difficult to produce protection for high-voltage motors. The extending from the motor-starter ground-fault current transformers that commenter described situations where enclosures; can reliably discriminate between small nuisance tripping occurred during (2) The shearer motor circuits ground-fault currents and larger motor starting and stopping of the motor and extending from the section power starting currents. They further stated a time delay of 0.1 second would solve center; and that, when the full load current of a the problem. MSHA has evaluated this (3) Motor enclosures. circuit exceeds 200 amperes, it is comment and has determined that Some commenters suggested this reasonable to expect motor starting technology is available and currently provision should allow for alternative currents to exceed 2,000 amperes and used by industry to alleviate this components if they provide equivalent that a small increase in the setting of the condition without changing the time or improved protection. MSHA, ground-fault protection is justified for delay. Most ground faults occur between however, is unaware of any alternative certain high-current circuits. Finally, the motor-starter enclosure and the device that provides equivalent
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protection and the commenter did not Paragraph (d) of § 75.814, like the provide a safe means of disconnecting specify any equivalent devices. The use proposed rule, prohibits the use of power during the performance of of a single window-type current circuit-interrupting devices that electrical work. It includes design and transformer to encircle only the three automatically reclose. Automatic performance requirements pertaining to phase conductors assures that sensitive reclosure of the circuit-interrupting electrical ratings, lockout, grounding, ground-fault devices will be able to device allows immediate reenergization and maintenance requirements detect all ground faults exceeding the of a circuit that has sustained a fault. pertaining to compliance with part 18 of setting of the device. Detection devices Faults occur in underground electrical Title 30 CFR. This section was derived, inserted in the ground wire may not systems as a result of damage from roof in part, from existing §§ 75.511, 75.520, detect all ground-fault currents and falls or equipment insulation failure. 75.601, 75.705, and 75.808. could compromise the integrity of the Under such circumstances, the use of Paragraph (a) as in the proposed rule, ground circuit. Therefore, paragraph (b) automatic reclosing circuit-interrupting requires a disconnecting device in of this section remains as proposed. devices could create shock and fire addition to the circuit-interrupting Paragraph (c) of the final rule requires hazards when a short-circuit or ground- device (required by § 75.814) in the a ground-fault test circuit for each fault condition exists in the circuit. power center that supplies power to ground-fault current device. This test There were no comments on this longwall equipment. This disconnecting circuit must inject a current of 50 paragraph and it remains as proposed. device provides visual evidence that the percent or less of the current rating of The final rule includes an additional circuit is deenergized. Either a paragraph (e) that is partially derived disconnecting switch or cable coupler the grounding resistor to verify that a from § 75.518–1—Electric equipment would suffice to satisfy this ground-fault condition causes the and circuits; overload and short circuit requirement. Disconnecting devices in corresponding circuit-interrupting protection; minimum requirements. power centers facilitate the device to open. This testing procedure This was suggested by joint commenters deenergization process prior to helps determine if ground-fault current from industry and labor to address performance of electrical work. Figures devices function at required current concerns regarding the use of cables in I–1 and I–2 in Appendix A provide levels. It will also test the sensitivity of parallel. The commenters suggested that guidance for compliance with this each device to ground-fault currents. when two or more cables are used to requirement. The Agency did not The proposed rule required each supply power to a common connection receive any comments on this provision ground-fault current device to be point (bus), each cable be provided with and it is unchanged from the proposed provided with a test circuit that would ground-wire monitoring so that all rule. inject a current of 50 percent or less of cables are deenergized when the Paragraph (b) of the final rule, like the the current rating of the grounding grounding conductor becomes severed proposed rule, establishes maintenance resistor and cause each corresponding or open. In support of this suggestion, requirements for disconnecting devices circuit-interrupting device to open. the commenters noted that when two or in motor-starter enclosures. Section Some commenters suggested that this more cables are connected in parallel, 75.815(b) requires that disconnect requirement be limited to ground-fault shock hazards will exist if one cable has devices be maintained in accordance circuit devices required by paragraphs been disconnected and the other cable with the approval requirements of (a)(4)(i) and (a)(5) of this section. These is left energized. MSHA agrees. The paragraph (f) of § 18.53—High-voltage commenters also suggested that the Agency has been incorporating this longwall mining systems. Section ground-fault test circuit inject a primary additional requirement into petitions for 18.53(f) requires that the load-side current into the current transformer that modification of § 75.1002 during the last power conductors be grounded when does not subject the equipment to an four years. The final rule requirement the disconnecting device is open. This actual phase-to-ground fault. They that parallel power cables be installed provision guards against the occurrence pointed out that primary current with ground-wire monitor systems of electrical accidents by requiring the injection tests of the ground-fault addresses this concern. Ground-wire circuit disconnect device to ground the devices are safe and effective tests for monitoring in power cables has been an disconnected circuit before work is those devices. They further stated that inherent part of the developing high- performed on the circuit. The final rule testing of the backup ground-fault voltage longwall technology over the assures that a properly maintained safe devices located across the grounding last 16 years. In addition, under the means of deenergizing longwall circuits resistor, such as the potential final rule, parallel circuits installed after and equipment is readily available for transformer and overtemperature relay, the effective date of this rule must be use during routine operation or in the would require application of an actual protected by a single circuit-interrupting event of an emergency. Additionally, phase-to-ground fault and could be device rather than have circuit- the final rule provides for safe hazardous to both personnel and interrupting devices operating in deenergization of high-voltage circuits equipment. MSHA agrees with the parallel unless such devices are in the motor-starter enclosure, or commenters that this method of testing mechanically and electrically equipment supplied power through the is considered to be safe and effective in interlocked. This is supported by the enclosure during testing and determining whether a device trips at its fact that 30 CFR § 75.518–1 requires troubleshooting work. MSHA setting. In response to these comments, overcurrent devices to conform to the encourages mine operators to continue the final rule modifies the proposed provisions of the National Electric Code using additional disconnecting devices rule, to require each ground-fault which prohibits parallel connections of that are already installed in many current device required by paragraphs circuit-interrupting devices. existing longwall systems. (a)(4)(i) and (a)(5) to have a test circuit Paragraph (b) requires a caution label that passes a primary current of 50 Section 75.815 Disconnect Devices on the cover of each starter enclosure percent or less of the maximum ground- Section 75.815 of the final rule compartment containing the main fault current through the current includes requirements pertaining to disconnecting device. This caution label transformer and cause the disconnecting devices located in must warn miners against entering the corresponding circuit-interrupting longwall power centers and in longwall compartment before deenergizing the device to open. equipment motor controllers that incoming high-voltage circuits to the
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compartment. It warns miners that the without creating hazardous conditions. in § 75.807, cables installed six and one line side of the disconnect device may If the device is not designed for full load half feet or more above the mine floor be energized when the device is opened interruption, the device must be satisfy these requirements by location. and cautions them to deenergize installed so that a circuit-interrupting Guarding minimizes the possibility of incoming power before removing any device will deenergize the incoming miners inadvertently contacting the covers. It also helps to assure that power circuit before the disconnecting cables. Also, cable guarding must miners deenergize power to starter device opens. Use of improperly rated consist of grounded metal or enclosures before removing any of the devices could result in the destruction nonconductive flame-resistant material. covers. There were no comments of the device and injuries to miners due High-voltage cables used to supply received on this provision so the final to flash burns or flying parts. The final longwall equipment could present rule is unchanged from the proposed rule further requires that disconnecting shock and fire hazards if the cables are rule. MSHA recognizes that the mining devices installed in explosion-proof damaged or defective. industry has taken safeguards by using enclosures be maintained in accordance Paragraph (a)(1) of the final rule, like additional caution labels to warn miners with the approval requirements of the proposed rule, requires that cables of stored energy devices (capacitors). § 18.53(f)(2)(iv) of part 18. This be guarded where persons regularly We encourage the industry to continue provision specifies that disconnecting work or travel over or under the cables. the safety practice of using caution devices be designed and installed to This minimizes accidental contact with statements that warn miners to ground cause the current to be interrupted cables. There were no comments the capacitors before performing work automatically prior to the opening of the received on this provision and it is on electric circuits. contacts of the device. The Agency did unchanged from the proposed rule. Paragraph (c) of the final rule, like the not receive any comments on this Paragraph (a)(2) of the final rule, like proposed rule, requires disconnecting provision so it remains the same as the the proposed rule, requires guarding devices to have voltage and current proposed rule. where the cables leave cable handling or ratings compatible with the circuits in Some commenters suggested that a support systems to extend to electric which they are used. This requirement new paragraph (f) be added to require components. This provision prevents ensures safe operation of these devices that any additional disconnecting physical damage from stress and flexing during normal use. The Agency received devices used to deenergize a portion of that might cause shock and fire hazards. no comments on this provision. It the longwall equipment meet the The Agency did not receive any remains the same as the proposed rule. requirements of paragraphs (c), (d), and comments on this provision and it Paragraph (d)(1) of the final rule, like (e). They stated that it is often necessary remains the same as in the proposed the proposed rule, requires that to maintain power on part of the rule. disconnecting devices be designed to longwall equipment in order to safely Paragraph (b) of the final rule requires provide visual evidence that all and efficiently perform electrical work guarding of high-voltage cables to ungrounded power conductors are on another part of the equipment. For minimize the possibility of inadvertent disconnected when the device is open. example, they stated that a contact with cables and to protect high- Visual evidence means the ability to disconnecting device for the shearing voltage cables from physical damage. observe the physical separation of the machine circuit will permit electrical Guarding must be constructed of control and power conductors without work on a deenergized shearing grounded metal or nonconductive removing any covers. There were no machine while maintaining power on flame-resistant material. This standard comments received on this provision the rest of the longwall. Under the final provides minimum requirements for the and no changes were made to the rule, individual disconnecting devices, physical and electrical protective proposed rule. such as cable couplers, may be used to characteristics of the guarding. The Paragraph (d)(2) of the final rule, like isolate individual pieces of equipment proposed rule required that guarding the proposed rule, requires that for the purpose of performing prevent miners from contacting high- disconnecting devices be equipped to maintenance. The final rule requires voltage cables. ground all power conductors when the that all additional disconnecting devices One commenter suggested that the device is ‘‘open’’. This requirement satisfy the requirements of paragraphs c, provision specifically permit the use of allows the circuit to be properly d, and e. Therefore, the Agency believes either continuous guarding or grounded before any work is performed that an additional provision is not overlapping sections of guarding. on the electric circuits or equipment. It necessary. According to this commenter, also allows discharging of any existing overlapping sections of guarding voltage due to capacitance between the Section 75.816 Guarding of Cables achieve the safety goal of the provision power conductors and ground. The This rule is derived in part from and would reduce time-consuming and Agency did not receive any comments existing § 75.807—Installation of high- expensive repairs that could involve on this provision. It remains unchanged voltage transmission cables and thousands of feet of cable to repair a from the proposed rule. addresses guarding of high-voltage small section. In response to this Paragraph (d)(3) is unchanged from cables supplying longwall equipment. comment, the rule specifies the the proposed rule. It requires each Until this rule, § 75.807 related to high- locations where cables are required to device be equipped to lock the device in voltage cables in areas not in by the last be guarded. Under the rule, the guarding the open position. This ensures that the open crosscut or not within 150 feet material must cover the cables and circuit being worked on remains from the pillar workings. In addition to continuous or overlapping guarding deenergized until work is completed. the § 75.807 requirements, § 75.816 of may be used. When joining sections of There were no comments received in this final rule requires guarding of high- metal guarding, steps should be taken to response to this provision. voltage cables where persons regularly assure proper grounding. Paragraph (e) of the final rule, like the work or travel over or under the cables Other commenters suggested that this proposed rule, requires that and where the cables leave cable section require that guarding disconnecting devices, except those handling or support systems in the ‘‘minimize’’ rather than ‘‘prevent’’ the installed in explosion-proof enclosures, longwall face areas or are within 150 possibility of miners contacting the be capable of interrupting load currents feet of the pillar workings. As provided cables. They stated that it is not
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practical to design guarding that would Isolation and placement help guard Shielded-type cables, required by prevent miners from contacting the against fire and assures protection of existing regulations, provide the cables. This often occurs when miners electric cables, which could be necessary protection for miners by are attempting to guide or train cable damaged, if hydraulic lines are ruptured limiting or preventing electrical arcing into its holding trough when it is loose or conductor insulation fails. Based on and flashover within the cable. This or falls out. They suggested it is possible MSHA experience, acceptable methods protection occurs as long as the cables to design guarding that would which meet § 18.36(b) requirements will are used in conjunction with proper ‘‘minimize’’ contact or ‘‘block access’’ to be determined during the part 18 mechanical protections required under the cable. MSHA agrees with this approval process. Guarding of cables by § 75.817, and with proper maintenance commenter and modified the proposed proper isolation and placement is an of electrical protective devices required rule. In response to these comments, acceptable method to meet this under § 75.814. Therefore, paragraph (a) this revised provision, requires a requirement. of this final section remains as physical barrier consisting of guarding Other commenters suggested that the proposed. material between the cables and miners wording of the rule be changed to Paragraph (b) of the final rule requires to minimize inadvertent contact with ‘‘longwall mining equipment shall be high-voltage insulated gloves, sleeves, the cables, and requires mechanical provided with cable handling and and other insulated personal protective protection for the cables. Also, § 75.818 support systems that are constructed, equipment, to have a Class 1 (7,500 of the final rule prohibits intentional installed, and maintained to minimize maximum use volts) or higher rating contact with cables except for the the possibility of miners contacting the that has been established by a nationally purpose of training (guiding) motor and cables and to protect the high-voltage recognized consensus standard. The shearer cables with the use of proper cables from damage.’’ We agree with the protective equipment must be: (1) protective equipment. commenters as stated in the previous Examined prior to each use for signs of discussion of § 75.816. The final rule damage or defects; (2) destroyed or Section 75.817 Cable Support Systems requires that cable support systems removed from the underground area of This section of the rule addresses minimize the possibility of inadvertent the mine if found damaged or defective; handling and support systems of high- contact instead of preventing contact. and (3) electrically tested every six voltage cables suppling longwall months according to a nationally Section 75.818 Use of Insulated Cable equipment. Under the final rule, recognized consensus standard. This Handling Equipment longwall mining systems must be provision protects against electrical equipped with cable handling and This section of the final rule shock hazards by requiring personal support systems that are constructed, addresses the types of personal protective equipment to be rated for a installed, and maintained to protect protective equipment that may be used maximum use voltage and examined high-voltage cables from damage and to when it is necessary to handle high- before each use to determine if the minimize the possibility of miners voltage longwall cables, the examination equipment is safe to use. Paragraph (b) inadvertently contacting the cables. for defects or damage prior to use, and of the proposed rule required all Under the proposed rule, these systems the intervals at which high-voltage personal protective equipment to be were required to prevent miners from protective equipment must be tested. Its rated for 20,000 volts; examined before contacting high-voltage cables. High- purpose is to provide protection against each use for visible signs of damage; voltage cables used to supply longwall electric shock hazards associated with removed from the underground area of equipment can present shock and fire the handling of energized high-voltage the mine when damaged or defective; hazards if the cables become damaged longwall cables. This section is derived, and electrically tested every six months. or defective. This section of the final in part, from existing requirements in A commenter suggested that this rule provides the necessary protection §§ 75.705–6—Protective clothing; use paragraph be modified to allow gloves to cables and miners by minimizing and inspection, 75.705–8—Protective to be rated for a minimum of 5,000 volts exposure to damaged or defective equipment; testing and storage and and tested every six months as cables. This section is derived, in part, 75.812—Movement of high-voltage described in a nationally recognized from existing requirements in § 75.807 power centers and portable consensus standard. The Agency is not and addresses new systems developed transformers; permit. aware of any recognized consensus by the mining industry to mechanically Paragraph (a) of the final rule, like the standards that rate gloves, sleeves, and handle and support cables. These proposed rule, requires that personal other personal protective equipment at systems are presently used on high- protective equipment be used when 5,000 volts. The commenter also stated voltage longwall mining systems to training or guiding, by hand, a high- that damaged or defective gloves should minimize damage to the cables. voltage longwall cable into the cable be permitted to be either removed from One commenter suggested that a handling trough when the cable the underground area of the mine or provision be added to this section that inadvertently comes out. Commenters destroyed. allows the installation of guarded high- suggested that the list of protective Another commenter stated that voltage cables in cable handling and equipment be expanded to include insulated personal protective equipment support systems where hydraulic hoses facial protection and protective should be electrically tested by the and low- and medium-voltage cables are clothing, and that the protective manufacturer in accordance with ASTM also installed. In response to this equipment also be capable of providing standards and be rated for at least the comment, high-voltage longwall protection from a cable explosion. They maximum nominal voltage of the equipment and associated cables are stated that additional protection is circuit. The commenter also stated that currently required by existing needed for persons who handle high- personal protective equipment should § 18.36(b)—Cables between machine voltage longwall cables, since persons be examined before each use for visible components to be isolated from have been burned when power signs of damage or defects and be hydraulic lines. Also, existing § 75.807 conductor insulation deteriorates within electrically tested at least every six currently requires that the high-voltage the cable and the power conductors months or when there is any sign of cables be placed in a manner to prevent fault or contact each other, causing the excessive wear. This commenter stated contact with other low-voltage circuits. cable to explode. MSHA disagrees. that the visible and electrical tests
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should be conducted in accordance with The compartment separations and 75.820(f) which MSHA revised due to American Society for Testing and interlock switches must be maintained comments. The revisions address: (1) Materials (ASTM) standards. in accordance with paragraphs (a) and The fact that persons qualified under In response to the commenters’ (b) of § 18.53—High-voltage longwall § 75.153—Electrical work; qualified concerns, we agree that safety would be mining systems. The purpose of § 75.819 person must be able to perform enhanced by adopting the ASTM is to help guard against miners coming electrical work on all circuits and standard. We have revised paragraph (b) in contact with energized internal equipment; (2) The type of gloves that of the proposed rule. The final rule components of high-voltage electric must be worn by persons performing requires insulated protective equipment, equipment through proper maintenance troubleshooting and testing; and (3) The including high-voltage gloves and of safety devices that assure methods used to guard against contact sleeves, to be rated a Class 1 or higher deenergization when any cover that with a high-voltage cable during (maximum use voltage of 7,500 volts). provides access to energized high- installation and/or removal of belt Paragraph (b)(1) requires that this voltage components is removed. structure. equipment be examined before each use Compartment separation also helps Paragraph (a) of the final rule requires for visible signs of damage or defects. assure that persons are not exposed to that electrical work on all circuits and This section requires users of protective adjacent energized high-voltage equipment associated with high-voltage equipment to examine it for hazardous components or circuits after gaining longwalls be performed only by persons conditions, including excessive wear. access to compartments containing qualified, in accordance with § 75.153, For example, a method commonly used control, communication, or other low- to perform electrical work on all circuits to detect damage in insulating gloves is and medium-voltage circuits. and equipment, not just high-voltage to test the rubber gloves by rolling the This provision provides automatic circuits and equipment. This change is cuff tightly toward the palm of the glove protection for miners who may consistent with the recent Federal Mine in such a manner that air is entrapped inadvertently remove a cover exposing Safety and Health Review Commission inside the glove. Puncture detection energized high-voltage circuits should decision, Secretary of Labor v. Black may be enhanced by listening for the wrong circuit be disconnected. Mesa Pipeline, Inc. 22 FMSHRC 708, escaping air or by feeling escaping air There were no comments received on 715 (June 30, 2000). That decision against the face. this section of the proposed rule and it concluded that § 75.153 requires that a In response to commenters, the remains as proposed. ‘‘person qualified’’ be knowledgeable of Agency has revised paragraph (b) in the high-, medium-, and low-voltage Section 75.820 Electrical Work; final rule to allow defective personal circuits and equipment. Therefore, for Troubleshooting and Testing protective equipment to be destroyed or clarification purposes, the language of removed from the mine. The Agency Section 75.820 is directed at this final rule has been modified to agrees with the commenter that protecting miners while they are conform with this decision and the destroying this equipment when it performing electrical work, including plain meaning of § 75.153. This requires becomes defective is as effective as troubleshooting and testing, and the that a person qualified to work on removing it from the underground mine. removal of belt structure. This section is electrical circuits be knowledgeable of MSHA also received comments derived, in part, from existing low-, medium- and high-voltage suggesting that insulating protective §§ 75.509—Electric power circuit and circuits. The Agency currently requires equipment be tested every six months in electric equipment; deenergization, that qualification in all voltages be accordance with nationally recognized 75.511—Low-, medium-, or high-voltage obtained before a person can become standards. The Agency agrees with this distribution circuits and equipment; qualified under § 75.153. The commenter and has revised paragraph repair, and 75.705—Work on high- requirement that persons performing (b) to require that all insulated handling voltage lines; deenergizing and electrical work be qualified for all equipment for use with high-voltage grounding and addresses requirements voltages assures that persons performing longwall cables be electrically tested for performing work on all circuits and work on low- and medium-voltage every six months in accordance with a equipment associated with high-voltage circuits are qualified to identify hazards nationally recognized consensus longwalls. This section applies to all that may exist on high-voltage circuits standard contained in the ASTM F496– low-, medium-, and high-voltage in close proximity of their work. 97, ‘‘Standard Specification for In- circuits and equipment associated with Some commenters suggested that Service Care of Insulating Gloves and high-voltage longwalls. The paragraph (a) state that electrical work Sleeves.’’ The purpose of these formal requirements are similar to those in on all high-voltage circuits and any testing procedures for high-voltage cable existing §§ 75.509 and 75.511 for work enclosure containing high-voltage handling equipment is to provide on electric circuits and equipment components shall be performed only by necessary safety protections for miners generally, except with additional persons qualified under § 75.153 to and ensure that unknown equipment requirements applicable to high-voltage perform electrical work only on high- defects will be detected before they are longwall installations. These voltage circuits and equipment. These a hazard to miners. requirements include personnel commenters indicated that the proposed qualifications and safe work procedures, rule would not permit persons qualified Section 75.819 Motor-Starter including safety equipment when under § 75.153 to perform electrical Enclosures; Barriers and Interlocks troubleshooting and testing, and work only on low- and/or medium- Section 75.819 of the final rule, like methods to guard against contact with voltage circuits or equipment or perform the proposed rule, requires separation energized high-voltage cables during the any electrical work on circuits or by location, partitions, or barriers of installation and/or removal of belt equipment associated with a high- low- and medium-voltage circuits from structure(s). The final rule for § 75.820 voltage longwall. The commenters high-voltage circuits in motor-starter is identical to the proposed rule except further indicated that certain enclosures and requires cover interlock for changes to § 75.820(a), which is subsystems of the longwall are switches to be installed on the cover of revised based on a recent Federal Mine completely isolated from high-voltage any motor-starter compartment Safety and Health Review Commission circuits and equipment such as: lighting containing high-voltage components. decision and §§ 75.820(d)(3) and systems, communication systems, shield
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control systems, hydraulic pump equipment with a circuit-interrupting people and that a group lockout control systems, battery chargers, air device. There were no comments on procedure be allowed. This commenter compressors, and rock dusters. paragraph (b)(1) of the proposed rule. suggested that primary responsibility However, because many low- and This paragraph of the section remains as can be vested with an authorized medium-voltage circuits associated with proposed. employee when more than one group is high-voltage longwalls are in close Paragraph (b)(2) of the final rule working on the equipment, so that an proximity to the high-voltage circuits, requires that a qualified person open the authorized person from each group may MSHA believes it is important that disconnecting device when performing lockout the equipment. A review anyone performing electrical work on work on circuits and equipment, and if conducted by the Agency in 1999 the high-voltage longwall be high-voltage, ground the circuits. revealed that during the period 1970 to knowledgeable about low-, medium- Opening the disconnect device 1999, a total of 145 fatal accidents and high-voltage circuits. And, as noted deenergizes the circuit which, along occurred by miners contacting energized above, a person qualified under § 75.153 with grounding, protects the person circuits. Data further revealed that must be knowledgeable of all voltage working on the circuit from shock and during a five year period between 1994 circuits. electrocution hazards. A commenter and 1999, a total of nine fatal accidents Since all the circuits cannot be totally stated that in addition to grounding the were related to failure to lockout isolated, it is important that qualified circuit prior to work being performed, disconnecting devices. The review also persons working on the circuits of lower that grounding hot sticks (a collapsible revealed that deaths and injuries had voltages be aware of the hazards of high- non-conductive pole used to de-energize also occurred when equipment was voltage circuits. Another commenter electrical circuits) rated at 4,160 volts energized before all persons had inquired as to what the high-voltage should be available at each power center completed their work. Furthermore, the qualification requirements were and and a proximity tester should be used National Safety Council in Data Sheet suggested that MSHA ensure that by the qualified electrician to determine 237 Revision B, Methods of Locking Out appropriate training is defined and that the circuit is deenergized. In Electrical Switches (1971), recommends required. MSHA’s existing standard in response to this comment, § 75.815(b) of that individual, not group, type lockout § 75.511—Low-, medium-, or high- the final rule requires that the procedures be used. This publication is voltage distribution circuits and disconnecting devices be maintained in available in the rulemaking record. equipment; repair requires that only accordance with the approval Consistent with Agency experience and persons qualified in low-, medium- and requirements of paragraph (f) of § 18.53. safety recommendations, the final rule high-voltages perform high-voltage Section 18.53(f) in turn requires that the requires individual lockout rather than work, and § 75.153 sets forth the disconnecting devices ground the group lockout. MSHA is confident that procedures for their qualification. circuit when ‘‘open.’’ In addition, the this system provides the necessary Additionally, existing § 75.160— requirement in paragraph (b)(3) of safety protection because persons Training programs requires an MSHA § 75.820 places responsibility on each assigned to place and remove their own approved plan for retraining qualified qualified person to lock out the locks are more cognizant of and persons. Another commenter requested disconnecting device for the high- responsible for their own security, and that wording be added to allow anyone voltage circuit prior to performing work. more likely to take the steps necessary to perform high-voltage work under the Therefore, MSHA concludes that to assure proper deenergization. This supervision of a qualified person. Due to equipping power centers with also reduces the risk of error due to lack the hazards previously described, only grounding hot sticks, clamps, and of communication or inadvertent qualified electricians perform high- proximity testers, as suggested by the reenergization. For these reasons, the voltage work. Therefore, except for the commenter, is not necessary. Therefore, paragraph remains unchanged from the clarifications noted above, paragraph (a) paragraph (b)(2) of this section remains proposed rule. of this section remains as proposed. as proposed. Paragraph (b)(4) of the final rule, like Generally, paragraphs (b)(1) through Paragraph (b)(3) of the final rule, like the proposed rule, requires tags used on (b)(4) of § 75.820, like the proposed rule, the proposed rule, requires that deenergized circuits and equipment to require safety precautions to be taken by disconnecting devices be locked with an identify each person performing work qualified electricians prior to individual padlock by each person and the circuit or equipment on which performing electrical work. The performing work. Individual padlocks, work is being performed. There were no qualified electrician is responsible for removable only by the persons who comments on this paragraph of the assuring that the electrical circuit is installed them, place responsibility on proposed rule and it remains as properly deenergized, that the contacts the persons performing work to assure proposed. of the circuit disconnecting device are their personal safety. This should Paragraph (c) requires, like the open, and that the disconnecting device prevent accidental reenergization of proposed rule, that only the persons is locked out with a padlock and tagged. equipment or circuits before all persons who install a padlock and tag be These precautions assure that the have completed work. The danger and permitted to remove them. This affected circuit has been properly accident history of reenergization of provision also provides for an exception deenergized and disconnected so that circuits before work is completed where an operator could authorize persons performing work are not require such measures for the protection someone else to remove the lock and tag exposed to shock, electrocution, or burn of miners against electrocution or if the person who installed them is hazards. Without taking precautions, electric shock. A commenter suggested unavailable at the mine. Such such as properly locking out and tagging that the section be reworded to permit authorized person is required to be the affected circuit, qualified the oncoming worker to install his/her qualified to perform electrical work. electricians would be exposed to shock lock, and the departing worker to Additionally, the person who had and electrocution risks if someone were remove his/her lock at the change of originally installed the lock and tag to inadvertently reenergize the circuit. shifts. Another commenter suggested must be informed of the lock removal Paragraph (b)(1) of the final rule that MSHA recognize that service or before resuming work on the circuit or specifically requires that a qualified maintenance in many cases is equipment. A commenter stated that in person deenergize the circuit or performed by a new crew or group of the absence of the person who installed
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the lock, the mine operator may with equipment supplied from low- and troubleshooting of high-voltage circuits. designate a qualified electrician to medium-voltage as well as high voltage. The commenter added that wearing remove the lock after it has been These hybrid-type longwall systems rubber gloves should be required when determined that all other affected include both high-voltage and low- and working with high-voltage circuits; persons are not exposed to a hazard. medium-voltage equipment. This however, requiring that rubber gloves be Paragraph (c) of the final rule requires provision allows troubleshooting and worn when troubleshooting low- and locks to be removed by the person who testing of low- and medium-voltage medium-voltage circuits would installed them or by qualified persons circuits associated with these hybrid diminish safety. In response to these authorized by the operator, if that longwalls. Based on Agency experience comments, MSHA believes that rubber person is unavailable at the mine. with petitions for modification allowing gloves do not permit sufficient Paragraph (d) of the final rule requires such testing, troubleshooting, and dexterity, as do dry cloth gloves, for the that certain safety procedures be testing of low- and medium-voltage safe troubleshooting of low- and followed when troubleshooting and circuits can be safely performed with medium-voltage circuits. For example, testing energized circuits. This includes proper test instruments, and with use of an ohm meter has small controls which limiting troubleshooting and testing of protective gloves that are commercially are difficult to operate while wearing energized circuits only to low- and available. Therefore, paragraph (d)(1) of rubber gloves and the small metal medium-voltage systems. In addition, this section remains as proposed. probes used with the ohm meter are only qualified electricians wearing Paragraph (d)(2) of the final rule hard to pick up while wearing rubber properly insulated rubber gloves are permits troubleshooting and testing of gloves. A serious accident could result permitted to perform this work and only energized circuits only for the purpose if probes were improperly placed in an for the purpose of determining voltages of determining voltages and currents energized circuit or dropped in close and currents. This provision recognizes (amperes). Some commenters suggested proximity to voltages up to 995 volts. In that, in some instances, it is necessary that paragraph (d)(2) be changed to contrast, dry work gloves allow for for circuits or equipment to remain allow troubleshooting and testing to manual dexterity while providing energized for troubleshooting and determine waveform or other electrical adequate protection. The commenter testing. For example, in order to diagnostic testing as well as voltages specified that his company has safely understand the nature of problems and currents. The final rule, as written, used dry work gloves when within a circuit, it may be necessary to is responsive to the commenter’s troubleshooting low- and medium- take voltage or current readings while suggestion because evaluation of voltage circuits for 15 years. The the circuit is energized. waveform or diagnostic testing is commenter further stated that proposed Paragraph (d)(1) of the final rule, like normally considered to be a method of § 75.820(d) would conflict with existing the proposed rule, limits measuring voltage and current. § 75.509—Electric power circuit and troubleshooting and testing of energized Paragraph (d)(2) of this section remains electric equipment; deenergization in circuits only to low- and medium- as proposed. two respects. The first is that § 75.509 voltage systems. Since troubleshooting Paragraph (d)(3) of the final rule permits troubleshooting of high-voltage and testing energized circuits is known requires that troubleshooting and testing circuits, as well as low- and medium- to be inherently hazardous work, the of energized circuits be performed by voltage circuits. In contrast, proposed particular skills and training of a persons qualified under § 75.153 who § 75.820(d)(1) would permit qualified electrician are necessary for wear protective gloves when the voltage troubleshooting only on low- and performance of these tasks. of the circuit exceeds 40 volts. This medium-voltage circuits. The second is Troubleshooting and testing is limited should prevent accidents related to that proposed § 75.820 conflicts with to low- and medium-voltage energized contact with energized circuits while MSHA’s interpretation of § 75.509 circuits, primarily due to insulation troubleshooting and testing. These concerning situations where insulated ratings of available troubleshooting and gloves will provide the insulation rubber gloves are required. MSHA’s testing equipment. Insulation ratings on protection necessary if a miner has Program Policy Manual states: equipment commonly used to inadvertent contact with energized troubleshoot and test in underground circuits during troubleshooting and Work gloves in good condition are acceptable for troubleshooting or testing mines are insufficient to protect persons testing. A commenter stated that the energized low-or medium-voltage circuits or if such equipment is used to circuit is designed to permit equipment. High-voltage gloves, rated at least troubleshoot and test high-voltage troubleshooting of 120-volt alternating for the voltage of the circuit, are required for circuits. current (VAC) control power. During troubleshooting or testing of energized high- A commenter suggested that this period, high voltage is not present voltage circuits or in compartments troubleshooting of energized circuits while the normal/test auxiliary switch is containing exposed energized high-voltage ranging from 120 to 1,000 volts (low to in the ‘‘test’’ position and the incoming circuits. (This portion has been corrected by medium voltage) should be prohibited. high-voltage disconnect is in the ‘‘open/ MSHA Program Policy Update V–15.) This commenter indicated that the grounded’’ position. This commenter The commenter further stated that in industry has already demonstrated that suggested that gloves be rated for 120 order to be consistent with § 75.509, as high-voltage longwalls can be installed, VAC rather than the nominal voltage of well as prudent mining practices, commissioned, and maintained without the circuit. The Agency is not aware of proposed § 75.820(d) should be changed maintenance personnel being exposed any gloves rated for less than 1,000 to permit both troubleshooting of high- to any voltage higher than 120 volts. volts. The rating of gloves is determined voltage circuits and use of dry work The commenter further stated that if commercially through formal testing gloves for troubleshooting low- and multiple utilization voltages are procedures established by national medium-voltage circuits. required in the same compartment, then standards. In response the Agency states that each supply should have a disconnect Another commenter suggested that existing § 75.705—Work on high-voltage device, and cover switches should be this paragraph be changed to permit the lines; deenergizing and grounding arranged to trip circuit-interrupting use of dry work gloves when specifically applies to high-voltage devices to cut off both voltages. Some troubleshooting low- and medium- circuits out from (outby) the longwall high-voltage longwalls are designed voltage circuits and to permit mining faces or pillar workings. Section
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75.705 specifically prohibits work on Based on MSHA electrical accident needed to protect persons from an high-voltage lines underground in information and experience, 40 volts is electrical explosion, an electrical flash, relation to troubleshooting and testing the lowest voltage level range at which and from flying debris. Commenters of high-voltage circuits. Section 75.509 shock hazards are minimized. Other suggested that injuries could be generally applies to all electrical circuits mandatory safety standards, such as minimized if protective clothing, such and is less restrictive. This final rule §§ 77.515—Bare signal or control wires; as a leather vest instead of polyester, specifically applies to high-voltage voltage, 75.901—Protection of low- and was worn, as clothing made of material circuits on longwalls and is consistent medium-voltage three-phase circuits that melts could compound an injury. with the safety requirements of existing used underground, 75.902—Low- and In response, the Agency concludes § 75.705. medium-voltage ground check monitor that when mine operators and miners Based on Agency data and experience, circuits, and 77.902–1—Fail safe ground comply with the provisions of this final it is our view that attempts to check circuits; maximum voltage, use 40 high-voltage rule, including proper troubleshoot and test energized high- volts as a minimum safety voltage range testing, examination, and maintenance voltage circuits using standard test level. Section 18.50—Protection against of circuits and equipment, and safe equipment, such as volt-ohm-meters, external arcs and sparks also uses 40 procedures during troubleshooting and commonly used on low- and medium- volts as a minimum voltage range level testing, hazards such as flying debris, voltage circuits, is extremely hazardous. for shock hazard protection guidelines electrical arcing, and flashover can be MSHA prohibits troubleshooting and for electrical equipment frames. Dry avoided. Electrical arcing during testing of energized high-voltage circuits work gloves, in good condition (free of troubleshooting and testing is normally and equipment. The use of hand-held holes, etc.) will be permitted on circuits due to either misapplication or misuse proximity testers to determine shielding where the voltage does not exceed 120 of test equipment. In some cases, continuity and energized circuits is volts nominal and on circuits where the electrical hazards may occur as a result allowed under this regulation. voltage exceeds 120 volts nominal but is of circuit insulation failure while Troubleshooting and testing routinely intrinsically safe. The normal control troubleshooting. Under the final rule, involves the use of portable test circuit nominal voltage value is 120 only qualified individuals must be instruments equipped with attached volts for mining equipment. Section assigned to perform troubleshooting and leads and metal probes used to move 75.1720—Protective clothing, testing. Further, they must perform from point to point in a circuit for the requirements and MSHA policy allow thorough examinations, tests, and purpose of determining voltage and/or miners to use dry gloves when working maintenance of circuits and equipment current readings needed to target on circuits up to 1000 volts. Rubber to help guard against the occurrence of problem areas. Insulation ratings on insulating gloves rated for at least the injury due to electrical arcing caused by equipment commonly used to nominal voltage of the circuit and failure of insulation. troubleshoot and test are insufficient to equipped with leather protectors will be Paragraph (d)(4) of the final rule protect persons if this equipment is required to be used on circuits where requires that rubber insulated gloves, used on high-voltage circuits. The the voltage exceeds 120 volts nominal when required, be rated at least for the commenter stated that the MSHA but is not intrinsically safe. (See nominal voltage of the circuit. This program policy manual permitted paragraphs (b)(3) and (b)(4)). Mine requirement was contained in paragraph troubleshooting and testing of energized equipment typically has ratings such as (d)(3) of the proposed rule. Comments high-voltage circuits. After review, 220-, 480-, 995-volts and higher. Rubber pertaining to this proposed rule are MSHA determined that this policy was gloves are not commercially rated for addressed above. The language of this inadvertently drafted in error and each of these voltages. Rubber insulating provision remains the same as the specifically conflicts with mandatory gloves rated at 1,000 volts are proposed, but it is renumbered. safety standard § 75.705. The error was commercially available at this time. The Paragraph (e) of the final rule, like the corrected in MSHA Program Policy 1,000 volt rated gloves can be used on proposed rule, requires deenergization Update V–15. The printed-in-error each of these circuits and, in fact, offer of high-voltage circuits contained in a version was never officially considered increased protection for troubleshooting compartment with low-or medium- or enforced as MSHA policy. and testing on circuits exceeding 120 voltage circuits, in order to troubleshoot Other commenters suggested—(1) that volts. or test the low-or medium-voltage gloves not be required under the MSHA’s fatality data show that at circuits. Deenergizing, grounding, and standard when the maximum circuit least six fatalities have occurred since locking out and tagging the high-voltage voltage does not exceed 40 volts; (2) that 1970 due to miners’ contact with circuit provides protection against the dry work gloves in good condition be energized circuits while troubleshooting danger of accidental contact with the required when the maximum circuit and testing. The provisions of § 75.820 high-voltage circuits while voltage does not exceed 150 volts or the address electrocution and shock hazards troubleshooting and testing low- and circuit voltage exceeds 150 volts but is associated with troubleshooting and medium-voltage circuits. Some intrinsically safe; and (3) that insulating testing of the low- and medium-voltage commenters suggested that high-voltage gloves, with protective coverings portions of high-voltage longwalls and circuits should never be located in the designed to prevent physical damage to provide additional protection for same compartment with low- and the insulating material, be required persons performing work on these medium-voltage circuits in order to when the maximum circuit voltage circuits. prevent persons from contacting high- exceeds 150 volts and the circuit is not Commenters suggested that the voltage circuits while testing or working intrinsically safe. proposed rule be expanded to include on low- and medium-voltage circuits. In MSHA agrees with some of the facial protection, and protective response to this comment, electrical commenters’ suggestions and has clothing to minimize the risk of injury closing of high-voltage contactors written the final rule to reflect these in case of a short circuit during contained in motor-starter enclosures changes. The final rule requires the use troubleshooting and testing of an requires low-voltage magnetic of protective gloves when energized circuit. In support of this components that are a part of the troubleshooting and testing circuits suggestion, commenters stated that contactors. Therefore, sometimes it is having voltages that exceed 40 volts. these additional requirements were necessary, to have both high voltage in
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the form of a power circuit and low addition, the commenter pointed out work to frequently remove sections of voltage in the form of a control circuit that belt structure removal occurs 2 or conveyor structure. This commenter in the same compartment(s) of the 3 times a shift, taking 15 to 30 minutes indicated that procedures have been motor-starter enclosures. In addition, each time. Other commenters suggested developed to ensure that this work can compartments of motor-starter that this provision be deleted, since be done without risk of high-voltage enclosures that house high-voltage proper guarding is required by § 75.816. cables creating a hazard. disconnect switches may also contain These commenters suggested that the In response to these commenters, the low-and/or medium-voltage control and requirement would result in Agency has changed the language of the lighting transformers. The deenergizing cables even if work is proposed rule. The final rule allows deenergization and lockout being done 10,000 feet from the cables. guarding or protection by elevation as requirements under the new standard Another commenter suggested that this another means of protecting cables from address the safety concerns associated requirement should be waived if the damage and to minimize danger of with working near multiple voltage high-voltage cable is installed on contact with energized cables. Proper circuits. Therefore, the Agency monorail because personnel are safely guarding of cables in accordance with concludes that paragraph (e) of this protected by the location of the cable. § 75.816 or protection afforded by section should remain as proposed. Other reasons given for deleting the proper elevation would minimize miner Paragraph (f) of the final rule requires deenergization requirement were: (1) It contact with cables and minimize that high-voltage cables located in would be less safe for miners, as it damage to the cables. The Agency agrees conveyor belt entries be deenergized, would result in deenergization of that there are safety advantages in guarded, or isolated by elevation prior several longwall safety devices such as leaving the high-voltage cable energized to the installation or removal of the the face and equipment illumination if the cable is properly protected during conveyor belt structure. The proposed system; (2) It would result in an undue belt structure installation and removal. rule required that the cables be burden for operators due to the time Examples of safety equipment that deenergized prior to the removal of the required to travel to and from the power would remain energized are methane structure. Other commenters suggested center in order to deenergize the cable; monitors and illumination systems. that the deenergization requirement (3) It would cause undue stress, wear Section 75.821 Testing, Examination, should apply to the installation, as well and tear on electrical breakers, and Maintenance as the removal, of conveyor belt components, and cables due to frequent structures. These commenters pointed energizing and deenergizing; and (4) It Section 75.821 of the final rule out that the same type of work is would prevent most maintenance, requires that a person, qualified to performed during belt installation as service and support functions from perform electrical work, test and during removal. The Agency agrees with being performed while the cables were examine equipment and circuits to these commenters and has concluded deenergized. The commenter also detect and correct conditions that could that the final rule should apply to pointed out that the occurrence of high- lead to an accident and injury. The advancing as well as retreating longwall voltage cable faults is infrequent and the section requires the qualified person to systems. Therefore, the requirement has commenter has no experience of faults verify by signature and date that the been changed to apply to installation as resulting in fire or causing shocks to tests and examinations have been well as removal of conveyor belt miners. This commenter further stated completed. This record will include any structures. Contact with or damage to that currently required circuit breakers unsafe conditions and corrective actions energized cables while installing or and ground-fault systems provide taken. The section further requires that removing conveyor belt structures could adequate fault protection and that the records be kept and made available cause risks of fire and electrocution to backup protection is provided by a for at least one year. This section was miners. The final rule addresses these ‘‘Post Gulliver’’ ground-fault system at derived, in part, from existing dangers by requiring either the commenter’s operation. Another §§ 75.512—Electric equipment; deenergization, guarding, or proper commenter suggested that this examination, testing and maintenance, location of the cables before installing or requirement should only apply to cables 75.512–2—Frequency of examinations, removing belt structures. which are not guarded and which are 75.800–3—Testing, examination and Commenters suggested that located in conveyor belt entries less maintenance of circuit breakers; deenergizing the high-voltage cable for than three feet away from the conveyor procedures, and 75.800–4—Testing, removal of the belt conveyor structure is belt structure. examination, and maintenance of often impractical and that an alternative Another commenter suggested that circuit breakers; record which generally would be to guard the cable from direct the requirement should not apply where apply to electrical equipment contact with the belt conveyor structure the mine operator can demonstrate that underground. This section applies to during removal. Reasons given for this the seam height provides ample high-voltage equipment on the longwall alternative were: (1) Many of the routine clearance of at least 6.5 feet or other face or within 150 feet of the pillar jobs performed along the longwall face methods are used to prevent any workings. cannot be performed with the power off possible mechanical damage to high- Paragraph (a) of § 75.821 requires that (such as repositioning of the longwall voltage cables which may occur during persons, qualified in accordance with shearer, moving the shields removal of conveyor belt structures. existing § 75.153—Electrical work; electronically and moving the face Another commenter indicated that the qualified person, test and examine high- conveyor, as well as equipment phrasing of the proposed rule led the voltage longwall equipment and circuits servicing and welding operations that commenter to believe that MSHA was to protect miners from electrical or typically contribute to the normal safe referring to the complete removal of the operational hazardous that may exist. and efficient operation of the longwall) conveyor belt structure (as would be the As noted under the § 75.820 discussion, and (2) Methane monitors, face lighting, case for an advancing longwall). This based on the recent Federal Mine Safety and on-board shield diagnostics would commenter indicated that operators are and Health Review Commission Black lose power if they receive electrical concerned about application of the rule Mesa decision (22 FMSHRC 708, 715; power through the high-voltage system to the more common retreating longwall June 30, 2000), § 75.153 requires that a that feeds the face equipment. In situation where it is part of the routine ‘person qualified’ be knowledgeable of
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high-, medium-, and low-voltage injuries. The Agency considers it very cables protected by the described circuits and equipment. Consistent with important that the required guarding, be inspected to assure proper this decision and for clarification examinations and tests be conducted as maintenance. The Agency believes that purposes, the language of paragraph (a) frequently as possible from the verification of proper maintenance has been modified in the same fashion standpoint of safety and practicability, regarding these items would not require, as in § 75.820(a) to conform with the and that an examination at least once in all cases, removal of the equipment ruling under this decision and the plain every seven days rather than weekly covers and cable guards in order to meaning of § 75.153. Thus, under this provides this assurance. A requirement make this determination. Some paragraph as revised, a person must be for a weekly examination can result in protective device settings do not change, qualified under § 75.153 to perform the equipment not being examined for so frequent removal of covers to gain electrical work on ‘‘all’’ circuits and as long as 13–14 days. In addition, the access for inspection serves no useful equipment, not just high-voltage seven-day requirement is consistent purpose and reduces safety if covers are circuits. Testing and examining high- with similar type requirements not properly replaced. Removing and voltage longwall equipment and circuits contained in regulations promulgated by replacing guards that are installed to allows qualified persons to determine the Agency pertaining to ventilation provide mechanical protection for that the electrical protection, equipment under §§ 75.312(b)(1)(ii)—Main mine cables, without good reason, could grounding, permissibility, cable fan examinations and records and likewise result in an unsafe condition if insulation, and control devices are 75.364(a)—Weekly examination. not properly replaced. properly maintained to prevent fire, Another commenter suggested that the Since 1970, Title 30 CFR has electric shock, ignition or operational proposed provision was too vague and contained an examination, test, and hazards from existing on the equipment. in order to eliminate confusion, maintenance requirement for electric Keeping equipment free from these submitted the following examination equipment that is more basic than hazards is assured by the training and requirements: (1) Actuate each ground- § 75.821. The Agency has been asked on expertise of qualified electricians. fault test circuit required by § 75.814(c); several occasions to describe the Regular testing and examination of high- (2) Examine the cable guarding and required extent of proper examination of voltage equipment used in face areas handling system to ensure that they are circuits and equipment. Since there are assures that hazardous conditions are properly installed and protecting the so many varieties of circuits and discovered and corrected before they cables; (3) Determine that explosion- equipment in use in mines, it is can cause injuries to miners. The proof components are maintained in impractical to describe a specific standard requires examinations and permissible condition; (4) Actuate the inspection procedure that applies to all tests of high-voltage longwall equipment emergency stop button and verify that circuits and equipment in all instances. Consequently, a general type at least once every 7 days. the corresponding circuit-interrupting inspection procedure, such as that Examinations and tests include device opens; and (5) Verify that the contained in this final rule, is necessary. activating the ground-fault test circuit face communication system is The amount of detail needed for a given which is required by § 75.814(c) of this operational. Another commenter inspection is normally determined on a final rule. The standard assures that suggested that the proposed case-by-case basis, as the inspection problems which arise during normal use examination requirements were so takes place. For example, the testing of of mining equipment will be identified comprehensive that it would take a ground monitors would normally only and corrected, so that miners are not skilled person two days and that the exposed to hazards. Activating the require simple activation of readily more limited examination suggested by ground-fault test circuit will identify available test switches; however, the previous commenter would cover any damage or defects in the ground- findings revealed during this portion of the essential safety aspects. fault circuit and therefore protect the inspection of the longwall circuits miners from being exposed to energized In response to the comments and equipment may indicate a need for longwall equipment frames. regarding adoption of less time- more thorough examinations and tests. A commenter stated that 30 CFR part consuming examination requirements, For example, if an ohm meter test 75 requires mine operators to conduct a the complex high-voltage longwall determined that a condition existed in multitude of tests in the underground mining system contains numerous a cable, such as an inadvertent environment. The commenter further cables, conductors, and pieces of connection between a pilot wire and stated that these tests are normally equipment that require time-consuming ground wire rendering a ground monitor conducted on a ‘‘daily,’’ ‘‘weekly,’’ or examinations to assure safe operating inoperative, further examination and ‘‘monthly’’ basis, and that the proposed conditions. Although proper circuit and correction would be required to rule is confusing and can present a equipment maintenance requires both establish effective ground monitoring. problem for those operations working visual and physical examinations, most For these reasons, the Agency concludes under nontraditional schedules. The examinations are visual. In addition, that the final rule require general type commenter recommended that for testing of circuits and equipment examinations and tests be conducted. clarity and consistency, the phrase routinely includes activating available Therefore, except for the change based ‘‘once every 7 days’’ be removed and the test switches to verify proper operation on the Black Mesa decision, paragraph word ‘‘weekly’’ be substituted. In and causes the protective devices to (a) of this section remains as proposed. response to this comment, circuits and open. High-voltage longwall equipment Paragraph (b) of the final rule, like the equipment used in conjunction with contains circuit protective devices that proposed rule, requires that each high-voltage longwalls are frequently are mounted in heavily constructed ground-wire monitor and corresponding being moved and subjected to heavy explosion-proof enclosures containing circuit be examined and tested at least use, increasing the likelihood of wear large bolted covers and cables that are once each 30 days to verify that it is and breakdown. Because of this, it is protected by heavily constructed operating properly and will cause the extremely important that defects in guarding. The proposed rule required, corresponding circuit-interrupting circuits and equipment be detected as in part, that a determination be made device to open. This procedure assures quickly as possible and repaired before that protective devices, in some cases that ground-wire monitors and the occurrence of related accidents and contained within these enclosures, and corresponding circuit-interrupting
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devices will operate properly to rule. ‘‘Immediately’’ is intended to responsible persons from entering the deenergize the circuits that they reflect its plain meaning that the information as is currently allowed. monitor. A commenter suggested that required action be without hesitation or This commenter pointed out that the the requirement for testing of ground- delay. It is emphasized, however, that results of the examination could be wire monitors be relocated to another the rule is referring to those safety allowed to be entered by the examiner section of the rule, or possibly defects that are considered hazardous, or by a responsible mine official, or § 75.803—Fail safe ground check as stated under § 75.821(c). For information could be transferred from a circuits on high-voltage resistance example, some conditions, such as bare checklist filled out by the examiner. In grounded systems. The Agency has energized conductors in cables or response to this commenter, high- determined that the important safety conductors, present fire, electric shock, voltage longwalls contain complex protection provided by these devices ignition, and possibly even operational circuits and equipment that require and their use on operating high-voltage hazards and require either immediate examinations and tests be conducted longwall equipment necessitates placing removal from service or immediate only by qualified persons ground monitor testing requirements in repair. However, conditions may exist knowledgeable about equipment this section of the final rule. This is that would not require immediate function and operation. These persons required in addition to other relevant shutdown of equipment, but due to the routinely acquire this knowledge testing requirements for other protective nature of the condition, would permit through numerous hours of education, systems on high-voltage longwall continued operation of the equipment training, and experience. Once equipment. until material or parts necessary to inspections, including required Another commenter suggested that correct the condition are procured, or examinations and tests, of high-voltage the testing be limited to the operation of would permit orderly shutdown of longwalls are conducted by qualified appropriate control circuit test devices equipment prior to repair. For example, persons, it can be concluded that these in the power center or high-voltage § 75.816 of this final rule requires individuals are the only ones that have motor-starter enclosure, and indicated guarding of high-voltage cables in the necessary detailed knowledge and that it should not be necessary to open specific locations. Unless there are other understanding of the results of the any explosion-proof enclosure or to extenuating circumstances such as inspection. Because of this, it is disconnect any ground wire while damaged cable or bare conductors appropriate that only these persons testing a ground-wire monitor. These present, a torn portion of guarding certify by signature and date that the commenters suggested that language be material would not be judged a required examinations and tests have added to the provision that specifies the condition that would have to be been conducted and that unsafe test be initiated by operating the test corrected immediately. It is the conditions found have been corrected switch provided as part of the ground- Agency’s intent that once a condition and recorded. This approach is wire monitor, or a similar switch with the potential to result in a fire, consistent with other examination and installed in the power center or the electric shock, ignition, or operational recordkeeping requirements high-voltage motor-starter enclosure. As hazard is revealed correction of the promulgated by MSHA. stated above, proper examination and condition should begin immediately. testing of ground-wire monitors and This includes arranging for orderly Another commenter suggested that associated circuits, which include pilot shutdown or removal of the equipment the operator maintain a written record wires and grounding conductors, may for repair until the necessary repair of each test, examination, repair or require more than simple activation of parts are obtained and installed. adjustment of all circuit breakers a test switch that normally opens the Paragraph (d) of the final rule, like the protecting high-voltage circuits which pilot wire. Therefore, paragraph (b) of proposed rule, requires the person who enter any underground area of the coal this section remains as proposed. performs examinations and tests to mine and that such records be Paragraph (c) of the final rule requires certify by signature and date that they maintained in a book approved by the equipment to be immediately removed have been conducted. Also, a record is Secretary. These commenters indicated from service or immediately repaired required for any unsafe condition found that such records are necessary to assure when examinations or tests reveal a fire, and any corrective action taken. This that tests and examinations have been electric shock, ignition, or operational unsafe condition need not be an made and would indicate which pieces hazard. This provision assures that immediate hazard to be reported. In of electrical equipment were tested and equipment which may pose a danger to addition, certifications and records are examined and which ones were not. miners will not be used until the required to be kept for at least one year They suggested that a reduction in the hazardous condition is corrected. Some and made available at the mine for amount of recordkeeping diminishes the commenters stated that the term inspection by authorized representatives operator’s accountability to provide ‘‘immediately’’ should be added to this of the Secretary and representatives of proof that all equipment has been tested provision. These commenters indicated miners at the mine. Records and and examined. In response to this that it is of utmost importance that certifications of tests and repairs are commenter, even though existing whenever tests and examinations reveal valuable tools for mine operators and § 75.512 requires examination of all malfunctions and defects, equipment can be used to point out patterns of electric equipment, proposed §§ 75.814 must be repaired or removed from equipment defects and facilitate through 75.822 are specific to high- service immediately. They pointed out improvements in equipment voltage longwall circuits and equipment that operators may be reluctant to shut maintenance and design. These records and not just high-voltage circuit down a longwall operation to make and certifications will assist in breakers. Since proper test, necessary corrections and that identifying that the required examination, and maintenance of confrontational situations and any examinations were conducted, and will circuits and equipment is considered to misinterpretations could be avoided by also assist in the investigation of be of extreme importance for the adding this clarification to the standard. accidents. protection of personnel, the Agency The Agency agrees with the A commenter suggested that requiring concluded it was necessary to draft an commenter and has added the word the examiner’s signature is not examination and testing standard for ‘‘immediately’’ to § 75.821(c) of the final necessary and eliminates other high-voltage longwall circuits and
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equipment. As stated above, the modification. One of these commenters less burdensome ground-wire monitor wording of § 75.821(d), which in part, stated that the use of a center ground- system to the mining industry. This requires that the person who completes check conductor can either eliminate or small ground-check conductor size is the examination and tests certify by significantly minimize inter-machine not a requirement but is offered to give signature and date that they have been arcing and also provides improved added flexibility to mine operators and conducted. This approach is generally ground-check monitor performance by to minimize their cost burden where consistent with requirements in other reducing induced current into the feasible. This option became available to regulations promulgated by the Agency. ground-check conductor. the coal industry and coal mine This certification and recording The Agency agrees with these equipment manufacturers as it was requirement only pertains to high- comments, and includes a new section developed and used in high-voltage voltage longwall systems, including permitting this cable design use in light longwall systems under the petition for associated low- and medium-voltage of its experience with high-voltage modification process during the last circuits and equipment. The longwall petitions. As noted above, seven years. requirements of § 75.512 remain in these new cable design provisions arise With the advent of high-voltage effect for circuits and equipment in the from technology developments longwall face equipment, the mine other than that used on high- referenced by commenters in response development and use of No. 16 AWG voltage longwall systems. Therefore, to the proposed rule and from the high- ground-check conductors for high- paragraph (d) of this section remains as voltage longwall experience under the voltage longwall equipment became an proposed. petition process. This section includes affordable technology with additional requirements from § 75.804 and allows safety benefits. This standard also Section 75.822 Underground High- the use of high-voltage longwall eliminates the need for § 75.804(a) Voltage Longwall Cables equipment cables that are designed with petitions for modification on longwalls Section 75.822 of the final rule is a center ground-check insulated for this purpose and facilitates the use new, derived in part from existing conductor smaller than No. 10 AWG of improved high-voltage cable designs. § 75.804—Underground high-voltage and metallic shields around each power These cable designs should reduce the cables. It has been added since the conductor. Acceptable cables are those hazards associated with locating severed proposed rule in specific response to manufactured to meet nationally ground-check conductors, thereby commenters, and is a logical outgrowth recognized consensus standards, such as discouraging the bypassing of ground- of this high-voltage longwall the Insulated Cable Engineers wire monitors when a cable has rulemaking. This section differs from Association (ICEA) standards and, as experienced a broken or severed the requirements of § 75.804 by provided by the final rule, are designed ground-check conductor. Mines using permitting the use of high-voltage cables with a stranded ground-check conductor this cable design have reported less that have an insulated center ground- that is no smaller than No. 16 AWG and downtime by having to locate and repair check conductor that is smaller than a is located in the center interstice of the broken or severed ground-check No. 10 AWG conductor. The Agency cable conductors. The national conductors. developed this new provision in consensus standards are developed by A commenter recommended that the response to industry requests and to recognized experts in their fields. These word ‘‘metallic’’ not be used to describe accommodate new cable design cables, through the Mine Act § 101(c) the shielding that surrounds the technology that can either eliminate or petition for modification process, have individual power conductors and that significantly minimize inter-machine been used on longwall mining the rule should allow the use of other arcing due to the reduction of current equipment for the past several years and materials to be incorporated in the induced into the ground-check provide the necessary protection from construction of the shielding. The conductor. This new cable design physical damage or stress to the No. 16 commenter did not specify what other technology developed from MSHA and AWG center ground-check conductor. types of materials should be used as the industry’s experience with using For these reasons, the Agency has shielding around the power conductors. smaller ground-monitor conductor sizes determined that allowing the use of a Experience indicates that use of high- in high-voltage longwall cables under No. 16 AWG center ground-check voltage cables with metallic shielding MSHA granted modifications. This conductor can provide equivalent or that surrounds the individual power experience, together with comments improved protection as provided by a conductors provides the intended from the high-voltage longwall regular No. 10 AWG conductor. protection against electrical hazards. rulemaking process, caused MSHA to Improved protection is provided by the Thus, the Agency has retained the cable conclude that such cable designs should No. 16 AWG ground-check conductor design specifications that incorporate be permitted under the final rule. The because it is located in the center of the metallic shielding around each power development of affordable smaller cable creating cable conductor conductor. conductors resulted directly from the symmetry. This greatly minimizes high-voltage longwall equipment design induced currents and voltages that have Section 75.1002 Installation of Electric and use experience under granted been found to occur when using cables Equipment and Conductors; modifications. where the ground-check conductors are Permissibility Two commenters suggested that a located in the interstices between the This section of the final rule is regulation be developed to permit the phase conductors. These induced derived from existing §§ 75.1002— use of high-voltage cables that have a currents and voltages can result in Location of trolley wires, trolley feeder center ground-check conductor smaller arcing, fire or ignition hazards. Using wires, high-voltage cables and than a No. 10 AWG conductor that is cables with No. 10 AWG conductors has transformers and 75.1002–1—Location presently required under § 75.804(a). required the installation of external arc- of other electric equipment; The commenters further stated that suppression devices to prevent induced requirements for permissibility and MSHA has allowed the use of a smaller currents and voltages. Therefore, addresses requirements for conductors ground-check conductor for high- permitting cables with No. 16 AWG and cables used in or inby the last open voltage cables through the use of conductors located in the center of the crosscut, and electric equipment and § 101(c) of the Mine Act for petitions for cables, brings a safer, more efficient, and conductors and cables used within 150
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feet of pillar workings. The final rule under this final rule) will remain in DERIVATION TABLE—Continued revises existing § 75.1002 and removes effect, and mine operators who do not § 75.1002–1, which prohibited the use have granted petitions in effect must file Final rule Existing section of high-voltage cables inby the last open a petition for modification of crosscut and within 150 feet of pillar § 75.1002(b) for the future use of high- 75.814(a)(5) & (6) ..... N/A. workings or longwall faces. It also voltage continuous miners. 75.814(a)(7) ...... 75.800. In addition, the high-voltage longwall 75.814(b), (c) & (d) ... N/A. revises § 75.1002 related to the use of 75.814(e) ...... New (75.518–1). permissible equipment in these areas. final rule does not apply to 75.815(a) & (b) ...... 75.808. Paragraph (a) of the final rule, like the nonpermissible test and diagnostic 75.815(c) ...... 75.520. existing rule and proposed rule, equipment use. Previously granted 75.815(d)(1) ...... 75.601 & 75.808. continues to require that only petitions under existing § 75.1002–1(a) 75.815(d)(2) ...... 75.705. permissible electric equipment be (§ 75.1002(a) under this final rule) will 75.815(d)(3) ...... 75.511. located within 150 feet of pillar remain in effect. After the effective date 75.815(e) ...... 75.520. workings or longwall faces. This of this rule, mine operators who do not 75.816 & 75.817 ...... 75.807. equipment is specifically designed to have granted petitions in effect must file 75.818(a) ...... 75.705–6 and 75.812. 75.818(b) ...... 75.705–7 & 75.705– protect miners against fire and a petition for modification for the use of 8. explosion hazards in the mining face nonpermissible test and diagnostic 75.819 ...... N/A. areas such as the longwall face where equipment under § 75.1002(a). 75.820 ...... 75.153, 75.509, methane gas would likely accumulate In response to a commenter’s 75.511 & 75.705. and possibly cause an ignition or suggestion, MSHA has added the term 75.821 ...... 75.512, 75.512–1, explosion. ‘‘longwall faces’’ to paragraph (b) of the 75.800–3 & Paragraph (b) of the final rule, like the section. While longwall faces are 75.800–4. existing rule and proposed rule, limits generally considered to be part of a 75.822 ...... N/A. the types of electric conductors and pillar working, the use of this term more 75.1002 (revised) ...... 75.1002, 75.1002–1. cables permitted in areas where specifically identifies the place where N/A: Not Applicable. permissible equipment is required. This conductors and cables can be used. The Distribution Table section prohibits the installation of addition of this term also maintains conductors such as trolley wires and consistency with paragraph (a). This The following distribution table lists: trolley feeder wires in areas where term was used in proposed paragraph (1) Each section number of the existing permissible equipment is required. Such (a) to clarify that longwall faces are standards and (2) The section number of electric conductors could provide a included as part of the pillar working. the final rule which contains provisions ready ignition source and therefore must Paragraph (b)(1) of the final rule, like derived from the corresponding existing not be used where permissible the proposed rule, permits the use of section. equipment is required. Permissible shielded high-voltage cables supplying equipment is defined under 30 CFR power to permissible longwall DISTRIBUTION TABLE § 18.2—Definitions and under § 318(i) of equipment. Paragraphs (b)(2) through the Mine Act. Such equipment is (b)(4) of the final rule, like the existing Existing section Final rule specifically approved by MSHA for use standards, permit the use of conductors in fire and explosive hazardous areas. 75.2 ...... Partly new 75.2. and cables of intrinsically safe circuits, NA ...... 75.813. However, the new final paragraph (b)(1), and cables and conductors supplying 75.518–1 & 75.808 ... 75.814(a)(1). like the proposed rule, permits the use power to low- and medium-voltage NA ...... 75.814(a)(2). of shielded high-voltage longwall cable. permissible equipment in or inby the 75.802 ...... 75.814(a)(3). Such shielding and design protect last open crosscut and within 150 feet 75.800 ...... 75.814(a)(4). against arcing and other electrical of pillar workings or longwall faces. NA ...... 75.814(a)(5) & (6). ignition hazards that may occur when 75.800 ...... 75.814(7). the outer jacket material of the cable is Petitions for Modification NA ...... 75.814(b), (c) & (d). damaged. The use of shielded high- On the effective date of this final rule, New (75.518–1) ...... 75.814 (e). 75.808 ...... 75.815 (a) & (b). voltage cables supplying power to all existing petitions for modification for 75.520 ...... 75.815 (c). permissible longwall equipment reduces high-voltage longwall use under 75.601 & 75.808 ...... 75.815 (d)(1). the risk of fire or explosion in face areas § 75.1002 will be superseded. Operators 75.705 ...... 75.815 (d)(2). since these cables have equivalent or are thereafter required to comply with 75.511 ...... 75.815 (d)(3). superior mechanical and electrical the provisions of this final rule. 75.520 ...... 75.815 (e). protective characteristics. This 75.807 ...... 75.816 & 75.817. Derivation Table equipment offers other improved safety 75.705–6 & 75.812 ... 75.818 (a). features, such as short-circuit and The following derivation table lists: 75.705–7 & 75.705–8 75.818 (b). (1) Each section number of the final rule NA ...... 75.819. ground-fault protection against shock, 75.153, 75.509, 75.820. fire, and explosion hazards. The final and (2) The section number of the 75.511 75.705. rule continues to prohibit the use of standard from which the section is 75.512, 75.512–1, 75.821. such nonpermissible equipment not derived (existing section). 75.800–3 & specifically approved by MSHA for use 75.800–4. near the actual coal extraction areas DERIVATION TABLE NA ...... 75.822. where increased fire and explosion 75.1002 (Revised) & 75.1002. hazards exist. Final rule Existing section 75.1002–1 (Re- The high-voltage longwall final rule moved). 75.2 ...... Partly new. does not apply to high-voltage 75.813 ...... N/A. NA—Not Applicable. continuous miner use within 150 feet of 75.814(a)(1) ...... 75.518–1 & 75.800. III. Paperwork Reduction Act pillar workings. High-voltage 75.814(a)(2) ...... N/A. continuous miner petitions granted 75.814(a)(3) ...... 75.802. The information collection under existing § 75.1002 (§ 75.1002(b) 75.814(a)(4) ...... 75.800. requirements contained in this final rule
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have been submitted to the Office of costs from these provisions are given in The information collection Management and Budget (OMB) for the following table. The total first year requirements contained in this rule for review under the Paperwork Reduction paperwork burden hours and costs of part 75 were submitted to OMB for Act of 1995 (44 U.S.C. 3501–3520), as the rule are 5,736 hours and $163,929, review under the Paperwork Reduction implemented by OMB in regulations at respectively. The total burden hours and Act of 1995 and were approved under 5 CFR part 1320. The Paperwork costs in each year thereafter will be OMB Control Number 1219–0116. This Reduction Act of 1995 (PRA 95) defines 5,732 hours and $163,806, respectively. Control Number, however, expired in collection of information as ‘‘the 1994, and the information requirements obtaining, causing to be obtained, Manufacturers seeking approval for longwall equipment continue to be have been resubmitted to OMB for soliciting, or requiring the disclosure to reinstatement. In accordance with third parties or the public of facts or required to submit applications for § 1320.11(h) of the implementing opinions by or for an agency regardless approval including related drawings, of form or format.’’ drawing lists, specifications, wiring regulations, OMB has 60 days from This rule contains information diagrams, and descriptions. The today’s publication date in which to collection requirements for high-voltage paperwork burden for this application approve, disapprove, or instruct MSHA longwall operators in § 18.53(h), process is approved as part of a petition to make a change to the information § 75.820(b), § 75.820(e) and § 75.821(d). for modification, under OMB Control collection requirements in this final Annual paperwork burden hours and Number 1219–0065. rule.
