7–15–03 Tuesday Vol. 68 No. 135 July 15, 2003

Pages 41681–41900

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1 II Federal Register / Vol. 68, No. 135 / Tuesday, July 15, 2003

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2 III

Contents Federal Register Vol. 68, No. 135

Tuesday, July 15, 2003

Administration on Aging Military Ocean Terminal Sunny Point, Cape Fear River, See Aging Administration NC; security zone, 41722–41724 PROPOSED RULES Aging Administration Ports and waterways safety: NOTICES Puget Sound, WA; protection of large passenger vessels; Grants and cooperative agreements; availability, etc.: security and safety zones, 41764–41768 Consolidated program; 13 priority areas, 41805–41810 NOTICES Committees; establishment, renewal, termination, etc.: Agricultural Marketing Service Chemical Transportation Advisory Committee, 41836 RULES Grapes grown in— Commerce Department California, 41683–41686 See Industry and Security Bureau Raisins produced from grapes grown in— See National Oceanic and Atmospheric Administration California, 41686–41691 NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 41780 submissions, and approvals, 41777–41779 Overseas trade missions: 2003 trade missions— Agriculture Department St. Petersburg and Moscow, Russia; oil and gas See Agricultural Marketing Service business development mission, 41780–41782 See Forest Service PROPOSED RULES Commodity Futures Trading Commission Biodiesel Fuel Education Program; administrative NOTICES provisions, 41751–41757 Contract market proposals: NOTICES Chicago Mercantile Exchange— Grants and cooperative agreements; availability, etc.: Live cattle, 41783–41784 Biodiesel Fuel Education Program, 41770–41777 Customs and Border Protection Bureau Arts and Humanities, National Foundation NOTICES See National Foundation on the Arts and the Humanities Tariff classification standards: Dairy protein blends; petition denied; party’s desire to Centers for Disease Control and Prevention contest decision, 41836–41839 NOTICES Agency information collection activities; proposals, Defense Department submissions, and approvals, 41810–41812 See Navy Department Grants and cooperative agreements; availability, etc.: NOTICES Emerging Infections Program, 41812–41815 Environmental statements; availability, etc.: Missile Defense Agency; Ground-Based Midcourse Centers for Medicare & Medicaid Services Defense Extended Test Range, 41784–41785 RULES Meetings: Medicare: Defense Business Practice Implementation Board, 41785 Long-term care hospitals; prospective payment system; Defense Policy Board Advisory Committee, 41785 annual payment rate updates and policy changes Correction, 41860–41861 Education Department NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 41816 submissions, and approvals, 41786–41787 Meetings: Children and Families Administration National Assessment Governing Board, 41787–41788 NOTICES Grants and cooperative agreements; availability, etc.: Employment and Training Administration Projects of National Significance Program, 41816–41828 NOTICES Adjustment assistance: Coast Guard Collins & Aikman Automotive Systems, 41844 RULES Evening Vision Dresses, Ltd., 41844–41845 Drawbridge operations: Harriet & Henderson Yarns, Inc., 41845 Connecticut, 41716 IBM Corp., 41845–41846 Ports and waterways safety: Leviton Manufacturing Co.. Inc., 41846 Bogue Sound, Morehead City, NC; security zone, 41721– Nestle USA, 41846 41722 Solid State-Filtronics, 41846–41847 Cape Fear River Bridge, NC; security zone, 41716–41719 Sun Apparel of Texas, 41847–41848 Lake Erie, Cleveland, OH; safety zone, 41719–41721 Tyler Refrigeration, 41848

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Energy Department General Accounting Office See Federal Energy Regulatory Commission PROPOSED RULES Personnel Appeals Board; procedural regulations, 41742– Environmental Protection Agency 41751 NOTICES Reports and guidance documents; availability, etc.: Government Ethics Office Pesticides— RULES Data submitter rights for data submitted in support of Organization, functions, and authority delegations, 41681– tolerance actions, 41789–41791 41683 Health and Human Services Department Federal Aviation Administration See Aging Administration RULES See Centers for Disease Control and Prevention Airworthiness directives: See Centers for Medicare & Medicaid Services Bombardier; correction, 41861 See Children and Families Administration Class E airspace, 41691–41696 See National Institutes of Health PROPOSED RULES Airworthiness directives: Homeland Security Department Dornier, 41762–41764 See Coast Guard GROB-WERKE, 41760–41762 See Customs and Border Protection Bureau NOTICES Exemption petitions; summary and disposition, 41856 Housing and Urban Development Department Passenger facility charges; applications, etc.: Hartsfield Atlanta International Airport, GA, 41856– NOTICES Agency information collection activities; proposals, 41857 submissions, and approvals, 41839–41840 Organization, functions, and authority delegations: Federal Communications Commission Assistant Secretaries et al.; authority to affix Department RULES seal and authenticate documents, 41840 Radio stations; table of assignments: Government National Mortgage Association, President, New Jersey, 41724–41725 41840 NOTICES Common carrier services: Industry and Security Bureau Wireless telecommunications services— NOTICES ITFS, MDS, and MMDS pending applications, 41791– Meetings: 41805 President’s Export Council, 41782

Federal Energy Regulatory Commission Interior Department NOTICES See Fish and Wildlife Service Electric rate and corporate regulation filings: See Land Management Bureau New England Independent System Operator, Inc., et al., See Minerals Management Service 41788–41789 See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office Federal Trade Commission Justice Department PROPOSED RULES Trade regulation rules: See Parole Commission Home insulation; labeling and advertising, 41871–41900 Labor Department See Employment and Training Administration Fish and Wildlife Service See Labor Statistics Bureau NOTICES Endangered and threatened species and marine mammal Labor Statistics Bureau permit applications, 41840–41841 NOTICES Natural resource damage assessment plans; availability etc.: Agency information collection activities; proposals, Lee County, VA; Lone Mountain Processing, Inc. Coal submissions, and approvals, 41849–41850 Slurry Spill, 41841 Land Management Bureau Forest Service NOTICES PROPOSED RULES Meetings: National Forest System land and resource management Resource Advisory Councils— planning: Front Range, 41841–41842 Special areas— Roadless area conservation, 41863–41865 Minerals Management Service Roadless area conservation; Tongass National Park, AK, RULES 41864–41869 Outer Continental Shelf; oil, gas, and sulphur operations: NOTICES American Petroleum Institute Recommended Practice 2A- Environmental statements; notice of intent: WSD (21st edition); incorporation by reference Buffalo Gap National Grassland, SD, 41779–41780 Correction, 41861

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National Foundation on the Arts and the Humanities Pension Benefit Guaranty Corporation NOTICES RULES Agency information collection activities; proposals, Single-employer plans: submissions, and approvals, 41850–41851 Allocation of assets— Interest assumptions for valuing and paying benefits, National Institutes of Health 41714–41716 NOTICES NOTICES Meetings: Single-employer and multiemployer plans: National Cancer Institute, 41828 Interest rates and assumptions, 41851–41852 National Center on Minority Health and Health Disparities, 41828–41829 Reclamation Bureau National Institute of Allergy and Infectious Diseases, NOTICES 41831–41832 Environmental statements; notice of intent: National Institute of Child Health and Human Lake Cascade Fishery Restoration, Boise Project, Payette Development, 41830–41831 Division, ID;, 41842–41843 National Institute of Dental and Craniofacial Research, 41832 Research and Special Programs Administration National Institute of Diabetes and Digestive and Kidney PROPOSED RULES Diseases, 41831 Pipeline safety: National Institute of General Medical Sciences, 41829– Hazardous liquid transportation— 41830 Gas transmission pipelines; integrity management in National Institute of Mental Health, 41830 high consequence areas; Technical Pipeline Safety National Institute on Alcohol Abuse and Alcoholism, Standards Advisory Committee meeting, 41768– 41829 41769 Scientific Review Center, 41832–41835 Patent licenses; non-exclusive, exclusive, or partially exclusive: Securities and Exchange Commission Lee’s Pharmaceutical Holdings, Ltd., 41835 NOTICES Self-regulatory organizations; proposed rule changes: National Oceanic and Atmospheric Administration Municipal Securities Rulemaking Board, 41852–41854 RULES Marine mammals: State Department Commercial fishing authorizations— NOTICES Fisheries categorized according to frequency of Arms Export Control Act: incidental takes; 2003 list, 41725–41741 Export licenses; congressional notifications, 41854–41856 PROPOSED RULES Meetings: Fishery conservation and management: Cultural Property Advisory Committee, 41856 Atlantic highly migratory species— Swordfish and bluefin tuna, 41769 Surface Mining Reclamation and Enforcement Office NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 41782–41783 submissions, and approvals, 41843–41844 Navy Department NOTICES Surface Transportation Board Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Railroad operation, acquisition, construction, etc.: Sensera, Inc., 41785–41786 Kansas City Southern, 41857–41858 Toledo, Peoria, & Western Railway Corp., 41858 Nuclear Regulatory Commission Union Pacific Railway Co., 41858–41859 PROPOSED RULES Rulemaking petitions: Transportation Department AEA Technology QSA, Inc.; denied, 41757–41760 See Federal Aviation Administration NOTICES See Research and Special Programs Administration Meetings; Sunshine Act, 41851 See Surface Transportation Board Applications, hearings, determinations, etc.: Fansteel, Inc., 41851 Parole Commission Separate Parts In This Issue RULES Federal prisoners; paroling and releasing, etc.: Part II District of Columbia and United States codes; prisoners Agriculture Department, Forest Service, 41863–41869 serving sentences— Supervision of released prisoners serving supervised Part III release terms, 41696–41714 Federal Trade Commission, 41871–41900

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To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Reader Aids listserv.access.gpo.gov and select Online mailing list Consult the Reader Aids section at the end of this issue for archives, FEDREGTOC-L, Join or leave the list (or change phone numbers, online resources, finding aids, reminders, settings); then follow the instructions. and notice of recently enacted public laws.

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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.

4 CFR Proposed Rules: 27...... 41742 28...... 41742 29...... 41742 5 CFR 2600...... 41681 7 CFR 925...... 41683 989...... 41686 Proposed Rules: 2903...... 41751 10 CFR Proposed Rules: 34...... 41757 14 CFR 39...... 41861 71 (7 documents) ...... 41691, 41692, 41693, 41694, 41695, 41696 Proposed Rules: 39 (2 documents) ...... 41760, 41762 16 CFR Proposed Rules: 460...... 41872 28 CFR 2...... 41696 29 CFR 4022...... 41714 4044...... 41714 30 CFR 250...... 41861 33 CFR 117...... 41716 165 (4 documents) ...... 41716, 41719, 41721, 41722 Proposed Rules: 165...... 41764 36 CFR Proposed Rules: 219...... 41864 294 (2 documents) ...... 41864, 41865 42 CFR 412...... 41860 47 CFR 73...... 41724 49 CFR Proposed Rules: 192...... 41768 50 CFR 229...... 41725 Proposed Rules: 635...... 41769

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Rules and Regulations Federal Register Vol. 68, No. 135

Tuesday, July 15, 2003

This section of the FEDERAL REGISTER Assistance and Review. OAP was later activities with private and contains regulatory documents having general reorganized to include three divisions: nongovernmental sector entities. These applicability and legal effect, most of which the Education Division, the Program activities are designed to promote are keyed to and codified in the Code of Services Division, and the Program awareness of OGE and its mission as Federal Regulations, which is published under Review Division. well as to share ideas and best practices. 50 titles pursuant to 44 U.S.C. 1510. Since OGE’s organization and We have amended § 2600.103 to reflect The Code of Federal Regulations is sold by functions regulation was published in these new responsibilities. the Superintendent of Documents. Prices of 1990, as codified at 5 CFR part 2600, Finally, other changes being made in new books are listed in the first FEDERAL OGE has also established the Office of part 2600 include providing OGE’s REGISTER issue of each week. Government Relations and Special Internet Web site address, providing Projects (OGRSP). Over the past several OGE’s new main telephone numbers, years, OGE has received requests from and updating the information in the OFFICE OF GOVERNMENT ETHICS U.S. foreign policy-making entities and section describing OGE’s history. Other has provided technical assistance 5 CFR Part 2600 minor changes were made to some through the OGRSP to foreign section headings in this part and to the RIN 3209–AA21 governments and multinational regulation’s language in a few places. organizations concerning preventive Updating Amendments to Office of programs (like OGE’s) which are part of Matters of Regulatory Procedure Government Ethics Organization and larger anticorruption efforts. Administrative Procedure Act Functions Regulation The Office of Administration and Information Management (OAIM) was Pursuant to 5 U.S.C. 553(b) and (d), as AGENCY: Office of Government Ethics added as a separate office within OGE Director of the Office of Government (OGE). due to the increased use of information Ethics, I find good cause exists for ACTION: Final rule. technology within OGE and by other waiving the general notice of proposed Federal agencies in fulfilling their rulemaking, opportunity for public SUMMARY: The Office of Government comment, and 30-day delay in Ethics is updating its organization and respective missions. The OAIM assists OGE in its continuing efforts to provide effectiveness as to this regulatory functions regulation. These revision. The notice, comment and amendments are necessary because of improved customer service, to persons both within and outside the executive delayed effective date are being waived organizational changes that have because this regulation concerns matters occurred within OGE since the branch of the Federal Government. Part 2600 is now being amended to of agency organization, practice and regulation was first published in 1990. procedure. In addition, OGE is making other minor reflect the addition of these offices and changes to improve the regulation and to provide a short description of the Executive Order 12866 to make information concerning OGE functions of each. The statement of the functions of the In promulgating these amendments, programs more readily available to the OGE has adhered to the regulatory public and to other Federal agencies. Office of the Director in paragraph (b) of § 2600.103 has been modified to reflect philosophy and the applicable EFFECTIVE DATE: July 15, 2003. additional responsibilities that have principles of regulation set forth in FOR FURTHER INFORMATION CONTACT: been acquired by the OGE Director since section 1 of Executive Order 12866, Elizabeth Horton, Attorney Advisor, 1990 and to accommodate recent Regulatory Planning and Review. These Office of Government Ethics; changes made to that office’s amendments have not been reviewed by Telephone: 202–482–9300; TDD organization. Pursuant to Executive the Office of Management and Budget (Telecommunications Device for the Order 12805, the Director serves as a under that Executive order, since they Deaf and Speech Impaired): 202–482– member of both the President’s Council are not deemed ‘‘significant’’ 9293; FAX: 202–482–9237. on Integrity and Efficiency (PCIE) and thereunder. SUPPLEMENTARY INFORMATION: In recent the Executive Council on Integrity and Executive Order 12988 years, the Office of Government Ethics Efficiency (ECIE). These councils were has made several changes to its established to coordinate and enhance As Director of the Office of organizational structure. These changes Governmental efforts to promote Government Ethics, I have reviewed this were made to improve OGE’s internal integrity and efficiency and to detect final amendatory regulation in light of agency operations, provide more and prevent fraud, waste, and abuse in section 3 of Executive Order 12988, emphasis on its education programs, Federal programs. The Director also Civil Justice Reform, and certify that it increase emphasis on its annual and serves, pursuant to Executive Order meets the applicable standards provided termination financial disclosure systems 12993, as a member of the Integrity therein. for Presidential appointees confirmed Committee. This committee receives, Regulatory Flexibility Act by the Senate, and to expand many of reviews and refers for investigation the other ethics program services that certain allegations of wrongdoing As Director of the Office of OGE provides to executive branch against Inspectors General and certain Government Ethics, I certify under the agencies. staff members of the Inspector General’s Regulatory Flexibility Act (5 U.S.C. Among these changes, OGE created a Offices. chapter 6) that this rulemaking will not new Office of Agency Programs (OAP) The Director’s responsibilities also have a significant economic impact on to replace the former Office of Program include leading many of OGE’s outreach a substantial number of small entities.

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Paperwork Reduction Act became a separate executive branch branch Presidential appointees on The Paperwork Reduction Act (44 agency on October 1, 1989, pursuant to Government ethics matters; maintains a U.S.C. chapter 35) does not apply section 3 of the Office of Government liaison and provides guidance on ethics because this rulemaking does not Ethics Reauthorization Act of 1988, to executive branch departments and contain information collection Public Law 100–598, 102 Stat. 3031 agencies; and oversees and coordinates requirements that require the approval (1988). OGE is the supervising ethics all OGE rules, regulations, formal of the Office of Management and office for all executive branch officers advisory opinions and major policy Budget. and employees pursuant to the Ethics decisions. The Director also serves as a Reform Act of 1989, Public Law 101– member of the President’s Council on Congressional Review Act 194, 103 Stat. 1716 (1989), as amended Integrity and Efficiency; the Executive The Office of Government Ethics has by Public Law 101–280, 104 Stat. 149 Council on Integrity and Efficiency; the determined that this amendatory (1990). Additionally, OGE has various Integrity Committee; and on such other rulemaking is a nonmajor rule under the responsibilities under Executive Order boards, councils, and committees as Congressional Review Act (5 U.S.C. 12674 of April 12, 1989, ‘‘Principles of may be required by statute, Executive chapter 8) and will submit a report Ethical Conduct for Government order or regulation. The Director thereon to the U.S. Senate, House of Officers and Employees’’ (3 CFR, 1989 represents the agency in various public Representatives and General Accounting Comp., pp. 215–218), as modified by outreach initiatives. Office in accordance with that law at the Executive Order 12731 of October 17, (c) Office of General Counsel and same time this rulemaking document is 1990 (3 CFR, 1990 Comp., pp. 306–311). Legal Policy. (1) The Office of General sent to the Office of the Federal Register Counsel and Legal Policy develops § 2600.102 Contact information. for publication in the Federal Register. regulations and legislative proposals (a) Address. The Office of pertaining to conflict of interest statutes List of Subjects in 5 CFR Part 2600 Government Ethics is located at 1201 and standards of ethical conduct Conflict of interests, Government New York Avenue, NW., Suite 500, applicable to executive branch officers employees, Organization and functions Washington, DC 20005–3917. OGE does and employees, and executive branch (Government agencies). not have any regional offices. public and confidential financial disclosure requirements. In addition, Approved: July 1, 2003. (b) Web site. Information about OGE and its role in the executive branch this Office provides advice and Amy L. Comstock, ethics program as well as copies of counseling to agency ethics officials Director, Office of Government Ethics. publications that have been developed through formal and informal advisory ■ Accordingly, for the reasons set forth for training, educational and reference opinions, policy memoranda, and in the preamble, the Office of purposes are available electronically on consultations. This Office also manages Government Ethics is revising 5 CFR part OGE’s Internet Web site (http:// OGE’s review and certification of 2600 to read as follows: www.usoge.gov). The Web site has financial disclosure reports filed by copies of various Executive orders, persons nominated by the President for PART 2600—ORGANIZATION AND statutes, and regulations that together positions requiring Senate confirmation; FUNCTIONS OF THE OFFICE OF form the basis for the executive branch oversees the creation and operation of GOVERNMENT ETHICS ethics program. The site also contains qualified and blind trusts and the ethics advisory opinions and letters issuance of certificates of divestiture; Sec. and responds to press inquiries. 2600.101 Mission and history. published by OGE, as well as other information pertinent to the Office. (2) The General Counsel is the 2600.102 Contact information. principal deputy of the Director of OGE. 2600.103 Office of Government Ethics (c) Telephone numbers. OGE’s main organization and functions. telephone number is 202–482–9300. (d) Office of Government Relations and Special Projects. The Office of Authority: 5 U.S.C. App. (Ethics in Persons who are deaf or speech impaired may contact OGE at the Government Relations and Special Government Act of 1978); E.O. 12674, 54 FR Projects provides liaison to the Office of 15159, 3 CFR, 1989 Comp., p. 215, as following TDD (Telecommunications modified by E.O. 12731, 55 FR 42547, 3 CFR, Device for the Deaf and Speech Management and Budget and to the 1990 Comp., p. 306. Impaired) number: 202–482–9293. The Congress regarding legislative matters, coordinates OGE’s support of U.S. § 2600.101 Mission and history. main OGE FAX number is 202–482– 9237. Government efforts concerning (a) The Office of Government Ethics international anticorruption and ethics (OGE) was established by the Ethics in § 2600.103 Office of Government Ethics initiatives, and is responsible for certain Government Act of 1978, Public Law organization and functions. OGE special projects. 95–521, 92 Stat. 1824 (1978). OGE (a) The Office of Government Ethics is (e) Office of Agency Programs. (1) The exercises leadership in the executive divided into the following offices: Office of Agency Programs provides branch of the Federal Government to (1) The Office of the Director; services to, and monitors, Federal prevent conflicts of interest on the part (2) The Office of General Counsel and executive branch agency ethics of executive branch employees and Legal Policy; programs through three divisions: the resolve those conflicts of interest that do (3) The Office of Government Education Division, the Program occur. In partnership with executive Relations and Special Projects; Services Division, and the Program branch departments and agencies, OGE (4) The Office of Agency Programs; Review Division. fosters high ethical standards for and (i) The Education Division develops executive branch employees which, in (5) The Office of Administration and ethics-related, instructor-led and Web- turn, strengthens the public’s Information Management. based training programs for executive confidence that the Government’s (b) Office of the Director. The Director agency ethics officials. The division also business is conducted with impartiality of the Office of Government Ethics is develops training for ethics officials to and integrity. appointed by the President and deliver to their employees. The division (b) Originally an entity within the confirmed by the Senate. The Director conducts annual surveys to determine Office of Personnel Management, OGE advises the White House and executive the training needs of ethics officials and

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tailors its program to address those DEPARTMENT OF AGRICULTURE handling of grapes grown in California, needs. hereinafter referred to as the ‘‘order.’’ Agricultural Marketing Service (ii) The Program Services Division is The order is effective under the OGE’s primary liaison to ethics officials Agricultural Marketing Agreement Act 7 CFR Part 925 of 1937, as amended (7 U.S.C. 601–674), in executive branch departments and [Docket No. FV03–925–2 FIR] hereinafter referred to as the ‘‘Act.’’ agencies. Through its desk officers, the USDA is issuing this rule in division assists ethics officials in Grapes Grown in a Designated Area of conformance with Executive Order developing, maintaining and improving Southeastern California; 12866. all systems within their ethics programs. Establishment of Safeguards and This rule has been reviewed under The division also discloses upon proper Procedures for Suspension of Packing Executive Order 12988, Civil Justice request copies of public financial Holidays Reform. This rule is not intended to disclosure reports that are filed with have retroactive effect. This rule will OGE, collects semiannual reports of AGENCY: Agricultural Marketing Service, not preempt any State or local laws, payments accepted under 31 U.S.C. USDA. regulations, or policies, unless they 1353, and works closely with ethics ACTION: Final rule. present an irreconcilable conflict with officials to ensure that annual and this rule. termination public financial disclosure SUMMARY: The Department of The Act provides that administrative reports and ethics agreements comply Agriculture (USDA) is adopting, as a proceedings must be exhausted before final rule, without change, an interim with ethics laws and regulations. parties may file suit in court. Under final rule which established safeguards section 608c(15)(A) of the Act, any (iii) The Program Review Division and procedures for the suspension of handler subject to an order may file monitors compliance with executive packing holidays prescribed under the with USDA a petition stating that the branch ethics laws and regulations in California grape marketing order (order). order, any provision of the order, or any executive branch departments and The order regulates the handling of obligation imposed in connection with agencies, regional offices, and military grapes grown in a designated area of the order is not in accordance with law bases through on-site ethics program Southeastern California and is and request a modification of the order reviews. Reviews are conducted to administered locally by the California or to be exempted therefrom. A handler identify and report strengths and Desert Grape Administrative Committee is afforded the opportunity for a hearing weaknesses of agency ethics programs (Committee). The procedures and on the petition. After the hearing USDA according to an annual program plan. safeguards will be used by the would rule on the petition. The Act Committee when considering and (2) In addition to the functions provides that the district court of the making decisions on packing holiday United States in any district in which performed by its three divisions, the suspension requests. Additionally, this the handler is an inhabitant, or has his Office of Agency Programs holds an rule continues in effect the clarification or her principal place of business, has annual ethics conference and collects of existing maturity requirements for jurisdiction to review USDA’s ruling on annual reports concerning certain Flame Seedless variety grapes and the the petition, provided an action is filed aspects of agency ethics programs. correction of errors in the regulatory text not later than 20 days after the date of (f) Office of Administration and regarding references to the California the entry of the ruling. Information Management. The Office of Code of Regulations (CCR). This rule continues in effect Administration and Information EFFECTIVE DATE: August 14, 2003. established safeguards and procedures Management provides support to all FOR FURTHER INFORMATION CONTACT: Rose for suspension of packing holidays OGE operating programs through two Aguayo, California Marketing Field prescribed under the California grape divisions: The Administration Division Office, Marketing Order Administration order. The explicitly stated procedures and the Information Resources Branch, Fruit and Vegetable Programs, and safeguards will be used for all Management Division. AMS, USDA, 2202 Monterey Street, requests received to suspend packing holidays. Additionally, this rule (1) The Administration Division is suite 102B, Fresno, California 93721; telephone: (559) 487–5901, Fax: (559) continues in effect the clarification of responsible for personnel, payroll, fiscal existing maturity requirements for resource management, travel, 487–5906; or George Kelhart, Technical Advisor, Marketing Order Flame Seedless variety grapes and the procurement, and the publishing and correction of errors in the regulatory text printing of materials. Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 regarding references to the CCR. (2) The Information Resources Independence Avenue SW., STOP 0237, Establishment of Safeguards and Management Division is responsible for Washington, DC 20250–0237; telephone: Procedures for Suspension of Packing telecommunications, graphics, records (202) 720–2491, Fax: (202) 720–8938. Holidays management, program management of Small businesses may request Section 925.52(a)(5) of the order’s information, and Web site technologies. information on complying with this rules and regulations provides authority [FR Doc. 03–17787 Filed 7–14–03; 8:45 am] regulation by contacting Jay Guerber, to establish holidays by prohibiting the Marketing Order Administration BILLING CODE 6345–02–P packing of all varieties of grapes during Branch, Fruit and Vegetable Programs, a specified period or periods. AMS, USDA, 1400 Independence Previously, § 925.304(e) of the order’s Avenue SW., STOP 0237, Washington, rules and regulations provided that the DC 20250–0237; telephone: (202) 720– Committee may suspend the prohibition 2491, Fax: (202) 720–8938, or E-mail: against packing or repacking grapes on [email protected]. any Saturday, Sunday, or on the SUPPLEMENTARY INFORMATION: This rule Memorial Day or Independence Day is issued under Marketing Order No. holidays of each year, to permit the 925 (7 CFR part 925), regulating the handling of grapes provided such

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handling complies with procedures and The Committee vote was 8 in favor, 0 Final Regulatory Flexibility Analysis safeguards specified by the Committee. opposed, and 1 abstained. The specific A decision by an Administrative Law safeguards and procedures were added Pursuant to requirements set forth in Judge on November 7, 2002, invalidated to § 925.304(e) of the order’s the Regulatory Flexibility Act (RFA), the the authority for the Committee to administrative rules and regulations (68 Agricultural Marketing Service (AMS) suspend or modify packing holidays, FR 19708, April 22, 2003). These has considered the economic impact of because there were no safeguards or revisions do not impact the grape this action on small entities. procedures established for the import regulation. Accordingly, AMS has prepared this Committee to follow when it makes its final regulatory flexibility analysis. decisions on whether to suspend Clarification/Removal of Section The purpose of the RFA is to fit packing holidays. Numbers regulatory actions to the scale of As a result, the Committee met on Section 925.52(a)(2) of the grape order business subject to such actions in order December 12, 2002, and recommended provides authority to limit the handling that small businesses will not be unduly specifying the following safeguards and of any grade, size, quality, maturity, or or disproportionately burdened. procedures, including USDA approval, pack of grapes differently for different Marketing orders issued pursuant to the for the suspension of packing holidays varieties, or any combination of the Act, and the rules issued thereunder, are to § 925.304(e) of the order’s rules and foregoing during any period or periods. unique in that they are brought about regulations: (1) All requests for Prior to issuance of the interim final through group action of essentially suspension of a packing holiday shall be rule, § 925.304(a)(2) of the grape order’s small entities acting on their own in writing, shall state the reasons the administrative rules and regulations behalf. Thus, both statutes have small suspension is being requested, and shall provided that grapes of the Flame entity orientation and compatibility. be submitted to the Committee manager Seedless variety shall be considered There are approximately 20 handlers by noon on Wednesday or at least 3 mature if the juice contains not less than of California grapes who are subject to days prior to the requested suspension 15 percent soluble solids and the regulation under the order and about 50 date; (2) Upon receipt of a written soluble solids are equal to or in excess producers of grapes in the production request, the Committee manager shall of 20 parts to every part acid contained area. Small agricultural service firms are promptly give reasonable notice to in the juice in accordance with defined by the Small Business producers and handlers and to USDA applicable sampling and testing Administration (SBA) (13 CFR 121.201) that an assembled Committee meeting procedures specified in sections 1436.3, as those having annual receipts of less will be held to discuss the request(s). A 1436.5, 1436.6, 1436.7, 1436.12, and than $5,000,000 and small agricultural USDA representative shall attend the 1436.17 of the CCR. These provisions producers are defined as those having Committee meeting via speakerphone or did not, but should have, specified that annual receipts of less than $750,000. in person, and all votes of the this variety of grapes also is considered Eight of the 20 handlers subject to Committee members shall be cast in mature under the grape marketing order regulation have annual grape sales of person; (3) The Committee members if the juice meets or exceeds 16.5 $5,000,000. In addition, 10 of the 50 shall consider marketing conditions producers have annual sales of at least (i.e., supplies of competing commodities percent soluble solids. To correct this oversight, the interim final rule added $750,000. Therefore, a majority of including quantities in inventory, the handlers and producers are classified as expected demand conditions for grapes language to § 925.304(a)(2) indicating small entities. in different markets, and any pertinent that Flame Seedless variety grapes shall documents which provide data on be considered mature if the juice meets This rule continues in effect the market conditions), weather conditions, or exceeds 16.5 percent soluble solids. establishment of safeguards and labor shortages, the size of the crop Prior to issuance of the interim final procedures for suspension of packing remaining to be marketed, and other rule, § 925.304(b)(4) of the grape order’s holidays prescribed under the California pertinent factors in reaching a decision rules and regulations required grape order. The specification of on whether or not to suspend packing containers of grapes to be plainly procedures and safeguards for holidays; (4) Once a vote is taken, any marked with the lot stamp number suspending packing holidays are documents utilized during the meeting corresponding to the lot inspection expected to facilitate the Committee’s will be forwarded immediately to the conducted by an authorized inspector, discussions and decision-making on USDA representative and a summary of and specified that such requirement such requests received from handlers. the Committee’s action and reasons for shall not apply to containers in the Additionally, this rule continues in recommending approval or disapproval center tier of a 3 box by 3 box pallet effect the clarification of existing will be prepared and also forwarded by configuration, as provided in §§ 1460.30 maturity requirements for Flame the Committee; and (5) The USDA and 1359 of the CCR. The references to Seedless variety grapes and the representative shall notify the §§ 1460.30 and 1359 were incorrectly correction of errors in regulatory text Committee manager of approval or added to § 925.304(b)(4) on August 23, regarding references to the CCR. 2002 (67 FR 54567). This rule continues disapproval of the request prior to Establishment of Safeguards and in effect the removal of these references commencement of the suspended Procedures for Suspension of Packing from § 925.304(b)(4) and continues the packing holiday and the Committee Holidays manager shall notify handlers and addition of references to §§ 1436.30 and producers of USDA’s decision. 1359 of the CCR to § 925.304(b)(3), as Prior to issuance of the interim final In previous seasons, the Committee should have been done last August. rule, § 925.304(e) of the order’s rules used informal safeguards and Section 925.304(f) states that certain and regulations provided that the procedures when processing and container and pack requirements cited Committee may suspend the prohibition considering requests to suspend packing in the grape order are specified in the against packing or repacking grapes on holidays. The established safeguards CCR and are incorporated by reference any Saturday, or Sunday, or on the and procedures, and USDA approval, and that a notice of any change in these Memorial Day or Independence Day are intended to address the concerns materials will be published in the holidays of each year, to permit the expressed in the administrative action. Federal Register. handling of grapes provided such

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handling complies with procedures and approval, are intended to address the 1359 of the CCR to § 925.304(b)(3), as safeguards specified by the Committee. concerns expressed in the should have been done last August. A decision issued by an administrative action. The Committee Section 925.304(f) states that certain Administrative Law Judge on November discussed alternatives to this change, container and pack requirements cited 7, 2002, invalidated the authority for the including not making any changes, but in the grape order are specified in the Committee to suspend or modify determined that safeguards and CCR and are incorporated by reference packing holidays, because there were no procedures were needed to address the and that a notice of any change in these safeguards or procedures established for concerns expressed in the materials will be published in the the Committee to follow when it makes administrative action and to facilitate Federal Register. its decisions on whether to suspend the handling of packing holiday This rule is in the interest of handlers, packing holidays. suspension requests. The Committee producers and consumers. These As a result, the Committee met on vote was 8 in favor, 0 opposed, and 1 revisions do not impact the grape December 12, 2002, and recommended abstained. The specific safeguards and import regulation. specifying the following safeguards and procedures were added to § 925.304(e) The information collection procedures, including USDA approval, of the order’s administrative rules and requirements for the safeguards and for suspension of packing holidays to regulations (68 FR 19708, April 22, procedures for the suspension of § 925.304(e) of the order’s rules and 2003). Imported grapes will not be packing holidays have been previously regulations to the handling of such affected by this action. approved by the Office of Management requests: (1) All requests for suspension and Budget (OMB) under OMB No. of a packing holiday shall be in writing, Clarification/Removal of Section 0581–0189. As with all Federal shall state the reasons the suspension is Numbers marketing order programs, reports and being requested, and shall be submitted Section 925.52(a)(2) of the grape order forms are periodically reviewed to to the Committee manager by noon on provides authority to limit the handling reduce information requirements and Wednesday or at least 3 days prior to of any grade, size, quality, maturity, or duplication by industry and public the requested suspension date; (2) upon pack of grapes differently for different sector agencies. receipt of a written request, the varieties, or any combination of the In addition, as noted in the initial Committee manager shall promptly give foregoing during any period or periods. regulatory flexibility analysis, USDA reasonable notice to producers and Previously, § 925.304(a)(2) of the has not identified any relevant Federal handlers and to USDA that an grape order’s administrative rules and rules that duplicate, overlap or conflict assembled Committee meeting will be regulations provided that grapes of the with this rule. held to discuss the request(s). A USDA Flame Seedless variety shall be Further, the Committee’s meeting was representative shall attend via considered mature if the juice contains widely publicized throughout the grape speakerphone or in person, and all votes not less than 15 percent soluble solids industry and all interested persons were of the Committee members on whether and the soluble solids are equal to or in invited to attend the meeting and or not to approve the request shall be excess of 20 parts to every part acid participate in the Committee’s cast in person; (3) the Committee contained in the juice in accordance deliberations. The interim final rule (68 members shall consider marketing with applicable sampling and testing FR 19708, April 22, 2003) stated that conditions (i.e., supplies of competing procedures specified in sections 1436.3, this issue was discussed at Committee commodities including quantities in 1436.5, 1436.6, 1436.7, 1436.12, and meetings held on November 14, 2002, inventory, the expected demand 1436.17 of the Title 3: California Code and December 12, 2002. As this issue conditions for grapes in different of Regulations (CCR). These provisions was not discussed at the November 14, markets, and any pertinent documents did not, but should have, specified that 2002, meeting, that date has been which provide data on market this variety of grapes also is considered deleted. Like all Committee meetings, conditions), weather conditions, labor mature under the grape marketing order the December 12, 2002, meeting was a shortages, the size of the crop remaining if the juice meets or exceeds 16.5 public meeting and all entities, both to be marketed, and other pertinent percent soluble solids. To correct this large and small, were able to express factors in reaching a decision to oversight, the interim final rule added their views on this issue. suspend or not suspend packing language to § 925.304(a)(2) indicating An interim final rule concerning this holidays; (4) once a vote is taken, any that Flame Seedless variety grapes shall action was published in the Federal documents utilized during the meeting be considered mature if the juice meets Register on April 22, 2003. Copies of the will be forwarded immediately to the or exceeds 16.5 percent soluble solids. rule were mailed by the Committee’s USDA representative and a summary of Prior to issuance of the interim final staff to all Committee members and the Committee’s action and reasons for rule, § 925.304(b)(4) of the grape order’s grape handlers. In addition, the rule was recommending approval or disapproval rules and regulations required made available through the Internet by will be prepared and also forwarded by containers of grapes to be plainly the Office of the Federal Register and the Committee; and (5) the USDA marked with the lot stamp number USDA. That rule provided for a 60-day representative shall notify the corresponding to the lot inspection comment period, which ended June 23, Committee manager of approval or conducted by an authorized inspector, 2003. No comments were received. disapproval of the requested prior to and specified that such requirement A small business guide on complying commencement of the suspended shall not apply to containers in the with fruit, vegetable, and specialty crop packing holiday and the Committee center tier of a 3 box by 3 box pallet marketing agreements and orders may manager shall notify handlers and configuration, as provided in §§ 1460.30 be viewed at: http://www.ams.usda.gov/ producers of USDA’s decision. and 1359 of the CCR. The references to fv/moab.html. Any questions about the In previous seasons, the Committee §§ 1460.30 and 1359 were incorrectly compliance guide should be sent to Jay used informal safeguards and added to § 925.304(b)(4) on August 23, Guerber at the previously mentioned procedures when processing and 2002 (67 FR 54567). This rule continues address in the FOR FURTHER INFORMATION considering requests to suspend packing in effect the removal of these references CONTACT section. holidays. The established safeguards from § 925.304(b)(4) and continues the After consideration of all relevant and procedures, including USDA addition of references to §§ 1436.30 and material presented, including the

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Committee’s recommendation, and EFFECTIVE DATE: Effective August 14, obligation imposed in connection with other information, it is found that 2003. This rule applies to acquisitions the order is not in accordance with law finalizing the interim final rule, without of NS and ZC raisins from the 2002– and request a modification of the order change, as published in the Federal 2003 crop until the reserve raisins from or to be exempted therefrom. Such Register (68 FR 19708, April 22, 2003) that crop are disposed of under the handler is afforded the opportunity for will tend to effectuate the declared order. a hearing on the petition. After the policy of the Act. FOR FURTHER INFORMATION CONTACT: hearing USDA would rule on the petition. The Act provides that the List of Subjects in 7 CFR Part 925 Maureen T. Pello, Senior Marketing Specialist, California Marketing Field district court of the United States in any Grapes, Marketing agreements and Office, Marketing Order Administration district in which the handler is an orders, Reporting and recordkeeping Branch, Fruit and Vegetable Programs, inhabitant, or has his or her principal requirements. AMS, USDA, 2202 Monterey Street, place of business, has jurisdiction to review USDA’s ruling on the petition, PART 925—GRAPES GROWN IN A suite 102B, Fresno, California 93721; telephone: (559) 487–5901, Fax: (559) provided an action is filed not later than DESIGNATED AREA OF 487–5906; or George Kelhart, Technical 20 days after the date of the entry of the SOUTHEASTERN CALIFORNIA Advisor, Marketing Order ruling. This rule continues in effect final ■ Accordingly, the interim final rule Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 volume regulation percentages for 2002– amending 7 CFR part 925 which was 03 crop NS and ZC raisins covered Independence Avenue, SW., STOP published at 68 FR 19708 on April 22, under the order. The percentages were 0237, Washington, DC 20250–0237; 2003, is adopted as a final rule without established through an interim final rule telephone: (202) 720–2491, Fax: (202) change. published on April 2, 2003 (68 FR 720–8938. Dated: July 9, 2003. Small businesses may request 15926). The volume regulation A.J. Yates, information on complying with this percentages are 53 percent free and 47 Administrator, Agricultural Marketing regulation by contacting Jay Guerber, percent reserve for NS raisins, and 80 Service. Marketing Order Administration percent free and 20 percent reserve for ZC raisins. Free tonnage raisins may be [FR Doc. 03–17798 Filed 7–14–03; 8:45 am] Branch, Fruit and Vegetable Programs, sold by handlers to any market. Reserve BILLING CODE 3410–02–P AMS, USDA, 1400 Independence raisins must be held in a pool for the Avenue, SW., STOP 0237, Washington account of the Committee and are DC 20250–0237; telephone: (202) 720– disposed of through various programs DEPARTMENT OF AGRICULTURE 2491, Fax: (202) 720–8938, or E-mail: authorized under the order. For [email protected]. Agricultural Marketing Service example, reserve raisins may be sold by SUPPLEMENTARY INFORMATION: This rule the Committee to handlers for free use 7 CFR Part 989 is issued under Marketing Agreement or to replace part of the free tonnage and Order No. 989 (7 CFR part 989), raisins they exported; used in diversion [Docket No. FV03–989–4 FIR] both as amended, regulating the programs; carried over as a hedge handling of raisins produced from against a short crop; or disposed of in Raisins Produced From Grapes Grown grapes grown in California, hereinafter other outlets not competitive with those in California; Final Free and Reserve referred to as the ‘‘order.’’ The order is for free tonnage raisins, such as Percentages for 2002–03 Crop Natural effective under the Agricultural government purchase, distilleries, or (Sun-dried) Seedless and Zante Marketing Agreement Act of 1937, as animal feed. Currant Raisins amended (7 U.S.C. 601–674), hereinafter The volume regulation percentages referred to as the ‘‘Act.’’ are intended to help stabilize raisin AGENCY: Agricultural Marketing Service, USDA is issuing this rule in supplies and prices, and strengthen USDA. conformance with Executive Order market conditions. The Committee ACTION: Final rule. 12866. unanimously recommended ZC final This rule has been reviewed under percentages on January 29, 2003, and SUMMARY: The Department of Executive Order 12988, Civil Justice NS final percentages on February 13, Agriculture (USDA) is adopting, as a Reform. Under the order provisions now 2003. final rule, without change, an interim in effect, final free and reserve final rule that established final volume percentages may be established for Computation of Trade Demands regulation percentages for 2002–03 crop raisins acquired by handlers during the Section 989.54 of the order prescribes Natural (sun-dried) Seedless (NS) and crop year. This rule continues in effect procedures and time frames to be Zante Currant (ZC) raisins covered final free and reserve percentages for NS followed in establishing volume under the Federal marketing order for and ZC raisins for the 2002–03 crop regulation. This includes methodology California raisins (order). The order year, which began August 1, 2002, and used to calculate percentages. Pursuant regulates the handling of raisins ends July 31, 2003. This rule will not to § 989.54(a) of the order, the produced from grapes grown in preempt any State or local laws, Committee met on August 14, 2002, to California and is locally administered regulations, or policies, unless they review shipment and inventory data, by the Raisin Administrative Committee present an irreconcilable conflict with and other matters relating to the (Committee). The volume regulation this rule. supplies of raisins of all varietal types. percentages are 53 percent free and 47 The Act provides that administrative The Committee computed a trade percent reserve for NS raisins, and 80 proceedings must be exhausted before demand for each varietal type for which percent free and 20 percent reserve for parties may file suit in court. Under a free tonnage percentage might be ZC raisins. The percentages are section 608c(15)(A) of the Act, any recommended. Trade demand is intended to help stabilize raisin handler subject to an order may file computed using a formula specified in supplies and prices, and strengthen with USDA a petition stating that the the order and, for each varietal type, is market conditions. order, any provision of the order, or any equal to 90 percent of the prior year’s

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shipments of free tonnage and reserve past 5 crop years, converted to a natural years, converted to a natural condition tonnage raisins sold for free use into all condition basis, dropping the high and basis, dropping the high and low market outlets, adjusted by subtracting low figures, and dividing the remaining figures, and dividing the remaining sum the carryin on August 1 of the current sum by three, or 60,000 natural by three. In accordance with these crop year, and adding the desirable condition tons, whichever is higher. For provisions, the Committee computed carryout at the end of that crop year. As all other varietal types, including ZC and announced 2002–03 trade demands specified in § 989.154(a), the desirable raisins, the desirable carryout shall for NS and ZC raisins at 196,185 tons carryout for NS raisins shall equal the equal the total shipments of free tonnage and 2,166 tons, respectively, as shown total shipments of free tonnage during during August, September and one-half below. August and September for each of the of October for each of the past 5 crop

COMPUTED TRADE DEMANDS [Natural condition tons]

NS Raisins ZC Raisins

Prior year’s shipments ...... 298,133 3,441 Multiplied by 90 percent ...... 0.90 0.90 Equals adjusted base ...... 268,320 3,097 Minus carryin inventory ...... 132,135 1,910 Plus desirable carryout ...... 60,000 978 Equals computed trade demand ...... 196,185 2,166

Computation of Preliminary Volume average of 4,494 tons. Combining the for this action was to take advantage of Regulation Percentages carry-in inventory of 1,910 tons with the increased demand created by a short Section 989.54(b) of the order requires 4,544-ton crop estimate resulted in a Greek crop. Greece’s crop has been that the Committee announce, on or total available supply of 6,454 tons. reduced due to adverse weather before October 5, preliminary crop With the estimated supply significantly conditions, and the Committee hopes to estimates and determine whether higher (almost three times) than the be able to sell more California ZC raisins volume regulation is warranted for the 2,166-ton trade demand, the Committee in world markets. varietal types for which it computed a determined that volume regulation for ZC raisins was warranted. The Computation of Final Volume trade demand. That section allows the Regulation Percentages Committee to extend the October 5 date Committee announced preliminary up to 5 business days if warranted by a percentages for ZC raisins, which Pursuant to § 989.54(c), at its January late crop. released 65 percent of the computed 29, 2003, meeting, the Committee Due to a late 2002 crop, the trade demand since field price had not announced interim percentages for NS Committee met on October 8, 2002, and been established. The preliminary and ZC raisins to release slightly less announced a preliminary crop estimate percentages were 31 percent free and 69 than their full trade demands. Based on for NS raisins of 407,996 tons, which is percent reserve. a revised NS crop estimate of 373,138 Field prices for both NS and ZC almost 18 percent higher than the 10- tons (down from the October estimate of raisins were established on January 10, year average of 346,770 tons. NS raisins 407,996 tons), interim percentages for 2003, and preliminary percentages were are the major varietal type of California NS raisins were announced at 52.75 revised on January 13, 2003, to 41 raisin. Adding the carryin inventory of percent free and 47.25 percent reserve. percent free and 59 percent reserve for 132,135 tons, plus 18,000 tons of reserve Based on a revised ZC crop estimate of NS and ZC raisins to release 85 percent raisins expected to be released to 4,128 tons (down from the October of their trade demands. handlers this season for free use in an estimate of 4,544 tons), interim export program, plus the 407,996-ton In addition, preliminary percentages percentages for ZC raisins were crop estimate resulted in a total were announced for Other Seedless, announced at 79.75 percent free and available supply of 558,131 tons, which Dipped Seedless, and Oleate and 20.25 percent reserve. was significantly higher (almost 285 Related Seedless. It was ultimately percent) than the 196,185-ton trade determined that volume regulation was Pursuant to § 989.54(d), the demand. Thus, the Committee only warranted for NS and ZC raisins. Committee also recommended final determined that volume regulation for As in past seasons, the Committee percentages to release the full trade NS raisins was warranted. The submitted its marketing policy to USDA demands for NS and ZC raisins. Final Committee announced preliminary free for review. percentages were recommended for ZC and reserve percentages for NS raisins, raisins at the Committee’s January Modification To Marketing Policy which released 65 percent of the meeting at 80 percent free and 20 Regarding ZC Raisins computed trade demand since the field percent reserve. Final percentages for price (price paid by handlers to Pursuant to § 989.54(f) of the order, NS raisins were recommended by the producers for their free tonnage raisins) the Committee met on January 29, 2003, Committee at a meeting on February 13, had not been established. The and revised its marketing policy 2003, at 53 percent free and 47 percent preliminary percentages were 31 regarding ZC raisins due to a major reserve, based on a revised crop percent free and 69 percent reserve. change in economic conditions. The estimate of 373,680 tons (slightly up Also at its October 8, 2002, meeting, Committee recommended, and USDA from the January estimate of 373,138 the Committee announced a preliminary subsequently approved, an increase in tons). The Committee’s calculations to crop estimate for ZC raisins at 4,544 the ZC trade demand from 2,166 to arrive at final percentages for NS and ZS tons, which is comparable to the 10-year 3,302 tons. The Committee’s rationale raisins are shown in the table below:

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FINAL VOLUME REGULATION PERCENTAGES [Natural condition tons]

NS Raisins ZC Raisins

Trade demand ...... 196,185 3,302 Divided by crop estimate ...... 1 373,680 2 4,128 Equals free percentage ...... 53 80 100 minus free percentage equals reserve percentage ...... 47 20 1 The crop estimate for NS raisins is underestimated, as acquisitions through the week ending April 26, 2003, were 385,575 tons. 2 The crop estimate for ZC raisins is underestimated, as acquisitions through the week ending April 26, 2003, were 4,356 tons.

In addition, USDA’s ‘‘Guidelines for natural condition raisins, or 6,147 tons subject to regulation have annual sales Fruit, Vegetable, and Specialty Crop of packed raisins, available to handlers estimated to be at least $5,000,000, and Marketing Orders’’ (Guidelines) specify for free use or primary markets. This is the remaining 7 handlers have sales less that 110 percent of recent years’ sales over 200 percent of the quantity of ZC than $5,000,000. No more than 7 should be made available to primary raisins shipped during the 2001–02 crop handlers, and a majority of producers, of markets each season for marketing year (3,441 tons natural condition tons California raisins may be classified as orders utilizing reserve pool authority. or 3,043 packed tons). small entities. This goal was met for NS and ZS raisins In addition to the 10 plus 10 offers, Since 1949, the California raisin by the establishment of final § 989.67(j) of the order provides industry has operated under a Federal percentages, which released 100 percent authority for sales of reserve raisins to marketing order. The order contains of the trade demands and the offer of handlers under certain conditions such authority to, among other things, limit additional reserve raisins for sale to as a national emergency, crop failure, the portion of a given year’s crop that handlers under the ‘‘10 plus 10 offers.’’ change in economic or marketing can be marketed freely in any outlet by As specified in § 989.54(g), the 10 plus conditions, or if free tonnage shipments raisin handlers. This volume control 10 offers are two offers of reserve pool in the current crop year exceed mechanism is used to stabilize supplies raisins, which are made available to shipments of a comparable period of the and prices and strengthen market handlers during each season. For each prior crop year. Such reserve raisins conditions. such offer, a quantity of reserve raisins may be sold by handlers to any market. Pursuant to § 989.54(d) of the order, equal to 10 percent of the prior year’s When implemented, the additional this rule continues in effect final shipments is made available for free use. offers of reserve raisins make even more volume regulation percentages for 2002– Handlers may sell their 10 plus 10 raisins available to primary markets, 03 crop NS and ZC raisins. The volume raisins to any market. which is consistent with USDA’s regulation percentages are 53 percent For NS raisins, the first ‘‘10 plus 10 Guidelines. free and 47 percent reserve for NS offer’’ was made in February 2003, and raisins, and 80 percent free and 20 the second offer was made in May 2003. Final Regulatory Flexibility Analysis percent reserve for ZC raisins. Free A total of 59,626 tons was made Pursuant to requirements set forth in tonnage raisins may be sold by handlers available to raisin handlers through the Regulatory Flexibility Act (RFA), the to any market. Reserve raisins must be these offers, and 56,796 tons were Agricultural Marketing Service (AMS) held in a pool for the account of the purchased. Adding the total figure of has considered the economic impact of Committee and are disposed of through 56,796 tons of 10 plus 10 raisins to the this action on small entities. certain programs authorized under the 385,575 tons of free tonnage raisins Accordingly, AMS has prepared this order. acquired by handlers from producers final regulatory flexibility analysis. Volume regulation is warranted this through the week ending April 26, 2003, The purpose of the RFA is to fit season for NS raisins because plus 132,135 tons of 2002–03 carryin regulatory actions to the scale of acquisitions of 385,575 tons through the inventory, plus 18,000 tons of reserve business subject to such actions in order week ending April 26, 2003, combined raisins released during the season that small businesses will not be unduly with the carryin inventory of 132,135 through an export program, equates to or disproportionately burdened. tons, plus 19,700 tons of reserve raisins 592,506 tons of natural condition Marketing orders issued pursuant to the released for free use through an export raisins, or 556,108 tons of packed Act, and rules issued thereunder, are program, results in a total available raisins, that are available to handlers for unique in that they are brought about supply of 537,410 tons, which is about free use or primary markets. This is through group action of essentially 274 percent higher than the 196,185-ton almost 200 percent of the quantity of NS small entities acting on their own trade demand. Volume regulation is raisins shipped during the 2001–02 crop behalf. Thus, both statutes have small warranted for ZC raisins this season year (298,133 natural condition tons or entity orientation and compatibility. because acquisitions of 4,356 tons 279,819 packed tons). There are approximately 20 handlers through the week ending April 26, 2003, For ZC raisins, both ‘‘10 plus 10 of California raisins who are subject to combined with the carryin inventory of offers’’ were held simultaneously in regulation under the order and 1,910 tons results in a total available February 2003. A total of 688 tons was approximately 4,500 raisin producers in supply of 6,266 tons, which is almost made available to handlers, and all of the regulated area. Small agricultural twice the 3,302-ton trade demand. the raisins were purchased. Adding the service firms are defined by the Small Many years of marketing experience 688 tons of 10 plus 10 raisins to the Business Administration (13 CFR led to the development of the current 4,356 tons of free tonnage raisins 121.201) as those having annual receipts volume regulation procedures. These acquired by handlers from producers of less than $5,000,000, and small procedures have helped the industry through the week ending April 26, 2003, agricultural producers are defined as address its marketing problems by plus 1,910 tons of 2002–03 carryin those having annual receipts of less than keeping supplies in balance with inventory equates to 6,954 tons of $750,000. Thirteen of the 20 handlers domestic and export market needs, and

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strengthening market conditions. The then, the percent of raisin-variety grapes Volume regulation is helpful to the current volume regulation procedures sold to the wine industry has decreased. raisin industry because it lessens the fully supply the domestic and export In addition, the price wineries have impact of such fluctuations and markets, provide for market expansion, offered for raisin grapes has dropped to contributes to orderly marketing. For and help reduce the burden of $65 per ton. example, producer prices for NS raisins oversupplies in the domestic market. California’s grapes are classified into remained fairly steady between the Raisin grapes are a perennial crop, so three groups—table grapes, wine grapes, 1992–93 through the 1997–98 seasons, production in any year is dependent and raisin-variety grapes. Raisin-variety although production varied. As shown upon plantings made in earlier years. grapes are the most versatile of the three in the table below, during those years, The sun-drying method of producing types. They can be marketed as fresh production varied from a low of 272,063 raisins involves considerable risk grapes, crushed for juice in the tons in 1996–97 to a high of 387,007 because of variable weather patterns. production of wine or juice concentrate, tons in 1993–94, or about 114,944 tons. Even though the product and the or dried into raisins. Annual industry are viewed as mature, the fluctuations in the fresh grape, wine, According to Committee data, the total industry has experienced considerable and concentrate markets, as well as producer return per ton during those change over the last several decades. weather-related factors, cause years, which includes proceeds from Before the 1975–76 crop year, more than fluctuations in raisin supply. This type both free tonnage plus reserve pool 50 percent of the raisins were packed of situation introduces a certain amount raisins, has varied from a low of $901 and sold directly to consumers. Now, of variability into the raisin market. in 1992–93 to a high of $1,049 in 1996– over 60 percent of raisins are sold in Although the size of the crop for raisin- 97, or $148. Total producer prices for bulk. This means that raisins are now variety grapes may be known, the the 1998–99 and 1999–2000 seasons sold to consumers mostly as an amount dried for raisins depends on the increased significantly due to back-to- ingredient in another product such as demand for crushing. This makes the back short crops during those years. cereal and baked goods. In addition, for marketing of raisins a more difficult Producer prices dropped dramatically a few years in the early 1970’s, over 50 task. These supply fluctuations can for the last two seasons due to record- percent of the raisin grapes were sold to result in producer price instability and size production and large carry-in the wine market for crushing. Since disorderly market conditions. inventories.

NATURAL SEEDLESS PRODUCER PRICES

Deliveries Producer Crop year (natural condi- prices tion tons) (per ton)

2001–02 ...... 377,328 1 $663.95 2000–01 ...... 432,616 570.82 1999–2000 ...... 299,910 1,211.25 1998–99 ...... 240,469 2 1,290.00 1997–98 ...... 382,448 946.52 1996–97 ...... 272,063 1,049.20 1995–96 ...... 325,911 1,007.19 1994–95 ...... 378,427 928.27 1993–94 ...... 387,007 904.60 1992–93 ...... 371,516 901.41 1 Return-to-date, reserve pool still open. 2 No volume regulation.

There are essentially two broad While the overall demand for raisins contributed to the industry’s markets for raisins—domestic and has been decreasing (as reflected in the burdensome supply of raisins. export. In recent years, both export and decline in commercial shipments and This type of surplus situation leads to domestic shipments have been per capita consumption), production serious marketing problems. Handlers decreasing. Domestic shipments has been increasing. Deliveries of NS compete against each other in an decreased from a high of 204,805 dried raisins from producers to handlers attempt to sell more raisins to reduce packed tons during the 1990–91 crop reached an all-time high of 432,616 tons inventories and to market their crop. year to a low of 156,325 packed tons in in the 2000–01 crop year. This large This situation puts downward pressure 1999–2000. In addition, exports crop was preceded by two short crop on growers’ prices and incomes. decreased from 114,576 packed tons in years; deliveries were 240,469 tons in The order permits the industry to 1991–92 to a low of 91,600 packed tons 1998–99 and 299,910 tons in 1999– exercise supply control provisions, in the 1999–2000 crop year. 2000. Deliveries for the 2000–01 crop which allow for the establishment of free and reserve percentages, and In addition, the per capita year soared to a record level because of increased bearing acreage, increased establishment of a reserve pool. One of consumption of raisins has declined the primary purposes of establishing from 2.07 pounds in 1988 to 1.46 yields, and growers drying more grapes for raisins. Deliveries for the 2001–02 free and reserve percentages is to pounds in 2001. This decrease is equilibrate supply and demand. If raisin consistent with the decrease in the per crop year were at 377,328 tons, and deliveries through April 26, 2003, for markets are over-supplied with product, capita consumption of dried fruits in producer prices will decline. the current year were at 385,575 tons. general, which is due to the increasing Raisins are generally marketed at availability of most types of fresh fruit Three crop years of high production and a large 2002–03 carryin inventory has relatively lower price levels in the more throughout the year. elastic export market than in the more

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inelastic domestic market. This results production that is marketed in the Regarding ZC raisins, ZC raisin in a larger volume of raisins being primary markets. production is much smaller than NS marketed and enhances producer The reserve percentage limits what raisin production. Volume regulation returns. In addition, this system allows handlers can market as free tonnage. has been implemented for ZC raisins the U.S. raisin industry to be more Assuming the 53 percent reserve limits during the 1994–95, 1995–96, 1997–98, competitive in export markets. the total free tonnage to 204,355 natural 1998–99, 1999–2000, and 2000–01 seasons. Various programs to utilize To assess the impact that volume condition tons (.53 × 385,575 tons reserve pool ZC raisins were control has on the prices producers delivered through April 26, 2003) and implemented during those years. As receive for their product, an carryin is 132,135 natural condition shown in the table below, although econometric model has been tons, and purchases from reserve total production varied during those years, constructed. The model developed is for 79,326 natural condition tons (which volume regulation helped to reduce the purpose of estimating nominal includes anticipated reserve raisins inventories, and helped to strengthen prices under a number of scenarios released through the export program total producer prices (free tonnage plus using the volume control authority and other purchases), then the total free reserve ZC raisins) from $412.56 per ton under the Federal marketing order. The supply is estimated at 415,816 natural in 1994–95 to a high of $1,034.03 per price producers receive for the harvest condition tons. The econometric model ton in 1998–99. The Committee is and delivery of their crop is largely estimates prices to be $142 per ton implementing an export program for ZC determined by the level of production higher than under an unregulated raisins, in addition to NS raisins. and the volume of carryin inventories. scenario. This price increase is Through this program, the Committee The Federal marketing order permits the beneficial to all producers regardless of plans to continue to manage its ZC industry to exercise supply control size and enhances producers’ total supply, build and maintain export provisions, which allow for the revenues in comparison to no volume markets, and ultimately improve establishment of reserve and free control. Establishing a reserve allows producer returns. Volume regulation percentages for primary markets, and a the industry to help stabilize supplies in helps the industry not only to manage reserve pool. The establishment of both domestic and export markets, oversupplies of raisins, but also reserve percentages impacts the while improving returns to producers. maintain market stability.

ZC INVENTORIES AND PRODUCER PRICES DURING YEARS OF VOLUME REGULATION [Natural condition tons]

Inventory Producer Crop year Deliveries prices Desirable Physical (per ton)

2001–02 ...... 4,213 1,227 1,395 1 $1,000.00 2000–01 ...... 4,848 1,227 1,109 851.55 1999–2000 ...... 3,683 573 1,906 669.14 1998–99 ...... 3,880 694 1,188 1,034.03 1997–98 ...... 4,826 788 1,679 710.08 1996–97 ...... 4,491 987 549 2 1,150.00 1995–96 ...... 3,294 782 2,890 711.32 1994–95 ...... 5,377 837 4,364 412.56 1 and 2 No volume regulation.

Free and reserve percentages are year since 1983–84. There are no known applied in past seasons. Thus, this established by varietal type, and usually additional costs incurred by small action imposes no additional reporting in years when the supply exceeds the handlers that are not incurred by large or recordkeeping burdens on either trade demand by a large enough margin handlers. While the level of benefits of small or large handlers. The forms that the Committee believes volume this rulemaking are difficult to quantify, require information which is readily regulation is necessary to maintain the stabilizing effects of the volume available from handler records and market stability. Accordingly, in regulations impact small and large which can be provided without data assessing whether to apply volume handlers positively by helping them processing equipment or trained regulation or, as an alternative, not to maintain and expand markets even statistical staff. The information apply such regulation, it has been though raisin supplies fluctuate widely collection and recordkeeping determined that volume regulation is from season to season. Likewise, price requirements have been previously warranted this season for only two of stability positively impacts small and approved by the Office of Management the ten raisin varietal types defined large producers by allowing them to and Budget (OMB) under OMB Control under the order. better anticipate the revenues their No. 0581–0178. As with other similar The free and reserve percentages raisins will generate. marketing order programs, reports and established by this rule release the full There are some reporting, forms are periodically studied to reduce trade demands and apply uniformly to recordkeeping and other compliance or eliminate duplicate information all handlers in the industry, regardless requirements under the order. The collection burdens by industry and of size. For NS raisins, with the reporting and recordkeeping burdens public sector agencies. In addition, exception of the 1998–99 crop year, are necessary for compliance purposes USDA has not identified any relevant small and large raisin producers and and for developing statistical data for Federal rules that duplicate, overlap, or handlers have been operating under maintenance of the program. The conflict with this rule. volume regulation percentages every requirements are the same as those

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Further, Committee and DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: subcommittee meetings are widely Kathy Randolph, Air Traffic Division, publicized in advance and are held in Federal Aviation Administration Airspace Branch, ACE–520C, DOT a location central to the production area. Regional Headquarters Building, Federal The meetings are open to all industry 14 CFR Part 71 Aviation Administration, 901 Locust, members, including small business [Docket No. FAA–2003–15454; Airspace Kansas City, MO 64106; telephone: entities, and other interested persons Docket No. 03–ACE–52] (816) 329–2525. who are encouraged to participate in the SUPPLEMENTARY INFORMATION: The FAA deliberations and voice their opinions Modification of Class E Airspace; has developed RNAV (GPS)—D Wichita Mid-Continent Airport, KS on topics under discussion. ORIGINAL SIAP and VOR—C An interim final rule concerning this AGENCY: Federal Aviation AMENDMENT 1 SIAP to serve Cessna Aircraft Field, Wichita, KS. The Wichita action was published in the Federal Administration (FAA), DOT. Mid-Continent Airport, KS Class E Register on April 2, 2003 (68 FR 15926). ACTION: Direct final rule; request for comments. airspace area encompasses that Class E Copies of the rule were mailed to all airspace designed to protect aircraft Committee members and alternates, the SUMMARY: This amendment to Title 14 executing SIAPs into Cessna Aircraft Raisin Bargaining Association, handlers, Code of Federal Regulations, part 71 (14 Field. This action modifies the Wichita and dehydrators. In addition, the rule CFR part 71) modifies the Wichita Mid- Mid-Continent Airport, KS Class E was made available through the Internet Continent Airport, KS Class E airspace airspace area to the appropriate by the Office of the Federal Register and area. The FAA has developed an Area dimension for protecting aircraft USDA. That rule provided for a 60-day Navigation (RNAV) Global Positioning executing these newly developed/ comment period that ended on June 2, System (GPS) Standard Instrument amended instrument approach 2003. No comments were received. Approach Procedure (SIAP) and an procedures. As a result, Cessna Aircraft A small business guide on complying amended VHF Omni-directional Range Field airport reference is no longer with fruit, vegetable, and specialty crop (VOR) SIAP to serve Cessna Aircraft required in the Wichita Mid-Continent marketing agreements and orders may Field, Wichita, KS. The Wichita Mid- Airport, KS Class E airspace legal Continent Airport, KS Class E airspace be viewed at: http://www.ams.usda.gov/ description. An examination of area encompasses that Class E airspace fv/moab.html. Any questions about the controlled airspace for Wichita Mid- designed to protect aircraft executing Continent Airport, KS Class E airspace compliance guide should be sent to Jay SIAPs into Cessna Aircraft Field. This Guerber at the previously mentioned area. The locations of Wichita Mid- action modifies the Wichita Mid- Continent Localizer Runway 1L, address in the FOR FURTHER INFORMATION Continent Airport, KS Class E airspace Wichita McConnell Air Force Base CONTACT section. area to the appropriate dimensions for (AFB) Localizer Runway 1L and AUBRA After consideration of all relevant protecting aircraft executing these Waypoint, all of which are used in the material presented, including the newly developed instrument approach legal description of this airspace area, information and recommendation procedures. An examination of have been redefined. Portions of the submitted by the Committee and other controlled airspace for Wichita Mid- airspace area description in the vicinity available information, it is hereby found Continent Airport, KS has revealed of McConnell AFB were omitted in the that this rule, as hereinafter set forth, several discrepancies in the Wichita previous publication. This action will tend to effectuate the declared Mid-Continent Airport, KS Class E corrects the discrepancies by modifying policy of the Act. airspace area. This action corrects the the airspace area and its legal discrepancies by modifying the airspace description. This amendment to 24 CFR List of Subjects in 7 CFR Part 989 area and its legal description. 71 modifies the Class E airspace area EFFECTIVE DATE: This direct final rule is Grapes, Marketing agreements, extending upward from 700 feet above effective on 0901 UTC, October 30, the surface of the earth at Wichita Mid- Raisins, Reporting and recordkeeping 2003. Comments for inclusion in the Continent Airport, KS. It also brings the requirements. rules Docket must be received on or legal descriptions of this airspace area before August 20, 2003. PART 989—RAISINS PRODUCED into compliance with FAA Order ADDRESSES: FROM GRAPES GROWN IN Send comments on this 7400.2E, Procedures for handling proposal to the Docket Management CALIFORNIA Airspace Matters. The area will be System, U.S. Department of depicted on appropriate aeronautical Transportation, Room Plaza 401, 400 ■ charts. Class E airspace area extending Accordingly, the interim final rule Seventh Street, SW., Washington, DC upward from 700 feet or more above the amending 7 CFR part 989 which was 20590–0001. You must identify the surface of the earth are published in published at 68 FR 15926 on April 2, docket number FAA–2003–15454/ paragraph 6005 of FAA Order 7400.9K, 2003, is adopted as a final rule without Airspace Docket No. 03–ACE–52, at the dated August 30, 2002, and effective change. beginning of your comments. You may September 16, 2002, which is Dated: July 9, 2003. also submit comments on the Internet at incorporated by reference in 14 CFR A.J. Yates, http://dms.dot.gov. You may review the 71.1. The Class E airspace designation public docket containing the proposal, listed in this document will be Administrator, Agricultural Marketing any comments received, and any final Service. published subsequently in the Order. disposition in person in the Dockets [FR Doc. 03–17799 Filed 7–14–03; 8:45 am] The Direct Final Rule Procedure Office between 9 a.m. and 5 p.m., BILLING CODE 3410–02–P Monday through Friday, except Federal The FAA anticipates that this holidays. The Docket Office (telephone regulation will not result in adverse or 1–800–647–5527) is on the plaza level negative comment and, therefore, is of the Department of Transportation issuing it as a direct final rule. Previous NASSIF Building at the above address. actions of this nature have not been

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controversial and have not resulted in a ‘‘significant rule’’ under Department of course extending from the AFB to 11.2 miles adverse comments or objections. Unless transportation (DOT) Regulatory south of the AFB and within a 6.4-mile a written adverse or negative comment, Policies and Procedures (44 FR 11034, radius of the Augusta Municipal Airport and or a written notice of intent to submit within a 6.5 mile radius of the Colonel James February 26, 1979); and (3) if Jabrar Airport and within 1.8 miles each side an adverse or negative comment is promulgated will not have a significant of a lone extending from the Colonel James received within the comment period, economic impact, positive or negative, Jabara Airport to the AUGRA Waypoint the regulation will become effective on on a substantial number of small entities extending from the 6.5-mile radius to 7 miles the date specified above. After the close under the criteria of the Regulatory north of the airport. of the comment period, the FAA will Flexibility Act. publish a document in the Federal * * * * * Register indicating that no adverse or List of Subjects in 14 CFR Part 71 Issued in Kansas City, MO, on June 30, negative comments were received and Airspace, Incorporation by reference, 2003. confirming the date on which the final Navigation (air). Herman J. Lyons, Jr., Manager, Air Traffic Davison, Central Region. rule will become effective. If the FAA Adoption of the Amendment does receive, within the comment [FR Doc. 03–17766 Filed 7–14–03; 8:45 am] ■ period, an adverse or negative comment, Accordingly, the Federal Aviation BILLING CODE 4910–13–M or written notice of intent to submit Administration amends 14 CFR part 71 such a comment, a document as follows: withdrawing the direct final rule will be DEPARTMENT OF TRANSPORTATION published in the Federal Register, and PART 71—DESIGNATION OF CLASS A, a notice of proposed rulemaking may be CLASS B, CLASS C, CLASS D, AND Federal Aviation Administration published with a new comment period. CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES AND REPORTING 14 CFR Part 71 Comments Invited POINTS [Docket No. FAA–2003–15455; Airspace Interested parties are invited to ■ Docket No. 03–ACE–53] participate in this rulemaking by 1. The authority citation for part 71 continues to read as follows: submitting such written data, views, or Modification of Class E Airspace; arguments, as they may desire. Authority: U.S.C. 106(g), 40103, 40113, Sioux Center, IA Comments that provide the factual basis 40120; E.O. 10854, 24 FR 9565, 3CFR 1959– supporting the views and suggestions 1963 Comp., p. 389. AGENCY: Federal Aviation Administration (FAA), DOT. presented are particularly helpful in § 71.1 [Amended] developing reasoned regulatory ACTION: Direct final rule; request for decisions on the proposal. Comments ■ 2. The incorporation by reference in 14 comments. are specifically invited on the overall CFR 71.1 of Federal Aviation SUMMARY: This action modifies Class E regulatory, aeronautical, economic, Administration Order 7400.9K, dated airspace at Sioux Center, IA. An environmental, and energy-related August 20, 2002, and effective examination of controlled airspace for aspects of the proposal. September 16, 1002, is amended as Sioux Center, IA revealed discrepancies Communications should identify both follows: in the Sioux Center Municipal Airport docket numbers and be submitted in Paragraph 6005 Class E airspace areas airport reference point used in the legal triplicate to the address listed above. extending upward from 700 feet or more description for the Sioux Center, IA Commenters wishing the FAA to above the surface of the earth. Class E airspace area. This action acknowledge receipt of their comments * * * * * corrects the discrepancies by modifying on this notice must submit with those the Sioux Center, IA Class E airspace comments a self-addressed, stamped ACE KS E5 Wichita Mid-Continent Airport, area. It also incorporates the revised postcard on which the following KS. Sioux Center Municipal Airport airport statement is made: ‘‘Comments to Wichita Mid-Continent Airport, KS, reference point in the Class E airspace Docket No. FAA–2003–15454/Airspace (Lat. 37°39′00″ N., long. 97°25′59″ W.) legal description. Docket No. 03–ACE–52.’’ The postcard Wichita Mid-Continent Localizer Runway 1L, ° ′ ″ ° ′ ″ will be date/time stamped and returned (Lat. 37 39 51 N., long. 97 25 57 W.) DATES: This direct final rule is effective to the commenter. Wichita McConnell Air Force Base, KS, on 0901 UTC, October 30, 2003. (Lat. 37°37′33″ N., long. 97°16′03″ W.) Comments for inclusion in the Rules Agency Findings Wichita McConnell Air Force Base Localizer Docket must be received on or before Runway 1L, August 21, 2003. The regulations adopted herein will (Lat. 37°38′32″ N., Long. 97°15′50″ W.) ADDRESSES: not have a substantial direct effect on Wichita Colonel James Jabara Airport, KS, Send comments on its the States, on the relationship between (Lat. 37°44′51″., long. 97°13′16″ W.) proposal to the Docket Management the national Government and the States, Augusta Municipal Airport, KS, System, U.S. Department of or on the distribution of power and (Lat. 37°40′18″ long. 97°04′40″ W.) Transportation, Room Plaza 401, 400 responsibilities among the various AUBRA Waypoint, Seventh Street, SW., Washington, DC levels of government. Therefore, it is (Lat. 37°55′14″ N., long. 97°11′13″ W.) 20590–0001. You must identify the determined that this final rule does not The airspace extending upward from 700 docket number FAA–2003–15455/ have federalism implications under feet above the surface within a 7.2-mile Airspace Docket No. 03–ACE–53, at the Executive Order 13132. radius of Wichita Mid-Continent Airport and beginning of your comments. You may The FAA has determined that this within 4 miles west east of the Mid- also submit comments on the Internet at regulation is noncontroversial and Continent Airport ILS localizer course to http://dms/dot.gov. You may review the runway 1L extending from the airport to 13 unlikely to result in adverse or negative miles south of the airport and to 7.4 miles public docket containing the proposal, comments. For the reasons discussed in north of the airport and within a 7.0 mile any comments received, and any final the preamble, I certify this regulation (1) radius of the McConnell Air force Base (AFB) disposition in person in the Dockets is not a ‘‘significant regulatory action’’ and within 1.8 miles each side of the Office between 9 a.m. and 5 p.m., under Executive Order 12866; (2) is not McConnell AFB ILS runway 1L localizer Monday through Friday, except Federal

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holidays. The Docket Office (telephone period, an adverse or negative comment, Adoption of the Amendment 1–800–647–5527) is on the plaza level or written notice of intent to submit ■ Accordingly, the Federal Aviation of the Department of Transportation such a comment, a document Administration amends 14 CFR part 71 NASSIF Building at the above address. withdrawing the direct final rule will be as follows: FOR FURTHER INFORMATION CONTACT: published in the Federal Register, and Kathy Randolph, Air Traffic Division, a notice of proposed rulemaking may be PART 71—DESIGNATION OF CLASS A, Airspace Branch, ACE–520C, DOT published with a new comment period. CLASS B, CLASS C, CLASS D, AND Municipal Headquarters Building, Comments Invited CLASS E AIRSPACE AREAS; Federal Aviation Administration, 901 AIRWAYS; ROUTES; AND REPORTING Locust, Kansas City, MO 64106; Interested parties are invited to POINTS telephone: (816) 329–2525. participate in this rulemaking by ■ 1. The authority citation for part 71 SUPPLEMENTARY INFORMATION: This submitting such written data, views, or continues to read as follows: amendment to 14 CFR 71 modifies the arguments, as they may desire. Class E airspace area extending upward Comments that provide the factual basis Authority: 49 U.S.C. 106(g), 40103, 40113, from 700 feet above the surface of the supporting the views and suggestions 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– earth at Sioux Center, IA. An presented are particularly helpful in 1963 Comp., p. 389. developing reasoned regulatory examination of controlled airspace for § 71.1 [Amended] decisions on the proposal. Comments Sioux Center, IA revealed discrepancies ■ in the Sioux Center Municipal Airport are specifically invited on the overall 2. The incorporation by reference in 14 airport reference point, computation of regulatory, aeronautical, economic, CFR 71.1 of Federal Aviation required controlled airspace and environmental, and energy-related Administration Order 7400.9K, dated appropriate application of magnetic aspects of the proposal. August 30, 2003, and effective variation. This amendment incorporates Communications should identify both September 16, 2002, is amended as the revised Sioux Center Municipal docket numbers and be submitted in follows: Airport airport reference point, triplicate to the address listed above. * * * * * Commenters wishing the FAA to redefines Class E airspace around Sioux Paragraph 6005 Class E airspace areas Center Municipal Airport at the 6.5-mile acknowledge receipt of their comment extending upward from 700 feet or more radius versus the 6-mile radius, applies on this notice must submit with those above the surface of the earth. comments a self-addressed, stamped the appropriate magnetic variation to * * * * * the Class E airspace extension and postcard on which the following brings the legal description of the Sioux statement is made: ‘‘Comments to ACE IA E5 Sioux Center, IA. Center, IA Class E airspace area into Docket No. FA–2003–15455/Airspace Sioux Center Municipal Airport, IA ° ′ ″ ° ′ ″ compliance with FAA Order 7400.2E, Docket No. 03–ACE–53.’’ The postcard (Lat. 43 08 04 N., long. 96 11 15 W.) Procedures for Handling Airspace will be date/time stamped and returned Sioux Center NDB, (Lat. 43°07′59″ N., long. 96°11′23″ W.) Matters. This area will be depicted on to the commenter. appropriate aeronautical charts. Class E That airspace extending upward from 700 Agency Findings feet above the surface within a 6.5-mile airspace areas extending upward from radius of Sioux Center Municipal Airport and 700 feet or more above the surface on The regulation adopted herein will ° not have a substantial direct effect on within 2.6 miles each side of the 005 bearing the earth are published in paragraph from the Sioux Center NDB extending from 6005 of FAA Order 7400.9K, dated the States, on the relationship between the 6.5-mile radius to 7.4 miles north of the August 30, 2002, and effective the national Government and the States, airport. September 16, 2002, which is or on the distribution of power and * * * * * incorporated by reference in 14 CFR responsibilities among the various levels of government. Therefore, it is Issued in Kansas City, MO, on June 30, 71.1. The Class E airspace designation 2003. listed in this document will be determined that this final rule does not Herman J. Lyons, Jr., published subsequently in the Order. have federalism implications under Executive Order 13132. Manager, Air Traffic Division, Central Region. The Direct Final Rule Procedure The FAA has determined that this [FR Doc. 03–17765 Filed 7–14–03; 8:45 am] The FAA anticipates that this regulation is noncontroversial and BILLING CODE 4910–13–M regulation will not result in adverse or unlikely to result in adverse or negative negative comment and, therefore, is comments. For the reasons discussed in issuing it as a direct final rule. Previous the preamble, I certify that this DEPARTMENT OF TRANSPORTATION actions of this nature have not been regulation (1) is not a ‘‘significant Federal Aviation Administration controversial and have not resulted in regulatory action’’ Under Executive adverse comments or objections. Unless Order 12866; (2) is not a ‘‘significant 14 CFR Part 71 a written adverse or negative comment, rule’’ under Department of or a written notice of intent to submit Transportation (DOT) Regulatory [Docket No. FAA–2003–15077; Airspace an adverse or negative comment is Policies and Procedures (44 FR 11034, Docket No. 03–ACE–45] received within the comment period, February 26, 1979); and (3) if the regulation will become effective on promulgated, will not have a significant Modification of Class E Airspace; the date specified above. After the close economic impact, positive or negative, Pocahontas, IA of the comment period, the FAA will on a substantial number of small entities AGENCY: Federal Aviation publish a document in the Federal under the criteria of the Regulatory Administration (FAA), DOT. Register indicating that no adverse or Flexibility Act. ACTION: Direct final rule; request for negative comments were received and List of Subjects in 14 CFR Part 71 comments; correction. confirming the date on which the final rule will become effective. If the FAA Airspace, Incorporation by reference, SUMMARY: This action corrects a direct does receive, within the comment Navigation (air). final rule; request for comments that

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was published in the Federal Register DEPARTMENT OF TRANSPORTATION revealed discrepancies in the Vinton on Friday, May 23, 2003, (68 FR 28121) Veterans Memorial Airpark airport [FR Doc. 03–13047]. It corrects an error Federal Aviation Administration reference point used in the legal in the dimension and legal description description for this airspace area. This of the Pocahontas, IA Class E airspace 14 CFR Part 71 amendment incorporates the revised area. [Docket No. FAA–2003–15456; Airspace Vinton Veterans Memorial Airpark Docket No. 03–ACE–54] airport reference point and brings the DATES: This direct final rule is effective legal description of the Vinton, IA Class on 0901 UTC, September 4, 2003. Modification of Class E Airspace; E airspace area into compliance with FOR FURTHER INFORMATION CONTACT: Vinton, IA FAA Order 7400.2E, Procedures for Kathy Randolph, Air Traffic Division, Handling Airspace Matters. This area AGENCY: Federal Aviation will be depicted on appropriate Airspace Branch, ACE–520C, DOT Administration (FAA), DOT. aeronautical charts. Class E airspace Regional Headquarters Building, Federal ACTION: Direct final rule; request for areas extending upward from 700 feet or Aviation Administration, 901 Locust, comments. more above the surface of the earth are Kansas City, MO 64106; telephone: published in paragraph 6005 of FAA (816) 329–2525. SUMMARY: This action modifies Class E Order 7400.9K, dated August 30, 2002, airspace at Vinton, IA. An examination SUPPLEMENTARY INFORMATION: and effective September 16, 2002, which of controlled airspace for Vinton, IA is incorporated by reference in 14 CFR History revealed discrepancies in the Vinton 71.1. The Class E airspace designation Veterans Memorial Airpark airport listed in this document will be Federal Register document 03–13047, reference point used in the legal published subsequently in the Order. published on Friday, May 23, 2003, (68 description for the Vinton, IA Class E FR 28121) modified Class E airspace at airspace area. This action corrects the The Direct Final Rule Procedure Pocahontas, IA. The modification was to discrepancies by modifying the Vinton, The FAA anticipates that this correct the Pocahontas Municipal IA Class E airspace area. It also regulation will not result in adverse or Airport, IA airport reference point used incorporates the revised Vinton negative comment and, therefore, is in the legal description of the Veterans Memorial Airpark airport issuing it as a direct final rule. Previous Pocahontas, IA Class E airspace area and reference point in the Class E airspace actions of this nature have not been to bring the airspace area into legal description. controversial and have not resulted in compliance with FAA Order 7400.2E, DATES: This direct final rule is effective adverse comments or objections. Unless Procedures for handling Airspace on 0901 UTC, October 30, 2003. a written adverse or negative comment, Matters. The information published, Comments for inclusion in the Rules or a written notice of intent to submit however, did not correct a previous Docket must be received on or before an adverse or negative comment is error in the volume of Class E airspace August 21, 2003. received within the comment period, necessary at Pocahontas, IA and did not ADDRESSES: Send comments on this the regulation will become effective on the date specified above. After the close bring the airspace area into compliance proposal to the Docket Management of the comment period, the FAA will with the order. This action rectifies the System, U.S. Department of publish a document in the Federal oversight and does bring the Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC Register indicating that no adverse or Pocahontas, IA Class E airspace into negative comments were received and compliance with FAA Order 7400.2E. 20590–0001. You must identify the docket number FAA–2003–15456/ confirming the date on which the final ■ Accordingly, pursuant to the authority Airspace Docket No. 03–ACE–54, at the rule will become effective. If the FAA delegated to me, the Pocahontas, IA Class beginning of your comments. You may does receive, within the comment E airspace, as published in the Federal also submit comments on the Internet at period, an adverse or negative comment, Register on Friday, May 23, 2003, (68 FR http://dms.dot.gov. You may review the or written notice of intent to submit 28121), [FR Doc. 03–13047] is corrected public docket containing the proposal, such a comment, a document as follows: any comments received, and any final withdrawing the direct final rule will be disposition in person in the Dockets published in the Federal Register, and § 71.1 [Corrected] Office between 9 a.m. and 5 p.m., a notice of proposed rulemaking may be published with a new comment period. ■ On page 28122, Column 1, last Monday through Friday, except Federal paragraph, second and fifth lines from holidays. The Docket Office (telephone Comments Invited bottom, change ‘‘6-mile radius’’ to read 1–800–647–5527) is on the plaza level Interested parties are invited to ‘‘6.4-mile radius.’’ of the Department of Transportation participate in this rulemaking by NASSIF Building at the above address. Issued in Kansas City, MO, on July 1, 2003. submitting such written data, views, or FOR FURTHER INFORMATION CONTACT: arguments, as they may desire. Herman J. Lyons, Jr., Kathy Randolph, Air Traffic Division, Comments that provide the factual basis Manager, Air Traffic Division, Central Region. Airspace Branch, ACE–520C, DOT supporting the views and suggestions [FR Doc. 03–17764 Filed 7–14–03; 8:45 am] Municipal Headquarters Building, presented are particularly helpful in BILLING CODE 4910–13–M Federal Aviation Administration, 901 developing reasoned regulatory Locust, Kansas City, MO 64106; decisions on the proposal. Comments telephone: (816) 329–2525. are specifically invited on the overall SUPPLEMENTARY INFORMATION: This regulatory, aeronautical, economic, amendment to 14 CFR 71 modifies the environmental, and energy-related Class E airspace area extending upward aspects of the proposal. from 700 feet above the surface of the Communications should identify both earth at Vinton, IA. An examination of docket numbers and be submitted in controlled airspace for Vinton, IA triplicate to the address listed above.

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Commenters wishing the FAA to Paragraph 6005 Class E airspace areas not bring the airspace area into acknowledge receipt of their comments extending upward from 700 feet or more compliance with the order. This action on this notice must submit with those above the surface of the earth. rectifies the oversight and does bring the comments a self-addressed, stamped * * * * * Sibley, IA Class E airspace into postcard on which the following ACE IA E5 Vinton, IA. compliance with FAA Order 7400.2E. statement is made: ‘‘Comments to ■ Vinton Veterans Memorial Airpark, IA Accordingly, pursuant to the authority Docket No. FAA–2003–15456/Airspace ° ′ ″ ° ′ ″ delegated to me, the Sibley, IA Class E Docket No. 03–ACE–54.’’ The postcard (Lat. 42 13 07 N., long. 92 01 33 W.) airspace, as published in the Federal will be date/time stamped and returned That airspace extending upward from 700 Register on Friday May 23, 2003, (68 FR to the commenter. feet above the surface within a 6.5-mile 28126), [FR Doc. 03–13040] is corrected radius of Vinton Veterans Memorial Airpark. as follows: Agency Findings * * * * * The regulations adopted herein will Issued in Kansas City, MO, on July 1, 2003. § 71.1 [Corrected] ■ not have a substantial direct effect on Herman J. Lyons, Jr., On page 28127, Column 1, second the States, on the relationship between Manager, Air Traffic Division, Central Region. paragraph, sixth and ninth lines after the national Government and the States, heading ‘‘ACE IA E5 Sibley, IA,’’ change [FR Doc. 03–17763 Filed 7–14–03; 8:45 am] or on the distributrion of power and ‘‘6-mile radius’’ to read ‘‘6.3-mile responsibilities among the various BILLING CODE 4910–13–M radius.’’ levels of government. Therefore, it is Issued in Kansas City, MO, on July 1, 2003. determined that this final rule does not DEPARTMENT OF TRANSPORTATION Herman J. Lyons, Jr., have federalism implications under Manager, Air Traffic Division, Central Region. Executive Order 13132. Federal Aviation Administration The FAA has determined that this [FR Doc. 03–17762 Filed 7–14–03; 8:45 am] regulation is noncontroversial and 14 CFR Part 71 BILLING CODE 4910–13–M unlikely to result in adverse or negative comments. For the reasons discussed in [Docket No. FAA–2003–15080; Airspace the preamble, I certify that this Docket No. 03–ACE–48] DEPARTMENT OF TRANSPORTATION regulation (1) is not a ‘‘significant Modification of Class E Airspace; Federal Aviation Administration regulatory action’’ under Executive Sibley, IA Order 12866; (2) is not a ‘‘significant 14 CFR Part 71 rule’’ under Department of AGENCY: Federal Aviation Transportation (DOT) Regulatory Administration (FAA), DOT. [Docket No. FAA–2003–15078; Airspace Docket No. 03–ACE–46] Policies and Procedures (44 FR 11034, ACTION: Direct final rule; request for February 26, 1979); and (3) if comments; correction. promulgated, will not have a significant Modification of Class E Airspace; Red economic impact, positive or negative, SUMMARY: This action corrects a direct Oak, IA on a substantial number of small entities final rule; request for comments that AGENCY: Federal Aviation under the criteria of the Regulatory was published in the Federal Register Administration (FAA), DOT. Flexibility Act. on Friday, May 23, 2003, (68 FR 28126) ACTION: Direct final rule; request for [FR Doc. 03–13040]. It corrects an error List of Subjects in 14 CFR Part 71 comments; correction. in the dimension and legal description Airspace, Incorporation by reference, of the Sibley, IA Class E airspace area. SUMMARY: This action corrects a direct Navigation (air). DATES: This direct final rule is effective final rule; request for comments that Adoption of the Amendment on 0901 UTC, September 4, 2003. was published in the Federal Register FOR FURTHER INFORMATION CONTACT: on Friday, May 23, 2003, (68 FR 28123) ■ Accordingly, the Federal Aviation Kathy Randolph, Air Traffic Division, [FR Doc. 03–13045]. It corrects an error Administration amends 14 CFR part 71 Airspace Branch, ACE–520C, DOT in the dimension and legal description as follows: Regional Headquarters Building, Federal of the Red Oak, IA Class E airspace area. PART 71—DESIGNATION OF CLASS A, Aviation Administration, 901 Locust, DATES: This direct final rule is effective CLASS B, CLASS C, CLASS D, AND Kansas City, MO 64106; telephone: on 0901 UTC, September 4, 2003. CLASS E AIRSPACE AREAS; (816) 329–2525. FOR FURTHER INFORMATION CONTACT: AIRWAYS; ROUTES; AND REPORTING SUPPLEMENTARY INFORMATION: Kathy Randolph, Air Traffic Division, POINTS Airspace Branch, ACE–520C, DOT History Regional Headquarters Building, Federal ■ 1. The authority citation for part 71 Federal Register Document 03–13040, Aviation Administration, 901 Locust, continues to read as follows: published on Friday, May 23, 2003, (68 Kansas City, MO 64106; telephone: Authority: 49 U.S.C. 106(g), 40103, 40113, FR 28126) modified Class E airspace at (816) 329–2525. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Sibley, IA. The modification was to SUPPLEMENTARY INFORMATION: 1963 Comp., p. 389. correct the Sibley Municipal Airport, IA History § 71.1 [Amended] airport reference point used in the legal description of the Sibley, IA Class E Federal Register Document 03–13045, ■ 2. The incorporation by reference in 14 airspace area and to bring the airspace published on Friday, May 23, 2003, (68 CFR 71.1 of Federal Aviation area into compliance with FAA Order FR 28123) modified Class E airspace at Administration Order 7400.9K, dated 7400.2E, Procedures for handling Red Oak, IA. The modification was to August 30, 2002, and effective Airspace Matters. The information correct the Red Oak Municipal Airport, September 16, 2002, is amended as published, however, did not correct a IA airport reference point used in the follows: previous error in the volume of Class E legal description of the Red Oak, IA * * * * * airspace necessary at Sibley, IA and did Class E airspace area and to bring the

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airspace area into compliance with FAA FR 28127) modified Class E airspace revocation procedures for supervised Order 7400.2E, Procedures for handling and Sac City, IA. The modification was releasees, and new provisions regarding Airspace Matters. The information to correct discrepancies in the Sac City the conditions of supervision and the published, however, did not correct a Municipal Airport, IA airport reference appeal of supervised release revocation previous error in the volume of Class E point and the location of the Sac City decisions. airspace necessary at Red Oak, IA and nondirectional radio beacon, both used With the promulgation of these did not bring the airspace area into in the legal description of the Sac City, amended interim rules for D.C. compliance with the order. This action IA Class E airspace area. These supervised releasees, the Commission is rectifies the oversight and does bring the corrections were to bring the airspace also making revisions to several rules Red Oak, IA Class E airspace into area into compliance with FAA Order for federal offenders and D.C. parolees compliance with FAA Order 7400.2E. 7400.2E, Procedures for handling in order to maintain consistent ■ Accordingly, pursuant to the authority Airspace Matters. The information procedures and reduce duplicative delegated to me, the Red Oak, IA Class published, however, did not correct a rules. The rule describing the E airspace, as published in the Federal previous error in the volume of Class E administrative appeal procedure for Register on Friday, May 23, 2003, (68 FR airspace necessary at Sac City, IA and federal offenders is revised to include 28123), [FR Doc. 03–13045] is corrected did not bring the airspace area into certain requirements regarding the as follows: compliance with the order. This action formatting of the appeal. The rectifies the oversight and does bring the Commission is also revising the rules § 71.1 [Corrected] Sac City, IA Class E airspace into describing the conditions of supervision ■ On page 28124, Column 3, second compliance with FAA Order 7400.2E. for federal and D.C. parolees in an effort paragraph, sixth and ninth lines after ■ Accordingly, pursuant to the authority to reduce duplicative rules and make heading ‘‘ACE IA E5 Red Oak, IA,’’ delegated to me, the Sac City, IA Class the conditions easier to read and change ‘‘6-mile radius’’ to read ‘‘6.4-mile E airspace, as published in the Federal understand. These amendments are also radius.’’ Register on Friday, May 23, 2003, (68 FR promulgated as interim rules. Issued in Kansas City, MO, on July 1, 2003. 28127), [FR Doc. 03–13039] is corrected The interim rules also contain a number of amendments to the citations Herman J. Lyons, Jr., as follows: to the District of Columbia Code made Manager, Air Traffic Division, Central Region. § 71.1 [Corrected] necessary as a result of a recodification [FR Doc. 03–17761 Filed 7–14–03; 8:45 am] ■ On page 28127, Column 1, sixth of D.C. criminal laws. BILLING CODE 4910–13–M paragraph, sixth and ninth lines after DATES: Effective Date: August 14, 2003. heading ‘‘ACE IA E5 Sac City, IA,’’ Comments must be received by change ‘‘6-mile radius’’ to read ‘‘6.4-mile November 12, 2003. DEPARTMENT OF TRANSPORTATION radius.’’ FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration Issued in Kansas City, MO, on July 1, 2003. Office of General Counsel, U.S. Parole Herman J. Lyons, Jr., Commission, 5550 Friendship Blvd, 14 CFR Part 71 Manager, Air Traffic Division, Central Region. Chevy Chase, Maryland 20815, [FR Doc. 03–17760 Filed 7–14–03; 8:45 am] telephone (301) 492–5959. Questions [Docket No. FAA–2003–15079; Airspace about this publication are welcome, but Docket No. 03–ACE–47] BILLING CODE 4910–13–M inquiries concerning individual cases Modification of Class E Airspace; Sac cannot be answered over the telephone. City, IA DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: In the National Capital Revitalization and Self- AGENCY: Federal Aviation Parole Commission Government Improvement Act of 1997, Administration (FAA), DOT. Pub.L. 105–33, Congress assigned to the ACTION: Direct final rule; request for 28 CFR Part 2 U.S. Parole Commission the task of comments; correction. carrying out supervised release terms Paroling, Recommitting, and imposed for D.C. felony offenders by the SUMMARY: This action corrects a direct Supervising Federal Prisoners: Superior Court of the District of final rule; request for comments that Prisoners Serving Sentences Under Columbia. D.C. Code 24–133(c)(2). The was published in the Federal Register the United States and District of Commission was given the same on Friday, May 23, 2003, (68 FR 28127) Columbia Codes authority over D.C. supervised releasees [FR Doc. 03–13039]. It corrects an error AGENCY: United States Parole as is exercised by U.S. District Courts in the dimension and legal description over federal supervised releasees under of the Sac City, IA Class E airspace area. Commission, Justice. ACTION: Interim rule with request for 18 U.S.C. 3583, except that any DATES: This direct final rule is effective comments. extension of a term of supervised release on 0901 UTC, September 4, 2003. imposed by the Superior Court must be FOR FURTHER INFORMATION CONTACT: SUMMARY: The U.S. Parole Commission ordered by the Superior Court, not the Kathy Randolph, Air Traffic Division, is amending interim rules on the Commission. Further, the Revitalization Airspace Branch, ACE–520C, DOT supervision of District of Columbia Act specifies that the procedures to be Regional Headquarters Building, Federal offenders who are serving terms of followed by the Commission in Aviation Administration, 901 Locust, supervised release imposed by the exercising its authority over D.C. Kansas City, MO 64106; telephone: Superior Court of the District of supervised releasees are the procedures (816) 329–2525. Columbia. This publication sets out all applicable to federal parolees under the SUPPLEMENTARY INFORMATION: of the Commission’s rules on D.C. Parole Commission and Reorganization supervised release cases, first Act of 1976, as set forth in Chapter 311 History promulgated as interim rules in of Title 18, United States Code. Federal Register Document 03–13039, November, 2000, and includes rules In November, 2000, the Commission published on Friday, May 23, 2003, (68 promulgated in January, 2003 on published interim rules governing its

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functions for D.C. supervised releasees crimes, the § 2.21 guidelines will ensure community, including a supervised and requested comments on the rules. decision-making consistency in prison release term imposed for another 65 FR 70466–78 (Nov. 24, 2000). Given term determinations. The Commission’s offense. the expected similarity between the statistics regarding decision-making With regard to the Commission’s parolee population and those D.C. under the § 2.21 guidelines for D.C. policies concerning an offender serving offenders to be placed on supervised parole violators since August, 2000 to multiple terms of supervised release, the release, for the most part the interim the present show that 80% of the cases amended interim rule retains the rules simply carried over rules received offense severity ratings of provision that the longest term imposed developed for parolees based on the Category Three or less, with 60% determines the duration of the Commission’s long experience with this receiving a rating of Category One. In Commission’s jurisdiction over such an offender population. Of course, the 63% of the cases, the violator received offender, and the policy that the Commission was required to promulgate a prison term of 24 months or less for multiple terms will be considered as rules that implemented any laws that the violation. Since the Commission aggregated. A decision to terminate the were unique to supervised releasees, in anticipates that D.C. supervised offender from supervision or to revoke particular the restrictions on the releasees, as a group, will be supervised release shall have the effect sanctions that may be imposed on substantially similar to D.C. offenders of terminating or revoking all terms of offenders whose supervised release on parole, there is no reason to believe supervised release being served by the terms were revoked. See 28 CFR 2.218– that these statistics will be markedly offender at the time of the Commission’s 2.219. different for D.C. supervised releasees. order. In imposing the sanctions that The Commission did make several The Commission is also maintaining result from revocation, the Commission policy choices in its interim rules for the general policy to impose, whenever shall treat the offender as if the supervised release revocation decisions possible, the maximum permissible Commission had revoked a single term and is continuing these policies in the term of supervised release for an of supervised release. The reason for amended interim rules. The offender as a consequence of the using this aggregation approach for Commission will continue to use the revocation of an earlier supervised imposing revocation sanctions is largely reparole guidelines at § 2.21 as the release term. 28 CFR 2.218(e). This one of administrative efficiency. Making appropriate standard for determining policy is based on the Commission’s separate calculations of terms of the length of a prison term for a judgment that, for most cases, a imprisonment and subsequent supervised release violator when the supervised release violator has, by Commission has revoked supervised virtue of committing violations serious supervised release for the revocation of release. The Commission has employed enough to justify revocation, thereby multiple supervised release terms, and these guidelines to make reparole evidenced the need for further then reducing these multiple decisions for D.C. parole violators supervision to the limits provided by calculations to an understandable because the regulations of the former law. revocation decision would be an D.C. Board of Parole provided no policy The amended interim rules also extremely difficult task. The amended guidance on reparole decisions. 63 FR clarify the Commission’s interpretation interim rule also clarifies that in 39175 (July 21, 1998). The guidelines at of a law governing the running of a calculating the original maximum § 2.21 represent the Commission’s supervised release term, how the authorized term of supervised release policy judgments as to the appropriate Commission will handle actions and the maximum authorized term of balancing of factors such as regarding multiple terms of supervised imprisonment at the first revocation, the accountability for the violation release, and the sequence of revocation Commission shall use as its guide the behavior, incapacitation, and deterrence proceedings for an offender serving sentence for the offense that is in determining prison term sanctions for concurrent terms of parole and punishable by the longest prison term criminal violations and other supervised release. The statutory authorized by the D.C. Code. The misconduct on supervision. interpretation concerns D.C. Code 24– Commission believes this interpretation In comparing the guideline ranges of 403.01(b)(5), which provides that a term of the statutory scheme best accords § 2.21 against the maximum prison of supervised release does not run with legislative intent because the terms allowed as a part of a supervised during any period of 30 days or more in sanctions authorized by statutory law release revocation decision under D.C. which the offender is imprisoned in for supervised release revocation are Code 24–403.01(b)(7) (incorporated in connection with a conviction for a dictated by the maximum statutory § 2.219 of the rules), it is apparent that federal, state, or local crime. The rule at penalty for the crime that led to the the minimum of the § 2.21 range will § 2.201 interprets this law to preclude original sentence. See D.C. Code 24– frequently exceed the maximum the running of a supervised release term 403.01(b)(7). Finally, with regard to the permissible term of imprisonment for a while the offender is serving a term of offender who is subject to revocation of violator who commits a serious crime imprisonment resulting from a parole and supervised release terms, the while under supervision. The amended probation, parole, or supervised release rule at § 2.211(g) clarifies that the interim rule addresses this issue by revocation on another sentence. The Commission has the discretion to revoke providing that, when the maximum offender’s imprisonment as a release both parole and supervised release at a authorized term of imprisonment under violator is clearly ‘‘in connection with a combined hearing or at separate § 2.219 is less than the minimum of the conviction’’ because the conviction on hearings, and may postpone the § 2.21 guideline range, the ‘‘guideline which the offender was granted sanction for revocation of one term until range’’ is the maximum authorized term probation, parole, or supervised release the offender satisfies the prison term of imprisonment, not the range found in is the ultimate source of authority for imposed as a revocation sanction § 2.21. This instruction is analogous to revoking the release and imprisoning regarding the other term. If the the directions found in the U.S. the offender. The rule at § 2.201 also Commission chooses to conduct Sentencing Guidelines, § 5G.1.1(a) and incorporates the provision at D.C. Code separate hearings, the first revocation § 7B1.4(b)(1). For the large number of 24–403.01(b)(5) that a term of hearing will resolve any contested release violators who commit supervised release runs concurrently violations so that the subsequent administrative violations or less serious with other terms of supervision in the hearing may be conducted on the same

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violation behavior as an institutional toward ensuring that the releasee is release revocations is an additional hearing without the need to require the adequately supervised in the administrative safeguard in the agency’s attendance of adverse or necessary community, and that the recipient of the effort to ensure error-free decision- witnesses. notice is sufficiently informed of the making in carrying out this new Since the publication of the interim releasee’s background so as not to place function. Second, the number of rules in November, 2000, the the releasee in a position that may supervised release revocations is still Commission promulgated rule changes increase the risk of future criminal small and providing an administrative to the Commission’s procedures for behavior by the releasee, or to take appeal procedure will not impose, at revoking paroles granted to D.C. suitable precautions in dealing with the least at this time, a significant burden offenders in order to implement a releasee. Another amendment to the on the Commissioners and staff consent decree resolving class action proposed rules restores a current reviewing the appeals. litigation in the U.S. District Court for reporting instruction for an offender By a cross-reference, the new rule at the District of Columbia. See 68 FR who is delayed by an emergency in § 2.220 carries over from the regulation 3389–92 (Jan. 24, 2003). Though making his initial visit to the at § 2.26, the deadlines for filing and supervised releasees were not members supervision office. The instruction from deciding the appeal, the limit on of the plaintiff class in the litigation, the the current rule—that the offender exhibits that may be appended to the Commission extended the revised report to the nearest U.S. Probation appeal, the grounds for appeal, and the procedures to supervised releasees Office if he cannot timely report to his voting requirements. The Commission is because the new rules represented the designated supervision office—is including in § 2.26 a new procedural most efficient revocation system and the retained to be consistent with written requirement on the formatting of the best means of protecting the public directions that are given to the offender appeal, and incorporates this safety. Id. at 3389. These revocation by the Bureau of Prisons upon the requirement in § 2.220 by the cross- procedures are included in the amended offender’s discharge from the reference to § 2.26. The new procedural interim rules. institution. Finally, another amendment requirement is that the appellant briefly Recently the Commission published implements statutory provisions on summarize at the beginning of his as proposed rules with request for mandatory revocation of a supervised appeal all of the grounds for appeal, and comment revisions of three regulations release term if the Commission finds then provide a concise statement of facts describing the conditions of supervision that the releasee has committed certain and reasons in support of each ground for federal parolees, D.C. parolees, and violations (e.g., possession of a firearm identified. The appellant may provide D.C. supervised releasees. 68 FR 16743– or repeated positive test results for drug any additional information in an 46 (Apr. 7, 2003). These proposed rules use). See 18 U.S.C. 3583(g). addendum to the appeal. Appeals that consolidated similar provisions for the The amended interim rules also add do not conform to this procedural three groups of offenders, using the rule an appeal procedure for supervised requirement may be returned in the governing conditions of supervised release revocation decisions at § 2.220. agency’s discretion. The purpose of this release as the rule for the full statement Up to now, the Commission has not requirement is to enhance the of applicable conditions, and then included an appeal procedure for any of Commission’s ability to readily identify placing cross-references to this rule in the decisions it makes for D.C. meritorious claims, and focus its effort the provisions for federal parolees and offenders. In past publications of in the most productive manner, for the D.C. parolees. Id. at 16744. The procedural rules for D.C. offenders, the benefit of the agency and the appellant. Commission is now adopting these rules Commission has acknowledged The Commission is preparing a revised on the release conditions as interim concerns that D.C. offenders have not appeal form that incorporates the new rules with changes that are mostly been given the opportunity to file format requirements and will distribute editorial in nature. administrative appeals regarding parole the revised form to federal correctional One amendment to the proposed rules release and parole revocation decisions. facilities and those organizations that adds a general condition that, upon See 65 FR 45886 (July 26, 2000). The have frequently filed administrative receiving a direction from the Commission has explained that it does appeals with the Commission in the supervision officer, the releasee must not have the staff resources to review past. notify a person, normally an employer, appeals submitted by D.C. offenders, The Commission would emphasize of a risk of harm that may be evidenced and that the additional review that is that the degree of review given to each by the releasee’s criminal record or afforded by the appeal procedure is appeal lies within the agency’s personal history, and permit the officer effectively obtained by having two discretion and depends on its to confirm that the releasee gave the Commissioners vote at the initial stage evaluation of the strength of the required notice. This condition also of decision-making. appellant’s claims as stated in the authorizes the supervision officer to However, the Commission has appeal. Because the purpose of the provide notice of possible risk to the decided that there are several reasons to appeal is to correct error rather than third party if the notification is establish an administrative appeal decide each case de novo, some appeals authorized by the Commission’s rules. procedure limited to supervised release will result in a summary denial, while The Commission already authorizes revocation decisions. First, though the others will deserve an in-depth review disclosure of risk of harm to persons in Commission has considerable on the merits. the rule at § 2.37(a) and companion experience in executing the similar Because the Commission is providing rules for D.C. parolees and supervised function of parole revocation, the this appeal procedure, the Commission releasees. The standard conditions of statutes governing supervised release is amending the voting requirements supervised release recommended for revocation decisions impose complex stated at § 2.218(g) for making the initial federal offenders includes a similar and unfamiliar limits when the decisions on supervised release condition. U.S. Sentencing Guidelines, Commission revokes supervised release revocation. The amendment allows § 5D1.3(c)(13). When the supervision and then must determine the length of these decisions to be made on the vote officer determines that a disclosure of a term of imprisonment and a of one Commissioner, except that two risk of harm is appropriate, this subsequent term of supervised release. Commissioner votes are needed for any additional condition is another step An appeal procedure for supervised decision disagreeing with the panel

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recommendation. Because appeals are that the releasee be required to wear a List of Subjects in 28 CFR Part 2 almost always decided by a GPS tracking or other electronic Administrative practice and Commissioner other than the signaling device. The Commission has procedure, Prisoners, Probation and Commissioner who initially made the generally allowed the supervision Parole. decision under review, if an offender agencies (the U.S. Probation Service and chooses to exercise the option of filing the D.C. Court Services and Offender The Interim Rule an appeal, the appeal procedure will Supervision Agency) to decide on the ■ Accordingly, the U.S. Parole permit the offender to obtain review of appropriate methods and technologies Commission is adopting the following the revocation decision by a second employed to monitor a releasee’s amendment to 28 CFR Part 2. Commissioner. The opportunity for compliance with release conditions, review of the case by a second whether the monitoring is done through PART 2—[AMENDED] Commissioner is an adequate substitute drug tests, mental health evaluations, or for the present voting requirement that electronic tracking devices. The ■ 1. The authority citation for 28 CFR two Commissioners concur for supervision agency, not the Part 2 continues to read as follows: supervised release revocation decisions. Commission, contracts for and pays for Authority: 18 U.S.C. 4203(a)(1) and This appeal procedure for supervised the use of the specific method or 4204(a)(6). release revocation decisions is in the technology. Therefore, no change is ■ 2. Amend § 2.26 by revising paragraph nature of a pilot project, as when the made in the amended interim rule (a) to read as follows: Commission inaugurated its paroling regarding the description of the special policy guidelines for federal offenders. condition on home confinement/ § 2.26 Appeal to National Appeals Board. See Battle v. Norton, 365 F.Supp. 925 electronic monitoring. (a)(1) A prisoner or parolee may (D.Conn. 1973). In this era of budget The Commission is including the submit to the National Appeals Board a constraints, the Commission will have rules on the release conditions in the written appeal of any decision to grant to periodically reevaluate its ability to publication of amended interim rules (other than a decision to grant parole on maintain this additional procedure, because the agency wants to publish a the date of parole eligibility), rescind, including the availability of sufficient comprehensive statement of the deny, or revoke parole, except that any staff and Commissioners to handle the supervised release rules, of which the appeal of a Commission decision appeals and the trends in federal and rule on conditions of supervised release pursuant to § 2.17 shall be submitted as D.C. caseloads. If the balance of is a significant part, and promulgating a petition for reconsideration under competing factors weighs against the this discrete rule and the companion § 2.27. continuation of the appeal procedure, provisions for federal and D.C. parolees (2) The appeal must be filed on a form the Commission will have to consider as final rules would be confusing to the provided for that purpose within 30 options that may range from enforcing public, in the Commission’s judgment. days from the date of entry of the explicit limitations on the grounds for Therefore, the Commission is extending decision that is the subject of the appeals to termination of the appeal the opportunity for public comment appeal. The appeal must include an procedure. regarding the consolidation and revision opening paragraph that briefly of rules on release conditions. Summary of Public Comment summarizes the grounds for the appeal. Implementation The appellant shall then list each In response to the Commission’s ground separately and concisely explain November, 2000 publication of the These interim rules will be applied to the reasons supporting each ground. interim rules for supervised release all cases as of the effective date of the Appeals that do not conform to the cases, the Commission received no rules. Appeals of supervised release above requirements may be returned at public comment. Though the revocation decisions will be permitted the Commission’s discretion, in which Commission could proceed to for any revocation decision made on or case the appellant shall have 30 days promulgate final rules on the exercise of after the effective date of the rules. The from the date the appeal is returned to its duties for D.C. supervised releasees, procedural rules on the format of submit an appeal that complies with the the Commission has decided to publish appeals are effective for any appeal above requirements. The appellant may amended interim rules at this time and dated on or after the effective date of the provide any additional information for extend the opportunity for the rules, but these rules will not be strictly the Commission to consider in an submission of public comment. Now enforced until a new appeal form is addendum to the appeal. Exhibits may that more D.C. offenders are serving available to prisoners, releasees, and be attached to an appeal, but the terms of supervised release and the their representatives. appellant should not attach exhibits that Commission is taking an increasing Regulatory Assessment Requirements are copies of documents already in the number of actions regarding these possession of the Commission. Any offenders, there may be more interest in The U.S. Parole Commission has exhibits that are copies of documents providing comment on the determined that this interim rule does already in the Commission’s files will Commission’s policies. not constitute a significant rule within not be retained by the Commission. With regard to proposed rules the meaning of Executive Order 12866. * * * * * published in April, 2003 on the The interim rule will not have a ■ 3. Revise § 2.40 to read as follows: consolidation and revision of release significant economic impact upon a conditions, the Commission received substantial number of small entities § 2.40 Conditions of release. one comment from a private company. within the meaning of the Regulatory (a) General conditions of release. (1) This company, which specializes in the Flexibility Act, 5 U.S.C. 605(b), and is The conditions set forth in § 2.204(a)(3)– development and implementation of deemed by the Commission to be a rule (6) apply for the reasons set forth in global positioning systems (GPS) for of agency practice that does not § 2.204(a)(1). These conditions are criminal justice applications, substantially affect the rights or printed on the certificate of release recommended that the Commission obligations of non-agency parties issued to each releasee. specify in its condition requiring home pursuant to Section 804(3)(c) of the (2)(i) The refusal of a prisoner who detention with electronic monitoring Congressional Review Act. has been granted a parole date to sign

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the certificate of release (or any other (g) Supervision officer guidance. The meanings given those terms by document necessary to fulfill a provisions of § 2.204(f) apply. § 2.204(g); condition of release) constitutes (h) Definitions. For purposes of this (2) The term releasee, as used in this withdrawal of that prisoner’s section— section and in § 2.204, means a person application for parole as of the date of (1) The terms supervision officer, convicted of an offense under the refusal. To be considered for parole domestic violence crime, approved District of Columbia Code who has been again, that prisoner must reapply for offender-rehabilitation program and released on parole or released through parole consideration. firearm, as used in § 2.204, have the good-time deduction; and (ii) A prisoner who is released to meanings given those terms by (3) The term certificate of release, as supervision through good-time § 2.204(g); used in this section and in § 2.204, deduction who refuses to sign the (2) The term releasee, as used in this means the certificate of parole or certificate of release is nevertheless section and in § 2.204 means a person mandatory release delivered to the bound by the conditions set forth in that convicted of a federal offense who has releasee under § 2.86. certificate. been released on parole or released ■ 5. Revise Subpart D to read as follows: (b) Special conditions of release. (1) through good-time deduction; and The Commission may impose a (3) The term certificate of release, as Subpart D—District of Columbia Supervised Releasees condition other than one of the general used in this section and § 2.204, means conditions of release if the Commission the certificate of parole or mandatory Sec. determines that such condition is release delivered to the prisoner under 2.200 Authority, jurisdiction, and functions necessary to protect the public from of the U.S. Parole Commission with § 2.29. respect to offenders serving terms of further crimes by the releasee and to ■ 4. Revise § 2.85 to read as follows: supervised release imposed by the provide adequate supervision of the § 2.85 Conditions of release. Superior Court of the District of releasee. Examples of special conditions Columbia. of release that the Commission (a) General conditions of release. (1) 2.201 Period of supervised release. frequently imposes are found at The conditions set forth in § 2.204(a)(3)- 2.202 Prerelease procedures. § 2.204(b)(2). (6) apply for the reasons set forth in 2.203 Certificate of supervised release. (2) If the Commission requires the § 2.204(a)(1). These conditions are 2.204 Conditions of supervised release. releasee’s participation in a drug- printed on the certificate of release 2.205 Confidentiality of supervised release treatment program, the releasee must issued to each releasee. records. submit to a drug test before release and (2)(i) The refusal of a prisoner who 2.206 Travel approval and transfers of to at least two other drug tests, as has been granted a parole date to sign supervision. 2.207 Supervision reports to Commission. determined by the supervision officer. A the certificate of release (or any other 2.208 Termination of a term of supervised decision not to impose this special document necessary to fulfill a release. condition, because available condition of release) constitutes 2.209 Order of termination. information indicates a low risk of withdrawal of that prisoner’s 2.210 Extension of term. future substance abuse by the releasee, application for parole as of the date of 2.211 Summons to appear or warrant for shall constitute good cause for refusal. To be considered for parole retaking releasee. suspension of the drug testing again, the prisoner must reapply for 2.212 Execution of warrant and service of requirements of 18 U.S.C. 4209(a). A parole consideration. summons. grant of parole or reparole is contingent (ii) A prisoner who is released to 2.213 Warrant placed as detainer and supervision through good-time dispositional review. upon the prisoner passing all pre-release 2.214 Probable cause hearing and drug tests administered by the Bureau of deduction who refuses to sign the determination. Prisons. certificate of release is nevertheless 2.215 Place of revocation hearing. (c) Changing conditions of release. bound by the conditions set forth in that 2.216 Revocation hearing procedure. The provisions of § 2.204(c) apply. certificate. 2.217 Issuance of subpoena for appearance (d) Appeal. A releasee may appeal (b) Special conditions of release. The of witnesses or production of documents. under § 2.26 an order to impose or Commission may impose a condition 2.218 Revocation decisions. modify a release condition not later than other than one of the general conditions 2.219 Maximum terms of imprisonment and 30 days after the date the condition is of release if the Commission determines supervised release. imposed or modified. that such condition is necessary to 2.220 Appeal. (e) Application of release conditions protect the public from further crimes Subpart D—District of Columbia to absconder. The provisions of by the releasee and provide adequate Supervised Releasees § 2.204(d) apply. supervision of the releasee. Examples of (f) Revocation for possession of a special conditions of release that the § 2.200 Authority, jurisdiction, and controlled substance. If the Commission Commission frequently imposes are functions of the U.S. Parole Commission finds after a revocation hearing that a found at § 2.204(b)(2). with respect to offenders serving terms of releasee, released after December 31, (c) Changing conditions of release. supervised release imposed by the Superior 1988, has possessed a controlled The provisions of § 2.204(c) apply. Court of the District of Columbia. substance, the Commission shall revoke (d) Application of release conditions (a) The U.S. Parole Commission has parole or mandatory release. If such a to absconder. The provisions of jurisdiction, pursuant to D.C. Code 24– releasee fails a drug test, the § 2.204(d) apply. 133(c)(2), over all offenders serving Commission shall consider appropriate (e) Supervision officer guidance. The terms of supervised release imposed by alternatives to revocation. The provisions of § 2.204(f) apply. the Superior Court of the District of Commission shall not revoke parole on (f) Definitions. For purposes of this Columbia under the Sentencing Reform the basis of a single, unconfirmed section— Emergency Amendment Act of 2000. positive drug test, if the releasee (1) The terms supervision officer, (b) The U.S. Parole Commission shall challenges the test result and there is no domestic violence crime, approved have and exercise the same authority other violation found by the offender-rehabilitation program and with respect to a term of supervised Commission to justify revocation. firearm, as used in § 2.204, have the release as is vested in the United States

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district courts by 18 U.S.C. 3583(d) release that the offender is serving at the release because of an emergency, the through (i), except that: time of the order. prisoner shall be instructed to report to (1) The procedures followed by the (3) If the Commission issues a warrant the nearest U.S. Probation Office and Commission in exercising that authority or summons for such an offender, or obey the instructions given by the duty shall be those set forth with respect to revokes supervised release for such an officer. offenders on federal parole at 18 U.S.C. offender, the Commission’s action shall 4209 through 4215 (Chapter 311 of 18 have the effect of commencing § 2.203 Certificate of supervised release. United States Code); and revocation proceedings on, or revoking, When an offender who has been (2) An extension of a term of all terms that the offender is serving at released from prison to serve a term of supervised release under subsection the time of the action. In revoking supervised release reports to the (e)(2) of 18 U.S.C. 3583 may only be supervised release the Commission shall supervision officer for the first time, the ordered by the Superior Court upon impose a term of imprisonment and a supervision officer shall deliver to the motion from the Commission. further term of supervised release as if releasee a certificate listing the (c) Within the District of Columbia, the Commission were revoking a single conditions of supervised release supervision of offenders on terms of term of supervised release. For the imposed by the Commission and shall supervised release under the purpose of calculating the maximum explain the conditions to the releasee. Commission’s jurisdiction is carried out authorized term of imprisonment at first by the Community Supervision Officers revocation and the original maximum § 2.204 Conditions of supervised release. of the Court Services and Offender authorized term of supervised release, (a)(1) General conditions of release Supervision Agency (CSOSA), pursuant the Commission shall use the unexpired and notice by certificate of release. The to D.C. Code 24–133(c)(2). Outside the supervised release term imposed for the conditions set forth in paragraphs (a)(3)- District of Columbia, supervision is offense punishable by the longest (6) of this section apply to every carried out by United States Probation maximum term of imprisonment. releasee and are necessary to protect the Officers pursuant to 18 U.S.C. 3655. For (4) If such an offender is released to public from further crimes by the the purpose of this subpart, any a further term of supervised release after releasee and to provide adequate reference to a ‘‘supervision officer’’ shall serving a prison term resulting from a supervision of the releasee. The include both a Community Supervision supervised release revocation, the certificate of release issued to each Officer of CSOSA and a United States Commission shall consider the offender releasee by the Commission notifies the Probation Officer in the case of a to be serving only the single term of releasee of these conditions. releasee who is under supervision supervised release ordered after (2) Effect of refusal to sign certificate outside the District of Columbia. revocation. of release. A releasee who refuses to § 2.201 Period of supervised release. § 2.202 Prerelease procedures. sign the certificate of release is (a) At least three months, but not nonetheless bound by the conditions set (a) A period of supervised release that forth in that certificate. is subject to the Commission’s more than six months, prior to the (3) Reporting arrival. The releasee jurisdiction begins to run on the day the release of a prisoner who has been shall go directly to the district named in offender is released from prison and sentenced to a term or terms of the certificate, appear in person at the continues to the expiration of the full supervised release by the Superior supervision office, and report the term imposed by the Superior Court, Court, the responsible prison officials releasee’s residence address to the unless early termination is granted by shall have the prisoner’s release plan supervision officer. If the releasee is the Commission. forwarded to CSOSA (or to the (b) A term of supervised release shall appropriate U.S. Probation Office) for unable to appear in person at that office run concurrently with any federal, state, investigation. If the supervision officer within 72 hours of release because of an or local term of probation, parole or believes that any special condition of emergency, the releasee shall report to supervised release for another offense, supervised release should be imposed the nearest U.S. Probation Office and but does not run while the offender is prior to the release of the prisoner, the obey the instructions given by the duty imprisoned in connection with a officer shall forward a request for such officer. A releasee who is initially conviction for a federal, state, or local condition to the Commission. The released to the physical custody of crime (including a term of Commission may, upon such request or another authority shall follow the imprisonment resulting from a of its own accord, impose any special procedures described in this paragraph probation, parole, or supervised release condition in addition to the standard upon release from the custody of the revocation) unless the period of conditions specified in § 2.204, which other authority. imprisonment is less than 30 days. Such shall take effect on the day the prisoner (4) Providing information to and interruption of the term of supervised is released. cooperating with the supervision officer. release is required by D.C. Code 24– (b) Upon the release of the prisoner, (i) The releasee shall, between the 403.01(b)(5), and is not dependent upon the responsible prison officials shall first and third day of each month, make the issuance of a warrant or an order of instruct the prisoner, in writing, to a written report to the supervision revocation by the Commission. report to the assigned supervision office officer on a form provided for that (c) (1) For an offender serving within 72 hours, and shall inform the purpose. The releasee shall also report multiple terms of supervised release prisoner that failure to report on time to the supervision officer at such times imposed by the Superior Court, the shall constitute a violation of supervised and in such a manner as that officer duration of the Commission’s release. If the prisoner is released to the directs and shall provide such jurisdiction over the offender shall be custody of other authorities, the information as the supervision officer governed by the longest term imposed. prisoner shall be instructed to report to requests. All information that a releasee (2) If the Commission terminates such the supervision office within 72 hours provides to the supervision officer shall an offender from supervision on the after his release from the physical be complete and truthful. longest term imposed, this order shall custody of such authorities. If the (ii) The releasee shall notify the have the effect of terminating the prisoner is unable to report to the supervision officer within two days of offender from all terms of supervised supervision office within 72 hours of an arrest or questioning by a law-

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enforcement officer, a change in place of the supervision officer, attend an monitored by telephone or electronic residence, or a change in employment. approved offender-rehabilitation signaling devices; and (iii) The releasee shall permit the program if such a program is readily (iv) That the releasee permit a supervision officer to visit the releasee’s available within a 50-mile radius of the supervision officer to conduct a search residence and workplace. releasee’s residence. of the releasee’s person, or of any (iv) The releasee shall permit the (iv) The releasee shall comply with building, vehicle, or other area under supervision officer to confiscate any any applicable sex-offender reporting the control of the releasee, at such time material that the supervision officer and registration law. as that supervision officer shall decide, believes may constitute contraband and (v) The releasee shall provide a DNA and to seize contraband found thereon that is in plain view in the releasee’s sample, as directed by the supervision or therein. possession, including in the releasee’s officer, if collection of such sample is (3) If the Commission requires the residence, workplace, or vehicle. authorized by the DNA Analysis releasee’s participation in a drug- (v) The releasee shall submit to a drug Backlog Elimination Act of 2000. treatment program, the releasee must or alcohol test whenever ordered to do (vi) If the releasee is supervised by the submit to a drug test within 15 days of so by the supervision officer. District of Columbia Court Services and release and to at least two other drug (5) Prohibited conduct. (i) The Offender Supervision Agency, the tests, as determined by the supervision releasee shall not violate any law and releasee shall submit to the sanctions officer. A decision not to impose this shall not associate with a person who is imposed by the supervision officer special condition, because available violating any law. within the limits established by an information indicates a low risk of (ii) The releasee shall not possess a approved schedule of graduated future substance abuse by the releasee, firearm, other dangerous weapon, or sanctions if the supervision officer finds shall constitute good cause for ammunition. that the releasee has tested positive for suspension of the drug testing (iii) The releasee shall not drink illegal drugs or has committed a requirements of 18 U.S.C. 3583(d). alcoholic beverages to excess and shall noncriminal violation of the conditions (c) Changing conditions of release. (1) not illegally buy, possess, use, or of release. Notwithstanding the The Commission may at any time administer a controlled substance. The imposition of a graduated sanction, if modify or add to the conditions of releasee shall not frequent a place where the Commission believes the releasee is release if the Commission determines a controlled substance is illegally sold, a risk to the public safety, or is not that such modification or addition is dispensed, used, or given away. complying in good faith with the necessary to protect the public from (iv) The releasee shall not leave the sanction imposed, the Commission may further crimes by the releasee and geographic limits set by the certificate of commence revocation proceedings on provide adequate supervision of the release without written permission from the alleged violation(s) upon which the releasee. the supervision officer. graduated sanction was based. (2)(i) Except as provided in paragraph (v) The releasee shall not associate (vii) As directed by the supervision (c)(2)(ii) of this section, before the with a person who has a criminal record officer, the releasee shall notify a person Commission orders a change of without permission from the of a risk of harm that may be determined condition, the releasee shall be notified supervision officer. from a review of the releasee’s criminal of the proposed modification or (vi) The releasee shall not enter into record or personal history and addition and, unless waived, shall have an agreement to act as an informer or characteristics. In addition, the 10 days from receipt of such notification special agent for a law-enforcement supervision officer is authorized to to comment on the proposed agency without the prior approval of the make such notifications as are permitted modification or addition. Following that Commission. by the Commission’s rules, and to 10-day period, the Commission shall (6) Additional conditions. (i) The confirm the releasee’s compliance with have 21 days, exclusive of holidays, to releasee shall make a diligent effort to any notification directive. (b)(1) Special determine whether to order such work regularly, unless excused by the conditions of release. The Commission modification or addition to the supervision officer, and to support any may impose a condition other than a conditions of release. legal dependent. The releasee shall condition set forth in paragraphs (a)(3)– (ii) The 10-day notice requirement of participate in an employment readiness (6) of this section if the Commission paragraph (c)(2)(i) of this section does program if so directed by the determines that such condition is not apply to a change of condition that supervision officer. necessary to protect the public from results from a revocation hearing for the (ii) The releasee shall make a diligent further crimes by the releasee and releasee, a determination that the effort to satisfy any fine, restitution provide adequate supervision of the modification or addition must be order, court costs or assessment, or releasee. ordered immediately to prevent harm to court-ordered child support or alimony (2) The following are examples of the releasee or to the public, or a request payment to which the releasee is special conditions frequently imposed from the releasee. subject. The releasee shall provide by the Commission— (d) Application of release conditions financial information relevant to the (i) That the releasee reside in or to absconder. A releasee who absconds payment of such a financial obligation participate in the program of a from supervision prevents the term of that is requested by the supervision community corrections center, or both, supervision from expiring and the officer. If unable to pay such a financial for all or part of the period of running of the term is tolled during the obligation in one sum, the releasee shall supervision; time that the releasee is an absconder. cooperate with the supervision officer to (ii) That the releasee participate in a A releasee who absconds from establish an installment-payment drug-or alcohol-treatment program, and supervision remains bound by the schedule. abstain from all use of alcohol and other conditions of release, even after the date (iii) If the term of supervision results intoxicants; that the term of supervision originally from a conviction for a domestic (iii) That, as an alternative to was scheduled to expire. The violence crime, and such conviction is incarceration, the releasee remain at Commission may revoke the term of the releasee’s first conviction for such a home during nonworking hours and supervision based on a violation of a crime, the releasee shall, as directed by have compliance with this condition release condition committed by such a

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releasee before the expiration of the § 2.205 Confidentiality of supervised supervision with the permission of the term of supervision, as extended by the release records. supervision offices of both the period of absconding. (a) Consistent with the Privacy Act of transferring and receiving district, (e) Revocation for certain violations of 1974 (5 U.S.C 552a(b)), the contents of provided such transfer is not contrary to release conditions. If the Commission supervised release records shall be instructions from the Commission. finds after a revocation hearing that a confidential and shall not be disclosed outside the Commission and CSOSA (or § 2.207 Supervision reports to releasee has possessed a controlled Commission. substance, refused to comply with drug the U.S. Probation Office) except as A regular supervision report shall be testing, possessed a firearm, or tested provided in paragraphs (b) and (c) of submitted to the Commission by the positive for illegal controlled substances this section. supervision officer after the completion more than three times over the course of (b) Information pertaining to a of 12 months of continuous community one year, the Commission shall revoke releasee may be disclosed to the general supervision and annually thereafter. the term of supervision and impose a public, without the consent of the The supervision officer shall submit term of imprisonment as provided at releasee, as authorized by § 2.37. (c) Information other than as such additional reports and information § 2.218. If the releasee fails a drug test, described in § 2.37 may be disclosed concerning both the releasee, and the the Commission shall consider without the consent of the releasee only enforcement of the conditions of appropriate alternatives to revocation. pursuant to the provisions of the supervised release, as the Commission (f) Supervision officer guidance. The Privacy Act of 1974 (5 U.S.C. 552a(b)) may direct. All reports shall be Commission expects a releasee to and the implementing rules of the submitted according to the format understand the conditions of release Commission or CSOSA, as applicable. established by the Commission. according to the plain meaning of those conditions and to seek the guidance of § 2.206 Travel approval and transfers of § 2.208 Termination of a term of the supervision officer before engaging supervision. supervised release. in conduct that may violate a condition (a) A releasee’s supervision officer (a) The Commission, in its discretion, of release. The supervision officer may may approve travel outside the district may terminate a term of supervised instruct a releasee to refrain from of supervision without approval of the release and discharge the releasee from particular conduct, or take specific steps Commission in the following situations: further supervision at any time after the to avoid violating a condition of release, (1) Trips not to exceed thirty days for expiration of one year of supervised or to correct an existing violation of a family emergencies, vacations, and release, if the Commission is satisfied condition of release. The releasee’s similar personal reasons; that such action is warranted by the failure to obey a directive from the (2) Trips, not to exceed thirty days, to conduct of the releasee and the interest supervision officer to report on investigate reasonably certain of justice. compliance with such instructions may employment possibilities; and (b) Two years after release on be considered as a violation of the (3) Recurring travel across a district supervision, and at least annually condition described at paragraph boundary, not to exceed fifty miles thereafter, the Commission shall review (a)(4)(i) of this section. outside the district, for purpose of the status of each releasee to determine employment, shopping, or recreation. the need for continued supervision. In (g) Definitions. As used in this (b) Specific advance approval by the calculating such two-year period there section, the term— Commission is required for all foreign shall not be included any period of (1) Releasee means a person who has travel, employment requiring recurring been sentenced to a term of supervised travel more than fifty miles outside the release prior to the most recent release, release by the Superior Court of the district, and vacation travel outside the nor any period served in confinement District of Columbia; district of supervision exceeding thirty on any other sentence. A review shall (2) Supervision officer means a days. A request for such permission also be conducted whenever Community Supervision Officer of the shall be in writing and must termination of supervision is specially District of Columbia Court Services and demonstrate a substantial need for such recommended by the releasee’s Offender Supervision Agency or United travel. supervision officer. If the term of States Probation Officer; (c) A special condition imposed by supervised release imposed by the court is two years or less, termination of (3) Domestic violence crime has the the Commission prohibiting certain supervision shall be considered only if meaning given that term by 18 U.S.C. travel shall apply instead of any general specially recommended by the 3561, except that the term ‘‘court of the rules relating to travel as set forth in releasee’s supervision officer. United States’’ as used in that definition paragraph (a) of this section. (d) The district of supervision for a (c) In determining whether to grant shall be deemed to include the District early termination of supervision, the of Columbia Superior Court; releasee under the supervision of CSOSA shall be the District of Commission shall calculate for the (4) Approved offender-rehabilitation Columbia, except that for the purpose of releasee a Salient Factor Score under program means a program that has been travel permission under this section, the § 2.20, and shall apply the following approved by the District of Columbia district of supervision shall include the early termination guidelines, provided Court Services and Offender D.C. metropolitan area as defined in the that case-specific factors do not indicate Supervision Agency (or the United certificate of supervised release. a need for continued supervision: States Probation Office) in consultation (e) A supervised releasee who is (1) For a releasee classified in the very with a State Coalition Against Domestic under the jurisdiction of the good risk category and whose current Violence or other appropriate experts; Commission, and who is released or offense did not involve violence, (5) Certificate of release means the transferred to a district outside the termination of supervision may be certificate of supervised release District of Columbia, shall be supervised ordered after two continuous years of delivered to the releasee under § 2.203; by a U.S. Probation Officer pursuant to incident-free supervision in the and 18 U.S.C. 3655. community. (6) Firearm has the meaning given by (f) A supervised releasee may be (2) For a releasee classified in the very 18 U.S.C. 921. transferred to a new district of good risk category and whose current

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offense involved violence other than than indicated by a violent current (c) The provisions of this section shall high level violence, termination of offense or prior record. However, not apply to the Commission’s supervision may be ordered after three termination of supervision prior to the determination of an appropriate period continuous years of incident-free completion of two years of incident-free of further supervised release following supervision in the community. supervision will not be granted in any revocation of a term of supervised (3) For a releasee classified in the very case unless case-specific factors clearly release. good risk category and whose current indicate that continued supervision offense involved high level violence § 2.211 Summons to appear or warrant for would be counterproductive to the retaking releasee. (without death of victim resulting), releasee’s rehabilitation. termination of supervision may be (e) A releasee with a pending criminal (a) If a releasee is alleged to have ordered after four continuous years of charge who is otherwise eligible for an violated the conditions of his release, incident-free supervision in the early termination from supervision shall and satisfactory evidence thereof is community. not be discharged from supervision presented, a Commissioner may: (1) Issue a summons requiring the (4) For a releasee classified in other until the disposition of such charge is releasee to appear for a probable cause than the very good risk category, whose known. current offense did not involve violence, (f) Decisions on the early termination hearing or local revocation hearing; or (2) Issue a warrant for the and whose prior record includes not of a term of supervised release for an apprehension and return of the releasee more than one episode of felony offender sentenced under the YRA shall violence, termination of supervision to custody. be made under the provisions of this (b) A summons or warrant under may be ordered after three continuous section. If the Commission terminates paragraph (a) of this section may be years of incident-free supervision in the the term of supervised release before the issued or withdrawn only by a community. expiration of the term, the youth Commissioner. (5) For a releasee classified in other offender’s conviction is automatically (c) Any summons or warrant under than the very good risk category whose set aside and the Commission shall this section shall be issued as soon as current offense involved violence other issue a certificate setting aside the practicable after the alleged violation is than high level violence, or whose conviction. See D.C. Code 24–906(c), reported to the Commission, except current offense did not involve violence (d). The set-aside certificate shall be when delay is deemed necessary. but the releasee’s prior record includes issued in lieu of the certificate of Issuance of a summons or warrant may two or more episodes of felony violence, discharge described in § 2.209. be withheld until the frequency or termination of supervision may be § 2.209 Order of termination. seriousness of the violations, in the ordered after four continuous years of opinion of a Commissioner, requires When the Commission orders the incident-free supervision in the such issuance. In the case of any termination of a term of supervised community. releasee who is charged with a criminal (6) For releasees in the following release, it shall issue a certificate to the offense and who is awaiting disposition categories, release from supervision releasee granting the releasee a full of such charge, issuance of a summons prior to five years may be ordered only discharge from his term of supervised or warrant may be: upon a case-specific finding that, by release. The termination and discharge (1) Temporarily withheld; reason of age, infirmity, or other shall take effect only upon the actual (2) Issued by the Commission and compelling factors, the releasee is delivery of the certificate of discharge to held in abeyance; unlikely to be a threat to the public the releasee by the supervision officer, (3) Issued by the Commission and a safety: and may be rescinded for good cause at detainer lodged with the custodial (i) A releasee in other than the very any time prior to such delivery. authority; or good risk category whose current (4) Issued for the retaking of the § 2.210 Extension of term. offense involved high level violence; releasee. (ii) A releasee whose current offense (a) At any time during service of a (d) A summons or warrant may be involved high level violence with death term of supervised release, the issued only within the maximum term of victim resulting; and Commission may submit to the Superior or terms of the period of supervised (iii) A releasee who is a sex offender Court a motion to extend the term of release being served by the releasee, serving a term of supervised release that supervised release to the maximum term except as provided for an absconder exceeds five years. authorized by law, if less than the from supervision in § 2.204(i). A (7) The terms violence and high level maximum authorized term was summons or warrant shall be considered violence are defined in § 2.80. The term originally imposed. If the Superior issued when signed and either: incident-free supervision means that the Court grants the Commission’s motion (1) Placed in the mail; or releasee has had no reported violations, prior to the expiration of the term (2) Sent by electronic transmission to and has not been the subject of any originally imposed, the extension the appropriate law enforcement arrest or law enforcement investigation ordered by the court shall take effect authority. that raises a reasonable doubt as to upon issuance of the order. (e) The issuance of a warrant under whether the releasee has been able to (b) The Commission may submit the this section operates to bar the refrain from law violations while under motion for an extension of a term of expiration of the term of supervised supervision. supervised release if the Commission release. Such warrant maintains the (d) Except in the case of a releasee finds that the rehabilitation of the Commission’s jurisdiction to retake the covered by paragraph (c)(6) of this releasee or the protection of the public releasee either before or after the normal section, a decision to terminate from further crimes by the releasee is expiration date of the term, and for such supervision below the guidelines may likely to require a longer period of time as may be reasonably necessary for be made if it appears that the releasee supervision than the court originally the Commission to reach a final is a better risk than indicated by the contemplated. The Commission’s decision as to revocation of the term of salient factor score (if classified in other grounds for making such a finding shall supervised release. than the very good risk category), or is be stated in the motion filed with the (f) A summons or warrant issued a less serious risk to the public safety court. pursuant to this section shall be

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accompanied by a warrant application warrant application (or other notice (1) Withdraw the detainer and order (or other notice) stating: provided by the Commission) reinstatement of the prisoner to (1) The charges against the releasee; containing the information described in supervision upon release from custody; (2) The specific reports and other § 2.211(f). (2) Order a dispositional revocation documents upon which the Commission (c) If execution of the warrant is hearing to be conducted at the intends to rely in determining whether delayed pending disposition of local institution in which the prisoner is a violation of supervised release has charges, for further investigation, or for confined; or occurred and whether to revoke some other purpose, the releasee is to be (3) Let the detainer stand until the supervised release; continued under supervision by the new sentence is completed. Following (3) Notice of the Commission’s intent, supervision officer until the normal the execution of the Commission’s if the releasee is arrested within the expiration of the sentence, or until the warrant, and the transfer of the prisoner District of Columbia, to hold a probable warrant is executed, whichever first to an appropriate federal facility, an cause hearing within five days of the occurs. Monthly supervision reports are institutional revocation hearing shall be releasee’s arrest; to be submitted, and the releasee must conducted. (c) Dispositional revocation hearings (4) A statement of the purpose of the continue to abide by all the conditions pursuant to this section shall be probable cause hearing; of release. (5) The days of the week on which the conducted in accordance with the Commission regularly holds its dockets (d) If any other warrant for the arrest provisions at § 2.216 governing of probable cause hearings at the Central of the releasee has been executed or is institutional revocation hearings. A Detention Facility; outstanding at the time the hearing conducted at a state or local (6) The releasee’s procedural rights in Commission’s warrant is executed, the facility may be conducted either by a the revocation process; and arresting officer may, within 72 hours of hearing examiner or by any federal, (7) The possible actions that the executing the Commission’s warrant, state, or local official designated by a Commission may take. release the arrestee to such other Commissioner. Following a revocation (g) In the case of an offender who is warrant and lodge the Commission’s hearing conducted pursuant to this serving concurrent terms of parole and warrant as a detainer, voiding the section, the Commission may take any supervised release under the execution thereof, provided such action action authorized by §§ 2.218 and 2.219. Commission’s jurisdiction, the is consistent with the instructions of the (d) The date the violation term Commission may take any action Commission. In other cases, the arrestee commences is the date the permitted by this section on the basis of may be released from an executed Commission’s warrant is executed. A one or more of the terms (e.g., the warrant whenever the Commission finds releasee’s violation term (i.e., the term of Commission may issue warrants on both such action necessary to serve the ends imprisonment and/or further term of terms, and order that the first warrant of justice. supervised release that the Commission should be executed, and that the second (e) A summons to appear at a probable may require the releasee to serve after warrant should be placed as a detainer cause hearing or revocation hearing revocation) shall start to run only upon and executed only when the offender is shall be served upon the releasee in the offender’s release from the released from the prison term that person by delivering to the releasee a confinement portion of the intervening begins with the execution of the first copy of the summons and the sentence. warrant). The Commission may conduct application therefor. Service shall be (e) An offender whose supervised separate revocation hearings, or made by any Federal or District of release is revoked shall be given credit consider all parole and supervised Columbia officer authorized to serve for all time in confinement resulting release violation charges in one criminal process and certification of from any new offense or violation that combined hearing and make such service shall be returned to the is considered by the Commission as a dispositions on the parole and Commission. basis for revocation, but solely for the supervised release terms. If the (f) Official notification of the issuance purpose of satisfying the time ranges in Commission conducts separate of a Commission warrant shall authorize the reparole guidelines at § 2.21. The revocation hearings and revokes parole any law enforcement officer within the computation of the offender’s sentence, or supervised release at the first hearing, United States to hold the releasee in and the forfeiture of time on supervised the Commission may conduct the custody until the warrant can be release, are not affected by such subsequent hearing on the same executed in accordance with paragraph guideline credit. violation behavior as an institutional (a) of this section. hearing. § 2.214 Probable cause hearing and determination. § 2.213 Warrant placed as detainer and § 2.212 Execution of warrant and service dispositional review. (a) Hearing. A supervised releasee of summons. who is retaken and held in custody in (a) Any officer of any Federal or (a) When a releasee is a prisoner in the District of Columbia on a warrant District of Columbia correctional the custody of other law enforcement issued by the Commission, and who has institution, any Federal Officer authorities, or is serving a new sentence not been convicted of a new crime, shall authorized to serve criminal process, or of imprisonment imposed for a crime (or be given a probable cause hearing by an any officer or designated civilian for a violation of some other form of examiner of the Commission no later employee of the Metropolitan Police community supervision) committed than five days from the date of such Department of the District of Columbia, while on supervised release, a violation retaking. A releasee who is retaken and to whom a warrant is delivered, shall warrant may be lodged against him as a held in custody outside the District of execute such warrant by taking the detainer. Columbia, but within the Washington releasee and returning him to the (b) The Commission shall review the D.C. metropolitan area, and who has not custody of the Attorney General. detainer upon the request of the been convicted of a new crime, shall be (b) Upon the arrest of the releasee, the prisoner pursuant to the procedure set given a probable cause hearing by an officer executing the warrant shall forth in § 2.47(a)(2). Following such examiner of the Commission within five deliver to the releasee a copy of the review, the Commission may: days of the releasee’s arrival at a facility

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where probable cause hearings are explain the allegations contained in the revocation hearing, the Commission will conducted. The purpose of a probable evidence giving rise to each charge. The request the Bureau of Prisons to cause hearing is to determine whether examiner shall also receive the designate the releasee to an appropriate there is probable cause to believe that statements of any witnesses and institution, and an institutional the releasee has violated the conditions documentary evidence that may be revocation hearing shall be scheduled of supervised release as charged, and if presented by the releasee. At a for a date that is within 90 days of the so, whether a local or institutional postponed probable cause hearing, the releasee’s retaking. revocation hearing should be examiner shall also permit the releasee (f) Digest of the probable cause conducted. If the examiner finds to confront and cross-examine any hearing. At the conclusion of the probable cause, the examiner shall adverse witnesses in attendance, unless probable cause hearing, the examiner schedule a final revocation hearing to be good cause is found for not allowing shall prepare a digest summarizing the held within 65 days of the releasee’s confrontation. Whenever a probable evidence presented at the hearing, the arrest. cause hearing is postponed to secure the responses of the releasee, and the (b) Notice and opportunity to appearance of adverse witnesses (or examiner’s findings as to probable postpone hearing. Prior to the counsel in the case of a probable cause cause. commencement of each docket of hearing conducted outside the District (g) Release notwithstanding probable probable cause hearings in the District of Columbia), the Commission will cause. Notwithstanding a finding of of Columbia, a list of the releasees who ordinarily order a combined probable probable cause, the Commission may are scheduled for probable cause cause and local revocation hearing as order the releasee’s reinstatement to hearings, together with a copy of the provided in paragraph (i) of this section. supervision or release pending further warrant application for each releasee, (d) Probable cause determination. At proceedings, if it determines that: shall be sent to the D.C. Public Defender the conclusion of the probable cause (1) Continuation of revocation Service. At or before the probable cause hearing, the examiner shall determine proceedings is not warranted despite the hearing, the releasee (or the releasee’s whether probable cause exists to believe finding of probable cause; or attorney) may submit a written request that the releasee has violated the (2) Incarceration pending further that the hearing be postponed for any conditions of release as charged, and revocation proceedings is not warranted period up to thirty days, and the shall so inform the releasee. The by the frequency or seriousness of the Commission shall ordinarily grant such examiner shall then take either of the alleged violation(s), and the releasee is requests. Prior to the commencement of following actions: neither likely to fail to appear for further the probable cause hearing, the (1) If the examiner determines that no proceedings, nor is a danger to himself examiner shall advise the releasee that probable cause exists for any violation or others. the releasee may accept representation charge, the examiner shall order that the (h) Conviction as probable cause. by the attorney from the D.C. Public releasee be released from the custody of Conviction of any crime committed Defender Service who is assigned to that the warrant and either reinstated to subsequent to the commencement of a docket, waive the assistance of an supervision, or discharged from term of supervised release shall attorney at the probable cause hearing, supervision if the term of supervised constitute probable cause for the or have the probable cause hearing release has expired. purposes of this section, and no postponed in order to obtain another (2) If the hearing examiner determines probable cause hearing shall be attorney and/or witnesses on his behalf. that probable cause exists on any conducted unless a hearing is needed to In addition, the releasee may request the violation charge, and the releasee has consider additional violation charges Commission to require the attendance of requested (and is eligible for) a local that may be determinative of the adverse witnesses (i.e., witnesses who revocation hearing in the District of Commission’s decision whether to have given information upon which Columbia as provided by § 2.215(a), the revoke supervised release. revocation may be based) at a postponed examiner shall schedule a local (i) Combined probable cause and probable cause hearing. Such adverse revocation hearing for a date that is local revocation hearing. A postponed witnesses may be required to attend within 65 days of the releasee’s arrest. probable cause hearing may be either a postponed probable cause After the probable cause hearing, the conducted as a combined probable hearing, or a combined postponed releasee (or the releasee’s attorney) may cause and local revocation hearing, probable cause and local revocation submit a written request for a provided such hearing is conducted hearing, provided the releasee meets the postponement. Such postponements within 65 days of the releasee’s arrest requirements of § 2.215(a) for a local will normally be granted if the request and the releasee has been notified that revocation hearing. The releasee shall is received no later than fifteen days the postponed probable cause hearing also be given notice of the time and before the date of the revocation will constitute the final revocation place of any postponed probable cause hearing. A request for a postponement hearing. The Commission’s policy is to hearing. that is received by the Commission less conduct a combined probable cause and (c) Review of the charges. At the than fifteen days before the scheduled local revocation hearing whenever beginning of the probable cause hearing, date of the revocation hearing will be adverse witnesses are required to appear the examiner shall ascertain that the granted only for a compelling reason. and give testimony with respect to notice required by § 2.212(b) has been The releasee (or the releasee’s attorney) contested charges. given to the releasee. The examiner may also request, in writing, a hearing (j) Late received charges. If the shall then review the violation charges date that is earlier than the date Commission is notified of an additional with the releasee and shall apprise the scheduled by the examiner, and the charge after probable cause has been releasee of the evidence that has been Commission will accommodate such found to proceed with a revocation submitted in support of the charges. The request if practicable. hearing, the Commission may: examiner shall ascertain whether the (e) Institutional revocation hearing. If (1) Remand the case for a releasee admits or denies each charge the releasee is not eligible for a local supplemental probable cause hearing to listed on the warrant application (or revocation hearing as provided by determine if the new charge is contested other notice of charges), and shall offer § 2.215(a), or has requested to be by the releasee and if witnesses must be the releasee an opportunity to rebut or transferred to an institution for his presented at the revocation hearing;

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(2) Notify the releasee that the cause finding under § 2.214(g), a good cause as described in paragraph (d) additional charge will be considered at releasee who is retaken on a warrant of this section. The adverse witnesses the revocation hearing without issued by the Commission shall remain who are present shall be made available conducting a supplemental probable in custody until a decision is made on for questioning and cross-examination cause hearing; or the revocation of the term of supervised in the presence of the alleged violator. (3) Determine that the new charge release. A releasee who has been given The Commission may also require the shall not be considered at the revocation a revocation hearing pursuant to the attendance of adverse witnesses on its hearing. issuance of a summons shall remain on own motion. supervision pending the decision of the (d) The Commission may excuse any § 2.215 Place of revocation hearing. Commission, unless the Commission requested adverse witness from (a) If the releasee requests a local has ordered otherwise. appearing at the hearing (or from revocation hearing, the releasee shall be (f) A local revocation hearing shall be appearing in the presence of the alleged given a revocation hearing reasonably held not later than 65 days from the violator) if the Commission finds good near the place of the alleged violation(s) retaking of the releasee on a supervised cause for so doing. A finding of good or arrest, with the opportunity to contest release violation warrant. An cause for the non-appearance of a the violation charges, if the following institutional revocation hearing shall be requested adverse witness may be conditions are met: held within 90 days of the retaking of based, for example, on a significant (1) The releasee has not been the releasee on a supervised release possibility of harm to the witness, or the convicted of a crime committed while violation warrant. If the releasee witness not being reasonably available under supervision; and requests and receives any when the Commission has documentary (2) The releasee denies all violation postponement, or consents to any evidence that is an adequate substitute charges. postponement, or by his actions for live testimony. (b) The releasee shall also be given a otherwise precludes the prompt (e) All evidence upon which a finding local revocation hearing if the releasee completion of revocation proceedings in of violation may be based shall be admits (or has been convicted of) one or his case, the above-stated time limits disclosed to the alleged violator before more charged violations, but denies at shall be correspondingly extended. the revocation hearing. Such evidence least one unadjudicated charge that may (g) A local revocation hearing may be shall include the community be determinative of the Commission’s conducted by a hearing examiner or by supervision officer’s letter summarizing decision regarding revocation or the any federal, state, or local official who the releasee’s adjustment to supervision length of any new term of is designated by a Commissioner to be and requesting the warrant, all other imprisonment, and the releasee requests the presiding hearing officer. An documents describing the charged the presence of one or more adverse institutional revocation hearing may be violation or violations, and any witnesses regarding that contested conducted by a hearing examiner. additional evidence upon which the charge. If the appearance of such Commission intends to rely in witnesses at the hearing is precluded by § 2.216 Revocation hearing procedure. determining whether the charged the Commission for good cause, a local (a) The purpose of the revocation violation or violations, if sustained, revocation hearing shall not be ordered. hearing shall be to determine whether would warrant revocation of supervised (c) If there are two or more contested the releasee has violated the conditions release. If the releasee is represented by charges, a local revocation hearing may of the term of supervised release, and, an attorney, the attorney shall be be conducted near the place of the if so, whether the term should be provided, prior to the revocation violation chiefly relied upon by the revoked or the releasee restored to hearing, with a copy of the releasee’s Commission as a basis for the issuance supervised release. presentence investigation report, if such of the warrant or summons. (b) At a local revocation hearing, the report is available to the Commission. If (d)(1) A releasee shall be given an alleged violator may present voluntary disclosure of any information would institutional revocation hearing upon witnesses and documentary evidence. reveal the identity of a confidential the releasee’s return or recommitment to The alleged violator may also request informant or result in harm to any an institution if the releasee: the Commission to compel the person, that information may be (i) Voluntarily waives the right to a attendance of any adverse witnesses for withheld from disclosure, in which case local revocation hearing; or cross-examination, and any other a summary of the withheld information (ii) Admits (or has been convicted of) relevant witnesses who have not shall be disclosed to the releasee prior one or more charged violations without volunteered to attend. At an to the revocation hearing. contesting any unadjudicated charge institutional revocation hearing, the (f) An alleged violator may be that may be determinative of the alleged violator may present voluntary represented by an attorney at either a Commission’s decision regarding witnesses and documentary evidence, local or an institutional revocation revocation and/or imposition of a new but may not request the Commission to hearing. In lieu of an attorney, an term of imprisonment. secure the attendance of any adverse or alleged violator may be represented at (2) An institutional revocation hearing favorable witness. At any hearing, the any revocation hearing by a person of may also be conducted in the District of presiding hearing officer may limit or his choice. However, the role of such Columbia jail or prison facility in which exclude any irrelevant or repetitious non-attorney representative shall be the releasee is being held. On his own statement or documentary evidence, and limited to offering a statement on the motion, a Commissioner may designate may prohibit the releasee from alleged violator’s behalf. Only licensed any case described in paragraph (d)(1) of contesting matters already adjudicated attorneys shall be permitted to question this section for a local revocation against him in other forums. witnesses, make objections, and hearing. The difference in procedures (c) At a local revocation hearing, the otherwise provide legal representation between a ‘‘local revocation hearing’’ Commission shall, on the request of the for supervised releasees, except in the and an ‘‘institutional revocation alleged violator, require the attendance case of law students appearing before hearing’’ is set forth in § 2.216(b). of any adverse witnesses who have the Commission as part of a court- (e) Unless the Commission orders given statements upon which revocation approved clinical practice program. release notwithstanding a probable may be based, subject to a finding of Such law students must be under the

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personal direction of a lawyer or law in lieu of, a personal appearance. The commence upon the issuance of the professor who is physically present at subpoena shall specify the time and the Commission’s order. Notwithstanding the hearing, and the examiner shall place at which the person named the above, if a releasee is serving ascertain that the releasee consents to therein is commanded to appear, and another term of imprisonment of 30 the procedure. shall specify any documents required to days or more in connection with a (g) At a local revocation hearing, the be produced. conviction for a federal, state, or local Commission shall secure the presence of (c) A subpoena may be served by any crime (including a term of the releasee’s community supervision Federal or District of Columbia officer imprisonment resulting from a officer, or a substitute community authorized to serve criminal process. probation, parole, or supervised release supervision officer who shall bring the The subpoena may be served at any revocation), a further term of supervised releasee’s supervision file if the place within the judicial district in release imposed by the Commission releasee’s community supervision which the place specified in the under this paragraph shall not officer is not available. At the request of subpoena is located, or any place where commence until that term of the hearing examiner, such officer shall the witness may be found. Service of a imprisonment has been served. provide testimony at the hearing subpoena upon a person named therein (c) A releasee whose term of concerning the releasee’s adjustment to shall be made by delivering a copy of supervised release is revoked by the supervision. the subpoena to such a person. Commission shall receive no credit for (h) After the revocation hearing, the (d) If a person refuses to obey such time spent on supervised release, hearing examiner shall prepare a subpoena, the Commission may petition including any time spent in summary of the hearing that includes a a court of the United States for the confinement on other sentences (or in a description of the evidence against the judicial district in which the revocation halfway house as a condition of releasee and the evidence submitted by proceeding is being conducted, or in supervised release) prior to the the releasee in defense or mitigation of which such person may be found, to execution of the Commission’s warrant. the charges, a summary of the require such person to appear, testify, or (d) The Commission’s decision arguments against revocation presented produce evidence. If the court issues an regarding the imposition of a term of by the releasee, and the examiner’s order requiring such person to appear imprisonment following revocation of recommended decision. The hearing before the Commission, failure to obey supervised release, and any further term examiner’s summary, together with the such an order is punishable as of supervised release, shall be made releasee’s file (including any contempt, as provided in 18 U.S.C. pursuant to the limitations set forth in documentary evidence and letters 4214(a)(2). § 2.219. Within those limitations, the submitted on behalf of the releasee), appropriate length of any term of shall be given to another examiner for § 2.218 Revocation decisions. imprisonment shall be determined by review. When two hearing examiners (a) Whenever a releasee is summoned reference to the guidelines at § 2.21. If concur in a recommended disposition, or retaken by the Commission, and the the term of imprisonment authorized that recommendation, together with the Commission finds by a preponderance under § 2.219 is less than the minimum releasee’s file and the hearing of the evidence that the releasee has of the appropriate guideline range examiner’s summary of the hearing, violated one or more conditions of determined under § 2.21, the term shall be submitted to the Commission supervised release, the Commission may authorized under § 2.219 shall be the for decision. take any of the following actions: guideline range. (1) Restore the releasee to supervision, (e) Whenever the Commission § 2.217 Issuance of subpoena for and where appropriate: imposes a term of imprisonment upon appearance of witnesses or production of (i) Reprimand the releasee; revocation of supervised release that is documents. (ii) Modify the releasee’s conditions of less than the authorized maximum term (a)(1) If any adverse witness (i.e., a release; of imprisonment, it shall be the person who has given information upon (iii) Refer the releasee to a residential Commission’s general policy to impose which revocation may be based) refuses, community corrections center for all or a further term of supervised release that upon request by the Commission, to part of the remainder of the term of is the maximum term of supervised appear at a probable cause hearing or supervised release; or release permitted by § 2.219. If the local revocation hearing, a (2) Revoke the term of supervised Commission imposes a new term of Commissioner may issue a subpoena for release. imprisonment that is equal to the the appearance of such witness. (b) If supervised release is revoked, maximum term of imprisonment (2) In addition, a Commissioner may, the Commission shall determine authorized by law (or in the case of a upon a showing by the releasee that a whether the releasee shall be returned to subsequent revocation, that uses up the witness whose testimony is necessary to prison to serve a new term of remainder of the maximum term of the proper disposition of his case will imprisonment, and the length of that imprisonment authorized by law), the not appear voluntarily at a local term, or whether a new term of Commission may not impose a further revocation hearing or provide an imprisonment shall be imposed but term of supervised release. adequate written statement of his limited to time served. If the (f) Where deemed appropriate, the testimony, issue a subpoena for the Commission imposes a new term of Commission may depart from the appearance of such witness at the imprisonment that is less than the guidelines at § 2.21 (with respect to the revocation hearing. applicable maximum term of imposition of a new term of (3) A subpoena may also be issued at imprisonment authorized by law, the imprisonment) in order to permit the the discretion of a Commissioner if an Commission shall also determine imposition of a further term of adverse witness is judged unlikely to whether to impose a further term of supervised release. appear as requested, or if the subpoena supervised release to commence after (g) Decisions under this section shall is deemed necessary for the orderly the new term of imprisonment has been be made upon the vote of one processing of the case. served. If the new term of imprisonment Commissioner, except that a decision to (b) A subpoena may require the is limited to time served, any further override an examiner panel production of documents as well as, or term of supervised release shall recommendation shall require the

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concurrence of two Commissioners. The (3) Two years, if the maximum term (ii) Three years if the maximum term final decision following a local of imprisonment authorized for the of imprisonment authorized for the revocation hearing shall be issued offense is 5 years or more, but less than offense is more than one year but less within 86 days of the retaking of the 25 years; or than 25 years; and releasee on a supervised release (4) One year, if the maximum term of (iii) Life if the person is required to violation warrant. The final decision imprisonment authorized for the offense register for life, and 10 years in any following an institutional revocation is less than 5 years. other case, if the offender has been hearing shall be issued within 21 days (b) Further term of supervised release; sentenced for an offense for which of the hearing, excluding weekends and first revocation. (1) When a term of registration is required by the Sex holidays. supervised release is revoked, and the Offender Registration Act of 1999. Commission imposes less than the § 2.219 Maximum terms of imprisonment maximum term of imprisonment (3) For example, if the maximum and supervised release. permitted by paragraph (a) of this authorized term of imprisonment at the (a) Imprisonment; first revocation. section, the Commission may also first revocation is three years and the When a term of supervised release is impose a further term of supervised original maximum authorized term of revoked, the maximum authorized term release after imprisonment. A term of supervised release is five years, the of imprisonment that the Commission imprisonment is ‘‘less than the Commission may impose a three-year may require the offender to serve, in maximum authorized term of term of imprisonment with no accordance with D.C. Code 24– imprisonment’’ if the term is one day or supervised release to follow, or any term 403.01(b)(7), is determined by reference more shorter than the maximum of imprisonment of less than three years to the maximum authorized term of authorized term of imprisonment. with a further term of supervised release imprisonment for the offense of (2) The maximum authorized length of five years minus the term of conviction. The maximum authorized of such further term of supervised imprisonment actually imposed (such as term of imprisonment at the first release shall be the original maximum a one-year term of imprisonment revocation shall be: term of supervised release that the followed by a four-year term of (1) Five years, if the maximum term sentencing court was authorized to supervised release, or a two-year term of of imprisonment authorized for the impose for the offense of conviction, imprisonment followed by a three-year offense is life, or if the offense is less the term of imprisonment imposed term of supervised release). statutorily designated as a Class A by the Commission upon revocation of (c) Reference table. The following felony; supervised release. The original table may be used in most cases as a (2) Three years, if the maximum term maximum authorized term of reference to determine both the of imprisonment authorized for the supervised release is as follows: maximum authorized term of offense is 25 years or more, but less than (i) Five years if the maximum term of imprisonment at the first revocation and life, and the offense is not statutorily imprisonment authorized for the offense the original maximum authorized term designated as a Class A felony; is 25 years or more; of supervised release:

D.C. Code reference for convic- Original maximum Maximum authorized tion offense (former code ref- Offense description authorized term of term of imprisonment erence in brackets) supervised release at the first revocation

Title 22 22–301 [22–401] ...... Arson ...... 3 years ...... 2 years. 22–302 [22–402] ...... Arson: own property ...... 3 years ...... 2 years. 22–303 [22–403] ...... Destruction of property over $200 ...... 3 years ...... 2 years. 22–401 [22–501] ...... Assault: with intent to kill/rob/poison, to commit sex abuse 3 years (10 years if 2 years. (1st or 2nd degree) or child sex abuse. SOR). 22–401, 4502 [22–501, Assault: with intent to kill etc. while armed * ...... 5 years (10 years if 5 years. 3202]. SOR). 22–402 [22–502] ...... Assault: with a dangerous weapon ...... 3 years ...... 2 years. 22–403 [22–503] ...... Assault: with intent to commit an offense other than those in 3 years ...... 2 years. § 22–401. 22–404(d) [22–504] ...... Stalking—2nd+ offense ...... 3 years ...... 1 year. 22–404.01, 4502 [22–504.1, Assault; aggravated while armed * ...... 5 years ...... 5 years. 3202]. 22–404.01(b) [22–504.1] .... Assault: aggravated ...... 3 years ...... 2 years. 22–404.01(c) [22–504.1] .... Assault: attempted aggravated ...... 3 years ...... 2 years. 22–405(a) [22–505] ...... Assault: on a police officer ...... 3 years ...... 2 years. 22–405(b) [22–505] ...... Assault: on a police officer while armed ...... 3 years ...... 2 years. 22–406 [22–506] ...... Mayhem/malicious disfigurement ...... 3 years ...... 2 years. 22–406, 4502 [22–506, Mayhem/malicious disfigurement armed * ...... 5 years ...... 5 years. 3202]. 22–501 [22–601] ...... Bigamy ...... 3 years ...... 2 years. 22–601 [22–3427] ...... Breaking and entering machines ...... 3 years ...... 1 year. 22–704(a) ...... Corrupt influence ...... 3 years ...... 2 years. 22–712(c) ...... Bribery: public servant ...... 3 years ...... 2 years. 22–713(c) ...... Bribery: witness ...... 3 years ...... 2 years. 22–722(b) ...... Obstructing justice * ...... 5 years ...... 5 years. 22–723(b) ...... Evidence tampering ...... 3 years ...... 1 year. 22–801(a) [22–1801] ...... Burglary 1st degree ...... 5 years ...... 3 years 22–801(b) [22–1801] ...... Burglary 2nd degree ...... 3 years ...... 2 years. 22–801, 4502 [22–1801, Burglary: armed * ...... 5 years ...... 5 years 3202]. 22–902(b)(2) [22–752] ...... Counterfeiting (see statute for offense circumstances) ...... 3 years ...... 1 year.

