9–28–01 Friday Vol. 66 No. 189 Sept. 28, 2001 Pages 49511–49822
VerDate 11-MAY-2000 20:58 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\28SEWS.LOC pfrm01 PsN: 28SEWS
1 II Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $638, or $697 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $253. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $9.00 for each issue, or $9.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 66 FR 12345.
.
VerDate 11-MAY-2000 20:58 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\28SEWS.LOC pfrm01 PsN: 28SEWS
2 III
Contents Federal Register Vol. 66, No. 189
Friday, September 28, 2001
Agricultural Marketing Service Children and Families Administration RULES NOTICES Potatoes (Irish) grown in— Agency information collection activities: Colorado, 49511–49513 Submission for OMB review; comment request, 49679– PROPOSED RULES 49680 Milk marketing orders: Mideast, 49571–49573 Papayas grown in— Coast Guard Hawaii, 49568–49571 RULES Ports and waterways safety: Agriculture Department Charleston, SC; security zones, 49533–49534 See Agricultural Marketing Service St. Croix, U.S. Virgin Islands; security zones, 49534– See Foreign Agricultural Service 49536 See Forest Service Tomlinson Bridge, Quinnipiac River, New Haven, CT; safety zone, 49536–49538 Alcohol, Tobacco and Firearms Bureau RULES Commerce Department Alcohol, tobacco, and other excise taxes: Tobacco products and cigarette papers and tubes— See Census Bureau Balanced Budget Act of 1997; conforming amendments, See Export Administration Bureau 49531–49533 See International Trade Administration See National Oceanic and Atmospheric Administration Army Department NOTICES Committee for Purchase From People Who Are Blind or Patent licenses; non-exclusive, exclusive, or partially Severely Disabled exclusive: NOTICES Live attenuated virus vaccine for western equine Procurement list; additions and deletions, 49615–49616 encephalitis, etc., 49643 Substituted aromatic compounds for treatment of antibiotic resistant infections, 49644 Commodity Futures Trading Commission NOTICES Blind or Severely Disabled, Committee for Purchase From Meetings: People Who Are Financial privacy notices; workshop, 49742–49744 See Committee for Purchase From People Who Are Blind or Severely Disabled Comptroller of the Currency Census Bureau NOTICES NOTICES Meetings: Meetings: Financial privacy notices; workshop, 49742–49744 Professional Associations Census Advisory Committee, 49616 Defense Department See Army Department Centers for Disease Control and Prevention NOTICES Meetings: Education Department National Vaccine Advisory Committee, 49676 NOTICES Agency information collection activities: Centers for Medicare & Medicaid Services Proposed collection; comment request, 49644 RULES Grants and cooperative agreements; availability, etc.: Medicare: Direct grant programs; extension of deadlines, 49644– Civil money penalties, assessments, and revised sanction 49645 authorities, 49544–49547 Postsecondary education— NOTICES Centers for International Business Education Program, Agency information collection activities: 49645–49646 Submission for OMB review; comment request, 49676– Technological Innovation and Cooperation for Foreign 49677 Information Access Program, 49646–49647 Medicare: Special education and rehabilitative services— Critical access hospitals; deeming authority approval— Children with Disabilities Programs, 49647–49653 American Osteopathic Association, 49677–49679
VerDate 11
Employment and Training Administration Federal Aviation Administration PROPOSED RULES RULES Aliens: Air traffic operating and flight rules, etc.: Labor certification and petition process for temporary Security control of air traffic, 49817–49822 employment of nonimmigrant aliens in U.S. Airworthiness directives: agriculture; fee structure modification [Editorial Note: Rolls-Royce plc, 49514–49517 The page number for this document, appearing at 66 Class D airspace, 49517 FR 49328 in the Federal Register of September 27, Class E airspace, 49517–49520 2001, was inadvertently dropped from that issue’s PROPOSED RULES Table of Contents.] Class E airspace, 49573–49576 NOTICES Employment Standards Administration Meetings: NOTICES Air Traffic Procedures Advisory Committee, 49738 Minimum wages for Federal and federally-assisted Informal airspace meetings, 49738 construction; general wage determination decisions, 49701–49702 Federal Communications Commission RULES Energy Department Radio stations; table of assignments: See Federal Energy Regulatory Commission Various States, 49554–49555 See Western Area Power Administration Television stations; table of assignments: Oklahoma and Texas, 49555 Environmental Protection Agency PROPOSED RULES RULES Radio stations; table of assignments: Air pollution control: Texas [Editorial Note: This document, appearing at 66 FR State operating permits programs— 49330 in the Federal Register of September 27, 2001, Massachusetts, 49541–49544 was incorrectly listed in that issue’s Table of Air quality implementation plans; approval and Contents under RULES.] promulgation; various States: Various States, 49593–49594 Pennsylvania, 49539–49541 NOTICES PROPOSED RULES Agency information collection activities: Air pollution control: Proposed collection; comment request, 49673–49674 State operating permits programs— Massachusetts, 49579 Federal Deposit Insurance Corporation Vermont, 49577–49579 NOTICES Water programs: Meetings: Pollutants analysis test procedures; guidelines— Financial privacy notices; workshop, 49742–49744 Whole effluent toxicity test methods, 49793–49816 NOTICES Federal Emergency Management Agency Agency information collection activities: RULES Reporting and recordkeeping requirements, 49664–49665 Disaster assistance: Submission for OMB review; comment request, 49665– Supplemental property acquisition and elevation 49668 assistance Environmental statements; availability, etc.: Correction, 49554 Agency statements— Flood elevation determinations: Comment availability, 49669–49671 Various States, 49547–49554 Weekly receipts, 49668–49669 PROPOSED RULES Coastal nonpoint pollution control programs; States and Flood elevation determinations: territories— Various States, 49579–49593 Georgia, Texas, and Ohio, 49643 NOTICES Meetings: Disaster and emergency areas: Chemical exposure assessment results; workshop New Jersey, 49674 postponed, 49671 New York, 49674 Science Advisory Board, 49671–49672 Federal Energy Regulatory Commission Water supply: NOTICES Public water supply supervision program— Agency information collection activities: Indiana, 49672–49673 Proposed collection; comment request, 49653–49656 Executive Office of the President Submission for OMB review; comment request, 49656 See Management and Budget Office Electric rate and corporate regulation filings: See Trade Representative, Office of United States New England Power Pool et al., 49658–49662 Hydroelectric applications, 49662–49663 Export Administration Bureau Meetings: RULES Interstate natural gas facility-planning seminar, 49663 Export administration regulations: National Register of Historic Places: Chemical and biological weapons controls; Australia Programmatic agreement for managing properties; Group; Chemical Weapons Convention, 49520–49529 restricted service list— NOTICES Great Northern Paper, Inc., 49663–49664 Agency information collection activities: Applications, hearings, determinations, etc.: Proposed collection; comment request, 49616–49617 ANR Pipeline Co., 49657
VerDate 11
Florida Gas Transmission Co.; correction, 49657 Forest Service Mississippi River Transmission Corp., 49657 NOTICES National Fuel Gas Supply Corp.; correction, 49657–49658 Environmental statements; notice of intent: Reliant Energy Gas Transmission Co., 49658 Tongass National Forest, AK, 49613–49614 Viking Gas Transmission Co., 49658 Health and Human Services Department Federal Highway Administration See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Environmental statements; notice of intent: See Children and Families Administration Charlottesville and Albemarle County, VA, 49738–49739 See National Institutes of Health Summit County, OH, 49739–49740 See Public Health Service Meetings: Intelligent Transportation Society of America, 49740 Housing and Urban Development Department RULES Federal Railroad Administration Public and Indian housing: Native American housing activities— RULES Construction cost limits, 49787–49791 Grade crossing signal system safety, 49557–49560 NOTICES Signal and train control; miscellaneous amendments, Agency information collection activities: 49556–49557 Proposed collection; comment request, 49688 Submission for OMB review; comment request, 49688– Federal Reserve System 49689 NOTICES Federal Housing Administration: Banks and bank holding companies: Debenture recall, 49689 Change in bank control, 49675 Grants and cooperative agreements; availability, etc.: Formations, acquisitions, and mergers, 49675–49676 Facilities to assist homeless— Meetings: Excess and surplus Federal property, 49689–49696 Financial privacy notices; workshop, 49742–49744 Reports and guidance documents; availability, etc.: Tribal government-to-government consultation policy, Federal Trade Commission 49783–49786 RULES Appliances, consumer; energy consumption and water use Immigration and Naturalization Service information in labeling and advertising: RULES Comparability ranges— Nonimmigrant classes: Compact dishwashers, etc., 49529–49531 Aliens coming temporarily to U.S. to perform agricultural NOTICES labor or services; H-2A classification petitions; Meetings: adjudication delegated to Labor Department Financial privacy notices; workshop, 49742–49744 Effective date delayed, 49514 NOTICES Financial Management Service Agency information collection activities: See Fiscal Service Proposed collection; comment request, 49697–49698 Submission for OMB review; comment request, 49698– 49699 Fiscal Service NOTICES Interior Department Agency information collection activities: See Fish and Wildlife Service Proposed collection; comment request, 49744 See National Park Service
Fish and Wildlife Service Internal Revenue Service RULES PROPOSED RULES Endangered and threatened species: Income taxes: Holmgren milk-vetch and Shivwits milk-vetch, 49560– Annual accounting periods; changes 49567 Hearing cancellation, 49576–49577 Migratory bird hunting: Federal Indian reservations, off-reservation trust lands, International Trade Administration and ceded lands, 49773–49781 NOTICES Seasons, limits, and shooting hours; establishment, etc., Antidumping: 49747–49772 Coumarin from— PROPOSED RULES China, 49617–49618 Endangered and threatened species: Hot-rolled carbon steel flat products from— Findings on petitions, etc.— China, 49632–49634 Lower Kootenai River burbot, 49608–49611 Indonesia, 49628–49632 Romania, 49625–49628 Foreign Agricultural Service Taiwan, 49618–49622 NOTICES Thailand, 49622–49625 Privacy Act: Welded large diameter line pipe from— Systems of records, 49612–49613 Mexico, 49634–49635
VerDate 11
Countervailing duties: National Park Service Hot-rolled carbon steel flat products from— NOTICES India, 49635–49637 Environmental statements; availability, etc.: Indonesia, 49637–49639 Glacier Bay National Park and Preserve, AK; commercial Stainless steel sheet and strip in coils from— fisheries compensation plan, 49696 Korea, 49639–49641 Structural steel beams from— Nuclear Regulatory Commission Korea, 49641–49642 NOTICES Agency information collection activities: Justice Department Proposed collection; comment request, 49706 See Immigration and Naturalization Service Environmental statements; availability, etc.: See Parole Commission Exelon Generation Co., LLC, 49713–49714 Reports and guidance documents; availability, etc.: Labor Department Missed surveillances using consolidated line item See Employment Standards Administration improvement process; technical specification See Pension and Welfare Benefits Administration improvement to modify requirements; model NOTICES application, 49714–49717 Agency information collection activities: Applications, hearings, determinations, etc.: Submission for OMB review; comment request, 49699– Hood, Virgil J., Jr., 49706–49707 49701 J.L. Shepherd & Associates, 49708–49710 STP Nuclear Operating Co., 49710–49712 Management and Budget Office University of Wyoming, 49712–49713 NOTICES Reports and guidance documents; availability, etc.: Office of Management and Budget Information disseminated by Federal agencies; quality, See Management and Budget Office objectivity, utility, and integrity guidelines, 49718– 49725 Office of United States Trade Representative See Trade Representative, Office of United States National Credit Union Administration Parole Commission NOTICES NOTICES Meetings: Meetings; Sunshine Act, 49699 Financial privacy notices; workshop, 49742–49744 Pension and Welfare Benefits Administration National Highway Traffic Safety Administration NOTICES PROPOSED RULES Agency information collection activities: Motor vehicle safety standards: Proposed collection; comment request, 49702–49703 Lamps, reflective devices, and associated equipment— Employee benefit plans; class exemptions: Glare from headlamps and other front mounted lamps, Interest free loans, 49703–49706 49594–49608 Pension Benefit Guaranty Corporation National Institutes of Health NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 49725– National Institute of Allergy and Infectious Diseases, 49726 49680–49682 National Institute of Mental Health, 49681 Public Debt Bureau National Institute of Neurological Disorders and Stroke, See Fiscal Service 49681–49682 National Institute on Aging, 49680, 49682–49683 Public Health Service National Institute on Deafness and Other Communication See Centers for Disease Control and Prevention Disorders, 49680 See National Institutes of Health Scientific Review Center, 49683–49685 NOTICES Reports and guidance documents; availability, etc.: National Oceanic and Atmospheric Administration National Toxicology Program— PROPOSED RULES EPISKIN, EpiDerm, and rat skin transcutaneous Ocean and coastal resource management: electrical resistance methods; dermal corrosivity Marine sanctuaries— potential of chemicals, in vitro test methods; etc., Submarine cable permit; fair market value analysis, 49685–49686 49576 In vitro methods for assessing acute systemic toxicity, NOTICES report; and in vitro data use to estimate in vivo Committees; establishment, renewal, termination, etc.: starting doses for acute toxicity, guidance, 49686– Channel Islands National Marine Sanctuary Advisory 49687 Council, 49642 Environmental statements; availability, etc.: Railroad Retirement Board Coastal nonpoint pollution control programs; States and NOTICES territories— Agency information collection activities: Georgia, Texas, and Ohio, 49643 Submission for OMB review; comment request, 49726
VerDate 11
Research and Special Programs Administration See Research and Special Programs Administration RULES See Surface Transportation Board Hazardous materials: Editorial corrections and clarifications Treasury Department Correction, 49555–49556 See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency Securities and Exchange Commission See Fiscal Service NOTICES See Internal Revenue Service Meetings: See Thrift Supervision Office Financial privacy notices; workshop, 49742–49744 NOTICES Meetings; Sunshine Act, 49726–49727 Boycotts, international: Securities Exchange Act: Countries requiring cooperation; list, 49742 Government securities reconciliations, 49727 Self-regulatory organizations; proposed rule changes: Veterans Affairs Department MBS Clearing Corp., 49727 RULES Pacific Exchange, Inc., 49727–49730 Board of Veterans Appeals: Philadelphia Stock Exchange, Inc., 49730–49736 Appeals regulations and rules of practice— Subpoenas; clarification, 49538–49539 Small Business Administration NOTICES NOTICES Agency information collection activities: Disaster loan areas: Proposed collection; comment request, 49744–49745 Virginia, 49736 Western Area Power Administration State Department NOTICES NOTICES Meetings: Art objects; importation for exhibition: Montana/Dakotas regional transmission study scope; Splendid Isolation: The Art of Easter Island, 49736–49737 workshop and comment request, 49664
Surface Transportation Board NOTICES Separate Parts In This Issue Railroad operation, acquisition, construction, etc.: Monroe County Railroad Authority, 49740 Part II Norfolk Southern Railway Co. et al., 49741 Department of Interior, Fish and Wildlife Service, 49747– Railroad services abandonment: 49772 New York Central Lines, LLC, 49741–49742 Part III Tennessee Valley Authority Department of Interior, Fish and Wildlife Service, 49773– NOTICES 49781 Agency information collection activities: Submission for OMB review; comment request, 49737 Part IV Thrift Supervision Office Department of Housing and Urban Development, 49783– NOTICES 49786 Meetings: Financial privacy notices; workshop, 49742–49744 Part V Department of Housing and Urban Development, 49787– Trade Representative, Office of United States 49791 NOTICES Meetings: Part VI Trade and Environment Policy Advisory Committee, Environmental Protection Agency, 49793–49816 49737 Trade Policy and Negotiations Advisory Committee, Part VII 49737–49738 Department of Transportation, Federal Aviation Administration, 49817–49822 Transportation Department See Coast Guard See Federal Aviation Administration Reader Aids See Federal Highway Administration Consult the Reader Aids section at the end of this issue for See Federal Railroad Administration phone numbers, online resources, finding aids, reminders, See National Highway Traffic Safety Administration and notice of recently enacted public laws.
VerDate 11
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 49 CFR 948...... 49511 173...... 49555 Proposed Rules: 179...... 49555 928...... 49568 233...... 49556 1033...... 49571 234...... 49557 235...... 49556 8 CFR 236...... 49556 103...... 49514 214...... 49514 Proposed Rules: 571...... 49594 14 CFR 39...... 49514 50 CFR 71 (5 documents) ...... 49517, 17...... 49560 49518, 49519, 49520 20 (2 documents) ...... 49748, 99...... 49818 49774 Proposed Rules: Proposed Rules: 71 (3 documents) ...... 49573, 17...... 49608 49574, 49575 15 CFR 736...... 49520 738...... 49520 740...... 49520 742...... 49520 745...... 49520 770...... 49520 774...... 49520 Proposed Rules: 922...... 49576 16 CFR 305...... 49529 24 CFR 1000...... 49788 26 CFR Proposed Rules: 1...... 49576 5c ...... 49576 5f...... 49576 18...... 49576 301...... 49576 27 CFR 40...... 49531 44...... 49531 275...... 49531 295...... 49531 33 CFR 165 (3 documents) ...... 49533, 49534, 49536 38 CFR 20...... 49538 40 CFR 52 (6 documents) ...... 49539, 49540, 49541 70...... 49541 Proposed Rules: 70 (2 documents) ...... 49577, 49579 136...... 49794 42 CFR 402...... 49544 405...... 49544 44 CFR 65 (2 documents) ...... 49547, 49549 67...... 49552 209...... 49554 Proposed Rules: 67...... 49579 47 CFR 73 (2 documents) ...... 49554, 49555 Proposed Rules: 73...... 49593
VerDate 11-MAY-2000 20:59 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\28SELS.LOC pfrm01 PsN: 28SELS 49511
Rules and Regulations Federal Register Vol. 66, No. 189
Friday, September 28, 2001
This section of the FEDERAL REGISTER Order Administration Branch, Fruit and This final rule increases exemptions contains regulatory documents having general Vegetable Programs, AMS, USDA, room to the handling regulation prescribed applicability and legal effect, most of which 2525–S, P.O. Box 96456, Washington, under the order. This rule exempts are keyed to and codified in the Code of DC 20090–6456; telephone: (202) 720– potatoes shipped for the purpose of Federal Regulations, which is published under 2491, Fax: (202) 720–8938. experimentation and the manufacture or 50 titles pursuant to 44 U.S.C. 1510. Small businesses may request conversion into specified products from The Code of Federal Regulations is sold by information on complying with this the grade, size, maturity, inspection and the Superintendent of Documents. Prices of regulation by contacting Jay Guerber, assessment requirements of the order. new books are listed in the first FEDERAL Marketing Order Administration These exemptions were unanimously REGISTER issue of each week. Branch, Fruit and Vegetable Programs, recommended by the Committee. This AMS, USDA, room 2525–S, P.O. Box rule also clarifies the regulatory text by 96456, Washington, DC 20090–6456; specifying that potatoes shipped for DEPARTMENT OF AGRICULTURE telephone: (202) 720–2491, Fax: (202) livestock feed, charity, and certified 720–8938, or E-mail: seed are exempt from assessment Agricultural Marketing Service [email protected]. requirements. Section 948.22 authorizes the 7 CFR Part 948 SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing issuance of regulations for grade, size, [Docket No. FV01–948–1 FR] Agreement No. 97 and Marketing Order quality, maturity, and pack for any No. 948 (7 CFR part 948), both as variety or varieties of potatoes grown in Irish Potatoes Grown in Colorado; amended, regulating the handling of different portions of the production area Modification of Area No. 3 Handling Irish potatoes grown in Colorado, during any period. Section 948.23 Regulation hereinafter referred to as the ‘‘order.’’ authorizes the issuance of regulations that modify, suspend, or terminate AGENCY: Agricultural Marketing Service, The order is authorized by the requirements issued under § 948.22 or USDA. Agricultural Marketing Agreement Act of 1937, as amended, (7 U.S.C. 601– to facilitate the handling of potatoes for ACTION: Final rule. 674), hereinafter referred to as the special purposes. Section 948.24 SUMMARY: This rule increases ‘‘Act.’’ requires adequate safeguards be exemptions to the handling regulation The Department of Agriculture prescribed to ensure that potatoes prescribed under the marketing order (Department) is issuing this rule in handled pursuant to § 948.23 enter (order) for Colorado Area No. 3 potatoes. conformance with Executive Order authorized trade channels. Safeguard The order regulates the handling of 12866. procedures for special purpose Colorado potatoes and is administered This final rule has been reviewed shipments are specified in §§ 948.120 locally by the Colorado Potato under Executive Order 12988, Civil through 948.125. Section 948.387 of the Administrative Committee for Area No. Justice Reform. This rule is not intended order’s handling regulations establishes 3 (Committee). This rule exempts to have retroactive effect. This rule will the grade, size, maturity, and inspection potatoes shipped for the purpose of not preempt any State or local laws, requirements for Area No. 3. The experimentation and the manufacture or regulations, or policies, unless they Committee’s assessment rate is conversion into specified products from present an irreconcilable conflict with established under § 948.215. the grade, size, maturity, inspection, this rule. At its meeting on December 14, 2000, and assessment requirements of the The Act provides that administrative the Committee unanimously order. Relaxing handling requirements proceedings must be exhausted before recommended that potatoes shipped for provides handlers with greater parties may file suit in court. Under the purpose of experimentation and the marketing flexibility, producers with section 608c(15)(A) of the Act, any manufacture or conversion into increased returns, and consumers with handler subject to an order may file specified products be exempt from the more choices in buying fresh potatoes. with the Secretary a petition stating that grade, size, maturity, and inspection This rule also clarifies the regulatory the order, any provision of the order, or requirements provided under the order’s text by specifying that potatoes shipped any obligation imposed in connection regulations for Area No. 3. The for livestock feed, charity, and certified with the order is not in accordance with Committee recommended that seed are exempt from assessment law and request a modification of the experimentation and the manufacture or requirements. order or to be exempted therefrom. A conversion into specified products be handler is afforded the opportunity for added under 948.387(d) as special EFFECTIVE DATE: This final rule becomes a hearing on the petition. After the purpose shipments. effective October 1, 2001. hearing the Secretary would rule on the To apply for the exemption, handlers FOR FURTHER INFORMATION CONTACT: petition. The Act provides that the will obtain a Certificate of Privilege for Dennis L. West, Northwest Marketing district court of the United States in any handling such potatoes and furnish the Field Office, Marketing Order district in which the handler is an Committee such information as it may Administration Branch, Fruit and inhabitant, or has his or her principal require to track shipments, determine Vegetable Programs, AMS, USDA, 1220 place of business, has jurisdiction to whether applicable requirements have SW Third Avenue, suite 385, Portland, review the Secretary’s ruling on the been met, and verify whether proper Oregon 97204; telephone: (503) 326– petition, provided an action is filed not disposition has occurred. 2724, Fax: (503) 326–7440; or George J. later than 20 days after the date of the At a subsequent meeting on March 8, Kelhart, Technical Advisor, Marketing entry of the ruling. 2001, the Committee reconfirmed its
VerDate 11
earlier action and, in addition, exception of those meeting minimum that small businesses will not be unduly unanimously recommended that quantity and special purpose or disproportionately burdened. shipments for livestock feed, charity, exemptions, be inspected and assessed. Marketing orders issued pursuant to the certified seed, and for the purpose of These regulations did not provide Act, and rules issued thereunder, are experimentation and the manufacture or adequate relief for commercially viable unique in that they are brought about conversion into specified products be shipments of non-traditional varieties, through group action of essentially exempt from assessment requirements. potatoes for experimentation, or the small entities acting on their own Shipments of potatoes for livestock feed, shipment of potatoes for the behalf. Thus, both statutes have small charity, and certified seed are specified manufacture or conversion into entity orientation and compatibility. as special purpose shipments and are products. This rule exempts such There are approximately 13 handlers exempt from grade, size, maturity, and shipments and relieves handlers of this of Colorado Area No. 3 potatoes who are inspection requirements. regulatory burden. subject to regulation under the Some producers and handlers within This relaxation of the Area No. 3 marketing order and approximately 31 the production area are interested in handling regulation is expected to producers of Colorado potatoes in the developing new uses for fresh potatoes encourage new product development regulated area. Small agricultural using experimental varieties and packs. that could lead to market expansion, service firms are defined by the Small The Committee also anticipates that benefiting producers, handlers, buyers, Business Administration (13 CFR some handlers may want to ship and consumers. By relaxing the 121.201) as those having annual receipts traditional varieties, or experimental handling requirements on traditional of less than $5,000,000, and small varieties, for use in the manufacture or and experimental varieties and on new agricultural producers are defined as conversion into special products, or and innovative fresh potato products, those whose annual receipts are less perform the manufacture or conversion additional opportunities should be than $750,000. themselves prior to shipment. Handlers available to increase the fresh utilization Based upon information provided by are, for example, attempting to develop of Colorado potatoes. the Committee, all handlers of Area No. new special products such as fresh cut The Committee also unanimously 3 potatoes have shipped under potatoes shipped in vacuum-sealed recommended that shipments of $5,000,000 worth of potatoes during the bags. Handlers have also expressed a potatoes for livestock feed, charity, and most recent season for which numbers desire to experiment with the shipment certified seed potatoes be exempt from are available. In addition, information of potatoes of different varieties in the assessment requirements. This reported by the National Agricultural same container. Prior to this rule, this Committee recommendation was made Statistics Service was considered in was not possible because the potatoes with the intent of treating all special determining the number of large and did not meet the minimum grade purpose shipments in the same manner. small producers by acreage, production, requirement that a particular lot of As explained previously, shipments to and producer prices. According to the potatoes must have ‘‘similar’’ varietal these fresh outlets are exempt from the information provided, the average yield characteristics. grade, size, maturity, and inspection per acre was 340 hundredweight, the The Committee strongly encourages requirements. The order only regulates, average farm size was 53 acres, and the innovation that could result in the however, the shipment of potatoes season average producer price was $5.95 development of new varieties, markets, outside the State of Colorado. It is very per hundredweight for 1999 crop. This or opportunities for the expanded use of uncommon for Area No. 3 potatoes to be equates to average gross receipts to fresh forms of potato products, such as shipped for livestock feed, charity, or producers of approximately $107,200. fresh cut potatoes in vacuum-sealed certified seed outside of the State of Based on the foregoing, it can be bags, thus benefiting the Colorado Colorado. It is not expected that concluded that all handlers and the potato industry. Some of the new exempting such shipments from majority of producers of Area 3 potatoes varieties have irregular shapes or are assessments will have the effect of may be classified as small entities, small in size, and did not meet increasing shipments. Thus, this rule is excluding receipts from other sources. minimum order requirements. This expected to have little impact on This final rule exempts special prevented them from being shipped handlers or the Committee’s assessment purpose shipments of potatoes from the except under the minimum quantity income. And finally, this rule clarifies grade, size, maturity, inspection and exemption of 1,000 pounds specified in the handling regulation to indicate that assessment requirements prescribed paragraph (f) of § 948.387. Thus, special purpose shipments for canning, under the order’s handling regulations handlers were prevented from shipping freezing, and ‘‘other processing’’ are for Colorado Area No. 3 potatoes. Based larger quantities. exempt from assessments. Such on authority in §§ 948.22, 948.23, and For the purpose of this rule, the term shipments are exempt from regulation 948.24 of the order, the Committee at its ‘‘manufacture or conversion into under federal marketing orders in meeting on December 14, 2000, specified products’’ means the conformity with an amendment to the unanimously recommended that preparation of potatoes for market into Act (Public Law No. 92–233, Feb. 15, potatoes shipped for the purpose of products by peeling, slicing, dicing, 1972). experimentation and the manufacture or applying material to prevent oxidation, conversion into specified products be or other means approved by the Final Regulatory Flexibility Analysis exempt from the grade, size, maturity, Committee, but not including other Pursuant to requirements set forth in and inspection requirements of the processing. Under the prior regulation, the Regulatory Flexibility Act (RFA), the order. The Committee at its meeting on potatoes for manufacture or conversion Agricultural Marketing Service (AMS) March 8, 2001, recommended that into specified products were required to has considered the economic impact of potatoes for experimentation and the be inspected and certified as meeting this action on small entities. manufacture or conversion into the specified quality requirements prior Accordingly, the AMS has prepared this specified products be exempt from to preparation for market. final regulatory flexibility analysis. assessment requirements. It also Prior to this final rule, the handling The purpose of the RFA is to fit recommended that the regulatory text of regulations required that all potatoes regulatory actions to the scale of the applicable provisions be clarified by shipped to fresh market, with the business subject to such actions in order specifying that potatoes shipped for
VerDate 11
livestock feed, charity, and certified Reduction Act of 1995 (44 U.S.C. List of Subjects in 7 CFR Part 948 seed are exempt from assessment Chapter 35). requirements. As with all Federal marketing order Marketing agreements, Potatoes, Producers and handlers within the programs, reports and forms are Reporting and recordkeeping production area are interested in periodically reviewed to reduce requirements. developing innovative uses for fresh information requirements and For the reasons set forth in the potatoes. The Committee anticipates duplication by industry and public preamble, 7 CFR part 948 is amended as that some handlers may want to ship sector agencies. As noted in the initial follows: traditional or experimental varieties for regulatory flexibility analysis, the the manufacture or conversion of Department has not identified any PART 948—IRISH POTATOES GROWN potatoes into fresh forms such as fresh relevant Federal rules that duplicate, IN COLORADO cut french fries using experimental overlap or conflict with this final rule. In addition, the Committee’s meetings packaging and preservation methods. 1. The authority citation for 7 CFR The Committee strongly encourages were widely publicized throughout the part 948 continues to read as follows: innovation that could result in the Colorado potato industry and all development of new varieties and interested persons were invited to Authority: 7 U.S.C. 601–674. attend the meetings and participate in market opportunities for the expanded 2. In § 948.387, paragraph (d)(1) use of fresh forms of potato products, Committee deliberations on all issues. introductory text is revised, a new such as those packaged in vacuum- Like all Committee meetings, those held paragraph (d)(1)(v) is added, and in sealed bags. The relaxation of Area No. on December 14, 2000, and March 8, 3’s handling and assessment 2001, were public meetings and all paragraph (g) a new sentence is added requirements is expected to encourage entities, both large and small, were able before the last sentence to read as new product development, which to express their views on this issue. follows: A proposed rule concerning this benefits producers, handlers, buyers, § 948.387 Handling regulation. and consumers by increasing the fresh action was published in the Federal utilization of Colorado potatoes. The Register on August 2, 2001 (66 FR * * * * * changes are expected to have a positive 40155). Copies of the rule were mailed (d) * * * or sent via facsimile to all Committee economic impact on the Colorado potato (1) The grade, size, maturity and members and potato handlers. Finally, industry. inspection requirements of paragraphs As with all special purpose the rule was made available through the (a), (b), and (c) of this section and the shipments, handlers are required to Internet by the Office of the Federal apply and obtain a Certificate of Register and the Department. A 20-day assessment requirements of this part Privilege for handling such potatoes and comment period ending August 22, shall not be applicable to shipments of furnish the Committee such information 2001, was provided to allow interested potatoes for: as they may require to track shipments, persons to respond to the proposal. No * * * * * determine whether applicable comments were received. Accordingly, (v) Experimentation and the requirements have been met, and verify no changes are made to the rule as manufacture or conversion into whether proper disposition has proposed. specified products. occurred. The intent of the Committee is A small business guide on complying to keep reporting requirements to a with fruit, vegetable, and specialty crop * * * * * minimum level necessary to monitor marketing agreements and orders may (g) Definitions. * * * The term compliance while determining the be viewed at: http://www.ams.usda.gov/ manufacture or conversion into viability and extent of any changes in fv/moab.html. Any questions about the specified products means the the marketing of the area potatoes. compliance guide should be sent to Jay preparation of potatoes for market into There is no available information Guerber at the previously mentioned products by peeling, slicing, dicing, detailing how many potatoes this address in the FOR FURTHER INFORMATION applying material to prevent oxidation, relaxation will allow to be marketed. CONTACT section. or other means approved by the After consideration of all relevant During the previous growing season, committee, but not including other matter presented, including the one producer planted less than 20 acres processing. * * * of the non-traditional, experimental information and recommendation type varieties on a trial basis. No viable submitted by the Committee and other * * * * * alternatives to this action were available information, it is hereby found Dated: September 21, 2001. identified to ensure innovations in that this rule, as hereinafter set forth, Kenneth C. Clayton, marketing and product development. will tend to effectuate the declared Acting Administrator, Agricultural Marketing policy of the Act. Furthermore, the goals expressed by the Service. Committee could not be solved absent It is further found that good cause this action. exists for not postponing the effective [FR Doc. 01–24314 Filed 9–27–01; 8:45 am] The Committee estimates that two or date of this rule until 30 days after BILLING CODE 3410–02–P three handlers may apply for and obtain publication in the Federal Register (5 a Certificate of Privilege for the handling U.S.C. 553) because handlers are already of potatoes for experimentation or for shipping potatoes from the 2000–01 the manufacture or conversion into crop and handlers want to take specified products. It is estimated that advantage of the relaxed requirements the time taken by the handlers who as soon as possible. Further, handlers apply will total less than ten hours and are aware of this rule, which was this time is currently approved under recommended at two public meetings. OMB No. 0581–0178 by the Office of Also, a 20-day comment period was Management and Budget (OMB) in provided for in the proposed rule, and accordance with the Paperwork no comments were received.
VerDate 11
DEPARTMENT OF JUSTICE with an effective date of November 13, intends to hold informal briefings to 2000, implementing the above- obtain additional information necessary Immigration and Naturalization Service mentioned delegation of authority from to address the concerns of commenters the Service to the DOL. and resolve a number of issues raised 8 CFR Parts 103 and 214 On November 13, 2000, the Service at during the initial comment period on its [INS 1946–98] 65 FR 67616 published a final rule; and proposed rule. DOL at 65 FR 67628 published an Finalizing both the Service and DOL RIN 1115–AF29 interim final rule delaying the effective proposed rules is essential to the date of their respective July 13, 2000, H– effective implementation of the Service Delegation of the Adjudication of 2A rules until October 1, 2001. delegation of authority to the DOL to Certain Temporary Agricultural Worker adjudicate petitions for temporary Rulemaking Regarding Procedures for (H–2A) Petitions, Appellate and employment of nonimmigrant aliens in Processing H–2A Petitions Revocation Authority for Those the United States. Allowing the Petitions to the Secretary of Labor On July 13, 2000, and concurrently Service’s final rule to become effective AGENCY: Immigration and Naturalization with the H–2A delegation of authority without finalizing the action on the Service, Justice. rule (INS No. 1946–98), the Service proposed rule published by the DOL published a proposed rule for comment ACTION: Final rule; delay of effective would lead to administrative (INS No. 2059–00) proposing among date. uncertainty and result in confusion on other things, that all petition requests, the part of employers, agricultural SUMMARY: The Immigration and extensions of stay, and change of status workers, and other interested parties. In Naturalization Service (Service) is petitions must be filed with DOL and response to DOL’s intended actions to delaying, for the second time, the that the current Service petition fee reopen and extend the comment period effective date of a final rule previously would be collected by DOL as part of on the July 13, 2000, proposed rule and published in the Federal Register on the combined fee. their additional plans to hold informal July 13, 2000, at 65 FR 43528–43534, Concurrently with publication of INS briefings, the Service has concluded that which delegated the adjudication of No. 2059–00, the DOL published at 65 it is necessary to delay the effective date certain petitions for agricultural workers FR 43545 a companion notice of of the final rule until the rulemaking on (H–2A) to the United States Department proposed rulemaking (NPRM) setting the DOL companion proposal is of Labor (DOL). This action is necessary forth implementation measures completed. Therefore, the Service is to allow additional time for the DOL to necessary for the successful delaying the effective date of the July effectively implement the delegation of implementation of the delegation of 13, 2000, final rule until October 1, authority, develop new systems and authority to adjudicate petitions.1 2002. procedures, and to train and brief On August 17, 2000, at 65 FR 50166 the Service reopened and extended the Dated: September 25, 2001. members of the effected public and the James W. Ziglar, employment and training community in comment period for INS No. 2059–00. Commissioner, Immigration and the new systems and procedures. Also on August 17, 2000, at 65 FR 50170 the DOL reopened and extended the Naturalization Service. DATES: The effective date for the comment period on its NPRM that is a [FR Doc. 01–24331 Filed 9–25–01; 2:04 pm] regulation published on July 13, 2000, at companion to INS No. 2059–00. BILLING CODE 4410–10–P 65 FR 43528–43534, amending 8 CFR Parts 103 and 214, which was delayed Additional Information Needed Before from November 13, 2000, until October H–2A Delegation Rules Can Be DEPARTMENT OF TRANSPORTATION 1, 2001, by regulation published in the Finalized Federal Register on November 13, 2000, Commenters raised a number of issues Federal Aviation Administration at 65 FR 67616–67617, is further about the proposed rules. The delayed until October 1, 2002. comments received by the DOL as a 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: John result of the August 17, 2000, reopening [Docket No. 2001–NE–29–AD; Amendment W. Brown, Adjudications Officer, and extension of the proposed rule did 39–12446; AD 2001–19–06] Business and Trade Services Branch, not provide sufficient information to Adjudications Division, Immigration permit the DOL to draft a final rule. As RIN 2120–AA64 and Naturalization Service, 425 I Street a result, the DOL has decided to reopen Airworthiness Directives; Rolls-Royce NW., Room 3214, Washington, DC and extend the comment period on its 20536, telephone (202) 353–8177. plc Dart 525, 525F, 528, 528D, 529, proposed rule published at 65 FR 43545 529D, 530, 532, 535, 542, and 552 SUPPLEMENTARY INFORMATION: (July 13, 2000). In addition, DOL Series Turboprop Engines Rulemaking Delegating H–2A Authority 1 Among the DOL implementation measures was AGENCY: Federal Aviation to DOL and First Extension a new form, Form ETA 9079, Application for Alien Administration, DOT. On July 13, 2000, the Service Employment Certification and H–2A Petition, which consolidated two current forms, Form ETA ACTION: Final rule; request for published in the Federal Register at 65 750, Application for Alien Employment comments. FR 43528–43534 a final rule (INS No. Certification, and Service Form I–129, Petition for 1946–98) delegating to the DOL the Nonimmigrant Workers. The NPRM also set forth SUMMARY: This amendment adopts a authority to adjudicate certain H–2A the implementation of a new fee schedule to collect new airworthiness directive (AD) that is a combined fee for processing the petition and labor petitions for the temporary employment certification application. It is contemplated that applicable to Rolls-Royce plc (RR) Dart of nonimmigrant aliens in agriculture in under the administrative procedures developed by 525, 525F, 528, 528D, 529, 529D, 530, the United States. The final rule, which the Service and the Employment and Training 532, 535, 542, and 552 series turboprop amended 8 CFR parts 103 and 214, was Administration to implement the delegation of the engines. This action requires the petition authority from the Service to the DOL, the to take effect on November 13, 2000. DOL will collect the petition fee on behalf of the removal of certain part number (P/N) Also on July 13, 2000, the DOL Service and will be reimbursed by the Service for high pressure turbine (HPT) discs and published a final rule at 65 FR 43538 the costs involved in processing the H–2A petition. replacement with serviceable discs. This
VerDate 11
amendment is prompted by three corrected, could result in HPT disc amended in light of the comments reports of uncontained HPT disc failures failure, which could result in an received. Factual information that and the manufacturer’s investigation uncontained engine failure and damage supports the commenter’s ideas and into disc failure. The actions specified to the airplane. suggestions is extremely helpful in in this AD are intended to prevent HPT Bilateral Airworthiness Agreement evaluating the effectiveness of the AD disc failure, which could result in an action and determining whether uncontained engine failure and damage This engine model is manufactured in additional rulemaking action would be to the airplane. the UK, and is type certificated for needed. DATES: Effective October 15, 2001. operation in the United States under the provisions of section 21.29 of the Comments are specifically invited on Comments for inclusion in the Rules the overall regulatory, economic, Docket must be received on or before Federal Aviation Regulations (14 CFR environmental, and energy aspects of November 27, 2001. 21.29) and the applicable bilateral airworthiness agreement. Pursuant to the rule that might suggest a need to ADDRESSES: Submit comments in modify the rule. All comments triplicate to the Federal Aviation this bilateral airworthiness agreement, the CAA has kept the FAA informed of submitted will be available, both before Administration (FAA), New England and after the closing date for comments, Region, Office of the Regional Counsel, the situation described above. The FAA has examined the findings of the CAA, in the Rules Docket for examination by Attention: Rules Docket No. 2001–NE– interested persons. A report that 29–AD, 12 New England Executive Park, reviewed all available information, and summarizes each FAA-public contact Burlington, MA 01803–5299. Comments determined that AD action is necessary concerned with the substance of this AD may also be sent via the Internet using for products of this type design that are will be filed in the Rules Docket. the following address: ‘‘9-ane- certificated for operation in the United [email protected]’’. Comments sent States. Commenters wishing the FAA to via the Internet must contain the docket FAA’s Determination of an Unsafe acknowledge receipt of their comments number in the subject line. The service Condition and Proposed Actions submitted in response to this action information referenced in this AD may must submit a self-addressed, stamped be obtained from Rolls-Royce plc, P.O. Since an unsafe condition has been postcard on which the following Box 31 Derby, DE24 8BJ, United identified that is likely to exist or statement is made: ‘‘Comments to Kingdom; telephone 011–44–1332– develop on other Rolls-Royce plc Dart Docket Number 2001–NE–29–AD.’’ The 242424; fax 011–44–1332–249936. This 525, 525F, 528, 528D, 529, 529D, 530, postcard will be date stamped and information may be examined at the 532, 535, 542, and 552 series turboprop returned to the commenter. FAA, New England Region, Office of the engines of the same type design, this AD Regional Counsel, 12 New England is being issued to prevent HPT disc Regulatory Impact failure, which could result in an Executive Park, Burlington, MA; or at This final rule does not have the Office of the Federal Register, 800 uncontained engine failure and damage to the airplane. This AD requires the federalism implications, as defined in North Capitol Street, NW., suite 700, Executive Order 13132, because it Washington, DC. scheduled replacement of HPT discs of the affected design with serviceable would not have a substantial direct FOR FURTHER INFORMATION CONTACT: discs. The cycles and calendar dates of effect on the States, on the relationship Keith Mead, Aerospace Engineer, the replacement schedule are based on between the national government and Engine Certification Office, FAA, Engine risk analysis and the need for owners/ the States, or on the distribution of and Propeller Directorate, 12 New operators to have an adequate length of power and responsibilities among the England Executive Park, Burlington, MA time to accomplish this AD. various levels of government. 01803–5299; telephone (781) 238–7744; Accordingly, the FAA has not consulted fax (781) 238–7199. Immediate Adoption of This AD with state authorities prior to SUPPLEMENTARY INFORMATION: The Civil Since a situation exists that requires publication of this final rule. Aviation Authority (CAA), which is the the immediate adoption of this The FAA has determined that this airworthiness authority for the United regulation, it is found that notice and regulation is an emergency regulation Kingdom (UK), recently notified the opportunity for prior public comment that must be issued immediately to FAA that an unsafe condition may exist hereon are impracticable, and that good correct an unsafe condition in aircraft, on RR Dart 525, 525F, 528, 528D, 529, cause exists for making this amendment and is not a ‘‘significant regulatory 529D, 530, 532, 535, 542, and 552 series effective in less than 30 days. action’’ under Executive Order 12866. It turboprop engines. The CAA advises that three reports of uncontained HPT Comments Invited has been determined further that this disc failures have occurred on in-service Although this action is in the form of action involves an emergency regulation engines. The results of an investigation a final rule that involves requirements under DOT Regulatory Policies and reveal that fretting, wear, and open affecting flight safety and, thus, was not Procedures (44 FR 11034, February 26, clearance between the HPT disc preceded by notice and an opportunity 1979). If it is determined that this diaphragm seal arm and intermediate for public comment, comments are emergency regulation otherwise would pressure turbine (IPT) disc diaphragm invited on this rule. Interested persons be significant under DOT Regulatory seal arm can result in a high-response are invited to comment on this rule by Policies and Procedures, a final disc vibration mode, which results in submitting such written data, views, or regulatory evaluation will be prepared high-cycle-fatigue (HCF) fractures in the arguments as they may desire. and placed in the Rules Docket. A copy HPT disc. The manufacturer, through Communications should identify the of it, if filed, may be obtained from the testing, has shown that by adding an Rules Docket number and be submitted Rules Docket at the location provided interference fit between the HPT and in triplicate to the address specified under the caption ADDRESSES. IPT seal arms, the discs become under the caption ADDRESSES. All List of Subjects in 14 CFR Part 39 effectively preloaded against each other, communications received on or before significantly reducing disc diaphragm the closing date for comments will be Air transportation, Aircraft, Aviation vibratory stresses. This condition, if not considered, and this rule may be safety, Safety.
VerDate 11
Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40113, 44701. 7H, 529D–7H, 529–8E, 529D–8E, 529–8H, 529D–8H, 529–8X, 529D–8X, 529–8Y, 529D– Accordingly, pursuant to the § 39.13 [Amended] 8Y, 529–8Z, 529D–8Z, 530, 532–7, 532–7L, authority delegated to me by the 2. Section 39.13 is amended by 532–7N, 532–7P, 532–7R, 535–2, 535–7R, Administrator, the Federal Aviation 542–10, 542–10J, 542–10K, 542–4, 542–4K, Administration amends part 39 of the adding the following new airworthiness directive: 552–2, 552–7, 552–7R series turbofan engines Federal Aviation Regulations (14 CFR that contain high pressure turbine (HPT) part 39) as follows: 2001–19–06 Rolls-Royce plc: Amendment discs having the part numbers listed in the 39–12446. Docket 2001–NE–29–AD. following Table 1: PART 39—AIRWORTHINESS DIRECTIVES Applicability This airworthiness directive (AD) is 1. The authority citation for part 39 applicable to Rolls-Royce Dart 525, 525F, continues to read as follows: 528–7E, 528D–7E, 529–7E, 529D–7E, 529–
TABLE 1.—PART NUMBERS OF APPLICABLE HPT DISCS
ARK49431 ARK49434 ARK49437 A.RK50111 A.RK50120 A.RK50121 BRK49431 BRK49434 BRK49437 B.RK50111 B.RK50120 B.RK50121 CRK49431 CRK49434 CRK49437 C.RK50111 C.RK50120 C.RK50121 RK33092 RK33097 RK33099 RK33104 RK33114 RK33117 RK33119 RK33122 RK33125 RK33130 RK33131 RK33214 RK33466 RK33499 RK34206 RK34207 RK34208 RK34209 RK34210 RK34211 RK34212 RK34213 RK34671 RK34674 RK36477 RK36479 RK36481 RK36483 RK36485 RK36487 RK36489 RK36491 RK38592 RK38593 RK38594 RK38595 RK40712 RK40713 RK40714 RK40715 RK40716 RK40717 RK40718 RK40719 RK40720 RK40721 RK40722 RK40723 RK40724 RK40725 RK40726 RK40727 RK43749 RK43750 RK43751 RK44112 RK44113 RK44114 RK44115 RK44116 RK44117 RK44118 RK44119 RK44120 RK44121 RK44122 RK44123 RK44124 RK44125 RK44126 RK44127 RK44310 RK44311 RK44312 RK44328 RK44342 RK44374 RK44397 RK45565 RK46136 RK46485 RK46486 RK46487 RK46488 RK46489 RK46490 RK46491 RK46492 RK46493 RK46494 RK46495 RK46496 RK46497 RK46498 RK46499 RK46531 RK46828 RK48339 RK49121 RK49209 RK49210 RK49211 RK49431 RK49434 RK49437 RK50111 RK50120 RK50121
These engines are installed on, but not provision, regardless of whether it has been been eliminated, the request should include limited to BAC Viscount Type 810 aircraft, modified, altered, or repaired in the area specific proposed actions to address it. Fokker F.27 Friendship Mark 200, 400, 500, subject to the requirements of this AD. For and 600 series aircraft, Maryland Air engines that have been modified, altered, or Compliance Industries, Inc. Fairchild F–27A, F, G, M, J, repaired so that the performance of the Compliance with this AD is required as FH–227, FH–227B, C, D, and E series aircraft, requirements of this AD is affected, the indicated, unless already done. Gulfstream Aerospace Model G–159 aircraft, owner/operator must request approval for an To prevent HPT disc failure, which could BAE SYSTEMS (Operations) Limited HS 748 alternative method of compliance in result in an uncontained engine failure and series aircraft, Mitsubishi Heavy Industries, accordance with paragraph (d) of this AD. damage to the airplane, do the following: Ltd. YS–11 series aircraft, and Convair The request should include an assessment of (a) Remove from service the discs listed by CV600/640 series aircraft. the effect of the modification, alteration, or part number in Table 1 of this AD, in Note 1: This AD applies to each engine repair on the unsafe condition addressed by accordance with the following Table 2 of this identified in the preceding applicability this AD; and, if the unsafe condition has not AD:
TABLE 2.—REMOVAL SCHEDULE
If: Then:
(1) Engine is fitted with a listed HPT disc with more than 15,000 cycles Remove from service and replace with a serviceable disc within 300 since new (CSN) on effective date of this AD. cycles or before June 30, 2002, whichever occurs earlier. (2) Engine is fitted with a listed HPT disc that has 12,000 CSN to Remove from service and replace with a serviceable disc within 600 15,000 CSN on effective date of this AD. cycles or before June 30, 2002, whichever occurs earlier. (3) Engine is fitted with a listed HPT disc that has 9,000 to 11,999 CSN Remove from service and replace with a serviceable disc within 900 on effective date of this AD. cycles. (4) Engine is fitted with a listed HPT disc that has more than 6,000 Before further flight, remove from service and replace with a service- CSN as of June 30, 2003. able disc. (5) Engine is fitted with a listed HPT disc as of June 30, 2004 ...... Before further flight, remove from service and replace with a service- able disc.
VerDate 11
(b) Remove from service any discs, listed Class B airspace. The area would be significant economic impact on a by part number in Table 1 of this AD, from depicted on aeronautical charts for pilot substantial number of small entities engines that are returned for a shop visit for reference. under the criteria of the Regulatory any reason. EFFECTIVE DATE: 0901 UTC December 27, Flexibility Act. Definitions 2001. List of Subjects in 14 CFR Part 71 (c) For the purpose of this AD, a FOR FURTHER INFORMATION CONTACT: Mr. serviceable disc is one whose P/N is not Airspace, Incorporation by reference, Francis Jordan, Airspace Specialist, Navigation (air). listed in Table 1 of this AD. Information on Airspace Branch, AEA–520, Air Traffic the reworking of affected discs into Adoption of the Amendment serviceable discs is specified in Rolls-Royce Division, Eastern Region, Federal Dart Service Bulletin Da72–533 Revision 2, Aviation Administration, 1 Aviation In consideration of the foregoing, the dated July 25, 2001. Plaza, Jamaica, New York 11434–4809, Federal Aviation Administration telephone: (718) 553–4521. Alternative Methods of Compliance amends 14 CFR part 71 as follows: SUPPLEMENTARY INFORMATION: (d) An alternative method of compliance or PART 71—[AMENDED] adjustment of the compliance time that History provides an acceptable level of safety may be On April 18, 2001 a document 1. The authority citation for 14 CFR used if approved by the Manager, Engine Part 71 continues to read as follows: Certification Office (ECO). Operators must proposing to amend Part 71 of the submit their requests through an appropriate Federal Aviation Regulations (14 CFR Authority: 49 U.S.C. 106(g), 40103, 40113, FAA Principal Maintenance Inspector, who Part 71) by extending Class D airspace 40120; EO 10854, 24 FR 9565, CFR, 1959– may add comments and then send it to the upward to, but not including 3000 feet 1963 Comp., p. 389. Manager, ECO. Above Ground Level (AGL) at 2. The incorporation by reference in Note 2: Information concerning the Westchester County Airport, White 14 CFR 71.1 of Federal Aviation existence of approved alternative methods of Plains, NY, was published in the Administration Order 7400.9J, Airspace compliance with this airworthiness directive, Federal Register (66 FR 19907). Designations and Reporting Points, if any, may be obtained from the ECO. Interested parties were invited to dated August 31, 2001, and effective Special Flight Permits participate in this rulemaking September 16, 2001, is amended as (e) Special flight permits may be issued in proceeding by submitting written follows: accordance with sections 21.197 and 21.199 comments on the proposal to the FAA. Paragraph 5000 Class D airspace areas of the Federal Aviation Regulations (14 CFR No comments to the proposal were extending upward from the surface of the 21.197 and 21.199) to operate the airplane to received. The rule is adopted as a location where the requirements of this AD proposed. The coordinates for this earth. can be accomplished. airspace docket are based on North AEA NY D White Plains, NY [Revised] Note 3: The subject of this AD is addressed American Datum 83. Class D airspace Westchester County Airport, White Plains, in Civil Airworthiness Authority areas designations for airspace NY airworthiness directive AD 007–02–2001, extending upward from the surface are (Lat. 41°04′01″N., long. 73°42′27″W.) dated April 12, 2001. published in Paragraph 5000 of FAA That airspace extending upward from the Effective Date of this AD Order 7400.9J, dated August 31, 2001 surface to but not including 3,000 feet MSL within a 4.1 mile radius of the Westchester (f) This amendment becomes effective on and effective September 16, 2001. The Class D airspace designation listed in County Airport. This Class D airspace is October 15, 2001. effective during specific dates and times this document will be published in the established in advance by a Notice to Issued in Burlington, Massachusetts, on order. September 20, 2001. Airmen. The effective date and time will thereafter be continuously published in the Jay J. Pardee, The Rule Airport/Facility Directory. Manager, Engine and Propeller Directorate, This amendment to Part 71 of the Aircraft Certification Service. Federal Aviation Regulations (14 CFR Issued in Jamaica, New York on September [FR Doc. 01–24271 Filed 9–27–01; 8:45 am] Part 71) provides controlled Class D 13, 2001. BILLING CODE 4910–13–P airspace extending upward from the Richard J. Ducharme, surface of the earth to 3000 feet AGL for Assistant Manager, Air Traffic Division, aircraft conducting IFR operations at Eastern Region. DEPARTMENT OF TRANSPORTATION Westchester County Airport, White [FR Doc. 01–23939 Filed 9–27–01; 8:45 am] Federal Aviation Administration Plains, NY. BILLING CODE 4910–13–M The FAA has determined that this 14 CFR Part 71 regulation only involves an established body of technical regulations for which DEPARTMENT OF TRANSPORTATION [Airspace Docket No. 01–AEA–05FR] frequent and routine amendments are Federal Aviation Administration necessary to keep them operationally Amendment of Class D Airspace; current. Therefore, this regulation: (1) Is 14 CFR Part 71 White Plains, NY not a ‘‘significant regulatory action’’ AGENCY: Federal Aviation under Executive Order 12866; (2) is not [Airspace Docket No. 01–AEA–16FR] Administration (FAA), DOT. a ‘‘significant rule’’ under DOT Establishment of Class E Airspace; ACTION: Final rule. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) Coudersport, PA SUMMARY: This action amends Class D does not warrant preparation of a AGENCY: Federal Aviation airspace at Westchester County Airport, Regulatory Evaluation as the anticipated Administration (FAA), DOT. White Plains, NY. This action is impact is so minimal. Since this is a ACTION: Final rule. necessary to insure continuous altitude routine matter that will only affect air coverage for Instrument Flight Rules traffic procedures and air navigation it SUMMARY: This action establishes Class operations to the base of the overlying is certified that this rule will not have E airspace at Coudersport, PA.
VerDate 11
Development of an Area Navigation current. Therefore, this regulation: (1) is DEPARTMENT OF TRANSPORTATION (RNAV), Helicopter RNAV343 not a ‘‘significant regulatory action’’ approach, for the Charles Cole Memorial under Executive Order 12866; (2) is not Federal Aviation Administration Hospital Heliport, Coudersport, PA has a ‘‘significant rule’’ under DOT made this action necessary. Controlled Regulatory Policies and Procedures (44 14 CFR Part 71 airspace extending upward from 700 FR 11034; February 26, 1979); and (3) feet Above Ground Level (AGL) is does not warrant preparation of a [Airspace Docket No. 01–AEA–17FR] needed to contain aircraft executing the Regulatory Evaluation as the anticipated approach to the Charles Cole Memorial impact is so minimal. Since this is a Establishment of Class E Airspace; Sharon, PA Hospital Heliport. routing matter that will only affect air EFFECTIVE DATE: 0901 UTC December 27, traffic procedures and air navigation it AGENCY: Federal Aviation 2001. is certified that this rule will not have Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Mr. significant economic impact on a ACTION: Final rule. Francis Jordan, airspace Specialist, substantial number of small entities Airspace Branch, AEA–520, air Traffic under the criteria of the Regulatory SUMMARY: This action establishes Class Division, Eastern Region, Federal Flexibility Act. E airspace at Sharon, PA, Development Aviation Administration, 1 Aviation of an Area Navigation (RNAV), Plaza, Jamaica, New York 11434–4809, List of Subjects in 14 CFR Part 71 Helicopter RNAV262 approach, for the telephone: (718) 553–4521. Airspace, Incorporation by reference, Shenango-UMPC Horizon Hospital SUPPLEMENTARY INFORMATION: Navigation (air). Heliport, Sharon, PA has made this History action necessary. Controlled airspace Adoption of the Amendment extending upward from 700 feet Above On May 29, 2001 a document Ground Level (AGL) is needed to proposing to amend part 71 of the In consideration of the foregoing, the contain aircraft executing the approach Federal Aviation Regulations (14 CFR Federal Aviation Administration to the Shenango-UMPC Horizon part 71) by establishing Class E airspace amends 14 CFR part 71 as follows: Hospital Heliport. extending upward from 700 feet Above EFFECTIVE DATE: 0901 UTC December 27, Ground Level (AGL) for an RNAV, PART 71—[AMENDED] 2001. Helicopter RNAV343 approach to the Charles Cole Memorial Hospital 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: Mr. Heliport, Coudersport was published in Part 71 continues to read as follows: Francis Jordan, Airspace Specialist, Airspace Branch, AEA–520, Air Traffic the Federal Register (66 FR 29058– Authority: 49 U.S.C. 106(g), 40103, 40113, 29059). Interested parties were invited Division, Eastern Region, Federal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, 1 Aviation to participate in this rulemaking 1963 Comp., p. 389. proceeding by submitting written Plaza, Jamaica, New York 11434–4809, comments on the proposal to the FAA § 71.1 [Amended] telephone: (718) 553–4521. on or before June 28, 2001. No SUPPLEMENTARY INFORMATION: 2. The incorporation by reference in comments to the proposal were History received. The rule is adopted as 14 CFR 71.1 of Federal Aviation proposed. The coordinates for this Administration Order 7400.9J, Airspace On June 11, 2001 a document airspace docket are based on North Designations and Reporting Points, proposing to amend Part 71 of the American Datum 83. Class E airspace dated August 31, 2001, and effective Federal Aviation Regulations (14 CFR areas designations for airspace September 16, 2001, is amended as Part 71) by establishing Class E airspace extending upward from 700 feet or more follows: extending upward from 700 feet above Ground Level (AGL) for an RNAV, above the surface of the earth are Paragraph 6005 class E airspace areas Helicopter RNAV262 approach to the published in paragraph 6005 of FAA extending upward from 700 feet or more Shenango-UMPC Horizon Hospital Order 7400.9J, dated August 31, 2001 above the surface of the earth. and effective September 16, 2001, which Heliport, Sharon, PA was published in is incorporated by reference in 14 CFR * * * * * the Federal Register (66 FR 31196– 71.1. The Class E airspace designation AEA PA E5 Coudersport [NEW] 31197). Interested parties were invited to participate in this rulemaking listed in this document will be Charles Cole Memorial Hospital Heliport, proceeding by submitting written published in the Order. PA(lat. 41°46′17″N., long. 77°58′46″W.) comments on the proposal to the FAA The Rule That airspace extending upward from 700 on or before July 11, 2001. No comments This amendment to part 71 of the feet above the surface within a 6 mile radius to the proposal were received. The rule Federal Aviation Regulations (14 CFR of the Charles Cole Memorial Hospital is adopted as proposed. The coordinates part 71) provides controlled Class E Heliport excluding that airspace within the for this airspace docket are based on airspace extending upward from 700 Galeton, PA, Class E5 Airspace area. North American Datum 83. Class E feet above the surface for aircraft Issued in Jamaica, New York on September airspace areas designations for airspace conducting Instrument Flight Rules 13, 2001. extending upward from 700 feet or more (IFR) operations at the Charles Cole Richard J. Ducharme, above the surface of the earth are Memorial Hospital Heliport, Assistant Manager, Air Traffic Division, published in paragraph 6005 of FAA Couderport, PA. Eastern Region. Order 7400.9J, dated August 31, 2001 The FAA has determined that this [FR Doc. 01–23937 Filed 9–27–01; 8:45 am] and effective September 16, 2001, which regulation only involves an established is incorporated by reference in 14 CFR body of technical regulations for which BILLING CODE 4910–13–M 71.1. The Class E airspace designation frequent and routine amendments are listed in this document will be necessary to keep them operationally published in the order.
VerDate 11
The Rule Issued in Jamaica, New York on September 71.1. The Class E airspace designation 13, 2001. This amendment to Part 71 of the listed in this document will be Richard J. Ducharme, Federal Aviation Regulations (14 CFR published in the Order. Part 71) provides controlled Class E Assistant Manager, Air Traffic Division, Eastern Region. The Rule airspace extending upward from 700 This amendment to Part 71 of the feet above the surface for aircraft [FR Doc. 01–23938 Filed 9–27–01; 8:45 am] Federal Aviation Regulations (14 CFR conducting Instrument Flight Rules BILLING CODE 4910–13–M Part 71) provides controlled Class E (IFR) operations at the Shenango-UMPC airspace extending upward from 700 Horizon Hospital Heliport, Sharon, PA. DEPARTMENT OF TRANSPORTATION feet above the surface for aircraft The FAA has determined that this conducting IFR operations at the regulation only involves an established Federal Aviation Administration Stafford Regional Airport, Stafford, VA. body of technical regulations for which The FAA has determined that this frequent and routine amendments are 14 CFR Part 71 necessary to keep them operationally regulation only involves an established current. Therefore, this regulation: (1) Is [Airspace Docket No. 01–AEA–20FR] body of technical regulations for which not a ‘‘significant regulatory action’’ frequent and routine amendments are Establishment of Class E Airspace: under Executive Order 12866; (2) is not necessary to keep them operationally Stafford, VA a ‘‘significant rule’’ under DOT current. Therefore, this regulation (1) Is not a ‘‘significant regulatory action’’ Regulatory Policies and Procedures (44 AGENCY: Federal Aviation FR 11034; February 26, 1979); and (3) under Executive Order 12866; (2) is not Administration (FAA) DOT. a ‘‘significant rule’’ under DOT does not warrant preparation of a ACTION: Final rule. Regulatory Evaluation as the anticipated Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) impact is so minimal. Since this is a SUMMARY: This action establishes Class does not warrant preparation of a routine matter that will only affect air E airspace at Stafford, VA. Controlled Regulatory Evaluation as the anticipated traffic procedures and air navigation it airspace extending upward from the impact is so minimal. Since this is a is certified that this rule will not have surface is needed to accommodate routine matter that will only affect air significant economic impact on a flights operating into Stafford Regional traffic procedures and air navigation, it substantial number of small entities Airport under Instrument Flight Rules is certified that this rule will not have under the criteria of the Regulatory (IFR). Flexibility Act. significant economic impact on a EFFECTIVE DATE: 0901 UTC December 27, substantial number of small entities List of Subjects in 14 CFR Part 71 2001. under the criteria of the Regulatory Airspace, Incorporation by reference, FOR FURTHER INFORMATION CONTACT: Mr. Flexibility Act. Navigation (air). Francis Jordan, Airspace Specialist, List of Subjects in 14 CFR Part 71 Airspace Branch, AEA–520, Air Traffic Adoption of the Amendment Division, Eastern Region, Federal Airspace, Incorporation by reference, Navigation (air). In consideration of the foregoing, the Aviation Administration, 1 Aviation Federal Aviation Administration Plaza, Jamaica, New York 11434–4809, Adoption of the Amendment amends 14 CFR part 71 as follows: telephone: (718) 553–4521. SUPPLEMENTARY INFORMATION: In consideration of the foregoing, the PART 71—[AMENDED] Federal Aviation Administration History amends 14 CFR part 71 as follows: 1. The authority citation for 14 CFR On July 24, 2001, a document Part 71 continues to read as follows: proposing to amend Part 71 of the PART 71—[AMENDED] Authority: 49 U.S.C. 106(g), 40103, 40113, Federal Aviation Regulations (14 CFR 1. The authority citation for 14 CFR 40120; EO 10854, 24 FR 9565, 3 CFR 1959– Part 71) by establishing Class E airspace Part 71 continues to read as follows: 1963 Comp., p. 389. extending upward from 700 feet above Authority: 49 U.S.C. 106(g), 40103, 40113, § 71.1 [Amended] the surface within a 6.2 mile radius of the Stafford Regional Airport, Stafford, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. 2. The incorporation by reference in VA was published in the Federal 14 CFR 71.1 of Federal Aviation Register (66 FR 38385–38386). § 71.1 [Amended] Administration Order 7400.9J, Airspace Interested parties were invited to 2. The incorporation by reference in Designations and Reporting Points, participate in this rulemaking 14 CFR 71.1 of Federal Aviation dated August 31, 2001 effective proceeding by submitting written Administration Order 7400.9J, Airspace September 16, 2001, is amended as comments on the proposal to the FAA Designations and Reporting Points, follows: on or before August 23, 2001. No dated August 31, 2001 and effective comments to the proposal were Paragraph 6005 Class E airspace areas September 16, 2001, is amended as extending upward from 700 feet or more received. The rule is adopted as follows: above the surface of the earth. proposed. The coordinates for this Paragraph 6005 Class E Airspace Areas AEA PA E5, Sharon, PA [NEW] airspace docket are based on North American Datum 83. Class E airspace extending upward from 700 feet or more Shenago-UMPC Horizon Hospital Heliport above the surface of the earth. (lat. 42° 12′19″N., long. 80°28′05″W.) areas designations for airspace Point in Space Coordinates extending upward from 700 feet or more AEA VA E5 Stafford, VA [New] (lat. 41° 13′29″N., long. 80°28′10″W.) above the surface of the earth are Stafford Community Airport ° ′ ″ ° ′ ″ That airspace extending upward from 700 published in paragraph 6005 of FAA (Lat. 38 23 53 N., long. 77 27 26 W.) feet above the surface within a 6 mile radius Order 7400.9J, dated August 31, 2001 That airspace extending upward from 700 of the Shenango-UMPC Horizon Hospital and effective September 16, 2001, which feet above the surface within a 6.2 mile Heliport. is incorporated by reference in 14 CFR radius of the Stafford Regional Airport,
VerDate 11
Stafford, VA excluding Special Use Airspace Order 7400.9J, dated August 31, 2001 STARG OM (SUA). and effective September 16, 2001. The (lat. 40° 29′ 15″N., long. 80° 22′ 14″W.) Issued in Jamaica, New York on September Class E airspace designation listed in That airspace extending upward from 700 13, 2001. this document will be published in the feet above the surface within a 7.9 mile radius of Greater Pittsburgh International Richard J. Ducharme, order. Airport and within 3.1 miles each side of the Assistant Manager, Air Traffic Division, The Rule Greater Pittsburgh International Airport Eastern Region. This amendment to Part 71 of the Runway 10R localizer course extending from [FR Doc. 01–23941 Filed 9–27–01; 8:45 am] the 7.9 mile radius to 5.7 miles west of the Federal Aviation Regulations (14 CFR BILLING CODE 4910–13–M STARG OM and within a 8.5 mile radius of Part 71) provides controlled Class E Allegheny County Airport. airspace extending upward from 700 feet above the surface of the earth for Issued in Jamaica, New York on September DEPARTMENT OF TRANSPORTATION 10, 2001. aircraft conducting IFR operations at F.D. Hatfield, Federal Aviation Administration Greater Pittsburgh International Airport and Allegheny County Airport, Manager, Air Traffic Division, Eastern Region. 14 CFR Part 71 Pittsburgh, PA. [FR Doc. 01–23942 Filed 9–27–01; 8:45 am] The FAA has determined that this BILLING CODE 4910–13–M [Airspace Docket No. 01–AEA–19FR] regulation only involves an established Amendment to Class E Airspace; body of technical regulations for which Pittsburgh, PA frequent and routine amendments are DEPARTMENT OF COMMERCE necessary to keep them operationally AGENCY: Federal Aviation current. Therefore, this regulation: (1) Is Bureau of Export Administration Administration (FAA), DOT. not a ‘‘significant regulatory action’’ ACTION: Final rule. under Executive Order 12866; (2) is not 15 CFR Parts 736, 738, 740, 742, 745, a ‘‘significant rule’’ under DOT 770, and 774 SUMMARY: This action amends Class E Regulatory Policies and Procedures (44 [Docket No. 010914228–1228–01] airspace at Pittsburgh, PA. This action is FR 11034; February 26, 1979); and (3) necessary to insure continuous coverage does not warrant preparation of a RIN 0694–AC43 for Instrument Flight Rules (IFR) Regulatory Evaluation as the anticipated operations to the Pittsburgh impact is so minimal. Since this is a Revisions and Clarifications to the International and Allegheny County routine matter that will only affect air Export Administration Regulations— Airports. The affected airspace will be traffic procedures and air navigation it Chemical and Biological Weapons depicted on aeronautical charts for pilot is certified that this rule will not have Controls: Australia Group; Chemical reference. significant economic impact on a Weapons Convention EFFECTIVE DATE: substantial number of small entities 0901 UTC November 1, AGENCY: Bureau of Export under the criteria of the Regulatory 2001. Administration, Commerce. FOR FURTHER INFORMATION CONTACT: Flexibility Act. Mr. ACTION: Final rule. Francis Jordan, Airspace Specialist, List of Subjects in 14 CFR Part 71 Airspace Branch, AEA–520, Air Traffic SUMMARY: Airspace, Incorporation by reference, The Bureau of Export Division, Eastern Region, Federal Navigation (air). Administration (BXA) is amending the Aviation Administration, 1 Aviation Export Administration Regulations Plaza, Jamaica, New York 11434–4809, Adoption of the Amendment (EAR) to implement the understandings telephone: (718) 553–4521. reached at the October 2000 plenary In consideration of the foregoing, the meeting of the Australia Group (AG). SUPPLEMENTARY INFORMATION: Federal Aviation Administration This final rule amends the Commerce amends 14 CFR part 71 as follows: History Control List (CCL) and the On July 24, 2001 a document PART 71—[AMENDED] corresponding export licensing proposing to amend Part 71 of the provisions in the EAR to authorize Federal Aviation Regulations (14 CFR 1. The authority citation for 14 CFR exports, without a license, to State Part 71) by expanding Class E airspace Part 71 continues to read as follows: Parties to the Chemical Weapons extending upward from 700 feet Above Authority: 149 U.S.C. 106(g), 40103, 40113, Convention (CWC) of medical, Ground Level (AGL) at Greater 40120; E.O. 10854, 24 FR 9565, 3. analytical, diagnostic, and food testing Pittsburgh International Airport, and kits containing small quantities of AG- Allegheny County Airport, PA was 2. The incorporation by reference in controlled chemicals that are also published in the Federal Register (66 FR 14 CFR 71.1 of Federal Aviation identified on CWC Schedule 2 or 3, 38386–38387). Interested parties were Administration Order 7400.9J, Airspace provided that they meet certain criteria. invited to participate in this rulemaking Designations and Reporting Points, An export license for these kits is still proceeding by submitting written dated August 31, 2001, and effective required for anti-terrorism (AT) reasons comments on the proposal to the FAA. September 16, 2001, is amended as or for other reasons specified in the EAR No comments to the proposal were follows: (e.g., embargoes). This rule also amends received. The rule is adopted as Paragraph 5000 Class E airspace areas the CCL to implement a new AG policy proposed. The coordinates for this extending upward from 700 feet or more on mixtures containing certain AG- airspace docket are based on North above the surface of the earth. controlled chemicals. Mixtures American Datum 83. Class E airspace AEA PA E5, Pittsburgh, PA [REVISED] containing less than 30 percent by areas designations for airspace Greater Pittsburgh International Airport weight (previously 25 percent or less) of extending upward from 700 feet or more (lat. 40° 29′ 29″N., long. 80° 13′ 57″W.) any single AG-controlled chemical above the surface of the earth are Allegheny County Airport generally may be exported without a published in Paragraph 6005 of FAA (lat. 40° 21′ 16″N., long. 79° 55′ 48″W. license, unless the controlled chemical
VerDate 11
is also: (1) A CWC Schedule 1 chemical the annual plenary meeting of the 1C350, as described in the License or (2) a CWC Schedule 2 chemical Australia Group (AG) chemical and Requirements Note that applies to destined for a State not Party to the biological weapons nonproliferation mixtures containing chemicals CWC. However, exports of these control regime that was held in Paris on controlled by that ECCN, continue to be mixtures to certain destinations October 2–5, 2000. The Australia Group controlled to certain destinations under continue to require a license for AT is a multilateral forum, consisting of 32 ECCN 1C995 for AT reasons. This final reasons or for other reasons specified in participating countries, that maintains rule revises Note 2 in the License the EAR (e.g., embargoes). export controls on a list of chemicals, Requirements section of ECCN 1C350 to In addition, this final rule amends the biological agents, and related equipment reflect the new AG understanding on CCL to clarify controls on certain and technology that could be used in a mixtures. graphite-lined chemical manufacturing chemical or biological weapons A license continues to be required for equipment, to revise controls on program. The AG periodically reviews exports, to States not Party to the CWC, centrifugal separators, and to establish a items on its control list to enhance the of mixtures that contain more than 10 new minimum size threshold for the effectiveness of participating percent of any single AG-controlled control of heat exchangers and governments’ national controls and to CWC Schedule 2 chemical. A license is condensers. Furthermore, this rule achieve greater harmonization among also still required to export mixtures amends the EAR by adding Cyprus and these controls. containing AG-controlled CWC Turkey to Country Group A:3, which At the October 2000 AG plenary Schedule 1 chemicals, regardless of the identifies the countries that participate meeting, participants reached an concentration, unless the mixture in the Australia Group, thereby understanding that it was permissible to contains less than 0.5 percent aggregate eliminating license requirements for allow exports, without a license, to State quantities of Schedule 1 chemicals as exports and reexports of certain AG- Parties to the Chemical Weapons unavoidable by-products or impurities controlled items to these two countries. Convention (CWC) (destinations listed (i.e., the Schedule 1 chemicals have not This rule also amends the CWC- in Supplement No. 2 to part 745 of the been intentionally produced or added). related provisions in the EAR to clarify EAR) of medical, analytical, diagnostic, The October 2000 AG plenary meeting the export license requirements and and food testing kits containing small also resulted in understandings to policies for certain toxic chemicals and quantities of AG-controlled chemicals establish a new minimum size threshold precursors listed in the Schedules of that also are identified as Schedule 2 or for the control of heat exchangers and Chemicals contained within the Annex 3 chemicals under the CWC, provided condensers, to clarify controls on on Chemicals to the CWC. Specifically, that the kits: (1) Are pre-packaged certain graphite-lined equipment, and to this rule revises certain CWC-related materials of defined composition, (2) are revise controls on centrifugal separators. provisions in the EAR to clarify BXA’s specifically developed, packaged, and This final rule implements these changes by revising the List of Items export license requirements and policies marketed for diagnostic, analytical, or Controlled in ECCNs 2B350 and 2B352. in light of the CWC prohibition on public health purposes, and (3) contain no more than 300 grams of any single Specifically, this rule revises ECCN retransfers of Schedule 1 chemicals to 2B350.d to establish a minimum size third countries and the CWC prohibition AG-controlled chemical. This final rule implements the AG control threshold for the heat transfer on exports of Schedule 2 chemicals to understanding on kits by amending the surface area of heat exchangers and States not Party to the CWC that took License Requirements section of Export condensers. This ECCN now controls effect on April 29, 2000. Finally, this Control Classification Number (ECCN) heat exchangers or condensers with a rule updates the list of countries that are 1C350 on the Commerce Control List heat transfer surface area of less than 20 currently States Parties to the CWC by (CCL) to add a new Note 4 that excludes m2, but greater than 0.15 m2, where all adding the following countries: such test kits from the scope of this surfaces that come in direct contact with Azerbaijan, Colombia, Dominica, ECCN. These kits are now controlled the chemical(s) being processed are Eritrea, Gabon, Jamaica, Kazakhstan, under ECCN 1C995, where they made from certain listed materials. This Kiribati, Liechtenstein, Malaysia, continue to require a license to States rule also revises ECCN 2B350 to clarify Mozambique, Nicaragua, San Marino, not Party to the CWC for ‘‘CW’’ reasons that certain heat exchangers or the United Arab Emirates, Yemen, the and to certain destinations for ‘‘AT’’ condensers (2B350.d.4), distillation or Federal Republic of Yugoslavia (Serbia reasons. This rule also revises section absorption columns (2B350.e.4), multi- and Montenegro), and Zambia. 742.18 of the EAR to include a walled piping (2B350.h.4), and pumps DATES: This rule is effective September description of the license requirements (2B350.i.6) are controlled under this 28, 2001. and licensing policies that apply to entry if all surfaces that come in direct FOR FURTHER INFORMATION CONTACT: exports of test kits controlled by ECCN contact with the chemical being James Seevaratnam, Office of Chemical 1C995 to States not Party to the CWC. processed are made of carbon-graphite. and Biological Controls and Treaty Participants at the October 2000 AG A technical note is added to ECCN Compliance, Bureau of Export plenary meeting also reached an 2B350 to define ‘‘carbon-graphite’’ as a Administration, Telephone: (202) 501– understanding on a rule governing composition consisting primarily of 7900. exports of mixtures that contain AG- graphite and amorphous carbon, in controlled chemicals (identified in which the graphite is 8 percent or more SUPPLEMENTARY INFORMATION: ECCN 1C350). Mixtures containing less by weight of the composition. Background than 30 percent by weight (previously This final rule revises the controls on 25 percent or less) of any single AG- centrifugal separators controlled under A. Revisions to the EAR Based on the controlled chemical generally may be ECCN 2B352 by changing the control October 2000 Plenary Meeting of the exported without a license unless the criterion that applies to sealing joints Australia Group controlled chemical is also: (1) A CWC located within the steam containment The Bureau of Export Administration Schedule 1 chemical or (2) a CWC area from ‘‘double or multiple sealing (BXA) is amending the Export Schedule 2 chemical destined for a State joints’’ to ‘‘one or more sealing joints’’. Administration Regulations (EAR) to not Party to the CWC. Mixtures Finally, this rule amends the EAR to implement understandings reached at excluded from the scope of ECCN add Cyprus and Turkey as the two
VerDate 11
newest participating countries in the effective date of the CWC prohibition on For example, this rule adds CWC Australia Group (which now includes a such exports. Since April 29, 2000, all Schedule 2 chemicals to the category of total of 32 countries). Supplement No. 1 exports of CWC Schedule 2 chemicals to ‘‘chemicals not eligible’’ for sample to part 740 (Country Groups) is revised States not Party to the CWC have shipments, as described in the License to add Cyprus and Turkey to Country required a license and have been subject Requirements Notes for ECCN 1C350. Group A:3 (Australia Group) and to a general policy of denial. Language is added to the eligibility Supplement No. 1 to part 738 In addition, this rule revises section requirements for sample shipments in (Commerce Country Chart) is revised to 742.18 to clarify the licensing ECCN 1C350 to emphasize that the End- remove the licensing requirements for requirements and policies that apply to Use Certificate requirement described in both countries under CB Column 2 in exports of Schedule 3 chemicals and section 745.2 of the EAR applies to conformance with the licensing policy precursors controlled for CW reasons by exports of ‘‘any quantity’’ of Schedule 3 that applies to other AG participating Export Control Classification Number chemicals to CWC non-States Parties. countries. This rule also amends section (ECCN) 1C350 or 1C355 to States not This rule also revises Note 1(b) in the 770.2 paragraph (k), ‘‘Interpretation 11: Party to the CWC. This rule states that License Requirements section of ECCN Precursor chemicals,’’ by removing an an End-Use Certificate is required to 1C355 to implement a decision of the unnecessary listing of the countries export any quantity of a CWC Schedule Organization for the Prevention of participating in the Australia Group. 3 chemical to States not Party to the Chemical Weapons (OPCW) of the CWC CWC, regardless of whether or not a concerning mixtures that contain one or B. Revisions and Clarifications to the license is required for reasons other CWC-Related Provisions in the EAR more CWC Schedule 3 chemicals. The than CW reasons (please note that BXA OPCW eliminated end-use certificate The Bureau of Export Administration does not require submission of an End- requirements for products containing (BXA) also is amending provisions in Use Certificate for reexports; however, ‘‘30 percent or less’’ by weight of any the Export Administration Regulations reexports of Schedule 3 chemicals may single Schedule 3 chemical. However, (EAR) related to the Chemical Weapons be subject to an End-Use Certificate the AG rule for mixtures that contain Convention (CWC) to clarify BXA’s requirement by governments of other Schedule 3 chemicals controlled by export license requirements and policies countries). The CWC-related licensing ECCN 1C350 only exempts mixtures for these chemicals and precursors in requirements in section 742.18 are also that contain ‘‘less than 30 percent’’ by light of the CWC prohibition on revised to inform exporters that exports weight of any single Schedule 3 retransfers of Schedule 1 chemicals to of chemicals controlled for CW reasons chemical. Therefore, this rule third countries and the CWC prohibition may require a license for other reasons implements a mixtures rule of ‘‘less on exports of Schedule 2 chemicals and set forth elsewhere in the EAR. Section than 30 percent’’ in ECCN 1C355 to be precursors to States not Party to the 742.18 now cross-references the consistent with the AG mixtures rule in CWC that took effect on April 29, 2000. Australia Group licensing requirements ECCN 1C350. Specifically, this rule revises section and policies in section 742.2 of the EAR, In addition, this rule revises the 742.18(b)(1)(i) in the EAR, which the end-use and end-user restrictions in identifies certain factors that BXA will part 744 of the EAR, and the restrictions requirements for mixtures containing consider when reviewing license in part 746 of the EAR that apply to one or more CWC Schedule 2 chemicals applications to export Schedule 1 embargoed destinations. controlled by ECCN 1C355 to reflect the chemicals to States Parties to the CWC This rule revises Supplement No. 2 to more stringent CWC controls that apply (see Supplement No. 2 to part 745 of the part 745 (titled ‘‘States Parties to the to the toxic chemical PFIB. Mixtures EAR). Previously, paragraph (b)(1)(i) Convention on the Prohibition of the containing one or more CWC Schedule listed three conditions that had to be Development, Production, Stockpiling, 2 chemicals controlled by ECCN 1C355 met before BXA would approve an and Use of Chemical Weapons and on do not require a license for CW reasons application to export Schedule 1 Their Destruction’’) by adding the if they contain 10 percent or less of any chemicals to States Parties to the CWC. names of countries that have recently single CWC Schedule 2 chemical, Now, the licensing policy in paragraph become CWC States Parties (i.e., except for mixtures containing PFIB, (b)(1)(i) states that BXA generally will Azerbaijan, Colombia, Dominica, which require a license when PFIB deny license applications to export Eritrea, Gabon, Jamaica, Kazakhstan, constitutes more than 1 percent of the Schedule 1 chemicals to States Parties Kiribati, Liechtenstein, Malaysia, weight of the mixture. to the CWC, unless all of the conditions Mozambique, Nicaragua, San Marino, Finally, this rule amends section are met. A new licensing condition, the United Arab Emirates, Yemen, the 736.2(b)(7)(i), which contains which restates the CWC prohibition Federal Republic of Yugoslavia (Serbia Prohibition Seven, ‘‘Support of against retransfers of Schedule 1 and Montenegro), and Zambia). Proliferation Activities (U.S. Person chemicals to third countries, is added to This rule amends Supplement No. 1 Proliferation Activity),’’ by removing the the three conditions originally listed in to part 774 (the Commerce Control List) reference to the End-Use Certificate paragraph (b)(1)(i). BXA generally will (CCL) by revising the ‘‘License requirement that previously applied to deny applications to export CWC Requirements’’ sections of ECCNs 1C350 exports of CWC Schedule 2 chemicals to Schedule 1 chemicals that were and 1C355 to clarify the licensing States not Party to the CWC. This imported into the United States on or requirements and policies for chemicals change is based on the CWC prohibition after April 29, 1997, unless the controlled by these ECCNs for CW on exports of Schedule 2 chemicals and Schedule 1 chemicals are to be exported reasons. The revisions to these ECCNs precursors to States not Party to the back to the same State Party from which conform with the clarifications that this CWC that took effect on April 29, 2000. they were previously imported. rule makes in the CWC licensing In addition, this rule amends section This rule also amends section 742.18 requirements and policies described in 736.2(b)(7)(i) to correctly reference the of the EAR by removing the license section 742.18 of the EAR. The rule advance notification and annual report requirements and policies that applied clarifies and restructures, but does not requirements contained in section 745.1 to exports of CWC Schedule 2 chemicals change, BXA’s policy concerning that apply to Schedule 1 chemicals and and precursors to States not Party to the sample shipments of chemicals and precursors listed in Supplement No. 1 to CWC prior to the April 29, 2000, precursors controlled by ECCN 1C350. part 745 of the EAR.
VerDate 11
Rulemaking Requirements 15 CFR Part 740 Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 1. This rule has been determined not Administrative practice and 950; Notice of November 9, 2000, 65 FR to be significant for purposes of procedure, Exports, Foreign trade, 68063, 3 CFR, 2000 Comp. p. 408. Executive Order 12866. Reporting and recordkeeping requirements. 6. The authority citation for 15 CFR 2. Notwithstanding any other Part 770 is revised to read as follows: 15 CFR Parts 736, 742, and 770 provision of law, no person is required Authority: 50 U.S.C. app. 2401 et seq.; 50 to respond to, nor shall any person be Exports, Foreign trade. U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, subject to a penalty for failure to comply August 22, 2001. 15 CFR Part 745 with, a collection of information subject 7. The authority citation for 15 CFR Administrative practice and to the requirements of the Paperwork Part 774 is revised to read as follows: Reduction Act, unless that collection of procedure, Chemicals, Exports, Foreign information displays a currently valid trade, Reporting and recordkeeping Authority: 50 U.S.C. app. 2401 et seq.; 50 OMB Control Number. This rule requirements. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. contains collections of information 15 CFR Part 774 287(c); 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; subject to the requirements of the 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Paperwork Reduction Act of 1980 (44 Exports, Foreign trade, Reporting and recordkeeping requirements. U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. U.S.C. 3501 et seq.). These collections 466(c); 50 U.S.C. app. 5; E.O. 13026, 61 FR have been approved by the Office of Accordingly, Parts 736, 738, 740, 742, 58767, 3 CFR, 1996 Comp., p. 228; E.O. Management and Budget under Control 745, 770, and 774 of the Export 13222, 66 FR 44025, August 22, 2001. Numbers 0694–0088 and 0694–0117. Administration Regulations (15 CFR Parts 730–799) are amended as follows: PART 736—[AMENDED] 3. This rule does not contain policies with Federalism implications as that 1. The authority citation for 15 CFR Part 736 is revised to read as follows: 8. Section 736.2 is amended by term is defined in Executive Order revising paragraphs (b)(7)(i)(B) and 13132. Authority: 50 U.S.C. app. 2401 et seq.; 50 (b)(7)(i)(C) to read as follows: U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 4. The provisions of the 3 CFR, 1994 Comp. p. 950; E.O. 13020, 61 FR § 736.2 General prohibitions and Administrative Procedure Act (5 U.S.C. 54079, 3 CFR, 1996 Comp. p. 219; E.O. determination of applicability. 553) requiring notice of proposed 13026, 61 FR 58767, 3 CFR, 1996 Comp. p. rulemaking, the opportunity for public 228; E.O. 13222, 66 FR 44025, August 22, * * * * * participation, and a delay in effective 2001; Notice of November 9, 2000, 65 FR (b) * * * date, are inapplicable because this 68063, 3 CFR, 2000 Comp. p. 408. (7) * * * regulation involves a military and 2. The authority citation for 15 CFR (i) * * * foreign affairs function of the United Part 738 is revised to read as follows: (B) If you are a U.S. person as that States (Sec. 5 U.S.C. 553(a)(1)). Further, Authority: 50 U.S.C. app. 2401 et seq.; 50 term is defined in § 744.6(c) of the EAR, no other law requires that a notice of U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. you may not export a Schedule 1 proposed rulemaking and an 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. chemical listed in Supplement No. 1 to opportunity for public comment be 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Part 745 without first complying with given for this final rule. Because a 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 the provisions of §§ 742.18 and 745.1 of notice of proposed rulemaking and an U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. 13026, 61 FR the EAR. opportunity for public comment are not (C) If you are a U.S. person as that required to be given for this rule under 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, August 22, 2001. term is defined in § 744.6(c) of the EAR, 5 U.S.C. 553 or by any other law, the you may not export a Schedule 3 analytical requirements of the 3. The authority citation for 15 CFR Part 740 is revised to read as follows: chemical listed in Supplement No. 1 to Regulatory Flexibility Act (5 U.S.C. 601 Part 745 to a destination not listed in et seq.) are not applicable. Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, Supplement No. 2 to Part 745 without Therefore, this regulation is issued in 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 complying with the End-Use Certificate final form. Although there is no formal FR 44025, August 22, 2001. requirements in § 745.2 of the EAR that comment period, public comments on 4. The authority citation for 15 CFR apply to Schedule 3 chemicals this regulation are welcome on a Part 742 is revised to read as follows: controlled for CW reasons in ECCN continuing basis. Comments should be 1C350 or ECCN 1C355. Authority: 50 U.S.C. app. 2401 et seq.; 50 submitted to Willard Fisher, Regulatory * * * * * Policy Division, Bureau of Export U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; Administration, U.S. Department of 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. PART 738—[AMENDED] Commerce, Room 2705, 14th Street and 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Pennsylvania Avenue, N.W., Comp., p. 608; E.O. 12938, 59 FR 59099, 3 9. Supplement No. 1 to Part 738 is Washington, DC 20230. CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR amended by revising the entries for 58767, 3 CFR, 1996 Comp., p. 228; E.O. ‘‘Cyprus’’ and ‘‘Turkey’’ to read as List of Subjects 13222, 66 FR 44025, August 22, 2001; Notice follows: 15 CFR Part 738 of November 9, 2000, 65 FR 68063, 3 CFR, 2000 Comp. p. 408. Supplement No. 1 to Part 738— Administrative practice and 5. The authority citation for 15 CFR Commerce Country Chart procedure, Exports, Foreign trade. Part 745 is revised to read as follows: * * * * *
VerDate 11
COMMERCE COUNTRY CHART REASON FOR CONTROL
Chemical & biological Nuclear non- National secu- Mis- Regional sta- Fire- Crime control Anti-ter- weapons proliferation rity sile bility arms rorism tech con- ven- Countries tion CC CC CC CB CB CB NP NP NS NS MT RS RS 1 2 3 AT AT 1 2 3 1 2 1 2 1 1 2 FC 1 2 1
* * ***** Cyprus ...... X X X X X X X ...... X ...... X
* * ***** Turkey ...... X X X X X
* * *****
PART 740—[AMENDED] amended by adding, in alphabetical Supplement No. 1 to Part 740—Country order, a new entry for ‘‘Cyprus’’ and by Groups 10. In Supplement No. 1 to Part 740, revising the entry for ‘‘Turkey’’ to read Country Groups, Country Group A is as follows:
COUNTRY GROUP A
[A:2] [A:4] Country [A:1] Missile technology [A:3] Nuclear suppliers control regime Australia group group
* * *****
Cyprus ...... X
* * *****
Turkey ...... X X
* * *****
PART 742—[AMENDED] kits are controlled by ECCN 1C995 for Schedule 1 chemicals to all States CW and AT reasons. Parties; a prohibition on the export of 11. Section 742.2 is amended by * * * * * Schedule 2 chemicals to States not Party adding a new paragraph (a)(2)(i)(C) to 12. Section 742.18 is revised to read to the CWC; and an End-Use Certificate read as follows: as follows: requirement for exports of Schedule 3 chemicals to States not Party to the § 742.2 Proliferation of chemical and § 742.18 Chemical Weapons Convention CWC. Exports of CWC chemicals that do biological weapons. (CWC or Convention). not require a license for CW reasons States that are parties to the (e.g., exports and reexports of Schedule (a) * * * Convention on the Prohibition of the 2 and Schedule 3 chemicals to States (2) * * * Development, Production, Stockpiling, Parties to the CWC) may require a (i) * * * and Use of Chemical Weapons and on license for other reasons set forth in the Their Destruction, also known as the EAR. (See, in particular, the license (C) This licensing requirement does Chemical Weapons Convention (CWC or requirements in § 742.2 of the EAR that not apply to exports to CWC States Convention), undertake never to apply to exports and reexports of Parties (destinations listed in develop, produce, acquire, stockpile, chemicals and precursors controlled by Supplement No. 2 to Part 745 of the transfer, or use chemical weapons. As a ECCN 1C350, for CB reasons. Also note EAR) of medical, analytical, diagnostic, State Party to the Convention, the the end-use and end-user restrictions in and food testing kits containing small United States is subjecting certain toxic part 744 of the EAR and the restrictions quantities of chemicals identified in chemicals and their precursors listed in that apply to embargoed countries in ECCN 1C350 that are also identified as Schedules within the Convention to part 746 of the EAR.) Schedule 2 or 3 chemicals under the trade restrictions. Trade restrictions (a) License requirements. (1) Schedule CWC, provided that the kits are pre- include: a prohibition on the export of 1 chemicals under ECCN 1C350 or packaged materials of defined Schedule 1 chemicals to States not Party ECCN 1C351. A license is required for composition that are specifically to the CWC; a prohibition on the CW reasons to export or reexport developed, packaged, and marketed for reexport of Schedule 1 chemicals to all Schedule 1 chemicals controlled under diagnostic, analytical, or public health destinations (both States Parties to the ECCN 1C350.a.20, a.24, or a.31 or ECCN purposes and contain no more than 300 CWC and States not Party to the CWC); 1C351.d.5 or d.6 to all destinations grams of any controlled chemical. These license requirements for the export of including Canada. CW applies to
VerDate 11
1C351.d.5 for ricin in the form of are destined for States not Party to the denied, consistent with U.S. obligations Ricinus Communis AgglutininII (RCAII), CWC. under the CWC to prohibit exports of which is also known as ricin D or (C) Technology controlled under these chemicals to States not Party to Ricinus Communis LectinIII (RCLIII), and ECCN 1E355. A license is required for the CWC. Ricinus Communis LectinIV (RCLIV), CW reasons to export or reexport (3) Schedule 3 chemicals. which is also known as ricin E. CW technology controlled under ECCN Applications to export Schedule 3 applies to 1C351.d.6 for saxitoxin 1E355 to all States not Party to the CWC chemicals controlled under ECCN identified by C.A.S. #35523–89–8. (Note (destinations not listed in Supplement 1C350, ECCN 1C355, or ECCN 1C995.b that the advance notification procedures No. 2 to part 745 of the EAR), except for to States not Party to the CWC and annual reporting requirements Israel and Taiwan. (destinations not listed in Supplement described in § 745.1 of the EAR also (b) Licensing policy. (1) Schedule 1 No. 2 to part 745) generally will be apply to exports of Schedule 1 chemicals.—(i) Exports to States Parties denied. chemicals.) to the CWC. Applications to export (4) Technology controlled under (2) Schedule 2 and 3 chemicals Schedule 1 chemicals controlled under ECCN 1E355. Exports and reexports of controlled under ECCN 1C350, ECCN ECCN 1C350 or ECCN 1C351 to States technology controlled under ECCN 1C355, or ECCN 1C995. (i) States Parties Parties to the CWC (destinations listed 1E355 will be reviewed on a case-by- to the CWC. Neither a license nor an in Supplement No. 2 to part 745 of the case basis. End-Use Certificate is required for CW EAR) generally will be denied, unless all (c) Contract sanctity. Contract sanctity reasons to export or reexport Schedule of the following conditions are met: provisions are not available for license 2 and 3 chemicals controlled under (A) The chemicals are destined only applications reviewed under this ECCN 1C350, ECCN 1C355, or 1C995.b for purposes not prohibited under the section. to States Parties to the CWC CWC (i.e., research, medical, (destinations listed in Supplement No. 2 pharmaceutical, or protective purposes); PART 745—[AMENDED] (B) The types and quantities of to part 745 of the EAR). chemicals are strictly limited to those 13. Section 745.2 is amended by (ii) States not Party to the CWC. (A) that can be justified for those purposes; revising the phrase ‘‘Schedule 2 or Schedule 2 chemicals. A license is (C) The Schedule 1 chemicals were Schedule 3’’ to read ‘‘Schedule 3’’ required for CW reasons to export or not previously imported into the United wherever it appears in the Note reexport Schedule 2 chemicals States (this does not apply to Schedule immediately following the section controlled under ECCN 1C350, ECCN 1 chemicals imported into the United heading and in the first sentence of 1C355, or ECCN 1C995.b to States not States prior to April 29, 1997, or paragraph (a)(1). Party to the CWC (destinations not imported into the United States directly 14. Supplement No. 2 to Part 745 is listed in Supplement No. 2 to part 745 from the same State Party to which they amended by revising the undesignated of the EAR). now are to be returned, i.e., exported); subheading entitled ‘‘List of States (B) Schedule 3 chemicals. (1) Exports. and Parties as of September 13, 1999’’ to A license is required for CW reasons to (D) The aggregate amount of Schedule read ‘‘List of States Parties as of August export Schedule 3 chemicals controlled 1 chemicals in the country of 1, 2001’’ and by adding, in alphabetical under ECCN 1C350, ECCN 1C355, or destination at any given time is equal to order, the following countries: ECCN 1C995.b to States not Party to the or less than one metric ton and receipt Azerbaijan, Colombia, Dominica, CWC (destinations not listed in of the proposed export will not cause Eritrea, Gabon, Jamaica, Kazakhstan, Supplement No. 2 to Part 745 of the the country of destination to acquire or Kiribati, Liechtenstein, Malaysia, EAR), unless the exporter obtains from to have acquired one metric ton or more Mozambique, Nicaragua, San Marino, the consignee an End-Use Certificate of Schedule 1 chemicals in any calendar the United Arab Emirates, Yemen, (issued by the government of the year. Yugoslavia (Federal Republic of), and importing country) prior to exporting (ii) Exports to States not Party to the Zambia. the Schedule 3 chemicals and submits CWC. Applications to export Schedule 1 it to BXA in accordance with the chemicals controlled under ECCN PART 770—[AMENDED] procedures described in § 745.2 of the 1C350 or ECCN 1C351 to States not 15. Section 770.2 is amended by EAR. Note, however, that obtaining an Party to the CWC (destinations not End-Use Certificate does not relieve the revising the introductory text of listed in Supplement No. 2 to part 745 paragraph (k) to read as follows: exporter from the responsibility of of the EAR) generally will be denied, complying with other license consistent with U.S. obligations under § 770.2 Item interpretations. requirements set forth elsewhere in the the CWC to prohibit exports of these * * * * * EAR. chemicals to States not Party to the (k) Interpretation 11: Precursor (2) Reexports. Neither a license nor an CWC. chemicals. The following chemicals are End-Use Certificate is required for CW (iii) Reexports. Applications to controlled by ECCN 1C350. The reasons to reexport Schedule 3 reexport Schedule 1 chemicals appropriate Chemical Abstract Service chemicals controlled under ECCN controlled under ECCN 1C350 or ECCN Registry (C.A.S.) number and synonyms 1C350, ECCN 1C355, or ECCN 1C995.b 1C351 generally will be denied to all (i.e., alternative names) are included to from States Parties to the CWC destinations (including both States help you determine whether or not your (destinations listed in Supplement No. 2 Parties to the CWC and States not Party chemicals are controlled by this entry. to part 745 of the EAR) to States not to the CWC). Party to the CWC. However, a license (2) Schedule 2 chemicals. * * * * * may be required for other reasons set Applications to export or reexport PART 774—[AMENDED] forth elsewhere in the EAR. In addition, Schedule 2 chemicals controlled under please note that reexports of Schedule 3 ECCN 1C350, ECCN 1C355, or ECCN 16. In Supplement No. 1 to Part 774 chemicals may be subject to an End-Use 1C995.b to States not Party to the CWC (the Commerce Control List), Category Certificate requirement by governments (destinations not listed in Supplement 1—Materials, Chemicals, of other countries when the chemicals No. 2 to part 745) generally will be ‘‘Microorganisms,’’ and ‘‘Toxins,’’ is
VerDate 11
amended by revising the heading and A. CWC Schedule 1 chemicals (all concentrations specified in paragraphs the License Requirements section for destinations). The following CWC (a) through (c) of this Note 2, are ECCN 1C350, as follows: Schedule 1 chemicals are not eligible for controlled by this ECCN and are subject sample shipments to any destination to the following licensing requirements 1C350 Chemicals That May Be Used without a license: 0-Ethyl-2- (mixtures that contain less than the as Precursors for Toxic Chemical diisopropylaminoethyl concentrations of precursor and Agents methylphosphonite (QL) (C.A.S. intermediate chemicals specified in this License Requirements #57856–11–8), Ethylphosphonyl Note 2 are controlled by ECCN 1C995): difluoride (C.A.S. #753–98–0), and Reason for Control: CB, CW, AT a. A license is required for shipments Methylphosphonyl difluoride (C.A.S. to all destinations, including Canada, #676–99–3). Control(s) Country chart for mixtures containing any amount of B. CWC Schedule 2 chemicals (States the following Schedule 1 chemicals, CB applies to entire entry .. CB Column 2. not Party to the CWC). No CWC unless the mixture contains less than Schedule 2 chemical controlled by this 0.5% aggregate quantities (by weight) of ECCN is eligible for sample shipment to CW applies to 1C350.a.2, a.3, a.5, a.6, these chemicals as unavoidable by- States not Party to the CWC a.7, a.8, a.10, a.11, a.12, a.13, a.15, a.16, products or impurities (i.e., the (destinations not listed in Supplement a.17, a.20, a.21, a.22, a.23, a.24, a.28, Schedule 1 chemicals are not No. 2 to part 745 of the EAR) without a.29, a.30, a.31, a.32, a.33, a.35, a.37, intentionally produced or added): 0- a license. a.41, a.47, a.48, a.49, a.50, a.51, a.53, or Ethyl-2-diisopropylaminoethyl b. Countries Not Eligible: The methylphosphonite (QL) a.54. The Commerce Country Chart is following countries are not eligible to not designed to determine licensing (C.A.S.#57856–11–8), Ethylphosphonyl receive sample shipments of any difluoride (C.A.S.#753–98–0) and requirements for items controlled for chemicals controlled by this ECCN Methylphosphonyl difluoride CW reasons. For Schedule 1 chemicals without a license: Cuba, Iran, Iraq, (C.A.S.#676–99–3). (1C350.a.20, a.24 and a.31), a license is Libya, North Korea, Sudan, Syria. required for exports to all destinations, c. Sample shipments that require an b. A license is required when at least including Canada. For Schedule 2 End-Use Certificate for CW reasons: No one of the following chemicals chemicals (1C350.a.2, a.3, a.5, a.6, a.7, CWC Schedule 3 chemical controlled by constitutes 30 percent or more of the a.10, a.11, a.12, a.13, a.15, a.16, a.21, this ECCN is eligible for sample weight of the mixture, for shipments to a.22, a.23, a.28, a.29, a.30, a.37, a.41, shipment to States not Party to the CWC States Parties to the CWC (destinations and a.49), a license is required for (destinations not listed in Supplement listed in Supplement No. 2 to part 745 exports to countries not listed in No. 2 to part 745 of the EAR) without of the EAR) that are not in Country Supplement No. 2 to part 745 of the a license, unless an End-Use Certificate Group A:3 (see Supplement No. 1 to EAR. For Schedule 3 chemicals issued by the government of the part 740 of the EAR), or more than 10 (1C350.a.8, a.17, a.32, a.33, a.35, a.47, importing country is obtained by the percent of the weight of the mixture, for a.48, a.50, a.51, a.53, and a.54), a license exporter prior to export (see § 745.2 of shipments to all other destinations: is required for exports to countries not the EAR for End-Use Certificate Arsenic trichloride (C.A.S.#7784–34–1), listed in Supplement No. 2 to part 745 requirements). Benzilic acid (C.A.S.#76–93–7), Diethyl of the EAR, unless an End-Use d. Sample shipments that require a ethylphosphonate (C.A.S.#78–38–6), Certificate issued by the government of license for reasons set forth elsewhere in Diethyl methylphosphonite the importing country has been obtained the EAR: Sample shipments, as (C.A.S.#15715–41–0), Diethyl-N,N- by the exporter prior to export. (See described in this Note 1, may require a dimethylphosphoroamidate § 742.18 of the EAR for license license for reasons set forth elsewhere in (C.A.S.#2404–03–7), N,N-Diisopropyl- requirements and policies for chemicals the EAR. See, in particular, the end-use/ beta-aminoethane thiol (C.A.S.#5842– and precursors controlled for CW end-user restrictions in part 744 of the 07–9), N,N-Diisopropyl-2-aminoethyl reasons. See § 745.2 of the EAR for End- EAR, and the restrictions that apply to chloride hydrochloride (C.A.S.#4261– Use Certificate requirements that apply embargoed countries in part 746 of the 68–1), N,N-Diisopropyl-beta- to exports of Schedule 3 chemicals to EAR. aminoethanol (C.A.S.#96–80–0), N,N- countries not listed in Supplement No. e. Quarterly report requirement. The Diisopropyl-beta-aminoethyl chloride 2 to part 745 of the EAR.) exporter is required to submit a (C.A.S.#96–79–7), Dimethyl quarterly written report for shipments of ethylphosphonate (C.A.S.#6163–75–3), AT applies to entire entry .. AT Column 1. samples made under this Note 1. The Dimethyl methylphosphonate report must be on company letterhead (C.A.S.#756–79–6), Ethylphosphonous License Requirement Notes: stationery (titled ‘‘Report of Sample dichloride [Ethylphosphinyl dichloride] Shipments of Chemical Precursors’’ at (C.A.S.#1498–40–4), Ethylphosphonus 1. SAMPLE SHIPMENTS: Subject to the top of the first page) and identify the difluoride [Ethylphosphinyl difluoride] the following requirements and chemical(s), Chemical Abstract Service (C.A.S.#430–78–4), Ethylphosphonyl restrictions, a license is not required for Registry (C.A.S.) number(s), dichloride (C.A.S.#1066–50–8), sample shipments when the cumulative quantity(ies), the ultimate consignee’s Methylphosphonous dichloride total of these shipments does not exceed name and address, and the date [Methylphosphinyl dichloride] a 55-gallon container or 200 kg of each exported. The report must be sent to the (C.A.S.#676–83–5), Methylphosphonous chemical to any one consignee during a U.S. Department of Commerce, Bureau difluoride [Methylphosphinyl calendar year. A consignee that receives of Export Administration, P.O. Box 273, difluoride] (C.A.S.#753–59–3), a sample shipment under this exclusion Washington, DC 20044, Attn: ‘‘Report of Methylphosphonyl dichloride may not resell, transfer, or reexport the Sample Shipments of Chemical (C.A.S.#676–97–1), Pinacolyl alcohol sample shipment, but may use the Precursors’’. (C.A.S.#464–07–3), 3–Quinuclidinol sample shipment for any other legal 2. MIXTURES: Mixtures that contain (C.A.S.#1619–34–7), and Thiodiglycol purpose unrelated to chemical weapons. precursor and intermediate chemicals (C.A.S.#111–48–8) (Related ECCN: a. Chemicals Not Eligible: identified in ECCN 1C350, in 1C995);
VerDate 11
c. A license is required for shipments liquid or gaseous product made up of two or controlled by ECCN 1C355 when the to destinations that are not in Country more components that do not react together controlled chemical is a normal Group A:3 (Supplement No. 1 to part under normal storage conditions. ingredient in consumer goods packaged 740 of the EAR) when at least one of all 2. The scope of this control applicable for retail sale for personal use or other chemicals in the List of Items to Hydrogen Fluoride (Item 25 in List of packaged for individual use. Such Controlled under ECCN 1C350 Items Controlled) includes its liquid, consumer goods are classified as EAR99. gaseous, and aqueous phases, and constitutes 30 percent or more of the Note to Mixtures: Calculation of hydrates. weight of the mixture (related ECCN: concentrations of CW-controlled chemicals: 1C995); and License Exceptions a. Exclusion. No chemical may be added to d. A license is not required under this the mixture (solution) for the sole purpose of entry for mixtures when the controlled * * * * * 17. In Supplement No. 1 to Part 774 circumventing the Export Administration chemical is a normal ingredient in Regulations; consumer goods packaged for retail sale (the Commerce Control List), Category 1—Materials, Chemicals, b. Percent Weight Calculation. When for personal use. Such consumer goods calculating the percentage, by weight, of are classified as EAR99. ‘‘Microorganisms,’’ and ‘‘Toxins,’’ is amended by revising the heading and components in a chemical mixture, include Note to Mixtures: Calculation of the License Requirements section for all components of the mixture, including concentrations of AG-controlled chemicals: those that act as solvents; a. Exclusion. No chemical may be added to ECCN 1C355, as follows: c. Example. the mixture (solution) for the sole purpose of 1C355 Chemical Weapons Convention 30% chemical listed in 1C355.b. circumventing the Export Administration (CWC) Schedule 2 and 3 Chemicals and 20% chemical not listed in 1C355.b Regulations; Families of Chemicals not Controlled by 50% Solvent b. Percent Weight Calculation. When ECCN 1C350 or by the Department of calculating the percentage, by weight, of 100% Mixture State Under the ITAR components in a chemical mixture, include 30/100 = 30% chemical listed in 1C355.b. all components of the mixture, including License Requirements those that act as solvents; In this example, the mixture is controlled Reason for Control: CW under this entry, because a chemical listed in c. Example. Control(s) 1C355.b constitutes 30 percent or more of the 31% chemical listed in paragraph c. of CW applies to entire entry. The weight of the mixture. Note 2. (destined to a State not Commerce Country Chart is not 2. COMPOUNDS: Compounds created Party to the CWC) designed to determine licensing with any chemicals identified in this 39% chemical not listed in Note 2 requirements for items controlled for ECCN 1C355 may be shipped NLR (No 30% Solvent CW reasons. A license is required to License Required), without obtaining an 100% Mixture export CWC Schedule 2 chemicals (1C355.a) to States not Party to the CWC End-Use Certificate, unless those 31/100 = 31% chemical listed in compounds are also identified in this paragraph c. of Note 2. (destinations not listed in Supplement No. 2 to part 745). A license is required entry or require a license for reasons set In this example, a license and an End- to export CWC Schedule 3 chemicals forth elsewhere in the EAR. Use Certificate are required because a (1C355.b) to States not Party to the Technical Notes: For purposes of this chemical listed in paragraph c. of Note CWC, unless an End-Use Certificate entry, a ‘‘mixture’’ is defined as a solid, 2 constitutes 30 percent or more of the issued by the government of the liquid, or gaseous product made up of two or weight of the mixture and the importing country is obtained by the more components that do not react together destination is a State not Party to the exporter, prior to export. (See § 742.18 under normal storage conditions. CWC. of the EAR for license requirements and 3. COMPOUNDS: Compounds created policies for chemicals and precursors License Exceptions with any chemicals identified in this controlled for CW reasons.) * * * * * ECCN 1C350 may be shipped NLR (No License Requirements Notes: License Required), without obtaining an 1. MIXTURES: Mixtures that contain 18. In Supplement No. 1 to Part 774 End-Use Certificate, unless those precursor and intermediate chemicals (the Commerce Control List), Category compounds are also identified in this controlled by this entry, in the 1—Materials, Chemicals, entry or require a license for reasons set concentrations specified in paragraphs ‘‘Microorganisms,’’ and ‘‘Toxins,’’ is forth elsewhere in the EAR. (a) through (c) of this Note 1, are subject amended by revising ECCN 1C995, as 4. TESTING KITS: Certain medical, to the following requirements. follows: analytical, diagnostic, and food testing a. Mixtures are controlled under this 1C995 Mixtures and Medical, kits containing small quantities of entry when at least one of the chemicals Analytical, Diagnostic, and Food chemicals identified in this ECCN controlled under 1C355.a constitutes Testing Kits Not Controlled by ECCN 1C350 as CWC Schedule 2 or 3 more than 10 percent of the weight of 1C350, as Follows (See List of Items chemicals are excluded from the scope the mixture, except for mixtures Controlled) of this ECCN and are controlled under containing PFIB, which are controlled ECCN 1C995. (Note that replacement under this entry when PFIB constitutes License Requirements reagents for such kits are controlled by more than 1 percent of the weight of the ECCN 1C350 if the reagents contain one mixture. Reason for Control: CW, AT or more of the precursor or intermediate b. Mixtures are controlled under this Control(s) Country Chart chemicals identified in this ECCN in entry when at least one of the chemicals concentrations equal to or greater than controlled under 1C355.b constitutes 30 CW applies to 1C995.b. The those specified for mixtures in License percent or more of the weight of the Commerce Country Chart is not Requirements Note 2 for this ECCN.) mixture. designed to determine licensing Technical Notes: 1. For purposes of this c. Mixtures containing chemicals requirements for items controlled for entry, a ‘‘mixture’’ is defined as a solid, identified in this entry are not CW reasons. A license is required to
VerDate 11
export CWC Schedule 2 chemicals to controlled by ECCN 1C350 that are agitator that come in direct contact with States not Party to the CWC below the concentration levels for the chemical(s) being processed or (destinations not listed in Supplement mixtures indicated in the License contained are made from any of the No. 2 to part 745). A license is required Requirements Notes to that ECCN; following materials: to export CWC Schedule 3 chemicals to b. ‘‘Medical, analytical, diagnostic, b.1. Alloys with more than 25% States not Party to the CWC, unless an and food testing kits’’ (as defined in the nickel and 20% chromium by End-Use Certificate issued by the Related Definitions for this ECCN) that weight; government of the importing country is contain intermediate and precursor b.2. Fluoropolymers; obtained by the exporter prior to export. chemicals controlled by ECCN 1C350 b.3. Glass (including vitrified or (See § 742.18 of the EAR for license and identified as Schedule 2 or 3 enamelled coatings or glass lining); requirements and policies for chemicals chemicals under the CWC in an amount b.4. Nickel or alloys with more than and precursors controlled for CW not exceeding 300 grams per chemical. 40% nickel by weight; reasons.) (ECCN 1C350 controls any such kits in b.5. Tantalum or tantalum alloys; AT applies to 1C995.a. The Commerce which the amount of any single b.6. Titanium or titanium alloys; or Country Chart is not designed to controlled chemical exceeds 300 grams b.7. Zirconium or zirconium alloys; determine licensing requirements for by weight.) c. Storage tanks, containers or 1C995.a. A license is required for items 19. In Supplement No. 1 to Part 774 receivers with a total internal controlled by 1C995.a to Cuba, Iran, (the Commerce Control List), Category (geometric) volume greater than 0.1 m3 Libya, and North Korea for anti- 2—Materials Processing, is amended by (100 liters) where all surfaces that come terrorism reasons. (See part 746 of the revising the List of Items Controlled in direct contact with the chemical(s) EAR for additional information on Cuba, section in ECCNs 2B350 and 2B352, as being processed or contained are made Iran, and Libya. See § 742.19 of the EAR follows: from any of the following materials: for additional information on North c.1. Alloys with more than 25% 2B350 Chemical manufacturing Korea.) nickel and 20% chromium by facilities and equipment, as follows (see AT applies to 1C995.b AT Column 1 weight; List of Items Controlled) c.2. Fluoropolymers; License Requirement Notes: * * * * * c.3. Glass (including vitrified or enamelled coatings or glass lining); 1. 1C995.b does not control mixtures List of Items Controlled excluded from the scope of ECCN 1C350 c.4. Nickel or alloys with more than by License Requirements Note 2 of that Unit: Equipment in number. 40% nickel by weight; ECCN. 1C995.a controls such mixtures, Related Controls: The controls in this c.5. Tantalum or tantalum alloys; unless they are consumer goods as entry do not apply to equipment that is: c.6. Titanium or titanium alloys; or described in License Requirements Note a.) specially designed for use in civil c.7. Zirconium or zirconium alloys; 2 of this ECCN. applications (e.g., food processing, pulp d. Heat exchangers or condensers 2. This ECCN does not control and paper processing, or water with a heat transfer surface area of less 2 2 mixtures when the controlled chemicals purification); AND b.) inappropriate, by than 20 m but greater than 0.15 m , are normal ingredients in consumer the nature of its design, for use in where all surfaces that come in direct goods packaged for retail sale for storing, processing, producing or contact with the chemical(s) being personal use. Such consumer goods are conducting and controlling the flow of processed are made from any of the classified as EAR99. chemical weapons precursors controlled following materials: by 1C350. d.1. Alloys with more than 25% License Exceptions Related Definitions: For purposes of nickel and 20% chromium by LVS: N/A this entry the term ‘‘chemical warfare weight; GBS: N/A agents’’ are those agents subject to the d.2. Fluoropolymers; CIV: N/A export licensing authority of the U.S. d.3. Glass (including vitrified or Department of State, Office of Defense enamelled coatings or glass lining); List of Items Controlled Trade Controls. (See 22 CFR part 121) d.4. Graphite or carbon-graphite; Unit: $ value Items: d.5. Nickel or alloys with more than Related Controls: N/A a. Reaction vessels or reactors, with or 40% nickel by weight; Related Definitions: For the purpose without agitators, with total internal d.6. Silicon carbide; of this entry, ‘‘medical, analytical, (geometric) volume greater than 0.1 m3 d.7. Tantalum or tantalum alloys; diagnostic, and food testing kits’’ are (100 liters) and less than 20 m3 (20,000 d.8. Titanium or titanium alloys; pre-packaged materials of defined liters), where all surfaces that come in d.9. Titanium carbide; or composition that are specifically direct contact with the chemical(s) d.10. Zirconium or zirconium alloys; developed, packaged and marketed for being processed or contained are made e. Distillation or absorption columns medical, analytical, diagnostic, or from any of the following materials: of internal diameter greater than 0.1 m, public health purposes. Replacement a.1. Alloys with more than 25% where all surfaces that come in direct reagents for medical, analytical, nickel and 20% chromium by contact with the chemical(s) being diagnostic, and food testing kits are weight; processed are made from any of the controlled by ECCN 1C350 if the a.2. Fluoropolymers; following materials: reagents contain one or more of the a.3. Glass (including vitrified or e.1. Alloys with more than 25% precursor and intermediate chemicals enamelled coating or glass lining); nickel and 20% chromium by identified in that ECCN in a.4. Nickel or alloys with more than weight; concentrations equal to or greater than 40% nickel by weight; e.2. Fluoropolymers; those specified for mixtures in License a.5. Tantalum or tantalum alloys; e.3. Glass (including vitrified or Requirements Note 2 for that ECCN. a.6. Titanium or titanium alloys; or enamelled coatings or glass lining); Items: a.7. Zirconium or zirconium alloys; e.4. Graphite or carbon-graphite; a. Mixtures containing concentrations b. Agitators for use in reaction vessels e.5. Nickel or alloys with more than of precursor or intermediate chemicals or reactors where all surfaces of the 40% nickel by weight;
VerDate 11
e.6. Tantalum or tantalum alloys; i.6. Graphite or carbon-graphite; c.4. Capable of in situ steam e.7. Titanium or titanium alloys; or i.7. Nickel or alloys with more than sterilization in a closed state. e.8. Zirconium or zirconium alloys; 40% nickel by weight; Technical Note: Centrifugal separators f. Remotely operated filling i.8. Tantalum or tantalum alloys; include decanters. equipment in which all surfaces that i.9. Titanium or titanium alloys, or d. Cross (tangential) flow filtration come in direct contact with the i.10. Zirconium or zirconium alloys; equipment capable of continuous chemical(s) being processed are made j. Incinerators designed to destroy separation of pathogenic from any of the following materials: chemical warfare agents, or chemical microorganisms, viruses, toxins, and f.1. Alloys with more than 25% weapons precursors controlled by cell cultures without the propagation of nickels and 20% chromium by 1C350, having specially designed waste aerosols, having all of the following weight; or supply systems, special handling characteristics: f.2. Nickel or alloys with more than facilities and an average combustion ° d.1. Equal to or greater than 5 square 40% nickel by weight; chamber temperature greater than 1000 meters; g. Multiple seal valves incorporating a C in which all surfaces in the waste d.2. Capable of in situ sterilization. leak detection port, bellows-seal valves, supply system that come into direct e. Steam sterilizable freeze-drying non-return (check) valves or diaphragm contact with the waste products are equipment with a condenser capacity valves, in which all surfaces that come made from or lined with any of the greater than 50 kgs of ice in 24 hours but in to direct contact with the chemical(s) following materials: less than 1,000 kgs; j.1. Alloys with more than 25% nickel being processed or contained are made f. Equipment that incorporates or is and 20% chromium by weight; from any of the following materials: contained in P3 or P4 containment j.2. Ceramics; or g.1. Alloys with more than 25% housing, as follows: nickel and 20% chromium by j.3. Nickel or alloys with more than 40% nickel by weight. f.1. Independently ventilated weight; protective full or half suits; Technical Note: Carbon-graphite is a g.2. Fluoropolymers; f.2. Class III biological safety cabinets g.3. Glass (including vitrified or composition consisting primarily of graphite or isolators with similar enamelled coatings or glass lining); and amorphous carbon, in which the graphite performance standards; g.4. Nickel or alloys with more than is 8 percent or more by weight of the g. Chambers designed for aerosol 40% nickel by weight; composition. challenge testing with microorganisms, g.5. Tantalum or tantalum alloys; * * * * * viruses, or toxins and having a capacity g.6. Titanium or titanium alloys; or 3 g.7. Zirconium or zirconium alloys; 2B352 Equipment Capable of Use in of 1 m or greater. h. Multi-walled piping incorporating Handling Biological Materials, as Dated: September 24, 2001. a leak detection port, in which all Follows (See List of Items Controlled) James J. Jochum, surfaces that come in direct contact with * * * * * Assistant Secretary for Export the chemical(s) being processed or Administration. List of Items Controlled contained are made from any of the [FR Doc. 01–24289 Filed 9–27–01; 8:45 am] following materials: Unit: Equipment in number BILLING CODE 3510–33–P h.1. Alloys with more than 25% Related Controls: N/A nickel and 20% chromium by Related Definitions: For purposes of weight; this entry, isolators include flexible FEDERAL TRADE COMMISSION h.2. Fluoropolymers; isolators, dry boxes, anaerobic chambers h.3. Glass (including vitrified or and glove boxes. 16 CFR Part 305 enamelled coatings or glass lining); Items: h.4. Graphite or carbon-graphite; a. Complete containment facilities at Rule Concerning Disclosures h.5. Nickel or alloys with more than P3 or P4 containment level; Regarding Energy Consumption and 40% nickel by weight; Technical Note: P3 or P4 (BL3, BL4, L3, Water Use of Certain Home Appliances h.6. Tantalum or tantalum alloys; L4) containment levels are as specified in the and Other Products Required Under h.7. Titanium or titanium alloys; or World Health Organization Laboratory the Energy Policy and Conservation Biosafety Manual (Geneva, 1983). h.8. Zirconium or zirconium alloys; Act (Appliance Labeling Rule) i. Multiple-seal, canned drive, b. Fermenters capable of cultivation of magnetic drive, bellows or diaphragm pathogenic microorganisms, viruses, or AGENCY: Federal Trade Commission. pumps, with manufacturer’s specified for toxin production, without the ACTION: Final rule. maximum flow-rate greater than 0.6 m3/ propagation of aerosols, having a hour, or vacuum pumps with capacity equal to or greater than 100 SUMMARY: The Federal Trade manufacturer’s specified maximum liters. Commission (‘‘Commission’’) amends flow-rate greater than 5 m3/hour (under Technical Note: Fermenters include its Appliance Labeling Rule (‘‘Rule’’) by standard temperature (273 K (0° C)) and bioreactors, chemostats, and continuous-flow publishing new ranges of comparability pressure (101.3 kPa) conditions), in systems. to be used on required labels for which all surfaces that come into direct c. Centrifugal separators capable of compact dishwashers. The Commission contact with the chemical(s) being the continuous separation of pathogenic also announces that the current ranges processed are made from any of the microorganisms, without the of comparability for standard-sized following materials: propagation of aerosols, and having all dishwashers, central air conditioners, i.1. Alloys with more than 25% nickel of the following characteristics: and heat pumps will remain in effect and 20% chromium by weight; c.1. One or more sealing joints within until further notice. Finally, the i.2. Ceramics; the steam containment area; Commission amends the portions of i.3. Ferrosilicon; c.2. A flow rate greater than 100 liters Appendices H (Cooling Performance i.4. Fluoropolymers; per hour; and Cost for Central Air Conditioners) i.5. Glass (including vitrified or c.3. Components of polished stainless and I (Heating Performance and Cost for enamelled coatings or glass lining); steel or titanium; and Central Air Conditioners) to reflect the
VerDate 11
current (2001) Representative Average comparable appliance models so of dishwashers (the standard category) Unit Cost of Electricity that was consumers can compare the energy when only the high end of the compact published on March 8, 2001 (66 FR consumption or efficiency of other range has changed significantly, the 13917), by the Department of Energy models (perhaps competing brands) Commission has decided to publish new (‘‘DOE’’), and on May 21, 2001 (66 FR similar to the labeled model. The Rule ranges of comparability only for 27856) by the Commission. also requires manufacturers to include, compact dishwashers. These new ranges EFFECTIVE DATE: The amendments to on labels for some products, a secondary of comparability supersede the current Appendix C1 to part 305 establishing energy usage disclosure in the form of ranges for compact-sized dishwashers, new ranges of comparability for an estimated annual operating cost which were published on September 1, compact dishwashers will become based on a specified DOE national 2000.4 As of the effective date of these effective March 22, 2002. The average cost for the fuel the appliance new ranges, manufacturers of compact- amendments to Appendices H and I to uses. sized dishwashers must base the Part 305 will become effective December Section 305.8(b) of the Rule requires disclosures of estimated annual 27, 2001. manufacturers, after filing an initial operating cost required at the bottom of FOR FURTHER INFORMATION CONTACT: report, to report annually (by specified EnergyGuides for compact-sized 2 Hampton Newsome, Attorney, Division dates for each product type) the dishwashers on the 2001 Representative of Enforcement, Federal Trade estimated annual energy consumption Average Unit Costs of Energy for Commission, Washington, D.C. 20580 or energy efficiency ratings for the electricity (8.29 cents per kiloWatt-hour) appliances derived from tests performed (202–326–2889); [email protected]. and natural gas (83.7 cents per therm) pursuant to the DOE test procedures. that were published by DOE on March SUPPLEMENTARY INFORMATION: The Rule Because manufacturers regularly add 8, 2001 (66 FR 13917) and by the FTC was issued by the Commission in 1979, new models to their lines, improve on May 21, 2001 (66 FR 27856). 44 FR 66466 (Nov. 19, 1979), in existing models, and drop others, the The effective date of the Federal response to a directive in the Energy data base from which the ranges of Register Notice that established the 1 Policy and Conservation Act of 1975. comparability are calculated is current ranges of comparability for The Rule covers eight categories of constantly changing. Under Section compact-sized dishwashers was March major household appliances: 305.10 of the Rule, to keep the required 22, 2001. Because section 326(c) of refrigerators and refrigerator-freezers, information on labels consistent with EPCA states that the Commission cannot freezers, dishwashers, clothes washers, these changes, the Commission require that labels be changed more water heaters (this category includes publishes new ranges (but not more often than annually to reflect changes in storage-type water heaters, gas-fired often than annually) if an analysis of the the ranges of comparability,5 the instantaneous water heaters, and heat new information indicates that the effective date of today’s revised ranges pump water heaters), room air upper or lower limits of the ranges have of comparability for compact-sized conditioners, furnaces (this category changed by more than 15%. Otherwise, dishwashers therefore will be March 22, includes boilers), and central air the Commission publishes a statement 2002. conditioners (this category includes heat that the prior ranges remain in effect for The ranges of comparability for pumps). The Rule also covers pool the next year. standard-sized dishwashers will remain heaters, 59 FR 49556 (Sept. 28, 1994), The annual submissions of data for in effect until further notice. This means and contains requirements that pertain dishwashers, central air conditioners, that manufacturers of standard-sized to fluorescent lamp ballasts, 54 FR and heat pumps have been made and dishwashers must continue to use the 28031 (July 5, 1989), certain plumbing have been analyzed by the Commission. ranges of comparability that were products, 58 FR 54955 (Oct. 25, 1993), The ranges of comparability for central published on August 25, 1997 (62 FR and certain lighting products, 59 FR air conditioners and heat pumps have 44890), and must continue to base the 25176 (May 13, 1994, eff. May 15, 1995). not changed by more than 15% from the disclosures of estimated annual The Rule requires manufacturers of all current ranges for these products. operating cost required at the bottom of covered appliances and pool heaters to Therefore, the current ranges for these EnergyGuides for these products on the disclose specific energy consumption or products, which were published on 1997 Representative Average Unit Costs efficiency information (derived from the September 16, 1996 (61 FR 48620), will of Energy for electricity (8.31 cents per DOE test procedures) at the point of sale remain in effect until further notice. kiloWatt-hour) and natural gas (61.2 in the form of an ‘‘EnergyGuide’’ label The data submissions for dishwashers cents per therm) that were published by and in catalogs. It also requires show no significant change in the high DOE on November 18, 1996 (61 FR manufacturers of furnaces, central air or low ends of the range of 58679), and by the Commission on conditioners, and heat pumps either to comparability scale for standard models, February 5, 1997 (62 FR 5316). provide fact sheets showing additional but a significant change in the low end In consideration of the foregoing, the cost information, or to be listed in an of the compact scale.3 Rather than Commission revises Appendix C1 of industry directory showing the cost require new ranges for the vast majority Part 305 by publishing the following information for their products. The Rule ranges of comparability for use in requires manufacturers to include, on 2 Reports for dishwashers are due June 1; reports required disclosures (including labeling) labels and fact sheets, an energy for central air conditioners and heat pumps are due July 1. for compact-size dishwashers beginning consumption or efficiency figure and a 3 The Commission’s classification of ‘‘Standard’’ March 22, 2002, and amends the cost ‘‘range of comparability.’’ This range and ‘‘Compact’’ dishwashers is based on internal calculation formulas in Appendices H shows the highest and lowest energy load capacity. Appendix C of the Commission’s and I to Part 305 that manufacturers of consumption or efficiencies for all Rule defines ‘‘Compact’’ as including countertop dishwasher models with a capacity of fewer than eight (8) place settings and ‘‘Standard’’ as including 4 The current ranges for compact-sized 1 42 U.S.C. 6294. The statute also requires the portable or built-in dishwasher models with a dishwashers (Appendix C1) were published at 65 Department of Energy (DOE) to develop test capacity of eight(8) or more place settings. The Rule FR 53165, along with a republication of the current procedures that measures how much energy the requires that place settings be determined be in (1997) ranges for standard-sized dishwashers appliances use, and to determine the representative accordance with appendix C to 10 CFR Part 430, (Appendix C2), which were originally published on average cost a consumer pays for the different types subpart B, of DOE’s energy conservation standards August 25, 1997, at 62 FR 44890. of energy available. program. 5 42 U.S.C. 6296(c).
VerDate 11
central air conditioners and heat pumps 3. In section 2 of Appendix H of Part 305, the Act). As noted in the accompanying must include on fact sheets and in the text and formulas are amended by Conference Report, sections 315(a)(2)(A) directories, effective December 27, 2001. removing the figure ‘‘8.03¢’’ wherever it and (B) of the Act, contained in Title appears and by adding, in its place, the figure III—Administrative and Technical Regulatory Flexibility Act ‘‘8.29¢’’. In addition, the text and formulas Provisions, were conforming The provisions of the Regulatory are amended by removing the figure ‘‘12.05¢’’ wherever it appears and by adding, in its amendments to reflect the fact that the Flexibility Act relating to a Regulatory place, the figure ‘‘12.45¢’’. tax on cigarette papers has not been Flexibility Act analysis (5 U.S.C. 603– 4. In section 2 of Appendix I of Part 305, imposed on ‘‘books’’ or papers since 604) are not applicable to this the text and formulas are amended by January 1, 2000. See 146 Cong. Rec. H proceeding because the amendments do removing the figure ‘‘8.03¢’’ wherever it 12418 (daily ed. December 15, 2000). not impose any new obligations on appears and by adding, in its place, the figure Section 315(b) of the Act made the entities regulated by the Appliance ‘‘8.29¢’’. In addition, the text and formulas effective date of the provisions of Labeling Rule. Thus, the amendments are amended by removing the figures ‘‘12.05¢’’ and ‘‘12.24¢’’ wherever they appear section 315 retroactive to the effective will not have a ‘‘significant economic date of section 9302 of the Balanced impact on a substantial number of small and by adding, in their place, the figure ‘‘12.45¢’’. Budget Act of 1997, January 1, 2000 entities.’’ 5 U.S.C. 605. The Commission (111 Stat. 672). has concluded, therefore, that a By direction of the Commission. regulatory flexibility analysis is not Donald S. Clark, The provisions of section 315(a)(2)(A) necessary, and certifies, under Section Secretary. revised the definition of manufacturer of 605 of the Regulatory Flexibility Act (5 [FR Doc. 01–24261 Filed 9–27–01; 8:45 am] cigarette papers and tubes. Prior to this revision, the definition of manufacturer U.S.C. 605(b)), that the amendments BILLING CODE 6750–01–M announced today will not have a of cigarette papers and tubes meant any significant economic impact on a person who makes up cigarette paper into books or sets containing more than substantial number of small entities. DEPARTMENT OF THE TREASURY 25 papers each, or into tubes, except for List of Subjects in 16 CFR Part 305 Bureau of Alcohol, Tobacco and personal use or consumption. Section Advertising, Energy conservation, Firearms 315(a)(2)(A) amended the definition to Household appliances, Labeling, mean ‘‘any person who manufactures Reporting and recordkeeping 27 CFR Parts 40, 44, 275 and 295 cigarette paper, or makes up cigarette requirements. paper into tubes, except for his own [T.D. ATF—467] Accordingly, 16 CFR Part 305 is personal use or consumption.’’ This amended as follows: RIN 1512–AC55 definition was amended because section 9302 of the Balanced Budget Act of 1997 PART 305—[AMENDED] Implementation of Public Law 106–544 changed the imposition of the Federal for Certain Amendments Related to excise tax on cigarette papers under 1. The authority citation for Part 305 Balanced Budget Act of 1997 (2001R– section 5701(c) of Title 26 of the United continues to read as follows: 9OT) States Code. Under section 5701(c), a Authority: 42 U.S.C. 6294. tax now is imposed on all cigarette AGENCY: Bureau of Alcohol, Tobacco 2. Appendix C1 to Part 305 is revised papers manufactured in the United and Firearms (ATF), Department of the to read as follows: States regardless of whether the Treasury. cigarette papers were in books or sets Appendix C1 to Part 305—Compact ACTION: Final Rule (Treasury Decision). containing more than 25 papers each. Dishwashers SUMMARY: This document implements Consequently, the definition of Range Information regulations relating to certain provisions manufacturer of cigarette papers and ‘‘Compact’’ includes countertop of the Consolidated Appropriations Act, tubes was changed to conform to the dishwasher models with a capacity of fewer 2001, Public Law 106–554. These Federal excise tax imposed on cigarette than eight (8) place settings. Place settings provisions revised the definition of papers. shall be in accordance with appendix C to 10 ‘‘manufacturer of cigarette papers and CFR part 430, subpart B. Load patterns shall The provisions of section 315(a)(2)(B) conform to the operating normal for the tubes’’ and removed the definition of removed the definition of cigarette model being tested. ‘‘cigarette papers’’ in section 5702 of papers in 26 U.S.C. 5702. Prior to this Title 26 of the United States Code. The amendment, the definition of cigarette Range of estimated an- provisions of these sections are papers meant taxable books or sets of nual energy consumption retroactive to the effective date of cigarette papers. Because section 5701 Capacity (kWh/yr.) section 9302 of the Balanced Budget Act of Title 26 of the United States Code Low High of 1997, which was January 1, 2000. imposes a tax on all cigarette papers, EFFECTIVE DATE: January 1, 2000. regardless of whether the cigarette Compact ...... 214 307 FOR FURTHER INFORMATION CONTACT: papers are in books or sets, the Robert Ruhf, Regulations Division, definition of cigarette papers was Cost Information Bureau of Alcohol, Tobacco and deleted. When the above ranges of comparability Firearms, 650 Massachusetts Avenue, In this final rule, we are amending the are used on EnergyGuide labels for compact- NW, Washington, DC 20226, (202) 927– regulations in 27 CFR parts 40, 44, 275 sized dishwashers, the estimated annual 8210, e-mail, [email protected]. and 295 to conform to the changes made operating cost disclosure appearing in the SUPPLEMENTARY INFORMATION: On by the aforementioned provisions. box at the bottom of the labels must be derived using the 2001 Representative December 21, 2000, the President signed Consequently, we are revising the Average Unit Costs for electricity (8.29¢ per the Consolidated Appropriations Act, regulatory definition of ‘‘manufacturer kilo Watt-hour) and natural gas (83.7¢ per 2001, Public Law 106–554 (114 Stat. of cigarette papers and tubes’’ and therm), and the text below the box must 2763), which contains the Community removing the definition of ‘‘cigarette identify the costs as such. Renewal Tax Relief Act (referred to as papers’’.
VerDate 11
Administrative Procedure Act Foreign trade zones, Labeling, Packaging PART 44—[AMENDED] This document merely revises and containers, Penalties, Reporting and existing regulations to restate the recordkeeping requirements, Surety Par. 4. The authority citation for 27 language as currently set forth in the bonds, Tobacco, Transportation, CFR part 44 continues to read as statute. Therefore, we find it is Warehouses. follows: unnecessary to issue this Treasury 27 CFR Part 275 Authority: 26 U.S.C. 5142, 5143, 5146, decision with notice and public 5701, 5703–5705, 5711–5713, 5721–5723, procedure under 5 U.S.C. 553(b), or Administrative practice and 5731, 5741, 5751, 5754, 6061, 6065, 6151, subject to the effective date limitation in procedure, Authority delegations, Cigars 6402, 6404, 6806, 7011, 7212, 7342, 7606, 7805; 31 U.S.C. 9301, 9303, 9304, 9306. section 553(d). and cigarettes, Claims, Electronic fund transfer, Excise taxes, Imports, Labeling, Regulatory Flexibility Act Par. 5. Section 44.11 is amended to: Packaging and containers, Penalties, a. Remove the definition of ‘‘cigarette The provisions of the Regulatory Reporting requirements, Seizures and papers’’; and Flexibility Act relating to a final forfeitures, Surety bonds, Tobacco, b. Revise the definition of regulatory flexibility analysis (5 U.S.C. Warehouses. ‘‘manufacturer of cigarette papers and 604) do not apply to this final rule. We 27 CFR Part 295 tubes’’ to read as follows: were not required to publish a general notice of proposed rulemaking under 5 Administrative practice and § 44.11 Meaning of terms. U.S.C. 553 or any other law. The procedure, Authority delegations, Cigars * * * * * revenue effects of this rulemaking on and cigarettes, Excise taxes, Labeling, Manufacturer of cigarette papers and small businesses result directly from the Packaging and containers, Reporting tubes. Any person who manufactures underlying statute. Pursuant to 26 and recordkeeping requirements, cigarette paper, or makes up cigarette U.S.C. 7805(f), we have sent a copy of Tobacco. paper into tubes, except for his own this regulation to the Chief Counsel for personal use or consumption. Issuance Advocacy of the Small Business * * * * * Administration for comment on its 27 CFR chapter I is amended as impact on small businesses. No follows: PART 275—[AMENDED] comments were received. PART 40—[AMENDED] Par. 6. The authority citation for 27 Executive Order 12866 CFR part 275 continues to read as It has been determined that this final Paragraph 1. The authority citation follows: rule is not a significant regulatory action for 27 CFR part 40 continues to read as Authority: 18 U.S.C. 2342; 26 U.S.C. 5701, as defined by Executive Order 12866. follows: 5703, 5704, 5705, 5708, 5712, 5713, 5721, Therefore, a regulatory assessment is not Authority: 26 U.S.C. 5142, 5143, 5146, 5722, 5723, 5741, 5754, 5761, 5762, 5763, required. 5701, 5703–5705, 5711–5713, 5721–5723, 6301, 6302, 6313, 6404, 7101, 7212, 7342, 7606, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, Paperwork Reduction Act of 1995 5731, 5741, 5751, 5753, 5761–5763, 6061, 6065, 6109, 6151, 6301, 6302, 6311, 6313, 9306. The provisions of the Paperwork 6402, 6404, 6423, 6676, 6806, 7011, 7212, Par. 7. Section 275.11 is amended to: Reduction Act of 1995, Public Law 104– 7325, 7342, 7502, 7503, 7606, 7805; 31 U.S.C. 13, 44 U.S.C. Chapter 35, and its 9301, 9303, 9304, 9306. a. Remove the definition of implementing regulations, 5 CFR part ‘‘cigarette papers’’; and 1320, do not apply to this final rule Par. 2. Section 40.11 is amended to: b. Revise the definition of because there are no new or revised a. Remove the definition of ‘‘cigarette ‘‘manufacturer of cigarette papers and recordkeeping or reporting papers’’; and tubes’’ to read as follows: requirements. b. Revise the definition of § 275.11 Meaning of terms. Drafting Information ‘‘manufacturer of cigarette papers and * * * * * tubes’’ to read as follows: The principal author of this document Manufacturer of cigarette papers and is Robert Ruhf, Regulations Division, § 40.11 Meaning of terms. tubes. Any person who manufactures cigarette paper, or makes up cigarette Bureau of Alcohol, Tobacco and * * * * * Firearms. paper into tubes, except for his own Manufacturer of cigarette papers and personal use or consumption. List of Subjects tubes. Any person who manufactures * * * * * 27 CFR Part 40 cigarette paper, or makes up cigarette paper into tubes, except for his own PART 295—[AMENDED] Administrative practice and personal use or consumption. procedure, Authority delegations, Cigars * * * * * Par. 8. The authority citation for 27 and cigarettes, Claims, Electronic fund CFR part 295 continues to read as transfers, Excise taxes, Imports, Par. 3. Section 40.391 is revised to follows: read as follows: Labeling, Packaging and containers, Authority: 26 U.S.C. 5703, 5704, 5705, Penalties, Reporting and recordkeeping § 40.391 Persons required to qualify. 5723, 5741, 5751, 5762, 5763, 6313, 7212, requirements, Seizures and forfeitures, 7342, 7606, 7805, 44 U.S.C. 3504(h). Surety bonds, Tobacco. Every person who manufactures cigarette paper, or makes up cigarette Par. 9. Section 295.11 is amended to: 27 CFR Part 44 paper into tubes, except for his own a. Remove the definition of ‘‘cigarette Administrative practice and personal use or consumption, must first papers’’; and procedure, Authority delegations, Cigars qualify as a manufacturer of cigarette b. Revise the definition of and cigarettes, Claims, Customs duties papers and tubes in accordance with the ‘‘manufacturer of cigarette papers and and inspections, Excise taxes, Exports, provisions of this subpart. tubes’’ to read as follows:
VerDate 11
§ 295.11 Meaning of terms. Regulatory Information Executive Order 12866, Regulatory * * * * * We did not publish a notice of Planning and Review, and does not Manufacturer of cigarette papers and proposed rulemaking (NPRM) for this require an assessment of potential costs tubes. Any person who manufactures regulation. Under 5 U.S.C. 553(b)(B), the and benefits under section 6(a)(3) of that cigarette paper, or makes up cigarette Coast Guard finds that good cause exists order. The Office of Management and paper into tubes, except for his own for not publishing a NPRM. Because of Budget has not reviewed it under that personal use or consumption. the events described below, publishing order. It is not significant under the * * * * * a NPRM and delaying its effective date regulatory policies and procedures of would be contrary to the public interest the Department of Transportation (DOT) Signed: July 17, 2001. (44 FR 11040; February 26, 1979). Bradley A. Buckles, since immediate action is needed to Director. protect the public, ports and waterways Small Entities of the United States. The Coast Guard Approved: August 23, 2001. will issue a broadcast notice to mariners Under the Regulatory Flexibility Act Timothy E. Skud, and place Coast Guard vessels in the (5 U.S.C. 601–612), the Coast Guard Acting Deputy Assistant Secretary vicinity of these zones to advise considered whether this rule would (Regulatory, Tariff and Trade Enforcement). mariners of the restriction. have a significant economic effect upon [FR Doc. 01–24052 Filed 9–27–01; 8:45 am] For the same reasons, under 5 U.S.C. a substantial number of small entities. BILLING CODE 4810–31–P 553(d)(3), the Coast Guard finds that ‘‘Small entities’’ include small good cause exists for making this rule businesses, not-for-profit organizations effective less than 30 days after that are independently owned and publication in the Federal Register. operated and are not dominant in their DEPARTMENT OF TRANSPORTATION fields, and governmental jurisdictions Background and Purpose with populations of less than 50,000. Coast Guard The Coast Guard is closing a section This rule may affect the following entities, some of which may be small 33 CFR Part 165 of the Cooper River in the vicinity of U.S. Naval Weapons Station, entities: the owners or operators of Charleston, SC, to all vessel traffic until vessels intending to transit a portion of [COTP Charleston–01–101] further notice to protect the significant the Cooper River in the vicinity of U.S. national security interests in this area. Naval Weapons Station, Charleston, SC. RIN 2115–AA97 The Captain of the Port Charleston has The Coast Guard preliminary review closed the Cooper River to all vessel indicates this temporary rule will not Security Zones; Port of Charleston, SC traffic from Cooper River Lighted Buoy have a significant economic impact on AGENCY: Coast Guard, DOT. 62 (LLNR 2930) in the vicinity of the a substantial number of small entities under 5 U.S.C. 605(b) because small ACTION: Temporary final rule. entrance to Goose Creek to Cooper River Light 87 (LLNR 3135) near the entrance entities may be allowed to enter on a SUMMARY: The Coast Guard is closing a to Foster Creek until further notice. case by case basis with the authorization section of the Cooper River in the Goose Creek is also closed until further of the Captain of the Port. vicinity of U.S. Naval Weapons Station, notice. Assistance for Small Entities Charleston, SC, to all vessel traffic until This security zone is needed for further notice. This security zone is national security reasons following the Under section 213(a) of the Small needed for national security reasons recent terrorist attacks in New York Business Regulatory Enforcement following the recent events in New York City, Washington, DC and Western Fairness Act of 1996 (Public Law 104– City, Washington DC and Western Pennsylvania, particularly the attack on 121), we offer to assist small entities in Pennsylvania. Entry into this zone is United States military interests in understanding the rule so that they can prohibited, unless specifically Washington, DC. There will be Coast better evaluate its effects on them and authorized by the Captain of the Port, Guard and naval patrol vessels on scene participate in the rulemaking process. If Charleston, South Carolina or his to monitor traffic through these areas. the rule will affect your small business, designated representative. Entry into these security zones is organization, or government jurisdiction and you have questions concerning its DATES: This regulation becomes prohibited, unless specifically provisions or options for compliance, effective at 12 noon on September 19, authorized by the Captain of the Port, please contact the person listed under 2001 and will terminate at 12 noon on Charleston, South Carolina. FOR FURTHER INFORMATION CONTACT for December 17, 2001. The Coast Guard has met with members of the waterway community to assistance in understanding this rule. ADDRESSES: Comments and material discuss this closure. Vessels may be Small businesses may send comments received from the public, as well as allowed to enter the zone with the on the actions of Federal employees documents indicated in this preamble as authorization of the Coast Guard who enforce, or otherwise determine being available in the docket, are part of Captain of the Port. Vessels wishing to compliance with, Federal regulations to [COTP Charleston 1–101] and are transit the security zone are encouraged the Small Business and Agriculture available for inspection or copying at to contact the Captain of the Port as Regulatory Enforcement Ombudsman Marine Safety Office Charleston, 196 soon as possible to request this and the Regional Small each agency’s Tradd Street, Charleston, SC 29401 authorization. This security zone only responsiveness to small business. If you between 7:30 a.m. and 4 p.m. Monday slightly extends the existing restricted wish to comment on actions by through Friday, except Federal holidays. area for this facility found in 33 CFR employees of the Coast Guard, call 1– FOR FURTHER INFORMATION CONTACT: 334.460. 888–REG–FAIR (1–888–734–3247). LTJG Erin Healey, Coast Guard Marine Safety Office Charleston, at (843) 724– Regulatory Evaluation Collection of Information 7686. This rule is not a significant This rule calls for no new collection SUPPLEMENTARY INFORMATION regulatory action under section 3(f) of of information requirements under the
VerDate 11
Paperwork Reduction Act (44 U.S.C. Risks and Safety Risks. This rule is not (b) Regulations. In accordance with 3501–3520). an economically significant rule and the general regulations in § 165.33 of does not concern an environmental risk this part, entry into this zone is Federalism to health or risk to safety that may prohibited except as authorized by the A rule has implication for federalism disproportionately affect children. Captain of the Port, or a Coast Guard under Executive Order 13132, commissioned, warrant, or petty officer Indian Tribal Governments Federalism, if it has a substantial direct designated by him. The Captain of the effect on State or local governments and This rule does not have tribal Port will notify the public of any would either preempt State law or implications under Executive Order changes in the status of this zone by impose a substantial direct cost of 13175, Consultation and Coordination Marine Safety Radio Broadcast on VHF compliance on them. We have analyzed with Indian Tribal Governments, Marine Band Radio, Channel 13 and 16 this rule under that Order and have because it does not have a substantial (157.1 MHz). determined that it does not have direct effect on one or more Indian (c) Dates. This section becomes implications for federalism. tribes, on the relationships between the effective at 12 noon on September 19, Federal Government and Indian tribes, Unfunded Mandates Reform Act 2001 and will terminate at 12 noon on or on the distribution of power and December 17, 2001. The Coast Guard The Unfunded Mandates Reform Act responsibilities between the Federal will publish a separate document in the of 1995 (2 U.S.C. 1531–1538) requires Government and Indian tribes. Federal Register announcing any earlier Federal agencies to assess the effects of termination of this rule. their discretionary regulatory actions. In Energy Effects Dated: September 19, 2001. particular, the Act addresses actions We have analyzed this rule under G. W. Merrick, that may result in the expenditure by a Executive Order 13211, Actions State, local, or tribal government, in the Concerning Regulations That Captain, U.S. Coast Guard, Captain of the Port. aggregate, or by the private sector of Significantly Affect Energy Supply, $100,000,000 or more in any one year. Distribution, or use. We have [FR Doc. 01–24425 Filed 9–27–01; 8:45 am] Though this rule will not result in such determined that it is not a ‘‘significant BILLING CODE 4910–15–U an expenditure, we do discuss the energy action’’ under Executive Order effects of this rule elsewhere in this 12866 and is not likely to have a DEPARTMENT OF TRANSPORTATION preamble. significant adverse effect on the supply, distribution, or use of energy. It has not Taking of Private Property Coast Guard been designated by the Administrator of This rule will not effect a taking of the Office of Information and Regulatory 33 CFR Part 165 private property or otherwise have Affairs as a significant energy action. taking implications under Executive Therefore, it does not require a [COTP San Juan–01–098] Order 12630, Governmental Actions and Statement of Energy Effects under RIN 2115–AA97 Interference with Constitutionally Executive Order 13211. Protected Property Rights. Security Zones; St. Croix, U.S. Virgin List of Subjects in 33 CFR Part 165 Islands Civil Justice Reform Harbors, Marine safety, Navigation AGENCY: This rule meets applicable standards (water), Reports and recordkeeping Coast Guard, DOT. in sections 3(a) and 3(b)(2) of Executive requirements, Security measures, ACTION: Temporary final rule. Order 12988, Civil Justice Reform, to Waterways. SUMMARY: The Coast Guard is minimize litigation, eliminate For the reasons discussed in the establishing temporary fixed security ambiguity, and reduce burden. preamble, the Coast Guard amends 33 zones around all commercial tank and Environmental CFR part 165, as follows: freight vessels moored at every dock at the HOVENSA refinery at St. Croix, U.S. The Coast Guard preliminary review PART 165—[AMENDED] indicates this temporary rule is Virgin Islands. All persons aboard categorically excluded from further 1. The authority citation for Part 165 commercial tank and freight vessels environmental documentation under continues to read as follows: moored at the HOVENSA docks must Figure 2–1, paragraph 34(g) of remain on board for the duration of the Authority: 33 U.S.C. 1231; 50 U.S.C. 191, port call unless escorted by designated Commandant Instruction M16475.lD. 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 The environmental analysis and CFR 1.46. HOVENSA personnel or specifically Categorical Exclusion Determination permitted to disembark by the U.S. 2. A new temporary § 165.T07–101 is Coast Guard Captain of the Port San will be prepared and submitted after added to read as follows: establishment of this temporary security Juan. These security zones are needed zone, and will be available in the § 165.T07–101 Security Zone; Cooper for national security reasons to protect docket. This temporary rule protects the River, Charleston, South Carolina. the public and port of HOVENSA from Navy facility, the public, and the (a) Regulated Area. The following potential subversive acts. waterways of the United States. The closed waters are encompassed in the DATES: This regulation becomes Categorical Exclusion Determination security zone for this section: Captain of effective at 9 p.m. on September 15, will be made available in the docket for the Port Charleston, South Carolina has 2001 and will terminate at 11:59 p.m. on inspection or copying where indicated closed the Cooper River to all vessel October 15, 2001. under ADDRESSES. traffic from Cooper River Lighted Buoy ADDRESSES: Comments and material 62 (LLNR 2930) in the vicinity of the received from the public, as well as Protection of Children entrance to Goose Creek to Cooper River documents indicated in this preamble as We have analyzed this rule under Light 87 (LLNR 3135) near the entrance being available in the docket, are part of Executive Order 13045, Protection of to Foster Creek. Goose Creek is also [COTP San Juan–01–098] and are Children from Environmental Health closed. available for inspection or copying at
VerDate 11
Marine Safety Office San Juan, RODVAL the Department of Transportation (DOT) Unfunded Mandates Reform Act Bldg, San Martin St. #90 Ste 400, (44 FR 11040; February 26, 1979). The Unfunded Mandates Reform Act Guaynabo, PR 00968, between 7 a.m. Small Entities of 1995 (2 U.S.C. 1531–1538) requires and 3:30 p.m. Monday through Friday, Federal agencies to assess the effects of Under the Regulatory Flexibility Act except Federal holidays. their discretionary regulatory actions. In (5 U.S.C. 601–612), the Coast Guard FOR FURTHER INFORMATION CONTACT: particular, the Act addresses actions considered whether this rule would LCDR Robert Lefevers, Marine Safety that may result in the expenditure by a have a significant economic effect upon Office San Juan, Puerto Rico at (787) State, local, or tribal government, in the a substantial number of small entities. 706–2440. aggregate, or by the private sector of ‘‘Small entities’’ include small SUPPLEMENTARY INFORMATION: $100,000,000 or more in any one year. businesses, not-for-profit organizations Though this rule will not result in such Regulatory Information that are independently owned and an expenditure, we do discuss the operated and are not dominant in their We did not publish a notice of effects of this rule elsewhere in this fields, and governmental jurisdictions proposed rulemaking (NPRM) for this preamble. regulation. Under 5 U.S.C. 553(b)(B), the with populations of less than 50,000. Coast Guard finds that good cause exists The Coast Guard certifies under 5 Taking of Private Property for not publishing a NPRM. Because of U.S.C. 605(b) that this rule will not have This rule will not effect a taking of recent terrorist attacks in the United a significant economic impact on a private property or otherwise have States, there is an urgent need to protect substantial number of small entities taking implications under Executive persons in the vicinity of the HOVENSA because persons may be allowed to Order 12630, Governmental Actions and refinery. Publishing a NPRM and disembark the vessels on a case by case Interference with Constitutionally delaying its effective date would be basis with the authorization of the Protected Property Rights. contrary to the public interest since Captain of the Port and this temporary immediate action is needed to protect rule is only in effect for a limited time. Civil Justice Reform the public and this port in the U.S. Assistance for Small Entities This rule meets applicable standards Virgin Islands. The Coast Guard will in sections 3(a) and 3(b)(2) of Executive issue a broadcast notice to mariners to Under section 213(a) of the Small Order 12988, Civil Justice Reform, to advise mariners of the restriction. Business Regulatory Enforcement minimize litigation, eliminate For the same reasons, under 5 U.S.C. Fairness Act of 1996 (Public Law 104– ambiguity, and reduce burden. 553(d)(3), the Coast Guard finds that 121), we offer to assist small entities in good cause exists for making this rule understanding the rule so that they can Environmental effective less than 30 days after better evaluate its effects on them and The Coast Guard considered the publication in the Federal Register. participate in the rulemaking process. If environmental impact of this rule and the rule will affect your small business, Background and Purpose concluded under Figure 2–1, paragraph organization, or government jurisdiction 34(g) of Commandant Instruction On September 11, 2001, there were and you have questions concerning its M16475.1D, this rule is categorically terrorist attacks on the World Trade provisions or options for compliance, excluded from further environmental Center buildings in New York and the please contact the person listed under documentation. A ‘‘Categorical Pentagon in Arlington, Virginia. Given FOR FURTHER INFORMATION CONTACT for Exclusion Determination’’ is available these events and the highly volatile assistance in understanding this rule. for inspection or copying where nature of the substances stored at the Small businesses may send comments indicated under ADDRESSES. HOVENSA facility, there is a risk that on the actions of Federal employees subversive activity could be launched who enforce, or otherwise determine Protection of Children by persons aboard commercial tank and compliance with, Federal regulations to We have analyzed this rule under freight vessels calling at the HOVENSA the Small Business and Agriculture Executive Order 13045, Protection of facility in St. Croix, USVI. The Captain Regulatory Enforcement Ombudsman Children from Environmental Health of the Port San Juan is reducing this risk and the Regional Small each agency’s Risks and Safety Risks. This rule is not by prohibiting all persons aboard these responsiveness to small business. If you an economically significant rule and vessels from disembarking while wish to comment on actions by does not concern an environmental risk moored at the HOVENSA facility unless employees of the Coast Guard, call 1– to health or risk to safety that may escorted by designated HOVENSA 888–REG–FAIR (1–888–734–3247). disproportionately affect children. personnel or specifically permitted by the Captain of the Port San Juan. Collection of Information Indian Tribal Governments HOVENSA security personnel, in This rule calls for no new collection This rule does not have tribal conjunction with local police of information requirements under the implications under Executive Order department personnel, will assist in the Paperwork Reduction Act (44 U.S.C. 13175, Consultation and Coordination enforcement of these security zones. 3501–3520). with Indian Tribal Governments, because it does not have a substantial Regulatory Evaluation Federalism direct effect on one or more Indian This rule is not a significant A rule has implication for federalism tribes, on the relationships between the regulatory action under section 3(f) of under Executive Order 13132, Federal Government and Indian tribes, Executive Order 12866, Regulatory Federalism, if it has a substantial direct or on the distribution of power and Planning and Review, and does not effect on State or local governments and responsibilities between the Federal require an assessment of potential costs would either preempt State law or Government and Indian tribes. and benefits under section 6(a)(3) of that impose a substantial direct cost of order. The Office of Management and compliance on them. We have analyzed Energy Effects Budget has not reviewed it under that this rule under that Order and have We have analyzed this rule under order. It is not significant under the determined that it does not have Executive Order 13211, Actions regulatory policies and procedures of implications for federalism. Concerning Regulations That
VerDate 11
Significantly Affect Energy Supply, (c) Dates. This section becomes zone is being established to enable the Distribution, or use. We have effective at 9 p.m. on September 15, installation of a new lift span on the determined that it is not a ‘‘significant 2001 and will terminate at 11:59 p.m. on Tomlinson Bridge. This operation is one energy action’’ under Executive Order October 15, 2001. of the final stages of a multi-year bridge 12866 and is not likely to have a Dated: September 15, 2001. reconstruction project. The timing of this phase is dependent upon a number significant adverse effect on the supply, J.A. Servidio, distribution, or use of energy. It has not of variables, including tidal conditions Commander, U.S. Coast Guard, Captain of and ambient temperatures for curing been designated by the Administrator of the Port. the Office of Information and Regulatory concrete. Following the installation of [FR Doc. 01–24424 Filed 9–27–01; 8:45 am] Affairs as a significant energy action. the new lift span, portions of the Therefore, it does not require a BILLING CODE 4910–15–U navigable channel must be dredged and Statement of Energy Effects under the temporary Tomlinson Bridge will be removed. Both of these operations are Executive Order 13211. DEPARTMENT OF TRANSPORTATION permitted to occur only between List of Subjects in 33 CFR Part 165 Coast Guard October 1 and January 31. Harbors, Marine safety, Navigation For these reasons, it was determined (water), Reports and recordkeeping 33 CFR Part 165 that the delay inherent in the NPRM requirements, Security measures, process would be contrary to the public Waterways. [CGD01–01–166] interest. Failure to complete installation For the reasons discussed in the RIN 2115–AA97 of the new lift span will delay reopening preamble, the Coast Guard amends 33 the Tomlinson Bridge and prevent CFR part 165, as follows: Safety Zone; Tomlinson Bridge, removal of the temporary bridge until Quinnipiac River, New Haven, CT October 2002. That delay would, in PART 165—[AMENDED] turn, result in significant additional AGENCY: Coast Guard, DOT. construction costs and prolong the 1. The authority citation for part 165 ACTION: Temporary final rule. impediment to navigation represented continues to read as follows: by the presence of two adjacent bridges Authority: 33 U.S.C. 1231; 50 U.S.C. 191, SUMMARY: The Coast Guard is across the waterway. 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 establishing a temporary safety zone on Moreover, it was determined that the CFR 1.46. the waters of the Quinnipiac River NPRM process would be unnecessary. 2. A new temporary § 165.T07–098 is within 100 yards of the north side and The State of Connecticut met with added to read as follows: 500 yards of the south side of the known waterway users August 22, 2000 Tomlinson Bridge. This safety zone will and July 10, 2001 to discuss the § 165.T07–098 Security Zone; HOVENSA prevent marine traffic from transiting anticipated channel closure required for Refinery, St. Croix, U.S. Virgin Islands. beneath the Tomlinson Bridge while a the lift span installation. Waterway (a) Regulated area. This section new, permanent lift span is installed on users in attendance acknowledge the establishes temporary fixed security the bridge. The safety zone is needed to necessity of the channel closure and the zones encompassing 20 yards around all enable installation of a new lift span on ability to adjust their waterway use commercial tank and freight vessels the bridge and to protect marine traffic accordingly. The State has continued to moored at every dock at the HOVENSA from the hazards associated with this communicate with waterway users to refinery at St Croix, U.S. Virgin Islands. operation. apprise them of the anticipated safety All persons aboard commercial tank or DATES: This rule is effective from 7 a.m. zone dates and has identified the freight vessels moored at the docks must (EST) on October 15, 2001 through 7 effective dates of this temporary rule as remain on board for the duration of the a.m. (EST) on October 20, 2001. those preferred by those affected. port call unless escorted by designated Under 5 U.S.C. 553(d)(3), the Coast ADDRESSES: Comments and material HOVENSA personnel or specifically Guard finds that good cause exists for received from the public, as well as permitted to disembark by the Captain making this rule effective less than 30 documents indicated in this preamble as of the Port San Juan. These security days after publication in the Federal being available in the docket, are part of zones are needed for national security Register. For the reasons stated above, docket CGD01–01–166 and are available reasons to protect the public and port of we have determined that a delay in the for inspection or copying at Coast Guard HOVENSA from potential subversive effective dates of the temporary rule Group/Marine Safety Office Long Island acts. would be unnecessary and contrary to Sound, Waterways Management Branch, (b) Regulations. In accordance with the public interest. Advance notice of 120 Woodward Avenue, New Haven, CT the general regulations in § 165.33 of the safety zone will be disseminated by between 8 a.m. and 3 p.m., Monday this part, all persons aboard commercial notice to mariners. tank and freight vessels moored at the through Friday, except Federal holidays. docks must remain on board for the FOR FURTHER INFORMATION CONTACT: Background and Purpose duration of the port call unless escorted Lieutenant (junior grade) Pamela Garcia, The Coast Guard is establishing a by designated HOVENSA personnel or Waterways Management Branch, Group/ safety zone on all waters of the specifically authorized by the Captain of MSO Long Island Sound, telephone Quinnipiac River within 100 yards of the Port San Juan, or a Coast Guard (203) 468–4429. the north side and 500 yards of the commissioned, warrant, or petty officer SUPPLEMENTARY INFORMATION: south side of the Tomlinson Bridge, designated by him. In addition to located in approximate position 41° publishing it in the Federal Register, Regulatory Information 17′9″ N, 072° 54′3″ W. This safety zone the Captain of the Port will notify the We did not publish a notice of is effective from 7 a.m. (EST) on October public of any changes in the status of proposed rulemaking (NPRM) for this 15, 2001 to 7 a.m. (EST) on October 20, this zone by Marine Safety Radio regulation. Under 5 U.S.C. 553(b)(B), the 2001. The safety zone will prevent Broadcast on VHF Marine Band Radio, Coast Guard finds that good cause exists waterway users from transiting through Channel 16 (157.1 Mhz). for not publishing an NPRM. The safety this portion of the Quinnipiac River
VerDate 11
while the new Tomlinson Bridge lift compliance with, Federal regulations to Indian Tribal Governments span is transported by barge beneath the the Small Business and Agriculture This rule does not have tribal bridge and raised into position. The Regulatory Enforcement Ombudsman implications under Executive Order safety zone will enable construction and the Regional Small Business 13175, Consultation and Coordination personnel to complete this vital phase of Regulatory Fairness Boards. The with Indian Tribal Governments, a long-term bridge reconstruction Ombudsman evaluates these actions because it does not have a substantial project and protect mariners from the annually and rates each agency’s direct effect on one or more Indian hazards associated with this operation. responsiveness to small business. If you tribes, on the relationship between the Regulatory Evaluation wish to comment on actions by Federal Government and Indian tribes, employees of the Coast Guard, call 1– or on the distribution of power and This rule is not a ‘‘significant 888–REG–FAIR (1–888–734–3247). regulatory action’’ under section 3(f) of responsibilities between the Federal Executive Order 12866, Regulatory Collection of Information Government and Indian tribes. Planning and Review, and does not This rule calls for no new collection Energy Effects require an assessment of potential costs of information under the Paperwork We have analyzed this rule under and benefits under section 6(a)(3) of that Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions Order. The Office of Management and 3520). Concerning Regulations That Budget has not reviewed it under that Federalism Significantly Affect Energy Supply, Order. It is not ‘‘significant’’ under the Distribution, or Use. We have A rule has implications for federalism regulatory policies and procedures of determined that it is not a ‘‘significant under Executive Order 13132, the Department of Transportation (DOT) energy action’’ under that order because Federalism, if it has a substantial direct (44 FR 11040, February 26, 1979). it is not a ‘‘significant regulatory action’’ Recreational vessel traffic on the effect on State or local governments and under Executive Order 12866 and is not waterway is minimal during the period would either preempt State law or likely to have a significant adverse effect of the proposed safety zone. The State impose a substantial direct cost of on the supply, distribution, or use of of Connecticut held several meetings in compliance on them. We have analyzed energy. It has not been designated by the advance of the proposed channel this rule under that Order and have Administrator of the Office of closure to apprise known waterway determined that it does not have Information and Regulatory Affairs as a users of the effective dates of the safety implications for federalism. significant energy action. Therefore, it zone so that necessary, alternate Unfunded Mandates Reform Act does not require a Statement of Energy arrangement could be made to avoid or Effects under Executive Order 13211. mitigate any adverse consequences. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Environment Small Entities Federal agencies to assess the effects of We have considered the Under the Regulatory Flexibility Act their discretionary regulatory actions. In environmental impact of this rule and (5 U.S.C. 601–612), we have considered particular, the Act addresses actions concluded that under figure 2–1, whether this rule would have a that may result in the expenditure by a paragraph 34(g) of Commandant significant economic impact on a State, local, or tribal government, in the Instruction M16475.lD, this rule is substantial number of small entities. aggregate, or by the private sector of categorically excluded from further The term ‘‘small entities’’ comprises $100,000,000 or more in any one year. environmental documentation. small businesses, not-for-profit Though this rule will not result in such organizations that are independently an expenditure, we do discuss the List of Subjects in 33 CFR Part 165 owned and operated and are not effects of this rule elsewhere in this Harbors, Marine safety, Navigation dominant in their fields, and preamble (water), Reporting and recordkeeping governmental jurisdictions with Taking of Private Property requirements, Security measures, populations of less than 50,000. Waterways. The Coast Guard certifies under 5 This rule will not affect a taking of U.S.C. 605(b) that this rule will not have private property or otherwise have For the reasons discussed in the a significant economic impact on a taking implications under Executive preamble, the Coast Guard amends 33 substantial number of small entities. Order 12630, Governmental Actions and CFR part 165 as follows: The proposed rule may affect the Interference with Constitutionally PART 165—REGULATED NAVIGATION owners and operators of vessels Protected Property Rights. AREAS AND LIMITED ACCESS AREAS intending to transit the boundaries of the safety zone during its effective dates. Civil Justice Reform 1. The authority citation for part 165 The rule will not have a substantial This rule meets applicable standards continues to read as follows: affect on small entities because it has in sections 3(a) and 3(b)(2) of Executive Authority: 33 U.S.C. 1231; 50 U.S.C. 191, been preceded by regular Order 12988, Civil Justice Reform, to 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 communication between the State of minimize litigation, eliminate CFR 1.46. Connecticut and known waterway users ambiguity, and reduce burden. 2. Add temporary § 165.T01–166 to regarding the need for and timing of the Protection of Children read as follows: channel closure. Any entities that might be affected by the closure have had We have analyzed this rule under § 165.T01–166 Safety Zone: Tomlinson sufficient advance notice to make Executive Order 13045, Protection of Bridge, Quinnipiac River, New Haven alternate arrangements. Children from Environmental Health Harbor, New Haven, CT. Risks and Safety Risks. This rule is not (a) Location. The following area is Assistance for Small Entities an economically significant rule and designated as a safety zone: all waters of Small businesses may send comments does not create an environmental risk to the Quinnipiac River within 100 yards on the actions of Federal employees health or risk to safety that may of the north side and 500 yards of the who enforce, or otherwise determine disproportionately affect children. south side of the Tomlinson Bridge,
VerDate 11
located at approximate position 41° Only two comments were received. A usually the persons seeking subpoenas 17′9″ N, 072° 54′3″ W. national veterans’ service organization as a means of obtaining evidence to (b) Enforcement period. This section stated that it concurred in the proposed present to the Board. The amendments is effective from 7 a.m. (EST) October amendments. A representative of a provide a way for them to get relief 15, 2001 to 7 a.m. (EST) October 20, group of attorneys engaged in the when the person who has evidence 2001. practice of veterans’ law posed several makes unreasonable demands regarding (c) Regulations. (1) The general objections. its release. The proposed rule-making regulations contained in 33 CFR 165.23 The primary objection of this writer, document gives the example of apply. occupying approximately half of his unreasonable demands for (2) All persons and vessels shall comments, is grounded in the reimbursement for costs involved in comply with the instructions of the misconception that these amendments honoring a subpoena duces tecum to Coast Guard Captain of the Port or the remove authority from local VA offices obtain physical evidence, typically designated on-scene-patrol personnel. to issue subpoenas in cases that are not documents. The writer further implies These personnel comprise before the Board. The Rule never gave that this amendment is purposefully commissioned, warrant, and petty that authority, nor do the amendments designed to impede access to documents officers of the Coast Guard. Upon being remove it. held by VA. That is simply not the case. hailed by a U.S. Coast Guard vessel by The authority of field facility heads to VA itself is seldom the subject of a siren, radio, flashing light, or other issue subpoenas in matters within their subpoena in a Board proceeding because means, the operator of a vessel shall jurisdiction is at 38 CFR 2.1(b). The there are other methods for readily proceed as directed. Board’s Rules of Practice deal only with obtaining VA records. See 38 U.S.C. procedures in matters that are before the Dated: September 20, 2001. 5701(b) and 5 U.S.C. 552. Board and within its statutory The proposed rule is adopted without J.J. Coccia, jurisdiction. The Rule in question changes. Captain, U.S. Coast Guard, Captain of the appears in a section of the Board’s Rules Port, Group/MSO Long Island Sound. entitled ‘‘Hearings on Appeal.’’ Regulatory Flexibility Act [FR Doc. 01–24423 Filed 9–27–01; 8:45 am] Paragraph (a) of the Rule, which is not The Secretary hereby certifies that BILLING CODE 4910–15–U being amended, describes who may this final rule will not have a significant move for a subpoena under the rule as economic impact on a substantial ‘‘the appellant, or his or her number of small entities as they are DEPARTMENT OF VETERANS representative.’’ (Emphasis added.) defined in the Regulatory Flexibility AFFAIRS What is to be removed is a now obsolete Act, 5 U.S.C. 601–612. This rule will procedure that once permitted VA field affect VA beneficiaries and will not 38 CFR Part 20 facility directors to decide motions for affect small businesses. Therefore, subpoenas in Board proceedings held at RIN 2900–AJ58 pursuant to 5 U.S.C. 605(b), this final those facilities. Under 38 U.S.C. 7102(a) rule is exempt from the initial and final Board of Veterans’ Appeals: Rules of only members of the Board may make regulatory flexibility analyses Practice—Subpoenas determinations on motions in Board requirement of sections 603 and 604. proceedings. AGENCY: Department of Veterans Affairs. The writer objects to the addition of List of Subjects in 38 CFR Part 20 ACTION: Final rule. certain quoted language to Rule 711(e) Administrative practice and (38 CFR 20.711(e)) and urges that it be procedure, Claims, Lawyers, Legal SUMMARY: The Board of Veterans’ stricken. The language he quotes is services, Veterans. Appeals (Board) adjudicates appeals being removed from paragraph (e), not Approved: September 20, 2001. from denials of claims for veterans’ added, as the proposed rule-making benefits filed with the Department of document explained. Thus this Anthony J. Principi, Veterans Affairs (VA). This document objection is also moot. Secretary of Veterans Affairs. adopts as a final rule amendments to a Next, the writer objects to language in For the reasons set out in the Board Rule of Practice concerning proposed Rule 711(h) (which deals with preamble, amend 38 CFR part 20 as subpoenas. motions to quash or modify a follows: subpoena), stating that it ‘‘creates a DATES: Effective date: October 29, 2001. mechanism for adversarial proceedings PART 20—BOARD OF VETRANS’ FOR FURTHER INFORMATION CONTACT: regarding the modification or attempts APPEALS: RULES OF PRACTICE Steven L. Keller, Senior Deputy Vice by the Agency to ‘quash’ subpoena Chairman, Board of Veterans’ Appeals, 1. The authority citation for part 20 requests.’’ He maintains that this would continues to read as follows: Department of Veterans Affairs, 810 be for the convenience of VA at the Vermont Avenue, NW, Washington, DC expense of veterans. Authority: 38 U.S.C. 501(a). 20420 (202–565–5978). Motions to quash are not new. The 2. Section 20.711 is amended by: SUPPLEMENTARY INFORMATION: On procedure has been available through (a) Revising paragraphs (c) and (e); February 15, 2000, VA published a this Rule since 1992. (57 FR 4088, 4122) (b) Revising the second sentence of proposed rule in the Federal Register Permitting motions to quash subpoenas paragraph (f); (65 FR 7468), to clarify a Board Rule of is standard practice throughout (c) Revising the first sentence of Practice at 38 CFR 20.711 dealing with American jurisprudence. Such motions paragraph (g); subpoena procedures in Board provide a mechanism for resolving (d) Revising paragraph (h); and proceedings. The proposed changes disputes between persons seeking (e) Adding paragraph (i). relate to: (1) Where such a motion must subpoenas and persons subpoenaed and The revisions and addition read as be filed; (2) ruling on the motion; (3) has nothing to do with agency follows: service of a subpoena; (4) motions to convenience, or the lack of it. quash or modify subpoenas; and (5) The amendments in fact aid veterans § 20.711 Rule 711. Subpoenas. enforcing compliance with a subpoena. and their representatives, who are * * * * *
VerDate 11
(c) Where filed. Motions for a by such supporting evidence as the ENVIRONMENTAL PROTECTION subpoena must be filed with the moving party may choose to submit. It AGENCY Director of Administrative Service (014), must be accompanied by a declaration Board of Veterans’ Appeals, 810 showing: 40 CFR Part 52 Vermont Avenue, NW, Washington, DC (i) That a copy of the motion, and any 20420. attachments thereto, were mailed to the [PA–4133a; FRL–7060–7] * * * * * party who secured the subpoena, or the (e) Ruling on motion for subpoena. person subpoenaed, as applicable; Approval and Promulgation of Air (1) To whom assigned. The ruling on Quality Implementation Plans; (ii) The date of mailing; and the motion will be made by the Member Pennsylvania; VOC and NOX RACT or panel of Members to whom the case (iii) The address to which the copy Determinations for Ten Individual is assigned. Where the case has not been was mailed. Sources Located in the Pittsburgh- assigned, the Chairman, or the (2) Response. Not later than 10 days Beaver Valley Area; Withdrawal of Chairman’s designee, will assign the Direct Final Rule case to a Member or panel who will after the date that the motion was mailed to the responding party, that then rule on the motion. AGENCY: party may file a response to the motion Environmental Protection (2) Procedure. If the motion is denied, Agency (EPA). the Member(s) ruling on the motion will at the address specified in paragraph (c) issue an order to that effect which sets of this section. The response may be ACTION: Withdrawal of direct final rule. forth the reasons for the denial and will accompanied by such supporting send copies to the moving party and his evidence as the responding party may SUMMARY: Due to receipt of a letter of or her representative, if any. Granting choose to submit. It must be adverse comment, EPA is withdrawing the motion will be signified by accompanied by a declaration showing: the direct final rule to approve revisions completion of a VA Form 0714, (i) That a copy of the response, and which establish reasonably available ‘‘Subpoena,’’ if attendance of a witness any attachments thereto, were mailed to control technology (RACT) requirements is required, and/or VA Form 0713, the moving party; for ten major sources of volatile organic ‘‘Subpoena Duces Tecum,’’ if compounds (VOC) and oxides of (ii) The date of mailing; and production of tangible evidence is nitrogen (NOX) located in the required. The completed form shall be (iii) The address to which the copy Pittsburgh-Beaver Valley ozone signed by the Member ruling on the was mailed. If the subpoena involves nonattainment area. In the direct final motion, or, where applicable, by any testimony or the production of tangible rule published on August 24, 2001 (66 panel Member on behalf of the panel evidence at a hearing before the Board FR 44532), EPA stated that if it received ruling on the motion, and served in and less than 30 days remain before the adverse comment by September 24, accordance with paragraph (g) of this scheduled hearing date at the time the 2001, the rule would be withdrawn and section. response is received by the Board, the not take effect. EPA subsequently (f) * * * A subpoena for a witness Board may reschedule the hearing to received adverse comments from the will not be issued or served unless the permit disposition of the motion. Citizens for Pennsylvania’s Future party on whose behalf the subpoena is (PennFuture). EPA will address the issued submits a check in an amount (3) Ruling on the motion. The Member comments received in a subsequent equal to the fee for one day’s attendance or panel to whom the case is assigned final action based upon the proposed and the mileage allowed by law, made will issue an order disposing of the payable to the witness, as an attachment motion. Such order shall set forth the action also published on August 24, to the motion for the subpoena. * * * reasons for which a motion is either 2001 (66 FR 44580). EPA will not (g) * * * The Board will serve the granted or denied. The order will be institute a second comment period on subpoena by certified mail, return mailed to all parties to the motion. this action. receipt requested. * * * Where applicable, an order quashing a EFFECTIVE DATE: The Direct final rule is (h) Motion to quash or modify subpoena will require refund of any withdrawn as of September 28, 2001. subpoena. sum advanced for fees and mileage. (1) Filing procedure. Upon written FOR FURTHER INFORMATION CONTACT: (i) Disobedience. In case of Harold A. Frankford at (215) 814–2108. motion of the party securing the disobedience to a subpoena issued by subpoena, or of the person subpoenaed, the Board, the Board will take such List of Subjects in 40 CFR Part 52 the Board may quash or modify the steps as may be necessary to invoke the subpoena if it is unreasonable and aid of the appropriate district court of Environmental protection, Air oppressive or for other good cause the United States in requiring the pollution control, Incorporation by shown. Relief may include, but is not reference, Nitrogen dioxide, Ozone, limited to, requiring the party who attendance of the witness and/or the production of the tangible evidence Reporting and recordkeeping secured the subpoena to advance the requirements. reasonable cost of producing books, subpoenaed. A failure to obey the order papers, or other tangible evidence. The of such a court may be punished by the Dated: September 14, 2001. motion must specify the relief sought court as a contempt thereof. James W. Newson, and the reasons for requesting relief. (Authority: 38 U.S.C. 5711, 5713, Acting Regional Administrator, Region III. Such motions must be filed at the 7102(a)) address specified in paragraph (c) of this Accordingly, the addition of section within 10 days after mailing of [FR Doc. 01–24304 Filed 9–27–01; 8:45 am] § 52.2020(c)(167) is withdrawn as of the subpoena or the time specified in BILLING CODE 8320–01–P September 28, 2001. the subpoena for compliance, whichever [FR Doc. 01–23633 Filed 9–27–01; 8:45 am] is less. The motion may be accompanied BILLING CODE 6560–50–P
VerDate 11
ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION AGENCY AGENCY AGENCY
40 CFR Part 52 40 CFR Part 52 40 CFR Part 52
[PA–4144a; FRL–7061–5] [PA–4141a; FRL–7061–4] [PA–4136a; FRL–7060–8]
Approval and Promulgation of Air Approval and Promulgation of Air Approval and Promulgation of Air Quality Implementation Plans; Quality Implementation Plans; Quality Implementation Plans; Pennsylvania; NO RACT Pennsylvania; VOC and NOX RACT X Pennsylvania; VOC RACT Determinations for Ten Individual Determinations for Armco Inc., Butler Determinations for Nine Individual Sources Located in the Pittsburgh- Operations Main Plant and Butler Sources Located in the Pittsburgh- Beaver Valley Area; Withdrawal of Operations Stainless Steel Plant Beaver Valley Area; Withdrawal of Direct Final Rule Located in the Pittsburgh-Beaver Direct Final Rule Valley Area; Withdrawal of Direct Final AGENCY: Environmental Protection Rule AGENCY: Environmental Protection Agency (EPA). Agency (EPA). AGENCY: Environmental Protection ACTION: Withdrawal of Direct final rule. Agency (EPA). ACTION: Withdrawal of direct final rule. ACTION: Withdrawal of Direct final rule. SUMMARY: Due to receipt of a letter of SUMMARY: Due to receipt of a letter of adverse comment, EPA is withdrawing SUMMARY: Due to receipt of a letter of adverse comment, EPA is withdrawing the direct final rule to approve revisions adverse comment, EPA is withdrawing the direct final rule to approve revisions which establish reasonably available the direct final rule to approve revisions which establish reasonably available control technology (RACT) requirements which establish reasonably available control technology (RACT) requirements for ten major sources of volatile organic control technology (RACT) requirements for nine major sources of volatile compounds (VOC) and nitrogen oxides for Armco Inc., Butler Operations Main organic compounds (VOC) located in Plant and Butler Operations Stainless (NOX) located in the Pittsburgh-Beaver the Pittsburgh-Beaver Valley ozone Valley ozone nonattainment area. In the Steel Plant, major sources of nitrogen nonattainment area. In the direct final direct final rule published on August oxides (NOX) located in the Pittsburgh- rule published on August 24, 2001 (66 24, 2001 (66 FR 44538), EPA stated that Beaver Valley ozone nonattainment FR 44528), EPA stated that if it received if it received adverse comment by area. In the direct final rule published adverse comment by September 24, September 24, 2001, the rule would be on August 22, 2001 (66 FR 44053), EPA 2001, the rule would be withdrawn and withdrawn and not take effect. EPA stated that if it received adverse not take effect. EPA subsequently subsequently received adverse comment by September 21, 2001, the received adverse comments from the comments from the Citizens for rule would be withdrawn and not take Citizens for Pennsylvania’s Future Pennsylvania’s Future (PennFuture). effect. EPA subsequently received (PennFuture). EPA will address the EPA will address the comments adverse comments from the Citizens for comments received in a subsequent received in a subsequent final action Pennsylvania’s Future (PennFuture). final action based upon the proposed based upon the proposed action also EPA will address the comments action also published on August 24, published on August 24, 2001 (66 FR received in a subsequent final action 2001 (66 FR 44580). EPA will not 44581). EPA will not institute a second based upon the proposed action also institute a second comment period on comment period on this action. published on August 22, 2001 (66 FR this action. 44097). EPA will not institute a second EFFECTIVE DATE: The Direct final rule is comment period on this action. EFFECTIVE DATE: The Direct final rule is withdrawn as of September 28, 2001. withdrawn as of September 28, 2001. EFFECTIVE DATE: The Direct final rule is FOR FURTHER INFORMATION CONTACT: withdrawn as of September 28, 2001. FOR FURTHER INFORMATION CONTACT: Harold A. Frankford at (215) 814–2108. FOR FURTHER INFORMATION CONTACT: Harold A. Frankford at (215) 814–2108. List of Subjects in 40 CFR Part 52 Harold A. Frankford at (215) 814–2108. List of Subjects in 40 CFR Part 52 List of Subjects in 40 CFR Part 52 Environmental protection, Air Environmental protection, Air pollution control, Hydrocarbons, Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Nitrogen pollution control, Incorporation by Incorporation by reference, Ozone, dioxide, Ozone, Reporting and reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping recordkeeping requirements. Reporting and recordkeeping requirements. requirements. Dated: September 14, 2001. Dated: September 14, 2001. Dated: September 14, 2001. James W. Newson, James W. Newson, James W. Newson, Acting Regional Administrator, Region III. Acting Regional Administrator, Region III. Acting Regional Administrator, Region III. PART 52—[AMENDED] PART 52—[AMENDED] PART 52—[AMENDED] § 52.2020 [Amended] § 52.2020 [Amended] § 52.2020 [Amended] Accordingly, the addition of Accordingly, the addition of Accordingly, the addition of § 52.2020(c)(178) is withdrawn as of § 52.2020(c)(175) is withdrawn as of § 52.2020(c)(170) is withdrawn as of September 28, 2001. September 28, 2001. September 28, 2001. [FR Doc. 01–23634 Filed 9–27–01; 8:45 am] [FR Doc. 01–23635 Filed 9–27–01; 8:45 am] [FR Doc. 01–23636 Filed 9–27–01; 8:45 am] BILLING CODE 6560–50–P BILLING CODE 6560–50–P BILLING CODE 6560–50–P
VerDate 11
ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION AGENCY AGENCY AGENCY
40 CFR Part 52 40 CFR Part 52 40 CFR Part 70 [AD–FRL–7065–9] [PA–4146a; FRL–7061–6] [PA–4147a; FRL –7061–7] Clean Air Act Final Approval of Approval and Promulgation of Air Approval and Promulgation of Air Operating Permits Program; Quality Implementation Plans; Quality Implementation Plans; Commonwealth of Massachusetts Pennsylvania; NOX RACT Pennsylvania; NOX RACT Determinations for the Koppel Steel AGENCY: Environmental Protection Determinations for Four Individual Agency (EPA). Corporation in the Pittsburgh-Beaver Sources Located in the Pittsburgh- ACTION: Direct final rule. Valley Area; Withdrawal of Direct Final Beaver Valley Area; Withdrawal of Rule Direct Final Rule SUMMARY: The EPA is taking final action to fully approve the Clean Air Act AGENCY: Environmental Protection AGENCY: Environmental Protection Operating Permits Program of the Agency (EPA). Agency (EPA). Commonwealth of Massachusetts. Massachusetts submitted its program for ACTION: Withdrawal of Direct final rule. ACTION: Withdrawal of Direct final rule. the purpose of complying with federal SUMMARY: Due to receipt of a letter of Clean Air Act requirements for a State SUMMARY: Due to receipt of a letter of to develop a program to issue operating adverse comment, EPA is withdrawing adverse comment, EPA is withdrawing the direct final rule to approve a permits to all major stationary and the direct final rule to approve revisions certain other sources of air pollution. revision which establishes reasonably which establish reasonably available available control technology (RACT) EPA granted interim approval to control technology (RACT) requirements requirements for Koppel Steel Massachusetts’ operating permit for four major sources of nitrogen oxides Corporation, a major source of nitrogen program on February 2, 1996. ( NOX) located in the Pittsburgh-Beaver DATES oxides (NOX) located in the Pittsburgh- : This direct final rule is effective Beaver Valley ozone nonattainment Valley ozone nonattainment area. In the on November 27, 2001 without further area. In the direct final rule published direct final rule published on August notice, unless EPA receives relevant on August 24, 2001 (66 FR 44544), EPA 22, 2001 (66 FR 44057), EPA stated that adverse comment by October 29, 2001. stated that if it received adverse if it received adverse comment by If EPA receives relevant adverse comment by September 24, 2001, the September 21, 2001, the rule would be comments, EPA will publish a timely rule would be withdrawn and not take withdrawn and not take effect. EPA withdrawal of the direct final rule in the effect. EPA subsequently received subsequently received adverse Federal Register and inform the public adverse comments from the Citizens for comments from the Citizens for that the rule will not take effect. Pennsylvania’s Future (PennFuture). Pennsylvania’s Future (PennFuture). ADDRESSES: Comments may be mailed to EPA will address the comments EPA will address the comments Steven Rapp, Unit Manager, Air Permit received in a subsequent final action received in a subsequent final action Program Unit, Office of Ecosystem based upon the proposed action also based upon the proposed action also Protection (mail code CAP) U.S. published on August 24, 2001 (66 FR published on August 22, 2001 (66 FR Environmental Protection Agency, 44581). EPA will not institute a second 44096). EPA will not institute a second EPA—New England, One Congress comment period on this action. comment period on this action. Street, Suite 1100, Boston, MA 02114– 2023. Copies of the State submittal, and EFFECTIVE DATE: The Direct final rule is EFFECTIVE DATE: The Direct final rule is other supporting documentation withdrawn as of September 28, 2001. withdrawn as of September 28, 2001. relevant to this action, are available for FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: public inspection during normal Harold A. Frankford at (215) 814–2108. Harold A. Frankford at (215) 814–2108. business hours, by appointment at the Office of Ecosystem Protection, U.S. List of Subjects in 40 CFR Part 52 List of Subjects in 40 CFR Part 52 Environmental Protection Agency, EPA—New England, One Congress Environmental protection, Air Environmental protection, Air Street, 11th floor, Boston, MA. pollution control, Incorporation by pollution control, Incorporation by FOR FURTHER INFORMATION CONTACT: reference, Nitrogen dioxide, Ozone, Ida reference, Nitrogen dioxide, Ozone, E. Gagnon, (617) 918–1653. Reporting and recordkeeping Reporting and recordkeeping SUPPLEMENTARY INFORMATION: This requirements. requirements. section provides additional information Dated: September 14, 2001. Dated: September 14, 2001. by addressing the following questions: James W. Newson, James W. Newson, What is the operating permit program? Acting Regional Administrator, Region III. Acting Regional Administrator, Region III. How has Massachusetts addressed EPA’s interim approval issues? PART 52—[AMENDED] PART 52—[AMENDED] What additional changes to Massachusetts’ program is EPA § 52.2020 [Amended] § 52.2020 [Amended] approving? What is involved in this final action? Accordingly, the addition of Accordingly, the addition of § 52.2020 § 52.2020(c)(180) is withdrawn as of (c)(181) is withdrawn as of September What Is the Operating Permits September 28, 2001. 28, 2001. Program? [FR Doc. 01–23637 Filed 9–27–01; 8:45 am] [FR Doc. 01–23638 Filed 9–27–01; 8:45 am] The Clean Air Act Amendments BILLING CODE 6560–50–P BILLING CODE 6560–50–P (CAA) of 1990 required all state and
VerDate 11
local permitting authorities to develop order for Massachusetts’ program to EPA has concluded that these changes operating permit programs that meet receive full approval. Massachusetts address all of EPA’s interim approval certain federal criteria. 42 U.S.C. 7661– submitted two revisions to its operating issues. 7661e. In implementing the operating permit program; these revisions were What Additional Changes to permit programs, the permitting dated November 19, 1996 and May 11, Massachusetts Program Is EPA authorities require certain sources of air 2001. This document describes changes Approving? pollution to obtain permits that contain made to the Massachusetts operating all applicable requirements under the permit program since interim approval Massachusetts made other substantive CAA. The focus of the operating permit was granted. changes after EPA granted interim program is to improve compliance and approval to its operating permit program enforcement by issuing each source a How Has Massachusetts Addressed on February 2, 1996. On November 19, permit that consolidates all of the EPA’s Interim Approval Issues? 1996 and May 11, 2001, Massachusetts applicable CAA requirements into a EPA’s February 2, 1996 rulemaking submitted revisions to 310 CMR 7.00: federally enforceable document. By explained that Massachusetts must Appendix C: Operating Permit and consolidating all of the applicable make the following rule changes to Compliance Program. In addition to requirements, the source, the public, receive full approval of its operating certain changes in formatting and non- and the permitting authorities can more permit program. substantive revisions, Massachusetts easily determine what CAA made the following substantive program (1) Revise Appendix C(8)(b)(4) to requirements apply and how to changes. determine compliance with those eliminate the applicability of the permit shield for administrative amendments. (1) Massachusetts amended the requirements. definition of ‘‘volatile organic Sources required to obtain an Massachusetts changed Appendix C(8)(b)(4) to state the permit shield compound’’ (VOC) to be consistent with operating permit under this program revisions EPA has made to its include ‘‘major’’ sources of air pollution provisions shall not apply to changes made to the operating permit using the definition. and certain other sources specified in (2) Massachusetts clarified the the CAA or in EPA’s implementing modification procedures of Appendix C(8). applicability of Appendix C by adding regulations. See 40 CFR 70.3. For the definition of facility which is more example, all sources regulated under the (2) In Appendix C(7)(b)(3)(e), the inclusive than the federal definition of acid rain program, regardless of size, program regulation provided that a major source. Unlike major source, a must obtain operating permits. notice of an operational flexibility facility is not subdivided by Major Examples of major sources include: change made pursuant to an intra- Group as described in the Standard those that have the potential to emit 100 facility emissions trading plan may Industrial Classification Manual (SIC). tons per year or more of volatile organic include notice of ‘‘[a]ny permit term or The term facility aggregates all compounds, carbon monoxide, lead, condition that is no longer applicable as emissions of a pollutant located on the sulfur dioxide, nitrogen oxides, or a result of the change.’’ Changes made same, adjacent, or contiguous property, particulate matter (PM 10); those that pursuant to an intra-facility emissions regardless of the SIC grouping of the emit 10 tons per year of any single trading plan must be provided for in the emission units. hazardous air pollutant specifically permit, and such plans provide no (3) Massachusetts amended Appendix listed under the CAA (HAP); or those authority to render permit conditions that emit 25 tons per year or more of a C(2) to ensure that the time frame for inapplicable through a simple notice. 40 submitting an operating permit combination of HAPs. In areas that are CFR 70.4(b)(12)(iii)(A). Massachusetts not meeting the National Ambient Air application by a non-major source does has removed this section of its not conflict with EPA requirements. As Quality Standards for ozone, carbon regulation. monoxide, or particulate matter, major previously promulgated, Massachusetts’ (3) Appendix C(4)(a)(5) did not clearly rule allowed facilities to submit sources are defined by the gravity of the require a facility to apply for an nonattainment classification. For applications subsequent to the date operating permit if it became Subject to example, in ozone nonattainment areas established by EPA at 40 CFR part 63. Appendix C without any new classified as ‘‘serious,’’ such as (4) Massachusetts amended the construction, for example, by relaxing Massachusetts, major sources include definition of major source to include a an emissions cap in a restricted those with the potential of emitting 50 provision to sum all HAPs regardless of emission status plan approval. tons per year or more of volatile organic SIC code classification. This is Appendix C(4)(a)(6) and Appendix compounds or nitrogen oxides. consistent with EPA’s definition of a C(4)(a)(7) have been added to clarify major source as defined under Section What Is Being Addressed in This when an application must be submitted 112 of the CAA. 42 U.S.C. 7412. Document? for facilities that exceed the major (5) In Appendix C(2)(f), Massachusetts Where an operating permit program source threshold of a regulated provides two additional mechanisms for substantially, but not fully, meets the pollutant. a source to establish that its emissions criteria outlined in the implementing (4) Appendix C(8)(a)(2)(b) prohibited are below major source thresholds, and, regulations codified at 40 Code of any relaxation of monitoring, reporting, therefore, the source is not required to Federal Regulations part 70, EPA may or recordkeeping from qualifying as a apply for an operating permit. Pursuant grant the program interim approval. minor permit modification. EPA’s rule to section (2)(f)(3), a source may take a Because Massachusetts’ operating prohibits all significant changes to limit on its potential to emit in a permit program substantially, but not monitoring, reporting or recordkeeping, construction permit, or ‘‘plan approval.’’ fully, met the requirements of part 70, whether or not they are classified as a Pursuant to section (2)(f)(4), a facility EPA granted interim approval to the relaxation, from being processed as a with actual emissions below 50 or 25 program in a rulemaking published on minor permit modification. percent of the major source thresholds February 2, 1996 (61 FR 3827). The Massachusetts has revised Appendix may document those very low emissions interim approval document described C(8)(a)(2)(b) by replacing relaxation to maintain its exemption from the the corrections that had to be made in with significant change. operating permit program.