TABLE OF ANNUAL BURDEN HOURS AND COSTS FROM THE RULE
Annual burden Annual burden Annual burden hours for Annual burden costs for Hours in each year costs in each year first year thereafter first year thereafter
Section 18.53(h) ...... 7 3 $247 $124 Section 75.820(b) and (e) ...... 1604 1604 45,831 45,831 Section 75.821(d) ...... 4125 4125 117,851 117,851
Total ...... 5736 5732 163,929 163,806
IV. Executive Order 12866 and because such mines do not use longwall equipment. In certain situations, the Regulatory Flexibility Act equipment. cables may also be smaller, for example, 5,000-volt (high-voltage) power cables Benefits Executive Order 12866 requires that are smaller and weigh less than 1,000- regulatory agencies assess both the costs The more stringent criteria and design volt (medium-voltage) power cables. As and benefits of regulations. MSHA has features associated with high-voltage a result of fewer and lighter power determined that this final rule will not systems, such as compartment covers cables, the risk of injuries from handling have an annual effect of $100 million or that are interlocked to prevent access to power cables during longwall more on the economy and that, energized high-voltage conductors and installation, movement, or replacement therefore, they are not an economically equipment designed to facilitate safe may be reduced. significant regulatory action pursuant to testing procedures, decrease the § 3(f)(1) of Executive Order (E.O.) 12866. likelihood of electrical accidents. In Increased productivity gains can be However, we have determined that this addition, high-voltage cables are realized when using high voltage rather final rule is significant under § 3(f)(4) of required to be shielded around each than medium voltage. In cases where E.O. 12866, which defines a significant conductor (SHD type) whereas medium- medium voltage is used to power larger regulatory action as one that may voltage cables can be shielded around motors and heavier duty longwall ‘‘* * * raise novel legal or policy issues the circumference of the cable (SHC equipment, current (amperes) can arising out of legal mandates, the type). The SHD cables are safer than the increase, causing motors and/or cables President’s priorities, or the principles SHC cables because shielding the to overheat. However, if high voltage set forth in the Executive Order.’’ MSHA individual power conductors reduces rather than medium voltage is used to completed a Regulatory Economic the possibility of a short circuit that can power the larger motors and heavier Analysis (REA) in which the economic cause a fire, or a shock and burn hazard duty longwall equipment, current impact of the rule is estimated. The REA when a miner touches a cable. The SHD (amperes) is reduced, and the risk of is available from MSHA and is shielding reduces the possibility of a overheating motors and/or cables summarized as follows. shock hazard because an exposed diminishes. Also, motor start-up is easier when using high voltage. This Population-at-Risk energized conductor will contact the SHD shielding and activate the ground- increased reliability may reduce the MSHA estimates that this rulemaking fault protection, which removes power amount of longwall equipment would initially affect approximately to the cable. The use of high-voltage downtime, thereby enhancing coal 14,229 miners at 43 underground coal SHD cables reduces the chances of cable productivity. mines and six mines employing about damage which, in turn, reduces the Section 75.818(b)(1) and (2) requires 1,667 miners that would begin using chances of a miner coming into contact that high-voltage insulated gloves, high-voltage longwall equipment in the with an energized conductor(s). sleeves, and other insulated personal first year of the rule. The rule would not Further, the use of high voltage in protective equipment be rated as Class increase costs to small mines, which longwall mining operations may reduce 1 or higher, be visibly examined before MSHA has traditionally defined as the number of power cables running each use for signs of damage, and that having fewer than 20 employees, between various pieces of longwall such protective equipment be removed
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from the underground area of the mine In addition, eliminating the petition final rule will reduce recordkeeping and when damaged or defective. process would produce further savings petition requirements. Section 75.818(b)(3) requires that for medium-voltage longwall units that The final rule is clearly economically insulated personal protective equipment convert to high-voltage units. The rule feasible insofar as it provides a yearly be electrically tested every six months. would eliminate delayed production net savings of $23.08 million to high- Section 75.820(d)(3) requires qualified that could occur as a result of a mine voltage longwall mines. This includes a electricians to wear properly rated not being able to synchronize initial one-time savings of $6.75 million for rubber gloves in order to perform start-up of its high-voltage longwall each longwall mine that converts to troubleshooting and testing on low- and equipment with the granting of a high voltage as well as annual costs of medium-voltage circuits in a high- petition. The medium-voltage longwall $258 for each high-voltage longwall voltage compartment. Currently, units that convert would have the mine. opportunity to obtain higher petitions for modification do not have Regulatory Flexibility Act and Small productivity yields from the use of high this requirement. Thus, § 75.820(d)(3) Business Regulatory Enforcement voltage sooner under the rule than provides additional safety protection Fairness Act (SBREFA) during this troubleshooting and testing. under current procedures. Based on an Finally, the rule continues the same average 66.1 percent increased The Regulatory Flexibility Act (RFA) electrical safety requirements developed productivity of high-voltage longwalls requires regulatory agencies to consider in the petitions for modification to use over lower-voltage longwalls and an a rule’s impact on small entities. For the high-voltage longwalls. average delayed production time of 78 purposes of the RFA and this working days, MSHA estimates that the certification, MSHA has analyzed the Compliance Costs one-time conversion accelerated impact of the final rule and has This rule will result in yearly net production savings due to the petition determined that there will be a cost savings of $23,083,980. This includes a process would be about $6,733,280 per savings to small entities affected by this savings per conversion of $6,753,851 high-voltage longwall unit. rule. MSHA will mail a copy of the final attributed to each medium-voltage With respect to individual provisions rule, including the preamble and longwall unit that converts to high- concerning the 43 existing mines that regulatory flexibility certification voltage usage. These conversion savings currently use high-voltage equipment statement, to all underground coal mine consist of $6,733,280 for accelerated and the medium-voltage longwall units operators and miners’ representatives. production savings per unit, and that would shift to high voltage, The final rule will also be placed on $20,571 for filed petition savings per § 75.818(b)(4) would require mines to MSHA’s Internet Homepage at http:// unit. perform an electrical test of personal protective equipment every six months. www.msha.gov, under Statutory and The net economic effect of the rule Section 75.820(d)(3) would require Regulatory Information. includes substantially increased electricians to wear properly-rated In accordance with § 605 of the RFA, productivity and cost savings for each rubber gloves to perform MSHA certifies that this final rule will longwall unit that converts to high- troubleshooting and testing on low- and not have a significant adverse economic voltage equipment and cables, and a medium-voltage circuits that are impact on a substantial number of small small cost annually for each longwall contained in a compartment with high- entities. No small governmental unit that uses high-voltage equipment voltage circuits. Compliance cost jurisdictions or nonprofit organizations and cables. Accelerated production increases of $90 per longwall unit and are affected. savings are savings due to the more $168 per longwall unit are identified Under the Small Business Regulatory productive high-voltage equipment with §§ 75.818(b)(4) and 75.820(d)(3), Enforcement Fairness Act amendments being used sooner rather than later. respectively. to the RFA, MSHA must include in the Filed petition savings refer to savings final rule a factual basis for this due to eliminating legal fees and Economic Impact certification. The Agency also must expenses connected with a filed The rule enhances productivity in publish the regulatory flexibility petition. The elimination of the need to those affected mines because it allows certification in the Federal Register, file petitions for modification to use more efficient high-voltage longwall along with its factual basis. high-voltage longwalls will reduce the equipment to be established more Factual Basis for Certification costs associated with the petition rapidly in the relatively few process and will require less paperwork. underground coal mines in which it can The Agency compared the gross costs MSHA estimates that the petition be profitably employed. MSHA has of the rule for small mines in each process would have imposed costs for concluded that the rule will have only sector to the revenue for that sector for legal fees and expenses of about $5,250 a small (but favorable) effect on coal both size categories analyzed (MSHA for an unopposed petition filing and output, price, and profitability. and Small Business Administration $112,500 for an opposed petition ‘small entity’ definitions). Given that the requiring litigation, including Feasibility gross compliance costs for small mines proceedings before Administrative Law MSHA has concluded that the is substantially less than 1 percent of Judges, the Assistant Secretary, and requirements of the final rule are both revenue and that net costs are negative, courts of appeal. Since 14.3 percent (1 technologically and economically MSHA concludes that there is no out of 7) of all petitions granted by feasible. significant cost impact of the rule on MSHA in 1998 were contested and This final rule is not a technology- small entities that use high-voltage required an ALJ’s decision, MSHA forcing standard and does not involve longwall units. assumes this same percentage would be activities on the frontiers of scientific Other small entities potentially contested were future petitions to be knowledge. The equipment testing, affected by the rule are small filed. Thus, elimination of the petition recordkeeping, and rubber glove manufacturers of high-voltage longwall process would generate a one-time filed requirements all involve standard equipment. MSHA concludes that the petition savings per high-voltage procedures or simple, off-the-shelf rule would not have a significant impact longwall unit of $20,571. technologies. Other provisions of the upon a substantial number of small
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manufacturers of high-voltage longwall manufacturers high-voltage longwall PART 18—ELECTRIC MOTOR-DRIVEN equipment. equipment. MINE EQUIPMENT AND MSHA also has determined that there Executive Order 12630 ACCESSORIES are no initial net compliance costs as a result of this rule. The final rule results This rule is not subject to Executive 1. The authority citation for part 18 in a net savings. Currently mine Order 12630, Governmental Actions and continues to read as follows: operators are required to file a petition Interference with Constitutionally Authority: 30 U.S.C. 957, 961. for modification to use high-voltage Protected Property Rights, because it does not involve implementation of a 2. Add § 18.53 to subpart B of part 18 longwall equipment. This is a costly and to read as follows: lengthy administrative process. This policy with takings implications. final rule increases safety, effectiveness, Executive Order 12988 § 18.53 High-voltage longwall mining and efficiency in the use of high-voltage systems. longwall equipment. The lengthy This regulation has been drafted and (a) In each high-voltage motor-starter approval process will be eliminated. reviewed in accordance with Executive enclosure, with the exception of a The Agency estimates that six existing Order 12988, Civil Justice Reform, and controller on a high-voltage shearer, the longwall mines will convert to high will not unduly burden the Federal disconnect device compartment, voltage and an additional three new court system. The regulation has been control/communications compartment, longwall mines each year will elect to written so as to minimize litigation and and motor contactor compartment must adopt high-voltage technology in the provide a clear legal standard for be separated by barriers or partitions to future. affected conduct, and has been reviewed prevent exposure of personnel to carefully to eliminate drafting errors and Unfunded Mandates Reform Act of 1995 energized high-voltage conductors or ambiguities. parts. In each motor-starter enclosure on For purposes of the Unfunded Executive Order 13211 (Energy) a high-voltage shearer, the high-voltage Mandates Reform Act of 1995, as well components must be separated from as E.O. 12875, this rule does not include In accordance with Executive Order lower voltage components by barriers or any Federal mandate that may result in 13211, MSHA has reviewed this final partitions to prevent exposure of increased expenditures by State, local, rule for its energy impacts. We have personnel to energized high-voltage and tribal governments, or increased determined that the Executive Order conductors or parts. Barriers or expenditures by the private sector of does not apply to this final rule for the partitions must be constructed of more than $100 million. MSHA is not following reasons. One, this rulemaking grounded metal or nonconductive aware of any State, local, or tribal is not considered a ‘‘significant insulating board. government that either owns or operates regulatory action’’ under Executive (b) Each cover of a compartment in underground coal mines. Order 12866 and therefore the action the high-voltage motor-starter enclosure does not meet the criteria listed in Executive Order 13132 containing high-voltage components Executive Order 13211 requiring a must be equipped with at least two MSHA has reviewed this rule in Statement of Energy Effects. Two, the interlock switches arranged to accordance with Executive Order 13132 proposed rule was published before the automatically deenergize the high- regarding federalism, and has effective date of the Executive Order. voltage components within that determined that it does not have Three, MSHA has determined that this compartment when the cover is ‘‘federalism implications.’’ The rule final rule will not have any adverse removed. does not ‘‘have substantial direct effects effects on energy supply, distribution, or (c) Circuit-interrupting devices must on the States, on the relationship use. To the contrary, as summarized in be designed and installed to prevent between the national government and the economic analysis, MSHA expects automatic reclosure. the States, or on the distribution of accelerated coal production because of (d) Transformers with high-voltage power and responsibilities among the the implementation of this final rule. primary windings that supply control various levels of government.’’ There are Therefore, no reasonable alternatives to voltages must incorporate grounded no underground coal mines or this action are necessary. electrostatic (Faraday) shielding manufacturers of high-voltage longwall List of Subjects between the primary and secondary equipment owned or operated by any windings. The shielding must be State governments. 30 CFR Part 18 connected to equipment ground by a Executive Order 13045 Approval regulations, Electric motor- minimum No. 12 AWG grounding driven mine equipment and accessories, conductor. The secondary nominal In accordance with Executive Order Mine safety and health. voltage must not exceed 120 volts, line 13045, MSHA has evaluated the to line. environmental health and safety effect 30 CFR Part 75 (e) Test circuits must be provided for of the final rule on children. The High-voltage longwall, Incorporation checking the condition of ground-wire Agency has determined that the final by reference, Mandatory safety monitors and ground-fault protection rule will have no effect on children. standards, Mine safety and health, without exposing personnel to energized circuits. Each ground-test Executive Order 13084 Underground coal mines. circuit must inject a primary current of Dated: February 25, 2002. In accordance with Executive Order 50 percent or less of the current rating 13084, MSHA certifies that the high- Dave D. Lauriski, of the grounding resistor through the voltage longwall final rule does not Assistant Secretary of Labor for Mine Safety current transformer and cause each impose substantial direct compliance and Health. corresponding circuit-interrupting costs on Indian tribal governments. For the reasons set out in the device to open. MSHA is not aware of any Indian tribal preamble, chapter I of title 30 of the (f) Each motor-starter enclosure, with governments which either own or Code of Federal Regulations is amended the exception of a controller on a high- operate underground coal mines or as follows: voltage shearer, must be equipped with
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a disconnect device installed to (v) When located in a non-explosion- volts must be made of a shielded deenergize all high-voltage power proof enclosure, the device must be construction with a grounded metallic conductors extending from the designed and installed to cause the shield around each power conductor. enclosure when the device is in the current to be interrupted automatically (j) High-voltage motor and shearer ‘‘open’’ position. prior to the opening of the contacts, or circuits must be provided with (1) When multiple disconnect devices the device must be capable of instantaneous ground-fault protection of located in the same enclosure are used interrupting the full-load current of the not more than 0.125-amperes. Current to satisfy the above requirement they circuit. transformers used for this protection must be mechanically connected to (g) Control circuits for the high- must be of the single-window type and provide simultaneous operation by one voltage motor starters must be must be installed to encircle all three interlocked with the disconnect device handle. phase conductors. so that— (2) The disconnect device must be (k) Safeguards against corona must be rated for the maximum phase-to-phase (1) The control circuit can be operated with an auxiliary switch in the ‘‘test’’ provided on all 4,160 voltage circuits in voltage and the full-load current of the explosion-proof enclosures. circuit in which it is located, and position only when the disconnect installed so that— device is in the open and grounded (l) The maximum pressure rise within position; and an explosion-proof enclosure containing (i) Visual observation determines that (2) The control circuit can be operated the contacts are open without removing high-voltage switchgear must be limited with the auxiliary switch in the to 0.83 times the design pressure. any cover; ‘‘normal’’ position only when the (ii) The load-side power conductors disconnect switch is in the closed (m) High-voltage electrical are grounded when the device is in the position. components located in high-voltage ‘‘open’’ position; (h) A study to determine the explosion-proof enclosures must not be (iii) The device can be locked in the minimum available fault current must coplanar with a single plane flame- ‘‘open’’ position; be submitted to MSHA to ensure arresting path. (iv) When located in an explosion- adequate protection for the length and (n) Rigid insulation between high- proof enclosure, the device must be conductor size of the longwall motor, voltage terminals (Phase-to-Phase or designed and installed to cause the shearer and trailing cables. Phase-to-Ground) must be designed current to be interrupted automatically (i) Longwall motor and shearer cables with creepage distances in accordance prior to the opening of the contacts; and with nominal voltages greater than 660 with the following table:
MINIMUM CREEPAGE DISTANCES
Minimum creepage distances (inches) for comparative tracking index Points of (CTI) range 1 Phase to phase voltage measure CTI≥500 380≤CTI<500 175≤CTI<380 CTI<175
2,400 ...... -–- 1.50 1.95 2.40 2.90 -–G 1.00 1.25 1.55 1.85 4,160 ...... -–- 2.40 3.15 3.90 4.65 -–G 1.50 1.95 2.40 2.90 1 Assumes that all insulation is rated for the applied voltage or higher. (o) Explosion-proof motor-starter enclosures must be designed to establish the minimum free distance (MFD) between the wall or cover of the enclosure and uninsulated electrical conductors inside the enclosure in accordance with the following table: HIGH-VOLTAGE MINIMUM FREE DISTANCES (MFD)
Steel MFD (in) Aluminum MFD (in) Wall/cover thickness (in) A 1 B 2 C 3 ABC
1⁄4 ...... 2.8 4.3 5.8 4 NA 4 NA 4 NA 3⁄8 ...... 1.8 2.3 3.9 8.6 12.8 18.1 1⁄2 ...... * 1.2 2.0 2.7 6.5 9.8 13.0 5⁄8 ...... * 0.9 1.5 2.1 5.1 7.7 10.4 3⁄4 ...... * 0.6 * 1.1 1.6 4.1 6.3 8.6 1 ...... (*) * 0.6 * 1.0 2.9 4.5 6.2 Note *: The minimum electrical clearances must still be maintained. 1 Column A specifies the MFD for enclosures that have available 3-phase bolted short-circuit currents of 10,000 amperes rms or less. 2 Column B specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than 10,000 and less than or equal to 15,000 amperes rms. 3 Column C specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than 15,000 and less than or equal to 20,000 amperes rms. 4 Not Applicable—MSHA doesn’t allow aluminum wall or covers to be 1⁄4 inch or less in thickness (Section 18.31). (1) For values not included in the table, the following formulas on which the table is based may be used to determine the minimum free distance.
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(i) Steel Wall/Cover:
− ()35+ 105 (C) (I (t)) d MFD =×2. 296 10 6 sc − ()()Cd 2
(ii) Aluminum Wall/Cover:
− ()35+ 105 (C) (I (t)) d MFD =×1. 032 10 5 sc − ()()Cd 2
Where C is 1.4 for 2,400 volt systems or (B) Permanent deformation exceeding Short circuit. An abnormal connection 3.0 for 4,160 volt systems, Isc is the 3- 0.040 inches per linear foot; or of relatively low impedance, whether phase short circuit current in amperes of (C) Excessive clearances along flame- made accidentally or intentionally, the system, t is the clearing time in arresting paths following retightening of between two points of different seconds of the outby circuit-interrupting fastenings, as necessary. potential. device and d is the thickness in inches PART 75—MANDATORY SAFETY * * * * * of the metal wall/cover adjacent to an 5. Part 75, Subpart I, Underground area of potential arcing. STANDARDS—UNDERGROUND COAL MINES High-Voltage Distribution, is amended (2) The minimum free distance must by adding §§ 75.813 through 75.822 and be increased by 1.5 inches for 4,160 volt 3. The authority citation for part 75 Appendix A under a new undesignated systems and 0.7 inches for 2,400 volt continues to read as follows: center heading, high-voltage longwalls, systems when the adjacent wall area is Authority: 30 U.S.C. 811. to read as follows: the top of the enclosure. If a steel shield Sec. is mounted in conjunction with an 4. Amend § 75.2 by adding the aluminum wall or cover, the thickness following definitions: High-Voltage Longwalls of the steel shield is used to determine § 75.2 Definitions. 75.813 High-voltage longwalls; scope. the minimum free distances. 75.814 Electrical protection. * * * * * 75.815 Disconnect devices. (p) The following static pressure test Adequate interrupting capacity. The 75.816 Guarding of cables. must be performed on each prototype ability of an electrical protective device, 75.817 Cable handling and support systems. design of explosion-proof enclosures based upon its required and intended 75.818 Use of insulated cable handling containing high-voltage switchgear prior application, to safely interrupt values of equipment. to the explosion tests. The static current in excess of its trip setting or 75.819 Motor-starter enclosures; barriers pressure test must also be performed on melting point. and interlocks. 75.820 Electrical work; troubleshooting and every explosion-proof enclosure * * * * * containing high-voltage switchgear, at testing. Approval documentation. Formal 75.821 Testing, examination and the time of manufacture, unless the papers issued by the Mine Safety and maintenance. manufacturer uses an MSHA accepted Health Administration which describe 75.822 Underground high-voltage longwall quality assurance procedure covering and illustrate the complete assembly of cables. inspection of the enclosure. Procedures electrical machinery or accessories Appendix A to Subpart I—Diagrams of Inby must include a detailed check of parts which have met the applicable and Outby Switching against the drawings to determine that requirements of 30 CFR part 18. * * * * * the parts and the drawings coincide and * * * * * High-Voltage Longwalls that the minimum requirements stated Circuit-interrupting device. A device in part 18 have been followed with designed to open and close a circuit by § 75.813 High-voltage longwalls; scope. respect to materials, dimensions, nonautomatic means and to open the Sections 75.814 through 75.822 of this configuration and workmanship. circuit automatically at a predetermined part are electrical safety standards that (1) Test procedure. (i) The enclosure overcurrent value without damage to the apply to high-voltage longwall circuits must be internally pressurized to at least device when operated within its rating. and equipment. All other existing the design pressure, maintaining the * * * * * standards in 30 CFR must also apply to pressure for a minimum of 10 seconds. Ground fault or grounded phase. An these longwall circuits and equipment (ii) Following the pressure hold, the unintentional connection between an where appropriate. pressure must be removed and the electric circuit and the grounding pressurizing agent removed from the system. § 75.814 Electrical protection. enclosure. Motor-starter enclosure. An enclosure (a) High-voltage circuits must be (2) Acceptable performance. (i) The containing motor starting circuits and protected against short circuits, enclosure during pressurization must equipment. overloads, ground faults, and not exhibit— Nominal voltage. The phase-to-phase undervoltages by circuit-interrupting (A) Leakage through welds or casting; or line-to-line root-mean-square value devices of adequate interrupting or assigned to a circuit or system for capacity as follows: (B) Rupture of any part that affects the designation of its voltage class, such as (1) Current settings of short-circuit explosion-proof integrity of the 480 or 4,160 volts. Actual voltage at protective devices must not exceed the enclosure. which the circuit or system operates setting specified in approval (ii) The enclosure following removal may vary from the nominal voltage documentation, or seventy-five percent of the pressurizing agents must not within a range that permits satisfactory of the minimum available phase-to- exhibit— operation of equipment. phase short-circuit current, whichever is (A) Visible cracks in welds; * * * * * less.
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(2) Time-delay settings of short-circuit phase conductors. Equipment safety the circuit that is supplied power protective devices used to protect any grounding conductors must not pass through the device. cable extending from the section power through or be connected in series with (d) Each disconnecting device must be center to a motor-starter enclosure must ground-fault current transformers. designed and installed so that — not exceed the settings specified in (c) Each ground-fault current device (1) Visual observation determines that approval documentation, or 0.25- specified in paragraphs (a)(4)(i) and (5) the contacts are open without removing second, whichever is less. Time delay of this section must be provided with a any cover; settings of short-circuit protective test circuit that will inject a primary (2) All load power conductors can be devices used to protect motor and current of 50 percent or less of the grounded when the device is in the shearer circuits must not exceed the current rating of the grounding resistor ‘‘open’’ position; and settings specified in approval through the current transformer and (3) The device can be locked in the documentation, or 3 cycles, whichever cause each corresponding circuit- ‘‘open’’ position. interrupting device to open. is less. (e) Disconnecting devices, except (3) Ground-fault currents must be (d) Circuit-interrupting devices must those installed in explosion-proof limited by a neutral grounding resistor not reclose automatically. enclosures, must be capable of to not more than— (e) Where two or more high-voltage (i) 6.5 amperes when the nominal cables are used to supply power to a interrupting the full-load current of the voltage of the power circuit is 2,400 common bus in a high-voltage circuit or designed and installed to volts or less; or enclosure, each cable must be provided cause the current to be interrupted (ii) 3.75 amperes when the nominal with ground-wire monitoring. The automatically prior to the opening of the voltage of the power circuit exceeds ground-wire monitoring circuits must contacts of the device. Disconnecting 2,400 volts. cause deenergization of each cable when devices installed in explosion-proof (4) High-voltage circuits extending either the ground-monitor or grounding enclosures must be maintained in from the section power center must be conductor(s) of any cable become accordance with the approval provided with— severed or open. On or after May 10, requirements of paragraph (f)(2)(iv) of (i) Ground-fault protection set to 2002, parallel connected cables on § 18.53 of part 18 of this chapter. cause deenergization at not more than newly installed longwalls must be § 75.816 Guarding of cables. 40 percent of the current rating of the protected as follows: neutral grounding resistor; (1) When one circuit-interrupting (a) High-voltage cables must be (ii) A backup ground-fault detection device is used to protect parallel guarded at the following locations: device to cause deenergization when a connected cables, the circuit- (1) Where persons regularly work or ground fault occurs with the neutral interrupting device must be electrically travel over or under the cables. grounding resistor open; and interlocked with the cables so that the (2) Where the cables leave cable (iii) Thermal protection for the device will open when any cable is handling or support systems to extend grounding resistor that will deenergize disconnected; or to electric components. the longwall power center if the resistor (2) When two or more parallel circuit- (b) Guarding must minimize the is subjected to a sustained ground fault. interrupting devices are used to protect possibility of miners contacting the The thermal protection must operate at parallel connected cables, the circuit- cables and protect the cables from either 50 percent of the maximum interrupting devices must be damage. The guarding must be made of temperature rise of the grounding mechanically and electrically grounded metal or nonconductive resistor, or 150° C (302° F), whichever interlocked. Mechanical interlocking flame-resistant material. is less, and must open the ground-wire must cause all devices to open monitor circuit for the high-voltage § 75.817 Cable handling and support simultaneously and electrical systems. circuit supplying the section power interlocking must cause all devices to center. The thermal protection must not open when any cable is disconnected. Longwall mining equipment must be be dependent upon control power and provided with cable-handling and may consist of a current transformer and § 75.815 Disconnect devices. support systems that are constructed, overcurrent relay. (a) The section power center must be installed and maintained to minimize (5) High-voltage motor and shearer equipped with a main disconnecting the possibility of miners contacting the circuits must be provided with device installed to deenergize all cables cables and to protect the high-voltage instantaneous ground-fault protection extending to longwall equipment when cables from damage. set at not more than 0.125-ampere. the device is in the ‘‘open’’ position. See § 75.818 Use of insulated cable handling (6) Time-delay settings of ground-fault Figures I–1 and I–2 in Appendix A to equipment. protective devices used to provide this subpart I. coordination with the instantaneous (b) Disconnecting devices for motor- (a) Energized high-voltage cables must ground-fault protection of motor and starter enclosures must be maintained in not be handled except when motor or shearer circuits must not exceed 0.25- accordance with the approval shearer cables need to be trained. When second. requirements of paragraph (f) of § 18.53 cables need to be trained, high-voltage (7) Undervoltage protection must be of part 18 of this chapter. The insulated gloves, mitts, hooks, tongs, provided by a device which operates on compartment for the disconnect device slings, aprons, or other personal loss of voltage to cause and maintain the must be provided with a caution label protective equipment capable of interruption of power to a circuit to to warn miners against entering the providing protection against shock prevent automatic restarting of the compartment before deenergizing the hazard must be used to prevent direct equipment. incoming high-voltage circuits to the contact with the cable. (b) Current transformers used for the compartment. (b) High-voltage insulated gloves, ground-fault protection specified in (c) Disconnecting devices must be sleeves, and other insulated personal paragraphs (a)(4)(i) and (5) of this rated for the maximum phase-to-phase protective equipment must— section must be single window-type and voltage of the circuit in which they are (1) Have a voltage rating of at least must be installed to encircle all three installed, and for the full-load current of Class 1 (7,500 volts) that meets or
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exceeds ASTM F496–97, ‘‘Standard § 75.819 Motor-starter enclosures; barriers each person must install an individual Specification for In-Service Care of and interlocks. padlock. Insulating Gloves and Sleeves’’ (1997). Compartment separation and cover (4) Tag the disconnecting device to interlock switches for motor-starter (2) Be examined before each use for identify each person working and the enclosures must be maintained in visible signs of damage; circuit or equipment on which work is accordance with the approval being performed. (3) Be removed from the underground requirements of paragraphs (a) and (b) of (c) Each padlock and tag must be area of the mine or destroyed when § 18.53 of part 18 of this chapter. removed only by the person who damaged or defective; and § 75.820 Electrical work; troubleshooting installed them, except that, if that (4) Be electrically tested every 6 and testing. person is unavailable at the mine, the months in accordance with publication (a) Electrical work on all circuits and lock and tag may be removed by a ASTM F496–97. ASTM F496–97 equipment associated with high-voltage person authorized by the operator, (Standard Specification for In-Service longwalls must be performed only by provided— Care of Insulating Gloves and Sleeves, persons qualified under § 75.153 to (1) The authorized person is qualified 1997) is incorporated by reference and perform electrical work on all circuits under paragraph (a) of this section; and may be inspected at any Coal Mine and equipment. (2) The operator ensures that the Health and Safety District and (b) Prior to performing electrical person who installed the lock and tag is aware of the removal before that person Subdistrict Office, or at MSHA’s Office work, except for troubleshooting and resumes work on the affected circuit or of Standards, 4015 Wilson Boulevard, testing of energized circuits and equipment. Arlington, VA., and at the Office of the equipment as provided for in paragraph (d) of this section, a qualified person (d) Troubleshooting and testing of Federal Register, 800 North Capitol energized circuits must be performed Street, NW., Suite 700, Washington, DC. must do the following: (1) Deenergize the circuit or only— In addition, copies of the document can equipment with a circuit-interrupting (1) On low- and medium-voltage be purchased from the American device. circuits; Society for Testing and Materials, 100 (2) Open the circuit disconnecting (2) When the purpose of Barr Harbor Drive, West Conshohocken, device. On high-voltage circuits, ground troubleshooting and testing is to Pennsylvania 19428–2959. This the power conductors until work on the determine voltages and currents; and incorporation by reference was circuit is completed. (3) By persons qualified to perform approved by the Director of the Federal (3) Lock out the disconnecting device electrical work and who wear protective Register in accordance with 5 U.S.C. with a padlock. When more than one gloves on circuits that exceed 40 volts 552(a) and 1 CFR part 51. qualified person is performing work, in accordance with the following table:
Circuit voltage Type of glove required
Greater than 120 volts (nominal) (not intrinsically safe) ...... Rubber insulating gloves with leather protectors. 40 volts to 120 volts (nominal) (both intrinsically safe and non-intrinsically safe) ... Either rubber insulating gloves with leather protectors or dry work gloves. Greater than 120 volts (nominal) (intrinsically safe) ...... Either rubber insulating gloves with leather protectors or dry work gloves.
(4) Rubber insulating gloves must be § 75.821 Testing, examination and service immediately or repaired rated at least for the nominal voltage of maintenance. immediately. the circuit when the voltage of the (a) At least once every 7 days, a (d) At the completion of examinations circuit exceeds 120 volts nominal and is person qualified in accordance with and tests required by this section, the not intrinsically safe. § 75.153 to perform electrical work on person who makes the examinations all circuits and equipment must test and (e) Before troubleshooting and testing and tests must certify by signature and examine each unit of high-voltage a low- or medium-voltage circuit date that they have been conducted. A longwall equipment and circuits to contained in a compartment with a record must be made of any unsafe determine that electrical protection, high-voltage circuit, the high-voltage condition found and any corrective equipment grounding, permissibility, circuit must be deenergized, action taken. Certifications and records cable insulation, and control devices are disconnected, grounded, locked out and must be kept for at least one year and being properly maintained to prevent must be made available for inspection tagged in accordance with paragraph (b) fire, electrical shock, ignition, or of this section. by authorized representatives of the operational hazards from existing on the Secretary and representatives of miners. (f) Prior to the installation or removal equipment. Tests must include of conveyor belt structure, high-voltage activating the ground-fault test circuit as § 75.822 Underground high-voltage cables extending from the section power required by § 75.814(c). longwall cables. center to longwall equipment and (b) Each ground-wire monitor and In addition to the high-voltage cable located in the belt entries must be: associated circuits must be examined design specifications in § 75.804 of this (1) Deenergized; or and tested at least once each 30 days to part, high-voltage cables for use on verify proper operation and that it will longwalls may be a type SHD cable with (2) Guarded in accordance with cause the corresponding circuit- a center ground-check conductor no § 75.816 of this part, at the location interrupting device to open. smaller than a No. 16 AWG stranded where the belt structure is being (c) When examinations or tests of conductor. The cables must be MSHA installed or removed; or equipment reveal a fire, electrical shock, accepted as flame-resistant under part (3) Located at least 6.5 feet above the ignition, or operational hazard, the 18 or approved under subpart K of part mine floor. equipment must be removed from 7.
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§ 75.1002–1 [Removed] equipment is located within 150 feet of (2) Interconnecting conductors and 6. Remove § 75.1002–1. pillar workings or longwall faces. cables of permissible longwall equipment; 7. Revise § 75.1002 to read as follows: (b) Electric conductors and cables installed in or inby the last open (3) Conductors and cables of § 75.1002 Installation of electric equipment crosscut or within 150 feet of pillar intrinsically safe circuits; and and conductors; permissibility. workings or longwall faces must be— (4) Cables and conductors supplying (a) Electric equipment must be (1) Shielded high-voltage cables power to low- and medium-voltage permissible and maintained in a supplying power to permissible permissible equipment. permissible condition when such longwall equipment; BILLING CODE 4510–43–P
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[FR Doc. 02–4863 Filed 3–8–02; 8:45 am] BILLING CODE 4510–43–C
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Part II
Department of Labor Mine Safety and Health Administration
30 CFR Parts 18 and 75 Electric Motor-Driven Mine Equipment and Accessories and High-Voltage Longwall Equipment Standards for Underground Coal Mines; Final Rule
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DEPARTMENT OF LABOR underground coal mines and allowed the industry’s need for higher voltages the use of high-voltage longwall and the marked improvement in the Mine Safety and Health Administration equipment. However, it did not design and manufacturing technology of specifically focus on the safety issues high-voltage components, MSHA 30 CFR Parts 18 and 75 related to the use of high-voltage developed rules that establish RIN 1219–AA75 longwall equipment. The Agency requirements for safe high-voltage published a new proposed rule (57 FR electric equipment use. This rule Electric Motor-Driven Mine Equipment 39036) on August 27, 1992, related provides improved design requirements and Accessories and High-Voltage specifically to the safe use of high- for longwall equipment, consistent with Longwall Equipment Standards for voltage longwall equipment in existing requirements in 30 CFR part 18, Underground Coal Mines underground coal mines. These rules and contains provisions that also specifically addressed approval accommodate new design technology, AGENCY: Mine Safety and Health requirements for high-voltage electrical are practical, and lessen burdens on the Administration (MSHA), Labor. equipment operated in longwall face mining community, while preserving ACTION: Final rule. areas of underground coal mines. The safety and health protections for miners. comment period on the proposed rule The safety criteria supporting the rule SUMMARY: This final rule establishes was scheduled to close on October 23, are based on research conducted over MSHA’s new mandatory electrical 1992, but was extended to November 13, the past 18 years by the former U.S. safety standards for the installation, use, 1992 (57 FR 48350). On October 18, Bureau of Mines (USBM) and MSHA. and maintenance of high-voltage 1995, (60 FR 53891), MSHA reopened USBM functions are now a part of the longwall mining systems used in the rulemaking record for additional National Institute of Occupational underground coal mines. The final rule comments to the proposed rule to Safety and Health. This research also includes design approval provide all interested parties an included the following: (1) Foster-Miller requirements for high-voltage opportunity to submit additional research, under USBM contract No. equipment operated in longwall face comments. The comment period was H0308093, which developed a areas of underground mines. These scheduled to close on November 14, recommended high-voltage permissible provisions allow the use of high-voltage 1995, but was extended to December 18, loadcenter criteria; (2) MSHA research, longwall face equipment with enhanced 1995 (60 FR 57203). The Agency under USBM contract No. J0333909, safety protection from fire, explosion, received no requests for a public hearing which resulted in modified criteria to and shock hazards. In addition to on the proposed rule. The record was address high-voltage permissible providing a safer mining environment reopened December 28, 1999, for switchgear enclosures and the and facilitating the use of advanced comments on the updated Preliminary development of test facilities for equipment designs, the final rule Regulatory Impact Analysis (PRIA). The acceptance of high-voltage permissible reduces paperwork requirements by record closed February 28, 2000. Only loadcenters and switchgear enclosures; eliminating the need for petitions for one comment was received. The (3) Follow-up MSHA inspections on modification (variances). commenter agreed with our economic high-voltage machines and longwall analysis of the cost impact of the DATES: This regulation is effective May mining systems operating under proposed rule. 10, 2002. The incorporation by reference experimental permits to confirm design These revised standards allow the use of certain publications listed in the rule requirements and operational safety; (4) is approved by the Director of the of high-voltage longwall mining systems. Longwall mining methods have MSHA internal research and review of Federal Register May 10, 2002. engineering reports for further analysis FOR FURTHER INFORMATION CONTACT: undergone numerous advances in technology during the past 25 years. of hazards relating to explosion-proof Marvin W. Nichols, Jr., Director, Office enclosures which contain high-voltage of Standards, Regulations and These technological advances have led to improved and safer systems. The switching; and, (5) Input from various Variances, MSHA, 4015 Wilson additional requirements under 30 CFR technical experts throughout the mining Boulevard, Arlington, Virginia 22203– part 18 provide enhanced safety community. These criteria are 1984. Mr. Nichols can be reached at protections that are consistent with technically sound and have the general [email protected] (Internet advances in mine technology that consensus of the mining community, e-mail), 703—235–1910 (voice), or 703– allows high-voltage switchgear to be including equipment manufacturers and 235–5551 (fax). You may obtain copies used on face equipment. Title 30 CFR other interested parties. of the final rule in alternative formats by parts 18 and 75 of this final rule The first high-voltage longwall system calling this number. The alternative implements a number of changes to started operating in 1985. Since that formats available are either a large print approval and safety requirements for time we have issued approximately 130 version of the final rule or the final rule high-voltage equipment to accommodate system design approvals for high- in an electronic file on computer disk. the advances in technology in a manner voltage longwall equipment. Over the The final rule also is available on the that protects the safety of miners. last 16 years, no electrical-type fatalities Internet at http://www.msha.gov/ or serious injuries occurred to miners REGSINFO.HTM. A. Part 18 Electric Motor-Driven Mine because of high-voltage equipment used Equipment and Accessories SUPPLEMENTARY INFORMATION: in accordance with over 100 granted Electrical equipment horsepower in high-voltage petitions for modification I. Background mines has increased over the years. The (petitions). Because of this new On December 4, 1989, the Mine Safety voltages required to operate this improved high-voltage technology, the and Health Administration (MSHA) equipment have also increased to designed safety benefits and the published a proposed rule (54 FR accommodate the design of practical observed use experience, MSHA is 50062) to revise its electrical safety and efficient equipment. The design of revising its existing 30 CFR part 18 standards for underground coal mines. safe, efficient, and practical high-voltage electric motor-driven mine equipment That proposed rule addressed all of the electric equipment has improved and accessories approval requirements Agency’s electrical standards for dramatically in recent years. Because of by adding specific design requirements
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for high-voltage longwall equipment in concerns about explosion, fire and include provisions addressing non- underground mines. shock hazards initially associated with electrical safety and health areas. MSHA received comments from all high-voltage use are sufficiently Specifically, they noted that high- segments of the mining industry, and addressed by this newly-developed voltage longwall systems of extended the final rule addresses these comments. technology. In each of the petition cases widths and lengths can adversely affect Many commenters were in favor of the the Agency granted, MSHA performed a not only ventilation, but shearer new approval requirements and were in specific on-site investigation to verify mounted methane monitors, intake agreement on the majority of the this finding. For example, we escapeways, exposure to respirable dust, provisions in the proposed rule. MSHA recognized that high-voltage electric tailgate travelways, and storage plans for carefully reviewed all of the comments. equipment and circuit design self-contained self-rescuers (SCSR’s), as This resulted in the modification of four improvements in combination with well as return entry rockdusting during of the sixteen technical requirements sensitive electrical circuit protections mining. addressed in the proposed rule. We reduce fire, explosion and shock It is the Agency’s view that non- considered the views of all interested hazards. Newly designed cable handling electrical safety and health issues parties, including: mine operators; systems provide additional safety related to the use of high-voltage equipment manufacturers; miners’ protections against electrical shock, fire longwalls are fully addressed by representatives; and other government and explosion hazards when the cable is existing safety and health standards agencies in developing this final rule. moved. Further, lighter power cables are under 30 CFR parts 70 and 75. This MSHA is publishing this high-voltage available which reduce back strain and view has been upheld by administrative longwall approval rule (30 CFR part 18) other injury risks to miners from the law judge, Assistant Secretary and Court along with mandatory safety standards heavier cable lifting and hauling often of Appeals decisions. UMWA v. Federal regarding high-voltage longwall associated with the moving or lifting of Mine Safety and Health Administration, equipment (30 CFR part 75). This new low- to medium-voltage cables. 931 F. 2d 908,913 (D.C. Cir. 1991). The 30 CFR part 18 rule provides additional Moreover, there have been no electrical promulgated standards relating to high-voltage equipment specifications fatalities and no serious electrical ventilation and escapeways under 30 that must be followed by the injuries to miners from high-voltage CFR 75.300 et seq. (61 FR 9764, March manufacturer in order to obtain MSHA equipment used under the granted 11, 1996) provide protection with approval of the equipment. The new 30 modifications. respect to ventilation and escapeways. CFR part 75 rule provides installation, Because of the new improved high- Mandatory health standards under part use, and maintenance requirements for voltage technology, with its attendant 70 address exposures to respirable dust. high-voltage longwalls in underground safety benefits, MSHA is revising its Section 75.215—Longwall mining coal mines. existing 30 CFR part 75 electrical safety systems—addresses longwall tailgate standards. This final rule does not B. Part 75 High-Voltage Longwall travelway protection. Storage plans for reduce the protection afforded by Equipment Safety Standards SCSRs may be approved by MSHA existing 30 CFR part 75 standards. It District Managers in accordance with This part of the final rule provides does, however, provide increased the specific conditions at each mine safety requirements for underground protection from electrical hazards, and under § 75.1714–2—Self-rescue devices; high-voltage longwall systems. reduces paperwork burden. It also use and location requirements. Existing Currently, longwall mining is permitted reduces the time and cost to all parties under MSHA’s existing standards only associated with the petition for § 75.400—Accumulation of combustible if it uses low- or medium-voltage modification process. This final rule is materials—provides protection against electrical power. High-voltage longwall implemented in conjunction with float coal dust and § 75.402—Rock systems are being used, but only when revisions to 30 CFR part 18, that address dusting—requires adequate rockdusting approved by MSHA through the petition approval requirements for high-voltage measures. MSHA continues to work on for modification process under § 101(c) equipment. The additional requirements improved respirable dust protection of the Federal Mine Safety and Health under 30 CFR part 18 are also consistent requirements in response to Act of 1977 (Mine Act). During the last with advances in mine technology, recommendations made by the Secretary 15 years, MSHA has evaluated the safe allowing high-voltage switchgear to be of Labor’s Advisory Committee on the use of high-voltage longwall equipment, used on face equipment with enhanced Elimination of Pneumoconiosis Among under a petition process that permits a safety protection from fire, explosion Coal Mine Workers. mine operator to request that the and shock hazards. MSHA is aware that several granted application of a safety standard be MSHA received comments from all modifications for high-voltage longwalls modified at a particular mine. MSHA segments of the mining community. contain non-electrical requirements grants a petition when it determines that Comments from labor, industry and specific to the affected mine. These a mine operator has an alternative manufacturers generally agree with the requirements are the result of settlement method which provides the same proposed rule. The final rule, to the negotiations arising out of the petition measure of safety protection as the extent feasible and appropriate, process and are not required as part of existing standard, or when the existing responds to commenters’ concerns and this electrical standard. Parties to the standard would result in diminished reflects general consensus of various current petition process may, through a safety protection to miners. Over the parties. However, MSHA did not adopt voluntary, cooperative effort, continue past 15 years, MSHA has granted over all comments received. to follow the non-electrical provisions 100 petitions for modification to use Joint commenters representing both after this final rule becomes effective. high-voltage electrical power with industry and labor recommended that Moreover, as indicated above, existing longwalls. In the Agency’s evaluation of operators mining under granted high- and new standards substantially address the use of high-voltage longwall mining voltage petitions containing non- these concerns and result in no systems, MSHA concluded that they can electrical provisions continue to comply diminution of safety and health be safely used, provided that certain with such provisions. Labor protection currently afforded to miners. conditions are met. Specifically, the commenters requested that standards Moreover, the Agency continually Agency found that the previous safety addressing high-voltage longwalls also reviews existing standards for
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improvements that will enhance miner nonconductive insulating board. These case. The shearer is not required under safety. requirements protect against shock § 18.53(f) to have a disconnect switch. Some commenters suggested that the hazards which may arise from Therefore, in an effort to address this final rule allow a longer phase-in inadvertent contact with energized high- issue, the final rule has been modified period, where equipment modifications voltage circuits. With the exception of a exempting the requirements of are necessary. The Agency does not controller on a shearer, compliance with paragraph (a) when applied to a shearer. believe that a delayed effective date is this section requires the components One commenter recommended that necessary. Many operators are already within each high-voltage motor-starter the term ‘‘location’’ be deleted from the complying with these requirements enclosure be segregated into separate final rule, suggesting that there must be under the petition for modification compartments by voltage classification. a physical separation within process and the modern technology The installation of the barriers and compartments to prevent accidental necessary to implement the final rule is partitions provides separation of contact with a high-voltage circuit while readily available. components in each high-voltage motor- troubleshooting low- and medium- starter enclosure. When complete voltage circuits. Another commenter II. Discussion of Final Rule separation of voltage classifications is proposed the use of separate The following section-by-section not possible with barriers or partitions compartments having explosion-proof portion of the preamble discusses each where both medium- and high-voltage walls between one compartment and the provision affected, starting with the circuits or both low- and high-voltage next. As noted in the proposed rule, the provisions in part 18. The text of the circuits are connected to a component intent of this provision is to minimize final rule is included at the end of the or device, that component is required to shock hazards by preventing exposure document. be located in the motor contactor or of personnel to high-voltage Part 18 Electric Motor-Driven Mine disconnect device compartment. components when troubleshooting and This rule covers both explosion-proof testing low- and medium-voltage Equipment and Accessories and nonexplosion-proof motor-starter circuits in accordance with § 75.820. This final rule addresses only those enclosures that are presently used by MSHA believes that this can be areas where specific additions to 30 CFR the mining industry. MSHA’s policy has accomplished by various types of part 18 are necessary for the approval of been to require barriers and partitions to partitions or barriers, including high-voltage longwalls. The existing separate the disconnect device designing the enclosure into several requirements of 30 CFR part 18 that compartment, control/communications separate explosion-proof compartments. apply to this equipment have not been compartment and motor contactor When designing the partitions or revised. Examples of these types of compartment in both power centers and barriers, however, consideration should requirements are the general motor-starter enclosures. If a motor- be given to possible effects of pressure- construction requirements of the high- starter enclosure is part of a power piling within the enclosure. The use of voltage enclosures and the short-circuit center, then the partitions and barriers the word ‘‘location’’, in the proposed and overload protection to be provided. required by this rule only apply to rule allowed the option of having The overload and short-circuit barriers and partitions for the separate enclosures to house the various protective device settings were not disconnect device compartment, compartments, as noted by the revised and will continue to be control/communications compartment, commenter. In response to these evaluated under existing requirements and motor-starter compartment of the comments, the final rule removes the and Agency policy. power center. This rule does not apply word ‘‘location’’ to provide for The main safety protections addressed to other parts of the power center or to flexibility, but clarifies that the in the final rule are summarized into separate power centers that supply requirement applies to each motor- four areas: (1) Prevention of a high- power to motor-starter enclosures. The starter enclosure. voltage arc from occurring; (2) mining industry presently provides Comments were also received Prevention of the resulting heat or flame barriers for power centers to separate suggesting that we change the word from igniting a methane-air mixture high-voltage components from low- and ‘‘board’’ to ‘‘material’’ in regard to surrounding the machine if an arc or medium-voltage circuits and equipment. construction of barriers and partitions. methane explosion occurs; (3) MSHA encourages the industry to Since the word ‘‘board’’ suggests a more Prevention of enclosure failure from an continue to provide barriers and sturdy barrier than ‘‘material,’’ the final increased pressure rise if an arc or partitions in power centers to minimize rule remains as proposed. methane explosion occurs within the shock hazards by limiting exposure of Paragraph (b) of the final rule, like the explosion-proof enclosure; and, (4) personnel to high-voltage components proposed rule, requires motor-starter Personal protection for miners from when troubleshooting and testing low- enclosure compartment(s) containing electrical shock hazards when working and medium-voltage circuits. If barriers high-voltage components be provided in or around the high-voltage and partitions are not provided on with cover interlock switches. These equipment. power centers, the power center must be interlock switches will protect miners deenergized from an outby set of high- entering enclosures from shock hazards Section 18.53 High Voltage Longwall voltage visible disconnects and the resulting from accidental contact with Mining Systems (Nameplate Ratings high-voltage circuit grounded before energized circuits. A minimum of two From 1,001 Volts Through 4,160 Volts) troubleshooting and testing is performed interlock switches per cover is required Paragraph (a) of this final rule on low- or medium-voltage circuits or and must be wired into the circuitry so requires the separation of compartments equipment in the same compartment that operation of either switch will containing low- and medium-voltage with high-voltage circuits or equipment. deenergize the incoming high-voltage circuits from those with high-voltage Commenters suggested that, because circuits. The Agency believes that a circuits in each motor-starter enclosure of overall machine design second switch coupled with required by location, partitions or barriers. considerations, an exception be maintenance under 30 CFR 75.512 will Partitions and barriers, under this final provided for the controller on a shearer. provide the necessary protection to rule, like the proposed rule, are required In response to this comment, MSHA ensure that the high-voltage circuits are to be constructed of grounded metal or acknowledges that a shearer is a special deenergized whenever a cover is
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removed. MSHA recommends either a windings. Compliance with this dangerous practice to test ground-fault magnetic or a whisker-type switch. provision protects against shock hazards protection by making direct connections MSHA’s follow-up inspections of high- should a fault develop between the between phase and ground, and stated voltage equipment with plunger- primary and secondary windings. that MSHA should establish a policy on operated switches reveal that these Faraday shielding provides electrical this so that the matter is resolved. switches may stick and not operate isolation between the high-voltage In response to these comments, unlike effectively after exposure to the mine primary and low-voltage secondary the proposed rule, the final rule environment. windings of these transformers. As a includes a requirement that each This rule covers both explosion-proof secondary benefit, Faraday shielding of ground-fault test circuit be designed to and nonexplosion-proof high-voltage control transformers assures that inject a primary current of 50 percent or motor-starter enclosures. MSHA’s high- transients occurring on the primary less of the maximum ground-fault voltage longwall petitions require circuit are not transferred to the current through the current transformer interlock switches for high-voltage secondary circuit. Such transients could to cause the corresponding circuit- compartments in both power centers cause premature damage to electrical interrupting device to open. This and motor-starter enclosures. When a control equipment and create an requirement is necessary to reduce the motor-starter enclosure is part of a economic burden for the mining likelihood of a hazardous condition power center, the interlock switches industry. resulting from a phase-to-ground fault. required by this rule only apply to This rule requires Faraday shielding A similar requirement is added to the motor-starter compartments of the for control transformers located in both final rule under 30 CFR 75.814(c). power center. This rule does not apply explosion-proof and nonexplosion-proof Paragraph (f) of the final rule requires to other parts of the power center or to motor-starter enclosures that are each longwall motor-starter enclosure, separate power centers that supply presently used by the mining industry. with the exception of a controller on a power to motor-starter enclosures. The Also, this rule requires Faraday shearer, to be equipped with a mining industry presently provides shielding for control transformers that disconnect device. Opening of the interlock switches for high-voltage supply motor-starter compartments, device deenergizes all high-voltage compartments on power centers. MSHA even if the control transformer is located power conductors extending from the encourages the industry to continue to in a separate power center. This rule enclosure, except the conductors provide interlocks switches for high- does not cover control transformers for supplying power to the enclosure. voltage compartments of power centers. power centers that do not supply power Compliance with this paragraph There were no comments on this to the motor-starter enclosure. provides for convenient and safe paragraph. However, the last sentence of Paragraph (d) also requires the deenergization of high-voltage circuits the proposed rule was deleted to clarify secondary nominal voltage of the and other components during testing the Agency’s intent that at least two control transformer be no more than 120 and troubleshooting work, thus switches be used to satisfy 30 CFR part volts, line-to-line. This is consistent 18.53 (b) requirements. with the existing policy interpretation of minimizing shock hazards. Paragraph (c) of the final rule, like the 30 CFR part 18 control voltage A joint industry commenter suggested proposed rule, requires that circuit- limitations under § 18.47. There were no that the word ‘‘incoming’’ be inserted interrupting devices installed in motor- comments on this paragraph and before the phrase ‘‘disconnect device’’. starter enclosures be designed and therefore, the wording remains the same MSHA believes this is implied, since installed to prevent automatic reclosure. as the proposed rule. the device must deenergize all high- Compliance with this provision protects Paragraph (e) of the final rule, like the voltage power conductors extending miners working on the circuit or in proposed rule, requires test circuits to from the enclosure. Therefore, the other hazardous situations from verify the integrity and proper operation language of final rule remains as unanticipated reenergization of the of the ground-wire monitors and proposed. circuit. For example, faults occur in ground-fault protective devices. Test Paragraph (f)(1) of the final rule, like underground electrical systems as a circuits for ground-wire monitors and the proposed rule, specifies that a single result of roof fall damage or equipment ground-fault circuits assure that the handle provide for simultaneous insulation failure. Under such circuits can be tested frequently in a operation through a mechanical circumstances, the use of automatic manner that minimizes the hazards to connection of multiple switches located reclosing circuit-interrupting devices personnel conducting the tests. within an enclosure. The simultaneous would create shock and fire hazards Incorporating these test circuits into the operation of multiple disconnect should the devices reclose automatically longwall circuitry eliminates the need to devices by the use of a single handle when a short-circuit or ground-fault test these protective devices by other ensures that all high-voltage conductors condition exists in the circuit. There means that could result in a shock extending from the enclosure are were no comments on this paragraph. hazard by placing personnel in close deenergized when the disconnect device Therefore, the language in the final rule proximity to exposed energized is in the open position. This has not been changed from the proposed conductors. arrangement ensures that personnel rule. Some commenters noted that the entering other enclosures are protected Paragraph (d) of the final rule, like the testing of backup ground-fault devices from a shock hazard resulting from proposed rule, specifies that control located across the grounding resistor accidental contact with energized transformers installed in each longwall would require the application of an circuits in the event the wrong circuit is motor-starter enclosure or control actual phase-to-ground fault, which disconnected. transformers that supply control power could be hazardous. These commenters The words ‘‘isolator switch’’ and to each longwall motor-starter suggested that the ground-fault test ‘‘switches’’ were removed in the final enclosure, must have electrostatic circuit inject a primary current into the rule to minimize confusion. There were (Faraday) shielding, grounded by at transformer and not subject the no comments on this paragraph and the least a No. 12 American Wire Gauge equipment to an actual phase-to-ground language in the proposed rule remains (AWG) grounding conductor, installed fault. In addition, another commenter unchanged except for the above between the primary and secondary supported the opinion that it is a clarifications.