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D.C. Code reference for convic- Original maximum Maximum authorized tion offense (former code ref- Offense description authorized term of term of imprisonment erence in brackets) supervised release at the first revocation

22–902(b)(3) [22–752] ...... Counterfeiting (see statute for offense circumstances) ...... 3 years ...... 2 years. 22–1101(a), (c)(1) [22–901] Cruelty to children 1st degree ...... 3 years ...... 2 years. 22–1101(b), (c)(2) [22–901] Cruelty to children 2nd degree ...... 3 years ...... 2 years. 22–1322(d) [22–1122] ...... Inciting riot (with injury) ...... 3 years ...... 2 years 22–1403 [22–1303] ...... False personation ...... 3 years ...... 2 years. 22–1404 [22–1304] ...... Impersonating a public official ...... 3 years ...... 1 year. 22–1510 [22–1410] ...... Bad checks $100 or more ...... 3 years ...... 1 year. 22–1701 [22–1501] ...... Illegal lottery ...... 3 years ...... 1 year. 22–1704 [22–1504] ...... Gaming ...... 3 years ...... 2 years. 22–1710, 1711 [22–1510, Bucketing: 2nd+ offense ...... 3 years ...... 2 years. 1511]. 22–1713(a) [22–1513] ...... Corrupt influence: Athletics ...... 3 years ...... 2 years. 22–1803 [22–103] ...... Attempted crime of violence ...... 3 years ...... 2 years. 22–1804 [22–104] ...... Second conviction One prior conviction If the underlying offense is punishable by life imprisonment 5 years ...... 5 years. If the underlying offense is punishable by 162⁄3 years or 5 years ...... 3 years. more. If the underlying offense is punishable by 31⁄3 years or more 3 years ...... 2 years. but less than 162⁄3 years. If underlying offense is punishable by less than 31⁄3 years ... 3 years ...... 1 years. Two or more prior convictions If the underlying offense is punishable by life imprisonment 5 years ...... 5 years. If the underlying offense is punishable by 81⁄3 years or more 5 years ...... 3 years. If the underlying offense is punishable by 12⁄3 years or more 3 years ...... 2 years. but less than 81⁄3 years. If underlying offense is punishable by less than 12⁄3 years ... 3 years ...... 1 year. 22Ð1804a(a)(1) [22Ð104a] .. Three strikes for felonies * ...... 5 years ...... 5 years. 22Ð1804a(a)(2) [22Ð104a] .. Three strikes for violent felonies * ...... 5 years ...... 5 years. 22Ð1805 [22Ð105] ...... Aiding or abetting ...... same as for the of- same as for the of- fense aided or abet- fense aided or abet- ted. ted 22Ð1805a(a) [22Ð105a] ...... Conspiracy ...... 3 years ...... 2 years. If underlying offense is punishable by less than 5 years ...... 3 years ...... 1 year. 22Ð1806 [22Ð106] ...... Accessory after the fact If the underlying offense is punishable by 10 years or more 3 years ...... 2 years. If the underlying offense is punishable by more than 2 years 3 years ...... 1 year. but less than 10 years. 22Ð1807 [22Ð107] ...... Offenses not covered by D.C. Code ...... 3 years ...... 2 years. 22Ð1810 [22Ð2307] ...... Threats (felony) ...... 3 years ...... 2 years. 22Ð1901 ...... Incest ...... 3 years (10 years if 2 years. SOR). 22Ð2001 [22Ð2101] ...... Kidnapping * ...... 5 years ...... 5 years. 22Ð2201, 4502 [22Ð2101, Kidnapping: armed * ...... 5 years ...... 5 years. 3202]. 22Ð2101, 2104 [22Ð2401, Murder 1st degree * ...... 5 years ...... 5 years. 2404]. 22Ð2101, 2104, 4502 [22Ð Murder 1st degree while armed * ...... 5 years ...... 5 years. 2401, 2404, 3202]. 22Ð2102, 2104 [22Ð2402, Murder 1st degree: obstruction of railway * ...... 5 years ...... 5 years. 2404]. 22Ð2103, 2104 [22Ð2403, Murder 2nd degree * ...... 5 years ...... 5 years. 2404]. 22Ð2103, 2104, 4502 [22Ð Murder 2nd degree while armed * ...... 5 years ...... 5 years. 2403, 2404, 3202]. 22Ð2105 [22Ð2405] ...... Manslaughter ...... 5 years ...... 3 years. 22Ð2105, 4502 [22Ð2405, Manslaughter: armed * ...... 5 years ...... 5 years. 3202]. 22Ð2201(e) [22Ð2001] ...... Obscenity: 2nd+ offense ...... 3 years (10 years if 1 year. SOR). 22Ð2402(b) [22Ð2511] ...... Perjury ...... 3 years ...... 2 years. 22Ð2403 [22Ð2512] ...... Subornation of perjury ...... 3 years ...... 2 years. 22Ð2404(b) [22Ð2413] ...... False swearing ...... 3 years ...... 1 year. 22Ð2501 [22Ð3601] ...... Possessing implements of crime 2nd+ offense ...... 3 years ...... 2 years. 22Ð2601(b) ...... Escape ...... 3 years ...... 2 years. 22Ð2603 ...... Introducing contraband into prison ...... 3 years ...... 2 years. 22Ð2704 ...... Child prostitution: abducting or harboring ...... 3 years (10 years if 2 years. SOR). 22Ð2705 to 2712 ...... Prostitution: arranging and related offenses ...... 3 years (10 years if 2 years. child victim and SOR). 22Ð2801 [22Ð2901] ...... Robbery ...... 3 years ...... 2 years.

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22Ð2801, 4502 [22Ð2901, Robbery: armed * ...... 5 years ...... 5 years. 3202]. 22Ð2802 [22Ð2902] ...... Robbery: attempted ...... 3 years ...... 1 year. 22Ð2802, 4502 [22Ð2902, Robbery: attempted while armed * ...... 5 years ...... 5 years. 3202]. 22Ð2803(a) [22Ð2903] ...... Carjacking ...... 3 years ...... 2 years. 22Ð2803(b) [22Ð2903] ...... Carjacking: armed * ...... 5 years ...... 5 years. 22Ð3002 [22Ð4102] ...... Sex abuse 1st degree * ...... 5 years (life if SOR) ... 5 years. 22Ð3002, 4502 [22Ð4102, Sex abuse 1st degree while armed * ...... 5 years (life if SOR) ... 5 years. 3202]. 22Ð3003 [22Ð4103] ...... Sex abuse 2nd degree ...... 3 years (life if SOR) ... 2 years. 22Ð3003, 4502 [22Ð4103, Sex abuse 2nd degree while armed * ...... 5 years (life if SOR) ... 5 years. 3202]. 22Ð3004 [22Ð4104] ...... Sex abuse 3rd degree ...... 3 years (10 years if 2 years. SOR). 22Ð3005 [22Ð4105 ...... Sex abuse 4th degree ...... 3 years (10 years if 2 years. SOR). 22Ð3008 [22Ð4108] ...... Child sex abuse 1st degree * ...... 5 years (life if SOR) ... 5 years. 22Ð3008, 3020 [22Ð4108, Child sex abuse 1st degree with aggravating cir- 5 years (life if SOR) ... 5 years. 4120]. cumstances *. 22Ð3008, 4502 [22Ð4108, Child sex abuse 1st degree while armed * ...... 5 years (10 years if 5 years. 3202]. SOR). 22Ð3009 [22Ð4109] ...... Child sex abuse 2nd degree ...... 3 years (10 years if 2 years. SOR). 22Ð3009, 4502 [22Ð4109, Child sex abuse 2nd degree while armed * ...... 5 years (10 years if 5 years. 3202]. SOR). 22Ð3010 [22Ð4110] ...... Enticing a child ...... 3 years (10 years if 2 years. SOR). 22Ð3013 [22Ð4113] ...... Sex abuse ward 1st degree ...... 3 years (10 years if 2 years. SOR). 22Ð3014 [22Ð4114] ...... Sex abuse ward 2nd degree ...... 3 years (10 years if 2 years. SOR). 22Ð3015 [22Ð4115] ...... Sex abuse patient 1st degree ...... 3 years (10 years if 2 years. SOR). 22Ð3016 [22Ð4116] ...... Sex abuse patient 2nd degree ...... 3 years (10 years if 2 years. SOR). 22Ð3018 [22Ð4118] ...... Sex abuse: attempted 1st degree/child sex abuse 1st de- 3 years (life if SOR) ... 2 years. gree. 22Ð3018 [22Ð4118] ...... Sex abuse: other attempts If offense attempted is punishable by 10 years or more ...... 3 years (life if SOR) ... 2 years. If the offense attempted is punishable by more than 2 years 3 years (life if SOR) ... 1 year. but less than 10 years. 22Ð3020 [22Ð4120] ...... Sex abuse 1st degree/child sex abuse 1st degree, with ag- 5 years (life if SOR) ... 5 years. gravating circumstances. 22Ð3020 [22Ð4120] ...... Sex abuse: other offenses with aggravating circumstances If the underlying offense is punishable by life imprisonment 5 years (10 years if 5 years. SOR). If the underlying offense is punishable by 162⁄3 years or 5 years (10 years if 3 years. more. SOR). If the underlying offense is punishable by 31⁄3 years or more 3 years (10 years if 2 years. but less than 162⁄3 years. SOR). If underlying offense is punishable by less than 31⁄3 years ... 3 years (10 years if 1 year. SOR). 22Ð3102, 3103 [22Ð2012, Sex performance with minors ...... 3 years (10 years if 2 years. 2013. SOR). 22Ð3153 ...... Terrorism—Act of Murder 1st degree ...... 5 years ...... 5 years. Murder of law enforcement officer or public safety employee 5 years ...... 5 years. Murder 2nd degree ...... 5 years ...... 5 years. Manslaughter ...... 5 years ...... 5 years. Kidnapping ...... 5 years ...... 5 years. Assault with intent to kill ...... 5 years ...... 3 years. Mayhem/malicious disfigurement ...... 3 years ...... 2 years. Arson ...... 3 years ...... 2 years. Malicious destruction of property ...... 3 years ...... 2 years. Attempt/conspiracy to commit first degree murder, murder of 5 years ...... 3 years. law enforcement officer, second degree murder, man- slaughter, kidnapping. Attempt/conspiracy to commit assault with intent to kill ...... 3 years ...... 2 years. Attempt/conspiracy to commit mayhem, malicious disfigure- 3 years ...... 2 years. ment, arson, malicious destruction of property. Providing or soliciting material support for act of terrorism ... 3 years ...... 2 years.

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D.C. Code reference for convic- Original maximum Maximum authorized tion offense (former code ref- Offense description authorized term of term of imprisonment erence in brackets) supervised release at the first revocation

22Ð3153, 22Ð4502 [22Ð Commiting any of the above acts of terrorism while armed * 5 years ...... 5 years. 3202]. 22Ð3154 ...... Manufacture/possession of weapon of mass destruction ...... 5 years ...... 5 years. Attempt/conspiracy to possess or manufacture weapon of 5 years ...... 3 years. mass destruction. 22Ð3155 ...... Use, dissemination, or detonation of weapon of mass de- 5 years ...... 5 years. struction. Attempt/conspiracy to use, disseminate, or detonate weap- 5 years ...... 3 years. on of mass destruction. 22Ð3155, 22Ð4502 [22Ð Manufacture, possession, use or detonation of weapon of 5 years ...... 5 years. 3202]. mass destruction while armed or attempts to commit such crimes while armed *. 22Ð3212 [22Ð3812] ...... Theft 1st degree ...... 3 years ...... 2 years. 22Ð3214.03(d)(2) [22Ð Deceptive labeling ...... 3 years ...... 2 years. 3814.1]. 22Ð3215(d)(1) [22Ð3815] .... Vehicle: Unlawful use of (private) ...... 3 years ...... 2 years. 22Ð3215(d)(2) [22Ð3815] .... Vehicle: Unlawful use of (rental) ...... 3 years ...... 1 year. 22Ð3221(a), 3222(a) [22Ð Fraud 1st degree $250 or more ...... 3 years ...... 2 years. 3821, 3822]. 22Ð3221(b), 3222(b) [22Ð Fraud 2nd degree $250 or more ...... 3 years ...... 1 year. 3821, 3822]. 22Ð3223(d)(1) [22Ð3823] .... Fraud: credit card $250 or more ...... 3 years ...... 2 years. 22Ð3225.02, 3225.04(a) Fraud: insurance 1st degree ...... 3 years ...... 2 years. [22Ð3825.2, 3825.4]. 22Ð3225.03, 3225.04(b) Fraud: insurance 2nd degree ...... 3 years ...... 2 years. [22Ð3825.3, 3825.4]. 22Ð3231(d) [22Ð3831] ...... Stolen Property: trafficking in ...... 3 years ...... 2 years. 22Ð3232(c)(1) [22Ð3832] .... Stolen property: receiving ($250 or more) ...... 3 years ...... 2 years. 22Ð3241, 3242 [22Ð3841, Forgery: 3842]. Legal tender, public record, etc...... 3 years. 2 years. Token, prescription ...... 3 years ...... 2 years. Other ...... 3 years ...... 1 years. 22Ð3251(b) [22Ð3851] ...... Extortion ...... 3 years ...... 2 years. 22Ð3251(b), 3252(b), 4502 Extortion while armed or blackmail with threats of violence * 5 years ...... 5 years. [22Ð3851, 3852, 3202]. 22Ð3252(b) [22Ð3852] ...... Blackmail ...... 3 years ...... 2 years. 22Ð3303 [22Ð3103] ...... Grave robbing ...... 3 years ...... 1 year. 22Ð3305 [22Ð3105] ...... Destruction of property by explosives ...... 3 years ...... 2 years. 22Ð3318 [22Ð3318] ...... Water pollution (malicious) ...... 3 years ...... 1 year. 22Ð3319 [22Ð3119] ...... Obstructing railways ...... 3 years ...... 2 years. 22Ð3601 [22Ð3901] ...... Senior citizen victim of robbery, attempted robbery, theft, at- tempted theft, extortion, and fraud. If the underlying offense is punishable by life imprisonment 5 years ...... 5 years. If the underlying offense is punishable by 162⁄3 years or 5 years ...... 3 years. more. If the underlying offense is punishable by 31⁄3 years or more 3 years ...... 2 years. but less than 162⁄3 years. If the underlying offense is punishable by less than 31⁄3 3 years ...... 1 year. years. 22Ð3602 [22Ð3902] ...... Citizen patrol victim of various violent offenses. If the underlying offense is punishable by life imprisonment 5 years ...... 5 years. If the underlying offense is punishable by 162⁄3 years or 5 years ...... 3 years. more. If the underlying offense is punishable by 31⁄3 years or more 3 years ...... 2 years. but less than 162⁄3 years. If the underlying offense is punishable by less than 31⁄3 3 years ...... 1 year. years. 22Ð3703 [22Ð4003] ...... Bias-related crime If underlying offense is punishable by life imprisonment ...... 5 years ...... 5 years. If underlying offense is punishable by 162⁄3 years ...... 5 years ...... 3 years. If underlying offense is punishable by more than or equal to 3 years ...... 2 years. 31⁄3 years but less than 162⁄3 years. If underlying offense is punishable by less than 31⁄3 years ... 3 years ...... 1 year. 22Ð4015 [24Ð2235] ...... Sex offender, failure to register (2nd offense) ...... 3 years ...... 2 years. 22Ð4502 [22Ð3202] ...... Violent crimes: committing or attempting to commit while 5 years ...... 5 years. armed. 22Ð4502.01 [22Ð3202.1] ..... Gun-free zone violations If underlying offense is a violation of 22Ð4504 ...... 3 years ...... 2 years. If underlying offense is a violation of 22Ð4504(b) (posses- 5 years ...... 3 years. sion of firearm while committing crime of violence or dan- gerous crime). 22Ð4503 [22Ð3203] ...... Pistol: unlawful possession by a felon, etc. 2nd+ offense ..... 3 years ...... 2 years.

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D.C. Code reference for convic- Original maximum Maximum authorized tion offense (former code ref- Offense description authorized term of term of imprisonment erence in brackets) supervised release at the first revocation

22Ð4504(a)(1)Ð(2) [22Ð Pistol: carrying without a license ...... 3 years ...... 2 years. 3204]. 22Ð4504(b) [22Ð3204] ...... Firearm: possession while committing crime of violence or 3 years ...... 2 years. dangerous crime. 22Ð4514 [22Ð3214] ...... Prohibited weapon: possession of 2nd+ offense ...... 3 years ...... 2 years. 22Ð4515a [22Ð3215a] ...... Molotov cocktails—1st or 2nd offense ...... 3 years ...... 2 years. 3rd offense ...... 5 years ...... 5 years. Title 23 23Ð1327(a)(1) ...... Bail Reform Act ...... 3 years ...... 2 years. 23Ð1328(a)(1) ...... Committing a felony on release ...... 3 years ...... 2 years. Title 48 48Ð904.01(a)Ð(b) [33Ð541] Drugs: distribute or possess with intent to distribute If schedule I or II narcotics or abusive drugs (e.g., heroin, 5 years ...... 3 years. cocaine, PCP, methamphetamine). If schedule I or II drugs other than above (e.g., marijuana/ 3 years ...... 2 years. hashish), or schedule III drugs. If schedule IV drugs ...... 3 years ...... 1 year. 48Ð904.01, 22Ð4502 [33Ð Drugs: distribute or possess with intent to distribute while 5 years ...... 5 years. 541, 22Ð3202]. armed*. 48Ð904.03 [33Ð543] ...... Drugs: acquiring by fraud ...... 3 years ...... 1 year. 48Ð904.03a [33Ð543a] ...... Drugs: maintaining place for manufacture or distribution ...... 5 years ...... 3 years. 48Ð904.06 [33Ð546] ...... Drugs: distribution to minors If a schedule I or II narcotic drug (e.g., heroin or cocaine) or 5 years ...... 3 years. PCP. If schedule I or II drugs other than above (e.g., marijuana, 3 years ...... 2 years. hashish, methamphetamine), or schedule III or IV drugs. If schedule V drugs ...... 3 years ...... 1 year. 48Ð904.07 [33Ð547] ...... Drugs: enlisting minors to sell ...... 3 years ...... 2 years. 48Ð904.07a [33Ð547.1] ...... Drugs: distribute or possess with intent to distribute in drug- free zones. If schedule I or II narcotics or abusive drugs (e.g., heroin, 5 years ...... 3 years. cocaine, methamphetamine, or PCP). If schedule I or II drugs other than above (e.g., marijuana, 3 years ...... 2 years. hashish), or schedule III or IV drugs. If schedule V drugs ...... 3 years ...... 1 year. 48Ð904.08 [33Ð548] ...... Drugs: 2nd+ offense Note: This section does If schedule I or II narcotics or abusive drugs (e.g., heroin, 5 years ...... 3 years. not apply if the of- cocaine, methamphetamine, or PCP). fender was sen- tenced under 48Ð 904.06. If schedule I or II drugs other than above (e.g., marijuana, 3 years ...... 2 years. hashish), or schedule III or IV drugs. If schedule V drugs ...... 3 years ...... 1 year. 48Ð904.09 [33Ð549] ...... Drugs: attempt/conspiracy ...... the same as for the the same as for the offense that was the offense that was the object of the at- object of the at- tempt or conspiracy. tempt or conspiracy. 48Ð1103(b) [33Ð603] ...... Drugs: possession of drug paraphernalia with intent to de- 3 years ...... 1 year. liver or sell (2nd + offense). 48Ð1103(c) [33Ð603] ...... Drugs: delivering drug paraphernalia to a minor ...... 3 years ...... 2 years. Title 50 50Ð2203.01 [40Ð713] ...... Negligent homicide (vehicular) ...... 3 years ...... 2 years. 50Ð2207.01 [40Ð718] ...... Smoke screens ...... 3 years ...... 2 years.

Notes: (1) An asterisk next to the offense of Supervised Release. Sex offender (d) Imprisonment; successive description indicates that the offense is registration, however, may also be required revocations. (1) When the Commission statutorily designated as a Class A felony. for numerous crimes (such as burglary or revokes a term of supervised release that (2) If the defendant must register as a sex murder) if a sexual act or contact was was imposed by the Commission after a offender, the Original Maximum Authorized involved or was the offender’s purpose. In Term of Supervised Release is the maximum previous revocation of supervised such cases, the offender’s status will be release, the maximum authorized term period for which the offender may be determined by the presence of an order from required to register as a sex offender under of imprisonment is the maximum term the sentencing judge certifying that the D.C. Code 22–4002(a) and (b) (ten years or of imprisonment permitted by defendant is a sex offender. life). See D.C. Code 24–403.01(b)(4). Sex paragraph (a) of this section, less the offender registration is required for crimes (3) If the defendant committed the offense before 5 p.m., August 11, 2000, the maximum term or terms of imprisonment that were such as first degree sexual abuse, and these previously imposed by the Commission. crimes are listed in this table with the authorized terms of imprisonment and notation ‘‘10 years if SOR’’ or ‘‘life if SOR’’ supervised release shall be determined by In calculating such previously-imposed as the Original Maximum Authorized Term reference to 18 U.S.C. 3583. term or terms of imprisonment, the

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Commission shall use the term as sentencing court did not impose the the Employee Retirement Income imposed without deducting any good original maximum authorized term Security Act of 1974. The interest time credits that may have been earned permitted for the offense of conviction. assumptions are intended to reflect by the offender prior to his release from current conditions in the financial and prison. In no case shall the total of § 2.220 Appeal. annuity markets. successive terms of imprisonment A supervised releasee may appeal to Three sets of interest assumptions are imposed by the Commission exceed the the Commission a decision to revoke prescribed: (1) A set for the valuation of maximum authorized term of supervised release, impose a term of benefits for allocation purposes under imprisonment at the first revocation. imprisonment, or impose a new term of section 4044 (found in Appendix B to (2) For example, if the maximum supervised release after revocation. The Part 4044), (2) a set for the PBGC to use authorized term of imprisonment at the provisions of § 2.26 on the time limits to determine whether a benefit is first revocation is three years and the for filing and deciding the appeal, the payable as a lump sum and to determine original maximum authorized term of grounds for appeal, the format of the lump-sum amounts to be paid by the supervised release is five years, the appeal, the limits regarding the PBGC (found in Appendix B to Part Commission at the first revocation may submission of exhibits, and voting 4022), and (3) a set for private-sector have imposed a one-year term of requirements apply to an appeal pension practitioners to refer to if they imprisonment and a further four-year submitted under this section. wish to use lump-sum interest rates term of supervised release. At the Dated: June 30, 2003. determined using the PBGC’s historical second revocation, the maximum methodology (found in Appendix C to Edward F. Reilly, Jr., authorized term of imprisonment will Part 4022). be two years, i.e., the maximum Chairman, U.S. Parole Commission. Accordingly, this amendment (1) adds authorized term of imprisonment at the [FR Doc. 03–17176 Filed 7–14–03; 8:45 am] to Appendix B to Part 4044 the interest first revocation (three years) minus the BILLING CODE 4410–31–P assumptions for valuing benefits for one-year term of imprisonment that was allocation purposes in plans with imposed at the first revocation. valuation dates during August 2003, (2) (e) Further term of supervised release; PENSION BENEFIT GUARANTY adds to Appendix B to Part 4022 the successive revocations. (1) When the CORPORATION interest assumptions for the PBGC to Commission revokes a term of use for its own lump-sum payments in supervised release that was imposed by 29 CFR Parts 4022 and 4044 plans with valuation dates during the Commission following a previous August 2003, and (3) adds to Appendix revocation of supervised release, the Benefits Payable in Terminated Single- C to Part 4022 the interest assumptions Commission may also impose a further Employer Plans; Allocation of Assets for private-sector pension practitioners term of supervised release. The in Single-Employer Plans; Interest to refer to if they wish to use lump-sum maximum authorized length of such a Assumptions for Valuing and Paying interest rates determined using the term of supervised release shall be the Benefits PBGC’s historical methodology for original maximum authorized term of AGENCY: Pension Benefit Guaranty valuation dates during August 2003. supervised release permitted by Corporation. For valuation of benefits for allocation paragraph (b) of this section, less the purposes, the interest assumptions that ACTION: Final rule. total of the terms of imprisonment the PBGC will use (set forth in imposed by the Commission on the SUMMARY: The Pension Benefit Guaranty Appendix B to part 4044) will be 4.40 same sentence (including the term of Corporation’s regulations on Benefits percent for the first 20 years following imprisonment imposed in the current Payable in Terminated Single-Employer the valuation date and 5.25 percent revocation). Plans and Allocation of Assets in thereafter. These interest assumptions (2) For example, if the maximum Single-Employer Plans prescribe interest represent an increase (from those in authorized term of imprisonment at the assumptions for valuing and paying effect for July 2003) of 0.10 percent for first revocation is three years and the benefits under terminating single- the first 20 years following the valuation original maximum authorized term of employer plans. This final rule amends date and are otherwise unchanged. supervised release is five years, the the regulations to adopt interest The interest assumptions that the Commission at the first revocation may assumptions for plans with valuation PBGC will use for its own lump-sum have imposed a one-year term of dates in August 2003. Interest payments (set forth in Appendix B to imprisonment and a four-year further assumptions are also published on the part 4022) will be 3.00 percent for the term of supervised release. If, at a PBGC’s Web site (http://www.pbgc.gov). period during which a benefit is in pay second revocation, the Commission status and 4.00 percent during any years EFFECTIVE DATE: August 1, 2003. imposes another one-year term of preceding the benefit’s placement in pay imprisonment, the maximum authorized FOR FURTHER INFORMATION CONTACT: status. These interest assumptions are further term of supervised release will Harold J. Ashner, Assistant General unchanged from those in effect for July be three years (the original five-year Counsel, Office of the General Counsel, 2003. period minus the total of two years of Pension Benefit Guaranty Corporation, For private-sector payments, the imprisonment). 1200 K Street, NW., Washington, DC interest assumptions (set forth in (f) Effect of sentencing court imposing 20005, 202–326–4024. (TTY/TDD users Appendix C to part 4022) will be the less than the original maximum may call the Federal relay service toll- same as those used by the PBGC for authorized term of supervised release. If free at 1–800–877–8339 and ask to be determining and paying lump sums (set the Commission has revoked supervised connected to 202–326–4024.) forth in Appendix B to part 4022). release, the maximum authorized period SUPPLEMENTARY INFORMATION: The The PBGC has determined that notice of further supervised release is PBGC’s regulations prescribe actuarial and public comment on this amendment determined by reference to the original assumptions—including interest are impracticable and contrary to the maximum authorized term permitted for assumptions—for valuing and paying public interest. This finding is based on the offense of conviction (see paragraph plan benefits of terminating single- the need to determine and issue new (b) of this section), even if the employer plans covered by title IV of interest assumptions promptly so that

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the assumptions can reflect, as amendment, the Regulatory Flexibility PART 4022—BENEFITS PAYABLE IN accurately as possible, current market Act of 1980 does not apply. See 5 U.S.C. TERMINATED SINGLE-EMPLOYER conditions. 601(2). PLANS Because of the need to provide List of Subjects immediate guidance for the valuation ■ 1. The authority citation for part 4022 and payment of benefits in plans with 29 CFR Part 4022 continues to read as follows: valuation dates during August 2003, the Employee benefit plans, Pension Authority: 29 U.S.C. 1302, 1322, 1322b, PBGC finds that good cause exists for insurance, Pensions, Reporting and 1341(c)(3)(D), and 1344. making the assumptions set forth in this recordkeeping requirements. amendment effective less than 30 days ■ 2. In appendix B to part 4022, Rate Set after publication. 29 CFR Part 4044 118, as set forth below, is added to the The PBGC has determined that this table. (The introductory text of the table Employee benefit plans, Pension action is not a ‘‘significant regulatory is omitted.) insurance, Pensions. action’’ under the criteria set forth in Appendix B to Part 4022—Lump Sum Executive Order 12866. ■ In consideration of the foregoing, 29 Interest Rates For PBGC Payments Because no general notice of proposed CFR parts 4022 and 4044 are amended as rulemaking is required for this follows: * * * * *

For plans with a valuation Immediate Deferred annuities Rate set date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2

******* 118 ...... 8Ð1Ð03 9Ð1Ð03 3.00 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 118, as set forth below, is added to the Interest Rates For Private-Sector table. (The introductory text of the table Payments is omitted.) * * * * *

For plans with a valuation Immediate Deferred annuities Rate set date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2

******* 118 ...... 8Ð1Ð03 9Ð1Ð03 3.00 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits PLANS ■ 5. In appendix B to part 4044, a new entry, as set forth below, is added to the * * * * * ■ 4. The authority citation for part 4044 table. (The introductory text of the table continues to read as follows: is omitted.)

The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =

******* August 2003 ...... 0440 1Ð20 .0525 >20 N/A N/A

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Issued in Washington, DC, on this 9th day SUPPLEMENTARY INFORMATION: 2003, and that the hourly daily of July 2003. operating schedule end at 6:40 p.m. Request for Comments Joseph H. Grant, instead of 7:40 p.m. Deputy Executive Director and Chief We encourage you to participate in The District Commander issued a new Operating Officer, Pension Benefit Guaranty this evaluation of the test deviation by test deviation as requested by the Mystic Corporation. submitting comments or related Chamber of Commerce and Marine [FR Doc. 03–17843 Filed 7–14–03; 8:45 am] material. If you do so, please include Affairs Committee. This deviation BILLING CODE 7708–01–P your name and address, identify the allows the bridge to operate under the docket number for this deviation alternate operation schedule from July (CGD01–03–047), indicate the specific 18, 2003 through October 15, 2003, DEPARTMENT OF HOMELAND section of this document to which each during the peak boating season. SECURITY comment applies, and give the reason Under this temporary deviation, for each comment. Please submit all effective from July 18, 2003 through Coast Guard comments and related material in an October 15, 2003, the draw of the U.S. unbound format, no larger than 81⁄2 by 1 Bridge shall open promptly and fully 33 CFR Part 117 11 inches, suitable for copying. If you on signal; except that, from 7:40 a.m. to would like to know if they reached us, [CGD01–03–047] 6:40 p.m., daily, the draw shall open at please enclose a stamped, self-addressed 7:40 a.m., 8:40 a.m., 9:40 a.m., 10:40 Drawbridge Operation Regulations: postcard or envelope. We will consider a.m., 11:40 a.m., 1:10 p.m., 1:40 p.m., Mystic River, CT all comments and material received 2:40 p.m., 3:40 p.m., 4:40 p.m., 5:40 during the comment period. p.m., and 6:40 p.m. AGENCY: Coast Guard, DHS. Background and Purpose After October 15, 2003, the bridge will ACTION: Notice of temporary deviation operate in accordance with the existing from regulations. The U.S. 1 Bridge has a vertical drawbridge operation regulations. clearance of 4 feet at mean high water This temporary deviation also SUMMARY: The Commander, First Coast and 7 feet at mean low water in the eliminates the provision that permits Guard District, has issued a temporary closed position. openings to be delayed up to 20 minutes deviation from the drawbridge operation The existing regulations in 33 CFR after an opening request is given. Under regulations for the U.S. 1 Bridge, mile 117.211(b), require the bridge to open this temporary deviation, the bridge 2.8, across the Mystic River at Mystic, on signal with a maximum delay of up must open promptly and fully upon Connecticut. This temporary deviation to twenty minutes; except that from May request, in accordance with 33 CFR replaces the temporary deviation 1 through October 31, from 7:15 a.m. to 117.5. published on June 2, 2003, and is 7:15 p.m., the draw need only open This deviation from the operating necessary to test a new operating once an hour, at quarter past the hour regulations is authorized under 33 CFR schedule to determine if a permanent and from November 1 through April 30, 117.43, to test an alternate operating change to the schedule is reasonable. from 8 p.m. to 4 a.m., the draw must schedule. The deviation published on June 2, open on signal after a six-hour advance Dated: June 6, 2003. 2003, is withdrawn. notice is given. On May 13, 2003, the Mystic John L. Grenier, DATES: The temporary deviation Connecticut Chamber of Commerce and Captain, Coast Guard, Acting Commander, published on June 2, 2003, at 68 FR Marine Affairs Committee, requested First Coast Guard District. 32643 is withdrawn July 15, 2003. This that the U.S. 1 Bridge opening schedule [FR Doc. 03–17368 Filed 7–14–03; 8:45 am] temporary deviation is effective from be temporarily changed to test an BILLING CODE 4910–15–P July 18, 2003 through October 15, 2003. alternate operation schedule. Comments must reach the Coast Guard At the request of the Mystic Chamber on or before November 15, 2003. of Commerce and Marine Affairs DEPARTMENT OF HOMELAND ADDRESSES: You may mail comments to Committee, the Commander, First Coast SECURITY Commander (obr), First Coast Guard Guard District, issued a temporary District, Bridge Branch, at 408 Atlantic deviation from the drawbridge operation Coast Guard Avenue, Boston, MA 02110–3350, or regulations on May 20, 2003. That deliver them to the same address temporary deviation, notice of which 33 CFR Part 165 between 7 a.m. and 3 p.m., Monday was published in the Federal Register [CGD05–03–073] through Friday, except Federal holidays. on June 2, 2003, at 68 FR 32643, The telephone number is (617) 223– authorized an alternate operating RIN 1625–AA00 8364. The First Coast Guard District, schedule effective from June 15, 2003 Security Zone; Cape Fear River, Eagle Bridge Branch, maintains the public through August 31, 2003. The purpose docket for this deviation. Comments and Island, North Carolina State Port of the temporary deviation was to test Authority Terminal, Wilmington, NC material received from the public, as an alternate operation schedule and well as documents indicated in this collect vehicular traffic data. AGENCY: Coast Guard, DHS. preamble as being available in the On May 30, 2003, the Coast Guard ACTION: Temporary final rule; request for docket, will become part of this docket received a second letter from the Mystic comments. and will be available for inspection or Chamber of Commerce and Marine copying at the First Coast Guard Affairs Committee. The Mystic Chamber SUMMARY: The Coast Guard is District, Bridge Branch, 7 a.m. to 3 p.m., of Commerce and Marine Affairs establishing a temporary security zone Monday through Friday, except Federal Committee requested that the effective to include an area 800 yards south of the holidays. period of the temporary deviation be Cape Fear River Bridge encompassing FOR FURTHER INFORMATION CONTACT: changed to allow the bridge to operate Eagle Island, the Cape Fear River, and Joseph Schmied, Project Officer, First under the alternate operation schedule the grounds of the State Port Authority Coast Guard District, at (212) 668–7195. from July 18, 2003 through October 15, Terminal south to South Wilmington

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Terminal. This action is necessary to zone is necessary to provide for the profit organizations that are provide security for and prevent acts of security of the United States. independently owned and operated and terrorist against vessels loading or are not dominant in their fields, and Background and Purpose offloading and the State Port Authority governmental jurisdictions with Terminal during a military operation. The security zone will prevent access populations of less than 50,000. The The security zone will prevent access to to unauthorized persons who may Coast Guard certifies under 5 U.S.C. unauthorized persons who may attempt attempt to enter the secure area via 605(b) that this rule will not have a to enter the secure area via Eagle Island, Eagle Island, the Cape Fear River, or the significant economic impact on a the Cape Fear River, or the North North Carolina State Port Authority substantial number of small entities. Carolina State Port Authority Terminal. terminal. This rule will affect the following DATES: This rule is effective from 8 a.m. Discussion of Rule entities, some of which may be small EST on June 13, 2003, to 11:59 p.m. EST To provide security for, and prevent entities: the owners and operators of on December 13, 2003. Comments are acts of terrorism against, vessels loading vessels or vehicles intending to transit due on or before October 14, 2003. or offloading and the State Port or anchor within waters or grounds of ADDRESSES: Comments and documents Authority Terminal during a military the security zone (including the North indicated in this preamble as being operation , the security zone will Carolina State Port Authority Terminal available in the docket are part of docket prevent access to unauthorized persons and the southern portion of Eagle CGD05–03–073 and will be available for who may attempt to enter the secure Island) encompassed by a line inspection or copying at Coast Guard area via the Cape Fear River, the North connecting the following points: from Marine Safety Office, 721 Medical South Wilmington Terminal at Carolina State Port Authority terminal, ° ′ ″ ° ′ ″ Center Drive, Suite 100, Wilmington, or use Eagle Island as vantage point for 34 10 38.394 W, 077 57 16.248 N North Carolina 28401, between 9:30 surveillance of the secure area. This rule (Point 1); across Cape Fear River to a.m. and 2 p.m., Monday through limits access to the regulated area to Southern most entrance of Brunswick Friday, except Federal holidays. River on the West Bank at 34°10′38.052″ those vessels and persons authorized to ° ′ ″ FOR FURTHER INFORMATION CONTACT: enter and operate within the security W, 077 57 43.143 N (Point 2); Ensign Diego Benavides, Port Security, zone. The Captain of the Port or her extending along the West bank of the (910) 772–2232. Brunswick River for approximately 750 designated representative may authorize ° ′ ″ SUPPLEMENTARY INFORMATION: access to the security zone. Mariners yards to 34 10 57.062 W, 077°58′01.342″ N (Point 3); proceeding Request for Comments must contact the control vessel on VHF– FM channel 16 to request access to north across the Brunswick River to the We encourage you to submit east bank at 34°11′04.846″ W, transit through the regulated area. In ° ′ ″ comments on this temporary rule to our addition, the Coast Guard will make 077 58 02.861 N (Point 4); continuing docket listed under ADDRESSES. If you notifications via maritime advisories. north on the east bank for do so, please include your name and approximately 5000 yards along Eagle address, identify the docket number for Regulatory Evaluation Island to 34°13′17.815″ W, ° ′ ″ this rulemaking (CGD05–03–073), This proposed rule is not a 077 58 30.671 N (Point 5), proceeding ° ′ ″ ° ′ ″ indicate the specific section of this ‘‘significant regulatory action’’ under east to 34 13 19.488 W, 077 58 24.414 document to which each comments section 3(f) of Executive Order 12866, N (Point 6); then approximately 1700 ° ′ ″ applies, and give the reason for each Regulatory Planning and Review, and yards to 34 13 27.169 W, ° ′ ″ comment. If you would like to know does not require an assessment of 077 57 51.753 N (Point 7); proceeding ° ′ ″ ° ′ ″ they reached us, please enclose a potential costs and benefits under east to 34 13 21.226 W, 077 57 19.264 stamped, self-addressed postcard or section 6(a)(3) of that Order. The Office N (Point 8); then across Cape Fear River envelope. We will consider all of Management and Budget has not to the northeast corner of the Colonial ° ′ ″ comments and related material received reviewed it under that Order. It is not Terminal Pier at 34 13 18.724 W, ° ′ ″ during the comment period and we may ‘‘significant’’ under the regulatory 077 57 07.401 N (Point 9) 800 yards change this temporary rule in view of policies and procedures of the south of Cape Fear Memorial Bridge; them. Department of Homeland Security proceeding south along shoreline (east bank) of Cape Fear River for Regulatory Information (DHS). Although this regulation restricts approximately 500 yards; proceeding The U.S. Coast Guard did not publish access to the regulated area, the effect of east inland to Wilmington State Port a notice of proposed rulemaking this regulation will not be significant property line at 34°13′03.196″ W, (NPRM) for this regulation. The Coast because: (i) the COTP or her 077°56′52.211″ N (Point 10); extending Guard is promulgating these security representative may authorize access to south along Wilmington State Port zone regulations to protect the the security zone; (ii) the security zone property line to 34°12′43.409″ W, Wilmington State Port and the will be in effect for limited duration; 077°56′50.815″ N (Point 11); proceeding surrounding vicinity for reasons directly and (iii) the Coast Guard will make to the north entrance of Wilmington related to military operations and notifications via maritime advisories so State Port at 34°12′28.854″ W, national security. Based on the military mariners can adjust their plans 077°57′01.017″ N (Point 12); proceeding function exception set forth in the accordingly. south along Wilmington State Port Administrative Procedure Act, 5 U.S.C. property line to 34°12′20.819″ W, 553(a)(1), notice and comment Small Entities 077°57′08.871″ N (Point 13); continuing rulemaking and advance publication, Under the Regulatory Flexibility Act south along the Wilmington State Port pursuant to 5 U.S.C. 553(b) and (d), are (5 U.S.C. 601–612), the U.S. Coast Guard property line to 34°12′08.164″ W, not required for this regulation. As have considered whether this proposed 077°57′08.530″ N (Point 14); continuing stated in our ‘‘Request for Comments’’ rule would have a significant economic along State Port property to section, however, we do encourage you impact on a substantial number of small 34°11′44.426″ W, 077°56′55.003″ N to comment on this currently-effective entities. The term ‘‘small entities’’ (Point 15); proceeding south to the main temporary rule. This temporary security comprises small businesses, not-for- gate of the Wilmington State Port at

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34°11′29.578″ W, 077°56′55.240″ N State, local, or tribal government, in the Environment (Point 16); proceeding south aggregate, or by the private sector of The U.S. Coast Guard has considered approximately 750 yards to the $100,000,000 or more in any one year. the environmental impact of this rule southeast property corner of the Apex Though this rule would not result in and concluded that, under figure 2–1, facility at 34°11′10.936″ W, such an expenditure, we do discuss the ° ′ ″ paragraph (34)(g), of Commandant 077 57 04.798 N (Point 17); proceeding effects of this rule elsewhere in this Instruction M16475.lD, this rule is west to east bank of Cape Fear River at preamble. categorically excluded from further 34°11′11.092″ W, 077°57′17.146″ N Taking of Private Property environmental documentation. This rule (Point 18); and proceeding south along establishes a 6-month security zone. East bank of Cape Fear River to original This rule would not effect a taking of ° ′ ″ List of Subjects in 33 CFR Part 165 point of origin at 34 10 38.394 W, private property or otherwise have 077°57′16.248″ N (Point 1). taking implications under Executive Harbors, Marine safety, Navigation This security zone is in effect from 8 Order 12630, Governmental Actions and (water), Reporting and recordkeeping a.m. EST on June 13, 2003, to 11:59 p.m. requirements, Security measures, EST on December 13, 2003. Interference with Constitutionally Protected Property Rights. Waterways. Assistance for Small Entities Civil Justice Reform ■ For the reasons discussed in the Under section 213(a) of the Small preamble, the Coast Guard amends 33 Business Regulatory Enforcement This rule meets applicable standards CFR part 165 as follows: Fairness Act of 1996 (Public Law 104– in sections 3(a) and 3(b)(2) of Executive 121), the U.S. Coast Guard offer to assist Order 12988, Civil Justice Reform, to PART 165—REGULATED NAVIGATION small entities in understanding this rule minimize litigation, eliminate AREAS AND LIMITED ACCESS AREAS so that they can better evaluate its ambiguity, and reduce burden. ■ 1. The authority citation for part 165 effects on them and participate in the continues to read as follows: rulemaking process. If the rule will Protection of Children Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. affect your small business, organization, The U.S. Coast Guard has analyzed or governmental jurisdiction and you 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, this rule under Executive Order 13045, have questions concerning its and 160.5; Pub. L. 107–295, 116 Stat. 2064; Protection of Children from provisions or options for compliance, Department of Homeland Security Delegation Environmental Health Risks and Safety No. 0170.1. please contact the address listed under Risks. This rule is not an economically ADDRESSES. ■ 2. Add § 165.T05–073 to read as Small businesses may send comments significant rule and would not create an follows: on the actions of Federal employees environmental risk to health or risk to § 165.T05–073 Security Zone: Cape Fear who enforce, or otherwise determine safety that may disproportionately affect children. River, Eagle Island and North Carolina State compliance with, Federal regulations to Port Authority Terminal, Wilmington, NC. the Small Business and Agriculture Indian Tribal Governments (a) Location. The following area is a Regulatory Fairness Boards. The security zone: All waters and grounds, Ombudsman evaluates these actions This rule does not have tribal including the North Carolina State Port annually and rates each agency’s implications under Executive Order Authority Terminal and the southern responsiveness to small business. If you 13175, Consultation and Coordination portion of Eagle Island, encompassed by wish to comment on actions by with Indian Tribal Governments, a line connecting the following points: employees of the Coast Guard, call 1– because it would not have a substantial from South Wilmington Terminal at 888–REG–FAIR (1–888–734–3247). direct effect on one or more Indian 34°10′38.394″ W, 077°57′16.248″ N tribes, on the relationship between the Collection of Information (Point 1); across Cape Fear River to Federal Government and Indian tribes, Southern most entrance of Brunswick This rule would call for no new or on the distribution of power and River on the West Bank at 34°10′38.052″ collection of information under the responsibilities between the Federal W, 077°57′43.143″ N (Point 2); Paperwork Reduction Act of 1995 (44 Government and Indian tribes. U.S.C. 3501–3520). extending along the West bank of the Energy Effects Brunswick River for approximately 750 Federalism yards to 34°10′57.062″ W, A rule has implications for federalism The U.S. Coast Guard has analyzed 077°58′01.342° N (Point 3); proceeding under Executive Order 13132, this rule under Executive Order 13211, north across the Brunswick River to the Federalism, if it has a substantial direct Actions Concerning Regulations That east bank at 34°11′04.846″ W, effect on State or local governments and Significantly Affect Energy Supply, 077°58′02.861″ N (Point 4); continuing would either preempt State law or Distribution, or Use. The U.S. Coast north on the east bank for impose a substantial direct cost of Guard has determined that it is not a approximately 5000 yards along Eagle compliance on them. The U.S. Coast ‘‘significant energy action’’ under that Island to 34°13′17.815″ W, Guard has analyzed this rule under that order because it is not a ‘‘significant 077°58′30.671″ N (Point 5), proceeding Order and have determined that it does regulatory action’’ under Executive east to 34°13′19.488″ W, 077°58′24.414″ not have implications for federalism. Order 12866 and is not likely to have a N (Point 6); then approximately 1700 significant adverse effect on the supply, yards to 34°13′27.169″ W, Unfunded Mandates Reform Act distribution, or use of energy. The 077°57′51.753″ N (Point 7); proceeding The Unfunded Mandates Reform Act Administrator of the Office of east to 34°13′21.226″ W, 077°57′19.264″ of 1995 (2 U.S.C. 1531–1538) requires Information and Regulatory Affairs has N (Point 8); then across Cape Fear River Federal agencies to assess the effects of not designated it as a significant energy to the northeast corner of the Colonial their discretionary regulatory actions. In action. Therefore, it does not require a Terminal Pier at 34°13′18.724″ W, particular, the Act addresses actions Statement of Energy Effects under 077°57′07.401″ N (Point 9) 800 yards that may result in the expenditure by a Executive Order 13211. south of Cape Fear Memorial Bridge;

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proceeding south along shoreline (east Dated: June 13, 2003. immediate action is necessary to protect bank) of Cape Fear River for Jane M. Hartley, the public, spectators and participants approximately 500 yards; proceeding Captain, U.S. Coast Guard, Captain of the in the event. east inland to Wilmington State Port Port, Wilmington, North Carolina. For the same reasons, under 5 U.S.C. property line at 34°13′03.196″ W, [FR Doc. 03–17836 Filed 7–14–03; 8:45 am] 553(d)(3), the Coast Guard finds that ° ′ ″ 077 56 52.211 N (Point 10); extending BILLING CODE 4910–15–P good cause exists for making this rule south along Wilmington State Port effective less than 30 days after property line to 34°12′43.409″ W, publication in the Federal Register. 077°56′50.815″ N (Point 11); proceeding DEPARTMENT OF HOMELAND to the north entrance of Wilmington SECURITY Background and Purpose State Port at 34°12′28.854″ W, Red Bull Wings Over Cleveland is an 077°57′01.017″ N (Point 12); proceeding Coast Guard aerial paragliding and skydiving south along Wilmington State Port competition over Cleveland Harbor. property line to 34°12′20.819″ W, 33 CFR Part 165 Competitors will launch from either a ° ′ ″ 077 57 08.871 N (Point 13); continuing [CGD09–03–232] barge moored approximately one mile south along the Wilmington State Port off Voinovich Park in Lake Erie, or from property line to 34°12′08.164″ W, RIN 1625–AA00 an airplane, and attempt to land on 077°57′08.530″ N (Point 14); continuing Safety Zone; Red Bull Wings Over another barge moored approximately along State Port property to Cleveland, Cleveland, OH 100 ft off Voinovich Park. A safety zone 34°11′44.426″ W, 077°56′55.003″ N will be established around both barges (Point 15); proceeding south to the main AGENCY: Coast Guard, DHS. to protect competitors and course gate of the Wilmington State Port at ACTION: Temporary final rule. obstacles (wind blades and landing zone 34°11′29.578″ W, 077°56′55.240″ N markers) from excessive speed and (Point 16); proceeding south SUMMARY: The Coast Guard will wakes, and to prevent interference with approximately 750 yards to the establish two safety zones during the the competition. southeast property corner of the Apex Red Bull Wings Over Cleveland in Lake facility at 34°11′10.936″ W, Erie and the Port of Cleveland, Ohio. Discussion of Proposed Rule 077°57′04.798″ N (Point 17); proceeding These safety zones are necessary to The safety zones will be established west to east bank of Cape Fear River at control vessel traffic within the from 7 a.m. on Thursday, July 31, 2003 34°11′11.092″ W, 077°57′17.146″ N immediate vicinity of both barges to until 9 p.m. on Saturday, August 2, (Point 18); and proceeding south along protect competitors and course obstacles 2003. The safety zones will be East bank of Cape Fear River to original (wind blades and landing zone markers) established around the two barges used point of origin at 34°10′38.394″ W, from excessive speed and wakes, and to for the competition. No vessel shall 077°57′16.248″ N (Point 1). prevent interference with the enter the safety zone without the (b) Captain of the Port. For purposes competition. These safety zone are permission of the COTP or the on-scene of this section, Captain of the Port intended to restrict vessel traffic from a representative, the Patrol Commander. portion of Cleveland Harbor, Lake Erie. means the Commanding Officer of the Regulatory Evaluation Marine Safety Office Wilmington, NC, DATES: This rule is effective from 7 a.m. or any Coast Guard commissioned, on Thursday, July 31, 2003 through 9 This rule is not a ‘‘significant warrant, or petty officer who has been p.m. on Saturday, August 2, 2003. regulatory action’’ under section 3(f) of authorized to act on her behalf. ADDRESSES: Documents indicated in this Executive Order 12866 and does not (c) Regulations. (1) All persons are preamble as being available in the require an assessment of potential costs required to comply with the general docket are part of docket CGD09–03– and benefits under section 6(a)(3) of that regulations governing security zones in 232 and are available for inspection or order. The Office of Management and 33 CFR 165.33. copying at Coast Guard MSO Cleveland Budget has not reviewed this rule under that Order. It is not significant under the (2) Persons or vessels requiring entry between 8 a.m. and 3:30 p.m., Monday regulatory policies and procedures of into or passage within the zone must through Friday, except Federal holidays. the Department of Homeland Security first request authorization from the FOR FURTHER INFORMATION CONTACT: (DHS). Captain of the Port or her designated Lieutenant Allen Turner, Chief Port representative. The Captain of the Port’s Operations Department, Coast Guard We expect the economic impact of representative enforcing the zone can be MSO Cleveland at (216) 937–0128. this proposed rule to be so minimal that contacted on VHF marine band radio, SUPPLEMENTARY INFORMATION: a full Regulatory Evaluation under the regulatory policies and procedures of channel 16. The Captain of the Port can Regulatory Information be contacted at (910) 772–2200. DHS is unnecessary. We did not publish a notice of This determination is based on the (3) The operator of any vessel within proposed rulemaking (NPRM) for this size and location of the safety zones this security zone shall: regulation. Under 5 U.S.C. 553(b)(B), the within the waterways. (i) Stop the vessel immediately upon Coast Guard finds that good cause exists Small Entities being directed to do so by the Captain for not publishing an NPRM. This of the Port or her designated determination was based on the size and Under the Regulatory Flexibility Act representative. location of the safety zones within the (5 U.S.C. 601–612), we have considered (ii) Proceed as directed by the Captain waterways, and vessels can still transit whether this rule would have a of the Port or her designated around the safety zones. More significant impact on a substantial representative. importantly, publishing an NPRM, number of small entities. The term (d) Effective period. This section is which would incorporate a comment ‘‘small entities’’ comprises small effective from 8 a.m. EST on June 13, period before a final rule could be businesses, not-for-profit organizations 2003, to 11:59 p.m. EST on December issued, and delaying the rule’s effective that are independently owned and 13, 2003. date is contrary to public safety because operated and are not dominant in their

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fields, and governmental jurisdictions Unfunded Mandates Reform Act significant energy action. Therefore, it with populations of less than 50,000. The Unfunded Mandates Reform Act does not require a Statement of Energy The Coast Guard certifies under 5 of 1995 (2 U.S.C. 1531–1538) requires Effects under Executive Order 13211. U.S.C. 605(b) that this rule would not Federal agencies to assess the effects of Environment have a significant economic impact on their discretionary regulatory actions. In We have considered the a substantial number of small entities. particular, the Act addresses actions environmental impact of this rule under This rule would affect the following that may result in the expenditure by a State, local, or tribal government, in the Commandant Instruction M16475.1C, entities, some of which might be small which guides the Coast Guard in entities: The owners or operators of aggregate, or by the private sector of $100,000,000 or more in any one year. complying with the National commercial vessels intending to transit Environmental Policy Act of 1969 a portion of the safety zones. Though this rule would not result in such an expenditure, we do discuss the (NEPA) (42 U.S.C. 4321–4370f), and These safety zones would not have a effects of this rule elsewhere in this have concluded that there are no factors significant economic impact on a preamble. in this case that would limit the use of substantial number of small entities for categorical exclusion under Section the following reasons: The safety zones Taking of Private Property 2.B.2 of the Instruction. Therefore, this do not block a navigable channel and This rule would not effect a taking of rule is categorically excluded under vessels can safely transit around the private property or otherwise have Figure 2–1, paragraph 35(a) of the safety zones. Before the effective period, taking implications under Executive Instruction, from further environmental the Coast Guard will issue maritime Order 12630, Governmental Actions and documentation. A written categorical advisories to users who might be Interference with Constitutionally exclusion determination is available in impacted through notification in the Protected Property Rights. the docket for inspection or copying Federal Register, the Ninth Coast Guard where indicated under ADDRESSES. Civil Justice Reform District Local Notice to Mariners, and List of Subjects in 33 CFR Part 165 through Marine Information Broadcasts. This rule meets applicable standards Additionally, the Coast Guard has not in sections 3(a) and 3(b) (2) of Executive Harbors, Marine safety, Navigation received any reports from small entities Order 12988, Civil Justice Reform, to (water), Reporting and recordkeeping negatively affected during previous minimize litigation, eliminate requirements, Waterways. similar events. ambiguity, and reduce burden. ■ For the reasons discussed in the If you think that your business, Protection of Children preamble, the Coast Guard amends 33 CFR part 165 as follows: organization, or governmental The Coast Guard has analyzed this jurisdiction qualifies as a small entity rule under Executive Order 13045, PART 165—REGULATED NAVIGATION and that this rule would have a Protection of Children from AREAS AND LIMITED ACCESS AREAS significant economic impact on it, Environmental Health Risks and Safety please submit a comment (see Risks. This rule is not an economically ■ 1. The authority citation for part 165 ADDRESSES) explaining why you think it significant rule and does not concern an continues to read as follows: qualifies and how and to what degree environmental risk to health or risk to Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. this rule would economically affect it. safety that may disproportionately affect Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), Assistance for Small Entities children. 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Indian Tribal Governments Under section 213(a) of the Small Security Delegation No. 0170.1. Business Regulatory Enforcement This rule does not have tribal ■ 2. From 7 a.m. on July 31, 2003 through Fairness Act of 1996 (Pub. L. 104–121), implications under Executive Order 9 p.m. on August 2, 2003 add temporary we want to assist small entities in 13175, Consultation and Coordination § 165.T09–232 to read as follows: understanding this rule so that they can with Indian Tribal Governments, better evaluate its effects and participate because it would not have a substantial § 165.T09–232 Safety Zones; Red Bull in the rulemaking process. If the rule direct effect on one or more Indian Wings Over Cleveland, Cleveland, OH. would affect your small business, tribes, on the relationship between the (a) Location. The following areas are organization, or governmental Federal Government and Indian tribes, safety zones: jurisdiction and you have questions or on the distribution of power and (1) All waters of Cleveland Harbor concerning its provisions or options for responsibilities between the Federal bounded by the arc of a circle with a compliance, please contact Marine Government and Indian tribes. 200-yard radius with its center at ° ′ ″ Safety Office Cleveland (see approximate position 41 30 41 N, Energy Effects ° ′ ″ ADDRESSES.) 081 41 51 W. These coordinates are The Coast Guard has analyzed this based upon North American Datum Collection of Information rule under Executive Order 13211, 1983 (NAD 83). Actions Concerning Regulations That (2) All waters of Lake Erie bounded by This rule would call for no new Significantly Affect Energy Supply, the arc of a circle with a 200-yard radius collection of information under the Distribution, or Use. We have with its center at approximate position Paperwork Reduction Act of 1995 (44 determined that it is not a ‘‘significant 41°31′23′′ N, 081°42′30′′ W (NAD 83). U.S.C. 3501–3520). energy action’’ under that Order because (b) Enforcement period. This section Federalism it is not a ‘‘significant regulatory action’’ will be in effect from 7 a.m. on under Executive Order 12866 and is not Thursday, July 31, 2003 until 9 p.m. on We have analyzed this rule under likely to have a significant adverse effect Saturday, August 2, 2003. Executive Order 13132 and have on the supply, distribution, or use of (c) Regulations. No vessel shall enter determined that this rule does not have energy. It has not been designated by the the safety zones. Permission to deviate implications for federalism under that Administrator of the Office of from the above rules must be obtained Order. Information and Regulatory Affairs as a from the Captain of the Port or the

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Patrol Commander via VHF/FM radio, operations and national security. dominant in their fields, and Channel 16 or by telephone at (216) Accordingly, based on the military governmental jurisdictions with 937–0111. function exception set forth in the populations of less than 50,000. Dated: July 2, 2003. Administrative Procedure Act, 5 U.S.C. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have Lorne W. Thomas, 553(a)(1), notice and comment rule- making and advance publication, a significant economic impact on a Commander, U.S. Coast Guard, Captain of substantial number of small entities. the Port Cleveland. pursuant to 5 U.S.C. 553(b) and (d), are not required for this regulation. This This rule will affect the following [FR Doc. 03–17835 Filed 7–14–03; 8:45 am] temporary security zone is necessary to entities, some of which may be small BILLING CODE 4910–15–P provide for the security of the United entities: the owners and operators of States. vessels intending to transit or anchor within the security zone while it is in DEPARTMENT OF HOMELAND Background and Purpose effect. The security zone encompasses SECURITY The security zone is designed to the water areas of Beaufort Inlet and Coast Guard prevent access by unauthorized persons Bogue Sound within a line connecting who may attempt to enter the secure the following points: beginning at ° ′ ″ ° ′ ″ 33 CFR Part 165 area via Bogue Sound and the North 34 42 53 N, 076 41 12 W (Point 1); Carolina State Port Authority terminal. extending north along the western shore [CGD05–03–072] of Radio Island to 34°43′24″ N, Discussion of Rule ° ′ ″ RIN 1625–AA00 076 41 9 W (Point 2); extending For security reasons, this rule limits westward 2300 yards to 34°43′16″ N, Security Zone; Bogue Sound, access to the regulated area to those 076°42′48″ W (Point 3); extending Morehead City, NC vessels and persons authorized to enter approximately 400 yards west to and operate within the security zone. 34°43′8″ N, 076°43′ W (Point 4); AGENCY: Coast Guard, DHS. The Captain of the Port or her extending south approximately 760 ACTION: Temporary final rule. designated representative may authorize yards to 34°42′74″ N, 076°83′ W (Point access to the security zone. Mariners 5); extending southeast approximately SUMMARY: The Coast Guard is must contact the control vessel on VHF- 2450 yards to 34°41′94″ N, 076°41′68″ W establishing a temporary security zone FM channel 16 to request access to (Point 6); extending northeast around the grounds of the North transit through the regulated area. In approximately 1000 yards 34°42′53″ N, Carolina State Port Authority Terminal addition, the Coast Guard will make 076°41′12″ W (Point 1). And personnel at Morehead City south of Highway 70 notifications via maritime advisories. attempting to enter the portion of the and the waters of Beauford Inlet Bogue grounds of the North Carolina State Port Regulatory Evaluation Sound. This action is necessary to Authority Terminal at Morehead City provide security for vessels involved in This proposed rule is not a south of Highway 70 while the security loading or offloading operations and the ‘‘significant regulatory action’’ under zone is in effect. State Port Authority Terminal during a section 3(f) of Executive Order 12866, military operation. The security zone Regulatory Planning and Review, and Assistance for Small Entities will prevent access to unauthorized does not require an assessment of Under section 213(a) of the Small persons who may attempt to enter the potential costs and benefits under Business Regulatory Enforcement secure area via Bogue Sound or the section 6(a)(3) of that Order. The Office Fairness Act of 1996 (Pub. L. 104–121), North Carolina State Port Authority of Management and Budget has not we offer to assist small entities in Terminal. reviewed it under that Order. It is not understanding this rule so that they can DATES: This rule is effective from 8 a.m. ‘‘significant’’ under the regulatory better evaluate its effects on them and EST on June 13, 2003, to 11:59 p.m. EST policies and procedures of the participate in the rulemaking process. If on December 13, 2003. Department of Homeland Security the rule will affect your small business, (DHS). organization, or governmental ADDRESSES: Documents indicated in this Although this regulation restricts jurisdiction and you have questions preamble as being available in the access to the regulated area, the effect of concerning its provisions or options for docket are part of docket CGD–05–03– this regulation will not be significant compliance, please contact the address 072 and are available for inspection or because: (i) The COTP or her listed under ADDRESSES. copying at Coast Guard Marine Safety representative may authorize access to Small businesses may send comments Office, 721 Medical Center Drive, Suite the security zone; (ii) the security zone on the actions of Federal employees 100, Wilmington, North Carolina 28401, will be in effect for limited duration; who enforce, or otherwise determine between 9:30 a.m. and 2 p.m., Monday and (iii) the Coast Guard will make compliance with, Federal regulations to through Friday, except Federal holidays. notifications via maritime advisories so the Small Business and Agriculture FOR FURTHER INFORMATION CONTACT: mariners can adjust their plans Regulatory Fairness Boards. The Ensign Diego Benavides, Port Security, accordingly. Ombudsman evaluates these actions (910) 772–2232. annually and rates each agency’s Small Entities SUPPLEMENTARY INFORMATION: responsiveness to small business. If you Under the Regulatory Flexibility Act Regulatory Information wish to comment on actions by (5 U.S.C. 601–612), we have considered employees of the Coast Guard, call 1– We did not publish a notice of whether this proposed rule would have 888–REG–FAIR (1–888–734–3247). proposed rulemaking (NPRM) for this a significant economic impact on a regulation. The Coast Guard is substantial number of small entities. Collection of Information promulgating these security zone The term ‘‘small entities’’ comprises This rule would call for no new regulations to protect vessels loading or small businesses, not-for-profit collection of information under the offloading and the surrounding vicinity organizations that are independently Paperwork Reduction Act of 1995 (44 for reasons directly related to military owned and operated and are not U.S.C. 3501–3520).

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Federalism Significantly Affect Energy Supply, (Point 6); and extending northeast Distribution, or Use. We have approximately 1000 yards to 34°42′53″ A rule has implications for federalism ° ′ ″ under Executive Order 13132, determined that it is not a ‘‘significant N, 076 41 12 W (Point 1). Federalism, if it has a substantial direct energy action’’ under that order because (b) Captain of the Port. For the effect on State or local governments and it is not a ‘‘significant regulatory action’’ purposes of this section, Captain of the would either preempt State law or under Executive Order 12866 and is not Port means the Commanding Officer of the Marine Safety Office Wilmington, impose a substantial direct cost of likely to have a significant adverse effect NC, or any Coast Guard commissioned, compliance on them. We have analyzed on the supply, distribution, or use of warrant, or petty officer who has been this rule under that Order and have energy. The Administrator of the Office of Information and Regulatory Affairs authorized to act on her behalf. determined that it does not have (c) Regulations. (1) All persons are implications for federalism. has not designated it as a significant energy action. Therefore, it does not required to comply with the general Unfunded Mandates Reform Act require a Statement of Energy Effects regulations governing security zones in The Unfunded Mandates Reform Act under Executive Order 13211. 33 CFR 165.33. (2) Persons or vessels requiring entry of 1995 (2 U.S.C. 1531–1538) requires Environment into or passage within the zone must Federal agencies to assess the effects of first request authorization from the their discretionary regulatory actions. In We have considered the Captain of the Port or her designated particular, the Act addresses actions environmental impact of this rule and representative. The Captain of the Port’s that may result in the expenditure by a concluded that, under figure 2–1, representative enforcing the zone can be State, local, or tribal government, in the paragraph (34)(g), of Commandant contacted on VHF marine band radio, aggregate, or by the private sector of Instruction M16475.1D, this rule is categorically excluded from further channel 16. The Captain of the Port can $100,000,000 or more in any one year. be contacted at (910) 231–1847. Though this rule would not result in environmental documentation. This rule establishes a 6-month security zone. (3) The operator of any vessel within such an expenditure, we do discuss the this security zone must: effects of this rule elsewhere in this List of Subjects in 33 CFR Part 165 (i) stop the vessel immediately upon preamble. Harbors, Marine safety, Navigation being directed to do so by the Captain Taking of Private Property (water), Reporting and recordkeeping of the Port or her designated representative. This rule would not effect a taking of requirements, Security measures, Waterways. (ii) proceed as directed by the Captain private property or otherwise have of the Port or her designated taking implications under Executive ■ For the reasons discussed in the representative. Order 12630, Governmental Actions and preamble, the Coast Guard amends 33 (d) Effective period. This section is in Interference with Constitutionally CFR part 165 as follows: effect from 8 a.m. EST on June 13, 2003, Protected Property Rights. to 11:59 p.m. EST on December 13, Civil Justice Reform PART 165—REGULATED NAVIGATION 2003. AREAS AND LIMITED ACCESS AREAS This rule meets applicable standards Dated: June 13, 2003. in sections 3(a) and 3(b)(2) of Executive ■ 1. The authority citation for part 165 Jane M. Hartley, Order 12988, Civil Justice Reform, to continues to read as follows: Captain, Coast Guard, Captain of the Port, minimize litigation, eliminate Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Wilmington, North Carolina. ambiguity, and reduce burden. Chapter 701; 50 U.S.C. 191, 195; 33 CFR [FR Doc. 03–17834 Filed 7–14–03; 8:45 am] 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. BILLING CODE 4910–15–P Protection of Children 107–295, 116 Stat. 2064; Department of We have analyzed this rule under Homeland Security Delegation No. 0170. Executive Order 13045, Protection of ■ 2. Add § 165.T05–072 to read as DEPARTMENT OF HOMELAND Children from Environmental Health follows: SECURITY Risks and Safety Risks. This rule is not an economically significant rule and § 165.T05–072 Security Zone: Bogue Coast Guard would not create an environmental risk Sound and North Carolina State Port Authority Terminal, Morehead City, NC. to health or risk to safety that may 33 CFR Part 165 (a) Location. The following area is a disproportionately affect children. [CGD05–03–074] security zone: All waters and grounds Indian Tribal Governments within the North Carolina State Port RIN 1625–AA00 This rule does not have tribal Authority Terminal south of Highway Security Zone; Military Ocean Terminal implications under Executive Order 70; and all waters of Beaufort Inlet and Sunny Point, Cape Fear River, 13175, Consultation and Coordination Bogue Sound encompassed by a line Brunswick County, NC with Indian Tribal Governments, connecting the following points: ° ′ ″ ° ′ ″ because it would not have a substantial beginning at 34 42 53 N, 076 41 12 W AGENCY: Coast Guard, DHS. direct effect on one or more Indian (Point 1); extending north along the ACTION: Temporary final rule. tribes, on the relationship between the western shore of Radio Island to Federal Government and Indian tribes, 34°43′24″ N, 076°41′9″ W (Point 2); SUMMARY: The Coast Guard is or on the distribution of power and extending westward 2300 yards to establishing a temporary security zone responsibilities between the Federal 34°43′16″ N, 076°42′48″ W (Point 3); for the Military Ocean Terminal Sunny Government and Indian tribes. extending approximately 400 yards west Point, North Carolina. This action is to 34°43′8″ N, 076°43′ W (Point 4); necessary to provide security for the Energy Effects extending south approximately 760 facility during a military operation. The We have analyzed this rule under yards to 34°42′74″ N, 076°83′ W (Point security zone will prevent access to Executive Order 13211, Actions 5); extending southeast approximately unauthorized persons who may attempt Concerning Regulations That 2450 yards to 34°41′94″ N, 076°41′68″ W to enter the secure area via the Cape

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Fear River and waters adjacent to section 6(a)(3) of that Order. The Office who enforce, or otherwise determine Military Ocean Terminal Sunny Point. of Management and Budget has not compliance with, Federal regulations to DATES: This rule is effective from 8 a.m. reviewed it under that Order. It is not the Small Business and Agriculture EST on June 13, 2003, to 11:59 p.m. EST ‘‘significant’’ under the regulatory Regulatory Fairness Boards. The on December 13, 2003. policies and procedures of the Ombudsman evaluates these actions ADDRESSES: Documents indicated in this Department of Homeland Security annually and rates each agency’s preamble as being available in the (DHS). responsiveness to small business. If you Although this regulation restricts docket are part of docket CGD05–03– wish to comment on actions by access to the regulated area, the effect of 074 and are available for inspection or employees of the Coast Guard, call 1– this regulation will not be significant copying at Coast Guard Marine Safety 888–REG–FAIR (1–888–734–3247). because: (i) The COTP or her Office, 721 Medical Center Drive, Suite representative may authorize access to Collection of Information 100, Wilmington, North Carolina 28401, the security zone; (ii) the security zone between 9:30 a.m. and 2 p.m., Monday This rule would call for no new will be in effect for limited duration; through Friday, except Federal holidays. collection of information under the and (iii) the Coast Guard will make Paperwork Reduction Act of 1995 (44 FOR FURTHER INFORMATION CONTACT: notifications via maritime advisories so U.S.C. 3501–3520). Ensign Diego Benavides, Port Security, mariners can adjust their plans (910) 772–2232. accordingly. Federalism SUPPLEMENTARY INFORMATION: Small Entities A rule has implications for federalism under Executive Order 13132, Regulatory Information Under the Regulatory Flexibility Act Federalism, if it has a substantial direct We did not publish a notice of (5 U.S.C. 601–612), we have considered effect on State or local governments and proposed rulemaking (NPRM) for this whether this proposed rule would have would either preempt State law or regulation. The Coast Guard is a significant economic impact on a impose a substantial direct cost of promulgating these security zone substantial number of small entities. compliance on them. We have analyzed regulations to protect Military Ocean The term ‘‘small entities’’ comprises this rule under that Order and have Terminal Sunny Point, NC, and the small businesses, not-for-profit determined that it does not have surrounding vicinity for reasons directly organizations that are independently implications for federalism. related to military operations and owned and operated and are not national security. Accordingly, based on dominant in their fields, and Unfunded Mandates Reform Act the military function exception set forth governmental jurisdictions with The Unfunded Mandates Reform Act in the Administrative Procedure Act, 5 populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires U.S.C. 553(a)(1), notice-and-comment The Coast Guard certifies under 5 Federal agencies to assess the effects of rulemaking and advance publication, U.S.C. 605(b) that this rule will not have their discretionary regulatory actions. In pursuant to 5 U.S.C. 553(b) and (d), are a significant economic impact on a particular, the Act addresses actions not required for this regulation. This substantial number of small entities. that may result in the expenditure by a temporary security zone is necessary to This rule will affect the following State, local, or tribal government, in the provide for the security of the United entities, some of which may be small aggregate, or by the private sector of States. entities: the owners and operators of vessels intending to transit or anchor in $100,000,000 or more in any one year. Background and Purpose the vicinity of Military Ocean Terminal Though this rule would not result in The security zone will prevent access Sunny Point, and entering an area such an expenditure, we do discuss the to unauthorized persons who may encompassed by a line connecting the effects of this rule elsewhere in this attempt to enter the secure area via the following points: The northern tip of the preamble. Cape Fear River and waters adjacent to security zone is at 34°02′02″ N, Taking of Private Property Military Ocean Terminal Sunny Point, 077°56′36″ W near Light 9; extending NC. south along the shore to 34°00′00″ N, This rule would not effect a taking of 077°57′15″ W; proceeding to the private property or otherwise have Discussion of Rule southern most tip of the zone at taking implications under Executive For security reasons, this rule limits 33°59′10″ N, 077°57′0″ W at Light 71; Order 12630, Governmental Actions and access to the regulated area to those and then proceeding north to 34§ 00’39’’ Interference with Constitutionally vessels and persons authorized to enter N, 077°56′ 25″ W at Buoy 31. Protected Property Rights. and operate within the security zone. Civil Justice Reform The Captain of the Port or her Assistance for Small Entities designated representative may authorize Under section 213(a) of the Small This rule meets applicable standards access to the security zone. Mariners Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive must contact the control vessel on VHF- Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to FM channel 16 to request access to we offer to assist small entities in minimize litigation, eliminate transit through the regulated area. In understanding this rule so that they can ambiguity, and reduce burden. addition, the Coast Guard will make better evaluate its effects on them and Protection of Children notifications via maritime advisories. participate in the rulemaking process. If the rule will affect your small business, We have analyzed this rule under Regulatory Evaluation organization, or governmental Executive Order 13045, Protection of This proposed rule is not a jurisdiction and you have questions Children from Environmental Health ‘‘significant regulatory action’’ under concerning its provisions or options for Risks and Safety Risks. This rule is not section 3(f) of Executive Order 12866, compliance, please contact the address an economically significant rule and Regulatory Planning and Review, and listed under ADDRESSES. would not create an environmental risk does not require an assessment of Small businesses may send comments to health or risk to safety that may potential costs and benefits under on the actions of Federal employees disproportionately affect children.

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Indian Tribal Governments encompassed by a line connecting the Jersey Radio Partners, Inc, substitutes This rule does not have tribal following points: the northern tip of the Channel 300A for Channel 299B at security zone is at 34°02′02″ N, Bridgeton, New Jersey, reallots Channel implications under Executive Order ° ′ ″ 13175, Consultation and Coordination 077 56 36 W near Light 9, extending 300A from Bridgeton to Pennsauken, south along the shore to 34°00′00″ N, New Jersey, as the community’s first with Indian Tribal Governments, ° ′ ″ because it would not have a substantial 077 57 15 W;, proceeding to the local transmission service, and modifies southern most tip of the zone at the license for Station WSNJ–FM to direct effect on one or more Indian ° ′ ″ ° ′ ″ tribes, on the relationship between the 33 59 10 N, 077 57 0 W at Light 71; reflect the change. Opposing comments and then proceeding north to 34°00′39″ were filed by the School District of Federal Government and Indian tribes, ° ′ ″ or on the distribution of power and N, 077 56 25 W at Buoy 31. Haverford Township, licensee of Class D responsibilities between the Federal (b) Captain of the Port. For purposes Station WHHS, Channel 300D, Government and Indian tribes. of this section, Captain of the Port Havertown, Pennsylvania, West means the Commanding Officer of the Windsor Plainsboro Regional School Energy Effects Marine Safety Office Wilmington, NC, District, licensee of Class D Station We have analyzed this rule under or any Coast Guard commissioned, WWPH, Channel 300D, Princeton, New Executive Order 13211, Actions warrant, or petty officer who has been Jersey, and David Brouda and David C. Concerning Regulations That authorized to act on her behalf. Weston, former students at Haverford Significantly Affect Energy Supply, (c) Regulations. (1) All persons are Township. Channel 300A is allotted at Distribution, or Use. We have required to comply with the general Pennsauken at a site 6.1 kilometers (3.8 determined that it is not a ‘‘significant regulations governing security zones in miles) northeast of the community at energy action’’ under that order because 33 CFR 165.33. coordinates 40–00–12 NL and 75–01–19 it is not a ‘‘significant regulatory action’’ (2) Persons or vessels requiring entry WL. under Executive Order 12866 and is not into or passage within the zone must DATES: Effective August 7, 2003. first request authorization from the likely to have a significant adverse effect ADDRESSES: Secretary, Federal on the supply, distribution, or use of Captain of the Port or her designated representative. The Captain of the Port’s Communications Commission, energy. The Administrator of the Office Washington, DC 20554. of Information and Regulatory Affairs representative enforcing the zone can be has not designated it as a significant contacted on VHF marine band radio, FOR FURTHER INFORMATION CONTACT: energy action. Therefore, it does not channel 16. The Captain of the Port can Victoria M. McCauley, Media Bureau, require a Statement of Energy Effects be contacted at (910) 231–1847. (202) 418–2180. under Executive Order 13211. (3) The operator of any vessel within SUPPLEMENTARY INFORMATION: This is a this security zone must: synopsis of the Commission’s Report Environment (i) Stop the vessel immediately upon and Order, MB Docket No. 02–382, We have considered the being directed to do so by the Captain adopted June 18, 2003, and released environmental impact of this rule and of the Port or her designated June 23, 2003. The full text of this concluded that, under figure 2–1, representative. Commission decision is available for paragraph (34)(g), of Commandant (ii) Proceed as directed by the Captain inspection and copying during normal Instruction M16475.lD, this rule is of the Port or her designated business hours in the FCC’s Reference categorically excluded from further representative. Information Center at Portals II, CY– environmental documentation. This rule (d) Effective period. This section is in A257, 445 Twelfth Street, SW., establishes a 6-month security zone. effect from 8 a.m. EST, on June 13, 2003, Washington, DC. This document may to 11:59 p.m. EST, on December 13, also be purchased from the List of Subjects in 33 CFR Part 165 2003. Commission’s duplicating contractors, Harbors, Marine safety, Navigation Dated: June 13, 2003. Qualex International, Portals II, 445 (water), Reporting and recordkeeping Jane M. Hartley, 12th Street SW., Room CY–B402, requirements, Security measures, Captain, Coast Guard, Captain of the Port, Washington, DC 20554, telephone 202– Waterways. Wilmington, North Carolina. 863–2893, or via e-mail ■ For the reasons discussed in the [FR Doc. 03–17833 Filed 7–14–03; 8:45 am] [email protected] preamble, the Coast Guard amends 33 BILLING CODE 4910–15–P List of Subjects in 47 CFR Part 73 CFR part 165 as follows: Radio, Radio broadcasting. PART 165—REGULATED NAVIGATION ■ Part 73 of Title 47 of the Code of AREAS AND LIMITED ACCESS AREAS FEDERAL COMMUNICATIONS COMMISSION Federal Regulations is amended as ■ 1. The authority citation for part 165 follows: continues to read as follows: 47 CFR Part 73 PART 73—RADIO BROADCAST Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. [DA 03–2038; MM Docket No. 02–382; RM– SERVICES Chapter 701; 50 U.S.C. 191, 195; 33 CFR 10615] 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. ■ 1. The authority citation for Part 73 107–295, 116 Stat. 2064; Department of Radio Broadcasting Services; continues to read as follows: Homeland Security Delegation No. 0170.1. Bridgeton, Pennsauken, NJ Authority: 47 U.S.C. 154, 303, 334 and 336. ■ 2. Add § 165.T05–074 to read as AGENCY: follows: Federal Communications § 73.202 [Amended] Commission. ■ § 165.T05–074 Security Zone: Military ACTION: Final rule. 2. Section 73.202(b), the Table of FM Ocean Terminal Sunny Point and Lower Allotments under New Jersey, is Cape Fear River, NC. SUMMARY: This document at the request amended by removing Bridgeton, (a) Location. The following area is a of Cohanzick Broadcasting Corporation, Channel 300A and by adding security zone: The area and waters licensee of Station WSNJ–FM and New Pennsauken, Channel 300A.

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Federal Communications Commission. 6733; Bridget Mansfield, Alaska Region, required to comply with certain John A. Karousos, 907–586–7642. Individuals who use a provisions of the MMPA, such as Assistant Chief, Audio Division, Media telecommunications device for the deaf registration, observer coverage, and take Bureau. may call the Federal Information Relay reduction plan requirements. Service at 1–800–877–8339 between 8 [FR Doc. 03–17832 Filed 7–14–03; 8:45 am] How Does NMFS Determine in Which a.m. and 4 p.m. Eastern time, Monday BILLING CODE 6712–01–P Category a Fishery Is Placed? through Friday, excluding Federal holidays. The definitions for the fishery classification criteria can be found in DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: the implementing regulations for section Information may be obtained at the 118 of the MMPA (50 CFR 229.2). The National Oceanic and Atmospheric following offices: Administration criteria are also summarized in the NMFS, Northeast Region, One response to comment 1 in the preamble Blackburn Drive, Gloucester, MA 50 CFR Part 229 below. 01930–2298, Attn: Marcia Hobbs. [021213308–3165–02, I.D. 111802B] NMFS, Southeast Region, 9721 How Do I Find Out if a Specific Fishery Executive Center Drive North, St. Is in Category I, II, or III? RIN 0648–AQ60 Petersburg, FL 33702, Attn: Teletha This final rule includes two tables List of Fisheries for 2003 Griffin. that list all U.S. commercial fisheries by NMFS, Southwest Region, Protected LOF Category. Table 1 lists all of the AGENCY: National Marine Fisheries Species Management Division, 501 W. fisheries in the Pacific Ocean (including Service (NMFS), National Oceanic and Ocean Blvd., Suite 4200, Long Beach, Alaska). Table 2 lists all of the fisheries Atmospheric Administration (NOAA), CA 90802–4213, Attn: Don Peterson. in the Atlantic Ocean, Gulf of Mexico, Commerce. NMFS, Northwest Region, 7600 Sand and Caribbean. ACTION: Final rule. Point Way NE., Seattle, WA 98115, Attn: Permits Office. Am I Required To Register Under the SUMMARY: The National Marine NMFS, Alaska Region, Protected MMPA? Fisheries Service (NMFS) is publishing Resources, P.O. Box 22668, 709 West Owners of vessels or gear engaging in its final List of Fisheries (LOF) for 2003 9th Street, Juneau, AK 99802. a Category I or II fishery are required as required by the Marine Mammal Compliance Date for Registration under the MMPA (16 U.S.C. 1387(c)(2)), Protection Act (MMPA). The final LOF Under the MMPA as described in 50 CFR 229.4, to register for 2003 reflects new information on with NMFS and obtain a marine interactions between commercial Compliance with the requirement to mammal authorization from NMFS in fisheries and marine mammals. Under register with NMFS and to obtain an order to lawfully incidentally take a the MMPA, NMFS must place each authorization certificate is not required marine mammal in a commercial commercial fishery on the LOF into one until January 1, 2004, for fisheries fishery. Owners of vessels or gear of three categories based upon the level elevated to Category II in this final rule. engaged in a Category III fishery are not of serious injury and mortality of marine These fisheries are: Gulf of Mexico required to register with NMFS or mammals that occurs incidental to that gillnet fishery; California yellowtail, obtain a marine mammal authorization. fishery. The categorization of a fishery barracuda, white seabass, tuna drift in the LOF determines whether gillnet fishery; and both the Mid- How Do I Register? participants in that fishery are subject to Atlantic mixed species trap/pot fishery Fishers must register with the Marine certain provisions of the MMPA, such as and the U.S. Mid-Atlantic and Southeast Mammal Authorization Program registration, observer coverage, and take U.S. Atlantic black seabass trap/pot (MMAP) by contacting the relevant reduction plan requirements. fishery, which will be combined with NMFS Regional Office (see ADDRESSES) DATES: This final rule is effective August the Northeast trap/pot fishery in the unless they participate in a fishery that 14, 2003. However, compliance with the newly-defined Atlantic mixed species has an integrated registration program requirement to register with NMFS and trap/pot fishery for the 2003 LOF. The (described below). Upon receipt of a to obtain an authorization certificate is above mentioned fisheries are completed registration, NMFS will issue not required until January 1, 2004 for considered to be Category II fisheries on vessel or gear owners physical evidence fisheries added or elevated to Category August 14, 2003, and are required to of a current and valid registration that II in this final rule. For fisheries affected comply with all requirements of must be displayed or in the possession by the delay, see SUPPLEMENTARY Category II fisheries (i.e., complying of the master of each vessel while INFORMATION. with applicable take reduction plan fishing in accordance with section 118 requirements and carrying observers, if of the MMPA (16 U.S.C. 1387(c)(3)(A)). ADDRESSES: Registration information, requested), other than the registration What Is the Process for Registering in materials, and marine mammal requirement, on that date. reporting forms may be obtained from an Integrated Fishery? several regional offices. See What Is the List of Fisheries? For some fisheries, NMFS has SUPPLEMENTARY INFORMATION for Under section 118 of the MMPA, integrated the MMPA registration addresses of the offices. NMFS must publish, at least annually, process with existing state and Federal FOR FURTHER INFORMATION CONTACT: a LOF that places all U.S. commercial fishery license, registration, or permit Tanya Dobrzynski, Office of Protected fisheries into one of three categories systems and related programs. Resources, 301–713–2322; Kim based on the level of incidental serious Participants in these fisheries are Thounhurst, Northeast Region, 978– injury and mortality of marine mammals automatically registered under the 281–9138; Juan Levesque, Southeast that occurs in each fishery (16 U.S.C. MMPA and are not required to submit Region, 727–570–5312; Cathy Campbell, 1387(c)(1)). The categorization of a registration or renewal materials or pay Southwest Region, 562–980–4060; Brent fishery in the LOF determines whether the $25 registration fee. Following is a Norberg, Northwest Region, 206–526– participants in that fishery may be list of integrated fisheries and a

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summary of the integration process for submit reports can be found in 50 CFR appropriate as SAR revisions undergo each Region. Fishers who operate in an 229.6. separate public review and comment. integrated fishery and have not received Typographic errors noted by Am I Required To Take an Observer registration materials should contact commenters were corrected where Aboard My Vessel? their NMFS Regional Office listed in the appropriate. SUPPLEMENTARY Fishers participating in a Category I or first paragraph of General Comments INFORMATION. II fishery are required to accommodate an observer aboard vessel(s) upon Comment 1: Two commenters Which Fisheries Have Integrated request. Observer requirements can be questioned the appropriateness of the Registration Programs? found in 50 CFR 229.7. current tier-based fishery classification The following fisheries have system in terms of how it distinguishes Am I Required To Comply With Any Category I and II fisheries from Category integrated registration programs under Take Reduction Plan Regulations? the MMPA: III fisheries. Both commenters argued 1. all Alaska Category II fisheries; Fishers participating in a Category I or that whether a fishery exceeds PBR, and 2. all Washington and Oregon II fishery are required to comply with not the percentage of a stock’s PBR Category II fisheries; any applicable take reduction plans. incidentally killed or seriously injured in a fishery, should be the threshold 3. Northeast Regional fisheries for Sources of Information Reviewed for NMFS uses to distinguish among which a state or Federal permit is the 2003 LOF different fishery classifications given required. Individuals fishing in fisheries NMFS reviewed the marine mammal that this is the standard established in for which no state or Federal permit is incidental serious injury and mortality the MMPA. required must register with NMFS by information presented in the Stock Response: NMFS disagrees that PBR contacting the Northeast Regional Office Assessment Reports (SARs) for all should be the threshold used to separate (see ADDRESSES); and observed fisheries to determine whether fisheries that result in ‘‘frequent’’ and 4. all North Carolina, South Carolina, changes in fishery classification were ‘‘occasional’’ incidental mortality and Georgia, and Florida Category II warranted. NMFS also reviewed other serious injury from fisheries that have fisheries for which a state permit is sources of new information, including ‘‘a remote likelihood of or no known required. marine mammal stranding data, incidental mortality or serious injury of How Do I Renew My Registration observer program data, fisher self- marine mammals.’’ The rationale for Under the MMPA? reports, and other information that is this threshold was explained in the not included in the SARs. proposed rule (60 FR 31666, June 16, Regional Offices, except for the NMFS SARs provide the best 1995) and final rule (60 FR 45086, Northeast Region, annually send available information on both the level August 30, 1995) for the management of renewal packets to participants in of serious injury and mortality of marine unintentional taking of marine Category I or II fisheries that have mammals that occurs incidental to mammals incidental to commercial previously registered; however, it is the commercial fisheries and the potential fishing operations under section 118 of responsibility of the fisher to ensure that biological removal (PBR) levels for the MMPA. registration or renewal forms are marine mammal stocks. The current fishery classification completed and submitted to NMFS at The information contained in the system is based on a two-tiered, stock- least 30 days in advance of fishing. SARs is reviewed by regional scientific specific approach that first addresses Individuals who have not received a review groups (SRGs) representing the total impacts of all fisheries on each renewal packet by January 1 or are Alaska, the Pacific (including Hawaii), marine mammal stock and then registering for the first time should and the U.S. Atlantic, Gulf of Mexico, addresses the impacts of individual request a registration form from the and the Caribbean. The SRGs were fisheries on each stock. Tier 1 considers appropriate Regional Office (see created by the MMPA to review the the additive fishery mortality and ADDRESSES). science that goes into the stock serious injury for a particular stock, while Tier 2 considers fishery-specific Am I Required To Submit Reports assessment reports and to advise NMFS mortality for a particular stock. This When I Injure or Kill a Marine on population status and trends, stock approach is based on the rate, in Mammal During the Course of structure, uncertainties in the science, numbers of animals per year, of serious Commercial Fishing Operations? research needs, and other issues. The LOF for 2003 was based on injuries and mortalities due to In accordance with the MMPA (16 information provided in the final SARs commercial fishing relative to a stock’s U.S.C. 1387(e)) and 50 CFR 229.6, any for 1996 (63 FR 60, January 2, 1998), the PBR level. Under the Tier 1 analysis, if vessel owner or operator, or fisher (in final SARs for 2001 (67 FR 10671, the total annual mortality and serious the case of non-vessel fisheries), March 8, 2002), and the draft (67 FR injury across all fisheries that interact participating in a Category I, II, or III 19417, April 19, 2002) and final (68 FR with a stock is less than or equal to 10 fishery must report all incidental 17920, April 14, 2003) SARs for 2002. percent of the PBR level of such a stock, injuries or mortalities of marine then all fisheries interacting with this mammals that occur during commercial Comments and Responses stock would be placed in Category III. fishing operations to NMFS. ‘‘Injury’’ is NMFS received 16 comment letters on Otherwise, these fisheries are subject to defined in 50 CFR 229.2 as a wound or the proposed 2003 LOF (68 FR 1414, the next tier to determine their other physical harm. In addition, any January 10, 2003) from environmental, classification. Under the Tier 2 analysis, animal that ingests fishing gear or any commercial fishing, and federal and those fisheries in which annual animal that is released with fishing gear state agency interests. Issues outside the mortality and serious injury of a stock entangling, trailing, or perforating any scope of the LOF are not responded to in a given fishery is greater than or part of the body is considered injured, in this final rule. In particular, there equal to 50 percent of the stock’s PBR regardless of the absence of any wound were several comments regarding the level are placed in Category I, while or other evidence of an injury, and must SARs that will be handled through those fisheries in which annual be reported. Instructions on how to future SAR reviews and revisions where mortality and serious injury is greater

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than 1 percent and less than 50 percent Response: NMFS appreciates this Response: NMFS agrees with the of the stock’s PBR level are placed in comment and believes that it would be commenter that applying its methods Category II. Individual fisheries in useful to provide a background consistently in the determination of which annual mortality and serious document that better describes the types estimates of marine mammal mortality injury is less than or equal to 1 percent of information and methods used to and serious injury incidental to fishing of the PBR level would be placed in estimate incidental mortality and is essential. Through the workshops on Category III. The threshold between Tier serious injury of marine mammals and Guidelines for Assessing Marine 1 and Tier 2 was set at 10 percent of the classify fisheries so that the public Mammal Stocks (GAMMS) held in 1994 PBR level based on recommendations could better understand the rationale for and 1996 and the accompanying that arose from a PBR Workshop held in each fishery classification. NMFS will GAMMS reports, which are available on La Jolla, California in June 1994. The consider the development of such a the NMFS Office of Protected Resources Workshop Report indicated that if the document in the future as time and Web site at http://www.nmfs.noaa.gov/ total annual incidental serious injury resources permit. Generally, NMFS uses prot_res/PR2/ and mortality level for a particular stock information on incidental mortality and Stock_Assessment_Program/sars.html, did not exceed 10 percent of the PBR serious injury provided in the annual level, the amount of time necessary for SARs as the basis for fishery NMFS has developed guidelines to that population to achieve the optimum classifications. SARs contain a list of ensure consistency in the methods used sustainable population level would only references that demonstrate the and analysis of information to increase by 10 percent. Thus, 10 percent published information used and also determine rates of marine mammal of the PBR level for a particular stock describe how the data on incidental incidental mortality and serious injury was equated to ‘‘biological mortality and serious injury for a given resulting from fishing. insignificance.’’ This approach ensures stock were ascertained. NMFS refers the that fisheries are categorized based on Comments on Fisheries in the Pacific commenter to the SARs for marine Ocean their impacts on stocks and allows mammal stocks in the U.S. Copies of the NMFS to focus resources on those SARs are available on the NMFS Office Comments on the Alaska Bering Sea fisheries that have more than a of Protected Resource’s Web site at: and Aleutian Islands (BSAI) Groundfish negligible impact on marine mammals. http://www.nmfs.noaa.gov/prot_res/ Longline/Setline Fishery Ultimately, this approach is based on PR2/Stock_Assessment_Program/ the fact that the MMPA established both sars.html. Comment 5: One commenter stated a short-term and a long-term goal with Comment 3: One commenter that NMFS should reclassify the Alaska respect to take reduction plans for recommended that NMFS distinguish BSAI groundfish longline/setline fishery reducing marine mammal mortality and between commercial and non- as Category II given the level of killer serious injury incidental to commercial commercial (e.g., recreational, whale takes in the fishery. fishing operations. MMPA section subsistence, personal use) pot fisheries 118(f)(2) provides: ‘‘The immediate goal Response: According to the 2002 given that non-commercial fisheries of a take reduction plan for a strategic SARs, the BSAI groundfish longline/ may use practices and gear types that stock shall be to reduce, within 6 setline fishery incurred an average of 0.8 result in interactions with marine months of its implementation, the incidental mortalities/serious injuries of mammals. incidental mortality or serious injury of eastern North Pacific northern resident marine mammals incidentally taken in Response: NMFS agrees that it is killer whales between 1995 and 1999, or the course of commercial fishing important to address all potential 11 percent of the stock’s PBR, which operations to levels less than the sources of fishery-related incidental qualifies the fishery as Category II. potential biological removal established mortality and serious injury of marine However, the PBR for this stock is an mammals. Furthermore, the agency for that stock under section 117. The underestimate because (1) the minimum understands that there are fisheries in long-term goal of the plan shall be to abundance estimate is based on a count which both commercial and non- reduce, within 5 years of its of known individuals rather than an implementation, the incidental commercial fisheries use the same gear and deploy it in the same manner and estimate of population size and (2) the mortality or serious injury of marine abundance estimate does not include mammals incidentally taken in the that both can result in incidental mortality and serious injury of marine resident animals identified during course of commercial fishing operations research cruises in the Gulf of Alaska to insignificant levels approaching a mammals. While the MMPA does not and Bering Sea in 2001–2002. NMFS zero mortality and serious injury rate, currently provide NMFS with the expects that the minimum population taking into account the economics of the authority to categorize or monitor non- fishery, the availability of existing commercial fisheries with respect to estimate will increase as a result of the technology, and existing State or marine mammal interactions, NMFS is recent research. Should the minimum regional fishery management plans.’’ currently seeking this authority through population estimate increase slightly, NMFS established the tier-based fishery the administration’s proposal to the PBR level would also increase, and classification system with each goal in reauthorize the MMPA. Nonetheless, the estimated mortality level incidental mind, and specifically, to ensure that where possible, NMFS has collected to this fishery would not be sufficiently fisheries progressively move toward the information on incidental mortality and high to trigger its placement in Category long-term goal of the MMPA. serious injury of marine mammals II. Therefore, given that the PBR level is Comment 2: One commenter resulting from non-commercial likely an underestimate and the requested that NMFS better describe the fisheries. incidental mortality and serious injury information used and the basis for Comment 4: One commenter urged rate is so close to the threshold between estimating incidental mortality and NMFS to ensure consistency in methods Category II and Category III, NMFS will serious injury of marine mammals, used from fishery to fishery to retain this fishery in Category III at this specifically for fisheries where the level determine the true level of incidental time. of take is uncertain but considered mortality and/or serious injury of significant. marine mammals.

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Comments on the Hawaii (HI) crustacean fisheries, including shrimp, to the list of stocks that interact with Swordfish, Tuna, Billfish, Mahi Mahi, in state waters. this fishery. Wahoo, and Oceanic Sharks Longline/ Additionally, Alaska crustacean Comments on the BSAI Groundfish Setline Fishery fisheries are known to result in incidental mortality and serious injury Trawl Fishery Comment 6: One commenter stated of marine mammals in some areas (e.g., Comment 10: NMFS received that NMFS should reclassify the Hawaii Southeast Alaska), but not in others comments supporting and opposing swordfish, tuna, billfish, mahi mahi, (e.g., the Bering Sea). For purposes of reclassification of the BSAI groundfish wahoo, and oceanic sharks longline/ future Lists of Fisheries, all crustacean trawl fishery from Category III to setline fishery as Category I given that fisheries in Alaska will be reviewed for Category II. One commenter in favor of takes of false killer whales in the fishery correct delineations to accurately reflect the reclassification stated that it is more exceed the marine mammal stock’s PBR existing fishery management regimes. appropriate to reclassify the fishery as level. The commenter expressed Based on this review, NMFS will Category I given uncertainty concerning concern that sea turtle regulations that propose adjustments to this and other the level of interactions occurring went into effect have not helped reduce Alaska fisheries and will reevaluate data between the fishery and North Pacific marine mammal takes. The commenter on marine mammal interactions in these humpback whales. One commenter also expressed concern about the results fisheries accordingly for the 2004 LOF. opposed to reclassifying the fishery of recent abundance surveys for false Comment 8: Two commenters felt that questioned the quality of the data on killer whales. NMFS should reclassify the Alaska which NMFS based this decision as well Response: In 2002, NMFS conducted crustacean pot fishery as Category I or as the appropriateness of double- an abundance survey to estimate II based on its level of interactions with counting humpback whales between the abundance for marine mammals humpback whales. The commenters felt Western and Central North Pacific inhabiting waters off the Hawaiian the inability to determine the specific stocks. This commenter also requested islands, including areas in which the HI fishery that entangled humpback whales that NMFS divide the fishery into swordfish, tuna, billfish, mahi mahi, should not make it impossible to smaller components given the sheer size wahoo, and oceanic sharks longline/set classify the fishery as Category I or II and diversity of the fishery. line fishery operates. NMFS is currently and stated that design of the fishing gear Response: Where there is considerable analyzing the results of this survey and should be sufficient. uncertainty regarding to which stock a will include this information in the Response: See response to Comment serious injury or mortality should be Draft Stock Assessment Reports (SARs) 7. The inability to determine the fishery assigned, NMFS exercises a for 2004. NMFS will use the updated in which the entanglements occurred conservative approach of assigning the SARs to re-evaluate the classification of does not prevent NMFS from classifying serious injury or mortality to both this fishery for the 2004 LOF. fisheries. NMFS regulations at 50 CFR stocks. Clearly, if information were 229.2 provide that the Assistant available regarding the location of take, Comments on the Alaska Crustacean Administrator will, in the absence of genetics of the animal taken, or other Pot Fishery reliable information, determine whether information that would conclusively the incidental serious injury or link mortality to a specific stock, NMFS Comment 7: One commenter stated mortality is ‘‘occasional’’ by evaluating would use it to assign the take to a that NMFS should divide the Alaska other factors such as fishing techniques, specific stock. In the meantime, the crustacean pot fishery into different gear used, seasons and areas fished, and agency will review the serious injuries components based on variation in the species and distribution of marine and mortalities incidental to this fishery geographic area, season, depth, gear mammals in the area. to determine whether any of the takes of type, and interaction with humpback NMFS has not reclassified this fishery concern can be conclusively linked to a whales to help NMFS determine which at this time because, in addition to more specific stock. element of the fishery is having the appropriately delineating the Alaska As with the Alaska crustacean pot greatest number of interactions with crustacean pot fishery and looking at fishery, this comment highlights the fact humpback whales. marine mammal incidental mortality that a single BSAI groundfish trawl Response: The LOF currently groups and serious injury rates within different fishery, as currently listed in the annual all Alaska pot fisheries into the ‘‘Alaska sectors of the fishery, the agency is LOF, does not exist as one homogenous crustacean pot fishery.’’ However, this currently evaluating the stock structure fishery in terms of fishery operations or fishery does not exist as a single entity of Central North Pacific humpback management, but rather, as a diverse in terms of fishery operations or whales. We will take this comment into group of fisheries that use different management. Rather, multiple consideration as we further define stock trawl gear types and target different crustacean fisheries target different structure of Central North Pacific groundfish species over distinct species over distinct geographic areas humpback whales as well as consider geographic areas and during different and during separate seasons within the separating and reclassifying portions of seasons within the Bering Sea on an exclusive economic zone off Alaska and the Alaska crustacean pot fishery, if annual basis. These fisheries are in state waters on an annual basis. appropriate, for the 2004 LOF. currently managed as separate entities. These differences are recognized by Comment 9: One commenter noted For instance, the BSAI groundfish trawl NMFS, the North Pacific Fishery that the Central North Pacific stock of fisheries are managed by gear type Management Council, and the State of humpback whales should be added to (including pelagic and non-pelagic trawl Alaska, and are reflected in the the list of stocks that interact with the gear), by target species (including numerous management specifications Alaska crustacean pot fishery given that pollock, Pacific cod, Atka mackerel, and and restrictions captured in regulations NMFS mentioned in the text of the various flatfish and rockfish complexes), promulgated under the Fishery proposed rule that it is currently and by geographic regions within the Management Plan for the Bering Sea and evaluating interactions between this BSAI. These differences are recognized Aleutian Islands King and Tanner Crabs stock and the fishery. by NMFS and the North Pacific Fishery and under Alaska state management Response: NMFS will add the Central Management Council and are reflected plans for various crab and other North Pacific stock of humpback whales in the numerous management

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specifications and restrictions captured fisheries in Alaska will be reviewed for Comments on Alaska Cook Inlet Salmon in regulations promulgated under the correct delineations to accurately reflect Drift and Set Gillnet Fisheries Fishery Management Plan for the Bering the existing fishery management Comment 13: Some commenters Sea and Aleutian Islands. regimes for the 2004 LOF. stated that reclassifying the Alaska Cook Additionally, sectors within these Comment 11: One commenter stated Inlet salmon drift and set gillnet fisheries are recognized by statute (the that NMFS should reassess its methods fisheries as Category III is premature American Fisheries Act) and regulatory to monitor the Alaska BSAI groundfish given that a decrease in observed management measures endorsed by the trawl fishery to ensure that observer interactions is likely due to declining North Pacific Fishery Management coverage is appropriately distributed to numbers of Cook Inlet beluga and that Council and implemented by NMFS. monitor humpback whale takes. reclassification should be based on Such sectors include the head and gut Response: NMFS believes that the sector of each of the Pacific cod and estimated takes, not observed takes. level and distribution of observer Commenters recommended the fisheries Atka mackerel trawl fisheries, and the coverage in the BSAI groundfish trawl catcher/processor and inshore processor be kept in Category II with continued fishery is sufficient to monitor marine observer coverage. sectors, as well as their associated mammal interactions, including those catcher vessel fleets. In some cases, Response: NMFS has determined that involving humpback whales, and to classification of the Alaska Cook Inlet these sectors also comprise legally identify issues of concern. Currently, defined co-operatives. Distinct salmon set gillnet fishery as a Category there is a requirement for 100-percent III fishery is appropriate based on the management measures for these observer coverage of vessels in this recognized fisheries include separate lack of any observed serious injuries or fishery that exceed 124 ft. (37.8 m.) mortalities of marine mammals in that harvest restrictions by time and area LOA. In some cases, pursuant to the based on target species, non-target fishery after two consecutive years of American Fisheries Act and Community observer coverage that occurred from groundfish bycatch, and prohibited Development Quota programs, 200- species catch, as well as time and area 1999–2000. In contrast, analysis percent observer coverage is required on completed since the proposed rule was closures based on marine mammal vessels that exceed this length. For management measures. These distinct published indicates that one mortality vessels between 124 ft. (37.8 m.) and 60 of harbor porpoise in the Cook Inlet fisheries are further recognized in ft. (18.3 m.) LOA, 30 percent observer several Biological Opinions salmon drift gillnet fishery in 2000 coverage is required. Observers are not extrapolates to a mortality estimate of 27 promulgated under Section 7 of the required on catcher vessels that deliver Endangered Species Act and in animals in 2000, or an average of 13.5 codends to catcher processors or per year for 1999 and 2000. This level Environmental Impact Statements on motherships or on vessels less than 60 the fisheries promulgated under the of incidental mortality and serious ft. (18.3 m.) LOA. National Environmental Policy Act. injury is adequate to retain the Cook There is a likelihood that the NMFS’ Alaska Regional office is Inlet salmon drift gillnet fishery in incidental mortality and serious injury currently working with the North Category II. Therefore, NMFS will retain of marine mammals varies among BSAI Pacific Fishery Management Council to this fishery as Category II. groundfish trawl fisheries, based on gear review the issue of appropriate observer NMFS agrees that when classifying a type, time and area of operations, and coverage in federal groundfish fisheries, fishery based on observer data, observed target groundfish species. For this and as well as halibut fisheries. All vessel serious injuries and mortalities should all the above reasons, NMFS will not categories in these fisheries, including be extrapolated to estimate the total reclassify the fishery designated as the those not currently required to carry level of incidental serious injury and ‘‘BSAI groundfish trawl fishery’’ as observers, will be reviewed over the mortality in that fishery. Observed Category II in the 2003 LOF. Rather, next several years to assess appropriate levels of incidental mortality and NMFS will propose fishery delineations observer coverage levels for a suite of serious injury were used previously within this fishery that accurately management and scientific needs. only because the analysis for reflect the existing fishery management Comment 12: One commenter extrapolation had not yet been regimes for the BSAI groundfish trawl requested that NMFS clarify whether completed. The observed levels of fisheries, and will analyze rates of harbor seals or harbor porpoises should serious injury and mortality indicated a marine mammal incidental mortality be removed from the list of species Category II classification was and serious injury within these new incidentally killed/seriously injured in appropriate, and the extrapolated delineations accordingly, for the 2004 the BSAI groundfish trawl fishery. estimate still supports this. LOF. Response: NMFS clarifies that in the Comment 14: One commenter A one year delay in this process will proposed rule for the 2003 List of requested that NMFS clarify what it was not adversely affect NMFS’ ability to Fisheries the agency proposed to proposing with respect to the AK Cook monitor marine mammal interactions remove Gulf of Alaska (GOA) harbor Inlet salmon drift gillnet fishery. with this fishery, because, although seals from the list of species interacting Response: NMFS clarifies that it currently in Category III, these fisheries with the BSAI groundfish trawl fishery. initially proposed to reclassify the AK already carry a minimum of 30 percent Reevaluation of existing data on Cook Inlet salmon drift gillnet fishery as observer coverage for vessels 60 ft. (18.3 incidental mortality and serious injury, Category III. Upon further analysis of m.) length overall (LOA) and over, and together with information on the BSAI 2000 data, NMFS will retain this fishery a vast majority of the participating groundfish trawl fishery, confirms that as Category II in the 2003 LOF (see vessels maintain 100–200 percent the range of the GOA harbor seal stock response to Comment 13 above). observer coverage by regulation for overlaps with the BSAI groundfish trawl Comments on the California (CA) purposes of fisheries management. fishery. Therefore, NMFS will retain Additionally, there are other Federal this stock on the list of species Yellowtail, Barracuda, White Seabass, and state fisheries listed in the LOF that interacting with the BSAI groundfish and Tuna Drift Gillnet Fishery warrant similar review for similar trawl fishery. The proposed deletion of Comment 15: One commenter reasons. Therefore, for purposes of the the GOA harbor seal in this case was in expressed support for the addition of List of Fisheries, all Federal and state error. the CA yellowtail, barracuda, white

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seabass, and tuna drift gillnet fishery as thus NMFS is reclassifying this fishery information about incidental marine a Category II fishery. as a Category II fishery. mammal mortality and serious injury in Response: NMFS agrees and has Comment 19: One commenter the Gulf of Mexico, it is often difficult added the fishery to the LOF as a supported reclassification of this fishery to attribute stranded marine mammals Category II fishery. from Category I to II, but urged NMFS that show clear signs of gear interaction Comment 16: One commenter to maintain observer coverage in the to a specific portion of a fishery. recommended that NMFS address this fishery given the history of marine Nonetheless, NMFS’ observer data from fishery under the Pacific Offshore mammal takes in the fishery, the the Mid-Atlantic and South Atlantic Cetacean Take Reduction Plan uncertainty of the long-term efficacy of show that mackerel gillnet fisheries (POCTRP). pingers, and the levels of sperm whale have resulted in entanglement of Response: NMFS believes that it is takes in the fishery. bottlenose dolphins. In addition, the premature at this point to include this Response: NMFS will maintain Atlantic SRG recommended that NMFS fishery as part of the POCTRP because observer coverage in this fishery to use its discretion under 50 CFR 229.2, this fishery has little known interaction continue to monitor the effectiveness of which enables the Assistant with marine mammals. In an effort to the POCTRP and to ensure the Administrator to evaluate factors better assess this fishery’s potential to appropriate categorization of the fishery. including, but not limited to fishing entangle marine mammals and to techniques and gear used, to classify all determine the species of marine Comments on Fisheries in the Atlantic gillnet fisheries as at least Category II mammals, if any, that are incidentally Ocean, Caribbean, or Gulf of Mexico given that observer data clearly show killed or seriously injured in this Comments on the Mid-Atlantic Coastal incidental mortality and serious injury fishery, NMFS began placing observers Gillnet Fishery of marine mammals where gillnet on a small number of vessels fisheries occur. participating in this fishery beginning in Comment 20: One commenter noted summer 2002. NMFS will use the that reclassification of the Mid-Atlantic Comments on the Gulf of Mexico information collected through this coastal gillnet fishery as a Category I Menhaden Purse Seine Fishery observer program to re-evaluate the fishery is appropriate based on the level Comment 23: One commenter stated categorization of this fishery in the 2004 of incidental mortality and serious that the Gulf of Mexico menhaden purse LOF and to reassess whether this fishery injury of Western North Atlantic coastal seine fishery should be listed as should be subject to the POCTRP. bottlenose dolphins in this fishery. Category I based on information in the Response: NMFS agrees and has 1999 SAR, which indicates that fishery- Comments on the California/Oregon reclassified the fishery as Category I as related mortality and serious injury (OR) Thresher Shark/Swordfish Drift proposed. from this fishery exceeds PBR for the Gillnet Fishery (>14 in. mesh) Comments on the Gulf of Mexico Gillnet Gulf of Mexico bay, sound, and Comment 17: Several commenters Fishery estuarine stocks of bottlenose dolphins. supported reclassification of the CA/OR The commenter recommended that thresher shark/swordfish drift gillnet Comment 21: One commenter NMFS institute an observer program to fishery from Category I to Category II. supported reclassification of the Gulf of obtain better information on this fishery. Response: NMFS agrees and has Mexico gillnet fishery as Category II but Response: With regard to reclassifying reclassified the fishery from Category I said that, based on documented this fishery as Category I, NMFS to Category II. interactions with bottlenose dolphin responded to this request in the 1999 Comment 18: One commenter stated stocks, the complexity of the stocks LOF (see Comment/Response 14 in 64 that reclassification of the CA/OR themselves, and the current scant level FR 9067, February 24, 1999), and the thresher shark/swordfish drift gillnet of monitoring in this fishery, a Category same rationale applies. In summary, fishery from Category I to II is premature I classification would be more because of the lack of certainty given the level of sperm whale takes appropriate for this fishery. regarding stock structure of the Gulf of that occur in the fishery. Response: NMFS believes that data Mexico bay, sound and estuarine Response: NMFS does not believe that uncertainties regarding marine mammal bottlenose dolphins and the lack of it is premature to reclassify the CA/OR interactions in this fishery and observer coverage to accurately estimate thresher shark/swordfish drift gillnet bottlenose dolphin stock structure, as fishery-related mortalities in this fishery from Category I to Category II. well as the declining level of gillnet fishery, NMFS is retaining this fishery This fishery fits the criteria that were fishing activity in the Gulf of Mexico, as Category II at this time. NMFS is developed for defining a Category II support a Category II classification. If currently investigating stock structure of fishery. These fishery classification new information indicates that take Gulf of Mexico bottlenose dolphins in criteria, which were subject to review rates relative to population status are order to better define these stocks in the and comment in 1995, consist of a two- higher than currently estimated such future. tiered, stock specific approach that first that a Category I classification is Also, as stated when this fishery was addresses the total impact of all warranted, NMFS would propose such a originally elevated to Category II status, fisheries on each marine mammal stock reclassification in the future. this fishery coincides principally with and then addresses the impact of Comment 22: One commenter stated the coastal stocks of bottlenose dolphins individual fisheries on each stock. Thus, that NMFS should separate the Gulf of in the Gulf of Mexico. The original a fishery that interacts with several Mexico king and Spanish mackerel change in classification was based on marine mammal stocks can still be gillnet fisheries from the rest of the Gulf PBR for Gulf of Mexico coastal stocks. classified as a Category II fishery if the of Mexico gillnet fisheries and retain NMFS agrees that more current observer annual mortality and serious injury of mackerel gillnet fisheries in Category III data are necessary. each of these marine mammal stocks is because of the lack of evidence of greater than 1 percent but less than 50 bottlenose dolphin takes in this portion Comments on the Atlantic Mixed percent of each stock’s PBR level. This of the fishery. Species Trap/Pot Fishery is the case for the CA/OR thresher Response: Because NMFS relies Comment 24: One commenter shark/swordfish drift gillnet fishery, primarily on strandings data for supported inclusion of various Category

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III trap/pot fisheries into a new generic Atlantic mixed species trap/pot fishery. consider whether to reclassify them trap/pot listing in Category II. The new Atlantic mixed species trap/ based on incidental mortality and Response: NMFS agrees and the pot fishery is appropriately classified as serious injury of marine mammals in the generic Category II ‘‘Atlantic mixed Category II based on known 2004 LOF. species trap/pot’’ fishery has been entanglement of cetaceans and Comments on the Atlantic Ocean, established. pinnipeds in this gear type. The Caribbean, Gulf of Mexico Large Comment 25: One commenter stated presence of trap/pot gear in areas and at Pelagics Longline Fishery that the newly-defined Atlantic mixed times when these marine mammals are species trap/pot fishery should be present is likely to result in occasional Comment 28: One commenter stated addressed under the Atlantic Large incidental mortality or serious injury of that NMFS should update the lists of Whale Take Reduction Plan (ALWTRP) marine mammals. species incidentally killed or seriously and Harbor Porpoise Take Reduction Since implementation of the 2002 injured in the Atlantic Ocean, Plan (HPTRP). LOF, NMFS automatically registers all Caribbean, Gulf of Mexico large pelagics Response: NMFS added Atlantic fishers with current state or longline fishery based on data presented representatives of this fishery complex federal fishing permits for fisheries in the 2002 Stock Assessment Reports. to the Atlantic Large Whale Take designated as Category I or II and has The commenter specifically identified Reduction Team (ALWTRT) and raised waived the registration fee for the species that NMFS should review. this issue at the ALWTRT’s meeting in Marine Mammal Authorization Permit. Response: Unlike the SARs, which April 2003. NMFS will be working with Therefore, there will be no economic focus on the most recent 5 years of data, the ALWTRT to incorporate measures to burden associated with registration the list of marine mammals incidentally address this fishery in the ALWTRP. under the MMPA. killed or seriously injured in a given With regard to the HPTRP, NMFS is not Comment 27: One commenter fishery in the LOF often includes all aware of any harbor porpoise concurred with classifying Atlantic pot species or stocks known to experience interactions with trap/pot gear in recent fisheries at least at the Category II level mortality or serious injury in a given years. The harbor porpoise (Gulf of given that they include gears already fishery and may also include species for Maine/Bay of Fundy stock) was listed as known to incidentally take marine which there are anecdotal or historical, interacting with the fish trap/pot mammals. However, the commenter but not necessarily current, records of fisheries in the Northeast in the original thought that Category I would be a more interaction based on a variety of data LOF in 1989. However, NMFS is appropriate classification and said a types (e.g., logbooks, strandings data, reevaluating that information during a lower Category is not warranted simply observer data). This helps the agency review of older entanglement data and because the operation of Southeast trap/ better understand the nature and types plans to update the list of interacting pot fisheries does not overlap with right of interactions that occur in each stocks in a future LOF based on a review whale distribution. The commenter said fishery. NMFS plans to evaluate how of all available data. Based on data these fisheries entangle other species best to present historical versus current currently available, it is not appropriate such as bottlenose dolphins and other data on marine mammal-fishery to address trap/pot fisheries under the small cetaceans and noted that this interactions in future Lists of Fisheries HPTRP at this time, although gillnet information was not provided in the and will make any necessary changes in fisheries used to obtain bait for these LOF when justifying categorization of the LOF tables once that evaluation is fisheries may already be regulated under the fishery. complete. the HPTRP. Response: Although the definition of Comment 29: One commenter Comment 26: One commenter stated a Category II fishery in 50 CFR 229.2 suggested that NMFS subdivide the that NMFS provided no scientific provides that NMFS may use a number pelagic longline fishery into three justification for classifying the Atlantic of factors in determining whether regional fisheries in the LOF to reflect mixed species trap/pot fishery as incidental serious injury or mortality is variations in geographic region, target Category II other than ‘‘by analogy.’’ The ‘‘occasional,’’ the definition of a species, vessel size, area-specific commenter objected to the imposition of Category I fishery does not provide the regulations, and time of year. The registration costs that this classification same level of flexibility for commenter noted specifically that the would have on fishermen. administrative discretion in determining Atlantic portion of the longline fishery Response: Classification by analogy what is ‘‘frequent.’’ If new information should be divided into northern and refers to the exercise of administrative becomes available suggesting that takes southern components with a boundary discretion using relevant information in the Atlantic mixed species trap/pot line at Cape Hatteras, North Carolina. such as fishing techniques, gears used, fishery results in a rate of incidental Response: NMFS appreciates the and stranding data, as described in the mortality or serious injury of 50 percent information provided by the commenter definition of a Category II fishery or greater of the PBR for a marine on potential subdivisions of the pelagic included in the final rule for the Section mammal stock, then it would be longline fishery and notes that we 118 implementing regulations (60 FR appropriate to consider elevation of addressed similar comments in the final 45086, August 30, 1995, codified at 50 those fisheries to Category I. LOF for 1997 (see Comment/Response CFR 229.2) to determine whether a Data indicate that interactions 37 in 62 FR 33, January 2, 1997), the fishery results in ‘‘occasional’’ between bottlenose dolphins and the final LOF for 1999 (see Comment/ incidental mortality and serious injury spiny lobster and stone crab trap/pot Response 18 in 64 FR 9067, February of marine mammals. fisheries in the Atlantic, Caribbean and 24, 1999), and the final LOF for 2001 The generic Northeast trap/pot fishery Gulf of Mexico are rare. Additionally, (see Comment/Response 16 in 66 FR is already a Category II fishery pursuant NMFS has no data regarding 42784, August 15, 2001). At this time, to the 2001 LOF. For the 2003 LOF, interactions between bottlenose however, NMFS is not aware of any NMFS has combined the generic dolphins and other trap/pot fisheries in information to suggest that there is Category III trap/pot fisheries in the the Southeast or Mid-Atlantic. NMFS differential marine mammal incidental Mid-Atlantic and Southeast with the will continue to define and evaluate mortality/serious injury in the pelagic generic Category II Northeast trap/pot other trap/pot fisheries in the Atlantic, longline fishery along geographic lines. fishery and redefined the fishery as the Caribbean, and Gulf of Mexico and Therefore, subdivision of this fishery as

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the commenter suggests is not reduce takes in the fishery, and to Commercial Fisheries in the Pacific appropriate at this time. While continue work on the derelict trap/pot Ocean subdivision of this fishery along removal program, believed to be an Fishery Classification ecosystem lines similar to that done for important source of marine mammal inshore fisheries may be considered in mortality and serious injury in the The ‘‘California/Oregon Thresher ≥ the future, the analysis to support such fishery. The NMFS Southeast Regional Shark/Swordfish Drift Gillnet Fishery ( a division is not currently available. Office will monitor the progress in this 14 in. mesh)’’ is moved from Category NMFS will, whenever possible, define fishery closely and reevaluate it for I to Category II. fisheries the way they are defined in The ‘‘AK Cook Inlet Salmon Set reclassification in the future. federal, regional, or state fishery Gillnet Fishery’’ is moved from Category management programs. This will (1) Comment 32: Some commenters II to Category III. help NMFS fulfill its statutory objected to future consideration of the obligations by coordinating registration Gulf of Mexico blue crab trap/pot Addition of Fisheries to the LOF under the MMPA with existing fishery fishery as Category II given the lack of The ‘‘CA Yellowtail, Barracuda, White management programs, (2) provide a solid data to support the fishery’s Seabass, and Tuna Drift Gillnet Fishery ‘‘common name’’ for a fishery that can reclassification. The commenters (mesh size > 3.5 inches and < 14 be used by NMFS, fishers, and state and expressed particular concern about the inches)’’ is added to the LOF as a regional fishery managers, and (3) allow lack of scientific rigor of the strandings Category II fishery. NMFS to more easily collect data used in this analysis. Removals of Fisheries from the LOF information on fishery statistics, such as the number of participants, target Response: See Comment/Response 31 The ‘‘CA Shark/Bonito Longline/Set species, length of fishing season, etc. above. NMFS has decided not to Line Fishery’’ is removed from the LOF. Comment 30: One commenter reclassify this fishery at this time and Fishery Name and Organizational requested that NMFS add the Western instead will work with the GSMFC and Changes and Clarifications North Atlantic (WNA) pygmy sperm Sea Grant program to educate crabbers whale to the list of marine mammals about ways to reduce interactions with The ‘‘CA Angel Shark/Halibut and incidentally killed or seriously injured marine mammals in this fishery. Other Species Large Mesh (>3.5 in. in the pelagic longline fishery based on NMFS believes that strandings data mesh) Set Gillnet Fishery’’ is renamed the report of a serious injury of a pygmy are an important source of information the ‘‘CA Angel Shark/Halibut and Other sperm whale in this fishery in 2000. on marine mammal mortality and Species Set Gillnet Fishery (>3.5 in. mesh).’’ Response: NMFS agrees and will add serious injury in the Gulf of Mexico blue The ‘‘CA Longline Fishery’’ is the WNA pygmy sperm whale to the list crab trap/pot fishery and has developed of marine mammals incidentally taken renamed the ‘‘CA Pelagic Longline a proposal to strengthen strandings in this fishery. Fishery.’’ programs throughout the Southeast The ‘‘CA/OR Thresher Shark/ Comments on the Gulf of Mexico Blue region, including the Gulf of Mexico, to Swordfish Drift Gillnet Fishery’’ is Crab Trap/pot Fishery improve data quality in the coming renamed the ‘‘CA/OR thresher shark/ Comment 31: One commenter stated years. NMFS’’ proposal includes swordfish drift gillnet fishery (≥14 in. that NMFS should reclassify the Gulf of recommendations aimed at ensuring mesh).’’ Mexico blue crab trap/pot fishery at adequate geographic coverage of least as Category II and expressed strandings programs, improving Number of Vessels/Persons concern that the agency did not provide accuracy of strandings data, increasing The estimated number of participants adequate justification for not reporting frequency and response time, in the ‘‘AK Bering Sea Aleutian Islands reclassifying the fishery. facilitating communication between Groundfish Longline/Set Line Fishery’’ Response: NMFS has decided not to strandings responders and individuals is updated to 148. reclassify this fishery in the 2003 LOF reporting marine mammal takes, The estimated number of participants because the bottlenose dolphin stock ensuring a centralized repository, in the ‘‘AK Gulf of Alaska Groundfish structure in the Gulf of Mexico is not involving fishermen in gear interaction Longline/Set Line Fishery’is updated to well defined at this time. Additionally, determinations, and providing guidance 1030. the available data on strandings with to enforcement agents about their role in The estimated number of participants signs of crab trap/pot interaction are stranding response. NMFS will in the ‘‘AK Bering Sea Aleutian Islands relatively few in number. Therefore, Groundfish Trawl Fishery’’ is updated reevaluate this fishery in the 2004 LOF. NMFS believes it is more appropriate to to 157. reevaluate this fishery relative to PBRs Summary of Changes to the LOF for The estimated number of participants for bay, sound, and estuarine stocks of 2003 in the ‘‘AK Gulf of Alaska Groundfish bottlenose dolphins when the Gulf of Trawl Fishery’’ is updated to 145. Mexico bottlenose dolphin stock With the following exceptions, the The estimated number of participants structure is better understood. NMFS is placement and definitions of U.S. in the ‘‘AK Bering Sea, Gulf of Alaska currently investigating the stock commercial fisheries are identical to Finfish Pot Fishery’’ is updated to 314. structure of bottlenose dolphins in the those provided in the LOF for 2002. The The estimated number of participants Gulf of Mexico to better define these following summarizes changes in in the ‘‘CA Pelagic Longline Fishery’’ is stocks in the future. fishery classification, fishery name, updated to 30. In the coming year, NMFS will work fisheries listed on the LOF, number of The estimated number of participants with the Gulf States Marine Fisheries participants in a particular fishery, and in the ‘‘CA/OR Thresher Shark/ Commission (GSMFC) and the Sea Grant the species and/or stocks that are Swordfish Drift Gillnet Fishery (≥14 in. program to better monitor bottlenose incidentally killed or seriously injured mesh)’’ is updated to 113. dolphin takes in this fishery, to educate in a particular fishery, that are revised The estimated number of participants blue crab fishermen about marine in the 2003 LOF. in the ‘‘WA Puget Sound Region Salmon mammal interaction issues and ways to Drift Gillnet Fishery’’ is updated to 225.

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List of Species That Are Incidentally Fishery,’’ currently Category II, and any assigned categories under section 118 of Injured or Killed by a Particular Fishery other trap/pot fishery gear in the the MMPA. The estimated number of The Northeast Pacific stock of fin Atlantic that is not included in other vessels/participants is expressed in whales is added to the list of marine trap/pot fisheries specifically identified terms of the number of active mammal species and stocks incidentally in the LOF, into the ‘‘Atlantic Mixed participants in the fishery, when injured or killed in the ‘‘AK Bering Sea Species Trap/Pot Fishery.’’ This newly- possible. If this information is not and Aleutian Islands groundfish trawl defined fishery is classified as Category available, the estimated number of fishery’’ because this stock is known to II. vessels or persons licensed for a interact with this fishery and was Addition of Fisheries to the LOF particular fishery is provided. If no inadvertently omitted from the list of See discussion of the ‘‘Atlantic Mixed recent information is available on the marine mammal species in the past. Species Trap/Pot Fishery’’ above. number of participants in a fishery, the The Central North Pacific stock of number from the 1996 LOF is used. Fishery Name and Organizational humpback whales is added to the list of The tables also list the marine marine mammal species and stocks Changes and Clarifications mammal species and stocks that are incidentally injured or killed in the The ‘‘Southeastern U.S. Atlantic, Gulf incidentally killed or injured in each ‘‘Alaska crustacean pot fishery’’ because of Mexico, U.S. Mid-Atlantic Pelagic fishery based on observer data, logbook of evidence that this stock has Hook-and-Line/Harpoon Fishery’’ is data, stranding reports, and fisher interacted with components of this renamed the ‘‘Southeastern U.S. reports. This list includes all species or fishery. Atlantic, Gulf of Mexico, and Caribbean stocks known to experience injury or The CA coastal stock of bottlenose Pelagic Hook-and-Line/Harpoon dolphins is removed from the list of Fishery.’’ mortality in a given fishery, but also marine mammal species and stocks includes species or stocks for which incidentally injured or killed in the ‘‘CA Number of Vessels/Persons there are anecdotal or historical, but not herring purse seine fishery.’’ The estimated number of participants necessarily current, records of The CA/OR/WA stock of fin whales in the ‘‘Southeastern U.S. Atlantic Shark interaction. Additionally, species and the eastern North Pacific stock of Gillnet Fishery’’ is updated to 6. identified by logbook entries may not be gray whales are both added to the list The estimated number of participants verified. Not all species or stocks of marine mammal species and stocks in the ‘‘U.S. Atlantic Tuna Purse Seine identified are the reason for a fishery’s incidentally injured or killed in the Fishery’’ is updated to 5. placement in a given category. There are ‘‘CA/OR thresher shark/swordfish drift The estimated number of participants a few fisheries that are in Category II gillnet fishery (≥14 in. mesh).’’ in the ‘‘Southeastern U.S. Atlantic, Gulf that have no recently documented of Mexico Shark Bottom Longline/Hook- interactions with marine mammals. Commercial Fisheries in the Atlantic and-Line Fishery’’ is updated to <125. Ocean, Gulf of Mexico, and Caribbean Justifications for placement of these List of Species That Are Incidentally fisheries are by analogy to other gear Fishery Classification Injured or Killed by a Particular Fishery types that are known to cause mortality The ‘‘Gulf of Mexico Gillnet Fishery’’ The Western North Atlantic pygmy or serious injury of marine mammals, as is moved from Category III to Category sperm whale is added to the list of discussed in the final LOF for 1996 (60 II. marine mammal species and stocks FR 67063, December 28, 1995), and The ‘‘Mid-Atlantic Coastal Gillnet incidentally injured or killed in the according to factors listed in the Fishery’’ is moved from Category II to ‘‘Atlantic Ocean, Caribbean, Gulf of definition of ‘‘Category II fishery’’ in 50 Category I. Mexico Large Pelagics Longline CFR 229.2. The ‘‘Mid-Atlantic Mixed Species Fishery’’ given the report of a serious Table 1 lists commercial fisheries in Trap/Pot Fishery’’ and the ‘‘U.S. Mid- injury of this stock in this fishery. Atlantic and Southeast U.S. Atlantic the Pacific Ocean (including Alaska); Black Seabass Trap/Pot Fishery,’’ List of Fisheries Table 2 lists commercial fisheries in the formerly Category III fisheries, are The following two tables list U.S. Atlantic Ocean, Gulf of Mexico, and combined with the ‘‘Northeast Trap/Pot commercial fisheries according to their Caribbean.