VerDate 11
(6) Massachusetts adopted and meeting federal requirements and and EPA’s regulations codified at 40 incorporated by reference the provisions imposes no additional requirements CFR part 70. In this context, in the of the acid rain program as amended on beyond those imposed by state law. This absence of a prior existing requirement October 24, 1997, and 40 CFR part 76 rule does not contain any unfunded for the State to use voluntary consensus as in effect on September 1, 1998. Both mandates and does not significantly or standards (VCS), EPA has no authority provisions were promulgated after EPA uniquely affect small governments, as to disapprove a State operating permit granted interim approval to described in the Unfunded Mandates program for failure to use VCS. It would Massachusetts’ operating permit Reform Act of 1995 (Public Law 104–4) thus be inconsistent with applicable law program on February 2, 1996. because it approves pre-existing for EPA, when it reviews an operating (7) Massachusetts added a provision requirements under state law and does permit program, to use VCS in place of reducing the 45-day period for EPA not impose any additional enforceable a State program that otherwise satisfies objection to a proposed operating permit duties beyond that required by state the provisions of the Clean Air Act. if EPA notifies Massachusetts before the law. This rule also does not have tribal Thus, the requirements of section 12(d) end of 45 days that the Agency does not implications because it will not have a of the National Technology Transfer and intend to object to the operating permit. substantial direct effect on one or more Advancement Act of 1995 (15 U.S.C. This provision has no effect on the time Indian tribes, on the relationship 272 note) do not apply. This rule does frame for citizen petitions. The 60-day between the Federal Government and not impose an information collection filing period for a citizen’s petition runs Indian tribes, or on the distribution of burden under the provisions of the from the expiration of EPA’s full 45-day power and responsibilities between the Paperwork Reduction Act of 1995 (44 objection period. Federal Government and Indian tribes, U.S.C. 3501 et seq.) What Is Involved in This Final Action? as specified by Executive Order 13175, The Congressional Review Act, 5 EPA is taking final action to fully ‘‘Consultation and Coordination with U.S.C. section 801 et seq., as added by approve Massachusetts’ operating Indian Tribal Governments’’ (65 FR the Small Business Regulatory permit program. EPA is also taking 67249, November 9, 2000). This rule Enforcement Fairness Act of 1996, action to approve the additional also does not have Federalism generally provides that before a rule program changes Massachusetts implications because it will not have may take effect, the agency submitted on November, 19, 1996 and substantial direct effects on the States, promulgating the rule must submit a May 11, 2001. EPA is publishing this on the relationship between the national rule report, which includes a copy of action without prior proposal because government and the States, or on the the rule, to each House of the Congress the Agency views this as a distribution of power and and to the Comptroller General of the noncontroversial amendment and responsibilities among the various United States. EPA will submit a report anticipates no adverse comments. levels of government, as specified in containing this rule and other required However, in the proposed rules section Executive Order 13132, ‘‘Federalism’’ information to the U.S. Senate, the U.S. of this Federal Register publication, (64 FR 43255, August 10, 1999). The House of Representatives, and the EPA is publishing a separate document rule merely approves existing Comptroller General of the United that will serve as the proposal to grant requirements under state law, and does States prior to publication of the rule in full approval should relevant adverse not alter the relationship or the the Federal Register. A major rule comments be filed. This action will be distribution of power and cannot take effect until 60 days after it effective November 27, 2001 unless the responsibilities between the State and is published in the Federal Register. Agency receives adverse comments by the Federal government established in This action is not a ‘‘major rule’’ as October 29, 2001. the Clean Air Act. This rule also is not defined by 5 U.S.C. section 804(2). If EPA receives such comments, then subject to Executive Order 13045, Under section 307(b)(1) of the Clean EPA will publish a document ‘‘Protection of Children from Air Act, petitions for judicial review of withdrawing the final rule and Environmental Health Risks and Safety this action must be filed in the United informing the public that the rule will Risks’’ (62 FR 19885, April 23, 1997) or States Court of Appeals for the not take effect. All public comments Executive Order 13211, ‘‘Actions appropriate circuit by November 27, received will then be addressed in a Concerning Regulations That 2001. Interested parties should subsequent final rule based on the Significantly Affect Energy Supply, comment in response to the rule rather proposed rule. The EPA will not Distribution, or Use’’ (66 FR 28355 (May than petition for judicial review, unless institute a second comment period. 22, 2001)), because it is not a significant the objection arises after the comment Parties interested in commenting should regulatory action under Executive Order period allowed for in the rule. Filing a do so at this time. If EPA receives no 12866. This action will not impose any petition for reconsideration by the such comments, the public is advised collection of information subject to the Administrator of this final rule does not that this action will be effective on provisions of the Paperwork Reduction affect the finality of this rule for the November 27, 2001. Act, 44 U.S.C. 3501 et seq., other than those previously approved and assigned purposes of judicial review nor does it Administrative Requirements OMB control number 2060–0243. For extend the time within which a petition Under Executive Order 12866, additional information concerning these for judicial review may be filed, and ‘‘Regulatory Planning and Review’’ (58 requirements, see 40 CFR part 70. An shall not postpone the effectiveness of FR 51735, October 4, 1993), this action agency may not conduct or sponsor, and such rule or action. This action may not is not a ‘‘significant regulatory action’’ a person is not required to respond to, be challenged later in proceedings to and therefore is not subject to review by a collection of information unless it enforce its requirements. (See section the Office of Management and Budget. displays a current valid OMB control 307(b)(2).) Under the Regulatory Flexibility Act (5 number. List of Subjects in 40 CFR Part 70 U.S.C. 601 et seq.) the Administrator In reviewing State operating permit certifies that this rule will not have a programs submitted pursuant to Title V Administrative practice and significant economic impact on a of the Clean Air Act, EPA will approve procedure, Air pollution control, substantial number of small entities State programs provided that they meet Environmental Protection Agency, because it merely approves state law as the requirements of the Clean Air Act Intergovernmental relations, Operating
VerDate 11
permits, and Reporting and request, and failure of physicians or Public Law 105–33. This final rule with recordkeeping requirements. nonphysician practitioners to provide comment period incorporates the Dated: September 19, 2001. diagnostic codes for items or services statutory revisions of the BBA Robert W. Varney, they furnish or failure to provide this concerning CMPs and assessments into information to the entity furnishing the our existing CMP and assessment Regional Administrator, EPA New England. item or service ordered by the regulations at 42 CFR part 402, subparts Part 70, title 40 of the Code of Federal practitioner. The rule also contains A and B, as well as makes technical Regulations is amended as follows: technical changes to further conform changes to existing delegated authority. our current CMP rules to changes in the PART 70—[AMENDED] BBA statutory revisions that would statute enacted by the BBA. affect subpart C, which addresses our 1. The authority citation for part 70 DATES: These regulations are effective exclusion authority, are not addressed continues to read as follows: on October 29, 2001. We will consider in this final rule, but will be addressed Authority: 42 U.S.C. 7401, et seq. comments if we receive them at the in a separate rulemaking. 2. Appendix A to part 70 is amended appropriate address, as provided below, II. Provisions of the Final Rule by revising paragraph (b) in the entry for no later than 5 p.m. on November 27, 2001. This final rule amends 42 CFR part Massachusetts to read as follows: 402, to incorporate changes resulting ADDRESSES: Mail written comments (one Appendix A to Part 70—Approval from the enactment of the BBA. original and three copies) to the Status of State and Local Operating Specifically, we are revising §§ 402.1(c), following address only: Centers for Permits Programs 402.1(d), 402.105(d), and 402.107 and Medicare and Medicaid Services, adding § 402.105(g) with regard to the * * * * * Department of Health and Human following statutory authorities that are Massachusetts Services, Attention: CMS–6145–FC, P.O. delegated to us: Box 8013, Baltimore, MD 21244–8013. * * * * * Since comments must be received by A. Payment for Outpatient Therapy (b) The Massachusetts Department of Environmental Services submitted program the date specified above, please allow Services and Comprehensive Outpatient revisions on November, 19, 1996 and May 11, sufficient time for mailed comments to Rehabilitation Services 2001. EPA is hereby granting Massachusetts be received timely in the event of Section 4541(a)(2) of the BBA adds full approval effective on November 27, 2001. delivery delays. If you prefer, you may subsection (k) to section 1834 of the * * * * * deliver your written comments (one Social Security Act (the Act), Payment [FR Doc. 01–24064 Filed 9–27–01; 8:45 am] original and three copies) by courier to for Outpatient Therapy Services and one of the following addresses: Room BILLING CODE 6560–50–P Comprehensive Outpatient 443–G, Hubert H. Humphrey Building, Rehabilitation Services. Subsection 200 Independence Avenue, SW., (k)(6), through its cross-reference to Washington, DC 20201, or Room C5–16– DEPARTMENT OF HEALTH AND section 1842(b)(18) of the Act, requires 03, Central Building, 7500 Security HUMAN SERVICES that billing for therapy services be Boulevard, Baltimore, MD 21244–1850. subject to the mandatory assignment Centers for Medicare and Medicaid Comments mailed to the two above requirements of the Medicare statute. Services addresses may be delayed and received Failure to bill on an assignment-related too late to be considered. Because of basis may subject the violator to certain 42 CFR Parts 402 and 405 staffing and resource limitations, we sanctions, including assessments and cannot accept comments by facsimile CMPs, as provided by section 1842(j)(2) CMS–6145–FC (FAX) transmission. In commenting, of the Act. (See § 402.105(d)(3).) please refer to file code CMS–6145–FC. RIN 0938–AK49 Comments received timely will be B. Fee Schedule for Ambulance Services available for public inspection as they Section 4531(b)(2) of the BBA adds Medicare Program; Civil Money are received, generally beginning paragraph (l) to section 1834 of the Act, Penalties, Assessments, and Revised approximately 3 weeks after publication Establishment of Fee Schedule for Sanction Authorities of a document, in Room 443–G of the Ambulance Services. This provision AGENCY: Centers for Medicare and Department’s offices at 200 requires the establishment of a fee Medicaid Services (CMS), HHS. Independence Avenue, SW., schedule for ambulance services ACTION: Final rule with comment period. Washington, DC 20201, on Monday furnished and requires, in section through Friday of each week from 8:30 1834(l)(6) of the Act, suppliers of SUMMARY: This final rule with comment a.m. to 5 p.m. (phone: (202) 690–7890). ambulance services to accept period is a technical rule that updates FOR FURTHER INFORMATION CONTACT: Joel assignment (that is, to accept Medicare’s our civil money penalty (CMP) Cohen, (410) 786–3349. approved payment amount as payment regulations to add CMP authorities SUPPLEMENTARY INFORMATION: in full). Failure to bill on an assignment- already enacted as part of the Balanced related basis may subject the violator to I. Background Budget Act of 1997 (BBA) and delegated sanctions, including assessments and to us. The rule delineates our authority On December 14, 1998, we published CMPs, as provided by section 1842(j)(2) to assess penalties for: failure to bill a final rule in the Federal Register (63 of the Act. (See § 402.105(d)(4).) outpatient therapy services or FR 68687), the procedures for pursuing comprehensive outpatient rehabilitation civil money penalties (CMPs) and C. Request for Itemized Statement for services (CORS) on an assignment- assessments now set forth at 42 CFR Medicare Items and Services related basis, failure to bill ambulance part 402. We are now amending part Section 4311(b) of the BBA adds services on an assignment-related basis, 402, subpart B, to incorporate additional section 1806 to the Act. Section 1806(b), failure to provide an itemized statement CMPs authorized by sections 4541(a)(2), Request For Itemized Statement For for Medicare items and services to a 4531(b)(2), 4311(b), and 4317 of the Medicare Items and Services, provides Medicare beneficiary upon his/her Balanced Budget Act of 1997 (BBA), that a Medicare beneficiary has the right
VerDate 11
to request and receive an itemized address CMPs that we may impose Mandates Reform Act of 1995 (2 USC statement from health care providers when practitioners bill for services on a 1532). (for example, hospitals, nursing nonassigned basis in violation of section Executive Order 12866 found in 58 FR facilities, home health agencies, 1842(b)(18) of the Act. When part 402 51735 directs agencies taking physicians, practitioners, and Durable was published, however, it did not take ‘‘significant regulatory action’’ to reflect Medical Equipment Prosthetics, into account the existing provision in consideration of all costs and benefits of Orthotics and Supplies (DMEPOS) § 405.520(c) that addresses the same available regulatory alternatives and, if suppliers). From the date of the issues. To eliminate any confusion that regulation is necessary, to select beneficiary’s request, the health care the duplication may cause, we are regulatory approaches that maximize provider has 30 days to furnish this revising the CMP provision that appears net benefits (including potential statement to the beneficiary. Any in § 405.520(c) to make the appropriate economic, environmental, public health provider or supplier who fails to cross-reference to the provision that and safety effects, distributive impacts, provide an itemized statement may be now appears in §§ 402.1(c)(11), and equity). This technical rule is not a subject to a CMP of $100 for each 402.105(d)(2)(viii), and 402.107(b)(8). significant regulatory action as defined failure. (See § 402.105(g).) This conforming change serves as a by section 3(e) of Executive Order cross-reference to the appropriate CMP 12866. We believe that there are no D. Provision of Diagnostic Codes provisions and automatically corrects significant costs associated with this Section 4317 of the BBA amends the maximum penalty amount for the technical rule that would impose any section 1842(p) of the Act to include CMP described in § 405.520(c). mandates on State, local or tribal nonphysician practitioners under the governments, or the private sector that requirement to provide diagnostic codes III. Waiver of Proposed Rulemaking would result in an expenditure of $100 for items and services they furnish or to We ordinarily publish a notice of million in any given year. This rule provide this information (if required) to proposed rulemaking in the Federal incorporates technical changes to the entity furnishing the item or service Register and invite prior public previously published CMP authorities if ordered by the physician or comment on proposed rules. The notice and establishes in regulation additional nonphysician practitioner. Failure of of proposed rulemaking includes a authorities mandated by the BBA. We these practitioners to supply required reference to the legal authority under expect that all program participants will diagnostic codes subjects them, through which the rule is proposed, and the comply with the statutory and a cross-reference to section 1842(j)(2) of terms and substances of the proposed regulatory requirements making the Act, to sanctions including rule or a description of the subjects and unnecessary the imposition of a CMP. assessments. (See § 402.1(c)(16).) issues involved. This procedure can be Therefore, we do not anticipate more waived, however, if an agency finds than a de minimis economic impact as E. Technical Amendment/Revision good cause that a notice-and-comment a result of this technical change. Section 4031(a)(2) of the BBA adds a procedure is impracticable, Further, any impact that may occur will new paragraph as section 1882(s)(3) of unnecessary, or contrary to the public only affect those limited few individuals the Act. As a result, the original section interest and incorporates a statement of or entities that engage in prohibited 1882(s)(3) of the Act is redesignated as the finding and its reasons in the rule behavior. We do not anticipate any section 1882(s)(4) of the Act. We have issued. savings or costs as a result of this conformed the regulations to reflect this In the present rulemaking, we find technical change. redesignation. (See § 402.1(c)(29) and that subjecting this rule to a notice and The Regulatory Flexibility Act of 1980 § 402.1(e)(vii).) comment period is unnecessary because codified in 15 USC 603(a), as modified F. Technical Correction this final rule with comment period by the Small Business Regulatory incorporates technical changes to Enforcement Fairness Act of 1996 Finally, this final rule makes a previously published CMP authorities (SBREFA), requires agencies to technical correction to § 405.520(c), and codifies additional authorities that determine whether this technical rule which currently lists the maximum civil result from the enactment of sections will have a significant economic effect money penalty amount as $2,000 for 4541(a)(2), 4531(b)(2), 4311(b), 4317, on a substantial number of small entities each bill or request for payment in and 4031(a)(2) of the BBA and section and, if so, to identify regulatory options which a beneficiary was billed in excess 231(c) of the HIPAA. This final rule that could mitigate the impact when of Medicare coinsurance and deductible with comment period does not alter the publishing a general notice of proposed amounts. Section 231(c) of the Health legal responsibilities and regulatory rulemaking. We believe that any impact Insurance Portability and requirements of the affected program as a result of the technical rule will be Accountability Act of 1996 (HIPAA), participants, and does nothing more minimal, since, as mentioned above, the Public Law 104–191, increases the than update our regulations to reflect only individuals or entities affected will maximum civil money penalty amount already existing statutory obligations. be those limited few who engage in to $10,000 for certain acts described in Therefore, we find good cause to prohibited conduct. Since the vast section 1128A(a) of the Act. Section waive the notice of proposed majority of program participants comply 1128A(a) of the Act provides the basis rulemaking and to issue this final rule with statutory and regulatory for the amount of CMPs that may be on an interim basis. We are providing a requirements, any aggregate economic imposed under § 405.520(c). We are 60-day comment period for the public. impact will not be significant. accordingly clarifying that the Section 202 of the Unfunded maximum CMP amount under IV. Regulatory Impact Statement Mandates Reform Act of 1995 also § 405.520(c) is $10,000 for each bill or We have examined the requirements requires that agencies assess anticipated request for payment. To do this, we are of Executive Order 12866 (September costs and benefits before issuing any revising § 405.520(c) because the CMP it 1993, Regulatory Planning and Review), rule that may result in an expenditure describes was again addressed in part the Regulatory Flexibility Act (RFA) in any 1 year by State, local, or tribal 402 when it was published on December (September 19, 1980 Public Law 96– governments, in the aggregate, or by the 14, 1998 (63 FR 68690). Specifically, 354), Executive Order 13132 (August 4, private sector, of $100 million (2 U.S.C. §§ 402.1(c)(11) and 402.105(d)(2)(viii) 1999, Federalism) and the Unfunded 1532). We believe that there are no
VerDate 11
significant costs associated with this C. Paragraph (c)(29) introductory text (2) Section 1834: Paragraphs technical rule that would impose any is revised to read as set forth below. (a)(11)(A), (a)(18)(B), (b)(5)(C), (c)(4)(C), mandates on State, local or tribal D. Paragraphs (c)(31), (c)(32), and (h)(3), (j)(4), (k)(6), and (l)(6). governments, or the private sector that (c)(33) are added to read as set forth * * * * * would result in an expenditure of $100 below. (e) Exclusions. (1) CMS or OIG may million in any given year. As was E. Paragraph (d) introductory text is exclude any person from participation previously mentioned, since the republished. in the Medicare program on the basis of majority of program participants comply F. Paragraph (d)(2) is revised to read any of the following violations of the with statutory and regulatory as set forth below. statute: G. Paragraph (e)(1) introductory text is requirements, any aggregate economic * * * * * impact will not be significant. republished. (ii) Section 1834: Paragraphs Accordingly, we believe that a full H. Paragraph (e)(1)(ii) is revised to (a)(11)(A), (a)(18)(B), (b)(5)(C), (c)(4)(C), analysis under the Regulatory read as set forth below. (h)(3), (j)(4), (k)(6), and (l)(6). Flexibility Act is not necessary. I. Paragraph (e)(1)(vii) is revised to Executive Order 13132 establishes read as set forth below. * * * * * (vii) Section 1882: Paragraphs (a)(2), certain requirements that an agency § 402.1 Basis and scope. must meet when it promulgates a (p)(8), (p)(9)(C), (q)(5)(C), (r)(6)(A), (s)(4), proposed rule (and subsequent final * * * * * and (t)(2). (c) Civil money penalties. CMS or OIG rule) that imposes substantial direct * * * * * may impose civil money penalties requirement costs on State and local against any person or other entity 3. In § 402.105, the following changes governments, preempts State law, or specified in paragraphs (c)(1) through are made: otherwise has Federalism implications. (c)(33) of this section under the A. Paragraph (a) is revised to read as We have determined that this technical identified section of the Act. (The set forth below. rule will not significantly affect the authorities that also permit imposition B. Paragraphs (d)(3) and (d)(4) are rights, roles, or responsibilities of the of an assessment or exclusion are noted added to read as set forth below. States. This rule does not impose in the applicable paragraphs.) C. Paragraph (g) is added to read as set substantial direct requirement costs on forth below. State or local governments, preempt * * * * * State law, or otherwise implicate (16) Section 1842(p)(3)(A)—Any § 402.105 Amount of penalty. physician or practitioner who Federalism. (a) $2,000. Except as provided in knowingly and willfully fails promptly In accordance with the provisions of paragraphs (b) through (g) of this to provide the appropriate diagnosis Executive Order 12866, this regulation section, CMS or OIG may impose a code or codes upon request by CMS or was reviewed by the Office of penalty of not more than $2,000 for each a carrier on any request for payment or Management and Budget. service, bill, or refusal to issue a timely bill not submitted on an assignment- refund that is subject to a determination List of Subjects related basis for any service furnished under this part and for each incident by the physician. (This violation, if it 42 CFR Part 402 involving the knowing, willful, and occurs in repeated cases, may also cause Administrative practice and repeated failure of an entity furnishing exclusion.) procedure, Health facilities, Health a service to submit a properly professions, Medicaid, Medicare, * * * * * completed claim form or to include on Penalties. (29) Section 1882(s)(4)— the claim form accurate information * * * * * regarding the availability of other health 42 CFR Part 405 (31) Sections 1834(k)(6) and insurance benefit plans (§ 402.1(c)(21)). Administrative practice and 1842(j)(2)—Any person or entity who * * * * * knowingly and willfully bills or collects procedure, Health facilities, Health (d) * * * professions, Kidney diseases, Medicare, for any outpatient therapy services or (3) CMS or OIG may impose a penalty Reporting and recordkeeping comprehensive outpatient rehabilitation of not more than $10,000 for each requirements, Rural areas, X-rays. services on other than an assignment- violation, if a person or entity related basis. (This violation may also For the reasons stated in the knowingly and willfully bills or collects include an assessment and cause preamble, the Centers for Medicare and for outpatient therapy or comprehensive Medicaid Services amends 42 CFR exclusion.) (32) Sections 1834(l)(6) and rehabilitation services other than on an chapter IV as set forth below: 1842(j)(2)—Any supplier of ambulance assignment-related basis. services who knowingly and willfully (4) CMS or OIG may impose a penalty PART 402—CIVIL MONEY PENALTIES, of not more than $10,000 for each ASSESSMENTS, AND EXCLUSIONS bills or collects for any services on other than an assignment-related basis. (This violation, if a person or entity A. Part 402 is amended as set forth violation may also include an knowingly and willfully bills or collects below: assessment and cause exclusion.) for outpatient ambulance services other 1. The authority citation for part 402 (33) Section 1806(b)(2)(B)—Any than on an assignment-related basis. continues to read as follows: person who knowingly and willfully * * * * * Authority: Secs. 1102 and 1871 of the fails to furnish a beneficiary with an (g) $100. CMS or OIG may impose a Social Security Act (42 U.S.C. 1302 and itemized statement of items or services penalty of not more than $100 for each 1395hh). within 30 days of the beneficiary’s violation if the person or entity does not 1. In § 402.1, the following changes request. furnish an itemized statement to a are made: (d) Assessments. CMS or OIG may Medicare beneficiary within 30 days of A. Paragraph (c) introductory text is impose assessments in addition to civil the beneficiary’s request. revised to read as set forth below. money penalties for violations of the 4. In § 402.107, the introductory text B. Paragraph (c)(16) is revised to read following statutory sections: to the section and paragraph (b) as set forth below. * * * * * introductory text are republished, and
VerDate 11
paragraph (b)(8) is revised to read as Dated: September 19, 2001. Protection Act of 1973, 42 U.S.C. 4105, follows: Thomas A. Scully, and are in accordance with the National Administrator, Centers for Medicare & Flood Insurance Act of 1968, 42 U.S.C. § 402.107 Amount of assessment. Medicaid Services. 4001 et seq., and with 44 CFR Part 65. For rating purposes, the currently A person subject to civil money Dated: September 21, 2001. penalties specified in § 402.1(c) may be effective community number is shown Tommy G. Thompson, and must be used for all new policies subject, in addition, to an assessment. Secretary. An assessment is a monetary payment and renewals. [FR Doc. 01–24326 Filed 9–27–01; 8:45 am] in lieu of damages sustained by HHS or The modified base flood elevations BILLING CODE 4120–01–P a State agency. are the basis for the floodplain management measures that the * * * * * community is required to either adopt (b) For the violations specified in this FEDERAL EMERGENCY or to show evidence of being already in paragraph occurring after January 1, MANAGEMENT AGENCY effect in order to qualify or to remain 1997, the assessment may not be more qualified for participation in the 44 CFR Part 65 than three times the amount claimed for National Flood Insurance Program each service that was the basis for a civil Changes in Flood Elevation (NFIP). money penalty. The violations are the Determinations These modified elevations, together following: with the floodplain management criteria AGENCY: Federal Emergency * * * * * required by 44 CFR 60.3, are the Management Agency, FEMA. minimum that are required. They (8) Knowingly and willfully billing or ACTION: Final rule. should not be construed to mean that collecting for any services on other than the community must change any SUMMARY: Modified base (1% annual an assignment-related basis for a person existing ordinances that are more chance) flood elevations are finalized or entity specified in sections stringent in their floodplain for the communities listed below. These 1834(k)(6), 1834(l)(6), or 1842(b)(18)(B) management requirements. The modified elevations will be used to (§ 402.1(c)(11), (c)(31), or (c)(32)). community may at any time enact calculate flood insurance premium rates stricter requirements of its own, or * * * * * for new buildings and their contents. pursuant to policies established by other PART 405—FEDERAL HEALTH EFFECTIVE DATES: The effective dates for Federal, state or regional entities. INSURANCE FOR THE AGED AND these modified base flood elevations are These modified elevations are used to indicated on the following table and DISABLED meet the floodplain management revise the Flood Insurance Rate Map(s) requirements of the NFIP and are also Subpart E—Criteria for Determining (FIRMs) in effect for each listed used to calculate the appropriate flood Reasonable Charges community prior to this date. insurance premium rates for new ADDRESSES: The modified base flood buildings built after these elevations are B. Part 405, subpart E is amended as elevations for each community are made final, and for the contents in these available for inspection at the office of set forth below: buildings. the Chief Executive Officer of each The changes in base flood elevations 1. The authority citation for part 405, community. The respective addresses are in accordance with 44 CFR 65.4. subpart E continues to read as follows: are listed in the following table. FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act Authority: Secs. 1102 and 1871 of the Matthew B. Miller, P.E., Chief, Hazards This rule is categorically excluded Social Security Act (42 U.S.C. 1302 and Study Branch, Federal Insurance and from the requirements of 44 CFR Part 1395hh). Mitigation Administration, Hazard 10, Environmental Consideration. No 2. In § 405.520, paragraph (c) is Mapping Division, Federal Emergency environmental impact assessment has revised to read as follows: Management Agency, 500 C Street, SW., been prepared. Washington, DC 20472, (202) 646–3461, § 405.520 Payment for a physician or (email) [email protected]. Regulatory Flexibility Act assistant’s, nurse practitioner’s, and SUPPLEMENTARY INFORMATION: The The Acting Executive Associate clinical nurse specialist’s services and Federal Emergency Management Agency Director, Mitigation Directorate, certifies services furnished incident to their that this rule is exempt from the professional services. makes the final determinations listed below of modified base flood elevations requirements of the Regulatory * * * * * for each community listed. These Flexibility Act because modified base (c) Civil money penalties. Any person modified elevations have been flood elevations are required by the or entity who knowingly and willingly published in newspapers of local Flood Disaster Protection Act of 1973, bills a Medicare beneficiary amounts in circulation and ninety (90) days have 42 U.S.C. 4105, and are required to excess of the appropriate coinsurance elapsed since that publication. The maintain community eligibility in the and deductible is subject to a civil Acting Executive Associate Director has NFIP. No regulatory flexibility analysis money penalty as described in resolved any appeals resulting from this has been prepared. §§ 402.1(c)(11), 402.105(d)(2)(viii), and notification. Regulatory Classification 402.107(b)(8) of this chapter. The modified base flood elevations are not listed for each community in This final rule is not a significant (Catalog of Federal Domestic Assistance this notice. However, this rule includes regulatory action under the criteria of Program No. 93.773, Medicare—Hospital the address of the Chief Executive Section 3(f) of Executive Order 12866 of Insurance; and Program No. 93.774, Officer of the community where the September 30, 1993, Regulatory Medicare—Supplementary Medical modified base flood elevation Planning and Review, 58 FR 51735. Insurance Program) determinations are available for Executive Order 12612, Federalism inspection. The modifications are made pursuant This rule involves no policies that to section 206 of the Flood Disaster have
VerDate 11
federalism implications under Executive List of Subjects in 44 CFR Part 65 Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, Order 12612, Federalism, dated October Flood insurance, floodplains, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 26, 1987. reporting and recordkeeping 3 CFR, 1979 Comp., p. 376. Executive Order 12778, Civil Justice requirements. Reform Accordingly, 44 CFR Part 65 is § 65.4 [Amended] amended to read as follows: This rule meets the applicable 2. The tables published under the standards of Section 2(b)(2) of Executive PART 65—[AMENDED] authority of § 65.4 are amended as Order 12778. follows: 1. The authority citation for Part 65 continues to read as follows:
Dates and name of newspaper Chief executive officer of commu- Effective date of Community State and county Location where notice nity modification number was published
Illinois: Cook (FEMA Docket No. D– Unincorporated August 3, 2000, Mr. John H. Stroger, President of November 7, 170054 F 7503). Areas. August 10, the Cook County, Board of 2000. 2000, Daily Commissioners, 118 North Southtown. Clark Street, Room 537, Chi- cago, Illinois 60602. Kane (FEMA Docket No. D– City of Geneva .. August 8, 2000, The Honorable Thomas Coughlin, November 13, 170325 B 7503). August 15, Mayor of the City of Geneva, 2000. 2000, Kane 22 South First Street, Geneva, County Chron- Illinois 60134. icle. Madison (FEMA Docket No. Unincorporated January 7, 2000, Mr. Rudolph J. Papa, Madison December 28, 170436 D D–7309). Areas. January 14, County Board Chairman, Madi- 1999. 2000, The In- son County Administration telligencer. Building, 157 North Main Street, Suite 165, Edwardsville, Illinois 62025–1964. St. Clair (FEMA Docket No. City of February 15, The Honorable Gerald Daugherty, May 24, 2001 .... 170630 D–7509). Mascoutah. 2001, Feb- Mayor of the City of ruary 22, Mascoutah, 3 West Main 2001, Belle- Street, Mascoutah, Illinois ville News- 62258. Democrat. Cook (FEMA Docket No. D– Village of Orland August 3, 2000, The Honorable Daniel J. November 7, 170140 F 7503). Park. August 10, McLaughlin, Mayor of the Vil- 2000. 2000, Daily lage of Orland Park, 14700 Southtown. South Ravinier Avenue, Orland Park, Illinois 60462. Will (FEMA Docket No. D– Village of Plain- October 25, Mr. Richard Rock, Village of October 17, 170771 E 7505). field. 2000, Novem- Plainfield President, 530 West 2000. ber 1, 2000, Lockport Street, Suite 206, The Enterprise. Plainfield, Illinois 60544. Indiana: Allen (FEMA Docket No. City of Fort July 12, 2000, The Honorable Graham Richard, July 3, 2000 ...... 180003 D D–7503). Wayne. July 19, 2000, Mayor of the City of Fort The Journal Wayne, 1 Main Street, Room Gazette. 900, Fort Wayne, Indiana 46802–1804. Michigan: Macomb (FEMA Docket No. Township of January 4, 2000, Mr. John D. Brennan, Macomb December 28, 260445 B D–7309). Macomb. January 11, Township Supervisor, 19925 1999. 2000, The Twenty-Three Mile Road, Macomb Daily. Macomb, Michigan 48042. Macomb (FEMA Docket No. City of Sterling June 14, 2000, The Honorable Richard J. Notte, September 5, 260128 F D–7507). Heights. June 21, Mayor of the City of Sterling 2000. 2000, The Heights, 40555 Utica Road, Macomb Daily. P.O. Box 8009, Sterling Heights, Michigan 48311. Ohio: Licking (FEMA Docket No. City of Newark .. June 5, 2000, The Honorable Frank L. Stare III, September 11, 390335 F D–7509). June 12, Mayor of the City of Newark, 2000. 2000, The Ad- 40 West Main Street, Newark, vocate. Ohio 43055.
VerDate 11
(Catalog of Federal Domestic Assistance No. Mitigation Administration, Federal environmental impact assessment has 83.100, ‘‘Flood Insurance.’’) Emergency Management Agency, 500 C been prepared. Robert F. Shea, Street, SW., Washington, DC 20472, Regulatory Flexibility Act Acting Administrator, Federal Insurance and (202) 646–3461, or (email) Mitigation Administration. [email protected]. The Acting Executive Associate [FR Doc. 01–24347 Filed 9–27–01; 8:45 am] SUPPLEMENTARY INFORMATION: The Director, Mitigation Directorate, certifies BILLING CODE 6718–04–P modified base flood elevations are not that this rule is exempt from the listed for each community in this requirements of the Regulatory interim rule. However, the address of Flexibility Act because modified base FEDERAL EMERGENCY the Chief Executive Officer of the flood elevations are required by the MANAGEMENT AGENCY community where the modified base Flood Disaster Protection Act of 1973, flood elevation determinations are 42 U.S.C. 4105, and are required to 44 CFR Part 65 available for inspection is provided. maintain community eligibility in the [Docket No. FEMA–D–7513] Any request for reconsideration must National Flood Insurance Program. No be based upon knowledge of changed regulatory flexibility analysis has been Changes in Flood Elevation conditions, or upon new scientific or prepared. Determinations technical data. Regulatory Classification The modifications are made pursuant AGENCY: Federal Emergency to section 201 of the Flood Disaster This interim rule is not a significant Management Agency, FEMA. Protection Act of 1973, 42 U.S.C. 4105, regulatory action under the criteria of ACTION: Interim rule. and are in accordance with the National Section 3(f) of Executive Order 12866 of Flood Insurance Act of 1968, 42 U.S.C. September 30, 1993, Regulatory SUMMARY: This interim rule lists 4001 et seq., and with 44 CFR part 65. Planning and Review, 58 FR 51735. communities where modification of the For rating purposes, the currently Executive Order 12612, Federalism base (1% annual chance) flood effective community number is shown elevations is appropriate because of new and must be used for all new policies This rule involves no policies that scientific or technical data. New flood and renewals. have federalism implications under insurance premium rates will be The modified base flood elevations Executive Order 12612, Federalism, calculated from the modified base flood are the basis for the floodplain dated October 26, 1987. elevations for new buildings and their management measures that the Executive Order 12778, Civil Justice contents. community is required to either adopt Reform DATES: These modified base flood or to show evidence of being already in elevations are currently in effect on the effect in order to qualify or to remain This rule meets the applicable dates listed in the table and revise the qualified for participation in the standards of Section 2(b)(2) of Executive Flood Insurance Rate Map(s) (FIRMs) in National Flood Insurance Program Order 12778. (NFIP). effect prior to this determination for List of Subjects in 44 CFR Part 65 each listed community. These modified elevations, together From the date of the second with the floodplain management criteria Flood insurance, Floodplains, publication of these changes in a required by 44 CFR 60.3, are the Reporting and recordkeeping newspaper of local circulation, any minimum that are required. They requirements. person has ninety (90) days in which to should not be construed to mean that Accordingly, 44 CFR Part 65 is request through the community that the the community must change any amended to read as follows: Acting Executive Associate Director existing ordinances that are more reconsider the changes. The modified stringent in their floodplain PART 65—[AMENDED] management requirements. The elevations may be changed during the 1. The authority citation for Part 65 90-day period. community may at any time enact stricter requirements of its own, or continues to read as follows: ADDRESSES: The modified base flood pursuant to policies established by other Authority: 42 U.S.C. 4001 et seq.; elevations for each community are Federal, state or regional entities. Reorganization Plan No. 3 of 1978, 3 CFR, available for inspection at the office of The changes in base flood elevations 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the Chief Executive Officer of each are in accordance with 44 CFR 65.4. 3 CFR, 1979 Comp., p. 376. community. The respective addresses are listed in the following table. National Environmental Policy Act § 65.4 [Amended] FOR FURTHER INFORMATION CONTACT: This rule is categorically excluded 2. The tables published under the Matthew B. Miller, P.E., Chief, Hazards from the requirements of 44 CFR Part authority of § 65.4 are amended as Study Branch, Federal Insurance and 10, Environmental Consideration. No follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification number
Alabama: Morgan .. City of Decatur .... May 29, 2001, June 5, The Honorable Julian Price, Mayor of September 4, 010176 2001, The Decatur the City of Decatur, P.O. Box 488, 2001. Daily. Decatur, Alabama 35602. Connecticut: New Town of Branford June 11, 2001, June 18, Mr. Anthony Daros, Town of Bran- June 1, 2001 ...... 090073 C Haven. 2001, New Haven Reg- ford First Selectman, Town Hall, ister. P.O. Box 150, Branford, Con- necticut 06405.
VerDate 11
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification number
Florida: Charlotte ...... Unincorporated July 2, 2001, July 9, Mr. Jan Winters, Charlotte County June 25, 2001 ..... 120061 D Areas. 2001, Charlotte Sun Administrator, 18500 Murdock Cir- Herald. cle, Room 536, Port Charlotte, Florida 33948–1094. Duval ...... City of Jackson- August 1, 2001, August 8, ...... November 7, 2001 120077 E ville. 2001, Financial News and Daily Record. Seminole ...... Unincorporated May 30, 2001, June 6, Mr. Kevin Grace, Manager of Semi- May 23, 2001 ...... 120289 E Areas. 2001, Seninole Herald. nole County, 1101 East First Street, Sanford, Florida 32771. Georgia: Gwinnett City of Suwanee .. May 18, 2001, Gwinnett The Honorable Nick Masino, Mayor June 18, 2001. Daily Post. of the City of Suwanee, 373 U.S. Highway, Suwanee, Georgia 30024. Illinois: DuPage and Village of July 6, 2001, July 13, The Honorable Roger C. Claar, June 26, 2001 ..... 170812 F Will. Bolingbrook. 2001, The Bolingbrook Mayor of the Village of Sun. Bolingbrook, 375 West Briarcliff Road, Bolingbrook, Illinois 60440– 0951. Cook ...... Unincorporated August 9, 2001, August Mr. John H. Stroger, Jr., President of November 15, 170054 F Areas. 16, 2001, Northbrook the Cook County Board of Com- 2001. Star. missioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602. Williamson ...... City of Marion ...... July 30, 2001, August 6, The Honorable Robert Butler, Mayor November 5, 2001 170719 B 2001, The Marion Daily of the City of Marion, City Hall, Republican. 1102 Tower Square Plaza, Marion, Illinois 62959. Cook ...... Village of North- June 7, 2001, June 14, Mr. Mark V. Damisch, Village of June 1, 2001 ...... 170132 F brook. 2001, Northbrook Star. Northbrook President, 1225 Cedar Lane, Northbrook, Illinois 60062– 4582. Will ...... Unincorporated July 6, 2001, July 13, Mr. Joseph Mikan, Will County Exec- October 12, 2001 170695 F Areas. 2001, Herald-News. utive, 302 North Chicago Street, Joliet, Illinois 60432. Indiana: Allen ...... Unincorporated July 19, 2001, The Jour- Mr. Edwin J. Rousseau, President of August 8, 2001 .... 180302 E Areas. nal Gazette. the Allen County Board of Com- missioners, 1 East Main Street, Room 200, City/County Building, Fort Wayne, Indiana 46802. Allen ...... City of Fort Wayne July 19, 2001, The Jour- The Honorable Graham Richard, August 8, 2001 .... 18003 E nal Gazette. Mayor of the City of Fort Wayne, 1 East Main Street, 9th Floor, City/ County Building, Fort Wayne, Indi- ana 46802. Noble ...... Unincorporated May 30, 2001, June 6, Mr. Mark Pankap, President of the September 5, 180183 A&B Areas. 2001, The News-Sun. Noble County Board of Commis- 2001. sioners, Noble County Courthouse, 101 North Orange Street, Albion, Indiana 46701. Rush ...... Unincorporated July 31, 2001, August 7, Mr. Kenneth Brashaber, President of July 20, 2001 ...... 180421 B Areas. 2001, Rushville Repub- the Rush County Board of Com- lican. missioners, County Courthouse, 101 East Second Street, Rushville, Indiana 46173. Rush ...... City of Rushville .. July 31, 2001, August 7, The Honorable Robert M. Bridges, July 20, 2001 ...... 180223 B 2001, Rushville Repub- Mayor of the City of Rushville, lican. Rushville City Hall, 133 West First Street, Rushville, Indiana 46173. Kentucky ...... Lexington-Fayette May 30, 2001, June 6, The Honorable Pam Miller, Mayor of May 23, 2001 ...... 210067 C Urban County 2002, Lexington Herald- the Lexington-Fayette Urban Government. Leader. County Government, 200 East Main Street, 12th Floor, Lexington- Fayette Government Building, Lex- ington, Kentucky 40507. Massachusetts: Town of Pepperell June 19, 2001, The Low- Mr. Scott Butcher, Town of Pepperell July 12, 2001 ...... 250210 C Middlesex. ell Sun. Chairman, 1 Main Street, Pepperell, Massachusetts 01463.
VerDate 11
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification number
Michigan: Macomb City of New Balti- June 20, 2001, June 27, The Honorable Joe Grajek, Mayor of June 8, 2001 ...... 260125 B more. 2001, The Bay Voice. the City of New Baltimore, City Hall, 36535 Green Street, New Baltimore, Michigan 48047. Mississippi: Madi- City of Ridgeland May 17, 2001, May 24, The Honorable Gene F. McGee, May 10, 2001 ...... 280110 D son. 2001, Madison County Mayor of the City of Ridgeland, Journal. P.O. Box 217, Ridgeland, Mis- sissippi 39158. New Hampshire: Sullivan ...... City of Claremont July 23, 2001, July 30, Mr. Richard Hodgkinson, City Man- July 11, 2001 ...... 330154 C 2001, Eagle Times. ager of Claremont, 58 Tremont Square, City Hall, Claremont, New Hampshire 03743. Hillsborough ... Town of Hollis ...... June 19, 2001, June 26, Mr. Daniel McManus, Chairman of September 25, 330091 B 2001, The Telegraph. the Board of Selectmen, 7 Monu- 2001. ment Square, Hollis, New Hamp- shire 03049. New York: Chemung ...... Town of Big Flats August 15, 2001, August Mr. Merrill Lynn, Supervisor of the February 2, 2002 360148 E 22, 2001, Star Gazette. Town of Big Flats, P.O. Box 449, Big Flats, New York 14814–0449. Erie ...... Town of July 19, 2001, July 26, Mr. Dennis H. Gabryszak, Town of January 26, 2002 360231 E Cheektowaga. 2001, Cheektowaga Cheektowaga, Supervisor, Town Times. Hall, Broadway and Union Roads, Cheektowaga, New York 14227. North Carolina: Brunswick ...... Unincorporated June 28, 2001, July 5, Mr. Marty Lawing, Brunswick County October 4, 2001 .. 370295 C Areas. 2001, Wilmington Morn- Manager, P.O. Box 249, 45 Court- ing Star. house Drive, Bolivia, North Caro- lina 28422. Orange ...... Town of Carrboro May 21, 2001, May 28, Mr. Robert W. Morgan, Manager of August 27, 2001 .. 370275 C 2001, Chapel Hill Her- the Town of Carrboro, 301 West ald. Main Street, Carrboro, North Caro- lina 27510. Wake ...... Town of Cary ...... May 24, 2001, May 31, The Honorable Glenn D. Lang, August 29, 2001 .. 370238 E 2001, The Cary News. Mayor of the Town of Cary, P.O. Box 8005, Cary, North Carolina 27512. Wake ...... Town of Garner ... July 18, 2001, July 25, Ms. Mary Lou Rand, Town Manager, July 11, 2001 ...... 370240 D 2001, The News and P.O. Box 446, 900 Seventh Ave- Observer. nue, Garner, North Carolina 27529. Wake ...... City of Raleigh ..... July 18, 2001, July 25, The Honorable Paul Y. Coble, Mayor July 11, 2001 ...... 370243 D 2002, The News and of the City of Raleigh, P.O. Box Observer. 590, 222 West Hargett Street, Ra- leigh, North Carolina 27602. Wake ...... Unincorporated July 18, 2001, July 25, Mr. David Cooke, Wake County July 11, 2001 ...... 370368 D Areas. 2001, The News and Manager, Suite 1100, 337 South Observer. Salisbury Street, Raleigh, North Carolina 27602. Ohio: Fairfield, City of Columbus May 16, 2001, May 23, The Honorable Michael Coleman, August 22, 2001 .. 390170 G Franklin, and 2001, Gahanna News. May or of the City of Columbus, 90 Delaware West Board Street, Columbus, Counties. Ohio 43215. Franklin ...... Unincorporated May 16, 2001, May 23, Ms. Arlene Shoemaker, President of August 22, 2001 .. 390167 G Areas. 2001, Gahanna News. the Franklin County Board of Com- missioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215–6304. Pennsylvania; Dau- Township of East August 3, 2001, August Mr. George Rish, Township of Han- November 9, 2001 420377 B phin. Hanover. 10, 2001, Patriot News. over Board of Supervisors, 80848 Jonestown Road, Grantville, Penn- sylvania 17028. Puerto Rico ...... Commonwealth .... August 3, 2001, August The Honorable Sila Maria Calderon, November 9, 2001 720000 B 10, 2001, San Jaun Governor of Puerto Rico, Post Of- Star. fice Box 9020082, La Fortaleza, San Juan, Puerto Rico 00902. South Carolina: Anderson ...... Unincorporated June 20, 2001, June 27, Mr. Joey Preston, Anderson County September 26, 450013 B Areas. 2001, Anderson Inde- Administrator, 100 South Main 2001. pendent. Street, P.O. Box 8002, Anderson, South Carolina 29622.
VerDate 11
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification number
Richland ...... Unincorporated June 28, 2001, July 5, Mr. T. Cary McSwain, Richland June 21, 2001 ..... 450170 G Areas. 2001, The State. County Administrator, 2020 Hamp- ton Street, P.O. Box 192, Colum- bia, South Carolina 29202. Tennessee: Wilson City of Lebanon ... June 21, 2001, June 28, The Honorable Don Fox, Mayor of September 27, 470208 C 2001, The Lebanon the City of Lebanon, 200 Castle 2001. Democrat. Heights Avenue North, Suite 100, Lebanon, Tennessee 37087–2845. West Virginia: City of August 15, 2001, August The Honorable Nancy Shoebe, Act- February 2, 2001 540199 B Upshur. Buckhannon. 22, 2001, Delta Record. ing Mayor of the City of Buckhannon, 70 East Main Street, Buckhannon, West Virginia 26201. Wisconsin: Sauk ... Unincorporated May 29, 2001, News-Re- Mr. Melvin Rose, Sauk County Board June 21, 2001 ..... 550391 D Areas. public. Chairperson, 505 Broadway Street, Room 140, Baraboo, Wisconsin 53913.
(Catalog of Federal Domestic Assistance No. Study Branch, Federal Insurance and environmental impact assessment has 83.100, ‘‘Flood Insurance.’’) Mitigation Administration, Federal been prepared. Robert F. Shea, Emergency Management Agency, 500 C Regulatory Flexibility Act Acting Administrator, Federal Insurance and Street, SW., Washington, DC 20472, Mitigation Administration. (202) 646–3461, or (email) The Acting Executive Associate [FR Doc. 01–24346 Filed 9–27–01; 8:45 am] [email protected]. Director, Mitigation Directorate, certifies BILLING CODE 6718–04–P that this rule is exempt from the SUPPLEMENTARY INFORMATION: The requirements of the Regulatory Federal Emergency Management Agency Flexibility Act because final or modified (FEMA or Agency) makes final FEDERAL EMERGENCY base flood elevations are required by the determinations listed below of base MANAGEMENT AGENCY Flood Disaster Protection Act of 1973, flood elevations and modified base 42 U.S.C. 4104, and are required to 44 CFR Part 67 flood elevations for each community establish and maintain community listed. The proposed base flood eligibility in the NFIP. No regulatory Final Flood Elevation Determinations elevations and proposed modified base flexibility analysis has been prepared. flood elevations were published in AGENCY: Federal Emergency newspapers of local circulation and an Regulatory Classification Management Agency (FEMA). opportunity for the community or This final rule is not a significant ACTION: Final rule. individuals to appeal the proposed regulatory action under the criteria of SUMMARY: Base (1% annual chance) determinations to or through the Section 3(f) of Executive Order 12866 of flood elevations and modified base community was provided for a period of September 30, 1993, Regulatory flood elevations are made final for the ninety (90) days. The proposed base Planning and Review, 58 FR 51735. flood elevations and proposed modified communities listed below. The base Executive Order 12612, Federalism flood elevations and modified base base flood elevations were also flood elevations are the basis for the published in the Federal Register. This rule involves no policies that floodplain management measures that This final rule is issued in accordance have federalism implications under each community is required either to with section 110 of the Flood Disaster Executive Order 12612, Federalism, adopt or to show evidence of being Protection Act of 1973, 42 U.S.C. 4104, dated October 26, 1987. and 44 CFR Part 67. already in effect in order to qualify or Executive Order 12778, Civil Justice remain qualified for participation in the The Agency has developed criteria for Reform floodplain management in floodprone National Flood Insurance Program This rule meets the applicable (NFIP). areas in accordance with 44 CFR part 60. standards of Section 2(b)(2) of Executive EFFECTIVE DATES: The date of issuance of Interested lessees and owners of real Order 12778. the Flood Insurance Rate Map (FIRM) property are encouraged to review the List of Subjects in 44 CFR Part 67 showing base flood elevations and proof Flood Insurance Study and Flood Administrative practice and modified base flood elevations for each Insurance Rate Map available at the procedure, Flood insurance, Reporting community. This date may be obtained address cited below for each and recordkeeping requirements. by contacting the office where the maps community. are available for inspection as indicated The base flood elevations and Accordingly, 44 CFR Part 67 is on the table below. modified base flood elevations are made amended as follows: ADDRESSES: The final base flood final in the communities listed below. PART 67—[AMENDED] elevations for each community are Elevations at selected locations in each available for inspection at the office of community are shown. 1. The authority citation for Part 67 the Chief Executive Officer of each continues to read as follows: community. The respective addresses National Environmental Policy Act Authority: 42 U.S.C. 4001 et seq.; are listed in the table below. This rule is categorically excluded Reorganization Plan No. 3 of 1978, 3 CFR, FOR FURTHER INFORMATION CONTACT: from the requirements of 44 CFR Part 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Matthew B. Miller, P.E., Chief, Hazards 10, Environmental Consideration. No 3 CFR, 1979 Comp., p. 376.
VerDate 11
§ 67.11 [Amended] #Depth in #Depth in feet above feet above 2. The tables published under the ground. ground. authority of § 67.11 are amended as Source of flooding and location *Elevation Source of flooding and location *Elevation follows: in feet in feet (NGVD) (NGVD) #Depth in feet above At the confluence with Web- NEW JERSEY ground. ster Brook ...... *68 Source of flooding and location *Elevation Approximately 1,300 feet up- Bernards (Township), Som- in feet stream of Liberty Street ..... *71 erset County (FEMA Dock- (NGVD) Bass Brook: et No. D–7504) At confluence with Piper CONNECTICUT Passaic River: Brook ...... *79 Approximately 1.6 miles New Britain (City), Hartford Approximately 100 feet up- downstream of Passaic County (FEMA Docket No. stream of Route 9 ...... *100 Valley Road ...... *214 D–7508) Maps available for inspection Approximately 100 feet at the Newington Town Hall, downstream of the up- Webster Brook: 131 Cedar Street, stream corporate limits ...... *303 Approximately 500 feet Newington, Connecticut. Dead River: downstream of corporate At the downstream corporate limits ...... *51 GEORGIA limits ...... *214 Approximately 170 feet up- Approximately 0.78 mile up- stream of New Britain Ave- Morgan County (Unincor- stream of the downstream nue ...... *66 corporate limits ...... *216 Piper Brook: porated Areas) (FEMA At downstream corporate lim- Docket No. D–7510) Maps available for inspection its ...... *80 at the Bernards Township Apalachee River: Hall, Engineer’s Office, 277 Approximately 280 feet up- Approximately 2.98 miles stream of corporate limits .. *80 South Maple Avenue, Ber- downstream of State Route nards, New Jersey. Bass Brook: 186 ...... *574 At downstream corporate lim- Just downstream of State ——— its ...... *87 Route 186 ...... *623 Warren (Township), Som- Approximately 770 feet up- erset County (FEMA Dock- stream of Lewis Road ...... *265 Maps available for inspection et No. D–7506) Batterson Park Pond Brook: at the Morgan County Build- At Alexander Road ...... *182 ing Inspector’s Office, 384 Passaic River: Approximately 275 feet up- Hancock Street, Madison, Approximately 0.38 mile stream of Brittany Farms Georgia. downstream of Hillcrest Road culverts ...... *207 Road ...... *213 Sandy Brook: MASSACHUSETTS Approximately 3.45 miles up- At confluence with Bass stream of Stirling Road ..... *214 Brook ...... *87 Northbridge (Town), Maps available for inspection Approximately 575 feet up- Worcester County (FEMA at the Warren Township Hall, stream of Ella Grasso Bou- Docket No. D–7508) Engineer’s Office, 46 Moun- levard ...... *130 Riverdale Mills Sluice Gates tain Boulevard, Warren, New Maps available for inspection and Tail Race: Jersey. at the New Britain City Hall, Approximately 675 feet NEW YORK 27 West Main Street, New downstream of Riverdale Britain, Connecticut. Street ...... *256 Davenport (Town), Delaware ——— Approximately 400 feet up- County (FEMA Docket No. Newington (Town), Hartford stream of Riverdale Street *260 D–7508) County (FEMA Docket No. Blackstone River: D–7508) Approximately 25 feet down- Charlotte Creek: stream of Riverdale Street *257 At the confluence with the Mill Brook: Susquehanna River ...... *1,101 At the confluence with Piper Approximately 0.9 mile up- stream of Factory Bridge ... *274 At upstream corporate limits *1,327 Brook ...... *50 Maps available for inspection Approximately 380 feet up- Maps available for inspection at the Davenport Town Hall, stream of dam with foot- at the Northbridge Town Hall, Route 23, Davenport Center, bridge ...... *74 Zoning Office, 7 Main Street, New York. Schoolhouse Brook: Whitinsville, Massachusetts. Approximately 0.3 mile down- ——— stream of Wilson Avenue .. *74 NEW HAMPSHIRE Evans (Town), Erie County At Robbins Avenue ...... *81 (FEMA Docket No. D–7508) Piper Brook: Nashua (City), Hillsborough Reisch Creek: At the downstream corporate County (FEMA Docket No. At the confluence with Lake limits ...... *49 D–7506) Erie ...... *580 Approximately 350 feet up- Nashua River: A point approximately 180 stream of confluence of feet upstream of Revere Bass Brook ...... *79 At the downstream side of Drive ...... *681 Rock Hole Brook: B&M Railroad Bridge ...... *114 Lake Erie: Approximately 340 feet Approximately 0.75 mile up- Southwest corporate limits downstream of stream of State Route 11 .. *176 along Lake Erie ...... *580 Stonehedge Drive ...... *51 Bartemus Brook: Northeast corporate limits Approximately 380 feet up- At confluence with Nashua along Lake Erie ...... *581 stream of Willard Avenue .. *89 River ...... *165 Maps available for inspection Webster Brook: At upstream corporate limits *166 at the Evans Town Hall, Approximately 0.54 mile Maps available for inspection 8787 Erie Road, Angola, downstream of Kelsey at the Nashua City Hall, 229 New York 14006–9600. Street ...... *48 Main Street, Nashua, New Leray (Town), Jefferson Approximately 0.52 mile up- Hampshire. County (FEMA Docket No. stream of railroad embank- D–7508) ment ...... *74 Webster Brook Tributary: Indian River:
VerDate 11
#Depth in FEDERAL EMERGENCY Dated: September 24, 2001. feet above Michael D. Brown, ground. MANAGEMENT AGENCY Source of flooding and location *Elevation General Counsel. in feet 44 CFR Part 209 (NGVD) [FR Doc. 01–24332 Filed 9–27–01; 8:45 am] RIN 3067–AD06 BILLING CODE 6718–04–P Approximately 0.43 mile downstream of Joachim Supplemental Property Acquisition Road ...... *406 Approximately 1.48 miles up- and Elevation Assistance; Correction stream of Elm Ridge Road *413 FEDERAL COMMUNICATIONS AGENCY: Federal Emergency West Creek: COMMISSION At its confluence with Indian Management Agency (FEMA). River ...... *410 ACTION: Final Rule; Correction. 47 CFR Part 73 Approximately 1.07 miles up- stream of the confluence SUMMARY: We, FEMA, published a final with Indian River ...... *410 [DA 01–2151] Maps available for inspection rule on June 15, 2001, 66 FR 32666, that provides guidance on the administration at the Leray Town Hall, 8433 Radio Broadcasting Services; Various Willow Street, Evans Mills, of the Supplemental Property Locations New York 13637. Acquisition and Assistance Program. In TENNESSEE codifying that rule, some errors were AGENCY: Federal Communications found. This document corrects those Commission. Adamsville (Town), McNairy errors. County (FEMA Docket No. ACTION: Final rule. D–7510) EFFECTIVE DATE: August 14, 2001. Beason Creek: FOR FURTHER INFORMATION CONTACT: SUMMARY: The Commission, on its own Approximately 725 feet Michael S. Herman, Office of the motion, editorially amends the Table of downstream of the cor- FM Allotments to specify the actual porate limits ...... *452 General Counsel, Federal Emergency Approximately 25 feet up- Management Agency, 500 C Street SW, classes of channels allotted to various stream of Lynn Street ...... *494 Washington, DC 20472, (202) 646–4097, communities. The changes in channel Beason Creek Tributary: (Fax) 202–646–4536, or email: classifications have been authorized in At the confluence with response to applications filed by Beason Creek ...... *468 [email protected] licensees and permittees operating on Approximately 100 feet up- SUPPLEMENTARY INFORMATION: On June these channels. This action is taken stream of South Oak 15, 2001 we published a final rule, 44 Street ...... *505 pursuant to Revision of Section CFR Part 209, 66 FR 32666, that Snake Creek: 73.3573(a)(1) of the Commission’s Rules Approximately 1,440 feet provides guidance on the administration Concerning the Lower Classification of downstream of State Route of the Supplemental Property 22 ...... *402 an FM Allotment, 4 FCC Rcd 2413 Acquisition and Assistance Program. In Approximately 600 feet up- (1989), and the Amendment of the codifying that rule, some errors were stream of State Route 22 .. *402 Commission’s Rules to permit FM Maps available for inspection found. Neither the errors nor these Channel and Class Modifications at the Adamsville City Hall, corrections change the meaning of the 231 East Main Street, [Upgrades] by Applications, 8 FCC Rcd rule. The errors consist of spacing Adamsville, Tennessee. 4735 (1993). errors, incorrect punctuation and VERMONT numbering errors. This document DATES: Effective September 28, 2001. Stowe (Town), Lamoille corrects those errors. FOR FURTHER INFORMATION CONTACT: County (FEMA Docket No. In final rule FR Doc. 01–15053, Kathleen Scheuerle, Mass Media D–7510) published June 15, 2001 (66 FR 32666) Bureau, (202) 418–2180. West Branch Little River: make the following Corrections: SUPPLEMENTARY INFORMATION: This is a At confluence of East Branch summary of the Commission’s Report Little River ...... *705 PART 209—[CORRECTED] Approximately 100 feet up- and Order, adopted September 5, 2001, stream of State Route 108 *960 § 209.2 [Corrected] and released September 14, 2001. The Little River: full text of this Commission decision is Approximately 630 feet up- 1. On page 32669, third column, in stream of Canoe Factory § 209.2, remove the semicolon in the available for inspection and copying Dam ...... *688 definition of Principal residence. during regular business hours at the At confluence of East Branch FCC Reference Information Center, Little River ...... *705 § 209.7 [Corrected] Portals II, 445 12th Street, SW., Room East Branch Little River: At confluence with Little 2. On page 32671, first column, in CY–A257, Washington, DC 20554. This River ...... *705 § 209.7, correctly designate paragraph document may also be purchased from Approximately 400 feet up- (d) as paragraph (b). the Commission’s duplicating stream of Cemetery Road *708 contractor, Qualex International, Portals Maps available for inspection § 209.8 [Corrected] at the Stowe Town Hall, 67 II, 445 12th Street, SW., Room CY–B402, Main Street, Stowe, Vermont. 3. On page 32671, second column, in Washington, DC 20554, telephone 202– § 209.8(c)(8)(ii), third line, remove word 863–2893, facsimile 202–863–2898, or (Catalog of Federal Domestic Assistance No. ‘‘and’’. via e-mail [email protected]. 83.100, ‘‘Flood Insurance.’’) 4. On page 32672, first column, in List of Subjects in 47 CFR Part 73 Robert F. Shea, § 209.8(c)(9)(xiii), last line, correct the Acting Administrator, Federal Insurance and period to read ‘‘; and’’. Radio broadcasting. Mitigation Administration. 5.On page 32672, first column, in Part 73 of title 47 of the Code of [FR Doc. 01–24349 Filed 9–27–01; 8:45 am] § 209.8, correctly designate the second Federal Regulations is amended as BILLING CODE 6718–04–P paragraph (c)(9) as paragraph (c)(10). follows:
VerDate 11
PART 73—RADIO BROADCAST FEDERAL COMMUNICATIONS Federal Communications Commission. SERVICES COMMISSION John A. Karousos, Chief, Allocations Branch, Policy and Rules 1. The authority citation for part 73 47 CFR Part 73 Division, Mass Media Bureau. continues to read as follows: [FR Doc. 01–24138 Filed 9–27–01; 8:45 am] Authority: 47 U.S.C. 154, 303, 334 and 336. [DA No. 01–2145; MM Docket No. 01–134; BILLING CODE 6712–01–P RM–10137] § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Television Broadcasting Services; Elk DEPARTMENT OF TRANSPORTATION Allotments under Alabama, is amended City, OK and Borger, TX by removing Channel 270C and adding Research and Special Programs Channel 270C0 at Montgomery. AGENCY: Federal Communications Commission. Administration 3. Section 73.202(b), the Table of FM Allotments under Alaska, is amended ACTION: Final rule. 49 CFR Parts 173 and 179 by removing Channel 273C and adding SUMMARY: This document reallots [Docket No. RSPA–2001–9567 (HM–189R)] Channel 273C1 and by removing Channel 31 from Elk City, Oklahoma to Channel 284C3 and adding Channel Borger, Texas, and modifies the RIN 2137–AD51 284C1 at Fairbanks. authorization for Station KBCA to Hazardous Materials Regulations: 4. Section 73.202(b), the Table of FM specify operation on Channel 31 at Allotments under Colorado, is amended Minor Editorial Corrections and Borger in response to a petition filed by Clarifications; Correction by removing Channel 243C1 and adding TV 31, L.L.C. See 66 FR 35767, July 9, Channel 243A at Julesburg. 2001. The coordinates for Channel 31 at AGENCY: Research and Special Programs 5. Section 73.202(b), the Table of FM Borger are 35–41–56 and 100–53–34. Administration (RSPA), DOT. Allotments under Iowa, is amended by DATES ACTION: removing Channel 292C3 and adding : Effective October 29, 2001. Final rule; correction. FOR FURTHER INFORMATION CONTACT: Channel 295C3 at Bloomfield. SUMMARY: On Tuesday, August 28, 2001, Kathleen Scheuerle, Mass Media 6. Section 73.202(b), the Table of FM RSPA published a final rule under Bureau, (202) 418–2180. Allotments under Louisiana, is Docket HM–189R which amended the amended by removing Channel 293A SUPPLEMENTARY INFORMATION: This is a Hazardous Materials Regulations (HMR) and adding Channel 293C3 at Atlanta. summary of the Commission’s Report to correct inconsistencies in 7. Section 73.202(b), the Table of FM and Order, MM Docket No. 01–134, terminology and editorial errors to Allotments under Nebraska, is amended adopted September 5, 2001, and improve the clarity of the HMR. This by removing Channel 275C0 and adding released September 14, 2001. The full final rule makes certain corrections to Channel 275A at Imperial. text of this Commission decision is the August 28, 2001 final rule. 8. Section 73.202(b), the Table of FM available for inspection and copying EFFECTIVE DATE: September 27, 2001. Allotments under Texas, is amended by during regular business hours at the removing Channel 288A and adding FCC Reference Information Center, FOR FURTHER INFORMATION CONTACT: Gigi Channel 287C3 at Levelland and by Portals II, 445 12th Street, SW., Room Corbin, Office of Hazardous Materials removing Channel 229A and adding CY–A257, Washington, DC 20554. This Standards, (202) 366–8553, Research Channel 230C3 at Uvalde. document may also be purchased from and Special Programs Administration, 9. Section 73.202(b), the Table of FM the Commission’s duplicating U.S. Department of Transportation, 400 Allotments under Vermont, is amended contractor, Qualex International, Portals Seventh Street, SW., Washington, DC by removing Channel 277C3 and adding II, 445 12th Street, SW., room CY–B402, 20590–0001. Channel 277C2 at Waterbury. Washington, DC 20554, telephone 202– SUPPLEMENTARY INFORMATION: 10. Section 73.202(b), the Table of FM 863–2893, facsimile 202–863–2898, or Background Allotments under Wyoming, is amended via e-mail [email protected]. by removing Channel 247C1 and adding On August 28, 2001, RSPA published Channel 244C2 at Casper, by removing List of Subjects in 47 CFR Part 73 a final rule under Docket HM–189R (66 Channel 244C3 and adding Channel Television broadcasting. FR 45376) to correct inconsistencies in 244C2 at Laramie,1 and by removing terminology and minor editorial errors Part 73 of title 47 of the Code of Channel 299C and adding Channel 300C to improve the clarity of the HMR. This Federal Regulations is amended as at Midwest.2 final rule makes minor corrections to follows: 11. Section 73.202(b), the Table of FM the August 28, 2001 final rule, which Allotments under Guam, is amended by PART 73—RADIO BROADCAST was effective September 27, 2001. removing Channel 262C2 and adding SERVICES Because the amendments do not Channel 262C1 at Agana. impose new requirements, notice and Federal Communications Commission. 1. The authority citation for Part 73 public procedure are unnecessary. The John A. Karousos, continues to read as follows: following is a summarization of the Chief, Allocations Branch, Policy and Rules Authority: 47 U.S.C. 154, 303, 334 and 336. corrections made under this final rule. Division, Mass Media Bureau. § 73.606 [Amended] Summary of Changes [FR Doc. 01–24137 Filed 9–27–01; 8:45 am] BILLING CODE 6712–01–P 2. Section 73.606(b), the Table of TV Part 173 Allotments under Oklahoma, is In amendatory instruction 55, for the 1 Station KKRR, Laramie, Wyoming, was amended by removing Channel 31 at Elk entry for § 173.133, we are removing the previously modified from Channel 244A to Channel City. reference for paragraph (b)(1)(ii). In 244C3. See 66 FR 20608, April 24, 2001. 2 Station KRVK, Midwest, Wyoming, was 3. Section 73.606(b), the Table of TV addition, we are adding new previously modified from Channel 300A to Channel Allotments under Texas, is amended by amendatory instruction 71a. to correct 299C. See 66 FR 20608, April 24, 2001. adding Borger, Channel 31. the formula in § 173.133, paragraph
VerDate 11
(b)(1)(ii), by removing the acronym ‘‘ml’’ SUMMARY: On May 30, 1996, FRA, by reports every five years rather than on and adding the acronym ‘‘mL’’ in its issuing an Interim Final Rule, amended an annual basis, as was previously place. FRA’s signal system reporting required. This more realistic time frame requirements to reduce signal system will reduce the reporting burden to the Part 179 reporting burdens on the rail industry. industry while maintaining an adequate In amendatory instruction 198, for the At that time FRA also amended its information base. FRA also revised the entry ‘‘§ 179.220–24’’ the word regulations governing applications for information to be reported in order to ‘‘heading’’ is removed. approval of discontinuance or material reflect technological changes and FRA Accordingly, in the final rule, FR Doc. modification of a signal system and also information needs. There was no 01–16660, published at 66 FR 45376, consolidated certain pneumatic valve opposition to this section. make the following corrections: cleaning and testing intervals to Section 235.7 Changes Not Requiring eliminate overlapping and unnecessary Filing of Application PART 173—[CORRECTED] test schedules. This document discusses Section 235.7 specifies those § 173.133 [Corrected] comments received in response to the notice of Interim Final Rule and adopts modifications to railroad signal systems 1. On page 45381, in column 1, in the Interim Final Rule as a permanent that can be made by a railroad without amendatory instruction 55, for the entry final rule. the necessity of filing an application for § 173.133, the paragraph reference EFFECTIVE DATE: FRA approval. Section 235.7(c)(24) ‘‘(b)(1)(ii),’’ is removed. This regulation is effective September 28, 2001. provides that it is not necessary to file 2. On page 45382, in column 1, a new an application for approval for the FOR FURTHER INFORMATION CONTACT: amendatory instruction 71a. is added to installation, relocation, or removal of William Goodman, Staff Director, Signal read as follows: signals, interlocked switches, derails, and Train Control, Office of Safety, 71a. In § 173.133, in paragraph movable-point frogs, or electric locks in FRA, 400 Seventh Street, SW., (b)(1)(ii), the formula is revised to read an existing system directly associated Washington, DC 20590 (telephone 202– as follows: with the installation of new track; the 493–6325), or Mark Tessler, Office of elimination of existing track other than § 173.133 Assignment of packing group Chief Counsel, FRA, 400 Seventh Street, a second main track; the extension or and hazard zones for Division 6.1 materials. SW., Washington, DC 20590 (telephone shortening of a passing siding; 202–493–6061). * * * * * elimination of second main track in (b) * * * SUPPLEMENTARY INFORMATION: (1) * * * certain stated circumstances or a line (ii) * * * Background relocation. FRA added to this list of changes not requiring pre-approval from On July 1, 1996, FRA published an 6 FRA the conversion of pole line circuits 10 Interim Final Rule (61 FR 33871) in =× 3 to electronic (coded) track circuits Vi Pi mL/ m which the agency made minor changes 1013. provided that the railroad gives notice in reporting requirements. FRA solicited and a profile plan of the change to the * * * * * comments on the interim final rule and FRA regional office having jurisdiction stated that those comments would be PART 179—[CORRECTED] over that territory at least 60 days in considered in determining whether advance of the change. In addition, the § 179.220–24 [Corrected] there would be a need to take further amendment requires the railroad to also 3. On page 45390, in column 2, in action to improve these regulations. provide a copy of the notice and profile FRA received comments from three amendatory instruction 198, for the plan to representatives of employees parties: the Brotherhood of Railroad entry ‘‘179.220–24’’ remove the word responsible for maintenance, inspection Signalmen (BRS), Association of ‘‘heading’’. and testing of the signal system under American Railroads (AAR); and Issued in Washington, DC, on September 49 CFR part 236. Consolidated Rail Corporation (Conrail). The AAR, while it ‘‘appreciates any 21, 2001, under authority delegated in 49 All commenters were in general CFR part 1. efforts by government to reduce agreement that the regulatory changes Edward A. Brigham, reporting burdens on railroads,’’ were beneficial, however they provided questioned the wisdom of being Acting Deputy Administrator. various comments regarding certain [FR Doc. 01–24417 Filed 9–27–01; 8:45 am] required to provide a copy of the provisions. advance notice to representatives of BILLING CODE 4910–60–P Section By Section Analysis employees responsible for maintenance, inspection and testing of the signal Section 233.9 Signal System Reporting DEPARTMENT OF TRANSPORTATION system. The industry trade association Requirements stated, ‘‘since the union is only one of Federal Railroad Administration The Signal Systems Annual Report the several stakeholders in the signal has historically been used to monitor system partnership, AAR questions the 49 CFR Parts 233, 235 and 236 changes in the types of signal systems appropriateness of its being singled out installed on the nation’ s railroads. for special treatment by FRA in the [FRA Docket No. RSSI–1; Notice No. 2] Based on its regulatory review, FRA rule.’’ RIN 2130—AB06; 2130—AB05 concluded that the signal system FRA notes that no other stakeholder information base could be maintained objected to this provision, nor did the Signal and Train Control; while at the same time the reporting AAR suggest that any specific Miscellaneous Amendments burden imposed on railroads could be stakeholder receive such notices. Signal AGENCY: Federal Railroad reduced. FRA concluded that the maintainers on the line of railroad Administration (FRA), Department of information provided by this report planning such work are in a perhaps Transportation (DOT). does not need to be updated annually. unique position, with a valuable FRA therefore amended this section to perspective to offer regarding the signal ACTION: Final Rule. provide for filing of signal system changes. Their involvement in signal
VerDate 11
modification and discontinuance locomotive with automatic train stop, Environmental Impact proceedings in the past has provided train control, or cab signal pneumatic FRA has evaluated these regulations valuable insight to FRA—insights that apparatus receives out-of-use credit in accordance with its procedure for FRA is not willing to lose in its effort pursuant to § 229.33, the automatic train ensuring full consideration of the to ease reporting burdens on railroads. stop, train control, or cab signal potential environmental impacts of FRA Conrail expressed the opinion that the apparatus must be tested in accordance actions, as required by the National changes to this section do not go far with § 236.588 prior to the locomotive Environmental Policy Act and related enough. Conrail states that: ‘‘[p]ole line being placed in service. This further directives. FRA has determined that the carrying signal control circuits can be conforms the two sets of testing and replaced by a number of systems to amendment of Parts 233, 235 and 236 of maintenance requirements. All Title 49 of the CFR does not constitute carry vital signal information between commenters supported this provision. locations. Such systems in use and a major FRA action requiring an being installed on Conrail today Executive Order 12866 and DOT environmental assessment. include: electronic track circuits Regulatory Policies and Procedures List of Subjects carrying encoded information, These amendments have been 49 CFR Part 233 conventional AC or DC coded track evaluated in accordance with existing circuits, underground buried cable, and policies and procedures and because Railroad safety, Reporting and polar track circuits * * *.’’ Conrail they are primarily technically oriented recordkeeping requirements. therefore asked that FRA amend the rule and generally reduce the regulatory 49 CFR Part 235 to provide relief from filing an burden on railroads, FRA has concluded application to re-space signals when that the revisions do not constitute Administrative practice and open wire signal pole line is replaced significant rule under either Executive procedure, Railroad safety, Reporting with the noted systems, including Order 12866 or DOT’s regulatory and recordkeeping requirements. ‘‘future technologies performing the policies and procedures. 49 CFR Part 236 same function.’’ FRA notes that the rule changes will not necessarily prevent Regulatory Flexibility Act Railroad safety, Reporting and recordkeeping requirements. railroad use of other systems to replace The Regulatory Flexibility Act of 1980 pole line, however, such replacement (5 U.S.C. 601 et seq.) requires a review The Rule will continue to require FRA review and of rules to assess their impact on small approval. FRA will continue to review In consideration of the foregoing, the entities. FRA certifies that this rule will interim final rule amending 49 CFR the use of other systems and new not have a significant impact on a technologies as they develop, and will parts 233, 235, and 236 which was substantial number of small entities. amend its procedures when it can be published at 61 FR 33871 on July 1, There are no substantial economic assured that use of other systems can be 1996, is adopted as a final rule without impacts for small units of government, implemented safely without the change. businesses, or other organizations. necessity of FRA review. Therefore, Issued in Washington, DC on September FRA is making no change to the rule. Paperwork Reduction Act 19, 2001. Section 236.590 Pneumatic apparatus. These amendments reduce Allan Rutter, FRA amended 49 CFR 236.590 to information collection requirements and Federal Railroad Administrator. provide that the inspection and cleaning therefore reduce reporting burdens [FR Doc. 01–24243 Filed 9–27–01; 8:45 am] time interval requirements for imposed on railroads. BILLING CODE 4910–06–P pneumatic apparatus (automatic train Environmental Impact stop, automatic train control or automatic cab signal pneumatic FRA has evaluated these regulations DEPARTMENT OF TRANSPORTATION in accordance with its procedure for apparatus) be governed by the air brake Federal Railroad Administration testing intervals established in 49 CFR ensuring full consideration of the potential environmental impacts of FRA 229.29 rather than the requirements of 49 CFR Part 234 this section that required that inspection actions, as required by the National and cleaning at least once every 736 Environmental Policy Act (42 U.S.C. [FRA Docket No. RSGC–5; Notice No. 9] days. Although section 229.29 also 4321 et seq.) and related directives. FRA requires a 736-day test interval, due to has determined that this final rule is not RIN 2130–AA97 a major FRA action requiring the existing waivers, the testing and Grade Crossing Signal System Safety cleaning intervals for air brake systems preparation of an environmental impact and pneumatic systems on many statement or environmental assessment. AGENCY: Federal Railroad locomotives do not coincide. By Federalism Administration (FRA), Department of conforming the requirements of section Transportation (DOT). 236.590 to those of 49 CFR 229.29, any FRA believes it is in compliance with ACTION: Final Rule. changes in inspection and testing Executive Order 13132. This final rule intervals or recordkeeping requirements will not have a substantial effect on the SUMMARY: On June 20, 1996, FRA made to air brake systems will States, on the relationship between the published Interim Final Rule automatically apply to pneumatic train national government and the States, or Amendments amending the regulations control valves on similar types of on the distribution of power and on grade crossing signal system safety. locomotive. responsibilities among the various That rule required that railroads comply In addition to the above changes, FRA levels of government. This final rule with specific maintenance, inspection, also provided ‘‘out of service’’ credit will not have federalism implications and testing requirements for active that is applied to air brake systems that impose substantial direct highway-rail grade crossing warning under 49 CFR 229.33 to train control compliance costs on State and local systems. The rule also required that systems under 49 CFR 235.590. When a governments. railroads take specific and timely
VerDate 11
actions to protect the traveling public jointly filed a Petition for Section 234.9 Grade Crossing Signal and railroad employees from the Reconsideration with FRA requesting System Failure Reports hazards posed by malfunctioning that FRA stay enforcement of certain The Illinois Department of highway-rail grade crossing warning sections of the final rule (§§ 234.215 and Transportation recommends that the systems. Aside from the typographical 234.223) pending further consideration term ‘‘activation failure’’ be replaced in and minor corrections made today, the of those provisions. Subsequent to the this section with the all encompassing final rule issued today is identical to the joint filing, FRA issued an Interim term ‘‘warning system malfunction’’. Interim Final Rule Amendments Policy Manual addressing, among This change would have the effect of published on June 20, 1996. others, the issues and questions raised requiring that partial activations and EFFECTIVE DATE: This final rule is by the petitioners. FRA granted the false activations be reported to FRA effective on September 28, 2001. petition for reconsideration although it within 15 days of occurrence. This FOR FURTHER INFORMATION CONTACT: did not agree to stay enforcement since requirement would burden railroads William Goodman, Staff Director, Signal enforcement issues had been addressed with a reporting requirement while and Train Control, Office of Safety, in the Interim Policy Manual. The providing FRA with information not FRA, 400 Seventh Street, S.W. Interim Final Rule was in part a needed on such a short time frame. Washington, D.C. 20590 (telephone response to the joint petition for FRA’s information requirements will be 202–493–6325), or Mark Tessler, Office reconsideration. adequately served by the record keeping of Chief Counsel, FRA, 400 Seventh FRA received a number of comments requirements of § 234.109. Under that Street, SW., Washington, DC 20590 on the Interim Final Rule. The following section, records of partial activations (telephone 202–493–6061) (e-mail discussion addresses those comments. and false activations will be available to address: [email protected]). The Brotherhood of Railroad FRA for a period of one year after the SUPPLEMENTARY INFORMATION: Signalmen (BRS) pointed out occurrence. The availability of those records will provide FRA with sufficient Background typographical errors in §§ 234.215 and 234.247(b). Those errors are being information for safety oversight. On September 30, 1994, FRA corrected. Therefore, the change suggested by the published a final rule (59 FR 50086) Illinois Department of Transportation’s requiring that railroads comply with Section-By-Section Analysis suggestion will not be adopted. specific maintenance, inspection, and testing requirements for active highway- The majority of changes contained in Section 234.217 Flashing Light Units rail grade crossing warning systems. The the Interim Final Rule generated no The Iowa Department of final rule also requires that railroads comments. Accordingly, the following Transportation (Iowa DOT) take specific and timely actions to section-by-section analysis addresses recommended that the last sentence of protect the traveling public and railroad only those sections about which paragraph (b) be amended. This employees from the hazards posed by comments were received. paragraph presently states: ‘‘Each malfunctioning highway-rail grade Section 234.7 Accidents Involving flashing light unit shall be maintained crossing warning systems. Grade Crossing Signal Failure to prevent dust and moisture from On June 20, 1996 FRA published an entering the interior of the unit. Interim Final Rule which amended the The Illinois Department of Roundels and reflectors shall be clean rule issued in 1994 (61 FR 31802). The Transportation suggested that the term and in good condition.’’ Iowa DOT Interim Final Rule addressed issues ‘‘activation failure’’ in the first sentence suggests adding to the last sentence raised as a result of actual experience of § 234.7(a) should be replaced with the ‘‘including the condition of the paint under the new regulations. In addition, term ‘‘warning system malfunction’’ adequate to provide a contrasting dark shortly after the regulations were issued, which would then include partial background.’’ an FRA Technical Resolution activation and false activation as We agree with the importance of Committee (TRC) met to discuss the situations for which telephonic reports maintaining conditions which ensure regulations, their interpretation and of accidents must be made. This section that the light unit maintain its visibility implementation. Included in the TRC requires reports within 24 hours of to the motorist. Essential to good were FRA signal and train control occurrence of impact accidents visibility is the non-reflective black specialists from across the country along involving activation failure. Because finish of the light hood and background with headquarters staff. Representatives activation failures are much more likely surrounding the light. Maintaining a from rail labor and management were to immediately result in accidents, FRA contrasting dark background contributes invited to attend certain sessions as needs information regarding these to the light’s visibility. The present non-voting members to offer their malfunctions as soon as possible. language of the rule is adequate to cover perspective and expertise to the group, Telephonic reports of accidents the situation in which the background together with representatives of two involving partial and false activations or hood are in such a condition that the States active in FRA’s State would not materially assist FRA in its background does not provide sufficient Participation Program. Although the safety function, while requiring such contrast. FRA expects that the railroad purpose of this TRC was to develop the reports would place an undue responsible for maintenance of the appropriate application and administrative burden on the railroad. crossing warning system will comply interpretation of the final rule, the FRA will still receive information with § 234.207 which requires that discussion, together with other lessons pertaining to partial activations and ‘‘when any essential component of a learned during implementation, also false activations in the normal course of highway-rail grade crossing warning indicated the need to clarify certain accident reporting. This information, system fails to perform its intended portions of the regulatory text. together with the record keeping function, the cause shall be determined Additionally, the American Short Line requirements of § 234.109, will provide and the faulty component adjusted, Railroad Association, the Brotherhood FRA sufficient information with which repaired, or replaced without undue of Railroad Signalmen, and the to monitor compliance with this part delay.’’ The railroad thus has the Association of American Railroads and grade crossing safety generally. responsibility to repair or replace
VerDate 11
backgrounds or hoods if they fail to Section 234.247 Purpose of inspection conducted.’’ The form perform their intended function—to Inspections and Tests; Removal From contains the U.S. DOT/AAR Crossing provide adequate contrasting Service of Relay or Device Failing To Number together with contact names background in the case of the Meet Test Requirements and phone numbers for the appropriate background, and to provide a non- The BRS questioned whether a highway agency and railroad. This reflective shade in the case of the hood. railroad has an obligation under voluntary approach has been working FRA expects that the railroad § 234.247, to respond to reports of false very well and there does not appear to responsible for maintenance of the grade activations while a track is out of be any need to regulate this issue. crossing warning system will comply service. A railroad would have an Executive Order 12866 and DOT with § 234.207 in these situations. FRA obligation to respond to any false Regulatory Policies and Procedures Signal and Train Control inspectors will activation reports since the motorist will These amendments have been be prepared to enforce this section be responding to the grade crossing evaluated in accordance with existing accordingly. warning system irrespective of the policies and procedures. Because these status of rail service. However, this amendments are primarily technically Section 234.225 Activation of Warning section would not apply if the grade oriented and generally reduce the System crossing warning system is temporarily regulatory burden on railroads, FRA has taken out of service when the tracks The Illinois Department of concluded that this revisions do not over the grade crossing are taken out of Transportation recommended that constitute a significant rule under either service or when the railroad suspends language be added to the present Executive Order 12866 or DOT’s operations during a portion of the year. regulatory section as follows: ‘‘Where regulatory policies and procedures. highway traffic signals and railroad Of course, a full inspection and all warning signals are interconnected, required tests must be successfully Regulatory Flexibility Act additional warning time may be completed before railroad operations The Regulatory Flexibility Act of 1980 over the grade crossing resume. This required to enable the traffic signals to (5 U.S.C. 601 et seq.) requires a review section is being revised to eliminate the clear the intersection and display a of rules to assess their impact on small typographical error of in which the green signal for the track approach leg entities. FRA certifies that this rule will phrase ‘‘or the railroad suspends of the intersection. This time will vary not have a significant impact on a operations during a portion of the year’’ depending on the length of storage substantial number of small entities. appeared twice in paragraph (b). distance between the tracks and the There are no substantial economic highway intersection.’’ Section 234.261 Highway Traffic impacts for small units of government, businesses, or other organizations. This important subject has been Signal Preemption addressed by the Secretary of Iowa Department of Transportation Paperwork Reduction Act Transportation’s Technical Working suggests that this section be amended by These amendments to part 234 do not Group. The language proposed by the adding the following paragraphs: ‘‘(b) A change any information collection Illinois DOT is best approached as a tag or marking shall be affixed inside requirements. general guideline to be used in certain the control unit for any railroad signal situations rather than as a regulatory which is interconnected with a highway Environmental Impact requirement. The Technical Working traffic signal. In addition to the words FRA has evaluated these regulations Group has recommended that ‘‘WARNING, INTERCONNECTION WITH in accordance with its procedure for practitioners, when planning and HIGHWAY TRAFFIC SIGNALS,’’ the name, ensuring full consideration of the designing preemption systems, use date and telephone number of the potential environmental impacts of FRA guidance found in the Institute of responsible highway authority shall be actions, as required by the National Transportation Engineers (ITE) revised posted therein in a legible manner and Environmental Policy Act (42 U.S.C. Recommended Practices (ITE Journal, be maintained current as of the date of 4321 et seq.) and related directives. FRA February 1997) ‘‘Design Guidelines for the last contact with that authority. (c) has determined that this final rule is not Railroad Preemption at Signalized The responsible highway authority shall a major FRA action requiring the Intersections.’’ be contacted immediately when any preparation of an environmental impact change is made in the crossing warning statement or environmental assessment. Section 234.245 Signs system that affects the operation of the highway traffic signal system.’’ Federalism One commenter suggested that this This concept has been addressed by FRA believes it is in compliance with section require that signs ‘‘shall reflect the Secretary’s Technical Working Executive Order 13132. This final rule current site conditions.’’ The content of Group. A form similar to that suggested will not have a substantial effect on the signs mounted on grade crossing signal by Iowa DOT has been developed and States, on the relationship between the posts is not an appropriate matter for a is being distributed throughout the national government and the States, or rule dealing with maintenance, country for placement in both grade on the distribution of power and inspection and testing and is beyond the crossing signal cases and in highway responsibilities among the various scope of this proceeding. The traffic signal cases. The form states in levels of government. This final rule information needed to be conveyed on part: ‘‘Highway-Rail Grade Crossing will not have federalism implications a signal post is dependent on a decision Warning System and Highway Traffic that impose substantial direct by the state or local transportation Signals are Interconnected. BEFORE compliance costs on State and local authority having jurisdiction over the MODIFICATION is made to any operation governments. highway crossing the railroad tracks and which connects to or controls the timing is subject to the requirements of the of an active railroad warning system List of Subjects in 49 CFR Part 234 Federal Highway Administration’s and/or timing and phasing of a traffic Highway safety, Railroad safety, Manual on Uniform Traffic Control signal the appropriate party(ies) shall be Reporting and recordkeeping Devices (MUTCD). notified and, if necessary, a joint requirements.
VerDate 11
The Rule DEPARTMENT OF THE INTERIOR was first collected near Shem in Washington County, Utah, by Duane In consideration of the foregoing, the Fish and Wildlife Service Atwood in 1976. The species was interim final rule revising 49 CFR part originally described by Stanley Welsh 234 which was published at 61 FR 50 CFR Part 17 (1986) as a variety of A. eremiticus. 31802 on June 20, 1996, is adopted as RIN 1018–AG02 Barneby (1989) questioned the a final rule with the following changes: taxonomic significance of the species Endangered and Threatened Wildlife and submerged A. eremiticus var. PART 234—GRADE CROSSING and Plants; Determination of ampullarioides within typical A. SIGNAL SYSTEM SAFETY Endangered Status for Astragalus eremiticus. Later research work by holmgreniorum (Holmgren milk-vetch) Harper and Van Buren (1998) and 1. The authority citation for part 234 and Astragalus ampullarioides Stubben (1997) demonstrated significant continues to read as follows: (Shivwits milk-vetch) genetic and ecological differences between typical A. eremiticus and A. Authority: 49 U.S.C. 20103, 20107, and 49 AGENCY: Fish and Wildlife Service, eremiticus var. ampullarioides. Welsh CFR 1.49. Interior. (1998) revised the species’ taxonomy 2. Revise § 234.215 to read as follows: ACTION: Final rule. elevating the taxon to full species status as A. ampullarioides. Both species are § 234.215 Standby power system. SUMMARY: We, the Fish and Wildlife narrowly distributed Mojave Desert Service (Service), have determined A standby source of power shall be endemics restricted to the immediate endangered status under the vicinity of St. George, Utah. provided with sufficient capacity to Endangered Species Act (Act) of 1973, operate the warning system for a A member of the pea family as amended, for two perennial herbs— (Fabaceae), Astragalus holmgreniorum reasonable length of time during a Astragalus holmgreniorum (Holmgren is a stemless herbaceous (non-woody) period of primary power interruption. milk-vetch) and Astragalus perennial that produces leaves and The designated capacity shall be ampullarioides (Shivwits milk-vetch). small purple flowers in the spring, both specified on the plans required by Three small populations of A. of which die back to its roots after the § 234.201 of this part. holmgreniorum exist in Washington flowering season. The plant’s pinnately 3. Revise § 234.247(b) to read as County, Utah, and adjacent Mohave compound leaves (leaves arranged on follows: County, Arizona. Five small populations opposite side of the stem in a row) arise of A. ampullarioides exist in directly from the root crown. The leaves § 234.247 Purpose of inspections and Washington County, Utah. Significant are pressed close to the ground, and are tests; removal from service of relay or portions of the habitat of both species 4 to 13 centimeters (cm) (1.5 to 5.1 device failing to meet test requirements. are subject to disturbance from urban inches (in)) long, and have 9 to 15 * * * * * development, off-road vehicles (ORVs), leaflets. The leaflets are 0.8 to 1.6 cm grazing, displacement by exotic weeds, (0.3 to 0.6 in) long and are broadly (b) If a railroad elects not to comply and mineral development. This obovate (oval with the narrow end with the requirements of §§ 234.249 determination that A. holmgreniorum towards the base of the leaf) in shape. through 234.271 because all tracks over and A. ampullarioides are endangered The flowers of A. holmgreniorum are 1.8 the grade crossing are out of service or species implements the Federal to 2.4 cm (0.7 to 0.9 in) long, and 0.6 the railroad suspends operations during protections provided by the Act for to 0.9 cm (0.2 to 0.4 in) wide and have a portion of the year, and the grade these plants. the distinctive papilionaceous flower crossing warning system is also DATES: Effective October 29, 2001. shape of a legume (pea-like flower with temporarily taken out of service, a full ADDRESSES: The complete file for this five petals that include a large petal on inspection and all required tests must be rule is available for inspection, by top enclosing two lateral petals and two successfully completed before railroad appointment, during normal business smaller lower petals). The flowers are operations over the grade crossing hours at the U.S. Fish and Wildlife borne in a raceme inflorescence (flowers resume. Service, Lincoln Plaza, Suite 404, 145 occur along a stalk), commonly with 6 * * * * * East 1300 South, Salt Lake City, Utah to 16 flowers. The peduncle (flower 84115. stalk) is 2 to 8.5 cm (0.8 to 3.6 in) long Issued in Washington, D.C. on September and arises directly from the root crown. 19, 2001. FOR FURTHER INFORMATION CONTACT: John The peduncle is erect during anthesis Allan Rutter, L. England, Botanist, Utah Field Office, (period the flower is open) and is Federal Railroad Administrator. at the address listed above (telephone prostrate when the plant’s in fruit [FR Doc. 01–24242 Filed 9–27–01; 8:45 am] 801/524–5001). (Barneby 1980; 1989; Welsh, et al. 1987; SUPPLEMENTARY INFORMATION BILLING CODE 4910–06–P Stubben 1997). The fruits are pods 3 to 5 cm (1 to 2 in) long and 0.6 to 0.9 cm Background (0.2 to 0.4 in) across. The pods retain Astragalus holmgreniorum (Holmgren seeds even after the pods fully open up milk-vetch) was first collected as a along the margin. With age, each pod scientific specimen in 1941 by Melvin eventually dries out and opens up at Ogden. Rupert Barneby and Noel and both the top and bottom ends (Barneby Patricia Holmgren rediscovered the 1989; Stubben 1997). species in 1979. Barneby (1980) Astragalus holmgreniorum grows on recognized the species as a unique taxon the shallow, sparsely vegetated soils occurring in a localized area on the derived primarily from the Virgin Arizona-Utah border, and named it for limestone member of the Moenkopi its co-discoverers. Astragalus Formation. The species is a principal ampullarioides (Shivwits milk-vetch) member of a warm-desert shrub
VerDate 11
vegetative community dominated by the to 20 in). However, ungrazed flowering individual plants (L. England, pers. following perennial shrubs— stems may attain a height of 1 meter (40 comm. 1999, Utah Natural Heritage Acamptopappus sphaerocephalus in). Its leaves are pinnately compound, Program 1999, Van Buren, pers. comm. (desert goldenhead), Ambrosia dumosa 4 to 18 cm (1.6 to 7.1 in) long, and have 2000). The second population in the (white burrobush), Krameria parvifolia 11 to 23 elliptical leaflets. Each plant Harrisburg area is located within a (range ratany), and Lycium andersonii produces about 45 small cream-colored rapidly expanding commercial, (Anderson wolfberry). In addition, plant flowers about 2 cm (0.8 in) long on a recreational, and residential species associated with A. single stalk in the spring. Seeds are development. This population holmgreniorum include several produced in small pods, and the plant contained over 1,000 individuals in perennial and annual forbs and grasses; dies back to its root crown after the 1995 (England, pers. comm. 1995) and most significant are the introduced flowering season. The fruit is a short, had declined to about 200 individual weedy species—Bromus rubens (foxtail broad pod between 0.8 and 1.5 cm (0.3 plants in 1998 (Utah Natural Heritage brome), Erodium cicutarium (storksbill), to 0.6 in) in length and 0.6 to 1.2 cm (0.2 Program 1999). This population and Malcolmia africana (African to 0.5 in) in width (Barneby 1989; Welsh declined to less than 50 individuals in mustard) (Stubben 1997; Armstrong and 1986, 1998; Welsh, et al. 1987). 2000 (England, pers. comm. 2000). Most Differences between Astragalus Harper 1991; Van Buren 1992; Harper of its habitat has been converted to a and Van Buren 1998, 2000b). ampullarioides and typical A. Only three populations of Astragalus eremiticus, which also is found in golf course. The fifth population occurs holmgreniorum are known. The species Washington County, Utah, are apparent in the southwest corner of Zion National primary population exists on the from the following morphological and Park with a population estimated at 300 Arizona (Mohave County) and Utah ecological characteristics—(1) A. to 500 individuals (Harper, pers. comm. (Washington County) border ampullarioides has more flowers in 2000; Van Buren, pers. comm. 2000). approximately 11 kilometers (km) (7 each inflorescence, (2) A. Native plant species normally miles (mi)) south of the center of St. ampullarioides has more elongated associated with A. ampullarioides George, Utah (Stubben 1997). This flower stalks, (3) A. ampullarioides has include Dichlostemma pulchellum population is fragmented by Interstate wider pods, (4) A. ampullarioides has (beautiful bluedicks), Lotus humistratus Highway 15, areas of urban taller plants, (5) A. ampullarioides has (birdsfoot trefoil), Gutierrezia development, and spotty natural habitat hollow stems, while A. eremiticus stems microcephala (snakeweed), Calochortus occurrences. The number of individual are solid, and (6) A. ampullarioides flexuosus (mariposa lily), and several plants in all the species’ populations plants are highly palatable to grazing other Mojave Desert plants. Currently varies considerably from year to year. animals, while typical A. eremiticus is the most significant plant species This population averages about 9,000 to seldom if ever eaten (Barneby 1989; associated with A. ampullarioides are 10,000 plants in years with wet winters Welsh 1986, 1998; Welsh, et al. 1987; the introduced weedy species Bromus (Stubben 1997; R. Van Buren, Utah Van Buren 1992; Harper and Van Buren rubens (foxtail brome), B. tectorum Valley State College, Orem, Utah, pers. 1998). The variation between the two (cheat grass), Erodium cicutarium comm. 1998). The second population is species also is apparent at the genetic (storksbill), and Malcolmia africana south of the town of Santa Clara about level. The DNA analysis of Astragalus (African mustard) (Armstrong and 8 km (5 mi) west of St. George. This species have shown significant Harper 1991; Van Buren 1992, 1998; population consists of 2 sites whose differences in genetic markers between Harper and Van Buren 1998, 2000a). total numbers average about 1,000 A. ampullarioides and A. eremiticus Astragalus ampullarioides is individual plants (Stubben 1997; Van (Stubben 1997). threatened by the same activities as A. Astragalus ampullarioides grows only Buren 1992; R. Bolander, Bureau of holmgreniorum. In addition, A. on purple clay soils derived from the Land Management, Salt Lake City, Utah, ampullarioides is heavily grazed by pers. comm. 2000). The third population Petrified Forest member of the Chinle most wild and domestic herbivores, and consists of about 30 plants, and is geological formation. The species is one of its five populations is threatened located in Purgatory flat approximately known from five separate sites in by activities associated with clay quarry 15 km (9 mi) east of St. George (Stubben Washington County, Utah. These sites mining and unauthorized waste 1997; R. Bolander, pers. comm. 2000). are distributed on a narrow band of the disposal (Harper 1997). A. The small number of populations and exposed Chinle formation over a restricted habitat of this species make it distance of about 72 km (45 mi) near St. ampullarioides is restricted to clay soils vulnerable to human-caused and natural George, Utah. These 5 populations derived from outcrops of the Chinle environmental disturbances. Urban contain a total of approximately 1,000 formation, which naturally limits its expansion of St. George and highway individual plants (R. Van Buren, pers. potential habitat and population (Van and power line construction have comm. 1998, 2000). Two of the five Buren and Harper 2000a). The destroyed significant portions of the populations occur near Shivwits on the populations of both species fluctuate species’ potential habitat and threaten western edge of the species range. One significantly year to year primarily due additional occupied habitat. The species population occurs on the Shivwits to extreme variations in local also is threatened by ORV use, Indian Reservation and contains about precipitation. The population numbers displacement by exotic weeds, mineral 50 individual plants (L. England, pers. cited above reflect the highest levels exploration and development (Harper comm. 1999); the other population observed since 1992; in an average 1997, Stubben 1997, Van Buren and occurs on Bureau of Land Management precipitation year populations will be Harper 2000b). (BLM) land and contains about 135 about half of that cited above, while Astragalus ampullarioides (Shivwits individual plants (Utah Natural Heritage drought-year population numbers will milk-vetch) is a perennial, herbaceous Program 1999). Two other populations be 10 percent or less of the maximum plant that is considered a tall member occur near Harrisburg Junction on the observed levels (Van Buren and Harper of the pea family, although some plants eastern edge of the species range. One 1998, 2000a; Van Buren 1999; R. appear shorter because of grazing of these populations with 4 disjunct Bolander, pers. comm. 2000; J. impacts. Stems may grow along the sites occurs on a mixture of State and Anderson, Bureau of Land Management, ground or to a height of 20 to 50 cm (8 BLM lands and contains about 300 Phoenix, Arizona, pers. comm. 2000).
VerDate 11
Previous Federal Action of the plants and the significant newspaper notices requesting public Section 12 of the Act (16 U.S.C. 1533 population and individual losses of both comment on the proposed rule in the et seq.) directed the Secretary of the plants. The petition also requested following newspapers—the Salt Lake Smithsonian Institution to prepare a designation of critical habitat Tribune and the Deseret News, both report on those plants considered to be concurrent with the listing. Inasmuch as published in Salt Lake City, Utah, with endangered, threatened, or extinct in the A. holmgreniorum and A. general circulation throughout Utah, on United States. This report, designated as ampullarioides are currently designated May 6, 2000; The Spectrum, published House Document No. 94–51, was candidate species with assigned listing in St. George, Utah, with circulation in presented to Congress on January 9, priorities of two and three, respectively, Washington County, Utah, on April 28, we consider them already under 2000; and The Kingman Daily Miner, 1975. We published a notice in the July petition and covered by a warranted but published in Kingman, Arizona, with 1, 1975, Federal Register (40 FR 27823) precluded finding. We responded to this circulation in Mohave County, Arizona, announcing our decision to treat the petition on June 14, 1999, notifying the on May 9, 2000. No public hearing Smithsonian report as a petition within petitioner that our Endangered Species requests were made pursuant to the the context of section 4(c)(2) (now Petition Management Guidance issued April 12, 2000, proposed rule. However, section 4(b)(3)) of the Act, and our in July 1996 considers a petition for a at the invitation of the Shivwits Band of intention to review the status of those candidate species as redundant, and as the Paiute Tribe, the Washington plants. such will be treated as a second County Commission, and the St. George The July 1975 notice was updated by petition. We also notified the petitioner Area Chamber of Commerce, we met a notice in the Federal Register on that preparation of a proposed rule for with those groups respectively on May December 15, 1980 (45 FR 82480). On listing of A. holmgreniorum and A. 3, 2000, May 18, 2000, and June 7, 2000, November 28, 1983, we amended the ampullarioides was ongoing and would and answered and addressed the 1980 notice (48 FR 53640) and added be published in the Federal Register in questions and concerns of those groups Astragalus holmgreniorum as a category the near future. concerning the impact of the proposed 2 candidate species. Category 2 On April 12, 2000, we published a listing on regional land use and urban candidates were defined as taxa for proposed rule to list Astragalus development plans in the St. George which information indicated that holmgreniorum and A. ampullarioides area. proposing to list the taxa as endangered as endangered species in the Federal We received a total of five comments or threatened was possibly appropriate Register (65 FR 19728). The comment (one from private organization, two from but substantial data on biological period was open until June 12, 2000. a Federal agency, one from a State vulnerability and threats were not With the publication of this final rule, agency, and one from a local currently known or on file to support a we now determine that A. government) during the proposed rule’s listing proposal. A later Notice of holmgreniorum and A. ampullarioides open comment period from April 12, Review published on February 21, 1990 are endangered. 2000 to June 12, 2000. Three comments (55 FR 6185), maintained A. We have updated this rule to reflect were in general agreement with and holmgreniorum as a category 2 species any changes in distribution, status, and supportive of our proposal. One of these and included A. eremiticus var. threats since publication of the provided additional information on the ampullarioides (a synonym of A. proposed rule and to incorporate status of the species and made ampullarioides) as a category 2 species. information obtained during the public suggestions to clarify our proposed rule. Based on new biological and threat comment period. This additional One comment was a request for information (Armstrong and Harper information did not alter our decision to continued consultation on their actions 1991; Van Buren 1992) we identified list these species. affecting one of these species. One Astragalus holmgreniorum as a category comment raised a series of issues related Summary of Comments and 1 candidate in the 1993 plant Notice of to the listing of Astragalus Recommendations Review (58 FR 51133). At that time, holmgreniorum and A. ampullarioides category 1 candidates comprised taxa We have reviewed all written and oral and is discussed below. A summary of for which we had significant biological comments received during the comment comments received in response to the information to propose the species as period and have incorporated updated proposed rule follows. endangered or threatened. data and information into appropriate Issue 1. Will actions affecting In the February 28, 1996, Notice of sections of this rule. We have organized unoccupied potential habitat of Review (61 FR 7596), we ceased using substantive comments concerning the Astragalus holmgreniorum and A. the category designations for candidates proposed rule into specific issues. We ampullarioides invoke the need for and included both Astragalus grouped comments of a similar nature or formal interagency consultation under holmgreniorum and A. ampullarioides subject matter into a number of broader the provisions of section 7 of the Act? (A. eremiticus var. ampullarioides) as issues. These issues and our response to Response—We do not consult on candidate species. Candidate species are each are presented in the subsections projects that do not affect listed species those for which we have on file below. or their critical habitat. We have not yet sufficient information on biological In the April 12, 2000, proposed rule delineated critical habitat for Astragalus vulnerability and threats to support in the Federal Register (65 FR 19728) holmgreniorum and A. ampullarioides. proposals to list the species as and associated notifications, we Actions affecting only unoccupied, threatened or endangered. requested all interested parties to potential habitat for the species will not On June 2, 1999, we received a submit factual reports or information trigger formal consultation unless such petition from Peter Galvin of the that might contribute to the areas are ultimately designated as Southwest Center for Biological development of a final rule. We critical habitat. Diversity, Tucson, Arizona, to list both contacted and requested comments from Issue 2. How will land exchanges for Astragalus holmgreniorum and A. all appropriate Federal and State the Red Cliffs Desert Reserve (Mojave ampullarioides as endangered species agencies, City and County governments, desert tortoise) impact these two under the Act. The petition specified scientific organizations, and other species? Can BLM proceed with the endangered status because of the rarity interested parties. We published exchanges? Is the land exchange subject
VerDate 11
to formal consultation? Will the that listing decisions are based on encroach on and threaten the habitat of exchange be halted completely? scientifically sound data, assumptions, both species. Response—The statement in the and analyses, including input from Habitat degradation from ORV use is proposed rule concerning the impact of appropriate experts and specialists. increasing within both species’ habitats. the Red Cliffs Desert Reserve on Three specialists responded to our Both Astragalus holmgreniorum and A. Astragalus holmgreniorum and A. request for peer review of this listing ampullarioides are in the same general ampullarioides referred to urban action and supported the listing and our area as the listed plant species development in the local area in analysis of the biological and ecological Arctomecon humilis (dwarf bear- general. The presence of the tortoise situation facing these species. In poppy), which has been severely reserve, established as the primary addition, two reviewers provided impacted by ORV use and urban mitigation measure under the additional biological, ecological, and development (Harper 1997; R. Van Washington County Habitat demographic information concerning Buren, pers. comm. 1998). The Utah Conservation Plan, approved in 1996, these species. That information was Army National Guard conducts military will accelerate development in a incorporated into this final rule. training on State of Utah lands within southern direction from St. George and the occupied habitat of A. other surrounding cities. Thus, the Summary of Factors Affecting the holmgreniorum between the current reserve may hasten development in Species urbanized center of St. George and the habitat occupied by both of these plant Section 4(a)(1) of the Act and Utah-Arizona border (D. Johnson, Utah species. However, some land acquisition regulations (50 CFR part 424) Army National Guard, pers. comm. and protection associated with the promulgated to implement the listing 2000). This activity has destroyed reserve will improve recovery prospects provisions of the Act set forth the individual A. holmgreniorum plants and for A. ampullarioides. Land exchanges procedures for adding species to the has degraded the species’ habitat (Van are one mechanism used by the BLM to Federal lists. A species may be Buren, pers. comm. 2000). acquire tortoise habitat within the determined to be an endangered or Conservation measures to protect the reserve. All administrative land threatened species due to one or more recently listed Mohave Desert tortoise exchanges are subject to section 7 of the five factors described in section (Gopherus agassizii) population from development may have caused a change interagency consultation under the Act. 4(a)(1). These factors and their in urbanization patterns that may lead Land exchanges that could result in loss application to Astragalus to an increase in urban development of habitat for either plant species will be ampullarioides (Welsh) Welsh (Shivwits and encroachment into the habitat of evaluated, and neither the Service nor milk-vetch) and A. holmgreniorum Astragalus holmgreniorum and A. the BLM will approve any exchanges Barneby (Holmgren milk-vetch) are as ampullarioides (Stubben 1997; Harper that jeopardize the future existence of follows: either species. Currently, the BLM, as a 1997; D. Pietrzak, BLM, St. George, matter of policy, does not exchange A. The present or threatened Utah, pers. comm. 1993). Patterns of lands occupied by either A. destruction, modification, or urban, commercial, and residential holmgreniorum and A. ampullarioides curtailment of its habitat or range. The expansion north of St. George City were for private or State lands within the entire population of Astragalus affected by conservation efforts for the boundaries of the Reserve. Land holmgreniorum and most of the Desert tortoise including the exchanges that do not adversely affect population of A. ampullarioides are Washington County Habitat A. holmgreniorum and A. vulnerable to habitat loss and Conservation Plan. Significant areas of ampullarioides will proceed as normal. extirpation due to urban growth and potential community growth in the St. Issue 3. Habitat conditions favorable development in the St. George area of George area, especially between the city to the growth of Astragalus Washington County, Utah. St. George is and the Arizona border, are within the holmgreniorum and A. ampullarioides a rapidly growing city. The population occupied habitat of A. holmgreniorum are more widespread than the actual of the St. George area has grown from and A. ampullarioides. known populations. Listing should be about 48,000 in 1990 to over 75,000 in The presence of the tortoise reserve, delayed until the true extent of the 1999, and is projected to double within established as the primary mitigation populations is determined. the next 20 years. The construction of measure under the Washington County Response—There have been extensive residential housing, commercial Habitat Conservation Plan approved in surveys for both species within and far buildings, and recreational facilities has 1996, will accelerate development in a beyond their known habitat. While destroyed occupied and potential southern direction from St. George and these species may occupy other habitat of both species during the last 5 other surrounding cities. Thus, the currently unknown sites, it is unlikely years (Harper 1997; Stubben 1997; R. reserve may hasten development in that unknown sites would be of Van Buren, pers. comm. 1998, 2000; K. habitat occupied by both plant species significant size to materially change the Harper, pers. comm. 2000). The (E. Owens, U.S. Fish and Wildlife current status of either species. continued demand for land for urban Service, Salt Lake City, Utah, pers. expansion of Washington County comm. 2000). Peer Review communities threatens all populations In Utah, occupied Astragalus In accordance with our policy of A. holmgreniorum and the central holmgreniorum and A. ampullarioides published in the Federal Register on populations of A. ampullarioides habitat occurs on Federal (BLM), State July 1, 1994 (59 FR 34270), we solicited (Harper 1997; Stubben 1997). of Utah, Tribal (Shivwits Band of the the expert opinion of four appropriate Residential and commercial Paiute Tribe), and private land. In and independent specialists regarding development, along with associated Arizona, A. holmgreniorum is restricted pertinent scientific or commercial data construction of new roads, highways, to State of Arizona lands immediately and assumptions relating to the electric power transmission lines, adjacent to the Utah border. Private and supportive biological and ecological pipelines, airports, residential and State lands may be subject to land use information for Astragalus commercial buildings, recreational changes such as an increase in urban holmgreniorum and A. ampullarioides. facilities such as golf courses, and development. Federal lands with The purpose of this review is to ensure maintenance of existing roads will populations of A. holmgreniorum may
VerDate 11
be subject to exchange or sale to the addition, overgrazing over a period of University, Logan, Utah pers. comm. States or private parties. The State of time can cause a shift in the plant 2000; R. Bolander, pers. comm. 2000). Utah had proposed to the BLM to communities to favor faster growing Fragmented, isolated populations acquire lands that harbor the largest invasive alien plants, which has a restrict pollinator exchange between portion of the A. holmgreniorum negative effect on both A. occupied population sites. This population in exchange for occupied homgreniorum and A. ampullarioides. situation may cause genetic isolation, desert tortoise habitat north of St. D. The inadequacy of existing which may potentially lead to George in Washington County (Stubben regulatory mechanisms. No Federal or inbreeding and local extirpation of 1997; D. Pietrzak, pers. comm. 1993). A State laws or regulations directly protect isolated populations. Urban expansion private land developer has proposed to Astragalus holmgreniorum and A. and associated impacts may directly and develop much of the Utah portion of the ampullarioides or their habitat. indirectly affect pollinators through loss A. holmgreniorum habitat for a planned However, the BLM Manual 6840 states of pollinator habitat and increased residential community. A major that ‘‘The BLM shall carry out pesticide use (R. Bolander, pers. comm. highway is proposed for construction management, consistent with multiple 2000). through the A. holmgreniorum habitat use, for the conservation of candidate Any factor preventing seed set or seed between St. George and the Arizona species and their habitats and shall germination, in addition to natural border. A proposed planned community ensure that actions authorized, funded, abiotic factors (i.e., precipitation and development near Harrisburg Junction or carried out do not contribute to the temperature), will adversely affect both has significantly reduced and has the need to list any of these species as species’ viability (R. Bolander, pers. potential to destroy one of the two Threatened or Endangered.’’ The BLM comm. 2000). These factors include central A. ampullarioides populations has incorporated its intent to conserve reduced pollination and weed (Rosenberg Associates 1999). Another these species into the ‘‘Dixie Resource competition. planned community development near Area Proposed Management Plan and Both species exhibit varying high and Atkinville has significantly impacted Final Environmental Impact Statement’’ low population counts. However, trend the main A. holmgreniorum population, (Bureau of Land Management 1998). data show that, even with the highs, the and projected community development However, the location of these species general total populations are declining south of Santa Clara has the potential to in areas valued for future urban (R. Bolander, pers. comm. 2000). A long- significantly impact the species’ expansion makes the long-term security term trend study indicates a significant northwestern population (R. Bolander, of their habitat, even on Federal lands, reduction in the population numbers of pers. comm. 2000). An electric power uncertain. There is no legal protection A. holmgreniorum at the BLM’s transmission line is proposed to pass for either species on State of Arizona or monitoring plot on state land in Arizona through the two western A. State of Utah lands or on private (J. Anderson, pers. comm. 2000). Both ampullarioides populations. A second property. species are relatively short-lived (about electric power transmission line is E. Other natural or manmade factors 4 years for A. holmgreniorum and 6 proposed to pass through its eastern affecting its continued existence. Past years for A. ampullarioides) and depend population. Gypsum mining operations habitat disturbance has caused the on soil seed banks to maintain the long- occur adjacent to occupied A. proliferation of introduced annual term viability of their populations (R. holmgreniorum habitat south of St. weeds into both species’ occupied Bolander pers. comm. 2000; K. Harper George. An existing clay pit now being habitat (Harper 1997, Van Buren and pers. comm. 2000, R. Van Buren pers. used as an unauthorized waste disposal Harper 2000a, 2000b). Foxtail brome, comm. 2000). area occurs adjacent to occupied A. cheatgrass, storksbill, and African Because of the low numbers of ampullarioides habitat east of St. mustard are now the dominant species individuals, low number of populations, George. Both of these mining-related within the plant communities of both and restricted habitats of both activities have the potential to destroy Astragalus holmgreniorum and A. Astragalus holmgreniorum and A. both A. holmgreniorum and A. ampullarioides (Stubben 1997; Harper ampullarioides, these plants are ampullarioides habitat. and Van Buren 1998, 2000; Van Buren vulnerable to human disturbances, B. Overutilization for commercial, 1999). Both species are vulnerable to which may increase the negative recreational, scientific, or educational displacement by introduced weeds impacts of natural disturbances to purposes. Astragalus holmgreniorum (Harper 1997; Harper and Van Buren populations of these species. The and A. ampullarioides have no known 1998; Stubben 1997; Van Buren 1999). numbers of individuals and populations commercial, recreational, or scientific Concurrent with the establishment of are sufficiently low that future losses use at this time. There is no evidence of these invasive species is further habitat may result in the loss of population over collection by botanists or modification and perhaps permanent viability. The extremely small and horticulturists at this time. change of the vegetative community disjunct populations of A. C. Disease or predation. We have no caused by the introduction of fire into ampullarioides may be vulnerable to a information to indicate that diseases the Mojave Desert ecosystem. Cheatgrass loss of genetic viability (Harper 1997; threaten the continued survival of either and foxtail brome grow in densities and Harper and Van Buren 1998). Astragalus holmgreniorum or A. dry up sufficiently to carry fire over We have carefully assessed the best ampullarioides. large areas. The native Mojave Desert scientific and commercial information Astragalus ampullarioides is vegetation is not adapted to a frequent available concerning the past, present, extremely palatable to both wildlife and fire regimen (R. Bolander, pers. comm. and future threats faced by these species domestic livestock, but A. 2000). in finalizing this rule. Threats to holmgreniorum is not. The two western Pollination of both Astragalus Astragalus holmgreniorum and A. A. ampullarioides populations currently holmgreniorum and A. ampullarioides ampullarioides, including development are overgrazed, often to the point that is a long-term concern. Both species are of land for residential and urban use, reproduction is forgone due to the loss pollinated by native solitary ground- habitat modification from human of the entire flower and fruit of virtually dwelling bees (V. Tepidendo, U.S. disturbances, competition with non- every plant in the population (Harper Agricultural Research Service, Bee native plant species, and impacts from 1997, Harper and Van Buren 1998). In Biology Laboratory, Utah State mining and grazing, imperil the
VerDate 11
continued existence of these species. In the proposed rule, we indicated certain instances, section 7 consultation Much of the habitat where these species that designation of critical habitat was might be triggered only if critical habitat occur is suitable for development and not prudent for Astragalus is designated. Examples could include for modification by mining and grazing, holmgreniorum and A. ampullarioides some actions in unoccupied habitat or and is unprotected from these threats. because of a concern that publication of occupied habitat that may become Because of the high potential of these precise maps and descriptions of critical unoccupied in the future. Designating threats to result in the extinction of both habitat in the Federal Register could critical habitat may provide some species, the preferred action is to list A. increase the vulnerability of these educational or informational benefits. holmgreniorum and A. ampullarioides species to incidents of collection and Therefore, we find that critical habitat is as endangered. The Act defines an vandalism. We also indicated that prudent for both Astragalus endangered species as one in danger of designation of critical habitat was not holmgreniorum and A. ampullarioides. extinction throughout all or a significant prudent because we believed it would As explained in detail in the Final portion of its range. Endangered status not provide any additional benefit Listing Priority Guidance for Fiscal Year reflects the vulnerability of these beyond that provided through listing as 2000 (64 FR 57114), our listing budget species to factors that may adversely endangered. is currently insufficient to allow us to affect these species and their extremely In the last few years, a series of court immediately complete all of the listing limited habitat. decisions have overturned Service actions required by the Act. We focus determinations that designation of our efforts on those listing actions that Critical Habitat critical habitat for a variety of species provide the most conservation benefit. Critical habitat is defined in section 3, would not be prudent (e.g., Natural Deferral of the critical habitat paragraph (5)(A) of the Act as the Resources Defense Council v. U.S. designation for these species will allow specific areas within the geographical Department of the Interior 113 F. 3d us to concentrate our limited resources area occupied by a species, at the time 1121 (9th Cir. 1997); Conservation on higher priority critical habitat and it is listed in accordance with the Act, Council for Hawaii v. Babbitt, 2 F. Supp. other listing actions, without delaying on which are found those physical or 2d 1280 (D. Hawaii 1998)). Based on the the final listing decision for both biological features essential to the standards applied in those judicial Astragalus holmgreniorum and A. conservation of the species and that may opinions, we have reexamined the ampullarioides. We will develop a require special management question of whether critical habitat for proposal to designate critical habitat for considerations or protection; and Astragalus holmgreniorum and A. Astragalus holmgreniorum and A. specific areas outside the geographical ampullarioides would be prudent. ampullarioides as soon as feasible, area occupied by a species at the time As with other species we list, we have considering our workload priorities and it is listed in accordance with the the concern that unrestricted collection, available funding. Unfortunately, for the provisions of section 4 of the Act, upon vandalism, or other disturbances could immediate future, most of Region 6’s a determination by the Secretary that be exacerbated by the publication of listing budget must be directed to such areas are essential for the critical habitat maps and further complying with numerous court orders conservation of the species. dissemination of locational information. and settlement agreements, as well as ‘‘Conservation’’ means the use of all However, we have examined the due and overdue final listing methods and procedures needed to evidence available for Astragalus determinations. bring the species to the point at which holmgreniorum and A. ampullarioides listing under the Act is no longer and have not found specific evidence of Available Conservation Measures necessary. taking, vandalism, collection, or trade of Conservation measures provided to Critical habitat designation directly these species or any similarly situated species listed as endangered or affects only Federal agency actions species. Consequently, consistent with threatened under the Act include through consultation under section applicable regulations (50 CFR recognition, recovery actions, 7(a)(2) of the Act. Section 7(a)(2) 424.12(a)(1)(i)) and recent case law, we requirements for Federal protection, and requires Federal agencies to ensure that do not expect that the identification of prohibitions against certain practices. activities they authorize, fund, or carry critical habitat will increase the degree Recognition through listing can out are not likely to jeopardize the of threat to these species of taking or encourage and result in public continued existence of a listed species other human activity. awareness and conservation actions by or destroy or adversely modify its In the absence of a finding that critical Federal, State, Tribal (Shivwits Band of critical habitat. habitat would increase threats to these the Paiute Tribe), and local agencies, Section 4(a)(3) of the Act, as species, if any benefits would result private organizations, and individuals. amended, and our implementing from a critical habitat designation, then The Act provides for possible land regulations (50 CFR 424.12) require that, a prudent finding is warranted. In the acquisition and cooperation with the to the maximum extent prudent and case of both of these species, States and requires that recovery actions determinable, we designate critical designation of critical habitat may be carried out for all listed species. habitat at the time the species is provide some benefits. The primary Funding may be available through determined to be endangered or regulatory effect of critical habitat is the section 6 of the Act for the States to threatened. Our regulations (50 CFR section 7 requirement that Federal conduct recovery activities. The 424.12(a)(1)) state that designation of agencies refrain from taking any action protection required by Federal agencies critical habitat is not prudent when one that destroys or adversely modifies and prohibitions against certain or both of the following situations exist: critical habitat. While a critical habitat activities involving listed plants are (1) The species is threatened by taking designation for habitat currently discussed, in part, below. or other activity and the identification occupied by these species would not be Section 7(a) of the Act requires of critical habitat can be expected to likely to change the section 7 Federal agencies to evaluate their increase the degree of threat to the consultation outcome because an action actions with respect to any species that species, or (2) such designation of that destroys or adversely modifies such is proposed or listed as endangered or critical habitat would not be beneficial critical habitat also would be likely to threatened and with respect to its to the species. result in jeopardy to these species, in critical habitat, if any is proposed or
VerDate 11
designated. Regulations implementing our agents and agents of State Paperwork Reduction Act this interagency cooperation provision conservation agencies. This rule does not contain any of the Act are codified at 50 CFR part The Act and 50 CFR 17.62 and 17.63 collections of information that require 402. Section 7(a)(1) of the Act requires also provide for the issuance of permits Office of Management and Budget Federal agencies to use their authorities to carry out otherwise prohibited (OMB) approval under the Paperwork to further the purposes of the Act by activities involving endangered and Reduction Act, 44 U.S.C. 3501 et seq. carrying out programs for listed species. threatened plant species under certain An information collection related to the Section 7(a)(2) requires Federal agencies circumstances. Such permits are rule pertaining to permits for to ensure that activities they authorize, available for scientific purposes and to endangered and threatened species has fund, or carry out are not likely to enhance the propagation or survival of OMB approval and is assigned clearance jeopardize the continued existence of a the species. We anticipate that few trade number 1018–0094. This rule does not listed species or destroy or adversely permits would be sought or issued for alter that information collection modify its designated critical habitat. If Astragalus holmgreniorum and A. requirement. An agency may not a Federal action may affect a listed ampullarioides because these species conduct or sponsor, and a person is not species or its designated critical habitat, required to respond to, a collection of the responsible Federal agency must are not common in the wild and are unknown in cultivation. information unless it displays a enter into formal consultation with us. currently valid control number. For Considerable portions of the habitat of It is our policy, published in the additional information concerning both Astragalus holmgreniorum and A. Federal Register (59 FR 34272) on July permit and associated requirements for ampullarioides are on lands under 1, 1994, to identify to the maximum endangered species, see 50 CFR 17.22. Federal jurisdiction managed by the extent practicable those activities that BLM. The BLM is responsible for would or would not likely constitute a References Cited ensuring that all activities and actions violation of section 9 of the Act if a Armstrong V., and K.T. Harper. 1991. on lands that they manage are not likely species is listed. The intent of this Astragalus holmgreniorum and Astragalus to jeopardize the continued existence of policy is to increase public awareness of ampullarioides status report. Unpublished A. holmgreniorum and A. the effect of the species’ listing on report on file with the Bureau of Land ampullarioides. Such activities include proposed and ongoing activities within Management, Salt Lake City, Utah. 13 pp grazing, mining, and recreational its range. Collection of listed plants or + appendices. Barneby, R.C. 1980. Dragma Hippomanicum management on Federal lands. Proposed activities that would damage or destroy V: Two New Astragali from the highway and power line projects within listed plants on Federal lands are Intermountain United States. Brittonia 32: the habitat of both species will require prohibited without a Federal 24–29. Federal permits from the Federal endangered species permit. Such Barneby, R.C. 1989. In A. Cronquist, A.H. Highway Administration and Federal activities on non-Federal lands would Holmgren, N.H. Holmgren, J.L. Reveal, and Energy Regulatory Commission. These constitute a violation of section 9 of the P.K. Holmgren, eds. Intermountain Flora, agencies, also, must ensure that actions Act if they were conducted in knowing Vol. 3, Part B. Fabales. Columbia University Press, New York. 279 pp. which they permit are not likely to violation of State law or regulation, or jeopardize the continued existence of Bureau of Land Management. 1998. Dixie in the course of violation of State Resource Area Proposed Management Plan both species. In addition, sections criminal trespass law. Otherwise, such and Final Environmental Impact 2(c)(1) and 7(a)(1) of the Act require activities would not constitute a Statement. Salt Lake City, Utah. 248 pp + Federal agencies to use their authorities violation of the Act on non-Federal appendices. in furtherance of the purposes of the Act lands. Conducting commerce with this Harper, K.T. 1997. Status of Knowledge of to carry out conservation programs for species is also prohibited. Astragalus holmgreniorum and Astragalus endangered and threatened species. eremiticus var. ampullarioides. Sego Lily Questions regarding whether specific The Act and its implementing 20(2), News Letter of the Utah Native Plant activities, such as changes in land use, regulations set forth a series of general Society. 5 pp. constitute a violation of section 9 Harper, K., and R. Van Buren. 1998. Field prohibitions and exceptions that apply should be directed to the Utah Field Report-1996, Rare Loco Weeds of to all endangered plants. All trade Office (see ADDRESSES section). Requests Washington County, Utah. Unpublished prohibitions of section 9(a)(2) of the Act, for copies of the regulations regarding report on file with the Bureau of Land implemented by 50 CFR 17.61 for listed species and inquiries about Management, Salt Lake City, Utah. 32 pp. endangered plants, will apply. These Rosenberg Associates. 1999. Coral Canyon prohibitions, in part, make it illegal for prohibitions and permits may be Land Use Master Plan. St. George, Utah. 1 any person subject to the jurisdiction of addressed to—Regional Director, U.S. map. the United States to import or export, Fish and Wildlife Service, P.O. Box Stubben, C. 1997. Habitat Characteristics of transport in interstate or foreign 25486, Denver Federal Center, Denver, Astragalus holmgreniorum Barneby and Colorado 80225–0486. Genetic Variation Among Two Rare commerce in the course of a commercial Milkvetches in Southwestern Utah. Master activity, sell or offer for sale in interstate National Environmental Policy Act of Science Thesis, Brigham Young or foreign commerce, or remove these University, Provo, Utah. 59 pp. species from areas under Federal We have determined that an Utah Natural Heritage Program. 1999. jurisdiction. In addition, for plants environmental assessment, as defined Element Occurrence Database. Utah listed as endangered, the Act prohibits under the authority of the National Division of Wildlife Resource, Salt Lake the malicious damage or destruction on Environmental Policy Act of 1969, need City, Utah. areas under Federal jurisdiction and the not be prepared in connection with Van Buren, R. 1992. Astragalus Species, Field removal, cutting, digging up, damaging, regulations adopted pursuant to section Report 1992. Unpublished report on file 4(a) of the Act, as amended. We with the Bureau of Land Management, Salt or destruction of such plants in knowing Lake City, Utah. 11 pp + appendix. violation of any State law or regulation, published a notice outlining our reasons Van Buren, R. 1999. 1998 Final Report or in the course of a violation of State for this determination in the Federal Monitoring Astragalus ampullarioides and criminal trespass law. Certain Register on October 25, 1983 (48 FR Astragalus holmgreniorum. Unpublished exceptions to the prohibitions apply to 49244). report on file with the Bureau of Land
VerDate 11
Management, Richfield, Utah. 17 pp + Welsh S.L., N.D. Atwood, S. Goodrich, and chapter I, title 50 of the Code of Federal appendix. L.C. Higgins. 1993. A Utah Flora. Brigham Regulations, as set forth below: Van Buren, R., and K.T. Harper. 2000a. Status Young University Press, Provo, Utah. 986 Report 1999 Astragalus ampullarioides pp. PART 17—[AMENDED] (Shivwits Locoweed). Unpublished report on file with the U.S. Fish and Wildlife Author Service, Salt Lake City, Utah. 5 pp + 1. The authority citation for part 17 appendix. The primary author of this proposed continues to read as follows: rule is John L. England (see ADDRESSES Van Buren, R., and K.T. Harper. 2000b. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Status Report 1999 Astragalus section). 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– holmgreniorum (Holmgren Locoweed). Unpublished report on file with the Bureau List of Subjects in 50 CFR Part 17 625, 100 Stat. 3500, unless otherwise noted. of Land Management, Richfield, Utah. 7 pp Endangered and threatened species, 2. Amend 17.12(h) by adding the + appendix. following, in alphabetical order under Welsh S.L. 1986. New Taxa in Miscellaneous Exports, Imports, Reporting and Families from Utah. Great Basin Naturalist. recordkeeping requirements, and FLOWERING PLANTS, to the List of Brigham Young University, Provo, Utah. Transportation. Endangered and Threatened Plants: 46:261–264. Welsh S.L. 1998. Astragalus (Leguminosae): Regulation Promulgation § 17.12 Endangered and threatened plants. Nomenclatural Proposals and New Taxa. * * * * * Great Basin Naturalist. Brigham Young For the reasons given in the preamble, University, Provo, Utah. 58:45–53. we amend part 17, subchapter B of (h) * * *
Species When Historic range Family Status Special rule Scientific name Common name listed
FLOWERING PLANTS
******* Astragalus Shivwits milk-vetch ...... U.S.A. (UT) ...... Fabaceae ...... E 711 NA ampullarioides.
******* Astragalus Holmgren milk-vetch .... U.S.A. (AZ, UT) ...... Fabaceae ...... E 711 NA holmgreniorum.
*******
Dated: September 17, 2001. Marshall P. Jones, Jr., Acting Director, Fish and Wildlife Service. [FR Doc. 01–23821 Filed 9–27–01; 8:45 am] BILLING CODE 4310–55–P
VerDate 11
Proposed Rules Federal Register Vol. 66, No. 189
Friday, September 28, 2001
This section of the FEDERAL REGISTER can be viewed at: http:// a hearing on the petition. After the contains notices to the public of the proposed www.ams.usda.gov/fv/moab.html. hearing the Secretary would rule on the issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: petition. The Act provides that the purpose of these notices is to give interested Terry Vawter, Marketing Specialist, district court of the United States in any persons an opportunity to participate in the district in which the handler is an rule making prior to the adoption of the final California Marketing Field Office, rules. Marketing Order Administration inhabitant, or has his or her principal Branch, F&V, AMS, USDA, 2202 place of business, has jurisdiction to Monterey Street, suite 102B, Fresno, review the Secretary’s ruling on the DEPARTMENT OF AGRICULTURE California 93721; telephone: (559) 487– petition, provided an action is filed not 5901, Fax: (559) 487–5906; or George later than 20 days after the date of the Agricultural Marketing Service Kelhart, Technical Advisor, Marketing entry of the ruling. Order Administration Branch, Fruit and This proposal invites comments on 7 CFR Part 928 Vegetable Programs, AMS, USDA, room the reapportionment of grower [Docket No. FV01–928–2 PR] 2525–S, P.O. Box 96456, Washington, membership on the committee. This DC 20090–6456; telephone: (202) 720– rule would increase the number of Papayas Grown in Hawaii: 2491; Fax: (202) 720–8938. grower members from District 3 (the Reapportionment of Grower Small businesses may request island and county of Oahu) by one Membership on the Papaya information on complying with this member and reduce the number of Administrative Committee regulation by contacting Jay Guerber, grower members from District 1 (the Marketing Order Administration island and county of Hawaii) by one AGENCY: Agricultural Marketing Service, Branch, Fruit and Vegetable Programs, member. Increased papaya production USDA. AMS, USDA, P.O. Box 96456, room in District 3 and decreased production ACTION: Proposed rule. 2525–S, Washington, DC 20090–6456; in District 1 have necessitated this telephone: (202) 720–2491, Fax: (202) proposed grower member SUMMARY: This rule would reapportion 720–8938, or E-mail: reapportionment. While production in grower membership on the Papaya [email protected]. District 2 (the county of Kauai which Administrative Committee (committee) SUPPLEMENTARY INFORMATION: This consists of the islands of Kauai and due to shifts in papaya production. The Niihau; the county of Maui which committee locally administers the proposed rule is issued under Marketing Agreement No. 155 and Order No. 928, consists of the islands of Maui, Molokai, Hawaii papaya marketing order (order) Lanai, and Kahoolawe; and Kalawao which regulates the handling of papayas both as amended (7 CFR part 928), regulating the handling of papayas County) also increased in recent years, grown in Hawaii. The committee is the increase is not significant enough to comprised of 13 members of which 9 are grown in Hawaii, hereinafter referred to as the ‘‘order.’’ The marketing qualify the district for increased grower growers, 3 are handlers, and 1 is a membership. public member. Since 1994, District 1 agreement and order are effective under the Agricultural Marketing Agreement Section 928.20 of the order provides has been represented by seven grower for the establishment of the committee members, and Districts 2 and 3 have Act of 1937, as amended (7 U.S.C. 601– 674), hereinafter referred to as the to locally administer the terms and been represented by one grower member provisions of the order. The committee each. This rule would reapportion ‘‘Act.’’ The Department of Agriculture is comprised of 13 members, each with grower membership by decreasing the (Department) is issuing this rule in an alternate. Of the 12 industry number of grower members representing conformance with Executive Order members, 9 are growers and 3 are District 1 to six members and increasing 12866. handlers. This section also specifies the number of grower members This proposal has been reviewed how the grower membership on the representing District 3 to two members. under Executive Order 12988, Civil committee is apportioned. DATES: Comments must be received by Justice Reform. This action is not Section 928.31, paragraph (o), October 29, 2001. intended to have retroactive effect. This provides that the duties of the ADDRESSES: Interested persons are proposal will not preempt any State or committee, with the approval of the invited to submit written comments local laws, regulations, or policies, Secretary, are to redefine the districts concerning this proposal. Comments unless they present an irreconcilable into which the production area is must be sent to the Docket Clerk, conflict with this rule. divided, to reapportion the grower Marketing Order Administration The Act provides that administrative member representation on the Branch, Fruit and Vegetable Programs, proceedings must be exhausted before committee among the districts, to AMS, USDA, room 2525–S, P.O. Box parties may file suit in court. Under increase or decrease the number of 96456, Washington, DC 20090–6456; section 608c(15)(A) of the Act, any grower and handler members and Fax: (202) 720–5698; or E-mail: handler subject to an order may file alternates on the committee, and to [email protected]. All with the Secretary a petition stating that change the composition of the comments should reference the docket the order, any provision of the order, or committee by changing the ratio number and the date and page number any obligation imposed in connection between grower members and handler of this issue of the Federal Register and with the order is not in accordance with members, including their alternates. will be made available for public law and request a modification of the Paragraph (o) of § 928.31 further inspection in the Office of the Docket order or to be exempted therefrom. A provides that any such changes shall Clerk during regular business hours, or handler is afforded the opportunity for reflect, insofar as practicable, structural
VerDate 11
changes within the papaya industry and papaya production and eventually kills the 1999 total production of 39,400,000 shifts in papaya production among the the papaya tree. Although papaya pounds. This compares with only 5 districts within the production area. varieties which are immune to the virus percent of total production in 1994. Based on this authority, § 932.120 of have been developed and distributed to Fresh papaya production in District 3 in the order’s administrative rules and growers, the fresh production in recent 1999 increased to 21 percent of the 1999 regulations currently provides that years in District 1 has not reached the total production, or 8,265,000 pounds. seven grower members represent levels previously noted. In fact, Data from the 2000 season indicates District 1, and one grower member each production of fresh papayas in District that District 2 experienced a slight represents Districts 2 and 3. This 1 has decreased recently from the 1994 decrease in production while District 3 apportionment became effective in high. In the 1999 crop year, fresh continued to experience increased fresh 1994, when production in District 1 papaya production in District 1 fell to papaya production. During the 2000 accounted for 52,525,000 pounds of 25,455,000 pounds, or 65 percent of the crop year, fresh papaya production in fresh papayas, or 93 percent of the total total fresh papaya production of District 2 declined to 4,785,000 pounds, annual production of fresh papayas of 39,400,000 pounds. In the 2000 crop or 9 percent of the total 2000 fresh 56,200,000. At that time, production in year, production of fresh papayas in papaya production of 50,250,000 District 2 accounted for 2,735,000 District 1 increased somewhat to pounds. At the same time, fresh papaya pounds or 5 percent of fresh papaya 33,950,000 pounds, but was still only 68 production in District 3 increased to production. Fresh papaya production in percent of the 2000 crop year total District 3 accounted for 940,000 pounds production of 50,250,000. 11,515,000 pounds, or 23 percent of the or 2 percent of fresh papaya production Production in District 2 where PRSV total 2000 crop year fresh papaya in 1994. is not present, and District 3, where production of 50,250,000 pounds. However, papaya production in PRSV is present but carefully managed, Table 1, below, identifies the shifts in District 1 has been declining, in part increased significantly in 1999 and fresh papaya production in recent years due to the entrenchment of the Papaya 2000. In the 1999 crop year, production since 1994, and is based upon data Ringspot Virus (PRSV), a virulent and of fresh papayas in District 2 increased provided by the National Agricultural debilitating disease which reduces to 5,680,000 pounds, or 14 percent of Statistics Service (NASS).
TABLE 1.—HISTORY OF FRESH PRODUCTION: 1994, 1999, AND 2000 (PER NASS)
1994 Percent 1999 Percent 2000 Percent
District 1 ...... 52,525,000 93 25,455,000 65 33,950,000 68 District 2 ...... 2,735,000 5 5,680,000 14 4,785,000 9 District 3 ...... 940,000 2 8,265,000 21 11,515,000 23
Total ...... 56,200,000 ...... 39,400,000 ...... 50,250,000 ......
When reapportionment was percentage of total fresh papaya In the 2000 crop year, District 1 with recommended to the Secretary in 1994, production (in million pounds). For 68 percent of total fresh papaya the committee noted that the papaya example: In the 1999 crop year, District production, multiplied by nine grower industry has historically maintained 1 represented 65 percent of the total members, would be entitled to 6 (6.12 equitable representation among fresh papaya production for that year. rounded to the nearest whole person) handlers and growers. The committee By multiplying 65 percent times the grower representatives; District 2, with has a duty to reapportion membership total of nine grower members, District 1 9 percent of total fresh papaya on the committee based upon shifts in would be entitled to six (5.85 rounded production, multiplied by nine grower production, as specified in § 928.31(o). to the nearest whole person) grower members, would be entitled to 1 (.81 The current proposal, approved by a representatives. By the same method, rounded to the nearest whole person) mail vote of the committee by an 8 to District 2, with 14 percent of total fresh grower representatives; and District 3, 5 vote, reflects the committee’s prior papaya production in 1999, multiplied with 23 percent of total fresh papaya history in recommending by nine grower members, would be production, multiplied by nine grower reapportionment of grower membership entitled to 1 (1.26 rounded to the members, would be entitled to 2 (2.07 based upon shifts in fresh papaya nearest whole person) grower rounded to the nearest whole person) production within the districts in recent representatives. District 3, which had 21 grower representatives. years. percent of total fresh papaya production Table 2, below, reflects the The recommended number of that year, multiplied by nine grower recommended reapportionment based representatives per district is based members, would be entitled to 2 (1.89 upon percentages of total volume upon the amount of fresh papaya rounded to the nearest whole person) represented by each grower member for production each district represents, as a grower representatives. the 1999 and 2000 crop years.
TABLE 2.—REPRESENTATION BY DISTRICT BASED ON 1999 AND 2000 CROP YEAR STATISTICS
Number of Percentage Total Grow- Grower of Fresh X er Members = Members/ Production District
1999 Crop Year: District 1 ...... 65% ...... 9 ...... 5.85 (6) District 2 ...... 14% ...... 9 ...... 1.26 (1)
VerDate 11
TABLE 2.—REPRESENTATION BY DISTRICT BASED ON 1999 AND 2000 CROP YEAR STATISTICS—Continued
Number of Percentage Total Grow- Grower of Fresh X er Members = Members/ Production District
District 3 ...... 21% ...... 9 ...... 1.89 (2) 2000 Crop Year: District 1 ...... 68% ...... 9 ...... 6.12 (6) District 2 ...... 9% ...... 9 ...... 81 (1) District 3 ...... 23% ...... 9 ...... 2.07 (2)
Initial Regulatory Flexibility Analysis administrative rules and regulations Federal marketing order programs, Pursuant to requirements set forth in provides the current apportionment of reports and forms are periodically the Regulatory Flexibility Act (RFA), the grower and handler representation on reviewed to reduce information Agricultural Marketing Service (AMS) the committee, as amended in 1994. requirements and duplication by Shifts in production within the three has considered the economic impact of industry and public sector agencies. In districts have occurred in recent years, this proposed rule on small entities. addition, the Department has not prompting a review by the committee, Accordingly, AMS has prepared this identified any relevant Federal rules which culminated in this proposal initial regulatory flexibility analysis. that duplicate, overlap, or conflict with recommended by the committee on a The purpose of the RFA is to fit this rule. mail vote of 8 in favor and 5 opposed. regulatory actions to the scale of While the committee did not meet to The five members who opposed the business subject to such actions in order discuss this issue in public, it is the recommendation represent District 1, that small businesses will not be unduly Department’s view that such but not all of the District 1 members or disproportionately burdened. reapportionment would be appropriate opposed the recommendation. Two Marketing orders issued pursuant to the since NASS statistics provide adequate, District 1 members joined the majority Act, and rules issued thereunder, are third-party documentation of shifts in and voted in favor of the unique in that they are brought about fresh papaya production. A mail vote reapportionment. through group action of essentially was deemed acceptable in this matter As evidenced by the table presented since only one issue was brought to the small entities acting on their own earlier, fresh papaya production in behalf. Thus, both statutes have small committee for consideration. Had any of District 1 has decreased since 1994 from the committee members voting by mail entity orientation and compatibility. 93 percent of total fresh papaya There are approximately 60 handlers requested an assembled meeting in production to 68 percent of total fresh which to vote on this issue, the of papayas in the production area and papaya production in 2000; and fresh approximately 400 producers subject to committee would have convened such a papaya production in District 3 has meeting. In addition, interested persons regulation under the marketing order. increased since 1994 from 2 percent of Small agricultural service firms are are invited to submit information on the fresh papaya production to 23 percent of regulatory and informational impacts of defined as those whose annual receipts total fresh papaya production in 2000. this action on small businesses. are less than $5,000,000, and small As a result of this shift in fresh papaya A small business guide on complying agricultural producers are defined by production, the committee with fruit, vegetable, and specialty crop the Small Business Administration (13 recommended that grower membership CFR 121.201) as those having annual on the committee be reduced by one marketing agreements and orders may receipts less than $750,000. grower member in District 1 and be viewed at the following website: Based on a reported current average increased by one grower member in http://www.ams.usda.gov/fv/ f.o.b. price of $.65 per pound of District 3. moab.html. Any questions about the papayas, a handler would have to ship This proposed rule is expected to compliance guide should be sent to Jay in excess of 7.69 million pounds of provide more equitable representation Guerber at the previously mentioned papayas to have annual receipts of on the committee that is more reflective address in the FOR FURTHER INFORMATION $5,000,000. Based on a reported current of current production levels in the CONTACT section. average grower price of $0.25 per pound various production districts. A 30-day comment period is provided and average annual industry shipments An alternative to this to allow interested persons to respond of 40 million pounds since 1996, total recommendation would be to make no to this proposal. Thirty days is deemed grower revenues would be $10 million. changes in grower member appropriate because current Average annual grower revenue would, representation. Such an alternative representation on the committee is not therefore, be $25,000. Thus, the majority would be counterproductive in this reflective of fresh papaya production in of handlers and producers of papayas instance, however, since the committee each district, and District 3 would be may be classified as small entities, has the authority and duty to ensure permitted another grower member excluding receipts from other sources. equitable representation of growers and position under this proposal. To ensure This rule would reapportion grower handlers based upon shifts in papaya equitable grower member membership on committee by production. The recommended representation, this proposal should be decreasing the number of grower reapportionment is supported by the in effect as soon as possible. It is members who represent District 1 by NASS data on recent trends in fresh important that the committee operate at one, and increasing the number of papaya production. full strength with the appropriate grower members who represent District This proposed rule would not impose grower member representation. Any 3 by one. Such reapportionment is any additional reporting or written comments timely received will authorized in § 928.31, paragraph (o) of recordkeeping requirements on either be considered before a final the order. Section 928.120 of the order’s small or large entities. As with all determination is made on this matter.
VerDate 11
List of Subjects in 7 CFR Part 928 certain pooling and related provisions of U.S.C. 601–674), and the applicable Marketing agreements, Papayas, the Mideast order. Proposals include rules of practice and procedure Reporting and recordkeeping increasing the minimum route governing the formulation of marketing requirements. disposition requirements for agreements and marketing orders (7 CFR For the reasons set forth in the distributing plants; amending the Part 900). The purpose of the hearing is to preamble, 7 CFR part 928 is proposed to automatic pool plant qualification receive evidence with respect to the be amended as follows: provision; decreasing the amount of producer milk that can be diverted to economic and marketing conditions PART 928—PAPAYAS GROWN IN nonpool plants for varying months of which relate to the proposed HAWAII the year; and increasing the minimum amendments, hereinafter set forth, and amount of milk that a producer needs to any appropriate modifications thereof, 1. The authority citation for 7 CFR deliver to pool plants in order to qualify to the tentative marketing agreement part 928 continues to read as follows: as a producer and to be eligible to be and to the order. Authority: 7 U.S.C. 601–674. pooled on the order. Evidence also will be taken to Additionally, other proposals which determine whether emergency 2. Section 928.120 is revised to read call for eliminating a provision that marketing conditions exist that would as follows: currently permits a pool plant to have warrant omission of a recommended § 928.120 Committee reapportionment. both a pool and a nonpool portion; decision under the rules of practice and procedure (7 CFR 900.12(d)) with The Papaya Administrative establishing a ‘‘net shipment’provision for milk received at pool plants for respect to any proposed amendments. Committee shall consist of 13 members Actions under the Federal milk order and alternate members. Nine of the determining pooling eligibility; and establishing the criteria for requiring a program are subject to the Regulatory members shall represent growers, and Flexibility Act (5 U.S.C. 601 et seq.). three shall represent handlers. Six waiting period for a supply plant to regain pool status if it fails to meet the This Act seeks to ensure that, within the grower members and their alternates statutory authority of a program, the shall represent District 1, one grower pooling requirements, will also be considered. A proposal that would regulatory and informational member and alternate shall represent requirements are tailored to the size and District 2, and two grower members and change the rate of partial payments to producers will also be heard. nature of small businesses. For the alternates shall represent District 3. No purpose of the Act, a dairy farm is a DATES: The hearing will convene at 8:30 grower organization shall have more ‘‘small business’’ if it has an annual than two members on the committee. a.m. on Tuesday, October 23, 2001. gross revenue of less than $750,000, and The three handler members shall be ADDRESSES: The hearing will be held at a dairy products manufacturer is a nominated from the production area at the Holiday Inn Express Hotel and ‘‘small business’’ if it has fewer than 500 large. No handler organization is Suites/Galaxy Banquet Center, 231 Park employees. Most parties subject to a permitted to have more than one Centre Dr., Wadsworth, OH 44281, (330) milk order are considered as a small handler member on the committee. One 334–7666. business. Accordingly, interested parties voting public member and alternate FOR FURTHER INFORMATION CONTACT: are invited to present evidence on the shall also be included on the committee. Gino Tosi, Marketing Specialist, Order probable regulatory and informational The eligibility requirements and Formulation Branch, USDA/AMS/Dairy impact of the hearing proposals on nomination procedures for the public Programs, Room 2971, South Building, small businesses. Also, parties may member and alternate are specified in P.O. Box 96456, Washington, DC 20090– suggest modifications of these proposals § 928.122. 6456, (202) 690–1366, e-mail address for the purpose of tailoring their Dated: September 21, 2001. [email protected]. applicability to small businesses. Kenneth C. Clayton, Persons requiring a sign language The amendments to the rules interpreter or other special proposed herein have been reviewed Acting Administrator, Agricultural Marketing Service. accommodations should contact David under Executive Order 12988, Civil Z. Walker at 440–826–3220; email Justice Reform. They are not intended to [FR Doc. 01–24316 Filed 9–27–01; 8:45 am] [email protected] before the have a retroactive effect. If adopted, the BILLING CODE 3410–02–P hearing begins. proposed amendments would not SUPPLEMENTARY INFORMATION: This preempt any state or local laws, DEPARTMENT OF AGRICULTURE administrative action is governed by the regulations, or policies, unless they provisions of sections 556 and 557 of present an irreconcilable conflict with Agricultural Marketing Service Title 5 of the United States Code and, this rule. therefore, is excluded from the The Agricultural Marketing 7 CFR Part 1033 requirements of Executive Order 12866. Agreement Act provides that Notice is hereby given of a public administrative proceedings must be [Docket No. AO–166–A68; DA–01–04] hearing to be held at the Holiday Inn exhausted before parties may file suit in court. Under section 8c(15)(A) of the Milk in the Mideast Marketing Area; Express Hotel and Suites/Galaxy Act, any handler subject to an order may Notice of Hearing on Proposed Banquet Center, 231 Park Centre Drive, request modification or exemption from Amendments to Tentative Marketing Wadsworth, OH 44281, (330) 334–7666, such order by filing with the Secretary Agreement and Order beginning at 8:30 a.m., on Tuesday, October 23, 2001, with respect to a petition stating that the order, any AGENCY: Agricultural Marketing Service, proposed amendments to the tentative provision of the order, or any obligation USDA. marketing agreement and to the order imposed in connection with the order is ACTION: Proposed rule; Notice of public regulating the handling of milk in the not in accordance with the law. A hearing on proposed rulemaking. Mideast marketing area. handler is afforded the opportunity for The hearing is called pursuant to the a hearing on the petition. After a SUMMARY: A public hearing is being held provisions of the Agricultural Marketing hearing, the Secretary would rule on the to consider proposals that would amend Agreement Act of 1937, as amended (7 petition. The Act provides that the
VerDate 11
district court of the United States in any any transfers or diversions of bulk fluid skimmed milk received during the first district in which the handler is an milk products from such distributing 15 days of the month from a cooperative inhabitant, or has its principal place of pool plants. association in any capacity, except as business, has jurisdiction in equity to * * * * * the operator of a pool plant, the partial review the Secretary’s ruling on the payment shall be equal to the petition, provided a bill in equity is Proposal No. 3 hundredweight of milk received filed not later than 20 days after the date 1. Amend § 1033.13 by redesignating multiplied by not less than one hundred of the entry of the ruling. paragraphs (d)(3) through (d)(6) as and ten percent of the lowest Interested parties who wish to paragraphs (d)(4) through (d)(7), announced price of the preceding introduce exhibits should provide the revising paragraphs (d)(2) and (d)(4), month. Presiding Officer at the hearing with and adding a new paragraph (d)(3) to (2) Partial payment to a cooperative three (3) copies of such exhibits for the read as follows: association for milk transferred from its Official Record. Also, it would be pool plant. For bulk fluid milk/skimmed helpful if additional copies are available § 1033.13 Producer Milk. milk products received during the first for the use of other participants at the * * * * * 15 days of the month from a cooperative hearing. (d) * * * association in its capacity as the (2) The equivalent of at least two operator of a pool plant, the partial List of Subjects in 7 CFR Part 1033 day’s production is caused by the payment shall be at not less than one Milk marketing orders. handler to be physically received at a hundred and ten percent of the lowest pool plant in each of the months of announced price of the preceding PART 1033—[AMENDED] August through November; month. (3) The equivalent of at least two The authority citation for 7 CFR Part * * * * * 1033 continues to read as follows: day’s production is caused by the handler to be physically received at a Proposal No. 5 Authority: 7 U.S.C. 601–674. pool plant in each of the months of 1. Amend § 1033.7 by removing The proposed amendments, as set December through July if the paragraph (h)(7). forth below, have not received the requirement of § 1033.13(d)(2) for the approval of the Secretary of Agriculture. prior August through November period Submitted by: Alto Dairy Cooperative are not met, except in the case of a dairy Submitted by: Dairy Farmers of America Proposal No. 6 farmer who marketed no grade A milk Proposal No. 1 during the prior August-November 1. Amend § 1033.13 by revising paragraph (d)(3) to read as follows: 1. Amend § 1033.7 by revising period. paragraph (a), to read as follows: (4) Of the total quantity of producer § 1033.13 Producer Milk milk received during the month § 1033.7 Pool Plant. * * * * * (including diversions but excluding the (d) * * * (a) A distributing plant, other than a quantity of producer milk received from (3) Of the total quantity of producer plant qualified as a pool plant pursuant a handler described in § 1000.9(c)), the milk received during the month to paragraph (b) of this section or handler diverted to nonpool plants not (including diversions but excluding the § 1000.7(b) of any other Federal milk more than sixty percent during the quantity of producer milk received from order, from which during the months of months of August through February, a handler described in § 1000.9 (c)), the August through April are not less than and seventy percent during the months handler diverted to nonpool plants not forty percent, and during the months of of March through July. more than sixty percent during the May through July are not less than * * * * * months of September through February. thirty-five percent or more of the total Proposal No. 4 The handler diverted to nonpool plants quantity of fluid milk products no more than seventy percent during the physically received at the plant 1. Amend § 1033.73 by revising months of March through August. (excluding concentrated milk received paragraphs (a)(1), (b)(1), and (b)(2) to * * * * * from another plant by agreement for read as follows: other than Class I use) are disposed of Submitted by: Independent Dairy as route disposition or are transferred in § 1033.73 Payments to producers and to Producers of Akron cooperative associations. the form of packaged fluid milk Proposal No. 7 products to other distributing plants. At (a) * * * (1) Partial Payment. For each least twenty-five percent of such route 1. Amend § 1033.13 by revising producer who has not discontinued disposition and transfers must be to paragraphs (d)(2) and (d)(3) to read as shipments as of the date of this partial outlets in the marketing area. follows: payment, payment shall be made so that * * * * * it is received by each producer on or § 1033.13 Producer Milk Proposal No. 2 before the 26th of the month (except as * * * * * 1. Amend § 1033.7 by removing provided in § 1000.90) for milk received (d) * * * (2) The equivalent of at least four paragraph (c)(1)(iv) and revising during the first 15 days of the month day’s production is physically received paragraph (c)(4) to read as follows: from the producer at not less than one hundred ten percent of the lowest at the pooling plant from August to § 1033.7 Pool Plant. announced class price for the preceding March. * * * * * month, less proper deductions (3) Of the quantity of producer milk (c) * * * authorized in writing by the producer. physically received during the month, (4) Shipments used in determining * * * * * the handler diverted to nonpool milk qualifying percentages shall be milk (b) * * * not more than sixty percent during the transferred or diverted and physically (1) Partial Payment to a cooperative months of August through March. received by distributing pool plants, less association. For bulk fluid milk/ * * * * *
VerDate 11
Submitted by: Dean Dairy Products Submitted by: Proposed by Dairy SUMMARY: This action proposes to Company, Schneider’s Dairy, Inc., Programs, Agricultural Marketing establish Class E airspace at Tipton Turner Dairy Farms, Inc., Marburger Service Airport (FME), Fort Meade, MD. The Farm Dairy, Inc., Fike’s Dairy, Inc., development of Standard Instrument Proposal No. 10 United Dairy, Inc., Carl Colteryahn Approach Procedures (SIAP) to serve Dairy, Inc., Smith Dairy Products Make such changes as may be flights operating into the airport during Company, Superior Dairy, Goshen Dairy necessary to make the entire marketing Instrument Flight Rules (IFR) conditions and Reiter Dairy agreement and the order conform with makes this action necessary. Controlled any amendments thereto that may result airspace extending upward from 700 Proposal No. 8 from this hearing. feet Above Ground Level (AGL) is Amend § 1033.7 by revising paragraph Copies of this notice of hearing and needed to contain aircraft executing an (c)(4) to read as follows: the order may be procured from the approach. The area would be depicted Market Administrator of the Mideast on aeronautical charts for pilot § 1033.7 Pool Plant Marketing Area or from the Hearing reference. * * * * * Clerk, Room 1083, South Building, DATES: United States Department of Comments must be received on (c) * * * or before October 29, 2001. (4) A supply plant that meets the Agriculture, Washington, DC 20250, or may be inspected there. ADDRESSES: Send comments on the shipping requirements of this paragraph proposal in triplicate to: Manager, during each of the immediately Copies of the transcript of testimony taken at the hearing will not be available Airspace Branch, AEA–520, Docket No. preceding months of August through 01–AEA–26, F.A.A. Eastern Region, 1 February shall be a pool plant during for distribution through the Hearing Clerk’s Office. If you wish to purchase Aviation Plaza, Jamaica, NY, 11434– the following months of March through 4809. July unless the milk received at the a copy, arrangements may be made with the reporter at the hearing. The official docket may be examined plant fails to meet the requirements of in the Office of the Regional Counsel, a duly constituted regulatory agency, From the time that a hearing notice is issued and until the issuance of a final AEA–7, F.A.A. Eastern Region, 1 the plant fails to meet a shipping Aviation Plaza, Jamaica, NY, 11434– requirement instituted pursuant to decision in a proceeding, Department employees involved in the decision- 4809. paragraph (g) of this section, or the plant An informal docket may also be operator requests nonpool status for the making process are prohibited from discussing the merits of the hearing examined during normal business hours plant. Such nonpool status shall be in the Airspace Branch, AEA–520, effective on the first day of the month issues on an ex parte basis with any person having an interest in the F.A.A. Eastern Region, 1 Aviation Plaza, following the receipt of such request Jamaica, NY, 11434–4809. and thereafter for six consecutive proceeding. For this particular proceeding, the prohibition applies to FOR FURTHER INFORMATION CONTACT: Mr. months, after which the plant must Francis T. Jordan, Jr., Airspace requalify as a pool plant on the basis of employees in the following organizational units: Specialist, Airspace Branch, AEA–520. its deliveries to a pool distributing F.A.A. Eastern Region, 1 Aviation Plaza, plant(s). The automatic pool Office of the Secretary of Agriculture Office of the Administrator, Agricultural Jamaica, NY 11434–4809; telephone: qualification of a plant can be waived if (718) 553–4521. the handler or cooperative requests in Marketing Service Office of the General Counsel SUPPLEMENTARY INFORMATION: writing to the market administrator the Dairy Programs, Agricultural Marketing Comments Invited nonpool status of such plant. The Service (Washington office) and the request must be made prior to the Office of the Market Administrator of Interested parties are invited to beginning of any month during the the Mideast Market Area participate in this proposed rulemaking March through July period. To requalify Procedural matters are not subject to by submitting such written data, views, as a pool plant, such plant must first or arguments as they may desire. have met the percentage shipping the above prohibition and may be discussed at any time. Comments that provide the factual basis requirements of paragraph (c) of this supporting the views and suggestions section for six consecutive months. Dated: September 21, 2001. presented are particularly helpful in * * * * * Kenneth C. Clayton, developing reasoned regulatory Acting Administrator, Agricultural Marketing Proposal No. 9 decisions on the proposal. Comments Service. are specifically invited on the overall 1. Amend § 1033.13 by revising [FR Doc. 01–24315 Filed 9–27–01; 8:45 am] regulatory, economic, environmental, paragraph (d)(3) to read as follows: BILLING CODE 3410–02–P and energy-related aspects of the proposal. Communications should § 1033.13 Producer Milk identify the airspace docket number and * * * * * DEPARTMENT OF TRANSPORTATION be submitted in triplicate to the address (d) * * * listed above. Commenters wishing the (3) Of the quantity of producer milk Federal Aviation Administration FAA to acknowledge receipt of their physically received during the month, comments on this action must submit the handler diverted to nonpool plants 14 CFR Part 71 with those comments a self-addressed, not more than sixty percent during the [Airspace Docket No. 01–AEA–26] stamped postcard on which the months of August through February. Of following statement is made: the quantity of producer milk physically Establishment of Class E Airspace; ‘‘Comments to Airspace Docket No. 01– received during the month, the handler Fort Meade, MD AEA–26’’. The postcard will be date/ diverted to nonpool plants not more AGENCY: time stamped and returned to the than eighty percent during the months Federal Aviation Administration (FAA), DOT. commenter. All communications of March through July. received on or before the closing date ACTION: Notice of proposed rulemaking. * * * * * for comments will be considered before
VerDate 11
taking action on the proposed rule. The entities under the criteria of the Beebe Memorial Hospital Heliport, proposal contained in this action may Regulatory Flexibility Act. Lewes, MD has made this proposal be changed in light of comments necessary. Sufficient controlled airspace List of Subjects in 14 CFR Part 71 received. All comments submitted will extending upward from 700 feet Above be available for examination in the Airspace, Incorporation by reference, Ground Level (AGL) is needed to Rules Docket closing both before and Navigation (air). contain aircraft executing an instrument after the closing date for comments. A The Proposed Amendment approach. The area would be depicted report summarizing each substantive on aeronautical charts for pilot public contact with the FAA personnel In consideration of the foregoing, the reference. Federal Aviation Administration concerned with this rulemaking will be DATES: Comments must be received on filed in the docket. proposes to amend 14 CFR part 71 as follows: or before October 29, 2001. Availability of NPRMs ADDRESSES: Send comments on the Any person may obtain a copy of this PART 71—[AMENDED] proposal in triplicate to: Manager, Notice of Proposed Rulemaking (NPRM) Airspace Branch, AEA–520, Docket No. 1. The authority citation for 14 CFR 01–AEA–24, Eastern Region, 1 Aviation by submitting a request to the Office of Part 71 continues to read as follows: the Regional Counsel, AEA–7, F.A.A. Plaza, Jamaica, NY 11434–4809. Eastern Region, 1 Aviation Plaza, Authority: 49 U.S.C. 106(g), 40103, 40113, The official docket may be examined 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– in the Office of the Regional Counsel, Jamaica, NY, 11434–4809. 1963 Comp., p.389. Communications must identify the AEA–7, F.A.A. Eastern Region, 1 docket number of this NPRM. Persons § 71.1 [Amended] Aviation Plaza, Jamaica, NY 11434– interested in being placed on a mailing 4809. 2. The incorporation by reference in An informal docket may also be list for future NPRMs should also 14 CFR 71.1 of Federal Aviation request a copy of Advisory Circular No. examined during normal business hours Administration Order 400.9J, Airspace in the Airspace Branch, AEA–520, 11–2A, which describes the application Designations and Reporting Points, procedure. F.A.A. Eastern Region, 1 Aviation Plaza, dated August 31, 2001, and effective Jamaica, NY 11434–4809. September 16, 2001, is proposed to be The Proposal FOR FURTHER INFORMATION CONTACT: amended as follows: Mr. The FAA is considering an Francis T. Jordan, Jr., Airspace amendment to Part 71 of the Federal Paragraph 6005 Class E airspace area Specialist, Airspace Branch, AEA–520 Aviation Regulations (14 CFR Part 71) to extending upward from 700 feet or more Eastern Region, 1 Aviation Plaza, establish Class E airspace area at Fort above the surface of the earth. Jamaica, NY 11434–4809; telephone: Meade, MD. The development of SIAP AEA MD E5 Fort Meade, MD [New] (718) 553–4521. to serve flights operating into the airport SUPPLEMENTARY INFORMATION: during Instrument Flight Rules (IFR) Tipton Airport (Lat. 39° 05′ 04″ N., long. 75° 45′ 20″ W.) conditions makes this action necessary. Comments Invited Controlled airspace extending upward That airspace extending upward from 700 Interested parties are invited to from 700 feet AGL is needed to feet above the surface within a 6.2 mile participate in this proposed rulemaking radius of the Tipton Airport, Fort Meade, by submitting such written data, views, accommodate the SIAPs. Class E MD. airspace designations for airspace areas or arguments as they may desire. extending upward from 700 feet or more Issued in Jamaica, New York on September Comments that provide the factual basis above the surface are published in 3, 2001. supporting the views and suggestions Paragraph 6005 of FAA Order 7400.9J, Richard J. Ducharme, presented are particularly helpful in dated August 31, 2001, and effective Assistant Manager, Air Traffic Division, developing reasoned regulatory September 16, 2001, which is Eastern Region. decisions on the proposal. Comments incorporated by reference in 14 CFR [FR Doc. 01–23936 Filed 9–27–01; 8:45 am] are specifically invited on the overall 71.1. The Class E airspace designation BILLING CODE 4910–13–M regulatory, economic, environmental, listed in this document would be and energy-related aspects of the published subsequently in the Order. proposal. Communications should The FAA has determined that this DEPARTMENT OF TRANSPORTATION identify the airspace docket number and proposed regulation only involves an Federal Aviation Administration be submitted in triplicate to the address established body of technical listed above. Commenters wishing the regulations for which frequent and 14 CFR Part 71 FAA to acknowledge receipt of their routine amendments are necessary to comments on this action must submit keep them operationally current. [Airspace Docket No. 01–AEA–24] with those comments a self-addressed, Therefore, this proposed regulation—(1) stamped postcard on which the is not a ‘‘significant regulatory action’’ Proposed Establishment of Class E following statement is made: under Executive Order 12866; (2) is not Airspace; Beebe Memorial Hospital ‘‘Comments to Airspace Docket No. 01– a ‘‘significant rule’’ under DOT Heliport, Lewes, DE AEA–24’’ The postcard will be date/ Regulatory Policies and Procedures (44 AGENCY: Federal Aviation time stamped and returned to the FR 11034; February 26, 1979); and (3) Administration (FAA), DOT. commenter. All communications does not warrant preparation of a ACTION: Notice of proposed rulemaking. received on or before the closing date regulatory evaluation as the anticipated for comments will be considered before impact is so minimal. Since this is a SUMMARY: This action proposes to taking action on the proposed rule. The routine matter that would only affect air establish Class E airspace at Lewes, MD. proposal contained in this action may traffic procedures and air navigation, it The development of a Standard be changed in light of comments is certified that this proposed rule Instrument Approach Procedure (SIAP) received. All comments submitted will would not have significant economic based on Area Navigation (RNAV), be available for examination in the impact on a substantial number of small Helicopter Point in Space approach at Rules Docket both before and after the
VerDate 11
closing date for comments. A report proposes to amend 14 CFR Part 71 as (AGL) is needed to contain aircraft summarizing each substantive public follows: executing an instrument approach. The contact with the FAA personnel area would be depicted on aeronautical concerned with this rulemaking will be PART 71—[AMENDED] charts for pilot reference. filed in the docket. 1. The authority citation for 14 CFR DATES: Comments must be received on Availability of NPRMs Part 71 continues to read as follows: or before October 29, 2001. Any person may obtain a copy of this Authority: 49 U.S.C. 106(g), 40103, 40113, ADDRESSES: Send comments on the Notice of Proposed Rulemaking (NPRM) 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– proposal in triplicate to: Manager, by submitting a request to the Office of 1963 Comp., p. 389. Airspace Branch, AEA–520, Docket No. 01–AEA–25, Eastern Region, 1 Aviation the Regional Counsel, AEA–7, F.A.A. § 71.1 [Amended] Eastern Region, 1 Aviation Plaza, Plaza, Jamaica, NY 11434–4809. 2. The incorporation by reference in Jamaica, NY, 11434–4809. The official docket may be examined 14 CFR 71.1 of Federal Aviation Communications must identify the in the Office of the Regional Counsel, Administration Order 7400.9J Airspace docket number of this NPRM. Persons AEA–7, F.A.A. Eastern Region, 1 Designation and Reporting Points, dated interested in being placed on a mailing Aviation Plaza, Jamaica, NY 11434– August 31, 2001, and effective list for future NPRMs should also 4809. An informal docket may also be September 16, 2001, is proposed to be request a copy of Advisory Circular No. examined during normal business hours amended as follows: 11–2A, which describes the application in the Airspace Branch, AEA–520, procedure. Paragraph 6005 Class E airspace areas F.A.A. Eastern Region, 1 Aviation Plaza, extending upward from 700 feet or more Jamaica, NY 11434–4809. The Proposal above the surface of the earth FOR FURTHER INFORMATION CONTACT: Mr. The FAA is considering an * * * * * Francis T. Jordan, Jr., Airspace amendment to Part 71 of the Federal AEA DE E5, Lewes, DE [New] specialist, Airspace Branch, AEA–520 Aviation Regulations (14 CFR Part 71) to Beebe Memorial Hospital Heliport Eastern Region, 1 Aviation Plaza, establish Class E airspace area at Beebe (Lat 38°46′17″N.; long 75°08′42″W.) Jamaica, NY 11434–4809; telephone: Memorial Hospital Heliport. Class E Point in Space Coordinates (718) 553–4521. airspace designations for airspace areas ° ′ ″ ° ′ ″ (Lat 38 46 14 N.; long 75 12 05 W.) SUPPLEMENTARY INFORMATION: extending upward from 700 feet or more above the surface of the earth are That airspace extending upward from 700 Comments Invited published in Paragraph 6005 of FAA feet above the surface within a 6 mile radius Interested parties are invited to Order 7400.9J, dated August 31, 2001, of the point in space for the SIAP to the participate in this proposed rulemaking and effective September 16, 2001, which Beebe Memorial Hosptial Heliport, Lewes, DE by submitting such written data, views, is incorporated by reference in 14 CFR or arguments as they may desire. 71.1. Class E airspace designation listed Issued in Jamaica, New York on September Comments that provide the factual basis in this document would be published 13, 2001. supporting the views and suggestions subsequently in the Order. Richard J. Ducharme, Assistant Manager, Air Traffic Division, presented are particularly helpful in The Rule Eastern Region. developing reasoned regulatory The FAA has determined that this [FR Doc. 01–23940 Filed 9–27–01; 8:45 am] decisions on the proposal. Comments are specifically invited on the overall proposed regulation only involves an BILLING CODE 4910–13–M established body of technical regulatory, economic, environmental, regulations for which frequent and and energy-related aspects of the routine amendments are necessary to DEPARTMENT OF TRANSPORTATION proposal. Communications should keep them operationally current. identify the airspace docket number and Therefore, this proposed regulation—(1) Federal Aviation Administration be submitted in triplicate to the address is not a ‘‘Significant regulatory action’’ listed above. Commenters wishing the under Executive Order 12866 (2) is not 14 CFR Part 71 FAA to acknowledge receipt of their comments on this action must submit a ‘‘significant rule’’ under DOT [Airspace Docket No. 01–AEA–25] Regulatory Policies and Procedures (44 with those comments a self-addressed, FR 11034; February 26, 1979) and (3) Proposed Establishment of Class E stamped postcard on which the does not warrant preparation of a Airspace; EWT 4 Heliport, Honey following statement is made: regulatory evaluation as the anticipated Grove, PA ‘‘Comments to Airspace Docket No. 01– impact is so minimal. Since this is a AEA–25’’. The postcard will be date/ routine matter that would only afffect AGENCY: Federal Aviation time stamped and returned to the air traffic procedures and air navigation, Administration (FAA), DOT. commenter. All communications it is certified that this proposed rule ACTION: Notice of proposed rulemaking. received on or before the closing date would not have significant economic for comments will be considered before impact on a substantial number of small SUMMARY: This action proposes to taking action on the proposed rule. The entities under the criteria of the establish Class E airspace at Honey proposal contained in this action may Regulatory Flexibility Act. Grove, PA. The development of a be changed in light of comments Standard Instrument Approach received. All comments submitted will List of Subjects in 14 CFR Part 71 Procedure (SIAP) based on the Global be available for examination in the Airspace, Incorporation by reference, Positioning System (GPS), Helicopter Rules Docket both before and after the Navigation (air) Point in Space Approach at EWT 4 closing date for comments. A report Heliport, Honey Grove, PA has made summarizing each substantive public The Proposed Amendment this proposal necessary. Sufficient contact with the FAA personnel In consideration of the foregoing, the controlled airspace extending upward concerned with this rulemaking will be Federal Aviation Administration from 700 feet Above Ground Level filed in the docket.
VerDate 11
Availability of NPRMs Authority: 49 U.S.C. 106(g), 40103, 40113, Sanctuaries, 1305 East-West Highway, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 11th Floor, Silver Spring, MD 20910, Any person may obtain a copy of this 1963 Comp., p. 389. Attention: Fair Market Value Analysis. Notice of Proposed Rulemaking (NPRM) Comments may also be submitted by by submitting a request to the Office of § 71.1 [Amended] email to: [email protected], the Regional Counsel, AEA–7, F.A.A. 2. The incorporation by reference in subject line ‘‘Fair Market Value Eastern Region, 1 Aviation Plaza, 14 CFR 71.1 of Federal Aviation Analysis.’’ The report is available for Jamaica, NY, 11434–4809. Administration Order 7400.9J, Airspace download at http:// Communications must identify the Designations and Reporting Points, www.sanctuaries.nos.noaa.gov or by docket of this NPRM. Persons interested dated August 31, 2001, and effective requesting an electronic or hard copy. in being placed on a mailing list for September 16, 2001, is proposed to be Requests can be made by sending an future NPRMs should also request a amended as follows: email to [email protected] copy of Advisory Circular No. 11–2A, Paragraph 6005 Class E airspace areas (subject line ‘‘Request for Fair Market which describes the application extending upward from 700 feet or more Value Analysis’’) or by calling Matt procedure. above the surface of the earth Brookhart at the number below. The Proposal * * * * * FOR FURTHER INFORMATION CONTACT: Matt The FAA is considering an AEA PA E5, Honey Grove, PA [New] Brookhart, (301) 713–3125, x140. amendment to Part 71 of the Federal EWT 4 Heliport SUPPLEMENTARY INFORMATION: On August Aviation Regulations (14 CFR Part 71) to (Lat 40°24′13″ N.; long 77°33′24″ W.) 17, 2001, NOAA published a Notice of Point in Space Coordinates Availability (66 Federal Register 43135) establish Class E airspace area at EWT ° ′ ″ ° ′ ″ 4 Heliport. Class E airspace designations (Lat 40 22 27 N.; long 77 37 44 W.) and reopening of opportunity to for airspace areas extending upward That airspace extending upward from 700 comment on the draft report ‘‘Fair from 700 feet or more above the surface feet above the surface within a 6 mile radius Market Value for a Submarine Cable of the point in space for the SIAP to the EWT Permit in National Marine Sanctuaries.’’ of the earth are published in Paragraph 4 Heliport. 6005 of FAA Order 7400.9J, dated In response to several requests from the August 31, 2001, and effective Issued in Jamaica, New York on September public, NOAA is extending the existing September 16, 2001, which is 10, 2001. 45 day public comment period by 15 incorporated by reference in 14 CFR F.D. Hatfield, days. Therefore, comments on the 71.1. The Class E airspace designation Manager, Air Traffic Division, Eastern Region. analysis must now be received by listed in this document would be [FR Doc. 01–23943 Filed 9–27–01; 8:45 am] October 16, 2001. published subsequently in the Order. BILLING CODE 4910–13–M Dated: September 21, 2001. The FAA has determined that this Jamison S. Hawkins, proposed regulation only involves an Deputy Assistant Administrator. established body of technical DEPARTMENT OF COMMERCE [FR Doc. 01–24345 Filed 9–27–01; 8:45 am] regulations for which frequent and BILLING CODE 3510–08–M routine amendments are necessary to National Oceanic and Atmospheric keep them operationally current. Administration Therefore, this proposed regulation—(1) is not a ‘‘significant regulatory action’’ 15 CFR Part 922 DEPARTMENT OF THE TREASURY under Executive Order 12866; (2) is not [Docket No. 010712175–1175–01] Internal Revenue Service a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 RIN 0648–XA71 26 CFR Part 1, 5c, 5f, 18, and 301 FR 11034; February 26, 1979) and (3) Fair Market Value for a Submarine does not warrant preparation of a [REG–106917–99] regulatory evaluation as the anticipated Cable Permit in National Marine impact is so minimal. Since this is a Sanctuaries RIN 1545–AX15 routine matter that would only affect air AGENCY: National Marine Sanctuary traffic procedures and air navigation, it Changes In Accounting Periods; Program (NMSP), National Ocean Hearing Cancellation is certified that this proposed rule Service (NOS), National Oceanic and would not have significant economic Atmospheric Administration (NOAA), AGENCY: Internal Revenue Service (IRS), impact on a substantial number of small Department of Commerce (DOC). Treasury. entities under the criteria of the ACTION: Extension of public comment ACTION: Cancellation of notice of public Regulatory Flexibility Act. period. hearing on proposed rulemaking. List of Subjects in 14 CFR Part 71 SUMMARY: Pursuant to public request, SUMMARY: This document provides Airspace, Incorporation by reference, NOAA is extending by 15 days the notice of cancellation of a public Navigation (air). comment period on the draft report hearing on proposed regulations under The Proposed Amendment ‘‘Fair Market Value for a Submarine sections 441, 442, 706, 898, and 1378 of Cable Permit in National Marine the Internal Revenue Code of 1986 that In consideration of the foregoing, the Sanctuaries,’’ published on August 17, relate to certain adoptions, changes, and Federal Aviation Administration 2001, 66 FR 43135. retentions of annual accounting periods. proposes to amend 14 CFR Part 71 as DATES: Comments must be now received DATES: The public hearing originally follows: by October 16, 2001. scheduled for October 2, 2001, at 10 PART 71—[AMENDED] ADDRESSES: Address all comments a.m., is cancelled. regarding this notice to Helen Golde, FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 14 CFR Chief, Conservation Policy and Planning Treena Garrett of the Regulations Unit, Part 71 continues to read as follows: Branch, Office of National Marine Associate Chief Counsel (Income Tax
VerDate 11
and Accounting), (202) 622–7180 (not a DATES: Comments on this federal II. What Did Vermont Submit to Meet toll-free number). proposed rule must be received on or the Title V Requirements? SUPPLEMENTARY INFORMATION: A notice before October 29, 2001. Vermont submitted its Title V of proposed rulemaking and notice of ADDRESSES: Comments may be mailed to operating permit program on April 28, public hearing that appeared in the Donald Dahl, Air Permits Program Unit, 1995. In addition to regulations Federal Register on June 13, 2001, (66 Office of Ecosystem Protection (mail (Environmental Protection Regulations, FR 31850), announced that a public Air Pollution Control Chapter V, hearing was scheduled for October 2, code CAP) U.S. Environmental Protection Agency, EPA—New England, Definitions and Subchapter X), the 2001, at 10 a.m., in the Auditorium, program submittal included a legal Internal Revenue Service Building, 1111 One Congress Street, Suite 1100, Boston, MA 02114–2023. EPA strongly opinion from the Attorney General of Constitution Avenue, NW., Washington, Vermont stating that the laws of the recommends that any comments should DC. The subject of the public hearing is State provide adequate legal authority to also be sent to Conrad W. Smith of the proposed regulations under sections carry out all aspects of the program, and 441, 442, 706, 898, and 1378 of the Air Pollution Control Division, a description of how the State would Internal Revenue Code. The public Department of Environmental implement the program. The submittal comment period for these proposed Conservation, 2nd floor, South Building, additionally contained evidence of regulations expired on September 11, Waterbury, Vermont, 05671–0402. proper adoption of the program 2001. Copies of the State submittal and other regulations, application and permit The notice of proposed rulemaking supporting documentation relevant to forms, and a permit fee demonstration. and notice of public hearing, instructed this action, are available for public This program, including the operating those interested in testifying at the inspection during normal business permit regulations, substantially met the public hearing to submit a request to hours, by appointment at the above requirements of part 70. speak and an outline of the topics to be addresses. addressed. As of September 24, 2001, no III. What Was EPA’s Action on one has requested to speak. Therefore, FOR FURTHER INFORMATION CONTACT: Vermont’s 1995 Submittal? the public hearing scheduled for Donald Dahl at (617) 918–1657. EPA deemed the program October 2, 2001, is cancelled. SUPPLEMENTARY INFORMATION: administratively complete in a letter to Cynthia E. Grigsby, the state dated June 12, 1995. On May I. Why Was Vermont Required To Chief, Regulations Unit, Associate Chief 24, 1996, EPA proposed to grant interim Counsel (Income Tax and Accounting). Develop an Operating Permit Program? approval to Vermont’s submittal. After [FR Doc. 01–24258 Filed 9–27–01; 8:45 am] responding to comments, EPA granted Title V of the Clean Air Act as interim approval to Vermont’s submittal BILLING CODE 4830–01–P amended (42 U.S.C. 7401 and 7661, et on October 2, 1996. In the document seq.), requires all states to develop an granting interim approval, EPA stated operating permit program and submit it that there were several areas of ENVIRONMENTAL PROTECTION to EPA for approval. EPA has Vermont’s program regulations that AGENCY promulgated rules that define the would need to be amended in order for minimum elements of an approvable 40 CFR Part 70 EPA to fully approve the state’s state operating permit program and the program. EPA has been working closely [VT–021–1224; A–1–FRL–7069–6] corresponding standards and with the state and has determined that procedures by which EPA will approve, the state is proposing to make all of the Full Approval of Clean Air Act oversee, and withdraw approval of state necessary rule changes for full approval. Operating Permit Program; State of operating permit programs. See 57 FR The following section contains details Vermont 32250 (July 21, 1992). These rules are regarding the areas of Vermont’s AGENCY: Environmental Protection codified at 40 Code of Federal regulations where the state is proposing Agency (EPA). Regulations (CFR) part 70. Title V to address EPA’s interim approval ACTION: Proposed rule. directs states to develop programs for issues. issuing operating permits to all major SUMMARY: The EPA is proposing to fully IV. What Were EPA’s Interim Approval stationary sources and to certain other Issues and How Has Vermont Proposed approve the operating permit program sources. The Act directs states to submit for the State of Vermont. Vermont’s To Amend Its Regulation To Address their operating permit programs to EPA the Interim Approval Issues? operating permit program was created to by November 15, 1993, and requires that meet the federal Clean Air Act (Act) EPA act to approve or disapprove each 1. 40 CFR 70.4(b)(12)(i) requires states directive that states develop, and submit program within one year after receiving to allow for facilities to make changes as to EPA, programs for issuing operating the submittal. The EPA’s program required by section 502(b)(10) of the permits to all major stationary sources review occurs pursuant to section 502 of Act, ‘‘Section 502(b)(10) changes’’ as of air pollution and to certain other the Act (42 U.S.C. 7661a) and the part defined in part 70, with just a seven day sources within the states’ jurisdiction. 70 regulations, which together outline notice. Subchapter X, section 5–1014 of EPA is proposing to approve Vermont’s the state’s proposed rule has been criteria for approval or disapproval. program at the same time Vermont is amended to allow a facility to make proposing changes to its state Where a program substantially, but changes that are equivalent to regulations to address EPA’s interim not fully, meets the requirements of part ‘‘502(b)(10) changes’’ after a fifteen-day approval issues. The public comment 70, EPA may grant the program interim notice. Vermont’s regulations satisfy the period for Vermont’s program approval. EPA granted the State of requirements of Title V regarding regulations (Air Pollution Control Vermont final interim approval of its ‘‘section 502(b)(10) changes.’’ Regulations, Subchapter X) is open for program on October 2, 1996 (see 61 FR 2. 40 CFR 70.4(b)(12)(iii) requires comment from September 13, 2001 until 51368) and the program became states to allow facilities to trade October 15, 2001. effective on November 1, 1996. emissions under an emission cap
VerDate 11
established solely within a permit, program element. Vermont has bound mandates and does not significantly or provided the emissions are quantifiable itself to provide a sufficient uniquely affect small governments, as and there are replicable procedures to identification of the origin and authority described in the Unfunded Mandates enforce the emission trades. Subchapter of permit terms. Reform Act of 1995 (Public Law 104–4) X, sections 5–1014 and 5–1015(a)(15) of 7. 40 CFR 70.7(f) requires each permit because it proposes to approve pre- the state’s proposed rule have been to contain provisions specifying the existing requirements under state law amended to require the state to grant conditions when a permit must be and does not impose any additional emission trades that meet these reopened and revised. Subchapter X, enforceable duties beyond that required requirements. Any emissions involved section 5–1015(a)(13) of the state’s by state law. This rule also does not in such a trade are now required to be proposed rule requires the state to write have tribal implications because it will quantifiable, with replicable procedures a permit condition stating when a not have a substantial direct effect on to enforce the trade. permit may be reopened and reissued in one or more Indian tribes, on the 3. 40 CFR 70.6(a)(3)(iii)(B) requires a accordance with section 5–1008 of the relationship between the Federal state to write a source’s obligation in proposed rule. Subchapter X, section 5– Government and Indian tribes, or on the every permit to promptly report all 1008(e)(1) of the proposed rule requires distribution of power and permit deviations. The state’s permitting that the state must reopen and reissue responsibilities between the Federal rule or each permit itself must also permits under certain circumstances. Government and Indian tribes, as define what is ‘‘prompt reporting.’’ EPA understands that the combination specified by Executive Order 13175, Subchapter X, section 5–1015(a)(6) of of these provisions has the effect of ‘‘Consultation and Coordination with the state’s proposed rule requires requiring the reopening of any permit Indian Tribal Governments’’ (65 FR Vermont to include a permit condition for which cause to reopen exists under 67249, November 9, 2000). This rule that mandates sources to promptly section 5–1008(e)(1). The permissive also does not have Federalism report all permit deviations. This language used in section 5–1015(a)(13) implications because it will not have proposed section of the rule also simply incorporates and does not substantial direct effects on the States, requires Vermont to define ‘‘prompt’’ in change the mandate in section 5– on the relationship between the national each permit and provides that such 1008(e)(1) to reopen a permit for cause government and the States, or on the reporting shall be at least as stringent as when necessary. Provided Vermont does distribution of power and required by EPA in permits issued not disagree with this interpretation, responsibilities among the various under 40 CFR part 71. these two provision of the state’s rule levels of government, as specified in 4. 40 CFR 70.6(a)(9)(i) requires all are now consistent with federal Executive Order 13132, ‘‘Federalism’’ permits to contain a condition that a requirements. (64 FR 43255, August 10, 1999). The source maintain a record when 8. 40 CFR 70.7(f)(1)(i) requires a state rule merely proposes to approve switching between operating scenarios. to reopen and reissues a permit within existing requirements under state law, Subchapter X, section 5–1015(a)(8) of 18 months of a source’s becoming and does not alter the relationship or the state’s proposed rule requires subject to an additional applicable the distribution of power and Vermont to include a permit condition requirement if there are 3 or more years responsibilities between the State and that specifies a source must maintain remaining in the permit term. the Federal government established in records of switches between operating Subchapter X, section 5–1008(e)(1)(i) of the Clean Air Act. This proposed rule scenarios. the state’s proposed rule requires the 5. 40 CFR 70.6(b)(2) requires a state to also is not subject to Executive Order state to reopen and reissue a permit 13045, ‘‘Protection of Children from designate those permit terms which are under such circumstances. enforceable only by the State and are Environmental Health Risks and Safety not enforceable under federal law. V. Proposed Action Risks’’ (62 FR 19885, April 23, 1997) or Subchapter X, section 5–1015(a)(9) of EPA proposes to fully approve Executive Order 13211, ‘‘Actions the state’s proposed rule requires Vermont’s Title V program, provided Concerning Regulations That Vermont to designate in the Findings of the state finalizes its regulations Significantly Affect Energy Supply, Fact section of each permit all terms and consistent with the terms and Distribution, or Use’’ (66 FR 28355, May conditions of a permit that are not interpretations of this proposed rule and 22, 2001), because it is not a significant federally enforceable. The Findings of submits its regulations to EPA for regulatory action under Executive Order Fact section accompanies each permit approval. 12866. This action will not impose any and makes the distinction required collection of information subject to the under section 70.6(b)(2) available to the VI. Administrative Requirements provisions of the Paperwork Reduction public and the permittee. Under Executive Order 12866, Act, 44 U.S.C. 3501 et seq., other than 6. 40 CFR 70.6(a)(1)(i) requires a state ‘‘Regulatory Planning and Review’’ (58 those previously approved and assigned to indicate in a Title V permit the origin FR 51735, October 4, 1993), this OMB control number 2060–0243. For and authority of all permit terms and proposed action is not a ‘‘significant additional information concerning these conditions, and identify any difference regulatory action’’ and therefore is not requirements, see 40 CFR part 70. An in form as compared to the applicable subject to review by the Office of agency may not conduct or sponsor, and requirement upon which a permit term Management and Budget. Under the a person is not required to respond to, or condition is based. Subchapter X, Regulatory Flexibility Act (5 U.S.C. 601 a collection of information unless it section 5–1015(a)(2) of the state’s et seq.) the Administrator certifies that displays a currently valid OMB control proposed rule requires Vermont to list this proposed rule will not have a number. ‘‘[a] reference, but not necessarily all significant economic impact on a In reviewing State operating permit references of the origin and authority for substantial number of small entities programs submitted pursuant to Title V each term or condition.’’ The state’s because it merely approves state law as of the Clean Air Act, EPA will approve proposed language, although it does meeting federal requirements and State programs, provided that they meet appear to anticipate less than all imposes no additional requirements the requirements of the Clean Air Act references will be included in some beyond those imposed by state law. This and EPA’s regulations codified at 40 circumstances, is adequate to meet this rule does not contain any unfunded CFR part 70. In this context, in the
VerDate 11
absence of a prior existing requirement ADDRESSES: Comments may be mailed to FOR FURTHER INFORMATION CONTACT: for the State to use voluntary consensus Steven Rapp, Unit Manager, Air Permit Matthew B. Miller, P.E., Chief, Hazards standards (VCS), EPA has no authority Program Unit, Office of Ecosystem Study Branch, Federal Insurance and to disapprove a State operating permit Protection (mail code CAP) U.S. Mitigation Administration, Federal program for failure to use VCS. It would Environmental Protection Agency, Emergency Management Agency, 500 C thus be inconsistent with applicable law EPA—New England, One Congress Street SW., Washington, DC 20472, for EPA, when it reviews an operating Street, Suite 1100, Boston, MA 02114– (202) 646–3461, or (email) permit program, to use VCS in place of 2023. Copies of the State submittal, and [email protected]. a State program that otherwise satisfies other supporting documentation SUPPLEMENTARY INFORMATION: The the provisions of the Clean Air Act. relevant to this action, are available for Federal Emergency Management Agency Thus, the requirements of section 12(d) public inspection during normal (FEMA or Agency) proposes to make of the National Technology Transfer and business hours, by appointment at the determinations of base flood elevations Advancement Act of 1995 (15 U.S.C. Office of Ecosystem Protection, U.S. and modified base flood elevations for 272 note) do not apply. Environmental Protection Agency, each community listed below, in EPA—New England, One Congress List of Subjects in 40 CFR Part 70 accordance with Section 110 of the Street, 11th floor, Boston, MA. Environmental protection, Flood Disaster Protection Act of 1973, FOR FURTHER INFORMATION CONTACT: Ida 42 U.S.C. 4104, and 44 CFR 67.4(a). Administrative practice and procedure, E. Gagnon, (617) 918–1653. Air pollution control, Intergovernmental These proposed base flood and SUPPLEMENTARY INFORMATION: For modified base flood elevations, together relations, Operating permits, Reporting additional information, see the direct and recordkeeping requirements. with the floodplain management criteria final rule which is located in the Rules required by 44 CFR 60.3, are the Dated: September 19, 2001. Section of this Federal Register. minimum that are required. They Robert W. Varney, Dated: September 19, 2001. should not be construed to mean that Regional Administrator, EPA-New England. Robert W. Varney, the community must change any [FR Doc. 01–24381 Filed 9–27–01; 8:45 am] Regional Administrator, EPA—New England. existing ordinances that are more BILLING CODE 6560–50–P [FR Doc. 01–24065 Filed 9–27–01; 8:45 am] stringent in their floodplain BILLING CODE 6560–50–P management requirements. The community may at any time enact ENVIRONMENTAL PROTECTION stricter requirements of its own, or AGENCY FEDERAL EMERGENCY pursuant to policies established by other Federal, state or regional entities. These 40 CFR Part 70 MANAGEMENT AGENCY proposed elevations are used to meet [AD–FRL–7065–8] 44 CFR Part 67 the floodplain management requirements of the NFIP and are also Clean Air Act Final Approval of [Docket No. FEMA–D–7512] used to calculate the appropriate flood Operating Permits Program; insurance premium rates for new Commonwealth of Massachusetts Proposed Flood Elevation Determinations buildings built after these elevations are AGENCY: Environmental Protection made final, and for the contents in these Agency (EPA). AGENCY: Federal Emergency buildings. Management Agency, FEMA. National Environmental Policy Act. ACTION: Proposed rule. ACTION: Proposed rule. This proposed rule is categorically SUMMARY: EPA proposes full approval of excluded from the requirements of 44 SUMMARY: Technical information or the Clean Air Act operating permit CFR Part 10, Environmental comments are requested on the program submitted by the Consideration. No environmental proposed base (1% annual chance) flood Commonwealth of Massachusetts. In the impact assessment has been prepared. elevations and proposed base flood Final Rules Section of this Federal Regulatory Flexibility Act. The Acting elevation modifications for the Register, EPA is approving the Executive Associate Director, Mitigation communities listed below. The base Massachusetts Operating Permit Directorate, certifies that this proposed flood elevations are the basis for the Program as a direct final rule without rule is exempt from the requirements of floodplain management measures that prior proposal because the Agency the Regulatory Flexibility Act because the community is required either to views this as a noncontroversial action proposed or modified base flood adopt or to show evidence of being and anticipates no adverse comments. A elevations are required by the Flood already in effect in order to qualify or detailed rationale for the approval is set Disaster Protection Act of 1973, 42 remain qualified for participation in the forth in the direct final rule. If EPA U.S.C. 4104, and are required to National Flood Insurance Program receives no relevant adverse comments establish and maintain community (NFIP). in response to this action, we eligibility in the NFIP. As a result, a contemplate no further activity. If EPA DATES: The comment period is ninety regulatory flexibility analysis has not receives relevant adverse comments, we (90) days following the second been prepared. will withdraw the direct final rule and publication of this proposed rule in a Regulatory Classification. This address all public comments received in newspaper of local circulation in each proposed rule is not a significant a subsequent final rule based on this community. regulatory action under the criteria of proposed rule. EPA will not institute a ADDRESSES: The proposed base flood Section 3(f) of Executive Order 12866 of second comment period. Any parties elevations for each community are September 30, 1993, Regulatory interested in commenting should do so available for inspection at the office of Planning and Review, 58 FR 51735. at this time. the Chief Executive Officer of each Executive Order 12612, Federalism. DATES: Comments must be received on community. The respective addresses This proposed rule involves no policies or before October 29, 2001. are listed in the following table. that have federalism implications under
VerDate 11
Executive Order 12612, Federalism, List of Subjects in 44 CFR Part 67 AUTHORITY: 42 U.S.C. 4001 et seq.; dated October 26, 1987. Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 12778, Civil Justice procedure, Flood insurance, Reporting 3 CFR, 1979 Comp., p. 376. Reform. This proposed rule meets the and recordkeeping requirements. applicable standards of Section 2(b)(2) Accordingly, 44 CFR part 67 is § 67.4 [Amended] of Executive Order 12778. proposed to be amended as follows: 2. The tables published under the PART 67—[AMENDED] authority of § 67.4 are proposed to be 1. The authority citation for Part 67 amended as follows: continues to read as follows:
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Alabama ...... Baldwin County Fish River...... Approximately 420 feet upstream of ◆105 ◆104 (Unincorporated Threemile Creek. Areas). At the upstream side of U.S. Route 51 None ◆196 (State Highway 59). Perone Branch ...... At confluence with Fish River ...... ◆35 ◆34 At State Highway 59 ...... None ◆145 Styx River ...... At confluence with Perdido River ...... ◆6 ◆9 At Brady Road (Truck Route 17) ...... None ◆77 Maps available for inspection at the Baldwin County Building Department, 201 East Section Street, Bay Minette, Alabama. Send comments to Mr. Joe Faust, Chairman of the Baldwin County Commission, P.O. Box 1488, Bay Minette, Alabama 36507.