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Paragraph (f)(2) of the final rule, like and motor-starter enclosures. If a motor- requirement that neither the main the proposed rule, further defines the starter enclosure is part of a power circuit-interrupting device nor the requirements of a disconnect device. center, then this rule covers the power disconnect device can be closed without The switch must be rated for the center. This rule does not apply to deenergizing the incoming high-voltage maximum phase-to-phase circuit voltage separate power centers that supply circuit unless the auxiliary test switch is of the system. The ability to verify, by power to motor-starter enclosures. The in the normal operating position, has visual observation, that the switch’s mining industry presently provides this been replaced with a requirement which contacts are opened is also required. interlocking of the disconnect device for more clearly states the expected This verification must be determined power centers. MSHA encourages the performance of the control interlock without the removal of any enclosure industry to continue to interlock circuit. The final rule requires high- cover. The removal of an enclosure disconnects with the control circuits to voltage control circuits to be interlocked cover to verify opening of the contacts facilitate troubleshooting and testing so they can be energized only when the presents an increased shock hazard to high-voltage circuits and equipment disconnect switch is either in the miners because of exposed energized while the high-voltage circuits are ‘‘closed’’ or the ‘‘open and grounded’’ high-voltage components. disconnected. This maintains the positions. High-voltage control circuits Also included under this paragraph existing level of protection because the may not be operated in any other are the requirements that all load-side interlock disconnects provide an intermediate positions of the disconnect power conductors be grounded and the additional safeguard against inadvertent switch or auxiliary switch. This device be provided with a means to be exposure to energized high-voltage requirement will prevent unintentional locked when the device is in the ‘‘open’’ circuits. energization of high-voltage position. These requirements guard One commenter noted that the components. The control circuit can be against the hazard of maintenance proposed rule calls for deenergizing the energized only when the disconnect personnel being exposed to high-voltage incoming high-voltage circuit if the switch is ‘‘open and grounded’’ with the energized parts due to residual voltage normal/test auxiliary switch is not in auxiliary switch in the ‘‘test’’ position, or inadvertent energization of the the normal position while closing the or when it is closed with the auxiliary circuit. main circuit-interrupting device and the switch in the ‘‘normal’’ position. MSHA The final requirements of this disconnect device (isolator switch). This has not included language in this paragraph address the interrupting commenter stated that this requirement paragraph to specifically exclude the capability of the disconnect device. A would necessitate a retrofit in existing controller on a shearer from these disconnect device installed in an longwall controllers since the normal/ interlock requirements, as suggested by explosion-proof enclosure must be test switch must be in the normal some commenters. Shearers are not designed and installed to cause the position when the disconnect switch is required to be equipped with a current to be interrupted automatically closed in order for the control circuit to disconnect device as stated in § 18.53(f) prior to the opening of the device. This function at all. This would prohibit the of this final rule and MSHA does not requirement addresses the concern closing of the circuit-interrupting device intend that this provision be applicable about an explosion-proof enclosure and would disable the control circuitry. to shearers. Therefore, except for the failure because of an increased pressure With the disconnect device in the open/ above stated clarifications, the final rule rise. This pressure rise can result when grounded position, the test circuitry remains as proposed. an arc or methane explosion occurs cannot be used unless the normal/test Paragraph (h) of the final rule requires within the explosion-proof enclosure. switch is in the test position. The that the electrical protection be set at an When the enclosure is not explosion- commenter further indicated that, in appropriate value to provide protection proof, as in outby switching, the device either case, the incoming high voltage for the size and length of the longwall is required to either be installed in the does not present a hazard. motor and shearer cable used, based on circuit so that the circuit is Other commenters recommended that an ‘‘available fault current’’ study that automatically interrupted prior to the the control circuits within each high- must be submitted to MSHA. Proper opening of the device or the device is voltage motor-starter enclosure be electrical protection is essential in required to be capable of interrupting interlocked with the disconnect device, preventing a fire, explosion or shock the full-load current of the circuit. There except for the controller on a shearer, so hazard resulting from inadequate sizing were no comments on this paragraph that the control circuit can be powered of electrical cables. and the language in the proposed rule with an auxiliary test switch when the Appendix I of existing 30 CFR part 18 remains unchanged in the final rule. disconnect device is in the open and includes maximum trailing cable Paragraph (g) of the final rule grounded position; and the disconnect protective device settings and trailing addresses the interlocking of the device cannot be closed without de- cable length restrictions as specified in disconnect device. These interlocking energizing the incoming high-voltage Table 8 and in Table 9. These have, in requirements reduce shock hazards by circuit unless the auxiliary test switch is the past, been used as guidance in increasing the probability that the high- in the normal operating position. These evaluating cables on longwalls rated at voltage circuits will be isolated and commenters stated that, in many cases, less than 1,000 volts. Under this final deenergized prior to performing testing it is necessary to close the main circuit- rule and consistent with agency policy, and troubleshooting on the low- and interrupting device with the auxiliary the length restrictions and device medium-voltage circuits and ensure that switch in the test position. settings do not apply to high-voltage high-voltage circuits may only be MSHA has carefully reviewed and longwall motor and shearer cables. The energized at the proper time following considered these comments. The final procedures used in evaluating high- this activity. rule retains the requirement that the voltage longwalls cables and settings This rule covers both explosion-proof control circuit for high-voltage motor- include a review of the applicant’s fault- and nonexplosion-proof motor-starter starters can only be energized through current study to determine the enclosures that are presently used by an auxiliary test switch when the minimum expected short-circuit the mining industry. MSHA’s policy has disconnect switch is open and the load currents available at the farthest been to interlock disconnects with the power conductors of the high-voltage projected installation in the electrical control circuit in both power centers circuit are grounded. The proposed system.
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This paragraph of the final rule has achieved because the phase-to-ground tripping. This scheme is widely used in been clarified, in response to a proposed short-circuit currents, unlike the phase- mining at all voltages. Requiring all 1989 electrical rule comment, to to-phase short-circuit currents that may three phase conductors to be encircled indicate that trailing cables would also flow from faults in other cable by the CT prohibits the equipment be included in the required evaluation constructions, are limited in magnitude safety grounding conductors from to ensure adequate protection for the by the grounding circuit components. passing through or being connected in length and conductor size of all cables, Some commenters suggested that series with the CT. If the safety including longwall motor, shearer and these cables should be assembled with grounding conductor passes through or trailing cables. However, MSHA does a grounded shield around each power is connected in series with the CT, it is not intend to specify a fixed maximum conductor but that the shield should not possible for the fault currents to flow setting for short-circuit protective be specified as metallic since these through parallel paths, thereby reducing devices, as noted by the commenter. power systems restrict ground-fault the reliability of the ground fault MSHA intends to be flexible by current to reduced values and the cables protection. assessing each installation individually. are constantly flexed. They believed that Some commenters suggested that if The submitted fault study is the basis in an improved cable could be developed the full-load current of the circuit determining the settings, and for with a nonmetallic shielding material exceeds 200 amperes, the instantaneous permitting higher trailing cable circuit around each power conductor. In ground-fault protection be set at not protective device settings and cable response to this comment, MSHA more than 0.200-amperes. They stated lengths than specified by 30 CFR part believes that this technology has not that it is very difficult to produce 18. MSHA recognizes that it is practical been demonstrated or shown to provide ground-fault current transformers that to design longwall systems with higher equivalent safety in underground coal can reliably discriminate between small circuit protective device settings and mines. Although MSHA supports the ground-fault currents and larger motor longer cable lengths in order to lessen application of new technology, starting currents and that when the full- economic burdens on the mining questions such as splicing reliability load current of a circuit exceeds 200 community while preserving safety and would need to be addressed before amperes, it is reasonable to expect health protections for miners. Some incorporating these types of cables on motor starting currents in excess of commenters noted that the fault study is longwalls. If a reliable system using this 2,000 amperes. They asserted that a unique to each mine and that this type of cable were developed and small increase in the setting of the requirement should not be included in equivalent safety were demonstrated, it ground-fault protection is justified for 30 CFR part 18. They suggested that the could be addressed under existing certain high-current circuits and that the regulation is more suitable for inclusion §§ 18.20(b)—Quality of material, suggested 0.200-ampere setting would in part 75. MSHA disagrees. In order for workmanship, and design and/or still be less than 40 percent of the a longwall mining system to be safely 18.47(d)(6)—Voltage limitation through maximum ground-fault current. They designed, the designer must know the the construction and design noted that the specification of the parameters under which the longwall requirements for MSHA approval. The current transformers is very rigid and will be operated. These parameters final rule has not been modified, as stated that the regulation should allow would include available fault currents. suggested by commenters, and remains for new technology if it can provide The final rule requires that this as proposed. equal or improved protection. In Paragraph (j) of the final rule specifies relation to ground-fault protection, a information be provided to MSHA to that high-voltage motor and shearer commenter focused on MSHA’s determine whether cables are circuits be provided with instantaneous statement that zero sequence type adequately protected. Historically, ground-fault protection set at not more relaying ‘‘is not affected by CT error.’’ longwalls are custom-made systems and than 0.125-amperes. The current The commenters stated that, in their are not designed for more than one transformers (CT) used for ground-fault experience, erroneous signals are mining company. The fault study protection are required to be of the produced in the CT’s if the current should take into account worst-case single window-type and installed to levels are sufficiently high. They noted projections (i.e., longest cable lengths, encircle all three phase conductors. This that when starting currents flowing in smallest Kilo-Volt Amperes (KVA) will provide highly sensitive and the power circuit are in excess of 2000A Power Center). Enforcement personnel responsive ground-fault detection it is possible that an ‘‘error current’’ will also use this information to ensure systems, using new technology such as exceeding 100mA may be fed to the compliance with § 75.518–1—Electric solid state relays, for high-voltage relay, causing nuisance tripping. For equipment and circuits; overload and circuits supplying electric face this reason, it is their belief that the short circuit protection; minimum equipment. The protective devices are relays on the power center output cables requirements. Except as clarified above, required to operate instantaneously to the longwall controls are now set to the final rule remains as proposed. when exposed to ground faults that a higher current of 200–300mA and Paragraph (i) of the final rule requires exceed the trip setting of the ground- these cables carry the combined starting all longwall motor and shearer cables fault protective device. Therefore, currents of two or three motors. They with nominal voltages greater than 660 compliance with this standard will concluded that as a result, when the size volts to have a cable construction with greatly reduce the likelihood of fires and of individual motors gets larger, this a grounded metallic shield around each shock hazards that result from ground problem will be experienced on motor power conductor. This regulation faults on the high-voltage circuits or cables. requires the incorporation of the equipment. MSHA has reviewed these issues and grounded shield around each power The use of the single window-type determined that reliable, sensitive conductor providing additional current transformer encircling all three ground-fault protective devices are personnel protection against shock and phase conductors is the most reliable commercially available and that they electrocution hazards. This is necessary method for detection of ground faults in have been successfully used to correct because any cable faults would cause mine power systems. This type of the problems described by the phase-to-ground short-circuit currents to relaying (zero-sequence) is not affected commenters. These devices can safely flow. An extra level of protection is by CT error and gives very sensitive and reliably operate at 0.125-ampere or
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less. The use of a single window-type pressure). The final rule’s performance- included in this section. The required current transformer to encircle only the oriented language permits compliance creepage distances are determined based three phase conductors assures that through any achievable means. upon the phase-to-phase use voltage and sensitive ground-fault devices will Protective methods used in previously the CTI of the insulation to be used. detect all ground faults exceeding the issued approvals and experimental Creepage distance is based in part on setting of the device. Detection devices permits consisted of electrical devices the CTI of the electrical insulating inserted in the ground wire may not with rapid clearing times. However, the material. An appropriate method of detect all ground-fault currents and rule provides for flexibility and permits determining the CTI of the electrical could compromise the integrity of the alternative methods that may provide insulating material is described in the ground circuit. Therefore, the final rule equal protection, such as pressure American Society for Testing and has not been modified and remains as switches or special pressure release Materials Standard, ASTM D3638 proposed. devices. There were no comments on ‘‘Standard Test Method For Paragraph (k) of the final rule, like the this paragraph. The final rule remains as Comparative Tracking Index of proposed rule, requires safeguards proposed. Electrical Insulating Materials.’’ The against corona to be provided on all Paragraph (m) of the final rule, like MSHA derived creepage distances in the 4,160 volt circuits in explosion-proof the proposed rule, requires that high- table are consistent with most enclosures. Corona is a luminous voltage electrical components located in commercially available high-voltage discharge that occurs around electrical high-voltage explosion-proof enclosures components to which this provision conductors that are subject to high cannot be coplanar with a single-plane applies. There were no comments on electrical stress. One danger inherent flame-arresting path. This protective this paragraph. The final rule remains as with high-voltage equipment is that measure will further prevent the heat or proposed. excessive electrical stress can cause flame from an arc or methane explosion Paragraph (o) of the final rule premature breakdown of insulating in an explosion-proof enclosure from addresses a requirement for Minimum materials, which could result in arcing, igniting a methane-air mixture Free Distance (MFD) within an thus creating an explosion hazard in the surrounding the enclosure. This explosion-proof motor-starter enclosure. presence of corona. Corona usually requirement addresses the possibility of MSHA’s Internal Engineering Report doesn’t present a hazard until voltage of conductor material particles being Number 87021701 (available in the 8kV are reached. However, even at 4,160 expelled from the enclosure through the rulemaking record) determined that if volts, safeguards should be taken. This flame-arresting path. Particles of molten phase-to-phase arcing occurred, there would include using cables with a material are emitted from the may be adequate arc energy to heat the corona resistant insulation such as conductors whenever a short-circuit walls of the enclosure beyond the safe ethylene propylene, to avoid small nicks occurs. Expulsion of these particles working temperature. This could cause or cuts in the cable insulation and to from the enclosure can occur if their failure of the enclosure and create an minimize high-voltage transients. This source is in the same plane as the flame- explosion hazard. Distances between the provision is not intended to require arresting path and a pressure rise wall or cover of an enclosure and stress cones or similar termination coincides with the short circuit. Once uninsulated electrical conductors inside schemes. There were no comments on these particles are expelled from the the enclosure were established to this paragraph. The final rule has not explosion-proof enclosure, they can prevent wall or cover damage from been modified and remains as proposed. ignite an explosive atmosphere should phase-to-phase arcing. Paragraph (l) of the final rule, like the one be present. This possibility does not Some commenters suggested that the proposed rule, requires limiting the arise with multi-plane flame-arresting last sentence of the proposed paragraph maximum explosion pressure rise path surfaces because a deflection in the (o) be revised as follows: ‘‘If a grounded within an enclosure to 0.83 times the path would prevent ignitions by 1⁄4-inch thick steel shield is installed design pressure for any explosion-proof expelled particles. There were no between the area of potential arcing and enclosure containing high-voltage comments on this paragraph. The final the adjacent wall/cover area, the switchgear. This requirement protects rule remains as proposed. minimum free distance requirement is against explosion hazards that may arise Paragraph (n) of the final rule, like the satisfied.’’ MSHA believes that this from the effects of a sustained high- proposed rule, addresses MSHA’s comment was based on a footnote voltage arcing fault. This arcing fault concern with the decomposition of present in the part 18 approval criteria may significantly contribute to the insulating materials due to tracking. In established by MSHA for high-voltage pressure rise created in an explosion- the presence of surface contaminants, equipment containing on-board proof enclosure during an internal small levels of current can flow between switching of high-voltage circuitry. This methane-air explosion. Research conductors. As the currents flow, the criteria indicates that the specified conducted by the former U.S. Bureau of insulation may carbonize and produce MFDs may be reduced if a 1⁄4″ thick Mines and MSHA on effects of high- conducting tracks. The conducting steel shield is used between the area of voltage arcing in explosion-proof tracks may grow progressively across potential arcing and the adjacent wall/ enclosures concluded that this potential the surface eventually bridging between cover area. Since this footnote did not increased pressure rise can be safely conductors and causing complete cite a MFD or qualify the circumstances addressed through a combination of breakdown. Using insulation with an under which this shield could be used, designing the enclosure for the adequate Comparative Tracking Index MSHA did clarify this criteria exception increased pressure and providing (CTI) rating can prevent tracking, thus in the proposed rule, and the final rule electrical protective devices set to minimizing potential arcing that could remains unchanged with respect to this deenergize the incoming circuit before lead to an explosion hazard. Paragraph clarification. A commenter also stated the pressure rise becomes excessive. (n) requires that rigid insulation that a steel shield could be mounted in This provision requires that the between high-voltage terminals or conjunction with an aluminum wall or maximum explosion pressure rise must between high-voltage terminals and cover to reduce the required minimum be limited to a value that can be safely ground be designed with creepage free distance and that the thickness of contained within the explosion-proof distances in accordance with the table this steel shield would be used to enclosure (83 percent of the design labeled ‘‘Minimum Creepage Distances’’ determine the required minimum free
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distance. MSHA has determined that a warranted, under §§ 18.20(b) and/or not exhibit leakage through welds or 1⁄4″ thick steel shield, mounted to 18.47(d)(6). MSHA intentionally casting or rupture of any part that affects maintain a minimum electrical omitted the MFD value for a 1″ thick the explosion-proof integrity of the clearance, as suggested by the steel wall/cover under Column A to enclosure. Further, the enclosure, commenter, would not provide minimize confusion. MSHA calculated following removal of the pressurizing sufficient protection if a phase-to-phase this value to be 0.3″, which is less than agents, must not exhibit visible cracks arc occurred. The final rule also permits the minimum electrical clearance that in welds, permanent deformation the use of steel shields greater than 1⁄4″ must be maintained under § 18.24 for exceeding 0.040 inches per linear foot, thick to provide for flexibility and high-voltage equipment. As indicated or excessive clearances along flame- diversification in enclosure design. above, the proposed rule has been arresting paths following retightening of Some commenters noted that the modified in part, and adopted in part. fastenings, as necessary. Any of the proposed regulation classified all Paragraph (p) of the final rule, like the above conditions would constitute enclosures in one of two groups: those proposed rule, requires a static pressure unacceptable performance. with short-circuit currents less than test to be performed on each prototype There were no comments on this 10,000 amperes and those with short- design of explosion-proof enclosure paragraph. However, the final rule is circuit currents between 10,000 and housing high-voltage switchgear prior to modified to clearly state the type and 20,000 amperes. It was their view that explosion tests. The manufacturer is nature of quality assurance inspections because of the substantial increase in also required to use this test as a routine that qualify as an MSHA accepted minimum free distance between these test on every explosion-proof enclosure quality assurance procedure. groups, MSHA should permit a housing high-voltage switchgear, at the manufacturer to calculate the time of manufacture, or follow an Part 75 Mandatory Safety Standards— appropriate MFD when the short circuit MSHA accepted quality assurance Underground Coal Mines current is between 10,000 amperes and procedure covering the inspection of the The final rule revises existing 20,000 amperes. They also enclosure. These quality assurance standard § 75.1002—Location of trolley recommended that MSHA include a procedures must include a detailed wires, trolley feeder wires, high-voltage provision that would permit the check of parts against the drawings to cables and transformers, and adds minimum free distances to be revised determine: (1) That the parts and the §§ 75.813 through 75.822 to set out based on future research in this area. drawings coincide and (2) that the additional safety precautions that allow Finally, they noted that the MFD for a minimum requirements stated in 30 the use of available technology. These 1-inch thick cover under Column A was CFR part 18 have been followed with new safety precautions address the use omitted. respect to materials, dimensions, of high-voltage longwall equipment in In response to these comments, configuration and workmanship. face (production) areas. As stated MSHA has revised the Minimum Free MSHA is concerned about the earlier, MSHA previously included Distance Table by adding minimum free specified design pressure of an these safety precautions in petitions distance information for short-circuit enclosure. Presently, an enclosure that granted for § 75.1002. Based on its currents of 15,000 amperes. is designed for 150 pounds per square experience with petitions for Additionally under the final rule in inch gauge (PSIG) is tested with a modification, the agency expects the paragraph (o)(1), MSHA allows for methane explosion. Normally, these final rule to improve safety for values not presented in the table pressures do not exceed 100 pounds per underground coal mining. provided that they meet the specific square inch (PSI). Since the protective Under the final rule, the risk of injury engineering formulas on which the table method to prevent over-pressurization related to lifting and handling of cables is based. These formulas were in these enclosures would be directly should be reduced since the use of high- developed by MSHA engineers with related to the design pressure, MSHA voltage cables can reduce the weight standard engineering calculations using has developed the static pressure test and size of a cable used in longwall face data obtained from high-energy arc with its acceptable performance criteria systems. testing. This testing was performed to ensure each enclosure design would The final rule also provides the during Foster-Miller research, under be capable of withstanding its design following protection against fire, USBM Contract No. H0308093. The pressure. By requiring static pressure explosions, and/or shock hazards: MSHA research reports and data are testing on each enclosure prototype, (1) Improved short-circuit and ground part of the rulemaking record and are MSHA believes that the adequacy of fault protection; available for review. enclosure design would be verified. (2) A means to easily test the Equipment approved under these Additionally, to require either effectiveness of ground fault protection; circumstances will be limited to subsequent static pressure testing on (3) Use of manufactured cable support equipment used only with power each enclosure manufactured or an systems for cables extending from the systems that do not generate short- acceptable quality assurance program power center to the headgate; circuit currents that exceed the design guarantees the integrity of later (4) Use of insulated cable-handling parameters used for establishing manufactured units. equipment; minimum free distance. In addition, The static test procedure specifies that (5) Use of protective gloves to MSHA will consider the use of shields the enclosure be internally pressurized troubleshoot and test low- and medium- constructed with alternate materials and to a pressure no less than the design voltage circuits associated with high- the use of alternate techniques and pressure, with the pressure maintained voltage circuits; methods that preclude the possibility of for a minimum of 10 seconds. Following (6) Use of additional protection for high-energy arcs heating the walls of the pressure hold, the pressure is cables at points where cables leave explosion-proof enclosures beyond safe removed and the pressurizing agent support systems; working temperatures. If upon removed from the enclosure. (7) Use of more improved ‘‘quick evaluation, equivalent safety is Acceptable performance criteria are handle’’ disconnect devices for the demonstrated, MSHA will address these provided in this final rule. Acceptable purpose of performing work; and technological advances and the results performance is achieved if the (8) The use of barriers and interlock of additional research in this area, if enclosure, during pressurization, does switches to help guard against contact
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with energized circuits. The final rule be used without increasing voltage representatives were sent copies of these requires the use of cables containing levels which helps minimize cable over- proposed definitions as part of the metallic shielding (SHD) around each heating and reduces cable insulation complete longwall high-voltage power conductor. deterioration. Multiple parallel circuits proposed rule. There were no comments Many of these final rule safety in these systems are a logical option that opposing this approach. improvements are required conditions resulted from this high-voltage longwall The definitions are derived from for granted modifications of § 75.1002. petition experience. As noted above, consensus standards, including the However the final rule, like the industry and labor suggested multiple Institute of Electronic and Electrical proposed rule, provides two additional parallel circuit use during the Engineers, The New Standards requirements. These are gloves for rulemaking comment process. Dictionary of Electrical and Electronics troubleshooting and testing, and test Section 75.822 allows the use of high- Terms—Standard 100–1992, and the circuits for ground-fault protection. voltage longwall cables with a minimum National Electrical Code (NEC). The final rule, in response to No. 16 AWG center ground-monitor Definitions found in 30 CFR part 18 of commenters’ suggestions, also provides conductor. This provision eliminates MSHA’s regulations were also used as a two provisions not included in the the need for petitions for modification source for this final rule. In some proposed rule, §§ 75.814(e) and 75.822. of § 75.804(a). It allows the use of instances, definitions taken from these Section 75.814(e) requires a single improved high-voltage cable designs sources were changed to apply to circuit interrupting device for cables that provide increased protection electric circuits and equipment used in connected in parallel or permits parallel against fire and shock hazards. It the coal mining industry. circuits-interrupting devices to protect reduces inter-machine arcing from MSHA proposed that the term parallel cables when the parallel circuit- induced currents which can result in an ‘‘adequate interrupting capacity’’ be interrupting devices are electrically and ignition hazard. The cable designs were defined as the ability of an electrical mechanically interlocked. Section initially developed for high-voltage protective device to safely interrupt all 75.822 allows the use of No. 16 AWG longwall equipment under previously values of current which can occur at its ground-monitor conductors. These granted petitions. location in excess of its trip setting or additional provisions are a logical The cable design requirements were melting point. A commenter suggested outgrowth of the proposed rule and also requested by labor and industry that this term be defined as the ability notice and comment process, reflecting during the comment period of the of an electrical protective device, based the primary purpose of the proposed proposed rule. Since 1992, under upon its required and intended rule by allowing the use of high voltage MSHA-approved petitions, these cable application, to safely interrupt values of on longwalls in a safe and efficient designs have been safely used. current in excess of its trip setting or manner. The new provisions are in These new requirements not only melting point. MSHA agrees and has response to specific joint industry and permit multiple parallel cable use and changed the proposed definition to labor comments received about parallel the use of No. 16 AWG ground-monitor reflect this suggestion. This commenter circuit use, and industry comments conductors but also minimize industry suggested that the proposed definition about the size of ground-check paperwork requirements. With this new would cause a problem, since in motor- conductors. These additional provisions technology, the final rule results in starter enclosures of the type presently permit the use of high-voltage longwall improved safety and savings for both the used for high-voltage longwalls, short- systems that are safe, effective and mining community and MSHA. Cable circuit protection is provided by a single efficient and reflect the mining replacement and maintenance costs will circuit breaker common to all motor community’s experience with granted be reduced. Also, mine operators will circuits, whereas overload, ground fault, modifications. The ground-monitor not need to file petitions for and ground-monitor protection trips conductor size and the multiple parallel modification; therefore, costs associated individual motor contactors. According circuit provisions are not requirements with the petition process will be to this commenter, this could result in but are offered to give flexibility to mine eliminated. Legal costs are incurred by the interruption of the intended operators to use available technology all segments of the mining community protected circuits at a higher current and to minimize cost burdens where in the administrative review process value than was intended or required for feasible. associated with petitions. Agency costs that circuit, therefore, affording less Section 75.814(e) of the final rule associated with publication, processing, protection against overheating, shock requires that multiple (parallel) circuits investigation and review of high-voltage and fire hazards. The commenter further be protected by a single circuit- longwall petitions will also be suggested that in applying the revised interrupting device rather than parallel eliminated. definition, the short-circuit relay signals connected circuit-interrupting devices, The final rule increases safety the circuit breaker to interrupt the short- except when parallel devices are protections and does not reduce the circuit current, whereas the ground-fault mechanically and electrically protections currently afforded miners. relay signals the contactor to interrupt interlocked. This requirement is based the restricted ground-fault current. on MSHA electrical safety experience, Section 75.2 Definitions Under the final rule, adequate and experience in granting high-voltage The definitions in this section are key interrupting capacity is determined by longwall petitions for modification, and to proper interpretation of the electrical comparing the interrupting rating of the is consistent with requirements under standards. Upon review, the Agency device with the actual characteristics of nationally recognized consensus concluded that these definitions should the circuit to be protected. Thus, standards. Although multiple parallel also be used to describe these terms interruption of the circuit occurs at the circuits are not necessary for safe high- wherever they appear in 30 CFR part 75 current rating required or intended for voltage longwall systems, they do and proposed such an approach. This that circuit rather than all values of present certain safety and cost efficiency approach will provide clarity and current which can occur at its location. advantages to some longwall high- consistency in the use of these terms The final rule defines ‘‘approval voltage systems as demonstrated under where they appear in all underground documentation’’ to mean formal papers MSHA’s and the mining industry’s safety standards. All underground coal issued by the Mine Safety and Health petition experience. Higher currents can mine operators and miners Administration which illustrate and
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describe the complete assembly of operation of equipment. The Agency standard for shearing machines that electrical machinery or accessories that received no comments on this definition have been previously evaluated by have complied with the applicable and it has not been changed. MSHA under part 18, using non-high- approval requirements of 30 CFR part The final rule, like the proposed rule, voltage criteria. However, such an 18. The rule retains the meaning of the defines ‘‘short circuit’’ to mean an exemption would exclude shearing proposed rule but, for clarification abnormal connection of relatively low machines from the general safety purposes, replaces ‘‘formal document’’ impedance, whether made accidentally requirements contained in the final rule. with the words ‘‘formal papers’’ and the or intentionally, between two points of Safety requirements pertaining to verb ‘‘document’’ with the words different potential. There were no electrical work, such as troubleshooting ‘‘describe and illustrate’’. The proposed comments on this definition so it and testing, and installation, language was also changed to accurately remains unchanged. examination and maintenance, contain reflect that ‘‘approval documentation’’ Definitions of low voltage, medium provisions that apply to all equipment refers to those papers that illustrate and voltage, and high voltage were on the high-voltage longwall, including describe equipment meeting the inadvertently included in the proposed shearing machines. Other provisions ‘‘applicable requirements of 30 CFR part rule. No comments were received on relating to disconnect devices and cable 18.’’ This change clarifies that approval these definitions. These terms are handling and support systems are documentation must be submitted defined in existing rules and are not applicable to the equipment they under part 18. MSHA received no addressed in this final rule. address. Therefore, the Agency does not comments in regard to this definition. One commenter suggested that ‘‘cable believe that a general exemption for Like the proposed rule, the final rule handling and support system’’, a phrase shearing machines would promote defines ‘‘circuit-interrupting device’’ as used frequently in § 75.817—Cable safety. a device designed to open and close a handling and support systems, should circuit by nonautomatic means and to be defined. Section 75.817 contains the Section 75.814 Electrical Protection open the circuit automatically at a performance goals that cable handling This section of the final rule is predetermined overcurrent value and support systems must achieve, by derived in part from existing §§ 75.518– without damage to the device when minimizing the possibility of miners 1—Electric equipment and circuits; operated within its rating. The Agency coming into contact with cables and overload and short circuit protection; received no comments on this definition protecting the high-voltage cables from minimum requirements, 75.800—High- and it is unchanged from the proposed damage. The Agency does not believe voltage circuits; circuit breakers, and rule. This definition clarifies that that a definition is necessary for this 75.800–2—Approved circuit schemes circuit-interrupting devices be designed term. Specifically defining a cable and addresses electrical protection for manual closure rather than handling and support system would methods for longwall equipment automatic, to protect against safety limit operator flexibility with respect to supplied by high-voltage systems. The hazards which could result in severe cable handling and support systems that effects of ground faults, electrical arcing, bodily injury and death if unexpected may be designed in the future and heating of conductors, and short circuits automatic energization of equipment provide equal or greater safety can have adverse consequences to the were to occur. Conversely, the device protection. Cable handling and support safety of miners. Effective electrical must be capable of opening the circuit systems are understood by the plain protection for longwall equipment will automatically upon the occurrence of an meaning of the words. reduce the potential for ignitions, fires, and miner exposure to energized electrical fault. The rating of the device Section 75.813 High-Voltage equipment frames. The final rule must be at a value that would protect Longwalls; Scope the device from damage during the incorporates the latest technology and automatic deenergization of the circuit. Section 75.813 describes the scope of provides increased worker protection ‘‘Ground fault or grounded phase’’ is this final rule; it identifies new for high-voltage longwall mining defined to mean an unintentional §§ 75.814 through 75.822 as electrical equipment. connection between an electric circuit standards that apply only to the use of Paragraph (a) of the final rule and the grounding system. MSHA high-voltage longwall circuits and addresses requirements for short-circuit, received no comments on this definition equipment. The final rule, unlike the overload, ground fault, and and it remains unchanged from the proposed rule, expands the scope to undervoltage protection for high-voltage proposed rule. include new § 75.822. As explained cables extending from the section power Like the proposed rule, the final rule below, § 75.822 is included in the final center, the shearer motor cable(s), and defines ‘‘motor-starter enclosure’’ to rule in response to a comment regarding the remaining motor cables. Short- mean an enclosure containing motor the size of ground-monitor conductors circuit and overload protection prevent starting circuits and equipment. This in cables. This provision also eliminates damage to cables and motors due to term describes equipment commonly the need for petitions for modification overheating. Ground-fault protection used to house longwall motor-starting related to ground-monitor conductor minimizes the risk of shock injuries and equipment. No comments were received size. This section also clarifies that all ignition hazards to miners. Under- on this definition and it remains other existing standards in 30 CFR that voltage protective devices prevent unchanged. are applicable to the use of high-voltage automatic restarting of equipment Also like the proposed rule, the final longwall circuits and equipment following a loss of power. rule defines ‘‘nominal voltage’’ to mean continue to apply. For example, safety The final rule also requires circuit- the phase-to-phase or line-to-line root- standards, such as grounding and interrupting devices for high-voltage mean-square value assigned to a circuit ground-monitor requirements contained circuits that supply power to longwall or system to conveniently designate its in subparts H and I of part 75 that are equipment be properly rated to safely voltage class, such as 480 or 4,160 volts. currently applicable to high-voltage interrupt the current to which it may be The definition clarifies that the actual installations are also applicable to high- exposed without damage. The adequacy operating voltage of a system or circuit voltage longwall equipment. of the circuit-interrupting device assures may vary from its nominal voltage Some commenters suggested that an that the device will remain undamaged within a range that permits satisfactory exception should be made in the by overcurrents and faults in the system.
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One commenter requested calculations and not by actual in-mine advantageous for the failure to be clarification regarding whether vacuum short-circuit tests. cleared by the circuit-interrupting contactors can be used to provide To date, it has not been necessary to device in the controller, not the section ground-fault and overload protection conduct in-mine testing for the purpose power center which acts as a back-up. since some have been approved for use of making determinations of proper This commenter further stated: on longwall controllers. Vacuum settings of short-circuit protective (1) Without the presently permitted contactors are a vacuum sealed system devices. However, the method used to time delays, the fault would also as opposed to a circuit breaker, which make these determinations should not deenergize the transformer, and more interrupts the arc in air or oil. The final be restricted to calculations, since than likely, personnel would reenergize rule permits the use of vacuum unusual or unanticipated conditions, the circuitry to find the location of the contactors as long as these contactors such as high motor starting currents, fault in the system; meet the definition of a ‘‘circuit- may require in-mine testing. (2) This unnecessary closing in on a interrupting device.’’ Paragraph (a)(2) of the final rule faulted circuit is eliminated when the Some commenters submitted sketches specifies short-circuit time delay circuits are properly coordinated; and of high-voltage longwall circuits, and settings for protective devices. Short- (3) Time delays should be kept as requested an evaluation of whether the circuit devices protecting cables short as possible to provide adequate circuits would comply with the extending from section power centers to coordination. standard. It is beyond the scope of this motor-starter enclosures may Other commenters suggested that time rulemaking for MSHA to evaluate and incorporate time delays limited to the delays be eliminated and higher short- approve such submissions. Systems and settings specified in the approval circuit settings be allowed based on wiring designs can vary from mine to documentation or 0.25-second, system capacity, provided that the mine and from section to section within whichever is less. This paragraph Agency develops test scenarios to the same mine, depending on factors revises the proposed rule to allow short- determine the safe time delay settings. such as control circuit configuration, circuit devices protecting motor or These commenters stated that load terminations, and available fault shearer circuits to incorporate elimination of time delays would offer current. MSHA will evaluate these intentional time delays. The time delays protection in the event of a direct fault designs on a case-by-case basis as mine may be limited to the settings specified because there would not be resistor operators plan to implement high- in the approval documentation, or up to strips (overloads) available to open the voltage longwalls at their mines and three cycles (0.050-seconds), whichever circuit and remove the power. They during the approval process under the is less. The purpose of permitting a time stated that inspections have revealed applicable 30 CFR part 18 provisions. delay is to prevent nuisance tripping that, in some cases, resistor strips are Paragraph (a)(1) of the final rule, like during motor starting. When high- either not operable, damaged, or have the proposed rule, specifies a current voltage longwall equipment was been by-passed. setting for short-circuit protective introduced to the mining industry, After careful review of this issue, the devices. The devices, whether located in nuisance tripping problems were Agency has concluded that the use of the section power center or the longwall experienced. This nuisance tripping was time delays and subsequent lower short- motor-starter enclosure, are required to caused by motor starting currents. In circuit settings would result in be set at the lower value of either the order to solve these problems, it may be coordination (selective tripping) of setting specified in the approval necessary to incorporate time delays circuit-interrupting devices. Proper documentation pertaining to the into the short-circuit protective devices. coordination of circuit-interrupting longwall system, or 75 percent of the Currently, electronic relays that have a devices can result in improved safety minimum available phase-to-phase time delay to override motor starting since faulted circuits can be more easily short-circuit current. The short-circuit currents are commonly used to provide and safely identified and isolated for the current settings specified during short-circuit protection for high-voltage purpose of troubleshooting, testing, and MSHA’s approval process are based on longwall circuits. repair work. Commenters also suggested the calculation of fault currents at The proposed rule allowed time that time delay settings of short-circuit various key locations in the system. delays for short-circuit devices protective devices used to protect any The results of a 1992 Agency study of protecting cables extending from power cable extending from the section power fault current levels in 30 high-voltage centers to motor-starter enclosures. The center to a motor-starter enclosure not longwall systems indicate that phase-to- maximum value of the time delay was exceed the settings specified in approval phase short-circuit currents range limited to the smaller of the value documentation or 0.30-second (18- between 1,500 and 9,000 amperes at the specified in the approval documentation cycles), whichever is less. various motor locations. (A copy of this or 0.25-second (15 cycles). However, the This provision is not changed from study is available as part of the record.) proposed rule did not provide for time the proposed rule. MSHA’s experience Therefore, current (ampere) settings of delays to be incorporated into short- has been that the maximum time delay 75 percent of the minimum phase-to- circuit devices protecting motor or for reliable coordination is 0.25-second phase short-circuit currents will shearer cables. The Agency specifically (15-cycles). Further, a joint standard establish maximum limits for trip solicited comments regarding published by the American National settings of short-circuit current devices. elimination of intentional time delays Standards Institute (ANSI) and the As equipment is used and moved from and allowing higher short-circuit Institute of Electrical and Electronics one location to another in a mine, settings based on system capacity. Engineers, Inc., entitled IEEE changes take place in both the One commenter stated that time Recommended Practice for Protection equipment and electrical system that delays between the longwall controller and Coordination of Industrial and indicate a need for a change in settings and section power center should be Commercial Power Systems (IEEE Buff for short-circuit protective devices. required to permit adequate Book)—Standard 242–1986, allows Some commenters suggested that a coordination with downstream devices. 0.25-second time-delay to ensure statement be added to this provision According to the commenter, if there is reliable coordination of short-circuit indicating that the minimum available a failure in the utilization circuit, for protective devices. Therefore, an short-circuit current be determined by example, the crusher motor, it is increase to 0.30-second is not justified.