TABLE 1.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Estimated number of Fishery description vessels/ Marine mammal species and stocks incidentally killed/injured persons

Category I

GILLNET FISHERIES: CA angel shark/halibut and other species 58 Harbor porpoise, central CA. set gillnet (>3.5 in mesh) Common dolphin, short-beaked, CA/OR/WA. Common dolphin, long-beaked CA. California sea lion, U.S. Harbor seal, CA. Northern elephant seal, CA breeding. Sea otter, CA.

Category II

GILLNET FISHERIES:

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TABLE 1.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number of Fishery description vessels/ Marine mammal species and stocks incidentally killed/injured persons

AK Bristol Bay salmon drift gillnet ...... 1,903 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific. Harbor seal, Bering Sea. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Spotted seal, AK. Pacific white-sided dolphin, North Pacific. AK Bristol Bay salmon set gillnet ...... 1,014 Harbor seal, Bering Sea. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Northern fur seal, Eastern Pacific. Spotted seal, AK. AK Cook Inlet salmon drift gillnet ...... 576 Steller sea lion, Western U.S. Harbor seal, GOA. Harbor porpoise, GOA. Dall’s porpoise, AK. Beluga whale, Cook Inlet. AK Kodiak salmon set gillnet ...... 188 Harbor seal, GOA. Harbor porpoise, GOA. Sea otter, AK. AK Metlakatla/Annette Island salmon drift gillnet ...... 60 None documented. AK Peninsula/Aleutian Islands salmon drfit gillnet ...... 164 Northern fur seal, Eastern Pacific. Harbor seal, GOA. Harbor porpoise, GOA. Dall’s porpoise, AK. AK Peninsula/Aleutian Islands salmon set gillnet ...... 116 Steller sea lion, Western U.S. Harbor porpoise, Bering Sea. AK Prince William Sound salmon drift gillnet ...... 541 Steller sea lion, Western U.S. Northern fur seal, Eastern gillnet Pacific. Harbor seal, GOA. Pacific white-sided dolphin, North Pacific. Harbor porpoise, GOA. Dall’s porpoise, AK. Sea Otter, AK. AK Southeast salmon drift gillnet ...... 481 Steller sea lion, Eastern U.S. Harbor seal, Southeast AK. Pacific white-sided dolphin, North Pacific. Harbor porpoise, Southeast AK. Dall’s porpoise, AK. Humpback whale, central North Pacific. AK Yakutat salmon set gillnet ...... 170 Harbor seal, Southeast AK. Gray whale, Eastern North Pacific. CA/OR thresher shark/swordfish drift gillnet (≥14 in. mesh) .. 113 Steller sea lion, Eastern U.S. Sperm whale, CA/OR/WA. Dall’s porpoise, CA/OR/WA. Fin whale, CA/OR/WA. Gray whale, eastern North Pacific. Northern Pacific white-sided dolphin, CA/OR/WA. Southern Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Bottlenose dolphin, CA/OR/WA offshore. Short-beaked common dolphin, CA/OR/WA. Long-beaked common dolphin, CA/OR/WA. Northern right-whale dolphin, CA/OR/WA. Short-finned pilot whale, CA/OR/WA. Baird’s beaked whale, CA/OR/WA. Mesoplodont beaked whale, CA/OR/WA. Cuvier’s beaked whale, CA/OR/WA. Pygmy sperm whale, CA/OR/WA. California sea lion, U.S. Northern elephant seal, CA breeding. Humpback whale, CA/OR/WA-Mexico. Minke whale, CA/OR/WA. Striped dolphin, CA/OR/WA. Killer whale, CA/OR/WA Pacific coast. Northern fur seal, San Miguel Island. CA yellowtail, barracuda, white seabass, and tuna drift 24 None documented. gillnet fishery (mesh size > 3.5 inches and < 14 inches).

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TABLE 1.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number of Fishery description vessels/ Marine mammal species and stocks incidentally killed/injured persons

WA Puget Sound Region salmon drift gillnet (includes all in- 225 Harbor porpoise, WA. land waters south of US-Canada border and eastward of Dall’s porpoise, CA/OR/WA. the Bonilla-Tatoosh line—Treaty Indian fishing is ex- Harbor seal, WA inland. cluded). PURSE SEINE FISHERIES AK Southeast salmon purse seine ...... 416 Humpback whale, central North Pacific. CA anchovy, mackerel, tuna purse seine ...... 150 Bottlenose dolphin, CA/OR/WA offshore. California sea lion, U.S. Harbor seal, CA. CA squid purse seine ...... 65 Short-finned pilot whale, CA/OR/WA. TRAWL FISHERIES AK miscellaneous finfish pair trawl ...... 2 None documented. LONGLINE FISHERIES CA pelagic longline ...... 30 California sea lion. OR swordfish floating longline ...... 2 None documented. OR blue shark floating longline ...... 1 None documented.

Category III

GILLNET FISHERIES: AK Cook Inlet salmon set gillnet ...... 745 Steller sea lion, Western U.S. Harbor seal, GOA. Harbor porpoise, GOA. Dall’s porpoise, AK. Beluga whale, Cook Inlet. AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon 1,922 Harbor porpoise, Bering Sea. gillnet. AK miscellaneous finfish set gillnet ...... 3 Steller sea lion, Western U.S. AK Prince William Sound salmon set gillnet ...... 30 Steller sea lion, Western U.S. Harbor seal, GOA. AK roe herring and food/bait herring gillnet ...... 2,034 None documented. CA set and drift gillnet fisheries that use a stretched mesh 341 None documented. size of 3.5 in or less. Hawaii gillnet ...... 115 Bottlenose dolphin, HI. Spinner dolphin, HI. WA Grays Harbor salmon drift gillnet (excluding treaty Tribal 24 Harbor seal, OR/WA coast. fishing). WA, OR herring, smelt, shad, sturgeon, bottom fish, mullet, 913 None documented. perch, rockfish gillnet. WA, OR lower Columbia River (includes tributaries) drift 110 California sea lion, U.S. gillnet. Harbor seal, OR/WA coast. WA Willapa Bay drift gillnet ...... 82 Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. PURSE SEINE, BEACH SEINE, ROUND HAUL AND THROW NET FISHERIES: AK Metlakatla salmon purse seine ...... 10 None documented. AK miscellaneous finfish beach seine ...... 1 None documented. AK miscellaneous finfish purse seine ...... 3 None documented. AK octopus/squid purse seine ...... 2 None documented. AK roe herring and food/bait herring beach seine ...... 8 None documented. AK roe herring and food/bait herring purse seine ...... 624 None documented. AK salmon beach seine ...... 34 None documented. AK salmon purse seine (except Southeast Alaska, which is 953 Harbor seal, GOA. in Category II). CA herring purse seine ...... 100 California sea lion, U.S. Harbor seal, CA. CA sardine purse seine ...... 120 None documented. HI opelu/akule net ...... 16 None documented. HI purse seine ...... 18 None documented. HI throw net, cast net ...... 47 None documented. WA (all species) beach seine or drag seine ...... 235 None documented. WA, OR herring, smelt, squid purse seine or lampara ...... 130 None documented. WA salmon purse seine ...... 440 None documented. WA salmon reef net ...... 53 None documented. DIP NET FISHERIES: CA squid dip net ...... 115 None documented. WA, OR smelt, herring dip net ...... 119 None documented. MARINE AQUACULTURE FISHERIES: CA salmon enhancement rearing pen ...... >1 None documented. OR salmon ranch ...... 1 None documented.

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TABLE 1.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number of Fishery description vessels/ Marine mammal species and stocks incidentally killed/injured persons

WA, OR salmon net pens...... 14 California sea lion, U.S. Harbor seal, WA inland waters. TROLL FISHERIES: AK North Pacific halibut, AK bottom fish, WA, OR, CA alba- 1,530 None documented. core, groundfish, bottom fish, CA halibut non-salmonid (330 AK) troll fisheries. AK salmon troll ...... 2,335 Steller sea lion, Western U.S. Steller sea lion, Eastern U.S. American Samoa tuna troll ...... <50 None documented. CA/OR/WA salmon troll ...... 4,300 None documented. Commonwealth of the Northern Mariana Islands tuna troll .... 50 None documented. Guam tuna troll ...... 50 None documented. HI net unclassified ...... 106 None documented. HI trolling, rod and reel ...... 1,795 None documented. LONGLINE/SET LINE FISHERIES: AK Bering Sea, Aleutian Islands groundfish longline/set line 148 Northern elephant seal, CA breeding. (federally regulated waters, including miscellaneous finfish Killer whale, Eastern North Pacific resident. and sablefish). Killer whale, transient. Steller sea lion, Western U.S. Pacific white-sided dolphin, North Pacific. Dall’s porpoise, AK. Harbor seal, Bering Sea. AK Gulf of Alaska groundfish longline/set line (federally reg- 1,030 Steller sea lion, Western U.S. ulated waters, including miscellaneous finfish and sable- Harbor seal, Southeast AK. fish). Northern elephant seal, CA breeding. AK halibut longline/set line (State and Federal waters) ...... 3,079 Steller sea lion, Western U.S. AK octopus/squid longline ...... 7 None documented. AK state-managed waters groundfish longline/setline (includ- 731 None documented. ing sablefish, rockfish, and miscellaneous finfish). HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic 140 Humpback whale, Central North Pacific. sharks longline/set line. False killer whales, HI. Risso’s dolphin, HI. Bottlenose dolphin, HI. Spinner dolphin, HI. Short-finned pilot whale, HI. Sperm whale, HI. WA, OR, CA groundfish, bottomfish longline/set line ...... 367 None documented. WA, OR North Pacific halibut longline/set line ...... 350 None documented. TRAWL FISHERIES: AK Bering Sea and Aleutian Islands Groundfish Trawl ...... 157 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific. Killer whale, Eastern North Pacific resident. Killer whale, Eastern North Pacific transient. Pacific white-sided dolphin, North Pacific. Harbor porpoise, Bering Sea . Harbor seal, Bering Sea. Harbor seal, Gulf of Alaska. Bearded seal, AK. Ringed seal, AK. Spotted seal, AK. Dall’s porpoise, AK. Ribbon seal, AK. Northern elephant seal, CA breeding. Sea otter, AK. Pacific walrus, AK. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. Fin whale, Northeast Pacific. AK food/bait herring trawl ...... 3 None documented. AK Gulf of Alaska groundfish trawl ...... 145 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific. Harbor seal, GOA. Dall’s porpoise, AK. Northern elephant seal, CA breeding. Fin whale, Northeast Pacific. AK miscellaneous finfish otter or beam trawl ...... 6 None documented. AK shrimp otter trawl and beam trawl (statewide and Cook 58 None documented. Inlet).

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TABLE 1.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number of Fishery description vessels/ Marine mammal species and stocks incidentally killed/injured persons

AK state-managed waters of Cook Inlet, Kachemak Bay, 2 None documented. Prince William Sound, Southeast AK groundfish trawl. WA, OR, CA groundfish trawl ...... 585 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, central North Pacific. Dall’s porpoise, CA/OR/WA. California sea lion, U.S. Harbor seal, OR/WA coast. WA, OR, CA shrimp trawl ...... 300 None documented. POT, RING NET, AND TRAP FISHERIES: AK Bering Sea, Gulf of Alaska finfish pot ...... 314 Harbor seal, GOA. Harbor seal, Bering Sea. Sea otter, AK. AK crustacean pot ...... 1,852 Harbor porpoise, Southeast AK. Humpback whale, Central North Pacific. AK octopus/squid pot ...... 72 None documented. AK snail pot ...... 2 None documented. CA lobster, prawn, shrimp, rock crab, fish pot ...... 608 Sea otter, CA. OR, CA hagfish pot or trap ...... 25 None documented. WA, OR, CA crab pot ...... 1,478 None documented. WA, OR, CA sablefish pot ...... 176 None documented. WA, OR shrimp pot & trap ...... 254 None documented. HI crab trap ...... 22 None documented. HI fish trap ...... 19 None documented. HI lobster trap ...... 15 Hawaiian monk seal. HI shrimp trap ...... 5 None documented. HANDLINE AND JIG FISHERIES: AK miscellaneous finfish handline and mechanical jig ...... 100 None documented. AK North Pacific halibut handline and mechanical jig ...... 93 None documented. AK octopus/squid handline ...... 2 None documented. American Samoa bottomfish ...... <50 None documented. Commonwealth of the Northern Mariana Islands bottomfish <50 None documented. Guam bottomfish ...... <50 None documented. HI aku boat, pole and line ...... 54 None documented. HI deep sea bottomfish ...... 434 Hawaiian monk seal. HI inshore handline ...... 650 Bottlenose dolphin, HI. HI tuna ...... 144 Rough-toothed dolphin, HI. Bottlenose dolphin, HI. Hawaiian monk seal. WA groundfish, bottomfish jig ...... 679 None documented. HARPOON FISHERIES: CA swordfish harpoon ...... 228 None documented. POUND NET/WEIR FISHERIES: AK herring spawn on kelp pound net ...... 452 None documented. AK Southeast herring roe/food/bait pound net ...... 3 None documented. WA herring brush weir ...... 1 None documented. BAIT PENS: WA/OR/CA bait pens ...... 13 None documented. DREDGE FISHERIES: Coastwide scallop dredge ...... 108 None documented. (12 AK) DIVE, HAND/MECHANICAL COLLECTION FISHERIES: AK abalone ...... 1 None documented. AK clam ...... 156 None documented. WA herring spawn on kelp ...... 4 None documented. AK dungeness crab ...... 3 None documented. AK herring spawn on kelp ...... 363 None documented. AK urchin and other fish/shellfish ...... 471 None documented. CA abalone ...... 111 None documented. CA sea urchin ...... 583 None documented. HI coral diving ...... 2 None documented. HI fish pond ...... 10 None documented. HI handpick ...... 135 None documented. HI lobster diving ...... 6 None documented. HI squiding, spear ...... 267 None documented. WA, CA kelp ...... 4 None documented. WA/OR sea urchin, other clam, octopus, oyster, sea cucum- 637 None documented. ber, scallop, ghost shrimp hand, dive, or mechanical col- lection. WA shellfish aquaculture ...... 684 None documented. COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES:

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TABLE 1.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number of Fishery description vessels/ Marine mammal species and stocks incidentally killed/injured persons

AK, WA, OR, CA commercial passenger fishing vessel ...... >7,000 None documented. (1,107 AK) HI ‘‘other’’ ...... 114 None documented. LIVE FINFISH/SHELLFISH FISHERIES: CA finfish and shellfish 93 None documented. live trap/hook-and-line. List of Abbreviations Used in Table 1: AK—Alaska; CA—California; GOA—Gulf of Alaska; HI—Hawaii; OR—Oregon; WA—Washington.

TABLE 2.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN

Estimated # of ves- Fishery Description sels/ Marine mammal species and stocks incidentally killed/injured persons

Category I

GILLNET FISHERIES: Mid-Atlantic coastal ...... >655 Humpback whale, Gulf of gillnet Maine. Minke whale, Canadian east coast. Bottlenose dolphin, WNA offshore. Bottlenose dolphin, WNA coastal. Harbor porpoise, GME/BF. Harbor seal, WNA. Harp seal, WNA. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. White-sided dolphin, WNA. Common dolphin, WNA. Northeast sink gillnet ...... 341 North Atlantic right whale, WNA. Humpback whale, WNA. Minke whale, Canadian east coast. Killer whale, WNA. White-sided dolphin, WNA. Bottlenose dolphin, WNA offshore. Harbor porpoise, GME/BF. Harbor seal, WNA. Gray seal, WNA. Common dolphin, WNA. Fin whale, WNA. Spotted dolphin, WNA. False killer whale, WNA. Harp seal, WNA. LONGLINE FISHERIES: Atlantic Ocean, Caribbean, Gulf of Mex- <200 Humpback whale, WNA. ico large pelagics longline. Minke whale, Canadian east coast. Risso’s dolphin, WNA. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. Common dolphin, WNA. Atlantic spotted dolphin, WNA. Pantropical spotted dolphin, WNA. Striped dolphin, WNA. Bottlenose dolphin, WNA offshore. Bottlenose dolphin, GMX Outer Continental Shelf. Bottlenose dolphin, GMX Continental Shelf Edge and Slope. Atlantic spotted dolphin, Northern GMX. Pantropical spotted dolphin, Northern GMX. Risso’s dolphin, Northern GMX. Harbor porpoise, GME/BF. Pygmy sperm whale, WNA. TRAP/POT FISHERIES: Northeast/Mid-Atlantic American lobster 13,000 North Atlantic right whale, WNA. trap/pot. Humpback whale, WNA. Fin whale, WNA. Minke whale, Canadian east coast. Harbor seal, WNA. TRAWL FISHERIES:

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TABLE 2.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated # of ves- Fishery Description sels/ Marine mammal species and stocks incidentally killed/injured persons

Atlantic squid, mackerel, butterfish trawl ...... 620 Common dolphin, WNA. Risso’s dolphin, WNA. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. White-sided dolphin, WNA.

Category II

GILLNET FISHERIES: Gulf of Mexico gillnet ...... 724 Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX Bay, Sound, and Estuarine. North Carolina inshore gillnet ...... 94 Bottlenose dolphin, WNA coastal. Northeast anchored float gillnet ...... 133 Humpback whale, WNA. White-sided dolphin, WNA. Harbor seal, WNA. Northeast drift gillnet ...... (1) None documented. Southeast Atlantic gillnet ...... 779 Bottlenose dolphin, WNA coastal. Southeastern U.S. Atlantic shark gillnet ...... 6 Bottlenose dolphin, WNA coastal. North Atlantic right whale, WNA. Atlantic spotted dolphin, WNA. TRAWL FISHERIES: Atlantic herring midwater trawl (including pair trawl) ...... 17 Harbor seal, WNA. TRAP/POT FISHERIES: Atlantic blue crab trap/pot ...... >16,000 Bottlenose dolphin, WNA coastal. West Indian manatee, FL. Atlantic mixed species trap/pot ...... (1) Fin whale, WNA. Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. Harbor porpoise, GM/BF. PURSE SEINE FISHERIES: Gulf of Mexico menhaden purse seine ...... 50 Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern GMX coastal. HAUL/BEACH SEINE FISHERIES: Mid-Atlantic haul/beach seine ...... 25 Bottlenose dolphin, WNA coastal. Harbor porpoise, GME/BF. North Carolina long haul seine ...... 33 Bottlenose dolphin, WNA coastal. STOP NET FISHERIES: North Carolina roe mullet stop net ...... 13 Bottlenose dolphin, WNA coastal. POUND NET FISHERIES: Virginia pound net ...... 187 Bottlenose dolphin, WNA coastal.

Category III

GILLNET FISHERIES: Caribbean gillnet ...... >991 Dwarf sperm whale, WNA. West Indian manatee, Antillean. Chesapeake Bay inshore gillnet ...... 45 Harbor porpoise, GME/BF. Delaware Bay inshore gillnet ...... 60 Humpback whale, WNA. Bottlenose dolphin, WNA coastal. Harbor porpoise, GME/BF. Long Island Sound inshore gillnet ...... 20 Humpback whale, WNA. Bottlenose dolphin, WNA coastal. Harbor porpoise, GME/BF. Rhode Island, southern Massachusetts (to Monomoy Is- 32 Humpback whale, WNA. land), and New York Bight (Raritan and Lower New York Bottlenose dolphin, WNA. Bays) inshore gillnet. Harbor porpoise, GME/BF. TRAWL FISHERIES: Calico scallops trawl ...... 12 None documented. Crab trawl ...... 400 None documented. Georgia, South Carolina, Maryland whelk trawl ...... 25 None documented. Gulf of Maine, Mid-Atlantic sea scallop trawl ...... 215 None documented. Gulf of Maine northern shrimp trawl ...... 320 None documented. Gulf of Mexico butterfish trawl ...... 2 Atlantic spotted dolphin, Eastern GMX. Pantropical spotted dolphin, Eastern GMX. Gulf of Mexico mixed species trawl ...... 20 None documented. Mid-Atlantic mixed species trawl ...... >1,000 None documented.

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TABLE 2.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated # of ves- Fishery Description sels/ Marine mammal species and stocks incidentally killed/injured persons

North Atlantic bottom trawl ...... 1,052 Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. Common dolphin, WNA. White-sided dolphin, WNA. Striped dolphin, WNA. Bottlenose dolphin, WNA offshore. Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ...... >18,000 Bottlenose dolphin, WNA coastal. U.S. Atlantic monkfish trawl ...... (1) Common dolphin, WNA. MARINE AQUACULTURE FISHERIES: Finfish aquaculture ...... 48 Harbor seal, WNA. Shellfish aquaculture ...... (1) None documented. PURSE SEINE FISHERIES: Gulf of Maine Atlantic herring purse seine ...... 30 Harbor porpoise, GME/BF Harbor seal, WNA. Gray seal, WNA. Gulf of Maine menhaden purse seine ...... 50 None documented. Florida west coast sardine purse seine ...... 10 Bottlenose dolphin, Eastern GMX coastal. Mid-Atlantic menhaden purse seine ...... 22 Bottlenose dolphin, WNA coastal. Humpback whale, WNA. U.S. Atlantic tuna purse seine ...... 5 None documented. U.S. Mid-Atlantic hand seine ...... >250 None documented. LONGLINE/HOOK-AND-LINE FISHERIES: Gulf of Maine tub trawl groundfish bottom longline/hook-and- 46 Harbor seal, WNA. line. Gray seal, Northwest North Atlantic. Humpback whale, WNA. Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook- 26,223 Humpback whale, WNA. and-line/harpoon. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean >5,000 None documented. snapper- grouper and other reef fish bottom longline/hook- and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom <125 None documented. longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean 1,446 None documented. pelagic hook-and-line/harpoon. TRAP/POT FISHERIES: Caribbean mixed species trap/pot ...... >501 None documented. Caribbean spiny lobster trap/pot ...... >197 None documented. Florida spiny lobster trap/pot ...... 2,145 Bottlenose dolphin, Eastern GMX coastal. Gulf of Mexico blue crab trap/pot ...... 4,113 Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX Bay, Sound, & Estuarine. West Indian manatee, FL. Gulf of Mexico mixed species trap/pot ...... (1) None documented. Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/ 10 None documented. pot. Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/ 4,453 None documented. pot. U.S. Mid-Atlantic eel trap/pot ...... >700 None documented. STOP SEINE/WEIR/POUND NET FISHERIES: Gulf of Maine herring and Atlantic mackerel stop seine/weir 50 North Atlantic right whale, WNA. Humpback whale, WNA. Minke whale, Canadian east coast. Harbor porpoise, GME/BF. Harbor seal, WNA. Gray seal, Northwest North Atlantic. U.S. Mid-Atlantic crab stop seine/weir ...... 2,600 None documented. U.S. Mid-Atlantic mixed species stop seine/weir/pound net 751 None documented. (except the North Carolina roe mullet stop net). DREDGE FISHERIES: Gulf of Maine mussel ...... >50 None documented. Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ...... 233 None documented. U.S. Mid-Atlantic/Gulf of Mexico oyster ...... 7,000 None documented. U.S. Mid-Atlantic offshore surf clam and quahog dredge ...... 100 None documented. HAUL/BEACH SEINE FISHERIES: Caribbean haul/beach seine ...... 15 West Indian manatee, Antillean. Gulf of Mexico haul/beach seine ...... (1) None documented. Southeastern U.S. Atlantic, haul/beach seine ...... 25 None documented.

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TABLE 2.—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated # of ves- Fishery Description sels/ Marine mammal species and stocks incidentally killed/injured persons

DIVE, HAND/MECHANICAL COLLECTION FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, 20,000 None documented. hand/mechanical collection. Gulf of Maine urchin dive, hand/mechanical collection ...... >50 None documented. Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Carib- (1) None documented. bean cast net. COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean commercial pas- 4,000 None documented. senger fishing vessel. 1 Unknown. List of Abbreviations Used in Table 2: FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX—Gulf of Mexico; NC—North Carolina; SC—South Carolina; TX—Texas; WNA—Western North Atlantic.

Classification suggestions for reducing burden, to The impacts of numerous fisheries have NMFS and OMB (see ADDRESSES). been analyzed in various biological The Chief Counsel for Regulation of Notwithstanding any other provision opinions, and this final rule will not the Department of Commerce certified of law, no person is required to respond affect the conclusions of those opinions. to the Chief Counsel for Advocacy of the to nor shall a person be subject to a The classification of fisheries on the Small Business Administration that this penalty for failure to comply with a LOF is not considered to be a rule will not have a significant collection of information subject to the management action that would economic impact on a substantial requirements of the Paperwork adversely affect threatened or number of small entities. No comments Reduction Act unless that collection of endangered species. If NMFS takes a were received regarding the economic information displays a currently valid management action, for example, impact of this rule. As a result, no OMB control number. through the development of a TRP, regulatory flexibility analysis was This final rule has been determined to NMFS would conduct consultation prepared. be not significant for the purposes of under section 7 of the ESA for that Executive Order 12866. This final rule contains collection-of- action. An environmental assessment (EA) information requirements subject to the was prepared under the National This final rule will have no adverse Paperwork Reduction Act. The Environmental Policy Act (NEPA) for impacts on marine mammals and may collection of information for the regulations to implement section 118 of have a positive impact on marine registration of fishers under the MMPA the MMPA (1995 EA). The 1995 EA mammals by improving knowledge of has been approved by the Office of concluded that implementation of those marine mammals and the fisheries Management and Budget (OMB) under regulations would not have a significant interacting with marine mammals OMB control number 0648–0293 (0.25 impact on the human environment. This through information collected from hours per report for new registrants and final rule would not make any observer programs or take reduction 0.15 hours per report for renewals). The significant change in the management of teams. requirement for reporting marine reclassified fisheries, and therefore, this This final rule will not affect the land mammal injuries or moralities has been final rule is not expected to change the or water uses or natural resources of the approved by OMB under OMB control analysis or conclusion of the 1995 EA. coastal zone, as specified under section number 0648–0292 (0.15 hours per If NMFS takes a management action, for 307 of the Coastal Zone Management report). These estimates include the example, through the development of a Act. time for reviewing instructions, Take Reduction Plan (TRP), NMFS will Dated: July 9, 2003. searching existing data sources, first prepare an environmental gathering and maintaining the data document as required under NEPA Rebecca Lent, needed, and completing and reviewing specific to that action. Deputy Assistant Administrator for the collection of information. Send This final rule will not affect species Regulatory Programs, National Marine comments regarding these reporting listed as threatened or endangered Fisheries Service. burden estimates or any other aspect of under the Endangered Species Act [FR Doc. 03–17866 Filed 7–14–03; 8:45 am] the collection of information, including (ESA) or their associated critical habitat. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 68, No. 135

Tuesday, July 15, 2003

This section of the FEDERAL REGISTER and order corrective action in labor- or appointed administrative judge; contains notices to the public of the proposed management representation matters. reconsideration refers to the process issuance of rules and regulations. The The Board’s current procedural whereby the same decisionmaker purpose of these notices is to give interested regulations applicable to GAO appear at examines whether or not to change a persons an opportunity to participate in the 4 CFR parts 27 and 28. The Board is decision. rule making prior to the adoption of the final rules. proposing to revise these regulations. Section 28.2 (Jurisdiction): The The changes are intended to clarify the introductory language of paragraph (a) is meaning of some sections, to correct a streamlined. Subsection (b)(3) is revised GENERAL ACCOUNTING OFFICE few provisions affected by changes in to clarify that the Board’s jurisdiction law or agency structure, and to extends to determination of the 4 CFR Parts 27, 28 and 29 streamline certain procedures. The appropriateness of a unit for collective significant proposed changes are bargaining. Personnel Appeals Board; Procedural described below. Section 28.3 (General definitions): Rules The Board no longer has jurisdiction Several clarifying changes are found in over claims concerning employment the definitions section. Definitions for AGENCY: General Accounting Office practices at the Architect of the Capitol. Personnel Appeals Board. Clerk of the Board, Director of EEO As a result, the regulations in part 29 are Oversight, and Executive Director of the ACTION: Proposed rule. being repealed and the part reserved. Personnel Appeals Board are new. The This also necessitates a few conforming SUMMARY: The General Accounting definition of Charge is revised to clarify changes to the provisions in parts 27 Office Personnel Appeals Board (PAB) that the term applies to requests for the and 28. has authority with respect to PAB Office of General Counsel to employment practices within the Highlights of Significant Changes in the investigate a matter. References to General Accounting Office (GAO or Proposed Regulations Recommended Decisions and Exceptions are deleted, in conformity agency), pursuant to the General The proposed revisions contain with the Board’s decision to delete Accounting Office Personnel Act of several significant refinements to the section 28.86. ‘‘Notice of Appeal’’ is 1980. The PAB is proposing to revise its Board’s procedures. Over the last substituted for ‘‘Request for Review’’ to procedural regulations. The changes are several years, the Board has repeatedly more clearly define the process of intended to clarify the meaning of some observed that litigants not represented appealing an initial decision to the full sections, to correct a few provisions by the PAB Office of General Counsel Board. The definition of Pleading is affected by changes in law or agency (PAB/OGC) have been confused by such revised to specifically include structure, and to refine certain terms as the ‘‘Right to Appeal Letter’’ procedures. The Board invites public issued by that Office following an documents pertaining to a request for comment on the proposed regulations. investigation and the ‘‘Petition for appellate review by the full Board. Workforce Restructuring Action (WRA), DATES: Comments must be received on Review’’ to be filed with the Board. as defined by GAO Order 2351.1 or before September 15, 2003, in order Many individuals misinterpreted the (January 21, 2003), is added in the to be considered. previous terminology to mean that the Board was reviewing the investigation definition section and substituted ADDRESSES: Comments may be mailed throughout the regulations for to: Clerk of the Board, General or conclusion of its Office of General Counsel, or where applicable, GAO’s Reduction in Force (RIF). Accounting Office Personnel Appeals Section 28.8 (Informal procedural Board, Suite 560, Union Center Plaza II, Office of Opportunity and Inclusiveness, rather than exercising de advice): This provision is revised to 441 G Street NW., Washington, DC expand the list of persons who provide 20548. Comments may also be novo authority to review the underlying agency action that was the subject of informal procedural advice at the Board. submitted by facsimile transmission to Section 28.11 (Filing a charge with the 202–512–7525. investigation. For this reason, the term ‘‘Right to Petition Letter’’ has been Office of General Counsel): The section FOR FURTHER INFORMATION CONTACT: Beth substituted for ‘‘Right to Appeal Letter’’ is revised to clarify the options as to Don, Executive Director, or Susan Inzeo, and the term ‘‘Petition’’ has been how to file a charge. Subsection (d)(2) Solicitor, 202–512–6137. substituted for ‘‘Petition for Review.’’ is revised to state that the PAB Office of SUPPLEMENTARY INFORMATION: The Similarly, the revisions clarify that an General Counsel investigates rather than General Accounting Office Personnel ‘‘appeal’’ before the PAB is the stage of reviews actions underlying a charge. Appeals Board is authorized by a Board proceeding when the full Board Section 28.12 (General Counsel Congress, pursuant to 31 U.S.C. 751– reviews the decision of a single member, procedures): ‘‘Right to Petition Letter’’ is 755, to hear and decide cases brought by panel of members, or appointed substituted for ‘‘Right to Appeal Letter,’’ GAO employees concerning various administrative judge. and ‘‘Petition’’ is substituted for personnel matters including adverse or Other notable proposed changes to the ‘‘Petition for Review,’’ throughout this performance-based actions, claims of Board’s regulations are summarized section. Subsection (d) is reorganized discrimination, alleged prohibited below: and further divided into subdivisions personnel practices, and labor- Section 27.1 (The Board): Reference to (1), (2) and (3). Subsection (d)(2) is management relations. The Board also part 29 is deleted, and the last sentence amplified to clarify that a charging party exercises oversight authority over equal is revised to reflect the Board’s role of may file a Petition with the Board in employment opportunity at the agency, reviewing rather than reconsidering the accordance with § 28.18 even if the PAB and has authority to consider, decide, action of an individual member, panel Office of General Counsel does not find

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reasonable grounds to proceed on behalf practice before the Board. Section procedures to follow when the parties of the charging party. 28.21(b)(1), which includes filing agree to forego a hearing and have the New subsection (i) is added to explain requirements for motions practice before case decided on the record submitted. the PAB Office of General Counsel a single administrative judge, is revised This streamlined procedure will save policy on maintaining confidentiality of to make clear that filings are made with time and financial resources where documents. the Clerk of the Board rather than the appropriate. Section 28.13 (Special procedure for administrative judge. New § 28.22(b)(2) Section 28.66 (Admissibility): This Workforce Restructuring Action): This specifies the number of copies required section is revised to expressly provision is revised to reflect the when a matter is before the full Board. incorporate privilege as a grounds for agency’s change in terminology, Both subsections (b)(1) and (b)(2) exclusion of evidence. In addition, the replacing ‘‘Reduction in Force’’ specify that responses must be filed in revision clarifies that formal rules of terminology with ‘‘Workforce the same number as required for evidence are not binding but may Restructuring Action’’ and ‘‘Civil Rights motions and within 20 days of service provide guidance in Board cases. Office’’ with ‘‘Office of Opportunity and of the motion. New subsection (b)(3) Section 28.86 (Board procedures; Inclusiveness.’’ In addition, the requires that a motion for extension of recommended decisions): This section is provision is revised to clarify that the time or other procedural motion must repealed and reserved. The Board streamlined procedure, where include a statement concerning the believes the provision on initial applicable, may also extend to other party’s position on the motion. decisions, 28.87, including the standard individuals raising civil rights claims. New subsection (b)(4) states the Board for full Board review, adequately Section 28.17 (Internal petitions of operating procedure that motions or addresses the rare instance of Board employees): Subsection (a)(2) is related submissions must be filed with decisionmaking by an administrative revised to designate the Board’s the Board by 4 p.m. Subsection (b)(5) judge who is not a Board member. In Executive Director or General Counsel states the requirement that written addition, providing a unified procedure as alternate contact persons for Board motions and responses include a will simplify the Board process for employees who believe they have proposed order. Subsection (b)(6) states parties involved in adjudication. charges involving employment the governing standard that extensions Section 28.87 (Board procedures; discrimination. The change also reflects of time will be granted for good cause initial decisions): Subsection (a) is that the employee may seek procedural only. Subsection (b)(7) provides that the revised to include reference to a advice from either the Board’s Solicitor administrative judge has discretion to decision by an administrative judge who or its Office of General Counsel. allow oral argument on a motion. is not a member of the Board. Subsection (a)(3) is revised to specify New subsection (c) specifies rules and Subsection (g) is revised to clarify the that the PAB General Counsel arranges standards applicable to motions for standard applicable when a case is for processing of an internal complaint summary judgment. The Board believes heard by the full Board. In particular, through the Board’s Executive Director. that written, specific procedures on the Board’s deference to demeanor- The language of subsections (b)(1) and such motions will provide clarification based credibility determinations is (2) is streamlined. In addition, reference to parties about the method for seeking, made explicit. to section 28.86(c) is deleted from the appropriateness of, and the standard Section 28.88 (Board procedures; subsection (c)(3) because of the Board’s applicable to a motion for summary enforcement): The provision on decision to delete 28.86. judgment. compliance is revised for clarity and Section 28.18 (Filing a petition with Section 28.24 (Sanctions): The streamlining of requirements. The the Board): In addition to conforming introductory text of subsection (a) and revision includes specific reference to changes of terminology, the revision subsection (a)(2) are revised to expressly those settlement agreements over which clarifies the methods for filing and include failure to comply with a the Board retains jurisdiction. formalizes the 4 p.m. deadline that is subpoena as cause for imposing Section 28.89 (Attorney’s fees and Board operating practice. sanctions. costs): Reference to filing fee requests Section 28.19 (Content of response by Section 28.42 (Discovery procedures with the administrative judge who charged party): Subsection (a)(1) is and protective orders): Subsection (d)(5) heard the case is deleted, as this revised to require that the pleading filed is revised to set the discovery period to provision did not encompass a request in response to a Petition clearly identify begin with service of notice of filing filed after an administrative judge has the specific allegations to which each rather than with filing of a Petition. This left the Board. responsive answer refers. This provision change is necessary because of the Section 28.97 (Class actions in EEO addresses the difficulty in unpredictable time accounted for when cases): This section is revised to clarify understanding responses that do not a Petition is filed by mail. the different procedures for class actions contain specific references to the Section 28.46 (Motion for subpoena): in EEO cases. The revision explains that Petition, particularly where the Subsection (d), providing a procedure while there is no right to a de novo response attempts to divide an answer. for obtaining a subpoena where the Board hearing in these cases, either In addition, the section is reorganized to presiding administrative judge is not a party may request an evidentiary provide separately in new subsection Board member, is deleted. hearing at the Board or the Board may (a)(2) that any other defenses shall be Section 28.57 (Public hearings): on its own determine that such a contained in the response. Previous Subsection (b) is revised to substitute hearing is needed. subsection (a)(2) becomes (a)(3). ‘‘management representative’’ for Section 28.101 (Termination of Board Section 28.21 (Amendments to ‘‘technical representative.’’ proceedings when suit is filed in Federal petitions and motions practice): Section 28.61 (Burden and degree of District Court): This section is revised to Previous § 28.21(d) (General Counsel proof): The definition of ‘‘harmful error’’ clarify when a proceeding before the settlements) has been moved and is tightened for clarity. Board will be terminated because of a redesignated as § 28.12(i). Sections 28.62 (Decision on the suit pending in Federal District Court on Paragraph (b) is reorganized and record) and 28.63 (Closing the record): the same cause of action. further divided to more clearly delineate Previous § 28.62 is redesignated § 28.63 Section 28.112 (Who may file the specific requirements of motions to allow for a new § 28.62 specifying petitions): Subsection (a)(3) is revised to

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clarify the standard applicable when § 27.1 [Amended] 6. Amend § 28.2 by revising GAO files a representation petition. 2. Amend § 27.1 as follows: paragraphs (a) introductory text, and Section 28.113 (Contents of a. Remove the words ‘‘parts 28 and (b)(1) and (b)(3) to read as follows: representation petitions): Subsections 29’’ in the second sentence and add in § 28.2 Jurisdiction. (a)(7), (b), and (c) are revised to clarify their place ‘‘part 28’’; the required contents of a representation b. In the third sentence, remove the (a) The Board has jurisdiction to hear petition. word ‘‘reconsideration’’ and add in its and decide the following: Section 28.122 (Negotiability issues): place the word ‘‘review’’. * * * * * Subsection (e) is revised to refer to 3. Amend § 27.3 by revising the last (b) * * * § 28.87 for finality provisions, because sentence to read as follows: (1) An officer or employee petition of the repeal of § 28.86. involving a removal, suspension for Section 28.132 (Disciplinary § 27.3 The General Counsel. more than 14 days, reduction in grade proceedings): Subsection (e) is revised * * * The General Counsel, at the or pay, or furlough of not more than 30 by streamlining the description of the request of the Board, shall investigate days; process for appealing from a final order matters under the jurisdiction of the (2) * * * involving disciplinary action. Board, and otherwise assist the Board in (3) The appropriateness of a unit of Section 28.133 (Stay proceedings): carrying out its functions. employees for collective bargaining; This provision is revised substantially. * * * * * Subsection (a) is revised to clarify the PART 28—GENERAL ACCOUNTING 7. Revise § 28.3 to read as follows: OFFICE PERSONNEL APPEALS conditions when an ex parte stay § 28.3 General definitions. request may be filed. BOARD; PROCEDURES APPLICABLE Subsection (b) is revised to state the TO CLAIMS CONCERNING In this part— Charge means any request filed with purpose for which either a further EMPLOYMENT PRACTICES AT THE the PAB Office of General Counsel to temporary stay or a permanent stay may GENERAL ACCOUNTING OFFICE investigate any matter within the be requested. 4. The authority citation continues to jurisdiction of the Board, under the Subsection (c) is revised to provide read as follows: provisions of Subchapter IV of Chapter for the Board or its presiding member to Authority: 31 U.S.C. 753. 7 of Title 31, United States Code. require further submissions or Charging Party means any person proceedings on a stay request, and to filing a charge with the PAB Office of provide for an additional 30-day period Subpart A—Purpose, General Definitions, and Jurisdiction General Counsel for investigation. to decide a pending request where Clerk of the Board means the Clerk of necessary. 5. Amend § 28.1 by revising the Personnel Appeals Board. Subsection (d) is revised to clarify the paragraphs (a), (b), and (c) to read as Comptroller General means the standard applicable to a request for a follows: Comptroller General of the United further temporary stay under paragraph States. (b)(1). § 28.1 Purpose and scope. Days means calendar days. Subsection (e) is revised to streamline (a) The regulations in this part Director of EEO Oversight means the and clarify the balancing test applicable implement the Board’s authority with Personnel Appeals Board Director of to a request for permanent stay pending respect to employment practices within EEO Oversight. a decision on the merits. the General Accounting Office (GAO), Executive Director means the Subpart K—Access to Records pursuant to the General Accounting Executive Director of the Personnel New Subpart K, including §§ 28.160 Office Personnel Act of 1980 (GAOPA), Appeals Board. and 28.161, is added to state the 31 U.S.C. 751–755. GAO means the General Accounting procedures governing an individual’s (b) The purpose of the rules in this Office. request for information pertaining to part is to establish the procedures to be General Counsel means the General himself or herself and maintained in the followed by: Counsel of the Board, as provided for custody of the Personnel Appeals Board (1) The GAO, in its dealings with the under 31 U.S.C. 752. Office of General Counsel. Board; Initial Decision means the (2) Employees of the GAO or adjudicatory statement of a case that is List of Subjects in 4 CFR Parts 27, 28 issued by an administrative judge who and 29 applicants for employment with the GAO, or groups or organizations is a member of or appointed by the Administrative practice and claiming to be affected adversely by the Board. procedures, Equal employment Notice of Appeal means a request operations of the GAO personnel opportunity, Government employees, filed with the full Board appealing from system; Labor management relations. an initial decision. (3) Employees or organizations For the reasons stated in the Person means an employee, an petitioning for protection of rights or preamble, the General Accounting applicant for employment, a former extension of benefits granted to them Office Personnel Appeals Board employee, a labor organization or the under Subchapters III and IV of Chapter proposes to amend 4 CFR Chapter I, GAO. 7 of Title 31, United States Code; and Subchapter B, parts 27, 28, and 29 as Petition means any request filed with (4) The Board, in carrying out its follows: the Board for action to be taken on responsibilities under Subchapters III matters within the jurisdiction of the PART 27—GENERAL ACCOUNTING and IV of Chapter 7 of Title 31, United Board, under the provisions of OFFICE PERSONNEL APPEALS States Code. Subchapter IV of Chapter 7 of Title 31, BOARD; ORGANIZATION (c) The scope of the Board’s United States Code. operations encompasses the Petitioner means any person filing a 1. The authority citation for part 27 investigation and adjudication of cases petition for Board consideration. continues to read as follows: arising under 31 U.S.C. 753.* * * Pleading means a document that Authority: 31 U.S.C. 753. * * * * * initiates a cause of action before the

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Board, responds to a cause of action, (1) Time limits for filing a petition introduced into evidence before the amends a cause of action, responds to with the Board and the address of the Board. an amended cause of action, requests Board; (d)(1) If the General Counsel reconsideration of a decision, responds * * * * * determines that there are reasonable to such a request, requests appellate 11. Amend § 28.11 by revising the grounds to believe that the charging review by the full Board or responds to heading and paragraphs (c), (d)(2) and party’s rights under Subchapters III and such a request. the last sentence of paragraph (e) to read IV of Chapter 7 of Title 31, United States Request for Reconsideration means a as follows: Code, have been violated, then the request, filed with the administrative General Counsel shall represent the judge who rendered the initial decision, § 28.11 Filing a charge with the Office of charging party unless the charging party to reconsider that decision in whole or General Counsel. elects not to be represented by the part. * * * * * Office of General Counsel. Solicitor means the attorney (c) How to file. Charges may be filed (2) If, following the investigation, the appointed by the Board to provide with the Office of General Counsel by General Counsel determines that there advice and assistance to the Board in personal delivery (including are not reasonable grounds to believe carrying out its adjudicatory functions commercial carrier) or by mail. The that the charging party’s rights under and to otherwise provide assistance as address to be used differs for the two Subchapters III and IV of Chapter 7 of directed by the Board. kinds of filing. Title 31, United States Code, have been Workforce Restructuring Action (1) A charge may be filed by personal violated, then the General Counsel shall (WRA) means the release of an employee delivery at the Office of General not represent the charging party. The from a job group by separation, Counsel, Personnel Appeals Board, charging party may nonetheless file a demotion, reassignment requiring GAO, Suite 580, Union Center Plaza II, petition with the Board in accordance displacement, or furlough for more than 820 First Street, NE., Washington, DC with § 28.18. 30 days when the cause of action is lack 20002. (3) Any charging party may represent of work, shortage of funds, insufficient (2) A charge may be filed by mail him or herself or obtain other personnel ceiling, reorganization or addressed to the Office of General representation. realignment, an individual’s exercise of Counsel, Personnel Appeals Board, * * * * * reemployment or reinstatement rights, Suite 580, Union Center Plaza II, 441 G (g) If 180 days have elapsed since the correction of skills imbalances, or Street, NW., Washington, DC 20548 or filing of the charge, and the Office of reduction of high-grade supervisor or Office of General Counsel, Personnel General Counsel has not completed the managerial positions. Appeals Board, GAO, Suite 580, Union investigation and issued a Right to Center Plaza II, 820 First Street, NE., 8. Amend § 28.4 by adding paragraph Petition Letter, the charging party may Washington, DC 20002. When filed by (d) to read as follows: bring his or her case directly to the mail, the postmark shall be the date of Board by filing a petition in accordance § 28.4 Computation of time. filing for all submissions to the Office of with § 28.18. If a charging party * * * * * General Counsel. exercises this option to file a petition (d) No written submission shall be (d) * * * with the Board without waiting for the accepted by the Clerk of the Board after (2) The names and titles of persons, if completion of the investigation, the 4:00 p.m., Monday through Friday. any, responsible for actions the charging Office of General Counsel shall not party wishes to have the Office of represent the charging party in Subpart B—Procedures General Counsel investigate; proceedings before the Board. The * * * * * charging party may represent him- or 9. Amend § 28.8 by revising paragraph (e) * * * When attorney fees are the herself or obtain other representation. (a) to read as follows: only issue raised in a charge to the The Office of General Counsel shall § 28.8 Informal procedural advice. Office of General Counsel, the General close the investigation of the charge Counsel shall transmit the charge to the upon being notified by the Clerk of the (a) Persons may seek informal advice Board for processing under §§ 28.18 Board that the charging party has filed on all aspects of the Board’s procedures through 28.88 as a petition. a petition with the Board under this by contacting the Board’s Executive 12. Amend § 28.12 as follows: paragraph (g). Director, Director of EEO Oversight, a. Revise paragraphs (c), (d), and (g). (h) Office of General Counsel Solicitor, General Counsel or the Clerk b. Redesignate § 28.21(d) as paragraph settlement: Where the General Counsel of the Board. (h) and revise redesignated paragraph under paragraph (a) of this section * * * * * (h). transmits a settlement which has been 10. Amend § 28.10 by revising the c. Add new paragraph (i). agreed to by the parties, the settlement heading and the first sentence of The additions and revisions read as agreement shall be the final disposition paragraph (a) and paragraph (b)(1) to follows: of the case. read as follows: (i) Confidentiality: (1) It is the Office § 28.12 General Counsel procedures. of General Counsel’s policy to protect § 28.10 Notice of petition rights. * * * * * against the disclosure of documents (a) The GAO shall be responsible for (c) Following the investigation, the obtained during the investigation, as a ensuring that employees are routinely Office of General Counsel shall provide means of ensuring that Office’s advised of their rights to petition the the charging party with a Right to continuing ability to obtain all relevant Board and that employees who are the Petition Letter. Accompanying this information. However, if the Office of object of an adverse or performance- letter will be a statement of the General General Counsel files a petition with the based action are, at the time of the Counsel advising the charging party of Personnel Appeals Board on behalf of a action, adequately advised of their the results of the investigation. This charging party pursuant to this section, rights to petition the Board.* * * statement of the General Counsel is not that Office may disclose the identity of (b) * * * subject to discovery and may not be witnesses and a synopsis of their

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expected testimony. Documents to be have 20 days from service of this notice Subchapter IV of Chapter 7 of Title 31, offered into evidence at the hearing may to file an EEO charge with the PAB United States Code, or who is alleging be disclosed as required by the Office of General Counsel. Upon receipt that GAO or a labor organization prehearing disclosure requirements of of an EEO charge, the General Counsel engaged or is engaging in an unfair labor § 28.56. shall arrange with the Executive practice, may file a petition if one of the (2) Unless so ordered by a court of Director for processing in accordance following is met: competent jurisdiction, no employee of with paragraph (b) of this section. If the (1) The person has received a Right to the Personnel Appeals Board Office of EEO allegations involve challenge to a Petition Letter from the Board’s Office of General Counsel shall produce or WRA-based separation, the employee General Counsel; or disclose any information or records may choose to expedite the procedures (2) At least 180 days have elapsed acquired as part of the performance of by filing a petition directly with the from the filing of the charge with the his/her official duties or because of his/ Board. Board’s Office of General Counsel and her official status. Before producing or (3) When an employee of the Board that Office has not issued a Right to disclosing such information or records wishes to raise any other issue that Petition Letter; or pursuant to court order, an employee would be subject to the Board’s (3) The person was separated due to shall notify the General Counsel. jurisdiction, the employee shall file a a Workforce Restructuring Action and 13. Revise § 28.13 to read as folows: charge with the General Counsel and the chooses to file a petition directly with General Counsel shall arrange with the the Board, without first filing with the § 28.13 Special procedure for Workforce Executive Director for processing in Restructuring Action. Board’s Office of General Counsel, as accordance with paragraph (b) of this provided in § 28.13. In the event of a Workforce section. If the challenged action is a (b) When to file. (1) Petitions filed Restructuring Action (WRA) resulting in WRA-based separation from pursuant to paragraph (a)(1) of this an individual’s separation from employment, the employee may choose section must be filed within 30 days employment, an aggrieved employee to expedite the procedures by filing a after receipt by the charging party of the may choose to file a petition directly petition directly with the Board. Right to Petition Letter from the Board’s with the Personnel Appeals Board, (b) * * * Office of General Counsel. without first filing the charge with the (1) If agreed to by the Office of Special (2) Petitions filed pursuant to PAB’s Office of General Counsel Counsel or the EEOC, as appropriate, paragraph (a)(2) of this section may be pursuant to § 28.11. Pursuant to § 28.98, that body will appoint and detail a filed at any time after 180 days have individuals raising discrimination person from among its attorneys to elapsed from the filing of the charge issues in connection with a WRA action perform the functions of the General with the Board’s Office of General need not file a complaint with GAO’s Counsel. Counsel, provided that that Office has Office of Opportunity and Inclusiveness (2) If the Special Counsel or the EEOC not issued a Right to Petition Letter before pursuing a WRA challenge does not agree to such a procedure, an concerning the charge. alleging discrimination, either by filing appointment of an attorney will be (3) Petitions filed pursuant to directly with the PAB or by filing a sought from the Federal Mediation and paragraph (a)(3) of this section must be charge with the Board’s Office of Conciliation Service (FMCS). filed within 30 days after the effective General Counsel. (3) * * * date of the separation due to a (c) * * * Workforce Restructuring Action. Hearing Procedures for Cases Before (1) If agreed to by the MSPB or the (c) How to file. (1) A petition may be the Board—General EEOC, as appropriate, that body will filed by hand delivery at the office of 14. Amend § 28.15 by removing the appoint and detail one of its the Board, Suite 560, Union Center word ‘‘appeals’’ and adding in its place administrative law judges (ALJ) or Plaza II, 820 First Street NE., the word ‘‘petitions’’ in the first administrative judges (AJ) to perform Washington, DC 20002. It must be sentence. the Board’s adjudicative functions. received by 4 p.m., Monday through 15. Amend § 28.17 by revising the (2) If neither the MSPB nor the EEOC Friday, on the date that it is filed. heading, paragraphs (a)(2) and (a)(3), agrees to such a procedure, an (2) A petition may be filed by mail paragraphs (b)(1) and (b)(2) and appointment of an arbitrator will be addressed to the Personnel Appeals paragraphs (c)(1), (c)(2), and (c)(3) to sought from the FMCS. Board, GAO, Suite 560, Union Center read as follows: (3) In any event, whoever is so appointed shall possess all of the Plaza II, 441 G Street NW., Washington, § 28.17 Internal petitions of Board powers and authority possessed by the DC 20548 or Personnel Appeals Board, employees. Board in employee cases. The decision GAO, Suite 560, Union Center Plaza II, (a) * * * of the administrative law judge, 820 First Street NE., Washington, DC (2) When an employee of the Board administrative judge or arbitrator shall 20002. When filed by mail, the believes that he or she has been denied be a final decision of the Board. The postmark shall be the date of filing for his or her right to equal employment procedure for judicial review of the all submissions to the Board. opportunity, the employee shall bring decision shall be the same as that (d) What to file. The petition shall this matter to the attention of the described in § 28.90. include the following information: Board’s Executive Director or General * * * * * * * * * * Counsel. If the matter cannot be 16. Amend § 28.18 by revising (e) Failure to raise a claim or defense. resolved within 10 days, the Executive paragraphs (a), (b), (c), (d), introductory Failure to raise a claim or defense in the Director shall notify the employee of his text, (e) and (f) to read as follows: petition shall not bar its submission or her right to file an EEO complaint. later unless to do so would prejudice The employee may consult with either § 28.18 Filing a petition with the Board. the rights of the other parties or unduly the Board’s Solicitor or General Counsel (a) Who may file. Any person who is delay the proceedings. and seek advice with regard to claiming to be affected adversely by (f) Non-EEO class actions. One or procedural matters concerning the filing GAO action or inaction that is within more persons may file a petition as of an EEO charge. The employee shall the Board’s jurisdiction under representatives of a class in any matter

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within the Board’s jurisdiction. For the (b) Motions practice. (1) When an (3) Summary judgment will be purpose of determining whether it is action is before an administrative judge, granted if the pleadings, depositions, appropriate to treat a petition as a class motions of the parties shall be filed with answers to interrogatories, admissions, action, the administrative judge will be the Clerk of the Board and shall be in affidavits, if any, and other documents guided, but not controlled, by the writing except for oral motions made show that there is no genuine issue as applicable provisions of the Federal during the hearing. An original and 3 to any material fact and that the moving Rules of Civil Procedure. See § 28.97 for copies of written motions shall be filed party is entitled to judgment as a matter EEO class actions. with the Clerk of the Board. An original of law. 17. Revise § 28.19(a) to read as and 3 copies of responses in opposition (4) A party moving for summary follows: to written motions must be filed with judgment must make a showing § 28.19 Content of response by charged the Clerk of the Board within 20 days sufficient to establish the existence of party. of service of the motion unless the each element essential to that party’s cause of action and for which that party (a) Within 20 days after service of a administrative judge requires a shorter bears the burden of proof. copy of a petition, the GAO or other time. (5) When a party moves for summary charged party shall file a response (2) When an action is before the full judgment, the Board will evaluate the containing at least the following: Board, an original and 7 copies of any (1) A statement of the position of the motion shall be filed with the Clerk of motion on its own merits, resolving all charged party on each allegation set the Board. An original and 7 copies of reasonable inferences against the forth therein, including admissions, any responses in opposition to motions moving party. must be filed with the Clerk of the denials or explanations. If the petition § 28.22 [Amended] Board within 20 days of service of the contains numbered paragraphs, the 20. Amend § 28.22 by removing the responses should reference the motion unless the Board requires a shorter time. words ‘‘File recommended or’’ and paragraph numbers. If the petition does adding the word ‘‘Issue’’ in their place not contain numbered paragraphs, the (3) A party filing a motion for extension of time, a motion for in paragraph (b)(12). responses should quote or otherwise 21. Amend § 28.24 as follows: clearly identify the specific allegations postponement of a hearing, or any other procedural motion must first contact the a. Revise paragraph (a), introductory of the petition. text, and paragraph (a)(2) and (2) Any other defenses to the petition. other party to determine whether there (3) Designation of, and signature by, is any objection to the motion and must b. In paragraph (b), remove the words the representative authorized to act for state in the motion whether the other ‘‘an appeal’’ and add the words ‘‘a the charged party in the matter. party has any objection. petition’’. The revision reads as follows: * * * * * (4) No motions, responses or other 18. Amend § 28.20 by revising the submissions will be accepted for filing § 28.24 Sanctions. first and last sentences of paragraph by the Clerk of the Board after 4:00 p.m., * * * * * (b)(1) and the first two sentences of Monday through Friday. All written (a) Failure to comply with an order or paragraph (b)(2) to read as follows: submissions shall be served subpoena. When a party fails to comply simultaneously upon the other parties to with an order or subpoena (including an § 28.20 Number of pleadings, service and the proceeding. A certificate of service response. order for the taking of a deposition, for must be attached showing service by the production of evidence within the * * * * * mail, facsimile or personal delivery of (b) Service. (1) The Board will serve party’s control, for an admission, or for the submission to the other parties. production of witnesses), the copies of a petition upon the parties to Further submissions by either party may the proceeding by mail and/or by administrative judge may: be filed only with the approval of the (1) * * * facsimile. * * * The Board will not administrative judge or full Board. serve copies of any pleadings, motions, (2) Prohibit the party failing to (5) All written motions and responses or other submissions by the parties after comply with such order or subpoena thereto shall include a proposed order, the initial petition. from introducing, or otherwise relying (2) The parties shall serve on each where applicable. upon, evidence relating to the other one copy of all pleadings other (6) Motions for extension of time will information sought. than the initial petition. Service shall be be granted only upon a showing of good * * * * * made by mailing, by facsimile or by cause. delivering personally a copy of the (7) Oral argument. The administrative Parties, Practitioners and Witnesses pleading to each party on the service list judge may allow oral argument on the 22. Revise the first two sentences of previously provided by the Board. motion at his or her discretion. paragraph (a) of § 28.25 to read as *** (c) Motions for summary judgment. (1) follows: Either party may move for summary * * * * * § 28.25 Representation. 19. Revise § 28.21 to read as follows: judgment by filing a written motion no later than 14 days prior to the (a) All parties to a petition may be § 28.21 Amendments to petitions and commencement of the hearing or as represented in any matter relating to the motions practice. otherwise ordered by the administrative petition. The parties shall designate (a) Amendments to petitions. The judge. their representatives, if any, in the Board, at its discretion, may allow (2) Motions for summary judgment petition or responsive pleading. * * * amendments to a petition as long as all must be accompanied by a statement of * * * * * persons who are parties to the material facts for which there is no 23. Amend § 28.27 by revising the proceeding have adequate notice to genuine dispute and a statement of first two sentences of paragraph (c) to prepare for the new allegations and if to reasons in support of the motion. The read as follows: do so would not prejudice the rights of motion may be supported by the other parties or unduly delay the documents, affidavits, or other § 28.27 Intervenors. proceedings. evidence. * * * * *

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(c) A motion for permission to shall be submitted to the administrative (c) In matters submitted for decision intervene will be granted where a judge at least 15 days in advance of the on the record under this section, the determination is made by the date set for the attendance of the parties bear the same burdens of proof administrative judge or the Board, witness at a deposition or the set forth in § 28.61. where the case is being heard en banc, production of documents. (d) A decision obtained under this that the requestor will be affected * * * * * section is a decision on the merits of the directly by the outcome of the case and is appealable as if the matter proceeding. Denial of a motion for Hearings had been adjudicated in an evidentiary intervention may be appealed to the full 29. Amend § 28.56 by adding a second hearing. Board. * * * sentence in paragraph (f) to read as § 28.63 Closing the record. [Redesignated * * * * * follows: from § 28.62] § 28.28 [Amended] § 28.56 Hearing procedures, conduct and Evidence copies of exhibits. 24. Amend § 28.28 by removing the 33. Revise § 28.66 to read as follows: word ‘‘appeal’’ and adding the word * * * * * ‘‘petition’’ in its place in paragraph (a). (f) * * * Multiple exhibits shall be § 28.66 Admissibility. 25. Amend § 28.29 by revising indexed and tabbed. Evidence or testimony may be paragraph (a)(2) as follows: * * * * * excluded from consideration by the 30. Amend § 28.57 by revising administrative judge if it is irrelevant, § 28.29 Consolidation or joinder. paragraph (b) to read as follows: immaterial, unduly repetitious or (a) * * * protected by privilege. The (2) Joinder may occur where one § 28.57 Public hearings. administrative judge is not bound by person has two or more petitions * * * * * formal evidentiary rules but may rely on pending and they are united for (b) At the hearing, the petitioner, the the Federal Rules of Evidence for consideration. For example, a single petitioner’s representative, GAO’s legal guidance. petitioner who has one petition pending representative, and a GAO management 34. Revise § 28.69 to read as follows: challenging a 30-day suspension and representative, who is not expected to another petition pending challenging a testify, each have a right to be present. § 28.69 Judicial notice. subsequent dismissal might have the The Agency management representative The administrative judge on his or her cases joined. shall be designated prior to the hearing. own motion or on motion of a party, * * * * * 31. Amend § 28.61 as follows: may take judicial notice of a fact which a. In paragraph (b) introductory text, is not subject to reasonable dispute Discovery remove the word ‘‘may’’ and add in its because it is either: A matter of common 26. Amend § 28.41 by removing the place the word ‘‘shall,’’ knowledge; or A matter capable of word ‘‘appeal’’ in the first sentence and b. Revise the definition of harmful accurate and ready determination by add in its place the word ‘‘review’’ in error in paragraph (d). resort to sources whose accuracy cannot paragraph (b). The revision reads as follows: reasonably be questioned. Judicial 27. Amend § 28.42 by revising the notice taken of any fact satisfies a § 28.61 Burden and degree of proof. first sentence of paragraph (d)(5) to read party’s burden of proving the fact as follows: * * * * * noticed. (d) Definitions. For purposes of this § 28.42 Discovery procedures and section, the following definitions shall Board Decisions, Attorney’s Fees and protective orders. apply: Judicial Review * * * * * Harmful error means error by the § 28.86 [Removed and reserved] (d) * * * agency in the application of its (5) Discovery shall be completed by 35. Remove and reserve § 28.86. procedures which, in the absence or 36. Amend § 28.87 by revising the time designated by the cure of the error, might have caused the administrative judge, but no later than paragraphs (a) and (b) and paragraph (g), agency to reach a conclusion different introductory text,to read as follows: 65 days after the service of the notice of from the one reached. filing of a petition. * * * * * * * * § 28.87 Board procedures; initial Subpoenas 32. Redesignate § 28.62 as § 28.63, and decisions. 28. Amend § 28.46 as follows: add a new § 28.62 to read as follows: (a) When a case is heard in the first instance by a single Board member, a a. Revise paragraph (b). § 28.62 Decision on the record. b. Remove paragraph (d). panel of members, or a non-member The revision reads as follows: (a) The parties may agree to forego a appointed by the Board, an initial hearing and request that the matter be decision shall be issued by that member, § 28.46 Motion for subpoena. decided by the presiding administrative panel or individual and served upon the * * * * * judge based upon the record submitted. parties. (b) Motion. (1) A motion for the (b) If the parties agree to forego a (b) An aggrieved party may seek issuance of a subpoena requiring the hearing under this subpart, the record reconsideration of or may appeal the attendance and testimony of witnesses will close on the date that the initial decision in the following manner: or the production of documents or other administrative judge sets as the final (1) Within 10 days of the service of evidence under § 28.46(a) shall be date for the receipt or filing of the initial decision, such a party may submitted to the administrative judge at submissions of the parties. Once the file and serve a request for least 15 days in advance of the date record closes, no additional evidence or reconsideration with the administrative scheduled for the commencement of the argument will be accepted unless the judge or panel rendering that decision. hearing. party seeking to submit it demonstrates Filing of the request for reconsideration (2) If the subpoena is sought as part that the evidence was not available shall toll the commencement of the 15 of the discovery process, the motion before the record closed. day period for filing a notice of appeal

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with the full Board, pending disposition 38. Revise § 28.89 to read as follows: process. In such cases, the Board will of the request for reconsideration by the employ the same standards of review set § 28.89 Attorney’s fees and costs. administrative judge or panel. The forth in § 28.87. administrative judge or panel shall Within 20 days after service of a final decision by the Board, or within 20 days (e) The parties to an EEO class determine if a response is required, and complaint do not have a right to a de if so, will fix by order the time for the after the date on which an initial decision becomes final pursuant to novo evidentiary hearing before the filing of the response. A motion for Board. However, either the class reconsideration will not be granted § 28.87(d), the petitioner, if he or she is representative or GAO may file a motion without providing an opportunity for the prevailing party, may submit a requesting an evidentiary hearing, rather response. request for the award of reasonable (2) Within 15 days of the service of attorney’s fees and costs. GAO may file than having the Board decide the case the initial decision, such a party may a response within 20 days after service upon review of the administrative appeal to the full Board by filing and of the request. Motions for attorney’s record already developed by GAO. The serving a notice of appeal to the Board. fees shall be filed in accordance with Board, in its discretion, may grant such motion or, upon its own review of the * * * * * § 28.21 of these regulations. Rulings on (g) In conducting its examination of attorney’s fees and costs shall be administrative record, may direct that a the initial decision, the Board may consistent with the standards set forth at new hearing be conducted. If the Board substitute its own findings of fact and 5 U.S.C. 7701(g). The decision of the orders a new evidentiary hearing, the conclusions of law, but the Board administrative judge concerning class representative shall file a petition generally will defer to demeanor-based attorney’s fees and costs shall be subject on behalf of the class and the case shall credibility determinations made in the to review and shall become final be adjudicated before an administrative initial decision. In determining whether according to the provisions of § 28.87. judge of this Board pursuant to the some action other than affirmance of the procedures applicable to an individual initial decision is required, the Board Subpart D—Special Procedures; Equal EEO complaint processed under § 28.98 will also consider whether: Employment Opportunity (EEO) Cases of these regulations. For the purpose of * * * * * determining whether it is appropriate to 39. Amend § 28.95 by revising treat a petition as a class action, the 37. Amend § 28.88 as follows: paragraphs (a) and (d) to read as follows: a. Revise paragraphs (a), (b), and (d), administrative judge will be guided, but b. Add paragraphs (e) and (f). § 28.95 Purpose and scope. not controlled, by the applicable The revisions and additions read as * * * * * provisions of the Federal Rules of Civil follows: (a) Section 717 of the Civil Rights Act Procedure. § 28.88 Board procedures; enforcement. of 1964, as amended (42 U.S.C. 2000e– 41. Amend § 28.98 by revising 16), prohibiting discrimination based on (a) All decisions and orders of the paragraphs (d) and (e)(1) to read as Board shall be complied with promptly. race, color, religion, sex or national follows: origin; Whenever a Board decision or order § 28.98 Individual charges in EEO cases. requires a person or party to take any * * * * * action, the Board may require such (d) Title I of the Americans with * * * * * person or party to provide the Board Disabilities Act of 1990 (42 U.S.C. 12101 (d) Special rules for WRA based and all parties with a compliance report. et seq.) and sections 501 and 505 of the actions. An individual alleging (b) When the Board does not receive Rehabilitation Act of 1973 (29 U.S.C. discrimination issues in connection a report of compliance in accordance 791, 794a) prohibiting discrimination on with a WRA-based separation may with paragraph (a) of this section, the the basis of disability; or follow the procedures outlined above in Solicitor shall make inquiries to * * * * * paragraph (c) of this section for adverse determine the status of the compliance 40. Amend § 28.97 by revising and performance based actions, or may report and shall report upon the results paragraph (b), introductory text, the first choose instead a third option. In of the inquiry to the Board. sentence of paragraph (c), paragraphs accordance with the provisions of * * * * * (d), and (e) to read as follows: § 28.13, such an individual may (d) Upon receipt of a non-compliance challenge that action by filing directly § 28.97 Class actions in EEO cases. report from its Solicitor or of a petition with the PAB, thus bypassing both the for enforcement of a final decision, the * * * * * Office of Opportunity and Inclusiveness Board may issue a notice to any person (b) An appeal from GAO’s disposition and the Board’s Office of General to show cause why there was non- of any EEO class complaint may be Counsel. compliance. Apart from remedies submitted to the Board at the following times: (e)(1) The charging party shall file the available to the parties, the Board may charge with the Board’s Office of * * * * * seek judicial enforcement of a decision General Counsel in accordance with (c) In EEO class actions, employees or order issued pursuant to a show § 28.11. That Office shall investigate the shall not file charges with the Board’s cause proceeding. charge in accordance with § 28.12. (e) If the parties enter into a Office of General Counsel and that settlement agreement that has been Office shall not undertake an * * * * * independent investigation of a class reviewed and approved by the § 28.99 [Amended] administrative judge, the Board retains complaint that has been filed with GAO. jurisdiction to enforce the terms of such *** 42. Amend § 28.99 as follows: settlement agreement. (d) An appeal of a GAO disposition of a. Remove ‘‘for review’’ in the (f) Any party to a settlement an EEO class complaint shall be decided heading, agreement over which the Board retains by the Board based upon a review of the jurisdiction may petition the Board for administrative record, including any b. In paragraph (b)(1), add ‘‘Agency’’ enforcement of the terms of such recommended findings and conclusions, after ‘‘Provision for.’’ settlement agreement. developed in the GAO class complaint 43. Revise § 28.101to read as follows:

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§ 28.101 Termination of Board b. Remove the term ‘‘14b’’ and add in (b) The Board’s Office of General proceedings when suit is filed in Federal its place the term ‘‘15e’’, Counsel may request the issuance of District Court. c. Add the words ‘‘Office of ‘‘ before either: Any proceeding before the Board shall the phrase ‘‘General Counsel’’. (1) Further temporary stays for the be terminated when an employee or 47. Amend § 28.122 as follows: purpose of allowing additional time to applicant who is alleging violation of a. Remove ‘‘; compelling need’’ from pursue its investigation or Title VII of the Civil Rights Act of 1964, the heading, (2) A permanent stay for the purpose as amended, 42 U.S.C. 2000e–16, Title b. In paragraph (e) remove ‘‘§§ 28.86– of staying the proposed personnel action I of the Americans with Disabilities Act 28.87’’ and in its place add ‘‘§ 28.87’’. until a final decision is rendered. of 1990, 42 U.S.C. 12101 et seq., the Age 48. Amend § 28.123 as follows: (c) Requests for stays under paragraph Discrimination in Employment Act, 29 a. Revise paragraph (a)(4), (b) of this section shall be received by U.S.C. 633a, or the Rehabilitation Act, b. In paragraph (c), remove the words both the Board and the GAO no less 29 U.S.C. 791, files suit in Federal ‘‘Labor/Management Relations’’ and add than 10 days before the expiration of District Court on the same cause of the words ‘‘Employment Standards’’ in any stay then in effect. Any response action pending before the Personnel their place. from GAO to the request shall be Appeals Board. The revision reads as follows: received by both the Board and the 44. Amend § 28.112 by revising Board’s Office of General Counsel no paragraph (a)(3) to read as follows: § 28.123 Standards of conduct for labor less than three days before the organizations. § 28.112 Who may file petitions. expiration of any stay then in effect. (a) * * * Any request for stay under this (a) * * * (4) Fiscal integrity. paragraph shall be decided by the Board (3) The GAO if it has a good faith * * * * * member who issued the prior stay under reason to doubt that a majority of paragraph (a) of this section, unless the employees in the bargaining unit wish Subpart G—Corrective Action, Board Chair determines that it should be to be represented by the labor Disciplinary and Stay Proceedings decided by the Board en banc. The organization which is currently the § 28.131 [Amended] Board member, or Board en banc, may exclusive representative of those require further briefing, oral argument, 49. Amend paragraph (d) of § 28.131 employees; submission of affidavits or other by removing the words ‘‘for review’’ * * * * * documentary evidence, or may conduct after ‘‘petition’’ and adding the words 45. Amend § 28.113 by revising an evidentiary hearing before rendering ‘‘Board’s Office of’’ before the phrase paragraph (a)(7), the second sentence of a decision. Any stay then in effect may ‘‘General Counsel’’. paragraph (b), and the first sentence of be extended, sua sponte, for a period not paragraph (c) to read as follows: § 28.132 [Amended] to exceed 30 days to enable the Board § 28.113 Contents of representation 50. Amend § 28.132 by removing the member, or Board en banc, a reasonable petitions. first sentence in paragraph (e). opportunity to render a decision. (d) A temporary stay under paragraph (a) * * * 51. Amend § 28.133 by revising (b)(1) of this section may be issued if the (7) Membership cards, dues records, paragraphs (a), (b), (c), (d), and (e) to Board member, or Board en banc, or signed statements by employees read as follows: determines that under all of the indicating their desire to support the § 28.133 Stay proceedings. circumstances the interests of justice petition of the labor organization, or would be served by providing more time similar evidence acceptable to the (a) Prior to the effective date of any for the Board’s Office of General Board, showing that at least 30 percent proposed personnel action, the Board’s Counsel to pursue the investigation. of the employees in the proposed unit Office of General Counsel may request, However, the duration of any single support the representation petition. ex parte, the issuance of an initial stay temporary stay shall not exceed the (b) * * * Additionally, a petition of the proposed personnel action for a amount of time reasonably necessary to under § 28.112(a)(2) shall include period not to exceed 30 days if the acquire sufficient information to evidence satisfactory to the Board that at General Counsel believes that the support a request for a permanent stay least 30 percent of the employees in the proposed personnel action arises out of in the exercise of a high degree of unit support the petition to determine a prohibited personnel practice. The diligence and, in no event, shall any whether the employees wish to continue request shall be in writing and shall single temporary stay exceed 60 days to be represented by the labor specify the nature of the action to be except as provided under paragraph (c) organization currently having stayed and the basis for the General of this section for the purpose of bargaining rights. Counsel’s belief. The Board’s Office of allowing time to render a decision. (c) The contents of petitions filed General Counsel shall serve a copy of (e) In determining whether a under § 28.112(a)(3) shall conform to the request on the GAO. Within three permanent stay under paragraph (b)(2) those provided in petitions under business days of its filing, the request of this section should be issued, the paragraph (a) of this section except that shall be granted by the Board member Board member, or Board en banc, shall: the information required by paragraphs designated by the Board Chair to (a)(4) and (a)(7) of this section need not entertain the request unless that Board (1) Assess the evidence adduced by be supplied. * * * member determines that the request each side as to whether the proposed either: personnel action arises out of an alleged * * * * * (1) Fails to satisfy the requirements of prohibited personnel practice as Subpart F—Special Procedures; Unfair this paragraph or specified by the Board’s General Labor Practices (2) On its face, conclusively Counsel; establishes that the proposed personnel (2) Assess the nature and gravity of 46. Amend § 28.121(c) as follows: action did not arise out of an alleged any harm that could inure to each side a. Remove ‘‘for review’’ after the word prohibited personnel practice as if the request for permanent stay is ‘‘petition’’, specified by the General Counsel. either granted or denied; and

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(3) Balance the assessments exempt from disclosure, will follow the Security and Rural Investment Act of conducted under paragraphs (e)(1) and policies set forth in 4 CFR part 83. 2002. This action establishes and (2) of this section. codifies the administrative procedures § 28.161 Denial of Access to Information— to be followed in the solicitation of * * * * * Appeals. competitive proposals, the evaluation of Subpart I—Ex Parte Communications (a) If a request for access to such proposals, and the award and information under § 28.150 is denied, administration of grants under this 52. Amend § 28.146 by revising the the General Counsel shall give the Program. second sentence of paragraph (a) to read requester the following information: as follows: (1) The General Counsel’s name and DATES: The Agency must receive business mailing address; comments on or before August 14, 2003. § 28.146 Explanation and definitions. (2) The date of the denial; ADDRESSES: Comments should be sent to (a) * * * The only ex parte (3) The reasons for the denial, James Duffield, Economist, OEPNU/ communications that are prohibited are including citation of appropriate USDA, 300 7th Street SW., Reporters those that involve the merits of the case authorities; and Building, Room 361, Washington, DC or those that violate other rules (4) The individual’s right to appeal 20024. Comments may also be sent via requiring submissions to be in writing. the denial as set forth in paragraphs (b) electronic mail to * * * and (c) of this section. [email protected]. (b) Any individual whose request for * * * * * access to records of the PAB General FOR FURTHER INFORMATION CONTACT: 53. Add Subpart K, consisting of Counsel has been denied in whole or James Duffield at (202) 401–0523 or via §§ 28.160 and 28.161 to read as follows: part by the General Counsel may, within electronic mail at Subpart K—Access to Records 30 days of receipt of the denial, [email protected]. Sec. challenge that decision by filing a SUPPLEMENTARY INFORMATION: 28.160 Request for records. written request for review of the 28.161 Denial of access to information— decision with the Personnel Appeals Purpose Appeals. Board, 820 First Street, NE., Suite 560, The Office of Energy Policy and New Washington, DC 20002. Uses (OEPNU) proposes a new rule to Subpart K—Access to Records (c) The appeal shall describe: provide administrative provisions for § 28.160 Request for records. (1) The initial request made by the the Biodiesel Fuel Education Program, individual for access to records; which was authorized in Sec. 9004 of (a) Individuals may request access to (2) The General Counsel’s decision the Farm Security and Rural Investment records pertaining to them that are denying the request; and Act of 2002 (‘‘2002 Farm Bill’’) (7 U.S.C. maintained as described in 4 CFR part (3) The reasons why that decision 8104). The rule describes the policies 83, by addressing an inquiry to the PAB should be modified by the Board. and procedures OEPNU proposes to General Counsel either by mail or by (d) The Board, en banc, may in its apply to this Program. These policies appearing in person at the Personnel discretion render a decision based on are consistent with those used by other Appeals Board Office of General the record, may request oral argument, USDA agencies, particularly the Counsel, 820 First Street, NE., Suite 580, or may conduct an evidentiary hearing. Cooperative State Research, Education, Washington, DC 20002, during business and Extension Service (CSREES). The PART 29—[REMOVED AND hours on a regular business day. rules are consistent with the basic RESERVED] Requests in writing should be clearly parameters by which most Federal and prominently marked ‘‘Privacy Act 54. Remove and reserve Part 29. agencies operate competitive grants Request.’’ Requests for copies of records programs and will be revised as needed shall be subject to duplication fees set Anne M. Wagner, to conform with Federal streamlining forth in 4 CFR 83.17. Chair, Personnel Appeals Board, General efforts. (b) Individuals making a request in Accounting Office. The goals of the Biodiesel Fuel person shall be required to present [FR Doc. 03–17785 Filed 7–14–03; 8:45 am] Education Program are to stimulate satisfactory proof of identity, preferably BILLING CODE 1610–02–P biodiesel consumption and to accelerate a document bearing the individual’s the development of a biodiesel photograph. Requests by mail or infrastructure. Increasing biodiesel submitted other than in person should DEPARTMENT OF AGRICULTURE production will increase the demand for contain sufficient information to enable farm commodities, which in turn will the General Counsel to determine with 7 CFR Part 2903 raise farm prices and net farm income, reasonable certainty that the requester and lower government program Office of Energy; Biodiesel Fuel and the subject of the record are one and payments. The development of a Education Program—Administrative the same. To assist in this process, biodiesel industry would increase Provisions individuals should submit their names employment and stimulate economic and addresses, dates and places of birth, AGENCY: Office of the Chief Economist, growth in rural areas. social security number, and any other Office of Energy Policy and New Uses, Agencies’ Roles known identifying information such as USDA. an agency file number or identification ACTION: Proposed rule. Section 9004 of the 2002 Farm Bill (7 number and a description of the U.S.C. 8104) requires that the Secretary circumstances under which the records SUMMARY: The Office of Energy Policy make competitive grants to eligible were compiled. and New Uses (OEPNU) proposes to add entities to educate governmental and (c) Exemptions from disclosure. The new regulations for the purpose of private entities that operate vehicle Personnel Appeals Board General administering the Biodiesel Fuel fleets, other interested entities (as Counsel and the Personnel Appeals Education Program conducted under the determined by the Secretary), and the Board, in deciding what records are authority of section 9004 of the Farm public about the benefits of biodiesel

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fuel use. In the Joint Explanatory Participating Agencies’ Experience and to USDA and other Federal agencies that Statement of the Committee of Interaction With Stakeholders operate motor fleets. Beginning in July Conference accompanying the 2002 In designing the guidelines for the of 2000, USDA’s Office of Procurement Farm Bill, the Managers encouraged the Program, committee members relied on and Property Management (OPPM) has Secretary of Agriculture to utilize the their past experiences with biodiesel been conducting a series of expertise of OEPNU in carrying out the education and outreach. For over a informational meetings at various purposes of this section. The Secretary decade, USDA has been involved in locations around the United States to delegated this authority to the Chief biodiesel outreach programs. USDA’s educate Federal fleet managers and Economist, who is implementing this Office of Energy Policy and New Uses other stakeholders on the benefits of authority through OEPNU. The USDA (OEPNU) coordinates activities related biodiesel. Meetings have been held in Farm Bill Implementation Task Force to biodiesel and other renewable fuels Orlando, FL, San Antonio, TX, acknowledged that OEPNU would for the Department. Since 1993, OEPNU Minneapolis, MN, Washington, DC, Kansas City, MI, and Salt Lake City, UT. provide technical oversight for the has been involved with producer and Program and utilize the services of These meetings are used as a platform consumer stakeholder groups interested CSREES in administering the Program. to educate motor fleet personnel, postal in developing a biodiesel industry in the workers and the public about the major Memorandum of Understanding United States. One of the Department’s advantages of biodiesel. OPPM has also first efforts to bring biodiesel OEPNU and CSREES recognize the teamed with other entities interested in stakeholders together took place in need for coordination and collaboration the environmental and health effects of September 1995 when OEPNU and the between the agencies to carry out the biodiesel, such as the American Lung Department of Energy organized a intent of the law. A memorandum of Association and the National Biodiesel stakeholder meeting in Washington, DC. understanding has been signed by each Board, to conduct biodiesel education agency which specifies the manner in The purpose of the meeting was to meetings for Federal fleet managers, which OEPNU and CSREES will develop a life cycle inventory of postal workers, and other interested collaborate in the administration of the biodiesel. This life cycle inventory stakeholders. Program. OEPNU will utilize the furthered knowledge about the benefits services of CSREES, pursuant to the of biodiesel. Several groups were Proposal Review Economy Act, 31 U.S.C. 1535, to represented at the meeting, including In collaboration with external administer the Program grants, as biodiesel producers, the oilseed reviewers, the Oversight Committee will recommended by the Farm Bill processing industry, the rendering review proposals and recommend Implementation Task Force. The Task industry, engine manufacturers, state awards. The Committee will monitor the Force recommended CSREES because of and local governments, and Program’s performance and provide the Agency’s experience conducting environmental groups. guidance to OEPNU to insure that the education-related grant programs and to The Agricultural Research Service Program objectives are being achieved. take advantage of CSREES staff (ARS) leads the Department’s efforts on The Committee will review progress specialists who are familiar with biodiesel research and demonstration. reports submitted by the grantees and, administering grants. Since the summer of 1999, the Beltsville on a yearly basis, recommend whether Agricultural Research Center (BARC) the awards should be renewed. Also, on Role of Oversight Committee has been conducting a biodiesel a yearly basis, the Committee will In implementing the Program, OEPNU demonstration project that has become a recommend whether to reissue the RFA has formed an oversight committee, working model for others interested in and award new grants. including representatives with relevant using biodiesel. All of the Center’s 150 CSREES will compile application expertise from the USDA Forest Service, pieces of diesel equipment and trucks reviews and recommend awards to Office of Procurement and Property were converted to a fuel blend of 20 OEPNU. OEPNU will make award Management, Agricultural Research percent biodiesel and 80 percent decisions. Service, Rural Utilities Service, OEPNU, petroleum diesel (B20). Vehicles from Awards and CSREES and the Department of BARC that run on biodiesel and Energy Office of Biomass. Expertise of educational materials have been The proposed Program would fund committee members includes research, displayed and distributed throughout Biodiesel Fuel Education Program development and demonstration of the country. In January 2000, ARS grants in each of FYs 2003 through alternative fuels, production of conducted a workshop to highlight the 2007. Because of the scope of this alternative fuels, and procurement of BARC biodiesel demonstration project. Program and the limited funds available alternative fuels. The workshop’s 75 attendees to support it, OEPNU plans to award represented a broad range of potential one or two continuation grants in FY Request for Applications users, including Federal Agencies, such 2003. A continuation grant is a grant The committee has recommended as the Departments of Energy, Defense, instrument by which the Department guidelines for the Program, which are Interior, and the U.S. Postal Service. agrees to support a specified level of included in the Notice of Request for Officials from nearby cities, counties, effort for a predetermined project period Applications published elsewhere in and states were also in attendance, as with a statement of intention to provide this issue of the Federal Register. well as private industry groups, farmers additional support at a future date, Awards made pursuant to the Request and biodiesel suppliers. The biodiesel provided that performance has been for Applications for the Biodiesel Fuel demonstration project has been satisfactory, appropriations are available Education Program will be made in highlighted at the BARC Public Day, an for this purpose, and continued support accordance with the final rule published annual event that provides an would be in the best interest of the for this Program, including any changes opportunity for ARS scientists to Federal government and the public. If that may be made in this Proposed Rule describe their research projects to the these three elements are met, OEPNU as necessary to address public public. plans to provide additional support to comments submitted in response to this A biodiesel outreach program has also the funded projects in each of FYs 2004 document. been established to introduce biodiesel through 2007.

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OEPNU’s plan to award only one or described, and the evaluation criteria Executive Order. This rule will not have two continuation grants should facilitate applied to applications are enumerated. an annual effect on the economy of $100 a national education program with a Subpart D also contains a discussion of million or more or adversely affect in a consistent message. It should also ease the measures employed by OEPNU to material way the economy, productivity, the implementation process and allow protect against conflicts of interest and competition, jobs, the environment, OEPNU to monitor the Program more safeguard applicant and reviewer public health, or safety, or State, local, effectively. If the Agency were to make confidentiality. General award or tribal governments or communities. numerous smaller awards, this could administration guidelines are outlined result in multiple education programs in Subpart E. Subpart E also delineates Unfunded Mandates Reform Act with different emphases and goals, as the one-time requirement that Pursuant to Title II of the Unfunded well as competition for program applicants submit organizational Mandates Reform Act of 1995 (Pub. L. participants and human resources to management information and lists the 104–4), the Department assessed the conduct the Program. minimum contents of the award effects of this rulemaking action on Continuation grants are necessary to document. The last subpart of the rule, State, local, and Tribal government, and ensure that the program follows an Section F, includes supplementary the public. This action does not compel orderly and consistent transition from information. This subpart tells grantees the expenditure of $100 million or more one year to the next over the five-year how they can obtain review by any State, local, or Tribal funding period. A successful Biodiesel information, what uses of funds and governments, or anyone in the private Fuel Education Program will be changes to projects are permissible, sector. Therefore, a statement under sequential in nature, i.e., conducted in where they can find instructions about section 202 of the Unfunded Mandates several dependent work phases. For reporting requirements, and other Reform Act of 1995 is not required. example, phase one might focus on Federal statutes and regulations that identifying program participants and apply to the Biodiesel Fuel Education Executive Order 12988 designing educational tools. Phase 2 Program. It describes the process for This proposed rule has been reviewed might develop a strategy for putting a handling confidential aspects of under Executive Order 12988, Civil system and infrastructure in place to applications and awards and defines Justice Reform. In accordance with that reach the targeted audience. Phase 3 terms that are used elsewhere in the Executive Order: (1) All State and local could focus on scheduling and travel rule. laws and regulations that are in conflict logistics. The work phases are with this rule will be preempted; (2) no interdependent, so selecting new Paperwork Reduction Act of 1995— Information Collection retroactive effect will be given to this grantees each year would cause rule; and (3) no administrative disruptions and create the potential for OEPNU currently is using the services proceedings are required before bringing repetitive efforts. Authorizing of CSREES to administer this Program. any judicial action regarding this rule. continuation grants will allow the CSREES obtained information collection grantees to develop and conduct long- approval for the ‘‘Generic Application Executive Order 13132 term plans, preserve program Kit’’ (OMB Approval No. 0524–0039), In accordance with Executive Order continuity, and benefit from learning which encompasses the use of required 13132, this rulemaking does not have experiences over the funding period. forms to administer another USDA sufficient federalism implications to The Proposed Rule is divided into agency’s grant program. Should OEPNU warrant the preparation of a Federalism subparts. Subpart A contains general decide to administer this program Assessment. The policies contained in information about the Program directly in the future, OEPNU will this rule do not have any substantial prescribed by the authorizing comply independently with information direct effect on the policymaking legislation, including the purpose of the collection requirements. Program and eligibility restrictions discretion of the States, on the established by the legislation. Subpart A Regulatory Flexibility Act relationship between the national limits indirect costs to the rate that an USDA certifies that this proposed rule government and the States, or on the applicant has negotiated with the will not have a significant impact on a distribution of power and cognizant Federal negotiating agency, substantial number of small entities as responsibilities among the various and explains that there are no matching defined in the Regulatory Flexibility levels of government. Nor does this rule funds requirements for the Program. Act, Public Law 96–354, as amended (5 impose substantial direct compliance Subpart B describes the continuation U.S.C. 601, et seq.) because it is a costs on State and local governments. grant instrument that OEPNU plans to Federal assistance program, not a Executive Order 12372 use and outlines objectives for projects regulatory regime, and awards will be funded by the Program. Subpart C made to fewer than ten entities. For the reasons set forth in the Final provides information about the Rule Related Notice for 7 CFR part 3015, publication of program announcements, Executive Order 12866 subpart V (48 FR 29115, June 24, 1983), instructs applicants regarding the This rule has been reviewed under this program is excluded from the scope minimum content requirements for Executive Order 12866 and has been of the Executive Order 12372 which applications, and directs them to the determined to be nonsignificant as it requires intergovernmental consultation program announcement for specific will not create a serious inconsistency with State and local officials. This instructions regarding application or otherwise interfere with an action program does not directly affect State requirements and the order of planned by another agency; will not and local governments. materially alter the budgetary impact of application contents. Subpart C also Executive Order 13175 lists the application submission entitlement, grants, user fees, or loan information that will appear in program programs, or rights and obligations of The policies contained in this announcements and describes the the recipients thereof; and will not raise rulemaking do not have tribal process for acknowledging the receipt of novel legal or policy issues arising out implications and thus no further action applications. In Subpart D of the rule, of legal mandates, the President’s is required under Executive Order the process for selecting reviewers is priorities, or principles set forth in this 13175.

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List of Subjects in 7 CFR Part 2903 defined in section 101 of the Higher the applicable Office of Management Agricultural commodities, Energy, Education Act of 1965 (20 U.S.C. 1001)) and Budget cost principles. Grantees Fuel, Fuel additives. that have demonstrated both knowledge who request no indirect costs will not For the reasons set forth in the of biodiesel fuel production, use, or be permitted to revise their budgets at preamble, it is proposed to amend title distribution and the ability to conduct a later date to charge indirect costs to 7, subtitle B, chapter 29, of the Code of educational and technical support grant funds. programs. The Secretary delegated this Federal Regulations by adding part 2903 § 2903.5 Matching requirements. to read as follows: authority to the Chief Economist, who in turn delegated this authority to the There are no matching funds PART 2903—BIODIESEL FUEL Director of OEPNU. requirements for the Biodiesel Fuel EDUCATION PROGRAM (b) The regulations of this part do not Education Program and matching apply to grants awarded by the resources will not be factored into the Subpart A—General Information Department of Agriculture under any review process as evaluation criteria. Sec. other authority. 2903.1 Applicability of regulations. Subpart B—Program Description § 2903.2 Purpose of the program. 2903.2 Purpose of the program. § 2903.6 Project types. 2903.3 Eligibility. The Biodiesel Fuel Education 2903.4 Indirect costs. Program seeks to familiarize public and OEPNU intends to award 2903.5 Matching requirements. private vehicle fleet operators, other continuation grants to successful Biodiesel Fuel Education Program Subpart B—Program Description interested entities, and the public, with the benefits of biodiesel, a relatively applicants. A continuation grant is a 2903.6 Project types. grant instrument by which the 2903.7 Project objectives. new fuel option in the United States. It will also address concerns previously Department agrees to support a Subpart C—Preparation of an Application identified by fleet operators and other specified level of effort for a 2903.8 Program application materials. potential users of this alternative fuel, predetermined project period with a 2903.9 Content of an application. including the need to balance the statement of intention to provide 2903.10 Submission of an application. positive environmental, social and additional support at a future date, 2903.11 Acknowledgment of applications. human health impacts of biodiesel provided that performance has been Subpart D—Application Review and utilization with the increased per gallon satisfactory, appropriations are available Evaluation cost to the user. It is the Program’s goal for this purpose, and continued 2903.12 Application review. to stimulate biodiesel demand and government support would be in the 2903.13 Evaluation criteria. encourage the further development of a best interest of the Federal government 2903.14 Conflicts of interest and biodiesel industry in the United States. and the public. If these three elements confidentiality. are met, OEPNU plans to provide § 2903.3 Eligibility. Subpart E—Award Administration additional support to the funded project(s). 2903.15 General. (a) Eligibility is limited to nonprofit 2903.16 Organizational management organizations and institutions of higher § 2903.7 Project objectives. education that have demonstrated both information. (a) Successful projects will develop knowledge of biodiesel fuel production, 2903.17 Award document and notice of practical indicators or milestones to award. use, or distribution and the ability to measure their progress towards conduct educational and technical Subpart F—Supplementary Information achieving the following objectives: support programs. (1) Enhance current efforts to collect 2903.18 Access to review information. (b) Award recipients may subcontract 2903.19 Use of funds; changes. and disseminate biodiesel information; to organizations not eligible to apply 2903.20 Reporting requirements. (2) Coordinate with other biodiesel 2903.21 Applicable Federal statutes and provided such organizations are educational or promotional programs, regulations. necessary for the conduct of the project. and with Federal, State and local 2903.22 Confidential aspects of § 2903.4 Indirect costs. programs aimed at encouraging applications and awards. biodiesel use, including the EPAct 2903.23 Definitions. (a) For the Biodiesel Fuel Education Program, applicants should use the program; Authority: 7 U.S.C. 8104; 5 U.S.C. 301. current indirect cost rate negotiated (3) Create a nationwide networking system that delivers biodiesel Subpart A—General Information with the cognizant Federal negotiating agency. Indirect costs may not exceed information to targeted audiences, § 2903.1 Applicability of regulations. the negotiated rate. If no indirect cost including users, distributors and other (a) The regulations of this part only rate has been negotiated, a reasonable infrastructure-related personnel; (4) Identify and document the benefits apply to Biodiesel Fuel Education dollar amount for indirect costs may be of biodiesel (e.g., lifecycle costing); and Program grants awarded under the requested, which will be subject to (5) Gather data pertaining to provisions of section 9004 of the Farm approval by USDA. In the latter case, if information gaps and develop strategies Security and Rural Investment Act of a proposal is recommended for funding, to address the gaps. 2002 (FSRIA) (7 U.S.C. 8104) which an indirect cost rate proposal must be (b) [Reserved] authorizes the Secretary to award submitted prior to award to support the competitive grants to eligible entities to amount of indirect costs requested. Subpart C—Preparation of an educate governmental and private (b) A proposer may elect not to charge Application entities that operate vehicle fleets, other indirect costs and, instead, charge only interested entities (as determined by the direct costs to grant funds. Grantees § 2903.8 Program application materials. Secretary), and the public about the electing this alternative will not be OEPNU will publish periodic program benefits of biodiesel fuel use. Eligibility allowed to charge, as direct costs, announcements to notify potential is limited to nonprofit organizations and indirect costs that otherwise would be applicants of the availability of funds institutions of higher education (as in the grantee’s indirect cost pool under for competitive continuation grants. The

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program announcement will provide (2) The need to include as reviewers (3) Technical quality of proposed information about obtaining program experts from various areas of project, including: application materials. specialization within relevant scientific, (i) Suitability and qualifications of education, or extension fields. key project personnel; § 2903.9 Content of an application. (b) In addition, when selecting non- (ii) Institutional experience and (a) Applications should be prepared government reviewers, the following competence in providing alternative following the guidelines and the factors will be considered: fuel education, including: instructions in the program (1) The need to include as reviewers (A) Demonstrated knowledge about announcement. At a minimum, other experts (e.g., producers, range or programs involved in alternative fuel applications shall include: A proposal forest managers/operators, and research and education; cover page, project summary, project consumers) who can assess relevance of (B) Demonstrated knowledge about description, information about key the applications to targeted audiences other fuels, fuel additives, engine personnel, documentation of and to program needs; performance, fuel quality and fuel collaborative arrangements, information (2) The need to include as reviewers emissions; about potential conflicts-of-interest, experts from a variety of organizational (C) Demonstrated knowledge about budget forms and a budget narrative, types (e.g., colleges, universities, Federal, State and local programs aimed information about current and pending industry, state and Federal agencies, at encouraging alternative fuel use; support, and assurance statements. private profit and non-profit (D) Demonstrated ability in providing (b) Proper preparation of applications organizations) and geographic locations; educational programs and developing will assist reviewers in evaluating the (3) The need to maintain a balanced technical programs; and merits of each application in a composition of reviewers with regard to (E) Demonstrated ability to analyze systematic, consistent fashion. Specific minority and female representation and technical information relevant to the instructions regarding additional an equitable age distribution; and biodiesel industry. application content requirements and (4) The need to include reviewers (iii) Adequacy of available or the ordering of application contents will who can judge the effective usefulness obtainable resources; and be included in the program to producers and the general public of (iv) Quality of plans to administer and announcement. These will include each application. maintain the project, including instructions about paper size, margins, (c) Authorized departmental officers collaborative efforts, evaluation and font type and size, line spacing, page will compile application reviews and monitoring efforts. numbering, the inclusion of recommend awards to OEPNU. OEPNU (b) [Reserved] illustrations, and electronic submission. will make final award decisions. § 2903.14 Conflicts of interest and § 2903.10 Submission of an application. § 2903.13 Evaluation criteria. confidentiality. The program announcement will (a) The following evaluation criteria (a) During the peer evaluation provide the deadline date for submitting will be used in reviewing applications process, extreme care will be taken to an application, the number of copies of submitted for the Biodiesel Fuel prevent any actual or perceived each application that must be Education Program: conflicts of interest that may impact submitted, and the address to which (1) Relevance of proposed project to review or evaluation. Determinations of proposals must be submitted. current and future issues related to the conflicts of interest will be based on the § 2903.11 Acknowledgment of production, use, distribution, fuel academic and administrative autonomy applications. quality, and fuel properties of biodiesel, of an institution. The program The receipt of all applications will be including: announcement will specify the acknowledged. Applicants who do not (i) Demonstrated knowledge about methodology for determining such receive an acknowledgment within 60 markets, state initiatives, impacts on autonomy. days of the submission deadline should local economies, regulatory issues, (b) Names of submitting institutions contact the program contact indicated standards, and technical issues; and individuals, as well as application on the program announcement. Once (ii) Demonstrated knowledge about content and peer evaluations, will be the application has been assigned a issues associated with developing a kept confidential, except to those proposal number, that number should biodiesel infrastructure; and involved in the review process, to the be cited on all future correspondence. (iii) Quality and extent of stakeholder extent permitted by law. In addition, the involvement in planning and identities of peer reviewers will remain Subpart D—Application Review and accomplishment of program objectives. confidential throughout the entire Evaluation (2) Reasonableness of project review process. Therefore, the names of proposal, including: the reviewers will not be released to § 2903.12 Application review. (i) Sufficiency of scope and strategies applicants. At the end of the fiscal year, (a) Reviewers will include to provide a consistent message in names of reviewers will be made government and non-government keeping with existing standards and available in such a way that the individuals. All reviewers will be regulations; reviewers cannot be identified with the selected based upon training and (ii) Adequacy of Project Description, review of any particular application. experience in relevant scientific, suitability and feasibility of extension, or education fields, taking methodology to develop and implement Subpart E—Award Administration into account the following factors: program; (1) The level of relevant formal (iii) Clarity of objectives, milestones, § 2903.15 General. scientific, technical education, or and indicators of progress; Within the limit of funds available for extension experience of the individual, (iv) Adequacy of plans for reporting, such purpose, the Authorized as well as the extent to which an assessing and monitoring results over Departmental Officer (ADO) shall make individual is engaged in relevant project’s duration; and grants to those responsible, eligible research, education, or extension (v) Demonstration of feasibility, and applicants whose applications are activities; and probability of success. judged most meritorious under the

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procedures set forth in this program. (b) [Reserved] ADO, unless prescribed otherwise in the The date specified by the ADO as the terms and conditions of award. effective date of the grant shall be no Subpart F—Supplementary Information (6) Changes in approved budget. later than September 30 of the Federal § 2903.18 Access to review information. Changes in an approved budget must be fiscal year in which the project is requested by the awardee and approved approved for support and funds are Copies of reviews, not including the in writing by the ADO prior to appropriated for such purpose, unless identity of reviewers, and a summary of instituting such changes if the revision otherwise permitted by law. It should be the comments will be sent to the will involve transfers or expenditures of noted that the project need not be applicant PD after the review process amounts requiring prior approval as set initiated on the grant effective date, but has been completed. forth in the applicable Federal cost as soon thereafter as practical so that § 2903.19 Use of funds; changes. principles, Departmental regulations, or project goals may be attained within the award. funded project period. All funds granted (a) Delegation of fiscal responsibility. by OEPNU under this program shall be Unless the terms and conditions of the § 2903.20 Reporting requirements. expended solely for the purpose for award state otherwise, the awardee may The award document will give which the funds are granted in not in whole or in part delegate or instructions regarding the submission of accordance with the approved transfer to another person, institution, progress reports, including the application and budget, the regulations or organization the responsibility for use frequency and required contents of the of this part, the terms and conditions of or expenditure of award funds. reports. the award, the applicable Federal cost (b) Changes in project plans. (1) The permissible changes by the awardee, § 2903.21 Applicable Federal statutes and principles, and the Department’s regulations. assistance regulations (parts 3015 and PD(s), or other key project personnel in 3019 of this title). the approved project shall be limited to Several Federal statutes and changes in methodology, techniques, or regulations apply to grant applications § 2903.16 Organizational management other similar aspects of the project to considered for review and to project information. expedite achievement of the project’s grants awarded under this program. Specific management information approved goals. If the awardee or the These include, but are not limited to: relating to an applicant shall be PD(s) is uncertain as to whether a 7 CFR Part 1, subpart A—USDA submitted on a one-time basis as part of change complies with this provision, implementation of the Freedom of the responsibility determination prior to the question must be referred to the Information Act. the award of a grant identified under Authorized Departmental Officer (ADO) 7 CFR Part 3—USDA implementation this program, if such information has for a final determination. The ADO is of OMB Circular No. A–129 regarding not been provided previously. Copies of the signatory of the award document, debt collection. forms recommended for use in fulfilling not the program contact. 7 CFR Part 15, subpart A—USDA these requirements will be provided as implementation of Title VI of the Civil (2) Changes in approved goals or part of the preaward process. Rights Act of 1964, as amended. objectives shall be requested by the 7 CFR Part 3015—USDA Uniform § 2903.17 Award document and notice of awardee and approved in writing by the Federal Assistance Regulations, award. ADO prior to effecting such changes. In implementing OMB directives (i.e., (a) The award document will provide no event shall requests for such changes OMB Circular Nos. A–21 and A–122) pertinent instructions and information be approved which are outside the and incorporating provisions of 31 including, at a minimum, the following: scope of the original approved project. U.S.C. 6301–6308 (formerly the Federal (1) Legal name and address of (3) Changes in approved project Grant and Cooperative Agreement Act of performing organization or institution to leadership or the replacement or 1977, Public Law 95–224), as well as whom OEPNU has issued an award reassignment of other key project general policy requirements applicable under this program; personnel shall be requested by the to recipients of Departmental financial (2) Title of project; awardee and approved in writing by the assistance. (3) Name(s) and institution(s) of PDs ADO prior to effecting such changes. 7 CFR Part 3017—USDA chosen to direct and control approved (4) Transfers of actual performance of implementation of Governmentwide activities; the substantive programmatic work in (4) Identifying award number Debarment and Suspension whole or in part and provisions for (Nonprocurement) and assigned by the Department; payment of funds, whether or not (5) Project period; Governmentwide Requirements for (6) Total amount of Departmental Federal funds are involved, shall be Drug-Free Workplace (Grants). financial assistance approved by requested by the awardee and approved 7 CFR Part 3018—USDA OEPNU during the project period; in writing by the ADO prior to effecting implementation of Restrictions on (7) Legal authority(ies) under which such transfers, unless prescribed Lobbying. Imposes prohibitions and the award is issued; otherwise in the terms and conditions of requirements for disclosure and (8) Appropriate Catalog of Federal the award. certification related to lobbying on Domestic Assistance (CFDA) number; (5) Changes in project period. The recipients of Federal contracts, grants, (9) Approved budget plan for project period may be extended by cooperative agreements, and loans. categorizing allocable project funds to OEPNU without additional financial 7 CFR Part 3019—USDA accomplish the stated purpose of the support, for such additional period(s) as implementation of OMB Circular A– award; and the ADO determines may be necessary 110, Uniform Administrative (10) Other information or provisions to complete or fulfill the purposes of an Requirements for Grants and Other deemed necessary by OEPNU and the approved project, but in no case shall Agreements With Institutions of Higher authorized departmental officer to carry the total project period exceed five Education, Hospitals, and Other out the awarding activities or to years. Any extension of time shall be Nonprofit Organizations. accomplish the purpose of a particular conditioned upon prior request by the 7 CFR Part 3052—USDA award. awardee and approval in writing by the implementation of OMB Circular No. A–

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133, Audits of States, Local Department or USDA means the authorized departmental officer (as Governments, and Non-profit United States Department of defined in this section). Organizations. 29 U.S.C. 794 (section Agriculture. Program means the Biodiesel Fuel 504, Rehabilitation Act of 1973) and 7 Education activity means an act or Education Program as set forth in this CFR Part 15b (USDA implementation of process that imparts knowledge or skills part. statute)— prohibiting discrimination through formal or informal training and Project means the particular activity based upon physical or mental handicap outreach. within the scope of the program in Federally assisted programs. 35 Grant means the award by the supported by a grant award. U.S.C. 200 et seq.—Bayh-Dole Act, Secretary of funds to an eligible Project period means the period, as controlling allocation of rights to recipient for the purpose of conducting stated in the award document and inventions made by employees of small the identified project. modifications thereto, if any, during business firms and domestic nonprofit Grantee means the organization which Federal sponsorship begins and organizations, including universities, in designated in the award document as ends. Federally assisted programs the responsible legal entity to which a Secretary means the Secretary of (implementing regulations are contained grant is awarded. Agriculture and any other officer or in 37 CFR Part 401). Institution of higher education, as employee of the Department to whom defined in section 101 of the Higher the authority involved may be § 2903.22 Confidential aspects of Education Act of 1965 (20 U.S.C. 1001), delegated. applications and awards. means an educational institution in any When an application results in an State that: Roger Conway, award, it becomes a part of the record (1) Admits as regular students only Director, Office of Energy Policy and New of USDA transactions, available to the persons having a certificate of Uses. public upon specific request. graduation from a school providing [FR Doc. 03–17851 Filed 7–14–03; 8:45 am] Information that the Secretary secondary education, or the recognized BILLING CODE 3410–22–P determines to be of a confidential, equivalent of such a certificate; privileged, or proprietary nature will be (2) Is legally authorized within such held in confidence to the extent State to provide a program of education NUCLEAR REGULATORY permitted by law. Therefore, any beyond secondary education; COMMISSION information that the applicant wishes to (3) Provides an educational program have considered as confidential, for which the institution awards a 10 CFR Part 34 privileged, or proprietary should be bachelor’s degree or provides not less [Docket No. PRM–34–5] clearly marked within the application. than a two-year program that is The original copy of an application that acceptable for full credit toward such a Amersham Corporation (Now Known does not result in an award will be degree; as AEA Technology QSA, Inc.); Denial retained by the Agency for a period of (4) Is a public or other nonprofit of Petition for Rulemaking one year. Other copies will be institution; and AGENCY: Nuclear Regulatory destroyed. Such an application will be (5) Is accredited by a nationally Commission. released only with the consent of the recognized accrediting agency or applicant or to the extent required by association, or if not so accredited, is an ACTION: Denial of petition for law. An application may be withdrawn institution that has been granted rulemaking. preaccreditation status by such an at any time prior to the final action SUMMARY: The Nuclear Regulatory thereon. agency or association that has been recognized by the Secretary of Commission (NRC) is denying a petition § 2903.23 Definitions. Education for the granting of for rulemaking (PRM–34–5) submitted by Amersham Corporation (now known For the purpose of this program, the preaccreditation status, and the as AEA Technology QSA, Inc.). The following definitions are applicable: Secretary of Education has determined petitioner requested that the NRC Authorized departmental officer or that there is satisfactory assurance that the institution will meet the amend its regulations that specify ADO means the Secretary or any performance requirements for industrial employee of the Department who has accreditation standards of such an agency or association within a radiography equipment by removing the the authority to issue or modify grant reference to associated equipment, instruments on behalf of the Secretary. reasonable time. OEPNU means the Office of Energy clarifying provisions in the current Authorized organizational Policy and New Uses. regulations that the petitioner believes representative or AOR means the Peer review is an evaluation of a are not clearly defined, and by requiring president or chief executive officer of proposed project performed by experts routine inspection and maintenance of the applicant organization or the with the scientific knowledge and associated equipment. official, designated by the president or technical skills to conduct the proposed The NRC reviewed the petitioner’s chief executive officer of the applicant work whereby the technical quality and request and concluded that rulemaking organization, who has the authority to relevance to the program are assessed. is not necessary to achieve the intent of commit the resources of the Project director or PD means the the petitioner’s request to remove organization. single individual designated by the associated equipment from the sealed Biodiesel means a monoalkyl ester grantee in the grant application and source and device (SSD) evaluation and that meets the requirements of an approved by the Secretary who is registration process for manufacturers of appropriate American Society for responsible for the direction and industrial radiography equipment in 10 Testing and Materials Standard. management of the project, also known CFR 32.210, ‘‘Registration of product Budget period means the interval of as a principal investigator for research information.’’ The NRC also explored time (usually 12 months) into which the activities. rulemaking to amend its regulations for project period is divided for budgetary Prior approval means written self-certification of associated and reporting purposes. approval evidencing prior consent by an equipment to authorize manufacturers

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or industrial radiography licensees to ‘‘Performance requirements for licensee or manufacturer self- complete the radiation safety evaluation industrial radiography equipment,’’ by certification of associated equipment of associated equipment. The NRC removing the reference to ‘‘associated with members of industry and obtained risk information that did not equipment’’ in § 34.20. The petitioner counterparts in the Agreement States. clearly support self-certification of believes that associated equipment The NRC completed the generic associated equipment. The NRC should not be subject to the SSD review assessment and special team inspections disagreed with the petitioner’s point process. The petitioner argued that the published in NUREG–1631, ‘‘Source that NRC inappropriately uses American radiation safety evaluation and Disconnects Resulting from National Standards Institute (ANSI), registration under § 32.210 apply Radiography Drive Cable Failures’’ (June N432–1980, ‘‘Radiological Safety for the specifically to SSDs and do not apply to 1998). An NRC contractor used Design and Construction of Apparatus other equipment. The petitioner performance criteria in § 34.20 to for Gamma Radiography,’’ (ANSI N432) asserted that, for industrial radiography complete tests on portable industrial as a regulatory checklist when the equipment, the NRC expanded its radiography systems described in standard was originally intended to interpretation of § 32.210 to include NUREG/CR–6652, ‘‘Safety Testing of serve as guidance for good associated equipment and such an Industrial Radiography Devices,’’ manufacturing practices. The NRC interpretation is not appropriate without (January 2000). An NRC contractor determined that its regulations are rulemaking. The petitioner pointed out provided a risk assessment to compare performance-based in this regard. that NRC’s interpretation, which regulation of associated equipment Section 34.20 allows modification of requires licensees to ensure that under various regulatory approaches. associated equipment by a licensee or associated equipment has been The NRC developed a risk-informed and manufacturer unless the replacement registered under § 32.210, has added more performance-based approach for component would compromise the unnecessary regulatory burden. self-certification of associated design safety features of the system. Additionally, the petitioner wanted the equipment and asked the Agreement Finally, § 34.31 requires routine American National Standards Institute States to evaluate the approach. During inspection and maintenance of (ANSI), N432–1980, ‘‘Radiological the time since the comment period associated equipment. Therefore, Safety for the Design and Construction closed, NRC monitored the use of additional rulemaking is not warranted. of Apparatus for Gamma Radiography,’’ associated equipment via various (ANSI N432) which is incorporated by sources of information, such as ADDRESSES: Copies of the petition for rulemaking, the public comments reference in § 34.20, to be used as inspection reports, event notifications, received, and NRC’s letter to the guidance for good manufacturing and enforcement actions. practices and not as a regulatory petitioner may be examined at the NRC Reasons for Denial Public Document Room, Public File approval checklist. The petitioner also requested that § 34.28 be amended to Over the last several years, NRC has Area O1F21, 11555 Rockville Pike, reflect appropriate inspection and completed several analyses that Rockville, MD. These documents also maintenance requirements for all of the indicated rulemaking is not necessary to may be viewed and downloaded radiography equipment, including achieve the intent of the petitioner’s electronically via the rulemaking Web ‘‘associated equipment.’’ Finally, the request; therefore, NRC is denying the site. petition for the following reasons. The NRC maintains an Agencywide petitioner pointed out that the current version of § 34.20 only requires that the 1. Current NRC regulations do not Document Access and Management equipment meet the performance require associated equipment to be System (ADAMS), which provides text standards in ANSI N432 and does not registered and the regulations are and image files of NRC’s public state that this involves regulatory sufficient to maintain safety. The NRC documents. These documents may be approvals. determined that the practice of accessed through the NRC’s Public registering associated equipment under Electronic Reading Room on the Internet Public Comments on the Petition § 32.210 was not only not required, but at http://www.nrc.gov/reading-rm/ The notice of receipt of the petition was also an unnecessary regulatory adams.html. If you do not have access for rulemaking invited interested burden. Therefore, NRC has to ADAMS or if there are problems in persons to submit comments. The discontinued the practice of registering accessing the documents located in comment period closed on September associated equipment and will align ADAMS, contact the NRC Public 30, 1996. NRC received eight comment NRC’s implementation by revising the Document Room (PDR) Reference staff letters from industry, individuals, and appropriate guidance and inspection at 1–800–397–4209, 301–415–4737, or an Agreement State. The majority of the procedure and will issue a regulatory by e-mail to [email protected]. commenters supported the petition. The issue summary (RIS) to convey these FOR FURTHER INFORMATION CONTACT: main reasons cited by these commenters changes to the regulated community. Thomas Young, Office of Nuclear were related to excessive costs in 2. Although § 34.20(a)(1) states that Material Safety and Safeguards, U.S. replacing associated equipment that was associated equipment must meet the Nuclear Regulatory Commission, already fit for use and would not need performance requirements in ANSI Washington, DC 20555–0001, telephone to be replaced for any other reason. The N432, § 34.20(b)(3) allows a licensee to (301) 415–5795, e-mail [email protected]. NRC’s interpretation of the rule required modify associated equipment, unless SUPPLEMENTARY INFORMATION: licensees to replace unregistered the design of any replacement equipment with equipment that had component would compromise the The Petition been registered under § 32.210 after design safety features of the system. The On June 18, 1996 (61 FR 30837), the prototype testing of the equipment NRC has dealt with the issue of NRC published a notice of receipt of a demonstrated that the equipment met requiring performance criteria in 10 CFR petition for rulemaking filed by the the performance requirements in ANSI Part 34 for several decades, as follows. Amersham Corporation (now known as N432, which is incorporated by The Advance Notice of Proposed AEA Technology QSA, Inc.). The reference in § 34.20. Rulemaking published March 27, 1978 petitioner requested that the NRC Since the comment period closed, (43 FR 12718) announced the NRC’s amend its regulations in 10 CFR 34.20, NRC has explored the concept of intention to complete rulemaking to

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improve safety by including instruments,’’ that contains is no interference with the sealed source radiography equipment performance performance-based requirements to or the device or degradation of safety for requirements in the regulations. ANSI ensure that associated equipment will the system over the expected life cycle N432 was being developed at that time function as designed. Currently, § 34.31 of the system. A manufacturer may and was issued in 1981. In 1980, an ad requires the licensee to perform visual register an entire system comprised of hoc Radiography Steering Committee and operability checks on associated compatible components (including composed of NRC personnel and State equipment before use on each day that associated equipment) or various sealed officials representing the Conference of the equipment is to be used to ensure source and device combinations Radiation Control Program Directors, that the equipment is in good working (excluding associated equipment). The Inc., was formed to draft condition. If equipment problems are NRC does not intend to revise current recommendations for improving found, the equipment must be removed registrations for industrial radiographic radiation safety. The steering committee from service until repaired. Section equipment to remove references to developed recommendations for 34.31 also requires the licensee to have associated equipment. radiography equipment design safety written procedures for inspection and 2. NRC will revise NUREG–1556, that were similar to the performance routine maintenance of associated Volume 2, ‘‘Consolidated Guidance criteria in ANSI N432. Because it equipment at intervals not to exceed about Materials Licensees—Program- appeared that all manufacturers of three months, or before the first use Specific Guidance about Industrial radiography equipment were not using thereafter to ensure the proper Radiography Licenses,’’ (Final Report, ANSI N432 nor uniformly or completely functioning of components important to August 1998) to remove statements that implementing the performance criteria, safety. If equipment problems are found, indicate that associated equipment must NRC concluded that rulemaking was the equipment must be removed from be specifically approved or registered by necessary to ensure that manufacturers service until repaired. Replacement NRC or an Agreement State. Instead, the would implement ANSI N432 to components must meet design guidance will state that manufacturers improve radiation safety for workers. specifications. or distributors of industrial radiography The NRC published the final rule on NRC obtained risk information for the equipment may voluntarily include January 10, 1990; 55 FR 843 that regulation of associated equipment items of associated equipment that are incorporated by reference ANSI N432 under § 34.20 and applied the screening compatible with their sealed sources into § 34.20. Incorporation by reference considerations in SECY–00–0213, and devices when they are registered. is the formal process that allows the ‘‘Risk-Informed Regulation Appendix F contains Information Notice NRC to refer to industry standards that Implementation Plan’’ (October 2000), 96–20, ‘‘Demonstration of Associated are already published elsewhere and to determine that the petitioner’s Equipment Compliance with 10 CFR that need to be available to afford request was amenable to a risk-informed 34.20,’’ (IN–96–20) that will be replaced fairness and uniformity in the approach. An NRC contractor provided by a RIS. risk information that concluded as long administrative process. Incorporation by 3. NRC will revise Inspection as associated equipment is reference substantially reduced the Procedure 87121, ‘‘Industrial manufactured to meet the performance volume of material to be published in Radiography Programs’’ (December 31, the rule. As referenced in § 34.20, ANSI requirements of a national standard (i.e., 2002). Currently, the procedure N432 has the force of law and is treated ANSI N432), the regulation is sufficient appropriately directs an inspector to as if it were published in full in the to maintain safety as written. examine available associated Federal Register. NRC discontinued the practice of To maintain safety, a licensee must registering associated equipment under equipment, interview the workers about ensure that prototype testing of all § 32.210 to reduce, what NRC inspection and maintenance procedures associated equipment (including determined to be, unnecessary and awareness that associated customized associated equipment) regulatory burden. The NRC will revise equipment needs to comply with meets the performance requirements of the appropriate guidance and inspection § 34.20, and observe work in progress ANSI N432. This requirement prevents procedure and will issue a RIS to that involves use of associated substandard associated equipment from replace the existing information notice equipment. An additional statement is being developed by a licensee. to align NRC’s implementation of needed to prompt an inspector to Alternatively, under § 34.20(a)(2), a § 34.20(a)(1) as follows: consider the licensee’s equipment licensee may submit an engineering 1. As a matter of convenience for modification process to confirm that the analysis to NRC for review without manufacturers and their customers, a design safety features of the system were repeating a prototype test for similar manufacturer may register associated not compromised by a replacement associated equipment. This equipment under the § 32.210 process, component of associated equipment that performance-based approach is a key but is not required to do so. For was modified by the licensee (i.e., either factor for denying the petitioner’s example, if a manufacturer’s application the licensee or manufacturer completed request regarding the implementation of to register a device also designates the prototype testing that demonstrated the ANSI N432. model numbers for associated component met the performance criteria 3. At the time of the petitioner’s equipment to be used with the device, in ANSI N432 or NRC or an Agreement request to amend § 34.28 in 1996, NRC then NRC will also indicate the model State has reviewed an engineering had already proposed rulemaking for numbers for the associated equipment analysis of the modification). routine inspection and maintenance of in the registration certificate for the 4. NRC will issue a RIS to replace IN– associated equipment. NRC published device so that the customer understands 96–20 and emphasize a more the overall revision of 10 CFR part 34 which model of associated equipment is performance-based approach to make it (May 28, 1997; 62 FR 28948) to compatible with the device. For the clear that: incorporate § 34.31, ‘‘Inspection and radiation safety evaluation of a sealed • Manufacturers of industrial maintenance of radiographic exposure source and device combination under radiography equipment may, but are not devices, transport and storage § 32.210(c), all the components of an required to, designate compatible containers, associated equipment, industrial radiography system must be components (including associated source changers, and survey evaluated together to ensure that there equipment) for use with their sealed

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sources and devices that are registered DEPARTMENT OF TRANSPORTATION telephone: (816) 329–4146; facsimile: under the § 32.210 process; (816) 329–4090. • Under § 34.20(b)(3), a licensee is Federal Aviation Administration allowed to modify associated equipment SUPPLEMENTARY INFORMATION: unless the design of any replacement 14 CFR Part 39 Comments Invited component would compromise the [Docket No. 2003–CE–26–AD] design safety features of the system; How Do I Comment on This Proposed • A licensee’s modification process RIN 2120–AA64 AD? must account for prototype testing or engineering analysis of a replacement Airworthiness Directives; GROB– The FAA invites comments on this component against the performance WERKE Model G120A Airplanes proposed rule. You may submit criteria required in § 34.20 for any whatever written data, views, or AGENCY: Federal Aviation arguments you choose. You need to component that was modified for use in Administration, DOT. licensed activities; include the proposed rule’s docket ACTION: Notice of proposed rulemaking • To comply with § 34.20, a licensee number and submit your comments to (NPRM). should demonstrate that modifications the address specified under the caption ADDRESSES. to associated equipment: (1) Will not SUMMARY: This document proposes to We will consider all create material incompatibility that may adopt a new airworthiness directive comments received on or before the degrade a source or device over their (AD) that would apply to all GROB– closing date. We may amend this expected useful life times; (2) will not WERKE (GROB) Model G120A proposed rule in light of comments diminish the performance of associated airplanes. This proposed AD would received. Factual information that equipment in expected use require you to modify the flight control supports your ideas and suggestions is environments over the expected life system operating levers. This proposed extremely helpful in evaluating the time of the associated equipment; (3) AD is the result of mandatory effectiveness of this proposed AD action will not allow a source to inadvertently continuing airworthiness information and determining whether we need to exit the system; and (4) will not (MCAI) issued by the airworthiness take additional rulemaking action. compromise expected safe use of the authority for Germany. The actions Are There Any Specific Portions of This system; and specified by this proposed AD are • Enforcement action would be Proposed AD I Should Pay Attention intended to prevent failure of a ball To? considered for a licensee who completes bearing in flight control system modification of associated equipment operating levers. Such failure could lead The FAA specifically invites that compromises the design safety to reduced control or loss of control of comments on the overall regulatory, features of the system. The NRC the airplane. economic, environmental, and energy Enforcement Policy (NUREG–1600) DATES: The Federal Aviation aspects of this proposed rule that might includes an example involving Administration (FAA) must receive any suggest a need to modify the rule. You possession or use of unauthorized comments on this proposed rule on or may view all comments we receive equipment which degrades safety in the before August 18, 2003. before and after the closing date of the conduct of licensee activities. rule in the Rules Docket. We will file a The NRC has determined that ADDRESSES: Submit comments to FAA, Central Region, Office of the Regional report in the Rules Docket that alignment of the NRC implementation to summarizes each contact we have with the existing NRC requirements Counsel, Attention: Rules Docket No. the public that concerns the substantive maintains the same level of 2003–CE–26–AD, 901 Locust, Room parts of this proposed AD. compatibility between the Agreement 506, Kansas City, Missouri 64106. You State regulations and the existing NRC may view any comments at this location How Can I Be Sure FAA Receives My between 8 a.m. and 4 p.m., Monday requirements. Also, use of revised NRC Comment? guidance rather than rulemaking to through Friday, except Federal holidays. achieve the petitioner’s intent provides You may also send comments If you want FAA to acknowledge the Agreement States the flexibility to revise electronically to the following address: receipt of your mailed comments, you their policy and guidance to meet 9–CE–[email protected]. Comments sent must include a self-addressed, stamped unique situations and local conditions. electronically must contain ‘‘Docket No. postcard. On the postcard, write In conclusion, no new information 2003–CE–26–AD’’ in the subject line. If ‘‘Comments to Docket No. 2003–CE–26– has been provided by the petitioner that you send comments electronically as AD.’’ We will date stamp and mail the calls into question the requirements. attached electronic files, the files must postcard back to you. be formatted in Microsoft Word 97 for Existing NRC regulations provide the Discussion basis for reasonable assurance that the Windows or ASCII text. common defense and security and You may get service information that What Events Have Caused This public health and safety are adequately applies to this proposed AD from GROB Proposed AD? protected; therefore, rulemaking does Luft-und Raumfahrt, Lettenbachstrasse not appear to be warranted. 9, D–86874 Tussenhausen-Mattsies, The Luftfahrt-Bundesamt (LBA), Germany; telephone: 011 49 8268 which is the airworthiness authority for For the reasons cited in this document, the 998139; facsimile: 011 49 8268 998200; NRC denies this petition. Germany, recently notified FAA that an email: productssupport@grob- unsafe condition may exist on all GROB Dated at Rockville, Maryland, this 9th day aerospace.de. You may also view this Model G120A airplanes. The LBA of July, 2003. information at the Rules Docket at the reports that a damaged ball bearing in a For the Nuclear Regulatory Commission. address above. flight control system operating lever was Annette Vietti-Cook, FOR FURTHER INFORMATION CONTACT: Karl found. The damage was found during Secretary of the Commission. Schletzbaum, Aerospace Engineer, FAA, regular maintenance. The damage is [FR Doc. 03–17846 Filed 7–14–03; 8:45 am] Small Airplane Directorate, 901 Locust, believed to be caused by incorrect BILLING CODE 7590–01–P Room 301, Kansas City, Missouri 64106; installation.

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What Are the Consequences if the May 22, 2003, in order to ensure the —AD action should be taken in order to Condition Is Not Corrected? continued airworthiness of these correct this unsafe condition. airplanes in Germany. If not corrected, this condition could What Would This Proposed AD Require? cause failure of a ball bearing in affected Was This in Accordance With the flight control system operating levers. Bilateral Airworthiness Agreement? This proposed AD would require you Such failure could result in reduced to incorporate the actions in the control or loss of control of the airplane. This airplane model is manufactured previously-referenced service in Germany and is type certificated for information. Is There Service Information That operation in the United States under the Applies to This Subject? provisions of section 21.29 of the How Does the Revision to 14 CFR Part GROB has issued Service Letter No. Federal Aviation Regulations (14 CFR 39 Affect This Proposed AD? 21.29) and the applicable bilateral SL1121–009, dated May 23, 2003; On July 10, 2002, FAA published a Service Bulletin No. MSB1121–033, airworthiness agreement. Pursuant to this bilateral new version of 14 CFR part 39 (67 FR dated May 8, 2003; and Service Bulletin 47997, July 22, 2002), which governs No. MSB1121–034, dated May 19, 2003. airworthiness agreement, the LBA has kept FAA informed of the situation FAA’s AD system. This regulation now What Are the Provisions of This Service described above. includes material that relates to special Information? flight permits, alternative methods of The FAA’s Determination and an GROB Service Bulletin No. MSB1121– compliance, and altered products. This Explanation of the Provisions of This 033, dated May 8, 2003, includes material previously was included in Proposed AD procedures for inspecting all flight each individual AD. Since this material control system operating levers for What Has FAA Decided? is included in 14 CFR part 39, we will not include it in future AD actions. damaged ball bearings and replacing The FAA has examined the findings any lever that has a damaged ball of the LBA; reviewed all available Cost Impact bearing. information, including the service GROB Service Bulletin No. MSB– How Many Airplanes Would This information referenced above; and 1121–034, dated May 19, 2003, includes Proposed AD Impact? procedures for modifying the flight determined that: We estimate that this proposed AD control system operating levers. —The unsafe condition referenced in GROB Service Letter No. SL1121–009, this document exists or could develop affects 6 airplanes in the U.S. registry. dated May 23, 2003, includes on other GROB Model G120A What Would be the Cost Impact of This procedures for modifying elevator rod 1. airplanes of the same type design that Proposed AD on Owners/Operators of are on the U.S. registry; the Affected Airplanes? What Action Did the LBA Take? —The actions specified in the The LBA classified these service previously-referenced service We estimate the following costs to bulletins as mandatory and issued information should be accomplished accomplish these proposed German AD Number 2003–164/2, dated on the affected airplanes; and modifications:

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

10 workhours × $60 per hour = $600 ...... No cost for parts ...... $600 6 × $600 = $3,600

Regulatory Impact economic impact, positive or negative, PART 39—AIRWORTHINESS on a substantial number of small entities Would This Proposed AD Impact DIRECTIVES Various Entities? under the criteria of the Regulatory Flexibility Act. A copy of the draft 1. The authority citation for part 39 The regulations proposed herein regulatory evaluation prepared for this continues to read as follows: would not have a substantial direct action has been placed in the Rules Authority: 49 U.S.C. 106(g), 40113, 44701. effect on the States, on the relationship Docket. A copy of it may be obtained by § 39.13 [Amended] between the national government and contacting the Rules Docket at the the States, or on the distribution of location provided under the caption 2. FAA amends § 39.13 by adding a power and responsibilities among the ADDRESSES. new airworthiness directive (AD) to various levels of government. Therefore, read as follows: it is determined that this proposed rule List of Subjects in 14 CFR Part 39 Grob-Werke: Docket No. 2003–CE–26–AD. would not have federalism implications (a) What airplanes are affected by this AD? under Executive Order 13132. Air transportation, Aircraft, Aviation safety, Safety. This AD affects Model G120A airplanes, all Would This Proposed AD Involve a serial numbers, that are certificated in any Significant Rule or Regulatory Action? The Proposed Amendment category. (b) Who must comply with this AD? For the reasons discussed above, I Accordingly, under the authority Anyone who wishes to operate any of the certify that this proposed action (1) is delegated to me by the Administrator, airplanes identified in paragraph (a) of this not a ‘‘significant regulatory action’’ the Federal Aviation Administration AD must comply with this AD. (c) What problem does this AD address? under Executive Order 12866; (2) is not proposes to amend part 39 of the The actions specified by this AD are intended a ‘‘significant rule’’ under DOT Federal Aviation Regulations (14 CFR to prevent failure of a ball bearing in flight Regulatory Policies and Procedures (44 part 39) as follows: control system operating levers. Such failure FR 11034, February 26, 1979); and (3) if could lead to reduced control or loss of promulgated, will not have a significant control of the airplane.

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(d) What actions must I accomplish to address this problem? To address this problem, you must accomplish the following:

Actions Compliance Procedures

(1) Inspect the flight control system operating Inspect within the next 50 hours time-in-serv- In accordance with GROB Service Bulletin levers for damaged ball bearings and replace ice (TIS) after the effective date of this AD No. MSB1121–033, dated May 8, 2003. any lever with a damaged ball bearing. Replace prior to further flight after the in- spection.

(2) Accomplish the modifications to: ...... Within the next 50 hours TIS after the effec- In accordance with GROB Service Letter No. (a) elevator rod 1, part number (P/N) 120A– tive date of this AD. SL1121–009, dated May 23, 2003, and 4400.08 or part number 120A–4217 (which GROB Service Bulletin No. MSB1121–034, supersedes P/N 120A–4400.08); and dated May 19, 2003. (b) the flight control system operating levers

(3) Only install flight control system operating As of the effective date of this AD ...... levers that have been modified in accordance with paragraph (d)(2)(a) and (d)(2)(b) of this AD.

(e) Can I comply with this AD in any other DEPARTMENT OF TRANSPORTATION 319–AD, 1601 Lind Avenue, SW., way? To use an alternative method of Renton, Washington 98055–4056. compliance or adjust the compliance time, Federal Aviation Administration Comments may be inspected at this follow the procedures in 14 CFR 39.19. Send location between 9 a.m. and 3 p.m., these requests to the Manager, Standards 14 CFR Part 39 Monday through Friday, except Federal Office, Small Airplane Directorate. For [Docket No. 2001–NM–319–AD] holidays. Comments may be submitted information on any already approved via fax to (425) 227–1232. Comments alternative methods of compliance, contact RIN 2120–AA64 may also be sent via the Internet using Karl Schletzbaum, Aerospace Engineer, FAA, the following address: 9-anm- Small Airplane Directorate, 901 Locust, Airworthiness Directives; Dornier [email protected]. Comments sent Room 301, Kansas City, Missouri 64106; Model 328–300 Series Airplanes via fax or the Internet must contain telephone: (816) 329–4146; facsimile: (816) Equipped With Certain Pratt & Whitney ‘‘Docket No. 2001–NM–319–AD’’ in the 329–4090. PW306B Engine Nacelles subject line and need not be submitted (f) How do I get copies of the documents AGENCY: Federal Aviation in triplicate. Comments sent via the referenced in this AD? You may get copies of Administration, DOT. Internet as attached electronic files must the documents referenced in this AD from ACTION: Supplemental notice of be formatted in Microsoft Word 97 or GROB Luft-und Raumfahrt, Lettenbachstrasse 2000 or ASCII text. 9, D–86874 Tussenhausen-Mattsies, proposed rulemaking; reopening of comment period. The service information referenced in Germany; telephone: 011 49 8268 998139; the proposed rule may be obtained from facsimile: 011 49 8268 998200; email: SUMMARY: This document revises an FAIRCHILD Dornier GmbH, P.O. Box [email protected]. You earlier proposed airworthiness directive 1103, D–82230 Wessling, Germany. This may view these documents at FAA, Central (AD), applicable to certain Dornier information may be examined at the Region, Office of the Regional Counsel, 901 Model 328–300 series airplanes, that FAA, Transport Airplane Directorate, Locust, Room 506, Kansas City, Missouri would have required performing a check 1601 Lind Avenue, SW., Renton, 64106. of the airplane maintenance records; Washington. Note: The subject of this AD is addressed inspecting the engine nacelle anti-ice FOR FURTHER INFORMATION CONTACT: in German AD 2003–164/2, dated May 22, tube for leaks, if necessary; and Todd Thompson, Aerospace Engineer, 2003. modifying the joint, if necessary. This International Branch, ANM–116, FAA, new action revises the proposed rule by Transport Airplane Directorate, 1601 Issued in Kansas City, Missouri, on July 9, removing the requirement to perform a Lind Avenue, SW., Renton, Washington 2003. records check, which was intended to 98055–4056; telephone (425) 227–1175; Dorenda D. Baker, allow operators to determine whether fax (425) 227–1149. the inspection would be required. The Manager, Small Airplane Directorate, Aircraft SUPPLEMENTARY INFORMATION: Certification Service. actions specified by this new proposed AD are intended to prevent an Comments Invited [FR Doc. 03–17818 Filed 7–14–03; 8:45 am] uncommanded engine shutdown in a BILLING CODE 4910–13–P Interested persons are invited to critical phase of flight due to leakage of participate in the making of the air from a loose clamp on the anti-ice proposed rule by submitting such tubing joint. This action is intended to written data, views, or arguments as address the identified unsafe condition. they may desire. Communications shall DATES: Comments must be received by identify the Rules Docket number and August 11, 2003. be submitted in triplicate to the address ADDRESSES: Submit comments in specified above. All communications triplicate to the Federal Aviation received on or before the closing date Administration (FAA), Transport for comments, specified above, will be Airplane Directorate, ANM–114, considered before taking action on the Attention: Rules Docket No. 2001–NM– proposed rule. The proposals contained

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in this action may be changed in light uncommanded engine shutdown in a rulemaking actions represent only the of the comments received. critical phase of flight. time necessary to perform the specific Submit comments using the following actions actually required by the AD. Actions Since Issuance of Original format: These figures typically do not include NPRM • Organize comments issue-by-issue. incidental costs, such as the time For example, discuss a request to Since the issuance of the original required to gain access and close up, change the compliance time and a NPRM, the FAA has determined that the planning time, or time necessitated by request to change the service bulletin proposed records check may be other administrative actions. reference as two separate issues. inadequate to identify airplanes subject • For each issue, state what specific to the identified unsafe condition. Regulatory Impact change to the proposed AD is being While it may be possible to determine The regulations proposed herein requested. some of the maintenance history from would not have a substantial direct • Include justification (e.g., reasons or the maintenance records, a records effect on the States, on the relationship data) for each request. check cannot definitively determine that between the national Government and Comments are specifically invited on certain maintenance work has not been the States, or on the distribution of the overall regulatory, economic, carried out on a particular airplane. power and responsibilities among the environmental, and energy aspects of Therefore, the FAA has determined that various levels of government. Therefore, the proposed rule. All comments paragraph (a) of the original NPRM must it is determined that this proposal submitted will be available, both before be revised to remove the proposed would not have federalism implications and after the closing date for comments, records check to determine whether under Executive Order 13132. in the Rules Docket for examination by certain maintenance had been done. In For the reasons discussed above, I interested persons. A report this supplemental NPRM, paragraph (a) certify that this proposed regulation (1) summarizing each FAA-public contact has been removed, paragraph (b) has is not a ‘‘significant regulatory action’’ concerned with the substance of this been revised accordingly, and under Executive Order 12866; (2) is not proposal will be filed in the Rules subsequent paragraphs have been a ‘‘significant rule’’ under the DOT Docket. reidentified. Regulatory Policies and Procedures (44 Commenters wishing the FAA to Conclusion FR 11034, February 26, 1979); and (3) if acknowledge receipt of their comments promulgated, will not have a significant submitted in response to this action Since this change expands the scope economic impact, positive or negative, must submit a self-addressed, stamped of the originally proposed rule, the FAA on a substantial number of small entities postcard on which the following has determined that it is necessary to under the criteria of the Regulatory statement is made: ‘‘Comments to reopen the comment period to provide Flexibility Act. A copy of the draft Docket Number 2001–NM–319–AD.’’ additional opportunity for public regulatory evaluation prepared for this The postcard will be date stamped and comment. action is contained in the Rules Docket. returned to the commenter. Changes to 14 CFR Part 39/Effect on A copy of it may be obtained by Availability of NPRMs This Supplemental NPRM contacting the Rules Docket at the location provided under the caption Any person may obtain a copy of this On July 10, 2002, the FAA issued a ADDRESSES. NPRM by submitting a request to the new version of 14 CFR part 39 (67 FR FAA, Transport Airplane Directorate, 47997, July 22, 2002), which governs the List of Subjects in 14 CFR Part 39 ANM–114, Attention: Rules Docket No. FAA’s AD system. This regulation now Air transportation, Aircraft, Aviation 2001–NM–319–AD, 1601 Lind Avenue, includes material that relates to altered safety, Safety. SW., Renton, Washington 98055–4056. products, special flight permits, and The Proposed Amendment Discussion alternative methods of compliance. In this supplemental NPRM, the office A proposal to amend part 39 of the Accordingly, pursuant to the authorized to approve AMOCs is authority delegated to me by the Federal Aviation Regulations (14 CFR identified in paragraph (c), and Note 1 part 39) to add an airworthiness Administrator, the Federal Aviation and paragraph (e) of the original NPRM Administration proposes to amend part directive (AD), applicable to certain have been removed. Dornier Model 328–300 series airplanes, 39 of the Federal Aviation Regulations was published as a notice of proposed Cost Impact (14 CFR part 39) as follows: rulemaking (NPRM) in the Federal The FAA estimates that 48 airplanes PART 39—AIRWORTHINESS Register on March 12, 2003 (68 FR of U.S. registry would be affected by this DIRECTIVES 11762). That NPRM (the ‘‘original proposed AD, that it would take NPRM’’) would have required approximately 1 work hour per airplane 1. The authority citation for part 39 performing a check of the airplane to do the inspection, and that the continues to read as follows: maintenance records; inspecting the average labor rate is $60 per work hour. Authority: 49 U.S.C. 106(g), 40113, 44701. engine nacelle anti-ice tube for leaks, if Based on these figures, the cost impact the records check indicated that an of the proposed AD on U.S. operators is § 39.13 [Amended] engine change had been accomplished estimated to be $2,880, or $60 per 2. Section 39.13 is amended by or maintenance work had been carried airplane. adding the following new airworthiness out on the nacelle anti-ice system; and The cost impact figure discussed directive: modifying the joint, if necessary. The above is based on assumptions that no Fairchild Dornier GMBH (Formerly Dornier original NPRM was prompted by a operator has yet accomplished any of Luftfahrt GmbH): Docket 2001–NM– report of an in-flight engine shutdown the proposed requirements of this AD 319–AD. during an airplane rollback due to a P3 action, and that no operator would Applicability: Model 328–300 series air leak from a loose clamp on the anti- accomplish those actions in the future if airplanes equipped with Pratt & Whitney ice tubing joint. Such leakage of air, if this AD were not adopted. The cost PW306B engine nacelles, from engine nacelle not corrected, could result in an impact figures discussed in AD serial number DR0001 up to and including

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serial number DR0051, certificated in any DEPARTMENT OF HOMELAND format, no larger than 81⁄2 by 11 inches, category. SECURITY suitable for copying. If you would like Compliance: Required as indicated, unless to know that your submission reached accomplished previously. Coast Guard us, please enclose a stamped, self- To prevent an uncommanded engine addressed postcard or envelope. We will shutdown in a critical phase of flight due to 33 CFR Part 165 consider all comments and material leakage of air from a loose clamp on the anti- [CGD13–03–018] received during the comment period. ice tubing joint, accomplish the following: We may change this proposed rule in RIN 1625–AA00 Inspection view of them. (a) Within 45 days after the effective date Security and Safety Zone; Protection Public Meeting of this AD, perform a detailed inspection of of Large Passenger Vessels, Puget We do not now plan to hold a public the anti-ice tubing in the engine nacelle at Sound, WA meeting. But you may submit a request the joint between the anti-ice tubing adapter AGENCY: Coast Guard, DHS. for a meeting by writing to Marine and duct, and also between the joint of the Safety Office Puget Sound at the address ACTION: Notice of proposed rulemaking. anti-ice shutoff valve and the same duct, to under ADDRESSES explaining why one detect any air leakage at the joints, as SUMMARY: The Coast Guard proposes to would be beneficial. If we determine specified in the Accomplishment establish regulations for the security and that one would aid this rulemaking, we Instructions of Dornier Service Bulletin SB– safety of large passenger vessels in the will hold one at a time and place 328J–71–107, Revision 1, dated July 4, 2001. navigable waters of Puget Sound and announced by a separate notice in the If no leakage is detected, no further action is adjacent waters, Washington. This Federal Register. required by this AD. proposed security and safety zone, Background and Purpose Note 1: For the purposes of this AD, a when enforced by the Captain of the detailed inspection is defined as: ‘‘An Port Puget Sound, would provide for the Hostile entities continue to operate intensive visual examination of a specific regulation of vessel traffic in the vicinity with the intent to harm U.S. National Security. The President has continued structural area, system, installation, or of large passenger vessels in the the national emergencies he declared assembly to detect damage, failure, or navigable waters of the United States. irregularity. Available lighting is normally following the September 11, 2001 DATES: Comments and related material supplemented with a direct source of good terrorist attacks (67 FR 58317, Sept. 13, must reach the Coast Guard on or before 2002) (continuing national emergency lighting at intensity deemed appropriate by August 14, 2003. the inspector. Inspection aids such as mirror, with respect to terrorist attacks)), and ADDRESSES: magnifying lenses, etc., may be used. Surface You may mail comments (67 FR 59447, Sept. 20, 2002) cleaning and elaborate access procedures and related material to Commanding (continuing national emergency with may be required.’’ Officer, Marine Safety Office Puget respect to persons who commit, threaten Sound, 1519 Alaskan Way South, to commit or support terrorism). The Modification Seattle, Washington 98134. Marine President also has found pursuant to (b) If air leakage is found during the Safety Office Puget Sound maintains the law, including the Act of June 15, 1917, detailed inspection required by paragraph (a) public docket [CGD13–03–018] for this as amended August 9, 1950, by the of this AD, before further flight, modify the rulemaking. Comments and material Magnuson Act (50 U.S.C. 191 et seq.), joint by doing the applicable actions received from the public, as well as that the security of the United States is specified in the Accomplishment documents indicated in this preamble as and continues to be endangered Instructions of Dornier Service Bulletin SB– being available in the docket, will following the attacks (E.O. 13,273, 67 FR 328J–71–107, Revision 1, dated July 4, 2001. become part of this docket and will be 56215, Sept. 3, 2002) (security available for inspection or copying at endangered by disturbances in Alternative Methods of Compliance Marine Safety Office Puget Sound international relations of U.S. and such (c) In accordance with 14 CFR 39.19, the between 8 a.m. and 4 p.m., Monday disturbances continue to endanger such Manager, International Branch, ANM–116, through Friday, except Federal holidays. relations). FAA, is authorized to approve alternative FOR FURTHER INFORMATION CONTACT: LT J. The ongoing hostilities in Afghanistan methods of compliance for this AD. Morgan, c/o Captain of the Port Puget and Iraq have made it prudent for U.S. Note 2: The subject of this AD is addressed Sound, 1519 Alaskan Way South, ports and waterways to be on a higher in German airworthiness directive 2001–296, Seattle, WA 98134, (206) 217–6232. For state of alert because the al Qaeda dated October 18, 2001. specific information concerning organization and other similar enforcement of this rule, call Marine organizations have declared an ongoing Issued in Renton, Washington, on July 9, Safety Office Puget Sound at (206) 217– intention to conduct armed attacks on 2003. 6200 or (800) 688–6664. U.S. interests worldwide. On February Ali Bahrami, SUPPLEMENTARY INFORMATION: 8, 2003, the Captain of the Port Puget Sound issued a temporary final rule Acting Manager, Transport Airplane Request for Comments Directorate, Aircraft Certification Service. (TFR) (68 FR 15375, March 31, 2003; We encourage you to participate in CGD13–03–003, 33 CFR 165.T13–002) [FR Doc. 03–17817 Filed 7–14–03; 8:45 am] this rulemaking by submitting establishing a large passenger vessel BILLING CODE 4910–13–P comments and related material. If you security and safety zone, which expires do so, please include your name and on August 8, 2003. The Coast Guard, address, identify the docket number for through this action, intends to continue this rulemaking (CGD13–03–018), to assist large passenger vessels by indicate the specific section of this establishing a permanent security and document to which each comment safety zone that when enforced by the applies, and give the reason for each Captain of the Port would exclude comment. Please submit all comments persons and vessels from the immediate and related material in an unbound vicinity of all large passenger vessels.