Alabama ...... Bay Minette (City), McCurtin Creek Tributary Approximately 1,725 feet upstream of None ◆216 Baldwin County. Rock Hill Road. At dam ...... None ◆221 Maps available for inspection at the City Hall, 301 D’Olive Street, Bay Minette, Alabama. Send comments to The Honorable Sonny Dobbins, Mayor of the City of Bay Minette, P.O. Box 1208, Bay Minette, Alabama 36507.
Alabama ...... Daphne (City), D’Olive Creek ...... At the confluence with D’Olive Bay ...... ◆12 ◆13 Baldwin County. Approximately 100 feet downstream of ◆12 ◆13 Lake Forest Dam. Mobile Bay...... Approximately 2,500 feet west of the ◆17 ◆19 intersection of Main Street and Bel Air Drive. At the intersection of Oak Bluff Drive and None ◆13 Maxwell Avenue. Maps available for inspection at the Building Inspector’s Office, 1705 Main Street, Daphne, Alabama. Send comments to The Honorable E. Harry Brown, Mayor of the City of Daphne, P.O. Drawer 400, Daphne, Alabama 36526.
Alabama ...... Fairhope (City), Mobile Bay ...... Approximately 900 feet west of the inter- ◆14 ◆17 Baldwin County. section of Main Street and Chapman Street. At the intersection of Pecan Avenue and None ◆11 Mobile Street. Maps available for inspection at the Building Department, 161 North Section Street, Fairhope, Alabama. Send comments to The Honorable Tim Kant, Mayor of the City of Fairhope, P.O. Drawer 429, Fairhope, Alabama 36533.
Alabama ...... Gulf Shores Gulf of Mexico ...... Approximately 250 feet south of the inter- None ◆8 (Town), Baldwin section of State Park RD 2 and County. Branyon Loop. Approximately 500 feet southeast of the ◆12 ◆15 intersection of West Beach Boulevard and Sand Dollar Lane. Bon Secour Bay ...... Approximately 0.7 mile east of intersec- None ◆10 tion of Galloway Lane and Fort Morgan Road. At most northwest corner of the Gulf ◆14 ◆15 Shores corporate limits along the Bon Secour Bay shoreline. Oyster Bay ...... Approximately 250 feet north of intersec- None ◆10 tion of Quail Run West and Oyster Bay Lane. Approximately 0.4 mile north of intersec- ◆10 ◆14 tion of Quail Run West and Oyster Bay Lane.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Community Development Department, 1905 West First Avenue, Gulf Shores, Alabama. Send comments to The Honorable David Bodenhamer, Mayor of the Town of Gulf Shores, P.O. Box 299, Gulf Shores, Alabama 36547.
Alabama ...... Orange Beach Gulf of Mexico ...... Approximately 400 feet south of the inter- None ◆8 (City), Baldwin section of Perdido Beach Boulevard County. and Polaris Street. Approximately 1,000 feet south of the ◆12 ◆15 intersection of East Beach Boulevard and Hocklander Lane. Perdido Bay...... Intersection of Mobile Avenue and None ◆6 Camey Drive. Approximately 350 feet southeast of inter- ◆8 ◆9 section of Jackson Avenue and Burkart Drive. Wolf Bay ...... At intersection of Hickory Lane and Canal None ◆6 Road. Approximately 1,250 feet north of the ◆6 ◆8 intersection of Magnolia Avenue and Bay Circle. Maps available for inspection at the Building Department, 4099 Orange Beach Boulevard, Orange Beach, Alabama. Send comments to The Honorable Steve Russo, Mayor of the City of Orange Beach, P.O. Box 458, Orange Beach, Alabama 36561.
Alabama ...... Spanish Fort (City), Mobile Bay ...... Approximately 0.4 mile west of the inter- ◆14 ◆15 Baldwin County. section of Spanish Main and Bull Run Road. Approximately 500 feet west of intersec- None ◆13 tion of Caisson Trail and Spanish Main. Maps available for inspection at the City of Spanish Fort Flood Protection Administrator’s Office, 7581 Spanish Fort Boulevard, Spanish Fort, Alabama. Send comments to The Honorable Gregory A. Kuhlmann, Mayor of the City of Spanish Fort, P.O. Box 7226, Spanish Fort, Alabama 36577.
Connecticut ...... Cheshire (Town), Judd Brook ...... At West Johnson Avenue ...... *138 *137 New Haven County. Approximately 600 feet upstream of Inter- *139 *140 state 84. Maps available for inspection at the Town Planning Department, Town Hall, 84 South Main Street, Cheshire, Connecticut. Send comments to Mr. Michael Milone, Manager of the Town of Cheshire, 84 South Main Street, Cheshire, Connecticut 06410.
Connecticut ...... Enfield (Town), Waterworks Brook ...... Approximately 140 feet downstream of *55 *54 Hartford County. breached dam. Approximately 500 feet upstream of Elm *121 *124 Avenue. Terry Brook ...... At the confluence with the Scantic River None *117 Approximately 250 feet upstream of None *204 Somers Road. Maps available for inspection at the Enfield Town Engineer’s Office, 820 Enfield Street, Enfield, Connecticut. Send comments to Mr. Scott Shanley, Enfield Town Manager, 820 Enfield Street, Enfield, Connecticut 06082–2997.
Connecticut ...... Marlborough Blackledge River ...... Approximately 2,620 feet of West Road .. *351 *352 (Town), Hartford County. Approximately 550 feet upstream of None *384 Jones Hollow Bridge. Fawn Brook...... Approximately 210 feet upstream of *179 *180 South Main Street. Approximately 2,925 feet upstream of None *193 South Main Street. Unnamed Tributary of At confluence with Dickinson Creek ...... None *419 Dickinson Creek. A point approximately 660 feet upstream None *423 of State Route 2.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Marlborough Town Planner’s Office, Town Hall, 26 North Main Street, Marlborough, Connecticut. Send comments to Mr. Howard Dean, Jr., Town of Marlborough First Selectman, Town Hall, 26 North Main Street, P.O. Box 29, Marlborough, Connecticut 06447.
Connecticut ...... Southington Judd Brook ...... Approximately 75 feet upstream of Hart- *138 *139 (Town), Hartford ford County corporate limits. County. At confluence of East Branch Judd Brook *143 *144 and Humiston Brook. Humiston Brook ...... At confluence of Judd Brook and East *143 *144 Branch Judd Brook. Approximately 50 feet downstream of *164 *166 Marion Avenue. East Branch Judd Brook.. At confluence of Judd Brook and *143 *144 Humiston Brook. Approximately 1,940 feet upstream of *186 *185 Marion Avenue. Maps available for inspection at the Planning and Zoning Department, 75 Main Street, Southington, Connecticut. Send comments to Mr. John Weichsel, Manager of the Town of Southington, P.O. Box 610, 75 Main Street, Southington, Connecticut 06489.
Florida ...... Franklin County Apalachicola Bay...... Approximately 2.6 miles southeast of *7 *8 (Unincorporated West Pass. Areas). Approximately 4.1 miles southwest of *7 *10 Government Cut in St. George Island. St. George Sound ...... Just east of St. George Island Bridge ...... *9 *10 Shoreline of St. George Island at (and in- *15 *12 clude) Marsh Island. Gulf of Mexico...... Approximately 2.6 miles southeast of *7 *8 West Pass. Approximately 1.5 miles southeast of the *21 *23 confluence of Big Claires Creek with Ochlockonee Bay. Alligator Harbor ...... Approximately 1,000 feet north of the *15 *16 intersection of State Route 370 and West Harbor Road. Approximately 900 feet east of Peninsula *18 *17 Point. Maps available for inspection at the Planning and Engineering Department, 33 Commerce Street, Apalachicola, Florida. Send comments to Mr. Tim Turner, Director of the Franklin County Emergency Management Agency, 33 Commerce Street, Apalachicola, Florida 32320.
Florida ...... Lake County (Unin- Leesburg Unnamed Entire shoreline within community ...... None *70 corporated Ponding Area. Areas). Maps available for inspection at the Lake County Public Works, 123 North Sinclair Avenue, Tavares, Florida. Send comments to Mr. Jim Stivender, Jr., P.E., P.L.S., 123 North Sinclair Avenue, Tavares, Florida 32778.
Illinois ...... Milan (Village), Rock River ...... Approximately 0.63 mile downstream of *563 *564 Rock Island Chicago, Rock Island, and Pacific Rail- County. road. Approximately 530 feet upstream of U.S. *565 *564 Route 67. North Channel Rock River At confluence with Rock River ...... *563 *564 Approximately 300 feet downstream of *563 *564 the Sears Dam. Maps available for inspection at the Milan Village Administrator’s Office, 321 West 2nd Avenue, Milan, Illinois. Send comments to Mr. Duane Dawson, Milan Village President, Village Hall, 321 West 2nd Avenue, Milan, Illinois 61264.
Illinois ...... Rock Island (City), Mississippi River ...... At confluence of Rock River ...... *563 *564 Rock Island County. Approximately 2,100 feet upstream of *563 *564 confluence with Rock River. Rock River ...... At the confluence with Mississippi River .. *563 *564 Approximately 0.55 mile downstream of *563 *564 Chicago, Rock Island, and Pacific Rail- road.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
North Channel Rock River At confluence with Rock River ...... *563 *564 Approximately 1,650 feet upstream of *563 *564 confluence with Rock River. Old Channel Mill Creek .... At Interstate 280 ...... None *563 Approximately 1,280 feet upstream of None *563 Interstate 280. Maps available for inspection at the City Hall, 1528 3rd Avenue, Rock Island, Illinois. Send comments to The Honorable Mark Schwiebert, Mayor of the City of Rock Island, 1528 3rd Avenue, Rock Island, Illinois 61201.
Illinois ...... Rock Island County Shaffer Creek ...... At the confluence with Rock River ...... *572 *573 (Unincorporated Areas). Approximately 900 feet upstream of East None 579 3rd Avenue. Maps available for inspection at the Rock Island County Building, 1504 3rd Avenue, Rock Island, Illinois. Send comments to Mr. William R. Armstrong, Chairman of the Rock Island County Board, Rock Island County Building, 1504 3rd Avenue, Rock Island, Illinois 61201.
Illinois ...... Silvis (City), Rock Unnamed Creek ...... Approximately 165 feet upstream of the None *650 Island County. dam. Approximately 525 feet upstream of the None *650 dam. Maps available for inspection at the Silvis City Inspector’s Office, 1032 1st Avenue, Silvis. Illinois. Send comments to The Honorable Lyle E. Lohse, Mayor of the City of Silvis, 1032 1st Avenue, Silvis, Illinois 61282.
Indiana ...... Carmel (City), Cool Creek ...... Approximately 0.975 miles upstream of *744 *743 Hamilton County. confluence with West Fork White River. At East 146th Street ...... *816 *818 Hot Lick Creek ...... At confluence with Hot Lick Creek ...... *769 *770 Approximately 450 feet upstream from *769 *770 confluence with Cool Creek. Little Cool Creek ...... At confluence with Cool Creek ...... None *806 Approximately 150 feet downstream of None *845 most upstream crossing of East 136th Street. Little Eagle Creek ...... At county boundary ...... None *865 At West 146th Street ...... None *865 Kirkendall Creek ...... At confluence with Vestal Ditch ...... None *768 At East 146th Street ...... None *770 Mitchener Ditch ...... Approximately 100 feet downstream of None *771 Cherry Tree Road. At East 146th Street ...... None *804 Spring Mill Run ...... Approximately 300 feet upstream of con- None *794 fluence with Williams Creek. At confluence with Well Run ...... None *853 Vestal Ditch ...... At confluence with West Fork White River None *746 At East 146th Street ...... None *769 Well Run ...... At confluence with Spring Mill Run ...... None *853 Approximately 1,000 feet downstream of None *860 Torrey Pines Circle. Maps available for inspection at the City of Carmel Department of Community Services, 1 Civic Square, Carmel, Indiana. Send comments to The Honorable James Brainard, Mayor of the City of Carmel, 1 Civic Square, Carmel, Indiana 46032.
Indiana ...... Grant County (Un- Lugar Creek...... At the confluence with Mississinewa None *794 incorporated River. Areas). At confluence with Monroe Ditch and None *835 Tippey Ditch. Monroe Ditch ...... At the confluence with Lugar Creek ...... None *835 A point approximately 1.4 miles upstream None *851 of State Route 700. Tippey Ditch ...... At the confluence with Lugar Creek ...... None *835 Downstream side of Bradford Pike ...... None *841 Mississinewa River ...... Approximately 0.4 mile upstream of State None *784 Routes 9 and 13. Approximately 1,600 feet downstream of None *824 confluence of Bean Run.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Grant County Area Planning Office, 401 South Adams Street, Marion, Indiana. Send comments to Mr. David Glickfield, Chairman of the Grant County Board of Commissioners, 401 South Adams Street, Marion, Indiana 46953.
Maine ...... Lebanon Salmon Falls River ...... At downstream corporate limits ...... None *190 (Town),York County. At upstream corporate limits ...... None *421 Maps available for inspection at the Lebanon Code Enforcement Office, 655 Upper Guinea Road, Lebanon, Maine. Send comments to Mr. Gilber Zinck, Chairman of the Town of Lebanon Selectmen, P.O. Box 339, Lebanon, Maine 04027.
Maine ...... Princeton (Town), Grand Falls Flowage...... Entire shoreline within the Town of None *204 Washington Princeton. County. Lewy Lake...... Entire shoreline within the Town of None *204 Princeton. Long Lake...... Entire shoreline within the Town of None *204 Princeton. Maps available for inspection at the Princeton Town Office, 15 Depot Street, Princeton, Maine. Send comments to Mr. Greg Monk, Chairman of the Town of Princeton Board of Selectmen, P.O. Box 408, Princeton, Maine 04668.
Massachusetts ...... Westwood (Town), Bubbling Brook ...... Approximately 40 feet upstream of the *145 *144 Norfolk County. confluence with Pettee Pond. Approximately 800 feet upstream of North None *228 Street. Mill Brook ...... Approximately 40 feet upstream of con- *145 *144 fluence with Pettee Pond. Approximately 1,000 feet upstream of *240 *236 Hartford Street. Purgatory Brook ...... At Everett Street ...... *69 *66 Approximately 1.19 miles upstream of None *175 Gay Street. South Brook ...... At the confluence with Purgatory Brook ... *71 *67 Downstream side of East Street ...... *78 *76 Maps available for inspection at the Westwood Building Department, 50 Corby Street, Westwood, Massachusetts. Send comments to Mr. Thomas J. Dunn, Chairman of the Town of Westwood Board of Selectmen, Town of Westwood, 580 High Street, Westwood, Massachusetts 02090.
Minnesota ...... Blaine (City), County Ditch 41 (Sand At upstream side of 117th Avenue ...... None *892 Anoka County. Creek). Approximately 1,100 feet upstream of None *895 State Route 65. County Ditch 60 (Branch Approximately 350 feet downstream of *891 *894 1). Jefferson Street. At State Route 14 downstream side of *896 *895 Polk Street. Pleasure Creek ...... Approximately 450 feet upstream of Uni- *891 *892 versity Avenue. At 98th Lane ...... *894 *893 Maps available for inspection at the City of Blaine Administrative Office, Engineering Department, 9150 Central Avenue Northeast, Blaine, Minnesota. Send comments to The Honorable Thomas Ryan, Mayor of the City of Blaine, City of Blaine Administrative Office, 9150 Central Avenue Northeast, Blaine, Minnesota 55434.
New Hampshire ..... Conway (Town), Kearsarge Brook ...... At the Conway Scenic Railroad bridge .... *472 *471 Carroll County. Approximately 0.36 mile upstream of None *550 Cranmore Road bridge. Pequawket Road ...... Entire shoreline within community ...... *465 *464 Maps available for inspection at the Town Hall, 1634 East Main Street, Center Conway, New Hampshire. Send comments to Mr. Gary Webster, Chairman of the Town of Conway Board of Selectmen, Town Hall, P.O. Box 70, Center Conway, New Hampshire 03813.
New Hampshire ..... Strafford (Town), Bow Lake ...... Entire shoreline in the Town of Strafford None *517 Strafford County.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Town Office, Route 202A, Center Strafford, New Hampshire. Send comments to Mr. Lester Huckins, Chairman of the Town of Strafford Board of Selectmen, Town Office, P.O. Box 23, Center Strafford, New Hampshire 03815.
New Jersey ...... Berkeley (Town- Atlantic Ocean ...... At 10th Lane, extended ...... *13 *16 ship), Ocean County. Approximately 100 feet east of intersec- *9 #1 tion of 10th Lane and East Central Av- enue. Barnegat Bay ...... Shoreline at Balsem Drive, extended ...... *6 *9 Approximately 1 mile northeast of Sedge *9 *6 Islands. Maps available for inspection at the Berkeley Town Hall, 627 Pinewald-Keswick Road, Bayville, New Jersey 08721–0287. Send comments to Mr. Leonard Roeber, Berkeley Township Administrator, 627 Pinewald-Keswick Road, P.O. Box B, Bayville, New Jersey 08721–0287.
New York ...... Fort Plain (Village), Otsquago Creek ...... Approximately 540 feet upstream of the *305 *306 Montgomery confluence with the Mohawk River. County. Approximately 50 feet upstream of State *335 *336 Route 80. Maps available for inspection at the Fort Plain Village Hall, 168 Canal Street, Fort Plain, New York. Send comments to The Honorable Thomas L. Quackenbush, Mayor of the Village of Fort Plain, Fort Plain Village Hall, 168 Canal Street, Fort Plain, New York 13339.
New York ...... Herkimer (Village), West Canada Creek ...... Approximately 600 feet downstream of *388 *387 Herkimer County. East State Street (State Route 5). At the upstream corporate limits with the *414 *413 Town of Herkimer (approximately 1.36 miles upstream of East State Street). Maps available for inspection at the Herkimer Village Municipal Hall, 120 Green Street, Herkimer, New York. Send comments to Mr. James Franco, Herkimer County Department of Public Works, South Washington, Street, Herkimer, New York 13350.
New York ...... Jay (Town), Essex East Branch Ausable At the confluence with Ausable River ...... *551 *550 County. River. At the upstream corporate limits (approxi- None *724 mately 2.24 miles upstream of NYS Route 9N). Ausable River ...... At the downstream corporate limits ...... None *491 At the confluence of East and West *551 *550 Branches of Ausable River. Tributary to East Branch At the confluence with East Branch Ausa- None *589 Ausable River. ble River. At NYS Route 9R ...... None *765 West Branch Ausable At the confluence with the Ausable River *551 *550 River. and East Branch Ausable River. Approximately 250 feet upstream of the *553 *552 confluence with the Ausable River. Maps available for inspection at the Jay Town Hall, School Street, Ausable Forks, New York. Send comments to Mr. Thomas O’Neill, Jay Town Supervisor, P.O. Box 730, Ausable Forks, New York 12912.
New York ...... Port Jervis (City), Neversink River ...... Downstream corporate limits ...... *432 *427 Orange County. Approximately 0.05 mile downstream of *431 *427 Main Street. Delaware River ...... Downstream corporate limits ...... *451 *448 Upstream corporate limits ...... *431 *426 Maps available for inspection at the Port Jervis Municipal Building, 14 Hammond Street, Port Jervis, New York 12771. Send comments to The Honorable R. Michael Worden, Mayor of the City of Port Jervis, P.O. Box 1002, Port Jervis, New York 12771.
North Carolina ...... Belmont (City), Catawba River ...... Approximately 3,650 feet downstream of None *585 Gaston County. Norfolk Southern Railroad. Approximately 250 feet upstream of Inter- None *587 state 85. South Fork Catawba River Approximately 3.18 miles upstream of *569 *571 Armstrong Road. At Armstrong Ford Road ...... *570 *571
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Curtis Branch ...... At confluence with South Fork Catawba *569 *571 River. Approximately 980 feet upstream of the *570 *571 confluence with South Fork Catawba River. Maps available for inspection at the Belmont City Hall, 115 North Main Street, Belmont, North Carolina. Send comments to The Honorable Billy Joye, Mayor of the City of Belmont, P.O. Box 431, Belmont, North Carolina 28012.
North Carolina ...... Bessemer City Unnamed Tributary 2 to Approximately 1,645 feet downstream of None *793 (City), Gaston Long Creek. Iowa Avenue. County. Approximately 325 feet upstream of None *820 Maine Avenue. Oates Creek ...... Approximately 1.12 miles upstream of None *790 Interstate 85. Approximately 1.5 feet upstream of Inter- None *840 state 85. Unnamed Tributary 1 to Approximately 290 feet downstream of None *788 Long Creek. Arrowood Dam. Approximately 1,190 feet upstream of None *830 Arrowood Dam. Unnamed Tributary to Approximately 650 feet upstream of Elev- None *789 Abernathy Creek. enth Street. Approximately 875 feet upstream of Elev- None *790 enth Street. Maps available for inspection at the Bessemer City Hall, 132 West Virginia Avenue, Room 207, Bessemer City, North Carolina. Send comments to The Honorable Allan Farris, Mayor of the City of Bessemer City, 132 West Virginia Avenue, Bessemer City, North Caro- lina 28016.
North Carolina ...... Cherryville (Town), Beaverdam Creek ...... Approximately 150 feet downstream of None *868 Gaston County. Sullivan Road. Approximately 500 feet upstream of Pink None *916 Street. Approximately 1.31 miles upstream of 8th *601 *611 Avenue. Maps available for inspection at the Cramerton Town Hall, 155 North Main Street, Cramerton, North Carolina. Send comments to The Honorable Cathy Biles, Mayor of the Town of Cramerton, 155 North Main Street, Cramerton, North Carolina 28032.
North Carolina ...... Gaston County Catawba Creek ...... Approximately 1,475 feet upstream Beaty *618 *626 (Unincorporated Road. Areas). Approximately 838 feet downstream of None *588 Union New Hope Road. Catawba River ...... Approximately 2.8 miles upstream of con- None *594 fluence with Dutchman’s Creek. At confluence with South Fork Catawba None *571 River. Duharts Creek ...... Approximately 0.60 mile downstream of *596 *604 Cramerton-McAdenville Road. Approximately 0.35 mile upstream of *652 *656 Lowell-Bethesda Road. Fites Creek ...... Approximately 75 feet upstream of CSX *619 *620 Transportation. Approximately 1.1 miles upstream of None *674 West Catawba Avneue. Tributary R–5 ...... Approximately 150 feet downstream of None *713 Interstate 85. Approximately 0.50 mile upstream of None *814 Oates Road. Unnamed Tributary 1 to Confluence with Long Creek ...... None *773 Long Creek. Approximately 325 feet downstream of None *788 Arrowwood Dam. Unnamed Tributary 2 to Confluence with Long Creek ...... None *741 Long Creek. Approximately 1,645 feet downstream of None *793 Iowa Avenue. Unnamed Tributary to Approximately 625 feet upstream of Elev- None *789 Abernathy Creek. enth Street.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Confluence with Abernathy Creek ...... None *720 Abernathy Creek ...... Approximately 50 feet upstream of U.S. None *716 Route 29/74. Approximately 660 feet upstream of Inter- None *771 state 85. Beaverdam Creek ...... Approximately 425 feet downstream of None *834 Dallas Cherryville Highway. Approximately 275 feet downstream of None *909 Pink Street. Oates Creek ...... Approximately 100 feet downstream of None *726 Interstate 85. Approximately 6,025 feet upstream of None *790 Interstate 85. Tributary C–10 ...... At the confluence with Tributary C–10–1 *712 *715 Approximately 100 feet upstream of East *726 *732 Hudson Boulevard. Tributary C-10–1 ...... Approximately 575 feet downstream of *724 *720 East Hudson Boulevard. Approximately 650 feet upstream of East None *731 Hudson Boulevard. Kittys Branch ...... At the confluence with Catawba River ..... *571 *585 Approximately 40 feet downstream of *584 *585 CSX Railroad. South Fork Catawba River At the confluence with Catawba River ..... *569 *571 At North Carolina State Road 2519 ...... *569 *571 Nancy Hanks Branch ...... At confluence with Catawba River ...... *571 *585 Approximately 3,620 feet upstream of *584 *585 confluence with Catawba River. Stowe Branch ...... At the confluence with Catawba River ..... *572 *585 Approximately 1,470 feet upstream of *584 *585 confluence of the Stowe Branch Tribu- tary. Stowe Tributary ...... At the confluence with Stowe Branch ...... *576 *585 Approximately 1,260 feet upstream of *584 *585 confluence with Stowe Branch. Maps available for inspection at the Gaston County Planning/Code Enforcement Office, 212 West Main Avenue, Gastonia, North Carolina. Send comments to Mr. Philip Ponder, Interim Gaston County Manager, P.O. Box 1578, Gastonia, North Carolina 28053.
North Carolina ...... Gastonia (City), Forest Brook Branch ...... At confluence with Catawba Creek ...... *628 *635 Gaston County. Approximately 125 feet upstream of *819 *821 Pineridge Avenue. Duharts Creek ...... Approximately 0.48 mile downstream of *623 *628 Lowell-Bethesda Road. Approximately 450 feet upstream of *665 *666 Redbud Road. Catawba Creek ...... Approximately 0.85 mile downstream of *617 *625 confluence with Forest Brook Branch. Approximately 650 feet upstream of None *769 Vance Street. Tributary C–3 ...... At the confluence with Catawba Creek .... *644 *649 Approximately 1,200 feet upstream of *699 *696 Steeple Chase Road. Tributary C–4 ...... At the confluence with Catawba Creek .... *648 *655 Approximately 2,000 feet upstream of the *674 *681 confluence with Catawba Creek. Tributary C–5 ...... At the confluence with Catawba Creek .... *654 *658 Approximately 1,350 feet upstream of *687 *681 East Hudson Boulevard. Tributary C–5–1 ...... At the confluence of Tributary C–5 ...... *660 *658 Approximately 1,325 feet upstream of *691 *680 East Hudson Boulevard. Tributary C–6 ...... At the confluence with Catawba Creek .... *678 *680 Approximately 0.4 mile upstream of East *730 *735 Hudson Boulevard. Tributary C–7 ...... Approximately 250 feet upstream of the *696 *695 confluence with Catawba Creek. Approximately 480 feet upstream of Lau- *734 *731 rel Lane. Tributary C–8 ...... At the confluence with Catawba Creek .... *695 *699
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Approximately 0.34 mile upstream of *733 *736 Scotch Drive. Tributary C–9 ...... At the confluence with Catawba Creek .... *697 *702 Approximately 0.30 mile upstream of con- *714 *717 fluence with Catawba Creek. Tributary C–10 ...... At the confluence with Catawba Creek .... *704 *714 Approximately 100 feet upstream of East *726 *732 Hudson Boulevard. Tributary C-10–1 ...... At the confluence with Tributary C–10 ..... *712 *715 Approximately 575 feet downstream of *724 *720 East Hudson Boulevard. Tributary C–11 ...... At the confluence with Catawba Creek .... *712 *717 Approximately 1,210 feet upstream of *757 *759 Efird Street. Tributary C–12 ...... At the confluence with Catawba Creek .... *713 *718 Approximately 275 feet upstream of Oak- *762 *760 land Street. Tributary C–14 ...... At the confluence with Catawba Creek .... *725 *728 Approximately 300 feet upstream of *732 *735 Tenth Avenue. Tributary C–15 ...... At the confluence with Catawba Creek .... *733 *737 Approximately 540 feet upstream of *747 *746 Home Trail. Tributary C–16 ...... At the confluence with Catawba Creek .... *743 *744 Approximately 475 feet upstream of the *749 *753 confluence of Tributary C–16–1. Tributary C–16–1 ...... At the confluence with Tributary C–16 ..... *745 *747 Approximately 1,310 feet upstream of the *756 *758 confluence with Tributary C–16 Tributary R–5 ...... Approximately 0.32 mile from confluence *689 *688 of Crowders Creek. Approximately 350 feet from confluence *708 *707 of Oates Creek Avon Creek ...... At the confluence with Catawba Creek .... *701 *703 Approximately 75 feet downstream of *779 *778 U.S. Route 29/74 Oates Creek ...... At the confluence with Tributary R–5 ...... None *708 Approximately 100 feet downstream of None *726 Interstate 85 Maps available for inspection at the City of Gastonia Engineer’s Office, 181 South Street, Gastonia, North Carolina. Send comments to The Honorable Jennifer Stultz, Mayor of the City of Gastonia, P.O. Box 1748, Gastonia,
North Carolina ...... McAdenville South Fork Catawba River Approximately 2,950 feet downstream of None *584 (Town), Gaston Main Street. County. Approximately 1.9 miles upstream of None *611 Highway 85. Maps available for inspection at the McAdenville Town Hall, 125 Main Street, McAdenville, North Carolina. Send comments to The Honorable Jerry Helton, Mayor of the Town of McAdenville, P.O. Box 9, McAdenville, North Carolina 28101.
North Carolina ...... Mount Holly (City), Catawba River ...... Approximately 230 feet upsream of Inter- None *587 Gaston County. state 85. Approximately 1,910 feet upstream of None *591 confluence of dutchmans Creek Fites Creek ...... At confluence with Catawba River ...... None *589 Approximately 2,850 feet upstream of *612 *615 Belton Avenue Dutchmans Creek ...... At confluence with Catawba River ...... *577 *592 Approximately 3,750 feet upstream of *591 *592 Main Street Maps available for inspection at the Mount Holly City Hall, 131 South Main Street, Mount Holly, North Carolina. Send comments to The Honorable Frank McLean, Mayor of the City of Mount Holly, P.O. Box 406, Mount Holly, North Carolina 28120.
Ohio ...... Montezuma (Vil- Grand Lake-St. Marys ...... At intersection of Wyatt Street and Canal None *873 lage), Mercer Street. County.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Montezuma Village Hall, 69 West Main Street, Montezuma, Ohio. Send comments to The Honorable Charlotte Garman, Mayor of the Village of Montezuma, P.O. Box 178, Montezuma, Ohio 45866.
Ohio ...... Niles (City), Meander Creek ...... Approximately 0.6 mile upstream of CSX *861 *862 Trumball County. Transportation. Approximately 50 feet upstream of cor- *861 *862 porate limits. Maps available for inspection at the Niles Building and Zoning Department, 34 West State Street, Niles, Ohio. Send comments to The Honorable Ralph Infante, Mayor of the City of Niles, 34 West State Street, Niles, Ohio 44446.
Pennsylvania ...... Browmanstown Lehigh River ...... Approximately 0.76 mile downstream of None *417 (Borough), Car- State Route 895. bon County. Approximately 0.49 mile upstream of None *432 State Route 895. Fireline Creek ...... At confluence with Lehigh River ...... None *424 Approximately 1,750 feet downstream of None *545 Cherry Hill Road. Maps available for inspection at the Bowmanstown Borough Hall, Mill and Ore Streets, Browmanstown, Pennsylvania. Send comments to Mr. Verdell Steigerwalt, President of the Bowmanstown Borough Council, P.O. Box 127, Bowmanstown, Pennsylvania 18030.
Pennsylvania ...... East Penn (Town- Lehigh River ...... Approximately 1.7 miles downstream of *385 *388 ship), Carbon Palmerton Dam. County. Approximately 5,100 feet upstream of *437 438 State Route 895. Maps available for inspection at the East Penn Township Building, 167 Municipal Road, Lehighton, Pennsylvania. Send comments to Mr. Gordon Scherer, Chairman of the East Penn Township Board of Supervisors, 167 Municipal Road, Lehighton, Penn- sylvania.
Pennsylvania ...... Franklin (Town- Lehigh River...... Approximately 1 mile downstream of *449 *452 ship), Carbon State Route 209. County. Approximately 0.82 mile downstream of *491 *497 Lehigh Valley Railroad. Maps available for inspection at the Franklin Township Hall, 900 Fairyland Road, Lehighton, Pennsylvania. Send comments to Mr. Glen Haydt, Chairman of the Franklin Township Board of Supervisors, 900 Fairyland Road, Lehighton, Pennsylvania 18235.
Pennsylvania ...... Jim Thorpe (Bor- Lehigh River ...... Approximately 0.82 mile downstream of *491 *497 ough), Carbon. Lehigh Valley Railroad. Approximately 2 mile upstream of State None *564 Route 903. Maps available for inspection at the Jim Thorpe Borough Hall, 101 East Tenth Street, Jim Thorpe, Pennsylvania. Send comments to Mr. Mike Sofranko, President of the Borough of Jim Thorpe, 101 East Tenth Street, Jim Thorpe, Pennsylvania 18229.
Pennsylvania ...... Langhorne Manor Chubb Run ...... At Comly Avenue ...... *83 *96 (Borough), Bucks. Approximately 90 feet Approximately 90 *196 *197 feet upstream of Gillam Avenue. Maps available for inspection at the Langhorne Borough Building, 618 Hulmeville, Langhorne Manor, Pennsylvania. Send comments to Ms. Maryann Barnes, Borough of Langhorne Manor, Council President, 618 Hulmeville Road, Langhorne Manor, Pennsyl- vania 19047.
Pennsylvania ...... Lehighton (Bor- Lehigh River ...... Approximately 1,160 feet downstream of *459 *464 ough), Carbon State Route, 209. County. Approximately 1.3 miles Approximately *475 *482 90 feet upstream of State Route 209. Mahoning Creek ...... At the confluence with Lehigh River ...... *459 *464 Approximately 1,600 feet upstream of the *463 *464 confluence with Lehigh River.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Lehighton Borough Hall, 1 Constitution Avenue, Lehighton, Pennsylvania. Send comments to Mr. John Hanosek, Manager of the Borough of Lehighton, P.O. Box 29, Lehighton, Pennsylvania 18235
Pennsylvania ...... Lower Lehigh River ...... Approximately 1.7 miles downstream of *None *388 Towamensign Palmerton Dam. (Township), Car- bon County. Approximately 620 feet downstream of None *443 Pennsylvania Turnpike. Aquashicola Creek ...... At the confluence with Lehigh River ...... None *393 Approximately 2 mile upstream of State None *468 Route 903. Fireline Creek ...... Approximately 1,750 feet downstream of None *545 Cherry Hill Road. Approximately 1.2 miles upstream of None *687 Cherry Hill Road. Maps available for inspection at the Lower Towamensing Township Hall, 595 Hahns Dairy Road, Palmerton, Pennsylvania. Send comments to Mr. Glen Hahn, Chairman of the Lower Towamensing Township Board of Supervisors, 595 Hahns Dairy Road, Palmerton, Pennsylvania 18071.
Pennsylvania ...... Mahoning (Town- Lehigh River...... Approximately 5,100 feet upstream of *437 *438 ship), Carbon State Route 895. County. Mahoning Creek ...... At the confluence with Lehigh River ...... *459 *464 Approximately 500 upstream of con- *463 *464 fluence with Lehigh River. Maps available for inspection at the Mahoning Township Office, 2685 Mahoning Drive East, Lehighton, Pennsylvania. Send comments to Mr. Bruce L. Keiper, Chairman of the Mahoning Township Board of Supervisors, 2685 Mahoning Drive East, Lehighton, Pennsylvania 18235.
Pennsylvania ...... Middletown (Town- Chubb Run ...... At confluence with Neshaminy Creek ...... None *40 ship), Bucks County. Approximately 90 feet upstream of Gillam *196 *197 Avenue. Maps available for inspection at the Middletown Township Zoning and Planning Office, 2140 Trenton Road, Levittown, Pennsylvania. Send comments to Mr. Burke, Middletown Township Manager, 2140 Trenton Road, Levittown, Pennsylvania 18235.
Pennsylvania ...... Nesquehoning Lehigh River ...... Approximately 2 miles upstream of State None *564 (Borough), Car- Route 903. bon County. Nesquehoning Creek ...... At confluence with Lehigh River ...... None *555 Approximately 1,850 feet upstream of of None *1,014 Tonolli Corporate Road. Maps available for inspection at the Nesquehoning Borough Hall, 114 West Catawissa, Nesquehoning, Pennsylvania. Send comments to Mr. Joseph Greco, Secretary of the Borough of Nesquehoning, 114 West Catawissa, Nesquehoning, Pennsylvania 18240.
Pennsylvania ...... Palmerton (Bor- Lehigh River ...... Approximately 5,070 feet downstream of None *395 ough), Carbon Palmerton Dam. County. Approximately 1.37 miles upstream of *418 *417 Palmerton Dam. Aquashicola Creek...... Approximately 1.4 miles upstream of *393 *394 State Route 248. Approximately 1,000 feet downstream of *417 *418 CONRAIL. Maps available for inspection at the Palmerton Borough Hall, 443 Delaware Avenue, Palmerton, Pennsylvania. Send comments to Mr. John Vignone, Council President of the Borough of Palmerton, 443 Delaware Avenue, Palmerton, Pennsylvania 18071.
Pennsylvania ...... Parryville (Bor- Lehigh River ...... Approximately 850 feet downstream of *439 *443 ough), Carbon Pennsylvania Turnpike. County. Approximately 1 mile downstream of *449 *452 State Route 209. Pohopoco Creek ...... At confluence with Lehigh River ...... *439 *443 Approximately 1,175 feet upstream of *442 *443 confluence with Lehigh River.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the Parryville Borough Hall, 967 Cherryhill Road, Parryville, Pennsylvania. Send comments to Ms. Bernice Bashore, Council President of the Borough of Parryville, P.O. Box 263, Parryville, Pennsylvania 18244.
Pennsylvania ...... Penndel (Borough), Chubb Run...... Approximately 0.70 feet upstream of None *62 Bucks County. Hulmeville Road. Just downstream of CONRAIL ...... None* 80 Maps available for inspection at the Penndel Borough Office, 300 Bellevue Avenue, Penndel, Pennsylvania. Send comments to Ms. Arlene Harms, Borough of Penndel Council President, 300 Bellevue Avenue, Penndel, Pennsylvania 19047.
Pennsylvania ...... Weissport (Bor- Lehigh River ...... Approximately 0.52 mile downstream of *457 *460 ough), Carbon State Route 209. County. Approximately 700 feet upstream Central *472 *475 Railroad. Maps available for inspection at the Weissport Borough Hall, 440 Allen Street, Weissport, Pennsylvania. Send comments to Mr. Carl Wolfe, Jr., Borough of Weissport Zoning Officer, P.O. Box 339, Lehighton, Pennsylvania 18235.
Tennessee ...... Chattanooga (City), North Chickamauga Creek At confluence with the Tennessee River .. *661 *660 Hamilton County. Approximately 200 feet downstream of *684 *682 Thrasher Pike. Tennessee River ...... Approximately 1,625 feet downstream of *651 *650 Shoal Creek. Just downstream of Chickamauga Dam .. *661 *660 Mountain Creek ...... At the confluence with the Tennessee *653 *652 River. Approximately 1,109 feet upstream of the *653 *652 Norfolk Southern Railway. Lookout Creek ...... At the confluence with Tennessee River .. *655 *654 Approximately 160 feet upstream of the *655 *654 confluence of Black Creek. Black Creek ...... At the confluence with Lookout Creek ..... *655 *654 At downstream side of Norfolk Southern *655 *654 Railway (first crossing). Shallow Flooding Areas.... In the vicinity of the Tennessee River, *657 *656 south of Cherokee Boulevard. Stringers Branch ...... At the confluence with Mountain Creek ... *653 *652 At Signal Mountain Boulevard ...... *653 *652 Chattanooga Creek ...... Approximately 850 feet downstream of *656 *655 Market Street. At downstream side of Norfolk Southern *656 *655 Railway. Maps available for inspection at the City of Chattanooga City Hall Annex, 101 East 11th Street, Room 44, Chattanooga, Tennessee. Send comments to The Honorable Bob Corker, Mayor of the City of Chattanooga, City Hall, East 11th Street, Room 100, Chattanooga, Ten- nessee 37402.
Tennessee ...... Collegedale (City), Wolftever Creek Tributary At the confluence with Wolftever Creek ... *762 *761 Hamilton County. Approximately 950 feet upstream of Bill None *790 Reed Road. Wolftever Creek...... At the confluence of Wolftever Creek *762 *761 Tributary. Approximately 400 feet upstream of *767 *766 Ringgold-Ooltawah Road. Maps available for inspection at the City of Collegedale Public Safety Director’s Office, 4910 Swinyar Drive, Collegedale, Tennessee. Send comments to Mr. Bill Magoon, Collegedale City Manager, P.O. Box 1880, Collegedale, Tennessee 37315.
Tennessee ...... East Ridge (City), Spring Creek ...... At Interstate 75 ...... *678 *679 Hamilton County. At Spring Creek Road ...... *678 *679 South Chickamauga Creek Approximately 800 feet downstream of *677 *678 Louisville and Nashville Railroad. At upstream state boundary ...... *691 *689 Maps available for inspection at the Building Department, 1517 Tombras Avenue, East Ridge, Tennessee. Send comments to The Honorable Fred Pruett, Mayor of the City of East Ridge, 1517 Tombras Avenue, East Ridge, Tennessee 37412.
Tennessee ...... Hamilton County Rogers Branch ...... At confluence with Wolftever Creek ...... *688 *687 (Unincorporated Areas).
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
At Access/Mountain View Road ...... None *748 Rogers Branch Tributary .. At confluence with Rogers Branch ...... None *719 Approximately 550 feet upstream of Inter- None *742 state 75. Wolftever Creek ...... At the confluence with Wolftever Creek ... *762 *761 Approximately 2,000 feet upstream of Bill None *795 Reed Road. Wolftever Creek Tributary At the confluence of Wolftever Creek *762 *761 Tributary. Approximately 350 feet upstream of con- *762 *761 fluence of Wolftever Creek Tributary. Little Soddy Creek ...... At the City of Soddy-Daisy corporate lim- None *820 its. Approximately 120 feet upstream of the None *823 City of Soddy-Daisy corporate limits. Lookout Creek ...... Approximately 135 feet downstream of *655 *654 the Norfolk Southern Railway. Approximately 525 feet upstream of *655 *654 Cummings Highway. Tennessee River ...... At the county boundary ...... *649 *646 At the confluence of Shoal Creek ...... *652 *650 Fruedenberg Creek ...... Approximately 250 feet upstream of con- None *1,670 fluence of Middle Creek. Approximately 0.9 mile upstream of con- None *1,777 fluence of Middle Creek. Lick Branch...... At confluence with North Chickamauga *671 *670 Creek. Approximately 50 feet downstream of None *676 Thrasher Pike. Lick Branch Tributary 1 .... At confluence with Lick Branch ...... *671 *670 Approximately 100 feet downstream of None *683 Thrasher Pike. Lick Branch Tributary 2 .... At confluence with Lick Branch ...... *671 *670 Approximately 50 feet downstream of None *675 Thrasher Pike. Lick Branch Tributary 3 .... At confluence with Lick Branch ...... *671 *670 Approximately 50 feet downstream of None *680 Thrasher Pike. Middle Creek ...... Approximately 1,100 feet downstream of *670 *669 Edwards Point Road. Approximately 50 feet downstream of *754 *753 Timesville Road. North Chickamauga Creek At the upstream side of Lower Mill Road *670 *669 Approximately 1 mile upstream of Dayton *754 *753 Pike. Possum Creek ...... At Lee Pike ...... *688 *862 Approximately 1.4 miles upstream of *861 *687 Black Valley Road. Sale Creek...... At the confluence with the Tennessee *687 *688 River. Approximately 1,580 feet upstream of the *687 *688 confluence with the Tennessee River. Maps available for inspection at the Regional Planning Agency, County Courthouse, Room 208, Chattanooga, Tennessee. Send comments to Mr. Claude Ramsey, Hamilton County Executive, County Courthouse, Room 208, Chattanooga, Tennessee 37402.
Tennessee ...... Red Bank (City), Stringers Branch...... Approximately 400 feet downstream of *653 *652 Hamilton County. Signal Mountain Boulevard. At Barker Road ...... None *785 Maps available for inspection at the Red Bank City Hall, 3117 Dayton Boulevard, Red Bank, Tennessee. Send comments to The Honorable Ronnie Moore, Mayor of the City of Red Bank, 3117 Dayton Boulevard, P.O. Box 15069, Red Bank, Ten- nessee 37415.
Tennessee ...... Selmer (City), Cypress Creek ...... Approximately 1,700 feet downstream of None *433 McNairy County. South Fourth Street. Approximately 1,855 feet upstream of None *444 Purdy Road. Crooked Creek ...... At the confluence with Cypress Creek ..... None *439 Approximately 0.5 mile upstream of None *459 Highschool Road.
VerDate 11
#Depth in feet above ground. Elevation in feet State City/town/county Source of flooding Location (*NGVD) (◆NAVD) Existing Modified
Maps available for inspection at the City Hall, 144 North Second Street, Selmer, Tennessee. Send comments to The Honorable Jimmy Whittington, Mayor of the City of Selmer, 144 North Second Street, Selmer, Tennessee 38375.
Tennessee ...... Signal Mountain Middle Creek ...... At Edwards Point Road ...... None *1,641 (Town), Hamilton County. Approximately 850 feet upstream of Mid- None *1,675 dle Creek Road. Fruedenberg Creek ...... At confluence with Middle Creek ...... None *1,667 Approximately 0.9 mile upstream of con- None *1,774 fluence with Middle Creek. Maps available for inspection at the Building Inspector’s office, 1111 Ridgeway Avenue, Signal Mountain, Tennessee. Send comments to The Honorable James Althaus, Mayor of the Town of Signal Mountain, 1111 Ridgeway Avenue, Signal Mountain, Ten- nessee 37377.
Tennessee ...... Soddy-Daisy (City), North Chickamauga Creek Approximately 200 feet downstream of *684 *682 Hamilton County. Thrasher Pike. Approximately 1 mile upstream of Dayton *754 *753 Pike. Poe Branch ...... Approximately 2,500 feet downstream of *685 *684 Harrison Lane. Approximately 1,325 feet upstream of None *741 Card Road. Soddy Creek...... Approximately 50 feet upstream of the *755 *748 Norfolk Southern Railway. Approximately 740 feet upstream of the None *758 Norfolk Southern Railway. Maps available for inspection at the City Hall Office, 9835 Dayton Pike, Soddy-Daisy, Tennessee. Send comments to The Honorable Bob Privett, Mayor of the City of Soddy-Daisy, 9835 Dayton Pike, Soddy-Daisy, Tennessee 37379.
Vermont ...... Woodstock (Town Ottauquechee River ...... Approximately 550 feet upstream of U.S. *696 *697 and Village), Route 4. Windsor County. At the upstream corporate limits ...... *816 *812 Maps available for inspection at the Town Hall, 31 The Green, Woodstock, Vermont. Send comments to Mr. John Doten, Chairman of the Board of Selectmen, Town Hall, P.O. Box 488, Woodstock, Vermont 05091.
(Catalog of Federal Domestic Assistance No. ACTION: Proposed rule. Crawford, 4553 Bordeaux Ave., Dallas, 83.100, ‘‘Flood Insurance.’’) Texas 75205 (Petitioner for Rison, Robert F. Shea, SUMMARY: This document proposes Arkansas; Oscoda and Highland, Acting Administrator, Federal Insurance and seven new FM allotments to Arnett, Michigan). Mitigation Administration. Oklahoma; Sayre, Oklahoma; Hebbronville, Texas; Bruni, Texas; SUPPLEMENTARY INFORMATION: This is a [FR Doc. 01–24348 Filed 9–27–01; 8:45 am] synopsis of the Commission’s Notice of BILLING CODE 6718–04–P Rison, Arkansas; Oscoda, Michigan; and Highland, Michigan. The proposed Proposed Rule Making, MM Docket No. allotments are in response to petitions 01–236; MM Docket No. 01–237; and filed. See SUPPLEMENTARY INFORMATION, MM Docket No. 01–238, MM Docket No. FEDERAL COMMUNICATIONS for more detailed information on the 01–239; MM Docket No. 01–240; MM COMMISSION proposed allotments. Docket No. 01–241; and MM Docket No. 01–242, adopted September 5, 2001, and DATES: 47 CFR Part 73 Comments must be filed on or released September 14, 2001. The full before November 5, 2001, and reply text of this Commission decision is [DA 01–2146; MM Docket No. 01–236, RM– comments on or before November 20, 10242 ; MM Docket No. 01–01–137, RM– available for inspection and copying 10243; MM Docket No. 01–238, RM–10244; 2001. during normal business hours in the MM Docket No. 01–239, RM–10245; MM ADDRESSES: Federal Communications FCC Reference Information Center Docket 01–240, RM–10246; MM Docket No. Commission, Washington, DC 20554. In (Room CY–A257), 445 12th Street, SW., 01–241; RM–10247; MM Docket No. 01–242; addition to filing comments with the Washington, DC. The complete text of RM–10248] FCC, interested parties should serve the this decision may also be purchased Radio Broadcasting Services; Arnett, petitioner, his counsel, or consultant, as from the Commission’s copy contractor, OK; Sayre, OK, Hebbronville, TX; follows: Katherine Pyeatt, 6655 Aintree Qualex International, Portals II, 445 Bruni, TX; Rison, AK; Oscoda, MI; and Circle, Dallas Texas, (Petitioner for 12th Street, SW, Room CY–B402, Highland, MI Arnett, Oklahoma); Jeraldine Anderson, Washington DC 20554. 1702 Cypress Drive, Irving, Texas 75061 The Commission requests comments AGENCY: Federal Communications (Petitioner for Sayre, Oklahoma; on a petition filed by Katherine Pyeatt Commission. Hebbronville and Bruni, Texas); Charles proposing the allotment of Channel
VerDate 11
285C2 at Arnett, Oklahoma, as the proposing the allotment of Channel Commission proposes to amend 47 CFR community’s first local aural 255A at Rison, Arkansas, as the part 73 as follows: transmission service. Channel 285C2 community’s first local aural can be allotted to Arnett in compliance transmission service. Channel 255A can PART 73—RADIO BROADCAST with the Commission’s minimum be allotted to Rison in compliance with SERVICES distance separation requirements with a the Commission’s minimum distance 1. The authority citation for part 73 site restriction of 24 kilometers (14.9 separation requirements with a site continues to read as follows: miles) southwest. The coordinates for restriction of 2.2 kilomters (1.4 miles) Channel 285C2 are 35–00–10 North southwest to avoid a short-spacing to Authority: 47 U.S.C. 154, 303, 334 and 336. Latitude and 99–59–06 West Longitude. the licensed site of Station KZYP)(FM), § 73.202 [Amended] The Commission requests comments Channel 257A, Pine Bluff, Arkansas. on a petition filed by Jeraldine The coordinates for Channel 255A at 2. Section 73.202(b), the Table of FM Anderson proposing the allotment of Rison are 33–56–30 North Latitude and Allotments under Arkansas, is amended Channel 269C2 at Sayre, Oklahoma, as 92–12–13 West Longitude. by adding Rison, Channel 255A. the community’s first local aural The Commission requests comments 3. Section 73.202(b), the Table of FM transmission service. Channel 269C2 on a petition filed by Charles Crawford Allotments under Michigan, is amended can be allotted to Sayre in compliance proposing the allotment of Channel by adding Highland, Channel 236A; and with the Commission’s minimum 243A at Oscoda, Michigan as the by adding Channel 243A at Oscoda. distance separation requirements at city community’s third local FM 4. Section 73.202(b), the Table of FM reference coordinates. The coordinates transmission service. Channel 243A can Allotments under Oklahoma, is for Channel 269C2 at Sayre are 35–17– be allotted to Oscoda in compliance amended by adding Arnett, Channel 28 North Latitude and 99–38–23 West with the Commission’s minimum 285C2; and by adding Sayre, Channel Longitude. distance separation requirements 269C2. The Commission requests comments without the imposition of a site 5. Section 73.202(b), the Table of FM on a petition filed by Jeraldine restriction. The coordinates for Channel Allotments under Texas, is amended by Anderson proposing the allotment of 243A at Oscoda are 44–25–48 North adding Bruni, Channel 293A; and by Channel 254A at Hebbronville, Texas, as Latitude and 83–19–36 West Longitude. adding Channel 254A at Hebbronville. the community’s second local FM Since Oscoda is located within 320 Federal Communications Commission. transmission service. Channel 254A can kilometers (199 miles) of the U.S.- John A. Karousos, be allotted to Hebbronville in Canadian, concurrence of the Canadian Chief, Allocations Branch, Policy and Rules compliance with the Commission’s government has been requested. Division, Mass Media Bureau. minimum distance separation The Commission requests comments [FR Doc. 01–24136 Filed 9–27–01; 8:45 am] requirements with a site restriction of on a petition filed by Charles Crawford BILLING CODE 6712–01–P 10.6 kilomters (6.6 miles) west to avoid proposing the allotment of Channel a short-spacing to the licensed site of 236A at Highland, Michigan, as the Station KGBT–FM, Channel 253C, community’s first local aural DEPARTMENT OF TRANSPORTATION McAllen, Texas. The coordinates for transmission service. Channel 236A can Channel 254A at Hebbronville are 27– be allotted to Highland in compliance National Highway Traffic Safety 20–15 North Latitude and 98–46–45 with the Commission’s minimum Administration West Longitude. Since Hebbronville is distance separation requirements located within 320 kilometers (199 without the imposition of a site 49 CFR Part 571 miles) of the U.S.-Mexican border, restriction. The coordinates for Channel concurrence of the Mexican government 236A at Highland are 44–15–47 North [Docket No. 01–8885; Notice 01] has been requested. Latitude and 85–20–27 West Longitude. RIN 2127–AH81 The Commission requests comments Since Highland is located within 320 on a petition filed by Jeraldine kilometers (199 miles) of the U.S.- Glare From Headlamps and Other Anderson proposing the allotment of Canadian, concurrence of the Canadian Front Mounted Lamps Federal Motor Channel 293A at Bruni, Texas, as the government has been requested. Vehicle Safety Standard No. 108; community’s first local aural Provisions of the Regulatory Lamps, Reflective Devices, and transmission service. Channel 293A can Flexibility Act of 1980 do not apply to Associated Equipment be allotted to 6.8 kilometers (4.2 miles) this proceeding. north in compliance with the Members of the public should note AGENCY: National Highway Traffic Commission’s minimum distance that from the time a Notice of Proposed Safety Administration (NHTSA), separation requirements to avoid a Rule Making is issued until the matter Department of Transportation. short-spacing to the licensed site of is no longer subject to Commission ACTION: Request for comments. Station KPSO–FM, Channel 292A, consideration or court review, all ex Falfurria, Texas, the construction permit parte contacts are prohibited in SUMMARY: The agency is currently site of Station KTKY(FM), Channel Commission proceedings, such as this examining the issues related to glare 293C2, Taft, Texas, and the allotment one, which involve channel allotments. produced by lamps mounted on the site for Channel 294A at El Lobo, Texas. See 47 CFR 1.1204(b) for rules fronts of vehicles. Typically, these are The coordinates for Channel 293A at governing permissible ex parte contacts. lower and upper beam headlamps, fog Bruni are 27–29–12 North Latitude and For information regarding proper lamps, driving lamps, auxiliary lower 98–51–00 West Longitude. Since Bruni filing procedures for comments, see 47 beam headlamps and daytime running is located within 320 kilometers (199 CFR 1.415 and 1.420. lamps. All except the latter, are used miles) of the U.S.-Mexican border, almost exclusively at night. Glare concurrence of the Mexican government List of Subjects in 47 CFR Part 73 associated with daytime running lamps has been requested. Radio broadcasting. is the subject of an ongoing rulemaking The Commission requests comments For the reasons discussed in the intended to reduce their intensity (see on a petition filed by Charles Crawford preamble, the Federal Communications 63 FR 42348, Docket NHTSA–98–4124
VerDate 11
Notice 1.) This notice does not address but not required, that two copies of the technologies have been implemented on daytime running lamps; it does address comments be provided. The Docket motor vehicles. For example, there were headlamps and other front-of-vehicle Section is open on weekdays from 10 many variants of glare reducing devices, roadway illumination lamps that are a.m. to 5 p.m. Comments may be before lower and upper beams became used primarily at night. submitted electronically by logging onto the norm, that were achieved by a We have received almost two hundred the Dockets Management System mechanical metal shield that was complaints from consumers on this website at http://dms.dot.gov. Click on rotated into place in front of the bulb subject in the last two years. The three ‘‘Help’’ to obtain instructions for filing within the headlamp, typically by using most common complaints we have the document electronically. a driver actuated cable. The effect was received recently were on the glare FOR FURTHER INFORMATION CONTACT: For to reduce the emitted light, either direct created by the higher-mounted technical issues, please contact Mr. or reflected, leaving only light directed headlamps, glare from high intensity Chris Flanigan, Office of Safety away from oncoming drivers. Another discharge headlamps (HIDs), and glare Performance Standards, NHTSA, 400 example from about 1929, was General from ‘‘extra’’ headlamps. While we have Seventh Street, SW, Washington, DC Electric’s Tung-Sol Blue-WiteTM received complaints about upper beams, 20590. Mr. Flanigan’s telephone number headlamp bulb. It was advertised as too, this paper addresses only those is (202) 366–4918 and his facsimile providing whiter light for safer road lamps mentioned above that drivers use number is (202) 366–4329. For legal illumination and added comfort, with in the presence of other drivers. issues please contact Mr. Taylor Vinson, courtesy extended to others. The pale Regardless, the subject of glare, whether Office of Chief Counsel, at the same blue color of the glass, reduced the red from lower beams, upper beams, address. Mr. Vinson’s telephone number content of the light emitted. daytime running lamps or any other is (202) 366–2992. Many formal research reports, similar lamp, is important to NHTSA. SUPPLEMENTARY INFORMATION: The first of the complaints is about technical papers and meeting minutes of high mounted headlamps found on Table of Contents the World’s motor vehicle lighting sport utility vehicles (SUVs), pickup experts have been generated over the 1 Background last nine decades to discuss and tune trucks, and vans, collectively known as 2 Specific Issues LTVs. Mounted high enough to place 2.1 Glare from High Mounted Headlamps the delicate balance between glare and the more intense part of their low beam 2.2 Glare from High Intensity Discharge vision at night from motor vehicle into passenger car inside and outside Headlamps headlamps. These resulted in fairly mirrors and to light up the interiors, 2.3 Glare from HID Look-alike Bulbs and consistent decisions among the high mounted headlamps are viewed by Other Colored Headlamp Bulbs headlamp researchers and designers many drivers as dangerous and 2.4 Glare from Fog Lamps, Driving around the world. The resultant beam Lamps, and Auxiliary Low Beam intimidating, in addition to being pattern specifications, with some subtle Headlamps variations to accommodate specific annoying and disabling. The second set 2.5 Voltage to Headlamp is about HID headlamps initially found 3 Discussions roadway and driving conditions in on higher priced passenger cars, and 3.1 Discussion of Headlamp Performance different countries, have been recently on LTVs and moderately priced in General incorporated in the lighting regulations passenger cars. Their robust 3.2 Headlamp Mounting Height Issues of many countries for many decades. illumination performance and whiter, 3.3 Discussion of HID Issues The headlamps available in the first almost blue, color make them easily 3.4 Discussion of Glare from HID Look- third of the Twentieth Century were not identifiable as a new source of glare. alike Bulbs and Other Colored Headlamp Bulbs nearly as reliable and as resistant to The third set is about extra headlamps, 3.5 Discussion of Glare from Fog Lamps, environmental degradation as that are those auxiliary lamps fitted to Driving Lamps, and Auxiliary Low Beam headlamps today. Consequently, the motor vehicles that are typically called Headlamps replacement of headlamps parts was a fog, driving and auxiliary headlamps. 3.6 Discussion of Voltage to Headlamp persistent safety maintenance and Potential misuse by drivers and inspection issue that concerned the characteristics of these popular original 1 Background states. This occurred because of the equipment and aftermarket lamps may At the turn of the Twentieth Century, proliferation of hard to find replacement be creating a glare problem. All three of with the automobile industry still in its lenses, replacement reflectors and these form a common thread throughout infancy, some vehicles began to be replacement bulbs. These were often not the letters written to NHTSA about equipped with kerosene lamps for use available at local service stations. Thus, nighttime glare. Many of these letters as night time road illumination. Within in the U.S., the states agreed circa 1937 may be found in Docket Number: ten years, vehicle manufacturers began to adopt and standardize sealed beam NHTSA–1998–4820. to use electric headlamps on vehicles. In headlamps technology, establishing This document discusses these and 1914, members of the Society of interchangeability as specified in SAE other issues, some potential solutions Automotive Engineers (SAE) who were standards as a top safety priority. In and asks some questions that we hope involved in the design and specification 1968, in response to Congressional will help us find some practical and of motor vehicle lighting began to initiatives, Federal Motor Vehicle Safety effective solutions for the American express their first concerns about the Standard No. 108, ‘‘Lamps, reflective public. glare produced by these headlamps. devices, and associated equipment,’’ DATES: Comments must be received on Since that time, SAE members, who (FMVSS No. 108) set, on a national or before November 27, 2001. were primarily lighting and optical basis, the minimum and maximum ADDRESSES: Comments must refer to the engineers, and human factors scientists luminous intensities for headlamps, docket and notice numbers cited at the have sought various ways to reduce headlamp mounting heights, and beginning of this notice and be glare for other drivers and, at the same standardization of headlamps. This submitted to: Docket Management, time, improve the roadway illumination standard essentially adopted the Room PL–401, 400 Seventh Street SW, for drivers. Over the years, hundreds of existing performance levels in industry Washington, DC 20590. It is requested, variations of headlamps and unique consensus standards by the SAE. That
VerDate 11
performance, as evolved since the source and the observer, the duration of occasion, must be done virtually beginning of motor vehicle lighting, is observation, the age of the observer, and instantaneously, and mostly without still intended today to ensure that a many other factors. Controlling the conscious thought. balance between glare and necessary intensity of the light source is one Another step that the agency took was illumination is maintained. variable among many dozens that affect to address the issue of headlamp The balance the agency has the glare for drivers. Controlling the misaim. Studies of headlamp aim have maintained between visibility for the location of the light source, relative to shown that as vehicles age, the amount vehicle operator while minimizing glare the observer’s line of sight, whether of misaim increases. Misaim will cause for other operators has changed very direct view or indirect view (e.g. from glare; it will also cause loss of seeing little since its Federal codification. In mirrors) is another way. As an example distance. Thus, in March of 1997, the 1968, however, light trucks represented of controlling the intensity, the use of agency implemented a final rule based only 10 percent of light vehicle sales day-night mirrors has been available for on a negotiated rulemaking intended to and the most advanced technology used decades. As an example of changing the reduce the number of vehicles with then for lighting was incandescent position, most formal driver’s training misaimed headlamps. The rule reflects filament type sealed beam lamps. teaches drivers to avert their eyes away the consensus of the negotiated The allowable range of total from oncoming vehicles’ headlamps and rulemaking concerning the illumination performance in Federal look toward the road shoulder on their improvement of headlamp aimability standards is fairly wide. There are side. The effect of this is to increase the performance and visual/optical points in the beam that require angle between the observers’ line of headlamp aiming. This committee was minimum levels of intensity, maximum sight and the glare source, reducing composed of representatives of federal levels and some that have both glare and make it less annoying and/or and state governments, world-wide minimums and maximums. Between disabling. motor vehicle industry, industry those points, there are no requirements. In the past, the agency has taken a consensus standards bodies and The NHTSA conclusion has been that number of steps to address headlamp consumer interest groups. the nature of headlamp optics tend to glare. In the 1970’s, NHTSA began The new rule established improved make additional test points not research in response to consumer headlamp aiming features that will necessary. suggestions that vehicles should have a provide more reliable and accurate Also, the range of headlamp mounting lower intensity third beam for driving in aiming, and help vehicle operators to height has been relatively consistent for well-lit areas. A contractor was asked to more easily determine the need for decades. In adopting the industry determine whether such a three-beam correcting aim. As the number of consensus standard, NHTSA, set the head lighting system was feasible. This vehicles on the road with these features initial mounting height requirements to system would give the option of using increases, the number of vehicles with be within the range of 24 to 54 inches an urban beam, a suburban beam, or an misaimed headlamps should decrease. measured to the center of the headlamp. open highway beam. The results of this This should help to moderate some of Today, NHTSA’s requirements set a research, however, were discouraging, the aim-related glare problems. mounting height range from 22 to 54 for the reasons discussed below. While this action results from inches. The range exists to With three beams, choosing the NHTSA’s authority to regulate new accommodate the wide variations in correct beam quickly would be at least motor vehicles sold to the public, vehicle size and ground clearance as important as choosing between just NHTSA does not regulate motor needed for vehicles’ intended purpose, the lower and upper, today. A wrong vehicles in use. The states have that while addressing the need for safety. choice because of indecision or because responsibility. Thus, it is the states that Heavy duty trucks and LTVs, which of a poorly thought-out switching have the authority to regulate the safe may use larger tires, usually have scheme would cause risk of a crash from condition and operation of motor headlamps mounted higher than either disabling glare or from vehicles in use. Headlamp aim and passenger cars. This is because the body insufficient illumination. Ideally, condition inspection is an area that is is higher, so the lamps are higher, too. approaching drivers should deselect the addressed by many states. However, Typically, glare complaints of years past upper beam and choose one of the lesser many states do not have periodic motor were about heavy trucks. More recently, beams. Choosing the suburban beam vehicle inspection, and even those that such complaints are rare to non- might still achieve disabling glare, do, do not always inspect headlamps. existent. We believe that it is likely that especially if the opposing driver had Complaints about headlamp glare also the public has transferred its glare chosen the urban beam intended for accompanied the introduction of concerns to vehicles that represent a lower speed, higher density traffic. One halogen technology in headlamps that larger portion to the total vehicle of the problems was the difficulty of began in 1979. The public wrote about population. Many of the recent glare devising a switching scheme that would the blinding white lights in letters to the complaints are about LTV headlamps. assure that the driver would be able to press and to NHTSA. As introduced, the The nature and response to glare is easily select the desired, and hopefully halogen lamps, generally, were not interesting. Whether from headlamps or correctly chosen, beam. With a three intended to be more intense than non- lamps in your home, there is a beam system, the selection of the halogen headlamps; their only distinction between glare that is particular beam desired, becomes not distinguishing characteristic was that disturbing and glare which is disabling. one of just selecting ‘‘the other,’’ but of they were whiter in color than other Essentially, as the intensity of a light selecting the better of the two remaining headlamps in use. This occurred source increases, the impression of the choices, and switching to it correctly because the vehicle manufacturers were light seen by observers can range from and quickly. Then, and today, the lower interested in using less energy, while barely noticeable to disturbing, and or upper beam is selected by a simple achieving acceptable performance. The eventually disabling. The particular alternating switching method. A switch halogen lamps used about two-thirds of response of an individual to any glare or stalk is pushed or pulled once, and the energy of that of a non-halogen source varies based on its luminance, the other beam is selected. There is little headlamp. Gradually, vehicle the intensity of ambient lighting, the likelihood for error, either in choosing manufacturers chose to provide more distance and angle between the light or selecting. It is a decision that on performance oriented halogen
VerDate 11
headlamps. Many halogen headlamps the amount of warning a driver has of and consensus standards. However, this were made with better than average particular risks, and that, in at least limit is so high as to leave the maximum performance within the bounds of the some cases, less reaction time will result mounting height essentially unregulated federal safety standards on headlighting in more crashes. Accordingly, NHTSA for most light vehicles. While that intensity. The complaints about halogen believes increased glare is something choice may have been acceptable when headlamps ceased fairly quickly, the American people are experiencing, nearly all light vehicles were cars (so however. This may have been because and that this glare raises important the range of actual mounting heights of their widespread use and subsequent safety concerns that need to be was within a relatively narrow margin), lack of distinguishing characteristics. By addressed thoughtfully and effectively. it may not be as appropriate as the light about 1985, the majority of new vehicles vehicle fleet becomes more evenly were halogen equipped. 2 Specific Issues divided between cars and LTVs. Now, with the introduction of another 2.1 Glare from High Mounted An independent organization, the new technology for headlamp light Headlamps SAE, is also looking at glare from sources, HID and ‘‘look-alike’’ halogen higher-mounted headlamps. The SAE’s bulbs, combined with the increased Because LTVs, in general, are taller Lighting Committee is the source for popularity of LTVs, and the upswing in than passenger cars, their headlamps are many automotive lighting standards in auxiliary lamp use, citizens have begun generally mounted higher than those of the United States (including many to complain about headlamp glare again. passenger cars. This often occurs for already incorporated in the Federal The agency has received hundreds of styling or functionality purposes, the lighting standard) whether they are used letters regarding glare from the new latter related to load carrying capacity voluntarily by manufacturers or ‘‘blue’’ headlamps on luxury cars, and and potential off-road use. Whenever a referenced in state or Federal laws. The about the glare from the ever increasing headlamp is higher than an observer’s SAE Lighting Committee’s Headlamp number of LTVs. Also, over the last eyes, or higher than the height of a Mounting Height Task Force examined three years, the number of glare mirror, the more intense portions of the the issue of truck headlamp mounting complaints about fog and other auxiliary lower beam, those portions aimed height and its relationship to glare in front-mounted lamps has increased straight to downward, can cause much 1996 and published a report on that substantially. This may be because of greater glare than the portions of the effort (SAE J2328 OCT96). This report the significantly increased OEM beam aimed upward. This height concluded that headlamp mounting installation of optional fog lamps and differential creates a problem for height for trucks should be lowered, but the similar increased aftermarket operators of lower vehicles, when the the task force could not achieve a installations by the public on vehicles more intense areas of the taller vehicle’s consensus for a new lower maximum in use. This is accompanied by frequent headlamps, shine directly into the eyes mounting height. The task force misuse of these lamps: using fog lamps of oncoming drivers or into the mirrors discussed 900 mm and 1000 mm during conditions other than permitted of preceding vehicles. The oncoming maximum mounting heights (as by most states’ laws. They are reported drivers experience transient glare compared to the current 1370 mm to be most often used at night in clear because of the rate of closure speed, the maximum), but got no definitive weather, and not under conditions of quickly widening angle from the majority for either alternate maximum reduced visibility. observer to the glare source, and the limit. A minority opinion was that One critical issue regarding glare is transient nature of hills and curves. factors other than headlamp mounting whether it increases the risk of being in Preceding drivers, however, can height should also be studied, including a crash. Given this renewed response to experience long term reflected glare and beam distribution, headlamp output, glare, complaints do not mention crash high interior brightness adaptation. rearview mirror reflectivity, and involvement, yet concern about that They are more likely to have greater different glare limits. The 1996 report issue is expressed. While it is easy to discomfort and disability, and thus, did forewarn that as headlamps say that there are few, if any, crashes higher risk of a crash. incorporating new technology are that are documented to have been Consequently, the agency is interested implemented to improve seeing, there is directly caused by nighttime glare from in examining the issue of headlamp the distinct possibility of increasing other vehicles, it may not be totally mounting height on LTVs that have a glare to others if headlamp mounting representative of the relationship gross vehicle weight rating of 10,000 height is not lowered on trucks. The between glare and crashes. pounds or less, for their ability to report concluded that the transportation The drivers’ dependence upon produce glare, and for what potential industry and standards associations artificial lighting and the lesser field of solutions can be implemented to reduce should consider significantly reducing view at night are factors that contribute the glare and its consequences. the mounting height of headlamps on to this greater safety risk. In these In model year 2000, LTVs achieved light trucks and MPVs. circumstances, glare, whether at the about 50 percent of new vehicle sales, The Headlamp Mounting Height Task levels that are annoying or disabling, adding about eight million of them Force then reconvened to further increases the stress for drivers. every year to the 170 million vehicle examine the issue of mounting height of Increasing stress for drivers in a more national fleet. With this steady increase, light truck headlamps and glare. At the dangerous nighttime environment has the average headlamp mounting height Fall 1999 SAE Lighting Committee adverse safety consequences, even if is increasing. This results in more and meetings in Cleveland, Ohio, the those consequences can not be precisely more glare events being experienced by Chairman of the Headlamp Mounting quantified. Many remedies for glare drivers. Height Task Force commented on data work by reducing the driver’s vision of The most obvious way to address the that showed a substantial increase in the driving environment; for example, issue of high-mounted headlamps is to side mirror luminance, or glare, as the switching mirrors to the nighttime reduce the permissible mounting height. mounting height of the following driving position or averting one’s eyes As noted previously, the current vehicle’s headlamps increased. The data to the right shoulder instead of the maximum mounting height for show that historically the driving public middle of the road. It is reasonable to headlamps is 54 inches. This limit was has been exposed to between three and assume that reducing vision will lessen adopted in 1968 from existing state laws six lux in the side mirror with sealed
VerDate 11
beam headlamps and early replaceable- There are other approaches to the concurrent advantage of enhancing bulb types using transverse bulb addressing the problem of glare from visibility during the day, when veiling filaments. With the advent of axially- high-mounted light truck headlamps, glare may occur as light reflects from the oriented bulbs in newer replaceable- although none so intuitively appealing inside of the windshield onto the bulb headlamps, the side mirrors are as the above. One approach is to make instrument panel. Again, these costs now illuminated to more than 50 lux a special beam pattern for headlamps to would be borne by the glare burdened when the headlamps are 12 inches be mounted above a certain height. This driver, and help only with glare from higher than the mirror, a not uncommon is an alternative that the SAE task force following vehicles. difference between car mirrors and LTV continues to consider. It is certainly A third indirect approach, would be headlamps. During this same meeting, possible to develop a beam pattern that to reduce light transmitted through side other measures to limit glare from high- would reduce the glare from current and rear windows on cars. Cars are mounted headlamps were also levels. It would appear to be a currently required to have at least 70 discussed, such as using special challenge, however, to develop a pattern percent light transmittance through all automatic-dimming mirrors and altering that reduced glare at higher mounting windows. Reducing the light headlamp beam patterns. The data heights while still providing acceptable transmission through the glazing would discussed are not available; however, light for illuminating the roadway. reduce glare, but vehicles that have that task force is preparing a document Another approach would be to adjust reduced light transmission also have that is intended to be published by the the aim of light truck headlamps down, outside mirrors, usually larger ones, that SAE sometime later this year. thereby decreasing the distance in front will reflect glare quite handily. However, reducing visibility through Lowering the headlamp height is of such a headlamp where it could side and rear windows would also likely to be a very effective solution to cause glare for other drivers. Again, reduce the ability of drivers to see the glare problem associated with higher however, NHTSA would need to be through those windows when it is mounted headlamps. One reason that assured that this aim adjustment would important to safety to see clearly and might be brought forward to NHTSA by still result in acceptable roadway well. Tinted glazing can also reduce the commenters for not pursuing this direct illumination for the LTV driver. A significant advantage of these effectiveness of mandated safety approach is that it might necessitate a approaches is that the costs for the new equipment like inside rear view mirrors redesign of the front ends of some LTVs light with the altered beam pattern or and center high-mounted stop lamps. which potentially imposes substantial the altered aim would be borne by the NHTSA would prefer to address glare costs if that redesign occurs sooner than purchasers of the vehicles with the without trading off safety performance a vehicle manufacturer had planned. higher-mounted headlamps that were in other areas. However, such costs would be causing the glare issues for other minimized if lower headlamp heights 2.2 Glare From High Intensity vehicles. Discharge Headlamps were one of the parameters that had to Other approaches involve modifying be accomplished during a scheduled cars so their drivers experience less In the case of HIDs, we have received redesign or refreshing of the front end glare from the higher-mounted numerous complaints stating that these of the vehicle. Another concern likely to headlamps on LTVs. As a policy matter, newer lamps produce excessive glare. be expressed by commenters is that the these approaches are less appealing Even though they are required to utility of the vehicles could be reduced since they oblige purchasers of vehicles comply with all federal lighting if the redesigns needed to accommodate that receive the LTVs’ glare to bear the requirements, HIDs are still being lowered headlamps resulted in entire burden of addressing that glare singled out as being troublesome glare significantly lessened load capacity or problem. One approach in this category producers for other drivers. The reason off-road capabilities. Significantly is to require enhanced mirrors on cars. expressed by drivers is that the HID reducing the off-road capabilities of Automatic electro-mechanical dimming headlamps are brighter. This may be LTVs could make them less desirable to inside mirrors have been available for due to the spectral content of the potential purchasers. NHTSA notes, decades as standard equipment on produced light, the generally wider and however, that some Daimler-Chrysler luxury models and as an option in many more robust beam pattern, and/or their LTVs, specifically the Ram pickup and vehicles. More recently, there have been conspicuous color relative to other the Durango sport utility vehicle, have electronically dimming mirrors, headlamps, or misaim. headlamps mounted lower than some typically called photochromic and In an effort to create a headlamp other manufacturers’ LTVs and that this liquid crystal automatic dimming which provides better illumination, has been accomplished without mirrors. The advantage of these mirrors longer life, and a unique styling reducing the off-road capabilities of is that they reduce the intensities of appearance, vehicle lighting those vehicles, to the best of NHTSA’s incoming light at least as well as manual manufacturers developed HIDs. They knowledge. NHTSA also notes the new or electro-mechanical auto-dimming have been typically offered on higher Model 2002 Chevrolet Avalanche, a five interior mirrors, but they also reduce end vehicles and can cost as much as door/short bed sport utility vehicle has glare reflected from the outside mirrors $400 to $800 for the option. HIDs are headlamps mounted below the turn as well. The primary disadvantages are unlike conventional halogen headlamps signal lamps. The height of these lower that these mirrors can add $100 or more in that they operate more like street beam lamps is about 890 mm (35 to the cost of a new vehicle and they can lamps. Instead of heating a tungsten inches). This new vehicle does not lessen only the glare from following filament, an electrical arc is created appear to be hampered in capability or vehicles. between two electrodes. This excites a marketing value. NHTSA prefers a Another approach to addressing glare gas inside the headlamp (usually xenon) policy of making the vehicle type from following vehicles’ high-mounted which in turn vaporizes metallic salts. (LTVs) that caused the problem (glare headlamps is to reduce the amount of These vaporized metallic salts sustain for other drivers) achieve the solution, light reflected off the interior surfaces of the arc and emit the light used for the as long as it is done in a manner that the car, particularly the instrument headlamp’s beam. These lamps provide considers the magnitude of the problem panel and the inside surface of the more light than that produced by and the cost of the fix. windshield. These changes would have halogen lamps and only use two-thirds
VerDate 11
the power. As a result, they are more yellowish-white light of halogens. When necessarily reacting to the whiter light, efficient, and because there is no observing some HIDs, it may seem that but to the high energy spikes that rise filament to burn out, these bulbs are they are not emitting white light, as above a background energy achieving claimed to last for as much as 100,000 required by Standard No. 108. However, the white light. If this is a cause for the miles of driving time. when observing the beam pattern UMTRI findings, it may be that a Although the agency has seen projected on a white screen, HID redesign of the HID system is necessary. advertising and received many headlamps that comply with our However, this is just a theory, with no complaints claiming that the light lighting standard will appear to be supporting data. NHTSA is initiating produced by HIDs is twice or three white with color separations occurring research to study all potential factors times as bright as that which is only at the extreme edges of the pattern. that may be causing HIDs to be an produced by halogen lamps, laboratory Non-halogen, halogen, and HID light annoying lighting source. measurement, made by various parties, sources appear to be different colors to 2.3 Glare From HID Look-Alike Bulbs do not support these claims. HID light observers. Non-halogen lamps appear to and Other Colored Headlamp Bulbs sources (bulbs) typically have about two be yellow when compared to halogen to three times the available light flux lamps, and halogen lamps appear to be The advent of HIDs on more (volume) of halogen light sources, but yellow when compared to HIDs. expensive vehicles has spawned because of such an abundance of light, In a recent study by the University of attempts at achieving halogen-based the HID optical design does not Michigan Transportation Research look-a-likes. These are achieved by necessarily need to be as efficient at Institute (Flannagan, M. J.; 1999, using coated, tinted, filtered or collecting and distributing light as a ‘‘Subjective and Objective Aspects of otherwise altered glass capsules for the halogen system. The HID beam pattern Headlamp Glare: Effects of Size and halogen headlamp bulbs that can be is certainly more robust, providing more Spectral Power Distribution,’’ Report used in place of the OEM bulbs. even and wider illumination and the No. UMTRI–99–36, available in Docket Alternatively, aftermarket headlamp potential for better visibility and Number: NHTSA–2001–8885–3) the housings with similar coating, tinting comfort. This performance results in differences reported between halogen and filtering are being sold as more light on the road surface and more versus HID lamps caused a small but replacements for OEM headlamps. The of the roadway being illuminated. statistically significant difference in goal of many of these bulbs is to emit However, this additional light is not discomfort glare noted by observers. light that is different than an OEM supposed to be projected upward from However, it had no effect on disability halogen headlamp bulb, while the lamp toward other drivers’ eyes. glare. It is not known yet whether it is attempting to maintain a headlamp’s During inclement weather, when the the difference in spectral power density legally complying performance. The road surface is wet, the additional of these headlamps, but this difference whiter light is offered as being closer in volume of light can result in higher in the human eye’s glare response to color to natural daylight, thus the claim levels of light reflected off the road these different lamp designs is shown in is that drivers see better with the same surface into other drivers’ eyes. that study. amount of emitted light. This is not However, those who have complained HIDs are not just more white (having unique in motor vehicle lighting history; about HID glare have not specifically less yellow content and more blue in fact, it is the same claim and intent reported inclement weather as the only content in the emitted spectrum), but as accompanied the 1929 Tung-Sol time when there is a problem with HID the light is generated in a different Blue-Wite TM headlamp bulb. The glare. manner. HIDs achieve light by having yellow variants of colored bulbs are Another factor that may be involved vaporized metallic salts participate in intended to be more useful in wet is the phenomenon that may have the electrical current flow through an weather where the color, still measured occurred with the introduction of arc in the bulb capsule. This is to be white, is more yellow than OEM halogen lamps in the early 1980’s. contrasted to a heated metal filament halogen bulbs. The intent is to offer a Drivers are attracted to headlamps that which gives a relatively even level of color of light less likely to be reflected are different colors than would normally light at all colors in the spectrum, and back from precipitation and fog. At the be seen. As such, the drivers may look thus achieves smoother white light. The other extreme of colored aftermarket directly at oncoming headlamps during HIDs blend of metallic salts is designed bulbs, are those that are very blue or driving to see the unfamiliar item. This such that the different salts, emitting multicolored. The multicolored bulbs is something that they do not normally different colors of light with different are the result of many different colors do. Initial halogen headlamp energy levels, will complement each being emitted by the bulb in various introduction elicited some glare other when fully heated and electricity directions, instead of white light being complaints, even though the first is passed through them, because each emitted in all directions as occurs in halogens used were actually very salt contributes various frequencies of normal halogen bulbs. similar in performance to the standard light and at different levels of energy. Generically categorized as ‘‘blue’’ non-halogens headlamps. The only The result is white light, but with a few bulbs, all of these aftermarket bulbs marked difference was the color of the relatively high energy spikes of light at have become popular among some halogen headlamps. If this is the case very narrow bandwidths. These spikes drivers, either because the bulbs now, one would expect glare complaints are obvious in a mapping of the spectral produce the look of a more expensive about HIDs to stop when drivers become power density of the light emitted. (See vehicle at a fraction of the cost, or familiar with the HID color. However, Docket Number: NHTSA–2001–8885–4, claims of improved visibility. Many of NHTSA is aware of no studies or USA Today, June 7, 2001, ‘‘Bright the bulbs are from well known bulb evidence to suggest that this theory is Lights, Big Controversy’’ by James R. manufacturers, others are from less correct. Healey, page 1, the side bar ‘‘harsh blue familiar companies and importers. Another factor that may lead to the light contributes to glare’’). This Depending on the make and model of perception that HIDs are significantly comparison shows that the light bulb desired, some are sold by auto brighter than halogen lamps is that spectrum of HIDs is not as smooth as the parts stores and mass merchandisers, human eyes may be more sensitive to light from a heated filament in a halogen others are sold by specialty auto bluish-white light of HIDs than to lamp. It is possible that our eyes are not accessory stores and through the
VerDate 11
Internet. While there are no reasons to that this bulb emits the equivalent and chromaticity moves toward the blue believe that all such bulbs cause correct volume of light compared to an color range of the visible light spectrum. headlamps to perform badly, many such OEM version, the filament design must The authors also state that there is no bulbs do just that, as explained below. be subtly changed, but not so much so evidence to show that target detection is Designing original equipment that wattage increases above the enhanced with such blue colored headlamp bulbs is a precise science, acceptable limits required of a standard headlamps, either in direct viewing or fraught with many design compromises bulb. These careful changes may peripheral viewing of illuminated in order to achieve the desired balance continue to make the bulb targets. This, essentially, shows that of energy usage, service life, emitted interchangeable with an OEM design there likely is an inherent disbenefit light and robust optical images of the without noticeable consequence other from the use of such blue bulbs and filament. In general, headlamp bulb than whiter light. headlamps that are intended to change designs take years of thoughtful work in Besides replacing the OEM bulbs with the color of light emitted from consultation with the designers of bulbs with the characteristics described headlamps. While one might assume headlamp optics. The OEM bulb design above, it is possible to purchase whole that this also applies to the bluer HID is standardized and codified by industry headlamps and replacement lenses for powered OEM headlamps, the authors consensus in SAE and International those that are replaceable, that are did not study this, nor speculate about Electrotechnical Committee (IEC) tinted. Under our standards, these must it. standards so that all bulb manufacturers comply, with our lighting standard but can build and sell bulbs with the again, the blue, or other color, tinting 2.4 Glare From Fog Lamps, Driving expectation that they will perform in a may have similar adverse disturbing and Lamps, and Auxiliary Low Beam safe and satisfactory manner in all disabling glare effects. Headlamps headlamps in service. This Another disturbing trend in this look- Fog lamps, driving lamps, and standardization is incorporated into a-like phenomenon is the substitution of auxiliary low beam headlamps are Federal Motor Vehicle Safety Standard OEM filament headlamp bulbs with lamps used in addition to the normally No. 108, Lamps, reflective devices and aftermarket HID conversion bulbs. The required headlamps. These lamps have associated equipment (FMVSS 108) by desire is to achieve the look and achieve been identified in state laws for decades referencing information about each the more robust performance of HIDs. as being allowed to be used under bulb. This information is in Docket While not designed to be certain conditions of visibility. Number: NHTSA–98–3397. interchangeable, some aftermarket Generally, as defined in SAE standards, When changing the basic design of a companies are substantially altering the fog lamps have a wide even beam, less headlamp bulb the way that placing a HID bulb bases or providing adapters so intense than a low beam, and intended coating, filter or tinting can, the results that the HID bulbs can be inserted in to be mounted low to shine out under can range from just color changes to headlamps designed for filament bulbs. blankets of fog hovering near the reducing the emitted volume of light The consequence of making these ground, and in other conditions of from a headlamp by almost half. For substitutions is to adversely affect reduced visibility such as rain, snow example, certain kinds of filters and safety. Filament headlamps are optically and dust. Properly aimed, fog lamps can coatings, while having the effect of designed for the volume of light and be used to reduce the back scatter glare reducing yellow light emission, are filament placement and other critical that often results from water droplets, sometimes also very reflective. The dimensions and performance that OEM snowflakes and dust particles result is that, instead of most of the light filament bulbs have. The HID illuminated by headlamps. The fog lamp coming from the filament directly conversions result in two to three times with its downward aimed beam can through the glass capsule and being the volume of light and potentially reduce that veiling glare and permit used by the headlamp’s optical design imprecise arc placement. Such seeing, albeit at much shorter distance, to have a focused beam down the road, conversions often result in beam the roadway and important targets. the light bounces once or twice off the patterns that behave nothing like the Speeds, of course, have to be reduced inner wall of the bulb. This causes original filament beam pattern, cannot under those conditions. strong images of the filament to be be reliably aimed, and have many times Driving lamps are lamps not intended emitted from the capsule in directions the permitted glare intensity. In for general driving, but are intended to and intensities never possible in the informal conversations with persons supplement the upper beam headlamps. standardized OEM design. Because who have tested such conversions, the In essence, they are auxiliary upper headlamps are designed to use light intensity on one at a point aimed beam headlamps. As such, they should standardized bulbs, the lighting toward oncoming drivers was 22 times never be used under conditions that do performance of the headlamp could be the allowable intensity limit. Another not permit the use of upper beam markedly different, both impairing lamp was more than 7 times too intense. headlamps. Their beam intensity and seeing down the road and causing With poor HID bulb and arc placement, aim are described in SAE standards and others to have undue glare, when a the glare intensity could be significantly often referenced in state motor vehicle modified, non-standardized bulb is worse. Thus, the use of these law. substituted. Such poorly designed bulbs conversions could be yet another source The Auxiliary Low Beam Headlamp, may also be a reason for the public’s of the glare problems about which many is just that, a lamp similar in beam glare complaints. drivers have complained. pattern and performance to a lower In contrast, if the bulb designer uses Regarding bluer light achieved by beam headlamp. It is intended to a more benign filter element, the inner these filament bulbs, recent research supplement the lower beam headlamp, bulb reflectivity may be substantially (Sullivan, J.M. and Flannagan, M.J.: more typically for turnpike driving, reduced or virtually eliminated. For a ‘‘Visual Effects of Blue-Tinted Tungsten- where the roadway has widely bulb that is intended to be whiter, less Halogen Headlamp Bulbs’’, Report No. separated opposing lanes. yellow light may be emitted, giving the UMTRI–2001–9, available in Docket: More and more passenger cars and light a whiter, even bluish light, but still NHTSA–2001–8885–2) shows LTVs are being equipped with auxiliary white light as defined in various consistency with prior research, that lamps these days. As an OEM option, industrial and legal standards. To assure discomfort glare ratings increase as the the lamps, usually fog lamps, offer
VerDate 11
different styling cues than the normal (GTB) as to what constitutes the current the vehicle’s electrical system may be as model vehicle to help differentiate it in state of industry performance for fog high as 14 or 15 volts. On the other the market. Also, the public may be lamps. For the foreseeable future, hand, it may be below 12.8 volts, if the interested in ‘‘better’’ lighting, because NHTSA has no expectation that a ambient temperature is very low. the number of both OEM and harmonized fog lamp performance The effect on filament headlamps, aftermarket installations is increasing consensus standard will be forthcoming taking into consideration the electrical markedly. Because of fog lamps’ limited from SAE or GTB. Because of the resistance of the wiring to them, the performance, they by design will not significant increase in complaints, headlamp switch, fuses, distribution markedly improve seeing under normal NHTSA plans to propose action panels, relays, and other devices often conditions. independently of outdated industry found in the headlamp circuit, is to These auxiliary lamps are now standards for fog, auxiliary and driving reduce the voltage slightly when becoming a source of complaint for lamps to regulate these at the federal compared to the voltage at the battery. glare. Often described as another set of level. headlamps, sometimes mounted lower, When the standardization of test voltage the public reports that these lamps seem 2.5 Voltage to Headlamp was conceived, it was intended to to be used all the time at night. In fact, The voltage supplied to headlamps is accommodate this vehicle electrical research has now documented that the one of many factors that establish the system variability by testing at the public is right. Sivak et. al. reported that performance achieved. Safety Standard typical operating voltage of the fog lamps were in fact used much more No. 108 specifies that headlamps be headlamp, such that the lamp in a motor often than was appropriate for the tested in a laboratory for the purposes vehicle could be expected to operate conditions. In fact, most of the auxiliary of compliance at a test voltage of 12.8 most of the time with the same intensity lamps in the census were on regardless volts D.C. The designers of headlamps as measured in the laboratory, and as of the weather or visibility conditions, and their filament type bulbs rely on specified for it. and most vehicles that had them this standardized voltage to assure that Over the years, the design of motor installed had them in use (see Sivak, M.; when anyone tests the headlamp at the vehicle electrical systems has evolved Flannagan, M. J.; Traube, E. C.; standardized voltage, the lamp will such that the amount of electrical Hashimoto, H.; Kojima, S. 1997, ‘‘Fog perform as prescribed in the law. The energy necessary to operate the myriad lamps: Frequency of Installation and lamp designers, in setting out to design of electrically powered devices, has Nature of Use,’’ No. UMTRI–96–31, the headlamp, use the standardized more than quadrupled in many cases, available as Docket NHTSA–1998– specifications set forth for the light from what was needed twenty or thirty 8885–1). source (bulb), determined at 12.8 volts or more years ago. With the advent of This documented misuse of fog lamps and use them as part of the calculations electrically powered steering and in particular helps substantiate the for the prescriptions of the lamp’s brakes, and complex environmental complaints that NHTSA has been optical elements. The finished product systems, the electrical energy need will is a lamp design that will be reliable, be receiving. NHTSA has had complaints continue to increase. To supply all this capable of mass production, and meet about fog lamp use for a while, but energy and to still charge the battery in never so many as recently. As part of the prescribed illumination performance a quick manner, the average voltage on another rulemaking (63 FR 68233, set out in the Standard. vehicles has increased over the years. December 12, 1998), NHTSA asked Unfortunately for drivers, the lamp The consequence to many vehicles as whether it should regulate fog lamps in performance experienced in the real stated above, is that for headlamps, the general, because it was petitioned to world on their vehicles is not always the operating voltage is more likely to be regulate the geometric visibility of fog performance measured in the laboratory. somewhat above the specified test lamps as installed on motor vehicles. The reason for this is that motor voltage. The response by commenters to this vehicles need to store vast amounts of question was unanimous: yes, please electrical energy in its battery, and must In NHTSA’s experience in measuring regulate them. NHTSAs authority to have a electrical charging system to the voltage supplied to daytime running regulate their safety will have the supply the energy that is stored. That lamps, that voltage can be at least 14 consequence of having a common charging system must provide varying volts. Others who have measured the national standard for them. Some of the voltages to charge the battery. Batteries voltage of headlamps have documented commenters suggested waiting until the expend some of that energy when used such high voltages, too. Even vehicle SAE and other international to start the vehicle’s engine. To fully manufacturers have documented organizations achieved a harmonized, charge the battery, a voltage higher than voltages higher than 12.8 volts. The but updated version of a fog lamp that of the battery is necessary to return effect on increased intensity as a result standard. As a result of that request, energy to the battery for storage and of varying voltages to filament type NHTSA has been waiting several years future availability. Depending on the headlamps can be seen in the table for this to occur. However, there appears state of charge of the battery, the below. It provides a multiplier for to be significant disagreement within ambient temperature, the quickness of finding the new intensity when going both the SAE’s Lighting Committee and restoration designed into the charging from one voltage to a higher or lower the Groupe de Travail Brusselles, 19581, system, and other factors, the voltage of one.
Factor to use to get candela at: Candela specified at: 12.0 V 12.8 V 13.2 V 13.5 V 14.0 V
12.0 V ...... 1.0 1.25 1.37 1.50 1.68 12.8 V ...... 0.80 1.0 1.1 1.2 1.35 13.2 V ...... 0.73 0.90 1.0 1.07 1.23
1 The GTB is the organization of motor vehicle United Nation’s rulemaking organization that is responsible for Economic Commission for Europe and lighting industry experts that advises the vehicle regulations.
VerDate 11
Factor to use to get candela at: Candela specified at: 12.0 V 12.8 V 13.2 V 13.5 V 14.0 V
13.5 V ...... 0.67 0.83 0.93 1.0 1.14 14.0 V ...... 0.60 0.74 0.81 0.88 1.0
In the case of U.S. headlamps, 12.8 is general beam pattern. Yet, because often conflicting aspects of illumination the specified test voltage in FMVSS No. lamps are made by many different versus glare. Such an approach would 108. However, moving to the right in the companies, with differing customer ensure that a vehicle’s lighting row, one can see that if the vehicle needs, headlamps for different models performance would be evaluated just as voltage at the headlamp was only 12 of vehicles can have visually different it would be on the road when used by volts, the headlamp’s intensity would be beam patterns and performance, and the public, and remove NHTSA from the only 80 percent of the specified still comply with the specifications set business of specifying details of bulb intensity. Conversely, if the voltage forth in FMVSS No. 108. Regardless of and lamp design. With this approach, measured on the vehicle were 14 volts, headlamp mounting height or the challenge for vehicle manufacturers the headlamp would be operating at 135 separation distance, the Federal was that the performance had to be percent of its specified intensity. The specification for the beam pattern is the designed into the vehicle, rather than consequence for a driver in these two same (and at the state level, the aim is being added on at the end. cases would be respectively, less light almost always the same.) Thus, the Consideration of the vehicle’s on the road and less glare to others, and result is what we now have in our performance is required by most of more light on the road and more glare vehicles-varying performance between NHTSA’s safety standards, but not for to drivers. Both situations are possible, vehicle makes and models, and even compliance with many aspects of depending on many factors as stated between makes of headlamps. The FMVSS 108. To specify the roadway earlier. The possibility of newer inherent philosophy that guided this illumination and glare performance of vehicles having headlamps operating at evolution was absolute the whole vehicle would add design higher than specified intensities is very interchangeability and ease and complexity and make compliance test real. For your vehicle, you would quickness of replacement (to limit the procedures more expensive, and time- probably be more comfortable with the time and miles driven before consuming. Both vehicle and lamp higher voltage and higher intensity. replacement of the failed lamp occurs). manufacturers have commented that a Drivers who oppose you probably That was the basis for the 1937 decision move toward a more systems-based would not appreciate that more robust to mandate sealed beam headlamps. All approach toward vehicle lighting is not performance. were the same so there would be only desirable because of these issues. one model to find at the local service Given the dilemma raised above, 3 Discussions station. Considering how often NHTSA has not pursued this approach 3.1 Discussion of Headlamp headlamp bulbs, lenses and reflectors since investigating in the late 1980s. We Performance in General failed prior to 1937, this was a would like your comment on the paramount safety concern. Until 1983, following questions: As was discussed above, the this was still the basic approach, Question 1: Given the vast amount of specification of a lower beam headlamp although a few alternative sizes and new technology in headlamp hardware pattern slowly evolved over the last one shapes were introduced. Then the and design, and in the design of light hundred years. In the U.S., most of that standardized replaceable bulb headlamp sources, is the long-standing method of work was done by motor vehicle was introduced, allowing virtually any specifying a single headlamp’s lighting engineers and other automotive size or shape of headlamp, but using the performance by test points irrespective engineers and human factors scientists universal, standardized, replaceable of its particular vehicle application, still through the auspices of SAE. Today, light source. It was this standardized, an effective way to consider the problem that beam pattern as codified in FMVSS colorless bulb that was to be readily of glare? Please explain. No. 108 is certainly more robust than it available at many stores, many of which Question 2: Is there any feasible was in 1914, 1937, 1968, or 1985. The were no longer service stations. The alternative, such as having many more latest performance change in 1997 made additional performance required of test points in and near the glare areas in the beam wider to lessen its sensitivity these headlamps was intended to assure the beam? Would applying intensity to horizontal misaim and to add a that they had long term environmental zones for glare be appropriate instead of horizontally oriented cutoff delineating resistance performance similar to what points? Would a whole vehicle roadway a sharp gradient between the higher sealed beams had. illumination specification solve the intensity roadway light below and lesser This move toward headlamp housings problem, limiting glare regardless of intensity glare/sign light above. This made specifically for an individual lamp mounting height? Please discuss cutoff was the cue for determining make, model and year of vehicle, these and fully explain your reasoning correct aim of the beam. Still, the together with substantially longer bulb for your choice or suggestions. fundamental aspects of specifying the life, led NHTSA to consider the One consideration in deciding beam’s performance remained the same potential for having a vehicle-based whether to proceed with regulations in as it has for over the last hundred years: roadway illumination performance this area is assessing how effectively an Individual test points in various places requirement. As envisioned, the vehicle industry is addressing a problem. With on an angular coordinate system with as assembled, regardless of the type of respect to lighting generally, the vehicle the axis originating at the headlamp lens headlamps, the type of vehicle, the and headlamp manufacturers’ customers center. The test point performance mounting height or separation distance, are most likely to complain if the lamps specified is applied to each headlamp, would be required to illuminate the are not robust enough to allow good and the consequence is that each roadway in a certain manner, taking into nighttime driving visibility. The glare individual headlamp has the same account all the various important and from the lamps would not disturb the
VerDate 11
customer of this vehicle or headlamp Another approach to reduce glare that searched for the correct balance between unless the lamps were so glaring that was mentioned earlier is correct aim. roadway illumination and glare. The every passing vehicle flashed its lights. While NHTSA has made changes to perfect balance is of course different for In these circumstances, the charge to improve the ability to correctly aim each roadway because of the variability designers could be to get as much light headlamps and to determine when in geometry, ambient light and other as possible from the headlamps and aiming may be needed, such changes are factors, for each person because of age, consider glare only to the extent not all that different from what has been visual acuity and other factors, and for necessary to comply with legal used in Europe for decades. However, each vehicle because of lamp mounting requirements. Alternatively, designers even with these features, European height, headlamp aim and other factors. could be charged with producing lights vehicles are also required to have Some lighting researchers have that deliver good lighting performance headlamp aiming knobs or levers inside suggested that net visibility would be but also consider how this headlamp the passenger compartment so that maximized if all drivers would use only design will affect others on the road. drivers may move the headlamp aim upper beams. While this may sound Question 3: To what extent do lamp downward to compensate for vehicle incredible, it is based on findings that or vehicle manufacturers consider loading conditions. More recently, as a the increase in roadway illumination potential glare from headlamps beyond condition for allowing HID headlamps would provide greater benefit than the the glare limits set in the Federal in Europe, these lamps must be installed high glare from upper beams would take lighting standard? What assessment is only when automatic leveling (aiming) away. While this is an interesting made of potential glare from lamps at and automatic low beam washing and/ observation, the driving experience at points in the beam pattern that are or wiping is installed. European night would not likely be optimized, unregulated? Are there any lamp or regulatory bodies have determined that based on the volume of complaints of vehicle manufacturer corporate design automatic leveling and washing would glare with current headlamps. This guidelines that lamp or vehicle help reduce the potential for glare from raises the issue of whether NHTSA’s manufacturers use at unregulated points these headlamps that are specifically balance between glare and roadway in the beam pattern? If so, please allowed to have higher beam illumination should move toward less indicate what those guidelines are and performance than current halogen glare even if that means less visibility of explain why the manufacturer believes headlamps. The rationale behind the the roadway environment. they are appropriate. Please provide automatic washing is that, in general, a The average age of our driver examples of specific headlamp designs lamp with higher luminance is more population increases every year. Older and identify changes that were made to adversely affected by dirt on the lens, persons’ eyes are more sensitive to glare, the beam pattern specifically to reduce resulting in more light directed toward yet simultaneously, such drivers need glare for other drivers, even though the the glare zone. In the U.S., because HID more light to see down the road. beam pattern met the existing Federal headlamps have been designed to Question 8: Because reducing glare standard. comply with the existing required might improve older persons’ mobility, Question 4: To what extent do vehicle intensity performance, and not some and improving roadway illumination manufacturers consider potential glare new, higher performance as in Europe, may do so too, given the age trend, from headlamps as installed on their there appeared to be no need for should the reduction of glare be a vehicles, even though this is not manufacturers to seek changes to priority, even at the expense of some currently required by the Federal introduce HID headlamps into the visibility? lighting standard? Please provide details market nor for NHTSA to prevent them Question 9: To what extent do on the assessment procedures that are from being introduced. medical problems with eyes that are used. Do vehicle manufacturers Question 6: Should the U.S. adopt the associated with aging, such as cataracts, routinely evaluate prototype vehicles HID glare control measures of automatic and the current medical procedures driven at night as occupants of other leveling and washing that have been such as Lasik, reduce or improve vehicles to evaluate the potential glare adopted by Europe? Please identify the resistance to glare effects? from headlamps? Are there other data and analyses that support your A possible model for glare reduction assessment methods used to assess the views. What costs would be incurred to would be to move toward the European glare from the headlamps actually do so? beam pattern for headlamps. That installed on the vehicle before vehicle Question 7: Should the U.S. adopt the headlamp beam pattern allows less glare manufacturers commit to a particular driver operated manual headlamp than the current U.S. beam pattern, but headlamp design? Please provide leveling for halogen and/or HIDs that it also offers less seeing distance and examples of specific recent or new has been the norm in Europe? Is there less visibility for road signs. NHTSA is vehicles and identify changes that were evidence that leveling devices are used not presently contemplating an made to the headlamp beam pattern as (and used properly) by many drivers? adoption of the European standard installed on the vehicle, even though What would the costs be from adopting because the roadway environment is such changes were not required by the these? quite different—Europe relies heavily existing Federal standard. Another aspect of glare is whether on lighted signs, while the United States Question 5: To what extent do lamp NHTSA should reduce glare at the largely depends on vehicle headlamps and vehicle manufacturers consider the expense of seeing down the road. to illuminate signs. Nevertheless, the reports and work by the Society of Comments and letters over the years U.S. beam pattern could move closer to Automotive Engineers and other non- have been mixed. Some people want the European beam pattern in response governmental bodies on the subject of ‘‘better’’ headlamps, meaning ones that to concerns about glare. glare in designing the performance of will serve them better for seeing at Question 10: Is it reasonable for the lamps on their vehicles? If so, please night. Others state that the glare from United States to sacrifice some visibility provide a list of the reports, papers and headlamps is so bad that we should all at night to address the glare problems data that you use. Please provide be required to use the same headlamps identified by the driving public? Would specific examples of internal glare limits that we had in the 1960’s. As stated a move closer to the European headlamp that have been adopted as a result these earlier, NHTSA and other governments, beam pattern effectively address glare references. as well as lighting researchers have concerns? Please provide any data that
VerDate 11
are available on the glare with European Question 15: Is there a reasonable In past research when the detection of headlamps. What would be the effects policy rationale for addressing the glare objects was studied in comparison with on visibility at night from switching to to drivers of lower vehicles from higher- the mounting height of the headlamps, a more European beam pattern with its mounted headlamps by requiring there was a detection loss noticed as the downward aim? Please provide changes to the lower vehicles? Please mounting height was decreased. For available studies on the comparative articulate that rationale as clearly and passenger cars, the general findings visibility of roadway and sign targets succinctly as possible. have been that, for every one inch the with the current European and U.S. Assuming that the preferred approach headlamp is lowered, the detection headlamp beam patterns, and on the is to address the problem on the distance is decreased by approximately safety tradeoffs between visibility and vehicles with the higher-mounted ten feet. Lowering light truck headlamps glare, and what the safety and cost headlamps, one might consider five inches could result in a loss of fifty consequences of those tradeoffs are. lowering the acceptable mounting feet of roadway visibility. It should be Question 11: What would be the cost height for headlamps. noted that roadway visibility would still impacts, if any, for lamp manufacturers Question 16: Has the current 54-inch be greater than passenger car roadway if the U.S. headlamp beam pattern were maximum mounting height for visibility because the lamps may still be changed for new lamps? Please provide headlamps ever forced a vehicle higher than passenger cars lamps. Also, a detailed breakdown of how that cost manufacturer to modify the design of a light trucks do not necessarily have impact was estimated. light vehicle because the headlamps different stopping distances than Question 12: Is it conceptually would have been too high? Please passenger cars. Consequently, there may feasible to produce a viable beam provide some details on the design and be no safety reason that would need to pattern by retaining test points needed indicate the height at which the be considered in such a decision. to ensure adequate sign visibility in the headlamps would have been mounted. Question 19: Please comment on these U.S. while moving to European values Question 17: How often do and any other trade-offs of lowering the and test points to reduce glare for other ‘‘refreshes’’ and ‘‘redesigns’’ occur for maximum mounting height. Is there a drivers? If feasible, might this beam LTVs? Please be specific as to the maximum permissible mounting height pattern be adopted as a global standard? models and approximate sales volumes that would not significantly reduce the Question 13: Because NHTSA’s funds of the vehicles. For example, some LTVs seeing afforded to vehicles with higher for safety initiatives are finite and the such as SUVs appear to be on mounted headlamps, while significantly agency must use its judgment in approximately the same styling/redesign reducing the glare to drivers of lower deciding which initiatives are the most cycle as passenger cars, while full-sized vehicles? Because LTVs are increasingly appropriate, is it appropriate for NHTSA vans apparently are not. Please provide being used as passenger vehicles, why to initiate an effort to develop an estimates of the costs that would be should their seeing distance and updated balance between glare and associated with lowering headlamp stopping distance be different enough to roadway illumination from headlamps mounting heights if it were done during make this a concern? at this time? On the other hand, if the normally-planned refresh or NHTSA does not undertake such an redesign over and above the cost of the 3.3 Discussion of HID Issues effort now and the public’s complaints refresh and redesign, and explain how HIDs are beginning to become more about glare continue to increase, what those estimates were derived. Is there a prevalent in many vehicles. Overseas, are the likely consequences? lead time that would minimize the costs they constitute a much higher Question 14: If NHTSA begins such an of lowering headlamp mounting heights percentage of production than in the effort, should the desired end be a new on LTVs? U.S. HIDs appear to have an advantage beam pattern with the rest of the Question 18: Assuming that NHTSA of providing a beam pattern that is headlamp portions of the lighting were to mandate lower headlamps on broader, more uniform, and modestly standard retained largely intact, or LTVs, and that a time frame were more intense, especially to the sides. should the agency aim for a vehicle- specified that minimized the costs, are Some halogen-based lamps behave this based performance standard that there other design considerations way, also, but it is generally more evaluates the performance of headlamps NHTSA should be aware of in reviewing difficult to make such robust headlamps as installed on the vehicle? With this the SAE report suggesting a limit of 900 with the limited volume of light flux latter approach, vehicle manufacturers or 1000 mm? For instance, would the available from halogen bulbs. On the would have much greater freedom in headlamps necessarily then be so low other hand, the HID bulbs with up to choosing headlamp location and that they would interfere with the two to three times more available flux attributes. The agency’s goal could be to ground clearance or the bumper (2800 to 3200 lumen versus 1200 to simply turn on the vehicle’s headlamps performance of LTVs? Please provide as 2300 lumen for halogen), would seem to and shine them on a screen, and assess much information as possible to support have an abundant volume of light the performance of the headlamps as or explain the answer. available. Based on various technical they will perform when used and seen There are two possible negative papers about HID headlighting, the by the American public. What would be ramifications if the maximum allowable technology offers significant styling the impact on vehicle and headlighting headlamp mounting height were freedom, and is able to sacrifice manufacturers from such an approach? lowered significantly, although the size efficiency and still achieve a robust of these negative ramifications is beam because there is so much light flux 3.2 Headlamp Mounting Height Issues unclear. First, the ability to see available. As mentioned above, As noted above, the most direct way retroreflective traffic signs could be European rulemakers, concerned about of addressing glare from light truck modestly degraded. These signs depend such high available flux, impose upon headlamps is to mandate lower on vehicle headlighting for their HID headlamps the requirement that mounting heights. As headlamps move conspicuity and legibility. Second, they must have automatic aiming and higher, the most intense part of the detection distance will be modestly cleaning. beam moves closer to the height of decreased. This could reduce the ability Also, NHTSA notes that HID light mirrors and drivers’ eyes in lower of vehicle operators to detect an obstacle sources are being used for auxiliary vehicles, typically cars. in time to avoid hitting it. lamps such as fog, low beam and
VerDate 11
driving lamps that are just now metal filament? If so, please provide interchangeability performance. Until appearing in the aftermarket, as well as references and discuss. What would be about three years ago, colored bulbs for upper beams in OEM applications. the safety and economic consequences other than those used for amber turn Question 20: Do HID bulbs have too of a rulemaking change that mandates a signal lamps were generally not much light flux available for the more uniform spectral power available to the public. With HIDs, this roadway illumination task? If so, please distribution? changed. The specifications for halogen discuss why and what could be done to Question 28: The UMTRI–99–36 and HID light sources (bulbs) collected resolve this. study found that to be considered in NHTSA’s public docket (NHTSA–98– Question 21: How do HID headlamp similar in glare perception by test 3397) list a myriad of necessary lower beam patterns vary from halogen subjects, the halogen lamp had to be interchangeability details including lower beam patterns? Do these about 1.5 times or 50 percent brighter capsule coatings that are necessary for differences necessarily result in higher than the comparable HID lamp. What proper operation. One such coating is levels of glare for other drivers? would be the safety and economic called a bulb cap or capsule cap or black Question 22: The agency is interested consequences if HID headlamps were cap. One of these was present on the in receiving comments regarding human required to meet photometric intensity very first bulb introduced in FMVSS No. factors issues surrounding the use of performance but limited to about two- 108 for headlamp use in 1983. It reduces whiter (and/or bluer) light in headlamp thirds of that now permitted? Please glare by preventing light from the systems, whether from HID or halogen explain how your answer is determined. filament from being emitted toward the bulbs, that has uneven spectral density Question 29: It is well understood that headlamp’s lens. While not essential for emission performance as do HIDs. Have raising the mounting height of all headlamp designs, the majority of there been any studies done regarding headlamps raises the most intense part those using this first bulb needed such HID light sources, whether with of the headlamp beam up to where it is a coating and bulb types designed automotive, industrial, home or any closer to causing glare problems for specifically for low beam use almost other venue that addresses this uneven other, lower drivers. It is also well universally have such a black cap. energy emission and its visual understood that HIDs afford Since 1983, many other perception by people? significantly more light flux and this interchangeability specifications for Question 23: One theory is that greater volume of light raises the many other headlamp bulbs have been drivers are attracted to HID headlamps potential for increasing glare for others. introduced into federal law. Many have because of the newness or different Based on these generally understood black caps. Until recently, none had any appearance. This theory suggests that glare parameters, one would expect that other specified coating, filter, tinting or drivers then end up staring into the HID manufacturers would be very cautious shielding. There are two types of bulbs, headlamps. Is this type of behavior about installing HIDs in higher-mounted HIR1 and HIR2, that have special documented relative to automotive or positions, because the likelihood of durable infrared reflective coatings on any other type of lighting event? Is there glare would seem to be very high. the bulb capsule. These coatings exist to some period that is necessary for the Nonetheless, HIDs are now offered on make the bulbs more efficient at public to adapt to a new lighting several LTVs such as the BMW X–5, producing light; focusing back on the technology, whether on vehicles or Mercedes Benz ML series and in filament heat energy that would otherwise (for example during the previous model years, the Oldsmobile otherwise be lost. This insulating effect introduction of HID street lighting)? Are Bravada. To allow us to better permits the filament to operate at a there any safety or other consequences understand the current practices of higher temperature while using less from that adaption period? manufacturers of trucks having HID electrical energy. Also there is an HID Question 24: Are there any studies or headlamps as standard or optional bulb that has a coating, dissimilar to a data that support or disprove the claim equipment, What were the analyses of traditional black cap, but serving the that illumination that is closer to glare that you considered when same function. None of the listed bulbs daylight in color provides vision deciding to use HIDs in these higher- have had any other coatings specified. improvements that could enhance mounted lamps and why did these Because coatings, filters, tinting, and driving safety in the myriad of driving analyses lead you to conclude that glare shielding can adversely affect the light conditions at night? Please discuss from these lamps was acceptable? Please emission of bulbs, these, of necessity, these. provide copies of these analyses. have to be part of the original Question 25: Are there any studies or Question 30: Given that HID light specification of a newly introduced data that support or disprove the claim sources are being used in non-headlamp headlamp bulb. There are two reasons that illumination that is more yellow (or applications such as fog, auxiliary low for requiring these to be included with any other color) provides vision beam and driving, and for OEM upper the bulb’s original specifications. The improvements that could enhance beam, should NHTSA regulate any or all first is so that in designing a headlamp’s driving safety during inclement weather exterior lighting devices that use HID optics, headlamp designers can rely on in day or night? Please discuss these. light sources on motor vehicles? If so, the fact that bulbs sold for this Question 26: Are the conventional should the regulated aspects be the headlamp will achieve the performance photometry and color measurement same as those required for the currently designed into it and required of it by methods specified in current industry required lighting devices, or should FMVSS No. 108. The second is so that consensus standards and national and these requirements be different, more the headlamp will continue the same international regulations appropriate for constraining or less constraining. Which safe performance when replacement HID powered headlamps? Does it lighting devices should have the highest bulbs are purchased. accurately predict glare or does it priority to regulate first? Any changes to the original underestimate it? What alternative specification for a bulb that can affect testing methods should be used? 3.4 Discussion of Glare from HID Look- the interchangeability performance can Question 27: Has there been any alike Bulbs and Other Colored cause headlamps to perform poorly, research on achieving a more uniform Headlamp Bulbs such as emitting not enough roadway spectral power distribution from HIDs NHTSA has regulated headlamp bulbs illumination or too much glare and that would be similar to that of a heated since about 1983 by standardizing their having beam shape changes. As with
VerDate 11
photography and the use of filters to would change a bulb’s performance Signalling (GRE) meetings overseas as alter photographic images, coatings, such that it would be unacceptable from mentioned and referenced above. filters, etc., that alter the image of the a bulb/headlamp interchangeability and However, possibly because of the bulbs filament will change headlamp performance perspective. Since that first proviso regarding the responsibility for performance. Coatings, filters and etc., meeting, the organizations have worked the amendment, no manufacturer has can change the color of light, the together to discuss the issue and taken the opportunity to use it to intensity, the sharpness of filament potential methods to deal with it. A standardize any coated, filtered, tinted image and, in some cases, make consensus test procedure and or colored bulbs. multiple images of the filament, performance criteria have been Question 31: Given the concern of appearing much like a double or triple developed that could be added to the commenters that ‘‘whiter’’ and ‘‘bluer’’ exposure in a photograph. Any of these specifications of headlamp bulbs. This mean more glare, should any halogen alterations could adversely affect a would help to ensure that the color bulbs be permitted to have emitted light headlamp’s performance. separations and the resulting multiple with altered color that is different than Marketers of auto parts began to sell filament images would be minimized that emitted by a heated wire filament colored headlamp bulbs to allow enough to provide a headlamp with through a colorless, unfiltered, uncoated vehicles to appear to have the latest uniformly strong white colored images glass or quartz bulb envelope? HIDs, at an affordable price. These bulbs of the filament and not introduce Question 32: Alternatively, and less began to show up on cars and trucks in headlamp performance problems. The restrictively, should NHTSA reduce the early 1998, shortly after the introduction first formal proposal of that procedure allowable tolerance for the measurement of HIDs on more expensive cars. Having was provided to the United Nations of color within the defined definition of noticed this, NHTSA lighting engineers Economic Commission for Europe’s the color white such that bulbs will emit who regularly participate in SAE Working Party on Lighting and Light color traditionally provided by halogen Lighting Committee meetings asked Signaling. That procedure and its bulbs with colorless, coating-less, filter- committee members to discuss the supporting information is provided in less capsules? Would the procedure science, engineering, optics and other Docket NHTSA–2001–8885–5. Such a proposed to the United Nations aspects of these new bulbs. Those procedure, when used in the Economic Commission for Europe’s engineers were mostly ignorant of the development of a new bulb should Working Party on Lighting and Light existence of those bulbs in the U.S. markedly help to reduce the Signaling Docket (see NHTSA–2001– market. Upon being shown one of the introduction of glare and vision loss that 8885–5) be a reasonable one? Would suspect bulbs, all were surprised by the might otherwise occur from the addition this test performance resolve all orange metallic interference coating that of coatings, filters, etc. Thus, if the performance problems associated with was present on the entire surface of the specification of a coating and the use of coatings, filters, tintings, and shields bulb capsule, because they did not this test were to be added to an existing that are not part of the original believe that it would allow a headlamp bulb’s specification as an optional specifications? Question 33: What safety value do any to perform properly. During that method of building a complying bulb, of these colored bulbs have? If there are meeting, a test was performed on the coated bulbs might be readily evaluated any safety claims made, please provide bulb in a headlamp, comparing it to the to ensure that there would be no adverse the data and studies that substantiate OEM bulb for the headlamp. When set effects on a headlamp’s performance. up in a photometry laboratory, the those claims. If there are safety claims, colored bulb reduced peak intensity in Based on the work done to date by provide an analysis of how those claims the seeing light area of the beam by two- SAE members and their associates, it offset the possible disbenefit of thirds, and markedly increased the glare appears to be possible to have bulbs increased glare. intensity in the area where preceding with coatings that provide whiter light Question 34: If there are substantiated and oncoming drivers’ eyes are typically and still achieve satisfactory headlamp safety claims that overwhelmingly offset located and the total volume of light performance even though none are the glare disbenefits, should NHTSA emitted by the headlamp dropped by specifically referenced by FMVSS No. mandate these colored bulbs, or just almost half. The beam emitted using the 108. For years, under the provisions of allow them? Would mandating these colored bulb, shining on a white Part 564, manufacturers of bulbs have bulbs ensure greater safety benefit to the measuring screen in the lab, showed a had the opportunity to amend the public than the public pays in broad array of colors, ranging from original specifications of a headlamp differential cost for these versus white near the hot spot to reds, greens, bulb. This opportunity comes with the uncolored bulbs? golds, blues and magentas, in vast areas proviso that any adverse consequences Question 35: If there are no of the beam. It was remarkably different of the amendment would be the substantiated positive or negative safety than the performance of an OEM bulb. responsibility of the manufacturer claims, should NHTSA prohibit these While the laboratory at which the making the amendment. In this case, colored bulbs? What justification is meetings were held did not test the such an amendment could provide for there for being so performance or design colored bulb/headlamp combination for an option that is a colored version (but restrictive? compliance with FMVSS No. 108, the still achieving the defined white light) Question 36: Given the results of plot of its intensities implied that it was of the original design. Such an recent research documented in UMTRI incapable of complying. The plots of amendment to a bulb’s specifications 2001–9, indicating that discomfort glare this testing of the head-lamp with the would clarify that a coated version of an ratings increase as the chromaticity OEM bulb versus the colored one may OEM bulb could be built and certified moves toward the blue color range of be seen in Docket NHTSA–2001–8885– under FMVSS No. 108. The potential for the visible light spectrum, should 6. such amendments that would be NHTSA ban headlamp bulbs and Since that time, NHTSA staff have submitted by manufacturers wishing to headlamps that alter the color of the asked and worked with SAE and other sell coated bulbs has been discussed at light emission? international organizations to develop a numerous SAE meetings in the U.S. and Question 37: Should all replaceable test procedure for objectively at numerous GTB Meetings and at the light sources be designed to conform the determining when a coating, filter, etc., Working Party for Lighting and Light specifications of the standardized OEM
VerDate 11
light sources, regardless of whether they propose switching, wiring, and aiming Question 45: What voltage levels will are to be used as original or replacement hardware performance that, to the future vehicles provide to headlamps if equipment? extent possible, reduces the incidence of left unregulated by FMVSS No. 108? Question 38: Because manufacturers fog lamp abuse? Please provide support Provide information and data to support appear to be reluctant to modify the for your answers and recommendations. your prediction. standardized OEM design specifications Question 42: Should NHTSA regulate Question 46: Because higher voltages to account for the advertised any of the other auxiliary lamps to also shorten filament lamp life performance enhancements that some of minimize, to the extent possible, markedly, what are the costs and the replacement light sources are aberrant performance and misuse? If so, benefits to the public from having claimed to have, should NHTSA restrict should NHTSA adopt either or both of headlamp bulbs last longer than they manufacturers ability to modify Part 564 the SAE and the ECE performance would otherwise? What are the cost submission information to simply those requirements for these lamps? In the savings to vehicle manufacturers from modifications that correct errors in absence of any newer auxiliary lamp averting warranty costs that normally previous submissions? standards, should NHTSA propose new occur because of shortened bulb life? Question 39: Many states have standards? Should NHTSA propose Are both of these savings more than the restrictions on the use of lamps on switching, wiring, and aiming hardware cost of providing a constant voltage to motor vehicles that have appearance performance, that to the extent possible, headlamps? Should NHTSA amend similar to lamps required for emergency reduces the incidence of their abuse? FMVSS No. 108 to require such constant vehicles, i.e., lamps that have the Please provide support for your answers voltage? emission of blue or red light. Has the and recommendations. enforcement of these state laws been Rulemaking Analyses and Notices affected since the introduction of 3.6 Discussion of Voltage to Headlamp Executive Order 12866 and DOT replacement light sources that have Is there anything that should be done Regulatory Policies and Procedures bluish or other non-permitted colors? about the problem of higher than This request for comment was not 3.5 Discussion of Glare From Fog specified lighting intensity that is bound reviewed under Executive Order 12866 Lamps, Driving Lamp, and Auxiliary to occur on motor vehicles in service? (Regulatory Planning and Review). Low Beam Headlamps Certainly, NHTSA testing the NHTSA has analyzed the impact of this Fog Lamps, Driving Lamp, and headlamp’s illumination performance at request for comment and determined Auxiliary Low Beam Headlamps are a voltage higher than 12.8 volts would that it is not ‘‘significant’’ within the governed by many states’ laws. Often ensure that future designs of headlamps meaning of the Department of the state laws reference SAE would operate in the real world at a Transportation’s regulatory policies and performance and installation standards performance level closer to their tested procedures. The agency anticipates if a set for these lamps. Because state laws level. However, their performance proposal and ultimately a final rule regarding the installation and use of would still vary because of the varying should result from this request for these lamps are not consistent, motor voltage present in any particular comment, new requirements would vehicle manufacturers have publicly vehicle. Nevertheless, this solution apply to the applicable vehicles and stated that NHTSA should regulate front would be a relatively inexpensive way items after the specified implementation fog lamps. Because of the complaints of to moderate the upward creeping date. The request for comment seeks to glare, NHTSA has stated in the past that intensity and attendant glare that it can determine the ramifications of requiring it is inclined to do that for safety produce. a lower maximum mounting height of reasons, pending the development of the Alternatively, providing a constant headlamps on passenger cars and world-wide harmonized front fog lamp voltage to headlamps would make their multipurpose passenger vehicles. It standard. Complaints do not always performance be virtually the same as seeks to learn more about claims and specifically identify fog lamps as the that achieved when they are tested. The causes of glare, to determine whether cause of glare; complaints are often effect would be that, regardless of the any kinds of constraints on HID about extra headlamps. Because vehicle’s performance, the headlamps headlamps should be implemented. It aftermarket sales of auxiliary lamps, would provide the intended seeks information on whether to including fog lamps, appear to be illumination and the measured levels of specifically allow or prohibit increasing, it is possible that some of the glare. There would be an increase in purposefully colored headlamp bulbs. It complaints concerning front mounted vehicle purchase cost for this solution, seeks to determine whether and how to lamps are about auxiliary lamps other however, because an electronic module regulate auxiliary front and rear lamps than front fog lamps. Currently, that can perform this constant voltage that are intended or claimed to enhance European and other regional regulations supply would be required. The installed safety under certain limited driving specifically deal with front fog, driving price of this module on a new vehicle conditions. and rear fog lamps. In these, there is not would be similar to that of the modules How do I prepare and submit an auxiliary low beam lamp defined; it used for many current daytime running comments? appears to be uniquely North American. lamps, typically less than $20. Question 40: Should NHTSA regulate Question 43: Should NHTSA require Your comments must be written and any of these auxiliary lamps? If so, a standardized voltage be applied to in English. To ensure that your which ones, and why? headlamps when they are operating on comments are correctly filed in the Question 41: For fog lamps, should motor vehicles in service? Docket, please include the docket NHTSA adopt either or both of the Question 44: What is the actual cost number of this document in your existing SAE and the ECE performance of providing such solutions for bringing comments. requirements for this lamp? In the on-vehicle headlamp intensity back in Your comments must not be more absence of any newer fog lamp line with what is specified for them in than 15 pages long (49 CFR 553.21). We standards, should NHTSA propose a the laboratory? Provide an analysis of established this limit to encourage you new standard based on the recent, the source of these costs to justify your to write your primary comments in a efforts of SAE and ECE? Should NHTSA answer. concise fashion. However, you may
VerDate 11
attach necessary additional documents You may also see the comments on petition presents substantial scientific to your comments. There is no limit on the Internet. To read the comments on or commercial information indicating the length of the attachments. the Internet, take the following steps: that listing the lower Kootenai River Please submit two copies of your (1) Go to the Docket Management burbot may be warranted. We are comments, including the attachments, System (DMS) Web page of the initiating a status review to determine if to Docket Management at the address Department of Transportation (http:// listing this population is warranted. given at the beginning of this document, dms.dot.gov/). DATES: The finding announced in this under ADDRESSES. (2) On that page, click on ‘‘search.’’ document was made on September 14, (3) On the next page (http:// 2001. To be considered in the 12-month How can I be sure that my comments dms.dot.gov/search/), type in the four- were received? finding for this petition, information digit docket number shown at the and comments should be submitted to If you wish Docket Management to heading of this document. Example: if us by November 27, 2001. notify you upon its receipt of your the docket number were ‘‘NHTSA– ADDRESSES: Information, comments, or comments, enclose a self-addressed, 2001–8885,’’ you would type ‘‘8885.’’ questions concerning this petition stamped postcard in the envelope (4) After typing the docket number, should be submitted to the Supervisor, containing your comments. Upon click on ‘‘search.’’ Upper Columbia River Basin Field receiving your comments, Docket (5) The next page contains docket Office, U.S. Fish and Wildlife Service, Management will return the postcard by summary information for the docket you 11103 E. Montgomery Drive, Spokane, mail. selected. Click on the comments you wish to see. Washington 99206. The petition finding, How do I submit confidential business You may download the comments. supporting data, and comments are information? Although the comments are imaged available for public inspection, by If you wish to submit any information documents, instead of the word appointment, during normal business that you do not want to be made public, processing documents, the ‘‘pdf’’ hours at the above address. under a claim of confidentiality, you versions of the documents are word FOR FURTHER INFORMATION CONTACT: should submit three copies of your searchable. Please note that even after Scott Deeds at the above address or complete submission to the Chief the comment closing date, we will telephone (509) 893–8007. Counsel, NHTSA, at the address given at continue to file relevant information in SUPPLEMENTARY INFORMATION: the beginning of this document under the Docket as it becomes available. Background FOR FURTHER INFORMATION CONTACT. This Further, some people may submit late submission must include the comments. Accordingly, we recommend Section 4(b)(3)(A) of the Endangered information that you are claiming to be that you periodically search the Docket Species Act of 1973 (Act), as amended private, that is, confidential business for new material. (16 U.S.C. 1531 et seq.), requires that we make a finding on whether a petition to information. In addition, you should Authority: 49 U.S.C. 322, 30111, 30115, submit two copies from which you have 30117, and 30166; delegation of authority at list, delist, or reclassify a species, or to deleted the private information, to 49 CFR 1.50. revise a critical habitat designation, presents substantial scientific or Docket Management at the address Issued on: September 25, 2001. given at the beginning of this document commercial information to demonstrate Stephen R. Kratzke, under ADDRESSES. When you send a that the petitioned action may be comment containing information Associate Administrator for Safety warranted. To the maximum extent Performance Standards. claimed to be confidential business practicable, we make this finding within information, you should include a cover [FR Doc. 01–24430 Filed 9–27–01; 8:45 am] 90 days of receipt of the petition and letter that provides the information BILLING CODE 4910–59–P publish the finding promptly in the specified in our confidential business Federal Register. If we find that information regulation, 49 CFR Part 512. substantial information was presented, DEPARTMENT OF THE INTERIOR we are required to promptly commence Will the agency consider late a review of the status of the species comments? Fish and Wildlife Service involved. After completing the status We will consider all comments that review, we will issue an additional Docket Management receives before the 50 CFR Part 17 finding (the 12–month finding) close of business on the comment determining whether listing is in fact Endangered and Threatened Wildlife closing date indicated at the beginning warranted. and Plants; 90–day Finding and of this notice under DATES. To the extent On February 7, 2000, we received a Commencement of Status Review for a possible, we will also consider petition, dated February 2, 2000, from Petition To List the Lower Kootenai comments that Docket Management American Wildlands and the Idaho River Burbot as Threatened or receives after that date. If Docket Conservation League requesting the Endangered Management receives a comment too emergency listing of Kootenai River late for us to consider in developing a AGENCY: Fish and Wildlife Service, burbot (Lota lota) in Idaho as proposed response to these glare issues, Interior. endangered and the designation of we will consider that comment as an ACTION: Notice of petition finding and critical habitat concurrent with the informal suggestion for future initiation of status review. listing. Accompanying the petition was rulemaking action. supporting information relating to SUMMARY: We, the U.S. Fish and taxonomy, ecology, biology, threats, and How can I read the comments submitted Wildlife Service, announce a 90-day past and present distribution. by other people? finding on a petition to list lower The petitioners requested listing for You may read the comments received Kootenai River burbot (Lota lota) as an the Kootenai River burbot that occur by Docket Management at the address endangered or threatened species only in Idaho; however, we believe that and times given near the beginning of pursuant to the Endangered Species Act a consideration of an ecologically based this document under ADDRESSES. of 1973, as amended. We find that the delineation of the population is needed.
VerDate 11
Our analysis addressed a population of life form). A lacustrine population was eggs are broadcast into the water burbot that is potentially isolated in the also known to spawn in the West Arm column well above the substrate. The lower Kootenai River, but has the ability of Kootenay Lake, but is now believed eggs are semi-buoyant and eventually to freely migrate between Kootenai Falls to be extirpated. Mixing is not believed settle into cracks in the substrate. Newly in Montana and Kootenay Lake in to currently occur among any of these hatched burbot drift passively in open British Columbia. In all further potentially isolated populations water until they develop the ability to references to burbot in this potentially (Paragamian, pers. comm. 2000). swim (McPhail and Paragamian, in isolated portion of the Kootenai basin in Genetic studies support the belief that draft). Young burbot initially select Montana, Idaho, and British Columbia, the adfluvial burbot that occur in shoreline areas among rocks and debris we identify this fish as the lower Kootenay Lake and Kootenai River in for feeding and habitat security. Kootenai River burbot. Idaho and British Columbia constitute Burbot prefer cold water and, during Burbot, also referred to as eelpout or the same population, and that they are summer months, move to the ling, were first described in Europe by genetically dissimilar and separate from hypolimnion (lower zone of a thermally Linnaeus in 1758 (American Fisheries the burbot above Kootenai Falls stratified lake) areas of lakes or deep Society 1991). They are a cold-water, (Paragamian et al. 1999). Tagging and water pools of large rivers (Simpson and bottom-dwelling species and the only telemetry studies performed on burbot Wallace 1982). Feeding is mostly done freshwater member of the otherwise from Kootenay Lake and the Kootenai at night, with adult burbot feeding marine cod family (Gadidae). Burbot are River in Idaho and British Columbia almost exclusively on fish. Young extremely elongate or eel-like with also support the conclusion that these burbot feed on a variety of aquatic marbled body coloration from dark olive fish are likely of the same population organisms, such as insects, amphipods, to brown on the back contrasted with (Paragamian 1995a). In addition, none of snails, and small fish (Simpson and brown or black; the sides are lighter the more than 400 burbot that have been Wallace 1982). Burbot are most active in than the back; and the belly is yellowish tagged above Kootenai Falls have ever the winter when they move great white (Simpson and Wallace 1982). been documented moving downstream distances to spawn, but are rather Burbot have a distinguishing single into Idaho or British Columbia sedentary during the non-spawning slender barbel on the chin. In the lower (Paragamian et al. 1999). seasons. Kootenai River, burbot can weigh up to Under natural conditions, burbot in In accordance with our distinct 4.5 kilograms (10 pounds) and live up the Kootenai River basin spawn under population segment (DPS) policy (61 FR to 15 years (Vaughn Paragamian, Idaho ice during the winter months in water 4721), three elements must be Department of Fish and Game, pers. temperatures below 4° C (39° F) considered in decisions regarding the comm. 2000; Burbot Recovery Strategy (Simpson and Wallace 1982). The status of a possible DPS as endangered [BRS], in draft). burbot of the lower Kootenai River that or threatened under the Act: (1) Burbot distribution is circumpolar. In spawn in Idaho generally begin discreteness of the population segment North America, the historic range migrating up the Kootenai River in in relation to the remainder of the taxon includes a majority of mainland Canada November and travel up to 120 to which it belongs; (2) significance of and several northern States from coast kilometers (75 miles) to traditional the population segment in relation to to coast (Scott and Crossman 1973; spawning sites (Paragamian, in draft). the remainder of the taxon; and (3) Simpson and Wallace 1982). Burbot that Spawning commences in early February conservation status of the population occur in the Kootenai River basin and lasts 2 to 3 weeks, as both gamete segment in relation to the Act’s exhibit three life history strategies in maturation and arrival to spawning sites standards for listing. Criteria for all several potentially isolated groups. The are highly synchronous (Arndt and three elements must be satisfied to list burbot that constitute the lower Hutchison, in draft; Eveson, in draft). a DPS. Kootenai River population spend a Most information suggests that river Discreteness refers to the separation of portion of their life in the South Arm of spawning burbot prefer low velocity a population segment from other Kootenay Lake, and then migrate up the areas in main channels or in side members of the taxon based on either (1) Kootenai River during the winter channels behind deposition bars, with physical, physiological, ecological, or months to spawn in the mainstem river the preferred substrate consisting of fine behavioral factors; or (2) international or tributary streams in British Columbia gravel, sand, or silt (Fabricius 1954 in boundaries that result in significant or Idaho (an adfluvial life form, i.e., one McPhail and Paragamian, in draft; differences in control of exploitation, that migrates from lake to river and McPail and Paragamian, in draft). habitat management, conservation tributary streams for spawning). Spawning is also known to occur in status, or regulatory mechanisms. Lower Kootenai Falls in Montana, present for small tributary streams and is generally Kootenai River burbot may be discrete approximately 10,000 years, physically believed to take place at night (Simpson in that (1) they are physically isolated isolates this population of burbot from and Wallace 1982; McPhail and from other burbot in the Kootenai River the population that occurs above the Paragamian, in draft). by a natural barrier (Kootenai Falls) and falls (Paragamian et al. 1999). Burbot Female burbot are larger than males unsuitable habitats between the two above the falls are believed to spend and, depending on their size, may populations below the falls, and are their entire lives in the river system (a produce between 50,000 and 1,500,000 believed to be behaviorally isolated fluvial life form, i.e., one that spends its eggs (Simpson and Wallace 1982). Male from those that occur in the North Arm entire life in the river or migrates from burbot typically reach sexual maturity of Kootenai Lake; (2) they are river to tributary streams for spawning). in 3 to 4 years, with females maturing genetically distinct from burbot above A burbot population also exists in Lake in 4 to 5 years (BRS, in draft). During Kootenai Falls (Paragamian et al. 1999); Koocanusa, a reservoir formed when spawning, burbot typically collect in a and (3) they may be ecologically Libby Dam was constructed near Libby, large mass referred to as a spawning isolated in that they have a different life Montana, in the early 1970s. In the ball, with one or more females in the history (adfluvial) than those above the North Arm of Kootenay Lake is a center surrounded by many males falls (fluvial) and in the lake remnant population of burbot that is (Simpson and Wallace 1982; McPhail (lacustrine). believed to spend its entire life cycle and Paragamian, in draft). There is no Significance refers to the biological within the lake ecosystem (lacustrine site preparation during spawning, and and ecological importance or
VerDate 11
contribution of a discrete population to between 1979 and 1983 was estimated the lower Kootenai River in Idaho and the species throughout its range. at about 250 fish. In Kootenay Lake, the British Columbia during winter months Examples of significance criteria used in harvest of burbot in 1969 and 1970 was were relatively stable, with flows our DPS analysis for burbot in the lower estimated to be 25,000 and 20,000 fish, ranging from roughly 125 to 200 cubic Kootenai River basin include (1) respectively (BRS, in draft). These meters per second. With wintertime persistence of the discrete population estimates represent harvest levels flows being more erratic and greatly segment in a unique or unusual throughout Kootenay Lake and include increased as a result of power peaking ecological setting; (2) evidence that loss the adfluvial and lacustrine lifeforms. and flood control, the spawning of the discrete segment would result in Concurrent with the decline of burbot in migration of burbot is disrupted. This a significant gap in the range of the Idaho was the decline in British disruption is believed to reduce taxon; (3) evidence that the discrete Columbia and, despite numerous spawning fitness, stamina, and population segment represents the only harvest regulations implemented in both spawning synchrony, as well as gamete surviving natural occurrence of the Idaho and British Columbia, burbot maturation (Paragamian, in draft). taxon that may be more abundant continued to decline and both fisheries Many studies (e.g., Paragamian 1995a; elsewhere as an introduced population were closed in the 1990s. Paragamian, in draft) since 1993 have outside of its historic range; or (4) The earliest record of burbot sampling determined that burbot movement up evidence that the discrete segment by the Idaho Department of Fish and the Kootenai River during the pre- differs markedly from other populations Game (IDFG), from the winter of 1957– spawning migration is significantly in its genetic characteristics (61 FR 58, showed that 199 burbot were greater during low flow test periods (113 4721). Lower Kootenai River burbot may collected with only a few days worth of cubic meters per second), which were be significant in that (1) the loss of this effort (Partridge 1983; Paragamian, pers. designed to replicate pre-dam potentially isolated population may comm. 2000). The nets were reported to conditions, than when Libby Dam is cause a significant gap in its range in the be full of both young and adult fish. being operated for normal water U.S., as well as eliminate their only From 1979 to 1983, IDFG personnel management and power production (383 occurrence in Idaho; and (2) they differ captured 108 burbot. They concluded to 510 cubic meters per second). The genetically from burbot that occur that the abundance of burbot was studies showed that once discharge was upstream of Kootenai Falls in Montana substantially less than in the 1950s, as increased to 510 cubic meters per (Paragamian et al. 1999). the effort in 1979 (8 burbot captured) second after the test periods, burbot The lower Kootenai River once was similar to that in 1957–58 (199 drifted back to where they were supported a significant number of burbot captured). In 1993, IDFG previously or even further downstream burbot and provided an important personnel began a follow-up study to (Paragamian 1995a; Paragamian, in winter fishery to the region. Although determine the abundance, distribution, draft). declines in burbot numbers in Idaho reproductive success, movement, and Laboratory studies have shown that and British Columbia had been possible limiting factors on the even the largest burbot cannot maintain documented as early as 1959, they were population in the lower Kootenai River. their position for more than 10 minutes still considered relatively stable through Extensive sampling effort over the last 7 in current velocities greater than 24 the 1960s. Despite fishery regulations years has resulted in the capture of only centimeters per second (Jones et al. implemented in the 1970s, the burbot 145 adult burbot at a rate of 1974). Paragamian (1995b) determined fisheries in the Idaho and British approximately 1 burbot per 30 net days that a discharge velocity of 24 Columbia portion of the basin collapsed of sampling (Paragamian pers. comm. centimeters per second in the lower after the construction of Libby Dam in 2000) Kootenai River near Copeland, Idaho, 1972. Only 145 adult burbot have been Declines in lower Kootenai River occurs when the discharge is captured in the Kootenai River in Idaho burbot appear to be most strongly approximately 255 cubic meters per and British Columbia since 1993 associated with habitat modification second, indicating that when flows are (Paragamian et al. 1999). Spawning was resulting from the construction and greater than this, burbot may have known to occur in many tributary operation of Libby Dam (Paragamian difficulty maintaining their position or streams in Idaho and likely occurred in 1993; Paragamian et al. 1999). moving upstream. the river (BRS, in draft). However, Temperature and flow changes that alter In addition to flow change, winter recent studies reveal scant evidence of spawning patterns and poor fry survival water temperature has increased by 2 to burbot reproduction in Idaho, as no due to a reduction in food productivity 3°C (4 to 5 °F) since the construction of larval fish and only one juvenile fish in the river are believed to be the Libby Dam. This temperature increase is have been captured since 1993 primary threats to burbot (Paragamian believed to influence the activity level (Paragamian and Whitman 1999). 1993; Paragamian and Whitman 1998; and location of burbot during the pre- Currently, the only tributary known to Paragamian et al. 1999). spawn migration. Prior to the support spawning burbot is the Goat Libby Dam was built for power construction of Libby Dam, many River, which is just north of the Idaho production and flood-water control in portions of the lower Kootenai River border in British Columbia (Paragamian the early 1970s. Consequently, the would freeze allowing burbot to spawn 1995a; Paragamian, in draft). seasonal characteristics of water flow under ice in water temperatures Prior to the collapse of the lower and velocity of the Kootenai River have between 1 and 3 °C (34 and 37 °F) Kootenai River burbot population in the changed markedly. During the winter, (Becker 1983 in Paragamian 1995a). 1970s, anglers reported catching more flows are now 300 percent higher than Lower Kootenai River temperatures are than 40 burbot a night during the winter natural levels (Paragamian, in draft). now 4 to 5 °C (39 to 41 °F) during the using setlines. It was estimated that the Paragamian (in draft) reported that as a winter months and many sections no annual harvest for the sport and result of power production peaking longer freeze over (Paragamian 1995a). It commercial fishery was in the tens of within any given day, discharge from has also documented that once burbot thousands of kilograms or several Libby Dam can range from 113 to 765 did ascend the Kootenai River to thousand fish annually (BRS, in draft; cubic meters per second, depending on spawning areas in Idaho, it was after the Paragamian, pers. comm. 2000). power demand. Prior to the construction spawning season, and water However, the annual harvest of burbot of Libby Dam, the natural conditions of temperatures were warmer (7 °C (45 °F))
VerDate 11
than burbot prefer for spawning. In lower Kootenai River burbot appear to regulatory mechanisms. The addition, behavior indicative of be in danger of extirpation, we do not significance of the population segment spawning was not documented. believe that the threats are so great that refers to the biological and ecological Paragamian (1995b) concluded that the extirpation is imminent. Upon receiving importance or contribution of a discrete prolonged travel time for ripe burbot the petition, we reviewed the available population to the species throughout its and the disparity between prevailing information to determine if the existing range. For additional information water temperatures and preferred and foreseeable threats posed an concerning the listing of DPSs under the spawning temperatures may preclude emergency. Consequently, we Act, please refer to our DPS policy spawning in Idaho. Since 1994, the determined that an emergency listing (February 7, 1996; 61 FR 4721). examination of five female and ten male was not warranted at this time, and we burbot (all mature) caught shortly after sent a letter to the petitioners on April If you wish to comment, you may the spawning season in the spring has 7, 2000, documenting this decision. submit your comments and materials indicated all were unspawned However, if at any time we determine concerning this finding to the (Paragamian, pers. comm. 2000). that emergency listing of lower Kootenai Supervisor, Upper Columbia River The decline in the productivity of the River burbot is warranted, we would Basin Field Office, U.S. Fish and Kootenai River and in Kootenay Lake seek to initiate an emergency listing. Wildlife Service, 11103 E. Montgomery following the construction of Libby Dam The petitioners also requested that Drive, Spokane, Washington, 99206. may also be linked to the decline of critical habitat be designated for this Our practice is to make comments, burbot. Sediment nutrients settle behind species. The designation of critical including names and home addresses of Libby Dam in Lake Koocanusa and habitat is not an action that may be respondents, available for public review reduce the nutrient loading to the river. petitioned under the Act. However, if during regular business hours. Analyses of macrozooplankton in the the 12-month finding determines that Respondents may request that we lower Kootenai River indicated that listing the lower Kootenai River burbot withhold their home address, which we there is a scarcity of important foods is warranted, then the designation of will honor to the extent allowable by such as Daphnia, Diaphanosoma, and critical habitat would be addressed in law. There also may be circumstances in Cyclops (Paragamian 1995b). the subsequent proposed rule. which we would withhold a Considering the available information, Public Information Solicited respondent’s identity, as allowable by the lower Kootenai River burbot may be law. If you wish us to withhold your discrete and significant. In addition, the When we make a finding that name or address, you must state this extensive information regarding the substantial information exists to request prominently at the beginning of population’s conservation status, indicate that listing a species may be your comment. However, we will not warranted, we are required to promptly suggests that the lower Kootenai River consider anonymous comments. To the burbot may satisfy the criteria for listing commence a review of the status of the extent consistent with applicable law, as a DPS. species. To ensure that the status review we will make all submissions from We have reviewed the petition and is complete and based on the best other available information, including available scientific and commercial organizations or businesses, and from published and unpublished agency information, we are soliciting individuals identifying themselves as reports, and information from our files. information on burbot throughout the representatives or officials of On the basis of this review, we find that entire Kootenai River basin. We request organizations or businesses, available there is sufficient information to any additional information, comments, for public inspection in their entirety. indicate that listing the lower Kootenai and suggestions from the public, other Comments and materials received will River burbot as a threatened or concerned governmental agencies, the be available for public inspection, by endangered species may be warranted. scientific community, industry, or any appointment, during normal business Declines in lower Kootenai River burbot other interested parties concerning the hours at the above address. have been most strongly associated with status of lower Kootenai River burbot. References Cited the construction and operation of Libby We are seeking information regarding Dam since the early 1970s. Discharges at historic and current distribution, habitat A complete list of all references cited the dam for power production and flood use and habitat conditions, biology and herein is available on request from the control have caused winter flows to ecology, ongoing conservation measures Upper Columbia River Basin Field increase by 300 percent. Increased water for the population and its habitat, and Office (see ADDRESSES section). temperatures and decreased food threats to the population and its habitat. productivity may also be factors In addition, we request information Author associated with the dramatic decline of relating to the designation of critical burbot. While regulatory mechanisms habitat for burbot in the lower Kootenai The primary author of this document are in place to protect burbot from River. is Scott Deeds, U.S. Fish and Wildlife harvest in the Kootenai River in Idaho Of particular interest is information Service, 11103 E. Montgomery Drive, and British Columbia, and Kootenay regarding whether the lower Kootenai Spokane, Washington, 99206. Lake, no conservation efforts currently River burbot satisfies the criteria for Authority appear to be recovering the lower listing as a DPS. This includes Kootenai River burbot population. information on the discreteness and The authority for this action is the In the information provided, the significance of the population segment. Endangered Species Act (16 U.S.C. 1531 petitioners state that the lower Kootenai Discreteness is the separation of a et seq.). River burbot are at significant risk and population segment from other members Dated: September 14, 2001. near demographic extinction, and of the taxon based on either (1) physical, requested that we protect them through physiological, ecological, or behavioral David B. Allen, emergency listing. We may issue an factors; or (2) international boundaries Acting Director, U.S. Fish and Wildlife emergency rule when an immediate that result in significant differences in Service. threat poses a significant risk to the control of exploitation, habitat [FR Doc. 01–23913 Filed 9–27–01; 8:45 am] well-being of a species. Although the management, conservation status, or BILLING CODE 4310–55–P
VerDate 11
Notices Federal Register Vol. 66, No. 189
Friday, September 28, 2001
This section of the FEDERAL REGISTER USDA/FAS–5 ROUTINE USES OF RECORDS MAINTAINED IN THE contains documents other than rules or SYSTEM, INCLUDING CATEGORIES OF USERS AND proposed rules that are applicable to the SYSTEM NAME: THE PURPOSES OF SUCH USES: FAS Child Day Care Assistance public. Notices of hearings and investigations, a. Records may be released to agency committee meetings, agency decisions and Records System. rulings, delegations of authority, filing of employees on a need-to-know basis. petitions and applications and agency SYSTEM LOCATION: b. Relevant records relating to an statements of organization and functions are Paper and electronic records will be individual may be disclosed to a examples of documents appearing in this maintained by the contractor, Federal congressional office in response to an section. Employee and Education Assistance inquiry from the congressional office Fund, Suite 200, 8441 West Bowles made at the request of that individual. Avenue, Littleton, CO 80123–9501; as DEPARTMENT OF AGRICULTURE c. Relevant information may be well as the U.S. Department of disclosed to the Office of the President Agriculture, Foreign Agricultural Foreign Agricultural Service for responding to an individual Service, Budget Division, 1400 pursuant to an inquiry from that Privacy Act of 1974: New System of Independence Avenue, SW., individual or from a third party on his/ Records Washington, DC 20250; and the Farm her behalf. Service Agency, Human Resources d. Relevant records may be disclosed AGENCY: Foreign Agricultural Service, Division, 1400 Independence Avenue, USDA. SW., Washington, DC 20250 (L Street to representatives of the National location). Achieves and Records Administration ACTION: Notice of a proposed new who are conducting records system of records. CATEGORIES OF INDIVIDUALS COVERED BY THE management inspections. SYSTEM: SUMMARY: The Foreign Agricultural e. Records may be disclosed in Service (FAS) proposes to add a new (1) Present and former employees of response to a request for discovery or for system of records to its inventory of the Foreign Agriculture Service who the appearance of a witness, to the records systems subject to the Privacy voluntarily apply for child care extent that what is disclosed is relevant Act of 1974 (5 U.S.C. 552a), as amended. assistance, their spouses, and their to the subject matter involved in a This action is necessary to meet the children who are enrolled in a licensed pending judicial or administrative requirements of the Privacy Act to child day care. proceeding. (2) Child-care providers of these publish in the Federal Register notice of f. Relevant records may be disclosed employees. the existence and character of records to the appropriate Federal, State, or systems maintained by the agency (5 CATEGORIES OF RECORDS IN THE SYSTEM: local agency responsible for U.S.C. 552a(e)(4)). Application forms for child day care investigating, prosecuting, enforcing, or DATES: The new system will be effective assistance which contain personal implementing a statute, rule, regulation, without further notice on September 28, information, including employee or order, where FAS becomes aware of 2001, except for the proposed routine (parent) name, social security number, an indication of a violation of potential uses, which will become effective on pay grade, home and work numbers, violation of civil or criminal law or November 13, 2001 unless comments addresses, total family income, spouse’s regulation. are received that would result in a name and social security number, g. Relevant records may be disclosed contrary determination. spouse’s employment information, to another Federal agency, to a court, or ADDRESSES: Send written comments to names of children on whose behalf the a party in litigation before a court or in the U.S. Department of Agriculture, employee (parent) is applying for an administrative proceeding being FSA/HRD/PMBAB STOP 0595, Attn: assistance, each applicable child’s date conducted by a Federal agency, when Sally Reed, 1400 Independence Avenue, of birth, information on child care the Government is a party to the judicial SW., Washington, DC 20250–0595. providers used (including name, or administrative proceeding. In those address, provider’s license number and FOR FURTHER INFORMATION CONTACT: cases where the Government is not a State where issued, day care cost, and USDA/FSA/HRD/PMBAB at (202) 418– party to the proceeding, relevant records provider’s tax identification number), 9000. may be disclosed if a subpoena has been amount of any other subsidies received, signed by a judge of competent SUPPLEMENTARY INFORMATION: The Child and copies of employee’s and spouse’s jurisdiction. Day Care Assistance Records System IRS Forms 1040 and 1040A for will collect family income data from h. Records may be disclosed to the verification purposes. Other records Department of Justice, or in a FAS employees for the purpose of may include the child’s social security determining their eligibility for child proceeding before a court, adjudicative number, weekly expenses, pay body, or other administrative body care assistance, and the amounts of the statements, records relating to direct assistance. It also will collect before which FAS is authorized to deposits, and verification of appear, when: information from the employee’s child qualification and administration for (1) FAS, or any component thereof; or care provider(s) for verification child care assistance. purposes, e.g., that the provider is (2) Any employee of FAS in his or her licensed. Collection of data will be by AUTHORITY FOR MAINTENANCE OF THE SYSTEM: official capacity; or assistance application forms voluntarily Pub. L. 106–58, section 643, and E.O. (3) Any employee of FAS in his or her submitted by employees. 9397. individual capacity where the
VerDate 11
Department of Justice or FAS has agreed Counsel, when requested in connection PMBAB STOP 0595, 1400 Independence to represent the employees; or with appeals, special studies of the civil Ave, SW., Washington, DC 20250–0595. (4) The United States, when FAS service and other merit systems, review determines that litigation is likely to of FAS rules and regulations, NOTIFICATION PROCEDURE: affect FAS or any of its components, is investigations and alleged or possible Individuals may submit a request on a party to litigation or has an interest in prohibited personnel practices, and whether a system contains records about such litigation, and the use of such such other functions, e.g., as them to the system manager indicated. records by the Department of Justice or promulgated in 5 U.S.C. 1205 and 1206, Individuals must furnish their full name FAS is deemed by FAS to be relevant or as may be authorized by law. and social security number for their and necessary to the litigation provided, p. Records may be disclosed to the records to be located and identified. however, that the disclosure is Equal Employment Opportunity RECORD ACCESS PROCEDURE: compatible with the purpose for which Commission when requested in Individuals wishing to request access records were collected. connection with investigations into to records about them should contact i. In the event that material in this alleged or possible discrimination the system manager indicated. system indicates a violation of law, practices in the Federal sector, Individuals must provide their full whether civil, criminal, or regulatory in compliance by Federal agencies with name and social security number for nature, and whether arising by general the Uniform Guidelines on Employee their records to be located and statute, or by regulation, rule, or order Selection Procedures or other functions identified. Individuals requesting access issued pursuant thereto, the relevant vested in the Commission and to must also follow the USDA’s Privacy records may be disclosed to the otherwise ensure compliance with the Act regulations regarding verification of appropriate agency, whether Federal, provisions of 5 U.S.C. 7201. State, local, or foreign, charged with the q. Records may be disclosed to the identity and access to records (7 CFR responsibility of investigating or Federal Labor Relations Authority or its part 1, subpart G). prosecuting such violation or charged General Counsel when requested in CONTESTING RECORD PROCEDURE: with enforcing or implementing the connection with investigations of Individuals wishing to request statute, rule, regulation, or order, issued allegations of unfair labor practices or amendment of records about them pursuant thereto. matters before the Federal Service j. Relevant records may be disclosed should contact the system manager Impasses Panel. indicated. Individuals must furnish to respond to a Federal agency’s request r. Relevant records may be disclosed made in connection with the hiring or their full name and social security to the Internal Service in connection number for their records to be located retention of an employee, the letting of with tax audit and tax record a contract or issuance of a grant, license and identified. Individuals requesting administration, as well as suspected tax amendment must also follow the or other benefit by the requesting fraud. agency, but only to the extent that the USDA’s Privacy Act regulations information disclosed is relevant and PURPOSE: regarding verification of identity and necessary to the requesting agency’s To establish and verify FAS amendment of records (7 CFR part 1, decision on the matter. employees’ eligibility for the child day subpart G). k. Relevant records may be disclosed care assistance program in order for FAS RECORD SOURCE CATEGORIES: to the Office of Management or the to provide monetary assistance to its Information is provided by FAS General Accounting Office when the employees. employees who apply for child day care information is required for evaluation of assistance. Furnishing of the the subsidy program. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND information is voluntary. l. Records may be disclosed to a DISPOSING OF RECORDS IN THE SYSTEM: contractor, expert, consultant, grantee, SYSTEM EXEMPTED FROM CERTAIN PROVISIONS or volunteer performing or working on STORAGE: OF THE ACT: a contract, service, grant, cooperative Information may be collected on None. agreement, or job for the Federal paper or electronically and may be Dated: September 20, 2001. Government requiring the use of these stored as paper forms or on computers. records. Ann M. Veneman, m. Relevant records may be disclosed RETRIEVABILITY: Secretary, U.S. Department of Agriculture. to child care providers to verify a By name; may also be cross- [FR Doc. 01–24317 Filed 9–27–01; 8:45 am] covered child’s dates of attendance at referenced to social security number. BILLING CODE 3410–10–M the providers’ facility. SAFEGUARDS: n. Records may be disclosed by FAS When not in use by an authorized in the production of summary DEPARTMENT OF AGRICULTURE person, paper records are stored in descriptive statistics and analytical locked file cabinets or secured rooms. studies in support of the function for Forest Service Electronic records are protected by the which the records are collected and use of passwords. Tongass Forest Plan Revision maintained, or for related workforce Supplemental Environmental Impact studies. While published studies do not RETENTION AND DISPOSAL: Statement contain individual identifiers, in some These records will be maintained instances the selection of elements of permanently until their official AGENCY: Forest Service, USDA. data included in the study may be retention period is established by the ACTION: Notice of intent to supplement structured in such a way as to make the Agency or the National Archives and an environmental impact statement. data individually identifiable by Records Administration. inference. SUMMARY: The Department of o. Records may be disclosed to SYSTEM MANAGER(S) AND ADDRESS: Agriculture, Forest Service, will prepare officials of the Merit Systems Protection Chief, Performance Management, a supplemental environmental impact Board or the Office of the Special Benefits and Awards Branch, FSA/HRD/ statement (SEIS) that evaluates and
VerDate 11
considers roadless areas within the conditions. The 1997 Tongass Forest the final supplemental environmental Tongass National Forest for Plan will be used as a baseline for land impact statement. recommendations as potential allocation and to reflect the No Action To assist the Forest Service in wilderness areas. The Record of alternative. A range of alternatives identifying and considering issues and Decision will disclose the Regional relative to wilderness recommendations concerns of the proposed action, Forester’s decision of whether to for all roadless areas on the Tongass comments during scoping and recommend lands on the Tongass National Forest will be developed. comments on the draft supplemental National Forest for inclusion in the Opportunities for the public to environmental impact statement should National Wilderness Preservation participate in the development of the be as specific as possible. It is also System. Those recommendations will SEIS will be provided throughout the helpful if comments refer to specific receive further review and possible process. The Forest Service will use a pages or chapters of the draft statement. modification by the Chief of the Forest combination of methods to engage and Comments may also address the Service and the Secretary of Agriculture. involve the public throughout the adequacy of the draft supplemental The Congress has reserved the authority development of the SEIS. Methods environmental impact statement or the to make final decisions on wilderness include public mailings, establishment merits of the alternatives formulated designations. of an internet webpage specific for the and discussed in the statement. DATES: A public mailing that outlines SEIS, public meetings and the news Reviewers may wish to refer to the the project timeline and public media. The SEIS team will also use Council on Environmental Quality involvement opportunities is planned information from previous public input Regulations for implementing the for distribution in September 2001. The efforts related to wilderness and procedural provisions of the National Draft SEIS is expected in January 2002 management of roadless areas on the Environmental Policy Act at 40 CFR and will begin a 9-day public comment Tongass National Forest. These include 1503.3 in addressing these points. period. Public meetings will be public comments on the 1997 Forest Comments received in response to this scheduled during the 90-day comment Plan Revision Draft EIS documents, as solicitation, including names and period. The Final SEIS and Record of well as, public input on the 2001 addresses of those who comment, will Decision are expected during the National Roadless Area Conservation be considered part of the public record Summer of 2002. Rule and the National Forest on this proposed action and will be ADDRESSES: Please send written Transportation Rule and Policy available for public inspection. correspondence to: Forest Supervisor, documents specific to the Tongass Comments submitted anonymously will Tongass National Forest, Attn: Forest National Forest. The comment period on be accepted and considered; however, Plan SEIS, 648 Mission Street, the Draft SEIS will be a minimum of 90 those who submit anonymous Ketchikan, AK 99901. days from the date the Environmental comments will not have standing to appeal the subsequent decision under FOR FURTHER INFORMATION CONTACT: Protection Agency (EPA) publishes the Questions about the SEIS should be notice of availability in the Federal 36 CFR parts 215 or 217. Additionally, directed to Larry Lunde, SEIS Team Register. A series of public meetings pursuant to 7 CFR 1.27(d), any person Leader, 648 Mission Street, Ketchikan, will be held during the 90-day public may request the agency to withhold a AK 99901. (Telephone 907–228–6303 or comment period. The Draft SEIS is submission from the public record by e-mail [email protected]) projected to be filed with the EPA in showing how the Freedom of Information Act (FOIA) permits such SUPPLEMENTARY INFORMATION: In Sierra January 2002. confidentiality. Requesters should be Club v. Lyons (J00–0009), the U.S. The Forest Service believes, at this aware that, under FOIA, confidentiality District Court, District of Alaska ordered early stage, it is important to give may be granted in only very limited the Tongass National Forest to prepare reviewers notice of several court rulings circumstances, such as to protect trade a supplemental environmental impact related to public participation in the secrets. The Forest Service will inform statement that evaluates and considers environmental review process. First, roadless areas within the Tongass for reviewers of draft environmental impact the requester of the agency’s decision recommendation as potential wilderness statements must structure their regarding the request for confidentiality, areas. The Court found that the Forest participation in the environmental and where the request is denied, the Service had violated the National Forest review of the proposal so that it is agency will return the submission and Management Act (NFMA) and the meaningful and alerts an agency to the notify the requester that the comments National Environmental Policy Act reviewer’s position and contentions. may be resubmitted with or without (NEPA) in the Forest Plan Revision by Vermont Yankee Nuclear Power Corp. v. name and address within 7 days. No permits are required for failing to consider any alternatives with NEDC, 435 U.S. 519, 553, (1978). Environmental objections that could preparation of this SEIS. new wilderness recommendations in the The Regional Forester, Alaska Region have been raised at the draft Revision Final EIS. The Forest Service of the Forest Service, Juneau, Alaska is environmental impact statement stage will provide the relative contribution to the responsible official. The responsible may be waived or dismissed by the the National Wilderness System in its official will consider the comments, courts. City of Angoon v. Hodel, 803 analysis of the management situation, response, disclosure of environmental F.2nd 1016, 1022 (9th Cir. 1986) and also included in the Court’s order. consequences, and applicable laws, The Tongass Forest Plan Revision Wisconsin Heritages, Inc. v. Harris, 490 regulations, and policies in making the examined 110 inventoried roadless F. Supp. 1334, 1338 (E.D. Wis. 1980). decision and stating the rationale in the areas for potential wilderness Because of these court rulings, it is very Record of Decision. recommendations. Each of the roadless important that those interested in this areas was analyzed and results were proposed action participate by the close Dated: September 14, 2001. recorded in Appendix C of the Analysis of the 90-day comment period so that Beth Giron Pendleton, of the Management Situation (AMS). substantive comments and objections Acting Deputy Regional Forester for Natural The SEIS will update Appendix C of the are made available to the Forest Service Resources. AMS and the Forest Plan Roadless at a time when it can meaningfully [FR Doc. 01–24267 Filed 9–27–01; 8:45 am] Inventory Map to reflect current consider them and respond to them in BILLING CODE 3410–11–M
VerDate 11
COMMITTEE FOR PURCHASE FROM underlying the certification on which impact of the additions on the current PEOPLE WHO ARE BLIND OR they are providing additional or most recent contractors, the SEVERELY DISABLED information. Committee has determined that the The following commodity and service commodities and services listed below Procurement List; Proposed Additions are proposed for addition to are suitable for procurement by the Procurement List for production by the Federal Government under 41 U.S.C. AGENCY: Committee for Purchase From nonprofit agencies listed: 46–48c and 41 CFR 51–2.4. People Who Are Blind or Severely I certify that the following action will Disabled. Commodity not have a significant impact on a ACTION: Proposed Additions to Cheesecloth substantial number of small entities. Procurement List. 8305–00–205–3558 The major factors considered for this NPA: Lions Services, Inc., Charlotte, certification were: SUMMARY: The Committee is proposing North Carolina 1. The action will not result in any to add to the Procurement List a Government Agency: GSA—General additional reporting, recordkeeping or commodity and a service to be Products Commodity Center other compliance requirements for small furnished by nonprofit agencies entities other than the small employing persons who are blind or Service organizations that will furnish the have other severe disabilities. Janitorial/Custodial commodities and services to the COMMENTS MUST BE RECEIVED ON OR Special Processing (Detention) Center Government. BEFORE: October 29, 2001. U.S. Immigration & Naturalization 2. The action will not have a severe ADDRESSES: Committee for Purchase Service economic impact on current contractors From People Who Are Blind or Severely Ramey, Puerto Rico for the commodities and services. Disabled, Jefferson Plaza 2, Suite 10800, NPA: The Corporate Source, Inc., New 3. The action will result in 1421 Jefferson Davis Highway, York, New York authorizing small entities to furnish the Arlington, Virginia 22202–3259. Government Agency: U.S. Immigration commodities and services to the FOR FURTHER INFORMATION CONTACT: & Naturalization Service Government. Sheryl D. Kennerly (703) 603–7740. Sheryl D. Kennerly, 4. There are no known regulatory SUPPLEMENTARY INFORMATION: This Director, Information Management. alternatives which would accomplish the objectives of the Javits-Wagner- notice is published pursuant to 41 [FR Doc. 01–24343 Filed 9–27–01; 8:45 am] O’Day Act (41 U.S.C. 46–48c) in U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its BILLING CODE 6353–01–P purpose is to provide interested persons connection with the commodities and an opportunity to submit comments on services proposed for addition to the the possible impact of the proposed COMMITTEE FOR PURCHASE FROM Procurement List. actions. PEOPLE WHO ARE BLIND OR Accordingly, the following If the Committee approves the SEVERELY DISABLED commodities and services are added to proposed additions, the entities of the the Procurement List: Federal Government identified in this Procurement List; Additions Commodities notice for each commodity or service AGENCY: Committee for Purchase From Envelope, Translucent will be required to procure the People Who Are Blind or Severely 7530–01–354–3982 commodity and service listed below Disabled. Soap Shipper from nonprofit agencies employing ACTION: M.R. 431 persons who are blind or have other Additions to the Procurement List. Plumber’s Helper severe disabilities. M.R. 1046 I certify that the following action will SUMMARY: This action adds to the Salad Shaker not have a significant impact on a Procurement List commodities and M.R. 11839 substantial number of small entities. services to be furnished by nonprofit The major factors considered for this agencies employing persons who are Services certification were: blind or have other severe disabilities. Grounds Maintenance, National 1. The action will not result in any EFFECTIVE DATE: October 29, 2001. Advocacy Center, 1620 Pendleton additional reporting, recordkeeping or Street, Columbia, South Carolina other compliance requirements for small ADDRESS: Committee for Purchase From People Who Are Blind or Severely Janitorial/Custodial, Andrews Air Force entities other than the small Base, Maryland organizations that will furnish the Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Janitorial/Custodial, commodity and service to the At the following Richmond, Virginia Arlington, Virginia 22202–3259. Government. Locations: 2. The action will result in FOR FURTHER INFORMATION CONTACT: 1Lt Monteith USARC authorizing small entities to furnish the Sheryl D. Kennerly (703) 603–7740. Colonel Dervishian USARC commodity and service to the SUPPLEMENTARY INFORMATION: On July Richmond AFRC Government. 27, August 3 and August 10, 2001, the Janitorial/Grounds Maintenance 3. There are no known regulatory Committee for Purchase From People At the Following Locations: alternatives which would accomplish Who Are Blind or Severely Disabled Calexico Border Station, 11150 Birch the objectives of the Javits-Wagner- published notices (66 FR 39142, 40672, Street, O’Day Act (41 U.S.C. 46–48c) in 42198) of proposed additions to the Calexico, California connection with the commodity and Procurement List. El Centro HQ Section, 1111 N. Imperial service proposed for addition to the After consideration of the material Avenue, El Centro, California Procurement List. Comments on this presented to it concerning capability of Existing El Centro Station, 1081 N. certification are invited. Commenters qualified nonprofit agencies to provide Imperial Avenue, El Centro, should identify the statement(s) the commodities and services and California
VerDate 11
Highway 111 Checkpoint, • Introductory Remarks by the Acting DEPARTMENT OF COMMERCE Mile Marker 51/Niland, Director, Census Bureau, and the Niland, California Principal Associate Director for Bureau of Export Administration Highway 86 Checkpoint, 100 Yards Programs, Census Bureau Procedures for Supporting South of Highway 78, Highway 78 • Census Bureau Responses to and Highway 86, Niland, California Documentation Committee Recommendations This action does not affect current ACTION: Proposed collection; comment contracts awarded prior to the effective • Executive Steering Committee for request. date of this addition or options that may Accuracy and Coverage Evaluation be exercised under those contracts. Policy Update SUMMARY: The Department of • Sheryl D. Kennerly, 2002 Economic Censuses Update Commerce, as part of its continuing Director, Information Management. • Census 2000 Update effort to reduce paperwork and respondent burden, invites the general [FR Doc. 01–24344 Filed 9–27–01; 8:45 am] • American Community Survey and public and other Federal agencies to BILLING CODE 6353–01–P Economic Analysis Update take this opportunity to comment on • 2010 Census Planning—Next Steps proposed and/or continuing information • E-Business Infrastructure collections, as required by the DEPARTMENT OF COMMERCE • Paperwork Reduction Act of 1995, Census 2000 Supplementary Survey Public Law 104–13 (44 U.S.C. Bureau of the Census Data Overview 3506(c)(2)(A)). • Services Sector Data: What We DATES: Written comments must be Census Advisory Committee of Have and What We Need Professional Associations submitted on or before November 27, • Census 2000 Experiments—Results 2001. AGENCY: Bureau of the Census, The agenda for the meeting on Commerce. ADDRESSES: Direct all written comments October 19, which will begin at 9 a.m. to Madeleine Clayton, DOC Paperwork ACTION: Notice of public meeting. and adjourn at 12:30 p.m., is as follows: Clearance Officer, (202) 482–3129, SUMMARY: Pursuant to the Federal • Chief Economist Update Department of Commerce, Room 6086, 14th and Constitution Avenue, NW, Advisory Committee Act (Pub. L. 92– • Interviewer Refusal Aversion 463 as amended by Pub. L. 94–409), the Washington, D.C. 20230 or via e-mail at Training [email protected]. Bureau of the Census (Census Bureau) is • giving notice of a meeting of the Census Promoting Business Response to the FOR FURTHER INFORMATION CONTACT: Advisory Committee of Professional 2002 Economic Census Requests for additional information or Associations. The Committee is • Unit Level Models for Small Area copies of the information collection composed of 36 members appointed by Estimation: Applications to Census instrument(s) and instructions should the Presidents of the American Adjustment of Small Areas and Small be directed to Dawnielle Battle, BXA Economic Association, the American Area Estimation for the American ICB Liaison, (202) 482–0637, Statistical Association, the Population Community Survey Department of Commerce, Room 6883, 14th & Constitution Avenue, NW, Association of America, and the The meeting is open to the public, Washington, DC, 20230. Chairperson of the Board of the and a brief period is set aside, during American Marketing Association. The the closing session, for public comment SUPPLEMENTARY INFORMATION: Committee advises the Acting Director, and questions. Those persons with Census Bureau, on the full range of I. Abstract Census Bureau programs and activities extensive questions or statements must Exporters will retain in their files for in relation to their areas of expertise. submit them in writing to the Census a period of five years (1) certain Bureau Committee Liaison Officer, at DATES: The meeting will convene on supporting documents that previously least three days before the meeting. October 18–19, 2001. On October 18, the accompanied the request for an export Seating is available to the public on a meeting will begin at 9 a.m. and adjourn license and then were retained by BXA, at 5:15 p.m. On October 19, the meeting first-come, first-served basis. and (2) all other records that they had will begin at 9 a.m. and adjourn at 12:30 Individuals wishing additional previously been required to keep for two p.m. information or minutes regarding this years. Also outlined are the procedures meeting may contact the Liaison Officer ADDRESSES: The meeting will take place for returning unused or partially used as well. Her address and phone number at the Sheraton Crystal City Hotel, 1800 import certificates, or their equivalent, Jefferson Davis Highway, Arlington, VA are identified under this notice’s FOR to the foreign importer. FURTHER INFORMATION CONTACT heading. 22202. II. Method of Collection This meeting is physically accessible FOR FURTHER INFORMATION CONTACT: Record retention and submission of to people with disabilities. Requests for Maxine Anderson-Brown, Chief, documents. Conference and Travel Management sign language interpretation or other Services Branch, U.S. Census Bureau, auxiliary aids should also be directed to III. Data Commerce, Room 1647, Federal the Chief, Conference and Travel OMB Number: 0694–0064. Building 3, Washington, DC 20233. Her Management Services Office. Form Number: Not applicable. phone number is 301–457–2308, TDD Dated: September 21, 2001. Type of Review: Regular submission 301–457–2540. William G. Barron, Jr., for extension of a currently approved SUPPLEMENTARY INFORMATION: The collection. Acting Director, Bureau of the Census. agenda for the meeting on October 18, Affected Public: Individuals, which will begin at 9 a.m. and adjourn [FR Doc. 01–24275 Filed 9–27–01; 8:45 am] businesses or other for-profit and not- at 5:15 p.m., is as follows: BILLING CODE 3510–07–P for-profit institutions.
VerDate 11
Estimated Number of Respondents: Department of Commerce, Room 6086, they will also become a matter of public 5,924. 14th and Constitution Avenue, NW, record. Estimated Time Per Response: 1 to 30 Washington, D.C. 20230, or via internet Dated: September 25, 2001. minutes per response. at [email protected]. Madeleine Clayton, Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: Departmental Paperwork Clearance Officer, Hours: 352 hours. Requests for additional information or Office of the Chief Information Officer. Estimated Total Annual Cost: No copies of the information collection [FR Doc. 01–24401 Filed 9–27–01; 8:45 am] start-up capital expenditures. instrument(s) and instructions should BILLING CODE 3510–33–P IV. Request for Comments be directed to Dawnielle Battle, BXA ICB Liaison, (202) 482–0637, Comments are invited on: (a) Whether Department of Commerce, Room 6883, DEPARTMENT OF COMMERCE the proposed collection of information 14th & Constitution Avenue, NW, is necessary for the proper performance Washington, DC, 20230. International Trade Administration of the functions of the agency, including SUPPLEMENTARY INFORMATION whether the information shall have practical utility; (b) the accuracy of the I. Abstract [A–570–830] agency’s estimate of the burden This collection of information is the Coumarin From the People’s Republic (including hours and cost) of the certification of the overseas importer to of China: Rescission in Whole of proposed collection of information; (c) the U.S. government that he/she will Antidumping Duty Administrative ways to enhance the quality, utility, and import specific commodities from the Review clarity of the information to be U.S. and will not reexport such collected; and (d) ways to minimize the commodities except in accordance with AGENCY: Import Administration, burden of the collection of information U.S. export regulations. International Trade Administration, on respondents, including through the U.S. Department of Commerce. use of automated collection techniques II. Method of Collection or other forms of information Requests for information, copies of SUMMARY: In response to a timely technology. documents or requirements to send request from petitioner, the Department Comments submitted in response to notifications submitted to BXA. of Commerce (the Department) initiated this notice will be summarized and/or an administrative review of the included in the request for OMB III. Data antidumping duty order on coumarin approval of this information collection; OMB Number: 0694–0093. from the People’s Republic of China they will also become a matter of public Form Number: Not applicable. (PRC). See Initiation of Antidumping record. Type of Review: Regular submission and Countervailing Duty Administrative for extension of a currently approved Reviews and Requests for Revocation in Dated: September 25, 2001. collection. Part, 66 FR 16037 (March 22, 2001). Madeleine Clayton, Affected Public: Individuals, This review covers one manufacturer/ Departmental Paperwork Clearance Officer, businesses or other for-profit and not- exporter of coumarin for the period from Office of the Chief Information Officer. for-profit institutions. February 1, 2000 through January 31, [FR Doc. 01–24400 Filed 9–27–01; 8:45 am] Estimated Number of Respondents: 2001. Because petitioner has withdrawn BILLING CODE 3510–33–P 5,775. its request for review, the Department is Estimated Time Per Response: 15 rescinding, in whole, its review of minutes per response. coumarin from the PRC in accordance DEPARTMENT OF COMMERCE Estimated Total Annual Burden with 19 CFR 351.213(d)(1). Hours: 1,144 hours. Bureau of Export Administration Estimated Total Annual Cost: No EFFECTIVE DATE: September 28, 2001. Import Certificates and End-User start-up capital expenditures. FOR FURTHER INFORMATION CONTACT: Elfi Certificates IV. Request for Comments Blum or Abdelali Elouaradia, AD/CVD Enforcement Group III, Office 7, Import Comments are invited on: (a) Whether ACTION: Proposed collection; comment Administration, International Trade request. the proposed collectionof information is Administration, U.S. Department of necessary for the proper performance of Commerce, 14th Street and Constitution SUMMARY: The Department of the functions of the agency, including Avenue, NW., Washington, DC 20230; Commerce, as part of its continuing whether the information shall have telephone (202) 482–0197 or (202) 482– effort to reduce paperwork and practical utility; (b) the accuracy of the 1374, respectively. respondent burden, invites the general agency’s estimate of the burden public and other Federal agencies to (including hours andcost) of the Applicable Statute and Regulations proposed collection of information; (c) take this opportunity to comment on Unless otherwise indicated, all ways to enhance the quality, utility, and proposed and/or continuing information citations to the Tariff Act of 1930, as clarity of the information to be collections, as required by the amended (‘‘the Act’’), are references to collected; and (d) ways to minimize the Paperwork Reduction Act of 1995, the provisions effective January 1, 1995, burden of the collection of information Public Law 104–13 (44U.S.C. the effective date of the amendments on respondents, including through the 3506(c)(2)(A)). made to the Act by the Uruguay Round use of automated collection techniques DATES: Agreements Act. In addition, unless Written comments must be or other forms of information otherwise indicated, all citations to the submitted on or before November 27, technology. Department’s regulations are to the 2001. Comments submitted in response to provisions codified at 19 CFR part 351 ADDRESSES: Direct all written comments this notice will be summarized and/or (2000). to Madeleine Clayton, DOC Paperwork included in the request for OMB Clearance Officer, (202) 482–3129, approval of this information collection; SUPPLEMENTARY INFORMATION:
VerDate 11
Background with the regulations and terms of an less-than-fair-value on May 3, 2001. See The Department published in the APO is a sanctionable violation. Notice of Preliminary Determination of Federal Register the antidumping duty This determination and notice are Sales at Less than Fair Value: Certain order on coumarin from the PRC on issued and published in accordance Hot-Rolled Carbon Steel Flat Products February 9, 1995. See Notice of with 19 CFR 351.213(d)(4) and sections from Taiwan, 66 FR 22204 (May 3, Antidumping Order: Coumarin From the 751(a)(1) and 777(i)(1) of the Act. 2001) (Preliminary Determination). In People’s Republic of China, 60 FR 7751 Dated: September 24, 2001. the Preliminary Determination, the (February 9, 1995). The Department Joseph A. Spetrini, Department collapsed China Steel and Yieh Loong (hereafter referred to as received a timely request from Deputy Assistant Secretary, AD/CVD petitioner, Rhodia Inc., to conduct an Enforcement Group III. China Steel/Yieh Loong) pursuant to § 351.401(f) of the Department’s administrative review pursuant to [FR Doc. 01–24408 Filed 9–27–01; 8:45 am] regulations for purposes of calculating a § 351.213(b) of the Department’s BILLING CODE 3510–DS–P regulations. On March 22, 2001, the weighted-average margin. For details of Department initiated an administrative the Department’s analysis, see the review covering one manufacturer/ DEPARTMENT OF COMMERCE Memorandum to Joseph Spetrini from exporter of coumarin from the PRC, Patricia Tran, April 19, 2001, a copy of Jiangsu Native Produce Import & Export International Trade Administration which is in room B–099 at the main Department of Commerce building. We Corp., Ltd. (Jiangsu). See Initiation of [A–583–835] Antidumping and Countervailing Duty gave interested parties an opportunity to Administrative Reviews and Requests Notice of Final Determination of Sales comment on the Preliminary for Revocations in Part, 66 FR 16037 at Less Than Fair Value: Certain Hot- Determination. Since the April 23, 2001 (March 22, 2001). Rolled Carbon Steel Flat Products signing of the Preliminary On June 20, 2001, petitioner timely From Taiwan Determination the following events have withdrew its request for an occurred: administrative review of coumarin from AGENCY: Import Administration, On April 23, 2001, China Steel/Yieh the PRC for Jiangsu. International Trade Administration, Loong submitted responses to the Department of Commerce. Department’s April 17 and 18, 2001 Rescission, in Whole, of Antidumping ACTION: Notice of Final Determination of supplemental questionnaires. After Duty Administrative Review of Sales at Less than Fair Value. reviewing these responses, the Coumarin Department concluded that they failed Pursuant to our regulations, the EFFECTIVE DATE: September 28, 2001. to adequately remedy or explain Department will rescind an FOR FURTHER INFORMATION CONTACT: deficiencies in earlier responses. administrative review, ‘‘if a party that Patricia Tran or Robert James at (202) Therefore, the Department cancelled the requested the review withdraws the 482–1121 and (202) 482–0649, sales and cost verifications of China request within 90 days of the date of respectively, Import Administration, Steel/Yieh Loong. See Letter to Peter publication of notice of initiation of the International Trade Administration, Koenig from Robert James, Program requested review.’’ See 19 CFR U.S. Department of Commerce, 14th Manager, Enforcement Group III, May 351.213(d)(1). This section further Street and Constitution Avenue, NW, 10, 2001. provides that the Secretary may extend Washington, DC 20230. On May 30 and 31, 2001, China Steel/ Yieh Loong submitted additional this time limit if the Secretary decides SUPPLEMENTARY INFORMATION: that it is reasonable to do so. See 19 CFR responses to the Department’s April 17 351.213(d)(1). In this case, petitioner’s The Applicable Statute and Regulations and 18, 2001 supplemental withdrawal of its request for review was Unless otherwise indicated, all questionnaires. Pursuant to section within the 90-day time limit. No other citations to the statute are references to 782(f) of the Tariff Act and 19 CFR party requested a review of this order. the provisions effective January 1, 1995, 351.302(d)(i) the Department returned Therefore, we are rescinding the the effective date of the amendments to all documents due to the untimely administrative review of coumarin for the Tariff Act of 1930 (the Tariff Act) by nature of these submissions. See Letter the period February 1, 2000 through the Uruguay Round Agreements. In to Peter Koenig from Robert James, January 31, 2001. See Memorandum for addition, unless otherwise indicated, all Program Manager, Enforcement Group the File through Barbara Tillman, citations to the Department of III, June 5, 2001. Director, from Elfi Blum, Case Analyst: Commerce (Department) regulations are On June 22, 2001, respondents and Coumarin from the People’s Republic of to the regulations at 19 CFR part 351 petitioners filed their case briefs in this China; Rescission of Antidumping (April 1, 2000). matter; both parties filed rebuttal briefs Administrative Review. The Department on June 27, 2001. The Department will issue appropriate assessment Final Determination published a postponement of the final instructions to the U.S. Customs Service We determine that certain hot-rolled determination for antidumping duty (Customs). carbon steel flat products from Taiwan investigation on July 17, 2001. See This notice serves as a reminder to are being, or are likely to be, sold in the Notice of Postponement of Final parties subject to administrative United States at less than fair value Determination for Antidumping Duty protective order (APO) of their (LTFV), as provided in section 735 of Investigation: Certain Hot-Rolled responsibility concerning the the Tariff Act. The estimated margin of Carbon Steel Flat Products from disposition of proprietary information sales are shown in the ‘‘ Continuation of Taiwan, 66 FR 37213 (July 17, 2001). disclosed under APO in accordance Suspension of Liquidation’’ section of Although the deadline for this with 19 CFR 351.305(a)(3). Timely this notice. determination was originally September written notification of the return or 17, 2001, in light of the events of destruction of APO materials or Case History September 11, 2001 and the subsequent conversion to judicial protective order is The Department published the closure of the Federal Government for hereby requested. Failure to comply preliminary determination of sales at reasons of security, the timeframe for
VerDate 11
issuing this determination has been niobium, or, 0.15 percent of vanadium, 7225.40.70.00, 7225.99.00.90, extended by four days. or, 0.15 percent of zirconium. 7226.11.10.00, 7226.11.90.30, All products that meet the physical 7226.11.90.60, 7226.19.10.00, Period of Investigation and chemical description provided 7226.19.90.00, 7226.91.50.00, The period of investigation (POI) is above are within the scope of these 7226.91.70.00, 7226.91.80.00, and October 1, 1999 through September 30, investigations unless otherwise 7226.99.00.00. Subject merchandise 2000. excluded. The following products, by may also enter under 7210.70.30.00, Scope of Investigation way of example, are outside or 7210.90.90.00, 7211.14.00.30, specifically excluded from the scope of 7212.40.10.00, 7212.40.50.00, and For purposes of these investigations, these investigations: 7212.50.00.00. Although the HTSUS the products covered are certain hot- • Alloy hot-rolled steel products in subheadings are provided for rolled carbon steel flat products of a which at least one of the chemical convenience and U.S. Customs rectangular shape, of a width of 0.5 inch elements exceeds those listed above purposes, the written description of the or greater, neither clad, plated, nor (including, e.g., American Society for merchandise under investigation is coated with metal and whether or not Testing and Materials (ASTM) dispositive. painted, varnished, or coated with specifications A543, A387, A514, A517, Analysis of Comments Received plastics or other non-metallic A506). substances, in coils (whether or not in • Society of Automotive Engineers All issues raised in the case and successively superimposed layers), (SAE)/American Iron & Steel Institute rebuttal briefs by parties to this regardless of thickness, and in straight (AISI) grades of series 2300 and higher. antidumping duty investigation are lengths of a thickness of less than 4.75 • Ball bearing steels, as defined in the addressed in the ‘‘Issues and Decision mm and of a width measuring at least HTSUS. Memorandum’’ (Decision 10 times the thickness. Universal mill • Tool steels, as defined in the Memorandum) from Joseph A. Spetrini, plate (i.e., flat-rolled products rolled on HTSUS. Deputy Assistant Secretary, Import four faces or in a closed box pass, of a • Silico-manganese (as defined in the Administration, to Faryar Shirzad, width exceeding 150 mm, but not HTSUS) or silicon electrical steel with Assistant Secretary for Import exceeding 1250 mm, and of a thickness a silicon level exceeding 2.25 percent. Administration, dated September 19, of not less than 4.0 mm, not in coils and • ASTM specifications A710 and 2001, which is hereby adopted by this without patterns in relief) of a thickness A736. notice. A list of the issues which parties not less than 4.0 mm is not included • USS abrasion-resistant steels (USS have raised and to which we have within the scope of these investigations. AR 400, USS AR 500). responded, all of which are in the Specifically included within the • All products (proprietary or Decision Memorandum, is attached to scope of these investigations are otherwise) based on an alloy ASTM this notice as an appendix. Parties can vacuum degassed, fully stabilized specification (sample specifications: find a complete discussion of all issues (commonly referred to as interstitial-free ASTM A506, A507). raised in this review and the (IF)) steels, high strength low alloy • Non-rectangular shapes, not in corresponding recommendations in this (HSLA) steels, and the substrate for coils, which are the result of having public memorandum which is on file in motor lamination steels. IF steels are been processed by cutting or stamping room B–099 of the Department of recognized as low carbon steels with and which have assumed the character Commerce building. In addition, a micro-alloying levels of elements such of articles or products classified outside complete version of the Decision as titanium or niobium (also commonly chapter 72 of the HTSUS. Memorandum can be accessed directly referred to as columbium), or both, The merchandise subject to these on the internet at www.ia.ita.doc.gov. added to stabilize carbon and nitrogen investigations is classified in the The paper copy and electronic version elements. HSLA steels are recognized as HTSUS at subheadings: 7208.10.15.00, of the Decision Memorandum are steels with micro-alloying levels of 7208.10.30.00, 7208.10.60.00, identical in content. elements such as chromium, copper, 7208.25.30.00, 7208.25.60.00, niobium, vanadium, and molybdenum. 7208.26.00.30, 7208.26.00.60, Use of Facts Available The substrate for motor lamination 7208.27.00.30, 7208.27.00.60, On January 4, 2001, the Department steels contains micro-alloying levels of 7208.36.00.30, 7208.36.00.60, issued its antidumping duty elements such as silicon and aluminum. 7208.37.00.30, 7208.37.00.60, questionnaire to China Steel/Yieh Steel products to be included in the 7208.38.00.15, 7208.38.00.30, Loong. On February 2, 2001, the scope of these investigations, regardless 7208.38.00.90, 7208.39.00.15, Department received from China Steel of definitions in the Harmonized Tariff 7208.39.00.30, 7208.39.00.90, and Yieh Loong the response to section Schedule of the United States (HTSUS), 7208.40.60.30, 7208.40.60.60, A of the questionnaire. On February 15, are products in which: (i) Iron 7208.53.00.00, 7208.54.00.00, 2001 and February 21, 2001, the predominates, by weight, over each of 7208.90.00.00, 7211.14.00.90, petitioners filed comments on the the other contained elements; (ii) the 7211.19.15.00, 7211.19.20.00, section A responses of China Steel/Yieh carbon content is 2 percent or less, by 7211.19.30.00, 7211.19.45.00, Loong. On February 27, 2001, the weight; and (iii) none of the elements 7211.19.60.00, 7211.19.75.30, Department issued a supplemental listed below exceeds the quantity, by 7211.19.75.60, and 7211.19.75.90. questionnaire for China Steel/Yieh weight, respectively indicated: 1.80 Certain hot-rolled carbon steel flat Loong’s Section A response. The percent of manganese, or, 2.25 percent products covered by these companies submitted their responses on of silicon, or, 1.00 percent of copper, or, investigations, including: vacuum March 20, 2001. China Steel made 0.50 percent of aluminum, or, 1.25 degassed fully stabilized; high strength additional submissions in follow-up to percent of chromium, or, 0.30 percent of low alloy; and the substrate for motor its March 20, 2001 response on March cobalt, or, 0.40 percent of lead, or, 1.25 lamination steel may also enter under 21 and March 26, 2001. percent of nickel, or, 0.30 percent of the following tariff numbers: China Steel/Yieh Loong filed their tungsten, or, 0.10 percent of 7225.11.00.00, 7225.19.00.00, sections B, C, and D responses on molybdenum, or, 0.10 percent of 7225.30.30.50, 7225.30.70.00, February 26, 2001. On March 6, 2001,
VerDate 11
petitioners submitted comments on the Program Manager Enforcement Group reaching the applicable determination; sections B, C, and D responses of China III, June 5, 2001. (4) the interested party has Steel/Yieh Loong. The Department As mentioned above, we determined demonstrated that it acted to the best of issued supplemental questionnaires to that these two companies are affiliated its ability; and (5) the information can China Steel/Yieh Loong regarding its under section 771(33)(E) of the Tariff be used without undue difficulties. sections B and C responses on March Act. Further, China Steel and Yieh Finally, section 776(b) of the Tariff 15, 2001. On April 3, 2001, China Steel/ Loong were collapsed and treated as a Act provides that the Department may Yieh Loong filed its supplemental single producer under section 351.401(f) use an inference adverse to the interests sections B and C responses. However, of the Department’s regulations for of a party that has failed to cooperate by China Steel’s submission failed to purposes of calculating a weighted- not acting to the best of its ability to correct the deficiencies the Department average margin. See Memorandum from comply with the Department’s requests detailed in its supplemental Patricia Tran to Joseph Spetrini, April for information. See also Statement of questionnaire, i.e., missing product 19, 2001. Administrative Action (SAA) characteristics and downstream sales, Section 776(a)(2) of the Tariff Act accompanying the URAA, H.R. Rep. No. and Yieh Loong’s submission failed to provides that, if an interested party (A) 103–316 at 870 (1994). provide narratives and supporting withholds information that has been For the reasons discussed below, the documentation for all expenses and requested by the Department; (B) fails to Department determines that, in adjustments for its downstream sales. provide such information in a timely accordance with sections 776(a)(2)(B) On March 16, 2001, petitioners manner or in the form or manner and 776(b) of the Tariff Act, the use of submitted additional comments requested subject to sections 782(c)(1) adverse facts available is appropriate for regarding China Steel’s section D and (e) of the Act; (C) significantly the final determination for China Steel/ response. On March 21, 2001, impedes a proceeding under the Yieh Loong. petitioners filed additional comments antidumping statute; or (D) provides We determine pursuant to sections regarding Yieh Loong’s Section D such information but the information 776(a)(2)(A), (B), and (C) that China response. The Department issued cannot be verified, the Department Steel has withheld information supplemental questionnaires concerning shall, subject to subsection 782(d) of the requested by the Department, failed to China Steel’s and Yieh Loong’s section Tariff Act, use the facts otherwise supply such information by the D response on March 21, 2001. The available in reaching the applicable applicable deadlines and has Department received the responses to determination. significantly impeded this proceeding. these supplemental questionnaires on Section 782(c)(1) of the Tariff Act In each of its three submissions China April 9, 2001. provides that if an interested party, Steel failed to provide complete sales On April 17 and April 18, 2001, the ‘‘promptly after receiving a request from and cost questionnaire responses. In its Department issued its third (the Department) for information, initial and supplemental responses, questionnaire to China Steel/Yieh Loong notifies (the Department) that such party China Steel failed to provide the regarding its sections B, C and D is unable to submit the information information requested in the responses. In these questionnaires the requested in the requested form and Department’s January 4, 2001 Department, again, requested China manner, together with a full explanation antidumping questionnaire, the March Steel to provide missing product and suggested alternative form in which 15, 2001 sections B and C supplemental characteristics and downstream sales such party is able to submit the questionnaire, and the March 21, 2001 information. In addition, this was the information,’’ the Department may supplemental section D questionnaires. Department’s third request to Yieh modify the requirements to avoid Additionally, Yieh Loong failed to Loong for its downstream sales’ imposing an unreasonable burden on provide a narrative and supporting narrative and supporting documentation that party. documentation for its downstream sales. of all expenses and adjustments. On Also, section 782(d) of the Tariff Act In the next section, we discuss the April 23, 2001, China Steel/Yieh Loong provides that, if the Department particular deficiencies identified in submitted responses to the Department’s determines that a response to a request China Steel/Yieh Loong’s three April 17 and 18, 2001 supplemental for information does not comply with responses. We note that China Steel/ questionnaire. After reviewing these the request, the Department will inform Yieh Loong never requested any responses, the Department concluded the person submitting the response of modification of the reporting that China Steel/Yieh Loong failed to the nature of the deficiency and shall, requirements under section 782(c). adequately remedy or explain to the extent practicable, provide that Indeed, it repeatedly told the deficiencies in earlier responses, and person the opportunity to remedy or Department that the missing failed to provide vital data previously explain the deficiency. If that person information would be forthcoming. The required by the Department. Therefore, submits further information that Department informed China Steel/Yieh the Department cancelled the sales and continues to be unsatisfactory, or this Loong that its submission was deficient, cost verifications of China Steel/Yieh information is not submitted within the and provided it with specific deficiency Loong. See Letter to Peter Koenig from applicable time limits, the Department questions which it failed to answer. Robert James, Program Manager, may, subject to section 782(e), disregard Finally, pursuant to section 782(e) the Enforcement Group III, May 10, 2001. all or part of the original and subsequent Department finds that the sales On May 30 and 31, 2001, China Steel/ responses, as appropriate. information China Steel/Yieh Loong did Yieh Loong submitted additional Additionally, section 782(e) of the provide, absent the missing sales responses to the Department’s April 17 Tariff Act states that the Department information, was too incomplete to form and 18, 2001 supplemental shall not decline to consider a reliable basis for making a questionnaires. Pursuant to section information deemed ‘‘deficient’’ under determination and that China Steel/Yieh 782(f) of the Tariff Act and 19 CFR section 782(d) if: (1) The information is Loong has not acted to the best of its 351.302(d)(i) the Department returned submitted by the established deadline; ability in providing information. all documents due to the untimely (2) the information can be verified; (3) Finally, in light of our finding that nature of these submissions. See Letter the information is not so incomplete China Steel/Yieh Loong has not to Peter Koenig from Robert James, that it cannot serve as a reliable basis for cooperated by acting to the best of its
VerDate 11
ability, as evidenced by its failure to Department requested respondent to calculating a dumping margin. The provide the information repeatedly document the total quantity of subject principal deficiency was the failure to requested nor to provide any proof that merchandise sold to all affiliated parties report certain product characteristics on it was unable to provide such (regardless of whether subject particular types of sales, e.g., quality, information, the Department has drawn merchandise was later further processed carbon content, yield strength, an adverse inference in selecting the by affiliates). China Steel failed to thickness, and width. These deficiencies facts available under section 776(b). provide such information. affected a significant share of China The Department concluded from Deficiencies in the Sales Response Steel’s home market sales of prime China Steel’s February 26, 2001 home merchandise that could be matched to For the reasons discussed below, we market sales data that it coded sales to U.S. sales, including both sales to its find that the use of facts available is Yieh Loong, Yieh Phui, and Yieh Hsing unaffiliated customers and to its warranted under section 776(a)(2) in as sales to unaffiliated parties. China affiliates Yieh Phui, Yieh Hsing, and light of the significant missing Steel owns a substantial percentage of China Steel Global. The absence of the information from China Steel/Yieh Yieh Loong, and Yieh Loong noted five characteristics for numerous Loong’s sales responses. Our analysis of acknowledged that Yieh Phui, Yieh sales limits the ability to compare this sales response found deficiencies Hsing, and Persistence Hi-Tech are properly sales made to the U.S. market that preclude us from ensuring that affiliated entities. See Affiliated to sales made in the home market due products sold in the U.S. market are Resellers Memorandum, April 19, 2001. to the uniqueness of each characteristic. accurately matched to identical or most The Department determined that China Quality, carbon content, and yield similar products sold in the home Steel’s sales to Yieh Loong, Yieh Phui, strength will determine the performance market. Without properly matching and Yieh Hsing are to affiliated parties characteristics of a given steel product products sold in the U.S. and home and constituted more than five percent and are critical physical characteristics, markets, we cannot accurately identify of China Steel’s February 26, 2001 home which will significantly affect the cost similar matches and, as appropriate, market sales observations. On March 15, of production and pricing of various calculate an accurate difference in 2001, the Department issued its steel products. Width and thickness are merchandise (DIFMER) adjustment to supplemental sections B and C physical characteristics that also affect account for the differences in the questionnaire, reiterating that China pricing of the product, due in part to products being matched. Moreover, Steel must report all affiliated parties’ costs associated with producing without accurate product resale information (Yieh Loong, China material with different dimensional characteristics, we are unable to assign Steel Chemical, China Steel Global, characteristics, and these characteristics costs with any degree of confidence and Yieh Phui, and Yieh Hsing) to the first also affect the cost of production, since are, therefore, unable to determine if unaffiliated party. We note that our thinner or narrower products require home market sales were made at prices subsequent finding that China Steel and additional processing. This information below the cost of production. Yieh Loong should be treated as the is required to calculate a difference-in- Ultimately, lacking the information in same entity meant that we no longer merchandise adjustment when price-to- question, the Department is unable to needed the sales from China Steel to price comparisons involve similar, but calculate an accurate dumping margin Yieh Loong; however, that finding did not identical, models. China Steel’s which meets the requirements of the not diminish the need for affiliated failure to provide complete physical statute. parties’ resale information for China characteristics for its home market Since these functions are essential Steel Chemical, China Steel Global, merchandise precluded the Department elements to a dumping analysis, we find Yieh Phui, Yieh Hsing, and Persistence from performing its normal cost and that China Steel’s responses cannot Hi-Tech. serve as a reliable basis for this China Steel/Yieh Loong’s April 23, price analysis. preliminary determination. Specifically, 2001 response provided incomplete, China Steel has contended that all China Steel/Yieh Loong failed to deficient, and inconsistent affiliated- sales which are missing such provide: (1) Complete and adequate party resales information. Moreover, characteristics are so-called ‘‘leeway’’ affiliated parties’ resale information; Yieh Loong’s April 23, 2001 submission sales. When China Steel manufactures and (2) complete and accurate product failed to contain narratives and products to a customer’s specifications, characteristics. supporting documentation for all it often produces somewhat more than expenses and adjustments of its it needs to meet the customer’s needs. 1. Affiliated Parties’ Resale downstream sales. China Steel only This remainder is put into inventory for On January 4, 2001, the Department reported downstream sales by Yieh subsequent sale to other customers. requested China Steel to provide Loong, Yieh Phui, and Yieh Hsing, Thus, China Steel’s characterizations to affiliated parties’ resale information if made after February 21, 2000. As the the contrary notwithstanding, the sales to affiliates constituted more than questionnaire clearly indicates, the merchandise in question is not five percent of total home market sales. period of investigation is October 1, ‘‘secondary’’ quality merchandise which On January 19, 2001, China Steel 1999 through September 30, 2000. should not be matched to prime quality requested that it be excused from Therefore a significant number of merchandise. The merchandise in reporting home market resales by downstream sales have not been question is prime quality; it has simply affiliates. China Steel stated that sales to provided. China Steel’s April 3, 2001 not been purchased by the customer to its affiliates, China Steel Global Trading narrative states that it does not control whose specifications it was originally Corporation (China Steel Global) and Yieh Phui and Yieh Hsing; however, it produced. Moreover, although China China Steel Chemical Corporation has provided no evidence of the steps it Steel has claimed that it does not have (China Steel Chemical), constituted less took to obtain this information. the characteristics in question, China than five percent of total home market Steel has not explained how it could sales. On January 29, 2001, the 2. Physical Product Characteristics sell steel without knowing such Department replied, stating that we The Department found other fundamental characteristics as the width could not make a determination based deficiencies that made China Steel’s and thickness of the steel. In the on the information provided. The submission unusable for purposes of Department’s experience, hot-rolled
VerDate 11
steel customers demand to know all of sales. Without this information, the the final determination is affirmative, the physical characteristics in the Department cannot identify home the Commission will, within 45 days, Department’s hierarchy in order to be market sales of identical or most similar determine whether these imports are sure that the product they are products, thus rendering its entire home materially injuring, or threaten material purchasing will meet the demands of market database unusable. Nor can we injury to, the U.S. industry. If the their intended application. Even for an properly perform a cost test for home Commission determines that material application as simple as covering a hole market sales. injury or threat of material injury does in the street, a customer must know the Because the deficiencies in China not exist, the proceeding will be thickness and width in order to be sure Steel/Yieh Loong’s responses affect a terminated and all securities posted will that the hole will be covered and the significant portion of its responses, its be refunded or canceled. If the steel will not bend. data is unusable for purposes of Commission determines that such injury China Steel has not reported the calculating a margin. Accordingly, for does exist, the Department will issue an product characteristics of quality, the purpose of this final determination, antidumping duty order directing the carbon, yield strength, thickness, and we have assigned as adverse facts Customs Service to assess antidumping width on a significant percentage of its available the highest margin from the duties on all imports of the subject home market sales; thus, none of these antidumping petition as recalculated by merchandise entered, or withdrawn sales data can be used for cost tests, the Department. See Notice of Initiation from warehouse, for consumption on or model match, or price comparisons. of Antidumping Duty Investigations: after the effective date of the suspension Yieh Loong, Yieh Phui, and Yieh Hsing Certain Hot-Rolled Carbon Steel Flat of liquidation. resold merchandise purchased from Products from Argentina, India, Notification Regarding APO China Steel without any further Indonesia, Kazakhstan, the Netherlands, processing; therefore, the same the People’s Republic of China, This notice also serves as a reminder deficiency affecting China Steel’s sales Romania, South Africa, Taiwan, to parties subject to administrative to its affiliates carries through to the Thailand, Ukraine, 65 FR 77568 protective order (APO) of their resales by affiliates. Because China (December 12, 2000). responsibility concerning the Steel’s sales to affiliates constituted disposition of proprietary information approximately one-fifth of its total home All Others Rate disclosed under APO in accordance market sales observations, its affiliated Pursuant to section 735(5)(B) of the with 19 CFR 351.305. Timely parties’ resale product characteristics Tariff Act, the estimated ‘‘all-others’’ notification of return/destruction of are severely incomplete. Sales of rate is equal to the average of the APO materials or conversion to judicial merchandise with the missing model dumping margins calculated in the protective order is hereby requested. characteristics constitute more than half antidumping duty petition as Failure to comply with the regulations of Yieh Loong’s, Yieh Phui’s, and Yieh recalculated by the Department. See and the terms of an APO is a Hsing’s reported resales. Furthermore, Preliminary Determination at 22208. sanctionable violation. the unaffiliated party sales are similarly This determination is issued and affected. Sales of prime merchandise Continuation of Suspension of published pursuant to section 735(d) with the missing product characteristics Liquidation and 777(i)(1) of the Tariff Act. totaled nearly one-fifth of total home In accordance with section Dated: September 21, 2001. market sales observations by China Steel 735(c)(1)(B) of the Tariff Act, we are Faryar Shirzad, to unaffiliated companies, and more directing the Customs Service to Assistant Secretary for Import than eight percent of the reported home continue to suspend the liquidation of Administration. market sales of China Steel/Yieh Loong. all entries of hot-rolled carbon steel flat Appendix Adverse Inferences products from Taiwan that are entered, or withdrawn from warehouse, for Comments and Responses Pursuant to section 776(b) of the consumption on or after May 3, 2001, 1. Collapsing of China Steel and Yieh Tariff Act, we find that China Steel the date of publication of the failed to cooperate to the best of its Loong Preliminary Determination in the 2. Affiliation ability because it repeatedly ignored the Federal Register. The Customs Service 3. Time to Respond to Request for Department’s instructions to submit shall continue to require a cash deposit Information accurate downstream sales data as or the posting of a bond equal to the 4. Application of Facts Available & demonstrated by its selective weighted average dumping margin, as Adverse Facts Available submission of China Steel’s affiliates’ indicated in the chart below. These cash [FR Doc. 01–24409 Filed 9–27–01; 8:45 am] data, and never provided alternatives or deposit instructions will remain in BILLING CODE 3510–DS–P reasonable explanations for why it effect until further notice. could not report all downstream sales. Further, without this data, the Margin DEPARTMENT OF COMMERCE information regarding home market Manufacturer/exporter (percent) sales is unusable. In addition, a International Trade Administration significant quantity of China Steel’s China Steel Corporation (in- 29.14 [A–549–817] home market sales are made through cluding Yieh Loong). affiliates. Without this information the An Feng Steel Co., Ltd ...... 29.14 All Others ...... 20.28 Notice of Final Determination of Sales Department’s ability to calculate an at Less Than Fair Value; Certain Hot- accurate dumping margin would be International Trade Commission Rolled Carbon Steel Flat Products severely hindered. From Thailand Moreover, we also find that China Notification Steel failed to cooperate to the best of In accordance with section 735(d) of AGENCY: Import Administration, its ability because it repeatedly ignored the Tariff Act, we have notified the International Trade Administration, the Department’s instructions to submit International Trade Commission (the Department of Commerce. complete physical characteristics for its Commission) of the determination. As EFFECTIVE DATE: September 28, 2001.