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These commenters further suggested grounded systems that limit the ground- voltage neutral grounding resistor, that short-circuit protective device fault current in a circuit to 0.50 to 1.00 which opens the ground-check circuit settings, used to protect motor and ampere. MSHA encourages this practice for the high-voltage circuit supplying shearer circuits, should be based on the to continue. The levels specified in the the section power center, if the maximum asymmetrical starting current final rule allow new technology to grounding resistor is subjected to a with no intentional time delay or be detect lower ground-fault currents and sustained ground-fault current. The based on the maximum symmetrical reduces shock hazards. During ground- overtemperature rating or setting must starting current with a time delay of no fault conditions, the grounding resistor be 50 percent of the maximum more than 0.050-second (three-cycles). will dissipate heat. The final rule limits temperature rise of the grounding These commenters pointed out that the heat dissipation by the grounding resistor or 150°C (302° F), whichever is modern electronic short-circuit resistors to a value equivalent to the less. The final rule is changed from the protective devices can be made to heat dissipated by grounding resistors proposed rule to also allow the use of operate within one cycle (0.017-second). that have been in service for numerous a current transformer, and a thermal These devices will respond while the years on medium-voltage longwall overcurrent relay to provide the motor or shearing machine starting systems. The specified values prevent required thermal protection. The final current contains an appreciable grounding resistor enclosures from rule uses the term ‘‘thermal protection’’ asymmetrical component and the overheating and becoming ignition or rather than ‘‘overtemperature asymmetrical component of the motor fire sources. There were no comments protection’’ to permit current or shearing machine starting current on this provision and therefore it transformers and thermal relays or other will be negligible near 0.050-second. remains as stated in the proposed rule. devices such as thermostats that react to They suggested that introducing a 0.050- Paragraph (a)(4)(i) of the final rule, overtemperature. This change allows second time delay will permit a like the proposed rule, requires high- new technology developed by the significant reduction in the setting of voltage circuits extending from the mining industry during the last seven the short-circuit protective devices. section power center to have ground- years. Another commenter suggested that it is fault protection set at not more than 40 A commenter questioned the need for important to recognize the difference percent of the current rating of the these devices. In response, grounding between asymmetrical motor starting neutral grounding resistor. These resistors generate heat when subjected currents that persist for two (0.033- protective devices assure that circuits to sustained ground-faults. An second) to three cycles (0.050-second) extending from the section power overtemperature device causes following contactor closure, and motor source will be quickly deenergized interruption of the high-voltage circuit starting currents that persist for several when they are subjected to ground supplying the section power center by seconds. This commenter pointed out a faults. The final rule uses the current opening the ground-wire monitor circuit need for two cycles time delay. MSHA ratings for grounding resistors, specified before extreme heat destroys the agrees that there is a difference between in paragraph (a)(3), as a basis for setting grounding resistor function. Failure of ground-fault devices. For example, if a asymmetrical motor starting currents the resistor leaves the circuit 6.50 ampere grounding resistor is used, and symmetrical motor starting currents unprotected against ground-faults and the ground-fault device must operate to which can last for several seconds. increases the possibility of fire and Therefore, the final rule permits deenergize the circuit at 2.60 amperes shock hazards. The commenter also limited time delays to be used in (40 percent) or less. If a 0.50-ampere requested a six-month delay in conjunction with lower settings of short- grounding resistor is used, the ground- implementing this provision to allow circuit protective devices rather than fault device must operate to deenergize mine operators to acquire high quality higher settings of short-circuit the circuit at 200 milliamperes or less. devices. It is MSHA’s view that since protective devices without time delays. The 40 percent trip level provides a these devices have been required to be This should result in proper safety factor to assure that unexpected coordination and subsequent selective lower levels of ground-fault current installed on high-voltage longwall tripping of circuit-interrupting devices would be detected and cause the circuit- mining systems for at least the past and prevent nuisance tripping of circuit- interrupting device to open. This value seven years under petitions granted for interrupting devices due to high motor also allows proper trip coordination § 75.1002, the devices should be readily starting currents. In response to with other protective devices. There available for use. A six month delay is comments, the Agency concludes that a were no comments on this section of the not necessary. time delay will be necessary to allow rule and the final rule adopts the Another commenter wanted the proper starting of motors. Therefore, this language used in the proposed rule. maximum temperature for the ° provision allows short-circuit devices Paragraph (a)(4)(ii) of the final rule, overtemperature device to be set at 150 protecting motor or shearer circuits to like the proposed rule, requires backup C. This setting was incorporated into the incorporate intentional time delays ground-fault protection to detect an 1992 proposed rule. Some commenters limited to the settings specified in the open grounding resistor. The ground- suggested that overtemperature approval documentation, or up to three fault protective device can be a protection should remove power from cycles (0.050-seconds), whichever is combination of a potential transformer the power center transformer if the less. and voltage relay, or another device(s) grounding resistor is subjected to a Paragraph (a)(3) of the final rule, like capable of detecting an open neutral sustained ground fault. These the proposed rule, requires ground-fault resistor. Once an open neutral resistor is commenters pointed out the following: currents to be limited by a neutral detected, the ground-fault protective (1) Many power centers are equipped grounding resistor to not more than 6.5 device must cause the circuits extending with an incoming high-voltage circuit amperes when the nominal voltage of from the power center to be breaker to provide protection for the the power circuit is 2,400 volts or less, deenergized. There were no comments transformer; or 3.75 amperes when the power circuit on this section of the rule and it remains (2) The overtemperature protection for voltage is greater than 2,400 volts. as stated in the proposed rule. the grounding resistor could cause this Typically, the mining industry has used Paragraph (a)(4)(iii) of the final rule circuit breaker to open in the event of grounding resistors in resistance- requires thermal protection for the high- a sustained fault; and
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(3) This would remove the ground they stated that a 0.200-ampere setting motors or shearers. These ground faults fault and make troubleshooting more would still be less than 40 percent of the must be removed as quickly as possible. convenient. maximum ground-fault current. Ground- Another commenter wanted to add MSHA agrees that the use of an fault devices are used to detect low wording to define the total time for incoming high-voltage circuit breaker levels of fault currents during a ground-fault protection as 0.4 second may be an acceptable device for grounded phase condition. These (24 cycles) maximum for all devices. removing power from the section power sensitive devices can be influenced by Most longwall systems now utilize two center when the overtemperature device extremely large values of motor starting ground-fault protective devices with a is activated. However, activation of the current. time delay of 0.25 second (15 cycles) grounding resistor overtemperature MSHA has evaluated these comments which provides adequate time for protection could be an indication of and determined that there are sensitive selective tripping. Thus, the final rule is serious problems in the tripping circuits ground-fault protective devices unchanged from the proposed rule. for the circuit-interrupting device(s) commercially available that have been Paragraph (a)(7) of the final rule, like located in the power center. This successfully used to respond to the the proposed rule, requires an condition warrants complete removal of conditions described by the undervoltage protection device that power from the entire power center commenters. These devices can safely operates on loss of voltage to cause and until the condition is properly and reliably operate at 0.125-amperes or maintain the interruption of power to a investigated and corrected. less even on systems having higher circuit. The rule reduces the likelihood motor-starting currents. A large number that miners will be pinned or crushed Another commenter stated that of existing high-voltage longwall due to the automatic restarting of the experience has shown that the required systems use grounding resistors that equipment. A commenter suggested protection may be best provided by limit ground-fault currents to 0.500- another means of compliance by using using a current transformer and thermal amperes. Raising the trip value of a ‘‘momentary start contactor with a seal overcurrent relay rather than a ground-fault devices protecting motor in circuit.’’ In response, the rule, thermostat. The commenter also stated and shearer cables to 0.200-amperes unchanged from the proposed rule, is that this type of protection would not be would also have the device set at 40 performance oriented and permits any dependent upon control power and percent of the current rating of the undervoltage protection provided by a would still be able to deenergize the grounding resistor. This setting would device that operates on loss of voltage. primary of the transformer. MSHA be the same value as protective devices Therefore, any voltage sensing device, agrees with this comment. The final rule used on cables extending from power including the method specified by the is changed to allow more flexibility in centers to motor-starter enclosures. commenter, that would prevent the the use of thermal protection. It permits Proper coordination of these protective automatic reclosing of the circuit the use of a current transformer and a devices with upstream devices may not protective device as specified in thermal overcurrent relay to provide be achievable if the trip setting is raised paragraph (a) will meet the required overtemperature protection. to 0.200-ampere. For this reason, the requirements of the final rule. Paragraph (a)(5) of the final rule, like provision is unchanged from the Paragraph (b) of the final rule, like the the proposed rule, requires high-voltage proposed rule. proposed rule, requires a single motor and shearer circuits to be Paragraph (a)(6) of the final rule, like window-type current transformer to provided with instantaneous ground- the proposed rule, allows time delay encircle the three-phase conductors for fault protection set at not more than settings, not to exceed 0.25 second (15 ground-fault protection. The equipment 0.125-ampere. This provides highly cycles), of ground-fault protective safety grounding conductors are sensitive and responsive ground-fault devices to provide coordination with prohibited from being passed through or detection systems, using existing the instantaneous ground-fault connected in series with ground-fault technology, for high-voltage circuits protection of motor and shearer circuits. current transformers. This configuration supplying electric face equipment. This provision limits the time lapses could defeat ground-fault protection and Protective devices are required to between actuation of the section power result in hazardous voltage on operate instantaneously, greatly center ground-fault protective devices equipment frames. A single window- reducing the likelihood of fires and and those located in the motor-starter type current transformer must be used shock hazards caused by ground faults. enclosure. Time delay settings allow to provide the ground-fault protection Some commenters suggested that the coordination and selective tripping of required by paragraph (a)(4)(i) for instantaneous ground-fault protection circuit protective devices. This circuits extending from the section be set at not more than 0.125-ampere if coordination and selective tripping also power center to the motor-starter the full-load current of the circuit does assures that the entire circuit enclosures. It also requires the same not exceed 200 amperes and set at not deenergizes quickly to reduce exposure type current transformer for ground- more than 0.200-ampere if the full-load to shock hazards. fault protection specified in paragraph current of the circuit exceeds 200 A commenter wanted a time delay of (a)(5) for: amperes. These commenters pointed out 0.1 second (6 cycles) for ground-fault (1) High-voltage motor circuits that it is very difficult to produce protection for high-voltage motors. The extending from the motor-starter ground-fault current transformers that commenter described situations where enclosures; can reliably discriminate between small nuisance tripping occurred during (2) The shearer motor circuits ground-fault currents and larger motor starting and stopping of the motor and extending from the section power starting currents. They further stated a time delay of 0.1 second would solve center; and that, when the full load current of a the problem. MSHA has evaluated this (3) Motor enclosures. circuit exceeds 200 amperes, it is comment and has determined that Some commenters suggested this reasonable to expect motor starting technology is available and currently provision should allow for alternative currents to exceed 2,000 amperes and used by industry to alleviate this components if they provide equivalent that a small increase in the setting of the condition without changing the time or improved protection. MSHA, ground-fault protection is justified for delay. Most ground faults occur between however, is unaware of any alternative certain high-current circuits. Finally, the motor-starter enclosure and the device that provides equivalent
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protection and the commenter did not Paragraph (d) of § 75.814, like the provide a safe means of disconnecting specify any equivalent devices. The use proposed rule, prohibits the use of power during the performance of of a single window-type current circuit-interrupting devices that electrical work. It includes design and transformer to encircle only the three automatically reclose. Automatic performance requirements pertaining to phase conductors assures that sensitive reclosure of the circuit-interrupting electrical ratings, lockout, grounding, ground-fault devices will be able to device allows immediate reenergization and maintenance requirements detect all ground faults exceeding the of a circuit that has sustained a fault. pertaining to compliance with part 18 of setting of the device. Detection devices Faults occur in underground electrical Title 30 CFR. This section was derived, inserted in the ground wire may not systems as a result of damage from roof in part, from existing §§ 75.511, 75.520, detect all ground-fault currents and falls or equipment insulation failure. 75.601, 75.705, and 75.808. could compromise the integrity of the Under such circumstances, the use of Paragraph (a) as in the proposed rule, ground circuit. Therefore, paragraph (b) automatic reclosing circuit-interrupting requires a disconnecting device in of this section remains as proposed. devices could create shock and fire addition to the circuit-interrupting Paragraph (c) of the final rule requires hazards when a short-circuit or ground- device (required by § 75.814) in the a ground-fault test circuit for each fault condition exists in the circuit. power center that supplies power to ground-fault current device. This test There were no comments on this longwall equipment. This disconnecting circuit must inject a current of 50 paragraph and it remains as proposed. device provides visual evidence that the percent or less of the current rating of The final rule includes an additional circuit is deenergized. Either a paragraph (e) that is partially derived disconnecting switch or cable coupler the grounding resistor to verify that a from § 75.518–1—Electric equipment would suffice to satisfy this ground-fault condition causes the and circuits; overload and short circuit requirement. Disconnecting devices in corresponding circuit-interrupting protection; minimum requirements. power centers facilitate the device to open. This testing procedure This was suggested by joint commenters deenergization process prior to helps determine if ground-fault current from industry and labor to address performance of electrical work. Figures devices function at required current concerns regarding the use of cables in I–1 and I–2 in Appendix A provide levels. It will also test the sensitivity of parallel. The commenters suggested that guidance for compliance with this each device to ground-fault currents. when two or more cables are used to requirement. The Agency did not The proposed rule required each supply power to a common connection receive any comments on this provision ground-fault current device to be point (bus), each cable be provided with and it is unchanged from the proposed provided with a test circuit that would ground-wire monitoring so that all rule. inject a current of 50 percent or less of cables are deenergized when the Paragraph (b) of the final rule, like the the current rating of the grounding grounding conductor becomes severed proposed rule, establishes maintenance resistor and cause each corresponding or open. In support of this suggestion, requirements for disconnecting devices circuit-interrupting device to open. the commenters noted that when two or in motor-starter enclosures. Section Some commenters suggested that this more cables are connected in parallel, 75.815(b) requires that disconnect requirement be limited to ground-fault shock hazards will exist if one cable has devices be maintained in accordance circuit devices required by paragraphs been disconnected and the other cable with the approval requirements of (a)(4)(i) and (a)(5) of this section. These is left energized. MSHA agrees. The paragraph (f) of § 18.53—High-voltage commenters also suggested that the Agency has been incorporating this longwall mining systems. Section ground-fault test circuit inject a primary additional requirement into petitions for 18.53(f) requires that the load-side current into the current transformer that modification of § 75.1002 during the last power conductors be grounded when does not subject the equipment to an four years. The final rule requirement the disconnecting device is open. This actual phase-to-ground fault. They that parallel power cables be installed provision guards against the occurrence pointed out that primary current with ground-wire monitor systems of electrical accidents by requiring the injection tests of the ground-fault addresses this concern. Ground-wire circuit disconnect device to ground the devices are safe and effective tests for monitoring in power cables has been an disconnected circuit before work is those devices. They further stated that inherent part of the developing high- performed on the circuit. The final rule testing of the backup ground-fault voltage longwall technology over the assures that a properly maintained safe devices located across the grounding last 16 years. In addition, under the means of deenergizing longwall circuits resistor, such as the potential final rule, parallel circuits installed after and equipment is readily available for transformer and overtemperature relay, the effective date of this rule must be use during routine operation or in the would require application of an actual protected by a single circuit-interrupting event of an emergency. Additionally, phase-to-ground fault and could be device rather than have circuit- the final rule provides for safe hazardous to both personnel and interrupting devices operating in deenergization of high-voltage circuits equipment. MSHA agrees with the parallel unless such devices are in the motor-starter enclosure, or commenters that this method of testing mechanically and electrically equipment supplied power through the is considered to be safe and effective in interlocked. This is supported by the enclosure during testing and determining whether a device trips at its fact that 30 CFR § 75.518–1 requires troubleshooting work. MSHA setting. In response to these comments, overcurrent devices to conform to the encourages mine operators to continue the final rule modifies the proposed provisions of the National Electric Code using additional disconnecting devices rule, to require each ground-fault which prohibits parallel connections of that are already installed in many current device required by paragraphs circuit-interrupting devices. existing longwall systems. (a)(4)(i) and (a)(5) to have a test circuit Paragraph (b) requires a caution label that passes a primary current of 50 Section 75.815 Disconnect Devices on the cover of each starter enclosure percent or less of the maximum ground- Section 75.815 of the final rule compartment containing the main fault current through the current includes requirements pertaining to disconnecting device. This caution label transformer and cause the disconnecting devices located in must warn miners against entering the corresponding circuit-interrupting longwall power centers and in longwall compartment before deenergizing the device to open. equipment motor controllers that incoming high-voltage circuits to the
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compartment. It warns miners that the without creating hazardous conditions. in § 75.807, cables installed six and one line side of the disconnect device may If the device is not designed for full load half feet or more above the mine floor be energized when the device is opened interruption, the device must be satisfy these requirements by location. and cautions them to deenergize installed so that a circuit-interrupting Guarding minimizes the possibility of incoming power before removing any device will deenergize the incoming miners inadvertently contacting the covers. It also helps to assure that power circuit before the disconnecting cables. Also, cable guarding must miners deenergize power to starter device opens. Use of improperly rated consist of grounded metal or enclosures before removing any of the devices could result in the destruction nonconductive flame-resistant material. covers. There were no comments of the device and injuries to miners due High-voltage cables used to supply received on this provision so the final to flash burns or flying parts. The final longwall equipment could present rule is unchanged from the proposed rule further requires that disconnecting shock and fire hazards if the cables are rule. MSHA recognizes that the mining devices installed in explosion-proof damaged or defective. industry has taken safeguards by using enclosures be maintained in accordance Paragraph (a)(1) of the final rule, like additional caution labels to warn miners with the approval requirements of the proposed rule, requires that cables of stored energy devices (capacitors). § 18.53(f)(2)(iv) of part 18. This be guarded where persons regularly We encourage the industry to continue provision specifies that disconnecting work or travel over or under the cables. the safety practice of using caution devices be designed and installed to This minimizes accidental contact with statements that warn miners to ground cause the current to be interrupted cables. There were no comments the capacitors before performing work automatically prior to the opening of the received on this provision and it is on electric circuits. contacts of the device. The Agency did unchanged from the proposed rule. Paragraph (c) of the final rule, like the not receive any comments on this Paragraph (a)(2) of the final rule, like proposed rule, requires disconnecting provision so it remains the same as the the proposed rule, requires guarding devices to have voltage and current proposed rule. where the cables leave cable handling or ratings compatible with the circuits in Some commenters suggested that a support systems to extend to electric which they are used. This requirement new paragraph (f) be added to require components. This provision prevents ensures safe operation of these devices that any additional disconnecting physical damage from stress and flexing during normal use. The Agency received devices used to deenergize a portion of that might cause shock and fire hazards. no comments on this provision. It the longwall equipment meet the The Agency did not receive any remains the same as the proposed rule. requirements of paragraphs (c), (d), and comments on this provision and it Paragraph (d)(1) of the final rule, like (e). They stated that it is often necessary remains the same as in the proposed the proposed rule, requires that to maintain power on part of the rule. disconnecting devices be designed to longwall equipment in order to safely Paragraph (b) of the final rule requires provide visual evidence that all and efficiently perform electrical work guarding of high-voltage cables to ungrounded power conductors are on another part of the equipment. For minimize the possibility of inadvertent disconnected when the device is open. example, they stated that a contact with cables and to protect high- Visual evidence means the ability to disconnecting device for the shearing voltage cables from physical damage. observe the physical separation of the machine circuit will permit electrical Guarding must be constructed of control and power conductors without work on a deenergized shearing grounded metal or nonconductive removing any covers. There were no machine while maintaining power on flame-resistant material. This standard comments received on this provision the rest of the longwall. Under the final provides minimum requirements for the and no changes were made to the rule, individual disconnecting devices, physical and electrical protective proposed rule. such as cable couplers, may be used to characteristics of the guarding. The Paragraph (d)(2) of the final rule, like isolate individual pieces of equipment proposed rule required that guarding the proposed rule, requires that for the purpose of performing prevent miners from contacting high- disconnecting devices be equipped to maintenance. The final rule requires voltage cables. ground all power conductors when the that all additional disconnecting devices One commenter suggested that the device is ‘‘open’’. This requirement satisfy the requirements of paragraphs c, provision specifically permit the use of allows the circuit to be properly d, and e. Therefore, the Agency believes either continuous guarding or grounded before any work is performed that an additional provision is not overlapping sections of guarding. on the electric circuits or equipment. It necessary. According to this commenter, also allows discharging of any existing overlapping sections of guarding voltage due to capacitance between the Section 75.816 Guarding of Cables achieve the safety goal of the provision power conductors and ground. The This rule is derived in part from and would reduce time-consuming and Agency did not receive any comments existing § 75.807—Installation of high- expensive repairs that could involve on this provision. It remains unchanged voltage transmission cables and thousands of feet of cable to repair a from the proposed rule. addresses guarding of high-voltage small section. In response to this Paragraph (d)(3) is unchanged from cables supplying longwall equipment. comment, the rule specifies the the proposed rule. It requires each Until this rule, § 75.807 related to high- locations where cables are required to device be equipped to lock the device in voltage cables in areas not in by the last be guarded. Under the rule, the guarding the open position. This ensures that the open crosscut or not within 150 feet material must cover the cables and circuit being worked on remains from the pillar workings. In addition to continuous or overlapping guarding deenergized until work is completed. the § 75.807 requirements, § 75.816 of may be used. When joining sections of There were no comments received in this final rule requires guarding of high- metal guarding, steps should be taken to response to this provision. voltage cables where persons regularly assure proper grounding. Paragraph (e) of the final rule, like the work or travel over or under the cables Other commenters suggested that this proposed rule, requires that and where the cables leave cable section require that guarding disconnecting devices, except those handling or support systems in the ‘‘minimize’’ rather than ‘‘prevent’’ the installed in explosion-proof enclosures, longwall face areas or are within 150 possibility of miners contacting the be capable of interrupting load currents feet of the pillar workings. As provided cables. They stated that it is not
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practical to design guarding that would Isolation and placement help guard Shielded-type cables, required by prevent miners from contacting the against fire and assures protection of existing regulations, provide the cables. This often occurs when miners electric cables, which could be necessary protection for miners by are attempting to guide or train cable damaged, if hydraulic lines are ruptured limiting or preventing electrical arcing into its holding trough when it is loose or conductor insulation fails. Based on and flashover within the cable. This or falls out. They suggested it is possible MSHA experience, acceptable methods protection occurs as long as the cables to design guarding that would which meet § 18.36(b) requirements will are used in conjunction with proper ‘‘minimize’’ contact or ‘‘block access’’ to be determined during the part 18 mechanical protections required under the cable. MSHA agrees with this approval process. Guarding of cables by § 75.817, and with proper maintenance commenter and modified the proposed proper isolation and placement is an of electrical protective devices required rule. In response to these comments, acceptable method to meet this under § 75.814. Therefore, paragraph (a) this revised provision, requires a requirement. of this final section remains as physical barrier consisting of guarding Other commenters suggested that the proposed. material between the cables and miners wording of the rule be changed to Paragraph (b) of the final rule requires to minimize inadvertent contact with ‘‘longwall mining equipment shall be high-voltage insulated gloves, sleeves, the cables, and requires mechanical provided with cable handling and and other insulated personal protective protection for the cables. Also, § 75.818 support systems that are constructed, equipment, to have a Class 1 (7,500 of the final rule prohibits intentional installed, and maintained to minimize maximum use volts) or higher rating contact with cables except for the the possibility of miners contacting the that has been established by a nationally purpose of training (guiding) motor and cables and to protect the high-voltage recognized consensus standard. The shearer cables with the use of proper cables from damage.’’ We agree with the protective equipment must be: (1) protective equipment. commenters as stated in the previous Examined prior to each use for signs of discussion of § 75.816. The final rule damage or defects; (2) destroyed or Section 75.817 Cable Support Systems requires that cable support systems removed from the underground area of This section of the rule addresses minimize the possibility of inadvertent the mine if found damaged or defective; handling and support systems of high- contact instead of preventing contact. and (3) electrically tested every six voltage cables suppling longwall months according to a nationally Section 75.818 Use of Insulated Cable equipment. Under the final rule, recognized consensus standard. This Handling Equipment longwall mining systems must be provision protects against electrical equipped with cable handling and This section of the final rule shock hazards by requiring personal support systems that are constructed, addresses the types of personal protective equipment to be rated for a installed, and maintained to protect protective equipment that may be used maximum use voltage and examined high-voltage cables from damage and to when it is necessary to handle high- before each use to determine if the minimize the possibility of miners voltage longwall cables, the examination equipment is safe to use. Paragraph (b) inadvertently contacting the cables. for defects or damage prior to use, and of the proposed rule required all Under the proposed rule, these systems the intervals at which high-voltage personal protective equipment to be were required to prevent miners from protective equipment must be tested. Its rated for 20,000 volts; examined before contacting high-voltage cables. High- purpose is to provide protection against each use for visible signs of damage; voltage cables used to supply longwall electric shock hazards associated with removed from the underground area of equipment can present shock and fire the handling of energized high-voltage the mine when damaged or defective; hazards if the cables become damaged longwall cables. This section is derived, and electrically tested every six months. or defective. This section of the final in part, from existing requirements in A commenter suggested that this rule provides the necessary protection §§ 75.705–6—Protective clothing; use paragraph be modified to allow gloves to cables and miners by minimizing and inspection, 75.705–8—Protective to be rated for a minimum of 5,000 volts exposure to damaged or defective equipment; testing and storage and and tested every six months as cables. This section is derived, in part, 75.812—Movement of high-voltage described in a nationally recognized from existing requirements in § 75.807 power centers and portable consensus standard. The Agency is not and addresses new systems developed transformers; permit. aware of any recognized consensus by the mining industry to mechanically Paragraph (a) of the final rule, like the standards that rate gloves, sleeves, and handle and support cables. These proposed rule, requires that personal other personal protective equipment at systems are presently used on high- protective equipment be used when 5,000 volts. The commenter also stated voltage longwall mining systems to training or guiding, by hand, a high- that damaged or defective gloves should minimize damage to the cables. voltage longwall cable into the cable be permitted to be either removed from One commenter suggested that a handling trough when the cable the underground area of the mine or provision be added to this section that inadvertently comes out. Commenters destroyed. allows the installation of guarded high- suggested that the list of protective Another commenter stated that voltage cables in cable handling and equipment be expanded to include insulated personal protective equipment support systems where hydraulic hoses facial protection and protective should be electrically tested by the and low- and medium-voltage cables are clothing, and that the protective manufacturer in accordance with ASTM also installed. In response to this equipment also be capable of providing standards and be rated for at least the comment, high-voltage longwall protection from a cable explosion. They maximum nominal voltage of the equipment and associated cables are stated that additional protection is circuit. The commenter also stated that currently required by existing needed for persons who handle high- personal protective equipment should § 18.36(b)—Cables between machine voltage longwall cables, since persons be examined before each use for visible components to be isolated from have been burned when power signs of damage or defects and be hydraulic lines. Also, existing § 75.807 conductor insulation deteriorates within electrically tested at least every six currently requires that the high-voltage the cable and the power conductors months or when there is any sign of cables be placed in a manner to prevent fault or contact each other, causing the excessive wear. This commenter stated contact with other low-voltage circuits. cable to explode. MSHA disagrees. that the visible and electrical tests
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should be conducted in accordance with The compartment separations and 75.820(f) which MSHA revised due to American Society for Testing and interlock switches must be maintained comments. The revisions address: (1) Materials (ASTM) standards. in accordance with paragraphs (a) and The fact that persons qualified under In response to the commenters’ (b) of § 18.53—High-voltage longwall § 75.153—Electrical work; qualified concerns, we agree that safety would be mining systems. The purpose of § 75.819 person must be able to perform enhanced by adopting the ASTM is to help guard against miners coming electrical work on all circuits and standard. We have revised paragraph (b) in contact with energized internal equipment; (2) The type of gloves that of the proposed rule. The final rule components of high-voltage electric must be worn by persons performing requires insulated protective equipment, equipment through proper maintenance troubleshooting and testing; and (3) The including high-voltage gloves and of safety devices that assure methods used to guard against contact sleeves, to be rated a Class 1 or higher deenergization when any cover that with a high-voltage cable during (maximum use voltage of 7,500 volts). provides access to energized high- installation and/or removal of belt Paragraph (b)(1) requires that this voltage components is removed. structure. equipment be examined before each use Compartment separation also helps Paragraph (a) of the final rule requires for visible signs of damage or defects. assure that persons are not exposed to that electrical work on all circuits and This section requires users of protective adjacent energized high-voltage equipment associated with high-voltage equipment to examine it for hazardous components or circuits after gaining longwalls be performed only by persons conditions, including excessive wear. access to compartments containing qualified, in accordance with § 75.153, For example, a method commonly used control, communication, or other low- to perform electrical work on all circuits to detect damage in insulating gloves is and medium-voltage circuits. and equipment, not just high-voltage to test the rubber gloves by rolling the This provision provides automatic circuits and equipment. This change is cuff tightly toward the palm of the glove protection for miners who may consistent with the recent Federal Mine in such a manner that air is entrapped inadvertently remove a cover exposing Safety and Health Review Commission inside the glove. Puncture detection energized high-voltage circuits should decision, Secretary of Labor v. Black may be enhanced by listening for the wrong circuit be disconnected. Mesa Pipeline, Inc. 22 FMSHRC 708, escaping air or by feeling escaping air There were no comments received on 715 (June 30, 2000). That decision against the face. this section of the proposed rule and it concluded that § 75.153 requires that a In response to commenters, the remains as proposed. ‘‘person qualified’’ be knowledgeable of Agency has revised paragraph (b) in the high-, medium-, and low-voltage Section 75.820 Electrical Work; final rule to allow defective personal circuits and equipment. Therefore, for Troubleshooting and Testing protective equipment to be destroyed or clarification purposes, the language of removed from the mine. The Agency Section 75.820 is directed at this final rule has been modified to agrees with the commenter that protecting miners while they are conform with this decision and the destroying this equipment when it performing electrical work, including plain meaning of § 75.153. This requires becomes defective is as effective as troubleshooting and testing, and the that a person qualified to work on removing it from the underground mine. removal of belt structure. This section is electrical circuits be knowledgeable of MSHA also received comments derived, in part, from existing low-, medium- and high-voltage suggesting that insulating protective §§ 75.509—Electric power circuit and circuits. The Agency currently requires equipment be tested every six months in electric equipment; deenergization, that qualification in all voltages be accordance with nationally recognized 75.511—Low-, medium-, or high-voltage obtained before a person can become standards. The Agency agrees with this distribution circuits and equipment; qualified under § 75.153. The commenter and has revised paragraph repair, and 75.705—Work on high- requirement that persons performing (b) to require that all insulated handling voltage lines; deenergizing and electrical work be qualified for all equipment for use with high-voltage grounding and addresses requirements voltages assures that persons performing longwall cables be electrically tested for performing work on all circuits and work on low- and medium-voltage every six months in accordance with a equipment associated with high-voltage circuits are qualified to identify hazards nationally recognized consensus longwalls. This section applies to all that may exist on high-voltage circuits standard contained in the ASTM F496– low-, medium-, and high-voltage in close proximity of their work. 97, ‘‘Standard Specification for In- circuits and equipment associated with Some commenters suggested that Service Care of Insulating Gloves and high-voltage longwalls. The paragraph (a) state that electrical work Sleeves.’’ The purpose of these formal requirements are similar to those in on all high-voltage circuits and any testing procedures for high-voltage cable existing §§ 75.509 and 75.511 for work enclosure containing high-voltage handling equipment is to provide on electric circuits and equipment components shall be performed only by necessary safety protections for miners generally, except with additional persons qualified under § 75.153 to and ensure that unknown equipment requirements applicable to high-voltage perform electrical work only on high- defects will be detected before they are longwall installations. These voltage circuits and equipment. These a hazard to miners. requirements include personnel commenters indicated that the proposed qualifications and safe work procedures, rule would not permit persons qualified Section 75.819 Motor-Starter including safety equipment when under § 75.153 to perform electrical Enclosures; Barriers and Interlocks troubleshooting and testing, and work only on low- and/or medium- Section 75.819 of the final rule, like methods to guard against contact with voltage circuits or equipment or perform the proposed rule, requires separation energized high-voltage cables during the any electrical work on circuits or by location, partitions, or barriers of installation and/or removal of belt equipment associated with a high- low- and medium-voltage circuits from structure(s). The final rule for § 75.820 voltage longwall. The commenters high-voltage circuits in motor-starter is identical to the proposed rule except further indicated that certain enclosures and requires cover interlock for changes to § 75.820(a), which is subsystems of the longwall are switches to be installed on the cover of revised based on a recent Federal Mine completely isolated from high-voltage any motor-starter compartment Safety and Health Review Commission circuits and equipment such as: lighting containing high-voltage components. decision and §§ 75.820(d)(3) and systems, communication systems, shield
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control systems, hydraulic pump equipment with a circuit-interrupting people and that a group lockout control systems, battery chargers, air device. There were no comments on procedure be allowed. This commenter compressors, and rock dusters. paragraph (b)(1) of the proposed rule. suggested that primary responsibility However, because many low- and This paragraph of the section remains as can be vested with an authorized medium-voltage circuits associated with proposed. employee when more than one group is high-voltage longwalls are in close Paragraph (b)(2) of the final rule working on the equipment, so that an proximity to the high-voltage circuits, requires that a qualified person open the authorized person from each group may MSHA believes it is important that disconnecting device when performing lockout the equipment. A review anyone performing electrical work on work on circuits and equipment, and if conducted by the Agency in 1999 the high-voltage longwall be high-voltage, ground the circuits. revealed that during the period 1970 to knowledgeable about low-, medium- Opening the disconnect device 1999, a total of 145 fatal accidents and high-voltage circuits. And, as noted deenergizes the circuit which, along occurred by miners contacting energized above, a person qualified under § 75.153 with grounding, protects the person circuits. Data further revealed that must be knowledgeable of all voltage working on the circuit from shock and during a five year period between 1994 circuits. electrocution hazards. A commenter and 1999, a total of nine fatal accidents Since all the circuits cannot be totally stated that in addition to grounding the were related to failure to lockout isolated, it is important that qualified circuit prior to work being performed, disconnecting devices. The review also persons working on the circuits of lower that grounding hot sticks (a collapsible revealed that deaths and injuries had voltages be aware of the hazards of high- non-conductive pole used to de-energize also occurred when equipment was voltage circuits. Another commenter electrical circuits) rated at 4,160 volts energized before all persons had inquired as to what the high-voltage should be available at each power center completed their work. Furthermore, the qualification requirements were and and a proximity tester should be used National Safety Council in Data Sheet suggested that MSHA ensure that by the qualified electrician to determine 237 Revision B, Methods of Locking Out appropriate training is defined and that the circuit is deenergized. In Electrical Switches (1971), recommends required. MSHA’s existing standard in response to this comment, § 75.815(b) of that individual, not group, type lockout § 75.511—Low-, medium-, or high- the final rule requires that the procedures be used. This publication is voltage distribution circuits and disconnecting devices be maintained in available in the rulemaking record. equipment; repair requires that only accordance with the approval Consistent with Agency experience and persons qualified in low-, medium- and requirements of paragraph (f) of § 18.53. safety recommendations, the final rule high-voltages perform high-voltage Section 18.53(f) in turn requires that the requires individual lockout rather than work, and § 75.153 sets forth the disconnecting devices ground the group lockout. MSHA is confident that procedures for their qualification. circuit when ‘‘open.’’ In addition, the this system provides the necessary Additionally, existing § 75.160— requirement in paragraph (b)(3) of safety protection because persons Training programs requires an MSHA § 75.820 places responsibility on each assigned to place and remove their own approved plan for retraining qualified qualified person to lock out the locks are more cognizant of and persons. Another commenter requested disconnecting device for the high- responsible for their own security, and that wording be added to allow anyone voltage circuit prior to performing work. more likely to take the steps necessary to perform high-voltage work under the Therefore, MSHA concludes that to assure proper deenergization. This supervision of a qualified person. Due to equipping power centers with also reduces the risk of error due to lack the hazards previously described, only grounding hot sticks, clamps, and of communication or inadvertent qualified electricians perform high- proximity testers, as suggested by the reenergization. For these reasons, the voltage work. Therefore, except for the commenter, is not necessary. Therefore, paragraph remains unchanged from the clarifications noted above, paragraph (a) paragraph (b)(2) of this section remains proposed rule. of this section remains as proposed. as proposed. Paragraph (b)(4) of the final rule, like Generally, paragraphs (b)(1) through Paragraph (b)(3) of the final rule, like the proposed rule, requires tags used on (b)(4) of § 75.820, like the proposed rule, the proposed rule, requires that deenergized circuits and equipment to require safety precautions to be taken by disconnecting devices be locked with an identify each person performing work qualified electricians prior to individual padlock by each person and the circuit or equipment on which performing electrical work. The performing work. Individual padlocks, work is being performed. There were no qualified electrician is responsible for removable only by the persons who comments on this paragraph of the assuring that the electrical circuit is installed them, place responsibility on proposed rule and it remains as properly deenergized, that the contacts the persons performing work to assure proposed. of the circuit disconnecting device are their personal safety. This should Paragraph (c) requires, like the open, and that the disconnecting device prevent accidental reenergization of proposed rule, that only the persons is locked out with a padlock and tagged. equipment or circuits before all persons who install a padlock and tag be These precautions assure that the have completed work. The danger and permitted to remove them. This affected circuit has been properly accident history of reenergization of provision also provides for an exception deenergized and disconnected so that circuits before work is completed where an operator could authorize persons performing work are not require such measures for the protection someone else to remove the lock and tag exposed to shock, electrocution, or burn of miners against electrocution or if the person who installed them is hazards. Without taking precautions, electric shock. A commenter suggested unavailable at the mine. Such such as properly locking out and tagging that the section be reworded to permit authorized person is required to be the affected circuit, qualified the oncoming worker to install his/her qualified to perform electrical work. electricians would be exposed to shock lock, and the departing worker to Additionally, the person who had and electrocution risks if someone were remove his/her lock at the change of originally installed the lock and tag to inadvertently reenergize the circuit. shifts. Another commenter suggested must be informed of the lock removal Paragraph (b)(1) of the final rule that MSHA recognize that service or before resuming work on the circuit or specifically requires that a qualified maintenance in many cases is equipment. A commenter stated that in person deenergize the circuit or performed by a new crew or group of the absence of the person who installed
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the lock, the mine operator may with equipment supplied from low- and troubleshooting of high-voltage circuits. designate a qualified electrician to medium-voltage as well as high voltage. The commenter added that wearing remove the lock after it has been These hybrid-type longwall systems rubber gloves should be required when determined that all other affected include both high-voltage and low- and working with high-voltage circuits; persons are not exposed to a hazard. medium-voltage equipment. This however, requiring that rubber gloves be Paragraph (c) of the final rule requires provision allows troubleshooting and worn when troubleshooting low- and locks to be removed by the person who testing of low- and medium-voltage medium-voltage circuits would installed them or by qualified persons circuits associated with these hybrid diminish safety. In response to these authorized by the operator, if that longwalls. Based on Agency experience comments, MSHA believes that rubber person is unavailable at the mine. with petitions for modification allowing gloves do not permit sufficient Paragraph (d) of the final rule requires such testing, troubleshooting, and dexterity, as do dry cloth gloves, for the that certain safety procedures be testing of low- and medium-voltage safe troubleshooting of low- and followed when troubleshooting and circuits can be safely performed with medium-voltage circuits. For example, testing energized circuits. This includes proper test instruments, and with use of an ohm meter has small controls which limiting troubleshooting and testing of protective gloves that are commercially are difficult to operate while wearing energized circuits only to low- and available. Therefore, paragraph (d)(1) of rubber gloves and the small metal medium-voltage systems. In addition, this section remains as proposed. probes used with the ohm meter are only qualified electricians wearing Paragraph (d)(2) of the final rule hard to pick up while wearing rubber properly insulated rubber gloves are permits troubleshooting and testing of gloves. A serious accident could result permitted to perform this work and only energized circuits only for the purpose if probes were improperly placed in an for the purpose of determining voltages of determining voltages and currents energized circuit or dropped in close and currents. This provision recognizes (amperes). Some commenters suggested proximity to voltages up to 995 volts. In that, in some instances, it is necessary that paragraph (d)(2) be changed to contrast, dry work gloves allow for for circuits or equipment to remain allow troubleshooting and testing to manual dexterity while providing energized for troubleshooting and determine waveform or other electrical adequate protection. The commenter testing. For example, in order to diagnostic testing as well as voltages specified that his company has safely understand the nature of problems and currents. The final rule, as written, used dry work gloves when within a circuit, it may be necessary to is responsive to the commenter’s troubleshooting low- and medium- take voltage or current readings while suggestion because evaluation of voltage circuits for 15 years. The the circuit is energized. waveform or diagnostic testing is commenter further stated that proposed Paragraph (d)(1) of the final rule, like normally considered to be a method of § 75.820(d) would conflict with existing the proposed rule, limits measuring voltage and current. § 75.509—Electric power circuit and troubleshooting and testing of energized Paragraph (d)(2) of this section remains electric equipment; deenergization in circuits only to low- and medium- as proposed. two respects. The first is that § 75.509 voltage systems. Since troubleshooting Paragraph (d)(3) of the final rule permits troubleshooting of high-voltage and testing energized circuits is known requires that troubleshooting and testing circuits, as well as low- and medium- to be inherently hazardous work, the of energized circuits be performed by voltage circuits. In contrast, proposed particular skills and training of a persons qualified under § 75.153 who § 75.820(d)(1) would permit qualified electrician are necessary for wear protective gloves when the voltage troubleshooting only on low- and performance of these tasks. of the circuit exceeds 40 volts. This medium-voltage circuits. The second is Troubleshooting and testing is limited should prevent accidents related to that proposed § 75.820 conflicts with to low- and medium-voltage energized contact with energized circuits while MSHA’s interpretation of § 75.509 circuits, primarily due to insulation troubleshooting and testing. These concerning situations where insulated ratings of available troubleshooting and gloves will provide the insulation rubber gloves are required. MSHA’s testing equipment. Insulation ratings on protection necessary if a miner has Program Policy Manual states: equipment commonly used to inadvertent contact with energized troubleshoot and test in underground circuits during troubleshooting and Work gloves in good condition are acceptable for troubleshooting or testing mines are insufficient to protect persons testing. A commenter stated that the energized low-or medium-voltage circuits or if such equipment is used to circuit is designed to permit equipment. High-voltage gloves, rated at least troubleshoot and test high-voltage troubleshooting of 120-volt alternating for the voltage of the circuit, are required for circuits. current (VAC) control power. During troubleshooting or testing of energized high- A commenter suggested that this period, high voltage is not present voltage circuits or in compartments troubleshooting of energized circuits while the normal/test auxiliary switch is containing exposed energized high-voltage ranging from 120 to 1,000 volts (low to in the ‘‘test’’ position and the incoming circuits. (This portion has been corrected by medium voltage) should be prohibited. high-voltage disconnect is in the ‘‘open/ MSHA Program Policy Update V–15.) This commenter indicated that the grounded’’ position. This commenter The commenter further stated that in industry has already demonstrated that suggested that gloves be rated for 120 order to be consistent with § 75.509, as high-voltage longwalls can be installed, VAC rather than the nominal voltage of well as prudent mining practices, commissioned, and maintained without the circuit. The Agency is not aware of proposed § 75.820(d) should be changed maintenance personnel being exposed any gloves rated for less than 1,000 to permit both troubleshooting of high- to any voltage higher than 120 volts. volts. The rating of gloves is determined voltage circuits and use of dry work The commenter further stated that if commercially through formal testing gloves for troubleshooting low- and multiple utilization voltages are procedures established by national medium-voltage circuits. required in the same compartment, then standards. In response the Agency states that each supply should have a disconnect Another commenter suggested that existing § 75.705—Work on high-voltage device, and cover switches should be this paragraph be changed to permit the lines; deenergizing and grounding arranged to trip circuit-interrupting use of dry work gloves when specifically applies to high-voltage devices to cut off both voltages. Some troubleshooting low- and medium- circuits out from (outby) the longwall high-voltage longwalls are designed voltage circuits and to permit mining faces or pillar workings. Section
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75.705 specifically prohibits work on Based on MSHA electrical accident needed to protect persons from an high-voltage lines underground in information and experience, 40 volts is electrical explosion, an electrical flash, relation to troubleshooting and testing the lowest voltage level range at which and from flying debris. Commenters of high-voltage circuits. Section 75.509 shock hazards are minimized. Other suggested that injuries could be generally applies to all electrical circuits mandatory safety standards, such as minimized if protective clothing, such and is less restrictive. This final rule §§ 77.515—Bare signal or control wires; as a leather vest instead of polyester, specifically applies to high-voltage voltage, 75.901—Protection of low- and was worn, as clothing made of material circuits on longwalls and is consistent medium-voltage three-phase circuits that melts could compound an injury. with the safety requirements of existing used underground, 75.902—Low- and In response, the Agency concludes § 75.705. medium-voltage ground check monitor that when mine operators and miners Based on Agency data and experience, circuits, and 77.902–1—Fail safe ground comply with the provisions of this final it is our view that attempts to check circuits; maximum voltage, use 40 high-voltage rule, including proper troubleshoot and test energized high- volts as a minimum safety voltage range testing, examination, and maintenance voltage circuits using standard test level. Section 18.50—Protection against of circuits and equipment, and safe equipment, such as volt-ohm-meters, external arcs and sparks also uses 40 procedures during troubleshooting and commonly used on low- and medium- volts as a minimum voltage range level testing, hazards such as flying debris, voltage circuits, is extremely hazardous. for shock hazard protection guidelines electrical arcing, and flashover can be MSHA prohibits troubleshooting and for electrical equipment frames. Dry avoided. Electrical arcing during testing of energized high-voltage circuits work gloves, in good condition (free of troubleshooting and testing is normally and equipment. The use of hand-held holes, etc.) will be permitted on circuits due to either misapplication or misuse proximity testers to determine shielding where the voltage does not exceed 120 of test equipment. In some cases, continuity and energized circuits is volts nominal and on circuits where the electrical hazards may occur as a result allowed under this regulation. voltage exceeds 120 volts nominal but is of circuit insulation failure while Troubleshooting and testing routinely intrinsically safe. The normal control troubleshooting. Under the final rule, involves the use of portable test circuit nominal voltage value is 120 only qualified individuals must be instruments equipped with attached volts for mining equipment. Section assigned to perform troubleshooting and leads and metal probes used to move 75.1720—Protective clothing, testing. Further, they must perform from point to point in a circuit for the requirements and MSHA policy allow thorough examinations, tests, and purpose of determining voltage and/or miners to use dry gloves when working maintenance of circuits and equipment current readings needed to target on circuits up to 1000 volts. Rubber to help guard against the occurrence of problem areas. Insulation ratings on insulating gloves rated for at least the injury due to electrical arcing caused by equipment commonly used to nominal voltage of the circuit and failure of insulation. troubleshoot and test are insufficient to equipped with leather protectors will be Paragraph (d)(4) of the final rule protect persons if this equipment is required to be used on circuits where requires that rubber insulated gloves, used on high-voltage circuits. The the voltage exceeds 120 volts nominal when required, be rated at least for the commenter stated that the MSHA but is not intrinsically safe. (See nominal voltage of the circuit. This program policy manual permitted paragraphs (b)(3) and (b)(4)). Mine requirement was contained in paragraph troubleshooting and testing of energized equipment typically has ratings such as (d)(3) of the proposed rule. Comments high-voltage circuits. After review, 220-, 480-, 995-volts and higher. Rubber pertaining to this proposed rule are MSHA determined that this policy was gloves are not commercially rated for addressed above. The language of this inadvertently drafted in error and each of these voltages. Rubber insulating provision remains the same as the specifically conflicts with mandatory gloves rated at 1,000 volts are proposed, but it is renumbered. safety standard § 75.705. The error was commercially available at this time. The Paragraph (e) of the final rule, like the corrected in MSHA Program Policy 1,000 volt rated gloves can be used on proposed rule, requires deenergization Update V–15. The printed-in-error each of these circuits and, in fact, offer of high-voltage circuits contained in a version was never officially considered increased protection for troubleshooting compartment with low-or medium- or enforced as MSHA policy. and testing on circuits exceeding 120 voltage circuits, in order to troubleshoot Other commenters suggested—(1) that volts. or test the low-or medium-voltage gloves not be required under the MSHA’s fatality data show that at circuits. Deenergizing, grounding, and standard when the maximum circuit least six fatalities have occurred since locking out and tagging the high-voltage voltage does not exceed 40 volts; (2) that 1970 due to miners’ contact with circuit provides protection against the dry work gloves in good condition be energized circuits while troubleshooting danger of accidental contact with the required when the maximum circuit and testing. The provisions of § 75.820 high-voltage circuits while voltage does not exceed 150 volts or the address electrocution and shock hazards troubleshooting and testing low- and circuit voltage exceeds 150 volts but is associated with troubleshooting and medium-voltage circuits. Some intrinsically safe; and (3) that insulating testing of the low- and medium-voltage commenters suggested that high-voltage gloves, with protective coverings portions of high-voltage longwalls and circuits should never be located in the designed to prevent physical damage to provide additional protection for same compartment with low- and the insulating material, be required persons performing work on these medium-voltage circuits in order to when the maximum circuit voltage circuits. prevent persons from contacting high- exceeds 150 volts and the circuit is not Commenters suggested that the voltage circuits while testing or working intrinsically safe. proposed rule be expanded to include on low- and medium-voltage circuits. In MSHA agrees with some of the facial protection, and protective response to this comment, electrical commenters’ suggestions and has clothing to minimize the risk of injury closing of high-voltage contactors written the final rule to reflect these in case of a short circuit during contained in motor-starter enclosures changes. The final rule requires the use troubleshooting and testing of an requires low-voltage magnetic of protective gloves when energized circuit. In support of this components that are a part of the troubleshooting and testing circuits suggestion, commenters stated that contactors. Therefore, sometimes it is having voltages that exceed 40 volts. these additional requirements were necessary, to have both high voltage in
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the form of a power circuit and low addition, the commenter pointed out work to frequently remove sections of voltage in the form of a control circuit that belt structure removal occurs 2 or conveyor structure. This commenter in the same compartment(s) of the 3 times a shift, taking 15 to 30 minutes indicated that procedures have been motor-starter enclosures. In addition, each time. Other commenters suggested developed to ensure that this work can compartments of motor-starter that this provision be deleted, since be done without risk of high-voltage enclosures that house high-voltage proper guarding is required by § 75.816. cables creating a hazard. disconnect switches may also contain These commenters suggested that the In response to these commenters, the low-and/or medium-voltage control and requirement would result in Agency has changed the language of the lighting transformers. The deenergizing cables even if work is proposed rule. The final rule allows deenergization and lockout being done 10,000 feet from the cables. guarding or protection by elevation as requirements under the new standard Another commenter suggested that this another means of protecting cables from address the safety concerns associated requirement should be waived if the damage and to minimize danger of with working near multiple voltage high-voltage cable is installed on contact with energized cables. Proper circuits. Therefore, the Agency monorail because personnel are safely guarding of cables in accordance with concludes that paragraph (e) of this protected by the location of the cable. § 75.816 or protection afforded by section should remain as proposed. Other reasons given for deleting the proper elevation would minimize miner Paragraph (f) of the final rule requires deenergization requirement were: (1) It contact with cables and minimize that high-voltage cables located in would be less safe for miners, as it damage to the cables. The Agency agrees conveyor belt entries be deenergized, would result in deenergization of that there are safety advantages in guarded, or isolated by elevation prior several longwall safety devices such as leaving the high-voltage cable energized to the installation or removal of the the face and equipment illumination if the cable is properly protected during conveyor belt structure. The proposed system; (2) It would result in an undue belt structure installation and removal. rule required that the cables be burden for operators due to the time Examples of safety equipment that deenergized prior to the removal of the required to travel to and from the power would remain energized are methane structure. Other commenters suggested center in order to deenergize the cable; monitors and illumination systems. that the deenergization requirement (3) It would cause undue stress, wear Section 75.821 Testing, Examination, should apply to the installation, as well and tear on electrical breakers, and Maintenance as the removal, of conveyor belt components, and cables due to frequent structures. These commenters pointed energizing and deenergizing; and (4) It Section 75.821 of the final rule out that the same type of work is would prevent most maintenance, requires that a person, qualified to performed during belt installation as service and support functions from perform electrical work, test and during removal. The Agency agrees with being performed while the cables were examine equipment and circuits to these commenters and has concluded deenergized. The commenter also detect and correct conditions that could that the final rule should apply to pointed out that the occurrence of high- lead to an accident and injury. The advancing as well as retreating longwall voltage cable faults is infrequent and the section requires the qualified person to systems. Therefore, the requirement has commenter has no experience of faults verify by signature and date that the been changed to apply to installation as resulting in fire or causing shocks to tests and examinations have been well as removal of conveyor belt miners. This commenter further stated completed. This record will include any structures. Contact with or damage to that currently required circuit breakers unsafe conditions and corrective actions energized cables while installing or and ground-fault systems provide taken. The section further requires that removing conveyor belt structures could adequate fault protection and that the records be kept and made available cause risks of fire and electrocution to backup protection is provided by a for at least one year. This section was miners. The final rule addresses these ‘‘Post Gulliver’’ ground-fault system at derived, in part, from existing dangers by requiring either the commenter’s operation. Another §§ 75.512—Electric equipment; deenergization, guarding, or proper commenter suggested that this examination, testing and maintenance, location of the cables before installing or requirement should only apply to cables 75.512–2—Frequency of examinations, removing belt structures. which are not guarded and which are 75.800–3—Testing, examination and Commenters suggested that located in conveyor belt entries less maintenance of circuit breakers; deenergizing the high-voltage cable for than three feet away from the conveyor procedures, and 75.800–4—Testing, removal of the belt conveyor structure is belt structure. examination, and maintenance of often impractical and that an alternative Another commenter suggested that circuit breakers; record which generally would be to guard the cable from direct the requirement should not apply where apply to electrical equipment contact with the belt conveyor structure the mine operator can demonstrate that underground. This section applies to during removal. Reasons given for this the seam height provides ample high-voltage equipment on the longwall alternative were: (1) Many of the routine clearance of at least 6.5 feet or other face or within 150 feet of the pillar jobs performed along the longwall face methods are used to prevent any workings. cannot be performed with the power off possible mechanical damage to high- Paragraph (a) of § 75.821 requires that (such as repositioning of the longwall voltage cables which may occur during persons, qualified in accordance with shearer, moving the shields removal of conveyor belt structures. existing § 75.153—Electrical work; electronically and moving the face Another commenter indicated that the qualified person, test and examine high- conveyor, as well as equipment phrasing of the proposed rule led the voltage longwall equipment and circuits servicing and welding operations that commenter to believe that MSHA was to protect miners from electrical or typically contribute to the normal safe referring to the complete removal of the operational hazardous that may exist. and efficient operation of the longwall) conveyor belt structure (as would be the As noted under the § 75.820 discussion, and (2) Methane monitors, face lighting, case for an advancing longwall). This based on the recent Federal Mine Safety and on-board shield diagnostics would commenter indicated that operators are and Health Review Commission Black lose power if they receive electrical concerned about application of the rule Mesa decision (22 FMSHRC 708, 715; power through the high-voltage system to the more common retreating longwall June 30, 2000), § 75.153 requires that a that feeds the face equipment. In situation where it is part of the routine ‘person qualified’ be knowledgeable of
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high-, medium-, and low-voltage injuries. The Agency considers it very cables protected by the described circuits and equipment. Consistent with important that the required guarding, be inspected to assure proper this decision and for clarification examinations and tests be conducted as maintenance. The Agency believes that purposes, the language of paragraph (a) frequently as possible from the verification of proper maintenance has been modified in the same fashion standpoint of safety and practicability, regarding these items would not require, as in § 75.820(a) to conform with the and that an examination at least once in all cases, removal of the equipment ruling under this decision and the plain every seven days rather than weekly covers and cable guards in order to meaning of § 75.153. Thus, under this provides this assurance. A requirement make this determination. Some paragraph as revised, a person must be for a weekly examination can result in protective device settings do not change, qualified under § 75.153 to perform the equipment not being examined for so frequent removal of covers to gain electrical work on ‘‘all’’ circuits and as long as 13–14 days. In addition, the access for inspection serves no useful equipment, not just high-voltage seven-day requirement is consistent purpose and reduces safety if covers are circuits. Testing and examining high- with similar type requirements not properly replaced. Removing and voltage longwall equipment and circuits contained in regulations promulgated by replacing guards that are installed to allows qualified persons to determine the Agency pertaining to ventilation provide mechanical protection for that the electrical protection, equipment under §§ 75.312(b)(1)(ii)—Main mine cables, without good reason, could grounding, permissibility, cable fan examinations and records and likewise result in an unsafe condition if insulation, and control devices are 75.364(a)—Weekly examination. not properly replaced. properly maintained to prevent fire, Another commenter suggested that the Since 1970, Title 30 CFR has electric shock, ignition or operational proposed provision was too vague and contained an examination, test, and hazards from existing on the equipment. in order to eliminate confusion, maintenance requirement for electric Keeping equipment free from these submitted the following examination equipment that is more basic than hazards is assured by the training and requirements: (1) Actuate each ground- § 75.821. The Agency has been asked on expertise of qualified electricians. fault test circuit required by § 75.814(c); several occasions to describe the Regular testing and examination of high- (2) Examine the cable guarding and required extent of proper examination of voltage equipment used in face areas handling system to ensure that they are circuits and equipment. Since there are assures that hazardous conditions are properly installed and protecting the so many varieties of circuits and discovered and corrected before they cables; (3) Determine that explosion- equipment in use in mines, it is can cause injuries to miners. The proof components are maintained in impractical to describe a specific standard requires examinations and permissible condition; (4) Actuate the inspection procedure that applies to all tests of high-voltage longwall equipment emergency stop button and verify that circuits and equipment in all instances. Consequently, a general type at least once every 7 days. the corresponding circuit-interrupting inspection procedure, such as that Examinations and tests include device opens; and (5) Verify that the contained in this final rule, is necessary. activating the ground-fault test circuit face communication system is The amount of detail needed for a given which is required by § 75.814(c) of this operational. Another commenter inspection is normally determined on a final rule. The standard assures that suggested that the proposed case-by-case basis, as the inspection problems which arise during normal use examination requirements were so takes place. For example, the testing of of mining equipment will be identified comprehensive that it would take a ground monitors would normally only and corrected, so that miners are not skilled person two days and that the exposed to hazards. Activating the require simple activation of readily more limited examination suggested by ground-fault test circuit will identify available test switches; however, the previous commenter would cover any damage or defects in the ground- findings revealed during this portion of the essential safety aspects. fault circuit and therefore protect the inspection of the longwall circuits miners from being exposed to energized In response to the comments and equipment may indicate a need for longwall equipment frames. regarding adoption of less time- more thorough examinations and tests. A commenter stated that 30 CFR part consuming examination requirements, For example, if an ohm meter test 75 requires mine operators to conduct a the complex high-voltage longwall determined that a condition existed in multitude of tests in the underground mining system contains numerous a cable, such as an inadvertent environment. The commenter further cables, conductors, and pieces of connection between a pilot wire and stated that these tests are normally equipment that require time-consuming ground wire rendering a ground monitor conducted on a ‘‘daily,’’ ‘‘weekly,’’ or examinations to assure safe operating inoperative, further examination and ‘‘monthly’’ basis, and that the proposed conditions. Although proper circuit and correction would be required to rule is confusing and can present a equipment maintenance requires both establish effective ground monitoring. problem for those operations working visual and physical examinations, most For these reasons, the Agency concludes under nontraditional schedules. The examinations are visual. In addition, that the final rule require general type commenter recommended that for testing of circuits and equipment examinations and tests be conducted. clarity and consistency, the phrase routinely includes activating available Therefore, except for the change based ‘‘once every 7 days’’ be removed and the test switches to verify proper operation on the Black Mesa decision, paragraph word ‘‘weekly’’ be substituted. In and causes the protective devices to (a) of this section remains as proposed. response to this comment, circuits and open. High-voltage longwall equipment Paragraph (b) of the final rule, like the equipment used in conjunction with contains circuit protective devices that proposed rule, requires that each high-voltage longwalls are frequently are mounted in heavily constructed ground-wire monitor and corresponding being moved and subjected to heavy explosion-proof enclosures containing circuit be examined and tested at least use, increasing the likelihood of wear large bolted covers and cables that are once each 30 days to verify that it is and breakdown. Because of this, it is protected by heavily constructed operating properly and will cause the extremely important that defects in guarding. The proposed rule required, corresponding circuit-interrupting circuits and equipment be detected as in part, that a determination be made device to open. This procedure assures quickly as possible and repaired before that protective devices, in some cases that ground-wire monitors and the occurrence of related accidents and contained within these enclosures, and corresponding circuit-interrupting
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devices will operate properly to rule. ‘‘Immediately’’ is intended to responsible persons from entering the deenergize the circuits that they reflect its plain meaning that the information as is currently allowed. monitor. A commenter suggested that required action be without hesitation or This commenter pointed out that the the requirement for testing of ground- delay. It is emphasized, however, that results of the examination could be wire monitors be relocated to another the rule is referring to those safety allowed to be entered by the examiner section of the rule, or possibly defects that are considered hazardous, or by a responsible mine official, or § 75.803—Fail safe ground check as stated under § 75.821(c). For information could be transferred from a circuits on high-voltage resistance example, some conditions, such as bare checklist filled out by the examiner. In grounded systems. The Agency has energized conductors in cables or response to this commenter, high- determined that the important safety conductors, present fire, electric shock, voltage longwalls contain complex protection provided by these devices ignition, and possibly even operational circuits and equipment that require and their use on operating high-voltage hazards and require either immediate examinations and tests be conducted longwall equipment necessitates placing removal from service or immediate only by qualified persons ground monitor testing requirements in repair. However, conditions may exist knowledgeable about equipment this section of the final rule. This is that would not require immediate function and operation. These persons required in addition to other relevant shutdown of equipment, but due to the routinely acquire this knowledge testing requirements for other protective nature of the condition, would permit through numerous hours of education, systems on high-voltage longwall continued operation of the equipment training, and experience. Once equipment. until material or parts necessary to inspections, including required Another commenter suggested that correct the condition are procured, or examinations and tests, of high-voltage the testing be limited to the operation of would permit orderly shutdown of longwalls are conducted by qualified appropriate control circuit test devices equipment prior to repair. For example, persons, it can be concluded that these in the power center or high-voltage § 75.816 of this final rule requires individuals are the only ones that have motor-starter enclosure, and indicated guarding of high-voltage cables in the necessary detailed knowledge and that it should not be necessary to open specific locations. Unless there are other understanding of the results of the any explosion-proof enclosure or to extenuating circumstances such as inspection. Because of this, it is disconnect any ground wire while damaged cable or bare conductors appropriate that only these persons testing a ground-wire monitor. These present, a torn portion of guarding certify by signature and date that the commenters suggested that language be material would not be judged a required examinations and tests have added to the provision that specifies the condition that would have to be been conducted and that unsafe test be initiated by operating the test corrected immediately. It is the conditions found have been corrected switch provided as part of the ground- Agency’s intent that once a condition and recorded. This approach is wire monitor, or a similar switch with the potential to result in a fire, consistent with other examination and installed in the power center or the electric shock, ignition, or operational recordkeeping requirements high-voltage motor-starter enclosure. As hazard is revealed correction of the promulgated by MSHA. stated above, proper examination and condition should begin immediately. testing of ground-wire monitors and This includes arranging for orderly Another commenter suggested that associated circuits, which include pilot shutdown or removal of the equipment the operator maintain a written record wires and grounding conductors, may for repair until the necessary repair of each test, examination, repair or require more than simple activation of parts are obtained and installed. adjustment of all circuit breakers a test switch that normally opens the Paragraph (d) of the final rule, like the protecting high-voltage circuits which pilot wire. Therefore, paragraph (b) of proposed rule, requires the person who enter any underground area of the coal this section remains as proposed. performs examinations and tests to mine and that such records be Paragraph (c) of the final rule requires certify by signature and date that they maintained in a book approved by the equipment to be immediately removed have been conducted. Also, a record is Secretary. These commenters indicated from service or immediately repaired required for any unsafe condition found that such records are necessary to assure when examinations or tests reveal a fire, and any corrective action taken. This that tests and examinations have been electric shock, ignition, or operational unsafe condition need not be an made and would indicate which pieces hazard. This provision assures that immediate hazard to be reported. In of electrical equipment were tested and equipment which may pose a danger to addition, certifications and records are examined and which ones were not. miners will not be used until the required to be kept for at least one year They suggested that a reduction in the hazardous condition is corrected. Some and made available at the mine for amount of recordkeeping diminishes the commenters stated that the term inspection by authorized representatives operator’s accountability to provide ‘‘immediately’’ should be added to this of the Secretary and representatives of proof that all equipment has been tested provision. These commenters indicated miners at the mine. Records and and examined. In response to this that it is of utmost importance that certifications of tests and repairs are commenter, even though existing whenever tests and examinations reveal valuable tools for mine operators and § 75.512 requires examination of all malfunctions and defects, equipment can be used to point out patterns of electric equipment, proposed §§ 75.814 must be repaired or removed from equipment defects and facilitate through 75.822 are specific to high- service immediately. They pointed out improvements in equipment voltage longwall circuits and equipment that operators may be reluctant to shut maintenance and design. These records and not just high-voltage circuit down a longwall operation to make and certifications will assist in breakers. Since proper test, necessary corrections and that identifying that the required examination, and maintenance of confrontational situations and any examinations were conducted, and will circuits and equipment is considered to misinterpretations could be avoided by also assist in the investigation of be of extreme importance for the adding this clarification to the standard. accidents. protection of personnel, the Agency The Agency agrees with the A commenter suggested that requiring concluded it was necessary to draft an commenter and has added the word the examiner’s signature is not examination and testing standard for ‘‘immediately’’ to § 75.821(c) of the final necessary and eliminates other high-voltage longwall circuits and
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equipment. As stated above, the modification. One of these commenters less burdensome ground-wire monitor wording of § 75.821(d), which in part, stated that the use of a center ground- system to the mining industry. This requires that the person who completes check conductor can either eliminate or small ground-check conductor size is the examination and tests certify by significantly minimize inter-machine not a requirement but is offered to give signature and date that they have been arcing and also provides improved added flexibility to mine operators and conducted. This approach is generally ground-check monitor performance by to minimize their cost burden where consistent with requirements in other reducing induced current into the feasible. This option became available to regulations promulgated by the Agency. ground-check conductor. the coal industry and coal mine This certification and recording The Agency agrees with these equipment manufacturers as it was requirement only pertains to high- comments, and includes a new section developed and used in high-voltage voltage longwall systems, including permitting this cable design use in light longwall systems under the petition for associated low- and medium-voltage of its experience with high-voltage modification process during the last circuits and equipment. The longwall petitions. As noted above, seven years. requirements of § 75.512 remain in these new cable design provisions arise With the advent of high-voltage effect for circuits and equipment in the from technology developments longwall face equipment, the mine other than that used on high- referenced by commenters in response development and use of No. 16 AWG voltage longwall systems. Therefore, to the proposed rule and from the high- ground-check conductors for high- paragraph (d) of this section remains as voltage longwall experience under the voltage longwall equipment became an proposed. petition process. This section includes affordable technology with additional requirements from § 75.804 and allows safety benefits. This standard also Section 75.822 Underground High- the use of high-voltage longwall eliminates the need for § 75.804(a) Voltage Longwall Cables equipment cables that are designed with petitions for modification on longwalls Section 75.822 of the final rule is a center ground-check insulated for this purpose and facilitates the use new, derived in part from existing conductor smaller than No. 10 AWG of improved high-voltage cable designs. § 75.804—Underground high-voltage and metallic shields around each power These cable designs should reduce the cables. It has been added since the conductor. Acceptable cables are those hazards associated with locating severed proposed rule in specific response to manufactured to meet nationally ground-check conductors, thereby commenters, and is a logical outgrowth recognized consensus standards, such as discouraging the bypassing of ground- of this high-voltage longwall the Insulated Cable Engineers wire monitors when a cable has rulemaking. This section differs from Association (ICEA) standards and, as experienced a broken or severed the requirements of § 75.804 by provided by the final rule, are designed ground-check conductor. Mines using permitting the use of high-voltage cables with a stranded ground-check conductor this cable design have reported less that have an insulated center ground- that is no smaller than No. 16 AWG and downtime by having to locate and repair check conductor that is smaller than a is located in the center interstice of the broken or severed ground-check No. 10 AWG conductor. The Agency cable conductors. The national conductors. developed this new provision in consensus standards are developed by A commenter recommended that the response to industry requests and to recognized experts in their fields. These word ‘‘metallic’’ not be used to describe accommodate new cable design cables, through the Mine Act § 101(c) the shielding that surrounds the technology that can either eliminate or petition for modification process, have individual power conductors and that significantly minimize inter-machine been used on longwall mining the rule should allow the use of other arcing due to the reduction of current equipment for the past several years and materials to be incorporated in the induced into the ground-check provide the necessary protection from construction of the shielding. The conductor. This new cable design physical damage or stress to the No. 16 commenter did not specify what other technology developed from MSHA and AWG center ground-check conductor. types of materials should be used as the industry’s experience with using For these reasons, the Agency has shielding around the power conductors. smaller ground-monitor conductor sizes determined that allowing the use of a Experience indicates that use of high- in high-voltage longwall cables under No. 16 AWG center ground-check voltage cables with metallic shielding MSHA granted modifications. This conductor can provide equivalent or that surrounds the individual power experience, together with comments improved protection as provided by a conductors provides the intended from the high-voltage longwall regular No. 10 AWG conductor. protection against electrical hazards. rulemaking process, caused MSHA to Improved protection is provided by the Thus, the Agency has retained the cable conclude that such cable designs should No. 16 AWG ground-check conductor design specifications that incorporate be permitted under the final rule. The because it is located in the center of the metallic shielding around each power development of affordable smaller cable creating cable conductor conductor. conductors resulted directly from the symmetry. This greatly minimizes high-voltage longwall equipment design induced currents and voltages that have Section 75.1002 Installation of Electric and use experience under granted been found to occur when using cables Equipment and Conductors; modifications. where the ground-check conductors are Permissibility Two commenters suggested that a located in the interstices between the This section of the final rule is regulation be developed to permit the phase conductors. These induced derived from existing §§ 75.1002— use of high-voltage cables that have a currents and voltages can result in Location of trolley wires, trolley feeder center ground-check conductor smaller arcing, fire or ignition hazards. Using wires, high-voltage cables and than a No. 10 AWG conductor that is cables with No. 10 AWG conductors has transformers and 75.1002–1—Location presently required under § 75.804(a). required the installation of external arc- of other electric equipment; The commenters further stated that suppression devices to prevent induced requirements for permissibility and MSHA has allowed the use of a smaller currents and voltages. Therefore, addresses requirements for conductors ground-check conductor for high- permitting cables with No. 16 AWG and cables used in or inby the last open voltage cables through the use of conductors located in the center of the crosscut, and electric equipment and § 101(c) of the Mine Act for petitions for cables, brings a safer, more efficient, and conductors and cables used within 150
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feet of pillar workings. The final rule under this final rule) will remain in DERIVATION TABLE—Continued revises existing § 75.1002 and removes effect, and mine operators who do not § 75.1002–1, which prohibited the use have granted petitions in effect must file Final rule Existing section of high-voltage cables inby the last open a petition for modification of crosscut and within 150 feet of pillar § 75.1002(b) for the future use of high- 75.814(a)(5) & (6) ..... N/A. workings or longwall faces. It also voltage continuous miners. 75.814(a)(7) ...... 75.800. In addition, the high-voltage longwall 75.814(b), (c) & (d) ... N/A. revises § 75.1002 related to the use of 75.814(e) ...... New (75.518–1). permissible equipment in these areas. final rule does not apply to 75.815(a) & (b) ...... 75.808. Paragraph (a) of the final rule, like the nonpermissible test and diagnostic 75.815(c) ...... 75.520. existing rule and proposed rule, equipment use. Previously granted 75.815(d)(1) ...... 75.601 & 75.808. continues to require that only petitions under existing § 75.1002–1(a) 75.815(d)(2) ...... 75.705. permissible electric equipment be (§ 75.1002(a) under this final rule) will 75.815(d)(3) ...... 75.511. located within 150 feet of pillar remain in effect. After the effective date 75.815(e) ...... 75.520. workings or longwall faces. This of this rule, mine operators who do not 75.816 & 75.817 ...... 75.807. equipment is specifically designed to have granted petitions in effect must file 75.818(a) ...... 75.705–6 and 75.812. 75.818(b) ...... 75.705–7 & 75.705– protect miners against fire and a petition for modification for the use of 8. explosion hazards in the mining face nonpermissible test and diagnostic 75.819 ...... N/A. areas such as the longwall face where equipment under § 75.1002(a). 75.820 ...... 75.153, 75.509, methane gas would likely accumulate In response to a commenter’s 75.511 & 75.705. and possibly cause an ignition or suggestion, MSHA has added the term 75.821 ...... 75.512, 75.512–1, explosion. ‘‘longwall faces’’ to paragraph (b) of the 75.800–3 & Paragraph (b) of the final rule, like the section. While longwall faces are 75.800–4. existing rule and proposed rule, limits generally considered to be part of a 75.822 ...... N/A. the types of electric conductors and pillar working, the use of this term more 75.1002 (revised) ...... 75.1002, 75.1002–1. cables permitted in areas where specifically identifies the place where N/A: Not Applicable. permissible equipment is required. This conductors and cables can be used. The Distribution Table section prohibits the installation of addition of this term also maintains conductors such as trolley wires and consistency with paragraph (a). This The following distribution table lists: trolley feeder wires in areas where term was used in proposed paragraph (1) Each section number of the existing permissible equipment is required. Such (a) to clarify that longwall faces are standards and (2) The section number of electric conductors could provide a included as part of the pillar working. the final rule which contains provisions ready ignition source and therefore must Paragraph (b)(1) of the final rule, like derived from the corresponding existing not be used where permissible the proposed rule, permits the use of section. equipment is required. Permissible shielded high-voltage cables supplying equipment is defined under 30 CFR power to permissible longwall DISTRIBUTION TABLE § 18.2—Definitions and under § 318(i) of equipment. Paragraphs (b)(2) through the Mine Act. Such equipment is (b)(4) of the final rule, like the existing Existing section Final rule specifically approved by MSHA for use standards, permit the use of conductors in fire and explosive hazardous areas. 75.2 ...... Partly new 75.2. and cables of intrinsically safe circuits, NA ...... 75.813. However, the new final paragraph (b)(1), and cables and conductors supplying 75.518–1 & 75.808 ... 75.814(a)(1). like the proposed rule, permits the use power to low- and medium-voltage NA ...... 75.814(a)(2). of shielded high-voltage longwall cable. permissible equipment in or inby the 75.802 ...... 75.814(a)(3). Such shielding and design protect last open crosscut and within 150 feet 75.800 ...... 75.814(a)(4). against arcing and other electrical of pillar workings or longwall faces. NA ...... 75.814(a)(5) & (6). ignition hazards that may occur when 75.800 ...... 75.814(7). the outer jacket material of the cable is Petitions for Modification NA ...... 75.814(b), (c) & (d). damaged. The use of shielded high- On the effective date of this final rule, New (75.518–1) ...... 75.814 (e). 75.808 ...... 75.815 (a) & (b). voltage cables supplying power to all existing petitions for modification for 75.520 ...... 75.815 (c). permissible longwall equipment reduces high-voltage longwall use under 75.601 & 75.808 ...... 75.815 (d)(1). the risk of fire or explosion in face areas § 75.1002 will be superseded. Operators 75.705 ...... 75.815 (d)(2). since these cables have equivalent or are thereafter required to comply with 75.511 ...... 75.815 (d)(3). superior mechanical and electrical the provisions of this final rule. 75.520 ...... 75.815 (e). protective characteristics. This 75.807 ...... 75.816 & 75.817. Derivation Table equipment offers other improved safety 75.705–6 & 75.812 ... 75.818 (a). features, such as short-circuit and The following derivation table lists: 75.705–7 & 75.705–8 75.818 (b). (1) Each section number of the final rule NA ...... 75.819. ground-fault protection against shock, 75.153, 75.509, 75.820. fire, and explosion hazards. The final and (2) The section number of the 75.511 75.705. rule continues to prohibit the use of standard from which the section is 75.512, 75.512–1, 75.821. such nonpermissible equipment not derived (existing section). 75.800–3 & specifically approved by MSHA for use 75.800–4. near the actual coal extraction areas DERIVATION TABLE NA ...... 75.822. where increased fire and explosion 75.1002 (Revised) & 75.1002. hazards exist. Final rule Existing section 75.1002–1 (Re- The high-voltage longwall final rule moved). 75.2 ...... Partly new. does not apply to high-voltage 75.813 ...... N/A. NA—Not Applicable. continuous miner use within 150 feet of 75.814(a)(1) ...... 75.518–1 & 75.800. III. Paperwork Reduction Act pillar workings. High-voltage 75.814(a)(2) ...... N/A. continuous miner petitions granted 75.814(a)(3) ...... 75.802. The information collection under existing § 75.1002 (§ 75.1002(b) 75.814(a)(4) ...... 75.800. requirements contained in this final rule
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have been submitted to the Office of costs from these provisions are given in The information collection Management and Budget (OMB) for the following table. The total first year requirements contained in this rule for review under the Paperwork Reduction paperwork burden hours and costs of part 75 were submitted to OMB for Act of 1995 (44 U.S.C. 3501–3520), as the rule are 5,736 hours and $163,929, review under the Paperwork Reduction implemented by OMB in regulations at respectively. The total burden hours and Act of 1995 and were approved under 5 CFR part 1320. The Paperwork costs in each year thereafter will be OMB Control Number 1219–0116. This Reduction Act of 1995 (PRA 95) defines 5,732 hours and $163,806, respectively. Control Number, however, expired in collection of information as ‘‘the 1994, and the information requirements obtaining, causing to be obtained, Manufacturers seeking approval for longwall equipment continue to be have been resubmitted to OMB for soliciting, or requiring the disclosure to reinstatement. In accordance with third parties or the public of facts or required to submit applications for § 1320.11(h) of the implementing opinions by or for an agency regardless approval including related drawings, of form or format.’’ drawing lists, specifications, wiring regulations, OMB has 60 days from This rule contains information diagrams, and descriptions. The today’s publication date in which to collection requirements for high-voltage paperwork burden for this application approve, disapprove, or instruct MSHA longwall operators in § 18.53(h), process is approved as part of a petition to make a change to the information § 75.820(b), § 75.820(e) and § 75.821(d). for modification, under OMB Control collection requirements in this final Annual paperwork burden hours and Number 1219–0065. rule.