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Entry into this zone will be prohibited maintain course and speed unless action feet in length carrying passengers for unless authorized by the Captain of the to avoid a collision is necessary. hire such as the Washington State Port or his designee. The Captain of the We also received comments in Ferries, M/V COHO and Alaskan Marine Port may be assisted by other federal, reference to the non-compliance or Highway Ferries. Large Passenger Vessel state, or local agencies. inability for some vessels without VHF does not include vessels inspected and radios to communicate as required with certificated under 46 CFR Subchapter T Discussion of Proposed Rule the large passenger vessel master and/or such as excursion vessels, sight seeing This proposed rule, for security and official patrol. The commenters also vessels, dinner cruise vessels, and safety concerns, would control vessel noted that required communication whale watching vessels. movement in a regulated area with large passenger vessels entering All vessels within 500 yards of a large surrounding large passenger vessels. As and exiting marinas rarely occurred and passenger vessel shall operate at the a result of the request for comments in caused a distraction for the large minimum speed necessary to maintain a our TFR creating § 165.T13–002 , the passenger vessels during critical safe course, and shall proceed as Coast Guard received several comments evolutions. Commenters also stated the directed by the official patrol. No vessel, regarding the scope and impact of the required radio communications were except a public vessel as defined in TFR. We have considered these unnecessary and would clutter an paragraph (b)(7), is allowed within 100 comments in drafting this proposed important working channel. A vessel is yards of a large passenger vessel that is rule. The following is a summary of the only required to contact the large underway or at anchor, unless comments the Coast Guard received. passenger vessel master if it desires to authorized by the official patrol or large One letter voiced concerns that the operate within 100 yards of a large passenger vessel master. No vessel or security and safety zone established in passenger vessel that is underway or at person is allowed within 25 yards of a the TFR denied the use of the anchor. Vessels desiring to operate large passenger vessel that is moored. commercial and recreational facilities at within 100 yards of a large passenger Vessels requesting to pass within 100 Bell Harbor Marina, Shilshole Bay vessel that is underway or at anchor yards of a large passenger vessel that is Marina, Fisherman’s Terminal and the should first contact the on-scene official underway or at anchor must contact the Maritime Industrial Center when the patrol. Once moored the exclusionary official patrol on VHF–FM channel 16 security and safety zone was enforced. zone around large passenger vessels will or 13. The on-scene official patrol or In both the TFR and this proposed rule, shrink from 100 yards to 25 yards. large passenger vessel master may the Coast Guard is attempting to balance Many comments discuss the need for permit vessels that can only operate adequate security around large greater public education and awareness safely in a navigable channel to pass passenger vessels against the impacts efforts. The Coast Guard intends to within 100 yards of a large passenger these security and safety zones have on continue its practice of notifying the vessel that is underway or at anchor in waterway users. In response to this public by a variety of means, including order to ensure a safe passage in comment, the Coast Guard has made Broadcast Notice to Mariners, Local accordance with the Navigation Rules. two changes to this propose rule. First, Notice to Mariners, posting on Marine In addition, measures or directions the definition of Large Passenger Vessel Safety Office Puget Sound’s Web site, issued by Vessel Traffic Service Puget in paragraph (b)(2) of this proposed rule press releases, and a telephone line Sound pursuant to 33 CFR Part 161 was modified and now excludes small manned 24 hours a day to answer shall take precedence over the passenger vessels (vessels inspected and questions. regulations in this proposed rule. certificated under 46 CFR Subchapter This proposed rule would be enforced Similarly, vessels at anchor may be T). In other words, the number of from time to time by the Captain of the permitted to remain at anchor within vessels with security and safety zones Port Puget Sound for such time as he 100 yards of passing large passenger around them will decrease. Second, deems necessary to prevent damage or vessel. Public vessels for the purpose of when a large passenger vessel is injury to any vessel or waterfront this Rule are vessels owned, chartered, moored, the exclusionary zone in this facility, to safeguard ports, harbors, or operated by the United States, or by proposed rule will shrink from 100 territories, or waters of the United States a State or political subdivision thereof. yards to 25 yards. or to secure the observance of the rights The Coast Guard received one and obligations of the United States. Regulatory Evaluation comment regarding the ‘‘rules of the The Captain of the Port Puget Sound This proposed rule is not a road.’’ The commenter stated that they will cause notice of the activation of this ‘‘significant regulatory action’’ under believed that the TFR deviated from security and safety zone to be made by section 3(f) of Executive Order 12866, specific navigation rules, which apply all appropriate means to effect the Regulatory Planning and Review, and to the ‘‘stand-on’’ vessel. The Coast widest publicity among the affected does not require an assessment of Guard disagrees. Like the TFR, this segments of the public, including potential costs and benefits under proposed rule specifically states that the Marine Safety Office Puget Sound’s section 6(a)(3) of that Order. The Office Navigation Rules shall apply at all times Internet web page located at http:// of Management and Budget has not within a large passenger vessel security www.uscg.mil/d13/units/msopuget. In reviewed it under that Order. It is not and safety zone. The duties of a stand- addition, Marine Safety Office Puget ‘‘significant’’ under the regulatory on vessel are in part to keep her course Sound maintains a telephone line that is policies and procedures of the and speed. Both the TFR and this manned 24 hours a day, 7 days a week. Department of Homeland Security proposed rule require vessels operating The public can contact Marine Safety (DHS). within the large passenger security and Office Puget Sound at (206) 217–6200 or We expect the economic impact of safety zone to operate at the minimum (800) 688–6664 to obtain information this proposed rule to be so minimal that speed necessary to maintain a safe concerning enforcement of this rule. For a full Regulatory Evaluation under the course. Hence, if a vessel is within the the purpose of this regulation, a large regulatory policies and procedures of large passenger security and safety zone passenger vessel means (i) any cruise DHS is unnecessary. and is a stand-on vessel, the ship over 100 feet in length carrying Although this proposed rule would requirements of the navigation rules and passengers for hire, and (ii) any auto restrict access to the regulated area, the this proposed rule are the same—to ferries and passenger ferries over 100 effect of this proposed rule will not be

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significant because: (i) Individual large and that this rule would have a Taking of Private Property passenger vessel security and safety significant economic impact on it, This proposed rule would not effect a zones are limited in size; (ii) the official please submit a comment (see taking of private property or otherwise on-scene patrol or large passenger vessel ADDRESSES) explaining why you think it have taking implications under master may authorize access to the large qualifies and how and to what degree Executive Order 12630, Governmental passenger vessel security and safety this rule would economically affect it. Actions and Interference with zone; (iii) the large passenger vessel Assistance for Small Entities Constitutionally Protected Property security and safety zone for any given Rights. transiting large passenger vessel will Under section 213(a) of the Small effect a given geographical location for Business Regulatory Enforcement Civil Justice Reform a limited time; (iv) the Coast Guard will Fairness Act of 1996 (Public Law 104– This proposed rule meets applicable make notifications via maritime 121), we want to assist small entities in standards in sections 3(a) and 3(b)(2) of advisories so mariners can adjust their understanding this proposed rule so that Executive Order 12988, Civil Justice plans accordingly; (v) the reduction in they can better evaluate its effects on Reform, to minimize litigation, the number and types of vessels covered them and participate in the rulemaking. eliminate ambiguity, and reduce by this proposed rule as a result of If the rule would affect your small burden. comments received in response to the business, organization, or governmental Large Passenger Vessel Security Zone jurisdiction and you have questions Protection of Children TFR; and (vi) the size of the concerning its provisions or options for We have analyzed this proposed rule exclusionary zone was reduced from compliance, please contact one of the under Executive Order 13045, 100 yards to 25 yards for large passenger points of contact listed under FOR Protection of Children from vessels that are moored. FURTHER INFORMATION CONTACT. Environmental Health Risks and Safety Small businesses may send comments Risks. This rule is not an economically Small Entities on the actions of Federal employees significant rule and would not create an Under the Regulatory Flexibility Act who enforce, or otherwise determine environmental risk to health or risk to (5 U.S.C. 601–612), we have considered compliance with, Federal regulations to safety that might disproportionately whether this proposed rule would have the Small Business and Agriculture affect children. a significant economic impact on a Regulatory Enforcement Ombudsman Indian Tribal Governments substantial number of small entities. and the Regional Small Business The term ‘‘small entities’’ comprises Regulatory Fairness Boards. The The Coast Guard recognizes the rights small businesses, not-for-profit Ombudsman evaluates these actions of Native American Tribes under the organizations that are independently annually and rates each agency’s Stevens Treaties. Moreover, the Coast owned and operated and are not responsiveness to small business. If you Guard is committed to working with dominant in their fields, and wish to comment on actions by Tribal Governments to implement local governmental jurisdictions with employees of the Coast Guard, call 1– policies to mitigate tribal concerns. populations of less than 50,000. 888–REG–FAIR (1–888–734–3247). Given the flexibility of this proposed The Coast Guard certifies under 5 rule to accommodate the special needs U.S.C. 605(b) that this proposed rule Collection of Information of mariners in the vicinity of large would not have a significant economic This proposed rule would call for no passenger vessels and the Coast Guard’s impact on a substantial number of small new collection of information under the commitment to working with the Tribes, entities. Paperwork Reduction Act of 1995 (44 we have determined that passenger This proposed rule would affect the U.S.C. 3501–3520). vessel security and fishing rights following entities, some of which may protection need not be incompatible and be small entities: The owners or Federalism therefore have determined that this operators of vessels intending to operate A rule has implications for federalism proposed rule does not have tribal near or anchor in the vicinity of large under Executive Order 13132, implications under Executive Order passenger vessels in the navigable Federalism, if it has a substantial direct 13175, Consultation and Coordination waters of the United States. effect on State or local governments and with Indian Tribal Governments, This proposed rule would not have a would either preempt State law or because it does not have a substantial significant economic impact on a impose a substantial direct cost of direct effect on one or more Indian substantial number of small entities for compliance on them. We have analyzed tribes, on the relationship between the the following reasons: (i) Individual this proposed rule under that Order and Federal Government and Indian tribes, large passenger vessel security and have determined that it does not have or on the distribution of power and safety zones are limited in size; (ii) the implications for federalism. responsibilities between the Federal official on-scene patrol or large Government and Indian tribes. Unfunded Mandates Reform Act passenger vessel master may authorize Nevertheless, Indian Tribes that have access to the large passenger vessel The Unfunded Mandates Reform Act questions concerning the provisions of security and safety zone; (iii) the large of 1995 (2 U.S.C. 1531–1538) requires this proposed rule or options for passenger vessel security and safety Federal agencies to assess the effects of compliance are encouraged to contact zone for any given transiting large their discretionary regulatory actions. In the point of contact listed under FOR passenger vessel will effect a given particular, the Act addresses actions FURTHER INFORMATION CONTACT. geographical location for a limited time; that may result in the expenditure by a and (iv) the Coast Guard will make State, local, or tribal government, in the Energy Effects notifications via maritime advisories so aggregate, or by the private sector of We have analyzed this proposed rule mariners can adjust their plans $100,000,000 or more in any one year. under Executive Order 13211, Actions accordingly. Though this proposed rule would not Concerning Regulations That If you think that your business, result in such an expenditure, we do Significantly Affect Energy Supply, organization, or governmental discuss the effects of this rule elsewhere Distribution, or Use. We have jurisdiction qualifies as a small entity in this preamble. determined that it is not a ‘‘significant

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energy action’’ under that order because The Captain of the Port Puget Sound (d) Compliance. The large passenger it is not a ‘‘significant regulatory action’’ will issue a Broadcast Notice to vessel security and safety zone under Executive Order 12866 and is not Mariners and Local Notice to Mariners established by this section remains in likely to have a significant adverse effect notifying the public when enforcement effect around large passenger vessels at on the supply, distribution, or use of of the large passenger vessel security all times, whether the large passenger energy. The Administrator of the Office and safety zone is suspended. vessel is underway, anchored, or of Information and Regulatory Affairs (b) Definitions. The following moored. Upon notice of enforcement by has not designated it as a significant definitions apply to this section: the Captain of the Port Puget Sound, the energy action. Therefore, it does not (1) Federal Law Enforcement Officer Coast Guard will enforce the large require a Statement of Energy Effects means any employee or agent of the passenger vessel security and safety under Executive Order 13211. United States government who has the zone in accordance with rules set out in authority to carry firearms and make this section. Upon notice of suspension Environment warrantless arrests and whose duties of enforcement by the Captain of the The Coast Guard’s preliminary review involve the enforcement of criminal Port Puget Sound, all persons and indicates this proposed rule is laws of the United States. vessels are authorized to enter, transit, categorically excluded from further (2) Large Passenger Vessel means any and exit the large passenger vessel environmental documentation under cruise ship over 100 feet in length security and safety zone, consistent with figure 2–1, paragraph 34(g) of carrying passengers for hire, and any the Navigation Rules. Commandant Instruction M16475.1D. auto ferries and passenger ferries over (e) Navigation Rules. The Navigation The environmental analysis and 100 feet in length carrying passengers Rules shall apply at all times within a Categorical Exclusion Determination for hire such as the Washington State large passenger vessel security and will be prepared and be available in the Ferries, M/V COHO and Alaskan Marine safety zone. docket for inspection and copying Highway Ferries. Large Passenger Vessel (f) Restrictions based on distance from where indicated under ADDRESSES. All does not include vessels inspected and large passenger vessel. When within a standard environmental measures certificated under 46 CFR chapter I, large passenger vessel security and remain in effect. subchapter T such as excursion vessels, safety zone all vessels must operate at sight seeing vessels, dinner cruise the minimum speed necessary to List of Subjects in 33 CFR Part 165 vessels, and whale watching vessels. maintain a safe course and must Harbors, Marine safety, Navigation (3) Large Passenger Vessel Security proceed as directed by the on-scene (water), Reporting and record keeping and Safety Zone is a regulated area of official patrol or large passenger vessel requirements, Security measures, water established by this section, master. No vessel or person is allowed Waterways. surrounding large passenger vessels for within 100 yards of a large passenger For the reasons discussed in the a 500-yard radius to provide for the vessel that is underway or at anchor, preamble, the Coast Guard proposes to security and safety of these vessels. unless authorized by the on-scene amend 33 CFR Part 165 as follows: (4) Navigation Rules means the official patrol or large passenger vessel Navigation Rules, International-Inland. master. No vessel or person is allowed PART 165—REGULATED NAVIGATION (5) Navigable waters of the United within 25 yards of a large passenger AREAS AND LIMITED ACCESS AREAS States means those waters defined as vessel that is moored. such in 33 CFR Part 2. (g) Requesting authorization to 1. The authority citation for Part 165 (6) Official Patrol means those operate within 100 yards of large continues to read as follows: persons designated by the Captain of the passenger vessel. To request Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Port to monitor a large passenger vessel authorization to operate within 100 Chapter 701; 50 U.S.C. 191, 195; 33 CFR security and safety zone, permit entry yards of a large passenger vessel that is 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. into the zone, give legally enforceable underway or at anchor, contact the on- 107–295, 116 Stat. 2064; Department of orders to persons or vessels with in the scene official patrol or large passenger Homeland Security Delegation No. 0170.1. zone and take other actions authorized vessel master on VHF–FM channel 16 or 2. Add § 165.1317 to read as follows: by the Captain of the Port. Persons 13. authorized in paragraph (l) of this (h) Maneuver-restricted vessels. When § 165.1317 Security and Safety Zone; section to enforce this section are conditions permit, the on-scene official Large Passenger Vessel Protection, Puget designated as the Official Patrol. patrol or large passenger vessel master Sound and adjacent waters, Washington (7) Public vessel means vessels should: (a) Notice of enforcement or owned, chartered, or operated by the (1) Permit vessels constrained by their suspension of enforcement. The large United States, or by a State or political navigational draft or restricted in their passenger vessel security and safety subdivision thereof. ability to maneuver to pass within 100 zone established by this section will be (8) Washington Law Enforcement yards of a large passenger vessel in enforced only upon notice by the Officer means any General Authority order to ensure a safe passage in Captain of the Port Puget Sound. Washington Peace Officer, Limited accordance with the Navigation Rules; Captain of the Port Puget Sound will Authority Washington Peace Officer, or and cause notice of the enforcement of the Specially Commissioned Washington (2) Permit vessels that must transit via large passenger vessel security and Peace Officer as defined in Revised a navigable channel or waterway to pass safety zone to be made by all Code of Washington section 10.93.020. within 100 yards of an anchored large appropriate means to effect the widest (c) Security and safety zone. There is passenger vessel or within 25 yards of publicity among the affected segments established a large passenger vessel a moored large passenger vessel with of the public including publication in security and safety zone extending for a minimal delay consistent with security. the Federal Register as practicable, in 500-yard radius around all large (i) Stationary vessels. When a large accordance with 33 CFR 165.7(a). Such passenger vessels located in the passenger vessel approaches within 100 means of notification may also include navigable waters of the United States in yards of any vessel that is moored or but are not limited to, Broadcast Notice Puget Sound, WA, east of 123°30′ West anchored, the stationary vessel must to Mariners or Local Notice to Mariners. Longitude. [Datum: NAD 1983] stay moored or anchored while it

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remains with in the large passenger DEPARTMENT OF TRANSPORTATION (DOT), Room PL–401, 400 Seventh vessel’s security and safety zone unless Street, SW., Washington, DC 20590– it is either ordered by, or given Research and Special Programs 0001. It is open from 10 a.m. to 5 p.m., permission by the Captain of the Port Administration Monday through Friday, except Federal Puget Sound, his designated holidays. You also may submit written representative or the on-scene official 49 CFR Part 192 comments to the docket electronically. patrol to do otherwise. [Docket No. RSPA–98–4470] To do so, log onto the following Internet Web address: http://dms.dot.gov. Click (j) Exemption. Public vessels as Pipeline Safety: Meeting of the on ‘‘Help & Information’’ for defined in paragraph (b) of this section Technical Pipeline Safety Standards instructions on how to file a document are exempt from complying with Advisory Committee electronically. All written comments paragraphs (c), (d), (f), (g), (h), and (i), should reference docket number RSPA– of this section. AGENCY: Office of Pipeline Safety, 98–4470. Anyone who would like (k) Exception. 33 CFR part 161 Research and Special Programs confirmation of mailed comments must contains Vessel Traffic Service Administration, DOT. include a self-addressed stamped regulations. Measures or directions ACTION: Meeting of Gas Technical postcard. issued by Vessel Traffic Service Puget Advisory Committee. You may search the electronic form of Sound pursuant to 33 CFR part 161 will all comments received into any of our SUMMARY: The Research and Special dockets by the name of the individual take precedence over the regulations in Programs Administration’s (RSPA) this section. submitting the comment (or signing the Office of Pipeline Safety (OPS) will comment, if submitted on behalf of an (l) Enforcement. Any Coast Guard convene a meeting of the Technical association, business, labor union, etc.). commissioned, warrant or petty officer Pipeline Safety Standards Committee You may review DOT’s complete may enforce the rules in this section. In (TPSSC) to discuss and vote on the cost- Privacy Act Statement in the Federal the navigable waters of the United benefit analysis for the Notice of Register published on April 11, 2000 States to which this section applies, Proposed Rulemaking, ‘‘Pipeline (Volume 65, Number 70; pages 19477– when immediate action is required and Integrity Management for Gas 78) or you may visit http://dms.dot.gov. Transmission Pipelines in High representatives of the Coast Guard are FOR FURTHER INFORMATION CONTACT: Consequence Areas’’ (68 FR 4278) and not present or not present in sufficient Cheryl Whetsel, OPS, (202) 366–4431 or discuss and vote on recommended force to provide effective enforcement of Richard Huriaux, OPS, (202) 366–4565, guidance on how to clarify, in the final this section in the vicinity of a large regarding the subject matter of this rule, the process of identifying certain passenger vessel, any Federal Law document. sites as high consequence areas. RSPA/ Enforcement Officer or Washington Law For information on facilities or OPS will brief the TPSSC on the Enforcement Officer may enforce the services for individuals with disabilities Department of Transportation’s rules contained in this section pursuant or to request special assistance at the conceptual framework for a five-year to 33 CFR 6.04–11. In addition, the meeting, contact Jean Milam at (202) research and development program to 493–0967. Captain of the Port may be assisted by ensure the integrity of pipeline facilities other federal, state or local agencies in as required by Section 12 of the Pipeline SUPPLEMENTARY INFORMATION: The enforcing this section. Safety Improvement Act of 2002. RSPA/ agenda for this meeting of the TPSSC (m) Waiver. The Captain of the Port OPS staff will also brief the Committee will include: Puget Sound may waive any of the and request their advice on a possible 1. A vote on the gas integrity requirements of this section for any rulemaking to update the gas pipeline management rule cost-benefit analysis. vessel or class of vessels upon finding operator personnel qualification 2. A discussion and vote on recommended guidance on how to that a vessel or class of vessels, regulation. clarify, in the final rule, the process of operational conditions or other DATES: The meeting will be held on identifying certain sites as high circumstances are such that application Thursday, July 31, 2003, from 10 a.m. to consequence areas. of this section is unnecessary or 12 Noon. Advisory Committee members 3. A briefing and request for impractical for the purpose of port will participate via telephone Committee input on the conceptual security, safety or environmental safety. conference call. framework of our five-year research and Dated: June 20, 2003. ADDRESSES: Members of the public may development plan. Danny Ellis, attend the meeting in room 4236 at the 4. A briefing and request for advice on U.S. Department of Transportation, 400 a possible rule change to the gas Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. Seventh Street, SW., Washington, DC. pipeline operator qualification An opportunity will be provided for regulation. [FR Doc. 03–17723 Filed 7–14–03; 8:45 am] the public to make short statements on 5. Further discussion and vote on a BILLING CODE 4910–15–P the topics under discussion. Anyone notice of proposed rulemaking on wishing to make an oral statement liquefied natural gas facilities published should notify Jean Milam, (202) 493– May 1, 2003 (68 FR 23272). 0967, not later than July 18, 2003, on the The TPSSC is a statutorily mandated topic of the statement and the length of advisory committee that advises RSPA/ the presentation. The presiding officer OPS on proposed safety standards for at the meeting may deny any request to gas pipelines. The advisory committee present an oral statement and may limit is constituted in accordance with the time of any presentation. section 10(a)(2) of the Federal Advisory You may submit written comments by Committee Act (Pub. L. 92–463, 5 U.S.C. mail or deliver to the Dockets Facility, App. 1). The committee consists of 15 U.S. Department of Transportation members—five each representing

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government, industry, and the public. longline vessels in the vicinity of the of the hearings are necessary to address The TPSSC is tasked with determining management boundary area, to define requirements of the Magnuson-Stevens reasonableness, cost-effectiveness, and the management boundary area and Fishery Conservation and Management practicability of proposed pipeline applicable restrictions, and to revise Act for the conservation and regulations. permit requirements to allow General management of HMS.Complete Federal law requires that RSPA/OPS category vessels to participate in descriptions of the measures, and the submit cost-benefit analyses and risk registered recreational HMS fishing purpose and need for the proposed assessment information on proposed tournaments and to allow permit actions, are contained in the proposed safety standards to the advisory applicants a 10–day period to make rules and are not repeated here. The committees. The TPSSC evaluates the permit category changes to correct swordfish proposed rule published June merits of the data and methods used errors. To accommodate people unable 20, 2003 (68 FR 36967), and the bluefin within the analyses and provides to attend a hearing or wishing to tuna proposed rule published July 10, recommendations relating to the cost- provide written comments, NMFS also 2003 (68 FR 41103). Copies of the benefit analyses. solicits written comments on these proposed rule may be obtained by Authority: 49 U.S.C. 60102, 60115. proposed rules. writing (see ADDRESSES) or by calling the DATES: The public hearings are listed contact person (see FOR FURTHER Issued in Washington, DC on July 9, 2003. scheduled as follows: INFORMATION CONTACT). Stacey L. Gerard, 1. Tuesday, July 29, 2003–Gloucester, Associate Administrator for Pipeline Safety. MA 7–9 p.m. Public Hearings [FR Doc. 03–17722 Filed 7–14–03; 8:45 am] 2. Tuesday, July 29, 2003–Madeira The hearings for each proposed rule BILLING CODE 4910–60–P Beach, FL 7–9 p.m. 3. Friday, August 1, 2003–Silver will be conducted jointly at the Spring, MD 1–3 p.m. identified locations (see ADDRESSES). NMFS intends to dedicate half of the DEPARTMENT OF COMMERCE Written comments on the proposed rule regarding swordfish must be hearing time to each rule. The public is National Oceanic and Atmospheric received by 5 p.m. on August 4, 2003. reminded that NMFS expects Administration Written comments on the proposed rule participants at the public hearings to regarding bluefin tuna must be received conduct themselves appropriately. At 50 CFR Part 635 on or before August 8, 2003. the beginning of each public hearing, a ADDRESSES: The locations for the public NMFS representative will explain the [I.D. 070803B] hearings are as follows: ground rules (e.g., alcohol is prohibited 1. Sawyer Free Library, 2 Dale Ave, from the hearing room; attendees will be Atlantic Highly Migratory Species; called to give their comments in the Swordfish and Bluefin Tuna Quotas; Gloucester, MA 01930 2. City Hall, 300 Municipal Drive, order in which they registered to speak; Public Hearings Madeira Beach, FL 33708 each attendee will have an equal AGENCY: National Marine Fisheries 3. NOAA Science Center, 1301 East- amount of time to speak; and attendees Service (NMFS), National Oceanic and West Highway, Silver Spring, MD 20910 should not interrupt one another). The Atmospheric Administration (NOAA), Written comments on the swordfish NMFS representative will attempt to Commerce. proposed rule should be sent to: structure the hearing so that all Christopher Rogers, Chief, Highly attending members of the public will be ACTION: Notice of public hearings. Migratory Species Management able to comment, if they so choose, SUMMARY: NMFS will hold three public Division, Office of Sustainable Fisheries regardless of the controversial nature of hearings to receive comments from (F/SF1), NMFS, 1315 East-West the subject(s). Attendees are expected to fishery participants and other members Highway, Silver Spring, MD 20910. respect the ground rules, and, if they do of the public regarding two proposed Comments also may be sent via not, they will be asked to leave the regulations. The first proposed rule, facsimile (fax) to 301–713–1917. Written hearing. comments on the bluefin tuna proposed previously published in the Federal Special Accommodations Register on June 20, 2003, would rule should be sent to: Brad McHale, implement the recommendations from Highly Migratory Species Management The public hearings are physically the 2002 meeting of the International Division, Office of Sustainable Fisheries accessible to people with disabilities. Commission for the Conservation of (F/SF1), NMFS, One Blackburn Dr. Requests for sign language Atlantic Tunas (ICCAT) regarding North Gloucester, MA 01930. Comments also interpretation or other auxiliary aids and South Atlantic swordfish. The may be sent via facsimile (fax) to 978– should be directed to Tyson Kade (see second proposed rule, previously 281–9340. Comments will not be FOR FURTHER INFORMATION CONTACT) at published in the Federal Register on accepted if submitted via e-mail or the least 7 days prior to the hearing or July 10, 2003, would implement the Internet. meeting. 2003 fishing year specifications for the FOR FURTHER INFORMATION CONTACT: Dated: July 9, 2003. Atlantic bluefin tuna (BFT) fishery to set Tyson Kade at 301–713–2347 regarding BFT quotas for each of the established the proposed rule for swordfish or Brad Bruce C. Morehead, fishing categories, to set General McHale at 978– 281–9260 regarding the Acting Director, Office of Sustainable category effort controls, to allocate 25 proposed rule for bluefin tuna. Fisheries, National Marine Fisheries Service. metric tons of BFT to account for SUPPLEMENTARY INFORMATION: The [FR Doc. 03–17867 Filed 7–14–03; 8:45 am] incidental catch of BFT by pelagic proposed regulations that are the subject BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 135

Tuesday, July 15, 2003

This section of the FEDERAL REGISTER are encouraged to contact Carmela A. grants to eligible entities to educate contains documents other than rules or Bailey; National Program Leader, Plant governmental and private entities that proposed rules that are applicable to the and Animal Systems Unit; Cooperative operate vehicle fleets, other interested public. Notices of hearings and investigations, State Research, Education, and entities (as determined by the committee meetings, agency decisions and Extension Service; U.S. Department of Secretary), and the public about the rulings, delegations of authority, filing of petitions and applications and agency Agriculture; STOP 2220; 1400 benefits of biodiesel fuel use. Eligibility statements of organization and functions are Independence Avenue, SW., is limited to nonprofit organizations and examples of documents appearing in this Washington, DC 20250–2220; institutions of higher education (as section. Telephone: (202) 401–6443; Fax: (202) defined in sec. 101 of the Higher 401–5179; E-mail: Education Act of 1965 (20 U.S.C. 1001)) [email protected] or James that have demonstrated both knowledge DEPARTMENT OF AGRICULTURE Duffield; Economist; Office of Energy of biodiesel fuel production, use, or Policy and New Uses; U.S. Department distribution and the ability to conduct Biodiesel Fuel Education Program: of Agriculture; Telephone: (202) 401– educational and technical support Request for Applications and Request 0523; E-mail: [email protected]. programs. for Input SUPPLEMENTARY INFORMATION: The Secretary delegated this authority to the Chief Economist, who in turn AGENCY: Office of the Chief Economist, Catalog of Federal Domestic Assistance delegated this authority to the Director Office of Energy Policy and New Uses, This program is listed in the Catalog of OEPNU. OEPNU has entered into an USDA. of Federal Domestic Assistance under Economy Act agreement with CSREES ACTION: Notice of request for 10.306. for CSREES assistance in administering applications. this competitive grant program. Table of Contents SUMMARY: The Office of the Chief Part I. General B. Purpose and Fund Availability Economist, Office of Energy Policy and A. Legislative Authority and Background The Biodiesel Fuel Education New Uses (OEPNU) requests B. Purpose and Fund Availability Program seeks to familiarise public and applications for the Biodiesel Fuel C. Eligibility private vehicle fleet operators, other D. Indirect Costs Education Program for fiscal year (FY) interested entities, and the public with 2003 to educate governmental and E. Matching Requirements F. Types of Applications the benefits of biodiesel, a relatively private entities that operate vehicle Part II. Program Description new fuel option in the United States. It fleets, other interested entities (as A. Project Types will also address concerns previously determined by the Secretary), and the B. Program Description identified by fleet operators and other public about the benefits of biodiesel Part III. Preparation of an Application potential users of this alternative fuel, fuel use. A. Program Application Materials including the need to balance the B. Content of Applications DATES: Applications must be received positive environmental, social and C. Submission of Applications by close of business (COB) on August D. Acknowledgment of Applications human health impacts of biodiesel 14, 2003 (5 p.m. Eastern Daylight Time). Part IV. Review Process utilization with the increased per gallon Applications received after this A. General cost to the user. It is the Program’s goal deadline will not be considered for B. Evaluation Criteria to stimulate biodiesel demand and funding. C. Conflicts of Interest and Confidentiality encourage the further development of a Part V. Award Administration biodiesel industry in the United States. ADDRESSES: The address for hand- A. General Like other programs in the Energy Title delivered applications or applications B. Organizational Management Information (Title IX) of the FSRIA, the Biodiesel submitted using an express mail or C. Award Document and Notice of Award Fuel Education Program was motivated overnight courier service is: Biodiesel Part VI. Additional Information by a desire to increase our Nation’s Fuel Education Program; c/o Proposal A. Access to Review Information renewable energy sources and help Services Unit; Cooperative State B. Use of Funds; Changes reduce our dependence on petroleum Research, Education, and Extension C. Expected Program Outputs and Reporting Requirements imports. Service; U.S. Department of Agriculture; D. Applicable Federal Statutes and Applications should demonstrate the Room 1420, Waterfront Centre; 800 9th Regulations applicant’s ability to provide an Street, SW.; Washington, DC 20024; E. Confidential Aspects of Applications education/outreach program with a Telephone: (202) 401–5048. and Awards national scope and a consistent Applications sent via the U.S. Postal F. Regulatory Information message. There is no commitment by G. Definitions Service must be sent to the following USDA to fund any particular address: Biodiesel Fuel Education Part I. General application or to make a specific Program; c/o Proposal Services Unit; number of awards. Approximately A. Legislative Authority and Cooperative State Research, Education, $920,000 is available to fund Background and Extension Service; U.S. Department applications in FY 2003. of Agriculture; STOP 2245; 1400 Sec. 9004 of the Farm Security and Independence Avenue, SW.; Rural Investment Act of 2002 (FSRIA), C. Eligibility Washington, DC 20250–2245. 7 U.S.C. 8104, established the Biodiesel Eligibility is limited to nonprofit FOR FURTHER INFORMATION CONTACT: Fuel Education Program and requires organizations and institutions of higher Applicants and other interested parties that the Secretary make competitive education that have demonstrated both

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knowledge of biodiesel fuel production, additional support at a future date, (SOX), carbon monoxide, and particulate use, or distribution and the ability to provided that performance has been matter, however, it increases emissions conduct educational and technical satisfactory, appropriations are available of nitrogen oxides (NOX). Because support programs. for this purpose, and continued support biodiesel is made from renewable Award recipients may subcontract to would be in the best interest of the sources, significant reductions in carbon organizations not eligible to apply Federal government and the public. If dioxide can be realized when the life- provided such organizations are these three elements are met, OEPNU cycle (planting, growing, harvesting, necessary for the conduct of the project. plans to provide additional support to and processing) of producing oil crops D. Indirect Costs the funded project(s) in each of FYs (e.g., soybeans) is used in comparing 2004 through 2007. B20 to petroleum diesel. Atmospheric For the Biodiesel Fuel Education Project budgets may not exceed carbon dioxide increases are implicated Program, applicants should use the $920,000 per year. Project periods may in greenhouse warming, which has current indirect cost rate negotiated range between three (3) and five (5) become a major concern for world with the cognizant Federal negotiating years. leaders. Renewable fuels like biodiesel agency. Indirect costs may not exceed B. Program Description also have favorable energy balances the negotiated rate. If no indirect cost compared to non-renewable petroleum rate has been negotiated, a reasonable Biodiesel can be made from various fuels. Reducing the demand for dollar amount for indirect costs may be agricultural feedstocks, including oil petroleum diesel can reduce foreign requested, which will be subject to crops like soybeans, canola, and imports and favorably influence the approval by USDA. In the latter case, if sunflowers, and animal fats, such as USA balance of trade. Increasing a proposal is recommended for funding, lard and tallow, and potentially from biodiesel production will increase the wood and wood wastes. Recycled an indirect cost rate proposal must be demand for farm commodities, which in submitted prior to award to support the vegetable oils and animal fats, such as turn will raise farm prices and net farm amount of indirect costs requested. yellow grease, are also used to make income, and lower government program CSREES will request an indirect cost biodiesel. Biodiesel can be used in most payments. The development of a rate proposal and provide instructions, diesel engines with only minor biodiesel industry would increase as necessary. modifications. It can be used as a neat employment and stimulate economic A proposer may elect not to charge fuel (100 percent) or blended with growth in rural areas. indirect costs and, instead, charge only petroleum diesel in various proportions. The goals of the Biodiesel Fuel direct costs to grant funds. Grantees The most common blend is B20, a blend Education Program are to stimulate electing this alternative will not be of 20 percent biodiesel and 80 percent biodiesel consumption and to stimulate allowed to charge, as direct costs, petroleum diesel. Biodiesel is also used the development of a biodiesel indirect costs that otherwise would be as a fuel additive by blending it with infrastructure. Successful projects will in the grantee’s indirect cost pool under diesel fuel at a low level (5 percent or the applicable Office of Management less), which increases fuel lubricity. develop practical indicators or and Budget cost principles. Grantees Currently there are a small number of milestones to measure their progress who request no indirect costs will not biodiesel producers in the United towards achieving the following be permitted to revise their budgets at States. They make biodiesel primarily objectives: a later date to charge indirect costs to from soybean oil or yellow grease and 1. Enhance current efforts to collect grant funds. usually sell it as B20. Motor vehicle and disseminate biodiesel information; fleets such as school buses, urban buses, 2. Coordinate with other biodiesel E. Matching Requirements and government motor pools are the educational or promotional programs, There are no matching funds primary users of B20. The price of B20 and with Federal, State and local requirements for the Biodiesel Fuel varies significantly, depending on programs aimed at encouraging Education Program and matching differences in feedstock costs and biodiesel use, including the EPAct resources will not be factored into the transportation cost, i.e., distance from program; review process as evaluation criteria. supplier to the customer. Blending 3. Create a nationwide networking system that delivers biodiesel F. Types of Applications biodiesel with petroleum diesel increases the cost of diesel fuel; information to targeted audiences, The Biodiesel Fuel Education however, some fleet operators are including users, distributors and other Program is a new program in FY 2003. encouraged to pay a premium price for infrastructure-related personnel; All applications will be reviewed B20 by Federal and State program 4. Identify and document the benefits competitively using the selection incentives, such as the Energy Policy of biodiesel (e.g., lifecycle costing); and 5.Gather data pertaining to process and evaluation criteria Act of 1992 (EPAct) (Pub. L. 102–486), information gaps and develop strategies described in Part IV—Review Process. that promote alternative fuel use in the to address the gaps. Part II. Program Description United States. The current demand for biodiesel is small; however, it has been Part III. Preparation of an Application A. Project Types increasing in the past few years and an A. Program Application Materials OEPNU anticipates that $920,000 will infrastructure for marketing and be available to fund Biodiesel Fuel distributing biodiesel is beginning to Program application materials are Education Program grants in each of FYs emerge. available at the CSREES Funding 2003 through 2007. In FY 2003, OEPNU Biodiesel has many environmental, Opportunities Web site (http:// plans to award one or two continuation health and economic benefits. It is www.reeusda.gov/1700/funding/ grants for an initial project period of one biodegradable and reduces air toxics ourfund.htm). If you do not have access year. A continuation grant is a grant and cancer causing compounds and can to the web page or have trouble instrument by which the Department be considered to be an environmentally downloading material and you would agrees to support a specified level of preferable fuel. Burning biodiesel and like a hard copy, you may contact the effort for a predetermined project period biodiesel blends reduces most forms of Proposal Services Unit, Competitive with a statement of intention to provide air pollution, including sulfur dioxide Programs, USDA/CSREES at (202) 401–

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5048. When calling the Proposal (13) Compliance with the National ‘‘education for,’’ or ‘‘outreach that’’ Services Unit, please indicate that you Environmental Policy Act (NEPA) (Form should not be used. are requesting the RFA and associated CSREES–2006). (c) Program to Which You Are application forms for the Biodiesel Fuel (14) Page B, Proposal Cover Page Applying (Block 8). Enter ‘‘Biodiesel Education Program. These materials also (Form CSREES–2002), Personal Data on Fuel Education Program’’. may be requested via Internet by Project Director. (d) Type of Request (Block 14.). Check sending a message with your name, the block for ‘‘New’’. mailing address (not E-mail) and phone 2. Proposal Cover Page (Form CSREES– (e) Project Director (PD) (Blocks 16.– number to [email protected]. State that 2002) 19.). Blocks 16.–18. are used to identify you want a copy of the RFA and the Page A the PD and Block 19. to identify co-PDs. associated application forms for the If needed, additional co-PDs may be Biodiesel Fuel Education Program. Each copy of each grant application listed on a separate sheet of paper and must contain a ‘‘Proposal Cover Page’’, attached to Form CSREES–2002, the B. Content of Applications Form CSREES–2002. One copy of the Proposal Cover Page, with the Applications should be prepared application, preferably the original, applicable co-PD information and following the guidelines and the must contain the pen-and-ink signatures. Listing multiple co-PDs, instructions below. Each application signature(s) of the proposing PDs and beyond those required for genuine must contain the following elements in the authorized organizational collaboration, is discouraged. the order indicated: representative (AOR), the individual (f) Other Possible Sponsors (Block who possesses the necessary authority 21.). List the names or acronyms of all 1. General to commit the organization’s time and other public or private sponsors Use the following guidelines to other relevant resources to the project. including other agencies within USDA prepare an application. Proper If there are more than three co-PDs for to which your application has been or preparation of applications will assist an application, please list additional co- might be sent. In the event you decide reviewers in evaluating the merits of PDs on a separate sheet of paper (with to send your application to another each application in a systematic, appropriate information and signatures) organization or agency at a later date, consistent fashion: and attach to the Proposal Cover Page you must inform the identified CSREES (a) Prepare the application on only (Form CSREES–2002). Any proposed PD program contact as soon as practicable. one side of the page using standard size or co-PD whose signature does not Submitting your application to other (81⁄2″ x 11″) white paper, one-inch appear on Form CSREES–2002 or potential sponsors will not prejudice its margins, typed or word processed using attached additional sheets will not be review by OEPNU. no type smaller than 12 point font, and listed on any resulting award. Complete Page B single spaced. Use an easily readable both signature blocks located at the font face (e.g., Geneva, Helvetica, Times bottom of the ‘‘Proposal Cover Page’’ Page B should be submitted only with Roman). form. Please note that Form CSREES– the original signature copy of the (b) Number each page of the 2002 is comprised of two parts—Page A, application and should be placed as the application sequentially, starting with which is the ‘‘Proposal Cover Page’’, and last page of the original copy of the the Project Description, including the Page B, which is the ‘‘Personal Data on application. This page contains personal budget pages, required forms, and any Project Director.’’ data on the PD(s). CSREES requests this appendices. Form CSREES–2002 serves as a source information in order to monitor the (c) Staple the application in the upper document for the CSREES grant operation of its review and awards left-hand corner. Do not bind. An database; it is therefore important that it processes. This page will not be original and ten (10) copies (eleven (11) be accurately completed in its entirety, duplicated or used during the review total) must be submitted in one package. especially the E-mail addresses process. Please note that failure to (d) Include original illustrations requested in Blocks 4.c. and 18.c. submit this information will in no way (photographs, color prints, etc.) in all However, the following items are affect consideration of your application. copies of the application to prevent loss highlighted as having a high potential 3. Table of Contents of meaning through poor quality for errors or misinterpretations: For consistency and ease in locating reproduction. (a) Type of Performing Organization (e) The contents of the application information, each application must (Block 6.a. and 6.b.). For Block 6.a., a should be assembled in the following contain a detailed Table of Contents check should be placed in the order: immediately following the Proposal appropriate box to identify the type of (1)Proposal Cover Page (Form Cover Page. The Table of Contents organization that is the legal recipient CSREES–2002). should contain page numbers for each named in Block 1. Only one box should (2) Table of Contents. component of the application. Page be checked. For Block 6.b., please check (3) Project Summary (Form CSREES– numbering should begin with the first as many boxes that apply to the 2003). page of the Project Description. affiliation of the PD listed in Block 16. (4) Project Description. 4. Project Summary (Form CSREES– (5) References. (b) Title of Proposed Project (Block 2003) (6) Appendices to Project Description. 7.). The title of the project must be brief (7) Key Personnel. (140-character maximum, including The application must contain a (8) Collaborative Arrangements spaces), yet represent the major thrust of ‘‘Project Summary,’’ Form CSREES– (including Letters of Support). the effort being proposed. Project titles 2003. The summary should be (9) Conflict-of-Interest List (Form are read by a variety of nonscientific approximately 250 words, contained CSREES–2007). people; therefore, highly technical within the box, placed immediately (10) Budget (Form CSREES–2004). words or phraseology should be avoided after the Table of Contents, and not (11) Budget Narrative. where possible. In addition, numbered. The names and affiliated (12) Current and Pending Support introductory phrases such as organizations of all PDs and co-PDs (Form CSREES–2005). ‘‘investigation of,’’ ‘‘research on,’’ should be listed on this form, in

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addition to the title of the project. The progress towards achieving program proposed project. All authors should be summary should be a self-contained, objectives (see Part II, B.). Indicators listed in the same order as they appear specific description of the activity to be may include, but are not limited to: (1) on each paper cited, along with the title undertaken and should focus on: overall a targeted audience’s level of awareness and complete reference as these usually project goal(s) and supporting of biodiesel benefits; (2) Government appear in journals. objectives; plans to accomplish project and/or State motor fleet consumption of 9. Collaborative Arrangements goal(s); and relevance of the project to biodiesel; (3) the availability of the goals of the Biodiesel Fuel biodiesel information; and (4) the level If it will be necessary to enter into Education Program. The importance of a of public acceptance of biodiesel as a formal consulting or collaborative concise, informative Project Summary credible fuel and fuel additive; arrangements with others, such cannot be overemphasized. If there are (i) Describe strategies to involve arrangements should be fully explained more than three co-PDs for an stakeholders in the planning and and justified. If the consultant(s) or application, please list additional co- accomplishment of program objectives collaborator(s) are known at the time of PDs on a separate sheet of paper (with (see Part II, B.); and application, vitae or resume should be appropriate information) and attach to (j) Document that necessary provided. In addition, evidence (e.g., the Project Summary (Form CSREES– institutional resources (administrative, letter of support) should be provided 2003). facilities, equipment, and/or materials), that the collaborators involved have and other appropriate resources will be agreed to render these services. The 5. Project Description made available to the project. applicant also will be required to provide additional information on Please Note: The Project Description shall Demonstrate how the institutional not exceed fifteen (15) pages of written text. resources to be made available to the consultants and collaborators in the This maximum has been established to project, when combined with the budget portion of the application. See ensure fair and equitable competition. The support requested from USDA, will be instructions in the application forms for Project Description must address each of the adequate to carry out the activities of completing Form CSREES–2004, evaluation criteria identified in Part IV, B., the project. Budget. including the following: 6. References 10. Conflict-of-Interest List (Form (a) Demonstrate ability to conduct CSREES–2007) educational and technical support All references to works cited should programs; be complete, including titles and all co- A ‘‘Conflict-of-Interest List,’’ Form (b) Describe current efforts to collect authors, and should conform to an CSREES–2007, must be provided for all and disseminate biodiesel information. acceptable journal format. References individuals who have submitted a vitae Explain how the proposed project will are not considered in the page- in response to item 8.(b) of this part. enhance these efforts; limitation for the Project Description. Each Form CSREES–2007 should list (c) Describe plans to coordinate with alphabetically, by the last names, the 7. Appendices to Project Description other biodiesel educational or full names of the individuals in the promotional programs and with Federal, Appendices to the Project Description following categories: (a) All co-authors State and local programs aimed at are allowed if they are directly germane on publications within the past four encouraging biodiesel use, including the to the proposed project. The addition of years, including pending publications EPAct program; appendices should not be used to and submissions; (b) all collaborators on (d) Describe plans to create a circumvent the page limitation. projects within the past four years, including current and planned nationwide networking system that 8. Key Personnel delivers biodiesel information to collaborations; (c) all thesis or targeted audiences. Specifically address The following should be included, as postdoctoral advisees/advisors within strategies to reach: (1) Government and applicable: the past four years; and (d) all persons private fleet operators; (2) the trucking (a) The roles and responsibilities of in your field with whom you have had industry; (3) the marine industry; (4) the each PD and/or collaborator should be a consulting or financial arrangement agricultural sector; (5) fuel distributors; clearly described; and (b) Vitae of the within the past four years, who stand to (6) fuel refiners; (7) the railroad PD and each co-PD, senior associate, gain by seeing the project funded. This industry; (8) non-fuel users (e.g., furnace and other professional personnel. This form is necessary to assist program staff manufacturers); (9) engine and engine section should include vitae of all key in excluding from application review part manufacturers; and (10) the public; persons who are expected to work on those individuals who have conflicts of (e) Describe how the project will the project, whether or not OEPNU interest with the personnel in the grant identify and document the benefits of funds are sought for their support. The application. The program contact must biodiesel; vitae should be limited to two (2) pages be informed of any additional conflicts (f) Describe plans to identify each in length, excluding publication of interest that arise after the application information gaps and gather data listings. The vitae should include a is submitted. pertaining to the gaps. Explain how this presentation of academic and research 11. Budget data will be used to develop strategies credentials, as applicable, e.g., earned that reduce or eliminate the information degrees, teaching experience, (a) Budget Form (Form CSREES–2004) gaps; employment history, professional Prepare the Budget, Form CSREES– (g) Describe how the project will activities, honors and awards, and 2004, in accordance with instructions identify and gather data pertaining to grants received. A chronological list of provided with the application forms. A market barriers. Include plans to all publications in refereed journals budget form is required for each year of address questions and concerns related during the past four (4) years, including requested support. In addition, a to fuel quality, Nox emissions, cost, those in press, must be provided for cumulative budget is required detailing lifecycle costing, storage, and engine each project member for whom a the requested total support for the warrantee coverage; curriculum vitae is provided. Also list overall project period. The budget form (h) Identify all practical indicators or only those non-refereed technical may be reproduced as needed by milestones that will be used to measure publications that have relevance to the applicants. Funds may be requested

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under any of the categories listed on the Covered Transactions, to the grantee service is: Biodiesel Fuel Education form, provided that the item or service organization for retention in their Program, c/o Proposal Services Unit, for which support is requested is records. This form should not be Cooperative State Research, Education, allowable under the authorizing submitted to USDA. and Extension Service, U.S. Department legislation, the applicable statutes, of Agriculture, Room 1420, Waterfront 14. Compliance With the National regulations, and Federal cost principles, Environmental Policy Act (NEPA) (Form Centre, 800 9th Street, SW., and these program guidelines, and can CSREES–2006) Washington, DC 20024, Telephone: be justified as necessary for the (202) 401–5048. successful conduct of the proposed As outlined in 7 CFR Parts 1b and Applications sent via the U.S. Postal project. Applicants also must include a 3407 (the USDA and CSREES Service must be sent to the following budget narrative to justify their budget regulations implementing NEPA), the address: Biodiesel Fuel Education requests (see section (b) below). environmental data for any proposed Program, c/o Proposal Services Unit, project is to be provided to CSREES so (b) Budget Narrative Cooperative State Research, Education, that CSREES and OEPNU may and Extension Service, U.S. Department All budget categories, with the determine whether any further action is of Agriculture, STOP 2245, 1400 exception of Indirect Costs, for which needed. In some cases, however, the Independence Avenue, SW., support is requested must be preparation of environmental data may Washington, DC 20250–2245. individually listed (with costs) in the not be required. Certain categories of same order as the budget and justified actions are excluded from the D. Acknowledgment of Applications on a separate sheet of paper and placed requirements of NEPA. The receipt of all applications will be immediately behind the Budget form. In order for CSREES and OEPNU to acknowledged by E-mail. Therefore, determine whether any further action is applicants are strongly encouraged to 12. Current and Pending Support (Form needed with respect to NEPA, pertinent CSREES–2005) provide accurate E-mail addresses, information regarding the possible where designated, on the Form All applications must contain Form environmental impacts of a particular CSREES–2002. If the applicant’s E-mail CSREES–2005 listing other current project is necessary; therefore, Form address is not indicated, CSREES will public or private support (including in- CSREES–2006, ‘‘NEPA Exclusions acknowledge receipt of the application house support) to which personnel (i.e., Form,’’ must be included in the by letter. individuals submitting a vitae in application indicating whether the Applicants who do not receive an response to item 8.(b) of this part) applicant is of the opinion that the acknowledgment within 60 days of the identified in the application have project falls within a categorical submission deadline should contact the committed portions of their time, exclusion and the reasons therefore. If it program contact. Once the application whether or not salary support for is the applicant’s opinion that the has been assigned a proposal number, person(s) involved is included in the proposed project falls within the that number should be cited on all budget. Please follow the instructions categorical exclusions, the specific future correspondence. provided on this form. Concurrent exclusion(s) must be identified. submission of identical or similar Even though a project may fall within Part IV. Review Process the categorical exclusions, CSREES and applications to other possible sponsors A. General will not prejudice application review or OEPNU may determine that an evaluation by OEPNU. However, an Environmental Assessment or an Reviewers will include government application that duplicates or overlaps Environmental Impact Statement is and non-government personnel. All substantially with an application necessary for an activity, if substantial reviewers will be selected based upon already reviewed and funded (or to be controversy on environmental grounds training and experience in relevant funded) by another organization or exists or if other extraordinary scientific, extension, or education fields, agency will not be funded under this conditions or circumstances are present taking into account the following program. Please note that the project which may cause such activity to have factors: (a) The level of relevant formal being proposed should be included in a significant environmental effect. scientific, technical education, or the Pending section of the form. extension experience of the individual, C. Submission of Applications as well as the extent to which an 13. Certifications 1. When To Submit (Deadline Date) individual is engaged in relevant Note that by signing Form CSREES– research, education, or extension Applications must be received by COB 2002 the applicant is providing the activities; and (b) the need to include as on August 14, 2003 (5 p.m. Eastern certifications required by 7 CFR Part reviewers experts from various areas of Time). Applications received after this 3017, regarding Debarment and specialization within relevant scientific, deadline will not be considered for Suspension and Drug-Free Workplace, education, or extension fields. funding. and 7 CFR Part 3018, regarding In addition, when selecting non- Lobbying. The certification forms are 2. What To Submit government reviewers, the following included in the application package for An original and ten (10) copies of the factors will be considered: (a) The need informational purposes only. These application must be submitted in one to include as reviewers other experts forms should not be submitted with the package. (e.g., producers, range or forest application since by signing Form managers/operators, and consumers) CSREES–2002 your organization is 3. Where To Submit who can assess relevance of the providing the required certifications. If Applicants are strongly encouraged to applications to targeted audiences and the project will involve a subcontractor submit completed applications via to program needs; (b) the need to or consultant, the subcontractor/ overnight mail or delivery service to include as reviewers experts from a consultant should submit a Form AD– ensure timely receipt by the USDA. The variety of organizational types (e.g., 1048, Certification Regarding address for hand-delivered applications colleges, universities, industry, state Debarment, Suspension, Ineligibility or applications submitted using an and Federal agencies, private profit and and Voluntary Exclusion—Lower Tier express mail or overnight courier non-profit organizations) and

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geographic locations; (c) the need to (5) Demonstrated ability to analyze otherwise permitted by law. It should be maintain a balanced composition of technical information relevant to the noted that the project need not be reviewers with regard to minority and biodiesel industry. initiated on the grant effective date, but female representation and an equitable (a) Adequacy of available or as soon thereafter as practical so that age distribution; and (d) the need to obtainable resources; and project goals may be attained within the include reviewers who can judge the (b) Quality of plans to administer and funded project period. All funds granted effective usefulness to producers and maintain the project, including by OEPNU under this RFA shall be the general public of each application. collaborative efforts, evaluation and expended solely for the purpose for CSREES will compile application monitoring efforts. which the funds are granted in reviews by the individual reviewers and accordance with the approved C. Conflicts of Interest and recommend awards to OEPNU. OEPNU application and budget, the regulations, Confidentiality will make final award decisions. the terms and conditions of the award, During the peer evaluation process, the applicable Federal cost principles, B. Evaluation Criteria extreme care will be taken to prevent and the Department’s assistance The evaluation criteria below will be any actual or perceived conflicts of regulations (Parts 3015 and 3019 of 7 used in reviewing applications interest that may impact review or CFR). submitted in response to this RFA: evaluation. For the purpose of 1. Relevance of proposed project to determining conflicts of interest, the B. Organizational Management current and future issues related to the academic and administrative autonomy Information production, use, distribution, fuel of an institution shall be determined by Specific management information quality, and fuel properties of biodiesel, reference to the current version of the relating to an applicant shall be including: Higher Education Directory, published submitted on a one-time basis as part of (a) Demonstrated knowledge about by Higher Education Publications, Inc., the responsibility determination prior to markets, state initiatives, impacts on 6400 Arlington Boulevard, Suite 648, the award of a grant identified under local economies, regulatory issues, Falls Church, VA 22042. Phone: (703) this RFA, if such information has not standards, and technical issues; 532–2300. Web site: http:// been provided previously under a (b) Demonstrated knowledge about www.hepinc.com. CSREES program. CSREES will provide issues associated with developing a Names of submitting institutions and copies of forms recommended for use in biodiesel infrastructure; and individuals, as well as application fulfilling these requirements as part of (c) Quality and extent of stakeholder content and peer evaluations, will be the preaward process. Although an involvement in planning and kept confidential, except to those applicant may be eligible based on its accomplishment of program objectives. involved in the review process, to the status as one of these entities, there are 2. Reasonableness of project proposal, extent permitted by law. In addition, the factors which may exclude an applicant including: identities of peer reviewers will remain from receiving Federal financial and (a) Sufficiency of scope and strategies confidential throughout the entire nonfinancial assistance and benefits to provide a consistent message in review process. Therefore, the names of under this program (e.g., debarment or keeping with existing standards and the reviewers will not be released to suspension of an individual involved or regulations; applicants. At the end of the fiscal year, a determination that an applicant is not (b) Adequacy of Project Description names of reviewers will be made responsible based on submitted (see Part III, B. 5.) , suitability and available in such a way that the organizational management feasibility of methodology to develop reviewers cannot be identified with the information). and implement program; review of any particular application. (c) Clarity of objectives, milestones, C. Award Document and Notice of and indicators of progress; Part V. Award Administration Award (d) Adequacy of plans for reporting, A. General The award document will provide assessing and monitoring results over pertinent instructions and information Awards made pursuant to this RFA project’s duration; and including, at a minimum, the following: (e) Demonstration of feasibility, and will be made in accordance with the 1. Legal name and address of probability of success. final rule published for the Biodiesel performing organization or institution to 1. Technical quality of proposed Fuel Education Program, including any whom OEPNU has issued an award project, including: changes that may be made to the under the terms of this request for (a) Suitability and qualifications of Proposed Rule published elsewhere in applications; key project personnel; this issue of the Federal Register as 2. Title of project; (b) Institutional experience and necessary to address public comments 3. Name(s) and institution(s) of PDs competence in providing alternative submitted in response to the Proposed chosen to direct and control approved fuel education, including: Rule. activities; (1) Demonstrated knowledge about Within the limit of funds available for 4. Identifying award number assigned programs involved in alternative fuel such purpose, the Authorized by the Department; research and education; Departmental Officer (ADO) shall make 5. Project period, specifying the (2) Demonstrated knowledge about grants to those responsible, eligible amount of time the Department intends other fuels, fuel additives, engine applicants whose applications are to support the project without requiring performance, fuel quality and fuel judged most meritorious under the recompetition for funds; emissions; procedures set forth in this RFA. The 6. Total amount of Departmental (3) Demonstrated knowledge about date specified by the ADO as the financial assistance approved by Federal, State and local programs aimed effective date of the grant shall be no OEPNU during the project period; at encouraging alternative fuel use; later than September 30 of the Federal 7. Legal authority(ies) under which (4) Demonstrated ability in providing fiscal year in which the project is the award is issued; educational programs and developing approved for support and funds are 8. Appropriate Catalog of Federal technical programs; and appropriated for such purpose, unless Domestic Assistance (CFDA) number;

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9. Approved budget plan for support, for such additional period(s) as implementing OMB directives (i.e., categorizing allocable project funds to the ADO determines may be necessary OMB Circular Nos. A–21 and A–122) accomplish the stated purpose of the to complete or fulfill the purposes of an and incorporating provisions of 31 award; and approved project, but in no case shall U.S.C. 6301–6308 (formerly the 10. Other information or provisions the total project period exceed five Federal Grant and Cooperative deemed necessary by OEPNU and years. Any extension of time shall be Agreement Act of 1977, Public Law CSREES to carry out the awarding conditioned upon prior request by the 95–224), as well as general policy activities or to accomplish the purpose awardee and approval in writing by the requirements applicable to recipients of a particular award. ADO, unless prescribed otherwise in the of Departmental financial assistance. 7 CFR Part 3017—USDA Part VI. Additional Information terms and conditions of award. (f) Changes in Approved Budget: implementation of Governmentwide A. Access To Review Information Changes in an approved budget must be Debarment and Suspension Copies of reviews, not including the requested by the awardee and approved (Nonprocurement) and identity of reviewers, and a summary of in writing by the ADO prior to Governmentwide Requirements for the comments will be sent to the instituting such changes if the revision Drug-Free Workplace (Grants). 7 CFR Part 3018—USDA applicant PD after the review process will involve transfers or expenditures of implementation of Restrictions on has been completed. amounts requiring prior approval as set forth in the applicable Federal cost Lobbying. Imposes prohibitions and B. Use of Funds; Changes principles, Departmental regulations, or requirements for disclosure and certification related to lobbying on 1. Delegation of Fiscal Responsibility award. recipients of Federal contracts, grants, Unless the terms and conditions of C. Expected Program Outputs and cooperative agreements, and loans. the award state otherwise, the awardee Reporting Requirements 7 CFR Part 3019—USDA may not in whole or in part delegate or 1. Quarterly Progress Reports implementation of OMB Circular A– transfer to another person, institution, 110, Uniform Administrative or organization the responsibility for use Quarterly Progress Reports must be Requirements for Grants and Other or expenditure of award funds. submitted to the USDA program contact Agreements With Institutions of person throughout the life of the grant. 2. Changes in Project Plans Higher Education, Hospitals, and Generally, the Quarterly Progress Other Nonprofit Organizations. (a) The permissible changes by the Reports should include a summary of 7 CFR Part 3052—USDA awardee, PD(s), or other key project overall progress toward project implementation of OMB Circular No. personnel in the approved project shall objectives, a description of current A–133, Audits of States, Local be limited to changes in methodology, problems or unusual developments, Governments, and Non-profit techniques, or other similar aspects of plans for the next quarter’s activities, Organizations. the project to expedite achievement of and any other information that is 7 CFR Part 3407—CSREES procedures the project’s approved goals. If the pertinent to the ongoing project or to implement the National awardee or the PD(s) is uncertain as to which may be specified in the terms and Environmental Policy Act of 1969, as whether a change complies with this conditions of the award. amended. provision, the question must be referred 2. Current Research Information System 29 U.S.C. 794 (sec. 504, Rehabilitation to the Authorized Departmental Officer (CRIS) Reports Act of 1973) and 7 CFR Part 15b (ADO) for a final determination. The (USDA implementation of statute)— ADO is the signatory of the award Grant recipients are required to prohibiting discrimination based document, not the program contact. submit annual and summary evaluation upon physical or mental handicap in (b) Changes in approved goals or reports via the CSREES Current Federally assisted programs. objectives shall be requested by the Research Information System (CRIS). 35 U.S.C. 200 et seq.—Bayh-Dole Act, awardee and approved in writing by the CRIS is an electronic, Web-based controlling allocation of rights to ADO prior to effecting such changes. In inventory system that facilitates both inventions made by employees of no event shall requests for such changes grantee submissions of project outcomes small business firms and domestic be approved which are outside the and public access to information on nonprofit organizations, including scope of the original approved project. Federally funded projects. universities, in Federally assisted (c) Changes in approved project D. Applicable Federal Statutes and programs (implementing regulations leadership or the replacement or Regulations are contained in 37 CFR Part 401). reassignment of other key project personnel shall be requested by the Several Federal statutes and E. Confidential Aspects of Applications awardee and approved in writing by the regulations apply to grant applications and Awards ADO prior to effecting such changes. considered for review and to project When an application results in an (d) Transfers of actual performance of grants awarded under this program. award, it becomes a part of the record the substantive programmatic work in These include, but are not limited to: of USDA transactions, available to the whole or in part and provisions for 7 CFR Part 1, subpart A—USDA public upon specific request. payment of funds, whether or not implementation of the Freedom of Information that the Secretary Federal funds are involved, shall be Information Act. determines to be of a confidential, requested by the awardee and approved 7 CFR Part 3—USDA implementation of privileged, or proprietary nature will be in writing by the ADO prior to effecting OMB Circular No. A–129 regarding held in confidence to the extent such transfers, unless prescribed debt collection. permitted by law. Therefore, any otherwise in the terms and conditions of 7 CFR Part 15, subpart A—USDA information that the applicant wishes to the award. implementation of Title VI of the Civil have considered as confidential, (e) Changes in Project Period: The Rights Act of 1964, as amended. privileged, or proprietary should be project period may be extended by 7 CFR Part 3015—USDA Uniform clearly marked within the application. OEPNU without additional financial Federal Assistance Regulations, The original copy of an application that

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does not result in an award will be recipient for the purpose of conducting Secretary means the Secretary of retained by the Agency for a period of the identified project. Agriculture and any other officer or one year. Other copies will be Grantee means the organization employee of the Department to whom destroyed. Such an application will be designated in the award document as the authority involved may be released only with the consent of the the responsible legal entity to which a delegated. applicant or to the extent required by grant is awarded. Done at Washington, DC, this 9th day of law. An application may be withdrawn Institution of higher education, as July 2003. at any time prior to the final action defined in sec. 101 of the Higher Roger Conway, thereon. Education Act of 1965 (20 U.S.C. 1001), Director, Office of Energy Policy and New F. Regulatory Information means an educational institution in any Uses. State that: (1) Admits as regular students [FR Doc. 03–17852 Filed 7–14–03; 8:45 am] For the reasons set forth in the final only persons having a certificate of BILLING CODE 3410–22–P Rule-related Notice to 7 CFR Part 3015, graduation from a school providing subpart V (48 FR 29114, June 24, 1983), secondary education, or the recognized this program is excluded from the scope equivalent of such a certificate; (2) is DEPARTMENT OF AGRICULTURE of the Executive Order 12372 which legally authorized within such State to requires intergovernmental consultation provide a program of education beyond Agricultural Marketing Service with State and local officials. This secondary education; (3) provides an [Docket No. LS–03–06] program does not directly affect State educational program for which the and local governments. Under the institution awards a bachelor’s degree or Request for an Extension of and provisions of the Paperwork Reduction provides not less than a two-year Revision to a Currently Approved Act of 1995 (44 U.S.C. chapter 35), the program that is acceptable for full credit Information Collection collection of information requirements toward such a degree; (4) is a public or contained in this Notice have been other nonprofit institution; and (5) is AGENCY: Agricultural Marketing Service, approved under OMB Document No. accredited by a nationally recognized USDA. 0524–0039. accrediting agency or association, or if ACTION: Notice and request for G. Definitions not so accredited, is an institution that comments. has been granted preaccreditation status For the purpose of this program, the by such an agency or association that SUMMARY: In accordance with the following definitions are applicable: has been recognized by the Secretary of Paperwork Reduction Act of 1995 (44 Administrator means the Education for the granting of U.S.C. Chapter 35), this notice Administrator of the Cooperative State preaccreditation status, and the announces the Agricultural Marketing Research, Education, and Extension Secretary of Education has determined Service’s (AMS) intention to request Service (CSREES) and any other officer that there is satisfactory assurance that approval from the Office of Management or employee of the Department to whom the institution will meet the and Budget, for an extension for and the authority involved may be accreditation standards of such an revision to a currently approved delegated. agency or association within a information collection for the Federal Authorized departmental officer or reasonable time. Seed Act Labeling and Enforcement. ADO means the Secretary or any OEPNU means the Office of Energy DATES: Comments received by employee of the Department who has Policy and New Uses. September 15, 2003 will be considered. the authority to issue or modify grant Peer review is an evaluation of a ADDITIONAL INFORMATION OR COMMENTS: instruments on behalf of the Secretary. proposed project performed by experts Contact Richard C. Payne, Chief, Seed Authorized organizational with the scientific knowledge and Regulatory and Testing Branch, representative or AOR means the technical skills to conduct the proposed Livestock and Seed Program, president or chief executive officer of work whereby the technical quality and Agricultural Marketing Service, U.S. the applicant organization or the relevance to the program are assessed. Department of Agriculture, 801 Summit official, designated by the president or Project director or PD means the Crossing Place, Suite C, Gastonia, North chief executive officer of the applicant single individual designated by the Carolina 28054–2193; telephone (704) organization, who has the authority to grantee in the grant application and 810–8871, fax (704) 852–4189. commit the resources of the approved by the Secretary who is SUPPLEMENTARY INFORMATION: organization. responsible for the direction and Title: Federal Seed Act Program. Biodiesel means a monoalkyl ester management of the project, also known OMB Number: 0581–0026. that meets the requirements of an as a principal investigator for research Expiration Date of Approval: March appropriate American Society for activities. 31, 2004. Testing and Materials Standard. Prior approval means written Type of Request: Extension and Budget period means the interval of approval evidencing prior consent by an revision of currently approved time (usually 12 months) into which the authorized departmental officer (as information collection. project period is divided for budgetary defined above). Abstract: This information collection and reporting purposes. Program means the Biodiesel Fuel and recordkeeping requirements are Department or USDA means the Education Program. necessary to conduct the FSA (7 U.S.C. United States Department of Project means the particular activity 1551, et seq.) program with respect to Agriculture. within the scope of the program certain testing, labeling, and Education activity means an act or supported by a grant award. recordkeeping requirements of process that imparts knowledge or skills Project period means the period, as agricultural and vegetable seeds in through formal or informal training and stated in the award document and interstate commerce. outreach. modifications thereto, if any, during The FSA, Title II, is a truth-in-labeling Grant means the award by the which Federal sponsorship begins and law that regulates agricultural and Secretary of funds to an eligible ends. vegetable planting seed in interstate

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commerce. Seed subject to the FSA by the FSA nearly always satisfies the DEPARTMENT OF AGRICULTURE must be labeled with certain quality State’s testing and labeling information and it requires that requirements. Also the receiving, sales, Agricultural Marketing Service information to be truthful. The Act cleaning, testing, and labeling records [Doc. No. LS–03–07] prohibits the interstate shipment of required by the FSA, are records that the falsely advertised seed and seed shipper would normally keep in good Request for an Extension of and containing noxious-weed seeds that are business practice. Revision to a Currently Approved prohibited from sale in the State into Information Collection which the seed is being shipped. The information obtained under this Besides providing farmers and other information collection is the minimum AGENCY: Agricultural Marketing Service, seed buyers with information necessary information necessary to effectively USDA. to make an informed choice and protect carry out the enforcement of the FSA. ACTION: Notice and request for the buyer from buying mislabeled seed, Estimate of Burden: Public reporting comments. the FSA promotes fair competition burden for this collection of information SUMMARY: In accordance with the within the seed industry. It also is estimated to average 2.13 hours per Paperwork Reduction Act of 1995 (44 encourages uniformity in labeling, response. aiding the movement of seed between U.S.C. Chapter 35), this notice the States. Because seed moving in Respondents: Interstate shippers and announces the Agricultural Marketing interstate commerce must be labeled labelers of seed. Service’s (AMS) intention to request according to the FSA, most State laws Estimated Number of Respondents: approval from the Office of Management have seed labeling requirements similar 2,679. and Budget, for an extension of and revision to the currently approved to those of the FSA, causing more Estimated Number of Responses per uniformity of State laws. information collection for the Seed Although anyone can submit a Respondents: 6.42. Service Testing Program. complaint to the SRTB, the FSA is Estimated Total Annual Burden on DATES: Comments received by primarily enforced through cooperative Respondents: 36,602. September 15, 2003 will be considered. agreements with the States. State seed Comments Are Invited On: (1) ADDITIONAL INFORMATION OR COMMENTS: inspectors inspect and sample seed Whether the proposed collection of Contact Richard C. Payne, Chief, Seed where it is being sold. They send a information is necessary for the proper Regulatory and Testing Branch (SRTB), sample of the seed and a copy of the performance of the functions of the Livestock and Seed Program, labeling to the State seed laboratory agency, including whether the Agricultural Marketing Service, U.S. where the sample is tested and the information will have practical utility; Department of Agriculture, 801 Summit analysis compared with the label. When (2) the accuracy of the agency’s estimate Crossing Place, Suite C, Gastonia, North violations are found, State personnel Carolina 28054–2193; telephone (704) may take corrective action such as of the burden of the proposed collection of information including the validity of 810–8871 and Fax number (704) 852– issuing a stop sale order to keep the 4189. seed from being sold until it is correctly the methodology and assumptions used; labeled or otherwise disposed of. They (3) ways to enhance the quality, utility, SUPPLEMENTARY INFORMATION: may also take action against the shipper and clarity of the information to be Title: Seed Service Testing Program. or labeler of the seed. The action a State collected; and (4) ways to minimize the OMB Number: 0581–0140. may take against a shipper in another burden of the collection of information Expiration Date of Approval: May 31, State is limited. Therefore, violations on those who are to respond, including 2004. involving interstate shipments may be the use of appropriate automated, Type of Request: Extension and turned over to AMS for Federal action. electronic, mechanical, or other revision of a currently approved AMS investigates the complaints. The technological collection techniques or information collection. investigation normally involves check other forms of information technology. Abstract: This information collection testing the State’s official sample and Comments may be sent to Richard C. is necessary to conduct voluntary seed testing on a fee for service basis. The possibly the shipper’s file sample at the Payne, Chief, Seed Regulatory and Agricultural Marketing Act of 1946, as Testing Section. The shipper’s records Testing Branch, LS, AMS, USDA, 801 are checked to establish that there was amended, 7 U.S.C. 1621 et seq. Summit Crossing Place, Suite C, a violation of the FSA, responsibility for authorizes the Secretary to inspect and Gastonia, North Carolina 28054–2193 or the violation, and the cause of the certify the quality of agricultural mislabeling, if possible. The E-mail to [email protected]. All products and collect such fees as investigation will help the shipper find comments received will be available for reasonable to cover the cost of service and correct the problem causing the public inspection during regular rendered. violation and help AMS to determine business hours at the same address. The purpose of the voluntary program the appropriate regulatory action. All responses to this notice will be is to promote efficient, orderly Regulatory action is to take no action if summarized and included in the request marketing of seeds, and assist in the the investigation finds the FSA was not for OMB approval. All comments will development of new and expanding violated, a letter of warning for less become a matter of public record. markets. Under the program, samples of serious violations, or a monetary agricultural and vegetable seeds Dated: July 9, 2003. settlement for more serious violations. submitted to AMS are tested for factors No unique forms are required for this A.J. Yates, such as purity and germination at the information collection. The FSA Administrator, Agricultural Marketing request of the applicant for the service. requires seed in interstate commerce to Service. In addition, grain samples, submitted at be tested and labeled. Once in a State, [FR Doc. 03–17800 Filed 7–14–03; 8:45 am] the applicant’s request, by the Grain seed must comply with the testing and BILLING CODE 3410–02–P Inspection, Packers, and Stockyards labeling requirements of the State seed Administration are examined for the law. The same test and labeling required presence of certain weed and crop seed.

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A Federal Seed Analysis Certificate is for public inspection during regular consistent with meeting desired issued giving the test results. Most of business hours at the same address. condition sin the NLRMP. The need for the seed tested under this program is All responses to this notice will be the action is to reverse undesirable scheduled for export. Many importing summarized and included in the request conditions, and ensure that authorized countries require a Federal Seed for OMB approval. All comments will uses and associated management analysis Certificate on U.S. seed. become a matter of public record. activities move them towards desired The only information collected is Dated: July 9, 2003. NLRMP conditions. information needed to provide the Proposed Action: The Fall River A.J. Yates, service requested by the applicant. This Ranger District proposes to implement includes information to identify the Administrator, Agricultural Marketing best management practices and Service. seed being tested, the seed treatment (if activities with adaptive management treated with a pesticide), the tests to be [FR Doc. 03–17801 Filed 7–14–03; 8:45 am] and monitoring strategies to ensure performed, and any other appropriate BILLING CODE 3410–02–P there are no disparities between current information required by the applicant to conditions and NLRMP desired conditions. be on the Federal Seed Analysis DEPARTMENT OF AGRICULTURE Certificate. Possible Alternatives: No-Action The number of seed companies Forest Service Alternative is to not change current applying for the seed testing service has permitted uses. No-Use alternative is to increased from 65 to 82 during the past Revised Southeast Geographic Area eliminate any uses on the project area. 3 years due to an increase in the number Rangeland Allotment Management Responsible Official: Michael E. of companies exporting seed. The total Plans on Some National Forest System McNeill, District Ranger, Fall River number of samples received for testing Lands on the Buffalo Gap National Ranger District, PO Box 732, 1801 has increased also. Therefore, the Grassland in South Dakota Highway 18 By-pass, Hot Springs, SD average burden for information 57747. collection has remained about the same AGENCY: Forest Service, USDA. Nature Of Decision To Be Made: The for seed companies applying for the ACTION: Notice of intent to prepare an decision to be made is whether or not service. environmental impact statement in to continue permitted uses within the The information in this collection is conjunction with the revision of project area. If uses are permitted, then used only by authorized AMS allotment management plans. adaptive management strategies and employees to track, test, and report monitoring will be identified to ensure SUMMARY: Revise Rangeland Allotment results to the applicant. compliance with desired NLRMP Estimate of Burden: Public reporting Management Plans (RAMP) for all conditions. burden for this collection of information allotments within the Fall River Scoping Process: The agency sent a is estimated to average .25 hours per Southeast Geographic Area (FRSEGA) letter to interested parties on April 30, response. and the Fox Allotment whose boundary 2003 requesting comments concerning Respondents: Applicants for seed lies within the Fall River West the scope of the analysis. Comments testing service. Geographic Area (FRWGA), and analyze were due by May 20, 2003. Estimated Number of Respondents: continuation of grazing within the Release and Review of the Draft 82. constraints of the Revised Nebraska Environmental Impact Statement: The Estimated Number of Responses per Land and Resource Management Plan draft environmental impact statement Respondent: 24.3. (NLRMP). (DEIS) is expected to be filed with the Estimated Total Annual Burden on DATES: Comments concerning the scope Environmental Protection Agency (EPA) Respondents: 498.5 hours. of the analysis must be received within and to be available for public comment Comments are invited on: (1) Whether 30 days after publication in the Federal by August 2003. At that time, the EPA the proposed collection of information Register. The draft environmental will publish a notice of availability for is necessary for the proper performance impact statement is expected August the DEIS in the Federal Register. The of the functions of the agency, including 2003 and the final environmental comment period on the DEIS will be 45 whether the information will have impact statement is expected October days from the date the EPA publishes practical utility; (2) the accuracy of the 2003. the notice of availability in the Federal agency’s estimate of the burden of the Register. ADDRESSES: proposed collection of information Send written comments to: Reviewers of the DEIS must structure including the validity of the Mike Erk, Interdisciplinary Team their participation in the environmental methodology and assumptions used; (3) Leader, USDA Forest Service, PO Box review of the proposal so that it is ways to enhance the quality, utility, and 732, 1801 Highway 18 By-pass, Hot meaningful and alerts an agency to the clarity of the information to be Springs, SD 57747. reviewer’s position and contentions; collected; and (4) ways to minimize the FOR FURTHER INFORMATION CONTACT: Vermont Yankee Nuclear Power Com. v. burden of the collection of information Mike Erk, Interdisciplinary Team NRDC. 435 U.S. 519, 553 (1978). Also, on those who are to respond, including Leader, USDA Forest Service, PO Box environmental objections that could be the use of appropriate automated, 732, 1801 Highway 18 By-pass, Hot raised at the DEIS stage but are not electronic, mechanical, or other Springs, SD 75547. Phone (605) 745– raised until after completion the Final technological collection techniques or 4107 Environmental Impact Statement (FEIS) other forms of information technology. SUPPLEMENTARY INFORMATION: may be waived or dismissed by the Comments may be sent to Richard C. Purpose and Need for Action: The courts; City of Angoon v. Hodel, 803 F. Payne, Chief, Seed Regulatory and purpose of the EIS is to determine 2d 1016, 1022 (9th Cir. 1986) and Testing Branch, LS, AMS, USDA, 801 current conditions, analyze Wisconsin. Summit Crossing Place, Suite C, environmental consequences of actions Heritages, Inc., v. Harris, 490 F. Supp. Gastonia, North Carolina 28054–2193 or to these conditions, and assist the 1334, 1338 (E.D. Wis 1980). Because of by E-mail to [email protected]. decision maker in selecting these court rulings, it is very important All comments received will be available management/monitoring strategies that those interested in this proposed

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action participate by the close of the 45 101–592 amended by Pub. L. 104–113, Dated: July 9, 2003. day comment period so that substantive Pub. L. 105–234 and Pub. L. 106–34) is Gwellnar Banks, comments and objections are made required to accept an affirmation from Management Analyst, Office of the Chief available to the Forest Service at a time laboratory accreditation bodies and Information Officer. when it can meaningfully consider them quality system registrar accreditation [FR Doc. 03–17780 Filed 7–14–03; 8:45 am] and respond to them in the FEIS. bodies. The affirmation must meet the BILLING CODE 3510–13–P To assist the Forest Service in applicable International Organization identifying and considering issues and for Standardization/International concerns on the proposed actions, Electro-technical Commission (ISO/IEC) DEPARTMENT OF COMMERCE comments on the DEIS should be a Guide (ISO/IEC Guide 58 for laboratory specific as possible. It is also helpful if Secretarial Oil and Gas Business accreditors and ISO/IEC Guide 61 for Development Mission to Russia comments refer to specific pages or registrar accreditors). An organization chapters of the draft statement. having made such an affirmation to AGENCY: Department of Commerce. Comments may also address the NIST may accredit either fastener ACTION: Notice to announce Secretary adequacy of the DEIS or the merits of Evans—Oil and Gas Business the alternatives formulated and testing laboratories or quality system registrars for fastener manufacturers in Development Mission to Russia, discussed in the statements. Reviewers September 21–25, 2003. may wish to refer to the Council on accordance with the applicable Environmental Quality Regulations for provisions of the Fastener Quality Act. SUMMARY: Secretary of Commerce implementing the procedural provisions NIST will solicit information Donald L. Evans will lead a senior-level of the National Environmental Policy declarations from U.S. and foreign business development mission to St. Act at 40 CFR 1503.3 in addressing private accreditation bodies. The Petersburg and Moscow, Russia from these points. information collected will enable NIST September 21–25, 2003. The focus of the Comments received, including the to compile a list of accreditation bodies mission will be to assist U.S. businesses names and addresses of those who able to provide accreditations meeting to explore trade and investment comment, will be considered part of the all the requirements of the Act and of opportunities in the oil and gas sector public record on this proposal and will the procedures, 15 CFR part 280. including exploration and production, be available for public inspection. Section 10 of the Act requires NIST to equipment and services, and (Authority: 40 CFR 1501.7 and 1508.22; accept petitions from persons transportation. The delegation will Forest Service Handbook 1909.15, Section publishing a document setting forth include approximately 15 U.S. based 21) guidance or requirements providing senior executives of small, medium and Dated: July 1, 2003. equal or greater rigor and reliability large sized U.S. firms. The mission will reaffirm U.S. Government support of Michael E. McNeill, compared to ISO/IEC Guide 25, ISO/IEC U.S.-Russian cooperation in the energy District Ranger. Guide 58, ISO/IEC Guide 61, or ISO/IEC sector and seek to expand opportunities Guide 62. Petitions to consider a [FR Doc. 03–17850 Filed 7–14–03; 8:45 am] for U.S. companies. Members will BILLING CODE 3410–11–M document as an alternative to one of the participate in the U.S.-Russia ISO/IEC guides may be accepted by the Commercial Energy Summit in St. Director of NIST for use provided the Petersburg on September 22–23, and DEPARTMENT OF COMMERCE document provides equal or greater will participate in additional meetings rigor and reliability as compared to the in Moscow on September 24–25. Submission for OMB Review; ISO/IEC guide. DATES: Applications should be Comment Request Affected Public: Business or other for- submitted to the Office of Business The Department of Commerce has profit organizations. Liaison by August 8, 2003. Applications submitted to the Office of Management Frequency: On occasion. received after that date will be and Budget (OMB) for clearance the considered only if space and scheduling following proposal for collection of Respondent’s Obligation: Required to constraints permit. obtain or retain benefits. information under the provisions of the FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act (44 U.S.C. OMB Desk Officer: Jacqueline Zeiher, Office of Business Liaison; Room 5062; chapter 35). (202) 395–4638. Department of Commerce; Washington, Agency: National Institute of Copies of the above information DC 20230; Tel: (202) 482–1360; Fax: Standards and Technology (NIST). collection proposal can be obtained by (202) 482–4054. Title: Fastener Quality Act calling or writing Diana Hynek, SUPPLEMENTARY INFORMATION: Requirements. Departmental Paperwork Clearance Form Number(s): None. Secretarial Oil and Gas Business Officer, (202) 482–0266, Department of OMB Approval Number: 0693–0015. Development Mission to Russia Commerce, Room 6625, 14th and Type of Review: Regular submission. September 21–25, 2003 Burden Hours: 21.5. Constitution Avenue, NW, Washington, Number of Respondents: 2. DC 20230 (or via the Internet at I. Description of the Mission Average Hours Per Response: 1.5 [email protected]). Secretary of Commerce Donald L. hours per accreditation body and 20 Written comments and Evans will lead a senior-level business hours per petitioner. recommendations for the proposed development mission to St. Petersburg Needs and Uses: The National information collection should be sent and Moscow, Russia from September Institute of Standards and Technology within 30 days of publication of this 21–25, 2003. The focus of the mission (NIST), a component of the Technology notice to Jacqueline Zeiher, OMB Desk will be to assist U.S. businesses to Administration reporting to the Under Officer, Room 10202, New Executive explore trade and investment Secretary for Technology, under the Office Building, Washington, DC 20503. opportunities in the oil and gas sector Fastener Quality Act (the Act) (Pub. L. including exploration and production,

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equipment and services, and U.S. Export-Import Bank and the terminals. Currently, consideration is transportation. The delegation will European Bank for Reconstruction and being given to building an oil terminal include approximately 15 U.S. based Development account for much of this at the warm-water port of Murmansk; a senior executives of small, medium and increase. 2450-kilometer pipeline from Angarsk large sized U.S. firms. The mission will Because Russia’s mature oil (East Siberia) to Daqing in northeastern reaffirm U.S. Government support of production base has been exploited for China; and an LNG plant on Sakhalin U.S.-Russian cooperation in the energy decades, efforts to offset production for gas exports to the Far East. sector and seek to expand opportunities declines and to increase oil recovery for U.S. companies. Members will factors have led to excellent prospects III. Goals for the Mission participate in the U.S.-Russia for U.S. exports, especially those The mission aims to further U.S. Commercial Energy Summit in St. targeted at oilfield rehabilitation and commercial policy objectives and to Petersburg on September 22–23, and enhanced oil recovery technology. advance specific U.S. business interests. will participate in additional meetings There are also a number of new projects The mission will: in Moscow on September 24–25. planned for previously undeveloped • Assess the commercial climate and regions such as Timan Pechora, East II. Commercial Setting for the Mission export and investment opportunities in Siberia, and the Russian Far East. The Russia; The U.S. has become increasingly huge oil fields offshore Sakhalin Island • Advance specific U.S. business engaged with Russia on energy issues. in the Russian Far East, which are being interests of the mission members by At the Presidential Summit in May developed by several international introducing them to key host 2002, Presidents Bush and Putin consortia, present enormous government decision-making officials announced a new Energy Dialogue, with opportunities for U.S. equipment and to potential clients and business the goals of increasing global energy suppliers. The consortia are expected to partners; supply and security, and promoting invest a total of $30–45 billion over the • Assist new-to-market firms to gain a U.S.-Russian cooperation in developing 30-year life cycles of these projects. foothold in Russia and increase the energy resources. The first event of the Investment in energy-related visibility of U.S. companies already new Dialogue was the U.S.-Russia infrastructure such as pipelines, ports, operating in Russia in this very Commercial Energy Summit, in October and processing facilities is also planned. competitive market; 2002 in Houston, Texas. This historic • Summit brought together top officials Oil and Gas Exploration and Production Support U.S. Government efforts to and executives from the U.S. and In 2003, Russia remains the world’s eliminate market access problems top energy producer, when production encountered by U.S. firms in Russia; Russian governments and energy • industries. It was chaired by the U.S. of both oil and natural gas is considered Encourage continued progress in Secretaries of Commerce and Energy, on an oil equivalent basis. This year, economic reforms in Russia; • and the Russian Ministers of Energy and Russia could produce as much as 8.0 Promote U.S.-Russian energy Economic Development and Trade. million barrels of oil and natural gas cooperation. Together, they agreed to strengthen liquids per day (bpd) and 610 billion IV. Scenario for the Mission energy cooperation between the U.S. cubic meters (bcm) of natural gas. These and Russia by working towards the figures represent a dramatic recovery in The Business Development Mission common goals of diversifying energy the oil and gas sector since 1996 when will provide participants with exposure supplies, improving the investment oil production had dropped to only 6.04 to high level contacts and access to the environment, expanding commercial million bpd and in 1997, when gas Russian market. American Embassy partnerships, and developing resources production was 575 bcm. The Russian officials and local U.S. businesses will in an environmentally responsible way. government expects oil and gas provide a detailed briefing on the They also agreed to form the U.S.-Russia production to continue to increase over economic, commercial and political Commercial Energy Dialogue (CED). The the next decade as oil companies climate, and current export and CED consists of U.S. and Russian energy discover new fields and rehabilitate old investment opportunities. Meetings will companies, and provides a forum for ones. be arranged with appropriate discussing issues affecting the U.S.- To date, U.S. companies have played government ministers and other senior Russia commercial energy relationship. a fairly limited role in developing level government officials. In addition, The CED has had regular meetings since Russia’s massive oil and gas resources. private meetings will be scheduled with the Commercial Energy Summit, and U.S. companies’ involvement ranges potential business partners. Networking will submit a report outlining ways to from several small joint ventures to the events will also be organized to provide promote more U.S.-Russian energy massive Sakhalin-I project in the opportunities to meet Russian business cooperation at the Second Commercial Russian Far East. and government representatives. Energy Summit, scheduled for Secretary Evans will meet with his trade Oil and Gas Transportation September 22–23 in St. Petersburg, counterparts and other senior Russia. Russia’s oil exports have been steadily government officials to encourage increasing since 1995. In 2003, Russia support for U.S. companies in Russia’s Oil and Gas Equipment and Services will export about 5.5 million bpd of energy sector. Russia is currently the fifth largest crude oil and refined oil products, based Mission members will participate in export market for U.S.-made oil and gas on industry projections. The Russian the U.S.-Russia Commercial Energy field equipment. In 2002, U.S. exports of government and Russian energy Summit in St. Petersburg, which will oil and gas field machinery to Russia industry have stated that they intend to allow them to meet senior energy sector totaled $328 million, an increase of 16 increase oil and gas exports, and to find officials and industry leaders. They will percent from 2001. High oil prices, new markets in addition to Europe, also travel to Moscow for additional which allowed Russian oil companies to where the demand for oil and gas is meetings with senior Russian invest in new and existing oil fields, expected to remain relatively flat. This government officials, as well as for one- new pipeline construction, and major will require new export infrastructure on-one sales and business partnership loans to Russian oil companies from the including pipelines and oil and gas opportunities.

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The tentative trip itinerary will be as An applicant’s partisan, political Agenda follows: activities (including political 1. Welcome by Under Secretary of September 21: Arrive in St. Petersburg contributions) are entirely irrelevant to Commerce for Industry and Security. September 22: Commercial Energy the selection process. 2. Opening remarks by the Chairman. Summit in St. Petersburg VI. Time Frame for Applications 3. Presentation of papers or comments September 23: Commercial Energy by the public. Summit in St. Petersburg; travel to Applications for the Russia Business 4. Bureau of Industry and Security Moscow Development mission will be made (BIS) and Export Administration update. September 24: Meetings in Moscow available on or about July 3, 2003. The 5. Export Enforcement update. September 25: Meetings in Moscow; fee to participate in this mission has not 6. Discussion of issues. depart Moscow yet been determined, but will be 7. Closing remarks. approximately $8,000–$10,000. The fees V. Criteria for Participant Selection A limited number of seats will be will not cover travel or lodging available for the public session. The recruitment and selection of expenses, which will be the Reservations are not accepted. To the private sector participants for this responsibility of each participant. For extent time permits, members of the mission will be conducted according to additional information on the trade public may present oral statements to the ‘‘Statement of Policy Governing mission or to obtain an application, the PECSEA. Written statements may be Department of Commerce-Overseas contact the Office of Business Liaison at submitted at any time before or after the Trade Missions’’ established in March 202–482–1360. Applications should be meeting. However, to facilitate 1997. Approximately 15 companies will submitted to the Office of Business distribution of public presentation be selected for the mission. Companies Liaison by August 8, 2003, in order to materials to PECSEA members, the will be selected according to the criteria ensure sufficient time to obtain in- PECSEA suggests that public set out below. country appointments for applicants presentation materials or comments be Eligibility selected to participate in the mission. forwarded before the meeting to the Applications received after that date Participating companies must be address listed below: Ms. Lee Ann will be considered only if space and incorporated in the United States. A Carpenter, BIS/EA/OSIES MS: 3876, scheduling constraints permit. A company is eligible to participate if the U.S. Department of Commerce, 14th St. mission website will be posted at http:/ products and/or services that it will & Constitution Ave. NW., Washington, /www.commerce.com/ promote (a) are manufactured or DC 20230. produced in the United States; or (b) if russiamission2003 to share information FOR FURTHER INFORMATION CONTACT: Ms. manufactured or produced outside the as it becomes available. Lee Ann Carpenter on 202–482–2583. Contact: Office of Business Liaison, United States, are marketed under the Room 5062, Department of Commerce, Dated: July 9, 2003. name of a U.S. firm and have U.S. Washington, DC 20230, Tel: (202) 482– James J. Jochum, content representing at least 51 percent 1360, Fax: (202) 482–4054,&fnl;http:// Assistant Secretary for Export of the value of the finished good or www.commerce.com/russiamission. Administration. service. [FR Doc. 03–17804 Filed 7–14–03; 8:45 am] Dated: July 9, 2003. BILLING CODE 3510–JT–M Selection Criteria Dan McCardell, Companies will be selected for Director, Office of Business Liaison. participation in the mission on the basis [FR Doc. 03–17807 Filed 7–14–03; 8:45 am] DEPARTMENT OF COMMERCE of: • BILLING CODE 3510–DR–P Consistency of company’s goals National Oceanic and Atmospheric with the scope and desired outcome of Administration the mission; • DEPARTMENT OF COMMERCE Relevance of a company’s business Request for Information and product line to the identified Bureau of Industry and Security growth sectors; SUMMARY: In furtherance of its • Rank of the designated company President’s Export Council implementation of the new U.S. representative; Subcommittee on Export Commercial Remote Sensing Policy • Past, present, or prospective Administration; Notice of Open authorized by the President on April 25, relevant international business activity; Meeting 2003, the National Oceanic and • Diversity of company size, type, Atmospheric Administration (NOAA) is location, demographics, and traditional The President’s Export Council seeking public comment with regard to under-representation in business. subcommittee on Export Administration NOAA’s licensing of commercial remote • Timely receipt of signed mission (PECSEA) will meet on July 31, 2003, 10 sensing satellite systems. a.m., at the U.S. Department of application, participation agreement, DATES: Submit comments on or before Commerce, Herbert C. Hoover Building, and participation fee. August 15, 2003. Recruitment will begin immediately Room 3884, 14th Street between and will be conducted in an open and Pennsylvania and Constitution ADDRESSES: Submit written comments public manner, including publication in Avenues, NW., Washington, DC. The to: NOAA/NESDIS International and the Federal Register, posting on the PECSEA provides advice on matters Interagency Affairs Office, 1335 East- Commerce Department trade missions pertinent to those portions of the Export West Highway SSMC1, Room 7311, calendar—http://www.ita.doc.gov/ Administration Act, as amended, that Silver Spring, MD 20910, attn: Timothy doctm/tmcal.html—and other Internet deal with United States policies of Stryker, Chief, Satellite Activities websites, press releases to the general encouraging trade with all countries Branch. and trade media. Promotion of the with which the United States has SUPPLEMENTARY INFORMATION: The new mission will also take place through the diplomatic or trading relations and of U.S. Commercial Remote Sensing Policy involvement of U.S. Export Assistance controlling trade for national security establishes guidance and Centers and relevant trade associations. and foreign policy reasons. implementation actions for the policies

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contained therein with respect to COMMODITY FUTURES TRADING Division of Market Oversight, commercial remote sensing space COMMISSION Commodity Futures Trading capabilities. A fact sheet regarding the Commission, Three Lafayette Centre, new policy directive may be found on Chicago Mercantile Exchange: 1155 21st Street NW., Washington, DC the web site of the White House Office Proposed Amendments to the Live 20581, (202) 418–5276. Facsimile of Science and Technology Policy, at Cattle Futures Contract Restricting number: (202) 418–5527. Electronic http://www.ostp.gov/html/new.html. Delivery to Cattle Born and Raised in mail: [email protected]. the United States The fundamental goal of the policy is SUPPLEMENTARY INFORMATION: ‘‘to advance and protect U.S. national AGENCY: Commodity Futures Trading Background security and foreign policy interests by Commission. The CME’s live cattle futures contract maintaining the nation’s leadership in ACTION: Notice of availability for public calls for delivery at par of 40,000 remote sensing space activities, and by comment of the proposed amendments pounds of live steers at specified CME- sustaining and enhancing the U.S. to the Chicago Mercantile Exchange’s approved livestock yards in Texas, remote sensing industry.’’ live cattle futures contract restricting Kansas, Nebraska, Oklahoma, and New As part of the implementation of the delivery to cattle born and raised in the Mexico.1 Under current contract terms, United States. new policy, the National Oceanic and there is no country of origin Atmospheric Administration (NOAA) is SUMMARY: The Chicago Mercantile requirement. seeking public comment on all aspects Exchange (CME or Exchange) has The proposed amendments will of its licensing program for commercial requested that the Commission approve require that all cattle delivered on the remote sensing satellite systems. NOAA the subject proposed amendments for futures contract must be born and raised is seeking comments on topics such as: the live cattle futures contract. The exclusively in the United States, and the seller must provide supporting • the current regulations on proposals were submitted pursuant to the provisions of Section 5c(c)(2) of the documentation that conforms to commercial remote sensing satellite Commodity Exchange Act (Act) and industry standards at the time of systems; Commission Regulation 405.5. The delivery. The amendments are • the current thresholds for proposals will require that all cattle contingent upon the promulgation by commercial operations of U.S. systems; delivered on the futures contract must the USDA of final regulations implementing the COOL provisions • the U.S. Government’s manner of be born and raised exclusively in the (Section 10816 of Public Law 107–171), conditioning operations of U.S. system United States, and the seller must provide supporting documentation that which by statute is intended to take operators; effect on September 30, 2004. The • conforms to industry standards at the issues of foreign availability and time of delivery. The amendments are Exchange intends to implement the competition; and, contingent upon the promulgation by amendments with respect to all newly • possible alternative approaches to the United States Department of listed futures contract months beginning address U.S. national security, foreign Agriculture (USDA) of regulations with the October 2004 contract month.2 policy, and commercial interests. implementing Country Of Origin In support of the proposed Labeling (COOL) requirements pursuant amendments, the Exchange states the For public reference, the Land Remote to Section 10816 of Public Law 107–171 following: Sensing Policy Act of 1992, the (the Farm Security and Rural [T]hese amendments are based on input from Licensing of Private Land Remote- Investment Act of 2002), which by the Exchange’s Ad Hoc Live Cattle Advisory Sensing Space Systems (15 CFR part statute is intended to take effect on Group, which includes a cross-section of 960), and other relevant materials may September 30, 2004. industry representatives. This Group was be found in the ‘‘Reference Materials’’ The Director of the Division of Market convened on Monday, June 2nd specifically to discuss the implications associated with section on the NOAA Commercial Oversight (Division) of the Commission, the impending adoption of COOL Remote Sensing Licensing Web site, at acting pursuant to the authority regulations. The Group agreed that the Live http://www.licensing.noaa.gov. delegated by Commission Regulation Cattle contract delivery specifications should Comments should be received by NOAA 140.96, has determined that publication be modified to require that all delivered no later than August 15, 2003, by postal of the Exchange’s proposed cattle must be born and raised exclusively in service to the address listed above. amendments for comment is in the the United States. Further, the seller (short) public interest, and will assist the must provide documentation that conforms to industry standards at the time of delivery, FOR FURTHER INFORMATION CONTACT: Commission in considering the views of Timothy Stryker, NOAA/NESDIS verifying country of origin information. interested persons. Finally, a contingency clause has been International and Interagency Affairs, DATES: Comments must be received on adopted in the event that COOL is postponed 1335 East West Highway, Room 7311, or before July 30, 2003. or repealed. Silver Spring, Maryland 20910; ADDRESSES: Interested persons should The Division is requesting comment telephone (301) 713–2024 x.205, fax submit their views and comments to on the proposals. The Division is (301) 713–2032, e-mail Jean A. Webb, Secretary, Commodity particularly interested in comments [email protected], or Bernard Futures Trading Commission, Three assessing the potential impact of the Crawford at telephone (301) 713–2024 Lafayette Centre, 1155 21st Street, NW., proposals on available deliverable x204, e-mail Washington, DC 20581. In addition, supplies for the live cattle futures [email protected]. comments may be sent by facsimile contract and the consequential effects Gregory W. Withee, transmission to (202) 418–5521 or by electronic mail to [email protected]. 1 At the buyer’s option, cattle may be graded on Assistant Administrator for Satellite and Reference should be made to ‘‘CME Live a live basis at the delivery stockyard, or on a carcass Information Services. Cattle Amendments.’’ basis at a CME-approved packaging plant located [FR Doc. 03–17808 Filed 7–14–03; 8:45 am] within the originating stockyard’s delivery region. FOR FURTHER INFORMATION CONTACT: 2 The Exchange intends to list the October 2004 BILLING CODE 3510–HR–P Please contact Martin G. Murray of the futures contract month on September 2, 2003.

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on the susceptibility of the futures comments to Jean A. Webb, Secretary, (cooperating agency) announced the contract to manipulation. Commodity Futures Trading availability of the Ground-Based The Division notes that the COOL Commission, Three Lafayette Centre, Midcourse Defense Extended Test Range provisions, which the USDA is charged 1155 21st Street, NW, Washington, DC Draft Environmental Impact Statement with implementing and enforcing, 20581 by the specified date. (DEIS) on February 7, 2003 (68 FR 26 require country of origin labeling by Issued in Washington, DC on July 9, 2003. 6420) providing notice that the DEIS specified large retailers of fresh beef was available for comment. The DEIS Michael Gorham, (muscle cuts and ground beef).3 The public review period was from February labeling must identify the country (or Director, Division of Market Oversight. 7, 2003 through April 15, 2003. Public countries) of origin in which the cattle [FR Doc. 03–17819 Filed 7–14–03; 8:45 am] hearings were held February 24 through was born, raised, and slaughtered. The BILLING CODE 6351–01–M March 6, 2003. Comments from the COOL provisions also define the criteria DEIS review and public hearings have for a covered commodity such as beef to been considered and included along be labeled as ‘‘U.S. Country of Origin.’’ DEPARTMENT OF DEFENSE with responses in the FEIS. To receive this label, beef must be The proposed action and alternatives derived exclusively from animals born, Office of the Secretary examined in the FEIS include raised, and slaughtered in the United development of the capability for single Notice of Availability of the Ground- States.4 The COOL provisions also and dual launches of interceptor and Based Midcourse Defense Extended require any person supplying beef to a target missiles at the Kodiak Launch Test Range Final Environmental retailer to provide information to the Complex (KLC) Alaska, RTS, and/or Impact Statement retailer indicating the country of origin Vandenberg AFB, with intercepts over of the cattle. The provisions further AGENCY: Missile Defense Agency, the Pacific Ocean. Development of these provide USDA with the authority to Department of Defense. capabilities would entail construction of require persons in the distribution chain ACTION: Notice of availability. two interceptor launchers, one to maintain a verifiable recordkeeping additional target launch pad and audit trail to verify compliance. The SUMMARY: This notice announces the construction/alteration of launch USDA must issue final regulations availability of the Missile Defense support facilities at KLC; target pad implementing the COOL provisions by Agency’s Ground-Based Midcourse modifications at RTS; modification of September 30, 2004, when the labeling Defense (GMD) Extended Test Range support facilities at Vandenberg AFB; requirement takes effect. Final Environmental Impact Statement construction of In-Flight Interceptor Copies of the Exchange’s proposed (FEIS), that analyzes the potential for Communication System (IFICS) Data amendments will be available for environmental impacts associated with Terminals and military and commercial inspection at the Office of the establishing an extended test range satellite communications in the mid- Secretariat, Commodity Futures Trading capability providing more realistic Pacific and at KLC or Vandenberg AFB; Commission, Three Lafayette Centre, operational flight testing capability in additional range instrumentation 1155 21st Street, NW, Washington, DC support of development of the GMD (tracking and range safety radars) in the 20581. Copies of the proposed element of the Ballistic Missile Defense vicinity of sites; and use of either amendments can also be obtained System (BMDS). The current capability existing Battle Management Command through the Office of the Secretariat by includes missile launch sites and array and Control (BMC2) facilities at RTS, or mail at the above address or by phone of sensors and other test equipment new BMC2 facilities that may be at (202) 418–5100. located at the Ronald Reagan Ballistic developed at Forth Greely, Alaska and/ Other materials submitted by the CME Missile Test Site (RTS) at Kwajalein or Shriever AFB, or Cheyenne Mountain in support of the request for approval Atoll, the Pacific Missile Range Facility Complex, Colorado, in the validation of may be available upon request pursuant (PMRF) in Hawaii, and Vandenberg Air the GMD operational concept effort. to the Freedom of Information Act (5 Force Base (AFB) in California. Additionally, the proposed action and U.S.C. 552) and the Commission’s A Record of Decision will be issued alternatives include the construction regulations there under (17 CFR Part no earlier than 30 days from the date and operation of a Sea-Based Test X- 145 (2000)), except to the extent they are this notice appears in the Federal Band Radar (SBX) that would operate in entitled to confidential treatment as set Register. the Pacific broad ocean area and would forth in 7 CFR 145.5 and 145.9 Requests DATES: Consideration will be given to all be home-based in either Alaska, for copies of such materials should be comments provided on or before August California, Washington, RTS, or Hawaii. made to the FOI, Privacy and Sunshine 14, 2003. Copies of the FEIS have been Act Compliance Staff of the Office of ADDRESSES: Requests for copies of the distributed to Federal, State, and local Secretariat at the Commission’s document or to provide comments on agencies; public officials; and headquarters in accordance with 17 CFR the FEIS should be addressed to: U.S. organizations and individuals that 145.7 and 145.8. Army Space and Missile Defense previously requested copies of the DEIS Any person interested in submitting Command, ATTN: SMDC–EN–V (Mrs. or FEIS. Copies of the FEIS will be written data, views, or arguments Julia Hudson-Elliott), P.O. Box 1500, available at the following public pertaining to the proposed amendments libraries: Huntsville, AL 35805, by e-mail at • or with respect to other materials [email protected], or by phone Anchorage Municipal Library, 3600 submitted by the CME should send such at 1–800–823–8823. Denali St., Anchorage, AK 99503 • Everett Library, 2702 Hoyt Ave., FOR FURTHER INFORMATION CONTACT: 3 The legislation also requires country of origin Everett, WA 98201 labeling for other specified commodities, including Please call Mr. Rick Lehner, MDA • Kodiak City Library, 319 Lower Mill pork, lamb, fish, shellfish, fresh and frozen fruits Director of Communications at (703) Bay Rd., Kodiak, AK 99615 and vegetables, and peanuts. 697–8997. • 4 Lompoc Public Library, 501 E. There is an exception for beef from cattle born SUPPLEMENTARY INFORMATION: The North Ave., Lompoc, CA 93436 and raised in Alaska or Hawaii and transported • through Canada for not longer than 60 days before Missile Defense Agency (MDA) and the Mountain View Branch Library, 150 slaughter in the United States. Federal Aviation Administration (FAA) S. Bragaw St., Anchorage, AK 99508

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• Oxnard Public Library, 251 S. A St., FOR FURTHER INFORMATION CONTACT: The this meeting will be closed to the Oxnard, CA 93030 DBB may be contacted at: Defense public. • Valdez City Library, 212 Fairbanks, Business Practice Implementation Dated: July 9, 2003. Valdez, AK 99686 Board, 1100 Defense Pentagon, Room • Hawaii State Library, Hawaii 2E314, Washington, DC 20301–1100, via Patricia L. Toppings, Documents Center, 478 South King St., E-mail at [email protected], or via Alternate OSD Federal Register Liaison Honolulu, HI 96813 phone at (703) 695–0505. Officer, Department of Defense. • [FR Doc. 03–17779 Filed 7–14–03; 8:45 am] University of Hawaii at Manoa, SUPPLEMENTARY INFORMATION: Members Hamilton Library, 2550 The Mall, of the public who wish to attend the BILLING CODE 5000–08–M Honolulu, HI 96822 meeting must contact the Defense • Hanapepe Public Library, 4490 Business Practices Implementation Kona Rd., Hanapepe, HI 96716 Board no later than Wednesday, July 23 DEPARTMENT OF DEFENSE • Kapaa Public Library, 1464 Kuhio for further information about admission Department of the Navy Highway, Kapaa, HI 96746 as seating is limited. Additionally, those • Koloa Public & School Library, 3451 who wish to make oral comments or Notice of Intent To Grant Exclusive Poipu Rd., Koloa, HI 96756 deliver written comments should also Patent License; Sensera, Inc. • Lihue Public Library, 4344 Hardy requested to be scheduled, and submit St., Lihue, HI 96766 a written text of the comments by AGENCY: Department of the Navy, DoD. • Princeville Public Library, 4343 Friday, July 18 to allow time for Emmalani Drive, Princeville, HI 96722 distribution to the Board members prior ACTION: Notice. • Waimea Public Library, 9750 to the meeting. Individual oral Kaumualii Highway, Waimea, HI 96796 comments will be limited to five SUMMARY: The Department of the Navy • Ray D. Prueter Library, 510 Park minutes, with the total oral comment hereby gives notice of its intent to grant Ave., Port Hueneme, CA 93041 period not exceeding thirty-minutes. to Sensera, Inc., a revocable, The library locations and the FEIS are Dated: July 8, 2003. nonassignable, exclusive license to also available on the MDA Internet site: Patricia L. Toppings, practice in the United States and certain www.acq.osd.mil/bmdo/bmdolink/html/ foreign countries, the Government- bmdolink.html Alternate OSD Federal Register Liaison Officer, Department of Defense. Owned inventions described in U.S. Dated: July 11, 2003. [FR Doc. 03–17778 Filed 7–14–03; 8:45 am] Patent No. 5,372,930 issued December Patricia L. Toppings, BILLING CODE 5001–08–M 13, 1994, entitled ‘‘Sensor for Ultra-Low Alternate OSD Federal Register Liaison Concentration Molecular Recognition’’, Officer, Department of Defense. Navy Case No. 73,568; U.S. Patent No. [FR Doc. 03–17956 Filed 7–11–03; 1:53 pm] DEPARTMENT OF DEFENSE 5,807,758 issued September 15, 1998, BILLING CODE 5001–08–P entitled ‘‘Chemical and Biological Office of the Secretary Sensor Using an Ultra-Sensitive Force Transducer’’, Navy Case No. 76,628; DEPARTMENT OF DEFENSE Meeting of the Defense Policy Board Advisory Committee U.S. Patent No. 6,180,418 issued January 30, 2001, entitled ‘‘Force Office of the Secretary AGENCY: Department of Defense. Discrimination Assay’’, Navy Case No. Defense Business Practice ACTION: Notice; change in meeting dates. 78,183; and U.S. Patent Application Implementation Board; Notice of Serial No. 09/614,727 filed July 12, Advisory Committee Meeting SUMMARY: The Defense Policy Board 2000, entitled ‘‘Nanoporous Membrane Advisory Committee announced a Immunosensor’’, Navy Case No. 80,068. AGENCY: Department of Defense. closed meeting in the Federal Register DATES: Anyone wishing to object to the ACTION: Notice. on Thursday, June 26, 2003 (68 FR 38103). The Committee as scheduled to granting of this license must file written SUMMARY: The Defense Business Practice meet at the Pentagon on July 14, 2003 objections along with supporting Implementation Board (DBB) will meet from 0900 to 2100 and July 15, 2003 evidence, if any, not later than July 30, in open session on July 30, 2003. The from 0900 to 1200. The Committee will 2003. mission of the DBB is to advise the not meet at the Pentagon on July 28, ADDRESSES: Written objections are to be Senior Executive Council (SEC) and the 2003 from 0900 to 2100 and July 29, Secretary of Defense on effective filed with the Naval Research 2003 from 0900 to 1700. Laboratory, Code 1004, 4555 Overlook strategies for implementation of best The purpose of the meeting is to business practices of interest to the Avenue, SW., Washington, DC 20375– provide the Secretary of Defense, 5320. Department of Defense. At this meeting, Deputy Secretary of Defense and Under the Board’s Acquisition, Human Secretary of Defense for Policy with FOR FURTHER INFORMATION CONTACT: Resources, Financial Management, and independent, informed advice or major Catherine M. Cotell, Ph.D., Head, General Management related task groups matters of defense policy. The Board Technology Transfer Office, NRL Code will deliberate on their findings and will hold classified discussions on 1004, 4555 Overlook Avenue, SW., proposed recommendations related to national security matters. tasks assigned earlier this year. Washington, DC 20375–5320, telephone In accordance with section 10(d) of (202) 767–7230. Additional task groups may deliberate the Federal Advisory Committee Act, Due to U.S. Postal delays, please fax on proposed recommendations. Public Law No. 92–463, as amended [5 DATES: Wednesday, July 30, 2003, 0830 U.S.C. App II (1982)], it has been (202) 404–7920, E-Mail: to 1030 hrs. determined that this meeting concerns [email protected] or use courier ADDRESSES: The Pentagon, Washington, matters listed in 5 U.S.C. delivery to expedite response. DC. 552B(c)(1)(1982), and that accordingly (Authority: 35 U.S.C. 207, 37 CFR part 404.)

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Dated: July 9, 2003. Dated: July 9, 2003. Relay Service (FIRS) at 1–800–877– E.F. McDonnell, Angela C. Arrington, 8339. Major, U.S. Marine Corps, Federal Register Leader, Regulatory Information Management [FR Doc. 03–17803 Filed 7–14–03; 8:45 am] Liaison Officer. Group, Office of the Chief Information Officer. BILLING CODE 4000–01–P [FR Doc. 03–17809 Filed 7–14–03; 8:45 am] Office of Postsecondary Education BILLING CODE 3810–FF–P Type of Review: Reinstatement. DEPARTMENT OF EDUCATION Title: Application for Grants Under Notice of Proposed Information DEPARTMENT OF EDUCATION the Developing Hispanic-Serving Institutions Program. Collection Requests Submission for OMB Review; Frequency: Annually. AGENCY: Department of Education. Comment Request Affected Public: Not-for-profit SUMMARY: The Acting Leader, Regulatory Information Management AGENCY: Department of Education. institutions; State, local or Tribal Gov’t, SEAs or LEAs. Group, Office of the Chief Information SUMMARY: The Leader, Regulatory Officer, invites comments on the Information Management Group, Office Reporting and Recordkeeping Hour Burden: proposed information collection of the Chief Information Officer invites requests as required by the Paperwork comments on the submission for OMB Responses: 70. Reduction Act of 1995. review as required by the Paperwork Burden Hours: 5,600. DATES: Interested persons are invited to Reduction Act of 1995. Abstract: This information is required submit comments on or before DATES: Interested persons are invited to of institutions of higher education September 15, 2003. submit comments on or before August designated eligible to apply for grants as SUPPLEMENTARY INFORMATION: Section 14, 2003. Hispanic-Serving Institutions under 3506 of the Paperwork Reduction Act of ADDRESSES: Written comments should Title V, Part A of the Higher Education 1995 (44 U.S.C. Chapter 35) requires be addressed to the Office of Act of 1965, as amended. This that the Office of Management and Information and Regulatory Affairs, information will be used in the Budget (OMB) provide interested Attention: Lauren Wittenberg, Desk evaluation process to determine Federal agencies and the public an early Officer, Department of Education, Office whether proposed activities are opportunity to comment on information of Management and Budget, 725 17th consistent with legislated activities and collection requests. OMB may amend or Street NW., Room 10235, New to determine the dollar share of the waive the requirement for public Executive Office Building, Washington, Congressional appropriation to be consultation to the extent that public DC 20503 or should be electronically awarded to successful applicants. participation in the approval process mailed to the internet address This collection is being submitted would defeat the purpose of the [email protected]. under the Streamlined Clearance information collection, violate State or SUPPLEMENTARY INFORMATION: Section Process for Discretionary Grant Federal law, or substantially interfere 3506 of the Paperwork Reduction Act of Information Collections (1890–0001). with any agency’s ability to perform its 1995 (44 U.S.C. Chapter 35) requires Therefore, the 30-day public comment statutory obligations. The Acting that the Office of Management and period notice will be the only public Leader, Regulatory Information Budget (OMB) provide interested comment notice published for this Management Group, Office of the Chief Federal agencies and the public an early information collection. Information Officer, publishes that opportunity to comment on information Requests for copies of the submission notice containing proposed information collection requests. OMB may amend or for OMB review; comment request may collection requests prior to submission waive the requirement for public be accessed from http:// of these requests to OMB. Each consultation to the extent that public edicsweb.ed.gov, by selecting the proposed information collection, participation in the approval process ‘‘Browse Pending Collections’’ link and grouped by office, contains the would defeat the purpose of the by clicking on link number 2307. When following: (1) Type of review requested, information collection, violate State or you access the information collection, e.g. new, revision, extension, existing or Federal law, or substantially interfere click on ‘‘Download Attachments’’ to reinstatement; (2) Title; (3) Summary of with any agency’s ability to perform its view. Written requests for information the collection; (4) Description of the statutory obligations. The Leader, should be addressed to Vivian Reese, need for, and proposed use of, the Regulatory Information Management Department of Education, 400 Maryland information; (5) Respondents and Group, Office of the Chief Information Avenue, SW., Room 4050, Regional frequency of collection; and (6) Officer, publishes that notice containing Office Building 3, Washington, DC Reporting and/or Recordkeeping proposed information collection 20202–4651 or to the e-mail address burden. OMB invites public comment. requests prior to submission of these [email protected]. Requests may also The Department of Education is requests to OMB. Each proposed be electronically mailed to the internet especially interested in public comment information collection, grouped by address [email protected] or faxed to addressing the following issues: (1) is office, contains the following: (1) Type 202–708–9346. Please specify the this collection necessary to the proper of review requested, e.g. new, revision, complete title of the information functions of the Department; (2) will extension, existing or reinstatement; (2) collection when making your request. this information be processed and used Title; (3) Summary of the collection; (4) Comments regarding burden and/or in a timely manner; (3) is the estimate Description of the need for, and the collection activity requirements of burden accurate; (4) how might the proposed use of, the information; (5) should be directed to Joseph Schubart at Department enhance the quality, utility, Respondents and frequency of his e-mail address [email protected]. and clarity of the information to be collection; and (6) Reporting and/or Individuals who use a collected; and (5) how might the Recordkeeping burden. OMB invites telecommunications device for the deaf Department minimize the burden of this public comment. (TDD) may call the Federal Information collection on the respondents, including

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through the use of information ACTION: Notice of open meeting and SUPPLEMENTARY INFORMATION: The technology. partially closed meetings. National Assessment Governing Board Dated: July 10, 2003. is established under section 412 of the SUMMARY: The notice sets forth the National Education Statistics Act of Joseph Schubart, schedule and proposed agenda of a 1994, as amended. Acting Leader, Regulatory Information forthcoming meeting of the National The Board is established to formulate Management Group, Office of the Chief Assessment Governing Board. This policy guidelines for the National Information Officer. notice also describes the functions of Assessment of Educational Progress Office of the Chief Information Officer the Board. Notice of this meeting is (NAEP). The Board’s responsibilities Type of Review: Extension. required under section 10(a)(2) of the include selecting subject areas to be Title: Master Plan for Customer Federal Advisory Committee Act. This assessed, developing assessment Surveys and Focus Groups. document is intended to notify members objectives, developing appropriate Frequency: One time. of the general public of their student achievement levels for each Affected Public: Individuals or opportunity to attend. Individuals who grade and subject tested, developing households; Businesses or other for- will need special accommodations in guidelines for reporting and profit; Not-for-profit institutions; State, order to attend the meeting (i.e.; disseminating results, and developing local or Tribal Gov’t, SEAs or LEAs. interpreting services, assistive listening standards and procedures for interstate Reporting and Recordkeeping Hour devices, materials in alternative format) and national comparisons. Burden: should notify Munira Mwalimu at 202– On July 31, the Assessment Responses: 100,000. 357–6938 or at Development Committee will meet in Burden Hours: 50,600. [email protected] no later than closed session from 12 p.m. to 3 p.m. to Abstract: Customer satisfaction July 25, 2003. We will attempt to meet review secure test items for the National surveys and focus group discussions requests after this date, but cannot Assessment of Educational Progress will be conducted by the Principal guarantee availability of the requested (NAEP) 2005 Science Assessment. The Offices of the Department of Education accommodation. The meeting site is meeting must be conducted in closed to measure customer satisfaction and accessible to individuals with session as disclosure of proposed test establish and improve customer service disabilities. items from the 2005 NAEP Science standards as required by Executive Assessment would significantly impede DATES: July 31–August 2, 2003. Order 12862. implementation of the NAEP program, Requests for copies of the proposed Times: and is therefore protected by exemption information collection request may be July 31: 9(B) of section 552b(c) of Title 5 U.S.C. accessed from http://edicsweb.ed.gov, Committee Meetings: The Executive Committee will meet in by selecting the ‘‘Browse Pending Assessment Development Committee: open session on July 31, from 5 p.m. to Collections’’ link and by clicking on Closed Session—12 p.m. to 3 p.m.; 6 p.m. The committee will then meet in link number 2308. When you access the Ad Hoc Committee on Background closed session from 6 p.m. to 7 p.m. for information collection, click on Questions: Open Session—3:30 p.m. two purposes. First, the committee will ‘‘Download Attachments’’ to view. to 5 p.m.; discuss independent government cost Written requests for information should Executive Committee: Open Session—5 estimates for contracts related to the be addressed to Vivian Reese, p.m. to 6 p.m.; Closed Session 6 p.m. National Assessment of Educational Department of Education, 400 Maryland to 7 p.m. Progress (NAEP). This part of the Avenue SW., Room 4050, Regional August 1: meeting must be conducted in closed Office Building 3, Washington, DC Full Board: Open Session—8:30 a.m. to session because public disclosure of this 20202–4651 or to the e-mail address 10 a.m. information would likely have an [email protected]. Requests may also Committee Meetings: adverse financial effect on the NAEP be electronically mailed to the Internet Assessment Development Committee: program. The discussion of this address [email protected] or faxed to Closed Session—10 a.m. to 10:30 a.m.; information would be likely to 202–708–9346. Please specify the Open Session—10:30 a.m. to 12 p.m.; significantly impeded implementation complete title of the information Committee on Standards, Design and of a proposed agency action if collection when making your request. Methodology: Open Session—10 a.m. conducted in open session. Such Comments regarding burden and/or to 12 p.m.; matters are protected by exemption 9(B) the collection activity requirements Reporting and Dissemination of section 552b(c) of Title 5 U.S.C. Second, in the closed session, the should be directed to Kathy Axt at her Committee: Open Session—10 a.m. to Executive Committee will discuss a e-mail address [email protected]. 12 p.m.; personnel action pertaining to Individuals who use a Full Board: Closed Session—12 p.m. to nomination of the Board Vice Chair. telecommunications device for the deaf 1:30 p.m.; Open Session—1:30 p.m. to This discussion pertains solely to (TDD) may call the Federal Information 4:15 p.m. Relay Service (FIRS) at 1–800–877– internal personnel rules and practices of August 2: 8339. an agency and will disclose information Full Board: Open Session—8:30 a.m. to of a personal nature where disclosure [FR Doc. 03–17853 Filed 7–14–03; 8:45 am] 12 p.m. would constitute an unwarranted BILLING CODE 4000–01–P Location: Ritz-Carlton Pentagon City, invasion of personal privacy. As such, 1250 South Hayes Street, Arlington, the discussions are protected by VA 22202. exemptions 2 and 6 of section 552b(c) DEPARTMENT OF EDUCATION FOR FURTHER INFORMATION CONTACT: of Title 5 U.S.C. National Assessment Governing Munira Mwalimu, Operations Officer, On August 1, the full Board will meet Board; Meeting National Assessment Governing Board, in open session from 8:30 a.m. to 10 800 North Capitol Street, NW., Suite a.m. The Board will approve the agenda, AGENCY: National Assessment 825, Washington, D.C., 20002–4233, hear the executive Director’s report. and Governing Board; Education. Telephone: (202) 357–6938. receive an update on the work of the

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National Center for Education Statistics Detailed minutes of the meeting, 2. Lowell Cogeneration Company, (NCES) from the Associate including summaries of the activities of Limited Partnership Commissioner of NCES, Val Plisko. the closed sessions and related matters [Docket No. ER97–2414–005] From 10 a.m. to 12 p.m. on August 1, that are informative to the public and Take notice that on July 1, 2003, the Board’s standing committees—the consistent with the policy of section 5 Lowell Cogeneration Company Limited Assessment Development Committee; U.S.C. 552b(c) will be available to the Partnership (LCCLP) tendered for filing the Committee on Standards, Design, public within 14 days of the meeting. its triennial market power analyses. and Methodology; and the Reporting Records are kept of all Board Comment Date: July 22, 2003. and Dissemination Committee—will proceedings and are available for public meet in open session, with one inspection at the U.S. Department of 3. ISO New England Inc. exception. The Assessment Education, National Assessment [Docket No. ER02–2153–004] Development Committee will meet in Governing Board, Suite #825, 800 North Take notice that on July 1, 2003, ISO closed session on August 1 from 10 a.m. Capitol Street, NW., Washington, DC, New England Inc. submitted a to 10:30 a.m. to receive a briefing on the from 9 a.m. to 5 p.m. Eastern Standard compliance report in this proceeding. 2002 NAEP Oral Reading Grade Four Time. ISO New England Inc., states that Special Study results. The meeting must Dated: July 10, 2003. copies of said filing have been served be conducted in closed session because upon all parties to this proceeding and results of the Oral Reading Study have Charles E. Smith, Executive Director, National Assessment the New England utility regulatory not been released to the public; agencies, and electronically upon the premature disclosure of the information Governing Board. [FR Doc. 03–17868 Filed 7–14–03; 8:45 am] New England Power Pool participants. would significantly frustrate Comment Date: July 22, 2003. implementation of a proposed agency BILLING CODE 4000–01–M action if conducted in open session. 4. Illinova Energy Partners, Inc. Such matters are protected by [Docket No. ER03–1000–000] exemption 9(B) of section 552b(c) of Take notice that on June 27, 2003, Title 5 U.S.C. DEPARTMENT OF ENERGY Illinovia Energy Partners, Inc., (IEP) The full Board will meet in closed pursuant to Commission’s Regulations, session on August 1, 2003 from 12 p.m. Federal Energy Regulatory Commission 18 CFR 35.15, submitted a Notice of to 1:30 p.m. to receive results of the Cancellation of IEP’s Market-Based 2003 NAEP Reading and Mathematics FERC Electric Rate Tariff and all rate Assessments. This session must be [Docket No. ER97–1523–078, et al.] schedules and/or service agreements closed because the results of the thereunder effective June 30, 2003. Reading and Mathematics Assessments New England Independent System Comment Date: July 18, 2003. are under development and have not Operator, Inc. et al.; Electric Rate and been released to the public Premature Corporate Filings 5. PacifiCorp disclosure of the information would [Docket No. ER03–1005–000] July 8, 2003. significantly frustrate implementation of Take Notice that on June 30, 2003, a proposed agency action if conducted The following filings have been made PacifiCorp tendered for filing in open session. Such matters are with the Commission. The filings are Amendatory Agreement No. 1 protected by exemption 9(B) of section listed in ascending order within each (Amendatory Agreement No. 1) to the 552b(c) of Title 5 U.S.C. docket classification. 1997 Pacific Northwest Coordination The full Board will meet in open 1. New York Independent System Agreement (the 1997 PNCA). session on August 1 from 1:30 p.m.–4:15 Operator, Inc. PacifiCorp states that Amendatory p.m. The Board will receive an update Agreement No. 1 amends the 1997 on the 2007 Reading Framework Project [Docket Nos. ER97–1523–078, OA97–470– PNCA. PacifiCorp also states that a copy at 1:30 p.m. followed by a presentation 070, and ER97–4234–068] of the filing was served upon the parties by former Vice Board Chair Michael Take notice that on July 2, 2003, the to the 1997 PNCA. Nettles from 2:45 p.m. to 3:35 p.m. This New York Independent System Comment Date: July 21, 2003. presentation will be followed by a Operator, Inc. (NYISO) filed a 6. SmartEnergy, Inc. report from the Ad Hoc Committee on compliance report describing the steps State Sampling, after which the August it intends to take to ensure that [Docket No. ER03–1006–000] 1 session of the board meeting will Thunderstorm Alert-related costs are Take notice that on June 30, 2003, adjourn. directly assigned to load serving entities SmartEnergy, Inc., (SmartEnergy) The full Board will meet in open in the New York City area. tendered for filing a Notice of session from 8:30 a.m. to 12 p.m. on Cancellation of FERC Rate Schedule No. August 2. The Board will review video The NYISO states that copies of this 1. SmartEnergy states that it has made clips on recent NAEP releases from 8:30 filing have been mailed to all parties a decision to cease energy operations. a.m. to 9 a.m., followed by a report on listed on the official service lists in Comment Date: July 21, 2003. NAEP Special Studies/Technology Docket Nos. ER97–1523–076, OA97– 7. Midwest Energy, Inc. Based Assessments from 9 a.m. to 9:30 470–068, and ER97–4234–066 and to all a.m. The Board will then receive an market participants that have executed [Docket No. ER03–1007–000] update on the work of the NAEP 12th Service Agreements under the NYISO’s Take notice that on June 30, 2003, Grade Commission from 9:30 a.m. to 10 Open-Access Transmission Tariff or its Midwest Energy, Inc. (Midwest) a.m. Board actions on policies and Market Administration and Control submitted for filing an Electric Committee reports are scheduled to take Area Services Tariff, and to the electric Interconnection Contract (Contract) place between 10 a.m. and 12 p.m., utility regulatory agencies in New York, between Midwest and Centel when the August 2, 2003 session of the New Jersey, and Pennsylvania. Corporation, now known as Aquila board meeting will adjourn. Comment Date: July 23, 2003. Networks-WPK (Aquila) along with an

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Amendment No. 1 which provides for SCE’s FERC Electric Tariff, First Revised or before the comment date, and, to the the addition of one point of Volume No. 6. SCE respectfully requests extent applicable, must be served on the interconnection. an effective date of June 30, 2003. applicant and on any other person Midwest states that a copy of this SCE states that the Revised Sheets to designated on the official service list. filing was served upon the Kansas these agreements reflect an extension of This filing is available for review at the Corporation Commission and Aquila. their terms and conditions to provide Commission or may be viewed on the Comment Date: July 21, 2003. interconnection service to Harbor’s 110 Commission’s Web site at http:// MW generating facility through August www.ferc.gov , using the ‘‘FERRIS’’ link. 8. Midwest Energy, Inc. 31, 2003. SCE also states that copies of Enter the docket number excluding the [Docket No. ER03–1008–000] this filing were served upon the Public last three digits in the docket number Take notice that on June 30, 2003, Utilities Commission of the State of field to access the document. For Midwest Energy, Inc. (Midwest) California and Harbor. assistance, contact FERC Online submitted for filing an Electric Comment Date: July 22, 2003. Support at Interconnection Contract (Contract) 12. RAM Energy Products, L.L.C. [email protected] or toll- between Central Kansas Power free at (866) 208–3676, or for TTY, Company, Inc., now known as Midwest [Docket No. ER03–1012–000] contact (202) 502–8659. Protests and Energy, Inc. and Westar Energy Take notice that on July 1, 2003, RAM interventions may be filed electronically (Westar). This Interconnection Contract Energy Products, L.L.C. submitted for via the Internet in lieu of paper; see 18 was previously filed by Westar Energy filing, pursuant to Section 205 of the CFR 385.2001(a)(1)(iii) and the and designated as FPC No. 123 as Federal Power Act, and part 35 of the instructions on the Commission’s Web revised and amended. Commission’s regulations, an site under the ‘‘e-Filing’’ link. The Midwest states that a copy of this application for authorization to make Commission strongly encourages filing was served upon the Kansas sales, as a power marketer, of capacity, electronic filings. Corporation Commission and Westar. energy, and certain Ancillary Services at Magalie R. Salas, Comment Date: July 21, 2003. market-based rates; to reassign transmission capacity; and to resell firm Secretary. 9. American Transmission Systems, transmission rights. [FR Doc. 03–17848 Filed 7–14–03; 8:45 am] Inc. Comment Date: July 22, 2003. BILLING CODE 6717–01–P [Docket No. ER03–1009–000] 13. New England Power Pool Take notice that on June 30, 2003, [Docket No. ER03–1014–000] American Transmission Systems, Inc. ENVIRONMENTAL PROTECTION Take notice that on July 1, 2003, the (ATSI) tendered for filing its Service AGENCY New England Power Pool (NEPOOL) Agreement No. 337, an executed Participants Committee filed for [OPP–2002–0296; FRL–7318–4] Network Integration Transmission acceptance materials to permit NEPOOL Service Agreement with Buckeye Power, to expand its membership to include El Pesticides; Data Submitter Rights for Inc. (Buckeye) under ATSI’s Open Cap II, LLC (El Cap), Split Rock Energy, Data Submitted in Support of Access Transmission Tariff, FERC LLC (Split Rock), and New Hampshire Tolerance Actions; Notice of Electric Tariff, Second Revised Volume Industries, Inc., (NHI). The Participants Availability; Extension of Comment No. 1. ATSI requests that the agreement Committee requests an effective date of Period be placed in effect on July 1, 2003. July 1, 2003, for the commencement of ATSI states that copies of the filing AGENCY: Evironmental Protection participation in NEPOOL by El Cap and were served upon Buckeye and the Agency (EPA). Split Rock, and September 1, 2003 for Public Utilities Commission of Ohio. ACTION: Notice; extension of comment the commencement of participation in Comment Date: July 21, 2003. period. NEPOOL as a Governance Only Member 10. NEO California Power LLC by NHI. SUMMARY: On April 17, 2003, EPA The Participants Committee states [Docket No. ER03–1010–000] announced the availability for comment that copies of these materials were sent Take notice that on July 1, 2003, NEO on a proposal discussing a program to to the New England state governors and enable the Agency to appropriately California Power LLC (NEO California) regulatory commissions and the filed with the Federal Energy Regulatory implement the new provisions Participants in NEPOOL. contained in section 408(i) of the Commission a Must-Run Service Comment Date: July 22, 2003. Agreement dated June 30, 2003 with the Federal Food, Drug, and Cosmetic Act California Independent System Operator Standard Paragraph (FFDCA) to address exclusive use and Corporation. Any person desiring to intervene or to compensation rights for data submitted Comment Date: July 22, 2003. protest this filing should file with the to EPA in support of tolerance and Federal Energy Regulatory Commission, tolerance exemption actions. The 11. Southern California Edison Agency received a request to extend the Company 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 comment period and this notice [Docket No. ER03–1011–000] and 214 of the Commission’s Rules of announces the extension of the Take notice that on July 1, 2003, Practice and Procedure (18 CFR 385.211 comment period for 60 days. Southern California Edison Company and 385.214). Protests will be DATES: Comments, identified by the (SCE) tendered for filing revised rate considered by the Commission in docket ID number OPP–2002–0296, sheets (Revised Sheets) to the determining the appropriate action to be must be received on or before Agreement For Interconnection Service taken, but will not serve to make September 16, 2003. and the Interconnection Facilities protestants parties to the proceeding. ADDRESSES: Comments may be Agreement between SCE and Harbor Any person wishing to become a party submitted electronically, by mail, or Cogeneration Company (Harbor), must file a motion to intervene. All such through hand delivery/courier. Follow Service Agreement Nos. 2 and 9 under motions or protests should be filed on the detailed instructions as provided in

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Unit I. of the SUPPLEMENTARY collection of materials that is available will not edit your comment, and any INFORMATION. for public viewing at the Public identifying or contact information FOR FURTHER INFORMATION CONTACT: Information and Records Integrity provided in the body of a comment will Cameo G. Smoot, Field and External Branch (PIRIB), Rm. 119, Crystal Mall be included as part of the comment that Affairs Division (7506C), Office of #2, 1921 Jefferson Davis Hwy., is placed in the official public docket, Pesticide Programs, Environmental Arlington, VA. This docket facility is and made available in EPA’s electronic Protection Agency, 1200 Pennsylvania open from 8:30 a.m. to 4 p.m., Monday public docket. If EPA cannot read your Ave., NW., Washington, DC 20460– through Friday, excluding legal comment due to technical difficulties 0001; telephone number: (703) 305– holidays. The docket telephone number and cannot contact you for clarification, 5454; fax number: (703) 308–5884; e- is (703) 305–5805. EPA may not be able to consider your mail address: [email protected]. 2. Electronic access. You may access comment. this Federal Register document SUPPLEMENTARY INFORMATION: i. EPA Dockets. Your use of EPA’s electronically through the EPA Internet electronic public docket to submit I. General Information under the ‘‘Federal Register’’ listings at comments to EPA electronically is http://www.epa.gov/fedrgstr/. A. Does This Action Apply to Me? EPA’s preferred method for receiving An electronic version of the public comments. Go directly to EPA Dockets You may be potentially affected by docket is available through EPA’s at http://www.epa.gov/edocket/, and this action if you submit data to EPA in electronic public docket and comment follow the online instructions for support of establishing, maintaining or system, EPA dockets. You may use EPA submitting comments. Once in the exempting tolerances for pesticides dockets at http://www.epa.gov/edocket/ system, select ‘‘search,’’ and then key in under the FFDCA, or are a pesticide to submit or view public comments, docket ID number OPP–2002–0296. The registrant or a person applying for access the index listing of the contents system is an ‘‘anonymous access’’ pesticide registration under the Federal of the official public docket, and to system, which means EPA will not Insecticide, Fungicide, and Rodenticide access those documents in the public know your identity, e-mail address, or Act (FIFRA). Potentially affected entities docket that are available electronically. other contact information unless you may include, but are not limited to: Although, not all docket materials may provide it in the body of your comment. • Pesticide manufacturing (NAICS be available electronically, you may still ii. E-mail. Comments may be sent by code 32532) e.g., individuals or entities access any of the publicly available e-mail to [email protected], engaged in activities related to the docket materials through the docket Attention: Docket ID number OPP– registration of a pesticide product. facility identified in Unit I.B.1. Once in 2002–0296. In contrast to EPA’s This listing is not intended to be the system, select ‘‘search,’’ then key in electronic public docket, EPA’s e-mail exhaustive, but rather provides a guide the appropriate docket ID number. for readers regarding entities likely to be system is not an ‘‘anonymous access’’ affected by this action. Other types of C. How and To Whom Do I Submit system. If you send an e-mail comment entities not listed in this unit could also Comments? directly to the docket without going be affected. The North American You may submit comments through EPA’s electronic public docket, Industrial Classification System electronically, by mail, or through hand EPA’s e-mail system automatically (NAICS) codes have been provided to delivery/courier. To ensure proper captures your e-mail address. E-mail assist you and others in determining receipt by EPA, identify the appropriate addresses that are automatically whether this action might apply to docket ID number in the subject line on captured by EPA’s e-mail system are certain entities. To determine whether the first page of your comment. Please included as part of the comment that is you or your business may be affected by ensure that your comments are placed in the official public docket, and this action, you should carefully submitted within the specified comment made available in EPA’s electronic examine the applicability provisions in period. Comments received after the public docket. 40 CFR part 152 Pesticide Registration close of the comment period will be iii. Disk or CD ROM. You may submit and Classification Procedures and marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that section 408(i) of the FFDCA. If you have consider these late comments. If you you mail to the mailing address any questions regarding the wish to submit CBI or information that identified in Unit I.C.2. These electronic applicability of this action to a is otherwise protected by statute, please submissions will be accepted in particular entity, consult the person follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid listed under FOR FURTHER INFORMATION not use EPA dockets or e-mail to submit the use of special characters and any CONTACT. CBI or information protected by statute. form of encryption. 1. Electronically. If you submit an 2. By mail. Send your comments to: B. How Can I Get Copies of This electronic comment as prescribed in this Public Information and Records Document and Other Related unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office Information? your name, mailing address, and an e- of Pesticide Programs (OPP), 1. Docket. EPA has established an mail address or other contact Environmental Protection Agency, 1200 official public docket for this action information in the body of your Pennsylvania Ave., NW., Washington, under docket ID number OPP–2002– comment. Also, include this contact DC 20460–0001, Attention: Docket ID 0296. The official public docket consists information on the outside of any disk number OPP–2002–0296. of the documents specifically referenced or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver in this action, any public comments cover letter accompanying the disk or your comments to: Public Information received, and other information related CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), to this action. Although, a part of the identified as the submitter of the Office of Pesticide Programs (OPP), official docket, the public docket does comment and allows EPA to contact you Environmental Protection Agency, Rm. not include Confidential Business in case EPA cannot read your comment 119, Crystal Mall #2, 1921 Jefferson Information (CBI) or other information due to technical difficulties, or needs Davis Hwy., Arlington, VA, Attention: whose disclosure is restricted by statute. further information on the substance of Docket ID number OPP–2002–0296. The official public docket is the your comment. EPA’s policy is that EPA Such deliveries are only accepted

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during the docket’s normal hours of Dated: July 7, 2003. all licenses and pending applications in operation as identified in Unit I.A.1. Jim Jones, the Instructional Television Fixed Director, Office of Pesticide Programs. Service (ITFS), the Multipoint D. How Should I Submit CBI to the Distribution Service (MDS), and the Agency? [FR Doc. 03–17901 Filed 7–14–03; 8:45 am] Multichannel Multipoint Distribution Do not submit information that you BILLING CODE 6560–50–S Service (MMDS). The Public Notice consider to be CBI electronically referenced six different tables of through EPA’s electronic public docket licensing information. Specifically, or by e-mail. You may claim FEDERAL COMMUNICATIONS Table E listed all pending applications for ITFS and Table F listed all pending information that you submit to EPA as COMMISSION applications for MDS and MMDS. CBI by marking any part or all of that [DA 03–2057] Tables E and F contained the following information as CBI (if you submit CBI information for each pending on disk or CD ROM, mark the outside ITFS, MDS, and MMDS Pending application: licensee name, file number, of the disk or CD ROM as CBI and then Applications application purpose, call sign, facility identify electronically within the disk or AGENCY: Federal Communications ID, transmitter city/state, BTA and CD ROM the specific information that is channel. The WTB required that all CBI). Information so marked will not be Commission. ACTION: Notice. ITFS, MDS and MMDS licensees and disclosed, except in accordance with applicants review and verify the procedures set forth in 40 CFR part 2. SUMMARY: In this document, the Federal information contained in these tables. In addition to one complete version of Communications Commission’s (FCC’s) For pending applications filed prior to the comment that includes any Public Safety and Private Wireless March 25, 2002, the WTB required that information claimed as CBI, a copy of Division of the Wireless the applicant respond in writing by the comment that does not contain the Telecommunications Bureau dismisses December 18, 2002 if continued information claimed as CBI must be applications where the applicants did processing was desired. The time for submitted for inclusion in the public not respond to an October 18, 2002 licensees and applicants in these docket and EPA’s electronic public public notice requiring applicants to services to respond to the October docket. If you submit the copy that does affirm their interest in those Public Notice was extended to February not contain CBI on disk or CD ROM, applications. The public notice also 3, 2003. This deadline was further mark the outside of the disk or CD ROM dismisses legal matters relating to extended to February 21, 2003. clearly that it does not contain CBI. applications that are being dismissed in 2. Appendix A to this Public Notice Information not marked as CBI will be the public notice. contains a list of those pending ITFS applications with a filing date prior to included in the public docket and EPA’s FOR FURTHER INFORMATION CONTACT: For electronic public docket without prior questions relating to legal matters March 25, 2002 where the applicant/ licensee has not responded to the notice. If you have any questions about dismissed as a result of this public October Public Notice. Appendix B to CBI or the procedures for claiming CBI, notice, please contact John J. Schauble, this Public Notice contains a list of please consult the person listed under Chief, Policy and Rules Branch, Public those pending MDS and MMDS FOR FURTHER INFORMATION CONTACT. Safety and Private Wireless Division at applications for with a filing date prior 202–418–0797. For all other questions II. What Action Is EPA Taking? to March 25, 2002 where the applicant/ relating to this Public Notice, contact licensee has not responded to the Mary Shultz, Branch Chief, or Ruth This document extends the public October Public Notice. In the October Taylor, Chief, Microwave Section, comment period established in the Public Notice, WTB indicated, ‘‘For any Licensing and Technical Analysis Federal Register issued on April 17, applications for which written 2003 (68 FR 18977) (FRL–7279–9). In Branch at 717–338–2646. affirmations requesting further that document, EPA sought comment on SUPPLEMENTARY INFORMATION: This is a processing have not been received, a proposal for implementing a data summary of the FCC’s Public Notice, DA those applications will be dismissed compensation program under FFDCA. 03–2057, released on June 20, 2003. The without prejudice.’’ Accordingly, it is EPA is hereby extending the comment full text of this document is available for ordered, pursuant to section 4(i) of the period, which was set to end on July 16, inspection and copying during normal Communications Act of 1934, as 2003, to September 16, 2003. business hours in the FCC Reference amended, 47 U.S.C. 154(i) and Center, 445 12th Street, SW., §§ 21.28(d) and 73.3568(a)(1) of the III. What Is the Agency’s Authority for Washington, DC 20554. The complete Taking This Action? Commission’s Rules, 47 CFR 21.28(d), text may be purchased from the FCC’s 73.3568(a)(1), the applications listed in As part of the Food Quality Protection copy contractor, Qualex International, Appendix A and Appendix B to this Act of (FQPA) 1996, Congress amended 445 12th Street SW., Room CY–B402, Public Notice are hereby dismissed the FFDCA to address exclusive use and Washington, DC 20554. The full text without prejudice. compensation rights for data submitted may also be downloaded at: http:// 3. In addition, as a result of the to EPA in support of tolerance and www.fcc.gov. Alternative formats are dismissal of the applications listed in tolerance exemption actions, and to available to persons with disabilities by Appendices A and B, certain legal amend treatment of confidential contacting Brian Millin at (202) 418– matters are now moot. Those legal information under the statute. This 7426 or TTY (202) 418–7365 or at matters consist of petitions to deny or proposal addresses the implementation [email protected]. petitions for reconsideration filed with of the statutory requirement. 1. On October 18, 2002, the Wireless respect to those applications, or Telecommunications Bureau (WTB) complaints filed with respect to licenses Lists of Subjects released a Public Notice (October Public that have now expired or been forfeited Notice), 67 FR 69010, November 14, because of the dismissal of renewal Environmental protection, Pesticides, 2002, in which it sought to ensure that applications for those licenses. Since Tolerance, and Data compensation. it had a complete and accurate listing of the underlying applications have now

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been dismissed, there is no need to Commission’s rules, 47 CFR 21.28(d), Federal Communications Commission. address the related legal matters. 73.3568(a)(1), the pending legal matters D’wana R. Terry, Accordingly, it is ordered, pursuant to listed in Appendix C to this Public Chief, Public Safety and Private Wireless section 4(i) of the Communications Act Notice are hereby dismissed with Division, Wireless Telecommunications of 1934, as amended, 47 U.S.C. 154(i) prejudice. Bureau. and §§ 21.28(d) and 73.3568(a)(1) of the

ITFS APPLICATIONS BEING DISMISSED

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

AGAPE CHRIST SCHOOL OF BPIF–19920228DF ...... P ...... NEW ...... 606 MALDEN, MO ...... GG NEW COVENANT. ALAMOGORDO PUBLIC BPIF–19951017AD ...... P ...... NEW ...... 79457 ALAMOGORD, ...... AG SCHOOL. NM. ALAMOGORDO PUBLIC BPIF–19951017AE ...... P ...... NEW ...... 79465 DEMING, NM ...... CG SCHOOL. ALBA HIGH ...... BMPIF–19950914KV ...... MP .... WNC634 ...... 826 BUCKS, AL ...... AG ALBION COMMUNITY DEVEL- BALIF–20010214AAE ...... AL ..... WLX584 ...... 875 BUFFALO, NY ...... A1 A2 OPMENT CORP. ALBION COMMUNITY DEVEL- BMAIF–20000818ARV ..... MP .... WLX584 ...... 875 BUFFALO, NY ...... A1 A2 OPMENT CORP. ALBION COMMUNITY DEVEL- BPIF–19930128DF ...... P ...... NEW ...... 878 DEERFIELD, NY ...... BG OPMENT CORP. ALBION COMMUNITY DEVEL- BRIF–20020304AAX ...... R ...... WLX583 ...... 879 BROWNSVILLE, ...... AG OPMENT CORP. VT. ALTO INDEPEND SCHOOL DIS- BLMPIF–20011012AAE ... LMP .. WLX431 ...... 1184 KOSSMUTH, TX ...... C1 TRICT. AMARILLO INDEPENDENT BPIF–19910722DE ...... P ...... NEW ...... 1232 AMARILLO, TX ...... AG SCHOOL DISTIRCT. AMARILLO INDEPENDENT BPIF–19910722DD ...... P ...... NEW ...... 1233 AMARILLO, TX ...... BG SCHOOL DISTRICT. AMERICAN UNIVERSITY OF BMPIF–19950707DC ...... LMP .. WLX323 ...... 2092 AGUA, PR ...... BG PUERTO RICO. ARIZONA BD OF REGENT/AZ BEIFB–20011210AAK ...... E ...... WND497 ...... 90683 SHAW BUTTE, ...... BG ST UNIV. AZ. ARIZONA BD OF REGENTS/AZ BEIFB–20011210AAJ ...... E ...... WND496 ...... 90682 SHAW BUTTE, ...... AG ST UNIV. AZ. BAYSIDE ACADEMY ...... BEIF–20020306AAS ...... E ...... WNC875 ...... 80795 PRICHARD, AL ...... DG BD OF ED, SPECIAL SCHOOL BMPIF–19951018AY ...... MP .... WLX200 ...... 4196 MINNEAPOLIS, ...... DG DIST. #1. MN. BD OF REG EASTERN NEW BPIF–19951020YB ...... P ...... NEW ...... 80941 ALAMOGORDO, ...... DG MEXICO UNI. NM. BD OF REGS OF NEW MEXICO BPIF–19951020NI ...... P ...... NEW ...... 80247 SILVER CITY, ...... AG STATE UNI. NM. BD OF REGS OF NEW MEXICO BPIF–19951020WW ...... P ...... NEW ...... 81061 ALAMOGORDO, ...... AG STATE UNI. NM. BELLSOUTH WIRELESS CABLE BPIF–19980123DE ...... P ...... NEW ...... 89707 ATLANTA, GA. INC. BELLSOUTH WIRELESS BPIF–19980123DF ...... P ...... NEW ...... 89706 ATLANTA, GA. CABLE, INC. BLOUNT HIGH ...... BMPIF–19950914HJ ...... MP .... WNC635 ...... 5889 BUCKS, AL ...... BG BOOKCLIFF CHRISTIAN BPIF–19951020TS ...... P ...... NEW ...... 80397 GRAND JUNC- ...... GG SCHOOL. TION, CO. BOWDON PUBLIC SCHOOL ..... BMPIF–20000818AEC ..... MP .... WLX944 ...... 6552 BOWDON, ND ...... A4 BRADLEY COUNTY SCHOOL BMAIF–20010605AAB ..... P ...... NEW ...... 80437 FAIRMONT, TN ...... A3 A4 SYSTEM. BRIGHAM YOUNG UNIVERSITY BEIF–20010412AAI ...... E ...... WNC989 ...... 80667 PROVO, UT ...... GG BROWN UNIV IN PROV. ST/RI BRIF–19990301AAD ...... R ...... WLX200 ...... 4196 MINNEAPOLIS, ...... DG AND PROV. MN. BRUNSWICK COMMUNITY BPIFB–20020228AAG ...... P ...... NEW ...... 308197 BURGAW, NC ...... BG COLLEGE. BRUNSWICK COMMUNITY BPIFB–20020228AAH ...... P ...... NEW ...... 308198 BURGAW, NC ...... BG COLLEGE. BURLINGTON COLLEGE ...... BPIF–19911008DA ...... P ...... NEW ...... 7850 NORTHFIELD, ...... BG VT. BURLINGTON COLLEGE ...... BPIF–19911008DX ...... P ...... NEW ...... 7852 SHOREHAM, VT ...... BG BURLINGTON COLLEGE ...... BPIF–19920110DE ...... P ...... NEW ...... 7848 WINDSOR, VT ...... BG BURLINGTON COLLEGE ...... BPIF–19920110DG ...... P ...... NEW ...... 7843 THETFORD, VT ...... BG BUTTE COUNTY OFFICE OF BSTAIF–20000309AAL .... STA ... WND221 ...... 80541 CHICO, CA ...... BG EDUCATION. CALIFORNIA POLYTECHNIC BPIF–19951020ZQ ...... P ...... NEW ...... 80793 SAN LUIS ...... GG STATE UNIVERSITY. OBISPO, CA.