VerDate 11
FOR FURTHER INFORMATION CONTACT: Thailand and South Africa, 66 FR Spetrini, Deputy Assistant Secretary, Angelica Mendoza or Nancy Decker at 31888 (June 13, 2001). Import Administration, to Faryar (202) 482–3019 or (202) 482–0196, The Department verified sections A– Shirzad, Assistant Secretary for Import respectively; Antidumping and C of SSI’s responses from May 14, 2001 Administration, dated September 21, Countervailing Duty Enforcement Group through May 21, 2001, at SSI’s 2001, which is hereby adopted by this III, Import Administration, International administrative headquarters in Bangkok, notice. A list of the issues which parties Trade Administration, U.S. Department Thailand and at its production facility have raised and to which we have of Commerce, 14th Street and in Bangsaphan, Thailand. The responded, all of which are in the Constitution Avenue, NW., Washington, Department also verified section D of Decision Memorandum, is attached to DC 20230. SSI’s response from May 28, 2001 this notice as an Appendix. Parties can through June 1, 2001, at SSI’s find a complete discussion of all issues The Applicable Statute and Regulations administrative headquarters. See raised in this review and the Unless otherwise indicated, all Memorandum For the File; ‘‘Sales corresponding recommendations in this citations to the statute are references to Verification of Sections A–C public memorandum which is on file in the provisions effective January 1, 1995, Questionnaire Responses—SSI’’, July B–099. the effective date of the amendments 11, 2001 (Sales Verification Report) and In addition, a complete version of the made to the Tariff Act of 1930 (the Act) Memorandum to Neal Halper, Director, Decision Memorandum can be accessed by the Uruguay Round Agreements Act. Office of Accounting; ‘‘Verification of directly on the World Wide Web at In addition, unless otherwise indicated, the Cost of Production and Constructed www.ia.ita.doc.gov/frn. The paper copy all citations to the Department of Value Data-SSI,’’ July 10, 2001 (Cost and electronic version of the Decision Commerce (Department) regulations are Verification Report). Public versions of Memorandum are identical in content. to the regulations at 19 CFR part 351 these, and all other Departmental Scope of Investigation (April 2000). memoranda referred to herein, are on For purposes of this investigation, the Final Determination file in the Central Records Unit, room B–099 of the main Commerce building. products covered are certain hot-rolled We determine that certain hot-rolled On May 23, 2001, some petitioners carbon steel flat products of a carbon steel flat products (HR) from (Bethlehem Steel Corporation, LTV rectangular shape, of a width of 0.5 inch Thailand are being sold, or are likely to Steel Company, Inc., National Steel or greater, neither clad, plated, nor be sold, in the United States at less than Corporation, and United States Steel coated with metal and whether or not fair value (LTFV), as provided in section LLC (formerly known as ‘‘U.S. Steel painted, varnished, or coated with 735 of the Act. The estimated margins Group (a Unit of USX Corporation)’’) plastics or other non-metallic of sales at LTFV are shown in the requested a public hearing. The substances, in coils (whether or not in ‘‘Suspension of Liquidation’’ section of remaining petitioners (IPSCO Steel Inc., successively superimposed layers), this notice. Gallatin Steel Company, Nucor regardless of thickness, and in straight lengths of a thickness of less than 4.75 Case History Corporation, Steel Dynamics, Inc., Weirton Steel Corporation, and the mm and of a width measuring at least We published in the Federal Register Independent Steelworkers Union) also 10 times the thickness. Universal mill the preliminary determination in this requested a public hearing on June 1, plate (i.e., flat-rolled products rolled on investigation on May 3, 2001. See 2001. In addition, on June 4, 2001, SSI four faces or in a closed box pass, of a Notice of Preliminary Determination of requested a public hearing. On July 24, width exceeding 150 mm, but not Sales at Less Than Fair Value: Certain 2001 the petitioners which first exceeding 1250 mm, and of a thickness Hot-Rolled Carbon Steel Flat Products requested a hearing and SSI withdrew of not less than 4.0 mm, not in coils and from Thailand, 66 FR 22199 (May 3, their requests for a public hearing. On without patterns in relief) of a thickness 2001) (Preliminary Determination). July 26, 2001, the remaining petitioners not less than 4.0 mm is not included Since the publication of the Preliminary withdrew their request for a public within the scope of this investigation. Determination the following events have hearing. On July 25, 2001, we received Specifically included within the scope occurred. case briefs from SSI and petitioners. We of this investigation are vacuum On May 1, 2001, Sahaviriya Steel received rebuttal briefs from all parties degassed, fully stabilized (commonly Industries Public Co., Ltd. (SSI), the sole on July 30, 2001. referred to as interstitial-free (IF)) steels, responding company in this Although the deadline for this high strength low alloy (HSLA) steels, investigation, requested that the determination was originally September and the substrate for motor lamination Department postpone its final 17, 2001, in light of the events of steels. IF steels are recognized as low determination until not later than 135 September 11, 2001 and the subsequent carbon steels with micro-alloying levels days after the date of the publication of closure of the Federal Government for of elements such as titanium or niobium the preliminary determination in the reasons of security, the timeframe for (also commonly referred to as Federal Register and requested an issuing this determination has been columbium), or both, added to stabilize extension of the provisional measures. extended by four days. carbon and nitrogen elements. HSLA On June 4, 2001, we extended the final steels are recognized as steels with determination until not later than 135 Period of Investigation micro-alloying levels of elements such days after the publication of the The period of investigation (POI) is as chromium, copper, niobium, preliminary determination in the October 1, 1999 through September 30, vanadium, and molybdenum. The Federal Register. See Notice of 2000. substrate for motor lamination steels Postponement of Final Antidumping contains micro-alloying levels of Duty Determination: Certain Hot Rolled Analysis of Comments Received elements such as silicon and aluminum. Carbon Steel Flat Products from All issues raised in the case and Steel products to be included in the Thailand and Notice of Postponement rebuttal briefs by parties to this scope of this investigation, regardless of of Final Countervailing Duty investigation are addressed in the definitions in the Harmonized Tariff Determinations: Certain Hot Rolled ‘‘Issues and Decision Memorandum’’ Schedule of the United States (HTS), are Carbon Steel Flat Products from (Decision Memorandum) from Joseph A. products in which: (i) iron
VerDate 11
predominates, by weight, over each of 7208.53.00.00, 7208.54.00.00, SSI the other contained elements; (ii) the 7208.90.00.00, 7211.14.00.90, In accordance with section 776 of the carbon content is 2 percent or less, by 7211.19.15.00, 7211.19.20.00, Act, we have determined that the use of weight; and (iii) none of the elements 7211.19.30.00, 7211.19.45.00, facts available is appropriate for certain listed below exceeds the quantity, by 7211.19.60.00, 7211.19.75.30, portions of our analysis of SSI. For a weight, respectively indicated: 7211.19.75.60, and 7211.19.75.90. discussion of our determination with 1.80 percent of manganese, or Certain hot-rolled flat-rolled carbon respect to these matters, see the 2.25 percent of silicon, or steel flat products covered by this Decision Memorandum. 1.00 percent of copper, or investigation, including: Vacuum 0.50 percent of aluminum, or degassed fully stabilized; high strength Suspension of Liquidation 1.25 percent of chromium, or low alloy; and the substrate for motor Pursuant to section 735(c)(1)(B) of the 0.30 percent of cobalt, or lamination steel may also enter under Act, we are instructing Customs to 0.40 percent of lead, or the following tariff numbers: continue to suspend liquidation of all 1.25 percent of nickel, or 7225.11.00.00, 7225.19.00.00, entries of HR products from Thailand 0.30 percent of tungsten, or 7225.30.30.50, 7225.30.70.00, that are entered, or withdrawn from 0.10 percent of molybdenum, or 7225.40.70.00, 7225.99.00.90, warehouse, for consumption on or after 0.10 percent of niobium, or 7226.11.10.00, 7226.11.90.30, May 3, 2001, the date of publication of 0.15 percent of vanadium, or 7226.11.90.60, 7226.19.10.00, the Preliminary Determination. 0.15 percent of zirconium. 7226.19.90.00, 7226.91.50.00, Article VI.5 of the General Agreement All products that meet the physical 7226.91.70.00, 7226.91.80.00, and on Tariffs and Trade (GATT 1994) and chemical description provided 7226.99.00.00. Subject merchandise provides that ‘‘[n]o product * * * shall above are within the scope of this may also enter under 7210.70.30.00, be subject to both antidumping and investigation unless otherwise 7210.90.90.00, 7211.14.00.30, countervailing duties to compensate for excluded. The following products, by 7212.40.10.00, 7212.40.50.00, and the same situation of dumping or export way of example, are outside or 7212.50.00.00. Although the HTS subsidization.’’ This provision is specifically excluded from the scope of subheadings are provided for implemented in section 772(c)(1)(C) of this investigation: convenience and U.S. Customs the Tariff Act. Since antidumping duties • Alloy hot-rolled steel products in purposes, the written description of the cannot be assessed on the portion of the which at least one of the chemical merchandise under investigation is margin attributed to export subsides elements exceeds those listed above dispositive. there is no reason to require a cash (including, e.g., ASTM specifications Changes Since the Preliminary deposit or bond for that amount. The A543, A387, A514, A517, A506). Determination Department has determined in its Final • Society of Automotive Engineers Affirmative Countervailing Duty (SAE)/American Iron and Steel Institute Based on our analysis of comments Determination: Certain Hot-Rolled (AISI) grades of series 2300 and higher. received and findings at verification, we Carbon Steel Flat Products from • Ball bearings steels, as defined in have made certain changes in the Thailand that the product under the HTS. margin calculations. These changes are investigation benefitted from export • Tool steels, as defined in the HTS. noted in various sections of the Decision subsidies. Normally, where the product • Silico-manganese (as defined in the Memorandum, accessible in B–099 and under investigation is also subject to a HTS) or silicon electrical steel with a on the Web at www.ia.ita.doc.gov/frn. concurrent countervailing duty silicon level exceeding 2.25 percent. Use of Facts Available investigation, we instruct the Customs • ASTM specifications A710 and Service to require a cash deposit or A736. SSM posting of a bond equal to the weighted- • USS Abrasion-resistant steels (USS In the preliminary determination, the average amount by which the normal AR 400, USS AR 500). Department determined that the value exceeds the export price, as • All products (proprietary or application of total adverse facts indicated below, minus the amount otherwise) based on an alloy ASTM available (AFA) was appropriate with determined to constitute a export specification (sample specifications: respect to Siam Strip Mill Public Co., subsidy. See, e.g., Notice of ASTM A506, A507). Ltd. (SSM), a mandatory respondent Antidumping Duty Order: Stainless • Non-rectangular shapes, not in that failed to respond to the Steel Wire Rod From Italy, 63 FR 49327 coils, which are the result of having Department’s questionnaire. As AFA, (September 15, 1998). Accordingly, for been processed by cutting or stamping the Department applied a margin rate of cash deposit purposes we are and which have assumed the character 20.30 percent, the highest alleged subtracting from SSI’s cash deposit rate of articles or products classified outside margin based on our recalculation for that portion of the rate attributable to chapter 72 of the HTS. Thailand in the petition. The interested the export subsidies found in the The merchandise subject to this parties did not object to the use of countervailing duty investigation investigation is classified in the HTS at adverse facts available for SSM, or to the involving SSI (i.e., 0.58 percent). We subheadings: 7208.10.15.00, Department’s choice of facts available, have made the same adjustment to the 7208.10.30.00, 7208.10.60.00, and no new facts were submitted which ‘‘All Others’’) and SSM cash deposit rate 7208.25.30.00, 7208.25.60.00, would cause the Department to revisit by subtracting the rate attributable to 7208.26.00.30, 7208.26.00.60, this decision. Therefore, for the reasons export subsidies found in the 7208.27.00.30, 7208.27.00.60, set out in the preliminary countervailing duty investigation of SSI. 7208.36.00.30, 7208.36.00.60, determination, we have continued to We will instruct the Customs Service 7208.37.00.30, 7208.37.00.60, use the highest margin alleged by the to require a cash deposit or the posting 7208.38.00.15, 7208.38.00.30, petitioner (as recalculated by the of a bond for each entry equal to the 7208.38.00.90, 7208.39.00.15, Department at initiation) for the weighted-average amount by the normal 7208.39.00.30, 7208.39.00.90, purposes of this final determination value exceeds the export price, adjusted 7208.40.60.30, 7208.40.60.60, notice. for the export subsidy rate, as indicated
VerDate 11
below. These suspension of liquidation 14. Weighted Average Margin to the provisions codified at 19 CFR Part instructions will remain in effect until Calculation—Zeroing Negative Margins 351 (2000). further notice. We determine that the [FR Doc. 01–24411 Filed 9–27–01; 8:45 am] Case History following weighted-average dumping BILLING CODE 3510–DS–M margins exist for the period October 1, On May 3, 2001, the Department 1999 through September 30, 2000: published its preliminary determination DEPARTMENT OF COMMERCE of this investigation. See Notice of Bonding/Cash Deposit Preliminary Determination of Sales at Rate International Trade Administration Less Than Fair Value and Postponement of Final Determination: Certain Hot- Export/manufac- Weighted- turer [A–485–806] Rolled Carbon Steel Flat Products from average (Percent) margin Notice of Final Determination of Romania, 66 FR 22194 (Preliminary percent Antidumping Duty Investigation: Determination). On June 6, 2001, the Department amended its preliminary SSI ...... 4.44 3.86 Certain Hot-Rolled Carbon Steel Flat Products from Romania determination in this investigation. See SSM ...... 20.30 19.72 Notice of Amended Preliminary All Others ...... 4.44 3.86 AGENCY: Import Administration, Antidumping Duty Determination of International Trade Administration, Sales at Less Than Fair Value: Certain ITC Notification Department of Commerce. Hot-Rolled Carbon Steel Flat Products In accordance with section 735(d) of SUMMARY: We determine that certain from Romania, 66 FR 30411 (Amended the Act, we have notified the hot-rolled carbon steel flat products Preliminary Determination). After the International Trade Commission (ITC) of (HRS) from Romania are being, or are Amended Preliminary Determination, our determination. As our final likely to be, sold in the United States at the Department verified the information determination is affirmative, the ITC less than fair value (LTFV), as provided submitted on the record by the will determine, within 45 days, whether in section 735 of the Tariff Act of 1930, respondents. See the verification report these imports are causing material as amended. On May 3, 2001, the from the verification of the injury, or threat of material injury, to an Department of Commerce (the Questionnaire Responses of Sidex S.A. industry in the United States. If the ITC Department) published the preliminary and Sidex Trading SRL (August 2, determines that material injury or threat determination of its investigation of 2001). See also, the verification reports of injury does not exist, the proceeding HRS from Romania, and on June 6, from the verifications of the will be terminated and all securities 2001, the Department published its Questionnaire Responses of MEI, posted will be refunded or canceled. If amended preliminary determination. Metanef, Metagrimex and Sidex the ITC determines that such injury The period of investigation (POI) is International, Plc (August 2, 2001). On does exist, the Department will issue an April 1, 2000, through September 30, August 17, 2001, certain petitioners 1 antidumping order directing Customs 2000. This period corresponds to the and the respondents 2 submitted case officials to assess antidumping duties on two most recent fiscal quarters prior to briefs. Furthermore, on August 24, 2001, all imports on the subject merchandise the month of the filing of the petition we received rebuttal briefs from both entered, or withdrawn from warehouse (i.e., November 2000). Based on our parties as well as additional petitioners 3 for consumption on or after the effective analysis of comments received, the final in this proceeding. The department date of the suspension of liquidation. determination differs from the received requests for a public hearing This determination is issued and preliminary determination. The from Bethlehem Steel Corporation, LTC published in accordance with sections estimated margins of sales at LTFV is Steel Company, Inc., National Steel 735(d) and 777(i)(1) of the Act. listed below in the ‘‘Suspension of Corporation, and United States Steel LLC as well as the respondents. The Dated: September 21, 2001. Liquidation’’ section. EFFECTIVE DATE: September 28, 2001. hearing was held on August 28, 2001. Faryar Shirzad, Although the deadline for this Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: determination was originally September Administration. Christopher Riker or Charles Riggle, 17, 2001, in light of the events of Office 5, Group II, AD/CVD September 11, 2001 and the subsequent Appendix I—Issues in Decision Enforcement, Import Administration, Memorandum closure of the Federal Government for International Trade Administration, reasons of security, the timeframe for 1. Depreciation U.S. Department of Commerce, 14th issuing this determination has been 2. Refund of Import Duties on Slab Street and Constitution Avenue, NW, extended by four days. 3. Cutting Costs Washington, DC 20230; telephone: (202) 4. Scrap Sales Revenue 482–0186 and (202) 482–0650, Scope of Investigation 5. Use of Full Year 2000 Audited Financial respectively. Statements for G&A and Interest Expenses For purposes of this investigation, the 6. Use of Exchange Rate Losses in Interest SUPPLEMENTARY INFORMATION: products covered are certain hot-rolled Expenses carbon steel flat products of a 7. Subsidiaries’ G&A Expenses Applicable Statute and Regulations 8. Skin Passing Costs Unless otherwise indicated, all 1 These petitioners are Bethlehem Steel 9. U.S. Date of Sale citations to the statute are references to Corporation, Inc., National Steel Corporation, and 10. Indirect Selling Expenses (and G&A) of the provisions effective January 1, 1995, United States Steel LLC. one of SSI’s Affiliated Resellers 2 The respondents are Sidex, S.A. (Sidex), Sidex the effective date of the amendments Trading SRL, Sidex International Plc (collectively, 11. Home Market Credit Expense of one of made to the Tariff Act of 1930 (the Act) SSI’s Affiliated Resellers the Sidex Exporters), Metalexportimport S.A. (MEI), Metanef S.A. (Metanef) and Metagrimex Business 12. Home Market Movement Expenses— by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise Group S.A. (Metagrimex). Freight Adjustment of one of SSI’s Affiliated 3 These Petitioners are Gallatin Steel Company, Resellers indicated, all citations to the IPSCO Steel Inc., Nucor Corporation, Steel 13. Warranty Expenses—Coding Sales as Department of Commerce (the Dynamics, Inc., Weirton Steel Corporation and the Prime Versus Non-Prime Department) regulations are references Independent Steelworkers Union.
VerDate 11
rectangular shape, of a width of 0.5 inch Testing and Materials (ASTM) Non-market Economy Country or greater, neither clad, plated, nor specifications A543, A387, A514, A517, The Department has treated Romania coated with metal and whether or not A506). Society of Automotive Engineers as a non-market-economy (NME) painted, varnished, or coated with (SAE)/American Iron & Steel Institute country in all past antidumping plastics or other non-metallic (AISI) grades of series 2300 and higher. • proceedings (see, e.g., Notice of Final substances, in coils (whether or not in Ball bearing steels, as defined in the Determination of Sales at Less Than successively superimposed layers), HTSUS. Fair Value: Certain Small Diameter regardless of thickness, and in straight • Tool steels, as defined in the Carbon and Alloy Seamless Standard, length, of a thickness of less than 4.75 HTSUS. Line and Pressure Pipe from Romania, mm and of a width measuring at least • Silico-manganese (as defined in the 65 FR 39125 (June 23, 2000)). A 10 times the thickness. Universal mill HTSUS) or silicon electrical steel with designation as a NME remains in effect plate (i.e., flat-rolled products rolled on a silicon level exceeding 2.25 percent. until it is revoked by the Department four faces or in a closed box pass, of a • ASTM specifications A710 and (see section 771(18)(C) of the Act). The width exceeding 150 mm, but not A736. respondents in this investigation have exceeding 1250 mm, and of a thickness • USS abrasion-resistant steels (USS not requested a revocation of Romania’s of not less than 4.0 mm, not in coils and AR 400, USS AR 500). NME status and no further information without patterns in relief) of a thickness • All products (proprietary or not less than 4.0 mm is not included has been provided that would lead to otherwise) based on an alloy ASTM such a revocation. Therefore, we have within the scope of this investigation. specification (sample specifications: Specifically included within the continued to treat Romania as a NME in ASTM A506, A507). this investigation. scope are vacuum degassed, fully • Non-rectangular shapes, not in stabilized (commonly referred to as When the Department is investigating coils, which are the result of having imports from a NME, section 773(c)(1) interstitial-free (IF) steels, high strength been processed by cutting or stamping low alloy (HSLA) steels, and the of the Act directs us to base normal and which have assumed the character substrate for motor lamination steels. IF value (NV) on the NME producer’s of articles or products classified outside steels are recognized as low carbon factors of production, valued to the chapter 72 of the HTSUS. steels with micro-alloying levels of extent possible in a comparable market The merchandise subject to this elements such as titanium or niobium economy that is a significant producer investigation is classified in the HTSUS (also commonly referred to as of comparable merchandise. The at subheadings: 7208.10.15.00, columbium), or both added to stabilize sources of individual factor prices are 7208.10.30.00, 7208.10.60.00, carbon and nitrogen elements. HSLA discussed under the Normal Value steels are recognized as steels with 7208.25.30.00, 7208.25.60.00, section, below. 7208.26.00.30, 7208.26.00.60, micro-alloying levels of elements such Analysis of Comments Received as chromium, copper, niobium, 7208.27.00.30, 7208.27.00.60, vanadium, and molybdenum. The 7208.36.00.30, 7208.36.00.60, All issues raised in the case and substrate for motor lamination steels 7208.37.00.30, 7208.37.00.60, rebuttal briefs by parties to this review contains micro-alloying levels of 7208.38.00.15, 7208.38.00.30, are addressed in the ‘‘Issues and elements such as silicon and aluminum. 7208.38.00.90, 7208.39.00.15, Decision Memorandum’’ (Decision Steel products to be included in the 7208.39.00.30, 7208.39.00.90, Memorandum) from Bernard T. Carreau, scope of this investigation, regardless of 7208.40.60.30, 7208.40.60.60, Deputy Assistant Secretary, Import definitions in the Harmonized Tariff 7208.53.00.00, 7208.54.00.00, Administration, to Faryar Shirzad, Schedule of the United States (HTSUS), 7208.90.00.00, 7211.14.00.90, Assistant Secretary for Import are products in which: (i) iron 7211.19.15.00, 7211.19.20.00, Administration, dated September 21, predominates, by weight, over each of 7211.19.30.00, 7211.19.45.00, 2001, which is hereby adopted by this the other contained elements; (ii) the 7211.19.60.00, 7211.19.75.30, notice. carbon content is 2 percent or less, by 7211.19.75.60, and 7211.19.75.90. A list of the issues which parties have weight, and (iii) none of the elements Certain hot-rolled carbon steel flat raised and to which we have responded, listed below exceeds the quantity, by products covered by this investigation, all of which are in the Decision weight, respectively indicated: 1.80 including: vacuum degassed fully Memorandum, is attached to this notice percent of manganese, or 2.25 percent of stabilized; high strength low alloy; and as an Appendix. Parties can find a silicon, or 1.00 percent of copper, or the substrate for motor lamination steel complete discussion of all issues raised 0.50 percent of aluminum, 1.25 percent may also enter under the following tariff in this investigation and the of chromium, or 0.30 percent of cobalt, numbers: 7225.11.00.00, 7225.19.00.00, corresponding recommendations in this or 0.40 percent of lead, or 1.25 percent 7225.30.30.50, 7225.30.70.00, public memorandum, which is on file in of nickel, or 0.30 percent of tungsten, or 7225.40.70.00, 7225.99.00.90, the Central Records Unit (CRU), room 0.10 percent of molybdenum, or 0.10 7226.11.10.00, 7226.11.90.30, B–099 of the main Commerce percent of niobium, or 0.15 percent of 7226.11.90.60, 7226.19.10.00, Department building. vanadium, or 0.15 percent of zirconium. 7226.10.90.00, 7226.91.50.00, In addition, a complete version of the All products that meet the physical 7226.91.70.00, 7226.91.80.00, and Decision Memorandum can be accessed and chemical description provided 7226.99.00.00. Subject merchandise directly on the Internet at http:// above are within the scope of this may also enter under 7210.70.30.00, ia.ita.doc.gov/. The paper copy and investigation unless otherwise 7210.90.90.00, 7211.14.00.30, electronic version of the Decision excluded. The following products, by 7212.40.10.00, 7212.40.50.00, and Memorandum are identical in content. way of example, are outside or 7212.50.00.00. Separate Rates specifically excluded from the scope: Although the HTSUS subheadings are • Alloy hot-rolled steel products in provided for convenience and U.S. It is the Department’s policy to assign which at least one of the chemical Customs purposes, the written a single rate to all exporters of subject elements exceeds those listed above description of the merchandise subject merchandise subject to investigation in (including, e.g., American Society for to this proceeding is dispositive. a NME country unless an exporter can
VerDate 11
demonstrate that it is sufficiently rate, the Department will calculate an the same value. For further details see independent so as to be entitled to a ‘‘all others’’ rate as it does in market Comment 9 in the Decision separate rate. For purposes of this economy cases. However, if record Memorandum. ‘‘separate rates’’ inquiry, the Department evidence suggests that certain exporters 6. We have revised the value assigned analyzes each exporting entity under the have not responded to at least the to coal powder, using an actual test established in the Final Department’s initial shipment purchase price. For further details see Determination of Sales at Less Than information query, the Department will Comment 14 in the Decision Fair Value: Sparklers from the People’s rely on its presumption that there is an Memorandum. Republic of China, 56 FR 20588 (May 6, additional entity under government 7. We determined at verification that 1991) (Sparklers), as amplified in Final control and will assign a country-wide Sidex provides coke gas and furnace gas Determination of Sales at Less Than rate to the NME entity. Such is the to an on-site electrical facility in Fair Value: Silicon Carbide from the situation in this investigation. See exchange for de-mineralized water. People’s Republic of China, 59 FR 22585 Preliminary Determination, see also Therefore, we have not assigned a cost (May 2, 1994) (Silicon Carbide). Under Decision Memorandum. Specifically, we to the de-mineralized water, nor have this test, exporters in NME countries are have not been unable to confirm we assigned a credit to the sales of coke entitled to separate, company-specific through a comparison of the reported gas and furnace gas. For further details margins when they can demonstrate an data to public sources that no other see Comments 15 and 18 in the Decision absence of government control over company exported HRS from Romania exports, both in law (de jure) and in fact to the United States during the POI. Memorandum. (de facto). 8. We have revised our freight In our preliminary determination, we Changes Since the Amended calculations for several sales made by found, according to the criteria Preliminary Determination MEI and Metanef where a cost was identified in Sparklers and Silicon Based on our findings at verification, calculated for sales whose terms of Carbide, that the Sidex Exporters, MEI, and analysis of comments received, we delivery were FOB Galati. For the final Metanef and Metagrimex had met the have made adjustments to the determination we have not calculated a criteria for the application of separate calculation methodology in calculating freight cost for these observation antidumping duty rates. For a complete the final dumping margin in this numbers. For further details see discussion of the Department’s proceeding. These adjustments are Comments 21 and 22 in the Decision determination that the Sidex Exporters, summarized below: Memorandum. MEI, Metanef and Metagrimex are 1. We revised the surrogate values 9. We have revised certain surrogate entitled to separate rates, see the April assigned to all of our inputs using 1999 freight distances, assigned to imports of 23, 2001, memoranda, Assignment of United Nations Commodity Trade raw materials by the producer, in our Separate Rate for Sidex Trading SRL Statistics (UNCTS) data, which is more normal value to reflect a surrogate and Sidex International, Plc in the contemporaneous than the 1998 data freight cost using the shorter of the Antidumping Duty Investigation of used in our preliminary determination. distance from the seaport to the factory Certain Hot-rolled Carbon Steel Flat For further details see Comment 1 in the or the reported distance from the Products from Romania, as well as Decision Memorandum. domestic supplier to the factory Assignment of Separate Rate for 2. Through our analysis of documents pursuant to the Court of Appeals for the Metalexportimport, S.A. (MEI), Metanef, at verification, we determined that Federal Circuit’s decision in Sigma S.A. (Metanef) and Metagrimex Business Sidex neglected to report a portion of its Corp. v. United States, 117 F. 3d 1401, Group, S.A. (Metagrimex) in the labor hours for the flat-rolling mill that 1408–11 (Fed. Cir. 1997). should have been included in its Antidumping Duty Investigation of 10. We have used a surrogate financial original calculations. Based on our Certain Hot-rolled Carbon Steel Flat ratio for overhead that includes both analysis of the information on the Products from Romania, which are on non-depreciation and depreciation for record, we increased the total labor file in the CRU. The Petitioners argued our final determination. For further in their case briefs that the Department hours in order to account for these details see Comment 19 in the Decision should reconsider granting separate unreported activities for not only the Memorandum. rates for the Sidex Exporters, MEI, flat-rolling mill, but all of the Metanef and Metagrimex. For a more production shops. For further details see Suspension of Liquidation detailed analysis of why we continue to Comment 2 in the Decision find that the responding exporting Memorandum. Pursuant to section 735(c)(1)(B) of the companies in this investigation should 3. We increased the reported amount Act, we are instructing the Customs be assigned individual dumping of electricity consumed by the Service to continue to suspend margins, see the Decision Memorandum. respondents to account for missing data liquidation of all entries of HRS from discovered at verification. For further Romania that are entered, or withdrawn Romania-Wide Rate details see Comment 3 in the Decision from warehouse, for consumption on or As in all NME cases, the Department Memorandum. after May 3, 2001, the date of implements a policy whereby there is a 4. We revised the values assigned to publication of the Preliminary rebuttable presumption that all limestone, sulphuric acid, Determination. The Customs Service exporters comprise a single entity under ferromanganese, iron slag, coke, caustic shall continue to require a cash deposit common government control, the ‘‘NME soda, raw tar and manganese ore to or the posting of a bond based on the entity.’’ Therefore, the Department more contemporaneous and non- estimated weighted-average dumping assigns a single NME rate to the NME aberrational values. For further details margins shown below. The suspension entity, unless an exporter can see Comments 6, 7, 10–13 and 16 in the of liquidation instructions will remain demonstrate eligibility for a separate Decision Memorandum. in effect until further notice. rate. If all exporters, accounting for all 5. We have revised the value assigned We determine that the following exports of subject merchandise to the to iron pellets as we have determined weighted-average dumping margins United States during the POI, that iron pellets are similar enough to exist for the period April 1, 2000 demonstrate eligibility for a separate iron lumps that they should be assigned through September 30, 2000: —
VerDate 11
Margin I. Issues Specific TO MEI Determination of Sales at Less Than Manufacturer/exporter (percent) Comment 20: Export Licenses Fair Value: Certain Hot-Rolled Carbon Comment 21: Freight Terms Steel Flat Products From Indonesia, 66 Sidex Trading, SRL & Sidex II. issues Specific to METANEF FR 22163 (May 3, 2001) (Preliminary Comment 22: Freight Terms International, Plc ...... 16.88 Determination). Since the preliminary Metanef, S.A ...... 22.48 III. General Issues Metagrimex, S.A ...... 17.14 Comment 23: Romania-Wide Rate determination, the following events Metalexportimport, S.A ...... 18.63 Comment 24: Separate Rates for Metanef, have occurred. On May 11, 2001, we Romania-Wide ...... 88.62 MEI, and Metagrimex received a letter from PT Krakatau Steel Comment 25: Brokerage and Freight Corporation (Krakatau), the respondent, The Romania-wide rate applies to all Comment 26: Barter Transactions that requested permission to submit a Comment 27: Expenses Incurred from entries of the subject merchandise revised response to the Department’s Imported Inputs from Market Economy April 16, 2001 supplemental except for entries from exporters/ Suppliers producers that are identified questionnaire. The Department granted individually above. [FR Doc. 01–24412 Filed 9–27–01; 8:45 am] this request on May 23, 2001 and BILLING CODE 3510–DS–P received Krakatau’s submission on May ITC Notification 29, 2001. We verified Krakatau’s In accordance with section 735(d) of questionnaire responses from July 23 the Act, we have notified the DEPARTMENT OF COMMERCE through July 27, 2001. On August 17, International Trade Commission (ITC) of 2001, we released a calculation International Trade Administration our determination. As our final memorandum and computer programs determination is affirmative, the ITC [A–560–812] to interested parties for the purpose of will determine, within 45 days, whether allowing parties to comment on the these imports are causing material Notice of Final Determination of Sales margin calculation methodology that injury, or threat of material injury, to an at Less Than Fair Value: Certain Hot- would be used in the event the industry in the United States. If the ITC Rolled Carbon Steel Flat Products Department calculated a margin for the determines that material injury or threat From Indonesia final LTFV determination. The 1 of injury does not exist, the proceeding AGENCY: Import Administration, petitioners and respondent filed case will be terminated and all securities International Trade Administration, briefs on August 24 and August 27, posted will be refunded or canceled. If Department of Commerce. 2001, respectively. Both parties filed the ITC determines that such injury rebuttal briefs on August 31, 2001. A EFFECTIVE DATE: September 28, 2001. does exist, the Department will issue an public hearing was held on September FOR FURTHER INFORMATION CONTACT: antidumping duty order directing 6, 2001. Although the deadline for this Customs officials to assess antidumping Mark Manning or Ronald Trentham at determination was originally September duties on all imports of the subject (202) 482–3936 and (202) 482–6320, 17, 2001, in light of the events of merchandise entered, or withdrawn respectively, AD/CVD Enforcement, September 11, 2001 and the subsequent from warehouse, for consumption on or Group II, Office 4, Import closure of the Federal Government for after the effective date of the suspension Administration, International Trade reasons of security, the time frame for of liquidation. Administration, U.S. Department of issuing this determination has been This determination is issued and Commerce, 14th Street and Constitution extended by four days. published in accordance with sections Avenue, NW, Washington, DC 20230. The Department has conducted this 735(d) and 777(i)(1) of the Act. SUPPLEMENTARY INFORMATION: investigation in accordance with section Date: September 231, 2001. The Applicable Statute 731 of the Act. Faryar Shirzad, Unless otherwise indicated, all Scope of Investigation Assistant Secretary for Import citations to the Tariff Act of 1930, as For purposes of this investigation, the Administration. amended (the Act), are references to the products covered are certain hot-rolled Appendix provisions effective January 1, 1995, the carbon steel flat products of a effective date of the amendments made rectangular shape, of a width of 0.5 inch List of Comments in the Issues and Decision to the Act by the Uruguay Round Memorandum or greater, neither clad, plated, nor Agreements Act (URAA). In addition, coated with metal and whether or not I. Issues Specific to SIDEX unless otherwise indicated, all citations Comment 1: Surrogate Statistics painted, varnished, or coated with Comment 2: Labor Hours to the Department’s regulations are to 19 plastics or other non-metallic Comment 3: Electricity CFR Part 351 (2000). substances, in coils (whether or not in Comment 4: Acuterm and Quartz Sand Final Determination successively superimposed layers), Comment 5: Water regardless of thickness, and in straight We determine that certain hot-rolled Comment 6: Limestone lengths of a thickness of less than 4.75 carbon steel flat products from Comment 7: Sulphuric Acid mm and of a width measuring at least Comment 8: Ferromanganese Indonesia are being sold, or are likely to 10 times the thickness. Universal mill Comment 9: Iron Lumps and Pellets be sold, in the United States at less than plate (i.e., flat-rolled products rolled on Comment 10: Iron Slag fair value (LTFV), as provided in section four faces or in a closed box pass, of a Comment 11: Coke 735 of the Act. The estimated margins Comment 12: Caustic Soda of sales at LTFV are shown in the Final Comment 13: Raw Tar 1 The petitioners in this investigation are Comment 14: Coal Powder Determination of Investigation section Bethlehem Steel Corporation, Gallatin Steel Comment 15: Demineralized Water of this notice. Company, IPSCO Steel Inc., LTV Steel Company, Comment 16: Manganese Ore Inc., National Steel Corporation, Nucor Corporation, Case History Steel Dynamics, Inc., U.S. Steel Group (a unit of Comment 17: Methane USX Corporation), Weirton Sttel Corporation, Comment 18: Furnace and Coke Gas The preliminary determination in this Independent Steelworkers Union, ad United Comment 19: Overhead, SG&A, Interest investigation was published on May 3, Steelworkers of America (collectively the and Profit Ratios 2001. See Notice of Preliminary petitioners).
VerDate 11
width exceeding 150 mm, but not • Ball bearing steels, as defined in the 2000. This period corresponds to the exceeding 1250 mm, and of a thickness HTSUS. four most recent fiscal quarters prior to of not less than 4.0 mm, not in coils and • Tool steels, as defined in the the month of the filing of the petition without patterns in relief) of a thickness HTSUS. (i.e., November 2000). not less than 4.0 mm is not included • Silico-manganese (as defined in the Verification within the scope of this investigation. HTSUS) or silicon electrical steel with Specifically included within the a silicon level exceeding 2.25 percent. As provided in section 782(i) of the scope of this investigation are vacuum • ASTM specifications A710 and Act, we verified the information degassed, fully stabilized (commonly A736. submitted by the respondent for use in referred to as interstitial-free (IF)) steels, • USS abrasion-resistant steels (USS our final determination. We used high strength low alloy (HSLA) steels, AR 400, USS AR 500). standard verification procedures • and the substrate for motor lamination All products (proprietary or including examination of relevant steels. IF steels are recognized as low otherwise) based on an alloy ASTM accounting and production records, and carbon steels with micro-alloying levels specification (sample specifications: original source documents provided by of elements such as titanium or niobium ASTM A506, A507). the respondent. See Memorandum to • (also commonly referred to as Non-rectangular shapes, not in the File from Mark Manning, ‘‘Sales columbium), or both, added to stabilize coils, which are the result of having Verification Report for PT Krakatau carbon and nitrogen elements. HSLA been processed by cutting or stamping Steel Corporation,’’ dated August 10, steels are recognized as steels with and which have assumed the character 2001 (Sales Verification Report). of articles or products classified outside micro-alloying levels of elements such Use of Facts Available as chromium, copper, niobium, chapter 72 of the HTSUS. vanadium, and molybdenum. The The merchandise subject to these In the preliminary determination, the substrate for motor lamination steels investigations is classified in the Department based the dumping margin contains micro-alloying levels of HTSUS under the following tariff for Krakatau on facts otherwise available elements such as silicon and aluminum. classification numbers: 7208.10.15.00, pursuant to section 776(a)(2)(A) of the Steel products to be included in the 7208.10.30.00, 7208.10.60.00, Act. The use of facts otherwise available scope of this investigation, regardless of 7208.25.30.00, 7208.25.60.00, was warranted because Krakatau failed definitions in the Harmonized Tariff 7208.26.00.30, 7208.26.00.60, to adequately respond to the Schedule of the United States (HTSUS), 7208.27.00.30, 7208.27.00.60, Department’s questionnaire. The are products in which: i) iron 7208.36.00.30, 7208.36.00.60, Department also found that Krakatau predominates, by weight, over each of 7208.37.00.30, 7208.37.00.60, failed to cooperate by not acting to the the other contained elements; ii) the 7208.38.00.15, 7208.38.00.30, best of its ability. As a result, pursuant carbon content is 2 percent or less, by 7208.38.00.90, 7208.39.00.15, to section 776(b) of the Act, the weight; and iii) none of the elements 7208.39.00.30, 7208.39.00.90, Department used an adverse inference listed below exceeds the quantity, by 7208.40.60.30, 7208.40.60.60, in selecting from the facts available. weight, respectively indicated: 7208.53.00.00, 7208.54.00.00, Specifically, the Department assigned Krakatau a margin of 59.25 percent, the 1.80 percent of manganese, or 7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00, margin published in the Department’s 2.25 percent of silicon, or 7211.19.30.00, 7211.19.45.00, Notice of Initiation, which was based on 1.00 percent of copper, or 7211.19.60.00, 7211.19.75.30, information in the petition. See Notice 0.50 percent of aluminum, or 7211.19.75.60, and 7211.19.75.90. of Initiation of Antidumping Duty 1.25 percent of chromium, or Certain hot-rolled carbon steel flat Investigations: Certain Hot-Rolled 0.30 percent of cobalt, or products covered by this investigation, Carbon Steel Flat Products From 0.40 percent of lead, or including vacuum degassed fully Argentina, India, Indonesia, 1.25 percent of nickel, or stabilized; high strength low alloy; and Kazakhstan, the Netherlands, the People’s Republic of China, Romania, 0.30 percent of tungsten, or the substrate for motor lamination steel may also enter under the following tariff South Africa, Taiwan, Thailand, and 0.10 percent of molybdenum, or classification numbers: 7225.11.00.00, Ukraine, 65 FR 77568 (December 12, 0.10 percent of niobium, or 7225.19.00.00, 7225.30.30.50, 2000). 0.15 percent of vanadium, or 7225.30.70.00, 7225.40.70.00, After the preliminary determination, 0.15 percent of zirconium. 7225.99.00.90, 7226.11.10.00, the Department allowed Krakatau to All products that meet the physical 7226.11.90.30, 7226.11.90.60, submit a revised questionnaire and chemical description provided 7226.19.10.00, 7226.19.90.00, response. In this response, Krakatau above are within the scope of this 7226.91.50.00, 7226.91.70.00, corrected several of the deficiencies investigation unless otherwise 7226.91.80.00, and 7226.99.00.00. upon which the Department based its excluded. The following products, by Subject merchandise may also enter preliminary total adverse facts available way of example, are outside or under 7210.70.30.00, 7210.90.90.00, determination. In light of the corrected specifically excluded from the scope of 7211.14.00.30, 7212.40.10.00, information, we conducted verification this investigation: 7212.40.50.00, and 7212.50.00.00. and released a calculation memorandum • Alloy hot-rolled steel products in Although the HTSUS tariff classification and dumping calculations, unadjusted which at least one of the chemical numbers are provided for convenience for verification findings, to interested elements exceeds those listed above and U.S. Customs Service (Customs) parties for comment. Based upon our (including, e.g., American Society for purposes, the written description of the analysis of the comments received, we Testing and Materials (ASTM) merchandise under investigation is find that Krakatau has corrected enough specifications A543, A387, A514, A517, dispositive. of its deficiencies to allow the A506). Department to calculate an dumping • Society of Automotive Engineers Period of Investigation margin for the final determination. (SAE)/American Iron & Steel Institute The period of investigation (POI) is However, because of additional (AISI) grades of series 2300 and higher. October 1, 1999 through September 30, deficiencies discovered at verification,
VerDate 11
we are applying partial facts available to manner requested in the Department’s U.S. market short-term interest rates. two aspects of Krakatau’s sales initial and supplemental antidumping Despite the Department’s directions in response. questionnaires. the original and supplemental Moreover, Krakatau does not fall questionnaires, and the extensions 1. Application of Facts Available within the deadline exceptions granted, Krakatau made no effort to Section 776(a)(2) of the Act provides established in 782(c)(1) of the Act. At no provide any explanation or propose an that, if an interested party (A) withholds time did Krakatau notify the Department alternate form of submitting the data. information requested by the that it was unable to submit the Furthermore, the information cannot Department, (B) fails to provide such requested information in the requested be obtained elsewhere. There is no information by the deadline, or in the form and manner; nor did it suggest information on the record of this form or manner requested, subject to alternative forms in which it would be investigation with which the sections 782(c)(1) and (e) of the Act, (C) able to submit the requested Department could determine the correct significantly impedes a proceeding, or information. Throughout the course of exchange rates and short-term interest (D) provides information that cannot be this antidumping investigation, the rates. Without this information, the verified, the Department shall use, Department gave Krakatau, a company Department cannot accurately subject to section 782(d) of the Act, facts without U.S. legal counsel, assistance determine the dumping margin for otherwise available in reaching the and opportunities to comply with the Krakatau. Despite the Department’s applicable determination. Pursuant to Department’s requests for information, directions in the questionnaires, section 782(e) of the Act, the as provided by section 782(c)(2).2 Krakatau did not provide the Department shall not decline to Specifically, taking into consideration information requested by the consider submitted information if all of the fact that the respondent is a pro se Department, made no effort to explain the following requirements are met: (1) company, the Department provided any difficulties it was having in The information is submitted by the Krakatau detailed information and supplying the information, and did not established deadline; (2) the information guidance on how to properly calculate propose an alternate form of submitting can be verified; (3) the information is and report sales and cost data and the information. For these reasons, we not so incomplete that it cannot serve as adjustments, granted Krakatau find that Krakatau did not act to the best a reliable basis for reaching the extensions to reply to requests for of its ability in responding to the applicable determination; (4) the information, and provided an Department’s requests for information, interested party has demonstrated that it opportunity to explain and correct the see, e.g., Circular Stainless Steel Hollow acted to the best of its ability; and (5) deficiencies in its responses. However, Products, and that, consequently, an the information can be used without at no point in the investigation did adverse inference is warranted under undue difficulties. Krakatau notify the Department that it section 776(b) of the Act. In selecting from among the facts had any difficulties in submitting the Pursuant to section 776(b) of the Act, otherwise available, section 776(b) of information in the form and manner the Department is applying partial the Act authorizes the Department to requested, seek guidance on alternative adverse facts available to the exchange use an adverse inference if the reporting requirements, or propose an rates needed to convert Krakatau’s U.S. Department finds that an interested alternate form for submitting the sales from the reported rupiah values to party failed to cooperate by not acting required data, as contemplated in the original U.S. dollar invoice prices to the best of its ability to comply with section 782(c)(1) of the Act. Despite the and Krakatau’s short-term home market the request for information. See, e.g., efforts at assistance on the part of the and U.S. market interest rates. Section Certain Welded Carbon Steel Pipes and Department, Krakatau failed to provide 776(b) of the Act authorizes the Tubes From Thailand: Final Results of information reliable enough that it can Department to use as adverse facts Antidumping Duty Administrative serve as a basis for reaching the available information derived from the Review, 62 FR 53808, 53819–20 applicable determination. petition, the final determination from (October 16, 1997). Finally, section Pursuant to section 782(e)(3) of the the LTFV investigation, a previous 776(b) of the Act states that an adverse Act, we find that certain aspects of the administrative review, or any other inference may include reliance on sales information Krakatau provided in information placed on the record. As information derived from the petition. its initial and supplemental responses is adverse facts available, we are applying See also Statement of Administrative deficient such that the Department the largest BOI exchange rate contained Action (SAA) accompanying the URAA, cannot use this information in reaching in the U.S. market discrepancy chart, H.R. Rep. No. 103–316 at 870 (1994). the applicable determination. which was obtained at verification, to For the reasons discussed below, the Specifically, our analysis of Krakatau’s all U.S. sales invoiced in time periods Department determines that, in sales response found deficiencies with not covered by this chart. See Sales accordance with sections 776(a)(2)(B) regard to the Bank of Indonesia (BOI) Verification Report, at Exhibits 3 and 4. and 776(b) of the Act, the use of partial exchange rates used by Krakatau to With regard to the short-term interest adverse facts available is appropriate for convert its U.S. dollar invoice prices rates, we are applying the largest the final determination for Krakatau. into the reported rupiah prices, and the imputed credit expense for any single The evidence on the record establishes calculation of its home market and U.S. U.S. sale to all of the respondent’s U.S. that the use of partial facts available for market interest rates that are used in its sales, and applying the smallest Krakatau is warranted because Krakatau imputed credit calculations. imputed credit expense for any single failed to provide complete sales We also find that pursuant to section home market sale to all of Krakatau’s questionnaire responses within the 776(b) of the Act, the application of an reported home market sales. meaning of section 776(a)(2)(B) of the adverse inference in this case is Act. In its initial and supplemental appropriate. Krakatau failed to act to the 2. Selection and Corroboration of Facts responses, Krakatau failed to provide best of its ability to comply with the Available information concerning the currency of Department’s requests for information Since the Department is using as its reported U.S. sales and its when it failed to report its U.S. market adverse facts available information calculation of its home market and U.S. sales in the currency of transaction (i.e., submitted by the respondent in the market short-term interest rates in the U.S. dollars) and its home market and course of this verification, or obtained at
VerDate 11
verification, there is no need to conduct E. Revise the invoice errors in the Final Determination of Investigation a corroboration analysis. home market sales database, as listed on Verification Exhibit 3, with the correct We determine that the following Analysis of Comments Received data contained in that exhibit; weighted-average percentage margins exist for the period October 1, 1999 All issues raised in the case and F. Remove home market sales of cut- through September 30, 2000: rebuttal briefs by parties to this to-length products with a reported proceeding and to which we have thickness code #5 because such responded are listed in the Appendix to Margin merchandise is non-foreign like Manufacturer/exporter (percent) this notice and addressed in the product; Memorandum from Bernard T. Carreau G. Apply the largest transaction- PT Krakatau Steel Corporation 47.86 to Faryar Shirzad, ‘‘Issues Memorandum All Others ...... 47.86 for the Final Determination of Sales at specific U.S. credit expense (CREDITU) Less Than Fair Value: Antidumping for any single U.S. sale to all of the Continuation of Suspension of Duty Investigation of Certain Hot-Rolled respondent’s U.S. sales, and apply the Liquidation Steel Flat Products from Indonesia,’’ smallest transaction-specific home market credit expense (CREDITH) for dated September 21, 2001 (Issues Pursuant to section 735(c)(1)(B) of the any single home market sale to all of Memorandum), which is hereby Act, we are instructing the U.S. Customs Krakatau’s reported home market sales; adopted by this notice. Parties can find Service to continue to suspend a complete discussion of the issues H. Classify the reported home market liquidation of all entries of hot-rolled raised in this investigation and the and U.S. market advertising costs as steel from Indonesia that are entered, or corresponding recommendations in this indirect expenses and include these withdrawn from warehouse, for public memorandum which is on file in costs with Krakatau’s reported indirect consumption on or after May 3, 2001 the Central Records Unit, room B–099 of expenses; (the date of publication of the the main Department building. In I. Classify the reported home market Preliminary Determination in the addition, a complete version of the and U.S. market technical service costs Federal Register). The Customs Service Issues Memorandum can be accessed as indirect expenses and include these shall continue to require a cash deposit directly on the Web at http:// costs with Krakatau’s reported indirect or the posting of a bond equal to the ia.ita.doc.gov. The paper copy and expenses; estimated amount by which the normal electronic version of the Issues J. Revise the reported home market value exceeds the U.S. price as shown Memorandum are identical in content. and U.S. market packing costs to above. account for unreported packing labor Changes Since the Preliminary International Trade Commission and overhead; Determination Notification On August 17, 2001, the Department K. Revise Krakatau’s general and released to the petitioners and Krakatau administrative expense ratio to account In accordance with section 735(d) of a calculation memorandum and for our findings at verification; the Act, we have notified the computer programs demonstrating the L. Calculate Krakatau’s financial International Trade Commission (ITC) of methodology the Department would expense ratio based on the financial our determination. As our final follow in the event we calculated a statements of its parent company, PT determination is affirmative, the ITC dumping margin for the final Bahana Pakarya Industri Strategies; will determine, within 45 days, whether determination. The programs released at M. Adjust the total cost of these imports are causing material that time did not take into account our manufacture to include Krakatau’s year- injury, or threat of material injury, to an verification findings. As mentioned end accounting adjustments; industry in the United States. If the ITC determines that material injury, or above, the parties had the opportunity N. Revise Krakatau’s depreciation of threat of injury, does not exist, the to comment on the unadjusted programs fixed assets to account for inflation that proceeding will be terminated and all and on the verification findings. Based occurred prior to the POI; upon our analysis of the comments securities posted will be refunded or O. Adjust the cost of electricity to canceled. If the ITC determines that received from the petitioners and reflect the market cost of electricity as Krakatau, we made the following such injury does exist, the Department quoted in certain newspaper articles; will issue an antidumping order revisions to the unadjusted calculations and released on August 17, 2001: directing Customs officials to assess A. Convert all reported U.S. prices P. Calculate an average market price antidumping duties on all imports of the from rupiahs to U.S. dollars using the for natural gas using prices quoted in subject merchandise entered or BOI exchange rates obtained from the certain newspaper articles, Krakatau’s withdrawn from warehouse for U.S. market discrepancy chart internal books and records, and consumption on or after the effective (Verification Exhibit 4); Talisman Energy Inc.’s 2000 annual date of the suspension of liquidation. B. Revise the exchange rate errors in report. This determination is issued and the U.S. sales database, as listed on For a further discussion of these published in accordance with sections Verification Exhibit 4, with the correct calculations, see Memorandum from 735(d) and 777(i)(1) of the Act. Mark Manning to the File, ‘‘Calculation data contained in that exhibit; Dated: September 21, 2001. C. Revise the invoice errors in the Memorandum of the Final U.S. sales database, as listed on Determination for the Antidumping Faryar Shirzad, Verification Exhibit 4, with the correct Duty Investigation of PT Krakatau Steel Assistant Secretary for Import data contained in that exhibit; Corporation,’’ September 21, 2001; and Administration. D. Revise the exchange rate errors in Memorandum from Laurens Van Houten Appendix—Topics in Issues the home market sales database, as to Neal Halper, ‘‘Cost of Production and Memorandum listed on the home market discrepancy Constructed Value Calculation chart (Verification Exhibit 3), with the Adjustments for the Final 1. Application of Facts Available to correct data contained in that exhibit; Determination,’’ September 19, 2001. U.S. Sales Database
VerDate 11
2. Application of Facts Available to Case History preliminary determination. On August Short-Term Interest Rate Used to We published in the Federal Register 6, 2001, Angang and Benxi submitted Calculate Credit Expense the preliminary determination in this their case briefs with respect to the sales 3. General and Administrative investigation on May 3, 2001. See and factors of production verification Expense Ratio Notice of Preliminary Determination of and the Department’s preliminary 4. Financial Expense Ratio determination. On August 8, 2001, 5. Depreciation Expense Sales at Less Than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products petitioners and respondents submitted 6. Electricity and Natural Gas rebuttal briefs with respect to the sales Valuation from the People’s Republic of China, 66 FR 22183 (May 3, 2001) (‘‘Preliminary and factors of production verification 7. Year End Audit Adjustments and the Department’s Preliminary Determination’’). Since the publication 8. Understated Direct Material Costs Determination. of the Preliminary Determination, the 9. Calculation of Total Variable Although the deadline for this Overhead Costs following events have occurred. determination was originally September On April 30, 2001, Angang Group 10. Inclusion of Direct Selling 17, 2001, in light of the events of International Trade Co. Ltd., New Iron Expenses in the Cost Test September 11, 2001 and the subsequent & Steel Co., Ltd., & Angang Group Hong closure of the Federal Government for [FR Doc. 01–24413 Filed 9–27–01; 8:45 am] Kong Co., Ltd., (‘‘Angang’’) requested reasons of security, the timeframe for BILLING CODE 3510–DS–P that the Department correct ministerial issuing this determination has been errors found in Angang’s margin extended by four days. DEPARTMENT OF COMMERCE calculation. On May 16, 2001, the Department determined that, although Period of Investigation International Trade Administration there were certain ministerial errors, The period of investigation is April 1, they did not meet the definition of 2000 through September 30, 2000. [A–570–865] significant ministerial error within the meaning of 19 CFR 351.224(g)(1). As a Non-Market Economy Final Determination of Sales at Less result, at that time we did not make the Than Fair Value: Certain Hot-Rolled The Department has treated the PRC suggested corrections. However, we Carbon Steel Flat Products From the as a non-market economy (NME) have made the adjustment for these People’s Republic of China country in all its past antidumping three errors in this final determination. investigations. See, e,g., Final AGENCY: Import Administration, On May 22, 2001, petitioners Determination of Sales at Less Than International Trade Administration, submitted a request for a public hearing Fair Value: Bulk Aspirin From the Department of Commerce. in accordance with 19 CFR 351.310(c). People’s Republic of China, 65 FR 33805 ACTION: Notice of final determination of On August 10, 2001, petitioners (May 25, 2000), and Final Determination sales at less than fair value. withdrew their request for a hearing. of Sales at Less Than Fair Value: Steel Because petitioners were the only party Concrete Reinforcing Bars From the EFFECTIVE DATE: September 28, 2001. to request a hearing, and because it was People’s Republic of China, 66 FR 33522 FOR FURTHER INFORMATION CONTACT: withdrawn in a timely manner, the (June 22, 2001). A designation as an Carrie Blozy, Catherine Bertrand, Department did not conduct a hearing. NME country remains in effect until it Doreen Chen, Import Administration, On May 14–18, 2001, the Department is revoked by the Department. See International Trade Administration, conducted a verification of Shanghai section 771(18)(C) of the Act. The U.S. Department of Commerce, 14th Baosteel Group Corporation (‘‘Baosteel respondents in this investigation have Street and Constitution Avenue N.W., Group’’). On May 21–25, 2001, the not requested a revocation of the PRC’s Washington, DC 20230; telephone: (202) Department conducted a verification of NME status. We have continued to treat 482–0165, 482–3207, 482–0193 Angang. On May 28–31, 2001, the the PRC as an NME in this investigation. respectively. Department conducted verification of For further discussion, see Department’s Benxi Iron & Steel Group International Preliminary Determination. The Applicable Statute Economic & Trade Co.,Ltd., Bengang Separate Rates Unless otherwise indicated, all Steel Plates Co., Ltd. and Benxi Iron & citations to the statute are references to Steel Group Co., Ltd., (‘‘Benxi’’). In our Preliminary Determination, we the provisions effective January 1, 1995, On June 19, 2001, Angang and Benxi found that the respondents had met the the effective date of the amendments placed on the record public information criteria for the application of separate made to the Tariff Act of 1930 (‘‘the for the purpose of providing the antidumping duty rates. On July 10, Act’’) by the Uruguay Round Department with additional information 2001, the Department placed on the Agreements Act. In addition, unless that can be used in valuing the factors record of this case information from the otherwise indicated, all citations to the of production. Also on June 19, 2001, World Steel Forum, 2001, OECD/China Department’s regulations are to the petitioners placed on the record public Workshop on Steel Market, Trade and regulations at 19 CFR part 351 (2001). information for the purpose of providing Structural Adjustment, held in the Department with additional Shanghai, China on May 10–11, 2001. Final Determination information that can be used in valuing We gave parties until July 20, 2001, to We determine that certain hot-rolled the factors of production. submit factual information to rebut, carbon steel flat products from the On July 27, 2001, petitioners support, clarify, or correct the new People’s Republic of China (‘‘PRC’’) are submitted their case brief with respect factual information placed on the record being, or are likely to be, sold in the to the sales and factors of production by the Department. We extended this United States at less than fair value verification and the Department’s deadline until July 24, 2001, at the (‘‘LTFV’’), as provided in section 735 of Preliminary Determination. On July 27, request of respondent Baosteel Group. the Act. The estimated margin of 2001, respondent Baosteel Group On July 24, 2001, we received responses dumping is shown in the ‘‘Continuation submitted its case brief with respect to from Angang, Baosteel Group, Benxi, of Suspension of Liquidation’’ section of the sales and factors of production and the petitioners. On July 26 and this notice. verification and the Department’s August 3, 2001, Baosteel Group
VerDate 11
submitted additional information to public memorandum, which is on file in carbon steels with micro-alloying levels ‘‘rebut, clarify, or correct’’ the B–099. In addition, a complete version of elements such as titanium or niobium information submitted by petitioners. of the Decision Memorandum can be (also commonly referred to as For a complete discussion of the accessed directly on the World Wide columbium), or both, added to stabilize Department’s determination that the Web at http://ia.ita.doc.gov/frn/. The carbon and nitrogen elements. HSLA respondents are entitled to separate paper copy and electronic version of the steels are recognized as steels with rates, see Decision Memorandum. Decision Memorandum are identical in micro-alloying levels of elements such content. as chromium, copper, niobium, The PRC-Wide Rate vanadium, and molybdenum. The For the reasons set forth in the Changes Since the Preliminary Determination substrate for motor lamination steels Preliminary Determination, we continue contains micro-alloying levels of to find that the use of adverse facts Based on our findings at verification, elements such as silicon and aluminum. available for the PRC-wide rate is and analysis of comments received, we Steel products to be included in the appropriate. See Preliminary have made adjustments to the scope of this investigation, regardless of Determination, 66 FR 22183. Consistent calculation methodology in calculating definitions in the Harmonized Tariff with our Preliminary Determination, as the final dumping margin in this Schedule of the United States (HTSUS), adverse facts available, we have used proceeding. See Final Analysis are products in which: (i) Iron the highest rate calculated for a Memorandum for Angang; Final predominates, by weight, over each of respondent, i.e., the rate calculated for Analysis Memorandum for Baosteel the other contained elements; (ii) the Benxi. We note that this rate is higher Group; and Final Analysis carbon content is 2 percent or less, by than the adjusted margin of dumping Memorandum for Benxi. weight; and (iii) none of the elements calculated from the petition (69.08 Verification listed below exceeds the quantity, by percent). For recalculation of petition weight, respectively indicated: As provided in section 782(i) of the margin, see Memorandum to the File: 1.80 percent of manganese, or Recalculation of Petition Margin in the Act, we verified the information submitted by each respondent for use in 2.25 percent of silicon, or Antidumping Duty Investigation of Hot- 1.00 percent of copper, or our final determination. We used Rolled Steel from the People’s Republic 0.50 percent of aluminum, or of China, September 21, 2001. standard verification procedures including examination of relevant 1.25 percent of chromium, or Surrogate Country accounting and production records, and 0.30 percent of cobalt, or For purposes of the final original source documents provided by 0.40 percent of lead, or determination, we continue to find that the respondents. For changes from the 1.25 percent of nickel, or India is the appropriate primary Preliminary Determination as a result of 0.30 percent of tungsten, or surrogate country. For further verification, see Final Analysis 0.10 percent of molybdenum, or Memorandum for Angang; Final discussion and analysis regarding the 0.10 percent of niobium, or surrogate country selection, see Analysis Memorandum for Baosteel Department’s Preliminary Group; and Final Analysis 0.15 percent of vanadium, or Determination. Memorandum for Benxi. 0.15 percent of zirconium. vacuum Scope of Investigation ea All products that meet the Use of Facts Available physical and chemical description For the reasons set forth in the For purposes of this investigation, the provided above are within the scope of Preliminary Determination, we have products covered are certain hot-rolled this investigation unless otherwise continued to apply facts available to carbon steel flat products of a excluded. The following products, for certain aspects of Angang’s and Benxi’s rectangular shape, of a width of 0.5 inch example, are outside or specifically analysis. See Preliminary or greater, neither clad, plated, nor excluded from the scope of this Determination, 66 FR 22189. For a coated with metal and whether or not investigation: discussion of our application of facts painted, varnished, or coated with • Alloy hot-rolled steel products in available, see Final Analysis plastics or other non-metallic which at least one of the chemical Memorandum for Angang at page 3 and substances, in coils (whether or not in elements exceeds those listed above Final Analysis Memorandum for Benxi successively superimposed layers), (including, e.g., American Society for at page 4. Specifically, for Angang and regardless of thickness, and in straight Testing and Materials (ASTM) Benxi, we used facts available for the lengths of a thickness of less than 4.75 specifications A543, A387, A514, A517, freight charge for certain inputs because mm and of a width measuring at least A506). freight distance was not provided by the 10 times the thickness. Universal mill • Society of Automotive Engineers respondents. Id. at 3 and 4. plate (i.e., flat-rolled products rolled on (SAE)/American Iron & Steel Institute four faces or in a closed box pass, of a Analysis of Comments Received (AISI) grades of series 2300 and higher. width exceeding 150 mm, but not • Ball bearing steels, as defined in the All issues raised in the case brief by exceeding 1250 mm, and of a thickness HTSUS. parties to this investigation are of not less than 4.0 mm, not in coils and • Tool steels, as defined in the addressed in the Decision without patterns in relief) of a thickness HTSUS. Memorandum, which is hereby adopted not less than 4.0 mm is not included • Silico-manganese (as defined in the by this notice. A list of the issues which within the scope of this investigation. HTSUS) or silicon electrical steel with parties raised, and to which we have Specifically included within the a silicon level exceeding 2.25 percent. responded, all of which are in the scope of this investigation are vacuum • ASTM specifications A710 and Decision Memorandum, is attached to degassed, fully stabilized (commonly A736. this notice as an Appendix. Parties can referred to as interstitial-free (IF)) steels, • USS abrasion-resistant steels (USS find a complete discussion of all issues high strength low alloy (HSLA) steels, AR 400, USS AR 500). raised in this investigation and the and the substrate for motor lamination • All products (proprietary or corresponding recommendations in this steels. IF steels are recognized as low otherwise) based on an alloy ASTM
VerDate 11
specification (sample specifications: instructions will remain in effect until Comment 12: Coal Valuation ASTM A506, A507). further notice. Comment 13: Steel Scrap Valuation • Non-rectangular shapes, not in The weighted-average dumping Comment 14: Silicon Barium Strontium margins are as follows: Aluminum Calcium Valuation coils, which are the result of having Comment 15: Iron Ore Valuation been processed by cutting or stamping Comment 16: Issues Arising at Verification and which have assumed the character Weighted- average III. Company Specific Issues of articles or products classified outside Manufacturer/exporter margin A. Baosteel Group chapter 72 of the HTSUS. (percent) Comment 17: Market Economy Price for The merchandise subject to this Iron Ore investigation is classified in the HTSUS Angang Group International Comment 18: Purchased Slab Comment 19: Hot-Rolled Coil at subheadings: 7208.10.15.00, Trade Corporation ...... 69.85 Shanghai Baosteel Group Cor- Consumption Amounts 7208.10.30.00, 7208.10.60.00, poration ...... 64.20 Comment 20: Valuation of Hydrogen 7208.25.30.00, 7208.25.60.00, Benxi Iron & Steel Group Co., Comment 21: Clerical Errors 7208.26.00.30, 7208.26.00.60, Ltd...... 90.83 B. Angang and Benxi 7208.27.00.30, 7208.27.00.60, Panzhihua Iron & Steel (Group) Comment 22: Recycled and Circle Water 7208.36.00.30, 7208.36.00.60, Company ...... 65.59 Comment 23: Sigma Freight 7208.37.00.30, 7208.37.00.60, Wuhan Iron & Steel Group Cor- C. Angang 7208.38.00.15, 7208.38.00.30, poration ...... 65.59 Comment 24: International Freight PRC-Wide ...... 90.83 Comment 25: Iron Ore Pellets 7208.38.00.90, 7208.39.00.15, Comment 26: Steel Scrap at Steel-Making 7208.39.00.30, 7208.39.00.90, ITC Notification D. Yi Chang 7208.40.60.30, 7208.40.60.60, Comment 27: Suspension of Liquidation 7208.53.00.00, 7208.54.00.00, In accordance with section 735(d) of 7208.90.00.00, 7211.14.00.90, the Act, we have notified the [FR Doc. 01–24414 Filed 9–27–01; 8:45 am] 7211.19.15.00, 7211.19.20.00, International Trade Commission (‘‘ITC’’) BILLING CODE 3510–DS–P 7211.19.30.00, 7211.19.45.00, of our determination. As our final 7211.19.60.00, 7211.19.75.30, determination is affirmative, the ITC DEPARTMENT OF COMMERCE 7211.19.75.60, and 7211.19.75.90. will, within 45 days, determine whether Certain hot-rolled carbon steel flat these imports are materially injuring, or International Trade Administration products covered by this investigation, threaten material injury to, the U.S. including: Vacuum degassed fully industry. If the ITC determines that [A–201–828] stabilized; high strength low alloy; and material injury, or threat of material Welded Large Diameter Line Pipe From the substrate for motor lamination steel injury does not exist, the proceeding Mexico: Postponement of Final may also enter under the following tariff will be terminated and all securities Determination of Antidumping Duty numbers: 7225.11.00.00, 7225.19.00.00, posted will be refunded or canceled. If Investigation 7225.30.30.50, 7225.30.70.00, the ITC determines that such injury 7225.40.70.00, 7225.99.00.90, does exist, the Department will issue an AGENCY: Import Administration, 7226.11.10.00, 7226.11.90.30, antidumping duty order directing International Trade Administration, 7226.11.90.60, 7226.19.10.00, Customs officials to assess antidumping Department of Commerce. 7226.19.90.00, 7226.91.50.00, duties on all imports of the subject ACTION: Notice of postponement of final 7226.91.70.00, 7226.91.80.00, and merchandise entered for consumption determination of antidumping duty 7226.99.00.00. Subject merchandise on or after the effective date of the investigation. may also enter under 7210.70.30.00, suspension of liquidation. 7210.90.90.00, 7211.14.00.30, This determination is issued and EFFECTIVE DATE: September 28, 2001. 7212.40.10.00, 7212.40.50.00, and published in accordance with sections FOR FURTHER INFORMATION CONTACT: Rick 7212.50.00.00. Although the HTSUS 735(d) and 777(i)(1) of the Act. Johnson at (202) 482–3818; Import subheadings are provided for Dated: September 21, 2001. Administration, International Trade convenience and U.S. Customs Faryar Shirzad, Administration, U.S. Department of purposes, the written description of the Assistant Secretary for Import Commerce, 14th Street and Constitution merchandise under investigation is Administration. Avenue, NW., Washington, DC 20230. dispositive. Appendix I Statutory Time Limits Continuation of Suspension of Section 735(a)(1) of the Tariff Act of Liquidation I. Changes from the Preliminary Determination 1930, as amended (the Act), requires the In accordance with section II. General Issues Department of Commerce (the 735(c)(1)(B) of the Act, we are directing Comment 1: Separate Rates Department) to issue the final the Customs Service to continue to Comment 2: Self-Produced Energy and Gas determination of an antidumping duty Factors suspend liquidation of all entries of Comment 3: By-Products investigation within 75 days of the date subject merchandise from the PRC, that Comment 4: Valuation of Financial Ratios of the preliminary determination. are entered, or withdrawn from Comment 5: Calculation of Cost of However, if a request is made in writing warehouse, for consumption on or after Materials, Labor, and Utilities by exporters who account for a the date of publication of the Comment 6: Calculation of Profit significant proportion of exports of the Preliminary Determination in the Comment 7: Application of Financial merchandise which is the subject of the Federal Register. The Customs Service Ratios investigation, in a proceeding in which Comment 8: Brokerage and Handling shall continue to require a cash deposit Valuation the preliminary determination by the or posting of a bond equal to the Comment 9: Domestic Inland Insurance administering authority under section estimated amount by which the normal Valuation 733(b) was affirmative, section 735(a)(2) value exceeds the U.S. price as shown Comment 10: Marine Insurance Valuation of the Act allows the Department to below. This suspension of liquidation Comment 11: Lime Valuation postpone the final determination until
VerDate 11
not later than the 135th day after the in the ‘‘Suspension of Liquidation’’ Although the deadline for this date on which it published notice of its section of this notice. determination was originally September preliminary determination. EFFECTIVE DATE: September 28, 2001. 17, 2001, in light of the events of September 11, 2001, and the subsequent Background FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds at (202) 482–6071 or closure of the Federal Government for On January 30, 2001, the Department Robert Copyak at (202) 482–2209, Office reasons of security, the timeframe for initiated the above-referenced of AD/CVD Enforcement VI, Group II, issuing this determination has been investigation. See Notice of Initiation of Import Administration, International extended by four days. Antidumping Duty Investigations: Trade Administration, U.S. Department Welded Large Diameter Line Pipe from Scope of the Investigation of Commerce, Room 4012, 14th Street Mexico and Japan, 66 FR 11266 The merchandise subject to this and Constitution Avenue, NW., (February 23, 2001). The preliminary investigation is certain hot-rolled flat- Washington, DC 20230. determination was published in the rolled carbon-quality steel products of a Federal Register on August 15, 2001. SUPPLEMENTARY INFORMATION: rectangular shape, of a width of 0.5 inch See Notice of Preliminary Determination Applicable Statute and Regulations or greater, neither clad, plated, nor of Sales at Less Than Fair Value: coated with metal and whether or not Welded Large Diameter Line Pipe From Unless otherwise indicated, all painted, varnished, or coated with Mexico (‘‘Preliminary Determination’’), citations to the statute are references to plastics or other non-metallic 66 FR 42841 (August 15, 2001). the provisions effective January 1, 1995, substances, in coils (whether or not in the effective date of the amendments successively superimposed layers), Extension of Final Determination made to the Tariff Act of 1930 (the Act) regardless of thickness, and in straight The respondent in this investigation by the Uruguay Round Agreements Act lengths, of a thickness of less than 4.75 has requested that the Department (URAA). In addition, unless otherwise mm and of a width measuring at least postpone by 60 days the final indicated, all citations to the 10 times the thickness. Universal mill antidumping determination. Because Department’s regulations are to the plate (i.e., flat-rolled products rolled on this request was made consistent with regulations codified at 19 CFR part 351 four faces or in a closed box pass, of a section 735(a)(2)(A) of the Act, the (2000). width exceeding 150 mm, but not Department is postponing the deadline Background exceeding 1250 mm, and of a thickness for issuing this determination until of not less than 4 mm, not in coils and On April 20, 2001, the Department December 28, 2001, which is 135 days without patterns in relief) of a thickness published the preliminary results of after publication of the Preliminary not less than 4.0 mm is not included investigation on certain hot-rolled Determination. within the scope of this investigation. carbon steel flat products from India. Specifically included within the Dated: September 20, 2001. See Notice of Preliminary Affirmative Faryar Shirzad, scope of this investigation are vacuum Countervailing Duty Determination and degassed, fully stabilized (commonly Assistant Secretary for Import Alignment of Final Countervailing Administration. referred to as interstitial-free (IF)) steels, Determination with Final Antidumping high strength low alloy (HSLA) steels, [FR Doc. 01–24415 Filed 9–27–01; 8:45 am] Duty Determinations: Certain Hot- and the substrate for motor lamination BILLING CODE 3510–DS–P Rolled Carbon Steel Flat Products from steels. IF steels are recognized as low India, 66 FR 20240 (April 20, 2001) carbon steels with micro-alloying levels (Preliminary Results). This investigation DEPARTMENT OF COMMERCE of elements such as titanium or niobium covers the following manufacturer/ (also commonly referred to as exporters: Steel Authority of India International Trade Administration columbium), or both, added to stabilize Limited (SAIL), Essar Steel Limited carbon and nitrogen elements. HSLA [C–533–821] (Essar), Ispat Industries Limited (Ispat), steels are recognized as steels with and the Tata Iron and Steel Company Final Affirmative Countervailing Duty micro-alloying levels of elements such Limited (TISCO). The investigation as chromium, copper, niobium, Determination: Certain Hot-Rolled covers the period April 1, 1999, through Carbon Steel Flat Products From India vanadium, and molybdenum. The March 31, 2000. The investigation substrate for motor lamination steels AGENCY: Import Administration, covers 10 programs. contains micro-alloying levels of International Trade Administration, We invited interested parties to elements such as silicon and aluminum. Department of Commerce. comment on the Preliminary Steel products included in the scope Determination. On August 20, 2001, we ACTION: Notice of final affirmative of this investigation, regardless of countervailing duty investigation. received comments from petitioners and definitions in the Harmonized Tariff respondents. On August 30, 2001, we Schedule of the United States (HTS), are SUMMARY: On April 20, 2001, the received rebuttal comments from products in which: (i) Iron Department of Commerce (the petitioners and respondents. At the predominates, by weight, over each of Department) published in the Federal request of the Department, respondents the other contained elements; (ii) the Register its preliminary affirmative subsequently submitted revised rebuttal carbon content is 2 percent or less, by determination in the countervailing comments on September 6, 2001. A weight; and (iii) none of the elements duty investigation of certain hot-rolled public hearing was held at the listed below exceeds the quantity, by carbon steel flat products from India for Department of Commerce on September weight, respectively indicated: 5, 2001. the period April 1, 1999 through March 1.80 percent of manganese, or 31, 2000. The Government of India (GOI) 2.25 percent of silicon, or The net subsidy rates in the Final submitted a proposed suspension 1.00 percent of copper, or Determination differ from those of the agreement on April 20, 2001. The GOI 0.50 percent of aluminum, or Preliminary Determination. The revised proposed an agreement again on August 1.25 percent of chromium, or final net subsidy rates for the 6, 2001. The Department did not accept 0.30 percent of cobalt, or investigated companies are listed below the GOI’s proposals. 0.40 percent of lead, or
VerDate 11
1.25 percent of nickel, or 7225.30.30.50, 7225.30.70.00, weight-averaged the individual rates of 0.30 percent of tungsten, or 7225.40.70.00, 7225.99.00.90, SAIL, Essar, TISCO, and Ispat by each 0.10 percent of molybdenum, or 7226.11.10.00, 7226.11.90.30, company’s respective sales of subject 0.10 percent of niobium, or 7226.11.90.60, 7226.19.10.00, merchandise made to the United States 0.15 percent of vanadium, or 7226.19.90.00, 7226.91.50.00, during the POI. 0.15 percent of zirconium. 7226.91.70.00, 7226.91.80.00, and Under § 351.526 of the regulations, All products that meet the physical 7226.99.00.00. Subject merchandise the Department can adjust cash deposit and chemical description provided may also enter under 7210.70.30.00, rates to account for program-wide above are within the scope of this 7210.90.90.00, 7211.14.00.30, changes. During this investigation, the investigation unless otherwise 7212.40.10.00, 7212.40.50.00, and Department verified that two programs excluded. The following products, by 7212.50.00.00. Although the HTS have been terminated subsequent to the way of example, are outside or subheadings are provided for POI. Therefore, we are adjusting the specifically excluded from the scope of convenience and U.S. Customs cash deposit rates to take into account this investigation: purposes, the Department’s written these program-wide changes. Thus, in • Alloy hot-rolled steel products in description of the merchandise under determining the cash deposit rates listed which at least one of the chemical investigation is dispositive. below, we have deducted the subsidies found for these two programs from the elements exceeds those listed above Analysis of Comments Received (including, e.g., ASTM specifications overall subsidy rate calculated for the A543, A387, A514, A517, A506). All issues raised in the case and investigated companies. • SAE/AISI grades of series 2300 and rebuttal briefs by parties to this higher. investigation are addressed in the Cash de- • ‘‘Issues and Decision Memorandum’’ posit rate Ball bearings steels, as defined in Producer/Exporter (percent ad the HTS. (Decision Memorandum) dated valorem) • Tool steels, as defined in the HTS. September 19, 2001, which is hereby • Silico-manganese (as defined in the adopted by this notice. A list of issues Essar Steel Limited (Essar) ...... 8.25 HTS) or silicon electrical steel with a which parties have raised and to which Ispat Industries Limited (Ispat) 31.89 silicon level exceeding 2.25 percent. we have responded, all of which are in Steel Authority of India Limited • the Decision Memorandum, is attached (SAIL) ...... 18.22 ASTM specifications A710 and Tata Iron and Steel Company A736. to this notice as Appendix I. Parties can find a complete discussion of all issues Limited (TISCO) ...... 9.17 • USS Abrasion-resistant steels (USS All Others Rate ...... 16.08 AR 400, USS AR 500). raised in this investigation and the • All products (proprietary or corresponding recommendations in this In accordance with our preliminary otherwise) based on an alloy ASTM public memorandum which is on file in affirmative determination, we instructed specification (sample specifications: room B–099 of the Main Commerce the U.S. Customs Service to suspend ASTM A506, A507). Building. In addition, a complete liquidation of all entries of certain hot- • Non-rectangular shapes, not in version of the Decision Memorandum rolled carbon steel flat products from coils, which are the result of having can be accessed directly on the World India, which were entered or withdrawn been processed by cutting or stamping Wide Web at http://www.ia.ita.doc.gov, from warehouse, for consumption on or and which have assumed the character under the heading ‘‘Federal Register after April 20, 2001, the date of the of articles or products classified outside Notices.’’ The paper copy and electronic publication of our preliminary chapter 72 of the HTS. version of the Decision Memorandum determination in the Federal Register. The merchandise subject to this are identical in content. In accordance with section 703(d) of the investigation is classified in the HTS at Suspension of Liquidation Act, we instructed the U.S. Customs subheadings: 7208.10.15.00, Service to discontinue the suspension of In accordance with section 7208.10.30.00, 7208.10.60.00, liquidation for merchandise entered on 705(c)(1)(B)(i)(I) of the Act, we have 7208.25.30.00, 7208.25.60.00, or after August 18, 2001, but to continue calculated individual rates for the 7208.26.00.30, 7208.26.00.60, the suspension of liquidation of entries companies under investigation. For the 7208.27.00.30, 7208.27.00.60, made between April 20, 2001 and period April 1, 1999, through March 31, 7208.36.00.30, 7208.36.00.60, August 17, 2001. 2000, we determine the net subsidy 7208.37.00.30, 7208.37.00.60, We will reinstate suspension of rates for the investigated companies to 7208.38.00.15, 7208.38.00.30, liquidation under section 706(a) of the be as follows: 7208.38.00.90, 7208.39.00.15, Act for all entries if the ITC issues a 7208.39.00.30, 7208.39.00.90, Net subsidy final affirmative injury determination 7208.40.60.30, 7208.40.60.60, rate and will require a cash deposit of 7208.53.00.00, 7208.54.00.00, Producer/Exporter (percent ad estimated countervailing duties for such 7208.90.00.00, 7211.14.00.90, valorem) entries of merchandise in the amounts 7211.19.15.00, 7211.19.20.00, indicated above. If the ITC determines 7211.19.30.00, 7211.19.45.00, Essar Steel Limited (Essar) ...... 8.32 Ispat Industries Limited (Ispat) 31.94 that material injury, or threat of material 7211.19.60.00, 7211.19.75.30, Steel Authority of India Limited injury, does not exist, this proceeding 7211.19.75.60, and 7211.19.75.90. (SAIL) ...... 18.38 will be terminated and all estimated Certain hot-rolled flat-rolled carbon- Tata Iron and Steel Company duties deposited or securities posted as quality steel covered by this Limited (TISCO) ...... 9.26 a result of the suspension of liquidation investigation, including: vacuum All Others Rate ...... 16.17 will be refunded or canceled. degassed fully stabilized; high strength low alloy; and the substrate for motor As explained in the Decision ITC Notification lamination steel may also enter under Memorandum, we have applied the In accordance with section 705(d) of the following tariff numbers: facts available rate to Jindal. To the Act, we will notify the ITC of our 7225.11.00.00, 7225.19.00.00, calculate the ‘‘all others’’ rate, we determination. In addition, we are
VerDate 11
making available to the ITC all non- II. Programs Determined To Be Not Used DEPARTMENT OF COMMERCE privileged and non-proprietary A. Income Tax Deductions Under Section information related to this investigation. 80 HHC International Trade Administration We will allow the ITC access to all B. Grant-in-Aid Reported on SAIL’s Annual [C–560–813] privileged and business proprietary Reports information in our files, provided that III. Total Ad Valorem Rate Final Affirmative Countervailing Duty the ITC confirms that it will not disclose Determination: Certain Hot-Rolled such information, either publically or IV. Analysis of Comments Carbon Steel Flat Products From under an administrative protective order Comment 1: Steel Development Loans and Indonesia (APO), without the written consent of Loan Forgiveness AGENCY: Import Administration, the Assistant Secretary for Import Comment 2: Attribution of the GOI’s International Trade Administration, Administration. Waiver of SAIL’s SDF Loans If the ITC determines that material Comment 3: The Attribution of GOI Debt Department of Commerce. injury, or threat of material injury, does Forgiveness ACTION: Notice of Final Affirmative not exist, these proceedings will be Comment 4: Suspension of Interest Countervailing Duty Investigation. terminated. If however, the ITC Payments Due on SAIL’s SDF Loans During SUMMARY: determines that such injury does exist, the POI On April 20, 2001, the we will issue a countervailing duty Comment 5: Countervailability of Advance Department of Commerce (the order. Licenses Department) published in the Federal Comment 6: Countervailability of DEPS Register its preliminary affirmative Return or Destruction of Proprietary determination in the countervailing Information Comment 7: Program-Wide Changes Comment 8: Income Tax Deductions under duty investigation of certain hot-rolled In the event that the ITC issues a final Section 80HHC of the Indian Tax Act carbon steel flat products from negative injury determination, this Comment 9: Uncreditworthy Allegations Indonesia for the period January 1, 1999 notice will serve as the only reminder Comment 10: Denominator to be Used for through December 31, 1999. to parties subject to APO of their SAIL and Essar’s Pre-shipment Export The net subsidy rate in the Final responsibility concerning the Financing Determination differs from that of the destruction of proprietary information Comment 11: Long-term Interest Rate Preliminary Determination. The revised disclosed under APO in accordance Benchmark for Calculating the Benefit to final net subsidy rate for the with 19 CFR 351.305(a)(3). Failure to Essar from the Export Promotion Capital investigated company is listed below in comply is a violation of the APO. Goods Scheme the ‘‘Suspension of Liquidation’’ section This determination is published Comment 12: Sales Tax Obtained from the of this notice. pursuant to sections 705(d) and 777(i) of Sales of Special Import Licenses EFFECTIVE DATE: September 28, 2001. the Act. Comment 13: Exemption of Export Credit FOR FURTHER INFORMATION CONTACT: Dated: September 21, 2001. from Interest Tax Stephanie Moore at (202) 482–3692 or Faryar Shirzad, Comment 14: Ispat’s Uninstalled and Tipten Troidl at (202) 482–1767, Office Assistant Secretary for Import Common Capital Equipment under the of AD/CVD Enforcement VI, Group II, Administration. EPCGS Import Administration, International Comment 15: Ispat’s Corrected FOB Sales Appendix I—Issues and Decision Trade Administration, U.S. Department Values of Commerce, Room 4012, 14th Street Memorandum Comment 16: Value of DEPS Benefits and Constitution Avenue, NW., Conferred on Ispat Methodology and Background Information Washington, DC 20230. Comment 17: Petitioners’ Allegation of I. The Net Subsidy Rate Attributable to Jindal Errors in the Calculation of Ispat’s Subsidy SUPPLEMENTARY INFORMATION Vijaynagar Ltd. Rate Applicable Statute and Regulations II. Subsidies Valuation Information Comment 18: Guarantee Fees Charged by Unless otherwise indicated, all A. Allocation Period the GOI for Loans Obtained by SAIL from B. Creditworthiness International Lending Institutions citations to the statute are references to C. Benchmarks for Loans and Discount Comment 19: Calculation of TISCO’s Long- the provisions effective January 1, 1995, Rate term Benchmark Interest Rate the effective date of the amendments made to the Tariff Act of 1930 (the Act) III. Program-Wide Changes Comment 20: Calculation of Duty and Application Fees Actually Paid by TISCO by the Uruguay Round Agreements Act Analysis of Programs Under the EPCGS Program (URAA). In addition, unless otherwise I. Programs Conferring Subsidies Comment 21: Calculation of TISCO’s SDF indicated, all citations to the Department’s regulations are to the A. Pre-Shipment and Post-Shipment Loan Repayments Export Financing Comment 22: Calculation of TISCO’s Short- regulations codified at 19 CFR part 351 B. Duty Entitlement Passbook Scheme Term Rupee-Denominated Benchmark (2000). C. Advance Licenses Interest Rate Background D. Special Import Licenses (SILs) Comment 23: Calculation of DEPS Program E. Export Promotion Capital Goods Scheme Rate for TISCO On April 20, 2001, the Department (EPCGS) Comment 24: Benefit to TISCO Under the published the preliminary results of F. Loans from the Steel Development Fund EPCGS Program investigation on certain hot-rolled (SDF) Fund Comment 25: Denominator for TISCO’s carbon steel flat products from India. G. The GOI’s Forgiveness of SDF Loans Post-Shipment Export Financing Program See Notice of Preliminary Affirmative Issued to SAIL H. GOI Forgiveness of Other Loans Issued Comment 26: Calculation of TISCO’s SDF Countervailing Duty Determination and to SAIL Loans Alignment of Final Countervailing Duty I. Loan Guarantees from the GOI [FR Doc. 01–24404 Filed 9–27–01; 8:45 am] Determination With Final Antidumping J. Exemption of Export Credit from Interest Duty Determination: Certain Hot-Rolled Taxes BILLING CODE 3510–DS–P Carbon Steel Flat Products From
VerDate 11
Indonesia, 66 FR 20236, (April 20, 2001) definitions in the Harmonized Tariff 7208.39.00.30, 7208.39.00.90, (Preliminary Results). This investigation Schedule of the United States (HTS), are 7208.40.60.30, 7208.40.60.60, covers one manufacturer/exporter: P.T. products in which: (i) Iron 7208.53.00.00, 7208.54.00.00, Krakatau Steel (Krakatau). The predominates, by weight, over each of 7208.90.00.00, 7211.14.00.90, investigation covers the period January the other contained elements; (ii) the 7211.19.15.00, 7211.19.20.00, 1, 1999, through December 31, 1999. carbon content is 2 percent or less, by 7211.19.30.00, 7211.19.45.00, The investigation covers 2 programs. weight; and (iii) none of the elements 7211.19.60.00, 7211.19.75.30, We invited interested parties to listed below exceeds the quantity, by 7211.19.75.60, and 7211.19.75.90. comment on the Preliminary weight, respectively indicated: Certain hot-rolled flat-rolled carbon- Determination. On August 10, 2001, we 1.80 percent of manganese, or quality steel covered by this received comments from petitioners and 2.25 percent of silicon, or investigation, including: vacuum respondents. On August 21, 2001, we 1.00 percent of copper, or degassed fully stabilized; high strength received rebuttal comments from 0.50 percent of aluminum, or low alloy; and the substrate for motor petitioners and respondents. A public 1.25 percent of chromium, or lamination steel may also enter under hearing was held at the Department of 0.30 percent of cobalt, or the following tariff numbers: Commerce on September 6, 2001. 0.40 percent of lead, or 7225.11.00.00, 7225.19.00.00, Although the deadline for this 1.25 percent of nickel, or 7225.30.30.50, 7225.30.70.00, determination was originally September 0.30 percent of tungsten, or 7225.40.70.00, 7225.99.00.90, 17, 2001, in light of the events of 0.10 percent of molybdenum, or 7226.11.10.00, 7226.11.90.30, September 11, 2001, and the subsequent 0.10 percent of niobium, or 7226.11.90.60, 7226.19.10.00, closure of the Federal Government for 0.15 percent of vanadium, or 7226.19.90.00, 7226.91.50.00, reasons of security, the time frame for 0.15 percent of zirconium. 7226.91.70.00, 7226.91.80.00, and issuing this determination has been 7226.99.00.00. Subject merchandise extended by four days. All products that meet the physical and chemical description provided may also enter under 7210.70.30.00, Scope of the Investigation above are within the scope of this 7210.90.90.00, 7211.14.00.30, The merchandise subject to this investigation unless otherwise 7212.40.10.00, 7212.40.50.00, and investigation is certain hot-rolled flat- excluded. The following products, by 7212.50.00.00. Although the HTS rolled carbon-quality steel products of a way of example, are outside or subheadings are provided for rectangular shape, of a width of 0.5 inch specifically excluded from the scope of convenience and U.S. Customs or greater, neither clad, plated, nor this investigation: purposes, the Department’s written coated with metal and whether or not • Alloy hot-rolled steel products in description of the merchandise under painted, varnished, or coated with which at least one of the chemical investigation is dispositive. plastics or other non-metallic elements exceeds those listed above Analysis of Comments Received substances, in coils (whether or not in (including, e.g., ASTM specifications successively superimposed layers), A543, A387, A514, A517, A506). All issues raised in the case and regardless of thickness, and in straight • SAE/AISI grades of series 2300 and rebuttal briefs by parties to this lengths, of a thickness of less than 4.75 higher. investigation are addressed in the mm and of a width measuring at least • Ball bearings steels, as defined in ‘‘Issues and Decision Memorandum’’ 10 times the thickness. Universal mill the HTS. (Decision Memorandum) dated plate (i.e., flat-rolled products rolled on • Tool steels, as defined in the HTS. September 19, 2001, which is hereby four faces or in a closed box pass, of a • Silico-manganese (as defined in the adopted by this notice. A list of issues width exceeding 150 mm, but not HTS) or silicon electrical steel with a which parties have raised and to which exceeding 1250 mm, and of a thickness silicon level exceeding 2.25 percent. we have responded, all of which are in of not less than 4 mm, not in coils and • ASTM specifications A710 and the Decision Memorandum, is attached without patterns in relief) of a thickness A736. to this notice as Appendix I. Parties can not less than 4.0 mm is not included • USS Abrasion-resistant steels (USS find a complete discussion of all issues within the scope of this investigation. AR 400, USS AR 500). raised in this investigation and the Specifically included within the • All products (proprietary or corresponding recommendations in this scope of this investigation are vacuum otherwise) based on an alloy ASTM public memorandum which is on file in degassed, fully stabilized (commonly specification (sample specifications: room B–099 of the Main Commerce referred to as interstitial-free (IF)) steels, ASTM A506, A507). Building. In addition, a complete high strength low alloy (HSLA) steels, • Non-rectangular shapes, not in version of the Decision Memorandum and the substrate for motor lamination coils, which are the result of having can be accessed directly on the World steels. IF steels are recognized as low been processed by cutting or stamping Wide Web at http://www.ia.ita.doc.gov, carbon steels with micro-alloying levels and which have assumed the character under the heading ‘‘Federal Register of elements such as titanium or niobium of articles or products classified outside Notices.’’ The paper copy and electronic (also commonly referred to as chapter 72 of the HTS. version of the Decision Memorandum columbium), or both, added to stabilize The merchandise subject to this are identical in content. carbon and nitrogen elements. HSLA investigation is classified in the HTS at Suspension of Liquidation steels are recognized as steels with subheadings: 7208.10.15.00, micro-alloying levels of elements such 7208.10.30.00, 7208.10.60.00, In accordance with section as chromium, copper, niobium, 7208.25.30.00, 7208.25.60.00, 705(c)(1)(B)(i)(I) of the Act, we have vanadium, and molybdenum. The 7208.26.00.30, 7208.26.00.60, calculated an individual rate for the substrate for motor lamination steels 7208.27.00.30, 7208.27.00.60, company under investigation, Krakatau. contains micro-alloying levels of 7208.36.00.30, 7208.36.00.60, The ‘‘all others’’ rate is the rate elements such as silicon and aluminum. 7208.37.00.30, 7208.37.00.60, calculated for Krakatau, the sole Steel products included in the scope 7208.38.00.15, 7208.38.00.30, company subject to this investigation. of this investigation, regardless of 7208.38.00.90, 7208.39.00.15, For the period January 1 1999, through
VerDate 11
December 31, 1999, we determine the notice will serve as the only reminder SUMMARY: On August 6, 2001, the following net subsidy rates: to parties subject to APO of their Department of Commerce responsibility concerning the (‘‘Department’’) received a letter on Producer/exporter Net subsidy rate destruction of proprietary information behalf of the INI Steel Company (‘‘INI’’), [percent] disclosed under APO in accordance formerly Inchon Iron and Steel Co., Ltd. P.T. Krakatau Steel ... 10.21 Ad Valorem. with 19 CFR 351.305(a)(3). Failure to (‘‘Inchon’’), notifying the Department All Others ...... 10.21 Ad Valorem. comply is a violation of the APO. that Inchon’s corporate name has This determination is published changed to INI Steel Company. INI In accordance with our preliminary pursuant to sections 705(d) and 777(i) of requests that the Department initiate a affirmative determination, we instructed the Act. changed circumstance administrative the U.S. Customs Service to suspend Dated: September 21, 2001. review to confirm that INI is the successor-in-interest to Inchon, and liquidation of all entries of certain hot- Faryar Shirzad, entitled to Inchon’s rate. rolled carbon steel flat products from Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: Indonesia, which were entered or Administration. withdrawn from warehouse, for Tipten Troidl or Richard Herring, consumption on or after April 20, 2001, Appendix I—Issues and Decision Import Administration, International the date of the publication of our Memorandum Trade Administration, U.S. Department preliminary determination in the Methodology and Background Information of Commerce, 14th Street and Federal Register. In accordance with Constitution Avenue, NW., Washington, I. Subsidies Valuation Information DC 20230; telephone (202) 482–2786. section 703(d) of the Act, we instructed A. Allocation Period the U.S. Customs Service to discontinue B. Creditworthiness and Calculation of SUPPLEMENTARY INFORMATION: the suspension of liquidation for Discount Rate Applicable Statute and Regulations merchandise entered on or after August C. Equityworthiness 18, 2001, but to continue the suspension Unless otherwise indicated, all of liquidation of entries made between Analysis of Programs citations to the statute are references to April 20, 2001 and August 17, 2001. I. Programs Conferring Subsidies the provisions effective January 1, 1995, We will reinstate suspension of A. GOI Equity Infusions the effective date of the amendments liquidation under section 706(a) of the B. Two Step Loan made to the Tariff Act of 1930 (‘‘the Act for all entries if the ITC issues a II. Program Determined To Be Not Act’’) by the Uruguay Round Countervailable final affirmative injury determination III. Program Determined To Be Not Used Agreements Act (‘‘URAA’’). In addition, and will require a cash deposit of A. Rediscount Loans from the Bank of unless otherwise indicated, all citations estimated countervailing duties for such Indonesia to the Department’s regulations are to entries of merchandise in the amounts IV. Total Ad Valorem Rate the regulations at 19 CFR part 351 indicated above. If the ITC determines V. Analysis of Comments (2001). Comment 1: Effects of Hyperinflation that material injury, or threat of material Background injury, does not exist, this proceeding during 1998 will be terminated and all estimated Comment 2: GOI’s Equity Infusion to In an August 6, 2001, letter to the duties deposited or securities posted as Krakatau Department, INI Steel Company, a result of the suspension of liquidation Comment 3: GOI’s Equity Infusion Specific formerly Inchon Iron and Steel Co., Ltd., to Krakatau will be refunded or canceled. notified the Department that as of Comment 4: Use of Consolidated Total August 1, 2001, Inchon’s corporate ITC Notification Sales as the Denominator Comment 5: Feasibility Study and name had changed to INI Steel In accordance with section 705(d) of Equityworthiness Company. INI stated that its owners, the Act, we will notify the ITC of our Comment 6: Two Step Loan Program management structure, production determination. In addition, we are Comment 7: GOI Equity Infusions applying facilities, supplier relationships and making available to the ITC all non- Adverse Facts Available customer base are unchanged and privileged and non-proprietary Comment 8: Krakatau’s Creditworthiness unaffected by the adoption of the new corporate name. INI provided information related to this investigation. [FR Doc. 01–24406 Filed 9–27–01; 8:45 am] We will allow the ITC access to all documentation to support the official privileged and business proprietary BILLING CODE 3510–DS–P adoption of a new corporation name information in our files, provided that consisting of: The minutes of Inchon’s the ITC confirms that it will not disclose DEPARTMENT OF COMMERCE July 27, 2001 shareholders’ meeting such information, either publically or where the name change was approved; under an administrative protective order International Trade Administration the Inchon District Court’s official (APO), without the written consent of certification of the name change the Assistant Secretary for Import [C–580–835] registered on July 31, 2001; and INI’s Administration. Stainless Steel Sheet and Strip in Coils Business Registration Certificate issued If the ITC determines that material from the Republic of Korea: Notice of on August 1, 2001 by the Inchon Tax injury, or threat of material injury, does Initiation of Changed Circumstances Office. not exist, these proceedings will be Countervailing Duty Administrative Scope of the Review terminated. If however, the ITC Review determines that such injury does exist, For purposes of this changed we will issue a countervailing duty AGENCY: Import Administration, circumstances review, the products order. International Trade Administration, covered are certain stainless steel sheet Department of Commerce. and strip in coils. Stainless steel is an Return or Destruction of Proprietary alloy steel containing, by weight, 1.2 ACTION: Notice of Initiation of Changed Information percent or less of carbon and 10.5 Circumstances Countervailing Duty In the event that the ITC issues a final percent or more of chromium, with or Administrative Review. negative injury determination, this without other elements. The subject
VerDate 11
sheet and strip is a flat-rolled product in reduced), in coils, of a width of not of no more than 0.045 percent, sulfur of coils that is greater than 9.5 mm in more than 23 mm and a thickness of no more than 0.03 percent, lanthanum width and less than 4.75 mm in 0.266 mm or less, containing, by weight, of less than 0.002 or greater than 0.05 thickness, and that is annealed or 12.5 to 14.5 percent chromium, and percent, and total rare earth elements of otherwise heat treated and pickled or certified at the time of entry to be used more than 0.06 percent, with the otherwise descaled. The subject sheet in the manufacture of razor blades. See balance iron. and strip may also be further processed Chapter 72 of the HTSUS, ‘‘Additional Permanent magnet iron-chromium- (e.g., cold-rolled, polished, aluminized, U.S. Note’’ 1(d). cobalt alloy stainless strip is also coated, etc.) provided that it maintains The Department has determined that excluded from the scope of this review. the specific dimensions of sheet and certain additional specialty stainless This ductile stainless steel strip strip following such processing. steel products are also excluded from contains, by weight, 26 to 30 percent The merchandise subject to this the scope of this review. These excluded chromium, and 7 to 10 percent cobalt, review is classified in the Harmonized products are described below. with the remainder of iron, in widths Tariff Schedule of the United States Flapper value steel is excluded from 228.6 mm or less, and a thickness (HTSUS) at subheadings: 7219.13.0031, this review. Flapper valve steel is between 0.127 and 1.270 mm. It exhibits 7219.13.0051, 7219.13.0071, defined as stainless steel strip in coils magnetic remanence between 9,000 and 7219.1300.81,1 7219.14.0030, containing, by weight, between 0.37 and 12,000 gauss, and a coercivity of 7219.14.0065, 7219.14.0090, 0.43 percent carbon, between 1.15 and between 50 and 300 oersteds. This 7219.32.0005, 7219.32.0020, 1.35 percent molybdenum, and between product is most commonly used in 7219.32.0025, 7219.32.0035, 0.20 and 0.80 percent manganese. This electronic sensors and is currently 7219.32.0036, 7219.32.0038, steel also contains, by weight, available under proprietary trade names 7219.32.0042, 7219.32.0044, phosphorus of 0.025 percent or less, such as ‘‘Arnokrome III.’’ 2 7219.33.0005, 7219.33.0020, silicon of between 0.20 and 0.50 Certain electrical resistance alloy steel 7219.33.0025, 7219.33.0035, percent, and sulfur of 0.020 percent or is also excluded from the scope of this 7219.33.0036, 7219.33.0038, less. The product is manufactured by review. This product is defined as a 7219.33.0042, 7219.33.0044, means of vacuum arc remelting, with non-magnetic stainless steel 7219.34.0005, 7219.34.0020, inclusion controls for sulphide of no manufactured to American Society of 7219.34.0025, 7219.34.0030, more than 0.04 percent and for oxide of Testing and Materials (‘‘ASTM’’) 7219.34.0035, 7219.35.0005, no more than 0.05 percent. Flapper specification B344 and containing, by 7219.35.0015, 7219.35.0030, valve steel has a tensile strength of weight, 36 percent nickel, 18 percent 7219.35.0035, 7219.90.0010, between 210 and 300 ksi, yield strength chromium, and 46 percent iron, and is 7219.90.0020, 7219.90.0025, of between 170 and 270 ksi, plus or most notable for its resistance to high 7219.90.0060, 7219.90.0080, minus 8 ksi, and a hardness (Hv) of temperature corrosion. It has a melting 7220.12.1000, 7220.12.5000, between 460 and 590. Flapper valve point of 1390 degrees Celsius and 7220.20.1010, 7220.20.1015, steel is most commonly used to produce displays a creep rupture limit of 4 7220.20.1060, 7220.20.1080, specialty flapper valves in compressors. kilograms per square millimeter at 1000 Also excluded is a product referred to 7220.20.6005, 7220.20.6010, degrees Celsius. This steel is most as suspension foil, a specialty steel 7220.20.6015, 7220.20.6060, commonly used in the production of product used in the manufacture of 7220.20.6080, 7220.20.7005, heating ribbons for circuit breakers and suspension assemblies for computer 7220.20.7010, 7220.20.7015, industrial furnaces, and in rheostats for disk drives. Suspension foil is described 7220.20.7060, 7220.20.7080, railway locomotives. The product is as 302/304 grade or 202 grade stainless 7220.20.8000, 7220.20.9030, currently available under proprietary steel of a thickness between 14 and 127 trade names such as ‘‘Gilphy 36.’’3 7220.20.9060, 7220.90.0010, microns, with a thickness tolerance of 7220.90.0015, 7220.90.0060, and Certain martensitic precipitation- plus-or-minus 2.01 microns, and surface hardenable stainless steel is also 7220.90.0080. Although the HTSUS glossiness of 200 to 700 percent Gs. subheadings are provided for excluded from the scope of this review. Suspension foil must be supplied in coil This high-strength, ductile stainless convenience and Customs purposes, the widths of not more than 407 mm, and Department’s written description of the steel product is designated under the with a mass of 225 kg or less. Roll marks Unified Numbering System (‘‘UNS’’) as merchandise under review is may only be visible on one side, with dispositive. S45500–grade steel, and contains, by no scratches of measurable depth. The weight, 11 to 13 percent chromium, and Excluded from the scope of this material must exhibit residual stresses review are the following: (1) Sheet and 7 to 10 percent nickel. Carbon, of 2 mm maximum deflection, and manganese, silicon and molybdenum strip that is not annealed or otherwise flatness of 1.6 mm over 685 mm length. heat treated and pickled or otherwise each comprise, by weight, 0.05 percent Certain stainless steel foil for or less, with phosphorus and sulfur descaled, (2) sheet and strip that is cut automotive catalytic converters is also to length, (3) plate (i.e., flat-rolled each comprising, by weight, 0.03 excluded from the scope of this review. percent or less. This steel has copper, stainless steel products of a thickness of This stainless steel strip in coils is a 4.75 mm or more), (4) flat wire (i.e., niobium, and titanium added to achieve specialty foil with a thickness of aging, and will exhibit yield strengths as cold-rolled sections, with a prepared between 20 and 110 microns used to edge, rectangular in shape, of a width of high as 1700 Mpa and ultimate tensile produce a metallic substrate with a strengths as high as 1750 Mpa after not more than 9.5 mm), and (5) razor honeycomb structure for use in blade steel. Razor blade steel is a flat- aging, with elongation percentages of 3 automotive catalytic converters. The percent or less in 50 mm. It is generally rolled product of stainless steel, not steel contains, by weight, carbon of no further worked than cold-rolled (cold- provided in thicknesses between 0.635 more than 0.030 percent, silicon of no and 0.787 mm, and in widths of 25.4 more than 1.0 percent, manganese of no 1 Due to changes to the HTSUS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and more than 1.0 percent, chromium of 2 ‘‘Arnokrome III’’ is a trademark of the Arnold 7219.13.0080 are now 7219.13.0031, 7219.13.0051, between 19 and 22 percent, aluminum Engineering Company. 7219.13.0071, and 7219.13.0081, respectively. of no less than 5.0 percent, phosphorus 3 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
VerDate 11
mm. This product is most commonly to warrant a review under 19 CFR successor-in-interest to Inchon, and used in the manufacture of television 351.216. We will publish in the Federal excluded from the order. tubes and is currently available under Register a notice of preliminary results FOR FURTHER INFORMATION CONTACT: proprietary trade names such as of countervailing duty changed Tipten Troidl or Richard Herring, ‘‘Durphynox 17.’’ 4 circumstances review, in accordance Import Administration, International Finally, three specialty stainless steels with 19 CFR 351.221(b)(4) and Trade Administration, U.S. Department typically used in certain industrial 351.221(c)(3)(i), which will set forth the of Commerce, 14th Street and blades and surgical and medical factual and legal conclusions upon Constitution Avenue, NW., Washington, instruments are also excluded from the which our preliminary results are based DC 20230; telephone (202) 482–2786. scope of this review. These include and a description of any action SUPPLEMENTARY INFORMATION: stainless steel strip in coils used in the proposed based on those results. As per production of textile cutting tools (e.g., 351.221(b)(4), interested parties will Applicable Statute and Regulations carpet knives).5 This steel is similar to have an opportunity to comment. The Unless otherwise indicated, all AISI grade 420 but containing, by Department will issue its final results of citations to the statute are references to weight, 0.5 to 0.7 percent of review in accordance with the time the provisions effective January 1, 1995, molybdenum. The steel also contains, limitations set forth in 19 CFR the effective date of the amendments by weight, carbon of between 1.0 and 351.216(e). All written comments must made to the Tariff Act of 1930 (‘‘the 1.1 percent, sulfur of 0.020 percent or be submitted to the Department and Act’’) by the Uruguay Round less, and includes between 0.20 and served on all interested parties on the Agreements Act (‘‘URAA’’). In addition, 0.30 percent copper and between 0.20 Department’s service list in accordance unless otherwise indicated, all citations and 0.50 percent cobalt. This steel is with 19 CFR 351.303. to the Department’s regulations are to sold under proprietary names such as During the course of this changed the regulations at 19 CFR Part 351 ‘‘GIN4 Mo.’’ The second excluded circumstances review, we will not (2001). stainless steel strip in coils is similar to change any cash deposit instructions on Background AISI 420–J2 and contains, by weight, the merchandise subject to this changed carbon of between 0.62 and 0.70 circumstances review, unless a change In an August 6, 2001, letter to the percent, silicon of between 0.20 and is determined to be warranted pursuant Department, INI Steel Company, 0.50 percent, manganese of between to the final results of this review. formerly Inchon Iron and Steel Co., Ltd., 0.45 and 0.80 percent, phosphorus of no This notice is in accordance with notified the Department that as of more than 0.025 percent and sulfur of section 751(b)(1) of the Act and 19 CFR August 1, 2001, Inchon’s corporate no more than 0.020 percent. This steel 351.216 and 351.221. name had changed to INI Steel has a carbide density on average of 100 Company. INI stated that its owners, Dated: September 21, 2001. management structure, production carbide particles per 100 square Faryar Shirzad, microns. An example of this product is facilities, supplier relationships and Assistant Secretary for Import customer base are unchanged and ‘‘GIN5’’ steel. The third specialty steel Administration. has a chemical composition similar to unaffected by the adoption of the new [FR Doc. 01–24407 Filed 9–27–01; 8:45 am] AISI 420 F, with carbon of between 0.37 corporate name. INI provided and 0.43 percent, molybdenum of BILLING CODE 3510–DS–P documentation to support the official adoption of a new corporate name between 1.15 and 1.35 percent, but consisting of: The minutes of Inchon’s lower manganese of between 0.20 and DEPARTMENT OF COMMERCE July 27, 2001 shareholders’ meeting 0.80 percent, phosphorus of no more where the name change was approved; than 0.025 percent, silicon of between International Trade Administration the Inchon District Court’s official 0.20 and 0.50 percent, and sulfur of no certification of the name change more than 0.020 percent. This product [C–580–842] registered on July 31, 2001; and INI’s is supplied with a hardness of more Business Registration Certificate issued than Hv 500 guaranteed after customer Structural Steel Beams From the on August 1, 2001 by the Inchon Tax processing, and is supplied as, for Republic of Korea: Notice of Initiation Office. example, ‘‘GIN6’’.6 of Changed Circumstances Countervailing Duty Administrative Scope of the Review Initiation of Changed Circumstance Review CVD Review The products covered by this review AGENCY: Import Administration, include structural steel beams that are At the request of INI, and in International Trade Administration, doubly-symmetric shapes, whether hot- accordance with sections 751(b)(1) of Department of Commerce. or cold-rolled, drawn, extruded, formed the Act, and § 351.216 of the ACTION: Notice of initiation of changed or finished, having at least one Department’s regulations, the dimension of at least 80 mm (3.2 inches Department is initiating a changed circumstances countervailing duty administrative review. or more), whether of carbon or alloy circumstance review of stainless steel (other than stainless) steel, and whether sheet and strip in coils from Korea to SUMMARY: On August 6, 2001, the or not drilled, punched, notched, determine whether INI is the successor- Department of Commerce painted, coated or clad. These products in-interest to Inchon Iron and Steel, Co., (‘‘Department’’) received a letter on include, but are not limited to, wide- Ltd. behalf of the INI Steel Company (‘‘INI’’), flange beams (‘‘W’’ shapes), bearing The information submitted by INI formerly Inchon Iron and Steel Co., Ltd. piles (‘‘HP’’ shapes), standard beams shows changed circumstances sufficient (‘‘Inchon’’), notifying the Department (‘‘S’’ or ‘‘I’’ shapes), and M-shapes. that Inchon’s corporate name has All products that meet the physical 4 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A. changed to INI Steel Company. INI and metallurgical descriptions provided 5 This list of uses is illustrative and provided for descriptive purposes only. requests that the Department initiate a above are within the scope of this 6 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the changed circumstance administrative investigation unless otherwise proprietary grades of Hitachi Metals America, Ltd. review to confirm that INI is the excluded. The following products are
VerDate 11
outside and/or specifically excluded Dated: September 21, 2001. as well as the general public, plus ten from the scope of this investigation: Faryar Shirzad. local, state and federal governmental structural steel beams greater than 400 Assistant Secretary for Import jurisdictions. In addition, the respective pounds per linear foot or with a web or Administration. managers of the four California National section height (also known as depth) [FR Doc. 01–24405 Filed 9–27–01; 8:45 am] Marine Sanctuaries (Channel Islands over 40 inches. BILLING CODE 3510–DS–P National Marine Sanctuary, Cordell The merchandise subject to this Bank National Marine Sanctuary, Gulf investigation is classified in the of the Farallones National Marine DEPARTMENT OF COMMERCE Harmonized Tariff Schedule of the Sanctuary, and the Monterey Bay United States (‘‘HTSUS’’) at National Oceanic and Atmospheric National Marine Sanctuary) participate subheadings: 7216.32.0000, Administration as non-voting members. 7216.33.0030, 7216.33.0060, The Council is currently supported by 7216.33.0090, 7216.50.0000, Availability of Seats for the Channel four working groups: the Conservation 7216.61.0000, 7216.69.0000, Islands National Marine Sanctuary Working Group chaired by the 7216.91.0000, 7216.99.0000, Advisory Council Conservation representative, the Fishing 7228.70.3040, 7228.70.6000. Although AGENCY: National Marine Sanctuary Working Group chaired by the Fishing the HTSUS subjeadings are provided for Program (NMSP), National Ocean representative, the Ports and Harbors convenience and Customs purposes, the Service (NOS), National Oceanic and Working Group chaired by the Ventura written description of the merchandise Atmospheric Administration, County representative, and the Military under investigation is dispositive. Department of Commerce (DOC). Working Group chaired by the Initiation of Changed Circumstance ACTION: Notice and request for Department of Defense representative CVD Review applications. each respectively dealing with matters concerning the Sanctuary. The working SUMMARY: The Channel Islands National At the request of INI, and in groups are composed of experts from the Marine Sanctuary (CINMS or Sanctuary) accordance with sections 751(b)(1) of appropriate fields of interest, serving as the Act, and section 351.216 of the is seeking applicants for the following six member and three alternate seats on invaluable advisors to the Council and Department’s regulations, the the Sanctuary Manager. Department is initiating a changed its Sanctuary Advisory Council circumstance review of stainless steel (Council): Recreation member, Business The Council represents the sheet and strip in coils from Korea to member and alternate, Public At-Large coordination link between the determine whether INI is the successor- (2 members, 1 alternate), Fishing Sanctuary and the state and federal in-interest to Inchon Iron and Steel, Co., member, Conservation member, and management agencies, user groups, Ltd. Research alternate. Applicants are researchers, educators, policy makers, chosen based upon their particular and other various groups that help to The information submitted by INI expertise and experience in relation to shows changed circumstances sufficient focus efforts and attention on the marine the seat for which they are applying; ecosystems of the Channel Islands. to warrant a review under 19 CFR community and professional affiliations; 351.216. We will publish in the Federal philosophy regarding the conservation The Council functions in an advisory Register a notice of preliminary results and management of marine resources; capacity to the Sanctuary manager and of countervailing duty changed and the length of residence in the area is instrumental in helping develop circumstances review, in accordance affected by the Sanctuary. Applicants policies, program goals, and identify with 19 CFR 351.221(b)(4) and who are chosen should expect to serve education, outreach, research, long-term 351.221(c)(3)(i), which will set forth the three-year terms, pursuant to the monitoring, and resource protection factual and legal conclusions upon Council’s Charter. priorities. The Council works in concert which our preliminary results are based DATES: Applications are due by with the Sanctuary Manager by keeping and a description of any action November 5, 2001. him or her informed about issues of proposed based on those results. As per ADDRESSES: Application kits may be concern throughout the Sanctuary, 351.221(b)(4), interested parties will obtained from Michael Murray at the offering recommendations on specific have an opportunity to comment. The Channel Islands National Marine issues, and aiding the Manager in Department will issue its final results of Sanctuary, 113 Harbor Way, Santa achieving the goals of the Sanctuary review in accordance with the time Barbara, California, 93109, or online at: program within the context of limitations set forth in 19 CFR www.cinms.nos.noaa.gov/ California’s marine programs and 351.216(e). All written comments must sachome1.html. Completed applications policies. be submitted to the Department and should be sent to the same address. served on all interested parties on the Authority: 16 U.S.C. Section 1431 et seq. FOR FURTHER INFORMATION CONTACT: Department’s service list in accordance Michael Murray at (805) 844–1464, or (Federal Domestic Assistance Catalog with 19 CFR 351.303. [email protected]. Number 11.429 Marine Sanctuary Program) During the course of this changed Dated: September 24, 2001. SUPPLEMENTARY INFORMATION: The circumstances review, we will not CINMS Advisory Council was Jamison S. Hawkins, change any cash deposit instructions on established in December 1998 to assure Deputy Assistant Administrator for Ocean the merchandise subject to this changed continued public participation in the Services and Coastal Zone Management. circumstances review, unless a change it management of the Sanctuary. Since its [FR Doc. 01–24290 Filed 9–27–01; 8:45 am] determined to be warranted pursuant to establishment, the Council has played a BILLING CODE 3510–08–M the final results of this review. vital role in the decisions affecting the This notice is in accordance with Sanctuary. section 751(b)(1) of the Act and 19 CFR The Council’s twenty voting members 351.216 and 351.221. represent a variety of local user groups,
VerDate 11
DEPARTMENT OF COMMERCE Environmental Assessments. DEPARTMENT OF DEFENSE Specifically, 40 CFR section 1506.6 National Oceanic and Atmospheric requires agencies to provide public Department of the Army Administration notice of the availability of environmental documents. This notice Availability for Non-Exclusive, ENVIRONMENTAL PROTECTION is part of NOAA’s action to comply with Exclusive, or Partially Exclusive AGENCY this requirement. Licensing of U.S. Patent Concerning Live Attenuated Virus Vaccine for Coastal Nonpoint Pollution Control Copies of the proposed Findings Western Equine Encephalitis Virus, Program: Proposed Findings Documents, Environmental Eastern Equine Encephalitis Virus, and Documents, Environmental Assessments, and Findings of No Venezuelan Equine Encephalitis Virus Assessments, and Findings of No Significant Impact may be found on the IE and IIIA Variants. Significant Impact NOAA website at http:// www.ocrm.nos.noaa.gov/czm/6217/ or AGENCY: National Oceanic and AGENCY: U.S. Army Medical Research may be obtained upon request from: Atmospheric Administration, U.S. and Materiel Command, DOD. Joseph Flanagan, Coastal Programs Department of Commerce, and the U.S. ACTION: Notice. Environmental Protection Agency. Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, ACTION: Notice of availability of NOAA, 1305 East-West Highway, Silver SUMMARY: In accordance with 37 CFR proposed findings documents, Spring, MD 20910, phone (301) 713– 404.6, announcement is made for environmental assessments, and availability for licensing of U.S. Patent findings of no significant impact on 3155, extension 201, e-mail [email protected]. No. 6,261,570 entitled ‘‘Live Attenuated approval of coastal nonpoint pollution Virus Vaccine for Western Equine control programs for Georgia, Texas and DATES: Individuals or organizations Encephalitis Virus, Eastern Equine Ohio. wishing to submit comments on the Encephalitis Virus, and Venezuelan SUMMARY: Notice is hereby given of the proposed Findings or Environmental Equine Encephalitis Virus IE and IIIA availability of the Proposed Findings Assessments should do so by October Variants’’ and issued July 17, 2001. Documents, Environmental 29, 2001. Foreign rights are also available (PCT/ Assessments, and Findings of No ADDRESSES: Comments should be made US98/10645). This patent has been Significant Impact for Georgia, Texas, to: John King, Acting Chief, Coastal assigned to the United States and Ohio. Coastal states and territories Programs Division (N/ORM3), Office of Government as represented by the were required to submit their coastal Ocean and Coastal Resource Secretary of the Army. nonpoint programs to the National Management, NOS, NOAA, 1305 East- ADDRESSES: Oceanic and Atmospheric Commander, U.S. Army West Highway, Silver Spring, MD Administration (NOAA) and the U.S. Medical Research and Materiel 20910, phone (301) 713–3155 extension Environmental Protection Agency (EPA) Command, ATTN: Command Judge for approval. The Findings Documents 195, e-mail [email protected]. Advocate, MCMR–JA, 504 Scott Street, were prepared by NOAA and EPA to FOR FURTHER INFORMATION CONTACT: For Fort Detrick, Frederick, Maryland provide the rationale for the agencies’ Georgia and Texas, Chris G. Rilling, 21702–5012. decision to approve each state and Coastal Programs Division (N/ORM3), FOR FURTHER INFORMATION CONTACT: For territory coastal nonpoint pollution Office of Ocean and Coastal Resource patent issues, Ms. Elizabeth Arwine, control program. Section 6217 of the Management, NOS, NOAA, 1305 East- Patent Attorney (301) 619–7808. For Coastal Zone Act Reauthorization West Highway, Silver Spring, MD licensing issues, Dr. Paul Mele, Office of Amendments (CZARA), 16 U.S.C. 20910, phone (301) 713–3155, extension Research & Technology Assessment, section 1455b, requires states and 198, e-mail [email protected]; for (301) 619–6664. Both at telefax (301) territories with coastal zone Ohio, Keelin S. Kuipers, Coastal 619–5034. management programs that have Programs Division (N/ORM3), Office of received approval under section 306 of SUPPLEMENTARY INFORMATION: Ocean and Coastal Resource cDNAs the Coastal Zone Management Act to Management, NOS, NOAA, 1305 East- coding for an infectious Western Equine develop and implement coastal West Highway, Silver Spring, MD Encephalitis virus (WEE) and infectious nonpoint programs. The Environmental Venezuelan Equine Encephalitis virus Assessments were prepared by NOAA, 20910, phone (301) 713–3155, extension 175, e-mail [email protected]. variant IR (VEE IE) are disclosed in pursuant to the National Environmental addition to cDNA coding for the Policy Act (NEPA), 42 U.S.C. sections Federal Domestic Assistance Catalog 11.419 structural proteins of Venezuelan 4321 et seq., to assess the environmental Coastal Zone Management Program Equine Encephalitis virus variant IIIA impacts associated with the approval of Administration. (VEE IIIA). Novel attenuating mutations the coastal nonpoint pollution control Dated: September 21, 2001. of WEE and VEE IE and their uses are program submitted to NOAA and EPA Margaret A. Davidson, described. Also disclosed are attenuated by Georgia, Texas, and Ohio. Acting Assistant, Administrator for Ocean chimearic alphavirus and their uses. NOAA and EPA have proposed to Services and Coastal Zone Management, approve, with conditions, the coastal National Oceanic and Atmospheric Luz D. Ortiz, nonpoint programs submitted by Administration. Army Federal Register Liaison Officer. Georgia, Texas and Ohio. The G. Tracy Mehan III, [FR Doc. 01–24357 Filed 9–27–01; 8:45 am] requirements of 40 CFR Parts 1500–1508 (Council on Environmental Quality Assistant Administrator, Office of Water, BILLING CODE 3710–08–M (CEQ) regulations to implement the Environmental Protection Agency. National Environmental Policy Act) [FR Doc. 01–24392 Filed 9–27–01; 8:45 am] apply to the preparation of these BILLING CODE 3510–08–M
VerDate 11
DEPARTMENT OF DEFENSE DATES: Interested persons are invited to Abstract: To receive funds provided submit comments on or before for school improvement in the FY 2001 Department of the Army November 27, 2001. appropriation, a State must submit SUPPLEMENTARY INFORMATION: Section information on the use of FY 2000 Availability for Non-Exclusive, school improvement funds including (1) Exclusive, or Partially Exclusively 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires the names of the districts and schools Licensing of U.S. Patent Application that received FY 2000 funds and the Concerning Substituted Aromatic that the Office of Management and Budget (OMB) provide interested allocation they received, (2) a Compounds for Treatment of Antibiotic description of the interventions that Resistant Infections Federal agencies and the public an early opportunity to comment on information districts and schools have used to AGENCY: U.S. Army Medical Research collection requests. OMB may amend or increase student achievement, (3) the and Materiel Command, DOD. waive the requirement for public number of students who transferred out ACTION: Notice. consultation to the extent that public of low-performing schools in districts participation in the approval process receiving the FY 2000 school SUMMARY: In accordance with 37 CFR would defeat the purpose of the improvement funds as a result of the 404.6, announcement is made of the information collection, violate State or transfer requirement in the statute, and availability for licensing of U.S. Patent Federal law, or substantially interfere (4) the number of school districts Application Serial No. 09/275,878 with any agency’s ability to perform its receiving school improvement funds entitled ‘‘Substituted Aromatic statutory obligations. The Leader, that subsequently met the State’s Compounds for Treatment of Antibiotic Regulatory Information Management adequate yearly progress targets. Resistant Infections’’, filed March 25, Group, Office of the Chief Information Requests for copies of the proposed 1999. Foreign rights are also available. Officer, publishes that notice containing information collection request may be This patent application has been proposed information collection accessed from http://edicsweb.ed.gov, or assigned to the United States requests prior to submission of these should be addressed to Vivian Reese, Government as represented by the requests to OMB. Each proposed Department of Education, 400 Maryland Secretary of the Army. information collection, grouped by Avenue, SW., Room 4050, Regional ADDRESSES: Commander, U.S. Army office, contains the following: (1) Type Office Building 3, Washington, DC Medical Research and Materiel of review requested, e.g. new, revision, 20202–4651. Requests may also be Command, ATTN: Command Judge extension, existing or reinstatement; (2) electronically mailed to the internet Advocate, MCMR–JA, 504 Scott Street, Title; (3) Summary of the collection; (4) address [email protected] or faxed to Fort Detrick, Frederick, Maryland Description of the need for, and 202–708–9346. Please specify the 21702–5012. proposed use of, the information; (5) complete title of the information FOR FURTHER INFORMATION CONTACT: For Respondents and frequency of collection when making your request. patent issues, Ms. Elizabeth Arwine, collection; and (6) Reporting and/or Comments regarding burden and/or Patent Attorney, (301) 619–7808. For Recordkeeping burden. OMB invites the collection activity requirements licensing issues, Dr. Paul Mele, Office of public comment. The Department of should be directed to Kathy Axt at (540) Research & Technology Assessment, Education is especially interested in 776–7742 or via her internet address (301) 619–6664. Both at telefax (301) public comment addressing the [email protected]. Individuals who use 619–5034. following issues: (1) is this collection a telecommunications device for the SUPPLEMENTARY INFORMATION: This necessary to the proper functions of the deaf (TDD) may call the Federal invention relates to compounds useful Department; (2) will this information be Information Relay Service (FIRS) at 1– for treating patients suffering from processed and used in a timely manner; 800–877–8339. infections including gram positive (3) is the estimate of burden accurate; [FR Doc. 01–24301 Filed 9–27–01; 8:45 am] organisms, such as streptococcus, (4) how might the Department enhance BILLING CODE 4000–01–P staphylococcus, anthracis, gram the quality, utility, and clarity of the negative bacteria such as neisseria information to be collected; and (5) how species, yeasts and mycobacterium. might the Department minimize the DEPARTMENT OF EDUCATION They are effective against strains which burden of this collection on the Direct Grant Programs have shown resistance to other respondents, including through the use antimicrobial agents. of information technology. AGENCY: Department of Education. Luz D. Ortiz, Dated: September 24, 2001. ACTION: Notice reopening competitions Army Federal Register Liaison Officer. John Tressler, or extending application deadline dates [FR Doc. 01–24358 Filed 9–27–01; 8:45 am] Leader, Regulatory Information Management, for certain direct grants. Office of the Chief Information Officer. BILLING CODE 3710–08–M SUMMARY: The Secretary reopens Office of Elementary and Secondary competitions or extends the deadline Education dates for the submission of applications DEPARTMENT OF EDUCATION Type of Review: Extension. for direct grants under several programs. All of the affected competitions are Notice of Proposed Information Title: Criteria for distribution of the among those under which the Secretary Collection Requests $225 Million FY 2001 Appropriation For School Improvement. is making new awards for fiscal year AGENCY: Department of Education. Frequency: One time. (FY) 2002. The Secretary takes this SUMMARY: The Leader, Regulatory Affected Public: State, Local, or Tribal action to allow more time for the Information Management Group, Office Gov’t, SEAs or LEAs. preparation and submission of of the Chief Information Officer, invites Reporting and Recordkeeping Hour applications by potential applicants comments on the proposed information Burden: who may have been precluded by collection requests as required by the Responses: 52. terrorist attacks of September 11, 2001, Paperwork Reduction Act of 1995. Burden Hours: 832. from meeting previously announced
VerDate 11
deadlines. The reopenings or extensions ADDRESSES: The address and telephone If you want to transmit a apply to all eligible applicants for the number for obtaining applications for, recommendation or comment under competitions listed in this notice. or information about, an individual Executive Order 12372, you can find the DATES: The new deadline date for competition are in the application latest list and addresses of individual transmitting applications under each notice for that program. We have listed SPOCs on the Web site of the Office of competition is listed with that the date and Federal Register citation of Management and Budget at the competition on the chart in this notice. the application notice for each following address: If the program in which you are competition on the chart in this notice. interested is subject to Executive Order If you use a telecommunications http://www.whitehouse.gov/omb/grants 12372, the deadline date for the device for the deaf (TDD), you may call SUPPLEMENTARY INFORMATION: transmittal of State process the TDD number, if any, listed in the The recommendations by State Single Points individual application notice. If we following is specific information about of Contact (SPOCs) and comments by have not listed a TDD number, you may each competition covered by this notice: other interested parties remains as call the Federal Information Relay originally announced. Service (FIRS) at 1–800–877–8339.
LIST OF PROGRAMS AFFECTED
Publication date Original deadline Revised deadline CFDA No. and Name and Federal date for applica- date for applica- Register citation tions tions
Office of Vocational and Adult Education. 84.353A Tech-Prep Demonstration Program ...... 7/09/01 9/17/01 * 10/12/01 (66 FR 35862) Office of Postsecondary Education. 84.066A Educational Opportunity Centers ...... 6/11/01 9/28/01 10/12/01 (66 FR 31338) Office of Special Education and Rehabilitative Services. 84.133F Research Fellowships Program ...... 7/31/01 10/09/01 11/13/01 (66 FR 39610) 84.133G Field-Initiated Projects ...... 7/31/01 10/09/01 11/13/01 (66 FR 39612) 84.133P Field-Initiated Projects ...... 7/31/01 10/09/01 11/13/01 (66 FR 39612) * Electronic applicants should be aware that e-Application will not be available for processing of applications on October 1, 2001, but will be available following that date and through the 10/12/01 deadline.
If you are an individual with a Dated: September 25, 2001. fields needed to provide understanding disability, you may obtain a copy of this Mark Carney, of the cultures and customs of United notice in an alternative format (e.g., Deputy Chief Financial Officer. States trading partners; and Braille, large print, audiotape, or [FR Doc. 01–24418 Filed 9–25–01; 3:54 pm] (3) will provide research and training computer diskette) on request to the BILLING CODE 4000–01–U in the international aspects of trade, contact person listed in the individual commerce, and other fields of study. application notices. Eligible Applicants: Institutions of DEPARTMENT OF EDUCATION higher education and combinations of Electronic Access to This Document institutions of higher education. [CFDA No. 84.220A] Applications Available: September You may view this document, as well 28, 2001. as all other Department of Education Office of Postsecondary Education; Deadline for Transmittal of documents published in the Federal Centers for International Business Applications: November 5, 2001. Register, in text or Adobe Portable Education Program; Notice Inviting Deadline for Intergovernmental Document Format (PDF) on the Internet Applications for New Awards for Fiscal Review: January 4, 2002. at the following site: www.ed.gov/ Year (FY) 2002 Estimated Available Funds: The legislation/FedRegister Administration has requested Purpose of Program: The Centers for $8,760,000 for this program for FY 2002. To use PDF you must have Adobe International Business Education The actual level of funding, if any, will Acrobat Reader, which is available free Program provides grants to eligible depend on final congressional action. at this site. If you have questions about applicants to pay the Federal share of However, we are inviting applications to using PDF, call the U.S. Government the cost of planning, establishing, and allow enough time to process the Printing Office (GPO), toll free, at 1– operating centers for international applications and make the awards if 888–293–6498; or in the Washington, business education which— Congress appropriates funds for this DC area at (202) 512–1530. (1) will be national resources for the program. Note: The official version of this document teaching of improved business Estimated Range of Awards: is the document published in the Federal techniques, strategies, and $220,000–$340,000. Register. Free Internet access to the official methodologies which emphasize the Estimated Average Size of Awards: edition of the Federal Register and the Code international context in which business $312,857 per year. of Federal Regulations is available on GPO is transacted; Estimated Number of Awards: 28. Access at: http://www.access.gpo.gov/nara/ (2) will provide instruction in critical Note: The Department is not bound by any index.html foreign languages and international estimates in this notice.
VerDate 11
Project Period: Up to 48 months. listed under FOR APPLICATIONS AND private libraries, or consortia of these Applicable Regulations: (a) The FURTHER INFORMATION CONTACT. institutions or libraries. applications Education Department General Individuals with disabilities may available: Administrative Regulations (EDGAR) in obtain a copy of the application package Applications Available: October 10, 34 CFR parts 74, 75, 77, 79, 82, 85, 86, in an alternative format by contacting 2001. 97, 98 and 99 as applicable. (b) As there that person. However, the Department is Deadline for Transmittal of are no program-specific regulations, not able to reproduce in an alternative Applications: November 30, 2001. applicants are encouraged to read the format the standard forms included in Deadline for Intergovernmental authorizing statute for the Centers for the application package. Review: January 29, 2002. International Business Education Estimated Available Funds: The Electronic Access to This Document Program in section 612 of Title VI, Part Administration has requested B, of the Higher Education Act of 1965, You may view this document, as well $1,300,000 for this program for FY 2002. as amended, (HEA), 20 U.S.C. 1130–1. as all other Department of Education The actual level of funding, if any, depends on final congressional action. SUPPLEMENTARY INFORMATION: Matching documents published in the Federal However, we are inviting applications to requirement: Under Title VI, Part B, Register, in text or Adobe Portable allow enough time to complete the grant section 612(e)(2) of the HEA, the Federal Document Format (PDF) on the Internet process, if Congress appropriates funds share of the cost of planning, at the following site: http:// for this program. establishing, and operating centers www.ed.gov/legislation/FedRegister Estimated Range of Awards: under this section shall be: To use PDF you must have Adobe Acrobat Reader, which is available free $105,000–$230,000. (1) Not more than 90 percent for the Estimated Average Size of Awards: first year in which Federal funds are at this site. If you have questions about using PDF, call the U.S. Government $216,000 per year. received; Estimated Number of Awards: 6. (2) Not more than 70 percent for the Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, Note: The Department is not bound by any second year; and estimates in this notice. (3) Not more than 50 percent for the DC area at (202) 512–1530. Project Period: Up to 36 months. third year and for each year thereafter. Note: The official version of this document Applicable Regulations: The is the document published in the Federal (4) Applicants who have received Education Department General previous grants must match 50 percent Register. Free Internet access to the official edition of the Federal Register and the Code Administrative Regulations (EDGAR) in of the costs of projects for each fiscal 34 CFR parts 74, 75, 77, 79, 82, 85, 86, year. The non-Federal share may be of Federal Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/ 97, 98, and 99. either in cash or in-kind assistance. index.html Note: The regulations in 34 CFR part 86 Example: If the total cost of the apply to institutions of higher education Program Authority: 20 U.S.C. 1130–1. proposed project is $300,000 in the first only. year, a new applicant can only request Dated: September 24, 2001. a grant for $270,000 or less in the first Note: As there are no program-specific Maureen A. McLaughlin, regulations, we encourage each potential year, and must provide the remaining 10 Deputy Assistant Secretary for Policy, applicant to read the authorizing statute for percent ($30,000) in cash or in-kind Planning and Innovation, Office of the Technological Innovation and contributions. If the total cost of the Postsecondary Education. Cooperation for Foreign Information Access project for the second year is $350,000, [FR Doc. 01–24265 Filed 9–27–01; 8:45 am] Program in section 606 of title VI, part A, of the Higher Education Act of 1965, as the applicant can only request $245,000 BILLING CODE 4000–01–P or less, and must provide the remaining amended (HEA), 20 U.S.C. 1126. 30 percent ($105,000). For both the third SUPPLEMENTARY INFORMATION: Matching and fourth years, if the total cost of the DEPARTMENT OF EDUCATION requirement: Under section 606(d) of project is $400,000, the applicant can the HEA, the Federal share of the total only request $200,000 or less, and must [CFDA No. 84.337A] cost of carrying out a program may not provide the remaining 50 percent 2 Office of Postsecondary Education; exceed 66 ⁄3 percent. The non-Federal ($200,000). All applicants who have Technological Innovation and share of the total cost may be provided received funding in prior years must Cooperation for Foreign Information either in-kind or in cash and may provide 50 percent per year for each of Access Program; Notice Inviting include contributions from private the four years of the project. Applications for New Awards for Fiscal sector corporations or foundations. FOR APPLICATIONS AND FURTHER Year (FY) 2002 Example: The estimated project cost INFORMATION CONTACT: Susanna Easton, will be $290,000 per year. The Centers for International Business Purpose of Program: The institution may request a grant of Education Program, U.S. Department of Technological Innovation and $193,314. The institution must provide Education, International Education and Cooperation for Foreign Information the remaining $96,686 in cash or in- Graduate Programs Service, 1990 K Access Program provides grants to kind contributions. Street, NW., Suite 600, Washington, DC support projects that will develop FOR APPLICATIONS AND FURTHER 20006–8521. Telephone: 202–502–7628 innovative techniques or programs INFORMATION CONTACT: Susanna Easton, or via Internet: [email protected] using new electronic technologies to Technological Innovation and If you use a telecommunications device collect, organize, preserve, and widely Cooperation for Foreign Information for the deaf (TDD), you may call the disseminate information on world Access Program, International Federal Information Relay Service regions and countries other than the Education and Graduate Programs (FIRS) at 1–800–877–8339. United States that address our Nation’s Service, 1990 K Street, NW., Suite 600, Individuals with disabilities may teaching and research needs in Washington, DC 20006–8521. obtain this document in an alternative international education and foreign Telephone: (202) 502–7628 or via format (e.g., Braille, large print, languages. Internet: [email protected]. audiotape, or computer diskette) on Eligible Applicants: Institutions of If you use a telecommunications request to the program contact person higher education, public or nonprofit device for the deaf (TDD), you may call
VerDate 11
the Federal Information Relay Service Innovation to Improve Services and • If using a proportional computer (FIRS) at 1–800–877–8339. Results for Children with Disabilities font, use no smaller than a 12-point Individuals with disabilities may (five priorities); (2) Special Education— font, and an average character density obtain this document in an alternative Technology and Media Services for no greater than 18 characters per inch. format (e.g., Braille, large print, Individuals with Disabilities (one If using a nonproportional font or a audiotape, or computer diskette) on priority); and (3) Special Education— typewriter, do not use more than 12 request to the program contact person Training and Information for Parents of characters per inch. listed under FOR APPLICATIONS AND Children with Disabilities (one priority). The page limit does not apply to Part FURTHER INFORMATION CONTACT. I—the cover sheet; Part II—the budget National Education Goals Individuals with disabilities may section, including the narrative budget obtain a copy of the application package The eight National Education Goals justification; Part IV, the assurances and in an alternative format by contacting focus the Nation’s education reform certifications; or the one-page abstract, that person. However, the Department is efforts and provide a framework for the resumes, the bibliography or not able to reproduce in an alternative improving teaching and learning. references, or the letters of support. format the standard forms included in These priorities address the National However, you must include all of the the application package. Education Goals by helping to improve application narrative in Part III. results for children with disabilities. We will reject without consideration Electronic Access to This Document Waiver of Rulemaking or evaluation any application if — You may view this document, as well • You apply these standards and as all other Department of Education It is generally our practice to offer exceed the page limit; or documents published in the Federal interested parties the opportunity to • You apply other standards and Register, in text or Adobe Portable comment on proposed priorities. exceed the equivalent of the page limit. Document Format (PDF) on the Internet However, section 661(e)(2) of IDEA makes the Administrative Procedure Act RESEARCH AND INNOVATION TO at the following site: http://www.ed.gov/ IMPROVE SERVICES AND RESULTS legislation/FedRegister. (5 U.S.C. 553) inapplicable to the priorities in this notice. FOR CHILDREN WITH DISABILITIES To use PDF you must have Adobe [CFDA 84.324] Acrobat Reader, which is available free General Requirements at this site. If you have questions about Purpose of Program: To produce, and using PDF, call the U.S. Government (a) The projects funded under this advance the use of, knowledge to Printing Office (GPO), toll free, at 1– notice must make positive efforts to improve educational and early 888–293–6498; or in the Washington, employ and advance in employment intervention results and outcomes for DC, area at (202) 512–1530. qualified individuals with disabilities in infants, toddlers, and children with project activities (see section 606 of Note: The official version of this document disabilities. is the document published in the Federal IDEA). Eligible Applicants: State and local Register. Free Internet access to the official (b) Applicants and grant recipients educational agencies; institutions of edition of the Federal Register and the Code funded under this notice must involve higher education; other public agencies; of Federal Regulations is available on GPO individuals with disabilities or parents private nonprofit organizations; outlying Access at: http://www.access.gpo.gov/nara/ of individuals with disabilities in areas; freely associated States; and index.html planning, implementing, and evaluating Indian tribes or tribal organizations. Program Authority: 20 U.S.C. 1126. the projects (see section 661(f)(1)(A) of Applicable Regulations: (a) The Education Department General Dated: September 25, 2001. IDEA). (c) The projects funded under these Administrative Regulations (EDGAR) in Maureen A. McLaughlin, priorities must budget for a two-day 34 CFR parts 74, 75, 77, 80, 81, 82, 85, Deputy Assistant Secretary for Policy, Project Directors’ meeting in 86, 97, 98, and 99; (b) The selection Planning and Innovation, Office of Washington, DC during each year of the criteria for the priorities under this Postsecondary Education. project. program that are drawn from the [FR Doc. 01–24419 Filed 9–27–01; 8:45 am] (d) In a single application, an EDGAR general selection criteria menu. BILLING CODE 4000–01–U applicant must address only one The specific selection criteria for each absolute priority in this notice. priority are included in the funding (e) Part III of each application DEPARTMENT OF EDUCATION application packet for the applicable submitted under a priority in this competition. Office of Special Education and notice, the application narrative, is Note: The regulations in 34 CFR part 86 Rehabilitative Services; Grant where an applicant addresses the apply to institutions of higher education Applications Under Part D, Subpart 2 selection criteria that are used by only. reviewers in evaluating the application. of the Individuals With Disabilities PRIORITY Education Act You must limit Part III to the equivalent of no more than the number of pages Under 34 CFR 75.105(c)(3), we AGENCY: Department of Education. listed under each applicable priority consider only applications that meet ACTION: Notice inviting applications for and in the table at the end of this notice, one of the following priorities: new awards for fiscal year (FY) 2002. using the following standards: • A ‘‘page’’ is 8.5″ × 11″ (on one side Absolute Priority 1—Student-Initiated SUMMARY: This notice provides closing only) with one-inch margins (top, Research Projects (84.324B) dates and other information regarding bottom, and sides). This priority provides support for the transmittal of applications for FY • Double-space (no more than three short-term (up to 12 months) 2002 competitions under three programs lines per vertical inch) all text in the postsecondary student-initiated research authorized by the Individuals with application narrative, including titles, projects focusing on special education Disabilities Education Act (IDEA), as headings, footnotes, quotations, and and related services for children with amended. The three programs are: (1) captions, as well as all text in charts, disabilities and early intervention Special Education—Research and tables, figures, and graphs. services for infants and toddlers with
VerDate 11
disabilities, consistent with the inappropriate behavior of students with Page Limits: The maximum page limit purposes of the program, as described in disabilities in schools, including for this priority is 50 double-spaced section 672 of the Act. strategies to prevent children with pages. Projects must— emotional and behavioral problems Note: Applications must meet the required (a) Develop research skills in from developing emotional disturbances page limit standards that are described in the postsecondary students; and that require the provision of special ‘‘General Requirements’’ section of this (b) Include a principal investigator education and related services. (See notice. who serves as a mentor to the student section 672(a)(4) of the Act). Absolute Priority 3—Model researcher while the project is carried (c) Projects studying and promoting Demonstration Projects for Children out by the student. improved alignment and compatibility with Disabilities (84.324M) Project Period: Up to 12 months. of regular and special education reforms Maximum Award: The maximum concerned with curriculum and This priority supports model award amount is $20,000. Consistent instruction, evaluation and demonstration projects that improve with EDGAR 34 CFR 75.104(b), we will accountability, and administrative results and outcomes for children with reject any application that proposes a procedures in order to improve results disabilities. Projects must develop, project funding level for any year that implement, evaluate, and disseminate exceeds the stated maximum award and outcomes for children with disabilities. (See section 672(b)(2)(D) of new or improved approaches for amount for that year. providing early intervention, special Page Limits: The maximum page limit the Act). (d) Projects that advance knowledge education, and related services to for this priority is 25 double-spaced infants, toddlers, and children with pages. about the coordination of education with health and social services in order disabilities and students with Note: Applications must meet the required disabilities who are pursuing post- page limit standards that are described in the to improve results and outcomes for ‘‘General Requirements’’ section of this children with disabilities and their school employment, postsecondary notice. families. (See section 672(b)(2)(G) of the education, or independent living goals. Act). Projects supported under this priority Absolute Priority 2—Field-Initiated are expected to be major contributors of Research Projects (84.324C) Competitive Preference models or components of models for This priority provides support for a Within this absolute priority, we will service providers and for outreach wide range of field-initiated research give the following competitive projects funded under IDEA. projects that support innovation, preference points under section 606 of REQUIREMENTS FOR ALL development, exchange, and use of IDEA and 34 CFR 75.105(c)(2)(i), to DEMONSTRATION PROJECTS advancements in knowledge and applications that are otherwise eligible practice as described in section 672 of for funding under this priority: A model demonstration project the Act including the improvement of Up to ten (10) points based on the must— (a) Develop and implement the model early intervention, instruction, and effectiveness of the applicant’s strategies with specific components or strategies learning for infants, toddlers, and for employing and advancing in that are based on theory, research, or children with disabilities. employment qualified individuals with evaluation data documenting improved Projects must— disabilities in project activities as results and outcomes; (a) Prepare their procedures, findings, required under paragraph (a) of the (b) Determine the effectiveness of the and conclusions in a manner that will ‘‘General Requirements’’ section of this model and its components or strategies improve results and outcomes for notice. In determining the effectiveness by using multiple measures of results; children with disabilities by informing of those strategies, we may consider the and other interested researchers and applicant’s past success in pursuit of advancing professional practice or (c) Produce detailed procedures and this goal. materials that would enable others to improving programs and services to Therefore, within this competitive infants, toddlers, and children with replicate the model. preference, applicants can be awarded Federal financial participation for a disabilities and their families; and up to a total of 10 points in addition to (b) Disseminate project procedures, project funded under this priority will those awarded under the published not exceed 90 percent of the total findings, and conclusions to appropriate selection criteria for this priority. That research institutes and technical annual costs of development, is, an applicant meeting this assistance providers. implementation, evaluation, and competitive preference could earn a dissemination of the project (see section Invitational Priorities maximum total of 110 points. 661(f)(2)(A) of IDEA). Within absolute priority 2 for FY Project Period: The majority of In addition to the annual two-day 2002, we are particularly interested in projects will be funded for up to 36 Project Directors’ meeting in applications that meet one or more of months. Only in exceptional Washington, DC mentioned in the the following invitational priorities. circumstances—such as research ‘‘General Requirements’’ section of this However, under 34 CFR 75.105(c)(1) questions that require repeated notice, projects must budget for another we do not give to an application that measurement within a longitudinal annual meeting in Washington, DC to meets one or more of these invitational design—will projects be funded for collaborate with the Federal project priorities a competitive or absolute more than 36 months, up to a maximum officer and the other projects funded preference over other applications. of 60 months. under this priority, to share information (a) Projects to address the specific Maximum Award: The maximum and discuss model development, problems of over-identification and award amount is $180,000. Consistent implementation, evaluation, and under-identification of children with with EDGAR (34 CFR 75.104(b)), we dissemination issues. disabilities. (See section 672(a)(3) of the will reject any application that proposes Act). a project funding level for any year that Competitive Preferences (b) Projects to develop and implement exceeds the stated maximum award Within this absolute priority, we will effective strategies for addressing amount for that year. give the following competitive
VerDate 11
preference points under section 606 of program as described in section 672 of Projects that include, in the design IDEA and 34 CFR 75.105(c)(2)(i), to the Act. and conduct of the research project, a applications that are otherwise eligible Priority: The purpose of this priority practicing teacher or clinician, in for funding under this priority: is to award grants to eligible applicants addition to the required involvement of Up to ten (10) points based on the for the support of individuals in the nationally recognized experts. effectiveness of the applicant’s strategies initial phases of their careers to initiate Project Period: Up to 36 months. for employing and advancing in and develop promising lines of research Maximum Award: The maximum employment qualified individuals with consistent with the purposes of the award amount is $75,000. Consistent disabilities in project activities as program. For purposes of this priority, with EDGAR (34 CFR 75.104(b)), we required under paragraph (a) of the the initial phase of an individual’s will reject any application that proposes ‘‘General Requirements’’ section of this career is considered to be the first three a project funding level for any year that notice. In determining the effectiveness years after completing a doctoral exceeds the stated maximum award of those strategies, we may consider the program and graduating (i.e., for fiscal amount for that year. applicant’s past success in pursuit of year 2002 awards, projects may support Page Limits: The maximum page limit this goal. individuals who completed a doctoral for this priority is 30 double-spaced Therefore, for purposes of this program and graduated no earlier than pages. competitive preference, applicants can the 1998–1999 academic year). Note: Applications must meet the required be awarded up to a total of 10 points in At least 50 percent of the initial career page limit standards that are described in the addition to those awarded under the researcher’s time must be devoted to the ‘‘General Requirements’’ section of this published selection criteria for this project. notice. Projects must— priority. That is, an applicant meeting Absolute Priority 5—Outreach Projects (a) Pursue a line of research that is this competitive preference could earn a for Children with Disabilities (84.324R) maximum total of 110 points. developed either from theory or a Project Period: Up to 48 months. conceptual framework. The line of This priority supports projects that will improve results and outcomes by Maximum Award: The maximum research must establish directions for assisting educational and other agencies award amount is $175,000. Consistent designing future studies extending in replicating proven models, with EDGAR (34 CFR 75.104(b)), we beyond the support of this award. The components of models, and other will reject any application that proposes project is not intended to represent all exemplary practices that improve a project funding level for any year that inquiry related to the particular theory services for infants, toddlers, children exceeds the stated maximum award or conceptual framework; rather, it is with disabilities, and students with amount for that year. expected to initiate a new line or advance an existing one; disabilities who are pursuing post- Page Limit: The maximum page limit (b) Include, in design and conduct, school employment, postsecondary for this priority is 50 double-spaced sustained involvement with one or more education, or independent living goals. pages. nationally recognized experts having For the purposes of this priority, a Note: Applications must meet the required substantive or methodological ‘‘proven model’’ is a comprehensive page limit standards that are described in the description of a theory or system that, ‘‘General Requirements’’ section of this knowledge and expertise relevant to the notice. proposed research. The experts do not when applied, has been shown to be have to be at the same institution or effective by evidence of improved Absolute Priority 4—Initial Career agency at which the project is located, results and outcomes. ‘‘Exemplary Awards (84.324N) but the interaction with the project must practices’’ are effective strategies and be sufficient to develop the capacity of methods used to deliver educational, Background the initial career researcher to related, or early intervention services. There is a need to enable individuals effectively pursue the research into mid- The models, components of models, or in the initial phases of their careers to career activities; exemplary practices selected for initiate and develop promising lines of (c) Prepare procedures, findings, and outreach may include those developed research that would improve results and conclusions in a manner that improve for pre-service and in-service personnel outcomes for children with disabilities results and outcomes for children with preparation, and do not need to have and their families through better early disabilities by informing other been developed through projects funded intervention services for infants and interested researchers and is useful for under IDEA, or by the applicant. toddlers, and special education and advancing professional practice or Important elements of an outreach related services for children with improving programs and services to project include but are not limited to: disabilities. Support for research infants, toddlers, and children with (a) Providing supporting data or other activities among individuals in the disabilities and their families; and documentation in the application initial phases of their careers is (d) Disseminate project procedures, regarding the effectiveness of the model, intended to develop the capacity of the findings, and conclusions to appropriate components of a model, or exemplary early intervention and special education research institutes and technical practices selected for outreach; research community to more effectively assistance providers. (b) Selecting implementation sites in meet the needs of children with multiple regions within one State or disabilities and their families. This Invitational Priority multiple States and describing the priority would address the additional Within absolute priority 4 for FY criteria for their selection; need to provide support for a broad 2002, we are particularly interested in (c) Describing the expected costs, range of field-initiated research applications that meet the following needed personnel, staff training, projects—focusing on the special invitational priority. However, under 34 equipment, and sequence of education and related services for CFR 75.105(c)(1) we do not give to an implementation activities associated children with disabilities and early application that meets the priority a with the replication efforts, including a intervention for infants and toddlers— competitive or absolute preference over description of any modifications to the consistent with the purpose of the other applications. model or practice made by the sites;
VerDate 11
(d) Including public awareness, be awarded up to a total of 10 points in Absolute Priority 1—Steppingstones of product development and addition to those awarded under the Technology Innovation for Students dissemination, training, and technical published selection criteria for this With Disabilities (84.327A) assistance activities as part of the priority. That is, an applicant meeting The purpose of this priority is to implementation of the project; and this competitive preference could earn a support projects that— (e) Coordinating dissemination and maximum total of 110 points. (a) Develop or select and describe a replication activities conducted as part Project Period: Up to 36 months. technology-based approach for of outreach with dissemination projects, achieving one or more of the following Maximum Award: The maximum technical assistance providers, purposes for early intervention, award amount is $175,000. Consistent consumer and advocacy organizations, preschool, elementary, middle school, with EDGAR (34 CFR 75.104(b)), we State and local educational agencies, or high school students with and the lead agencies for Part C of IDEA, will reject any application that proposes disabilities: (1) improving the results of as appropriate. a project funding level for any year that education or early intervention; (2) Projects must prepare products from exceeds the stated maximum award improving access to and participation in the project in formats that are useful for amount for that year. the general curriculum, or specific audiences, including parents, Page Limits: The maximum page limit developmentally appropriate activities administrators, teachers, early for this priority is 50 double-spaced for preschool children; and (3) intervention personnel, related services pages. improving accountability and personnel, and individuals with participation in educational reform. The disabilities. (See section 661(f)(2)(B) of Note: Applications must meet the required technology-based approach must be an IDEA). page limit standards that are described in the Federal financial participation for a ‘‘General Requirements’’ section of this innovative combination of a new project funded under this priority will notice. technology and additional materials and not exceed 90 percent of the total methodologies that enable the TECHNOLOGY AND MEDIA SERVICES annual costs of development, operation, technology to improve educational or and evaluation of the project (see FOR INDIVIDUALS WITH early intervention results and outcomes section 661(f)(2)(A) of IDEA). DISABILITIES [CFDA 84.327] for children with disabilities; Applicants must (1) specify in the (b) Justify the approach on the basis Purpose of Program: The purpose of of scientifically rigorous research or application whether the primary focus this program is to improve results and of the models, components of models, or theory that supports the effectiveness of outcomes for children with disabilities exemplary practices intended for the technology-based approach for by promoting the development, outreach are for pre-service or in-service achieving one or more of the purposes demonstration, and utilization of personnel preparation, and (2) specify presented in paragraph (a); technology and to support educational the use of scientifically based research (c) Clearly identify and conduct work demonstrating improved results and media activities designed to be of in ONE of the following phases: outcomes for children with disabilities educational value to children with (1) Phase 1—Development: Projects and their families. disabilities. This program also provides funded under Phase 1 must develop and In addition to the annual two-day support for some captioning, video refine a technology-based approach, and Project Directors’ meeting in description, and cultural activities. test its feasibility for use with students Washington, DC mentioned in the Applicable Regulations: (a) The with disabilities. Activities may include development, adaptation, and ‘‘General Requirements’’ section of this Education Department General refinement of technology, curriculum notice, projects must budget annually Administrative Regulations (EDGAR) in materials, or instructional for another annual meeting in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, methodologies. Activities must include Washington, DC to collaborate with the 85, 86, 97, 98, and 99; (b) The selection formative evaluation. The primary Federal project officer and the other criteria for the priorities under this projects funded under this priority, to product of Phase 1 should be a program that are drawn from the promising technology-based approach share information and discuss project EDGAR general selection criteria menu. implementation issues. that is suitable for field-based The specific selection criteria for each evaluation of effectiveness in improving Competitive Preference priority are included in the funding results and outcomes for children with Within this absolute priority, we will application packet for the applicable disabilities. give the following competitive competition. (2) Phase 2—Research on preference points under section 606 of Note: The regulations in 34 CFR part 86 Effectiveness: Projects funded under IDEA and 34 CFR 75.105(c)(2)(i), to apply to institutions of higher education Phase 2 must select a promising applications that are otherwise eligible only. technology-based approach that has for funding under this priority: Eligible Applicants: State and local been developed in a manner consistent with Phase 1, and subject the approach Up to ten (10) points based on the educational agencies; institutions of to rigorous field-based research and effectiveness of the applicant’s strategies higher education; other public agencies; for employing and advancing in evaluation to determine effectiveness private nonprofit organizations; outlying employment qualified individuals with and feasibility in educational or early areas; freely associated States; Indian disabilities in project activities as intervention settings. Approaches tribes or tribal organizations; and for- required under paragraph (a) of the studied in Phase 2 may have been profit organizations. ‘‘General Requirements’’ section of this developed with previous funding under notice. In determining the effectiveness PRIORITY this priority or with funding from other of those strategies, we may consider the sources. Products of Phase 2 include a applicant’s past success in pursuit of Under section 687 of IDEA and 34 further refinement and description of this goal. CFR 75.105(c)(3), we consider only the technology-based approach, and Therefore, for purposes of this applications that meet the following sound evidence that, in a defined range competitive preference, applicants can priority: of real world contexts, the approach can
VerDate 11
be effective in achieving one or more of Competitive Preference 682(g) of the Act, a parent organization the purposes presented in paragraph (a). Within this absolute priority, we will is a private nonprofit organization (other (3) Phase 3—Research on give the following competitive than an institution of higher education) Implementation: Projects funded under preference points under section 606 of that: Phase 3 must select a technology-based IDEA and 34 CFR 75.105(c)(2)(i), to (a) Has a board of directors — (1) The parent and professional approach that has been evaluated for applications that are otherwise eligible members of which are broadly effectiveness and feasibility in a manner for funding under this priority: representative of the population to be consistent with Phase 2, and must study Up to ten (10) points based on the served; the implementation of the approach in effectiveness of the applicant’s strategies (2) The majority of whom are parents multiple, complex settings to acquire an for employing and advancing in improved understanding of the range of of children with disabilities; and employment qualified individuals with (3) That includes individuals with contexts in which the approach can be disabilities in project activities as disabilities and individuals working in used effectively, and the factors that required under paragraph (a) of the the fields of special education, related determine the effectiveness and ‘‘General Requirements’’ section of this services, and early intervention; or sustainability of the approach in this notice. In determining the effectiveness (b) Has a membership that represents range of contexts. Approaches studied of those strategies, we may consider the the interests of individuals with in Phase 3 may have been developed applicant’s past success in pursuit of disabilities and has established a special and tested with previous funding under this goal. governing committee meeting the this priority or with funding from other Therefore, for purposes of this requirements for a board of directors in sources. Factors to be studied in Phase competitive preference, applicants can paragraph (a) and has a memorandum of 3 include factors related to the be awarded up to a total of 10 points in understanding between this special technology, materials, and addition to those awarded under the governing committee and the board of methodologies that constitute the published selection criteria for this directors of the organization that clearly technology-based approach. Also to be priority. That is, an applicant meeting outlines the relationship between the studied in Phase 3 are contextual factors this competitive preference could earn a board and the committee and the associated with students, teacher maximum total of 110 points. decisionmaking responsibilities and attitudes and skills, physical setting, Project Period: We intend to fund at authority of each. curricular and instructional or early least three projects in each phase. According to section 683(c) of the Act, intervention approaches, resources, Projects funded under Phase 1 will be local parent organizations are parent professional development, policy funded for up to 24 months. Projects organizations that must meet one of the supports, etc. Phases 2 and 3 can be funded under Phase 2 will be funded for following criteria— contrasted as follows: Phase 2 studies up to 24 months. Projects funded under (a) Have a board of directors the the effectiveness the approach can have, Phase 3 will be funded for up to 36 majority of whom are from the while Phase 3 studies the effectiveness months. During the final year of projects community to be served; or the approach is likely to have in funded under Phase 3, we will (b) Have, as part of their mission, sustained use in a range of typical determine whether or not to fund an serving the interests of individuals with educational settings. The primary optional six-month period for additional disabilities from that community; and product of Phase 3 should be a set of dissemination activities. have a special governing committee to research findings that provide evidence Maximum Award: The maximum administer the project, a majority of the of improved results and outcomes for award amount is $200,000 for projects members of which are individuals from children with disabilities and that can in Phases 1 and 2, and $300,000 for that community. be used to guide dissemination and projects in Phase 3. Consistent with Examples of administrative utilization of the technology-based EDGAR (34 CFR 75.104(b)), we will responsibilities include controlling the approach; reject any application that proposes a use of the project funds, and hiring and (d) In addition to the annual two-day project funding level for any year that managing project personnel. Project Directors’ meeting in exceeds the stated maximum award Applicable Regulations: (a) The Washington, DC mentioned in the amount for that year. Education Department General ‘‘General Requirements’’ section of this Page Limits: The maximum page limit Administrative Regulations (EDGAR) in notice, budget for another annual trip to for this priority is 50 double-spaced 34 CFR parts 74, 75, 77, 79, 80, 81, 82, Washington, DC to collaborate with the pages. 85, 97, 98, and 99; and (b) The selection Federal project officer and the other Note: Applications must meet the required criteria for this priority that are drawn projects funded under this priority, and page limit standards that are described in the from the EDGAR general selection to share information and discuss ‘‘General Requirements’’ section of this criteria menu. The specific selection notice. findings and methods of dissemination; criteria for this priority are included in and SPECIAL EDUCATION—TRAINING the funding application packet for this (e) Prepare products from the project AND INFORMATION FOR PARENTS competition. in formats that are useful for specific OF CHILDREN WITH DISABILITIES PRIORITY audiences as appropriate, including (CFDA No. 84.328) Under sections 661(e)(2) and 683 of parents, administrators, teachers, early Purpose of Program: The purpose of the Act, and 34 CFR 75.105(c)(3), we intervention personnel, related services this program is to ensure that parents of will give an absolute preference to personnel, researchers, and individuals children with disabilities receive applications that meet this absolute with disabilities. training and information to help priority: Projects for Children From Birth to 3: improve results and outcomes for their We intend to fund at least two projects children. Absolute Priority—Community Parent focusing on technology-based Eligible Applicants: Eligible Resource Centers (84.328C) approaches for children with applicants are local parent The purpose of this priority is to disabilities, ages birth to 3. organizations. According to section support local parent training and
VerDate 11
information centers that will help (7) Participate in school reform within, or meeting the needs of ensure that underserved parents of activities; residents of these zones and children with disabilities, including (d) Contract with the State communities. low-income parents, parents of children educational agencies, if the State elects (2) As appropriate, contribute to the who are English language learners, and to contract with the community parent strategic plan of the Empowerment parents with disabilities, have the resource centers, for the purpose of Zones or Enterprise Communities and training and information they need to meeting with parents who choose not to become an integral component of the enable them to participate effectively in use the mediation process to encourage Empowerment Zone or Enterprise helping their children with disabilities the use and explain the benefits of Community activities. to— mediation, consistent with section A list of areas that have been selected (a) Meet established developmental 615(e)(2)(B) and (D) of the Act; as Empowerment Zones or Enterprise goals and, to the maximum extent (e) In order to serve parents and Communities is included in the possible, those challenging standards families of children with the full range application packet. that have been established for all of disabilities, network with appropriate (c) We will award up to five (5) points children; and clearinghouses, including organizations based on the effectiveness of the (b) Be prepared to lead productive conducting national dissemination applicant’s strategies for employing and independent adult lives, to the activities under section 685(d) of the advancing in employment qualified maximum extent possible. Act, and with other national, State, and individuals with disabilities in project Each community parent training and local organizations and agencies, such activities as required under paragraph information center supported under this as protection and advocacy agencies; (a) of the ‘‘General Requirements’’ priority must— (f) Establish cooperative partnerships section of this notice (section 606 of (a) Provide training and information with the parent training and information IDEA). In determining the effectiveness that meets the training and information centers funded under section 682 of the of those strategies, we may consider the needs of parents of children with Act; applicant’s past success in pursuit of disabilities proposed to be served by the (g) Be designed to meet the specific this goal. project, particularly underserved needs of families who experience Therefore, for purposes of these parents and parents of children who significant isolation from available competitive preferences, applicants can may be inappropriately identified; sources of information and support; and be awarded up to a total of 30 points in (b) Assist parents to understand the (h) Annually report to the Department addition to those awarded under the availability of, and how to effectively on— published selection criteria for this (1) The number of parents to whom it use, procedural safeguards under priority. That is, an applicant meeting provided information and training in section 615 of the Act, including all of these competitive preferences the most recently concluded fiscal year, encouraging the use, and explaining the could earn a maximum total of 130 demographic information about those benefits, of alternative methods of points. parents served; and Project Period: Up to 36 months. dispute resolution, such as the (2) The effectiveness of strategies used Maximum Award: The maximum mediation process described in the Act; to reach and serve parents, including award amount is $100,000. Consistent (c) Serve the parents of infants, underserved parents of children with with EDGAR (34 CFR 75.104(b)), we toddlers, and children with the full disabilities by providing evidence of will reject any application that proposes range of disabilities by assisting parents how those parents were served a project funding level for any year that to— effectively. exceeds the stated maximum award (1) Better understand the nature of We intend to fund a maximum of 15 amount for that year. their children’s disabilities and their awards. Page Limits: The maximum page limit educational and developmental needs; for this priority is 30 double-spaced (2) Communicate effectively with Competitive Preferences pages. personnel responsible for providing Within this absolute priority, we will Note: Applications must meet the required special education, early intervention, give competitive preference to page limit standards that are described in the and related services; applications under 34 CFR ‘‘General Requirements’’ section of this (3) Participate in decisionmaking 75.105(c)(2)(i) that meet one or more of notice. processes and the development of the following priorities: For Applications Contact: Education individualized education programs and (a) We will award 20 points to an Publications Center (ED Pubs), P.O. Box individualized family service plans; application submitted by a local parent 1398, Jessup, Maryland 20794–1398. (4) Obtain appropriate information organization that has a board of Telephone (toll free): 1–877–4ED-Pubs about the range of options, programs, directors, the majority of whom are (1–877–433–7827). FAX: 301–470–1244. services, and resources available to parents of children with disabilities, Individuals who use a assist children with disabilities and from the community to be served. telecommunications device for the deaf their families; (b) We will award 5 points to an (TDD) may call (toll free) 1–877–576– (5) Familiarize themselves with the application that proposes to provide 7734. provision of special education and services to one or more Empowerment You may also contact Ed Pubs via its related services in the areas they serve Zones or Enterprise Communities that Web site (http://www.ed.gov/pubs/ to help ensure that children with are designated within the areas served edpubs.html) or its E-mail address disabilities are receiving appropriate by projects. To meet this priority an ([email protected]). services; applicant must indicate that it will: If you request an application from ED (6) Understand the provisions of the (1)(i) Design a program that includes Pubs, be sure to identify the competition Act for the education of, and the special activities focused on the unique by the appropriate CFDA number. provision of early intervention services needs of one or more Empowerment For Further Information Contact: designed to improve results and Zones or Enterprise Communities; or Grants and Contracts Services Team, outcomes to, children with disabilities; (ii) Devote a substantial portion of U.S. Department of Education, 400 and program resources to providing services Maryland Avenue, SW., room 3317,
VerDate 11
Switzer Building, Washington, DC in an alternative format by contacting and the regulations in 34 CFR part 79. 20202–2550. Telephone: (202) 260– the Department as listed above. The objective of the Executive Order is 9182. However, the Department is not able to to foster an intergovernmental If you use a TDD you may call the reproduce in an alternative format the partnership and a strengthened Federal Information Relay Service standard forms included in the federalism by relying on processes (FIRS) at 1–800–877–8339. application package. developed by State and local Individuals with disabilities may governments for coordination and obtain this document in an alternative Intergovernmental Review review of proposed Federal financial format (e.g., Braille, large print, assistance. audiotape, or computer diskette) on All programs in this notice (except for request to the contact persons listed in the Research and Innovation to Improve In accordance with the order, we the preceding paragraph. Services and Results for Children with intend this document to provide early Individuals with disabilities may Disabilities Program) are subject to the notification of the Department’s specific obtain a copy of the application package requirements of Executive Order 12372 plans and actions for those programs.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT APPLICATION NOTICE FISCAL YEAR 2002
Deadline for Maximum Estimated CFDA No. and Name Applications Application intergovern- award (per Project Page limit ** number of available deadline date mental review year)* period awards
84.324B Student Initiated Re- 10/05/01 02/08/02 04/09/02 $20,000 Up to 25 12 search Projects. 12 mos. 84.324C Field-Initiated Re- 10/05/01 11/16/01 01/16/02 180,000 ***Up 50 14 search Projects. to 60 mos. 84.324M Model Demonstration 10/05/01 11/30/01 01/30/02 175,000 Up to 50 14 Projects for Children with 48 Disabilities. mos. 84.324N Initial Career Awards 10/05/01 11/09/01 01/09/02 75,000 Up to 30 4 36 mos. 84.324R Outreach Projects for 10/05/01 12/14/01 02/12/02 175,000 Up to 50 14 Children with Disabilities. 36 mos. 84.324A Steppingstones of 10/05/01 12/07/01 02/05/02 ...... 10 Technology Innovation for Students with Disabilities. Phase 1 and 2 ...... 200,000 Up to 50 24 mos. Phase 3 ...... 300,000 Up to 50 36 mos. 84.328C Community Parent 10/05/01 12/21/01 02/19/02 100,000 Up to 30 10 Resource Centers. 36 mos. * Consistent with EDGAR (34 CFR 75.104(b)), we will reject any application that proposes a project funding level for any year that exceeds the stated maximum award amount for that year. We will consider, and may fund, requests for additional funding as an addendum to an application to reflect the costs of reasonable accommodations necessary to allow individuals with disabilities to be employed on the project as personnel on project activities. ** Applicants must limit the Application Narrative, Part III of the Application, to the page limits noted above. Please refer to the ‘‘Page Limit’’ requirements and the page limit standards described in the ‘‘General Requirements’’ section included under each priority descrip- tion. We will reject and will not consider an application that does not adhere to this requirement. ***The majority of projects will be funded for up to 36 months. Only in exceptional circumstances will projects be funded for more than 36 months, up to a maximum of 60 months.
Electronic Access to This Document Note: The official version of this document DEPARTMENT OF ENERGY is published in the Federal Register. Free You may view this document, as well Internet access to the official edition of the Federal Energy Regulatory as all other Department of Education Federal Register and the Code of Federal Commission documents published in the Federal Regulations is available on GPO Access at: Register, in text or Adobe Portable http://www.access.gpo/nara/index.html [Docket No. IC01–002–000, FERC Form 2] Document Format (PDF) on the internet at the following site: www.ed.gov/ Program Authority: 20 U.S.C. 1405, 1461, 1472, 1474, and 1487. Proposed Information Collection and legislation/FedRegister. Request for Comments To use the PDF you must have Adobe Dated: September 25, 2001. September 24, 2001. Acrobat Reader, which is available free Robert H. Pasternack, at this site. If you have questions about Assistant Secretary for Special Education AGENCY: Federal Energy Regulatory using the PDF, call the U.S. Government and, Rehabilitative Services. Commission, DOE. Printing Office (GPO), toll free, at 1– [FR Doc. 01–24403 Filed 9–27–01; 8:45 am] ACTION: Notice of proposed information 888–293–6498; or in the Washington, BILLING CODE 4000–01–U collection and request for comments. DC, area at (202) 512–1530.