TABLE OF ANNUAL BURDEN HOURS AND COSTS FROM THE RULE
Annual burden Annual burden Annual burden hours for Annual burden costs for Hours in each year costs in each year first year thereafter first year thereafter
Section 18.53(h) ...... 7 3 $247 $124 Section 75.820(b) and (e) ...... 1604 1604 45,831 45,831 Section 75.821(d) ...... 4125 4125 117,851 117,851
Total ...... 5736 5732 163,929 163,806
IV. Executive Order 12866 and because such mines do not use longwall equipment. In certain situations, the Regulatory Flexibility Act equipment. cables may also be smaller, for example, 5,000-volt (high-voltage) power cables Benefits Executive Order 12866 requires that are smaller and weigh less than 1,000- regulatory agencies assess both the costs The more stringent criteria and design volt (medium-voltage) power cables. As and benefits of regulations. MSHA has features associated with high-voltage a result of fewer and lighter power determined that this final rule will not systems, such as compartment covers cables, the risk of injuries from handling have an annual effect of $100 million or that are interlocked to prevent access to power cables during longwall more on the economy and that, energized high-voltage conductors and installation, movement, or replacement therefore, they are not an economically equipment designed to facilitate safe may be reduced. significant regulatory action pursuant to testing procedures, decrease the § 3(f)(1) of Executive Order (E.O.) 12866. likelihood of electrical accidents. In Increased productivity gains can be However, we have determined that this addition, high-voltage cables are realized when using high voltage rather final rule is significant under § 3(f)(4) of required to be shielded around each than medium voltage. In cases where E.O. 12866, which defines a significant conductor (SHD type) whereas medium- medium voltage is used to power larger regulatory action as one that may voltage cables can be shielded around motors and heavier duty longwall ‘‘* * * raise novel legal or policy issues the circumference of the cable (SHC equipment, current (amperes) can arising out of legal mandates, the type). The SHD cables are safer than the increase, causing motors and/or cables President’s priorities, or the principles SHC cables because shielding the to overheat. However, if high voltage set forth in the Executive Order.’’ MSHA individual power conductors reduces rather than medium voltage is used to completed a Regulatory Economic the possibility of a short circuit that can power the larger motors and heavier Analysis (REA) in which the economic cause a fire, or a shock and burn hazard duty longwall equipment, current impact of the rule is estimated. The REA when a miner touches a cable. The SHD (amperes) is reduced, and the risk of is available from MSHA and is shielding reduces the possibility of a overheating motors and/or cables summarized as follows. shock hazard because an exposed diminishes. Also, motor start-up is easier when using high voltage. This Population-at-Risk energized conductor will contact the SHD shielding and activate the ground- increased reliability may reduce the MSHA estimates that this rulemaking fault protection, which removes power amount of longwall equipment would initially affect approximately to the cable. The use of high-voltage downtime, thereby enhancing coal 14,229 miners at 43 underground coal SHD cables reduces the chances of cable productivity. mines and six mines employing about damage which, in turn, reduces the Section 75.818(b)(1) and (2) requires 1,667 miners that would begin using chances of a miner coming into contact that high-voltage insulated gloves, high-voltage longwall equipment in the with an energized conductor(s). sleeves, and other insulated personal first year of the rule. The rule would not Further, the use of high voltage in protective equipment be rated as Class increase costs to small mines, which longwall mining operations may reduce 1 or higher, be visibly examined before MSHA has traditionally defined as the number of power cables running each use for signs of damage, and that having fewer than 20 employees, between various pieces of longwall such protective equipment be removed
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from the underground area of the mine In addition, eliminating the petition final rule will reduce recordkeeping and when damaged or defective. process would produce further savings petition requirements. Section 75.818(b)(3) requires that for medium-voltage longwall units that The final rule is clearly economically insulated personal protective equipment convert to high-voltage units. The rule feasible insofar as it provides a yearly be electrically tested every six months. would eliminate delayed production net savings of $23.08 million to high- Section 75.820(d)(3) requires qualified that could occur as a result of a mine voltage longwall mines. This includes a electricians to wear properly rated not being able to synchronize initial one-time savings of $6.75 million for rubber gloves in order to perform start-up of its high-voltage longwall each longwall mine that converts to troubleshooting and testing on low- and equipment with the granting of a high voltage as well as annual costs of medium-voltage circuits in a high- petition. The medium-voltage longwall $258 for each high-voltage longwall voltage compartment. Currently, units that convert would have the mine. opportunity to obtain higher petitions for modification do not have Regulatory Flexibility Act and Small productivity yields from the use of high this requirement. Thus, § 75.820(d)(3) Business Regulatory Enforcement voltage sooner under the rule than provides additional safety protection Fairness Act (SBREFA) during this troubleshooting and testing. under current procedures. Based on an Finally, the rule continues the same average 66.1 percent increased The Regulatory Flexibility Act (RFA) electrical safety requirements developed productivity of high-voltage longwalls requires regulatory agencies to consider in the petitions for modification to use over lower-voltage longwalls and an a rule’s impact on small entities. For the high-voltage longwalls. average delayed production time of 78 purposes of the RFA and this working days, MSHA estimates that the certification, MSHA has analyzed the Compliance Costs one-time conversion accelerated impact of the final rule and has This rule will result in yearly net production savings due to the petition determined that there will be a cost savings of $23,083,980. This includes a process would be about $6,733,280 per savings to small entities affected by this savings per conversion of $6,753,851 high-voltage longwall unit. rule. MSHA will mail a copy of the final attributed to each medium-voltage With respect to individual provisions rule, including the preamble and longwall unit that converts to high- concerning the 43 existing mines that regulatory flexibility certification voltage usage. These conversion savings currently use high-voltage equipment statement, to all underground coal mine consist of $6,733,280 for accelerated and the medium-voltage longwall units operators and miners’ representatives. production savings per unit, and that would shift to high voltage, The final rule will also be placed on $20,571 for filed petition savings per § 75.818(b)(4) would require mines to MSHA’s Internet Homepage at http:// unit. perform an electrical test of personal protective equipment every six months. www.msha.gov, under Statutory and The net economic effect of the rule Section 75.820(d)(3) would require Regulatory Information. includes substantially increased electricians to wear properly-rated In accordance with § 605 of the RFA, productivity and cost savings for each rubber gloves to perform MSHA certifies that this final rule will longwall unit that converts to high- troubleshooting and testing on low- and not have a significant adverse economic voltage equipment and cables, and a medium-voltage circuits that are impact on a substantial number of small small cost annually for each longwall contained in a compartment with high- entities. No small governmental unit that uses high-voltage equipment voltage circuits. Compliance cost jurisdictions or nonprofit organizations and cables. Accelerated production increases of $90 per longwall unit and are affected. savings are savings due to the more $168 per longwall unit are identified Under the Small Business Regulatory productive high-voltage equipment with §§ 75.818(b)(4) and 75.820(d)(3), Enforcement Fairness Act amendments being used sooner rather than later. respectively. to the RFA, MSHA must include in the Filed petition savings refer to savings final rule a factual basis for this due to eliminating legal fees and Economic Impact certification. The Agency also must expenses connected with a filed The rule enhances productivity in publish the regulatory flexibility petition. The elimination of the need to those affected mines because it allows certification in the Federal Register, file petitions for modification to use more efficient high-voltage longwall along with its factual basis. high-voltage longwalls will reduce the equipment to be established more Factual Basis for Certification costs associated with the petition rapidly in the relatively few process and will require less paperwork. underground coal mines in which it can The Agency compared the gross costs MSHA estimates that the petition be profitably employed. MSHA has of the rule for small mines in each process would have imposed costs for concluded that the rule will have only sector to the revenue for that sector for legal fees and expenses of about $5,250 a small (but favorable) effect on coal both size categories analyzed (MSHA for an unopposed petition filing and output, price, and profitability. and Small Business Administration $112,500 for an opposed petition ‘small entity’ definitions). Given that the requiring litigation, including Feasibility gross compliance costs for small mines proceedings before Administrative Law MSHA has concluded that the is substantially less than 1 percent of Judges, the Assistant Secretary, and requirements of the final rule are both revenue and that net costs are negative, courts of appeal. Since 14.3 percent (1 technologically and economically MSHA concludes that there is no out of 7) of all petitions granted by feasible. significant cost impact of the rule on MSHA in 1998 were contested and This final rule is not a technology- small entities that use high-voltage required an ALJ’s decision, MSHA forcing standard and does not involve longwall units. assumes this same percentage would be activities on the frontiers of scientific Other small entities potentially contested were future petitions to be knowledge. The equipment testing, affected by the rule are small filed. Thus, elimination of the petition recordkeeping, and rubber glove manufacturers of high-voltage longwall process would generate a one-time filed requirements all involve standard equipment. MSHA concludes that the petition savings per high-voltage procedures or simple, off-the-shelf rule would not have a significant impact longwall unit of $20,571. technologies. Other provisions of the upon a substantial number of small
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manufacturers of high-voltage longwall manufacturers high-voltage longwall PART 18—ELECTRIC MOTOR-DRIVEN equipment. equipment. MINE EQUIPMENT AND MSHA also has determined that there Executive Order 12630 ACCESSORIES are no initial net compliance costs as a result of this rule. The final rule results This rule is not subject to Executive 1. The authority citation for part 18 in a net savings. Currently mine Order 12630, Governmental Actions and continues to read as follows: operators are required to file a petition Interference with Constitutionally Authority: 30 U.S.C. 957, 961. for modification to use high-voltage Protected Property Rights, because it does not involve implementation of a 2. Add § 18.53 to subpart B of part 18 longwall equipment. This is a costly and to read as follows: lengthy administrative process. This policy with takings implications. final rule increases safety, effectiveness, Executive Order 12988 § 18.53 High-voltage longwall mining and efficiency in the use of high-voltage systems. longwall equipment. The lengthy This regulation has been drafted and (a) In each high-voltage motor-starter approval process will be eliminated. reviewed in accordance with Executive enclosure, with the exception of a The Agency estimates that six existing Order 12988, Civil Justice Reform, and controller on a high-voltage shearer, the longwall mines will convert to high will not unduly burden the Federal disconnect device compartment, voltage and an additional three new court system. The regulation has been control/communications compartment, longwall mines each year will elect to written so as to minimize litigation and and motor contactor compartment must adopt high-voltage technology in the provide a clear legal standard for be separated by barriers or partitions to future. affected conduct, and has been reviewed prevent exposure of personnel to carefully to eliminate drafting errors and Unfunded Mandates Reform Act of 1995 energized high-voltage conductors or ambiguities. parts. In each motor-starter enclosure on For purposes of the Unfunded Executive Order 13211 (Energy) a high-voltage shearer, the high-voltage Mandates Reform Act of 1995, as well components must be separated from as E.O. 12875, this rule does not include In accordance with Executive Order lower voltage components by barriers or any Federal mandate that may result in 13211, MSHA has reviewed this final partitions to prevent exposure of increased expenditures by State, local, rule for its energy impacts. We have personnel to energized high-voltage and tribal governments, or increased determined that the Executive Order conductors or parts. Barriers or expenditures by the private sector of does not apply to this final rule for the partitions must be constructed of more than $100 million. MSHA is not following reasons. One, this rulemaking grounded metal or nonconductive aware of any State, local, or tribal is not considered a ‘‘significant insulating board. government that either owns or operates regulatory action’’ under Executive (b) Each cover of a compartment in underground coal mines. Order 12866 and therefore the action the high-voltage motor-starter enclosure does not meet the criteria listed in Executive Order 13132 containing high-voltage components Executive Order 13211 requiring a must be equipped with at least two MSHA has reviewed this rule in Statement of Energy Effects. Two, the interlock switches arranged to accordance with Executive Order 13132 proposed rule was published before the automatically deenergize the high- regarding federalism, and has effective date of the Executive Order. voltage components within that determined that it does not have Three, MSHA has determined that this compartment when the cover is ‘‘federalism implications.’’ The rule final rule will not have any adverse removed. does not ‘‘have substantial direct effects effects on energy supply, distribution, or (c) Circuit-interrupting devices must on the States, on the relationship use. To the contrary, as summarized in be designed and installed to prevent between the national government and the economic analysis, MSHA expects automatic reclosure. the States, or on the distribution of accelerated coal production because of (d) Transformers with high-voltage power and responsibilities among the the implementation of this final rule. primary windings that supply control various levels of government.’’ There are Therefore, no reasonable alternatives to voltages must incorporate grounded no underground coal mines or this action are necessary. electrostatic (Faraday) shielding manufacturers of high-voltage longwall List of Subjects between the primary and secondary equipment owned or operated by any windings. The shielding must be State governments. 30 CFR Part 18 connected to equipment ground by a Executive Order 13045 Approval regulations, Electric motor- minimum No. 12 AWG grounding driven mine equipment and accessories, conductor. The secondary nominal In accordance with Executive Order Mine safety and health. voltage must not exceed 120 volts, line 13045, MSHA has evaluated the to line. environmental health and safety effect 30 CFR Part 75 (e) Test circuits must be provided for of the final rule on children. The High-voltage longwall, Incorporation checking the condition of ground-wire Agency has determined that the final by reference, Mandatory safety monitors and ground-fault protection rule will have no effect on children. standards, Mine safety and health, without exposing personnel to energized circuits. Each ground-test Executive Order 13084 Underground coal mines. circuit must inject a primary current of Dated: February 25, 2002. In accordance with Executive Order 50 percent or less of the current rating 13084, MSHA certifies that the high- Dave D. Lauriski, of the grounding resistor through the voltage longwall final rule does not Assistant Secretary of Labor for Mine Safety current transformer and cause each impose substantial direct compliance and Health. corresponding circuit-interrupting costs on Indian tribal governments. For the reasons set out in the device to open. MSHA is not aware of any Indian tribal preamble, chapter I of title 30 of the (f) Each motor-starter enclosure, with governments which either own or Code of Federal Regulations is amended the exception of a controller on a high- operate underground coal mines or as follows: voltage shearer, must be equipped with
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a disconnect device installed to (v) When located in a non-explosion- volts must be made of a shielded deenergize all high-voltage power proof enclosure, the device must be construction with a grounded metallic conductors extending from the designed and installed to cause the shield around each power conductor. enclosure when the device is in the current to be interrupted automatically (j) High-voltage motor and shearer ‘‘open’’ position. prior to the opening of the contacts, or circuits must be provided with (1) When multiple disconnect devices the device must be capable of instantaneous ground-fault protection of located in the same enclosure are used interrupting the full-load current of the not more than 0.125-amperes. Current to satisfy the above requirement they circuit. transformers used for this protection must be mechanically connected to (g) Control circuits for the high- must be of the single-window type and provide simultaneous operation by one voltage motor starters must be must be installed to encircle all three interlocked with the disconnect device handle. phase conductors. so that— (2) The disconnect device must be (k) Safeguards against corona must be rated for the maximum phase-to-phase (1) The control circuit can be operated with an auxiliary switch in the ‘‘test’’ provided on all 4,160 voltage circuits in voltage and the full-load current of the explosion-proof enclosures. circuit in which it is located, and position only when the disconnect installed so that— device is in the open and grounded (l) The maximum pressure rise within position; and an explosion-proof enclosure containing (i) Visual observation determines that (2) The control circuit can be operated the contacts are open without removing high-voltage switchgear must be limited with the auxiliary switch in the to 0.83 times the design pressure. any cover; ‘‘normal’’ position only when the (ii) The load-side power conductors disconnect switch is in the closed (m) High-voltage electrical are grounded when the device is in the position. components located in high-voltage ‘‘open’’ position; (h) A study to determine the explosion-proof enclosures must not be (iii) The device can be locked in the minimum available fault current must coplanar with a single plane flame- ‘‘open’’ position; be submitted to MSHA to ensure arresting path. (iv) When located in an explosion- adequate protection for the length and (n) Rigid insulation between high- proof enclosure, the device must be conductor size of the longwall motor, voltage terminals (Phase-to-Phase or designed and installed to cause the shearer and trailing cables. Phase-to-Ground) must be designed current to be interrupted automatically (i) Longwall motor and shearer cables with creepage distances in accordance prior to the opening of the contacts; and with nominal voltages greater than 660 with the following table:
MINIMUM CREEPAGE DISTANCES
Minimum creepage distances (inches) for comparative tracking index Points of (CTI) range 1 Phase to phase voltage measure CTI≥500 380≤CTI<500 175≤CTI<380 CTI<175
2,400 ...... -–- 1.50 1.95 2.40 2.90 -–G 1.00 1.25 1.55 1.85 4,160 ...... -–- 2.40 3.15 3.90 4.65 -–G 1.50 1.95 2.40 2.90 1 Assumes that all insulation is rated for the applied voltage or higher. (o) Explosion-proof motor-starter enclosures must be designed to establish the minimum free distance (MFD) between the wall or cover of the enclosure and uninsulated electrical conductors inside the enclosure in accordance with the following table: HIGH-VOLTAGE MINIMUM FREE DISTANCES (MFD)
Steel MFD (in) Aluminum MFD (in) Wall/cover thickness (in) A 1 B 2 C 3 ABC
1⁄4 ...... 2.8 4.3 5.8 4 NA 4 NA 4 NA 3⁄8 ...... 1.8 2.3 3.9 8.6 12.8 18.1 1⁄2 ...... * 1.2 2.0 2.7 6.5 9.8 13.0 5⁄8 ...... * 0.9 1.5 2.1 5.1 7.7 10.4 3⁄4 ...... * 0.6 * 1.1 1.6 4.1 6.3 8.6 1 ...... (*) * 0.6 * 1.0 2.9 4.5 6.2 Note *: The minimum electrical clearances must still be maintained. 1 Column A specifies the MFD for enclosures that have available 3-phase bolted short-circuit currents of 10,000 amperes rms or less. 2 Column B specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than 10,000 and less than or equal to 15,000 amperes rms. 3 Column C specifies the MFD for enclosures that have a maximum available 3-phase bolted short-circuit currents greater than 15,000 and less than or equal to 20,000 amperes rms. 4 Not Applicable—MSHA doesn’t allow aluminum wall or covers to be 1⁄4 inch or less in thickness (Section 18.31). (1) For values not included in the table, the following formulas on which the table is based may be used to determine the minimum free distance.
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(i) Steel Wall/Cover:
− ()35+ 105 (C) (I (t)) d MFD =×2. 296 10 6 sc − ()()Cd 2
(ii) Aluminum Wall/Cover:
− ()35+ 105 (C) (I (t)) d MFD =×1. 032 10 5 sc − ()()Cd 2
Where C is 1.4 for 2,400 volt systems or (B) Permanent deformation exceeding Short circuit. An abnormal connection 3.0 for 4,160 volt systems, Isc is the 3- 0.040 inches per linear foot; or of relatively low impedance, whether phase short circuit current in amperes of (C) Excessive clearances along flame- made accidentally or intentionally, the system, t is the clearing time in arresting paths following retightening of between two points of different seconds of the outby circuit-interrupting fastenings, as necessary. potential. device and d is the thickness in inches PART 75—MANDATORY SAFETY * * * * * of the metal wall/cover adjacent to an 5. Part 75, Subpart I, Underground area of potential arcing. STANDARDS—UNDERGROUND COAL MINES High-Voltage Distribution, is amended (2) The minimum free distance must by adding §§ 75.813 through 75.822 and be increased by 1.5 inches for 4,160 volt 3. The authority citation for part 75 Appendix A under a new undesignated systems and 0.7 inches for 2,400 volt continues to read as follows: center heading, high-voltage longwalls, systems when the adjacent wall area is Authority: 30 U.S.C. 811. to read as follows: the top of the enclosure. If a steel shield Sec. is mounted in conjunction with an 4. Amend § 75.2 by adding the aluminum wall or cover, the thickness following definitions: High-Voltage Longwalls of the steel shield is used to determine § 75.2 Definitions. 75.813 High-voltage longwalls; scope. the minimum free distances. 75.814 Electrical protection. * * * * * 75.815 Disconnect devices. (p) The following static pressure test Adequate interrupting capacity. The 75.816 Guarding of cables. must be performed on each prototype ability of an electrical protective device, 75.817 Cable handling and support systems. design of explosion-proof enclosures based upon its required and intended 75.818 Use of insulated cable handling containing high-voltage switchgear prior application, to safely interrupt values of equipment. to the explosion tests. The static current in excess of its trip setting or 75.819 Motor-starter enclosures; barriers pressure test must also be performed on melting point. and interlocks. 75.820 Electrical work; troubleshooting and every explosion-proof enclosure * * * * * containing high-voltage switchgear, at testing. Approval documentation. Formal 75.821 Testing, examination and the time of manufacture, unless the papers issued by the Mine Safety and maintenance. manufacturer uses an MSHA accepted Health Administration which describe 75.822 Underground high-voltage longwall quality assurance procedure covering and illustrate the complete assembly of cables. inspection of the enclosure. Procedures electrical machinery or accessories Appendix A to Subpart I—Diagrams of Inby must include a detailed check of parts which have met the applicable and Outby Switching against the drawings to determine that requirements of 30 CFR part 18. * * * * * the parts and the drawings coincide and * * * * * High-Voltage Longwalls that the minimum requirements stated Circuit-interrupting device. A device in part 18 have been followed with designed to open and close a circuit by § 75.813 High-voltage longwalls; scope. respect to materials, dimensions, nonautomatic means and to open the Sections 75.814 through 75.822 of this configuration and workmanship. circuit automatically at a predetermined part are electrical safety standards that (1) Test procedure. (i) The enclosure overcurrent value without damage to the apply to high-voltage longwall circuits must be internally pressurized to at least device when operated within its rating. and equipment. All other existing the design pressure, maintaining the * * * * * standards in 30 CFR must also apply to pressure for a minimum of 10 seconds. Ground fault or grounded phase. An these longwall circuits and equipment (ii) Following the pressure hold, the unintentional connection between an where appropriate. pressure must be removed and the electric circuit and the grounding pressurizing agent removed from the system. § 75.814 Electrical protection. enclosure. Motor-starter enclosure. An enclosure (a) High-voltage circuits must be (2) Acceptable performance. (i) The containing motor starting circuits and protected against short circuits, enclosure during pressurization must equipment. overloads, ground faults, and not exhibit— Nominal voltage. The phase-to-phase undervoltages by circuit-interrupting (A) Leakage through welds or casting; or line-to-line root-mean-square value devices of adequate interrupting or assigned to a circuit or system for capacity as follows: (B) Rupture of any part that affects the designation of its voltage class, such as (1) Current settings of short-circuit explosion-proof integrity of the 480 or 4,160 volts. Actual voltage at protective devices must not exceed the enclosure. which the circuit or system operates setting specified in approval (ii) The enclosure following removal may vary from the nominal voltage documentation, or seventy-five percent of the pressurizing agents must not within a range that permits satisfactory of the minimum available phase-to- exhibit— operation of equipment. phase short-circuit current, whichever is (A) Visible cracks in welds; * * * * * less.
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(2) Time-delay settings of short-circuit phase conductors. Equipment safety the circuit that is supplied power protective devices used to protect any grounding conductors must not pass through the device. cable extending from the section power through or be connected in series with (d) Each disconnecting device must be center to a motor-starter enclosure must ground-fault current transformers. designed and installed so that — not exceed the settings specified in (c) Each ground-fault current device (1) Visual observation determines that approval documentation, or 0.25- specified in paragraphs (a)(4)(i) and (5) the contacts are open without removing second, whichever is less. Time delay of this section must be provided with a any cover; settings of short-circuit protective test circuit that will inject a primary (2) All load power conductors can be devices used to protect motor and current of 50 percent or less of the grounded when the device is in the shearer circuits must not exceed the current rating of the grounding resistor ‘‘open’’ position; and settings specified in approval through the current transformer and (3) The device can be locked in the documentation, or 3 cycles, whichever cause each corresponding circuit- ‘‘open’’ position. interrupting device to open. is less. (e) Disconnecting devices, except (3) Ground-fault currents must be (d) Circuit-interrupting devices must those installed in explosion-proof limited by a neutral grounding resistor not reclose automatically. enclosures, must be capable of to not more than— (e) Where two or more high-voltage (i) 6.5 amperes when the nominal cables are used to supply power to a interrupting the full-load current of the voltage of the power circuit is 2,400 common bus in a high-voltage circuit or designed and installed to volts or less; or enclosure, each cable must be provided cause the current to be interrupted (ii) 3.75 amperes when the nominal with ground-wire monitoring. The automatically prior to the opening of the voltage of the power circuit exceeds ground-wire monitoring circuits must contacts of the device. Disconnecting 2,400 volts. cause deenergization of each cable when devices installed in explosion-proof (4) High-voltage circuits extending either the ground-monitor or grounding enclosures must be maintained in from the section power center must be conductor(s) of any cable become accordance with the approval provided with— severed or open. On or after May 10, requirements of paragraph (f)(2)(iv) of (i) Ground-fault protection set to 2002, parallel connected cables on § 18.53 of part 18 of this chapter. cause deenergization at not more than newly installed longwalls must be § 75.816 Guarding of cables. 40 percent of the current rating of the protected as follows: neutral grounding resistor; (1) When one circuit-interrupting (a) High-voltage cables must be (ii) A backup ground-fault detection device is used to protect parallel guarded at the following locations: device to cause deenergization when a connected cables, the circuit- (1) Where persons regularly work or ground fault occurs with the neutral interrupting device must be electrically travel over or under the cables. grounding resistor open; and interlocked with the cables so that the (2) Where the cables leave cable (iii) Thermal protection for the device will open when any cable is handling or support systems to extend grounding resistor that will deenergize disconnected; or to electric components. the longwall power center if the resistor (2) When two or more parallel circuit- (b) Guarding must minimize the is subjected to a sustained ground fault. interrupting devices are used to protect possibility of miners contacting the The thermal protection must operate at parallel connected cables, the circuit- cables and protect the cables from either 50 percent of the maximum interrupting devices must be damage. The guarding must be made of temperature rise of the grounding mechanically and electrically grounded metal or nonconductive resistor, or 150° C (302° F), whichever interlocked. Mechanical interlocking flame-resistant material. is less, and must open the ground-wire must cause all devices to open monitor circuit for the high-voltage § 75.817 Cable handling and support simultaneously and electrical systems. circuit supplying the section power interlocking must cause all devices to center. The thermal protection must not open when any cable is disconnected. Longwall mining equipment must be be dependent upon control power and provided with cable-handling and may consist of a current transformer and § 75.815 Disconnect devices. support systems that are constructed, overcurrent relay. (a) The section power center must be installed and maintained to minimize (5) High-voltage motor and shearer equipped with a main disconnecting the possibility of miners contacting the circuits must be provided with device installed to deenergize all cables cables and to protect the high-voltage instantaneous ground-fault protection extending to longwall equipment when cables from damage. set at not more than 0.125-ampere. the device is in the ‘‘open’’ position. See § 75.818 Use of insulated cable handling (6) Time-delay settings of ground-fault Figures I–1 and I–2 in Appendix A to equipment. protective devices used to provide this subpart I. coordination with the instantaneous (b) Disconnecting devices for motor- (a) Energized high-voltage cables must ground-fault protection of motor and starter enclosures must be maintained in not be handled except when motor or shearer circuits must not exceed 0.25- accordance with the approval shearer cables need to be trained. When second. requirements of paragraph (f) of § 18.53 cables need to be trained, high-voltage (7) Undervoltage protection must be of part 18 of this chapter. The insulated gloves, mitts, hooks, tongs, provided by a device which operates on compartment for the disconnect device slings, aprons, or other personal loss of voltage to cause and maintain the must be provided with a caution label protective equipment capable of interruption of power to a circuit to to warn miners against entering the providing protection against shock prevent automatic restarting of the compartment before deenergizing the hazard must be used to prevent direct equipment. incoming high-voltage circuits to the contact with the cable. (b) Current transformers used for the compartment. (b) High-voltage insulated gloves, ground-fault protection specified in (c) Disconnecting devices must be sleeves, and other insulated personal paragraphs (a)(4)(i) and (5) of this rated for the maximum phase-to-phase protective equipment must— section must be single window-type and voltage of the circuit in which they are (1) Have a voltage rating of at least must be installed to encircle all three installed, and for the full-load current of Class 1 (7,500 volts) that meets or
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exceeds ASTM F496–97, ‘‘Standard § 75.819 Motor-starter enclosures; barriers each person must install an individual Specification for In-Service Care of and interlocks. padlock. Insulating Gloves and Sleeves’’ (1997). Compartment separation and cover (4) Tag the disconnecting device to interlock switches for motor-starter (2) Be examined before each use for identify each person working and the enclosures must be maintained in visible signs of damage; circuit or equipment on which work is accordance with the approval being performed. (3) Be removed from the underground requirements of paragraphs (a) and (b) of (c) Each padlock and tag must be area of the mine or destroyed when § 18.53 of part 18 of this chapter. removed only by the person who damaged or defective; and § 75.820 Electrical work; troubleshooting installed them, except that, if that (4) Be electrically tested every 6 and testing. person is unavailable at the mine, the months in accordance with publication (a) Electrical work on all circuits and lock and tag may be removed by a ASTM F496–97. ASTM F496–97 equipment associated with high-voltage person authorized by the operator, (Standard Specification for In-Service longwalls must be performed only by provided— Care of Insulating Gloves and Sleeves, persons qualified under § 75.153 to (1) The authorized person is qualified 1997) is incorporated by reference and perform electrical work on all circuits under paragraph (a) of this section; and may be inspected at any Coal Mine and equipment. (2) The operator ensures that the Health and Safety District and (b) Prior to performing electrical person who installed the lock and tag is aware of the removal before that person Subdistrict Office, or at MSHA’s Office work, except for troubleshooting and resumes work on the affected circuit or of Standards, 4015 Wilson Boulevard, testing of energized circuits and equipment. Arlington, VA., and at the Office of the equipment as provided for in paragraph (d) of this section, a qualified person (d) Troubleshooting and testing of Federal Register, 800 North Capitol energized circuits must be performed Street, NW., Suite 700, Washington, DC. must do the following: (1) Deenergize the circuit or only— In addition, copies of the document can equipment with a circuit-interrupting (1) On low- and medium-voltage be purchased from the American device. circuits; Society for Testing and Materials, 100 (2) Open the circuit disconnecting (2) When the purpose of Barr Harbor Drive, West Conshohocken, device. On high-voltage circuits, ground troubleshooting and testing is to Pennsylvania 19428–2959. This the power conductors until work on the determine voltages and currents; and incorporation by reference was circuit is completed. (3) By persons qualified to perform approved by the Director of the Federal (3) Lock out the disconnecting device electrical work and who wear protective Register in accordance with 5 U.S.C. with a padlock. When more than one gloves on circuits that exceed 40 volts 552(a) and 1 CFR part 51. qualified person is performing work, in accordance with the following table:
Circuit voltage Type of glove required
Greater than 120 volts (nominal) (not intrinsically safe) ...... Rubber insulating gloves with leather protectors. 40 volts to 120 volts (nominal) (both intrinsically safe and non-intrinsically safe) ... Either rubber insulating gloves with leather protectors or dry work gloves. Greater than 120 volts (nominal) (intrinsically safe) ...... Either rubber insulating gloves with leather protectors or dry work gloves.
(4) Rubber insulating gloves must be § 75.821 Testing, examination and service immediately or repaired rated at least for the nominal voltage of maintenance. immediately. the circuit when the voltage of the (a) At least once every 7 days, a (d) At the completion of examinations circuit exceeds 120 volts nominal and is person qualified in accordance with and tests required by this section, the not intrinsically safe. § 75.153 to perform electrical work on person who makes the examinations all circuits and equipment must test and (e) Before troubleshooting and testing and tests must certify by signature and examine each unit of high-voltage a low- or medium-voltage circuit date that they have been conducted. A longwall equipment and circuits to contained in a compartment with a record must be made of any unsafe determine that electrical protection, high-voltage circuit, the high-voltage condition found and any corrective equipment grounding, permissibility, circuit must be deenergized, action taken. Certifications and records cable insulation, and control devices are disconnected, grounded, locked out and must be kept for at least one year and being properly maintained to prevent must be made available for inspection tagged in accordance with paragraph (b) fire, electrical shock, ignition, or of this section. by authorized representatives of the operational hazards from existing on the Secretary and representatives of miners. (f) Prior to the installation or removal equipment. Tests must include of conveyor belt structure, high-voltage activating the ground-fault test circuit as § 75.822 Underground high-voltage cables extending from the section power required by § 75.814(c). longwall cables. center to longwall equipment and (b) Each ground-wire monitor and In addition to the high-voltage cable located in the belt entries must be: associated circuits must be examined design specifications in § 75.804 of this (1) Deenergized; or and tested at least once each 30 days to part, high-voltage cables for use on verify proper operation and that it will longwalls may be a type SHD cable with (2) Guarded in accordance with cause the corresponding circuit- a center ground-check conductor no § 75.816 of this part, at the location interrupting device to open. smaller than a No. 16 AWG stranded where the belt structure is being (c) When examinations or tests of conductor. The cables must be MSHA installed or removed; or equipment reveal a fire, electrical shock, accepted as flame-resistant under part (3) Located at least 6.5 feet above the ignition, or operational hazard, the 18 or approved under subpart K of part mine floor. equipment must be removed from 7.
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§ 75.1002–1 [Removed] equipment is located within 150 feet of (2) Interconnecting conductors and 6. Remove § 75.1002–1. pillar workings or longwall faces. cables of permissible longwall equipment; 7. Revise § 75.1002 to read as follows: (b) Electric conductors and cables installed in or inby the last open (3) Conductors and cables of § 75.1002 Installation of electric equipment crosscut or within 150 feet of pillar intrinsically safe circuits; and and conductors; permissibility. workings or longwall faces must be— (4) Cables and conductors supplying (a) Electric equipment must be (1) Shielded high-voltage cables power to low- and medium-voltage permissible and maintained in a supplying power to permissible permissible equipment. permissible condition when such longwall equipment; BILLING CODE 4510–43–P
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[FR Doc. 02–4863 Filed 3–8–02; 8:45 am] BILLING CODE 4510–43–C
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Part III
Environmental Protection Agency 40 CFR Part 721 Perfluoroalkyl Sulfonates; Significant New Use Rule; Final Rule and Supplemental Proposed Rule
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ENVIRONMENTAL PROTECTION provide EPA with the opportunity to telephone number: (202) 564–8104; e- AGENCY evaluate an intended new use and mail address: [email protected]. associated activities and, if necessary, to SUPPLEMENTARY INFORMATION: 40 CFR Part 721 prohibit or limit that activity before it [OPPTS–50639D; FRL–6823–6] occurs. This action promulgates a I. General Information portion of the proposed SNUR originally A. Does this Action Apply to Me? RIN 2070–AD43 published in the Federal Register of October 18, 2000. This action also You may be potentially affected by Perfluoroalkyl Sulfonates; Significant removes from the SNUR two chemicals New Use Rule this action if you manufacture (defined that were listed erroneously in that by statute to include import) any of the AGENCY: Environmental Protection original proposal. Published elsewhere chemical substances that are listed in Agency (EPA). in today’s issue of the Federal Register Table 2 of this unit. Persons who intend is a supplemental proposed rule which ACTION: Final rule. to import any chemical substance addresses the remainder of the governed by a final SNUR are subject to SUMMARY: EPA is issuing a significant chemicals listed in the original the TSCA section 13 (15 U.S.C. 2612) new use rule (SNUR) under section proposed SNUR. import certification requirements, and 5(a)(2) of the Toxic Substances Control DATES: This final rule is effective on to the regulations codified at 19 CFR Act (TSCA) for 13 chemicals, including April 10, 2002. 12.118 through 12.127 and 12.728. polymers, that are derived from FOR FURTHER INFORMATION CONTACT: For Those persons must certify that they are perfluorooctanesulfonic acid (PFOSH) general information contact: Barbara in compliance with the SNUR and its higher and lower homologues. Cunningham, Acting Director, requirements. The EPA policy in These chemicals are collectively Environmental Assistance Division support of import certification appears referred to as perfluoroalkyl sulfonates, (7408M), Office of Pollution Prevention at 40 CFR part 707, subpart B. In or PFAS. This rule requires and Toxics, Environmental Protection addition, any persons who export or manufacturers and importers to notify Agency, 1200 Pennsylvania Ave., NW., intend to export any of the chemical EPA at least 90 days before commencing Washington, DC 20460; telephone substances listed in Table 2 of this unit the manufacture or import of these number: (202) 554–1404; e-mail address: are subject to the export notification chemical substances for the significant [email protected]. provisions of TSCA section 12(b) (15 new uses described in this document. For technical information contact: U.S.C. 2611(b)), and must comply with EPA believes that this action is Mary F. Dominiak, Chemical Control the export notification requirements in necessary because the PFAS component Division, (7405M), Office of Pollution 40 CFR 721.20 and 40 CFR part 707, of these chemical substances may be Prevention and Toxics, Environmental subpart D. Potentially affected hazardous to human health and the Protection Agency, 1200 Pennsylvania categories and entities may include, but environment. The required notice will Ave., NW., Washington, DC 20460; are not limited to:
TABLE 1.—POTENTIALLY AFFECTED ENTITIES
Categories NAICS codes Examples of potentially affected entities
Chemical Manufacturers or Importers 325 Persons who manufacture (defined by statute to include import) one or more of the subject chemical substances
Chemical Exporters 325 Persons who export, or intend to export, one or more of the subject chemical substances
This listing is not intended to be whether you or your business is affected rule. If you have any questions exhaustive, but rather provides a guide by this action, you should carefully regarding the applicability of this action for readers regarding entities likely to be examine the applicability provisions in to a particular entity, consult the affected by this action. Other types of 40 CFR 721.5 for SNUR-related technical person listed under FOR entities not listed in the table in this obligations. Also, consult Unit II. Note FURTHER INFORMATION CONTACT. unit could also be affected. The North that because this rule designates certain One chemical in Table 2 of this unit American Industrial Classification manufacturing and importing activities is identified by both premanufacture System (NAICS) codes have been as significant new uses, persons that notice (PMN) and Chemical Abstract provided to assist you and others in solely process existing stocks of the Service number (CAS No.). In the determining whether or not this action chemical substances that are covered by proposed SNUR, only the PMN applies to certain entities. To determine this action would not be subject to the appeared with the chemical.
TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS FINAL RULE
CAS No./PMN CAS Ninth Collective Index Name
2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS FINAL RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
57589–85-2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt
61660–12-6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-
67969–69-1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt
68608–14-0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4- isocyanatobenzene]
70776–36-2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl methacrylate
148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters
148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol
178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4- isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked
P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1- hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide
P–96–1645 Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters 306974–63–0
B. How Can I Get Additional those documents. The public version of chemicals had been referred to Information, Including Copies of this the official record does not include any collectively as perfluorooctyl sulfonates, Document or Other Related Documents? information claimed as CBI. The public or PFOS, but commenters noted that 1. Electronically. You may obtain version of the official record, which this generic usage of the term PFOS was electronic copies of this document, and includes printed, paper versions of any inconsistent with the use by the certain other related documents that electronic comments submitted during manufacturer, the Minnesota Mining might be available electronically, from an applicable comment period, is and Manufacturing Company (3M), of the EPA Internet Home Page at http:// available for inspection in the TSCA PFOS to refer only to chemicals with an www.epa.gov/. To access this document, Nonconfidential Information Center, eight-carbon, or C8, chain length. Many on the Home Page select ‘‘Laws and North East Mall Rm. B–607, Waterside of the chemicals in the SNUR include a Regulations,’’ ‘‘Regulations and Mall, 401 M St., SW., Washington, DC. range of carbon chain lengths, although Proposed Rules,’’ and then look up the The Center is open from noon to 4 p.m., they all include C8 within the range. entry for this document under the Monday through Friday, excluding legal Accordingly, EPA will use the generic ‘‘Federal Register—Environmental holidays. The telephone number for the term PFAS to refer to any carbon chain Documents.’’ You can also go directly to Center is (202) 260–7099. length, including higher and lower the Federal Register listings at http:// II. Background homologues as well as C8, and the term www.epa.gov/fedrgstr/. PFOS to represent only those chemical 2. In person. The Agency has A. What Action is the Agency Taking? substances which are predominantly C8. established an official record for this This rule requires persons to notify The significant new use described by action under docket control number EPA at least 90 days before commencing this document is: The manufacture or OPPTS–50639D. The official record the manufacture or import of the import for any use of any of the consists of the documents specifically chemical substances identified in Table chemicals listed in Table 2, Unit I.A., on referenced in this action, any public 2, Unit I.A., for the significant new use or after January 1, 2001. comments received during an applicable described in this document. The The chemical substances subject to comment period, and other information chemical substances identified in Table this SNUR are listed in Table 2, Unit related to this action, including any 2, Unit I.A., are 13 chemical substances, I.A. All of these chemical substances information claimed as Confidential including polymers, that are derived have the potential to degrade to PFOSH Business Information (CBI). This official from PFOSH and its homologues. These in the environment. Information also record includes the documents that are chemical substances are collectively suggests that these chemical substances physically located in the docket, as well referred to throughout this rule as PFAS. may be converted to PFOSH via as the documents that are referenced in In the original proposed SNUR, these incomplete oxidation during the
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incineration of PFOS-containing of the chemical substances listed in to the base amount of PFOS already materials. Once PFOSH has been Table 2, Unit I.A., were or are being detected in the environment around the released to the environment, it does not manufactured for, imported, or used in world, any new manufacture or import undergo further chemical (hydrolysis), any of the specific uses for which they for any use of these substances would microbial, or photolytic degradation. sought an exemption. also change the magnitude and duration PFOS is highly persistent in the This action also removes from the of exposure to PFOS, because PFOS has environment and has a strong tendency original proposed SNUR two chemicals been found to be both persistent and to bioaccumulate. Studies have found which were not included in the 3M bioaccumulative. No comments PFOS in very small quantities in the phaseout plan. These two chemicals submitted on the proposed SNUR blood of the general human population (CAS No. 148240–79–3 and CAS No. suggested that these specific substances as well as in wildlife, indicating that 148240–81–7) were listed in the might be produced or managed any exposure to the chemicals is originally proposed SNUR due to an differently than they were in the past if widespread, and recent tests have raised error by EPA in correlating information they were to be produced again, concerns about their potential provided by 3M with chemical identity particularly for their former uses, developmental, reproductive, and data furnished by the Chemical Abstract leading to the reasonable inference that systemic toxicity (Refs. 1, 2, and 3). Service. Comments submitted by 3M any new manufacture or importation of These facts, taken together, raise pointed out this error. EPA these substances for any use would concerns for long term potential adverse acknowledges that, because these two present hazard, exposure, and release effects in people and wildlife over time chemicals were not included in the 3M concerns similar to those which if PFOS should continue to be phaseout plan, they should not have prompted the promulgation of this produced, released, and built up in the been included in the original proposed SNUR. Accordingly, pursuant to TSCA environment. SNUR. Accordingly, these two section 5(a)(1)(B), EPA requires persons Based on all information available to chemicals are not subject to any current to submit a SNUN to EPA at least 90 EPA, including the comments filed on proposed or final SNUR, and thus days before they manufacture or import the proposed SNUR published in the would not be subject to any the chemical substances listed in Table Federal Register of October 18, 2000 (65 corresponding SNUR-related reporting 2 for any use (15 U.S.C. 2604 (a)(1)(B)). FR 62319) (FRL–6745–5), EPA believes obligations. As noted in the proposed SNUR, EPA that the chemical substances listed in Other chemicals originally included believes that the intent of TSCA section Table 2, Unit I.A., were manufactured in the two tables in the proposed SNUR 5(a)(1)(B) is best served by designating and imported in the United States only are addressed separately in a a use as a significant new use as of the by 3M (Refs. 4 and 5). 3M committed to supplemental proposed SNUR proposal date of the SNUR, rather than phase out these chemicals voluntarily published elsewhere in today’s issue of as of the effective date of the final rule. by discontinuing their manufacture on a the Federal Register. This final rule If uses begun after publication of the global basis by the end of December applies only to the specific chemical proposed SNUR were considered to be 2000, and 3M has confirmed that these substances listed in Table 2, Unit I.A., ongoing, rather than new, it would be chemicals were discontinued on on which no comments were received. difficult for EPA to establish SNUR schedule (Refs. 6 and 7). EPA believes B. What is the Agency’s Authority for notice requirements, because any person that any manufacture or import for any Taking this Action? could defeat the SNUR by initiating the use of these specific PFAS chemicals proposed significant new use before the occurring after 3M’s phase-out would Section 5(a)(2) of TSCA (15 U.S.C. rule became final, and then argue that thus be new. All manufactured PFAS 2604(a)(2)) authorizes EPA to determine the use was ongoing. has the potential to contribute to the that a use of a chemical substance is a Accordingly, persons who may have globally available reservoir of PFAS that ‘‘significant new use.’’ The Agency begun commercial manufacture or has resulted in the detectable levels of makes this determination by rule after import of the PFAS chemicals listed in PFOS in the general population and considering all relevant factors, Table 2, Unit I.A., for the significant wildlife. Any new manufacture or including those listed in TSCA section new uses listed in this final SNUR after import of the PFAS chemicals listed in 5(a)(2). These factors include the the proposal was published on October this rule, particularly for their historical, volume of a chemical substance’s 18, 2000, must stop that activity before high volume uses, would significantly production; the extent to which a use the effective date of this final rule. increase the magnitude and duration of changes the type, form, magnitude, or Persons who ceased those activities will exposure to these chemicals by adding duration of exposure to the substance; have to meet all SNUR notice to the existing burden of PFOS in the and the reasonably anticipated manner requirements and wait until the end of environment. of producing or otherwise managing the the notice review period, including all The chemical substances listed in substance. Once EPA makes this extensions, before engaging in any Table 2, Unit I.A., were principally determination and promulgates a SNUR, activities designated as significant new associated with uses in carpet, fabric, TSCA section 5(a)(1)(B) requires persons uses. If, however, persons who may leather, textile, and paper coatings. to submit a significant new use notice have begun commercial manufacture or None of the comments received on the (SNUN) to EPA at least 90 days before import of these chemical substances proposed SNUR addressed any of these they manufacture, import, or process the between the proposal and the effective uses or focused on these particular chemical substance for that significant date of the SNUR meet the conditions of substances. Although certain initial new use (15 U.S.C. 2604 (a)(1)(B)). advance compliance as codified at 40 comments filed on the proposed SNUR With respect to the chemical CFR 721.45(h), those persons will be sought blanket exemptions for specific substances listed in Table 2, Unit I.A., considered to have met the final SNUR uses of any chemical substances listed all production had ceased on or before requirements for those activities. in the proposed SNUR, including the December 31, 2000, as discussed in Unit ones covered by this final rule, II.A. Any new manufacture or import for III. References subsequent clarifications and additional any use following that date would thus These references have been placed in correspondence submitted to the docket significantly change the volume of the official record that was established by the commenters indicated that none production, which was zero. By adding under docket control number OPPTS–
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50639 for this rulemaking as indicated governments, nor does it involve or This action is not subject to Executive in Unit I.B.2. Reference documents impose any requirements that affect Order 13045, entitled Protection of identified with an Administrative Indian Tribes. Accordingly, the Children from Environmental Health Record number (AR) are cross-indexed requirements of section 3(b) of Risks and Safety Risks (62 FR 19885, to non-regulatory, publicly accessible Executive Order 13084, entitled April 23, 1997), because this is not an information files maintained in the Consultation and Coordination with economically significant regulatory TSCA Nonconfidential Information Indian Tribal Governments (63 FR action as defined by Executive Order Center. Copies of these documents can 276755, May 19, 1998), do not apply to 12866, and this action does not address be obtained as described in Unit I.B.2. this rule. Executive Order 13175, environmental health or safety risks 1. (AR226–0620) Sulfonated entitled Consultation and Coordination disproportionately affecting children. Perfluorochemicals in the Environment: with Indian Tribal Governments (65 FR In addition, since this action does not Sources, Dispersion, Fate, and Effects. 67249, November 6, 2000), which took involve any technical standards, section 3M. St. Paul, MN. March 1, 2000. effect on January 6, 2001, revokes 12(d) of the National Technology 2. (AR226–0547) The Science of Executive Order 13084 as of that date. Transfer and Advancement Act of 1995 Organic Fluorochemistry. 3M. St. Paul, EPA developed this rulemaking, (NTTAA), Public Law 104–113, section MN. February 5, 1999. however, during the period when 12(d) (15 U.S.C. 272 note), does not 3. (AR226–0548) Perfluorooctane Executive Order 13084 was in effect; apply to this action. Sulfonate: Current Summary of Human thus, EPA addressed tribal Pursuant to section 605(b) of the Sera, Health and Toxicology Data. 3M. considerations under Executive Order Regulatory Flexibility Act (RFA) (5 St. Paul, MN. January 21, 1999. 13084. For the same reasons stated for U.S.C. 601 et seq.), the Agency hereby 4. (AR226–0550) Fluorochemical Use, Executive Order 13084, the certifies that promulgation of this SNUR Distribution, and Release Overview. 3M. requirements of Executive Order 13175 will not have a significant adverse St. Paul, MN. May 26, 1999. do not apply to this rule either. Nor will economic impact on a substantial 5. Rice, Cody. Domestic this action have a substantial direct number of small entities. A SNUR Manufacturers or Importers of PFOS effect on States, on the relationship applies to any person (including small Chemicals Other Than 3M. USEPA/ between the national government and or large entities) who intends to engage OPPT/EETD. Washington, DC. August the States, or on the distribution of in any activity described in the rule as 31, 2000. power and responsibilities among the a ‘‘significant new use.’’ By definition of 6. (AR226–0600) Weppner, William various levels of government, as the word ‘‘new,’’ and based on all A. Phase-out Plan for POSF-Based specified in Executive Order 13132, information currently available to EPA, Products. 3M. St. Paul, MN. July 7, entitled Federalism (64 FR 43255, it appears that no small or large entities currently engage in such activity. Since 2000. August 10, 1999). 7. (AR226–0997) Santoro, Mike. E- a SNUR requires merely that any person This rule is not subject to Executive mail to Charles Auer, Production of who intends to engage in such activity Order 13211, entitled Actions PFOS Derivatives. 3M. St. Paul, MN. in the future must first notify EPA (by Concerning Regulations That March 2, 2001. submitting a SNUN), no economic Significantly Affect Energy Supply, impact will even occur until someone IV. Regulatory Assessment Distribution, or Use (66 FR 28355, May decides to engage in those activities. As Requirements 22, 2001), because this action is not a voluntary action, it is reasonable to Under Executive Order 12866, expected to affect energy supply, presume that this decision would be entitled Regulatory Planning and distribution, or use. based on a determination by the person Review (58 FR 51735, October 4, 1993), In issuing this rule, EPA has taken the submitting the SNUN that the potential the Office of Management and Budget necessary steps to eliminate drafting benefits would outweigh the costs. (OMB) has determined that SNURs are errors and ambiguity, minimize Although some small entities may not a ‘‘significant regulatory action’’ potential litigation, and provide a clear decide to conduct such activities in the subject to review by OMB, because legal standard for affected conduct, as future, EPA cannot presently determine SNURs do not meet the criteria in required by section 3 of Executive Order how many, if any, there may be. EPA’s section 3(f) of the Executive order. 12988, entitled Civil Justice Reform (61 experience to date is that, in response to Based on EPA’s experience with past FR 4729, February 7, 1996). the promulgation of over 530 SNURs, SNURs, State, local, and tribal EPA has complied with Executive the Agency has received fewer than 15 governments have not been impacted by Order 12630, entitled Governmental SNUNs. Of those SNUNs submitted, these rules, and EPA does not have any Actions and Interference with none appear to be from small entities. In reasons to believe that any State, local, Constitutionally Protected Property fact, EPA expects to receive few, if any, or tribal government will be impacted Rights (53 FR 8859, March 15, 1988), by SNUNs from either large or small by this rule. As such, EPA has examining the takings implications of entities in response to any SNUR. determined that this regulatory action this rule in accordance with the Therefore, EPA believes that the does not impose any enforceable duty, ‘‘Attorney General’s Supplemental economic impact of complying with a contain any unfunded mandate, or Guidelines for the Evaluation of Risk SNUR is not expected to be significant otherwise have any effect on small and Avoidance of Unanticipated or adversely impact a substantial governments subject to the requirements Takings’’ issued under the Executive number of small entities. This rationale of sections 202, 203, 204, or 205 of the Order. has been provided to the Chief Counsel Unfunded Mandates Reform Act of 1995 This action does not involve special for Advocacy of the Small Business (UMRA) (Public Law 104–4). considerations of environmental justice Administration. This rule does not have tribal related issues as required by Executive According to the Paperwork implications because it is not expected Order 12898, entitled Federal Actions to Reduction Act (PRA), 44 U.S.C. 3501 et to have substantial direct effects on Address Environmental Justice in seq., an agency may not conduct or Indian Tribes. This does not Minority Populations and Low-Income sponsor, and a person is not required to significantly or uniquely affect the Populations (59 FR 7629, February 16, respond to a collection of information communities of Indian tribal 1994). that requires OMB approval under the
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PRA, unless it has been approved by Send any comments about the ‘‘major rule’’ as defined by 5 U.S.C. OMB and displays a currently valid accuracy of the burden estimate, and 804(2). OMB control number. The OMB control any suggested methods for minimizing numbers for EPA’s regulations, after respondent burden, including through List of Subjects in 40 CFR Part 721 initial display in the Federal Register the use of automated collection Environmental protection, Chemicals, and in addition to its display on any techniques to the Director, Collection Hazardous materials, Reporting and related collection instrument, are listed Strategies Division, Office of recordkeeping requirements, Significant in 40 CFR part 9. Environmental Information, new uses. The information collection Environmental Protection Agency requirements related to this action have (2822), 1200 Pennsylvania Ave., NW., Dated: March 4, 2002. already been approved by OMB Washington, DC 20460. Please William H. Sanders, III, pursuant to the PRA under OMB control remember to include the OMB control Director, Office of Pollution Prevention and number 2070–0038 (EPA ICR No. number in any correspondence, but do Toxics. 1188.06). This action does not impose not submit any completed forms to this any burden requiring additional OMB Therefore, 40 CFR chapter I is address. approval. If an entity were to submit a amended as follows: SNUN to the Agency, the annual burden V. Submission to Congress and the PART 721—[AMENDED] is estimated to average between 98.96 Comptroller General and 118.92 hours per response at an 1. The authority citation for part 721 estimated reporting cost of between The Congressional Review Act, 5 continues to read as follows: U.S.C. 801 et seq., as added by the Small $5,957 and $7,192 per SNUN. This Authority: 15 U.S.C. 2604, 2607, and burden estimate includes the time Business Regulatory Enforcement 2625(c). needed to review instructions, search Fairness Act of 1996, generally provides existing data sources, gather and that before a rule may take effect, the 2. By adding new § 721.9582 to maintain the data needed, and Agency promulgating the rule must subpart E to read as follows: complete, review and submit the submit a rule report, which includes a required SNUN, and maintain the copy of the rule, to each House of the § 721.9582 Certain perfluoroalkyl required records. This burden estimate Congress and the Comptroller General of sulfonates. does not include 1 hour of technical the United States. EPA will submit a (a) Chemical substances and time at $64.30 per hour estimated to be report containing this rule and other significant new uses subject to reporting. required for customer notification of required information to the U.S. Senate, (1) The chemical substances listed in SNUR requirements, or the $2,500 user the U.S. House of Representatives, and Table 1 of this paragraph are subject to fee for submission of a SNUN ($100 for the Comptroller General of the United reporting under this section for the businesses with less than $40 million in States prior to publication of the rule in significant new uses described in annual sales). the Federal Register. This rule is not a paragraph (a)(2) of this section.
TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001
CAS No./PMN CAS Ninth Collective Index Name
2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1- ethanediyl)]tris[N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt
57589–85–2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt
61660–12–6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-
67969–69–1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt
68608–14–0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4- isocyanatobenzene]
70776–36–2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl methacrylate
148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters
148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol
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TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001—Continued
CAS No./PMN CAS Ninth Collective Index Name
178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4- isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked
P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1- hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide
P–96–1645 Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters 306974–63–0
(2) The significant new uses are: paragraph (a)(1) of this section on or (b) [Reserved] (i) Any manufacture or import for any after January 1, 2001. [FR Doc. 02–5746 Filed 3–8–02; 8:45 am] use of any chemical listed in Table 1 of (ii) [Reserved] BILLING CODE 6560–50–S
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Part III
Environmental Protection Agency 40 CFR Part 721 Perfluoroalkyl Sulfonates; Significant New Use Rule; Final Rule and Supplemental Proposed Rule
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ENVIRONMENTAL PROTECTION provide EPA with the opportunity to telephone number: (202) 564–8104; e- AGENCY evaluate an intended new use and mail address: [email protected]. associated activities and, if necessary, to SUPPLEMENTARY INFORMATION: 40 CFR Part 721 prohibit or limit that activity before it [OPPTS–50639D; FRL–6823–6] occurs. This action promulgates a I. General Information portion of the proposed SNUR originally A. Does this Action Apply to Me? RIN 2070–AD43 published in the Federal Register of October 18, 2000. This action also You may be potentially affected by Perfluoroalkyl Sulfonates; Significant removes from the SNUR two chemicals New Use Rule this action if you manufacture (defined that were listed erroneously in that by statute to include import) any of the AGENCY: Environmental Protection original proposal. Published elsewhere chemical substances that are listed in Agency (EPA). in today’s issue of the Federal Register Table 2 of this unit. Persons who intend is a supplemental proposed rule which ACTION: Final rule. to import any chemical substance addresses the remainder of the governed by a final SNUR are subject to SUMMARY: EPA is issuing a significant chemicals listed in the original the TSCA section 13 (15 U.S.C. 2612) new use rule (SNUR) under section proposed SNUR. import certification requirements, and 5(a)(2) of the Toxic Substances Control DATES: This final rule is effective on to the regulations codified at 19 CFR Act (TSCA) for 13 chemicals, including April 10, 2002. 12.118 through 12.127 and 12.728. polymers, that are derived from FOR FURTHER INFORMATION CONTACT: For Those persons must certify that they are perfluorooctanesulfonic acid (PFOSH) general information contact: Barbara in compliance with the SNUR and its higher and lower homologues. Cunningham, Acting Director, requirements. The EPA policy in These chemicals are collectively Environmental Assistance Division support of import certification appears referred to as perfluoroalkyl sulfonates, (7408M), Office of Pollution Prevention at 40 CFR part 707, subpart B. In or PFAS. This rule requires and Toxics, Environmental Protection addition, any persons who export or manufacturers and importers to notify Agency, 1200 Pennsylvania Ave., NW., intend to export any of the chemical EPA at least 90 days before commencing Washington, DC 20460; telephone substances listed in Table 2 of this unit the manufacture or import of these number: (202) 554–1404; e-mail address: are subject to the export notification chemical substances for the significant [email protected]. provisions of TSCA section 12(b) (15 new uses described in this document. For technical information contact: U.S.C. 2611(b)), and must comply with EPA believes that this action is Mary F. Dominiak, Chemical Control the export notification requirements in necessary because the PFAS component Division, (7405M), Office of Pollution 40 CFR 721.20 and 40 CFR part 707, of these chemical substances may be Prevention and Toxics, Environmental subpart D. Potentially affected hazardous to human health and the Protection Agency, 1200 Pennsylvania categories and entities may include, but environment. The required notice will Ave., NW., Washington, DC 20460; are not limited to:
TABLE 1.—POTENTIALLY AFFECTED ENTITIES
Categories NAICS codes Examples of potentially affected entities
Chemical Manufacturers or Importers 325 Persons who manufacture (defined by statute to include import) one or more of the subject chemical substances
Chemical Exporters 325 Persons who export, or intend to export, one or more of the subject chemical substances
This listing is not intended to be whether you or your business is affected rule. If you have any questions exhaustive, but rather provides a guide by this action, you should carefully regarding the applicability of this action for readers regarding entities likely to be examine the applicability provisions in to a particular entity, consult the affected by this action. Other types of 40 CFR 721.5 for SNUR-related technical person listed under FOR entities not listed in the table in this obligations. Also, consult Unit II. Note FURTHER INFORMATION CONTACT. unit could also be affected. The North that because this rule designates certain One chemical in Table 2 of this unit American Industrial Classification manufacturing and importing activities is identified by both premanufacture System (NAICS) codes have been as significant new uses, persons that notice (PMN) and Chemical Abstract provided to assist you and others in solely process existing stocks of the Service number (CAS No.). In the determining whether or not this action chemical substances that are covered by proposed SNUR, only the PMN applies to certain entities. To determine this action would not be subject to the appeared with the chemical.
TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS FINAL RULE
CAS No./PMN CAS Ninth Collective Index Name
2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS FINAL RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
57589–85-2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt
61660–12-6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-
67969–69-1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt
68608–14-0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4- isocyanatobenzene]
70776–36-2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl methacrylate
148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters
148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol
178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4- isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked
P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1- hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide
P–96–1645 Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters 306974–63–0
B. How Can I Get Additional those documents. The public version of chemicals had been referred to Information, Including Copies of this the official record does not include any collectively as perfluorooctyl sulfonates, Document or Other Related Documents? information claimed as CBI. The public or PFOS, but commenters noted that 1. Electronically. You may obtain version of the official record, which this generic usage of the term PFOS was electronic copies of this document, and includes printed, paper versions of any inconsistent with the use by the certain other related documents that electronic comments submitted during manufacturer, the Minnesota Mining might be available electronically, from an applicable comment period, is and Manufacturing Company (3M), of the EPA Internet Home Page at http:// available for inspection in the TSCA PFOS to refer only to chemicals with an www.epa.gov/. To access this document, Nonconfidential Information Center, eight-carbon, or C8, chain length. Many on the Home Page select ‘‘Laws and North East Mall Rm. B–607, Waterside of the chemicals in the SNUR include a Regulations,’’ ‘‘Regulations and Mall, 401 M St., SW., Washington, DC. range of carbon chain lengths, although Proposed Rules,’’ and then look up the The Center is open from noon to 4 p.m., they all include C8 within the range. entry for this document under the Monday through Friday, excluding legal Accordingly, EPA will use the generic ‘‘Federal Register—Environmental holidays. The telephone number for the term PFAS to refer to any carbon chain Documents.’’ You can also go directly to Center is (202) 260–7099. length, including higher and lower the Federal Register listings at http:// II. Background homologues as well as C8, and the term www.epa.gov/fedrgstr/. PFOS to represent only those chemical 2. In person. The Agency has A. What Action is the Agency Taking? substances which are predominantly C8. established an official record for this This rule requires persons to notify The significant new use described by action under docket control number EPA at least 90 days before commencing this document is: The manufacture or OPPTS–50639D. The official record the manufacture or import of the import for any use of any of the consists of the documents specifically chemical substances identified in Table chemicals listed in Table 2, Unit I.A., on referenced in this action, any public 2, Unit I.A., for the significant new use or after January 1, 2001. comments received during an applicable described in this document. The The chemical substances subject to comment period, and other information chemical substances identified in Table this SNUR are listed in Table 2, Unit related to this action, including any 2, Unit I.A., are 13 chemical substances, I.A. All of these chemical substances information claimed as Confidential including polymers, that are derived have the potential to degrade to PFOSH Business Information (CBI). This official from PFOSH and its homologues. These in the environment. Information also record includes the documents that are chemical substances are collectively suggests that these chemical substances physically located in the docket, as well referred to throughout this rule as PFAS. may be converted to PFOSH via as the documents that are referenced in In the original proposed SNUR, these incomplete oxidation during the
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incineration of PFOS-containing of the chemical substances listed in to the base amount of PFOS already materials. Once PFOSH has been Table 2, Unit I.A., were or are being detected in the environment around the released to the environment, it does not manufactured for, imported, or used in world, any new manufacture or import undergo further chemical (hydrolysis), any of the specific uses for which they for any use of these substances would microbial, or photolytic degradation. sought an exemption. also change the magnitude and duration PFOS is highly persistent in the This action also removes from the of exposure to PFOS, because PFOS has environment and has a strong tendency original proposed SNUR two chemicals been found to be both persistent and to bioaccumulate. Studies have found which were not included in the 3M bioaccumulative. No comments PFOS in very small quantities in the phaseout plan. These two chemicals submitted on the proposed SNUR blood of the general human population (CAS No. 148240–79–3 and CAS No. suggested that these specific substances as well as in wildlife, indicating that 148240–81–7) were listed in the might be produced or managed any exposure to the chemicals is originally proposed SNUR due to an differently than they were in the past if widespread, and recent tests have raised error by EPA in correlating information they were to be produced again, concerns about their potential provided by 3M with chemical identity particularly for their former uses, developmental, reproductive, and data furnished by the Chemical Abstract leading to the reasonable inference that systemic toxicity (Refs. 1, 2, and 3). Service. Comments submitted by 3M any new manufacture or importation of These facts, taken together, raise pointed out this error. EPA these substances for any use would concerns for long term potential adverse acknowledges that, because these two present hazard, exposure, and release effects in people and wildlife over time chemicals were not included in the 3M concerns similar to those which if PFOS should continue to be phaseout plan, they should not have prompted the promulgation of this produced, released, and built up in the been included in the original proposed SNUR. Accordingly, pursuant to TSCA environment. SNUR. Accordingly, these two section 5(a)(1)(B), EPA requires persons Based on all information available to chemicals are not subject to any current to submit a SNUN to EPA at least 90 EPA, including the comments filed on proposed or final SNUR, and thus days before they manufacture or import the proposed SNUR published in the would not be subject to any the chemical substances listed in Table Federal Register of October 18, 2000 (65 corresponding SNUR-related reporting 2 for any use (15 U.S.C. 2604 (a)(1)(B)). FR 62319) (FRL–6745–5), EPA believes obligations. As noted in the proposed SNUR, EPA that the chemical substances listed in Other chemicals originally included believes that the intent of TSCA section Table 2, Unit I.A., were manufactured in the two tables in the proposed SNUR 5(a)(1)(B) is best served by designating and imported in the United States only are addressed separately in a a use as a significant new use as of the by 3M (Refs. 4 and 5). 3M committed to supplemental proposed SNUR proposal date of the SNUR, rather than phase out these chemicals voluntarily published elsewhere in today’s issue of as of the effective date of the final rule. by discontinuing their manufacture on a the Federal Register. This final rule If uses begun after publication of the global basis by the end of December applies only to the specific chemical proposed SNUR were considered to be 2000, and 3M has confirmed that these substances listed in Table 2, Unit I.A., ongoing, rather than new, it would be chemicals were discontinued on on which no comments were received. difficult for EPA to establish SNUR schedule (Refs. 6 and 7). EPA believes B. What is the Agency’s Authority for notice requirements, because any person that any manufacture or import for any Taking this Action? could defeat the SNUR by initiating the use of these specific PFAS chemicals proposed significant new use before the occurring after 3M’s phase-out would Section 5(a)(2) of TSCA (15 U.S.C. rule became final, and then argue that thus be new. All manufactured PFAS 2604(a)(2)) authorizes EPA to determine the use was ongoing. has the potential to contribute to the that a use of a chemical substance is a Accordingly, persons who may have globally available reservoir of PFAS that ‘‘significant new use.’’ The Agency begun commercial manufacture or has resulted in the detectable levels of makes this determination by rule after import of the PFAS chemicals listed in PFOS in the general population and considering all relevant factors, Table 2, Unit I.A., for the significant wildlife. Any new manufacture or including those listed in TSCA section new uses listed in this final SNUR after import of the PFAS chemicals listed in 5(a)(2). These factors include the the proposal was published on October this rule, particularly for their historical, volume of a chemical substance’s 18, 2000, must stop that activity before high volume uses, would significantly production; the extent to which a use the effective date of this final rule. increase the magnitude and duration of changes the type, form, magnitude, or Persons who ceased those activities will exposure to these chemicals by adding duration of exposure to the substance; have to meet all SNUR notice to the existing burden of PFOS in the and the reasonably anticipated manner requirements and wait until the end of environment. of producing or otherwise managing the the notice review period, including all The chemical substances listed in substance. Once EPA makes this extensions, before engaging in any Table 2, Unit I.A., were principally determination and promulgates a SNUR, activities designated as significant new associated with uses in carpet, fabric, TSCA section 5(a)(1)(B) requires persons uses. If, however, persons who may leather, textile, and paper coatings. to submit a significant new use notice have begun commercial manufacture or None of the comments received on the (SNUN) to EPA at least 90 days before import of these chemical substances proposed SNUR addressed any of these they manufacture, import, or process the between the proposal and the effective uses or focused on these particular chemical substance for that significant date of the SNUR meet the conditions of substances. Although certain initial new use (15 U.S.C. 2604 (a)(1)(B)). advance compliance as codified at 40 comments filed on the proposed SNUR With respect to the chemical CFR 721.45(h), those persons will be sought blanket exemptions for specific substances listed in Table 2, Unit I.A., considered to have met the final SNUR uses of any chemical substances listed all production had ceased on or before requirements for those activities. in the proposed SNUR, including the December 31, 2000, as discussed in Unit ones covered by this final rule, II.A. Any new manufacture or import for III. References subsequent clarifications and additional any use following that date would thus These references have been placed in correspondence submitted to the docket significantly change the volume of the official record that was established by the commenters indicated that none production, which was zero. By adding under docket control number OPPTS–
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50639 for this rulemaking as indicated governments, nor does it involve or This action is not subject to Executive in Unit I.B.2. Reference documents impose any requirements that affect Order 13045, entitled Protection of identified with an Administrative Indian Tribes. Accordingly, the Children from Environmental Health Record number (AR) are cross-indexed requirements of section 3(b) of Risks and Safety Risks (62 FR 19885, to non-regulatory, publicly accessible Executive Order 13084, entitled April 23, 1997), because this is not an information files maintained in the Consultation and Coordination with economically significant regulatory TSCA Nonconfidential Information Indian Tribal Governments (63 FR action as defined by Executive Order Center. Copies of these documents can 276755, May 19, 1998), do not apply to 12866, and this action does not address be obtained as described in Unit I.B.2. this rule. Executive Order 13175, environmental health or safety risks 1. (AR226–0620) Sulfonated entitled Consultation and Coordination disproportionately affecting children. Perfluorochemicals in the Environment: with Indian Tribal Governments (65 FR In addition, since this action does not Sources, Dispersion, Fate, and Effects. 67249, November 6, 2000), which took involve any technical standards, section 3M. St. Paul, MN. March 1, 2000. effect on January 6, 2001, revokes 12(d) of the National Technology 2. (AR226–0547) The Science of Executive Order 13084 as of that date. Transfer and Advancement Act of 1995 Organic Fluorochemistry. 3M. St. Paul, EPA developed this rulemaking, (NTTAA), Public Law 104–113, section MN. February 5, 1999. however, during the period when 12(d) (15 U.S.C. 272 note), does not 3. (AR226–0548) Perfluorooctane Executive Order 13084 was in effect; apply to this action. Sulfonate: Current Summary of Human thus, EPA addressed tribal Pursuant to section 605(b) of the Sera, Health and Toxicology Data. 3M. considerations under Executive Order Regulatory Flexibility Act (RFA) (5 St. Paul, MN. January 21, 1999. 13084. For the same reasons stated for U.S.C. 601 et seq.), the Agency hereby 4. (AR226–0550) Fluorochemical Use, Executive Order 13084, the certifies that promulgation of this SNUR Distribution, and Release Overview. 3M. requirements of Executive Order 13175 will not have a significant adverse St. Paul, MN. May 26, 1999. do not apply to this rule either. Nor will economic impact on a substantial 5. Rice, Cody. Domestic this action have a substantial direct number of small entities. A SNUR Manufacturers or Importers of PFOS effect on States, on the relationship applies to any person (including small Chemicals Other Than 3M. USEPA/ between the national government and or large entities) who intends to engage OPPT/EETD. Washington, DC. August the States, or on the distribution of in any activity described in the rule as 31, 2000. power and responsibilities among the a ‘‘significant new use.’’ By definition of 6. (AR226–0600) Weppner, William various levels of government, as the word ‘‘new,’’ and based on all A. Phase-out Plan for POSF-Based specified in Executive Order 13132, information currently available to EPA, Products. 3M. St. Paul, MN. July 7, entitled Federalism (64 FR 43255, it appears that no small or large entities currently engage in such activity. Since 2000. August 10, 1999). 7. (AR226–0997) Santoro, Mike. E- a SNUR requires merely that any person This rule is not subject to Executive mail to Charles Auer, Production of who intends to engage in such activity Order 13211, entitled Actions PFOS Derivatives. 3M. St. Paul, MN. in the future must first notify EPA (by Concerning Regulations That March 2, 2001. submitting a SNUN), no economic Significantly Affect Energy Supply, impact will even occur until someone IV. Regulatory Assessment Distribution, or Use (66 FR 28355, May decides to engage in those activities. As Requirements 22, 2001), because this action is not a voluntary action, it is reasonable to Under Executive Order 12866, expected to affect energy supply, presume that this decision would be entitled Regulatory Planning and distribution, or use. based on a determination by the person Review (58 FR 51735, October 4, 1993), In issuing this rule, EPA has taken the submitting the SNUN that the potential the Office of Management and Budget necessary steps to eliminate drafting benefits would outweigh the costs. (OMB) has determined that SNURs are errors and ambiguity, minimize Although some small entities may not a ‘‘significant regulatory action’’ potential litigation, and provide a clear decide to conduct such activities in the subject to review by OMB, because legal standard for affected conduct, as future, EPA cannot presently determine SNURs do not meet the criteria in required by section 3 of Executive Order how many, if any, there may be. EPA’s section 3(f) of the Executive order. 12988, entitled Civil Justice Reform (61 experience to date is that, in response to Based on EPA’s experience with past FR 4729, February 7, 1996). the promulgation of over 530 SNURs, SNURs, State, local, and tribal EPA has complied with Executive the Agency has received fewer than 15 governments have not been impacted by Order 12630, entitled Governmental SNUNs. Of those SNUNs submitted, these rules, and EPA does not have any Actions and Interference with none appear to be from small entities. In reasons to believe that any State, local, Constitutionally Protected Property fact, EPA expects to receive few, if any, or tribal government will be impacted Rights (53 FR 8859, March 15, 1988), by SNUNs from either large or small by this rule. As such, EPA has examining the takings implications of entities in response to any SNUR. determined that this regulatory action this rule in accordance with the Therefore, EPA believes that the does not impose any enforceable duty, ‘‘Attorney General’s Supplemental economic impact of complying with a contain any unfunded mandate, or Guidelines for the Evaluation of Risk SNUR is not expected to be significant otherwise have any effect on small and Avoidance of Unanticipated or adversely impact a substantial governments subject to the requirements Takings’’ issued under the Executive number of small entities. This rationale of sections 202, 203, 204, or 205 of the Order. has been provided to the Chief Counsel Unfunded Mandates Reform Act of 1995 This action does not involve special for Advocacy of the Small Business (UMRA) (Public Law 104–4). considerations of environmental justice Administration. This rule does not have tribal related issues as required by Executive According to the Paperwork implications because it is not expected Order 12898, entitled Federal Actions to Reduction Act (PRA), 44 U.S.C. 3501 et to have substantial direct effects on Address Environmental Justice in seq., an agency may not conduct or Indian Tribes. This does not Minority Populations and Low-Income sponsor, and a person is not required to significantly or uniquely affect the Populations (59 FR 7629, February 16, respond to a collection of information communities of Indian tribal 1994). that requires OMB approval under the
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PRA, unless it has been approved by Send any comments about the ‘‘major rule’’ as defined by 5 U.S.C. OMB and displays a currently valid accuracy of the burden estimate, and 804(2). OMB control number. The OMB control any suggested methods for minimizing numbers for EPA’s regulations, after respondent burden, including through List of Subjects in 40 CFR Part 721 initial display in the Federal Register the use of automated collection Environmental protection, Chemicals, and in addition to its display on any techniques to the Director, Collection Hazardous materials, Reporting and related collection instrument, are listed Strategies Division, Office of recordkeeping requirements, Significant in 40 CFR part 9. Environmental Information, new uses. The information collection Environmental Protection Agency requirements related to this action have (2822), 1200 Pennsylvania Ave., NW., Dated: March 4, 2002. already been approved by OMB Washington, DC 20460. Please William H. Sanders, III, pursuant to the PRA under OMB control remember to include the OMB control Director, Office of Pollution Prevention and number 2070–0038 (EPA ICR No. number in any correspondence, but do Toxics. 1188.06). This action does not impose not submit any completed forms to this any burden requiring additional OMB Therefore, 40 CFR chapter I is address. approval. If an entity were to submit a amended as follows: SNUN to the Agency, the annual burden V. Submission to Congress and the PART 721—[AMENDED] is estimated to average between 98.96 Comptroller General and 118.92 hours per response at an 1. The authority citation for part 721 estimated reporting cost of between The Congressional Review Act, 5 continues to read as follows: U.S.C. 801 et seq., as added by the Small $5,957 and $7,192 per SNUN. This Authority: 15 U.S.C. 2604, 2607, and burden estimate includes the time Business Regulatory Enforcement 2625(c). needed to review instructions, search Fairness Act of 1996, generally provides existing data sources, gather and that before a rule may take effect, the 2. By adding new § 721.9582 to maintain the data needed, and Agency promulgating the rule must subpart E to read as follows: complete, review and submit the submit a rule report, which includes a required SNUN, and maintain the copy of the rule, to each House of the § 721.9582 Certain perfluoroalkyl required records. This burden estimate Congress and the Comptroller General of sulfonates. does not include 1 hour of technical the United States. EPA will submit a (a) Chemical substances and time at $64.30 per hour estimated to be report containing this rule and other significant new uses subject to reporting. required for customer notification of required information to the U.S. Senate, (1) The chemical substances listed in SNUR requirements, or the $2,500 user the U.S. House of Representatives, and Table 1 of this paragraph are subject to fee for submission of a SNUN ($100 for the Comptroller General of the United reporting under this section for the businesses with less than $40 million in States prior to publication of the rule in significant new uses described in annual sales). the Federal Register. This rule is not a paragraph (a)(2) of this section.
TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001
CAS No./PMN CAS Ninth Collective Index Name
2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1- ethanediyl)]tris[N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt
57589–85–2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt
61660–12–6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-
67969–69–1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt
68608–14–0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4- isocyanatobenzene]
70776–36–2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl methacrylate
148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters
148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol
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TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001—Continued
CAS No./PMN CAS Ninth Collective Index Name
178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4- isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked
P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1- hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide
P–96–1645 Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters 306974–63–0
(2) The significant new uses are: paragraph (a)(1) of this section on or (b) [Reserved] (i) Any manufacture or import for any after January 1, 2001. [FR Doc. 02–5746 Filed 3–8–02; 8:45 am] use of any chemical listed in Table 1 of (ii) [Reserved] BILLING CODE 6560–50–S
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ENVIRONMENTAL PROTECTION chemicals to which this proposed SNUR For technical information contact: AGENCY would apply, and clarifies the Mary F. Dominiak, Chemical Control definitions of significant new uses. EPA Division (7405M), Environmental 40 CFR Part 721 believes that this action is necessary Protection Agency, 1200 Pennsylvania [OPPTS–50639C; FRL–6823–7] because the PFAS component of these Ave., NW., Washington, DC 20460; chemical substances may be hazardous telephone number: (202) 564–8104; e- RIN 2070–AD43 to human health and the environment. mail address: [email protected]. The required notice will provide EPA Perfluoroalkyl Sulfonates; Proposed with the opportunity to evaluate an SUPPLEMENTARY INFORMATION: Significant New Use Rule intended new use and associated I. General Information AGENCY: Environmental Protection activities and, if necessary, to prohibit Agency (EPA). or limit that activity before it occurs. A. Does this Action Apply to Me? Published elsewhere in today’s issue of ACTION: Supplemental proposed rule. the Federal Register is a final rule You may be potentially affected by this action if you manufacture (defined SUMMARY: EPA is proposing a which addresses the remainder of the supplemental significant new use rule chemicals listed in the original by statute to include import) any of the (SNUR) under section 5(a)(2) of the proposed SNUR. chemical substances that are listed in Toxic Substances Control Act (TSCA) DATES: Comments, identified by docket Table 2 of this unit. Persons who intend for the following 75 substances: control number OPPTS–50639C, must to import any chemical substance Perfluorooctanesulfonic acid (PFOSH) be received on or before April 10, 2002. governed by a final SNUR are subject to and certain of its salts (PFOSS), ADDRESSES: Comments may be the TSCA section 13 (15 U.S.C. 2612) perfluorooctanesulfonyl fluoride submitted by mail, electronically, or in import certification requirements, and (POSF), certain higher and lower person. Please follow the detailed to the regulations codified at 19 CFR homologues of PFOSH and POSF, and instructions for each method as 12.118 through 12.127 and 12.728. certain other chemical substances, provided in Unit I. of the Those persons must certify that they are including polymers, that are derived SUPPLEMENTARY INFORMATION. To ensure in compliance with the SNUR from PFOSH and its homologues. These proper receipt by EPA, it is imperative requirements. The EPA policy in chemicals are collectively referred to as that you identify docket control number support of import certification appears perfluoroalkyl sulfonates, or PFAS. This OPPTS–50639C in the subject line on at 40 CFR part 707, subpart B. In proposed rule would require the first page of your response. addition, any persons who export or manufacturers and importers to notify FOR FURTHER INFORMATION CONTACT: For intend to export any of the chemical EPA at least 90 days before commencing general information contact: Barbara substances listed in Table 2 of this unit the manufacture or import of these Cunningham, Acting Director, are subject to the export notification chemical substances for the significant Environmental Assistance Division provisions of TSCA section 12(b) (15 new uses described in this document. (74080), Office of Pollution Prevention U.S.C. 2611(b)), and must comply with This supplemental action takes into and Toxics, Environmental Protection the export notification requirements in account comments received on an Agency, 1200 Pennsylvania Ave., NW., 40 CFR 721.20 and 40 CFR part 707, earlier proposed SNUR published in the Washington, DC 20460; telephone subpart D. Potentially affected Federal Register of October 18, 2000, number: (202) 554–1404; e-mail address: categories and entities may include, but amends the description and the list of [email protected]. are not limited to:
TABLE 1.—POTENTIALLY AFFECTED ENTITIES
Categories NAICS codes Examples of potentially affected entities
Chemical Manufacturers or Importers 325 Persons who manufacture (defined by statute to include import) one or more of the subject chemical substances
Chemical Exporters 325 Persons who export, or intend to export, one or more of the subject chemical substances
This listing is not intended to be determining whether or not this action particular entity, consult the technical exhaustive, but rather provides a guide applies to certain entities. To determine person listed under FOR FURTHER for readers regarding entities likely to be whether you or your business is affected INFORMATION CONTACT. affected by this action. Other types of by this action, you should carefully Some chemicals in Table 2 of this unit entities not listed in Table 1 of this unit examine the applicability provisions in are identified by both premanufacture could also be affected. The North 40 CFR 721.5 for SNUR-related notice (PMN) and Chemical Abstract American Industrial Classification obligations. Also, consult Unit III. If you Service numbers (CAS No.). In the System (NAICS) codes have been have any questions regarding the original proposed SNUR, only the PMN provided to assist you and others in applicability of this action to a appeared with those chemicals.
TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE
CAS No./PMN CAS Ninth Collective Index Name
307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
307–51–7 1-Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-
376–14–7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
383–07–3 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
423–50–7 1-Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
423–82–5 2-Propenoic acid, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
754–91–6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
1652–63–7 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide
1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-
1763–23–1 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
2795–39–3 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt
2991–51–7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt
4151–50–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
14650–24–9 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
17202–41–4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro-, ammonium salt
24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-N-methyl-
25268–77–3 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
29081–56–9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, ammonium salt
29117–08–6 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy-
29457–72–5 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, lithium salt
31506–32–8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-
38006–74–5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, chloride
38850–58–7 1-Propanaminium, N-(2-hydroxyethyl)-N,N-dimethyl-3-[(3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-, inner salt
55120–77–9 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, lithium salt
67584–42–3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt
67906–42–7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-, ammonium salt
68156–01–4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt
68298–62–4 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2- propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol
68329–56–6 2-Propenoic acid, eicosyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, hexadecyl 2-propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and octadecyl 2-propenoate
68541–80–0 2-Propenoic acid, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-propenoate
68555–90–8 2-Propenoic acid, butyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
68555–91–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino] ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68555–92–0 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68586–14–1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, telomer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.- hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1-oxo-2-pro- penyl)oxy]poly(oxy-1,2-ethanediyl), 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2-[methyl[ (tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol
68649–26–3 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-, reac- tion products with N-ethyl-1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-hydroxyethyl)-1-butanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-1-hexanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-1-pentanesulfonamide, polymethylenepolyphenylene isocyanate and stearyl alc.
68891–96–3 Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]glycinato-.kappa.O:.kappa.O’]]- .mu.-hydroxybis(2-methyl-1-propanol)di-
68867–60–7 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and .alpha.-(1-oxo-2-propenyl)-.omega.- methoxypoly (oxy-1,2-ethanediyl)
68867–62–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 1-octanethiol and .alpha.-(1-oxo-2- propenyl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)
68909–15–9 2-Propenoic acid, eicosyl ester, polymers with branched octyl acrylate, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate, 2-[methyl [(nonafluorobutyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ac- rylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl acrylate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate Me ether and ste- aryl acrylate
68958–61–2 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-methoxy-
70225–14–8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with 2,2’-iminobis[ethanol] (1:1)
71487–20–2 2-Propenoic acid, 2-methyl-, methyl ester, polymer with ethenylbenzene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 2-propenoic acid
73772–32–4 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-hydroxy-, mono- sodium salt
81190–38–7 1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-N,N- dimethyl-, hydroxide, monosodium salt
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
91081–99–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with epichlorohydrin, adipates (esters)
94133–90–1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-2-hydroxy-, monosodium salt
98999–57–6 Sulfonamides, C7-8-alkane, perfluoro, N-methyl-N-[2-[(1-oxo-2-propenyl)oxy]ethyl], polymers with 2- ethoxyethyl acrylate, glycidyl methacrylate and N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-pro- penyl)oxy]ethanaminium chloride
117806–54–9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, lithium salt
129813–71–4 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-(oxiranylmethyl)
148240–80–6 Fatty acids, C18-unsatd., trimers, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters
148240–82–8 Fatty acids, C18-unsatd., trimers, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters
182700–90–9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-, reaction products with benzene-chlorine-sulfur chloride (S2Cl2) reaction products chlorides
L–92–0151 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2- methyl-2-propenoate, 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and 2-propenoic acid
P–80–0183 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethylamino)propyl], reaction products with acrylic acid 192662–29–6
P–83–1102 Fatty acids, linseed-oil, dimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters 306973–46–6
P–84–1163 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 2-ethyl-2-(hydroxymethyl)-1,3- 306975–56–4 propanediol and N,N’,2-tris(6-isocyanatohexyl)imidodicarbonic diamide, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with triethylamine
P–84–1171 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 1,1’-methylenebis[4- 306975–57–5 isocyanatobenzene] and 1,2,3-propanetriol, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with morpholine
P–86–0301 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 12-hydroxystearic 306973–47–7 acid and 2,4-TDI, ammonium salts
P–86–0958 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with 2-[methyl[(perfluoro-C4-8- 306975–62–2 alkyl)sulfonyl]amino]ethyl acrylate and vinylidene chloride
P–89–0799 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 2-ethyl-1-hexanol 160901–25–7 and polymethylenepolyphenylene isocyanate
P–90–0111 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-[(3-octadecyl-2-oxo-5-oxazolidinyl)methyl] 306974–19–6
P–91–1419 Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with 1,6-diisocyanatohexane, N-(2-hy- 306975–84–8 droxyethyl)-N-methyl perfluoro C4-8-alkane sulfonamides-blocked
P–93–1444 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with N-(hydroxymethyl)-2-propenamide, 2- 306975–85–9 [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl methacrylate, stearyl methacrylate and vinylidene chlo- ride
P–94–0545 1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-propenyl)oxy]ethyl]-, bromide, polymers with 306976–25–0 Bu acrylate, Bu methacrylate and 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
P–94–0927 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl- 306976–55–6 2-(hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-ethyl-N-(hydroxyethyl)perfluoro-C4-8- alkanesulfonamides-blocked
P–94–2206 Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propylgroup]-terminated, polymers 306974–28–7 with 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate and stearyl methacrylate
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
P–95–0120 Sulfonamides, C4-8-alkane, perfluoro, N,N’-[1,6-hexanediylbis[(2-oxo-3,5-oxazolidinediyl)methylene]]bis[N- 306980–27–8 methyl-
P–96–1262 Sulfonic acids, C6-8-alkane, perfluoro, compds. with polyethylene-polypropylene glycol bis(2-aminopropyl) 306974–45–8 ether
P–96–1424 2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, telomer with 2-[ethyl[(perfluoro-C4-8- 306977–10–6 alkyl)sulfonyl]amino]ethyl methacrylate and 1-octanethiol, N-oxides
P–96–1433 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts 179005–06–2
P–97–0790 1-Decanaminium, N-decyl-N,N-dimethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1- 251099–16–8 octanesulfonic acid (1:1)
P–98–0251 2-Propenoic acid, butyl ester, polymers with acrylamide, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl 306978–04–1 acrylate and vinylidene chloride
P–98–1272 2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-[methyl[(perfluoro- 306977–58–2 C4-8-alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol monoacrylate, hydrolyzed, compds. with 2,2’-(methylimino)bis[ethanol]
P–99–0188 Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-methyl perfluoro-C4-8-alkane sulfonamides- 306978–65–4 and stearyl alc.-blocked
P–99–0319 Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-.omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N- 306979–40–8 [(perfluoro-C4-8-alkyl)sulfonyl] derivs.
B. How Can I Get Additional available for inspection in the TSCA CBI. Electronic comments must be Information, Including Copies of this Nonconfidential Information Center, submitted as an ASCII file avoiding the Document or Other Related Documents? North East Mall Rm. B–607, Waterside use of special characters and any form 1. Electronically. You may obtain Mall, 401 M St., SW., Washington, DC. of encryption. Comments and data will electronic copies of this document, and The Center is open from noon to 4 p.m., also be accepted on standard disks in certain other related documents that Monday through Friday, excluding legal WordPerfect 6.1/8.0 or ASCII file might be available electronically, from holidays. The telephone number for the format. All comments in electronic form the EPA Internet Home Page at http:// Center is (202) 260–7099. must be identified by docket control www.epa.gov/. To access this document, C. How and to Whom Do I Submit number OPPTS–50639C. Electronic on the Home Page select ‘‘Laws and Comments? comments may also be filed online at Regulations,’’ ‘‘Regulations and You may submit comments through many Federal Depository Libraries. Proposed Rules,’’ and then look up the the mail, in person, or electronically. To D. How Should I Handle CBI entry for this document under the ensure proper receipt by EPA, it is ‘‘Federal Register—Environmental Information That I Want to Submit to imperative that you identify docket the Agency? Documents.’’ You can also go directly to control number OPPTS–50639C in the the Federal Register listings at http:// subject line on the first page of your Do not submit any information www.epa.gov/fedrgstr/. response. electronically that you consider to be 2. In person. The Agency has 1. By mail. Submit your comments to: CBI. You may claim information that established an official record for this Document Control Office (7407M), you submit to EPA in response to this action under docket control number Office of Pollution Prevention and document as CBI by marking any part or OPPTS–50639C. The official record Toxics (OPPT), Environmental all of that information as CBI. consists of the documents specifically Protection Agency, 1200 Pennsylvania Information so marked will not be referenced in this action, any public Ave., NW., Washington, DC 20460. comments received during an applicable disclosed except in accordance with 2. In person or by courier. Deliver procedures set forth in 40 CFR part 2. comment period, and other information your comments to: OPPT Document In addition to one complete version of related to this action, including any Control Office (DCO) in Rm. 6428, EPA the comment that includes any information claimed as Confidential East, 1201 Constitution Ave., NW., Business Information (CBI). This official Washington, DC. The DCO is open from information claimed as CBI, a copy of record includes the documents that are 8 a.m. to 4 p.m., Monday through the comment that does not contain the physically located in the docket, as well Friday, excluding legal holidays. The information claimed as CBI must be as the documents that are referenced in telephone number for the DCO is (202) submitted for inclusion in the public those documents. The public version of 564–8930. version of the official record. the official record does not include any 3. Electronically. You may submit Information not marked confidential information claimed as CBI. The public your comments electronically by e-mail will be included in the public version version of the official record, which to: [email protected], or mail your of the official record without prior includes printed, paper versions of any computer disk to the address identified notice. If you have any questions about electronic comments submitted during above. Do not submit any information CBI or the procedures for claiming CBI, an applicable comment period, is electronically that you consider to be please consult the technical person
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listed under FOR FURTHER INFORMATION are collectively referred to throughout changes the type, form, magnitude, or CONTACT. this proposed rule as PFAS. In the duration of exposure to the substance; original proposed SNUR, these and the reasonably anticipated manner E. What Should I Consider as I Prepare chemicals were referred to collectively of producing or otherwise managing the My Comments for EPA? as perfluorooctylsulfonates, or PFOS, substance. Once EPA makes this We invite you to provide your views but commenters noted that this generic determination and promulgates a SNUR, on the various options we propose, new usage of the term PFOS was inconsistent TSCA section 5(a)(1)(B) requires persons approaches we have not considered, the with the use by the manufacturer, the to submit a significant new use notice potential impacts of the various options Minnesota Mining and Manufacturing (SNUN) to EPA at least 90 days before (including possible unintended Company (3M), of PFOS to refer only to they manufacture, import, or process the consequences), and any data or chemicals with an eight-carbon, or C8, chemical substance for that significant information that you would like the chain length. Many of the chemicals in new use (15 U.S.C. 2604 (a)(1)(B)). Agency to consider during the the proposed SNUR include a range of C. Which General Provisions Apply? development of the final action. You carbon chain lengths, although they all may find the following suggestions include C8 within the range. General provisions for SNURs are helpful for preparing your comments: Accordingly, EPA will use the generic published under 40 CFR part 721, 1. Explain your views as clearly as term PFAS to refer to any carbon chain subpart A. These provisions describe possible. length, including higher and lower persons subject to the rule, 2. Describe any assumptions that you homologues as well as C8, and the term recordkeeping requirements, used. PFOS to represent only those chemical exemptions to reporting requirements, 3. Provide copies of any technical substances which are predominantly C8. and applicability of the rule to uses information and/or data you used that The significant new uses described by occurring before the effective date of the support your views. this document are: final rule. Note that because this 4. If you estimate potential burden or 1. Any manufacture or import for any proposed rule would designate certain costs, explain how you arrived at the use of any chemical listed in Table 2, manufacturing and importing activities estimate that you provide. Unit I.A., on or after January 1, 2003, as significant new uses, persons that 5. Provide specific examples to except as noted in Unit II.A.2. solely process or use the chemical illustrate your concerns. 2. Manufacture or import of any substances that would be covered by 6. Offer alternative ways to improve chemical listed in Table 2, Unit I.A., this action would not be subject to the the proposed rule or collection activity. solely for one or more of the following rule. Provisions relating to user fees 7. Make sure to submit your specific uses shall not be considered as appear at 40 CFR part 700. Persons comments by the deadline in this a significant new use subject to subject to this proposed SNUR would be document. reporting under this section: required to comply with the same notice 8. To ensure proper receipt by EPA, i. Use as an anti-erosion additive in requirements and EPA regulatory be sure to identify the docket control fire-resistant phosphate ester aviation procedures as submitters of PMNs under number assigned to this action in the hydraulic fluids. TSCA section 5(a)(1)(A). In particular, subject line on the first page of your ii. Use as a component of a these requirements include: The response. You may also provide the photoresist substance, including a photo information submission requirements of name, date, and Federal Register acid generator or surfactant, or as a TSCA section 5(b) and 5(d)(1); the citation. component of an anti-reflective coating, exemptions authorized by TSCA section used in a photomicrolithography 5 (h)(1), (2), (3), and (5); the export II. Background process to produce semiconductors or notification provisions of TSCA section A. What Action is the Agency Taking? similar components of electronic or 12(b); and the export notification other miniaturized devices. requirements in 40 CFR part 707, The Agency is supplementing the iii. Use as an intermediate only to subpart D. Once EPA receives a SNUN, proposed SNUR published in the produce other chemical substances to be EPA may take regulatory action under Federal Register of October 18, 2000 (65 used solely for the uses listed in Unit TSCA sections 5(e), 5(f), 6, or 7, if FR 62319) (FRL–6745–5), to take into II.A.2.i. or ii. appropriate, to control the activities on account comments submitted on that iv. Use in a surface tension and static which it has received the SNUN. If EPA proposed rule, to amend the list of discharge control coating on films, does not take action, EPA is required chemical substances to which the papers, and printing plates, or as a under TSCA section 5(g) to explain in proposed SNUR would apply, and to surfactant or defoamer in solutions used the Federal Register its reasons for not more clearly define significant new uses to process films and papers, in taking action. of these chemical substances. This traditional and laser medical imaging III. Summary of this Supplemental supplemental proposed rule would and in industrial and consumer film Proposed Rule require persons to notify EPA at least 90 products. days before commencing the The chemical substances subject to manufacture or import of the chemical B. What is the Agency’s Authority for this supplemental proposed SNUR are substances identified in Table 2, Unit Taking this Action? listed in Table 2, Unit I.A. These I.A., for the significant new uses Section 5(a)(2) of TSCA (15 U.S.C. chemical substances include PFOSH, described in this document. The 2604(a)(2)) authorizes EPA to determine PFOSS, POSF, certain higher and lower chemical substances identified in Table that a use of a chemical substance is a homologues of PFOSH and POSF, and 2, Unit I.A., are 75 chemical substances, ‘‘significant new use.’’ The Agency certain other chemical substances, including PFOSH, PFOSS, POSF, makes this determination by rule after including polymers, that are derived certain higher and lower homologues of considering all relevant factors, from PFOSH and its homologues. All of PFOSH and POSF, and certain other including those listed in TSCA section these chemical substances are referred chemical substances, including 5(a)(2). These factors include the to collectively in this proposed rule as polymers, that are derived from PFOSH volume of a chemical substance’s perfluoroalkyl sulfonates, or PFAS. In and its homologues. These chemicals production; the extent to which a use the original proposed SNUR (65 FR
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62319, October 18, 2000), these chemicals as described in the original EPA determined that the remaining 75 chemicals had been referred to proposed SNUR. chemicals, which appear in Table 2, collectively as perfluorooctylsulfonates, The original proposed SNUR included Unit I.A., presented issues that or PFOS, but commenters noted that these and 15 other chemicals, and warranted the proposal of this this generic usage of PFOS was would have identified as a significant supplemental SNUR. Commenters inconsistent with 3M’s use of PFOS to new use: Any manufacture or import of provided information confirming that, refer only to chemicals with an eight- any of these chemicals for any use on contrary to the information available to carbon, or C8, chain length. Many of the or after January 1, 2003; and any the EPA when the original proposed chemicals in the proposed SNUR manufacture or import in excess of SNUR was published, 3M was not the included a range of carbon chain specified volume limits between sole manufacturer of certain of the lengths, although they all did include January 1, 2001, and December 31, 2002. chemical substances on Table 2, Unit C8 within the range. Accordingly, EPA At the request of prospective I.A., which commenters were importing will use the generic term PFAS to refer commenters, EPA extended the date for in small quantities below mandatory to any chain length, including higher submitting comments from November reporting thresholds for their specific and lower homologues as well as C8, 17, 2000, to January 1, 2001 (65 FR uses from non-3M sources outside the and the term PFOS to represent only 69889, November 21, 2000) (FRL–6756– United States prior to the publication of those chemicals which are 9). Twenty-six timely comments were the proposed SNUR. The identities, predominantly C8. submitted on the proposed SNUR. amounts, and suppliers of those specific All of the chemical substances listed Because of the complexity of the issues chemicals were claimed as confidential in this supplemental proposed SNUR and the interest expressed by the business information (CBI), and thus have the potential to degrade to PFOSH commenters, EPA announced a public cannot be specifically identified in this in the environment. Information also meeting on the proposed SNUR (66 FR proposed rule. To the extent that specific PFAS suggests that these chemical substances 11243, February 23, 2001) (FRL–6771– chemical substances on the proposed may be converted to PFOSH via 4), which was conducted on March 27, SNUR lists were being obtained from incomplete oxidation during the 2001, to provide commenters with the sources other than 3M for specific uses incineration of PFAS-containing opportunity to expand upon their prior to the publication of the proposed materials. Once PFOSH has been comments, offer clarifications, and SNUR, and thus would not be affected further explain their issues and released to the environment, it does not by 3M’s unilateral decision to concerns. At that meeting, several undergo further chemical (hydrolysis), discontinue production, those particular participants expressed a willingness to microbial, or photolytic degradation. uses of those specific chemicals would gather and submit additional PFOSH is highly persistent in the be considered ongoing and would not be information concerning their need for environment and has a strong tendency subject to a significant new use and specific use of certain of these to bioaccumulate. Studies have found determination. These specific uses are: PFOS chemicals in very small quantities chemicals, and EPA indicated that it As a component of a photoresist in the blood of the general human would consider those post-meeting substance, including a photo acid population as well as in wildlife, submissions as a formal part of the generator or surfactant, or as a indicating that exposure to the rulemaking record. EPA requested that component of an anti-reflective coating, chemicals is widespread, and recent these submissions include specific used in a photomicrolithography tests have raised concerns about their information on PFAS exposures and process to produce semiconductors or potential developmental, reproductive, releases associated with various uses, as similar components of electronic or and systemic toxicity (Refs. 1, 2, and 3). well as documentation about the extent other miniaturized devices. These facts, taken together, raise to which PFAS chemical substances on Accordingly, this supplemental concerns for long term potential adverse the proposed SNUR lists were being proposed SNUR identifies these specific effects in people and wildlife over time obtained for specific uses from sources uses of those particular chemicals as not if PFOS should continue to be other than 3M, and thus would not be being significant new uses of the produced, released, and built up in the affected by 3M’s unilateral decision to chemicals listed in Table 2, Unit I.A., environment. A detailed discussion of discontinue production. (Ref. 5) The and thus as not being subject to this these concerns appeared in the original final such submission was received by proposed SNUR. proposed SNUR (65 FR 62319, October the EPA on October 3, 2001. All of these Some commenters in this industry 18, 2000) and in the EPA Hazard submissions are in the docket for this who were not importing from non-3M Assessment document in the docket for proceeding. sources indicated that they were using the proposed SNUR (Ref. 4). In its Following review and consideration certain chemicals listed in the proposed comments on the proposed SNUR, 3M of all the comments, correspondence, SNUR, as well as other PFAS chemicals emphasized that no data indicated that and additional submissions, EPA that were not included in the proposed adverse effects were currently being determined that the proposed SNUR SNUR. Both individually and through observed in humans and wildlife. 3M should be promulgated as final for the an industry-wide submission of mass also noted that additional data under 13 chemicals, employed principally in balance data tracking the use and final development might change some of the coatings for textiles, carpet, apparel, disposition of these PFAS chemicals, all EPA’s preliminary conclusions. 3M leather, and paper, on which no commenters in this industry indicated challenged the simplification in the comments were received and which 3M, that these chemicals were used in very preamble of EPA’s characterization of the sole manufacturer, confirmed were small quantities under 2,000 kilograms certain of the hazard studies analyzed in discontinued from manufacture before (kg) (4,400 lbs) per year total in the the EPA Hazard Assessment, which 3M December 31, 2000. EPA also removed United States, under controlled felt overstated some of the EPA’s hazard from the rule two chemicals that had conditions that virtually eliminated conclusions. None of the other appeared by error in the original occupational exposures to the chemicals comments submitted on the proposal proposed SNUR. That final rule is and presented very low releases to the addressed the hazards, environmental published elsewhere in today’s issue of environment. They also presented fate, or exposures associated with these the Federal Register. information on the lack of viable
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alternatives for these chemicals because well as the critical safety nature of the which exclusions are being proposed, of their unique performance use, EPA proposes to exclude the and much less is known about the characteristics, and described their manufacture or import of these PFAS extent of exposures and releases related efforts to further reduce the use of PFAS chemicals for use in this application to these uses. EPA is concerned that chemicals and to continually improve from the definition of significant new new manufacture or importation for their handling and disposal practices to use. these photographic uses may reduce or eliminate PFAS exposures Commenters in the semiconductor significantly affect the type, magnitude, and releases. (Ref. 6) and aviation hydraulics industries also and duration of exposure to these Given the extremely low volume of indicated that, in order to produce the chemicals because of their known use and the stringent controls on specific PFAS chemicals used in their persistence. EPA therefore specifically exposure and releases, EPA is proposing applications, certain additional requests comment on this proposed not to include in the definition of chemicals on the list in Table 2, Unit exclusion of these photographic uses significant new use the manufacture or I.A., would be required for use as from the significant new use definition, import of chemicals listed in Table 2, intermediate chemicals in the particularly addressing the anticipated Unit I.A., including chemicals which manufacturing process. Accordingly, exposures and releases that may result had not been imported from non-3M EPA proposes to exclude from the from these uses, and including sources prior to the publication of the significant new use definition the use of information on handling and disposal proposed SNUR, for use as a component these PFAS chemicals as intermediates controls that would control, reduce, or of a photoresist substance, including a only to produce other chemicals used eliminate such exposures and releases. photo acid generator or surfactant, or a solely for the excluded semiconductor In the absence of such information to component of an anti-reflective coating, and aviation hydraulics uses. confirm the Agency’s understanding used in a photomicrolithography Commenters in the photography and support the proposed exclusion, process to produce semiconductors or industry, in addition to raising the EPA may include these photographic similar components of electronic or semiconductor applications addressed uses in the definition of significant new other miniaturized devices. EPA is earlier in this section, also identified as uses that would be subject to this SNUR proposing this exclusion in recognition critical the use of certain PFAS at such time as a final rule is of the industry’s commitment to chemicals in surface tension and static promulgated, perhaps defining the new continue to pursue better controls to discharge control coatings on films, use based on a volume cap on new ensure that this use will not increase the papers, and printing plates, and as manufacture or importation intended for type, magnitude, or duration of surfactants and defoamers in solutions this use. exposure to PFAS chemicals. used to process films and papers, Accordingly, EPA proposes to require Three commenters also provided particularly in both traditional and laser persons to notify EPA at least 90 days information indicating that their medical imaging and in some industrial before commencing the manufacture or specific use of the 3M formulations and consumer film products. The import of the chemical substances FC93 and FC98, which contain three of industry estimated the total annual use identified in Table 2, Unit I.A., for the the PFAS chemicals (CAS Nos. 2795– of these PFAS chemicals in medical significant new uses described in this 39–3, 67584–42–3, and 68156–01–4) imaging for disease diagnosis at 30,600 document. The significant new uses listed in Table 2, Unit I.A, as an anti- kg (67,320 lbs), with another 5,400 kg described by this notice are: erosion additive in fire-resistant (11,880 lbs) used per year in industrial 1. Any manufacture or import for any phosphate ester aviation hydraulic (i.e., oil pipeline x-ray; aerial use of any chemical listed in Table 2 of fluids, was critical to the safe reconnaissance photography) and some Unit I.A., on or after January 1, 2003, performance of large cargo and consumer applications. Some except as noted Unit III.2. passenger aircraft, and that there are at information on specific chemicals used 2. Manufacture or import of any present no viable alternatives to PFAS in these applications, as well as on the chemical listed in Table 2, Unit I.A., for this use. These commenters also sources of those chemicals, was claimed solely for one or more of the following indicated that, although 3M has been as confidential. Specific information on specific uses shall not be considered as their source, the PFAS chemicals used exposures and releases from all these a significant new use subject to in this application have also been uses was not provided. These reporting under this section: produced by other foreign sources prior commenters indicated that they were i. Use as an anti-erosion additive in to the publication of the SNUR, conducting research to find alternatives fire-resistant phosphate ester aviation although they have not been imported. to these PFAS chemicals in these uses, hydraulic fluids. They reported that the total aggregate but that they believed they would not be ii. Use as a component of a use of PFAS in this application by all able to find and technically qualify photoresist substance, including a photo aviation consumers is less than 5,000 viable alternatives for use before the end acid generator or surfactant, or as a lbs per year (2,273 kg), and that because of the phase-out period. (Refs. 11 and component of an anti-reflective coating, these systems are sealed at the time of 12) used in a photomicrolithography manufacture, worker exposures and EPA is proposing to exclude these process to produce semiconductors or releases to the environment are photographic uses from the definition of similar components of electronic or minimal. They noted that ongoing significant new use in the SNUR, based other miniaturized devices. research for possible replacement on its understanding that the industry is iii. Use as an intermediate only to chemicals could not produce viable actively working to move away from produce other chemical substances to be alternatives for several years, because of these PFAS chemicals and to reduce the used solely for the uses listed in Unit requirements that these products meet use and release of PFAS. EPA is III.2.i. or ii. military specifications or gain approval concerned, however, that these uses, iv. Use in a surface tension and static from the Federal Aviation while much lower in volume than the discharge control coating on films, Administration (FAA). (Refs. 7, 8, 9, and discontinued coating uses on textiles, papers, and printing plates, or as a 10) Based on the information presented, apparel, carpet, furniture, and paper, are surfactant or defoamer in solutions used including the very low volume of use substantially greater in volume than the to process films and papers, in and the low potential for exposure, as semiconductor and aviation uses for traditional and laser medical imaging
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and in industrial and consumer film may present issues and concerns similar proposing to exclude the manufacture or products. to those associated with PFOS. importation of PFAS chemicals One comment indicated that certain specifically for use as an anti-erosion IV. Applicability of Proposed Rule to of the chemicals on the list were in use additive in fire-resistant phosphate ester Uses Occurring Before the Effective and registered as active ingredients in aviation hydraulic fluids from the Date of the Final Rule pesticide formulations, and that definition of significant new use to EPA believes that the intent of TSCA chemicals in such use, being regulated which this proposed SNUR would section 5(a)(1)(B) is best served by by the Federal Insecticide, Fungicide, apply. No SNUN would thus be designating a use as a significant new and Rodenticide Act (FIFRA), would be required from a company or individual use as of the proposal date of the SNUR, excluded from the TSCA definition of a manufacturing or importing any of the rather than as of the effective date of the ‘‘chemical substance’’ and would thus PFAS chemicals on Table 2, Unit I.A., final rule. If uses begun after publication not be subject to the proposed SNUR or for this specific use. of the proposed SNUR were considered other reporting requirements under Several companies in the to be ongoing, rather than new, it would TSCA. Pesticides are excluded from semiconductor industry submitted be difficult for EPA to establish SNUR regulation under TSCA, although comments and participated in meetings notice requirements, because any person pesticide intermediates (chemicals both individually and through their could defeat the SNUR by initiating the manufactured for the purpose of respective trade associations, indicating proposed significant new use before the producing regulated pesticide that 3M was not the only supplier of the rule became final, and then argue that ingredients) are subject to TSCA specific PFAS chemicals used in their the use was ongoing. regulation. Following the publication of particular applications; some companies Persons who begin commercial the proposed SNUR, however, the supplied confidential data indicating manufacture or import of the PFAS pesticide registrants voluntarily that they had been importing very small chemicals listed in Table 2, Unit I.A., negotiated product stewardship quantities of certain of these chemicals for the significant new uses listed in this agreements with the EPA Office of from non-3M sources. At the time the proposed SNUR after the proposal has Pesticide Programs to cancel some original SNUR was proposed, EPA was been published must stop that activity registered products and to phase out unaware that this importation was before the effective date of the final rule. others. taking place, because the quantities Persons who ceased those activities will Three commenters noted that three involved were below the threshold for have to meet all SNUR notice PFAS chemicals included in the reporting such importation to the EPA. requirements and wait until the end of proposed SNUR (CAS Nos. 2795–39–3, Both individually and through an the notice review period, including all 67584–42–3, and 68156–01–4) were industry-wide mass balance submission, extensions, before engaging in any components of 3M products FC93 and the commenters indicated that these activities designated as significant new FC 98, currently being used in very chemicals were used in very small uses. If, however, persons who begin small concentrations (generally less quantities, under 2,000 kg (4,400 lbs) commercial manufacture or import of than 500 parts per million (ppm), or per year total in the United States, these chemical substances between the 0.05% PFOS) as anti-erosion additives under controlled conditions that proposal and the effective date of the in fire-resistant phosphate ester aviation virtually eliminated occupational SNUR meet the conditions of advance hydraulic fluids, and that these uses exposures to the chemicals. They also compliance as codified at 40 CFR were critical to the safe functioning of presented information concerning their 721.45(h), those persons will be control surfaces, brakes, steering, and search for and conversion to non-PFOS considered to have met the final SNUR landing gear on virtually all large cargo, chemicals in certain applications, as requirements for those activities. military, and passenger transport well as ongoing modifications to their aircraft. The commenters indicated that wastewater handling and treatment V. Summary and Response to untreated phosphate ester fluids, used operations that would dramatically Comments on Original Proposed Rule for their high fire resistance, support reduce their PFAS releases to the EPA received 26 timely comments on electrochemical erosion of control environment. They expressed an the original proposed SNUR, and valves within sealed hydraulic systems, interest in continuing to work with the numerous additional presentations and and that these PFAS chemicals were the EPA to further reduce the use of PFAS, correspondence at and following the only additives discovered in twenty but indicated that, at present, viable public meeting. As described in this years of research that could eliminate alternatives for PFAS have not been unit and in Unit III., all of these this problem. They indicated that the qualified for two uses critical to both the materials were taken into consideration total aggregate use of PFAS in this commercial success of the industry and in the preparation of this supplemental application by all aviation consumers is to its technological contributions to proposed SNUR. All of these materials less than 5,000 lbs (2,273 kg) per year, national security: as a component of a have been placed in docket OPPTS– and that because these systems are photoresist substance, including a photo 50639. sealed at the time of manufacture, acid generator or surfactant, or as a One comment addressed the use of worker exposures and releases to the component of an anti-reflective coating, PFOS in aqueous film-forming foam environment are minimal. They noted used in a photomicrolithography (AFFF) fire fighting products, and that ongoing research for possible process to produce semiconductors or commended the Agency for terminating replacement chemicals could not similar components of electronic or this application. 3M voluntarily exited produce any viable alternatives for other miniaturized devices. this market, and was the only producer several years, because of requirements Because companies had been of PFOS-based AFFF, although non- that these products meet military importing certain of the chemical PFOS-based AFFF products using other specifications or gain approval from substances on Table 2, Unit I.A., in very fluorinated surfactants remain in use FAA. Given the low volumes involved, small quantities from non-3M sources and are unaffected by this proposed the minimal exposure and release for use as a component of a photoresist regulation. EPA is continuing to potential, the aviation safety substance or an anti-reflective coating investigate these related fluorinated requirements, and the demonstrated used in a photomicrolithography surfactants to determine whether they lack of viable alternatives, EPA is process prior to the publication of the
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original proposed SNUR, EPA considers issues, the photography industry also and to reduce the use and release of those uses of those particular substances identified as critical the use of certain PFAS. EPA is concerned, however, that to be ongoing, and the continuing PFAS chemicals in surface tension and these uses, while much lower in volume manufacture or import of those specific static discharge control coatings on than the discontinued coating uses on PFAS chemicals for those uses, films, papers, and printing plates, and textiles, apparel, carpet, furniture, and particularly in the small amounts and as surfactants and defoamers in paper, are substantially greater than the under the types of exposure and release solutions used to process films and semiconductor and aviation uses for controls described by the commenters, papers, particularly in both traditional which exclusions are also being would thus not be subject to the SNUR, and laser medical imaging and in some proposed, and much less is known as reflected in this supplemental industrial and consumer film products. about the extent of exposures and proposal. EPA further proposes to The industry estimated the total annual releases related to these uses. EPA is exclude from the significant new use use of these PFAS chemicals in medical concerned that these photographic uses definition these specific uses of the imaging for disease diagnosis at 30,600 may significantly affect the type, additional PFAS chemicals on Table 2, kg (67,320 lbs), with another 5,400 kg magnitude, and duration of exposure to Unit I.A, which had not previously been (11,880 lbs) used per year in industrial these chemicals because of their known imported into the United States from (i.e., oil pipeline x-ray; aerial persistence. EPA therefore specifically non-3M sources. In proposing this reconnaissance photography) and some requests comment on this proposed exclusion, EPA recognizes that the consumer applications. Specific exclusion of these photographic uses, amounts involved are small, and that information on exposures and releases particularly addressing the anticipated the industry has committed to continue from all these uses was not provided. exposures and releases that may result to pursue better controls to ensure that Some of the specific chemicals used, the from these uses, and including this use will not increase the type, sources from which those chemicals information on handling and disposal magnitude, or duration of exposure to were obtained, and the amounts used by controls that would control, reduce, or PFAS chemicals. No SNUN would thus individual companies were claimed as eliminate such exposures and releases. be required from a company or confidential business information. The In the absence of such information to individual manufacturing or importing photographic industry commenters confirm the Agency’s understanding any of the PFAS chemicals on Table 2, expressed willingness to work toward and support the proposed exclusion, Unit I.A. for this specific use. reducing the amount of PFAS being EPA may include these photographic Commenters in both the aviation and used in their applications, but indicated uses in the definition of significant new semiconductor industries also indicated concern that viable alternatives might uses that would be subject to this SNUR that certain chemical substances listed not be available or qualified by the at such time as a final rule is in the SNUR are essential chemical phase-out date announced by 3M and promulgated, perhaps defining the new intermediates required to make the reflected in the original proposed use based on a volume cap on new PFAS products that are actually used in SNUR. They requested an extension of manufacture or importation intended for electronics manufacture and hydraulic the phase-out period for their claimed this use. fluids. EPA proposes to exclude from critical use applications. One commenter indicated that it the significant new use definition the The phase-out dates in the original imported small quantities of some of the use of listed PFAS chemicals as proposed SNUR were determined by chemicals listed in the original intermediates only to produce other 3M’s voluntary commitment to proposed SNUR for various chemical substances to be used solely discontinue production of these PFAS applications, but gave no further for the semiconductor and aviation uses chemicals. The basis for EPA’s original information to identify which chemicals already described. SNUR proposal was that any production it imported, or whether 3M—which has EPA commends the aviation and of these chemicals following the 3M production facilities abroad—was the semiconductor industries in particular phaseout would by definition be new, source of the imported chemicals. Some for their diligence in providing useful since at the time the proposal issued, of the uses mentioned in this comment tools and information and in working 3M had been the sole producer; and any have been addressed in this unit in the with the Agency to achieve a full new production would necessarily contexts of the industries which understanding of the issues presented affect the type, magnitude, and duration provided more details on use. Without by PFAS in these industries. EPA of exposure, because these chemicals more specific substantiation of the further acknowledges their pledge to are persistent. New production would asserted importation, this comment continue to work toward further add to the base amount of these cannot be further addressed. reductions in the use and release of chemicals already present in the One private citizen commended the PFAS chemicals notwithstanding the environment, and widespread exposure EPA for taking action on PFOS, but proposed identification of these low to these chemicals has been noted that there must be more PFAS volume, low release, and controlled demonstrated through the detection of chemicals on the Inventory than were exposure uses as not included within PFOS in the blood of the general listed in the original SNUR, and that the definition of significant new uses population and of wildlife. similar action should be taken to subject to this SNUR. The commenters did not propose a address those other chemicals. EPA is Four companies and a trade time frame for an extended phase-out of evaluating other PFAS and PFAS- association presented comments and these chemicals for their specific use. related chemicals, but used the supplementary correspondence Because the amount of time that might mechanism of the proposed SNUR to concerning the use of PFAS chemicals be required is uncertain, instead of address the specific chemicals that it in the photography industry. To the proposing a specific extension of the had sufficient reason to believe were extent that those comments concerned phase-out period, EPA is proposing to either not currently in use or were being photomicrolithography in the exclude these photographic uses from phased out by their sole producer. If semiconductor context, they are the definition of a significant new use regulatory action on other PFAS or addressed above in the EPA’s response under the SNUR, on the understanding PFAS-related chemicals is warranted, to the semiconductor industry in this that the industry is actively working to EPA will propose appropriate action unit. Separately from the semiconductor move away from these PFAS chemicals when its evaluation is complete.