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ITFS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

CARIBBEAN UNIVERSITY ...... BMPIF–20000818CZL ...... LMP .. WLX315 ...... 8795 AGUAS BUE- ...... CG NAS, PR. CARTERET COMMUNITY COL- BPIF–19951020TX ...... P ...... NEW ...... 80451 JACKSONVILLE, ...... AG LEGE. NC. CASPER COLLEGE ...... BPIF–19951020T8 ...... P ...... NEW ...... 81065 CASPER, WY ...... CG CATHOLIC ARCHDIOCESE OF BMPIF–20000818CZK ..... LMP .. WLX321 ...... 9336 AGUAS BUE- ...... AG SAN JUAN. NAS, PR. CATHOLIC DIOCESE OF BPIF–19951020WN ...... P ...... NEW ...... 80587 GURABO, PR ...... AG CAGUAS. CATHOLIC UNIVERSITY OF BPIF–19951020MB ...... P ...... NEW ...... 80213 JAYUYA, PR ...... CG PUERTO RICO. CENTER FOR ECONOMIC AND BPIF–19951020JZ ...... P ...... NEW ...... 79969 WENATCHEE, ...... DG SOCIAL JUSTICE. WA. CHAMPLAIN COLLEGE ...... BPIF–19911010DS ...... P ...... NEW ...... 10127 SHOREHAM, VT ...... AG CHAMPLAIN COLLEGE ...... BPIF–19920110DJ ...... P ...... NEW ...... 10123 THETFORD, VT ...... AG CHANDLER UNIFIED SCHOOL BPIF–19951020CC ...... P ...... NEW ...... 79597 GLOBE, AZ ...... GG DISTRICT #80. CHRISTIAN EDUCATIONAL BPIF–19931230GH ...... P ...... NEW ...... 11000 OMAHA, NE ...... DG NETWORK. CHURCH POINT MINISTRIES ... BPIF–19931230HL ...... P ...... NEW ...... 11190 PLAQUEMINE, ...... CG LA. CLARENDON FOUNDATION ..... BEIF–20010821AAK ...... E ...... WNC903 ...... 80483 SEBRING, FL ...... CG CLARK COUNTY SCHOOL DIS- BPIFB–20010702AAD ...... P ...... NEW ...... 308024 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFB–20010702AAF ...... P ...... NEW ...... 308026 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFB–20010702AAN ...... P ...... NEW ...... 308034 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFB–20010702AAP ...... P ...... NEW ...... 308036 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFB–20010702AAX ...... P ...... NEW ...... 308045 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFH–20010702AAC ...... P ...... NEW ...... 308023 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFH–20010702AAE ...... P ...... NEW ...... 308025 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFH–20010702AAM ..... P ...... NEW ...... 308033 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFH–20010702AAO ..... P ...... NEW ...... 308035 HENDERSON, ...... E2 TRICT. NV. CLARK COUNTY SCHOOL DIS- BPIFH–20010702AAW ..... P ...... NEW ...... 308044 HENDERSON, ...... E2 TRICT. NV. CLEVELAND COMMUNITY BPIF–19951020OC ...... P ...... NEW ...... 80317 GAFFNEY, SC ...... AG COLLEGE. COCHISE COUNTY SCHOOL BPIF–19951020NG ...... P ...... NEW ...... 80215 SIERRA VISTA, ...... AG SUPERINTENDENT’S O. AZ. COMSTOCK INDEPENDENT BPIF–19951020VM ...... P ...... NEW ...... 80467 DEL RIO, TX ...... CG SCHOOL DISTRICT. CONCORD COMMUNITY BPIF–19920717DB ...... P ...... NEW ...... 13554 JACKSON, MI ...... BG SCHOOLS. COTTON VALLEY HIGH BPIF–19931230DB ...... P ...... NEW ...... 14023 SHREVEPORT, ...... AG SCHOOL. LA. COUSHATTA ELEMENTARY BPIF–19931230IG ...... P ...... NEW ...... 14213 NATCHITOCHES, ...... CG SCHOOL. LA. COUSHATTA HIGH SCHOOL .... BPIF–19931230HI ...... P ...... NEW ...... 14214 NATCHITOCHES, ...... AG LA. COVENANT COLLEGE ...... BPIF–19951020WO ...... P ...... NEW ...... 80597 FAIRMONT, TN ...... CG CRAVEN COMMUNITY COL- BPIF–19951020RF ...... P ...... NEW ...... 80967 JACKSONVILLE, ...... BG LEGE. NC. CRAVEN COUNTY SCHOOL BPIF–19951020RQ ...... P ...... NEW ...... 80953 JACKSONVILLE, ...... CG SYSTEM. NC. DALLAS COUNTY BOARD OF BPIF–19961223AZ ...... P ...... NEW ...... 85191 BURNSVILLE, AL ...... DG EDUCATION. DELTA JUNIOR COLLEGE ...... BPIF–19921224DD ...... P ...... NEW ...... 16534 BATON ROUGE, ...... CG LA. DEMING PUBLIC SCHOOLS ..... BPIF–19951018AS ...... P ...... NEW ...... 79903 DEMING, NM ...... AG DEMING PUBLIC SCHOOLS ..... BPIF–19951019BM ...... P ...... NEW ...... 81035 ALAMOGORDO, ...... CG NM. DES MOINES JEWISH ACAD- BPIF–19931230DW ...... P ...... NEW ...... 16721 DES MOINES, IA ...... CG EMY.

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ITFS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

DIOCESE OF BATON ROUGE .. BPIF–19931229GU ...... P ...... NEW ...... 16949 PLAQUEMINE, ...... BG LA. DOYLINE HIGH SCHOOL ...... BPIF–19931230DO ...... P ...... NEW ...... 17498 SHREVEPORT, ...... B3 B4 LA. DUVAL COUNTY SCHOOL BLNPIF–20010123AAO ... LNP ... WLX922 ...... 17773 JACKSONVILLE, ...... AG BOARD. FL. EAST BATON ROUGE PARISH BPIF–19931230GZ ...... P ...... NEW ...... 18186 PLAQUEMINE, ...... BG SCHOOL. LA. EAST VALLEY INSTITUTE OF BPIF–19951020DX ...... P ...... NEW ...... 79899 GLOBE, AZ ...... BG TECHNOLOGY DIST. EASTMONT SCHOOL DISTRICT BPIF–19951020ZD ...... P ...... NEW ...... 80737 WENATCHEE, ...... DG #206. WA. EMERSON COLLEGE ...... BMPIF–19960919AB ...... MP .... WHR758 ...... 19480 BOSTON, MA ...... C1 EMERSON COLLEGE ...... BPIF–19960919AA ...... P ...... NEW ...... 86592 BOSTON, MA ...... A3 A4 EUDORA UNIFIED SCHOOL BRIF–20010821AAJ ...... R ...... WLX327 ...... 19819 OTTAWA, KS ...... CG DISTRICT #491. EVANGEL ACADEMY ...... BPIF–19951020SX ...... P ...... NEW ...... 80327 SHREVEPORT, ...... GG LA. FARGO PUBLIC SCHOOLS ...... BPIFB–20000818DLH ...... P ...... NEW ...... 307802 AMENIA, ND ...... CG GRAMBLING STATE UNIVER- BPIF–19930219DO ...... P ...... NEW ...... 24742 MONROE, LA ...... DG SITY. HALE COUNTY BOARD OF BMPIF–19961223FZ ...... MP .... WNC604 ...... 25849 BURNSVILLE, AL ...... BG EDUCATION. HALE COUNTY HIGH SCHOOL BMPIF–19961223DE ...... MP .... WNC603 ...... 25848 BURNSVILLE, AL ...... AG HALL SUMMIT HIGH SCHOOL .. BPIF–19931230HN ...... P ...... NEW ...... 25876 NATCHITOCHES, ...... BG LA. HEARD HIGH & MIDDLE BMPIF–19961223BF ...... LMP .. WLX861 ...... 26605 FRANKLIN, GA ...... BG SCHOOL. HISPANIC INFO & TELEC NET- BPIFH–20000818AJO ...... P ...... NEW ...... 305436 TIVERTON, RI ...... B1 B2 B3 WORK, INC. HISPANIC INFO & TELEC NET- BPIFH–20010420AEK ...... P ...... NEW ...... 307919 TIVERTON, RI ...... BG WORK, INC. HISPANIC INFO. & TELECO. BPIF–19951016BO ...... P ...... NEW ...... 81103 RICHMOND, VA ...... D1 D2 NETWORK, INC. HOLY ANGEL SCHOOL ...... BPIF–19951020BT ...... P ...... NEW ...... 79773 GLOBE, AZ ...... DG HOT SPRINGS CITY SCHOOL BPIF–19951019CM ...... P ...... NEW ...... 79609 HOT SPRINGS, ...... CG DISTRICT. AR. IBERIA PARISH SCHOOL BPIF–19951020PI ...... P ...... NEW ...... 80229 YOUNGSVILLE, ...... GG BOARD. LA. IBERVILLE PARISH SCHOOL ... BPIF–19931230HE ...... P ...... NEW ...... 28198 PLAQUEMINE, ...... GG LA. INDIANA HIGHER EDUCATION BEIF–20010228AAF ...... E ...... WLX252 ...... 66500 BEDFORD, IN ...... GG TELECOMMUNICATI. INDIANA HIGHER EDUCATION BMPIF–19950914ES ...... MP .... WGI228 ...... 66501 WEST LAFAY- ...... BG TELECOMMUNICATI. ETTE, IN. INDIANA HIGHER EDUCATION BMPIF–19951020P7 ...... LMP .. WHR825 ...... 66533 RENSSELAER, ...... CG TELECOMMUNICATI. IN. INDIANA HIGHER EDUCATION BPIFH–20000818AOP ..... P ...... NEW ...... 305642 INDIANAPOLIS, ...... AG TELECOMMUNICATI. IN. IRA INDEPENDENT SCHOOL BPIF–19920424DZ ...... P ...... NEW ...... 29133 SNYDER, TX ...... CG DISTRICT. ISOTHERMAL COMMUNITY BPIF–19951020PL ...... P ...... NEW ...... 80253 GAFFNEY, SC ...... CG COLLEGE. KENNETT PUBLIC SCHOOL BPIF–19920228DG ...... P ...... NEW ...... 34021 MALDEN, MO ...... DG DISTIRCT NO. 39. KENT COUNTY VOC TECH BPIF–19950818DM ...... P ...... NEW ...... 77703 WOODSIDE, DE ...... AG SCHOOL DIST. LAKE FOREST SCHOOL DIS- BPIF–19950818DN ...... P ...... NEW ...... 77704 WOODSIDE, DE ...... BG TRICT. LAMAR COUNTY BOARD OF BEIF–20020131AAZ ...... E ...... WNC281 ...... 36450 BANKSTON, AL ...... CG EDUCATION. LAS CRUCES PUBLIC BPIF–19951018AT ...... P ...... NEW ...... 79915 ALAMOGORDO, ...... DG SCHOOLS. NM. LAS CRUCES PUBLIC BPIF–19951019BY ...... P ...... NEW ...... 79505 SILVER CITY, ...... DG SCHOOLS. NM. LAWRENCE COUNTY BOARD BMPIF–19961223EZ ...... MP .... WNC488 ...... 36749 BURNSVILLE, AL ...... CG OF EDUCATION. LEHIGH VALLEY ASSOCIATION BPIF–19951019AH ...... P ...... NEW ...... 79529 ALLENTOWN, PA ...... AG OF INDEPENDENT. LENOIR COMMUNITY COL- BPIF–19951020CS ...... P ...... NEW ...... 79747 TRENTON, NC ...... AG LEGE.

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ITFS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

LIFE TABERNACLE & ACAD- BPIF–19951020ZO ...... P ...... NEW ...... 80771 GRAND JUNC- ...... CG EMY. TION, CO. LIFE TABERNACLE AND ACAD- BPIF–19951020ZF ...... P ...... NEW ...... 80745 DELTA, CO ...... AG EMY. LOUISIANA ART INSTITUTE ..... BPIF–19921224DE ...... P ...... NEW ...... 38582 BATON ROUGE, ...... GG LA. LOUISIANA STATE UNIV ALUM- BPIF–19931228DI ...... P ...... NEW ...... 38609 PLAQUEMINE, ...... GG NI ASSOC. LA. LOUISIANA STATE UNIV ALUM- BPIF–19931229DC ...... P ...... NEW ...... 38608 NATCHITOCHES, ...... CG NI ASSOC. LA. LOUISIANA STATE UNIV ALUM- BPIF–19931229HP ...... P ...... NEW ...... 38611 RUSTON, LA ...... CG NI ASSOC. LSU ALUMNI ASSOCIATION ..... BPIF–19951020IG ...... P ...... NEW ...... 79859 DELHI, LA ...... CG MACOMB INTERMEDIATE BEIF–20020222AAB ...... E ...... WHR914 ...... 39555 CLINTON TOWN- ...... B3 B4 SCHOOL DISTRICT. SHIP, MI. MARAIA DES CYGNES VALLEY BRIF–20010821AAI ...... R ...... WLX331 ...... 39864 OTTAWA, KS ...... BG US DIST 456. MESA COUNTY VALLEY BPIF–19951020S8 ...... P ...... NEW ...... 80945 GRAND JUNC- ...... AG SCHOOL DISTRICT NO. 5. TION, CO. MESA STATE COLLEGE ...... BPIF–19951020FK ...... P ...... NEW ...... 79825 GRAND JUNC- ...... BG TION, CO. MESA UNIFIED SCHOOL DIS- BPIF–19951020QF ...... P ...... NEW ...... 80235 GLOBE, AZ ...... DG TRICT #4. MILWAUKEE AREA DIST BD BPIFH–20000818ATC ...... P ...... NEW ...... 305784 MILWAUKEE, WI ...... G2 G3 G4 TECH ADULT ED. MILWAUKEE BD. OF SCHOOL BLMPIF–19961220AK ...... LMP .. KHF80 ...... 42668 MILWAUKEE, WI ...... BG DIRECTORS. MINDEN HIGH SCHOOL ...... BPIF–19931230DA ...... P ...... NEW ...... 42686 RUSTON, LA ...... AG MINEOLA UNION FREE BLNPIF–19920630DA ...... LNP ... KNZ71 ...... 42687 MINEOLA, NY ...... GG SCHOOL DISTRICT. MULTIMEDIA DEVELOPMENT BPIFB–19990122EB ...... P ...... NEW ...... 92616 PORTALES, NM ...... GG CORP. NATRONA COUNTY SCHOOL BPIF–19951020S9 ...... P ...... NEW ...... 80955 CASPER, WY ...... DG DISTRICT NO. 1. NEBRASKA CITY SCHOOL BMPIF–19961223CP ...... MP .... WNC659 ...... 47958 TECUMSEH, NE ...... BG DIST 111. NEEDLES UNIFIED SCHOOL BPIF–19951020IS ...... P ...... NEW ...... 80009 BULLHEAD CITY, ...... AG DISTRICT. AZ. NETWORK FOR INSTRUC- BMPIF–19950914JO ...... MP .... WLX951 ...... 48316 ANDERSON, IN ...... DG TIONAL TV INC. NEW CASTLE CTY VOC TECH BPIF–19950818DL ...... P ...... NEW ...... 77705 WOODSIDE, DE ...... GG SCHOOL DIST. NEW JERSEY PUBLIC B/CG BMPIF–19950914KB ...... MP .... WLX250 ...... 48476 TRENTON, NJ ...... C2 C3 C4 AUTHORITY. NEW JERSEY PUBLIC B/CG BMPIF–19950914KH ...... MP .... WHR822 ...... 48459 WARREN TOWN- ...... GG AUTHORITY. SHIP, NJ. NORTH CENTRAL EDU- BPIF–19951020HW ...... P ...... NEW ...... 81053 WENATCHEE, ...... GG CATIONAL SERVICE. WA. NORTHEAST LOUISIANA UNI- BPIF–19951020SR ...... P ...... NEW ...... 80423 MONROE, LA ...... CG VERSITY. NORTHWESTERN STATE UNI- BEIF–20011218AAE ...... E ...... WND344 ...... 85247 LEESVILLE, LA ...... BG VERSITY. NORWICH UNIVERSITY ...... BPIF–19911008DD ...... P ...... NEW ...... 49809 SHOREHAM, VT ...... CG NORWICH UNIVERSITY ...... BPIF–19920110DF ...... P ...... NEW ...... 49805 WINDSOR, VT ...... CG NOWATA PUBLIC SCHOOLS .... BNPIF–19920825DB ...... NP ..... WLX596 ...... 49829 LENAPAH, OK ...... AG OKLAHOMA EDUCATIONAL TV BNPIF–19950711DU ...... LNP ... WHR559 ...... 50202 OKLAHOMA ...... CG AUTHORITIY. CITY, OK. OKLAHOMA STATE UNIVER- BPIF–19931230AA ...... P ...... NEW ...... 90623 HOCKER, OK ...... GG SITY. ONSLOW CONTINUING EDU- BPIF–19951020MN ...... P ...... NEW ...... 80113 JACKSONVILLE, ...... BG CATION. NC. ONSLOW COUNTY SCHOOLS BPIF–19951020LX ...... P ...... NEW ...... 80217 JACKSONVILLE, ...... AG NC. ONSLOW EXCEPTIONAL CHIL- BPIF–19951020ML ...... P ...... NEW ...... 80129 JACKSONVILLE, ...... D1 D2 D3 DREN. NC. ONSLOW FEDERAL ACA- BPIF–19951020MJ ...... P ...... NEW ...... 80143 JACKSONVILLE, ...... CG DEMICS. NC. OUACHITA ACADEMY OF BMPIF–19950525EF ...... MP .... WNC534 ...... 50770 RAYVILLE, LA ...... BG ARTS AND SCIENCE. PANHANDLE AREA ED’L CO- BMPIF–19951020T4 ...... MP .... WHR879 ...... 51460 MARIANNA, FL ...... AG OPERATIVE.

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ITFS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

PANHANLE AREA ED’L COOP- BMPIF–19951020R4 ...... MP .... WHR800 ...... 51476 CHIPLEY, FL ...... GG ERATIVE. PARADISE UNIFIED SCHOOL BSTAIF–20000309AAM ... STA ... WND222 ...... 80359 CHICO, CA ...... DG DISTRICT. PORT ARTHUR INDEPEND BEIF–20020221AAH ...... E ...... WLX356 ...... 53027 VIDOR, TX ...... CG SCHOOL DISTRICT. PORTAGEVILLE SCHOOL DIS- BPIF–19920228DE ...... P ...... NEW ...... 53051 MALDEN, MO ...... CG TRICT. PORTALES HIGH SCHOOL ...... BPIFB–19990122EZ ...... P ...... NEW ...... 92629 PORTALES, NM ...... CG PORTLAND COMMUNITY COL- BPIFH–20000818CGZ ..... P ...... NEW ...... 307062 VANCOUVER, ...... B3 LEGE. WA. PUERTO RICO MEDICAL AS- BMPIF–19950707DH ...... LMP .. WLX322 ...... 53864 AGUKAS BUE- ...... DG SOCIATION. NAS, PR. REGION IV EDUCATION SERV- BPIFB–20000818CEI ...... P ...... NEW ...... 306983 HOUSTON, TX ...... AG ICE CENTER. REID INSTITUTE ...... BPIF–19951020HN ...... P ...... NEW ...... 81049 PROVO, UT ...... CG RICHMOND HILL CHRISTIAN BPIF–19951020PH ...... P ...... NEW ...... 80207 BLOOMINGDAL- ...... BG ACADEMY. E, GA. ROMAN CATH DIOCESE OF BMPIF–19950914LZ ...... MP .... KNZ65 ...... 57484 UNIONDALE, NY ...... EG RKVILLE CENTRE. ROMAN CATH DIOCESE BNPIF–19950321DU ...... NP ..... WHR845 ...... 57482 AMITYVILLE, NY ...... GG ROCKVILLE CENTER. ROMAN CATHOLIC COMMU- BPIF–19951020A9 ...... P ...... NEW ...... 80807 (RURAL), CA ...... CG NICATIONS CORP. DBA. SAINT MICHAEL’S COLLEGE ... BPIF–19911008DQ ...... P ...... NEW ...... 58591 SHOREHAM, VT ...... DG SAINT MICHAEL’S COLLEGE ... BPIF–19920110DN ...... P ...... NEW ...... 58592 WINDSOR, VT ...... DG SAN CARLOS UNIFIED BPIF–19951020IZ ...... P ...... NEW ...... 79955 GLOBE, AZ ...... BG SCHOOL DISTRICT #2. SAN LUIS COASTAL UNIFIED BPIF–19951020XF ...... P ...... NEW ...... 80619 SAN LUIS ...... GG SCHOOL DISTRICT. OBISPO, CA. SANTA FE TRAIL USD #434 BRIF–20010821AAH ...... R ...... WLX330 ...... 59075 OTTAWA, KS ...... AG SCHOOL DIST. SAREPTA HIGH SCHOOL ...... BPIF–19931230DC ...... P ...... NEW ...... 59128 SHREVEPORT, ...... CG LA. SCHOOL DIST OF CITY BRIF–19991201AAE ...... R ...... KWU42 ...... 59336 OMAHA, NE ...... A1 A2 OMAHA ST OF NEB. SCHOOL DISTRICT OF PALM BALIF–9550758 ...... AL ..... KZB30 ...... 300048 LOXAHATCHEE, ...... HG BEACH COUNTY. FL. SCIOTO COUNTY EDU- BPIF–19951020DT ...... P ...... NEW ...... 79801 OTWAY, OH ...... GG CATIONAL SERVICE CEN- TER. SEMINOLE INDEPEND BMPIF–19961223DD ...... MP .... WNC328 ...... 59666 SEMINOLE, TX ...... GG SCHOOL DISTRICT. SHEKINAH NETWORK ...... BPIF–19951019BJ ...... P ...... NEW ...... 79431 MIDWAY, NC ...... GG SHELBY SCHOOL DISTRICT BNPIF–19981006DO ...... NP ..... WNC480 ...... 60084 SILVER CREEK, ...... GG #32. NE. SIBLEY HIGH SCHOOL ...... BPIF–19931230DL ...... P ...... NEW ...... 60274 RUSTON, LA ...... B1 B2 SILVER CONSOLIDATED BPIF–19951019CA ...... P ...... NEW ...... 79519 SILVER CITY, ...... AG SCHOOLS. NM. SOUTHERN UNIV AGRICUL- BPIF–19931230GW ...... P ...... NEW ...... 61380 PLAQUEMINE, ...... AG TURAL & MECH COL. LA. SOUTHLAND C–9 SCHOOL BPIF–19920228DD ...... P ...... NEW ...... 61412 MALDEN, MO ...... AG DISTRICT. SOUTHWESTERN OKLAHOMA BEIF–20020228AAA ...... E ...... WNC581 ...... 61589 CORN, OK ...... BG STATE UNIV. ST ANDREWS EPISCOPAL BPIF–19951020YK ...... P ...... NEW ...... 80983 SCOTTSBLUFF, ...... GG CHURCH. NE. ST MARY’S CITY SCHOOLS ..... BMPIFB–19950829HJ ...... MP .... WLX977 ...... 62067 CRIDERSVILLE, ...... CG OH. ST. AGNES; SCHOOLS FOUN- BPIF–19951020VX ...... P ...... NEW ...... 80609 SCOTTSBLUFF, ...... AG DATION. NE. TATTNALL COUNTY BOARD BPIF–19951020T6 ...... P ...... NEW ...... 81041 BLOOMINGDAL- ...... DG OF EDUCATION. E, GA. TECHNICAL TRADES INSTI- BPIF–19951020SH ...... P ...... NEW ...... 80445 GRAND JUNC- ...... D1 D2 D3 TUTE. TION, CO. TEEWINOT LICENSING INC ...... BPIF–19980103DP ...... P ...... NEW ...... 89826 BURLEY, ID. TENNESSEE TEMPLE UNIVER- BMAIF–20010605AAC ..... P ...... NEW ...... 80797 FAIRMONT, TN ...... A1 A2 SITY. TEXAS STATE TECHNICAL BPIF–19951020UF ...... P ...... NEW ...... 80379 LONGVIEW, TX ...... GG COLLEGE.

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ITFS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

TEXAS STATE TECHNICAL BPIF–19951020VI ...... P ...... NEW ...... 80505 DEL RIO, TX ...... AG COLLEGE. THE BOARD OF EDUCATION BPIF–19951020RN ...... P ...... NEW ...... 80975 TOMS RIVER, NJ ...... GG OF THE BOROUGH OF. THE BOARD OF REGENTS OF BPIF–19951020VB ...... P ...... NEW ...... 80681 BLOOMINGDAL- ...... DG THE UNIVERSITY S. E, GA. THE CRARY SCHOOL ...... BPIFB–20020207AAA ...... P ...... NEW ...... 308182 BURGAW, NC ...... CG THE CRARY SCHOOL ...... BPIFB–20020207AAB ...... P ...... NEW ...... 308183 BRUNSWICK, NC ...... CG THE INFORMATION RE- BPIF–19951020PK ...... P ...... NEW ...... 80245 GRAND JUNC- ...... BG SOURCE FOUNDATION. TION, CO. THE REGENTS OF THE UNIV. BMPIF–19951020L9 ...... MP .... WAQ323 ...... 66324 SANTA BAR- ...... AG OF CA. BARA, CA. THE SCHOOL BD. OF LEE BMPIF–20000818AIV ...... MP .... WBE805 ...... 66341 FT. MYERS, FL ...... B1 B2 B3 COUNTY FLORIDA. TOMS RIVER BOARD OF EDU- BPIF–19951020Q1 ...... P ...... NEW ...... 80913 TOMS RIVER, NJ ...... DG CATION. TRANSITION NETWORK, INC ... BLIF–19990115DY ...... L ...... WNC806 ...... 80363 HILO, HI ...... AG TRICJU GEBREW ACADEMY BPIF–19951020BH ...... P ...... NEW ...... 79671 CORBIN CITY, ...... GG OF ATLANTIC COUNTY. NJ. TRINITY COLLEGE OF BPIF–19911010DT ...... P ...... NEW ...... 68107 SHOREHAM, VT ...... GG VERMONT. TRINITY COLLEGE OF BPIF–19911010DW ...... P ...... NEW ...... 68105 NORTHFIELD, ...... GG VERMONT. VT. TRINITY COLLEGE OF BPIF–19920110DD ...... P ...... NEW ...... 87010 WINDSOR, VT ...... GG VERMONT. TRINITY COLLEGE OF BPIF–19920110DH ...... P ...... NEW ...... 68103 THETFORD, VT ...... GG VERMONT. TROY STATE UNIVERSITY BPIF–19961223GN ...... P ...... NEW ...... 85237 BURNSVILLE, AL ...... GG MONTGOMERY. TYLER INDEPENDENT BPIF–19951020OR ...... P ...... NEW ...... 80569 TYLER, TX ...... GG SCHOOL DISTRICT. UATH CONTRACTORS BPIF–19951020HO ...... P ...... NEW ...... 81047 PROVO, UT ...... DG SCHOOL, L.L.C. UNIFIED SCHOOL DISTRIT BNPIF–19920825DA ...... NP ..... WLX605 ...... 68777 LENAPAH, OK ...... BG #286. UNION TOWNSHIP SCHOOLS .. BLNPIF–19920601DF ...... LNP ... WGM95 ...... 68814 UNION CITY, NJ ...... C1 UNIVERSITY OF NORTH BPIF–19951020IU ...... P ...... NEW ...... 79991 JACKSONVILLE, ...... CG CAROLINA. NC. UNIVERSITY OF NORTH BPIF–19951020D5 ...... P ...... NEW ...... 80853 JACKSONVILLE, ...... BG CAROLINA CENTER FOR. NC. UNIVERSITY OF TEXAS BPIFB–20000818DFG ...... P ...... NEW ...... 307663 PASADENA, TX ...... BG HEALTH SCIENCE CTR A. UTAH VALLEY STATE COL- BPIF–19951020YZ ...... P ...... NEW ...... 80717 PROVO, UT ...... DG LEGE. VERMONT WIRELESS COOP- BMPIF–19951016AU ...... MP .... WNC674 ...... 69969 EAST ALBURG, ...... GG ERATIVE. VT. VERMONT WIRELESS COOP- BMPIF–19951016BB ...... MP .... WNC670 ...... 69973 EAST ALBURG, ...... A2 A3 A4 ERATIVE. VT. VERMONT WIRELESS COOP- BMPIFB–19951016AY ..... MP .... WNC671 ...... 69970 EAST ALBURG, ...... BG ERATIVE. VT. VERMONT WIRELESS COOP- BMPIFB–19951016BA ..... MP .... WNC673 ...... 69971 EAST ALBURG, ...... DG ERATIVE. VT. VERMONT WIRELESS COOP- BMPIFB–19951016BK ..... MP .... WNC672 ...... 69972 EAST ALBURG, ...... CG ERATIVE. VT. VIEWS ON LEARNING INC ...... BPIFB–20000818AFA ...... P ...... NEW ...... 305238 CASSOPOLIS, MI ...... CG VIEWS ON LEARNING, INC ...... BPIF–19951020HL ...... P ...... NEW ...... 84585 DELTA, CO ...... D4 WASHINGTON COUNTY DIS- BEIF–20010830AAH ...... E ...... WND293 ...... 80251 COTTONDALE, ...... BG TRICT SCHOOL BD. FL. WEBSTER JR. HIGH SCHOOL .. BPIF–19931230DK ...... P ...... NEW ...... 71414 RUSTON, LA ...... CG WENATCHEE VALLEY COL- BPIF–19951020ZE ...... P ...... NEW ...... 80741 WENATCHEE, ...... BG LEGE COMMUNITY COLLE. WA. WEST SHORE SCHOOL DIST .. BPIF–19951020GX ...... P ...... NEW ...... 79921 HARRISBURG, ...... CG PA. WESTERN NEW MEXICO UNI- BPIF–19951019AF ...... P ...... NEW ...... 79489 DEMING, NM ...... GG VERSITY. WESTERN NEW MEXICO UNI- BPIF–19951019BL ...... P ...... NEW ...... 79437 ALAMOGORDO, ...... GG VERSITY. NM.

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MDS AND MMDS APPLICATIONS BEING DISMISSED

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

ADELPHIA BLAIRSVILLE, LLC .. BRMD–20010430AAS ...... R ...... WMH689 ...... 301349 MUNCIE, IN...... EG ALDA GOLD, INC ...... BPMDH–20000818BMR ... P ...... NEW ...... 306407 PASADENA, TX ...... HG ALDA TUCSON, INC ...... BPMDH–20000818DHR ... P ...... NEW ...... 307728 TUCSON, AZ...... 2A ALDA TUCSON, INC ...... BPMDH–20000818DHV ... P ...... NEW ...... 307733 TUCSON, AZ...... 1 ALDA WIRELESS HOLDINGS, BRMD–20010328ADG ..... R ...... WLW697 ...... 301121 DANVILLE, VA ...... EG INC. ALLIED PROPERTIES, INC ...... BPMD–20000818DMC ..... P ...... NEW ...... 308081 STATE COL- 429 E2 E3 E4 LEGE, PA. ALLIED PROPERTIES, INC ...... BPMDH–20000818CRL ... P ...... NEW ...... 307361 STATE COL- 429 1 2A LEGE, PA. AMERICAN TELECASTING OF BPMDH–20000823AAA ... P ...... NEW ...... 305311 COLORADO ...... 2A COLORADO SPRINGS. SPRINGS, CO. AMERICAN TELECASTING OF BPMDB–20000818DHL .... P ...... NEW ...... 307722 COLUMBUS, ...... H1 COLUMBUS, INC. OH. AMERICAN TELECASTING OF BPMD–19970811XI ...... P ...... NEW ...... 303403 JACKSONVILL- 212 1 JACKSONVILLE, IN. E, FL. AMERICAN TELECASTING OF BPMDH–20010611AAA ... P ...... NEW ...... 307850 LINCOLN, NE... 256 1 LINCOLN, INC. AMERICAN TELECASTING OF BPMDH–20010611AAB ... P ...... NEW ...... 307851 LINCOLN, NE... 256 2A LINCOLN, INC. AMERICAN TELECASTING OF BLMPMDC–9550415 ...... LMP .. WMX660 ...... 302487 MEDFORD, OR ...... AG MEDFORD, INC. AMERICAN TELECASTING OF BPMDC–9550297 ...... P ...... WMX660 ...... 302487 MEDFORD, OR ...... AG MEDFORD, INC. AMERICAN TELECASTING OF BPMDB–20000818BVY .... P ...... NEW ...... 306705 PORTLAND, OR ...... EG PORTLAND, INC. AMERICAN TELECASTING OF BMPMDC–9550371 ...... LMP .. WMX635 ...... 302463 RAPID CITY, ...... AG RAPID CITY, INC. SD. AMERICAN TELECASTING OF BEMD–9651213 ...... E ...... WMI326 ...... 301423 JANESVILLE, ...... FG ROCKFORD, INC. WI. AMERICAN TELECASTING OF BPMDH–20010611AAH ... P ...... NEW ...... 307957 YOUNGSTOW- 484 YOUNGSTOWN, INC. N, OH. 2A AMERICAN TELECASTING, INC BPMDC–9203938 ...... P ...... NEW ...... 302415 STRASBURG, ...... BG VA. AMERICAN WIRELESS, INC BPMDH–20000818ACV ... P ...... NEW ...... 305167 ST. GEORGE, ...... 1 DBA SKYVIEW TEC. UT. ARKSTAR PARTNERSGAMMA BRMD–20010330AAR ...... R ...... WNTL298 ...... 302239 DARDANELLE, ...... HG AR. ASC COMMUNICATIONS, INC .. BALMD–19991202AAE .... AL ..... WMH541 ...... 301311 SAN DIEGO, ...... FG CA. ASC COMMUNICATIONS, INC .. BEMD–9650762 ...... E ...... WMH541 ...... 301311 SAN DIEGO, ...... FG CA. ASHEVILLE (E) WIRELESS BEMD–9651443 ...... E ...... WMX214 ...... 301563 ASHEVILLE, NC ...... H2 CABLE PARTNERSHIP. B2 TELEVISION PARTNERSHIP BMD–9750196 ...... ? ...... WNLM904 ...... 301811 FAIRPORT, NY. BCW SYSTEMS, INC ...... BRMD–20010425AAO ..... R ...... WNTJ367 ...... 302133 MALDEN, MO...... HG BIG SKY WIRELESS PARTNER- BPMDH–20000818ADC ... P ...... NEW ...... 305175 BUTTE, MT ...... 064 1 2A SHIP. BLAKE TWEDT ...... BPMDH–20010913AAD ... P ...... NEW ...... 308120 ERIE, PA...... 131 H3 BOLIN ENTERPRISES, INC ...... BTCMD–20020318AAA .... TC ..... WLW800 ...... 301167 JEWETT, IL...... 1 BONANZA PARTNERS I ...... BEMD–9651067 ...... E ...... WNTM679 ...... 302271 BISMARCK, ND ...... HG BONNIE D. O’CONNELL ...... BMPMD–20000810AAE ... MP .... WMY295 ...... 301681 MCGREGOR, ...... EG GA. BOWLING GREEN (F) WIRE- BMPMDC–9650185 ...... MP .... WMX675 ...... 302502 BOWLING ...... CG LESS CABLE PARTNER. GREEN, KY. BOWLING GREEN (F) WIRE- BMPMDC–9650186 ...... MP .... WMX650 ...... 302478 BOWLING DG LESS CABLE PARTNER. GREEN, KY. BRIGHAM YOUNG UNIVERSITY BPMDB–20000818CEP ... P ...... NEW ...... 306990 SANTEE, CA...... H2 BRIGHAM YOUNG UNIVERSITY BPMDH–20000818CYJ .... P ...... NEW ...... 307129 MILWAUKEE, ...... H2 WI. BROADCAST DATA CORPORA- BPMDH–20000818CYH ... P ...... NEW ...... 307135 MILWAUKEE, ...... H3 TION. WI. C & W ENTERPRISES, INC ...... BRMD–20010321AAP ...... R ...... WNTC543 ...... 301890 SAN ANGELO, ...... H1 TX. CENTURY MICROWAVE COR- BALMD–20000421AAC .... AL ..... WMH689 ...... 301349 MUNCIE, IN...... EG PORATION. CFW LICENSES, INC ...... BPMDH–20000818CKB ... P ...... NEW ...... 307162 CHARLOTTESVI- 075 LLE, VA. 2A CONSOLIDATED TELCOM ...... BPMDC–9651585 ...... P ...... NEW ...... 302436 KILLDEER, ND.

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MDS AND MMDS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

DALE E. & DONNA L. LAW- BMPMDC–9550372 ...... LMP .. WMX632 ...... 302460 RAPID CITY, ...... CG RENCE. SD. DAVID WIECHMAN ...... BMPMD–9450272 ...... MP .... WMH573 ...... 301318 LEXINGTON, ...... EG KY. DENNIS R. LONG ...... BALMD–9551597 ...... AL ..... WMI836 ...... 301490 HARRISBURG, ...... FG PA. DIGITAL AND WIRELESS TELE- BEMD–9750097 ...... E ...... WMX914 ...... 301634 RIVERTON, WY ...... H1 VISION, L.L.C. DIGITAL AND WIRELESS TELE- BEMD–9750098 ...... E ...... WMX912 ...... 301632 RIVERTON, WY ...... H2 VISION, L.L.C. DIGITAL AND WIRELESS TELE- BEMD–9750099 ...... E ...... WMX913 ...... 301633 RIVERTON, WY ...... H3 VISION, L.L.C. DIGITAL AND WIRELESS TELE- BPMDH–20000818BYR ... P ...... NEW ...... 306820 RYEGATE, MT 041 1 VISION, L.L.C. DIGITAL AND WIRELESS TELE- BPMDH–20000818BYT .... P ...... NEW ...... 306822 PONDEROSA, 110 E2 E3 E4 VISION, L.L.C. CO. DIGITAL AND WIRELESS TELE- BPMDH–20000818BZB .... P ...... NEW ...... 306835 RYEGATE, MT 041 E2 E3 E4 VISION, L.L.C. DIGITAL AND WIRELESS TELE- BPMDH–20000818CDY ... P ...... NEW ...... 306972 RAPID CITY, 369 1 VISION, L.L.C. SD. DIGITAL AND WIRELESS TELE- BPMDH–20000818CDZ ... P ...... NEW ...... 306974 RAPID CITY, 369 2A VISION, L.L.C. SD. DURHAM LIFE BROAD- BEMD–9750031 ...... E ...... WMX524 ...... 301621 AUBURN, NC... 1 CASTING, INC. E.T. PARTNERSHIP ...... BEMD–9651100 ...... E ...... WJL89 ...... 301006 CARSON CITY, 1 NV. EAGLE TELEVISION, INC ...... BALMD–19990825AAW ... AL ..... WLW726 ...... 301126 PROWERS H1 CITY, CO. EAGLE TELEVISION, INC ...... BRMDC–20010402AEH ... R ...... WMX658 ...... 302485 PROWERS BG CTY, CO. EAGLEVIEW TECHNOLOGIES, BALMD–9651137 ...... AL ..... KFJ28 ...... 300024 SPOKANE, FL.. 1 INC. EAGLEVIEW TECHNOLOGIES, BRMD–9157876 ...... R ...... KFJ28 ...... 300024 SPOKANE, FL.. 1 INC. EARL S. KIM ...... BEMD–9950056 ...... E ...... KFF79 ...... 300020 LOS ANGELES, 1 CA. EARL S. KIM ...... BEMD–9950057 ...... E ...... KFI79 ...... 300022 LA HABRA, CA 1 EARL S. KIM ...... BEMD–9950058 ...... E ...... WPY40 ...... 302326 LOS ANGELES, 1 CA. F CHANNEL BLOCK, KEY BRMD–20010806AAJ ...... R ...... WMY476 ...... 301738 KEY WEST, FL FG WEST FL PAY TV. FORTUNA SYSTEMS COR- BPMDH–20000818DAC ... P ...... NEW ...... 307582 LINCOLN, NE... H1 PORATION. FOUR PRO PLUS PARTNERS .. BPMDC–9651566 ...... P ...... NEW ...... 302419 FALLON, NV.... DG FOUR PRO PLUS PARTNERS .. BPMDC–9651567 ...... P ...... NEW ...... 302420 FALLON, NV.... GG G/S RIVERTON F SETTLE- BEMDC–9750095 ...... E ...... WMX702 ...... 302528 RIVERTON, WY BG MENT GROUP. G/S RIVERTON F SETTLE- BEMDC–9750096 ...... E ...... WMX709 ...... 302535 RIVERTON, WY CG MENT GROUP. GOULD COMMUNICATIONS ..... BRMD–9750579 ...... R ...... WNTF307 ...... 301932 OMAHA, NE..... H3 GRAND ALLIANCE CANTON E BPMDC–9200676 ...... P ...... NEW ...... 302391 CANTON, OH... PARTNERSHIP. GRAND ALLIANCE KALISPELL BMPMDC–9750282 ...... MP .... WMX686 ...... 302513 KALISPELL, MT BG (F) PARTNERSHIP. GRAND ALLIANCE KALISPELL BMPMDC–9750283 ...... MP .... WMX687 ...... 302514 KALISPELL, MT CG (F) PARTNERSHIP. GRAND ALLIANCE STERLING BRMDC–20010330AEJ .... R ...... WMX641 ...... 302469 STERLING, CO BG (F) PARTNERSHIP. GRAND ALLIANCE STERLING BRMDC–20010330AEK ... R ...... WMX637 ...... 302465 STERLING, CO CG (F) PARTNERSHIP. GRAND MMDS ALLIANCE BEMD–9650751 ...... E ...... WHT735 ...... 300960 RICHMOND, VA EG RICHMOND E/P PARTNER. GRAND TELEPHONE COM- BPMDC–9203812 ...... P ...... NEW ...... 302412 JAY, OK...... AG PANY, INC.. GRAND WIRELESS COMPANY, BPMD–19980721ND ...... P ...... NEW ...... 303648 MARICAO, PR.. 489 H1 INC. GRAND WIRELESS COMPANY, BPMD–19980721NE ...... P ...... NEW ...... 304006 MARICAO, PR.. 489 H3 INC. GRAND WIRELESS COMPANY, BPMD–19980721NF ...... P ...... NEW ...... 304007 MARICAO, PR.. 489 H2 INC.

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MDS AND MMDS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

HEARTLAND WIRELESS COM- BPMD–19970926YJ ...... P ...... KNSD370 ...... 302807 OLTON, TX...... 264 FG MERCIAL CHANNELS. IMPACT MARKETING INC ...... BPMDC–9203337 ...... P ...... NEW ...... 302410 CHARLESTON, DG WV. IMPACT MARKETING INC ...... BPMDC–9203338 ...... P ...... NEW ...... 302411 CHARLESTON, GG WV. IVAN C. NACHMAN ...... BEMD–9651119 ...... E ...... WNTH587 ...... 302023 PORTLAND, ME H1 IVAN C. NACHMAN ...... BPMDH–20010913AAB ... P ...... NEW ...... 308117 ERIE, PA...... 131 H1 JCL LA JUNTA COLORADO F BLMDC–9650228 ...... L ...... WMX669 ...... 302496 LA JUNTA, CO CG GRAND ALLIANCE. JCL LA JUNTA COLORADO F BLMDC–9650229 ...... L ...... WMX621 ...... 302449 LA JUNTA, CO DG GRAND ALLIANCE. JCL LA JUNTA COLORADO F BLMPMDC–9651552 ...... LMP .. WMX621 ...... 302449 LA JUNTA, CO DG GRAND ALLIANCE. JCL LA JUNTA COLORADO F BLMPMDC–9651553 ...... LMP .. WMX669 ...... 302496 LA JUNTA, CO CG GRAND ALLIANCE. JERRY ALBERT PAYNE ...... BRMD–20010425AAP ...... R ...... WMH440 ...... 301291 MALDEN, MO... EG JOHN DUDECK ...... BLNPMD–20010614AAK LNP ... WNTH475 ...... 302007 LINCOLN, NE... H2 JOHN DUDECK ...... BPMDH–20010913AAC ... P ...... NEW ...... 308118 ERIE, PA...... 131 H2 JONSSON COMMUNICATIONS BEMD–9651101 ...... E ...... WMH705 ...... 301352 CARSON CITY, EG CORPORATION. NV. JONSSON COMMUNICATIONS BEMD–9651104 ...... E ...... WMH709 ...... 301354 CARSON CITY, FG CORPORATION. NV. JONSSON COMMUNICATIONS BEMD–9651364 ...... E ...... WNTL575 ...... 302244 CARSON CITY, ...... HG CORPORATION. NV. JONSSON COMMUNICATIONS BLMDC–20010724AAC .... L ...... WMX625 ...... 302453 CARSON CITY, ...... GG CORPORATION. NV. JUNGON JUNG ...... BALMD–20010712AAM ... AL ..... KNSC374 ...... 302921 AGUAS BUE- 488 1 NAS, PR. KA3B2 TELEVISION PARTNER- BEMD–9651028 ...... E ...... WNTK907 ...... 302230 OTWAY, OH ...... HG SHIP. KA3B2 TELEVISION PARTNER- BRMD–20010323AAU ...... R ...... WMH869 ...... 301384 ELMIRA, NY ...... 1 SHIP. KLONDIKE DATA SYSTEMS, BPMDB–20000818DGI .... P ...... NEW ...... 307695 COLUMBUS, ...... H2 INC. OH. KRISAR, INC ...... BLMPMD–20000928AAC LMP .. WMI853 ...... 301501 SOUTH BEND, ...... FG IN. KRISAR, INC ...... BPMDH–20000818CEX ... P ...... NEW ...... 306998 BINGHAMTON, ...... FG NY. LAWRENCE N. BRANDT ...... BEMD–9750025 ...... E ...... WMI818 ...... 301481 BURLINGTON, ...... EG VT. LAWRENCE N. BRANDT ...... BMPMD–9350135 ...... MP .... WMI818 ...... 301481 BURLINGTON, ...... EG VT. LIBMOT COMMUNICATIONS BLMPMD–9551543 ...... LMP .. WNTG452 ...... 301968 OMAHA, NE ...... H2 PARTNERSHIP. LIBMOT COMMUNICATIONS BRMD–20010320ABG ..... R ...... WNTG452 ...... 301968 OMAHA, NE ...... H2 PARTNERSHIP. LIBMOT COMMUNICATIONS BRMD–9750540 ...... R ...... WNTG452 ...... 301968 OMAHA, NE ...... H2 PARTNERSHIP. LOIS HUBBARD ...... BRMD–20010402ABD ...... R ...... WMI307 ...... 301416 SOUTH BEND, ...... EG IN. MARY C. SALVATO ...... BPMDH–20000818AFR ... P ...... NEW ...... 305265 BREMEN, IN ...... H2 H3 MARY C. SALVATO ...... BPMDH–20000818AFW ... P ...... NEW ...... 305270 WARREN, IN ...... H2 H3 MARY C. SALVATO ...... BPMDH–20000818DIL ..... P ...... NEW ...... 307746 CASSOPOLIS, ...... H2 H3 MI. MDS ASSOCIATES ...... BLMPMD–9550388 ...... LMP .. WMI355 ...... 301435 ESCONDIDO, ...... EG CA. MDS DIGITAL NETWORK, INC BRMD–20010330ADO ..... R ...... KFI79 ...... 300022 LA HABRA, CA ...... 1 MDS DIGITAL NETWORK, INC BRMD–20010330AHV ...... R ...... KFF79 ...... 300020 LOS ANGELES, ...... 1 CA. MDS DIGITAL NETWORK, INC BRMD–20010330AHW ..... R ...... WPY40 ...... 302326 LOS ANGELES, ...... 1 CA. MICKELSON MEDIA, INC ...... BRMD–20010402ABB ...... R ...... WLW907 ...... 301216 DARIEN/ ...... FG BRUNSWICK, GA. MINNESOTA VALLEY TV IM- BMPMD–19990409VX ..... MP .... KNSD315 ...... 303387 GRANITE 477 2A PROVEMENT CORPORAT. FALLS, MN. MINNESOTA VALLEY TV IM- BMPMD–19990409VY ..... MP .... KNSD312 ...... 302619 GRANITE 477 1 PROVEMENT CORPORAT. FALLS, MN. MULTIMICRO, INC ...... BEMDC–9750244 ...... E ...... WMX704 ...... 302530 BELPRE, OH ...... CG MULTIMICRO, INC ...... BEMDC–9750245 ...... E ...... WMX703 ...... 302529 BELPRE, OH ...... AG

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MDS AND MMDS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

MULTIMICRO, INC ...... BRMD–20010323ABE ...... R ...... WMI413 ...... 301472 BELPRE, OH ...... FG MWTV, INC ...... BLMPMD–20010821AAB LMP .. WLW894 ...... 301209 DAVENPORT, ...... FG IA. NEW ENGLAND WIRELESS, BPMDH–20010420ACB ... P ...... NEW ...... 307884 WEST LEB- ...... 1 INC. ANON, NH. NEW MEXICO MEDIA, LTD ...... BRMD–20010329AFT ...... R ...... WMI325 ...... 301422 SANTA FE, NM ...... FG NORTH FLORIDA MMDS PART- BEMD–9750214 ...... E ...... WNTF690 ...... 301946 UKIAH, CA ...... H1 NERSHIP. NORTHEAST TELECOM, INC ... BRMD–9750565 ...... R ...... WNTM557 ...... 302255 WATERTOWN, ...... HG NY. NORTHEAST TELECOM, INC ... BRMD–9750566 ...... R ...... WNTM689 ...... 302273 MASSENA, NY ...... HG NORTHERN RURAL CABLE TV BMPMD–20010419AAD ... LMP .. WMX707 ...... 302533 BATH, SD ...... CG COOPERATIVE INC. NORTHERN RURAL CABLE TV BMPMD–20010419AAE ... LMP .. WMX708 ...... 302534 BATH, SD ...... GG COOPERATIVE INC. NORTHERN RURAL CABLE TV BEMD–9850693 ...... E ...... WMY463 ...... 301733 BATH, SD ...... 1 COOPERATIVE, INC. NORTHWEST SATELLITE NET- BLMDC–9550393 ...... L ...... WMX647 ...... 302475 YAKIMA, WA ...... CG WORK, INC. NTELOS LICENSES, INC ...... BRMD–20010330AIX ...... R ...... WHT736 ...... 300961 MIDLOTHIAN, ...... FG VA. NUCENTRIX SPECTRUM RE- BLMPMDC–9651626 ...... LMP .. WMX655 ...... 302482 WATONGA, OK ...... CG SOURCES, INC. NUCENTRIX SPECTRUM RE- BLMPMDC–9651627 ...... LMP .. WMX654 ...... 302481 WATONGA, OK ...... BG SOURCES, INC. NUCENTRIX SPECTRUM RE- BLNPMDC–19990809AAA LNP ... WMX654 ...... 302481 WATONGA, OK ...... BG SOURCES, INC. NUCENTRIX SPECTRUM RE- BMAMD–20000818DMH .. MA .... WMX716 ...... 302542 WOODWARD, ...... CG SOURCES, INC. OK. NUCENTRIX SPECTRUM RE- BMAMD–20000818DMI .... MA .... WMX712 ...... 302538 WOODWARD, ...... BG SOURCES, INC. OK. NUCENTRIX SPECTRUM RE- BMD–9650621 ...... WNEZ717 ...... 301801 NOLANVILLE, ...... HG SOURCES, INC. TX. NUCENTRIX SPECTRUM RE- BMPMD–9950441 ...... MP .... WMX654 ...... 302481 WATONGA, OK ...... BG SOURCES, INC. NUCENTRIX SPECTRUM RE- BMPMD–9950442 ...... MP .... WMX655 ...... 302482 WATONGA, OK ...... CG SOURCES, INC. NUCENTRIX SPECTRUM RE- BPMDB–20011129AAA .... P ...... NEW ...... 308152 ABILENE, TX .... 003 F1 F2 F3 SOURCES, INC. NUCENTRIX SPECTRUM RE- BPMDB–20011129AAD ... P ...... NEW ...... 308157 ABILENE, TX .... 003 E2 E3 E4 SOURCES, INC. OGDEN MDS COMPANY ...... BRMD–9157864 ...... R ...... WFY786 ...... 300730 WATONGA, OK. ORION BROADCASTING SYS- BALMDC–19991112AAG AL ..... WMX626 ...... 302454 ATLANTIC ...... CG TEMS, INC. CITY, NJ. ORION BROADCASTING SYS- BLMPMD–19991123AAE LMP .. WHT752 ...... 300972 ATLANTIC ...... EG TEMS, INC. CITY, NJ. PACIFIC TELESIS SOUTHERN BLMPMD–9950145 ...... LMP .. WNTD998 ...... 301910 RIVERSIDE, CA ...... H2 VIDEO, INC. PACIFIC TELESIS SOUTHERN BLMPMD–9950146 ...... LMP .. WPW94 ...... 302312 RIVERSIDE, CA ...... 1 VIDEO, INC. PACIFIC TELESIS SOUTHERN BLMPMD–9950149 ...... LMP .. WNTL542 ...... 302243 RIVERSIDE, CA ...... H3 VIDEO, INC. PAT BRUGGEMAN ...... BPMDB–20000818DGE ... P ...... NEW ...... 307691 COLUMBUS, ...... H3 OH. PAUL JACKSON ENTERPRISES BMPMD–9750103 ...... MP .... WMY415 ...... 301705 CHATSWORTH, ...... H3 GA. PAUL JACKSON ENTERPRISES BMPMD–9750104 ...... MP .... WMY416 ...... 301706 CHATSWORTH, ...... H2 GA. PAUL JACKSON ENTERPRISES BMPMD–9750105 ...... MP .... WMY417 ...... 301707 CHATSWORTH, ...... H1 GA. PAUL JACKSON ENTER- BPMD–19970106JP ...... P ...... NEW ...... 303703 CHATSWORTH, 102 EG PRISES, INC. GA. PAUL JACKSON ENTER- BPMD–19970106JQ ...... P ...... NEW ...... 303765 CHATSWORTH, 102 FG PRISES, INC. GA. PAUL JACKSON ENTER- BPMD–19970106JR ...... P ...... NEW ...... 303800 CHATSWORTH, 102 1 PRISES, INC. GA. ROBERT J. WALSER ...... BLMPMD–9850054 ...... LMP .. WLW756 ...... 301148 SAN GERMAN, ...... EG PR. ROBERT J. WALSER ...... BMLMD–9750874 ...... ML ..... WLW756 ...... 301148 SAN GERMAN, ...... EG PR.

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MDS AND MMDS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

ROBERT J. WALSER ...... BRMD–20010430AAC ...... R ...... WLW756 ...... 301148 SAN GERMAN, ...... EG PR. RON ABBOUD ...... BLMD–9151617 ...... L ...... WLW992 ...... 301256 OMAHA, NE ...... FG RURALVISION SOUTH, INC ...... BEMD–9750121 ...... E ...... WMX929 ...... 301638 TUCUMCARI, ...... H1 NM. RURALVISION SOUTH, INC ...... BEMD–9750122 ...... E ...... WMX930 ...... 301639 TUCUMCARI, ...... H2 NM. RURALVISION SOUTH, INC ...... BEMD–9750123 ...... E ...... WMX931 ...... 301640 TUCUMCARI, ...... H3 NM. RVS HOLDING CORPORATION BEMD–9850304 ...... E ...... WMY407 ...... 301700 TUCUMCARI, ...... 2A NM. RVS HOLDING CORPORATION BEMD–9850305 ...... E ...... WMY408 ...... 301701 TUCUMCARI, ...... 1 NM. SAN DIEGO MDS COMPANY .... BLMPMD–9550912 ...... LMP .. WHT559 ...... 300827 SAN DIEGO, ...... 2 CA. SATELLITE MICROCABLE BEMD–9750219 ...... E ...... WMY414 ...... 301704 ALPENA, MI ...... 1 PARTNERS. SKYTECH COMMUNICATIONS, BPMDC–9252931 ...... P ...... NEW ...... 302416 LAKE OZARK, INC. MO. SKYTECH COMMUNICATIONS, BPMDC–9252932 ...... P ...... NEW ...... 302417 LAKE OZARK, INC. MO. SOUTHWEST TELECOMMUNI- BPMDC–9651571 ...... P ...... NEW ...... 302423 OSHKOSH, NE ...... CG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651572 ...... P ...... NEW ...... 302424 OSHKOSH, NE ...... DG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651573 ...... P ...... NEW ...... 302425 BARTLEY, NE ...... CG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651574 ...... P ...... NEW ...... 302426 BARTLEY, NE ...... DG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651575 ...... P ...... NEW ...... 302427 WRAY, CO ...... DG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651576 ...... P ...... NEW ...... 302428 WRAY, CO ...... AG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651577 ...... P ...... NEW ...... 302429 WAUNETA, NE ...... DG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651578 ...... P ...... NEW ...... 302430 WAUNETA, NE ...... CG CATIONS COOPERATIVE. SOUTHWEST TELECOMMUNI- BPMDC–9651579 ...... P ...... NEW ...... 302431 NORTH ...... CG CATIONS COOPERATIVE. PLATTE, NE. SOUTHWEST TELECOMMUNI- BPMDC–9651580 ...... P ...... NEW ...... 302432 NORTH ...... DG CATIONS COOPERATIVE. PLATTE, NE. STEVEN A. DAVIE, M.D...... BLMPMD–9850357 ...... LMP .. WGW371 ...... 300747 ROANOKE, VA ...... FG TCM HOLDINGS, INC ...... BALMD–980901QR ...... AL ..... KNSC928 ...... 303756 ALGOOD, TN ... 096 EG TED AND NANCY PHILLIPS BRMD–20010329AFY ...... R ...... WLW782 ...... 301162 SANTA FE, NM ...... EG COMPANY. TELCOM WIRELESS CABLE TV BALMD–9950339 ...... AL ..... WMH473 ...... 301294 LA CROSSE, ...... EG CORP. DBA WISC. WI. TELCOM WIRELESS CABLE TV BRMD–20010402AAS ...... R ...... WMH473 ...... 301294 LA CROSSE, ...... EG CORP. DBA WISC. WI. TELCOM WIRELESS CABLE TV BRMD–20010402AAT ...... R ...... WMH472 ...... 301293 LA CROSSE, ...... FG CORP. DBA WISC. WI. TELCOM WIRELESS CABLE TV BRMD–20010402AAU ...... R ...... WNTI731 ...... 302116 LA CROSSE, ...... HG CORP. DBA WISC. WI. TELCOM WIRELESS CABLE TV BRMDC–20010402AEF ... R ...... WMX643 ...... 302471 LA CROSSE, ...... D2 D3 CORP. DBA WISC. WI. TELCOM WIRELESS CABLE TV BRMDC–20010402AEG ... R ...... WMX633 ...... 302461 LA CROSSE, ...... GG CORP. DBA WISC. WI. TEX-STAR WIRELESS COMM .. BRMD–20010430AAD ...... R ...... WNTK882 ...... 302226 SNYDER, TX ...... H3 TEX-STAR WIRELESS COMMU- BRMD–20010430AAE ...... R ...... WMI373 ...... 301447 SNYDER, TX ...... EG NICATIONS ALPHA. TEX-STAR WIRELESS COMMU- BRMD–20010430AAF ...... R ...... WMI377 ...... 301451 SNYDER, TX ...... FG NICATIONS BETA. THOMAS SCOTT CROSSFIELD BEMD–9651276 ...... E ...... WNTI318 ...... 302085 PORTLAND, ME ...... H2 UNION CITY MICROVISION ...... BEMD–9651135 ...... E ...... WNTK889 ...... 302229 UNION CITY, ...... HG TN. UNION CITY MICROVISION ...... BEMD–9651180 ...... E ...... WNTK889 ...... 302229 UNION CITY, ...... HG TN. UNION CITY MICROVISION ...... BEMD–9651181 ...... E ...... WNTK889 ...... 302229 UNION CITY, ...... HG TN. UNION CITY MICROVISION ...... BRMD–20010330AJQ ...... R ...... WGW505 ...... 300752 UNION CITY, ...... 1 TN.

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MDS AND MMDS APPLICATIONS BEING DISMISSED—Continued

Transmitter city/ Licensee name File No. Purp Call sign Fac ID state BTA Channel list

US WIREFREE OLYMPIA, INC .. BPMDV–20010824AAC ... P ...... NEW ...... 308125 OLYMPIA, WA ...... EG FG VIRGINIA COMMUNICATIONS, BALMD–20010306AAE .... AL ..... KNSC269 ...... 303097 SOUTHSHORE- 359 2A INC. PORTS- MOUTH, OH. VIRGINIA COMMUNICATIONS, BALMD–20010306AAH .... AL ..... KNSC621 ...... 303098 PRESCOTT 362 2A INC. VALLEY, AZ. VIRGINIA COMMUNICATIONS, BALMD–20010306AAK .... AL ..... KNSC373 ...... 303315 ERIE, PA ...... 131 1 INC. VIRGINIA COMMUNICATIONS, BEMD–9750492 ...... E ...... WNTJ765 ...... 302197 HUNTINGTON, ...... H2 INC. WV. VIRGINIA COMMUNICATIONS, BEMD–9750501 ...... E ...... WNTJ808 ...... 302202 HUNTINGTON, ...... H1 INC. WV. WALTER COMMUNICATIONS, BALMD–9551596 ...... AL ..... WMH648 ...... 301339 HARRISBURG, ...... EG INC. PA. WARREN F. ACHE ...... BLMPMD–9750757 ...... LMP .. WLR463 ...... 301108 BROWNSVILLE, ...... FG TX. WARREN F. ACHE ...... BLMPMD–9750912 ...... LMP .. WLR475 ...... 301112 MCALLEN, TX ...... FG WBSR LICENSING CORPORA- BPMDC–9750234 ...... P ...... NEW ...... 302440 ROSEBURG, ...... AG TION. OR. WBSR LICENSING CORPORA- BPMDC–9750235 ...... P ...... NEW ...... 302441 ROSEBURG, ...... BG TION. OR. WBSY LICENSING CORPORA- BLMPMDC–9551639 ...... LMP .. WMX627 ...... 302455 YAKIMA, WA ...... DG TION. WILLIAMSON FAMILY, LTD ...... BPMDH–20010611AAG ... P ...... NEW ...... 307956 YOUNGSTOW- ...... 1 N, OH. WINBEAM, INC ...... BPMDV–20010328AGI ..... P ...... NEW ...... 307986 ALTOONA, PA 012 EG 1 2A WIRELESS BROADCASTING BPMDC–9750236 ...... P ...... NEW ...... 302442 COOS BAY, OR ...... BG SYSTEMS OF AMERICA. WIRELESS BROADCASTING BPMDC–9750237 ...... P ...... NEW ...... 302443 KLAMATH ...... CG SYSTEMS OF AMERICA. FALLS, OR. WIRELESS BROADCASTING BPMDC–9750238 ...... P ...... NEW ...... 302444 KLAMATH ...... AG SYSTEMS OF AMERICA. FALLS, OR. WIRELESS BROADCASTING BPMDC–9750239 ...... P ...... NEW ...... 302445 HELENA, MT ...... AG SYSTEMS OF AMERICA. WIRELESS BROADCASTING BPMDC–9750240 ...... P ...... NEW ...... 302446 HELENA, MT ...... BG SYSTEMS OF AMERICA. WIRELESS BROADCASTING BPMDC–9750241 ...... P ...... NEW ...... 302447 COOS BAY, OR ...... AG SYSTEMS OF AMERICA. WIRELESS INTERNET OF BPMDB–20000818CUV ... P ...... NEW ...... 307457 GREENSBORO, ...... E2 E3 E4 F1 NORTH CAROLINA, INC. NC. WIRELESS INTERNET OF BPMDH–20000818CLT .... P ...... NEW ...... 307208 GREENSBORO, ...... E2 E3 E4 F1 NORTH CAROLINA, INC. NC. WIRELESS ONE PCS, INC ...... BLMPMD–9750726 ...... LMP .. WFY435 ...... 300711 SAN DIEGO, ...... 1 CA. WIRELESS ONE PCS, INC ...... BLMPMD–9750906 ...... LMP .. WFY435 ...... 300711 SAN DIEGO, ...... 1 CA. WIRELESS ONE PCS, INC ...... BMPMD–9750727 ...... MP .... WHJ942 ...... 300790 SAN DIEGO, ...... H1 CA. WIRELESS SUPERVISION T.V., BPMDC–9201314 ...... P ...... NEW ...... 302402 KLAMATH ...... DG INC. FALLS, OR. WIRELESS SUPERVISION T.V., BPMDC–9201315 ...... P ...... NEW ...... 302403 KLAMATH ...... GG INC. FALLS, OR. WORLDCOM BROADBAND SO- BLMPMDB–9950144 ...... LMP .. WPW94B01 .... 200045 GRAND TER- ...... 1 LUTIONS, INC. RACE, CA. WORLDCOM BROADBAND SO- BLMPMDB–9950147 ...... LMP .. WNTD998B01 200043 GRAND TER- ...... H2 LUTIONS, INC. RACE, CA. WORLDCOM BROADBAND SO- BLMPMDB–9950148 ...... LMP .. WNTL542B01 200044 GRAND TER- ...... H3 LUTIONS, INC. RACE, CA. WORLDCOM BROADBAND SO- BRMD–20010402AAF ...... R ...... WKR26 ...... 301018 NEW ORLE- ...... 1 LUTIONS, INC. ANS, LA. WORLDCOM BROADBAND SO- BRMD–9159092 ...... R ...... WOF49 ...... 302293 CHICAGO, IL ...... 1 LUTIONS, INC. WORLDWIDE WIRELESS, LP ... BPMD–20000817AAK ...... P ...... NEW ...... 305381 ELMIRA, NY ..... 127 FG YOUNG COMMUNICATIONS ..... BRMD–9750578 ...... R ...... WNTF452 ...... 301936 OMAHA, NE ...... H1

Petitioner Applicant/Licensee File No./Call sign Pleading type (if not applicant) Filing date

Amarillo Independent School District ...... BPLIF–19910722DD ...... Petition to Deny ...... United States Wireless Cable, 9/20/91 Inc.

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Petitioner Applicant/Licensee File No./Call sign Pleading type (if not applicant) Filing date

Amarillo Independent School District ...... BPLIF–19910722DE ...... Informal objection .... United States Wireless Cable, 9/2/92 Inc. Armstrong State College ...... BPLIF951020VB ...... Petition to Deny ...... Wireless One, Inc...... 1/8/97 ASC Communications, Inc...... 14693–CM–P–83 ...... Petition for Declara- ...... 7/25/94 tory Ruling. ASC Communications, Inc...... WMH541 ...... Petition for Declara- ...... 7/25/94 tory Ruling. ASC Communications, Inc...... BMPMD–9650762 ...... Petition for Relief .... Pacific Telesis Enterprises ...... 1/17/96 ASC Communications, Inc...... WMH541 ...... Petition for Relief .... Pacific Telesis Enterprises ...... 1/17/96 ASC Communications, Inc...... 19991202AAE ...... Waiver Request ...... 12/2/99 ASC Communications, Inc...... WMH541 ...... Waiver Request ...... 12/2/99 Catholic Diocese of Caguas ...... BPLIF–19951020WN ...... Petition to Deny ...... Catholic Diocese of Caguas .... 7/14/98 Champlain College ...... BPIF–19911010DS ...... Petition to Deny ...... Satellite Signals of New Eng- 1/13/92 land, Inc. Concord Community School ...... 92071DB ...... Petition to Deny ...... Jones Community School ...... 6/13/93 Emerson College ...... BPLIF–960919AA ...... Petition to Deny ...... Hispanic Information and Tele- 3/14/97 communications Network, Inc. Emerson College ...... WHR758 ...... Petition to Deny ...... Hispanic Information and Tele- 10/9/97 communications Network, Inc. Emerson College ...... 960919AB ...... Petition to Deny ...... Hispanic Information and Tele- 10/9/97 communications Network, Inc. Hispanic Information and Telecommuni- BPIFH20000818AJO ...... Petition to Deny...... Eastern New England Li- 3/30/01 cations Network, Inc (Tiverton, RI). censee, Inc. Hispanic Information and Telecommuni- WLX690 ...... Petition to Deny...... Eastern New England Li- 3/30/01 cations Network, Inc (Tiverton, RI). censee, Inc. Hispanic Information and Telecommuni- BPIFH–20000818AJO; ..... Petition to Deny ...... Northeastern University ...... 4/2/01 cations Network, Inc (Tiverton, RI). BPIFH20000818AEK ...... Hispanic Information and Telecommuni- BPIFH–20000818AJO ...... Petition to Deny ...... BCTV, Inc...... 6/25/01 cations Network, Inc. (Tiverton, RI). MDS Digital Network, Inc. (Los Angeles, BRMD–20010330ADO ..... Petition to Deny ...... Southern Wireless Video, Inc. 8/1/01 CA). MDS Digital Network, Inc. (Los Angeles, BRMD–20010330AHV ...... Petition to Deny ...... Southern Wireless Video, Inc. 8/1/01 CA). MDS Digital Network, Inc. (Los Angeles, BRMD–20010330AHW ..... Petition to Deny ...... Southern Wireless Video, Inc. 8/1/01 CA). MDS Digital Network, Inc. (Los Angeles, KF179 ...... Petition to Deny ...... Southern Wireless Video, Inc. 8/1/01 CA). MDS Digital Network, Inc. (Los Angeles, KFF79 ...... Petition to Deny ...... Southern Wireless Video, Inc. 8/1/01 CA). MDS Digital Network, Inc. (Los Angeles, WPY40 ...... Petition to Deny ...... Southern Wireless Video, Inc. 8/1/01 CA). Mesa Unified School District #4 ...... BPLIF–19951020QF ...... Petition to Deny ...... Instructional Telecommuni- 9/8/97 cations Foundation, Inc. Norwich University ...... BPLIF–911008DD ...... Petition to Deny ...... Satellite Signals of New Eng- 1/13/92 land, Inc. Reid Institute ...... BPLIF–19951020HN ...... Petition to Deny ...... Instructional Telecommuni- 7/11/97 cations Foundation, Inc. Richmond Hill Christian Academy ...... BPLIF–951020PH ...... Petition to Deny ...... The Board of Public Education 8/6/98 for the City of Savannah and County of Chatham and Wireless Cable of Florida, Inc. Robert Walser ...... 50054–CM–P–98 ...... Petition to Deny ...... Hispanic Information and Tele- 5/15/98 communications Network, Inc. St. Michael’s College ...... BPIF–19911008DQ ...... Petition to Deny ...... Satellite Signals of New Eng- 1/13/92 land, Inc. Technical Trade Institute ...... 9501020SH ...... Informal Objection ... Hispanic Information and Tele- 6/16/97 communications Network, Inc. Tex-Star Wireless Communications ...... BLMD–9350779 ...... Petition for Relief .... Heartland Wireless Commer- 2/25/97 cial Channels, Inc. Tex-Star Wireless Communications ...... BLMD–9350780 ...... Petition for Relief .... Heartland Wireless Commer- 2/25/97 cial Channels, Inc. Tex-Star Wireless Communications ...... BLMD–9450245 ...... Petition for Relief .... Heartland Wireless Commer- 2/25/97 cial Channels, Inc. Tex-Star Wireless Communications ...... WMI373 ...... Petition for Relief .... Heartland Wireless Commer- 2/25/97 cial Channels, Inc. Tex-Star Wireless Communications ...... WMI377 ...... Petition for Relief .... Heartland Wireless Commer- 2/25/97 cial Channels, Inc.

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Petitioner Applicant/Licensee File No./Call sign Pleading type (if not applicant) Filing date

Tex-Star Wireless Communications ...... WNTK882 ...... Petition for Relief .... Heartland Wireless Commer- 2/25/97 cial Channels, Inc. Tex-Star Wireless Communications ...... BRMD–20010430AAE ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 cial Channels, Inc. Tex-Star Wireless Communications ...... BRMD–20010430AAF ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 cial Channels, Inc. Tex-Star Wireless Communications ...... BRMD–20010430AAD ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 cial Channels, Inc. Tex-Star Wireless Communications ...... WMI373 ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 cial Channels, Inc. Tex-Star Wireless Communications ...... WMI377 ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 cial Channels, Inc. Tex-Star Wireless Communications ...... WNTK882 ...... Petition to Deny ...... Heartland Wireless Commer- 8/2/01 cial Channels, Inc. Trocki Hebrew Academy of Atlantic Coun- BPLIF–951020BH ...... Petition to Deny ...... Instructional Telecommuni- 5/6/98 ty. cations Foundation, Inc. Trocki Hebrew Academy of Atlantic Coun- WHR527 ...... Petition to Deny ...... Instructional Telecommuni- 5/6/98 ty. cations Foundation, Inc. Western New Mexico University ...... BMPLIF–951019BL ...... Petition to Deny ...... Hispanic Information and Tele- 7/17/97 communications Network, Inc.

[FR Doc. 03–17831 Filed 7–14–03; 8:45 am] organizations that have the capacity to will be substantially involved in the BILLING CODE 6712–01–P serve persons affected by Alzheimer’s development and execution of the Disease. activities of the grantee. The The award is a cooperative agreement Administration on Aging shall carry out DEPARTMENT OF HEALTH AND because the Administration on Aging the following activities under this HUMAN SERVICES will be substantially involved in the cooperative agreement: collaborate with development and execution of the the Eldercare Locator program and the Administration on Aging (AoA) activities of the grantee. The Support Center in the development, Administration on Aging shall carry out [Program Announcement No. AoA–03–07] modification and execution of the the following activities under this project work plan; provide technical Fiscal Year 2003 Consolidated cooperative agreement: collaborate with advice in the development of Program Announcement; Availability the National Alzheimer’s Call Center in promotional and technical assistance of Funds and Notice Regarding the development, modification and materials; and provide consultation in Applications execution of the project work plan; identifying emerging aging and provide technical advice in the information & referral issues to better AGENCY: Administration on Aging, HHS. development of promotional and guide the work of the project. ACTION: Fiscal Year 2003 AoA technical assistance materials; and Consolidated Program Announcement provide coordination between the main AoA–03–07 C: Evidence-Based of availability of funds and request for program grantee and other technical Prevention Program applications for thirteen (13) priority assistance and evaluation components. AoA plans to make grant awards for areas. AoA–03–07 B: Eldercare Locator six (6) to eight (8) Evidence-Based SUMMARY: The Administration on Aging Program and the National Aging Prevention Program Grants for the announces that under this consolidated Information & Referral Support Center Elderly at a federal share of program announcement it will hold a AoA plans to fund one cooperative approximately $200,000 to $250,000 per competition for grant awards and agreement through this competition. year for a project period up to 3 years. cooperative agreements. Below is the The project will be funded at a federal The purpose of the Evidence-Based list of the thirteen priority areas share of approximately $1,175,000 per Prevention Program Grants is to identified by number, letter and name: year for a project period up to five (5) demonstrate how the Aging Services A separate application must be years. Network, through its Community Aging submitted if application is made for The AoA will fund the cooperative Services Provider organizations in more than one priority area. agreement to continue and explore partnership with other important expansion of the Eldercare Locator, a community organizations, can maximize AoA–03–07 A: Alzheimer’s—National program that links older persons and the health and quality of life for older Call Center their caregivers to Older Americans Act persons by translating previous research AoA plans to fund one (1) cooperative (OAA) programs and services. In into evidence-based intervention agreement at a federal share of addition, the project will continue models that prevent or delay the approximately $963,500 per year for a operation of the National Aging progression of disability and/or disease. project period up to 3 years. The Information & Referral Support Center AoA–03–07 D: Evidence-Based purpose of this project is to implement to provide technical assistance and Prevention Program for the Elderly— and operate a National Alzheimer’s Call training to the aging network to improve National Resource Center Center. The Call Center will be a and enhance OAA information & national information, counseling and referral systems. AoA plans to fund one cooperative assistance program coordinated through The award is a cooperative agreement agreement through this competition. a national network of community-based because the Administration on Aging The project will be funded at a federal

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share of approximately $500,000 per The applicant must include four products to meet the special needs of year for a project period up to three major areas that are identified here with disadvantaged populations, including years. This grant will be issued as a recommended funding amounts: limited-English speaking individuals. Technical Assistance: $250,000; cooperative agreement because AoA The award is a cooperative agreement Model Projects: $500,000; Helping At- anticipates having substantial because the Administration on Aging involvement with the recipient during Risk Youth: $130,584; Evaluation: will be substantially involved in the the performance of the funded activities. $100,000. development and execution of the The involvement may include The purpose of the grant award is to collaboration, participation, or support a National Center for Family activities of the grantee. The intervention in the funded activities. Friends to provide training, technical Administration on Aging shall carry out The types of activities funded under the assistance and guidance to local Family the following activities under this cooperative agreement include technical Friends projects; further build and cooperative agreement: collaborate with assistance to AoA demonstration support a national system of Family the Center in the development, grantees in the development of Friends projects by soliciting and modification and execution of the evidence-based disability and disease awarding grants through a competition Center work plan; provide technical prevention programs and practices; for model projects, support projects that advice in the development of elder assistance to additional parts of the foster innovative approaches/models for abuse prevention informational aging network in the development of expanding the Family Friends program materials; and provide consultation in similar programs; development of a to at-risk youth; conduct a program identifying emerging elder abuse issues comprehensive knowledge base focused evaluation; and disseminate and in developing and maintaining a on intervention models for the elderly information. system of state and community-based that prevent the progression of AoA–03–07 F: Health Disparities elder rights networks made up of service disability; identification and/or Among Minority Elderly Individuals— providers funded under the Older construction of manuals and resources Technical Assistance Centers Americans Act. to help implement related programs; AoA plans to make approximately AoA–03–07 H: Nutrition, Physical assistance to AoA in developing and five grant awards for new projects hosting a National Conference on Activity and Aging—National Resource through this competition, for a total of Center Evidence-Based Disability and Disease $932,598 in FY 2003. Each project Prevention for the Elderly and, other should focus on health disparities in AoA plans to fund one cooperative related tasks. one of the following four major racial agreement through this competition. AoA–03–07 E: Family Friends and ethnic minority groups: African The project will be funded at a federal American (1 project @ $149,025); Native share of approximately $480,000 per AoA plans to fund one cooperative American and Alaska Native (1 project year for a project period up to three (3) agreement through this competition. It @ $129,155); persons of Hispanic origin years. The purpose of this cooperative is anticipated that approximately (up to 2 projects @ $149,025 each); and $980,584 is available as the federal agreement is to enhance knowledge Asian American and Pacific Islander (1 about the health promotion/disease share of the project, per year for a project up to $356,369). The projects prevention aspects of nutrition and project period up to three (3) years. The will be funded for a project period up physical activity for older adults and award is a cooperative agreement to three (3) years. The grant awards will thereby increase and improve the because the Administration on Aging develop culturally and linguistically will be substantially involved in the front line health promotion and disease delivery of these services to them development and execution of the prevention strategies in the minority throughout the aging network. activities of the grantee. The groups. Projects will develop practical, AoA and the Center will work Administration on Aging shall carry out nontraditional, community-based cooperatively in the development of the the following activities under this interventions for reaching older Center’s plan of work; in the award cooperative agreement: collaborate with individuals who experience barriers to process and implementation of the Center in the development, access that can be attributed to language subcontracts and of physical activity modification and execution of the and low literacy as well as other barriers and nutrition mini-grants for USA on Center work plan, including the Center’s directly related to cultural diversity. the Move: Steps to Healthy Aging; as plan for evaluating its activities and the well as with other Center activities. The local projects; provide technical advice AoA–03–07 G: National Center on Elder AoA will work collaboratively with the in the development of technical Abuse Center to develop a system to set assistance and informational materials; AoA plans to fund one cooperative priorities for research, materials and provide consultation in identifying agreement at $809,703 per year, for a emerging issues and in developing and project period up to three (3) years. The development, training and technical maintaining a national network of National Center on Elder Abuse (NCEA) assistance, and/or dissemination. There Family Friends projects. The Center will incorporate the latest technology to will be substantial AoA involvement in shall carry out the following activities generate and disseminate knowledge determining guidance regarding The under this cooperative agreement: that can build and strengthen elder Dietary Guidelines, The Dietary collaborate with the Administration on rights networks and enhance the Reference Intakes, and implementation Aging in the development, modification, effectiveness of state and community- of food safety and food service and execution of the Center work plan; based elder abuse prevention and administration. Whenever possible, assist the Administration on Aging in intervention programs. It will serve as a AoA will share with the Center developing and sustaining the national national clearinghouse of information information about other Federally network of Family Friends projects and on all forms of elder abuse, including supported projects and Federal in responding to inquiries from the physical, psychological, sexual and activities relevant to its areas of primary field; and evaluate the impact of Center financial abuse; neglect and self-neglect. concern. activities and the local projects. NCEA will tailor its activities and work

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AoA–03–07 I: Older Indians, Alaska develop demonstration projects that will of a national toll-free pension assistance Natives and Native Hawaiians— provide counseling and information to call center. The project will also National Resource Centers better help these individuals understand develop and test an expert system to AoA plans to fund two (2) cooperative and enforce their pension rights. The manage the information call center that agreements under this competition. projects should provide outreach, operators will use in assisting callers. Each Center will be funded at a federal information, counseling, referral, and The project will then test these systems share of approximately $345,000 per other assistance regarding pensions and for usability and, in conjunction with other retirement income benefits from AoA, staff, market, and initiate the call year, for a project period up to three (3) private (pre-, post-, and non-ERISA center service to Americans with years. plans) as well as federal and state pension or retirement income plan The Centers will focus on issues and government pension systems. The AoA questions or problems. concerns affecting individuals who are expects these projects to build on the older Indians, Alaska Natives and AoA–03–07 L: Retirement Planning and experience of the existing and Native Hawaiians. The primary goal of Assistance for Women previously funded projects and these Centers is to enhance knowledge demonstrations. Specifically, the AoA AoA plans to award one cooperative about older Native Americans and expects applicants to propose the agreement to support a National thereby increase and improve the implementation and improvement of the Resource Center on Women and delivery of services to them. With this most appropriate and effective methods Retirement. The federal share will be up goal in mind, the Centers will to ensure that Americans eligible for to $248,376 per year, for a project period concentrate on the development and pension and other retirement income up to three (3) years. The Center will provision of technical information and benefits have the requisite knowledge, incorporate the latest technology to expertise to Indian tribal organizations, information and counseling to fully generate and disseminate knowledge in Native American communities, exercise their rights and entitlements. appropriately packaged forms that can educational institutions including assist women, especially low-income Tribal Colleges and Universities, and AoA–03–07 K: Pension Technical women and women of color, to build professionals and paraprofessionals in Assistance Project—National and strengthen their capacity to plan for the field. Each Center must have a AoA plans to fund one (1) national their economic security in later life. The national focus and direct its resources to technical assistance grant that will Center will serve as a national one or more of the areas of primary strengthen the role of its Pension clearinghouse of tools and information concern specified in the full Program Counseling and Information Projects on retirement planning and related Announcement. In addition, each and encourage coordination between the financial materials. The Center will Center must provide short term applied projects, State and Area Agencies on tailor its activities and work products to research, education, and dissemination Aging and legal services providers for meet the special needs of disadvantaged of information and promote the older Americans by providing women and their families, including collaboration between Titles VI and III substantive legal training, technical limited-English speaking individuals. of the OAA, as amended, as well as with assistance and programmatic The award will be made in the form other relevant Federal programs. consultation. The project will also of a cooperative agreement because the This award is a cooperative agreement design and develop a national Pension Administration on Aging will be because the Administration on Aging Assistance Call Center to provide substantially involved in the (AoA) will be substantially involved in information and referral services to development and execution of the the development and execution of the anyone in the country with pension or activities conducted by the grantee. activities of the grantees. The AoA and retirement income plan questions or Accordingly, under this cooperative the Centers will work cooperatively in problems. The project will be funded at agreement, AoA shall carry out the the development of Center agendas and a federal share of approximately following activities: collaborate with the awarding of subcontracts. The AoA will $400,000 per year, for a project period Center on the development, work with the Centers to develop a up to three (3) years. The technical modification and execution of the system to set priorities for research, assistance project will serve two Center work plan; provide technical training and technical assistance, primary functions. First, the project will advice on the identification, adaptation education, and/or dissemination as well provide substantive legal training and and development of financial and as addressing AoA’s priority areas. technical assistance, as well as retirement planning informational Whenever possible, AoA will share with programmatic consultation to the materials for women; and consult on the the Centers information about other Pension Counseling and Information identification of emerging issues, federally supported projects and Federal Project network, State and Area potential strategies and their impact activities relevant to its areas of primary Agencies on Aging, and legal services nationwide. concern. providers for older Americans. Through this function, the project will strengthen AoA–03–07 M: Senior Legal Services— AoA–03–07 J: Pension Information and the presence and effectiveness of the Enhancement of Access Counseling Projects—Regional pension counseling network by AoA plans to fund approximately AoA plans to fund two (2) regional coordinating and encouraging close three (3) to four (4) new statewide grants pension counseling and information cooperation among the Pension through this competition. Each project grants through this competition. Each Counseling Projects, government will be funded at a federal share of regional project will be funded at a pension agencies, private pension approximately $100,000–$150,000 per federal share of approximately $150,000 professionals and the media. Second, year, for a project period up to three (3) per year, for a project period up to three the project will design and develop a years, the amount roughly proportionate (3) years. comprehensive electronic database of to the state’s senior population and the The grant awards are to assist older pension and retirement income-related availability of federal funds. workers and retirees and their families information, government agencies, These grants provide states with a to maneuver their way through the private professionals and other cost-effective way to increase the pension maze. The AoA grants are to resources to serve as the underpinning number of seniors who receive legal

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assistance. Building upon methods AoA–03–07 A: Alzheimer’s—National disease and disability prevention for previously tested under Title IV of the Call Center older adults within the context of the OAA, such as statewide legal hot lines, National nonprofit organizations, aging network and health care systems; self-help offices, interactive websites, including faith-based organizations, are compiling, analyzing, synthesizing, and and collaborative efforts, these grants eligible to apply for the following disseminating information on disease can enhance access to legal services for priority area: and disability prevention among older underserved seniors. adults to a diverse audience, including AoA–03–07 D: Evidence-Based Legislative authority: The Older social and health professionals. Prevention Program for the Elderly— Americans Act, Public Law 106–501 National Resource Center AoA–03–07 E: Family Friends (Catalog of Federal Domestic Assistance Institutions of higher education are Applicants must demonstrate 93.048, Title IV and Title II, experience in providing services to Discretionary Projects). eligible to apply for the following priority areas: senior volunteers and to children or Eligibility for grant awards and other youth who are disabled or at-risk. requirements: Public and/or nonprofit AoA–03–07 H: Nutrition, Physical agencies and organizations, including Activity and Aging—National Resource AoA–03–07 G: National Center on Elder faith-based and community-based Center Abuse Applicants must demonstrate a organizations, are eligible to apply for AoA–03–07 I: Older Indians, Alaska proven track record of expert knowledge the following priority areas: Natives and Native Hawaiians— concerning the operation and National Resource Centers AoA–03–07 B: Eldercare Locator organization of elder abuse programs at Program and the National Aging Special Qualifications Required national, state, and local levels, as well Information & Referral Support Center as the requisite organizational capacity AoA–03–07 A: Alzheimer’s—National to carry out the activities of the Center AoA–03–07 L: Retirement Planning and Call Center Assistance for Women on a national scale. Applicants must involve community- AoA–03–07 M: Senior Legal Services— based organizations in the operation of AoA–03–07 H: Nutrition, Physical Enhancement of Access the National Alzheimer’s Call Center to Activity and Aging—National Resource ensure local, on-the-ground capacity to Center State or area agencies on aging, and respond to emergency and on-going Applicants must demonstrate a direct nonprofit organizations, including needs of Alzheimer’s patients, their experience in conducting applied community-based and faith-based families, and informal caregivers. research on nutrition and physical organizations, are eligible to apply for activity for older adults, developing the following priority areas: AoA–03–07 B: Eldercare Locator technical assistance materials for the Program and the National Aging aging network in these areas, training AoA–03–07 J: Pension Information and Information & Referral Support Center Counseling Projects—Regional and technical assistance to all levels of Applicants must demonstrate current the aging network, and implementing AoA–03–07 K: Pension Technical knowledge of the Eldercare Locator, nutrition and physical activity related Assistance Project—National extensive knowledge in providing demonstration programs across the Public and/or nonprofit agencies and information & assistance to older continuum of care. national organizations, including faith- persons and their caregivers, extensive knowledge of the Aging Services AoA–03–07 I: Older Indians, Alaska based organizations, are eligible to Natives and Native Hawaiians— apply for the following priority area: Network, and experience in providing training and technical assistance to that National Resource Centers AoA–03–07 F: Health Disparities Network. Applicants must have experience Among Minority Elderly Individuals— conducting research and assessment on AoA–03–07 C: Evidence-Based Technical Assistance Centers the needs of older individuals. Current Prevention Program Resource Centers are also eligible to Public and/or nonprofit agencies, Applicants must be local public and/ apply. organizations, or institutions, including or nonprofit service providers that AoA–03–07 J: Pension Information and faith-based organizations, are eligible to primarily provide home and Counseling Projects—Regional apply for the following priority areas: community-based social services to Applicants must have a proven record AoA–03–07 E: Family Friends older persons and are funded at least in part through the Older Americans Act. of providing pension counseling and/or AoA–03–07 G: National Center on Elder other services directly related to the Abuse AoA–03–07 D: Evidence-Based retirement income security of older Prevention Programs for the Elderly— individuals. Applicants providing these Local public and/or nonprofit National Resource Center services to Native Americans are agencies and organizations, including Applicants must demonstrate encouraged to apply. While the term faith-based and community-based expertise in working with Community ‘‘regional’’ is not specifically defined, it organizations are eligible to apply for Aging Service Programs to develop and will generally be interpreted to mean the following priority area: implement evidence-based prevention two (2) or more states; for applicants AoA–03–07 C: Evidence-Based programs for the elderly. The proposing a single-state ‘‘region’’ Prevention Program organization should have direct additional justification will be required. experience in: applied research and Preference in awarding funds will be Nonprofit agencies and organizations, evaluation with older adults; providing given to applicants who are experienced including faith-based and community- training and technical assistance at all in providing statewide or regional based organizations, are eligible to levels of the aging network; developing pension and retirement income benefits apply for the following priority area: of documents to support aspects of counseling and information services.

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AoA–03–07 K: Pension Technical 3. The Project Narrative must not Call Center—Lori Stalbaum (202) 357– Assistance Project—National exceed 25 pages. 3452; e-mail [email protected]. AoA–03–07 B: Eldercare Locator Applicants must have a proven record Review of Applications of providing pension counseling and/or Program and the National Aging other services directly related to the Applications will be evaluated against Information & Referral Support Center— retirement income security of older the following criteria: Approach, Work Sherri Clark (202) 357–3506; e-mail individuals. Applicants providing these Plan and Activities (30 points); Project [email protected]. services to Native Americans are Outcomes, Evaluation and AoA–03–07 C: Evidence-Based encouraged to apply. Dissemination (30 points); Purpose and Prevention Program—Donald Grantt, Need for Assistance (20 points); Level of (202) 357–3447; e-mail AoA–03–07 L: Retirement Planning and Effort (20 points). [email protected]. Assistance for Women DATES: The deadline date for the AoA–03–07 D: Evidence-Based To be considered for funding, submission of applications for all Prevention Program for the Elderly— applicants must demonstrate extensive priority areas is August 15, 2003. National Resource Center—Donald knowledge and a proven track record of Grantt, (202) 357–3447; e-mail ADDRESSES: Application kits are expertise concerning the nature of [email protected]. available by writing to the U.S. financial and retirement education, AoA–03–07 E: Family Friends—Joyce Department of Health and Human economic security and women, and Hubbard (202) 357–3462; e-mail Services, Administration on Aging, strategies for communicating complex [email protected]. Office of Grants Management, information to low income women and AoA–03–07 F: Health Disparities Washington, DC 20201, by calling (202) women of color in a nationwide arena. among Minority Elderly Individuals— 357–3440, or online at http:// Technical Assistance Centers—Dianne AoA–03–07 M: Senior Legal Services— www.aoa.gov/egrants. Freeman (202) 357–3536; e-mail Enhancement of Access Applications may be mailed to the [email protected]. To be considered for funding, U.S. Department of Health and Human AoA–03–07 G: National Center on applicants must be experienced in Services, Administration on Aging, Elder Abuse—Brandt Chvirko (202) providing legal assistance to older Office of Grants Management, 357–3535; e-mail persons. Washington, DC 20201, attn: Margaret [email protected]. Tolson. Please identify the application AoA–03–07 H: Nutrition, Physical Non-Federal Match by priority area (e.g.. AoA–03–07 A). Activity and Aging—National Resource Grantees for all thirteen priority areas Applications may be delivered to the Center—Jean Lloyd (202) 357–3582; e- are required to cover at least 25% of the U.S. Department of Health and Human mail [email protected]. total program costs from non-federal Services, Administration on Aging, AoA–03–07 I: Older Indians, Alaska cash or in-kind resources. Grantees must Office of Grants Management, One Natives and Native Hawaiians— contribute at least one (1) dollar in non- Massachusetts Avenue, NW., Room National Resource Centers—Margaret federal cash or in-kind resources for 4604, Washington, DC 20001, attn: Graves (202) 357–3502; e-mail every three (3) dollars received in Margaret Tolson (identify priority area). [email protected]. federal funding. If you elect to mail or hand deliver AoA–03–07 J Pension Information and Executive Order 12372 is not your application you must submit one Counseling Projects—Regional—Valerie applicable to these grant applications. original and two copies of the Soroka (202) 357–3531; e-mail Screening Criteria application; an acknowledgement card [email protected]. will be mailed to applicants. AoA–03–07 K: Pension Technical In order for an application to be Instructions for electronic mailing of Assistance Project—National—Valerie reviewed, it must meet the following grant applications are available at Soroka (202) 357–3531; e-mail screening requirements: http://www.aoa.gov/egrants/. [email protected]. 1. Applications must be postmarked AoA–03–07 L: Retirement Planning by midnight, August 15, 2003, or hand- SUPPLEMENTARY INFORMATION: All grant applicants are encouraged to obtain a and Assistance for Women—Dianne delivered by 5:30 p.m. Eastern Time on Freeman (202) 357–3536; e-mail August 15, 2003, or submitted D–U–N–S number from Dun and Bradstreet. It is a nine-digit [email protected]. electronically by midnight, August 15, AoA–03–07 M: Senior Legal 2003. Electronic submissions must be identification number, which provides unique identifiers of single business Services—Enhancement of Access— sent to http://www.aoa.gov/egrants. Valerie Soroka (202) 357–3531; e-mail 2. The Project Narrative section of the entities. The D–U–N–S number is free [email protected]. Application must be double-spaced, on and easy to obtain from http:// _ single-sided 81⁄2″ x 11″ plain white www.dnb.com/US/duns update/. Dated: July 10, 2003. paper with 1″ margins on both sides, FOR FURTHER INFORMATION CONTACT: Josefina G. Carbonell, and a font size of not less that 11. AoA–03–07 A: Alzheimer’s—National Assistant Secretary for Aging.

AOA CONSOLIDATED PROGRAM ANNOUNCEMENT

Who may apply Estimated Grant opportunity Application (In addition, note special qualifica- Maximum award Maximum projected number of deadline tions required) period awards

A. Alzheimer’s—National Aug. 15, 2003 ... Nonprofit agencies and organiza- $963,500 ...... 36 months ...... 1 Call Center (CFDA tions including faith-based and 93048). community-based organizations.

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AOA CONSOLIDATED PROGRAM ANNOUNCEMENT—Continued

Who may apply Estimated Grant opportunity Application (In addition, note special qualifica- Maximum award Maximum projected number of deadline tions required) period awards

B. Eldercare Locator Pro- Aug. 15, 2003... Public and/or nonprofit agencies $1,175,000 ...... 60 months ...... 1 gram and the National and organizations, including Aging Information & Re- faith-based and community- ferral Support Center based organizations. (CFDA 93048). C. Evidence-Based Pre- Aug. 15, 2003 ... Local public and/or nonprofit agen- $250,000 ...... 36 months ...... 6–8 vention Program (CFDA cies and organizations, including 93.048). faith-based and community- based organizations. D. Evidence-Based Pre- Aug. 15, 2003 ... National nonprofit organizations, $500,000 ...... 36 months ...... 1 vention Program for the including faith-based organiza- Elderly—National Re- tions. source Center (CFDA 93.048). E. Family Friends (CFDA Aug. 15, 2003... Public and/or nonprofit agencies $980,584 ...... 36 months ...... 1 93.048). and organizations, including faith-based and community- based organizations. F. Health Disparities Aug. 15, 2003... Public and/or nonprofit agencies $932,598 total; range 36 months ...... 5 among Minority Elderly and national organizations, in- $129,000–$356,000. Individuals—Technical cluding faith-based organizations. Assistance Centers (CFDA 93.048). G. National Center on Aug. 15, 2003... Public and/or nonprofit agencies, $809,703 ...... 36 months ...... 1 Elder Abuse (CFDA organizations, or institutions, in- 93.048). cluding faith-based organizations. H. Nutrition, Physical Ac- Aug. 15, 2003 ... Institutions of Higher Education ..... $480,000 ...... 36 months ...... 1 tivity and Aging—Na- tional Resource Center (CFDA 93.048). I. Older Indians, Alaska Aug. 15, 2003 ... Institution of Higher Education ...... $345,000 ...... 36 months ...... 2 Natives and Native Hawaiians—National Resource Centers (CFDA 93.048). J. Pension Information and Aug. 15, 2003 ... State or area agencies on aging, $150,000 ...... 36 months ...... 2 Counseling Projects— and nonprofit organizations, in- Regional (CFDA 93.048). cluding community-based and faith-based organizations. K. Pension Technical As- Aug. 15, 2003 ... State or area agencies on aging, $400,000 ...... 36 months ...... 1 sistance Project—Na- and nonprofit organizations, in- tional (CGDA 93l.048). cluding community-based and faith-based organizations. L. Retirement Planning Aug. 15, 2003... Public and/or nonprofit agencies $248,376 ...... 36 months ...... 1 and Assistance for and organizations, including Women (CFDA 93.048). faith-based and community- based organizations. M. Senior Legal Aug. 15, 2003... Public and/or nonprofit agencies $100,000 to $150,000 36 months ...... 4 Services—Enhancement and organizations, including of Access (CFDA faith-based and community- 93.048). based organizations.

[FR Doc. 03–17914 Filed 7–14–03; 8:45 am] DEPARTMENT OF HEALTH AND proposed data collection projects, the BILLING CODE 4154–01–P HUMAN SERVICES Centers for Disease Control and Prevention (CDC) will publish periodic Centers for Disease Control and summaries of proposed projects. To Prevention request more information on the [60Day–03–92] proposed projects or to obtain a copy of the data collection plans and Proposed Data Collections Submitted instruments, call the CDC Reports for Public Comment and Clearance Officer on (404) 498–1210. Recommendations Comments are invited on: (a) Whether In compliance with the requirement the proposed collection of information of Section 3506(c)(2)(A) of the is necessary for the proper performance Paperwork Reduction Act of 1995 for of the functions of the agency, including opportunity for public comment on whether the information shall have

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practical utility; (b) the accuracy of the Proposed Project: List of Ingredients undertake research, and submit an agency’s estimate of the burden of the Added to Tobacco in the Manufacture of annual report to Congress (as deemed proposed collection of information; (c) Cigarette Products (OMB No. 0920– appropriate) discussing the health ways to enhance the quality, utility, and 0210)—Extension—National Center for effects of cigarette ingredients. HHS has clarity of the information to be Chronic Disease Prevention and Health delegated responsibility for the collected; and (d) ways to minimize the Promotion (NCCDPHP), Centers for implementation of this Act to CDC’s burden of the collection of information Disease Control and Prevention (CDC). Office on Smoking and Health (OSH). on respondents, including through the The Comprehensive Smoking OSH has collected ingredient reports on use of automated collection techniques Education Act of 1984 (15 U.S.C. 1336 cigarette products since 1986. Cigarette or other forms of information or Pub. L. 98–474) requires each person smoking is the leading preventable technology. Send comments to Anne who manufactures, packages, or imports cause of premature death and disability O’Connor, CDC Assistant Reports cigarettes to provide the Secretary of in our Nation. Each year more than Clearance Officer, 1600 Clifton Road, Health and Human Services (HHS) with 400,000 premature deaths occur as the MS–D24, Atlanta, GA 30333. Written a list of ingredients added to tobacco in result of cigarette smoking related comments should be received within 60 the manufacture of cigarettes. This diseases. The costs to respondents is days of this notice. legislation also authorizes HHS to their time to complete the survey.

Average bur- Number of Number of re- den per Total burden Respondents respondents sponses per response (in hrs.) respondent (in hrs.)

Cigarette Manufacturers ...... 38 1 37 1418

Total ...... 1418

Dated: July 9, 2003. the data collection plans and for Disease Control and Prevention Thomas A. Bartenfeld, instruments, call the CDC Reports (CDC). Acting Associate Director for Policy, Planning Clearance Officer on (404) 498–1210. The Comprehensive Smokeless and Evaluation, Centers for Disease Control Comments are invited on: (a) Whether Tobacco Health Education Act of 1986 and Prevention. the proposed collection of information (15 U.S.C. 4401 et seq., Pub. L. 99–252) is necessary for the proper performance [FR Doc. 03–17810 Filed 7–14–03; 8:45 am] requires each person who manufactures, of the functions of the agency, including BILLING CODE 4163–18–P packages, or imports smokeless tobacco whether the information shall have (SLT) products to provide the Secretary practical utility; (b) the accuracy of the of Health and Human Services (HHS) DEPARTMENT OF HEALTH AND agency’s estimate of the burden of the with a list of ingredients added to HUMAN SERVICES proposed collection of information; (c) ways to enhance the quality, utility, and tobacco in the manufacture of smokeless Centers for Disease Control and clarity of the information to be tobacco products. This legislation also Prevention collected; and (d) ways to minimize the authorizes HHS to undertake research, and submit an annual report to the [60Day–03–93] burden of the collection of information on respondents, including through the Congress (as deemed appropriate), discussing the health effects of Proposed Data Collections Submitted use of automated collection techniques ingredients in smokeless tobacco for Public Comment and or other forms of information Recommendations technology. Send comments to Anne products. HHS delegated O’Connor, CDC Assistant Reports responsibilities for the implementation In compliance with the requirement Clearance Officer, 1600 Clifton Road, of this Act to CDC’s Office on Smoking of Section 3506(c)(2)(A) of the MS-D24, Atlanta, GA 30333. Written and Health (OSH). The oral use of SLT Paperwork Reduction Act of 1995 for comments should be received within 60 represents a significant health risk opportunity for public comment on days of this notice. which can cause cancer and a number proposed data collection projects, the Proposed Project: List of Ingredients of non-cancerous oral conditions, and Centers for Disease Control and Added to Tobacco in the Manufacture of can lead to nicotine addiction and Prevention (CDC) will publish periodic Smokeless Tobacco Products (OMB No. dependence. Furthermore, SLT use is summaries of proposed projects. To 920–0338—Extension—National Center not a safe substitute for cigarette request more information on the for Chronic Disease Prevention and smoking. The total cost to respondents proposed projects or to obtain a copy of Health Promotion (NCCDPHP), Centers is their time to complete survey.

Average bur- Number of Number of re- den per Total burden Respondents respondents sponses per response (in hrs.) respondent (in hrs.)

Smokeless Tobacco Manufacturers ...... 6 1 42 254

Total ...... 254

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Dated: July 9, 2003. ways to enhance the quality, utility, and characteristics of nursing homes (e.g. Thomas A. Bartenfeld, clarity of the information to be Medicare and Medicaid certification, Acting Associate Director for Policy, Planning collected; and (d) ways to minimize the ownership, membership in chains/ and Evaluation, Centers for Disease Control burden of the collection of information HMO/hospital systems), residents (e.g. and Prevention. on respondents, including through the demographics, functional status, [FR Doc. 03–17811 Filed 7–14–03; 8:45 am] use of automated collection techniques services received, diagnoses, sources of BILLING CODE 4163–18–P or other forms of information payment), and staff (e.g. staffing mix, technology. Send comments to Anne turnover, benefits, training, education). O’Connor, CDC Assistant Reports The survey provides detailed DEPARTMENT OF HEALTH AND Clearance Officer, 1600 Clifton Road, information on utilization and staffing HUMAN SERVICES MS-D24, Atlanta, GA 30333. Written patterns, and quality of care variables comments should be received within 60 that is needed in order to make accurate Centers for Disease Control and days of this notice. assessments of the need for and effects Prevention Proposed Project: National Nursing of changes in the provision and [60Day–03–94] Home Survey (NNHS) 2004–2007 (OMB financing of long-term care for the No. 0920–0353)—Revision—National elderly. The availability and use of long- Proposed Data Collections Submitted Center for Health Statistics (NCHS), term care services are becoming an for Public Comment and Centers for Disease Control and increasingly important issue as the Recommendations Prevention (CDC). number of elderly increases and persons In compliance with the requirement Section 306 of the Public Health with disabilities live longer. Equally as of Section 3506(c)(2)(A) of the Service Act states that the National important is ensuring the adequacy and Paperwork Reduction Act of 1995 for Center for Health Statistics ‘‘shall availability of the long-term care opportunity for public comment on collect statistics on health resources workforce. Data from the NNHS have proposed data collection projects, the * * * [and] utilization of health care, been used by federal agencies, Centers for Disease Control and including utilization of * * * services professional organizations, private Prevention (CDC) will publish periodic of hospitals, extended care facilities, industry, and the media. summaries of proposed projects. To home health agencies, and other NCHS plans to conduct the next request more information on the institutions.’’ The data system NNHS in March-June 2004 with a repeat proposed projects or to obtain a copy of responsible for collecting this data is the of the survey in 2006. This national the data collection plans and National Health Care Survey (NHCS). survey follows a pretest of forms and instruments, call the CDC Reports The National Nursing Home Survey procedures conducted in June-July Clearance Officer on (404)498–1210. (NNHS) is part of the Long-term Care 2003. The data collection forms and Comments are invited on: (a) Whether Component of the NHCS. The NNHS procedures have been extensively the proposed collection of information was conducted in 1973–74, 1977, 1985, revised from the previous NNHS. The is necessary for the proper performance 1995, 1997, and 1999. NNHS data 2004 NNHS will be based on computer- of the functions of the agency, including describe a major segment of the long- assisted personal interview (CAPI) and whether the information shall have term care system and are used computer-assisted telephone interview practical utility; (b) the accuracy of the extensively for health care research, (CATI) methodologies. The total cost to agency’s estimate of the burden of the health planning and public policy. respondents is their time to complete proposed collection of information; (c) NNHS provides data on the the survey.

Average burden Respondents No. of No. of responses per responses Total burden respondents per respondent (in hrs.) (in hrs.)

Facility Questionnaire ...... 3,000 1 20/60 1,000 Nursing Home Staff Questionnaire ...... 3,000 1 2.5 7,500 Current/Discharge Resident Sampling List ...... 3,000 1 20/60 1,000 Current Resident Questionnaire ...... 3,000 8 25/60 10,000 Discharged Resident Questionnaire ...... 3,000 8 25/60 10,000 Direct Care Worker Sampling List ...... 3,000 1 10/60 500 Direct Care Worker Questionnaire ...... 1,800 4 30/60 3,600

Total ...... 33,600

Dated: July 9, 2003. DEPARTMENT OF HEALTH AND A. Authority and Catalog of Federal Thomas A. Bartenfeld, HUMAN SERVICES Domestic Assistance Number Acting Associate Director for Policy, Planning This program is authorized under the Centers for Disease Control and and Evaluation, Centers for Disease Control Public Health Service Act sections Prevention and Prevention. 301(a) [42 U.S.C. 241(a)], 317(k)(1) [42 [FR Doc. 03–17812 Filed 7–14–03; 8:45 am] U.S.C. 247b(k)(1)], and 317(k)(2) [42 [Program Announcement 03188] BILLING CODE 4163–18–P U.S.C. 247b(k)(2)], as amended. The Emerging Infections Program—FY03 Catalog of Federal Domestic Assistance Competitive Supplement; Notice of number is 93.283. Availability of Funds B. Purpose Application Deadline: August 14, The Centers for Disease Control and 2003. Prevention (CDC) announces the

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availability of fiscal year (FY) 2003 ten current Emerging Infections Program Project B—Enhanced Surveillance for funds for competitive supplemental grantees: California, Colorado, Viral Hepatitis awards to current grantees of the Connecticut, Georgia, Maryland, Approximately $300,000–400,000 is Emerging Infections Programs (EIPs) Minnesota, New Mexico, New York, available in FY 2003 to fund two to cooperative agreements. This program Oregon, and Tennessee. three awards. Funding will begin on or addresses the ‘‘Healthy People 2010’’ Eligibility is limited to existing EIP about September 1, 2003 and be made priority areas of Immunization and grantees because EIPs are population- for the remainder of the current EIP Infectious Diseases. budget period that expires December 29, These supplemental funds are based centers designed to work as a network to assess the public health 2003. It is expected that individual available to assist grantees in awards will range from $100,000– developing and conducting projects in impact of emerging infections and to evaluate methods for their prevention 200,000. Information about subsequent the following two areas: funding, for the 12-month period Project A—Surveillance for Severe and control. The EIPs are well established with an infrastructure in beginning with the next EIP cycle on Acute Respiratory Syndrome (SARS) December 30, 2003, will be provided place to provide the necessary and Severe Pneumonia Syndrome with EIP continuation funding guidance foundation for the development of novel Project B—Enhanced surveillance for and will depend on availability of Viral Hepatitis or innovative surveillance activities funds. The purpose of these supplemental such as those proposed in this program Recipient Financial Participation awards is to complement activities announcement. EIPs are based in state associated with the established EIP. EIPs health departments, each having a Matching funds are not required for are population-based centers designed variety of established collaborators— this program. local health departments, laboratorians, to assess the public health impact of E. Program Requirements emerging infections and to evaluate infection control professionals, methods for their prevention and healthcare providers, academic In conducting activities to achieve the control. This program will assist local, institutions, and other EIPs in the purpose of this program, the recipient state, and national efforts to conduct network. will be responsible for the activities listed in 1. Recipient Activities, and surveillance and applied epidemiologic Grantees interested in the enhanced and laboratory research in emerging CDC will be responsible for the surveillance for viral hepatitis must activities listed in 2. CDC Activities. infectious diseases, and it will enhance have laws or regulations requiring bioterrorism preparedness. laboratory reporting of anti-HAV IgM, 1. Recipient Activities Project A—Surveillance for SARS and anti-HBc IgM, HBsAg, and antibody to Project A: Surveillance for SARS and Severe Pneumonia Syndrome Activities HCV or HCV RNA (PCR) (HCV reporting Severe Pneumonia Syndrome (See Appendix 1 as posted with this preferable, but not required). Eligible announcement on the CDC Web site): This multi-state surveillance activity The purposes of Project A are to: health departments should have at least will consist of three tiered activities, 1. Establish flexible, multi-state, long- 50 reported cases of acute hepatitis A which should be integrated closely with term population-based surveillance for and 50 reported cases of acute hepatitis related projects currently being severe pneumonia syndrome. B in 2002. (‘‘HAV’’—Hepatitis A virus; conducted by the EIPs: 2. Facilitate diagnostics for respiratory ‘‘HB’’—Hepatitis B; ‘‘HCV’’—Hepatitis C a. Establish a flexible, multi-state, syndromes posing immediate threats/ virus; ‘‘RNA’’—ribonucleic acid; long-term population-based surveillance concerns (e.g., SARS, pandemic ‘‘PCR’’—polymerase chain reaction). for severe pneumonia syndrome. As a influenza, a bioterrorism agent), Note: Title 2 of the United States Code first phase of this activity, surveillance developing more effective approaches to section 1611 states that an organization for health care workers with respiratory disease outbreak described in section 501(c)(4) of the Internal hospitalized pneumonia should be investigation. Revenue Code that engages in lobbying established before the 2003 influenza 3. Characterize pneumonia etiologies activities is not eligible to receive Federal season. at selected institutions. funds constituting an award, grant or loan. (1) Characterize the rate of severe Project B—Viral Hepatitis Activities pneumonia and seasonal trends. (See Appendix 2): D. Funding (2) Describe demographic and The purpose of Project B is to develop epidemiologic characteristics of patients model demonstration projects for Availability of Funds with severe pneumonia. enhanced surveillance for viral (3) Characterize clinical features of Project A—Surveillance for SARS and hepatitis. The specific objectives are to: severe pneumonia hospitalizations. 1. Provide stable estimates of the Severe Pneumonia Syndrome b. Facilitate diagnostics for respiratory syndromes posing immediate threats/ incidence of and risk factors for viral Approximately $500,000–600,000 is concerns (e.g., SARS, pandemic hepatitis. available in FY 2003 for four to five 2. Improve the completeness of case influenza, a bioterrorism agent). awards. Funding will begin on or about report data and ascertainment of cases. (1) When SARS-associated 3. Standardize the application of the September 1, 2003 and be made for the coronavirus (SARS-CoV) diagnostics case definition for viral hepatitis. remainder of the current EIP budget become available to state laboratories: Measurable outcomes of the program period that expires December 29, 2003. Detect SARS-CoV positive patients will be in alignment with the following It is expected that individual awards (including those who don’t have a performance goal for the National will range from $100,000–200,000. known epidemiologic link). Center for Infectious Diseases: Protect Information about subsequent funding, (2) Characterize the rate of SARS-CoV Americans from infectious diseases. for the 12-month period beginning with positivity among severe pneumonia the next EIP cycle on December 30, cases. C. Eligible Applicants 2003, will be provided with EIP (3) Expand facilitated diagnostic Eligibility for these competitive continuation funding guidance and will testing to other agents of concern as they supplemental awards is limited to the depend on availability of funds. arise and diagnostics become available.

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c. Characterize pneumonia etiologies accomplishments of the project and following Internet address: http:// at selected institutions progress in achieving the purpose and www.cdc.gov/od/pgo/forminfo.htm. (1) Identify causes of unexplained overall goals of the program. If you do not have access to the pneumonia. e. If a proposed project involves Internet, or if you have difficulty (2) Refine and simplify pneumonia research with human subjects and CDC accessing the forms on-line, you may diagnostics to develop a ‘‘toolkit’’ scientists will be co-investigators in that contact the CDC Procurement and appropriate for state health research, assist in the development of a Grants Office Technical Information departments. research protocol for IRB review by all Management Section (PGO–TIM) at: (3) Store a well-characterized set of institutions participating in the research 770–488–2700. Application forms can specimens from people with severe project. The CDC IRB will review and be mailed to you. respiratory illness for diagnostic testing/ approve the project initially and on, at retrospective discovery of new least, an annual basis until the research Submission Date, Time, and Address pathogens. project is completed. The application must be received by Project B: Viral Hepatitis F. Application Content 4 p.m. Eastern Time August 14, 2003. Submit the application to: Technical a. Acute Hepatitis A and B. Grantees may apply for supplemental Information Management—PA#03188, (1) Establish laboratory-based funds for one or both of the two CDC Procurement and Grants Office, surveillance for acute hepatitis A and B. described projects. If applying for both 2920 Brandywine Road, Atlanta, GA (2) Follow-up reports of laboratory projects (A-SARS and B-Hepatitis), a 30341–4146. markers of acute hepatitis A and B separate narrative, budget, and budget Applications may not be submitted infection (anti-HAV IgM, anti-HBc IgM justification must be submitted for each. electronically. and/or HBsAg) to determine case status. On Form 424 and in the budget (3) Investigate cases of acute hepatitis justification, applicants should provide CDC Acknowledgement of Application A and B, and collect data on clinical a 12-month budget that clearly Receipt manifestations, laboratory findings, and distinguishes the resources requested A postcard will be mailed by PGO– risk factors. Investigations may include for ‘‘Project A’’ activities and/or ‘‘Project TIM, notifying you that CDC has provider and patient interview, and B’’ activities. The line item budgets for received your application. medical record review. Project A—Surveillance for SARS and (4) Explore the feasibility of collecting Severe Pneumonia and for Project B— Deadline serologic specimens on acute hepatitis Hepatitis, should separate costs by the Letters of intent and applications A and B cases. separate activities as broken out in the b. Acute Hepatitis C. shall be considered as meeting the Recipient Activities section, above. deadline if they are received before 4 (1) Increase the sensitivity and For all activities proposed, the specificity of case reporting (activities p.m. Eastern Time on the deadline date. requested budget should be for a 12- Any applicant who sends their depend on local mechanism for month period; however funding will be reporting). application by the United States Postal awarded only for items that can be Service or commercial delivery services (2) Explore the feasibility of obligated by the end of the current EIP laboratory-based reporting for acute must ensure that the carrier will be able budget period (December 29, 2003). to guarantee delivery of the application hepatitis C, including linking liver If requesting funds for any contracts, enzyme test results with laboratory by the closing date and time. If an provide the following information for application is received after closing due markers for hepatitis C infection each proposed contract: (1) Name of (antibody to HCV, and HCV RNA to (1) Carrier error, when the carrier proposed contractor; (2) breakdown and accepted the package with a guarantee (PCR)). justification for estimated costs; (3) c. Chronic Hepatitis B and C (optional for delivery by the closing date and description and scope of activities to be time, or (2) significant weather delays or activity in first year). performed by contractor; (4) period of (1) Develop an unduplicated database natural disasters, CDC will upon receipt performance; and (5) method of of proper documentation, consider the of laboratory reports of markers of contractor selection (e.g. sole-source or chronic hepatitis B and C infection application as having been received by competitive solicitation). the deadline. (antibody to HCV, HBsAg). Use the information in the Program (2) Develop a prioritized algorithm for Any application that does not meet Requirements section to develop the follow-up of laboratory reports of the above criteria will not be eligible for application content. Narratives for each markers of chronic hepatitis B and C competition, and will be discarded. The Project (A–SARS or B-Hepatitis), should infection. Contact prioritized cases of applicant will be notified of their failure be no more than five single-spaced chronic hepatitis B and C for counseling to meet the submission requirements. pages (not including budget and and preventive services. appendices for items such as curricula H. Evaluation Criteria 2. CDC Activities (for both projects). vitae, letters of support, and other a. Provide consultation and scientific Applicants are required to provide similar supporting information). and technical assistance as needed in measures of effectiveness that will Material or information that should be general operations of the studies and in demonstrate the accomplishment of the part of the narrative will not be accepted designing and conducting individual various identified objectives of the if placed in the appendices. Do NOT projects. cooperative agreement. Measures of solicit or submit letters of support from b. Assist in developing collaborative effectiveness must relate to the CDC personnel. relationships and facilitate multi-site performance goal stated in the purpose collaboration as needed to support the G. Submission and Deadline section of this announcement. Measures successful completion of the project. must be objective and quantitative and c. Participate in analysis and Application Forms must measure the intended outcome. interpretation of data from the project. Submit the signed original and two These measures of effectiveness must be d. As needed, assist in monitoring and copies of PHS 5161–1 (OMB Number submitted with the application and will evaluating scientific and operational 0920–0428). Forms are available at the be an element of evaluation.

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An independent review group Pneumonia Syndrome activities will be program. For a complete description of appointed by CDC will evaluate each integrated with ongoing activities. each, see Appendix 3 of the program application (separately reviewing b. Extent to which applicant provides announcement as posted on the CDC Project A—SARS and Project B— evidence that this activity can be Web site. Hepatitis) against the following criteria: accomplished while satisfactorily maintaining their ongoing EIP activities. AR–1 Human Subjects Requirements 1. Operational Plan (60 points) Extent to which applicant documents AR–2 Requirements for Inclusion of a. Extent to which applicant presents accomplishments in conducting active Women and Racial and Ethnic an operational plan for initiating and surveillance, applied epidemiologic Minorities in Research conducting the project, which clearly research, laboratory research, and AR–7 Executive Order 12372 Review and appropriately addresses all prevention research. Recipient Activities in the application. c. Extent to which applicant identifies AR–10 Smoke-Free Workplace b. Extent to which applicant clearly key personnel with appropriate Requirements identifies specific assigned experience for the project. AR–11 Healthy People 2010 Extent to which applicant includes responsibilities of all key professional AR–12 Lobbying Restrictions personnel. letters of support from proposed c. Extent to which the plan clearly collaborators indicating essential J. Where To Obtain Additional describes the applicant’s technical collaborating organizations or Information approach and method for conducting individuals and their willingness to the proposed project and the extent to participate as proposed. Do not include This and other CDC announcements, which the plan is adequate to letters of support from CDC personnel. the necessary applications, and associated forms can be found on the accomplish the objectives. 3. Background (10 points) d. Extent to which the applicant CDC Web site, Internet address: http:// a. Extent to which applicant proposes specific draft study protocols www.cdc.gov. demonstrates a clear understanding of or plans for the development of study Click on ‘‘Funding’’ then ‘‘Grants and the subject area, particularly as it relates protocols that are appropriate for Cooperative Agreements.’’ to the local situation. achieving project objectives. b. Extent to which applicant For general questions about this e. Extent to which the applicant illustrates and justifies the need for the announcement, contact: describes plans for collaboration with proposed project and demonstrates how Technical Information Management, CDC in initiating the project, developing the project is consistent with the final protocols, and ongoing operation CDC Procurement and Grants Office, purpose and objectives of the EIP and of 2920 Brandywine Road, Atlanta, GA of the project. this cooperative agreement supplement. f. Extent to which the applicant 30341–4146, Telephone: 770–488– describes how they will integrate the 4. Evaluation (10 points) 2700. project(s) with related projects currently Extent to which applicant provides a For business management and budget being conducted by the EIPs (such as detailed and adequate plan for assistance, contact: with Unexplained Deaths and Critical evaluating progress toward achieving Lynn Walling, Grants Management Illnesses projects). project process and outcome objectives. g. Does the application adequately Specialist, CDC Procurement and address the CDC Policy requirements 5. Measures of Effectiveness (5 points) Grants Office, 2920 Brandywine Road, regarding the inclusion of women, Does the applicant provide Measures Atlanta, GA 30341–4146, e-mail ethnic, and racial groups in the of Effectiveness that will demonstrate address: [email protected]. proposed research. This includes: (1) the accomplishment of the various For program technical assistance, The proposed plan for the inclusion of identified objectives of the grant? Are contact: both sexes and racial and ethnic the measures objective/quantitative and minority populations for appropriate do they adequately measure the Cathy Rebmann, National Center for representation; (2) The proposed intended outcome? Infectious Diseases (NCID), Centers justification when representation is for Disease Control and Prevention 6. Budget (not scored) limited or absent; (3) A statement as to (CDC), 1600 Clifton Rd., NE, Mailstop whether the design of the study is Extent to which the proposed budget D–59, Atlanta, GA 30333, Telephone adequate to measure differences when is reasonable, clearly justified, and (404) 371–5363, e-mail address: warranted; and (4) A statement as to consistent with the intended use of the [email protected]. cooperative agreement funds. whether the plans for recruitment and or outreach for study participants include 7. Human Subjects (not scored) the process of establishing partnerships Angela Slaughter, National Center for with communities and recognition of Does the application adequately Infectious Diseases (NCID), Centers mutual benefits. address the requirements of Title 45 for Disease Control and Prevention CFR part 46 for the protection of human (CDC), 1600 Clifton Rd., NE, Mailstop 2. Description of Capacity (15 points) subjects? D–59, Atlanta, GA 30333, Telephone a. Extent to which applicant I. Other Requirements (404) 371–5357, e-mail address: demonstrates past experience in [email protected]. conducting activities similar to those Technical Reporting Requirements Dated: July 9, 2003. proposed and that the new activities Technical reporting requirements are will complement current ones. the same as those under grantee’s Sandra R. Manning, Applicants that are already engaged in existing EIP cooperative agreement Director, Procurement and Grants Office, the Unexplained Deaths and Critical award. Center for Disease Control and Prevention. Illnesses project should demonstrate The following additional [FR Doc. 03–17805 Filed 7–14–03; 8:45 am] that Surveillance for SARS and Severe requirements are applicable to this BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND approval period. Written comments and Management and Budget, Room 10235, HUMAN SERVICES recommendations will be accepted from New Executive Office Building, the public if received by the individuals Washington, DC 20503, Fax Number: Centers for Medicare and Medicaid designated below by July 31, 2003. (202) 395–6974 or (202) 395–5167, Attn: Services During this 180-day period, we will Brenda Aguilar, CMS Desk Officer. [Document Identifier: CMS–2786] publish a separate Federal Register Dated: July 9, 2003. notice announcing the initiation of an Julie E. Brown, Emergency Clearance: Public extensive 60-day agency review and Acting CMS Reports Clearance Officer, Office Information Collection Requirements public comment period on these of Strategic Operations and Strategic Affairs, Submitted to the Office of Management requirements. We will submit the Division of Regulations Development and and Budget (OMB) requirements for OMB review and an Issuances. extension of this emergency approval. [FR Doc. 03–17913 Filed 7–10–03; 4:51 pm] AGENCY: Centers for Medicare and Type of Information Collection BILLING CODE 4120–03–P Medicaid Services, HHS. Request: Revision of a currently In compliance with the requirement approved collection; of section 3506(c)(2)(A) of the Title of Information Collection: Fire Paperwork Reduction Act of 1995, the DEPARTMENT OF HEALTH AND Safety Survey Report Forms and HUMAN SERVICES (DHHS) Centers for Medicare and Medicaid Supporting Regulations in 42 CFR Services (CMS) (formerly known as the 416.44, 418.100, 482.41, 483.70, Health Care Financing Administration Administration for Children and 483.470; Families (ACF) (HCFA)), Department of Health and Form No.: CMS–2786 M, R, and T–Y Human Services, is publishing the (OMB# 0938–0242); [Program Announcement No. ACF–ADD– following summary of proposed Use: CMS surveys facilities to 07–10–2003] collections for public comment. determine compliance with the Life Developmental Disabilities: Final Interested persons are invited to send Safety Code of 2000. The providers must Notice of Availability of Financial comments regarding this burden make documentation proving Assistance and Request for estimate or any other aspect of this compliance available to the surveyors; collection of information, including any Frequency: Annually; Applications for Support of the following subjects: (1) The Affected Public: Business or other for- Demonstration Projects Under the necessity and utility of the proposed profit, Not-for-profit institutions; Projects of National Significance information collection for the proper Number of Respondents: 27,900; Program performance of the agency’s functions; Total Annual Responses: 27,900; AGENCY: Administration on (2) the accuracy of the estimated Total Annual Hours: 2325. Developmental Disabilities (ADD), ACF, burden; (3) ways to enhance the quality, We have submitted a copy of this DHHS. utility, and clarity of the information to notice to OMB for its review of these be collected; and (4) the use of information collections. A notice will be CFDA: The Catalogue of Federal automated collection techniques or published in the Federal Register when Domestic Assistance number is 93.631— other forms of information technology to approval is obtained. Developmental Disabilities—Projects of minimize the information collection To obtain copies of the supporting National Significance. burden. statement and any related forms for the ACTION: Invitation to apply for financial We are, however, requesting an proposed paperwork collections assistance. emergency review of the information referenced above, access CMS’ Web Site collection referenced below. In address at http://cms.hhs.gov/ SUMMARY: The Administration on compliance with the requirement of regulations/pra/default.asp or E-mail Developmental Disabilities (ADD), section 3506(c)(2)(A) of the Paperwork your request, including your address, Administration for Children and Reduction Act of 1995, we have phone number, OMB number, and CMS Families (ACF), is accepting submitted to the Office of Management document identifier, to applications for Fiscal Year 2003 and Budget (OMB) the following [email protected], or call the Reports Projects of National Significance (PNS). requirements for emergency review. We Clearance Office on (410) 786–1326. This Program Announcement consists are requesting an emergency review Interested persons are invited to send of five parts. Part I, the Introduction, because the collection of this comments regarding the burden or any discusses the goals and objectives of information is needed before the other aspect of these collections of ACF and ADD, while Part II provides expiration of the normal time limits information requirements. However, as background information on ADD for under OMB’s regulations at 5 CFR part noted above, in order to be considered applicants. Part III outlines the grant 1320. This is necessary to ensure in the OMB approval process, comments review process for submitted compliance with the Life Safety Code of on these information collection and applications. Part IV describes the 2000. We cannot reasonably comply recordkeeping requirements must be Priority Area under which ADD requests with the normal clearance procedures mailed and/or faxed to the designees applications for Fiscal Year 2003 because of the potential for public harm. referenced below, by July 31, 2003: funding of projects. Finally, Part V We are requesting an emergency Centers for Medicare and Medicaid provides detailed information for clearance because our new regulatory Services, Office of Strategic Operations preparing and submitting the requirements implementing the latest and Regulatory Affairs, Division of application. Life Safety Code go into effect on Regulations Development and Grants will be awarded under this September 11, 2003, and we need to Issuances, Attn: Reports Clearance Program Announcement subject to the have the survey instrument in place in Officer, Room C5–16–03, 7500 Security availability of funds for support of these order to survey facilities to determine Boulevard, Baltimore, MD 21244–1850, activities. compliance. CMS is requesting OMB Fax Number: (410) 786–3064, Attn: Julie DATES: The closing date for submission review and approval of this collection Brown; and, Office of Information and of applications under this Program by August 7, 2003, with a 180-day Regulatory Affairs, Office of Announcement is August 29, 2003.

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Mailed or hand-carried applications because of acts of God, such as floods period) is divided for budgetary and received after 4:30 p.m. on the closing and hurricanes, widespread disruption funding purposes into one-year budget date will be classified as late. of the mail or when it is anticipated that periods. The term ‘‘project period’’ Deadline: Mailed applications shall be many of the applications will come from means the total time a project is considered as meeting an announced rural or remote areas. However, if ACF approved for support, including deadline if they are received on or does not extend the closing date for all continuation applications and any before the deadline time and date at the applicants, it may not waive or extend federally approved extensions. U.S. Department of Health and Human the deadline for any applicant. Where appropriate, applicants may Services, ACF, Office of Grants ADDRESSES: Application materials are propose shorter project periods than the Management, 370 L’Enfant Promenade available from April Myers, 370 maximums specified in the Priority SW, 8th Floor, Washington, DC 20447, L’Enfant Promenade, SW, Mail Stop: Area. Non-Federal share contributions Attention: Lois Hodge. HHH–300F, Washington, DC, 20447, may exceed the minimums specified in Applications hand-carried by [email protected] or (202) 690–5985. the Priority Area. applicants, applicant couriers, other representatives of the applicant, or by FOR FURTHER INFORMATION CONTACT: For Federal Share of Project Costs: The overnight/express mail couriers shall be information about the application maximum Federal share of the project is considered as meeting an announced process, program information and $100,000 per project period. application materials contact, deadline if they are received on or SUPPLEMENTARY INFORMATION: before the closing date, between the Administration for Children and hours of 8 a.m. and 4:30 p.m., EST, at Families (ACF), Lois Hodge, Grants Part I: General Information the U.S. Department of Health and Officer, 370 L’Enfant Promenade, SW, Washington, DC, 20447, 202/401–2344, A. Goals of the Administration on Human Services, Office of Grants Developmental Disabilities Management, ACF Mail Center, 2nd [email protected] or April Myers, Floor (near loading dock), Aerospace Program Specialist, 370 L’Enfant The Administration on Center, 901 D Street, SW., Washington, Promenade, SW, Mail Stop: HHH–300F, Developmental Disabilities (ADD) is DC 20024, between Monday and Friday Washington, DC, 20447, or send e-mail located within the Administration for (excluding Federal holidays). This to [email protected], or fax (202) 690– Children and Families (ACF) at the mailing address must appear on the 6904. Department of Health and Human envelope/package containing the Notice of Intent to Submit Services (DHHS). ADD shares common application with the note ‘‘Attention: Application: If you intend to submit an goals with other ACF programs that Lois Hodge.’’ Applicants using express/ application, please send a fax or e-mail promote the economic and social well overnight services should allow two with the number and title of this being of families, children, individuals, working days (working days are defined Program Announcement, your and communities. ACF and ADD as Monday through Friday, excluding organization’s name and address, your envision: contact person’s name, your contact’s Federal Holidays) prior to the closing • Families and individuals phone and fax numbers, and their e- date for receipt of applications. (Note to empowered to increase their own mail address to: Administration on Applicants: Express/overnight mail economic independence and Developmental Disabilities, Attention: services do not always deliver in the productivity; April Myers, fax: (202) 690–6904, e- agreed upon timeframe.) • Strong, healthy, supportive Any applications received after 4:30 mail: [email protected]. This communities having a positive impact p.m. on the closing date will not be information will be used to determine on the quality of life and the considered for competition. All the number of expert reviewers needed development of children; applications shall be mailed or hand- and to update the mailing list for future • carried at the request and expense of the Program Announcements from ADD. Partnerships with individuals, applicant. Additional material will not Available Funds: Subject to the front-line service providers, be accepted or added to an application availability of funding. ADD intends to communities, States, and Congress that after the closing date. award new grants resulting from this enable solutions that transcend ACF cannot, at the present time, Program Announcement during the traditional agency boundaries; accommodate transmission of fourth quarter of Fiscal Year 2003. For • Services planned and integrated to applications by fax, e-mail, or through the purpose of the awards under this improve access to programs and other electronic media. Applications Program Announcement, the successful supports for individuals and families; applicants should expect a project start transmitted electronically will not be • A strong commitment to working date of September 30, 2003. Up to $3 accepted for consideration under this with Native Americans, persons with million in Federal funds will be Program Announcement. developmental disabilities, refugees and available to support as many as 30 For purposes of this grant migrants to address their individual projects this fiscal year. competition, ACF will not be notifying needs, strengths and abilities; and Additionally, successful applicants applicants that their application was • received by the deadline. Applicants under this Program Announcement may A community-based approach that will, however, be notified of the status be eligible to compete for recognizes and expands on the of their application in writing after the implementation funds in Fiscal Year resources and benefits of diversity. review process has been completed. 2004. The Priority Area descriptions The goals, listed above, will enable Late Applications: Applications that include information on the maximum more individuals, including people with do not meet the criteria above are Federal share of the project costs and developmental disabilities, to live considered late applications. ADD shall the anticipated number of projects to be productive and independent lives notify each late applicant that its funded. integrated into their communities. The application will not be considered in The term ‘‘budget period’’ defines a Projects of National Significance (PNS) the current competition. one-year (12 months) interval of time. Program is one means through which Extension of Deadlines: ACF may Where applicable, a multi-year period of ADD promotes the achievement of these extend the closing date for all applicants assistance (referred to as the project goals.