VerDate 11
SUMMARY: In compliance with the Report for Major Natural Gas in various rate proceedings and in the requirements of Section 3506(c)(2)(a) of Companies’’ (OMB No. 1902–0028) is Commission’s audit program. FERC the Paperwork Reduction Act of 1995 used by the Commission to implement Form 2 data are also used to compute (Pub. L. No. 104–13), the Federal Energy the statutory provisions of the Natural annual charges which are assessed Regulatory Commission (Commission) is Gas Act (NGA) 15 U.S.C. 717. The FERC against each jurisdictional natural gas soliciting public comment on the Form 2 is a financial and operating pipeline and which are necessary to specific aspects of the information report for natural gas rate regulation for recover the Commission’s annual costs. collection described below. major pipeline owners. ‘‘Major’’ is The NGA mandates the collection of DATES: Consideration will be given to defined as companies having combined information needed by the Commission comments submitted on or before gas sold for resale and gas transported to perform its regulatory responsibilities November 27, 2001. or stored for a fee that exceeds 50 in the setting of just and reasonable ADDRESSES: Copies of the proposed million Dth in each of the three rates. The Commission could be held in collection of information can be previous calendar years. Under the violation of the NGA if the information obtained from and written comments Form 2, the Commission investigates, was not collected. may be submitted to the Federal Energy collects and records data and prescribes The annual financial information filed Regulatory Commission, Attn: Michael rules and regulations concerning with the Commission is a mandatory Miller, Office of the Chief Information accounts, records and memoranda as requirement submitted in a prescribed Officer, CI–1, 888 First Street NE., necessary to administer the NGA. The format which is filed electronically and Washington, DC 20426. Commission is empowered to prescribe on paper. The Commission implements a system of accounts for jurisdictional these filing requirements in 18 CFR FOR FURTHER INFORMATION CONTACT: gas pipelines and after notice and parts 158, 201, 260.1 and 385.2011. Michael Miller may be reached by opportunity for hearing, may determine Action: The Commission is requesting telephone at (202) 208–1415, by fax at the accounts in which particular outlays a three-year extension of the current (202) 208–2425, and by e-mail at and receipts will be entered, charged or expiration date, with no changes to the [email protected]. credited. existing collection of data SUPPLEMENTARY INFORMATION: The Commission staff uses the data in the Burden Statement: Public reporting information collected under the continuous review of the financial burden for this collection is estimated requirements of FERC Form 2 ‘‘Annual condition of jurisdictional companies, as:
Number of respondents annually Number of responses per Average burden hours per Total annual burden hours (1) respondent (2) response (3) (1)×(2)×(3)
57 1 1,485 84,645
Estimated cost burden to respondents: These costs apply to activities which DEPARTMENT OF ENERGY 86,130 hours/2,080 hours per year × benefit the whole organization rather $117,041 per year = $4,762,949. The than any one particular function or Federal Energy Regulatory cost per respondent is equal to $83,561. activity. Commission The reporting burden includes the Comments are invited on: (1) Whether total time, effort, or financial resources the proposed collection of information [Docket No. IC01–73–000, FERC Form 73] expended to generate, maintain, retain, is necessary for the proper performance disclose, or provide the information Proposed Information Collection and of the functions of the Commission, Request for Comments including: (1) Reviewing instructions; including whether the information will (2) developing, acquiring, installing, and have practical utility; (2) the accuracy of September 24, 2001. utilizing technology and systems for the the agency’s estimate of the burden of AGENCY: Federal Energy Regulatory purposes of collecting, validating, the proposed collection of information, Commission, DOE. verifying, processing, maintaining, including the validity of the disclosing and providing information; ACTION: Notice of proposed information (3) adjusting the existing ways to methodology and assumptions used; (3) collection and request for comments. comply with any previously applicable ways to enhance the quality, utility and instructions and requirements; (4) clarity of the information to be SUMMARY: In compliance with the training personnel to respond to a collected; and (4) ways to minimize the requirements of Section 3506(c)(2)(a) of collection of information; (5) searching burden of the collection of information the Paperwork Reduction Act of 1995 data sources; (6) completing and on those who are to respond. (Pub. L. No. 104–13), the Federal Energy Regulatory Commission (Commission) is reviewing the collection of information; David P. Boergers, and (7) transmitting, or otherwise soliciting public comment on the Secretary. disclosing the information. specific aspects of the information [FR Doc. 01–24293 Filed 9–27–01; 8:45 am] collection described below. The cost estimate for respondents is based upon salaries for professional and BILLING CODE 6717–01–P DATES: Consideration will be given to clerical support, as well as direct and comments submitted on or before indirect overhead costs. Direct costs November 27, 2001. include all costs directly attributable to ADDRESSES: Copies of the proposed providing this information, such as collection of information can be administrative costs and the cost for obtained from and written comments information technology. Indirect or may be submitted to the Federal Energy overhead costs are costs incurred by an Regulatory Commission, Attn: Michael organization in support of its mission. Miller, Office of the Chief Information
VerDate 11
Officer, CI–1, 888 First Street NE., the Interstate Commerce Act, 49 U.S.C. component of their cost of service Washington, DC 20426. 6501 et al. As part of the information which is turn is used to determine the FOR FURTHER INFORMATION CONTACT: necessary for the subsequent transportation rate to assess customers. Michael Miller may be reached by investigation and review of the oil Staff’s recommended book depreciation telephone at (202) 208–1415, by fax at pipeline company’s proposed rates become legally binding when (202) 208–2425, and by e-mail at depreciation rates, the pipeline issued by Commission Order. These [email protected]. companies are required to provide rates remain in effect until a subsequent service life data as part of their data review is requested and the outcome SUPPLEMENTARY INFORMATION: The submissions if the proposed indicates that a modification is justified. information collected under FERC depreciation rates are based on The Commission implements these Form73 ‘‘Oil Pipelines Service Life remaining physical life calculations. filing requirements in 18 CFR 347 and Data’’ (OMB No. 1902–0019) is used by This service life data submitted on 357. the Commission to implement the FERC Form 73. statutory provisions governed by The data submitted are used by the Action: The Commission is requesting Sections 306 and 402 of the Department Commission to assist in the selection of a three-year extension of the current of Energy Organization Act 42 U.S.C. appropriate service lives and book expiration date, with no changes to the 7155 and 7172, and Executive Order No. depreciation rates. Book depreciation existing collection of data. 12009, 42 FR 46277 (September 13, rates are used by oil pipeline companies Burden Statement: Public reporting 1977). The Commission has authority to compute the depreciation portion of burden for this collection is estimated over interstate oil pipelines as stated in their operating expense which is a as:
Number of respondents annually Number of responses per Average burden hours per Total annual burden hours (1) respondent (2) response (3) (1)×(2)×(3)
2 1 40 80
Estimated cost burden to respondents: collected; and (4) ways to minimize the ADDRESSES: Copies of the proposed 80 hours/2,080 hours per year × burden of the collection of information collection of information can be $117,041 per year = $4,501. The cost per on those who are to respond, including obtained from and written comments respondent is equal to $2251. the use of appropriate automated, may be submitted to the Federal Energy The cost estimate for respondents is electronic, mechanical, or other Regulatory Commission, Attn: Michael based upon salaries for professional and technological collection techniques or Miller, Office of the Chief Information clerical support, as well as direct and other forms of information technology, Officer, CI–1, 888 First Street NE., indirect overhead costs. Direct costs e.g., permitting electronic submission of Washington, DC 20426. include all costs directly attributable to responses. FOR FURTHER INFORMATION CONTACT: providing this information, such as Michael Miller may be reached by administrative costs and the cost for David P. Boergers, Secretary. telephone at (202) 208–1415, by fax at information technology. Indirect or (202) 208–2425, and by e-mail at [FR Doc. 01–24295 Filed 9–27–01; 8:45 am] overhead costs are costs incurred by an [email protected]. organization in support of its mission. BILLING CODE 6717–01–P These costs apply to activities which SUPPLEMENTARY INFORMATION: The benefit the whole organization rather information collected under FERC Form than any one particular function or DEPARTMENT OF ENERGY 550 ‘‘Oil Pipeline Rates: Tariff Filings’’ activity. (OMB No. 1902–0089) is used by the The reporting burden includes the Federal Energy Regulatory Commission to implement the statutory total time, effort, or financial resources Commission provisions governed by Part I, Sections expended to assemble and disseminate [Docket No. IC01–550–000, FERC–550] 1, 6 and 15 of the Interstate Commerce the information including: (1) Act (ICA)(PL. No. 337, 34 Stat. 384). Reviewing the instructions; (2) Proposed Information Collection and Jurisdiction over oil pipelines, as it developing, or acquiring appropriate Request for Comments relates to the establishment of rates or technological support systems necessary charges for the transportation of oil by for the purposes of collecting, September 24, 2001. pipeline or the establishment of validating, processing, and AGENCY: Federal Energy Regulatory valuations for pipelines, was transferred disseminating the information; (3) Commission, DOE. from the Interstate Commerce administration; and (4) transmitting, or ACTION: Notice of proposed information Commission (ICC) to FERC, pursuant to otherwise disclosing the information. collection and request for comments. Section 306 and 402 of the Department Comments are invited on: (1) Whether of Energy Organization Act (DOE Act), the proposed collection of information SUMMARY: In compliance with the 42 U.S.C. 7155 and 7172 and Executive is necessary for the proper performance requirements of Section 3506(c)(2)(a) of Order No. 12009, 42 FR 46267 of the functions of the Commission, the Paperwork Reduction Act of 1995 (September 15, 1977). including whether the information will (Pub. L. No. 104–13), the Federal Energy The filing requirements provide the have practical utility; (2) the accuracy of Regulatory Commission (Commission) is basis for analysis of all rates, fares, or the agency’s burden estimate of the soliciting public comment on the charges whatsoever demanded, charged proposed collection of information, specific aspects of the information or collected by any common carrier or including the validity of the collection described below. carriers in connection with the methodology and assumptions used; (3) DATES: Consideration will be given to transportation of crude oil and ways to enhance the quality, utility and comments submitted within 60 days of petroleum products and are used by the clarity of the information to be the publication of this notice. Commission to establish a basis for
VerDate 11
determining the just and reasonable whether to suspend, accept or reject the expiration date, with no changes to the rates that should be charged by the proposed rate. The data required to be existing collection of data. regulated pipeline company. Based on filed for pipeline rates and tariff filings Burden Statement: Public reporting this analysis, a recommendation is made are specified in 18 CFR 340–348. burden for this collection is estimated Action: The Commission is requesting to the Commission to take action as: a three-year extension of the current
Number of respondents annually Number of responses per Average burden hours per Total annual burden hours (1) respondent (2) response (3) (1)×(2)×(3)
200 3 11 6,600
Estimated cost burden to respondents: DEPARTMENT OF ENERGY Description × 6,600 hours/2,080 hours per year The energy information collection Federal Energy Regulatory $117,041 per year = $371,380. The cost submitted to OMB for review contains: per respondent is equal to $ 1,856. Commission 1. Collection of Information: FERC– The cost estimate for respondents is [Docket No. IC00–574–001, FERC–574] 574 ‘‘Gas Pipeline Certificates: Hinshaw based upon salaries for professional and Exemption’’ clerical support, as well as direct and Information Collection Submitted for 2. Sponsor: Federal Energy Regulatory indirect overhead costs. Direct costs Review and Request for Comments Commission. include all costs directly attributable to 3. Control No.: 1902–0116. The providing this information, such as September 24 , 2001. Commission is requesting a three-year administrative costs and the cost for AGENCY: Federal Energy Regulatory extension of the current expiration date information technology. Indirect or Commission, DOE. (November 30, 2001) with no changes to overhead costs are costs incurred by an ACTION: Notice of submission for review the existing collections of data. This is organization in support of its mission. of the Office of Management and Budget a mandatory information collection These costs apply to activities which (OMB) and request for comments. requirement. benefit the whole organization rather 4. Necessity of Collection of than any one particular function or SUMMARY: The Federal Energy Information: Submission of the activity. Regulatory Commission (Commission) information is necessary to enable the The reporting burden includes the has submitted the energy information Commission to carry out its total time, effort, or financial resources collection listed in this notice to the responsibilities in implementing expended to assemble and disseminate Office of Management and Budget provisions of Section 1(c), 4, 7, 10(a) the information including: (1) (OMB) for review under the provisions and 16 of the Natural Gas Act (NGA). Reviewing the instructions; (2) of Section 3507 of the Paperwork Natural gas pipeline companies file developing, or acquiring appropriate Reduction Act of 1995 (Pub. L. 104–13). applications with the Commission technological support systems necessary Any interested person may file furnishing information in order for a for the purposes of collecting, comments on the collection of determination to be made as to whether validating, processing, and information directly with OMB and the applicant qualifies for an exemption disseminating the information; (3) should address a copy of those from the provisions of the Natural Gas administration; and (4) transmitting, or comments to the Commission as Act (Section 1(c)). otherwise disclosing the information. explained below. The Commission did The exemption applies to the Comments are invited on: (1) Whether not receive any comments in response companies engaged in the transportation the proposed collection of information to an earlier Federal Register notice of or sale for resale of natural gas in is necessary for the proper performance April 19, 2001 (66 FR 20143) and has interstate commerce if: (a) It receives gas of the functions of the Commission, made a notation in this submission. at or within the boundaries of the state including whether the information will DATES: Comments regarding this from another person; (b) such gas is have practical utility; (2) the accuracy of collection are best assured of having transported, sold, consumed within the agency’s burden estimate of the their full effect if received on or before such state; and (c) the rates, service and proposed collection of information, October 24, 2001. facilities of such company are subject to including the validity of the ADDRESSES: Address comments to the regulation by a State Commission. The methodology and assumptions used; (3) Office of Management and Budget, data required to be filed by pipeline ways to enhance the quality, utility and Office of Information and Regulatory companies is specified by 18 Code of clarity of the information to be Affairs, Attention: Federal Energy Federal Regulations (CFR) Part 152. collected; and (4) ways to minimize the Regulatory Commission Desk Officer, 5. Respondent Description: The burden of the collection of information 725 17th Street, NW., Washington DC respondent universe currently on those who are to respond, including 20503. A copy of the comments should comprises on average approximately the use of appropriate automated, also be sent to Federal Energy one natural gas pipeline company. 6. Estimated Burden: 245 total burden electronic, mechanical, or other Regulatory Commission, Office of the hours, 1 respondent, 1 response technological collection techniques or Chief Information Officer, Attention: annually, 245 hours per response. other forms of information technology, Mr. Michael Miller, CI–1, 888 First e.g., permitting electronic submission of Street NE., Washington, DC 20426. Mr. Authority: Sections 1(c) 4, 7, 10(a) and 16 responses. Miller may be reached by telephone at of the NGA(15 U.S.C. 717–717w). David P. Boergers, (202)208–1415, by fax at (202)208–2425, David P. Boergers, Secretary. and by e-mail at Secretary. [FR Doc. 01–24296 Filed 9–27–01; 8:45 am] [email protected]. [FR Doc. 01–24297 Filed 9–27–01; 8:45 am] BILLING CODE 6717–01–P SUPPLEMENTARY INFORMATION: BILLING CODE 6717–01–P
VerDate 11
DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY
Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. RP01–562–001] [Docket No. RP01–369–001] [Docket No. RP01–509–001] ANR Pipeline Company; Notice of Mississippi River Transmission Proposed Changes in FERC Gas Tariff Florida Gas Transmission Company; Corporation; Notice of Filing of Notice of Correction Filing of Annual Request for Extension of Time September 25, 2001. Charge Adjustment Take notice that on September 19, September 25, 2001. 2001, ANR Pipeline Company (ANR) September 25, 2001 Take notice that on September 20, tendered for filing as part of its FERC Take notice that on September 20, 2001, Mississippi River Transmission Gas Tariff, Second Revised Volume No. 2001, Florida Gas Transmission Corporation (MRT) tendered for filing a 1, the following tariff sheets proposed to request for an extension of time until no become effective September 1, 2001: Company (FGT) tendered for filing to become part of its FERC Gas Tariff, later than April 1, 2002 to implement Substitute Forty-eighth Revised Sheet No. 8 Third Revised Volume No. 1, the the Internet-related GISB Standards in Substitute Forty-eighth Revised Sheet No. 9 following tariff sheet, effective October Version 1.4. MRT states that a copy of On August 31, 2001 ANR Pipeline 1, 2001: this filing is being mailed to each party Company (ANR) filed in Docket No. to this proceeding as reflected on the RP01–562 revised tariff sheets to First Revised Sheet No. 8A.03 official service list compiled by the implement recovery of capacity and FGT states that on August 17, 2001 Secretary of the Commission. supply costs (Dakota Costs) associated FGT filed revised tariff sheets in Docket Any person desiring to protest said with ANR’s obligations to Dakota No. RP01–509–000 (August 17 Filing) to filing should file a protest with the Gasification Company (Dakota), and reflect a reduction in the ACA charge Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC which have not been recovered through from 0.22¢ to 0.21¢ per MMBtu based the bidding procedures established in 20426, in accordance with Section on the Commission’s Annual Charge GT&C, Section 28.1(c)(4), of ANR’s 385.211 of the Commission’s Rules and Billing for Fiscal Year 2001. FGT Tariff. ANR states that the above- Regulations. All such protests must be inadvertently failed to include Rate referenced tariff sheets are being filed to filed on or before October 2, 2001. correct a clerical error made in posting Sheet No. 8A.03 as part of the August Protests will be considered by the the ITS commodity rate reflected on 17 Filing. FGT states that the instant Commission in determining the Forty-eighth Revised Sheet No. 9 and filing is made to reflect the reduction in appropriate action to be taken, but will the FTS–2 overrun rate reflected on the ACA charge on Sheet No. 8A.03. not serve to make protestants parties to Forty-eighth Revised Sheet No. 8, for Any person desiring to protest said the proceedings. Copies of this filing are five of the rate routes presented on each filing should file a protest with the on file with the Commission and are matrix. Federal Energy Regulatory Commission, available for public inspection. This Any person desiring to protest said 888 First Street, NE., Washington, DC filing may also be viewed on the web at filing should file a protest with the 20426, in accordance with Section http://www.ferc.gov using the ‘‘RIMS’’ Federal Energy Regulatory Commission, 385.211 of the Commission’s Rules and link, select ‘‘Docket#’’ and follow the 888 First Street, NE., Washington, DC Regulations. All such protests must be instructions (call 202–208–2222 for 20426, in accordance with Section filed on or before October 2, 2001. assistance). Comments, protests and 385.211 of the Commission’s Rules and Protests will be considered by the interventions may be filed electronically Regulations. All such protests must be Commission in determining the via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the filed in accordance with Section appropriate action to be taken, but will 154.210 of the Commission’s instructions on the Commission’s web not serve to make protestants parties to Regulations. Protests will be considered site under the ‘‘e-Filing’’ link. the proceedings. Copies of this filing are by the Commission in determining the on file with the Commission and are David P. Boergers, appropriate action to be taken, but will not serve to make protestants parties to available for public inspection. This Secretary. the proceedings. Copies of this filing are filing may also be viewed on the web at [FR Doc. 01–24309 Filed 9–27–01; 8:45 am] on file with the Commission and are http://www.ferc.gov using the ‘‘RIMS’’ BILLING CODE 6717–01–P available for public inspection. This link, select ‘‘Docket#’’ and follow the filing may also be viewed on the web at instructions (call 202–208–2222 for DEPARTMENT OF ENERGY http://www.ferc.gov using the ‘‘RIMS’’ assistance). Comments, protests and interventions may be filed electronically link, select ‘‘Docket# and follow the Federal Energy Regulatory via the Internet in lieu of paper. See, 18 instructions (call 202–208–2222 for Commission assistance). Comments, protests and CFR 385.2001(a)(1)(iii) and the interventions may be filed electronically instructions on the Commission’s web [Docket No. RP00–399–005] via the Internet in lieu of paper. See, 18 site under the ‘‘e-Filing’’ link. CFR 385.2001(a)(1)(iii) and the National Fuel Gas Supply Corporation; David P. Boergers, instructions on the Commission’s web Notice of Correction Filing site under the ‘‘e-Filing’’ link. Secretary. [FR Doc. 01–24310 Filed 9–27–01; 8:45 am] September 25, 2001. David P. Boergers, BILLING CODE 6717–01–P Take notice that on September 18, Secretary. 2001 National Fuel Gas Supply [FR Doc. 01–24311 Filed 9–27–01; 8:45 am] Corporation (National Fuel) tendered for BILLING CODE 6717–01–P filing as part of its FERC Gas Tariff,
VerDate 11
Fourth Revised Volume No. 1, Sub. First REGT states that a copy of this filing Viking states that copies of the filing Revised Sheet No. 45. is being mailed to each party to this have been mailed to all of its National Fuel states that the purpose proceeding as reflected on the official jurisdictional customers and to affected of the instant filing is to make a correct service list compiled by the Secretary of state regulatory commissions. to Sheet No. 45 included in the August the Commission. Any person desiring to be heard or to 31, 2001 compliance filing, which Any person desiring to protest said protest said filing should file a motion contained redundant language that filing should file a protest with the to intervene or a protest with the should have been deleted. National Fuel Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, is submitting Substitute First Revised 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC Sheet No. 45 to make this correction, 20426, in accordance with Section 20426, in accordance with Sections which conforms the EFT Rate Schedule 385.211 of the Commission’s Rules and 385.214 or 385.211 of the Commission’s language regarding overrun Regulations. All such protests must be Rules and Regulations. All such motions transportation to the language of the FT filed on or before October 2, 2001. or protests must be filed in accordance Rate Schedule. Protests will be considered by the with Section 154.210 of the National Fuel states that copies of this Commission in determining the Commission’s Regulations. Protests will filing were served upon its customers appropriate action to be taken, but will be considered by the Commission in and interested state commissions. not serve to make protestants parties to determining the appropriate action to be Any person desiring to protest said the proceedings. Copies of this filing are taken, but will not serve to make filing should file a protest with the on file with the Commission and are protestants parties to the proceedings. Federal Energy Regulatory Commission, available for public inspection. This Any person wishing to become a party 888 First Street, NE., Washington, DC filing may also be viewed on the web at must file a motion to intervene. Copies 20426, in accordance with Section http://www.ferc.gov using the ‘‘RIMS’’ of this filing are on file with the 385.211 of the Commission’s Rules and link, select ‘‘Docket#’’ and follow the Commission and are available for public Regulations. All such protests must be instructions (call 202–208–2222 for inspection. This filing may also be filed in accordance with Section assistance). Comments, protests and viewed on the web at http:// 154.210 of the Commission’s interventions may be filed electronically www.ferc.gov using the ‘‘RIMS’’ link, Regulations. Protests will be considered via the Internet in lieu of paper. See, 18 select ‘‘Docket#’’ and follow the by the Commission in determining the CFR 385.2001(a)(1)(iii) and the instructions (call 202–208–2222 for appropriate action to be taken, but will instructions on the Commission’s web assistance). Comments, protests and not serve to make protestants parties to site under the ‘‘e-Filing’’ link. interventions may be filed electronically the proceedings. Copies of this filing are David P. Boergers, via the Internet in lieu of paper. See, 18 on file with the Commission and are Secretary. CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s web available for public inspection. This [FR Doc. 01–24308 Filed 9–27–01; 8:45 am] site under the ‘‘e-Filing’’ link. filing may also be viewed on the web at BILLING CODE 6717–01–P http://www.ferc.gov using the ‘‘RIMS’’ David P. Boergers, link, select ‘‘Docket #’’ and follow the Secretary. instructions (call 202–208–2222 for DEPARTMENT OF ENERGY assistance). Comments, protests and [FR Doc. 01–24312 Filed 9–27–01; 8:45 am] interventions may be filed electronically Federal Energy Regulatory BILLING CODE 6717–01–P via the Internet in lieu of paper. See, 18 Commission CFR 385.2001(a)(1)(iii) and the [Docket No. RP01–609–000] DEPARTMENT OF ENERGY instructions on the Commission’s web site under the ‘‘e-Filing’’ link. Viking Gas Transmission Company; Federal Energy Regulatory David P. Boergers, Notice of Tariff Filing and Annual Commission Charge Adjustment Secretary. [Docket No. ER01–2534–001, et al.] [FR Doc. 01–24307 Filed 9–27–01; 8:45 am] September 25, 2001. BILLING CODE 6717–01–P Take notice that on September 20, New England Power Pool., et al.; 2001, Viking Gas Transmission Electric Rate and Corporate Regulation Company (Viking) tendered for filing as Filings DEPARTMENT OF ENERGY part of its FERC Gas Tariff, First Revised September 24, 2001. Volume No. 1 the following tariff sheets Take notice that the following filings Federal Energy Regulatory to become effective October 1, 2001: Commission have been made with the Commission: Twenty-Sixth Revised Sheet No. 6 Nineteenth Revised Sheet No. 6A 1. New England Power Pool [Docket No. RP01–368–001] Tenth Revised Sheet No. 6B [Docket No. ER01–2534–001] Reliant Energy Gas Transmission Viking states that the purpose of this Take notice that on September 20, Company; Notice of Filing of Request filing is to decrease Viking’s Annual 2001, the New England Power Pool for Extension of Time Charge Adjustment (ACA) from $0.0022 (NEPOOL) Participants Committee per dekatherm to $0.0021 per dekatherm amended its filing with the Federal September 25, 2001. as permitted by Sections 154.204 and Energy Regulatory Commission Take notice that on September 20, 154.402 of the Commission’s Rules and (Commission) on the Market Rule dated 2001, Reliant Energy Gas Transmission Regulations, 18 C.F.R. § 154.204, July 6, 2001, which had sought to Company (REGT) tendered for filing a 154.402 (2001). Viking’s authority to implement changes to the treatment of request for an extension of time until no make this filing is set forth in Article Installed Capability (ICAP) transactions later than April 1, 2002 to implement XIX of the General Terms and in order to facilitate and standardize the the Internet-related GISB Standards in Conditions of Viking’s FERC Gas Tariff, trading of ICAP and firm energy Version 1.4. First Revised Volume No. 1. products across control area boundaries.
VerDate 11
The amendment makes no substantive Generation—Power Team for a long- 6. Florida Power & Light Company change to NEPOOL’s original filing and term PTP reservation. AEPSC also filed [Docket No. ER01–3077–000] requests a November 1, 2001 effective Network Integration Transmission On September 19, 2001, Florida date for the Market Rule changes Service (NTS) Agreements for energy Power & Light Company (FPL) filed contained therein. suppliers in retail supplier choice with the Federal Energy Regulatory The NEPOOL Participants Committee programs, i.e., AES NewEnergy, Inc. and Commission (Commission), a Service states that copies of these materials were MidAmerican Energy Company (MECR), Agreement for Entergy-Koch Trading, sent to the New England state governors and Revised NTS Agreements for LP for service pursuant to FPL’s Market and regulatory commissions and the Wabash Valley Power Association, Inc. Based Rates Tariff. FPL requests that the Participants in the New England Power (WVPA), and for American Electric Service Agreement be made effective on Pool. Power Service Corporation—Wholesale Power Merchant Organization (AEPM). August 20, 2001. Comment date: October 11, 2001, in Comment date: October 10, 2001, in All of these agreements are pursuant to accordance with Standard Paragraph E accordance with Standard Paragraph E the AEP Companies’ Open Access at the end of this notice. at the end of this notice. Transmission Service Tariff (OATT) that 2. Southern California Edison Company has been designated as the Operating 7. American Electric Power Service [Docket No. ER01–2609–001] Companies of the American Electric Corporation Power System FERC Electric Tariff Take notice that on September 20, [Docket No. ER01–3078–000] 2001 as directed by letter dated Second Revised Volume No. 6. AEPSC requests waiver of notice to Take notice that on September 20, September 13, 2001, from the Federal 2001, the American Electric Power Energy Regulatory Commission, permit the Revised NTS Service Agreement for WVPA to be made Service Corporation (AEPSC) tendered Southern California Edison Company for filing with the Federal Energy (SCE) filed supplemental information effective on and after May 16, 2001, and the Revised NTS Service Agreement for Regulatory Commission (Commission), a regarding its filing in Docket No. ER01– Service Agreement with Cleveland 2609–000. AEPM to be made effective for service on and after August 1, 2001. An Public Power, City of Cleveland, Copies of this filing were served upon Department of Public Utilities (CPP) for the Public Utilities Commission of the effective date of September 1, 2001 is requested for all other agreements filed a transaction exceeding one year in State of California, California length by the AEP Companies under the Independent System operator and herewith. Pursuant to a request by El Paso Wholesale Market Tariff of the AEP Wildflower. Merchant Energy, L.P., formerly Engage Operating Companies (Power Sales Comment date: October 11, 2001, in Energy US, L.P., AEPSC also filed a Tariff). The Power Sales Tariff was accordance with Standard Paragraph E Notice of Cancellation of firm and non- accepted for filing effective October 10, at the end of this notice. firm service agreements executed April 1997 and has been designated AEP 3. Colton Power L.P. 1, 1998, under AEP Companies’ FERC Operating Companies’ FERC Electric Tariff Original Volume No. 5, Effective [Docket No. ER01–2644–001] Electric Tariff Original Volume No. 4. A copy of the filing was served upon October 10, 1997 in Docket ER 97– Take notice that on September 19, the Parties and the state utility 4143–00 (Wholesale Tariff of the AEP 2001, Colton Power L.P. (Applicant) regulatory commissions of Arkansas, Operating Companies) and FERC tendered for filing with the Federal Indiana, Kentucky, Louisiana, Michigan, Electric Tariff Original Volume No. 8, Energy Regulatory Commission Ohio, Oklahoma, Tennessee, Texas, Effective January 8, 1998 in Docket ER (Commission), an amended market- Virginia and West Virginia. 98–542–000 (Market-Based Rate Power based rate schedule under Section 205 Comment date: October 12, 2001, in Sales Tariff of the CSW Operating of the Federal Power Act, in order to accordance with Standard Paragraph E Companies). AEPSC respectfully comply with the Commission’s Letter at the end of this notice. requests waiver of notice to permit this Order issued on September 18, 2001 in Service Agreement to be made effective 5. Duke Energy Oakland, LLC Docket No. ER01–2644–000. on or prior to September 1, 2001. Comment date: October 10, 2001, in [Docket No. ER01–3034–001] A copy of the filing was served upon accordance with Standard Paragraph E Take notice that on September 20, the Parties and the State Utility at the end of this notice. 2001, Duke Energy Oakland, L.L.C. Regulatory Commissions of Arkansas, 4. American Electric Power Service (DEO) tendered for filing with the Indiana, Kentucky, Louisiana, Michigan, Corporation Federal Energy Regulatory Commission Ohio, Oklahoma, Tennessee, Texas, (Commission), two sets of substitute Virginia and West Virginia. [Docket No. ER01–3033–001] sheets to correct omissions from their Comment date: October 11, 2001, in Take notice that on September 21, September 10, 2001 filing in this accordance with Standard Paragraph E 2001, the American Electric Power proceeding. Specifically these at the end of this notice. Service Corporation (AEPSC), amended corrections are to Table B–6 of Schedule 8. Illinois Power Company its filing with the Federal Energy B of its Reliability Must Run Service Regulatory Commission (Commission), Agreement (RMR Agreement) with the [Docket No. ER01–3079–000] in Docket No. ER01–3033–000 to correct California Independent System Operator Take notice that on September 19 , Inconsistencies with Order No. 614 (CAISO). DEO requests effective dates of 2001, Illinois Power Company (Illinois issued in Docket No. RM99–12–000. October 1, 2000, and January 1, 2001, Power), filed with the Federal Energy Tendered for filing are executed Firm respectively, for its two revisions. Regulatory Commission (Commission), a and Non-Firm Point-to-Point Copies of the filing have been served Second Revised Network Integration Transmission (PTP) Service Agreements upon the CAISO, PG&E and the Transmission Service (including a for Split Rock Energy LLC, a Firm PTP California Public Utilities Commission. Network Operating Agreement) entered Service Agreement for PSEG Energy Comment date: October 11, 2001, in into with Dynegy Power Marketing, Resources & Trade LLC, and a Revised accordance with Standard Paragraph E Incorporated (DPM) pursuant to Illinois Firm PTP Service Agreement for Exelon at the end of this notice. Power’s Open Access Transmission
VerDate 11
Tariff. Illinois Power requests an 11. American Transmission Company establishing North Carolina Electric effective date of August 29, 2001 for the LLC Membership Corporation as a customer Agreement and accordingly seeks a [Docket No. ER01–3082–000] under the terms of SCE&G’s Negotiated waiver of the Commission’s notice Market Sales Tariff. Take notice that on September 19, requirement. Illinois Power states that a SCE&G requests an effective date of 2001, American Transmission Company copy of this filing has been sent to DPM. August 8, 2001 to coincide with the first LLC (ATCLLC) tendered for filing with Comment date: October 11, 2001, in day service was provided under the the Federal Energy Regulatory agreement; alternatively, SCE&G accordance with Standard Paragraph E Commission (Commission), Firm and at the end of this notice. requests an effective date no later than Non-Firm Point-to-Point Service September 20, 2001. Accordingly, 9. Public Service Company of New Agreements for Consumers Energy SCE&G requests waiver of the Mexico Company d/b/a Consumers Energy Commission’s notice requirements. Traders. ATCLLC requests an effective [Docket No. ER01–3080–000] Copies of this filing were served upon date of September 13, 2001. North Carolina Electric Membership Take notice on September 20, 2001, Comment date: October 10, 2001, in Corporation and the South Carolina Public Service Company of New Mexico accordance with Standard Paragraph E Public Service Commission. (PNM) submitted for filing with the at the end of this notice. Comment date: October 10, 2001, in Federal Energy Regulatory Commission 12. Western System Coordinating accordance with Standard Paragraph E (Commission), two executed service Council at the end of this notice. agreements with Farmington Electric 15. Central Hudson Gas & Electric Utility System, under the terms of [Docket No. ER01–3085–000] Corporation PNM’s Open Access Transmission Take notice that on September 20, Tariff. One agreement is for non-firm 2001, the Western Systems Coordinating [Docket No. ER01–3088–000] point-to-point transmission service and Council (WSCC) tendered for filing with Take notice that on September 19, one agreement is for short-term firm the Federal Energy Regulatory 2001, Central Hudson Gas and Electric point-to-point transmission service. Commission (Commission), certain Corporation (Central Hudson), tendered PNM requests the date of the agreement, revisions to its Unscheduled Flow for filing with the Federal Energy August 27, 2001, as the effective date for Mitigation Plan (Plan) intended to Regulatory Commission (Commission), the agreements. PNM’s filing is available increase the numbers of available hours revisions to its Rate Schedule FERC No. for public inspection at its offices in of coordinated operations under the 201 which sets forth the terms and Albuquerque, New Mexico. Plan, and to update other provisions of charges for transmission facilities the Plan. The WSCC requests an Copies of the filing have been sent to provided by the Company to effective date of October 1, 2001 for Farmington Electric Utility System, and Consolidated Edison Company of New these changes. York, Inc. (Con Edison) and Niagara to the New Mexico Public Regulation Copies of this filing were served on all Commission. Mohawk Power Corporation (Niagara members of the WSCC and all affected Mohawk) for the transmission of output Comment date: October 11, 2001, in state commissions. from the Roseton Generating Station. accordance with Standard Paragraph E Comment date: October 11, 2001, in The aforementioned revisions address at the end of this notice. accordance with Standard Paragraph E the development of actual annual costs at the end of this notice. 10. Public Service Company of New for 2000 which amounted to $176,930 to Mexico 13. ISO New England Inc. Con Edison and $360,390 to Niagara Mohawk and are the basis for charges [Docket No. ER01–3081–000] [Docket No. ER01–3086–000] for the period January 1, 2001 through, Take notice that on September 20, Take notice that on September 20, and including, January 30, 2001. 2001, Public Service Company of New 2001, ISO New England Inc. (the ISO) Central Hudson requests waiver on Mexico (PNM) submitted for filing with submitted for filing with the Federal the notice requirements set forth in 18 the Federal Energy Regulatory Energy Regulatory Commission CFR 35.11 of the Regulations to permit Commission (Commission), two (Commission), amendments under charges to become effective January 1, executed service agreements with Section 205 of the Federal Power Act to 2001 as agreed to by the parties. Conoco Gas & Power Marketing, under the Special Interim Market Rule Central Hudson states that a copy of the terms of PNM’s Open Access originally filed with the Commission on its filing was served on Con Edison, Transmission Tariff. One agreement is November 1, 2000. Niagara Mohawk and the State of New for non-firm point-to-point transmission Copies of said filing have been served York Public Service Commission. service and one agreement is for short- upon the Secretary of the NPC, the Comment date: October 10, 2001, in term firm point-to-point transmission Participants in the New England Power accordance with Standard Paragraph E service. PNM requests the date of the Pool, and upon the New England State at the end of this notice. Governors and Regulatory Commissions. agreement, August 24, 2001, as the 16. PacifiCorp Comment date: October 11, 2001, in effective date for the agreements. PNM’s accordance with Standard Paragraph E [Docket No. ER01–3089–000] filing is available for public inspection at the end of this notice. at its offices in Albuquerque, New Take notice that on September 20, 2001, PacifiCorp tendered for filing with Mexico. 14. South Carolina Electric & Gas the Federal Energy Regulatory Company Copies of the filing have been sent to Commission (Commission or FERC), in Conoco Gas & Power Marketing, and to [Docket No. ER01–3087–000] accordance with 18 CFR 35 of the the New Mexico Public Regulation Take notice that on September 19, Commission’s Rules and Regulations, Commission. 2001, South Carolina Electric & Gas PacifiCorp’s FERC Electric Tariff, Third Comment date: October 11, 2001, in Company (SCE&G) submitted to the Revised Volume No. 11 (Tariff). The accordance with Standard Paragraph E Federal Energy Regulatory Commission Tariff is being revised only to change at the end of this notice. (Commission), a service agreement the pagination.
VerDate 11
Copies of this filing were supplied to Commission in Docket No. EC01–70– DASA, a Delaware corporation, is a the Washington Utilities and 000 on February 16, 2001, as wholly owned subsidiary of Dominion Transportation Commission and the subsequently amended. Energy, Inc. (DEI) also a Virginia Public Utility Commission of Oregon. In addition, NRG notified the corporation. DEI is a wholly owned Comment date: October 11, 2001, in Commission of the withdrawal of its subsidiary of Dominion Resources, Inc., accordance with Standard Paragraph E application for market-based rate a Virginia corporation. DASA will be at the end of this notice. authority under Section 205 of the directly and exclusively engaged in the 17. American Transmission Systems, Federal Power Act, which was filed business of operating and selling Inc. with the Commission on February 20, electricity at wholesale from an 2001 in Docket No. ER01–1259–000, as approximately 660 MW (nominal) [Docket No. ER01–3090–000] subsequently amended. Furthermore, in generating facility currently under Take notice that on September 21, light of the above, pursuant to Section construction in Armstrong County, 2001, American Transmission Systems, 365.8 of the Commission’s regulations, Pennsylvania. Inc., filed with a Service Agreement to NRG also notified the Commission of Comment date: October 15, 2001, in provide Non-Firm Point-to-Point this material change in facts regarding accordance with Standard Paragraph E Transmission Service for Calpine NRG’s application for exempt wholesale at the end of this notice. The Energy Services, L.P., the Transmission generator (‘‘EWG’’) filed with the Commission will limit its consideration Customer. Services are being provided Commission on February 8, 2001 in of comments to those that concern the under the American Transmission Docket No. EG01–121–000, as adequacy or accuracy of the application. Systems, Inc. Open Access subsequently amended, redocketed as 22. Dominion Troy Services Company, Transmission Tariff submitted for filing Docket No. EG01–185–000, and Inc. by the Federal Energy Regulatory ultimately approved by operation of Commission in Docket No. ER99–2647– law. [Docket No. EG01–333–000] 000. The proposed effective date under Comment date: October 12, 2001, in Take notice that on September 20, the Service Agreement is September 20, accordance with Standard Paragraph E 2001, Dominion Troy Services 2001 for the above mentioned Service at the end of this notice. Company, Inc. (DTSA) tendered for Agreement in this filing. filing with the Federal Energy Comment date: October 12, 2001, in 20. Dominion Dresden Services Regulatory Commission, (Commission) accordance with Standard Paragraph E Company, Inc. an application for determination of at the end of this notice. [Docket No. EG01–331–000] exempt wholesale generator status 18. American Transmission Systems, Take notice that on September 20, pursuant to Part 365 of the Inc. 2001, Dominion Dresden Services Commission’s regulations. [Docket No. ER01–3091–000] Company, Inc. (DDSA) filed with the Comment date: October 15, 2001, in Federal Energy Regulatory Commission accordance with Standard Paragraph E Take notice that on September 21, an application for determination of at the end of this notice. The 2001, American Transmission Systems, Inc. filed a Service Agreement to exempt wholesale generator status Commission will limit its consideration provide Firm Point-to-Point pursuant to Part 365 of the of comments to those that concern the Transmission Service for Calpine Commission’s regulations. adequacy or accuracy of the application. DDSA, a Delaware corporation, is a Energy Services, L.P., the Transmission 23. Dominion Pleasants Services wholly owned subsidiary of Dominion Customer. Services are being provided Company, Inc. under the American Transmission Energy, Inc. (DEI) also a Virginia [Docket No. EG01–334–000] Systems, Inc. Open Access corporation. DEI is a wholly owned Transmission Tariff submitted for filing subsidiary of Dominion Resources, Inc., Take notice that on September 24, by the Federal Energy Regulatory a Virginia corporation. DDSA will be 2001, Dominion Pleasants Services Commission in Docket No. ER99–2647– directly and exclusively engaged in the Company Inc. (DPSA) filed with the 000. The proposed effective date under business of operating and selling Federal Energy Regulatory Commission the Service Agreement is September 20, electricity at wholesale from an an application for determination of 2001 for the above mentioned Service approximately 668 MW (nominal) exempt wholesale generator status Agreement in this filing. generating facility currently under pursuant to Part 365 of the Comment date: October 12, 2001, in construction near Dresden, Ohio. Commission’s regulations. accordance with Standard Paragraph E Comment date: October 15, 2001, in DPSA, a Delaware corporation, is a at the end of this notice. accordance with Standard Paragraph E wholly owned subsidiary of Dominion at the end of this notice. The Energy, Inc. (DEI) also a Virginia 19. Wisvest-Connecticut, LLC and NRG Commission will limit its consideration corporation. DEI is a wholly owned Connecticut Power Assets LLC, NRG of comments to those that concern the subsidiary of Dominion Resources, Inc., Connecticut Power Assets LLC, NRG adequacy or accuracy of the application. a Virginia corporation. DPSA will be Connecticut Power Assets LLC 21. Dominion Armstrong Services directly and exclusively engaged in the [Docket Nos. EC01–70–000 and ER01–1259– Company, Inc. business of operating and selling 000 (Consolidated), EG01–121–000, EG01– electricity at wholesale from an 185–000 (Not Consolidated)] [Docket No. EG01–332–000] approximately 335 MW generating Take notice that on September 21, Take notice that on September 20, facility currently under construction in 2001, Wisvest-Connecticut, LLC and 2001, Dominion Armstrong Services Pleasants County, West Virginia. NRG Connecticut Power Assets LLC Company, Inc. (‘‘DASA’’) filed with the Comment date: October 15, 2001, in (NRG), notified the Commission of the Federal Energy Regulatory Commission accordance with Standard Paragraph E withdrawal of their application for an application for determination of at the end of this notice. The authority under Section 203 of the exempt wholesale generator status Commission will limit its consideration Federal Power Act to dispose of pursuant to Part 365 of the of comments to those that concern the jurisdictional facilities, filed with the Commission’s regulations. adequacy or accuracy of the application.
VerDate 11
Standard Paragraph h. Licensee Contact: Mr. Jim Crew, o. Filing and Service of Responsive E. Any person desiring to be heard or Alabama Power Company, P.O. Box Documents—Any filings must bear in to protest such filing should file a 2641, Birmingham, Alabama 35291. all capital letters the title motion to intervene or protest with the (205) 257–4265. ‘‘COMMENTS’’, Federal Energy Regulatory Commission, i. FERC Contact: Any questions on ‘‘RECOMMENDATIONS FOR TERMS 888 First Street, NE., Washington, DC this notice should be addressed to Jean AND CONDITIONS’’, ‘‘PROTEST’’, OR 20426, in accordance with Rules 211 Potvin, [email protected], or (202) ‘‘MOTION TO INTERVENE’’, as and 214 of the Commission’s Rules of 219–0022. applicable, and the Project Number of j. Deadline for filing comments and or Practice and Procedure (18 CFR 385.211 the particular application to which the motions: October 25, 2001. filing refers. A copy of any motion to and 385.214). All such motions or All documents (original and eight protests should be filed on or before the intervene must also be served upon each copies) should be filed with Mr. David representative of the Applicant comment date. Protests will be P. Boergers, Secretary, Federal Energy considered by the Commission in specified in the particular application. Regulatory Commission, 888 First p. Agency Comments—Federal, state, determining the appropriate action to be Street, NE., Washington, DC 20426. taken, but will not serve to make and local agencies are invited to file Comments, protests and interventions comments on the described application. protestants parties to the proceeding. may be filed electronically via the Any person wishing to become a party A copy of the application may be internet in lieu of paper. See, 18 CFR obtained by agencies directly from the must file a motion to intervene. Copies 385.2001(a)(1)(iii) and the instructions of this filing are on file with the Applicant. If an agency does not file on the Commission’s web site at comments within the time specified for Commission and are available for public http://www.ferc.fed.us/rfi/doorbell.htm. inspection. This filing may also be filing comments, it will be presumed to Please reference the following number, have no comments. One copy of an viewed on the web at http:// P–2146–091, on any comments or www.ferc.gov using the ‘‘RIMS’’ link, agency’s comments must also be sent to motions filed. the Applicant’s representatives. select ‘‘Docket#’’ and follow the k. Description of Proposal: The instructions (call 202–208–2222 for licensee proposes to convey an David P. Boergers, assistance). Comments, protests and easement for (1) a berm to hold water in Secretary. interventions may be filed electronically a small lake at summer pool and an via the Internet in lieu of paper. See, 18 [FR Doc. 01–24298 Filed 9–27–01; 8:45 am] adjoining concrete rubble retaining wall, BILLING CODE 6717–01–P CFR 385.2001(a)(1)(iii) and the (2) certain excavation and fill activities, instructions on the Commission’s web (3) a small bridge for a golf cart crossing, site under the ‘‘e-Filing’’ link. (4) associated drainage structures and DEPARTMENT OF ENERGY David P. Boergers, (5) a permanent water quality Secretary. monitoring station near the outfall of the Federal Energy Regulatory [FR Doc. 01–24305 Filed 9–27–01; 8:45 am] small lake into the river channel. Commission l. Locations of the Application: A BILLING CODE 6717–01–M copy of the application is available for Notice of Settlement Agreement and inspection and reproduction at the Soliciting Comments DEPARTMENT OF ENERGY Commission’s Public Reference Room, September 24, 2001. at 888 First Street, NE., Room 2A, Take notice that the following Federal Energy Regulatory Washington, DC 20426, or by calling Settlement Agreement has been filed Commission 202–208–1371. The application may be with the Commission and is available viewed on-line at http:// Notice of Application To Convey for public inspection. www.ferc.fed.us/online/rims.htm (call a. Type of Application: Settlement Easement and Soliciting Comments, 202–208–2222 for assistance). A copy is Motions To Intervene, and Protests Agreement. also available for inspection and b. Project No.: 2496–051. September 24, 2001. reproduction at the address in item h c. Date filed: September 13, 2001. Take notice that the following above. d. Applicant: Eugene Water & Electric m. Individuals desiring to be included application has been filed with the Board. on the Commission’s mailing list should Commission and is available for public e. Name of Project: Leaburg- so indicate by writing to the Secretary inspection: Walterville Hydroelectric Project. a. Application Type: Authorization to of the Commission. f. Location: On the McKenzie River, in n. Comments, Protests, or Motions to convey an easement across certain Lane County, Oregon. The project does Intervene—Anyone may submit Coosa River Project, H. Neely Henry not occupy any federal land. comments, a protest, or a motion to Development lands and waters to the g. Filed Pursuant to: Rule 602 of the intervene in accordance with the City of Gadsden, Alabama for the Commission’s Rules of Practice and requirements of Rules of Practice and development of a municipal golf course. Procedure, 18 CFR 385.602. b. Project No. 2146–091. Procedure, 18 CFR 385.210, .211, .214. h. Applicant Contact: Gale Banry, c. Date Filed: August 15, 2001. In determining the appropriate action to Relicensing Project Manager, Eugene d. Licensee: Alabama Power take, the Commission will consider all Water & Electric Board, 500 East 4th Company. protests or other comments filed, but Avenue, P.O. Box 10148, Eugene, OR e. Name of Project: Coosa River only those who file a motion to 97440, (541) 484–2411. Hydroelectric Project. intervene in accordance with the i. FERC Contact: John Smith, 202– f. Location: On the Coosa River, in Commission’s Rules may become a 219–2460, [email protected]. Calhoun, St. Clair and Etowah Counties, party to the proceeding. Any comments, j. Deadline for filing comments: Alabama. This project does not occupy protests, or motions to intervene must October 15, 2001. Reply comments due any federal lands. be received on or before the specified October 30, 2001. g. Filed Pursuant to: Federal Power comment date for the particular All documents (original and eight Act, 16 U.S.C. 791(a)–825(r). application. copies) should be filed with: David P.
VerDate 11
Boergers, Secretary, Federal Energy DEPARTMENT OF ENERGY respond via facsimile to Pennie Lewis- Regulatory Commission, 888 First Partee at 202–208–0353. Please include Street, NE., Washington, DC 20426. Federal Energy Regulatory in the response the names, addresses, Comments may be filed electronically Commission and telephone numbers of all attendees via the internet in lieu of paper. See 18 from your organization. We will send an CFR 385.2001(a)(1)(iii) and the Notice of Rescheduled Sixth Interstate acknowledgment of your request. instructions on the Commission’s Natural Gas Facility-Planning Seminar If you have any questions, you may website (http://www.ferc.gov) under the Presentation of Staff’s Findings contact any of the staff listed below: ‘‘e-Filing’’ link. September 24, 2001. Richard Hoffmann, 202/208–0066 The Commission’s Rules of Practice The Office of Energy Projects has Lauren O’Donnell, 202/208–0325 require all intervenors filing documents rescheduled its sixth in a series of Jeff Shenot, 202/219–2178 with the Commission to serve a copy of public meetings for the purpose of Howard Wheeler, 202/208–2299 that document on each person on the exploring and enhancing strategies for J. Mark Robinson, official service list for the project. constructive public participation in the Further, if an intervenor files comments Director, Office of Energy Projects. earliest stages of natural gas facility or documents with the Commission [FR Doc. 01–24306 Filed 9–27–01; 8:45 am] planning. This seminar will be held in relating to the merits of an issue that BILLING CODE 6717–01–P Washington, DC at the Federal Energy may affect the responsibilities of a Regulatory Commission on Friday, particular resource agency, they must October 26, 2001.1 The seminar will also serve a copy of the document on DEPARTMENT OF ENERGY focus on the staff’s report entitled: that resource agency. k. Description of Filing: Eugene Water ‘‘Ideas For Better Stakeholder Federal Energy Regulatory & Electric Board filed the Settlement Involvement In The Interstate Natural Commission Gas Pipeline Planning Pre-Filing Agreement on behalf of itself and the [Project No. 2634] U.S. Department of Commerce’s Process’’ and provide an opportunity for National Marine Fisheries Service an open discussion of the report. Great Northern Paper, Inc; Notice of We are inviting all attendees from our (NMFS) and the U.S. Department of the Proposed Restricted Service List for a previous seminars and any other Interior’s Fish and Wildlife Service Programmatic Agreement for interested persons; natural gas (FWS). The purpose of the Settlement Managing Properties Included in or companies; Federal, state and local Agreement is to resolve among the Eligible for Inclusion in the National agencies; landowners and non- signatories issues raised in NMFS’s and Register of Historic Places FWS’s pending Request for Rehearing governmental organizations with an and Reconsideration and EWEB’s interest in searching for improved ways September 24, 2001. pending Petition for Rehearing of the to do business to join us. We will Rule 2010 of the Federal Energy Commission’s April 27, 2000, Order on specifically discuss the findings in Regulatory Commission’s (Commission) Remand and Lifting Stays for the staff’s report and the overall facility Rules of Practice and Procedure Leaburg-Walterville Hydroelectric planning process, not the merits of any provides that, to eliminate unnecessary Project (FERC Project No. 2496). The pending or planned pipeline projects. expense or improve administrative The staff report can be downloaded signatories request that the Commission efficiency, the Secretary may establish a from the FERC web-site at www.ferc.gov accept the Offer of Settlement; approve restricted service list for a particular or requested by e-mail at: gas outreach- 1 the Agreement and the construction phase or issue in a proceeding. The [email protected]. schedule proposed pursuant to license restricted service list should contain the At the seminar, the staff of the article 403 (Attachment 2 to the Offer of names of persons on the service list Commission’s Office of Energy Projects Settlement) without material who, in the judgment of the decisional will give a presentation on the findings modification; substitute revised and authority establishing the list, are active in the staff report. These were compiled updated license articles 410, 416, 417, participants with respect to the phase or from our first five seminars in Albany, 418, 419, 420, and 421 (Attachment 3 to issue in the proceeding for which the New York; Chicago, Illinois; Tampa, the Offer of Settlement) for those list is established. Florida; Seattle, Washington; and contained in the license as issued on The Commission is consulting with Portsmouth, New Hampshire. We will March 24, 1997; and delete Appendices the Maine State Historic Preservation discuss each set of action options A and B from the March 24, 1997 Officer (hereinafter, SHPO) and the stakeholders can use as tools to improve license order. Comments and reply Advisory Council on Historic their involvement in the pre-filing comments on the Settlement Agreement Preservation (hereinafter, Council) planning process. The open discussion are due on the dates listed above. pursuant to the Council’s regulations, 36 time will focus on ideas people have for l. A copy of the Settlement Agreement CFR part 800, implementing Section 106 implementing the options and also is on file with the Commission and is of the National Historic Preservation experiences people have had with them. available for public inspection. This Act, as amended, (16 U.S.C. Section The meeting will be held in the FERC filing may also be viewed on the web at 470f), to prepare a programmatic Headquarters at 888 1st St., NE., http://www.ferc.gov using the ‘‘RIMS’’ agreement for managing properties Washington, DC. The meeting is link-select ‘‘Docket #’’ and follow included in, or eligible for inclusion in, scheduled to start at 9:30 a.m. and finish instructions (call (202) 208–2222 for the National Register of Historic Places at 12 noon. assistance). A copy is also available for at the Storage Project (FERC No. P– If you plan to attend, please email our 2634). inspection and reproduction at the team by October 22, 2001 at address in item h above. The programmatic agreement, when [email protected]. Or, you can executed by the Commission, the SHPO, David P. Boergers, and the Council, would satisfy the Secretary. 1 Please note that this meeting was originally scheduled for September 20, 2001, at the FERC Commission’s Section 106 [FR Doc. 01–24299 Filed 9–27–01; 8:45 am] Headquarters in Washington, DC, but was BILLING CODE 6717–01–P postponed. 1 18 CFR 385.2010.
VerDate 11
responsibilities for all individual of the 15 day period. Otherwise, a 1266, telephone: (406) 247–7426, e-mail: undertakings carried out in accordance further notice will be issued ruling on [email protected]. with the license until the license expires the motion. SUPPLEMENTARY INFORMATION: The Upper or is terminated (36 CFR 800.14). The David P. Boergers, Great Plains Region owns, operates, and Commission’s responsibilities pursuant maintains 7,700 miles of transmission Secretary. to Section 106 for the above project and 99 substations in Montana, North would be fulfilled through the [FR Doc. 01–24300 Filed 9–27–01; 8:45 am] Dakota, South Dakota, Minnesota, Iowa, programmatic agreement, which the BILLING CODE 6717–01–P and Nebraska. This transmission grid Commission proposes to draft in was designed and constructed to deliver consultation with certain parties listed Federal hydropower to more than 300 below. The executed programmatic DEPARTMENT OF ENERGY preference customers in the Region, but agreement would be incorporated into Western Area Power Administration is constrained from accepting new any Order issuing a license. generation resources presently being Great Northern Paper, Inc. as Montana/Dakotas Regional planned in Montana and North Dakota. prospective licensee for Project No. P– Transmission Study Scope This study will identify potential new 2634, and the Passamaquoddy Indian generation sites and evaluate Tribe, Penobscot Indian Nation, and AGENCY: Western Area Power enhancements to the existing U.S. Bureau of Indian Affairs have Administration, DOE. transmission system along with new interest in this proceeding are invited to ACTION: Notice of public workshop and transmission projects needed to deliver participate in consultations to develop request for comments. new energy resources to customers in the programmatic agreement and to sign both the east and west grids. as a concurring party to the SUMMARY: The Western Area Power The workshop will consist of a brief programmatic agreement. Administration (Western), a Federal presentation on transmission constraints For purposes of commenting on the power marketing agency of the in the Western transmission system, programmatic agreement, we propose to Department of Energy, will hold a possible remedies, and presently restrict the service list for Project No. P– public workshop to solicit input on a planned system improvements. Open 2634 as follows: planning study of transmission discussion of new projects will follow. expansion options and projected costs Maps of the existing transmission Dr. Laura Henley Dean, Advisory in Western’s Upper Great Plains Region. Council on Historic Preservation, The system will be available to assist Western is soliciting suggestions from workshop participants in locating Old Post Office Building, Suite 803, interested parties for the sites in 1100 Pennsylvania Avenue, NW., proposed projects. Western’s staff will Montana and North Dakota that should review the proposed projects and Washington, DC 20004 be studied as potential locations for new Earle G. Shettleworth, Jr., State Historic develop a final scope of study by generation and possible transmission Preservation Officer, Maine Historic November 21, 2001. The final study alternatives needed to deliver these Preservation Commission, 55 Capitol scope will be posted on Western’s resources to the eastern and western Street, 65 State House Station, Website at www.wapa.gov. Various electric grids. This study is being Augusta, Maine 04333 types of generation and both alternating conducted in accordance with the Brian R. Stetson, Manager of current and direct current technology Supplemental Appropriations Act, Environmental Affairs, Great Northern will be considered. The study will 2001, (Pub. L. 107–20, Chapter 4). Paper, Inc., Engineering and Research require assumptions as to future Western will accept oral and written Building, 1 Katahdin Ave., generation locations for creation of a comments on the study scope at the Millinocket, Maine 04462–1373 benchmark model. Power flow and workshop and will accept written Richard H. Hamilton, Chief, Penobscot stability analyses will be conducted on comments until November 2, 2001. A Indian Nation, 6 River Road; Indian the selected scenarios as limited by final scope of study will be published Island, Old Town, Maine 04468 study schedule and budget. A final November 21, 2001, and posted on Gregory W. Sample, Drummond report of study results will be published Western’s Website at www.wapa.gov. Woodsum & MacMahon, 245 in June 2002 and posted on Western’s Commercial Street, P.O. Box 9781, DATES: The workshop will be held Website at www.wapa.gov. Electronic Portland, Maine 04104–5081 October 19, 2001, from 9:30 a.m. to 12 copies will be available by request. p.m. (noon) and 1 p.m. to 4:30 p.m. Jim Harriman, U.S. Bureau of Indian Dated: September 14, 2001. Affairs, Eastern Area Office, M.S. MDT. Lunch will not be provided. All comments must be received by Michael S. Hacskaylo, 260–VASQ, 3701 Fairfax Drive, Administrator. Arlington, Virginia 22203–1700 November 2, 2001, to assure consideration. [FR Doc. 01–24313 Filed 9–27–01; 8:45 am] Any person on the official service list BILLING CODE 6450–01–P for the above-captioned proceedings ADDRESSES: The workshop will be held may request inclusion on the restricted at the Sheraton Hotel, 27 North 27th Street, Billings, Montana. All comments service list, or may request that a ENVIRONMENTAL PROTECTION should be sent to: Ms. Robin Johnson, restricted service list not be established, AGENCY by filing a motion to that effect within Project Manager, Western Area Power 15 days of this notice date. Administration, 2900 4th Avenue North, [FRL 7069–8] An original and 8 copies of any such Billings, MT 59101–1266. Comments motion must be filed with the Secretary may also be faxed to (406) 247–7408 or Agency Information Collection of the Commission (888 First Street, e-mailed to [email protected]. Activities; OMB Responses FOR FURTHER INFORMATION CONTACT: NE., Washington, DC 20426) and must Ms. ACTION: Notice. be served on each person whose name Robin Johnson, Project Manager, Upper appears on the official service list. If no Great Plains Customer Region, Western SUMMARY: This document announces the such motions are filed, the restricted Area Power Administration, 2900 4th Office of Management and Budget’s service list will be effective at the end Avenue North, Billings, MT 59101– (OMB) responses to Agency clearance
VerDate 11
requests, in compliance with the Production Import, Recycling, 2001; OMB filed comment and Paperwork Reduction Act (44 U.S.C. Destruction, Transshipment and continue. 3501 et seq.). An agency may not Feedstock Use of Ozone-Depleting EPA ICR No. 1938.01; National conduct or sponsor, and a person is not Substances; in 40 CFR Part 82.13; was Emission Standards for Hazardous Air required to respond to, a collection of approved 07/19/2001; OMB No. 2060– Pollutants from Municipal Solid Waste information unless it displays a 0170; expires 09/30/2001. Landfills; in 40 CFR, part 60, subparts currently valid OMB control number. EPA ICR No. 1710.03; Residential CC and WWW; on 06/07/2001; OMB The OMB control number for EPA’s Lead-Based Paint Hazard Disclosure filed comment and continue. regulations are listed in 40 CFR part 9 Requirements; in 40 CFR Part 745, EPA ICR No. 1951.01; NESHAP for and 48 CFR Chapter 15. subpart F; was approved 07/03/2001; Source Categories; Paper and Other Web FOR FURTHER INFORMATION CONTACT: OMB No. 2070–0151; expires 07/31/ Coating Operations; in 40 CFR, Part 63, Sandy Farmer at 260–2740, or email at 2004. subpart JJJJ on 06/14/2001; OMB filed [email protected], and please refer EPA ICR No. 1246.08; Rule Related comment and continue. to the appropriate EPA Information Replacement ICR to the Existing ICR EPA ICR No. 1886.01; Recordkeeping Collection Request (ICR) Number. entitled ‘‘Reporting and Recordkeeping and Reporting Requirements for SUPPLEMENTARY INFORMATION: for Asbestos Abatement Worker National Emission Standards for Protection’’; in 40 CFR part 763, subpart Hazardous Air Pollutants (NESHAP for OMB Responses to Agency Clearance G; was approved 07/23/01; OMB No. Manufacturing of Nutritional Yeast Requests 2070–0072; expires 07/31/2004 Source Category; 40 CFR, part 63, EPA ICR No. 1693.02; Plant- OMB Approvals subpart CCCC; on 08/01/2001; OMB Incorporated Protectants; CBI filed comment. EPA ICR No. 1849.01; Landfill Substantiation and Adverse Effects Methane Outreach Program; was Reporting; was approved 07/23/2001; Withdrawn approved 06/05/2001; OMB No. 2060– OMB No. 2070–0142; expires 07/31/ EPA ICR No. 1969.01; National 0446; expires 10/31/2003. 2004. Emission Standards of Hazardous Air EPA ICR No.; 1643.04; Application EPA ICR No. 1593.05; Standards of Pollutants (NESHAP) from Requirements for the Approval and Performance for Air Emission Standards Miscellaneous Organic Chemical Delegation of Federal Air Toxics for Tanks, Surface Impoundments and Manufacturing; was withdrawn from Programs, to State, Territorial, Local, Containers, in 40 CFR part 264, subpart OMB on 07/13/2001. and Tribal Agencies; in 40 CFR Part 63, CC, and 40 CFR part 265; was approved Dated: September 12, 2001. subpart E; was approved 06/05/2001; 07/11/2001; OMB No. 2060–0318; OMB No. 2060–0264; expires 06/30/ expires on 07/31/2004 Oscar Morales, 2004. Director, Collection Strategies Division. EPA ICA No. 0222.05; Investigation Short Term Extensions [FR Doc. 01–24376 Filed 9–27–01; 8:45 am] into Possible Noncompliance of Motor EPA ICR No. 1012.06; Polychlorinated BILLING CODE 6560–50–M Vehicles with Federal Emission Biphenyls (PCBs) Disposal Permitting Standards; was approved 06/05/2001; Regulation; OMB No. 2070–0011 on 06/ OMB No. 2060–0086; expires 06/30/ 29/2001 OMB extended the expiration ENVIRONMENTAL PROTECTION 2002. date through 07/31/2001. AGENCY EPA ICR No. 1687.05; NESHAP EPA ICR No. 1011.40; Partial [FRL–7069–3] Aerospace Manufacturing and Rework Updating of TSCA Inventory Data Base; Operations; in 40 CFR part 63, subpart Production and Site Reports; OMB No. Agency Information Collection GG; was approved 05/31/2001; OMB 2070–0070; on 06/30/2001 OMB Activities: Submission for OMB No. 2060–0314; expires 05/31/2004. extends the expiration date through 09/ Review; Comment Request; National EPA ICR No. 1080.10; National 30/2001. Emission Standard for Hazardous Air Emission Standards for Hazardous Air EPA ICR No. 0867.07; Polychlorinated Pollutants for Total HAP Emissions Pollutants, Benzene Emission from Biphenyls (PCBs): Manufacturing, From Pulp and Paper Production, Pulp Benzene Storage Vessells and Coke by- Processing, and Distribution in and Paper Source Category—Process Product recovery plants in 40 CFR, part Commerce Exemptions; OMB No. 2070– Operations 61, subpart L & Y was approved 08/01/ 0021; on 06/29/2001 OMB extended the 2001; OMB No. 2060–0185; expires 08/ expiration date through 07/31/2001. AGENCY: Environmental Protection 31/2004. EPA ICR No. 1001.06; Polychlorinated Agency (EPA). EPA ICR No. 1135.07; New Source Biphenyls (PCBs); Exclusions, ACTION: Notice. Performance Standards (NSPS) for Exemptions, and Use Authorizations; Magnetic Tape Coating Facilities; 40 OMB No. 2070–0008; on 06/29/01 OMB SUMMARY: In compliance with the CFR part 60, subpart SSS; was approved extended the expiration date through Paperwork Reduction Act (44 U.S.C. 02/15/01; OMB No. 2060–0171; expires 07/31/2001. 3501 et seq.), this document announces 02/29/2004. EPA ICR No. 1823.01; Reporting and that the following Information EPA ICR No. 0574.11; Pre- Recordkeeping Requirements under the Collection Request (ICR) has been Manufacture Review Reporting and Perfluorocompound (PFC) Emission forwarded to the Office of Management Exemption Requirements for New Reduction Partnership for the and Budget (OMB) for review and Chemical Substances and Significant Semiconductor Industry; OMB NO. approval: NESHAP for Total HAP New Use Reporting Requirements for 2060–0382; on 06/29/01 OMB extended Emissions from the Pulp and Paper Chemical Substances; in 40 CFR Part the expiration date through 09/30/2001. Production Source Category—Process 720, 721, 723 and 725; was approved Operations, OMB Control Number 07/23/200; OMB No. 2070– 0012; Comment Filed 2060–0387, expiration date September expires 07/21/2004. EPA ICR No. 1957.01; Reporting and 30, 2001. The ICR describes the nature EPA ICR No. 1432.20; Recordkeeping Recordkeeping Requirements for Metal of the information collection and its and Periodic Reporting of the Coil Surface Coating Plants; on 06/07/ expected burden and cost; where
VerDate 11
appropriate, it includes the actual data control device and to perform and Estimated Total Annualized Capital, collection instrument. document periodic inspections of the O&M Cost Burden: $370,500. DATES: Comments must be submitted on closed vent and wastewater conveyance Send comments on the Agency’s need or before October 29, 2001. systems. All respondents must submit for this information, the accuracy of the ADDRESSES: Send comments, referencing semi-annual summary reports of provided burden estimates, and any EPA ICR No. 1657.04 and OMB Control monitored parameters, and they must suggested methods for minimizing No. 2060–0387, to the following submit an additional monitoring report respondent burden, including through addresses: Susan Auby, U.S. during each quarter in which monitored the use of automated collection Environmental Protection Agency, parameters were outside the ranges techniques to the addresses listed above. Collection Strategies Division (Mail established in the standard or during Please refer to EPA ICR No. 1657.04 and Code 2822), 1200 Pennsylvania Avenue, initial performance tests. A source OMB Control No. 2060–0387 in any N.W., Washington, DC 20460–0001; and identified to be out of compliance with correspondence. to Office of Information and Regulatory the NESHAP will be required to submit Dated: September 12, 2001. Affairs, Office of Management and quarterly reports until the Administrator Oscar Morales, Budget (OMB), Attention: Desk Officer is satisfied that the source has corrected Director, Collection Strategies Division. its compliance problem. These for EPA, 725 17th Street, N.W., [FR Doc. 01–24377 Filed 9–27–01; 8:45 am] Washington, DC 20503. notifications, reports, and records are essential in determining compliance, BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: For and are required of all sources subject a copy of the ICR contact Susan Auby to MACT standards. Since none of the at EPA by phone at (202) 260–4901, by ENVIRONMENTAL PROTECTION required reports to the Agency have E-mail at [email protected] AGENCY been deemed confidential business or download off the Internet at http:// information they will not be treated as [FRL–7069–2] www.epa.gov/icr and refer to EPA ICR such. No. 1657.04. For technical questions An agency may not conduct or Agency Information Collection about the ICR contact Seth Heminway sponsor, and a person is not required to Activities; Submission to OMB; by phone at (202) 564–7017 or by E-mail respond to, a collection of information Comment Request; EPA ICR No. at: [email protected]. unless it displays a currently valid OMB 0596.07; Application and Summary SUPPLEMENTARY INFORMATION: control number. The OMB control Report for FIFRA Section 18 Title: NESHAP—MACT Subpart S, numbers for EPA’s regulations are listed Emergency Exemption for Pesticides Pulp and Paper Production Source in 40 CFR part 9 and 48 CFR chapter 15. Category—Process Operations (OMB AGENCY: Environmental Protection The Federal Register document Agency (EPA). control number 2060–0387; EPA ICR required under 5 CFR 1320.8(d), ACTION: Notice. No. 1657.04) expiration date September soliciting comments on this collection 30, 2001. This review is for an extension of information was published on SUMMARY: In compliance with the of the currently approved information February 2, 2001 (66 FR 8591); no Paperwork Reduction Act (PRA) (44 collection. comments were received. U.S.C. 3501 et seq.), this document Abstract: This NESHAP covering Burden Statement: The annual public announces that the following emissions from the pulping process reporting and record keeping burden for Information Collection Request (ICR) relies on the capture and destruction of this collection of information is has been forwarded to the Office of hazardous air pollutants (HAP) by either estimated to average 100 hours per Management and Budget (OMB) for burning them in a boiler or kiln or by response. Burden means the total time, review and approval: Application and introducing them into the wastewater effort, or financial resources expended Summary Report for Emergency treatment system. HAP’s captured from by persons to generate, maintain, retain, Exemption for Pesticides (EPA ICR bleaching systems are controlled with a or disclose or provide information to or No.0596.07; OMB No. 2070–0032). The chlorine gas scrubber. The record for a Federal agency. This includes the ICR, which is abstracted below, keeping, notification and reporting time needed to review instructions; describes the nature of the information requirements of the standard are develop, acquire, install, and utilize collection activity and its expected critically important as they allow the technology and systems for the purposes burden and costs. The Federal Register Agency to determine to which facilities of collecting, validating, and verifying document, required under 5 CFR the standards apply and they enable the information, processing and 1320.8(d), soliciting comments on this Agency to monitor initial and ongoing maintaining information, and disclosing collection of information was published compliance with the standards. As and providing information; adjust the on December 20, 2000 (65 FR 79823). much as possible, in order to reduce the existing ways to comply with any EPA received no comments on this ICR burden, the compliance monitoring and previously applicable instructions and during the 60-day comment period. record keeping requirements are requirements; train personnel to be able DATES: Additional comments may be designed to cover parameters that are to respond to a collection of already being monitored as part of the submitted on or before October 29, information; search data sources; 2001. manufacturing process. complete and review the collection of Pulp mill owners or operators information; and transmit or otherwise ADDRESSES: Send your comments, (respondents) are required to submit disclose the information. referencing the proper ICR number, to: initial notifications, maintain records of Respondents/Affected Entities: Pulp Ms. Sandy Farmer, U.S. Environmental the occurrence and duration of any mill owners or operators. Protection Agency, Office of startup, shutdown, or malfunction in Estimated Number of Respondents: Environmental Information, Collection the operation of an affected facility, or 162. Strategies Division (2822), 1200 any period during which the monitoring Frequency of Response: Semi-annual Pennsylvania Ave., NW., Washington, system is inoperative. Respondents are and quarterly. DC 20460; and send a copy of your required to monitor and keep records of Estimated Total Annual Hour Burden: comments to: Office of Information and specific operating parameters for each 50,232. Regulatory Affairs, Office of
VerDate 11
Management and Budget (OMB), acquire, install, and utilize technology submitted within 30 days of this notice, Attention: Desk Officer for EPA, 725 and systems for the purposes of as described above. 17th Street, NW., Washington, DC collecting, validating, and verifying Dated: September 20, 2001. information, processing and 20503. Oscar Morales, maintaining information, and disclosing FOR FURTHER INFORMATION CONTACT: and providing information; adjust the Director, Collection Strategies Division. Sandy Farmer at EPA by phone on 202– existing ways to comply with any [FR Doc. 01–24378 Filed 9–27–01; 8:45 am] 260–2740, by e-mail: previously applicable instructions and BILLING CODE 6560–50–P [email protected] or access the ICR requirements; train personnel to be able at http://www.epa.gov/icr/icr.htm and to respond to a collection of refer to EPA ICR No. 0596.07; OMB information; search data sources; ENVIRONMENTAL PROTECTION Control No. 2070–0032. complete and review the collection of AGENCY SUPPLEMENTARY INFORMATION: information; and transmit or otherwise [FRL–7069–1] ICR Title: Application and Summary disclose the information. The Agency Report for Emergency Exemption for may not conduct or sponsor, and a Agency Information Collection Pesticides person is not required to respond to a Activities: Submission for OMB collection of information that is subject Review; Comment Request, New (EPA ICR 0596.07, OMB Control No. to approval under the PRA, unless it Stationary Performance Sources 2070–0032) displays a currently valid OMB control (NSPS) for Hospital/Medical/Infectious ICR Status number. The OMB control numbers for Waste Incinerators EPA’s information collections appear on This is a request for extension of an AGENCY: Environmental Protection the collection instruments or existing approved collection that is Agency (EPA). instructions, in the Federal Register currently scheduled to expire on notices for related rulemakings and ICR ACTION: Notice. September 30, 2001. EPA is asking OMB notices, and, if the collection is to approve this ICR for three years. SUMMARY: In compliance with the contained in a regulation, in a table of Under 5 CFR 1320.10(e)(2), the Agency Paperwork Reduction Act (44 U.S.C. OMB approval numbers in 40 CFR part may continue to conduct or sponsor the 3501 et seq.), this document announces 9. that the following Information collection of information while the The ICR provides a detailed submission is pending at OMB. Collection Request (ICR) has been explanation of the information forwarded to the Office of Management Abstract collection activity and the and Budget (OMB) for review and corresponding burden estimate, which This information collection activity is approval: New Stationary Sources: is only briefly summarized here. designed to provide EPA with necessary Hospital/Medical/Infectious Waste Respondents/affected entities: States, data to evaluate an application for Incinerators, 40 CFR part 60, subpart US territories, and Federal Agencies that permission to temporarily ship and use Ec., OMB Control Number 2060–0363, regulate pesticides or pesticide a pesticide product for an unregistered expiration date of September 30, 2001. products. use to mitigate an emergency situation, Estimated total number of potential The ICR describes the nature of the and to evaluate the effectiveness of that respondents: 60. information collection and its expected product in allaying the emergency. The Frequency of response: As necessary, burden and cost; where appropriate, it state lead agency, territorial when a pest emergency is identified by includes the actual data collection government, or federal agency evaluates the respondents. instrument. the need to submit an emergency Estimated total/average number of DATES: Comments must be submitted on exemption application, and submit responses for each respondent: 10 or before October 29, 2001. these applications to EPA for annually. ADDRESSES: Send comments, referencing unregistered uses of pesticides they Estimated total annual burden hours: EPA ICR No. 1730.03 and OMB Control believe are warranted. The uses are 59,400. No. 2060–0363, to the following requested for a limited period of time to Estimated total annual non-labor addresses: Susan Auby, U.S. address the emergency situation only. costs: $0. Environmental Protection Agency, Applications for Section 18 emergency Changes in the ICR Since the Last Collection Strategies Division (Mail exemptions are submitted at the Approval: The total annual burden Code 2822), 1200 Pennsylvania Avenue, discretion of a state, U.S. territory, or associated with this ICR has increased N.W., Washington, DC 20460–0001; and federal agency. Should one of these 15,934 hours, from 43,466 hours in the to Office of Information and Regulatory entities apply for the emergency, then previous ICR to 59,400 hours for this Affairs, Office of Management and the information and data described in ICR. This change reflects a substantial Budget (OMB), Attention: Desk Officer the ICR must be submitted to EPA. increase in the number of FIFRA for EPA, 725 17th Street, NW., Section 18 emergency exemption Burden Statement Washington, DC 20503. applications submitted to the Agency The annual respondent burden for and is described in detail in the ICR. FOR FURTHER INFORMATION CONTACT: For collection of information associated The estimated burden per application, a copy of the ICR contact Susan Auby with the rule is estimated to average 99 which decreased slightly due to an at EPA by phone at (202) 260–4901, by hours per application. According to the arithmetic correction to the estimate in E-mail at [email protected], Paperwork Reduction Act (PRA), the previous ICR, is otherwise or download off the Internet at http:// ‘‘burden’’ means the total time, effort, or unchanged. www.epa.gov/icr and refer to EPA ICR financial resources expended by persons According to the procedures No. 1730.03. For technical questions to generate, maintain, retain, or disclose prescribed in 5 CFR 1320.12, EPA has about the ICR contact Jonathan Binder or provide information to or for a submitted this ICR to OMB for review in the Office of Enforcement and Federal agency. This includes the time and approval. Any comments related to Compliance Assurance at (202) 564– needed to review instructions; develop, the renewal of this ICR should be 2516 or [email protected].
VerDate 11
SUPPLEMENTARY INFORMATION: EPA whether facility personnel are techniques to the addresses listed above. operating and maintaining control Please refer to EPA ICR No.1730.03 and Title equipment properly. The NSPS for OMB Control No. 2060–0363 in any Information Collection for New HMIWIs requires initial notifications, correspondence. Stationary Sources Hospital/Medical/ performance tests, and periodic reports. Dated: September 20, 2001. Infectious Waste Incinerators, 40 CFR Owners or operators are also required to Oscar Morales, part 60, subpart Ec., OMB Control maintain records of the occurrence and Number 2060–0363, expiring 9/30/01. duration of any start-up, shutdown, or Director, Collection Strategies Division. This is a request for extension of a malfunction in the operation of an [FR Doc. 01–24379 Filed 9–27–01; 8:45 am] currently approved collection. affected facility, or any period during BILLING CODE 6560–50–P Abstract which the monitoring system is inoperative. These notifications, reports, Hospital/Medical/Infectious Waste and records are essential in determining ENVIRONMENTAL PROTECTION Incinerators (HMIWI), burning hospital compliance and are required of all AGENCY waste and/or medical infectious waste sources subject to NSPS. An agency may [ER–FRL–6622–2] are subject to specific reporting and not conduct or sponsor, and a person is recording keeping requirements. not required to respond to, a collection Environmental Impact Statements; Notification reports are required related of information unless it displays a Notice of Availability to the construction, reconstruction, or currently valid OMB control number. Responsible Agency: Office of Federal modification of an HMIWI. Also The OMB control numbers for EPA’s required are one-time-only reports Activities, General Information, (202) regulations are listed in 40 CFR part 9 564–7167 or www.epa.gov/oeca/ofa. related to initial performance test data and 48 CFR Chapter 15. The Federal and continuous measurements of site- Register document required under 5 Weekly receipt of Environmental Impact specific operating parameters. Annual CFR 1320.8(d), soliciting comments on Statements compliance reports are required related Filed September 17, 2001 Through this collection of information was to a variety of site-specific operating September 21, 2001 published on April 12, 2001; (66 FR parameters, including exceedance of Pursuant to 40 CFR 1506.9. 18927); no comments were received. applicable limits. Semi-annual EIS No. 010353, Final EIS, BOP, FL, GA, compliance reports are required related Burden Statement MS, AL, Criminal Alien Requirement to emission rate or operating parameter The annual public reporting and (CAR) II, To Contract for a Private data that were not obtained when record keeping burden for this Contractor-Owned/Contractor- exceedances of applicable limits collection of information is estimated to Operated Correctional Facility in occurred. Affected entities must retain average 1.9 hours per response. Burden Florida, Mississippi, Georgia and for five years the reports and records means the total time, effort, or financial Alabama to House Adult-Male and that are required under 40 CFR part 60, resources expended by persons to Non-US Citizen, AL, FL, GA and/or subpart Ec and 40 CFR part 60, generate, maintain, retain, or disclose or MS , Due: October 29, 2001, Contact: subpart—General Provisions. provide information to or for a Federal David J. Dorworth (202) 514–6470. Co-fired combustors and incinerators agency. This includes the time needed EIS No. 010354, Final EIS, FHW, VA, burning only pathological, low-level to review instructions; develop, acquire, Coalfields Expressway Location radioactive, and/or chemotherapeutic install, and utilize technology and Study, Improvements from Route 23 waste are required to submit notification systems for the purposes of collecting, near Pound, VA to the WV State Line reports of an exemption claim, and an validating, and verifying information, east of Slate, VA, Funding and COE estimate of the relative amounts of processing and maintaining Section 404 Permit, Wise, Dickerson waste and fuels to be combusted. These information, and disclosing and and Buchanan, VA, Due: October 29, co-fired combustors and incinerators are providing information; adjust the 2001, Contact: Roberto Fonseca- also required to maintain records on a existing ways to comply with any Martinez (804) 775–3320. calendar quarter basis of the weight of previously applicable instructions and EIS No. 010355, Final EIS, IBR, WA, hospital waste combusted, the weight of requirements; train personnel to be able Keechelus Dam Project, Safety of medical/infectious waste combusted, to respond to a collection of Dams Modification, Implementation, and the weight of all other fuels information; search data sources; COE Section 404 Permit, Yakima, combusted. complete and review the collection of Kittitas, Benton, and Klickitat All reports required under the New information; and transmit or otherwise Counties, WA, Due: October 29, 2001, Source Performance Standard (NSPS) disclose the information. Contact: Dave Kaumheimer (509) 575– and the General Provisions are Respondents/Affected Entities: 5848. submitted to the respondent’s state, Facilities burning hospital waste and/or EIS No. 010356, Final Supplement, tribal, or local agency, whichever has medical infectious waste. UMC, AZ, CA, Yuma Training Range been delegated enforcement authority Estimated Number of Respondents: 6. Complex Management, Operation and by the EPA. The information is used by Frequency of Response: On occasion, Development, Marine Corps Air EPA solely to determine that all sources semi-annual, and initial (one-time). Station Yuma, Goldwater Range, subject to the NSPS are in compliance Estimated Total Annual Hour Burden: Yuma and La Paz Cos., AZ and with the NSPS and that the control 4541 hours. Chocolate Mountain Range, Imperial system installed to comply with the Estimated Total Annualized Capital, and Riverside Counties, CA, Due: standards is being properly operated O&M Cost Burden: $19618. October 29, 2001, Contact: Deb and maintained. Based on reported Send comments on the Agency’s need Theroux (619) 532–1162. information, EPA can decide which for this information, the accuracy of the EIS No. 010357, Draft EIS, SFW, Light facilities should be inspected and what provided burden estimates, and any Goose Management Plan, records or processes should be suggested methods for minimizing Implementation of Reducing and inspected at the facilities. The records respondent burden, including through Stabilizing Specific Populations that sources maintain would indicate to the use of automated collection ‘‘Light Geese’’ in North America, Due:
VerDate 11
November 28, 2001, Contact: Jon 2001 has been extended to 10/31/ ENVIRONMENTAL PROTECTION Andrew (703) 358–1714. 2001. AGENCY EIS No. 010358, DRAFT EIS, AFS, MT, EIS No. 010315, Draft EIS, FHW, WA, I– Threemile Stewardship Project, A (ER–FRL–6622–3) 405 Corridor Transportation Proposed Short-term and Long-Term Environmental Impact Statements and Vegetation and Road Management Improvements, I–5 in the City of Tukwila to I–5 in Snohomish County, Regulations; Availability of EPA Activities, Ashland Ranger District, Comments Custer National Forest, Powder and Funding and Possible COE Section Rosebud Counties, MT, Due: 404 Permits Issuance, King and Availability of EPA comments November 13, 2001, Contact: Snohomish Counties, CA, Due: prepared pursuant to the Environmental Elizabeth McFarland (406) 784–2344. October 24, 2001, Contact: James Review Process (ERP), under Section This document is available on the Leonard (FHWA) (360) 753–9408. 309 of the Clean Air Act and Section Internet at: http://www.fs.fed.us/r1/ Revision of FR Notice Published on 102(2)(c) of the National Environmental custer/. 08/24/2001: CEQ Comment Period Policy Act as amended. Requests for EIS No. 010359, Final EIS, GSA, MD, Ending 10/09/2001 has been extended copies of EPA comments can be directed Suitland Federal Center, Construction to 10/24/2001. to the Office of Federal Activities at and Operation of a 226-acre Federal EIS No. 010334, Draft EIS, IBR, CA, (202) 564–7167. Employment Center, Programmatic American River Pump Station Project, An explanation of the ratings assigned Development Plan and Phase I to draft environmental impact Providing Placer County Water Implementation, Prince George’s statements (EISs) was published in FR Agency (PCWA) with the Year-Round County, MD, Due: October 29, 2001, dated May 18, 2001 (97 FR 27647). Contact: Jag Bhargava (202) 708–6944. Access to its Middle Fork Project EIS No. 010360, Draft EIS, FHW, IN, (MFP) Water Entitlements from the Draft EISs Indianapolis Northeast Corridor American River, Placer County, CA, ERP No. D–AFS–J65347–MT Rating Transportation Connections Study, To Due: November 13, 2001, Contact: EC2, Gold/Boulder/Sullivan (GBS), Identify Actions to Reduce Expected Rod Hall (916) 989–7279. Revision of Implementation of Timber Harvest and Year 2025 Traffic Congestion and FR Notice Published on 09/07/2001: Associated Activities and Rexford Enhance Mobility, Between I–69: from CEQ Review Period Ending 10/22/ Ranger District, Lincoln County, MT. I–465 to IN–328; I–465: from US 31 to 2001 has been extended to 11/13/ Summary: EPA expressed I–70; I–70: from I–65 to I–465: IN–37 2001. environmental concerns about proposed from I–69 to Allisonville Road EIS No. 010350, Draft EIS, NOA, riparian timber harvests with modification of INFISH RHCA (Noblesville), Marion and Hamilton Dolphin and Wahoo Fishery Counties, IN, Due: November 28, guidelines, harvests in the MA–2 semi- Management Plan, Establishing 2001, Contact: Larry Heil (327) 226– primitive non-motorized recreation area, Fishery Management Units, Stock 7491. open road density levels exceeding EIS No. 010361, Draft EIS, FAA, IL, Status Determination and Harvesting Forest standards, and regeneration South Suburban Airport, Proposed Restrictions, Initial Regulatory harvests in older forest habitat. EPA Site Approval and Land Acquisition, Flexibility Analysis, South Atlantic, recommended that additional analysis For Future Air Carrier Airport, Will Caribbean, and Gulf of Mexico, Due: be conducted to modify the preferred and Kankakee Counties, IL, Due: November 05, 2001, Contact: Joseph alternative to optimize environmental November 13, 2001, Contact: Denis R. E. Powers (727) 570–5301. Published and resources trade-offs, and to include Rewerts (847) 294–7195. FR 09–21–01—the Correct Website monitoring to detect effects on water Address should read as http:// Amended Notices quality. www.nmfs.noaa.gov/prot_res/ ERP No. D–AFS–J65348–CO Rating EIS No. 010302, Draft EIS, DOE, NM, ID, overview/publicat.html EC2, Bark Beetle Analysis, Proposal to NV, Technical Area 18 (TA–18) EIS No. 010351, Draft EIS, FHW, IL, Reduce Infestation of Trees by Tree- Relocation of Capabilities and Killing Bark Beetles, Medicine Bow- Materials at the Los Almos National Lake County Transportation Improvement Project, To Identify a Routt National Forests, Hahans Peak/ Laboratory (LANL), Operational Bears Ears Ranger District, Routt, Grand, System of Strategic Roadway, Rail, Activities Involve Research in and the Jackson and Moffat Counties, CO. Design, Development, Construction, and Bus Improvements, Summary: EPA generally supports and Application of Experiments on Transportation Management beetle suppression activities; however, Nuclear Criticality, NM, NV and ID, Strategies, Lake County, IL, Due: EPA expressed environmental concerns Due: October 26, 2001, Contact: James November 05, 2001, Contact: Norman with potential adverse impacts from J. Rose (866) 357–4345. Revision of FR R. Stoner (217) 492–4640. Published thinning and associated road Notice Published on 08/17/2001: CEQ FR–09–21–01—Correction to State construction. Additional analysis and a Review Period Ending on 10/05/2001 from IN to IL. description of the proposed adaptive has been Extended to 10/26/2001. Dated: September 28, 2001. management plan should be considered EIS No. 010303, Draft EIS, AFS, WA, Joseph C. Montgomery, and included in the FEIS. Crystal Mountain Master ERP No. D–AFS–K65234–CA Rating Development Plan, To Provide Winter Director, NEPA Compliance Division, Office EC2, Mineral Forest Recovery Project, and Summer Recreational Use, of Federal Activities. Proposes to Construct Defensible Fuel Special-Use-Permit, Mt. Baker- [FR Doc. 01–24383 Filed 9–27–01; 8:45 am] Profile Zones (DFPZs), Lassen National Snoqualmie National Forest, Silver BILLING CODE 6560–50–P Forest, Almanor Ranger District, Creek Watershed, Pierce County, WA, Tehama County, CA. Due: October 31, 2001, Contact: Larry Summary: EPA raised concerns Donovan (425) 744–3403. Revision of related to purpose and need, alternative FR Notice Published on 08/17/2001: development, road construction and CEQ Review Period Ending 10/16/ decommissioning, and analysis of
VerDate 11
cumulative impacts associated with Summary: EPA expressed concerns adequately analyze the projects maintaining DFPZs. regarding the potential loss of 380 to environmental impacts. ERP No. D–AFS–L65386–ID Rating 450 acres of prime and statewide ERP No. DA–NPS–K61137–AZ Rating EC2, Little Blacktail Ecosystem important farmland from the proposed LO, Organ Pipe Cactus National Restoration Project, To Improve the action, and over 2,500 acres of farmland Monument General Management Plan Health and Producity of Terrestrial and cumulatively, from the set of highway and Development Concept Plan, Aquatic Habitats, Idaho Panhandle improvements from the Calexico Port of Updated Information concerning Re- National Forests, Sandpoint Ranger Entry at the Mexican Border to Analysis of Cumulative Effects of the District, Bonner County, ID. Riverside County. Additionally, EPA Sonoran Pronghorn, Portion of the Summary: EPA expressed concerns found the air quality analyses to be Sonoran Desert, Pima County, AZ. that no rationale was provided about inconclusive. Summary: EPA commended the choice of a preferred alternative over a ERP No. D–FRC–B03012–00 Rating National Park Service for its thorough more environmentally beneficial EC2, Phase III/Hubline Project, evaluation of cumulative effects alternative. EPA also believes further Construction and Operation a Natural associated with activities that could rationale is needed on why two Gas Pipeline, Maritimes and Northeast potentially impact Sonoran pronghorn, alternatives were considered but Pipeline (Docket No. CPO1–4–000), and encouraged the National Park eliminated. Finally, the EIS needs to Algonquin Gas Transmission (Docket Service to continue to work with discuss how these project activities are No. CP01–5–000) and Texas Eastern federal, state, and local partners to consistent with the TMDL for the Transmission (Docket No. CP01–8–000), address the continuing incremental Cocolalla Creek. MA and CT. reduction in the ability of Sonoran ERP No. D–COE–J64008–SD Rating Summary: EPA requested additional pronghorn to maintain a viable EC2, Title VI Land Transfer South information concerning impacts to the population in United States. Dakota, Transfer of 91,178 Acres of marine environment, drinking water ERP No. DS–USA–K11099–CA Rating Land at Lake Oahe, Lake Sharp, Lake supplies and project mitigation. EC2, Oakland Army Base Disposal and Francise Case, and Lewis & Clark Lake, ERP No. D–FTA–K51041–CA Rating Reuse Plan, Implementation, New from the US Army Corps of Engineers EC2, BART-Oakland International Information concerning a Flexible (USACE) to the South Dakota Airport Connector, Extending south Alternative, City of Oakland, Alameda Department of Game, Fish and Parks from the Existing Coliseum BART County, CA. (SDGFP), SD. Station, about 3.2 miles, to the Airport Summary: EPA expressed Summary: EPA expressed concerns Terminal Area, Alameda County, CA. environmental concerns due to about the absence of an alternatives Summary: EPA expressed concerns pollution prevention issues and analysis and mitigation. EPA regarding the absence of a formal environmental justice related impacts/ recommends developing mitigation for jurisdictional wetland delineation and environmental justice related mitigation threatened and endangered species, the absence of an environmental review measures. water quality, cultural resources and of the candidate sites for the Quality historic properties, and Native Final EISs Bus maintenance and storage facility. American access to lands transferred to ERP No. F–AFS–J65286–MT, Hemlock EPA requested additional analysis and the state. Point Access Project, Construction of ERP No. D–DOD–A11076–00 Rating documentation on both of these issues. 860 feet of Low Standard Road Access EC2, Assembled Chemical Weapons ERP No. D–GSA–D81032–MD Rating for Plum Creek Lands, Approval, Swan Destruction Technologies at One or EC2, Suitland Federal Center, Valley, Swan Lake Ranger District, More Sites: Design, Construction and Construction and Operation of a 226- Flathead National Forest, Lake and Operation of One or More Pilot Test acre Federal Employment Center, Missoula Counties, MT. Facilities, Anniston Army Depot, AL; Programmatic Development Plan and Summary: EPA continues to express Pine Bluff Arsenal, AR; Blue Grass Phase I Implementation, Prince George’s environmental concerns with impacts Army Depot, KY and Pueblo Chemical County, MD. from the connected actions of road Depot, CO. Summary: EPA expressed concern construction and timber harvest Summary: EPA expressed concern relating to air quality impacts associated resulting from granting the access regarding transportation of wastes, with increased traffic and that the easement. EPA concerns are based on impacts on agriculture and accident phases of development may not conform potential adverse impacts from Plum planning. EPA requested additional with the air quality attainment plan. Creek road and harvest plans to water information on these issues. EPA encouraged consultation with the quality and fisheries in Windfall Creek ERP No. D–FHW–F40396–IL Rating Metropolitan Washington Air Quality and the threatened bull trout and grizzly EC2, U.S. 67 (FAP–310) Expressway Committee prior to the issuance of the bear. EPA recommended the ROD from Jacksonville to Macomb FEIS and that GSA make a committed address less damaging road construction Transportation Improvements, NPDES effort to mitigate ongoing traffic impacts and logging measures on Plum Creek and COE Section 10 and 404 Permits, by adopting alternatives that will lands from the proposed action. Morgan, Cass, Schuyler and McDonough alleviate traffic congestion during ERP No. F–AFS–J65327–CO, Baylor Counties, IL. standard peak hours. Park Blowdown Project, Salvage and Summary: EPA expressed concern ERP No. D–SFW–L91014–WA Rating Treat Down and Damaged Timber, To regarding purpose and need, alignment EC2, Icicle Creek Restoration Creek Reduce Impact of Spruce Beetles, alternatives, surface water quality Project, To Protect and Aid in the Implementation, White River National impacts, and groundwater quality Recovery of Threatened and Endangered Forest, Sopris and Rifle Ranger Districts, impacts. Fish, Leavenworth National Fish Garfield, Mesa, and Pitkin Counties, CO. ERP No. D–FHW–K40245–CA Rating Hatchery (LNFH), COE Section 404 and Summary: No formal comment letter EC2, CA–78/111 Brawley Bypass, NPDES Permits, Leavenworth, WA. was sent to the preparing agency. Construction of an Expressway from Summary: EPA’s expressed concerns ERP No. F–AFS–J65345–MT, Pink CA–86 to CA–11, City of Brawley, that the DEIS did not evaluate all Stone Fire Recovery and Associated Funding, Imperial County, CA. reasonable alternatives and did not Activities, Reduction of Existing and
VerDate 11
Expected Future Fuel Accumulations, Summary: EPA urged a focus on Exposure, and Technology Division Kootena National Forest, Rexford effective management and smaller (7406), Office of Pollution Prevention Ranger District, Lincoln County, MT. structural approaches such as Best and Toxics, 1200 Pennsylvania Avenue Summary: EPA expressed Management Practices, flood easements, NW, Washington, DC 20460; telephone environmental concerns about the setback levees and modified grazing number: (202) 260-6146; e-mail: effects of timber harvest on the fire practices. The District and Reclamation [email protected]. impacted streams. Additional harvest have stated that the current evaluation List of Subjects and fuel reduction action in the is programmatic and that identified preferred alternative will increase peak information gaps will be addressed at Environmental protection. flow impacts. EPA suggested evaluating the project level. We requested a Dated: September 21, 2001. an alternative that provides a more specific commitment in the Record of Mary Ellen Weber, optimal balance of the environmental Decision to full project level evaluation Director, Economics, Exposure and and resource trade-offs. and analysis of these information gaps. Technology Division. ERP No. F–SFW–K64020–CA, Metro ERP No. F–BOP–G81010–LA, Pollock [FR Doc. 01–24382 Filed 9–25–01; 3:27 pm] Federal Correctional Institution, Air Park Habitat Conservation Plan, BILLING CODE 6560–50–P Construction and Operation, near Town Issuance of an Incidental Take Permit, of Pollock, Grant Parish, LA. To Protect, Conserve and Enhance Fish, Summary: EPA has no objections to Wildlife and Plants and their Habitat, ENVIRONMENTAL PROTECTION the selection of the preferred alternative Natomas Basin, Sacramento County, CA. AGENCY as described in the Final EIS. Summary: EPA remains concerned ERP No. F–BOP–K80043–AZ, with cumulative impacts and general [FRL 7069–4] Southern Arizona Federal Correctional conformity with regional air quality Facility, Construction and Operation, plans. We recommended the ROD Science Advisory Board; Notification Pima and Yuma Counties, AZ. include a more complete cumulative of Public Advisory Committee Summary: No formal comment letter impact analysis and a general Meetings was sent to the preparing agency. conformity analysis, if applicable. Pursuant to the Federal Advisory ERP No. F–COE–K90029–CA, Delta ERP No. F–USA–K11092–AZ, Yuma Committee Act, Public Law 92–463, Wetlands Project, Construction and Proving Ground Multipurpose notice is hereby given that two Operation Water Storage Project on Four Installation, Diversification of Mission committees of the US EPA Science Islands in the Sacramento-San Joaquin and Changes to Land Use, NPDES Advisory Board (SAB) will meet on the Delta, Approval of Permits, San Joaquin General Permit and COE Section 404 dates and times noted below. All times and Contra Costa Counties, CA. Permit, Yuma and La Pas Counties, AZ. noted are Eastern Standard Time. All Summary: No formal comment letter Summary: No formal comment letter meetings are open to the public, was sent to the preparing agency. was sent to the preparing agency. however, seating is limited and ERP No. F–FHW–G40147–NM, Paseo Dated: September 24, 2001. available on a first come basis. del Volcon Corridor, Acquisition of Joseph C. Montgomery, Important Notice: Documents that are Right-of-Way and Construction of Director, NEPA Compliance Division, Office the subject of SAB reviews are normally Roadway, from the Intersection of I–40 of Federal Activities. available from the originating EPA office to Intersection of NM–44 near the Town [FR Doc. 01–24384 Filed 9–27–01; 8:45 am] and are not available from the SAB of Bernalillo, Bernalillo and Sandoval BILLING CODE 6560–50–P Office—information concerning Counties, NM. availability of documents from the Summary: EPA has no objection to the relevant Program Office is included selection of the preferred alternative as ENVIRONMENTAL PROTECTION below. described in the FEIS. Comments AGENCY offered on the DEIS have been fully 1. Research Strategies Advisory responded to. We have no additional [OPPTS–00325 FRL–6805–9] Committee (RSAC) October 16–17, 2001 comments to offer. Workshop on Characterizing and The Research Strategies Advisory ERP No. F–GSA–D80030–DC, Presenting Summary Chemical Committee (RSAC) of the US EPA Department of Transportation Exposure Assessment Results Science Advisory Board (SAB), will Headquarters, Proposal to Lease 1.3 to meet on Tuesday and Wednesday, 1.35 Million Rentable Square Feet of AGENCY: Environmental Protection October 16–17, 2001 at EPA Consolidated and Upgraded Space, Five Agency. headquarters in room 6013 of the Ariel Possible Sites, Located in the Central ACTION: Notice of Postponement of a Rios Building, 1200 Pennsylvania Employment Area, Washington, DC. Workshop. Avenue, NW, Washington, DC 20005. Summary: The Final EIS adequately The meeting will begin by 8:30 a.m. and addresses the comments raised in the SUMMARY: This notice is intended to adjourn no later than 5 p.m. Eastern Draft EIS. EPA requested that GSA, prior advise interested persons that the Standard time on both days. to the opening of the new DOT Workshop on Characterizing and The RSAC will conduct a review of Headquarters, coordinate with the Presenting Summary Chemical two of EPA’s Office of Research and Washington Metropolitan Area Exposure Assessment Information Development’s multiyear plans. The Transportation Authority (WMATA) on scheduled for September 25 and 26, Committee is expected to review the Green Line capacity assurance for the 2001 has been postponed. The Pollution Prevention and Water Quality additional DOT passengers. Workshop Notice appeared in the Multiyear Plans, however, the specific ERP No. F–IBR–K36132–CA, Colusa Federal Register on September 17, 2001, multi-year plans to be reviewed are Basin Drainage District, Developing an (66 FR 48056) (FRL–6800–1). A new subject to change. EPA uses several Integrated Resource Management date has not been set for the workshop. means to develop and coordinate it’s Program for the Control of Flooding, FOR FURTHER INFORMATION CONTACT: research activities and has recently Glenn, Colusa and Yolo Counties, CA. Fredric C. Arnold, Economics, developed Multiyear Plans for certain
VerDate 11
key research activities to describe the identify the name of the individual who original signature, and one electronic research ORD intends to accomplish to will make the presentation, the copy via e-mail (acceptable file format: meet the long-term goals and objectives organization (if any) they will represent, WordPerfect, Word, or Rich Text files as set forth in the Agency’s Strategic any requirements for audio visual (in IBM–PC/Windows 95/98 format). Plan. The Committee will also meet equipment (e.g., overhead projector, Those providing written comments and with Agency officials to discuss the 35mm projector, chalkboard, etc), and at who attend the meeting are also asked Agency’s FY 2002 budget and to begin least 35 copies of an outline of the to bring 25 copies of their comments for to plan for its review of the President’s issues to be addressed or the public distribution. FY 2003 S&T budget request for EPA . presentation itself. See below for more General Information—Additional Charge to the Committee—The charge information on providing written or oral information concerning the EPA Science questions for the review of the comments. Advisory Board, its structure, function, Multiyear Plans are: (1) Does the multi- and composition, may be found on the year plan convey the Office of Research 2. Environmental Engineering Committee—October 24–26, 2001 SAB Website (http://www.epa.gov/sab) and Development’s strategic research and in The FY2000 Annual Report of plans for the subject area in an The Surface Impoundments Study the Staff Director which is available understandable fashion and at an Subcommittee (SISS) of the from the SAB Publications Staff at (202) appropriate level of detail?; (2) Do the Environmental Engineering Committee 564–4533 or via fax at (202) 501–0256. long term goals and underlying science of the EPA Science Advisory Board will Committee rosters, draft Agendas and questions identified in the plan address meet on Wednesday through Friday, meeting calendars are also located on the most important areas of scientific October 24–26, 2001 at EPA our website. uncertainty in the subject area?; (3) Does headquarters in Room 6013 of the Ariel Meeting Access—Individuals the proposed scope of work proposed by Rios Building, 1200 Pennsylvania requiring special accommodation at the Office of Research and Development Avenue, NW., Washington, DC 20005. these meetings, including wheelchair complement research by others?; (4) The meeting will begin by 9 a.m. and access to the conference room, should Would accomplishing the annual adjourn no later than 5 p.m. Eastern contact the relevant DFO at least five performance goals allow the Office of Standard time on all days. This meeting business days prior to the meeting so Research and Development to both was originally scheduled for September that appropriate arrangements can be achieve the long term goals and answer 17–19, 2001 but was cancelled. For made. the science questions identified in the further details, see 66 FR 30917–30920, plan?; (5) Would accomplishing the June 8, 2001. Dated: September 21, 2001. Donald G. Barnes, annual performance measures clearly Providing Oral or Written Comments at Staff Director, EPA Science Advisory Board. demonstrate that the associated annual SAB Meetings performance goal was attained?; and (6) [FR Doc. 01–24380 Filed 9–27–01; 8:45 am] Does the plan clearly describe the It is the policy of the EPA Science BILLING CODE 6560–50–P outcomes that the Office of Research Advisory Board to accept written public and Development will achieve through comments of any length, and to the proposed research accommodate oral public comments ENVIRONMENTAL PROTECTION For Further Information—Members of whenever possible. The EPA Science AGENCY Advisory Board expects that public the public desiring additional [FRL–7069–5] information about the meeting should statements presented at its meetings will contact Dr. Jack Fowle, Designated not be repetitive of previously Public Water System Supervision Federal Officer, Research Strategies submitted oral or written statements. Program Revisions for the State of Advisory Committee (RSAC), USEPA Oral Comments: In general, each Indiana Science Advisory Board (1400A), Room individual or group requesting an oral 6450, 1200 Pennsylvania Avenue, NW, presentation at a face-to-face meeting AGENCY: Environmental Protection Washington, DC 20460; telephone/voice will be limited to a total time of ten Agency. mail at (202) 564–4547; fax at (202) 501– minutes. For teleconference meetings, ACTION: Notice. 0582; or via e-mail at opportunities for oral comment will [email protected]. For a copy of the usually be limited to no more than three SUMMARY: Public notice is hereby given draft meeting agenda, please contact Ms. minutes per speaker and no more than in accordance with the provisions of Wanda Fields, Management Assistant at fifteen minutes total. Deadlines for section 1413 of the Safe Drinking Water (202) 564–4539 or by FAX at (202) 501– getting on the public speaker list for a Act, as amended, 42 U.S.C. 300g-2, and 0582 or via e-mail at meeting are given above. Speakers subpart B of 40 CFR. part 142, the [email protected]. should bring at least 35 copies of their National Primary Drinking Water Materials that are the subject of this comments and presentation slides for Regulations (NPDWR), that the State of review are available from Mr. Paul R. distribution to the reviewers and public Indiana is revising its approved Public Zielinski, Chief, Planning Staff, Office of at the meeting. Written Comments: Water System Supervision (PWSS) Science Policy of the Office of Research Although the SAB accepts written primacy program. On December 8, 1999, and Development (202) 564–6772 or by comments until the date of the meeting the Indiana Department of e-mail at [email protected]. (unless otherwise stated), written Environmental Management (IDEM) Providing Oral or Written comments should be received in the adopted the NPDWR. On August 19, Comments—Members of the public who SAB Staff Office at least one week prior 1998, the U.S. Environmental Protection wish to make a brief oral presentation to to the meeting date so that the Agency (U.S. EPA) promulgated a final the Committee must contact Dr. Fowle comments may be made available to the rule in 63 FR 44511–44536 requiring in writing (by letter or by fax—see committee for their consideration. community water systems to prepare previously stated information) no later Comments should be supplied to the and provide customers annual than 12 noon Eastern Time, Thursday, appropriate DFO at the address/contact Consumer Confidence Reports (CCRs). October 11, 2001 in order to be included information noted above in the The U.S. EPA has reviewed Indiana’s on the Agenda. The request should following formats: one hard copy with application to revise its PWSS primacy
VerDate 11
program in order to adopt the federal Administrator will issue an order number. No person shall be subject to CCR rule. affirming or rescinding his any penalty for failing to comply with On April 28, 1998, U.S. EPA also determination upon review of the a collection of information subject to the promulgated a final rule to revise the hearing record. Should the Paperwork Reduction Act (PRA) that definition of ‘‘Public Water System’’ determination be affirmed, it will does not display a valid control number. found at 42 U.S.C. 300f(4)(A), 63 FR become effective as of the date of the Comments are requested concerning (a) 23361–23368. The U.S. EPA has order. whether the proposed collection of completed its review of Indiana’s Should no timely and appropriate information is necessary for the proper application to revise its PWSS primacy request for a hearing be received, and performance of the functions of the program to conform with the revised should the Regional Administrator not Commission, including whether the definition of ‘‘Public Water System.’’ elect to hold a hearing on his own information shall have practical utility; The U.S. EPA has determined that the motion, these determinations shall (b) the accuracy of the Commission’s Indiana rules meet the requirements of become effective on October 29, 2001. burden estimate; (c) ways to enhance the federal rules. Therefore, the U.S. Please bring this notice to the attention the quality, utility, and clarity of the EPA has determined that these State of any persons known by you to have an information collected; and (d) ways to program revisions are no less stringent interest in these determinations. minimize the burden of the collection of than the corresponding federal All documents related to these information on the respondents, regulations, and is proposing to approve determinations are available for including the use of automated IDEM’s rule revisions. inspection between the hours of 8:30 collection techniques or other forms of This proposed approval includes the a.m. and 4:30 p.m., Monday through information technology. entire adopted Indiana Consumer Friday, at the following offices: DATES: Written comments should be Confidence Report Rule and the Public Indiana Department of Environmental submitted on or before November 27, Water System Definition. Management, Office of Water Quality, 2001. If you anticipate that you will be All interested parties are invited to Drinking Water Branch, 100 N. Senate submitting comments, but find it submit written comments on these Avenue, P.O. Box 6015, Indianapolis, difficult to do so within the period of proposed determinations, and may Indiana 46206–6015 time allowed by this notice, you should request a public hearing on or before U.S. Environmental Protection Agency, advise the contact listed below as soon October 29, 2001. If a public hearing is Region 5, Ground Water and Drinking as possible. requested and granted, the Water Branch (WG–15J), 77 West ADDRESSES: Direct all comments to Les corresponding determinations shall not Jackson Boulevard, Chicago, Illinois Smith, Federal Communications became effective until such time 60604–3590 Commissions, 445 12th Street, SW., following the hearing, at which the FOR FURTHER INFORMATION CONTACT: Room 1—A804, Washington, DC 20554 Regional Administrator issues an order or via the Internet to [email protected]. affirming or rescinding this action. David Horak, Region 5, Ground Water Requests for public hearing should be and Drinking Water Branch, at the FOR FURTHER INFORMATION CONTACT: For addressed to: David Horak (WG–15J), Chicago address given above, telephone additional information or copies of the U.S. Environmental Protection Agency, (312) 353–4306. information collections contact Les Region 5, 77 West Jackson Boulevard, (Section 1413 of the Safe Drinking Smith at (202) 418–0217 or via the Chicago, Illinois 60604–3590. Water Act, as amended (1996) , and 40 Internet at [email protected]. Any request for a public hearing shall CFR 142.10 of the National Primary SUPPLEMENTARY INFORMATION OMB include the following: (1) The name, Drinking Water Regulations) Control Number: 3060–0920. address, and telephone number of the Dated: August 28, 2001. Title: Application for Construction Permit for a Low Power FM Broadcast individual, organization, or other entity Norman Niedergang, requesting a hearing; (2) a brief Station. Acting Regional Administrator, Region 5. Form Number: FCC 318. statement of the requesting person’s [FR Doc. 01–24375 Filed 9–27–01; 8:45 am] interest in the Regional Administrator’s Type of Review: Extension of BILLING CODE 6560–50–P determinations and of information that currently approved collection. Respondents: Not-for-profit the requesting person intends to submit institutions; state, local or tribal at such hearing; and (3) the signature of FEDERAL COMMUNICATIONS government. the individual making the request, or, if COMMISSION Number of Respondents: 2,500. the request is made on behalf of an Estimated time per response: 1 hour organization or other entity, the Notice of Public Information 30 minutes for new or major change signature of a responsible official of the Collection(s) Being Reviewed by the applications; 45 minutes for minor organization or other entity. Federal Communications Commission, change applications. Notice of any hearing shall be given Comments Requested Frequency of Response: Reporting, on not less than fifteen (15) days prior to occasion. the time scheduled for the hearing. Such September 21, 2001. Total annual burden: 6,315. notice will be made by the Regional SUMMARY: The Federal Communications Total annual costs: $0. Administrator in the Federal Register Commission, as part of its continuing Needs and Uses: FCC Form 318 is and in newspapers of general effort to reduce paperwork burden required to apply for a construction circulation in the State of Indiana. A invites the general public and other permit for a new LPFM station or to notice will be sent to the person(s) Federal agencies to take this make changes in the existing facilities of requesting the hearing as well as to the opportunity to comment on the such a station. The data is used by FCC State of Indiana. The hearing notice will following information collection, as staff to determine whether an applicant include a statement of purpose, required by the Paperwork Reduction meets basic statutory and regulatory information regarding the time and Act of 1995, Public Law 104–13. An requirements to become a Commission location, and the address and telephone agency may not conduct or sponsor a licensee and to ensure that the public number where interested persons may collection of information unless it interest would be served by grant of the obtain further information. The Regional displays a currently valid control application.
VerDate 11
Federal Communications Commission. provide at your discretion equipment and FOR FURTHER INFORMATION CONTACT: Magalie Roman Salas, resources necessary to alleviate the impacts Madge Dale, Readiness, Response and Secretary. of the emergency and such other forms of Recovery Directorate, Federal assistance under Title V of the Stafford Act, [FR Doc. 01–24281 Filed 9–27–01; 8:45 am] as you may deem appropriate. Specifically, Emergency Management Agency, BILLING CODE 6712–01–P you are authorized to provide emergency Washington, DC 20472, (202) 646–2705. protective measures (Category B) at 100 SUPPLEMENTARY INFORMATION: Notice is percent Federal funding. This assistance hereby given that, in a letter dated FEDERAL EMERGENCY excludes regular time costs for subgrantees’ September 18, 2001, the President MANAGEMENT AGENCY regular employees. In order to provide Federal assistance, you amended the cost-sharing arrangements [FEMA–3169–EM] are hereby authorized to allocate from funds concerning Federal funds provided available for these purposes, such amounts as under the authority of the Robert T. New Jersey; Emergency and Related you find necessary for Federal disaster Stafford Disaster Relief and Emergency Determinations assistance and administrative expenses. Assistance Act (42 U.S.C. 51521 et seq.), Further, you are authorized to make AGENCY: Federal Emergency changes to this declaration to the extent in a letter to Joe M. Allbaugh, Director Management Agency (FEMA). allowable under the Stafford Act. of the Federal Emergency Management Agency, as follows: ACTION: Notice. Notice is hereby given that pursuant I have determined that the damage in SUMMARY: This is a notice of the to the authority vested in the Director of Presidential declaration of an the Federal Emergency Management certain areas of the State of New York, emergency for the State of New Jersey Agency under Executive Order 12148, I resulting from fires and explosions on (FEMA–3169-EM), dated September 19, hereby appoint Peter Martinasco of the September 11, 2001, is of sufficient severity and magnitude that the provision of 2001, and related determinations. Federal Emergency Management Agency to act as the Federal Coordinating additional Federal assistance to ensure EFFECTIVE DATE: September 19, 2001. Officer for this declared emergency. public health and safety is warranted under FOR FURTHER INFORMATION CONTACT: I do hereby determine the following the Robert T. Stafford Disaster Relief and Madge Dale, Readiness, Response and areas of the State of New Jersey to have Emergency Assistance Act, 42 U.S.C. Recovery Directorate, Federal been affected adversely by this declared §§ 5121–5204c (the Stafford Act). Emergency Management Agency, emergency: Therefore, I amend my major disaster Washington, DC 20472, (202) 646–2705. declaration of September 11, 2001, to provide Emergency protective measures (Category SUPPLEMENTARY INFORMATION: Notice is that the Federal Emergency Management B) under the Public Assistance program at hereby given that, in a letter dated 100 percent Federal funding for all 21 Agency (FEMA) may reimburse 100 percent September 19, 2001, the President counties in the State of New Jersey. of total eligible costs for all Categories under declared an emergency under the Public Assistance. This adjustment of the authority of the Robert T. Stafford (The following Catalog of Federal Domestic cost share may be provided to all counties Disaster Relief and Emergency Assistance Numbers (CFDA) are to be used under the major disaster declaration. Assistance Act, 42 U.S.C. 5121–5204c for reporting and drawing funds: 83.537, Furthermore, because of the unique nature (the Stafford Act), as follows: Community Disaster Loans; 83.538, Cora and magnitude of this event, the federal Brown Fund Program; 83.539, Crisis contribution for the Hazard Mitigation Grant Pursuant to the request of the Acting Counseling; 83.540, Disaster Legal Services Program is authorized for up to five percent Governor of the State of New Jersey, I hereby Program; 83.541, Disaster Unemployment of the estimated aggregate amount of grants declare that an emergency within the Assistance (DUA); 83.542, Fire Suppression meaning of Section 501 (a) of the Robert T. Assistance; 83.543, Individual and Family (less any associated administrative costs). I Stafford Disaster Relief and Emergency Grant (IFG) Program; 83.544, Public believe that this amount will sufficiently Assistance Act, 42 U.S.C. 5121–5204c (the Assistance Grants; 83.545, Disaster Housing address the mitigation needs of the State of Stafford Act), exists in the State of New Program; 83.548, Hazard Mitigation Grant New York. Jersey. Program.) Please notify the Governor of New York I so declare based on the Acting Governor’s Joe M. Allbaugh, and the Federal Coordinating Officer of this finding that the conditions in New Jersey amendment to my major disaster declaration. resulting from fires and explosions in the Director. State of New York on September 11, 2001, [FR Doc. 01–24351 Filed 9–27–01; 8:45 am] (The following Catalog of Federal Domestic are of such severity and magnitude that BILLING CODE 6718–02–P Assistance Numbers (CFDA) are to be used effective response requires Federal for reporting and drawing funds: 83.537, assistance. These events in New York have Community Disaster Loans; 83.538, Cora had a direct and significant impact on New FEDERAL EMERGENCY Brown Fund Program; 83.539, Crisis Jersey, which has provided response services MANAGEMENT AGENCY Counseling; 83.540, Disaster Legal Services and emergency measures at an extraordinary Program; 83.541, Disaster Unemployment level due to its immediate proximity to the [FEMA–1391–DR] Assistance (DUA); 83.542, Fire Suppression disaster site in New York, as well as its joint Assistance; 83.543, Individual and Family New York; Amendment No. 1 to Notice responsibility, through the Port Authority of Grant (IFG) Program; 83.544, Public New York and New Jersey, for facilities such of a Major Disaster Declaration Assistance Grants; 83.545, Disaster Housing as bridges to New York City. You are authorized to coordinate all AGENCY: Federal Emergency Program; 83.548, Hazard Mitigation Grant disaster relief efforts that have the purpose of Management Agency (FEMA). Program.) alleviating the hardship and suffering of the ACTION: Notice. local population caused by the emergency Joe M. Allbaugh, and to provide appropriate assistance for SUMMARY: This notice amends the notice Director. required emergency measures, as authorized of a major disaster for the State of New [FR Doc. 01–24350 Filed 9–27–01; 8:45 am] under Title V of the Stafford Act to save York (FEMA–1391–DR), dated BILLING CODE 6718–02–P lives, protect property and public health and September 11, 2001, and related safety, or to lessen or avert the threat of a determinations. catastrophe in the designated areas. You are further authorized to identify, mobilize, and EFFECTIVE DATE: September 18, 2001.
VerDate 11
FEDERAL RESERVE SYSTEM holding company. The factors that are standards in section 4 of the BHC Act considered in acting on the notices are (12 U.S.C. 1843). Unless otherwise Change in Bank Control Notices; set forth in paragraph 7 of the Act (12 noted, nonbanking activities will be Acquisition of Shares of Bank or Bank U.S.C. 1817(j)(7)). conducted throughout the United States. Holding Companies The notices are available for Additional information on all bank immediate inspection at the Federal holding companies may be obtained The notificants listed below have Reserve Bank indicated. The notices from the National Information Center applied under the Change in Bank also will be available for inspection at website at www.ffiec.gov/nic/. Control Act (12 U.S.C. 1817(j)) and the office of the Board of Governors. § 225.41 of the Board’s Regulation Y (12 Unless otherwise noted, comments Interested persons may express their regarding each of these applications CFR 225.41) to acquire a bank or bank views in writing to the Reserve Bank holding company. The factors that are must be received at the Reserve Bank indicated for that notice or to the offices indicated or the offices of the Board of considered in acting on the notices are of the Board of Governors. Comments set forth in paragraph 7 of the Act (12 Governors not later than October 22, must be received not later than October 2001. U.S.C. 1817(j)(7)). 15, 2001. The notices are available for A. Federal Reserve Bank of Boston A. Federal Reserve Bank of (Richard Walker, Community Affairs immediate inspection at the Federal Minneapolis (JoAnne F. Lewellen, Reserve Bank indicated. The notices Officer) 600 Atlantic Avenue, Boston, Assistant Vice President) 90 Hennepin Massachusetts 02106-2204: also will be available for inspection at Avenue, Minneapolis, Minnesota the office of the Board of Governors. 1. Berkshire Financial Services, Inc., 55480–0291: Lee, Massachusetts; to acquire up to 100 Interested persons may express their 1. WCB Bancshares, Inc. 401(k) Plan percent of the voting shares of Freedom views in writing to the Reserve Bank and Trust (trustee is John A. Malmberg), National Bank (in organization), indicated for that notice or to the offices Lake Elmo, Minnesota; to acquire voting Greenville, Rhode Island. of the Board of Governors. Comments shares of WCB Bancshares, Inc., B. Federal Reserve Bank of Cleveland must be received not later than October Oakdale, Minnesota, and thereby (Paul Kaboth, Banking Supervision) 12, 2001. indirectly acquire voting shares of 1455 East Sixth Street, Cleveland, Ohio A. Federal Reserve Bank of St. Louis Washington County Bank, National 44101–2566: (Randall C. Sumner, Vice President) 411 Association, Oakdale, Minnesota. Locust Street, St. Louis, Missouri 1. PHSB Financial Corporation, Board of Governors of the Federal Reserve Beaver Falls, Pennsylvania; to become a 63166–2034: System, September 25, 2001. 1. Stephen Chandlee Davis, Little bank holding company by acquiring 100 Robert deV. Frierson, Rock, Arkansas; to retain voting shares percent of the voting shares of Peoples of Riverside Bancshares, Inc., Little Deputy Secretary of the Board. Home Savings Bank, Beaver Falls, Rock, Arkansas, and thereby indirectly [FR Doc. 01–24421 Filed 9–27–01; 8:45 am] Pennsylvania. retain voting shares of Riverside Bank, BILLING CODE 6210–01–S C. Federal Reserve Bank of Kansas Little Rock, Arkansas. City (Susan Zubradt, Assistant Vice B. Federal Reserve Bank of President) 925 Grand Avenue, Kansas FEDERAL RESERVE SYSTEM Minneapolis (JoAnne F. Lewellen, City, Missouri 64198–0001: Assistant Vice President) 90 Hennepin Formations of, Acquisitions by, and 1. Southern Colorado National Avenue, Minneapolis, Minnesota Mergers of Bank Holding Companies Bancorp, Inc., Pueblo, Colorado; to 55480–0291: become a bank holding company by 1. Wayne Edsall Trust No. 2 (trustee The companies listed in this notice acquiring 100 percent of the voting Wayne Edsall), Bozeman, Montana; to have applied to the Board for approval, shares of Southern Colorado National acquire additional voting shares of Inter- pursuant to the Bank Holding Company Bank, Pueblo, Colorado. Mountain Bancorp, Inc., Bozeman, Act of 1956 (12 U.S.C. 1841 et seq.) Board of Governors of the Federal Reserve Montana, and thereby indirectly acquire (BHC Act), Regulation Y (12 CFR Part System, September 24, 2001. additional voting shares of First State 225), and all other applicable statutes Robert deV. Frierson, and regulations to become a bank Bank of Fort Benton, Fort Benton, Deputy Secretary of the Board. Montana, and First Security Bank, holding company and/or to acquire the [FR Doc. 01–24277 Filed 9–27–01; 8:45 am] Bozeman, Montana. assets or the ownership of, control of, or BILLING CODE 6210–01–S Board of Governors of the Federal Reserve the power to vote shares of a bank or System, September 24, 2001. bank holding company and all of the banks and nonbanking companies Robert deV. Frierson, FEDERAL RESERVE SYSTEM owned by the bank holding company, Deputy Secretary of the Board. including the companies listed below. [FR Doc. 01–24276 Filed 9–27–01; 8:45 am] Formations of, Acquisitions by, and The applications listed below, as well Mergers of Bank Holding Companies BILLING CODE 6210–01–S as other related filings required by the Board, are available for immediate The companies listed in this notice inspection at the Federal Reserve Bank have applied to the Board for approval, FEDERAL RESERVE SYSTEM indicated. The application also will be pursuant to the Bank Holding Company Change in Bank Control Notices; available for inspection at the offices of Act of 1956 (12 U.S.C. 1841 et seq.) Acquisition of Shares of Bank or Bank the Board of Governors. Interested (BHC Act), Regulation Y (12 CFR part Holding Companies persons may express their views in 225), and all other applicable statutes writing on the standards enumerated in and regulations to become a bank The notificants listed below have the BHC Act (12 U.S.C. 1842(c)). If the holding company and/or to acquire the applied under the Change in Bank proposal also involves the acquisition of assets or the ownership of, control of, or Control Act (12 U.S.C. 1817(j)) and a nonbanking company, the review also the power to vote shares of a bank or § 225.41 of the Board’s Regulation Y (12 includes whether the acquisition of the bank holding company and all of the CFR 225.41) to acquire a bank or bank nonbanking company complies with the banks and nonbanking companies
VerDate 11
owned by the bank holding company, public can join the meeting by Audio DEPARTMENT OF HEALTH AND including the companies listed below. Conference Call by calling (888) 396– HUMAN SERVICES The applications listed below, as well 9928 and providing the following as other related filings required by the information: Centers for Medicare and Medicaid Board, are available for immediate Services Leaders Name: Sagar. inspection at the Federal Reserve Bank [Document Identifier: CMS–102, 105] indicated. The application also will be Password: NVAC. available for inspection at the offices of Purpose: This committee advises and Agency Information Collection the Board of Governors. Interested makes recommendations to the Director Activities: Submission for OMB persons may express their views in of the National Vaccine Program on Review; Comment Request writing on the standards enumerated in matters related to the Program AGENCY: Centers for Medicare and the BHC Act (12 U.S.C. 1842(c)). If the responsibilities. proposal also involves the acquisition of Medicaid Services, HHS.In compliance a nonbanking company, the review also Matters To Be Discussed: Agenda with the requirement of section includes whether the acquisition of the items will include, but not be limited to: 3506(c)(2)(A) of the Paperwork nonbanking company complies with the A report from the National Vaccine Reduction Act of 1995, the Centers for standards in section 4 of the BHC Act Program Office (NVPO) and the Medicare and Medicaid Services (CMS) (12 U.S.C. 1843). Unless otherwise Interagency Vaccine Workgroup; (formerly known as the Health Care noted, nonbanking activities will be Institute of Medicine (IOM) Report on Financing Administration (HCFA), conducted throughout the United States. Thimerasol in Vaccines; a report on the Department of Health and Human Additional information on all bank Workgroup on Public Health Options for Services, is publishing the following holding companies may be obtained Implementing Vaccine summary of proposed collections for from the National Information Center Recommendations Regional Meetings; public comment. Interested persons are invited to send comments regarding this website at www.ffiec.gov/nic/. an update on Vaccine Supply and a Unless otherwise noted, comments burden estimate or any other aspect of Report from the NVAC Vaccine Supply this collection of information, including regarding each of these applications Workgroup; and a discussion of future must be received at the Reserve Bank any of the following subjects: (1) The priorities of the IOM Vaccine Safety necessity and utility of the proposed indicated or the offices of the Board of Committee. Governors not later than October 25, information collection for the proper 2001. Agenda items are subject to change as performance of the agency’s functions; A. Federal Reserve Bank of St. Louis priorities dictate. (2) the accuracy of the estimated (Randall C. Sumner, Vice President) 411 Pubic comments will be permitted at burden; (3) ways to enhance the quality, utility, and clarity of the information to Locust Street, St. Louis, Missouri the end of the NVAC meeting on be collected; and (4) the use of 63166–2034: October 2, 2001. 1. Clover Leaf Financial Corp., automated collection techniques or An unavoidable administrative delay Edwardsville, Illinois; to become a bank other forms of information technology to holding company by acquiring 100 prevented meeting the 15-day minimize the information collection percent of the voting shares of Clover publication requirement. burden. Type of Information Collection Leaf Bank, S.B., Edwardsville, Illinois. CONTACT PERSON FOR MORE INFORMATION: Request: Extension of a currently Board of Governors of the Federal Reserve Gloria Sagar, Committee Management approved collection; Title of System, September 25, 2001. Specialist, NVPO, CDC, 4770 Buford Information Collection: CLIA Budget Robert deV. Frierson, Highway, M/S K–77, Atlanta, Georgia Workload Reports and Supporting Deputy Secretary of the Board. 30333, telephone (770)488–2040. Regulations in 42 CFR 493.1–.2001; [FR Doc. 01–24420 Filed 9–27–01; 8:45 am] The Director, Management Analysis Form No.: HCFA–102/105 (OMB# 0938– BILLING CODE 6210–01–S and Services office has been delegated 0599); Use: This information will be the authority to sign Federal Register used by HCFA to determine the amount notices pertaining to announcements of of Federal reimbursement for DEPARTMENT OF HEALTH AND meetings and other committee compliance surveys. In addition, the HUMAN SERVICES management activities for both the HCFA 102/105 is used for program Centers for Disease Control and evaluation, budget formulation and Centers for Disease Control and Prevention and the Agency for Toxic budget approval.; Frequency: Quarterly Prevention Substances and Disease Registry. and Annually; Affected Public: State, local or tribal government; Number of National Vaccine Advisory Committee Dated: September 24, 2001. Respondents: 50; Total Annual Meeting John Burckhardt, Responses: 50; Total Annual Hours: In accordance with section 10(a)(2) of Acting Director, Management Analysis and 4,500. the Federal Advisory Committee Act Services Office, Centers for Disease Control To obtain copies of the supporting (Pub. L. 92–463), the Centers for Disease and Prevention. statement and any related forms for the Control and Prevention (CDC) [FR Doc. 01–24303 Filed 9–27–01; 8:45 am] proposed paperwork collections announces the following Federal BILLING CODE 4163–18–P referenced above, access CMS’’ Web Site Advisory Committee meeting. address at http://www.hcfa.gov/regs/ Name: National Vaccine Advisory prdact95.htm, or E-mail your request, Committee (NVAC). including your address, phone number, Times and Date: 10 a.m.–1 p.m., OMB number, and CMS document October 2, 2001. identifier, to [email protected], or Place: Audio Conference Call. call the Reports Clearance Office on Status: This meeting is open to the (410) 786–1326. Written comments and public, telephone lines are limited. The recommendations for the proposed
VerDate 11
information collections must be mailed the minimum requirements that a CAH II. Deeming Application Approval within 30 days of this notice directly to must meet to participate in Medicare are Process the OMB desk officer: OMB Human set forth in regulations at 42 CFR part Section 1865(b)(3)(A) of the Act Resources and Housing Branch, 485, subpart F (Conditions of provides a statutory timetable to ensure Attention: Brenda Aguilar, New Participation: Critical Access Hospitals that our review of deeming applications Executive Office Building, Room 10235, (CAHs)) which determine the basis and is conducted in a timely manner. Washington, DC 20503. scope of CAH covered services. Regulations provide us with 210 Dated: September 11, 2001. Conditions for Medicare payment for calendar days to complete our survey critical access services are in § 413.70. John P. Burke, III, activities and application review Applicable regulations concerning process. Within sixty days of receiving CMS Reports Clearance Officer, CMS Office provider agreements are at part 489 of Information Services, Security and a completed application, we must Standards Group, Division of CMS Enterprise (Provider Agreements and Supplier publish a notice in the Federal Register Standards. Approval) and those pertaining to that identifies the national accreditation facility survey and certification are at [FR Doc. 01–24285 Filed 9–27–01; 8:45 am] body making the request, describes the part 488, subparts A and B. BILLING CODE 4120–03–P nature of the request, and provides no Verifying Medicare Conditions of less than a 30-day public comment Participation period. DEPARTMENT OF HEALTH AND In general, we approve a CAH for III. Proposed Notice HUMAN SERVICES participation in, or coverage under the On April 16, 2001, we published a Centers for Medicare & Medicaid Medicare program, if it is participating proposed notice in the Federal Register Services as a hospital at the time it applies for at 66 FR 19509 announcing the AOA’s CAH designation, and is in compliance request for approval as a deeming [CMS–2099–FN] with parts 482 (Conditions of organization for CAHs. In the notice, we RIN 0938–ZA13 Participation for Hospitals), and 485, detailed our evaluation criteria. Under subpart F (Conditions of Participation: section 1865(b)(2) of the Act and 42 CFR Medicare Program; Approval of Critical Access Hospitals (CAHs)). 488.4, we conducted a review of the Deeming Authority for Critical Access Section 403 of the Balanced Budget AOA application in accordance with the Hospitals by the American Osteopathic Refinement Act of 1999 expanded these criteria specified by our regulation, Association (AOA) criteria to allow a limited number of which includes, but is not limited to the additional facilities to become eligible following: AGENCY: Centers for Medicare & for CAH designation under certain • An onsite administrative review of Medicaid Services (CMS), HHS. circumstances. Specifically, a rural AOA’s (1) corporate policies; (2) ACTION: Final notice. health clinic previously downsized from financial and human resources available an acute care hospital, or a closed to accomplish the proposed surveys; (3) SUMMARY: This final notice announces hospital that requests to reopen as a procedures for training, monitoring, and our decision to approve the American CAH, need only meet the provisions of evaluation of its surveyors, (4) ability to Osteopathic Association’s (AOA) initial part 485, subpart F at the time they investigate and respond appropriately to application as a national accrediting apply for CAH designation to be eligible complaints against accredited facilities; organization for critical access hospitals to participate in Medicare. and (5) survey review and decision- (CAHs) seeking to participate in the For a hospital to enter into a provider making process for accreditation. Medicare program. Following our agreement, a State survey agency must • A comparison of AOA’s CAH evaluation of the organizational and certify that the hospital is in compliance accreditation standards to our current programmatic capabilities of the AOA, with the conditions or standards set Medicare conditions of participation we determined that AOA standards for forth in the statute and part 482 of our standards. CAHs meet or exceed the Medicare regulations. Then, the hospital is subject • A documentation review of AOA’s conditions of participation. Therefore, to ongoing review by a State survey processes to: CAHs accredited by the AOA will be agency to determine whether it • Determine the composition of the granted deemed status under the continues meeting Medicare survey team, surveyor qualifications, Medicare program. requirements. There is, however, an and the ability of AOA to provide EFFECTIVE DATE: This final notice is alternative to State compliance surveys. continuing surveyor training. effective December 27, 2001, through Certification by a nationally-recognized • Compare AOA’s processes to that of December 27, 2007. accreditation program can substitute for State agencies, including survey FOR FURTHER INFORMATION CONTACT: ongoing State review. frequency, and the ability to investigate Irene H. Dustin (410) 786–0495. Section 1865(b)(1) of the Act provides and respond appropriately to that, if a provider is accredited by a SUPPLEMENTARY INFORMATION: complaints against accredited facilities. national accreditation body under • Evaluate AOA’s procedures for I. Background standards that meet or exceed the monitoring providers or suppliers found Medicare conditions of participation, Statutory Provisions and Regulations out of compliance with AOA program the Secretary can ‘‘deem’’ the provider requirements. Under the Medicare program, eligible as meeting the Medicare requirements • Assess AOA’s ability to report beneficiaries may receive covered for those conditions. Accreditation is deficiencies to the surveyed facilities services in a critical access hospital voluntary and not required for and respond to the facility’s plan of (CAH), provided that the CAH meets participation in Medicare; providers correction in a timely manner. certain requirements. Sections have the option to undergo State • Establish AOA’s ability to provide 1820(c)(2)(B) and 1861(mm) of the surveys or pursue accreditation. Prior to us with electronic data in ASCII- Social Security Act (the Act) establish this application for deeming status by comparable code and reports necessary distinct criteria for facilities seeking the AOA, there has been no national for effective validation and assessment CAH designation. Under this authority, accreditation organization for CAHs. of AOA’s survey process.
VerDate 11
• Determine the adequacy of staff and services provided by the CAH, V. Collection of Information other resources. consistent with § 485.618(d). Requirements • • Review AOA’s ability to provide AOA added language to their This final notice does not impose any adequate funding for performing standards to clarify that a CAH must information collection and required surveys. document in its records any • recordkeeping requirements subject to Confirm AOA’s policies on whether extraordinary circumstances that would the Paperwork Reduction Act (PRA). surveys are announced or unannounced. excuse the CAH from compliance with Consequently, it does not need to be • Obtain AOA’s agreement to provide the requirement for biweekly physician reviewed by the Office of Management us with a copy of the most current assessments, as required by and Budget (OMB) under the authority accreditation survey together with any § 485.631(b)(2). of the PRA. The requirements associated other information related to the survey • AOA corrected their standard to with granting and withdrawal of as we may require, including corrective read ‘‘services provided by the critical deeming authority to national action plans. access hospital’’ rather than ‘‘services accreditation organizations, in part 488, In accordance with section provided by the pharmacy,’’ in order to ‘‘Survey, Certification, and Enforcement 1865(b)(3)(A) of the Act, the proposed meet the requirement in Procedures,’’ are currently approved by notice also solicited public comments § 485.635(a)(3)(iii). OMB under OMB approval number • regarding whether AOA’s requirements AOA added language to their 0938–0690, with an expiration date of met or exceeded the Medicare standards to address the CAH’s periodic June 30, 2002. conditions of participation for CAHs. review of the overall utilization of its We received no public comments in services, including at least the number VI. Regulatory Impact Statement response to our proposed notice. of patients served and the volume of We have examined the impact of this IV. Provisions of the Final Notice services, as specified in notice as required by Executive Order § 485.641(a)(1)(i). 12866 and the Regulatory Flexibility Act A. Differences Between AOA and • AOA addressed our regulations at (RFA) (Pub. L. 98–354). Executive Order Medicare’s Conditions and Survey § 485.650 for number of beds and length 12866 directs agencies to assess all costs Requirements of stay in their Accreditation and benefits of available regulatory We compared the standards contained Requirements Manual. For clarification, alternatives and, when regulation is in the AOA’s published ‘‘2000–2001 AOA cross-referenced this regulation in necessary, to select regulatory Standards Manual of Accreditation their crosswalk. approaches that maximize net benefits Requirements for Critical Access • AOA standards previously (including potential economic, Facilities’’ and its survey process in the indicated resurvey of a CAH every 3 environmental, public health and safety ‘‘2000–2001 Healthcare Facilities years. AOA modified their standards to effects; distributive impacts; and Accreditation Survey Team Handbook’’ indicate in the resurvey requirements equity). The RFA requires agencies to with the Medicare CAH conditions of that a follow-up visit one year after the analyze options for regulatory relief for participation and CMS’s ‘‘State and initial accreditation survey is required. small businesses. For purposes of the Regional Operations Manual.’’ Our After the one-year-follow-up, CAHs will RFA, States and individuals are not review and evaluation of the AOA’s be re-surveyed every three years. considered small entities. deeming application, which were • AOA modified its manual to require Also, section 1102(b) of the Act conducted as described in section III of that CAHs meet the requirements of requires the Secretary to prepare a this notice, yielded the following: Chapter 12 (New Health Care regulatory impact analysis for any • The AOA provided an updated Occupancy), or Chapter 13 (Existing notice that may have a significant crosswalk (a table showing the match Health Care Occupancy) of the 1985 impact on the operations of a substantial between their standards and our edition of the Life Safety Code (LSC) of number of small rural hospitals. Such standards) of the following the National Fire Prevention an analysis must conform to the recommended revisions or clarifications Association (NFPA) in accordance with provisions of section 604 of the RFA. to their requirements to ensure that the § 485.623(d). AOA added to their For purposes of section 1102(b) of the requirements meet or exceed CMS application a crosswalk between AOA’s Act, we consider a small rural hospital requirements. LSC standards and ours found at as a hospital that is located outside of • AOA adjusted language to § 485.623(d). Further, AOA added a Metropolitan Statistical Area and has consistently refer to Critical Access language specifying that facilities must fewer than 100 beds. Hospitals as opposed to Critical Access be inspected by AOA and that self- This final notice recognizes the AOA Facilities. assessment by the CAH does not meet as a national accreditation organization • AOA modified their standards to or exceed our requirements. AOA may for CAHs that request participation in require that a doctor of medicine or use their own staff or may provide this the Medicare program. There are neither osteopathy provide medical supervision service under arrangement with significant costs nor savings for the of the health care staff in addition to qualified entities. program and administrative budgets of providing for the health care staff in Medicare. Therefore, this notice is not a B. Term of Approval order to meet requirements at major rule as defined in Title 5, United § 485.631(b)(1)(i). Based on the review and observations States Code, section 804(2) and is not an • AOA added a cross-reference in described in section III of this final economically significant rule under their crosswalk to the AOA notice, we have determined that the Executive Order 12866. We have Accreditation Requirements Manual to AOA’s requirements for CAHs meet or determined, and the Secretary certifies, indicate the location of CMS regulation exceed our requirements. Therefore, we that this notice will not result in a at § 485.610 regarding status and recognize the AOA as a national significant impact on a substantial location. accreditation organization for CAHs that number of small entities and will not • AOA added a standard to the request participation in the Medicare have a significant effect on the crosswalk to include a description of program, effective December 27, 2001 operations of a substantial number of personnel requirements for emergency through December 27, 2007. small rural hospitals. Therefore, we are
VerDate 11
not preparing analyses for either the Dated: September 10, 2001. Description: The purpose of this RFA or section 1102(b) of the Act. Thomas A. Scully, collection is to obtain data upon which In accordance with the provisions of Administrator, Centers for Medicare & to base the computation for measuring Executive Order 12866, this notice was Medicaid Services. State performance in meeting the not reviewed by the Office of [FR Doc. 01–24327 Filed 9–27–01; 8:45 am] legislative goals of TANF as specified in section 403(a)(4) of the Social Security Management and Budget. In accordance BILLING CODE 4120–01–P Act and 45 CFR part 270. Specifically, with Executive Order 13132, we have DHHS will use the data to award the determined that this notice will not DEPARTMENT OF HEALTH AND portion of the bonus that rewards States significantly affect the rights of States, HUMAN SERVICES for their success in moving TANF local or tribal governments. recipients from welfare to work. This Authority: Section 1865 of the Social Administration for Children and information collection will replace Security Act (42 U.S.C. 1395bb). Families Form ACF–200 in FY 2002 (Bonus Year (Catalog of Federal Domestic Assistance 2002). States will not be required to Submission for OMB Review; submit this information unless they Program No. 93.778, Medical Assistance Comment Request Program; No. 93.773 Medicare—Hospital elect to compete on a work measure for Insurance Program; and No. 93.774, Title: The Revised Reporting the TANF High Performance Bonus Medicare—Supplemental Medical Insurance Requirements And Transmission awards. Program) Layouts On TANF Work Measures For Respondents: Respondents may FY 2002, TANF High Performance include any of the 50 States, Guam, Bonuses (HPB). Puerto Rico, and the Virgin Islands. OMB No.: New Collection. Annual Burden Estimates:
Number of re- Average bur- Instrument Number of sponses per den hours per Total burden respondents respondent response hours
The Revised Reporting Requirements And Transmission Layouts On TANF Work Measures For FY 2002, TANF High Performance Bonuses (HPB) .. 54 2 16 1,728 Estimated Total Annual Burden Hours: ...... 1,728
Additional Information: Copies of the Dated: September 24, 2001. 1994 (Public Law 103–252), requires proposed collection may be obtained by Bob Sargis, that the carryover and reallotment writing to The Administration for Reports Clearance Officer. report for one fiscal year be submitted Children and Families, Office of [FR Doc. 01–24324 Filed 9–27–01; 8:45 am] to HHS by the grantee before the Information Services, 370 L’Enfant BILLING CODE 4184–01–M Allotment for the next fiscal year may Promenade, SW, Washington, DC 20447, be awarded. Attn: ACF Reports Clearance Officer. We are requesting changes in the DEPARTMENT OF HEALTH AND collection of data by adding a form, the OMB Comment: OMB is required to HUMAN SERVICES make a decision concerning the Carryover and Reallotment Report for collection of information between 30 Administration for Children and FY 20ll, for the collection of data and 60 days after publication of this Families previously requested by the Simplified document in the Federal Register. Instructions for Timely Obligations of Therefore, a comment is best assured of Submission for OMB Review; FY 20ll LIHEAP Funds and Reporting having its full effect if OMB receives it Comment Request Funds for Carryover and Reallotment. within 30 days of publication. Written The addition of the form will clarify the Title: Low Income Home Energy information being requested and ensure comments and recommendations for the Assistance Program (LIHEAP) Carryover proposed information collection should the submission of all the required and Reallotment Report. information. Use of the form will be be sent directly to the following: Office OMB No.: 0970–0106 voluntary. It is being added in response of Management and Budget, Paperwork Description: The LIHEAP statute and to numerous queries each year Reduction Project, 725 17th Street, NW., regulations require LIHEAP grantees to concerning how to provide information. Washington, DC 20503, Attn: Desk report certain information to HHS It will not add any additional burden on Officer for ACF. concerning funds forwarded and funds subject to reallotment. The 1994 grantees. Grantees would have the reauthorization of the LIHEAP statute, option to use another format. the Human Service Amendments of Respondents:
ANNUAL BURDEN ESTIMATES
Number of re- Average bur- Instrument Number of sponses per den hours per Total burden respondents respondent response hours
Carryover and reallotment ...... 177 1 3 531
Estimated total Annual Burden Hours ...... 531
VerDate 11
Additional Information: Copies of the This notice is being published less than 15 Register on August 23, 2001, 66 FR proposed collection may be obtained by days prior to the meeting due to the timing 44366. writing to The Administration for limitations imposed by the review and This meeting will be held by Children and Families, Office of funding cycle. teleconference to review grant Information Services, 370 L’Enfant Name of Committee: National Institute on applications. The meeting is closed to Promenade, SW., Washington, DC Aging Special Emphasis Panel. the public. 20447, Attn: ACF Reports Clearance Date: October 11–12, 2001. Time: 6 p.m. to 5 p.m. Dated: September 21, 2001. Officer. Agenda: To review and evaluate grant LaVerne Y. Stringfield, OMB Comment: OMB is required to applications. make a decision concerning the Director, Office of Federal Advisory Place: Trent Plaza Hotel, 222 St. Paul Pl., Committee Policy. collection of information between 30 Baltimore, Md 21202. [FR Doc. 01–24360 Filed 9–27–01; 8:45 am] and 60 days after publication of this Contact Person: Ramesh Vemuri, PhD, document in the Federal Register. Health Scientific Administrator, Office of BILLING CODE 4140–01–M Therefore, a comment is best assured of Scientific Review, National Institute on having its full effect if OMB receives it Aging, The Bethesda Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, DEPARTMENT OF HEALTH AND within 30 days of publication. Written HUMAN SERVICES comments and recommendations for the Md 20892, (301) 496–9666. Name of Committee: National Institute on proposed information collection should National Institutes of Health be sent directly to the following: Office Aging Special Emphasis Panel. of Management and Budget, Paperwork Date: October 23–24, 2001. Time: 8 a.m. to 5 p.m. National Institute of Allergy and Reduction Project, 725 17th Street, NW., Agenda: To review and evaluate grant Infectious Diseases; Amended Notice Washington, DC 20503, Attn: Desk applications. of Meeting Officer for ACF. Place: Holiday Inn, 8120 Wisconsin Due to the recent tragic events in the Dated: September 24, 2001. Avenue, Bethesda, MD 20814. Contact Person: Alicja L. Markowska, PhD, United States and resultant travel Bob Sargis, DSC, Scientific Review Office, Gateway limitations, notice is hereby given of Reports Clearance Officer. Building/Suite 2C212, 7201 Wisconsin changes to the meeting of the National [FR Doc. 01–24325 Filed 9–27–01; 8:45 am] Avenue, Bethesda, MD 20817. Advisory Allergy and Infectious BILLING CODE 4184–01–M Name of Committee: National Institute on Diseases Council, September 24, 8:30 Aging Special Emphasis Panel. AM to adjournment, Natcher Building, Date: November 27–29, 2001. Conference Room D, Bethesda, MD DEPARTMENT OF HEALTH AND Time: 7 p.m. to 4:30 p.m. 20892 which was published in the HUMAN SERVICES Agenda: To review and evaluate grant Federal Register on August 29, 2001, 66 applications. FR, 45686. National Institutes of Health Place: Holiday Inn—Chevy Chase, Palladian East and Center Rooms, 5520 The Immunology and Transplantation National Institute on Aging; Notice of Wisconsin Avenue, Chevy Chase, MD 20815. Subcommittee, the Microbiology and Closed Meetings Contact Person: Jefferey M. Chernak, PhD, Infectious Diseases Subcommittee, and Scientific Review Administrator, The the Acquired Immunodefiency Pursuant to section 10(d) of the Bethesda Gateway Building, 7201 Wisconsin Syndrome Subcommittee will hold their Federal Advisory Committee Act, as Avenue/Suite 2C212, Bethesda, MD 20892, closed sessions as telephone conference amended (5 U.S.C. Appendix 2), notice (301) 496–9666. calls from 11:00 am to 12:30 pm. is hereby given of the following (Catalogue of Federal Domestic Assistance The meeting of the National Advisory meetings. Program Nos. 93.866, Aging Research, Allergy and Infectious Diseases Council The meetings will be closed to the National Institutes of Health, HHS) will be held as a telephone conference public in accordance with the Dated: September 21, 2001. call to review grant applications. The provisions set forth in sections LaVerne Y. Stringfield, meeting will be held at NIH, 9000 552b(c)(4) and 552(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory Rockville Pike, Building 31, Room as amended. The grant applications and Committee Policy. 7A03, Bethesda, MD 20802 beginning the discussions could disclose [FR Doc. 01–24359 Filed 9–27–01; 8:45 am] from 2:00 pm to adjournment. The confidential trade secrets or commercial BILLING CODE 4140–01–M meeting will be closed to the public. property such as patentable material, and personal information concerning Dated: September 19, 2001. LaVerne Y. Stringfield, individuals associated with the grant DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory applications, the disclosure of which HUMAN SERVICES would constitute a clearly unwarranted Committee Policy. invasion of personal privacy. National Institutes of Health [FR Doc. 01–24361 Filed 9–27–01; 8:45 am] BILLING CODE 440–01–M Name of Committee: National Institute on Aging Special Emphasis Panel. National Institute on Deafness and Date: October 2, 2001. Other Communication Disorders; Time: 4 p.m. to 5:30 p.m. Amended Notice of Meeting DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant HUMAN SERVICES applications. Notice is hereby given of a change in Place: 7201 Wisconsin Avenue, Bethesda, the meeting of the National Deafness National Institutes of Health Md 20892. (Telephone Conference Call). and Other Communication Disorders National Institute of Allergy and Contact Person: Ramesh Vemuri, PhD, Advisory Council, September 21, 2001, Health Scientific Administrator, Office of Infectious Diseases; Amended Notice Scientific Review, National Institute on 8:30 am to September 21, 2001, 3 p.m., of Meeting Aging, The Bethesda Gateway Building, 7201 45 Center Drive, Natcher, Bldg., Conf. Wisconsin Avenue, Suite 2C212, Bethesda, Rms. A & D, Bethesda, MD, 20892 Due to the recent tragic events in the Md 20892, (301) 496–9666. which was published in the Federal United States and resultant travel
VerDate 11
limitations, notice is hereby given of and Transplantation Research; 93.856, Name of Committee:National Institute of changes to the meeting of the AIDS Microbiology and Infectious Diseases Mental Health Special Emphasis Panel. Research Advisory Committee, National Research, National Institutes of Health, HHS) Date: October 30, 2001. Time: 2 pm to 3 pm. Dated: September 20, 2001. Institute of Allergy and Infectious Agenda: To review and evaluate grant Diseases, September 24, 2001, 1:30 PM LaVerne Y. Stringfield, applications. to 6 PM, Natcher Building, Conference Director, Office of Federal Advisory Place: Neuroscience Center, National Rooms E1/E2, Bethesda, MD 20892 Committee Policy. Institutes of Health, 6001 Executive Blvd., which was published in the Federal [FR Doc. 01–24363 Filed 9–27–01; 8:45 am] Bethesda, MD 20892, (Telephone Conference Call). Register on August 29, 2001, 66 FR, BILLING CODE 4140–01–M 44365. Contact Person: David I. Sommers, PhD, The meeting now will be held at Scientific Review Administrator, Division of Extramural Activities, National Institute of 6700B Rockledge Drive, Room 1205, DEPARTMENT OF HEALTH AND Mental Health, NIH, Neuroscience Center, Bethesda MD 20817 from 12:30 pm to 6 HUMAN SERVICES 6001 Executive Blvd., Room 6144, MSC 9606, pm. The meeting will remain open to Bethesda, MD 20892–9606, 301–443–6470, the public, with attendance limited to National Institutes of Health [email protected]. space available. Name of Committee: National Institute of National Institute of Mental Health; Dated: September 19, 2001. Mental Health Special Emphasis Panel. Notice of Closed Meetings Date: October 31, 2001. LaVerne Y. Stringfield, Time: 2 pm to 4 pm. Director, Office of Federal Advisory Pursuant to section 10(d) of the Agenda: To review and evaluate grant Committee Policy. Federal Advisory Committee Act, as applications. [FR Doc. 01–24362 Filed 9–27–01; 8:45 am] amended (5 U.S.C. Appendix 2), notice Place: Neuroscience Center, National BILLING CODE 4140–01–M is hereby given of the following Institutes of Health, 6001 Executive Blvd., meetings. Bethesda, MD 20892, (Telephone Conference Call). The meeting will be closed to the DEPARTMENT OF HEALTH AND Contact Person: David I. Sommers, PhD, public in accordance with the Scientific Review Administrator, Division of HUMAN SERVICES provisions set forth in sections Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications 6001 Executive Blvd., Room 6144, MSC 9606, and/or contract proposals and the Bethesda, MD 20892–9606, 301–443–6470, National Institute of Allergy and [email protected]. Infectious Diseases; Notice of Closed discussions could disclose confidential Meeting trade secrets or commercial property (Catalogue of Federal Domestic Assistance such as patentable material, and Program Nos. 93.242, Mental Health Research Pursuant to section 10(d) of the personal information concerning Grants; 93.281, Scientist Development Federal Advisory Committee Act, as individuals associated with the grant Award, Scientist Development Award for amended (5 U.S.C. Appendix 2), notice Clinicians, and Research Scientist Award; applications and/or contract proposals, 903.282, Mental Health National Research is hereby given of the following the disclosure of which would meeting. Service Awards for Research Training, constitute a clearly unwarranted National Institutes of Health, HHS) The meeting will be closed to the invasion of personal privacy. public in accordance with the Dated: September 20, 2001. provisions set forth in sections Name of Committee: National Institute of LaVerne Y. Stringfield, Mental Health Special Emphasis Panel. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory Date: October 16–17, 2001. Committee Policy. as amended. The grant applications and Time: 8:30 am to 5 pm. [FR Doc. 01–24364 Filed 9–27–01; 8:45 am] the discussions could disclose Agenda: To review and evaluate grant confidential trade secrets or commercial applications. BILLING CODE 4140–01–M property such as patentable material, Place: Holiday Inn—Georgetown, 2101 and personal information concerning Wisconsin Avenue, N.W., Washington, DC individuals associated with the grant 20007. DEPARTMENT OF HEALTH AND applications, the disclosure of which Contact Person: Martha Ann Carey, Phd, HUMAN SERVICES would constitute a clearly unwarranted RN, Scientific Review Administrator, Division of Extramural Activities, National National Institutes of Health invasion of personal privacy. Institute of Mental Health, NIH, Name of Committee: National Institute of Neurocscience Center, 6001 Executive Blvd., National Institute of Neurological Allergy and Infectious Diseases Special Room 6151, MSC 9608, Bethesda, MD 20892– Disorders and Stroke; Notice of Closed Emphasis Panel. 9608, 301–443–1606, [email protected]. Meeting Date: November 14–15, 2001. Name of Committee: National Institute of Time: November 14, 2001, 9 am to Mental Health Special Emphasis Panel. Pursuant to section 10(d) of the adjournment. Date: October 19, 2001. Federal Advisory Committee Act, as Agenda: To review and evaluate grant Time: 8 am to 3 pm. amended (5 U.S.C. Appendix 2), notice applications. Agenda: To review and evaluate grant is hereby given of the following Place: Holiday Inn Georgetown, 2101 applications. meeting. Wisconsin Avenue, NW., Washington, DC Place: The Melrose Hotel, 2430 The meeting will be closed to the 20007. Pennsylvania Ave., N.W., Washington, DC public in accordance with the Contact Person: Eleazar Cohen, PhD, 20037. Scientific Review Administrator, NIAID/ provisions set forth in sections Contact Person: Peter J. Sheridan, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEA, Scientific Review Program, Room 2220, Scientific Review Administrator, Division of 6700B Rockledge Drive, MSC–7616, Extramural Activities, National Institute of as amended. The grant applications and Bethesda, MD 20892, 301–496–2550, Mental Health, NIH, Neuroscience Center, the discussions could disclose [email protected]. 6001 Executive Blvd., Room 6142, MSC 9606, confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance Bethesda, MD 20892–9606, 301–443–1513. property such as patentable material, Program Nos. 93.855, Allergy, Immunology, [email protected] and personal information concerning
VerDate 11
individuals associated with the grant Program, Division of Extramural Activities, DEPARTMENT OF HEALTH AND applications, the disclosure of which NIAID, NIH, Room 2217, 6700–B Rockledge HUMAN SERVICES would constitute a clearly unwarranted Drive, MSC 7610, Bethesda, MD 20892–7610, invasion of personal privacy. 301–496–2550, [email protected] National Institutes of Health (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of Program Nos. 93.855, Allergy, Immunology, National Institute on Aging; Notice of Neurological Disorders and Stroke Special and Transplantation Research; 93.856, Meeting Emphasis Panel. Microbiology and Infectious Diseases Date: October 25–26, 2001. Research, National Institutes of Health, HHS) Pursuant to section 10(d) of the Time: 8:30 am to 5 pm. Federal Advisory Committee Act, as Dated: September 19, 2001. Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice applications. LaVerne Y. Stringfield, Place: Holiday Inn On The Hill, 415 New is hereby given of a meeting of the Director, Office of Federal Advisory Board of Scentific Counselors. NIA. Jersey Avenue, Washington, DC 20001. Committee Policy. Contact Person: Katherine Woodbury, PhD, The meeting will be open to the Scientific Review Administrator, Scientific [FR Doc. 01–24367 Filed 9–27–01; 8:45 am] public as indicated below, with Review Branch, NINDS/NIH/DHHS, BILLING CODE 4140–01–M attendance limited to space available. Neuroscience Center, 6001 Executive Blvd. Individuals who plan to attend and Suite 3208, MSC 9529, Bethesda, MD 20892– need special assistance, such as sign 9529, 301–496–9223. DEPARTMENT OF HEALTH AND language interpretation or other (Catalogue of Federal Domestic Assistance HUMAN SERVICES reasonable accommodations, should Program Nos. 93.853, Clinical Research notify the Contact Person listed below National Institutes of Health Related to Neurological Disorders; 93.854, in advance of the meeting. Biological Basis Research in the The meeting will be closed to the Neurosciences, National Institutes of Health, National Institute of Allergy and public as indicated below in accordance HHS) Infectious Diseases; Notice of Closed Meeting with the provisions set forth in section Dated: September 20, 2001. 552(b)(c)(6), Title 5 U.S.C., as amended LaVerne Y. Stringfield, Pursuant to section 10(d) of the for the review, discussion, and Director, Office of Federal Advisory Federal Advisory Committee Act, as evaluation of individual intramural Committee Policy. amended (5 U.S.C. Appendix 2), notice programs and projects conducted by the [FR Doc. 01–24365 Filed 9–27–01; 8:45 am] is hereby give of the following meeting. National Institute on Aging, including BILLING CODE 4140–01–M consideration of personnel The meeting will be closed to the qualifications and performance, and the public in accordance with the competence of individual investigators, DEPARTMENT OF HEALTH AND provisions set forth in sections the disclosure of which would HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., constitute a clearly unwarranted as amended. The contract proposals and invasion of personal privacy. National Institutes of Health the discussions could disclose confidential trade secrets or commercial Name of Committee: Board of Scientific Counselors, NIA. National Institute of Allergy and property such as patentable material, Infectious Diseases; Notice of Closed Date: October 22–24, 2001. and personal information concerning Closed: October 22, 2001, 7 p.m. to Meeting individuals associated with the contract adjournment. Pursuant to section 10(d) of the proposals, the disclosure of which Agenda: To review and evaluate personal Federal Advisory Committee Act, as would constitute a clearly unwarranted qualifications and performance, and invasion of personal privacy. competence of individual investigators. amended (5 U.S.C. Appendix 2), notice Place: Gerontology Research Center, 4940 is hereby given of the following Name of Committee: National Institute of Eastern Avenue, Baltimore, MD 21224. Allergy and Infectious Diseases Special meeting. Closed: October 23, 2001, 8 a.m. to 8:30 The meeting will be closed to the Emphasis Panel. a.m. public in accordance with the Date: October 30, 2001. Agenda: To review and evaluate personal provisions set forth in sections Time: 8:30 am to 5 pm. qualifications and performance, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate contract competence of individual investigators. as amended. The contract proposals and proposals. Place: Gerontology Research Center, 4940 Place: Wyndham City Center, 1143 New Eastern Avenue, Baltimore, MD 21224. the discussions could disclose Hampshire Avenue, NW., Washington, DC Open: October 23, 2001, 8:30 a.m. to 11:45 confidential trade secrets or commercial 20037. a.m. property such as patentable material, Contact Person: Roberta Binder, PhD, Agenda: Committee Discussion. and personal information concerning Scientific Review Administrator, Division of individuals associated with the contract Place: Gerontology Research Center, 4940 Extramural Activities, NIAID, 6700B Eastern Avenue, Baltimore, MD 21224. proposals, the disclosure of which Rockledge Drive, Rm 2155, Bethesda, MD 20892, 301–496–7966, [email protected]. Closed: October 23, 2001, 11:45 a.m. to would constitute a clearly unwarranted 12:45 p.m. invasion of personal privacy. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate personal Name of Committee: National Institute of Program Nos. 93.855, Allergy, Immunology, qualifications and performance, and Allergy and Infectious Diseases Special and Transplantation Research; 93.856, competence of individual investigators. Emphasis Panel. Microbiology and Infectious Disease Place: Gerontology Research Center, 4940 Date: November 13–14, 2001. Research, National Institutes of Health, HHS) Eastern Avenue, Baltimore, MD 21224. Time: 8:30 am to 5 pm. Dated: September 19, 2001. Open: October 23, 2001, 12:45 p.m. to 5 p.m. Agenda: To review and evaluate contract LaVerne Y. Stringfield, proposals. Agenda: Committee Discussion. Place: Holiday Inn—Chevy Chase, 5520 Director, Office of Federal Advisory Place: Gerontology Research Center, 4940 Wisconsin Avenue, Chevy Chase, MD 20815. Committee Policy. Eastern Avenue, Baltimore, MD 21224. Contact Person: Yen Li, Phd, Scientific [FR Doc. 01–24368 Filed 9–27–01; 8:45 am] Closed: October 23, 2001, 5 p.m. to 5:30 Review Administrator, Scientific Review BILLING CODE 4180–01–M p.m.
VerDate 11
Agenda: To review and evaluate personal individuals associated with the grant MSC 7854, Bethesda, MD 20892, (301) 435– qualifications and performance, and applications, the disclosure of which 1179, [email protected]. competence of individual investigators. would constitute a clearly unwarranted This notice is being published less than 15 Place: Gerontology Research Center, 4940 invasion of personal privacy. days prior to the meeting due to the timing Eastern Avenue, Baltimore, MD 21224. limitations imposed by the review and Closed: October 24, 2001, 8 a.m. to 8:30 Name of Committee: Molecular, Cellular funding cycle. a.m. and Developmental Neuroscience Integrated Name of Committee: Surgery, Radiology Agenda: To review and evaluate personal Review Group, Visual Sciences A Study and Bioengineering Integrated Review Group, qualifications and performance, and Section. Diagnostic Imaging Study Section. competence of individual investigators. Date: October 7–9, 2001. Date: October 9–10, 2001. Place: Gerontology Research Center, 4940 Time: 6:30 pm to 4 pm. Time: 8 am to 4 pm. Eastern Avenue, Baltimore, MD 21224. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Open: October 24, 2001, 8:30 a.m. to 12 applications. applications. p.m. Place: Mayflower Renaissance Hotel, 1127 Place: Bethesda Holiday Inn, 8120 Agenda: Committee Discussion. Connecticut Ave. NW., Washington, DC Wisconsin Avenue, Bethesda, MD 20814. Place: Gerontology Research Center, 4940 20036. Contact Person: Lee Rosen, PhD, Scientific Eastern Avenue, Baltimore, MD 21224. Contact Person: Mary Custer, PhD, Review Administrator, Center for Scientific Scientific Review Administrator, Center for Review, National Institutes of Health, 6701 Closed: October 24, 2001, 12 p.m. to 1 p.m. Rockledge Drive, Room 5116, MSC 7854, Agenda: To review and evaluate personal Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5102, Bethesda, MD 20892, (301) 435–1171. qualifications and performance, and This notice is being published less than 15 competence of individuals investigators. MSC 7850, Bethesda, MD 20892, (301) 435– 1164, [email protected]. days prior to the meeting due to the timing Place: Gerontology Research Center, 4940 limitations imposed by the review and Eastern Avenue, Baltimore, MD 21224. This notice is being published less than 15 days prior to the meeting due to the timing funding cycle. Closed: October 24, 2001, 1 p.m. to 4 p.m. limitations imposed by the review and Name of Committee: Infectious Diseases Agenda: Committee Discussion. funding cycle. and Microbiology Integrated Review Group, Place: Gerontology Research Center, 4940 Virology Study Section. Name of Committee: Center for Scientific Eastern Avenue, Baltimore, MD 21224. Date: October 9–10, 2001. Review Special Emphasis Panel. Closed: October 24, 2001, 4 p.m. to 5 p.m. Time: 8:30 am to 5 pm. Date: October 8, 2001. Agenda: To review and evaluate personal Agenda: To review and evaluate grant Time: 7 pm to 9:30 pm. qualifications and performance, and applications. Agenda: To review and evaluate grant competence of individual investigators. Place: Holiday Inn, Montgomery Village Place: Gerontology Research Center, 4940 applications. Ave, Gaithersburg, MD 20879. Eastern Avenue, Baltimore, MD 21224. Place: Georgetown Suites , 1000 29th St., Contact Person: Rita Anand, PhD, NW., Washington, DC 2007. Scientific Review Administrator, Center for Contact Person: Dan L. Longo, MD, Contact Person: Eileen W. Bradley, DSC, Scientific Director, National Institute on Scientific Review, National Institutes of Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4188, Aging, Gerontology Research Center, Scientific Review, National Institutes of National Institutes of Health, 5600 Nathan MSC 7808, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5102, 1151, [email protected]. Shock Drive, Baltimore, MD 21224–6825, MSC 7854, Bethesda, MD 20892, (301) 435– 410–558–8110, [email protected]. 1179, [email protected]. This notice is being published less than 15 (Catalogue of Federal Domestic Assistance This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and Program Nos. 93.866, Aging Research, days prior to the meeting due to the timing funding cycle. National Institutes of Health, HHS) limitations imposed by the review and Name of Committee: Pathophysoiological Dated: September 19, 2001. funding cycle. Sciences Integrated Review Group, Alcohol Name of Committee: Center for Scientific LaVerne Y. Stringfield, and Toxicology Subcommittee 4. Director, Office of Federal Advisory Review Special Emphasis Panel. Date: October 9–10, 2001. Committee Policy. Date: October 8, 2001. Time: 8:30 am to 4 pm. Time: 9:30 pm to 10 pm. [FR Doc. 01–24369 Filed 9–27–01; 8:45 am] Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. BILLING CODE 4140–01–M applications. Place: Holiday Inn—Chevy Chase, 5520 Place: Georgetown Suites , 1000 29th St., Wisconsin Avenue, Bethesda, MD 20815. NW., Washington, DC 2007. Contact Person: Rass M. Shayiq, PhD, DEPARTMENT OF HEALTH AND Contact Person: Eileen W. Bradley, DSC, Scientific Review Administrator, Center for HUMAN SERVICES Scientific Review Administrator, Center for Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2182, National Institutes of Health Health, 6701 Rockledge Drive, Room 5102, MSC 7818, Bethesda, MD 20892, (301) 435– MSC 7854, Bethesda, MD 20892, (301) 435– 2359, [email protected]. Center for Scientific Review; Notice of 1179, [email protected]. This notice is being published less than 15 Closed Meetings This notice is being published less than 15 day prior to the meeting due to the timing days prior to the meeting due to the timing limitations imposed by the review and Pursuant to section 10(d) of the limitations imposed by the review and funding cycle. Federal Advisory Committee Act, as funding cycle. Name of Committee: Center for Scientific amended (5 U.S.C. Appendix 2), notice Name of Committee: Surgery, Radiology Review Special Emphasis Panel. is hereby given of the following and Bioengineering Integrated Review Group, Date: October 9, 2001. meetings. Diagnostic Radiology Study Section. Time: 11:00 am to 12 pm. The meetings will be closed to the Date: October 9–10, 2001. Agenda: To review and evaluate grant public in accordance with the Time: 8 am to 5 pm. applications. provisions set forth in sections Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. 20892, (Telephone Conference Call). Place: Georgetown Suites , 1000 29th St., as amended. The grant applications and Contact Person: Aghela Y. Ng, PhD, MBA NW., Washington, DC 2007. Scientific Review Administrator, Center for the discussions could disclose Contact Person: Eileen W. Bradley, DSC, Scientific Review, National Institutes of confidential trade secrets or commercial Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4142, property such as patentable material, Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20892, 301–435– and persons information concerning Health, 6701 Rockledge Drive, Room 5120, 1715, [email protected].