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The National Aeronautics and Space USEPA/OPPT/RAD. Washington, DC. Indian Tribes. Accordingly, the Administration (NASA) noted that it August 31, 2000. requirements of section 3(b) of used many chemicals in its Space 5. Dominiak, Mary. PFOS Public Executive Order 13084, entitled Shuttle program and was not certain at Meeting Summary and Attendee List. Consultation and Coordination with the time of its initial comment USEPA/OPPT/CCD. Washington, DC. Indian Tribal Governments (63 FR submission whether those would April 27, 2001. 276755, May 19, 1998), do not apply to include any of the PFAS chemicals in 6. Harper, Stephen and Dripps, Greg. this proposed rule. Executive Order the proposed SNUR. EPA has not Letter (with appendices) to Charles M. 13175, entitled Consultation and received any subsequent Auer. Semicondustor Industry Coordination with Indian Tribal communications from NASA that would Association and Semiconductor Governments (65 FR 67249, November indicate that NASA concluded that the Equipment and Materials International. 6, 2000), which took effect on January proposed SNUR would present issues. Washington, DC. October 3, 2001. 6, 2001, revokes Executive Order 13084 3M provided comments suggesting 7. Jarnot, Bruce. Comments of as of that date. EPA developed this some changes in the acronyms used in ExxonMobil Lubricants and Petroleum proposed rule, however, during the the proposed SNUR to make them Specialties. Fairfax, VA. November 16, period when Executive Order 13084 was consistent with the nomenclature 2000. in effect; thus, EPA addressed tribal customarily used by 3M and the 8. Frank, Matthew. Comments of considerations under Executive Order industry. 3M also requested minor Boeing. Arlington, VA. November 17, 13084. For the same reasons stated for changes to the two tables of chemicals 2000. Executive Order 13084, the listed in the SNUR to correct the 9. Downes, Jim. Comments of Solutia. requirements of Executive Order 13175 assignment of four chemicals to the St. Louis, MO. November 13, 2000. do not apply to this proposed rule wrong table, and to remove two 10. Downes, Jim. Supplementary either. Nor will this action have a chemicals that had not been included in Comments of Solutia at EPA Public substantial direct effect on States, on the 3M’s phaseout plan. EPA adopted the Meeting. Washington, DC. March 27, relationship between the national 3M nomenclature and made the table 2001. government and the States, or on the adjustments. 3M emphasized that no 11. O’Donoghue, John. PFOS and distribution of power and data indicated that adverse effects were Imaging. Presentation of Photographic responsibilities among the various currently being observed in humans and and Imaging Manufacturers Association levels of government, as specified in wildlife. 3M also noted that additional at EPA Public Meeting. Washington, DC. Executive Order 13132, entitled data under development might change March 27, 2001. Federalism (64 FR 43255, August 10, some of the EPA’s preliminary 12. O’Donoghue, John. Letter to 1999). conclusions. 3M challenged the Charles M. Auer, Followup to the March This proposed rule is not subject to simplification in the preamble of EPA’s 27, 2001 Public Meeting. Rochester, NY. Executive Order 13211, entitled Actions characterization of certain of the hazard April 24, 2001. Concerning Regulations That studies analyzed in the EPA Hazard VII. Regulatory Assessment Significantly Affect Energy Supply, Assessment, which 3M felt overstated Requirements Distribution, or Use (66 FR 28355, May some of the hazard conclusions that 22, 2001), because this action is not were drawn in the assessment. 3M Under Executive Order 12866, expected to affect energy supply, requested that these statements be entitled Regulatory Planning and distribution, or use. rephrased more accurately in any Review (58 FR 51735, October 4, 1993), In issuing this proposed rule, EPA has discussion of hazard in the final rule. the Office of Management and Budget taken the necessary steps to eliminate (OMB) has determined that SNURs are drafting errors and ambiguity, minimize VI. References not a ‘‘significant regulatory action’’ potential litigation, and provide a clear These references have been placed in subject to review by OMB, because legal standard for affected conduct, as the official record that was established SNURs do not meet the criteria in required by section 3 of Executive Order under docket control number OPPTS– section 3(f) of the Executive order. 12988, entitled Civil Justice Reform (61 50639 for this rulemaking as indicated Based on EPA’s experience with past FR 4729, February 7, 1996). in Unit I.B.2. Reference documents SNURs, State, local, and tribal EPA has complied with Executive identified with an Administrative governments have not been impacted by Order 12630, entitled Governmental Record number (AR) are cross-indexed these rules, and EPA does not have any Actions and Interference with to non-regulatory, publicly accessible reasons to believe that any State, local, Constitutionally Protected Property information files maintained in the or tribal government will be impacted Rights (53 FR 8859, March 15, 1988), by TSCA Nonconfidential Information by this proposed rule. As such, EPA has examining the takings implications of Center. Copies of these documents can determined that this regulatory action this proposed rule in accordance with be obtained as described in Unit I.B.2. does not impose any enforceable duty, the ‘‘Attorney General’s Supplemental 1. (AR226–0620) Sulfonated contain any unfunded mandate, or Guidelines for the Evaluation of Risk Perfluorochemicals in the Environment: otherwise have any affect on small and Avoidance of Unanticipated Sources, Dispersion, Fate, and Effects. governments subject to the requirements Takings’’ issued under the Executive 3M. St. Paul, MN. March 1, 2000. of sections 202, 203, 204, or 205 of the order. 2. (AR226–0547) The Science of Unfunded Mandates Reform Act of 1995 This action does not involve special Organic Fluorochemistry. 3M. St. Paul, (UMRA) (Public Law 104–4). considerations of environmental justice MN. February 5, 1999. This proposed rule does not have related issues as required by Executive 3. (AR226–0548) Perfluorooctane tribal implications because it is not Order 12898, entitled Federal Actions to Sulfonate: Current Summary of Human expected to have substantial direct Address Environmental Justice in Sera, Health and Toxicology Data. 3M. effects on Indian Tribes. This does not Minority Populations and Low-Income St. Paul, MN. January 21, 1999. significantly or uniquely affect the Populations (59 FR 7629, February 16, 4. Seed, Jennifer. Hazard Assessment communities of Indian tribal 1994). and Biomonitoring Data on governments, nor does it involve or This action is not subject to Executive Perfluorooctane Sulfonate—PFOS. impose any requirements that affect Order 13045, entitled Protection of
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Children from Environmental Health entities in response to any SNUR. Send any comments about the Risks and Safety Risks (62 FR 19885, Therefore, EPA believes that, the accuracy of the burden estimate, and April 23, 1997), because this is not an economic impact of complying with a any suggested methods for minimizing economically significant regulatory SNUR is not expected to be significant respondent burden, including through action as defined by Executive Order or adversely impact a substantial the use of automated collection 12866, and this action does not address number of small entities. This rationale techniques, as instructed in Unit I.D. or environmental health or safety risks has been provided to the Chief Counsel to the Director, Collection Strategies disproportionately affecting children. for Advocacy of the Small Business Division, Office of Environmental In addition, since this action does not Administration. Information, Environmental Protection involve any technical standards, section According to the Paperwork Agency (2822), 1200 Pennsylvania Ave., 12(d) of the National Technology Reduction Act (PRA), 44 USC 3501 et NW., Washington, DC 20460. Please Transfer and Advancement Act of 1995 seq., an agency may not conduct or remember to include the OMB control (NTTAA), Public Law 104–113, section sponsor, and a person is not required to number in any correspondence, but do 12(d) (15 U.S.C. 272 note), does not respond to a collection of information not submit any completed forms to this apply to this action. that requires OMB approval under the address. Pursuant to section 605(b) of the PRA, unless it has been approved by Regulatory Flexibility Act (RFA) (5 OMB and displays a currently valid List of Subjects in 40 CFR Part 721 U.S.C. 601 et seq.), the Agency hereby OMB control number. The OMB control certifies that promulgation of this SNUR Environmental protection, Chemicals, numbers for EPA’s regulations, after will not have a significant adverse Hazardous materials, Reporting and economic impact on a substantial initial display in the Federal Register recordkeeping requirements, Significant number of small entities. A SNUR and in addition to its display on any new uses. applies to any person (including small related collection instrument, are listed or large entities) who intends to engage in 40 CFR part 9. Dated: March 4, 2002. in any activity described in the rule as The information collection William H. Sanders, III, a ‘‘significant new use.’’ Based on all requirements related to this action have Director, Office of Pollution Prevention and information currently available to EPA, already been approved by OMB Toxics. it appears that no small or large entities pursuant to the PRA under OMB control number 2070–0038 (EPA ICR No. Therefore, it is proposed that 40 CFR currently engage in such activity. Since chapter I be amended as follows: a SNUR requires merely that any person 1188.06). This action does not impose who intends to engage in such activity any burden requiring additional OMB PART 721—[AMENDED] in the future must first notify EPA (by approval. If an entity were to submit a SNUN to the Agency, the annual burden submitting a SNUN), no economic 1. The authority citation for part 721 is estimated to average between 98.96 impact will even occur until someone would continue to read as follows: decides to engage in those activities. As and 118.92 hours per response at an a voluntary action, it is reasonable to estimated reporting cost of between Authority: 15 U.S.C. 2604, 2607, and presume that this decision would be $5,957 and $7,192 per SNUN. This 2625(c). based on a determination by the person burden estimate includes the time submitting the SNUN that the potential needed to review instructions, search 2. By revising § 721.9582 in subpart E benefits would outweigh the costs. existing data sources, gather and to read as follows: Although some small entities may maintain the data needed, and decide to conduct such activities in the complete, review and submit the § 721.9582 Certain perfluoralkyl sulfonates. future, EPA cannot presently determine required SNUN, and maintain the how many, if any, there may be. EPA’s required records. This burden estimate (a) Chemical substances and experience to date is that, in response to does not include 1 hour of technical significant new uses subject to reporting. the promulgation of over 530 SNURs, time at $64.30 per hour estimated to be (1) The chemical substances listed in the Agency has received fewer than 15 required for customer notification of Table 1 and Table 2 of this paragraph SNUNs. Of those SNUNs submitted, SNUR requirements, or the $2,500 user are subject to reporting under this none appear to be from small entities. In fee for submission of a SNUN ($100 for section for the significant new uses fact, EPA expects to receive few, if any, businesses with less than $40 million in described in paragraph (a)(2) of this SNUNs from either large or small annual sales). section.
TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001
CAS No./PMN CAS Ninth Collective Index Name
2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt
57589–85–2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt
61660–12–6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-
67969–69–1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt
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TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001—Continued
CAS No./PMN CAS Ninth Collective Index Name
68608–14–0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4- isocyanatobenzene]
70776–36–2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl methacrylate
148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters
148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol
178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4- isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked
P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1- hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide
P–96–1645 Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters 306974–63–0
TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003
CAS No./PMN CAS Ninth Collective Index Name
307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
307–51–7 1-Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-
376–14–7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
383–07–3 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
423–50–7 1-Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
423–82–5 2-Propenoic acid, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
754–91–6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
1652–63–7 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide
1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-
1763–23–1 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
2795–39–3 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt
2991–51–7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt
4151–50–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
14650–24–9 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
17202–41–4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro-, ammonium salt
24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-N-methyl-
25268–77–3 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
29081–56–9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, ammonium salt
29117–08–6 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy-
29457–72–5 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, lithium salt
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TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued
CAS No./PMN CAS Ninth Collective Index Name
31506–32–8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-
38006–74–5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, chloride
38850–58–7 1-Propanaminium, N-(2-hydroxyethyl)-N,N-dimethyl-3-[(3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-, inner salt
55120–77–9 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, lithium salt
67584–42–3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt
67906–42–7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-, ammonium salt
68156–01–4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt
68298–62–4 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2- propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol
68329–56–6 2-Propenoic acid, eicosyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, hexadecyl 2-propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and octadecyl 2-propenoate
68541–80–0 2-Propenoic acid, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-propenoate
68555–90–8 2-Propenoic acid, butyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
68555–91–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino] ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68555–92–0 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68586–14–1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, telomer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.- hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1-oxo-2-pro- penyl)oxy]poly(oxy-1,2-ethanediyl), 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2-[methyl[ (tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol
68649–26–3 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-, reac- tion products with N-ethyl-1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-hydroxyethyl)-1-butanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-1-hexanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-1-pentanesulfonamide, polymethylenepolyphenylene isocyanate and stearyl alc.
68891–96–3 Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]glycinato-.kappa.O:.kappa.O’]]- .mu.-hydroxybis(2-methyl-1-propanol)di-
68867–60–7 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and .alpha.-(1-oxo-2-propenyl)-.omega.- methoxypoly (oxy-1,2-ethanediyl)
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TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued
CAS No./PMN CAS Ninth Collective Index Name
68867–62–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 1-octanethiol and .alpha.-(1-oxo-2- propenyl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)
68909–15–9 2-Propenoic acid, eicosyl ester, polymers with branched octyl acrylate, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate, 2-[methyl [(nonafluorobutyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ac- rylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl acrylate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate Me ether and ste- aryl acrylate
68958–61–2 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-methoxy-
70225–14–8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with 2,2’-iminobis[ethanol] (1:1)
71487–20–2 2-Propenoic acid, 2-methyl-, methyl ester, polymer with ethenylbenzene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 2-propenoic acid
73772–32–4 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-hydroxy-, mono- sodium salt
81190–38–7 1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-N,N- dimethyl-, hydroxide, monosodium salt
91081–99–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with epichlorohydrin, adipates (esters)
94133–90–1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-2-hydroxy-, monosodium salt
98999–57–6 Sulfonamides, C7-8-alkane, perfluoro, N-methyl-N-[2-[(1-oxo-2-propenyl)oxy]ethyl], polymers with 2- ethoxyethyl acrylate, glycidyl methacrylate and N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-pro- penyl)oxy]ethanaminium chloride
117806–54–9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, lithium salt
129813–71–4 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-(oxiranylmethyl)
148240–80–6 Fatty acids, C18-unsatd., trimers, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters
148240–82–8 Fatty acids, C18-unsatd., trimers, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters
182700–90–9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-, reaction products with benzene-chlorine-sulfur chloride (S2Cl2) reaction products chlorides
L–92–0151 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2- methyl-2-propenoate, 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and 2-propenoic acid
P–80–0183 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethylamino)propyl], reaction products with acrylic acid 192662–29–6
P–83–1102 Fatty acids, linseed-oil, dimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters 306973–46–6
P–84–1163 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 2-ethyl-2-(hydroxymethyl)-1,3- 306975–56–4 propanediol and N,N’,2-tris(6-isocyanatohexyl)imidodicarbonic diamide, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with triethylamine
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TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued
CAS No./PMN CAS Ninth Collective Index Name
P–84–1171 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 1,1’-methylenebis[4- 306975–57–5 isocyanatobenzene] and 1,2,3-propanetriol, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with morpholine
P–86–0301 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 12-hydroxystearic 306973–47–7 acid and 2,4-TDI, ammonium salts
P–86–0958 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with 2-[methyl[(perfluoro-C4-8- 306975–62–2 alkyl)sulfonyl]amino]ethyl acrylate and vinylidene chloride
P–89–0799 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 2-ethyl-1-hexanol 160901–25–7 and polymethylenepolyphenylene isocyanate
P–90–0111 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-[(3-octadecyl-2-oxo-5-oxazolidinyl)methyl] 306974–19–6
P–91–1419 Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with 1,6-diisocyanatohexane, N-(2-hy- 306975–84–8 droxyethyl)-N-methyl perfluoro C4-8-alkane sulfonamides-blocked
P–93–1444 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with N-(hydroxymethyl)-2-propenamide, 2- 306975–85–9 [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl methacrylate, stearyl methacrylate and vinylidene chlo- ride
P–94–0545 1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-propenyl)oxy]ethyl]-, bromide, polymers with 306976–25–0 Bu acrylate, Bu methacrylate and 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
P–94–0927 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl- 306976–55–6 2-(hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-ethyl-N-(hydroxyethyl)perfluoro-C4-8- alkanesulfonamides-blocked
P–94–2206 Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propylgroup]-terminated, polymers 306974–28–7 with 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate and stearyl methacrylate
P–95–0120 Sulfonamides, C4-8-alkane, perfluoro, N,N’-[1,6-hexanediylbis[(2-oxo-3,5-oxazolidinediyl)methylene]]bis[N- 306980–27–8 methyl-
P–96–1262 Sulfonic acids, C6-8-alkane, perfluoro, compds. with polyethylene-polypropylene glycol bis(2-aminopropyl) 306974–45–8 ether
P–96–1424 2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, telomer with 2-[ethyl[(perfluoro-C4-8- 306977–10–6 alkyl)sulfonyl]amino]ethyl methacrylate and 1-octanethiol, N-oxides
P–96–1433 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts 179005–06–2
P–97–0790 1-Decanaminium, N-decyl-N,N-dimethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1- 251099–16–8 octanesulfonic acid (1:1)
P–98–0251 2-Propenoic acid, butyl ester, polymers with acrylamide, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl 306978–04–1 acrylate and vinylidene chloride
P–98–1272 2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-[methyl[(perfluoro- 306977–58–2 C4-8-alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol monoacrylate, hydrolyzed, compds. with 2,2’-(methylimino)bis[ethanol]
P–99–0188 Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-methyl perfluoro-C4-8-alkane sulfonamides- 306978–65–4 and stearyl alc.-blocked
P–99–0319 Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-.omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N- 306979–40–8 [(perfluoro-C4-8-alkyl)sulfonyl] derivs.
(2) The significant new uses are: (i) 2 of paragraph (a)(1) of this section on a significant new use subject to Any manufacture or import for any use or after January 1, 2003, except as noted reporting under this section: of any chemical listed in Table 1 of in paragraph (a)(3) of this section. (i) Use as an anti-erosion additive in paragraph (a)(1) of this section on or (3) Manufacture or import of any fire-resistant phosphate ester aviation after January 1, 2001. chemical listed in Table 2 of paragraph hydraulic fluids. (ii) Any manufacture or import for (a)(1) of this section for the following (ii) Use as a component of a any use of any chemical listed in Table specific uses shall not be considered as photoresist substance, including a photo
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acid generator or surfactant, or as a used solely for the uses listed in and in industrial and consumer film component of an anti-reflective coating, paragraph (a)(3)(i) or (ii) of this section. products. used in a photomicrolithography (iv) Use in a surface tension and static (b) [Reserved] process to produce semiconductors or discharge control coating on films, similar components of electronic or papers, and printing plates, or as a [FR Doc. 02–5747 Filed 3–8–02; 8:45 am] other miniaturized devices. surfactant or defoamer in solutions used BILLING CODE 6560–50–S (iii) Use as an intermediate only to to process films and papers, in produce other chemical substances to be traditional and laser medical imaging
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ENVIRONMENTAL PROTECTION chemicals to which this proposed SNUR For technical information contact: AGENCY would apply, and clarifies the Mary F. Dominiak, Chemical Control definitions of significant new uses. EPA Division (7405M), Environmental 40 CFR Part 721 believes that this action is necessary Protection Agency, 1200 Pennsylvania [OPPTS–50639C; FRL–6823–7] because the PFAS component of these Ave., NW., Washington, DC 20460; chemical substances may be hazardous telephone number: (202) 564–8104; e- RIN 2070–AD43 to human health and the environment. mail address: [email protected]. The required notice will provide EPA Perfluoroalkyl Sulfonates; Proposed with the opportunity to evaluate an SUPPLEMENTARY INFORMATION: Significant New Use Rule intended new use and associated I. General Information AGENCY: Environmental Protection activities and, if necessary, to prohibit Agency (EPA). or limit that activity before it occurs. A. Does this Action Apply to Me? Published elsewhere in today’s issue of ACTION: Supplemental proposed rule. the Federal Register is a final rule You may be potentially affected by this action if you manufacture (defined SUMMARY: EPA is proposing a which addresses the remainder of the supplemental significant new use rule chemicals listed in the original by statute to include import) any of the (SNUR) under section 5(a)(2) of the proposed SNUR. chemical substances that are listed in Toxic Substances Control Act (TSCA) DATES: Comments, identified by docket Table 2 of this unit. Persons who intend for the following 75 substances: control number OPPTS–50639C, must to import any chemical substance Perfluorooctanesulfonic acid (PFOSH) be received on or before April 10, 2002. governed by a final SNUR are subject to and certain of its salts (PFOSS), ADDRESSES: Comments may be the TSCA section 13 (15 U.S.C. 2612) perfluorooctanesulfonyl fluoride submitted by mail, electronically, or in import certification requirements, and (POSF), certain higher and lower person. Please follow the detailed to the regulations codified at 19 CFR homologues of PFOSH and POSF, and instructions for each method as 12.118 through 12.127 and 12.728. certain other chemical substances, provided in Unit I. of the Those persons must certify that they are including polymers, that are derived SUPPLEMENTARY INFORMATION. To ensure in compliance with the SNUR from PFOSH and its homologues. These proper receipt by EPA, it is imperative requirements. The EPA policy in chemicals are collectively referred to as that you identify docket control number support of import certification appears perfluoroalkyl sulfonates, or PFAS. This OPPTS–50639C in the subject line on at 40 CFR part 707, subpart B. In proposed rule would require the first page of your response. addition, any persons who export or manufacturers and importers to notify FOR FURTHER INFORMATION CONTACT: For intend to export any of the chemical EPA at least 90 days before commencing general information contact: Barbara substances listed in Table 2 of this unit the manufacture or import of these Cunningham, Acting Director, are subject to the export notification chemical substances for the significant Environmental Assistance Division provisions of TSCA section 12(b) (15 new uses described in this document. (74080), Office of Pollution Prevention U.S.C. 2611(b)), and must comply with This supplemental action takes into and Toxics, Environmental Protection the export notification requirements in account comments received on an Agency, 1200 Pennsylvania Ave., NW., 40 CFR 721.20 and 40 CFR part 707, earlier proposed SNUR published in the Washington, DC 20460; telephone subpart D. Potentially affected Federal Register of October 18, 2000, number: (202) 554–1404; e-mail address: categories and entities may include, but amends the description and the list of [email protected]. are not limited to:
TABLE 1.—POTENTIALLY AFFECTED ENTITIES
Categories NAICS codes Examples of potentially affected entities
Chemical Manufacturers or Importers 325 Persons who manufacture (defined by statute to include import) one or more of the subject chemical substances
Chemical Exporters 325 Persons who export, or intend to export, one or more of the subject chemical substances
This listing is not intended to be determining whether or not this action particular entity, consult the technical exhaustive, but rather provides a guide applies to certain entities. To determine person listed under FOR FURTHER for readers regarding entities likely to be whether you or your business is affected INFORMATION CONTACT. affected by this action. Other types of by this action, you should carefully Some chemicals in Table 2 of this unit entities not listed in Table 1 of this unit examine the applicability provisions in are identified by both premanufacture could also be affected. The North 40 CFR 721.5 for SNUR-related notice (PMN) and Chemical Abstract American Industrial Classification obligations. Also, consult Unit III. If you Service numbers (CAS No.). In the System (NAICS) codes have been have any questions regarding the original proposed SNUR, only the PMN provided to assist you and others in applicability of this action to a appeared with those chemicals.
TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE
CAS No./PMN CAS Ninth Collective Index Name
307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
307–51–7 1-Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-
376–14–7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
383–07–3 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
423–50–7 1-Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
423–82–5 2-Propenoic acid, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
754–91–6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
1652–63–7 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide
1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-
1763–23–1 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
2795–39–3 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt
2991–51–7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt
4151–50–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
14650–24–9 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
17202–41–4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro-, ammonium salt
24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-N-methyl-
25268–77–3 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
29081–56–9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, ammonium salt
29117–08–6 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy-
29457–72–5 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, lithium salt
31506–32–8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-
38006–74–5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, chloride
38850–58–7 1-Propanaminium, N-(2-hydroxyethyl)-N,N-dimethyl-3-[(3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-, inner salt
55120–77–9 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, lithium salt
67584–42–3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt
67906–42–7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-, ammonium salt
68156–01–4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt
68298–62–4 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2- propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol
68329–56–6 2-Propenoic acid, eicosyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, hexadecyl 2-propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and octadecyl 2-propenoate
68541–80–0 2-Propenoic acid, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-propenoate
68555–90–8 2-Propenoic acid, butyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
68555–91–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino] ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68555–92–0 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68586–14–1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, telomer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.- hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1-oxo-2-pro- penyl)oxy]poly(oxy-1,2-ethanediyl), 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2-[methyl[ (tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol
68649–26–3 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-, reac- tion products with N-ethyl-1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-hydroxyethyl)-1-butanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-1-hexanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-1-pentanesulfonamide, polymethylenepolyphenylene isocyanate and stearyl alc.
68891–96–3 Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]glycinato-.kappa.O:.kappa.O’]]- .mu.-hydroxybis(2-methyl-1-propanol)di-
68867–60–7 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and .alpha.-(1-oxo-2-propenyl)-.omega.- methoxypoly (oxy-1,2-ethanediyl)
68867–62–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 1-octanethiol and .alpha.-(1-oxo-2- propenyl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)
68909–15–9 2-Propenoic acid, eicosyl ester, polymers with branched octyl acrylate, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate, 2-[methyl [(nonafluorobutyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ac- rylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl acrylate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate Me ether and ste- aryl acrylate
68958–61–2 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-methoxy-
70225–14–8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with 2,2’-iminobis[ethanol] (1:1)
71487–20–2 2-Propenoic acid, 2-methyl-, methyl ester, polymer with ethenylbenzene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 2-propenoic acid
73772–32–4 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-hydroxy-, mono- sodium salt
81190–38–7 1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-N,N- dimethyl-, hydroxide, monosodium salt
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
91081–99–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with epichlorohydrin, adipates (esters)
94133–90–1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-2-hydroxy-, monosodium salt
98999–57–6 Sulfonamides, C7-8-alkane, perfluoro, N-methyl-N-[2-[(1-oxo-2-propenyl)oxy]ethyl], polymers with 2- ethoxyethyl acrylate, glycidyl methacrylate and N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-pro- penyl)oxy]ethanaminium chloride
117806–54–9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, lithium salt
129813–71–4 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-(oxiranylmethyl)
148240–80–6 Fatty acids, C18-unsatd., trimers, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters
148240–82–8 Fatty acids, C18-unsatd., trimers, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters
182700–90–9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-, reaction products with benzene-chlorine-sulfur chloride (S2Cl2) reaction products chlorides
L–92–0151 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2- methyl-2-propenoate, 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and 2-propenoic acid
P–80–0183 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethylamino)propyl], reaction products with acrylic acid 192662–29–6
P–83–1102 Fatty acids, linseed-oil, dimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters 306973–46–6
P–84–1163 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 2-ethyl-2-(hydroxymethyl)-1,3- 306975–56–4 propanediol and N,N’,2-tris(6-isocyanatohexyl)imidodicarbonic diamide, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with triethylamine
P–84–1171 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 1,1’-methylenebis[4- 306975–57–5 isocyanatobenzene] and 1,2,3-propanetriol, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with morpholine
P–86–0301 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 12-hydroxystearic 306973–47–7 acid and 2,4-TDI, ammonium salts
P–86–0958 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with 2-[methyl[(perfluoro-C4-8- 306975–62–2 alkyl)sulfonyl]amino]ethyl acrylate and vinylidene chloride
P–89–0799 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 2-ethyl-1-hexanol 160901–25–7 and polymethylenepolyphenylene isocyanate
P–90–0111 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-[(3-octadecyl-2-oxo-5-oxazolidinyl)methyl] 306974–19–6
P–91–1419 Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with 1,6-diisocyanatohexane, N-(2-hy- 306975–84–8 droxyethyl)-N-methyl perfluoro C4-8-alkane sulfonamides-blocked
P–93–1444 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with N-(hydroxymethyl)-2-propenamide, 2- 306975–85–9 [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl methacrylate, stearyl methacrylate and vinylidene chlo- ride
P–94–0545 1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-propenyl)oxy]ethyl]-, bromide, polymers with 306976–25–0 Bu acrylate, Bu methacrylate and 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
P–94–0927 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl- 306976–55–6 2-(hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-ethyl-N-(hydroxyethyl)perfluoro-C4-8- alkanesulfonamides-blocked
P–94–2206 Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propylgroup]-terminated, polymers 306974–28–7 with 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate and stearyl methacrylate
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TABLE 2.—CHEMICAL SUBSTANCES COVERED BY THIS PROPOSED RULE—Continued
CAS No./PMN CAS Ninth Collective Index Name
P–95–0120 Sulfonamides, C4-8-alkane, perfluoro, N,N’-[1,6-hexanediylbis[(2-oxo-3,5-oxazolidinediyl)methylene]]bis[N- 306980–27–8 methyl-
P–96–1262 Sulfonic acids, C6-8-alkane, perfluoro, compds. with polyethylene-polypropylene glycol bis(2-aminopropyl) 306974–45–8 ether
P–96–1424 2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, telomer with 2-[ethyl[(perfluoro-C4-8- 306977–10–6 alkyl)sulfonyl]amino]ethyl methacrylate and 1-octanethiol, N-oxides
P–96–1433 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts 179005–06–2
P–97–0790 1-Decanaminium, N-decyl-N,N-dimethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1- 251099–16–8 octanesulfonic acid (1:1)
P–98–0251 2-Propenoic acid, butyl ester, polymers with acrylamide, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl 306978–04–1 acrylate and vinylidene chloride
P–98–1272 2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-[methyl[(perfluoro- 306977–58–2 C4-8-alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol monoacrylate, hydrolyzed, compds. with 2,2’-(methylimino)bis[ethanol]
P–99–0188 Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-methyl perfluoro-C4-8-alkane sulfonamides- 306978–65–4 and stearyl alc.-blocked
P–99–0319 Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-.omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N- 306979–40–8 [(perfluoro-C4-8-alkyl)sulfonyl] derivs.
B. How Can I Get Additional available for inspection in the TSCA CBI. Electronic comments must be Information, Including Copies of this Nonconfidential Information Center, submitted as an ASCII file avoiding the Document or Other Related Documents? North East Mall Rm. B–607, Waterside use of special characters and any form 1. Electronically. You may obtain Mall, 401 M St., SW., Washington, DC. of encryption. Comments and data will electronic copies of this document, and The Center is open from noon to 4 p.m., also be accepted on standard disks in certain other related documents that Monday through Friday, excluding legal WordPerfect 6.1/8.0 or ASCII file might be available electronically, from holidays. The telephone number for the format. All comments in electronic form the EPA Internet Home Page at http:// Center is (202) 260–7099. must be identified by docket control www.epa.gov/. To access this document, C. How and to Whom Do I Submit number OPPTS–50639C. Electronic on the Home Page select ‘‘Laws and Comments? comments may also be filed online at Regulations,’’ ‘‘Regulations and You may submit comments through many Federal Depository Libraries. Proposed Rules,’’ and then look up the the mail, in person, or electronically. To D. How Should I Handle CBI entry for this document under the ensure proper receipt by EPA, it is ‘‘Federal Register—Environmental Information That I Want to Submit to imperative that you identify docket the Agency? Documents.’’ You can also go directly to control number OPPTS–50639C in the the Federal Register listings at http:// subject line on the first page of your Do not submit any information www.epa.gov/fedrgstr/. response. electronically that you consider to be 2. In person. The Agency has 1. By mail. Submit your comments to: CBI. You may claim information that established an official record for this Document Control Office (7407M), you submit to EPA in response to this action under docket control number Office of Pollution Prevention and document as CBI by marking any part or OPPTS–50639C. The official record Toxics (OPPT), Environmental all of that information as CBI. consists of the documents specifically Protection Agency, 1200 Pennsylvania Information so marked will not be referenced in this action, any public Ave., NW., Washington, DC 20460. comments received during an applicable disclosed except in accordance with 2. In person or by courier. Deliver procedures set forth in 40 CFR part 2. comment period, and other information your comments to: OPPT Document In addition to one complete version of related to this action, including any Control Office (DCO) in Rm. 6428, EPA the comment that includes any information claimed as Confidential East, 1201 Constitution Ave., NW., Business Information (CBI). This official Washington, DC. The DCO is open from information claimed as CBI, a copy of record includes the documents that are 8 a.m. to 4 p.m., Monday through the comment that does not contain the physically located in the docket, as well Friday, excluding legal holidays. The information claimed as CBI must be as the documents that are referenced in telephone number for the DCO is (202) submitted for inclusion in the public those documents. The public version of 564–8930. version of the official record. the official record does not include any 3. Electronically. You may submit Information not marked confidential information claimed as CBI. The public your comments electronically by e-mail will be included in the public version version of the official record, which to: [email protected], or mail your of the official record without prior includes printed, paper versions of any computer disk to the address identified notice. If you have any questions about electronic comments submitted during above. Do not submit any information CBI or the procedures for claiming CBI, an applicable comment period, is electronically that you consider to be please consult the technical person
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listed under FOR FURTHER INFORMATION are collectively referred to throughout changes the type, form, magnitude, or CONTACT. this proposed rule as PFAS. In the duration of exposure to the substance; original proposed SNUR, these and the reasonably anticipated manner E. What Should I Consider as I Prepare chemicals were referred to collectively of producing or otherwise managing the My Comments for EPA? as perfluorooctylsulfonates, or PFOS, substance. Once EPA makes this We invite you to provide your views but commenters noted that this generic determination and promulgates a SNUR, on the various options we propose, new usage of the term PFOS was inconsistent TSCA section 5(a)(1)(B) requires persons approaches we have not considered, the with the use by the manufacturer, the to submit a significant new use notice potential impacts of the various options Minnesota Mining and Manufacturing (SNUN) to EPA at least 90 days before (including possible unintended Company (3M), of PFOS to refer only to they manufacture, import, or process the consequences), and any data or chemicals with an eight-carbon, or C8, chemical substance for that significant information that you would like the chain length. Many of the chemicals in new use (15 U.S.C. 2604 (a)(1)(B)). Agency to consider during the the proposed SNUR include a range of C. Which General Provisions Apply? development of the final action. You carbon chain lengths, although they all may find the following suggestions include C8 within the range. General provisions for SNURs are helpful for preparing your comments: Accordingly, EPA will use the generic published under 40 CFR part 721, 1. Explain your views as clearly as term PFAS to refer to any carbon chain subpart A. These provisions describe possible. length, including higher and lower persons subject to the rule, 2. Describe any assumptions that you homologues as well as C8, and the term recordkeeping requirements, used. PFOS to represent only those chemical exemptions to reporting requirements, 3. Provide copies of any technical substances which are predominantly C8. and applicability of the rule to uses information and/or data you used that The significant new uses described by occurring before the effective date of the support your views. this document are: final rule. Note that because this 4. If you estimate potential burden or 1. Any manufacture or import for any proposed rule would designate certain costs, explain how you arrived at the use of any chemical listed in Table 2, manufacturing and importing activities estimate that you provide. Unit I.A., on or after January 1, 2003, as significant new uses, persons that 5. Provide specific examples to except as noted in Unit II.A.2. solely process or use the chemical illustrate your concerns. 2. Manufacture or import of any substances that would be covered by 6. Offer alternative ways to improve chemical listed in Table 2, Unit I.A., this action would not be subject to the the proposed rule or collection activity. solely for one or more of the following rule. Provisions relating to user fees 7. Make sure to submit your specific uses shall not be considered as appear at 40 CFR part 700. Persons comments by the deadline in this a significant new use subject to subject to this proposed SNUR would be document. reporting under this section: required to comply with the same notice 8. To ensure proper receipt by EPA, i. Use as an anti-erosion additive in requirements and EPA regulatory be sure to identify the docket control fire-resistant phosphate ester aviation procedures as submitters of PMNs under number assigned to this action in the hydraulic fluids. TSCA section 5(a)(1)(A). In particular, subject line on the first page of your ii. Use as a component of a these requirements include: The response. You may also provide the photoresist substance, including a photo information submission requirements of name, date, and Federal Register acid generator or surfactant, or as a TSCA section 5(b) and 5(d)(1); the citation. component of an anti-reflective coating, exemptions authorized by TSCA section used in a photomicrolithography 5 (h)(1), (2), (3), and (5); the export II. Background process to produce semiconductors or notification provisions of TSCA section A. What Action is the Agency Taking? similar components of electronic or 12(b); and the export notification other miniaturized devices. requirements in 40 CFR part 707, The Agency is supplementing the iii. Use as an intermediate only to subpart D. Once EPA receives a SNUN, proposed SNUR published in the produce other chemical substances to be EPA may take regulatory action under Federal Register of October 18, 2000 (65 used solely for the uses listed in Unit TSCA sections 5(e), 5(f), 6, or 7, if FR 62319) (FRL–6745–5), to take into II.A.2.i. or ii. appropriate, to control the activities on account comments submitted on that iv. Use in a surface tension and static which it has received the SNUN. If EPA proposed rule, to amend the list of discharge control coating on films, does not take action, EPA is required chemical substances to which the papers, and printing plates, or as a under TSCA section 5(g) to explain in proposed SNUR would apply, and to surfactant or defoamer in solutions used the Federal Register its reasons for not more clearly define significant new uses to process films and papers, in taking action. of these chemical substances. This traditional and laser medical imaging III. Summary of this Supplemental supplemental proposed rule would and in industrial and consumer film Proposed Rule require persons to notify EPA at least 90 products. days before commencing the The chemical substances subject to manufacture or import of the chemical B. What is the Agency’s Authority for this supplemental proposed SNUR are substances identified in Table 2, Unit Taking this Action? listed in Table 2, Unit I.A. These I.A., for the significant new uses Section 5(a)(2) of TSCA (15 U.S.C. chemical substances include PFOSH, described in this document. The 2604(a)(2)) authorizes EPA to determine PFOSS, POSF, certain higher and lower chemical substances identified in Table that a use of a chemical substance is a homologues of PFOSH and POSF, and 2, Unit I.A., are 75 chemical substances, ‘‘significant new use.’’ The Agency certain other chemical substances, including PFOSH, PFOSS, POSF, makes this determination by rule after including polymers, that are derived certain higher and lower homologues of considering all relevant factors, from PFOSH and its homologues. All of PFOSH and POSF, and certain other including those listed in TSCA section these chemical substances are referred chemical substances, including 5(a)(2). These factors include the to collectively in this proposed rule as polymers, that are derived from PFOSH volume of a chemical substance’s perfluoroalkyl sulfonates, or PFAS. In and its homologues. These chemicals production; the extent to which a use the original proposed SNUR (65 FR
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62319, October 18, 2000), these chemicals as described in the original EPA determined that the remaining 75 chemicals had been referred to proposed SNUR. chemicals, which appear in Table 2, collectively as perfluorooctylsulfonates, The original proposed SNUR included Unit I.A., presented issues that or PFOS, but commenters noted that these and 15 other chemicals, and warranted the proposal of this this generic usage of PFOS was would have identified as a significant supplemental SNUR. Commenters inconsistent with 3M’s use of PFOS to new use: Any manufacture or import of provided information confirming that, refer only to chemicals with an eight- any of these chemicals for any use on contrary to the information available to carbon, or C8, chain length. Many of the or after January 1, 2003; and any the EPA when the original proposed chemicals in the proposed SNUR manufacture or import in excess of SNUR was published, 3M was not the included a range of carbon chain specified volume limits between sole manufacturer of certain of the lengths, although they all did include January 1, 2001, and December 31, 2002. chemical substances on Table 2, Unit C8 within the range. Accordingly, EPA At the request of prospective I.A., which commenters were importing will use the generic term PFAS to refer commenters, EPA extended the date for in small quantities below mandatory to any chain length, including higher submitting comments from November reporting thresholds for their specific and lower homologues as well as C8, 17, 2000, to January 1, 2001 (65 FR uses from non-3M sources outside the and the term PFOS to represent only 69889, November 21, 2000) (FRL–6756– United States prior to the publication of those chemicals which are 9). Twenty-six timely comments were the proposed SNUR. The identities, predominantly C8. submitted on the proposed SNUR. amounts, and suppliers of those specific All of the chemical substances listed Because of the complexity of the issues chemicals were claimed as confidential in this supplemental proposed SNUR and the interest expressed by the business information (CBI), and thus have the potential to degrade to PFOSH commenters, EPA announced a public cannot be specifically identified in this in the environment. Information also meeting on the proposed SNUR (66 FR proposed rule. To the extent that specific PFAS suggests that these chemical substances 11243, February 23, 2001) (FRL–6771– chemical substances on the proposed may be converted to PFOSH via 4), which was conducted on March 27, SNUR lists were being obtained from incomplete oxidation during the 2001, to provide commenters with the sources other than 3M for specific uses incineration of PFAS-containing opportunity to expand upon their prior to the publication of the proposed materials. Once PFOSH has been comments, offer clarifications, and SNUR, and thus would not be affected further explain their issues and released to the environment, it does not by 3M’s unilateral decision to concerns. At that meeting, several undergo further chemical (hydrolysis), discontinue production, those particular participants expressed a willingness to microbial, or photolytic degradation. uses of those specific chemicals would gather and submit additional PFOSH is highly persistent in the be considered ongoing and would not be information concerning their need for environment and has a strong tendency subject to a significant new use and specific use of certain of these to bioaccumulate. Studies have found determination. These specific uses are: PFOS chemicals in very small quantities chemicals, and EPA indicated that it As a component of a photoresist in the blood of the general human would consider those post-meeting substance, including a photo acid population as well as in wildlife, submissions as a formal part of the generator or surfactant, or as a indicating that exposure to the rulemaking record. EPA requested that component of an anti-reflective coating, chemicals is widespread, and recent these submissions include specific used in a photomicrolithography tests have raised concerns about their information on PFAS exposures and process to produce semiconductors or potential developmental, reproductive, releases associated with various uses, as similar components of electronic or and systemic toxicity (Refs. 1, 2, and 3). well as documentation about the extent other miniaturized devices. These facts, taken together, raise to which PFAS chemical substances on Accordingly, this supplemental concerns for long term potential adverse the proposed SNUR lists were being proposed SNUR identifies these specific effects in people and wildlife over time obtained for specific uses from sources uses of those particular chemicals as not if PFOS should continue to be other than 3M, and thus would not be being significant new uses of the produced, released, and built up in the affected by 3M’s unilateral decision to chemicals listed in Table 2, Unit I.A., environment. A detailed discussion of discontinue production. (Ref. 5) The and thus as not being subject to this these concerns appeared in the original final such submission was received by proposed SNUR. proposed SNUR (65 FR 62319, October the EPA on October 3, 2001. All of these Some commenters in this industry 18, 2000) and in the EPA Hazard submissions are in the docket for this who were not importing from non-3M Assessment document in the docket for proceeding. sources indicated that they were using the proposed SNUR (Ref. 4). In its Following review and consideration certain chemicals listed in the proposed comments on the proposed SNUR, 3M of all the comments, correspondence, SNUR, as well as other PFAS chemicals emphasized that no data indicated that and additional submissions, EPA that were not included in the proposed adverse effects were currently being determined that the proposed SNUR SNUR. Both individually and through observed in humans and wildlife. 3M should be promulgated as final for the an industry-wide submission of mass also noted that additional data under 13 chemicals, employed principally in balance data tracking the use and final development might change some of the coatings for textiles, carpet, apparel, disposition of these PFAS chemicals, all EPA’s preliminary conclusions. 3M leather, and paper, on which no commenters in this industry indicated challenged the simplification in the comments were received and which 3M, that these chemicals were used in very preamble of EPA’s characterization of the sole manufacturer, confirmed were small quantities under 2,000 kilograms certain of the hazard studies analyzed in discontinued from manufacture before (kg) (4,400 lbs) per year total in the the EPA Hazard Assessment, which 3M December 31, 2000. EPA also removed United States, under controlled felt overstated some of the EPA’s hazard from the rule two chemicals that had conditions that virtually eliminated conclusions. None of the other appeared by error in the original occupational exposures to the chemicals comments submitted on the proposal proposed SNUR. That final rule is and presented very low releases to the addressed the hazards, environmental published elsewhere in today’s issue of environment. They also presented fate, or exposures associated with these the Federal Register. information on the lack of viable
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alternatives for these chemicals because well as the critical safety nature of the which exclusions are being proposed, of their unique performance use, EPA proposes to exclude the and much less is known about the characteristics, and described their manufacture or import of these PFAS extent of exposures and releases related efforts to further reduce the use of PFAS chemicals for use in this application to these uses. EPA is concerned that chemicals and to continually improve from the definition of significant new new manufacture or importation for their handling and disposal practices to use. these photographic uses may reduce or eliminate PFAS exposures Commenters in the semiconductor significantly affect the type, magnitude, and releases. (Ref. 6) and aviation hydraulics industries also and duration of exposure to these Given the extremely low volume of indicated that, in order to produce the chemicals because of their known use and the stringent controls on specific PFAS chemicals used in their persistence. EPA therefore specifically exposure and releases, EPA is proposing applications, certain additional requests comment on this proposed not to include in the definition of chemicals on the list in Table 2, Unit exclusion of these photographic uses significant new use the manufacture or I.A., would be required for use as from the significant new use definition, import of chemicals listed in Table 2, intermediate chemicals in the particularly addressing the anticipated Unit I.A., including chemicals which manufacturing process. Accordingly, exposures and releases that may result had not been imported from non-3M EPA proposes to exclude from the from these uses, and including sources prior to the publication of the significant new use definition the use of information on handling and disposal proposed SNUR, for use as a component these PFAS chemicals as intermediates controls that would control, reduce, or of a photoresist substance, including a only to produce other chemicals used eliminate such exposures and releases. photo acid generator or surfactant, or a solely for the excluded semiconductor In the absence of such information to component of an anti-reflective coating, and aviation hydraulics uses. confirm the Agency’s understanding used in a photomicrolithography Commenters in the photography and support the proposed exclusion, process to produce semiconductors or industry, in addition to raising the EPA may include these photographic similar components of electronic or semiconductor applications addressed uses in the definition of significant new other miniaturized devices. EPA is earlier in this section, also identified as uses that would be subject to this SNUR proposing this exclusion in recognition critical the use of certain PFAS at such time as a final rule is of the industry’s commitment to chemicals in surface tension and static promulgated, perhaps defining the new continue to pursue better controls to discharge control coatings on films, use based on a volume cap on new ensure that this use will not increase the papers, and printing plates, and as manufacture or importation intended for type, magnitude, or duration of surfactants and defoamers in solutions this use. exposure to PFAS chemicals. used to process films and papers, Accordingly, EPA proposes to require Three commenters also provided particularly in both traditional and laser persons to notify EPA at least 90 days information indicating that their medical imaging and in some industrial before commencing the manufacture or specific use of the 3M formulations and consumer film products. The import of the chemical substances FC93 and FC98, which contain three of industry estimated the total annual use identified in Table 2, Unit I.A., for the the PFAS chemicals (CAS Nos. 2795– of these PFAS chemicals in medical significant new uses described in this 39–3, 67584–42–3, and 68156–01–4) imaging for disease diagnosis at 30,600 document. The significant new uses listed in Table 2, Unit I.A, as an anti- kg (67,320 lbs), with another 5,400 kg described by this notice are: erosion additive in fire-resistant (11,880 lbs) used per year in industrial 1. Any manufacture or import for any phosphate ester aviation hydraulic (i.e., oil pipeline x-ray; aerial use of any chemical listed in Table 2 of fluids, was critical to the safe reconnaissance photography) and some Unit I.A., on or after January 1, 2003, performance of large cargo and consumer applications. Some except as noted Unit III.2. passenger aircraft, and that there are at information on specific chemicals used 2. Manufacture or import of any present no viable alternatives to PFAS in these applications, as well as on the chemical listed in Table 2, Unit I.A., for this use. These commenters also sources of those chemicals, was claimed solely for one or more of the following indicated that, although 3M has been as confidential. Specific information on specific uses shall not be considered as their source, the PFAS chemicals used exposures and releases from all these a significant new use subject to in this application have also been uses was not provided. These reporting under this section: produced by other foreign sources prior commenters indicated that they were i. Use as an anti-erosion additive in to the publication of the SNUR, conducting research to find alternatives fire-resistant phosphate ester aviation although they have not been imported. to these PFAS chemicals in these uses, hydraulic fluids. They reported that the total aggregate but that they believed they would not be ii. Use as a component of a use of PFAS in this application by all able to find and technically qualify photoresist substance, including a photo aviation consumers is less than 5,000 viable alternatives for use before the end acid generator or surfactant, or as a lbs per year (2,273 kg), and that because of the phase-out period. (Refs. 11 and component of an anti-reflective coating, these systems are sealed at the time of 12) used in a photomicrolithography manufacture, worker exposures and EPA is proposing to exclude these process to produce semiconductors or releases to the environment are photographic uses from the definition of similar components of electronic or minimal. They noted that ongoing significant new use in the SNUR, based other miniaturized devices. research for possible replacement on its understanding that the industry is iii. Use as an intermediate only to chemicals could not produce viable actively working to move away from produce other chemical substances to be alternatives for several years, because of these PFAS chemicals and to reduce the used solely for the uses listed in Unit requirements that these products meet use and release of PFAS. EPA is III.2.i. or ii. military specifications or gain approval concerned, however, that these uses, iv. Use in a surface tension and static from the Federal Aviation while much lower in volume than the discharge control coating on films, Administration (FAA). (Refs. 7, 8, 9, and discontinued coating uses on textiles, papers, and printing plates, or as a 10) Based on the information presented, apparel, carpet, furniture, and paper, are surfactant or defoamer in solutions used including the very low volume of use substantially greater in volume than the to process films and papers, in and the low potential for exposure, as semiconductor and aviation uses for traditional and laser medical imaging
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and in industrial and consumer film may present issues and concerns similar proposing to exclude the manufacture or products. to those associated with PFOS. importation of PFAS chemicals One comment indicated that certain specifically for use as an anti-erosion IV. Applicability of Proposed Rule to of the chemicals on the list were in use additive in fire-resistant phosphate ester Uses Occurring Before the Effective and registered as active ingredients in aviation hydraulic fluids from the Date of the Final Rule pesticide formulations, and that definition of significant new use to EPA believes that the intent of TSCA chemicals in such use, being regulated which this proposed SNUR would section 5(a)(1)(B) is best served by by the Federal Insecticide, Fungicide, apply. No SNUN would thus be designating a use as a significant new and Rodenticide Act (FIFRA), would be required from a company or individual use as of the proposal date of the SNUR, excluded from the TSCA definition of a manufacturing or importing any of the rather than as of the effective date of the ‘‘chemical substance’’ and would thus PFAS chemicals on Table 2, Unit I.A., final rule. If uses begun after publication not be subject to the proposed SNUR or for this specific use. of the proposed SNUR were considered other reporting requirements under Several companies in the to be ongoing, rather than new, it would TSCA. Pesticides are excluded from semiconductor industry submitted be difficult for EPA to establish SNUR regulation under TSCA, although comments and participated in meetings notice requirements, because any person pesticide intermediates (chemicals both individually and through their could defeat the SNUR by initiating the manufactured for the purpose of respective trade associations, indicating proposed significant new use before the producing regulated pesticide that 3M was not the only supplier of the rule became final, and then argue that ingredients) are subject to TSCA specific PFAS chemicals used in their the use was ongoing. regulation. Following the publication of particular applications; some companies Persons who begin commercial the proposed SNUR, however, the supplied confidential data indicating manufacture or import of the PFAS pesticide registrants voluntarily that they had been importing very small chemicals listed in Table 2, Unit I.A., negotiated product stewardship quantities of certain of these chemicals for the significant new uses listed in this agreements with the EPA Office of from non-3M sources. At the time the proposed SNUR after the proposal has Pesticide Programs to cancel some original SNUR was proposed, EPA was been published must stop that activity registered products and to phase out unaware that this importation was before the effective date of the final rule. others. taking place, because the quantities Persons who ceased those activities will Three commenters noted that three involved were below the threshold for have to meet all SNUR notice PFAS chemicals included in the reporting such importation to the EPA. requirements and wait until the end of proposed SNUR (CAS Nos. 2795–39–3, Both individually and through an the notice review period, including all 67584–42–3, and 68156–01–4) were industry-wide mass balance submission, extensions, before engaging in any components of 3M products FC93 and the commenters indicated that these activities designated as significant new FC 98, currently being used in very chemicals were used in very small uses. If, however, persons who begin small concentrations (generally less quantities, under 2,000 kg (4,400 lbs) commercial manufacture or import of than 500 parts per million (ppm), or per year total in the United States, these chemical substances between the 0.05% PFOS) as anti-erosion additives under controlled conditions that proposal and the effective date of the in fire-resistant phosphate ester aviation virtually eliminated occupational SNUR meet the conditions of advance hydraulic fluids, and that these uses exposures to the chemicals. They also compliance as codified at 40 CFR were critical to the safe functioning of presented information concerning their 721.45(h), those persons will be control surfaces, brakes, steering, and search for and conversion to non-PFOS considered to have met the final SNUR landing gear on virtually all large cargo, chemicals in certain applications, as requirements for those activities. military, and passenger transport well as ongoing modifications to their aircraft. The commenters indicated that wastewater handling and treatment V. Summary and Response to untreated phosphate ester fluids, used operations that would dramatically Comments on Original Proposed Rule for their high fire resistance, support reduce their PFAS releases to the EPA received 26 timely comments on electrochemical erosion of control environment. They expressed an the original proposed SNUR, and valves within sealed hydraulic systems, interest in continuing to work with the numerous additional presentations and and that these PFAS chemicals were the EPA to further reduce the use of PFAS, correspondence at and following the only additives discovered in twenty but indicated that, at present, viable public meeting. As described in this years of research that could eliminate alternatives for PFAS have not been unit and in Unit III., all of these this problem. They indicated that the qualified for two uses critical to both the materials were taken into consideration total aggregate use of PFAS in this commercial success of the industry and in the preparation of this supplemental application by all aviation consumers is to its technological contributions to proposed SNUR. All of these materials less than 5,000 lbs (2,273 kg) per year, national security: as a component of a have been placed in docket OPPTS– and that because these systems are photoresist substance, including a photo 50639. sealed at the time of manufacture, acid generator or surfactant, or as a One comment addressed the use of worker exposures and releases to the component of an anti-reflective coating, PFOS in aqueous film-forming foam environment are minimal. They noted used in a photomicrolithography (AFFF) fire fighting products, and that ongoing research for possible process to produce semiconductors or commended the Agency for terminating replacement chemicals could not similar components of electronic or this application. 3M voluntarily exited produce any viable alternatives for other miniaturized devices. this market, and was the only producer several years, because of requirements Because companies had been of PFOS-based AFFF, although non- that these products meet military importing certain of the chemical PFOS-based AFFF products using other specifications or gain approval from substances on Table 2, Unit I.A., in very fluorinated surfactants remain in use FAA. Given the low volumes involved, small quantities from non-3M sources and are unaffected by this proposed the minimal exposure and release for use as a component of a photoresist regulation. EPA is continuing to potential, the aviation safety substance or an anti-reflective coating investigate these related fluorinated requirements, and the demonstrated used in a photomicrolithography surfactants to determine whether they lack of viable alternatives, EPA is process prior to the publication of the
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original proposed SNUR, EPA considers issues, the photography industry also and to reduce the use and release of those uses of those particular substances identified as critical the use of certain PFAS. EPA is concerned, however, that to be ongoing, and the continuing PFAS chemicals in surface tension and these uses, while much lower in volume manufacture or import of those specific static discharge control coatings on than the discontinued coating uses on PFAS chemicals for those uses, films, papers, and printing plates, and textiles, apparel, carpet, furniture, and particularly in the small amounts and as surfactants and defoamers in paper, are substantially greater than the under the types of exposure and release solutions used to process films and semiconductor and aviation uses for controls described by the commenters, papers, particularly in both traditional which exclusions are also being would thus not be subject to the SNUR, and laser medical imaging and in some proposed, and much less is known as reflected in this supplemental industrial and consumer film products. about the extent of exposures and proposal. EPA further proposes to The industry estimated the total annual releases related to these uses. EPA is exclude from the significant new use use of these PFAS chemicals in medical concerned that these photographic uses definition these specific uses of the imaging for disease diagnosis at 30,600 may significantly affect the type, additional PFAS chemicals on Table 2, kg (67,320 lbs), with another 5,400 kg magnitude, and duration of exposure to Unit I.A, which had not previously been (11,880 lbs) used per year in industrial these chemicals because of their known imported into the United States from (i.e., oil pipeline x-ray; aerial persistence. EPA therefore specifically non-3M sources. In proposing this reconnaissance photography) and some requests comment on this proposed exclusion, EPA recognizes that the consumer applications. Specific exclusion of these photographic uses, amounts involved are small, and that information on exposures and releases particularly addressing the anticipated the industry has committed to continue from all these uses was not provided. exposures and releases that may result to pursue better controls to ensure that Some of the specific chemicals used, the from these uses, and including this use will not increase the type, sources from which those chemicals information on handling and disposal magnitude, or duration of exposure to were obtained, and the amounts used by controls that would control, reduce, or PFAS chemicals. No SNUN would thus individual companies were claimed as eliminate such exposures and releases. be required from a company or confidential business information. The In the absence of such information to individual manufacturing or importing photographic industry commenters confirm the Agency’s understanding any of the PFAS chemicals on Table 2, expressed willingness to work toward and support the proposed exclusion, Unit I.A. for this specific use. reducing the amount of PFAS being EPA may include these photographic Commenters in both the aviation and used in their applications, but indicated uses in the definition of significant new semiconductor industries also indicated concern that viable alternatives might uses that would be subject to this SNUR that certain chemical substances listed not be available or qualified by the at such time as a final rule is in the SNUR are essential chemical phase-out date announced by 3M and promulgated, perhaps defining the new intermediates required to make the reflected in the original proposed use based on a volume cap on new PFAS products that are actually used in SNUR. They requested an extension of manufacture or importation intended for electronics manufacture and hydraulic the phase-out period for their claimed this use. fluids. EPA proposes to exclude from critical use applications. One commenter indicated that it the significant new use definition the The phase-out dates in the original imported small quantities of some of the use of listed PFAS chemicals as proposed SNUR were determined by chemicals listed in the original intermediates only to produce other 3M’s voluntary commitment to proposed SNUR for various chemical substances to be used solely discontinue production of these PFAS applications, but gave no further for the semiconductor and aviation uses chemicals. The basis for EPA’s original information to identify which chemicals already described. SNUR proposal was that any production it imported, or whether 3M—which has EPA commends the aviation and of these chemicals following the 3M production facilities abroad—was the semiconductor industries in particular phaseout would by definition be new, source of the imported chemicals. Some for their diligence in providing useful since at the time the proposal issued, of the uses mentioned in this comment tools and information and in working 3M had been the sole producer; and any have been addressed in this unit in the with the Agency to achieve a full new production would necessarily contexts of the industries which understanding of the issues presented affect the type, magnitude, and duration provided more details on use. Without by PFAS in these industries. EPA of exposure, because these chemicals more specific substantiation of the further acknowledges their pledge to are persistent. New production would asserted importation, this comment continue to work toward further add to the base amount of these cannot be further addressed. reductions in the use and release of chemicals already present in the One private citizen commended the PFAS chemicals notwithstanding the environment, and widespread exposure EPA for taking action on PFOS, but proposed identification of these low to these chemicals has been noted that there must be more PFAS volume, low release, and controlled demonstrated through the detection of chemicals on the Inventory than were exposure uses as not included within PFOS in the blood of the general listed in the original SNUR, and that the definition of significant new uses population and of wildlife. similar action should be taken to subject to this SNUR. The commenters did not propose a address those other chemicals. EPA is Four companies and a trade time frame for an extended phase-out of evaluating other PFAS and PFAS- association presented comments and these chemicals for their specific use. related chemicals, but used the supplementary correspondence Because the amount of time that might mechanism of the proposed SNUR to concerning the use of PFAS chemicals be required is uncertain, instead of address the specific chemicals that it in the photography industry. To the proposing a specific extension of the had sufficient reason to believe were extent that those comments concerned phase-out period, EPA is proposing to either not currently in use or were being photomicrolithography in the exclude these photographic uses from phased out by their sole producer. If semiconductor context, they are the definition of a significant new use regulatory action on other PFAS or addressed above in the EPA’s response under the SNUR, on the understanding PFAS-related chemicals is warranted, to the semiconductor industry in this that the industry is actively working to EPA will propose appropriate action unit. Separately from the semiconductor move away from these PFAS chemicals when its evaluation is complete.