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B. Purpose of the Administration on most severe developmental disabilities, National Significance (PNS) that Developmental Disabilities are capable of achieving independence, support the development of national The Administration on productivity, integration and inclusion and State policies to enhance the Developmental Disabilities (ADD) is the into the community, and often require independence, productivity, integration, lead agency within ACF and DHHS the provision of services, supports, and and inclusion of individuals with other assistance to achieve such; developmental disabilities through: responsible for planning and • • administering programs to promote the Individuals with developmental Data collection and analysis; • Technical assistance to enhance the self-sufficiency and protect the rights of disabilities have competencies, quality of State Developmental persons with developmental disabilities. capabilities, and personal goals that Disabilities Councils and University ADD implements the Developmental should be recognized, supported, and Centers for Excellence in Developmental Disabilities Assistance and Bill of Rights encouraged, and any assistance to such Disabilities; and Act, the DD Act, which was individuals should be provided in an • Other projects of sufficient size and reauthorized by Congress in 2000. individualized manner, consistent with scope that hold promise to expand or The DD Act of 2000 (42 U.S.C.15001, the unique strengths, resources, improve opportunities for people with et seq.) supports and provides assistance priorities, concerns, abilities, and developmental disabilities, including: to States, public agencies, and private capabilities of the individual; and • (a) Technical assistance for the nonprofit organizations to assure that Individuals with developmental development of information and referral individuals with developmental disabilities and their families are the primary decision makers regarding the systems; disabilities and their families participate (b) Educating policy makers; in the design of and have access to services and supports such individuals and their families receive; and play (c) Federal interagency initiatives; culturally competent services, supports, (d) The enhancement of participation and other assistance and opportunities decision making roles in policies and programs that affect the lives of such of minority and ethnic groups in public that promote independence, and private sector initiatives in productivity, integration, and inclusion individuals and their families. Toward these ends, ADD seeks to developmental disabilities; and into the community. (e) Transition of youth with As defined in the DD Act, the term support and accomplish the following: • Enhance the capabilities of families developmental disabilities from school ‘‘developmental disabilities’’ means a to adult life. severe, chronic disability of an in assisting individuals with developmental disabilities to achieve The purpose of the Projects of individual that is attributable to a National Significance (PNS) program is mental or physical impairment or their maximum potential; • Support the increasing ability of not only to provide technical assistance combination of mental and physical to the Developmental Disabilities impairments that is manifested before individuals with developmental disabilities to exercise greater choice Councils, the Protection and Advocacy the individual attains age 22 and is Systems, and the University Centers for likely to continue indefinitely. and self-determination and to engage in leadership activities in their Excellence in Developmental Developmental disabilities result in Disabilities, but also to support projects substantial limitations in three or more communities; and • Ensure the protection of individuals ‘‘that hold promise to expand or of the following functional areas; self- improve opportunities for individuals care, receptive and expressive language, with developmental disabilities’ legal and human rights. with developmental disabilities.’’ PNS learning, mobility, self-direction, grantees often challenge traditional capacity for independent living, and The four programs funded under the Act are: thinking and common service practices. capacity for economic self-sufficiency. • Last Fiscal Year, projects were funded In the DD Act includes a number of State Developmental Disabilities Councils; in the following five Priority Areas: findings, including: • Learning through Assisting; • State Protection and Advocacy • Disability is a natural part of the • Creating and Celebrating One Systems for Individuals Rights; human experience that does not Community for All Citizens; • Grants to the National Network of diminish the right of individuals with • Enhancing Early Literacy and University Centers for Excellence in developmental disabilities to enjoy the Education for Children with Developmental Disabilities, Education, opportunity for independence, Developmental Disabilities; Research, and Service; and • productivity, integration, and inclusion • Increasing Access in Rural into the community; Grants for Projects of National Communities; and • Individuals whose disabilities occur Significance. • Expanding Positive Youth during their developmental period C. Statutory Authorities Covered Under Development Activities for Young frequently have severe disabilities that This Announcement People with Developmental Disabilities. are likely to continue indefinitely; and Project activities that received • Individuals with developmental This Announcement is covered under funding in 2002 ranged from creating disabilities often require lifelong the Developmental Disabilities opportunities for high school students specialized services and assistance, Assistance and Bill of Rights Act of to earn service learning credits working provided in a coordinated and 2000, 42 U.S.C. 15001, et seq. The with children with disabilities to culturally competent manner by many Projects of National Significance (PNS) improving transportation options for agencies, professionals, advocates, is part E of the DD Act of 2000, 42 individuals with disabilities residing in community representatives, and others U.S.C. 15081, et seq. rural America. For more information to eliminate barriers and to meet the Part II. Background Information For about previous projects and their goals, needs of such individuals and their Applicants visit ADD’s Web site at http:// families. www.acf.hhs.gov/programs/add. The DD Act further promotes the best A. Description of Projects of National The 2003 Priority Area relates to the practices and policies presented below: Significance outcomes contained in ADD’s plan for • Individuals with developmental Under part E of the Act, grants and implementing the Government disabilities, including those with the contracts are awarded for Projects of Performance Reporting Act (GPRA). In

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general, projects are expected to described in section 501 (c) (3) of the • A programmatic focus on those increase community support and IRS code, a copy of a valid IRS tax most in need of services and assistance, services, promote self-determination exemption certificate, or a copy of the such as unserved and underserved and productivity, and encourage articles of incorporation bearing the seal populations, including underserved interaction and collaboration among all of the State in which the corporation or cultural, ethnic, and racial minority sectors of the developmental disabilities association is domiciled. ADD cannot populations. service system, including public and fund a nonprofit applicant without To the greatest extent possible, efforts private sectors. Applicants are acceptable proof of its nonprofit status. will be made to ensure that funding encouraged to tailor their grant Faith-based organizations are eligible decisions reflect an equitable applications to fit this year’s Priority to apply for PNS grants if they meet the distribution of assistance among the Area. eligibility requirements stated above. States and geographical regions of the Private, nonprofit organizations are country, and rural and urban areas. In Part III. The Review Process encouraged to submit with their making these decisions, ADD may also A. Eligible Applicants applications the optional survey located take into account the need to avoid unnecessary duplication of effort. Before applications under this under ‘‘Grants Manuals & Forms’’ at Program Announcement are reviewed, http://www.acf.hhs.gov/programs/ofs/ C. Evaluation Process forms.htm. each one will be screened to determine Using the evaluation criteria whether the applicant is eligible for B. Review Process and Funding (described under the Priority Area in funding under this year’s Priority Area. Decisions part IV), a panel of at least three Applications from organizations that do Applications under this Program reviewers (primarily experts from not meet the eligibility requirements for outside the Federal Government) will the Priority Area will not be considered Announcement (Number 93631—) from eligible applicants received by the evaluate and score the applications. To or reviewed in the competition, and the facilitate this review, applicants should applicant will be so informed. deadline date will be competitively reviewed and scored. Experts in the ensure that they address the minimum Under this Program Announcement, requirements identified in the Priority the Governor of the applicant’s State or field, generally persons from outside the Federal Government, will use the Area description under the appropriate Territory must designate the applicant section of the Program Narrative as the lead agency for the State/ evaluation criteria listed later in this Part of the Program Announcement to Statement. Territory. Acceptable proof of the Reviewers will determine the review and score the applications. The Governor’s designation is a letter from strengths and weaknesses of each results of this review are a primary the Governor’s office, with his or her application in terms of the evaluation factor in making funding decisions. official signature, identifying the lead criteria listed below; provide comments; ADD reserves the option of discussing agency by name. The designation letter and assign numerical scores. The point applications with, or referring them to, must accompany the applicant’s value following each criterion heading other Federal or non-Federal funding proposal package to ADD by the closing under the Priority Area in part VI sources when this is determined to be date. For purposes of this Program indicates the maximum numerical in the best interest of the Federal Announcement, each State and weight that each applicant may receive Government and/or the applicant. ADD Territory may have only one lead per section in the review process. applicant designated as the lead agency; may also solicit comments from ACF however, an application must include Regional Office staff, other Federal D. Grantee Share of Project Costs State and local partnerships. agencies, interested foundations, Grantees must match $1 for every $3 Project activities must be conducted national organizations, specialists, requested in Federal funding; to provide in partnership with at least one local experts, States, and the general public. 25% of the total approved cost of the elected official, the State Developmental ADD will consider these comments, project. The total approved cost of the Disabilities Council, the State Protection along with those of the expert reviewers, project is the sum of the ACF share and and Advocacy System, and the in making funding decisions. the non-Federal share. The non-Federal University Center(s) on Developmental In making PNS decisions for 2003 share may be met by cash or in-kind Disabilities in the State/Territory, as grant awards, ADD will consider contributions, although applicants are well as others (including, but not whether applications focus on or feature encouraged to meet their match limited to, disability-related service the following aspects/activities in their requirements through cash providers, advocacy groups, family project design to the extent appropriate: contributions. Therefore, a project support groups, family strengthening • A substantially innovative strategy requesting $100,000 in Federal funds groups, and faith-based organizations). with the potential to improve theory or must include a match of at least $33,333 Individuals are not eligible to apply practice in the field of human services; (total project cost is $133,333 of which under this Program Announcement. All • A model practice or set of $33,333 is 25%). Applicants must applications must identify and procedures that holds the potential for provide letter(s) of commitment, acknowledge the designated lead replication by organizations verifying the actual amount and applicant as the official applicant. administering or delivering human source(s) of the non-Federal share of the Participating agencies and organizations services; proposed costs. should be included as co-participants, • A substantial involvement of An exception to the grantee cost- sub-grantees, or subcontractors. volunteers, the private sector (either sharing requirement relates to Nonprofit organizations must submit financial or programmatic), and/or applications originating from American proof of their nonprofit status in the national or community foundations; Samoa, Guam, the Virgin Islands, and application at the time of submission. • A favorable balance between the Commonwealth of the Northern Proof of status includes providing a Federal and non-Federal funds available Mariana Islands. Applications from copy of the applicant’s listing in the for the proposed project, which is likely these areas are covered under section Internal Revenue Service’s most recent to result in the potential for high benefit 501(d) of Public Law 95–134, which list of tax-exempt organizations for low Federal investment; and requires that the Department waive any

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requirement for local matching funds for for a grant to establish a neighborhood organizations described in section grants under $200,000. child care center, describe who will 501(c)(3) of the IRS code, or by The applicant contribution must be occupy the facility, who will use the providing a copy of the currently valid secured from non-Federal sources, facility, how the facility will be used, IRS tax exemption certificate, or by except as provided by Federal statute. A and how the facility will benefit the providing a copy of the articles of cost-sharing or matching requirement community which it will serve. incorporation bearing the seal of the may not be met by costs from another 4. Approach State in which the corporation or Federal grant, unless Federal statue association is domiciled. sanctions such. For example, funds from Outline a plan of action that describes Federal programs that benefit Tribes and the scope and detail of how the Part IV: Fiscal Year 2003 Priority Area Native American organizations have proposed work will be accomplished. for Projects of National been used to provide valid sources of Account for all functions or activities Significance Description and matching funds. Any Tribe or Native identified in the application. Cite Requirements factors, which might accelerate or American organization submitting an The following section presents the application to ADD should identify the decelerate the work, and state your reason for taking the proposed approach Priority Area for Fiscal Year 2003 Federal program(s) that will provide the Projects of National Significance (PNS) matching funds in its application. If the rather than others. Describe any unusual features of the project such as design or and solicits the appropriate applicant is selected to receive PNS applications. funds, then ADD will determine technological innovations, reductions in whether there is statutory authority for cost or time, or extraordinary social and Fiscal Year 2003 Priority Area: Family use of such funds. The Administration community involvement. Provide Support 360 quantitative monthly or quarterly for Native Americans and the DHHS Eligible Applicants: Eligible projections of the accomplishments to Office of General Counsel will assist applicants are limited to a lead agency be achieved for each function or activity ADD in making this determination. designated by the Governor of the State in such terms as the number of people E. General Instructions for the Uniform to be served and the number of or Territory. A letter from the Office of Project Description microloans made. Where activity or the Governor designating the applicant function cannot quantify as the lead agency for the State/Territory The following ACF Uniform Project must accompany the application. The Description (UPD) has been approved accomplishments, list them in chronological order to show the designated lead agency may be a State under OMB Control Number 0970–0139. or local agency, Tribal government, Applicants are required to submit a full schedule of accomplishments and their target dates. public or private nonprofit organization project description and must prepare (including a faith-based organization), the project description statement in Identify the kinds of data to be collected, maintained, and/or or an institution of higher learning. accordance with the following Purpose: Through this competitive instructions. disseminated. Note that clearance from the U.S. Office of Management and grant process, ADD will fund pilot 1. Project Summary/Abstract Budget might be needed prior to a projects to plan multi-agency partnerships to design at least one one- Provide a summary of the project ‘‘collection of information’’ that is stop center to assist poor and/or description (a page or less) with ‘‘conducted or sponsored’’ by ACF. List geographically unserved or underserved reference to the funding request. organizations, cooperating entities, consultants, or other key individuals families (including underserved families 2. Objectives and Need for Assistance who will work on the project along with with racial, ethnic, or cultural minority Clearly identify the physical, a short description of the nature of their backgrounds) with a child or adult economic, social, financial, institutional effort or contribution. member with a disability (hereafter and/or other problem(s) requiring a referred to as ‘‘targeted families’’) to 5. Organization Profile solution. The need for assistance must preserve, strengthen, and maintain the be demonstrated and the principal and Provide information on the applicant family. Grant funds under this subordinate objectives of the project organization(s) and cooperating partners solicitation are for the costs associated must be clearly stated; supporting such as organizational charts, financial with State planning activities, not the documentation, such as letters of statements, audit reports or statements provision of direct services. support and testimonies from concerned from CPAs/Licensed Public Families need access to comprehensive interests other than the applicant, may Accountants, Employer Identification systems of family support services that are be included. Any relevant data based on Numbers, names of bond carriers, family-centered and family-directed, and that planning studies should be included or contact persons and telephone numbers, provide families with the greatest possible referred to in the endnotes/footnotes. child care licenses and other decision making authority and control regarding the nature and use of services and Incorporate demographic data and documentation of professional accreditation, information on support for them and their members with participant/beneficiary information, as disabilities. Families need to have the needed. In developing the project compliance with Federal/State/local opportunity to participate in the design of description, the applicant may government standards, documentation family support services. Initiatives that volunteer or be requested to provide of experience in the program area, and involve families, that center around families, information on the total range of other pertinent information. Any non- and that promote and develop interagency projects currently being conducted and profit organization submitting an coordination and collaboration among supported (or to be initiated) some of application must submit proof of its agencies responsible for providing the which may be outside the scope of the non-profit status in its application at the services will contribute to family preservation and strengthening. Program Announcement. time of submission. The non-profit agency can accomplish this by • Background Information: In order 3. Results or Benefits Expected providing a copy of the applicant’s to preserve, strengthen, and maintain Identify the results and benefits to be listing in the Internal Revenue Service’s the family, targeted families often need derived. For example, when applying (IRS) most recent list of tax-exempt services and supports that cut across

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agency lines. Services and supports may Systems Change Grants, the Center for considerations necessary for involve all or some of the following: Medicaid and Medicare Services’ (CMS) implementing a one-stop family center. Healthcare, Mental Health, Personal Independence Plus, Temporary Through such a creative and Assistance Services, Respite Care, Assistance to Needy Families (TANF), collaborative process, ADD anticipates Family Strengthening Services (such as Vocational Rehabilitation, the Ticket-to- that each grantee with its partners will parenting education and marriage Work and direct benefit programs develop a collective commitment to education), Food Stamps, Cash through the Social Security serving the targeted families and Assistance, Accessible Transportation, Administration, and one-stops of the identify new ways for meeting the needs Childcare, Accessible Housing, Early Work Force Investment Act. This of individual families. Intervention Services, Special myriad of programs and funding sources • Minimum Requirements for Project Educational Opportunities, Job can create a feeling of helplessness in Design: ADD is particularly interested in Training, Assistive Technology, and individual families, making discovering supporting projects that include each of Employment with Reasonable and learning to understand the the activities and desired outcomes Accommodations. These services and eligibility for each program even more provided in the section below. supports are available from a myriad of challenging. State agency staff members • Involvement and Input from public and private providers, each of and local caseworkers may also feel Targeted Families. The meaningful which has its own eligibility confused when attempting to coordinate involvement of individuals who are determination criteria and planning the various services at the local level for members of targeted families must be an process. If a targeted family needs families. The time has arrived for us to essential and measurable element of all multiple services and supports, there ask fundamental questions about the project planning and activities. are few States and communities with a effectiveness of the service system and • Project Partnerships. Project comprehensive infrastructure to offer to explore, in partnership with families, activities must be conducted in these families a seamless, one-point of avenues to create a truly family-centered partnership with at least one local entry (e.g., one-stop center) to establish service system. elected official, the State Developmental eligibility and develop a family-centered In addition to the input from targeted Disabilities Council, the State Protection plan to preserve and strengthen families families and the consensus of local and and Advocacy System, and the with members with disabilities. State leaders, the participation and University Center(s) on Developmental There are multiple funding streams collaboration of the State’s DD Network Disabilities in the State/Territory, as and varied public and private entities will ensure the success of this planning well as others (including, but not that could contribute to a seamless project. For instance, each State’s limited to, disability-related service system for targeted families. However, Developmental Disabilities Council has providers, advocacy groups, family without funding and time to explore a wealth of knowledge about their support groups, family strengthening avenues for creating such a system, State’s programs, public policies, and groups, and faith-based organizations). examples of promising practices will service barriers to bring to the • Building Consensus for an remain isolated and generally limited to discussion table. The Protection and Implementation Plan. Projects should demonstrating service integration for Advocacy Agencies have legal build a consensus for an employment-related assistance for experience with and understanding of implementation plan with their partners individuals with disabilities. Such program eligibility criteria associated to establish and sustain a one-stop efforts often result in improvements in with the complexities of the service center for the targeted families. services for individuals with disabilities system. The University Centers for Implementation plans should include seeking employment, but few Excellence in Developmental Federal, State, and local inter-agency opportunities for families to be Disabilities have expertise in evaluating collaboration, and public-private strengthened and preserved as a family the effectiveness of service programs partnerships to achieve service unit through access to a wide range of and developing new and innovative integration for targeted families. other services. projects to address the unmet needs of • Parameters for Services and In this time of shrinking resources, it families. Supports in the Implementation Plan. is imperative to support planning While ADD welcomes an application Implementation plans for the one-stop initiatives that will allow a variety of from each State and Territory, the center must address the following partners to discuss and develop Commissioner is particularly interested parameters: information and referrals, as consensus on how their collective in providing financial support to States/ well as in-depth planning for services resources could be used in a more Territories that are just beginning to and supports with at least fifty (50) family friendly manner. Successful explore the issues relating to one-stop families on an annual basis. The States under this Program family centers and/or States/Territories families projected to be served would Announcement will receive planning with some limited experience with have access to individualized family- grants to explore with their partners service integration efforts. centered planning for services and how to develop a common language, Successful grantees under this supports. Individualized planning may pool resources, coordinate services, and competition will have the opportunity focus on one or more the following areas share expenses in order to reduce to design a one-stop family center, in of need: healthcare and mental health overhead and create a setting (i.e., one- collaboration with State and local services, eligibility for personal stop center) in which outcome-oriented, partners. It may be more practical for assistance and supports (e.g., access to family-centered, collaborative planning grantees to focus their partnership direct care workers, respite care, food could occur. planning efforts on one location for the stamps, and cash assistance), accessible Presently, there are several different one-stop center and a limited number of transportation, childcare services, and Federal programs and funding streams families to be served by its staff. This family strengthening services (e.g., available to State governments and local approach will enable the grantees to parenting education and marriage agencies to assist targeted families and identify and project specific funding education), housing, and employment- potentially redesigned service systems. needs, staffing requirements, related assistance. Some examples of such programs and collaborative agreements, day-to-day • Assessment of the Capacity and funding streams include Medicaid procedures, and other infrastructure Capability of Information Technology. A

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needs assessment for and/or design of Medicaid, be among the geographically the maximum numerical weight an information system with a single unserved or underserved in the State, possible for each criterion in the review point of entry for the one-stop center have cultural minority backgrounds, or process. The specific information to be should be included in the applicant’s be eligible for TANF. included under each of these headings project. This activity may involve 2. Criteria to be used to establish that is described in section G of Part III, identifying and testing existing software a family has achieved the outcomes in General Instructions for the Uniform and hardware to support the computer its family-centered plan; Project Description. Additional and informational needs of the one-stop 3. Description of operations and Information that must be addressed is center or designing new technology. procedures relating to the following; described below. • Analysis of Eligibility. A review of a. Outreach to and recruitment of existing State and Federal laws that targeted families; Criterion 1: Approach (35 points) impact the targeted families must be a b. Information and referral to targeted The applicant must outline a sound, key element of each project. At a families, community organizations workable, and detailed plan of action, minimum, a legal analysis should assisting families in need (including pertaining to the goals and objectives of provide a detailed summary of the those involved in family strengthening), the proposed project. Activities should following issues: and others; be identified in chronological order, (1) Funding streams for services and c. Intake, assessment, and with target dates for accomplishment support to families with members who determination of eligibility of families; and the key personnel responsible for have disabilities; d. Development and monitoring of completing the activity. The plan of (2) The legal and policy barriers for Individualized Family Plans (the action should also clearly identify and targeted families to achieving self- process for developing and delineate the roles and involvement of sufficiency; and implementing the plans, including who each of the proposed project’s partners, (3) Eligibility criteria and other will be involved in the plan collaborators, and/or sub-grantees. program requirements that may pose development and who will monitor The plan of action should involve the obstacles to serving targeted families. progress); following types of information; (a) How • Training Needs. Each grantee e. Records maintenance (access to and the work will be accomplished; (b) should identify the training needs of retrieval of files, and the confidentiality factors that might accelerate or staff members who would work with of the families personal information); decelerate the work; (c) reasons for targeted families, and including and taking this approach as opposed to other educational and training issues for non- f. Financing of services (a description possibilities; and (d) descriptions of staff assisting the targeted families in of how funding for the services and innovations and/or unusual features other settings and environments. supports in a family’s plan could be (such as technological or design • Existing Resources. Each grantee secured); innovations, reductions in cost and/or should identify existing State and local 4. Staffing patterns and staff time, or extraordinary community resources for targeted families, requirements; involvement). Additionally, the including information on services and 5. Roles of the participating agencies applicant must provide a discussion of supports that are available from and organizations; how the expected results and benefits community groups and faith-based 6. Organizational chart for the one- will be evaluated for the proposed organizations, including those that stop center; project. This discussion should explain provide family strengthening services. 7. Space and equipment requirements; the methodology that will be used to This information would form the initial 8. Time table for implementing this determine if the needs identified and database for the one-stop center, leading plan for the one-stop center; and discussed in the application are being to a catalog of services and supports for 9. Budget requirements for the one- met and if the results and benefits the staff members and targeted families. stop center. identified are being achieved. • Development of Policies and • Key Personnel. Each grantee should The following list provides the point Memoranda of Understanding (MOUs). ensure that key project personnel have value for each required item in this Each grantee should develop MOUs, direct life experience with living with a Criterion: policy statements, and procedures disability; • 15 Points Outlines a sound, workable, between State and local partners on key Civil Rights. Each grantee must and detailed plan of action, pertaining issues for implementing the one-stop comply with the Americans with to the goals and objectives of the center. Some of the key issues to be Disabilities Act, where applicable, and proposed project. agreed upon in this planning process section 504 of the Rehabilitation Act of 8 Points Discusses and explains the among the partners should include the 1973 as amended by the Rehabilitation methodology to be used in mission of the one-stop center, the Act amendments of 1992 (Pub. L. 102– determining if identified needs are eligible families for services, the roles of 569); and being meet and expected results are • agencies’ staff members, and the lead Communication and Dissemination. being achieved. agency responsibilities. Each grantee should have the capacity 4 Points Cites factors that might • Final Product. The final product of to communicate and disseminate accelerate or decelerate the work. this planning grant must be a written information with their project partners 4 Points Provides a rationale for taking plan for implementing at least one one- and others through e-mail and other this approach as opposed to other stop center to assist targeted families to effective, affordable, and accessible possibilities. preserve and strengthen the family unit. forms of electronic communication. 4 Points Describes innovations and/or The implementation plan must include, Evaluation Criteria: unusual features of the proposed at a minimum, the following project. information: Five criteria will be used to review 1. Criteria and process for selecting and evaluate each application. Each Criterion 2: Objectives and Need for targeted families to be served by the criterion should be addressed in the Assistance (20 points) one-stop center. For example, families project description section of the The application must identify the could be required to have eligibility for application. The point values indicate following information: (a) The need for

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assistance, (b) the objectives of the organization chart showing the project personnel from the two copies proposed project, (c) the precise relationship of the project to the current submitted with the original application location of the proposed project, and (d) organization must be included. to ACF. For purposes of the outside the area to be served by the proposed The following list provides the point review process, applicants may elect to project. value for each required item in this summarize salary information on the The applicant may accomplish this Criterion: copies of their application. All salary best by: (a) Pinpointing the relevant 6 Points Identifies the background of information must, however, appear on physical, economic, social, financial, key staff members. the signed original application for ACF. institutional, or other problems 6 Points Demonstrates the The following list provides the point requiring a solution; (b) demonstrating organization’s ability to administer value for each required item in this the need for the assistance; (c) stating the proposed project. Criterion: the principal and subordinate objectives 6 Points Describes and discusses the 3 Points Discusses and justifies the for the proposed project; (d) providing role and involvement of individuals costs and reasonableness of the supporting documentation and/or other with developmental disabilities and proposed project in view of the testimonies from concerned individuals their families in the proposed project expected results and benefits. and groups other than the applicant; (e) and organization. 3 Points Describes the fiscal controls providing relevant data based on 2 Points Includes an organizational and accounting procedures to be used. 2 Points Includes a fully explained research or planning studies, and (f) chart, depicting the relationship of the non-Federal share budget and its including maps and other graphic aids. project to the current organization. The following list provides the point source(s). value for each required item in this Criterion 4: Results or Benefits Expected This year, five additional points will be Criterion: (17 points) added to the applicant’s total in the scoring process for any project that 5 Points Identifies and demonstrates The expected results and benefits of includes partnership and collaboration the need for assistance. the proposed project should be with one or more of the 140 5 Points States the principal and consistent with the objectives of the Empowerment Zones/Enterprise subordinate objectives for the application. The application must state Communities. To receive the additional proposed project. the project’s anticipated contributions to 4 Points Provides relevant data based five points, the applicant must provide policy, practice, theory and/or research. on research and/or planning studies. a clear outline for the collaboration and The proposed project costs should be 4 Points Provides supporting a discussion of how the involvement of reasonable in view of the expected documentation and/or testimonies the EZ/EC is related to the objectives results. from concerned individuals and and the activities of the project. Also, a The following list provides the point groups, other than the applicant. letter from the appropriate 2 Points Includes maps and other value for each required item in this representatives of the EZ/EC must graphics identifying the precise Criterion: accompany the application indicating location of the proposed project. 10 Points States the anticipated its agreement to participate and contributions of the proposed project Criterion 3: Organization Profile (20 describing its role in the project. to policy, practice, theory, and/or • Project Duration: ADD is soliciting points) research. applications for project periods up to The application identifies the 7 Points Expected results and benefits one year (12 months) under this Priority background of the project director/ are consistent with the proposed Area. Awards, on a competitive basis, principal investigator and key project project’s goals and objectives. will be for a one-year budget period. staff (including name, address, training, Criterion 5: Budget and Budget Subject to the availability of funds, educational background and other Justification (8 points) successful applicants for these planning qualifying experience) and the grants will be eligible to compete for experience of the organization to Applicants are expected to present a implementation funds in upcoming demonstrate the applicant’s ability to budget with reasonable project costs, fiscal years. effectively and efficiently administer appropriately allocated across • Federal Share of Project Costs: The this project. The applicant must component areas, and sufficient to maximum Federal share is not to exceed describe the relationship between this accomplish the objectives. The $100,000 for the 12-month budget project and other work that is planned, requested funds for the project must be period. anticipated, or currently under way by fully justified and documented. • Matching Requirement: Grantees the applicant. Applications must provide a narrative must match $1 for every $3 requested in This section should consist of a brief budget justification that describes how Federal funding to reach 25% of the (two to three pages) background the categorical costs are derived and total approved cost of the project. The description of how the applicant discusses the reasonableness and total approved cost of the project is the organization (or the unit within the appropriateness of the proposed costs. sum of the ACF/ADD share and the non- organization that will have Line item allocations and justification Federal share. Cash or in-kind responsibility for the project) is are required for both Federal and non- contributions may meet the non-Federal structured, the types and quantity of Federal funds. A letter of commitment share, although applicants are services it provides, and/or the research for the project’s non-Federal resources encouraged to meet their match and management capabilities it must be submitted with the application requirements through cash possesses. It may include a description in order to be given credit in the review contributions. Therefore, a project of any current or previous relevant process. A fully explained non-Federal requesting $100,000 in Federal funds experience; or it may describe the share budget must be prepared for each must include a match of at least $33,333 competence of the project team and its funding source. (the total project cost is $133,333 of demonstrated ability to produce final Applicants have the option of which $33,333 is 25%). products that are readily omitting the Social Security Numbers • Anticipated Number of Projects To comprehensible and usable. An and specific salary rates of the proposed Be Funded: ADD anticipates funding up

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to thirty (30) projects under this Priority All States and Territories, except B. Notification of State Developmental Area in FY 2003. Alabama, Alaska, Arizona, Colorado, Disabilities Councils • CFDA: ADD’s CFDA (Catalogue of Connecticut, Hawaii, Idaho, Indiana, A copy of the application must also be Federal Domestic Assistance) number is Kansas, Louisiana, Massachusetts, submitted for review and comment to 93.631—Developmental Disabilities— Minnesota, Montana, Nebraska, New the State Developmental Disabilities Projects of National Significance. This Jersey, Ohio, Oklahoma, Oregon, Palau, Council in each State in which the information is needed to complete item Pennsylvania, South Dakota, Tennessee, applicant’s project will be conducted. 10 on the SF424. Vermont, Virginia, Washington, and The Council review comments are not • Applicable Administrative Wyoming have elected to participate in required concurrently with the grant Regulations: Applicable administrative the Executive Order process and have regulations include 45 CFR part 74, application, but must be received by established a State Single Point of ADD prior to the award process. A list Administration of Grants, for Contact (SPOC). Applicants from these Institutions of Higher Education, non- of the State Developmental Disabilities jurisdictions or for projects Councils can be found at ADD’s Web profit organizations and Indian Tribal administered by Federally recognized Governments; and 45 CFR part 92, site:http://www.acf.hhs.gov/programs/ Indian Tribes need take no action add under Programs, or by contacting Uniform Administrative Requirement regarding E.O. 12372. Otherwise, for Grants and Cooperative Agreements April Myers, ADD, 370 L’Enfant applicants should contact their SPOCs to State and Local Governments. Promenade SW., Mail Stop: HHH–300F, as soon as possible to alert them of the Quarterly project reports and semi- Washington, DC, 20447, (202) 690–5985. prospective applications and receive annual financial reports are required any necessary instructions. C. Instructions for Preparing the from each successful applicant. Application and Completing Applicants must submit all required Application Forms Part V: Instructions for the materials to the SPOC as soon as Development and Submission of possible so that the program office can The SF 424, SF 424A, SF 424A-Page Applications obtain and review SPOC comments as 2 and Certifications/Assurances are This part contains information and part of the award process. It is contained in the application package. instructions for submitting applications imperative that the applicant submits all Assurances and Certifications may be located on the following Web site: in response to this Program required materials and indicate the date http://acf.hhs.gov/programs/ofs/ Announcement. An application of this submittal (or date SPOC was forms.htm. Please prepare your package, containing all of the Federal contacted, if no submittal is required) application in accordance with the required forms, can be obtained by on the SF 424, item 16a. contacting April Myers, Program following instructions: Under 45 CFR 100.8(a)(2), a SPOC has Specialist: ADD, 370 L’Enfant 60 days from the application due date 1. SF 424 Page 1, Application Cover Promenade SW., Mail Stop: HHH–300F, Sheet Washington, DC, 20447, or by visiting to comment on proposed new or ADD’s Web site at http:// competing continuation awards. Please read the following instructions www.acf.hhs.gov/programs/add. However, there is insufficient time to before completing the application cover Additionally, one may send their allow for a complete SPOC comment sheet. An explanation of each item is request by e-mail to [email protected] period. Therefore, we have reduced the included. Complete only the items or by fax to (202) 690–6904 (Attention: comment period to 30 days from the specified. Top of Page: Enter the selected April Myers). closing date for applications. These Potential applicants should read this comments are reviewed as part of the Priority Area under which the section carefully in conjunction with award process. Failure to notify the application is being submitted. the information contained within the SPOC can result in delays in awarding Item 1. ‘‘Type of Submission.’’ Item 2. ‘‘Date Submitted’’ and specific Priority Area. The Priority Area grants. ‘‘Applicant Identifier’’—Date description is in part IV. SPOCs are encouraged to eliminate application is submitted to ACF/ADD A. Required Notification of the State the submission of routine endorsements and applicant’s own internal control Single Point of Contact (SPOC) as official recommendations. number, if applicable. Additionally, SPOCs are requested to Item 3. ‘‘Date Received By State’’— All applications under the ADD clearly differentiate between mere Priority Area are required to follow the State use only (if applicable). advisory comments and those official Executive Order (E.O.) 12372 process, Item 4. ‘‘Date Received by Federal State process recommendations that ‘‘Intergovernmental Review of Federal Agency’’—Leave blank. may trigger the ‘‘accommodate or Item 5. ‘‘Applicant Information.’’ Programs,’’ and 45 CFR part 100, explain’’ rule. ‘‘Legal Name’’—Enter the legal name ‘‘Intergovernmental Review of of applicant organization. For Department of Health and Human When comments are submitted applications developed jointly, enter the Services Program and Activities.’’ Under directly to ACF/ADD, they should be name of the lead organization only. the Order, States may design their own addressed to: Department of Health and There must be a single applicant for processes for reviewing and Human Services, Administration for Children and Families, Office of Grants each application. commenting on proposed Federal ‘‘Organizational Unit’’—Enter the Management, 370 L’Enfant Promenade, assistance under covered programs. name of the primary unit within the SW., 8th Floor Washington, DC 20447, Note: State/Territory participation in the applicant organization that will actually intergovernmental review process does not Attn: Lois Hodge, ADD—Projects of carry out the project activity. Do not use signify applicant eligibility for financial National Significance. the name of an individual as the assistance under a program. A potential Contact information for each State’s applicant must meet the eligibility applicant. If this is the same as the requirements of the program for which it is SPOC can be found on the OMB Web applicant organization, leave the applying prior to submitting an application site at http://www.whitehouse.gov/omb/ organizational unit blank. to its State Single Point of Contact (SPOC), grants/spoc.html or by contacting your ‘‘Address’’—Enter the complete if applicable, or to ACF. State Governor’s office. address that the organization actually

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uses to receive mail, since this is the Item 15a. Enter the amount of Federal title and telephone number of the address to which all correspondence funds requested in accordance with the authorized representative of the will be sent. Do not include both street preceding paragraph. This amount applicant organization. address and P.O. box number unless should be no greater than the maximum Item 18d. ‘‘Signature of Authorized both must be used in mailing. amount specified in the Priority Area Representative’’—Signature of the ‘‘Name and telephone number of the description. authorized representative named in Item person to be contacted on matters Items 15b–e. Enter the amount(s) of 18a. At least one copy of the application involving this application (give area funds from non-Federal sources that must have an original signature. Use code)’’—Enter the full name (including will be contributed to the proposed colored ink (not black) so that the academic degree, if applicable) and project. Items b-e are considered cost original signature is easily identified. telephone number of a person who can sharing or ‘‘matching funds.’’ The value Item 18e. ‘‘Date Signed’’— Enter the respond to questions about the of third party in-kind contributions date the application was signed by the application. This person should be should be included on appropriate lines authorized representative. as applicable. For more information accessible at the address given here and 2. SF 424A—Budget Information—Non- regarding funding as well as exceptions will receive all correspondence Construction Programs regarding the application. to these rules, see part III, sections E and Item 6. ‘‘Employer Identification F, and the specific area of emphasis This is a form used by many Federal Number (EIN)’’—Enter the employer description. agencies. For this application, sections identification number of the applicant Item 15f. Enter the estimated amount A, B, C, E and F are to be completed. organization, as assigned by the Internal of program income, if any, expected to Section D does not need to be Revenue Service, including, if known, be generated from the proposed project. completed. the Central Registry System suffix. Do not add or subtract this amount from Sections A and B should include the Item 7. ‘‘Type of Applicant’’—Self- the total project amount entered under Federal as well as the non-Federal explanatory. item 15g. Describe the nature, source funding for the proposed project Item 8. ‘‘Type of Application’’— and anticipated use of this program covering; (1) the total project period of Preprinted on the form. income in the Project Narrative 17 months or less or (2) the first year Item 9. ‘‘Name of Federal Agency’’— Statement. budget period, if the proposed project Preprinted on the form. Item 15g. Enter the sum of items 15a– period exceeds 15 months. Item 10. ‘‘Catalog of Federal Domestic 15e. Section A—Budget Summary. This Assistance Number and Title’’—Enter Item 16a. ‘‘Is Application Subject to section includes a summary of the the Catalog of Federal Domestic Review by State Executive Order 12372 budget. On line 5, enter total Federal Assistance (CFDA) number assigned to Process?’’ If yes, enter the date the costs in column (e) and total non- the program under which assistance is applicant contacted the SPOC regarding Federal costs, including third party in- requested and its title. For the Priority this application. The review of the kind contributions, but not program Area, the following should be entered, application is at the discretion of the income, in column (f). Enter the total of ‘‘93.631—Developmental Disabilities: SPOC. The SPOC will verify the date (e) and (f) in column (g). Projects of National Significance.’’ noted on the application. Section B—Budget Categories. This Item 11. ‘‘Descriptive Title of Item 16b. ‘‘Is Application Subject to budget, which includes the Federal as Applicant’s Project’’—Enter the project Review by State Executive Order 12372 well as non-Federal funding for the title. The title is generally short and is Process?’’ If no, check the appropriate proposed project, covers (1) the total descriptive of the project, and is not the box if the application is not covered by project period of 12 months or (2) the same as Priority Area title. E.O. 12372 or if the program has not first-year budget period if the proposed Item 12. ‘‘Areas Affected by been selected by the State for review. project period exceeds 12 months. It Project’’—Enter the governmental unit Item 17. ‘‘Is the Applicant Delinquent should relate to item 15g, total funding, where significant and meaningful on any Federal Debt?’’—Check the on the SF 424. Under column (5), enter impact could be observed. List only the appropriate box. This question applies the total requirements for funds (Federal largest unit or units affected, such as to the applicant organization, not the and non-Federal) by object class State, county, or city. If an entire unit person who signs as the authorized category. is affected, list it rather than subunits. representative. Categories of debt A separate budget justification should Item 13. ‘‘Proposed Project’’—Enter include audit disallowances, loans, and be included to explain fully and justify the desired start date for the project and taxes. major items, as indicated below. The projected completion date. Item 18. ‘‘To the best of my types of information to be included in Item 14. ‘‘Congressional District of knowledge and belief, all data in this the justification are indicated under Applicant/Project’’—Enter the number application/pre-application are true and each category. The budget justification of the Congressional district where the correct. The document has been duly should immediately follow the second applicant’s principal office is located authorized by the governing body of the page of the SF 424A. and the number of the Congressional applicant and the applicant will comply Personnel—Line 6a. Enter the total district(s) where the project will be with the attached assurances if the costs of salaries and wages of applicant/ located. If Statewide, a multi-State assistance is awarded.’’—To be signed grantee staff. Do not include the costs of effort, or nationwide, enter ‘‘00.’’ by the authorized representative of the consultants, which should be included Items 15. ‘‘Estimated Funding applicant. A copy of the governing on line 6h, ‘‘Other.’’ Levels’’—In completing 15a through 15f, body’s authorization for signature of this Justification: Identify the principal the dollar amounts entered should application by this individual as the investigator or project director, if reflect, for a 12-month project period, official representative must be on file in known. Specify by title or name the the total amount requested. If the the applicant’s office, and may be percentage of time allocated to the proposed project period exceeds 17 requested from the applicant. project, the individual annual salaries, months, enter only those dollar amounts Item 18a–c. ‘‘Typed Name of and the cost to the project (both Federal needed for the first 12 months of the Authorized Representative, Title, and non-Federal) of the organization’s proposed project. Telephone Number’’—Enter the name, staff who will be working on the project.

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Fringe Benefits—Line 6b. Enter the complete this section (section B, Budget applicant’s share is calculated as total costs of fringe benefits, unless Categories) for each delegate agency by follows: treated as part of an approved indirect agency title, along with the supporting (a) Calculate total project indirect cost rate. information. The total cost of all such costs (a*) by applying the applicant’s Justification: Provide a break-down of agencies will be part of the amount approved indirect cost rate to the total amounts and percentages that comprise shown on Line 6f. Provide backup project (Federal and non-Federal) direct fringe benefit costs, such as health documentation identifying the name of costs. insurance, FICA, retirement insurance, contractor, purpose of contract, and (b) Calculate the Federal share of etc. major cost elements. indirect costs (b*) at 8 percent of the Travel—Line 6c. Enter total costs of Construction—Line 6g. Not amount allowed for total project out-of-town travel (travel requiring per applicable. New construction is not (Federal and non-Federal) direct costs diem) for staff of the project. Do not allowable. exclusive of any equipment charges, enter costs for consultant’s travel or Other—Line 6h. Enter the total of all rental of space, tuition and fees, post- local transportation, which should be other costs. Where applicable, such doctoral training allowances, included on Line 6h, ‘‘Other.’’ costs may include, but are not limited contractual items, and alterations and Justification: Include the name(s) of to: insurance; medical and dental costs; renovations. traveler(s), total number of trips, noncontractual fees and travel paid (c) Subtract (b*) from (a*). The destinations, length of stay, directly to individual consultants; local remainder is what the applicant can transportation costs and subsistence transportation (all travel which does not claim as part of its matching cost allowances. require per diem is considered local contribution. Equipment—Line 6d. Enter the total travel); space and equipment rentals; Justification: Enclose a copy of the costs of all equipment to be acquired by printing and publication; computer use; indirect cost rate agreement. Applicants the project. For State and local training costs, including tuition and subject to the limitation on the Federal governments, including Federally stipends; training service costs, reimbursement of indirect costs for recognized Indian Tribes, ‘‘equipment’’ including wage payments to individuals training grants should specify this. is tangible, non-expendable personal and supportive service payments; and Total—Line 6k. Enter the total property having a useful life of more staff development costs. Note that costs amounts of lines 6i and 6j. than one year and acquisition cost of Program Income—Line 7. Enter the identified as ‘‘miscellaneous’’ and $5,000 or more per unit. estimated amount of income, if any, ‘‘honoraria’’ are not allowable. Justification: Equipment to be expected to be generated from this Justification: Specify the costs purchased with Federal funds must be project. Do not add or subtract this included. justified. The equipment must be amount from the total project amount. required to conduct the project, and the Total Direct Charges—Line 6i. Enter Justification: Describe the nature, applicant organization or its subgrantees the total of Lines 6a through 6h. source, and anticipated use of program must not have the equipment or a Indirect Charges—Line 6j. Enter the income in the Program Narrative reasonable facsimile available to the total amount of indirect charges (costs). Statement. project. The justification also must If no indirect costs are requested, enter Section C—Non-Federal Resources. contain plans for future use or disposal ‘‘none.’’ Generally, this line should be This section summarizes the amounts of of the equipment after the project ends. used when the applicant (except local non-Federal resources that will be Supplies—Line 6e. Enter the total governments) has a current indirect cost applied to the grant. Enter this costs of all tangible expendable personal rate agreement approved by the information on line 12 entitled ‘‘Totals.’’ property (supplies) other than those Department of Health and Human In-kind contributions are defined in title included on Line 6d. Services or another Federal agency. 45 of the Code of Federal Regulations, Justification: Specify general Local and State governments should parts 74.51 and 92.24, as ‘‘property or categories of supplies and their costs. enter the amount of indirect costs services which benefit a grant-supported Contractual—Line 6f. Enter the total determined in accordance with HHS project or program and which are costs of all contracts, including; (1) requirements. When an indirect cost contributed by non-Federal third parties procurement contracts (except those rate is requested, these costs are without charge to the grantee, the which belong on other lines such as included in the indirect cost pool and subgrantee, or a cost-type contractor equipment, supplies, etc.) and (2) should not be charged again as direct under the grant or subgrant.’’ contracts with secondary recipient costs to the grant. Justification: Describe third party in- organizations, including delegate In the case of training grants to other kind contributions, if included. agencies. Also include any contracts than State or local governments (as Section D—Forecasted Cash Needs. with organizations for the provision of defined in title 45, Code of Federal Not applicable. technical assistance. Do not include Regulations, part 74), the Federal Section E—Budget Estimate of Federal payments to individuals on this line. If reimbursement of indirect costs will be Funds Needed For Balance of the the name of the contractor, scope of limited to the lesser of the negotiated (or Project. This section should only be work, and estimated total costs are not actual) indirect cost rate or 8 percent of completed if the total project period available or have not been negotiated, the amount allowed for direct costs, exceeds 17 months. include on Line 6h, ‘‘Other.’’ exclusive of any equipment charges, Totals—Line 20. For projects that will Justification: Attach a list of rental of space, tuition and fees, post- have more than one budget period, enter contractors, indicating the names of the doctoral training allowances, the estimated required Federal funds for organizations, the purposes of the contractual items, and alterations and the second budget period (months 13 contracts, and the estimated dollar renovations. through 24) under column ‘‘(b) First.’’ If amounts of the awards as part of the For training grant applications, the a third budget period will be necessary, budget justification. Whenever the entry under line 6j should be the total enter the Federal funds needed for applicant/grantee intends to delegate indirect costs being charged to the months 25 through 36 under ‘‘(c) part or all of the program to another project. The Federal share of indirect Second.’’ Columns (d) and (e) are not agency, the applicant/grantee must costs is calculated as shown above. The applicable in most instances, since

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ACF/ADD funding is almost always pages. The 60-page limit will be strictly with developmental disabilities). Each limited to a three-year maximum project enforced. All pages beyond the first 60 application must include a statement period. They should remain blank. pages of text will be removed prior to providing this assurance. Section F—Other Budget Information. applications being evaluated by the For research projects in which human Direct Charges—Line 21. Not reviewers. A page is a single side of an subjects may be at risk, a Protection of applicable. 81⁄2″ x 11″ sheet of paper with 1″ Human Subjects Assurance may be Indirect Charges—Line 22. Enter the margins. required. If there is a question regarding type of indirect rate (provisional, Applicants are requested not to send the applicability of this assurance, predetermined, final or fixed) that will pamphlets, brochures or other printed contact the Office for Research Risks of be in effect during the funding period, material along with their application as the National Institutes of Health at (301) the estimated amount of the base to these pose copying difficulties. These 496–7041. which the rate is applied, and the total materials, if submitted, will not be indirect expense. included in the review process if they D. Checklist for a Complete Application Remarks—Line 23. If the total project exceed the 60-page limit. Each page of The checklist below is for your use to period exceeds 17 months, you must the application will be counted to ensure that your application package enter your proposed non-Federal share determine the total length. has been properly prepared. of the project budget for each of the —One original, signed and dated 4. Part V: Assurances/Certifications remaining years of the project. application, plus two copies; Applicants have the option of Applicants are required to submit a —Application is from an organization omitting the Social Security Numbers SF 424B, Assurances—Non- that is eligible under the eligibility and specific salary rates of the proposed Construction Programs and the requirements, defined in the Priority project personnel from the two copies Certification Regarding Lobbying. Area description; and submitted with the original application Applicants must provide a certification —Application length does not exceed to ACF. For purposes of the outside concerning lobbying. Prior to receiving 60 pages, including attachments and all review process, applicants may elect to an award in excess of $100,000, federally required forms. summarize salary information on the applicants should furnish an executed A complete application consists of the copies of their application. All salary copy of the lobbying certification following items in this order: information must, however, appear on (approved by the Office of Management —Application for Federal Assistance the signed original application for ACF. and Budget under control number 0348– (SF 424, REV 4–88); 0046). Applicants must sign and return —A completed SPOC certification 3. Project Description the certification with their application. with the date of SPOC contact entered The Project Description is a very Applicants must make the appropriate in line 16, page 1 of the SF 424 if important part of an application. It certification of their compliance with applicable; should be clear, concise, and address the Drug-Free Workplace Act of 1988. —Budget Information—Non- the specific requirements mentioned By signing and submitting the Construction Programs (SF 424A, REV under the Priority Area in part IV. The application, applicants are providing 4–88); narrative should also provide the certification and need not mail back —Budget justification for Section B— information concerning how the the certification with the application. Budget Categories; application meets the evaluation Applicants must make the appropriate —Table of Contents; criteria, using the following headings: certification that they are not presently —Letter from the Internal Revenue (a) Objectives and Need for debarred, suspended or otherwise Service, etc. to prove non-profit status, Assistance; ineligible for the award. By signing and if necessary; (b) Results and Benefits Expected; submitting the application, applicants —Copy of the applicant’s approved (c) Approach; and are providing the certification and need indirect cost rate agreement, if (d) Organization Profile. not mail back the certification with the appropriate; The specific information to be application. —Letter from the Governor in the included under each of these headings Applicant must also understand that applicant’s State or Territory is described in section G of part III, they will be held accountable for the designating the applicant as the lead General Instructions for the Uniform smoking prohibition included within agency; Project Description. Public Law 103–227, part C —Project Description (See Part III, The narrative should be typed double- Environmental Tobacco Smoke (also Section C); spaced on a single-side of an 81⁄2″ x 11″ known as the Pro-Children’s Act of —Letter(s) of commitment verifying plain white paper, with 1″ margins on 1994). A copy of the Federal Register non-Federal cost share all sides, using black print no smaller notice which implements the smoking —Any appendices/attachments; than 12 pitch or 12 point size. All pages prohibition is included with forms. By —Assurances—Non-Construction of the narrative, including attachments signing and submitting the application, Programs (Standard Form 424B, REV 4– (such as charts, references/footnotes, applicants are providing the 88); tables, maps, exhibits, etc.) and letters of certification and need not mail back the —Certification Regarding Lobbying; support must be sequentially numbered, certification with the application. —Certification of Protection of beginning with ‘‘Objectives and Need In addition, applicants are required Human Subjects, if necessary; and for Assistance’’ as page number one. under section 162(c)(3) of the Act to —Certification of the Pro Children Act Applicants should not submit provide assurances that the human of 1994; signature on the application reproductions of larger size paper, rights of all individuals with represents certification. reduced to meet the size requirement. developmental disabilities (especially The length of the application, those individuals without familial E. The Application Package including all attachments and required protection) who will receive services Each application package must Federal forms, must not exceed 60 under projects assisted under part E will include an original and two copies of pages. The federally required forms will be protected consistent with section 110 the complete application. Each copy be count towards the total number of (relating to the rights of individuals should be stapled securely (front and

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back if necessary) in the upper left-hand Name of Committee: National Cancer Place: National Institutes of Health, 6116 corner. All pages of the narrative Institute Special Emphasis Panel, Innovative Executive Boulevard, Rm. 220, Rockville, MD (including charts, tables, maps, exhibits, Toxicology Models for Drug Evaluation. 20852 (Telephone Conference Call). etc.) must be sequentially numbered, Date: July 23–24, 2003. Contact Person: Nancy Caliman, Executive Time: 7 p.m. to 4 p.m. Secretary, Office of Liaison Activities, beginning with page one. In order to Agenda: To review and evaluate grant National Institutes of Health, National Cancer facilitate handling, please do not use applications. Institute, 6116 Executive Boulevard, Suite covers, binders or tabs. Do not include Place: Holiday Inn Select Bethesda, 8120 220, MSC8324, Bethesda, MD 20892, (301) extraneous materials as attachments, Wisconsin Ave, Bethesda, MD 20814. 496–0307, [email protected]. such as agency promotion brochures, Contact Person: Thomas M. Vollberg, PhD, This notice is being published less than 15 slides, tapes, film clips, minutes of Scientific Review Administrator, Special days prior to the meeting date to review the meetings, survey instruments or articles Review and Resources Branch, Division of results of the NCI/DCLG Advocacy Survey of incorporation. Extramural Activities, National Cancer and prepare for the September meeting. Institute, National Institute of Health, 6116 These results are critical to the future of the F. Paperwork Reduction Act of 1995 Executive Boulevard, Suite 703/7142, DCLG. Information is also available on the (Pub. L. 104–13) Rockville, MD 20852, 301/594–9582, Institute’s/Center’s home page: http:// [email protected]. www.deainfo.nci.nih.gov/advisory/dclg/ The Uniform Project Description dclg.htm, where an agenda and any information collection within this This notice if being published less than 15 days prior to the meeting due to the timing additional information for the meeting will announcement is approved under the limitations imposed by the review and be posted when available. Uniform Project Description (0970– funding cycle. (Catalogue of Federal Domestic Assistance 0139), Expiration Date 12/31/2003. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; Public reporting burden for this Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention collection of information is estimated to 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and average 10 hours per response, Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer including the time for reviewing Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology instructions, gathering and maintaining Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; the data needed, and reviewing the Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, 93.398, Cancer Research Manpower, 93.399, Cancer Control, National Institutes of Health, collection of information. HHS) Any Federal agency may not conduct Cancer Control, National Institutes of Health, or sponsor, and a person is not required HHS) Dated: July 8, 2003. to respond to, a collection of Dated: July 8, 2003. Anna P. Snouffer, information unless it displays a Anna P. Snouffer, Acting Director, Office of Federal Advisory currently valid OMB control number. Acting Director, Office of Federal Advisory Committee Policy. (Federal Catalogue of Domestic Assistance Committee Policy. [FR Doc. 03–17792 Filed 7–14–03; 8:45 am] Number 93.631 Developmental Disabilities— [FR Doc. 03–17789 Filed 7–14–03; 8:45 am] BILLING CODE 4140–01–M Projects of National Significance) BILLING CODE 4140–01–M Dated: July 8, 2003. DEPARTMENT OF HEALTH AND Patricia A. Morrissey, DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner, Administration on HUMAN SERVICES Developmental Disabilities. National Institutes of Health [FR Doc. 03–17842 Filed 7–14–03; 8:45 am] National Institutes of Health BILLING CODE 4184–01–P National Center on Minority Health and National Cancer Institute; Notice of Health Disparities; Notice of Closed Meeting Meeting DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the HUMAN SERVICES Pursuant to section 10(a) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as National Institutes of Health amended (5 U.S.C. appendix 2), notice amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the is hereby given of the following National Cancer Institute; Notice of National Cancer Institute Director’s meeting. Closed Meeting Consumer Liaison Group. The meeting will be closed to the public in accordance with the Pursuant to section 10(d) of the The meeting will be open to the public, with attendance limited to space provisions set forth in sections Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice available. Individuals who plan to attend and need special assistance, such as amended. The grant applications and is hereby given of the following the discussions could disclose meeting. as sign language interpretation or other reasonable accommodations, should confidential trade secrets or commercial The meeting will be closed to the property such as patentable material, public in accordance with the notify the Contact Person listed below in advance of the meeting. and personal information concerning provisions set forth in sections individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Cancer applications, the disclosure of which as amended. The grant applications and Institute Director’s Consumer Liaison Group. would constitute a clearly unwarranted Date: July 29, 2003. the discussions could disclose invasion of personal privacy. confidential trade secrets or commercial Time: 12 p.m. to 2 p.m. property such as patentable material, Agenda: Update on NCI/DCLG Advocacy Name of Committee: National Center on Survey; Consumer Advocates in Research Minority Health and Health Disparities and personal information concerning and Related Activities update; preparation Special Emphasis Panel. Special Emphasis individuals associated with the grant for September 24, 2003 face-to-face DCLG Panel Research Infrastructure in Minority applications, the disclosure of which meeting; update on Clinical Trials project; Institutions (RIMI) Program. would constitute a clearly unwarranted and President’s Cancer Panel survivorship Date: August 7, 2003. invasion of personal privacy. initiative. Time: 8 a.m. to 5 p.m.

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Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance applications. HUMAN SERVICES Program Nos. 93.271, Alcohol Research Place: Bethesda Marriott, 5151 Pooks Hill Career Development Awards for Scientists Road, Bethesda, MD 20814. National Institutes of Health and Clinicians; 93.272, Alcohol National Contact Person: Teresa Chapa, PhD, MPA, Research Service Awards for Research Chief, Division of Extramural Activities, National Institute on Alcohol Abuse Training; 93.273, Alcohol Research Programs; National Center on Minority Health and and Alcoholism; Notice of Closed 93.891, Alcohol Research Center Grants, Health Disparities, National Institutes of National Institutes of Health, HHS) Health, Bethesda, MD 20852, (301) 402–1366, Meetings Dated: July 8, 2003. [email protected]. Pursuant to section 10(d) of the Anna P. Snouffer, Dated: July 9, 2003. Federal Advisory Committee Act, as Acting Director, Office of Federal Advisory Anna Snouffer, amended (5 U.S.C. Appendix 2), notice Committee Policy. Deputy Director, Office of Federal Advisory is hereby given of the following [FR Doc. 03–17788 Filed 7–14–03; 8:45 am] Committee Policy. meetings. [FR Doc. 03–17861 Filed 7–14–03; 8:45 am] The meetings will be closed to the BILLING CODE 4140–01–M BILLING CODE 4140–01–M public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND as amended. The grant applications and HUMAN SERVICES HUMAN SERVICES the discussions could disclose National Institutes of Health confidential trade secrets or commercial National Institutes of Health property such as patentable material, National Institute of General Medical and personal information concerning Sciences; Notice of Closed Meeting National Center on Minority Health and individuals associated with the grant Health Disparities; Notice of Closed applications, the disclosure of which Meeting Pursuant to section 10(d) of the would constitute a clearly unwarranted Federal Advisory Committee Act, as Pursuant to section 10(d) of the invasion of personal privacy. amended (5 U.S.C. appendix 2), notice Federal Advisory Committee Act, as Name of Committee: National Institute on is hereby given of the following amended (5 U.S.C. Appendix 2), notice Alcohol Abuse and Alcoholism Special meeting. is hereby given of the following Emphasis Panel. The meeting will be closed to the Date: July 11, 2003. meeting. public in accordance with the The meeting will be closed to the Time: 2 p.m. to 4 p.m. Agenda: To review and evaluate grant provisions set forth in sections public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections applications. Place: National Institutes of Health, Wilco as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Building, 6000 Executive Boulevard, the discussions could disclose as amended. The grant applications and Bethesda, MD 20892, (Telephone Conference confidential trade secrets or commercial the discussions could disclose Call). property such as patentable material, confidential trade secrets or commercial Contact Person: Mahadev Murthy, PhD, and personal information concerning property such as patentable material, Scientific Review Administrator, Extramural individuals associated with the grant Project Review Branch, Office of Scientific and personal information concerning applications, the disclosure of which individuals associated with the grant Affairs, National Institute on Alcohol Abuse and Alcoholism, 6000 Executive Blvd., Suite would constitute a clearly unwarranted applications, the disclosure of which invasion of personal privacy. would constitute a clearly unwarranted 409, Bethesda, MD 20892–7003, (301) 443– 2860. invasion of personal privacy. Name of Committee: National Institute of This notice is being published less than 15 General Medical Sciences Special Emphasis Name of Committee: National Center on days prior to the meeting due to the timing Panel, Research Center in Trauma, Burn, and Minority Health and Health Disparities limitations imposed by the review and Perioperative Injury. Special Emphasis Panel, ZMD1(03) funding cycle. Date: August 4–5, 2003. Establishing Comprehensive Centers Grants. Name of Committee: National Institute on Time: 8 p.m. to 6 p.m. Date: July 21–22, 2003. Alcohol Abuse and Alcoholism Special Agenda: To review and evaluate grant Time: 8:30 a.m. to 5 p.m. Emphasis Panel, PA AA03–029 Agenda: To review and evaluate grant applications. Pharmacotherapy to Treat the Comorbidity of Place: Hyatt Regency Bethesda, One applications. Alcohol and Substance Use Disorders ZAA1 Place: Four Points Sheraton of Bethesda, Bethesda Metro Center, 7400 Wisconsin BB (22) R01s. Avenue, Bethesda, MD 20814. 8400 Wisconsin Ave., Ambassador 1, Date: July 24, 2003. Contact Person: Carole H. Latker, PhD, Bethesda, MD 20814. Time: 10:15 a.m. to 12 p.m. Scientific Review Administrator, Office of Contact Person: Tommy L. Broadwater, Agenda: To review and evaluate grant Scientific Review, National Institute of PhD, Senior Advisor to the Director, National applications. Center on Minority Health and Health Place: 6000 Executive Boulevard, Willco General Medical Sciences, National Institutes Disparities, 6707 Democracy Plaza, Room Building, Suite 409, Rockville, MD 20852, of Health, Natcher Building, Room 3AN–18B, 800, Bethesda, MD 20892, (301) 402–1366. (Telephone Conference Call). Bethesda, MD 20892, 301–594–2848, This notice is being published less than 15 Contact Person: Elsie D. Taylor, Scientific [email protected]. days prior to the meeting due to the timing Review Administrator, Extramural Project (Catalogue of Federal Domestic Assistance limitations imposed by the review and Review Branch, National Institute on Alcohol Program Nos. 93.375, Minority Biomedical funding cycle. Abuse and Alcoholism, National Institutes of Research Support; 93.821, Cell Biology and Dated: July 9, 2003. Health, Suite 409, 6000 Executive Blvd., Biophysics Research; 93.859, Pharmacy, Physiology, and Biological Chemistry Anna Snouffer, Bethesda, MD 20892–7003, 301–443–9787, [email protected]. Research; 93.862, Genetics and Deputy Director, Office of Federal Advisory This notice is being published less than 15 Developmental Biology Research; 93.88, Committee Policy. days prior to the meeting due to the timing Minority Access to Research Careers; 93.96, [FR Doc. 03–17862 Filed 7–14–03; 8:45 am] limitations imposed by the review and Special Minority Initiatives, National BILLING CODE 4140–01–M funding cycle. Institutes of Health, HHS)

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Dated: July 8, 2003. DEPARTMENT OF HEALTH AND is hereby given of the following Anna P. Snouffer, HUMAN SERVICES meeting. Acting Director, Office of Federal Advisory The meeting will be closed to the Committee Policy. National Institutes of Health public in accordance with the [FR Doc. 03–17790 Filed 7–14–03; 8:45 am] provisions set forth in sections National Institute of Mental Health; BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Closed Meeting as amended. The grant applications and Pursuant to section 10(d) of the the discussions could disclose DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as confidential trade secrets or commercial HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice property such as patentable material, is hereby given of the following and personal information concerning National Institutes of Health meeting. individuals associated with the grant The meeting will be closed to the applications, the disclosure of which National Institute of General Medical public in accordance with the would constitute a clearly unwarranted Sciences; Notice of Closed Meeting provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Pursuant to section 10(d) of the as amended. The contract proposals and Mental Health Special Emphasis Panel, HIV Federal Advisory Committee Act, as the discussions could disclose Reservoirs in the Nervous System: an SIV amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Model. is hereby given of the following property such as patentable material, Date: August 7, 2003 meeting. Time: 2 p.m. to 4:30 p.m. and personal information concerning Agenda: To review and evaluate grant The meeting will be closed to the individuals associated with the contract applications public in accordance with the proposals, the disclosure of which Place: National Institutes of Health, provisions set forth in sections would constitute a clearly unwarranted Neuroscience Center, 6001 Executive 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Boulevard, Rockville, MD 20852, (Telephone as amended. The grant applications and Conference Call). Name of Committee: National Institute of Contact Person: Houmam H. Araj, PhD, the discussions could disclose Mental Health Special Emphasis Panel, Scientific Review Administrator, Division of confidential trade secrets or commercial Handheld Devices for Assessment. Extramural Activities, National Institute of property such as patentable material, Date: August 8, 2003. Mental Health, NIH, Neuroscience Center, and personal information concerning Time: 11:30 a.m. to 2 p.m. 6001 Executive Blvd., Room 6148, MSC 9608, Agenda: To review and evaluate contract individuals associated with the grant Bethesda, MD 20892–9608, 301–443–1340, proposals. applications, the disclosure of which [email protected]. Place: National Institutes of Health, would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance invasion of personal privacy. Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Program Nos. 93.242, Mental Health Research Name of Committee: National Institute of Conference Call). Grants; 93.281, Scientist Development General Medical Sciences Special Emphasis Contact Person: David I. Sommers, PhD, Award, Scientist Development Award for Panel, MBRS Support of Continuous Scientific Review Administrator, Division of Clinicians, and Research Scientist Award; Research Excellence. Extramural Activities, National Institute of 93.282, Mental Health National Research Date: July 23, 2003. Mental Health, NIH, Neuroscience Center, Service Awards for Research Training, Title: 11 a.m. to 12:30 p.m. 6001 Executive Blvd., Room 6144, MSC 9606, National Institutes of Health, HHS) Agenda: To review and evaluate grant Bethesda, MD 20892–9606, 301–443–7861, Dated: July 8, 2003 applications. [email protected]. Anna P. Snouffer, Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance Acting Director, Office of Federal Advisory Natcher Building, 45 Center Drive, Bethesda, Program Nos. 93.242, Mental Health Research Committee Policy. MD 20892 (Telephone Conference Call). Grants; 93.281, Scientist Development Contact Person: Helen R. Sunshine, PhD, Award, Scientist Development Award for [FR Doc. 03–17794 Filed 7–14–03; 8:45 am] Chief, Office of Scientific Review, NIGMS, Clinicians, and Research Scientist Award; BILLING CODE 4140–01–M Natcher Building, Room 1AS–13, Bethesda, 93.282, Mental Health National Research MD 20892, (301) 594–2881. Service Awards for Research Training, This notice is being published less than 15 National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND days prior to the meeting due to the timing HUMAN SERVICES limitations imposed by the review and Dated: July 8, 2003. funding cycle. Anna P. Snouffer, National Institutes of Health (Catalogue of Federal Domestic Assistance Acting Director, Office of Federal Advisory National Institute of Child Health and Program Nos. 93.375, Minority Biomedical Committee Policy. Research Support; 93.821, Cell Biology and [FR Doc. 03–17793 Filed 7–14–03; 8:45 am] Human Development; Notice of Closed Meeting Biophysics Research; 93.859, Pharmacology, BILLING CODE 4140–01–M Physiology, and Biological Chemistry Pursuant to section 10(d) of the Research; 93.862, Genetics and Federal Advisory Committee Act, as Developmental Biology Research; 93.88, DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Minority Access to Research Careers; 93.96, HUMAN SERVICES Special Minority Initiatives, National is hereby given of the following Institutes of Health, HHS) meeting. National Institutes of Health The meeting will be closed to the Dated: July 8, 2003. public in accordance with the Anna P. Snouffer, National Institute of Mental Health; Notice of Closed Meeting provisions set forth in sections Acting Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Pursuant to section 10(d) of the as amended. The contract proposals and [FR Doc. 03–17791 Filed 7–14–03; 8:45 am] Federal Advisory Committee Act, as the discussions could disclose BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial

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property such as patentable material, Agenda: To review and evaluate grant This notice is being published less than 15 and personal information concerning applications. days prior to the meeting due to the timing individuals associated with the contract Place: Embassy Suites at the Chevy Chase limitations imposed by the review and proposals, the disclosure of which Pavilion, 4300 Military Road, NW., funding cycle. Washington, DC 20015. would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance Contact Person: Rita Anand, PhD, Program Nos. 93.847, Diabetes, invasion of personal privacy. Scientific Review Administrator, Division of Endocrinology and Metabolic Research; Name of Committee: National Institute of Scientific Review, National Institute of Child 93.848, Digestive Diseases and Nutrition Child Health and Human Development Health and Human Development, NIH, 9000 Research; 93.849, Kidney Diseases, Urology Special Emphasis Panel, ‘‘Robotics for Rockville Pike, MSC 7510, 6100 Building, and Hematology Research, National Institutes Rehabilitation.’’ Room 5B01, Bethesda, MD 20892, (301) 496– of Health, HHS) 1487, [email protected]. Date: August 3–5, 2003. Dated: July 8, 2003. Time: 6 p.m. to 5 p.m. (Catalogue of Federal Domestic Assistance Anna Snouffer, Agenda: To review and evaluate contract Program Nos. 93.864, Population Research; proposals. 93.865, Research for Mothers and Children; Acting Director, Office of Federal Advisory Place: Ramada Inn Rockville, 1775 93.929, Center for Medical Rehabilitation Committee Policy. Rockville Pike, Rockville, MD 20852. Research; 93.209, Contraception and [FR Doc. 03–17857 Filed 7–14–03; 8:45 am] Contact Person: Hameed Khan, PhD, Infertility Loan Repayment Program, National BILLING CODE 4140–01–M Scientific Review Administrator, Division of Institutes of Health, HHS) Scientific Review, National Institute of Child Dated: July 8, 2003. Health and Human Development, National Anna P. Snouffer, DEPARTMENT OF HEALTH AND Institutes of Health, 6100 Executive Blvd., HUMAN SERVICES Room 5E01, Bethesda, MD 20892, (301) 435– Acting Director, Office of Federal Advisory 6902, [email protected]. Committee Policy. National Institutes of Health (Catalogue of Federal Domestic Assistance [FR Doc. 03–17796 Filed 7–14–03; 8:45 am] Program Nos. 93.864, Population Research; BILLING CODE 4140–01–M National Institute of Allergy and 93.865, Research for Mothers and children; Infectious Diseases; Notice of Closed 93.929, Center for Medical Rehabilitation Meeting Research; 93.209, Contraception and DEPARTMENT OF HEALTH AND infertility Loan Repayment Program, National HUMAN SERVICES Pursuant to section 10(d) of the Institutes of Health, HHS) Federal Advisory Committee Act, as Dated: July 8, 2003 National Institutes of Health amended (5 U.S.C. Appendix 2), notice Anna P. Snouffer, is hereby given of the following National Institute of Diabetes and meeting. Acting Director, Office of Federal Advisory Digestive and Kidney Diseases; Notice The meeting will be closed to the Committee Policy. of Closed Meeting public in accordance with the [FR Doc. 03–17795 Filed 7–14–03; 8:45 am] provisions set forth in sections BILLING CODE 4140–01–M Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Federal Advisory Committee Act, as as amended. The contract proposals and amended (5 U.S.C. Appendix 2), notice the discussions could disclose DEPARTMENT OF HEALTH AND is hereby given of the following confidential trade secrets or commercial HUMAN SERVICES meeting. property such as patentable material, The meeting will be closed to the and personal information concerning National Institutes of Health public in accordance with the individuals associated with the contract provisions set forth in sections proposals, the disclosure of which National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Human Development; Notice of Closed as amended. The grant applications and invasion of personal privacy. Meeting the discussions could disclose confidential trade secrets or commercial Name of Committee: National Institute of Pursuant to section 10(d) of the property such as patentable material, Allergy and Infectious Diseases Special Federal Advisory Committee Act, as and personal information concerning Emphasis Panel, Production and Testing of amended (5 U.S.C. Appendix 2), notice Anthrax Recombinant Protective Antigen individuals associated with the grant is hereby given of the following (rPA) Vaccine. applications, the disclosure of which meeting. Date: July 21–22, 2003. would constitute a clearly unwarranted Time: 8:30 a.m. to 2 p.m. The meeting will be closed to the invasion of personal privacy. Agenda: To review and evaluate contract public in accordance with the proposals. Name of Committee: National Institute of provisions set forth in sections Place: Marriott Gaithersburg Diabetes and Digestive and Kidney Diseases 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Washingtonian Center, 9751 Washingtonian Special Emphasis Panel, Pediatric Boulevard, Salons F&G, Gaithersburg, MD as amended. The grant applications and Gastroenterology and Nutrition. the discussions could disclose 20878. Date: July 28, 2003. Contact Person: Vassil St. Georgiev, PhD, confidential trade secrets or commercial Time: 3 p.m. to 4:30 p.m. Scientific Review Administrator, Scientific property such as patentable material, Agenda: To review and evaluate grant Review Program, Division of Extramural and personal information concerning applications. Activities, NIAID/NIH/DHHS, Room 2102, individuals associated with the grant Place: National Institutes of Health, Two 6700–B Rockledge Drive, MSC 7616, applications, the disclosure of which Democracy Plaza, 6707 Democracy Bethesda, MD 20892, (301) 496–2550, would constitute a clearly unwarranted Boulevard, Bethesda, MD 20892 (Telephone [email protected]. Conference Call). invasion of personal privacy. This notice is being published less than 15 Contact Person: Paul A. Rushing, PhD, days prior to the meeting due to the timing Name of Committee: National Institute of Scientific Review Administrator, Review limitations imposed by the review and Child Health and Human Development Branch, DEA, NIDDK, Room 747, 6706 funding cycle. Special Emphasis Panel, EARDA. Democracy Boulevard, National Institutes of Date: August 1, 2003. Health, Bethesda, MD 20892, (301) 594–8895, (Catalogue of Federal Domestic Assistance Time: 9 a.m. to 3 p.m. [email protected]. Program Nos. 93.855, Allergy, Immunology,

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and Transplantation Research; 93.856, DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Microbiology and Infectious Diseases HUMAN SERVICES HUMAN SERVICES Research, National Institutes of Health, HHS) Dated: July 9, 2003. National Institutes of Health National Institutes of Health Anna Snouffer, National Institute of Dental & Center for Scientific Review; Notice of Deputy Director, Office of Federal Advisory Craniofacial Research; Notice of Closed Meetings Committee Policy. Closed Meetings [FR Doc. 03–17859 Filed 7–14–03; 8:45 am] Pursuant to section 10(d) of the Federal Advisory Committee Act, as BILLING CODE 4140–01–M Pursuant to section 10(d) of the amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as is hereby given of the following amended (5 U.S.C. Appendix 2), notice meetings. DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES The meetings will be closed to the meetings. public in accordance with the National Institutes of Health The meetings will be closed to the provisions set forth in sections public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Allergy and provisions set forth in sections as amended. The grant applications and Infectious Diseases; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose Meeting as amended. The grant applications confidential trade secrets or commercial and/or contract proposals and the property such as patentable material, Pursuant to section 10(d) of the discussions could disclose confidential and personal information concerning Federal Advisory Committee Act, as trade secrets or commercial property individuals associated with the grant amended (5 U.S.C. Appendix 2), notice such as patentable material, and applications, the disclosure of which is hereby given of the following personal information concerning would constitute a clearly unwarranted meeting. individuals associated with the grant invasion of personal privacy. The meeting will be closed to the applications and/or contract proposals, Name of Committee: Center for Scientific public in accordance with the the disclosure of which would Review Special Emphasis Panel, School provisions set forth in sections constitute a clearly unwarranted Related Research. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Date: July 14, 2003. as amended. The grant applications and Name of Committee: National Institute of Time: 9 a.m. to 11 a.m. Agenda: To review and evaluate grant Dental and Craniofacial Research Special the discussions could disclose applications. Emphasis Panel 03–79, Review of R13s. confidential trade secrets or commercial Place: National Institutes of Health, 6701 property such as patentable material, Date: August 5, 2003. Rockledge Drive, Bethesda, MD 20892 and personal information concerning Time: 1 p.m. to 3 p.m. (Telephone Conference Call). individuals associated with the grant Agenda: To review and evaluate grant Contact Person: Victoria S. Levin, MSW, applications, the disclosure of which applications. Scientific Review Administrator, Center for Place: National Institutes of Health, Scientific Review, National Institutes of would constitute a clearly unwarranted Natcher Building, 45 Center Drive, Bethesda, invasion of personal privacy. Health, 6701 Rockledge Drive, Room 3172, MD 20892, (Telephone Conference Call). MSC 7848, Bethesda, MD 20892 (301) 435– Name of Committee: National Institute of Contact Person: H. George Hausch, PhD, 0912, [email protected]. Allergy and Infectious Diseases Special Acting Director, 4500 Center Drive, Natcher This notice is being published less than 15 Emphasis Panel, Biodefense and Emerging Building, Rm. 4AN44F, National Institutes of days prior to the meeting due to the timing Infectious Diseases Research Opportunities. Health, Bethesda, MD 20892, (301) 594–2372, limitations imposed by the review and _ Date: August 14, 2003. george [email protected]. funding cycle. Time: 2 p.m. to 5 p.m. Name of Committee: National Institute of Name of Committee: Center for Scientific Agenda: To review and evaluate grant Dental and Craniofacial Research Special Review Special Emphasis Panel, Stress and applications. Emphasis Panel 03–63, Review of R01s. Sensory Controls in Hyperphagia. Place: NIAID/NIH/DHHS, 6700–B Date: August 21, 2003. Date: July 14, 2003. Rockledge Drive, 3145, Bethesda, MD 20892, Time: 1 p.m. to 3 p.m. Time: 12 p.m. to 2 p.m. Agenda: To review and evaluate grant (Telephone Conference Call). Agenda: To review and evaluate grant applications and/or proposals. applications. Contact Person: Geetha P. Bansal, PhD, Place: National Institutes of Health, 6701 Scientific Review Administrator, Scientific Place: National Institutes of Health, Natcher Building, 45 Center Drive, Bethesda, Rockledge Drive, Bethesda, MD 20892 Review Program, Division of Extramural MD 20892, (Telephone Conference Call). (Telephone Conference Call). Activities, NIAID/NIH/DHHS, Room 3145, Contact Person: H. George Hausch, PhD, Contact Person: Daniel R. Kenshalo, PhD, 6700–B Rockledge Drive, MSC 7616, Acting Director, 4500 Center Drive, Natcher Scientific Review Administrator, Center for Scientific Review, National Institutes of Bethesda, MD 20892, (301) 402–5658, Building, Rm. 4AN44F, National Institutes of Health, 6701 Rockledge Drive, Room 5176, [email protected]. Health, Bethesda, MD 20892, (301) 594–2372, MSC 7844, Bethesda, MD 20892, 301–435– [email protected]. (Catalogue of Federal Domestic Assistance 1255. Program Nos. 93.855, Allergy, Immunology, (Catalogue of Federal Domestic Assistance This notice is being published less than 15 and Transplantation Research; 93.856, Program Nos. 93.121, Oral Diseases and days prior to the meeting due to the timing Microbiology and Infectious Diseases Disorders Research, National Institutes of limitations imposed by the review and Research, National Institutes of Health, HHS) Health, HHS) funding cycle. Dated: July 9, 2003. Dated: July 9, 2003. Name of Committee: Center for Scientific Anna Snouffer, Anna Snouffer, Review Special Emphasis Panel, Axon Guidance and Plasticity Fellowships. Deputy Director, Office of Federal Advisory Acting Director, Office of Federal Advisory Date: July 23, 2003. Committee Policy. Committee Policy. Time: 5 p.m. to 6 p.m. [FR Doc. 03–17860 Filed 7–14–03; 8:45 am] [FR Doc. 03–17864 Filed 7–14–03; 8:45 am] Agenda: To review and evaluate grant BILLING CODE 4140–01–M BILLING CODE 4140–01–M applications.

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Place: The Fairmont Washington, 2401 M provisions set forth in sections Agenda: To review and evaluate grant Street, NW., Washington, DC 20037. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Contact Person: Joanne T. Fujii, PhD, as amended. The grant applications and Place: Hotel Monaco, 700 F Street NW., Scientific Review Administrator, Center for the discussions could disclose Washington, DC 20001. Scientific Review, National Institutes of Contact Person: Arnold Revzin, PhD, Health, 6701 Rockledge Drive, Room 5204, confidential trade secrets or commercial Scientific Review Administrator, Center for MSC 7850, Bethesda, MD 20892, (301) 435– property such as patentable material, Scientific Review, National Institutes of 1178, [email protected]. and personal information concerning Health, 6701 Rockledge Drive, Room 4184, This notice is being published less than 15 individuals associated with the grant MSC 7824, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing applications, the disclosure of which 1153. limitations imposed by the review and would constitute a clearly unwarranted Name of Committee: Center for Scientific funding cycle. invasion of personal privacy. Review Special Emphasis Panel, Telehealth Technologies Development. Name of Committee: Center for Scientific Name of Committee: Center for Scientific Review Special Emphasis Panel, Advanced Date: July 24–25, 2003. Review Special Emphasis Panel, ZRG1 BDCN Time: 7 p.m. to 5 p.m. Neurotechnology. 2 02M: Member Conflict: Brain Disorders and Agenda: To review and evaluate grant Date: August 1, 2003. Clinical Neurosciences IRG. applications. Time: 8:30 a.m. to 5 p.m. Date: July 17–18, 2003. Place: Holiday Inn Chevy Chase, 5520 Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. Wisconsin Avenue, Chevy Chase, MD 20815. applications. Agenda: To review and evaluate grant Contact Person: David George, PhD, Office Place: Embassy Suites at the Chevy Chase applications. of Scientific Review, Nat’l Inst of Biomedical Pavilion, 4300 Military Road, NW., Place: Melrose Hotel, 2430 Pennsylvania Imaging & Bioengineering, National Institutes Washington, DC 20015. Ave., NW., Washington, DC 20037. of Health, 6707 Democracy Blvd, Suite 920, Contact Person: Peter B. Guthrie, PhD, Contact Person: William C. Benzing, PhD, MSC 5469, Bethesda, MD 20892, (301) 496– Scientific Review Administrator, Center for Scientific Review Administrator, Center for 8633, [email protected]. Scientific Review, National Institutes of Scientific Review, National Institutes of Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5214, Health, 6701 Rockledge Drive, Room 5190, Review Special Emphasis Panel, SSS–M (57) MSC 7850, Bethesda, MD 20892, (301) 435– MSC 7846, Bethesda, MD 20892, (301) 435– R01 Tissue Engineering RFA: EB–03–10. 1239, [email protected]. 1254, [email protected]. Date: July 28–29, 2003. Name of Committee: Center for Scientific This notice is being published less than 15 Time: 8 a.m. to 5 p.m. Review Emphasis Panel, Studies of Alveolar days prior to the meeting due to the timing Agenda: To review and evaluate grant Rhabdomyosarcoma. limitations imposed by the review and applications. Date: August 1, 2003. funding cycle. Place: Wyndham City Center Hotel, 1143 Time: 2 p.m. to 4 p.m. Name of Committee: Center for Scientific New Hampshire Avenue, NW., Washington, Agenda: To review and evaluate grant Review Special Emphasis Panel, MDR-Efflux; DC 20037. applications. Contact Person: Jean D. Sipe, PhD, Nanoparticle. Place: National Institutes of Health, 6701 Scientific Review Administrator, Center for Date: July 21, 2003. Rockledge Drive, Bethesda, MD 20892 Scientific Review, National Institutes of (Telephone Conference Call). Time: 1:30 p.m. to 2:30 p.m. Health, 6701 Rockledge Drive, Rm. 4106, Contact Person: Syed M. Quadri, PhD, Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892–7814, (301) Scientific Review Administrator, Center for applications. 435–1743, [email protected]. Place: National Institutes of Health, Wilco Scientific Review, National Institutes of Name of Committee: Center for Scientific Building, 6000 Executive Boulevard, Health, 6701 Rockledge Drive, Room 6210, Review Special Emphasis Panel, Genomic Bethesda, MD 20892, (Telephone Conference MSC 7804, Bethesda, MD 20892, (301) 435– Technology and Cytogenetics. Call). 1211. Date: July 28, 2003. Contact Person: Neal B. West, PhD, Time: 8:30 a.m. to 5 p.m. (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Center for Program Nos. 93.306, Comparative Medicine; Agenda: To review and evaluate grant Scientific Review, National Institutes of 93.333; Clinical Research, 93.306, 93.333, applications. Health, 6701 Rockledge Drive, Room 3202, 93.337, 93.393–93.396, 93.837–93.844, Place: Bethesda Marriott, 5151 Pooks Hill MSC 7808, Bethesda, MD 20892–7808, (301) 93.846–93.878, 93.892, 93.893, National Road, Bethesda, MD 20814. 435–2514, [email protected]. Institutes of Health, HHS) Contact Person: Sally Ann Amero, PhD, This notice is being published less than 15 Scientific Review Administrator, Center for Dated: July 8, 2003. days prior to the meeting due to the timing Scientific Review, Genetic Sciences Anna P. Snouffer, limitations imposed by the review and Integrated Review Group, National Institutes Acting Director, Office of Federal Advisory funding cycle. of Health, 6701 Rockledge Drive, Room 2206, Committee Policy. Name of Committee: Center for Scientific MSC7890, Bethesda, MD 20892–7890, (301) [FR Doc. 03–17797 Filed 7–14–03; 8:45 am] Review Special Emphasis Panel, 435–1159, [email protected]. Strepbiofilm. BILLING CODE 4140–01–M Name of Committee: Center for Scientific Date: July 23, 2003. Review Special Emphasis Panel, Novel Time: 1 p.m. to 2 p.m. Genetic Methods. Agenda: To review and evaluate grant Date: July 28, 2003. DEPARTMENT OF HEALTH AND applications. Time: 8:30 a.m. to 5 p.m. HUMAN SERVICES Place: National Institutes of Health, Wilco Agenda: To review and evaluate grant Building, 6000 Executive Boulevard, applications. National Institutes of Health Bethesda, MD 20892. Place: Jurys Washington Hotel, 1500 New Contact Person: Jean Hickman, PhD, Hampshire Avenue, NW., Washington, DC Center of Scientific Review; Notice of Scientific Review Administrator, Center for 20036. Closed Meetings Scientific Review, National Institutes of Contact Person: Carl D. Banner, PhD, Health, 6701 Rockledge Drive, Room 4194, Scientific Review Administrator, Center for Pursuant to section 10(d) of the MSC 7808, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Federal Advisory Committee Act, as 1146. Health, 6701 Rockledge Drive, Room 5212, amended (5 U.S.C. Appendix 2), notice Name of Committee: Center for Scientific MSC 7850, Bethesda, MD 20892, (301) 435– is hereby given of the following Review Special Emphasis Panel, ZRG1 BBCB 1251, [email protected]. meetings. (50) Nanoscience and Nanotechnology. Name of Committee: Center for Scientific The meetings will be closed to the Date: July 24–25, 2003. Review Special Emphasis Panel, ZRG1 PTHB public in accordance with the Time: 8 a.m. to 7 p.m. 05M: DNA Repair.

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Date: July 28, 2003. MSC 7804, Bethesda, MD 20892, (301) 435– Contact Person: George W. Chacko, Phd, Time: 1 p.m. to 4 p.m. 1718. [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel Dopamine Health, 6701 Rockledge Drive, Room 4186, Place: National Institutes of Health, 6701 Receptors. MSC 7806, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Date: July 29, 2003. 1220, [email protected]. (Telephone Conference Call). Time: 11 a.m. to 12:30 p.m. Name of Committee: Center for Scientific Contact Person: Martin L. Padarathsingh, Agenda: To review and evaluate grant Review Special Emphasis Panel Rare PhD, Scientific Review Administrator, Center applications. Diseases RFA, Clinical Research Centers. for Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Date: July 30, 2003. Health, 6701 Rockledge Drive, Room 6212, Rockledge Drive, Bethesda, MD 20892, Time: 9 a.m. to 5:30 p.m. MSC 7804, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Agenda: To review and evaluate grant 1717. Contact Person: Gordon L. Johnson, PhD, applications. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Place: Holiday Inn Select Bethesda, 8120 Review Special Emphasis Panel Cancer Scientific Review, National Institutes of Wisconsin Ave, Bethesda, MD 20814. Prevention, Treatment and Survivorship. Health, 6701 Rockledge Drive, Room 4136, Contact Person: Scott Osborne, PhD, Date: July 28, 2003. MSC 7802, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Time: 1 p.m. to 3 p.m. 1212. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4114, applications. Review Special Emphasis Panel SNEM 1 MSC 7816, Bethesda, MD 20892, (301) 435– Place: National Institutes of Health, 6701 Member Conflict: Community Level Health 1782. Rockledge Drive, Bethesda, MD 20892, Promotion. Name of Committee: Center for Scientific (Telephone Conference Call). Date: July 29, 2003. Review Special Emphasis Panel Contact Person: Mariela Shirley, PhD, Time: 1 p.m. to 5 p.m. Musculoskeletal Special Emphasis Panel. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Date: July 30, 2003. Scientific Review, National Institutes of applications. Time: 11:30 a.m. to 1 p.m. Health, 6701 Rockledge Drive, Room 3148, Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant MSC 7759, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, applications. 3554. [email protected]. (Telephone Conference Call). Place: National Institutes of Health, 6701 Contact Person: Gertrude K. McFarland, Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, DNSC, FAAN, Scientific Review Review Special Emphasis Panel Bone (Telephone Conference Call). Administrator, Center for Scientific Review, Contact Person: Jo Pelham, BA, Scientific Biology. National Institutes of Health, 6701 Rockledge Date: July 28, 2003. Review Administrator, Center for Scientific Drive, Room 3156, MSC 7770, Bethesda, MD Review, National institutes of Health, 6701 Time: 1:30 to 3:30 p.m. 20892, (301) 435–1784, [email protected]. Agenda: To review and evaluate grant Rockledge Drive, Room 4102, MSC 7814, applications. Name of Committee: Center for Scientific Bethesda, MD 20892, (301) 435–1786. Review Special Emphasis Panel ZRG1 PTHB Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific 06M: Chemoprevention in Cancer. Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel Neuroaids Date: July 29, 2003. (Telephone Conference Call). and Other End-Organ Diseases. Time: 1 p.m. to 3 p.m. Contact Person: Pricilla B. Chen, PhD, Date: July 30, 2003. Agenda: To review and evaluate grant Scientific Review Administrator, Center for applications. Time: 11:30 a.m. to 1:30 p.m. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4104, Rockledge Drive, Bethesda, MD 20892, applications. MSC 7814, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Place: National Institutes of Health, 6701 1787. Contact Person: Martin L. Padarathsingh, Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific PhD, Scientific Review Administrator, Center (Telephone Conference Call). Review Special Emphasis Panel Reviews in for Scientific Review, National Institutes of Contact Person: Abraham P. Bautista, MS, Eating Disorders. Health, 6701 Rockledge Drive, Room 6212, MSC, PhD, Scientist Review Administrator, Date: July 28, 2003. MSC 7804, Bethesda, MD 20892, (301) 435– Center for Scientific Review, National Time: 2 p.m. to 4:30 p.m. 1717. Institutes of Health, 6701 Rockledge Drive, Room 5102, MSC 7852, Bethesda, MD 20892, Agenda: To review and evaluate grant Name of Committee: Center for Scientific (301) 435–1506, [email protected]. applications. Review Special Emphasis Panel Data and Place: National Institutes of Health, 6701 Technology Coordinating Center Special Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Emphasis Panel RFA–RR–033–008. Review Special Emphasis Panel Pain: (Telephone Conference Call). Date: July 29, 2003. Receptions & Behavior. Contact Person: Mary Sue Krause, MED, Time: 12 p.m. to 5:30 p.m. Date: July 30, 2003. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Time: 1 p.m. to 3:30 p.m. Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3182, Place: Holiday Inn Select Bethesda, 8120 applications. MSC 7848, Bethesda, MD 20892, (301) 435– Wisconsin Ave, Bethesda, MD 20814. Place: National Institutes of Health, 6701 0902. [email protected]. Contact Person: Scott Osborne, PhD, Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific Scientific Review Administrator, Center for (Telephone Conference Call). Review Special Emphasis Panel Cancer Scientific Review, National Institutes of Contact Person: John Bishop, PhD, Therapy. Health, 6701 Rockledge Drive, Room 4114, Scientific Review Administrator, Center for Date: July 28, 2003. MSC 7816, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Time: 3 p.m. to 5 p.m. 1782. Health, 6701 Rockledge Drive, Room 5180, Agenda: To review and evaluate grant Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, (301) 435– applications. Review Special Emphasis Panel ZRG1 SSS– 1250. Place: National Institutes of Health, 6701 H (92) Drug Dev for Cancer. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Date: July 30, 2003. Review Special Emphasis Panel, ZRG1 PC (Telephone Conference Call). Time: 9 a.m. to 4 p.m. (02)S Pathobiochemistry (member). Contact Person: Philip Perkins, PhD, Agenda: To review and evaluate grant Date: July 30, 2003. Scientific Review Administrator, Center for applications. Time: 1 p.m. to 2 p.m. Scientific Review, National Institutes of Place: Holiday Inn Select Bethesda, 8120 Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6208, Wisconsin Ave, Bethesda, MD 20814. applications.

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Place: National Institutes of Health, 6701 93.846–93.878, 93.892, 93.893, National The patent rights in these inventions Rockledge Drive, Bethesda, MD 20892, Institutes of Health, HHS) have been assigned to the United States (Telephone Conference Call). of America. Contact Person: Richard Panniers, PhD, Dated: July 8, 2003. Scientific Review Administrator, Center for Anna Snouffer, The prospective exclusive license Scientific Review, National Institutes of Director, Office of Federal Advisory territory will be China, Taiwan and Heath, 6701 Rockledge Drive, Room 5148, Committee Policy. Hong Kong and the field of use may be 7842, Bethesda, MD 20892 (301) 435–1741. [FR Doc. 03–17858 Filed 7–14–03; 8:45 am] limited to therapy for asthma and other Name of Committee: Center for Scientific immunological disorders. Review Special Emphasis Panel Cancer BILLING CODE 4140–01–M Molecular Pathobiology. DATES: Only written comments and/or Date: July 30, 2003. license applications that are received by DEPARTMENT OF HEALTH AND Time: 3 p.m. to 5 p.m. the National Institutes of Health on or Agenda: To review and evaluate grant HUMAN SERVICES applications. before September 15, 2003 will be Place: National Institutes of Heath, 6701 National Institutes of Health considered. Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call). Center for Scientific Review; Amended ADDRESSES: Requests for copies of the Contact Person Sharon K. Gubanich, PhD, Notice of Meeting patent, inquiries, comments and other Scientific Review Administrator, Center for materials relating to the contemplated Scientific Review, National Institutes of Notice is hereby given of a change in exclusive license should be directed to: Health, 6701 Rockledge Drive, Room 4140, the meeting of the Center for Scientific Brenda J. Hefti, Technology Licensing MSC 7804, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel, July 17, 1767. Specialist, Office of Technology 2003, 8:30 a.m. to July 18, 2003, 5 p.m., Transfer, National Institutes of Health, Name of Committee: Center for Scientific The Fairmont Washington, DC., 2401 M 6011 Executive Boulevard, Suite 325, Review Special Emphasis Panel SBIR Special Street, NW., Washington, DC, 20037 Rockville, MD 20852–3804. Telephone: Emphasis Panel. which was published Federal Register Date: July 31–August 1, 2003. (301) 435–4632; Facsimile: (301) 402– on July 17, 2003, 68 FR 40273–40276. Time: 9 a.m. to 5 p.m. 0220; and E-mail: [email protected]. Agenda: To review and evaluate grant The meeting will be three days July applications. 16–18, from 7 p.m. to 5 p.m. The SUPPLEMENTARY INFORMATION: The Place: One Washington Circle Hotel, One location remains the same. The meeting prospective exclusive license: will be Washington Circle, Washington, DC 20037. is closed to the public royalty-bearing and will comply with Contact Person: Jo Pelham, BA, Scientific Dated: July 9, 2003. the terms and conditions of 35 U.S.C. Review Administrator, Center for Scientific 209 and 37 CFR 404.7. The prospective Review, National Institutes of Health, 6701 Anna Snouffer, Rockledge Drive, Room 4102, MSC 7814, Acting Director, Office of Federal Advisory exclusive license may be granted unless Bethesda, MD 20892, (301) 435–1786. Committee Policy. within sixty (60) days from the date of Name of Committee: Center for Scientific [FR Doc. 03–17863 Filed 7–14–03; 8:45 am] this published notice, the NIH receives Review Special Emphasis Panel Image BILLING CODE 4140–01–M written evidence and argument that Processing and Language Description. establish that the grant of the license Date: July 31, 2003. would not be consistent with the Time: 1 p.m. to 2 p.m. DEPARTMENT OF HEALTH AND requirements of 35 U.S.C. 209 and 37 Agenda: To review and evaluate grant HUMAN SERVICES CFR part 404.7. applications. Place: National Institutes of Health, 6701 National Institutes of Health The technology claimed in the issued Rockledge Drive, Bethesda, Md 20892, patent relates to mutated forms of IL–13, (Telephone Conference Call). Prospective Grant of Exclusive either agonists or antagonists, which Contact Person: Weijia Ni, PHD, Scientific License: ‘‘Modulating IL–13 Activity have higher binding affinity for the IL– Review Administrator, Center for Scientific Using Mutated IL–13 Molecules That Review, National Institutes of Health, 6701 13 receptor than does wild-type IL–13. Rockledge Drive, Room 3190, MSC 7848, (for Are Antagonists or Agonists of IL–13’’, The application also claims therapeutic overnight mail use room # and 20817 zip), PCT Application PCT/US00/31044 uses of these mutated forms of IL–13, Bethesda, MD 20892, (301) 435–1507, AGENCY: National Institutes of Health and their use as targeting moieties. [email protected]. and Food and Drug Administration, Applications for a license in the field Name of Committee: Center for Scientific Public Health Service, DHHS. of use filed in response to this notice Review Special Emphasis Panel Studies of Brian Tumors. ACTION: Notice. will be treated as objections to the grant Date: July 31, 2003. of the contemplated exclusive license. Time: 1 p.m. to 3 p.m. SUMMARY: This is notice, in accordance Comments and objections submitted to Agenda: To review and evaluate grant with 35 U.S.C. 209(c)(1) and 37 CFR this notice will not be made available applications. 404.7(a)(1) (i), that the Food and Drug for public inspection and, to the extent Place: National Institutes of Health, 6701 Administration and the Department of permitted by law, will not be released Rockledge Drive, Bethesda, MD 20892, Health and Human Services is (Telephone Conference Call). under the Freedom of Information Act, contemplating the grant of an exclusive 5 U.S.C. 552. Contact Person: Syed M. Quadri, PhD, license to practice the inventions Scientific Review Administrator, Center for embodied in PCT application PCT/ Dated: July 8, 2003. Scientific Review, National Institutes of Steven M. Ferguson, Health, 6701 Rockledge Drive, Room 6210, US00/31044, entitled ‘‘Modulating IL– MSC 7804, Bethesda, MD 20892, (301) 435– 13 Activity Using Mutated IL–13 Acting Director, Division of Technology 1211. Molecules that are Antagonists or Development and Transfer, Office of (Catalogue of Federal Domestic Assistance Agonists of IL–13’’, which was filed on Technology Transfer. Program Nos. 93.306, Comparative Medicine; November 10, 2000, to Lee’s [FR Doc. 03–17865 Filed 7–14–03; 8:45 am] 93.333, Clinical Research, 93.306, 93.333, Pharmaceutical Holdings, Limited, BILLING CODE 4140–01–P 93.337, 93.393–93.396, 93.837–93.844, which is incorporated in Hong Kong.

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DEPARTMENT OF HOMELAND section 516, Tariff Act of 1930, as sweetening matter, not elsewhere SECURITY amended, regarding the classification, specified or included: Other: Milk under the Harmonized Tariff Schedule protein concentrates’’ which has a Coast Guard of the United States, of certain imported general duty rate of 0.37 cents per [USCG–2003–15589] dairy protein blends. The petition asked kilogram, and is not subject to a tariff- CBP to review the classification of these rate quota. Chemical Transportation Advisory products and change the classification The petition filed by the domestic Committee; Charter Renewal from a non-quota classification into a interested party pursuant to section 516, quota classification. On April 1, 2003, Tariff Act of 1930, as amended, (19 AGENCY: Coast Guard, DHS. after reviewing comments received in U.S.C. 1516), contended that certain ACTION: Notice of charter renewal. response to the petition, CBP issued a merchandise is not eligible for Headquarters decision denying the classification in subheading 0404.90.10, SUMMARY: The Secretary of Homeland petition and affirming the current HTSUS, because in petitioner’s view it Security has renewed the charter for the classification of the milk protein blends. does not conform to all the requirements Chemical Transportation Advisory On April 29, 2003, pursuant to 19 CFR set forth in Additional U.S. Note 13 to Committee (CTAC) for 2 years from July 175.23, the domestic interested party Chapter 4 (set forth above). The petition 1, 2003, until July 1, 2005. CTAC is a petitioner filed a notice with CBP that asked CBP to review two classification Federal advisory committee under 5 it desired to contest this decision. rulings on products identified as ‘‘milk U.S.C. App.2 (Pub. L. 92–463, 86 Stat. Pursuant to Section 516(c), this notice protein concentrates.’’ On September 770). It advises the Coast Guard on safe attaches CBP’s determination as to the 18, 2002, a notice of the petition was and secure transportation and handling classification of the merchandise and published in the Federal Register (67 of hazardous materials in bulk on U.S.- notification of petitioner’s desire to FR 58837) informing the public of the flag vessels and barges in U.S. ports and contest that decision. petition and inviting comments on the waterways. DATES: July 15, 2003. correctness of CBP classification of the ADDRESSES: You may request a copy of FOR FURTHER INFORMATION CONTACT: merchandise. the charter by writing to Commandant Peter T. Lynch, General Classification After careful review of arguments set (G-MSO–3), U.S. Coast Guard, 2100 Branch, Office of Regulations and forth by petitioner, as well as those Second Street SW., Washington, DC Rulings, CBP, Department of Homeland raised by comments received in 20593–0001; by calling 202–267–1217; Security, 202–572–8778. response to the Federal Register Notice, or by faxing 202–267–4570. This notice SUPPLEMENTARY INFORMATION: CBP determined that the classification and the charter are available on the contained in the rulings under review Internet at http://dms.dot.gov in docket Background was correct and, on April 1, 2003 issued [USCG–2003–15589]. Classification of Merchandise the decision appended hereto, which FOR FURTHER INFORMATION CONTACT: denied the petitioner’s requested Commander Robert Hennessy, Executive Classification under the Harmonized reclassification of the goods. Director of CTAC, or Ms. Sara Ju, Tariff Schedule of the United States On April 29, 2003, pursuant to 19 Assistant to the Executive Director, (HTSUS) is made in accordance with CFR 175.23, by letter to the CBP, telephone 202–267–1217, fax 202–267– the General Rules of Interpretation petitioner filed a notice that it desired 4570. (GRIs). GRI 1 provides that classification to contest the classification of the goods. shall be determined according to the Dated: July 9, 2003. The notice to contest designated the terms of the headings and any relative ports at which the goods are currently Joseph J. Angelo, section or chapter notes. Merchandise being entered and at which petitioner Director of Standards, Marine Safety, that cannot be classified in accordance desires to protest the liquidation of one Security, and Environmental Protection. with GRI 1 is to be classified in entry of the goods. [FR Doc. 03–17837 Filed 7–14–03; 8:45 am] accordance with subsequent GRIs taken Authority: This notice is published in BILLING CODE 4910–15–P in order. accordance with 19 CFR 175.24 and 19 Milk Protein Concentrates/Milk Protein U.S.C. 1516. DEPARTMENT OF HOMELAND Blends Dated: July 9, 2003. SECURITY Classification of dairy products is Robert C. Bonner, essentially based on the composition of Commissioner, Customs and Border Bureau of Customs and Border the product. In the matter here in issue, Protection. Protection direction is also provided by Additional HQ 965592 U.S. Note 13 to Chapter 4, HTSUS, Notice of Decision on Domestic which states: ‘‘For the purposes of April 1, 2003. Interested Party Petition and Notice of subheading 0404.90.10, the term ‘‘milk CLA–2 RR:CR:GC 965592ptl Desire To Contest Decision protein concentrate’’ means any Category: Classification. AGENCY: Customs and Border Protection, complete milk protein (casein plus Tariff No.: 0404.90.10. Department of Homeland Security. lactalbumin) concentrate that is 40 RE: Domestic Interested Party Petition on Dairy Protein Blends. ACTION: Notice of petitioner’s desire to percent or more protein by weight.’’ contest Customs decision in response to CBP has classified several products Mr. Robert Torresen, Sidley Austin Brown & Wood, LLP, 1501 K Street, NW., domestic interested party petition. which are called milk protein concentrates under subheading Washington, DC 20005. Dear Mr. Torresen: This letter concerns SUMMARY: On September 18, 2002, the 0404.90.10, HTSUS, which provides for: Customs decision regarding a petition you U.S. Customs Service (now Customs and ‘‘Whey, whether or not concentrated or filed on behalf of the National Milk Border Protection (CBP)) published in containing added sugar or other Producers Federation (NMPF), pursuant to the Federal Register a notice of receipt sweetening matter; products consisting Section 516, Tariff Act of 1930, as amended of a domestic interested party petition of natural milk constituents, whether or (19 U.S.C. 1516), involving the tariff which had been received pursuant to not containing added sugar or other classification of certain products referred to

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as dairy protein blends under the Both products contain over 40 percent total casein and lactalbumin content exceeds Harmonized Tariff Schedule of the United protein by weight. Additionally, product 2 40 percent by weight. States (HTSUS). also contains a significantly higher percentage of fat than naturally occurs in Law and Analysis Facts milk. Neither ruling contains any information Merchandise is classifiable under the On June 21, 2001, NMPF requested that about how the product was manufactured Harmonized Tariff Schedule of the United Customs initiate a proceeding under Section and there is no indication that this States (HTSUS) in accordance with the 625(c) of the Tariff Act of 1930, as amended information was provided to Customs. General Rules of Interpretation (GRIs). The (19 U.S.C. 1625(c)), to modify various ruling Unfortunately, any materials which might systematic detail of the HTSUS is such that letters relating to the classification under the have been included in the original case files most goods are classified by application of HTSUS of certain dairy protein blends were lost in the destruction of the New York GRI 1, that is, according to the terms of the identified as ‘‘milk protein concentrates’’ Customs House at the World Trade Center on headings of the tariff schedule and any (MPC). Should Customs not initiate a September 11, 2001. relative Section or Chapter Notes. In the proceeding under section 625, NMPF As requested, Customs reviewed the event that the goods cannot be classified requested that its communication be classification decisions in both NY 800374 solely on the basis of GRI 1, and if the considered a domestic interested party and NY D83787. This review did not headings and legal notes do not otherwise petition pursuant to Section 516 of the Tariff persuade Customs that the classification in require, the remaining GRIs may then be Act of 1930, as amended (19 U.S.C. 1516). those rulings was incorrect. Therefore, on Specifically, NMPF contends that certain September 18, 2002, in accordance with the applied in order. dairy products classified in New York ruling procedures outlined in 19 U.S.C. 1516, and In understanding the language of the letters (NY) 800374, dated July 27, 1994, and Title 19, Code of Federal Regulations, Part HTSUS, the Harmonized Commodity NY D83787, dated November 13, 1998, did 175 (19 CFR Part 175), Customs published a Description and Coding System Explanatory not meet the statutory definition of MPC and notice of ‘‘Receipt of Domestic Interested Notes may be utilized. The Explanatory were therefore not classifiable in subheading Party Petition Concerning Tariff Notes (ENs), although not dispositive or 0404.90.10, HTSUS, which provides for Classification of Dairy Protein Blends’’ in the legally binding, provide a commentary on the ‘‘milk protein concentrates.’’ In its Federal Register (67 FR 58837). Customs scope of each heading of the HTSUS, and are submission, NMPF suggests that the subject summarized the NMPF contentions and the official interpretation of the Harmonized dairy protein blends should be classified in invited the public to comment on the System at the international level. See T.D. heading 0402, HTSUS, which provides for correctness of the rulings cited and the 89–80, 54 Fed. Reg. 35127, 35128 (August 23, milk and cream, concentrated or containing arguments made by NMPF. During the 1989). added sugar or other sweetening matter. comment period that ended on November 18, The HTSUS provisions under The products in the rulings you have 2002, Customs received over 960 comments. consideration are as follows: identified are described by the importer as Many of the comments contained nearly 0402—Milk and cream, concentrated or being milk protein concentrates. According identical language expressing support for or containing added sugar or other to the rulings, the products have the opposition to the NMPF position. sweetening matter: following ingredients: 0404—Whey, whether or not concentrated or Product 1: Lactose (42.2 percent, ± 0.5 Issue containing added sugar or other percent), protein (41.5 percent, ± 0.5 Whether milk protein concentrates of sweetening matter; products consisting of percent), ash (8.2 percent, ± 0.5 percent), subheading 0404.90.10, HTSUS, are limited moisture (4.1 percent, ± 0.3 percent), and fat to products produced by ultrafiltration and natural milk constituents, whether or not (2.5 percent, ± 0.5 percent) (NY 800374). containing casein and lactalbumin in the containing added sugar or other Product 2: Protein (41 percent), fat (29 same proportion as found in milk, or whether sweetening matter, not elsewhere specified percent), minerals (7 percent), and moisture they also include a blend of milk constituents or included: (6 percent) (NY D83787). and concentrated milk proteins where the * * * * *

0404.90 ...... Other: 0404.90.10 ...... Milk protein concentrates Other: Dairy products described in additional U.S. note 1 to chapter 4: 0404.90.28 ...... Described in general note 15 of the tariff schedule and entered pursuant to its provisions. 0404.90.30 ...... Described in additional U.S. note 10 to this chapter and entered pursuant to its provisions. 0404.90.50 ...... Other 1 llllll 1 See subheadings 9904.04.50–9904.05.01.

Additional U.S. Note 13 to Chapter 4 described as ‘‘concentrates,’’ since you concentrate form. You claim that only describes ‘‘Milk protein concentrate’’ as contend that they have not been produced products made by the ultrafiltration process follows: and concentrated by means of ultrafiltration. contain such proteins. You also contend that 13. For purposes of subheading 0404.90.10, You assert that the language of Additional milk proteins obtained from methods other the term ‘‘milk protein concentrate’’ means U.S. Note 13 is intended to restrict than ultrafiltration are neither complete nor any complete milk protein (casein plus classification in subheading 0404.90.10, fully functional. You state that products lactalbumin) concentrate that is 40 percent or HTSUS, to products which have been produced by means other than ultrafiltration more protein by weight. produced from skim milk by a process are not products described in the note and You contend that the products classified in known as ultrafiltration. In that process, skim are not eligible for classification in NY 800374 and NY D83787 are not milk is forced through a membrane which subheading 0404.90.10, HTSUS. ‘‘complete milk proteins’’ as defined by allows smaller lactose, water, mineral, and You refer to two Customs Headquarters Additional U.S. Note 13 because they are not vitamin molecules to pass through the ruling letters, HQ 070297, dated October 7, ‘‘unified protein complexes in which both membrane, while the larger protein and fat 1982, and HQ 073235, dated December 21, the casein and lactalbumin are present in the molecules are retained and concentrated. 1983, in which an ultrafiltrated product same proportion, relative to each other, as You argue that the phrase ‘‘complete milk referred to as Total Milk Proteinate (TMP) they are found in milk.’’ Even though the protein (casein plus lactalbumin)’’ requires containing nearly 90 percent milk protein rulings do not provide information about the that a product classified in subheading was classified as a product in chief value of method of manufacture, you also contend 0404.90.10 contain only fully functional, casein and not subject to the dairy quota. that neither product of the rulings can be single (unified) protein complexes in Despite the fact that these rulings were

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issued under the Tariff Schedules of the ‘‘Milk Protein Concentrates.’’ We have restrictions you describe. Moreover, there is United States (TSUS) (the predecessor to the determined that the products are goods of nothing in the legislative history that Harmonized Tariff Schedule of the United heading 0404, HTSUS. We must now demonstrates an intent to limit the provision States), you argue that they show a clear determine whether the products are included to ultrafiltrated products. Finally, as many intent of Customs to classify only products within the scope of the legal definition of commenters pointed out, and the study which are manufactured by means of milk protein concentrate contained in performed by the General Accounting Office ultrafiltration in non-quota provisions. In Additional U.S. Note 13 to Chapter 4. on this issue made clear, the term ‘‘milk your view, these rulings served as the A number of the comments received in protein concentrates’’ is used in commerce to impetus for Congressional modification of response to the 516 Notice discussed the refer to a class of products much broader the TSUS. To support your position you terms of Additional U.S. Note 13. Many of than those produced by ultrafiltration. For provided language from the 1984 Senate the comments contend that your position, example, the study states that products Finance Committee Report on the Omnibus which limits coverage of the Note to products known as milk protein concentrates Tariff and Trade Measures (S. Prt 98–219) produced by ultrafiltration, is not supported produced in Canada are made by blending which created three new provisions in the by the language of the Note. These comments milk proteins. (General Accounting Office, TSUS to provide for: Whey Protein point out that when Congress was drafting Report to Congressional Requesters, Dairy Concentrate (Item 118.35); Lactalbumin (Item the Note, it could have used restrictive Products: Imports, Domestic Production, and 118.40); and Milk Protein Concentrate (Item language to achieve the result you urge. Regulation of Ultra-filtered Milk, GAO–01– 118.45). The Committee report describes total However, this was not done. 326, March 2001, at 7). Tariff terms are milk proteinate as being ‘‘a soluble milk These commenters state that in the food presumed to reflect their commercial proteinate in which casein and undenatured industry, the term ‘‘milk protein meaning. (Nylos Trading Co. v. United States, whey products are isolated as a single protein concentrates’’ is commonly used to refer to 37 CCPA 71 (1949); Carl Zeiss, Inc v. United complex.’’ a wide variety of products of varying States, 195 F.3d 1375 (1999), citing Simod That Committee Report also contained a composition. These products are Am. Corp. v. United States, 872 F.2d 1572 proposed TSUS Headnote defining milk manufactured to specification to render them (Fed. Cir. 1989). protein concentrate as ‘‘any milk protein suitable for specific end uses in the food For a product to be eligible for concentrate that is 40 percent or more protein industry. In addition, they point out that classification in subheading 0404.90.10, by weight.’’ You contend that the report certain milk protein concentrates are HTSUS, it must be a concentrate. You argue demonstrates that only ultrafiltrated milk obtained by a combination of ultrafiltration that the term refers to a product that has had protein concentrates were intended to be and blending, while other products contain liquids removed from it to make it stronger, included within the non-quota tariff milk proteins that are isolated from milk by and that only ultrafiltered products satisfy provision created by Congress. When the other processes such as precipitation. They this requirement. Customs itself initially HTSUS was adopted, the non-quota contend that products containing 40 percent considered this view in 2001, when, as part treatment of MPCs was carried forward to the or more protein by weight have more protein of a Notice of proposed revocation, it stated: subheading at issue. However, you concede than milk and are thus milk protein ‘‘the common dictionary meaning of the that Congress did not include any language concentrates. They also note that if Congress words ‘milk protein concentrate’ would be a in either the TSUS Headnote, or the HTSUS intended the provision to be limited to the protein product derived from milk in which Additional U.S. Note, which explicitly total milk proteinate that was the subject of the milk protein content has been intensified identifies any particular manufacturing the previous Customs ruling, it would not or purified by the removal of ’foreign or process as being required for MPC. have enacted the broad language of inessential’ milk constituents, such as water, As stated above, goods are classified under Additional Note 13 and would not have set minerals and lactose.’’ (See Customs Bulletin the HTSUS according to the terms of the the milk protein threshold as low as 40 and Decisions, Vol. 35, No. 40, October 3, headings and relevant section and chapter percent. 2001). notes and by applying the GRIs in order. You Upon consideration of the petition and the Comments received in response to that have contended that the MPC products in the comments submitted, Customs agrees with Notice noted that products known in the identified rulings should be classified in the comments received that the Note does not trade as milk protein concentrates were in heading 0402, HTSUS. Heading 0402, restrict MPCs to any particular method of fact produced by a variety of methods other HTSUS, provides for: Milk and cream, manufacture. Rather, the Note speaks to than ultrafiltration. They argued these concentrated or containing added sugar or ‘‘any’’ complete milk protein concentrate products, e.g., a blend of skim milk and whey other sweetening matter. ‘‘Concentrated’’ which contains a specified protein protein concentrates or caseinates, were milk is defined by the U.S. Food and Drug percentage by weight. The use of the term concentrates since they were dairy products Administration (FDA) as being ‘‘the liquid ‘‘any’’ suggests that a broad rather than whose milk protein content was higher than food obtained by partial removal of water restrictive reading of the note was intended. that found in milk. from milk.’’ The products which are the The Note does require that the protein be Upon further consideration, Customs subjects of the disputed rulings are not ‘‘complete’’ which, according to the Note, agrees that such products may be considered concentrated milk, but rather are products requires that it contain casein and concentrates within the meaning of the which consist of milk constituents. The ENs lactalbumin. However, the Note neither provision. These products consist of milk to heading 0404, HTSUS, provide, in requires that the proteins be in the same constituents whose protein content has been pertinent part, ‘‘The heading also covers proportion as they are found in milk, nor intensified by blending with a concentrated fresh or preserved products consisting of does it specify relative percentages of the milk protein such as whey protein milk constituents, which do not have the protein components. It requires only that the concentrate or caseinates. same composition as the natural product, source of the proteins be milk, that casein In that same proposed revocation, Customs provided they are not more specifically and lactalbumin be present, and that they referred to an International Dairy Federation covered elsewhere. Thus the heading constitute 40 percent or more, by weight, of publication of May 1992, as the basis for the includes products which lack one or more the product. statement that ‘‘The dairy industry has natural milk constituents, milk to which None of the conditions you urge such as specific terminology and parameters when natural milk constituents have been added retention of ‘‘fully functional properties’’ and referring to milk protein concentrate.’’ (to obtain, for example, a protein-rich that the proteins not be ‘‘denatured’’, which While that statement reflected certain product).’’ As such, milk protein you have indicated are requirements for information before Customs at the time of the concentrates are described by the terms of inclusion in the subheading 0404.90.10, are proposal, comments received thereafter heading 0404 and not those of heading 0402. specified in the text of Additional U.S. Note revealed that there is no standard of identity Accordingly, they are ineligible for 13 to Chapter 4. Had Congress intended the for MPC recognized under the Codex classification in heading 0402 and we must subheading to be limited to only those Alimentarius or other international non- now determine the correct subheading for the products which meet the standards you governmental organizations. Similarly, there products within heading 0404, HTSUS. specify, it could have drafted the provision is no recognized commercial standard for The manufacturers and importers buy and accordingly. However, the text that was these products. Milk protein concentrates sell the products under consideration as adopted does not contain any of the narrow contain varying amounts of milkfat, proteins

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and other constituents which are customized 800374, dated July 27, 1994 and NY D83787, (202) 708–3000, (this is not a toll free by producers to meet the needs of customers. dated November 13, 1998 is correct. number) for copies of the proposed It has become clear that in the dairy Accordingly, Customs hereby denies your forms and other available information. industry, it currently is common practice to petition to reclassify the subject products, SUPPLEMENTARY INFORMATION: create products by adding ingredients, which referred to as dairy protein blends. The may, in fact be protein concentrates Department is submitting the proposed themselves (such as whey protein Holding information collection to OMB for concentrates or caseinates), to raw materials. The classification of milk protein review, as required by the Paperwork The resulting products are marketed and sold concentrates in subheading 0404.90.10, Reduction Act of 1995 (44 U.S.C. to customers as milk protein concentrates. HTSUS, in NY 800374, dated July 27, 1994 chapter 35, as amended). This practice is acknowledged by the and NY D83787, dated November 13, 1998, This Notice is soliciting comments previously cited EN to heading 0404, ‘‘Thus which were the subject of the domestic from members of the public and affected the heading includes * * * milk to which interested party petition, is correct, and these agencies concerning the proposed natural milk constituents have been added rulings are affirmed. collection of information to: (1) Evaluate (to obtain, for example, a protein-rich Please be advised that pursuant to 19 CFR product).’’ 175.23, if you so wish, you may file a notice whether the proposed collection is Based upon the foregoing information that you desire to contest the classification of necessary for the proper performance of provided in the comments, Customs decided the subject products within 30 days of the the functions of the agency, including to withdraw the proposed revocation of the date of this letter. Such notice should also whether the information will have rulings. designate the port or ports at which the practical utility; (2) Evaluate the Additional U.S. Note 13 to Chapter 4, in products are being imported into the United accuracy of the agency’s estimate of the our view, describes a product, not a process. States, and at which you desire to protest. burden of the proposed collection of The provision cannot be seen to specify all Sincerely, information; (3) Enhance the quality, the methods that might be employed to create Myles B. Harmon, utility, and clarity of the information to MPC, in part because they had not been Director, Commercial Rulings Division. developed. Technologies have developed be collected; and (4) Minimize the since 1984 which enable manufacturers to [FR Doc. 03–17802 Filed 7–14–03; 8:45 am] burden of the collection of information produce an increasing number of varieties of BILLING CODE 4820–02–P on those who are to respond; including products that are entered into the the use of appropriate automated marketplace and offered for sale to collection techniques or other forms of purchasers which are identified as MPCs. DEPARTMENT OF HOUSING AND information technology, e.g., permitting This analysis of tariff language was recently URBAN DEVELOPMENT electronic submission of responses. employed by the United States Court of This Notice also lists the following International Trade when, in reference to [Docket No. FR–4820–N–31] information: chemical products, it stated: ‘‘* * * the tariff Title of Proposal: Assisted Living schedule should not be interpreted by Notice of Proposed Information Conversion Program (ALCP). reference to the method of producing the Collection: Comment Request; OMB Control Number, if applicable: chemical compound at issue, instead of the Assisted Living Conversion Program 2502–0542. relative simplicity of the finished product’s (ALCP) chemical structure. Relying on method of Description of the need for the production would undermine any AGENCY: Office of the Assistant information and proposed use: The consistency in the classification of imported Secretary for Housing-Federal Housing information collection is a grant chemicals, as new and complex chemical Commissioner, HUD. application and reporting forms for processes are developed constantly.’’ E.T. HUD’s Assisted Living Conversion ACTION: Notice. Horn Co. v. United States, CIT Slip Op. 03– Program (ALCP). HUD will use the grant 20 (February 27, 2003). SUMMARY: The proposed information applications to determine an applicant’s Over the course of many years, Customs collection requirement described below need for and capacity to administer has classified many different products grant funds. The applicants are usually identified as MPCs in subheading 0404.90.10, will be submitted to the Office of HTSUS. These products contain varying Management and Budget (OMB) for not-for-profit institutions. HUD will amounts of proteins and other ingredients review, as required by the Paperwork evaluate applications through the use of such as milkfat and lactose. The Reduction Act. The Department is statutory and administratively determinative factor in these rulings has been soliciting public comments on the designated selection criteria. the protein content, not the manufacturing subject proposal. Agency form numbers, if applicable: process (see, HQ 950484, dated January 3, DATES: Comments Due Date: September HUD–50080–ALCP, HUD–92045, HUD– 1992, a product produced from skim milk by 15, 2003. 424, HUD–424B, HUD–2880, HUD– a chromatographic separation process, 2991, and SF–269. ADDRESSES: containing 76 to 80 percent protein; NY Interested persons are Estimation of the total numbers of 812858, dated August 3, 1995, a product invited to submit comments regarding hours needed to prepare the information produced from coagulated, heated skim milk, this proposal. Comments should refer to containing 80 percent protein; NY 800374, collection including number of the proposal by name and/or OMB respondents, frequency of response, and dated July 27, 1994, process unidentified, Control Number and should be sent to: protein content 41 percent; HQ 965395, dated hours of response: The estimated total Wayne Eddins, Reports Management number of burden hours needed to April 5, 2002, a product produced either by Officer, Department of Housing and dry blending nonfat dry milk, whey protein prepare the information collection is concentrate 35 and fine, 90-mesh casein or by Urban Development, 451 7th Street, 2,550; the number of respondents is 30 mixing condensed liquid skim milk with SW., L’Enfant Plaza Building, Room generating approximately 135 annual whey protein concentrate 35 and casein, 8003, Washington, DC 20410 or _ responses; the frequency of response is containing 42 to 44 percent protein). Wayne [email protected]. quarterly, semi-annually, and annually; Moreover, these products were bought and FOR FURTHER INFORMATION CONTACT: sold in the trade as MPCs. and the estimated time needed to Based upon the above analysis of the Willie Spearmon, Director, Office of prepare the response varies from 15 language of the tariff, the arguments you Housing Assistance and Grant minutes to 80 hours. raised and the comments received in Administration, Department of Housing Status of the proposed information response to the Notice, Customs finds that and Urban Development, 451 7th Street collection: Extension of a currently the classification provided in rulings NY SW., Washington, DC 20410, telephone approved collection.

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Authority: The Paperwork Reduction Act 15. The Docket Clerks, in the Office of Accordingly, the Secretary delegates of 1995, 44 U.S.C., chapter 35, as amended. General Counsel. authority as follows: Dated: July 7, 2003. Section B. Authority Revoked Section A. Authority Delegated Sean G. Cassidy, This delegation revokes and General Deputy Assistant Secretary for The President of Ginnie Mae is Housing-Deputy Federal Housing supersedes the delegation of authority delegated the authority of the Secretary Commissioner. published on October 23, 1995 (60 FR with respect to management of Ginnie [FR Doc. 03–17770 Filed 7–14–03; 8:45 am] 54380). Mae and Ginnie Mae’s programs, BILLING CODE 4210–27–M Authority: Sections 7(d) and (g), pursuant to Title III of the National Department of Housing and Urban Housing Act, 12 U.S.C. 1716 et seq. Development Act (42 U.S.C. 3535(d) and (g)). Section B. Authority To Redelegate DEPARTMENT OF HOUSING AND Dated: July 2, 2003. The authority delegated in this URBAN DEVELOPMENT Mel Martinez, document may be redelegated by the Secretary. [Docket No. FR–4837–D–33] President of Ginnie Mae in writing to [FR Doc. 03–17769 Filed 7–14–03; 8:45 am] officials in Ginnie Mae except the Delegation of Authority To Affix BILLING CODE 4210–32–P authority to issue and waive regulations. Department Seal and Authenticate Documents Section C. Authority Excepted DEPARTMENT OF HOUSING AND AGENCY: Office of the Secretary, HUD. The authority delegated in this URBAN DEVELOPMENT document does not include the ACTION: Delegation of authority. [Docket No. FR–4837–D–13] authority to sue and be sued. SUMMARY: This delegation of authority Authority: Section 7(d), Department of revises and updates the designation of Delegation of Authority to the Housing and Urban Development Act, 42 Department officials and staff President of the Government National U.S.C. 3535(d). Mortgage Association designated to affix the Department’s seal Dated: June 30, 2003. and authenticate copies of documents. AGENCY: Office of the Secretary, HUD. Mel Martinez, EFFECTIVE DATE: July 2, 2003. ACTION: Notice of delegation of Secretary. FOR FURTHER INFORMATION CONTACT: authority. [FR Doc. 03–17768 Filed 7–14–03; 8:45 am] Shari Weaver, Managing Attorney, SUMMARY: BILLING CODE 4210–66–P Office of Litigation, Office of General The Secretary of HUD is Counsel, Room 10258, Department of delegating to the President, Government Housing and Urban Development, 451 National Mortgage Association (Ginnie Seventh Street, SW., Washington, DC Mae), all authority of the Secretary with DEPARTMENT OF THE INTERIOR 20410–0500; telephone (202) 708–0300. respect to management of Ginnie Mae (This is not a toll-free number.) For and Ginnie Mae’s programs, pursuant to Fish and Wildlife Service those needing assistance, this number Title III of the National Housing Act. may be accessed through TTY by calling EFFECTIVE DATE: June 30, 2003. Receipt of Applications for Permit FOR FURTHER INFORMATION CONTACT: the toll-free Federal Information Relay AGENCY: Fish and Wildlife Service, Service number at 1–800–877–8339. Cheryl Owens, Government National Interior. Mortgage Association, Room 6286, ACTION: Section A. Authority Delegated Department of Housing and Urban Notice of receipt of applications for permit. Each of the following HUD employees Development, 451 Seventh Street, SW., is designated as an Attesting Officer and Washington, DC 20410–9000; telephone SUMMARY: The public is invited to is authorized to cause the seal of the (202) 708–2648 (this is not a toll-free comment on the following application Department of Housing and Urban number). Speech- or hearing-impaired to conduct certain activities with Development to be affixed to such individuals may access this number endangered species and/or marine documents as may require its through TTY by calling the toll-free mammals. application and to certify that a copy of Federal Information Relay Service at 1– any book, paper, microfilm, or other 800–877–8339. DATES: Written data, comments or document is a true copy of that in the SUPPLEMENTARY INFORMATION: The requests must be received by August 14, files of the Department: Secretary is in the process of updating 2003. 1. Each Assistant Secretary; delegations issued to officials within the ADDRESSES: Documents and other 2. President, Government National Department, including the President of information submitted with these Mortgage Association; Ginnie Mae, which is a wholly-owned applications are available for review, 3. Inspector General; government corporation within the subject to the requirements of the 4. General Counsel; Department, pursuant to 42 U.S.C. Privacy Act and Freedom of Information 5. Chief Financial Officer; 3534(b). In this delegation of authority, Act, by any party who submits a written 6. The Director of each Headquarters the Secretary delegates to the President request for a copy of such documents Office; of Ginnie Mae all authority of the within 30 days of the date of publication 7. Each Deputy Assistant Secretary; Secretary with respect to management of of this notice to: U.S. Fish and Wildlife 8. Each Regional Director; Ginnie Mae and Ginnie Mae’s programs, Service, Division of Management 9. Each Field Office Director; pursuant to Title III of the National Authority, 4401 North Fairfax Drive, 10. Each Deputy General Counsel; Housing Act, 12 U.S.C. 1716 et seq. In Room 700, Arlington, Virginia 22203; 11. Each Associate General Counsel; this document the Secretary retains fax(703) 358–2281. 12. Each Assistant General Counsel; authority under this statute and also FOR FURTHER INFORMATION CONTACT: 13. Each Regional Counsel; delegates this authority to the President Division of Management Authority, 14. Each Chief Counsel; and of Ginnie Mae. telephone (703) 358–2104.

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SUPPLEMENTARY INFORMATION: The result of a release of hazardous restoration plan prior to allocating public is invited to comment on the substances. recoveries to implement restoration following application for a permit to ADDRESSES: Requests for copies of the actions, and to obtain public comment conduct certain activities with marine Final RP/EA may be made to: U.S. Fish on that plan. Under the National mammals. The application was and Wildlife Service, Virginia Field Environmental Policy Act (NEPA), submitted to satisfy requirements of the Office, 6669 Short Lane, Gloucester, Federal agencies must identify and Marine Mammal Protection Act of 1972, Virginia 23061. evaluate environmental impacts that as amended (16 U.S.C. 1361 et seq.), and FOR FURTHER INFORMATION CONTACT: John may result from Federal actions. A the regulations governing marine Schmerfeld, U.S. Fish and Wildlife Notice of Availability of the Draft RP/EA mammals (50 CFR part 18). Written Service, 6669 Short Lane, Gloucester, was published in the Federal Register data, comments, or requests for copies Virginia 23061. Interested parties may on February 15, 2003, and a 30-day of the complete application or requests also call 804–693–6694, extension 107, public comment period ended on March for a public hearing on this application for further information. 15, 2003. Public comments were should be submitted to the Director received and are addressed in the Final SUPPLEMENTARY INFORMATION: On (address above). Anyone requesting a RP/EA. The Final RP/EA integrates October 24, 1996, a failure in a coal hearing should give specific reasons slurry impoundment associated with a CERCLA and NEPA requirements by why a hearing would be appropriate. coal processing plant owned by LMPI in summarizing the affected environment, The holding of such a hearing is at the Lee County, Virginia, resulted in the describing the purpose and need for discretion of the Director. release of six million gallons of coal action, and selecting and describing the Applicant: Darren A. Collins, Galena, slurry to the Powell River watershed. preferred restoration alternative. KS, PRT–073836. The spill occurred when subsidence in Interested members of the public are The applicant requests a permit to the coal slurry impoundment caused the invited to review the Final RP/EA. import a polar bear (Ursus maritimus) coal slurry to enter a system of Copies of the Final RP/EA are available sport hunted from the Lancaster Sound abandoned underground coal mine- at the Service’s Virginia Field Office in polar bear population in Canada for works. The coal slurry exited through a Gloucester, Virginia and at the Service’s personal use. mine-works surface portal at Gin Creek, Southwestern Virginia Field Office The U.S. Fish and Wildlife Service causing the release of the coal slurry located at 330 Cummings Street, Suite has information collection approval into a series of tributaries to the Powell A, Abingdon, Virginia 24210. from OMB through March 31, 2004, River. ‘‘Blackwater,’’ a mix of water, Author: The primary author of this OMB Control Number 1018–0093. coal fines, and clay, and associated notice is John Schmerfeld, U.S. Fish and Federal Agencies may not conduct or contaminants, extended far Wildlife Service, Virginia Field Office, sponsor and a person is not required to downstream. The coal slurry spill 6669 Short Lane, Gloucester, Virginia respond to a collection of information impacted fish, endangered freshwater 23061. unless it displays a current valid OMB mussels, other benthic organisms, Authority: The authority for this action is control number. supporting aquatic habitat, and the CERCLA of 1980 as amended, commonly Dated: July 3, 2003. designated critical habitat for two known as Superfund (42 U.S.C. 9601 et seq.), Monica Farris, federally listed fish. Federally listed and the Natural Resource Damage Assessment Regulations found at 43 CFR, Senior Permit Biologist, Branch of Permits, bats and migratory birds may have also part 11. Division of Management Authority. been affected acutely due to a loss of a [FR Doc. 03–17849 Filed 7–14–03; 8:45 am] food supply, and chronically due to Dated: June 27, 2003. BILLING CODE 4310–55–P possible accumulation of contaminants Richard O. Bennett, through the food chain. Acting Regional Director, Region 5, Fish and A Consent Decree (CD) was entered Wildlife Service, U.S. Department of the DEPARTMENT OF THE INTERIOR with the U.S. District Court for the Interior, Designated Authorized Official. Western District of Virginia, Big Stone [FR Doc. 03–17813 Filed 7–14–03; 8:45 am] Fish and Wildlife Service Gap Division by the United States and BILLING CODE 4310–55–P LMPI on March 5, 2001, to address Notice of Availability of the Final natural resource damages resulting from Restoration Plan and Environmental the 1996 release. The CD required that DEPARTMENT OF THE INTERIOR Assessment for the Lone Mountain LMPI pay $2,450,000 to the DOI Natural Processing, Inc. Coal Slurry Spill Resource Damage Assessment and Bureau of Land Management Natural Resource Damage Assessment Restoration Fund. The CD stipulates in Lee County, VA [CO–200–1020–AC–241A] that these funds are to be ‘‘*** AGENCY: U.S. Fish and Wildlife Service, utilized for reimbursement of past Notice of Meeting, Front Range Department of the Interior. natural resource damage assessment Resource Advisory Council (Colorado) ACTION: Notice of availability. costs, and restoration, replacement or acquisition of endangered and AGENCY: Bureau of Land Management, SUMMARY: The U.S. Fish and Wildlife threatened fishes and mussels located in Interior. Service (Service), on behalf of the the Powell River and its watershed, or ACTION: Notice of public meeting. Department of the Interior (DOI), restoration, replacement or acquisition announces the release of the Final of their habitats or ecosystems which SUMMARY: In accordance with the Restoration Plan and Environmental support them, or for restoration Federal Land Policy and Management Assessment (RP/EA) for the Lone planning, implementation, oversight Act (FLPMA) and the Federal Advisory Mountain Processing, Inc. (LMPI) Coal and monitoring.’’ Committee Act of 1972 (FACA), the U.S. Slurry Spill Natural Resource Damage Section 111(i) of the Comprehensive Department of the Interior, Bureau of Assessment in Lee County, Virginia. Environmental Response, Compensation Land Management (BLM) Front Range The RP/EA describes the trustee’s plan and Liability Act (CERCLA) requires Resource Advisory Council (RAC), will to restore natural resources injured as a natural resource trustees to develop a meet as indicated below.

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DATES: The meeting will be held on SUMMARY: Pursuant to the National • August 11, 2003, at the American August 12 and 13, 2003. On August 12 Environmental Policy Act (NEPA) of Legion Hall, 105 E Mill Street, Cascade, the meeting will be held at the VFW 1969, as amended, the Bureau of Idaho. Hall, 933 Sells Avenue, Canon City, Reclamation (Reclamation) intends to • August 12, 2003, at the Idaho Colorado from 7 p.m. to 9 p.m. The prepare an environmental impact Department of Fish and Game, 600 S meeting will reconvene on August 13 at statement (EIS), and conduct associated Walnut, Boise Idaho. the Holy Cross Abbey Community public scoping meetings for proposed • August 13, 2003, at the U.S. Center, 2951 E. Highway 50, Canon City, operational changes at Lake Cascade, on Department of Agriculture Service Colorado from 9:15 a.m. to 4 p.m. the North Fork Payette River near Center, 1805 Highway 16, Emmett, SUPPLEMENTARY INFORMATION: The 15 Cascade, Idaho. The purpose of the Idaho. member Council advises the Secretary proposed operational changes is to FOR FURTHER INFORMATION CONTACT: of the Interior, through the Bureau of allow the Idaho Department of Fish and Anyone interested in more information Land Management, on a variety of Game (IDFG) to efficiently and concerning the EIS, or who has planning and management issues effectively remove most of the northern information that may be useful in associated with public land pikeminnow and largescale suckers identifying significant environmental management in the Front Range Center, from the lake. IDFG has determined that issues, may contact Mr. Steve Dunn at Colorado. Planned agenda topics the presence of large numbers of telephone 208–334–9844, or e-mail include: northern pikeminnow and largescale [email protected]. TTY users may call On August 12, 2003 the public is suckers in the lake are a major cause in 208–334–9844 by dialing 711 to obtain encouraged to provide comments on the the decline of the important yellow a toll free TTY relay. preliminary draft Sustaining Working perch and trout fishery and will prevent SUPPLEMENTARY INFORMATION: Cascade Landscapes Initiative. recovery of the fishery unless their Dam and Reservoir, located on the On August 13, 2003 the Council will numbers are significantly reduced. The North Fork Payette River in west central discuss the preliminary draft Sustaining current proposal is for Reclamation to Idaho, were constructed by Reclamation Working Landscapes Initiative with the lower the water elevation of Lake for use as a Federal irrigation facility. purpose of providing advice to the BLM Cascade to the lowest level possible to Cascade Reservoir, now designated Lake Colorado State Director. All meetings allow IDFG to remove the undesirable Cascade, has a storage capacity of are open to the public. The public is fish and restock the lake with perch and 693,123 acre feet and encompasses encouraged to make oral comments to trout. 26,500 surface acres. Lake Cascade, the Council between 7 p.m. and 9 p.m. Reclamation has scheduled public along with Reclamation’s Deadwood August 12 or written statements may be meetings to describe the proposed Reservoir, are part of Reclamation’s submitted for the Councils project and obtain public input on Payette Division of the Boise Project. consideration. Depending on the potential impacts of the proposed These reservoirs supply irrigation water number of persons wishing to comment operational changes at Lake Cascade. to Idaho Water District 65, which and time available, the time for These meetings will assist in encompasses the lower Payette River individual oral comments may be determining issues and concerns Basin. Hydropower is generated at limited. Summary minutes for the associated with the project that will be Cascade Dam by Idaho Power Company. Council Meeting will be maintained in analyzed in the EIS. At its peak from the late 1970’s the Front Range Center Office and will DATES: Public scoping meetings will be through the early 1990’s, Lake Cascade be available for public inspection and held on the following dates: was the most-fished water body in reproduction during regular business • August 11, 2003, in Cascade, Idaho. Idaho. The year-round yellow perch hours within thirty (30) days following • August 12, 2003, in Boise Idaho. fishery and stocked rainbow trout and the meeting. • August 13, 2003, in Emmett, Idaho. coho salmon not only provided FOR FURTHER INFORMATION CONTACT: Each meeting will begin with a formal thousands of recreation days for anglers Bureau of Land Management (BLM), presentation about the proposed project but also significant income for the local Attn: Ken Smith, 3170 East Main Street, from 7 p.m. to 7:30 p.m. followed by an economy. The perch fishery vanished Canon City, Colorado 81212. Phone informal open house from 7:30 p.m. to and the trout fishery declined (719) 269–8500. 8:30 p.m. Comments on the proposed significantly in the mid-1990’s, and Dated: July 8, 2003. project will be accepted through neither has recovered. John L. Carochi, September 12, 2003. IDFG began investigating the decline The meeting facilities are physically Acting Front Range Center Manager. of the yellow perch fishery in Lake accessible to people with disabilities. [FR Doc. 03–17814 Filed 7–14–03; 8:45 am] Cascade in 1998 and determined that Please direct requests for sign language large numbers of northern pikeminnow BILLING CODE 4310–JB–P interpretation for the hearing impaired, and largescale suckers in the lake are a or other auxiliary aids, to Steve Dunn by major cause in the decline of the DEPARTMENT OF THE INTERIOR August 1, 2003, by telephone, fax, or recreational fishery and will prevent TTY relay number listed under the FOR recovery of the fishery unless their Bureau of Reclamation FURTHER INFORMATION CONTACT section of numbers are significantly reduced. this notice. Northern pikeminnow are predators on Operational Changes in Support of ADDRESSES: Written comments or both yellow perch and trout, and Lake Cascade Fishery Restoration, requests for inclusion on the EIS largescale suckers are contributing to Boise Project, Payette Division, Idaho mailing list may be submitted to Bureau the decline of the fishery by competing AGENCY: Bureau of Reclamation, of Reclamation, Snake River Area for food resources. Interior. Office, Attention: Steve Dunn, Natural IDFG has analyzed different methods Resources Specialist, 214 Broadway to remove and/or reduce the numbers of ACTION: Notice of intent to prepare an Avenue, Boise ID 83702–7298. northern pikeminnow and has environmental impact statement and The meetings will be held at the concluded that the most economical conduct public scoping meetings. following locations: method with the highest probability for

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success would entail draining the and Enforcement (OSM) is announcing Title: Maintenance of State programs reservoir pool, passing most fish that the information collection requests and procedures for substituting Federal downstream, and utilizing a fish for 30 CFR part 733, Maintenance of enforcement of State programs and toxicant (rotenone) to kill any remaining State programs and procedures for withdrawing approval of State fish. The configuration of Cascade Dam substituting Federal enforcement of programs, 30 CFR 733. would allow the almost complete State programs and withdrawing OMB Control Number: 1029–0025. evacuation of water down to the former approval of State programs; 30 CFR part Summary: This part provides that any river channel. After the eradication of 785, Requirements for permits for interested person may request the the fish, the reservoir would begin to special categories of mining; and 30 CFR Director of OSM to evaluate a State refill with the next seasons spring part 876, Acid mine drainage treatment program by setting forth in the request runoff. and abatement program, have been a concise statement of facts that the Through preliminary public forwarded to the Office of Management person believe establishes the need for involvement conducted by IDFG, and Budget (OMB) for review and the evaluation. several areas of potential impact and comment. The information collection Bureau Form Number: None. public concern caused by the proposed requests describe the nature of the Frequency of Collection: Once. operational changes have been information collections and their Description of Respondents: Any identified. Irrigation supply may be expected burden and cost. interested person (individuals, affected, and alternative management of DATES: OMB has up to 60 days to businesses, institutions, organizations). flows and operations will need to be approve or disapprove the information Total Annual Response: 2. considered. The flows in the North and collections but may respond after 30 Total Annual Burden Hours: 200 South Forks of the Payette River provide days. Therefore, public comments hours. a commercial whitewater rafting should be submitted to OMB by August Title: Requirements for permits for industry, and change in water 14, 2003, in order to be assured of special categories of mining, 30 CFR management from Reclamation consideration. 785. reservoirs may have adverse effects. OMB Control Number; 1029–0040. Water-based recreation on the lake itself FOR FURTHER INFORMATION CONTACT: To Summary: The information is being may also be impacted. Water quality request a copy of any of the three collected to meet the requirements of both in Lake Cascade and downstream information collection requests, sections 507, 508, 510, 515, 516, 701 may be impaired. Lake Cascade also explanatory information and related and 711 of Pub. L. 95–87, which require supports several nesting pairs of bald forms, contact John A. Trelease at (202) applicants for special types of mining eagles, a federally listed threatened 208–2783. You may also contact Mr. activities to provide descriptions, maps, species, as well as abundant waterfowl Trelease at [email protected]. plans and data of the proposed activity. and other wildlife. SUPPLEMENTARY INFORMATION: OMB This information will be used by the In response to the issues developed regulations at 5 CFR 1320, which regulatory authority in determining if during scoping, other alternative means implement provisions of the Paperwork the applicant can meet the applicable of operating the reservoir system to meet Reduction Act of 1995 (Pub. L. 104–13), performance standards for the special IDFG’s needs will be explored and require that interested members of the type of mining activity. analyzed in the EIS if found to be public and affected agencies have an Bureau Form Number: None. feasible. In addition to changes at Lake opportunity to comment on information Frequency of Collection: Once. Cascade, these alternatives may involve collection and recordkeeping activities Description of Respondents: changes in operations upstream at [see 5 CFR 1320.8(d)]. OSM has Applicants for coalmine permits. Payette Lake, as well as at Deadwood submitted three requests to OMB to Total Annual Responses: 432. Reservoir. Federal, state and local renew its approval for the collections of Total Annual Burden Hours: 47,850 agencies, tribes, and the general public information found at 30 CFR parts 733, hours. are invited to participate in the EIS 785 and 876. OSM is requesting a 3-year Title: Acid mine drainage treatment process. term of approval for these information and abatement program, 30 CFR 876. Dated: June 11, 2003. collection activities. OMB Control Number: 1029–0104. J. William McDonald, An agency may not conduct or Summary: This part establishes the Regional Director, Pacific Northwest Region. sponsor, and a person is not required to requirements and procedures allowing [FR Doc. 03–17815 Filed 7–14–03; 8:45 am] respond to, a collection of information State and Indian Tribes to establish acid mine drainage abatement and treatment BILLING CODE 4310–MN–P unless it displays a currently valid OMB control number. The OMB control programs under the Abandoned Mine numbers for these collections of Land fund as directed through Public DEPARTMENT OF THE INTERIOR information are 1029–0025 for part 733, Law 101–508. 1029–0040 for part 785, and 1029–0104 Bureau Form Number: None. Office of Surface Mining Reclamation for part 876, and may be found in Frequency of Collections: Once. and Enforcement OSM’s regulations at 733.10, 785.10 and Description of Respondents: State 876.10. governments and Indian Tribes. Notice of Proposed Information As required under 5 CFR 1320.8(d), a Total Annual Responses: 1. Collection Federal Register notice soliciting Total Annual Burden Hours: 350 hours. AGENCY: Office of Surface Mining comments on the collections of Reclamation and Enforcement, Interior. information for parts 733, 785 and 876 Send comments on the need for the ACTION: Notice and request for was published on March 14, 2003 (68 collection of information for the comments. FR 12379). No comments were received. performance of the functions of the This notice provides the public with an agency; the accuracy of the agency’s SUMMARY: In compliance with the additional 30 days in which to comment burden estimates; ways to enhance the Paperwork Reduction Act of 1995, the on the following information collection quality, utility and clarity of the Office of Surface Mining Reclamation activities: information collection; and ways to

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minimize the information collection eligibility requirement of Section 222(3) significant enough to contribute burden on respondents, such as use of of the Trade Act of 1974 was not met. significantly to layoffs. Plant closure is automated means of collection of the The ‘‘contributed importantly’’ test is predominantly attributable to the information, to the following address. generally demonstrated through a decline in business from the subject Please refer to the appropriate OMB survey of customers of the workers’ facility’s largest customer and a control number in all correspondence. firm. The survey revealed that none of subsequent decision by the company to ADDRESSES: Submit comments to the the respondents increased their shift production from the subject facility Office of Information and Regulatory purchases of vibration dampeners. The to another domestic facility in Ohio. company did not import vibration Affairs, Office of Management and Conclusion Budget, Attention: Department of dampeners in the relevant period nor Interior Desk Officer, by telefax at (202) did it shift production to a foreign After review of the application and 395–5806 or via e-mail to source. investigative findings, I conclude that [email protected]. Also, The union asserts that the company there has been no error or please send a copy of your comments to shifted production to Canada, and in misinterpretation of the law or of the John A. Trelease, Office of Surface support of this, includes a letter dated facts which would justify Mining Reclamation and Enforcement, October 1, 2002 from a former company reconsideration of the Department of 1951 Constitution Ave, NW., Room 210– official who indicates that some plant Labor’s prior decision. Accordingly, the SIB, Washington, DC 20240, or production previously supplied by the application is denied. electronically to [email protected]. subject plant to an affiliated Canadian facility was outsourced to a Canadian Signed at Washington, DC this 27th day of June, 2003. Dated: May 21, 2003. vendor. Richard G. Bryson, A review of the initial investigation Elliott S. Kushner, Chief, Division of Regulatory Support. revealed that the same company official Certifying Officer, Division of Trade [FR Doc. 03–17855 Filed 7–14–03; 8:45 am] who provided the letter noted above Adjustment Assistance. [FR Doc. 03–17822 Filed 7–14–03; 8:45 am] BILLING CODE 4310–05–M also provided information to the Department in March of 2003. This BILLING CODE 4510–30–P information included a table that clearly DEPARTMENT OF LABOR delineated which customers were responsible for sales losses from the DEPARTMENT OF LABOR subject plant in the relevant period, and Employment and Training Employment and Training Administration provides exact figures of the volume of sales loss that each customer was Administration [TA–W–50,073] responsible for. The table further [TA–W–51,295] Collins & Aikman Automotive Systems, indicates that a Collin’s & Aikman Marshall, MI; Notice of Negative facility in Canada ceased purchasing vibration deadeners from the subject Evening Vision Dresses, Ltd, Also Determination Regarding Application Doing Business as Evening Vision for Reconsideration facility, and that this production was ‘‘resourced to another vendor’’. Limited, Evening Visions Apparel, Ltd, By application of May 30, 2003, the However, in context to total plant New York, NY; Amended Certification International Union, UAW, Region 1C production, the sales loss to this Regarding Eligibility To Apply for and Local Union 1294 requested customer was negligible. Further, in a Worker Adjustment Assistance communication with the Department administrative reconsideration of the In accordance with section 223 of the during the initial investigation, this Department’s negative determination Trade Act of 1974 (19 U.S.C. 2273) the same company official stated that it was regarding eligibility to apply for Trade Department of Labor issued a the decline in business from another Adjustment Assistance (TAA), Certification of Eligibility to Apply for customer who represented the applicable to workers and former Worker Adjustment Assistance on April workers of the subject firm. The denial overwhelming majority of subject plant business that precipitated the shift in 9, 2003, applicable to workers of notice was signed on April 16, 2003, Evening Vision Dresses, LTD located in and published in the Federal Register production to another domestic facility, and subsequent closure of the subject New York, New York. The notice was on May 1, 2003 (68 FR 23322). published in the Federal Register on Pursuant to 29 CFR 90.18(c) plant. April 24, 2003 (68 FR 20177). reconsideration may be granted under The union appears to allege that a the following circumstances: significant shift in production to Canada At the request of the State Agency, the (1) If it appears on the basis of facts is indicated in a local new article that Department reviewed the certification not previously considered that the mentions the closure of two Collins & for workers of the subject firm. The determination complained of was Aikman domestic plants (including the workers produce dresses. The review erroneous; subject facility) and later states that a shows that the subject firm also does (2) If it appears that the determination Collins & Aikman facility in Ontario, business under Evening Vision Limited complained of was based on a mistake Canada ‘‘took on more business as and Evening Vision Dresses at the same in the determination of facts not Collins & Aikman restructured with New York, New York location. previously considered; or work transferred from closed plants.’’ It is the Department’s intent to (3) If in the opinion of the Certifying The union infers that the subject plant include all workers of Evening Vision Officer, a misinterpretation of facts or of must be one of the plants that shifted Dresses, LTD, New York, New York, the law justified reconsideration of the production to Canada because it is one adversely affected by increased imports. decision. of two plants mentioned as being Therefore, the Department is amending The petition for the workers of Collins closed. the certification to include workers & Aikman Automotive Systems, As already indicated, a negligible whose Unemployment Insurance (UI) Marshall, Michigan was denied because amount of production was shifted from wages were reported to Evening Vision the ‘‘contributed importantly’’ group the subject facility to Canada, albeit not Limited and Evening Vision Dresses.