VerDate 11
This notice is being published less than 15 Contact Person: Michael H. Chaitin, PhD, for Scientific Review, National Institutes of days prior to the meeting due to the timing Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 5154, limitations imposed by the review and Scientific Review, National Institutes of MSC 7842, Bethesda, MD 20892, (301) 435– funding cycle. Health, 6701 Rockledge Drive, Room 5202, 1740. Name of Committee: Cell Development and MSC 7850, Bethesda, MD 20892, (301) 435– Name of Committee: Cell Development and Function Integrated Review Group, Cell 0910, [email protected]. Function Integrated Review Group, Cell Development and Function 3. Name of Committee: Integrative, Development and Function 1. Date: October 10–11, 2001. Functional and Cognitive Neuroscience Date: October 11–12, 2001. Time: 8:30 a.m. to 2 p.m. Integrated Review Group, Integrative, Time: 8:30 am to 5 pm. Agenda: To review and evaluate grant Functional and Cognitive Neuroscience 7. Agenda: To review and evaluate grant applications. Date: October 11–12, 2001. applications. Place: Holiday Inn, 5520 Wisconsin Time: 8 am to 5 pm. Place: Georgetown Suites, 1111 30th Street, Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant NW., Washington, DC 20007. Contact Person: Gerhard Ehrenspeck, PhD, applications. Contact Person: Michael H. Sayre, PhD, Scientific Review Administrator, Center for Place: Chevy Chase Holiday Inn, 5520 Scientific Review Administrator, Center for Scientific Review, National Institutes of Wisconsin Ave., Chevy Chase, MD 20815. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5138, Contact Person: Bernard F. Driscoll, PhD, Health, 6701 Rockledge Drive, Room 5128, MSC 7840, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for MSC 7840, Bethesda, MD 20892, (301) 435– 1022, [email protected]. Scientific Review, National Institutes of 1219, [email protected]. Name of Committee: Biophysical and Health, 6701 Rockledge Drive, Room 5158, Name of Committee: Center for Scientific Chemical Sciences Integrated Review Group, MSC 7844m (301) 435–1242. Review Special Emphasis Panel. Medicinal Chemistry Study Section. Name of Committee: Social Sciences, Date: October 11–12, 2001. Date: October 10–11, 2001. Nursing, Epidemiology and Methods Time: 8:30 am to 5 pm. Time: 8:30 a.m. to 4 p.m. Integrated Review Group, Epidemiology and Agenda: To review and evaluate grant Agenda: To review and evaluate grant Disease Control Subcommittee 1. applications. applications. Date: October 11–12, 2001. Place: Loews L’Enfant Plaza, 480 L’Enfant Place: Holiday Inn, 8120 Wisconsin Time: 8 am to 5 pm. Plaza, SW., Washington, DC 20024–2197. Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Contact Person: Lee S. Mann, PhD, JD, Contact Person: Ronald J. Dubois, PhD, applications. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Place: Holiday Inn, 8120 Wisconsin Scientific Review, National Institutes of Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Health, 6701 Rockledge Drive, Room 3186, Health, 6701 Rockledge Drive, Room 4156, Contact Person: J. Scott Osborne, PhD, MSC, 7848, Bethesda, MD 20892, (301) 435– MSC 7806, Bethesda, MD 20892, (301) 435– MPH, Scientific Review Administrator, 0677. 1722. Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Name of Committee: Immunological Name of Committee: Integrative, Room 4114, MSC 7816, Bethesda, MD 20892, Sciences Integrated Review Group, Functional and Cognitive Neuroscience (301) 435–1782. Experimental Immunology Study Section. Integrated Review Group, Visual Sciences B Date: October 11–12, 2001. Name of Committee: Cardiovascular Study Section. Time: 8:30 am to 5 pm. Sciences Integrated Review Group, Date: October 10–11, 2001. Agenda: To review and evaluate grant Hematology Subcommittee 1. Time: 8:30 a.m. to 4:30 p.m. applications. Date: October 11–12, 2001. Agenda: To review and evaluate grant Time: 8 am to 5 pm. Place: Holiday Inn Chevy Chase, Terrace applications. Agenda: To review and evaluate grant Room, 5520 Wisconsin Avenue, Chevy Place: Georgetown Holiday Inn, 2101 applications. Chase, MD 20815. Wisconsin Avenue, NW., Washington, DC Place: Holiday Inn, 5520 Wisconsin Contact Person: Cathleen L. Cooper, PhD, 20007. Avenue, Chevy Chase, MD 20815. Scientific Review Administrator, Center for Contact Person: Christine Melchior, PhD, Contact Person: Robert Su, PhD, Scientific Scientific Review, National Institutes of Scientific Review Administrator, Center for Review Administrator, Center for Scientific Health, 6701 Rockledge Drive, Room 4208, Scientific Review, National Institutes of Review, National Institutes of Health, 6701 MSC, 7812, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5176, Rockledge Drive, Room 4134, MSC 7802, 3566, [email protected]. MSC 7844, Bethesda, MD 20892, (301) 435– Bethesda, MD 20892, (301) 435–1195. Name of Committee: Center for Scientific 1713, [email protected]. Name of Committee: Center for Scientific Review Special Emphasis Panel. Name of Committee: Center for Scientific Review Special Emphasis Panel. Date: October 11, 2001. Review Special Emphasis Panel. Date: October 11–12, 2001. Time: 8:30 am to 6:00 pm. Date: October 10, 2001. Time: 8:30 am to 3 pm. Agenda: To review and evaluate grant Time: 1 p.m. to 2 p.m. Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant applications. Place: The Churchill Hotel, 1914 applications. Place: Holiday Inn, 5520 Wisconsin Connecticut Avenue, N.W., Washington, DC Place: NIH, Rockledge 2, Bethesda, MD Avenue, Chevy Chase, MD 20815. 20009. 20892, (Telephone Conference Call). Contact Person: Prabha L Atreya, PhD, Contact Person: Noni Byrnes, PhD, Contact Person: Victor A. Fung, PhD, Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institutes of Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5152, Health, 6701 Rockledge Drive, Room 4196, Health, 6701 Rockledge Drive, Room 4120, MSC 7842, Bethesda, MD 20892, (301) 435– MSC, 7806, Bethesda, MD 20892, (301) 435– MSC 7804, Bethesda, MD 20814–9692, (301) 8367. 1217, [email protected]. 435–3504, [email protected]. Name of Committee: Biochemical Sciences Name of Committee: Center for Scientific Name of Committee: Molecular, Cellular Integrated Review Group, Medical Review Special Emphasis Panel. and Development Neuroscience Integrated Biochemistry Study Section. Date: October 11–12, 2001. Review Group, Visual Sciences C Study Date: October 11–12, 2001. Time: 9:00 am to 5:00 pm. Section. Time: 8:30 am to 3 pm. Agenda: To review and evaluate grant Date: October 11–12, 2001. Agenda: To review and evaluate grant applications. Time: 8 a.m. to 4 p.m. applications. Place: Governor’s House, 1615 Rhode Agenda: To review and evaluate grant Place: State Plaza Hotel, 2117 E Street, Island Avenue, NW, Washington, DC 20036. applications. Washington, DC 20037. Contact Person: Julian L. Azorlosa, PhD, Place: Melrose Hotel, 2430 Pennsylvania Contact Person: Alexander S. Liacouras, Scientific Review Administrator, Center for Avenue, NW., Washington, DC 20037. PhD, Scientific Review Administrator, Center Scientific Review, National Institutes of
VerDate 11
Health, 6701 Rockledge Drive, Room 3190, Transcutaneous Electrical Resistance EPISKINTM utilize a three dimensional MSC 7848, Bethesda, MD 20892, (301) 435– (TER) Methods: In Vitro Test Methods human skin model comprised of a 1507. for Assessing the Dermal Corrosivity reconstructed epidermis and a Name of Committee: Center for Scientific Potential of Chemicals,’’ and proposed functional stratum corneum. The test Review Special Emphasis Panel. test method recommendations from the chemical is applied to this Date: October 11, 2001. Interagency Coordinating Committee on reconstructed epidenmis for a specified Time: 9:00 am to 5:00 pm. Agenda: To review and evaluate grant the Validation of Alternative Methods time and subsequent cell viability is applications. (ICCVAM) on the use of these methods. measured. Rat Skin TER assesses the Place: Holiday Inn, 8120 Wisconsin The NICEATM invites public comment skin corrosivity of a chemical by Avenue, Bethesda, MD 20814. on the BRD and ICCVAM applying the test material to the Contact Person: Richard Marcus, PhD, recommendations. epidermal surface of a rat skin disc for Scientific Review Administrator, Center for two and 24 hours; subsequently, the Availability of Background Review Scientific Review, National Institutes of transcutaneous electrical resistance Document and Proposed ICCVAM Health, 6701 Rockledge Drive, Room 5168, (TER) of the skin disc is measured. Recommendations MSC 7844, Bethesda, MD 20892, (301) 435– NICEATM prepared a background 1245, [email protected]. An electronic version of this BRD and review document summarizing the Name of Committee: Center for Scientific proposed ICCVAM test method available data and prior reviews for the Review Special Emphasis Panel. recommendations may be obtained from three test methods, which was then Date: October 11, 2001. the NICEATM/ICCVAM web site at considered by the CWG and ICCVAM. Time: 1:00 pm to 2:30 pm. http://iccvam.niehs.nih.gov. For a paper Agenda: To review and evaluate grant The CWG concluded, based on the applications. copy (a limited number are available), information provided and outcomes of Place: NIH, Rockledge 2, Bethesda, MD please contact the NICEATM at (919) the previous reviews, that further 20892, (Telephone Conference Call). 541–3398 or via email at evaluation by an independent scientific Contact Person: Victor A. Fung, PhD, [email protected]. peer review panel did not appear Scientific Review Administrator, Center for Request for Public Comment necessary, and recommended that these Scientific Review, National Institutes of methods undergo ICCVAM evaluation Health, 6701 Rockledge Drive, Room 4120, NICEATM invites written public using an expedited review process MSC 7804, Bethesda, MD 20814–9692, (301) comments on the BRD on in vitro (ICCVAM, 2001). ICCVAM agreed with 435–3504, [email protected]. corrosivity methods and the proposed the CWG recommendation for expedited (Catalogue of Federal Domestic Assistance ICCVAM recommendations for these review. This process involves the Program Nos. 93.306, Comparative Medicine, methods. The deadline for submission development of a draft ICCVAM 93.306; 93.333, Clinical Research, 93.333, of comments is November 13, 2001. position (proposed ICCVAM test 93.337, 93.393–93.396, 93.837–93.844, Comments submitted via email are 93.846–93.878, 93.892, 93.893, National recommendations) and publishing the Institutes of Health, HHS) preferred; the acceptable file formats are position in the Federal Register for MS Word (Office 98 or older), plain text, public comment. Public comments are Dated: September 20, 2001. or PDF. Comments should be sent to Dr. considered by ICCVAM, and if no major LaVerne Y. Stringfield, William Stokes, Director, NICEATM, problems are found, ICCVAM then Director, Office of Federal Advisory NIEHS, MD EC–17, P.O. Box 12233, finalizes its test recommendations and Committee Policy. Research Triangle Park, NC, 27709; forwards to federal agencies for their [FR Doc. 01–24366 Filed 9–27–01; 8:45 am] telephone 919–541–3398; fax 919–541– determination of regulatory BILLING CODE 4140–01–M 0947; email [email protected]. acceptability. If major problems are Persons submitting written comments noted, then ICCVAM will determine an should include their contact appropriate process for further DEPARTMENT OF HEALTH AND information (name, affiliation, address, evaluation, such as an independent peer HUMAN SERVICES telephone/fax numbers, and email) and review panel evaluation. sponsoring organization, if any. Public Health Service Public comments received in response ECVAM Evaluation National Institute of Environmental to this Federal Register notice will be The European Center for the Health Sciences (NIEHS) National posted on the NICEATM/ICCVAM web Validation of Alternative Methods Toxicology Program (NTP) site http://iccvam.niehs.nih.gov and (ECVAM) conducted validation studies provided to the ICCVAM. ICCVAM will on these three in vitro methods (Barratt EPISKINTM, EpiDermTM, and Rat Skin consider all comments prior to et al., 1998; Fentem et al., 1998; Liebsch Transcutaneous Electrical Resistance finalizing its test recommendations on et al., 2000). The ECVAM Management Methods: In Vitro Test Methods EpiDermTM, EPISKINTM, and Rat Skin Team concluded that EpiDermTM, Rat Proposed for Assessing the Dermal TER. In accordance with Public Law Skin TER, and EPISKINTM were Corrosivity Potential of Chemicals; 106–545, ICCVAM test scientifically valid for use as Notice of Availability of a Background recommendations will be forwarded to replacements for the animal test Review Document and Proposed appropriate Federal agencies and will be currently used to distinguish between ICCVAM Test Method made available to the public on the corrosive and non-corrosive chemicals Recommendations and Request for NICEATM/ICCVAM website. and for all chemical classes (Fentem et Public Comment. al., 1998; Liebsch et al., 2000). Background Summary ICCVAM and the ICCVAM Corrosivity Other Reviews The NTP Interagency Center for the Working Group (CWG) recently The validation status of these three Evaluation of Alternative Toxicological evaluated three in vitro test methods for methods was then evaluated by the Methods (NICEATM) announces assessing the dermal corrosivity ECVAM Scientific Advisory Committee availability of a background review potential of chemicals and chemical (ESAC). The ESAC also concluded that document (BRD) entitled ‘‘EPISKINTM, mixtures—EpiDermTM, EPISKINTM, and the Rat Skin TER, EpiDermTM, and the EpiDermTM, and Rat Skin Rat Skin TER. EpiDermTM and EPISKINTM tests were scientifically
VerDate 11
valid for use as replacements for the technical evaluations, and forwarding corrosivity testing. ATLA-Alternatives to animal test and were ready to be these to Federal agencies for their Laboratory Animals 28:371–401 (2000). considered for regulatory acceptance consideration. The NICEATM was Organization for Economic Co-operation (Balls and Corcelle, 1998; Balls and and Development (OECD). Harmonized established in 1998 to coordinate and Integrated Hazard Classification System for Hellsten, 2000). The European Scientific facilitate ICCVAM activities, to provide Human Health and Environmental Effects of Committee for Cosmetic Products and peer review for validation activities and Chemical Substances, as endorsed by the Non-food Products (SCCNFP) evaluated to promote communication with 28th Joint Meeting of the Chemicals the EPISKINTM and Rat Skin TER and stakeholders. The NICEATM is located Committee and the Working Party on concluded that they were applicable for at the NIEHS, Research Triangle Park, Chemicals, OECD, Paris, France. (November the safety evaluation of cosmetic NC. Additional information concerning 1998) http://www.oecd.org/ehs/Class/ ingredients or mixtures of ingredients ICCVAM and NICEATM can be found HCL6.htm (Anon., 1999). The European OECD. OECD Revised Proposals for on the ICCVAM/NICEATM web site at Updated Test Guidelines 404 and 405: Commission subsequently adopted http://iccvam.niehs.nih.gov. Dermal and Eye Corrosion/Irritation Studies. EpiDermTM, EPISKINTM, and Rat Skin References [OECD ENV/JM/TG (2001)2]. OECD TER (Anon., 2000). Environment Directorate, Joint Meeting of the Chemicals Committee and the Working Party Proposed ICCVAM Recommendations Anon. EU Commission Directive 2000/33/ EC of 25 April 2000 (Official Journal of the on Chemicals, Pesticides and Biotechnology. ICCVAM proposes that these assays European Communities), Skin Corrosion, Rat Test Guidelines Programme. Circulated in can be used to assess the dermal Skin TER and Human Skin Model Assay. OJ preparation for the 13th Meeting of the corrosion potential of chemicals in a L 136, June 8, 2000. Available: http:// Working Group of the National Coordinators weight-of-evidence approach in an embryo.ib.amwaw.edu.pl/invittox/prot/ of the Test Guidelines Programme, OECD, Paris, France. (2001a) integrated testing scheme [e.g., OECD 1_13620000608en00010089.pdf [cited July Globally Harmonised Classification 19, 2001]. Dated: September 21, 2001. System (OECD, 1998); OECD Revised Anon. Scientific Committee for Cosmetic Samuel H. Wilson, Products, and Non-food Products intended Deputy Director, National Institute of Proposals for Updated Test Guidelines for Consumers. Excerpts of the Outcome of Environmental Health Sciences. 404 and 405: Dermal and Eye Corrosion/ Discussions Record of the 6th Plenary Irritation Studies (OECD, 2001a)]. These Meeting (SCCNFP) Brussels, Belgium. [FR Doc. 01–24371 Filed 9–27–01; 8:45 am] integrated testing schemes for dermal January 20, 1999. Available: http:// BILLING CODE 4140–01–P irritation/corrosion allow for the use of europa.eu.int/comm/food/fs/sc/sccp/ validated and accepted in vitro out50_en.html [cited July 19, 2001]. methods. In this approach, positive in Balls M, Corcelle G. ‘‘Statement on the DEPARTMENT OF HEALTH AND vitro corrosivity responses do not scientific validity of the Rat Skin HUMAN SERVICES generally require further testing and can Transcutaneous Electrical Resistance (TER) be used for classification and labeling. Test (an in vitro test for skin corrosivity) and Public Health Service Statement of the scientific validity of the Negative in vitro corrosivity responses EPISKINTM test (an in vitro test for skin National Institute of Environmental shall be followed by in vivo dermal corrosivity),’’ dated April 3, 1998. Statement Health Sciences (NIEHS); National corrosion/irritation testing. (Note: The from the European Commission Joint Toxicology Program (NTP) first animal used in the irritation/ Research Centre, Environment Institute, Ispra corrosivity assessment would be (VA), Italy presenting the results of the 10th Report of the International Workshop expected to identify any chemical ECVAM Scientific Advisory Committee on In Vitro Methods for Assessing Acute corrosives that were false negatives in (ESAC) meeting on March 31 (1998). Systemic Toxicity; Guidance Document the in vitro test). Furthermore, as is Available: http://www.iivs.org/news/ratskin- on Using In Vitro Data to Estimate In appropriate for any in vitro assay, there episkin.html [cited July 19, 2001]. Vivo Starting Doses for Acute Toxicity: is the opportunity for confirmatory Balls M, Hellsten E. ‘‘Statement on the Notice of Availability and Request for application of the EpiDermTM human skin testing if false positive results are model for corrosivity testing,’’ dated March Public Comment. indicated on a weight of evidence 20, 2000. ECVAM Scientific Advisory Summary evaluation of supplemental information, Committee meeting, Ispra, Italy, March 14–15 such as pH, structure activity (2000). Notice is hereby given of the relationships (SAR), and other chemical Barratt, MD, Brantom PG, Fentem JH, availability of the reports entitled, and testing information. Gerner I, Walker AP, Worth AP. The ECVAM ‘‘Report of the International Workshop international validation study on in vitro on In Vitro Methods for Assessing Acute Additional Information About ICCVAM tests for skin corrosivity. 1. Selection and Systemic Toxicity’’ NIH Publication 01– and NICEATM distribution of the test chemicals. Toxicology 4499 and ‘‘Guidance Document on ICCVAM, with 15 participating In Vitro 12:471–482 (1998). Using In Vitro Data to Estimate In Vivo Federal agencies, was established in Fentem, JH, Archer GEB, Balls M, Botham Starting Doses for Acute Toxicity’’ NIH PA, Curren RD, Earl LK, Esdaile DJ, 1997 to coordinate interagency issues on Holzhutter H–G, Liebsch M. The ECVAM Publication 01–4500. The Report toxicological test method development, international validation study on in vitro provides conclusions and validation, regulatory acceptance, and tests for skin corrosivity. 2. Results and recommendations from expert scientists national and international evaluation by the management team. based on their review of current in vitro harmonization. The ICCVAM Toxicology In Vitro 12:483–524 (1998). methods for assessing acute toxicity at Authorization Act of 2000 (Public Law Interagency Center for the Evaluation of an October 17–20, 2000 workshop. The 106–545) formally authorized and Alternative Methods (ICCVAM). Procedures workshop was organized by the designated ICCVAM as a permanent for test methods that have been endorsed by National Toxicology Program committee administered by the NIEHS ECVAM (April 20, 2001). http:// Interagency Center for the Evaluation of iccvam.niehs.nih.gov. with specific duties that include the Liebsch M, Traue D, Barrabas C, Spielmann Alternative Toxicological Methods technical evaluation of new and H, Uphill P, Wilkins S, McPherson JP, (NICEATM) and the Interagency alternative testing methods. ICCVAM is Wiemann C, Kaufmann T, Remmele M, Coordinating Committee on the charged with developing test Holzhutter HG. The ECVAM prevalidation Validation of Alternative Methods recommendations based on those study on the use of EpiDerm for skin (ICCVAM). The Guidance Document
VerDate 11
provides Standard Operating Procedures notice (Vol. 65, No. 184, pp. 57203– expands on an approach suggested by (SOPs) for performing two in vitro basal 57205, September 21, 2000) announced Spielmann and colleagues that—as an cytotoxicity assays and describes how to availability of the workshop agenda, initial step—the relationship found with use this in vitro data to predict starting registration information, and a the RC data be used to predict starting doses for in vivo acute oral toxicity background summary of available in doses for subsequent in vivo acute studies. vitro methods. lethality assays. At the workshop, the invited expert Availability of the Documents scientists were divided into four Additional Information About ICCVAM To receive a copy of either report, breakout groups as follows: and NICEATM please contact NICEATM at P.O. Box Breakout Group 1: In Vitro Screening 12233, MD EC–17, Research Triangle ICCVAM, with 15 participating Methods for Assessing Acute Toxicity Federal agencies, was established in Park, NC 27709 (mail), 919–541–3398 Breakout Group 2: In Vitro Methods for 1997 to coordinate interagency issues on (phone), 919–541–0947 (fax), or Toxicokinetic Determinations [email protected] (email). The Breakout Group 3: In Vitro Methods for toxicological test method development, reports are also available on the Predicting Organ-Specific Toxicity validation, regulatory acceptance, and ICCVAM/NICEATM website at http:// Breakout Group 4: Chemical Data Sets national and international iccvam.niehs.nih.gov. for Validation of In Vitro Acute harmonization. The ICCVAM Request for Public Comments Toxicity Test Methods Authorization Act of 2000 (Pub. L. 106– Each breakout group subsequently 545) formally authorized and designated NICEATM invites written public ICCVAM as a permanent committee comments on the Workshop Report and prepared a written report that administered by the NIEHS with the Guidance Document. Comments represented the consensus of the invited specific duties that include the should be sent to NICEATM by scientists assigned to that group and technical evaluation of new and November 13, 2001. Comments these reports are included in the submitted via e-mail are preferred; the Workshop Report. It also includes as alternative testing methods. ICCVAM is acceptable file formats are MS Word appendices: A detailed workshop charged with developing test (Office 98 or older), plain text, or PDF. agenda; summary minutes of plenary recommendations based on those Comments should be sent to Dr. William sessions and public comments; the technical evaluations, and forwarding S. Stokes, Director, NICEATM, NIEHS, background document for workshop these to Federal agencies for their MD EC–17, PO Box 12233, Research participants; a NICEATM summary of consideration. The NICEATM was Triangle Park, NC, 27709; telephone the Multicenter Evaluation of In Vitro established in 1998 to coordinate and 919–541–2384; fax 919–541–0947; e- Cytotoxicity (MEIC); a summary of facilitate ICCVAM activities, to provide mail [email protected]. Persons Federal regulations on acute toxicity; peer review for validation activities and submitting written comments should related Federal Register notices; and to promote communication with include their contact information (name, ICCVAM test method recommendations. stakeholders. The NICEATM is located affiliation, address, telephone and fax The ICCVAM test recommendations at the NIEHS, Research Triangle Park, numbers, and e-mail) and sponsoring were developed following the workshop NC. Additional information concerning organization, if any. Public comments to forward to Federal agencies in ICCVAM and NICEATM can be found received in response to this Federal accordance with Pub. L. 106–545. on the ICCVAM/NICEATM web site at The Breakout Group on In Vitro Register notice will be posted on the http://iccvam.niehs.nih.gov. In Screening Methods recommended NICEATM/ICCVAM web site (http:// accordance with Public Law 106–545, preparation of a document that would iccvam.niehs.nih.gov). the Workshop Report and the Guidance provide guidance on how to use in vitro Background data to estimate starting doses for in Document will be forwarded with ICCVAM test recommendations to The International Workshop on In vivo acute toxicity studies. Three Vitro Methods for Assessing Acute scientists subsequently collaborated Federal agencies for their consideration. Systemic Toxicity was held October 17– with the NICEATM to develop a References 20, 2000, at the Hyatt Regency Crystal ‘‘Guidance Document on Using In Vitro City Hotel, 2799 Jefferson Davis Data to Estimate In Vivo Starting Doses Halle, W. 1998. Toxizita¨tspru¨ fungen Highway, Arlington, VA 22202. The for Acute Toxicity’’. The Guidance in Zellkulturen fu¨ r eine Vorhersage der workshop was organized by the Document provides SOPs for akuten Toxizita¨t (LD50) zur Einsparung NICEATM and ICCVAM, and sponsored conducting two in vitro cytotoxicity von Tierversuchen. Life Sciences/ by the NIEHS, the NTP, and U.S. EPA. tests (the BALB/c 3T3 Neutral Red Lebenswissenschaften, Volume 1, 94 The objectives of the workshop were (1) Uptake (NRU) and the Normal Human pp., Ju¨ lich: Forschungszentrum Ju¨ lich. Keratinocyte (NHK) NRU assays) and to assess the current validation status of Spielmann, H., E. Genschow, M. instruction for using these assays to in vitro test methods that might be Liebsch, and W. Halle. 1999. useful for assessing the acute systemic estimate starting doses for in vivo Determination of the starting dose for toxicity potential of chemicals and (2) to testing. The Guidance Document also acute oral toxicity (LD ) testing in the develop recommendations for future includes the ZEBET (German National 50 research, development, and validation Centre for the Documentation and up and down procedure (UDP) from studies that might further enhance the Evaluation of Alternatives to Animal cytotoxicity data. ATLA 27: 957–966. use of in vitro methods for this purpose. Experimentation) Registry of Dated: September 18, 2001. A Federal Register notice (Vol. 65, Cytotoxicity (RC) Regression Analysis Samuel H. Wilson, No. 115, pp. 37400–37403, June 14, that provides a mathematical Deputy Director, National Institute of 2000) requested information and data relationship between acute oral Environmental Health Sciences. that should be considered at the systemic rodent toxicity and in vitro [FR Doc. 01–24370 Filed 9–27–01; 8:45 am] workshop, and nominations of expert basal cytotoxicity using data for 347 scientists to participate in the chemicals (Halle, 1998; Spielmann et BILLING CODE 4140–01–P workshop. A second Federal Register al., 1999). The Guidance Document
VerDate 11
DEPARTMENT OF HOUSING AND FOR FURTHER INFORMATION CONTACT: whether the proposal is new, an URBAN DEVELOPMENT Wayne Eddins, Reports Management extension, reinstatement, or revision of Officer, Q, Department of Housing and an information collection requirement; [Docket No. FR–4650–N–67] Urban Development, 451 Seventh Street, and (10) the name and telephone Notice of Submission of Proposed Southwest, Washington, DC 20410; e- number of an agency official familiar Information Collection to OMB; mail Wayne [email protected]; with the proposal and of the OMB Desk Technical Assistance for Community telephone (202) 708–2374. This is not a Officer for the Department. Planning and Development Programs toll-free number. Copies of the proposed This Notice also lists the following forms and other available documents information. AGENCY: Office of the Chief Information submitted to OMB may be obtained Title of Proposal: Technical Officer, HUD. from Mr. Eddins. Assistance for Community Planning and ACTION: Notice. SUPPLEMENTARY INFORMATION: The Development Programs. Department has submitted the proposal OMB Approval Number: 2506–0166. SUMMARY: The proposed information for the collection of information, as Form Numbers: HUD–424M, HUD– collection requirement described below described below, to OMB for review, as 50070, HUD–50071, HUD–2880, HUD– has been submitted to the Office of required by the Paperwork Reduction 2992. Management and Budget (OMB) for Act (44 U.S.C. Chapter 35). The Notice Description of the Need for the review, as required by the Paperwork lists the following information: (1) The Information and its Proposed Use: Reduction Act. The Department is title of the information collection Periodically, HUD conducts soliciting public comments on the proposal; (2) the office of the agency to competitions to select technical subject proposal. collect the information; (3) the OMB assistance providers to supply expertise DATES: Comments Due Date: October 29, approval number, if applicable; (4) the to CPD grantees to shape their CPD and 2001. description of the need for the other available resource into effective, ADDRESSES: Interested persons are information and its proposed use; (5) coordinated, neighborhood and invited to submit comments regarding the agency form number, if applicable; community development strategies to this proposal. Comments should refer to (6) what members of the public will be revitalize and physically, socially and the proposal by name and/or OMB affected by the proposal; (7) how economically strengthen their approval number (2506–0166) and frequently information submissions will communities. should be sent to: Joseph F. Lackey, Jr., be required; (8) an estimate of the total Respondents: Business or other for OMB Desk Officer, Office of number of hours needed to prepare the profit, Not-for-Profit Institutions, State, Management and Budget, Room 10235, information submission including Local or Tribal Government. New Executive Office Building, number of respondents, frequency of Frequency of Submission: Quarterly. Washington, DC 20503. response, and hours of response; (9) Reporting Burden:
Number of × Frequency × Hours per Burden respondents of responses response = hours
152 ...... 24.25 6.3 23,264
Total Estimated Burden Hours: SUMMARY: The proposed information number. Copies of the proposed forms 23,264. collection requirement described below and other available documents Status: Extension of a currently has been submitted to the Office of submitted to OMB may be obtained approved collection. Management and Budget (OMB) for from Mr. Eddins. review, as required by the Paperwork SUPPLEMENTARY INFORMATION: The Authority: Section 3507 of the Paperwork Reduction Act. The Department is Department has submitted the proposal Reduction Act of 1995, 44 U.S.C. 35, as soliciting public comments on the amended. for the collection of information, as subject proposal. described below, to OMB for review, as Dated: September 20, 2001. DATES: Comments Due Date: October 29, required by the Paperwork Reduction Donna L. Eden, 2001. Act (44 U.S.C. Chapter 35). The Notice Director, Office of Investment Strategies, lists the following information: (1) The Policy and Management. ADDRESSES: Interested persons are title of the information collection [FR Doc. 01–24264 Filed 9–27–01; 8:45 am] invited to submit comments regarding proposal; (2) the office of the agency to this proposal. Comments should refer to BILLING CODE 4210–72–M collect the information; (3) the OMB the proposal by name and/or OMB approval number, if applicable; (4) the approval number (2528–0215) and description of the need for the DEPARTMENT OF HOUSING AND should be sent to: Joseph F. Lackey, Jr., information and its proposed use; (5) URBAN DEVELOPMENT OMB Desk Officer, Office of the agency form number, if applicable; Management and Budget, Room 10235, (6) what members of the public will be [Docket No. FR–4650–N–68] New Executive Office Building, affected by the proposal; (7) how Washington, DC 20503. frequently information submissions will Notice of Submission of Proposed FOR FURTHER INFORMATION CONTACT: be required; (8) an estimate of the total Information Collection to OMB; Tribal Wayne Eddins, Reports Management number of hours needed to prepare the Colleges and Universities Program Officer, Q Department of Housing and information submission including AGENCY: Office of the Chief Information Urban Development, 451 Seventh Street, number of respondents, frequency of Officer, HUD. SW., Washington, DC 20410; e-mail response, and hours of response; (9) [email protected]; telephone whether the proposal is new, an ACTION: Notice. (202) 708–2374. This is not a toll-free extension, reinstatement, or revision of
VerDate 11
an information collection requirement; Title of Proposal: Tribal Colleges and expand, renovate, and equip their own and (10) the name and telephone Universities Program. facilities. number of an agency official familiar OMB Approval Number: 2528–0215. Respondents: Not-for-Profit with the proposal and of the OMB Desk Form Numbers: HUD–50070, HUD– Institutions, State, Local or Tribal Officer for the Department. 50071, HUD–424–M, HUD–2880. Government. Description of the Need for the This Notice also lists the following Information and Its Proposed Use: A Frequency of Submission: Semi- information. grant to provide assistance to tribal annually, Other (Final Report). colleges and universities to use to build, Reporting Burden:
Number of × Frequency × Hours per Burden respondents of responses response = hours
32 ...... 1.6 62 3,208
Total Estimated Burden Hours: 3,208. and are, therefore, ‘‘outstanding’’ as of 451 Seventh Street SW., Washington, Status: Extension of a currently September 30, 2001. The date of the call DC 20410; telephone (202) 708–1234; approved collection. is January 1, 2002. TTY number for the hearing- and The debentures will be redeemed at speech-impaired (202) 708–2565 (these Authority: Section 3507 of the Paperwork par plus accrued interest. Interest will telephone numbers are not toll-free), or Reduction Act of 1995, 44 U.S.C. 35, as cease to accrue on the debentures as of call the toll-free Title V information line amended. the call date. Final interest on any at 1–800–927–7588. Dated: September 18, 2001. called debentures will be paid with the SUPPLEMENTARY INFORMATION: In Wayne Eddins, principal at redemption. accordance with 24 CFR part 581 and Departmental Reports Management Officer, During the period from the date of section 501 of the Stewart B. McKinney Office of the Chief Information Officer. this notice to the call date, debentures Homeless Assistance Act (42 U.S.C. [FR Doc. 01–24263 Filed 9–27–01; 8:45 am] that are subject to the call may not be 11411), as amended, HUD is publishing BILLING CODE 4210–72–M used by the mortgagee for a special this Notice to identify Federal buildings redemption purchase in payment of a and other real property that HUD has mortgage insurance premium. reviewed for suitability for use to assist DEPARTMENT OF HOUSING AND No transfer of debentures covered by the homeless. The properties were URBAN DEVELOPMENT the foregoing call will be made on the reviewed using information provided to books maintained by the Treasury [Docket No. FR–4463–N–08] HUD by Federal landholding agencies Department on or after October 1, 2001. regarding unutilized and underutilized Notice of FHA Debenture Call This does not affect the right of the buildings and real property controlled holder of a debenture to sell or assign by such agencies or by GSA regarding AGENCY: Office of the Assistant the debenture on or after this date. its inventory of excess or surplus Secretary for Housing-Federal Housing Payment of final principal and interest Federal property. This Notice is also Commissioner, HUD. due on January 1, 2002, will be made published in order to comply with the ACTION: Notice. automatically to the registered holder. December 12, 1988 Court Order in National Coalition for the Homeless v. SUMMARY: Dated: September 21, 2001. This Notice announces a Veterans Administration, No. 88–2503– debenture recall of certain Federal John C. Weicher, Assistant Secretary for Housing-Federal OG (D.D.C.). Housing Administration debentures, in Properties reviewed are listed in this accordance with authority provided in Housing Commissioner. [FR Doc. 01–24262 Filed 9–27–01; 8:45 am] Notice according to the following the National Housing Act. categories: Suitable/available, suitable/ BILLING CODE 4210–27–P FOR FURTHER INFORMATION CONTACT: unavailable, suitable/to be excess, and Richard Keyser, Room 3119P, L’Enfant unsuitable. The properties listed in the Plaza, Department of Housing and DEPARTMENT OF HOUSING AND three suitable categories have been Urban Development, 451 Seventh Street, URBAN DEVELOPMENT reviewed by the landholding agencies, SW., Washington, DC 20410, telephone and each agency has transmitted to (202) 755–7510 x137. This is not a toll- [Docket No. FR–4644–N–39] HUD: (1) Its intention to make the free number. property available for use to assist the Federal Property Suitable as Facilities SUPPLEMENTARY INFORMATION: Pursuant homeless, (2) its intention to declare the To Assist the Homeless to Sections 204(c) and 207(j) of the property excess to the agency’s needs, or National Housing Act, 12 U.S.C. AGENCY: Office of the Assistant (3) a statement of the reasons that the 1710(c), 1713(j), and in accordance with Secretary for Community Planning and property cannot be declared excess or HUD’s regulation at 24 CFR 203.409 and Development, HUD. made available for use as facilities to 207.259(e)(3), the Federal Housing ACTION: Notice. assist the homeless. Commissioner, with approval of the Properties listed as suitable/available Secretary of the Treasury, announces SUMMARY: This Notice identifies will be available exclusively for the call of all Federal Housing unutilized, underutilized, excess, and homeless use for a period of 60 days Administration debentures, with a surplus Federal property reviewed by from the date of this Notice. Homeless coupon rate of 6.375 percent or above, HUD for suitability for possible use to assistance providers interested in any except for those debentures subject to assist the homeless. such property should send a written ‘‘debenture lock agreements’’, that have FOR FURTHER INFORMATION CONTACT: expression of interest to HHS, addressed been registered on the books of the Clifford Taffet, room 7266, Department to Brian Rooney, Division of Property Federal Reserve Bank of Philadelphia, of Housing and Urban Development, Management, Program Support Center,
VerDate 11
HHS, room 5B–41, 5600 Fishers Lane, Navy, Real Estate Policy Division, Naval Landholding Agency: GSA Rockville, MD 20857; (301) 443–2265. Facilities Engineering Command, Property Number: 54200020018 (This is not a toll-free number.) HHS Washington Navy Yard, 1322 Patterson Status: Excess will mail to the interested provider an Comment: 120 sq. ft. cinder block bldg. Ave., SE, Suite 1000, Washington, DC GSA Number: 1–D–IL–795 application packet, which will include 20374–5065; (202) 685–9200; (These are instructions for completing the LaSalle Comm. Tower Site not toll–free numbers). 1600 NE 8th St. application. In order to maximize the Dated: September 20, 2001. Richland Co: LaSalle IL 61370– opportunity to utilize a suitable John D. Garrity, Landholding Agency: GSA property, providers should submit their Property Number: 54200020019 Director, Office of Special Needs Assistance written expressions of interest as soon Status: Excess Programs. as possible. For complete details Comment: 120 sq. ft. cinder block bldg. and concerning the processing of Title V, Federal Surplus Property Program a 300′ tower applications, the reader is encouraged to Federal Register Report for 9/28/01 GSA Number: 1–D–IL–724 refer to the interim rule governing this Suitable/Available Properties Kentucky program, 24 CFR part 581. Buildings (by State) Soc. Sec. Admin. Fed. Bldg. For properties listed as suitable/to be 614 Master Street excess, that property may, if Alabama Corbin Co: KY 40702– subsequently accepted as excess by Federal Bldg. Landholding Agency: GSA GSA, be made available for use by the 301 Third Ave. Property Number: 54200120001 homeless in accordance with applicable Cullman Co: AL 35055– Status: Excess law, subject to screening for other Landholding Agency: GSA Comment: approx. 9078 sq. ft., some repair Property Number: 54200120005 needed, presence of asbestos/lead paint, Federal use. At the appropriate time, most recent use—offices HUD will publish the property in a Status: Excess Comment: 30,887 sq. ft., 2-story, most recent GSA Number: 4–G–KY–609 Notice showing it as either suitable/ use—office Maryland available or suitable/unavailable. GSA Number: 4–G–AL–769 For properties listed as suitable/ La Plata Housing unavailable, the landholding agency has California Radio Station Rd. decided that the property cannot be Bldg. 50 La Plata Co: Charles MD Landholding Agency: GSA declared excess or made available for Naval Postgraduate School Monterey Co: CA 93943– Property Number: 54200110006 use to assist the homeless, and the Landholding Agency: Navy Status: Excess property will not be available. Property Number: 77200130106 Comment: townhouse complex of 20 units, 3- Properties listed as unsuitable will Status: Excess bedroom units = 997 sq. ft., 1115 sq. ft., not be made available for any other Comment: 252 sq. ft., needs rehab, presence and 1011 sq. ft., needs rehab, presence of purpose for 20 days from the date of this of asbestos, most recent use—storage asbestos/lead paint Notice. Homeless assistance providers Bldg. 58 GSA Number: 4–N–MD–601 interested in a review by HUD of the Naval Postgraduate School 29 Bldgs. determination of unsuitability should Monterey Co: CA 93943– Walter Reed Army Medical Center call the toll free information line at 1– Landholding Agency: Navy Forest Glen Annex, Linden Lane 800–927–7588 for detailed instructions Property Number: 77200130107 Silver Spring Co: Montgomery MD 20910– Status: Excess 1246 or write a letter to Clifford Taffet at the Location: 24 bldgs. are in poor condition, address listed at the beginning of this Comment: 1200 sq. ft., needs rehab, presence of asbestos/lead paint, most recent use— presence of asbestos/lead paint, most Notice. Included in the request for storage recent use—hospital annex, lab, office review should be the property address Landholding Agency: GSA Bldg. 203 (including zip code), the date of Property Number: 54200130012 Naval Postgraduate School Status: Excess publication in the Federal Register, the Monterey Co: CA 93943– Comment: Historic Preservation Covenants landholding agency, and the property Landholding Agency: Navy will impact reuse, property will not be number. Property Number: 77200130108 parcelized for disposal, high cost For more information regarding Status: Excess associated w/maintenance, estimated cost particular properties identified in this Comment: 7956 sq: ft., presence of asbestos, to renovate $17 million Notice (i.e., acreage, floor plan, existing most recent use—admin. GSA Number: 4–D–MD–558–B sanitary facilities, exact street address), Bldg. 209A Massachusetts providers should contact the Naval Postgraduate School appropriate landholding agencies at the Monterey Co: CA 93943– Cross Terrace following addresses: AIR FORCE: Ms. Landholding Agency: Navy S. Weymouth Naval Air Station Barbara Jenkins, Air Force Real Estate Property Number: 77200130109 S. Weymouth Co: MA Landholding Agency: GSA Agency, (Area-MI), Bolling Air Force Status: Excess Comment: 1826 sq. ft., presence of asbestos/ Property Number: 54200110004 Base, 112 Luke Avenue, Suite 104, lead paint, most recent use—sotorage Status: Excess Building 5683, Washington, DC 20332– Bldg. 258 Comment: 5 one story, 2 bedroom duplex 8020; (202) 767–4184; GSA: Mr. Brian Naval Postgraduate School housing units, needs rehab, off-site use only K. Polly, Assistant Commissioner, Monterey Co: CA 93943– GSA Number: 1–U–MA–860 General Services Administration, Office Landholding Agency: Navy of Property Disposal, 18th and F Streets, Property Number: 77200130110 USCG Air Station NW, Washington, DC 20405; (202) 501– Status: Excess Cape Cod Co: Barnstable MA 0052; INTERIOR: Ms. Linda Tribby, Comment: 6468 sq. ft., presence of asbestos/ Landholding Agency: GSA Acquisition & Property Management, lead paint, most recent use—firehouse Property Number: 54200110005 Status: Underutilized Department of the Interior, 1849 C Illinois Comment: 60—2 & 3 bedroom housing units, Street, NW, Washington, DC 20240; Milo Comm. Tower Site may be difficulty in moving foundation, (202) 219–0728; NAVY: Mr. Charles C. 350 N. Rt. 8 off-site use only Cocks, Director, Department of the Milo Co: Bureau IL 56142– GSA Number: 1–U–MA–859
VerDate 11
Michigan Comment: 45,977 sq. ft., needs repair, Virginia Natl Weather Svc Ofc presence of asbestos, most recent use— Bldg. R–49 214 West 14th Ave. office Naval Station Sault Ste. Marie Co: Chippewa MI GSA Number: 1–G–NY–760A Norfolk Co: VA 23511–3095 Landholding Agency: GSA Naval Reserve Center Landholding Agency: Navy Property Number: 54200120010 Frankfort Co: Herkimer NY Property Number: 77200130128 Status: Excess Landholding Agency: GSA Status: Excess Comment: 2230 sq. ft., presence of asbestos, Property Number: 54200040006 Comment: 12506 sq. ft., extensive termite most recent use—office Status: Excess destruction, presence of asbestos, most GSA Number: 1–C–MI–802 Comment: 23,800 sq. ft., brick, good recent use—admin., off-site use only condition, most recent use—training center Minnesota Bldg. SP–122 GSA Number: 1–D–NY–874 Naval Station GAP Filler Radar Site Lockport Comm. Facility Annex Norfolk Co: VA 23511–3095 St. Paul Co: Rice MN 55101– 6625 Shawnee Road Landholding Agency: Navy Landholding Agency: GSA Wheatfield Co: NY 14120– Property Number: 77200130129 Property Number: 54199910009 Landholding Agency: GSA Status: Excess Status: Excess Property Number: 54200120009 Comment: 1994 sq. ft., needs rehab, presence Comment: 1266 sq. ft., concrete block, Status: Excess of asbestos, most recent use—instructions presence of asbestos/lead paint, most Comment: 3334 sq. ft., presence of asbestos, bldg., off-site use only recent use—storage, zoning requirements, most recent use—admin/storage Bldg. Z–206 preparations for a Phase I study underway, GSA Number: 1–D–NY–885 Naval Station possible underground storage tank Pennsylvania Norfolk Co: VA 23511– GSA Number: 1–GR(1)–MN–475 Landholding Agency: Navy Uniontown Fed. Bldg. Nevada Property Number: 77200130130 34 West Peter Street Status: Excess 6 Cabins Uniontown Co: Fayette PA 15401–3336 Comment: 37499 sq. ft., needs rehab, most #70, 14, 24, 5, 2, 21 Landholding Agency: GSA recent use—shed, off-site use only Lake Meade, 601 Nevada Highway Property Number: 54200110009 West Virginia Boulder Co: NV 89005– Status: Excess Landholding Agency: Interior Comment: 24,031 sq. ft., office space, Beckley Fed. Bldg. Property Number: 61200130011 possible lead paint/asbestos, hostoric 400 Neville Street Status: Unutilized property Beckley Co: Raleigh WV 25801– Comment: vacation cabins, remote location, GSA Number: 4–G–PA–789 Landholding Agency: GSA Property Number: 54200110002 entranced fee required, presence of Uniontown Federal Bldg. Status: Excess asbestos, off-site use only 34 West peter Street Comment: 2 story, good condition, presence Uniontown Co: Fayette PA 15401–3336 New Jersey of asbestos—pipes Landholding Agency: GSA Old Bridge Housing GSA Number: 4–5–WV–538 Property Number: 54200110011 Route 9 Status: Excess Land (by State) Old Bridge Co: NJ 08857– Comment: 24,031 sq. ft., office space, Landholding Agency: GSA Missouri presence of asbestos/possible lead paint, Property Number: 54199940010 historic property Improved Land Status: Excess GSA Number: 4–G–PA–789 St. Louis Army Ammunition Plant Comment: 12 three bedroom housing units, 4800 Goodfellow Blvd. no long-term wastewater treatment system South Carolina St. Louis Co: MO 63120–1798 for property, presence of asbestos/lead Greenwood Fed. Bldg. Landholding Agency: GSA paint, needs repair 120 Main Street Property Number: 54200110007 GSA Number: 0–0–NJ–000 Greenwood Co: SC 29646– Status: Surplus Holmdel Housing Site Landholding Agency: GSA Comment: 21 acres w/2 large bldgs. and Telegraph Hill Road Property Number: 54200120012 numerous small bldgs. situated on 13 Holmdel Co: Monmouth NJ 07733– Status: Excess acres, 5 acres = parking lot and streets, Landholding Agency: GSA Comment: 35,782 sq. ft., presence of asbestos, presence of asbestos/lead paint, clean-up Property Number: 54200040005 possible lead paint, most recent use— required to state regulator standards Status: Excess office, historic preservation covenents GSA Number: 000000 Comment: 12 housing units on 5.59 acres, GSA Number: 4–G–SC–601 Ohio 1196 sq ft. each, extreme disrepair SSA/Fed. Bldg. Jersey Tower Site GSA Number: 1–N–NJ–622 404 East Main Street. Tract No. 100 & 100E New York Rock Hill Co: York SC 29730– Jersey Co: Licking OH 00000– Landholding Agency: GSA Landholding Agency: GSA ‘‘Terry Hill’’ Property Number: 54200120013 Property Number: 54199910013 County Road 51 Status: Surplus Status: Surplus Manorville NY Comment: 45895 sq. ft., presence of asbestos, Comment: 4.24 acres, subject to preservation Landholding Agency: GSA most recent use—office. of wetlands Property Number: 54199830008 GSA Number 4–SC–600 GSA Number: 1–W–OH–813 Status: Surplus Comment: 2 block structures, 780/272 sq. ft., Tennessee Licking County Tower Site Summit & Haven Corner Rds. no sanitary facilities, most recent use— Marine Corps Rsv Center storage/comm. facility, w/6.19 acres in fee Pataskala Co: Licking OH 43062– 2109 W. Market St. Landholding Agency: GSA and 4.99 acre easement, remote area Johnson City Co: Washington TN 37604 GSA Number: 1–D–NY–864 Property Number: 54200020021 Landholding Agency: GSA Status: Excess Binghampton Depot Property Number: 54200120003 Comment: Parcel 100 = 3.67 acres, Parcel Nolans Road Status: Surplus 100E = 0.57 acres Binghampton Co: NY 00000– Comment: 4 bldgs., presence of asbestos/lead GSA Number: 1–W–OH–813 Landholding Agency: GSA paint, possible environmental restrictions, Property Number: 54199910015 most recent use—training/storage. Pennsylvania Status: Excess GSA Number: 4–N–TN–0651 Gwen Site #868
VerDate 11
Bonneauville Property Number: 54200020007 area, contamination at site—environmental Smith Road Status: Excess clean up in process Gettysburg Co: Adams PA Comment: 130,000 sq. ft., multi-story on GSA Number; 4–D–NC–593 Landholding Agency: GSA 17.79 acres, extensive rehab required, Vehicle Maint. Facility Property Number: 54200040007 presence of asbestos/lead paint/pigeon 310 New Bern Ave. Status: Surplus infestation, subj. to easements, eligible for Raleigh Co: Wake NC 27601– Comment: 13.85 acres, most recent use—to Nat’l Register Landholding Agency: GSA support communication GSA Number: 4–G–MD–565A Property Number: 54200020012 GSA Number: 4–D–PA–0788 Cheltenham Naval Comm. Dtchmt. Status: Excess Suitable/Unavailable Properties 9190 Commo Rd., AKA 7700 Comment: 10,455 sq. ft., most recent use— Redman Rd. maintenance garage Buildings (by State) Clinton Co: Prince George MD 20397–5520 GSA Number; NC076AB Alabama Landholding Agency: GSA Goldsboro Federal Bldg. Property Number: 77199330010 134 North John Street Residence 1223 Status: Excess 204 Akin Drive Goldsboro Co: Wayne NC 27530– Comment: 32 bldgs., various sq. ft., most Landholding Agency: GSA Tuskegee Co: Macon AL 36083– recent use—admin/comm, & 39 family Landholding Agency: GSA Property Number: 54200020016 housing units on 230.35 acres, presence of Status: Excess Property Number: 54200020023 lead paint/asbestos, 20.09 acres leased to Status: Excess Comment: 24,492 sq. ft., presence of County w/improvements asbestos/lead paint Comment: 1375 sq. ft., brick veneer, most GSA Number: 4–N–MD–544A recent use—residential GSA Number: 4–G–NC–736 GSA Number: 4–A–AL–768 Michigan Tennessee Georgia Detroit Job Corps Center 3 Facilities, Guard Posts 10401 E. Jefferson & 1438 Garland; Volunteer Army Ammunition Plant Federal Building 1265 St. Clair 109 N. Main Street Chattanooga Co: Hamilton TN 37421– Detroit Co: Wayne MI 42128– Landholding Agency: GSA Lafayette Co: Walker GA 30728– Landholding Agency: GSA Landholding Agency: GSA Property Number: 54199930011 Property Number: 54199510002 Status: Surplus Property Number: 54199910014 Status: Surplus Status: Excess Comment: 48–64 sq. ft., most recent use— Comment: Main bldg. is 80,590 sq. ft., 5- access control, property was published in Comment: approx. 4761 sq. ft., does not meet story, adjacent parking lot, 2nd bldg. on St. ADA requirements for accessibility, error as available on 2/11/00 Clair Ave. is 5140 sq. ft., presence of GSA Number: 4–D–TN–594F easements/reservations restrictions, asbestos in main bldg., to be vacated 8/97 historic protective covenants GSA Number: 2–L–MI–757 4 Bldgs. GSA Number: 4–G–GA–858 Volunteer Army Ammunition Plant Minnesota U.S. Post Office/Courthouse Railroad System Facilities 337 W. Broad St. MG Clement Trott Mem. USARC Chattanooga Co: Hamilton TN 37421– Albany Co: Dougherty GA 31702– Walker Co: Cass MN 56484– Landholding Agency: GSA Landholding Agency: GSA Landholding Agency: GSA Property Number: 54199930012 Property Number: 54200120002 Property Number: 54199930003 Status: Surplus Status: Excess Status: Excess Comment: 144–2,420 sq. ft., most recent Comment: 4800 sq. ft., presence of asbestos/ Comment: 4320 sq. ft. training center and use—storage/rail weighting facilities/dock, lead paint, historic preservation covenants, 1316 sq. ft. vehicle maintenance shop, potential use restrictions, property was most recent use—Fed. ofcs/P.O./ presence of environmental conditions published in error as available on 2/11/00 Courthouse GSA Number: 1–D–MN–575 GSA Number: 4–D–TN–594F GSA Number: 4–G–GA–866A Mississippi 200 bunkers Illinois Federal Building Volunteer Army Ammunition Plant 236 Sharkey Street Storage Magazines Radar Communication Link Chattanooga Co: Hamilton TN 37421– 1⁄2 mi east of 116th St. Clarksdale Co: Coahoma MS 38614– Landholding Agency: GSA Landholding Agency: GSA Co: Will IL Property Number: 54199930014 Landholding Agency: GSA Property Number: 54199910004 Status: Excess Status: Surplus Property Number: 54199820013 Comment: approx. 200 concrete bunkers Status: Excess Comment: 15,233 sq. ft., courthouse GSA Number: 4–G–MS–553 covering a land area for approx. 4000 acres, Comment: 297 sq. ft., concrete block bldg. most recent use—storage/buffer area, with radar tower antenna, possible lead Missouri potential use restrictions, property was based paint, most recent use—air traffic Hardesty Federal Complex published in error as available on 2/11/00 control 607 Hardesty Avenue GSA Number: 4–D–TN–594F GSA Number: 2–U–IL–696 Kansas City Co: Jackson MO 64124–3032 Bldg. 232 Maryland Landholding Agency: GSA Volunteer Army Ammunition Plant Washington Court Apartments Property Number: 54199940001 Chattanooga Co: Hamilton TN 37421– Maryland Rt. 755 Status: Excess Landholding Agency: GSA Edgewood Co: Harford MD 21040– Comment: 7 warehouses and support Property Number: 54199930020 Landholding Agency: GSA buildings (540 to 216,000 sq. storage/office, Status: Surplus Property Number: 5419994005 utilities easement Comment: 10,000 sq. ft., most recent use— Status: Excess GSA Number: 7–G–MO–637 office, presence of asbestos, approx. 5 acres Comment: 55 bldgs. housing 276 apartments, North Carolina associated w/bldg., potential use (2 to 4 bedrooms), need repairs, presence Barhell Army Missile Plant restrictions, property was published in of lead based paint, property published in Burlington Co: Alamance NC 27215– error as available on 2/11/00 error as available on 2/11/00 Landholding Agency: GSA GSA Number: 4–D–TN–594F GSA Number: 4–D–MD–559 Property Number: 54199820002 2 Laboratories De LaSalle Bldg. Status: Excess Volunteer Army Ammunition Plant 4900 LaSalle Road Comment: 31 bldgs., presence of asbestos, Chattanooga Co: Hamilton TN 37421– Avondale Co: Prince George MD 20782– most recent use—admin., warehouse, Landholding Agency: GSA Landholding Agency: GSA production space and 10.04 acres parking Property Number: 54199930021
VerDate 11
Status: Surplus Landholding Agency: GSA Unsuitable Properties Comment: 2000–12,000 sq. ft., potential use/ Property Number: 54199940004 Buildings (by State) lease restrictions, property was published Status: Excess in error as available on 2/11/00 Comment: 2 admin. bldgs. (15,593 sq. ft.), 1 Alabama GSA Number: 4–D–TN–594F garage (1325 sq. ft.), need repairs, property Sand Island Light House 3 Facilities was published in error as availabe on 2/11/ Gulf of Mexico Volunteer Army Ammunition Plant 00 Mobile AL Water Distribution Facilities GSA Number: 1–D–WI–597 Landholding Agency: GSA Chattanooga Co: Hamilton TN 37421– Property Number: 54199610001 Land (by State) Landholding Agency: GSA Status: Excess Property Number: 54199930022 Maryland Reason: Inaccessible Status: Surplus GSA Number: 4–U–AL–763 12.52 acres Comment: 256–15,204 sq. ft., 35.86 acres Casson Neck Mobile Point Light associated w/bldgs., most recent use— Gulf Shores Co: Baldwin AL 36542– Cambridge Co: Dorchester MD 00000– water distribution system, potential use/ Landholding Agency: GSA Landholding Agency: GSA lease restrictions, property was published Property Number: 54199940011 in error as available on 2/11/00 Property Number: 54200020020 Status: Excess GSA Number: 4–D–TN–594F Status: Excess Reason: Within 2000 ft. of flammable or Comment: 12.52 acres, possible restrictions Naval Hospital explosive material due to wetlands 5720 Integrity Drive GSA Number: 4–U–AL–767 GSA Number: 4–U–MD–600A Millington Co: Shelby TN 38054– Arizona Location: Bldgs. 98, 100, 103, 105, 111, 114, Mississippi Bldgs. 301, 302, 303, 304 116, 117, 118 Proposed Site Lake Mead Landholding Agency: GSA Army Reserve Center Willow Beach Co: Mojave AZ Property Number: 54200020005 Waynesboro Co: Wayne MD 39367– Landholding Agency: Interior Status: Excess Landholding Agency: GSA Property Number: 61200130012 Comment: 9 bldgs., various sq. ft., need major Property Number: 54200010005 Status: Unutilized rehab Status: Excess Reason: Extensive deterioration GSA Number: 4–N–TN–648 Comment: 7.60 acres, most recent use—pine Florida West Virginia plantation, periodic flooding, possible Cape St. George Lighthouse wetlands on 30–40% of property Moundsville Federal Bldg. St. George Island Co: Franklin FL 32328– GSA Number: 4–D–MS–0555 7th Street Landholding Agency: GSA Moundsville Co: Marshall WV 26041– North Carolina Property Number: 54199940012 Landholding Agency: GSA Status: Excess Property Number: 54200020024 6.45 acres Portion of McKinney Lake Reasons: Floodway, Extensive deterioration Status: Excess GSA Number: 4–U–FL–1167 Comment: 9674 sq. ft., good condition, Fish Hatchery presence of asbestos, most recent use— Millstone Church Road Boca Grande Range office space Hoffman Co: Richmond NC 28347– Rear Light GSA Number: 4–G–WV–535 Landholding Agency: GSA Gasparila Island Co: Lee FL 33921– Landholding Agency: GSA Old Post Office Property Number: 54200020011 Status: Excess Property Number: 54199940013 Maple & King Streets Status: Excess Martinsburg Co: Berkeley WV 25401– Comment: 6.45 acres, most recent use— outdoor horticulture classes Reason: Floodway Landholding Agency: GSA GSA Number: 4–U–FL–1169 Property Number: 54200030004 Puerto Rico Status: Excess Sanibel Island Light La Hueca—Naval Station Comment: 22,845 sq. ft., presence of Sanibel Co: Lee FL 33957– Roosevelt Roads asbestos/lead paint, most recent use— Landholding Agency: GSA Vieques PR 00765– office/storage, included on the Natl Property Number: 5419994014 Register of Historic Places Landholding Agency: GSA Status: Excess GSA Number: 4–G–WV–537 Property Number: 54199420006 Reason: Floodway Status: Excess GSA Number: 4–U–FL–1162 Former Army Rsv Ctr Comment: 323 acres, cultural site 201 Kanawha Avenue ‘‘Storage Bldg.’’ Rainelle Co: WV 25962–1107 Bahia Rear Range Light Naval Air Station Landholding Agency: GSA Ocean Drive Key West Co: Monroe FL 33040– Property Number: 54200030006 Catano Co: PR 00632– Landholding Agency: Navy Status: Excess Landholding Agency: GSA Property Number: 77200130138 Comment: needs repair, possible asbestos/ Property Number: 54199940003 Status: Underutilized lead paint Status: Excess Reason: Secured Area GSA Number: 4–D–WV–536 Comment: 0.167 w/skeletal tower, fenced, aid Bldg. A–108 Naval Air Station Wisconsin to navigation GSA Number: 1–T–PR–508 Key West Co: Monroe FL 33040– Wausau Federal Building Landholding Agency: Navy Tennessee 317 First Street Property Number: 77200130139 Wausau Co: Marathon WI 54401– 1500 acres Status: Unutilized Landholding Agency: GSA Volunteer Army Ammunition Plant Reason: Within 2000 ft. of flammable or Property Number: 54199820016 Chattanooga Co: Hamilton TN 37421– explosive material, Secured Area Status: Excess Landholding Agency: GSA Bldg. A–109 Comment: 30,500 sq. ft., presence of asbestos, Property Number: 54199930015 Naval Air Station eligible for listing on the Natl Register of Status: Surplus Key West Co: Monroe FL 33040– Historic Places, most recent use—office Comment: scattered throughout facility, most Landholding Agency: Navy GSA Number: 1–G–WI–593 recent use—buffer area, steep topography, Property Number: 77200130140 Army Reserve Center potential use restrictions, property was Status: Unutilized 401 Fifth Street published in error as available on 2/11/00 Reasons: Within 2000 ft. of flammable or Kewaunee Co: WI 54216–1838 GSA Number: 4–D–TN–594F explosive material, Secured Area
VerDate 11
Bldg. A–134 Property Number: 18200130017 GSA Number: 1–U–MI–444B Naval Air Station Status: Unutilized Tracts 100–2, 100–3 Key West Co: Monroe FL 33040– Reason: Extensive deterioration Calumet Air Force Station Landholding Agency: Navy Stored Products Insects Calumet Co: Keweenaw MI 49913– Property Number: 77200130141 R&D Lab Landholding Agency: GSA Status: Unutilized 3401 Edwin Street Property Number: 54199840004 Reasons:Within 2000 ft. of flammable or Savannah Co: Chatham GA 31403– Status: Excess explosive material, Within airpirt runway Landholding Agency: GSA Reason: No legal access clear zone, Secured Area Property Number: 54200010003 GSA Number: 1–D–MI–659A Bldg. A–227 Status: Excess Navy Housing Naval Air Station Reason: Floodway 64 Barberry Drive Key West Co: Monroe FL 33040– GSA Number: 4–A–GA–861 Springfield Co: Calhoun MI 49015– Landholding Agency: Navy Range Rear Light Landholding Agency: GSA Property Number: 77200130142 Blythe Island Property Number: 54200020013 Status: Underutilized Brunswick Co: Glynn GA 31525– Status: Excess Reasons: Within airport runway clear zone, Landholding Agency: GSA Reason: Within 2000 ft. of flammable or Secured Area Property Number: 54200020001 explosive material Bldg. A–515 Status: Excess GSA Number: 1–N–MI–795 Naval Air Station Reason: Extensive deterioration Stroh Army Reserve Center Key West Co: Monroe FL 33040– GSA Number: 4–U–GA–863 17825 Sherwood Ave. Landholding Agency: Navy Idaho Detroit Co: Wayne MI 00000– Property Number: 772200130143 Landholding Agency: GSA Status: Underutilized Moore Hall U.S. Army Rsve Ctr Property Number: 54200040001 Reasons: Within airport runway clear zone, 1575 N. Skyline Dr. Status: Surplus Secured Area Idaho Falls Co: Bonneville ID 83401– Reason: Within 2000 ft. of flammable or Bldg. A–963 Landholding Agency: GSA explosive material Naval Air Station Property Number: 21199720207 GSA Number: 1–D–MI–798 Status: Excess Key West Co: Monroe FL 33040– Minnesota Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Property Number: 77200130144 explosive material Naval Ind. Rsv Ordnance Plant Status: Unutilized GSA Number: 9–D–ID–544 Minneapolis Co: MN 55421–1498 Reason: Secured Area Rexburg Army Reserve Center Landholding Agency: GSA Property Number: 54199930004 Bldg. A–993 379 S. 2nd St. East Status: Excess Naval Air Station Rexburg Co: Madison ID 83440– Reason: Within 2000 ft. of flammable or Key West Co: Monroe FL 33040– Landholding Agency: GSA explosive material Landholding Agency: Navy Property Number: 54200110001 GSA Number: 1–N–MN–570 Property Number: 77200130145 Status: Excess Status: Unutilized Reason: Within 2000 ft. of flammable or Nike Battery Site, MS–40 Reason: Secured Area explosive material Castle Rock Township Farmington Co: Dakota MN 00000– Bldg. A–4067 GSA Number: 9–D–ID–546 Landholding Agency: GSA Naval Air Station Illinois Property Number: 54200020004 Key West Co: Monroe FL 33040– Navy Family Housing Landholding Agency: Navy Status: Surplus 18-units Reason: Within 2000 ft. of flammable or Property Number: 77200130146 Hanna City Co: Peoria IL 61536– Status: Unutilized explosive material Landholding Agency: GSA GSA Number: 1–I–451–B Reason: Within 2000 ft. of flammable or Property Number: 54199940018 Nevada explosive material. Within airport runway Status: Excess clear zone. Secured Area Reason: Within 2000 ft. of flammable or Former Weather Service Office ‘‘Washrack’’ explosive material Winnemucca Airport Naval Air Station GSA Number: 1–N–IL–723 Winnemucca Co: Humbolt NV 89445– Key West Co: Monroe FL 33040– Landholding Agency: GSA Landholding Agency: Navy Kansas Property Number: 54199810001 Property Number: 77200130147 Sunflower AAP Status: Excess Status: Unutilized DeSoto Co: Johnson KS 66018– Reason: Within airport runway clear zone Reason: Secured Area Landholding Agency: GSA GSA Number: 9–C–NV–509 Bldg. V–1005 Property Number: 54199830010 6 Bldgs. Naval Air Station Status: Excess Dale Street Complex Key West Co: Monroe FL 33040– Reason: Extensive deterioration 300, 400, 500, 600, Block Bldg, Valve House Landholding Agency: Navy GSA Number: 7–D–KS–0581 Boulder City Co: NV 89005– Property Number: 77200130148 Michigan Landholding Agency: GSA Status: Underutilized Property Number: 54200020017 Parcel 14, Boat House Reason: Secured Area Status: Excess East Tawas Co: Iosco MI Bldg. V–4064 Reason: Extensive deterioration Landholding Agency: GSA Naval Air Station GSA Number: LC–00–01–RP Property Number: 54199730014 Key West Co: Monroe FL 33040– Status: Excess New Jersey Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77200130149 Telephone Repeater Site GSA Number: 1–U–MI–500 Status: Underutilized U.S. Coast Guard Reason: Secured Area Round Island Passage Light Monmouth Beach Co: Monmouth Beach NJ Lake Huron 07750– Georgia Lake Huron Co: Mackinac MI Landholding Agency: GSA Bldg. 811 Landholding Agency: GSA Property Number: 54199910001 Robins AFB Property Number: 54199730019 Status: Excess Warner Robins Co: GA 31098– Status: Excess Reason: Extensive deterioration Landholding Agency: Air Force Reason: Inaccessible GSA Number: 1–U–NJ–628
VerDate 11
30 Bldgs. Offices (Southern Portion) Status: Unitilized Camp Charles Wood Chattanooga Co: Hamilton TN 37421– Reason: Extensive deterioration Ft. Monmouth Co: Eatontown NJ Landholding Agency: GSA Bldg. B1361 Landholding Agency: GSA Property Number: 54199930023 Naval Surface Warfare Center Property Number: 5420020008 Status: Surplus Dahlgren Co: King George, VA 22448– Status: Excess Reason: Within 2000 ft. of flammable or Landholding Agency: Navy Reason: Within 2000 ft. of flammable or explosive material Property Number: 77200130118 explosive material GSA Number: 4–D–TN–594F Status: Unitilized GSA Number: 1–D–NJ–470f Army Reserve Center #2 Reason: Extensive deterioration New York 360 Ornamental Metal Museum Dr. Bldg. B1360 Memphis Co: Shelby TN 38106– 2 Offshore Lighthouses Naval Surface Warfare Center Landholding Agency: GSA Great Lakes NY Dahlgren Co: King George, VA 22448– Property Number: 54200120004 Landholding Agency: GSA Landholding Agency: Navy Status: Surplus Property Number: 54199630015 Property Number: 77200130119 Reasons: Within 2000 ft. of flammable or Status: Excess Status: Unitilized explosive material, Extensive deterioration Reason: Extensive deterioration Reason: Extensive deterioration GSA Number: 4–D–TN–0650 Turkey Point Light Bldg. B1362 Saugerties Co: Ulster NY Texas Naval Surface Warfare Center Landholding Agency: GSA Station Port Mansfield Dahlgren Co: King George, VA 22448– Property Number: 54200120014 Port Mansfield Co: Willary TX 78598– Landholding Agency: Navy Status: Excess Landholding Agency: GSA Property Number: 77200130120 Reason: Floodway Property Number: 54199930008 Status: Unitilized GSA Number: 1–U–NY–880 Status: Surplus Reason: Extensive deterioration Ohio Reason: Floodway Bldg. B9409 GSA Number: 7–U–TX–1057 Naval Surface Warfare Center Toledo Harbor Lighthouse Virginia Dahlgren Co: King George, VA 22448– Lake Erie Landholding Agency: Navy Toledo Co: Lucas OH 43611– Bldg. A137 Property Number: 77200130121 Landholding Agency: GSA Naval Amphibious Base Status: Unitilized Property Number: 54199710014 Norfolk Co: VA 23521–3229 Reason: Extensive deterioration Status: Excess Landholding Agency: Navy Reason: Inaccessible Property Number: 77200130111 Bldg. B9412 Naval Surface Warfare Center GSA Number: 1–U–OH–801 Status: Excess Dahlgren Co: King George VA 22448– Reason: Extensive deterioration Tennessee Landholding Agency: Navy 22 Bldgs. Bldg. 3034 Property Number: 77200130122 Volunteer Army Ammunition Plant Naval Amphibious Base Status: Unutilized Warehouses (Southern Portion) Norfolk Co: VA 23521–3229 Reason: Extensive deterioration Landholding Agency: Navy Chattanooga Co: Hamilton TN 37421– Bldg. B9436 Property Number; 77200130112 Landholding Agency: GSA Naval Surface Warfare Center Status: Excess Property Number: 54199930016 Dahlgren Co: King George VA 22448–5100 Reason: Extensive deterioration Status: Surplus Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Bldg. SP–228 Property Number: 77200130123 explosive material Naval Station Status: Unutilized GSA Number: 4–D–TN–594F Norfolk Co: VA 23511– Reason: Extensive deterioration 17 Bldgs. Landholding Agency: Navy Bldg. B9445 Volunteer Army Ammunition Plant Property Number: 77200130113 Naval Surface Warfare Center Acid Production Status: Excess Dahlgren Co: King George VA 22448–5100 Chattanooga Co: Hamilton TN 37421– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: GSA Bldgs. 24143, 24142 Property Number: 77200130124 Property Number: 54199930017 Marine Corps Base Status: Unutilized Status: Surplus Quantico Co: VA 22134– Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Bldg. B9446 explosive material contamination Property Number: 77200130114 Naval Surface Warfare Center GSA Number; 4–D–TN–594F Status: Excess Dahlgren Co: King George VA 22448– 41 Facilities Reason: Extensive deterioration Landholding Agency: Navy Volunteer Army Ammunition Plant Bldgs. 55, 3233 Property Number: 77200130125 TNT Production Marine Corps Base Status: Unutilized Chattanooga Co: Hamilton TN 37421– Quantico Co: VA 22134– Reason: Extensive deterioration Landholding Agency: GSA Landholding Agency: Navy Bldg. B9461 Property Number: 54199930018 Property Number: 77200130115 Naval Surface Warfare Center Status: Surplus Status: Excess Dahlgren Co: King George VA 22448– Reason: contamination Reason: Extensive deterioration Landholding Agency: Navy GSA Number: 4–D–TN–594F Bldg. B260 Property Number: 77200130126 Tennessee Naval Surface Warfare Center Status: Unutilized 5 Facilities Dahlgren Co: King George, VA 22448–5100 Reason: Extensive deterioration Volunteer Army Ammunition Plant Landholding Agency: Navy Bldg. B9462 Waste Water Treatment Property Number: 77200130116 Naval Surface Warfare Center Chattanooga Co: Hamilton TN 37421– Status: Unitilized Dahlgren Co: King George VA 22448– Landholding Agency: GSA Reason: Extensive deterioration Landholding Agency: Navy Property Number: 54199930019 Bldg. B452 Property Number: 77200130127 Reason: Extensive deterioration Naval Surface Warfare Center Status: Unutilized GSA Number: 4–D–TN–594A Dahlgren Co: King George, VA 22448– Reason: Extensive deterioration 6 Bldgs. Landholding Agency: Navy Bldg. LF–38 Volunteer Army Ammunition Plant Property Number: 77200130117 Naval Station
VerDate 11
Norfolk Co: VA 23511– Landholding Agency: GSA Commercial Fisheries Compensation Landholding Agency: Navy Property Number: 54200040004 Plan. Property Number: 77200130131 Status: Excess Status: Excess Reason: contamination SUMMARY: In accordance with Section Reason: Extensive deterioration GSA Number: 4–G–DC–0478 123 of the Omnibus Consolidated and Bldgs. NM35, NM36, NM47 Florida Emergency Appropriations Act of FY Naval Station (P) Ponce de Leon Inlet 1999, as amended, the National Park Norfolk Co: VA 23511– 2999 N. Peninsula Ave. Service is implementing the Glacier Bay Landholding Agency: Navy New Smyrna Beach Co: Volusia FL 32169– National Park Commercial Fisheries Property Number: 77200130132 Landholding Agency: GSA Status: Excess Compensation Plan. Property Number: 54199940015 Applications for compensation under Reason: Extensive deterioration Status: Excess Bldg. U–41 this plan are being accepted for a 120- Reason: Floodway day period beginning on September 28, Naval Station GSA Number: 4–U–FL–1170 Norfolk Co: VA 23511– 2001 and ending on January 28, 2002. Landholding Agency: Navy Kentucky Application instruction packets are Property Number: 77200130133 9 Tracts available at: Glacier Bay National Park Status: Excess Daniel Boone National Forest and Preserve, Juneau Field Office, 2770 Reason: Extensive deterioration Co: Owsley KY 37902– Sherwood Lane, Suite I, Juneau, AK Bldg. SP–67 Landholding Agency: GSA 99801–8545, Phone 907–586–7027, FAX Property Number: 54199620012 Naval Station 907–586–7097. Norfolk Co: VA 23511– Status: Excess Reason: Floodway This Compensation Plan will involve Landholding Agency: Navy information collection from ten or more Property Number: 77200130134 GSA Number: 4–G–KY–607 Status: Excess Massachusetts parties. A federal agency may not Reason: Extensive deterioration conduct or sponsor, and a person is not USCG Loran Station required to respond to, a collection of Bldg. SP–70 Siasconset Co: Nantucket MA 20564–0880 Naval Station Landholding Agency: GSA information unless it displays a Norfolk Co: VA 23511– Property Number 54200040008 currently valid OMB control number. Landholding Agency: Navy Status: Excess Therefore, under the provisions of the Property Number: 77200130135 Reason: Within 2000 ft. of flammable or Paperwork Reduction Act of 1995 and 5 Status: Excess explosive material CFR Part 1320, Reporting and Reason: Extensive deterioration GSA Number: 1–U–MA–858 RecordKeeping Requirements, The Bldg. SP–71 Michigan National Park Service requested an Naval Station Port/EPA Large Lakes Rsch Lab emergency approval of the information Norfolk Co: VA 23511– Grosse Ile Twp Co: Wayne MI collection requirements of this Landholding Agency: Navy Landholding Agency: GSA Property Number: 77200130136 Compensation Plan. The Office of Property Number 54199720022 Status: Excess Management and Budget has approved Status: Excess Reason: Extensive deterioration the request under OMB control number Reason: Within airport runway clear zone 1024–0240, with an expiration date of Bldg. LP–159 GSA Number: 1–Z–MI–554–A Naval Station February 28, 2002. Ohio Norfolk Co: VA 23511– Information will be collected from Landholding Agency: Navy Lewis Research Center respondents by mail using the process Property Number: 77200130137 Cedar Point Road described in the Glacier Bay Status: Excess Cleveland Co: Cuyahoga OH 44135— Commercial Fishing Compensation Plan Reason: Extensive deterioration Landholding Agency: GSA Part V and will be sent to the Glacier Property Number 54199610007 Bay Office of Commercial Fishing Land (by State) Status: Excess Compensation to be used by the park Alaska Reason: Within 2000 ft. of flammable or explosive material. Within airport runway superintendent to establish eligibility to 2.3 acre site clear zone obtain compensation for the inability to Dillingham Small Boat Harbor GSA Number: 2–Z–OH–598–I fish in the waters of Glacier Bay Dillingham Co: AK National Park. NPS anticipates that Landholding Agency: GSA Pennsylvania there will be a total of approximately six Property Number: 54200110010 Novak Estate Land Status: Excess off the Parkway West hundred respondents per year with an Reason: Within 2000 ft. of flammable or Moon Township Co: Allegheny PA 15222— estimated total annual reporting and explosive material Landholding Agency: GSA record-keeping burden of 2400 hours. A GSA Number: 9–D–AK–757 Property Number 54200010006 response to the information collection Connecticut Status: Excess portion of this plan is required to obtain Reason: inaccessible compensation in accordance with FAA Direction Finder GSA Number: 4–G–PA–787 11 Quarry Rd. Section 123 of the Omnibus Killingly Co: CT 06241– [FR Doc. 01–24007 Filed 9–27–01; 8:45 am] Consolidated and Emergency Landholding Agency: GSA BILLING CODE 4210–29–M Supplemental Appropriations Act (P.L. Property Number: 54200110008 105–277). Status: Excess FOR FURTHER INFORMATION: Contact Reason: Within 2000 ft. of flammable or Ronald Dick at 907–586–7047. explosive material DEPARTMENT OF THE INTERIOR GSA Number: 1–U–CT–544 Dated: August 22, 2001. National Park Service District of Columbia Bill Pierce, Alaska Desk Officer. Square 62 AGENCY: National Park Service, Interior. 2216 C St., NW ACTION: Notice of implementation of the [FR Doc. 01–24394 Filed 9–27–01; 8:45 am] Washington Co: DC 20037– Glacier Bay National Park and Preserve BILLING CODE 4310–70–P
VerDate 11
DEPARTMENT OF JUSTICE States citizen or permanent resident use Written comments and suggestions this form to petition for the removal of from the public and affected agencies Immigration and Naturalization Service those conditions. concerning the proposed collection of (5) An estimate of the total number of information should address one of more Agency Information Collection respondents and the amount of time of the following four points: Activities: Comment Request estimated for an average respondent to (1) Evaluate whether the proposed collection of information is necessary ACTION: Notice of information collection respond: 118,008 at 80 minutes (1.33) per response. for the proper performance of the under review; petition to remove functions of the agency, including conditions on residence. (6) An estimate of the total public burden (in hours) associated with the whether the information will have The Department of Justice, collection: 156,951 annual burden practical utility; Immigration and Naturalization Service hours. (2) Evaluate the accuracy of the agencies estimate of the burden of the has submitted the following information If you have additional comments, proposed collection of information, collection request for review and suggestions, or need a copy of the including the validity of the clearance in accordance with the proposed information collection methodology and assumption used; Paperwork Reduction Act 1995. The instrument with instructions, or proposed information collection is (3) Enhance the quality, utility, and additional information, please contact clarity of the information to be published to obtain comments from the Richard A. Sloan 202–514–3291, public and affected agencies. Comments collected; and Director, Policy Directives and (4) Minimize the burden of the are encouraged and will be accepted for Instructions Branch, Immigration and collection of information on those who sixty days until November 27, 2001. Naturalization Service, U.S. Department are to respond, including through the Written comments and suggestions of Justice, Room 4034, 425 I Street, NW., use of appropriate automated, from the public and affected agencies Washington, DC 20536. Addionally, electronic, mechanical, or other concerning the proposed collection of comments and/or suggestions regarding technological collection techniques or information should address one or more the item(s) contained in this notice, other forms of information technology, of the following four points: especially regarding the estimated e.g., permitting electronic submission of (1) Evaluate whether the proposed public burden and associated response responses. collection of information is necessary time may also be directed to Mr. Overview of this information for the proper performance of the Richard A. Sloan. collection: functions of the agency, including In additional information is required (1) Type of Information Collection: whether the information will have contact: Mr. Robert B. Briggs, Clearance Extension of currently approved practical utility; Officer, United States Department of collection. (2) Evaluate the accuracy of the Justice, Information Management and (2) Title of the Form/Collection: H–1B agencies estimate of the burden of the Security Staff, Justice Management Data Collection and Filing Fee proposed collection of information, Division, Patrick Henry Building, 601 D Exemption. including the validity of the Street, NW., Suite 1600, Washington, (3) Agency form number, if any, and methodology and assumptions used; DC 20004. the applicable component of the (3) Enhance the quality, utility, and Dated: September 25, 2001. Department of Justice sponsoring the clarity of the information to be collection: Form I–129W. Adjudications Richard A. Sloan, collected; and Division, Immigration Naturalization (4) Minimize the burden of the Department Clearance Officer, United States Service. collection of information on those who Department of Justice Immigration and Naturalization Service. (4) Affected public who will be asked are to respond, including through the or required to respond, as well as a brief [FR Doc. 01–24353 Filed 9–27–01; 8:45 am] use of appropriate automated, abstract: Primary: Business or other for- electronic, mechanical, or other BILLING CODE 4410–10–M profit. This addendum to Form I–129 technological collection techniques or will be used by the INS to determine if other forms of information technology, DEPARTMENT OF JUSTICE and H–1B petitioner is exempt from the e.g., permitting electronic submission of additional filing fee of $500, as provided responses. Immigration and Naturalization Service by the American Competitiveness and Overview of this information Workforce Improvement Act of 1998. collection: Agency Information Collection (5) An estimate of the total number of (1) Type of Information Collection: Activities: Comment Request respondents and the amount of time Extension of a currently approved estimated for an average respondent to collection. ACTION: Notice of information collection respond: 128,092 responses at 30 (2) Title of the Form/Collection: under review; H–1B Data Collection and minutes. (.50) per response. Petition to Remove Conditions on Filing Fee Exemption. (6) An estimate of the total public Residence. burden (in hours) associated with the (3) Agency form number, if any, and The Department of Justice, collection: 64,046 annual burden hours. the applicable component of the Immigration and Naturalization Service If you have additional comments, Department of Justice sponsoring the has submitted the following information suggestions, or need a copy of the collection: Form I–751. Adjudications collection request for review and proposed information collection Division, Immigration and clearance in accordance with the instrument with instructions, or Naturalization Service. Paperwork Reduction Act of 1995. The additional information, please contact (4) Affected public who will be asked proposed information collection is Richard A. Sloan 202–514–3291, or required to respond, as well as a brief published to obtain comments from the Director, Policy Directives and abstract: Primary: Individuals or public and affected agencies. Comments Instructions Branch, Immigration and households. Persons granted conditional are encouraged and will be accepted for Naturalization Service, U.S. Department residence through marriage to a United sixty days until November 27, 2001. of Justice, Room 4034, 425 I Street, NW.,
VerDate 11
Washington, DC 20536. Additionally, concerning the proposed collection of additional information, please contact comments and/or suggestions regarding information should address one or more Richard A. Sloan 202–514–3291, the item(s) contained in this notice, of the following four points: Director, Policy Directives and especially regarding the estimated (1) Evaluate whether the proposed Instructions Branch, Immigration and public burden and associated response collection of information is necessary Naturalization Service, U.S. Department time may also be directed to Mr. for the proper performance of the of Justice, Room 4034, 425 I Street, NW., Richard A. Sloan. functions of the agency, including Washington, DC 20536. Additionally, If additional information is required whether the information will have comments and/or suggestions regarding contact: Mr. Robert B. Briggs, Clearance practical utility; the item (s) contained in this notice, Officer, United States Department of (2) Evaluate the accuracy of the especially regarding the estimated Justice, Information Management and agency’s estimate of the burden of the public burden and associated response Security Staff, Justice Management proposed collection of information, time may also be directed to Mr. Division, 601 D Street, N.W., Suite 1600, including the validity of the Richard A. Sloan. Patrick Henry Building, Washington, DC methodology and assumptions used; If additional information is required 2004. (3) Enhance the quality, utility, and contact: Mr. Robert B. Briggs, Clearance clarity of the information to be Dated: September 24, 2001 Officer, United States Department of collected; and Richard A. Sloan, Justice, Information Management and (4) Minimize the burden of the Security Staff, Justice Management Department Clearance Officer, United States collection of information on those who Division, Patrick Henry Building, 601 D Department of Justice, Immigration and are to respond, including through the Naturalization Service. Street, NW., Suite 1600, Washington, use of appropriate automated, DC 20530. [FR Doc. 01–24354 Filed 9–27–01; 8:45 am] electronic, mechanical, or other Dated: September 24, 2001. BILLING CODE 4410–10–M technological collection techniques or other forms of information technology, Richard A. Sloan, e.g., permitting electronic submission of Department Clearance Officer, United States DEPARTMENT OF JUSTICE responses. Department of Justice, Immigration and Naturalization Service. Immigration and Naturalization Service Overview of this information collection: [FR Doc. 01–24355 Filed 9–27–01; 8:45 am] Agency Information Collection (1) Type of Information Collection: BILLING CODE 4410–10–M Activities: Proposed Collection; Extension of currently approved Comment Request collection. (2) Title of the Form/Collection: DEPARTMENT OF JUSTICE Employment Eligibility Verification. ACTION: Notice of information collection Immigration and Naturalization Service under review: employment eligibility (3) Agency form number, if any, and verification. the applicable component of the Agency Information Collection Department of Justice sponsoring the Activities: Proposed Collection; The Department of Justice, collection: Form I–9, Programs Division, Comment Request Immigration and Naturalization Service Immigration and Naturalization Service. (INS) has submitted the following (4) Affected public who will be asked ACTION: Notice of information collection information collection request to the or required to respond, as well as a brief under review: LIFE Legalization Office of Management and Budget abstract: Primary: Individuals or Supplement to Form I–485 Instructions. (OMB) for review and clearance in Households. This form was developed accordance with the Paperwork to facilitate compliance with Section The Department of Justice, Reduction Act of 1995. A notice 274A of the Immigration and Immigration and Naturalization Service containing this information collection Nationality Act (the Act), as amended (INS) has submitted the following was previously published in the Federal by the Immigration Reform and Control information collection request to the Register on June 7, 2001, at 66 FR Act of 1986 (IRCA), which prohibits the Office of Management and Budget 30753. The notice allowed for a 60-day knowing employment of unauthorized (OMB) for review and clearance in public review and comment period. No aliens. The information collected is accordance with the Paperwork comments were received by the INS on used by employers or by recruiters for Reduction Act of 1995. The information this proposed information collection. enforcement of provisions of collection was previously published in The purpose of this notice is to allow immigration laws that are designed to an interim rule INS No. 2115–01 in the an additional 30 days for public control the employment of unauthorized Federal Register on June 1, 2001 at 66 comments. Comments are encouraged aliens. FR 29661, allowing for a 60-day public and will be accepted until October 29, (5) An estimate of the total number of review and comment period. No 2001. This process is conducted in respondents and the amount of time comments were received by the INS on accordance with 5 CFR 1320.10. estimated for an average respondent to this information collection. Written comments and/or suggestions respond: 78,000,000 respondents at 9 The purpose of this notice is to allow regarding the items contained in this minutes or (.15) hours per response and an additional 30 days for public notice, especially regarding the 20,000,000 record keepers at 4 minutes comments. Comments are encouraged estimated public burden and associated or (.066) hours per response. and will be accepted until October 29, response time, should be directed to the (6) An estimate of the total public 2001. This process is conducted in Office of Management and Budget, burden (in hours) associated with the accordance with 5 CFR 1320.10. Office of Information and Regulatory collection: 13,020,000 annual burden Written comments and/or suggestions Affairs, Attention: Department of Justice hours. regarding the items contained in this Desk Officer, 725—17th Street, NW., If you have additional comments, notice, especially regarding the Room 10235, Washington, DC 20530. suggestions, or need a copy of the estimated public burden and associated Written comments and suggestions proposed information collection response time, should be directed to the from the public and affected agencies instrument with instructions, or Office of Management and Budget,
VerDate 11
Office of Information and Regulatory If you have additional comments, Dated: September 20, 2001. Affairs, Attention: Department of Justice suggestions, or need a copy of the Edward F. Reilly, Jr., Desk Officer, 725–17th Street, N.W., proposed information collection Chairman, U.S. Parole Commission. Room 10235, Washington, DC 20530. instrument with instructions, or [FR Doc. 01–24455 Filed 9–26–01; 11:04 am] Written comments and suggestions additional information, please contact BILLING CODE 4410–01–M from the public and affected agencies Richard A. Sloan 202–514–3291, concerning the proposed collection of Director, Policy Directives and information should address one or more Instructions Branch, Immigration and DEPARTMENT OF LABOR of the following four points: Naturalization Service, U.S. Department (1) Evaluate whether the proposed of Justice, Room 4034, 425 I Street, NW., Office of the Secretary collection of information is necessary Washington, DC 20536. for the proper performance of the If additional information is required Submission for OMB Review; functions of the agency, including contact: Mr. Robert B. Briggs, Clearance Comment Request whether the information will have Officer, United States Department of September 24, 2001. practical utility; Justice, Information Management and (2) Evaluate the accuracy of the The Department of Labor (DOL) has Security Staff, Justice Management submitted the following public agencies estimate of the burden of the Division, 601 D Street, N.W., Patrick proposed collection of information, information collection requests (ICRs) to Henry Building, Suite 1600, the Office of Management and Budget including the validity of the Washington, DC 20004. methodology and assumptions used; (OMB) for review and approval in (3) Enhance the quality, utility, and Dated: September 24, 2001. accordance with the Paperwork clarity of the information to be Richard A. Sloan, Reduction Act of 1995 (Pub. L. 104–13, collected; and Department Clearance Officer, Department of 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting (4) Minimize the burden of the Justice Immigration and Naturalization documents, may be obtained by calling collection of information on those who Services. the Department of Labor. To obtain are to respond, including through the [FR Doc. 01–24356 Filed 9–27–01; 8:45 am] documentation contact Darrin King at use of appropriate automated, BILLING CODE 4410–10–M (202) 693–4129 or E-Mail: King- electronic, mechanical, or other [email protected]. technological collection techniques or Comments should be sent to Office of other forms of information technology, DEPARTMENT OF JUSTICE Information and Regulatory Affairs, e.g., permitting electronic submission of Attn: OMB Desk Officer for ETA, Office responses. Parole Commission of Management and Budget, Room Overview of this information Record of Vote of Meeting Closure 10235, Washington, DC 20503 ((202) collection: (Public Law 94–409) (5 U.S.C. Sec. 395–7316), within 30 days from the date (1) Type of Information Collection: 552b) of this publication in the Federal Extension of currently approved Register. collection. I, Edward F. Reilly, Jr., Chairman of The OMB is particularly interested in (2) Title of the Form/Collection: LIFE the United States Parole Commission, comments which: Legalization Supplement to Form I–485 was present at a meeting of said • Evaluate whether the proposed Instructions. Commission which started at collection of information is necessary (3) Agency form number, if any, and approximately 11:30 a.m. on Thursday, for the proper performance of the the applicable component of the September 20, 2001, at the U.S. Parole functions of the agency, including Department of Justice sponsoring the Commission, 5550 Friendship whether the information will have collection: Form I–485 Supplement D. Boulevard, 4th Floor, Chevy Chase, practical utility; Adjudications Division, Immigration Maryland 20815. The purpose of the • Evaluate the accuracy of the and Naturalization Service. meeting was to decide two appeals from agency’s estimate of the burden of the (4) Affected public who will be asked the National Commissioners’ decisions proposed collection of information, or required to respond, as well as a brief pursuant to 28 CFR Section 2.27. Three including the validity of the abstract: Primary: Individuals or Commissioners were present, methodology and assumptions used; households. This form may be used by constituting a quorum when the vote to • Enhance the quality, utility, and certain class action participants close the meeting was submitted. clarity of the information to be applying for adjustment of status collected; and Public announcement further pursuant to Pub. L. 106–553 and 8 CFR • Minimize the burden of the describing the subject matter of the 245(a). The information collected on collection of information on those who meting and certifications of General this form, in combination with the data are to respond, including through the Counsel that this meeting may be closed collected on Form I–485, will be used use of appropriate automated, by vote of the Commissioners present by the Service to determine eligibility electronic, mechanical, or other were submitted to the Commissioners for the requested benefit. technological collection techniques or prior to the conduct of any other (5) An estimate of the total number of other forms of information technology, business. Upon motion duly made, respondents and the amount of time e.g., permitting electronic submission of seconded, and carried, the following estimated for an average respondent to responses. respond: 400,000 responses at Commissioners voted that the meeting Agency: Employment and Training approximately one (1) hour per be closed: Edward F. Reilly, Jr., Michael Administration (ETA). response. J. Gaines, and John R. Simpson. Type of Review: Revision of a (6) An estimate of the total public In Witness Whereof, I make this currently approved collection. burden (in hours) associated with the official record of the vote taken to close Title: Benefits, Timeliness and collection: 400,000 annual burden this meeting and authorize this record to Quality (BTQ) Review System. hours. be made available to the public. OMB Number: 1205–0359.
VerDate 11
Affected Public: State, Local, or Tribal of this publication in the Federal Affected Public: Business or other for- Government. Register. profit. Frequency: Monthly. The OMB is particularly interested in Type of Response: Reporting. Type of Response: Reporting. comments which: Frequency: On Occasion. Number of Respondents: 53. • Evaluate whether the proposed Number of Respondents: 546. Number of Annual Responses: 28,912. collection of information is necessary Number of Annual Responses: 546. Estimated Time Per Respondent: for the proper performance of the Average Time Per Response: 10 720.15 hours. functions of the agency, including minutes. Total Burden Hours: 38,168. whether the information will have Annual Burden Hours: 221. Total Annualized Capital/Startup practical utility; Total Annualized Capital/Startup Costs: $0. • Evaluate the accuracy of the Costs: $0. Total Annual Costs (operating/ agency’s estimate of the burden of the Total Annual Costs (operating/ maintaining systems or purchasing proposed collection of information, maintaining systems or purchasing services): $0. services): $0. Description: The Secretary of Labor including the validity of the Description: 30 CFR 71.403, 71.404, has a legal responsibility under the methodology and assumptions used; • 75.1712–4, and 75.1712–5 require coal Social Security Act (SSA), Title III, Enhance the quality, utility, and mine operators to provide bathing Section 303(a)(1), for reimbursing State clarity of the information to be facilities, clothing changing rooms, and Employment Security Agencies the collected; and • sanitary flush toilet facilities in a necessary costs of proper and efficient Minimize the burden of the location convenient for the use of the administration of State unemployment collection of information on those who miners. If the operator is unable to meet insurance (UI) laws. SSA, Title III, are to respond, including through the any or all of the requirements, he/she Section 303(a)(6) authorizes the use of appropriate automated, may apply for a waiver. Applications Secretary of Labor to require reports to electronic, mechanical, or other are filed with the District Manager for assure the correctness and verification technological collection techniques or the district in which the mine is located. of state reports. The Department of other forms of information technology, Labor and State Employment Security e.g., permitting electronic submission of Agency: Mine Safety and Health Agencies use the BTQ Review System to responses. Administration (MSHA). assess and evaluate timeliness and Agency: Mine Safety and Health Type of Review: Extension of a quality of UI benefit operations. The Administration (MSHA). currently approved collection. results help to determine operating Type of Review: Extension of a Title: Representative of Miners. areas that need Corrective Action Plans currently approved collection. OMB Number: 1219–0042. to meet achievement standards in Title: Training Plan Regulations—30 Affected Public: Business or other for- State’s annual State Quality Service CFR 48.3 and 48.23. profit. Plan. OMB Number: 1219–0009. Type of Response: Recordkeeping; Affected Public: Business or other for- Reporting; and Third-party disclosure. Darrin A. King, profit. Frequency: On Occasion. Acting Departmental Clearance Officer. Type of Response: Recordkeeping and Number of Respondents: 108. [FR Doc. 01–24322 Filed 9–27–01; 8:45 am] Reporting. Number of Annual Responses: 108. BILLING CODE 4510–30–M Frequency: On Occasion. Average Time Per Response: 45 Number of Respondents: 1,294. minutes. Number of Annual Responses: 1,294. Annual Burden Hours: 81. DEPARTMENT OF LABOR Average Time Per Response: 8 hours. Total Annualized Capital/Startup Annual Burden Hours: 10,352. costs: $0. Office of the Secretary Total Annualized Capital/Startup Total Annual Costs (operating/ Costs: $0. maintaining systems or purchasing Submission for OMB Review; Total Annual Costs (operating/ services): $0. Comment Request maintaining systems or purchasing Description: The Federal Mine Safety September 24, 2001. services): $2,588. and Health Act of 1977 requires the The Department of Labor (DOL) has Description: 30 CFR 48.3 and 48.23 Secretary of Labor to exercise many of submitted the following public require coal mine operators to have an her duties under the Act in cooperation information collection requests (ICRs) to MSHA approved training plan with miners’ representatives. The Act the Office of Management and Budget containing programs for training new also establishes miners’ rights which (OMB) for review and approval in miners; newly-employed miners; miners must be exercised through a accordance with the Paperwork receiving new tasks; annual refresher representative. 30 CFR 40.3, 40.4, and Reduction Act of 1995 (Pub. L. 104–13, training, and hazardous training to 40.5 contain procedures which a person 44 U.S.C. Chapter 35). A copy of each ensure that miners will be effectively or organization must follow in order to individual ICR, with applicable trained in matters affecting their health be identified by the Secretary as a supporting documentation, may be and safety, with the ultimate goal being representative of miners. obtained by calling the Department of the reduction of the frequency and Agency: Mine Safety and Health Labor. To obtain documentation contact severity of injuries in the nation’s Administration (MSHA). Darrin King at (202) 693–4129 or E-Mail: mines. Type of Review: Extension of a [email protected]. Agency: Mine Safety and Health currently approved collection. Comments should be sent to Office of Administration (MSHA). Title: Escape and Evacuation Plans. Information and Regulatory Affairs, Type of Review: Extension of a OMB Number: 1219–0046. Attn: Stuart Shapiro, OMB Desk Officer currently approved collection. Affected Public: Business or other for- MSHA, Office of Management and Title: Application for Waiver of profit. Budget, Room 10235, Washington, DC Surface Facilities Requirements. Type of Response: Recordkeeping; 20503 ((202) 395–7316), within 30 days OMB Number: 1219–0024. Reporting; and Third-party disclosure.
VerDate 11
Frequency: On occasion. based on the information obtained by ‘‘General Wage Determinations Issued Number of Respondents: 284. the Department of Labor from its study Under The Davis-Bacon And Related Number of Annual Responses: 568. of local wage conditions and data made Acts,’’ shall be the minimum paid by Average Time Per Response: 8 hours. available from other sources. They contractors and subcontractors to Annual Burden Hours: 4,544. specify the basic hourly wage rates and laborers and mechanics. Total Annualized Capital/Startup fringe benefits which are determined to Any person, organization, or costs: $0. be prevailing for the described classes of governmental agency having an interest Total Annual Costs (operating/ laborers and mechanics employed on in the rates determined as prevailing is maintaining systems or purchasing construction projects of a similar encouraged to submit wage rate and services): $1,704. character and in the localities specified fringe benefit information for Description: 30 CFR 57.11053 requires therein. consideration by the Department. underground Metal and Nonmetal mine The determinations in these decisions Further information and self- operators to develop an escape and of prevailing rates and fringe benefits explanatory forms for the purpose of evacuation plan addressing the unique have been made in accordance with 29 submitting this data may be obtained by conditions of the mine. Plans are CFR part 1, by authority of the Secretary writing to the U.S. Department of Labor, required to be reviewed every six of Labor pursuant to the provisions of Employment Standards Administration, months and revisions submitted to the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of MSHA as necessary. as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution Agency: Mine Safety and Health 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, Administration (MSHA). statutes referred to in 29 CFR part 1, Washington, DC 20210. Type of Review: Extension of a Appendix, as well as such additional Modification to General Wage currently approved collection. statutes as may from time to time be Title: Certificate of Training—30 CFR enacted containing provisions for the Determination Decisions 48.9 and 48.29. payment of wages determined to be The number of decisions listed to the OMB Number: 1219–0070. prevailing by the Secretary of Labor in Government Printing Office document Affected Public: Business or other for- accordance with the Davis-Bacon Act. entitled ‘‘General Wage determinations profit. The prevailing rates and fringe benefits Issued Under the Davis-Bacon and Type of Response: Recordkeeping. determined in these decisions shall, in related Acts’’ being modified are listed Frequency: Annually. accordance with the provisions of the by Volume and State. Dates of Number of Respondents: 3,730. foregoing statutes, constitute the publication in the Federal Register are Number of Annual Responses: minimum wages payable on Federal and in parentheses following the decisions 105,050. federally assisted construction projects being modified. Average Time Per Response: 5 to laborers and mechanics of the Volume I minutes. specified classes engaged on contract Annual Burden Hours: 8,393. work of the character and in the Massachusetts Total Annualized Capital/Startup localities described therein. MA010001 (Mar. 2, 2001) costs: $0. Good cause is hereby found for not MA010002 (Mar. 2, 2001) Total Annual Costs (operating/ MA010003 (Mar. 2, 2001) utilizing notice and public comment MA010006 (Mar. 2, 2001) maintaining systems or purchasing procedure thereon prior to the issuance MA010007 (Mar. 2, 2001) services): $210,074. of these determinations as prescribed in MA010009 (Mar. 2, 2001) Description: The MSHA Form 5000– 5 U.S.C. 553 and not providing for delay MA010013 (Mar. 2, 2001) 23, Certificate of Training, is required by in the effective date as prescribed in that MA010017 (Mar. 2, 2001) 30 CFR part 48.9 and 48.29 and is used section, because the necessity to issue MA010018 (Mar. 2, 2001) by mine operators to record mandatory current construction industry wage MA010019 (Mar. 2, 2001) training received by miners. The form determinations frequently and in large MA010020 (Mar. 2, 2001) provides the mine operator with a volume causes procedures to be MA010021 (Mar. 2, 2001) recordkeeping form, the miner with a impractical and contrary to the public New Jersey NJ010002 (Mar. 2, 2001) certificate of training, and MSHA with interest. a monitoring tool for determining mine General wage determination Volume II operator compliance. decisions, and modifications and Delaware supersedeas decisions thereto, contain DE010002 (Mar. 2, 2001) Darrin A. King, no expiration dates and are effective DE010009 (Mar. 2, 2001) Acting Departmental Clearance Officer. from their date of notice in the Federal Maryland [FR Doc. 01–24323 Filed 9–27–01; 8:45 am] Register, or on the date written notice MD010022 (Mar. 2, 2001) BILLING CODE 4510–43–M is received by the agency, whichever is West Virginia earlier. These decisions are to be used WV010002 (Mar. 2, 2001) in accordance with the provisions of 29 WV010006 (Mar. 2, 2001) DEPARTMENT OF LABOR WV010009 (Mar. 2, 2001) CFR Parts 1 and 5. Accordingly, the WV010011 (Mar. 2, 2001) applicable decision, together with any WV010012 (Mar. 2, 2001) Employment Standards modifications issued, must be made a Administration, Wage and Hour part of every contract for performance of Volume III Division the described work within the Georgia geographic area indicated as required by GA010036 (Mar. 2, 2001) Minimum Wages for Federal and GA010073 (Mar. 2, 2001) Federally Assisted Construction; an applicable Federal prevailing wage law and 29 CFR Part 5. The wage rates North Carolina General Wage Determination Decisions NC010008 (Mar. 2, 2001) and fringe benefits, notice of which is General wage determination decisions published herein, and which are Volume IV of the Secretary of Labor are issued in contained in the Government Printing Illinois accordance with applicable law and are Office (GPO) document entitled IL010001 (Mar. 2, 2001)
VerDate 11
IL010002 (Mar. 2, 2001) MO010043 (Mar. 2, 2001) Government Depository Libraries across IL010004 (Mar. 2, 2001) MO010045 (Mar. 2, 2001) the country. IL010005 (Mar. 2, 2001) MO010046 (Mar. 2, 2001) General wage determinations issued IL010006 (Mar. 2, 2001) MO010048 (Mar. 2, 2001) under the Davis-Bacon and related Acts IL010008 (Mar. 2, 2001) MO010052 (Mar. 2, 2001) are available electronically at no cost on IL010009 (Mar. 2, 2001) MO010054 (Mar. 2, 2001) IL010011 (Mar. 2, 2001) MO010057 (Mar. 2, 2001) the Government Printing Office site at IL010012 (Mar. 2, 2001) MO010058 (Mar. 2, 2001) www.access.gpo.gov/davisbacon. They IL010013 (Mar. 2, 2001) MO010062 (Mar. 2, 2001) are also available electronically by IL010015 (Mar. 2, 2001) MO010063 (Mar. 2, 2001) subscription to the Davis-Bacon Online IL010016 (Mar. 2, 2001) MO010065 (Mar. 2, 2001) Service (http:// IL010017 (Mar. 2, 2001) Nebraska davisbacon.fedworld.gov) of the IL010024 (Mar. 2, 2001) NE010001 (Mar. 2, 2001) National Technical Information Service IL010027 (Mar. 2, 2001) NE010003 (Mar. 2, 2001) (NTIS) of the U.S. Department of IL010032 (Mar. 2, 2001) NE010005 (Mar. 2, 2001) Commerce at 1–800–363–2068. This IL010037 (Mar. 2, 2001) NE010010 (Mar. 2, 2001) IL010039 (Mar. 2, 2001) NE010011 (Mar. 2, 2001) subscription offers value-added features IL010045 (Mar. 2, 2001) NE010019 (Mar. 2, 2001) such as electronic delivery of modified IL010046 (Mar. 2, 2001) NE010021 (Mar. 2, 2001) wage decisions directly to the user’s IL010047 (Mar. 2, 2001) desktop, the ability to access prior wage IL010050 (Mar. 2, 2001) Volume VI decisions issued during the year, IL010051 (Mar. 2, 2001) Alaska Extensive Help Desk Support, etc. IL010054 (Mar. 2, 2001) Hard-copy subscriptions may be IL010059 (Mar. 2, 2001) AK010001 (Mar. 2, 2001) AK010002 (Mar. 2, 2001) purchased from: Superintendent of IL010065 (Mar. 2, 2001) IL010066 (Mar. 2, 2001) AK010006 (Mar. 2, 2001) Documents, U.S. Government Printing IL010070 (Mar. 2, 2001) AK010008 (Mar. 2, 2001) Office, Washington, D.C. 20402, (202) Michigan North Dakota 512–1800. MI010059 (Mar. 2, 2001) ND010001 (Mar. 2, 2001) When ordering hard-copy MI010062 (Mar. 2, 2001) ND010002 (Mar. 2, 2001) subscription(s), be sure to specify the MI010083 (Mar. 2, 2001) ND010005 (Mar. 2, 2001) State(s) of interest, since subscriptions Wisconsin ND010007 (Mar. 2, 2001) ND010008 (Mar. 2, 2001) may be ordered for any or all of the six WI010001 (Mar. 2, 2001) separate volumes, arranged by State. WI010002 (Mar. 2, 2001) ND010009 (Mar. 2, 2001) ND010010 (Mar. 2, 2001) Subscriptions include an annual edition WI010003 (Mar. 2, 2001) (issued in January or February) which WI010004 (Mar. 2, 2001) ND010011 (Mar. 2, 2001) WI010005 (Mar. 2, 2001) ND010013 (Mar. 2, 2001) include all current general wage WI010007 (Mar. 2, 2001) ND010014 (Mar. 2, 2001) determinations for the States covered by WI010009 (Mar. 2, 2001) ND010015 (Mar. 2, 2001) each volume. Throughout the remainder WI010010 (Mar. 2, 2001) ND010017 (Mar. 2, 2001) of the year, regular weekly updates will WI010011 (Mar. 2, 2001) ND010018 (Mar. 2, 2001) be distributed to subscribers. WI010012 (Mar. 2, 2001) ND010019 (Mar. 2, 2001) Signed at Washington, DC this 20th day of WI010014 (Mar. 2, 2001) Washington September 2001. WI010019 (Mar. 2, 2001) WA010001 (Mar. 2, 2001) WI010024 (Mar. 2, 2001) WA010002 (Mar. 2, 2001) Carl J. Poleskey, WI010026 (Mar. 2, 2001) Volume VII Chief, Branch of Construction Wage Determinations. WI010030 (Mar. 2, 2001) California WI010035 (Mar. 2, 2001) CA010001 (Mar. 2, 2001) [FR Doc. 01–24027 Filed 9–27–01; 8:45 am] WI010037 (Mar. 2, 2001) CA010002 (Mar. 2, 2001) BILLING CODE 4510–27–M WI010049 (Mar. 2, 2001) CA010009 (Mar. 2, 2001) WI010069 (Mar. 2, 2001) CA010028 (Mar. 2, 2001) Volume V CA010031 (Mar. 2, 2001) DEPARTMENT OF LABOR Iowa CA010032 (Mar. 2, 2001) IA010002 (Mar. 2, 2001) CA010033 (Mar. 2, 2001) Pension and Welfare Benefits IA010003 (Mar. 2, 2001) CA010034 (Mar. 2, 2001) Administration IA010004 (Mar. 2, 2001) CA010035 (Mar. 2, 2001) IA010005 (Mar. 2, 2001) CA010036 (Mar. 2, 2001) Proposed Extension of Information IA010006 (Mar. 2, 2001) CA010037 (Mar. 2, 2001) Collection Request Submitted for IA010008 (Mar. 2, 2001) CA010038 (Mar. 2, 2001) Public Comment and IA010010 (Mar. 2, 2001) CA010039 (Mar. 2, 2001) Recommendations IA010012 (Mar. 2, 2001) CA010040 (Mar. 2, 2001) IA010013 (Mar. 2, 2001) General Wage Determination ACTION: Notice. IA010014 (Mar. 2, 2001) Publication IA010016 (Mar. 2, 2001) SUMMARY: The Department of Labor, as IA010020 (Mar. 2, 2001) General wage determinations issued part of its continuing effort to reduce IA010025 (Mar. 2, 2001) under the Davis-Bacon and related Acts, paperwork and respondent burden IA010028 (Mar. 2, 2001) including those noted above, may be conducts a preclearance consultation IA010029 (Mar. 2, 2001) found in the Government Printing Office program to provide the general public IA010032 (Mar. 2, 2001) (GPO) document entitled ‘‘General Wage and other federal agencies with an IA010056 (Mar. 2, 2001) IA010059 (Mar. 2, 2001) Determinations Issued Under The Davis- opportunity to comment on proposed IA010060 (Mar. 2, 2001) Bacon And Related Acts’’. This and continuing collections of IA010070 (Mar. 2, 2001) publication is available at each of the 50 information in accordance with the Missouri Regional Government Depository Paperwork Reduction Act of 1995 (PRA MO010042 (Mar. 2, 2001) Libraries and many of the 1,400 95) (44 U.S.C. 3506(c)(2)(A)). This
VerDate 11
program helps to ensure that requested first calendar month or payroll period in Total Respondents: 74,872. data can be provided in the desired which the plan withholds payment, that Total Responses: 74,872. format, reporting burden (time and benefits are suspended. This notice Frequency of Response: On occasion. financial resources) is minimized, must include the specific reasons for Total Annual Burden: 18,718. collection instruments are clearly such suspension, a general description Total Burden Cost (Operating and understood, and the impact of collection of the plan provisions authorizing the Maintenance): $63,000. requirements on respondents can be suspension, a copy of the relevant plan Dated: September 25, 2001. properly assessed. provisions, and a statement indicating Gerald B. Lindrew, Currently, the Pension and Welfare where the applicable regulations may be Deputy Director, Office of Policy and Benefits Administration is soliciting found, (i.e., 29 CFR § 2530.203–3). In Research, Pension and Welfare Benefits comments concerning the extension addition, the suspension notification Administration. without change of the information must inform the retiree or participant of [FR Doc. 01–24321 Filed 9–27–01; 8:45 am] collection request (ICR) included in the the plan’s procedure for affording a BILLING CODE 4510–29–P suspension of pension benefits review of the suspension of benefits. regulation issued pursuant to the II. Desired Focus of Comments authority of section 203(a)(3)(B) of the PENSION AND WELFARE BENEFITS Employee Retirement Income Security The Department of Labor is ADMINISTRATION Act of 1974 (ERISA), which governs the particularly interested in comments circumstances under which pension that: [Application Number D–11034] plans may suspend pension benefit • Evaluate whether the proposed Proposed Amendment to Prohibited payments to retirees who return to collection of information is necessary Transaction Exemption 80–26 (PTE 80– work, or of participants who continue to for the proper performance of the 26) for Certain Interest Free Loans to work beyond normal retirement age (29 functions of the agency, including Employee Benefit Plans CFR 2530.203–3). A copy of the ICR whether the information will have may be obtained by contacting the office practical utility; AGENCY: Pension and Welfare Benefits listed in the Addresses section of this • Evaluate the accuracy of the Administration, U.S. Department of notice. agency’s estimate of the burden of the Labor. DATES: Written comments must be proposed collection of information, ACTION: Notice of proposed amendment submitted to the office listed in the including the validity of the to PTE 80–26. methodology and assumptions used; ADDRESSES section below on or before • November 27, 2001. Enhance the quality, utility, and SUMMARY: This document contains a clarity of the information to be notice of pendency before the ADDRESSES: Interested parties are collected; Department of Labor (the Department) of invited to submit written comments • Minimize the burden of the a proposed amendment to PTE 80–26. regarding the collection of information. collection of information on those who PTE 80–26 is a class exemption that Send comments to Mr. Gerald B. are to respond, including through the permits parties in interest with respect Lindrew, Office of Policy and Research, use of appropriate automated, to employee benefit plans to make U.S. Department of Labor, Pension and electronic, mechanical, or other interest free loans to such plans, Welfare Benefits Administration, 200 technological collection techniques or provided the conditions of the Constitution Avenue, NW., Room N– other forms of information technology, exemption are met. The proposed 5647, Washington, DC 20210. e.g., permitting electronic submission of amendment, if adopted, would affect all Telephone: (202) 219–4782 Fax: (202) responses. employee benefit plans, the participants 219–4745 (these are not toll-free and beneficiaries of such plans, and numbers). III. Current Actions parties in interest with respect to those SUPPLEMENTARY INFORMATION: The Office of Management and plans engaging in the described Budget’s approval of this ICR will expire I. Background transactions. on November 30, 2001. This notice DATES: If adopted, the proposed Section 203(a)(3)(B) of ERISA governs requests comments on the extension of amendment would be effective from the circumstances under which pension the ICR. The Department is not September 11, 2001 until January 9, plans may suspend pension benefit proposing or implementing changes to 2002. Written comments and requests payments to retirees that return to work the existing ICR at this time in for a public hearing should be received or to participants that continue to work connection with this extension. by the Department on or before beyond normal retirement age. Comments submitted in response to this November 13, 2001. Furthermore, section 203(a)(3)(B) of notice will be summarized and/or ERISA authorizes the Secretary to included in the request for OMB ADDRESSES: All written comments and prescribe regulations necessary to carry approval of the information collection requests for a public hearing (preferably out the provisions of this section. request; they will also become a matter three copies) should be addressed to the In this regard, the Department issued of public record. U.S. Department of Labor, Office of a regulation which describes the Agency: Department of Labor, Pension Exemption Determinations, Pension and circumstances and conditions under and Welfare Benefits Administration. Welfare Benefits Administration, Room which plans may suspend the pension Title: Suspension of Benefits N–5649, 200 Constitution Avenue, NW, benefits of retirees that return to work, Regulation pursuant to 29 CFR Washington, DC 20210, (Attention: PTE or of participants that continue to work 2530.203–3. 80–26 Amendment). beyond normal retirement age (29 CFR Type of Review: Extension of a FOR FURTHER INFORMATION CONTACT: Mr. § 2530.203–3). In order for a plan to currently approved collection. Christopher J. Motta, Office of suspend benefits pursuant to the OMB Number: 1210–0048. Exemption Determinations, Pension and regulation, it must notify affected Affected Public: Individuals or Welfare Benefits Administration, U.S. retirees or participants (by first class households; Business or other for-profit; Department of Labor, (202) 219–8881. mail or personal delivery) during the Not-for-profit institutions. (This is not a toll-free number); or
VerDate 11
Charles Jackson, Plan Benefits Security B. Description of Existing Relief 2001. Among other things, the Division, Office of the Solicitor, U.S. Section I of PTE 80–26 permits the shutdown prevented the buying, selling Department of Labor, (202) 693–5600. lending of money or other extension of and/or trading of securities on these (This is not a toll-free number). credit from a party in interest or markets. The terrorist incidents of September SUPPLEMENTARY INFORMATION: Notice is disqualified person to an employee 11, 2001 have led to temporary hereby given of the pendency before the benefit plan, and the repayment of such disruptions in the financial and Department of a proposed amendment loan or other extension of credit in securities markets that may have an to PTE 80–26 (45 FR 28545, April 29, accordance with its terms or other impact on employee benefit plans. 1980, as amended at 65 FR 17540, April written modifications thereof, if: Temporary impairments to 3, 2000).1 PTE 80–26 provides an (a) No interest or other fee is charged exemption from the restrictions of communication systems, pricing and to the plan, and no discount for valuation operations, and marketplace section 406(a)(1)(B) and (D) and section payment in cash is relinquished by the 406(b)(2) of the Employee Retirement liquidity, could interfere with the plan, in connection with the loan or operation of employee benefit plans.3 Income Security Act of 1974 (ERISA or extension of credit; The Department notes that, following the Act) and from the taxes imposed by (b) The proceeds of the loan or the September 11, 2001 incidents, section 4975(a) and (b) of the Internal extension of credit are used only— telephone communications systems in Revenue Code of 1986 (the Code), by (1) for the payment of ordinary lower Manhattan experienced partial or reason of section 4975(c)(1)(B) and (D) operating expenses of the plan, total interruptions that could prevent, of the Code. including the payment of benefits in for example, the immediate The Department is proposing the accordance with the terms of the plan transmission of valuation information amendment on its own motion pursuant and periodic premiums under an necessary to effectuate a participant’s to section 408(a) of ERISA and section insurance or annuity contract, or withdrawal request from a plan 4975(c)(2) of the Code, and in (2) for a period of no more than three investment option. In such instance, a accordance with the procedures set days, for a purpose incidental to the party in interest could provide a forth in 29 CFR Part 2570, Subpart B (55 ordinary operation of the plan; liquidity loan to a plan to facilitate the 2 FR 32836, 32847, August 10, 1990). (c) The loan or extension of credit is prompt execution of a participant’s unsecured; and A. General Background investment instructions. (d) The loan or extension of credit is In addition, satisfaction of plan The prohibited transaction provisions not directly or indirectly made by an participant withdrawal instructions of the Act generally prohibit employee benefit plan. occurring shortly after September 11, transactions between a plan and a party On April 3, 2000, PTE 80–26 was 2001, may require the plan fiduciary to in interest (including a fiduciary) with amended through the addition of liquidate portfolio assets during a respect to such plan. Specifically, sections II and III to that exemption (65 period of fluctuating market conditions. section 406(a)(1)(B) and (D) of the Act FR 17540). Section II of PTE 80–26 In such instance, the proposed states that a fiduciary with respect to a allowed, from November 1, 1999 amendment would provide added plan shall not cause the plan to engage through December 31, 2000, the lending flexibility in satisfying participant in a transaction, if he knows or should of money or other extension of credit withdrawal requests. know that such transaction constitutes a from a party in interest or disqualified Lastly, the Department notes that the direct or indirect— person to an employee benefit plan, and September 11, 2001 incidents may have (B) Lending of money or other the repayment of such loan or other rendered certain asset valuation systems extension of credit between the plan extension of credit in accordance with temporarily inoperable. The resulting and a party in interest; or its terms or written modifications delays with respect to the availability of (D) Transfer to, or use by or for the thereof; provided that, among other certain portfolio valuations also may benefit of, a party in interest of any requirements, the proceeds of the loan have affected the ability of plans to assets of the plan. or extension of credit are used only for promptly satisfy participant investment Accordingly, unless a statutory or a purpose incidental to the ordinary instructions. administrative exemption is applicable, operation of the plan which arises in As a result, the Department has loans, including interest free loans, to a connection with the inability of the plan determined to amend PTE 80–26 to plan from a party in interest and the to liquidate, or otherwise access its expand its provisions for interest free repayment of such loans may be assets or access data, as a result of a loans to employee benefit plans. prohibited. ‘‘Y2K problem’’. Section III of PTE 80– Accordingly, beginning September 11, In addition, section 406(b)(2) of the 26, as amended, provides a definition of 2001 and ending January 9, 2002, the Act provides that a fiduciary with the term ‘‘Y2K problem’’. proposed amendment to PTE 80–26 respect to a plan shall not, in his would permit certain interest free loans C. Discussion of the Proposed with repayment periods of up to 120 individual or any other capacity, act in Exemption a transaction involving the plan on behalf of a party (or represent a party) The Department, on its own motion, 3 In this regard, the Department recognized in a proposes to amend PTE 80–26 in order release dated September 14, 2001 (Release No. 01– whose interests are adverse to the 36) that plan fiduciaries may encounter an array of interests of the plan or the interests of to expand its interest free loan problems with respect to the investment of its participants or beneficiaries. exemption to address potential liquidity employee benefit plan assets upon the reopening of problems faced by many employee the securities markets. Under these circumstances, plan fiduciaries may in good faith find it necessary 1 A minor correction was made to the title of the benefit plans due to the tragic events and prudent to take extraordinary steps in order to final exemption in a notice published in the that occurred on September 11, 2001. In safeguard plan assets and to facilitate the return to Federal Register on May 23, 1980. (45 FR 35040). this regard, as a result of the terrorist orderly markets. The Department further stated that, 2 Section 102 of the Reorganization Plan No. 4 of attacks on the World Trade Center and in taking these steps, plan fiduciaries should be 1978 (5 U.S.C. App. 1 [1996] generally transferred sensitive to ensuring that the temporary procedures the authority of the Secretary of the Treasury to the Pentagon, all major stock markets in adopted, and the decisions made, are documented issue administrative exemptions under section 4975 the United States were closed from and adequately protect the interests of plans and of the Code to the Secretary of Labor. September 11, 2001 to September 14, their participants and beneficiaries.
VerDate 11
days to address plan liquidity needs reasons for the writer’s interest in the payment in cash is relinquished by the arising in connection with the proposed exemption. Comments plan, in connection with the loan or September 11, 2001 attacks on the received will be available for public extension of credit; World Trade Center and the Pentagon. inspection at the above address. (b) The proceeds of the loan or extension of credit are used only for a General Information Proposed Amendment purpose incidental to the ordinary The attention of interested persons is Under section 408(a) of the Act and operation of the plan which arises in directed to the following: section 4975(c)(2) of the Code and in connection with the plan’s inability to (1) The fact that a transaction is the accordance with the procedures set liquidate, or otherwise access its assets subject of an exemption under section forth in 29 CFR 2570, Subpart B (55 FR or access data as a result of a Y2K 408(a) of ERISA and section 4975(c)(2) 32836, 32847, August 10, 1990), the problem. of the Code does not relieve a fiduciary, Department proposes to amend PTE 80– (c) The loan or extension of credit is or other party in interest or disqualified 26 as set forth below: unsecured; person with respect to a plan, from (d) The loan or extension of credit is Section I. General Exemption certain other provisions of ERISA and not directly or indirectly made by an the Code, including any prohibited Effective January 1, 1975, the employee benefit plan; and transaction provisions to which the restrictions of section 406(a)(1)(B) and (e) The loan or extension of credit exemption does not apply and the (D) and section 406(b)(2) of the Act, and begins on or after November 1, 1999 and general fiduciary responsibility the taxes imposed by section 4975(a) is repaid or terminated no later than provisions of section 404 of ERISA and (b) of the Code, by reason of section December 31, 2000. which require, among other things, that 4975(c)(1)(B) and (D) of the Code, shall Section III. September 11, 2001 Market a fiduciary discharge his or her duties not apply to the lending of money or Disruption Exemption respecting the plan solely in the other extension of credit from a party in interests of the participants and interest or disqualified person to an Effective September 11, 2001 through beneficiaries of the plan; nor does it employee benefit plan, nor to the January 9, 2002, the restrictions of affect the requirement of section 401(a) repayment of such loan or other section 406(a)(1)(B) and (D) and section of the Code that the plan must operate extension of credit in accordance with 406(b)(2) of the Act, and the taxes for the exclusive benefit of the its terms or written modifications imposed by section 4975(a) and (b) of employees of the employer maintaining thereof, if: the Code, by reason of section the plan and their beneficiaries; (a) No interest or other fee is charged 4975(c)(1)(B) and (D) of the Code, shall (2) This exemption does not extend to to the plan, and no discount for not apply to the lending of money or transactions prohibited under section payment in cash is relinquished by the other extension of credit from a party in 406(b)(1) and (3) of the Act or section plan, in connection with the loan or interest or disqualified person to an 4975(c)(1)(E) or (F) of the Code; extension of credit; employee benefit plan, nor to the (3) Before an exemption may be (b) The proceeds of the loan or repayment of such loan or other granted under section 408(a) of ERISA extension of credit are used only— extension of credit in accordance with and 4975(c)(2) of the Code, the (1) for the payment of ordinary its terms or written modifications Department must find that the operating expenses of the plan, thereof, if: exemption is administratively feasible, including the payment of benefits in (a) No interest or other fee is charged in the interests of the plan and of its accordance with the terms of the plan to the plan, and no discount for participants and beneficiaries, and and periodic premiums under an payment in cash is relinquished by the protective of the rights of participants insurance or annuity contract, or plan, in connection with the loan or and beneficiaries of the plan; (2) for a period of no more than three extension of credit; (4) If granted, the proposed business days, for a purpose incidental (b) The proceeds of the loan or amendment is applicable to a particular to the ordinary operation of the plan; extension of credit are used only for a transaction only if the transaction (c) The loan or extension of credit is purpose incidental to the ordinary satisfies the conditions specified in the unsecured; and operation of the plan which arises in exemption; and (d) The loan or extension of credit is connection with difficulties (5) The proposed amendment, if not directly or indirectly made by an encountered by the plan in liquidating, granted, will be supplemental to, and employee benefit plan. or otherwise accessing its assets, or not in derogation of, any other Section II: Temporary Exemption accessing its data in a timely manner as provisions of ERISA and the Code, a direct or indirect result of the including statutory or administrative Effective November 1, 1999 through September 11, 2001 disruption; exemptions and transitional rules. December 31, 2000, the restrictions of (c) The loan or extension of credit is Furthermore, the fact that a transaction section 406(a)(1)(B) and (D) and section unsecured; is subject to an administrative or 406(b)(2) of the Act, and the taxes (d) The loan or extension of credit is statutory exemption is not dispositive of imposed by section 4975(a) and (b) of not directly or indirectly made by an whether the transaction is in fact a the Code, by reason of section employee benefit plan; and prohibited transaction. 4975(c)(1)(B) and (D) of the Code, shall (e) The loan or extension of credit not apply to the lending of money or begins on or after September 11, 2001, Written Comments and Hearing Request other extension of credit from a party in and is repaid or terminated no later than The Department invites all interested interest or disqualified person to an January 9, 2002. persons to submit written comments or employee benefit plan, nor to the requests for a public hearing on the repayment of such loan or other Section IV: Definitions proposed amendment to the address and extension of credit in accordance with (a) For purposes of section II, a Y2K within the time period set forth above. its terms or written modifications problem is a disruption of computer All comments received will be made a thereof, if: operations resulting from a computer part of the record. Comments and (a) No interest or other fee is charged system’s inability to process data requests for a hearing should state the to the plan, and no discount for because such system recognizes years
VerDate 11
only by the last two digits, causing a 6. The number of hours needed NUCLEAR REGULATORY ‘‘00’’ entry to be read as the year ‘‘1900’’ annually to complete the requirement or COMMISSION rather than the year ‘‘2000’’. request: 42 (4 hours for NRC Form 628 [IA–01–022] (b) For purposes of Section III, the and 38 hours for NRC Form 629). September 11, 2001 disruption is the 7. Abstract: The U.S. Department of In the Matter of Mr. Virgil J. Hood, Jr.; disruption to the United States financial the Treasury encourages the public to Demand for Information and securities markets and/or the operation of persons providing pay monies owed the government I through use of the Automated administrative services to employee Mr. Virgil J. Hood, Jr. was the Vice benefit plans, resulting from the acts of Clearinghouse Network and credit card. These two methods of payment are used President of Moisture Protection terrorism that occurred on September Systems Analysts, Inc. (MPSA or the 11, 2001. by licensees, applicants, and individuals to pay civil penalties, full Licensee) formerly located at 1350 Signed at Washington, DC, this 25st day of cost licensing fees, and inspection fees Beverly Road, Suite 223, McLean, September, 2001. Virginia 22101. The Licensee was the to the NRC. Ivan L. Strasfeld, holder of Byproduct Materials License Director, Office of Exemption Determinations, Submit, by November 27, 2001, No. 45–24851–02 (the license), which Pension and Welfare Benefits Administration, comments that address the following was issued by the Nuclear Regulatory Department of Labor. questions: Commission (NRC or Commission) [FR Doc. 01–24395 Filed 9–27–01; 8:45 am] 1. Is the proposed collection of pursuant to 10 CFR part 30 on June 19, BILLING CODE 4510–29–P information necessary for the NRC to 1986 and renewed on January 30, 1992. properly perform its functions? Does the The license authorized MPSA to possess information have practical utility? byproduct material, i.e., a Seaman NUCLEAR REGULATORY Nuclear Corporation Model R–50 COMMISSION 2. Is the burden estimate accurate? portable roofing gauge containing a 3. Is there a way to enhance the nominal 40 millicuries (mCi) of Agency Information Collection quality, utility, and clarity of the Americium-241, for use in measuring Activities: Proposed Collection; information to be collected? moisture density of roof surfaces in Comment Request 4. How can the burden of the accordance with the conditions specified in the license. On April 20, AGENCY: Nuclear Regulatory information collection be minimized, 1998, the Licensee’s license was Commission (NRC). including the use of automated revoked. ACTION: Notice of pending NRC action to collection techniques or other forms of submit an information collection information technology? II request to OMB and solicitation of A copy of the draft supporting Between December 31, 1997, and public comment. statement may be viewed free of charge January 31, 2001, the NRC Office of SUMMARY: The NRC is preparing a at the NRC Public Document Room, One Investigations (OI) conducted an submittal to OMB for review of White Flint North, 11555 Rockville investigation to determine the location continued approval of information Pike, Room O–1 F23, Rockville, MD of a moisture density gauge containing collections under the provisions of the 20852. OMB clearance requests are licensed material after the Licensee Paperwork Reduction Act of 1995 (44 available at the NRC worldwide web failed to pay the NRC annual license fee U.S.C. Chapter 35). site: http://www.nrc.gov/NRC/PUBLIC/ for fiscal year 1996, and had vacated the Information pertaining to the OMB/index.html. The document will be premises listed on its license without requirement to be submitted: available on the NRC home page site for prior notice to the NRC. These actions 1. The title of the information 60 days after the signature date of this by the Licensee had resulted in the NRC collection: notice. issuing an Order Suspending License NUREG/BR–0238, Materials Annual Fee (Effective Immediately) (Order Comments and questions about the Suspending License) to MPSA on May Billing Handbook information collection requirements NUREG/BR–0239, Financial EDI 15, 1997. The Order Suspending License may be directed to the NRC Clearance Authorization (NRC Form 628, imposed certain requirements upon the Officer, Brenda Jo. Shelton, U.S. Nuclear ‘‘Financial EDI Authorization’’) Licensee and required a response from NUREG/BR–0253, Electronic Funds Regulatory Commission, T–6 E6, the Licensee. Subsequently, after the Transfer—Fact Sheet Washington, DC 20555–0001, by Licensee failed to submit the required NUREG/BR–0254, Payment Methods telephone at 301–415–7233, or by answer to the Order Suspending (NRC Form 629, ‘‘Authorization for Internet electronic mail at License, a Notice of Violation and Payment by Credit Card’’) [email protected]. Proposed Imposition of Civil Penalty— 2. Current OMB approval number: Dated at Rockville, Maryland, this 24th day $5,500, and Order Modifying Order 3150–0190. of September 2001. Suspending License (Effective 3. How often the collection is Immediately) and Order Revoking For the Nuclear Regulatory Commission. required: Annually. License (Order Revoking License) were 4. Who is required or asked to report: Brenda Jo Shelton, issued to MPSA revoking its license on Anyone doing business with the NRC Clearance Officer, Office of the Chief April 20, 1998. The Order Revoking Nuclear Regulatory Commission, Information Officer. License required that the Licensee including licensees, applicants, and [FR Doc. 01–24340 Filed 9–27–01; 8:45 am] maintain licensed material in safe individuals who are required to pay a BILLING CODE 7590–01–P storage, immediately notify the NRC of fee for inspections and licenses. its current business location and status 5. The number of annual respondents: of licensed material, test the gauge for 530 (50 for the NRC Form 628 and 480 leak tightness, and transfer all licensed for NRC Form 629). material to an authorized recipient
VerDate 11
within 30 days of the Order Revoking accordance with the Commission’s those activities of Agreement State License. To date, the Licensee has failed requirements. licensees conducted pursuant to the to respond to the Order Revoking III authority granted by 10 CFR 150.20. License. On May 5, 2000, the NRC was Upon review of your answer the notified that a portable moisture density Accordingly, pursuant to sections Commission may institute a proceeding gauge containing licensed material had 161b, 161c, 161o, 182, and 186 of the pursuant to 10 CFR 2.202 or take such been received at a landfill. The gauge Atomic Energy Act of 1954, as amended, was a Seaman Nuclear Corporation and the Commission’s regulations in 10 other action as may be necessary to Model No. R–50 portable moisture CFR 2.204, the Commission requests ensure compliance with regulatory density gauge, and was labeled as that Mr. Hood submit the following requirements. Your response to the belonging to MPSA. information: Demand for Information will be The OI investigation determined that 1. A description of your considered before a decision is made in the Licensee deliberately refused to responsibilities as Vice President of this matter. allow NRC inspection of the licensed MPSA with regard to NRC licensed If you choose to respond, your activities. material or of required records, as response will be made available 2. An explanation as to whether or not required by 10 CFR 30.52; failed to electronically for public inspection in control licensed material, as required by you were an authorized user of the gauge. the NRC Public Document Room or from 10 CFR 20.1801 and 10 CFR 20.1802; the Publicly Available Records (PARS) and deliberately failed to notify the NRC 3. An explanation as to why you did component of NRC’s document system of a missing or stolen source as required not heed the subpoenas issued for (ADAMS). ADAMS is accessible from by 10 CFR 20.2201(a)(1)(i). It further compelled interviews on September 16, concluded that the Licensee’s Vice 1998, and December 3, 2000, or respond the NRC Web site at http://www.nrc.gov/ President, Mr. Hood, failed to control to the letter dated March 23, 2001, NRC/ADAMS/index.html (the Public licensed material not in storage and offering you an opportunity to respond Electronic Reading Room). Therefore, to deliberately failed to notify the NRC of to the apparent violation and to request the extent possible, it should not a missing or stolen source. In addition, a predecisional enforcement conference. include any personal privacy, information developed during the 4. A statement that demonstrates your proprietary, or safeguards information investigation indicated that, although commitment to compliance with so that it can be made available to the not named as an authorized user on the regulatory requirements and sets forth Public without redaction. If personal license, Mr. Hood used the moisture the basis for why the Commission privacy or proprietary information is density gauge containing licensed should have confidence that you will necessary to provide an acceptable material. Consequently, it was comply with applicable NRC response, then please provide a reasonable for the NRC to expect Mr. requirements in the future. You may provide any other bracketed copy of your response that Hood to respond to questions identifies the information that should be concerning the Licensee’s activities. information that you want the NRC to consider, including a statement as to protected and a redacted copy of your During the investigation, numerous response that deletes such information. attempts were made to contact Mr. Hood whether you believe that the statements made in Section II are accurate. You If you request withholding of such in order to determine his material, you must specifically identify responsibilities under the license and may respond to this Demand for the portions of your response that you his responsibilities with regard to the Information by filing a written answer seek to have withheld and provide in identified violations. In this regard, the under oath or affirmation or by setting NRC issued a subpoena for Mr. Hood to forth your reasons why this Demand for detail the bases for your claim of appear at a compelled interview on Information should not have been withholding (e.g., explain why the September 16, 1998; requested an issued if the requested information is disclosure of information will create an interview with Mr. Hood on September not being provided. The response to this unwarranted invasion of personal 22, 1998; subpoenaed Mr. Hood on Demand for Information is to be privacy or provide the information November 4, 1999, to attend a submitted to the Director, Office of required by 10 CFR 2.790(b) to support compelled interview on December 3, Enforcement, U.S. Nuclear Regulatory a request for withholding confidential 1999; and, by letter dated March 23, Commission, Washington, DC 20555, in commercial or financial information). If 2001, requested Mr. Hood to respond to writing and under oath or affirmation. safeguards information is necessary to the apparent violations in writing or to Copies also shall be sent to the Assistant provide an acceptable response, please attend a predecisional enforcement General Counsel for Materials Litigation provide the level of protection described conference to discuss the apparent and Enforcement at the same address, in 10 CFR 73.21. violations identified during the and to the Regional Administrator, NRC Dated this 12th day of September 2001. investigation. Mr. Hood failed to Region II, 61 Forsyth St. SW, Suite respond to the subpoenas or to appear 23T85, Atlanta, GA 30303–8931. The For the Nuclear Regulatory Commission. at the interviews, and did not respond response should be sent 30 days from Carl J. Paperiello, to the letter dated March 23, 2001. the date of this Demand for Information Deputy Executive Director for Materials, This situation demonstrates a lack of if your current employment is involved Research and State Programs. regard for, and adherence to, NRC in NRC-licensed activities or within 20 [FR Doc. 01–24335 File 9–27–01; 8:45 am] days of acceptance of an employment requirements and raises serious BILLING CODE 7590–01–P questions as to whether Mr. Hood will offer involving NRC-licensed activities in the future adhere to NRC or your becoming involved in NRC- requirements. licensed activities for five years from the Therefore, further information is date of this Demand for Information. needed to determine whether the NRC-licensed activities are those Commission can have reasonable activities that are conducted pursuant to assurance that in the future Mr. Hood a specific or general license issued by will conduct licensed activities in the NRC including, but not limited to,
VerDate 11
NUCLEAR REGULATORY assure the required preparation and use associated procedures are in COMMISSION of transportation packages in full conformance with 49 CFR 178.362, conformance with the terms and ‘‘Specification 20WC wooden protective [Docket No. 71–0122, Approval No. 0122 conditions of an NRC CoC and with 10 jacket.’’ Each inspection will include, at EA–01–164] CFR part 71. Consequently, as noted a minimum, actual physical In the Matter of J.L. Shepherd & above, in the interest of protecting measurements, and visual inspections Associates, San Fernando, California; public health and safety, JLS&A QA for damage, corrosion, or other Confirmatory Order Relaxing Order; Approval No. 0122 was withdrawn by potentially unacceptable conditions; Effective Immediately an immediately effective Order issued b. JLS&A will document the results of July 3, 2001, (July 2001 Order). each inspection in separate reports I approved by the QA Administrator and III prepared in accordance with the revised J.L. Shepherd & Associates (JLS&A or By letter dated August 17, 2001, QAPP and implementing procedures. Approval Holder) was the holder of JLS&A responded to the U.S. Nuclear The report will include the list of Quality Assurance (QA) Program Regulatory Commission’s July 2001 attributes verified, the acceptance Approval for Radioactive Material Order. In a response, dated August 16, criteria, and the results for each Packages No. 0122 (Approval No. 0122), 2001, JLS&A requested that provisions attribute; issued by the U. S. Nuclear Regulatory of the Order be relaxed based on a 3. JLS&A will train all JLS&A’s staff, Commission (NRC or Commission) showing of good cause. Specifically, contractors, and sub-contractors, pursuant to 10 CFR part 71, subpart H. JLS&A requested interim relief from the involved in the NTCAP, in the revised The approval was previously issued July 2001 Order based on JLS&A’s QAPP and implementing procedures for pursuant to the QA requirements of 10 proposed Near-Term Corrective Action NTCAP activities. Training of the QA CFR 71.101. QA activities authorized by Plan (NTCAP), to allow 66 shipments to Administrator will be performed by a Approval No. 0122 include: design, 15 customers, in Department of QA auditor with the following procurement, fabrication, assembly, Transportation specification packaging minimum qualifications; an testing, modification, maintenance, designated as 20WC. The NRC staff understanding of the NTCAP, a repair, and use of transportation reviewed JLS&A’s relief request and university degree in a physical science packages subject to the provisions of 10 identified, in a September 7, 2001, or engineering program or equivalent CFR part 71. Approval No. 0122 was letter, information necessary for the experience, experience in the review of originally issued January 17, 1980. NRC staff to determine whether to grant engineering drawings, scientific Revision No. 5 was issued January 24, the requested relief consistent with technology, nuclear technology, 1996, with an expiration date on assurances that public health and safety transportation regulations, and at least 5 January 31, 2001, and is under timely are maintained. years experience with International and renewal. In addition to having a QA By letter dated September 13, 2001, American national quality assurance program approved by the NRC to satisfy JLS&A requested to make two additional standards and quality assurance the provisions of 10 CFR part 71, shipments to an additional customer programs. Training of the JLS&A staff, subpart H, to transport or deliver for also using the 20WC packaging. With contractors, and sub-contractors shall be transport licensed material in a package, respect to the substantive concerns performed by either the QA Auditor or JLS&A is required by 10 CFR part 71, identified by the staff in the July 2001 the QA Administrator once trained. The subpart C, to have and comply with the Order, JLS&A agreed to take the QA Auditor who will perform duties package’s Certificate of Compliance following corrective actions listed under this paragraph will be Mr. Donald (CoC) issued by the NRC. Based on below, before it makes any of the R. Neely; JLS&A failure to comply with 10 CFR proposed 68 shipments to 16 customers 4. JLS&A will provide certifications part 71, QA Program Approval No. 0122 in accordance with the proposed under oath and affirmation from both J. was withdrawn, by the immediately NTCAP. L. Shepherd and the independent effective NRC Order dated July 3, 2001. 1. a. JLS&A will correct the auditor that the three conditions listed II deficiencies or clarify language, as above have been completed; applicable, in the QA/QC implementing 5. JLS&A commits to implement the NRC staff conducted an inspection on documents, including procedures, for actions in the August response; May 29–31, 2001, at JLS&A’s facility. the 1995 JLS&A Quality Assurance 6. a. JLS&A commits to have an The inspection identified significant Program Plan (QAPP), identified in the independent auditor, who has full concerns with the implementation of Quality Assurance Audit (QA Audit) authority, to review and inspect all the JLS&A QA program regarding the issued by Donald R. Neely Associates on aspects of JLS&A operations, shipments, design, use, repair, and maintenance of December 4, 2000, with respect to those and documentation, that the transportation packages approved for items that require full or limited independent auditor believes are use by NRC under CoC No. 6280. application of the NTCAP as stated in necessary, perform monthly Specifically, NRC found that JLS&A Section 1.2 and Appendix A of the performance based and in-depth audits failed to implement portions of the QA August response; of all ongoing NTCAP items. The Program Approval No. 0122 which b. JLS&A will make available to NRC independent auditor shall be approved resulted in JLS&A delivering for export inspectors a document indicating how by NRC or have been previously radioactive material in a transportation each deficiency in the QA Audit was approved by NRC to perform audits at package that did not comply with the corrected; JLS&A. The QA Auditor who will requirements of 10 CFR part 71. As a 2. a. JLS&A will use the implementing perform duties under this paragraph result of the findings during the May procedures for the 1995 QAPP, as will be Mr. Donald R. Neely; 29–31, 2001, inspection the NRC lacked revised and corrected in accordance b. The audits described in paragraph confidence that JLS&A would with Item 1, to complete an inspection 6.a. will, at a minimum, be performed implement the QA Program approved by of all 20WC packages involved in the using the inspection evaluation NRC in accordance with 10 CFR part 71, proposed NTCAP. The inspection will guidelines in Chapter 4 of NUREG/CR– subpart H, in a manner that would confirm that the packages and 6314, ‘‘Quality Assurance Inspections
VerDate 11
for Shipping and Storage Containers,’’ application of the NTCAP as stated in necessary, perform monthly and will include a combination of Section 1.2 and Appendix A of the performance-based and in-depth audits procedures and records review and August response; of all ongoing NTCAP items. The observations of actual packaging b. JLS&A will make available to NRC independent auditor shall be approved activities, as appropriate for the audits inspectors a document indicating how by NRC or have been previously performed; each deficiency in the QA Audit was approved by NRC to perform audits at c. The independent QA auditor will corrected; JLS&A. The QA auditor who will document the objective, scope, findings 2. a. JLS&A will use the implementing perform duties under this paragraph and proposed corrective actions of the procedures for the 1995 QAPP, as will be Mr. Donald R. Neely; audits and will provide copies revised and corrected in accordance b. The audits described in paragraph simultaneously to both JLS&A and NRC. with Item 1, to complete an inspection 6.a. will, at a minimum, be performed The audit report shall be provided 20 of all 20WC packages involved in the using the inspection evaluation calendar days after the end of each proposed NTCAP. The inspection will guidelines in Chapter 4 of NUREG/CR– month; and confirm that the packages and 6314, ‘‘Quality Assurance Inspections 7. JLS&A commits to hold all associated procedures are in for Shipping and Storage Containers,’’ shipments until NRC has completed an conformance with 49 CFR 178.362, and will include a combination of inspection. At the conclusion of the ‘‘Specification 20WC wooden protective procedures and records review and inspection, NRC will notify JLS&A if jacket.’’ Each inspection will include, at observations of actual packaging shipments can commence. a minimum, actual physical activities, as appropriate for the audits In addition, on September 13, 2001, measurements, and visual inspections performed; JLS&A consented to issuance of this for damage, corrosion, or other c. The independent QA auditor will Confirmatory Order granting interim potentially unacceptable conditions; document the objective, scope, findings relief from the July 2001 Order subject b. JLS&A will document the results of and proposed corrective actions of the to the commitments, as described in each inspection in separate reports audits and will provide copies Section IV below, agreed that this approved by the QA Administrator and simultaneously to both JLS&A and NRC. Confirmatory Order is to be effective prepared in accordance with the revised The audit report shall be provided 20 upon issuance, and agreed to waive its QAPP and implementing procedures. calendar days after the end of each right to a hearing on this action. The report will include the list of month; and, Implementation of these commitments attributes verified, the acceptance 7. JLS&A commits to hold all will provide assurance that sufficient criteria, and the results for each shipments until NRC has completed an resources will be applied to the QA attribute; inspection. At the conclusion of the program, and that the program will be 3. JLS&A will train all JLS&A’s staff, inspection, NRC will notify JLS&A if conducted safely and in accordance contractors, and sub-contractors, that shipments can commence for the with NRC requirements. will be involved in the NTCAP, in the proposed 68 shipments to 16 customers I find that JLS&A’s commitments as revised QAPP and implementing in accordance with the NTCAP. set forth in Section IV are acceptable procedures for NTCAP activities. The Director, Office of Enforcement or and necessary and conclude that with Training of the QA Administrator will Office of Nuclear Material Safety and these commitments the public health be performed by a QA auditor with the Safeguards, may in writing, relax or and safety are reasonably assured. In following minimum qualifications; an rescind this Confirmatory Order upon view of the foregoing, I have determined understanding of the NTCAP, a demonstration of good cause by the that the public health and safety require university degree in a physical science Approval Holder. that JLS&A’s commitments be confirmed or engineering program or equivalent V by this Confirmatory Order. Based on experience, experience in the review of the above and JLS&A’s consent, this engineering drawings, scientific In accordance with 10 CFR 2.202, any Confirmatory Order is effective technology, nuclear technology, person, other than JLS&A, adversely immediately upon issuance. transportation regulations, and at least 5 affected by this Confirmatory Order may years experience with International and request a hearing within 20 days of its IV American national quality assurance issuance. Where good cause is shown, Accordingly, pursuant to sections 62, standards and quality assurance consideration will be given to extending 81, 161b, 161i, 182 and 186 of the programs. Training of the JLS&A staff, the time to request a hearing. A request Atomic Energy Act of 1954, as amended, contractors, and sub-contractors shall be for extension of time must be made in and the Commission’s regulations in 10 performed by either the QA Auditor or writing to the Director, Office of CFR 2.202 and 10 CFR parts 71 and 110, the QA Administrator once trained. The Enforcement, U.S. Nuclear Regulatory It Is Hereby Ordered, Effective QA Auditor who will perform duties Commission, Washington, DC 20555, Immediately, That The July 3, 2001 under this paragraph will be Mr. Donald and include a statement of good cause Order Is Relaxed To Grant Interim Relief R. Neely; for the extension. Any request for a To Allow 68 Shipments to 16 Customers 4. JLS&A will provide certifications hearing shall be submitted to the 20 WC Packages in Accordance with under oath and affirmation from both J. Secretary, U.S. Nuclear Regulatory JLS&A’S NTCAP, Through March 2002, L. Shepherd and the independent Commission, Attn: Rulemakings and Provided: auditor that the three conditions listed Adjudications Staff, Washington, DC 1. a. JLS&A will correct the above have been completed; 20555. Copies of the hearing request deficiencies or clarify language, as 5. JLS&A commits to implement the also should be sent to the Director, applicable, in the QA/QC implementing actions in the August response; Office of Enforcement, U.S. Nuclear documents, including procedures, for 6. a. JLS&A commits to have an Regulatory Commission, Washington, the 1995 QAPP, identified in the independent auditor, who has full DC 20555, to the Director, Office of Quality Assurance Audit (QA Audit) authority to review and inspect all Nuclear Material Safety and Safeguards issued by Donald R. Neely Associates on aspects of JLS&A operations, shipments, at the same address, to the Assistant December 4, 2000, with respect to those and documentation that the General Counsel for Materials Litigation items that require full or limited independent auditor believes are and Enforcement at the same address, to
VerDate 11
the Regional Administrator, NRC Region CPL’s 25.2 percent interest in STP respect to significant hazards IV, 611 Ryan Plaza Drive, Suite 400, Nuclear Operating Company (STPNOC), considerations are being solicited, Arlington, TX 76011, and to the the licensed operator of STPEGS under notwithstanding the general comment Approval Holder. If such person the licenses, to CPL Genco LP. CPL is procedures contained in 10 CFR 50.91. requests a hearing, that person shall set one of four joint owners of STPEGS The filing of requests for hearing and forth with particularity the manner in under the licenses. CPL Genco LP will petitions for leave to intervene, and which his or her interest is adversely be indirectly wholly owned by written comments with regard to the affected by this Confirmatory Order and American Electric Power Company, the license transfer application, are shall address the criteria set forth in 10 parent company of CPL. discussed below. CFR 2.714(d). The Commission is further By October 18, 2001, any person If a hearing is requested by a person considering amending the licenses for whose interest may be affected by the whose interest is adversely affected, the administrative purposes to reflect the Commission’s action on the application Commission will issue an Order proposed direct transfer of CPL’s may request a hearing and, if not the designating the time and place of any interest in STPEGS, including reflecting applicant, may petition for leave to hearing. If a hearing is held, the issue to the company now referred to as CPL intervene in a hearing proceeding on the be considered at such hearing shall be Genco LP as the licensee. According to Commission’s action. Requests for a whether this Confirmatory Order should an application for approval filed by hearing and petitions for leave to be sustained. STPNOC, acting on behalf of CPL, NRC intervene should be filed in accordance In the absence of any request for will be provided with the actual name with the Commission’s rules of practice hearing, or written approval of an of the new company before the set forth in Subpart M, ‘‘Public extension of time in which to request a Commission can issue conforming Notification, Availability of Documents hearing, the provisions specified in administrative amendments. and Records, Hearing Requests and Section IV above shall be final 20 days According to the application, Procedures for Hearings on License from the date of this Confirmatory Order following the proposed transfer, CPL Transfer Applications,’’ of 10 CFR part without further Order or proceedings. If Genco LP would possess a 25.2 percent 2. In particular, such requests and an extension of time for requesting a undivided ownership interest in petitions must comply with the hearing has been approved, the STPEGS under essentially the same requirements set forth in 10 CFR 2.1306, provisions specified in Section IV shall conditions and authorizations as and should address the considerations be final when the extension expires if a included in the existing NRC licenses contained in 10 CFR 2.1308(a). hearing request has not been received. A for STPEGS, including the antitrust Untimely requests and petitions may be Request for Hearing Shall Not Stay The conditions, which would be retained. denied, as provided in 10 CFR Immediate Effectiveness of This No physical or operational changes to 2.1308(b), unless good cause for failure Confirmatory Order. STPEGS are being proposed, and to file on time is established. In STPNOC would at all times remain the addition, an untimely request or Dated this 19th day of September 2001. licensed operator of the facility. petition should address the factors that For the Nuclear Regulatory Commission. Pursuant to 10 CFR 50.80, no license the Commission will also consider, in Frank J. Congel, shall be transferred, directly or reviewing untimely requests or Director, Office of Enforcement. indirectly, through transfer of control of petitions, set forth in 10 CFR [FR Doc. 01–24338 Filed 9–27–01; 8:45 am] the license, unless the Commission 2.1308(b)(1)–(2). BILLING CODE 7590–01–P gives its consent in writing. The Requests for a hearing and petitions Commission will approve an for leave to intervene should be served application for the transfer of a license, upon George L. Edgar, Morgan, Lewis NUCLEAR REGULATORY if the Commission determines that the and Bockius, LLP, 1800 M Street, NW, COMMISSION proposed transferee is qualified to be Washington, DC 20036–5869; telephone: the holder of the license, and that the 202–467–7459; fax: 202–467–7176; [Docket Nos. 50–498 and 50–499] transfer is otherwise consistent with email: [email protected]; the STP Nuclear Operating Company, applicable provisions of law, General Counsel, U.S. Nuclear South Texas Project, Units 1 and 2; regulations, and orders issued by the Regulatory Commission, Washington, Notice of Consideration of Approval of Commission pursuant thereto. DC 20555 (e-mail address for filings Application of Central Power and Light Before issuance of the proposed regarding license transfer cases only: Company Regarding Transfer of conforming license amendments, the [email protected]); and the Secretary of the Facility Operating Licenses and Commission will have made findings Commission, U.S. Nuclear Regulatory Conforming Amendments and required by the Atomic Energy Act of Commission, Washington, DC 20555– Opportunity for a Hearing 1954, as amended (the Act), and the 0001, Attention: Rulemakings and Commission’s regulations. Adjudications Staff, in accordance with The Nuclear Regulatory Commission As provided in 10 CFR 2.1315, unless 10 CFR 2.1313. (the Commission) is considering the otherwise determined by the The Commission will issue a notice or issuance of an order under 10 CFR Commission with regard to a specific order granting or denying a hearing 50.80, approving the direct transfer of application, the Commission has request or intervention petition, control of the 25.2 percent undivided determined that any amendment to the designating the issues for any hearing ownership interest of Central Power and license of a utilization facility which that will be held and designating the Light Company (CPL) in the South does no more than conform the license Presiding Officer. A notice granting a Texas Project Electric Generating to reflect the transfer action involves no hearing will be published in the Federal Station (STPEGS), Units 1 and 2, under significant hazards consideration. No Register and served on the parties to the Facility Operating License Nos. NPF–76 contrary determination has been made hearing. and NPF–80, to an as yet unnamed with respect to this specific license As an alternative to requests for Texas partnership (referred to in the amendment application. In light of the hearing and petitions to intervene, by application as CPL Genco LP); and, to generic determination reflected in 10 October 29, 2001, persons may submit the extent a direct transfer would result, CFR 2.1315, no public comments with written comments regarding the license
VerDate 11
transfer application, as provided for in Incorporated (Reliant) 1 in the South that the proposed transferee is qualified 10 CFR 2.1305. The Commission will Texas Project Electric Generating to be the holder of the license; and an consider and, if appropriate, respond to Station (STPEGS), Units 1 and 2 under application for indirect transfer, if the these comments, but such comments Facility Operating License Nos. NPF–76 Commission determines that the will not otherwise constitute part of the and NPF–80, to an as yet unnamed new proposed transfer of control will not decisional record. Comments should be parent holding company (referred to in affect the qualifications of the licensee. submitted to the Secretary, U.S. Nuclear the application as Regco); and, to the With respect to both direct and indirect Regulatory Commission, Washington, extent an indirect transfer would result, transfers, the Commission must also DC 20555–0001, Attention: Rulemakings Reliant’s 30.8 percent interest in STP determine that the transfer is otherwise and Adjudications Staff, and should cite Nuclear Operating Company (STPNOC), consistent with applicable provisions of the publication date and page number of the licensed operator of STPEGS under law, regulations, and orders issued by this Federal Register notice. the licenses, to Regco. Reliant is one of the Commission pursuant thereto. four joint owners of STPEGS under the Before issuance of the proposed For further details with respect to this licenses. conforming license amendments, the action, see the application dated June The Commission is also considering Commission will have made findings 28, 2001, available for public inspection approving the direct transfer of Reliant’s required by the Atomic Energy Act of at the Commission’s Public Document 30.8 percent ownership interest in 1954, as amended (the Act), and the Room, located at One White Flint North, STPEGS to an as yet unnamed new Commission’s regulations. 11555 Rockville Pike (first floor), Texas partnership (referred to in the As provided in 10 CFR 2.1315, unless Rockville, Maryland. Publicly available application as Texas Genco LP), which otherwise determined by the records will be accessible electronically will be indirectly wholly owned by Commission with regard to a specific from the Agencywide Documents Regco, and, to the extent that a direct application, the Commission has Access and Management Systems transfer of Reliant’s interest will result, determined that any amendment to the (ADAMS) Public Electronic Reading Reliant’s 30.8 percent interest in license of a utilization facility which Room on the internet at the NRC Web STPNOC to Texas Genco LP. The does no more than conform the license site, http://www.nrc.gov/ADAMS/ Commission is further considering to reflect the transfer action involves no index.html. If you do not have access to amending the licenses for significant hazards consideration. No ADAMS or if there are problems in administrative purposes to reflect the contrary determination has been made accessing the documents located in proposed direct transfer of Reliant’s with respect to this specific license ADAMS, contact the NRC Public interest in STPEGS, including reflecting amendment application. In light of the Document Room (PDR) Reference staff the company now referred to as Texas generic determination reflected in 10 at 1–800–397–4209, 301–415–4737 or Genco LP as the licensee. According to CFR 2.1315, no public comments with by email to [email protected]. an application for approval filed by respect to significant hazards STPNOC, acting on behalf of Reliant, considerations are being solicited, Dated at Rockville, Maryland this 21st day NRC will be provided with the actual notwithstanding the general comment of September, 2001. name of the new company before the procedures contained in 10 CFR 50.91. For the Nuclear Regulatory Commission. Commission can issue conforming The filing of requests for hearing and Mohan C. Thadani, administrative amendments. The petitions for leave to intervene, and Senior Project Manager, Section 1, Project applicant states that the transfer of written comments with regard to the Directorate IV, Division of Licensing Project Reliant’s ownership interests to Texas license transfer application, are Management, Office of Nuclear Reactor Genco LP would occur either discussed below. By October 18, 2001, any person Regulation. contemporaneously with Regco whose interest may be affected by the [FR Doc. 01–24339 Filed 9–27–01; 8:45 am] becoming the parent holding company Commission’s action on the application BILLING CODE 7590–01–P of Reliant or some time thereafter. may request a hearing and, if not the According to the application, applicant, may petition for leave to following the proposed transfers, Texas intervene in a hearing proceeding on the NUCLEAR REGULATORY Genco LP would possess a 30.8 percent Commission’s action. Requests for a COMMISSION undivided ownership interest in hearing and petitions for leave to STPEGS under essentially the same intervene should be filed in accordance conditions and authorizations as [Docket Nos. 50–498 and 50–499] with the Commission’s rules of practice included in the existing NRC licenses set forth in Subpart M, ‘‘Public for STPEGS, including the antitrust STP Nuclear Operating Company, Notification, Availability of Documents conditions, which would be retained. South Texas Project, Units 1 and 2; and Records, Hearing Requests and No physical or operational changes to Notice of Consideration of Approval of Procedures for Hearings on License STPEGS are being proposed, and Application of Reliant Energy Transfer Applications,’’ of 10 CFR part STPNOC would at all times remain the Incorporated (Formerly Known as 2. In particular, such requests and licensed operator of the facility. Houston Lighting & Power Company petitions must comply with the Pursuant to 10 CFR 50.80, no license Regarding Transfer of Facility requirements set forth in 10 CFR 2.1306, shall be transferred, directly or Operating Licenses and Conforming and should address the considerations indirectly, through transfer of control of Amendments, and Opportunity for a contained in 10 CFR 2.1308(a). the license, unless the Commission Hearing Untimely requests and petitions may be gives its consent in writing. The denied, as provided in 10 CFR Commission will approve an The Nuclear Regulatory Commission 2.1308(b), unless good cause for failure application for the direct transfer of a (the Commission) is considering the to file on time is established. In license, if the Commission determines issuance of an order under 10 CFR addition, an untimely request or 50.80, approving the indirect transfer of 1 Reliant was known as Houston Lighting & Power petition should address the factors that control of the 30.8 percent undivided Company (HL&P). HL&P changed its name to the Commission will also consider, in ownership interest of Reliant Energy, Reliant Energy Incorporated in 1999. reviewing untimely requests or
VerDate 11
petitions, set forth in 10 CFR For the Nuclear Regulatory Commission. millirem per year, and the annual dose 2.1308(b)(1)–(2). Mohan C. Thadani, rate for the Airport burial site is 22.5 Requests for a hearing and petitions Senior Project Manager, Section 1, Project millirem per year. Both dose rates are for leave to intervene should be served Directorate IV, Division of Licensing Project below the 25 millirem per year dose Management, Office of Nuclear Reactor limit specified in 10 CFR 20.1402. The upon John E. Mathews, Morgan, Lewis Regulation. and Bakius, LLP; 1800 M Street, NW, licensee also claims that remediation of [FR Doc. 01–24341 Filed 9–27–01; 8:45 am] Washington DC 20036–5869 (telephone: the two sites is not financially viable BILLING CODE 7590–01–P and is not ALARA (as low as reasonably 202–467–7524; fax: 202–467–7176; achievable). As such, the licensee email: [email protected]); requests NRC approval to release the the General Counsel, U.S. Nuclear NUCLEAR REGULATORY two sites for unrestricted use with no Regulatory Commission, Washington, COMMISSION further decommissioning being DC 20555 (e-mail address for filings conducted. regarding license transfer cases only: [Docket No. 030–01176] NRC Approval Process [email protected]); and the Secretary of the Consideration of License Amendment Commission, U.S. Nuclear Regulatory Request to University of Wyoming and Prior to approving the DP, NRC will Commission, Washington, DC 20555– Opportunity for a Hearing have made findings required by the 0001, Attention: Rulemakings and Atomic Energy Act of 1954, as amended, Adjudications Staff, in accordance with AGENCY: Nuclear Regulatory and NRC’s regulations. The University 10 CFR 2.1313. Commission. of Wyoming burial sites fall under the The Commission will issue a notice or ACTION: Notice of consideration of Type IV decommissioning facility order granting or denying a hearing amendment request and opportunity for requirements. The final approval of the request or intervention petition, a hearing. DP will be incorporated into the license as a license amendment. The review of designating the issues for any hearing SUMMARY: The U.S. Nuclear Regulatory the DP shall be supported by the that will be held and designating the Commission is considering issuance of development of an Environmental Presiding Officer. A notice granting a a license amendment to Materials Assessment (EA), Finding of No hearing will be published in the Federal License No. 49–09955–10, issued to the Significant Impact (FONSI), and Safety Register and served on the parties to the University of Wyoming, to release for Evaluation Report (SER) by the NRC hearing. unrestricted use two burial sites located staff. Facilities under Type IV near Laramie, Wyoming, as requested in As an alternative to requests for decommissioning requirements will the licensee’s revised decommissioning hearing and petitions to intervene, by receive a confirmatory survey and a plan dated May 30, 2001. October 29, 2001, persons may submit closeout inspection by the NRC. If the FOR FURTHER INFORMATION CONTACT: written comments regarding the license confirmatory survey results indicate that transfer application, as provided for in Blair Spitzberg, Chief, Fuel Cycle the licensee’s evaluation of the 10 CFR 2.1305. The Commission will Decommissioning Branch (FCDB) at radiological status of the site is consider and, if appropriate, respond to (817) 860–8191 or Robert Evans, FCDB statistically valid and meets NRC’s these comments, but such comments at (817) 860–8234. criteria and NRC has determined that will not otherwise constitute part of the SUPPLEMENTARY INFORMATION: The the Final Status Survey demonstrates decisional record. Comments should be University of Wyoming currently that the site satisfies NRC requirements, submitted to the Secretary, U.S. Nuclear possesses radioactive material under a the site is suitable for release from Regulatory Commission, Washington, license of broad scope. The licensee regulatory control. At the time of release DC 20555–0001, Attention: Rulemakings uses the material for research and of the site or termination of the license, and Adjudications Staff, and should cite development, academic instruction, and a subsequent Federal Register notice the publication date and page number of animal studies. On May 30, 2001, the will be published to announce the this Federal Register notice. licensee submitted a revised intent of the NRC Staff to release the site decommissioning plan (DP) to the NRC For further details with respect to this for unrestricted use or to terminate the requesting release of two burial sites action, see the application dated May license. previously used by the University of 31, 2001, available for public inspection Wyoming during 1952–1985. The Documents at the Commission’s Public Document licensee was previously authorized to Room, located at One White Flint North, The revised DP submitted by the dispose of radioactive material by burial 11555 Rockville Pike (first floor), University of Wyoming to the NRC is in accordance with 10 CFR 20.304 and Rockville, Maryland. Publicly available available for public inspection from the 20.302. By 1981, 10 CFR 20.304 had records will be accessible electronically Publicly Available Records (PARS) been rescinded by the NRC, so the from the Agencywide Documents component of NRC’s document system licensee then conducted burials in (ADAMS). ADAMS is accessible from Access and Management Systems accordance with 10 CFR 20.302. During (ADAMS) Public Electronic Reading the NRC web site at http://www.nrc.gov/ 1985, the NRC rejected the licensee’s NRC/ADAMS/index.html (the Public Room on the internet at the NRC Web request to continue to dispose of site, http://www.nrc.gov/ADAMS/ Electronic Reading Room). Assistance radioactive material by burial in with the Public Electronic Reading index.html. If you do not have access to accordance with 10 CFR 20.302. The ADAMS or if there are problems in Room may be obtained by calling (800) licensee now requests that the two 397–4209. accessing the documents located in burial sites be left in place and the sites ADAMS, contact the NRC Public released for unrestricted use. The Notice of Opportunity for Hearing Document Room (PDR) Reference staff licensee’s decision is based on dose The NRC hereby provides notice that at 1–800–397–4209, 301–415–4737 or modeling calculations conducted using this is a proceeding on an application by email to [email protected]. the DandD computer program. The for amendment of a license falling Dated at Rockville, Maryland this 21st day licensee concluded that the annual dose within the scope of subpart L, ‘‘Informal of September, 2001. rate for the Quarry burial site is 2.74 Hearing Procedures for Adjudications in
VerDate 11
Materials and Operator Licensing NUCLEAR REGULATORY this commitment during the upcoming Proceedings,’’ of NRC’s rules and COMMISSION refueling outages and perform practice for domestic licensing examinations of approximately 60 proceedings in 10 CFR part 2. Pursuant [Docket Nos. 50–237 and 50–249] percent of the RPV welds which is to § 2.1205(a), any person whose interest Exelon Generation Company, LLC typical for similar BWR plants. may be affected by the proceeding may Dresden Nuclear Power Station, Units However, the licensee has proposed to file a request for a hearing in accordance 2 and 3; Environmental Assessment implement the improved AIRIS 21 with § 2.1205(d). A request for a hearing and Finding of No Significant Impact system technology which will provide must be filed within thirty (30) days of increased RPV weld coverage. The the date of publication of this Federal The U.S. Nuclear Regulatory AIRIS 21 system, which requires Register notice. Commission (NRC) is considering additional refueling bridge support in The request for a hearing must be issuance of an exemption from certain order to perform inspections, would add filed with the Office of the Secretary requirements of 10 CFR approximately 64 hours of critical time either: 50.55a(g)(6)(ii)(A)(2) for Facility to each refueling outage. In lieu of 1. By delivery to the Rulemakings and Operating License Nos. DPR–19 and extending the refueling outages, the Adjudications Staff of the Office of the DPR–25, issued to Exelon Generation licensee has proposed to spread the RPV Secretary at One White Flint North, Company, LLC (Exelon, or the licensee) weld examinations over the next two 11555 Rockville Pike, Rockville, MD for operation of the Dresden Nuclear refueling outages for both DNPS Units 2 20852–2738; or Power Station, Units 2 and 3, located in and 3. A one-cycle extension would 2. By mail, telegram or facsimile Grundy County, Illinois. Therefore, as allow optimum coverage without addressed to the Secretary, U.S. Nuclear required by 10 CFR 51.21, the NRC is imposing production penalties Regulatory Commission, Washington, issuing this environmental assessment associated with a refueling outage DC 20555. Attention: Rulemakings and and finding of no significant impact. extension. Adjudications Staff. 10 CFR 50.12 permits the Nuclear In addition to meeting other Environmental Assessment Regulatory Commission to grant applicable requirements of 10 CFR Part Identification of the Proposed Action exemptions which are authorized by 2 of the NRC’s regulations, a request for law, will not present undue risk to the a hearing filed by a person other than The proposed action would grant a health and safety of the public, and are an applicant must describe in detail: schedular exemption for Dresden consistent with the common defense 1. The interest of the requester in the Nuclear Power Station (DNPS), Units 2 and security, provided that special proceeding; and 3, from implementation of inservice circumstances are present. Pursuant to 2. How that interests may be affected examinations of the reactor pressure 10 CFR 51.12 (a)(2), the Commission by the results of the proceeding, vessel (RPV) vertical welds and the top believes that special circumstances exist including the reasons why the requestor shell course to vessel flange weld, per in that the requested schedular should be permitted a hearing, with American Society of Mechanical extension is required to prevent particular reference to the factors set out Engineers (ASME) Boiler and Pressure extended shutdown of DNPS, Units 2 in § 2.1205(h); Vessel Code Section XI, Table IWB– and 3. Preparations for a refueling 3. The requester’s area of concern 2500, items B1.12 and B1.30, by the end outage are proceeding based on a about the licensing activity that is the of the current ten year intervals, as scheduled shutdown in October 2001. subject matter of the proceeding; and required by 10 CFR 50.55a, ‘‘Codes and An extended outage would present 4. The circumstances establishing that standards,’’ paragraph (g)(6)(ii)(A)(2). undue hardship and costs due to lost the request for a hearing is timely in The current intervals end on January 19, generation. The requested exemption accordance with § 2.1205(d)—that is, 2003, for DNPS Unit 2 and October 31, will only provide temporary relief from filed within 30 days of the date of this 2002, for DNPS Unit 3. This schedular the applicable regulation and does not notice. exemption requests an extension for the In accordance with 10 CFR 2.1205(f), jeopardize the health and safety of the performance of the third interval public. each request for a hearing must also be inspections of these welds until the served, by delivering it personally or by completion of the D2R18 outage for Unit Environmental Impacts of the Proposed mail, to: 2 in October 2003, and until the Action 1. The applicant, University of completion of the D3R18 outage in The NRC has completed its evaluation Wyoming, Environmental Health & October 2004 for Unit 3. of the proposed action and concludes Safety, 303 Merica Hall, PO Box 3413, The proposed action is in accordance that there are no significant adverse Laramie, Wyoming 82071–3413; and with the licensee’s application dated environmental impacts associated with 2. The NRC staff, by delivery to the June 12, 2001, as supplemented by letter the proposed action. General Counsel, One White Flint dated July 23, 2001. The proposed action will not North, 11555 Rockville Pike, Rockville, significantly increase the probability or MD 20852, or by mail, addressed to the The Need for the Proposed Action consequences of accidents, no changes General Counsel, U.S. Nuclear The proposed schedular exemption is are being made in the types of any Regulatory Commission, Washington, needed to prevent an extension of the effluents that may be released offsite, DC 20555. upcoming refueling outages. 10 CFR and there is no significant increase in Dated at Arlington, Texas, this 20th day of 50.55a(g)(6)(ii)(A)(2) requires DNPS to occupational or public radiation September 2001. perform an examination of its RPV exposure. Therefore, there are no For the Nuclear Regulatory Commission. welds during the current ten-year significant radiological environmental D. Blair Spitzberg, inspection interval which concludes for impacts associated with the proposed Chief, Fuel Cycle Decommissioning Branch, each unit during the upcoming refueling action. Division of Nuclear Materials Safety, Region outages, D2R17 and D3R17, scheduled With regard to potential non- IV. for October 2001 and September 2002, radiological environmental impacts, the [FR Doc. 01–24337 Filed 9–27–01; 8:45 am] respectively. Using conventional proposed action does not have a BILLING CODE 7590–01–P equipment, the licensee could fulfill potential to affect any historic sites. It
VerDate 11
does not affect non-radiological plant Dated at Rockville, Maryland, this 10th day Background of September 2001. effluents and has no other Regulatory Issue Summary 2000–06, environmental impact. Therefore, there For The Nuclear Regulatory Commission. ‘‘Consolidated Line Item Improvement are no significant non-radiological Anthony J. Mendiola, Process for Adopting Standard impacts associated with the proposed Chief, Section 2, Project Directorate III, Technical Specification Changes for action. Division of Licensing Project Management, Power Reactors,’’ was issued on March Accordingly, the Commission Office of Nuclear Reactor Regulation. 20, 2000. The consolidated line item concludes that there are no significant [FR Doc. 01–24336 Filed 9–27–01; 8:45 am] improvement process (CLIIP) is environmental impacts associated with BILLING CODE 7590–01–P intended to improve the efficiency of the proposed action. NRC licensing processes. This is Environmental Impacts of the accomplished by processing proposed NUCLEAR REGULATORY Alternatives to the Proposed Action changes to the standard technical COMMISSION As an alternative to the proposed specifications (STS) in a manner that action, the staff considered denial of the Notice of Availability of Model supports subsequent license amendment proposed action (i.e., the ‘‘no action’’ Application Concerning Technical applications. The CLIIP includes an alternative). Denial of the application Specification Improvement To Modify opportunity for the public to comment would result in no change in current Requirements Regarding Missed on proposed changes to the STS environmental impacts. The Surveillances Using the Consolidated following a preliminary assessment by environmental impacts of the proposed Line Item Improvement Process the NRC staff and finding that the action and the alternative action are change will likely be offered for AGENCY: Nuclear Regulatory similar. adoption by licensees. The CLIIP directs Commission. the NRC staff to evaluate any comments Alternative Use of Resources ACTION: Notice of Availability. received for a proposed change to the The action does not involve the use of STS and to either reconsider the change SUMMARY: Notice is hereby given that any different resource than those or to proceed with announcing the the staff of the Nuclear Regulatory previously considered in the Final availability of the change for proposed Commission (NRC) has prepared a Environmental Statement for the adoption by licensees. Those licensees model application relating to the Dresden Nuclear Power Station, Units 2 opting to apply for the subject change to modification of requirements regarding and 3, dated November 1973. technical specifications are responsible missed surveillances imposed on for reviewing the staff’s evaluation, Agencies and Persons Consulted licensees through technical referencing the applicable technical On July 24, 2001, the staff consulted specifications. The purpose of this justifications, and providing any with the Illinois State official, Frank model is to permit the NRC to efficiently necessary plant-specific information. Niziolek, of the Illinois Department of process amendments that propose to Each amendment application made in Nuclear Safety, regarding the modify requirements for missed response to the notice of availability environmental impact of the proposed surveillances as generically approved by will be processed and noticed in action. The State official had no this notice. Licensees of nuclear power accordance with applicable rules and comments. reactors to which the model applies NRC procedures. could request amendments utilizing the This notice involves the modification Finding of No Significant Impact model application. of requirements regarding missed On the basis of the environmental DATES: The NRC staff issued a Federal surveillances in technical specifications. assessment, the NRC concludes that the Register Notice (66 FR 32400, June 14, This change was proposed for proposed action will not have a 2001) which provided a Model Safety incorporation into the standard significant effect on the quality of the Evaluation relating to modification of technical specifications by all Owners human environment. Accordingly, the requirements regarding missed Groups participants in the Technical Commission has determined not to surveillances 1 similarly, the NRC staff, Specification Task Force (TSTF) and is prepare an environmental impact herein provides a Model Application. designated TSTF–358 Revision 5. The statement for the proposed action. The NRC staff can most efficiently change referenced in the Federal For further details with respect to the consider applications based upon the Register Notice (FRN) 66FR32400, of proposed action, see the licensee’s letter Model Application, which reference the June 14, 2001, is TSTF–358 Revision 5 dated June 12, 2001, as supplemented Model Safety Evaluation, if the with some modifications that are by letter dated July 23, 2001. Documents application is submitted within a year of identified in the FRN. The modified may be examined, and/or copied for a this Federal Register Notice. TSTF–358 Revision 5 is further revised fee, at the NRC’s Public Document FOR FURTHER INFORMATION CONTACT: by the response to the public comments, Room (PDR), located at One White Flint Robert Dennig, Mail Stop: O–12H4, as noted in the responses. The TSTF– North, 11555 Rockville Pike (first floor), Division of Regulatory Improvement 358 Revision 5 as submitted, and as Rockville, Maryland. Publicly available Programs, Office of Nuclear Reactor revised by both the FRN and the public records will be accessible electronically Regulation, U.S. Nuclear Regulatory comments (‘‘fully modified TSTF–358 from the ADAMS Public Library Commission, Washington, DC 20555– Revision 5’’), can both be viewed on the component on the NRC Web site, http:/ 0001, telephone 301–415–1161. NRC’s web page at http://www.nrc.gov/ /www.nrc.gov (the Public Electronic SUPPLEMENTARY INFORMATION: NRR/sts/sts.htm. Reading Room). If you do not have Applicability access to ADAMS or if there are 1 [In conjunction with the proposed change, problems in accessing the documents technical specifications (TS) requirements for a This proposed change to modify located in ADAMS, contact the NRC Bases Control Program, consistent with the TS technical specification requirements for Bases Control Program described in Section 5.5 of PDR Reference staff at 1–800–397–4209, the applicable vendor’s standard TS (STS), shall be missed surveillances is applicable to all or 301–415–4737, or by e-mail at incorporated into the licensee’s TS, if not already licensees who currently have or who [email protected]. in the TS.] will adopt, in conjunction with the
VerDate 11
proposed change, technical by the response to the public comments. specifications that a specific risk specification requirements for a Bases The TSTF–358 Revision 5 as submitted, assessment be performed, above that control program consistent with the and as revised by both the FRN and the required by 10 CFR 50.65 (a)(4), to Technical Specifications (TS) Bases public comments (‘‘fully modified account for STI increases. This Control Program described in Section TSTF–358 Revision 5’’), can both be additional risk evaluation, stipulated by 5.5 of the applicable vendor’s STS. viewed on the NRC’s web page at http:/ SR 3.0.3, is not required if the To efficiently process the incoming www.nrc.gov/NRR/sts/sts.htm. The surveillance can be performed within 24 license amendment applications, the TSTF–358 Revision 5 change request, hours of its discovery of being missed; staff requests each licensee applying for the fully modified TSTF–358 Revision the usual (a)(4) analysis will suffice. the changes addressed by the fully 5, as well as the NRC staff’s safety 2. Comment: Several of the comments modified TSTF–358 Revision 5 using evaluation may be examined, and/or addressed the Bases statement that a the CLIIP to include Bases for the copied for a fee, at the NRC/s Public missed surveillance ‘‘shall be performed proposed technical specification Document Room, located at One White at the first reasonable opportunity.’’ consistent with the Bases proposed in Flint North, 11555 Rockville Pike (first There are two aspects to these the fully modified TSTF–358 Revision floor), Rockville, Maryland. Publicly comments: first, that the list of 5. In addition, for those licensees that available records are accessible considerations for ‘‘first reasonable have not adopted requirements for a electronically from the ADAMS Public opportunity’’ is different in the SE and Bases control program by converting to Library component on the NRC Web the Base, and the impact on the safety the improved STS or by other means, site, (the Electronic Reading Room). analysis may be difficult to determine; the staff requests that you include the In response to the notice soliciting and second, that the use of the term requirements for a Bases control comments from interested members of ‘‘shall’’ implies a requirement, which program consistent with the STS in your the public about modifying the TS should not be made in the Bases. request for the proposed change. The requirements regarding missed Response: The list of considerations need for a Bases control program stems surveillances, the staff received six sets for the basis of the delay in the safety from the need for adequate regulatory of comments (three from individual evaluation (SE) is intended to clarify the control of some key elements of the licensees, one from the Nuclear Energy Bases list in light of the risk informed proposal that are contained in the Institute, one from a law firm that nature of the SR 3.0.3 modification, and proposed Bases for SR 3.0.3. The staff is represents licensees, and one from a not intended to be materially different. requesting that the Bases be included member of the public). Specific However, to avoid confusion, the Bases with the proposed license amendments comments on the model SE were list will be made consistent with the SE because, in this case, the changes to the offered, and are summarized and list. The added phrase on evaluating the technical specifications and changes to discussed below: ‘‘impact on the accident analysis,’’ the associated Bases form an integrated 1. Comment: A licensee suggested that while it is very rare that a missed change to a plant’s licensing bases. To the risk evaluation required by the surveillance will have any effect on the ensure that the overall change, modification to SR 3.0.3 for a missed accident analysis, will be retained since including the Bases, includes the surveillance (SR) after 24 hours is: (1) it is consistent with the purpose of the appropriate regulatory controls, the staff Redundant to 10 CFR 50.65(a)(4) since maintenance rule. The staff felt that the plans to condition the issuance of each a missed surveillance would be treated use of the term ‘‘shall’’ in the Bases was license amendment on incorporation of as an emergent condition per NEI balanced by the ‘‘first reasonable’’ the changes to the Bases document and guidance and, in addition, since the SR phrase. However, to avoid confusion, on ensuring the licensee’s TS have a would still need to be performed, a risk Bases Control Program for controlling assessment is required per (a)(4); and (2) and since the intent of SE 3.0.3 is to changes to the Bases. The CLIIP does in error in that it implies that there is impose requirements and the intent of not prevent licensees from requesting an no need to perform a risk assessment for its Bases is to provide clarification, the alternative approach or proposing the surveillances that will be missed for less staff will replace the word ‘‘shall’’ with changes without the requested Bases than 24 hours since 10 CFR 50.65 (a)(4) the word ‘‘should’’ in the Bases. and Bases control program. Variations requires a risk assessment regardless of 3. Comment: A licensee commented from the approach recommended in this the time the surveillance will remain that the proposed Bases statement, ‘‘the notice may, however, require additional missed. missed surveillance should be treated as justification, additional review by the Response: SR 3.0.3 does not supplant an emergent condition as discussed in NRC staff and may increase the time and the requirements of 10 CFR 50.65 (a)(4). the Regulatory Guide,’’ is in error since resources needed for the review. In accordance with (a)(4), before any Regulatory Guide 1.182 does not discuss maintenance activity (including emergent conditions, or other similarly Public Notices performing surveillances under any mentioned phrases. The staff issued a Federal Register circumstances), the licensee shall assess Response: Regulatory Guide 1.182 Notice (66 FR 32400, June 14, 2001) that and manage risk associated with the endorses NEI document, ‘‘NUMARC 93– requested public comment on the NRC’s maintenance activity. 01,’’ which discusses these terms; pending action to approve modification The SR 3.0.3 required risk evaluation Regulatory Guide 1.182 contains these of technical specification (TS) is an additional increment to the usual phrases, and associated discussion, requirements regarding missed (a)(4) evaluation, and is to address the through reference of NUMARC 93–01. surveillances. In particular, following an decision to use the extended The significant point being made is that assessment and draft safety evaluation surveillance frequency (the longer the missed surveillance should be by the NRC staff, the staff sought public surveillance test interval (STI) of treated as an emergent condition. comment on proposed changes to the performing the SR late) and provide 4. Comment: A member of the public standard technical specifications (STS), information on the length of time the commented that the FRN did not designated as TSTF–358 Revision 5 STI can be safely extended. For provide a complete and accurate text of with some modifications that are surveillances that would be delayed the proposed change, because it lacked identified in the FRN. The modified beyond 24 hours after discovery of being a mark-up of the STS that showed the TSTF–358 Revision 5 is further revised missed, it is essential to satisfy technical changes.
VerDate 11
Response: The staff believes that the should be clarified how invoking SR will be discussed with stakeholders in FRN completely and accurately 3.0.3 will be viewed and treated with a public forum prior to the second FRN. described the TS and Bases changes regard to ‘‘violation.’’ 10. Comment: It was commented that such that the public could understand Response: As long as the requirements a sample model application package the proposal. The markup of STS of SR 3.0.3 are met for TS surveillances, should be noticed to facilitate the wording was available in the TSTF; the then a missed surveillance will not be adoption of these changes. proposed TSTF–358 Revision 5 markup considered either a nonconformance Response: A sample model was available upon request. issue nor a TS violation. Therefore, it is application package is included with 5. Comment: A member of the public necessary to explicitly state that, ‘‘All this second FRN. and NEI noted that ‘‘the staff plans to missed Surveillances will be placed in 11. Comment: It was commented that condition the issuance of each license the licensee’s Corrective Action the first paragraph of Section 2.1, amendment on incorporation of the Program.’’ ‘‘Background Determination,’’ in the changes into the Bases document and on 7. Comment: A member of the public Proposed Safety Evaluation (66 FR requiring the licensee to control the commented that it should be clarified 32402), Item 2 should read: ‘‘(as stated changes in accordance with the Bases that SR 3.0.3 does not extend the in the existing [SR 3.0.3] Bases).’’ Control Program.’’ The member of the regulation requirements; TS cannot Response: This editorial comment is public stated that this requirement is override regulation. correct, and the Proposed Safety not addressed the SE and seems Response: The comment is correct in Evaluation will be revised accordingly. that TS cannot override regulation. If a contrary to the concept of the Improved 12. Comment: It was commented that regulation-based surveillance frequency Standard Technical Specifications TSTF–358, Revision 5, should be is exceeded, the licensee is in (STS). NEI is concerned that the updated to include the NRC noted nonconformance with the regulations addition of NRC conditions just before editorial changes to enable the model SE and the TS cannot alter that fact. This publication for comment of a model to endorse the TSTF revision without differs from the previous questions safety evaluation could impede industry exception. where a TS controlled STI has been adoption of the associated CLIIP. Response: The change referenced in Response: The staff believes that the exceeded and SR 3.0.3 is entered, all the Federal Register Notice (FRN) need for this requirement is adequately with in the framework of the TS, and 66FR32400, of June 14, 2001, is TSTF– addressed in the Applicability the TS are not then violated. When a 358 Revision 5 with some modifications paragraph of the introduction to the SE, regulation-based surveillance frequency that are identified in the FRN. The and need not be in the SE proper since is exceeded, the regulation has been modified TSTF–358 Revision 5 is it is not directly related to the proposed violated, but the appropriate operational further revised by the response to the SR 3.0.3 modification, but rather to the course of action still needs to be public comments (fully modified TSTF– control process of the related Bases. determined. If a regulation based SR is Further, this requirement is not contrary missed, the regulation normally does 358 Revision 5). The model SE to the concept of the STS since all not stipulate the subsequent course of references the final fully modified plants adopt this program upon action; the TS provide the appropriate TSTF–358 Revision 5. The NEI TSTF conversion to the STS. The intent of this actions. What the Bases are intending to can incorporate the modifying changes statement is to indicate that this aspect clarify is that once the surveillance to TSTF–358 Revision 5 and submit of the STS is viewed as essential to frequency is exceeded, and the unit is TSTF–358 Revision 6. approval of the proposed change, and out of the condition in which the Dated at Rockville, Maryland, this 24th day will be included as part of the CLIIP. surveillance can be performed, SR 3.0.3 of September 2001. Thus, prior to granting this change, the then will provide the means for For the Nuclear Regulatory Commission. staff will ensure that the licensee has a determining the correct and safest William D. Beckner, Bases Control Program, consistent with course of action. Technical Specification Branch, Division of the STS. Licensees wishing to justify 8. Comment: A commenter suggested Regulatory Improvement Programs, Office of adopting this change without adopting that a period of at least one year be Nuclear Reactor Regulation. the Bases Control Program can submit provided during which licensees may Attachment: Sample Model Application. such a request under the normal license reference the model SE and NSHC The following example of an application amendment process, and not part of the determination of the CLIIP product. was prepared by the NRC staff to facilitate CLIIP. Response: This will be stipulated. use of the consolidated line item The staff does not believe that the 9. Comment: NEI commented that the improvement process (CLIIP). The model addition of this condition will impede CLIIP process should be refined such provides the expected level of detail and industry adoption of this change. In that modifications to a TSTF change content for an application to revise technical addition to being needed to adopt traveler that are identified before specifications regarding missed surveillance TSTF–358, this requirement facilitates publication of a CLIIP for public (and adoption of a technical specification the common goal of standardizing this comment can be resolved prior to that bases control program) 1 using CLIIP. program, which is part of the STS that publication. The objective would be a licensees remain responsible for ensuring that their actual application fulfills their serves as the ‘‘point of departure’’ for ‘‘notice of opportunity to comment’’ that administrative requirements as well as this proposed change. endorses a TSTF traveler without Nuclear Regulatory Commission Regulations. 6. Comment: A member of the public exception. U.S. Nuclear Regulatory Commission, commented that it was unnecessary to Response: In general, that staff agrees. Document Control Desk, state, ‘‘All missed Surveillances will be However, in some specific cases when Washington, DC 20555. placed in the licensees Corrective the proposed change does not involve a Subject: Plant name Action Program,’’ since a missed substantive technical change, as in this Docket no. 50—Application for technical Surveillance is a nonconformance and case, it may be beneficial to publish the specification change regarding missed 10 CFR 50, Appendix B, Criterion XVI, change in the FRN, and resolve any surveillance (and adoption of a technical already requires a nonconformance be issues through the comment process. evaluated by a Corrective Action Also, public comments may require 1 If not already in the facility Technical Program. Another comment was that it changes. Those changes, if substantive, Specifications.
VerDate 11
specifications bases control program)1 The changes are consistent with Nuclear personnel, and the time required to perform using the consolidated line item Regulatory Commission (NRC) approved the surveillance. The Bases also state that the improvement process Industry/Technical Specification Task Force risk impact should be managed through the Gentleman: In accordance with the (TSTF) STS change TSTF–358 Revision 5, as program in place to implement 10 CFR provisions of 10 CFR 50.90 [LICENSEE] is modified by Federal Register Notice 50.65(a)(4) and its implementation guidance, 66FR32400, of June 14, 2001, and in response submitting a request for an amendment to the NRC Regulatory Guide 1.182. ‘‘Assessing and technical specifications (TS) for [PLANT to public comments. The availability of this Managing Risks Before Maintenance NAME, UNIT NOS.]. TS improvement was published in the Activities at Nuclear Power Plants,’’ and that The proposed amendment would modify Federal Register on [DATE] as part of the TS requirements for missed surveillances in consolidated line item improvement process the missed surveillance should be treated as SR 3.0.3, (and, in conjunction with the (CLIIP). an emergent condition, as discussed in Regulatory Guide 1.182. In addition, the proposed change, TS requirements for a 2.0 ASSESSMENT Bases control program consistent with TS Bases state that the degree of depth and rigor Bases Control Program described in Section 2.1 Applicability of Published Safety of the evaluation should be commensurate 5.5 of the applicable vendor’s Standard Evaluation with the importance of the component and Technical Specifications.) [LICENSEE] has reviewed the safety that missed surveillances for important Attachment 1 provides a description of the evaluation dated [DATE] as part of the CLIIP. components should be analyzed proposed change, the requested confirmation This review included a review of the NRC quantitatively. The Bases also state that the of applicability, and plant-specific staff’s evaluation, as well as the supporting results of the risk evaluation determine the verifications. Attachment 2 provides the information provided to support TSTF–358. safest course of action. In addition, the Bases existing TS pages marked up to show the [LICENSEE] has concluded that the state that all missed surveillances will be proposed change. Attachment 3 provides justifications presented in the TSTF proposal placed in the licensee’s Corrective Action revised (clean) TS pages. Attachment 4 and the safety evaluation prepared by the Program. Finally, [LICENSEE] has a Bases provides a summary of the regulatory NRC staff are applicable to [PLANT, UNIT Control Program consistent with Section 5.5 commitments made in this submittal. (IF NOS.] and justify this amendment for the APPLICABLE: Attachment 5 provides the incorporation of the changes to the [PLANT] of the STS. existing TS Bases pages marked up to show TS. 4.0 ENVIRONMENTAL EVALUATION the proposed change (for information only).) [LICENSEE] requests approval of the 2.2 Optional Changes and Variations [LICENSEE] has reviewed the proposed License Amendment by [DATE], [LICENSEE] is not proposing any variations environmental evaluation included in the with the amendment being implemented [BY or deviations from the TS changes described model safety evaluation dated [DATE] as part DATE OR WITHIN X DAYS]. in the fully modified TSTF–358 Revision 5 of the CLIIP. [LICENSEE] has concluded that In accordance with 10 CFR 50.91, a copy or the NRC staff’s model safety evaluation the staff’s findings presented in that of this application, with attachments, is being dated [DATE]. evaluation are applicable to [PLANT] and the provided to the designated [STATE] Official. 3.0 REGULATORY ANALYSIS evaluation is hereby incorporated by I declare under penalty of perjury under reference for this application. the laws of the United Stats of America that 3.1 No Significant Hazards Consideration I am authorized by [LICENSEE] to make this Determination ATTACHMENT 2 request and that the foregoing true and [LICENSEE] has reviewed the proposed no PROPOSED TECHNICAL SPECIFICATION correct. (Note that request may be notarized significant hazards consideration CHANGES (MARK-UP) in lieu of using this oath or affirmation determination (NSHCD) published in the statement). Federal Register as part of the CLIIP. ATTACHMENT 3 If you should have any questions regarding [LICENSEE] has concluded that the proposed this submittal, please contact [NAME, PROPOSED TECHNICAL SPECIFICATION NSHCD presented in the Federal Register PAGES TELEPHONE NUMBER] notice is applicable to [PLANT] and is hereby Sincerely, incorporated by reference to satisfy the ATTACHMENT 4 [Name, Title] requirements of 10 CFR 50.91(a). Attachments: LIST OF REGULATORY COMMITMENTS 3.2 Verification and Commitments 1. Description and Assessment The following table identifies those actions 2. Proposed Technical Specification Changes As discussed in the notice of availability committed to by [LICENSEE] in this 3. Revised Technical Specification Pages published in the Federal Register on [DATE] document. Any other statements in this for this TS improvement, plant-specific 4. If applicable: Regulatory Commitments submittal are provided for information verifications were performed as follows: 5. Proposed Technical Specification Bases purposes and are not considered to be [LICENSEE] has established TS Bases for Changes regulatory commitments. Please direct cc: NRC Project Manager SR 3.0.3 which state that use of the delay period established by [Surveillance questions regarding these commitments to NRC Regional Office Requirement 3.0.3] is a flexibility which is [CONTACT NAME]. NRC Resident Inspector not intended to be used as an operational State Contact convenience to extend surveillance intervals, Regulatory commit- Due date/event ATTACHMENT 1 but only for the performance of missed ments surveillances. Description and Assessment The modification will also include changes [LICENSEE] will es- [Complete or imple- 1.0 DESCRIPTION to the Bases for [SR 3.0.3] that provide details tablish the Tech- mented with on how to implement the new requirements. nical Specification amendment]. The proposed amendment would modify The Bases changes provide guidance for Bases for SR 3.0.3 technical specifications (TS) requirements for as adopted with the 2 surveillance frequencies that are not based on missed surveillances in SR 3.0.3. time intervals but are based on specified unit applicable license conditions, operating situations, or amendment. 1 If not already in the facility Technical requirements of regulations. In addition, the Specifications. Bases changes state that [LICENSEE] is 2 ATTACHMENT 5 In conjunction with the proposed change, expected to perform a missed surveillance technical specifications (TS) requirements for a test at the first reasonable opportunity, taking PROPOSED CHANGES TO TECHNICAL Bases Control Program, consistent with the TS SPECIFICATION BASES PAGES Bases Control Program described in Section 5.5 of into account appropriate considerations, such as the impact on plant risk and accident the applicable vendor’s standard TS (STS), shall be [FR Doc. 01–24342 Filed 9–27–01; 8:45 am] incorporated into the licensee’s TS, if not already analysis assumptions, consideration of unit in the TS. conditions, planning, availability of BILLING CODE 7590–01–P
VerDate 11
OFFICE OF MANAGEMENT AND ‘‘provide policy and procedural support for information dissemination is BUDGET guidance to Federal agencies for reflected in the dissemination ensuring and maximizing the quality, provisions of OMB Circular A–130, Guidelines for Ensuring and objectivity, utility, and integrity of ‘‘Management of Federal Information Maximizing the Quality, Objectivity, information (including statistical Resources,’’ as well as in the provisions Utility, and Integrity of Information information) disseminated by Federal in OMB Circular A–110, ‘‘Uniform Disseminated by Federal Agencies agencies * * *.’’ Section 515(b) goes on Administrative Requirements for Grants to state that the OMB guidelines shall: and Agreements With Institutions of AGENCY: Executive Office of the ‘‘(1) apply to the sharing by Federal Higher Education, Hospitals, and Other President, Office of Management and agencies of, and access to, information Non-Profit Organizations,’’ related to a Budget. disseminated by Federal agencies; and Freedom of Information Act request for ACTION: Final guidelines, with request ‘‘(2) require that each Federal agency research data relating to published for comments. to which the guidelines apply— research findings produced under an ‘‘(A) issue guidelines ensuring and award that were used by the Federal SUMMARY: These guidelines implement maximizing the quality, objectivity, Government in developing an agency section 515 of the Treasury and General utility, and integrity of information action that has the force and effect of Government Appropriations Act for (including statistical information) law (64 FR 54926; October 8, 1999). Fiscal Year 2001 (Public Law 106–554). disseminated by the agency, by not later Section 515 builds upon the existing Section 515 directs the Office of than 1 year after the date of issuance of agency responsibility to ensure Management and Budget (OMB) to issue the guidelines under subsection (a); information quality. According to the government-wide guidelines that ‘‘(B) establish administrative PRA, agency Chief Information Officers ‘‘provide policy and procedural mechanisms allowing affected persons (CIOs) must manage information guidance to Federal agencies for to seek and obtain correction of resources to ‘‘improve the integrity, ensuring and maximizing the quality, information maintained and quality, and utility of information to all objectivity, utility, and integrity of disseminated by the agency that does users within and outside the agency, information (including statistical not comply with the guidelines issued including capabilities for ensuring information) disseminated by Federal under subsection (a); and dissemination of public information, agencies.’’ Within one year after OMB ‘‘(C) report periodically to the public access to government issues these guidelines, agencies must Director— information, and protections for privacy issue their own implementing ‘‘(i) the number and nature of and security.’’ Before an agency collects guidelines that include ‘‘administrative complaints received by the agency information from 10 or more persons, mechanisms allowing affected persons regarding the accuracy of information the agency must seek public comment to seek and obtain correction of disseminated by the agency; and ‘‘to enhance the quality, utility, and information maintained and ‘‘(ii) how such complaints were clarity of the information to be disseminated by the agency’’ that does handled by the agency.’’ collected.’’ The agency then must obtain not comply with the OMB guidelines. These guidelines are to be issued OMB approval that is based upon an OMB is also requesting additional ‘‘under sections 3504(d)(1) and 3516’’ of evaluation of the agency’s need for the comment for 30 days on the ‘‘capable of the Paperwork Reduction Act of 1995; information, the ‘‘practical utility’’ of being substantially reproduced’’ pursuant to section 3503 of that Act, the the information to be collected, and the standard (paragraphs V.3.B, V.9, and authorities of the OMB Director are minimization of burden that would be V.10) which is issued on an interim carried out by the Administrator of the imposed on the public in responding to final basis. Office of Information and Regulatory the collection. The CIO must certify to DATES: Effective Date: October 1, 2001. Affairs. OMB that the agency, ‘‘to the maximum Comment Date: Comments on the Background extent practicable, uses information ‘‘capable of being substantially technology to reduce burden and reproduced’’ standard in paragraphs The focus of section 515 is on the improve data quality.’’ V.3.B, V.9, and V.10 must be submitted Federal Government’s information In developing these guidelines to by October 29, 2001. dissemination activities. Indeed, Federal implement section 515, OMB agencies have disseminated information ADDRESSES: Please submit comments to recognized that Federal agencies to the public for decades. Until recently, Brooke J. Dickson of the Office of disseminate many types of information agencies have disseminated information Information and Regulatory Affairs, in many different ways. A few examples principally by making paper copies of Office of Management and Budget, can only begin to describe the breadth documents available to the public. In Washington, DC 20503. Comments can of information disseminated by the recent years, however, Federal also be e-mailed to Federal government. Agencies information dissemination has grown [email protected]. disseminate statistical information, such due to the advent of the Internet, which as the aggregated information from the FOR FURTHER INFORMATION CONTACT: has ushered in a revolution in 2000 Census and the monthly and Brooke J. Dickson, Office of Information communications. The Internet has quarterly economic reports issued by and Regulatory Affairs, Office of enabled Federal agencies to disseminate the Bureau of Economic Analysis and Management and Budget, Washington, an ever-increasing amount of the Bureau of Labor Statistics. Agencies DC 20503. Telephone (202) 395–3785. information. Congress has strongly disseminate information that aids SUPPLEMENTARY INFORMATION: In section encouraged the Executive Branch’s members of the public in their daily 515(a) of the Treasury and General dissemination efforts in statutes that activities, such as the National Weather Government Appropriations Act for include particular dissemination Service’s weather reports and the FAA’s Fiscal Year 2001 (Public Law 106–554; activities and in the government-wide air travel advisories. Agencies H.R. 5658), Congress directed the Office dissemination provisions of the disseminate information about health, of Management and Budget (OMB) to Paperwork Reduction Act of 1995 (44 safety, and environmental risks and issue, by September 30, 2001, U.S.C. chapter 35) (the PRA). In information that they collect from government-wide guidelines that addition, the Executive Branch’s strong regulated entities, such as EPA’s
VerDate 11
dissemination of Toxic Release information quality standards than risk for the specific populations Inventory information. Agencies also those that would apply to other types of [affected]; (iii) each appropriate upper- disseminate technical information that government information. The more bound or lower-bound estimate of risk; they create or obtain in the course of important the information, the higher (iv) each significant uncertainty developing regulations, often involving the quality standards to which it should identified in the process of the scientific, engineering, and economic be held, for example, in those situations assessment of [risk] effects and the analysis. Agencies disseminate involving ‘‘influential scientific or studies that would assist in resolving information when they issue reports and statistical information’’ (a phrased the uncertainty; and (v) peer-reviewed studies. Moreover, agencies provide the defined in these guidelines). The studies known to the [agency] that public with basic descriptions of agency guidelines recognize, however, that support, are directly relevant to, or fail authorities, activities and programs, information quality comes at a cost. to support any estimate of [risk] effects along with the contact information for Accordingly, the agencies should weigh and the methodology used to reconcile the public to interact with and access the costs (for example, including costs inconsistencies in the scientific data.’’ that information or those services. attributable to agency processing effort, We urge each agency in developing its respondent burden, maintenance of guidelines to evaluate whether adopting Underlying Principles needed privacy, and assurances of or adapting these basic Congressional In accordance with section 515, OMB suitable confidentiality) and the benefits standards would be appropriate for has designed the guidelines to help of higher information quality in the judging the quality of disseminated agencies ensure and maximize the development of information, and the scientific or statistical information. quality, utility, objectivity and integrity level of quality to which the information Third, OMB designed the proposed of the information that they disseminate disseminated will be held. guidelines so that agencies can apply (meaning to share with, or give access More specifically, the OMB guidelines them in a common-sense and workable to, the public). It is crucial that state that ‘‘agencies shall have a basic manner. It is important that these information Federal agencies standard of quality (including guidelines do not impose unnecessary disseminate meets these guidelines. In objectivity, utility, and integrity) as a administrative burdens that would this respect, the fact that the Internet performance goal * * *’’. We note, in inhibit agencies from continuing to take enables agencies to communicate the scientific context, that in 1996 the advantage of the Internet and other information quickly and easily to a wide Congress, for health decisions under the technologies to disseminate information audience not only offers great benefits to Safe Drinking Water Act, has already that can be of great benefit and value to society, but also increases the potential adopted a basic standard of quality for the public. In this regard, OMB harm that can result from the the use of science in agency encourages agencies to incorporate the dissemination of information that does decisionmaking. Under 42 U.S.C. 300g– standards and procedures required by not meet basic information quality 1(b)(3)(A), an agency is directed, ‘‘to the these guidelines into their existing guidelines. Recognizing the wide variety degree that an Agency action is based on information resources management and of information Federal agencies science,’’ to use ‘‘(i) the best available, administrative practices rather than disseminate and the wide variety of peer-reviewed science and supporting create new and potentially duplicative dissemination practices that agencies studies conducted in accordance with or contradictory processes. The primary have, OMB developed the guidelines sound and objective scientific practices; example of this is that the guidelines with several principles in mind. and (ii) data collected by accepted recognize that, in accordance with OMB First, OMB designed the guidelines to methods or best available methods (if Circular A–130, agencies already have apply to a wide variety of government the reliability of the method and the in place well-established information information dissemination activities nature of the decision justifies use of the quality standards and administrative that may range in importance and scope. data).’’ We also note that the OMB mechanisms that allow persons to seek OMB also designed the guidelines to be guidelines call for an additional level of and obtain correction of information generic enough to fit all media, be they quality ‘‘in those situations involving that is maintained and disseminated by printed, electronic, or in other form. influential scientific or statistical the agency. Under the OMB guidelines, OMB sought to avoid the problems that information.’’ The additional level of agencies need only ensure that their would be inherent in developing quality concerns a standard of care for own guidelines are consistent with detailed, prescriptive, ‘‘one-size-fits-all’’ scientific or statistical analytical results, these OMB guidelines, and then ensure government-wide guidelines that would a ‘‘capable of being substantially that their administrative mechanisms artificially require different types of reproduced’’ standard that is discussed satisfy the standards and procedural dissemination activities to be treated in below. requirements in the new agency the same manner. Through this We further note that in the 1996 guidelines. Similarly, agencies may rely flexibility, each agency will be able to amendments to the Safe Drinking Water on their implementation of the Federal incorporate the requirements of these Act the Congress adopted a basic quality Government’s computer security laws OMB guidelines into the agency’s own standard for the dissemination of public (formerly, the Computer Security Act, information resource management and information about risks of adverse and now the computer security administrative practices. health effects. Under 42 U.S.C. 300g– provisions of the PRA) to establish Second, OMB designed the guidelines 1(b)(3)(B), the agency is directed, ‘‘to appropriate security safeguards for so that agencies will meet basic ensure that the presentation of ensuring the ‘‘integrity’’ of the information quality standards. Given the information [risk] effects is information that the agencies administrative mechanisms required by comprehensive, informative, and disseminate. section 515 as well as the standards set understandable.’’ The agency is further forth in the PRA, it is clear that agencies directed, ‘‘in a document made available Summary of OMB Guidelines should not disseminate substantive to the public in support of a regulation These guidelines apply to Federal information that does not meet a basic [to] specify, to the extent practicable— agencies subject to the Paperwork level of quality. We recognize that some (i) each population addressed by any Reduction Act (44 U.S.C. chapter 35). government information may need to estimate [of applicable risk effects]; (ii) Agencies are directed to develop meet higher or more specific the expected risk or central estimate of information resources management
VerDate 11
procedures for reviewing and implemented no later than one year section 515, but does not impose a substantiating (by documentation or after the issuance of these OMB completely new and untried set of other means selected by the agency) the guidelines (no later than October 1, standards upon Federal agencies. We quality (including the objectivity, 2002), must provide the agency’s encourage agencies to consider the utility, and integrity) of information information quality guidelines that effect of relevant existing statutes and before it is disseminated. In addition, describe administrative mechanisms policies in the development of their agencies are to establish administrative allowing affected persons to seek and own guidelines. mechanisms allowing affected persons obtain, where appropriate, correction of Administrative Mechanisms. These to seek and obtain, where appropriate, disseminated information that does not guidelines require agencies to establish correction of information disseminated comply with the OMB and agency administrative mechanisms allowing by the agency that does not comply with guidelines. The second report is an affected persons to seek and obtain, the OMB or agency guidelines. annual fiscal year report to OMB (to be where appropriate, correction of Consistent with the underlying first submitted on January 1, 2004) information maintained and principles described above, these providing information (both quantitative disseminated by the agency that does guidelines stress the importance of and qualitative, where appropriate) on not comply with the OMB guidelines. having agencies apply these standards the number, nature, and resolution of Many comments suggested that limits be and develop their administrative complaints received by the agency imposed on the types of information mechanisms so they can be regarding its perceived or confirmed that should be subject to these implemented in a common sense and failure to comply with these OMB and guidelines, in particular, information workable manner. Moreover, agencies agency guidelines. that is disseminated by agency libraries. must apply these standards flexibly, and OMB agrees that archival information Public Comments and OMB Response in a manner appropriate to the nature disseminated by Federal agency and timeliness of the information to be Section 515(a) required OMB to libraries (for example, Internet disseminated, and incorporate them into provide the public and the Federal distribution of published articles) existing agency information resources agencies the opportunity to comment on should not be covered by these management and administrative these guidelines. OMB worked with guidelines, given that libraries do not practices. Federal agencies, through a working endorse the information that they Section 515 denotes four substantive group and through an inter-agency disseminate. Moreover, an agency’s terms regarding information comment process, in the development of dissemination of public filings (for disseminated by Federal agencies: the proposed guidelines. The proposed example, corporate filings with the quality, utility, objectivity, and guidelines were published in the Securities and Exchange Commission) is integrity. It is not always clear how each Federal Register on June 28, 2001 (66 not covered by these guidelines. In each substantive term relates—or how the FR 34489) providing a public comment of these situations, the agencies have four terms in aggregate relate—to the period of 45 days. OMB received a total not authored these documents and have widely divergent types of information of 100 comments from academic not adopted them as representing the that agencies disseminate. The institutions (36), Federal agencies (26), agencies’ views. By disseminating these guidelines provide definitions that individual members of the public (7), materials, the agencies are simply attempt to establish a clear meaning so associations affiliated with academia ensuring that the public can have that both the agency and the public can (5), associations affiliated with medical, quicker and easier access to materials readily judge whether a particular type social science or science interests (15), that are publicly available. In of information to be disseminated does associations affiliated with Federal developing its implementing guidelines, or does not meet these attributes. Government interests (4), and and in accordance with the criteria set In the guidelines, OMB defines associations affiliated with industry forth in these guidelines, each agency ‘‘quality’’ as the encompassing term, of interests (7). should evaluate and identify the types which ‘‘utility,’’ ‘‘objectivity,’’ and General Concerns. Many comments of information that it disseminates that ‘‘integrity’’ are the constituents. expressed support for the idea of will be subject to its guidelines. ‘‘Utility’’ refers to the usefulness of the government-wide quality standards for In addition, comments also raised the information to the intended users. information disseminated by Federal concern that the guidelines would apply ‘‘Objectivity’’ focuses on whether the agencies. Comments also expressed to ‘‘preliminary’’ information, and they disseminated information is being support for OMB’s commitment to recommended that the guidelines presented in an accurate, clear, creating flexible general guidelines and exclude such information. OMB complete, and unbiased manner, and as to minimizing the administrative costs appreciates the concerns that these a matter of substance, is accurate, and burdens that these guidelines will comments have raised. However, OMB reliable, and unbiased. ‘‘Integrity’’ refers impose. The majority of comments does not believe that an exclusion for to security—the protection of focused on two aspects of the proposed ‘‘preliminary’’ information is necessary information from unauthorized access guidelines: suggestions for placing or appropriate. It is still important that or revision, to ensure that the limitations on the administrative the quality of preliminary information information is not compromised correction mechanisms requirements of be ensured and that preliminary through corruption or falsification. OMB the statute; and the need to clarify information be subject to the modeled the definitions of specific definitions and other terms administrative complaint-and-correction ‘‘information,’’ ‘‘government found in the guidelines. process. information,’’ ‘‘information Many comments raised questions and A few comments stated that affected dissemination product,’’ and concerns about how these guidelines information should be limited to ‘‘dissemination’’ on the longstanding interact with existing statutes and information used in agency rulemaking. definitions of those terms in OMB policies, including the Paperwork While this has been the position of Circular A–130, but tailored them to fit Reduction Act and the Government previous policies which these into the context of these guidelines. Performance and Results Act. We have guidelines are not intended to modify or In addition, agencies have two attempted to draft these guidelines in a replace (see, e.g., section __.36(d) in reporting requirements. The first report, way that addresses the requirements of OMB Circular A–110), we believe the
VerDate 11
plain meaning and intent of section 515 involved, and explain such practices in to consult with the CIO on quality covers the larger government their annual fiscal year reports to OMB. matters pertaining to information information universe. Numerous comments provided disseminated by the agency. Based on the public comments language to clarify or limit the term, Agencies need to respond to received, these guidelines allow ‘‘affected persons.’’ One academic complaints in a manner appropriate to agencies to determine the appropriate institution suggested that the term, the nature and extent of the complaint. level of correction for a complaint ‘‘affected persons,’’ reflects a criterion of Examples of appropriate responses, as received. Several comments suggested ‘‘direct measurable impact with suggested by comments, include that agencies use disclaimers to significant personal consequence.’’ personal contacts via letter or telephone, distinguish the status of information, a Other academic institutions suggested form letters, press releases or mass practice that agencies should consider that ‘‘affected persons should not be mailings that correct a widely adopting as they consider their permitted to challenge the substance of disseminated error or address a information holdings. information without showing that a frequently raised complaint. Agencies OMB received detailed discussion on qualified scientist has found fault with may want to utilize other methods of the requirement that agencies develop its quality or integrity.’’ Similarly, some response under existing agency administrative mechanisms allowing for comments argued that the ability to practices. For example, for agencies affected persons to ‘‘seek and obtain correct scientific information should be with a high volume of complaints, it is correction of information that does not limited only to other scientists. Several acceptable for the agency to describe a comply with OMB’s guidelines.’’ associations suggested that OMB sample of those complaints in the Members of the scientific community identify the types of information that annual fiscal year report to OMB. For expressed strong concerns about the could be challenged rather than to focus categories of inconsequential or trivial possibility of a Federal agency that on the characteristics of a ‘‘legitimate’’ complaints identified in the agency would ‘‘correct’’ scientific information challenger. OMB considered these guidelines, an agency may decide that without carrying out the scientific comments at length. Our conclusion is no response is necessary. Agencies analysis to support the correction. that ‘‘affected persons’’ are people who should describe to OMB as part of the Comments from all fields suggested in may benefit or be harmed by the annual fiscal year report the chosen various ways that challenging disseminated information. This includes response mechanisms and how they are individuals should be ‘‘required to persons who are seeking to address working. openly state his/her relationship with information about themselves as well as Definitions and Other Terms. Section the data/information (familiarity/ persons who use information. However, 515 denotes four substantive terms expertise) and provide information [as] each agency should consider how regarding information disseminated by to his/her interest in it.’’ persons (which includes groups, Federal agencies: quality, utility, Comments also pointed out great organizations and corporations, as objectivity, and integrity. We have potential for abuse of this process. As defined by the Paperwork Reduction defined ‘‘quality’’ as an encompassing one association summarized, ‘‘This Act) will be affected by the agency’s could be seen to provide grounds for information. Agencies should address term. The organizations and individuals interested parties to demand access to the issue of ‘‘affected persons’’ in that submitted comments did not object underlying data, to compel the consultation with their constituents to having ‘‘quality’’ defined as an government to replicate research through the public comment process encompassing term, but suggested that findings (at great expense and with that agencies will provide after drafting we should discuss each term separately. unnecessary delay), or in other ways their proposed guidelines and before The principles laid out in the proposed impede, discredit, harass or stymie submitting them for OMB review. guidelines, stated one comment, create research.’’ For example, the National These guidelines require that an ‘‘subjective definitions’’ of the four Oceanic and Atmospheric agency official be designated to receive terms. This comment warned OMB that Administration (NOAA) explained that and resolve complaints regarding ‘‘subjective definitions of quality, they receive numerous complaints from information that does not comply with objectivity, utility, and integrity could the public when they miss a weather either the OMB guidelines or the cause agencies to delay data release or forecast. ‘‘Does this mean that the NWS agency’s guidelines. In the proposed disregard data for fear of challenge.’’ [National Weather Service] could be guidelines, we required, with a limited Other comments expressed similar requested to change a forecast after the exception, that the Chief Information views, or as one association observed, fact? Or could someone with an Officer (CIO) of the agency have this ‘‘Science does not recognize a sliding economic interest challenge official responsibility. Of the government scale of quality.’’ observational data which could affect agencies that commented on this These guidelines reflect OMB’s the value of an insurance payment?’’ provision, many pointed to their determination that ‘‘quality,’’ ‘‘utility,’’ asks NOAA. specific agency practices on information ‘‘objectivity,’’ and ‘‘integrity’’ are closely Overall, OMB does not envision quality and their designation of a interrelated concepts in the context of administrative mechanisms that would ‘‘quality official’’ who was not these guidelines. Collectively, these burden agencies with frivolous claims. necessarily working under the agency terms address the following three Instead, the correction process should CIO. Recognizing that some agencies aspects of the information that is to be serve to address the genuine and valid may have specific officials in place to disseminated: whether the information needs of the agency and its constituents address quality issues, the final is useful to the intended users of the without disrupting agency processes. guidelines allow agencies to designate information; whether the disseminated Agencies, in making their determination an appropriate official. Agencies may information is being presented in an of whether or not to correct information, also designate multiple officials, i.e., accurate, clear, complete, and unbiased may reject claims made in bad faith or based on the needs of individual agency manner in both presentation and as a without justification, and are required to components, as long as there is a single characteristic that should be inherent to undertake only the degree of correction official with these overall quality information; and whether the that they conclude is appropriate for the responsibilities designated at the agency information has been protected from nature and timeliness of the information level. The authorized official also needs unauthorized access or revision.