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The National Aeronautics and Space USEPA/OPPT/RAD. Washington, DC. Indian Tribes. Accordingly, the Administration (NASA) noted that it August 31, 2000. requirements of section 3(b) of used many chemicals in its Space 5. Dominiak, Mary. PFOS Public Executive Order 13084, entitled Shuttle program and was not certain at Meeting Summary and Attendee List. Consultation and Coordination with the time of its initial comment USEPA/OPPT/CCD. Washington, DC. Indian Tribal Governments (63 FR submission whether those would April 27, 2001. 276755, May 19, 1998), do not apply to include any of the PFAS chemicals in 6. Harper, Stephen and Dripps, Greg. this proposed rule. Executive Order the proposed SNUR. EPA has not Letter (with appendices) to Charles M. 13175, entitled Consultation and received any subsequent Auer. Semicondustor Industry Coordination with Indian Tribal communications from NASA that would Association and Semiconductor Governments (65 FR 67249, November indicate that NASA concluded that the Equipment and Materials International. 6, 2000), which took effect on January proposed SNUR would present issues. Washington, DC. October 3, 2001. 6, 2001, revokes Executive Order 13084 3M provided comments suggesting 7. Jarnot, Bruce. Comments of as of that date. EPA developed this some changes in the acronyms used in ExxonMobil Lubricants and Petroleum proposed rule, however, during the the proposed SNUR to make them Specialties. Fairfax, VA. November 16, period when Executive Order 13084 was consistent with the nomenclature 2000. in effect; thus, EPA addressed tribal customarily used by 3M and the 8. Frank, Matthew. Comments of considerations under Executive Order industry. 3M also requested minor Boeing. Arlington, VA. November 17, 13084. For the same reasons stated for changes to the two tables of chemicals 2000. Executive Order 13084, the listed in the SNUR to correct the 9. Downes, Jim. Comments of Solutia. requirements of Executive Order 13175 assignment of four chemicals to the St. Louis, MO. November 13, 2000. do not apply to this proposed rule wrong table, and to remove two 10. Downes, Jim. Supplementary either. Nor will this action have a chemicals that had not been included in Comments of Solutia at EPA Public substantial direct effect on States, on the 3M’s phaseout plan. EPA adopted the Meeting. Washington, DC. March 27, relationship between the national 3M nomenclature and made the table 2001. government and the States, or on the adjustments. 3M emphasized that no 11. O’Donoghue, John. PFOS and distribution of power and data indicated that adverse effects were Imaging. Presentation of Photographic responsibilities among the various currently being observed in humans and and Imaging Manufacturers Association levels of government, as specified in wildlife. 3M also noted that additional at EPA Public Meeting. Washington, DC. Executive Order 13132, entitled data under development might change March 27, 2001. Federalism (64 FR 43255, August 10, some of the EPA’s preliminary 12. O’Donoghue, John. Letter to 1999). conclusions. 3M challenged the Charles M. Auer, Followup to the March This proposed rule is not subject to simplification in the preamble of EPA’s 27, 2001 Public Meeting. Rochester, NY. Executive Order 13211, entitled Actions characterization of certain of the hazard April 24, 2001. Concerning Regulations That studies analyzed in the EPA Hazard VII. Regulatory Assessment Significantly Affect Energy Supply, Assessment, which 3M felt overstated Requirements Distribution, or Use (66 FR 28355, May some of the hazard conclusions that 22, 2001), because this action is not were drawn in the assessment. 3M Under Executive Order 12866, expected to affect energy supply, requested that these statements be entitled Regulatory Planning and distribution, or use. rephrased more accurately in any Review (58 FR 51735, October 4, 1993), In issuing this proposed rule, EPA has discussion of hazard in the final rule. the Office of Management and Budget taken the necessary steps to eliminate (OMB) has determined that SNURs are drafting errors and ambiguity, minimize VI. References not a ‘‘significant regulatory action’’ potential litigation, and provide a clear These references have been placed in subject to review by OMB, because legal standard for affected conduct, as the official record that was established SNURs do not meet the criteria in required by section 3 of Executive Order under docket control number OPPTS– section 3(f) of the Executive order. 12988, entitled Civil Justice Reform (61 50639 for this rulemaking as indicated Based on EPA’s experience with past FR 4729, February 7, 1996). in Unit I.B.2. Reference documents SNURs, State, local, and tribal EPA has complied with Executive identified with an Administrative governments have not been impacted by Order 12630, entitled Governmental Record number (AR) are cross-indexed these rules, and EPA does not have any Actions and Interference with to non-regulatory, publicly accessible reasons to believe that any State, local, Constitutionally Protected Property information files maintained in the or tribal government will be impacted Rights (53 FR 8859, March 15, 1988), by TSCA Nonconfidential Information by this proposed rule. As such, EPA has examining the takings implications of Center. Copies of these documents can determined that this regulatory action this proposed rule in accordance with be obtained as described in Unit I.B.2. does not impose any enforceable duty, the ‘‘Attorney General’s Supplemental 1. (AR226–0620) Sulfonated contain any unfunded mandate, or Guidelines for the Evaluation of Risk Perfluorochemicals in the Environment: otherwise have any affect on small and Avoidance of Unanticipated Sources, Dispersion, Fate, and Effects. governments subject to the requirements Takings’’ issued under the Executive 3M. St. Paul, MN. March 1, 2000. of sections 202, 203, 204, or 205 of the order. 2. (AR226–0547) The Science of Unfunded Mandates Reform Act of 1995 This action does not involve special Organic Fluorochemistry. 3M. St. Paul, (UMRA) (Public Law 104–4). considerations of environmental justice MN. February 5, 1999. This proposed rule does not have related issues as required by Executive 3. (AR226–0548) Perfluorooctane tribal implications because it is not Order 12898, entitled Federal Actions to Sulfonate: Current Summary of Human expected to have substantial direct Address Environmental Justice in Sera, Health and Toxicology Data. 3M. effects on Indian Tribes. This does not Minority Populations and Low-Income St. Paul, MN. January 21, 1999. significantly or uniquely affect the Populations (59 FR 7629, February 16, 4. Seed, Jennifer. Hazard Assessment communities of Indian tribal 1994). and Biomonitoring Data on governments, nor does it involve or This action is not subject to Executive Perfluorooctane Sulfonate—PFOS. impose any requirements that affect Order 13045, entitled Protection of
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Children from Environmental Health entities in response to any SNUR. Send any comments about the Risks and Safety Risks (62 FR 19885, Therefore, EPA believes that, the accuracy of the burden estimate, and April 23, 1997), because this is not an economic impact of complying with a any suggested methods for minimizing economically significant regulatory SNUR is not expected to be significant respondent burden, including through action as defined by Executive Order or adversely impact a substantial the use of automated collection 12866, and this action does not address number of small entities. This rationale techniques, as instructed in Unit I.D. or environmental health or safety risks has been provided to the Chief Counsel to the Director, Collection Strategies disproportionately affecting children. for Advocacy of the Small Business Division, Office of Environmental In addition, since this action does not Administration. Information, Environmental Protection involve any technical standards, section According to the Paperwork Agency (2822), 1200 Pennsylvania Ave., 12(d) of the National Technology Reduction Act (PRA), 44 USC 3501 et NW., Washington, DC 20460. Please Transfer and Advancement Act of 1995 seq., an agency may not conduct or remember to include the OMB control (NTTAA), Public Law 104–113, section sponsor, and a person is not required to number in any correspondence, but do 12(d) (15 U.S.C. 272 note), does not respond to a collection of information not submit any completed forms to this apply to this action. that requires OMB approval under the address. Pursuant to section 605(b) of the PRA, unless it has been approved by Regulatory Flexibility Act (RFA) (5 OMB and displays a currently valid List of Subjects in 40 CFR Part 721 U.S.C. 601 et seq.), the Agency hereby OMB control number. The OMB control certifies that promulgation of this SNUR Environmental protection, Chemicals, numbers for EPA’s regulations, after will not have a significant adverse Hazardous materials, Reporting and economic impact on a substantial initial display in the Federal Register recordkeeping requirements, Significant number of small entities. A SNUR and in addition to its display on any new uses. applies to any person (including small related collection instrument, are listed or large entities) who intends to engage in 40 CFR part 9. Dated: March 4, 2002. in any activity described in the rule as The information collection William H. Sanders, III, a ‘‘significant new use.’’ Based on all requirements related to this action have Director, Office of Pollution Prevention and information currently available to EPA, already been approved by OMB Toxics. it appears that no small or large entities pursuant to the PRA under OMB control number 2070–0038 (EPA ICR No. Therefore, it is proposed that 40 CFR currently engage in such activity. Since chapter I be amended as follows: a SNUR requires merely that any person 1188.06). This action does not impose who intends to engage in such activity any burden requiring additional OMB PART 721—[AMENDED] in the future must first notify EPA (by approval. If an entity were to submit a SNUN to the Agency, the annual burden submitting a SNUN), no economic 1. The authority citation for part 721 is estimated to average between 98.96 impact will even occur until someone would continue to read as follows: decides to engage in those activities. As and 118.92 hours per response at an a voluntary action, it is reasonable to estimated reporting cost of between Authority: 15 U.S.C. 2604, 2607, and presume that this decision would be $5,957 and $7,192 per SNUN. This 2625(c). based on a determination by the person burden estimate includes the time submitting the SNUN that the potential needed to review instructions, search 2. By revising § 721.9582 in subpart E benefits would outweigh the costs. existing data sources, gather and to read as follows: Although some small entities may maintain the data needed, and decide to conduct such activities in the complete, review and submit the § 721.9582 Certain perfluoralkyl sulfonates. future, EPA cannot presently determine required SNUN, and maintain the how many, if any, there may be. EPA’s required records. This burden estimate (a) Chemical substances and experience to date is that, in response to does not include 1 hour of technical significant new uses subject to reporting. the promulgation of over 530 SNURs, time at $64.30 per hour estimated to be (1) The chemical substances listed in the Agency has received fewer than 15 required for customer notification of Table 1 and Table 2 of this paragraph SNUNs. Of those SNUNs submitted, SNUR requirements, or the $2,500 user are subject to reporting under this none appear to be from small entities. In fee for submission of a SNUN ($100 for section for the significant new uses fact, EPA expects to receive few, if any, businesses with less than $40 million in described in paragraph (a)(2) of this SNUNs from either large or small annual sales). section.
TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001
CAS No./PMN CAS Ninth Collective Index Name
2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
30381–98–7 1-Octanesulfonamide, N,N’-[phosphinicobis(oxy-2,1-ethanediyl)]bis[N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8- heptadecafluoro-, ammonium salt
57589–85–2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]phenyl]amino]carbonyl]-, monopotassium salt
61660–12–6 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[3-(trimethoxysilyl)propyl]-
67969–69–1 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-[2-(phosphonooxy)ethyl]-, diammonium salt
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TABLE 1.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2001—Continued
CAS No./PMN CAS Ninth Collective Index Name
68608–14–0 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 1,1’-methylenebis[4- isocyanatobenzene]
70776–36–2 2-Propenoic acid, 2-methyl-, octadecyl ester, polymer with 1,1-dichloroethene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
127133–66–8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoro- C4-8-alkyl)sulfonyl]amino]ethyl methacrylate
148240–78–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters
148684–79–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol
178535–22–3 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl)-, polymers with 1,1’-methylenebis[4- isocyanatobenzene] and polymethylenepolyphenylene isocyanate, 2-ethylhexyl esters, Me Et ketone oxime-blocked
P–94–2205 Polymethylenepolyphenylene isocyanate and bis(4-NCO-phenyl)methane reaction products with 2-ethyl-1- hexanol, 2-butanone, oxime, N-ethyl-N-(2- hydroxyethyl)-1-C4-C8 perfluoroalkanesulfonamide
P–96–1645 Fatty acids, C18-unsatd., dimers, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl esters 306974–63–0
TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003
CAS No./PMN CAS Ninth Collective Index Name
307–35–7 1-Octanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
307–51–7 1-Decanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-
376–14–7 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
383–07–3 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
423–50–7 1-Hexanesulfonyl fluoride, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-
423–82–5 2-Propenoic acid, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester
754–91–6 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
1652–63–7 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, iodide
1691–99–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-
1763–23–1 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
2795–39–3 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, potassium salt
2991–51–7 Glycine, N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]-, potassium salt
4151–50–2 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-
14650–24–9 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
17202–41–4 1-Nonanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-nonadecafluoro-, ammonium salt
24448–09–7 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-N-methyl-
25268–77–3 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester
29081–56–9 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, ammonium salt
29117–08–6 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-hydroxy-
29457–72–5 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, lithium salt
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TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued
CAS No./PMN CAS Ninth Collective Index Name
31506–32–8 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-
38006–74–5 1-Propanaminium, 3-[[(heptadecafluorooctyl)sulfonyl]amino]-N,N,N-trimethyl-, chloride
38850–58–7 1-Propanaminium, N-(2-hydroxyethyl)-N,N-dimethyl-3-[(3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-, inner salt
55120–77–9 1-Hexanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-, lithium salt
67584–42–3 Cyclohexanesulfonic acid, decafluoro(pentafluoroethyl)-, potassium salt
67906–42–7 1-Decanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10-heneicosafluoro-, ammonium salt
68156–01–4 Cyclohexanesulfonic acid, nonafluorobis(trifluoromethyl)-, potassium salt
68298–62–4 2-Propenoic acid, 2-[butyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [butyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, methyloxirane polymer with oxirane di-2- propenoate, methyloxirane polymer with oxirane mono-2-propenoate and 1-octanethiol
68329–56–6 2-Propenoic acid, eicosyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, hexadecyl 2-propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and octadecyl 2-propenoate
68541–80–0 2-Propenoic acid, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-propenoate
68555–90–8 2-Propenoic acid, butyl ester, polymer with 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2- propenoate, 2-[methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate
68555–91–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, polymer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino] ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68555–92–0 2-Propenoic acid, 2-methyl-, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and octadecyl 2-methyl-2- propenoate
68586–14–1 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, telomer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.- hydroxypoly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1-oxo-2-pro- penyl)oxy]poly(oxy-1,2-ethanediyl), 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2-[methyl[ (tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 1-octanethiol
68649–26–3 1-Octanesulfonamide, N-ethyl-1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-, reac- tion products with N-ethyl-1,1,2,2,3,3,4,4,4-nonafluoro-N-(2-hydroxyethyl)-1-butanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,6-tridecafluoro-N-(2-hydroxyethyl)-1-hexanesulfonamide, N-ethyl- 1,1,2,2,3,3,4,4,5,5,5-undecafluoro-N-(2-hydroxyethyl)-1-pentanesulfonamide, polymethylenepolyphenylene isocyanate and stearyl alc.
68891–96–3 Chromium, diaquatetrachloro[.mu.-[N-ethyl-N-[(heptadecafluorooctyl)sulfonyl]glycinato-.kappa.O:.kappa.O’]]- .mu.-hydroxybis(2-methyl-1-propanol)di-
68867–60–7 2-Propenoic acid, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl ester, polymer with 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and .alpha.-(1-oxo-2-propenyl)-.omega.- methoxypoly (oxy-1,2-ethanediyl)
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TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued
CAS No./PMN CAS Ninth Collective Index Name
68867–62–9 2-Propenoic acid, 2-methyl-, 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl ester, telomer with 2- [ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 1-octanethiol and .alpha.-(1-oxo-2- propenyl)-.omega.-methoxypoly(oxy-1,2-ethanediyl)
68909–15–9 2-Propenoic acid, eicosyl ester, polymers with branched octyl acrylate, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl acrylate, 2-[methyl [(nonafluorobutyl)sulfonyl]amino]ethyl acrylate, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl ac- rylate, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl acrylate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl acrylate, polyethylene glycol acrylate Me ether and ste- aryl acrylate
68958–61–2 Poly(oxy-1,2-ethanediyl), .alpha.-[2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl]-.omega.-methoxy-
70225–14–8 1-Octanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-, compd. with 2,2’-iminobis[ethanol] (1:1)
71487–20–2 2-Propenoic acid, 2-methyl-, methyl ester, polymer with ethenylbenzene, 2- [[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl 2-propenoate, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate and 2-propenoic acid
73772–32–4 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(tridecafluorohexyl)sulfonyl]amino]-2-hydroxy-, mono- sodium salt
81190–38–7 1-Propanaminium, N-(2-hydroxyethyl)-3-[(2-hydroxy-3-sulfopropyl)[(tridecafluorohexyl)sulfonyl]amino]-N,N- dimethyl-, hydroxide, monosodium salt
91081–99–1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with epichlorohydrin, adipates (esters)
94133–90–1 1-Propanesulfonic acid, 3-[[3-(dimethylamino)propyl][(heptadecafluorooctyl)sulfonyl]amino]-2-hydroxy-, monosodium salt
98999–57–6 Sulfonamides, C7-8-alkane, perfluoro, N-methyl-N-[2-[(1-oxo-2-propenyl)oxy]ethyl], polymers with 2- ethoxyethyl acrylate, glycidyl methacrylate and N,N,N-trimethyl-2-[(2-methyl-1-oxo-2-pro- penyl)oxy]ethanaminium chloride
117806–54–9 1-Heptanesulfonic acid, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-, lithium salt
129813–71–4 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-(oxiranylmethyl)
148240–80–6 Fatty acids, C18-unsatd., trimers, 2-[methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl esters
148240–82–8 Fatty acids, C18-unsatd., trimers, 2-[methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl esters
182700–90–9 1-Octanesulfonamide, 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-methyl-, reaction products with benzene-chlorine-sulfur chloride (S2Cl2) reaction products chlorides
L–92–0151 2-Propenoic acid, 2-methyl-, butyl ester, polymer with 2-[ethyl[(heptadecafluorooctyl)sulfonyl]amino]ethyl 2- methyl-2-propenoate, 2-[ethyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate, 2- [ethyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-methyl-2-propenoate and 2-propenoic acid
P–80–0183 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethylamino)propyl], reaction products with acrylic acid 192662–29–6
P–83–1102 Fatty acids, linseed-oil, dimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters 306973–46–6
P–84–1163 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 2-ethyl-2-(hydroxymethyl)-1,3- 306975–56–4 propanediol and N,N’,2-tris(6-isocyanatohexyl)imidodicarbonic diamide, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with triethylamine
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TABLE 2.—PFAS CHEMICALS SUBJECT TO REPORTING ON OR AFTER JANUARY 1, 2003—Continued
CAS No./PMN CAS Ninth Collective Index Name
P–84–1171 Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 1,1’-methylenebis[4- 306975–57–5 isocyanatobenzene] and 1,2,3-propanetriol, reaction products with N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-N-(2-hydroxyethyl)-1-octanesulfonamide and N-ethyl- 1,1,2,2,3,3,4,4,5,5,6,6,7,7,7-pentadecafluoro-N-(2-hydroxyethyl)-1-heptanesulfonamide, compds. with morpholine
P–86–0301 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 12-hydroxystearic 306973–47–7 acid and 2,4-TDI, ammonium salts
P–86–0958 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with 2-[methyl[(perfluoro-C4-8- 306975–62–2 alkyl)sulfonyl]amino]ethyl acrylate and vinylidene chloride
P–89–0799 Sulfonamides, C4-8-alkane, perfluoro, N-ethyl-N-(hydroxyethyl), reaction products with 2-ethyl-1-hexanol 160901–25–7 and polymethylenepolyphenylene isocyanate
P–90–0111 Sulfonamides, C4-8-alkane, perfluoro, N-methyl-N-[(3-octadecyl-2-oxo-5-oxazolidinyl)methyl] 306974–19–6
P–91–1419 Poly(oxy-1,2-ethanediyl), .alpha.-hydro-.omega.-hydroxy-, polymer with 1,6-diisocyanatohexane, N-(2-hy- 306975–84–8 droxyethyl)-N-methyl perfluoro C4-8-alkane sulfonamides-blocked
P–93–1444 2-Propenoic acid, 2-methyl-, dodecyl ester, polymers with N-(hydroxymethyl)-2-propenamide, 2- 306975–85–9 [methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl methacrylate, stearyl methacrylate and vinylidene chlo- ride
P–94–0545 1-Hexadecanaminium, N,N-dimethyl-N-[2-[(2-methyl-1-oxo-2-propenyl)oxy]ethyl]-, bromide, polymers with 306976–25–0 Bu acrylate, Bu methacrylate and 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate
P–94–0927 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl- 306976–55–6 2-(hydroxymethyl)-1,3-propanediol and 2-propenoic acid, N-ethyl-N-(hydroxyethyl)perfluoro-C4-8- alkanesulfonamides-blocked
P–94–2206 Siloxanes and Silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propylgroup]-terminated, polymers 306974–28–7 with 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl acrylate and stearyl methacrylate
P–95–0120 Sulfonamides, C4-8-alkane, perfluoro, N,N’-[1,6-hexanediylbis[(2-oxo-3,5-oxazolidinediyl)methylene]]bis[N- 306980–27–8 methyl-
P–96–1262 Sulfonic acids, C6-8-alkane, perfluoro, compds. with polyethylene-polypropylene glycol bis(2-aminopropyl) 306974–45–8 ether
P–96–1424 2-Propenoic acid, 2-methyl-, 2-(dimethylamino)ethyl ester, telomer with 2-[ethyl[(perfluoro-C4-8- 306977–10–6 alkyl)sulfonyl]amino]ethyl methacrylate and 1-octanethiol, N-oxides
P–96–1433 Sulfonamides, C4-8-alkane, perfluoro, N-[3-(dimethyloxidoamino)propyl], potassium salts 179005–06–2
P–97–0790 1-Decanaminium, N-decyl-N,N-dimethyl-, salt with 1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro-1- 251099–16–8 octanesulfonic acid (1:1)
P–98–0251 2-Propenoic acid, butyl ester, polymers with acrylamide, 2-[methyl[(perfluoro-C4-8-alkyl)sulfonyl]amino]ethyl 306978–04–1 acrylate and vinylidene chloride
P–98–1272 2-Propenoic acid, 2-methyl-, 3-(trimethoxysilyl)propyl ester, polymers with acrylic acid, 2-[methyl[(perfluoro- 306977–58–2 C4-8-alkyl)sulfonyl]amino]ethyl acrylate and propylene glycol monoacrylate, hydrolyzed, compds. with 2,2’-(methylimino)bis[ethanol]
P–99–0188 Hexane, 1,6-diisocyanato-, homopolymer, N-(hydroxyethyl)-N-methyl perfluoro-C4-8-alkane sulfonamides- 306978–65–4 and stearyl alc.-blocked
P–99–0319 Poly(oxy-1,2-ethanediyl), .alpha.-[2-(methylamino)ethyl]-.omega.-[(1,1,3,3-tetramethylbutyl)phenoxy]-, N- 306979–40–8 [(perfluoro-C4-8-alkyl)sulfonyl] derivs.
(2) The significant new uses are: (i) 2 of paragraph (a)(1) of this section on a significant new use subject to Any manufacture or import for any use or after January 1, 2003, except as noted reporting under this section: of any chemical listed in Table 1 of in paragraph (a)(3) of this section. (i) Use as an anti-erosion additive in paragraph (a)(1) of this section on or (3) Manufacture or import of any fire-resistant phosphate ester aviation after January 1, 2001. chemical listed in Table 2 of paragraph hydraulic fluids. (ii) Any manufacture or import for (a)(1) of this section for the following (ii) Use as a component of a any use of any chemical listed in Table specific uses shall not be considered as photoresist substance, including a photo
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acid generator or surfactant, or as a used solely for the uses listed in and in industrial and consumer film component of an anti-reflective coating, paragraph (a)(3)(i) or (ii) of this section. products. used in a photomicrolithography (iv) Use in a surface tension and static (b) [Reserved] process to produce semiconductors or discharge control coating on films, similar components of electronic or papers, and printing plates, or as a [FR Doc. 02–5747 Filed 3–8–02; 8:45 am] other miniaturized devices. surfactant or defoamer in solutions used BILLING CODE 6560–50–S (iii) Use as an intermediate only to to process films and papers, in produce other chemical substances to be traditional and laser medical imaging
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Reader Aids Federal Register Vol. 67, No. 47 Monday, March 11, 2002
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 9396, 9582, 10099, 10603, 3 CFR 10606, 10831, 10969 Presidential Documents Proclamations: 63...... 9552 Executive orders and proclamations 523–5227 7525...... 10311 65...... 9552 The United States Government Manual 523–5227 7526...... 10313 71 ...... 9399, 10833, 10834, 7527...... 10315 10835, 10836, 10838, 10839, Other Services 7528...... 10317 10840, 10841, 10843 7529...... 10553 73...... 9552 Electronic and on-line services (voice) 523–3447 7530...... 10825 91...... 9552 Privacy Act Compilation 523–3187 Administrative Orders: 97...... 10319, 10320 523–6641 Public Laws Update Service (numbers, dates, etc.) Presidential 119...... 9552 TTY for the deaf-and-hard-of-hearing 523–5229 Determinations: 121...... 9552 No. 2002-07 of 125...... 9552 ELECTRONIC RESEARCH February 23, 2002 ...... 9889 129...... 9552 No. 2002-08 of March 135...... 9552 World Wide Web 4, 2002 ...... 10599 Proposed Rules: Full text of the daily Federal Register, CFR and other publications Memorandums: 23...... 10857, 10858 is located at: http://www.access.gpo.gov/nara Memorandum of March 39 ....9420, 9627, 10859, 10862 5, 2002 ...... 10593 71...... 10864 Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access are located at: 4 CFR 15 CFR http://www.nara.gov/fedreg Proposed Rules: 734...... 10608, 10611 E-mail 21...... 9418 738...... 10611 740...... 10608, 10611 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 5 CFR 742...... 10608, 10611 an open e-mail service that provides subscribers with a digital 630...... 9581 743...... 10611 form of the Federal Register Table of Contents. The digital form 748...... 10611 of the Federal Register Table of Contents includes HTML and 7 CFR 774...... 10608, 10611 PDF links to the full text of each document. 29...... 9895 16 CFR To join or leave, go to http://listserv.access.gpo.gov and select 301...... 9389 Online mailing list archives, FEDREGTOC-L, Join or leave the list 900...... 10827 20...... 9919 (or change settings); then follow the instructions. 1200...... 10827 250...... 9923 1703...... 10830 259...... 9924 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: Proposed Rules: service that notifies subscribers of recently enacted laws. 948...... 9418 Ch. 1 ...... 9630 To subscribe, go to http://hydra.gsa.gov/archives/publaws-l.html 985...... 10848 18 CFR 1124...... 9622 and select Join or leave the list (or change settings); then follow 1315...... 9924 the instructions. 1135...... 9622 19 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 8 CFR Proposed Rules: 217...... 10260 respond to specific inquiries. 10...... 10636 Reference questions. Send questions and comments about the 10 CFR 122...... 9423 Federal Register system to: [email protected] Proposed Rules: 21 CFR The Federal Register staff cannot interpret specific documents or 60...... 10853 regulations. 56...... 9584 12 CFR 58...... 9584 60...... 9584 FEDERAL REGISTER PAGES AND DATE, MARCH 614...... 9581 101...... 9584 619...... 9581 522...... 9400 9389–9580...... 1 907...... 9897 Proposed Rules: 9581–9888...... 4 908...... 9897 56...... 10115 9889–10098...... 5 Proposed Rules: 10099–10318...... 6 966...... 10337 22 CFR 10319–10598...... 7 985...... 10339 41...... 10322 10599–10826...... 8 14 CFR 24 CFR 10826–11030...... 8 11...... 9552 Proposed Rules: 21...... 9552 17...... 10818 23...... 9552 25...... 10601 26 CFR 36...... 9552 Proposed Rules: 39 ...... 9390, 9392, 9394, 9395, 1 ...... 9631, 9929, 10640
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PROTECTION AGENCY Fairchild; published 1-30-02 National priorities list Air quality implementation update; comments due plans; √A√approval and by 3-21-02; published RULES GOING INTO COMMENTS DUE NEXT promulgation; various 2-19-02 [FR 02-03764] EFFECT MARCH 11, 2002 WEEK States; air quality planning ENVIRONMENTAL purposes; designation of PROTECTION AGENCY AGRICULTURE AGRICULTURE areas: Superfund program: DEPARTMENT DEPARTMENT Massachusetts; comments National oil and hazardous Agricultural Marketing Animal and Plant Health due by 3-21-02; published substances contingency Service Inspection Service 2-19-02 [FR 02-03758] plan— Practice and procedure: Viruses, serums, toxins, etc.: ENVIRONMENTAL National priorities list PROTECTION AGENCY Marketing agreements and Virus-Serum-Toxin Act; update; comments due orders, petitions, etc.; records and reports Air quality implementation by 3-21-02; published √ √ proceedings; published 3- amendment; comment plans; A approval and 2-19-02 [FR 02-03765] 11-02 request; comments due promulgation; various ENVIRONMENTAL AGRICULTURE by 3-18-02; published 1- States; air quality planning PROTECTION AGENCY DEPARTMENT 15-02 [FR 02-00938] purposes; designation of Superfund program: areas: Rural Utilities Service COMMERCE DEPARTMENT National oil and hazardous Rural development: Massachusetts; comments substances contingency National Oceanic and due by 3-21-02; published Distance Learning and plan— Atmospheric Administration 2-19-02 [FR 02-03759] Telemedicine Loan and National priorities list Fishery conservation and Pesticides; tolerances in food, Grant Program; published management: update; comments due 1-23-02 animal feeds, and raw by 3-22-02; published Caribbean, Gulf of Mexico, agricultural commodities: COMMERCE DEPARTMENT 2-20-02 [FR 02-03919] and South Atlantic Benomyl; comments due by National Oceanic and ENVIRONMENTAL fisheries— 3-18-02; published 1-15- Atmospheric Administration PROTECTION AGENCY South Atlantic shrimp; 02 [FR 02-00964] Endangered and threatened Superfund program: comments due by 3-21- Casein, etc.; comments due species: 02; published 2-19-02 National oil and hazardous by 3-18-02; published 1- substances contingency West Coast salmonids; four [FR 02-03979] 15-02 [FR 02-00699] evolutionarily significant plan— Importation, exportation, and Nicotine; comments due by units; take; published 1-9- National priorities list transportation of wildlife: 3-18-02; published 1-16- 02 update; comments due Incidental take permits— 02 [FR 02-00628] ENVIRONMENTAL by 3-22-02; published Chewuch River, WA; Sodium starch glycolate; 2-20-02 [FR 02-03920] PROTECTION AGENCY habitat conservation comments due by 3-18- Toxic substances: Air programs; State authority plan; comments due by 02; published 1-17-02 [FR Significant new uses— delegations: 3-18-02; published 2-15- 02-01247] C.I. Pigment orange 20, Virginia; published 1-8-02 02 [FR 02-03815] Superfund program: etc.; comments due by Air quality implementation DEFENSE DEPARTMENT National oil and hazardous plans; approval and 3-18-02; published 1-15- Engineers Corps substances contingency 02 [FR 02-00963] promulgation; various plan— States: Danger zones and restricted FEDERAL areas: National priorities list Alaska; published 1-8-02 COMMUNICATIONS Kennebec River, ME; Bath update; comments due COMMISSION California; published 2-7-02 by 3-21-02; published Ironworks Shipyard; Common carrier services: Nevada; published 2-8-02 2-19-02 [FR 02-03655] comments due by 3-18- Telecommunications Act of West Virginia; published 2- 02; published 2-14-02 [FR ENVIRONMENTAL 1996; implementation— 8-02 02-03557] PROTECTION AGENCY Wireline services offering FEDERAL ENVIRONMENTAL Superfund program: advanced COMMUNICATIONS PROTECTION AGENCY National oil and hazardous telecommunications COMMISSION Acquisition regulations: substances contingency capability; deployment; Digital television stations; table Contractor performance plan— comments due by 3-18- of assignments: evaluations; comments National priorities list 02; published 1-15-02 New York; published 2-4-02 due by 3-22-02; published update; comments due [FR 02-00902] Radio stations; table of 2-20-02 [FR 02-04068] by 3-21-02; published Radio stations; table of assignments: Air pollutants, hazardous; 2-19-02 [FR 02-03653] assignments: Georgia; published 2-8-02 national emission standards: ENVIRONMENTAL Oklahoma; comments due HEALTH AND HUMAN Delegations’ provisions; PROTECTION AGENCY by 3-18-02; published 2-8- SERVICES DEPARTMENT clarifications; comments Superfund program: 02 [FR 02-03030] Food and Drug due by 3-18-02; published National oil and hazardous Various States; comments Administration 1-16-02 [FR 02-00188] substances contingency due by 3-18-02; published Human drugs: Air pollution control; new plan— 2-8-02 [FR 02-03031] Topical antifungal products motor vehicles and engines: National priorities list INTERIOR DEPARTMENT (OTC); final monograph Heavy-duty diesel engines update; comments due Fish and Wildlife Service amendment; published 2- and vehicles; 2004 and by 3-21-02; published Importation, exportation, and 8-02 later model year emission 2-19-02 [FR 02-03654] transportation of wildlife:
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Incidental take permits— date extension; comments comments due by 3-18- located at 811 South Main Chewuch River, WA; due by 3-18-02; published 02; published 1-15-02 Street in Yerington, Nevada, habitat conservation 2-15-02 [FR 02-03924] [FR 02-00965] as the ‘‘Joseph E. Dini, Jr. plan; comments due by TRANSPORTATION TRANSPORTATION Post Office’’. (Feb. 14, 2002; 3-18-02; published 2-15- DEPARTMENT DEPARTMENT 116 Stat. 18) 02 [FR 02-03815] Transportation Security Federal Aviation S. 970/P.L. 107–145 JUSTICE DEPARTMENT Administration Administration Executive Office for Airworthiness directives: Aviation security infrastructure To designate the facility of the Immigration Review: fees Bell; comments due by 3- United States Postal Service Immigration Appeals Board; 18-02; published 1-16-02 Correction; comments due located at 39 Tremont Street, case management; [FR 02-01057] by 3-18-02; published 2- Paris Hill, Maine, as the procedural reforms; 25-02 [FR C2-04148] ‘‘Horatio King Post Office Dassault; comments due by comments due by 3-21- Aviation security infrastructure Building’’. (Feb. 14, 2002; 116 3-18-02; published 2-15- 02; published 2-19-02 [FR fees; imposition; comments Stat. 19) 02 [FR 02-03584] 02-03801] due by 3-18-02; published JUSTICE DEPARTMENT TRANSPORTATION 2-20-02 [FR 02-04148] S. 1026/P.L. 107–146 DEPARTMENT Parole Commission To designate the United Federal prisoners; paroling Federal Aviation LIST OF PUBLIC LAWS States Post Office located at and releasing, etc.: Administration 60 Third Avenue in Long District of Columbia Code— Airworthiness directives: This is a continuing list of Branch, New Jersey, as the Parolees arrested and Eurocopter France; public bills from the current ‘‘Pat King Post Office held in District of comments due by 3-18- session of Congress which Building’’. (Feb. 14, 2002; 116 Columbia on warrants 02; published 1-16-02 [FR have become Federal laws. It Stat. 20) charging them with 02-01056] may be used in conjunction Last List Feburary 14, 2002 parole violations; TRANSPORTATION with ‘‘PLUS’’ (Public Laws revocation process; DEPARTMENT Update Service) on 202–523– comments due by 3-19- 6641. This list is also 02; published 1-18-02 Federal Aviation Administration available online at http:// [FR 02-01308] www.nara.gov/fedreg/ Public Laws Electronic Airworthiness directives: RAILROAD RETIREMENT plawcurr.html. Notification Service BOARD MD Helicopters, Inc.; (PENS) Railroad Unemployment comments due by 3-18- The text of laws is not Insurance Act: 02; published 1-16-02 [FR published in the Federal Register but may be ordered Employers’ contributions and 02-01058] in ‘‘slip law’’ (individual contribution reports; filing TRANSPORTATION PENS is a free electronic mail pamphlet) form from the via Internet; comments DEPARTMENT notification service of newly Superintendent of Documents, enacted public laws. To due by 3-18-02; published Federal Aviation U.S. Government Printing subscribe, go to http:// 1-16-02 [FR 02-01095] Administration Office, Washington, DC 20402 hydra.gsa.gov/archives/ TRANSPORTATION Airworthiness directives: (phone, 202–512–1808). The publaws-l.html or send E-mail DEPARTMENT MD Helicopters, Inc.; text will also be made to [email protected] Coast Guard comments due by 3-18- available on the Internet from with the following text Ports and waterways safety: 02; published 1-17-02 [FR GPO Access at http:// message: North Carolina sea coast 02-01054] www.access.gpo.gov/nara/ and Cape Fear River and TRANSPORTATION nara005.html. Some laws may SUBSCRIBE PUBLAWS-L Beaufort Inlet approaches; DEPARTMENT not yet be available. Your Name. port access routes study; comments due by 3-19- Federal Aviation H.J. Res. 82/P.L. 107–143 Administration Note: This service is strictly 02; published 1-18-02 [FR Recognizing the 91st birthday for E-mail notification of new 02-01371] Airworthiness standards: of Ronald Reagan. (Feb. 14, laws. The text of laws is not TRANSPORTATION Transport category 2002; 116 Stat. 17) available through this service. DEPARTMENT airplanes— S. 737/P.L. 107–144 PENS cannot respond to Computer reservation systems, Flightdeck design; security To designate the facility of the specific inquiries sent to this carrier-owned; expiration considerations; United States Postal Service address.
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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–044–00037–7) ...... 57.00 Jan. 1, 2001 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–044–00038–5) ...... 55.00 Jan. 1, 2001 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–044–00039–3) ...... 26.00 Jan. 1, 2001 numbers, prices, and revision dates. 200–1199 ...... (869–044–00040–7) ...... 44.00 Jan. 1, 2001 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–044–00041–5) ...... 37.00 Jan. 1, 2001 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–044–00042–3) ...... 36.00 Jan. 1, 2001 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–044–00043–1) ...... 54.00 Jan. 1, 2001 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–044–00044–0) ...... 40.00 Jan. 1, 2001 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–044–00045–8) ...... 45.00 Jan. 1, 2001 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–044–00046–6) ...... 53.00 Jan. 1, 2001 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 ...... (869–044–00048–2) ...... 45.00 Apr. 1, 2001 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–044–00049–1) ...... 51.00 Apr. 1, 2001 $1195.00 domestic, $298.75 additional for foreign mailing. 240–End ...... (869–044–00050–4) ...... 55.00 Apr. 1, 2001 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 ...... (869–044–00051–2) ...... 56.00 Apr. 1, 2001 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–044–00052–1) ...... 23.00 Apr. 1, 2001 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 ...... (869–044–00053–9) ...... 54.00 Apr. 1, 2001 charge orders to (202) 512-2250. 141–199 ...... (869–044–00054–7) ...... 53.00 Apr. 1, 2001 200–End ...... (869–044–00055–5) ...... 20.00 5Apr. 1, 2001 Title Stock Number Price Revision Date 20 Parts: *1, 2 (2 Reserved) ...... (869–048–00001–1) ...... 9.00 Jan. 1, 2002 1–399 ...... (869–044–00056–3) ...... 45.00 Apr. 1, 2001 3 (1997 Compilation 400–499 ...... (869–044–00057–1) ...... 57.00 Apr. 1, 2001 and Parts 100 and 500–End ...... (869–044–00058–0) ...... 57.00 Apr. 1, 2001 1 101) ...... (869–044–00002–4) ...... 36.00 Jan. 1, 2001 21 Parts: *4 ...... (869–048–00003–8) ...... 9.00 7 Jan. 1, 2002 1–99 ...... (869–044–00059–8) ...... 37.00 Apr. 1, 2001 100–169 ...... (869–044–00060–1) ...... 44.00 Apr. 1, 2001 5 Parts: 170–199 ...... (869–044–00061–0) ...... 45.00 Apr. 1, 2001 1–699 ...... (869–044–00004–1) ...... 53.00 Jan. 1, 2001 200–299 ...... (869–044–00062–8) ...... 16.00 Apr. 1, 2001 700–1199 ...... (869–044–00005–9) ...... 44.00 Jan. 1, 2001 300–499 ...... (869–044–00063–6) ...... 27.00 Apr. 1, 2001 1200–End, 6 (6 500–599 ...... (869–044–00064–4) ...... 44.00 Apr. 1, 2001 Reserved) ...... (869–044–00006–7) ...... 55.00 Jan. 1, 2001 600–799 ...... (869–044–00065–2) ...... 15.00 Apr. 1, 2001 7 Parts: 800–1299 ...... (869–044–00066–1) ...... 52.00 Apr. 1, 2001 1–26 ...... (869–048–00001–1) ...... 41.00 Jan. 1, 2002 1300–End ...... (869–044–00067–9) ...... 20.00 Apr. 1, 2001 27–52 ...... (869–044–00008–3) ...... 45.00 Jan. 1, 2001 22 Parts: 53–209 ...... (869–048–00009–7) ...... 36.00 Jan. 1, 2002 1–299 ...... (869–044–00068–7) ...... 56.00 Apr. 1, 2001 210–299 ...... (869–044–00010–5) ...... 56.00 Jan. 1, 2001 300–End ...... (869–044–00069–5) ...... 42.00 Apr. 1, 2001 300–399 ...... (869–048–00011–9) ...... 42.00 Jan. 1, 2002 *400–699 ...... (869–048–00012–7) ...... 57.00 Jan. 1, 2002 23 ...... (869–044–00070–9) ...... 40.00 Apr. 1, 2001 700–899 ...... (869–044–00013–0) ...... 50.00 Jan. 1, 2001 24 Parts: 900–999 ...... (869–044–00014–8) ...... 54.00 Jan. 1, 2001 0–199 ...... (869–044–00071–7) ...... 53.00 Apr. 1, 2001 1000–1199 ...... (869–044–00015–6) ...... 24.00 Jan. 1, 2001 200–499 ...... (869–044–00072–5) ...... 45.00 Apr. 1, 2001 1200–1599 ...... (869–044–00016–4) ...... 55.00 Jan. 1, 2001 500–699 ...... (869–044–00073–3) ...... 27.00 Apr. 1, 2001 1600–1899 ...... (869–044–00017–2) ...... 57.00 Jan. 1, 2001 700–1699 ...... (869–044–00074–1) ...... 55.00 Apr. 1, 2001 1900–1939 ...... (869–044–00018–1) ...... 21.00 4Jan. 1, 2001 1700–End ...... (869–044–00075–0) ...... 28.00 Apr. 1, 2001 4 1940–1949 ...... (869–044–00019–9) ...... 37.00 Jan. 1, 2001 25 ...... (869–044–00076–8) ...... 57.00 Apr. 1, 2001 1950–1999 ...... (869–044–00020–2) ...... 45.00 Jan. 1, 2001 2000–End ...... (869–044–00021–1) ...... 43.00 Jan. 1, 2001 26 Parts: §§ 1.0-1–1.60 ...... (869–044–00077–6) ...... 43.00 Apr. 1, 2001 8 ...... (869–044–00022–9) ...... 54.00 Jan. 1, 2001 §§ 1.61–1.169 ...... (869–044–00078–4) ...... 57.00 Apr. 1, 2001 9 Parts: §§ 1.170–1.300 ...... (869–044–00079–2) ...... 52.00 Apr. 1, 2001 1–199 ...... (869–044–00023–7) ...... 55.00 Jan. 1, 2001 §§ 1.301–1.400 ...... (869–044–00080–6) ...... 41.00 Apr. 1, 2001 200–End ...... (869–044–00024–5) ...... 53.00 Jan. 1, 2001 §§ 1.401–1.440 ...... (869–044–00081–4) ...... 58.00 Apr. 1, 2001 §§ 1.441-1.500 ...... (869-044-00082-2) ...... 45.00 Apr. 1, 2001 10 Parts: §§ 1.501–1.640 ...... (869–044–00083–1) ...... 44.00 Apr. 1, 2001 *1–50 ...... (869–048–00025–4) ...... 58.00 Jan. 1, 2002 §§ 1.641–1.850 ...... (869–044–00084–9) ...... 53.00 Apr. 1, 2001 51–199 ...... (869–044–00026–1) ...... 52.00 Jan. 1, 2001 §§ 1.851–1.907 ...... (869–044–00085–7) ...... 54.00 Apr. 1, 2001 200–499 ...... (869–044–00027–0) ...... 53.00 Jan. 1, 2001 §§ 1.908–1.1000 ...... (869–044–00086–5) ...... 53.00 Apr. 1, 2001 *500–End ...... (869–048–00028–3) ...... 58.00 Jan. 1, 2002 §§ 1.1001–1.1400 ...... (869–044–00087–3) ...... 55.00 Apr. 1, 2001 11 ...... (869–048–00029–1) ...... 34.00 Jan. 1, 2002 §§ 1.1401–End ...... (869–044–00088–1) ...... 58.00 Apr. 1, 2001 2–29 ...... (869–044–00089–0) ...... 54.00 Apr. 1, 2001 12 Parts: 30–39 ...... (869–044–00090–3) ...... 37.00 Apr. 1, 2001 1–199 ...... (869–048–00030–5) ...... 30.00 Jan. 1, 2002 40–49 ...... (869–044–00091–1) ...... 25.00 Apr. 1, 2001 *200–219 ...... (869–048–00031–3) ...... 36.00 Jan. 1, 2002 50–299 ...... (869–044–00092–0) ...... 23.00 Apr. 1, 2001 *220–299 ...... (869–048–00032–1) ...... 58.00 Jan. 1, 2002 300–499 ...... (869–044–00093–8) ...... 54.00 Apr. 1, 2001 300–499 ...... (869–048–00033–0) ...... 45.00 Jan. 1, 2002 500–599 ...... (869–044–00094–6) ...... 12.00 5Apr. 1, 2001 500–599 ...... (869–044–00034–2) ...... 38.00 Jan. 1, 2001 600–End ...... (869–044–00095–4) ...... 15.00 Apr. 1, 2001 600–End ...... (869–044–00035–1) ...... 57.00 Jan. 1, 2001 27 Parts: *13 ...... (869–048–00036–4) ...... 47.00 Jan. 1, 2002 1–199 ...... (869–044–00096–2) ...... 57.00 Apr. 1, 2001
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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–044–00097–1) ...... 26.00 Apr. 1, 2001 100–135 ...... (869–044–00151–9) ...... 38.00 July 1, 2001 ...... 28 Parts: ...... 136–149 (869–044–00152–7) 55.00 July 1, 2001 150–189 ...... 0-42 ...... (869–044–00098–9) ...... 55.00 July 1, 2001 (869–044–00153–5) 52.00 July 1, 2001 190–259 ...... (869–044–00154–3) ...... 34.00 July 1, 2001 43-end ...... (869-044-00099-7) ...... 50.00 July 1, 2001 260–265 ...... (869–044–00155–1) ...... 45.00 July 1, 2001 29 Parts: 266–299 ...... (869–044–00156–0) ...... 45.00 July 1, 2001 0–99 ...... (869–044–00100–4) ...... 45.00 July 1, 2001 300–399 ...... (869–044–00157–8) ...... 41.00 July 1, 2001 100–499 ...... (869–044–00101–2) ...... 14.00 6July 1, 2001 400–424 ...... (869–044–00158–6) ...... 51.00 July 1, 2001 500–899 ...... (869–044–00102–1) ...... 47.00 6July 1, 2001 425–699 ...... (869–044–00159–4) ...... 55.00 July 1, 2001 900–1899 ...... (869–044–00103–9) ...... 33.00 July 1, 2001 700–789 ...... (869–044–00160–8) ...... 55.00 July 1, 2001 1900–1910 (§§ 1900 to 790–End ...... (869–044–00161–6) ...... 44.00 July 1, 2001 1910.999) ...... (869–044–00104–7) ...... 55.00 July 1, 2001 41 Chapters: 1910 (§§ 1910.1000 to 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 end) ...... (869–044–00105–5) ...... 42.00 July 1, 2001 3 6 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 July 1, 1984 1911–1925 ...... (869–044–00106–3) ...... 20.00 July 1, 2001 3–6 ...... 14.00 3 July 1, 1984 1926 ...... (869–044–00107–1) ...... 45.00 July 1, 2001 7 ...... 6.00 3 July 1, 1984 1927–End ...... (869–044–00108–0) ...... 55.00 July 1, 2001 8 ...... 4.50 3 July 1, 1984 30 Parts: 9 ...... 13.00 3 July 1, 1984 1–199 ...... (869–044–00109–8) ...... 52.00 July 1, 2001 10–17 ...... 9.50 3 July 1, 1984 200–699 ...... (869–044–00110–1) ...... 45.00 July 1, 2001 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 700–End ...... (869–044–00111–7) ...... 53.00 July 1, 2001 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 ...... (869–044–00112–8) ...... 32.00 July 1, 2001 1–100 ...... (869–044–00162–4) ...... 22.00 July 1, 2001 200–End ...... (869–044–00113–6) ...... 56.00 July 1, 2001 101 ...... (869–044–00163–2) ...... 45.00 July 1, 2001 32 Parts: 102–200 ...... (869–044–00164–1) ...... 33.00 July 1, 2001 1–39, Vol. I ...... 15.00 2 July 1, 1984 201–End ...... (869–044–00165–9) ...... 24.00 July 1, 2001 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–044–00114–4) ...... 51.00 6July 1, 2001 1–399 ...... (869–044–00166–7) ...... 51.00 Oct. 1, 2001 ...... 191–399 ...... (869–044–00115–2) ...... 57.00 July 1, 2001 400–429 (869–044–00167–5) 59.00 Oct. 1, 2001 430–End ...... (869–044–00168–3) ...... 58.00 Oct. 1, 2001 400–629 ...... (869–044–00116–8) ...... 35.00 6July 1, 2001 630–699 ...... (869–044–00117–9) ...... 34.00 July 1, 2001 43 Parts: 700–799 ...... (869–044–00118–7) ...... 42.00 July 1, 2001 1–999 ...... (869–044–00169–1) ...... 45.00 Oct. 1, 2001 800–End ...... (869–044–00119–5) ...... 44.00 July 1, 2001 1000–end ...... (869–044–00170–5) ...... 56.00 Oct. 1, 2001 33 Parts: 44 ...... (869–044–00171–3) ...... 45.00 Oct. 1, 2001 1–124 ...... (869–044–00120–9) ...... 45.00 July 1, 2001 45 Parts: 125–199 ...... (869–044–00121–7) ...... 55.00 July 1, 2001 1–199 ...... (869–044–00172–1) ...... 53.00 Oct. 1, 2001 200–End ...... (869–044–00122–5) ...... 45.00 July 1, 2001 200–499 ...... (869–044–00173–0) ...... 31.00 Oct. 1, 2001 34 Parts: 500–1199 ...... (869–044–00174–8) ...... 45.00 Oct. 1, 2001 1–299 ...... (869–044–00123–3) ...... 43.00 July 1, 2001 1200–End ...... (869–044–00175–6) ...... 55.00 Oct. 1, 2001 300–399 ...... (869–044–00124–1) ...... 40.00 July 1, 2001 46 Parts: 400–End ...... (869–044–00125–0) ...... 56.00 July 1, 2001 1–40 ...... (869–044–00176–4) ...... 43.00 Oct. 1, 2001 35 ...... (869–044–00126–8) ...... 10.00 6July 1, 2001 41–69 ...... (869–044–00177–2) ...... 35.00 Oct. 1, 2001 70–89 ...... (869–044–00178–1) ...... 13.00 Oct. 1, 2001 36 Parts 90–139 ...... (869–044–00179–9) ...... 41.00 Oct. 1, 2001 ...... 1–199 (869–044–00127–6) 34.00 July 1, 2001 140–155 ...... (869–044–00180–2) ...... 24.00 Oct. 1, 2001 ...... 200–299 (869–044–00128–4) 33.00 July 1, 2001 156–165 ...... (869–044–00181–1) ...... 31.00 Oct. 1, 2001 ...... 300–End (869–044–00129–2) 55.00 July 1, 2001 166–199 ...... (869–044–00182–9) ...... 42.00 Oct. 1, 2001 37 (869–044–00130–6) ...... 45.00 July 1, 2001 200–499 ...... (869–044–00183–7) ...... 36.00 Oct. 1, 2001 ...... 38 Parts: 500–End (869–044–00184–5) 23.00 Oct. 1, 2001 0–17 ...... (869–044–00131–4) ...... 53.00 July 1, 2001 47 Parts: 18–End ...... (869–044–00132–2) ...... 55.00 July 1, 2001 0–19 ...... (869–044–00185–3) ...... 55.00 Oct. 1, 2001 20–39 ...... (869–044–00186–1) ...... 43.00 Oct. 1, 2001 39 ...... (869–044–00133–1) ...... 37.00 July 1, 2001 40–69 ...... (869–044–00187–0) ...... 36.00 Oct. 1, 2001 40 Parts: 70–79 ...... (869–044–00188–8) ...... 58.00 Oct. 1, 2001 1–49 ...... (869–044–00134–9) ...... 54.00 July 1, 2001 80–End ...... (869–044–00189–6) ...... 55.00 Oct. 1, 2001 50–51 ...... (869–044–00135–7) ...... 38.00 July 1, 2001 48 Chapters: 52 (52.01–52.1018) ...... (869–044–00136–5) ...... 50.00 July 1, 2001 1 (Parts 1–51) ...... (869–044–00190–0) ...... 60.00 Oct. 1, 2001 52 (52.1019–End) ...... (869–044–00137–3) ...... 55.00 July 1, 2001 1 (Parts 52–99) ...... (869–044–00191–8) ...... 45.00 Oct. 1, 2001 53–59 ...... (869–044–00138–1) ...... 28.00 July 1, 2001 2 (Parts 201–299) ...... (869–044–00192–6) ...... 53.00 Oct. 1, 2001 60 (60.1–End) ...... (869–044–00139–0) ...... 53.00 July 1, 2001 3–6 ...... (869–044–00193–4) ...... 31.00 Oct. 1, 2001 60 (Apps) ...... (869–044–00140–3) ...... 51.00 July 1, 2001 7–14 ...... (869–044–00194–2) ...... 51.00 Oct. 1, 2001 61–62 ...... (869–044–00141–1) ...... 35.00 July 1, 2001 15–28 ...... (869–044–00195–1) ...... 53.00 Oct. 1, 2001 63 (63.1–63.599) ...... (869–044–00142–0) ...... 53.00 July 1, 2001 29–End ...... (869–044–00196–9) ...... 38.00 Oct. 1, 2001 63 (63.600–63.1199) ...... (869–044–00143–8) ...... 44.00 July 1, 2001 63 (63.1200-End) ...... (869–044–00144–6) ...... 56.00 July 1, 2001 49 Parts: 64–71 ...... (869–044–00145–4) ...... 26.00 July 1, 2001 1–99 ...... (869–044–00197–7) ...... 55.00 Oct. 1, 2001 72–80 ...... (869–044–00146–2) ...... 55.00 July 1, 2001 100–185 ...... (869–044–00198–5) ...... 60.00 Oct. 1, 2001 81–85 ...... (869–044–00147–1) ...... 45.00 July 1, 2001 186–199 ...... (869–044–00199–3) ...... 18.00 Oct. 1, 2001 86 (86.1–86.599–99) ...... (869–044–00148–9) ...... 52.00 July 1, 2001 200–399 ...... (869–044–00200–1) ...... 60.00 Oct. 1, 2001 86 (86.600–1–End) ...... (869–044–00149–7) ...... 45.00 July 1, 2001 400–999 ...... (869–044–00201–9) ...... 58.00 Oct. 1, 2001 87–99 ...... (869–044–00150–1) ...... 54.00 July 1, 2001 1000–1199 ...... (869–044–00202–7) ...... 26.00 Oct. 1, 2001
VerDate 11-MAY-2000 21:12 Mar 08, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\11MRCL.LOC pfrm01 PsN: 11MRCL Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Reader Aids vii
Title Stock Number Price Revision Date 1200–End ...... (869–044–00203–5) ...... 21.00 Oct. 1, 2001 50 Parts: 1–199 ...... (869–044–00204–3) ...... 63.00 Oct. 1, 2001 200–599 ...... (869–044–00205–1) ...... 36.00 Oct. 1, 2001 600–End ...... (869–044–00206–0) ...... 55.00 Oct. 1, 2001 CFR Index and Findings Aids ...... (869–044–00047–4) ...... 56.00 Jan. 1, 2001 Complete 2001 CFR set ...... 1,195.00 2001 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2000 Individual copies ...... 2.00 2000 Complete set (one-time mailing) ...... 290.00 2000 Complete set (one-time mailing) ...... 247.00 1999 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2000, through January 1, 2001. The CFR volume issued as of January 1, 2000 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 July 1, 2000, through July 1, 2001. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period January 1, 2001, through January 1, 2002. The CFR volume issued as of January 1, 2001 should be retained..
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