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The amended notice applicable to Yarns, Inc., J.D. Plant, Henderson, North Pursuant to 29 CFR 90.18(c) TA–W–51,295 is hereby issued as Carolina supplied component parts for reconsideration may be granted under follows: socks and gloves produced by several the following circumstances: All workers of Evening Vision Dresses, trade certified firms, and a loss of (1) If it appears on the basis of facts LTD, Evening Vision Limited, and Evening business with these manufacturers not previously considered that the Vision Dresses, New York, New York, who contributed importantly to the workers’ determination complained of was became totally or partially separated from separation. erroneous; employment on or after March 20, 2002, (2) if it appears that the determination through April 9, 2005, are eligible to apply Conclusion complained of was based on a mistake for adjustment assistance under section 223 After careful review of the facts in the determination of facts not of the Trade Act of 1974. obtained in the investigation, I previously considered; or Signed at Washington, DC, this 30th day of determine that workers of Harriet & (3) if in the opinion of the Certifying June 2003. Henderson Yarns, Inc., J.D. Plant, Officer, a misinterpretation of facts or of Elliott S. Kushner, Henderson, North Carolina (TA–W– the law justified reconsideration of the Certifying Officer, Division of Trade 50,597) and Harriet & Henderson Yarns, decision. Adjustment Assistance. Inc., Henderson Plant, Henderson, The TAA petition was filed on behalf of workers at IBM Corporation, Global [FR Doc. 03–17829 Filed 7–14–03; 8:45 am] North Carolina (TA–W–50,597A) qualify Services Division, Piscataway and BILLING CODE 4510–30–P as adversely affected secondary workers Middletown, New Jersey engaged in under section 222 of the Trade Act of analysis and maintenance of computer 1974, as amended. In accordance with software and information systems. The DEPARTMENT OF LABOR the provisions of the Act, I make the petition was denied because the following certification: Employment and Training petitioning workers did not produce an Administration All workers of Harriet & Henderson Yarns, article within the meaning of section Inc., J.D. Plant, Henderson, North Carolina 222 of the Act. [TA–W–50,597 and TA–W–50,597A] (TA–W–50,597) and Harriet & Henderson The petitioner asserts that the Yarns, Inc., Henderson Plant, Henderson, negative decision for the petitioning Harriet & Henderson Yarns, Inc., J.D. North Carolina (TA–W–50,597A) who Plant, and Harriet & Henderson Yarns, became totally or partially separated from worker group came as a result of an Inc., Henderson Plant, Henderson, NC; employment on or after January 16, 2002, overly narrow and antiquated Notice of Revised Determination on through two years from the date of interpretation of production as Reconsideration certification are eligible to apply for stipulated in the Trade Act. The adjustment assistance under section 223 of petitioner also asserts that software is By application of May 28, 2003 and the Trade Act of 1974. different from services in that one does May 29, 2003, a company official Signed at Washington, DC, this 26th day of not need a software ‘‘worker’’ to operate requested administrative June 2003. software. reconsideration regarding the Elliott S. Kushner, Software and information systems are Department’s Negative Determination Certifying Officer, Division of Trade not listed on the Harmonized Tariff Regarding Eligibility to Apply for Adjustment Assistance. Schedule of the United States (HTSUS), Worker Adjustment Assistance, [FR Doc. 03–17825 Filed 7–14–03; 8:45 am] published by the United States International Trade Commission applicable to the workers of the subject BILLING CODE 4510–30–P firm. (USITC), Office of Tariff Affairs and The initial investigation resulted in a Trade Agreements, which describes all negative determination issued on April DEPARTMENT OF LABOR ‘‘articles’’ imported to or exported from 30, 2003, based on the finding that the United States. This codification imports of open end spun yarn and ring Employment and Training represents an international standard spun yarn did not contribute Administration maintained by most industrialized importantly to worker separations at the countries as established by the subject facilities. The denial notice was [TA–W–50,129 and TA–W–50,129A] International Convention on the published in the Federal Register on Harmonized Commodity Description May 9, 2003 (68 FR 25060). IBM Corporation, Global Services and Coding (also known as the HS In their request, the company asked Division, Piscataway, NJ, and IBM Convention). that the subject firm workers be Corporation, Global Services Division, The Trade Adjustment Assistance reconsidered for certification on the Middletown, NJ; Notice of Negative (TAA) program was established to help basis of acting as upstream suppliers to Determination Regarding Application workers who produce articles and who firms under active certification for trade for Reconsideration lose their jobs as a result of increases in adjustment assistance. imports of articles like or directly After a review of the subject firm By application of April 29, 2003, a competitive with those produced at the customers on this basis, including petitioner requested administrative workers’ firm. several customers not supplied in the reconsideration of the Department’s Throughout the Trade Act an article is original investigation, it was revealed negative determination regarding often referenced as something that can that Harriet & Henderson Yarns, Inc., eligibility for workers and former be subject to a duty. To be subject to a Henderson Plant, Henderson, North workers of the subject firm to apply for duty on a tariff schedule, an article will Carolina supplied component parts for Trade Adjustment Assistance (TAA). have a value that makes it marketable, polyester cotton fabric produced by The denial notice applicable to workers fungible and interchangeable for Galey and Lord Industries (TA–W– of IBM Corporation, Global Services commercial purposes. But, although a 39,945), and a loss of business with this Division, Piscataway and Middletown, wide variety of tangible products are manufacturer contributed importantly to New Jersey was signed on March 26, described as articles and characterized the workers’ separation. It was further 2003, and published in the Federal as dutiable in the HTSUS, software and revealed that Harriet & Henderson Register on April 7, 2003 (68 FR 16834). associated information technology

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services are not listed in the HTSUS. DEPARTMENT OF LABOR DEPARTMENT OF LABOR Such products are not the type of employment work products that Employment and Training Employment and Training Customs officials inspect and that the Administration Administration TAA program was generally designed to [TA–W–50,350] [TA–W–51,587] address. A National Import Specialist was Leviton Manufacturing Company, Inc., Nestle USA, Confections and Snacks contacted at the U.S. Customs Service to Hillsgrove Division, Warwick, RI; Division, Fulton, NY; Amended address whether software could be Notice of Revised Determination on Certification Regarding Eligibility To described as an import commodity. The Reconsideration Apply for Worker Adjustment Assistance Import Specialist confirmed that By application of April 21, 2003, a electronically transferred material is not company official requested In accordance with section 223 of the a tangible commodity for U.S. Customs administrative reconsideration Trade Act of 1974 (19 U.S.C. 2273) the purposes. In cases where software is regarding the Department’s Negative Department of Labor issued a encoded on a medium (such as a CD Determination Regarding Eligibility To Certification of Eligibility To Apply for Rom or floppy diskette), the software is Apply for Worker Adjustment Worker Adjustment Assistance on May given no import value, but rather Assistance, applicable to the workers of 23, 2003, applicable to workers of Nestle evaluated exclusively on the value of the subject firm. USA, Confections and Snacks Division the carrier medium. This standard is The initial investigation resulted in a located in Fulton, New York. The notice based on Treasury Decision 85–124 as negative determination issued on March was published in the Federal Register issued on July 8, 1985 by the U.S. 21, 2003, based on the finding that on June 19, 2003 (68 FR 36846). Customs Service. In conclusion, this imports of electrical wiring devices did The Department reviewed the decision states that ‘‘in determining the not contribute importantly to worker certification for workers of the subject customs value of imported carrier media separations at the subject plant and that firm. The workers produce chocolate bearing data or instructions, only the there was no shift to a foreign country. crunch, white crunch, chunky and cost or value of the carrier medium itself The denial notice was published in the Wonka candy bars. shall be taken into account. The Federal Register on April 7, 2003 (68 FR The review shows that the customs value shall not, therefore, 16833). Department inadvertently set the include the cost or value of the data or To support the request for incorrect impact date. The Federal instructions, provided that this is reconsideration, the company official Register notice shows April 14, 2003 as distinguished from the cost or the value supplied additional information to the impact date for TA–W–51,587, and of the carrier medium.’’ supplement that which was gathered should be April 14, 2002. Therefore, the Finally, the North American Industry during the initial investigation. Upon Department is amending certification to Classification System (NAICS), further review, it was revealed that the reflect the correct impact date to read published by the U.S. Department of company shifted production of April 14, 2002. Commerce, designates all manner of electrical wiring devices to Mexico The amended notice applicable to custom software applications and during the relevant period and that this TA–W–51,587 is hereby issued as software systems, including analysis, shift contributed importantly to layoffs follows: development, programming, and at the Warwick plant. All workers of Nestle USA, Confections integration as ‘‘Services’’ (see NAICS Conclusion and Snack Division, Fulton, New York, who #541511 and #541512.) became totally or partially separated from After careful review of the facts Only in very limited instances are employment on or after April 14, 2002, obtained in the investigation, I through May 23, 2005, are eligible to apply service workers certified for TAA, determine that there was a shift in for adjustment assistance under section 223 namely the worker separations must be production from the workers’ firm or of the Trade Act of 1974. caused by a reduced demand for their subdivision to Mexico of articles that services from a parent or controlling Signed at Washington, DC, this 30th day of are like or directly competitive with June, 2003. firm or subdivision whose workers those produced by the subject firm or Linda G. Poole, produce an article and who are subdivision, and there has been or is currently under certification for TAA. Certifying Officer, Division of Trade likely to be an increase in imports of Adjustment Assistance. Conclusion like or directly competitive articles. In [FR Doc. 03–17826 Filed 7–14–03; 8:45 am] accordance with the provisions of the BILLING CODE 4510–30–P After review of the application and Act, I make the following certification: investigative findings, I conclude that ‘‘All workers of Leviton Manufacturing there has been no error or Company, Inc., Hillsgrove Division, DEPARTMENT OF LABOR misinterpretation of the law or of the Warwick, Rhode Island who became totally facts which would justify or partially separated from employment on or Employment and Training reconsideration of the Department of after December 16, 2001 through two years Administration Labor’s prior decision. Accordingly, the from the date of certification are eligible to [TA–W–51,388] application is denied. apply for adjustment assistance under section 223 of the Trade Act of 1974.’’ Solid State-Filtronic Incorporated, Signed at Washington, DC, this 26th day of Signed in Washington, DC this 26th day of June, 2003. June 2003. Compound Semiconductor, Santa Elliott S. Kushner, Elliott S. Kushner, Clara, CA; Notice of Revised Determination On Reconsideration Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. By letter of May 25, 2003, petitioners [FR Doc. 03–17823 Filed 7–14–03; 8:45 am] [FR Doc. 03–17824 Filed 7–14–03; 8:45 am] requested administrative BILLING CODE 4510–30–P BILLING CODE 4510–30–P reconsideration of the Department’s

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denial of Trade Adjustment Assistance DEPARTMENT OF LABOR a list of all work functions performed at (TAA), applicable to workers of Solid the subject facility. The Department State-Filtronics, Compound Employment and Training further requested that the company Semiconductors, Santa Clara, California. Administration official indicate whether work functions at the subject facility were shifted to The initial investigation resulted in a [TA–W–51,120] Mexico, or if the company imported negative determination issued on May 6, products like or directly competitive 2003, based on the finding that imports Sun Apparel of Texas, Armour Facility, El Paso, TX; Notice of Determinations with those produced at the subject of wafers used in the company’s Regarding Application for facility in the relevant period. vertically integrated manufacturing of Reconsideration The workers allege that petitioning field effect transistors and monolithic workers produced samples (also known microwave integrated circuits did not By application of May 22, 2003, three as approval garments), and imply that contribute importantly to worker workers requested administrative work was shifted to Mexico. They separations and there was no shift in reconsideration of the Department’s further state that samples were shipped production to a country that is party to negative determination regarding directly to customers in the U.S. a Free Trade Agreement, or a eligibility for workers and former A company official was contacted on Beneficiary Country under the Andean workers of the subject firm to apply for this point and reported that samples Trade Preference Act, the African Trade Adjustment Assistance (TAA). were and are produced at the subject Growth and Opportunity Act, or the The denial notice was signed on April facility. However, sample production Caribbean Basin Economic Recovery 7, 2003 and published in the Federal has never occurred at the Mexican Act. The notice was published in the Register on April 24, 2003 (68 FR affiliate, so no production of samples Federal Register on May 19, 2003 (68 20177). was shifted. Further, the company does Pursuant to 29 CFR 90.18(c) FR 27107). not import samples. (As samples are reconsideration may be granted under produced for internal use, there is no In their request for reconsideration, the following circumstances: issue in regard to customer imports.) the petitioners supplied information (1) If it appears on the basis of facts Workers allege that the ‘‘Print Shop’’ concerning global competition regarding not previously considered that the at the subject facility produced jokers wafers used in the company’s vertically determination complained of was (waist band labels) and stickers (leg integrated manufacturing of field effect erroneous; stickers used to designate size). transistors and monolithic microwave (2) if it appears that the determination The company official contacted integrated circuits. complained of was based on a mistake affirmed that print shops producing like in the determination of facts not or directly competitive stickers were An examination of United States trade previously considered; or located at both the Amour and Mexican data for like or directly competitive (3) if in the opinion of the Certifying facilities, and that the company elected products revealed that from 2001 to Officer, a misinterpretation of facts or of to close the Amour Print Shop and rely 2002, aggregate U.S. imports increased the law justified reconsideration of the exclusively on the Mexican production dramatically. decision. in this area. Conclusion The TAA petition, filed on behalf of The workers describe the typical workers at Sun Apparel, Armour functions involved in the Shipping and After careful consideration of the new Facility, El Paso, Texas engaged in the Receiving Department. They also list facts obtained on reconsideration, it is production of patterns, was denied several manufacturing labels that they concluded that the workers of Solid because the ‘‘contributed importantly’’ serviced in this department. State-Filtronics, Compound group eligibility requirement of Section As the title implies, the functions Semiconductors, Santa Clara, California, 222(3) of the Trade Act of 1974, as concerned with shipping and receiving were adversely affected by increased amended, was not met. The subject firm were not involved with production. imports of articles like or directly did not increase its reliance on imports Aside from the sample production, competitive with wafers produced at the of patterns during the relevant period, almost all of the production handled by subject firm. In accordance with the nor did it shift production to a foreign this department concerned Mexican production, although a very small provisions of the Act, I make the source. In the reconsideration process, it was amount concerned cutting production following certification: revealed that patterns and markers that was performed at another El Paso ‘‘All workers of Solid State-Filtronics, created at the subject firm were facility. Thus workers engaged in Compound Semiconductors, Santa Clara, electronically generated and shipping and receiving at the subject California, who became totally or partially transmitted, and thus do not constitute facility performed services mainly for a separated from employment on or after production within the meaning of foreign production facility. March 27, 2002, through two years from the Section 222 of the Trade Act of 1974. Only in very limited instances are date of certification, are eligible to apply for The workers allege that other service workers certified for TAA, adjustment assistance under section 223 of production was performed at the subject namely the worker separations must be the Trade Act of 1974.’’ facility and imply that some or all of caused by a reduced demand for their Signed at Washington, DC this 1st day of this production work was transferred to services from a parent or controlling July 2003. a company-owned facility in Mexico in firm or subdivision whose workers Elliott S. Kushner, the relevant period. produce an article and who are Aside from the original request for currently under certification for TAA. Certifying Officer, Division of Trade reconsideration, further information was The workers then address the nature Adjustment Assistance. provided by worker representatives. In of the production performed at the [FR Doc. 03–17830 Filed 7–14–03; 8:45 am] order to get a comprehensive sense of subject facility, which includes the BILLING CODE 4510–30–P work performed at the subject facility, Pattern Making Department, the Cutting the Department requested that both the Department, and the Sewing workers and a company official supply Department. In this section, the workers

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also address laundering, inspection, machine operations, supervision, DEPARTMENT OF LABOR packing and shipping. labeling, shipping and receiving, and The company official maintained that, repair and maintenance of equipment at Employment and Training aside from miscellaneous sewing repair, the Amour facility. One worker Administration sample production, and print shop statement appears to claim that work production, no production occurred at was shifted to Mexico, Canada and [TA–W–51,130] the subject facility. The departments Japan. and functions described by workers in Tyler Refrigeration, Carrier In regard to specific statements made the line of production were performed Commercial Refrigeration, Carrier by employees that they were engaged in mainly for sample production, with the Corporation, Waxahachie, TX; production and that production shifted, exception of miscellaneous repairs. Amended Certification Regarding Workers also describe a Trim the company confirmed that the only Eligibility To Apply for Worker Department involving functions production at the subject facility was for Adjustment Assistance performed ‘‘specifically for audit’’ samples and print shop labels, and that purposes, which involved checking to there was no shift in production of In accordance with section 223 of the see that ‘‘orders for * * * accessories samples or imports of samples. were distributed correctly here and in El Trade Act of 1974 (19 U.S.C. 2273) the Workers are separately identifiable Paso.’’ Department of Labor issued a As described by the workers, the Trim between workers in the Print Shop and Certification of Eligibility to Apply for Department does not involve all other workers at the subject facility. Worker Adjustment Assistance on May production, but performance of a It has been determined with respect to 15, 2003, applicable to workers of Tyler service. workers at Sun Apparel, Armour Refrigeration, Waxahachie, Texas. The Finally, the workers allege that they Facility, Print Shop, El Paso, Texas that notice was published in the Federal trained workers in similar functions as all of the criteria have been met. Register on June 3, 2003 (68 FR 33195). those performed at the subject facility, It has been determined with respect to At the request of the State agency, the although no specific functions were all other workers at Sun Apparel, Department reviewed the certification noted. for workers of the subject firm. The The company official did not deny Armour Facility, El Paso, Texas that that there was some similarity in work criteria I.C and II.B have not been met. workers are engaged in the production of refrigerated food display cases. functions such as production in the Conclusion Print Shop. However, she did affirm that Information shows that Carrier no production occurred at the subject After careful review of the facts Corporation is the parent firm of Tyler facility aside from sample production obtained in the investigation, I conclude Refrigeration. Information also shows and print shop production. that there was a shift in production from that workers separated from In the original request for Sun Apparel, Armour Facility, Print employment at the subject firm had reconsideration, the workers state that Shop, El Paso, Texas to Mexico of their wages reported under separate the subject firm was previously certified articles that are like or directly unemployment insurance (UI) tax for trade adjustment assistance, and that competitive with those produced by the accounts for Carrier Commercial the basis for previous certification subject firm or subdivision. In Refrigeration, Carrier Corporation. should be used to establish eligibility of accordance with the provisions of the Accordingly, the Department is the current petitioning worker group. Act, I make the following certification: The workers also appear to allege that amending the certification to properly they performed regular production of All workers of Sun Apparel, Armour reflect this matter. apparel for a specific customer, and not Facility, Print Shop, El Paso, Texas, who The intent of the Department’s just sample production. became totally or partially separated from certification is to include all workers of Workers producing jeans and employment on or after January 8, 2002 Tyler Refrigeration who were adversely laundering jeans at the subject facility through two years from the date of affected by increased imports. were previously certified for trade certification, are eligible to apply for adjustment assistance (TA–W–37,187 adjustment assistance under Section 223 of The amended notice applicable to and TA–W–37,412, respectively). The the Trade Act of 1974. and; TA–W–51,130 is hereby issued as last active certification, TA–W–37,412, I further determine that all other workers follows: expired on July 7, 2002. By the date of at Sun Apparel, Amour Facility, El Paso, All workers of Tyler Refrigeration, Carrier the above certification (July 7, 2000), a Texas, are denied eligibility to apply for Commercial Refrigeration, Carrier company official confirmed that all adjustment assistance under Section 223 of Corporation, Waxahachie, Texas, who mass production of apparel had been the Trade Act of 1974. became totally or partially separated from shifted from the subject facility to Signed at Washington, DC, this 1st day of employment on or after March 7, 2002, Mexico. As this shift occurred outside July, 2003. through May 15, 2005, are eligible to apply the relevant period, it cannot be used to Elliott S. Kushner, for adjustment assistance under section 223 of the Trade Act of 1974. certify the current worker group. In the Certifying Officer, Division of Trade current investigation, it was Adjustment Assistance. Dated: Signed at Washington, DC, this 3rd reconfirmed by a company official that [FR Doc. 03–17827 Filed 7–14–03; 8:45 am] day of July, 2003. the subject facility produces apparel for Richard Church, sample purposes only and that all other BILLING CODE 4510–30–P apparel production was shifted from the Certifying Officer, Division of Trade subject facility in 2000. Adjustment Assistance. Finally, to support their claim of a [FR Doc. 03–17828 Filed 7–14–03; 8:45 am] production shift, worker representatives BILLING CODE 4510–30–P attached a series of statements from subject firm workers who performed

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DEPARTMENT OF LABOR The data from the CE Surveys are • Enhance the quality, utility, and used (1) for CPI revisions, (2) to provide clarity of the information to be Bureau of Labor Statistics a continuous flow of data on income collected; and and expenditure patterns for use in • Minimize the burden of the Proposed Collection; Comment economic analysis and policy collection of information on those who Request formulation, and (3) to provide a are to respond, including through the flexible consumer survey vehicle that is use of appropriate automated, ACTION: Notice. available for use by other Federal electronic, mechanical, or other technological collection techniques or SUMMARY: The Department of Labor, as Government agencies. Public and other forms of information technology, part of its continuing effort to reduce private users of price statistics, e.g., permitting electronic submissions paperwork and respondent burden, including Congress and the economic of responses. conducts a pre-clearance consultation policymaking agencies of the Executive program to provide the general public branch, rely on data collected in the CPI III. Current Action in their day-to-day activities. Hence, and Federal agencies with an The BLS and the Census Bureau have opportunity to comment on proposed data users and policymakers widely accept the need to improve the process converted the paper and pencil CE Diary and/or continuing collections of Household Characteristics information in accordance with the used for revising the CPI. If the CE Surveys were not conducted on a Questionnaire to a computer assisted Paperwork Reduction Act of 1995 personal interview (CAPI) instrument. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This continuing basis, current information necessary for more timely, as well as The CE Diary Household Characteristics program helps to ensure that requested CAPI instrument will be implemented data can be provided in the desired more accurate, updating of the CPI would not be available. In addition, data in January 2004. format, reporting burden (time and Several changes were made in the would not be available to respond to the financial resources) is minimized, CAPI version of the CE Diary Household continuing demand from the public and collection instruments are clearly Characteristics Questionnaire. The private sectors for current information understood, and the impact of collection implementation of CAPI allowed for on consumer spending. requirements on respondents can be several enhancements of the survey. properly assessed. Currently, the Bureau In the Quarterly Interview Survey, The race and ethnicity questions have of Labor Statistics (BLS) is soliciting each consumer unit (CU) in the sample been fully implemented in the Diary comments concerning the proposed is interviewed every three months over CAPI in accordance with the Office of revision of ‘‘The Consumer Expenditure five calendar quarters. The sample for Management and Budget’s (OMB) 1997 Surveys: The Quarterly Interview and each quarter is divided into three published ‘‘Standards for Maintaining, the Diary.’’ A copy of the proposed panels, with CUs being interviewed Collecting, and Presenting Federal Data information collection request (ICR) can every three months in the same panel of on Race and Ethnicity.’’ The placement be obtained by contacting the individual every quarter. The Quarterly Interview and exact wording of these questions listed below in the ADDRESSES section of Survey is designed to collect data on the were based on consultations with the this notice. types of expenditures that respondents interagency group formed to study the can be expected to recall for a period of DATES: Written comments must be implementation of these standards, in three months or longer. In general the submitted to the office listed in the an effort to maintain comparability with expenses reported in the Interview ADDRESSES section below on or before other household surveys collecting this Survey are either relatively large, such September 15, 2003. information. The race and ethnicity as property, automobiles, or major questions were fully implemented in the ADDRESSES: Send comments to Amy A. appliances, or are expenses which occur Hobby, BLS Clearance Officer, Division CE Quarterly Interview CAPI Survey in on a fairly regular basis, such as rent, April 2003. of Management Systems, Bureau of utility bills, or insurance premiums. Labor Statistics, Room 4080, 2 For Diary 2004, as part of the The Diary (or recordkeeping) Survey implementation of CAPI, other changes Massachusetts Avenue, NE., is completed at home by the respondent Washington, DC 20212, telephone will be made. The Diary CAPI family for two consecutive one-week instrument will have five sections. The number 202–691–7628. (This is not a periods. The primary objective of the toll free number.) first four sections are similar to the Diary Survey is to obtain expenditure current CE–802 with some changes. The FOR FURTHER INFORMATION CONTACT: data on small, frequently purchased fifth section is a questionnaire Amy A. Hobby, BLS Clearance Officer, items which normally are difficult to assessment that includes questions for telephone number 202–691–7628. (See recall over longer periods of time. the respondent about the task of filling ADDRESSES section.) II. Desired Focus of Comments out the diaries and for the field SUPPLEMENTARY INFORMATION: representative about the case in general. The Bureau of Labor Statistics is The changes for the Diary Household I. Background particularly interested in comments Characteristics Questionnaire include The Consumer Expenditure (CE) that: the deletion of some questions in Surveys collect data on consumer • Evaluate whether the proposed Section 2, the reduction of the number expenditures, demographic information, collection of information is necessary of recall questions from 11 to 4 in and related data needed by the for the proper performance of the Section 3, and the implementation of Consumer Price Index (CPI) and other functions of the agency, including brackets or income categories in Section public and private data users. The whether the information will have 4. The BLS implemented the brackets in continuing surveys provide a constant practical utility; the income sections of the Quarterly measurement of changes in consumer • Evaluate the accuracy of the Interview Survey in 2001. expenditure patterns for economic agency’s estimate of the burden of the Minor changes will also be made to analysis and to obtain data for future proposed collection of information, the CE Quarterly Interview CAPI CPI revisions. The CE Surveys have including the validity of the Instrument. ‘‘Hobbies’’ will be changed been ongoing since 1979. methodology and assumptions used; to ‘‘Arts and Crafts’’ to more clearly

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indicate what types of expenditures the quantity consumed and the unit of Type of Review: Revision of a should be reported. The types of measure questions will be deleted. And currently approved collection. expenditures collected in Section 20B, finally, money put into educational Agency: Bureau of Labor Statistics. Haircutting will be expanded also for savings accounts will be collected Title: The Consumer Expenditure clarification. Added to this question separately in its own question in Surveys: The Quarterly Interview and will be wording regarding manicures Section 22G. the Diary. and other salon services. For utilities, OMB Number: 1220–0050.

Estimated total Form Total Frequency Total Average time burden respondents responses per response hours

CE Quarterly Interview CAPI Instrument ...... 9,629 4 38,516 90 57,774 Quarterly Interview Reinterview ...... 2,118 1 2,118 15 530 CE Diary: CE–802 Household Questionnaire ...... 7,745 3 23,235 25 9,681 CE Diary: CE–801, Record of Your Daily Expenses ...... 7,745 2 15,490 105 27,108 CE Diary Reinterview CE–880 CE–880(N) ...... 1,293 1 1,293 12 259

Totals ...... 17,374 ...... 80,652 ...... 95,352 Please note: Reinterview respondents are a subset of the original number of respondents for each survey. Therefore, they are not counted again in the totals. Also, for the Diary, the ‘‘Record of Your Daily Expenses’’ respondents are the same as the ‘‘Household Questionnaire’’ respondents.

Affected Public: Individuals or between 10 a.m. and 4 p.m. Eastern Total Annual Cost (Operating/ households. time, Monday through Friday. Maintaining systems or Purchasing Total Burden Cost (capital/startup): Comments should be sent to the Services): 0. $0. Office of Information and Regulatory The National Endowment for the Arts Total Burden Cost (operating/ Affairs, Attn: OMB Desk Officer for the enriches our nation and its diverse maintenance): $0. National Endowment for the Arts, Office cultural heritage by supporting works of Comments submitted in response to of Management and Budget, Room artistic excellence, advancing learning this notice will be summarized and/or 10235, Washington, DC 20503 202/395– in the arts, and strengthening the arts in included in the request for Office of 7316, within 30 days from the date of communities throughout the country. Management and Budget approval of the this publication in the Federal Register. With the advice of the National information collection request; they also The Office of Management and Budget Council on the Arts and advisory will become a matter of public record. is particularly interested in comments panels, the Chairman establishes Signed at Washington, DC, this 3rd day of which: eligibility requirements and criteria for July, 2003. Evaluate whether the proposed the review of applications for funding. Cathy Kazanowski, collection of information is necessary Section 959(c) of the Endowment’s for the proper performance of the enabling legislation, as amended, directs Chief, Division of Management Systems, Bureau of Labor Statistics. functions of the agency, including the Chairman to utilize advisory panels whether the information will have to review applications and to make [FR Doc. 03–17821 Filed 7–14–03; 8:45 am] practical utility; recommendations to the National BILLING CODE 4510–24–P Evaluate the accuracy of the agency’s Council on Arts, which in turn makes estimate of the burden of the proposed recommendations to the Chairman. collection of information including the The legislation requires the Chairman NATIONAL FOUNDATION FOR THE validity of the methodology/and ‘‘(1) to ensure that all panels are ARTS AND THE HUMANITIES assumptions used. composed, to the extent practicable, of Enhance the quality, utility, and individuals reflecting a wide National Endowment for the Arts; clarity of the information to be geographic, ethnic, and minority Submission for OMB Review; collected; and minimize the burden of representation as well as to (2) ensure Comment Request the collection of information on those that all panels include representation by who are to respond, including through lay individuals who are knowledgeable July 9, 2003. the use of appropriate automated, about the arts * * *’’ In addition, the The National Endowment for the Arts electronic, mechanical, or other membership of each panel must change (NEA) has submitted the following technological collection techniques, or substantially from year to year and each public information collection request other forms of information technology, individual is ineligible to serve on a (ICR) to the Office of Management and e.g., permitting electronic submissions panel for more than 3 consecutive years. Budget (OMB) for review and approval of responses. To assist with efforts to meet these in accordance with the Paperwork SUPPLEMENTARY INFORMATION: legislated mandates regarding Reduction Act of 1995 (Pub. L. 104–13, Agency: National Endowment for the representation on advisory panels, the 44 U.S.C. chapter 35). Copies of this Arts. endowment has established an ICR, with applicable supporting Title: Panelist Profile Form. Automated Panel Bank System (APBS), documentation, may be obtained by Frequency: Every three years. a computer database of names, calling the National Endowment for the Affected Public: Individuals. addresses, areas of expertise and other Arts’ Deputy for Guidelines & Panel Estimated Number of Respondents: basic information on individuals who Operations, A.B. Spellman 202/682– 250. are qualified to serve as panelists for the 5421. Individuals who use a Total Burden Hours: 25. Arts Endowment. telecommunications device for the deaf Total Annualized Capital/Start Up The Panelist Profile Form, for which (TTY/TDD) may call 202/682–5496 Costs: 0. clearance is requested, is used to gather

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basic information from qualified Issued at Rockville, Maryland, this 9th day schedule electronically, please send an individuals recommended by the arts of July 2003. electronic message to [email protected]. community; arts organizations; G. Paul Bollwerk, III, Dated: July 10, 2003. Members of Congress; the general Chief Administrative Judge, Atomic Safety Sandy Joosten, and Licensing Board Panel. public; local, state, and regional arts Executive Assistant, Office of the Secretary. [FR Doc. 03–17847 Filed 7–14–03; 8:45 am] organizations; Endowment staff; and [FR Doc. 03–17939 Filed 7–11–03; 11:10 am] others. BILLING CODE 7590–01–P BILLING CODE 7590–01–M Murray Welsh, Director, Administrative Services, National NUCLEAR REGULATORY Endowment for the Arts. COMMISSION PENSION BENEFIT GUARANTY [FR Doc. 03–17784 Filed 7–14–03; 8:45 am] Sunshine Act Meeting CORPORATION BILLING CODE 7536–01–M DATES: Weeks of July 14, 21, 28, August Required Interest Rate Assumption for 4, 11, 18, 2003. Determining Variable-Rate Premium; PLACE: Interest on Late Premium Payments; NUCLEAR REGULATORY Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Interest on Underpayments and COMMISSION Maryland. Overpayments of Single-Employer Plan Termination Liability and STATUS: Public and Closed. [Docket No. 40–7580–MLA–2; ASLBP No. Multiemployer Withdrawal Liability; 03–813–04–MLA] MATTERS TO BE CONSIDERED: Interest Assumptions for Week of July 14, 2003 Multiemployer Plan Valuations Fansteel, Inc.; Designation of Following Mass Withdrawal Presiding Officer Thursday, July 17, 2003 12:30 p.m.—Discussion of Management AGENCY: Pension Benefit Guaranty Pursuant to delegation by the Issues (Closed-Ex.2) Corporation. Commission, see 37 Fed. Reg. 28,710 ACTION: Notice of interest rates and (Dec. 29, 1972), and the Commission’s Week of July 21, 2003—Tentative assumptions. regulations, see 10 CFR 2.1201, 2.1207, There are no meetings scheduled for notice is hereby given that (1) a single the Week of July 21, 2003. SUMMARY: This notice informs the public of the interest rates and assumptions to member of the Atomic Safety and Week of July 28, 2003—Tentative Licensing Board Panel is designated as be used under certain Pension Benefit Presiding Officer to rule on petitions for There are no meetings scheduled for Guaranty Corporation regulations. These leave to intervene and/or requests for the Week of July 28, 2003. rates and assumptions are published elsewhere (or can be derived from rates hearing; and (2) upon making the Week of August 4, 2003—Tentative requisite findings in accordance with 10 published elsewhere), but are collected There are no meetings scheduled for and published in this notice for the CFR 2.1205(h), the Presiding Officer the Week of August 4, 2003. convenience of the public. Interest rates will conduct an adjudicatory hearing in are also published on the PBGC’s Web the following proceeding: Fansteel, Inc., Week of August 11, 2003—Tentative site (http://www.pbgc.gov). Muskogee, Oklahoma (Materials License There are no meetings scheduled for DATES: The required interest rate for Amendment). the Week of August 11, 2003. determining the variable-rate premium The hearing will be conducted Week of August 18, 2003—Tentative under part 4006 applies to premium pursuant to 10 CFR part 2, subpart L, of payment years beginning in July 2003. the Commission’s Regulations, There are no meetings scheduled for the Week of August 18, 2003. The interest assumptions for performing ‘‘Informal Hearing Procedures for multiemployer plan valuations Adjudications in Materials and Operator * The schedule for Commission meetings is following mass withdrawal under part Licensing Proceedings.’’ This subject to change on short notice. To verify 4281 apply to valuation dates occurring the status of meetings call (recording)—(301) proceeding concerns a request for in August 2003. The interest rates for hearing submitted on June 16, 2003, by 415–1292. Contact person for more information: David Louis Gamberoni (301) late premium payments under part 4007 the Attorney General of the State of 415–1651. and for underpayments and Oklahoma in response to the asserted * * * * * overpayments of single-employer plan request of Fansteel, Inc., to amend its 10 The NRC Commission Meeting termination liability under part 4062 CFR part 40 source material license to Schedule can be found on the Internet and multiemployer withdrawal liability allow decommissioning of its facility at: http://www.nrc.gov/what-we-do/ under part 4219 apply to interest located in Muskogee, Oklahoma. policy-making/schedule.html. accruing during the third quarter (July through September) of 2003. The Presiding Officer in this * * * * * proceeding is Administrative Judge G. This notice is distributed by mail to FOR FURTHER INFORMATION CONTACT: Paul Bollwerk, III. All correspondence, several hundred subscribers; if you no Harold J. Ashner, Assistant General documents, and other materials shall be longer wish to receive it, or would like Counsel, Office of the General Counsel, filed with Judge Bollwerk in accordance to be added to the distribution, please Pension Benefit Guaranty Corporation, with 10 CFR 2.1203. His address is: G. contact the Office of the Secretary, 1200 K Street, NW., Washington, DC Paul Bollwerk, III, Administrative Judge, Washington, DC 20555 (301–415–1969). 20005, 202–326–4024. (TTY/TDD users Presiding Officer, Atomic Safety and In addition, distribution of this meeting may call the Federal relay service toll- Licensing Board Panel, U.S. Nuclear notice over the Internet system is free at 1–800–877–8339 and ask to be Regulatory Commission, Washington, available. If you are interested in connected to 202–326–4024.) DC 20555–0001. receiving this Commission meeting SUPPLEMENTARY INFORMATION:

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Variable-Rate Premiums established periodically (currently Multiemployer Plan Valuations Section 4006(a)(3)(E)(iii)(II) of the quarterly) by the Internal Revenue Following Mass Withdrawal Employee Retirement Income Security Service. The rate applicable to the third The PBGC’s regulation on Duties of Act of 1974 (ERISA) and 4006.4(b)(1) of quarter (July through September) of Plan Sponsor Following Mass the PBGC’s regulation on Premium 2003, as announced by the IRS, is 5 Withdrawal (29 CFR part 4281) Rates (29 CFR part 4006) prescribe use percent. prescribes the use of interest of an assumed interest rate (the The following table lists the late assumptions under the PBGC’s ‘‘required interest rate’’) in determining payment interest rates for premiums and regulation on Allocation of Assets in a single-employer plan’s variable-rate employer liability for the specified time Single-Employer Plans (29 CFR part premium. The required interest rate is periods: 4044). The interest assumptions the ‘‘applicable percentage’’ (currently applicable to valuation dates in August 100 percent) of the annual yield on 30- From— Through— Interest rate 2003 under part 4044 are contained in year Treasury securities for the month (percent) an amendment to part 4044 published preceding the beginning of the plan year 7/1/96 ...... 3/31/98 9 elsewhere in today’s Federal Register. for which premiums are being paid (the 4/1/98 ...... 12/31/98 8 Tables showing the assumptions ‘‘premium payment year’’). (Although 1/1/99 ...... 3/31/99 7 applicable to prior periods are codified the Treasury Department has ceased 4/1/99 ...... 3/31/00 8 in appendix B to 29 CFR part 4044. issuing 30-year securities, the Internal 4/1/00 ...... 3/31/01 9 Issued in Washington, DC, on this 9th day Revenue Service announces a surrogate 4/1/01 ...... 6/30/01 8 of July, 2003. 7/1/01 ...... 12/31/01 7 yield figure each month—based on the Joseph H. Grant, 30-year Treasury bond maturing in 1/1/02 ...... 12/31/02 6 1/1/03 ...... 9/30/03 5 Deputy Executive Director and Chief February 2031—which the PBGC uses to Operating Officer, Pension Benefit Guaranty determine the required interest rate.) Corporation. Underpayments and Overpayments of The required interest rate to be used [FR Doc. 03–17844 Filed 7–14–03; 8:45 am] in determining variable-rate premiums Multiemployer Withdrawal Liability BILLING CODE 7708–01–P for premium payment years beginning in July 2003 is 4.37 percent. Section 4219.32(b) of the PBGC’s The following table lists the required regulation on Notice, Collection, and interest rates to be used in determining Redetermination of Withdrawal SECURITIES AND EXCHANGE variable-rate premiums for premium Liability (29 CFR part 4219) specifies COMMISSION payment years beginning between the rate at which a multiemployer plan [Release No. 34–48140; File No. SR–MSRB– August 2002 and July 2003. is to charge or credit interest on 2003–06] underpayments and overpayments of The withdrawal liability under section 4219 Self-Regulatory Organizations; Notice For premium payment years be- required of ERISA unless an applicable plan of Filing of Proposed Rule Change by ginning in— interest provision provides otherwise. For the Municipal Securities Rulemaking rate is— interest accruing during any calendar Board To Amend Rule A–14, on Annual August 2002 ...... 5.39 quarter, the specified rate is the average Fees September 2002 ...... 5.08 quoted prime rate on short-term October 2002 ...... 4.76 commercial loans for the fifteenth day July 8, 2003. November 2002 ...... 4.93 (or the next business day if the fifteenth Pursuant to section 19(b)(1) of the December 2002 ...... 4.96 day is not a business day) of the month Securities Exchange Act of 1934 (‘‘the January 2003 ...... 4.92 preceding the beginning of the quarter, Act’’) 1 and Rule 19b–4 thereunder,2 February 2003 ...... 4.94 notice is hereby given that on July 3, March 2003 ...... 4.81 as reported by the Board of Governors of the Federal Reserve System in 2003 the Municipal Securities April 2003 ...... 4.80 Rulemaking Board (‘‘Board’’ or May 2003 ...... 4.90 Statistical Release H.15 (‘‘Selected June 2003 ...... 4.53 Interest Rates’’). The rate for the third ‘‘MSRB’’) filed with the Securities and July 2003 ...... 4.37 quarter (July through September) of Exchange Commission (‘‘SEC’’ or 2003 (i.e., the rate reported for June 16, ‘‘Commission’’) the proposed rule Late Premium Payments; 2003) is 4.25 percent. change as described in Items I, II, and Underpayments and Overpayments of III below, which Items have been The following table lists the prepared by the Board. The Commission Single-Employer Plan Termination withdrawal liability underpayment and Liability is publishing this notice to solicit overpayment interest rates for the comments on the proposed rule change Section 4007(b) of ERISA and specified time periods: from interested persons. 4007.7(a) of the PBGC’s regulation on Payment of Premiums (29 CFR part From— Through— Interest rate I. Self-Regulatory Organization’s 4007) require the payment of interest on (percent) Statement of the Terms of Substance of the Proposed Rule Change late premium payments at the rate 7/1/97 ...... 12/31/98 8.50 established under section 6601 of the 1/1/99 ...... 9/30/99 7.75 The MSRB is proposing to amend Internal Revenue Code. Similarly, 10/1/99 ...... 12/31/99 8.25 Rule A–14, which provides for an 4062.7 of the PBGC’s regulation on 1/1/00 ...... 3/31/00 8.50 annual fee paid by dealers to the MSRB. Liability for Termination of Single- 4/1/00 ...... 6/30/00 8.75 The MSRB requests the MSRB requests Employer Plans (29 CFR part 4062) 7/1/00 ...... 3/31/01 9.50 that the proposed rule change become requires that interest be charged or 4/1/01 ...... 6/30/01 8.50 effective prior to the beginning of the 7/1/01 ...... 9/30/01 7.00 credited at the section 6601 rate on Board’s fiscal year of 2004 (October 1, underpayments and overpayments of 10/1/01 ...... 12/31/01 6.50 1/1/02 ...... 12/31/02 4.75 employer liability under section 4062 of 1/1/03 ...... 9/30/03 4.25 1 15 U.S.C. 78s(b)(1). ERISA. The section 6601 rate is 2 17 CFR 240.19b–4.

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2003). Below is the text of the proposed $1000 par value of notes, and a market that are necessary to defray rule change. Proposed new language is transaction fee of $.005 per $1000 par Board expenses. italicized, deletions are in brackets. value. Rule A–14 provides for an annual B. Self-Regulatory Organization’s fee of $200 from each dealer who * * * * * Statement on Burden on Competition conducts municipal securities activities. Rule A–14: Annual Fee The annual fee imposed by Rule A–14 The Board does not believe that the In addition to any other fees was last increased from $100 to $200 in proposed rule change will impose any prescribed by the rules of the Board, 1996. burden on competition not necessary or each broker, dealer and municipal The MSRB has reviewed its revenue appropriate in furtherance of the securities dealer shall pay an annual fee structure on a number of occasions in purposes of the Act, since it would to the Board of [$200] $300, with respect the past to ensure that the fee structure apply equally to all brokers, dealers and to each fiscal year of the Board in which reflects a firm’s activity within the municipal securities dealers. the broker, dealer or municipal industry. The MSRB believes that its C. Self-Regulatory Organization’s securities dealer conducts municipal fees are not levied for a single purpose Statement on Comments Received on securities activities. Such fee must be but for general purposes, since MSRB the Proposed Rule Change by Members, received at the office of the Board no regulatory activities affect all Participants, or Others later than October 31 of the fiscal year participants in the dealer community. for which the fee is paid, accompanied Over the last six years, the proportion of Written comments were neither by the invoice sent to the broker, dealer MSRB revenues derived from the solicited not received. or municipal securities dealer by the underwriting assessment and the III. Date of Effectiveness of the Board, or a written statement setting transaction fee has grown dramatically Proposed Rule Change and Timing for forth the name, address and while the proportion from the annual Commission Action Commission registration number of the fee has declined. A number of dealers Within 35 days of the date of broker, dealer or municipal securities that do not participate in traditional publication of this notice in the Federal dealer on whose behalf the fee is paid. municipal securities underwriting Register or within such longer period (i) * * * * * activities or are not actively involved in as the Commission may designate up to the trading of traditional municipal 90 days of such date if it finds such II. Self-Regulatory Organization’s securities effectively only pay a small Statement of the Purpose of, and longer period to be appropriate and annual fee of $200 to the MSRB. For publishes its reasons for so finding, or Statutory Basis for, the Proposed Rule example, firms that primarily effect Change (ii) as to which the self-regulatory transactions in a new product, organization consents, the Commission In its filing with the Commission, the municipal fund securities, only pay the will: Board included statements concerning annual fee because such transactions are (A) By order approve such proposed the purpose of and basis for the exempt from underwriting and rule change, or proposed rule change and discussed any transaction fees. The MSRB believes (B) Institute proceedings to determine comments it received on the proposed that these firms should pay a higher whether the proposed rule change rule change. The text of these statements proportion of the regulatory fees. should be disapproved. may be examined at the places specified To redress this imbalance, the MSRB in Item IV below. The Board has has determined to raise the annual fee IV. Solicitation of Comments prepared summaries, set forth in from $200 to $300. We anticipate that Interested persons are invited to sections A, B, and C below, of the most the proposed rule change will result in submit written data, views, and significant aspects of such statements. an increase of $250,000 to the MSRB’s arguments concerning the foregoing, A. Self-Regulatory Organization’s revenues in fiscal year 2004. The including whether the proposed rule Statement of the Purpose of, and proposed rule change will enhance the change is consistent with the Act. Statutory Basis for, the Proposed Rule equitable distribution of fees among Persons making written submissions Change dealers in the municipal securities should file six copies thereof with the market and increase the MSRB’s Secretary, Securities and Exchange 1. Purpose revenue to accommodate the increased Commission, 450 Fifth Street, NW., The purpose of the proposed rule costs associated with regulating Washington, DC 20549–0609. Copies of change is to help provide sufficient municipal fund securities activities. the submissions, all subsequent amendments, all written statements revenues to fund Board operations and 2. Basis to allocate fees among dealers in a with respect to the proposed rule manner that, compared to the current The Board has adopted the proposed change that are filed with the fee structure, more accurately reflects rule change pursuant to section Commission, and all written each dealer’s involvement in the 15B(b)(2)(J) of the Act, which requires, communications relating to the municipal securities market. The in pertinent part, that the Board’s rules proposed rule change between the proposed rule change would accomplish shall: Commission and any person, other than these purposes by amending Rule A–14 Provide that each municipal securities those that may be withheld from the to increase the annual fee assessed to broker and each municipal securities dealer public in accordance with the dealers from $200 to $300 per dealer. shall pay to the Board such reasonable fees provisions of 5 U.S.C. 552, will be The MSRB currently levies three and charges as may be necessary or available for inspection and copying in types of fees that are generally appropriate to defray the costs and expenses the Commission’s Public Reference applicable to dealers. Rule A–12 of operating and administering the Board. Room. Copies of the filing will also be provides for a $100 initial fee paid once Such rules shall specify the amount of such available for inspection and copying at by a dealer when it enters the municipal fees and charges. the Board’s principal offices. All securities business. Rule A–13 provides The proposed rule change provides submissions should refer to File No. SR- for an underwriting fee of $.03 per for reasonable fees, based on dealer MSRB–2003–06 and should be $1000 par value of bonds and $.01 per involvement in the municipal securities submitted by August 5, 2003.

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For the Commission, by the Division of 7.62 x 51mm bolt action centerfire rifles and Kingdom related to the production of Market Regulation, pursuant to delegated associated equipment to the Colombian castings and structural parts for the 155mm authority.3 Ministry of National Defense for use by the Howitzer. The United States Government is prepared Jill M. Peterson, Colombian Army. The United States Government is prepared to license the export of these items having Assistant Secretary. to license the export of these items having taken into account political, military, [FR Doc. 03–17786 Filed 7–14–03; 8:45 am] taken into account political, military, economic, human rights and arms control BILLING CODE 8010–01–P economic, human rights and arms control considerations. considerations. More detailed information is contained in More detailed information is contained in the formal certification which, though unclassified, contains business information DEPARTMENT OF STATE the formal certification which, though unclassified, contains business information submitted to the Department of State by the [Public Notice 4401] submitted to the Department of State by the applicant, publication of which could cause applicant, publication of which could cause competitive harm to the United States firm Bureau of Political-Military Affairs: competitive harm to the United States firm concerned. Directorate of Defense Trade Controls; concerned. Sincerely, Sincerely, Paul V. Kelly, Notifications to the Congress of Assistant Secretary, Legislative Affairs. Proposed Commercial Export Licenses Paul V. Kelly, Assistant Secretary, Legislative Affairs. Enclosure: Transmittal No. DDTC 013–03. AGENCY: Department of State. Enclosure: Transmittal No. DDTC 030–03. U.S. Department of State The Honorable J. Dennis Hastert, ACTION: Notice. Washington, DC 20520 Speaker of the House of Representatives. May 16, 2003. SUMMARY: Notice is hereby given that U.S. Department of State The Honorable Richard G. Lugar, the Department of State has forwarded Chairman, Committee on Foreign Relations, the attached Notifications of Proposed Washington, DC 20520 May 16, 2003. United States Senate. Dear Mr. Chairman: Pursuant to Section Export Licenses to the Congress on the The Honorable J. Dennis Hastert, 36(c) of the Arms Export Control Act, I am dates shown on the attachments Speaker of the House of Representatives. transmitting, herewith, certification of a pursuant to sections 36(c) and 36(d) and Dear Mr. Speaker: proposed license for the export of defense in compliance with section 36(f) of the Pursuant to Section 36(c) and (d) of the articles or defense services sold Arms Export Control Act, I am transmitting, Arms Export Control Act (22 U.S.C. commercially under a contract in the amount herewith, certification of a proposed 2776). of $100,000,000 or more. manufacturing license agreement for the The transaction contained in the attached EFFECTIVE DATE: As shown on each of manufacture of significant military the eleven letters. certification involves the export of technical equipment abroad and the export of defense data, defense services and hardware to FOR FURTHER INFORMATION CONTACT: Mr. articles or defense services in the amount of Canada and the United Kingdom related to Peter J. Berry, Director, Office of Defense $100,000,000 or more. management data terminals of the BOWMAN Trade Controls Licensing, Directorate of The transaction contained in the attached communications system for ultimate end-use Defense Trade Controls, Bureau of certification involves the export of technical by the United Kingdom Ministry of Defence. Political-Military Affairs, Department of data and defense services to Germany for the The United States Government is prepared production of the AN/APG–65 radar system to license the export of these items having State (202 663–2700). and related equipment for end-use by the SUPPLEMENTARY INFORMATION: Section taken into account political, military, Governments of Germany, Greece and the economic, human rights and arms control 36(f) of the Arms Export Control Act United States. considerations. mandates that notifications to the The United States Government is prepared More detailed information is contained in Congress pursuant to sections 36(c) and to license the export of these items having the formal certification which, though 36(d) must be published in the Federal taken into account political, military, unclassified, contains business information Register when they are transmitted to economic, human rights and arms control submitted to the Department of State by the Congress or as soon thereafter as considerations. applicant, publication of which could cause More detailed information is contained in practicable. competitive harm to the United States firm the formal certification which, though concerned. Dated: July 2, 2003. unclassified, contains business information Sincerely, Peter J. Berry, submitted to the Department of State by the Paul V. Kelly, Director, Office of Defense Trade Controls applicant, publication of which could cause Assistant Secretary, Legislative Affairs. Licensing, Directorate of Defense Trade competitive harm to the United States firm Enclosure: Transmittal No. DTC 015–03. concerned. Controls, Bureau of Political-Military Affairs, U.S. Department of State Department of State. Sincerely, Paul V. Kelly, Washington, DC 20520 U.S. Department of State Assistant Secretary, Legislative Affairs. May 16, 2003. Enclosure: Transmittal No. DDTC 009–03. The Honorable Richard G. Lugar, Washington, DC 20520 Chairman, Committee on Foreign Relations, U.S. Department of State April 30, 2003. United States Senate. The Honorable J. Dennis Hastert, Washington, DC 20520 Dear Mr. Chairman: Pursuant to Section Speaker of the House of Representatives. May 16, 2003. 36(d) of the Arms Export Control Act, I am Dear Mr. Speaker: Pursuant to Section The Honorable J. Dennis Hastert, transmitting, herewith, certification of a 36(c) of the Arms Export Control Act, I am Speaker of the House of Representatives. proposed manufacturing license agreement transmitting, herewith, certification of a Dear Mr. Speaker: Pursuant to Section for the manufacture of significant military proposed license for the export of defense 36(c) of the Arms Export Control Act, I am equipment abroad. articles that are firearms controlled under transmitting, herewith, certification of a The transaction described in the attached category I of the United States Munitions List proposed license for the export of defense certification involves the export to Norway of sold commercially under a contract in the articles or defense services sold technical data and assistance in the amount of $1,000,000 or more. commercially under a contract in the amount manufacture of the high explosive shaped The transaction contained in the attached of $100,000,000 or more. main charge warhead for the Javelin Missile certification involves the export of 243 M–24 The transaction contained in the attached System for end-use by the United States. certification involves the export of technical The United States Government is prepared 3 17 CFR 200.30–3(a)(12). assistance and hardware to the United to license the export of these items having

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taken into account political, military, More detailed information is contained in applicant, publication of which could cause economic, human rights and arms control the formal certification which, though competitive harm to the United States firm considerations. unclassified, contains business information concerned. More detailed information is contained in submitted to the Department of State by the Sincerely, the formal certification which, though applicant, publication of which could cause Paul V. Kelly, unclassified, contains business information competitive harm to the United States firm Assistant Secretary, Legislative Affairs. submitted to the Department of State by the concerned. Enclosure: Transmittal No. DDTC 025–03. applicant, publication of which could cause Sincerely, U.S. Department of State competitive harm to the United States firm Paul V. Kelly, concerned. Assistant Secretary, Legislative Affairs. Washington, DC 20520 Sincerely, Enclosure: Transmittal No. DDTC 018–03. The Honorable J. Dennis Hastert, Paul V. Kelly, Speaker of the House of Representatives. Assistant Secretary, Legislative Affairs. U.S. Department of State U.S. Department of State Enclosure: Transmittal No. DDTC 019–03. Washington, DC 20520 May 22, 2003. Washington, DC 20520 U.S. Department of State The Honorable J. Dennis Hastert, May 22, 2003. Washington, DC 20520 Speaker of the House of Representatives. Dear Mr. Speaker: Pursuant to Section May 16, 2003. Dear Mr. Speaker: Pursuant to Section 36(c) of the Arms Export Control Act, I am The Honorable Richard G. Lugar, 36(c) and (d) of the Arms Export Control Act, transmitting, herewith, certification of a Chairman, Committee on Foreign Relations, I am transmitting, herewith, certification of a proposed license for the export of major United States Senate. proposed manufacturing license agreement defense equipment and defense articles in Dear Mr. Chairman: for the manufacture of significant military the amount of $14,000,000 or more. Pursuant to Section 36(c) and (d) of the equipment abroad and the export of defense The transaction contained in the attached Arms Export Control Act, I am transmitting, articles or defense services in the amount of certification involves the sale, integration, herewith, certification of a proposed $100,000,000 or more. operation, repair, testing, training and maintenance of Paveway II and Paveway III manufacturing license agreement for the The transaction contained in the attached manufacture of significant military Weapon Systems on F–4, F–5 and F–16 certification involves the export to Poland of equipment abroad and the export of defense aircraft owned and operated by the Republic technical data, defense services and defense articles or defense services in the amount of of Korea Air Force. articles for the manufacture of three hundred $100,000,000 or more. The United States Government is prepared thirteen LAV–30 turrets for use in armored The transaction contained in the attached to license the export of these items having personnel carriers by the Government of certification involves the export of defense taken into account political, military, Poland. services, technical data and defense articles economic, human rights and arms control The United States Government is prepared to Japan to support the manufacture, considerations. to license the export of these items having assembly and training of ten AH–64D Apache More detailed information is contained in taken into account political, military, Longbow helicopters with associated spares the formal certification which, though and support equipment for the Government economic, human rights and arms control unclassified, contains business information of Japan. considerations. submitted to the Department of State by the The United States Government is prepared More detailed information is contained in applicant, publication of which could cause to license the export of these items having the formal certification which, though competitive harm to the United States firm taken into account political, military, unclassified, contains business information concerned. economic, human rights and arms control submitted to the Department of State by the Sincerely, considerations. applicant, publication of which could cause Paul V. Kelly, More detailed information is contained in competitive harm to the United States firm Assistant Secretary, Legislative Affairs. the formal certification which, though concerned. Enclosure: Transmittal No. DDTC 033–03 unclassified, contains business information Sincerely, submitted to the Department of State by the Paul V. Kelly, U.S. Department of State applicant, publication of which could cause Assistant Secretary, Legislative Affairs. Washington, DC 20520 competitive harm to the United States firm Enclosure: Transmittal No. DDTC 017–03. May 27, 2003. concerned. U.S. Department of State The Honorable Richard G. Lugar, Sincerely, Chairman, Committee on Foreign Relations, Paul V. Kelly, Washington, DC 20520 United States Senate. Assistant Secretary, Legislative Affairs. May 22, 2003. Dear Mr. Chairman: Pursuant to Section Enclosure: Transmittal No. DDTC 020–03. The Honorable J. Dennis Hastert, 36(c) of the Arms Export Control Act, I am Speaker of the House of Representatives. transmitting, herewith, certification of a U.S. Department of State Dear Mr. Speaker: Pursuant to Section proposed license for the export of defense Washington, DC 20520 36(c) of the Arms Export Control Act, I am articles or defense services sold May 19, 2003. transmitting, herewith, certification of a commercially under a contract in the amount The Honorable J. Dennis Hastert, proposed license for the export of defense of $50,000,000 or more. Speaker of the House of Representatives. articles or defense services sold The transaction contained in the attached Dear Mr. Speaker: Pursuant to Section commercially under contract in the amount certification concerns exports of technical 36(d) of the Arms Export Control Act, I am of $50,000,000 or more. data and defense services for delivery of the transmitting, herewith, certification of a The transaction contained in the attached Thuraya-D3 Satellite to the United Arab proposed manufacturing license agreement certification involves the export to Mexico of Emirates. for the manufacture of significant military technical data, defense services and defense The United States Government is prepared equipment abroad. articles for the manufacture of additional to license the export of these items having The transaction described in the attached Line Replaceable Module electrical connector taken into account political, military, certification involves the export to South backplanes for end-use by the United States. economic, human rights and arms control Africa of technical data and assistance in the The United States Government is prepared considerations. manufacture of towed, turreted, and self- to license the export of these items having More detailed information is contained in propelled artillery ammunition for end-use taken into account political, military, the formal certification which, though by the U.S. Army. economic, human rights and arms control unclassified, contains business information The United States Government is prepared considerations. submitted to the Department of State by the to license the export of these items having More detailed information is contained in applicant, publication of which could cause taken into account political, military, the formal certification which, though competitive harm to the United States firm economic, human rights and arms control unclassified, contains business information concerned. considerations. submitted to the Department of State by the Sincerely,

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Paul V. Kelly, Dated: July 7, 2003. dms.dot.gov at any time or to Room PL– Assistant Secretary, Legislative Affairs. Patricia S. Harrison, 401 on the plaza level of the Nassif Enclosure: Transmittal No. DDTC 031–03 Assistant Secretary for Educational and Building, 400 Seventh Street, SW., [FR Doc. 03–17783 Filed 7–14–03; 8:45 am] Cultural Affairs, Department of State. Washington, DC, between 9 am and 5 pm, Monday through Friday, except BILLING CODE 4710–25–P [FR Doc. 03–17781 Filed 7–14–03; 8:45 am] BILLING CODE 4710–11–P Federal Holidays. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF STATE Susan Boylon, (425–227–1152), DEPARTMENT OF TRANSPORTATION Transport Airplane Directorate (ANM– [Public Notice 4354] 113), Federal Aviation Administration, Federal Aviation Administration 1601 Lind Ave SW., Renton, WA Cultural Property Advisory Committee [Summary Notice No. PE–2003–41] 98055–4056; or Vanessa Wilkins (202– Notice of Meeting 267–8029), Office of Rulemaking (ARM– Petitions for Exemption; Summary of 1), Federal Aviation Administration, In accordance with the provisions of Petitions Received 800 Independence Avenue, SW., the Convention on Cultural Property Washington, DC 20591. AGENCY: Federal Aviation This notice is published pursuant to Implementation Act (19 U.S.C. 2601 et Administration (FAA), DOT. seq.) there will be a meeting of the 14 CFR 11.85 and 11.91. ACTION: Notice of petitions for Cultural Property Advisory Committee Issued in Washington, DC, on July 8, 2003. exemption received. on Tuesday, July 29, 2003, from Donald P. Byrne, approximately 9 a.m. to 5 p.m., and on SUMMARY: Pursuant to FAA’s rulemaking Assistant Chief Counsel for Regulations. Wednesday, July 30, 2003, from provisions governing the application, Petitions for Exemption approximately 9 a.m. to 1 p.m., at the processing, and disposition of petitions United States Department of State, for exemption, part 11 of Title 14, Code Docket No.: FAA–2002–11998. Annex 44, 301 4th St., SW., of Federal Regulations (14 CFR), this Petitioner: Bombardier Aerospace. Washington, DC. Pursuant to 19 U.S.C. notice contains a summary of certain Section of 14 CFR Affected: 25.785(b). 2603(c)(3), the Committee is requested petitions seeking relief from specified Description of Relief Sought: Request to review the possible extension of the requirements of 14 CFR. The purpose of an amendment to Exemption No. 7884, Emergency Import Restrictions Imposed this notice is to improve the public’s to remove the limitation restricting on Byzantine Ecclesiastical and Ritual awareness of, and participation in, this applicability to airplanes manufactured Ethnological Material from Cyprus, aspect of FAA’s regulatory activities. prior to January 1, 2004. Exemption No. promulgated on April 12, 1999. This Neither publication of this notice nor 7884 granted certain relief from the portion of the meeting will be closed the inclusion or omission of information general occupant protection pursuant to 5 U.S.C. 552b(c)(9)(B). in the summary is intended to affect the requirements on Model BD100–1A10 legal status of any petition or its final Global Express airplanes. The Committee’s agenda will also disposition. Docket No.: FAA–2002–13385. include briefings on internal Petitioner: Bombardier Aerospace. procedures. This portion of the meeting DATES: Comments on petitions received must identify the petition docket Section of 14 CFR Affected: 25.785(b). will be closed pursuant to 5 U.S.C. Description of Relief Sought: Request 552b(c)(2). In addition, the Committee number involved and must be received on or before August 4, 2003. an amendment to Exemption No. 7120B, will have an open session to receive to remove the limitation restricting ADDRESSES: comments from interested parties You may submit comments applicability to airplanes manufactured regarding the possible extension of this [identified by DOT DMS Docket Number prior to January 1, 2004. Exemption No. emergency import restriction. This open FAA–200X–XXXXX] by any of the 7120B granted certain relief from the portion of the meeting will be held from following methods: • general occupant protection approximately 9:30 to 10:30 p.m. on Web site: http://dms.dot.gov. requirements on Model BD700–1A10 July 30. Follow the instructions for submitting Global Express airplanes. comments on the DOT electronic docket Seating is limited. Persons wishing to site. [FR Doc. 03–17759 Filed 7–14–03; 8:45 am] attend this open portion of the meeting • Fax: 1–202–493–2251. BILLING CODE 4910–13–P must notify the Cultural Property office • Mail: Docket Management Facility; at (202) 619–6612 by 5 p.m. (EDT) US Department of Transportation, 400 Wednesday, July 23, 2003, to arrange for Seventh Street, SW., Nassif Building, DEPARTMENT OF TRANSPORTATION admission. Persons wishing to present Room PL–401, Washington, DC 20590– oral comments at the open portion of 001. Federal Aviation Administration the meeting, or to submit written • Hand Delivery: Room PL–401 on Notice of Intent To Rule on Application comments for the Committee’s the plaza level of the Nassif Building, consideration, must provide them in To Impose and Use the Revenue From 400 Seventh Street, SW., Washington, a Passenger Facility Charge (PFC) at writing by 5 p.m., (EDT) July 23, 2003. DC, between 9 am and 5 pm, Monday All comments may be faxed to (202) Hartsfield Atlanta International Airport, through Friday, except Federal Atlanta, GA 260–4893. Oral presentations will be Holidays. limited to ensure time for the • Federal eRulemaking Portal: Go to AGENCY: Federal Aviation Committee to pose questions. http://www.regulations.gov. Follow the Administration (FAA), DOT. Information about the Convention on online instructions for submitting ACTION: Notice of intent to rule on Cultural Property Implementation Act comments. application. and the subject emergency import Docket: For access to the docket to restrictions may be found at http:// read background documents or SUMMARY: The FAA proposes to rule and exchanges.state.gov/culprop. comments received, go to http:// invites public comment on the

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application to impose and use the Total estimated PFC revenue: ADDRESSES: An original and 10 copies of revenue from a PFC at Hartsfield Atlanta $308,565,000. all notices of intent to speak and any International Airport under the Brief description of proposed written statements should refer to STB provisions of the Aviation Safety and project(s): Automated Hold Baggage Finance Docket No. 34342 and should Capacity Expansion Act of 1990 (Title Screening. be sent to: Surface Transportation IX of the Omnibus Budget Class or classes of air carriers which Board, 1925 K Street, NW, Washington, Reconciliation Act of 1990) (Pub. L. the public agency has requested not be DC 20423–0001. required to collect PFCs: Air Taxi/ 101–508) and part 158 of the Federal FOR FURTHER INFORMATION CONTACT: Julia Aviation Regulations (14 CFR part 158). Commercial Operators (ATCO) when M. Farr, (202) 565–1655. [Assistance for DATES: Comments must be received on enplaining revenue passengers in the hearing impaired is available or before August 14, 2003. limited, irregular, special service through the Federal Information Relay operations. ADDRESSES: Service (FIRS) at 1–800–877–8339.] Comments on this Any person may inspect the application may be mailed or delivered application in person at the FAA office SUPPLEMENTARY INFORMATION: Kansas in triplicate to the FAA at the following listed above under FOR FURTHER City Southern (KCS), which is a holding address: Atlanta District Office, Campus INFORMATION CONTACT. company and not a railroad, now Building, 1701 Columbia Avenue, Suite In addition, any person may, upon controls two U.S. railroads: The Kansas 2–260, College Park, Georgia 30337– request, inspect the application, notice City Southern Railway Company and 2747. and other documents germane to the Gateway Eastern Railway Company. By In addition, one copy of any application in person at the City of application filed with the Board on May comments submitted to the FAA must Atlanta’s Department of Aviation. 14, 2003, KCS seeks the approval of the be mailed or delivered to Art Bacon, Board to control a third U.S. railroad: Aviation Business Manager of the City Issued in Atlanta, Georgia on Thursday, July 3, 2003. The Texas Mexican Railway Company of Atlanta’s Department of Aviation at (Tex Mex or TM). In a decision Scott L. Seritt, the following address: Art Bacon, (Decision No. 2) which was served on Aviation Business Manager, City of Manager, Atlanta Airports District Office, Southern Region. June 9, 2003, and which was published Atlanta, Department of Aviation, PO in the Federal Register on June 13, 2003 [FR Doc. 03–17767 Filed 7–14–03; 8:45 am] Box 20509, Atlanta, GA 30320–2509. (at 68 FR 35474), the Board accepted the Air carriers and foreign air carriers BILLING CODE 4910–13–M ‘‘KCS/TM’’ application and set a may submit copies of written comments procedural schedule for the processing previously provided to the City of DEPARTMENT OF TRANSPORTATION of that application. That schedule Atlanta under section 158.23 of part provides, among other things, that the 158. Surface Transportation Board Board’s final decision on the KCS/TM FOR FURTHER INFORMATION CONTACT: application will be served on October Terry Washington, P.E., Program [STB Finance Docket No. 34342] 17, 2003 (if no environmental review is Manager, Atlanta Airports District Kansas City Southern—Control—The required and no oral argument is held). Office, Campus Building, 1701 Kansas City Southern Railway The Board said in Decision No. 2 that Columbia Avenue, Suite 2–260, College Company, Gateway Eastern Railway a public hearing at which members of Park, Georgia 30337–2747, Telephone Company, and The Texas Mexican the public could voice their views Number: 404–305–7143. The Railway Company regarding the KCS/TM application application may be reviewed in person would be held in July 2003. The Board at this same location. AGENCY: Surface Transportation Board, noted in Decision No. 2 that, whereas an SUPPLEMENTARY INFORMATION: The FAA DOT. oral argument is a formal affair at which proposes to rule and invites public ACTION: Decision No. 3 in STB Finance lawyers representing parties are comment on the application to impose Docket No. 34342; Notice of Public expected to express ‘‘legal’’ views and use the revenue from a PFC at ATL Hearing. regarding disputed matters, a public under the provisions of the Aviation hearing is somewhat informal and the SUMMARY: The Surface Transportation Safety and Capacity Expansion Act of views expressed at a public hearing are Board (Board) will hold a public hearing 1990 (Title IX of the Omnibus Budget not expected to be ‘‘legal’’ arguments. in this case on Thursday, July 31, 2003, Reconciliation Act of 1990) (Pub. L. The Board is interested in hearing what in Washington, DC. The hearing will 101–508) and part 158 of the Federal members of the public have to say about provide a forum for interested persons Aviation Regulations (14 CFR part 158). any matter connected with the KCS/TM On Thursday, July 3, 2003, the FAA to express their views on the matters at application. issue in this proceeding. Persons determined that the application to Date/Time/Place of Hearing impose and use the revenue from a PFC wishing to speak at the hearing should submitted by the City of Atlanta was notify the Board in writing. The hearing will be held on Thursday, substantially complete within the DATES: The public hearing will take July 31, 2003, beginning at 10 a.m., in requirements of section 158.25 of part place on Thursday, July 31, 2003. Room 760, the Board’s hearing room, on 158. The FAA will approve or Persons wishing to speak at the hearing the 7th Floor at the Board’s disapprove the application, in whole or should file with the Board a written headquarters in the Mercury Building, in part, no later than October 1, 2003. notice of intent to speak (and should 1925 K Street, NW (on the northeast The following is a brief overview of indicate a requested time allotment) as corner of the intersection of 20th St., the application. soon as possible but no later than July NW, and K Street, NW), Washington, DC 23, 2003. Written statements by persons PFC Application No.: 03–04–C–00– Notice of Intent To Speak ATL. speaking at the hearing may be Level of the PFC: $4.50. submitted prior to the hearing but are Persons wishing to speak at the Charge effective date: October 1, 2013. not required. Persons wishing to submit hearing should file with the Board a Proposed charge expiration date: written statements should do so by July written notice of intent to speak, and January 2015. 25, 2003. should indicate a requested time

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allotment, as soon as possible but no application was filed under the Feeder trackage rights over KJRY between later than July 23, 2003. Railroad Development Program, 49 Hollis and the Mapleton Spur. U.S.C. 10907 and 49 CFR Part 1151. Subject to KJRY’s compliance with Written Statements DATES: Competing applications must be the requirements of 49 CFR 1105.7, Persons wishing to submit written filed by August 14, 2003; verified KJRY has submitted sufficient statements should do so by July 25, statements and comments addressing information to meet the requirements of 2003. the initial and/or any competing 49 CFR 1151.3. The Board will rule on Paper Copies applications must be filed by September the merits of the application as 15, 2003; and verified replies by amended when the record is complete. Persons intending to speak at the applicants and other interested parties Copies of the application and hearing and/or to submit written must be filed by October 6, 2003. The supplement may be obtained free of statements prior to the hearing should Board will issue a decision on the charge by contacting applicant’s submit an original and 10 paper copies, merits after consideration of any representatives. Alternatively, the respectively, of their notices and/or competing applications, verified application and supplement may be written statements. statements, comments, and verified inspected at the offices of the Surface Board Releases Available Via the replies that are submitted. Transportation Board, Room 755, during Internet ADDRESSES: Send an original and 10 normal business hours, or a copy of the copies of any competing applications, application and supplemental filing Decisions and notices of the Board, may be obtained from the Board’s Web including this notice, are available on verified statements, comments, and verified replies referring to STB Finance site at HTTP://WWW.STB.DOT.GOV. the Board’s Web site at Copies of the Board’s decision may be ‘‘http://www.stb.dot.gov.’’ Docket No. 34335 to: Surface Transportation Board, 1925 K Street, purchased from Da–2–Da Legal Copy This action will not significantly Service by calling 202–293–7776 affect either the quality of the human NW., Washington, DC 20423–0001. In addition, send one copy of any (assistance for the hearing impaired is environment or the conservation of available through FIRS at 1–800–877– energy resources. competing applications, verified statements, comments, and verified 8339) or visiting Suite 405, 1925 K Dated: July 9, 2003. replies to (1) applicants’ representatives: Street, NW., Washington, DC 20006. By the Board, Vernon A. Williams, William A. Mullins and David C. This action will not significantly Secretary. Reeves, 401 Ninth Street, NW., affect either the quality of the human Vernon A. Williams, Washington, DC 20004–2134; and (2) environment or the conservation of Secretary. TP&W’s representatives: Gary A. Laakso, energy resources. [FR Doc. 03–17839 Filed 7–14–03; 8:45 am] 5300 Broken Sound Boulevard NW., Decided: July 1, 2003. BILLING CODE 4915–00–P Boca Raton, FL 33487 and Louis E. By the Board, Joseph H. Dettmar, Acting Gitomer, 1455 F Street, NW., Director, Office of Proceedings. Washington, DC 20005. Vernon A. Williams, DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Secretary. Joseph H. Dettmar, (202) 565-1600. Surface Transportation Board [FR Doc. 03–17840 Filed 7–14–03; 8:45 am] [Federal Information Relay Service BILLING CODE 4915–00–P [STB Finance Docket No. 34335] (FIRS) for the hearing impaired: 1-800– 877–8339.] Keokuk Junction Railway Company— SUPPLEMENTARY INFORMATION: Under 49 DEPARTMENT OF TRANSPORTATION Feeder Line Acquisition—Line of U.S.C. 10907(b)(1), the Board is Toledo Peoria and Western Railway authorized to require the sale of a rail Surface Transportation Board Corporation Between La Harpe and line to a financially responsible person [STB Finance Docket No. 34367] Hollis, IL if the public convenience and necessity AGENCY: Surface Transportation Board. permit or require the sale. KJRY Portland & Western Railroad, Inc. and Willamette & Pacific Railroad, Inc.— ACTION: Notice of acceptance of feeder contends that the proposed sale is Trackage Rights Exemption—Union line application and institution of required under the public convenience Pacific Railroad Company proceeding. and necessity criteria, 49 U.S.C. 10907(c)(1)(A)–(E), and that it is a Union Pacific Railway Company (UP) SUMMARY: Subject to compliance with financially responsible person willing to has agreed to grant trackage rights to the requirements of 49 CFR 1105.7 pay not less than the constitutional Portland & Western Railroad, Inc. (environmental report), the Surface minimum value of both the La Harpe- (PNWR) and Willamette & Pacific Transportation Board (Board) is Hollis Line and Mapleton Spur or only Railroad, Inc. (WPRR) over 0.29 miles of accepting for filing an application the La Harpe-Hollis Line. rail line between UP’s Albany Yard KJRY filed a feeder line application submitted by Keokuk Junction Railway (milepost 691.24) and the point of April 9, 2003, and a supplement to that Company (KJRY). KJRY seeks to acquire, connection with the former Oregon from Toledo, Peoria and Western application on June 9, 2003, offering to Electric Line 1 currently being leased by Railway Corporation (TP&W), a 76-mile purchase the La Harpe-Hollis Line and PNWR in Albany, OR (milepost 691.53), rail line between milepost 194.5 near La Mapleton Spur for an estimated going and approximately 0.20 miles of rail Harpe and milepost 118.5 at Hollis, IL concern value of $3,461,434. (La Harpe-Hollis Line), and the Alternatively, KJRY offers to purchase 1 PNWR’s lease of the connecting portion of the Mapleton Industrial Spur and Wye only the 76-mile La Harpe-Hollis Line Oregon Electric Line from The Burlington Northern Facilities (Mapleton Spur), a 2.5-mile for an estimated net liquidation value of and Santa Fe Railway Company (BNSF) was line connected to the La Harpe-Hollis $3,284,605. Under the latter offer, authorized by the Board in Portland and Western Railroad, Inc.—Lease and Operation Exemption— Line at milepost 121.5 at or near Kolbe, TP&W would retain exclusive access to, The Burlington Northern Santa Fe Railway IL. Alternatively, KJRY seeks to acquire and all the revenues from, the Mapleton Company, STB Finance Docket No. 34255 (STB only the La Harpe-Hollis Line. The Spur and would receive without charge served Jan. 3, 2003).

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line constituting the north leg of the 354 I.C.C. 605 (1978), as modified in pleading must be served on Eric M. wye track connecting the Toledo Branch Mendocino Coast Ry., Inc.—Lease and Hocky, Four Penn Center Plaza, 1600 and the UP Main Line near milepost Operate, 360 I.C.C. 653 (1980). John F. Kennedy Blvd., Suite 200, 691.35, in Oregon. This notice is filed under 49 CFR Philadelphia, PA 19103–2808. The transaction was scheduled to be 1180.2(d)(7). If it contains false or consummated on or after July 2, 2003. misleading information, the exemption Board decisions and notices are The purpose of the trackage rights is is void ab initio. Petitions to revoke the available on our Web site at to allow improved access to the Oregon exemption under 49 U.S.C. 10502(d) ‘‘http://www.stb.dot.gov.’’ Electric Line that PNWR is leasing from may be filed at any time. The filing of Dated: Decided: July 2, 2003. BNSF, and to provide for more fluid a petition to revoke will not By the Board, David M. Konschnik, yard and interchange operations among automatically stay the transaction. Director, Office of Proceedings. WPRR, PNWR, and other carriers. An original and 10 copies of all Vernon A. Williams, As a condition to this exemption, any pleadings, referring to STB Finance employees affected by the trackage Docket No. 34367 must be filed with the Secretary. rights will be protected by the Surface Transportation Board, 1925 K [FR Doc. 03–17346 Filed 7–14–03; 8:45 am] conditions imposed in Norfolk and Street, NW, Washington, DC 20423– BILLING CODE 4915–00–P Western Ry. Co.—Trackage Rights—BN, 0001. In addition, one copy of each

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Corrections Federal Register Vol. 68, No. 135

Tuesday, July 15, 2003

This section of the FEDERAL REGISTER June 6, 2003, make the following contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are Due to numerous errors, Table 2 prepared by the Office of the Federal beginning on page 34181, is being Register. Agency prepared corrections are reprinted in its entirety. issued as signed documents and appear in the appropriate document categories elsewhere in the issue.

DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services

42 CFR Part 412 [CMS–1472–F] RIN 0938–AL92

Medicare Program; Prospective Payment System for Long-Term Care Hospitals: Annual Payment Rate Updates and Policy Changes Correction In rule document 03–14078 beginning on page 34122 in the issue of Friday,

TABLE 2.—LONG-TERM CARE HOSPITAL WAGE INDEX FOR RURAL AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004

1 2 Nonurban Area Full Wage ⁄5th Wage ⁄5th Wage Index 1 Index 2 Index 3

Alabama ...... 0.7660 0.9532 0.9064 Alaska ...... 1.2293 1.0459 1.0917 Arizona ...... 0.8493 0.9699 0.9397 Arkansas ...... 0.7666 0.9533 0.9066 California ...... 0.9899 0.9980 0.9960 Colorado ...... 0.9015 0.9803 0.9606 Connecticut ...... 1.2394 1.0479 1.0958 Delaware ...... 0.9128 0.9826 0.9651 Florida ...... 0.8827 0.9765 0.9531 Georgia ...... 0.8230 0.9646 0.9292 Hawaii ...... 1.0255 1.0051 1.0102 Idaho ...... 0.8747 0.9749 0.9499 Illinois ...... 0.8204 0.9641 0.9282 Indiana ...... 0.8755 0.9751 0.9502 Iowa ...... 0.8315 0.9663 0.9326 Kansas ...... 0.7900 0.9580 0.9160 Kentucky ...... 0.8079 0.9616 0.9232 Louisiana ...... 0.7580 0.9516 0.9032 Maine ...... 0.8874 0.9775 0.9550 Maryland ...... 0.8946 0.9789 0.9578 Massachusetts ...... 1.1288 1.0258 1.0515 Michigan ...... 0.9009 0.9802 0.9604 Minnesota ...... 0.9151 0.9830 0.9660 Mississippi ...... 0.7680 0.9536 0.9072 Missouri ...... 0.7881 0.9576 0.9152 Montana ...... 0.8481 0.9696 0.9392 Nebraska ...... 0.8204 0.9641 0.9282 Nevada ...... 0.9577 0.9915 0.9831 New Hampshire ...... 0.9839 0.9968 0.9936

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TABLE 2.—LONG-TERM CARE HOSPITAL WAGE INDEX FOR RURAL AREAS FOR DISCHARGES OCCURRING FROM JULY 1, 2003 THROUGH JUNE 30, 2004—Continued

1⁄5th Wage 2⁄5th Wage Nonurban Area Full Wage Index 1 Index 2 Index 3

New Jersey 4 ...... New Mexico ...... 0.8872 0.9774 0.9549 New York ...... 0.8542 0.9708 0.9417 North Carolina ...... 0.8669 0.9734 0.9468 North Dakota ...... 0.7788 0.9558 0.9115 Ohio ...... 0.8613 0.9723 0.9445 Oklahoma ...... 0.7590 0.9518 0.9036 Oregon ...... 1.0259 1.0052 1.0104 Pennsylvania ...... 0.8462 0.9692 0.9385 Puerto Rico ...... 0.4356 0.8871 0.7742 Rhode Island 4 ...... South Carolina ...... 0.8607 0.9721 0.9443 South Dakota ...... 0.7815 0.9563 0.9126 Tennessee ...... 0.7877 0.9575 0.9151 Texas ...... 0.7821 0.9564 0.9128 Utah ...... 0.9312 0.9862 0.9725 Vermont ...... 0.9345 0.9869 0.9738 Virginia ...... 0.8504 0.9701 0.9402 Washington ...... 1.0179 1.0036 1.0072 West Virginia ...... 0.7975 0.9595 0.9190 Wisconsin ...... 0.9162 0.9832 0.9665 Wyoming ...... 0.9007 0.9801 0.9603 1 Pre-reclassification wage index from Federal FY 2003 based on fiscal year 1999 audited acute care hospital inpatient wage data that exclude wages for services provided by teaching physicians, residents, and nonphysician anesthetists under Part B of the Medicare program. 2 One-fifth of the full wage index value, applicable for LTCH’s cost reporting period beginning on or after October 1, 2002 through September 30, 2003 (Federal FY 2203). For example, for a LTCH’s cost reporting period begins during Federal in FY 2003 and located in rural Illinois, the 1/5th of the wage index value is computed as (0.8204 + 4)/5 = 0.9641. For further details on the 5-year phase-in of the wage index, see section VI.C.1. of this final rule. 3 Two-fifths of the full wage index value, applicable for LTCH’s cost reporting period beginning on or after October 1, 2003 through September 30, 2003 (Federal FY 2004). For example, for a LTCH’s cost reporting period begins during Federal in FY 2004 and located in rural Illinois, the 2/5th of the wage index value is computed as ((2*0.8204) + 3))/5 = 0.9282. For further details on the 5-year phase-in of the wage index, see sec- tion VI.C.1. of this final rule. 4 All counties within the State are classified as urban.

[FR Doc. C3–14078 Filed 7–14–03; 8:45 am] first sentence of paragraph (a) is revised §39.13 [Corrected] BILLING CODE 1505–01–D to read as follows:’’. 1. On page 19944, in the first column, [FR Doc. C3–17192 Filed 7–14–03; 8:45 am] in §39.13, in the second table, the BILLING CODE 1505–01–D heading, ‘‘Table 5— Compliance Time DEPARTMENT OF THE INTERIOR for TLMCs’’ should read ‘‘Table— Compliance Time for TLMCs’’. Minerals Management Service DEPARTMENT OF TRANSPORTATION 2. On the same page, in the second column, in the same section, in the first 30 CFR Part 250 Federal Aviation Administration table, the heading, ‘‘Table 5— RIN 1010–AD03 Compliance Time for TLMCs— 14 CFR Part 39 Continued’’ should read ‘‘Table— Oil and Gas and Sulphur Operations in [Docket No. 2002–NM–317–AD; Amendment Compliance Time for TLMCs— the Outer Continental Shelf (OCS), 39–13125;AD 2003–08–12] Continued’’. Document Incorporated by Reference 3. On the same page, in the same for Fixed Platforms RIN 2120–AA64 column, in the same section, in the second table, the heading, ‘‘Table 6— Airworthiness Directives; Bombardier Correction IBR Alert Service Bulletins’’ should read Model CL–600–1A11 (CL–600), CL– ‘‘Table 5—IBR Alert Service Bulletins’’. In rule document 03–17192 beginning 600–2A12 (CL–601), and CL–600–2B16 4. On the same page, in the third on page 41077, in the issue of Thursday, (CL7–601–3A, CL–601–3R, and CL– column, in the same section, in the July 10, 2003 make the following 604) Series Airplanes correction: table, the heading, ‘‘Table 6—IBR Alert Correction Service Bulletins—Continued’’ should PART 250—[CORRECTED] read ‘‘Table 5—IBR Alert Service In rule document 03–9690 beginning Bulletins—Continued’’. On page 41078, in the first column, on page 19940 in the issue of amendatory instruction 2. is corrected to Wednesday, April 23, 2003 make the [FR Doc. C3–9690 Filed 7–14–03; 8:45 am] read as follows: ‘‘ In section 250.912 the following corrections: BILLING CODE 1505–01–D

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Part II

Department of Agriculture Forest Service

36 CFR Parts 219 and 294 National Forest System Land and Resource Management Planning; Special Areas; Roadless Area Conservation; Proposed Rules

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DEPARTMENT OF AGRICULTURE roadless rule to Alaska’s national confirm receipt of comments. forests. USDA settled the lawsuit by Individuals wishing to inspect the Forest Service agreeing to publish the proposed rule comments should call Jody Sutton at (located elsewhere in the same part of (801) 517–1023 to facilitate an 36 CFR Parts 219 and 294 today’s Federal Register) to temporarily appointment. RIN 0596–AC05 exempt the Tongass from the FOR FURTHER INFORMATION CONTACT: In application of the roadless rule, and to Washington, DC contact: Dave Barone, National Forest System Land and publish this separate ANPR requesting Planning Specialist, Ecosystem Resource Management Planning; comment on whether to exempt Management Coordination Staff, Forest Special Areas; Roadless Area permanently the Tongass and the Service, USDA, (202) 205–1019; and in Conservation Chugach National Forests in Alaska Juneau, Alaska contact: Jan Lerum, from the application of the roadless AGENCY: Forest Service, USDA. Regional Planner, Forest Service, USDA, rule. (907) 586–8796. ACTION: Advance notice of proposed Under the settlement, the vast SUPPLEMENTARY INFORMATION: rulemaking; request for comment. majority of Alaska National Forests will Background SUMMARY: On July 10, 2001, the Forest remain off limits to development. Service published an advance notice of Timber harvest will be prohibited on Implementation and Review of Roadless proposed rulemaking (ANPR) seeking more than 95 percent of Alaska National Area Conservation Rule Forests as required under existing forest public comment concerning how best to On May 4, 2001, the Secretary of proceed with long-term protection and plans. Exempting the Tongass National Forest from the application of the Agriculture expressed the management of inventoried roadless Administration’s commitment to areas. The 2001 ANPR expressed the roadless rule would make approximately 300,000 roadless acres providing protection for roadless areas Department’s belief that inventoried in the National Forest System. However, roadless areas contain important available for—forest management— slightly more than 3 percent of the 9.3 acknowledging concerns raised by local environmental values that warrant communities, tribes, and States protection, and identified a set of million roadless acres in the Tongass, or 0.5 percent of the total roadless acres impacted by the January 12, 2001, principles that would guide the Roadless Area Conservation Rule (66 FR Department in addressing this subject. nationwide. Exempting the Chugach National Forest, from the application of 3244), the Secretary also indicated that This second ANPR solicits further USDA would move forward with a public input concerning the the roadless rule would permit roaded access on approximately 150,000 responsible and balanced approach to applicability of the roadless area re-examining the rule that fairly conservation rule to both the Tongass acres—less than 3 percent of the forest’s 5.4 million roadless acres, or 0.3 percent addressed those concerns. and the Chugach National Forests in On May 10, 2001, two days before the of the total roadless acres nationwide. Alaska. In conjunction with this second Roadless Area Conservation Rule was to The proposals under the settlement ANPR, a proposed rule has been become effective, the U.S. District Court would preserve all old-growth reserves, published elsewhere in the same part of for the District of Idaho issued a riparian buffers, beach fringe buffers, today’s Federal Register that would preliminary injunction order enjoining roadless areas, and other protections amend the roadless area conservation the Department from implementing the contained in the forest plans. The rule’s application to the Tongass rule. This decision was appealed, and roadless rule would also continue to National Forest. The agency is the Ninth Circuit Court of Appeals apply to the 43.7 million roadless acres publishing the proposed rule and this reversed and remanded this preliminary ANPR in order to fulfill part of the in national forests outside of Alaska. Public comment is invited and will be injunction order. In total, nine lawsuits Department’s obligations under the June challenging the roadless rule have been 10, 2003 settlement agreement for State considered in the development of the proposed rule. filed in six judicial districts and four of Alaska v. USDA, while also federal circuits. maintaining the ecological values of DATES: Comments must be postmarked On June 7, 2001, in order to bring inventoried roadless areas in the by August 14, 2003. some stability to roadless area Tongass and Chugach National Forests. ADDRESSES: Send written comments to: management given the legal In State of Alaska v. USDA, the State Roadless ANPR, USFS Content Analysis uncertainties with implementing the of Alaska and other plaintiffs alleged Team, P.O. Box 22777, Salt Lake City, rule, Chief Dale Bosworth instituted that the roadless rule violated a number Utah, 84122; by electronic mail to interim agency direction to protect of federal statutes, including the Alaska [email protected]; or by facsimile roadless values in inventoried roadless National Interest Lands Conservation to 801–880–3311. If you intend to areas. In view of the the Ninth Circuit’s Act of 1980 (ANILCA). Passed submit comments in batched e-mails April 14, 2003, order reversing the overwhelmingly by Congress in 1980, from the same server, please be aware preliminary injunction and remanding ANILCA sets aside millions of acres in that electronic security safeguards on the matter, the agency’s interim Alaska for the National Park Service, Forest Service and Department of direction was allowed to expire on June Forest Service, National Monuments, Agriculture computer systems intended 14, 2003. National Wildlife Refuges, and to prevent commercial spamming may Wilderness Areas with the limit batched e-mail access. The Forest First Advance Notice of Proposed understanding that sufficient protection Service is interested in receiving all Rulemaking and balance would be ensured between comments on this advance notice of On July 10, 2001, the Forest Service protected areas and multiple-use proposed rulemaking, however, so published an advance notice of managed areas, and that there would be please call (801) 517–1020 to facilitate proposed rulemaking (ANPR) seeking no more administrative land transfer of comments in batched e-mail public comment concerning how best to withdrawals. The Alaska lawsuit alleged messages. Please note that all comments proceed with long-term protection and that USDA violated ANILCA by will be available for public inspection management of inventoried roadless applying the requirements of the and copying. The agency cannot areas. The first ANPR indicated that

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how the Department ultimately opportunity for the satisfaction of the Conclusion addresses protecting roadless values economic and social needs of the people The Department of Agriculture is would depend on a number of factors. in Alaska. The Act set aside millions of considering a permanent exemption for Those included court decisions, public acres in Alaska for the National Park the Tongass and Chugach National comments, and practical options for Service, Forest Service, National Forests from the applicability of the amending the current rule or using other Monuments, National Wildlife Refuges roadless rule. Public input and administrative tools to implement and Wilderness Areas. comment received through this second inventoried roadless area protections. advance notice of proposed rulemaking During the public comment period for If the Tongass and the Chugach will help inform the Department’s the first ANPR that closed on September National Forests are exempted from the consideration of future rulemaking 11, 2001, the Forest Service received roadless rule, the Forests would proposals. over 726,000 responses. The responses continue to be managed pursuant to the represented two main points of view on existing Forest Plans. Both the 1997 Dated: June 30, 2003. natural resource management and Revised Forest Plan (as readopted by the Dale N. Bosworth, perspectives on resource February 2003 Record of Decision) for Chief. decisionmaking: (1) Emphasis on the Tongass and the 2002 Revised Forest [FR Doc. 03–17419 Filed 7–14–03; 8:45 am] Plan for the Chugach were developed environmental protection and BILLING CODE 3410–11–P preservation, and support for making through fair and open planning national decisions; and (2) emphasis on processes, based on years of extensive responsible active management, and public involvement and thorough DEPARTMENT OF AGRICULTURE support for local decisions made scientific review, and provide full through the forest planning process. A consideration of social, economic, and Forest Service 1,200 page summary of this public ecological values. The net effect of comment was prepared in May of 2002, amending the roadless rule to exclude 36 CFR Part 294 and is available on the Forest Service National Forest System lands in the RIN 0596–AC04 internet site for Roadless Area State of Alaska would be to allow timber Conservation at http:// harvest in approximately 300,000 Special Areas; Roadless Area www.roadless.fs.fed.us. additional acres (approximately 3 Conservation; Applicability to the Relationship of Rulemaking Proposals percent) on the Tongass out of 9.34 Tongass National Forest, Alaska to Alaska Litigation million inventoried roadless acres, and possible access and development on AGENCY: Forest Service, USDA. In January of 2001, the State of Alaska 150,000 additional acres out of 5.4 ACTION: Notice of proposed rulemaking; and six other parties filed a lawsuit million roadless acres on the Chugach. request for comment. against USDA contending that the Timber harvest would be prohibited on roadless rule violated various statutes. SUMMARY: The Department of approximately 95 percent of National On June 10, 2003, a settlement Agriculture, Forest Service is proposing agreement was signed by the U.S. Forest System lands in the State of to amend regulations concerning the Department of Justice, the State of Alaska under the existing forest plans, Roadless Area Conservation Rule Alaska, and intervenor-plaintiffs to if both the Tongass and the Chugach (hereinafter, referred to as the roadless resolve and dismiss this litigation. This National Forests were excluded from rule) to exempt the Tongass National settlement agreement calls for the application of the prohibitions of the Forest (hereinafter, referred to as the Federal Government to publish in the roadless rule. Tongass) from prohibitions against Federal Register, within 60 days: (1) A Public Comment Solicitation timber harvest, road construction, and proposed temporary regulation that reconstruction in inventoried roadless would exempt the Tongass National All interested parties are encouraged areas until a final rule is promulgated as Forest from the application of the to express their views in response to announced by the Forest Service on July roadless rule until completion of the this request for public comment on the 10, 2001, in an advance notice of rulemaking process for any permanent following question: proposed rulemaking. In seeking public comment on this amendments to the roadless rule; and Should any exemption from the proposal to amend the roadless rule, the (2) an advance notice of proposed applicability of the roadless rule to the agency is fulfilling part of the rulemaking to exempt both the Tongass Tongass National Forest be made Department’s obligations under the June and the Chugach National Forests from permanent and also apply to the 10, 2003 settlement agreement for State the application of the roadless rule. This Chugach National Forest? advance notice of proposed rulemaking, of Alaska v. USDA, while maintaining and a proposed rule published Regulatory Findings the ecological values of inventoried elsewhere in today’s Federal Register to roadless areas in the Tongass National exempt the Tongass National Forest This second advance notice of Forest. from the applicability of the roadless proposed rulemaking is being issued to In State of Alaska v. USDA, the State rule, fullfill these terms of the report on public input received and to of Alaska and other plaintiffs alleged settlement agreement. obtain public comment regarding the that the roadless rule violated a number protection and management of of federal statutes, including the Alaska A Unique Situation Exists in the State inventoried roadless areas in the State of National Interest Lands Conservation of Alaska Alaska. Because the Department is not Act of 1980 (ANILCA). Passed In 1980, Congress passed the Alaska proposing any specific action at this overwhelmingly by Congress in 1980, National Interest Lands Conservation time, there are no regulatory findings ANILCA sets aside millions of acres in Act (ANILCA). In ANILCA, Congress associated with this notice. Comments Alaska for the National Park Service, found that the Act provided the proper received will help the Department Forest Service, National Monuments, balance between the protection of determine the extent and scope of any National Wildlife Refuges, and environmental values while providing future rulemaking. Wilderness Areas with the

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understanding that sufficient protection Service is interested in receiving all roadless rule was in conformance with and balance would be ensured between comments on this proposed rule, the general statutory requirements of the protected areas and multiple-use however, so please call (801) 517–1020 National Environmental Policy Act. managed areas, and that there would be to facilitate transfer of comments in In another lawsuit, the State of Alaska no more administrative land batched e-mail messages. Please note and six other parties alleged that the withdrawals. The Alaska lawsuit alleged that all comments, including names and roadless rule violated the that USDA violated ANILCA by addresses when provided, will be Administrative Procedure Act, National applying the requirements of the placed in the record and will be Forest Management Act, National roadless rule to Alaska’s national available for public inspection and Environmental Policy Act, Alaska forests. USDA settled the lawsuit by copying. The agency cannot confirm National Interest Lands Conservation agreeing to publish this proposed rule to receipt of comments. Individuals Act, Tongass Timber Reform Act and temporarily exempt the Tongass from wishing to inspect the comments should other laws. In the June 10, 2003, the application of the roadless rule, and call Jody Sutton at (801) 517–1023 to settlement of that lawsuit, the to publish the separate advance notice schedule an appointment. Department committed to publishing a of proposed rulemaking (located FOR FURTHER INFORMATION CONTACT: In proposed rule with request for comment elsewhere in the same part of today’s Washington, DC contact: Dave Barone, that would exempt the Tongass National Federal Register) requesting comment Planning Specialist, Ecosystem Forest from application of the roadless on whether to exempt permanently the Management Coordination Staff, Forest rule. The Department made no Tongass and the Chugach National Service, USDA, (202) 205–1019; and in representations regarding the content or Forests in Alaska from the application Juneau, Alaska contact: Jan Lerum, substance of any final rule that may of the roadless rule. Regional Planner, Forest Service, USDA, result. Under the settlement, the vast (907) 586–8796. If the Tongass National Forest is majority of Alaska National Forests will SUPPLEMENTARY INFORMATION: exempted from the prohibitions in the remain off limits to development. roadless rule, the Forest would continue Timber harvest will be prohibited on Background and Litigation History to be managed pursuant to the 1997 more than 95 percent of Alaska National On January 12, 2001, the Department Tongass Forest Plan with non- Forests as required under existing forest published a final rule entitled ‘‘Special significant amendments, as readopted in plans. Exempting the Tongass National Areas; Roadless Area Conservation’’ (66 the February 2003 Record of Decision Forest from the application of the FR 3244) (‘‘the roadless rule’’). The (2003 Plan) issued in response to the roadless rule would make roadless rule was a discretionary rule district court’s remand of the 1997 Plan approximately 300,000 roadless acres that fundamentally changed the Forest in Sierra Club v. Rey, (D. Alaska). Both available for forest management— Service’s longstanding approach to documents were developed through fair slightly more than 3 percent of the 9.3 management of inventoried roadless and open planning processes, based on million roadless acres in the Tongass, or areas by establishing nationwide years of extensive public involvement 0.5 percent of the total roadless acres prohibitions generally limiting, with and thorough scientific review. The nationwide. Exempting the Chugach some exceptions, timber harvest, road 2003 Tongass Forest Plan provides a full National Forest from the application of construction, and reconstruction within consideration of social, economic, and the roadless rule would permit roaded inventoried roadless areas in national ecological values in Southeast Alaska. access on approximately 150,000 forests. A draft environmental impact This rulemaking does not propose to acres—less than 3 percent of the forest’s statement (DEIS) (May 2000) and final reduce any of the old-growth reserves, 5.4 million roadless acres, or 0.3 percent environmental impact statement (FEIS) riparian buffers, beach fringe buffers, or of the total roadless acres nationwide. (November 2000) were prepared and other standards and guidelines of the The proposals under the settlement included consideration of alternatives 2003 Tongass Forest Plan or, in any would preserve all old-growth reserves, that specifically exempted the Tongass way, impact the protections afforded by riparian buffers, beach fringe buffers, National Forest from the roadless rule’s the plan. roadless areas, and other protections prohibitions. As described in the FEIS, Congress Has Given Specific Direction contained in the forest plans. The the roadless rule was predicted to cause To Protect the National Interest in roadless rule would also continue to substantial social and economic Alaska Public Lands apply to the 43.7 million roadless acres hardship in communities throughout in national forests outside of Alaska. Southeast Alaska (FEIS Vol. 1, 3–202, 3– Congress has provided specific Public comment is invited and will be 326 to 3–350, 3–371 to 3–392). direction to protect the national interest considered in the development of the Nonetheless, the final rule extended the in the public lands in Alaska. The final rule. rule’s prohibitions to the Tongass Alaska National Interest Lands DATES: Comments must be postmarked National Forest. Conservation Act (ANILCA) of 1980 (16 by August 14, 2003. The roadless rule has been subject to U.S.C. 3210) established vast areas of ADDRESSES: Send written comments to: a number of lawsuits in Federal district conservation system units, including Roadless TNF, Content Analysis Team, courts in Idaho, Utah, North Dakota, more than 50 percent of the combined USDA Forest Service, P.O. Box 22810, Wyoming, Alaska, and the District of acreage of all designated wilderness Salt Lake City, UT 84122; by electronic Columbia. In one of these lawsuits, the areas in the Nation. Congress further mail to [email protected]; or by District Court of Idaho issued a nation- found that the Act provides sufficient facsimile to (801) 880–2808. If you wide preliminary injunction prohibiting protection for the national interest in intend to submit comments in batched implementation of the roadless rule. the scenic, natural, cultural, and e-mails from the same server, please be The preliminary injunction decision environmental values on the public aware that electronic security safeguards was reversed and remanded by a panel lands in Alaska, and at the same time on Forest Service and Department of of the Ninth Circuit Court of Appeals. provides adequate opportunity for Agriculture computer systems intended The Ninth Circuit held that the Forest satisfaction of the economic and social to prevent commercial spamming may Service’s preparation of the needs of the State of Alaska and its limit batched e-mail access. The Forest environmental impact statement for the people.

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In 1990, Congress provided additional Congress has designated 39 percent of prohibitions on timber harvest, as well management direction to reflect national the Tongass as Wilderness, National as road construction and reconstruction interests in Alaska by passing the Monument, or other special on the Tongass, effective April 2004. Tongass Timber Reform Act. The designations which prohibit commercial The FEIS recognized that the economic Tongass Timber Reform Act amended timber harvest and road construction, and social impacts of including the ANILCA by directing the Secretary of with certain limited exceptions. An Tongass in the roadless rule’s Agriculture, subject to certain additional 39 percent of the Tongass is prohibitions could be of considerable limitations, to seek to provide a supply managed under the Forest Plan to consequence in communities where the of timber from the Tongass National maintain natural settings where forest products industry is a significant Forest which (1) meets the annual commercial timber harvest and road component of local economies. The market demand for timber and (2) meets construction are not allowed. About 4 FEIS also noted that if the Tongass was the market demand for timber for each percent of the Tongass is designated exempt from the roadless rule planning cycle. suitable for commercial timber harvest, prohibitions, loss of habitat and species The Department will consider with about half of that area contained abundance would not pose an whether the proposed rule better within inventoried roadless areas. The unacceptable risk to diversity across the implements the national interests remaining 18 percent of the Forest is forest. proclaimed by Congress for the Tongass managed for various multiple uses. The The final January 12, 2001 roadless National Forest. Tongass Forest Plan provides high rule directed an immediate prohibition levels of resource protection, and has on timber harvest, road construction, Most Southeast Alaska Communities been designed to assure ecological and reconstruction in roadless areas, Are Significantly Impacted by the sustainability over time while allowing except for projects that already had a Roadless Rule some development to occur that notice of availability of a draft There are thirty two communities supports communities dependent on the environmental impact statement within the boundary of the Tongass management of National Forest System published in the Federal Register. National Forest. Most Southeast Alaska lands in Southeast Alaska. Litigation Settlement communities lack road and utility In addition, the State of Alaska as a connections to other communities and whole has an extensive network of In January 2001, the State of Alaska to the mainland systems. Because most protected areas. Alaska has the greatest filed a lawsuit against the United States amount of land and the highest Southeast Alaska communities are Department of Agriculture contending percentage of its land base in surrounded on land by inventoried the roadless rule violated the conservation reserves of any state. roadless areas of the Tongass National Administrative Procedure Act, National Federal lands comprise 59 percent of Forest, the roadless rule significantly Forest Management Act, National the state and 40 percent of federal lands limits the ability of communities to Environmental Policy Act, Alaska in Alaska are in conservation system develop road and utility connections National Interest Lands Conservation units. that almost all other communities in the Act, Tongass Timber Reform Act and United States take for granted. If the Different Approaches Considered for other laws. proposed rule is adopted, communities the Tongass National Forest In fulfillment of one of its obligations in Southeast Alaska would be able to The unique situation of the Tongass under the settlement agreement for State propose road and utility connections National Forest has been recognized of Alaska v. USDA, and after across national forest system land that throughout the Forest Service’s process consideration of the circumstances will benefit their communities. Any for examining prohibitions in surrounding the development and such community proposal would then inventoried roadless areas. The process promulgation of the roadless rule be evaluated on its own merits. for developing the roadless rule relative to the Tongass and the In addition, the preponderance of included different options for the implications of implementing the rule, federal land in Southeast Alaska results Tongass in each stage of the the Department is seeking public in communities being more dependent promulgation of the rule and each stage comment on this proposal to amend the upon Tongass National Forest lands and of the environmental impact statement. roadless rule. This proposed rule has having fewer alternative lands to In February 1999, the agency been developed in light of the factors generate jobs and economic activity. exempted the Tongass and other forests and issues described in this preamble, The communities of Southeast Alaska with recently revised forest plans from including serious concerns about the are particularly affected by the roadless an interim rule prohibiting new road previously disclosed economic and rule prohibitions. The FEIS estimated construction. The October 1999 Notice social hardships the application of the that approximately 900 jobs could be of Intent to prepare an environmental rule’s prohibitions would cause in lost in Southeast Alaska due to the impact statement for the roadless rule communities throughout Southeast application of the roadless rule. specifically requested comment on Alaska. Roadless Areas Are Common, Not Rare, whether or not the rule should apply to Conclusion on the Tongass National Forest the Tongass National Forest in light of the recent revision of the Tongass Forest For the reasons identified in this The 16.8 million acre Tongass Plan and the ongoing economic preamble, the Department is proposing National Forest in Southeast Alaska is transition of communities and the to amend paragraph (d) of § 294.14 of approximately 90 percent roadless and timber program in Southeast Alaska. the Roadless Area Conservation Rule to undeveloped. The vast majority of the The May 2000 DEIS for the roadless rule exempt the Tongass National Forest 9.34 million acres of inventoried proposed to postpone making a decision from prohibitions against timber roadless areas and their associated for the Tongass until April 2004, in harvest, road construction, and values in the Tongass are already either association with the 5-year review of the reconstruction in inventoried roadless protected through Congressional Tongass Forest Plan. areas until the Department promulgates designation or through the Tongass The preferred alternative was altered a revised final roadless area Forest Plan. in the November 2000 FEIS to include conservation rule as announced in the

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July 10, 2001, advance notice of the DEIS the Department proposed the considered exempting the Tongass proposed rulemaking (66 FR 35918). Tongass Deferred Alternative, which National Forest as a detailed alternative, would not have applied the rule’s the decision to issue this proposed Regulatory Certifications prohibitions to the Tongass National amendment is expected to be based on Regulatory Impact Forest but would have required that the the FEIS, unless the Department finds This proposed rule has been reviewed agency make a determination as part of that there are significant new under USDA procedures and Executive the five-year plan review whether to circumstances or information relevant to Order (E.O.) 12866, Regulatory Planning prohibit road construction in unroaded environmental concerns and bearing on portions of inventoried roadless areas, and Review, and designated as this alternative or its impacts that would and would have directed that an significant by the Office of Management warrant additional environmental evaluation of whether and how to and Budget (OMB). OMB has reviewed impact analysis. A final determination protect roadless characteristics, in the this proposed rule since it raises novel will be made before adoption of the context of multiple use management, be legal or policy issues arising out of legal final rule. The FEIS is available in the conducted during the next Tongass mandates, the President’s priorities, or document archives section of the Forest Plan revision. In the FEIS, the the principles set forth in E.O. 12866. Roadless Area Conservation internet site Department identified the Tongass ‘‘Not A cost-benefit analysis has been at http://www.roadless.fs.fed.us. Exempt’’ as the Preferred Alternative, conducted on the impact of this which would have treated the Tongass No Takings Implications proposed rule and incorporates by National Forest the same as all other This proposed rule has been analyzed reference the detailed regulatory impact national forests, but delayed in accordance with the principles and analysis prepared for the January 12, implementation of the rule’s criteria contained in Executive Order 2001, roadless rule, which included the prohibitions untilApril 2004. This delay 12360, and it has been determined that Tongass Exempt Alternative. Much of would have served as a social and the proposed rule will not pose the risk this analysis was discussed and economic mitigation measure by of a taking of a Constitutionally- disclosed in the FEIS for the roadless providing a transition period for protected private property, as the rule is rule. A review of the data and communities most affected by changes limited to exempting temporarily the information from the original analysis in management of inventoried roadless applicability of the roadless area and the information disclosed in the areas in the Tongass. In the final rule conservation rule to the Tongass FEIS found that it is still relevant, published on January 12, 2001, National Forest. pertinent, and sufficient in regards to however, the Department selected the exempting the Tongass from the Tongass ‘‘Not Exempt’’ alternative Energy Effects application of the roadless rule. The which immediately applied the rule’s This proposed rule has been analyzed Department has concluded that no new prohibitions to inventoried roadless under Executive Order 13211, Actions information exists today that would areas on the Tongass, but allowed road Concerning Regulations That significantly alter the results of the construction, reconstruction, and the Significantly Affect Energy Supply, original analysis. cutting, sale, and removal of timber Distribution, or Use. It has been Moreover, this proposed rule has been from inventoried roadless areas where a determined that this proposed rule does considered in light of Executive Order notice of availability for a draft not constitute a significant energy action 13272 regarding proper consideration of environmental impact statement for as defined in the Executive order. small entities and the Small Business such activities was published in the Civil Justice Reform Regulatory Enforcement Fairness Act of Federal Register prior to January 12, 1996 (SBREFA), which amended the 2001. This proposed rule has been reviewed Regulatory Flexibility Act (5 U.S.C. 601 In February 2003, in compliance with under Executive Order 12988, Civil et seq.). An initial and final regulatory the district court’s order in Sierra Club Justice Reform. The Department has not flexibility analysis was conducted on v. Rey (D. Alaska), the Forest Service identified any State or local laws or the proposed and final roadless area issued a Record of Decision (ROD) and regulations that are in conflict with this conservation rule, which included the a Supplemental Environmental Impact action or that would impede full effects associated with the Tongass Statement (SEIS) to the 1997 Revised implementation of this rule. National Forest. An initial small entities Tongass Forest Plan that examined the Nevertheless, in the event that such a flexibility assessment for this proposed site-specific wilderness and non- conflict was to be identified, the rule has been made and it has been wilderness values of the inventoried proposed rule, if implemented, would determined that this action will not roadless areas on the Forest as part of preempt the State or local laws or have a significant economic impact on the forest planning process. The regulations found to be in conflict. a substantial number of small entities as February 2003 ROD readopted the 1997 However, in that case, (1) no retroactive defined by SBREFA. This proposed rule Tongass Forest Plan with non- effect would be given to this proposed will not impose record keeping significant amendments as the current rule; and (2) the Department would not requirements; will not affect small forest plan. Congress has prohibited require the use of administrative entities’ competitive position in relation administrative or judicial review of the proceedings before parties could file to large entities; and will not affect February 2003 ROD. Section 335 of the suit in court challenging its provisions. small entities’ cash flow, liquidity, or 2003 Omnibus Appropriations Act Unfunded Mandates ability to remain in the market. provides that the ROD for the 2003 SEIS for the 1997 Tongass Land Management Pursuant to Title II of the Unfunded Environmental Impact Plan shall not be reviewed under any Mandates Reform Act of 1995 (2 U.S.C. The Department prepared a Draft EIS Forest Service administrative appeal 1531–1538), which the President signed (May 2000) and Final EIS (November process, and its adequacy shall not be into law on March 22, 1995, the 2000) in association with promulgation subject to judicial review by any court Department has assessed the effects of of the roadless area conservation rule. in the United States. this proposed rule on State, local and The DEIS and FEIS examined in detail Because the 2000 FEIS for the final tribal governments and the private sets of Tongass-specific alternatives. In roadless area conservation rule sector. This proposed rule does not

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compel the expenditure of $100 million to make contact with Tribes to ensure Agriculture proposes to amend part 294 or more by any State, local, or tribal awareness of this proposed rule and of title 36 of the Code of Federal government, or anyone in the private conduct government-to-government Regulations as follows: sector. Therefore, a statement under dialog. PART 294—SPECIAL AREAS section 202 of the act is not required. Controlling Paperwork Burdens on the Federalism and Consultation and Public Subpart B—Protection of Inventoried Coordination With Indian Tribal This proposed rule does not contain Roadless Areas Governments any record keeping, reporting 1. The authority citation for subpart B requirements, or other information The Department has considered this continues to read as follows: proposed rule under the requirements of collection requirements as defined in 5 CFR part 1320, and therefore imposes Authority: 16 U.S.C. 472, 529, 551, 1608, Executive Order 13132, Federalism. The 1613; 23 U.S.C. 201, 205. agency has made a preliminary no paperwork burden on the public. Accordingly, the review provisions of 2. Revise paragraph (d) of § 294.14 to assessment that the rule conforms with read as follows: the federalism principles set out in this the Paperwork Reduction Act of 1995 Executive order; would not impose any (44 U.S.C. 3501, et seq.) and § 294.14 Scope and applicability. compliance costs on the States; and implementing regulations at 5 CFR part 1320 do not apply. * * * * * would not have substantial direct effects (d) Until the USDA promulgates a on the States, on the relationship Government Paperwork Elimination Act revised final roadless area conservation between the national government and Compliance rule [to which the agency originally the States, or on the distribution of The Forest Service is committed to sought public comments in the July 10, power and responsibilities among the compliance with the Government 2001, advance notice of proposed various levels of government. Based on Paperwork Elimination Act, which rulemaking (66 FR 35918)], this subpart comments received on this proposed requires Government agencies to does not apply to road construction, rule, the Department will consider if provide the public the option of reconstruction, or the cutting, sale, or any additional consultation will be submitting information or transacting removal of timber in inventoried needed with State and local business electronically to the maximum roadless areas in the Tongass National governments prior to adopting a final extent possible. Forest. rule. * * * * * Moreover, this proposed rule does not List of Subjects in 36 CFR Part 294 Dated: July 2, 2003. have tribal implications as defined by National Forests, Navigation (air), Executive Order 13175, Consultation Recreation and recreation areas, Joel D. Holtrop, and Coordination with Indian Tribal Wilderness areas. Acting Chief. Governments. However, Forest Service Therefore, for the reasons set forth in [FR Doc. 03–17420 Filed 7–14–03; 8:45 am] line officers in the field have been asked the preamble, the Department of BILLING CODE 3410–11–P

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Part III

Federal Trade Commission 16 CFR Part 460 Labeling and Advertising of Home Insulation: Trade Regulation Rule; Proposed Rule

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FEDERAL TRADE COMMISSION would like to submit oral views should a. Traditional Reflective Insulations submit their request to the address b. Radiant Barrier Products 16 CFR Part 460 noted in this section. To encourage 6. Additional Laboratory Procedures for Testing Loose-Fill Insulations prompt and efficient review and E. Other Disclosure Issues Labeling and Advertising of Home dissemination of the comments to the Insulation: Trade Regulation Rule 1. Disclosures on Labels and Fact Sheets public, all comments should also be a. ‘‘What You Should Know About R-values’’ AGENCY: Federal Trade Commission. submitted, if possible, in electronic b. Disclosures for Batt, Blanket, and ACTION: Notice of proposed rulemaking. form. Comments or requests in Boardstock Insulations electronic form should be sent, if c. Required Disclosures for Loose-fill SUMMARY: The Federal Trade possible, to: [email protected]. The Insulations Commission (‘‘Commission’’ or ‘‘we’’) Commission will make this document i. R-value Disclosures proposes to amend its Trade Regulation and, to the extent possible, all ii. Initial Installed Thickness iii. Additional Loose-Fill Insulation Rule Concerning the Labeling and comments received in electronic form in d. Disclosures for Urea-based Foam Advertising of Home Insulation (‘‘R- response to this document, available to Insulations value Rule’’ or ‘‘Rule’’) to streamline the public through the Internet at the 2. Disclosures in Advertising and Other and increase the benefits of the Rule to following address: www.ftc.gov. Promotional Materials consumers and sellers, minimize its FOR FURTHER INFORMATION CONTACT: a. Disclosures Required costs, and respond to the development Hampton Newsome, (202) 326–2889, b. Advertising on Radio (and Television) and utilization of new technologies to Division of Enforcement, Bureau of c. Initial Installed Thickness make American homes more energy 3. Disclosures by Installers or New Home Consumer Protection, Federal Trade Sellers efficient and less costly to heat and cool. Commission, 600 Pennsylvania Avenue, a. Fact Sheets This document provides background on N.W., Washington, DC 20580. b. Attic Cards and Certifications, and Attic the R-value Rule and this proceeding; SUPPLEMENTARY INFORMATION: Rulers proposes amendments to recognize 4. Disclosures by Retailers technological advances in R-value Table of Contents F. Minor Corrections and Amendments to testing and specimen preparation I. Introduction Update References ASTM Standards procedures, and to clarify, streamline, II. Overview of the Rule VI. Rulemaking Procedures and improve the Rule’s requirements; A. Products Covered VII. Requests for Public Hearings B. Parties Covered VIII. Regulatory Flexibility Act and discusses public comments C. Basis for the Rule IX. Paperwork Reduction Act received by the Commission and solicits D. Requirements of the Rule X. Additional Information for Interested further comments on the proposed III. Procedural History Persons amendments and additional issues. A. The 1995 Initial Regulatory Review (‘‘the XI. Invitation to Comment and Questions for DATES: Written comments must be 1995 Notice’’) Comment submitted on or before September 22, B. The 1996 Notice of Continuing Need and XII. Proposed Rule Language Technical Amendments (‘‘the 1996 2003. Because written comments appear Notice’’) I. Introduction adequate to present the views of all C. The 1999 Advanced Notice of Proposed The R-value Rule specifies interested parties, neither a public Rulemaking (‘‘the ANPR’’) substantiation and disclosure workshop nor a hearing has been IV. Section-by-Section Description of requirements for thermal insulation scheduled. If interested parties request Proposed Amendments products used in the residential market, the opportunity to present views orally, V. Discussion of Comments and Proposed and prohibits certain claims unless they the Commission will publish a Amendments are true.1 The primary disclosure document in the Federal Register, A. Disclosing Thermal Performance of Additional Products required is the insulation product’s ‘‘R- stating the time and place at which the 1. Residential Pipe and Duct Insulations value.’’ R-value is the recognized hearing or workshop will be held and 2. Non-residential Insulations numerical measure of the ability of an describing the procedures that will be B. Disclosing In-Use Thermal Performance insulation product to restrict the flow of followed. In addition to submitting a Values heat and, therefore, to reduce energy request to present views orally, 1. Performance of Insulations in Actual Use costs—the higher the R-value, the better interested parties who wish to appear 2. Performance of Building System the product’s insulating ability. To must submit, on or before September 22, Components That Include Insulation C. Disclosing R-Values That Account for assist consumers, the Rule requires 2003, a written comment or statement Factors Affecting R-Value sellers (including insulation that describes the issues on which the 1. Aging manufacturers, professional installers, party wishes to speak. If there is no a. Cellular Plastics Insulation new home sellers, and retailers) to interest in a hearing or workshop, the b. Reflective Insulations disclose the insulation product’s R- Commission will base its decision on 2. Settling value and related information, before the written rulemaking record. a. Loose-fill and Stabilized Insulations in Attics retail sale, based on uniform, industry- ADDRESSES: Send written comments to b. Loose-fill and Self-Supported Insulations adopted standards.2 This information Secretary, Federal Trade Commission, in Walls Room H–159, 600 Pennsylvania Ave., 3. Density Variations 1 The Commission promulgated the R-value Rule N.W., Washington, D.C. 20580. All 4. Installations in Closed Cavities of Variable on August 29, 1979 under section 18 of the Federal written comments should be captioned Thickness Trade Commission Act (‘‘FTC Act’’), 15 U.S.C. 57a. ‘‘16 CFR Part 460—Labeling and D. Other Testing Requirements The Rule became effective on September 30, 1980. See Final Trade Regulation Rule (‘‘Statement of Advertising of Home Insulation’’ and 1. Accreditation of Testing Laboratories 2. Test Temperature Requirements Basis and Purpose’’ or ‘‘SBP’’), 44 FR 50218 (1979). ‘‘16 CFR Part 460 Request to Testify— 2 a. Mean Temperature Home insulation sellers should be aware that Labeling and Advertising of Home additional Commission rules or guides may also b. Temperature Differential Insulation,’’ respectively. As discussed apply to them. For example, the Commission’s 3. Tolerance Rules concerning Disclosure of Written Consumer in the Dates section of this document, a 4. Use of Current Test Data Product Warranty Terms and Conditions, and the public workshop has not been 5. Determining the Thermal Performance of Pre-sale Availability of Written Warranty Terms, 16 scheduled. However, individuals who Reflective Insulations CFR Parts 701 and 702, specify requirements

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enables consumers to evaluate how well when installed facing an airspace by D. Requirements of the Rule a particular insulation product is likely increasing the thermal resistance of the The Rule requires that manufacturers to perform, to determine whether the airspace by reducing heat transfer by and others who sell home insulation cost of the insulation is justified, and to radiation through it. Within these basic determine and disclose each product’s make meaningful, cost-benefit based categories, home insulation is sold in R-value and related information (e.g., purchasing decisions among competing various types (‘‘type’’ refers to the thickness, coverage area per package) on products. material from which the insulation is package labels and manufacturers’ fact II. Overview of the Rule made, e.g., fiberglass, cellulose, sheets. R-value ratings vary among polyurethane, aluminum foil) and forms different types and forms of home A. Products Covered (‘‘form’’ refers to the physical form of insulations and among products of the The R-value Rule covers all ‘‘home the product, e.g., batt, dry-applied loose- same type and form. The Rule requires insulation products.’’ Under the Rule, fill, spray-applied, boardstock, multi- that R-value claims to consumers about ‘‘insulation’’ is any product mainly used sheet reflective). specific home insulation products be to slow down the flow of heat from a based on uniform R-value test warmer area to a cooler area, for B. Parties Covered procedures that measure thermal example, from the heated inside of a performance under ‘‘steady-state’’ (i.e., The Rule applies to home insulation house to the outside during the winter static) conditions.3 Mass insulation manufacturers, professional installers, through exterior walls, attic, floors over products may be tested under any of the crawl spaces, or basement. ‘‘Home retailers who sell insulation to test methods. The tests on mass insulation’’ includes insulation used in consumers for do-it-yourself insulation products must be conducted all types of residential structures. The installation, and new home sellers on the insulation material alone Rule automatically covers new types or (including sellers of manufactured (excluding any airspace). Reflective forms of insulation marketed for use in housing). It also applies to testing insulation products must be tested the residential market, whether or not laboratories that conduct R-value tests according to either ASTM C 236–89 the Rule specifically refers to them. The for home insulation manufacturers or (1993) or ASTM C 976–90, which can Rule does not cover pipe insulation, or other sellers who use the test results as determine the R-values of insulation any type of duct insulation except for the basis for making R-value claims systems (such as those that include one duct wrap. The Rule does not cover about home insulation products. or more air spaces).4 The tests must be conducted at a mean temperature of 75° insulation products sold for use in C. Basis for the Rule commercial (including industrial) F. buildings. It does not apply to other The Commission issued the R-value When it promulgated the Rule, the products with insulating characteristics, Rule to prohibit, on an industry-wide Commission found that certain factors, such as storm windows or storm doors. basis, specific unfair or deceptive acts or such as aging or settling, affect the Home insulation includes two basic practices. When it issued the Rule, the thermal performance of home insulation categories: ‘‘mass’’ insulations and Commission found that the following products. 44 FR at 50219–20, 50227–28. ‘‘reflective’’ insulations. Mass acts or practices were prevalent in the To ensure that R-value claims take these insulations reduce heat transfer by home insulation industry and were factors into account, the Rule mandates that the required R-value tests for conduction (through the insulation’s deceptive or unfair, in violation of mass), convection (by air movement polyurethane, polyisocyanurate, and section 5 of the FTC Act, 15 U.S.C. 45: within and through the air spaces inside extruded polystyrene insulation (1) sellers had failed to disclose R-value, the insulation’s mass), and radiation. products be conducted on test and caused substantial consumer injury Reflective insulations (primarily specimens that fully reflect the effect of aluminum foil) reduce heat transfer by impeding the ability of consumers to aging, and for loose-fill insulation make informed purchasing decisions; products on test specimens that fully concerning warranties; the Commission’s Guides for (2) the failure to disclose R-values, reflect the effect of settling. the Use of Environmental Marketing Claims, 16 CFR which varied significantly among Specific disclosures must be made: (1) Part 260, address the application of section 5 of the competing home insulation products of by manufacturers on product labels and FTC Act, 15 U.S.C. 45, to environmental advertising the same thickness and price, misled and marketing claims (e.g., claims concerning the manufacturers’ fact sheets; (2) by amount of recycled material a product contains). consumers when they bought insulation professional installers and new home Further, section 5 of the FTC Act declares that on the basis of price or thickness alone, sellers on receipts or contracts; and (3) unfair or deceptive acts or practices are unlawful, (3) sellers had exaggerated R-values, by manufacturers, professional and requires that advertisers and other sellers have a reasonable basis for advertising and other often failing to take into account factors promotional claims before they are disseminated. (e.g., aging, settling) known to reduce 3 Section 460.5 of the Rule requires that the R- See Deception Policy Statement, Letter from the thermal performance; (4) sellers had values of home insulation products be based on one Commission to the Honorable John D. Dingell, failed to inform consumers about the of the test procedures specified in the Rule. Most Chairman, Committee on Energy and Commerce, of the test procedures in the Rule specify American U.S. House of Representatives (Oct. 14, 1983), meaning and importance of R-value; (5) Society for Testing and Materials (ASTM) reprinted in Cliffdale Assocs., Inc., 103 F.T.C. 110 sellers had exaggerated the amount of standards. ASTM reviews and revises each of these (1984); Statement of Policy on the Scope of the savings on fuel bills that consumers procedures periodically. Under section 460.7 of the Consumer Unfairness Jurisdiction, Letter from the Rule, the Commission will accept, but not require, Commission to the Honorable Wendell H. Ford, could expect, and often failed to the use of a revised version of any of these Chairman, Consumer Subcommittee, Committee on disclose that savings will vary standards 90 days after ASTM adopts and publishes Commerce, Science, and Transportation, U.S. depending on the consumer’s particular the revision. The Commission may, however, House of Representatives, and the Honorable John circumstances; and (6) sellers had reopen the rulemaking proceeding during the 90– C. Danforth, Ranking Minority Member, Consumer day period or at any later time to consider whether Subcommittee, Committee on Commerce, Science falsely claimed that consumers would it should require use of the revised procedure or and Transportation, U.S. Senate (Dec. 17, 1980), qualify for tax credits through the reject it under section 460.5 of the Rule. 61 FR at reprinted in International Harvester Co., 104 F.T.C. purchase of home insulation, or that 13663. 949 (1984); and Policy Statement Regarding products had been ‘‘certified’’ or 4 The R-value of a single-sheet reflective Advertising Substantiation, 49 FR 30999 (1984), insulation product must be tested under ASTM reprinted in Thompson Medical Co., 104 F.T.C. 839 ‘‘favored’’ by federal agencies. 44 FR at E408 or another test method that provides (1984). 50222–24. comparable results.

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installers, and retailers in advertising available and to streamline the Rule.7 61 IV. Section-by-Section Description of and other promotional materials FR 13659, at 13659–62, 13665 (March Proposed Amendments (including those on the Internet) that 28, 1996). The following is a brief summary of contain an R-value, price, thickness, or the amendments the Commission is energy-saving claim, or compare one C. The 1999 Advance Notice of Proposed Rulemaking (‘‘the ANPR’’) proposing for the R-value Rule in type of insulation to another. response to the comments received. Manufacturers and other sellers must In 1999, based on the comments These proposed changes are addressed have a ‘‘reasonable basis’’ for any received in response to the 1995 Notice in more detail in section V of this energy-saving claims they make.5 (that were not otherwise addressed in document. Section V also contains a III. Procedural History the 1996 notice), the Commission detailed discussion of other issues published an Advance Notice of raised in the 1999 ANPR that are not the A. The 1995 Initial Regulatory Review subject of a proposed amendment. (‘‘the 1995 Notice’’) Proposed Rulemaking (64 FR 48024 (Sept. 1, 1999)). In the ANPR, the Section 460.1 (What This regulation On April 6, 1995, as part of its Commission proposed limited does) ongoing regulatory review program, the amendments that were designed to: The Commission proposes to amend Commission solicited public comments clarify the Rule; make disclosure the monetary penalty reference from about the economic impact of and requirements consistent for competing $10,000 to $11,000 to reflect the current current need for the R-value Rule.6 60 types of loose-fill insulation products; requirements of section 1.98 of the FR 17492 (1995). At the same time, the require the most current procedures for Commission’s regulations. This is a Commission solicited comments on a preparing R-value test specimens and technical, conforming change. petition (‘‘Petition’’) from Ronald S. conducting R-value tests; delete Section 460.5(a) (R-value Tests) Graves, who at that time was a Research disclosures for a type of insulation that Staff Member, Materials Analysis no longer is sold; and reduce disclosure Temperature Differential: The Group, Martin Marietta Energy Systems, requirements for retailers. Regarding Commission proposes to amend section Inc. (which operated Oak Ridge those issues, the Commission believed 460.5, R-value Tests, to specify that tests National Laboratory (‘‘ORNL’’) for the that there was sufficient information to conducted under section 460.5(a) must U.S. Department of Energy (‘‘DOE’’)). be done with a temperature differential propose amendments. The Commission The Petition requested that the of 50° F plus or minus 10° F in addition also requested comments on whether to Commission approve an additional to the mean temperature requirement revise the Rule to: cover additional (fifth) ASTM R-value test procedure as currently in the Rule [see section an optional test procedure for products; require the disclosure of in- V.D.2.b. of this document]. determining the R-value of home use performance values (as opposed to Update Test Procedure: The insulation under the Rule. laboratory tests that are conducted Commission proposes to update the under static, uniform conditions); reference for ASTM C 739–91 to reflect B. The 1996 Notice of Continuing Need require the disclosure of the the most recent version of the procedure and Technical Amendments (‘‘the 1996 performance of building systems; adopt (ASTM C 739–97). The reference to Notice’’) additional test specimen preparation ASTM C 236–89 and ASTM C 976–90 Based on the comments in response to requirements for specific types and would be eliminated and replaced with the 1995 Notice, the Commission forms of insulation products to account ASTM C 1363–97, ‘‘Standard Test determined that there was a continuing for various factors that affect R-values; Method for the Thermal Performance of need for the Rule, published its adopt additional or updated testing Building Assemblies by Means of a Hot determination to retain it, and adopted requirements; and change the disclosure Box Apparatus’’ [see section V.F. of this several technical, non-substantive requirements for manufacturers’ labels document]. amendments to support the use of the and fact sheets, advertisements and Section 460.5(a)(1) (R-value Tests) other promotional materials, and for most current testing procedures Aging of Cellular Plastics: Section professional installers, new home 460.5(a)(1) would also be amended 5 Although the Rule does not specify how energy sellers, and retailers. The comments under the proposal to require the use of saving claims must be substantiated, the filed in response to the ANPR are several recent ASTM test procedures to Commission explained that scientifically reliable discussed in depth at section V of this measurements of fuel use in actual houses or take into account the effects of aging on reliable computer models or methods of heat flow document following the brief section- cellular plastics insulation. These test calculations would meet the reasonable basis by-section description of the proposed procedures include ASTM C 578–95, standard. 44 FR at 50233–34. Sellers other than amendments. manufacturers can rely on the manufacturer’s ‘‘Standard Specification for Rigid, claims unless they know or should know that the Cellular Polystyrene Thermal manufacturer does not have a reasonable basis for 7 These amendments: (1) revised section 460.5 of Insulation,’’ ASTM C 1029–96, the claims. the Rule to allow the use of an additional ASTM ‘‘Standard Specification for Spray- 6 The Commission previously reviewed the Rule test procedure as an optional, but not required, test Applied Rigid Cellular Polyurethane in 1985 under the Regulatory Flexibility Act, 5 procedure to determine the R-value of home U.S.C. 610, to determine the economic impact of the insulation; (2) revised section 460.5 to require the Thermal Insulation,’’ and ASTM C 591– Rule on small entities. Based on that review, the use of current, updated versions of other ASTM R- 94, ‘‘Standard Specification for Unfaced Commission determined that: there was a value test methods cited in the Rule; (3) added an Preformed Rigid Cellular continuing need for the Rule; there was no basis to Appendix summarizing the exemptions from conclude that the Rule had a significant impact on Polyisocyanurate Thermal Insulation’’ specific requirements of the Rule that the a substantial number of small entities; there was no [see section V.C.1.a. of this document] Commission previously granted for certain classes basis to conclude that the Rule should be amended to minimize its economic impact on small entities; of persons covered by the Rule; and (4) revised Section 460.5(a)(3) (R-value Tests) the Rule did not generally overlap, duplicate, or section 460.10 of the Rule to cross-reference the Loose-Fill Settling: The Commission conflict with other regulations; and technological, Commission’s enforcement policy statement for economic, and other changes had not affected the foreign language advertising in 16 CFR 14.9 and proposes to amend section 460.5(a)(3) to Rule in any way that would warrant amending the deleted the previous Appendix to the Rule because eliminate the reference to the GSA Rule. 50 FR 13246 (1985). it merely repeated the text of 16 CFR 14.9. specifications for measuring the settling

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of loose fill insulation and insert done at a mean temperature of 75° F, display initial installed thickness language indicating that industry with a temperature differential of 30° F. information determined pursuant to members must take into account the This amendment would eliminate the ASTM C 1374, ‘‘Standard Test Method effects of settling on the product’s R- references to ASTM C 236–89 and for Determination of Installed Thickness value for spray-applied cellulose and ASTM C 976–90 that are currently of Pneumatically Applied Loose-Fill stabilized cellulose [see section V.C.2. of applicable to these products [see section Building Insulation’’ and the blowing this document]. V.D.5.a. of this document]. machine specifications that installers must use for loose-fill products [see Section 460.5(a)(4) (R-value Tests) Section 460.5(d) (R-value Tests) section V.E.1.c. of this document]. Test for Spray-Applied Cellulose Insulation Material With Foil Facings Insulation: The Commission proposes to and Air Space: Section 460.5(d)(1) Section 460.13 (Fact Sheets) add a new paragraph, section would be amended to eliminate Urea-based Foam Insulation: The 460.5(a)(4), which would require that reference to ASTM C 236–89 and ASTM Commission proposes to eliminate the tests for self-supported spray-applied C 976–90 and replace them with ASTM requirements in paragraph (d) of this cellulose be conducted at the settled C 1363–97, ‘‘Standard Test Method for section related to urea-based foam density determined pursuant to ASTM the Thermal Performance of Building insulation [see section V.E.1.d. of this C 1149–97 (‘‘Self-supported Spray Assemblies by Means of a Hot Box document]. Applied Cellulosic Thermal Insulation’’) Apparatus’’ [see section V.D.5.a. of this Section 460.14 (How retailers must [see section V.C.2. of this document]. document]. handle fact sheets) Section 460.5(a)(5) (R-value Tests) Section 460.5(e) (R-value Tests) Retailers Responsibilities for Fact Loose-Fill Initial Installed Thickness: Incorporation by Reference: A new Sheets: The Commission proposes to For loose-fill insulations, the proposed paragraph (e) would be added to amend this section to exempt retailers amendment would require that consolidate information regarding from making fact sheets available to manufacturers determine initial incorporation by reference approvals customers, if they display insulation installed thickness for their product provided by the Office of the Federal packages (containing the same pursuant to ASTM C 1374, Register [see section V.E. of this information required in fact sheets) on ‘‘Determination of Installed Thickness document]. the sales floor where insulation of Pneumatically Applied Loose-Fill customers are likely to notice them [see Section 460.8 Building Insulation,’’ for R-values of 11, section V.E.4. of this document]. 13, 19, 22, 24, 32, and 40 and any other R-Value Tolerances for R-values provided on the product’s label Manufacturers: The Rule’s tolerance Section 460.18 (Insulation ads) and pursuant to § 460.12 [see section provision would be amended to clarify 460.19 (Savings Claims) V.E.1.c.ii. of this document]. that, if you are a manufacturer of home Affirmative Disclosures for Radio insulation, the mean R-value of sampled Ads: The Commission proposes to Section 460.5(b) and Section 460.5(c) specimens of a production lot of eliminate the affirmative disclosure (R-value Tests) insulation you sell must meet or exceed requirements for radio ads in sections These sections applicable to the R-value shown in a label, fact sheet, 460.18 and 460.19 [see section V.E.2.b. aluminum foil systems would be ad, or other promotional material for of this document]. reorganized and amended as follows: that insulation. The Rule also would Advertising for Urea-based Foam Tests for Single Sheet Aluminum Foil prohibit an individual specimen of that Insulation: The Commission proposes to Systems: Section 460.5(c) would be insulation from having an R-value more amend this section to eliminate redesignated as Section 460.5(b) and than 10% below the R-value shown in paragraph (e) in section 460.18, which would be amended to require that single a label, fact sheet, ad, or other addresses urea-based foam insulation sheet systems of aluminum foil be tested promotional material for that insulation [see section V.E.1.d. of this document]. under ASTM C 1371–98 [see section [see section V.D.3. of this document]. V.D.5.a. of this document]. Section 460.23(a) (Other Laws, rules, Test for Multiple Sheet Aluminum Section 460.12 (Labels) and orders) Foil Systems: Section 460.5(b) would be Labels for Batts and Blankets: The The Commission plans to amend moved to Section 460.5(c) and would be Commission proposes to amend the paragraph (a) to correct a typographical amended to indicate that aluminum foil paragraph at § 460.12(b)(1) to indicate error. systems with more than one sheet, and the requirement applies to batts and V. Discussion of Comments and single sheet systems of aluminum foil blankets of any type, not just to those Proposed Amendments that are intended for applications that made of mineral fiber [see section do not meet the conditions specified in V.E.1.b. of this document]. The Commission received 21 the tables in the most recent edition of Loose-Fill Labels: The Commission comments in response to the ANPR.8 the ASHRAE Handbook, must be tested also proposes to amend section 460.12 with ASTM C 1363–97, ‘‘Standard Test to eliminate certain information 8 Adrian D. Troutman, Jr. for TFoil Enterprises (‘‘TFoil’’), (Comment #1); Adrian D. Troutman, Jr. Method for the Thermal Performance of requirements on charts for loose-fill for A&J Insulation Construction (‘‘A&J’’), (2); The Building Assemblies by Means of a Hot cellulose insulation. The proposed Polyisocyanurate Insulation Manufacturers Box Apparatus,’’ in a test panel amendment would instead require Association (‘‘PIMA’’), (3); The Cellulose Insulation constructed according to ASTM C 1224– charts for all forms of loose-fill Manufacturers Association (‘‘CIMA’’), (4); The Insulation Contractors Association of America 99, ‘‘Standard Specification for insulation to show the minimum (‘‘ICAA’’), (5); The Expanded Polystyrene Molders Reflective Insulation for Building thickness, maximum net coverage area, Association (‘‘EPSMA’’), (6); Celotex Corporation Applications,’’ and under the test number of bags per 1,000 square feet, (‘‘Celotex’’), (7); The Foamed Polystyrene Alliance conditions specified in ASTM C 1224– and minimum weight per square foot at (‘‘FPSA’’), (8); The North American Insulation Manufacturers Association (‘‘NAIMA’’) (9); 99. To get the R-value from the results R-values of 11, 13, 19, 22, 24, 32, and Elastizell Corporation of America (‘‘Elastizell’’), of those tests, use the formula specified 40. The amendment also would require (10); Uniwood/Fome-Cor Business Unit of in ASTM C 1224–99. The tests must be the labels for loose-fill insulation to Continued

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Most of these came from industry duct insulation (duct wrap or flex duct) excluded duct insulations other than members, trade associations or should actually be reported to the duct wrap because only duct wrap was consultants, with three comments from consumer.9 used extensively in the residential federal governmental agencies (one from NAIMA supported revising the Rule setting. The Commission explained that, the Department of Energy and two from to cover the newer forms of duct since the original proceeding, the staff its contractor, Oak Ridge National insulation that are now sold to had reviewed consumer advertising for Laboratory). consumers in retail stores and building these products and found no supply outlets. It contended that duct information to indicate that these facts A. Disclosing Thermal Performance of insulations—rigid air ducts, flexible air Additional Products have changed. The Commission ducts, and radiant ‘‘bubble packs’’—are concluded that, unless interested parties 1. Residential Pipe and Duct Insulations promoted through use of R-value claims presented information that sellers are Background and that requiring these products to misrepresenting the thermal comply with the Rule may be achieved performance of these products to In the ANPR, the Commission asked with little additional burden upon the consumers, the Commission would not whether it should amend the Rule to Commission. NAIMA recommended propose extending the Rule to cover cover residential pipe and duct that the Commission require testing of them. 64 FR at 48027. insulations. Currently, the Rule does not duct insulations, including radiant Although DOE and NAIMA cover these types of insulations, but ‘‘bubble packs,’’ under ASTM C 1363 maintained that the use of flexible duct does cover duct wrap. See section 460.2. because it would benefit retail insulation has become much more The Commission stated that unless consumers. If all claims were judged by common in residential applications than interested parties have information that the same method, consumers would it was when the Rule originally was sellers are misrepresenting the thermal have greater confidence in R-value promulgated, no commenters indicated performance of these products to performance and protection against that sellers are misrepresenting the consumers, it would not propose 10 fraudulent claims. thermal performance of pipe or duct extending the Rule to cover them. NAIMA agreed that the Commission insulation products to consumers. In Comments should not apply the Rule to pipe addition, although DOE raised doubt insulations because: (1) pipe products DOE stated that flexible duct, which concerning the basis for the labeled R- are not readily available at retail stores, value of these products, NAIMA includes an integral insulation jacket so consumers do not require protection; and does not require a separate duct indicated that its members base their (2) the nature of pipe insulation makes thermal performance claims for all wrap, has become much more common required disclosures of R-value in residential applications since the residential rigid and flexible duct difficult—for example, R-values for pipe products on ASTM test methods Rule’s inception. DOE maintained that insulations vary with every gradation of this type of duct is often marked with referenced in the Commission’s Rule. pipe size; (3) the assignment of pipe R- The Commission recognizes that an ‘‘Average R-value’’ rating, although, values is based on technical principles according to DOE, the basis for this including these products under the Rule so complex and complicated that the may provide some benefit to consumers. rating is unclear. DOE also pointed out average consumer could not begin to that the Council of American Building Absent evidence of widespread comprehend the nuances differentiating deception, however, it is difficult to Officials (‘‘CABO’’) Model Energy Code the R-value of one pipe insulation from (‘‘MEC’’) and many state codes require conclude that such benefits would be another; and, (4) pipe insulation is not significant enough to support a change an R-value rating for duct insulation. marketed in terms of thermal DOE concluded that, although there to the Rule. Accordingly, the performance. NAIMA maintained, Commission is not proposing may be no evidence that the R-value of moreover, that it was not aware of any duct insulation is being misrepresented, amendments on this issue but seeks misrepresentations of R-values for pipe additional comment including any consumers and inspectors nevertheless insulation in the marketplace.11 need these R-values to be stated in a additional information on industry Without elaboration, Elastizell opposed uniform manner. DOE acknowledged practice for testing and labeling these any change to the Rule in this regard.12 that it is unclear how the R-value on products and the costs new FTC testing Discussion and labeling requirements would International Paper (‘‘Uniwood’’), (11); As explained in the ANPR, the impose in this area. ConsultMort, Inc. (‘‘ConsultMORT’’), (12); AFM Corporation (‘‘AFM’’), (13); Advanced Foil Systems, Commission excluded pipe insulation 2. Non-residential Insulations Inc. (‘‘AFS’’), (14); Carlton Fields for Cellucrete from the original Rule’s coverage based Background Corporation (‘‘Cellucrete’’), (15); Tenneco Building on uncontroverted evidence that it was Products (‘‘Tenneco’’), (16); Therese K. Stovall for used primarily to prevent moisture In the ANPR, the Commission Oak Ridge National Laboratory (‘‘ORNL-1’’), (17); The Polyurethane Foam Alliance (‘‘SPFA’’), (18); condensation on low temperature pipes, indicated that it did not plan to extend The Reflective Insulation Manufacturers rather than energy conservation; that R- the Rule to cover sales to the Association (‘‘RIMA’’), (19); Dan Reicher, Assistant value was not a reliable basis for commercial market. The Commission Secretary for Energy Efficiency and Renewable comparing the performance of pipe did, however, request information about Energy, for the United States Department of Energy (‘‘DOE’’), (20); Therese K. Stovall for Oak Ridge insulations; and that pipe insulations whether sellers in this market are National Laboratory (‘‘ORNL-2’’), (21). The were not commonly advertised in terms misrepresenting the thermal comments are on the public record and are of energy-savings potential. Similarly, it performance of insulation products or available for public inspection in accordance with are engaging in other unfair or deceptive the Freedom of Information Act, 5 U.S.C. 552, and 9 the Commission’s Rules of Practice, 16 CFR 4.11, DOE (20), p. 2; DOE also recommended that the practices. at the Consumer Response Center, Public Reference FTC consider the issue of competitive advantage of Section, Room 130, Federal Trade Commission, 600 installations using duct wrap (which must show an Comments R-value) vs. flex duct (with integral insulation that Pennsylvania Avenue, NW, Washington, D.C. The The Commission received ten comments are organized under the Labeling and is not covered by the Rule). Advertising of Home Insulation Rule (‘‘The R-value 10 NAIMA (9), pp. 6–7, Appendices 8–10. comments regarding the extension of the Rule’’), Matter No. R811001, under the category: 11 Id. p. 7. R-value Rule to insulation products ‘‘ANPR Comments, R-value Rule, 16 CFR Part 460.’’ 12 Elastizell (10), p. 1. used in commercial buildings. PIMA,

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Tenneco, and NAIMA agreed with the could improve the energy efficiency of addressing this issue pointed to ORNL Commission’s preliminary position buildings, and otherwise prove useful. research that demonstrates a reduction stated in the ANPR.13 NAIMA and In addition, commenters have identified in R-value of very low-density fibrous Tenneco maintained that commercial at least one example where sellers of insulations installed in open or vented buyers generally possess greater commercial insulations may be engaged attics when the temperature difference knowledge about products used in the in unfair or deceptive practices. There is between the heated area of a home and regular course of business and are less no indication from the comments, its cold attic becomes particularly great. vulnerable to deceit and confusion. however, that such practices are This can occur during the most severe Tenneco explained that commercial widespread. Furthermore, as discussed winter conditions in some portions of professionals must possess working in the ANPR, thermal insulation the United States. knowledge of thermal properties of purchasing decisions for commercial An ORNL representative explained entire building systems, well beyond building applications are made by that ASTM was developing a method of simple R-values, and that they often rely architects or engineers in many determining the thermal performance of on independent large-scale performance instances. These professionals may attic insulations during winter testing or calculations at specific require R-value and other performance conditions, ASTM C 1373,18 and conditions. Tenneco contended that it information based on circumstances suggested that the Commission would be difficult to craft Rule different from the uniform approach the incorporate it into the Rule when it is provisions that would adequately Commission has determined necessary adopted. As discussed in the ANPR, one address these multiple performance to provide accurate and understandable commenter maintained that several scenarios. PIMA and NAIMA information to individual consumers. factors, in addition to R-values, that are maintained that there is no evidence See discussion at 64 FR at 48027. determined under steady-state that manufacturers have engaged in As several comments suggest, these conditions have a major effect on improper marketing claims to architects and engineers may not always product performance, such as air commercial or industrial audiences. have the information or time necessary permeability and temperature Finally, NAIMA and its members to consider these matters fully. differential. The commenter contended provide educational materials to According to some comments, an that a measurement known as the commercial and industrial customers extension of the Rule would standardize Rayleigh number provides a more that, in their opinion, offer technical and simplify the specification process complete indication of the effect that the detail and comprehensive assessments for these professionals. At the same combination of R-value, air on topics exclusively pertinent to time, however, the Commission permeability, and temperature commercial and industrial interests. recognizes that extending the Rule differential have on insulation materials NAIMA contended that these materials would impose additional compliance under specific conditions, and that it exceed the information the Rule burdens on industry members. Because represents a more accurate measure of requires be given to consumers. professionals in the commercial field insulating capabilities than R-value Seven comments supported extension have greater knowledge compared to alone. This commenter suggested that of the Rule to cover commercial residential customers and the lack of the Commission require the Rayleigh 14 applications. Celotex stated that, evidence indicating unfair and number on packages and promotional while there is no evidence of deceptive practices are prevalent, the materials of insulation products.19 Commission finds that the potential misrepresentation, design professionals The Commission requested comment benefits to commercial users would not rely heavily on manufacturers for on alternatives to steady-state R-values, justify the additional burdens that an information and training, and an and specifically asked that commenters extension of the Rule would impose. extension of the Rule’s coverage would address six areas: (1) specific alternative Accordingly, the Commission is not standardize and simplify the measurements that are available to 15 proposing to extend the Rule to cover specification process for architects. describe the in situ use of home sales to the commercial market. The Information FPSA had gathered suggests insulation products better than the Commission will continue to address a lack of knowledge among architects steady-state R-values required by the concerns in this area as they arise and specifiers about the proper methods Rule; (2) which in situ conditions 16 pursuant to its general authority under for comparing insulation types. Both should be accounted for; (3) whether section five of the FTC Act. Elastizell and Cellucrete, which offered different types or forms of home similar comments, stated that B. Disclosing In-Use Thermal insulation products perform differently competitors had engaged in deceptive Performance Values under specific in situ conditions, and advertising of the thermal performance how significant this different 17 1. Performance of Insulations in Actual of cellular concrete products. performance is under specific Use Discussion circumstances (e.g., how much would Background the difference in performance in actual As discussed in the ANPR, the Commission recognizes that applying In the ANPR, the Commission discussed earlier comments relating to 18 Standard Practice for Determination of Thermal the Rule to thermal insulation products Resistance of Attic Insulation Systems Under used in commercial buildings might seasonal factors and other variables that Simulated Winter Conditions (‘‘ASTM C 1373’’). provide information to purchasers that can affect the R-value of insulation 19 The Rayleigh number is a measure of the products in actual use. 64 FR at 48027. tendency of air to move. In the context of very low density thermal insulations installed on the floor of 13 PIMA (3), pp. 2, 9; Tenneco (16), p. 1; NAIMA Specifically, previous commenters an open attic during very cold periods, the Rayleigh (9), pp. 7–9. identified factors that affect number is a ratio between the buoyant force of 14 EPSMA (6), p. 2; Celotex (7), pp. 1–2; FPSA (8), performance in attics during winter warmer air (the air at the bottom of the insulation p. 2; Elastizell (10), pp.1–4, passim; AFM (13), pp. conditions and factors that affect near the heated interior of the house) attempting to 1–2; Cellucrete (15), pp. 2–4; SPFA (18), p. 1. performance under winter versus move upward and the resistance of the insulation 15 Celotex (7), pp. 1–2. fibers against that upward air movement. The 16 FPSA (8), p. 2. summer conditions and stated that the higher the number, the stronger the buoyant force, 17 Elastizell (10), pp.1–4, passim; Cellucrete (15), Rule does not sufficiently account for and the greater the reduction of the insulation’s pp. 2–4. these factors. Some of the comments steady-state R-value. 64 FR 48028, n. 22 (1999).