VerDate 11
Some comments stated that OMB was reproducible by independent analysis. technical information that has been ‘‘exceeding the statutory mandate’’ and We intend this standard to say that, if subjected to formal, independent, going beyond ‘‘Congressional intent’’ in appropriately qualified persons used the external peer review as presumptively specifying scientific and statistical same or a similar methodology, they objective. An example of a formal information in these guidelines. Others would be expected to achieve similar independent external peer review is the felt that we should simply acknowledge findings and results. review process used by scientific that the scientific and statistical Based on the concerns expressed in journals. However, depending on the communities already have practices and the comments, we expanded upon our nature and timeliness of the information standards for their information, rather discussion of ‘‘capable of being involved, an agency may decide that than create another set of standards for substantially reproduced’’ in our peer review is not necessary or these information types. OMB does not definition of ‘‘objective,’’ and added two appropriate. On the other hand, in those agree with those comments that said the explanatory definitions. We state, in situations involving influential proposed guidelines went beyond the paragraphs V.3.B, V.9, and V.10: scientific or statistical information, the statute in covering statistical and In addition, ‘‘objectivity’’ involves a substantial reproducibility standard is scientific information. Section 515 focus on ensuring accurate, reliable, and added as a quality standard above and expressly states that its scope includes unbiased information. In a scientific or beyond some peer review quality statistical information. Moreover, statistical context, the original or standards. In the definition of section 515 has no exclusion for supporting data shall be generated, and ‘‘influential,’’ when used in the phrase scientific information, and in many the analytical results shall be ‘‘influential scientific or statistical respects it is very similar to (and developed, using sound statistical and information,’’ we note that the manner overlaps with) statistical information. research methods. in which people perceive the scientific OMB, however, does appreciate the i. If the results have been subject to or statistical information can have concerns that the comments raised formal, independent, external peer important consequences for specific about the guidelines not creating review, the information can generally be policies, technologies, substances, another set of standards for statistical considered of acceptable objectivity. products, and firms. and scientific information. Our ii. In those situations involving Based on concerns with the guidelines do not seek to impose new influential scientific or statistical ‘‘substantially reproducible’’ standard, a standards on these communities, but to information, the results must be capable number of comments suggested that reiterate the standards that are already of being substantially reproduced, if the OMB should repropose this standard for held in those communities. original or supporting data are additional public comment, rather than Recognizing public interest in independently analyzed using the same going final at this time. While, in medical and public health information, models. Reproducibility does not mean deference to the statutory deadline, we have specifically added a provision that the original or supporting data have OMB is issuing the ‘‘capable of being stating, ‘‘Agencies shall adopt specific to be capable of being replicated substantially reproduced’’ standard standards of quality that are appropriate through new experiments, samples or (paragraphs V.3.B, V.9, and V.10), OMB for the various categories of information tests. is doing so on an interim final basis. We they disseminate.’’ For example, OMB iii. Making the data and models specifically request public comments on encourages agencies, in crafting their publicly available will assist in this standard by October 29, 2001. In agency-specific guidelines, to promote determining whether analytical results addition, OMB wants to stress that the objectivity in information quality in are capable of being substantially guidelines published today should be ways that protect the confidentiality of reproduced. However, these guidelines understood as a beginning of an research subjects and encourage public do not alter the otherwise applicable evolutionary process that will include participation in research. These standards and procedures for draft agency guidelines, public concerns are particularly salient in determining when and how information comment, final agency guidelines, medical and public health research. is disclosed. Thus, the objectivity development of experience with OMB A number of comments regarded our standard does not override other and agency guidelines, and continued discussion of ensuring that scientific compelling interests, such as privacy, refinement of both OMB and agency information be ‘‘substantially trade secret, and other confidentiality guidelines. reproducible’’ as requiring agencies to protections. OMB modeled the draft definitions of replicate original data and to perform ‘‘Influential’’ when used in the phrase ‘‘information,’’ ‘‘government independent analysis upon all scientific ‘‘influential scientific or statistical information,’’ ‘‘information information disseminated by the agency. information’’ means the agency expects dissemination product,’’ and We have responded to these concerns in that information in the form of ‘‘dissemination’’ on the longstanding a number of ways. First, we make it analytical results will likely have an definitions of those terms in OMB clear that what we now refer to as the important effect on the development of Circular A–130, but tailored them to fit ‘‘capable of being substantially domestic or international government or into the context of these guidelines. reproduced’’ standard applies to private sector policies or will likely Information that is disseminated on analytical results that are disseminated, have important consequences for behalf of an agency (through a contract and does not apply to the original or specific technologies, substances, or a grant) is considered to be sponsored supporting data. Thus, replication of products or firms. by the agency and is subject to these original data is not required. Second, ‘‘Capable of being substantially guidelines. Consistent with the PRA the ‘‘capable of being substantially reproduced’’ means that independent concept of agency ‘‘sponsorship’’ of a reproduced’’ standard is applicable only reanalysis of the original or supporting collection of information, information is to ‘‘influential’’ scientific and statistical data using the same methods would considered to be disseminated on behalf information as defined in the generate similar analytical results, of an agency by a contractor or grantee guidelines. Third, the guidelines call for subject to an acceptable degree of if the dissemination is done at the the agency to determine that imprecision. agency’s specific request or with the ‘‘influential’’ analytical results be As a general matter, in the scientific agency’s specific approval. See 5 CFR capable of being substantially and research context, we regard 1320.3(d). Finally, it should be noted
VerDate 11
that these guidelines focus primarily on the agency and how such complaints Dated: September 24, 2001. the dissemination of substantive were resolved. Two Federal agencies John D. Graham, information (i.e. reports, studies, stated that it would be burdensome to Administrator, Office of Information and summaries) rather than information report to OMB on every single Regulatory Affairs. pertaining to basic agency operations. complaint they received and responded Guidelines for Ensuring and We have clarified two terms for the to, particularly because many of the Maximizing the Quality, Objectivity, final guidelines. The proposed complaints may be received in phone Utility, and Integrity of Information guidelines included ‘‘opinions’’ in the calls and given informal responses that Disseminated by Federal Agencies definition of ‘‘information.’’ We agree address the callers’ concerns. with comments that indicated agencies Recognizing that agencies may deal with I. OMB Responsibilities should not be accountable for correcting large volumes of complaints on Section 515 of the Treasury and someone’s opinion, but in the agency’s particular types of information General Government Appropriations presentation of the information, it disseminated by the agency, OMB’s Act for FY2001 (Public Law 106–554) should be clear that what is being guidelines allow the agency to provide directs the Office of Management and offered is someone’s opinion rather than qualitative and/or quantitative Budget to issue government-wide facts or the agency’s views. ‘‘Opinion’’ descriptions of complaints received and guidelines that provide policy and has therefore been removed from the how they were resolved (or not). OMB procedural guidance to Federal agencies definition of ‘‘information’’ in the final also recognizes that a large number of for ensuring and maximizing the guidelines. The definition for comments about a specific document quality, objectivity, utility, and integrity ‘‘dissemination’’ was also revised after may only demonstrate that the of information, including statistical discussions with two Federal agencies information is controversial, not that its information, disseminated by Federal that correspond frequently with quality is flawed. agencies. individual members of the public In conclusion, issuance of these final regarding their participation in the guidelines meets the statutory II. Agency Responsibilities agency’s programs. In addition, in the requirement that section 515 imposed Section 515 directs agencies subject to definition of ‘‘dissemination,’’ we on OMB. As we stated earlier in this the Paperwork Reduction Act (44 U.S.C. changed the exclusion for ‘‘judicial preamble, and in connection with the 3502(a)) to— process’’ to ‘‘adjudicative process’’ to proposed guidelines, OMB has sought in 1. Issue their own information quality make it clear that these guidelines do developing these guidelines to make guidelines ensuring and maximizing the not apply to the issuance of agency them flexible enough so that Federal quality, objectivity, utility, and integrity adjudicative decisions. agencies can apply them in a common of information, including statistical Reporting Requirements. Agencies sense, workable, and appropriately information, disseminated by the agency have two reporting requirements. The tailored manner to the wide variety of no later than one year after the date of first report, taking effect no later than dissemination activities that the Federal issuance of the OMB guidelines; one year after the issuance of these OMB Government undertakes. In addition, in 2. Establish administrative guidelines, must provide the agency’s drafting guidelines that will apply on a mechanisms allowing affected persons information quality guidelines that government-wide basis, OMB has been to seek and obtain correction of describe administrative mechanisms sensitive to the problem of unintended information maintained and allowing affected persons to seek and consequences and has tried to anticipate disseminated by the agency that does obtain, where appropriate, correction of and address issues that could arise not comply with these OMB guidelines; disseminated information that does not during the implementation of these and comply with these OMB guidelines. guidelines. In this respect, the public 3. Report to the Director of OMB the During the year that agencies have to and agency comments that we received number and nature of complaints complete their agency guidelines, on the proposed guidelines were very received by the agency regarding agency agencies must publish the draft reports helpful and are greatly appreciated. As compliance with these OMB guidelines in the Federal Register for a period of we explained above, we made a number concerning the quality, objectivity, public comment, and no later than nine of revisions to the guidelines to address utility, and integrity of information and months after the issuance of OMB’s the concerns raised in the comments, how such complaints were resolved. guidelines, submit their draft reports to and we also believe that these and other III. Guidelines for Ensuring and OMB for review. Upon completion of concerns can be addressed as well in the Maximizing the Quality, Objectivity, OMB’s review, final agency guidelines implementing guidelines that each Utility, and Integrity of Information must be published in the Federal agency will develop in the coming Register and made available through the months. In addition, OMB is issuing the Disseminated by Federal Agencies agency website. The entire process must ‘‘capable of being substantially 1. Overall, agencies shall adopt a be completed by no later than one year reproduced’’ standard (paragraphs basic standard of quality (including after the issuance of the OMB guidance V.3.B, V.9, and V.10) on an interim final objectivity, utility, and integrity) as a (no later than October 1, 2002). basis. We specifically request public performance goal and should take The second report is an annual fiscal comments on this standard over the appropriate steps to incorporate year report to OMB (to be first submitted next 30 days. information quality criteria into agency on January 1, 2004) providing Moreover, over time as the agencies information dissemination practices. information on the number, nature, and and the public gain further experience Quality is to be ensured and established resolution of complaints received by the with the OMB guidelines, we would at levels appropriate to the nature and agency regarding its perceived or appreciate receiving any suggestions for timeliness of the information to be confirmed failure to comply with these how OMB could improve them. Just as disseminated. Agencies shall adopt OMB and agency guidelines. Regarding OMB requested public comment before specific standards of quality that are the proposed guidelines, we received issuing these final guidelines, OMB will appropriate for the various categories of detailed comments on the required refine these guidelines as experience information they disseminate. report to OMB describing the number develops and further public comment is 2. As a matter of good and effective and nature of complaints received by obtained. agency information resources
VerDate 11
management, agencies shall develop a not comply with the OMB or the agency Also, the agency needs to identify the process for reviewing the quality guidelines. sources of the disseminated information (including the objectivity, utility, and 4. The agency must publish a notice (to the extent possible, consistent with integrity) of information before it is of availability of this draft report in the confidentiality protections) and, in a disseminated. Agencies shall treat Federal Register, and post this report on scientific or statistical context, the information quality as integral to every the agency’s website, to provide an supporting data and models, so that the step of an agency’s development of opportunity for public comment. public can assess for itself whether there information, including creation, 5. Upon consideration of public may be some reason to question the collection, maintenance, and comment and after appropriate revision, objectivity of the sources. Where dissemination. This process shall enable the agency must submit this draft report appropriate, supporting data should the agency to substantiate the quality of to OMB for review regarding have full, accurate, transparent the information it has disseminated consistency with these OMB guidelines documentation, and error sources through documentation or other means no later than July 1, 2002. Upon affecting data quality should be appropriate to the information. completion of that OMB review and identified and disclosed to users. 3. To facilitate citizen review, completion of this report, agencies must B. In addition, ‘‘objectivity’’ involves agencies shall establish administrative publish notice of the availability of this a focus on ensuring accurate, reliable, mechanisms allowing affected persons report in the Federal Register, and post and unbiased information. In a scientific to seek and obtain, where appropriate, this report on the agency’s web site no or statistical context, the original or timely correction of information later than October 1, 2002. supporting data shall be generated, and maintained and disseminated by the 6. On an annual fiscal-year basis, each the analytical results shall be agency that does not comply with OMB agency must submit a report to the developed, using sound statistical and or agency guidelines. These Director of OMB providing information research methods. administrative mechanisms shall be (both quantitative and qualitative, i. If the results have been subject to flexible, appropriate to the nature and where appropriate) on the number and formal, independent, external peer timeliness of the disseminated nature of complaints received by the review, the information can generally be information, and incorporated into agency regarding agency compliance considered of acceptable objectivity. agency information resources with these OMB guidelines and how ii. In those situations involving management and administrative such complaints were resolved. influential scientific or statistical practices. Agencies must submit these reports no information, the results must be capable 4. The agency’s pre-dissemination later than January 1 of each following of being substantially reproduced, if the review, under paragraph III.2, shall year, with the first report due January 1, original or supporting data are apply to information that the agency 2004. independently analyzed using the same first disseminates on or after October 1, models. Reproducibility does not mean 2002. The agency’s administrative V. Definitions that the original or supporting data have mechanisms, under paragraph III.3, 1. ‘‘Quality’’ is an encompassing term to be capable of being replicated shall apply to information that the comprising utility, objectivity, and through new experiments, samples or agency disseminates on or after October integrity. Therefore, the guidelines tests. 1, 2002, regardless of when the agency sometimes refer to these four statutory iii. Making the data and models first disseminated the information. terms, collectively, as ‘‘quality.’’ publicly available will assist in 2. ‘‘Utility’’ refers to the usefulness of determining whether analytical results IV. Agency Reporting Requirements the information to its intended users, are capable of being substantially 1. Agencies must designate the Chief including the public. In assessing the reproduced. However, these guidelines Information Officer or another official to usefulness of information that the do not alter the otherwise applicable be responsible for agency compliance agency disseminates to the public, the standards and procedures for with these guidelines. agency needs to consider the uses of the determining when and how information 2. The agency shall respond to information not only from the is disclosed. Thus, the objectivity complaints in a manner appropriate to perspective of the agency but also from standard does not override other the nature and extent of the complaint. the perspective of the public. As a compelling interests, such as privacy, Examples of appropriate responses result, when reproducibility and trade secret, and other confidentiality include personal contacts via letter or transparency of information are relevant protections. telephone, form letters, press releases or for assessing the information’s 4. ‘‘Integrity’’ refers to the security of mass mailings that correct a widely usefulness from the public’s information—protection of the disseminated error or address a perspective, the agency must take care information from unauthorized access frequently raised complaint. to ensure that reproducibility and or revision, to ensure that the 3. Each agency must prepare a draft transparency have been addressed in its information is not compromised report, no later than April 1, 2002, review of the information. through corruption or falsification. providing the agency’s information 3. ‘‘Objectivity’’ involves two distinct 5. ‘‘Information’’ means any quality guidelines and explaining how elements, presentation and substance. communication or representation of such guidelines will ensure and A. ‘‘Objectivity’’ includes whether knowledge such as facts or data, in any maximize the quality, objectivity, disseminated information is being medium or form, including textual, utility, and integrity of information, presented in an accurate, clear, numerical, graphic, cartographic, including statistical information, complete, and unbiased manner. This narrative, or audiovisual forms. This disseminated by the agency. This report involves whether the information is definition includes information that an must also detail the administrative presented within a proper context. agency disseminates from a web page, mechanisms developed by that agency Sometimes, in disseminating certain but does not include the provision of to allow affected persons to seek and types of information to the public, other hyperlinks to information that others obtain appropriate correction of information must also be disseminated disseminate. This definition does not information maintained and in order to ensure an accurate, clear, include opinions, where the agency’s disseminated by the agency that does complete, and unbiased presentation. presentation makes it clear that what is
VerDate 11
being offered is someone’s opinion SUMMARY: The Pension Benefit Guaranty conduct or sponsor, and a person is not rather than fact or the agency’s views. Corporation (‘‘PBGC’’) is requesting that required to respond to, a collection of 6. ‘‘Government information’’ means the Office of Management and Budget information unless it displays a information created, collected, (‘‘OMB’’) extend approval, under the currently valid OMB control number. processed, disseminated, or disposed of Paperwork Reduction Act, of a The PBGC estimates that an average of by or for the Federal Government. collection of information in its 3,331 plans per year will respond to this 7. ‘‘Information dissemination regulation on Disclosure to Participants collection of information. The PBGC product’’ means any book, paper, map, (29 CFR Part 4011) (OMB control further estimates that the average annual machine-readable material, audiovisual number 1212–0050). This notice burden of this collection of information production, or other documentary informs the public of the PBGC’s request is 2.13 hours and $107 per plan, with an material, regardless of physical form or and solicits public comment on the average total annual burden of 7,102 characteristic, an agency disseminates to collection of information. hours and $355,200. the public. This definition includes any DATES: Comments should be submitted electronic document, CD–ROM, or web Issued in Washington, DC, this 24th day of by October 29, 2001. September, 2001. page. ADDRESSES: Comments should be Stuart A. Sirkin, 8. ‘‘Dissemination’’ means agency mailed to the Office of Information and initiated or sponsored distribution of Director, Corporate Policy and Research Regulatory Affairs of the Office of Department. information to the public (see 5 CFR Management and Budget, Attention: [FR Doc. 01–24372 Filed 9–27–01; 8:45 am] 1320.3(d) (definition of ‘‘Conduct or Desk Officer for Pension Benefit Sponsor’’). Dissemination does not Guaranty Corporation, Washington, DC BILLING CODE 7708–01–P include distribution limited to 20503. Copies of the request for government employees or agency extension (including the collection of contractors or grantees; intra- or inter- PENSION BENEFIT GUARANTY information) may be obtained without CORPORATION agency use or sharing of government charge by writing to or visiting the information; and responses to requests PBGC’s Communications and Public Submission of Information Collection for agency records under the Freedom of Affairs Department, suite 240, 1200 K for OMB Review; Comment Request; Information Act, the Privacy Act, the Street, NW., Washington, DC 20005– Liability for Termination of Single- Federal Advisory Committee Act or 4026, or calling 202–326–4040. (TTY Employer Plans other similar law. This definition also and TDD users may call 800–877–8339 does not include distribution limited to and request connection to 202–326– AGENCY: Pension Benefit Guaranty correspondence with individuals or 4040). The regulation on Disclosure to Corporation. persons, press releases, archival records, Participants can be accessed on the ACTION: Notice of request for extension public filings, subpoenas or adjudicative PBGC’s Web site at http:// of OMB approval. processes. www.pbgc.gov. 9. ‘‘Influential’’ when used in the FOR FURTHER INFORMATION CONTACT: phrase ‘‘influential scientific or SUMMARY: The Pension Benefit Guaranty statistical information’’ means the Catherine B. Klion, Attorney, Office of Corporation (‘‘PBGC’’) is requesting that agency expects that information in the the General Counsel, Pension Benefit the Office of Management and Budget form of analytical results will likely Guaranty Corporation, 1200 K Street, (‘‘OMB’’) extend approval, under the have an important effect on the NW., Washington, DC 20005–4026, 202– Paperwork Reduction Act, of a development of domestic or 326–4024. (For TTY and TDD, call 800– collection of information in its international government or private 877–8339 and request connection to regulation on Employer Liability (29 sector policies or will likely have 202–326–4024). CFR Part 4062) (OMB control number important consequences for specific SUPPLEMENTARY INFORMATION: Section 1212–0017). This notice informs the technologies, substances, products or 4011 of the Employee Retirement public of the PBGC’s request and solicits firms. Income Security Act of 1974 requires public comment on the collection of 10. ‘‘Capable of being substantially plan administrators of certain information. underfunded single-employer pension reproduced’’ means that independent DATES: Comments should be submitted plans to provide an annual notice to reanalysis of the original or supporting by October 29, 2001. data using the same methods would plan participants and beneficiaries of ADDRESSES: generate similar analytical results, the plan’s funding status and the limits Comments should be subject to an acceptable degree of on the PBGC’s guarantee. mailed to the Office of Information and imprecision. The PBGC’s regulation implementing Regulatory Affairs of the Office of this provision (29 CFR Part 4011) Management and Budget, Attention: [FR Doc. 01–24172 Filed 9–27–01; 8:45 am] prescribes which plans are subject to the Desk Officer for Pension Benefit BILLING CODE 3110–01–P notice requirement, who is entitled to Guaranty Corporation, Washington, DC receive the notice, and the time, form, 20503. Copies of the request for and manner of issuance of the notice. extension (including the collection of PENSION BENEFIT GUARANTY The notice provides recipients with information) may be obtained without CORPORATION meaningful, understandable, and timely charge by writing to or visiting the information that will help them become PBGC’s Communications and Public Submission of Information Collection better informed about their plans and Affairs Department, suite 240, 1200 K for OMB Review; Comment Request; assist them in their financial planning. Street, NW., Washington, DC 20005– Disclosure to Participants The collection of information under 4026, or calling 202–326–4040. (TTY AGENCY: Pension Benefit Guaranty the regulation has been approved by and TDD users may call 800–877–8339 Corporation. OMB under control number 1212–0050 and request connection to 202–326– (expires October 31, 2001). The PBGC is 4040). The regulation on Employer ACTION: Notice of request for extension requesting that OMB extend its approval Liability can be accessed on the PBGC’s of OMB approval. for three years. An agency may not Web site at http://www.pbgc.gov.
VerDate 11
FOR FURTHER INFORMATION CONTACT: RAILROAD RETIREMENT BOARD TIME AND DATE OF PREVIOUSLY ANNOUNCED Catherine B. Klion, Attorney, Office of MEETING: Monday, September 24, 2001 the General Counsel, Pension Benefit Agency Forms Submitted for OMB at 11:30 a.m. Guaranty Corporation, 1200 K Street, Review CHANGE IN THE MEETING: Additional Item. The following item was added to the NW., Washington, DC 20005–4026, 202– SUMMARY: In accordance with the 326–4024. (For TTY and TDD, call 800– Paperwork Reduction Act of 1995 (44 closed meeting held on Monday, 877–8339 and request connection to U.S.C. Chapter 35), the Railroad September 24, 2001: regulatory matter 202–326–4024). Retirement Board (RRB) has submitted regarding financial institutions. Commissioner Unger, as duty officer, the following proposal(s) for the SUPPLEMENTARY INFORMATION: Section determined that Commission business collection of information to the Office of 4062 of the Employee Retirement required the above change and that no Management and Budget for review and Income Security Act of 1974 provides earlier notice thereof was possible. approval. that the contributing sponsor of a single- At times, changes in Commission Summary of Proposal(s): priorities require alternations in the employer pension plan and members of (1) Collection title: Verification of scheduling of meeting items. For further the sponsor’s controlled group (‘‘the Supplemental Annuity. information and to ascertain what, if employer’’) incur liability (‘‘employer (2) Form(s) submitted: G–88P.1, G– any, matters have been added, delegated liability’’) if the plan terminates with 88P.2. assets insufficient to pay benefit or postponed, please contact: (3) OMB Number: N/A. The Office of the Secretary (202) 942– liabilities under the plan. The PBGC’s (4) Expiration date of current OMB 7070. statutory lien for employer liability and clearance: N/A. the payment terms for employer liability (5) Type of request: New. Dated: September 25, 2001. are affected by whether and to what (6) Respondents: Business or other- Jonathan G. Katz, extent employer liability exceeds 30 for-profit. Secretary. percent of the employer’s net worth. (7) Estimated annual number of [FR Doc. 01–24450 Filed 9–26–01; 10:21 am] Section 4062.6 of the PBGC’s respondents: 90. BILLING CODE 8010–01–M (8) Total annual responses: 90. employer liability regulation (29 CFR (9) Total annual reporting hours: 180. 4062.6) requires a contributing sponsor (10) Collection description: Under SECURITIES AND EXCHANGE or member of the contributing sponsor’s Section 2(b) of the Railroad Retirement COMMISSION controlled group who believes employer Act, the Railroad Retirement Board pays liability upon plan termination exceeds supplemental annuities to qualified Sunshine Act Meeting 30 percent of the employer’s net worth annuitants. The collection will obtain to so notify the PBGC and to submit net Notice is hereby given, pursuant to information from railroad employers the provisions of the Government in the worth information. This information is needed to insure that the supplemental necessary to enable the PBGC to Sunshine Act, Pub. L. 94–409, that the annuities are correctly adjusted and that Securities and Exchange Commission determine whether and to what extent the supplemental tax credits and held the following additional meeting employer liability exceeds 30 percent of liabilities are correct. during the week of September 24, 2001: the employer’s net worth. ADDITIONAL INFORMATION OR COMMENTS: a closed meeting was held on Tuesday, The collection of information under Copies of the forms and supporting September 25, 2001, at 10:45 a.m. the regulation has been approved by documents can be obtained from Chuck Commissioner Unger, as duty officer, OMB under control number 1212–0017 Mierzwa, the agency clearance officer determined that no earlier notice thereof (expires October 31, 2001). The PBGC is (312–751–3363). Comments regarding was possible. requesting that OMB extend its approval the information collection should be Commissioners, Counsel to the for three years. An agency may not addressed to Ronald J. Hodapp, Railroad Commissioners, the Secretary to the conduct or sponsor, and a person is not Retirement Board, 844 North Rush Commission, and recording secretaries required to respond to, a collection of Street, Chicago, Illinois, 60611–2092 will attend the closed meeting. Certain information unless it displays a and to the OMB Desk Officer (RRB), at staff members who have an interest in the Office of Management and Budget, currently valid OMB control number. the matters may also be present. Room 10230, New Executive Office The General Counsel of the The PBGC estimates that an average of Building, Washington, DC 20503. Commission, or his designee, has 6 contributing sponsors or controlled certified that, in his opinion, one or Chuck Mierzwa, group members per year will respond to more of the exemptions set forth in 5 this collection of information. The Clearance Officer. U.S.C. 552b(c)(5), (7), (9)(A), (9)(B), and PBGC further estimates that the average [FR Doc. 01–24286 Filed 9–27–01; 8:45 am] (10) and 17 CFR 200.402(a)(5), (7), 9(i), annual burden of this collection of BILLING CODE 7905–01–M 9(ii) and (10), permit consideration of information will be 12 hours and $2,400 the scheduled matters at the closed per respondent, with an average total meeting. annual burden of 72 hours and $14,400. SECURITIES AND EXCHANGE The subject matter of the closed COMMISSION meeting held on Tuesday, September Issued in Washington, DC, this 24th day of 25, 2001, was: institution of an September, 2001. Sunshine Act Meeting administrative proceedings of an Stuart A. Sirkin, enforcement nature. Director, Corporate Policy and Research FEDERAL REGISTER CITATION OF PREVIOUS At times, changes in Commission Department, Pension Benefit Guaranty ANNOUNCEMENT: (To be published priorities require alterations in the Corporation. Wednesday, September 26, 2001). scheduling of meeting items. For further [FR Doc. 01–24373 Filed 9–27–01; 8:45 am] STATUS: Closed meeting. information and to ascertain what, if BILLING CODE 7708–01–P PLACE: 450 Fifth Street, NW., any, matters have been added, deleted Washington, DC. or postponed, please contact:
VerDate 11
The Office of the Secretary at (202) maintain or promptly produce certain SECURITIES AND EXCHANGE 942–7070. records at each office to which those COMMISSION Dated: September 25, 2001. records relate. These amendments are Jonathan G. Katz, designed to assist securities regulators, [REL. NO. 44839/September 24, 2001] particularly state securities regulators, Secretary. when conducting sales practice Securities Exchange Act of 1934; [FR Doc. 01–24451 Filed 9–26–01; 10:21 am] examinations of broker-dealers. These Order Regarding Government BILLING CODE 8010–01–M amendments were originally proposed Securities Reconciliations on October 22, 1996 (see Exchange Act Section 36 of the Securities Exchange Release No. 37850, 61 FR 55593 (Oct. SECURITIES AND EXCHANGE Act of 1934 ( ‘‘Exchange Act’’ ) 28, 1996)), and were reproposed on COMMISSION authorizes the Commission, by rule, October 2, 1998 (see Exchange Act regulation, or order, to conditionally or Release No. 40518, 63 FR 54404 (Oct. 9, Sunshine Act Meetings unconditionally exempt any person, 1998)). Notice is hereby given, pursuant to security, or transaction, or any class or For further information, please the provisions of the Government in the classes of persons, securities, or contact Michael Macchiaroli, Associate Sunshine Act, Pub. L. 94–409, that the transactions, from any provision or Director, Division of Market Regulation Securities and Exchange Commission provisions of the Exchange Act or any at (202) 942–0132, Thomas McGowan, will hold the following meetings during rule or regulation thereunder, to the Assistant Director, Division of Market the week of October 1, 2001: closed extent that such exemption is necessary Regulation at (202) 942–4886, or Bonnie meetings will be held on Tuesday, or appropriate in the public interest, Gauch, Attorney, Division of Market October 2, 2001 at 10:30 a.m. and and is consistent with the protection of Regulation at (202) 942–0765. Thursday, October 4, 2001, at 10:00 a.m. investors. In light of the events of and an open meeting will be held on 2. The Commission will consider a September 11, 2001, and to facilitate the Wednesday, October 3, 2001, in Room recommendation to propose orderly reconciliation of transactions in 1C30, the William O. Douglas Room, at amendments to Rule 17f–4 under the government securities, the Commission 10 a.m. Investment Company Act of 1940, the has determined to provide broker- Commissioners, Counsel to the rule that governs investment companies’ dealers with certain relief under Commissioners, the Secretary to the use of securities depositories. The Exchange Act Rules 15c3–1 and 15c3– Commission, and recording secretaries proposed amendments would permit 3. Accordingly, will attend the closed meeting. Certain additional types of organizations to It is Ordered, pursuant to Section 36 staff members who have an interest in operate as depositories under the rule, of the Exchange Act, that, the matters may also be present. allow depositories to perform additional Broker-dealers need not consider the The General Counsel of the functions, and expand the types of 17th, 18th, 19th, 20th and 21st of Commission, or his designee, has investment companies that can rely on September 2001, as business or calendar certified that, in his opinion, one or the rule. days for purposes of taking deductions more of the exemptions set forth in 5 For further information, please when computing net capital under Rule U.S.C. 552b(c)(5), (7), (9)(A), (9)(B), and contact Hugh P. Lutz, Attorney, Division 15c3–1 or for purposes of determining (10) and 17 CFR 200.402(a)(5), (7), 9(i), of Investment Management, at (202) the amount of cash and/or qualified 9(ii) and (10), permit consideration of 942–0690. securities required to be maintained in the scheduled matters at the closed 3. The Commission will consider a ‘‘Special Reserve Bank for the meeting. approving proposed amendments to its Exclusive Benefit of Customers’’ in The subject matters of the closed debt collection rules to conform to the accordance with the formula set forth in meeting scheduled for Tuesday, October Debt Collection Act, as amended, and Exhibit A to Rule 15c3–3 arising from 2, 2001 and Thursday, October 4, 2001, the Federal Claims Collection aged fail transactions in government will be: Standards, as amended; the rule securities and unresolved reconciliation Institution and settlement of amendments would facilitate offset of differences with accounts or clearing injunctive actions; and unpaid debts against amounts owed by corporations or depositories involving Institution and settlement of the government to the debtor, and government securities. administrative proceedings of an permit administrative garnishment of It is Further Ordered, That enforcement nature. non-federal wages. Broker-dealers subject to paragraph (e) The subject matters of the open of Rule 15c3–3 that must maintain with meeting scheduled for Wednesday, For further information contact, a bank a ‘‘Special Reserve Bank Account October 3, 2001, will be: please contact Kenneth H. Hall, Division for the Exclusive Benefit of Customers’’ 1. The Commission will consider a of Enforcement at (202) 942–4635. and perform the computation specified recommendation to adopt final At times, changes in Commission in paragraph (e)(1) of Rule 15c3–3 as of amendments to its broker-dealer books priorities require alterations in the Friday, September 21, 2001, need not and records rules, Rule 17a–3 and Rule scheduling of meeting items. For further deposit until 1:00 pm on Tuesday, 17a–4 under the Securities Exchange information and to ascertain what, if September 25, 2001, the amount of cash Act of 1934. The amendments to Rule any, matters have been added, deleted and/or qualified securities required to 17a–3 would clarify and expand or postponed, please contact: be maintained in such an account, recordkeeping requirements with The Office of the Secretary at (202) rather than one hour after the opening respect to purchase and sale documents, 942–7070. of banking business on that day. customer records, associated person records, customer complaints, and Dated: September 25, 2001. By the Commission. certain other matters. The amendments Jonathan G. Katz, Jonathan G. Katz, to Rule 17a–4 would expand the types Secretary. Secretary. of records that broker-dealers must [FR Doc. 01–24452 Filed 9–26–01; 10:21 am] [FR Doc. 01–24329 Filed 9–27–01; 8:45 am] maintain and require broker-dealers to BILLING CODE 8010–01–M BILLING CODE 8010–01–M
VerDate 11
SECURITIES AND EXCHANGE structure, the Commission is extending comments on the proposed rule change COMMISSION MBSCC’s registration as a clearing from interested persons. agency on a temporary basis through [Release 34–44831; File No. 600–22] I. Self-Regulatory Organization’s March 31, 2002. Statement of the Terms of Substance of Self-Regulatory Organizations; MBS Interested persons are invited to the Proposed Rule Change Clearing Corporation; Notice of Filing submit written data, views, and and Order Approving a Request for an arguments concerning the foregoing The PCX proposes to change the Extension of Temporary Registration application. Such written data, views, amount of the marketing fee that it as a Clearing Agency and arguments will be considered by the currently imposes on options Commission in granting registration or transactions. A copy of the proposed September 21, 2001. institution proceedings to determine new schedule of fees is available at the Pursuant to Section 19(a) of the whether registration should be denied PCX and at the Commission. The PCX Securities Exchange Act of 1934 in accordance with Section 19(a)(1) of also proposes to rebate excess marketing 1 (‘‘Act’’), notice is hereby given that on the Act.7 Persons making written fees on a monthly rather than a August 24, 2001, MBS Clearing submissions should file six copies quarterly basis. Corporation (‘‘MBSCC’’) filed with the thereof with the Secretary, Securities Securities and Exchange Commission II. Self-Regulatory Organization’s and Exchange Commission, 450 Fifth Statement of the Purpose of, and (‘‘Commission’’) an application Street, N.W., Washington, D.C. 20549. requesting that the Commission grant Statutory Basis for, the Proposed Rule Copies of the amended application for Change MBSCC full registration as a clearing registration and all written comments agency or in the alternative extend will be available for inspection at the In its filing with the Commission, the MBSCC’s temporary registration as a Commission’s Public Reference Room, PCX included statements concerning the clearing agency until such time as the 450 Fifth Street, N.W., Washington, D.C. purpose of and basis for the proposed Commission is able to grant MBSCC rule change and discussed any 2 20549. All submissions should refer to permanent registration. The File No. 600–22 and should be comments it had received on the Commission is publishing this notice submitted by October 19, 2001. proposed rule change. The text of these and order to solicit comments from statements may be examined at the It Is Therefore Ordered that MBSCC’s interested persons and to extend places specified in Item IV below. The temporary registration as a clearing MBSCC’s temporary registration as a PCX has prepared summaries, set forth agency (File No. 600–22) be and hereby clearing agency through March 31, 2002. in Sections A, B, and C below, of the is extended through March 31, 2002. On February 2, 1987, pursuant to most significant aspects of the Sections 17A(b) and 19(a) of the Act 3 For the Commission, by the Division of statements. and Rule 17Ab2–1 promulgated Market Regulation, pursuant to delegated thereunder,4 the Commission granted authority.8 A. Self-Regulatory Organization’s MBSCC registration as a clearing agency Margaret H. McFarland, Statement of the Purpose of, and on a temporary basis for a period of Deputy Secretary. Statutory Basis for, the Proposed Rule eighteen months.5 The Commission [FR Doc. 01–24278 Filed 9–27–01; 8:45 am] Change subsequently has extended MBSCC’s BILLING CODE 8010–01–M The PCX currently collects a registration through September 30, marketing fee of $0.40 per market maker 2001.6 contract in equity options traded on the The Government Securities Clearing SECURITIES AND EXCHANGE PCX.3 Trades between market makers, Corporation (‘‘GSCC’’), the Emerging COMMISSION including trades between market makers Market Clearing Corporation (‘‘EMCC’’), and Lead Market Makers (‘‘LMMs’’) are and MBSCC are currently taking steps [Release No. 34–44830; File No. SR–PCX– not subject to the marketing fee. toward the integration of GSCC, EMCC, 2001–37] The PCX segregates the funds by and MBSCC and the acquisition of these trading post and makes the funds clearing agencies by The Depository Self-Regulatory Organizations; Notice available to LMMs for their use in Trust and Clearing Corporation. In order of Filing and Immediate Effectiveness attracting orders in the options traded at to have time to study the affect of the of Proposed Rule Change by the the posts. The LMMs are obligated to acquisition and integration on MBSCC’s Pacific Exchange, Inc. Relating to account to the PCX for the use that they governance and organizational Changes in Marketing Fees make of the funds. The LMMs, and not the PCX, make all determinations September 21, 2001. 1 15 U.S.C. 78s(a). concerning the amount that they may 2 Letter from Jeffrey F. Ingber, Managing Director, Pursuant to Section 19(b)(1) of the pay for orders, as well as the types, General Counsel and Secretary, MBSCC (August 21, Securities Exchange Act of 1934 sizes, and other factors relating to orders 2001). (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 3 15 U.S.C. 78q–1(b) and 78s(a). that qualify for payment. The PCX 4 17 CFR 240.17Ab2–1. notice is hereby given that on August provides administrative support to the 5 Securities Exchange Act Release No. 24046 30, 2001, the Pacific Exchange, Inc. LMMs, keeping track of the number of (February 2, 1987), 52 FR 3218. (‘‘PCX’’) filed with the Securities and qualified orders each firm directs to the 6 Securities Exchange Act Release Nos. 25957 Exchange Commission (‘‘Commission’’) PCX and making the necessary debits (August 2, 1988), 53 FR 29357; 27079 (July 31, the proposed rule change as described 1989), 54 FR 34212; 28492 (September 28, 1990), 55 and credits to the accounts of the LMMs FR 41148; 29751 (September 27, 1991), 56 FR in Items I, II and III below, which Items and member firms. 50602; 31750 (January 21, 1993), 58 FR 6424; 33348 the PCX has prepared. The Commission The PCX periodically rebates to PCX (December 15, 1993), 58 FR 68183; 35132 is publishing this notice to solicit market makers the marketing fees that (December 21, 1994), 59 FR 67743; 37372 (June 26, 1996), 61 FR 35281; 38784 (June 27, 1997), 62 FR the LMMs have not paid to order flow 7 36587; 39776 (March 20, 1998), 63 FR 14740; 41211 15 U.S.C. 78s(a)(1). (March 24, 1999), 64 FR 15854; 42568 (March 23, 8 17 CFR 200.30–3(a)(16). 3 See Securities Exchange Act Release No. 43290 2000), 65 FR 16980; and 44089 (March 21, 2001), 1 15 U.S.C. 78s(b)(1). (September 13, 2000), 65 FR 57213 (September 21, 66 FR 1691. 2 17 CFR 240.19b–4. 2000) (order approving SR–PCX–00–30).
VerDate 11
providers.4 The amount refunded to proposal.9 Generally, these commenters 120 Options on the Phlx’’) and $0 in each market maker is based on the maintained that the proposal should not others.19 percentage of the total marketing fees be adopted because it would impair the The PCX believes that its proposed that the market maker paid at each quality of the PCX’s markets by rule change is reasonable and equitable trading post during the rebate period. reducing depth and liquidity;10 would because, like the ISE’s payment for Currently, the PCX rebates excess raise antitrust concerns;11 would order flow program, its fee has been marketing fees to PCX market makers on adversely impact options prices;12 ‘‘designed to enable the Exchange to a quarterly basis. would be difficult to detect or prevent compete with other markets in attracting The PCX is proposing to eliminate its an LMM’s misuse of funds;13 would options business.’’ 20 In this regard, the current fee of $0.40 per contract and to constitute an improper delegation of PCX asserts that it needs greater replace it with new fees, per option authority to private parties;14 would flexibility in its marketing fee structure issue, as set forth in the PCX’s Schedule subject the PCX to litigation;15 and, in order to compete effectively with the of Rates. Only the amount of the fee is generally, would be unfair.16 other options exchanges.21 According to being changed. The PCX intends to The PCX believes that the vast the PCX, while payment for order flow collect the marketing fees set forth in majority of these concerns were fees may be unaffordable to some the Schedule of Rates beginning with addressed and resolved in the market makers, the Commission has the September trade month and Commission’s order approving the found that ‘‘the determination to impose continuing until further notice. proposal of the International Securities them is a business decision legitimately The PCX is also proposing to change Exchange (‘‘ISE’’) concerning payment made by the Exchange in assessing the its method of rebating excess marketing for order flow.17 The PCX believes that costs that must be assumed if it is to fees to market makers. Specifically, the the PCX’s fee change proposal, like the remain competitive as a market PCX intends to rebate the fees on a ISE’s proposal, is ‘‘a reasonable center.’’ 22 The PCX also noted that, monthly, rather than quarterly, basis.5 competitive response * * * to the under its proposal, no distinctions are 2. Basis adoption of similar payment-for-order- made among PCX members with respect flow programs on other exchanges.’’ 18 to the amounts that they must pay. The PCX believes that the proposed The PCX contends that, because its The PCX also noted its disagreement rule change is consistent with Section proposal involves marketing fees that with the contention of certain 6(b) of the Act.6 The PCX believes that are set on a per issue basis, in amounts commenters 23 that the proposal would the proposal has been designed to ranging from $0 to $1.00 per contract, it involve an improper delegation of provide for the equitable allocation of is substantially similar to the program of authority from the PCX to private dues, fees and other charges among its the Philadelphia Stock Exchange parties. The PCX asserted that, although members and other persons using its (‘‘Phlx’’) whereby the Phlx imposes a it considered suggestions and other facilities, and therefore furthers the $1.00 fee in certain issues (i.e., the ‘‘Top input from the PCX membership on the objectives of Section 6(b)(4) of the Act.7 proposed rate schedule, it also The PCX also believes that its proposed 9 These included the following: letter from Karim considered objective data 24 and change with respect to the rebating of Tahawi (and other PCX market makers) to the PCX ultimately made the final determination excess marketing fees has been designed Board of Governors, dated July 23, 2001 (‘‘Tahawi letter’’); letter from David B. Bayless, Morrison & itself as to the specific fees to be charged to facilitate transactions in securities Foerster LLP, to the PCX Board of Governors, dated per issue by virtue of this rule filing. and to promote just and equitable July 23, 2001 (‘‘Bayless letter’’); letter from Joel With regard to the antitrust concerns principles of trade, thereby furthering Greenberg, Susquehanna International Group, to raised by some of the commenters, the Thomas E. Connaghan, PCX, dated August 9, 2001 the objectives of Section 6(b)(5) of the PCX noted that it has consulted with its Act.8 (‘‘Greenberg letter’’); letter from Paul Liang, PCX Lessors Association, to the PCX Board of Governors legal counsel on antitrust issues and B. Self-Regulatory Organization’s (undated) (‘‘Liang letter’’); letter from the Pacific concluded that the proposal is Statement on Burden on Competition Exchange Market Maker Association to the PCX consistent with the antitrust laws. Board of Governors, dated August 14, 2001 As to the PCX’s ability to detect and The PCX does not believe that the (‘‘PEMMA letter’’); e-mail from Richard Cabanes, prevent an LMM’s possible misuse of proposed rule change will impose any PCX market maker, to Stephen Edman, PCX, dated August 14, 2001 (‘‘Cabanes e-mail’’); e-mail from funds, the PCX cited to the burden on competition that is not Jamison Strofs, PCX market maker, to Stephen Commission’s order approving the ISE’s necessary or appropriate in furtherance Edman, PCX, dated August 15, 2001 (‘‘Strofs e- payment for order flow program, in of the purposes of the Act. mail’’); e-mail from Mark Cormier, PCX market maker, to the PCX Rates and Charges Committee, which the Commission stated that it C. Self-Regulatory Organization’s dated August 15, 2001 (‘‘Cormier e-mail’’); e-mail ‘‘expects [that] the ISE, in fulfillment of Statement on Comments on the from Mark Cormier, Pacific Research and Trading its self-regulatory function, will be alert Proposed Rule Change Received from (‘‘PRT’’), to the PCX Rates and Charges Committee, dated August 15, 2001 (‘‘PRT e-mail’’); letter from to any inappropriate expenditure of Members, Participants, or Others Mark Cormier, PCX market maker, to the PCX Board such funds, in the service of particular The PCX received eleven written of Governors (undated) (‘‘Cormier letter’’); e-mail members, or for use of these funds to from Ronald Chin to Mike King, PCX, dated August comment letters and e-mails on the 22, 2001 (‘‘Chin e-mail’’). 19 See Securities Exchange Act Release No. 43177 10 Tahawi letter; Bayless letter; Liang letter; (August 18, 2001), 65 FR 54330 (August 25, 2000). 4 See Securities Exchange Act Release No. 44071 Carbanes letter; Strofs letter; Cormier e-mail; PRT e- 20 ISE Release, supra. (March 13, 2001), 66 FR 15939 (March 21, 2001) mail; Cormier letter. 21 The PCX added that, in the ISE Release, the (SR–PCX–01–08). 11 Tahawi letter; Bayless letter; Greenberg letter; 5 Commission stated that ‘‘the U.S. options markets Under the current quarterly rebate program, the PEMMA letter; PRT letter; Cormier letter. are in the midst of profound and dynamic structural PCX would issue a rebate for the quarterly period 12 Bayless letter; Liang letter. change, resulting from the intense competition for that includes the July, August, and September trade 13 months. During the transition to monthly rebates, Bayless letter; PEMMA letter. options order flow.’’ ISE Release, supra. the PCX anticipates that it would rebate the excess 14 Greenberg letter; PEMMA letter. 22 Id. funds that were collected for the July and August 15 Chin e-mail. 23 Greenberg letter; PEMMA letter. trade months, and thereafter begin administering 16 Bayless letter. 24 According to the PCX, this data included the rebates on a monthly basis. 17 See Securities Exchange Act Release No. 43833 trading volume per issue, PCX market share per 6 15 U.S.C. 78f(b). (January 10, 2001), 66 FR 7822 (January 25, 2001) issue, disposition of previous marketing fees 7 15 U.S.C. 78f(b)(4). (‘‘ISE Release’’). collected, relative size of each trading crowd, and 8 15 U.S.C. 78f(b)(5). 18 Id. other such information.
VerDate 11
encourage trades on other public in accordance with the comments on the proposed rule change, exchanges.’’ 25 provisions of 5 U.S.C. 552, will be as amended, from interested persons. Finally, in support of its position, the available for inspection and copying in I. Self-Regulatory Organization’s PCX included the following quote from the Commission’s Public Reference Statement of the Terms of Substance of the Commission’s order approving the Room, 450 Fifth Street, NW., the Proposed Rule Change ISE’s payment for order flow proposal: Washington, DC 20549. Copies of such Payment for order flow assumes many filing will also be available for The Phlx proposes, on a six-month different forms and guises—as numerous as inspection and copying at the principal pilot basis, to amend Exchange Options the many different kinds of incentives office of the PCX. All submissions Floor Procedure Advice (‘‘OFPA’’) F–24, granted to order flow providers to induce should refer to File No. SR–PCX–2001– AUTO–X Contra-Party Participation, to them to send their business to them. Without 37 and should be submitted by October allow specialists, on an issue-by-issue more, this form of payment or incentive— 19, 2001. basis, to elect to implement a new order however objectionable to some—cannot be assignment model for contra-side said to be in itself inconsistent with the Act For the Commission, by the Division of while other forms are accepted as consistent Market Regulation, pursuant to delegated participation in orders delivered via with the Act. In this context, the ISE proposal authority.30 AUTOM and automatically executed via cannot be said to constitute an undue burden AUTO–X.4 The proposed order on competition.26 Margaret H. McFarland, assignment model set forth in new In the light of all of the foregoing, the Deputy Secretary. proposed Section (e)(ii) of OFPA F–24 is PCX believes that is proposal is [FR Doc. 01–24330 Filed 9–27–01; 8:45 am] called the Alternative Wheel Allocation consistent with the Act, the rules BILLING CODE 8010–01–M Model (‘‘Model’’). thereunder, and the Commission’s order The proposed new rule text is as approving the ISE’s payment for order follows. Proposed new language is in flow plan.27 SECURITIES AND EXCHANGE italics. COMMISSION III. Date of Effectiveness of the F–24 AUTO–X Contra-Party Proposed Rule Change and Timing for [Release No. 34–44829; File No. SR–Phlx– Participation (The Wheel) Commission Action 2001–30] (a) No change. Because the PCX has designated the (b) No change. Self-Regulatory Organizations; Notice (c) No change. foregoing as a fee change pursuant to of Filing of Proposed Rule Change and Section 19(b)(3)(A) of the Act 28 and (d) No change. 29 Amendment No. 1 Thereto by the (e)(i) Wheel Rotation/Assigning Rule 19b–4(f)(2) thereunder, the Philadelphia Stock Exchange, Inc. proposal has become effective Contracts—AUTO–X participation shall Relating to the Alternative Wheel be assigned to Wheel Participants on a immediately upon filing with the Allocation Model Commission. At any time within 60 rotating basis, beginning at a random days after the filing of the proposed rule September 21, 2001. place on the rotational Wheel each day, from those participants signed-on in change, the Commission may summarily Pursuant to Section 19(b)(1) of the that listed option at that time. At a abrogate the rule change if it appears to Securities Exchange Act of 1934 minimum, the Wheel shall rotate and the Commission that such action is (‘‘Act’’),1 and Rule 19b–4 thereunder,2 assign contracts depending upon the necessary or appropriate in the public notice is hereby given that on March 6, size of the AUTO-X guarantee, as interest, for the protection of investors, 2001, the Philadelphia Stock Exchange, follows. or otherwise in furtherance of the Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with purposes of the Act. the Securities and Exchange 1–10 contracts every 2 contracts; IV. Solicitation of Comments Commission (‘‘Commission’’) the proposed rule change as described in 11–25 contracts Interested persons are invited to Items I, II, and III below, which Items every 5 contracts; 26 and more submit written data, views and have been prepared by the Exchange. every 10 contracts arguments concerning the foregoing, The Phlx submitted Amendment No. 1 including whether the proposed rule on May 21, 2001.3 The Commission is The Options Committee, or its change is consistent with the Act. publishing this notice to solicit designees, may approve a Wheel Persons making written submissions rotation in a size larger than the should file six copies thereof with the minimum stated above, if requested by 30 17 CFR 200.30–3(a)(12). Secretary, Securities and Exchange 1 15 U.S.C. 78s(b)(1). the specialist and Wheel participants. Commission, 450 Fifth Street, NW., 2 17 CFR 240.19b–4. However, the Wheel may not rotate in Washington, DC 20549–0609. Copies of 3 Letter from Richard S. Rudolph, Counsel, Phlx, a size larger than ten contracts. the submission, all subsequent to Nancy J. Sanow, Assistant Director, Division of Each remaining portion shall be amendments, all written statements Market Regulation (‘‘Division’’), Commission, dated successively assigned to individual May 17, 2001 (‘‘Amendment No. 1’’). In with respect to the proposed rule Amendment No. 1 the Phlx amended the proposed Wheel Participants on that same basis. change that are filed with the rule change by deleting rule language which would Commission, and all written have set forth a minimum participation percentage 4 AUTOM is the Exchange’s electronic order communications relating to the of 30% for specialists and a maximum participation delivery and reporting system, which provides for percentage of 60% for any single Wheel participant. the automatic entry and routing of equity option proposed rule change between the In addition, in Amendment No. 1 the Phlx further and index option orders to the Exchange trading Commission and any person, other than amended its proposal to specify that the ‘‘Review floor. Orders delivered through AUTOM may be those that may be withheld from the Period,’’ during which the specialist and crowd executed manually; alternatively, certain orders are participants may earn Participation Units, will last eligible for AUTOM’s automatic execution feature, a maximum of 14 calendar days. Finally, the Phlx AUTO–X. Equity option and index option 25 ISE Release, supra. corrected several minor typographical errors specialists are required by the Exchange to 26 Id. (footnotes omitted). contained in the original filing. The substance of participate in AUTOM and its features and 27 Id. Amendment No. 1 is incorporated into the enhancements. Option orders entered by Exchange 28 15 U.S.C. 78s(b)(3)(A). description of the proposed rule change in Section members into AUTOM are routed to the appropriate 29 17 CFR 240.19b–4(f). II.A., below. specialist unit on the Exchange trading floor.
VerDate 11
The specialist shall receive the first contracts eligible for allocation on the been awarded a specific number of execution of the day; thereafter, if four Wheel. Participation Units. or less ROTs are participating on the With respect to any Trading Period, A ‘‘Wedge’’ is a maximum number of Wheel, the specialist shall participate in the Ratio for a Wheel Participant with Participation Units that a Wheel a normal rotation. However,if an average respect to an Eligible Option shall be Participant may be consecutively of five to 15 ROTs have signed-on the equal to the sum (expressed as a assigned at any one time on the Wheel. Wheel, the specialist shall receive every percentage, rounded to the nearest 1 The purpose of the Wedge is to break up fifth execution; if an average of 16 or percent) of A and B, where: the distribution of contracts into smaller more ROTs have signed-on the Wheel, A = 80% of (a) the number of Eligible groupings to reduce the exposure of any the specialist shall receive every tenth Contracts effected by the Wheel one Wheel Participation to market risk. execution, unless Wheel participation Participants in the Eligible Option If the size of the Wedge is smaller than falls below ten participants at any time, during the previous Review Period, the number of Participation Units to then the specialist shall automatically divided by (b) the number of all Eligible which a particular Wheel Participation participate in a normal rotation. Contracts effected by all Wheel is entitled, then that Wheel Exception to the normal rotation: Participants in the Eligible Option Participation would receive one or more With the unanimous consent of Wheel during the previous Review Period. additional assignments during one participants in an option and approval And revolution of the Wheel. B = 20% of (a) the number of non- of the Options Committee Chairman or The decision to participation in the Wheel agency trades effected by the his designee, the specialist shall receive Model pilot (as opposed to the Wheel Participant in the Eligible Option during an enhanced participation substantially allocation set forth in Section (e)(i) of the previous Review Period, divided by equivalent to twice the number of this Advice) shall be made by the (b) the number of all non-Wheel trades contracts as other crowd participants effected by all Wheel Participants in the specialist on an issue-by-issue basis. where the Enhanced Specialist Eligible Option during the previous However, once the specialist determines Participation of Rule 1014(g)(ii) applies. Review Period. to participate in the Model pilot, such The provisions of this clause (e)(i) will Once a Wheel Participant has signed participation shall be effective until the not apply under circumstances where onto the Wheel, he will be assigned end of the review period as set forth in clause (e)(ii) applies. contracts on the Wheel until his Section (f) of this Advice, unless the (ii) Alternative Wheel Allocation awarded number of Participant Units Options Committee determines to Model. The Alternative Wheel has been met. This may mean that permit the specialist, on an issue-by- Allocation Model (the ‘‘Model’’) is a multiple orders (or an order and a part issue, to opt out the pilot program. method for allocating Wheel of this succeeding order) will be Definitions: As used in this clause participation with respect to certain assigned to the same Wheel Participant. (e)(ii), the following terms have the Eligible Options (as defined below). In To understand how the AUTO–X orders meanings set forth below: general, the Model allocates contracts will actually be allocated to Wheel ‘‘Eligible Contracts’’ means contracts that comprise AUTO–X during a Participants to meet those percentages, comprising all in-person, non-Wheel ‘‘Trading Period’’ (as defined below) by one must understand the concepts of agency trades in an Eligible Option taking into account the participation of ‘‘Participants Units’’ and ‘‘Wedges.’’ A effected during a given Review Period, Wheel Participants in non-Wheel Participants Unit is 1% of the Wheel provided that, except as otherwise contracts and trade effected during a and often may be equal to one contract. determined by the Options Committee, ‘‘Review Period’’ (as defined below) that The Options Committee may determine in the event that the percentage that any immediately precedes the Trading the number of contracts that make up individual non-Wheel agency trade Period. The Model allocates contracts one Participants Unit. Each Wheel effected by a Wheel Participation would for a given Trading Period based on the Participant for that option class, exceed in size 5% of the total non- number of ‘‘Participation Units’’ (as regardless of whether such Wheel Wheel agency contracts effected during defined below) earned by the Wheel Participant executed any agency trades that Review Period (the ‘‘Period Total’’), Participant during the immediately in Eligible Contracts during the then the number of Eligible Contracts preceding Review Period. immediately prior Review Period, is attributable to such trade shall be Participation Units will be awarded to entitled to be assigned at least one counted, for purposes of calculating the a Wheel Participant based on a Participation Unit on every revolution of Ratio, as the number of contracts equal weighted ‘‘Ratio’’ (as defined below) of the Wheel. For example, if a to 5% of the Period Total. the sum of such Wheel Participant’s in- Participation Unit equals one contract ‘‘Eligible Options’’ means those person, non-Wheel agency contracts then there will be 100 AUTO–X multiply listed equity options traded and the number of such Wheel contracts that will be assigned to Wheel designated for inclusion in the Model by Participant’s in–person, non-Wheel Participants on every revolution of the the specialist on an issue-by-issue basis, agency trades executed during the Wheel. If a Participation Unit is defined subject to the approval of the Options Review Period, divided by the sum of all as five contracts then there will be 500 Committee. The Options Committee will in-person, non-Wheel agency contracts AUTO–X contracts assigned to the notify the membership of each class of traded and all in-person, non-Wheel Wheel Participants before the Wheel options that is subject to the Model. trades executed during the Review completes one revolution. Generally, the A ‘‘Participation Unit’’ is 1% of the Period in the Eligible Option. Wheel will consist of the number of Wheel and often may be equal to one The purpose of the Model is to reward Participation Units replicating the contract. The Options Committee may liquidity providers by assigning cumulative percentage of all Wheel determine the number of contracts that contracts with respect to Auto-X orders Participants signed onto the system who make up one Participation Unit. in Eligible Options executed during a have been awarded Participation Units ‘‘Period Total’’ means the number of given Trading Period to each Wheel based on agency trades in Eligible all Eligible Contracts effected by all Participant in a manner that will Contracts during the immediately prior Wheel Participants in the Eligible approximate the product of the Ratio (as Review Period, plus one Participation Option during the Relevant Review defined below) and the number of Unit for each market-maker that has not Period.
VerDate 11
‘‘Review Period’’ means a period (not II. Self-Regulatory Organization’s such Wheel Participants by assigning to exceed 14 calendar days) determined Statement of the Purpose of, and contracts with respect to AUTO–X by the Options Committee that Statutory Basis for, the Proposed Rule orders based on the number of in- commences on the trading day following Change person, non-Wheel agency contracts and the final day of the proceeding Review In its filing with the Commission, the trades (on a weighted basis as set forth Period. The Ratio for a Wheel Exchange included statements in detail below) effected by such Wheel Participation for an Eligible Option for concerning the purpose of and basis for Participant during a given Review each Trading Period will be based upon the proposed rule change and discussed Period (as defined below).8 The the non-Wheel (in-crown) trading any comments it received on the Exchange believes that the Model will activity in the Eligible Option during the proposed rule change. The text of these encourage Phlx specialists and ROTs in Review Period that ends immediately statements may be examined at the Eligible Options (as defined below) to prior to the beginning of the Trading places specified in Item IV below. The quote more aggressively because the Period. Exchange has prepared summaries, set potential rewards therefore will be ‘‘Trading Period’’ means a period (not forth in Sections A, B, and C below, of increased. to exceed 14 calendar days) determined the most significant aspects of such The Exchange notes that because this by the Options Committee that statements. proposal is primarily descriptive in commences on the trading day following A. Self-Regulatory Organization’s nature, the Fine Schedule applicable to the final day of the preceding Trading Statement of the Purpose of, and OFPA F–24 will remain limited to Period. Statutory Basis for, the Proposed Rule member violations of the sign-on A ‘‘Wedge’’ is the maximum number Change requirements of Section (c). To the of Participation Units that a Wheel 1. Purpose extent a member may violate any other provision of OFPA F–24, such matters Participant may be consecutively The purpose of the proposed rule assigned at any time on the Wheel. are subject to review by the Business change is to institute a new method for Conduct Committee.9 Because the size of the Wedge may be assigning contra-side participation in smaller than the number of contracts to orders delivered through AUTOM and (a) Definitions. For purposes of this which a particular Wheel Participant is automatically executed on AUTO–X via proposed rule, the following definitions entitled during one revolution of the the Exchange’s ‘‘Wheel.’’ 5 apply: Wheel, that Wheel Participant will Currently, OFPA F–24 sets forth the • ‘‘Eligible Contracts’’ means receive more than one turn during one method of allocation of trades executed contracts comprising all in-person, non- revolution of the Wheel. The Wedge size via AUTO–X among specialists and Wheel agency trades in an Eligible will be variable, at the discretion of the ROTS 6 signed on to the Wheel in a Option effected during a given Review Options Committee and may be particular option (‘‘Wheel Period, provided that, except as different for different option classes or Participants’’). Under the current rule, otherwise determined by the Options the same for all option classes. AUTO–X participation is assigned to Committee, in the event that the ‘‘Wheel Participant’’—for the purpose Wheel Participants on a rotating basis, percentage that any individual non- of determining the Ratio and number of beginning at a random place on the Wheel agency trade effected by a Wheel Participation Units awarded for a given Wheel each day. The Wheel signs Participant would exceed in size 5% of Trading Period, a Wheel Participant is contracts depending upon the size of the the total non-Wheel agency contracts deemed to be a firm, regardless of which AUTO–X guarantee, based on (1) the effected during that Review Period (the number of contracts to be assigned, and individual member of that firm has been ‘‘Period Total’’), then the number of (2) the number of Wheel Participants designated to trade in a particular Eligible Contracts attributable to such signed on the Wheel for a given option. crowd during a particular trading day. The current method of assignment trade shall be counted, for purposes of In situations where such a firm has does not take into account, or reward, calculating the Ratio, as the number of more than one crowd participant at one the overall level of liquidity in respect time, the Ratio and number of of non-Wheel agency contracts and participants to act competitively. See Section IV Participation Units would be calculated .B.h.(i), Order Instituting Public Administrative trades provided by a Wheel Participant Proceedings Pursuant to Section 19(h)(1) of the as through all such crowd participants in a given option. The Model is Securities Exchange Act of 1934, Making Findings that are members of the same firm are intended, primarily, to enhance and Imposing Remedial Sanctions, Securities trading as the beneficial owner of one incentives for Wheel Participants to Exchange Act Release No. 43268 (September 11, 2000) and Administrative Proceeding File 3–10282 single account. 7 quote competitively and to reward (the ‘‘Order’’). (f) The provisions of section (e) above 8 The Exchange represents that this is not will be reviewed and evaluated by the 5 The ‘‘Wheel’’ is a feature of AUTOM that intended to be interpreted to imply that the current provides an automated mechanism for assigning Wheel model fails to encourage competition among Options Committee as needed, but not specialists and Registered Options Traders Wheel Participants. The Exchange states that, under less frequently than on a six month (‘‘ROTs’’) signed on the Wheel for a given listed the current system, if a ROT wishes to participate basis, to determine the effectiveness of option, on a rotating basis, as contra-side in more Wheel contracts, he or she may place an the program to achieve its stated participants to trades executed via AUTO–X. See order on the limit order book that improves the Exchange Rule 1080(g). Phlx market. This causes the Wheel to stop, and purpose as well as to resolve specific 6 A ROT is a regular member or a foreign currency incoming executable AUTOM orders that would issues, including, without limitation, options participant of the Exchange located on the otherwise be allocated on the Wheel would be continued eligibility of an option on an trading floor who has received permission from the executed manually against the booked order until issue-by-issue basis. Exchange to trade in options for his own account. it is exhausted (see Exchange Rule 1080(c)). The See Exchange Rule 1014(b). Exchange represents that this feature, which creates Fine Schedule 7 The Exchange notes that the Commission has strong incentives for price improvement, would be directed that the options markets adopt new, or retained under the proposed Model. F–24 Fine not applicable, except amend existing, rules concerning its automated 9 Telephone conversation between Richard S. quotation and execution systems which Rudolph, Counsel, Phlx, and Geoffrey Pemble, paragraph (c). Matters subject to review substantially enhance incentives to quote Attorney, Division of Market Regulation, by the Business Conduct Committee. competitively and reduce disincentives for market Commission (June 26, 2001).
VerDate 11
contracts equal to 5% of the Period Participant for an Eligible Option for weighted sum of all in-person, non- Total.10 each Trading Period will be based upon Wheel agency contracts and trades in • ‘‘Eligible Options’’ means those the non-Wheel, in-person trading such an option during the Review multiply listed equity options activity in the Eligible Option during Period. Under the Model, on each designated for inclusion in the Model by the Review Period that ends revolution of the Wheel, each Wheel the specialist on an issue-by-issue basis, immediately prior to the beginning of Participant that is signed-on to the subject to the approval of the Options the Trading Period. Wheel at the time would be assigned Committee. The Options Committee will • ‘‘Trading Period’’ means a period enough contracts so that the percentage notify the membership of each class of (not to exceed 14 calendar days) of Wheel contracts allocated to such options that is subject to the Model. determined by the Options Committee Wheel participant on that revolution of • A ‘‘Participation Unit’’ is 1% of the that commences on the trading day the Wheel will approximate the Wheel and often may be equal to one following the final day of the preceding weighted percentage of agency contracts contract. The Options Committee may Trading Period. and trades that he or she executed in- • determine the number of contracts that A ‘‘Wedge’’ is the maximum person in that option during the Review make up one Participation Unit. number of Participation Units that a Period (except those contracts excluded • ‘‘Period Total’’ means the number Wheel Participant may be consecutively by the ‘‘5% cap’’ set forth in the of all Eligible Contracts effected by all assigned at any one time on the Wheel. definition of Eligible Contracts). The Wheel Participants in the Eligible Because the size of the Wedge may be Options Committee would determine Option during the relevant Review smaller than the number of contracts to the duration of the Review Period, Period. which a particular Wheel Participant is which will be calculated on a ‘‘rolling • The ‘‘Ratio’’ for a Wheel Participant entitled during one revolution of the basis’’ and will in no event exceed the with respect to an Eligible Option Wheel, that Wheel Participant will previous 14 calendar days.14 means the sum (expressed as a receive more than one turn during one (i) Participation Units. During the percentage, rounded to the nearest 1 revolution of the Wheel. The Wedge size Trading Period, a Wheel Participant percent) of A and B, where: will be variable, at the discretion of the would be assigned contracts on the A=80% of (a) the number of Eligible Options Committee and may be Wheel for trades executed via AUTO–X Contracts effected by the Wheel different for different option classes or 12 based on the number of Participation Participant in the Eligible Option during the same for all option classes. • Units such Wheel Participant attained the previous Review Period, divided by Solely for the purpose of during the immediately preceding (b) the number of all Eligible Contracts determining the Ratio and number of Review Period. The number of effected by all Wheel Participants in the Participation Units awarded for a given Participation Units awarded will be Eligible Option during the previous Trading Period, the term ‘‘Wheel calculated for each Wheel Participant Review Period; Participant’’ shall be deemed to include for each option the wheel Participant and a firm, regardless of which individual trades. A new Wheel participant (who B=20% of (a) the number of non- member of that firm has been designated did not participate in the immediately Wheel agency trades effected by the to trade in a particular crowd during a previous Review Period) would be Participant in the Eligible Option during particular trading day. In situations where such a firm has more than one entitled to one Participation Unit. the previous Review Period, divided by crowd participant at one time, the Ratio (b) the number of all non-Wheel trades (ii) Formula Determining and number of Participation Units effected by all Wheel Participants in the Participation Units. Participation Units would be calculated as though as such Eligible Option during the previous (for Wheel Participant ‘‘A’’ in this crowd participants that are members of Review Record. Example) during the preceding Review the same firm are trading as the • ‘‘Review Period’’ means a period Period (‘‘trades’’ refers to trades in the beneficial owner of one single (not to exceed 14 calendar days given Eligible Option) are determined as account.13 calculated on a rolling basis) follows: (b) The Model. Under the Model, determined by the Options Committee, AUTO–X orders in Eligible Options that commences on the trading day 14 The ‘‘rolling basis’’ means that the Review would be assigned to signed-on Wheel following the final day of the preceding Period will be for a duration not to exceed the most Participants according to the percentage Review Period.11 The Ratio for a Wheel recent 14 calendar days. The Options Committee of a weighted sum of their in-person, may shorten the Review Period, but in no event non-Wheel agency contracts and trades shall it exceed 14 calendar days. The purpose of the 10 The purpose of this ‘‘5% cap’’ is to avoid the ‘‘rolling’’ 14-day Review Period is to avoid unduly circumstance in which a Wheel Participant could in a given option, compared to a penalizing a Wheel Participant that cannot obtain an unfair advantage over other regular Wheel participate in in-person, non-Wheel agency trades Participants as a result of a single trade during the 12 The purpose of the Wedge is to break up the due to absence during the Review Period. The Review Period for an extraordinarily large size. In distribution of contracts into smaller groupings to reason for limiting the Review Period to a effect, the ‘‘cap’’ limits the extent to which very reduce the exposure of any one Wheel Participant maximum of 14 calendar days (the Options large trades would count as Eligible Contracts to be to market risk by limiting the number of contracts Committee may determine to shorten the Review included in the Period Total. that would be consecutively assigned to a given Period) is to ensure that the Model does not operate 11 The Exchange represents that the review period Wheel Participant. to prevent Wheel Participants from increasing their will be set at 14 calendar days for all options classes 13 The purpose of this provision is to avoid attained number of Participation Units by and that the Options Committee will not vary the unduly penalizing a Wheel Participant if an entrenching other Wheel Participants who initially term of the review period except in the case of individual associated with such Wheel Participant have a large number of in-person, non-Wheel exigent circumstances. Telephone conversation is absent from the trading crowd during the Review agency contracts and trades. A long Review Period between Richard S. Rudolph, Counsel, Phlx and Period, and thus unable to participate in in-person, could have the effect of ‘‘freezing’’ the status quo, Gordon Fuller, Counsel to the Assistant Director, non-Wheel, agency trades. A firm could substitute thus effectively preventing, or at least delaying, Division of Market Regulation, Commission a different, qualified individual for the absent Wheel Participants from increasing their number of (September 21, 2001). individual, and not be penalized for such absence. Participation Units.
VerDate 11
(# of Eligible Contracts executed by Wheel Participant "A") (.8 ) × (# of Eligible Contracts executed by all Wheel Participants) (# of trades executed by Wheel Participant "A") + (.2) × (# of trades executed by all Wheel Participants) = Number of Participation Units Attained by Wheel Participant "A"
As stated above, the calculation of the all Wheel Participants in the Eligible given option would be calculated as number of Participation Units to be Option during the previous Review follows for a given Review Period. attained by a Wheel Participant is based Period. The number of Eligible Contracts executed during the Review Example—How Participation Units Are on a weighted Ratio of (a) the number Calculated of Eligible Contracts and trades effected Period would be weighted as 80% of the by the Wheel Participant in an Eligible Ratio, and the number of trades effected In this example, assume three Wheel Option during the previous Review during the Review Period would be Participants attained Participation Units Period, divided by (b) the number of all weighted as 20% of the Ratio. during the Review Period, and that no The number of Participation Units to single trade accounted for greater than Eligible Contracts and trades effected by be attained by a Wheel Participant in a 5% of the Period Total.
(c) Discussion. Once a Wheel of Participation Units has been To understand how the AUTO–X Participant has signed onto the Wheel, approximated. This may mean that orders will be allocated to Wheel he or she will be assigned contracts on multiple orders (or an order and a part Participants to meet those percentages, the Wheel during each revolution of the of the succeeding order) will be one must understand the concepts of Wheel until his or her awarded number assigned to the same Wheel Participant. ‘‘Participation Units’’ and ‘‘Wedges.’’ A
VerDate 11
‘‘Participation Unit’’ is 1% of the Wheel would receive one or more additional issues, including, without limitation, and often may be equal to one contract. assignments during one revolution of continued eligibility of an option on an The Options Committee may determine the Wheel. issue-by-issues, including,without the number of contracts that make up (i) Miscellaneous Aspects of the limitation, continued eligibility of an one Participation Unit. For example, if Operation of the Model. a. 5% Cap for option on an issue-by-issue basis. The a Participation Unit equals one contract Large Trades. The proposed rule purpose of this provision is to enable then there will be 100 AUTO–X provides that, in the event that the the Options Committee to continually contracts that will be assigned to Wheel percentage that any individual non- evaluate the effectiveness of the Model Participants on every revolution of the Wheel agency trade effected by a Wheel and to determine whether the Model is Wheel. If a Participation Unit is defined Participant would exceed in size 5% of assigning contracts on the Wheel in as five contracts then there will be 500 the Period total, then the number of proportion to a Wheel Participant’s in- AUTO–X contracts assigned to the Eligible Contracts attributable to such person, non-Wheel agency contracts Wheel Participants on every revolution trade shall be counted, for purposes of traded during the Review Period. This of the Wheel. calculating the Ratio, as the number of provision would also enable the Options Each Wheel Participant for a given contracts equal to 5% of the Period Committee to effect changes as needed option, regardless of whether such Total. The purpose of this provision is in the Model that would further its Wheel Participant executed any agency to avoid the circumstance in which a stated purpose. trades in Eligible Contracts during the Wheel Participant could obtain an It is the Exchange’s intent to immediately prior Review Period, is unfair advantage in Participation Units implement the Model at or around the entitled to be assigned at least one over other regular Wheel Participants as same time as two other proposals, Participation Unit on every revolution a result of a single trade during the specifically proposing (i) ROT access to of the Wheel. Generally, the Wheel will Review Period for an extraordinarily the limit order book through electronic consist of the number of Participation large size. The Exchange believes that interface with AUTOM; and (ii) broker- Units replicating the cumulative this limitation on the number of dealer access to AUTOM.17 percentage of all Wheel Participants contracts in any single transaction 2. Statutory Basis signed onto the system who have been counted towards the Period Total, awarded Participation Units based on combined with the weighted calculation The Exchange believes that the agency trades in Eligible Contracts of total number of trades in Eligible implementation of the pilot program for during the immediately prior Review Options during the Review Period, the Model will result in AUTO-X Period, plus one Participation Unit for enhances incentives for specialists and contra-party participation that will each Wheel Participant that has not ROTs to quote competitively by essentially approximate a Wheel been awarded a specific number of rewarding them not only for the number Participant’s percentage of in-person, 15 Participation Units. of Eligible Contracts traded the review non-Wheel agency contracts executed, A‘‘Wedge’’ is the maximum number Period, but also by taking into account and number of trades effected, in of Participation Units that a Wheel the number of trades effected in Eligible options in which such Wheel Participant may be consecutively Options during the Review Period. participant is assigned. The Exchange assigned at any one time on the Wheel. b. Specialist Election. The proposed further believes that such The purpose of the Wedge is to break up rule provides that the decision to implementation will result in a higher the distribution of contracts into smaller participate in the Model pilot (as Wheel Participation for those specialists groupings to reduce the exposure of any opposed to the Wheel allocation set and ROTs who are most active in one Wheel Participant to market risk. If forth in Section (e)(i) of the current providing the services that specialists the size of the Wedge is smaller than the OFPA) shall be made by the specialist and ROTs are expected to perform, i.e., number of Participation Units to which on an issue-by-issue basis.16 However, consistently providing liquidity in a particular Wheel Participant is once the specialist determines to agency trades in the options in which entitled, then that Wheel Participant participate in the Model pilot, such such specialists and ROTs are assigned. For these reasons, the Exchange participation shall be effective until the 15 In the event that a new Wheel Participant signs believes that the proposed rule change end of the Options Committee’s periodic onto the Wheel and is assigned one Participation is consistent with Section 6(b) of the review described in Section (f) of the Unit (representing 1% of the Wheel), the remaining Act 18 in general, and furthers the 99 Participation Units would be allocated among all proposed rule, unless the Options 19 Wheel Participants that had attained Participation Committee determines to permit the objectives of Section 6(b)(5) in Units during the previous Review Period on a pro- particular, in that it is designed to rata basis according to their percentage of specialist, on an issue-by-issue basis, to opt out of the pilot program. perfect the mechanism of a free and Participation Units attained. In the event that two open market and a national market new Wheel Participants sign onto the Wheel and c. Options Committee Review. The each is assigned one Participation Unit proposed rule would require the 17 (representing a total of 2% of the Wheel), the Options Committee to review and The Exchange represents that the proposal remaining 98 Participation Units would be regarding broker-dealer access to AUTOM was filed allocated among all Wheel Participants that had evaluate the Model as needed, but not as SR–Phlx–2001–40 on May 2, 2001 and is attained Participation Units during the previous less frequently than on a six-month pending with the Commission. The Exchange also Review Period in the same fashion, etc. basis, to determine the effectiveness of represents that the proposal regarding ROT access In the event that a Wheel Participant that has the program to achieve its stated to the limit order book has not yet been filed with attained Participation Units during the previous the Commission. The Exchange will notify all Review Period is not signed-on to the Wheel during purpose as well as to resolve specific members on the Options Floor when it has a portion of the Trading Period, the Wheel will completed the development of the systems consist of the number of Participation Units 16 The Exchange has represented that it will necessary to implement these changes, and/or remaining while such Wheel Participant is not amend the proposal to clarify that the decision by deployed such systems on the Options Floor. This signed-on to the Wheel. For example, if a Wheel the specialist to participate in the Model pilot is provision is included in the proposed rule change Participant attains 7 Participation Units during the subject to the approval of the Options Committee. because, in the event that the Commission approves previous Review Period and is not signed-on during Telephone conversation between Richard S. this proposal, the Exchange’s ability to deploy such a portion of the Trading Period, the Wheel will Rudolph, Counsel, Phlx, and Gordon Fuller, systems may not coincide with the effective date of consist of 93 Participation Units. In this case, a full Counsel to the Assistant Director, Division of the rule. revolution of the Wheel would occur every 93 Market Regulation, Commission (September 21, 18 15 U.S.C. 78f(b). contracts. 2001). 19 15 U.S.C. 78f(b)(5).
VerDate 11
system, protect investors and the public available for inspection and copying at The number assigned to this disaster interest and promote just and equitable the principal office of the Exchange. for physical damage is 336604. For principles of trade by enhancing All submissions should refer to File economic injury the number is 9M8300 incentives for Exchange specialists and No. SR–Phlx–2001–30 and should be for Virginia; 9M8400 for the District of ROTs to quote competitively by submitted by October 19, 2001. Columbia; and 9M8500 for Maryland. assigning AUTO-X contra-side For the Commission, by the Division of (Catalog of Federal Domestic Assistance participation in proportion to their in- Market Regulation, pursuant to delegated Program Nos. 59002 and 59008) 20 person, non-Wheel agency contracts authority. Dated: September 24, 2001. traded and number of trades effected. Margaret H. McFarland, Herbert L. Mitchell, Deputy Secretary. B. Self-Regulatory Organization’s Associate Administrator For Disaster Statement on Burden on Competition [FR Doc. 01–24280 Filed 9–27–01; 8:45 am] Assistance. BILLING CODE 8010–01–M [FR Doc. 01–24402 Filed 9–27–01; 8:45 am] The Exchange does not believe that the proposed rule change will impose BILLING CODE 8025–01–P any inappropriate burden on SMALL BUSINESS ADMINISTRATION competition. [Declaration of Disaster #3366] DEPARTMENT OF STATE C. Self-Regulatory Organization’s Statement on Comments on the Commonwealth of Virginia [Public Notice 3790 TE] Proposed Rule Change Received From Members Participants or Others As a result of the President’s major Culturally Significant Objects Imported disaster declaration on September 21, for Exhibition Determinations: Written comments were neither 2001, I find that Arlington County in the ‘‘Splendid Isolation: The Art of Easter solicited nor received. Commonwealth of Virginia constitutes a Island’’ III. Date of Effectiveness of the disaster area due to damages caused by DEPARTMENT: Proposed Rule Change and Timing for explosions and fires occurring on United States Department Commission Action September 11, 2001. Applications for of State. loans for physical damage as a result of ACTION: Notice. Within 35 days of the date of this disaster may be filed until the close publication of this notice in the Federal of business on November 21, 2001 and SUMMARY: Notice is hereby given of the Register or within such longer period (i) for economic injury until the close of following determinations: Pursuant to as the Commission may designate up to business on June 21, 2002 at the address the authority vested in me by the Act of 90 days of such date if it finds such listed below or other locally announced October 19, 1965 (79 Stat. 985, 22 U.S.C. longer period to be appropriate and locations: U.S. Small Business 2459), the Foreign Affairs Reform and publishes its reasons for so finding or Administration, Disaster Area 1 Office, Restructuring Act of 1998 (112 Stat. (ii) as to which the self-regulatory 360 Rainbow Blvd., South 3rd Fl., 2681 et seq.), Delegation of Authority organization consents, the Commission Niagara Falls, NY 14303–1192. No. 234 of October 1, 1999 (64 FR will: In addition, applications for economic 56014), Delegation of Authority No. 236 A. By order approve the proposed rule injury loans from small businesses of October 19, 1999 (64 FR 57920), as change, or located in the following contiguous amended by Delegation of Authority No. B. Institute proceedings to determine counties may be filed until the specified 236–3 of August 28, 2000 (65 FR 53795), whether the proposed rule change date at the above location: Fairfax and Delegation of Authority dated June should be disapproved. County and the Independent City of 29, 2001, I hereby determine that the Alexandria in the Commonwealth of objects to be included in the exhibit, IV. Solicitation of Comments Virginia; the District of Columbia; and ‘‘Splendid Isolation: The Art of Easter Interested persons are invited to Montgomery County in the State of Island,’’ imported from abroad for the submit written data, views, and Maryland. temporary exhibition without profit arguments concerning the foregoing, The interest rates are: within the United States, are of cultural including whether the proposed rule significance. These objects are imported change, as amended, is consistent with Percent pursuant to a loan agreement with a foreign lender. I also determine that the the Act. Persons making written For Physical Damage: submissions should file six copies Homeowners With Credit temporary exhibition or display of the thereof with the Secretary, Securities Available Elsewhere ...... 6.750 exhibit objects at the Metropolitan and Exchange Commission, 450 Fifth Homeowners Without Credit Museum of Art, New York, New York, Street, NW., Washington, DC 20549– Available Elsewhere ...... 3.375 from on or about December 12, 2001, to 0609. Copies of the submission, all Businesses With Credit Avail- on or about August 4, 2002, and other subsequent amendments, all written able Elsewhere ...... 8.000 possible venues yet to be determined, is Businesses and Non-Profit statements with respect to the proposed in the national interest. Public Notice of Organizations Without these determinations is ordered to be rule change that are filed with the Credit Available Elsewhere 4.000 Commission, and all written Others (Including Non-Profit published in the Federal Register communications relating to the Organizations) With Credit FOR FURTHER INFORMATION CONTACT: For proposed rule change between the Available Elsewhere ...... 7.125 further information, including a list of Commission and any person, other than For Economic Injury: exhibit objects, contact Paul W. those that may be withheld from the Businesses and Small Agri- Manning, Attorney-Adviser, Office of public in accordance with the cultural Cooperatives With- the Legal Adviser, 202/619–5997, and out Credit Available Else- provisions of 5 U.S.C. 552, will be where ...... 4.000 the address is United States Department available for inspection and copying at of State, SA–44, Room 700, 301 4th the Commission’s Public Reference Street, SW., Washington, DC 20547– room. Copies of such filing will also be 20 17 CFR 200.30–3(a)(12) 0001.
VerDate 11
Dated: September 24, 2001. consumers at rates which are as low as States Trade Representative, (202) 395– Helena Kane Finn, feasible. 6120. Acting Assistant Secretary for Educational Jacklyn J. Stephenson, Robert B. Zoellick, and Cultural Affairs, United States Department of State. Senior Manager, Enterprise Operations United States Trade Representative. Information Services. [FR Doc. 01–24393 Filed 9–27–01; 8:45 am] [FR Doc. 01–24334 Filed 9–27–01; 8:45 am] [FR Doc. 01–24288 Filed 9–27–01; 8:45 am] BILLING CODE 4710–08–P BILLING CODE 3190–01–M BILLING CODE 8120–08–P
OFFICE OF THE UNITED STATES TENNESSEE VALLEY AUTHORITY TRADE REPRESENTATIVE OFFICE OF THE UNITED STATES Paperwork Reduction Act of 1995, as TRADE REPRESENTATIVE Notice of Meeting of the President’s Amended by Pub. L. 104–13; Advisory Committee on Trade Policy Submission for Office of Management Notice of Meeting of the Trade and and Negotiations (ACTPN) and Budget (OMB) Review; Comment Environment Policy Advisory AGENCY: Office of the United States Request Committee (TEPAC) Trade Representative. AGENCY: AGENCY: Tennessee Valley Authority. Office of the United States Trade Representative. ACTION: Notice that the October 31, ACTION: Submission for Office of 2001, meeting of the President’s Management and Budget (OMB) Review; ACTION: Notice that the October 11, Advisory Committee on Trade Policy comment request. 2001, meeting of the Trade and and Negotiations will be held from 1:30 Environment Policy Advisory p.m. to 4 p.m. The meeting will be SUMMARY: The proposed information Committee will be held from 8 a.m. to closed to the public from 1:30 p.m. to collection described below will be 10:30 a.m. the Meeting will be closed to 3:30 p.m. and open to the public from submitted to the Office of Management the public from 8 a.m. to 10 a.m. and 3:30 p.m. to 4 p.m. and Budget (OMB) for review, as open to the public from 10 a.m. to 10:30 required by the Paperwork Reduction a.m. SUMMARY: The President’s Advisory Act of 1995 (44 U.S.C. Chapter 35, as Committee on Trade Policy and SUMMARY: The Trade and Environment amended). The Tennessee Valley Negotiations will hold a meeting on Policy Advisory Committee will hold a Authority is soliciting public comments October 31, 2001, from 1:30 p.m. to 4 meeting on October 11, 2001, from 8 on this proposed collection as provided p.m. The meeting will be opened to the a.m. to 10:30 a.m. The meeting will be by 5 CFR 1320.8(d)(1). Requests for public from 3:30 p.m. to 4 p.m. The closed to the public from 8 a.m. to 10 information, including copies of the meeting will include a review and a.m. The meeting will include a review information collection proposed and discussion of current issues which and discussion of current issues which supporting documentation, should be influence U.S. trade policy. Pursuant to influence U.S. trade policy. Pursuant to directed to the Agency Clearance section 2155(f)(2) of Title 19 of the section 2155(f)(2) of Title 19 of the Officer: Wilma H. McCauley, Tennessee United States Code, I have determined United States Code, I have determined Valley Authority, 1101 Market Street that this meeting will be concerned with that this meeting will be concerned with (EB 5B), Chattanooga, Tennessee 37402– matters the disclosure of which would matters the disclosure of which would 2801; (423) 751–2523. seriously compromise the development seriously compromise the development Comments should be sent to OMB by the United States Government of by the United States Government of Office of Information and Regulatory trade policy, priorities, negotiating trade policy, priorities, negotiating Affairs, Attention: Desk Officer for objectives or bargaining positions with objectives or bargaining positions with Tennessee Valley Authority no later respect to the operation of any trade respect to the operation of any trade than (October 29, 2001). agreement and other matters arising in agreement and other matters arising in connection with the development, SPPLEMENTARY INFORMATION: connection with the development, implementation and administration of Type of Request: Regular submission. implementation and administration of the trade policy of the United States. Title of Information Collection: Power the trade policy of the United States. The meeting will be open to the public Distributors Monthly and Annual The meting will be open to the public and press from 3:30 p.m. to 4 p.m., Reports to TVA. and press from 10 a.m. to 10:30 a.m., when trade policy issues will be Type of Affected Public: Business or when trade policy issues will be discussed. Attendance during this part local government. discussed. Attendance during this part of the meeting is for observation only. Small Businesses or Organizations of the meting is for observation only. Individuals who are not members of the Affected: Yes. Individuals who are not members of the committee will not be invited to Federal Budget Functional Category committee will not be invited to comment. Code: 271. comment. Estimated Number of Annual DATES: The meeting is scheduled for DATES: The meeting is scheduled for Responses: 2,054. October 11, 2001, unless otherwise October 31, 2001, unless otehrwise Estimated Total Annual Burden notified. notified. Hours: 3,792 Estimated Average Burden Hours Per ADDRESSES: The meeting will be held at ADDRESSES: The meeting will be held at Response: 18. the USTR ANNEX Building in the USTR ANNEX Building in Need For and Use of Information: Conference Rooms 1 and 2, located at Conference Room 1 and 2, located at This information collection supplies 1724 F Street, NW., Washington, DC, 1724 F Street, NW., Washington, DC TVA with financial and accounting unless otherwise notified. unless otherwise notified. information to help ensure that electric FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: power produced by TVA is sold to Elizabeth A. Ginini, Office of the United Elizabeth A. Gianini, Office of the
VerDate 11
United States Trade Representative, Chairperson, members of the public may FOR FURTHER INFORMATION CONTACT: (202) 395–6120. present oral statements at the meeting. Richard A. Belmonte, Manager, Raleigh- Persons desiring to attend and persons Durham Airport Traffic Control Tower, Robert B. Zoellick, desiring to present oral statements Raleigh-Durham International Airport, United States Trade Representative. should notify the person listed above 1000 Sawyer Circle, Raleigh, NC 27623; [FR Doc. 01–24333 Filed 9–27–01; 8:45 am] not later than October 1, 2001. The next telephone (919) 840–5502. BILLING CODE 3190–01–M quarterly meeting of the FAA ATPAC is SUPPLEMENTARY INFORMATION: planned to be held from October 10–12, Meeting Procedures 2001, in Washington, DC. DEPARTMENT OF TRANSPORTATION Any member of the public may (a) These meetings will be informal in present a written statement to the nature and will be conducted by one or Federal Aviation Administration Committee at any time at the address more representatives of the FAA given above. Southern Region. A representative from Air Traffic Procedures Advisory the FAA will present a formal briefing Committee Issued in Washington, DC, on September 18, 2001. on the proposed Class B airspace area. Each participant will be given an AGENCY: Federal Aviation David W. Madison, Administration (FAA), DOT. opportunity to deliver comments or Executive Director, Air Traffic Procedures make a presentation at the meetings. SUMMARY: The FAa is issuing this notice Advisory Committee. to advise the public that a meeting of Only comments concerning the proposal [FR Doc. 01–23778 Filed 9–27–01; 8:45 am] the Federal Aviation Administration Air to establish a Class B airspace area will Traffic Procedures Advisory Committee BILLING CODE 4910–13–M be accepted. (ATPAC) will be held to review present (b) These meetings will be open to all persons on a space-available basis. air traffic control procedures and DEPARTMENT OF TRANSPORTATION practices for standardization, There will be no admission fee or other charge to attend and participate. clarification, and upgrading of Federal Aviation Administration terminology and procedures. (c) Any person wishing to make a presentation to the FAA panel will be DATES: Planned Establishment of the Raleigh- The meeting will be held from asked to sign in and estimate the October 10–12, 2001, from 8 a.m. to 4 Durham International Airport Class B Airspace Area, NC; and Revocation of amount of time needed for such p.m. each day. presentation. This will permit the panel ADDRESSES: The meeting will be held at the Raleigh-Durham International Airport Class C Airspace Area, NC to allocate an appropriate amount of the Department of Transportation, time for each presenter. NASSIF Building, 400 7th Street, SW., AGENCY: Federal Aviation (d) These meetings will not be Washington, DC 20590. Administration (FAA), DOT. adjourned until everyone on the list has FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice of public meetings. had an opportunity to address the panel. Eric Harrell, Executive Director, (e) Position papers or other handout ATPAC, Terminal and En Route SUMMARY: This notice announces two material relating to the substance of Procedures Division, 800 Independence fact-finding informal airspace meetings these meetings will be accepted. Avenue, SW., Washington, DC 20591, to solicit information from airspace Participants wishing to submit handout telephone (202) 267–3725. users, and others, concerning a plan to material should present three copies to SUPPLEMENTARY INFORMATION: Pursuant establish a Class B airspace area at the the presiding officer. There should be to Section 10(a)(2) of the Federal Raleigh-Durham International Airport, additional copies of each handout Advisory Committee Act (Pub. L. 92– NC. The purpose of these meetings is to available for other attendees. 463; 5 U.S.C. App. 2), notice is hereby provide interested parties an (f) These meetings will not be given of a meeting of the ATPAC to be opportunity to present views, formally recorded. held October 10 through October 12, recommendations, and comments on the Agenda for the Meetings 2001, at the Department of plan to establish the Raleigh-Durham, —Presentation of Meeting Procedures. Transportation, NASSIF Building, 400 NC, Class B airspace area. All comments —Presentation on the planned Class B 7th Street, SW., Washington, DC 20590. received during these meetings will be airspace area at Raleight-Durham, NC. The agenda for this meeting will considered prior to any revision or —Public Presentations and Discussions. cover: a continuation of the Committee’s issuance of a notice of proposed —Closing Comments. review of present air traffic control rulemaking. procedures and practices for Issued in Washington, DC, on September TIMES AND DATES: Meetings. These 24, 2001. standardization, clarification, and informal airspace meetings will be held Reginald C. Matthews, upgrading of terminology and on Tuesday, December 4, 2001, at 7 Manager, Airspace and Rules Division. procedures. It will also include: p.m.; and Wednesday, December 5, 1. Approval of Minutes. [FR Doc. 01–24428 Filed 9–27–01; 8:45 am] 2001, at 7 p.m. Comments must be 2. Submission and Discussion of BILLING CODE 4910–13–P received on or before January 4, 2002. Areas of Concern. 3. Discussion of Potential Safety ADDRESSES: Both meetings will be held Items. at the Raleigh-Durham Airport DEPARTMENT OF TRANSPORTATION 4. Report from Executive Director. Authority, Room 100, 1000 Trade Drive, 5. Items of Interest. at the Raleigh-Durham International Federal Highway Administration Airport, NC. 6. Discussion and agreement of Supplemental Environmental Impact location and dates for subsequent Comments: Send comments on the Statement: City of Charlottesville and meetings. proposal in triplicate to: Manager, Air Albemarle County, Virginia Attendance is open to the interested Traffic Division, ASO–500, Federal public but limited to the space Aviation Administration, P.O. Box AGENCY: Federal Highway available. With the approval of the 20636, Atlanta, GA 30320. Administration, DOT.
VerDate 11
ACTION: Notice of Intent. to the South Fork Rivanna River and Construction. The regulations Reservoir and archeological resources implementing Executive Order 12372 SUMMARY: The Federal Highway which had not been previously regarding intergovernmental consultation on Administration (FHWA) is issuing this considered. On the other eight counts Federal programs and activities apply to this proposed action.) notice to advise the public of its intent raised by the plaintiffs, the judge to prepare a supplemental granted the defendants’ motion for Authority: 23 U.S.C. 315; 49 CFR 1.48. Environmental Impact Statement (EIS) summary judgment concluding that Issued on: September 14, 2001. in cooperation with the Virginia FHWA adequately considered the issues Edward S. Sundra, Department of Transportation (VDOT) to raised by the plaintiffs in the NEPA Senior Environmental Specialist. more thoroughly examine the impacts process and were not arbitrary and [FR Doc. 01–24287 Filed 9–27–01; 8:45 am] associated with the selected bypass capricious in rendering its decision. BILLING CODE 4910–22–M alternative (Alternative 10) from the Therefore, this supplemental EIS will be Route 29 Corridor Study final EIS and of limited scope with the purpose of the subsequent changes to the termini determining whether the FHWA DEPARTMENT OF TRANSPORTATION on the South Fork Rivanna River decision for the selected alternative Reservoir and archeological resources represented by the revised ROD dated Federal Highway Administration not previously accounted for. March 13, 2001, remains reasonable FOR FURTHER INFORMATION CONTACT: once the impacts of the bypass on the Environmental Assessment or Edward Sundra, Senior Environmental South Fork Rivanna River Reservoir and Environmental Impact Statement: Specialist, Federal Highway archeological resources not currently Summit County, OH Administration, Post Office Box 10249, accounted for are thoroughly examined AGENCY: Federal Highway Richmond, Virginia 23240–0249, and considered. Administration (FHWA), DOT. Telephone 804–775–3338. In accordance with 40 CFR ACTION: Notice of intent. SUPPLEMENTARY INFORMATION: In the late- 1502.9(c)(4), scoping will not be 1980s, an EIS was initiated to address reinitiated for the project. To support SUMMARY: The FHWA is issuing this congestion on Route 29 through the City the development of the supplemental notice to advise the public that an of Charlottesville and Albemarle County EIS, local officials and State and Federal environmental assessment or in central Virginia. In 1993, a Record of agencies will be coordinated with as environmental impact statement will be Decision (ROD) was issued by FHWA necessary, given the limited scope of the prepared for a proposed project in which identified a series of supplemental EIS. Letters describing the Summit County, Ohio. improvements to address the project’s proposed study and soliciting input will FOR FURTHER INFORMATION CONTACT: purpose and need. This series of be sent to the appropriate agencies Michael B. Armstrong, Urban Programs improvements included a bypass which are known to have an interest or Engineer, Federal Highway alternative known as Alternative 10 legal role in the project. Once Administration, 200 N. High Street, located west of existing Route 29. completed, copies of the supplemental Room 328, Columbus, Ohio 43215, Shortly after issuing the ROD, changes EIS will be sent to all recipients of the Telephone: (614) 280–6855. final EIS for the Route 29 Corridor were requested by the localities to the SUPPLEMENTARY INFORMATION: The termini of the bypass. To address these Study. A public hearing is planned FHWA, in cooperation with the Ohio changes, an Environmental Assessment where the draft supplemental EIS will Department of Transportation (ODOT), was prepared which concluded that a be made available to the public for will prepare an environmental supplemental EIS was not required. In review and comment prior to and after assessment (EA) or environmental 1996, a Reevaluation was initiated to the hearing. Notices of the public impact statement (EIS) on a proposal to address design changes to the bypass hearing will be given through various upgrade 5.2 miles of SR 8 between SR recommended by a local design forums, including the newspaper, 303 and I–271 in Summit County, Ohio. advisory committee as well as other providing the time and place of the Upgrading SR 8 is considered issues that arose since the EA. In 1998, meeting along with other relevant necessary to improve the traffic flow litigation was brought against the information. Any comments that are and to meet current design standards. project by the Southern Environmental received during the public comment The proposal will reduce the existing Law Center on behalf of the Piedmont period that address the issues for which vehicular traffic congestion along SR8. Environmental Council and Sierra Club the supplemental EIS is being prepared Alternatives under consideration alleging violations of the National will be considered before FHWA include: (1) Taking no action; (2) Environmental Policy Act and section renders its decision regarding the upgrading the existing 4-lane controlled 4(f) of the U.S. Department of existing selected alternative. Any access facility to a 4-lane limited access Transportation Act of 1966. On March comments that are received which facility; (3) constructing a highway on 13, 2000, FHWA completed its address issues which the Court has new alignment; and (4) upgrading the Reevaluation and issued a revised ROD already determined have been existing 4-lane controlled access facility documenting the changes to the selected adequately addressed will be reviewed to a 6-lane controlled access facility. alternative and the mitigation for the but not considered unless they raise Letters describing the proposed action bypass. In August of 2001, a judge for significant new information. and soliciting comments will be sent to the United States District Court in the Comments and questions concerning appropriate Federal, State and, local City of Charlottesville rendered his the development of the supplemental agencies, and to private organizations decision on the litigation granting the EIS and its scope should be directed to and citizens who have previously plaintiffs motion for summary judgment FHWA at the address provided above. expressed or are known to have interest in part. As a result, the Court enjoined Preparation of this supplemental EIS in this proposal. A public hearing was further action on the project until a does not require the withdrawal of any previously held for the project on May supplemental EIS was completed which previous approvals or documents. 24, 2000. In Spring of 2002, an addressed the issues enumerated in the (Catalog of Federal Domestic Assistance additional public hearing will be held in judge’s memorandum opinion—impacts Program Number 20.205, Highway Planning the project area. Public notice will be
VerDate 11
given of the time and place of the public ITS AMERICA provides a forum for acquired by Monroe County Railroad hearing. The draft EA or draft EIS will national discussion and Authority (MCRA) pursuant to a be available for public and agency recommendations on ITS activities sublease. The line, which has been review and comment prior to the public including programs, research needs, operated by Norfolk Southern Railway hearing. No formal scoping meeting is strategic planning, standards, Company (NSR), consists of that portion planned at this time. international liaison, and priorities. of the Stroudsburg Secondary Track To ensure that the full range of issues The charter for the utilization of ITS extending between milepost 2.0, related to this proposed action are AMERICA establishes this organization approximately old milepost 74.4 (Slate), addressed and all significant issues as an advisory committee under the and milepost 12.2, approximately old identified, comments and suggestions Federal Advisory Committee Act milepost 84.6 (Gravel), in Monroe and are invited from all interested parties. (FACA) 5 U.S.C. app. 2, when it Northampton Counties, PA.1 Comments or questions concerning this provides advice or recommendations to proposed action and the EA or EIS DOT officials on ITS policies and This transaction is related to STB should be directed to the FHWA at the programs. (56 FR 9400, March 6, 1991). Finance Docket No. 34092, Monroe address provided above. DATES: The Coordinating Council of ITS County Railroad Authority—Lease (Catalog of the Federal Domestic Assistance AMERICA will meet on Wednesday, Exemption—Norfolk Southern Railway Program Number 20.205, Highway Planning October 24, 2001 from 8:30 a.m.–10 a.m. Company and Pennsylvania Lines LLC, and Construction. The regulations Room TBA. Note: There is a wherein MCRA seeks to sublease the implementing Executive Order 12372 Coordinating Council Workshop on line involved here. regarding intergovernmental consultation on Tuesday, October 23, 2001 from 12:30 The transaction was scheduled to be Federal programs and activities apply to this p.m.—6:30 p.m. The Council mission program.) consummated on or about September and objectives will be discussed. The 14, 2001. The earliest the transaction Issued on: September 20, 2001. recommended actions will be reported could have been consummated was on Michael B. Armstrong, out on Wednesday, October 24, 2001, September 14, 2001, the effective date of Urban Programs Engineer, Federal Highway from 10:15 a.m.–12 p.m. the exemption (7 days after the Administration, Columbus, Ohio. ADDRESSES: Bourbon Orleans—A exemption was filed). [FR Doc. 01–24284 Filed 9–27–01; 8:45 am] Wyndham Historic Hotel, 717 Orleans If the notice contains false or BILLING CODE 4910–22–P Street, New Orleans, Louisiana, 70116 Phone: (504) 523–2222. misleading information, the exemption is void ab initio. Petitions to revoke the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION exemption under 49 U.S.C. 10502(d) Materials associated with this meeting may be filed at any time. The filing of Federal Highway Administration may be examined at the offices of ITS AMERICA, 400 Virginia Avenue SW., a petition to revoke does not Intelligent Transportation Society of Suite 800, Washington, DC 20024. automatically stay the transaction. America; Public Meeting Persons needing further information or An original and 10 copies of all who request to speak at this meeting pleadings, referring to STB Finance AGENCY: Federal Highway should contact Debbie M. Busch at ITS Docket No. 34091, must be filed with Administration (FHWA), DOT. AMERICA by telephone at (202) 484– the Surface Transportation Board, Office ACTION: Notice of public meeting. 2904 or by FAX at (202) 484–3483. The of the Secretary, Case Control Unit, 1925 SUMMARY: The Intelligent Transportation DOT contact is Kristy Frizzell, FHWA, K Street, NW., Washington, DC 20423– Society of America (ITS AMERICA) will HOIT, Washington, DC 20590, (202) 0001. In addition, a copy of each hold a meeting of its Coordinating 366–9536. Office hours are from 8:30 pleading must be served on Keith G. Council on Wednesday, October 24, a.m. to 5 p.m., e.t., Monday through O’Brien, Esq., REA, CROSS & 2001. The meeting begins at 8:30 a.m. Friday, except for legal holidays. AUCHINCLOSS, 1707 L Street, NW., with a Breakfast Business Meeting (#41). (23 U.S.C. 315; 49 CFR 1.48) Suite 570, Washington, DC 20036.
Note: There is a Coordinating Council Issued on: September 24, 2001. Board decisions and notices are Workshop on Tuesday, October 23, 2001 Jeffrey Paniati, available on our website at from 12:30 p.m.–6:30 p.m. The Council www.stb.dot.gov. mission and objectives will be discussed. The Program Manager, ITS Joint Program Office, recommended actions will be reported out on U.S. Department of Transportation. Decided: September 24, 2001. Wednesday, October 24, 2001, from 10:15 [FR Doc. 01–24422 Filed 9–27–01; 8:45 am] By the Board, David M. Konschnik, a.m.–12 p.m. BILLING CODE 4910–22–P Director, Office of Proceedings. The letter designations that follow Vernon A. Williams, each item mean the following: (I) is an DEPARTMENT OF TRANSPORTATION Secretary. information item; (A) is an action item; [FR Doc. 01–24396 Filed 9–27–01; 8:45 am] (D) is a discussion item. The General Surface Transportation Board BILLING CODE 4915–01–P Session includes the following items: (1) Housekeeping Items: Welcome, [STB Finance Docket No. 34091] Introductions, Antitrust statement, Delaware-Lackawanna Railroad Co., previous minutes, etc. (I); (2) US DOT Inc.—Operation Exemption—Monroe Federal Report (I/D); (3) President’s County Railroad Authority Report (I/D); (4) Advanced Construction Management Systems Task Force (D/A); Delaware-Lackawanna Railroad Co., (5) Committee Reports/Updates/Issues Inc. (D–L), a Class III rail carrier, has (TBD); (6) Closing Housekeeping (Next filed a verified notice of exemption meeting dates/locations; (7) under 49 CFR 1150.41 to operate over 1 D–L’s operation of the line is subject to the Adjournment. approximately 10 miles of rail line to be NSR’s retention of overhead trackage rights.
VerDate 11
DEPARTMENT OF TRANSPORTATION By the Board, David M. Konschnik, effective on October 30, 2001, unless Director, Office of Proceedings. stayed pending reconsideration. Surface Transportation Board Vernon A. Williams, Petitions to stay that do not involve 1 [STB Finance Docket No. 34092] Secretary. environmental issues, formal [FR Doc. 01–24397 Filed 9–27–01; 8:45 am] expressions of intent to file an OFA 2 Monroe County Railroad Authority— BILLING CODE 4915–00–P under 49 CFR 1152.27(c)(2), and trail Lease Exemption—Norfolk Southern use/rail banking requests under 49 CFR Railway Company and Pennsylvania 1152.29 must be filed by October 9, Lines LLC DEPARTMENT OF TRANSPORTATION 2001. Petitions to reopen or requests for public use conditions under 49 CFR Monroe County Railroad Authority Surface Transportation Board 1152.28 must be filed by October 18, (MCRA), a political subdivision and [STB Docket No. AB–565 (Sub–No. 4X), STB 2001, with: Surface Transportation nonoperating Class III rail common Docket No. AB–55 (Sub–No. 597X)] Board, Office of the Secretary, Case carrier, has filed a notice of exemption Control Unit, 1925 K Street, NW., under 49 CFR 1150.41 to sublease New York Central Lines, LLC— Washington, DC 20423. approximately 10 miles of rail line Abandonment Exemption—in A copy of any petition filed with the currently owned by Pennsylvania Lines Vermillion and Warren Counties, IN, Board should be sent to applicants’ LLC (PRR) and currently operated by CSX Transportation, Inc.— representative: Paul R. Hitchcock, Norfolk Southern Railway Company Discontinuance of Service Assistant General Counsel, CSX (NSR).1 The line consists of that portion Exemption—in Vermillion and Warren Transportation, Inc., 500 Water Street of the Stroudsburg Secondary Track Counties, IN J150, Jacksonville, FL 32202. extending between milepost 2.0, If the verified notice contains false or New York Central Lines, LLC (NYC) approximately old milepost 74.4 (Slate), misleading information, the exemption and CSX Transportation, Inc. (CSXT) and milepost 12.2, approximately old is void ab initio. milepost 84.6 (Gravel), in Monroe and have filed a notice of exemption under NYC and CSXT have filed an Northampton Counties, PA.2 49 CFR 1152 Subpart F—Exempt environmental report which addresses This transaction is related to STB Abandonments and Discontinuances of the effects, if any, of the abandonment Finance Docket No. 34091, Delaware- Service for NYC to abandon and CSXT and discontinuance on the environment Lackawanna Railroad Co., Inc.— to discontinue service over and historic resources. SEA will issue Operation Exemption—Monroe County approximately 6.12 miles of railroad an environmental assessment (EA) by Railroad Authority, wherein Delaware- between milepost QSO–15.18 near the October 5, 2001. Interested persons may Lackawanna Railroad Co., Inc. has Illinois/Indiana State line and milepost obtain a copy of the EA by writing to concurrently filed a notice of exemption QSO–11.30 near Olin, in Vermillion and SEA (Room 500, Surface Transportation under 49 CFR 1150.41 to operate over Warren Counties, IN. The line traverses Board, Washington, DC 20423) or by the rail line involved here. United States Postal Service Zip Code calling SEA, at (202) 565–1545. The transaction was scheduled to be 47932. Comments on environmental and NYC and CSXT have certified that: (1) consummated on or about September historic preservation matters must be No local traffic has moved over the line 14, 2001. The earliest the transaction filed within 15 days after the EA for at least 2 years; (2) there is no could have been consummated was on becomes available to the public. September 14, 2001, the effective date of overhead traffic on the line; (3) no Environmental, historic preservation, the exemption (7 days after the formal complaint filed by a user of rail public use, or trail use/rail banking exemption was filed). service on the line (or by a state or local conditions will be imposed, where If the notice contains false or government entity acting on behalf of appropriate, in a subsequent decision. misleading information, the exemption such user) regarding cessation of service Pursuant to the provisions of 49 CFR is void ab initio. Petitions to revoke the over the line either is pending with the 1152.29(e)(2), NYC shall file a notice of exemption under 49 U.S.C. 10502(d) Surface Transportation Board (Board) or consummation with the Board to signify may be filed at any time. The filing of with any U.S. District Court or has been that it has exercised the authority a petition to revoke does not decided in favor of complainant within granted and fully abandoned the line. If automatically stay the transaction. the 2-year period; and (4) the consummation has not been effected by An original and 10 copies of all requirements at 49 CFR 1105.7 NYC’s filing of a notice of pleadings, referring to STB Finance (environmental reports), 49 CFR 1105.8 consummation by September 28, 2002, Docket No. 34092, must be filed with (historic reports), 49 CFR 1105.11 and there are no legal or regulatory the Surface Transportation Board, Office (transmittal letter), 49 CFR 1105.12 barriers to consummation, the authority of the Secretary, Case Control Unit, 1925 (newspaper publication), and 49 CFR to abandon will automatically expire. K Street, NW., Washington, DC 20423– 1152.50(d)(1) (notice to governmental Board decisions and notices are 0001. In addition, a copy of each agencies) have been met. available on our website at pleading must be served on Keith G. As a condition to these exemptions, www.stb.dot.gov. O’Brien, Esq., REA, CROSS & any employee adversely affected by the AUCHINCLOSS, 1707 L Street, NW., abandonment or discontinuance shall be 1 The Board will grant a stay if an informed Suite 570, Washington, DC 20036. protected under Oregon Short Line R. decision on environmental issues (whether raised Board decisions and notices are Co.—Abandonment—Goshen, 360 I.C.C. by a party or by the Board’s Section of 91 (1979). To address whether this Environmental Analysis (SEA) in its independent available on our website at investigation) cannot be made before the www.stb.dot.gov. condition adequately protects affected exemption’s effective date. See Exemption of Out- employees, a petition for partial of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Decided: September 24, 2001. revocation under 49 U.S.C. 10502(d) request for a stay should be filed as soon as possible must be filed. Provided no formal so that the Board may take appropriate action before 1 MCRA states that NSR will retain overhead the exemption’s effective date. trackage rights over the line. expression of intent to file an offer of 2 Each offer of financial assistance must be 2 MCRA anticipates that it will have a contingent financial assistance (OFA) has been accompanied by the filing fee, which currently is option to purchase the line. received, these exemptions will be set at $1000. See 49 CFR 1002.2(f)(25).
VerDate 11
Decided: September 19, 2001. DEPARTMENT OF THE TREASURY Requests to participate as a panelist: By the Board, David M. Konschnik, As discussed below, written requests to Director, Office of Proceedings. Office of the Comptroller of the participate as a panelist in the workshop Vernon A. Williams, Currency must be filed on or before October 15, Secretary. 2001. Persons filing requests to BOARD OF GOVERNORS OF THE participate as a panelist will be notified [FR Doc. 01–23963 Filed 9–27–01; 8:45 am] FEDERAL RESERVE SYSTEM on or before November 16, 2001, if they BILLING CODE 4915–00–P have been selected to participate. FEDERAL DEPOSIT INSURANCE Written comments: Whether or not CORPORATION selected to participate, persons may submit written comments on the DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Questions to be Addressed at the workshop. Such comments must be Office of the Secretary Office of Thrift Supervision filed on or before January 4, 2002. List of Countries Requiring ADDRESSES: Written comments and NATIONAL CREDIT UNION requests to participate as a panelist in Cooperation With an International ADMINISTRATION Boycott the workshop should be submitted to: Secretary, Federal Trade Commission, FEDERAL TRADE COMMISSION In order to comply with the mandate Room 159, 600 Pennsylvania Avenue, of section 999(a)(3) of the Internal N.W., Washington, DC 20580. COMMODITY FUTURES TRADING Alternatively, they may be emailed to Revenue Code of 1986, the Department COMMISSION of the Treasury is publishing a current [email protected]. list of countries which may require SECURITIES AND EXCHANGE FOR FURTHER INFORMATION CONTACT: participation in, or cooperation with, an COMMISSION Toby Milgrom Levin, Division of international boycott (within the Advertising Practices, 202–326–3224, or meaning of section 999(b)(3) of the Public Workshop on Financial Privacy Julie Brof, Division of Financial Internal Revenue Code of 1986). Notices Practices, 202–326–3224. Both of the above staff can be reached by mail at: On the basis of the best information AGENCIES: Office of the Comptroller of Federal Trade Commission, 600 currently available to the Department of the Currency (OCC); Board of Governors Pennsylvania Avenue, NW., the Treasury, the following countries of the Federal Reserve System (Board); Washington, DC 20580. may require participation in, or Federal Deposit Insurance Corporation Interested parties may also contact the cooperation with, an international (FDIC); Office of Thrift Supervision following staff at the Agencies: boycott (within the meaning of section (OTS); National Credit Union OCC: Amy Friend, Assistant Chief 999(b)(3) of the Internal Revenue Code Administration (NCUA); Federal Trade Counsel, 202–874–5200 of 1986). Commission (FTC); Commodity Futures Board: Ky Tran-Trong, Attorney, Division of Consumer and Community Bahrain Trading Commission (CFTC); and Securities and Exchange Commission Affairs, 202–452–3667 Iraq (SEC). FDIC: Stacy Messett, Review Examiner, Division of Compliance and Kuwait ACTION: Joint Notice Announcing Public Consumer Affairs, 202–942–3406 Workshop and Requesting Public Lebanon OTS: Cindy Baltierra, Program Comment. Libya Analyst, 202–906–6540 NCUA: Mary Rupp, Staff Attorney, Oman SUMMARY: The OCC, Board, FDIC, OTS, Office of General Counsel, 703–518– NCUA, FTC, CFTC, and SEC (‘‘the Qatar 6553 Agencies’’) are planning to host a joint Saudi Arabia CFTC: Nancy Yanofsky, Assistant public workshop to educate the Chief Counsel, Division of Economic Syria Agencies and the public about how Analysis, 202–418–5260 financial institutions can provide United Arab Emirates SEC: Penelope Saltzman, Senior consumers with effective notice of their Yemen, Republic of Counsel, Office of Regulatory Policy, privacy policies and practices as Division of Investment Management, Dated: September 21, 2001. required by Title V of the Gramm-Leach- 202–942–0690 Barbara Angus, Bliley Act, 15 U.S.C. 6801 et seq. (the SUPPLEMENTARY INFORMATION: International Tax Counsel (Tax Policy). ‘‘GLB Act’’ or ‘‘Act’’). [FR Doc. 01–24283 Filed 9–27–01; 8:45 am] DATES: The workshop will be held on Background and Workshop Goals BILLING CODE 4810–25–M Tuesday, December 4, 2001, from 9:00 The GLB Act (Pub. L. No. 106–102) a.m. to 5:00 p.m. at the Federal Trade was signed into law on November 12, Commission, 600 Pennsylvania Avenue, 1999. Subtitle A of Title V of the Act, NW., Washington, DC 20580. captioned ‘‘Disclosure of Nonpublic Pre-registration: The event is open to Personal Information,’’ limits the the public and there is no fee for instances in which a financial attendance. However, attendees are institution may disclose nonpublic strongly encouraged to pre-register, as personal information about a consumer seating will be limited. To pre-register, to nonaffiliated third parties, and please email your name and affiliation requires a financial institution to by November 16, 2001, to disclose to all of its customers the [email protected]. institution’s privacy policies and
VerDate 11
practices with respect to information Registration Information Comments should be captioned ‘‘GLB sharing with both affiliates and The workshop will be open to the Act Notice Workshop—Comment, 1 nonaffiliated third parties. With certain public and there is no fee for P014814,’’ and must be filed on or exceptions, the Act also prohibits a attendance. As discussed above, pre- before January 4, 2002. financial institution from disclosing registration is strongly encouraged, as Parties sending written comments nonpublic personal information about a seating will be limited. To pre-register, should submit an original and two consumer to nonaffiliated third parties please email your name and affiliation copies of each document. To enable if the consumer opts out of the to [email protected] by November prompt review and public access, paper disclosure. 16, 2001. A detailed agenda and submissions should include a version The Act directed each of the Agencies additional information on the workshop on diskette in PDF, ASCII, WordPerfect, to adopt regulations implementing these will be posted on the FTC’s website at or Microsoft Word format. Diskettes provisions.2 Compliance with those www.ftc.gov/glbworkshop before should be labeled with the name of the regulations was required not later than December 4th. After the workshop, a party, and the name and version of the July 1, 2001.3 Each Agency’s final rule transcript will be posted on the website. word processing program used to create requires that financial institutions the document. Alternatively, comments provide clear, conspicuous, and Questions To Be Addressed may be emailed to [email protected], accurate notice of their privacy policies The questions to be addressed at the and should include the same and practices to their customers. Each workshop include: information requested above. rule also specifies the general content 1. What challenges are associated Written comments will be available (but not the particular language) to be with providing effective privacy for public inspection in accordance with included in the notices and provides notices? the Freedom of Information Act, 5 sample clauses designed to illustrate the 2. What are some examples of privacy U.S.C. 552, and FTC regulations, 16 CFR appropriate level of detail. notices that are easy to read and part 4.9, Monday through Friday between the hours of 8:30 a.m. and 5 Some consumer and privacy understand and that can serve as models p.m. at the Public Reference Room 130, advocates and others have expressed for effective communication to Federal Trade Commission, 600 concerns about the adequacy of a consumers? What formats are Pennsylvania Avenue, NW., number of privacy notices provided particularly effective? Washington, DC 20580. This notice and, thus far, stating, for example, that the 3. What can we learn from readability to the extent technologically possible, notices are confusing and/or misleading and communications experts that will all comments will also be posted on the and that the opt-out disclosures are hard help financial institutions draft notices that are easy to read and easy to find? FTC website at www.ftc.gov/ to find. At the same time, some financial 4. Are any industry groups developing glbworkshop, and a link to this site will institutions, which are implementing self-regulatory guidelines or ‘‘best appear on the website of each of the these rules for the first time, have practices’’ regarding GLB privacy participating Agencies. sought additional guidance from the notices and reasonable opt-out Requests To Participate as a Panelist in Agencies about the form and content of methods? Are there useful models or the Workshop their notices. The Agencies therefore guidelines from other contexts, such as believe that it would be useful to online privacy, that could provide Those parties who wish to participate provide a public forum to discuss guidance here? as panelists in the workshop must notify strategies for providing effective notices. 5. Have individual financial the FTC in writing of their interest in The workshop will bring together institutions or industry, consumer, or participating on or before October 15, financial institutions, consumer and privacy groups developed effective 2001, either by mail to the Secretary of privacy groups, experts on readability business and consumer education the FTC or by email to and consumer communication, and materials regarding GLB privacy [email protected]. Requests to others to discuss the issues through policies? Would it be useful for the participate as a panelist should be moderated panel discussions. The Agencies or others to develop additional captioned ‘‘GLB Act Notice Workshop— Agencies anticipate that the workshop consumer and business education Request to Participate, P014814.’’ will provide a greater understanding of materials regarding GLB privacy Parties are asked to include in their the challenges financial institutions face policies? 4 requests a statement setting forth their in developing effective notices under expertise in or knowledge of the issues the Act and may also be a vehicle for Form and Availability of Comments on which the workshop will focus and developing consumer and business The Agencies request that interested their contact information, including a education materials about GLB notice parties submit written comments on the telephone number, facsimile number, issues. above questions to facilitate greater and email address (if available), to understanding of the issues. Of enable the Agencies to notify them if 1 15 U.S.C. 6801 et seq. The implementing particular interest are any studies, they are selected. An original and two regulations are set forth at 12 CFR part 40 (OCC); surveys, research, or other empirical copies of each document should be 12 CFR part 216 (Board); 12 CFR part 332 (FDIC); 12 CFR part 573 (OTS); 12 CFR part 716 (NCUA); data related to these questions. submitted. Panelists will be notified on 16 CFR part 313 (FTC); and 17 CFR part 248 (SEC). Comments should indicate the or before November 16, 2001 whether 2 Persons or entities subject to the jurisdiction of number(s) of the specific question(s) they have been selected. the CFTC were initially excluded from the coverage being answered, provide responses to Using the following criteria, Agency of the GLB Act. 15 U.S.C. 6809(3)(B). That was questions in numerical order, and use a staff will select a limited number of changed by the Commodity Futures Modernization Act of 2000, which made the CFTC a federal new page for each question answered. panelists to participate in the workshop. functional regulator under the GLB Act, and The number of parties selected will not required it to promulgate privacy regulations for 4 The FDIC has published guidance for consumers be so large as to inhibit effective certain persons or entities subject to its jurisdiction. about the GLB Act, available at www.fdic.gov/ discussion among them. 7 U.S.C. 7b–2. The CFTC’s implementing consumers/consumer/news/index.html. Later this regulations are set forth at 17 CFR part 160. year, the Agencies expect to issue additional 1. The party has expertise in or 3 The compliance date for the CFTC’s final consumer education materials on the GLB Act, knowledge of the issues that are the privacy rule is March 31, 2002. 17 CFR 160.18. which will be available online as well. focus of the workshop.
VerDate 11
2. The party’s participation would burden, invites the general public and enhance the quality, utility, and clarity promote a balance of interests being other Federal agencies to take this of the information to be collected; (d) represented at the workshop. opportunity to comment on a ways to minimize the burden of the 3. The party has been designated by continuing information collection. By collection of information on one or more interested parties (who this notice, the Financial Management respondents, including through the use timely file requests to participate) as a Service solicits comments concerning of automated collection techniques or party who shares group interests with the forms ‘‘Financial Institution other forms of information technology; the designator(s). Agreement and Application Forms for and (e) estimates of capital or start-up In addition, there will be time during Designation as a Treasury Tax and Loan costs and costs of operation, the workshop for those not serving as Dispositary and Resolution.’’ maintenance and purchase of services to panelists to ask questions. DATES: Written comments should be provide information . Dated: September 14, 2001. received on or before November 27, Dated: September 20, 2001. John D. Hawke, Jr., 2001. Bettsy H. Lane, Comptroller of the Currency. ADDRESSES: Direct all written comments Assistant Commissioner, Federal Finance. By order of the Board of Governors of the to Financial Management Service, 3700 [FR Doc. 01–24266 Filed 9–27–01; 8:45 am] Federal Reserve System, September 21, 2001. East West Highway, Programs Branch, BILLING CODE 4810–35–M Jennifer J. Johnson, Room 144, Hyattsville, Maryland 20782. Secretary of the Board. FOR FURTHER INFORMATION CONTACT: Dated at Washington, DC this 18th day of Requests for additional information or DEPARTMENT OF VETERANS September 2001. copies of the form(s) and instructions AFFAIRS Federal Deposit Insurance Corporation. should be directed to Karol Forsberg, [OMB Control No. 2900–0590] Robert E. Feldman, Electronic Banking Services Division, Executive Secretary. 401–14th Street, SW, Room 313, Proposed Information Collection Washington, DC 20227, (202) 874–6580. Activity: Proposed Collection; Dated: September 13, 2001. SUPPLEMENTARY INFORMATION: Pursuant Comment Request By the Office of Thrift Supervision. to the Paperwork Reduction Act of 1995, AGENCY: Office of Acquisition and Ellen Seidman, (44 U.S.C. 3506(c)(2)(A)), the Financial Materiel Management, Department of Director. Management Service solicits comments Veterans Affairs. By the National Credit Union on the collection of information Administration Board on September 5th, described below. ACTION: Notice. 2001. Title: Financial Institution Agreement SUMMARY: The Office of Acquisition and Becky Baker, and Application Forms for Designation Materiel Management (OA&MM), Secretary of the Board. as a Treasury Tax and Loan Depositary Department of Veterans Affairs (VA), is By direction of the Commission. and Resolution. announcing an opportunity for public Donald S. Clark, OMB Number: 1510–0052. comment on the proposed collection of Secretary of the Commission. Form Number: FMS 458 and FMS certain information by the agency. Issued in Washington, DC, on this 5th day 459. Under the Paperwork Reduction Act of September 2001 by the Commission. Abstract: Financial Institutions are (PRA) of 1995, Federal agencies are required to complete and submit the Catherine D. Dixon, required to publish notice in the information on the Agreement Federal Register concerning each Assistant Secretary, Commodity Futures Application and Resolution forms to Trading Commission. proposed collection of information, participate in the Treasury Tax and including each proposed revision of a By the Commission. Loan program. Dated: September 21, 2001. currently approved collection, and Current Actions: Extension of a allow 60 days for public comment in Margaret H. McFarland, currently approved collection. Deputy Secretary. response to the notice. This notice Type of Review: Regular. solicits comments on information [FR Doc. 01–24260 Filed 9–27–01; 8:45 am] Affected Public: Business or other for- needed to ensure that VA will not be BILLING CODE 6750–01–P profit. held liable for any negligent acts of the Estimated Number of Respondents: contractor or its employees and ensures 450. that VA and VA beneficiaries are DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 30 protected by adequate insurance minutes. Fiscal Service; Financial Management Estimated Total Annual Burden coverage. Service Hours: 255. DATES: Written comments and Comments: Comments submitted in recommendations on the proposed Proposed Collection of Information: response to this notice will be collection of information should be Financial Institution Agreement and summarized and/or included in the received on or before November 27, Application Forms for Designation as a request for Office of Management and 2001. 1 Treasury Tax and Loan Depositary and Budget approval. All comments will ADDRESSES: Submit written comments Resolution become a matter of public record. on the collection of information to AGENCY: Financial Management Service, Comments are invited on: (a) Whether Donald E. Kaliher, Office of Acquisition Fiscal Service, Treasury. the collection of information is and Materiel Management (95A), ACTION: Notice and request for necessary for the proper performance of Department of Veterans Affairs, 810 comments. the functions of the agency, including Vermont Avenue, NW, Washington, DC whether the information shall have 20420 or e-mail SUMMARY: The Financial Management practical utility; (b) the accuracy of the [email protected]. Please refer Service, as part of its continuing effort agency’s estimate of the burden of the to ‘‘OMB Control No. 2900–0590’’ in to reduce paperwork and respondent collection of information; (c) ways to any correspondence.
VerDate 11
FOR FURTHER INFORMATION CONTACT: the use of other forms of information impact on VA employees who are Donald E. Kaliher at (202) 273–8819. technology. displaced as the result of award of a contract to a commercial firm and SUPPLEMENTARY INFORMATION: Under the Titles would make it difficult for VA to PRA of 1995 (Public Law 104–13; 44 a. Veterans Affairs Acquisition enforce the requirements of Federal U.S.C., 3501—3520), Federal agencies Regulation Clauses 852.237–73, Acquisition Regulation clause 52.207–3, must obtain approval from the Office of Indemnification and Medical Liability Right of First Refusal of Employment. Management and Budget (OMB) for each Insurance. Affected Public: Business or other for- collection of information they conduct b. Veterans Affairs Acquisition profit; Individuals and households; Not- or sponsor. This request for comment is Regulation Clauses 852.237–71, for-profit institutions, and State, Local being made pursuant to Section Indemnification and Insurance. or Tribal Government. 3506(c)(2)(A) of the PRA. c. Veterans Affairs Acquisition Regulation Clauses 852.207–70, Report Estimated Annual Burden: 1,300 With respect to the following of Employment Under Commercial hours. collection of information, OA&MM Activities. Estimated Average Burden Per invites comments on: (1) Whether the OMB Control Number: 2900–0590. Respondent: 30 minutes. proposed collection of information is Type of Review: Revision of a Frequency of Response: On occasion. necessary for the proper performance of currently approved collection. Estimated Number of Respondents: OA&MM’s functions, including whether Abstract: For VA Acquisition 2,200. the information will have practical Regulation Clauses 852.237–7 and Number of Responses Annually: utility; (2) the accuracy of OA&MM’s 852.237–71, failure to collect the 2,600. estimate of the burden of the proposed information would have a negative collection of information; (3) ways to impact on VA’s ability to ensure that VA Dated: September 10, 2001. enhance the quality, utility, and clarity will not be held liable for any negligent By direction of the Secretary: of the information to be collected; and acts of the contractor and that VA Barbara H. Epps, (4) ways to minimize the burden of the beneficiaries and the public are Management Analyst, Information collection of information on protected by adequate insurance Management Service. respondents, including through the use coverage. For clause 852.207–70, failure [FR Doc. 01–23891 Filed 9–27–01; 8:45 am] of automated collection techniques or to collect the data could have a negative BILLING CODE 8320–01–P
VerDate 11
Part II
Department of the Interior Fish and Wildlife Service
50 CFR Part 20 Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds; Final Rule
VerDate 11
DEPARTMENT OF THE INTERIOR preliminary information on the status of address indicated under the caption waterfowl as it relates to the ADDRESSES. Fish and Wildlife Service development and selection of the Endangered Species Act Consideration regulatory packages for the 2001–02 50 CFR Part 20 regular waterfowl seasons. On July 24, We have considered provisions of the Endangered Species Act of 1973, as RIN 1018–AH79 we published in the Federal Register (66 FR 38494) a third document amended, (16 U.S.C. 1531–1543; Migratory Bird Hunting; Late Seasons specifically dealing with the proposed hereinafter the Act) to ensure that and Bag and Possession Limits for frameworks for early-season regulations hunting is not likely to jeopardize the Certain Migratory Game Birds and final regulatory alternatives for the continued existence of any species 2001–02 duck hunting season. On designated as endangered or threatened AGENCY: Fish and Wildlife Service, August 21, 2001, we published in the or modify or destroy its critical habitat Interior. Federal Register (66 FR 44010) a final and that the action is consistent with ACTION: Final rule. rule that contained final frameworks for conservation programs for those species. early migratory bird hunting seasons Executive Order (E.O.) 12866 SUMMARY: This rule prescribes the from which wildlife conservation hunting seasons, hours, areas, and daily agency officials from the States, Puerto This rule was reviewed by the Office bag and possession limits for general Rico, and the Virgin Islands selected of Management and Budget (OMB). The waterfowl seasons and those early early-season hunting dates, hours, areas, migratory bird hunting regulations are seasons for which States previously and limits. On August 29, 2001, we economically significant and are deferred selection. Taking of migratory published in the Federal Register (66 annually reviewed by OMB under E.O. birds is prohibited unless specifically FR 45730) a final rule amending subpart 12866. provided for by annual regulations. This K of title 50 CFR part 20 to set hunting Regulatory Flexibility Act rule permits the taking of designated seasons, hours, areas, and limits for species during the 2001–02 season. early seasons. These regulations have a significant DATES: This rule is effective on On August 1–2, 2001, we held a economic impact on substantial September 29, 2001. public meeting in Washington, DC, as numbers of small entities under the announced in the April 30, and June 14 Regulatory Flexibility Act (5 U.S.C. 601 FOR FURTHER INFORMATION CONTACT: Federal Registers, to review the status et seq.). We analyzed the economic Jonathan Andrew, Chief, or Ron W. of waterfowl. Proposed hunting impacts of the annual hunting Kokel, Division of Migratory Bird regulations were discussed for late regulations on small business entities in Management, U.S. Fish and Wildlife seasons. We published proposed detail and issued a Small Entity Service, (703) 358–1714. frameworks for the 2001–02 late-season Flexibility Analysis (Analysis) in 1998. SUPPLEMENTARY INFORMATION: migratory bird hunting regulations on The Analysis documented the Regulations Schedule for 2001 August 28, 2001, in the Federal Register significant beneficial economic effect on (66 FR 45516). We published final late- a substantial number of small entities. On April 30, 2001, we published in season frameworks for migratory game The primary source of information the Federal Register (66 FR 21298) a bird hunting regulations, from which about hunter expenditures for migratory proposal to amend 50 CFR part 20. The State wildlife conservation agency game bird hunting is the National proposal dealt with the establishment of officials selected late-season hunting Hunting and Fishing Survey, which is seasons, limits, and other regulations for dates, hours, areas, and limits for 2001– conducted at 5-year intervals. The migratory game birds under §§ 20.101 02 in the September 27, 2001, Federal Analysis was based on the 1996 through 20.107, 20.109, and 20.110 of Register. National Hunting and Fishing Survey subpart K. On June 14, 2001, we The final rule described here is the and the U.S. Department of Commerce’s published in the Federal Register (66 eighth and final in the series of County Business Patterns, from which it FR 32297) a second document providing proposed, supplemental, and final was estimated that migratory bird supplemental proposals for early- and rulemaking documents for migratory hunters would spend between $429 late-season migratory bird hunting game bird hunting regulations for 2001– million and $1.084 billion at small regulations frameworks and the 02 and deals specifically with amending businesses in 1998. Copies of the proposed regulatory alternatives for the subpart K of 50 CFR part 20. It sets Analysis are available upon request 2001–02 duck hunting season. The June hunting seasons, hours, areas, and limits from the address indicated under the 14 supplement also provided detailed for species subject to late-season caption ADDRESSES. information on the 2001–02 regulatory regulations and those for early seasons schedule and announced the Service that States previously deferred. Small Business Regulatory Enforcement Migratory Bird Regulations Committee Fairness Act NEPA Consideration and Flyway Council meetings. This rule is a major rule under 5 On June 20–21, we held meetings that NEPA considerations are covered by U.S.C. 804(2), the Small Business reviewed information on the current the programmatic document, ‘‘Final Regulatory Enforcement Fairness Act. status of migratory shore and upland Supplemental Environmental Impact For the reasons outlined above, this rule game birds and developed 2001–02 Statement: Issuance of Annual has an annual effect on the economy of migratory game bird regulations Regulations Permitting the Sport $100 million or more. However, because recommendations for these species plus Hunting of Migratory Birds (FSES 88– this rule establishes hunting seasons, we regulations for migratory game birds in 14),’’ filed with the Environmental do not plan to defer the effective date Alaska, Puerto Rico, and the Virgin Protection Agency on June 9, 1988. We under the exemption contained in 5 Islands, special September waterfowl published a Notice of Availability in the U.S.C. 808 (1) . seasons in designated States, special sea Federal Register on June 16, 1988 (53 duck seasons in the Atlantic Flyway, FR 22582). We published our Record of Paperwork Reduction Act and extended falconry seasons. In Decision on August 18, 1988 (53 FR We examined these regulations under addition, we reviewed and discussed 31341). Copies are available from the the Paperwork Reduction Act of 1995.
VerDate 11
We utilize the various recordkeeping exercise otherwise unavailable use. Therefore, this action is not a and reporting requirements imposed privileges, and, therefore, reduces significant energy action and no under regulations established in 50 CFR restrictions on the use of private and Statement of Energy Effects is required. part 20, Subpart K, in the formulation of public property. Regulations Promulgation migratory game bird hunting Federalism Effects regulations. Specifically, OMB has The rulemaking process for migratory approved the information collection Due to the migratory nature of certain game bird hunting must, by its nature, requirements of the Migratory Bird species of birds, the Federal operate under severe time constraints. Harvest Information Program and Government has been given However, we intend that the public be assigned control number 1018–0015 responsibility over these species by the given the greatest possible opportunity (expires 9/30/2001). This information is Migratory Bird Treaty Act. We annually to comment on the regulations. Thus, used to provide a sampling frame for prescribe frameworks from which the when the preliminary proposed voluntary national surveys to improve States make selections and employ rulemaking was published, we our harvest estimates for all migratory guidelines to establish special established what we believed were the game birds in order to better manage regulations on Federal Indian longest periods possible for public these populations. OMB has also reservations and ceded lands. This comment. In doing this, we recognized approved the information collection process preserves the ability of the that, when the comment period closed, requirements of the Sandhill Crane States and Tribes to determine which time would be of the essence. That is, Harvest Questionnaire and assigned seasons meet their individual needs. if there were a delay in the effective date control number 1018–0023 (expires 7/ Any State or Tribe may be more of these regulations after this final 31/2003). The information from this restrictive than the Federal frameworks rulemaking, the States would have survey is used to estimate the at any time. The frameworks are insufficient time to implement their magnitude and the geographical and developed in a cooperative process with selected season dates and limits and temporal distribution of harvest, and the the States and the Flyway Councils. start their seasons in a timely manner. portion it constitutes of the total This allows States to participate in the We therefore find that ‘‘good cause’’ population. A Federal agency may not development of frameworks from which exists, within the terms of 5 U.S.C. conduct or sponsor, and a person is not they will make selections, thereby 553(d)(3) of the Administrative required to respond to, a collection of having an influence on their own Procedure Act, and these regulations information unless it displays a regulations. These rules do not have a will, therefore, take effect immediately currently valid OMB control number. substantial direct effect on fiscal upon publication. Accordingly, with capacity, change the roles or Unfunded Mandates Reform Act each conservation agency having had an responsibilities of Federal or State opportunity to participate in selecting We have determined and certify, in governments, or intrude on State policy the hunting seasons desired for its State compliance with the requirements of the or administration. Therefore, in or Territory on those species of Unfunded Mandates Reform Act, 2 accordance with E.O. 13132, these migratory birds for which open seasons U.S.C. 1502 et seq., that this rulemaking regulations do not have significant are now prescribed, and consideration will not ‘‘significantly or uniquely’’ federalism effects and do not have having been given to all other relevant affect small governments, and will not sufficient federalism implications to matters presented, certain sections of produce a Federal mandate of $100 warrant the preparation of a Federalism title 50, chapter I, subchapter B, part 20, million or more in any given year on Assessment. subpart K, are hereby amended as set local or State government or private Government-to-Government forth below. entities. Therefore, this rule is not a Relationship with Tribes ‘‘significant regulatory action’’ under List of Subjects in 50 CFR Part 20 the Unfunded Mandates Reform Act. In accordance with the President’s Exports, Hunting, Imports, Reporting memorandum of April 29, 1994, Civil Justice Reform—Executive Order and recordkeeping requirements, ‘‘Government-to-Government Relations Transportation, Wildlife. 12988 with Native American tribal The Department, in promulgating this Governments’’ (59 FR 22951), E.O. Dated: September 19, 2001. rule, has determined that this rule will 13175, and 512 DM 2, we have Joseph E. Doddridge, not unduly burden the judicial system evaluated possible effects on Federally Acting Assistant Secretary for Fish and and meets the requirements of sections recognized Indian tribes and have Wildlife and Parks. 3(a) and 3(b)(2) of E.O. 12988. determined that there are no effects. For the reasons set out in the Takings Implication Assessment Energy Effects—E.O. 13211 preamble, title 50, chapter I, subchapter B, Part 20, subpart K of the Code of In accordance with E.O. 12630, this On May 18, 2001, the President issued Federal Regulations is amended as rule, authorized by the Migratory Bird E.O. 13211 on regulations that follows: Treaty Act, does not have significant significantly affect energy supply, takings implications and does not affect distribution, and use. E.O. 13211 PART 20—[AMENDED] any constitutionally protected property requires agencies to prepare Statements rights. This rule will not result in the of Energy Effects when undertaking 1. The authority citation for Part 20 physical occupancy of property, the certain actions. While this rule is a continues to read as follows: physical invasion of property, or the significant regulatory action under E.O. Authority: 16 U.S.C. 703–712 and 16 regulatory taking of any property. In 12866, it is not expected to adversely U.S.C. 742 a–-j, Pub. L. 106–108. fact, this rule will allow hunters to affect energy supplies, distribution, or BILLING CODE 4310–55–P
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
VerDate 11
[FR Doc. 01–24292 Filed 9–27–01; 8:45 am] BILLING CODE 4310–55–C
VerDate 11
Part III
Department of the Interior Fish and Wildlife Service
50 CFR Part 20 Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2001–02 Late Season; Final rule
VerDate 11
DEPARTMENT OF THE INTERIOR of their authority to regulate hunting by 1 or later each year and have a primary both tribal members and nonmembers emphasis on waterfowl. Fish and Wildlife Service on their reservations. The guidelines Status of Populations include possibilities for: 50 CFR Part 20 (1) On-reservation hunting by both In a proposed rule published in the July 24, 2001 Federal Register, we RIN 1018–AH79 tribal members and nonmembers, with hunting by non-tribal members on some reviewed the status for various Migratory Bird Hunting; Regulations reservations to take place within Federal populations for which seasons were on Certain Federal Indian Reservations frameworks but on dates different from proposed. This information included and Ceded Lands for the 2001–02 Late those selected by the surrounding brief summaries of the May Breeding Season State(s); Waterfowl and Habitat Survey and (2) On-reservation hunting by tribal population status reports for blue-wing AGENCY: Fish and Wildlife Service, members only, outside of usual Federal teal, Canada goose populations hunted Interior. frameworks for season dates and length, in September seasons, sea ducks, ACTION: Final rule. and for daily bag and possession limits; sandhill cranes, woodcock, mourning and doves, white-winged doves, white- SUMMARY: This rule prescribes special (3) Off-reservation hunting by tribal tipped doves, and band-tailed pigeons. late season migratory bird hunting members on ceded lands, outside of As a result of these status reports, we regulations for certain tribes on Federal usual framework dates and season have responded by proposing for the Indian reservations, off-reservation trust length, with some added flexibility in 2001–02 waterfowl hunting season lands and ceded lands. This responds to daily bag and possession limits. Flyway frameworks that are essentially tribal requests for U.S. Fish and Wildlife In all cases, the regulations the same as those of last season (August Service (hereinafter Service or we) established under the guidelines must 22, 2000, Federal Register, 65 FR recognition of their authority to regulate be consistent with the March 10– 51174). The tribal seasons established hunting under established guidelines. September 1 closed season mandated by below are commensurate with the This rule allows the establishment of the 1916 Migratory Bird Treaty with population status. season bag limits and, thus, harvest at Canada. levels compatible with populations and Comments and Issues Concerning In a proposed rule published in the habitat conditions. Tribal Proposals April 30, 2001, Federal Register (66 FR For the 2001–02 migratory bird DATES: This rule takes effect on 21298), we requested that tribes desiring September 29, 2001. hunting season, we proposed special hunting regulations in the 2001– regulations for 29 tribes and/or Indian ADDRESSES: You may inspect comments 02 hunting season submit a proposal on the special hunting regulations and groups that followed the 1985 including details on: guidelines and were considered tribal proposals during normal business (a) Harvest anticipated under the hours in Room 634, Arlington Square appropriate for final rulemaking. Some requested regulations; of the proposals submitted by the tribes Building, 4401 N. Fairfax Drive, (b) Methods that would be employed Arlington, Virginia. had both early- and late-season to measure or monitor harvest (such as elements. However, as noted earlier, FOR FURTHER INFORMATION CONTACT: Ron bag checks, mail questionnaires, etc.); only those with late-season proposals W. Kokel, Division of Migratory Bird (c) Steps that would be taken to limit are included in this final rulemaking; 20 Management, U.S. Fish and Wildlife the level of harvest, where it could be tribes have proposals with late seasons. Service, (703/358–1714). shown that failure to limit the harvest Comments and proposals are addressed SUPPLEMENTARY INFORMATION: The would adversely impact the migratory in the following section. The comment Migratory Bird Treaty Act of July 3, bird resource; and period for the proposed rule, published 1918 (40 Stat. 755; 16 U.S.C. 703 et (d) Tribal capabilities to establish and on August 14, 2001, closed on August seq.), authorizes and directs the enforce migratory bird hunting 24, 2001. Secretary of the Department of the regulations. We received one comment regarding Interior, having due regard for the zones No action is required if a tribe wishes the notice of intent published on April of temperature and for the distribution, to observe the hunting regulations 30, 2001, which announced rulemaking abundance, economic value, breeding established by the State(s) in which an on regulations for migratory bird habits, and times and lines of flight of Indian reservation is located. We have hunting by American Indian tribal migratory game birds, to determine successfully used the guidelines since members. We responded to this when, to what extent, and by what the 1985–86 hunting season. We comment in the August 31 final rule. means such birds or any part, nest or finalized the guidelines beginning with egg thereof may be taken, hunted, the 1988–89 hunting season (August 18, NEPA Consideration captured, killed, possessed, sold, 1988, Federal Register [53 FR 31612]). Pursuant to the requirements of purchased, shipped, carried, exported or Although the August 14, 2001 section 102(2)(C) of the National transported. proposed rule included generalized Environmental Policy Act of 1969 (42 In a proposed rule published in the regulations for both early- and late- U.S.C. 4332(C)), the ‘‘Final August 14, 2001, Federal Register (66 season hunting, this rulemaking Environmental Statement for the FR 42712), we proposed special addresses only the late-season Issuance of Annual Regulations migratory bird hunting regulations for proposals. Early-season proposals were Permitting the Sport Hunting of the 2001–02 hunting season for certain addressed in a final rule published in Migratory Birds (FES–75–74)’’ was filed Indian tribes, under the guidelines the August 31 Federal Register (66 FR with the Council on Environmental described in the June 4, 1985, Federal 46200). As a general rule, early seasons Quality on June 6, 1975, and notice of Register (50 FR 23467). The guidelines begin during September each year and availability was published in the respond to tribal requests for Service have a primary emphasis on such Federal Register on June 13, 1975, (40 recognition of their reserved hunting species as mourning and white-winged FR 25241). A supplement to the final rights, and for some tribes, recognition dove. Late seasons begin about October environmental statement, the ‘‘Final
VerDate 11
Supplemental Environmental Impact Hunting and Fishing Survey, which is voluntary national surveys to improve Statement: Issuance of Annual conducted at 5-year intervals. The our harvest estimates for all migratory Regulations Permitting the Sport Analysis was based on the 1996 game birds in order to better manage Hunting of Migratory Birds (SEIS 88– National Hunting and Fishing Survey these populations. 14)’’ was filed on June 9, 1988, and and the U.S. Department of Commerce’s OMB has also approved the notice of availability was published in County Business Patterns from which it information collection requirements of the Federal Register on June 16, 1988 was estimated that migratory bird the Sandhill Crane Harvest (53 FR 22582), and June 17, 1988 (53 FR hunters would spend between $429 Questionnaire and assigned clearance 22727). Copies of these documents are million and $1.084 billion at small number 1018–0023 (expires 7/31/2003). available from us at the address businesses in 1998. Copies of the The information from this survey is indicated under the caption ADDRESSES. Analysis are available upon request. used to estimate the magnitude, the In addition, an August 1985 geographical and temporal distribution Environmental Assessment titled Executive Order (E.O.) 12866 of harvest, and the portion it constitutes ‘‘Guidelines for Migratory Bird Hunting Collectively, the rules covering the of the total population. A Federal Regulations on Federal Indian overall frameworks for migratory bird agency may not conduct or sponsor, and Reservations and Ceded Lands’’ is hunting are economically significant a person is not required to respond to, available from the same address. and have been reviewed by the Office of a collection of information unless it Management and Budget (OMB) under Endangered Species Act Considerations displays a currently valid OMB control E.O. 12866. This rule is a small portion number. Section 7 of the Endangered Species of the overall migratory bird hunting Act, as amended (16 U.S.C. 1531–1543; frameworks and was not individually Unfunded Mandates Reform Act 87 Stat. 884), provides that, ‘‘The submitted and reviewed by OMB under We have determined and certify, in Secretary shall review other programs E.O. 12866. compliance with the requirements of the administered by him and utilize such Unfunded Mandates Reform Act, 2 Energy Effects—E.O. 13211 programs in furtherance of the purposes U.S.C. 1502 et seq., that this rulemaking of this Act’’ (and) shall ‘‘insure that any On May 18, 2001, the President issued will not ‘‘significantly or uniquely’’ action authorized, funded or carried out E.O. 13211 on regulations that affect small governments, and will not * * * is not likely to jeopardize the significantly affect energy supply, produce a Federal mandate of $100 continued existence of any endangered distribution, and use. E.O. 13211 million or more in any given year on species or threatened species or result in requires agencies to prepare Statements local or State government or private the destruction or adverse modification of Energy Effects when undertaking entities. Therefore, this rule is not a of [critical] habitat * * *’’ certain actions. This rule is not expected ‘‘significant regulatory action’’ under Consequently, we conducted to adversely affect energy supplies, the Unfunded Mandates Reform Act. consultations to ensure that actions distribution, or use. Therefore, this resulting from these regulations would action is not a significant energy action Civil Justice Reform—Executive Order not likely jeopardize the continued and no Statement of Energy Effects is 12988 existence of endangered or threatened required. The Department, in promulgating this species or result in the destruction or rule, has determined that it will not Small Business Regulatory Enforcement adverse modification of their critical unduly burden the judicial system and Fairness Act habitat. Findings from these meets the requirements of sections 3(a) consultations are included in a The annual migratory bird hunting and 3(b)(2) of E.O. 12988. biological opinion and may have caused regulations constitute a major rule modification of some regulatory under 5 U.S.C. 804(2), the Small Takings Implication Assessment measures previously proposed. The Business Regulatory Enforcement In accordance with E.O. 12630, the final frameworks reflect any Fairness Act. For the reasons outlined annual migratory bird hunting rules, modifications. Our biological opinions above, these series of rules has an authorized by the Migratory Bird Treaty resulting from this Section 7 annual effect on the economy of $100 Act, do not have significant takings consultation are public documents million or more. However, because implications and do not affect any available for public inspection in the these rules establish hunting seasons, constitutionally protected property Service’s Division of Endangered we do not plan to defer the effective rights. These rules will not result in the Species and MBM, at the address date of this rule under the exemption physical occupancy of property, the indicated under the caption ADDRESSES. contained in 5 U.S.C. 808 (1) and this physical invasion of property, or the rule will be effective immediately. regulatory taking of any property. In Regulatory Flexibility Act fact, these rules allow hunters to Paperwork Reduction Act These regulations have a significant exercise privileges that would be economic impact on substantial We examined these regulations under otherwise unavailable; and, therefore, numbers of small entities under the the Paperwork Reduction Act of 1995. reduce restrictions on the use of private Regulatory Flexibility Act (5 U.S.C. 601 We utilize the various recordkeeping and public property. et seq.). We analyzed the economic and reporting requirements imposed impacts of the annual hunting under regulations established in 50 CFR Federalism Effects regulations on small business entities in part 20, Subpart K, in the formulation of Due to the migratory nature of certain detail and issued a Small Entity migratory game bird hunting species of birds, the Federal Flexibility Analysis (Analysis) in 1998. regulations. Specifically, OMB has Government has been given The Analysis documented the approved the information collection responsibility over these species by the significant beneficial economic effect on requirements of the Migratory Bird Migratory Bird Treaty Act. We annually a substantial number of small entities. Harvest Information Program and prescribe frameworks from which the The primary source of information assigned clearance number 1018–0015 States make selections and employ about hunter expenditures for migratory (expires 9/30/2001). This information is guidelines to establish special game bird hunting is the National used to provide a sampling frame for regulations on Federal Indian
VerDate 11
reservations and ceded lands. This the necessary regulations and Ducks (including mergansers) process preserves the ability of the procedures to implement their Canvasbacks: Open October 6, close States and Tribes to determine which decisions. November 12, 2001. seasons meet their individual needs. We therefore find that ‘‘good cause’’ Other ducks: Open October 6, 2001, Any State or Tribe may be more exists, within the terms of 5 U.S.C. close January 6, 2002. restrictive than the Federal frameworks 553(d)(3) of the Administrative Daily Bag and Possession Limits: at any time. The frameworks are Procedure Act, and these regulations Seven ducks, including no more than developed in a cooperative process with will, therefore, take effect immediately one pintail, two redheads, two hen the States and the Flyway Councils. upon publication. mallards, four scaup, two goldeneyes, This allows States to participate in the Therefore, under the authority of the two cinnamon teal, and one canvasback development of frameworks from which Migratory Bird Treaty Act of July 3, (when open). The possession limit is they will make selections, thereby 1918, as amended (40 Stat. 755; 16 twice the daily bag limit. having an influence on their own U.S.C. 703 et seq.), we prescribe final regulations. These rules do not have a hunting regulations for certain tribes on Coots and Common Moorhens substantial direct effect on fiscal Federal Indian reservations (including Season Dates: Same as ducks. capacity, change the roles or off-reservation trust lands), and ceded Daily Bag and Possession Limits: 25 responsibilities of Federal or State lands. The regulations specify the coots and common moorhens, singly or governments, or intrude on State policy species to be hunted and establish in the aggregate. or administration. Therefore, in season dates, bag and possession limits, Geese accordance with E.O. 13132, these season length, and shooting hours for regulations do not have significant migratory game birds. Season Dates: Open November 17, federalism effects and do not have 2001, close January 13, 2002. sufficient federalism implications to List of Subjects in 50 CFR Part 20 Daily Bag and Possession Limits: Four warrant the preparation of a Federalism Exports, Hunting, Imports, Reporting geese, including no more than two dark Assessment. and recordkeeping requirements, (Canada) geese and three white (snow, Transportation, Wildlife. blue, Ross’s) geese. The possession limit Government-to-Government Accordingly, part 20, subchapter B, is eight, but could include no more than Relationship With Tribes chapter I of Title 50 of the Code of six white geese or four dark geese. Due to the migratory nature of certain Federal Regulations is amended as General Conditions: A valid Colorado species of birds, the Federal follows: River Indian Reservation hunting permit Government has been given is required for all persons 14 years and responsibility over these species by the PART 20—[AMENDED] older and must be in possession before Migratory Bird Treaty Act. Thus, in taking any wildlife on tribal lands. Any accordance with the President’s 1. The authority citation for part 20 person transporting game birds off the memorandum of April 29, 1994, continues to read as follows: Colorado River Indian Reservation must ‘‘Government-to-Government Relations Authority: 16 U.S.C. 703–712 and 16 have a valid transport declaration form. with Native American Tribal U.S.C. 742 a–j, Pub. Law 106–108. Other tribal regulations apply, and may Governments’’ (59 FR 22951), E. O. Note: The following hunting regulations be obtained at the Fish and Game Office 13175, and 512 DM 2, we have provided for by 50 CFR 20.110 will not in Parker, Arizona. evaluated possible effects on Federally appear in the Code of Federal Regulations (b) Crow Creek Sioux Tribe, Crow recognized Indian tribes and have because of their seasonal nature. Creek Indian Reservation, Fort determined that there are no effects on 2. Section 20.110 is amended by Thompson, South Dakota (Tribal Indian trust resources. However, by revising paragraphs (a), (b), (f), (h), (k), Members and Non-tribal Hunters) virtue of the tribal proposals received in (l), (p), (q), (r), and (t), and by adding response to the April 30, 2001, request paragraphs (u) through (cc) to read as set Sandhill Cranes for proposals and the August 14, 2001, forth below. (Current § 20.110 was Season Dates: Open September 15, proposed rule, we have consulted with published at 66 FR 46200, August 31, close October 21, 2001. all the tribes affected by this rule. 2001.) Daily Bag Limit: Three sandhill Regulations Promulgation cranes. § 20.110 Seasons, limits and other Permits: Each person participating in The rulemaking process for migratory regulations for certain Federal Indian the sandhill crane season must have a game bird hunting must, by its nature, reservations, Indian Territory, and ceded lands. valid Federal sandhill crane hunting operate under severe time constraints. permit in their possession while However, we intend that the public be (a) Colorado River Indian Tribes, hunting. given the greatest possible opportunity Parker, Arizona (Tribal Members and to comment on the regulations. Thus, Non-tribal Hunters) Ducks when the preliminary proposed Canvasbacks (Applies to Non-tribal rulemaking was published, we Doves Hunters Only): Open October 6, close established what we believed were the Season Dates: Open September 1, October 30, 2001. longest periods possible for public close September 15, 2001; then open Other ducks: Open October 6, close comment. In doing this, we recognized November 16, 2001, close January 13, December 18, 2001. that when the comment period closed, 2002. Daily Bag and Possession Limits: Six time would be of the essence. That is, Daily Bag and Possession Limits: For ducks, including no more than five if there were a delay in the effective date the early season, daily bag limit is 10 mallards (including no more than two of these regulations after this final mourning or 10 white-winged doves, female mallards), two redheads, one rulemaking, the tribes would have singly, or in the aggregate. For the late canvasback (when open), one pintail, insufficient time to communicate these season, the daily bag limit is 10 three scaup, and two wood ducks. The seasons to their member and non-tribal mourning doves. Possession limits are possession limit is twice the daily bag hunters and to establish and publicize twice the daily bag limits. limit.
VerDate 11
Mergansers Non-tribal Hunters Daily Bag Limit: 15 coots and common moorhens (common Season Dates: Same as ducks. Ducks gallinules), singly or in the aggregate. Daily Bag and Possession Limits: Five Season Dates: Open September 29, mergansers, including no more than one 2001, close January 19, 2002. During Canada Geese hooded merganser. The possession limit this period, days to be hunted are Season Dates: Open September 1, is twice the daily bag limit. specified by the Kalispel Tribe as close September 15, 2001, early season, Canada Geese weekends, holidays and for a then open September 16, close continuous period in the months of December 2, 2001, regular season, and Season Dates: Open October 20, 2001, December and January. Non-tribal open February 2, close February 17, close January 22, 2002. hunters should contact the tribe for 2002, late season. Daily Bag and Possession Limits: more detail on hunting days. Daily Bag Limits: Five geese in the Three and six, respectively. Daily Bag and Possession Limits: early and late seasons and two geese White-fronted Geese Seven ducks, including no more than during the regular season. one pintail, two hen mallards, two Other Geese Season Dates: Open September 29, redheads, and four scaup. The season on close December 23, 2001. canvasbacks is closed. Season Dates: Open September 16, Daily Bag and Possession Limits: Two close December 2, 2001. and four, respectively. Geese Daily Bag Limits: Ten geese, including no more than two white-fronted geese or Light Geese Season Dates: Open September 1, 2001, close September 15, and begin two brant. Season Dates: Open September 29, September 29, close January 19, 2002. Rails, Snipe, and Woodcock 2001, close January 3, 2002. During this period, days to be hunted Daily Bag and Possession Limits: 20 are specified by the Kalispel Tribe as Season Dates: Open September 15, geese daily, no possession limit. weekends, holidays and for a close November 14, 2001. General Conditions: The waterfowl continuous period in the months of Daily Bag Limit: 25 rails, 8 snipe, and hunting regulations established by this December and January. Non-tribal 3 woodcock. final rule apply only to tribal and trust hunters should contact the tribe for General Conditions are as follows: lands within the external boundaries of more detail on hunting days. . A. All tribal members will be required to obtain a valid tribal resource card and the reservation. Tribal and non-tribal Daily Bag and Possession Limits: 5 2001–02 hunting license. hunters must comply with basic Federal and 10, respectively during the early B. Except as modified by the Service migratory bird hunting regulations in 50 period and four geese, including four rules adopted in response to this CFR part 20 regarding shooting hours dark geese but not more than three light proposal, these amended regulations and manner of taking. In addition, each geese during the late period. The parallel all Federal regulations waterfowl hunter 16 years of age or over possession limit is twice the daily bag contained in 50 CFR part 20. must carry on his/her person a valid limit. C. Particular regulations of note Migratory Bird Hunting and General: Hunters must observe all Conservation Stamp (Duck Stamp) include: State and Federal regulations, such as (1) Nontoxic shot will be required for signed in ink across the stamp face. those contained in 50 CFR part 20 and Special regulations established by the all waterfowl hunting by tribal including the possession of a validated members. Crow Creek Sioux Tribe also apply on Migratory Bird Hunting and the reservation. (2) Tribal members in each zone will Conservation Stamp. comply with tribal regulations * * * * * * * * * * providing for closed and restricted (f) Kalispel Tribe, Kalispel Reservation, (h) Little River Band of Ottawa Indians, waterfowl hunting areas. These Usk, Washington (Tribal Members and Manistee, Michigan (Tribal Members regulations generally incorporate the Non-Tribal Hunters) Only) same restrictions contained in parallel State regulations. Tribal Hunters Within Kalispel Ceded Ducks (3) Possession limits for each species Lands Season Dates: Open September 29, are double the daily bag limit, except on Ducks close December 5, 2001. the opening day of the season, when the possession limit equals the daily bag Season Dates: Open September 15, Daily Bag Limits: Six ducks, including limit, unless otherwise noted above. 2001, close January 31, 2002. no more than four mallards (only one of D. Tribal members hunting in Daily Bag Limit: 7 ducks, including no which may be a hen), three scaup, one Michigan will comply with tribal codes more than 2 female mallards, 1 pintail, black duck, two redheads, two wood that contain provisions parallel to 4 scaup, 2 redheads. The season on ducks, one pintail, and one canvasback. Michigan law regarding duck blinds and canvasbacks is closed. Mergansers decoys. Geese Season Dates: Same as ducks. * * * * * Season Dates: Open September 1, Daily Bag and Possession Limits: Five (k) Navajo Indian Reservation, Window close January 31, 2002. mergansers, including no more than one Rock, Arizona (Tribal Members and Daily Bag Limit: 3 light geese and 4 hooded merganser. The possession limit Nonmembers) dark geese. The daily bag limit is 2 brant is twice the daily bag limit. and is in addition to dark goose limits. Band-tailed Pigeons Coots and Common Moorhens (Common General: Tribal members must possess Season Dates: Open September 1, Gallinules) a validated Migratory Bird Hunting and close September 30, 2001. Conservation Stamp and a tribal ceded Season Dates: Open September 29, Daily Bag and Possession Limits: 5 lands permit. close December 5, 2001. and 10 pigeons, respectively.
VerDate 11
Mourning Doves Woodcock Other ducks: Open October 6, 2001, Season Dates: Open September 1, Season Dates: Open September 1, close January 20, 2002. close September 30, 2001. close November 12, 2001. Daily Bag and Possession Limits: Daily Bag and Possession Limits: 10 Daily Bag and Possession Limits: 5 Seven ducks, including no more than and 20 doves, respectively. and 10 woodcock, respectively. two hen mallards, one pintail, four scaup, two redheads, and one Ducks (including mergansers) General Conditions: The tribe proposes shooting hours be one-half canvasback (when open). The Canvasbacks: Open September 29, hour before sunrise to one-half hour possession limit is twice the daily bag close November 5, 2001. after sunset. Nontribal members hunting limit. Other ducks: Open September 29, on the Reservation or on lands under Coots 2001, close January 13, 2002. the jurisdiction of the tribe must comply Daily Bag and Possession Limits: with all State of Wisconsin regulations. Season Dates: Same as ducks. Seven ducks, including no more than Tribal members and nontribal members Daily Bag and Possession Limits: 25 two hen mallards, one pintail, four hunting on the Reservation or on lands coots. scaup, two redheads, and one under the jurisdiction of the tribe will Geese canvasback (when open). The observe all basic Federal migratory bird possession limit is twice the daily bag hunting regulations found in 50 CFR Season Dates: Open October 13, 2001, limit. part 20, with the following exceptions: close January 20, 2002. Coots and Common Moorhens Indian hunters would be exempt from Daily Bag and Possession Limits: Four the purchase of the Migratory Waterfowl geese, including four dark geese but no Season Dates: Same as ducks. more than three light geese. The Daily Bag and Possession Limits: 25 Hunting and Conservation Stamp (Duck Stamp); and shotgun capacity is not possession limit is twice the daily bag coots and moorhens, singly or in the limit. aggregate. limited to three shells. * * * * * Brant Dark Geese Season Dates: Open January 5, close Season Dates: Open September 30, (p) Tulalip Tribes of Washington, Tulalip Indian Reservation, Marysville, January 20, 2002. 2001, close January 7, 2002. Daily Bag and Possession Limits: Two Daily Bag and Possession Limits: Washington (Tribal Members and Non- and four brant, respectively. Three and six geese, respectively. Tribal Hunters) General Conditions: Tribal and non- Tribal Members Snipe tribal hunters will comply with all basic Season Dates: Open September 15, Federal migratory bird hunting Ducks (Including Coots and Mergansers, 2001, close February 1, 2002. regulations in 50 CFR part 20, regarding excluding canvasback) Daily Bag and Possession Limits: 8 shooting hours and manner of taking. In Season Dates: Open September 15, and 16, respectively. addition, each waterfowl hunter 16 2001, and close February 28, 2002. years of age or over must carry on his/ Daily Bag and Possession Limits: 7 General Conditions: All hunters on her person a valid Migratory Bird and 14 ducks, respectively, per species Tulalip Tribal lands are required to Hunting and Conservation Stamp (Duck for all species except that bag and adhere to shooting hour regulations set Stamp) signed in ink across the stamp possession limits may include no more at one-half hour before sunrise to face. Special regulations established by than 2 female mallards, 1 pintail, 4 sunset, special tribal permit the Navajo Nation also apply on the scaup, 2 redheads, and one canvasback. requirements, and a number of other reservation. tribal regulations enforced by the tribe. Geese Nontribal hunters 16 years of age and (l) Oneida Tribe of Indians of Season Dates: Open September 15, older, hunting pursuant to Tulalip Wisconsin, Oneida, Wisconsin (Tribal 2001, and close February 1, 2002. Tribes’ Ordinance No. 67, must possess Members Only) Daily Bag and Possession Limits: 6 a valid Federal Migratory Bird Hunting Ducks (including mergansers) and 12 geese, respectively; except that and Conservation Stamp and a valid the bag limits may not include more State of Washington Migratory Season Dates: Open September 29, than 2 brant and 1 cackling Canada Waterfowl Stamp. Both stamps must be close November 30, 2001. goose. The tribes also set a maximum validated by signing across the face of Daily Bag and Possession Limits: Six, the stamp. Other tribal regulations including no more than six mallards annual bag limit on ducks and geese for those tribal members who engage in apply, and may be obtained at the tribal (three hen mallards), five wood ducks, office in Marysville, Washington. one canvasback, one redhead, two subsistence hunting of 365 ducks and pintails, and one hooded merganser. 365 geese. (q) Upper Skagit Indian Tribe, Sedro Snipe Woolley, Washington (Tribal Members Geese Only) Season Dates: Open September 1, Season Dates: Open September 15, Ducks close November 16, 2001, and open 2001, close February 1, 2002. November 26, close December 31, 2001. Daily Bag and Possession Limits: 8 Season Dates: Open November 1, Daily Bag and Possession Limits: and 16, respectively. 2001, close February 8, 2002. Three Canada geese. Hunters will be Non-tribal Hunters Daily Bag and Possession Limits: 15 issued three tribal tags for geese in order and 20, respectively. to monitor goose harvest. An additional Ducks three tags will be issued each time birds Canvasbacks: The season on Coots are registered. A season quota of 150 canvasback is the same as those Season Dates: Open November 1, birds is adopted. If the quota is reached established by the State of Washington, 2001, close February 8, 2002. before the season concludes, the season under final Federal frameworks, to be Daily Bag and Possession Limits: 20 will be closed at that time. announced. and 30, respectively.
VerDate 11
Geese (t) White Mountain Apache Tribe, Fort within Wildlife Management Units 4, 5, Season Dates: Open November 1, Apache Indian Reservation, Whiteriver, 6, and 7. Tanks located below the 2001, close February 8, 2002. Arizona (Tribal Members and Non- Mogollon Rim, within Wildlife Daily Bag and Possession Limits: tribal Hunters) Management Units 2 and 3, will be open to waterfowl hunting during the 2001– Seven geese and five brant. The Band-tailed Pigeons possession limit for geese and brant are 02 season. The length of the Black River Season Dates: Open September 5, 10 and 7, respectively. east of the Black River/Bonito Creek close September 19, 2001. confluence is closed to waterfowl Mourning Dove Daily Bag and Possession Limits: hunting. All other waters of the Season Dates: Open September 1, Three and six pigeons, respectively. reservation would be closed to close December 31, 2001. Mourning Doves waterfowl hunting for the 2001–02 Daily Bag Limit: 12 mourning dove. season. Season Dates: Open September 5, Tribal members must have the tribal (u) Bois Forte Band of Chippewa, Nett identification and harvest report card on close September 19, 2001. Daily Bag and Possession Limits: 10 Lake, Minnesota (Tribal Members and their person to hunt. Tribal members and 20 doves, respectively. Non-tribal Hunters) hunting on the Reservation will observe all basic Federal migratory bird hunting Ducks (Including Mergansers) Ducks regulations found in 50 CFR. Canvasback: Open October 20, close Canvasbacks (For non-tribal hunters (r) Wampanoag Tribe of Gay Head, November 25, 2001. only): Open October 13, close November Aquinnah, Massachusetts (Tribal Other ducks: Open October 20, 2001, 1, 2001. Members Only) close January 20, 2002. Other ducks: Open September 29, Daily Bag and Possession Limits: Four close November 28, 2001, except Ducks ducks, including no more than three shooting hours on opening day and for Season Dates: Open October 27, 2001, mallards (including no more than one every hunting day for the remainder of and close February 23, 2002. hen mallard), two redheads, one pintail, the season would be one-half hour Daily Bag and Possession Limits: Six and one canvasback (when open). The before sunrise and continue to one-half ducks, including no more than two hen possession limit is twice the daily bag hour after sunset for tribal members. mallards, two black ducks (one black limit. Non-tribal shooting hours will go from duck from December 2 to December 9, one-half hour before sunrise to sunset Coots, Moorhens and Gallinules 2001), two mottled ducks, one fulvous on reservation. whistling duck, four mergansers, three Season Dates: Same as ducks. Daily Bag Limits and Possession scaup, one hooded merganser, two Daily Bag and Possession Limits: 25 Limits: Six ducks, including no more wood ducks, one canvasback, two coots, moorhens, and gallinules, singly than one canvasback (nontribal hunters redheads, one pintail, and one hen or in the aggregate. The possession limit only when the season is open). The eider. The season is closed for harlequin is twice the daily bag limit. possession limit is twice the daily bag limit. ducks. In addition to the daily duck bag Canada Geese limit, a daily bag limit of six teal is The Band’s Conservation Department allowed. Season Dates: Open October 20, 2001, regulates non-tribal harvest limits under close January 20, 2002. the following regulations: (1) Non-tribal Sea Ducks Bag and Possession Limits: Three and hunters must be accompanied at all Season Dates: Open October 27, 2001, six, respectively. times by a Band Member guide; (2) Non- and close February 23, 2002. General Conditions: All non-tribal tribal hunters must have in their Daily Bag Limit: Seven ducks hunters hunting band-tailed pigeons possession a valid small game hunting including no more than four of any one and mourning doves on Reservation license, a Federal migratory waterfowl species. lands shall have in their possession a stamp, and a Minnesota State waterfowl valid White Mountain Apache Daily or stamp; (3) Non-tribal hunters and Band Geese Yearly Small Game Permit. In addition Members must have only Service- Season Dates: Open September 15, to a small game permit, all non-tribal approved non-toxic shot in possession close September 22, 2001, and open hunters hunting band-tailed pigeons at all times; (4) Non-tribal hunters must November 3, 2001, close February 23, must have in their possession a White conform to possession limits established 2002. Mountain Special Band-tailed Pigeon and regulated by the State on Minnesota Daily Bag Limit: 5 Canada geese Permit. Other special regulations and the Bois Forte Band. during the first period, 3 Canada geese established by the White Mountain (v) Confederated Salish and Kootenai during the second period, and 15 snow Apache Tribe apply on the reservation. Tribes, Flathead Indian Reservation, geese. Tribal and non-tribal hunters will Pablo, Montana (Non-tribal Hunters) comply with all basic Federal migratory Woodcock bird hunting regulations in 50 CFR Part Ducks (including mergansers) Season Dates: Open October 13, and 20 regarding shooting hours and manner Canvasbacks: Open September 22–23, close November 17, 2001. of taking. In addition, the area open to 2001, for Youth Waterfowl Season only, Daily Bag and Possession Limits: waterfowl hunting in the above seasons and open September 29, close Three woodcock. consists of: the entire length of the Black November 5, 2001. General Conditions: Shooting hours River west of the Bonito Creek and Other ducks: Open September 29, are one-half hour before sunrise to Black River confluence and the entire 2001, close January 13, 2002. sunset. Non-toxic shot is required. length of the Salt River forming the Daily Bag and Possession Limits: Tribal members will observe all basic southern boundary of the reservation; Seven ducks, including no more than Federal migratory bird hunting the White River, extending from the two hen mallards, one pintail, four regulations contained in 50 CFR part 20. Canyon Day Stockman Station to the scaup, two redheads, and one * * * * * Salt River; and all stock ponds located canvasback (when open). The
VerDate 11
possession limit is twice the daily bag addition, each waterfowl hunter 16 Light Geese limit. years of age or older must carry on his/ Season Dates: Open October 20, 2001, her person a valid Migratory Bird Coots close January 19, 2002, then Open Hunting and Conservation Stamp (Duck February 24, close March 10, 2002. Season Dates: Same as ducks. Stamp) signed in ink across the stamp Daily Bag Limit: 20 geese. Daily Bag and Possession Limits: The face. Special regulations established by daily bag and possession limit is 25. the Jicarilla Tribe also apply on the Youth Waterfowl Hunt Geese; Dark Geese reservation. Season Dates: Open September 29, Season Dates: Open September 29, (x) Klamath Tribe, Chiloquin, Oregon close September 30, 2001. 2001, close January 6, 2002. (Tribal Members Only) Daily Bag Limit: Same as above. General Conditions: All hunters must Daily Bag and Possession Limits: Four Ducks and eight geese, respectively. comply with the basic Federal migratory Season Dates: Open October 1, 2001, bird hunting regulations in 50 CFR part Light Geese close January 28, 2002. 20, including the use of steel shot. Non- Season Dates: Open September 29, Daily Bag and Possession Limits: 9 tribal hunters must possess a validated 2001, close January 6, 2002. and 18 ducks, respectively. Migratory Bird Hunting and Daily Bag and Possession Limits: Conservation Stamp. The Lower Brule Three and six geese, respectively. Coots Sioux Tribe has an official Conservation Season Dates: Same as ducks. Code that hunters must adhere to when Youth Waterfowl Hunt hunting in areas subject to control by Season Dates: September 22–23, 2001. Daily Bag and Possession Limits: 25 the tribe. Daily Bag and Possession Limits: coots. (z) Shoshone-Bannock Tribes, Fort Hall Same as ducks but includes one Geese Indian Reservation, Fort Hall, Idaho canvasback. General Conditions: Non-tribal Season Dates: Same as ducks. (Non-tribal Hunters) hunters must comply with all basic Daily Bag and Possession Limits: 6 Ducks (including Mergansers) Federal migratory bird hunting and 12 geese, respectively. Season Dates: Open October 6, 2001, regulations contained in 50 CFR part 20 General: The Klamath Tribe provides close January 18, 2002. regarding manner of taking. In addition, its game management officers, Daily Bag and Possession Limits: shooting hours are sunrise to sunset, biologists, and wildlife technicians with Seven ducks, including no more than and each waterfowl hunter 16 years of regulatory enforcement authority, and two hen mallards, one pintail, one age or older must carry on his/her has a court system with judges that hear scaup, and two redheads. The season on person a valid Migratory Bird Hunting cases and set fines. canvasbacks is closed. The possession and Conservation Stamp (Duck Stamp) (y) Lower Brule Sioux Tribe, Lower limit is twice the daily bag limit. signed in ink across the stamp face. Brule Reservation, Lower Brule, South Special regulations established by the Mergansers Dakota (Tribal Members and Non-tribal Confederated Salish and Kootenai Hunters) Season Dates: Same as ducks. Tribes also apply on the reservation. Daily Bag and Possession Limits: 5 Ducks (w) Jicarilla Apache Tribe, Jicarilla and 10 mergansers, respectively. Indian Reservation, Dulce, New Mexico Season Dates: Open October 6, 2001, Coots (Tribal Members and Non-tribal close January 10, 2002. Hunters) Daily Bag and Possession Limits: Six Season Dates: Same as ducks. ducks, including no more than five Daily Bag and Possession Limits: 10 Ducks (except canvasbacks but and 20 coots, respectively. including mergansers) mallards (only one of which may be a hen), one pintail, three scaup, one Geese Canvasbacks (Applies to Non-tribal mottled duck, two redheads, and two Season Dates: Open October 6, 2001, hunters only): Open October 6, close wood ducks. The season on canvasbacks close January 11, 2002. November 12, 2001. is closed. The possession limit is twice Daily Bag and Possession Limits: Four Other ducks: Open October 6, close the daily bag limit. November 30, 2001. geese, including not more than three Daily Bag and Possession Limits: The Mergansers light geese or two white-fronted geese. The possession limit is twice the daily daily bag limit is seven, including no Season Dates: Same as ducks. more than two hen mallards, one bag limit. Daily bag Limits: Five, including no pintail, two redheads, four scaup, and more than one hooded merganser. Common Snipe one canvasback (when open). The possession limit is twice the daily bag Canada Geese Season Dates: Same as ducks. limit. Daily Bag and Possession Limits: 8 Season Dates: Open October 20, 2001, and 16 snipe, respectively. Canada Geese close January 22, 2002. General Conditions: Non-tribal Season Dates: Open October 6, close Daily Bag and Possession Limits: hunters must comply with all basic November 30, 2001. Three and six, respectively. Federal migratory bird hunting Daily Bag and Possession Limits: Two White-fronted Geese regulations in 50 CFR part 20 regarding and four, respectively. shooting hours and manner of taking. In General Conditions: Tribal and non- Season Dates: Open October 20, 2001, addition, each waterfowl hunter 16 tribal hunters must comply with all close January 13, 2002. years of age or older must possess a basic Federal migratory bird hunting Daily Bag and Possession Limits: Two valid Migratory Bird Hunting and regulations in 50 CFR part 20 regarding geese. The possession limit is twice the Conservation Stamp (Duck Stamp) shooting hours and manner of taking. In daily bag limit. signed in ink across the stamp face.
VerDate 11
Other regulations established by the Geese Other ducks: Open October 13, close Shoshone-Bannock Tribes also apply on Season Dates: Same as ducks. December 25, 2001. the reservation. Daily Bag and Possession Limits: Daily Bag and Possession Limits: Six ducks, including no more than five (aa) Stillaguamish Tribe of Indians, Seven geese, including seven dark geese mallards (no more than two hen Arlington, Washington (Tribal Members but no more than six light geese. The mallards), two redheads, one pintail, Only) possession limit is twice the daily bag limit. three scaup, two wood ducks, and one Ducks (including mergansers) canvasback (when open). The daily bag Brant Season Dates: Open October 1, 2001, limit for mergansers is five, of which no close January 31, 2002. Season Dates: Same as ducks. more than one can be a hooded Daily Bag and Possession Limits: 5 merganser. The possession limit is twice Daily Bag and Possession Limits: 10 and 10 brant, respectively. the daily bag limit. including no more than five hen mallards, four pintail, four canvasback, On Reservation Coots seven scaup, and five redheads. The Ducks (including mergansers) Season Dates: Same as ducks. possession limit is twice the daily bag Daily Bag and Possession Limits: 15 limit. Season Dates: Open September 15, 2001, close March 9, 2002. and 30 coots, respectively. Geese Daily Bag and Possession Limits: 10 Dark Geese Season Dates: Same as ducks. ducks, including no more than 5 hen mallards, 4 pintail, 4 canvasback, 7 Season Dates: Open October 27, 2001, Daily Bag and Possession Limits: Six scaup, and 5 redheads. The possession close January 31, 2002. and twelve, respectively. The season on limit is twice the daily bag limit. Daily Bag and Possession Limits: brant is closed for conservation Three geese, including no more than measures. Coots one white-fronted goose or brant. The Snipe Season Dates: Same as ducks. possession limits is twice the daily bag Daily Bag and Possession Limits: 25 limit. Season Dates: Same as ducks. coots. Daily Bag and Possession Limits: 10 Light Geese Geese and 20, respectively. Season Dates: Open October 27, 2001, Tribal members hunting on lands Season Dates: Same as ducks. close January 20, 2002. under this proposal will observe all Daily Bag and Possession Limits: Daily Bag and Possession Limits: 20 basic Federal migratory bird hunting Seven geese, including seven dark geese geese, no possession limit. regulations found in 50 CFR part 20, but no more than six light geese. The General Conditions: which will be enforced by the possession limit is twice the daily bag (1) The waterfowl hunting regulations Stillaguamish Tribal Law Enforcement. limit. established by this final rule apply to Tribal members are required to use steel Brant tribal and trust lands within the external shot or a non-toxic shot as required by boundaries of the reservation. Federal regulations. Season Dates: Same as ducks. Daily Bag and Possession Limits: 5 (2) Tribal and non-tribal hunters must (bb) Swinomish Indian Tribal and 10 brant, respectively. comply with all basic Federal migratory Community, LaConner, Washington General Conditions: Steps will be bird hunting regulations in 50 CFR part (Tribal Members Only) taken to limit level of harvest, where it 20 regarding shooting hours and manner of taking. In addition, each waterfowl Off Reservation could be shown that failure to limit such harvest would seriously impact the hunter 16 years of age or older must Ducks (including mergansers) migratory bird resource. Tribal members carry on his/her person a valid Migratory Bird Hunting and Season Dates: Open September 29, hunting on lands under this proposal Conservation Stamp (Duck Stamp) 2001, close February 19, 2002. will observe all basic Federal migratory bird hunting regulations found in 50 signed in ink across the stamp face. Daily Bag and Possession Limits: 10 Special regulations established by the ducks, including no more than 5 hen CFR part 20, which will be enforced by the Swinomish Tribal Fish and Game. Yankton Sioux Tribe also apply on the mallards, 4 pintail, 4 canvasback, 7 reservation. scaup, and 5 redheads. The possession (cc) Yankton Sioux Tribe, Marty, South limit is twice the daily bag limit. Dakota (Tribal Members and Non-tribal Dated: September 19, 2001. Hunters) Joseph E. Doddridge, Coots Acting Assistant Secretary for Fish and Season Dates: Same as ducks. Ducks (including Mergansers) Wildlife and Parks. Daily Bag and Possession Limits: 25 Canvasbacks: Open October 13, close [FR Doc. 01–24291 Filed 9–27–01; 8:45 am] coots. November 6, 2001. BILLING CODE 4310–55–P
VerDate 11
Part IV
Department of Housing and Urban Development
Tribal Government-to-Government Consultation Policy; Notice
VerDate 11
DEPARTMENT OF HOUSING AND Native tribes, and to advance self- self-government, tribal trust resources, and URBAN DEVELOPMENT governance for such tribes. The Indian tribal treaty and other rights. Presidential Memorandum directs each (c) The United States recognizes the right [Docket No. FR–4580–N–01] of Indian tribes to self-government and executive department and agency, to the supports tribal sovereignty and self- Tribal Government-to-Government greatest extent practicable and to the determination. Consultation Policy extent permitted by law, to consult with tribal governments prior to taking II. Definitions AGENCY: Office of the Secretary, HUD. actions that have substantial direct A. ‘‘Consultation’’ means the direct ACTION: Notice. effects on federally recognized tribal and inter-active (i.e., collaborative) governments. In order to ensure that the involvement of tribes in the SUMMARY: Through this notice HUD rights of sovereign tribal governments development of regulatory policies on advises the public of its tribal are fully respected, all such matters that have tribal implications. government-to-government consultation consultations are to be open and candid Consultation is the active, affirmative policy. The purpose of the consultation so that tribal governments may evaluate process of (1) identifying and seeking policy is to enhance communication for themselves the potential impact of input from appropriate Native American and coordination between HUD and relevant proposals. On May 14, 1998, governing bodies, community groups federally recognized Indian tribes, and the President issued Executive Order and individuals; and (2) considering to outline guiding principles and 13084, ‘‘Consultation and Coordination their interest as a necessary and integral procedures under which all HUD with Indian Tribal Governments,’’ part of HUD’s decision-making process. employees are to operate with regard to which was revoked and superseded on This definition adds to any statutorily federally recognized Indian or Alaska November 6, 2000, by the identically mandated notification procedures. The Native tribes. titled Executive Order 13175, which sets goal of notification is to provide an DATES: Effective Date: June 28, 2001. forth guidelines for all federal agencies opportunity for comment; however, FOR FURTHER INFORMATION CONTACT: Ted to (1) establish regular and meaningful with consultation procedures, the L. Key, Acting Deputy Assistant consultation and collaboration with burden is on the federal agency to show Secretary for Native American Indian tribal officials in the that it has made a good faith effort to Programs, Office of Public and Indian development of federal policies that elicit feedback. Housing, U.S. Department of Housing have tribal implications; (2) strengthen B. ‘‘Exigent situation’’ means an and Urban Development, 451 Seventh the United States government-to- unforeseen combination of Street, SW, Room 4128, Washington, DC government relationships with Indian circumstances or the resulting state that 20410; telephone (202) 401–7914 (this is tribes; and (3) reduce the imposition of calls for immediate action in order to not a toll-free telephone number). unfunded mandates upon Indian tribes. preserve tribal resources, rights, Persons with hearing or speech C. This consultation policy applies to interests, or federal funding. C. ‘‘Indian tribe’’ means an Indian or disabilities may access this number via all HUD programs that have substantial Alaska Native tribe, band, nation, TTY by calling the toll free Federal direct effects on federally recognized pueblo, village, or community that the Information Relay Service at 1–800– Indian tribal governments. In Secretary of the Interior acknowledges 877–8339. formulating or implementing such to exist as an Indian tribe pursuant to policies, HUD will be guided by the SUPPLEMENTARY INFORMATION: This the Federally Recognized Indian Tribe fundamental principles set forth in notice sets forth HUD’s tribal List Act of 1994, 25 U.S.C. 479a. government-to-government consultation section 2 of Executive Order 13175, to policy. The purpose of the consultation the extent applicable to HUD programs. III. Principles policy is to enhance communication Section 2 of the Executive Order A. HUD acknowledges the unique and coordination between HUD and provides as follows: relationship between the federal federally recognized Indian tribes, and Sec. 2. Fundamental Principles. In government and Indian tribes. to outline guiding principles and formulating or implementing policies that B. HUD recognizes and commits to a procedures under which all HUD have tribal implications, agencies shall be government-to-government relationship employees are to operate with regard to guided by the following fundamental with Federally-recognized tribes. federally recognized Indian or Alaska principles: C. HUD recognizes tribes as the Native tribes. The policy is as follows: (a) The United States has a unique legal appropriate non-federal parties for relationship with Indian tribal governments making their policy decisions and Department of Housing and Urban as set forth in the Constitution of the United managing programs at the local level for Development States, treaties, statutes, Executive Orders, and court decisions. Since the formation of their constituents. Tribal Government-to-Government the Union, the United States has recognized D. HUD shall take appropriate steps to Consultation Policy Indian tribes as domestic dependent nations remove existing legal and programmatic I. Introduction under its protection. The Federal government impediments to working directly and has enacted numerous statutes and effectively with tribes on housing and A. The United States Government has promulgated numerous regulations that community development programs a unique relationship with American establish and define a trust relationship with administered by HUD. Indian governments as set forth in the Indian tribes. E. HUD shall encourage states and Constitution of the United States, (b) Our Nation, under the law of the United local governments to work with and treaties, statutes, court decisions, and States, in accordance with treaties, statutes, cooperate with tribes to resolve executive orders and memoranda. Executive Orders, and judicial decisions, has problems of mutual concern. B. On April 29, 1994, a Presidential recognized the right of Indian tribes to self- F. HUD shall work with other federal government. As domestic dependent nations, Memorandum was issued reaffirming Indian tribes exercise inherent sovereign departments and agencies to enlist their the federal government’s commitment to powers over their members and territory. The interest and support in cooperative operate within a government-to- United States continues to work with Indian efforts to assist tribes to accomplish government relationship with federally tribes on a government-to-government basis their goals within the context of all HUD recognized American Indian and Alaska to address issues concerning Indian tribal programs.
VerDate 11
G. HUD shall be guided by these recommendations, and to involve tribes b. Process for decision-making. policy principles in its planning and in decision-making and policy c. Process for creating written management activities, including its development. In consultation with products and other decisional budget, operating guidance, legislative elected tribal governments, HUD documents. initiatives, management accountability recognizes tribal advisory organizations/ d. Other items as deemed necessary system and ongoing policy and committees. Consultation shall be by the work group. regulation development processes for all conducted as follows: programs affecting tribes. 1. Headquarters. HUD will consult 4. Work Group Final Products and with existing national organizations. Recommendations. All final IV. Tribal Coordination, Collaboration 2. Area Offices. Each Area ONAP recommendations will be given serious and Consultation Administrator, in consultation with consideration by HUD. Whenever A. Tribal Coordination, Collaboration tribal governments, will consult with possible, all work group products and Consultation applies when any organizations/committees and/or should be circulated to tribal leaders for proposed policies, programs or actions representatives of tribal governments review and comment. are identified by HUD as having a served by the Area ONAP. The tribal V. Rulemaking substantial direct effect on an Indian organizations/committees and/or tribe. The Office of Native American representatives will provide advice and On issues relating to tribal self- Programs (ONAP), within the Office of consultation to the Area ONAP government, tribal trust resources, or Public and Indian Housing, may serve Administrator and staff. Meetings with treaty and other rights, HUD will as the lead Departmental office for the the Area ONAP shall occur at least explore, and where appropriate, use implementation of this policy, and is annually, or more frequently when there consensual mechanisms for developing the principal point of contact for is a need. regulations, including negotiated consultation with tribes on all HUD 3. National/Area Coordination. To rulemaking. HUD may establish a programs. promote coordination in addressing standing committee, consisting of B. Procedures and Methods for issues arising from tribal consultation representatives of tribal governments, to Implementation—Tribal, Regional and events at both the national and local consult on the appropriateness of using National Forums. level, a summary record of the negotiated rulemaking procedures on 1. Based on a government-to- comments made during national and particular matters. The procedures government relationship and in area consultations will be made governing such a standing committee recognition of the uniqueness of each available to tribes. would be established through the tribe, a primary focus for consultation D. Joint Federal/Tribal Work Groups mutual agreement of HUD and tribal activities is with individual tribal or Task Forces. It may become necessary governments. governments. The use of tribal for HUD, to establish or select a work organizations/committees will be in group or task force to develop VI. Unfunded Mandates coordination with, and not to the recommendations on certain issues. The To the extent practicable and exclusion of, consultation with work group or task force may conduct individual tribal governments. When permitted by law, HUD shall not its activities through conventional (e.g., promulgate any regulation that is not proposed federal government policies, telephone and mail), as well as programs or actions are determined by required by statute, that has tribal innovative (e.g., e-mail and video implications, and that imposes HUD as having tribal implications, HUD conferences) means of communication. will notify the affected tribe(s) and take substantial direct compliance costs on 1. Membership and Meeting Notices. such communities, unless: affirmative steps to consult and a. Tribal representation should be collaborate directly with the tribe(s) or consistent with the established standard 1. Funds necessary to pay the direct its (their) designee. Tribes at any time of geographically diverse small, medium costs incurred by the Indian tribal may exercise their right to request and large tribes, whenever possible. government in complying with the consultation with HUD. b. Meetings will be posted on the regulation are provided by the federal 2. Tribes are encouraged to exercise Internet and will be open to the public. government; or their option to convene regional tribal In addition to internet posting, HUD 2. HUD, prior to the formal meetings to identify and address issues. may also announce meetings through promulgation of the regulation: Tribes may schedule quarterly regional FAX, letter, e-mail, publication in the a. Consulted with tribal officials early meetings with HUD representatives to Federal Register, or other appropriate in the process of developing the address issues relevant to HUD policies, means. proposed regulation; regulations, and statutes. 2. Participation. 3. At least one national tribal a. Attendance: Work group members b. In a separately identified portion of consultation and coordination meeting shall make good-faith attempts to attend the preamble to the regulation as it is to will be held by HUD each year. To all meetings. They may be accompanied be issued in the Federal Register, reduce costs and conserve resources, to by other individuals to advise them as provides to the Director of the Office of the extent feasible, tribes and HUD will they deem necessary. Management and Budget a description coordinate consultation meetings to be b. Appointment of Alternates: of the extent of HUD’s prior held before or after other regularly Alternate work group members may be consultation with representatives of scheduled meetings such as multi- appointed by written notification signed affected Indian tribal governments, a agency and association meetings. by the member. Such alternates shall summary of the nature of their concerns C. Tribal Advisory Organizations/ possess the authority of the work group and the agency’s position supporting the Committees. The principal focus for member to make decisions on their need to issue the regulation; and consultation activities of HUD is with behalf if such authority is so delegated c. Makes available to the Director of individual tribal governments. However, to them in writing. the Office of Management and Budget it is frequently necessary that HUD have 3. Work Group Protocols that may be any written communications submitted organizations/committees in place from established. to HUD by such Indian tribal which to solicit tribal advice and a. Roles of the work group members. governments.
VerDate 11
VII. Increasing Flexibility for Indian respond to critical deadlines. These This exemption applies to meetings Tribal Waivers time frames may be compressed in between Federal officials and employees and * * * tribal governments acting through HUD shall review the processes under exigent situations. 3. Methods of Communication. The their elected officers, officials, employees, which Indian tribal governments apply following are examples of and Washington representatives, at which for waivers of statutory and regulatory communication means by which ‘views, information, or advice’ are exchanged requirements and take appropriate steps consultation can be accomplished. The concerning the implementation of to streamline those processes. method(s) of communication used will intergovernmental responsibilities or 1. HUD shall, to the extent practicable be determined by the significance of the administration, including those that arise and permitted by law, consider any consultation matter, the need to act explicitly or implicitly under statute, application by an Indian tribal quickly, and other relevant factors: regulation, or Executive Order. The scope of government for a waiver of statutory or Internet; broadcast fax; U.S. Postal meetings covered by this exemption should regulatory requirements in connection Service; telephone-conference calls; be construed broadly to include meetings with any program administered by HUD multimedia; direct contact; and formal called for any purpose relating to with a general view toward increasing meetings. intergovernmental responsibilities or opportunities for utilizing flexible 4. Reporting Mechanisms. In all cases administration. Such meetings include, but policy approaches at the Indian tribal where a tribe or tribes have been are not limited to, meetings called for the level in cases in which the proposed involved in the consultation process, purpose of seeking consensus, exchanging waiver is consistent with the applicable the tribe(s) shall be notified of the HUD views, information, advice, and/or recommendations; or facilitating any other federal policy objectives and is decision by one or more of the interaction relating to intergovernmental otherwise appropriate. communication method(s) identified 2. HUD shall, to the extent practicable responsibilities or administration. (OMB above. This notification shall Memorandum 95–20 (September 21, 1995), and permitted by law, render a decision specifically include a discussion of the upon a complete application for a pp. 6–7, published at 60 FR 50651, 50653 basis for the HUD decision, including (September 29, 1995)). waiver within 120 days of receipt of public comments received, relationship such application by HUD. HUD shall to the concerns raised in consultation, X. General Provisions provide the applicant with timely and any avenues available for further written notice of the decision and, if the discussion, protest or appeal of the This document has been adopted for application for a waiver is not granted, decisions. the purpose of enhancing government- the reasons for such denial. 5. Internal HUD policies and to-government relationships, 3. This section applies only to procedures are excluded from this communications, and mutual statutory or regulatory requirements that policy. cooperation between the U.S. are discretionary and subject to waiver Department of Housing and Urban by HUD. Applicable civil rights statutes IX. Applicability of the Federal Development and tribes and is not and regulations are not subject to Advisory Committee Act intended to, and does not, create any waiver. The provisions of the Federal right to administrative or judicial Advisory Committee Act (5 U.S.C. App.) review, or any other right or benefit or VIII. Implementation (FACA) do not apply to consultations trust responsibility, substantive or 1. All committees shall be chaired by undertaken pursuant to this policy. In procedural, enforceable by a party at least one tribal and one HUD accordance with section 204(b) of the against the United States, its agencies or representative. Unfunded Mandates Reform Act of 1995 instrumentalities, its officers or 2. Time Frames. Time frames for (Pub. L. 104–4, approved March 22, employees, or any other persons. This consultation outreach will depend on 1995), FACA is not applicable to document is effective on the date it is the need to act quickly. Suggested consultations between the Federal signed. guidelines are not less than 60 days for government and elected officers of Dated: June 28, 2001. significant new matters of national Indian tribal governments (or their scale, 30 days for routine proposed designated employees with authority to Mel Martinez, actions, and 2–3 weeks with expanded act on their behalf). As the Office of Secretary. tribal outreach efforts for proposed Management and Budget stated in its [FR Doc. 01–24268 Filed 9–27–01; 8:45 am] actions which must be ‘‘fast tracked’’ to guidelines implementing section 204(b): BILLING CODE 4210–32–P
VerDate 11
Part V
Department of Housing and Urban Development 24 CFR Part 1000 Revision to Cost Limits for Native American Housing; Final Rule
VerDate 11
DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION Nonetheless, HUD’s responsibility to protect the interests of all tribal grant URBAN DEVELOPMENT I. Statutory Background recipients is of paramount importance. 24 CFR Part 1000 The implementing regulations for the Additionally, the extensive and diverse Native American Housing Assistance [Docket No. FR–4517–F–02] tribal participation in the development and Self-Determination Act of the rule coupled with the low overall RIN 2577–AC14 (NAHASDA) (25 U.S.C. 4101 et seq.) number of comments submitted on the provide for the control of construction proposed rule indicates that the rule Revision to Cost Limits for Native costs through HUD-established Dwelling and its underlying policies are American Housing Construction and Equipment limits, also supported by a majority of the affected AGENCY: Office of the Assistant referred to as DC&Es. (see 24 CFR entities. Secretary for Public and Indian 1000.156). The DC&E limits replaced a Several of the commenters suggested Housing, HUD. limit called Total Development Cost technical changes that did not alter the ACTION: Final rule. (TDC) which included an amount for substance of the proposed rule. These DC&E as well as other costs such as changes were incorporated where SUMMARY: This rule revises HUD’s administration, planning, site appropriate to improve readability or regulations regarding the way acquisition and financing. The tribe/ better explain the policies and construction costs are controlled in the TDHE is responsible for insuring that procedures contained in the rule. For Indian Housing Block Grant (IHBG) the amount of IHBG funds used for each example, one commenter suggested that program administered by IHBG grantees, unit does not exceed the most recently the term ‘‘non-dwelling buildings’’ be who are Indian tribes or their tribally published DC&E limit for the area. changed to ‘‘non-dwelling activities’’ or designated housing entities (TDHEs). In an effort to provide flexibility in ‘‘non-dwelling affordable housing This rule replaces the system of HUD- high cost situations, DC&E standards activities.’’ HUD responded to this established Dwelling Construction and were designed to limit only the hard suggested change by replacing ‘‘non- Equipment costs (DC&Es) with a choice costs of construction within five feet of dwelling building’’ with ‘‘non-dwelling between HUD-established Total the foundation. Nevertheless, tribes/ structure.’’ Another commenter Development Costs (TDCs) or standards TDHEs which began using DC&E limits suggested moving a sentence from 24 established by the tribe/TDHE based on in place of TDC limits in accordance CFR 1000.158 to 1000.156. HUD standards in its geographic area. This with 24 CFR part 1000 discovered that responded by moving the sentence as rule also provides that the construction, the new limits were still inadequate. suggested since the modification acquisition, or assistance of non- II. The April 20, 2000 Proposed Rule improved the clarity of the rule. dwelling structures is either subject to IV. This Final Rule tribally developed standards or to On April 20, 2000 (65 FR 21288), documentation of comparability to the HUD published a proposed rule to For the reasons discussed below, HUD size, design and amenities of similar amend 24 CFR part 1000. The purpose has decided to adopt the April 20, 2000 buildings constructed in the geographic of the proposed rule was to implement proposed rule without significant area. This rule follows an April 20, 2000 changes for dwelling cost limits by change. The following section of the proposed rule and takes into replacing the system of HUD-established preamble contains a discussion of the consideration the public comments DC&E limits with a choice between significant issues raised by the public received on the proposed rule. After HUD-established TDC limits or tribally commenters and HUD’s response to careful consideration of all the public developed standards based on an their comments. assessment of local factors. The comments received on the April 20, V. Discussion of the Public Comments 2000 proposed rule, HUD has decided to proposed rule also provided that the construction, acquisition, or assistance Received on the April 20, 2000 adopt the proposed rule without Proposed Rule significant change. of non-dwelling structures be subject to Comment: Existing DC&E standards DATES: Effective Date: October 29, 2001. tribally developed standards or to are adequate to cover the cost of The information collection requirements documentation of comparability to the constructing affordable residential required by this rule, however, will not size, design and amenities of similar dwellings. If TDC limits are restored, be effective until the Office of buildings constructed in the geographic difficulties will arise in completing the Management and Budget (OMB) area. construction of projects. DC&E approves them under the Paperwork III. Public Comments, Generally standards should be retained. Reduction Act of 1995 and assigns them The public comment period for the HUD Response: The proposed rule a control number. Publication of the proposed rule closed on June 19, 2000. change was initiated at the request of a control number, which will be by HUD received six public comments on large number of Indian tribes and separate Federal Register notice, the proposed rule. The comments were organizations whose past experiences notifies the public that OMB has received from housing authorities, under the rule indicated that DC&E approved these information collection affiliated organizations and a law firm standards created barriers to the requirements. representing a municipality provision of affordable housing. Given FOR FURTHER INFORMATION CONTACT: participating in the IHBG program. the minimal comment on this proposed Bruce Knott, Office of Native American Although the commenters expressed rule, HUD believes that the majority of Programs, at 303–675–1600, extension varying degrees of concern with the tribes and TDHEs agree. 3302, or email him at the following rule, most focus was on the narrow Comment: HUD should allow address: [email protected]. issue of mandatory HUD approval of participants to continue using DC&E Persons with hearing or speech excess construction costs where tribally standards rather than requiring them to impairments may access the above developed alternative standards were in choose between published TDCs or telephone number via TTY by calling place. HUD appreciates the suggestions tribally developed standards since TDCs the Federal Information Relay Service at offered by the commenters and carefully are inadequate in areas with 1–800–877–8339. considered the issues raised by them. particularly high infrastructure costs. If
VerDate 11
it is necessary to reinstate the TDC part 1000, subpart F which describes pursuant to 24 CFR 1000.158(b) and limits for the benefit of a majority of procedures for monitoring of recipients 1000.162(c)—and must request HUD tribes, the rule should allow tribes the and the process for notification, review and approval only in extreme option to use DC&E limits as an discussion and appeal of HUD cost situations. In those situations acceptable alternative. While the option determinations. The rule does contain, where published TDC limits are of allowing tribes to determine their in both 24 CFR 1000.158 and 1000.162, inadequate to develop moderately own TDC limits may appear to be a a narrative description of the process priced housing, the tribe has the solution to the way construction costs and the recordkeeping a tribe must alternative of requesting revised limits are controlled, this option can result in employ when it elects to develop and for an individual project or their local a significant amount of research and use its own written standards. area. Thus, the imposition of the 110% effort on the part of a tribe. Comment: The rule should of TDC threshold for requiring HUD HUD Response: Although specifically address the danger of approval does not significantly curtail infrastructure costs within a housing earthquakes as a consideration in the program flexibility. site are included in TDC limits, the development of written tribal standards. Comment: Remove language in 24 recipient may request an increased cost In order to ensure the safety and CFR 1000.158(c) and 1000.162(a) which limit where necessary for a specific structural integrity of tribal homes and includes ‘‘funding from all sources’’ in dwelling unit or project. The recipient buildings in areas of active geological the maximum development cost. A tribe may also provide documentation to fault lines, the rule needs to require should be allowed to add non- HUD supporting a general increase in standards that address these concerns. NAHASDA funds on top of the TDC and cost limits for their area if the cost of HUD Response: The list of not have these funds included in the developing housing is consistently considerations contained in 24 CFR TDC. Under the prior TDC and DC&E higher than the published cost limits. 1000.158 is not exhaustive. It is guidance, tribes were allowed to Furthermore, the TDC standard intended to provide examples of items exclude donations from TDC contained in the final rule poses no that may be assessed in the formulation consideration. To now include limitation on the cost of infrastructure of written tribal standards. A number of donations in the TDC limit is a outside the boundaries of a housing site. other environmental concerns, such as substantial deviation from all prior Given the ability of recipients to request flooding, hurricanes and permafrost, are practices and guidance. an increase in cost limits where justified not expressly included in the list of HUD Response: Grant recipients are by local conditions, HUD believes that considerations. These areas, along with required under 24 CFR 1000.156 to the potential benefit of maintaining dual the design or retrofitting of structures to develop housing that is moderate in limits is outweighed by the withstand earthquake hazards, are design and under 24 CFR 1000.160 to administrative burden of establishing addressed under generally applicable develop non-dwelling structures that are and enforcing a second set of standards. environmental regulations or other local reasonable and necessary to accomplish Comment: The term ‘‘local’’ should be codes and ordinances. Thus, they need the purpose of the intended building— expressly defined in the rule. This term not be specifically enumerated in the regardless of the source of funds. In the is used throughout the rule and given rule. These factors do, however, fall past, a limited number of recipients the importance of the term for tribal within the listed considerations of have developed housing that was more formulations of written standards for environmental concerns and than moderate in design by providing houses and non-dwelling buildings, mitigations, climate and design and non-HUD funded assistance in addition HUD should define this term. construction features that are reasonable to the published maximum HUD HUD Response: To the maximum and necessary to provide decent, safe, assistance for the project. The language extent allowable under the enabling sanitary and affordable housing. legislation, 24 CFR part 1000 encourages Comment: The requirement for HUD in question merely reiterates that tribes to develop and implement approval of project costs exceeding maximum cost provisions apply to all programs in a regulatory environment 110% of the TDC limit should be units whether assisted in whole or part supportive of self-determination. For the eliminated or, in the alternative, the with NAHASDA funds. purposes of the final rule, the term maximum allowable amount by which VI. Findings and Certifications ‘‘local’’ is given its usual and customary costs may exceed the TDC limit without meaning, referring to the tribe’s general HUD approval should be raised. If the Public Reporting Burden geographic area. tribe is allowed to develop its own The information collection Comment: HUD should describe in standards for modest low income requirements contained in the rule will detail the procedure for reviewing housing, the tribe should be allowed to be submitted to the Office of tribally developed written standards for develop the local costs of these Management and Budget for approval in affordable housing programs. The rule standards. This requirement renders the accordance with the Paperwork should contain provisions for development and adoption of local Reduction Act of 1995 (44 U.S.C. 3501– discussion or negotiation between a standards essentially meaningless. 3520). The OMB approval number, once tribe and HUD before HUD makes a final HUD Response: The provision assigned, will be published in the decision to disapprove or modify tribal requiring HUD approval of project costs Federal Register. An agency may not standards and a specific certification in excess of 110% of the TDC limit was conduct or sponsor, and a person is not process should be included to address added after completion of tribal required to respond to, a collection of those instances when HUD accepts consultation as a result of discussions information unless the collection tribal standards under 24 CFR 1000.158 conducted during pre-publication displays a valid control number. or 1000.162(c). clearance. HUD believes that this HUD Response: The rule does not provision is consistent with the intent of Consultation with Indian Tribal include provisions for HUD’s review the consulting group since it operates Governments and approval of tribally developed for the general protection of all tribes for In accordance with Executive Order standards. HUD’s review of tribally which program funds are being used to 13084, Consultation and Coordination developed standards will, instead, be develop moderately designed housing. With Indian Tribal Governments, issued conducted in accordance with 24 CFR Tribes may still adopt written standards on May 14, 1998, the Department has
VerDate 11
consulted with representatives of tribal governments and the private sector. The local determination of moderate governments concerning the subject of This final rule does not impose a design applies to all housing assisted this rule. As described above, the rule Federal mandate that will result in the under an affordable housing activity, originated from concerns brought to expenditure by State, local, or tribal including development activities (e.g., HUD’s attention by tribal governments in the aggregate, or by the acquisition, new construction, representatives. private sector, of $100 million or more reconstruction, moderate or substantial in any one year. rehabilitation of affordable housing and Impact on Small Entities homebuyer assistance) and model Regulatory Review The Secretary, in accordance with the activities. Acquisition includes Regulatory Flexibility Act (5 U.S.C. The Office of Management and Budget assistance to a family to buy housing. 601–612) has reviewed and approved (OMB) has reviewed this rule under Units with the same number of this final rule and in so doing certifies Executive Order 12866, Regulatory bedrooms must be comparable with that this rule will not have a significant Planning and Review, issued by the respect to size, cost and amenities. economic impact on a substantial President on September 30, 1993. OMB 3. Add new §§ 1000.158, 1000.160, number of small entities. While many determined that this rule is a and 1000.162 to read as follows: TDHEs may be small entities, the effect ‘‘significant regulatory action’’ as of this rule developed in consultation defined in section 3(f) of the Order § 1000.158 How will a NAHASDA grant with tribal representatives, will not be (although not an economically recipient know that the housing assisted under the IHBG program meets the likely to have a significant impact on a significant regulatory action under the requirements of § 1000.156? substantial number of them. As Order). Any changes made in this rule mentioned above, it is expected that as a result of that review are identified (a) A recipient must use one of the fewer than ten TDHEs will be affected in the docket file, which is available for methods specified in paragraph (b) or (c) by this rule. To the extent that small public inspection during regular of this section to determine if an entities will be affected, the impact is business hours in the Regulations assisted housing project meets the expected to be beneficial, as a result of Division, Office of General Counsel, moderate design requirements of the consultation that has taken place. Room 10276, U.S. Department of § 1000.156. For purposes of this Accordingly, the economic impact of Housing and Urban Development, 451 requirement, a project is one or more this final rule is not significant, and it Seventh Street, SW, Washington, DC housing units, of comparable size, cost, will not affect a substantial number of 20410. amenities and design, developed with small entities. assistance provided by the Act. Catalog of Federal Domestic Assistance (b) The recipient may adopt written Environmental Impact The Catalog of Federal Domestic standards for its affordable housing A Finding of No Significant Impact Assistance Program number applicable programs that reflect the requirement with respect to the environment was to 24 CFR part 1000 is 14.867. specified in § 1000.156. The standards made at the proposed rule stage in must describe the type of housing, accordance with HUD regulations at 24 List of Subjects in 24 CFR Part 1000 explain the basis for the standards, and CFR part 50, which implement section Aged, Community development block use similar housing in the Indian tribe’s 102(2)(C) of the National Environmental grants, Grant programs—housing and general geographic area. For each Policy Act of 1969. This finding remains community development, Grant affordable housing project, the recipient applicable to this final rule and is programs—Indians, Indians, Individuals must maintain documentation available for public inspection between with disabilities, Low and moderate substantiating compliance with the the hours of 7:30 a.m. and 5:30 p.m. income housing, Reporting and adopted housing standards. The weekdays in the Regulations Division at recordkeeping requirements. standards and documentation the address stated above. Accordingly, for the reasons described substantiating compliance for each activity must be available for review by Federalism Impact in the preamble, HUD amends 24 CFR part 1000 as follows: the general public and, upon request, by Executive Order 13132 (entitled HUD. Prior to awarding a contract for ‘‘Federalism’’) prohibits an agency from PART 1000—NATIVE AMERICAN the construction of housing or beginning publishing any rule that has federalism HOUSING ACTIVITIES construction using its own workforce, implications if the rule either imposes the recipient must complete a substantial direct compliance costs on 1. The authority citation for part 1000 comparison of the cost of developing or State and local governments and is not continues to read as follows: acquiring/rehabilitating the affordable required by statute, or the rule preempts Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. housing with the limits provided by the State law, unless the agency meets the 3535(d). TDC discussed in paragraph (c) of this consultation and funding requirements 2. Revise § 1000.156 to read as section and may not, without prior HUD of section 6 of the Executive Order. This follows: approval, exceed by more than 10 rule would not have federalism percent the TDC maximum cost for the implications and would not impose § 1000.156 Is affordable housing project. In developing standards under substantial direct compliance costs on developed, acquired, or assisted under the this paragraph, the recipient must State and local governments or preempt IHBG program subject to limitations on cost establish, maintain, and follow policies State law within the meaning of the or design standards? that determine a local definition of Executive Order. Yes. Affordable housing must be of moderate design which considers: moderate design. For these purposes, (1) Gross area; Unfunded Mandates moderate design is defined as housing (2) Total cost to provide the housing; The Unfunded Mandates Reform Act that is of a size and with amenities (3) Environmental concerns and of 1995 (2 U.S.C. 1532) establishes consistent with unassisted housing mitigations; requirements for Federal agencies to offered for sale in the Indian tribe’s (4) Climate; assess the effects of their regulatory general geographic area to buyers who (5) Comparable housing in actions on State, local, and tribal are at or below the area median income. geographical area;
VerDate 11
(6) Local codes, ordinances and support an affordable housing activity, document the following: (i) standards; as defined by the Act. Identification of targeted population to (7) Cultural relevance in design; benefit from the structures; (8) Design and construction features § 1000.162 How will a recipient know that non-dwelling structures assisted under the (ii) Identification of need or problem that are reasonable, and necessary to to be solved; provide decent, safe, sanitary and IHBG program meet the requirements of 1000.160? (iii) Affordable housing activity affordable housing; and provided or supported by the structures; (9) Design and construction features (a) The recipient must use one of the that are accessible to persons with a methods described in paragraph (b) or (iv) Alternatives considered; variety of disabilities. (c) of this section to determine if a non- (v) Provision for future growth and (c) If the recipient has not adopted dwelling structure meets the limitation change; housing standards specified in requirements of § 1000.160. If the (vi) Cultural relevance of design; paragraph (b) of this section, Total recipient develops, acquires, or (vii) Size and scope supported by Development Cost (TDC) limits rehabilitates a non-dwelling structure population and need; published periodically by HUD with funds from NAHASDA and other (viii) Design and construction features establish the maximum amount of funds sources, then the cost limit standard that are accessible to persons with a (from all sources) that the recipient may established under these regulations variety of disabilities; use to develop or acquire/rehabilitate applies to the entire structure. If funds (ix) Cost; and affordable housing. The recipient must are used from two different sources, the (x) Compatibility with community complete a comparison of the cost of standards of the funding source with the infrastructure and services. developing or acquiring/rehabilitating more restrictive rules apply. (c) If the recipient has not adopted the affordable housing with the limits (b)(1) The recipient may adopt written provided by the TDC and may not, program standards specified in standards for non-dwelling structures. paragraph (b) of this section, then it without prior HUD approval, exceed the The standards must describe the type of TDC maximum cost for the project. must demonstrate and document that structures and must clearly describe the the non-dwelling structure is of a cost, § 1000.160 Are non-dwelling structures criteria to be used to guide the cost, size, size, design and with amenities developed, acquired or assisted under the design, features, amenities, performance consistent with similarly designed and IHBG program subject to limitations on cost or other factors. The standards for such constructed structures in the recipient’s or design standards? structures must be able to support the general geographic area. Yes. Non-dwelling structures must be reasonableness and necessity for these of a design, size and with features or factors and to clearly identify the Dated: August 27, 2001. amenities that are reasonable and affordable housing activity that is being Mel Martinez, necessary to accomplish the purpose provided. Secretary. intended by the structures. The purpose (2) When the recipient applies a [FR Doc. 01–24269 Filed 9–27–01; 8:45 am] of a non-dwelling structure must be to standard to particular structures, it must BILLING CODE 4210–33–P
VerDate 11
Part VI
Environmental Protection Agency 40 CFR Part 136 Guidelines Establishing Test Procedures for the Analysis of Pollutants; Whole Effluent Toxicity Test Methods; Proposed Rule
VerDate 11
ENVIRONMENTAL PROTECTION receipt of their comments acknowledged FOR FURTHER INFORMATION CONTACT: For AGENCY should include a self-addressed, regulatory information regarding this stamped envelope. All written proposal, contact Marion Kelly, 40 CFR Part 136 comments must be postmarked or Engineering and Analysis Division [FRL–7069–7] delivered by hand. No facsimiles (faxes) (4303), Office of Science and will be accepted. Hand deliveries Technology, Office of Water, U.S. Guidelines Establishing Test should be delivered to EPA’s Water Environmental Protection Agency, 1200 Procedures for the Analysis of Docket at 401 M Street, SW, Room Pennsylvania Avenue, NW, Washington, Pollutants; Whole Effluent Toxicity EB57, Washington, D.C. 20460. DC 20460 (e-mail: Test Methods Comments may be submitted [email protected]) or call (202) electronically to: [email protected]. 260–7117. For technical information AGENCY: Environmental Protection regarding method changes proposed in Agency (EPA). Electronic comments must be submitted as a Word Perfect 5/6/7/8 file or an today’s rule, contact Teresa J. Norberg- ACTION: Proposed rule. ASCII file, avoiding the use of special King, National Health and Environmental Effects Research SUMMARY: characters and any form of encryption. Today, EPA proposes to ratify Laboratory, Mid-Continent Ecology Comments and data also will be its approval of several analytic test Division, Office of Research and accepted on disks in WordPerfect 5/6/7/ procedures measuring ‘‘whole effluent Development, U.S. Environmental 8 or ASCII file format. Electronic toxicity,’’ which the Agency Protection Agency, 6201 Congdon comments on this proposed rule may be standardized in an earlier rulemaking. Boulevard, Duluth, MN 55804 (e-mail: filed online at any Federal Depository Today’s proposal also would modify [email protected]) or call Library. All electronic comments must some of those test procedures. EPA is (218) 529–5163. proposing today’s notice to satisfy be identified by docket number (WET– obligations in a settlement agreement IX). Electronic comments will be SUPPLEMENTARY INFORMATION: designed to resolve litigation over that transferred into a paper version for the Potentially Regulated Entities earlier rulemaking. The proposed official record. EPA will attempt to EPA Regions, as well as State, changes are intended to improve the clarify electronic comments if there is Territories and Tribes authorized to performance of whole effluent toxicity an apparent error in transmission. implement the National Pollutant (WET) tests, and thus increase The record for this rulemaking has Discharge Elimination System (NPDES) confidence in the reliability of the been established under docket number program, issue permits that comply with results obtained using the test WET–IX. A copy of the supporting the technology-based and water quality- procedures. documents cited in this proposal is based requirements of the Clean Water DATES: Comments on this proposal must available for review at EPA’s Water Act. In doing so, the NPDES permitting be postmarked, delivered by hand, or Docket, East Tower Basement (Room EB authority, including authorized States, electronically mailed on or before 57), 401 M Street, SW, Washington, DC Territories, and Tribes, make a number November 27, 2001. Comments 20460. For access to docket materials, of discretionary choices associated with provided electronically will be call (202) 260–3027 on Monday through permit writing, including the selection considered timely if they are submitted Friday, excluding Federal holidays, of pollutants to be measured and, in electronically by 11:59 p.m. Eastern between 9:00 a.m. and 3:30 p.m. EST to many cases, limited in permits. If EPA Standard Time (EST) on November 27, schedule an appointment. has ‘‘approved’’ (i.e., promulgated 2001. This Federal Register document has through rulemaking) standardized ADDRESSES: Send written or electronic been placed on the Internet for public testing procedures for a given pollutant, comments on the proposed rule to review and downloading at the the NPDES permitting authority must ‘‘Whole Effluent Toxicity (WET) Test following location: http://www.epa.gov/ specify one of the approved test Method Changes’’ Comment Clerk fedrgstr/. The final report of EPA’s WET procedures or an approved alternate test (WETEU–IX); Water Docket (4101); Interlaboratory Variability Study, procedure for the measurements Environmental Protection Agency; Ariel Volumes 1 and 2 (USEPA, 2001a; required under the permit. In addition, Rios Building; 1200 Pennsylvania USEPA, 2001b) and the document titled, when a States, Territory, or authorized Avenue, NW; Washington, DC—P Proposed Changes to Whole Effluent Tribe provides certification of Federal 20460. EPA requests that commenters Toxicity Method Manuals (USEPA, licenses under CWA section 401, submit copies of any references cited in 2001d), which is referenced in today’s measurements required by such comments. Commenters also are rule and provides details of proposed certifications must be made using the requested to submit an original and changes, also are available on the approved testing procedures. Categories three copies of their written comments Internet at http://www.epa.gov/ and entities that may be regulated and enclosures. Commenters that want waterscience/WET. include:
Category Examples of potentially affected/regulated entities
States, Territorial, and Indian Tribal Governments ...... States, Territories, and Tribes authorized to administer the NPDES per- mitting program; States, Territories, and Tribes that certify Federal li- censes.
This table is not intended to be aware could potentially be regulated by to a particular entity, consult the exhaustive, but rather provides a guide this action. Other types of entities not persons listed in the preceding FOR for readers regarding entities likely to be listed in the table also could be FURTHER INFORMATION CONTACT section. regulated by this action. This table lists regulated. If you have questions the types of entities that EPA is now regarding the applicability of this action
VerDate 11
Outline of Preamble pollutants in toxic amounts.’’ Section methods for estimating chronic toxicity. I. Statutory Authority 301 of the Act prohibits the discharge of These methods measure the toxicity of II. Regulatory Background any pollutant into navigable waters effluents and receiving waters to III. Explanation of Today’s Action unless the discharge complies with a freshwater, marine, and estuarine A. Introduction National Pollutant Discharge organisms. Acute methods (USEPA, B. Proposed Method Changes Elimination System (NPDES) permit, 1993b) generally use death of the test 1. Updates issued under section 402 of the Act. organisms during 24 to 96 hour a. Incorporation of Previous Addenda and Section 304(h) of the Act requires the exposure durations as the measured Errata Administrator of the EPA to effect of an effluent or receiving water. b. Update of Method Precision Data ‘‘promulgate guidelines establishing test 2. Minor Corrections and Clarifications The short-term methods for estimating 3. Specific Stakeholder Concerns procedures for the analysis of pollutants chronic toxicity (USEPA, 1994a; a. Blocking by Known Parentage that shall include the factors which USEPA, 1994b) use longer durations of b. pH Drift must be provided in any certification exposure (up to nine days) to ascertain c. Concentration-Response Relationships pursuant to section 401 of this Act or the adverse effects of an effluent or d. Nominal Error Rates permit applications pursuant to section receiving water on survival, growth, e. Confidence Intervals 402 of this Act.’’ Section 501(a) of the and/or reproduction of the organisms. f. Dilution Series Act authorizes the Administrator to g. Dilution Waters For this rulemaking notice, the short- ‘‘prescribe such regulations as are term methods for estimating chronic h. Pathogen Interference necessary to carry out his function C. Ratification or Withdrawal of Methods toxicity will be referred to as chronic 1. WET Variability Study under this Act.’’ methods for ease of notation. 2. Ceriodaphnia dubia Acute Test, II. Regulatory Background Standardized test procedures for Ceriodaphnia dubia Survival and Reproduction Test, Fathead Minnow Standardized analytical procedures conducting the approved acute and Acute Test, Fathead Minnow Larval for monitoring and reporting required in chronic WET tests are provided in the Survival and Growth Test, Sheepshead NPDES permits (40 CFR part 122, following three method manuals, which Minnow Acute Test, Sheepshead §§ 122.21, 122.41, 122.44, and 123.25), were incorporated by reference in the Minnow Larval Survival and Growth and in the implementation of the WET final rule: Methods for Measuring Test, and Inland Silverside Acute Test pretreatment standards issued under the Acute Toxicity of Effluents and 3. Inland Silverside Larval Survival and section 307 of the Act (40 CFR part 403, Receiving Water to Freshwater and Growth Test §§ 403.10 and 402.12) appear at 40 CFR 4. Champia parvula Reproduction Test Marine Organisms, Fourth Edition, 5. Mysidopsis bahia Survival, Growth, and part 136. There may be discharges that August 1993, EPA/600/4–90/027F Fecundity Test require limitations for certain (acute method manual); Short-Term 6. Selenastrum capricornutum Growth Test parameters using test procedures not yet Methods for Estimating the Chronic 7. Holmesimysis costata Acute Test approved under 40 CFR part 136. Under Toxicity of Effluents and Receiving IV. Regulatory Requirements 40 CFR 122.41(j)(4) and 122.44(i)(1)(iv) Water to Freshwater Organisms, Third A. Executive Order 12866—Regulatory permit writers may include, through Edition, July 1994, EPA/600/4–91/002 Planning and Review permit proceedings, parameters (freshwater chronic method manual); B. Unfunded Mandates Reform Act requiring the use of test procedures that and Short-Term Methods for Estimating C. Regulatory Flexibility Act (RFA), as are not approved part 136 methods. EPA Amended by the Small Business the Chronic Toxicity of Effluents and Regulatory Enforcement Fairness Act of also may include such parameters in Receiving Water to Marine and 1996 (SBREFA), 5 U.S.C. 601 et seq. accordance with the provisions Estuarine Organisms, Second Edition, D. Paperwork Reduction Act prescribed at 40 CFR 401.13, ‘‘Test July 1994, EPA/600/4–91/003 (marine E. National Technology Transfer and Procedures for Measurements.’’ Permits chronic method manual). Advancement Act may include, for example, effluent After promulgation of the WET F. Executive Order 13045—Protection of limitations for WET using standardized methods, a variety of parties filed suit Children From Environmental Health testing procedures other than those challenging the EPA rulemaking (Edison Risks and Safety Risks published at 40 CFR part 136 that are Electric Institute v. EPA, No. 96–1062 G. Executive Order 13175—Consultation approved for nationwide use. In such and Coordination With Indian Tribal (D.C. Cir.); Western Coalition of Arid cases, use of the particular test species Governments States v. EPA, No. 96–1124; Lone Star and test protocols would remain subject H. Executive Order 13132—Federalism Steel Co. v. EPA, No. 96–1157 (D.C. I. Executive Order 13211—Energy Effects to challenge on a case-by-case basis in permit proceedings (except, for Cir.)). To resolve that litigation, EPA J. Plain Language Directive entered into settlement agreements with V. Request for Comments and Available Data example, if an authorized State A. pH Drift conducted rulemaking to standardize a the various parties. EPA proposes B. Percent Minimum Significant Difference particular testing procedure applicable actions today to fulfill obligations under C. Other Method Modifications within the State). some of those settlement agreements. VI. References In 1995, EPA amended the In February 1999, EPA published a ‘‘Guidelines Establishing Test technical corrections notice that I. Statutory Authority Procedures for the Analysis of incorporated into the WET final rule an Today’s proposal is pursuant to the Pollutants,’’ 40 CFR part 136, to add a errata document to correct minor errors authority of sections 101(a), 301, 304(h), series of standardized whole effluent and omissions, provide clarification, 402, and 501(a) of the Clean Water Act toxicity (WET) test methods to the list and establish consistency among the (CWA), 33 U.S.C. 1251(a), 1311, of Agency approved methods for CWA WET final rule and method manuals (64 1314(h), 1342, 1361(a) (the ‘‘Act’’). data gathering and compliance FR 4975; February 2, 1999). Further Section 101(a) of the Act sets forth the monitoring programs (60 FR 53529; background on the WET test methods ‘‘goal of restoring and maintaining the October 16, 1995) (WET final rule). The and these technical documents are chemical, physical, and biological WET final rule amended 40 CFR 136.3 included in the Federal Register notices integrity of the Nation’s waters’’ and (Tables IA and II) by adding acute cited above (60 FR 53529 and 64 FR prohibits ‘‘the discharge of toxic toxicity methods and short-term 4975).
VerDate 11
III. Explanation of Today’s Action 1994b) incorporated by reference in the today into the text of new editions of WET rule (60 FR 53529; October 16, each of the WET method manuals. A. Introduction 1995) and amend the ‘‘Guidelines B. Proposed Method Changes Today’s proposal would make a Establishing Test Procedures for the number of revisions to the currently Analysis of Pollutants’’ (40 CFR part Today, EPA proposes to revise each of approved WET test methods. See 136) to reference the updated editions of the WET method manuals (USEPA, section III.B. Also in today’s action, EPA the method manuals. Modifications to 1993b; USEPA, 1994a; USEPA, 1994b). presents final results of an the method manuals are intended to Proposed method changes include: (1) interlaboratory variability study of WET update the methods, provide additional updates to the methods, (2) minor test methods and, based on these minor corrections and clarifications, corrections and clarifications, and (3) results, proposes to ratify 11 of the 12 and address specific stakeholder modifications to address specific methods evaluated in the study (see concerns (see Section III.B). EPA stakeholder concerns. These method section III.C). Today’s proposal requests proposes to update the methods (1) by changes are described in Sections 1 public comment on the inclusion of incorporating previous method addenda through 3 below and are detailed in the additional technical changes to the and errata and (2) by revising method document titled, Proposed Changes to approved WET test methods and on precision statements to reflect results Whole Effluent Toxicity Method EPA’s proposal to ratify 11 of 12 WET from recent EPA studies (USEPA, Manuals (USEPA, 2001d), which is test methods. 2000d; USEPA, 2001a). In addition to included in the docket supporting Although today’s action fulfills corrections identified in previous today’s rule and is available online at portions of settlement agreements method addenda and errata, EPA http://www.epa.gov/waterscience/WET. resolving litigation over the 1995 WET proposes to correct other minor 1. Updates test method rulemaking, EPA technical errors and omissions. EPA acknowledges that some stakeholders also seeks comment on an additional a. Incorporation of Previous Addenda still have significant concerns related to modification to WET test methods that and Errata implementation of WET control would require the application of upper strategies through NPDES permits. By Subsequent to promulgating the WET and lower bounds on the percent today’s proposal, EPA intends to focus final rule in 1995, EPA issued several minimum significant difference (PMSD) only on analytic testing methodologies documents to correct and amend that calculated in WET tests (see section to measure WET, not on WET rule and its supporting documentation. V.B). implementation generally. Specifically, in February 1999, EPA Since the 1995 WET final rule, EPA EPA also proposes method revisions published a final rule that incorporated and authorized States have taken in response to specific stakeholder into the WET rule an errata document additional actions to improve and concerns. Specifically, these revisions (USEPA, 1999a) to correct minor errors enhance implementation of WET include: requiring ‘‘blocking’’ by known and omissions in the WET method control strategies. EPA, for example, has parentage in the Ceriodaphnia dubia manuals (64 FR 4975; February 2, 1999). published additional guidance on the Survival and Reproduction Test; adding In addition, a 1996 addenda document conduct of a toxicity identification procedures to control pH drift that may (USEPA, 1996a) revised the 1993 acute evaluation (TIE) and a toxicity reduction occur during testing; incorporating method manual (USEPA, 1993b). Today, evaluation (TRE), as well as guidance on review procedures for the evaluation of EPA proposes to incorporate the the circumstances that trigger such concentration-response relationships; changes noted in the errata and the evaluations (USEPA, 1999c; USEPA, clarifying allowable nominal error rate addenda documents into the text of the 2001g). adjustments; clarifying limitations in appropriate method manuals by issuing Other questions have arisen about the the generation of confidence intervals; revised editions of each of the three significance of EPA action to adding guidance on dilution series method manuals. EPA plans to issue the standardize WET testing procedures selection; clarifying dilution water revised editions when it takes final through rulemaking. For example, some acceptability; and adding procedures for action on this proposal. The stakeholders question whether, by determining and minimizing the impact incorporation of the errata and addenda promulgating WET test methods, EPA of pathogens in the Fathead Minnow into the method manual text would not has published recommended water Survival and Growth Test. These are further alter the methods. This action quality criteria (pursuant to CWA summarized below in section III.B and would simply assist users of the method section 304(a)) for ‘‘toxicity.’’ To detailed in the document titled, manuals by incorporating all previous respond and clarify, EPA’s Proposed Changes to Whole Effluent corrections into updated editions. promulgation of WET test procedures Toxicity Method Manuals (USEPA, b. Update of Method Precision Data are not water quality criteria 2001d). Proposal of these revisions recommendations under section 304(a). partially fulfills the requirements of two Since publishing the WET method When States develop and implement settlement agreements between manuals, EPA has conducted two large- water quality standards, including stakeholders and EPA (Edison Electric scale studies of WET test method narrative water quality criteria, States Institute, et al. v. EPA, No. 96–1062 & precision. During 1999 and 2000, EPA should translate those criteria into consolidated case (D.C. Cir.), Settlement conducted an interlaboratory variability measurable expressions of toxicity. The Agreement, July 24, 1998; Lone Star study (the WET Variability Study) of 12 test methods themselves are not per se Steel v. EPA, No. 96–1157 (D.C. Cir.), of the 17 WET test methods translators of the narrative criterion: ‘‘no Settlement Agreement, March 4, 1998). promulgated at 40 CFR part 136. This toxics in toxic amounts.’’ The test EPA requests public comment on the study generated data from more than methods are merely the measurement proposed changes to the WET test 700 blind samples tested in 55 tools according to which such criteria methods and on the proposal to ratify laboratories. EPA published may be translated. the WET test methods (see section V). interlaboratory precision results from Today’s proposed revisions include When EPA takes final action on today’s the WET Variability Study in 2000 changes to the three method manuals proposal, the Agency intends to (USEPA, 2000b; USEPA, 2000c) and (USEPA, 1993b; USEPA, 1994a; USEPA, incorporate the modifications proposed submitted the study results for expert
VerDate 11
peer review in 2001 (USEPA, 2001c). and EPA proposes to correct additional identified as males. If less than 50% of Following expert peer review, EPA minor errors and omissions that become surviving organisms in a block are published a final study report (USEPA, apparent during the correcting or identified as males, only those males 2001a; USEPA, 2001b). revising of sections of the WET method would be excluded from the In addition to the WET Variability manuals. reproduction analysis. The proposed Study, EPA conducted a study of changes also would stipulate that a test 3. Specific Stakeholder Concerns intralaboratory WET test precision is invalid if fewer than eight replicates based on routine laboratory reference Today, EPA also proposes to modify remain in the control after excluding toxicant test data. EPA compiled a the WET method manuals to address individual males and necessary blocks database of more than 1,800 reference specific stakeholder concerns. The (i.e., those having 50% or more of toxicant tests conducted for 23 different proposed modifications are summarized surviving organisms identified as methods between 1988 and 1999 in 75 in Sections a through h below and are males). The specifics of all proposed laboratories. EPA used this database to detailed in the document titled, method manual changes related to quantify estimates of precision for each Proposed Changes to Whole Effluent blocking by known parentage are of the WET methods. EPA published Toxicity Method Manuals (USEPA, detailed in the document titled, this precision data and additional 2001d), which is included in the docket Proposed Changes to Whole Effluent guidance on reducing method supporting today’s rule and is available Toxicity Method Manuals (USEPA, variability in a guidance document online at http://www.epa.gov/ 2001d). titled, Understanding and Accounting waterscience/WET. Proposal of these Blocking by known parentage for Method Variability in Whole revisions partially fulfills the provides at least two benefits to the Effluent Toxicity Applications Under requirements of two settlement performance of the Ceriodaphnia dubia the National Pollutant Discharge agreements between stakeholders and Survival and Reproduction Test Elimination System Program (USEPA, EPA (Edison Electric Institute, et al. v. (USEPA, 2001e). First, this technique of 2000d) (the Variability Guidance EPA, Settlement Agreement, July 24, test organism allocation ensures that Document). 1998; Lone Star Steel v. EPA, Settlement any ‘‘brood effect’’ is evenly distributed In today’s action, EPA proposes to Agreement, March 4, 1998). among the test treatments. Brood effects modify the WET method manuals by a. Blocking by Known Parentage include differences in organism updating statements and inserting tables fecundity or sensitivity that may be regarding the multi-laboratory EPA proposes to amend the attributed to the health or genetics of the (interlaboratory) and single-laboratory Ceriodaphnia dubia Survival and parent organism. Blocking by known (intralaboratory) precision of the Reproduction Test (section 13 of parentage minimizes any potential bias methods using data from the WET USEPA, 1994a) to require that test that may be caused by one test treatment Variability Study and the Variability organisms be allocated using ‘‘blocking receiving an inordinate number of Guidance Document. Results from these by known parentage.’’ Blocking by underperforming (or overperforming) two studies represent the most current known parentage is a block young from the same parent organism. and complete data available on randomization technique for allocating In an analysis of 389 tests from EPA’s intralaboratory and interlaboratory test organisms among test chambers reference toxicant test database (USEPA, precision of WET test methods. The such that offspring from a single female 2000d) and 102 tests from EPA’s WET proposed changes would modify the are distributed evenly among the test Variability Study (USEPA, 2001a), 9% chronic method manuals (USEPA, treatments (one per treatment). In this and 25% of tests, respectively, showed 1994a; USEPA, 1994b) by revising arrangement, a block consists of the set statistically significant (alpha = 0.05) subsections on precision and accuracy of six test chambers (one for each test block effects on the reproduction for several test methods. The proposed treatment) containing organisms derived endpoint (USEPA, 2001e). This means changes also would modify Section 4 from a single female parent. that, for these tests, the number of (Quality Assurance) of each of the Currently, the promulgated method offspring produced by test organisms method manuals (USEPA, 1993b; describes a blocking by known was significantly affected by the USEPA, 1994a; USEPA, 1994b) to parentage procedure for use in test parental source of those test organisms. update statements on test method setup, but the method does not require The blocking by known parentage variability and precision. The specifics the use of this procedure. Today’s technique distributes this effect evenly of the proposed method manual changes proposal would require the use of across the test treatments to ensure that related to updating precision statements blocking by known parentage by using observed differences in reproduction are detailed in the document titled, compulsory terms such as ‘‘must’’ and between treatments are due to the effect Proposed Changes to Whole Effluent ‘‘shall.’’ The procedure described for of the treatment and not the parental Toxicity Method Manuals (USEPA, test setup in the current promulgated source of test organisms. 2001d). method would be retained as an A second benefit of blocking by example of how blocking by known known parentage would be that it 2. Minor Corrections and Clarifications parentage may be accomplished. provides a means of minimizing the In addition to the incorporation of In association with a blocking by impact of male production on test changes identified in the 1999 errata known parentage requirement, today’s performance. In healthy cultures, (USEPA, 1999a) and the acute manual proposal also would add guidance on Ceriodaphnia dubia generally reproduce addenda (USEPA, 1996a), EPA proposes the treatment of males that may occur in parthenogenetically to produce cloned to correct additional minor errors and tests. The proposed changes would females for use in testing. Under omissions in the WET method manuals. require exclusion of an entire block conditions of environmental stress, All of the minor corrections and from reproduction analysis (i.e., however, cladocerans (such as clarifications identified to date are calculation of the no observed effect Ceriodaphnia dubia and Daphnia detailed in the document titled, concentration for reproduction and the magna) are known to produce males Proposed Changes to Whole Effluent 25% inhibition concentration for (Pennak, 1989), which can negatively Toxicity Method Manuals (USEPA, reproduction) when 50% or more of the affect the performance of toxicity tests 2001d). This list may not be exhaustive, surviving organisms in that block are designed to measure reproductive
VerDate 11
effects (Haynes et al., 1989). When using in blank samples. Ninety percent of ammonia in the un-ionized form blocking by known parentage, males Ceriodaphnia dubia Survival and increases (USEPA, 1994a; Emerson et produced by a given brood female are Reproduction Tests (126 tests) al., 1975). Because the un-ionized form contained within a single block of the experienced absolute pH drift (up or of ammonia (NH3) is significantly more ∂ test rather than randomly scattered down) of less than 0.7 units, and 90% toxic than the ionized form (NH4 ), throughout the test. If a large number of of Fathead Minnow Larval Survival and toxicity increases as pH increases. For males are produced from a given brood Growth Tests (105 tests) experienced metals, toxicity may increase or female, the associated block may be absolute pH drift of less than 0.5 units. decrease with increasing pH. Lead and removed from the analysis of While pH drift was relatively mild for copper were found to be more acutely reproduction, thereby minimizing the most samples analyzed in the WET toxic at pH 6.5 than at pH 8.0 or 8.5, effect of those males on the test. Variability Study (USEPA, 2001a), other while nickel and zinc were more toxic Blocking by known parentage also effluent samples may routinely exhibit a at pH 8.5 than at pH 6.5 (USEPA, 1992). allows the source of males to be greater degree of pH drift. For example, pH-dependent toxicity is likely to be identified, so that potential problems municipal wastewater from Publicly- affected by temperature, dissolved with culture health can be more easily Owned Treatment Works (POTW) is oxygen, CO2 concentrations, and total isolated. typically discharged at a pH of 7.2–7.4, dissolved solids (USEPA, 1992). When but the pH may equilibrate after contact pH-dependent compounds are present b. pH Drift with air and stabilize at 8.0–8.5 at concentrations near the threshold for During the conduct of static or static- (USEPA, 1992). In a 1998 survey of 433 toxicity, pH drift during WET testing renewal WET tests, the pH in test POTWs, 39% of respondents indicated may produce artifactual toxicity, or containers may fluctuate or drift from that upward drift of effluent sample pH toxicity that would not have been the initial pH value. This pH drift may had been observed during acute or observed if the initial test pH had been be upward or downward depending chronic WET testing (DeGraeve et al., maintained. upon test conditions and sample 1998). Upward pH drift in POTW In addition to the issue of pH drift characteristics. For instance, the effluent is generally caused by affecting toxicity in the presence of pH- addition of food substances such as dissipation of CO2 from the sample. dependent compounds, stakeholders algae may cause a decrease in pH, while Biological treatment often produces an have raised concerns about daily pH the loss of carbon dioxide (CO2) from effluent that is supersaturated with CO2. drift and sample renewal cycles supersaturated effluent samples may As dissolved CO2 in the supersaturated producing toxicity even in the absence cause an increase in pH. A change in pH sample equilibrates with the of pH-dependent compounds. The during testing means that an effluent atmospheric CO2 concentration, CO2 is circumstance of concern would be in sample might be tested for toxicity at a lost from the sample. Because dissolved static-renewal tests, where the pH may different pH than the effluent sample CO2 acts as a weak acid, pH increases change between the time test organisms pH at the point of discharge. Under as CO2 is lost. In cases where pH drift are placed into the test solutions and the certain circumstances, this pH drift is due to the effluent characteristics, the time at which the test solution is could influence sample toxicity and be degree of drift will be greatest in the renewed. At renewal, the pH of test considered a test interference. For this 100% effluent concentration and will solutions may be quickly returned to the reason, EPA is proposing to provide decrease with decreasing test initial sample pH. For chronic tests that guidance in the chronic method concentrations. require daily renewal, a daily cycle of manuals (USEPA, 1994a; USEPA, EPA does not consider pH drift alone pH drift and renewal may be 1994b) on how to identify if pH drift is to be an interference in WET testing if established. Stakeholders expressed a test interference and how to control pH is within the organism’s tolerance concern that, if the difference in pH test pH if artifactual toxicity due to pH range (typically pH 6 to 9). Belanger and between the test solution and the drift is confirmed. Cherry (1990) showed that Ceriodaphnia renewal solution is great, these For most tests, the range of pH drift dubia survival and reproduction did not adjustments in pH at renewal may cause is small, is well within the organisms’ differ significantly in receiving water shock to the test organisms. Because the tolerance range, and does not interfere tests conducted at pH values ranging control treatment does not always with the analysis of whole effluent from 6 to 9. The degree of pH drift experience the same pH drift as effluent toxicity. In EPA’s WET Variability typically observed in effluent samples treatments, any shock resulting from Study (USEPA, 2001a), daily pH drift in should generally only interfere with test daily renewal would be experienced blank samples averaged only +0.1 units results if the sample contains a only in effluent treatments and (with a range of ¥0.3 to +0.8 among 35 compound with toxicity that is pH artifactual toxicity could result. In a tests) in the Ceriodaphnia dubia dependent and at a concentration that is 1998 settlement agreement with these Survival and Reproduction Test and near the toxicity threshold. Compounds stakeholders (Edison Electric Institute, ¥0.1 units (with a range of ¥1.4 to +0.7 with pH-dependent toxicity are those et al. v. EPA, Settlement Agreement, among 25 tests) in the Fathead Minnow with chemical characteristics that allow July 24, 1998), EPA agreed to propose Larval Survival and Growth Test. For sufficient differences in dissociation, changes to the WET methods that would effluent samples (municipal wastewater solubility, or speciation to occur within provide methodological solutions for spiked with KCl) analyzed in EPA’s a physiologically tolerable pH range of controlling pH drift. WET Variability Study, pH drift in the 6 to 9 (Schubauer-Berigan et al., 1993). Currently, the WET method manuals 100% sample increased slightly for the Examples of such compounds include (USEPA, 1993b; USEPA, 1994a; USEPA, Ceriodaphnia dubia Survival and ammonia, metals, hydrogen sulfide, 1994b) provide guidance for effluent Reproduction Test, averaging +0.3 units cyanide, and ionizable organics. samples that arrive (i.e., at the testing (with a range of ¥0.2 to +1.1 among 28 Ammonia, for instance, is very common laboratory prior to testing) with a pH tests). For the Fathead Minnow Larval in effluent samples, and its toxicity outside of the 6.0 to 9.0 range. This Survival and Growth Test, daily pH drift changes sharply within the typical range represents the general organism in effluent samples averaged ¥0.1 units effluent pH range of 7 to 8.5. As pH tolerance range, so pH values outside of (with a range of ¥0.6 to +0.4 among 28 increases and the temperature is held this range may produce toxic effects due tests), the same degree of drift observed relatively constant, the percent of total to pH alone. For samples that arrive
VerDate 11
with a pH outside of this range, the adjusting and controlling pH in chronic testing or flow-through testing when current method manuals require tests. artifactual toxicity due to pH drift is adjustment of the sample to pH 7 for The CO2-controlled atmosphere suspected. EPA invites comments on freshwater testing or pH 8 for marine technique that is proposed for pH how pH drift would and should be testing. The method manuals also control in chronic tests is conducted addressed in WET testing (see Section suggest brief aeration of samples prior to using enclosed test chambers with CO2 V.A). use if dissolved oxygen levels are not at injected into the headspace above the c. Concentration-Response or near saturation. Aeration provides the test solution (USEPA, 1991a; USEPA, Relationships benefit of bringing other dissolved gases 1992; USEPA, 1996c; Mount and Mount, (e.g., CO2) into equilibrium with the 1992). An enriched-CO2 environment The concentration-response atmosphere and stabilizing pH, but use increases the dissolution of CO2 into the relationship established between the of aeration should be minimized to sample, which acts as a weak acid to concentration of a toxicant and the reduce the loss of volatile chemicals. prevent pH increases. This technique magnitude of the response is a In 1996, EPA issued additional uses the natural carbonate buffering fundamental principle of toxicology. guidance on ammonia and pH control in system to control pH and requires This principle assumes that there is a chronic testing (USEPA, 1996b). This minimal alteration of the sample. This causal relationship between the dose of guidance recognized that the analyst has technique is one method recommended a toxicant (or concentration for toxicants flexibility to control artifactual toxicity for adjusting pH in toxicity in solution) and a measured response. A caused by pH drift in chronic tests identification evaluations (TIEs) response may be any measurable provided that the analyst verifies that (USEPA, 1991a; USEPA, 1992; USEPA, biochemical or biological parameter that the source of toxicity is, in fact, 1996c). is correlated with exposure to the artifactual. To verify that the toxicity is In acute testing, the proposed method toxicant. The classical concentration- artifactual, EPA recommended parallel changes would recommend the use of response relationship is depicted as a testing using one test with an adjusted static-renewal testing or flow-through sigmoidal-shaped curve with pH and one test without an adjusted pH. testing when artifactual toxicity due to detrimental responses increasing as the If toxicity is removed or reduced when pH drift is suspected. The use of static- concentration of the toxicant increases. pH is adjusted, the source of toxicity renewal testing may reduce the degree Not all concentration-response could be artifactual and pH could be of pH drift (compared to static non- relationships, however, are represented controlled in the testing of the effluent. renewal tests), and flow-through testing by the classical sigmoidal-shaped curve. This guidance acknowledged that pH should eliminate pH drift that could A corollary of the concentration- could be controlled during testing with occur due to static testing conditions. In response concept is that every toxicant procedures that do not significantly flow-through testing, new sample is should exhibit a concentration-response alter the nature of the sample. continually added to the test chambers, relationship, given that the appropriate Today, EPA proposes to modify the so drift from the initial sample pH response is measured and given that the chronic method manuals (USEPA, should not occur. Flow-through testing concentration range evaluated is 1994a; USEPA, 1994b) to incorporate also eliminates any potential for appropriate. Use of this concept can be procedures for controlling pH drift in organism shock from pH drift and helpful in determining whether an static-renewal tests when sample renewal cycles, because test renewal is effluent sample causes toxicity and in toxicity is confirmed to be artifactual continuous. Because flow-through identifying anomalous test results. and caused by pH drift. EPA proposes testing provides an available option for In July 2000, EPA published guidance adding guidance that is consistent with reducing pH drift in acute tests without on evaluating concentration-response the 1996 USEPA guidance on pH and modifying the sample, EPA does not relationships to assist in determining ammonia control in chronic testing propose additional techniques (such as the validity of WET test results (USEPA, (USEPA, 1996b), and extending this acid/base addition and/or CO2- 2000a). This document explained the guidance to include situations where controlled atmosphere techniques that concentration-response concept and artifactual toxicity is caused by pH drift are proposed for chronic test methods) provided review steps for 10 different in the absence of ammonia. for pH control in acute test methods. concentration-response patterns that The proposed method changes would The specifics of all proposed method may be encountered in WET test data. require that, prior to the use of pH manual changes related to pH drift are Based on the results of the review, the control techniques, the analyst must detailed in the document titled, guidance anticipates one of three confirm that observed toxicity is Proposed Changes to Whole Effluent determinations: (1) that calculated effect artifactual and caused by pH drift. Toxicity Method Manuals (USEPA, concentrations are reliable and should Evidence of artifactual toxicity would be 2001d). The proposed changes related to be reported; (2) that calculated effect demonstrated by conducting parallel pH drift will affect all methods in the concentrations are anomalous and tests: one with controlled pH and one freshwater chronic method manual should be explained; or (3) that the test with uncontrolled pH. Several such (USEPA, 1994a), except for the was inconclusive and should be parallel tests conducted on a given Selenastrum capricornutum Growth repeated with a newly collected sample. effluent may be required by the Test; and all methods in the marine In today’s action, EPA proposes to regulatory authority to verify that the chronic method manual (USEPA, require the review of concentration- toxicity observed in that effluent is 1994b), except for the Arbacia response relationships generated for all artifactual and caused by pH drift (as punctulata Fertilization Test and the multi-concentration WET tests reported opposed to variability in effluent Champia parvula Reproduction Test. under the NPDES program. EPA samples). Following this determination, The Selenastrum, Arbacia, and proposes to modify section 10 of the two the regulatory authority may allow pH Champia tests do not require test chronic method manuals (USEPA, control in subsequent chronic toxicity solution renewal, so daily pH 1994a; USEPA, 1994b) and section 12 of testing of the effluent. The proposed fluctuations should not be a concern. the acute method manual (USEPA, method changes would specify the use Proposed changes to the acute method 1993b) to incorporate this required test of acid/base addition and/or a CO2- manual (USEPA, 1993b) would simply review procedure. The modified controlled atmosphere technique for recommend the use of static-renewal sections would explain the
VerDate 11
concentration-response concept, require that are described elsewhere in the treatment with responses in other the review of concentration-response method manuals. These revised treatments to test the ‘‘null hypothesis’’ relationships, and reference EPA sections, titled ‘‘Report Preparation and that there is no statistically significant guidance (USEPA, 2000a) describing Test Review,’’ would describe the difference between the treatments (i.e., various forms of concentration-response review of sample collection and that the effluent is not toxic). To relationships and review procedures. handling conditions, test acceptability determine when a difference between Use of the concentration-response criteria, test conditions, statistical treatments is large enough to be review procedures (USEPA, 2000a) methods, concentration-response statistically significant, the statistician would ensure that a valid concentration- relationships, reference toxicant testing, or analyst must select a nominal error response relationship is demonstrated and test variability. The specifics of the rate. The nominal error rate, or alpha prior to the determination of toxicity. proposed method manual changes level, is an intended upper bound on EPA intends to maintain the review related to concentration-response the probability of incorrectly concluding procedures described in the guidance relationship evaluation and other test that the treatments are different when, document (USEPA, 2000a) as review components are detailed in the in fact, they are not (a Type I statistical ‘‘guidance’’ because these procedures document titled, Proposed Changes to error). The larger the alpha level, the may be revised as new information on Whole Effluent Toxicity Method greater the probability of incorrectly the review of concentration-response Manuals (USEPA, 2001d). rejecting the null hypothesis (i.e., relationships (including additional The quality of WET Variability Study determining that the effluent is toxic forms of concentration-response data (USEPA, 2001a; USEPA, 2001b) when, in fact, it is not). For all WET relationships) becomes available. used to make decisions for this tests, EPA recommends using an alpha To demonstrate the effectiveness of rulemaking is of primary importance to level of 0.05, which corresponds to a the proposed concentration-response the Agency and to stakeholders. These 5% probability of making a Type I error. review steps, EPA used the guidance on data and the test review and acceptance In response to stakeholder concerns concentration-response relationships criteria used in the WET Variability that an alpha level of 0.05 does not (USEPA, 2000a) in the review and Study are detailed in a final study report adequately protect against Type I errors reporting of results from EPA’s WET contained in the record for this (Moore et al., 2000; Edison Electric Variability Study (USEPA, 2001a). In rulemaking (USEPA, 2001a). Some Institute, et al. v. EPA, Settlement this study, 635 valid tests (i.e., those stakeholders believe that EPA Agreement, July 24, 1998), EPA that met test acceptability criteria) were improperly applied different standards published guidance on nominal error reviewed according to the proposed in accepting or rejecting data generated rate selection (USEPA, 2000a). This concentration-response evaluation in the WET Variability Study and guidance clarifies that the alpha level procedures. Based on these review departed from the stated objectives of may be reduced to 0.01 in specific procedures, the calculated effect the study design. EPA is proposing test circumstances. These circumstances concentrations in 14 tests were review procedures consistent with the include instances when sublethal determined to be anomalous, and the test reviews that EPA conducted on data endpoints from Ceriodaphnia dubia or effect concentrations calculated in 9 developed in the WET Variability Study fathead minnow tests are reported under tests were determined to be (though EPA notes that the objectives of NPDES permit requirements, or when inconclusive. Eight of the 23 test results the study differ from those associated WET permit limits (based on any WET that were considered anomalous or with compliance monitoring). EPA method) are derived without allowing inconclusive had erroneously indicated proposes modifications to standardize for receiving water dilution. Even under toxicity in blank samples. These results the minimum elements of WET test these circumstances, however, the alpha would have been reported as false review. While some of these test review level may be reduced only in tests that positives if the concentration-response components provide specific criteria for meet a fixed criterion for test sensitivity review procedures had not been used. the acceptance or rejection of test results because reductions in the alpha level This study indicates that the proposed (e.g., the method test acceptability also reduce statistical power. concentration-response review criteria), others (e.g., review of test Specifically, the percent minimum procedures are effective in reducing the conditions, reference toxicant testing, significant difference (PMSD) calculated incidence of false positives in WET and concentration-response for the test using an alpha level of 0.01 testing. The use of these review relationships) must be reviewed within should be less than or equal to criteria procedures reduced the rate of reported the context of the test objective. Also, set forth in the guidance document false positives in the WET Variability State and/or regional regulatory (USEPA, 2000a). The document also Study from 11.1% to 3.7% for the authorities may require additional test provides guidance on determining the Ceriodaphnia dubia Survival and review components and criteria to need for additional test replication to Reproduction Test; from 12.5% to further standardize the reporting and meet PMSD criteria and guidance on the 4.35% for the Fathead Minnow Larval review of WET test data. EPA requests decision process for reducing the Survival and Growth Test; from 14.3% comment on the acceptance, nominal error rate in hypothesis testing. to 0% for the Mysidopsis bahia interpretation, and use of the WET In today’s action, EPA proposes to Survival, Growth, and Fecundity Test; Variability Study data and on the modify the chronic WET method and from 14.3% to 0% for the Inland proposed section of the method manuals manuals (USEPA, 1994a; USEPA, Silverside Larval Survival and Growth titled, ‘‘Report Preparation and Test 1994b) to clarify the circumstances Test. Review’’. under which the recommended alpha In addition to requiring the review of level may be reduced. The proposed concentration-response relationships, d. Nominal Error Rates change would modify subsection 9.4.6 EPA proposes to modify section 12 of WET test results (i.e., effect (Recommended Alpha Levels) of the the acute method manual (USEPA, concentrations) may be determined by two chronic method manuals (USEPA, 1993b) and section 10 of the two point estimation or hypothesis testing 1994a; USEPA, 1994b). This subsection chronic method manuals (USEPA, techniques (USEPA, 1994a; USEPA, would maintain the current 1994a; USEPA, 1994b) to consolidate 1994b). Hypothesis testing techniques recommendation that an alpha level of other important test review components compare responses in the control 0.05 be used for hypothesis testing. In
VerDate 11
addition, the subsection would identify test concentrations using a dilution growth, reproduction, or other the specific circumstances where the factor of greater than or equal to 0.5 and responses that may be measured in the alpha level used for hypothesis testing provide an example dilution series of test (i.e., consistently meets test could appropriately be reduced from 100%, 50%, 25%, 12.5%, and 6.25% acceptability criteria for control 0.05 to 0.01. The subsection would effluent. While this particular dilution responses); is consistent in quality; and describe these circumstances and series is commonly used in WET testing, does not contain contaminants that reference the published guidance test concentrations for each test should could produce toxicity. The guidance (USEPA, 2000a) for information on be selected independently based on the also provides recommendations on how determining adequate test sensitivity objective of the study, the expected to select an appropriate dilution water and determining the appropriateness of range of toxicity, the receiving water based on the objectives of the test, the reductions in the alpha level. The concentration (or instream waste condition and quality of ambient specifics of the proposed method concentration), and any available receiving water, in-stream dilution manual changes related to nominal error historical testing information on the potential, and recommendations or rates are detailed in the document titled, effluent. The dilution series should be requirements from local regulatory Proposed Changes to Whole Effluent selected to optimize the precision of authorities. Lastly, the guidance Toxicity Method Manuals (USEPA, calculated effect concentrations and explains the use of dual controls when 2001d). assist in establishing concentration- dilution water differs from organism response relationships. In July 2000, culture water. e. Confidence Intervals EPA published guidance on selecting In today’s action, EPA proposes to Point estimation techniques described appropriate dilution series for WET modify the WET method manuals by in the WET method manuals are used to testing (USEPA, 2000a). clarifying the definition of acceptable generate effect concentrations and In today’s action, EPA proposes to dilution waters and referencing the associated 95% confidence intervals modify the WET method manuals to published guidance (USEPA, 2000a) for (USEPA, 1993b; USEPA, 1994a; USEPA, reference the published guidance on more information on selecting 1994b). Software used to conduct these selecting dilution series (USEPA, 2000a) appropriate dilution waters. The statistical procedures occasionally do and to clarify that dilution series should proposed change would modify not provide the associated confidence be selected independently for each test subsection 7.1 (Types of Dilution Water) intervals. This situation may arise when based on the objective of the study, the of each of the method manuals (USEPA, test data do not conform with specific expected range of toxicity, the receiving 1993b; USEPA, 1994a; USEPA, 1994b). assumptions required by the statistical water concentration (or instream waste The specifics of the proposed method methods, when point estimates are concentration), and any available manual changes related to dilution outside of the test concentration range, historical testing information on the waters are detailed in the document and when specific limitations imposed effluent. The proposed change would titled, Proposed Changes to Whole by the software are encountered. In July modify subsection 8.10 (Multi- Effluent Toxicity Method Manuals 2000, EPA published guidance on the concentration [Definitive] Effluent (USEPA, 2001d). specific circumstances under which Toxicity Tests) of the two chronic h. Pathogen Interference confidence intervals are not generated method manuals (USEPA, 1994a; or are not suitable (USEPA, 2000a). USEPA, 1994b) and subsection 9.3 WET testing is designed to measure In today’s action, EPA proposes to (Multi-concentration [Definitive] the aggregate toxicity of an aqueous test modify the WET method manuals to Effluent Toxicity Tests) of the acute sample. The presence of pathogens and/ clarify the circumstances under which method manual (USEPA, 1993b). The or parasites in the test sample, however, confidence intervals are not generated specifics of the proposed method may confound this measurement of by point estimation techniques and to manual changes related to dilution toxicity by causing sporadic mortality reference the published guidance on series selection are detailed in the among test organisms. Today, EPA this issue (USEPA, 2000a). The document titled, Proposed Changes to proposes to modify the Fathead Minnow proposed change would modify Whole Effluent Toxicity Method (Pimephales promelas) Larval Survival subsection 9.3.2 (Point Estimation Manuals (USEPA, 2001d). and Growth Test to provide guidance on Techniques) of the two chronic method the adverse effects of pathogens and/or g. Dilution Waters manuals (USEPA, 1994a; USEPA, parasites on test performance (i.e., 1994b) and subsection 11.2 Test concentrations in definitive WET pathogen and/or parasite test (Determination of the LC50 from tests are prepared by diluting the interference). EPA proposes procedures Definitive, Multi-Effluent-Concentration effluent sample with an appropriate to control pathogen and/or parasite Acute Toxicity Tests) of the acute dilution water. The WET methods allow effects without compromising the method manual (USEPA, 1993b). The the use of natural receiving waters or capacity of the test to measure the specifics of the proposed method synthetically prepared waters for toxicity of the test sample. The manual changes related to confidence dilution. Because the choice of dilution proposed method modifications are intervals are detailed in the document water can affect WET test results summarized below and detailed in the titled, Proposed Changes to Whole (Cooney et al., 1992; Belanger et al., document titled, Proposed Changes to Effluent Toxicity Method Manuals 1989; DeLisle and Roberts, 1988), Whole Effluent Toxicity Method (USEPA, 2001d). selecting an appropriate dilution water Manuals (USEPA, 2001d). is important. To assist in this process, Pathogens that interfere with the test f. Dilution Series EPA published guidance on dilution may come from the receiving water used In multi-concentration (definitive) water selection (USEPA, 2000a) that for test dilutions, from the effluent, or WET tests, organism effects are clarifies what EPA considers to be an from the receiving water that is used as measured in a range of effluent acceptable dilution water. An intake water. Most receiving waters concentrations. The dilution series acceptable dilution water is one that is contain all the common fish pathogens, selected for the test defines the appropriate for the objectives of the test; but these fish pathogens do not cause a concentrations of effluent tested. The supports adequate performance of the problem in the stream. At times, WET methods recommend preparing test organisms with respect to survival, however, the test conditions during
VerDate 11
WET tests (e.g., 24 hour durations food has not been practical (Geis et al., to prevent the spread of the pathogen between sample renewals, beakers used 2000a). among the test chambers during the test. for seven days without change, or Data from the WET test must be Once pathogenic test interference has uneaten brine shrimp) may promote reviewed carefully to ascertain if been confirmed by additional testing, bacterial growth. Some opportunistic pathogens are suspected. The key the proposed modifications to the bacteria take advantage of these indicators that pathogen interference Fathead Minnow Larval Survival and conditions and flourish or ‘‘bloom.’’ The has occurred are the presence of an Growth Test would recommend use of bacteria that bloom may be harmless or unexpected concentration-response an altered test design to minimize the they may be fish pathogens. Blooms relationship (i.e., effects that do not effects of the pathogenic interference. may even differ between replicates. In increase with increasing effluent The use of fewer fish per test chamber some cases, the presence of concentration), and organism survival and new test chambers daily has been uncontrolled pathogen and/or parasite that varies greatly among replicates and the most effective technique for effects in the WET test may suggest the among effluent dilutions. The analyst controlling the effects of pathogenic selection of a different test species. should evaluate the test data to bacteria in the Fathead Minnow Larval Stakeholders have identified determine a cause for any unexpected Survival and Growth Test. Use of small particular concerns with the adverse concentration-response pattern and plastic 30-ml cups containing two fish effect of pathogens on the performance subsequently to determine the validity per cup showed the greatest of the Fathead Minnow Larval Survival of calculated results (USEPA, 2000a). improvement to the test method, and Growth Test. A typical indication Normal, reversed, or bimodal removing the pathogenic effect 91% of that pathogen interference has occurred concentration-response relationships are the time (Geis et al., 2000a). For in a WET test is when test organisms not considered indicators of test instance, use of 20 ml of test solution in exhibit ‘‘sporadic mortality.’’ This interference by pathogenic bacteria a 1 ounce plastic cup and two fish per sporadic mortality phenomenon is (USEPA, 2000a). The analyst also beaker significantly reduced the characterized by an unexpected should evaluate the responses at each sporadic mortality not attributed to the concentration-response relationship test concentration for unusually high effluent toxicity. The total number of (i.e., effects that do not increase with mortality and/or for unevenness of fish tested is not reduced (i.e., 40 per increasing effluent concentration) and mortalities among replicates. If the treatment), and the fish are combined at fathead minnow survival that varies within-treatment coefficient of variation the end of the test into the typical number of replicates so that data greatly among replicates and among (CVs) for survival in an effluent analysis following the test method effluent dilutions. The observed treatment is greater than 40% and manuals is unchanged. sporadic mortality among replicates relatively low for control replicates in When parallel testing has confirmed tends to occur in receiving water standard synthetic water, pathogen pathogen interference and the controls and in lower effluent interference should be considered. modifications to the test design for the concentrations (or occasionally in the Following data evaluations, additional number of fish per chamber does not full-strength effluent samples) on day testing would be required to ascertain reduce the pathogen interference, the three or day four of the Fathead Minnow that sporadic mortality observed in the regulatory authority may allow Larval Survival and Growth Test. EPA WET test is due to interference by modifications of the effluent samples to does not have evidence of such sporadic pathogenic bacteria. Parallel tests remove or inactivate the pathogens. The mortality occurring in concurrently should be conducted using analyst should apply TIE filtration steps conducted chronic tests using the reconstituted water and receiving water (USEPA, 1991a; USEPA, 1992) in cladoceran, Ceriodaphnia dubia, or as diluents with the effluent. combination with various sterilization concurrent acute tests with the fathead Before modifying any test procedures techniques listed below to ascertain and minnow, C. dubia, or other acute test that will allow the analyst to account for control adverse influences on tests species. pathogen interference, all available caused by pathogens in the intake or When sporadic mortality is observed, options within the flexibility of the receiving waters used for dilution. For often a fungal growth occurs directly on method should be exhausted. Samples some samples, one or more techniques the fish, especially in the gill area. This should be filtered through a 2–4 mm such as irradiation with ultraviolet light, growth interferes with measuring mesh opening (as described in pasteurization, filtration (0.2 µ m pore toxicity in the WET test. Biological test Subsection 8.8.2 of the freshwater size), and addition of antibiotics has interference due to this type of fungal chronic method manual (USEPA, been shown to improve survival and growth may occur during the toxicity 1994a)) to remove indigenous reduce variability among replicates test when effluents and water samples organisms. Tests should be conducted effectively (SETAC, 1999). EPA cautions tested are derived from the receiving using separate glassware, pipettes, and that some treatment methods that might water (i.e., their source is a receiving siphons for each concentration to control pathogens in the test, (e.g., water intake) or when the receiving minimize cross contaminating replicates ultraviolet light treatment or the water is used as the diluent. The fungal of all treatments. The analyst also must addition of antibiotics (Downey et al., growth has been attributed to keep laboratory equipment clean and 2000)) may also improperly reduce or Saprolegnia sp. (Downey et al., 2000) dry when not in use. Use of increase the toxicity of the sample. which may be a secondary infection reconstituted laboratory waters instead Filtration also may remove some following infection from a known fish of receiving waters may eliminate the toxicity in the sample as shown in pathogen. Microbiological evaluations interference, and the use of toxicity identification evaluations on receiving waters, the fish, and their reconstituted water would be preferable (USEPA, 1991a; 1992; 1993a). The use food indicated the ubiquitous nature of to invalid tests. However, for those of ultrafiltration on an effluent sample pathogenic organisms (e.g., Flexibacter instances when receiving water is containing particulate matter to which spp., Aeromonas hydrophila). required as the diluent or when the process-induced metals have adsorbed Eradicating these types of organisms effluent and the subsequent dilutions may improperly remove a significant from the test through the exhibit the interference, EPA source of process-related toxicity. Also, decontamination of the fish and their recommends modifying the test design chlorination and dechlorination may be
VerDate 11
a treatment option where pathogenic waters of the US is appropriate or or withdraw each of the 12 WET test bacteria are suspected as the sole source authorized but merely that pathogens in methods evaluated in the WET of toxicity in the ambient intake waters. test samples may confound Variability Study. Based on the results However, when the analyst prepares measurement of whole effluent toxicity. of the WET Variability Study, samples using techniques of C. Ratification or Withdrawal of consideration of peer review comments, chlorination and/or dechlorination, Methods and an overall evaluation of the WET potential exists for oxidation and program, EPA proposes to ratify 11 of reduction of other compounds (USEPA, In a 1998 settlement agreement with the methods evaluated in the WET 1991a; 1992). All toxicity tests Edison Electric Institute et al. (Edison Variability Study. EPA proposes to conducted on modified samples (e.g., Electric Institute, et al. v. EPA, No. 96– ratify nine of these methods, in an 1062 & consolidated case (D.C. Cir.), sterilized) must include an additional amended form, as described in Section Settlement Agreement, July 24, 1998), blank preparation (control) consisting of III.B of this rule. EPA proposes to ratify EPA agreed to conduct an similarly treated reconsituted laboratory two other methods (the Selenastrum interlaboratory variability study of 12 of water (USEPA, 1991a; 1992). capricornutum Growth Test and the Procedures to control the adverse the 17 approved WET test methods (the Mysidopsis bahia Survival, Growth and influences of pathogens must not be WET Variability Study). The 12 Fecundity Test) with additional used to reduce process-related sources methods evaluated in the study (Table of toxicity. With effluents and ambient 1) represent a combination of acute and modifications (i.e., in addition those waters, the pathogen(s) may mask the chronic test methods; freshwater and described in Section III.B of this rule) to presence of a chemical that is, by itself, marine test methods; and invertebrate, improve the performance of the toxic. It is also possible that the fish, and algal species. EPA conducted methods. EPA proposes to withdraw pathogen infection is induced by some the WET Variability Study in 1999 and propose a new Holmesimysis predisposing factor in the receiving through 2000, and published costata Acute Test method. The water and would not occur without that preliminary results from the study in Holmesimysis costata Acute Test factor. The need to evaluate both intake October 2000 (USEPA, 2000b; USEPA, method was promulgated and tested in water and effluent samples to determine 2000c). In 2001, EPA submitted the the WET Variability Study using acute the cause of the pathogen or the source preliminary results of the study for test procedures designed for the of pathogens is essential before applying expert peer review (USEPA, 2001c). The Mysidopsis bahia Acute Test (except at ° ° any pathogen/parasite control peer review comments and EPA’s a temperature of 12 C, instead of 20 C ° technology and cannot be response to those comments are or 25 C; and a salinity of 32–34‰, overemphasized. The analyst must included in the record established for instead of 5–30‰). Results of the WET evaluate whether the intake water is this rulemaking (see Addresses section Variability Study revealed that acute contributing the interference observed of this rule). Based on peer review test procedures designed for Mysidopsis in the toxicity test of the final effluent. comments, EPA revised the preliminary bahia were insufficient for successful The method modifications proposed study report to produce a final study test conduct using Holmesimysis today provide techniques to assess and report. In conjunction with today’s costata. For this reason, EPA proposes to control the effects of pathogens in the action, EPA is publishing a final study withdraw Holmesimysis costata as an Fathead Minnow Larval Survival and report (USEPA, 2001a; USEPA, 2001b) acceptable species for use in the Growth Test. Today’s proposal does not that presents the final results of EPA’s Mysidopsis bahia Acute Test method address, however, the determination as WET Variability Study. These results and to propose it as an acute toxicity to the conditions under which this are discussed in section III.C.1 below. test method designed specifically for control is appropriate for purposes of The settlement agreement (Edison Holmesimysis costata. Sections 2–7 NPDES permit compliance. By today’s Electric Institute, et al. v. EPA, below discuss the proposed ratification proposal, EPA does not concede that the Settlement Agreement, July 24, 1998) and/or withdrawal of each method discharge of toxic biological agents to also required that EPA propose to ratify evaluated in the WET Variability Study.
TABLE 1.—WHOLE EFFLUENT TOXICITY TEST METHODS INCLUDED IN EPA’S WET VARIABILITY STUDY
Test method Common test method name Test method No. a
Cladoceran, Ceriodaphnia dubia, Acute Test ...... Ceriodaphnia— dubia Acute Test ...... Cladoceran, Ceriodaphnia dubia, Survival and Reproduction Ceriodaphnia dubia Survival and Reproduction Test ...... 1002.0 Test. Fathead Minnow, Pimephales promelas, Acute Test ...... Fathead Minnow Acute Test ...... Fathead Minnow, Pimephales promelas, Larval Survival and Fathead Minnow Larval Survival and Growth Test ...... 1000.0 Growth Test. Green Alga, Selenastrum capricornutum, Growth Test ...... Selenastrum capricornutum Growth Test ...... 1003.0 Mysid, Mysidopsis bahia, Survival, Growth, and Fecundity Test Mysidopsis bahia Survival, Growth, and Fecundity Test ...... 1007.0 Sheepshead Minnow, Cyprinodon variegatus, Acute Test ...... Sheepshead Minnow Acute Test ...... Sheepshead Minnow, Cyprinodon variegatus, Larval Survival Sheepshead Minnow Larval Survival and Growth Test ...... 1004.0 and Growth Test. Inland Silverside, Menidia beryllina, Acute Test ...... Inland Silverside Acute Test ...... Inland Silverside, Menidia beryllina, Larval Survival and Growth Inland Silverside Larval Survival and Growth Test ...... 1006.0 Test. Red Macroalga, Champia parvula, Reproduction Test b ...... Champia parvula Reproduction Test ...... 1009.0 Mysid, Holmesimysis costata, Acute Test bc ...... Holmesimysis costata Acute Test ...... a Test method numbers were not designated for acute test methods in USEPA, 1993b. b Due to insufficient laboratory support, interlaboratory data were not obtained for this method. c The EPA-approved acute test with Holmesimysis costata was performed using the test conditions for the Mysidopsis bahia Acute Test meth- od (except at a temperature of 12°C, instead of 20°C or 25°C; and a salinity of 32–34‰, instead of 5–30‰).
VerDate 11
In ratifying WET test methods, EPA costata acute test. For each of the section 5 below) produced successful reaffirms the conclusion expressed in remaining 10 methods, 7 to 35 test completion rates less than 90%. the 1995 WET final rule (60 FR 53529; laboratories participated in multi- The analysis of false positive rates October 16, 1995), that these methods laboratory testing of 3 or 4 ‘‘blind’’ test revealed that the WET test are applicable for use in NPDES samples. Laboratories received some methodologies, including applicable permits. In the 1995 WET final rule, this combination of the following test guidance on reviewing WET test results conclusion was based on the well- sample types: reagent water (or (USEPA, 2000a), effectively control the established use of the methods, the ‘‘blank’’); reference toxicant; municipal incidence of falsely identifying toxicity existence of extensive guidance on or industrial effluent; and receiving in non-toxic ‘‘blank’’ samples. False quality assurance and routine quality water. Participant laboratories were positive rates were defined as the control activities, and validation data required to analyze each blind test percentage of valid tests conducted on from a number of studies conducted by sample according to the promulgated blank samples that indicated toxicity by EPA, State programs, and universities. WET test method manuals and specific producing LC50 (median lethal Since promulgation of the methods, this instructions in participant laboratory concentration), NOEC (no observed basis for approval has been strengthened standard operating procedures effect concentration), or IC25 (25% by more widespread use of the methods, developed for the study (appendix B, inhibition concentration) values of less additional guidance on quality USEPA, 2001b). In total, the study than 100% sample. False positive assurance and quality control issues generated interlaboratory precision data results were reported for three test (USEPA, 2000a; USEPA, 2000d), and the from testing more than 700 blind methods, and the rates of false positives WET Variability Study to confirm samples among 55 participant were below the theoretical false positive method performance data from original laboratories. EPA had not previously rate of 5% (based on the recommended validation studies (USEPA, 2001a; conducted a study of this magnitude 0.05 alpha level for hypothesis testing) USEPA, 2001b). with these objectives in this time frame. The results of the WET Variability for all but the Selenastrum 1. WET Variability Study Study (Table 2) supported the capricornutum Growth Test conducted EPA designed the WET Variability conclusions of the 1995 WET final rule without EDTA. Study to characterize interlaboratory and confirmed the acceptability of the The analysis of interlaboratory variability, the rate of successful test WET test methods for use in NPDES precision data revealed that the WET completion, and the rate of ‘‘false permits, except as noted below in test methods are sufficiently precise for positive’’ incidence (i.e., the sections 2 through 7. The analysis of use in NPDES permits. Interlaboratory measurement of toxicity in non-toxic successful test completion rates coefficients of variation (CVs) calculated blank samples) for the 12 test methods revealed that most WET test methods in the WET Variability Study ranged listed in Table 1. For two of these could be consistently and reliably from 10.5% to 58.5% (Table 2). This methods (the Champia parvula performed by qualified testing observed range of interlaboratory Reproduction Test and the laboratories. For the purposes of the variability is consistent with the range Holmesimysis costata Acute Test), EPA study, EPA defined successful test of variability reported for chemical was unable to obtain interlaboratory completion rates to be the percentage of methods approved at 40 CFR part 136 data due to laboratory unavailability initiated and properly terminated tests (USEPA, 1991b). For chemical methods (i.e., EPA was unable to contract with a that met the test acceptability criteria as measuring metals at the low end of the minimum of six laboratories qualified specified in the WET method manuals. detection range, interlaboratory CVs and willing to conduct these test Successful test completion rates were range from 18% to 129%, with a median methods within the time frame of the above 90% for 8 of the 10 methods CV of 45%. Interlaboratory CVs for study). Intralaboratory data were evaluated during interlaboratory testing. chemical methods for organic analyses obtained for the Champia parvula Only the Ceriodaphnia dubia Survival range from greater than 12% to 91%, Reproduction Test, but no valid and Reproduction Test method (see and interlaboratory CVs for nonmetal intralaboratory or interlaboratory data section 2 below) and the Selenastrum inorganic analyses range from 4.6% to were obtained for the Holmesimysis capricornutum Growth Test method (see 70%.
TABLE 2.—SUMMARY OF TEST RESULTS FROM EPA’S WET VARIABILITY STUDY
Successful Interlabora- test comple- False posi- tory preci- Test method tive ratea tion rate (%) sion (%) (% CV) b
Ceriodaphnia dubia Acute Test ...... 95.2 0.00 29.0 Ceriodaphnia dubia Survival and Reproduction Test ...... 82.0 3.70 35.0 Fathead Minnow Acute Test ...... 100 0.00 20.0 Fathead Minnow Larval Survival and Growth Test ...... 98.0 4.35 20.9 Selenastrum capricornutum Growth Test (with EDTA) c ...... 63.6 0.00 34.3 Selenastrum capricornutum Growth Test (without EDTA) c ...... 65.9 33.3 58.5 Mysidopsis bahia Survival, Growth, and Fecundity Test ...... d 97.7 0.00 41.3 Sheepshead Minnow Acute Test ...... 100 0.00 26.0 Sheepshead Minnow Larval Survival and Growth Test ...... 100 0.00 10.5 Inland Silverside Acute Test ...... 94.4 0.00 38.5 Inland Silverside Larval Survival and Growth Test ...... 100 0.00 43.8 Champia parvula Reproduction Test e ...... ND ND f ND Holmesimysis costata Acutee ...... ND ND ND a False positive rates reported for each method represent the higher of false positive rates observed for hypothesis testing or point estimate endpoints.
VerDate 11
b Coefficients of variation (CVs) reported for each method represent the CV of LC50 values for acute test methods and IC25 values for chronic test methods. CVs reported are based on total interlaboratory variability (including within-laboratory and between-laboratory components of varia- bility) and averaged across sample types. c The Selenastrum capricornutum Growth Test method was conducted with and without ethylenediaminetetraacetic acid (EDTA) as a compo- nent of the nutrients added to test and control treatments. Due to improved test performance with the addition of EDTA, EPA is proposing to rec- ommend the addition of EDTA in the Selenastrum capricornutum Growth Test. d Successful test completion for the optional fecundity endpoint was 50%. e ND = not determined. Due to insufficient laboratory support, interlaboratory data were not obtained for the Champia parvula Reproduction Test method and the Holmesimysis costata Acute Test method. f While interlaboratory test data were not obtained for the Champia parvula Reproduction Test method, intralaboratory data was obtained from the referee laboratory. Intralaboratory CVs were 27.6%, 49.7%, and 50.0% for reference toxicant, receiving water, and effluent sample types, respectively.
2. Ceriodaphnia dubia Acute Test, methods. Based on these precision data, Toxics Control (USEPA, 1991b)) for Ceriodaphnia dubia Survival and EPA concluded that toxicity tests are no each method at the time of Reproduction Test, Fathead Minnow more variable than chemical analytical promulgation ranged from 34% to Acute Test, Fathead Minnow Larval methods in 40 CFR part 136, and that 44.2% (Table 3). Interlaboratory CVs Survival and Growth Test, Sheepshead toxicity tests provide reliable indicators reported for these methods in the WET Minnow Acute Test, Sheepshead of whole effluent toxicity. At that time, Variability Study ranged from 10.5% to Minnow Larval Survival and Growth EPA also anticipated that laboratory 38.5%. For each method, interlaboratory Test, and Inland Silverside Acute Test performance would improve with use of variability measured in the WET the methods over time. Results from the Variability Study was lower than that Today, EPA proposes to ratify its WET Variability Study not only cited at the time of promulgation (Table previous rulemaking standardizing the confirmed the level of precision 3). Interlaboratory CVs measured in the following WET test methods: previously cited for these methods, but Ceriodaphnia dubia Acute Test, indicated that the methods currently WET Variability Study were 4% to 34% Ceriodaphnia dubia Survival and exhibit even lower variability than lower than average values cited in the Reproduction Test, Fathead Minnow estimated at the time of method method manuals for the same methods. Acute Test, Fathead Minnow Larval promulgation (60 FR 53529; October 16, On average, interlaboratory variability Survival and Growth Test, Sheepshead 1995). Such data also confirm EPA’s measured in the WET Variability Study Minnow Acute Test, Sheepshead assumptions regarding the likely was 15% lower than originally reported Minnow Larval Survival and Growth improvement in laboratory performance at the time of method promulgation. Test, and the Inland Silverside Acute over time. The average of interlaboratory These results strongly confirm EPA’s Test. At the time of method CVs reported (in the WET method conclusions that these methods provide promulgation, interlaboratory precision manuals and/or the Technical Support sufficient precision for use in NPDES data were available for each of these test Document for Water Quality-based permits.
TABLE 3.—COMPARISON OF INTERLABORATORY METHOD PRECISION AT THE TIME OF METHOD PROMULGATION AND MEASURED IN EPA’S WET VARIABILITY STUDY
Interlabora- tory preci- Updated sion esti- interlabora- mates tory preci- Improved Method (%CV) at sion esti- precision? time of mates method pro- (%CV) b mulgation a
Ceriodaphnia dubia Acute Test ...... 44.2 29.0 Yes Ceriodaphnia dubia Survival and Reproduction Test ...... 42 35.0 Yes Fathead Minnow Acute Test ...... 35 20.0 Yes Fathead Minnow Larval Survival and Growth Test ...... 34 20.9 Yes Selenastrum capricornutum Growth Test ...... c NR d 34.3 NA e Mysidopsis bahia Survival, Growth, and Fecundity Test ...... c NR 41.3 NA e Sheepshead Minnow Acute Test ...... 42 26.0 Yes Sheepshead Minnow Larval Survival and Growth Test ...... 44.2 10.5 Yes Inland Silverside Acute Test ...... 42.2 38.5 Yes Inland Silverside Larval Survival and Growth Test ...... c NR 43.8 NA e Champia parvula Reproduction Test ...... c NR c NR NA f Holmesimysis costata Acute Test ...... c NR c NR NA f a Precision estimates represent an average of all interlaboratory CVs reported for a given method in the WET method manuals (USEPA, 1993b; USEPA, 1994a; USEPA, 1994b) and/or the Technical Support Document for Water Quality-based Toxics Control (USEPA, 1991b). The number of significant figures displayed differs because these data are obtained from various sources, which reported results to either two or three significant figures. b Precision estimates were obtained from EPA’s WET Variability Study conducted in 1999–2000 (USEPA, 2001a). c NR = None reported. d Precision estimates for the Selenastrum capricornutum Growth Test method are based on conduct of the test with Ethylenediaminetetraacetic acid (EDTA) as a component of the nutrients added to test and control treatments. e NA = not applicable. Improved precision could not be determined because estimates of interlaboratory precision were not reported at the time of method promulgation. f NA = not applicable. Improved precision could not be determined because estimates of interlaboratory precision were not reported at the time of method promulgation or determined in the WET Variability Study.
VerDate 11
Other test performance characteristics 3. Inland Silverside Larval Survival and the study’s data quality objective of a measured in the WET Variability Study Growth Test minimum of six laboratories, EPA also confirmed EPA’s conclusions that EPA proposes to ratify the Inland canceled interlaboratory testing of the these methods are applicable for use in Silverside Larval Survival and Growth Champia parvula Reproduction Test NDPES permits. False positive rates for Test method. Similarly to the methods method. Though interlaboratory testing these methods were below the listed in section 2 above, the Inland was canceled, the referee laboratory theoretical false positive rate of 5% Silverside Larval Survival and Growth conducted single-laboratory testing of (based on the recommended 0.05 alpha Test method exhibited acceptable the Champia parvula Reproduction Test level for hypothesis testing), indicating successful test completion rates and method. In the 1995 WET rule, EPA addressed the issue of limited laboratory that the methods do not routinely false positive rates (Table 2). No false availability for conduct of the Champia indicate toxicity in non-toxic samples. positives were observed for the method parvula Reproduction Test method. EPA in the WET Variability Study, and the Successful test completion rates for predicted that as the requirements for successful test completion rate was these methods were also at acceptable use of this organism in the NPDES 100%. Unlike the methods listed in levels (82.0% to 100%), with 6 of these permit program increased, the resulting section 2 above, however, EPA cannot 7 methods exhibiting successful test increase in market demand would result compare interlaboratory precision data completion rates above 90%. While the in an increase in the number of cited at the time of method 82.0% successful test completion rate laboratories capable of performing this promulgation and data reported from for the Ceriodaphnia dubia Survival and test. However, the number of permits Reproduction Test method was lower the WET Variability Study because EPA requiring the Champia parvula than for most other methods evaluated did not rely on interlaboratory precision Reproduction Test method has in the WET Variability Study, this rate data for this method at the time of remained low (DeGraeve et al., 1998), so promulgation (Table 3). Instead, EPA is consistent with successful test few laboratories have invested in relied on intralaboratory data for the completion rate information available developing Champia parvula cultures or method. The Agency’s previous for this method at the time of standard operating procedures for experience with method variability conduct of the method. promulgation. The 82.0% successful test evaluations supported EPA’s completion rate observed in the WET EPA believes that the limited use of assumption that, though WET tests the Champia parvula Reproduction Test Variability Study is consistent with the typically have lower CVs (higher 80% rate reported for this method in a method does not reduce the value of the precision) in intralaboratory studies test method. The Champia parvula 1989 interlaboratory study (USEPA, than in interlaboratory studies, Reproduction Test represents the only 1991b) and represents tremendous acceptable ranges of precision approved test method for a marine plant improvement from a 1987 demonstrated in intralaboratory studies species. Maintaining an approved test interlaboratory study that reported a tend to subsequently be confirmed by method for this functional group successful test completion rate of 56% interlaboratory studies. (marine/plant/chronic test) is important (DeGraeve et al., 1992). In the WET Variability Study, an for proper implementation of the WET The overall successful test completion interlaboratory CV of 43.8% was program. The Technical Support rate observed for the Ceriodaphnia reported for the Inland Silverside Larval Document for Water Quality-Based dubia Survival and Reproduction Test Survival and Growth Test method. Toxics Control (USEPA, 1991b) method in the WET Variability Study While interlaboratory variability for this recommends the use of at least three method is higher than for other methods was also suppressed by poor marine species representing three reported in the study, it is within the performance in a subset of laboratories. different phyla (e.g., a fish, an range of interlaboratory CVs (34% to Only 10 of the 34 participant invertebrate, and a plant) for testing the 44.2%) cited for other WET methods at laboratories performed invalid tests, but toxicity of effluents discharged to the time of promulgation (Table 3). It is estuarine and marine environments. 8 of these laboratories performed invalid also within the range of interlaboratory The limited use of the Champia tests on 50% or more of the samples CVs reported for chemical methods parvula Reproduction Test method also tested. The low rate of successful test approved at 40 CFR part 136 (USEPA, does not affect the performance of the completion in these 8 laboratories may 1991b). Therefore, EPA reaffirms the test method in laboratories that are have been influenced by the study’s conclusions that this method is no more qualified to conduct the test. While the strict testing schedule, which required variable than chemical analytical WET Variability Study did not provide each test to be conducted on a given day methods approved at 40 CFR part 136 interlaboratory precision data for the and all tests to be conducted within a and that this method is applicable for Champia parvula Reproduction Test 15-day time period. When invalid tests use in NPDES permits (60 FR 53529; method, referee laboratory data conducted in a given laboratory were October 16, 1995). confirmed the estimates of due to marginal or poor health of the intralaboratory precision cited at the 4. Champia parvula Reproduction Test test organism cultures, then it was time of method promulgation (USEPA, logical that the laboratory would fail a In the WET Variability Study, 1994b). Intralaboratory CVs cited in the high percentage of tests during this insufficient participant laboratory method manual for Champia parvula study because culture health was support was available to conduct Reproduction Tests conducted using unlikely to fully recover within 15 days. interlaboratory testing of the Champia copper sulfate and sodium dodecyl EPA believes that successful test parvula Reproduction Test method sulfate averaged 63%. In preliminary completion rates for this method within the time frame of the study. In testing for the WET Variability Study, addition to the referee laboratory, only the referee laboratory achieved an improve when testing laboratories are one laboratory submitted the necessary intralaboratory CV of 27.6% for 3 allowed flexibility in the timing of quality control information to prequalify reference toxicant tests using copper sample collection and can avoid for participation in the interlaboratory sulfate, and an intralaboratory CV of initiating tests during periods of study of this method. Due to insufficient 49.7% for 4 tests of spiked receiving marginal to poor culture health. laboratory support and failure to meet water. Only one pair of replicate
VerDate 11
effluent samples was tested using the proposes to add guidance to improve Test method was conducted with and Champia parvula Reproduction Test the success of obtaining fecundity data. without the addition of method. Tests of these duplicate The specifics of the proposed method ethylenediaminetetraacetic acid (EDTA). effluent samples yielded a CV of 50.0%. manual changes to implement this In the approved Selenastrum All other testing of the effluent sample modification are detailed in the capricornutum Growth Test method, type was conducted on samples from document titled, Proposed Changes to EDTA is an optional component of the different sampling dates, so additional Whole Effluent Toxicity Method nutrient mixture that is added to test precision measurements were not Manuals (USEPA, 2001d). The and control treatments. While algal obtained for this sample type. In additional guidance would recommend growth is enhanced by the addition of addition to intralaboratory test data optimizing temperature, feeding, and EDTA, the method recommends from the WET Variability Study, EPA’s organism densities during the seven-day excluding EDTA from the nutrient Variability Guidance Document pre-test holding period and during the mixture when testing samples that may (USEPA, 2000d) reported an testing period. These factors are critical contain metals. EDTA is a chelating intralaboratory CV of 59% for the to the success of the fecundity endpoint, agent that effectively binds metals, Champia parvula Reproduction Test because they control the rate of mysid thereby potentially reducing the toxic based on 23 reference toxicant tests development and maturation. While effect of metals present in the analyzed conducted in 2 laboratories. these factors are typically controlled sample. Because the presence of metals Intralaboratory data from both the WET during the testing period, equal in WET samples is often unknown at the Variability Study and the Variability attention should be paid to these factors time of testing, laboratories often Guidance Document support the during the pre-test holding period to conduct the Selenastrum capricornutum intralaboratory precision data ensure maximum mysid development. Growth Test method without the previously cited in the method manual Lussier et al. (1999) found that by addition of EDTA. (USEPA, 1994b) for the Champia increasing holding temperature and test Results from the WET Variability parvula Reproduction Test method. temperature from 26°C ± 1°C to 26°C– Study revealed that Selenastrum Based on the confirmation of 27°C and maintaining holding densities capricornutum Growth Test method intralaboratory precision data cited at at ≤10 organisms/L, the percentage of performance was substantially better the time of method promulgation, EPA tests meeting the test acceptability when EDTA was added to the nutrient proposes to ratify the Champia parvula criteria for fecundity increased from mixture than when it was excluded. No Reproduction Test method. 60% to 97%. false positives were observed when With the exception of the low EDTA was used, but 2 of the 6 blank 5. Mysidopsis bahia Survival, Growth, successful test completion rate for the samples (33.3%) analyzed without and Fecundity Test fecundity endpoint, other test method EDTA produced false positive results The Mysidopsis bahia Survival, performance measures evaluated in the (USEPA, 2001a). Interlaboratory Growth, and Fecundity Test uses three WET Variability Study for the variability of the Selenastrum test endpoints to evaluate toxicity: Mysidopsis bahia Survival, Growth, and capricornutum Growth Test method was survival, growth, and fecundity (or Fecundity Test were acceptable. No also much lower with EDTA (34.3%) reproduction). The survival and growth false positives were observed for the than without EDTA (58.5%). When endpoints are required endpoints and method, the successful test completion conducted with EDTA, the Selenastrum specific test acceptability criteria for rate was 97.7% for the survival and capricornutum Growth Test method these endpoints must be met (80% growth endpoints, and interlaboratory exhibited interlaboratory precision survival and mean weight of 0.20 mg in variability (%CV) was 41.3% for the similar to other chronic methods the control treatment) to produce a valid growth IC25 endpoint (Table 2). No evaluated in the WET Variability Study. test. The fecundity endpoint is optional interlaboratory precision data were No interlaboratory precision data were and may be used if the test acceptability reported for the Mysidopsis bahia reported for the Selenastrum criterion for fecundity (egg production Survival, Growth, and Fecundity Test capricornutum Growth Test method at by 50% or more of control females) is method at the time of method the time of method promulgation, so met. Failure to meet the test promulgation; therefore interlaboratory interlaboratory precision data from the acceptability criterion for fecundity precision data from the WET Variability WET Variability Study could not be does not invalidate a test but means that Study could not be compared to compared to previously cited values for the fecundity endpoint may not be used previously cited values for this method this method. When compared to in calculating test results. In the WET (Table 3). While interlaboratory interlaboratory precision cited for other Variability Study, 97.7% of tests met the variability for this method is higher than WET test methods at the time of required test acceptability criteria for for most other methods reported in the promulgation, the Selenastrum survival and growth, but only 50% of study, it is within the range of capricornutum Growth Test method tests met the test acceptability criterion interlaboratory CVs (34% to 44.2%) (conducted with EDTA) was well within for fecundity. While failure to generate cited for other WET methods at the time the range (Table 3). fecundity data does not invalidate a test, of promulgation (Table 3). It is also The successful test completion rate of it may affect the sensitivity of the within the range of interlaboratory CVs the Selenastrum capricornutum Growth measurement. Researchers have shown reported for chemical methods Test method was low for tests that the fecundity endpoint is often the approved at 40 CFR part 136 (USEPA, conducted with and without EDTA most sensitive endpoint and that the test 1991b). Therefore, EPA reaffirms the (63.6% and 65.9%, respectively), most effectively estimates the chronic conclusions that this method is however, the low successful test toxicity of effluents when all three applicable for use in NPDES permits (60 completion rates were in part due to endpoints are used (Lussier et al., 1999). FR 53529; October 16, 1995). laboratory inexperience in using both EPA proposes to ratify the Mysidopsis the with and without-EDTA techniques. bahia Survival, Growth, and Fecundity 6. Selenastrum capricornutum Growth Two laboratories that cultured Test method with an additional Test organisms without EDTA and generally modification to improve the In the WET Variability Study, the conducted tests without EDTA showed performance of the method. EPA Selenastrum capricornutum Growth poor successful test completion rates
VerDate 11
(failing eight of eight tests) when EDTA environmental protection only when at a temperature of 12°C, instead of 20°C was used. These laboratories failed all Selenastrum capricornutum is or 25°C, and a salinity of 32‰ to 34‰, eight tests conducted with EDTA and determined to be the most sensitive instead of 5‰ to 30‰). Sufficient passed all but one test (seven) without species and when the effluent contains participant laboratory support, however, EDTA. When these two laboratories metals whose toxicity is reduced by the was not available to conduct were removed from the analysis, the addition of EDTA. This situation should interlaboratory testing of the successful test completion rate for tests be infrequent, and result in only minor Holmesimysis costata Acute Test conducted with EDTA increased to decreases in test sensitivity. Geis et al. method within the time frame of the 77.8%. (2000b) showed that Ceriodaphnia study. In addition to the referee Based on WET Variability Study dubia was more sensitive than laboratory, only two laboratories results, EPA proposes to ratify the Selenastrum capricornutum to three of submitted the necessary quality control Selenastrum capricornutum Growth five metals tested (copper, nickel, and information to prequalify for Test method with a modification to cadmium), and Selenastrum participation in the interlaboratory recommend the addition of EDTA to the capricornutum was only slightly more study of this method. This method is nutrient mixture added to control and sensitive than Ceriodaphnia dubia to required only in NPDES permits issued test treatments. The specifics of the zinc and lead. in California, so few laboratories proposed method manual changes to currently conduct this test routinely. 7. Holmesimysis costata Acute Test implement this modification are Due to insufficient laboratory support detailed in the document titled, Holmesimysis costata is a Pacific and failure to meet the study’s data Proposed Changes to Whole Effluent coast mysid species that was elevated quality objective of a minimum of six Toxicity Method Manuals (USEPA, from the supplemental species list in laboratories, EPA canceled 2001d). This method modification will the previous acute method manual and interlaboratory testing of the improve overall test method added to the list of approved acute Holmesimysis costata Acute Test performance by reducing false positives toxicity test species at the time of the method. Though interlaboratory testing and increasing interlaboratory precision. WET final rule (60 FR 53529; October was canceled, the referee laboratory did EPA also believes that recommending 16, 1995). This species was added in attempt to conduct single-laboratory the use of EDTA will improve response to comments that the testing of the Holmesimysis costata successful test completion rates for the recommended test species in the acute Acute Test. method as laboratories consistently method manual did not include any During the WET Variability Study, the culture and test with EDTA. In addition invertebrate species indigenous to referee laboratory initiated five to improving test method performance, Pacific coastal waters. One commenter Holmesimysis costata acute tests. The the method modification to recommend also submitted data showing that referee laboratory did not initiate the use of EDTA is consistent with other Holmesimysis costata was at least as additional tests due to difficulties in established Selenastrum capricornutum sensitive to toxicants as the obtaining test organisms. Juvenile toxicity testing protocols. Both ASTM recommended acute toxicity test Holmesimysis costata used for testing (1992) and Environment Canada (1992) species. Based on these comments, the are generally obtained from field- methods for toxicity testing using acute method manual was modified to collected gravid females. The referee Selenastrum capricornutum recommend add a footnote listing Holmesimysis laboratory was unable to collect the use of EDTA. costata as an acceptable species for use sufficient numbers of gravid females EPA recognizes that the proposed with the Mysidopsis bahia Acute Test during most of the time frame for the modification to the Selenastrum procedures. The footnote to the table of WET Variability Study (September 1999 capricornutum Growth Test method test conditions for the Mysidopsis bahia through April 2000). Of the five tests may cause the method to underestimate Acute Test states that ‘‘Holmesimysis that were initiated, none successfully the toxicity of metals. EPA believes, costata can be used with the test met test acceptability criteria and however, that this modification is conditions in this table, except at a required test conditions. Three tests necessary to ensure adequate temperature of 12°C, instead of 20°C or failed to meet test acceptability criteria performance of the Selenastrum 25°C, and a salinity of 32‰–34‰, for control survival, and two tests failed capricornutum Growth Test method. instead of 5‰–30‰, where it is the to meet requirements for the age of test EPA also believes that under required test organism in discharge organisms (all within 24 hours). These appropriate implementation of the WET permits.’’ Because the acute method test failures demonstrated the program, this modification will not manual was incorporated by reference inadequacy of Mysidopsis bahia Acute significantly reduce environmental in the final rule, the incorporation of Test procedures for use in conducting protection. The Technical Support this footnote established Holmesimysis acute tests with Holmesimysis costata. Document for Water Quality-based costata as an approved acute toxicity EPA has since concluded that modified Toxics Control (USEPA, 1991b) test species. The WET final rule (60 FR test procedures are needed for recommends that permitting decisions 53529; October 16, 1995) clarified this successful conduct of the Holmesimysis be based on testing using a minimum of by stating that ‘‘EPA accepts the use of costata Acute Test. These modifications three species representing three * * * Holmesimysis costata in place of include more detailed organism different phyla (e.g., a fish, invertebrate, Mysidopsis bahia, with the same test collection and holding procedures, and plant). This recommendation is conditions (except at a temperature of specific dilution water requirements, based on the recognition that species 12°C, instead of 20°C or 25°C, and a revised temperature requirements, and differ in their sensitivity to toxicants. By salinity of 32‰–34‰, instead of 5‰– less restrictive test organism age using a battery of species to test the 30‰).’’ requirements. toxicity of an effluent, permitting EPA decided to evaluate the Today, EPA proposes to withdraw decisions can be made to protect the Holmesimysis costata Acute Test Holmesimysis costata as an acceptable most sensitive species tested. Using this method in the WET Variability Study species for use in the Mysidopsis bahia approach, the addition of EDTA in the according to the protocol as the method Acute Test method and proposes a Selenastrum capricornutum Growth was promulgated, i.e., using the test separate Holmesimysis costata Acute Test method would affect conditions for Mysidopsis bahia (except Test method. This proposal would add
VerDate 11
to the acute method manual a table of must determine whether a regulatory under section 203 of the UMRA, a small test conditions specific to Holmesimysis action is ‘‘significant’’ and therefore government agency plan. The plan must costata and information in Appendix subject to Office of Management and provide for the notification of A.3 on the morphology, taxonomy, Budget (OMB) review and the potentially affected small governments, collection, holding, culturing, feeding, requirements of the Executive Order. enabling officials of affected small and testing of Holmesimysis costata. The Executive Order defines governments to have meaningful and The specifics of the proposed ‘‘significant regulatory action’’ as one timely input in the development of EPA Holmesimysis costata Acute Test that is likely to result in a rule that may: regulatory proposals with significant method and the method manual changes (1) Have an annual effect on the Federal intergovernmental mandates, necessary to implement the addition of economy of $100 million or more or and informing, educating, and advising this method are detailed in the adversely affect in a material way the small governments on compliance with document titled, Proposed Changes to economy, a sector of the economy, the regulatory requirements. Whole Effluent Toxicity Method productivity, competition, jobs, the EPA has determined that today’s Manuals (USEPA, 2001d). environment, public health or safety, or proposed rule does not contain a The proposed Holmesimysis costata State, local, or tribal governments or Federal mandate that may result in Acute Test method is based on method communities; (2) create a serious expenditures of $100 million or more development data from the California inconsistency or otherwise interfere for State, local, and tribal governments, Water Resources Control Board’s Marine with an action taken or planned by in the aggregate, or the private sector in Bioassay Project (State Water Resources another agency; (3) materially alter the any one year. Today’s rule proposes Control Board, 1990) and from peer- budgetary impact of entitlements, revisions to WET test methods that are reviewed literature (Martin et al., 1989; grants, user fees, or loan programs or the currently approved for use in NPDES Hunt et al., 1997). These data show that rights and obligations of recipients permits and certification of Federal given the appropriate test procedures thereof; or (4) raise novel legal or policy licenses under the CWA. The revisions and test conditions, the Holmesimysis issues arising out of legal mandates, the are minor and the cost to implement costata Acute Test can produce reliable President’s priorities, or the principles them is minimal. Thus, today’s rule is and sensitive toxicity results with set forth in the Executive Order.’’ not subject to the requirements of adequate precision. Single-laboratory Pursuant to the terms of Executive sections 202 and 205 of the UMRA. testing of zinc with the Holmesimysis Order 12866, it has been determined EPA has determined that this rule costata Acute Test method yielded that this rule is not a ‘‘significant contains no regulatory requirements that intralaboratory precision (CVs) of 19% regulatory action.’’ Therefore, this might significantly or uniquely affect and 23% in 48-h and 96-h acute tests, action is not subject to OMB review. small governments. It would not significantly affect them because any respectively. Multi-laboratory testing of B. Unfunded Mandates Reform Act zinc with the Holmesimysis costata incremental costs incurred are minimal, Title II of the Unfunded Mandates Acute Test method yielded and it would not uniquely affect them Reform Act of 1995 (UMRA), Public interlaboratory precision (CVs) of 24% because it would affect entities of all Law 104–4, establishes requirements for and 1% in 2 separate trials. sizes required to test for whole effluent Federal agencies to assess the effects of In addition to the proposed toxicity by a regulatory authority the their regulatory actions on State, local, Holmesimysis costata Acute Test same. Further, whole effluent toxicity and tribal governments and the private method, EPA requests comment on the monitoring by small entities is generally sector. Under section 202 of the UMRA, applicability of similar methods expected to be less frequent than such EPA generally must prepare a written published by voluntary consensus monitoring by larger entities. Therefore, statement, including a cost-benefit standard bodies. A mysid toxicity test today’s rule is not subject to the analysis, for proposed and final rules method with specific test procedures for requirements of section 203 of UMRA. with ‘‘Federal mandates’’ that may Holmesimysis costata is published in result in expenditures to State, local, C. Regulatory Flexibility Act (RFA), as Standard Methods for the Examination and tribal governments, in the aggregate, Amended by the Small Business of Water and Wastewater (APHA et al., or to the private sector, of $100 million Regulatory Enforcement Fairness Act of 1998), and a West Coast mysid toxicity or more in any one year. Before 1996 (SBREFA), 5 U.S.C. 601 et seq. test method is published by the promulgating an EPA rule for which a The RFA generally requires an agency American Society for Testing and written statement is needed, section 205 to prepare a regulatory flexibility Materials (ASTM, 1993). EPA does not of the UMRA generally requires EPA to analysis of any rule subject to notice believe that these methods from identify and consider a reasonable and comment rulemaking requirements voluntary consensus standard bodies number of regulatory alternatives and under the Administrative Procedure Act provide the detailed requirements adopt the least costly, most cost- or any other stature unless the agency necessary for routine use in compliance effective or least burdensome alternative certifies that the rule will not have a monitoring, so EPA is proposing a new that achieves the objectives of the rule. significant economic impact on a Holmesimysis costata Acute Test The provisions of section 205 do not substantial number of small entities. method for inclusion in EPA’s acute apply when they are inconsistent with Small entities include small businesses, method manual (USEPA, 1993b). EPA applicable law. Moreover, section 205 small organizations, and small invites comment, however, on whether allows EPA to adopt an alternative other governmental jurisdictions. to approve the other organizations’ than the least costly, most cost-effective For purposes of assessing the impacts testing procedures, including comment or least burdensome alternative if the of today’s rule on small entities, small on their use for compliance monitoring. Administrator publishes with the final entity is defined as: (1) a small business IV. Regulatory Requirements rule an explanation of why that as defined by the U.S. Small Business alternative was not adopted. Before EPA Administration definitions at 13 CFR A. Executive Order 12866—Regulatory establishes any regulatory requirements 121.201; (2) a small governmental Planning and Review that may significantly or uniquely affect jurisdiction that is a government of a Under Executive Order 12866 (58 FR small governments, including tribal city, county, town, school district or 51735 (October 4, 1993)), the Agency governments, it must have developed, special district with a population of less
VerDate 11
than 50,000; and (3) a small E. National Technology Transfer and Order 12866, and (2) concerns an organization that is any not-for-profit Advancement Act environmental health or safety risk that enterprise which is independently Section 12(d) of the National EPA has reason to believe may have a owned and operated and is not Technology Transfer and Advancement disproportionate effect on children. If dominant in its field. Act of 1995 (NTTAA), Public Law 104– the regulatory action meets both criteria, After considering the economic 113, section 12(d) (15 U.S.C. 272 note) the Agency must evaluate the impacts of today’s proposed rule on directs EPA to use voluntary consensus environmental health or safety effects of small entities, I certify that this action standards in its regulatory activities the planned rule on children, and will not have a significant economic unless to do so would be inconsistent explain why the planned regulation is preferable to other potentially effective impact on a substantial number of small with applicable law or otherwise and reasonably feasible alternatives entities. Today’s rule proposes revisions impractical. Voluntary consensus considered by the Agency. This rule is to WET test methods that are currently standards are technical standards (e.g., not subject to the Executive Order approved for use in NPDES permits and materials specifications, test methods, because it is not economically certification of Federal licenses under sampling procedures, and business significant as defined in Executive the CWA. The revisions are minor and practices) that are developed or adopted Order 12866, nor does it concern an the cost to implement them is minimal. by voluntary consensus standards environmental health or safety risk that The proposed revisions are intended to bodies. The NTTAA directs EPA to EPA has reason to believe may have a improve the performance of WET tests, provide Congress, through OMB, disproportionate effect on children. and thus increase confidence in the explanations when the Agency decides reliability of the results obtained using not to use available and applicable G. Executive Order 13175—Consultation the test methods. EPA estimates that any voluntary consensus standards. and Coordination With Indian Tribal incremental costs associated with the Today’s action would revise existing Governments proposed revisions would be alleviated EPA WET test methods and add a new Executive Order 13175, entitled by a potential reduction in retesting that Holmesimysis costata Acute Test ‘‘Consultation and Coordination with may result from improved test method. For the methods that EPA is Indian Tribal Governments’’ (65 FR performance and increased confidence proposing to revise, the Agency did not 67249; November 6, 2000), requires EPA in the reliability of testing results. We conduct a search to identify potentially to develop an accountable process to continue to be interested in the applicable voluntary consensus ensure ‘‘meaningful and timely input by potential impacts of the proposed rule standards, because the revisions EPA tribal officials in the development of on small entities and welcome proposes today would merely regulatory policies that have tribal comments on issues related to such incorporate more specificity and detail implications.’’ ‘‘Policies that have tribal impacts. into already approved EPA test implications’’ is defined in the D. Paperwork Reduction Act methods. EPA invites comment, Executive Order to include regulations however, on the extent to which that have ‘‘substantial direct effects on This action does not impose an voluntary consensus standard one or more Indian tribes, on the information collection burden under the organizations’ methods would be relationship between the Federal provisions of the Paperwork Reduction consistent with the EPA methods for government and the Indian tribes, or on Act, 44 U.S.C. 3501 et seq. It does not which revisions are proposed today. For the distribution of power and contain any information, collection, the new Holmesimysis costata Acute responsibilities between the Federal reporting, or record keeping Test method, the Agency reviewed government and Indian tribes.’’ requirements. applicable voluntary consensus This proposed rule does not have Burden means the total time, effort, or standards and identified two mysid tribal implications. It will not have financial resources expended by persons methods (ASTM, 1993; APHA et al., substantial direct effects on tribal to generate, maintain, retain, or disclose 1998) that provide specific test governments, on the relationship or provide information to or for a procedures for use with Holmesimysis between the Federal government and Federal agency. This includes the time costata. While EPA requests comment Indian tribes, or on the distribution of needed to review instructions; develop, on the applicability of these voluntary power and responsibilities between the acquire, install, and utilize technology consensus standards, the Agency does Federal government and Indian tribes, and systems for the purposes of not believe that these methods would as defined in Executive Order 13175. collecting, validating, and verifying provide the additional detailed Today’s proposed rule would revise information, processing and requirements EPA proposes today. For WET test methods that are currently maintaining information, and disclosing this reason, EPA proposes a new EPA approved for use in NPDES permits and and providing information; adjust the Holmesimysis costata Acute Test certification of Federal licenses under existing ways to comply with any method. EPA welcomes comments on the CWA. The revisions are minor and previously applicable instructions and this aspect of the proposed rulemaking the cost to implement them is minimal. requirements; train personnel to be able and, specifically, invites the public to Thus, Executive Order 13175 does not to respond to a collection of identify potentially-applicable apply to this rule. In the spirit of information; search data sources; voluntary consensus standards and to Executive Order 13175, and consistent complete and review the collection of explain why such standards should be with EPA policy to promote information; and transmit or otherwise used in this regulation. communications between EPA and disclose the information. tribal governments, EPA specifically An Agency may not conduct or F. Executive Order 13045—Protection of Children From Environmental Health solicits comment on this proposed rule sponsor, and a person is not required to from tribal officials. respond to a collection of information Risks and Safety Risks unless it displays a currently valid OMB Executive Order 13045 (62 FR 19885, H. Executive Order 13132—Federalism control number. The OMB control April 23, 1997) applies to any rule that: Executive Order 13132, entitled numbers for EPA’s regulations are listed (1) Is determined to be ‘‘economically ‘‘Federalism’’ (64 FR 43255; August 10, in 40 CFR part 9 and 48 CFR chapter 15. significant’’ as defined under Executive 1999), requires EPA to develop an
VerDate 11
accountable process to ensure V. Request for Comments and Available controlled-pH and uncontrolled-pH ‘‘meaningful and timely input by State Data tests on well-treated municipal or and local officials in the development of EPA requests public comments on industrial effluents. Such data should regulatory policies that have federalism this proposed rule. EPA invites include raw toxicity test data sheets, implications.’’ ‘‘Policies that have comment on the technical merit, ammonia measurements on tested federalism implications’’ is defined in applicability, and implementation of the samples, and daily initial and final pH the Executive Order to include specific WET test method changes measurements on each test treatment. regulations that have ‘‘substantial direct included in this proposal. EPA also EPA also requests data from multiple effects on the States, on the relationship invites comments on the ratification of tests conducted on a given effluent over time to demonstrate a trend of between the national government and the methods listed. EPA encourages artifactual toxicity due to pH drift in the States, or on the distribution of commenters to provide copies of that effluent. Data sets should include supporting data and/or references cited power and responsibilities among the full strength effluent, as well as a range in comments. various levels of government.’’ of effluent concentrations and a dilution EPA recognizes that stakeholders This proposed rule does not have water control. Electronic as well as hard continue to have concerns over a variety federalism implications. It will not have copy formats of raw test data and of issues related to implementation of substantial direct effects on the States, statistical analysis are encouraged. whole effluent toxicity controls through Though EPA continues to search for and on the relationship between the national NPDES permits. Today’s notice, may yet develop data supporting the government and the States, or on the however, invites comments only on the need for procedures to control pH drift distribution of power and conduct of WET test methods and not in the absence of ammonia or other pH- responsibilities among the various on the implementation of WET control dependent toxicants, if sufficient data levels of government, as specified in strategies through NPDES permits. EPA Executive Order 13132. Today’s rule are not available at the time of final is interested in comments on the extent action on today’s proposal, EPA may not proposes revisions to WET test methods to which some aspect(s) of the technical that are currently approved for use in incorporate changes to the methods components of the method revisions beyond the 1996 guidance in the final NPDES permits and certification of proposed today may affect rule. Federal licenses under the CWA. The implementation of WET control revisions are minor and the cost to strategies. For example, today’s notice B. Percent Minimum Significant implement them is minimal. Thus, solicits comments related to the Difference Executive Order 13132 does not apply proposed application of percent The percent minimum significant to this rule. In the sprit of Executive minimum significant difference (PMSD) difference (PMSD) is a measure of Order 13132, and consistent with EPA approaches to evaluate the precision of within-test variability and test policy to promote communications WET test results (see Section B below). sensitivity. The PMSD for a given WET between EPA and State and local Application of the PMSD approach is test can be defined as the smallest governments, EPA specifically solicits intended to control the within-test percentage difference between the comment on this proposed rule from variability in WET methods. control and a treatment (an effluent State and local officials. Nationwide, however, NPDES agencies dilution) that could be declared as have implemented other concepts, such statistically significant. As test I. Executive Order 13211—Energy as limits on CVs to control for within- variability increases, the ability of a test Effects test variability rather than the PMSD to detect small toxic effects diminishes concepts about which EPA solicits and the test becomes a less sensitive This rule is not subject to Executive comment today. It is not EPA’s objective measure of toxicity. Appendix C of the Order 13211, ‘‘Actions Concerning to create conflict with the current WET method manuals (USEPA, 1994a; Regulations That Significantly Affect implementation of WET control USEPA, 1994b) describes the Energy Supply, Distribution, or Use’’ (66 strategies that do not presently apply calculation of the minimum significant FR 28355 (May 22, 2001)) because it is the PMSD concepts, but instead to difference (MSD). The PMSD is simply not a significant regulatory action under enhance ongoing implementation efforts the MSD expressed as a percentage of Executive Order 12866. by providing an additional review step the control response (i.e., PMSD = MSD/ for WET test results to promote WET control mean * 100). J. Plain Language Directive test precision. To the extent that In June 2000, EPA published guidance Executive Order 12866 requires each application of the PMSD concepts could on WET test variability that agency to write all rules in plain result in conflicts with the current and recommended placing upper and lower language. We invite your comments on ongoing WET implementation, EPA bounds on the PMSD to control variability and ensure a specified range how to make this proposed rule easier invites comments on how to ameliorate of test sensitivity (USEPA, 2000d). This to understand. For example, have we any such adverse effects on WET implementation. guidance derived lower and upper organized the material to suit your bounds as the 10th and 90th percentiles, needs? Are the requirements in the rule A. pH Drift respectively, of PMSDs from a large clearly stated? Does the rule contain In particular, EPA requests comments number of reference toxicant tests. technical language or jargon that isn’t and available data to support or refute Based on this guidance, tests for which clear? Would a different format test method changes related to pH drift the PMSD exceeds an upper bound (grouping and order of sections, use of (see Section III.B.3.b). EPA requests that would be conducted again (with a headings, paragraphing) make the rule commenters provide any data that show newly collected sample), if the test leads easier to understand? Would more (but the value of proposed pH control to a decision that there is no significant shorter) sections be better? Could we measures in situations where ammonia toxicity at the concentration identified improve clarity by adding tables, lists, or other pH-dependent toxicants are not in the permit as a limit (‘‘Instream or diagrams? What else could we do to present. EPA specifically requests Waste Concentration’’ (IWC) or make the rule easier to understand? chronic toxicity data from parallel ‘‘Receiving Water Concentration’’). This
VerDate 11
guidance also applies lower PMSD Minnow Larval Survival and Growth PMSD bounds as described above, and bounds for the purpose of determining Test and the Selenastrum (3) additional or alternative applications the no observed effect concentration capricornutum Growth Test. At this of PMSD bounds to control test (NOEC). The purpose of the lower time, EPA does not believe that precision. Alternative applications of PMSD bound is to avoid declaring as requiring PMSD bounds for these test PMSD bounds could include quality ‘‘significant’’ toxic effects that are methods would be appropriate because: control requirements for laboratories to smaller than those that can generally (a) These methods appear to achieve track PMSD values over time (e.g., and routinely be detected by the method smaller PMSDs than the other chronic control charts for PMSD performance in as currently conducted by qualified methods (USEPA 2000d), and (b) the reference toxicant and/or effluent tests); laboratories. Application of a lower PMSD bounds for these methods a requirement to demonstrate recent, bound does not imply that EPA has (USEPA 2000d) would be based upon ongoing precision (PMSD less than an knowledge that, or considers that, fewer laboratories and tests (albeit a upper bound) in multiple tests before percent differences smaller than the substantial number) than the PMSD starting an effluent test; and/or use of lower bound represent non-toxic effects. bounds for the methods for which EPA PMSD bounds as a component of test The lower bound PMSD is used here not invites comment today. EPA also review. EPA also requests that as a threshold for toxicity but as a considered the appropriateness of commenters submit data (hard copy and measure of method precision. PMSD bounds for the survival electronic format) to support their Today, EPA seeks comment on endpoints of test methods for chronic comments or recommendations proposing to require the application of toxicity, and test methods for acute regarding the application of PMSDs. the upper and lower PMSD bounds for toxicity. At this time, EPA does not C. Other Method Modifications sublethal endpoints in the (1) believe that imposing PMSD bounds for Ceriodaphnia dubia Survival and the survival endpoints would be In addition to the method Reproduction Test; (2) Fathead Minnow necessary because precision for survival modifications proposed today, EPA Larval Survival and Growth Test; (3) endpoints appears to be, in most cases, seeks comment and recommendations Mysidopsis bahia Survival, Growth, and better than precision for sublethal on other method modifications that Fecundity Test; and (4) Inland endpoints (USEPA 2000d). EPA seeks would improve the performance of the Silverside Larval Survival and Growth comment on the appropriateness of WET test methods. Specifically, EPA Test. The proposed requirement would imposing PMSD bounds for four test requests comment and recommendations on (1) increasing the apply to the determination of the NOEC methods and for sublethal endpoints. and LOEC (lowest observed effect test acceptability criteria for mean concentration) for sublethal endpoints EPA considered other measures of test control reproduction (number of young in multi-concentration tests. In the precision, including the standard per surviving female) in the proposed application, the upper and deviations and coefficients of variation Ceriodaphnia dubia Survival and lower PMSD bounds would be used to for treatments and control, MSD, and Reproduction Test; (2) increasing the determine when a treatment differs the mean square for error from the test acceptability criteria for mean significantly from the control treatment. analysis of variance of treatment effects control weight (mean weight per Any test treatment with a percentage (USEPA 1994a, 1994b). EPA considers original) in the Fathead Minnow Larval difference from the control (i.e., [mean the PMSD to be the measure that would Survival and Growth Test; (3) increasing control response—mean treatment be most easily understood and that the number of replicate chambers per response]/ mean control response * 100) could be directly applied to concentration from a minimum of three that is greater than the upper PMSD determination of NOEC and LOEC to a minimum of four in the Fathead bound would be considered as values. The PMSD quantifies the Minnow Larval Survival and Growth significantly different. Any test smallest percentage difference between Test Method, Sheepshead Minnow treatment with a percentage difference the control and a treatment (effluent Larval Survival and Growth Test from the control that is less than the dilution) that could be declared as Method, the Inland Silverside Larval lower PMSD bound would not be statistically significant. It thus includes Survival and Growth Test Method, and considered as significantly different. exactly that variability affecting the Sea Urchin Fertilization Test The specifics of method manual changes determination of the NOEC and LOEC. Method; and (4) increasing the proposed to institute the required The CV for the control or any one minimum number of replicates in the application of PMSD bounds are treatment, or for selected treatments, Ceriodaphnia dubia Survival and detailed in the document titled, represents only a portion of the Reproduction Test Method. Proposed Changes to Whole Effluent variability affecting the NOEC, LOEC, Modifications to the minimum number Toxicity Method Manuals (USEPA, and point estimates. Some State or of replicates would be made to improve 2001d). The PMSD procedures about Regional WET programs have the precision of the test methods. EPA which EPA invites comment today requirements on the CV for the control intends to evaluate these and other would not preclude application of the and the treatment representing the IWC options for improving WET test method current recommended guidance (USEPA concentration. Such requirements can performance using existing data (from 2000d) on PMSD bounds because provide finer control over the variability the WET Variability Study and the today’s proposed procedures are less influencing a comparison, especially a Variability Guidance Document) and restrictive than the guidance direct comparison between the control data submitted to EPA in response to recommendation. EPA will consider and the IWC treatment. The PMSD this request. EPA requests comments using additional sources of data for upper bound provides control over the and recommendations on any additional developing lower and upper bounds for average variability and would be used quality control measures that would PMSD, including, but not limited to, here specifically for multi-concentration increase test precision or the overall data from EPA’s WET Variability Study tests in which the NOEC or LOEC are quality of data generated. Comments (USEPA, 2001a). determined by using the MSD. EPA should be supported by data (hard copy EPA considered the appropriateness seeks comment on (1) the need for and electronic format) and other of requiring PMSD bounds for the increased within-test precision, (2) the technical information whenever growth endpoints of the Sheepshead merits and drawbacks of applying possible. Comments that contain
VerDate 11
suggestions that are not supported by dubia. Environ. Toxicol. Chem. 11: and survival toxicity test using the submitted data will be considered, but 839–850. west coast mysid crustacean, will be given less weight than those DeGraeve, G.M., J.D. Cooney, B.H. Holmesimysis costata. Environ. supported by data. EPA also requests Marsh, T.L. Pollock, and N.G. Toxicol. Chem. 16(4): 824–834. that commenters submit information on Reichenback. 1992. Variability in Lone Star Steel v. EPA, Settlement estimated increases in testing costs that the performance of the 7-d Agreement, March 4, 1998. U.S. may be associated with any Ceriodaphnia dubia survival and Court of Appeals, D.C. Circuit, No. recommended method modification. reproduction test: an intra- and 96–1157. Lastly, EPA requests comment on the interlaboratory study. Environ. Lussier, S.M., A. Kuhn, and R. Comeleo. document titled, Study Report and Toxicol. Chem. 11: 851–866. 1999. An evaluation of the seven- Recommended Standard Operating DeGraeve, G.M., G.J. Smith, W.H. day toxicity test with Americamysis Procedure (SOP) for Shipping Large Clement, D.O. McIntyre, and T. bahia (formerly Mysidopsis bahia). Volume Samples at Less Than 4°C Forgette. 1998. WET Testing Environ. Toxicol. Chem. 18(12): (USEPA, 2001f), which is included in Program: Evaluation of Practices 2888–2893. the record for this rulemaking (see and Implementation. Project 94– Martin, M., J.W. Hunt, and B.S. Addresses section of this rule for more HHE–1. Water Environment Anderson. 1989. Experimental information on obtaining copies of Research Foundation, Alexandria, evaluation of the mysid referenced materials). This report VA. Holmesimysis costata as a test presents data to support a recommended DeLisle, P.F. and M.H. Roberts. 1988. organism for effluent toxicity SOP for meeting sample temperature The effect of salinity on cadmium testing. Environ. Toxicol. Chem. 8: requirements (less than 4°C) during toxicity to the estuarine mysid 001–010. shipping of WET samples. Mysidopsis bahia: role of chemical Moore, T.F., S.P. Canton, and M. speciation. Aquat. Toxicol. 12(4): Grimes. 2000. Investigating the VI. References 357–370. Incidence of Type I Errors for American Public Health Association Downey, P.J., K. Fleming, R. Guinn, N. Chronic Whole Effluent Toxicity (APHA), American Water Works Chapman, P. Varner, and J.D. Testing Using Ceriodaphnia dubia. Association (AWWA), and Water Cooney. 2000. Sporadic mortality in Environ. Toxicol. Chem. 19: 118– Environment Federation (WEF). chronic toxicity tests using 122. 1998. Standard Methods for the Pimephales promelas (Rafinesque): Mount, D.R. and D.I. Mount. 1992. A Examination of Water and cases of characterization and simple method of pH control for Wastewater, 20th ed. American control. Environ. Toxicol. Chem. static and static renewal aquatic Public Health Association, 19(1): 248–255. toxicity tests. Environ. Toxicol. Washington, DC. Edison Electric Institute et al. v. EPA, Chem. 11: 609–614. American Society for Testing and Settlement Agreement, July 24, Pennak, R.W. 1989. Fresh-water Materials. 1992. Standard guide for 1998. U.S. Court of Appeals, D.C. Invertebrates of the United States: conducting static 96-h toxicity tests Circuit, No. 96–1062. Protozoa to Mollusca, 3rd ed. John with microalgae. E 1218–90. In Emerson, K., R.C. Russo, R.E. Lund, and Wiley & Sons, New York. Annual Book of ASTM Standards, R.V. Thurston. 1975. Aqueous Schubauer-Berigan, M.K., J.R. Dierkes, Vol. 11.04. American Society for ammonia equilibrium calculations; P.D. Monson, and G.T. Ankley. Testing and Materials, Philadelphia, effect of pH and temperature. J. Fish 1993. pH-dependent toxicity of Cd, PA, pp 874–885. Res. Bd. Can. 32(12): 2380–2383. Cu, Ni, Pb, and Zn to Ceriodaphnia American Society for Testing and Environment Canada. 1992. Biological dubia, Pimephales promelas, Materials. 1993. Standard guide for test method: growth inhibition test Hyalella azteca, and Lumbriculus conducting static and flow-through using the freshwater alga variegatus. Environ. Toxicol. Chem. acute toxicity tests with mysids Selenastrum capricornutum. Report 12: 1261–1266. from the West Coast of the United EPS 1/RM/25. Environment Canada, Society of Environmental Toxicology States. E 1463–92. In Annual Book Ottawa, ON. and Chemistry (SETAC). 1999. of ASTM Standards, Vol. 11.04. Geis, S., K. Fleming, A. Mager, and K. Potential pathogenic interference in American Society for Testing and Schappe. 2000a. Investigation of the short-term chronic WET tests using Materials, Philadelphia, PA, pp pathogenic effect in whole effluent fathead minnows. 7pp. http:// 1278–1299. toxicity (WET) chronic fathead www.setac.org/wetFAQs.html. Belanger, S.E., J.L. Farris, and D.S. minnow tests. SETAC Abstract State Water Resources Control Board. Cherry. 1989. Effects of diet, water Book, 21st Annual Meeting, 12–16 1990. Procedures Manual for hardness, and population source on November, 2000. Conducting Toxicity Tests acute and chronic copper toxicity to Geis, S.W., K.L. Fleming, E.T. Korthals, Developed by the Marine Bioassay Ceriodaphnia dubia. Arch. Environ. G. Searle, L. Reynolds, and D.A. Project. Report 90–10WQ. Contam. Toxicol. 18: 601–611. Karner. 2000b. Modifications to the California Environmental Protection Belanger, S.E. and D.S. Cherry. 1990. algal growth inhibition test for use Agency, Sacramento, CA. Interaction effects of pH as a regulatory assay. Environ. U.S. Environmental Protection Agency. acclimation, pH, and heavy metals Toxicol. Chem. 19(1): 36–41. 1991a. Methods for Aquatic on acute and chronic toxicity to Haynes, G.J., A.J. Stewart, and B.C. Toxicity Identification Evaluations: Ceriodaphnia dubia (Cladocera). J. Harvey. 1989. Gender-dependent Phase I Toxicity Characterization Crust. Biol. 10(2): 225–235. problems in toxicity tests with Procedures, 2nd ed. EPA/600/6–91/ Cooney, J.D., G.M. DeGraeve, E.L. Ceriodaphnia dubia. Bull. Environ. 003. U.S. Environmental Protection Moore, B.J. Lenoble, T.L. Pollock, Contam. Toxicol. 43(2): 271–279. Agency, Office of Research and and G.J. Smith. 1992. Effects of Hunt, J.W., B.S. Anderson, S.L. Turpen, Development, Environmental environmental and experimental A.R. Coulon, M. Martin, and F. Research Laboratory, Duluth, MN. design factors on culturing and Palmer. 1997. Precision and U.S. Environmental Protection Agency. toxicity testing of Ceriodaphnia sensitivity of a seven-day growth 1991b. Technical Support
VerDate 11
Document for Water Quality-Based Monitoring Systems Laboratory, Interlaboratory Variability Study of Toxics Control. EPA/505/2–90/001. Cincinnati, OH. EPA Short-term Chronic and Acute U.S. Environmental Protection U.S. Environmental Protection Agency. Whole Effluent Toxicity Test Agency, Office of Water 1996b. Clarifications Regarding Methods, Vol. 2: Appendix. EPA/ Enforcement and Permits, and Flexibility in 40 CFR Part 136 821/R–00/028B. U.S. Office of Water Regulations and Whole Effluent Toxicity (WET) Test Environmental Protection Agency, Standards, Washington, D.C. Methods, April 10, 1996, Office of Water, Washington, D.C. U.S. Environmental Protection Agency. memorandum from Tudor Davies, U.S. Environmental Protection Agency. 1992. Toxicity Identification U.S. Environmental Protection 2000d. Understanding and Evaluation: Characterization of Agency, Office of Science and Accounting for Method Variability Chronically Toxic Effluents, Phase Technology, Washington D.C. in Whole Effluent Toxicity I. EPA/600/6–91/005F. U.S. U.S. Environmental Protection Agency. Applications Under the National Environmental Protection Agency, 1996c. Marine Toxicity Pollutant Discharge Elimination Office of Research and Identification Evaluation (TIE): System Program. EPA/833/R–00/ Development, Environmental Phase I Guidance Document. EPA/ 003. U.S. Environmental Protection Research Laboratory, Duluth, MN. 600/R–96/054. U.S. Environmental Agency, Office of Wastewater U.S. Environmental Protection Agency. Protection Agency, National Health Management, Washington, D.C. 1993a. Methods for Aquatic and Environmental Effects Research U.S. Environmental Protection Agency. Toxicity Identification Evaluations: Laboratory, Narragansett, RI. 2001a. Final Report: Interlaboratory Phase II Toxicity Identification U.S. Environmental Protection Agency. Variability Study of EPA Short-term Procedures for Acutely and 1999a. Errata for Effluent and Chronic and Acute Whole Effluent Chronically Toxic Samples. EPA– Receiving Water Toxicity Test Toxicity Test Methods, Vol. 1. EPA/ 600/R–92/080. U.S. Environmental Manuals: Acute Toxicity of 821/B–01/004. U.S. Environmental Protection Agency, Office of Effluents and Receiving Waters to Protection Agency, Office of Water, Research and Development, Freshwater and Marine Organisms; Washington, D.C. Environmental Research Short-term Methods for Estimating U.S. Environmental Protection Agency. Laboratory, Duluth, MN. the Chronic Toxicity of Effluents 2001b. Final Report: Interlaboratory U.S. Environmental Protection Agency. and Receiving Waters to Freshwater Variability Study of EPA Short-term 1993b. Methods for Measuring the Organisms; and Short-term Methods Chronic and Acute Whole Effluent Acute Toxicity of Effluents and for Estimating the Chronic Toxicity Toxicity Test Methods, Vol. 2: Receiving Waters to Freshwater and of Effluents and Receiving Waters to Appendix. EPA/821/B–01–005. U.S. Marine Organisms, 4th ed. EPA/ Marine and Estuarine Organisms. Environmental Protection Agency, 600/4–90/027F. U.S. Environmental January 1999. EPA/600/R–98/182. Office of Water, Washington, D.C. Protection Agency, Environmental U.S. Environmental Protection U.S. Environmental Protection Agency. Monitoring Systems Laboratory, Agency, Office of Research and 2001c. Summary Report: Peer Cincinnati, OH. Development, Duluth, MN. Review of ‘‘Preliminary Report: U.S. Environmental Protection Agency. U.S. Environmental Protection Agency. Interlaboratory Variability Study of 1994a. Short-term Methods for 1999b. Whole effluent toxicity: EPA Short-term Chronic and Acute Estimating the Chronic Toxicity of guidelines establishing test Whole Effluent Toxicity Test Effluents and Receiving Waters to procedures for the analysis of Methods’’ (WET Study Report). U.S. Freshwater Organisms, 3rd ed. pollutants, whole effluent toxicity Environmental Protection Agency, EPA/600/4–91/002. U.S. tests; final rule, technical Office of Water, Washington, D.C. Environmental Protection Agency, correction. FR 64: 4975–4991. U.S. Environmental Protection Agency. Environmental Monitoring Systems U.S. Environmental Protection Agency. 2001d. Proposed Changes to Whole Laboratory, Cincinnati, OH. 1999c. Toxicity Reduction Effluent Toxicity Method Manuals. U.S. Environmental Protection Agency. Evaluation Guidance for Municipal EPA/821/B–01/002. U.S. 1994b. Short-term Methods for Wastewater Treatment Plants. EPA/ Environmental Protection Agency, Estimating the Chronic Toxicity of 833/B–99/002. U.S. Environmental Office of Water, Washington, D.C. Effluents and Receiving Waters to Protection Agency, Office of Water, U.S. Environmental Protection Agency. Marine and Estuarine Organisms, Washington, D.C. 2001e. Report on the Analysis of 2nd ed. EPA/600/4–91/003. U.S. U.S. Environmental Protection Agency. Block Effects. U.S. Environmental Environmental Protection Agency, 2000a. Method Guidance and Protection Agency, Office of Water, Environmental Monitoring Systems Recommendations for Whole Washington, D.C. Laboratory, Cincinnati, OH. Effluent Toxicity (WET) Testing (40 U.S. Environmental Protection Agency. U.S. Environmental Protection Agency. CFR Part 136). EPA/821/B–00/004. 2001f. Study Report and 1995. Whole effluent toxicity: U.S. Environmental Protection Recommended Standard Operating guidelines establishing test Agency, Office of Water, Procedure (SOP) for Shipping Large procedures for the analysis of Washington, D.C. Volume Samples at Less Than 4°C. pollutants, final rule. Fed. Reg. 60: U.S. Environmental Protection Agency. U.S. Environmental Protection 53529–53563. 2000b. Preliminary Report: Agency, Office of Water, U.S. Environmental Protection Agency. Interlaboratory Variability Study of Washington, D.C. 1996a. Addenda for Acute Manual. EPA Short-term Chronic and Acute U.S. Environmental Protection Agency. In U.S. Environmental Protection Whole Effluent Toxicity Test 2001g. Clarifications Regarding Agency, Methods for Measuring the Methods, Vol. 1. EPA/821/R–00/ Toxicity Reduction and Acute Toxicity of Effluents and 028A. U.S. Environmental Identification Evaluations in the Receiving Waters to Freshwater and Protection Agency, Office of Water, National Pollutant Discharge Marine Organisms, 4th ed. EPA/ Washington, D.C. Elimination System Program. U.S. 600/4–90/027F. U.S. Environmental U.S. Environmental Protection Agency. Environmental Protection Agency, Protection Agency, Environmental 2000c. Preliminary Report: Office of Water, Washington, D.C.
VerDate 11
List of Subjects in 40 CFR Part 136 PART 136—GUIDELINES a. In Table IA paragraph (a) by Environmental protection, Reporting ESTABLISHING TEST PROCEDURES revising entries 6 to 9. and recordkeeping requirements, Water FOR THE ANALYSIS OF POLLUTANTS b. In paragraph (a) by revising pollution control. 1. The authority citation for Part 136 footnotes 7–9 to Table IA. Dated: September 24, 2001. continues to read as follows: c. In paragraph (b) by revising Christine Todd Whitman, Authority: Secs. 301, 304(h), 307, and references (34), (38), and (39). d. In Administrator. 501(a), Pub. L. 95–217, 91 Stat. 1566, et seq. paragraph (b) by removing and reserving For the reasons set out in the (33 U.S.C. 1251, et seq.) (The Federal Water reference (42). Pollution Control Act Amendments of 1972 preamble, title 40, chapter I of the Code § 136.3 Identification of test procedures. of Federal Regulations, is proposed to be as amended by the Clean Water Act of 1977). amended as follows: 2. Section 136.3 is amended: (a) * * *
TABLE IA.—LIST OF APPROVED BIOLOGICAL METHODS
Standard Parameter and units Method 1 EPA methods 18th, ASTM AOAC USGS Other 19th, 20th Ed.
******* Aquatic Toxicity: 6. Toxicity, Daphnia, Sec. 9 7 acute, fresh Ceriodaphnia, water orga- Fathead Minnow, nisms, LC50, Rainbow Trout, percent efflu- Brook Trout, or ent.. Bannerfin Shiner mortality. 7. Toxicity, Mysidopsis bahia, Sec. 9 7 acute, estua- Holmesimysis rine and ma- costata, Sheeps- rine orga- head Minnow, or nisms, LC50, Menidia spp. percent efflu- mortality. ent.. 8. Toxicity, Fathead minnow 1000.0 8 chronic, fresh larval survival water orga- and growth. nisms, NOEC or IC25, per- cent effluent.. Fathead minnow 1001.0 8 embryo-larval survival and teratogenicity. Ceriodaphnia sur- 1002.0 8 vival and repro- duction. Selenastrum growth 1003.0 8 9. Toxicity, Sheepshead min- 1004.0 9 chronic, estu- now larval sur- arine and vival and growth. marine orga- nisms, NOEC or IC25, per- cent effluent.. Sheepshead min- 1005.0 9 now embryo-lar- val survival and teratogenicity. Menidia beryllina 1006.0 9 larval survival and growth. Mysidopsis bahia 1007.0 9 survival, growth, a fecundity. Arbacia punctulata 1008.0 9 fertilization. Champia parvula 1009.0 9 reproduction.
******* Notes to Table IA:
VerDate 11
1 The method must be specified when results are reported. 7 USEPA. [Date: To be completed at final rule]. Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms. Fifth Edition. U.S. Environmental Protection Agency, Environmental Monitoring Systems Laboratory, Cincinnati, Ohio. [EPA number: To be com- pleted at final rule]. 8 USEPA. [Date: To be completed at final rule]. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms. Fourth Edition. U.S. Environmental Protection Agency, Environmental Monitoring Systems Laboratory, Cincinnati, Ohio. [EPA number: To be completed at final rule]. 9 USEPA [Date: to be completed at final rule]. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Ma- rine and Estuarine Organisms. Third Edition. U.S. Environmental Protection Agency, Environmental Monitoring Systems Laboratory, Cincinnati, Ohio. [EPA number: To be completed at final rule]. These methods do not apply to marine waters of the Pacific Ocean.
* * * * * be completed at final rule]. Table IA, Estimating the Chronic Toxicity of (b) * * * Note 7. Effluents and Receiving Water to Marine * * * * * and Estuarine Organisms. Third Edition. References, Sources, Costs, and Table (38) USEPA. [Date: To be completed [Date: To be completed at final rule]. Citations: at final rule]. Short-Term Methods for U.S. Environmental Protection Agency, * * * * * Estimating the Chronic Toxicity of Environmental Monitoring Systems (34) USEPA. [Date: To be completed Effluents and Receiving Water to Laboratory, Cincinnati, Ohio. [EPA at final rule]. Methods for Measuring the Freshwater Organisms. Fourth Edition. number: To be completed at final rule]. Acute Toxicity of Effluents and [Date: To be completed at final rule]. Available from: National Technical Receiving Water to Freshwater and U.S. Environmental Protection Agency, Information Service, 5285 Port Royal Marine Organisms. Fifth Edition. [Date: Environmental Monitoring Systems Road, Springfield, Virginia 22161, Publ. Laboratory, Cincinnati, Ohio. [EPA To be completed at final rule]. U.S. No. [Publication number: To be number: To be completed at final rule]. Environmental Protection Agency, completed at final rule]. Cost: $[Cost: To Available from: National Technical Environmental Monitoring Systems be completed at final rule]. Table IA, Information Service, 5285 Port Royal Note 9. Laboratory, Cincinnati, Ohio [EPA Road, Springfield, Virginia 22161, Publ. number: To be completed at final rule]. No. [Publication number: To be * * * * * Available from: National Technical completed at final rule]. Cost: $[Cost: To (42) [Reserved] Information Service, 5285 Port Royal be completed at final rule]. Table IA, * * * * * Road, Springfield, Virginia 22161, Publ. Note 8. No. [Publication number: To be (39) USEPA. [Date: To be completed [FR Doc. 01–24374 Filed 9–27–01; 8:45 am] completed at final rule]. Cost: $[Cost: To at final rule]. Short-Term Methods for BILLING CODE 6560–50–P
VerDate 11
Part VII
Department of Transportation Federal Aviation Administration
14 CFR Part 99 Security Control of Air Traffic; Final Rule
VerDate 11
DEPARTMENT OF TRANSPORTATION Administration, 800 Independence You can also get an electronic copy Avenue, SW., Washington, DC 20591; using the Internet through FAA’s web Federal Aviation Administration telephone (202) 267–8783. page at http://www.faa.gov/avr/arm/ SUPPLEMENTARY INFORMATION: nprm/nprm.htm or through the Federal 14 CFR Part 99 Register’s web page at http:/ Comments Invited www.access.gpo.gov/su_docs/aces/ [Docket No. FAA–2001–10693] Although this action is in the form of aces140.html. RIN 2120–AH25 a final rule and was not preceded by a You can get a paper copy by notice of proposed rulemaking, we submitting a request to the Federal Security Control of Air Traffic invite you comments on this rule. The Aviation Administration, Office of most useful comments are those that are Rulemaking, ARM–1, 800 Independence AGENCY: Federal Aviation Avenue SW., Washington, DC 20591, or Administration, DOT. specific, related to issues raised by the rule, and that explain the reason for any by calling (202) 267–9680. Make sure to ACTION: Final rule; request for recommended change. To ensure identify the docket number of this comments. consideration, you must identify the rulemaking. SUMMARY: This action modifies Rules Docket number in your Background regulations governing security control of comments, and you must submit On December 27, 1988, the President air traffic. Specifically, this action comments to the address specified issued Proclamation No. 5928, revises the boundaries of the Air under the ADDRESSES section of this Territorial Sea of the United States of Defense Identification Zones preamble. We will consider all America (54 FR 777, Jan. 9, 1989), surrounding the contiguous United communications received on or before which extended the boundaries of the States and Alaska and amends the flight the closing date for comments, and we territorial sea of the United States from plan and communications requirements may amend or withdraw this rule in 3 to 12 nautical miles from U.S. for pilots planning flight into, within, or light of the comments received. Factual shorelines for international purposes. whose departure point is within any of information that supports your ideas The territorial sea is a maritime zone these zones. This action conforms the and suggestions is extremely helpful in extending beyond the shorelines, security control of air traffic regulations evaluating the effectiveness of this including the airspace, of the United with Presidential Proclamation No. action and determining whether States over which it exercises 5928; supports the Department of additional rulemaking action is needed. sovereignty and jurisdiction. The Defense in accomplishing its national We specifically invite comments on President issued Proclamation No. 5928 defense and drug interdiction missions; the overall regulatory, economic, to advance National Security and other and assists law enforcement agencies in environmental, and energy aspects of significant interests. their efforts to stop the transportation of the rule that might suggest a need to Although Proclamation No. 5928 illegal drugs by aircraft. modify the rule. All comments extended the physical boundaries of the submitted will be available, both before DATES: This final rule is effective on territorial seas, it did not extend the November 13, 2001. Comments for and after the closing date for comments, jurisdiction of any state or Federal law, inclusion in the Rules Docket must be in the Rules Docket for examination by nor did it alter the geographical received on or before November 13, interested persons. We will file in the boundaries of the national borders and 2001. Rules Docket a report that summarizes territorial waters within three miles of each public contract related to the the United States. As a result, the ADDRESSES: Address your comments to substance of this rule. definition for ‘‘United States’’ contained the Docket Management Systems, U.S. If you want us to acknowledge receipt in Title III of the Federal Aviation Act Department of Transportation, Room PL, of your comments submitted in of 1958 (FAAct), since codified in 49 401 Seventh Street, SW., Washington, response to this rule, you must include U.S.C. 1341–1355, was not changed by DC 20590–0001. You must identify the with your comments a self-addressed, Proclamation No. 5928. Consequently, docket number at the beginning of your stamped postcard on which you identify the definition contained in the FAAct comments, and you should submit two the Rules Docket number of this for ‘‘United States’’ did not apply to the copies of your comments. If you wish to rulemaking. We will date stamp the annexed territorial sea between three to receive confirmation that FAA has postcard and return it to you. twelve nautical miles from the U.S. received your comments, include a self- Availability of Rulemaking Documents shorelines. addressed, stamped postcard. Annex 2 of the Chicago Convention You may also submit comments You can get an electronic copy from on International Civil Aviation obligates through the Internet to http:// the Department of Transportation’s web its members to adopt measures to insure dms.dot.gov. You may review the public site by taking the following steps: that aircraft operating within its docket containing comments on these 1. Go to the search function of the airspace comply with its air traffic rules regulations in person in the Dockets Department of Transportation’s and ‘‘Rules of the Air.’’ In addition, Office between 9 a.m. and 5 p.m., electronic Docket Management System members are required to enforce their Monday through Friday, except Federal (DMS) web page (http://dms.dot.gov/ applicable regulations. Rules of the air holidays. The Dockets Office is on the search). imposed by the United States are found plaza level of the Nassif Building at the 2. On the search page type in the last in Title 14 of the Code of Federal Department of Transportation at the four digits of the Docket number shown Regulations (14 CFR) part 91, among above address. Also, you may review at the beginning of this notice. Click on other regulations. However, for the public dockets on the Internet at http:/ ‘‘Search’’. reasons explained earlier, these rules /dms.dot.gov. 3. On the next page, which contains could not be applied to the territorial FOR FURTHER INFORMATION CONTACT: the Docket summary information for the seas between 3 and 12 nautical miles of Sheri Edgett Baron, Airspace and Rules Docket you selected, click on the United States shorelines, even though Division, ATA–400, Office of Air Traffic document number for the item you wish these areas could no longer qualify as Airspace Management, Federal Aviation to view. ‘‘open sea.’’ In order to correct the lapse
VerDate 11
in U.S. jurisdiction over the annexed smuggling and this will improve the speed to avoid radar detection. This airspace, the Federal Aviation safety of all aircraft operations in the practice increases the risk of midair Administration (FAA or ‘‘we’’) initiated [air defense identification zones].’’ collision or loss of aircraft control and several rulemaking actions. Based on our review of the DoD poses a threat to aircraft used in On January 4, 1989, the FAA issued petition and the comment received from legitimate operations and for persons a final rule entitled Special Federal ALPA, the FAA has determined that it and property on the ground. The FAA Aviation Regulation No. 53 (54 FR 264, is in the public interest to grant the also believes that requiring pilots to Jan. 4, 1989) to coincide with the petition and amend 14 CFR part 99 by activate and close a flight plan and to territorial jurisdiction adopted by the issuing a final rule that is immediately maintain a continuous listening watch United States under Proclamation No. effective. Under our regulations (14 CFR on the appropriate aeronautical facility’s 5928. This final rule amended 14 CFR 11.11), we may use a type of frequency will provide necessary parts 71 and 91 to extend controlled immediately effective final rule that we tracking information to the DoD. Using airspace and the applicability of flight call a ‘‘final rule with request for this information, the DoD and law rules to the territorial seas between comment.’’ A final rule with request for enforcement agencies can quickly three and twelve nautical miles of U.S. comment is a rule that invites public identify aircraft involved in illegal shorelines. comment on a rule that we are issuing operations resulting in the fewer safety On August 11, 1994, the Department in final (with an effective date). We hazards created by aircraft involved in of Defense (DoD) petitioned the FAA to usually do this when we have not first illegal drug activities. initiate rulemaking to update 14 CFR issued a notice of proposed rulemaking part 99, which governs security control (NPRM) because we have found that Section-by-Section Analysis of the Final of air traffic. The petition requested doing so would be impractical, Rule extension of the boundaries of the inner unnecessary, or contrary to the public Section 99.1 Applicability air defense identification zone (ADIZ) to interest. 12 nautical miles to reflect changes In this case, we have determined that In this rule, we are amending made by Proclamation No. 5928. The issuing an NPRM is both unnecessary paragraph (b)(2) of this section to be petition also asked for changes to and contrary to the public interest. An consistent with Presidential streamline the identification of aircraft NPRM is unnecessary because we do Proclamation No. 5928, which extended operating in an ADIZ. The DoD is the not anticipate any substantive the boundaries of the territorial sea of lead agency charged with the comments. In the most recent the United States from 3 to 12 nautical responsibility for aerial detection and rulemaking affecting part 99, we miles from U.S. shorelines for monitoring of drug smuggling, received no adverse comments (See 53 international purposes. We are also especially in the ADIZ. An ADIZ is an FR 18216, May 20, 1988, a final rule making an editorial change to previous area of airspace over land or water in changing the lateral boundaries of paragraph (c), which established a which the ready identification, location, ADIZ). As discussed earlier in this radio-operating requirement. As and control of civil aircraft is required preamble, when we published the July discussed later in the preamble, we are in the interest of national security. 1995 notice announcing receipt of the moving the substance of previous Airspace designated as an ADIZ exists DoD petition, we received only one paragraph (c) to § 99.9, entitled ‘‘Radio throughout the contiguous U.S., Alaska, comment, and it was favorable. Issuing requirements.’’ As a result, we are Hawaii, and Guam. a proposed rule is also contrary to the renumbering previous paragraph (d), The DoD also requested that the FAA public interest because it would further which remains in all other respects take action: (1) To add and define the delay the establishment of rules that unchanged, as paragraph (c). term ‘‘aeronautical facility,’’; (2) to will hinder the smuggling of illegal Section 99.3 Definitions require pilots to activate and close a drugs and protect public safety. flight plan when flying into, within, or In this rule, we are making several when the departure point is within an The Rule changes to this section. Previous § 99.3 ADIZ; and (3) to require pilots to In this final rule, the FAA is taking was titled ‘‘General,’’ but this section maintain a continuous listening watch four actions: First, the FAA is creating primarily contained definitions used on the appropriate aeronautical facility’s a definition for the term ‘‘aeronautical under part 99. We are therefore frequency when operating an aircraft facility.’’ Second, FAA is modifying the changing the heading of § 99.3 from into, within, or when the departure airspace boundaries of the contiguous ‘‘General’’ to ‘‘Definitions,’’ which is a point is within an ADIZ. The DoD U.S. and Alaska ADIZs to conform, in more accurate description of its requested these changes to help part, with Presidential Proclamation No. contents. The FAA has decided to accomplish their national defense and 5928. Third, the FAA is amending retain, with slight editorial changes, the drug interdiction mission, and assist regulations that require pilots operating three terms defined in this section, ‘‘air law enforcement agencies in their efforts into, within, or whose departure point defense identification zone,’’ ‘‘defense to stop the use of aircraft for the illegal is within an ADIZ to activate and close area,’’ and ‘‘defense visual flight rules transportation of drugs. their flight plans. Fourth, the FAA is (DVFR) flight.’’ Also, in response to the In response to the DoD petition, the amending the regulations to require that DoD’s request, we are adding a FAA published a notice in the Federal pilots operating aircraft into, within, or definition of ‘‘aeronautical facility.’’ The Register to inform interested parties of whose departure point is within an Office of the Federal Register (Federal the requested changes and to solicit ADIZ maintain a continuous listening Register) recommends that paragraph comments (60 FR 36746, July 18, 1995). watch on the appropriate aeronautical designations not be used with The FAA received one comment in facility’s frequency. The FAA is making definitions. Instead, the Federal Register response to the Notice from the Air Line these changes to protect aircraft from recommends listing definitions in Pilots Association (ALPA). ALPA the flight practices of persons alphabetical order. See ‘‘Federal concurred with the petition stating, conducting illegal drug activities that Register Document Drafting Handbook,’’ ‘‘[t]he changes will enable the DOD to may create safety hazards. Aircraft used section 8.15, Office of the Federal more efficiently carry out its mission of to conduct illegal drug activities Register, National Archives and Records detection and monitoring of drug frequently fly at low altitude and high Administration, Oct. 1998. In order to
VerDate 11
conform to the Federal Register’s editorial changes. These changes are not jurisdiction of the United States, preferred formatting, we are eliminating substantive and do not change existing supports the Department of Defense in the paragraph designations from § 99.3 requirements under part 99. The reason accomplishing its national defense and and listing the definitions in for this action is simply to group all drug interdiction missions, and assists alphabetical order. radio-related requirements in one place. law enforcement agencies in their efforts The definition of ‘‘aeronautical This action should make the regulations to stop the transport of illegal drugs facility,’’ for the purposes of part 99, is easier to understand. across the Nation’s borders by aircraft. a communications facility where flight plans or position reports are normally Section 99.11 ADIZ Flight Plan Procedural Matters Requirements filed during flight operations. We are Small Business Regulatory Enforcement adding this definition simply for clarity We are making one change to Fairness Act and do not intend for this addition to be § 99.11(a), to require pilots, in addition The Small Business Regulatory a substantive change in the regulations. to the current requirement to file a flight Enforcement Fairness Act of 1996 plan, to activate and close their flight Section 99.9 Radio Requirements (SBREFA), Public Law 104–121, plan with the appropriate aeronautical requires FAA to comply with small In this rule, we are adding new facility when operating aircraft into, entity requests for information or advice requirements to § 99.9, which clarify the within, or when the departure point is about compliance with statutes and existing regulation, and we are changing within an ADIZ. Before this rulemaking, regulations within its jurisdiction. its format. Previous § 99.9 provided a pilots were required only to file the Therefore, small entities that have a short paragraph prohibiting the flight plan. On occasion, pilots do not question regarding this document may operation of an aircraft in an ADIZ activate their filed flight plans. When contact their local FAA official, or the unless it was equipped with a radio. We this occurs, the aircraft are considered person listed under the FOR FURTHER are now amending this section to add unknown, and military aircraft are INFORMATION CONTACT section of this paragraph (a) which requires that all deployed to intercept and identify the preamble. You can find out more about pilots maintain a continuous listening aircraft. On other occasions, pilots do SBREFA on the Internet at our site, watch on the appropriate aeronautical not properly close their flight plans after http://www.gov/avr/arm/sbrefa.htm. For facility’s frequency when operating an reaching their final destinations. This more information on SBREFA, e-mail us aircraft into, within, or whose departure causes the initiation of search-and- at [email protected]. point is within an ADIZ. rescue efforts to locate the aircraft. In By ‘‘into’’ an ADIZ, we intend to both cases, resources are expended Paperwork Reduction Act apply the requirement to pilots needlessly. This rule does not require the operating aircraft whose departure point The FAA believes that this collection of any information under the is outside an ADIZ and who requirement will eliminate the costs Paperwork Reduction Act (44 U.S.C. subsequently enter the ADIZ. These associated with unnecessary intercept 3501 et seq.). An agency may not pilots would have to maintain a and search-and-rescue efforts. In conduct or sponsor, and a person is not continuous listening watch from the addition, these requirements will required to respond to a collection of time the aircraft enter the ADIZ until provide an increased level of public information unless it displays a they exit or land within the ADIZ. safety by limiting or reducing the use of currently valid Office of Management By ‘‘within’’ an ADIZ, we intend to aircraft to conduct drug smuggling and Budget (OMB) control number. apply the requirement to pilots without placing an undue burden on the operating aircraft transiting an ADIZ. public. Smugglers typically fly at low Regulatory Flexibility Act, Trade Impact These pilots would have to maintain a altitude and at high speed to avoid radar Assessment, and Unfunded Mandates continuous listening watch from the detection. This practice can result in Assessment time the aircraft enter the ADIZ until mid-air collisions or loss of control of Changes to Federal Regulations must they exit the ADIZ. the aircraft and poses a threat to aircraft By aircraft ‘‘whose departure point is undergo several economic analyses. used in legitimate operations and to within’’ an ADIZ, we intend to apply First, Executive Order 12866 directs that persons and property on the ground. the requirement to pilots who take off each Federal agency shall propose or from a point within an ADIZ, such as an Subpart B—Designated Air Defense adopt a regulation only upon a reasoned island or drilling platform, and who Identification Zones determination that the benefits of the subsequently exit the ADIZ. These intended regulation justify its costs. Section 99.42 Contiguous U.S. ADIZ pilots would have to maintain a Second, the Regulatory Flexibility Act and Section 99.43 Alaska ADIZ continuous listening watch from the requires agencies to analyze the time the aircraft takeoff until they exit As discussed earlier in this preamble, economic effect of regulatory changes the ADIZ. we are changing the boundaries of the on small businesses and other small Prior to this rulemaking, only pilots contiguous United States and Alaska entities. Third, the Office of operating in the Alaska ADIZ were ADIZ to extend 12 nautical miles from Management and Budget directs required to monitor the appropriate U.S. shorelines. Before the rulemaking, agencies to assess the effect of frequency. The FAA believes this new the boundaries extended only three regulatory changes on international requirement will expedite the FAA’s nautical miles beyond the U.S. trade. In conducting these analyses, the ability to identify, track or contact shorelines. We are accomplishing this FAA has determined that the final rule: aircraft operating in an ADIZ. Once by substituting in each section a new (1) Will generate benefits that justify its identified, the appropriate government sets of points (described by latitude and negligible costs and is not a ‘‘significant agency will be able to distinguish longitude) that establish the boundaries regulatory action’’ as defined in the legitimate aircraft operations from of the ADIZs when connected by lines. Executive Order; (2) is not significant as illegal operations. This action aligns the ADIZ boundaries defined in the Department of We are also moving and re- with the territorial sea of the United Transportation’s Regulatory Policies and designating the requirement in previous States. This action conforms to the Procedures; (3) will not have a § 99.1(c) as new § 99.9(b) and making Presidential proclamation extending the significant impact on a substantial
VerDate 11
number of small entities; (4) will not In view of the absence of any cost this action is consistent with the constitute a barrier to international impact of the rule on small entities, the successful conduct of the foreign trade; and (5) will not contain any FAA has determined that this final rule relations of the United States. Federal intergovernmental or private won’t have a significant economic Executive Order 13132, Federalism sector mandate. These analyses are impact on a substantial number of small summarized here in the preamble, and entities. The FAA has analyzed this final rule the full Regulatory Evaluation is in the Accordingly, pursuant to the under the principles and criteria of docket. Regulatory Flexibility Act, 5 U.S.C. Executive Order 13132, Federalism (52 This final rule will modify the 605(b), the Federal Aviation FR 41685, Oct. 30, 1987). We have boundaries of the contiguous U.S. and Administration certifies that this rule determined that this action will not Alaska ADIZ, amend flight plan and will not have a significant economic have a substantial direct effect on the communications requirements for pilots impact on a substantial number of small States, or the relationship between the planning flight into, within, or whose entities. national Government and the States, or departure point is within an ADIZ, and International Trade Impact Assessment on the distribution of power and add the definition ‘‘aeronautical responsibilities among the various facility’’ to § 99.3. The Trade Agreement Act of 1979 levels of government. Therefore, we This final rule will also reduce the prohibits Federal agencies from determined that this final rule does not costs associated with unnecessary engaging in any standards or related have federalism implications. activities that create unnecessary intercepts. The final rule will impose no Plain Language additional administrative or operational obstacles to the foreign commerce of the costs on the FAA. It will also make Part United States. Legitimate domestic In response to the June 1, 1998 99 consistent with Presidential objectives, such as safety, are not Presidential Memorandum regarding the Proclamation No. 5928, and provide the considered unnecessary obstacles. The use of plain language, the FAA re- necessary tracking information to assist statute also requires consideration of examined the writing style currently DoD and law enforcement agencies in international standards and where used in the development of regulations. identifying aircraft involved in illegal appropriate, that they be the basis for The memorandum requires federal operations, thereby, reducing the safety U.S. standards. agencies to communicate clearly with This final rule will not constitute a hazards created by aircraft involved in the public. We are interested in your barrier to international trade, including illegal drug activities. comments on whether the style of this the export of U.S. goods and services to document is clear, and in any other Regulatory Flexibility Determination foreign countries or the import of suggestions you might have to improve The Regulatory Flexibility Act of 1980 foreign goods and services into the the clarity of FAA communications that (RFA) establishes ‘‘as a principle of United States. affect you. You can get more regulatory issuance that agencies shall Unfunded Mandates Assessment information about the Presidential endeavor, consistent with the objective The Unfunded Mandates Reform Act memorandum and the plain language of the rule and of applicable statutes, to of 1995 (the Act), enacted as Public Law initiative at http:// fit regulatory and informational 104–4 on March 22, 1995, is intended, www.plainlanguage.gov. requirements to the scale of the among other things, to curb the practice Environmental Analysis business, organizations, and of imposing unfunded Federal mandates governmental jurisdictions subject to on State, local, and tribal governments. FAA order 1050.1D defines FAA regulation.’’ To achieve that principle, Title II of the Act requires each actions that may be categorically the RFA requires agencies to solicit and Federal agency to prepare a written excluded from preparations of a consider flexible regulatory proposals statement assessing the effects of any National Environmental Policy Act and to explain the rationale for their Federal mandate in a proposed or final environmental impact statement. In actions. The RFA covers a wide-range of agency rule that may result in a $100 accordance with FAA Order 1050.1D, small entities, including small million or more expenditure (adjusted appendix 4, paragraph 4(j), this businesses, not-for-profit organizations annually for inflation) in any one year rulemaking action qualifies for a and small governmental jurisdictions. by State, local, and tribal governments, categorical exclusion. Agencies must perform a review to in the aggregate, or by the private sector; Energy Impact determine whether a proposed or final such a mandate is deemed to be a rule will have a significant economic ‘‘significant regulatory action. This final The energy impact of the rule has impact on a substantial number of small rule doesn’t contain such a mandate. been assessed in accordance with the entities. If the determination is that it Therefore, the requirements of Title II of Energy Policy and Conservation Act of will, the agency must prepare a the Unfunded Mandates Act of 1995 1995 (EPCA), as amended, 42 U.S.C. regulatory flexibility analysis as don’t apply. 6201 et seq., and FAA Order 1053.1. described in the RFA. The FAA has determined that the rule However, if an agency determines that Executive Order 10854, Extension of the is not a major regulatory action under a proposed or final rule is not expected Application of the Federal Aviation Act the provisions of the EPCA. of 1958 to have a significant economic impact List of Subjects in 14 CFR Part 99 on a substantial number of small Since this amendment involves the entities, section 605(b) of the RFA designation of airspace areas outside of Air traffic control, Airspace, National provides that the head of the agency the United States, we have consulted defense, Navigation (air), Security may so certify and an regulatory with the Secretary of State, in measures. flexibility analysis is not required. The accordance with the provisions of The Amendment certification must include a statement Executive Order 10854, to ensure that providing the factual basis for this there are no conflicts with any Accordingly, the Federal Aviation determination, and the reasoning should international treaty or agreement to Administration amends Title 14 Code of be clear. which the United States is a party and Federal Regulations Part 99 as follows:
VerDate 11
PART 99—SECURITY CONTROL OF § 99.9 Radio requirements 29°25′N; 94°00′W; 28°20′N; 96°00′W; AIR TRAFFIC (a) A person who operates a civil 27°30′N; 97°00′W; 26°00′N; 97°00′W; aircraft into an ADIZ must have a 25°58′N; 97°07′W; westward along the 1. The authority citation for part 99 functioning two-way radio, and the pilot U.S./Mexico border to 32°32′03′N, continues to read as follows: must maintain a continuous listening 117°07′25′W; 32°30′N; 117°25′W; Authority: 49 U.S.C. 106(g), 40101, 40103, watch on the appropriate aeronautical 32°35′N; 118°30′W; 33°05′N; 119°45′W; 40106, 40113, 40120, 44502, and 44721. facility’s frequency. 33°55′N; 120°40′W; 34°50′N; 121°10′W; (b) No person may operate an aircraft ° ′ ° ′ ° ′ ° ′ 2. The FAA is amending § 99.1 by 38 50 N; 124 00 W; 40 00 N; 124 35 W; into, within, or whose departure point ° ′ ° ′ ° ′ ° ′ revising paragraph (b)(2), removing 40 25 N; 124 40 W; 42 50 N; 124 50 W; is within an ADIZ unless— ° ′ ° ′ ° ′ ° ′ paragraph (c), and redesignating 46 15 N; 124 30 W; 48 30 N; 125 00 W; (1) The person files a DVFR flight ° ′ ° ′ ° ′ ° ′ paragraph (d) as paragraph (c) as 48 20 N; 128 00 W; 48 20 N; 132 00 W; plan containing the time and point of ° ′ ° ′ ° ′ ° ′ follows: 37 42 N; 130 40 W; 29 00 N; 124 00 W; ADIZ penetration, and 30°45′N; 120°50′W; 32°00′N; 118°24′W; Subpart A–General (2) The aircraft departs within five 32°30′N; 117°20′W; 32°32′03′N; minutes of the estimated departure time 117°07′25′W; eastward along the U.S./ § 99.1 Applicability. contained in the flight plan. Mexico border to 25°58′N, 97°07′W; * * * * * 5. The FAA is revising paragraph (a) 26°00′N; 97°00′W; 26°00′N; 95°00′W; (b) * * * of § 99.11 to read as follows: 26°30′N; 95°00′W; then via 26°30′N; (2) Operating at true airspeed of less ° ′ ° ′ ° ′ § 99.11 ADIZ flight plan requirements. parallel to 26 30 N; 84 00 W; 24 00 N; than 180 knots in the Hawaii ADIZ or 83°00′W; then Via 24°00′N; parallel to (a) Unless otherwise authorized by air over any island, or within 12 nautical 24°00′N; 79°25′W; 25°40′N; 79°25′W; traffic control, a person must not miles of the coastline of any island, in 27°30′N; 78°50′W; 30°45′N; 74°00′W; the Hawaii ADIZ; operate an aircraft into, within, or 39°30′N; 63°45′W; 43°00′N; 65°48′W; to whose departure point is within an * * * * * point of beginning. 3. The FAA is revising the section ADIZ unless the person files, activates, heading and the text of § 99.3 to read as and closes a flight plan with the § 99.43 Alaska ADIZ. appropriate aeronautical facility. follows: The area is bounded by a line from * * * * * § 99.3 Definitions. 54°00′N; 136°00′W; 56°57′N; 144°00′W; 6. The FAA is revising §§99.42 and ° ′ ° ′ ° ′ ° ′ Aeronautical facility means, for the 57 00 N; 145 00 W; 53 00 N; 158 00 W; 99.43 to read as follows: ° ′ ° ′ ° ′ ° ′ purposes of this subpart, a 50 00 N; 169 00 W; 50 00 N; 180 00 ; ° ′ ° ′ ° ′ ° ′ communications facility where flight Subpart B—Designated Air Defense 50 00 N; 170 00 E; 53 00 N; 170 00 E; ° ′ ′ ° ′ ° ′ ° ′ plans or position reports are normally Identification Zones 60 00 00 N; 180 00 ; 65 00 N; 169 00 W; ° ′ ° ′ filed during flight operations. then along 169 00 W; to 75 00 N; Air defense identification zone (ADIZ) § 99.42 Contiguous U.S. ADIZ 169°00′W; then along the 75°00′N; means an area of airspace over land or The area bounded by a line from parallel to 75°00′N, 141°00′W; 69°50′N; water in which the ready identification, 43°15′N, 65°55′W; 44°21′N; 67°16′W; 141°00′W 71°18′N; 156°44′W; 68°40′N; location, and control of civil aircraft is 43°10′N; 69°40′W; 41°05′N; 69°40′W; 167°10′W; 67°00′N; 165°00′W; 65°40′N; required in the interest of national 40°32′N; 72°15′W; 39°55′N; 73°00′W; 168°15′W; 63°45′N; 165°30′W; 61°20′N; security. 39°38′N; 73°00′W; 39°36′N; 73°40′W; 166°40′W; 59°00′N; 163°00′W; then Defense area means any airspace of 37°00′N; 75°30′W; 36°10′N; 75°10′W; south along 163°00′W to 54°00′N, the contiguous United States that is not 35°10′N; 75°10′W; 32°00′N; 80°30′W; 163°00′W; 56°30′N; 154°00′W; 59°20′N; an ADIZ in which the control of aircraft 30°30′N; 81°00′W; 26°40′N; 79°40′W; 146°00′W; 59°30′N; 140°00′W; 57°00′N; is required for reasons of national 25°00′N; 80°05′W; 24°25′N; 81°15′W; 136°00′W; 54°35′N, 133°00′W; to point security. 24°20′N; 81°45′W; 24°30′N; 82°06′W; of beginning. Defense visual flight rules (DVFR) ° ′ ° ′ ° ′ ° ′ 24 41 N; 82 06 W; 24 43 N; 82 00 W; Issued in Washington, DC on September flight means, for the purposes of this ° ′ ° ′ ° ′ ° ′ 25 00 N; 81 30 W; 25 10 N; 81 23 W; 24, 2001. subpart, a flight within an ADIZ 25°35′N; 81°30′W; 26°15′N 82°20′W; conducted by a civil aircraft under the 27°50′N; 83°05′W; 28°55′N; 83°30′W; Jane F. Garvey, visual flight rules in part 91 of this title. 29°42′N; 84°00′W; 29°20′N; 85°00′W; Administrator. 4. The FAA is revising § 99.9 to read 30°00′N; 87°10′W; 30°00′N; 88°30′W; [FR Doc. 01–24426 Filed 9–27–01; 8:45 am] as follows: 28°45′N; 88°55′W; 28°45′N; 90°00′W; BILLING CODE 4910–13–M
VerDate 11
Reader Aids Federal Register Vol. 66, No. 189 Friday, September 28, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 3 CFR 7 CFR Presidential Documents Proclamations: 51...... 48785 245...... 48323 Executive orders and proclamations 523–5227 7459...... 46507 301 ...... 46365, 46509, 46692 The United States Government Manual 523–5227 7460...... 47569 7461...... 47939 354...... 46211 400...... 47949 Other Services 7461 (Amended by 7464) ...... 48203 770...... 47877 Electronic and on-line services (voice) 523–4534 7462...... 47947 905...... 49088 523–3187 Privacy Act Compilation 7463 (See E.O. 928...... 48527 Public Laws Update Service (numbers, dates, etc.) 523–6641 13224)...... 48199, 49079 948...... 48951, 49511 TTY for the deaf-and-hard-of-hearing 523–5229 7464...... 48203 966...... 48529 7465...... 48317 Proposed Rules: ELECTRONIC RESEARCH 7466...... 48319 735...... 46310 7467...... 48321 736...... 46310 World Wide Web 7468...... 48947 737...... 46310 Full text of the daily Federal Register, CFR and other 7469...... 48949 738...... 46310 739...... 46310 publications: 7470...... 49505 740...... 46310 Executive Orders: http://www.access.gpo.gov/nara 741...... 46310 12865 (Continued by 742...... 46310 Federal Register information and research tools, including Public Notice of September 927...... 48623 Inspection List, indexes, and links to GPO Access: 24, 2001)...... 49084 928...... 49571, 49568 http://www.nara.gov/fedreg 13069 (See Notice of 929...... 48626 September 24, E-mail 931...... 48628 2001) ...... 49084 1033...... 49571 PENS (Public Law Electronic Notification Service) is an E-mail 13098 (See Notice of 1280...... 48764 service for notification of recently enacted Public Laws. To September 24, subscribe, send E-mail to 2001) ...... 49084 8 CFR [email protected] 13223...... 48202 3...... 47379 13224...... 49079 with the text message: 103...... 49514 Administrative Orders: 214...... 46697, 49514 subscribe PUBLAWS-L your name Notices: 245...... 46697 Use [email protected] only to subscribe or unsubscribe to September 24, 2001...... 49084 248...... 46697 PENS. We cannot respond to specific inquiries. Memorandums: 274a...... 46697 Memorandum of 287...... 48334 Reference questions. Send questions and comments about the September 25, 299...... 46697 Federal Register system to: 2001 ...... 49507 Proposed Rules: [email protected] Presidential 214...... 48223 The Federal Register staff cannot interpret specific documents or Determinations: 9 CFR regulations. No. 2000–29 of September 12, 2000 54...... 46686 (See Presidential FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 77...... 49271 Determination No. 79...... 46686 46211–46364...... 4 2001–26 of Proposed Rules: 46365–46508...... 5 September 12, 51...... 47593 46509–46692...... 6 2001) ...... 47943 94...... 46228 46693–46936...... 7 No. 2001–24 of August 18, 2001 ...... 46693 10 CFR 46937–47060...... 10 No. 2001–25 of August 47061–47378...... 11 72...... 47380 18, 2001 ...... 46695 710...... 47061 47379–47570...... 12 No. 2001–26 of 47571–47876...... 13 Proposed Rules: September 12, 2...... 46230, 48828 47877–47948...... 14 2001 ...... 47943 20...... 46230 47949–48084...... 17 No. 2001–29 of 50...... 46230, 48828 48085–48202...... 18 September 23, 51...... 48828 48203–48322...... 19 2001 ...... 49075 52 ...... 48828, 48832, 49324 48323–48526...... 20 72...... 47059 5 CFR 48527–48784...... 21 430...... 49325 48785–48948...... 24 550...... 49085 852...... 46742, 48630 48949–49084...... 25 890...... 49086 49085–49270...... 26 Proposed Rules: 11 CFR 49271–49510...... 27 213...... 46968 Proposed Rules: 49511–49822...... 28 2608...... 48824 100...... 47120
VerDate 11-MAY-2000 21:00 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\28SECU.LOC pfrm01 PsN: 28SECU ii Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Reader Aids
104...... 47120 17 CFR 27 CFR 52 ...... 46220, 46379, 46525, 113...... 47120 3...... 47059 4...... 49279 46727, 46953, 47078, 47083, 170...... 47059 40...... 49531 47086, 47392, 47578, 47887, 12 CFR 211...... 48335, 49273 44...... 49531 48087, 48209, 48340, 48347, 5...... 49093 231...... 49273 275...... 49531 48348, 48349, 48561, 48796, 28...... 49093 241...... 49273 295...... 49531 48806, 48957, 49107, 49108, 201...... 49098 49292, 49293, 49295, 49297, 225...... 48532 19 CFR 28 CFR 49539, 49540, 49541 61...... 48211 701...... 48205 122...... 49274 0...... 47379, 47382 62 ...... 46960, 48355, 48564 707...... 48206 148...... 46217 810...... 48336 63 ...... 47579, 48211, 49299 749...... 46307 159...... 48546 Proposed Rules: 70 ...... 48357, 48806, 49541 1510...... 47070 178...... 48546 25...... 48390 1750...... 47730 81 ...... 47086, 48349, 48808 1770...... 47550 20 CFR 29 CFR 96...... 47887 97...... 47887, 48567 Proposed Rules: 1...... 47382 4022...... 47885 8...... 48983 4044...... 47885 141...... 46221 30...... 47382 180 ...... 46381, 46390, 46729, 614...... 48098 655...... 49275 703...... 48742 30 CFR 47394, 47403, 47964, 47971, Proposed Rules: 704...... 48742 Proposed Rules: 47979, 47994, 48003, 48089, 200...... 46408 1710...... 47557 914...... 48390 48577, 48585, 48593, 48601, 655...... 49328, 49329 1773...... 47563 915...... 48841 48961, 49110, 49300, 49308 918...... 48393 271...... 46961, 49118 21 CFR 13 CFR 943...... 48396 300 ...... 46533, 47093, 47583, 173...... 48208 48968, 48969 120...... 47072, 47877 341...... 49276 31 CFR 134...... 47072 Proposed Rules: 510 ...... 46367, 46368, 46518, 1...... 48555 52 ...... 46415, 46571, 46573, 14 CFR 47959 46753, 46754, 46755, 46758, 520 ...... 46369, 47959, 47962 32 CFR 46760, 46971, 47129, 47130, 25...... 46937, 49271 522...... 46705, 47959 230...... 46372 47139, 47142, 47145, 47419, 39 ...... 46214, 46509, 46510, 524 ...... 46368, 46369, 46705 231...... 46707 47603, 48399, 48401, 48648, 46512, 46515, 46517, 46939, 556...... 46370 231a...... 46372 48847, 48850, 48995 47380, 47571, 47573, 47575, 558 ...... 46371, 46518, 46705, 62...... 46972, 48401 47878, 47881, 47883, 48535, 47076, 47959, 47962 33 CFR 63...... 47611, 48174 48538, 48789, 48791, 49099, 872...... 46951 100 ...... 46374, 46375, 46377, 70 ...... 46972, 47428, 48402, 49510, 49514 878...... 46951 46521, 47384, 48954 48851, 49577, 49579 71 ...... 46216, 46366, 47577, 880...... 46951 110...... 49280 81...... 48401 48540, 48792, 48793, 48794, 882...... 46951 117 ...... 46522, 46523, 46525, 141...... 46251, 46928 48953, 49517, 49518, 49519, 884...... 46951 47077, 47577, 47578, 48556, 136...... 49794 49520 892...... 46951 48558, 48955 180...... 46415 91...... 47372, 48942 1313...... 46519 165 ...... 46218, 47385, 48209, 271...... 46976 95...... 49101 48780, 48782, 48795, 48956, 300 ...... 46574, 47153, 47612, 97 ...... 46940, 47074, 48541, Proposed Rules: 888...... 46563 49104, 49106, 49280, 49284, 48018 48543, 48545 1300...... 46567 49285, 49287, 49288, 49290, 99...... 49818 41 CFR 1301...... 46567 49533, 49534, 49536 103...... 47372 1304...... 46567 Proposed Rules: 101–11...... 48357 Proposed Rules: 1305...... 46567 100...... 48014 101–46...... 48614 25...... 48836 1306...... 46567 117 ...... 47121, 47123, 47601 102–39...... 48614 39 ...... 46239, 46241, 46243, 102–117...... 48812 46246, 46247, 46562, 46968, 22 CFR 36 CFR 102–118...... 48812 47600, 47899, 47901, 48102, Proposed Rules: 102–193...... 48357 48381, 48384, 48388, 48631, Proposed Rules: 41...... 48224 1230...... 47125 102–194...... 48357 48985, 48987, 48989, 48991, 1254...... 46752 102–195...... 48357 48993, 49148, 49326 23 CFR 71 ...... 46366, 47120, 49573, 37 CFR 42 CFR Proposed Rules: 49574, 49575 2...... 47591 625...... 48103 1...... 47387 121...... 46308 52...... 47591 650...... 49152, 49154 6...... 48338 139...... 46308 104...... 47387 124...... 49262 161...... 47601 24 CFR Proposed Rules: 402...... 49544 405...... 49544 15 CFR 1000...... 49788 1...... 46409 201...... 49330 411...... 48078 736...... 49520 Proposed Rules: 260...... 46250, 48648 412...... 46902 738...... 49520 200...... 48080 422...... 47410 740...... 49520 203...... 46502 38 CFR 447...... 46397 742...... 49520 25 CFR 3...... 48558 Proposed Rules: 745...... 49520 13...... 48558 431...... 46763 770...... 49520 11...... 48085 20...... 49538 44 CFR 774...... 49520 103...... 46307 Proposed Rules: 922...... 46942 65...... 49547, 49549 26 CFR 3...... 48845 Proposed Rules: 17...... 46499 67...... 49552 50...... 48013 1...... 49278 209...... 49554 80...... 48013 Proposed Rules: 39 CFR Proposed Rules: 801...... 46407 1...... 49576 Proposed Rules: 67...... 49579 922...... 49576 5c ...... 49576 111...... 48846 5f...... 49576 45 CFR 16 CFR 18...... 49576 40 CFR Ch. XI...... 47095 305...... 49529 301...... 49576 51...... 47887 96...... 46225
VerDate 11-MAY-2000 21:00 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\28SECU.LOC pfrm01 PsN: 28SECU Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Reader Aids iii
670...... 46739 1...... 47890 Proposed Rules: 571...... 49594 1000...... 48970 2...... 47591 213...... 47153 604...... 48110 Proposed Rules: 21...... 47890 215...... 48649 1111...... 48853 1611...... 46976 52...... 47591 225...... 47155 1626...... 46977 61...... 47890 226...... 47158 73 ...... 46399, 47413, 47890, 244...... 47159 50 CFR 46 CFR 47897, 47898, 49554, 49555 247...... 47153 17 ...... 46536, 46548, 49560 252 ...... 47153, 47155, 48652 1...... 48617 74...... 47890 20 ...... 49478, 49748, 49774 801...... 49331 10...... 48617 76 ...... 47890, 48219, 48981, 32...... 46346 12...... 48617 49124 825...... 49331 300...... 46740, 49317 28...... 48617 Proposed Rules: 832...... 49331 30...... 48617 2...... 47618, 47621 836...... 49331 635 ...... 46400, 46401, 48221, 32...... 48617 69...... 48406 846...... 49331 48812, 49321 35...... 48617 73 ...... 46425, 46426, 46427, 852...... 49331 640...... 49135 67...... 48617 648 ...... 47413, 48011, 49136 47432, 47433, 47903, 47904, 49 CFR 78...... 48617 48107, 48108, 48851, 48852, 660 ...... 46403, 46966, 48370, 97...... 48617 49330, 49593 173...... 49555 49322 131...... 48617 90...... 47435 179...... 49555 679 ...... 46404, 46967, 47416, 161...... 48617 199...... 47114 47417, 47418, 47591, 48371, 162...... 48617 48 CFR 233...... 49556 48813, 48822, 48823, 49146 234...... 49557 167...... 48617 204...... 47096 Proposed Rules: 182...... 48617 235...... 49556 207...... 47107 17 ...... 46251, 46428, 46575, 196...... 48617 236...... 49556 219...... 47108 48225, 48227, 48228, 49158, 199...... 48617 571...... 48220 226...... 47110 49608 401...... 48617 252 ...... 47096, 47108, 47110, 593...... 48362 216...... 47905 Proposed Rules: 47112 Proposed Rules: 67...... 47431 253...... 47096, 48621 172...... 47443 223...... 47625 68...... 47431 419...... 49316 174...... 47443 648 ...... 46978, 46979, 48020, 452...... 49316 175...... 47443 48996 47 CFR 1823...... 48361 176...... 47443 679...... 48410 0...... 48972 1852...... 48361 177...... 47443 697...... 48853
VerDate 11-MAY-2000 21:00 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\28SECU.LOC pfrm01 PsN: 28SECU iv Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Reader Aids
REMINDERS Ocean and coastal resource stacks; comments due by The items in this list were RULES GOING INTO management: 10-1-01; published 7-3-01 editorially compiled as an aid EFFECT SEPTEMBER 30, Marine sanctuaries— Reinforced plastic to Federal Register users. 2001 Submarine cable permit; composites production; Inclusion or exclusion from fair market value comments due by 10-1- this list has no legal analysis; comments due 01; published 8-2-01 TRANSPORTATION significance. by 10-1-01; published Air quality implementation DEPARTMENT 8-17-01 plans; approval and Technical amendments; Oil Pollution Act: promulgation; various RULES GOING INTO organizational changes; States: miscellaneous editorial Natural resource damage EFFECT SEPTEMBER 28, assessments; comments Delaware; comments due by changes, etc.; published 9- 10-1-01; published 8-30- 2001 21-01 due by 10-1-01; published 7-31-01 01 ; published 9-21-01 COMMERCE DEPARTMENT COMMERCE DEPARTMENT ENVIRONMENTAL Patent cases: PROTECTION AGENCY Export administration COMMENTS DUE NEXT regulations: Prior-filled applications; Air quality implementation WEEK plans; approval and Chemical and biological benefit claim under promulgation; various weapons controls; eighteen-month publication States: Australia Group; Chemical AGRICULTURE of patent applications; Weapons Convention; DEPARTMENT requirements; comments Maryland; comments due by published 9-28-01 Nectarines and peaches due by 10-5-01; published 10-5-01; published 9-5-01 grown in— 9-5-01 ENVIRONMENTAL ENVIRONMENTAL PROTECTION AGENCY California; comments due by COMMODITY FUTURES PROTECTION AGENCY 10-1-01; published 7-31- Air quality implementation Superfund program: TRADING COMMISSION 01 Security futures products: plans; approval and National oil and hazardous AGRICULTURE promulgation; various substances contingency Cash settlement and DEPARTMENT States: plan— regulatory halt Oranges and grapefruit; grade requirements; comments Maryland; comments due by National priorities list standards; comments due due by 10-1-01; published 10-5-01; published 9-5-01 update; published 7-30- by 10-1-01; published 9-24- 8-30-01 New York; comments due 01 01 CONSUMER PRODUCT by 10-1-01; published 8- National priorities list ; comments due by 10-1-01; SAFETY COMMISSION 30-01 update; published 7-30- published 9-24-01 Pennsylvania; comments 01 Baby bath seats and rings; AGRICULTURE comments due by 10-1-01; due by 10-1-01; published FEDERAL DEPARTMENT published 8-1-01 8-30-01 COMMUNICATIONS United States Warehouse Act; ENVIRONMENTAL COMMISSION ; comments due by 10-1-01; implementation; comments published 8-1-01 PROTECTION AGENCY Radio stations; table of due by 10-4-01; published DEFENSE DEPARTMENT Air quality implementation assignments: 9-4-01 plans; approval and Civilian health and medical Various States; published 9- ; comments due by 10-4-01; promulgation; various 28-01 program of uniformed States: published 9-4-01 services (CHAMPUS): Pennsylvania; comments TRANSPORTATION COMMERCE DEPARTMENT Individual case mangement DEPARTMENT due by 10-1-01; published Endangered and threatened program for persons with 8-31-01 Airworthiness directives: species: extraordinary conditions; ENVIRONMENTAL Boeing; published 9-13-01 Marine and anadromous comments due by 10-1- PROTECTION AGENCY species— 01; published 8-1-01 TRANSPORTATION Air quality implementation California Central Valley DEFENSE DEPARTMENT DEPARTMENT plans; approval and spring-run chinook, Grade crossing signal system Civilian health and medical promulgation; various California coastal safety; published 9-28-01 program of uniformed States: chinook, Northern services (CHAMPUS): ; published 9-28-01 Pennsylvania; comments California steelhead, TRICARE program— Signal and train control; and Central California due by 10-1-01; published CHAMPUS beneficiaries miscellaneous amendments; coast coho; comments 8-31-01 65 and older; eligibility published 9-28-01 due by 10-1-01; ENVIRONMENTAL and payment ; published 9-28-01 published 8-17-01 PROTECTION AGENCY procedures; comments West Coast salmonids; due by 10-2-01; Air quality implementation plans; approval and RULES GOING INTO evolutionary significant published 8-3-01 units; comments due by promulgation; various EFFECT SEPTEMBER 29, 10-1-01; published 9-13- ENERGY DEPARTMENT States: 2001 01 Electric utilities (Federal Power Pennsylvania; comments Fishery conservation and Act): due by 10-1-01; published INTERIOR DEPARTMENT management: Public utility filing 8-31-01 Migratory bird hunting: West Coast States and requirements; comments ENVIRONMENTAL due by 10-5-01; published Federal Indian reservations, Western Pacific PROTECTION AGENCY 8-6-01 off-reservation trust lands, fisheries— Air quality implementation and ceded lands; Pacific Coast groundfish; ENVIRONMENTAL plans; approval and published 9-28-01 comments due by 10-1- PROTECTION AGENCY promulgation; various Seasons, limits, and 01; published 8-30-01 Air pollutants, hazardous; States: shooting hours; Pacific whiting; comments national emission standards: Pennsylvania; comments establishment, etc.; due by 10-5-01; Coke ovens: pushing, due by 10-1-01; published published 9-28-01 published 9-20-01 quenching, and battery 8-31-01
VerDate 11-MAY-2000 21:00 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\28SECU.LOC pfrm01 PsN: 28SECU Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Reader Aids v
ENVIRONMENTAL ENVIRONMENTAL Health Care Financing NUCLEAR REGULATORY PROTECTION AGENCY PROTECTION AGENCY Administration; agency COMMISSION Air quality implementation Water supply: name change to Centers Spent nuclear fuel and high- plans; approval and National primary drinking for Medicare and level radioactive waste; promulgation; various water regulations— Medicaid Services; independent storage; States: Unregulated contaminant technical amendments; licensing requirements: Pennsylvania; comments monitoring; comments comments due by 10-1- Approved spent fuel storage due by 10-1-01; published due by 10-4-01; 01; published 7-31-01 casks; list; comments due 8-31-01 published 9-4-01 HEALTH AND HUMAN by 10-1-01; published 8- SERVICES DEPARTMENT ENVIRONMENTAL FEDERAL 30-01 PROTECTION AGENCY COMMUNICATIONS Medicare and Medicaid: SECURITIES AND COMMISSION Air quality implementation Health Care Financing EXCHANGE COMMISSION plans; approval and Radio stations; table of Administration; agency Security futures products: assignments: name change to Centers promulgation; various Cash settlement and Michigan; comments due by for Medicare and States: regulatory halt 10-1-01; published 8-24- Medicaid Services; Pennsylvania; comments requirements; comments 01 technical amendments; due by 10-1-01; published comments due by 10-1- due by 10-1-01; published 8-31-01 Oklahoma and Texas; 8-30-01 comments due by 10-1- 01; published 7-31-01 Hazardous waste management 01; published 8-24-01 HEALTH AND HUMAN TRANSPORTATION system: Texas; comments due by SERVICES DEPARTMENT DEPARTMENT Hazardous waste manifest 10-1-01; published 8-24- Medicare and Medicaid: Advisory circulars; availability, system modification; 01 Health Care Financing etc.: comments due by 10-4- HEALTH AND HUMAN Administration; agency Turbine engine powered 01; published 8-10-01 SERVICES DEPARTMENT name change to Centers airplanes; fuel venting and Hazardous waste: Medicare and Medicaid: for Medicare & Medicaid exhaust emissions Identification and listing— Health Care Financing Services; technical requirements; comments Exclusions; comments due Administration; agency amendments; comments due by 10-1-01; published by 10-5-01; published name change to Centers due by 10-1-01; published 8-1-01 8-21-01 for Medicare and 7-31-01 TRANSPORTATION Pesticides; tolerances in food, Medicaid Services; INTERIOR DEPARTMENT DEPARTMENT animal feeds, and raw technical amendments; Endangered and threatened Aircraft: agricultural commodities: comments due by 10-1- species: Repair stations; comments 01; published 7-31-01 Atrazine, etc.; comments Critical habitat due by 10-5-01; published due by 10-1-01; published HEALTH AND HUMAN designations— 8-6-01 SERVICES DEPARTMENT 8-1-01 San Bernardino kangaroo TRANSPORTATION Medicare and Medicaid: ENVIRONMENTAL rat; comments due by DEPARTMENT Health Care Financing PROTECTION AGENCY 10-4-01; published 9-4- Airworthiness directives: Administration; agency 01 Pesticides; tolerances in food, name change to Centers Airbus; comments due by animal feeds, and raw Preble’s meadow jumping 10-1-01; published 8-31- for Medicare and mouse; comments due by agricultural commodities: Medicaid Services; 01 Carfentrazone-ethyl; 10-1-01; published 8-30- technical amendments; 01 TRANSPORTATION comments due by 10-1- comments due by 10-1- DEPARTMENT 01; published 8-1-01 01; published 7-31-01 Sacramento splittail; comments due by 10-1- Airworthiness directives: Lysophospha- HEALTH AND HUMAN 01; published 8-17-01 Boeing; comments due by tidylethanolamine; SERVICES DEPARTMENT Fish and wildlife restoration; 10-5-01; published 8-6-01 comments due by 10-1- Medicare: Federal aid to States: TRANSPORTATION 01; published 8-1-01 Hospital outpatient services; National Coastal Wetlands DEPARTMENT ENVIRONMENTAL prospective payment Conservation Grant PROTECTION AGENCY system; comments due by Airworthiness directives: Program; comments due 10-3-01; published 8-24- Bombardier; comments due Pesticides; tolerances in food, by 10-4-01; published 8- 01 by 10-4-01; published 9-4- animal feeds, and raw 20-01 agricultural commodities: Physician fee schedule 01 NATIONAL CREDIT UNION (2002 CY); payment TRANSPORTATION Oxadiazon and tetraditon; ADMINISTRATION comments due by 10-1- policies and relative value DEPARTMENT Credit unions: 01; published 8-1-01 unit adjustments; Airworthiness directives: comments due by 10-1- Organization and Rhodamine B; comments JanAero Devices; comments 01; published 8-2-01 operations— due by 10-1-01; published due by 10-5-01; published 8-2-01 HEALTH AND HUMAN Compensation; definition 8-22-01 SERVICES DEPARTMENT amended; comments Sulfuryl fluoride; comments Medicare and Medicaid: due by 10-2-01; TRANSPORTATION due by 10-5-01; published published 8-3-01 DEPARTMENT 9-5-01 Health Care Financing Administration; agency NUCLEAR REGULATORY Class D and Class E ENVIRONMENTAL name change to Centers COMMISSION airspace; comments due by PROTECTION AGENCY 10-1-01; published 8-17-01 for Medicare and Spent nuclear fuel and high- Water supply: Medicaid Services; level radioactive waste; ; comments due by 10-1-01; National primary drinking technical amendments; independent storage; published 8-17-01 water regulations— comments due by 10-1- licensing requirements: Class E airspace; comments Unregulated contaminant 01; published 7-31-01 Approved spent fuel storage due by 10-1-01; published monitoring; comments HEALTH AND HUMAN casks; list; comments due 8-17-01 due by 10-4-01; SERVICES DEPARTMENT by 10-1-01; published 8- ; comments due by 10-1-01; published 9-4-01 Medicare and Medicaid: 30-01 published 8-17-01
VerDate 11-MAY-2000 21:00 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\28SECU.LOC pfrm01 PsN: 28SECU vi Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / Reader Aids
Class E5 airspace; comments TRANSPORTATION session of Congress which due by 10-5-01; published DEPARTMENT have become Federal laws. It 9-5-01 Hazardous materials: may be used in conjunction Public Laws Electronic ; comments due by 10-5-01; with ‘‘PLUS’’ (Public Laws Hazardous materials Notification Service published 9-5-01 transportation— Update Service) on 202–523– TRANSPORTATION Hazardous waste manifest 6641. This list is also (PENS) DEPARTMENT requirements; comments available online at http:// Maritime carriers and related due by 10-4-01; www.nara.gov/fedreg/ activities: published 8-8-01 plawcurr.html. Vessel transfer to foreign Incident reporting The text of laws is not PENS is a free electronic mail registry upon revocation requirements and incident published in the Federal notification service of newly of fishery endorsement; report form; revisions; Register but may be ordered enacted public laws. To denial; comments due by comments due by 10-1- in ‘‘slip law’’ (individual subscribe, go to http:// 10-2-01; published 8-3-01 01; published 7-3-01 pamphlet) form from the hydra.gsa.gov/archives/ TRANSPORTATION TREASURY DEPARTMENT Superintendent of Documents, publaws-l.html or send E-mail DEPARTMENT Air commerce: U.S. Government Printing to [email protected] Vessel documentation: Private aircraft programs; Office, Washington, DC 20402 with the following text Fishery endorsement; U.S.- General Aviation (phone, 202–512–1808). The message: flag vessels of 100 feet or Telephonic Program text will also be made greater in registered establishment and available on the Internet from SUBSCRIBE PUBLAWS-L length; comments due by Overflight Program GPO Access at http:// Your Name. 10-1-01; published 8-31- revisions; comments due www.access.gpo.gov/nara/ 01 by 10-2-01; published 8-3- nara005.html. Some laws may TRANSPORTATION not yet be available. Note: This service is strictly 01 for E-mail notification of new DEPARTMENT H.R. 2926/P.L. 107–42 Motor vehicle safety laws. The text of laws is not standards: LIST OF PUBLIC LAWS Air Transportation Safety and available through this service. Interior trunk release; System Stabilization Act (Sept. PENS cannot respond to comments due by 10-1- This is a continuing list of 22, 2001; 115 Stat. 230) specific inquiries sent to this 01; published 8-17-01 public bills from the current Last List September 24, 2001 address.
VerDate 11-MAY-2000 21:00 Sep 27, 2001 Jkt 194001 PO 00000 Frm 00006 Fmt 4712 Sfmt 4711 E:\FR\FM\28SECU.LOC pfrm01 PsN: 28SECU