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use make on the consumer’s annual fuel authoritative in situ R-values remains a difference. Until the results of such a bill); (4) whether accepted test methods distant possibility, and any attempt to panel are implemented, Uniwood are available to measure in situ explain the myriad of factors would suggested that the Rule require the performance; (5) how the results of in overwhelm consumers and defeat the disclosure of Rayleigh numbers.24 situ performance measurements could purpose behind the Rule’s disclosure Discussion be described in a meaningful manner to requirements.22 consumers; and (6) the benefits and Two commenters supported a change As the Commission explained in the costs to consumers and sellers that to the Rule in this regard. CIMA noted ANPR, the Rule requires that R-values would be associated with the use of the that, for dry-applied loose-fill cellulose be determined according to ASTM test alternatives. 64 FR 48027–29 insulation, large temperature methods that provide R-value (discussion of comments from differentials may in fact increase the measurements under ‘‘steady-state’’ or Greenstone/Tranmer). material’s R-value. It referred to tests ‘‘static’’ laboratory conditions, which do conducted at ORNL on loose-fill not take into account transient Comments fiberglass insulation that showed a 40% environmental factors (like circulation) Two commenters supported no to 50% decrease in R-value in simulated that can affect insulation performance in change to the Rule. PIMA asserted that extremely cold climates, while identical actual use. Past evidence on the there are no test procedures currently tests on dry-applied loose-fill cellulose rulemaking record indicates that, available for in situ applications. It insulation showed that the R-value although environmental conditions may pointed out that ASTM C 236, C 96 and actually increased from R–18 at 40° F to affect the R-value number determined in C 1363 (a new standard that combines R–20.3 at 18°. CIMA maintained that steady-state tests, these conditions will 236 and 976) are lab methods that this difference in performance at cold affect competing home insulation require steady-state conditions and are conditions must be addressed in the products in approximately the same not appropriate for in situ Rule for competitive fairness and to manner. See 64 FR 48027–28. Thus, the measurements. PIMA maintained that, protect consumers in cold climates. To Commission continues to believe that while ASTM C 1041 and C 1046 apply accomplish this, CIMA recommended the ASTM steady-state R-value test to field use, they are used to measure that the Commission expand the Rule to methods permit fair comparisons of heat flux on buildings, complicated cover the airflow resistance of product R-values on a standardized calculations are necessary to extrapolate insulation (determined at the basis and provide consumers with a R-values, and the results are intended insulation’s settled density) as well as reliable, uniform, and comparative basis for use by skilled industry the laboratory-determined R-value. for their purchasing decisions. See practitioners.20 CIMA explained that airflow discussion at 64 FR 48028–29. NAIMA contended that it would be resistance can be determined in the As CIMA asserted, more recent impossible to determine new R-value laboratory by measuring simultaneously information may indicate differences in requirements to take these factors into the pressure difference and airflow rate the performance of various home account and that, in the end, such across a test specimen of known insulation products at very low disclosures would create consumer dimensions. This yields the airflow temperatures. The Commission confusion rather than clarity. NAIMA permeability, which can be used to understands that there are variables for asserted that once results of in situ calculate the Airflow Resistence Index which the uniform test methods performance of many fibrous insulations (‘‘ARI’’), a scale from near zero to specified in the Rule may not account, over a range of temperature conditions approximately 100 that CIMA such as the design characteristics and were analyzed, initial concerns raised maintained could provide a simple way geographical location of the building, by the cold-temperature effects abated for consumers to compare products. the specific application in which the because these temperatures rarely lasted CIMA contended that it is possible to product is installed, outside and inside long enough to result in significant calculate the impact of convection on R- temperatures, air and moisture energy loss or economic cost.21 NAIMA value using published technical movement, installation technique, and also maintained that no one term fully information, and maintained that a others. The Commission believes that explains all aspects of performance. In newly adopted ASTM standard (ASTM any effort to reflect these variables in its view, many consumers would be C 1373) contains a method for the Rule’s requirements would confused by the use of other terms like measuring the effect of free convection significantly complicate both the Rayleigh number, and the on thermal resistance. CIMA compliance and communication to explanations that would be needed if recommended amending the Rule to consumers, without a commensurate other factors were included in the Rule require disclosure of the ARI-value in level of benefit. Accordingly, the would be cumbersome and confusing. labels, fact sheets and ads.23 Commission is not proposing to expand NAIMA explained that, even though Uniwood supported the development the Rule’s requirements at this time to extreme temperature differentials are a of an alternative method of measuring cover variables that might affect potential problem in a limited part of the relative insulating performance insulation performance in actual use. the country, consumers throughout the because, it maintained, the R-value Manufacturers and other sellers, country would be exposed to the alone ignores cost considerations and, however, may provide additional, concern through national marketing as such, is misleading to consumers (a truthful, substantiated information programs. NAIMA echoed PIMA’s goal of the Rule is ‘‘meaningful, cost- voluntarily to consumers about the concern that ASTM C 1363 lacks based purchasing decisions’’). It manner in which their products perform application to a real home setting where suggested that the Commission convene in actual use. For example, if a product conditions are variable and an advisory panel to recommend exhibits increased performance at high unpredictable. NAIMA maintained that, alternative methods that would account temperature differentials and such in light of such variables, the likelihood for all variables, including air performance is not reflected by the of obtaining dependable and permeability and temperature disclosure requirements of the R-value Rule, the manufacturer may provide that 20 PIMA (3), pp. 9–10. 22 NAIMA (9), pp. 9–10. 21 See NAIMA (9), Appendix 14. 23 CIMA (4), pp. 3–6. 24 Uniwood (11), pp. 1–2.

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information voluntarily to consumers as that the Commission address these The current Rule addresses this aging long as the claims are truthful and issues by requiring additional process by requiring that R-value tests substantiated. disclosures. DOE recommended that the be performed on specimens that ‘‘fully Commission adopt the whole wall rating reflect the effect of aging on the 2. Performance of Building System system developed by ORNL.28 product’s R-value.’’ Section 460.5(a)(1) Components That Include Insulation Discussion of the Rule accepts the use of the Background ‘‘accelerated aging’’ procedure in In the ANPR, the Commission sought The Commission continues to believe General Services Administration comments on whether the Rule should that additional research would be (‘‘GSA’’) Purchase Specification HH–I– require disclosure of thermal required to develop the procedures 530A (which was in effect at the time performance values of building system necessary to implement a requirement the Commission promulgated the Rule) components that include insulation. that sellers include in their R-value as a permissible ‘‘safe harbor’’ Such systems generally involve disclosures information about the procedure, but also allows structural insulation panels, which are performance of their products when manufacturers to use ‘‘another reliable building systems products that include used in various types of construction. procedure.’’ See discussion at 44 FR at insulation as a major component. Even if such procedures were 50227–28. The ‘‘accelerated’’ procedure developed, as a practical matter, it was designed to age these insulations in Comments might be very difficult to draft testing a shorter period than they would age Three comments opposed requiring and disclosure requirements that could under normal usage conditions. Under the thermal efficiency testing of take the multiple variables involved into the ‘‘accelerated aging’’ method in the insulation systems. PIMA asserted that account in a manner that would result GSA specification, test specimens are the necessary information is not in a disclosure that would be aged for 90 days at 140° F dry heat. available to include testing meaningful to consumers. In addition, it GSA amended its specification in requirements for these systems in the would be difficult to ensure that the 1982 to allow the use of an optional benefits from such procedures (e.g., Rule. It contended that a great deal of aging procedure (in addition to the better information for consumers) testing and research would be needed to ‘‘accelerated’’ method) under which test outweighed the additional costs that develop the necessary system evaluation specimens are aged for six months (‘‘180 25 would be imposed on industry members methods. EPSMA maintained that it days’’) at 73° F ± 4° F and 50 % ± 5 (e.g., for additional testing and would be difficult to draft testing and percent relative humidity (with air disclosures). See 64 FR 48029–30. disclosure requirements that would be circulation to expose all surfaces to the meaningful to consumers.26 NAIMA Accordingly, the Commission is not proposing to amend the Rule at this surrounding environmental conditions). adamantly opposed requiring disclosure An industry group, the Roof Insulation of the overall thermal efficiency of time to require the disclosure of insulation performance based on testing Committee of the Thermal Insulation building components because in its Manufacturers Association (‘‘RIC/ view, there is no consensus standard or of home insulation products in different types of applications. Manufacturers TIMA’’), specified the use of similar test procedure capable of quantifying conditions in a technical bulletin it the overall thermal performance of and sellers may voluntarily provide additional information about how their adopted at about the same time. In structural insulation panels. NAIMA response to adoption of the alternative maintained that even the manufacturers products perform in actual use, if they substantiate their claims. 180-day aging procedure by GSA and of such products recognize that RIC/TIMA, the Commission’s staff additional research and development C. Disclosing R-Values That Account for advised home insulation sellers that the would be necessary before requiring Factors Affecting R-Value alternative procedure appeared to be such disclosures. NAIMA explained that 1. Aging reliable and could be used to age the performance of these systems is cellular plastics insulations. The staff highly dependent on factors not under a. Cellular Plastics Insulations cautioned, however, that manufacturers the control of the manufacturer, such as Background of insulations faced with materials that air-tightness of joints between the significantly retard aging may need to components and other parts of the Certain types of cellular plastics age test specimens for a longer period of building envelope (like windows and insulations (polyurethane, time, and that the staff would consider doors). In NAIMA’s view, these factors polyisocyanurate, and extruded whether the alternative procedure was are extremely difficult, if not polystyrene boardstock insulations) are acceptable for specific products on a impossible, to quantify in a fair and manufactured in a process that results case-by-case basis.29 easy-to-understand disclosure that in a gas other than normal air being would benefit the general public. incorporated into the voids in the The Commission in the ANPR Finally, NAIMA pointed out that the products. This gives the product an indicated that Dr. Wilkes from ORNL Rule does not prevent manufacturers initial R-value that is higher than it reported that ASTM was developing a from providing additional information would have if it contained normal air. new method of determining the aged R- about their products’ performance due A chemical process, known as aging, value of unfaced cellular plastics board to factors other than R-value.27 causes the R-value of these insulations stock insulations based on R-value tests DOE stated that thermal bridging to decrease over time as the gas is of thin samples sliced from the center of (particularly due to steel studs), other replaced by normal air. 44 FR at 50219– the boards. This test procedure has wall elements (windows, doors, and 20. How long the aging process lasts since been published as ASTM C 1303– corners), and other construction details depends on whether the product is 95. 64 FR at 48031. all have major effects on actual thermal faced or unfaced, the permeability of the performance. The Department suggested facing, how well the facing adheres to 29 See, e.g., staff opinion letter dated May 5, 1983, the product, and other factors. 64 FR to Manville Corporation. GSA thereafter rescinded its specification (along with other insulation 25 PIMA (3), p. 10. 48024 at 48030–31. specifications) and now requires that federally 26 EPSMA (6), p. 3. purchased insulations comply with ASTM 27 NAIMA (9), p. 10. 28 DOE (20), p.2. insulation material specifications.

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Comments product and stated that only a limited insulations, emphasizing that the test The comments highlighted the number of testing labs perform the test. method itself indicates that its precision differences of opinion about the PIMA asserted that the reason for this and accuracy are not yet established, appropriate test procedure to account high test cost is the level of detail and pointing out that its reproducibility for the aging of cellular plastics. In large required in C 1303 to provide technical is not yet understood. In addition, part, the primary issue was whether the measurements of blowing agent Tenneco contended that the test does Commission should amend the Rule to diffusion coefficients and the damaged not accurately reflect long-term aging include a relatively new standard, surface layer caused by slicing. because it does not account for the effect PIMA did, however, recommend that ASTM C 1303–95 (‘‘Estimating the of skin surface or facings and fails to the Commission adopt C 1289 (for faced Long-Term Change in the Thermal account for the fact that gas diffusion is rigid cellular polyisocyanurate board); C Resistance of Unfaced Rigid Closed Cell multi-dimensional. Speaking as a 1029 (for extruded polystyrene); and C member of the ASTM C 1303 Task Plastic Foams by Slicing and Scaling 591 (for polyurethane). PIMA Group, Tenneco maintained that the Under Controlled Laboratory maintained that, for products ‘‘with standard was intended primarily to Conditions’’). Comments also addressed relatively non-permeable facings,’’ the estimate R-values of core material for the need for the Commission to adopt Rule’s current aging procedures are purposes of new product development, additional test procedures for the adequate. PIMA also suggested that and stated that concern was expressed measurement of other materials. expanded polystyrene insulation during the test’s development that it NAIMA stated that the cellular products should be required to be tested might inappropriately be used as a plastics industry has struggled for many for aging under suitable procedures regulatory tool.34 years over what methodology should be similar to those in ASTM C 578. PIMA ESPMA supported a combination of used to determine the long-term in- stated that, as a general matter, ASTM accelerated aging tests and mandatory service thermal performance of cellular 30 standards should be adopted because disclosures about R-values declining plastics insulations. In NAIMA’s view, they represent the best available significantly with age beyond that none of the available methods has been techniques developed by industry indicated by tests. In its view, an agreeable to all industry sectors. consensus and they take into account accelerated aging test alone does not Because of this lack of agreement, variations in materials and ‘‘fully reflect’’ the effects of aging. NAIMA recommended that the manufacturing as well as the numerous ESPMA pointed out that, according to Commission adopt aging methods factors that can affect the aging RIC/TIMA, tests alone are meant to give already accepted by the majority of process.31 a standard basis for comparison, not to industry representatives and formally ConsultMORTinc also opposed predict long-term R-values accurately. It approved by ASTM: (1) ASTM C 1289 adoption of ASTM C 1303, suggesting also supported exploration and use of for polyisocyanurate; (2) ASTM C 578 that C 518 is an appropriate test for limited aging procedures to predict for extruded polystyrene; and (3) ASTM plastic foams at full product thickness if long-term R-values as well as C 1029 for polyurethane. NAIMA noted, 180–day lab-conditioned (six-month lab requirements for disclosures when however, that there is currently no aged) values are used. ConsultMORTinc accelerated aging procedures are used. acceptable procedure for determining contended that the ASTM C 1303 test EPSMA suggested that an appropriate R- long-term thermal performance of method is only an ‘‘estimate’’ and value aging disclosure can be impermeably faced cellular foam should not be used for appraising accomplished either through qualitative insulations. Until a level playing field performance in actual use, and stated disclosure or quantitative disclosure. can be established, NAIMA that the procedure does not address the For instance, EPSMA suggested that one recommended maintaining and effects of ‘‘manufactured thickness.’’ possible qualitative R-value disclosure reporting R-values based on aging for ConsultMORTinc maintained that its could read: ‘‘The R-value of this the currently accepted 180-day period. own studies demonstrate that thicker insulation has been established using a NAIMA also indicated that, although polyurethane foams are protected from [identify test procedure] accelerated the 180–day value does not in its view gas permeation for one year or more, aging procedure. Because of aging, the provide ‘‘real design’’ (actual which suggests that the C 1303 slicing longer term R-value of this insulation in performance) information, it is a value method is inaccurate for thicker your home may be significantly lower with which the consumer is familiar. foams.32 than the R-value stated.’’35 PIMA generally supported the SPFA supported full product Celotex supported the use of ASTM C adoption of ASTM standards, except C thickness testing at industry-accepted 1303 to predict the effects of aging in 1303. It opposed the incorporation of C 180-day lab-conditioned aging, based on permeable-faced cellular plastics 1303 into the Rule because, in its view, ConsultMORTinc data. It advised (polyisocyanurate and polystyrene) the standard does not address the effect against the improper use of ASTM C blown with a non-air agent, and the use of facings and the test’s precision for 1303, maintaining that the standard of ASTM C 1289 for impermeable-faced cellular plastics was developed on a does not account for the effect of extra boards. Celotex recommended the limited set of samples, in some cases thickness in protecting the product from implementation of a two-year phase-in consisting of experimental products. outside air infiltration, and does not period to allow time for industry PIMA maintained that the standard is account for the fact that spray members to conduct appropriate testing. intended as a laboratory research tool to polyurethane foam is applied in several It contended that the accuracy of the evaluate chemical changes and should layers, or ‘‘lifts,’’ that are surfaced with ASTM C 1303 test is demonstrated by not be used as a test for making R-value denser polymer skin, or for substrate or consistency with the American Society claims under the FTC’s Rule. In covering in roofing applications.33 of Heating, Refrigerating and Air- addition, PIMA contended that the Tenneco opposed adoption of ASTM Conditioning Engineers, Inc. codification of C 1303 would impose on C 1303 for aging foam plastic (‘‘ASHRAE’’) Handbook. In addition, manufacturers a significant additional Celotex stated that it had run multiple testing cost of $25,000–30,000 per 31 PIMA (3), pp. 2–6, 10. 32 ConsultMORTinc (12), pp. 1–2. 34 Tenneco (16), pp. 1–2. 30 NAIMA (9), pp. 10–11. 33 SPFA (18), p. 1. 35 EPSMA (6), pp. 3–6.

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test programs that indicated that ASTM designers and should not be compared of the differences in the two C 1289 is the most reliable aging method to the R-value of competing products approaches.40 for cellular plastic insulation with that do not undergo the aging process. The Commission recognizes the need impermeable facings blown with non-air ORNL contended that, in contrast, C to amend the Rule, when necessary, so agents.36 1303 provides the product’s time- that it reflects testing improvements that FPSA also supported adoption of averaged R-value over the product’s will provide more accurate information ASTM C 1303 for unfaced and lifetime, and accurately credits both the for consumers. The Commission, permeable faced products. FPSA high thermal resistance during early however, does not propose to amend recommended the use of a five-year years of product use and the lower section 460.5(a)(1) of the Rule to require aged value disclosure, which has been values during later years.39 the use of ASTM C 1303 for given serious consideration in Canada. homogeneous, unfaced, rigid closed cell It urged that a substantively comparable Discussion polyurethane, polyisocyanurate, and consensus standard should be adopted In considering amendments to the R- extruded polystyrene insulations. As for faced products. FPSA suggested that value Rule, the Commission, among discussed above, ASTM C 1303 has the Commission retain currently other things, looks to ensure that limited applicability because it only acceptable tests (such as the 180-day consumers receive, wherever possible, applies to unfaced, homogeneous value) for comparison purposes. It also the most accurate, dependable material. If the FTC adopted this pointed out that ASTM C 591 is information that is reasonably available procedure, it is likely very similar outdated and reflects the current FTC for residential insulation products. products (e.g., insulation boards with guideline for long-term aging. FPSA also Generally, the Rule requires the use of paper facing) would continue to be noted that expanded polystyrene certain standards to ensure that industry tested under the older approach (the products are not subject to aging. members take into account factors such ‘‘180-day’’ accelerated aging test). The Finally, FPSA maintained that the 180- as aging or settling that can affect the R- Commission is reluctant to incorporate day value is not an accurate reflection value of material. Even if there are no the C 1303 procedure into the Rule at of long-term aging of polyisocyanurate standards for a particular home this time because it is unclear whether products, although it is acceptable for insulation product, that product is still it is sufficiently broad and adequately polystyrene because of the different covered by the Rule and manufacturers developed to warrant its incorporation aging curves pertaining to the two and sellers must use a reliable method as a legal requirement for all products.37 that will provide a reasonable basis for manufacturers of cellular plastic ORNL and DOE supported the their R-value claims. If the method used insulation. adoption of ASTM C 1303 because, is unreliable and their claims are thus Nevertheless, the Commission is according to ORNL, it represents a clear, unsubstantiated, they could be subject interested in seeking comments on this specific, industry consensus standard to enforcement action by the evolving issue and may reconsider its for unfaced foam products, to the Commission. The Commission does not views if warranted by the comments. exclusion of the unspecific ‘‘or another develop the technical standards for The Commission seeks comment on reliable procedure’’ the Rule now determining the R-value for various whether the new standards (ASTM C allows. Alternative methods are types of residential insulations. Instead, 1303 and Canadian S 770) are inadequate according to ORNL, because it generally looks to those tests that are sufficiently developed to be imposed on it contends the elevated temperature considered to be reasonable by industry all industry members as a legal method, which is not correlated to members, academicians, government requirement in the R-value Rule. In results in normal use, and the 180-day experts, and others in the technical particular, the Commission requests method ignores long-term aging that community. more information regarding the scope of occurs in all but the thinnest products. The comments discussed above applicability of C 1303 (e.g., for faced ORNL supported direct aging of suggest industry concerns that the and unfaced boards) and likely changes impermeable-faced foam products incorporation of new consensus to the procedures in the future. In because, it maintained, no satisfactory standards may create a real or perceived addition, the Commission also requests aging method exists, and tests show that disadvantage for manufacturers of comment on whether the differences in some products age at the same rate as certain types of insulation. For example, results achieved by C 1303 as compared unfaced products while others show there is disagreement regarding the to the current procedure (180-day test) little aging.38 application of ASTM C 1303 to are significant at smaller board ORNL also indicated, in a late insulation subject to the effects of aging. thicknesses and whether such comment filed in response to statements Some critics of the standard emphasize thicknesses are prevalent in the made in other comments regarding the the relatively narrow scope of the test, residential insulation market. The C 1303 test and the thickness of while others maintain that it should not Commission also would appreciate specimens, that the C 1303 test had been be incorporated into the Rule at all. In information about the expected impact revised and significantly improved. contrast, those who endorse the that the use of this procedure would ORNL challenged the assertion that C standard believe it would improve the have on consumer buying decisions. 1303 cannot account for foam products accuracy of the R-values calculated for If the comments provide new and of different thicknesses. According to the products. There is also a Canadian significant information clearly ORNL, variation in aging behavior with standard (Can/ULC–S 770 ‘‘Standard for indicating that ASTM C 1303 should be foam thickness is the very basis for the Determination of Long Term Thermal incorporated into the Rule, the test procedure’s methodology. ORNL Resistance of Closed Cell Thermal Commission may consider amending also argued that the 180-day full- Insulating Foams’’) that is designed to the Rule to require use of C 1303 (or thickness R-value fails to provide account for the effects of aging on the R- perhaps S 770) for those products necessary information to building value of cellular plastic insulation. Work is ongoing to improve both ASTM 40 See Stovall et al., ‘‘A Comparison of Accelerated Aging Test Protocols for Cellular Foam 36 Celotex (7), p. 2. C 1303 and S 770 and reconcile some Insulation,’’ in Insulation Materials: Testing and 37 FPSA (8), pp. 2–6. Applications: 4th Volume, ASTM International 38 ORNL–1 (17), p. 1; USDOE (20), p. 1. 39 ORNL–2 (21), pp. 1–2. (2002).

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covered by the test procedure.41 It is emissivity and R-value ‘‘using samples requires testing for corrosion. RIMA likely that such an amendment would that fully reflect the effect of aging’’ on maintained that dust was not a great displace the 180-day test that is the product’s emissivity and R-value. In concern for foil because, pursuant to C generally used currently for such particular, the Commission raised 1224, these materials are installed in products. Accordingly, commenters concerns about the effects of the closed-cell cavities regardless of who oppose the incorporation of C 1303 accumulation of dust or corrosion on orientation, thus preventing or into the Rule and believe that the 180- the foil. Because the claims for all types minimizing dust.46 day test is adequate should submit their of home insulation products should take Discussion views to the Commission. into account factors that affect the Although the Commission is not products’ thermal performance, the The Commission recognizes that the proposing to incorporate ASTM C 1303 ANPR invited comment on whether accumulation of dust or corrosion on into the Rule at this time, it is proposing dusting or corrosion of reflective foil can be significant enough to affect to amend the Rule to require that other insulations in actual applications is a performance. However, as RIMA types of polyurethane, problem resulting in lower R-values pointed out, the degree to which polyisocyanurate, and extruded than claimed, on the extent of any performance is affected will depend on polystyrene insulation be aged using, degradation of R-value, and on how the the foil’s application. As a general where appropriate, ASTM C 1029–96 effect of dusting or corrosion on R-value matter, reflective insulations installed in (‘‘Standard Specification for Spray- could most accurately be determined. locations that collect dust or experience Applied Rigid Cellular Polyurethane surface contamination will have a Comments Thermal Insulation’’), ASTM C 591–94 decreasing benefit over time. Claims for (‘‘Unfaced Preformed Rigid Cellular Several comments suggested that the all types of home insulation products Polyisocyanurate Thermal Insulation’’), collection of dust on foil can should take into account factors that and ASTM C 578–95 (‘‘Standard significantly decrease the material’s affect the products’ thermal Specification for Rigid, Cellular thermal performance. NAIMA performance. Accordingly, while the Polystyrene Thermal Insulation’’).42 For maintained that evidence supports that Commission does not believe an all other polyurethane, dusting and corrosion on reflective amendment to the Rule is warranted, it polyisocyanurate, and extruded insulations have a detrimental effect on notes that manufacturers should always polystyrene insulation subject to aging the product’s R-value. NAIMA stated take into account factors that affect their but not specifically covered by one of that a satisfactory test method for products’ thermal performance when the procedures listed above, industry determining the R-value of reflective making performance claims for foil members must use the procedure in insulation must be able to account for products, especially when there is a paragraph 4.6.4 of GSA Specification the debilitating effect of dust and reasonable expectation that the products HH–I–530A or another reliable corrosion on the performance capacity will be installed in locations associated procedure. The Commission seeks of the insulation.43 According to with significant dust accumulation. The comment on whether the incorporation NAIMA, DOE’s Radiant Barrier Attic same holds true for any effects that of these procedures into the Rule would Fact Sheet (June 1991) reported corrosion may have on the long-term be appropriate and whether these laboratory measurements verifying that performance of reflective insulations. dust on the surface of aluminum foil procedures raise the same or similar 2. Settling types of concerns associated with ASTM increases the product’s emissivity and C 1303 as discussed above. decreases its reflectivity. NAIMA stated a. Loose-Fill and Stabilized Insulations that DOE concluded that dust or other in Attics b. Reflective Insulations particles on the exposed surface of a In the original rulemaking proceeding, Background radiant barrier will reduce its the Commission determined that all dry- effectiveness and, therefore, reflective applied loose-fill insulation products In the ANPR, the Commission insulations installed in locations that discussed whether the Rule should tend to settle after being installed in collect dust or other surface open (or unconfined) areas such as require that reflective (aluminum foil) contaminant will have a decreasing insulation products be tested for attics. Settling reduces the product’s benefit over time. NAIMA asserted that thickness, increases its density, and when DOE monitored reflective 41 The text of such an amendment would appear affects its total R-value. The amount of in section 460.5(a)(1) of the Rule and would likely insulations installed in a dusty attic, settling depends on several factors, read: ‘‘For polyurethane, polyisocyanurate, and DOE observed that 50% of the including the raw materials and extruded polystyrene, the tests must be done on insulation’s effectiveness dissipated manufacturing process used, and the samples that fully reflect the effect of aging on the after the first year of installation.44 product’s R-value. To measure the effect of aging for installer’s application techniques unfaced homogeneous rigid closed cell plastic According to NAIMA, DOE’s findings (which affect the insulation’s initial 45 foams, follow the procedure in ASTM C 1303–95 have been repeated in other studies. thickness and density). 44 FR at 50228. (‘‘Estimating the Long-Term Change in the Thermal RIMA contended that foil is not To ensure that claims made to Resistance of Unfaced Rigid Closed Cell Plastic subject to significant aging due to consumers are based on long-term Foams by Slicing and Scaling Under Controlled corrosion because it oxidizes naturally, Laboratory Conditions’’).’’ The Commission may thickness and density after settling, also consider adopting Can/ULC-S 770 in lieu of C providing corrosion protection. RIMA section 460.5(a)(2) of the Rule requires 1303. asserted furthermore that ASTM C 1224 that the R-value of each dry-applied 42 The Commission is not proposing to require (‘‘Standard Specification for Reflective loose-fill home insulation product be ASTM C 1289 (‘‘Faced Rigid Cellular Insulation for Building Applications’’) determined at its ‘‘settled density.’’ The Polyisocyanurate Thermal Insulation Board’’) as suggested by some commenters. The current version Rule requires that manufacturers of dry- of this test procedure, ASTM C 1289–02, requires 43 NAIMA (9), pp.11–12. AFS echoed NAIMA’s applied loose-fill cellulose insulation for the use of the Canadian test procedure for aging (S concerns, contending that dust can create emittance attic applications test and disclose the problems for foil in laid down, face-up attic 770) which appears in C 1289 as an annex. Because R-value (as well as coverage area and the Commission has decided not to include C 1303 applications, but not in face-down applications. (or S 770) in the Rule at this time, the Commission AFS (14), p. 1. related information) at the long-term, is not going to require the same or equivalent aging 44 Id. at Appendix 15. procedure through C 1289. 45 Id. at Appendix 16. 46 RIMA (19), p. 1.

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settled density determined according to Insulation’’) required by the Rule for according to ASTM C 687 for all types paragraph 8 of ASTM C 739–91, loose-fill cellulose. NAIMA urged the of loose-fill insulations. This standard commonly referred to as the ‘‘Blower Commission to revise the Rule to practice is already required for loose-fill Cyclone Shaker’’ (‘‘BCS’’) test.47 require use of sample preparation cellulose insulation through the Because a consensus-based test techniques, stabilization times, and requirements in ASTM C 739 (currently procedure had not been adopted for guidance on gauging the specimen’s required by the Rule). It is unclear determining the long-term, settled density in the test area according to whether the application of this density of dry-applied loose-fill ASTM C 687 for all types of loose-fill technique would significantly improve mineral-fiber insulation for this type of insulations, pointing out that ASTM C the accuracy of R-value claims for other application, the Rule only requires that 739 already requires cellulose insulation loose-fill materials. The Commission R-values be based on long-term manufacturers to conduct testing as does propose, however, to update the thickness and density after settling, and prescribed in C 687. NAIMA also current reference to the ASTM C 739 in does not specify how to determine a recommended that the Commission section 460.5(a)(2) to reflect the most specimen’s density.48 require, on dry-applied loose-fill current version (1997). The Commission Since the Commission promulgated cellulose bags, an installed thickness also proposes to address the issue of the Rule, new forms of loose-fill home column that reflects the magnitude of installed thickness as suggested by insulation products have been settling and loss of thickness that can be NAIMA (see § V.E.1.c.ii. of this introduced for use in attic applications, expected.50 It cited a Swedish long-term document). including ‘‘stabilized’’ cellulose. study that showed average settling of Although the Rule requires ‘‘Stabilized’’ cellulose refers to a form of 16% to 21% of loose-fill insulation in manufacturers of dry-applied loose-fill loose-fill cellulose insulation that attics in two test houses studied for up cellulose to determine the R-value and contains a glue binder and is applied on to seven years.51 The study documented coverage at the settled density attic floors with a small amount of that certain variations in cellulose determined according to the BCS liquid. Application of the insulation material directly affect settling. The procedure, manufacturers who can with the glue binder and liquid study suggested that cardboard based demonstrate that the BCS procedure is purportedly results in lower-density cellulose seems to settle more than inappropriate for their products can cellulose insulations that do not settle newsprint and that the degree of petition the Commission for an like dry-applied loose-fill cellulose grinding also affects settling. The study exemption that would allow them to insulations. The Rule does not currently also suggested that humidity variations, determine the settled density of their specify a procedure for determining the density, and vibration affected settling. products according to a more long-term, settled density of stabilized CIMA contended that the BCS test appropriate method. See 64 FR 48033. cellulose insulation. In addition, was promulgated about 20 years ago and ii. Dry-Applied Loose-Fill Mineral Fiber questions have been raised regarding the is probably no longer appropriate for in Site-Built Attics settling of loose-fill insulations in the determining the settled density of dry- walls of site-built housing and in both applied loose-fill insulation. CIMA Section 460.5(a)(2) of the Rule the attics and walls of manufactured stated that current studies of actual specifies the procedures to be used in housing. 64 FR 48032. installations indicate that settlement of determining the settled density only for loose-fill cellulose insulation is cellulosic, and not mineral fiber, i. Dry-applied Loose-fill Cellulose in insulation products. When the Site-Built 49 Attics. typically between 12% and 20% in residential applications, while the BCS Commission promulgated the Rule in Comments on Dry-applied, Loose-fill test results suggest a settlement of 30% 1979, it expected that GSA soon would Cellulose Insulations for Use in Site- or more. By specifying a test that adopt a specific test procedure for Built Home Attics significantly overstates cellulose determining the settled density of dry- Two commenters addressed the issue settlement, the Rule, in CIMA’s view, applied loose-fill mineral fiber of dry-applied loose-fill cellulose in places dry-applied loose-fill cellulose insulation products. 44 FR at 50228, attics. NAIMA supported the current insulation at a competitive disadvantage 50239 n.239. GSA did not do so, and design density test (ASTM C 739–91) (compared to fiberglass) that may result now accepts the use of ASTM standards, (‘‘Standard Specification for Cellulosic in an annual loss of 50 million dollars which do not specify procedures for Fiber (Wood-Base) Loose-Fill Thermal in revenues to cellulose insulation determining the settled density of dry- manufacturers.52 applied loose-fill mineral fiber 47 Standard Specification for Cellulosic Fiber insulations. Reports of studies (Wood-Base) Loose-Fill Thermal Insulation (‘‘ASTM Discussion of Dry Applied Loose conducted by Oak Ridge National C 739–91’’). Cellulose in Site-Built Attics Laboratory during the 1980s 48 When the Commission promulgated the Rule, In the absence of an accepted demonstrate that certain loose-fill GSA had proposed adopting a settled density test procedure for loose-fill mineral fiber insulation alternative to the test procedures in mineral fiber insulation products can products similar to the one it had adopted for loose- ASTM C 739, the Commission is settle following installation, resulting in fill cellulose insulation products. Mineral fiber reluctant to amend the Rule to eliminate a reduction of R-value. The results manufacturers contended, however, that they took differed in the amount of settling and settling into account in their coverage charts, and the established BCS test. Moreover, the that if their insulations were installed according to Commission does not believe that the effect of settling on the R-values of their coverage charts, consumers would receive the further prescriptive requirements, as the specific insulation products studied, R-values they claimed. The Commission imposed a suggested by NAIMA, are warranted and depending on the type of mineral fiber general requirement that R-values of dry-applied insulations studied (fiberglass versus loose-fill mineral fiber insulations be based on tests is thus not proposing the use of sample that take the adverse effects of settling into account, preparation techniques, stabilization rock wool products) due to differences but did not specify how the settled density was to times, and guidance on gauging the in density. 64 FR at 48033. be determined. 44 FR at 50228. GSA never adopted specimen’s density in the test area The Commission indicated in the a procedure for determining the settled density of ANPR that it would be preferable to mineral fiber insulations. See 64 FR 48032, n.46 (1999). 50 NAIMA (9), pp. 12–13. specify a uniform procedure for 49 The term ‘‘site-built’’ differentiates attics in 51 Id., Appendix 17. determining the long-term, settled manufactured housing. 52 CIMA (4), p. 3. density of dry-applied loose-fill mineral

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fiber insulation products, and solicited that would require that all dry-applied and for the R-value claims they make to comments for this purpose. The loose-fill insulation be subjected to the consumers. 64 FR 48033. Commission specifically requested any ASTM C 739–97 test for settled Comments on Stabilized Cellulose data that demonstrate whether any of density.55 Insulations for Use in Site-Built Home the following, currently available test Discussion of Dry-applied, Loose-fill Attics procedures, or others, would produce accurate and reliable, long-term settled Mineral Fiber Insulations for Use in The Commission received one density results for mineral fiber Site-Built Home Attics comment, from NAIMA, on the issue of insulation products in attic The Commission recognizes that there stabilized cellulose insulations. NAIMA applications: the BCS test procedure in is no consensus standard currently stated that there is little information on ASTM C 739–91 (which currently is available to measure the settling of long-term thermal effectiveness and required for dry-applied, loose-fill loose-fill mineral fiber insulations for overall performance of wet-spray cellulose insulation products); the use in site-built attics. In addition, on its cellulose insulations, that no material ‘‘Canadian drop box procedure,’’ which face, ASTM C 739 applies to cellulosic specification exists to cover this GSA previously proposed for loose-fill fiber only. Thus, it would seem product, and that there is no standard mineral fiber insulations under Federal inappropriate for the Rule to require the protocol for determining appropriate Specification HH-I–1030B;53 the British application of that test procedure to test density for labeling purposes. Standard Vibration Test; and the loose-fill mineral fiber insulation. The NAIMA reported that ongoing work on procedure developed in Scandinavia by Commission emphasizes that industry a proposed specification has relied on a Dr. Svennerstedt. Id. members must have a reasonable basis drop box method under fixed laboratory for their R-value claims that takes into conditions, but, in NAIMA’s view, data Comments on Dry-applied, Loose-fill has not been presented suggesting at Mineral Fiber Insulations for Use in account the effects of settling. In addition, the Commission proposes to what level of settlement a product is Site-Built Home Attics considered to be stabilized. amend the Rule to eliminate the NAIMA commented that field NAIMA further contended that the reference to the GSA procedure because, measurements of the thickness of loose- tests do not necessarily represent the as discussed earlier, it is no longer fill mineral fiber insulation in open- material in actual field installations. applicable. The Commission seeks blown attic applications show little or NAIMA indicated that the product’s further comments on this issue, no settling. For example, according to settling and shrinkage varies with including whether it would be NAIMA, the Mineral Insulation temperature and humidity and that data appropriate to apply the test procedure Manufacturers Association (‘‘MIMA’’) supports significant shrinkage at in ASTM C 739–97 to mineral fiber. concluded, with ORNL concurring, that elevated temperatures and increased tests demonstrated that settling of loose- iii. Stabilized Cellulose in Site-Built moisture levels. It is very difficult, in fill mineral fiber in attics is a minor Attics NAIMA’s opinion, to maintain factor in the final installed R-value consistent density due to variations in delivered to the customer when the In the ANPR, the Commission the amount of water used when the thickness and amount of material acknowledged that, due to the manner product is installed, noting that many required by the bag label is installed. in which stabilized cellulose insulation contractors say that they have no clear For insulation installed at or above label is installed, the BCS test procedure may guidelines on drying of wet-spray density and thickness, the calculated not be appropriate for determining its cellulose. This is particularly significant final R-values of loose-fill mineral fiber long-term, settled density. 64 FR at in new construction where the wet products were always at or above the 48033–34. The Commission did not spray insulation may not dry ‘‘before the labeled R-value. NAIMA contended agree with NAIMA, however, that the building is completed and the attic is that, because these materials do not procedure for determining density in closed up.’’ NAIMA also stated that it settle significantly, no predictive ASTM C 1149 is the appropriate was not aware of any testing conducted settling method has been validated for measure of the long-term, settled by the cellulose industry to provide these products. NAIMA argued that density of stabilized cellulose consumers and installers with useful identical tests should not be required for insulations installed in attic information and guidance on drying both cellulose and mineral fiber because applications. The Commission times. It advised the Commission, in such an approach would yield explained that ASTM C 1149 is light of what it characterized as ‘‘this meaningless results from duplicate tests designed for insulations that are sprayed serious variable threatening to degrade on distinctly different substances, and onto walls, and able to support the settled density of the cellulose would not create an even playing themselves as applied. Such insulations insulation,’’ to require each field.54 are most often applied to metal walls in manufacturer to provide consumers and CIMA commented that, because there commercial buildings, where they are customers with reliable guidelines to is no specific test for determining the left exposed. The Commission stated ensure that the insulation has dried settled densities of dry-applied loose-fill that when ASTM, or others, adopt a before construction is completed. mineral fiber insulation, such materials specific method for determining the NAIMA contended that this measure is may have labeled densities that are long-term density of stabilized cellulose particularly crucial because there is no lower than actual settled densities, insulation for attic applications the approved test method for determining thereby depriving consumers of the Commission will consider whether to settled density. Pending the amount of insulation they think they are require its use. The Commission development of an accepted standard purchasing. According to CIMA, recent reminded manufacturers that, in the protocol (which it maintained the independent third-party testing meantime, under section 5 of the FTC Commission should then require), confirms that this is the case. CIMA Act, they must have a reasonable basis NAIMA urged the Commission to recommended specific Rule language for the density at which they conduct require producers of stabilized cellulose the R-value tests required by the Rule to disclose to consumers and installers 53 See 44 FR at 50228, 50239 n.239. settlement and shrinkage data as a 54 NAIMA (9), pp. 1–14. 55 CIMA (4), p. 3. function of moisture application levels

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and provide a recommended Development Code and require over-the- incorporation into the R-value Rule in temperature to guide installers in proper road testing for all insulations installed this context. application.56 in attics of manufactured homes. b. Loose-Fill and Self-Supported NAIMA doubted the accuracy of current Discussion of Stabilized Insulations for Insulations in Walls methods used by the cellulose industry Use in Site-Built Home Attics to judge the amount of settling of The ANPR explained that dry-applied Because there is no consensus stabilized cellulose in attics of loose-fill insulations and spray-applied, standard to apply to the testing of manufactured homes. NAIMA explained self-supported insulations can be stabilized cellulose, the Commission that the point of testing is the installed in walls in residential does not plan to prescribe one in the manufactured housing plant, before the applications. Dry-applied loose-fill Rule. The Commission is proposing, fully constructed home is transported insulations normally can only be however, to amend the Rule to clarify via truck or train to its final destination, applied in existing wall cavities that industry members must take and that the disturbances inherent in (primarily in retrofit applications). If settling into account in making their R- such transportation tend to alter the they are not sufficiently compressed value claims for stabilized insulation. level of the cellulose, and thus its R- during installation, these insulations The Commission notes that industry value. may settle when blown into a confined members must have a reasonable basis According to NAIMA, rock wool and area, such as an enclosed wall cavity, for their claims. It is generally accepted slag wool manufacturers rely for their leaving a gap at the top of the wall that some settling occurs with these claims on independently conducted cavity. Manufacturers who claim an R- value for a dry-applied loose-fill materials. Even though there is no third-party-witnessed over-the-road insulation must disclose the R-value at consensus standard for measuring it, evaluations designed to measure the the applied density, determined manufacturers must take settling into impact of the effects of transportation on according to the R-value test procedures account and use reliable tests to back up installed rock wool and slag wool specified in the Rule. The Rule, their claims. Finally, the Commission insulations. NAIMA contended that however, does not specify how notes that if there is information, such cellulose manufacturers did not conduct manufacturers must determine that as drying times, that are important to such over-the-road tests until 1997, density in wall applications because the proper installation of the material in when HUD required them to do so. there was no standard procedure for question, manufacturers should disclose NAIMA stated that, although CIMA has measuring the applied density for all that information. The Commission seeks been working with HUD to resolve the comment on this issue. product in that context when the issue, NAIMA cannot find evidence that Commission promulgated the Rule. iv. Loose-fill and Stabilized Insulations CIMA and its members have rectified Self-supported, spray-applied Used in Manufactured Housing Attics the alleged deficiencies in their testing insulations, mixed with water and The Commission’s ANPR also asked approach to HUD’s satisfaction. adhesives, are installed pneumatically whether the procedures currently used Accordingly, in NAIMA’s view, the on-site by professional installers. They to determine the settled density of dry- durability of thermal performance may be made of either cellulose or applied loose-fill insulations or claims of stabilized cellulose in mineral fiber. When applied, this form stabilized insulations when they are manufacturing home attics remains of insulation requires no support other 57 used in attics of site-built homes, are unsubstantiated. than the insulation itself or the substrate appropriate for determining their settled Discussion of Dry-applied Loose-fill and to which it is attached. These products density when they are used in attics of Stabilized Insulations for Use in most often are used in walls in manufactured housing. At issue is Manufactured Housing Attics commercial applications, where they whether these insulations, which are may be left exposed after they are installed in attic assemblies in a factory The Commission does not propose to installed. They are rarely used in and then transported to the site where amend the Rule to address the particular residences, primarily because this the manufactured home will be located, settling issues associated with loose-fill application requires the use of more settle more, or differently, from those and stabilized insulation in insulation material for a given thickness used in site-built homes because of manufactured housing attics because, at (i.e., the insulation is installed at a additional vibrations and other factors this time, no industry consensus higher density and cost), often without during transportation. The Commission procedure exists. Nevertheless, the any increase in total R-value, and solicited comments regarding the extent Commission reminds industry members sometimes at a reduced R-value. They of settling of dry-applied loose-fill that they must substantiate their are not used in attics because of their insulations and stabilized insulations product performance claims. additional weight and cost. Because when they are used in attics of Accordingly, all manufacturers of loose- these products are applied at a greater manufactured housing, the density at fill and stabilized insulation in density than either dry-applied loose-fill which the R-value of these insulations manufactured housing attics must take or stabilized insulations, they are not should be determined for use in attics into account, as accurately as possible, likely to settle. of manufactured housing, and how that any significant effects associated with The Commission explained that, density should be determined. 64 FR at transporting units from the although self-supported, spray applied 48033–34. manufacturing plant to the home site. insulation was not discussed during the The Commission’s staff is aware that original rulemaking proceeding and the Comments on Dry-applied Loose-fill HUD has raised issues concerning these Rule does not specify how R-value test and Stabilized Insulations for Use in materials with industry members as part specimens must be prepared, it is Manufactured Housing Attics of that agency’s regulatory program for covered by the Rule if it is sold for use NAIMA urged the Commission to manufactured housing. No specific HUD in the residential market. Because the adopt testing guidelines similar to the code or standard has been identified density at which these insulations are Department of Housing and Urban that would be appropriate for applied affects their R-values, the Commission’s staff has advised industry 56 NAIMA (9), pp. 14–16. 57 NAIMA (9), pp. 16–17. members that they should prepare test

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specimens according to the Comments on Self-Supported Insulation Discussion regarding the Use of Loose- manufacturer’s installation instructions, in Walls fill Insulations and Self-supported using equipment, materials, and Insulations in Wall Cavities of procedures representative of the manner NAIMA encouraged an amendment to Manufactured Housing in which the insulation is applied in the the Rule that would require the field. In the ANPR, the Commission preparation of R-value test specimens of As indicated in the ANPR (64 FR at indicated that the procedures in self-supported spray cellulose according 48035), industry members have raised paragraph 5.1 of ASTM C 1149 (‘‘Self- to ASTM C 1149–97. NAIMA questions regarding the current Supported Spray Applied Cellulosic maintained that this standard provides procedures for determining the settled 59 Thermal Insulation’’) appear to be adequate test specimen procedures. density of dry-applied loose-fill insulations or self-supported insulations appropriate for preparing R-value test Discussion of Self-Supported Insulation when they are used in wall cavities of specimens of self-supported, spray- in Walls applied cellulose insulation products. site-built homes. At issue is whether the The Commission proposed to amend the For self-supported spray-applied settling of these insulations, which are Rule to incorporate this test and cellulose insulation, the Commission installed in wall assemblies in a factory solicited comments on the proposal. 64 proposes to amend the Rule to require and then transported to the site where FR at 48034. the use of ASTM C 1149–97. The the manufactured home will be located, procedures in paragraph 5.1 of ASTM C settle more, or differently, than those Comments on Loose-Fill Insulations in 1149–97, which require that R-value test used in site-built homes because of Walls specimens be prepared using the additional vibrations and other factors NAIMA suggested that the Rule manufacturer’s recommended during transportation. Because no require manufacturers to demonstrate equipment and procedures and at the comments addressed this issue, the that their products do not settle in wall manufacturer’s maximum recommended Commission is not proposing any installations or to disclose the amount thickness, appear to be appropriate amendments to the Rule in this regard. procedures for preparing R-value test of any expected settling on Fact Sheets 3. Density Variations along with wall coverage charts similar specimens of self-supported, spray- to those required for attic installations. applied cellulose insulation products. The ANPR asked whether the Rule NAIMA recommended that wall The Commission solicits comment should require R-value testing of loose- coverage charts require R-values, regarding the accuracy and reliability of fill insulations at each thickness coverages, bag counts, and area weights this procedure, how to define the claimed in order to take into account the at standard wall cavity depths for at products to which the procedures apply, density variations that may occur with least 2x4 and 2x6 framing. and whether the same procedures (or variations in thickness. 64 FR at 48035. Acknowledging that no validated test others) should be required for other NAIMA recommended that the types of spray-applied insulations (e.g., method exists to predict the settling of Commission revise the Rule to require mineral fiber insulations) that are used loose-fill insulations, NAIMA manufacturers to consider density in residential applications. If comments nevertheless maintained that settling in variations in preparing coverage indicate that this product is rarely used walls is more critical than settling in charts.61 However, without specific data in the residential market, the attics because settling in walls creates to demonstrate whether or how much Commission will reconsider the need uninsulated voids at the top of wall the density of particular types of loose- for a specific requirement. The cavities, while settling in attics does not fill varies with differences in thickness, Commission also proposes to indicate create uninsulated areas. NAIMA the Commission does not believe that that manufacturers must take into claimed that wall insulation settling of changes to the Rule on this issue would account the settling of self-supported 5% can reduce overall wall R-value by be appropriate. For this issue, the insulation in determining the R-value of 15%.58 Commission is not proposing any their products. The Commission amendments to the Rule. Discussion of Loose-fill Insulation in accordingly seeks comments regarding Walls the extent to which this insulation is 4. Installations in Closed Cavities of used in the residential market. If the Variable Thickness The Commission understands that material is not used widely in the specific requirements for determining residential market, the Commission The ANPR asked whether the Rule the appropriate density for the R-value requests views on whether it is should specify how to determine and test specimen and for disclosures on necessary to amend the Rule to disclose R-values for insulation coverage charts for applications in specifically address this product. installed in cavities of variable enclosed wall cavities may provide thickness and density (e.g., in In the ANPR, the Commission also some benefits to consumers. However, manufactured housing attics). 64 FR at proposed the incorporation of a portion there does not appear to be any 48035. NAIMA opposed a change to the of HUD UM–80 into the Rule.60 The generally accepted procedure to Rule because it would unnecessarily HUD bulletin has not been reviewed or determine the density of dry-applied confuse this issue, and venture into amended since its publication in 1979. loose-fill insulations when it is installed system performance and building To avoid any confusion that may result in enclosed wall cavities. Accordingly, design.62 No other significant comments from requiring two procedures, the at this time, the Commission is not were received on this issue. Commission does not propose to require proposing an amendment to the Rule in Accordingly, the Commission is not HUD UM–80. this regard, but reminds manufacturers proposing any amendments to the Rule to be careful and cautious about their 59 regarding this issue. claims for loose-fill insulation in walls. Id. 60 U.S. Department of Housing and Urban Development Materials Bulletin No. 80 (‘‘HUD UM- 61 NAIMA (9), p. 18. 58 NAIMA (9), p. 17. 80’’), dated October 31, 1979. 62 Id.

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D. Other Testing Requirements Comments require the use of specific sampling procedures. 64 FR at 48037–38. 1. Accreditation of Testing Laboratories PIMA, FPSA, and NAIMA supported the adoption of a differential of 50° F Comments The ANPR solicited comments on plus or minus 10 degrees for tests at a whether the Rule should require mean temperature of 75° for all NAIMA supported amending the accreditation of testing laboratories that products, as specified in ASTM C tolerance provision of the Rule to clarify are used to substantiate R-value and 1058.65 The Commission did not receive that manufacturers are the only parties related claims. 64 FR at 48035–36. The any comments opposing such a change. responsible for complying with the Commission received no comments in Rule’s 10% tolerance provision.66 PIMA support of such a change, and the Discussion indicated that the tolerance provision is Commission has decided not to propose The Commission proposes to amend well understood and that altering it any amendments to the Rule regarding the Rule at section 460.5(a) to require could cause confusion.67 T-Foil urged this issue. that tests be conducted with a that the Commission eliminate the tolerance provision entirely because it 2. Test Temperature Requirements temperature differential of 50° F plus or minus 10° F. The Rule would continue misleads consumers.68 a. Mean Temperature to require a mean temperature of 75° F. Other commenters, however, The ANPR asked whether the Rule The Commission believes that this supported changes to the Rule to should require a mean test temperature amendment will help to ensure provide greater specificity for of other than 75° F for R-value tests. One comparability of R-value claims for determining compliance with the 10% commenter suggested that all products competing home insulations. The tolerance limit. Celotex, for example, be tested with the cold side at 25° and thermal properties of a specimen may suggested a requirement that the hot side at 75°.63 Five other change both with mean temperature and manufacturers design products to meet commenters, however, opposed any with the temperature difference across 100% of claimed R-value for each change to the Rule’s mean temperature the test specimen. Data and information thickness marketed.69 NAIMA requirement.64 NAIMA stated that the at standard temperatures are important contended that the suggested wording in current requirement reflects the most for valid comparison of thermal the ANPR offers clarity,70 and would be appropriate mean temperature for properties. The Commission solicits likely to prevent misinterpretation of comparison purposes. As explained in comment on this proposal, including the 10% tolerance. NAIMA the ANPR, the 75° F mean temperature whether the proposed amendment recommended adopting language that requirement is an appropriate uniform generally is consistent with current captures the following concepts: ‘‘The standard. 64 FR at 48036–37. The industry practice. product must always be produced to the Commission believes that there is no label R-value. The R-value for any four 3. Tolerance compelling need to change the current randomly selected samples shall not be requirement, and is not proposing any Background more than 5 percent below the listed R- value nor shall any single specimen be amendments to the Rule regarding this In the ANPR, the Commission more than 10 percent below the listed issue. proposed to clarify that the 10% R-value.’’71 According to NAIMA, this tolerance provision in section 460.8 b. Temperature Differential clarification would be consistent with applies primarily to claims made by ASTM C 665 and C 764, and would Background manufacturers and not to other sellers or benefit consumers because there would The current Rule does not require the installers who rely on R-value data be no room for misinterpretation of the use of a specific temperature differential provided by the manufacturer. The 10% tolerance. In NAIMA’s view, this (i.e., the difference in temperature tolerance provision states that the actual approach also presents a greater between the hot and cold surface during R-value of any insulation sold to probability that the product would be testing) in conducting the test consumers cannot be more than 10 produced to the labeled R-value, and it procedures dictated by section 460.5(a). percent below the R-value shown on a would impose no burden on consumers The ANPR indicated that if evidence label, fact sheet, ad, or other or sellers. demonstrates that different test promotional material for the product. On the issue of sampling procedures, temperature differentials affect R-value The Commission solicited comments on most commenters did not support results, then it may be appropriate to whether and how it should propose amending the Rule. PIMA argued that consider specifying a test temperature amending the tolerance provision, and current manufacturer sampling and differential in the Rule to ensure the the benefits and burdens such an quality control procedures are sufficient comparability of R-value claims for amendment would confer on consumers and that changes to the Rule are competing home insulation products. and insulation sellers. In addition, the unnecessary because manufacturers The Commission, therefore, solicited Commission sought comments on continuously test new and existing comments on whether, to what extent, whether manufacturers currently use products for R-value because it is the and for what types and forms of sampling procedures that do not result insulation variations in the test in the selection of test specimens that are representative of ongoing 66 PIMA (3), p. 12. and NAIMA (9), p. 20. temperature differential affect R-value 67 production; on which specific PIMA (3), p. 12. results; and what specific test 68 T-Foil (1), p. 1. temperature differential(s) the procedures are available for use in 69 Celotex (7), p. 3. Commission should impose for tests sampling from continuing production 70 We assume that NAIMA refers to language conducted according to each of the R- (or how sampling procedures designed suggested by DOW and quoted in the ANPR (64 FR value test procedures cited in the Rule. for specific lots could be used to select at 48037): ‘‘The mean R-value of sampled samples from continuing production); specimens of a production lot must meet or exceed 64 FR at 48037. the R-value shown in a label, fact sheet, ad or other and on whether the Commission should promotional material. No individual specimen can 63 Troutman/T-Foil (1). have an R-value more than 10% below the claimed 64 PIMA (3), p.11; FPSA (8), p.7; Elastizell (10), 65 PIMA (3), pp. 11–12, FPSA (8), p. 7, and R-value.’’ pp. 3–4; Tenneco (16), p.2; and NAIMA (9), p.19. NAIMA (9), pp. 19–20. 71 NAIMA (9), p. 20.

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most important property of insulation.72 The Commission also proposes to compliance with the 10% R-value Celotex argued that a change in the Rule amend section 460.8 of the Rule to tolerance. NAIMA stated that some of its would be burdensome to manufacturers. require that the mean R-value of members measure their products’ Instead, it recommended that the sampled specimens of a production lot thermal resistance on a daily basis, Commission require that sampling meet or exceed the R-value shown in a while others check this attribute techniques ‘‘used to determine the label, fact sheet, ad or other promotional monthly. NAIMA contended that this Design R-value for an insulation must material for that insulation. For the type of testing should be conducted determine the average Design R-value purposes of this amendment, the term regularly as part of a company’s quality- for a full-size board unit.’’73 FPSA also ‘‘production lot’’ means a definite control procedure. According to did not support the addition of quantity of the product manufactured NAIMA, the three-year test record sampling procedures to the Rule.74 under uniform conditions of retention period is sufficient. NAIMA NAIMA agreed that no amendment to production. In addition, under the further maintained that, when a the Rule is warranted for sampling amendment, no individual specimen of manufacturer makes a significant procedures. NAIMA stated that that insulation may have an R-value change in a product, the product should manufacturers generally test R-value more than 10% below the R-value undergo testing, and then the three-year every shift in the production process, shown in a label, fact sheet, ad, or other cycle should begin again. NAIMA and that this is certainly ‘‘representative promotional material for that insulation. suggested that the Rule require thermal of ongoing production,’’ so no specific The Commission believes that this testing at least annually for all 77 sampling procedures should be change would clarify existing insulations covered by the Rule. required.75 requirements and foster consistency in Discussion T-Foil recommended that the the application of the tolerance provision. While this procedure appears The ANPR noted that the Commission Commission establish a complaint originally considered, but rejected, a center for ASTM testing errors to to be generally consistent with current industry practice and thus would not staff recommendation to require prevent companies from ‘‘shopping’’ manufacturers to repeat their R-value different labs for test results. T-Foil also impose a significant burden, the Commission seeks comments regarding substantiation tests every 60 days recommended a disclosure on labels because no single retesting frequency stating that actual values may differ up the impact that the amendment may cause. would be appropriate for all to 10% from the stated value, and manufacturers, regardless of the type specifying whether testing was done for The Commission is not proposing a specific sampling procedure. There does and amount of insulation they market. summer or winter use (i.e., direction of 64 FR at 48038. Instead, the heat).76 not seem to be any clear indication to suggest that manufacturers’ Commission crafted the Rule to rely on Discussion implementation of the tolerance a tolerance limit provision as the provision results in the selection of test governing quality control mechanism, The Commission proposes to amend specimens that are not representative of specifying 10% as the acceptable range § 460.8 of the Rule to clarify that the ongoing production. The Commission of deviation, and requiring tolerance limit applies to manufacturers believes that continued flexibility in manufacturers to institute in-plant and the manufacturing process (not to that area is appropriate. quality control procedures to stay installation). The Rule will continue to within that tolerance. The Rule requires require that professional installers and 4. Use of Current Test Data manufacturers to conduct a new R-value new home sellers apply loose-fill Background test on each new home insulation insulations according to the product, and to disclose the R-value manufacturer’s installation instructions. The ANPR considered whether (and related information) of each new It also will continue to allow them to current conditions would justify a product based on the new test. 64 FR at rely on the accuracy of the requirement for a more specific retesting 48038. The Commission does not manufacturer’s R-value and installation quality control mechanism. In this believe that existing practices justify the instructions, unless they have reason to regard, the Commission solicited imposition of a new requirement for a believe that the instructions are comments on how often manufacturers specific retesting schedule. There is not inaccurate or not based on the proper test their insulation products, how enough information available to suggest tests. By specifying that the tolerance much the R-value of current production that this issue constitutes a significant provision applies to manufacturers, the varies (for example, whether the R-value problem that warrants a new amendment would clarify that the of the insulation being produced is requirement in the Rule. Accordingly, tolerance is not intended to allow consistently below the R-value claimed the Commission is not proposing a Rule installers or new home sellers to deviate and previously determined, even if it is amendment in this area. from the manufacturer’s installation within the Rule’s 10% tolerance), how instructions. For instance, the 10% frequently manufacturers change their 5. Determining the Thermal tolerance provision does not apply to products, whether they retest products Performance of Reflective Insulations the thickness at which loose-fill that have changed, and what retesting a. Traditional Reflective Insulations schedule would be most appropriate to insulation is installed. Under the Background current Rule, loose-fill insulation must ensure the accuracy of R-value claims be installed at a settled thickness equal made to consumers. There are two basic forms of reflective insulation products in the residential to or greater than the minimum settled Comments thickness specified by the manufacturer. market: (1) traditional single-sheet and NAIMA opposed adding requirements multi-sheet reflective insulations; and 72 PIMA (3), pp. 12–13. to the Rule related to test data. NAIMA (2) single-sheet radiant barrier reflective 73 Celotex (7), p. 3. maintained that, as a matter of practice, insulations. Traditional reflective 74 FPSA (8), pp. 6–7. manufacturers should test their insulation products normally are 75 NAIMA (9), p. 20. products much more frequently than 76 T-Foil (1), pp. 5–6. every two or three years to insure 77 NAIMA (9), pp. 20–21.

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installed in closed cavities, such as PIMA supported the Commission’s ‘‘Standard Specification for Reflective walls. Sections 460.5(b), (c), and (d) of proposal for determining the R-value of Insulation for Building Applications,’’ the Rule require that manufacturers of multi-sheet reflective insulations.80 AFS and under the test conditions specified traditional reflective insulation products pointed out that ASTM C 1363, ‘‘Test in ASTM C 1224–99. To get the R-value use specific test procedures to Method for Thermal Performance of from the results of those tests, the determine the R-values of their Building Assemblies by Means of a Hot amendment would require the use of the products, and that manufacturers and Box Apparatus’’ has replaced C 236, C formula specified in ASTM C 1224–99. other sellers disclose R-values to 976, C 177, and C 518 mentioned The tests must be done at a mean consumers for specific applications. 64 currently in C 1224.81 NAIMA further temperature of 75° F , with a FR at 48038–39. Section 460.5(c) of the explained that ASTM C 1363 was temperature differential of 30° F. Rule requires the use of ASTM E 408 for developed to combine the requirements Finally, the Commission plans to single sheet systems. For reflective of ASTM C 236 and C 976 into a amend section 460.5(d)(1) to insert a systems with more than one sheet, common test procedure. NAIMA reference to ASTM C 1363–97, section 460.5(b) requires ASTM C 236 indicated that any test apparatus ‘‘Standard Test Method for the Thermal and ASTM C 976. meeting the existing C 236 and C 976 Performance of Building Assemblies by A relatively new ASTM procedure standards could meet the new standard. Means of a Hot Box,’’ in place of ASTM (ASTM C 1371–97, ‘‘Determination of NAIMA also stated that ASTM C 1363 C 236–89 (Reapproved 1993), ‘‘Standard Emittance of Materials Near Room includes information from the Test Method for Steady-State Thermal Temperature Using Portable applicable International Organization Performance of Building Assemblies by Emissometers’’) can be used to measure for Standardization (‘‘ISO’’) standard so Means of a Guarded Hot Box,’’ and that conforming to ASTM C 1363 also ASTM C 976–90, ‘‘Standard Test the emissivity (i.e., its power to radiate 82 heat) of single-sheet reflective conforms to the ISO Hot Box standard. Method for Steady-State Thermal insulations. The ANPR solicited Discussion Performance of Building Assemblies by comments on this and other tests for Means of a Calibrated Hot Box.’’ To reflect new procedures as The Commission believes that these single-sheet products, and asked discussed above, the Commission whether it should require industry changes are appropriate because they proposes to amend the Rule to account for recent improvements in the members to measure the emissivity by reorganize sections 460.5(b), (c), and (d) only one procedure to ensure that applicable test procedures. The to require in proposed section 460.5(b) Commission solicits comments on this emissivity measurements are accurate that single sheet systems of aluminum and reliable. proposal, particularly on any issues foil (i.e., reflective material) be tested related to the accuracy, reliability, and The Commission indicated that it with ASTM C 1371–98, ‘‘Standard Test consistency of the procedures for planned to amend the Rule to require Method for Determination of Emittance measuring emissivity; the costs of that R-values for traditional multi-sheet of Materials Near Room Temperature conducting the procedures; and whether reflective insulations be tested Using Portable Emissometers’’ or E 408 the Commission should require that according to ASTM C 236–89 (1993) or (as currently required). ASTM C 1371 emissivity be measured by only one ASTM C 976–90 in a test panel tests the emissivity of the foil. To get the procedure to ensure that measurements constructed according to ASTM C 1224– R-value for a specific emissivity level, of emissivity are accurate and reliable. 93, and under the test conditions air space, and direction of heat flow, the specified in ASTM C 1224–93, and that amendment would direct industry b. Radiant Barrier Products the R-values be calculated according to members to use the tables in the most Background the formula specified in ASTM C 1224– recent edition of the American Society 93 from the results of those R-value of Heating, Refrigerating, and Air- Radiant barrier reflective insulations tests. Id. at 48039. Conditioning Engineers’ (‘‘ASHRAE’’) are installed in attics facing the attic’s open airspace. Although they are Comments Handbook, if the product is intended for applications that meet the conditions covered by the Rule, R-value claims are Most of the comments supported the specified in the tables. Industry not appropriate for them because no Commission’s proposed changes. For members would have to use the R-value generally accepted test procedure exists determining single sheet emissivity, for 50° F , with a temperature to determine the R-value of a radiant PIMA supported C 1371 as discussed by differential of 30° F. barrier reflective insulation installed in the Commission and suggested that the In proposed section 460.5(c), the an open attic. Sellers who make energy- Rule incorporate ASTM C 835.78 Commission proposes to state that saving claims for radiant barrier NAIMA stated that ASTM E 408, which aluminum foil systems with more than insulations must nevertheless have a is currently required by the Rule, one sheet, and single sheet systems of reasonable basis for the claims under provides accurate emissivity results, but aluminum foil (i.e., reflective section 460.19(a) of the Rule. recommended that the sample tested insulation) that are intended for The ANPR noted that ASTM had reveal the effect of aging on the applications that do not meet the issued a new standard—ASTM C 1340– product’s emissivity. NAIMA indicated conditions specified in the tables in the 96—for evaluating the thermal that it would not oppose adoption of most recent edition of the ASHRAE performance of low-emittance foils used alternative tests so long as they were as Handbook, must be tested with ASTM C in residential attics to reduce radiative accurate as E 408. It maintained that the 1363–97, ‘‘Standard Test Method for the transport across the attic air space. The proposed tests are necessary because the Thermal Performance of Building Commission solicited comments results reflect the impact of aging, Assemblies by Means of a Hot Box concerning the specific type of dusting, and corrosion.79 Apparatus,’’ in a test panel constructed performance for radiant barrier products according to ASTM C 1224–99, that the standard measures; how the standard may be used to substantiate 78 PIMA (3), p. 7. ‘‘Standard Test Method for Total Hemispherical Emittance of Surfaces From 20 to 80 PIMA (3), p. 7. energy-saving or other performance 1400 Degrees C’’ (ATM C 835–95). 81 AFS (14), p. 1. claims for radiant barrier insulations; 79 NAIMA (9), p. 21. 82 NAIMA (9), pp. 21–22. the types of installations of radiant

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barrier insulations for which the but do yield a performance value that additional factors may create some standard may be used; the accuracy of may aid industry members in confusion with consumers. NAIMA the determinations made under the developing support for their energy- indicated that the current requirements standard; and whether the Commission saving claims (and related performance are understandable to most consumers should require that energy-saving or claims) made about radiant barrier and that manufacturers are free to other performance claims for radiant insulations. The Commission does not supplement required disclosures with barrier insulations be based on the propose any amendments to the Rule on additional fact sheets and materials. standard. 64 FR at 48039–40. this subject. The Commission understands that there are additional disclosures that Comments 6. Additional Laboratory Procedures for could be added to fact sheets; however, NAIMA asserted that the elusive Testing Loose-Fill Insulations we are not convinced that the additional quality of radiant barrier insulation’s The Rule currently specifies only the burdens imposed by new disclosure varying characteristics makes assigning basic R-value test procedures and test requirements would be outweighed by an R-value rating nearly impossible. specimen preparation procedures for increased consumer benefits. 64 FR at NAIMA stated that tests conducted at certain products that are necessary to 48041. Thus, the Commission is not DOE and other labs demonstrate an account for factors that can significantly proposing any amendments to the Rule ability to predict certain energy savings affect R-value results (e.g., aging, regarding this issue. only when no variables interfere with settling). The ANPR asked whether b. Disclosures for Batt, Blanket, and the product’s performance. there is a need to specify in more detail Boardstock Insulations Unfortunately, according to NAIMA, the the laboratory procedures that should be DOE study shows that the product is followed in preparing test specimens Background vulnerable to numerous factors that can and conducting R-value test procedures. Subsections 460.12(b)(1) and (b)(4) of diminish its effectiveness. NAIMA The Commission explained that ASTM the Rule require manufacturers to label contended that no single protocol or C 687 (‘‘Standard Practice for all packages of ‘‘mineral fiber batts and method currently exists that is capable Determination of Thermal Resistance of blankets’’ and all board stock of consistently rating the thermal Loose-Fill Building Insulation’’) is a insulations with a chart showing the R- performance of radiant barrier detailed standard practice, rather than a value, length, width, thickness, and insulations. It maintained that, until test procedure, and that it specifies square feet of insulation in the package, such a test becomes available, the procedures to be followed in testing a and section 460.13(c)(1) requires that Commission should prohibit thermal variety of loose-fill insulations for use in they include the chart on the performance claims for these products. non-enclosed applications. The manufacturer fact sheets. As indicated NAIMA argued that such a restriction Commission considered it unnecessary in the ANPR, NAIMA recommended may provide an incentive for radiant to require adherence to more detailed amending section 460.12(b)(1) to apply barrier producers to develop the standard practice or standard guide to all batt and blanket insulation standard needed for supporting thermal specifications, such as ASTM C 687. products by deleting the reference to performance claims.83 The Commission did not receive any ‘‘mineral fiber.’’ NAIMA asserted that RIMA opposed adoption of ASTM C comments in response to the ANPR batts and blankets made of other 1340–96. RIMA contended that, while supporting a requirement for detailed materials, such as cotton, other the standard is a useful tool and a good laboratory operating procedures for cellulosic materials, and plastic fiber, starting point for calculating savings these insulations. Accordingly, the have been introduced into the from radiant barriers, it does not Commission is not proposing any marketplace and that the Rule should account for the presence of air amendments to the Rule. specify labeling requirements for these conditioning ducts in attics, which can new batt and blanket products. 64 FR at E. Other Disclosure Issues significantly affect heat gain and overall 48041. savings. Without being specific, RIMA 1. Disclosures on Labels and Fact Sheets suggested that the Commission consider Comments other programs that are more a. ‘‘What You Should Know About R- In its ANPR comments, NAIMA comprehensive in energy-saving values’’ reiterated its view indicating, among determinations.84 The ANPR sought comment on other things, that there is no valid whether the Rule should require argument to exempt any particular type Discussion disclosure in fact sheets of additional or of batt or blanket.88 PIMA also The Commission continues to find different information for consumers to supported deleting the phrase ‘‘mineral that R-value claims are not appropriate consider when purchasing insulation. fiber’’ to ensure that all types of batt/ for radiant barrier reflective insulations Several commenters suggested blanket insulation are consistently because there is no generally accepted additional disclosures on fact sheets, covered.89 test procedure to determine the R-value including noting that R-values may of such insulations installed in an open decrease when insulation material is Discussion attic or elsewhere. Sellers who make installed between structural members The Commission agrees that all types energy-saving claims for radiant barrier (e.g., wall studs, floor joists, etc.),85 of batt and blanket insulations should insulations, however, must have a information regarding the impact of be labeled with the same basic R-value reasonable basis for the claims under long-term aging on material,86 and and coverage area information, and that Section 460.19(a) of the Rule. It should disclosures regarding moisture manufacturers’ fact sheets for these be noted that ASTM C 1340–96 enables content.87 Both PIMA and NAIMA insulation products should include a determination of the heat flux through opposed changes to the Rule in this these disclosures. Section 460.12(b) an attic containing a radiant barrier. The regard. PIMA stated that the inclusion of refers to ‘‘mineral fiber’’ batts and results do not provide an R-value rating, blankets because, when the Rule was 85 Troutman/T-Foil, (1). 83 NAIMA (9), p. 22. 86 FPSA (8), pp. 7–8. 88 NAIMA (9), p. 23. 84 RIMA (19), p. 1. 87 DOE (20), p.1. 89 PIMA (3), p. 7.

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promulgated, the batt and blanket insulations. To install an adequate Commission believes that there no insulation products being sold in the amount of insulation, professional longer is any justification for these residential market were mineral fiber installers must calculate the number of different disclosures, and accordingly insulation products, primarily square feet to be insulated and install proposes to amend sections 460.12(a)(2) fiberglass. The Commission, therefore, the number of bags indicated on the and (3) to require the same coverage proposes deleting the phrase ‘‘mineral manufacturer’s coverage chart that are charts for all types of loose-fill fiber’’ from section 460.12(b)(1) to necessary for the desired R-value insulation at R-values of 11, 13, 19, 22, clarify that the coverage chart disclosure (commonly referred to as the ‘‘bag 24, 32, and 40. The Commission solicits requirement applies to all types of batt count’’). comments on this proposal, including and blanket insulations, and solicits In the ANPR, the Commission comments addressing any additional comments on this proposal. indicated that there is no longer any compliance costs associated with the The ANPR discussion of ‘‘Disclosures justification for requiring different proposed change. for Batt, Blanket, and Boardstock disclosures for different types of loose- Insulations’’ included two other issues fill insulations for application in attics ii. ‘‘Initial Installed Thickness’’ regarding whether the Rule should or other open areas, and proposed a Background require: (1) manufacturers to mark single set of disclosure requirements for For loose-fill insulations, the Rule unfaced batt/blanket insulations with R- all types. The Commission solicited requires: (1) that each manufacturer value and require installers to apply the comments regarding this proposal, determine the R-value of its home products so the marking is visible for including the total R-values for which it post-installation inspections; and (2) would be most appropriate to require insulation product at settled density and disclosure, for batt/blanket and the disclosures, and whether the same construct coverage charts showing the boardstock insulations, of ‘‘nominal disclosures should apply to both dry- minimum settled thickness, minimum thickness’’ instead of ‘‘thickness’’ applied loose-fill insulations and weight per square foot, and coverage (which implies exact thickness). The stabilized insulations. area per bag for various total R-values; Commission continues to believe, as and (2) that installers measure the area Comments on R-value Disclosures: explained in the ANPR, that it is not to be covered and install the number of necessary to require manufacturers to The Commission received one bags (and weight of insulation material) mark unfaced batt/blanket insulations comment on this issue. NAIMA fully indicated on the insulation product’s with R-value and require installers to supported requiring manufacturers of all coverage chart for the total R-value apply the products so the marking is loose-fill insulations to disclose desired. These requirements have been visible for post-installation inspections. minimum settled thickness, maximum necessary because the claimed total R- 62 FR 48043. The Commission did not net coverage area, and minimum weight value for a specific dry-applied loose-fill receive any adverse comments on this per square foot at any R-value listed on insulation can be attained only when view. Both NAIMA and PIMA the charts required for their products. the requisite amount of insulation supported an amendment that would NAIMA concurred with the Commission material in both thickness and density require the disclosure of ‘‘nominal that there is no longer a justification for has been installed. thickness’’ for batt/blanket and different disclosure requirements for 91 Comments boardstock insulations instead of different loose-fill insulations. Two commenters addressed the issue ‘‘thickness.’’90 The Commission, Discussion of R-value Disclosures: of ‘‘minimum thickness.’’ The however, does not believe this is needed The Commission continues to believe Insulation Contractors Association of since it is unclear whether such a that it would be appropriate to require America (‘‘ICAA’’) supported an change would provide a significant the same disclosures for all types of amendment requiring a label disclosure benefit to consumers. The Commission loose-fill insulations for application in of minimum initial installed thickness is not proposing any amendments to the attics or other open areas.92 The applicable to all types of loose-fill Rule regarding these issues. insulation, including dry-applied c. Required Disclosures for Loose-fill 91 NAIMA (9), p. 24. mineral fiber. ICAA indicated that a Insulations 92 As explained in the ANPR, the Commission new test method, ASTM C 1374–97 originally prescribed separate disclosure i. R-value Disclosures requirements for loose-fill cellulose insulations and (‘‘Standard Test Method for other types of loose-fill insulations (primarily Determination of Installed Thickness of Background mineral fiber loose-fill insulations) in response to Pneumatically Applied Loose-Fill requests that the Rule, where possible, apply Building Insulation’’) offers a reliable Section 460.12(b) of the Rule requires labeling requirements consistent with GSA’s that labels on loose-fill insulation purchasing specifications. GSA’s specifications at and uniform procedure to determine packages disclose the minimum net that time required that labels for loose-fill cellulose initial installed thickness levels weight of the insulation in the package insulation disclose the number of bags required to (‘‘minimum initially installed cover 1,000 square feet, but did not require this and include a coverage chart disclosing disclosure on labels for loose-fill mineral fiber thickness’’) for each total R-value minimum thickness (after settling), insulation, and it required that the mandatory claimed on the coverage charts for all maximum net coverage area, minimum disclosures be made at different total R-values for loose-fill insulations, including dry- weight per square foot, and, for loose-fill the two types of loose-fill insulations. Consistent applied loose-fill mineral fiber with the GSA specification, section 460.12(b)(2) of cellulose insulation only, number of the Rule requires that the disclosures be made at R- insulations. ICAA contended that this bags per 1,000 square feet for each of values of 11, 19, and 22 for all loose-fill insulation information would help consumers several specified total R-values for except cellulose, and section 460.12(b)(3) requires achieve stated R-values by correct installation in open attics. The Rule the disclosures at R-values of 13, 19, 24, 32, and 40 installation, and allow more accurate for loose-fill cellulose insulation. After the currently specifies different total R- Commission promulgated the Rule, GSA eliminated price comparisons. ICAA maintained values for which the disclosures must its own specifications and now uses ASTM material that some manufacturers voluntarily be made for loose-fill cellulose specifications for determining which insulation include this information now, but that products may be purchased by the federal others do not.93 insulations and other types of loose-fill government (or in connection with programs operated by the federal government). See discussion 90 PIMA (3), p. 13–14 and NAIMA (9), p.24. at 64 FR at 48042. 93 ICAA (5), pp. 3–4.

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NAIMA recommended that the at any given point how many bags have number of bags they have installed or Commission require that dry-applied been loaded into the hopper of the otherwise ensuring they have applied loose-fill cellulose bags include an blowing machine located in the truck the required amount of insulation installed thickness column that reflects outside. This may make it difficult to material. the magnitude of settling and loss of uniformly distribute within the attic the As ICAA indicated in its ANPR thickness that can be expected.94 In requisite number of bags for the job. In comments,96 a relatively new addition, NAIMA strongly opposed addition, ICAA has indicated in past procedure, ASTM C 1374 (‘‘Standard characterizing ‘‘initial installed comments that initial installed Test Method for Determination of thickness’’ or ‘‘guaranteed thickness’’ as thickness information would help Installed Thickness of Pneumatically the only qualities pertinent in prevent their members from installing Applied Loose-Fill Building determining whether the quantity of insulation only to the ‘‘minimum Insulation’’), has been specifically insulation blown in meets or exceeds thickness’’ currently required on developed to aid manufacturers in labeled R-value.95 NAIMA maintained coverage charts. This ‘‘minimum determining an initial installed that, due to inherent variability of the thickness’’ information refers to the thickness for their products. The installation process for loose-fill final settled thickness, not the material’s Commission is now proposing to insulations, the Rule’s present thickness immediately after installation. incorporate this procedure into the Rule requirements for the disclosure of ICAA believes that many installers and is seeking comments on whether minimum thickness should be retained. mistakenly use this information for this procedure will address the concerns In NAIMA’s view, the only practical installation purposes and, as a result, that have been raised about loose-fill way to ensure that the minimum, long- provide inadequate amounts of material. insulation. Specifically, the Commission term thickness and weight per square 64 FR at 48043. In addition, the is proposing to: foot are achieved is to be sure to install Commission recognizes that the Rule’s • Amend section 460.5(b) to add a at least the minimum number of bags bag count provisions require installers new subsection (5) that would require per 1,000 square feet as specified on the to make accurate attic measurements to manufacturers of loose-fill insulation to bag label coverage chart. The number of determine the correct number of bags to determine the initial installed thickness bags per 1,000 square feet is based upon use. It is possible that irregular attic of their product at R-Values of 11, 13, net area, which is the total area minus configurations in many newer homes 19, 24, 32, and 40 using ASTM C 1374– the area covered by framing members have made it more difficult to calculate 97 (‘‘Standard Test Method for and other obstructions, while job size is accurate attic coverage areas. Determination of Installed Thickness of usually figured as total (or gross) area. The Commission recognizes that Pneumatically Applied Loose-Fill Because the net area will always be concerns persist about the installation of Building Insulation’’). smaller than the gross, the number of loose-fill. In some cases, installers fail to • Amend section 460.12 (Labels) to bags per 1,000 square foot of gross area install sufficient insulation either require this initial installed thickness may be reduced slightly, generally 3% because they apply material at the information on product labels. to 8%, from the number on the label. minimum settled thickness by mistake • Amend section 460.5(b) to require NAIMA provides installation guidelines or they simply cheat consumers by manufacturers of loose-fill insulation to for professional installers. Contractors providing inadequate amounts. In other determine the blowing machine who follow these and other instances, some installers adjustments and feed rates necessary to recommended practices deliver to their inappropriately ‘‘fluff’’ their loose fill achieve the initial installed thicknesses customers the appropriate R-value. material by applying it with more air at and indicate such information on the NAIMA also suggested that references a lower density. This practice increases product label. should not be made to R-value for a one- thickness, at least initially, but reduces • Amend section 460.17 to require inch thickness because it would the density and total R-value. Under the installers to comply with the initial encourage consumers to multiply the current process, it is difficult for installed thickness directions on one-inch R-value by the desired number consumers to determine whether the product labels and to use the blowing of inches to attain the total R-value correct insulation amount has been machine adjustments and feed rates throughout the entire space even though installed because they cannot rely on specified by the manufacturer. but R-value per inch is not always the installed thickness alone. Under the proposal, manufacturers constant. Accordingly, the Commission believes would provide initial installed that it is desirable to consider thickness information on labels and fact Discussion approaches that would allow consumers sheets pursuant to sections 460.12 and As discussed in the ANPR (64 FR at to determine, for themselves, whether 460.13. Pursuant to section 460.17, 48044), the ICAA has long taken the adequate insulation has been installed. installers would have to follow the position that the current requirements of Requiring manufacturers to add a initial installed thickness information the Rule make it very difficult for disclosure of ‘‘initial installed on the label to determine whether the installers to ensure that they have thickness’’ to coverage charts would appropriate amount of insulation has installed the correct amount of address many of these problems. been installed. They also would have to insulation. The requirement to use bag In the past, the Commission has follow the manufacturer’s instructions count (i.e., the weight of insulation declined to require initial installed for blowing machine settings. The Rule material installed) as the measure of thickness on labels because there were would continue to require installers to their compliance with the Rule creates no recognized procedures available to show fact sheets to consumers (section complications for the installer. ICAA determine, on a uniform basis, a 460.15) and also provide the consumer contends that the reason for this required initial thickness for all types of with initial installed thickness and R- problem is that the person applying dry-applied loose-fill insulations. In value information for specific jobs loose-fill insulation through a blowing addition, it has been unclear whether (section 460.17). hose in the attic has no way of knowing information about initial installed Under the Rule’s current thickness, alone, would allow installers requirements, it is difficult for 94 NAIMA (9), p. 13. to provide the correct amount of 95 NAIMA (9), pp. 25–26. material without having to count the 96 ICAA (5).

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consumers to verify for themselves that have to use this settling information in packages and require installers to attach the correct amount of insulation has determining the initial installed the tabs to consumer receipts to ensure been installed. In addition to thickness for their products. installation of the proper amount of considering final settled thickness, they The Commission has prepared the loose-fill insulations; and (3) whether must perform calculations regarding following questions to facilitate the Rule should require manufacturers coverage area and bag count to comment on this proposal. Commenters to include, in fact sheets, information on determine if the proper weight per need not limit their comments to the how consumers can verify the total R- square foot has been applied. The issues raised by the questions: value of loose-fill insulations installed proposed initial installed thickness • Would the information derived in their attics. information should allow consumers, from ASTM C 1374 allow installers to The Commission did not receive any armed with a ruler, to determine provide the appropriate amount of comments in support of a change to whether the sufficient thickness of insulation solely through the use of the require disclosure of ‘‘net weight’’ insulation has been installed. It should manufacturer’s specified blowing instead of ‘‘minimum net weight.’’ also provide installers with more machine settings and the installation of straight-forward instructions for the initial installed thickness specified NAIMA indicated that the use of unique providing consumers with adequate on the bag label? tabs on packages of loose fill would amounts of insulation. In addition, the • Is ASTM C 1374 an appropriate provide a significant benefit to specific reference to initial installed procedure for determining the initial consumers and urged the Commission installed thickness for all loose-fill to impose such a requirement on a trial thickness should reduce the probability 98 that installers will mistakenly follow the products? basis. The Commission continues to settled thickness information on the • Are there other test procedures that believe that there is insufficient labels in their initial application of should be incorporated into the Rule in evidence to suggest that requiring the material.97 lieu of (or in addition to) ASTM C 1374? use of bag tabs would add materially to Although we propose to add • Is it possible for manufacturers to the benefits conferred by the Rule. disclosure requirements for initial provide information on labels about the Finally, the Commission does not installed thickness information, the appropriate blowing machine propose to require manufacturers to Commission does not propose to adjustments and feed rates required to include, in fact sheets, information on eliminate any of the existing disclosure achieve the initial installed thickness how consumers can verify the total R- requirements related to loose-fill such as derived from ASTM C 1374? value of loose-fill insulations installed bag count. Manufacturers would • Should the Rule specify procedures in their attics. The installed thickness continue to provide information that installers must follow to measure requirements proposed in this currently required on loose-fill labels the thickness of the installed material? document combined with information such as minimum settled thickness, If so, what should those procedures be already required by the Rule (e.g., bag maximum new coverage area, number of (e.g., one measurement for every 100 count, coverage area, and R-value) bags per 1,000 square feet, and square feet)? should provide consumers with minimum weight per square foot at • Is it possible for manufacturers to adequate information. For these issues, various R-values as general guidance for provide information on labels about the the Commission is not proposing any the installer and the consumer. appropriate blowing machine amendments to the Rule. adjustments and feed rates required to Installers would continue to be required d. Disclosures for Urea-based Foam to disclose to customers the number of achieve the initial installed thickness Insulations bags used and the coverage area. This derived from ASTM C 1374? information will provide consumers and • Is there any specific rule language Background inspectors with an additional means to that would best achieve the proposal verify that installers have provided an discussed here? In the original 1979 rulemaking appropriate amount of material. It may • Would incorporation of ASTM C proceeding, the Commission determined discourage unscrupulous installers from 1374 significantly change the costs that the inherent qualities of urea- intentionally altering the settings on consumers would pay for loose-fill formaldehyde (‘‘UF’’) foam insulations, blowing machines to ‘‘fluff’’ material insulation? Are any increased costs which were being installed at that time (i.e., increase thickness at the expense of offset by benefits? in wall cavities only by professional density and total R-value). In addition, • If installers follow initial installed installers, would cause the products to it is likely that most contractors would thickness information for installation lose volume or ‘‘shrink.’’ This shrinkage continue to need information about area purposes, will it be difficult to provide caused the insulation to pull away from and bag count for billing purposes. consumers information on coverage area the wall cavity after installation, leaving The Rule would continue to require as required by the Rule? Will installers the wall partially uninsulated and manufacturers of loose-fill cellulose continue to measure coverage area to resulting in a lower-than-claimed R- insulation to conduct their R-value tests estimate the volume and cost associated value.99 To address this problem, the at the settled density using ASTM C with a particular job? Rule requires that manufacturers 739–91 as specified by section disclose the product’s R-value in a 460.5(a)(2). Manufacturers of other iii. Additional Loose-Fill Insulation manner that accounts for the product’s loose-fill material also would have to Issues shrinkage, or include a specific continue to conduct R-value tests based In the ANPR, the section on disclosure about the effect of shrinkage on samples that fully reflect the effect of ‘‘Disclosures for Loose-fill Insulations’’ on R-value (see section 460.13(d) for fact settling on the product’s R-value (see included three other issues: (1) whether § 460.5(a)(3)). Manufacturers would the Rule should require disclosure on 98 NAIMA (9), p.26. packages of loose-fill insulations of ‘‘net 99 Although both the rate and extent of shrinkage 97 To improve the clarity of existing language in weight’’ instead of ‘‘minimum net depended somewhat on the quality of the chemicals the Rule, the Commission may consider changing weight;’’ (2) whether the Rule should and the product’s on-site formulation and the term ‘‘minimum thickness’’ in § 460.12(b)(2) to application, even if a UF insulation product was ‘‘minium settled thickness.’’ The Commission seeks require manufacturers of loose-fill installed perfectly, it would shrink and its R-value comment on such an amendment. insulations to include unique tabs on would decrease.

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sheets and section 460.18(e) for not proposing any amendments to the is relevant to buying decisions. A third insulation ads). 44 FR at 50220, 50231. Rule regarding this issue. alternative, according to NAIMA, would be to offer radio and television Earlier comments recommended that b. Advertising on Radio and Television the Commission revise the statement to advertisers a significantly condensed refer to ‘‘urea-based foam insulation,’’ Background version of the disclosure, such as ‘‘Ask because the reference to ‘‘foam The Rule as originally promulgated your seller for all the facts on R-values insulation’’ implies that all foam-type applied affirmative disclosure before making a purchase.’’ NAIMA insulation products (including other requirements to television contended that this approach would types of cellular plastics insulations) advertisements as well as all other types allow for the full benefit of television shrink after installation, resulting in of advertising and promotional and radio advertising while protecting lower R-values than claimed. One materials (including radio). Unlike other consumers by notifying them about relevant information too lengthy for commenter stated that UF insulation is types of advertising, which simply must 103 no longer sold, and that the disclosure include the required disclosures electronic media. In contrast, PIMA did not support a change to the Rule in requirement is unnecessary and may ‘‘clearly and conspicuously,’’ the Rule 104 cause consumer confusion about other included very specific requirements this regard. foam-type insulations. Because UF regarding how required disclosures Discussion insulation is no longer sold, the must be made in television advertising. The Commission proposes to Commission proposed to eliminate the Four insulation manufacturers appealed eliminate current disclosure provision altogether (64 FR at 48045). the disclosure requirements for requirements for radio ads. Such an television advertising, asserting that the Comments amendment would treat radio and requirements were particularly television ads equally under the Rule. In response to the ANPR, PIMA burdensome for short television ads. There is no indication that the absence supported the Commission’s proposal to The Commission settled the appeal by of an affirmative disclosure requirement delete required shrinkage disclosures for agreeing not to impose disclosure applicable to television ads has harmed foam insulation, but recommended that requirements on television ads without consumers over the years. As NAIMA the Commission include procedures to conducting further rulemaking suggests, the lengthy disclosures reinstate requirements if the product proceedings, and rescinded the required by sections 460.18 and 460.19 reappears on the market.100 NAIMA also requirements in 1986 without are arguably more burdensome for radio supported the proposal, indicating that conducting further proceedings. No than television because the disclosures it did not know of any UF insulation evidence was presented in the original must necessarily displace significant products still being sold or of any rulemaking or in the appeal concerning portions of the ad’s message or increase insulation products that may be subject any similar burdens that the disclosure the duration of the ad and hence the to shrinkage.101 requirements would impose on radio advertiser’s cost. Given the absence of ads. In the ANPR, the Commission any indication that consumers have Discussion solicited comments on how the costs of been harmed because the Rule does not Because it appears that UF foam making the required disclosures in radio require disclosures in television ads, the insulation no longer is sold, the ads compare to the benefits the Commission expects that the Commission proposes to delete the disclosures provide to consumers. 64 FR elimination of radio disclosure obsolete shrinkage disclosure at 48046. requirements will have little impact on requirements in §§ 460.13(d) and Comments consumers. Required information on 460.18(e). The Commission solicits fact sheets, labels, and print ads will NAIMA maintained that radio ads are comments on this proposal and, in continue to provide consumers with similar to television ads because they particular, information regarding the critical performance information when both strive for pithy and concise likelihood that UF foam insulation they shop for insulation or use messages and, since ads in both products may be sold again in the installers. The absence of disclosures in broadcast media are relatively expensive future. If a significant possibility exists, radio ads is not likely to impact their compared to those in other media, a the Commission may decide to retain buying decisions adversely. The disclosure requirement is particularly the disclosure requirement in the Rule Commission seeks comment on this burdensome. NAIMA pointed out that but amend it to clarify that it applies proposal. television ads may provide printed only to urea-based foam insulation. disclosures without interrupting their 3. Disclosures by Installers or New 2. Disclosures in Advertising and Other oral or visual messages, which cannot Home Sellers Promotional Materials be done on radio, so the impact of a. Fact Sheets a. Disclosures Required required disclosures is greater on radio The Commission asked whether the ads than it is on television ads. Rule should require installers and new In the ANPR, the Commission asked NAIMA suggested that the home sellers to give copies of whether the Rule should be amended to Commission amend the Rule to require manufacturers’ fact sheets to consumers delete the required R-value disclosure in that all radio and television ads for after purchase. The Rule already advertisements and other promotional insulation products notify audiences requires installers to show fact sheets to materials that contain triggering claims that disclosure information required by customers before customers agree to buy (see sections 460.19 and 460.18). One the Federal Trade Commission may be insulation. In addition, installers and commenter urged the Commission to obtained via a toll-free number. As an new home sellers must provide retain the requirement because it helps alternative, NAIMA suggested that the insulation information to customers avoid confusion.102 The Commission is Commission amend the Rule to remove through receipts or contracts. In light of specific requirements for radio ad these existing requirements, the 100 PIMA (3), p. 7. disclosures and instead allow radio and 101 NAIMA (9), p. 27. television ads simply to note that 103 NAIMA (9), p. 27–8. 102 Id. additional information is available that 104 PIMA (3), p. 14.

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Commission believes that requiring requirements in the Rule, and (iii) the which many believe is a widespread these entities to provide copies of fact costs to installers and new home sellers problem.106 sheets after purchase would not provide of providing the disclosures in significant benefits to consumers. 64 FR certifications and attic cards. 64 FR at Discussion at 48046. Two commenters likewise 48047. The Commission continues to believe opposed amending the Rule with regard that an amendment to the Rule to 105 Attic Rulers. Both the required to this issue. Thus, the Commission density (and weight per square foot) and require attic cards and attic rulers is not is not proposing any amendments to the thickness of loose-fill and stabilized warranted at this time. The Rule Rule regarding this issue. insulations must be installed to attain a requirements already in place prohibit b. Attic Cards and Certifications, and specific R-value. The use of attic rulers installers from engaging in practices that Attic Rulers could help installers apply a sufficient mislead consumers about the amount of Background thickness to achieve a specific total R- insulation installed. The CABO/MEC value, and apply the insulation in a attic card and ruler requirements The ANPR asked whether there is a more level and consistent manner. augment the current provisions in the R- need to amend the Rule to require the However, installers would still have to value rule by imposing additional use of attic cards and attic rulers by ensure that they apply the required requirements for new home installers. number of bags and weight of insulation construction in many jurisdictions. Attic Cards and Certificates. Attic material. The Commission suggested in Although insulation added to existing cards are usually posted in the attic near the ANPR that the use of attic rulers homes is not covered by CABO/MEC, the access opening, for later reference by could be particularly beneficial if the Commission is not convinced that building code inspectors and manufacturers included a verified initial additional requirements will necessarily homeowners. The ANPR explained that, installed thickness disclosure or a address the concerns raised. The in the original R-value rulemaking, the guaranteed thickness disclosure on the existing requirements applicable to Commission determined that a bag label coverage chart. Attic rulers installers and new home sellers already requirement for attic cards was also could give consumers a ready make unlawful the practices that deny unnecessary in light of the Rule’s means of determining, both initially and customers the proper amount of requirement that new home sellers and over time, whether the required insulation. While additional disclosure retrofit installers give consumers written minimum thickness has been installed. requirements will increase the burden disclosures in contracts or written receipts. These documents provide the The Commission pointed out that the on those industry members that are same information that would be CABO/MEC already requires, for new already complying with the Rule, it is disclosed on an attic card or residential construction, that installers not clear that such changes will yield certification. If the seller or consumer apply blown loose-fill or sprayed (e.g., any greater deterrence to those prefers, the contract or receipt can be stabilized) insulations in attics with the companies that are violating the law by posted in the form of an attic card after use of thickness markers labeled in installing inadequate amounts of the seller has given the written inches, attached to the trusses or joists insulation. disclosures to the consumer. Moreover, at least every 300 square feet (28 m2), A more direct solution to the problem for insulations installed in attics of new marked with the minimum initial may be, as the Commission is residential construction, the CABO/ installed thickness and minimum proposing, to require manufacturers to MEC (Model Energy Code) requires that settled thickness, and installed facing list an initial installed thickness column installers provide a signed and dated the attic access. Because the CABO/MEC on their label that installers must in turn certification for the insulation installed requires the use of attic rulers in new follow as the Commission is proposing. in each part of the home, listing the type construction, the Commission did not The Commission understands that there of insulation, the insulation propose amending the Rule to require is continuing concern surrounding these manufacturer, and the total R-value, as their use. Nevertheless, the Commission issues. Therefore, the Commission well as other information, and post the solicited comments on this issue. solicits additional comments on these certification in a conspicuous place. issues including whether there are other Comments These requirements have been adopted possible Rule changes that would in some form for use in federal NAIMA suggests that the Commission provide additional deterrence against government programs covering new mandate the use of CABO/MEC violations of the Rule with respect to the residential construction and by 33 guidelines on attic cards, certificates, installation of loose-fill material. states. For these reasons, the and rulers by including in the Rule the Commission did not propose amending c. Initial Installed Thickness the Rule to require additional same language relied upon by these certification or the use of attic cards. code bodies to encourage utilization of As discussed in detail in section The Commission solicited comments, attic cards, rulers, and certificates. V.E.1.c. above, the Commission however, about (i) whether amending NAIMA states that not all jurisdictions proposes to amend § 460.17 to require the Rule to require that disclosures be are subject to CABO/MEC or any energy loose-fill installers to comply with the made in certifications or attic cards code. Further, unlike the Commission, initial installed thickness instructions would provide benefits beyond those which has responsibility to protect provided by manufacturers on their currently required by the Rule or the consumers and enforcement power, labels. In addition, under this CABO/MEC for consumers or building CABO/MEC owes no duty to act as amendment, installers would have to inspectors, (ii) whether there currently consumers’ guardian and is not comply with the manufacturers’ are abuses in the sale and installation of empowered to wield the sword of instructions for blowing machine home insulation that could be remedied enforcement and issue fines and settings when loose-fill insulation is by including these additional disclosure penalties for failure to comply. installed. Requiring use of attic rulers would deter 105 PIMA (3), pp. 8, 14; NAIMA (9), p. 28. installers who might consider cheating, 106 NAIMA (9), pp. 28–29.

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4. Disclosures by Retailers Discussion 177–97); ASTM C 518–91, ‘‘Standard Background In the years since the Commission Test Method for Steady-State Thermal promulgated the Rule, the nature of Transmission Properties by Means of Section 460.14 of the Rule requires retail sales to do-it-yourself home the Heat Flow Meter Apparatus’’ (to C retailers who sell insulation to do-it- insulation consumers has changed. 518–98); ASTM C 1045–90, ‘‘Standard yourself consumers to make the Today, retailers often sell home Practice for Calculating Thermal manufacturers’ fact sheets available to insulation directly from warehouse-type Transmission Properties Under Steady- consumers before purchase in any sales floors where consumers select the State Conditions’’ (to C 1045–97); and manner the retailer chooses, as long as packages of insulation they want. ASTM C 1114–95, ‘‘Standard Test consumers are likely to notice the fact Therefore, the R-value and related Method for Steady-State Thermal Transmission Properties by Means of sheets. The ANPR explained that the information on the packages is available the Thin-Heater Apparatus’’ (to C 1114– purpose of this requirement is to ensure to consumers before purchase. In 98), to reflect the most recent versions that consumers have the information response to questions from retailers, the of those standards. In 460.5(a)(2), the about home insulation they need to Commission’s staff has advised Commission proposes to update the make cost-based purchasing decisions. informally that retailers need not make reference to ASTM C 739–91, ‘‘Standard When the Commission promulgated the separate fact sheets available at the Specification for Cellulosic Fiber Rule, bulky insulation packages were point of purchase if all the required fact (Wood-Base) Loose-Fill Thermal not normally available on the retail sales sheet disclosures are made on the Insulation’’ (to C 739–97). Further, the floor, so the consumer would not see the insulation package and if the insulation Commission proposes to add a reference disclosures on labels before purchase. In packages are available on the sales floor addition, the fact sheets contain to ASTM C 1363–97, ‘‘Standard Test for the consumer to inspect prior to Method for the Thermal Performance of information about energy savings and purchase. As it did in the ANPR, the other factors the consumer should Building Assemblies by Means of a Hot Commission proposes to amend the Box,’’ in place of ASTM C 236–89 consider when purchasing home Rule to codify this option. The insulation that is required on labels. 64 (Reapproved 1993), ‘‘Standard Test Commission does not believe, as PIMA Method for Steady-State Thermal FR at 48048. asserts, that this would impose an The ANPR solicited comments on Performance of Building Assemblies by additional burden on retailers. The Means of a Guarded Hot Box,’’ and whether the Rule should be amended to Commission believes that, to the excuse retailers from making separate ASTM C 976–90, ‘‘Standard Test contrary, this amendment would Method for Steady-State Thermal fact sheets available at the point of provide retailers with an additional purchase if all the required fact sheet Performance of Building Assemblies by option for ensuring that the appropriate Means of a Calibrated Hot Box’’ in disclosures are made on the insulation information is available to consumers. package and if the insulation packages section 460.5(a) and, as discussed In exercising this option, the retailers earlier, section 460.5(d)(1). The are available on the sales floor for the would have to ensure the labels contain consumer to inspect before purchase. Id. Commission also proposes to add new the information provided on the fact paragraph (e) in section 460.5 to Comments sheets. If a retailer does not want to take consolidate information regarding the time to perform such a comparison, incorporation by reference approvals by PIMA opposed the Commission’s however, it can always use the fact the Office of the Federal Register. proposal. It indicated that retailers sheets as provided now by the Rule. should continue to supply fact sheets or Retailers could exercise this option only VI. Rulemaking Procedures at least make them available to if the package labels are in fact The Commission finds that the public consumers at point of purchase. PIMA displayed in a way that customers can interest will be served by using maintained that it is inappropriate as obtain the required information. As expedited procedures in this well as burdensome to require retailers PIMA suggests, if package labels are proceeding. Using expedited procedures to determine whether the labels discarded or damaged due to practices will support the Commission’s goals of adequately disclose information. PIMA of the retailer, then the retailer would clarifying existing regulations, when asserted that retailers often open not be able to use this alternative and necessary, and eliminating obsolete or bundles or packages in order to sell would have to make the fact sheets unnecessary regulation without an individual boards, and packaging labels available to consumers. The undue expenditure of resources, while may be missing or damaged.107 Commission seeks comments on this ensuring that the public has an NAIMA supported an amendment proposal. opportunity to submit data, views and that would relieve retailers of arguments on whether the Commission responsibility to provide fact sheets F. Amendments to Update References to should amend the Rule. The when the same information is on the bag ASTM Standards Commission, therefore, has determined, label. NAIMA recommended that the In addition to the substantive pursuant to 16 CFR 1.20, to use the Commission add a provision requiring amendments discussed herein, the procedures set forth in this document. manufacturers to supply retailers with Commission also proposes to amend These procedures include: (1) relevant fact sheets providing the facts certain provisions of the Rule in order publishing this Notice of Proposed omitted from the label in cases in which to update those referenced ASTM Rulemaking; (2) soliciting written the labels lack the data required on fact Standards that have been reviewed and comments on the Commission’s sheets. NAIMA cautioned that, if such a updated since the Rule was last proposals to amend the Rule; (3) requirement is not in the Rule, some amended in 1996. In section 460.5(a), holding an informal hearing (such as manufacturers may see profit in limiting the Commission proposes to update workshop), if requested by interested the amount of information disclosed to references to: ASTM C 177–85, parties; (4) obtaining a final their customers.108 ‘‘Standard Test Method for Steady-State recommendation from staff; and (5) Heat Flux Measurements and Thermal announcing final Commission action in 107 PIMA (3), p. 8. Transmission Properties by Means of a notice published in the Federal 108 NAIMA (9), p. 29. the Guarded-Hot-Plate Apparatus’’ (to C Register.

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VII. Requests for Public Hearings Specifically, the Commission is Commission’s view, the proposed rule Because written comments appear proposing only a few limited changes will not substantially or adequate to present the views of all amendments that are designed to clarify materially modify the collection of interested parties, neither a public the Rule, make disclosure requirements information and related burden hearing nor a workshop has been consistent for competing types of loose- estimates submitted to OMB when the scheduled. As stated earlier in this fill insulation products as well as batt Commission last sought renewed and blanket insulation products, require clearance for the Rule. See 67 FR 45734 document, the Commission does not 110 believe that a public workshop or the most current procedures for (July 10, 2002). To ensure that no preparing R-value test specimens and hearing is needed to address the issues significant paperwork burden is being conducting R-value tests, provide overlooked, the Commission requests raised in this proposed rule. However, consumers with information about the comments on this issue, and they if any person would like to present initial installed thickness of loose-fill should be faxed to OMB (Records views orally he or she should follow the insulation, delete disclosures for a type Management Center, ATTN: Desk procedures set forth in the DATES and of insulation that no longer is sold, and Officer for the FTC, OMB, Room 10102 ADDRESSES sections of this document. provide retailers with an optional NEOB, fax: 202/395-6566) and sent to VIII. Preliminary Regulatory Analysis method for satisfying the Rule’s fact the FTC Secretary at the address stated and Regulatory Flexibility Act sheet disclosure requirement. In the in the Addresses section of this Requirements Commission’s view, the proposed document. amendments should not have a Under section 22 of the FTC Act, 15 X. Additional Information for significant or disproportionate impact U.S.C. 57b, the Commission must issue Interested Persons a preliminary regulatory analysis for a on the costs of small manufacturers, retailers, installers, new home sellers, proceeding to amend a rule only when 1. Motions or Petitions and testers of home insulation products. it (1) estimates that the amendment will Any motions or petitions in Based on available information, connection with this proceeding must have an annual effect on the national therefore, the Commission certifies that be filed with the Secretary of the economy of $100,000,000 or more; (2) amending the R-Value Rule as proposed Commission. estimates that the amendment will will not have a significant economic cause a substantial change in the cost or impact on a substantial number of small 2. Communications by Outside Parties price of certain categories of goods or businesses. To ensure that no significant to Commissioners or Their Advisors services; or (3) otherwise determines economic impact is being overlooked, that the amendment will have a Pursuant to Commission Rule however, the Commission requests 1.18(c)(1), 16 CFR 1.18(c)(1), the significant effect upon covered entities comments on this issue. The or upon consumers. The Commission Commission has determined that Commission also seeks comments on communications with respect to the has preliminarily determined that the possible alternatives to the proposed proposed amendments to the Rule will merits of this proceeding from any amendments to accomplish the stated outside party to any Commissioner or not have such effects on the national objectives. After reviewing any economy, on the cost of home insulation Commissioner advisor shall be subject comments received, the Commission to the following treatment. Written products, or on covered parties or will determine whether a final consumers. The Commission, however, communications and summaries or regulatory flexibility analysis is transcripts of oral communications shall requests comment on the economic appropriate. effects of the proposed amendments. be placed on the rulemaking record if The Regulatory Flexibility Act IX. Paperwork Reduction Act the communication is received before (‘‘RFA’’), 5 U.S.C. 601–12, requires that The R-Value Rule contains various the end of the comment period. They the agency conduct an analysis of the information collection requirements for shall be placed on the public record if anticipated economic impact of the which the Commission has obtained the communication is received later. proposed amendments on small clearance under the Paperwork Unless the outside party making an oral businesses. The purpose of a regulatory Reduction Act, 44 U.S.C. 3501 et seq., communication is a member of flexibility analysis is to ensure that the Office of Management and Budget Congress, such communications are agency considers impact on small (‘‘OMB’’) Control Number 3084– permitted only if advance notice is entities and examines regulatory 0109.109 As discussed in this document, published in the Weekly Calendar and 111 alternatives that could achieve the the Commission is proposing a limited Notice of ‘‘Sunshine’’ Meetings. regulatory purpose while minimizing number of amendments that are XI. Invitation to Comment and burdens on small entities. Section 605 designed to 1) clarify the Rule; 2) make Questions for Comment of the RFA, 5 U.S.C. 605, provides that disclosure requirements consistent for Members of the public are invited to such an analysis is not required if the competing types of loose-fill insulation comment on any issues or concerns they agency head certifies that the regulatory products and batt and blanket insulation believe are relevant or appropriate to the action will not have a significant products; 3) require the most current Commission’s consideration of economic impact on a substantial procedures for preparing R-value test proposed amendments to the R-value number of small entities. specimens and conducting R-value tests; Rule. The Commission requests that Because the R-value Rule covers home 4)improve installation instructions for factual data upon which the comments insulation manufacturers and retailers, loose-fill material; 5) delete disclosures are based be submitted with the professional installers, new home for urea-based foam insulation, a type of comments. In addition to the issues sellers, and testing laboratories, the insulation that no longer is sold; 6) raised above, the Commission solicits Commission believes that any delete mandatory disclosures for radio public comment on the costs and amendments to the Rule may affect a ads; and 7) provide retailers with an substantial number of small businesses. optional method for satisfying the Rule’s 110 The Commission received renewed clearance Nevertheless, the proposed amendments fact sheet disclosure requirement. In the for the Rule on August 2, 2002. would not appear to have a significant 111 See 15 U.S.C. 57a(i)(2)(A); 45 FR 50814 (1980); economic impact upon such entities. 109 See 64 FR 36877 (July 8, 1999). 45 FR 78626 (1980).

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benefits to industry members and consumers and sellers (including (a) All types of insulation except consumers of each of the proposals, as specifically small businesses), the aluminum foil must be tested with well as the specific questions identified Commission seeks views and data on ASTM C 177–97, ‘‘Standard Test below. These questions are designed to the following general questions for all Method for Steady-State Heat Flux assist the public and should not be the proposed changes described in this Measurements and Thermal construed as a limitation on the issues document: Transmission Properties by Means of on which public comment may be (a) What benefits would the proposed the Guarded-Hot-Plate Apparatus;’’ submitted. requirements confer, and on whom? ASTM C 518–98, ‘‘Standard Test The written comments submitted will (b) What paperwork burdens would Method for Steady-State Heat Flux be available for public inspection in the proposed requirements impose, and Measurements and Thermal accordance with the Freedom of on whom? Transmission Properties by Means of Information Act, 5 U.S.C. 552, and (c) What other costs or burdens would the Heat Flow Meter Apparatus;’’ ASTM Commission regulations, on normal the proposed requirements impose, and C 1363–97,‘‘Standard Test Method for business days between the hours of 8:30 on whom? the Thermal Performance of Building a.m. to 5:00 p.m. at the Federal Trade (d) What regulatory alternatives to the Assemblies by Means of a Hot Box Commission, 600 Pennsylvania Ave., proposed requirements are available Apparatus’’ or ASTM C 1114–98, N.W., Room 130, Washington, D.C. that would reduce the burdens of the ‘‘Standard Test Method for Steady-State 20580, (202) 326–2222. proposed requirements, while providing Thermal Transmission Properties by the same benefits? Means of the Thin-Heater Apparatus.’’ Questions (e) What impact, either positive or The tests must be done at a mean The Commission seeks comments on negative, would the proposed temperature of 75 degrees Fahrenheit all proposed changes to the Rule requirements likely have on the and with a temperature differential of 50 indicated at the end of this document environment? degrees Fahrenheit plus or minus 10 and listed in the section-by-section degrees Fahrenheit. The tests must be List of Subjects in 16 CFR Part 460 description at part IV of this document done on the insulation material alone (above). The Commission has sought Advertising, Insulation, Labeling, (excluding any airspace). R-values comments on a variety of issues Reporting and recordkeeping (‘‘thermal resistance’’) based upon heat discussed elsewhere in this document. requirements, Trade practices. flux measurements according to ASTM In addition, the Commission seeks input C 177–97 or ASTM C 518–98 must be on the following specific questions: XII. Proposed Rule Language reported only in accordance with the (1) Should the Commission amend For the reasons set out in the requirements and restrictions of ASTM section 460.5(a)(1) of the Rule to require preamble, the Commission proposes to C 1045–97, ‘‘Standard Practice for the use of ASTM C 1303–95 for amend 16 CFR part 460 as follows: Calculating Thermal Transmission homogeneous, unfaced, rigid closed cell Properties from Steady-State Heat Flux polyurethane, polyisocyanurate, and PART 460—LABELING AND Measurements.’’ extruded polystyrene insulations? What ADVERTISING OF HOME INSULATION (1) For polyurethane, market share do unfaced products hold polyisocyanurate, and extruded 1. The authority citation for Part 460 relative to other rigid cellular polystyrene, the tests must be done on continues to read as follows: insulations (such as faced products)? samples that fully reflect the effect of Does C 1303 adequately account for Authority: Authority: 38 Stat. 717, as aging on the product’s R-value. To age variations in the thickness of the amended (15 U.S.C. 41 et seq.). a sample of polyurethane, insulations covered? What would be the 2. Revise § 460.1 to read as follows: polyisocyanurate, or extruded cost of applying ASTM C 1303 as polystyrene insulation, follow, where proposed by the Commission? § 460.1 What this regulation does. applicable, ASTM C 578–95, ‘‘Standard (2) Should the Commission require This regulation deals with home Specification for Rigid, Cellular the use of ASTM C 1149 for determining insulation labels, fact sheets, ads, and Polystyrene Thermal Insulation,’’ ASTM the settled density of self-supported, other promotional materials in or C 1029–96, ‘‘Standard Specification for spray applied cellulose insulation? affecting commerce, as ‘‘commerce’’ is Spray-Applied Rigid Cellular (3) Should the Commission amend defined in the Federal Trade Polyurethane Thermal Insulation,’’ and sections 460.12(a)(2) and (3) to require Commission Act. If you are covered by ASTM C 591–94, ‘‘Standard the same coverage charts for all types of this regulation, breaking any of its rules Specification for Unfaced Preformed loose-fill insulation at R-values of 11, is an unfair and deceptive act or Rigid Cellular Polyisocyanurate 13, 19, 22, 24, 32, and 40? Are there any practice or an unfair method of Thermal Insulation.’’ If these tests are additional, significant compliance costs competition under section 5 of that Act. not applicable to your product, you associated with the proposed change? You can be fined heavily (up to $11,000 must follow the procedure in paragraph (4) Should the Commission amend the plus an adjustment for inflation, under 4.6.4 of GSA Specification HH–I–530A testing and labeling provisions of the § 1.98 of this chapter) each time you or another reliable procedure. Rule to require the use of ASTM C–1374 break a rule. (2) For loose-fill cellulose, the tests for determining the initial installed 3. Revise § 460.5 to read as follows: must be done at the settled density thickness of loose-fill insulation (see determined under paragraph 8 of ASTM section V.E.1.c.ii. for additional § 460.5 R-value tests. C 739–97, ‘‘Standard Specification for questions on this subject)? R-value measures resistance to heat Cellulosic Fiber (Wood-Base) Loose-Fill (5) Are there additional changes to the flow. R-values given in labels, fact Thermal Insulation.’’ Rule that have not been addressed the sheets, ads, or other promotional (3) For loose-fill mineral wool, self- would help to ensure that installers materials must be based on tests done supported, spray-applied cellulose, and apply the proper amount of insulation, under the methods listed below. They stabilized cellulose, the tests must be particularly loose-fill? were designed by the American Society done on samples that fully reflect the (6) General Questions: To maximize of Testing and Materials (ASTM). The effect of settling on the product’s R- the benefits and minimize the costs for test methods are: value.

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(4) For self-supported spray-applied ‘‘Standard Test Method for the Thermal Transmission Properties by Means of cellulose, the tests must be done at the Performance of Building Assemblies by the Thin-Heater Apparatus.’’ settled density determined pursuant to Means of a Hot Box Apparatus,’’ which (x) ASTM C 1149–97, ‘‘Standard ASTM C 1149–97, ‘‘Standard is incorporated by reference in Specification for Self-Supported Spray Specification for Self-Supported Spray paragraph (a) of this section. If you do Applied Cellulosic Thermal Insulation.’’ Applied Cellulosic Thermal Insulation.’’ this, you must follow the rules in (xi) ASTM C 1224–99, ‘‘Standard (5) For loose-fill insulations, the paragraph (a) of this section on Specification for Reflective Insulation initial installed thickness for the temperature, aging and settled density. for Building Applications.’’ product must be determined pursuant to (2) You can add up the tested R-value (xii) ASTM C 1363–97,‘‘Standard Test ASTM C 1374–97, ‘‘Determination of of the material and the R-value of the air Method for the Thermal Performance of Installed Thickness of Pneumatically space. To get the R-value for the air Building Assemblies by Means of a Hot Applied Loose-Fill Building space, you must follow the rules in Box Apparatus.’’ Insulation,’’ for R-values of 11, 13, 19, paragraph (b) of this section. (xiii) ASTM C 1371–98, ‘‘Standard 22, 24, 32, 40 and any other R-values (e) The standards listed above are Test Method for Determination of provided on the product’s label incorporated by reference into this Emittance of Materials Near Room pursuant to § 460.12. section. These standards were approved Temperature Using Portable (b) Single sheet systems of aluminum by the Director of the Federal Register Emissometers.’’ foil must be tested with ASTM E 408– in accordance with 5 U.S.C. 552(a) and (xiv) ASTM C 1374–97, 71 (Reapproved 1996), ‘‘Standard Test 1 CFR part 51. Copies may be inspected ‘‘Determination of Installed Thickness Methods for Total Normal Emittance of at the Federal Trade Commission, of Pneumatically Applied Loose-Fill Surfaces Using Inspection-Meter Consumer Response Center, Room 130, Building Insulation.’’ (xv) ASTM E 408–71 (Reapproved Techniques,’’ or ASTM C 1371–98, 600 Pennsylvania Avenue, NW, 1996), ‘‘Standard Test Methods for Total ‘‘Standard Test Method for Washington, DC 20580, or at the Office Normal Emittance of Surfaces Using Determination of Emittance of Materials of the Federal Register, 800 North Near Room Temperature Using Portable Inspection-Meter Techniques.’’ Capitol Street, NW, Suite 700, (2) The American Society of Heating, Emissometers.’’ This tests the emissivity Washington, DC. Copies of materials of the foil—its power to radiate heat. To Refrigerating, and Air-Conditioning and standards incorporated by reference Engineers’ (ASHRAE), 1791 Tullie get the R-value for a specific emissivity may be obtained from the issuing level, air space, and direction of heat Circle, N.E., Atlanta, Georgia 30329. organizations listed in this section. ASHRAE Fundamentals Handbook flow, use the tables in the most recent (1) The American Society of Testing (2001 edition). edition of the American Society of and Materials, 1916 Race Street, Heating, Refrigerating, and Air- (3) U.S. General Services Philadelphia, PA 19103. Administration (GSA),1800 F Street, Conditioning Engineers’ (ASHRAE) (i) ASTM C 177–97 (Reapproved NW Washington, DC 20405. GSA Fundamentals Handbook, if the product 1993), ‘‘Standard Test Method for is intended for applications that meet Specification HH-I–530A. Steady-State Heat Flux Measurements 4. Revise § 460.8 to read as follows: the conditions specified in the tables. and Thermal Transmission Properties You must use the R-value shown for 50 by Means of the Guarded-Hot-Plate § 460.8 R-value tolerances. degrees Fahrenheit, with a temperature Apparatus.’’ If you are a manufacturer of home differential of 30 degrees Fahrenheit. (ii) ASTM C 236–89 (Reapproved insulation, the mean R-value of sampled (c) Aluminum foil systems with more 1993), ‘‘Standard Test Method for specimens of a production lot of than one sheet, and single sheet systems Steady-State Thermal Performance of insulation you sell must meet or exceed of aluminum foil that are intended for Building Assemblies by Means of a the R-value shown in a label, fact sheet, applications that do not meet the Guarded Hot Box.’’ ad, or other promotional material for conditions specified in the tables in the (iii) ASTM C 518–95, ‘‘Standard Test that insulation. A production lot for the most recent edition of the ASHRAE Method for Steady-State Heat Flux purposes of this section means a Fundamentals Handbook, must be Measurements and Thermal definite quantity of the product tested with ASTM C 1363–97, Transmission Properties by Means of manufactured under uniform conditions ‘‘Standard Test Method for the Thermal the Heat Flow Meter Apparatus.’’ of production. No individual specimen Performance of Building Assemblies by (iv) ASTM C 578–95, ‘‘Standard of the insulation you sell can have an R- Means of a Hot Box Apparatus,’’ in a Specification for Rigid, Cellular value more than 10% below the R-value test panel constructed according to Polystyrene Thermal Insulation.’’ shown in a label, fact sheet, ad, or other ASTM C 1224–99, ‘‘Standard (v) ASTM C 591–94, ‘‘Standard promotional material for that insulation. Specification for Reflective Insulation Specification for Unfaced Preformed If you are not a manufacturer, you can for Building Applications,’’ and under Rigid Cellular Polyisocyanurate rely on the R-value data given to you by the test conditions specified in ASTM C Thermal Insulation.’’ the manufacturer, unless you know or 1224–99. To get the R-value from the (vi) ASTM C 739–97, ‘‘Standard should know that the data is false or not results of those tests, use the formula Specification for Cellulosic Fiber based on the proper tests. specified in ASTM C 1224–99. (Wood-Base) Loose-Fill Thermal 5. Revise § 460.12 to read as follows: (d) For insulation materials with foil Insulation.’’ facings, you must test the R-value of the (vii) ASTM C 1029–96, ‘‘Standard § 460.12 Labels. material alone (excluding any air Specification for Spray-Applied Rigid If you are a manufacturer, you must spaces) under the methods listed in Cellular Polyurethane Thermal label all packages of your insulation. paragraph (a) of this section. You can Insulation.’’ The labels must contain: also determine the R-value of the (viii) ASTM C 1045–97, ‘‘Standard (a) The type of insulation. material in conjunction with an air Practice for Calculating Thermal (b) A chart showing these items: space. You can use one of two methods Transmission Properties from Steady- (1) For batts and blankets of any type: to do this: State Heat Flux Measurements.’’ the R-value, length, width, thickness, (1) You can test the system, with its (ix) ASTM C 1114–98, ‘‘Standard Test and square feet of insulation in the air space, under ASTM C 1363–97, Method for Steady-State Thermal package.

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(2) For all loose-fill insulation: The insulation be installed properly. If you manufacturer gives you. If you put minimum settled thickness, initial do it yourself, follow the instructions insulation in more than one part of the installed thickness, maximum net carefully.’’ house, put the data for each part on the coverage area, number of bags per 1,000 (e) If no instructions are included, add receipt. You can do this on one receipt, square feet, and minimum weight per this statement: ‘‘To get the marked R- as long as you do not add up the square foot at R-values of 11, 13, 19, 22, value, it is essential that this insulation coverage areas or R-values for different 24, 32 and 40. You must also give this be installed properly. If you do it parts of the house. Do not multiply the information for any additional R-values yourself, get instructions and follow R-value for one inch by the number of you list on the chart. Labels for these them carefully. Instructions do not come inches you installed. For loose-fill, you products must state the minimum net with this package.’’ must follow the manufacturer’s label weight of the insulation in the package. 6. In § 460.13, remove paragraph (d) instructions for initial installed You must also provide the appropriate and redesignate paragraphs (e) and (f) as thickness and blowing machine settings. blowing machine settings necessary to paragraphs (d) and (e) respectively. For loose-fill, the receipt must show the achieve the initial installed thicknesses 7. Revise § 460.14 to read as follows: coverage area, initial installed thickness, listed on your label. § 460.14 How retailers must handle fact R-value, and the number of bags used. (3) For boardstock: the R-value, sheets. For aluminum foil, the receipt must length, width, and thickness of the If you sell insulation to do-it-yourself show the number and thickness of the boards in the package, and the square customers, you must have fact sheets for air spaces, the direction of heat flow, feet of insulation in the package. the insulation products you sell. You and the R-value. (4) For aluminum foil: the number of must make the fact sheets available to 9. In § 460.18, paragraph (e) is foil sheets; the number and thickness of your customers. You can decide how to removed, and paragraph (f) is the air spaces; and the R-value provided do this, as long as your insulation redesignated as paragraph (e) and by that system when the direction of customers are likely to notice them. For revised to read as follows: heat flow is up, down, and horizontal. example, you can put them in a display, § 460.18 Insulation ads. You can show the R-value for only one and let customers take copies of them. direction of heat flow if you clearly and You can keep them in a binder at a * * * * * conspicuously state that the foil can counter or service desk, and have a sign (e) The affirmative disclosure only be used in that application. telling customers where the fact sheets requirements in § 460.18 do not apply to (5) For insulation materials with foil are. You need not make the fact sheets ads on television or radio. facings, you must follow the rule that available to customers if you display 10. In § 460.19, paragraph (g) is applies to the material itself. For insulation packages on the sales floor revised to read as follows: example, if you manufacture boardstock where your insulation customers are § 460.19 Savings claims. with a foil facing, follow paragraph likely to notice them and each (b)(3) of this section. You can also show individual insulation package offered * * * * * the R-value of the insulation when it is for sale contains all package label and (g) The affirmative disclosure installed in conjunction with an air fact sheet disclosures required by requirements in § 460.19 do not apply to space. This is its ‘‘system R-value.’’ If §§460.12 and 460.13. ads on television or radio. you do this, you must clearly and 8. Section 460.17 is revised to read as 11. In § 460.23, paragraph (a) is conspicuously state the conditions follows: revised to read as follows: under which the system R-value can be attained. § 460.17 What installers must tell their § 460.23 Other laws, rules, and orders. (6) For air duct insulation: The R- customers. (a) If an outstanding FTC Cease and value, length, width, thickness, and If you are an installer, you must give Desist Order applies to you but differs square feet of insulation in the package. your customers a contract or receipt for from the rules given here, you can (c) The following statement: ‘‘R means the insulation you install. For all petition to amend the order. resistance to heat flow. The higher the insulation except loose-fill and * * * * * R-value, the greater the insulating aluminum foil, the receipt must show power.’’ the coverage area, thickness, and R- By direction of the Commission. (d) If installation instructions are value of the insulation you installed. Donald S. Clark, included on the label or with the The receipt must be dated and signed by Secretary of the Commission. package, add this statement: ‘‘To get the the installer. To figure out the R-value [FR Doc. 03–17854 Filed 7–14–03; 8:45 am] marked R-value, it is essential that this of the insulation, use the data that the BILLING CODE 6750–01–S

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Reader Aids Federal Register Vol. 68, No. 135 Tuesday, July 15, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 170...... 40026 Presidential Documents 3 CFR Ch. II ...... 40553 Executive orders and proclamations 741–6000 Proclamations: Ch. III ...... 40553 The United States Government Manual 741–6000 7688...... 39793 Ch. X...... 40553 7689...... 39795 Other Services 7690...... 40115 12 CFR Electronic and on-line services (voice) 741–6020 Administrative Orders: 201...... 41054 Privacy Act Compilation 741–6064 Presidential 225...... 39807 Public Laws Update Service (numbers, dates, etc.) 741–6043 Determinations: 910...... 39810 TTY for the deaf-and-hard-of-hearing 741–6086 No. 2003–27 of June 913...... 39810 30, 2003 ...... 41219 Proposed Rules: ELECTRONIC RESEARCH 4 CFR Ch. 7 ...... 39863 701...... 39866 World Wide Web Proposed Rules: 27...... 41742 745...... 39868 Full text of the daily Federal Register, CFR and other publications 28...... 41742 900...... 39027 is located at: http://www.access.gpo.gov/nara 29...... 41742 932...... 39027 Federal Register information and research tools, including Public 955...... 39027 Inspection List, indexes, and links to GPO Access are located at: 5 CFR http://www.archives.gov/federallregister/ 2600...... 41681 13 CFR 121...... 39448 E-mail 6 CFR Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 120...... 40553 an open e-mail service that provides subscribers with a digital 25...... 41420 121...... 40820 form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and 7 CFR 14 CFR PDF links to the full text of each document. 54...... 39805 23...... 40757 To join or leave, go to http://listserv.access.gpo.gov and select 278...... 41051 25...... 40478 Online mailing list archives, FEDREGTOC-L, Join or leave the list 279...... 41051 39 ...... 39449, 39815, 40478, (or change settings); then follow the instructions. 652...... 40751 40481, 40483, 40484, 40487, 718...... 39447 40759, 41055, 41056, 41059, PENS (Public Law Electronic Notification Service) is an e-mail 925...... 41683 service that notifies subscribers of recently enacted laws. 41063, 41210, 41519, 41521, 948...... 40117 41861 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 989...... 41686 71 ...... 40761, 40762, 40763, and select Join or leave the list (or change settings); then follow 993...... 40754 40764, 40765, 41691, 41692, the instructions. 1405...... 39447 41693, 41694, 41695, 41696 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 91...... 41212 respond to specific inquiries. 301...... 40534 93...... 41212 373...... 40541 97...... 41523, 41525 Reference questions. Send questions and comments about the 958...... 40815 119...... 41214 Federal Register system to: [email protected] 1150...... 39861 121...... 41214 The Federal Register staff cannot interpret specific documents or 1580...... 39478 135...... 41214 regulations. 2903...... 41751 382...... 40488 9 CFR Proposed Rules: FEDERAL REGISTER PAGES AND DATE, JULY 39 ...... 39483, 39485, 39870, Proposed Rules: 40573, 40821, 40823, 40827, 39005–39446...... 1 60...... 40541 40829, 40831, 40834, 41760, 39447–39804...... 2 130...... 40817 41762 39805–40114...... 3 10 CFR 71...... 39238 40115–40468...... 7 119...... 40206 50...... 40469 121...... 40206 40469–40750...... 8 95...... 41221 40751–41050...... 9 135...... 40206 Proposed Rules: 145...... 40206 41041–41218...... 10 2...... 40026 41219–41518...... 11 20...... 40026 15 CFR 41519–41680...... 14 21...... 40026 41681–41900...... 15 34...... 41757 922...... 39005 50...... 40026 Proposed Rules: 51...... 40026 930...... 40207 52...... 40026 72...... 40026 16 CFR 73...... 40026 Proposed Rules: 140...... 40026 460...... 41872

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17 CFR 40579, 40581, 40583, 40848, 103...... 39284 43 CFR 41087 30...... 39006, 40498 104...... 39292 10...... 39853 301 ...... 39498, 40849, 40850, 105...... 39315 Proposed Rules: 40857, 41089, 41090 106...... 39338 1...... 40835 44 CFR 117...... 41716 27 CFR 18 CFR 160...... 39292 64...... 39019 4...... 39454 161...... 39353 65...... 39021 101...... 40500 9...... 39833 164...... 39353 67...... 39023 141...... 40500 165 ...... 39013, 39015, 39017, Proposed Rules: 201...... 40500 Proposed Rules: 39292, 39353, 39455, 40024, 67 ...... 39042, 39044, 39046 260...... 40500 4...... 39500 40168, 40169, 40170, 40173, 352...... 40500 24...... 39500 40174, 40176, 40770, 40772, 46 CFR 357...... 40500 28 CFR 41078, 41081, 41268, 41269, 2...... 39292 Proposed Rules: 41531, 41716, 41719, 41721, 141...... 40340 2...... 41527, 41696 31...... 39292 41722 71...... 39292 260...... 40340 29 CFR 284...... 40207 Proposed Rules: 91...... 39292 100...... 40615 357...... 40340 102...... 39836 115...... 39292 110...... 39503 375...... 40340 4022...... 41714 126...... 39292 4044...... 41714 147...... 40229 176...... 39292 20 CFR Proposed Rules: 165 ...... 40231, 40859, 41091, 41764 218...... 39009 35...... 41512 47 CFR 220...... 39009 1625...... 41542 36 CFR 0...... 39471 225...... 39009 1627...... 41542 32...... 38641 Proposed Rules: 404...... 40119 1926...... 39877, 39880 54...... 38642, 39471 219...... 41864 416...... 40119 64...... 40184 30 CFR 294...... 41864, 41865 Proposed Rules: 73 ...... 38643, 40185, 40186, 404...... 40213 75...... 40132 37 CFR 40187, 41284, 41724 250...... 41077, 41861 74...... 41284 416...... 40213 1...... 41532 913...... 40138 260...... 39837 Proposed Rules: 21 CFR 934...... 40142 1...... 40876 101...... 39831, 41434 938...... 40147 39 CFR 73...... 40237 943...... 40154 510...... 41065 111...... 40774 520...... 41065 948...... 40157 48 CFR 558...... 41066 Proposed Rules: 40 CFR Ch. 10 ...... 39854 862...... 40125 70...... 39881 51...... 39842 501...... 41286 1300...... 41222 75...... 39881 52 ...... 39457, 40520, 40528, 538...... 41286 1301...... 41222 90...... 39881 40782, 40786, 40789, 41083 552...... 41286 1304...... 41222 250...... 40585, 41090 62...... 40531 Proposed Rules: 254...... 40585 1305...... 41222 70...... 40528 15...... 40466 934...... 40225 1307...... 41222 80...... 39018 30...... 40104 946...... 40227 Proposed Rules: 81...... 40789 31...... 40466 101...... 41507 31 CFR 131...... 40428 52...... 40104 131...... 39873 180 ...... 39428, 39435, 39460, 1301...... 40576 50...... 41250 39462, 39846, 40178, 40791, 49 CFR 348...... 41266 40803, 41271, 41535 22 CFR 541...... 39471 Proposed Rules: 300...... 41273 Proposed Rules: 41...... 40127 103...... 39039 Proposed Rules: 192...... 41768 Proposed Rules: 19...... 39882 32 CFR 303...... 39490 27...... 39882 50 CFR 9...... 39374 51...... 39888 25 CFR 10...... 39379 52 ...... 39041, 39506, 40233, 17...... 39624, 40076 Proposed Rules: 11...... 39381 40617, 40861, 40864, 40865 229...... 41725 Ch. I ...... 39038 12...... 39387 62...... 40618 300...... 39024 13...... 39389 70...... 40617, 40871 648...... 40808 26 CFR 14...... 39391 660...... 40187, 41085 1 ...... 39011, 39012, 39452, 15...... 39394 41 CFR 679 ...... 40811, 40812, 41085, 39453, 40129, 40130, 40510, 16...... 39395 Proposed Rules: 41086 40766, 41067, 41230, 41417 17...... 39397 105-56...... 41093 Proposed Rules: 20...... 40130 105-550...... 41274 17...... 39507, 39892 25...... 40130 33 CFR 105-570...... 41290 229...... 40888 301...... 40768, 41073 26...... 39353 301–50...... 40618 600...... 40892 602 ...... 39012, 41067, 41230 100...... 40167 635...... 41103, 41769 Proposed Rules: 101...... 39240 42 CFR 648...... 41535 1 ...... 39498, 40218, 40224, 102...... 39240 412...... 41860 697...... 39048

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REMINDERS production system; published 6-6-03 [FR 03- for 21st Century; The items in this list were comments due by 7-22- 14253] implementation: editorially compiled as an aid 03; published 5-23-03 [FR COMMERCE DEPARTMENT Excess DOD aircraft sales to Federal Register users. 03-12994] National Oceanic and to persons or entities Inclusion or exclusion from Tuberculosis in cattle and Atmospheric Administration providing oil spill response this list has no legal bison— Fishery conservation and services; comments due significance. State and area management: by 7-21-03; published 5- classifications; Magnuson-Stevens Act 22-03 [FR 03-12552] comments due by 7-25- provisions— ENVIRONMENTAL RULES GOING INTO 03; published 6-25-03 Domestic fisheries; PROTECTION AGENCY EFFECT JULY 15, 2003 [FR 03-16038] exempted fishing permit Air pollution control: Plant-related quarantine, applications; comments State operating permits ENVIRONMENTAL domestic and foreign: due by 7-24-03; programs— PROTECTION AGENCY published 7-9-03 [FR Gypsy moth; comments due Michigan; comments due 03-17380] Air quality implementation by 7-22-03; published 5- by 7-23-03; published plans; approval and 23-03 [FR 03-12985] West Coast States and 6-23-03 [FR 03-15762] promulgation; various Western Pacific Plant-related quarantine, States: fisheries— ENVIRONMENTAL foreign: PROTECTION AGENCY Tennessee; published 5-16- Pacific Coast groundfish; Fragrant pears from China; 03 comments due by 7-21- Air programs; approval and comments due by 7-22- 03; published 5-22-03 promulgation; State plans GOVERNMENT ETHICS 03; published 5-23-03 [FR for designated facilities and OFFICE [FR 03-12885] 03-12987] Pacific Coast groundfish pollutants: Organization, functions, and AGRICULTURE vessel monitoring Pennsylvania; comments authority delegations; DEPARTMENT system; comments due due by 7-24-03; published published 7-15-03 Animal and Plant Health by 7-21-03; published 6-24-03 [FR 03-15759] HOMELAND SECURITY Inspection Service 5-22-03 [FR 03-12884] ENVIRONMENTAL DEPARTMENT Plant-related quarantine, COMMERCE DEPARTMENT PROTECTION AGENCY Coast Guard foreign: National Oceanic and Air programs; approval and Ports and waterways safety: Potato brown rot prevention; Atmospheric Administration promulgation; State plans Charleston Harbor, Cooper comments due by 7-22- Fishery conservation and for designated facilities and River, SC; security zones; 03; published 5-23-03 [FR management: pollutants: published 7-7-03 03-12988] West Coast States and Pennsylvania; comments Western Pacific due by 7-24-03; published STATE DEPARTMENT AGRICULTURE fisheries— 6-24-03 [FR 03-15760] Claims and stolen property: DEPARTMENT Stolen property under treaty West Coast salmon; ENVIRONMENTAL Animal and Plant Health comments due by 7-25- with Mexico; CFR part Inspection Service PROTECTION AGENCY removed; published 5-16- 03; published 7-10-03 Plant-related quarantine, Air quality implementation 03 [FR 03-17239] foreign: plans; approval and TRANSPORTATION DEFENSE DEPARTMENT promulgation; various Solid wood packing material; DEPARTMENT Acquisition regulations: States: importation; comments Information assurance; California; comments due by Federal Aviation due by 7-21-03; published Administration comments due by 7-22- 7-24-03; published 6-24- 5-20-03 [FR 03-12503] 03; published 5-23-03 [FR Airworthiness directives: 03 [FR 03-15898] Poultry improvement: 03-13000] Boeing; published 6-30-03 ENVIRONMENTAL National Poultry Plan and Federal Acquisition Regulation PROTECTION AGENCY Pratt & Whitney; published auxiliary provisions— (FAR): Air quality implementation 6-30-03 Unallowable costs Plan participants and plans; approval and Rolls-Royce Corp.; accounting and application participating flocks; new promulgation; various published 6-30-03 of cost principles and or modified sampling States: and testing procedures; procedures; comments California; comments due by comments due by 7-22- due by 7-21-03; published COMMENTS DUE NEXT 7-24-03; published 6-24- 03; published 5-23-03 5-22-03 [FR 03-12892] WEEK 03 [FR 03-15899] [FR 03-12995] DEFENSE DEPARTMENT ENVIRONMENTAL AGRICULTURE Freedom of Information Act; AGRICULTURE PROTECTION AGENCY DEPARTMENT DEPARTMENT implementation: National Security Agency/ Air quality implementation Agricultural Marketing Food Safety and Inspection Central Security Service plans; approval and Service Service Freedom of Information promulgation; various Onions grown in— Meat and poultry inspection: Act Program; comments States: Idaho and Oregon; Poultry products (ratite due by 7-22-03; published Connecticut, Massachusetts, comments due by 7-24- only); importation from 5-23-03 [FR 03-12969] and Rhode Island; 03; published 7-9-03 [FR Australia and New DEFENSE DEPARTMENT comments due by 7-21- 03-17277] Zealand into U.S.; Prototype projects; 03; published 6-20-03 [FR comments due by 7-23- AGRICULTURE transactions other than 03-15126] 03; published 6-23-03 [FR DEPARTMENT contracts, grants, or ENVIRONMENTAL 03-15740] Animal and Plant Health cooperative agreements; PROTECTION AGENCY Inspection Service COMMERCE DEPARTMENT comments due by 7-21-03; Air quality implementation Interstate transportation of Industry and Security published 5-20-03 [FR 03- plans; approval and animals and animal products Bureau 12554] promulgation; various (quarantine): Designated terrorists; control DEFENSE DEPARTMENT States: Swine; inspection and imposition and expansion; Wendell H. Ford Aviation Connecticut, Massachusetts, interstate movement within comments due by 7-21-03; Investment and Reform Act and Rhode Island;

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comments due by 7-21- Federal-State Joint Board Florida; comments due by SECURITIES AND 03; published 6-20-03 [FR on Universal Service— 7-21-03; published 5-20- EXCHANGE COMMISSION 03-15127] Schools and libraries; 03 [FR 03-12496] Securities: Texas; comments due by 7- universal service HOMELAND SECURITY Registered transfer agents; 21-03; published 6-19-03 support mechanism; DEPARTMENT recordkeeping [FR 03-15521] comments due by 7-21- Coast Guard requirements; comments 03; published 6-20-03 Wisconsin; comments due Organization, functions, and due by 7-21-03; published [FR 03-14929] by 7-21-03; published 6- authority delegations: 6-20-03 [FR 03-15648] Radio frequency devices: 20-03 [FR 03-15519] Great Lakes Pilotage STATE DEPARTMENT Radio receivers; interference ENVIRONMENTAL Director; comments due Visas; nonimmigrant immunity performance PROTECTION AGENCY by 7-23-03; published 6- documentation: specifications; comments 23-03 [FR 03-15641] Air quality implementation due by 7-21-03; published Student and Exchange plans; approval and 5-5-03 [FR 03-10951] HOMELAND SECURITY Visitor Information System; comments due promulgation; various Ultra-wideband transmission DEPARTMENT by 7-22-03; published 5- States: systems; unlicensed Coast Guard 23-03 [FR 03-12653] Wisconsin; comments due operation; comments due Ports and waterways safety: TRANSPORTATION by 7-21-03; published 6- by 7-21-03; published 4- Hampton Roads, VA; DEPARTMENT 20-03 [FR 03-15520] 22-03 [FR 03-09880] regulated navigation area; ENVIRONMENTAL Radio stations; table of comments due by 7-21- Federal Aviation PROTECTION AGENCY assignments: 03; published 5-22-03 [FR Administration Pesticides; tolerances in food, Indiana; comments due by 03-12549] Airmen certification: animal feeds, and raw 7-21-03; published 6-16- Port Everglades Harbor, Operation Enduring agricultural commodities: 03 [FR 03-15070] Fort Lauderdale, FL; Freedom; relief for Antimicrobial formulations for GENERAL SERVICES regulated navigation area; participants; comments food-contact surface ADMINISTRATION comments due by 7-21- due by 7-21-03; published sanitizing solutions; active Federal Acquisition Regulation 03; published 6-6-03 [FR 6-20-03 [FR 03-15643] and inert ingredients; (FAR): 03-14306] TRANSPORTATION comments due by 7-25- Unallowable costs HOUSING AND URBAN DEPARTMENT 03; published 6-25-03 [FR accounting and application DEVELOPMENT Federal Aviation 03-16034] of cost principles and DEPARTMENT Administration ENVIRONMENTAL procedures; comments Federal and Federally funded Airworthiness directives: PROTECTION AGENCY due by 7-21-03; published construction projects; open Airbus; comments due by 7- 5-22-03 [FR 03-12892] Pesticides; tolerances in food, competition and government 23-03; published 6-23-03 animal feeds, and raw HEALTH AND HUMAN neutrality towards [FR 03-15595] agricultural commodities: SERVICES DEPARTMENT government contractors’ TRANSPORTATION Food and Drug labor relations; comments Indoxacarb; comments due DEPARTMENT Administration due by 7-21-03; published by 7-21-03; published 5- Federal Aviation 5-22-03 [FR 03-12798] 21-03 [FR 03-12480] Animal drugs, feeds, and Administration related products: INTERIOR DEPARTMENT ENVIRONMENTAL Airworthiness directives: Biuret, feed-grade; Fish and Wildlife Service PROTECTION AGENCY comments due by 7-21- Eagle Aircraft (Maylasia) Pesticides; tolerances in food, Endangered and threatened Sdn. Bhd.; comments due 03; published 5-22-03 [FR species: animal feeds, and raw 03-12785] by 7-25-03; published 6- agricultural commodities: California tiger salamander; 23-03 [FR 03-15726] HEALTH AND HUMAN comments due by 7-22- Maneb, etc.; comments due SERVICES DEPARTMENT McDonnell Douglas; 03; published 5-23-03 [FR comments due by 7-21- by 7-25-03; published 6- Food and Drug 03-12695] 03; published 6-4-03 [FR 25-03 [FR 03-15906] Administration INTERIOR DEPARTMENT 03-13978] ENVIRONMENTAL Proposed rules and actions Turbomeca S.A.; comments PROTECTION AGENCY (84) published in Federal Hearings and appeals due by 7-21-03; published Register over 5 years ago; procedures: Pesticides; tolerances in food, 5-20-03 [FR 03-12541] animal feeds, and raw notice of intent to withdraw; Public land; special rules; Class E airspace; comments agricultural commodities: comments due by 7-21-03; comments due by 7-21- published 4-22-03 [FR 03- 03; published 5-22-03 [FR due by 7-24-03; published Pyraflufen-ethyl; comments 09865] 03-12504] 6-9-03 [FR 03-14427] due by 7-21-03; published TRANSPORTATION 5-21-03 [FR 03-12359] HEALTH AND HUMAN NATIONAL AERONAUTICS SERVICES DEPARTMENT AND SPACE DEPARTMENT ENVIRONMENTAL Substance Abuse and ADMINISTRATION Federal Aviation PROTECTION AGENCY Mental Health Services Federal Acquisition Regulation Administration Water programs: Administration (FAR): Class E airspace; comments Water quality standards— Human drugs: Unallowable costs due by 7-25-03; published South San Francisco Bay, Opiate addiction; opioid accounting and application 6-19-03 [FR 03-15526] CA; copper and nickel; drugs use in maintenance of cost principles and TRANSPORTATION Federal aquatic life and detoxification procedures; comments DEPARTMENT water quality criteria treatment due by 7-21-03; published National Highway Traffic withdrawn; comments List additions; comments 5-22-03 [FR 03-12892] Safety Administration due by 7-25-03; due by 7-21-03; NUCLEAR REGULATORY Motor vehicle safety published 6-25-03 [FR published 5-22-03 [FR COMMISSION standards: 03-16231] 03-11469] Rulemaking petitions: Transportation Recall FEDERAL HOMELAND SECURITY ICN Worldwide Dosimetry Enhancement, COMMUNICATIONS DEPARTMENT Service; comments due Accountability, and COMMISSION Coast Guard by 7-21-03; published 5-5- Documentation (TREAD) Common carrier services: Drawbridge operations: 03 [FR 03-10967] Act; implementation—

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Tire safety information; published 6-20-03 [FR 03- Superintendent of Documents, comments due by 7-21- 15638] U.S. Government Printing 03; published 6-5-03 Office, Washington, DC 20402 Public Laws Electronic [FR 03-14160] (phone, 202–512–1808). The LIST OF PUBLIC LAWS Notification Service TREASURY DEPARTMENT text will also be made (PENS) available on the Internet from Fiscal Service This is a continuing list of Privacy Act; implementation; GPO Access at http:// public bills from the current www.access.gpo.gov/nara/ comments due by 7-21-03; session of Congress which nara005.html. Some laws may PENS is a free electronic mail published 6-20-03 [FR 03- have become Federal laws. It not yet be available. notification service of newly 15638] may be used in conjunction enacted public laws. To TREASURY DEPARTMENT with ‘‘PLUS’’ (Public Laws H.R. 658/P.L. 108–44 subscribe, go to http:// Internal Revenue Service Update Service) on 202–741– Accountant, Compliance, and listserv.gsa.gov/archives/ 6043. This list is also Income taxes: Enforcement Staffing Act of publaws-l.html available online at http:// Paid tax return preparers; 2003 (July 3, 2003; 117 Stat. www.nara.gov/fedreg/ electronic filing; cross- 842) Note: This service is strictly reference; comments due plawcurr.html. S. 1276/P.L. 108–45 for E-mail notification of new by 7-23-03; published 4- The text of laws is not laws. The text of laws is not 24-03 [FR 03-10191] published in the Federal Strengthen AmeriCorps available through this service. TREASURY DEPARTMENT Register but may be ordered Program Act (July 3, 2003; PENS cannot respond to Privacy Act; implementation:; in ‘‘slip law’’ (individual 117 Stat. 844) specific inquiries sent to this comments due by 7-21-03; pamphlet) form from the Last List July 3, 2003 address.

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